E PL UR UM IB N U U S Congressional Record th of America PROCEEDINGS AND DEBATES OF THE 115 CONGRESS, SECOND SESSION

Vol. 164 WASHINGTON, WEDNESDAY, FEBRUARY 14, 2018 No. 29 House of Representatives The House met at 10 a.m. and was When Mr. Wood and his family were is undocumented, without that the called to order by the Speaker pro tem- recently informed of his pancreatic principal will call ICE or the authori- pore (Mr. FITZPATRICK). cancer diagnosis, he was focused on liv- ties. f ing until this January, the 75th anni- A sanctuary city is a city that allows versary of his becoming a Scout. What DESIGNATION OF SPEAKER PRO a senior citizen to go into an emer- an admirable spirit and a wonderful TEMPORE gency room to be treated in a hospital man. After a lifetime of service, Mr. without the fear that the nurse will The SPEAKER pro tempore laid be- Wood is now preparing for his next turn him or her in. fore the House the following commu- journey. A sanctuary city is a city that allows nication from the Speaker: Mr. Speaker, I commend Mr. Wood people who are living under the shad- WASHINGTON, DC, for his 75 years of dedication to the ows to go into a police precinct and re- February 14, 2018. Boy Scouts and Stokes County. I hereby appoint the Honorable BRIAN K. port a crime without the fear that they f FITZPATRICK to act as Speaker pro tempore will be deported. on this day. DREAMERS That is what a sanctuary city is. It is PAUL D. RYAN, an intricate part of our soul as a coun- Speaker of the House of Representatives. The SPEAKER pro tempore. The Chair recognizes the gentleman from try of immigrants and States and cities f New York (Mr. ESPAILLAT) for 5 min- of immigrants. MORNING-HOUR DEBATE utes. The Senate process is far from being The SPEAKER pro tempore. Pursu- Mr. ESPAILLAT. Mr. Speaker, I rise fair. A fair process would be to start a ant to the order of the House of Janu- today to express my concerns and my bipartisan debate on Dreamers. The ary 8, 2018, the Chair will now recog- deep for many in this Chamber Speaker of this Chamber has yet to nize Members from lists submitted by who continue to gamble with the lives make a commitment to bring a clean the majority and minority leaders for of over 800,000 Dreamers, young people Dream Act to the floor. morning-hour debate. who are workers and students. They Dreamers are our children. They are The Chair will alternate recognition are teachers and members of our my children. They belong to all of us. between the parties. All time shall be Armed Forces. They are dads and When we look into their faces, I see my equally allocated between the parties, moms. own face. When I look into their faces, and in no event shall debate continue After five continuing resolutions, we I see a genius MacArthur Fellow win- beyond 11:50 a.m. Each Member, other still have left them out in the cold, ner like Cristina Jimenez and Ivan than the majority and minority leaders over 800,000 of them. This week, the Rosales, who is working toward becom- and the minority whip, shall be limited Senate is, once again, sandbagging the ing a doctor in the military. Dreamers. While Senator MCCONNELL to 5 minutes. There is so much aspiration in these has publicly made this an open debate, f Dreamers. This is why over 80 percent it is far from being a fair process. of Americans in red States and blue SALUTING LEWIS WOOD Just yesterday, a Federal judge in States and in Republican districts and The SPEAKER pro tempore. The the Eastern District of New York ruled in Democratic districts support Dream- Chair recognizes the gentlewoman from conclusively that eliminating DACA ers staying here in the United States. North Carolina (Ms. FOXX) for 5 min- and the benefits extended to DACA re- utes. cipients is an illegal act. Just as this is They represent the best of us. They Ms. FOXX. Mr. Speaker, new Boy happening, the Senate continues and represent the foundation of our Nation Scouts make a promise to do their best begins to sandbag the Dreamers by and the tenets of what the Founding to do their duty to God and country first putting on the table the issue of Fathers believe in: that people should and to help other people at all times. sanctuary cities. come to America, prosper, and make Mr. Lewis Wood from Stokes County, Many have a flawed view of what her a better place for all of us to live North Carolina, has not only fulfilled sanctuary cities are. Many erroneously in. that promise, he has lived it to the think that sanctuary cities harbor Mr. Speaker, the fate of these young fullest. Mr. Wood joined the Boy hardened criminals. That is far from people rests right here in the palm of Scouts of America in January 1943. the truth. our hands. We need to ask ourselves: Later, he served as a volunteer and A sanctuary city is a city that allows Are we a nation of aspirations? Or are Scoutmaster for Troop 440 for 50 years. a mom to take her child to school, who we a nation of deportations?

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate Sep 11 2014 03:24 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A14FE7.000 H14FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H1130 CONGRESSIONAL RECORD — HOUSE February 14, 2018 It is in our hands. We cannot keep de- To this day, the same regime that cards and candy at school. Young men ferring a vote on a clean Dream Act. A violated international law to kill Car- and women will gather the courage to deferred vote is a dream denied. Jus- los, Mario, Armando, and Pablo re- speak with their crush, and many cou- tice delayed is justice denied. mains as oppressive as ever, routinely ples will get engaged to marry. But I tell the Dreamers this: Don’t be beating and harassing peaceful pro- I sent my first Valentine, my moth- afraid. Don’t be discouraged. Don’t be testers and incarcerating journalists. er, flowers. I will spend this evening deterred. Don’t be dismayed. You have We cannot let anyone forget the telling my wife, Monica, and my girls, to continue to fight for the most im- blood at the hands of the Castro re- Sky and Sage, the many ways that I portant issues facing America. You gime. The Brothers to the Rescue and love and appreciate them over have done a tremendous job. Keep this their families will forever serve as an FaceTime. fight moving forward for justice in inspiration to those who are willing to But for many, today is not a joyous America. endure great sacrifices for the sake of a day. There are too many victims of do- f free Cuba. mestic abuse who live in homes of bro- COMMEMORATING THE 2018 FLORIDA ken hearts and who search for love but COMMEMORATING THE 22ND ANNI- INTERNATIONAL UNIVERSITY TORCH AWARDS find violence instead. No form of men- VERSARY OF THE BROTHERS TO Ms. ROS-LEHTINEN. Mr. Speaker, I tal, emotional, sexual, or physical THE RESCUE SHOOT-DOWN would like to congratulate the recipi- abuse is acceptable no matter who it is The SPEAKER pro tempore. The ents of the 2018 Torch Awards from my from or under any circumstance, pe- Chair recognizes the gentlewoman from alma mater, Florida International Uni- riod. Florida (Ms. ROS-LEHTINEN) for 5 min- versity. I thank the many organizations, like utes. The Torch Award is the highest Shelter From the Storm, Coachella Ms. ROS-LEHTINEN. Mr. Speaker, I honor given to both faculty and alumni Valley Rescue Mission, and others in rise to commemorate the 22nd anniver- by the FIU Alumni Association, high- my district, for the refuge and support sary of the Brothers to the Rescue lighting the excellence that they bring that they provide. shoot-down, where three U.S. citizens to their professions and the pride they To the victims: I want you to know and one U.S. resident were murdered bring to FIU as an educational institu- that you are not broken and you are by the tyrannical Castro regime. tion. Their exceptional achievements not at fault. You are a survivor and On February 24, 1996, Carlos Costa, and contributions not only to our uni- you have the courage. Help is only one Mario de la Pena, Armando Alejandre, versity but to our Miami community phone call away. Happy Valentine’s and Pablo Morales were on a humani- at large have earned them this pres- Day. tarian mission over international air- tigious award. f space, over international waters when This year’s honorees include: b 1015 they were illegally and brutally shot Alumnus of the Year Chad Moss, down. This mission over the Florida class of 1994. Chad currently serves as ILLEGAL ALIEN AMNESTY straits sought to save the lives of Cu- the executive vice president of Moss FINANCIAL COSTS bans fleeing Castro’s grip of power in and Associates, one of Florida’s largest The SPEAKER pro tempore. The search of freedom. construction companies. Chair recognizes the gentleman from Sylvia Iriondo was rescued in a Outstanding Faculty Award Recipi- Alabama (Mr. BROOKS) for 5 minutes. Cessna and brought to the safety of our ent Dr. Mark Allen Weiss. Dr. Weiss is Mr. BROOKS of Alabama. Mr. Speak- shores. You see, Mr. Speaker, Sylvia an eminent scholar chaired professor er, America cannot afford to be the was aboard the only plane that sur- and the associate director of academic world’s orphanage because we simply vived on that fatal day. She recounts affairs for the FIU School of Com- do not have the money. America’s 2015 how, after seeing the burst of smoke puting and Sciences. deficit was $438 billion. America’s 2016 over the skyline, the pilot, Jose Community Leadership Award recipi- deficit deteriorated to $585 billion. Basulto—who, along with Sylvia, has ent Seth Crapp of the class of 1998. America’s 2017 deficit deteriorated yet testified before the U.S. Congress— Seth is a pediatric radiologist and has again to $666 billion. pleaded on the radio for his colleagues demonstrated exemplary service and Now, thanks to last week’s debt to respond. Twenty-two years have civic engagement in his community junkie spending bill, America faces a passed and justice for the deaths of our through his at Knots4Kids, T. trillion-dollar deficit this year. By American heroes has yet to be Leroy Jefferson Medical Society, and every account, America’s deficit achieved. two-time chair of the group’s annual threatens a dangerous insolvency and Ruben Martinez Puente, Lorenzo health fair which has benefited thou- bankruptcy that will destroy the Alberto Perez y Perez, and Francisco sands of underserved children in Palm America it took our ancestors cen- Perez y Perez have all been indicted in Beach. turies to build. Let there be no mistake our U.S. courts for their roles in the Lastly, the Charles E. Perry Young about it, illegal aliens are a large part murderous Brothers to the Rescue Alumni Visionary Award recipient, of America’s debt problem. Per a re- shoot-down, but they have yet to be Manny Varas, class of 2010 and an MBA cent Federation for American Immi- held accountable. in 2014. Manny, the president and CEO gration Reform study, illegal aliens are I have urged administration after ad- of MV Group, a full service construc- a $116 billion per year net tax loss to ministration to bring these perpetra- tion company, has made great strides American taxpayers. tors to the United States so that they in the early stages of his career. Mr. Speaker, those who do not learn can be prosecuted and justice can be These individuals, Mr. Speaker, and from history are doomed to repeat it. served. the many other distinguished alumni America tried amnesty in 1986, and it Furthermore, the Obama administra- honored this year exemplify what it failed miserably, turning a 1 to 2 mil- tion made the grave error of releasing means to be an FIU Panther. Their lion illegal alien problem into today’s Cuban spy Gerardo Hernandez, who was service to the betterment of our com- 15 million illegal alien disaster. Why? convicted of conspiracy to commit es- munity makes them valuable and de- Because amnesty does not stop illegal pionage and conspiracy to commit serving of this great honor. I congratu- conduct; rather, it encourages illegal murder for his role in the deaths of late them all. conduct. these brave pilots—released. Go Panthers. It baffles me that Washington’s ‘‘Sur- I will continue to urge our Depart- f render Caucus’’ refuses to learn from ment of Justice to pursue legal action history and anxiously seeks to repeat against all current and former Cuban VALENTINE’S DAY DOMESTIC 1986’s bad mistake, at great cost to regime operatives who perpetrated that ABUSE REMINDER America. And the cost is great. murderous attack against the Brothers The SPEAKER pro tempore. The A 2015 Center for Immigration Stud- to the Rescue aircrafts, its unarmed Chair recognizes the gentleman from ies report disclosed that more than 60 victims, and all Cuban operatives who California (Mr. RUIZ) for 5 minutes. percent of households that have an ille- planned or otherwise participated in Mr. RUIZ. Mr. Speaker, today is Val- gal alien in them are on welfare, com- the shoot-down. entine’s Day. Children will pass around pared to only 30 percent of households

VerDate Sep 11 2014 23:19 Feb 14, 2018 Jkt 079060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K14FE7.002 H14FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 14, 2018 CONGRESSIONAL RECORD — HOUSE H1131 with no immigrants in them. Con- won’t mention his name—‘‘said on Sun- choices so that they may become pro- sistent with that data, the Congres- day that the Democratic Party should ductive, responsible, and engaged sional Budget Office determined that take away funding from Democratic young adults. the Democrats’ Dream Act that gives candidates who talk about impeaching I want to highlight the story of John amnesty to illegal aliens and that President Trump on the campaign Wilson, the board president and an in- Democrats recently shut down the gov- trail.’’ dividual who himself benefited from ernment over costs Federal taxpayers I am such a candidate. I have talked Big Brothers Big Sisters. John’s father $26 billion. And that $26 billion net tax about impeaching the President, and I passed away when he was 5. He was loss to Federal taxpayers does not in- will continue to talk about impeaching matched with a big brother when he clude even larger State and local tax the President. was 12 at a point when, in his own losses. I am defending The Hill for printing words, he was at a significant risk of By any measure, any amnesty, in- this, by the way. The Hill goes on to heading in the wrong direction. He cluding amnesty for DACA illegal say: ‘‘Any Democrat mentioning the credits his mentor with having a pro- aliens, makes the illegal alien problem word ‘impeachment’ on the campaign found impact on his life, without whom worse and, over the long haul, costs trail should have their campaign funds his life could have turned out very dif- American taxpayers hundreds of bil- pulled by the Democratic Party.’’ ferently, in John’s words. lions of dollars America does not have, This is what was tweeted by the host John graduated from college, enjoyed has to borrow to get, and cannot afford of ‘‘Morning Joe’’: a successful career, and now gives back to pay back. Of course, the leftist ‘‘I defend The Hill’s right to print it, as president of the board. John is still mainstream media rarely shares these and I defend the right of ‘Morning Joe’ in contact with his big brother and facts with Americans because it under- host to say what he said, and I hope working hard to pay back the invest- mines their narrative that people will defend and respect my right ment made in him years ago. To all Dreamer amnesty pays for itself. to say what I’m about to say. those involved in Big Brothers Big Sis- Mr. Speaker, the executive branch ‘‘I will not be intimidated. I want the ters, including John, we thank you for must do its job. The executive branch host to know that, if those who have your work in helping our youth in must catch and evict illegal aliens. It threatened my life couldn’t intimidate Bucks County. is that simple. Further, the executive me, he will not. I want the host to SAVE STONE MEADOWS FARM branch must enforce section 212 of the know that I spoke about impeachment Mr. FITZPATRICK. Mr. Speaker, Immigration and Nationality Act, just this weekend that passed.’’ growing up in Middletown Township in which states that no person may seek And I am looking to future engage- Bucks County, Pennsylvania, and as a admission to the United States or be- ments to speak about impeachment. current Middletown Township resident come a permanent resident if the indi- And I will bring Articles of Impeach- now representing my hometown in vidual, ‘‘at the time of application for ment to the floor of the House of Rep- Congress, I have seen my community admission or adjustment of status, is resentatives again if conditions require change throughout the years. The one likely at any time to become a public it. I am not afraid. I have no fear of constant, however, has always been the charge.’’ these people who would have me abro- presence of Stone Meadows Farm, one If the executive branch will simply gate my constitutional rights. I will of the last remaining active agricul- enforce America’s immigration laws, stand and defend them, and I will exer- tural lands in our township. The 168- there will be no illegal alien problem cise my rights. acre farm has a rich history that con- and taxpayers will, over the long haul, The truth is this: We all have a duty nects the present to the past; and, as save hundreds of billions of dollars that to speak up and speak out and stand development continues throughout our could be better spent on debt reduction up. That is what I will do. region, Stone Meadows Farm reminds or American citizens. Unfortunately, God bless you. Happy Valentine’s residents why we chose to live in beau- instead of insisting that the executive Day. tiful Middletown Township, Pennsyl- branch enforce the law, Washington’s f vania. I firmly believe that this is ‘‘Surrender Caucus’’ wants to give up RECOGNIZING BIG BROTHERS BIG something worth preserving. and grant amnesty to illegal aliens, SISTERS OF BUCKS COUNTY In Bucks County, we are fortunate thereby, again, naively rewarding ille- that our local and county leaders con- gal conduct at great cost to American The SPEAKER pro tempore. The tinue to make concerted efforts to pre- taxpayers. Chair recognizes the gentleman from serve our open spaces, and here in Con- In so doing, Washington’s ‘‘Surrender Pennsylvania (Mr. FITZPATRICK) for 5 gress I am working to support preser- Caucus’’ betrays American families and minutes. vation and land conservation efforts taxpayers who must foot the bill for Mr. FITZPATRICK. Mr. Speaker, I nationwide. I stand ready to work with yet another bad mistake by Wash- rise today to recognize the Big Broth- any government official and our citi- ington that is motivated by election- ers Big Sisters of Bucks County, which zens, like members of the Save Stone year politics, not America’s best inter- has served tens of thousands of kids in Meadow Farm movement, who share ests. our community since its founding in this goal to preserve our quality of life f 1963. and the character of our community. The Bucks County chapter is unique. Whether in our hometown or across DEFENDING FREEDOM OF SPEECH Since 2015, they have piloted an expan- our great Nation, we must stand ready The SPEAKER pro tempore (Mr. sion of their mentorship program, to preserve and protect our open spaces EMMER). The Chair recognizes the gen- which pairs elementary schools with from overdevelopment. high school mentors to include chil- tleman from Texas (Mr. AL GREEN) for f 5 minutes. dren with autism spectrum disorder. Mr. AL GREEN of Texas. Mr. Speak- This tailored program caters to the HIGHLIGHTING THE IMPORTANCE er, I am always honored to stand in the students’ unique needs, providing these OF THE DAIRY INDUSTRY well of the House. children with two specially trained The SPEAKER pro tempore. The Mr. Speaker, today I rise as a liber- high school mentors rather than one to Chair recognizes the gentleman from ated Democrat, a liberated Democrat ensure a greater level of stability. Pennsylvania (Mr. THOMPSON) for 5 who will not only speak truth to power The program has been so successful minutes. but who will also speak truth about that Big Brothers Big Sisters of Bucks Mr. THOMPSON of Pennsylvania. power. County is now looking to expand it. Mr. Speaker, yesterday morning, I had Mr. Speaker, I rise today to defend Their community mentorship program the opportunity to attend part of Ful- freedom of speech. I rise to defend the matches at-risk youth ages 6 to 16 with ton Bank’s 39th annual Agriculture freedom of speech of The Hill news- volunteer mentors. This program pro- Seminar, which is a day-long informa- paper. I defend the freedom of speech of vides caring adult role models who con- tional event that draws individuals The Hill newspaper when it printed sistently spend time with their from all over the Commonwealth of these words: ‘‘ ‘Morning Joe’ host’’—I ‘‘littles’’ to help them make good Pennsylvania. The event is free and

VerDate Sep 11 2014 23:19 Feb 14, 2018 Jkt 079060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K14FE7.004 H14FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H1132 CONGRESSIONAL RECORD — HOUSE February 14, 2018 featured numerous speakers, including Providing students the option to con- spect for the rule of law and compas- agriculture economist Andrew sume milk with flavor has the poten- sion for his fellow citizens made him an Frankenfield and other industry ex- tial to positively affect milk consump- exceptional sheriff. perts. tion trends among children and adults, During his time in office, Joe fos- Mr. Speaker, as the House Com- while supporting the local dairy farm- tered a relationship with neighboring mittee on Agriculture prepares the ers. counties to share a crime lab, which next farm bill, there has been universal This is why I introduced H.R. 4101, helped solve cases and bring justice. agreement that the dairy industry’s the School Milk Nutrition Act. This Every single day, Joe put the safety of Margin Protection Program needs to be bill provides the schools the option of Minnesotans above all else. reformed in advance. To address this, offering low-fat, 1 percent, flavored Sheriff Hagerty, I speak on behalf of we were able to make much-needed milk instead of only fat free. all Minnesotans when I say: Thank changes in last week’s bipartisan budg- On November 29, 2017, USDA Sec- you. We wish you a happy and healthy et deal. retary Sonny Perdue announced a new and well-deserved retirement. The final agreement took a number USDA rule that expands options for RECOGNIZING CARVER COUNTY SHERIFF JIM of actions that will revamp the pro- milk in school lunches. OLSON gram to better serve participating b 1030 Mr. EMMER. Mr. Speaker, I rise dairy farmers. To help the program to today to recognize and thank Carver Similar to my legislation, this rule be more accurate and responsive during County Sheriff Jim Olson for his in- gives schools the option to serve low- difficult months, monthly margined credible 31 years of service to the peo- fat, 1 percent, flavored milk. Thank- calculations have been changed to bi- ple of Minnesota. In Jim’s three-plus fully, this rule will be in effect for fis- monthly. To help the program better decades on the force, Sheriff Olson cal year 2018 and fiscal year 2019. reflect the growth in dairy herd sizes, oversaw some of Carver County’s most I look forward to continuing to craft the new law expands the first tier from exciting and turbulent times. a farm bill that puts forth the very 4 million to 5 million pounds. The new When the Ryder Cup was held in best policy for our farmers, our fami- law raises the catastrophic coverage Chaska, Minnesota, in 2016, Jim man- , and all Americans. I know Sec- level from $4 per hundred weight to $5 aged safety operations and maintained retary Perdue supports the legislation, per hundred weight for the first tier of a family-friendly environment for ev- H.R. 4101, moving ahead to codify what covered production. eryone. After the passing of Minnesota he has been able to do with what flexi- It also reduces premiums for the first legend Prince, Jim ensured that Pais- bility he has and to get that done for 5 million pounds of production, making ley Park in Carver County remained a our kids and for the dairy industry. higher levels of coverage more afford- safe place for Prince’s fans to mourn. able to provide more protection against f Jim has dedicated his life to Carver low margins. Finally, the new law al- REMEMBERING THE LIFE OF County, serving as an instructor of the lows for the development of insurance SARAH JANECEK Carver County Citizens Academy to in- policies for livestock producers, includ- The SPEAKER pro tempore (Mr. form the public about the services and ing for dairy farmers. This change en- role of the sheriff’s office. Impres- courages further adequate risk man- FITZPATRICK). The Chair recognizes the gentleman from Minnesota (Mr. sively, he also serves as a member of agement tools are available the next the Carver County Mental Health Con- time they are faced with disaster. EMMER) for 5 minutes. Mr. EMMER. Mr. Speaker, I rise sortium to spread awareness of mental Mr. Speaker, the state of the dairy health resources. He has been a faith- industry is much different today than today to remember the life of Sarah Janecek, a friend who passed away un- ful, selfless servant leader to the citi- it was when the last farm bill was writ- zens of Carver County. ten. Today we see low milk prices that expectedly and far too soon. Sheriff Olson, thank you for your have impacted the dairy industry Sarah was one of Minnesota’s best service. We wish you the best in your across the country. The House Com- political commentators. As a strate- retirement. mittee on Agriculture is not only gist, she understood all sides of the aware of the challenges facing the in- issues and brought humor everywhere RECOGNIZING OUTSTANDING BUSINESSMAN BUTCH AMES dustry, but we are working to help she went. bring relief. Over the course of her career, Sarah Mr. EMMER. Mr. Speaker, I rise Another factor negatively impacting built relationships across the political today in recognition of one of Min- the dairy industry is declining milk spectrum. She was known for lending nesota’s outstanding businessmen, consumption. This not only negatively her honesty and wit to every encoun- Butch Ames. As chief executive affects dairy farms and farm families ter. She commanded respect by becom- and cofounder of Ames Construction, a across the country but also students ing a source of political knowledge family-owned and privately held con- and their overall nutrition. Despite the through her writing, newsletters, and struction company headquartered in fact that public school enrollment was commentary, and she was sought after Minnesota, Butch has built and grown growing, schools served 213 million by local and national media to provide the industry nationwide. fewer half-pints of milk between 2014 her insights on Minnesota’s unusual Ames Construction is known for and 2016. Children over 4 years old are politics. heavy civil, transportation, and mining not meeting the recommended daily Our community has suffered a great construction. With Butch at the helm, servings of dairy in the Dietary Guide- loss. Sarah’s bright spirit will, indeed, the company continues to grow and ex- lines for Americans. be missed. My deepest condolences go pand its reach all across the Nation. We know that milk is a nutritional out to her family and loved ones. Sarah They have completed notable projects, powerhouse. Given the nutritional had a great heart, and we will all miss such as Denver’s International Airport, value of milk and because students her. the I–15 corridor reconstruction project need to be nourished to be at their HONORING THE LEGACY OF WRIGHT COUNTY in Salt Lake City, the Loop 202 in best, this is a cause for concern. Stead- SHERIFF JOE HAGERTY Phoenix, and the St. Croix River Cross- ily decreasing participation in the Mr. EMMER. Mr. Speaker, I rise ing in Minnesota. School Lunch Program, coupled with today to honor the legacy of Wright Butch holds his company to a stand- the fact that flavored milk, the most County Sheriff Joe Hagerty. Joe retires ard of professionalism and safety that popular variety in schools, must be fat after 33 honorable years of service to is unparalleled, serving this Nation and free under the current law, has led to the third largest sheriff’s office in the his industry proudly. an alarming decline in overall milk State of Minnesota. He has a reputa- Congratulations, Butch. consumption. tion for honesty and has become some- RECOGNIZING TORAH ACADEMY We have lost an entire generation of one that we all trust. Mr. EMMER. Mr. Speaker, I rise milk drinkers, and they have lost out, Our community has been honored to today to recognize Torah Academy for that generation, on the nourishment have a public servant with Joe’s level entering their 73rd year educating Jew- and nutrition that comes from milk. of integrity and accountability. His re- ish children in Minnesota. From the

VerDate Sep 11 2014 23:19 Feb 14, 2018 Jkt 079060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K14FE7.005 H14FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 14, 2018 CONGRESSIONAL RECORD — HOUSE H1133 beginning and to this day, Torah Acad- the Stellar Awards, the first and the in the seasons of our lifeline and for- emy maintains a focus on strength- oldest televised awards show in our Na- ever. ening the mind and spirit of our future tion that honored gospel music artists May all that is done this day in the leaders. for over 33 years. people’s House be for Your greater Because of educators like Dean and Dr. Jackson achieved so much in her honor and glory. Rabbi Pinchus Idstein and Principal life through hard work and determina- Amen. Matthew Cleary, Torah Academy offers tion. She never gave up, always fought f a quality education on firm spiritual for what was right, and made it her grounding. Pillars of our strong local life’s mission to help students in Chi- THE JOURNAL community like Dr. Joey Greenberg cago explore their potential and their The SPEAKER. The Chair has exam- and his wife, Mrs. Marina Greenberg, educational possibility. ined the Journal of the last day’s pro- spread kindness and generosity to Dr. Jackson was a truly remarkable, ceedings and announces to the House make certain Torah can execute its smart, and phenomenal woman who en- his approval thereof. mission and goals. joyed the arts, sports, and loved line Pursuant to clause 1, rule I, the Jour- A special thank-you to Citizens Inde- dancing. She had a smile that would nal stands approved. pendent Bank, that also dedicates their light up a room. support. Dr. Jackson will be missed by her f Torah students succeed because their family, her friends, our city, our State PLEDGE OF ALLEGIANCE community supports them, and they and, indeed, our Nation and all those The SPEAKER. Will the gentle- are guaranteed to make their corner of who fondly remember her beautiful and woman from Alabama (Mrs. ROBY) the world a better place. loving spirit. come forward and lead the House in the Congratulations to Torah Academy I was blessed to know her, and Chi- Pledge of Allegiance. for a successful 73 years. We wish you cago was better because of her. My Mrs. ROBY led the Pledge of Alle- many more. heart goes out to her entire family. giance as follows: f The last time I saw Dr. Jackson was I pledge allegiance to the Flag of the HONORING DR. ROSEMARY last year. My late wife, Carolyn, and I United States of America, and to the Repub- JACKSON were going into one of our favorite res- lic for which it stands, one nation under God, taurants in the Hyde Park community indivisible, with liberty and justice for all. The SPEAKER pro tempore. The and Rose and Don Jackson, her hus- f Chair recognizes the gentleman from band, were leaving, and we stopped for Illinois (Mr. RUSH) for 5 minutes. a moment and had a conversation. ANNOUNCEMENT BY THE SPEAKER Mr. RUSH. Mr. Speaker, I rise today Mr. Speaker, on behalf of the people The SPEAKER. The Chair will enter- to pay tribute and honor the memory of the First Congressional District of of Dr. Rosemary Jackson. tain up to 15 requests for 1-minute Illinois, thank you, Rose. Thank you. speeches on each side of the aisle. Dr. Jackson was an educator in Chi- God bless you. Enjoy your rest. You cago. Dr. Jackson was an entrepreneur. have earned it. f Dr. Jackson was an exceptional com- CAREER AND TECHNOLOGY PRO- munity leader who passed away last f GRAMS ARE A PATHWAY TO week and leaves behind a stellar legacy RECESS SUCCESS that will endure throughout the years. The SPEAKER pro tempore. Pursu- (Mr. THOMPSON of Pennsylvania Dr. Jackson was a lifelong Chicago ant to clause 12(a) of rule I, the Chair asked and was given permission to ad- resident who had a passion for edu- declares the House in recess until noon dress the House for 1 minute and to re- cation, a passion that began when she today. vise and extend his remarks.) was a young girl. She received her Accordingly (at 10 o’clock and 41 Mr. THOMPSON of Pennsylvania. Ph.D. from Loyola University and her minutes a.m.), the House stood in re- Mr. Speaker, on Monday, I had the master’s degree from both National cess. College of Education and DePaul Uni- privilege of visiting Central Mountain versity. f High School’s Career and Technology Beginning her career as an English b 1200 Education Center. It is a state-of-the- teacher at her alma mater, John Mar- art 235,000-square-foot academic career AFTER RECESS shall High School—my alma mater— technical education complex. she went on to teach at local institu- The recess having expired, the House The Keystone Central School District tions such as Hyde Park High School was called to order by the Speaker at has introduced and implemented a CTE on the South Side in my district, Ken- noon. curriculum that offers a totally inte- nedy-King College in my district, and f grated academic, career, and technical her beloved DePaul University. education for all 9th through 12th grad- In all of these places, Mr. Speaker, PRAYER ers. Dr. Jackson deeply touched countless The Chaplain, the Reverend Patrick The integration model allows all stu- lives and inspired so many young peo- J. Conroy, offered the following prayer: dents to explore and attain high aca- ple. Dr. Jackson, Mr. Speaker, was a Eternal God, we give You thanks for demic and technical skills in their cho- pillar of the community and a person giving us another day. sen profession. This system is designed deeply committed to public service. February weather would deceive us to provide all students with an edu- She was also a member of the Delta and have us think spring is yet a long cational exploration opportunity that Sigma Theta Sorority, for which she way off. Yet, even as cold winds blow is both rigorous and relevant for career chaired several committees during her and penetrate the depths of the Earth, and post-secondary success. 50-year tenure as an active member. Your laws nurture new life. Winter’s Mr. Speaker, as co-chair of the Ca- Beyond her love for education and weight breaks off what seems unfruit- reer and Technical Education Caucus her love for community service, Dr. ful branches and rushing streams wash and author of the Strengthening Career Jackson was a beloved wife and moth- away all that is rootless. and Technical Education for the 21st er. Invigorate the House of Representa- Century Act, I am thrilled to see this She was the vice chairman and the tives, that restorative justice may in- kind of educational complex in my chief administrative officer at Chicago- spire new confidence in this Nation and community. based Central City Productions, the the work of Congress may produce a Offering CTE programs to students in business that she helped develop with fruitful land. high school truly gives them an oppor- her lifelong partner, her devoted hus- Grant that the daily work of Your tunity to explore career options. There band, my longtime friend, Mr. Donald people might silence a cynical world is an enormous skills gap that exists Jackson. Central City Productions, Mr. with blossoms of truth, and early today in America. There are good-pay- Speaker, is best known for producing growth release the scent of eternal life ing, family-sustaining jobs out there,

VerDate Sep 11 2014 23:19 Feb 14, 2018 Jkt 079060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K14FE7.007 H14FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H1134 CONGRESSIONAL RECORD — HOUSE February 14, 2018 but people need the right skills to ob- the land, and even two American Presi- attended Colgate University and Co- tain those jobs. CTE programs are the dents, Grover Cleveland and Teddy lumbia Business School. He is an up- pathway to success. Roosevelt, served in such a capacity. standing American citizen who does f Sheriff Judd has long been an advo- not deserve to be treated like a crimi- cate for the rule of law, and we will all nal, nor a political pawn, by a rogue re- DEMOCRATS HAVE A BETTER benefit as he rises to this position to gime as he promotes the extraordinary DEAL fight to uphold the noble tradition of heritage of Persia. (Mr. CICILLINE asked and was given keeping the peace. The Obama administration caved to permission to address the House for 1 My deepest congratulations to Sher- the dangerous ransom deals with Iran, minute.) iff Judd and his family, and to the but ‘‘strategic patience’’ only Mr. CICILLINE. Mr. Speaker, the Major County Sheriffs of America, who emboldened them to subjugate the President and our Republican col- do such important work to keep us all brave citizens of Iran. leagues are at it again, promoting eco- safe. As the Iranian Government continues to undermine peace, free nations must nomic policies that enrich the wealthy f and the biggest corporations in our work together to address this serious country. That will hurt middle class PRESIDENT TRUMP’S threat. I support Secretary of State families. We saw it in the tax scam. We INFRASTRUCTURE PLAN Rex Tillerson and U.N. Ambassador see it in the President’s budget. And (Mr. KILDEE asked and was given Nikki Haley in calling for the release now we even see it in the infrastruc- permission to address the House for 1 of all American citizens unjustly de- ture proposal. minute.) tained in Iran. President Trump proposes a $200 bil- Mr. KILDEE. Mr. Speaker, this week, In conclusion, God bless our troops, lion infrastructure plan that will raise the long-awaited Trump infrastructure and we will never forget September the fees and tolls on commuters, burden plan was finally released. What a dis- 11th in the global war on . cities and States and ask others to fill appointment, after coming here a year f the funding gap, sells off infrastructure ago and promising a $1 trillion plan. NATIONAL CHILDREN’S DENTAL to Wall Street and private companies, Then, in his State of the Union, saying HEALTH MONTH and ends vital worker and environ- it is going to be even bigger—huge— mental protections. $1.5 trillion. In the fine print, however, (Ms. KELLY of Illinois asked and was The Democrats have proposed a bet- $1.3 trillion of the $1.5 trillion comes given permission to address the House ter deal: a $1 trillion investment, five from communities like my hometown for 1 minute.) Ms. KELLY of Illinois. Mr. Speaker, times the President’s plan, to really re- of Flint, Michigan. February is National Children’s Dental build America. It will create 6 million Now, let’s be clear. If States and Health Month. local communities had an extra $1.3 good-paying jobs. It will deliver lower During this month, we raise aware- trillion laying around, they would be prices and better choices for con- ness about the importance of oral servicing those roads and bridges. They sumers. It safeguards clean air and health, especially for America’s kids. would be rebuilding their water sys- clean water and worker protection. It Tooth decay is the most common tems. They would be doing this work builds more resilient infrastructure to chronic childhood disease—five times already. withstand climate change and ensures more common than asthma and seven If we are going to have a Federal in- products are built with American ma- times more common than hay fever. frastructure plan, we need to have a terials. Oral health status is directly tied to There is a real contrast here between Federal infrastructure plan that is academic achievement and school at- what the President has proposed, which really investment and not just check- tendance. is basically to shift the burden to cities ing the box so that the President can One way we can fix this is by passing and States and for the Federal Govern- say he submitted a big, bold infrastruc- my Action for Dental Health Act, H.R. ment to abandon its responsibility to ture plan. 2422, which was unanimously reported help rebuild our country. Well, it is not big and bold, from the out of the Energy and Commerce Com- The Democrats have a better deal Federal Government’s point of view. mittee on September 25. This bipar- than this raw deal. It is a deal to re- The $200 billion investment from the tisan bill is cosponsored by 83 Members build our country to create 16 million Federal Government, offset by a $170 and supported by the American Dental good-paying jobs to make sure the Fed- billion reduction, boils down to $3 bil- Association, the National Dental Asso- eral Government remains a real part- lion a year over 10 years. ciation, the American Dental Edu- ner in rebuilding America. That is not big. That is not bold. cation Association, and 39 other advo- f That won’t fix the roads and bridges in cacy groups. this country. SHERIFF GRADY JUDD NAMED Once enacted, this bill will empower PRESIDENT OF THE MAJOR f the CDC to deliver more and better COUNTY SHERIFFS OF AMERICA NO MORE ‘‘STRATEGIC PATIENCE’’ healthcare to underserved populations, especially urban and rural commu- (Mr. ROSS asked and was given per- WITH IRAN nities, and increase education about mission to address the House for 1 (Mr. WILSON of South Carolina the importance of oral health. minute and to revise and extend his re- asked and was given permission to ad- I am proud to be working with Con- marks.) dress the House for 1 minute and to re- gressman MIKE SIMPSON from Idaho on Mr. ROSS. Mr. Speaker, today I rise vise and extend his remarks.) this bipartisan bill. I ask the Speaker in recognition of a man whose service Mr. WILSON of South Carolina. Mr. to schedule a vote on the bill before the to his community has resulted in Speaker, this weekend, Iran has wrong- end of National Children’s Dental greater safety, security, and justice in fully seized another American hostage. Health Month. Polk County, Florida. Morad Tahbaz, a dual American and Lastly, I would like to wish my col- Sheriff Grady Judd, a stalwart of law Iranian citizen, was volunteering with leagues and constituents a Happy Val- enforcement in the 15th District and a the Persian Wildlife Heritage Founda- entine’s Day. dear friend, has been sworn into the tion when he was maliciously arrested. f role of president of the Major County This is in addition to the tragic news Sheriffs of America, a position to that Canadian Kavous Seyed Emami, ADDRESSING ILLEGAL which he will bring his knowledge, his who was arrested working with the IMMIGRATION skill, and his integrity to advocate for Foundation, died last week under sus- (Mrs. ROBY asked and was given per- safer communities across our great Na- picious circumstances in an Iranian mission to address the House for 1 tion. prison. minute and to revise and extend her re- For centuries, the Anglo-American Morad Tahbaz is the CEO of the Per- marks.) sheriff system has produced officers sian Wildlife Heritage Foundation and Mrs. ROBY. Mr. Speaker, this week, who secure the peace and prosperity of former president of Empire Resorts. He the Senate is taking action to address

VerDate Sep 11 2014 23:19 Feb 14, 2018 Jkt 079060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K14FE7.010 H14FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 14, 2018 CONGRESSIONAL RECORD — HOUSE H1135 our illegal immigration problem, so I AMERICANS SUPPORT WELFARE RECOGNIZING COLORADO rise today to share some feedback from REFORM OLYMPIANS the people I represent in Alabama’s (Mr. SMITH of Texas asked and was (Mr. POLIS asked and was given per- Second Congressional District. given permission to address the House mission to address the House for 1 I recently held two telephone town- for 1 minute and to revise and extend minute and to revise and extend his re- hall events to hear directly from some his remarks.) marks.) of my constituents. Let me start by Mr. SMITH of Texas. Mr. Speaker, Mr. POLIS. Mr. Speaker, I rise today thanking every person who took the the welfare system in America has a in support of the Olympic athletes time to participate and ask questions. problem and the great majority of from the great State of Colorado. The During both townhalls, I asked ev- Americans want to fix it. Olympics are a demonstration of fel- eryone what their top priority was re- Since 2000, the amount of Federal lowship, sportsmanship, commitment, garding our country’s illegal immigra- dollars spent on Medicaid that goes to determination, and grit—a wonderful tion issue, and the vast majority of able-bodied adults has increased 713 example for the world. participants said they are most con- percent. The amount spent on food There are 36 Olympians participating cerned about securing our border. stamps for able-bodied adults has in- from Colorado, the most from any I couldn’t agree more. I have always creased nearly 500 percent. These fig- State in the USA, and they are com- said that, in order to truly fix our im- ures do not include seniors or individ- peting in 17 different disciplines. I am migration system, we absolutely have uals with disabilities. proud to say that 12 of these Olympic to start by securing our border. If I had Every welfare dollar that is spent on athletes are from Colorado’s Second a leak in my house, I wouldn’t start by able-bodied, working-age adults diverts Congressional District. , replacing the damaged drywall. I would resources from the very individuals the Mikaela Shiffrin, Sarah Schleper, Jo- fix the leak first. program was designed to help—the anne Reid, Casey Andringa, Chris Del Mr. Speaker, the same idea applies truly needy—and from other important Bosco, Jaelin Kauf, Mike Testwuide, for our illegal immigration problem. priorities such as education and public Katie Uhlaender, Chris Corning, Kyle We will only be able to make real safety. Mack, and Red Gerard all hail from the towards fixing the issue once The solution is a work requirement. Second Congressional District of Colo- we secure our border once and for all. Able-bodied adults on welfare should be rado. I am proud to support these efforts in required to work, get training, or per- And I am exceptionally proud that the House, and I stand ready to con- form community service to receive this past Saturday Red Gerard, at 17 tinue to work to tackle this problem benefits. An overwhelming 90 percent years old, from Silverthorne, Colorado, where it starts: at the border. of voters support this reform, which won the Pyeongchang Olympic Gold f could move 10 million able-bodied Medal for the United States, the first adults off of welfare. Olympic Gold Medal for Team USA, be- (Mr. HUFFMAN asked and was given Those who can work, should. Work is fore going from last place to first place permission to address the House for 1 essential to helping individuals regain on the final run. Red learned to minute and to revise and extend his re- their independence and self-worth. snowboard right in his backyard in marks.) f beautiful Summit County. Another young Coloradoan, Arielle Mr. HUFFMAN. Mr. Speaker, outside b 1215 this building, more and more Repub- Gold—and Gold is a great name if you COMMEMORATING 50TH licans bemoan the effect of Trumpism are going to be an Olympian—despite ANNIVERSARY OF THE 911 SYSTEM on their party. We should take a mo- dislocating her shoulder in training ment to define this new phenomenon. (Mr. BANKS of Indiana asked and earlier in the week, is bringing home a Trumpism is when the whims of our was given permission to address the bronze medal in the women’s halfpipe. authoritarian President ‘‘trump’’ the House for 1 minute.) Those are just two of the 36 Olympic values Republicans once stood for. It is Mr. BANKS of Indiana. Mr. Speaker, stories from Colorado. I wish I had when evangelicals say character I rise today to commemorate the 50th time to talk about the other 34 because doesn’t matter. It is when ‘‘rule of anniversary of the 911 system and to their dedication, perseverance, and law’’ constitutionalists shield Trump honor its founder, Congressman Ed spirit is an inspiration to all Ameri- by attacking the institutions that Roush from Huntington, Indiana. cans, and I am rooting for them every guarantee the rule of law. As the representative for my north- step of the way. It is when First Amendment cham- east Indiana district, the late Con- USA. USA. USA. pions join Trump in attacking our free gressman Roush was a driving force be- f press. It is when Russia hawks bow and hind the efforts to create one central scrape before a President who chooses telephone number that citizens could CHALLENGING MORNING JOE HOST to believe his pal Vladimir over our use in a time of crisis to receive help. FOR AN INVITATION TO SPEAK own intelligence agencies. Launching a one-man crusade in the ON THE PROGRAM Trumpism is when this House, which House, Congressman Roush wrote to all (Mr. AL GREEN of Texas asked and is supposed to conduct serious over- 50 Governors and countless public serv- was given permission to address the sight, acts like Trump’s lapdog, ignor- ants to gain support for an emergency House for 1 minute and to revise and ing or abetting corruption and obstruc- phone number that was easy to remem- extend his remarks.) tion of justice. ber under stress and short enough to Mr. AL GREEN of Texas. Mr. Speak- Because Trumpism threatens democ- dial quickly. er, I rise today because I am a pro- racy, many Republicans are leaving On March 1, 1968, the congressman’s ponent of impeachment. I have not their party or, like George Bush’s efforts were successful, and the 911 sys- only as much as said so but brought speechwriter, Michael Gerson, are call- tem went live in Huntington, Indiana, Articles of Impeachment before the ing on voters to deliver a message this with Congressman Roush placing the House of Representatives. There are a fall. Without that political jolt, Gerson first test call. Due to his efforts, Hun- good many people who are antithetical writes, ‘‘elected Republicans will just tington led the way for other munici- to my position, Mr. Speaker. keep clinging to the USS Trump as it palities to adopt the important emer- As a Member of the House, I would sinks further into the swamp.’’ gency system that has saved so many challenge any Member who desires to Now that we have defined Trumpism, lives. Hoosiers are proud of the late debate this issue on the floor of the let’s work together to save this coun- Congressman Roush for his leadership House. I would also challenge any try from it. 50 years ago on this initiative. member of a morning program, ‘‘Morn- The SPEAKER pro tempore (Mr. We as a nation are safer due to his ef- ing Joe,’’ who that he should CURTIS). Members are reminded to re- forts and the everyday lifesaving ac- back up his words, to talk to me on his frain from engaging in personalities to- tions of 911 operators and first respond- program. Never talked to me. Never ward the President. ers. said a word.

VerDate Sep 11 2014 23:19 Feb 14, 2018 Jkt 079060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K14FE7.012 H14FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H1136 CONGRESSIONAL RECORD — HOUSE February 14, 2018 Would you invite me on your pro- considered as read. All points of order rule today on behalf of the Rules Com- gram and show the courage to speak of against provisions in the bill are waived. The mittee. The rule provides for consider- these issues with me there so that I previous question shall be considered as or- ation of H.R. 620, the ADA Education dered on the bill and on any amendment and Reform Act; H.R. 3978, the TRID may defend and you may attack? thereto to final passage without intervening f motion except: (1) one hour of debate equally Improvement Act; and H.R. 3299, the Protecting Consumers’ Access to Cred- PROVIDING FOR CONSIDERATION divided and controlled by the chair and rank- ing minority member of the Committee on it Act of 2017. OF H.R. 620, ADA EDUCATION Financial Services; and (2) one motion to re- The rule provides for one hour of de- AND REFORM ACT OF 2017; PRO- commit. bate on H.R. 620, equally divided be- VIDING FOR CONSIDERATION OF SEC. 3. Upon adoption of this resolution it tween the chairman and ranking mem- H.R. 3299, PROTECTING CON- shall be in order to consider in the House the ber of the Judiciary Committee. The SUMERS’ ACCESS TO CREDIT bill (H.R. 3978) to amend the Real Estate Set- rule also provides for a motion to re- tlement Procedures Act of 1974 to modify re- ACT OF 2017; PROVIDING FOR commit and makes in order multiple CONSIDERATION OF H.R. 3978, quirements related to mortgage disclosures, and for other purposes. All points of order amendments from colleagues on both TRID IMPROVEMENT ACT OF 2017; against consideration of the bill are waived. sides of the aisle. AND PROVIDING FOR PRO- An amendment in the nature of a substitute It also provides for one hour of de- CEEDINGS DURING THE PERIOD consisting of the text of Rules Committee bate on the two Financial Services FROM FEBRUARY 16, 2018, Print 115-59, modified by the amendment bills, with time equally divided be- THROUGH FEBRUARY 23, 2018 printed in part B of the report of the Com- tween the chairman and ranking mem- mittee on Rules accompanying this resolu- ber of that committee. Mr. COLLINS of Georgia. Mr. Speak- tion, shall be considered as adopted. The bill, er, by direction of the Committee on Yesterday, the Rules Committee had as amended, shall be considered as read. All the opportunity to hear from my fellow Rules, I call up House Resolution 736 points of order against provisions in the bill, and ask for its immediate consider- as amended, are waived. The previous ques- Judiciary Committee members: Mr. ation. tion shall be considered as ordered on the NADLER, Mr. POE, as well as Mr. LAN- The Clerk read the resolution, as fol- bill, as amended, and on any further amend- GEVIN. We also heard from Mr. HILL and lows: ment thereto, to final passage without inter- Ms. WATERS on the Financial Services vening motion except: (1) one hour of debate H. RES. 736 bill. equally divided and controlled by the chair H.R. 620 received consideration by Resolved, That at any time after adoption and ranking minority member of the Com- of this resolution the Speaker may, pursuant the Judiciary Committee and enjoyed a mittee on Financial Services; (2) the further rigorous markup process. H.R. 3299 and to clause 2(b) of rule XVIII, declare the amendment printed in part C of the report of House resolved into the Committee of the H.R. 3978 were considered and reported the Committee on Rules, if offered by the by the Financial Services Committee. Whole House on the state of the Union for Member designated in the report, which shall consideration of the bill (H.R. 620) to amend be in order without intervention of any point The bills before us today address dif- the Americans with Disabilities Act of 1990 of order, shall be considered as read, shall be ferent topics on different segments of to promote compliance through education, separately debatable for the time specified in our economy and our Nation, but they to clarify the requirements for demand let- the report equally divided and controlled by have something in common. They are ters, to provide for a notice and cure period the proponent and an opponent, and shall not all pro-growth bills aimed at righting before the commencement of a private civil be subject to a demand for division of the wrongs, increasing common sense, and action, and for other purposes. The first question; and (2) one motion to recommit improving the way that the current reading of the bill shall be dispensed with. with or without instructions. All points of order against consideration of system works. SEC. 4. On any legislative day during the I am a cosponsor of H.R. 620, the ADA the bill are waived. General debate shall be period from February 16, 2018, through Feb- confined to the bill and shall not exceed one ruary 23, 2018— Education and Reform Act and, as a hour equally divided and controlled by the (a) the Journal of the proceedings of the member of the Judiciary Committee, chair and ranking minority member of the previous day shall be considered as approved; have had multiple occasions to talk Committee on the Judiciary. After general and and listen about this bill. It is spon- debate the bill shall be considered for (b) the Chair may at any time declare the sored by my good friend from Texas amendment under the five-minute rule. The House adjourned to meet at a date and time, (Mr. POE), and several of my friends bill shall be considered as read. All points of within the limits of clause 4, section 5, arti- from both sides of the aisle have co- order against provisions in the bill are cle I of the Constitution, to be announced by waived. No amendment to the bill shall be in the Chair in declaring the adjournment. sponsored this bill. order except those printed in part A of the SEC. 5. The Speaker may appoint Members Mr. Speaker, I have cosponsored this report of the Committee on Rules accom- to perform the duties of the Chair for the du- bill because I believe the Americans panying this resolution. Each such amend- ration of the period addressed by section 4 of with Disabilities Act is critical legisla- ment may be offered only in the order print- this resolution as though under clause 8(a) of tion. No individual should ever suffer ed in the report, may be offered only by a rule I. discrimination for any reason, and dis- Member designated in the report, shall be The SPEAKER pro tempore. The gen- abled individuals should have access to considered as read, shall be debatable for the tleman from Georgia is recognized for 1 businesses and other sites that provide time specified in the report equally divided hour. public accommodation. I am a former and controlled by the proponent and an op- ponent, shall not be subject to amendment, Mr. COLLINS of Georgia. Mr. Speak- small-business owner, so I speak from and shall not be subject to a demand for divi- er, for the purpose of debate only, I experience running businesses. sion of the question in the House or in the yield the customary 30 minutes to the Even more importantly, however, one Committee of the Whole. All points of order gentleman from Colorado (Mr. POLIS), of the main reasons I stand before you against such amendments are waived. At the pending which I yield myself such time on this issue and behind this bill is I conclusion of consideration of the bill for as I may consume. During consider- am the father of a strong, intelligent, amendment the Committee shall rise and re- ation of this resolution, all time yield- capable, and a little sassy daughter port the bill to the House with such amend- ed is for the purpose of debate only. named Jordan. Jordan is 26 years old ments as may have been adopted. The pre- and has spina bifida. Jordan has been vious question shall be considered as ordered GENERAL LEAVE on the bill and amendments thereto to final Mr. COLLINS of Georgia. Mr. Speak- in a wheelchair her entire life. Her first passage without intervening motion except er, I ask unanimous that all walk and first steps came in a little, one motion to recommit with or without in- Members have 5 legislative days to re- pink wheelchair. structions. vise and extend their remarks and in- Jordan makes this issue personal for SEC. 2. Upon adoption of this resolution it clude extraneous material on House me. Discrimination is unacceptable, shall be in order to consider in the House the Resolution 736, currently under consid- and it is also unacceptable for oppor- bill (H.R. 3299) to amend the Revised Stat- eration. tunists to build a cottage industry of utes, the Home Owners’ Loan Act, the Fed- serial litigation on the backs of the eral Credit Union Act, and the Federal De- The SPEAKER pro tempore. Is there posit Insurance Act to require the rate of in- objection to the request of the gen- disabled, especially when these drive- terest on certain loans remain unchanged tleman from Georgia? by lawsuits offer little to no discern- after transfer of the loan, and for other pur- There was no objection. ible benefit to disabled individuals. poses. All points of order against consider- Mr. COLLINS of Georgia. Mr. Speak- Mr. Speaker, my daughter Jordan ation of the bill are waived. The bill shall be er, I am pleased to bring forward this helps me understand the importance of

VerDate Sep 11 2014 01:37 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K14FE7.013 H14FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 14, 2018 CONGRESSIONAL RECORD — HOUSE H1137 access to public space and the danger But it is a reason that good actors who poena. The SEC has had a data breach, posed by lawsuits that exploit the dis- may need to update their accommoda- and the GAO has been critical of its cy- abled community instead of serving its tions should have a chance to do so. bersecurity. members. I believe that there are good Mr. Speaker, it is important to note I think Mr. DUFFY and Mr. HILL, actors genuinely seeking to increase that this bill has bipartisan support along with my colleague DAVID SCOTT access and call to task those who block and that the Rules Committee made in from Georgia, are right to recognize access to disabled individuals. Unfortu- order several amendments from Mem- that we shouldn’t be forcing SEC reg- nately, what we are seeing too often is bers on both sides of the aisle so that istered entities to hand over their bad actors intentionally exploiting the we can consider ideas to even further highly sensitive source code without law for their own financial gain. strengthen this legislation. I would ask due process protections. This legisla- When these bad actors, these serial that all Members listen to that amend- tion ensures normal processes can be litigants, clog up the courts by drive- ment debate because these amend- followed to access this information is by lawsuits geared not at solutions but ments do have an impact on this bill, needed, but prevents unnecessary dis- at profits, they take up time the courts and I would encourage them to be a closures of this intellectual property. could be using to address issues that part of that. Mr. Speaker, source code for security truly need remediation. They also un- H.R. 620 makes sense and focuses on and other financial entities is similar dermine the Americans with Disabil- fixing issues rather than spending to what the Coke recipe is to Coca- ities Act. The intent and purpose of the money on trials or, better yet, extort- Cola, or the doughnut recipe is to ADA is not to drum up lawsuits; it is to ing money from businesses with no Krispy Kreme. It is critical intellectual prevent discrimination, increase ac- thought of helping those with disabil- property that represents the backbone cess, and to protect those with disabil- ities. of a company. This bill makes clear ities. We also have a chance to consider that this sensitive and highly valuable Mr. Speaker, the disability commu- some other commonsense measures information doesn’t have to be simply nity, my daughter included, represents today with the two important Finan- handed over to the SEC with the hope some of the strongest people I know. cial Services bills also provided for by that the information remains secure. They have a voice, and they are power- this rule. H.R. 3978 includes numerous other ful. Today, we are here making sure H.R. 3299, the Protecting Consumers’ key provisions, including recognizing the law works better for them and that Access to Credit Act, was introduced unique needs of emerging growth com- it isn’t being exploited by those who by Mr. MCHENRY and Mr. MEEKS, and panies and tailoring regulatory bur- seek to undermine that law. reported by the Financial Services dens accordingly, and requiring the Today, small businesses face legal Committee with bipartisan support. CFPB—the Consumer Financial Pro- fees and complex technical jargon Similar language was included in the tection Bureau—to allow for more ac- when presented with an impediment to House-passed CHOICE Act last year. curate and clear calculations to be pro- access. Most businesses want to fix This legislation codifies the ‘‘valid- vided to consumers when they purchase such issues and would, but instead of when-made’’ doctrine, a longstanding lenders and owners title insurance poli- being able to make this issue right, legal principle that, if a loan is valid cies. they are forced into court before they when it is made with respect to its in- Mr. Speaker, today, you are seeing a have the chance to do so. In some ex- terest rate, then it does not become in- theme. You are seeing a rule that pro- amples of these serial lawsuits, the valid or unenforceable when assigned vides for numerous bills that make issues have not even been perceptible to another party. This bill is a response commonsense changes to the current to the human eye; in others, building to the 2015 decision by the Second Cir- system to spur growth and simply in- codes have changed—and yes, even the cuit Court of Appeals in Madden v. creases fairness. And you are seeing bi- ADA—yet business owners have been Midland, which appears to have ignored partisan bills, including bipartisan hauled into court before they have a the longstanding legal principle. amendments, that will be coming for- chance to respond or to fix the prob- The decision in the Madden case cre- ward on this in support of these bills. lem. ated instability and uncertainty in the H.R. 620 ensures businesses have the Mr. Speaker, I reserve the balance of secondary credit market, and restricts opportunity to fix any access issues my time. the availability of loans to borrowers, once they have been made aware of Mr. POLIS. Mr. Speaker, I yield my- particularly those with less access to them. It provides notice and a cure pe- self such time as I may consume. traditional lending sources. It has also riod and clarifies the requirements for Mr. Speaker, I thank the gentleman demand letters. It also provides train- led to regulatory uncertainty and fall- for yielding me the customary 30 min- ing for business owners and State and out for fintech lenders. My home State utes. Mr. Speaker, today, sadly, we find local governments so that they can of Georgia has an increasing presence ourselves considering legislation that better understand proper ADA compli- in fintech, and H.R. 3299 provides a leg- would actually make it easier for un- ance. islative fix that increases certainty The number of ADA title III lawsuits and supports economic opportunity. scrupulous payday lenders to actually has skyrocketed in recent years. Since Additionally, Mr. Speaker, we are skirt State interest rate caps and an- 2013, there has been a 132 percent in- here to discuss 3978, the TRID Improve- other bill that guts enforcement of the crease in the number of lawsuits in ment Act, which incorporates numer- Americans with Disabilities Act that Federal courts. H.R. 620 addresses this ous important provisions from several puts an unfair burden on people with problem in a smart way that maintains smart Financial Services bills. It was disabilities. the integrity, purpose, and key provi- introduced by Congressman HILL from These bills hurt the American people. sions of the Americans with Disabil- Arkansas, and takes steps to provide Instead of spending our time here de- ities Act while ensuring there is a important regulatory relief and make bating a very important immigration chance to fix access issues. capital markets more competitive and bill, like the Senate is doing across the This bill does not take away an indi- efficient. way, we are considering bills that will vidual’s right to sue for access. This Dodd-Frank led to an explosion of only harm our most vulnerable popu- bill does not overturn the ADA. It does regulations and requirements that ulti- lations. give business owners a chance to fix mately have squeezed access to capital, Over on the other side of the Capitol, ADA problems quickly. Some owners created hurdles to smaller market en- the Senate is having an open debate may not even actually realize they are trants, and imposed burdens on small about immigration in our country. not in compliance. Codes have changed, businesses, startups, and investors. This House owes the American people and there are literally hundreds of One especially critical provision is no less. The Senate is trying to find so- pages of compliance. H.R. 3978, the language authored by Mr. lutions to help the hundreds of thou- DUFFY from Wisconsin. This provision sands of DACA recipients, to improve b 1230 prohibits the SEC from compelling the border security, or to address family That, however, is not an excuse for production of source code or similar in- reunification. The Senate is debating willful noncompliance. Far from it. tellectual property without a sub- different proposals from both sides of

VerDate Sep 11 2014 01:37 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K14FE7.015 H14FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H1138 CONGRESSIONAL RECORD — HOUSE February 14, 2018 the aisle. We will see what they come Specifically, the bill makes it easier for usury caps.’’ ’ In fact, the Colorado Attorney up with. payday lenders and other nonbanks to use General is in the midst of challenging online Again, this House is simply not doing rent-a-bank arrangements to ignore state in- lenders’ use of a rent-a-bank scheme to make its job. This House is doing nothing to terest rate caps and make high-rate loans. loans in violation of the state’s usury limits. The bill overrides the Second Circuit’s Mad- This bill aims to thwart actions like these improve border security, nothing to ad- den v. Midland decision, which held that a that seek to enforce state laws. dress the DACA recipients or family re- debt buyer purchasing debts originated by a The potential costs and damage to con- unification. Over here, there is not national bank could not benefit from the Na- sumers are significant. In about 34 states, a even a plan to bring any immigration tional Bank Act’s preemption of state inter- $2,000 loan, 2-year installment loan at an bill or amendment to the floor. In fact, est rate caps. The Madden decision did not APR exceeding 36% would be illegal. This there is no commitment at all to actu- limit the interest rates that banks may bill risks making high-cost loans permissible ally address the issues that the Amer- charge on credit cards and other forms of across the country. The bill also could poten- credit, but it does limit nonbanks from evad- tially expand short-term payday lending to ican people care about. We have bipar- ing state interest rate caps. Reversing the the 15 states plus the District of Colombia tisan bills today that Speaker RYAN Second Circuit’s decision, as this bill seeks whose state interest rate limits currently could bring to the floor. They would to do, would make it easier for payday lend- save borrowers over $2.2 billion annually in pass with probably 70 or 60 percent of ers, debt buyers, online lenders, fintech com- payday loan fees. the vote. panies, and other companies to use ‘‘rent-a- Fintech lenders also should not be allowed Mr. Speaker, the March 5 deadline for bank’’ arrangements to charge high rates on to make loans that exceed state interest rate DACA protections is rapidly approach- loans. caps. State interest rate caps have not im- ing. There is no plan in place to protect The bill provides that ‘‘a loan that is valid pacted responsible marketplace loans. The when made as to its maximum rate of inter- leading marketplace lenders do not make Dreamers like Anareli, Marcos, and est . . . shall remain valid with respect to loans above 36% and the vast majority of Javier in my district. Instead, over such rate regardless of whether the loan is their loans are well below that rate, com- 800,000 young adults are trying to see subsequently sold, assigned, or otherwise fortably within state interest rate caps. But what happens next, hoping that the transferred to a third party, and may be en- the mere fact that a lender uses the label court system intervenes, hoping that forced by such third party notwithstanding ‘‘fintech’’ or ‘‘martketplace lender’’ does not somebody somewhere does something any State law to the contrary.’’ In other ensure that it is a safe or affordable loan. so they can continue to live and work words, if a bank originates a loan that ex- For example, OnDeck, a lender focused on legally in the only country that they ceeds state interest rate caps, and then sells small business lending, offers term loans up or assigns the loan to a nonbank, that to 99%. know, the country that they call home, nonbank can continue to charge a usurious Moreover, many marketplace lenders make the United States of America. rate. very large loans of $30,000 to $50,000 or high- I have offered the Dream Act as an This bill could open the floodgates to a er, and even 36% is a very high rate for such amendment to every spending bill that wide range of predatory actors to make loans loans. Many states have tiered rate struc- has come through the Rules Com- at 300% annual interest or higher. The bill tures in recognition that interest becomes mittee. I will continue to do so until could bless arrangements such as the part- more unaffordable the larger the loan. Iowa, we finally get it done. nership between the payday lender Elevate for example, caps interest at 21% for loans But, again, instead of bringing up a and Republic Bank, through which Elevate is over $10,000. There are also signs that some online lend- bill to help protect Dreamers before making high-cost loans that exceed state in- terest rate caps. Through its Elastic , ers may not be appropriately underwriting the self-Trump-imposed March 5 dead- Elevate offers purportedly open-end loans in their loans to ensure that the loans are af- line, the House will consider legisla- 39 states and the District of Columbia. fordable, and that many borrowers may not tion that undermines the civil rights of Elevate does not disclose an APR, but a have the ability to repay, especially, if the disabled Americans, and it also makes $380 advance repaid with monthly minimum economy sours. Recent news reports and SEC it easier for predatory lenders to evade payments would cost $480 to repay over five filings show that delinquency and charge-off consumer protection laws. And people months. Including all fees, the annual rate rates at these marketplace lenders are ris- wonder why the House of Representa- for this extension of credit is about 100%, ing. One online lender apparently failed to which is nearly three times the 36% legal in- verify a borrower’s income for a full two- tives is as unpopular as it is. terest rate approved by voters in Montana, thirds of its loans in 2016. Another lender has H.R. 3299, the Protecting Consumers’ one of the states where the lines of credit are had so many of its loans fail, that it has had Access to Credit Act is a bill that hurts offered. Through its Rise brand, Elevate also to repay investors for their losses in the last consumers. It is one that makes it easi- makes closed-end loans at rates up to 365% three securitizations of the loans it bundled er for payday lenders to evade well- in states where those rates are permitted, up and sold to Wall Street. thought-out State-level protection and it could attempt to expand to other This bill would weaken lenders’ incentive laws. states. to underwrite properly by making it easier That is why over 200 national and Enova, dba NetCredit, also offers high-cost to make high-rate loans. High interest rates result in misaligned incentives that can lead State organizations have written in op- installment loans in a number of states through a rent-a-bank partnership. Enova, to lender profits but borrower catastrophe. position to this bill, which they fear like Elevate, relies on Republic Bank and Skewed incentives are already a problem in would open the floodgates for preda- Trust to facilitate this scheme. the marketplace loan industry. Moody’s tory lending with interest rates as high Other payday lenders have regularly at- credit-rating firms liken this industry to as 300 percent. Additionally, 20 State tempted to avoid state usury caps through mortgage lending in the years leading up to attorneys general have also written in rent-a-bank arrangements. For example, the 2008 financial crisis—‘‘because the com- opposition. CashCall has attempted to partner with panies that market the loans and approve Mr. Speaker, I include in the RECORD banks to make usurious loans in several them quickly sell them off to investors,’’ re- these two letters. states. Courts have struck down those ar- lieving themselves of the risk of the loan rangements, finding that CashCall had to later going bad. This bill could make that NOVEMBER 29, 2017. comply with state interest rate caps. The problem worse. Re Oppose H.R. 3299 (McHenry) and S. 1642 bill could undermine these decisions, by stat- The bill is not necessary to ensure access (Warner), Protecting Consumers’ Access ing that a loan’s interest rate remains valid to affordable credit. Proponents of this bill to Credit Act of 2017. even if a loan is transferred or assigned to a claim that the Madden decision has had an DEAR MEMBERS OF CONGRESS: The under- third party and ‘‘may be enforced by such adverse impact on access to credit. They signed 202 national and state organizations third party notwithstanding any State law point to a study that showed a drop in mar- write in strong opposition to H.R. 3299 to the contrary.’’ This could allow high-rate ketplace lending by three lenders in the Sec- (McHenry) and S. 1642 (Warner), the Pro- lenders to use banks to originate and then ond Circuit after the Madden decision for tecting Consumers’ Access to Credit Act of immediately transfer usurious loans. subprime borrowers, especially for those 2017. The primary impact of this bill will be This bill is a massive attack on state con- with FICO scores below 644. However, the nonbank lenders to make high-cost sumer protection laws. In a letter by 20 study showed that these lenders offered only loans that exceed state interest rate limits State Attorneys General opposing provisions miniscule amounts of credit in the low FICO by using a bank to originate the loan. The in another bill that would have overturned range even before the Madden decision. Thus, bill poses a serious risk of enabling preda- the Madden decision, the state law enforce- the impact on access to credit was trivial. tory lending and unsafe lending practices. ment officers warned that the bill ‘‘would re- Moreover, it is likely that the credit ex- Unaffordable loans have devastating con- strict states’ abilities to enforce interest tended before the decision at the lower end sequences for borrowers—trapping them in a rate caps. It is essential to preserve the abil- of the FICO spectrum was made to borrowers cycle of unaffordable payments and leading ity of individual states to enforce their exist- who had trouble repaying, and that lenders to harms such as greater delinquency on ing usury caps and oppose any measures to were relying on high interest rates on large other bills. enact a federal law that would preempt state loans to compensate for high default rates.

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The bill wipes away the strongest available IDA and Asset Building Collaborative of STATE OF NEW YORK, tool against predatory lending practices. NC; Illinois People’s Action; Illinois PIRG; OFFICE OF THE ATTORNEY GENERAL, Strong state rate caps, coupled with effec- Indiana Assets & Opportunity Network; Indi- June 7, 2017. tive enforcement by states, remain the sim- ana Institute for Working Families; Indiana Re The Financial CHOICE Act of 2017 (H.R. plest and most effective method to protect PIRG; Innovative Systems Group; Iowa 10). consumers from the predatory lending debt PIRG; Jesuit Social Research Institute at Hon. PAUL RYAN, trap. Contrary to what lenders often claim, Loyola University New Orleans; Just Har- Speaker, House of Representatives, robust state loan laws do not drive people to vest; Equal Justice Center; La Washington, DC. find loans online. In fact, illegal online lend- Casa de Don Pedro; Legal Aid Justice Center Hon. NANCY PELOSI, ing is more prevalent in states that do not (); Legal Aid Society of Milwaukee; Minority Leader, House of Representatives, effectively regulate predatory lending than Legal Services of Southern Piedmont; Long Washington, DC. it is in states that enforce state interest rate Island Housing Services, Inc.; Louisiana Hon. KEVIN MCCARTHY, caps. Budget Project; Lutheran Episcopal Advo- Accordingly, we urge you to reject this Majority Leader, House of Representatives, cacy Ministry NJ; Lutheran Advocacy Min- Washington, DC. bill. For more information, contact Lauren istry—New Mexico; Maine Center for Eco- Saunders at [email protected] or Scott Hon. STENY HOYER, nomic Policy; Maryland Consumer Rights Astrada at Minority Whip, House of Representatives, Coalition; Maryland PIRG; MASSPIRG; Met- [email protected]. Washington, DC. ropolitan Milwaukee Fair Housing Council. Action NC; Albany Center for Economic DEAR SPEAKER RYAN, MAJORITY LEADER Success, Inc.; Allied Progress; Americans for MICAH; Mobilization for Justice, Inc.; MCCARTHY, MINORITY LEADER PELOSI, AND Financial Reform; Arbor Farm Press; Ari- Montana Organizing Project; Montebello MINORITY WHIP HOYER: On behalf of the un- zona Community Action Association; Ari- Housing Development Corporation; MoPIRG; dersigned State Attorneys General and the zona PIRG; Arkansans Against Abusive Pay- Mountain State Justice; NAACP; NAOMI; Executive Director of the Office of Consumer day Lending; Ashe County Habitat for Hu- National Association of Consumer Advo- Protection for the State of Hawaii (the manity; Asheville Area Habitat for Human- cates; National Association of Social Work- ‘‘States’’), we write to express our strong op- ity; Baker Organizing School South.; Balti- ers West Virginia Chapter; National Con- position to H.R. 10 (the ‘‘Act’’), which we un- more Neighborhoods, Inc; Billings First Con- sumer Law Center (on behalf of its low-in- derstand the full House of Representatives gregational Church; Brazos Valley Afford- come clients); National Rural Social Work intends to vote on this week. The proposed able Housing Corp.; Bucks County Women’s Caucus; Native Community Finance; Act will eliminate many of the critical con- Advocacy Coalition; Business Outreach Cen- NCPIRG; New Economics for Women; New sumer protections implemented as a result ter Network, Inc.; California Reinvestment Economy Project; New Jersey Appleseed of the Dodd-Frank Wall Street Reform and Coalition; CALPIRG; Capital Good Fund; Public Interest Law Center; New Jersey Cit- Consumer Protection Act (‘‘Dodd-Frank’’) in CARECEN–Central American Resource Cen- izen Action; New Jersey Tenants Organiza- the wake of, and in response to, the financial ter. tion; New Mexico Fair Lending Coalition; crisis. As the chief consumer protection offi- Carolina Behavioral Health Alliance; Caro- NHPIRG; NJPIRG; North Carolina A. Philip cers in each of our respective States, we lina Jews for Justice; CASH Campaign of Randolph Institute, Inc. write to call your particular attention to Maryland; Catalyst Miami; Catholic Char- those portions of the Act that would effec- ities of Southern New Mexico; CCCS of WNC, North Carolina Assets Alliance; North Inc. DBA OnTrack Financial Education & Carolina Council of Churches; North Caro- tively eviscerate the role of the Consumer Counseling; Cedar Grove Institute for Sus- lina Housing Coalition; North Carolina Insti- Financial Protection Bureau (‘‘CFPB’’), the tainable Communities; Center for Economic tute of Minority Economic Development; only independent federal agency exclusively Integrity; Center for Economic Integrity— North Carolina Justice Center; North Caro- focused on consumer financial protection. New Mexico Office; Center for Financial So- lina PIRG; North Carolina Rural Center; While the Act purports to protect consumers cial Work; Center for Global Policy Solu- North Carolina State AFL–CIO; North Caro- from over-regulation by federal agencies, its tions; Center for Responsible Lending; CEO lina United Methodist Conference; North Da- far-reaching consequences would make con- Pipe Organs/Golden Ponds Farm; Children kota Economic Security and Prosperity Alli- sumers more vulnerable to fraud and abuse First/Communities In Schools of Buncombe ance; OhioPIRG; Oklahoma Policy Institute; in the marketplace. The undersigned States County; Church Women United in North Oregon PIRG; PennPIRG; Pennsylvania support the work of the CFPB and oppose Carolina; Clarifi; CO PIRG; Coalition on Council of Churches; Pennsylvania Military any effort to curtail its authority. While we Homelessness and Housing in Ohio; College Officers Association of America; Pennsyl- find numerous provisions of the Act to be ob- Park: An American Baptist Church; Colorado vania War Veterans Council; People’s Action jectionable, we write to highlight certain Center on Law & Policy; Communications Institute; Unemployment provisions that would significantly impact Workers of America (CWA). Project; Piedmont Housing Alliance (Vir- consumer protection — a core function of Community Capital New York; Community ginia); PIRG in Michigan; Power New Mex- our States. Council of Metropolitan Atlanta; Commu- ico. I. BACKGROUND nity Economic Development Association of Prince George’s CASH Campaign; Pros- MI (CEDAM); Community Loan Fund of the perity Indiana; Prosperity Works; Public Our States’ work to protect consumers Capital Region Inc.; Connecticut Association Justice; Public Justice Center; Public Law from unscrupulous marketplace actors and for Human Services; Connecticut Legal Serv- Center; Reinvestment Partners; Rural Dy- practices is greatly enhanced when the fed- ices, Inc.; ConnPIRG; Consumer Action; Con- namics, Inc.; Safety MD LLC; Samaritan eral government serves as an effective part- sumer Federation of America; Consumers Ministries; Sisters of Charity of Nazareth ner. In the years leading up to the global fi- Union; Covenant House of WV; Credit and Congregational Leadership; Sisters of Char- nancial crisis, residents of our States suf- Homeownership Empowerment Services Inc ity of Nazareth Western Province Leader- fered the consequences of a federal govern- (CHES, Inc.); Credit Counseling Agencies of ship; Sisters of Mercy South Central Com- ment that failed to fulfill its basic obliga- NC; Creighton College Democrats; Davidson munity; Southern Poverty Law Center; tions to U.S. consumers to prevent fraud and Housing Coalition; Demos; Disability Rights Statewide Poverty Action Network; Step Up misconduct by mortgage providers, North Carolina; Durham Regional Financial Savannah; Tabor Community Services; Ten- servicers, and other financial firms. Families Center; East LA Community Corporation; nessee Citizen Action; Texas Appleseed; nationwide suffered dire financial con- Ecumenical Poverty Initiative; Empire Jus- TexPIRG; The AMOS Project; The Bell Pol- sequences as a result of lax federal oversight tice Center. icy Center; The Episcopal Diocese of North and inaction. Faith in Action Alabama; Faith in Texas; Carolina; The Midas Collaborative; The One Fayetteville Area Habitat for Humanity; Since its inception, the CFPB has emerged Less Foundation. Federation of Democratic Women DAC; Fi- as the independent federal consumer watch- nancial Pathways of the Piedmont; Florida Tuscaloosa Citizens Against Predatory dog the nation has long needed, and as a key Alliance for Consumer Protection; Florida Practices; Tzedek DC; U.S. PIRG; Unitarian partner in critically important consumer Alliance for Retired Americans; Florida Con- Universalist Pennsylvania Legislative Advo- protection work undertaken by our States sumer Action Network; Florida PIRG; Fons cacy Network; UNITE HERE; United for a and by State Attorneys General across the Law Office, representing consumers; Georgia Fair Economy; University of Wisconsin Law country. The exceptional record of the CFPB PIRG; Georgia Watch; Gowen Consulting; School, Consumer Law Clinic; Virginia Citi- speaks for itself. As of January 1, 2017, the Greater Ward’s Corner Area Business Asso- zens Consumer Council; Virginia Interfaith CFPB has handled over one million con- ciation (Virginia); Habitat for Humanity of Center for Public Policy; Virginia Orga- sumer complaints, and obtained $11.8 billion Catawba Valley, Inc.; Habitat for Humanity nizing; Virginia Poverty Law Center; Vir- in relief for 29 million consumers. The CFPB of Davie County; Habitat for Humanity of ginians Against Payday Lending; VOICE has taken enforcement actions to stem Greater Greensboro; Habitat for Humanity of Oklahoma City; WASHPIRG; Watauga Coun- abuses by student loan originators and North Carolina; Heartland Alliance for ty Habitat for Humanity; WESST; West Vir- servicers, for-profit schools, debt collectors, Human Needs & Human Rights; Hispanic ginia Center on Budget and Policy; West Vir- credit reporting agencies, payday lenders, Baptist of Texas; Hispanic Fed- ginia Citizen Action Group; WISDOM; and foreclosure ‘‘rescue’’ companies, among eration; HomesteadCS; Housing Consultants WISPIRG; Women AdvaNCe; Woodstock In- others. Among its more recent, significant Group. stitute; WV Citizen Action Group. enforcement actions have been cases against

VerDate Sep 11 2014 01:37 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\A14FE7.012 H14FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H1140 CONGRESSIONAL RECORD — HOUSE February 14, 2018 mortgage servicer Ocwen Financial Corpora- dustry, where consumers, risk the loss of formation or assistance, please do not hesi- tion for widespread mortgage servicing fail- their vehicle (with the corresponding loss in tate to contact us. ures, including improperly calculating bal- mobility) if they find themselves unable to Respectfully submitted, ances, misapplying payments, and failing to repay their loans. The Act will strip the Eric T. Schneiderman, New York Attor- investigate consumer complaints, student CFPB of all authority in these areas, includ- ney General; loan servicer Navient for student loan serv- ing its enforcement authority and the ability Xavier Becerra, California Attorney Gen- icing abuses, including failing to notify to adopt sensible and common sense rules to eral; struggling borrowers of their eligibility for prevent consumers from falling into debt George Jepsen, Connecticut Attorney income-based repayment plans and steering traps that are often the result of payday and General; such borrowers into more costly forbearance vehicle title loans. Matthew Denn, Delaware Attorney Gen- plans—and Wells Fargo bank for its wide- eral; D. THE ACT WOULD PERMIT THIRD PARTY DEBT spread practice of opening unauthorized Karl A. Racine, Attorney General for the COLLECTORS TO CHARGE USURIOUS INTEREST bank and credit card accounts for con- District of Columbia; RATES sumers. In addition, as part of its statutory Douglas S. Chin, Hawaii Attorney Gen- mandate, the CFPB has conducted thorough Section 581 of the Act would restrict eral; and nuanced studies of complex financial states’ abilities to enforce interest rate caps. Stephen H. Levins, Executive Director, issues that impact consumers and has issued Currently, there are no federal interest rate Hawaii Office of Consumer Protection; rules intended to protect consumers in a caps that cover financial products and serv- Lisa Madigan, Illinois Attorney General; thoughtful, consensus-driven manner. ices offered by national banks. Rather, na- Tom Miller, Iowa Attorney General; II. THE DEVASTATING EFFECTS OF THE ACT ON tional banks are permitted to export the in- Janet T. Mills, Maine Attorney General; CONSUMER PROTECTION terest rate of their home state and disregard Brian E. Frosh, Maryland Attorney Gen- the more stringent interest rates of other The Act would effectively cripple the eral; states in which they do business. Section 581 CFPB from doing the job it has been doing so Maura Healey Attorney of the Act would add language to four federal effectively since its inception. General; statutes to provide that, when a national Lori Swanson, Minnesota Attorney Gen- A. THE ACT WOULD ELIMINATE THE CFPB’S bank sells or assigns debt covered by the Na- eral; RULEMAKING AND ENFORCEMENT AUTHORITY tional Bank Act, the buyer or assignee has Jim Hood, Mississippi Attorney General; OVER UNFAIR, DECEPTIVE, AND ABUSIVE ACTS the right to collect that same interest rate, Josh Stein, North Carolina Attorney AND PRACTICES regardless of the law of the state where the General; Section 736 of the Act would eliminate the buyer or assignee is located. This would Ellen F. Rosenblum, Oregon Attorney CFPB’s authority to prohibit unfair, decep- make it more difficult to ensure that debt General; tive, and abusive acts and practices buyers, online lenders, fintech companies, Josh Shapiro, Pennsylvania Attorney (‘‘UDAAP’’). The CFPB’s authority to pro- and rent-a-bank schemes comply with state General; hibit entities it supervises from engaging in interest rate caps. It is essential to preserve Peter F. Kilmartin, Rhode Island Attor- UDAAP violations has been the basis for the ability of individual states to enforce ney General; many of the CFPB’s most significant en- their existing usury caps and oppose any T.J. Donovan, Vermont Attorney Gen- forcement actions, including the Ocwen, measures to enact a federal law that would eral; Navient, and Wells Fargo matters discussed preempt state usury caps. Mark R. Herring, Virginia Attorney Gen- above. In addition, several of the under- eral; signed States have jointly filed cases with E. THE ACT WOULD ELIMINATE THE CFPB RULE- MAKING AUTHORITY REGARDING MANDATORY Bob Ferguson, Washington State Attor- the CFPB against businesses and individuals ney General. engaged in unfair, deceptive, or abusive prac- ARBITRATION tices. UDAAP authority gives the CFPB the Section 738 of the Act would repeal the Mr. POLIS. Mr. Speaker, States can, flexibility to respond swiftly to new tech- provision of Dodd-Frank that granted the and do, like my own State of Colorado, nologies and practices that harm consumers, CFPB authority to study and issue rules re- put limitations on the interest rates of without the need to wait for legislation ex- garding arbitration in financial services con- installment loans issued by nonbanks. pressly addressing a given practice. tracts. Dodd-Frank expressly authorized the Banks, on the other hand, have the pre- B. THE ACT WOULD ELIMINATE THE CFPB’SSU- CFPB to study arbitration provisions in fi- emption of State interest rate caps PERVISION AND ENFORCEMENT AUTHORITY nancial services contracts, and to issue regu- through the National Bank Act. lations prohibiting or restricting such provi- OVER LARGE BANKS So in order to get around State inter- Section 727 of the Act would similarly sions if the CFPB concluded that doing so would be ‘‘in the public interest and for the est rate caps, payday lenders often use eliminate the CFPB’s supervision and en- a bank to originate a loan at a higher forcement authority over large banks and protection of consumers.’’ After a thorough permit financial institutions that meet cer- review, the CFPB concluded that tens of mil- interest rate, but the nonbank designs tain criteria to elect to be exempted from lions of Americans use financial products or the loan, provides the funding for the the CFPB’s supervisory authority. This pro- services subject to mandatory arbitration loan, services the loan, and guarantees vision is concerning in a number of ways, not clauses that prohibit proceeding on a class any losses the bank incurs. In all but the least of which is that it is through the basis and that the effect of such provisions is in name, it is the nonbank entity that to prevent consumers from seeking redress, supervision process that the CFPB often is the loaning entity. Essentially, the learns of systemic issues in the companies particularly for small dollar claims. Elimi- nation of the CFPB’s authority in this area payday lender is the de facto lender and industries it regulates. The CFPB is the and the bank is simply a nominal par- only federal agency that has been conducting can only operate to the detriment of con- consumer protection reviews as the focus of sumers. ticipant to evade regulations. These their supervisory authority (rather than F. THE ACT WOULD REDUCE TRANSPARENCY AND are referred to as ‘‘rent-a-charter’’ safety and soundness), which is important DEPRIVE CONSUMERS OF A VALUABLE SOURCE schemes, and they are not new. for the reasons previously discussed. In addi- OF INFORMATION In the early 2000s, Federal banking tion, many of the CFPB’s enforcement ac- Finally, the Act would end the CFPB’s cur- regulators shut down several of these tions have been against the large banks. rent practice of publicly posting information arrangements between national banks C. THE ACT WOULD ELIMINATE THE CFPB’SAU- concerning individual consumer complaints and nonbank lenders. In 2014, the OCC THORITY TO REGULATE PAYDAY AND VEHICLE in a searchable database. This information made it clear that banks may not rent TITLE LOANS helps consumers make informed decisions out their charters to third parties. Section 733 of the Act expressly prohibits about the companies with which they choose Right now, our Federal banking regula- the CFPB from engaging in any rulemaking to do business, and increases transparency in or enforcement with respect to payday and tions are able to contain these the marketplace. Eliminating the release of schemes, but this legislation would un- vehicle title loans. Payday lending, as the this information provides no benefit to con- CFPB’s own extensive research has docu- sumers, but only to companies whose prac- dermine our ability to stop abusive and mented, has adversely affected the lives of tices generate repeated complaints. predatory practices. millions of financially vulnerable consumers States are leading the effort to stop III. CONCLUSION across the country. The CFPB has been at abusive lending practices. In my home the forefront of curbing abuses in the payday For these and other reasons, the under- State of Colorado, there is actually a lending industry and has supplemented state signed States urge you to support robust and lawsuit challenging this very scheme. enforcement by taking enforcement actions engaged consumer protection in the finan- And now that the new Director of the against payday and other lenders that are cial services industry by voting against the attempting to collect on loans that are void Act. A rollback of these significant post-fi- Consumer Financial Protection Bureau under state law. The CFPB has been simi- nancial crisis rules and regulations would has delayed a final rule that would larly aggressive in uncovering and con- substantially harm consumers and the public have helped protect borrowers, it is ac- fronting abuses in the vehicle title loan in- in general. If we can provide any further in- tually up to the States to help protect

VerDate Sep 11 2014 03:24 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\A14FE7.014 H14FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 14, 2018 CONGRESSIONAL RECORD — HOUSE H1141 consumers, and this bill would make it We are celebrating the Americans Who has time to wait several years harder. This bill would cripple States’, with Disabilities Act that was signed to access a building that you need to be like Colorado’s, efforts to stop preda- into law 28 years ago to really allow in because of your job? tory lending from preying on their citi- Americans with disabilities to have It simply doesn’t make sense. That zens. every kind of opportunity that every- means that people with disabilities will The Republican assault on States’ body else does, free from discrimina- wait weeks, months, or years just to rights has gone from bad to worse. This tion in the workplace, schools, and gain the access that is required under is yet another part of the big govern- transportation. It was a landmark bi- law. ment Republican war on consumers partisan effort. For businesses, there is simply no in- across the country preempting States’ Title III of the Americans with Dis- centive to adhere to ADA guidelines. rights for Washington, D.C., control. abilities Act prohibits places of public All of this combined harms disabled It seems the Republicans want to accommodation from discriminating Americans and weakens the legal pro- control everything from Washington. against individuals with disabilities tections that, for decades, Republicans That is why we need to make sure that and sets a minimum reasonable stand- and Democrats have been proud of in our States are empowered to have the ard for accessibility, which has been the Americans with Disabilities Act. ability they need to protect consumers the law of our land for three decades. Mr. Speaker, I reserve the balance of and protect our law. H.R. 620 would make it more difficult my time. Lately, there has been an increased for people with disabilities to have The SPEAKER pro tempore (Mr. focus on fintech companies and how their rights guaranteed under the DUNCAN of Tennessee). Members are re- they can help serve the unbanked or Americans with Disabilities Act. Under minded to refrain from engaging in underbanked. And I agree. I am a big this bill, instead of requiring the public personalities toward the President. supporter of financial innovation and establishment to comply with the Mr. COLLINS of Georgia. Mr. Speak- promote financial inclusion, but we ADA, the burden should shift to the er, there are a lot of things that we can can’t do that at the expense of con- victim of the discrimination to prove a agree or disagree on here, but one of sumers or at the very high cost of put- violation has occurred. You are forcing the things, from my position, espe- ting consumers into cycles of debt, disabled Americans to go around with cially with a daughter who has a handi- which ends badly. clipboards and inspector goggles, rath- cap—this is not an insult to disabil- Why are we considering legislation er than forcing businesses to comply. It ities. It is actually keeping them from that would put all of the power in is simply not fair. being abused and used by folks who Washington, D.C., and take away It has been nearly three decades don’t even have a disability suing and State-level protections for consumers? since the Americans with Disabilities asking for money and not really caring Instead, we should be finding ways to Act was signed into law. All title III of if the issue gets fixed or not. increase access to affordable credit, the ADA requires is that businesses At the end of the day, which would make it easier for consumers to access make their facilities accessible to the somebody rather have: a person in a the financial services that meet their extent that it is readily achievable—a wheelchair have something fixed, or needs, rather than trying to force a Re- very reasonable burden under the law. have someone pay an attorney off so publican Washington solution on all of Businesses have flourished over the the States across our country. last three decades and we have had that they can make some money? We are considering this bill under a continued economic growth. Let’s at least put this in context of closed rule. There is only one amend- I have heard from so many of my what it truly is. ment filed to this bill, and it is not constituents about this bill, including Mr. Speaker, I am happy to yield even allowed to be debated about, no Cari Brown, a systems advocacy spe- such time as he may consume to the less voted on. cialist with the Arc of Larimer County, gentleman from California (Mr. Now, I want to talk about the other serving disabled residents. She said: ROYCE). bill under this rule. H.R. 3978, the TRID ‘‘The standards set forth in the ADA b 1245 Improvement Act, is actually a pack- are designed to ensure that people with Mr. ROYCE of California. Mr. Speak- age of several bills that came out of disabilities can access basic public ac- the House Financial Services Com- er, I am rising in strong support of the commodations. Requiring people with rule on the underlying bill. mittee, some which are more con- disabilities to file a complaint to en- troversial than others. Title I of the Included in this package of bills be- force compliance of a 28-year-old law is fore us today is the National Securities package, the TRID Improvement Act, a step backwards.’’ Exchange Regulatory Parity Act. This was reported out by a 53–5 vote, and all I think this is a Republican plan to is a bipartisan bill, and it is to ensure the Republicans and Democrats sup- turn everybody with disabilities into ported Title V of the package, Elimi- an attorney, because that is what they that future regulation can keep pace nating Barriers to Jobs for Loan Origi- are going to need to be to be able to as- with—and not stifle—innovation in our nators. sert the rights that they already have equity markets. I support Title II, the Protection of under the law. The SEC’s interpretation of the cur- Source Code Act, that is being included There is significant, if not universal, rent law has created a two-tiered play- in this package. I also support Rep- opposition to H.R. 620 from health and ing field by giving unintended pref- resentative FOSTER’s amendment to disabilities advocacy groups, including, erential treatment to three named ex- that title, which would provide addi- but not limited to: Disability Rights changes. Now, one of those three no tional clarification to the subpoena re- Education and Defense Fund, Epilepsy longer exists. quirement and would only apply to the Foundation, The Bazelon Center, the Enactment of the National Securities source for algorithmic trading. National Council on Disabilities, the Exchange Parity Act would strike ref- The problem is that it takes several American Association of People with erences to particular stock exchanges bills that have broad bipartisan sup- Disabilities, and the Consortium for in the 1933 Securities Act, and the bill port and combines them with other Citizens with Disabilities. would make it clear that the blue sky bills that should be considered sepa- We knew, Mr. Speaker, that this exemption from State-by-State reg- rately, which is forcing Democrats and President has mocked and taken on istration is extended to all national se- Republicans to weigh the package as a Americans with disabilities, but I curities exchanges registered with the whole. We simply can’t know the rami- frankly thought it was above the Re- SEC. fications of considering all these bills publicans in Congress to join President So why is that particular exemption at the same time, especially when they Trump in assaulting the rights of those important? If you were to ask anyone haven’t had hearings on the individual with disabilities. from Massachusetts, for example, who components. H.R. 620 will not allow people with tried to invest in Apple during its IPO, Finally, H.R. 620, the ADA Education disabilities to immediately file ADA State regulators banned the stock for and Reform Act, is, in many ways, the violations, essentially denying access being ‘‘too risky’’ under rules ‘‘aimed most damaging bill that is discussed to buildings due to a lengthy legal at weeding out highfliers that didn’t under this rule. process. have solid earnings foundations.’’

VerDate Sep 11 2014 01:37 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K14FE7.018 H14FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H1142 CONGRESSIONAL RECORD — HOUSE February 14, 2018 Today, Apple is up 43,000 percent and is does not allow people to sue for com- biggest financial institutions, our most flirting with a $1 trillion market cap. pensatory or punitive damages, only complex financial institutions, compa- The bill before us today increases the injunctive relief, meaning that they nies like those headquartered up in number of securities that will not be solve the problem. New York. He just felt compelled to forced to register on a State-by-State H.R. 620 does nothing to address the exit the business and leave that town, basis, while maintaining important in- problem happening at the State level, leave the local board of directors, the vestor protections. nor does it target immoral lawyers. In- local management team, and turn it The SEC is and will remain the pri- stead, it sacrifices the rights of mil- over to an out-of-State company. mary enforcement agency of securities lions by reducing the impact and pro- Crossett, Arkansas, is a fine town, fraud. This bill in no way impacts the tections of the ADA which so many and it deserves a good banking pres- SEC’s oversight or enforcement au- have come to depend on. It does so by ence by a number of competitors, home thority. The SEC must also still ap- creating a ‘‘notice and cure’’ regime, as to Georgia-Pacific and all of their ac- prove individual exchange listing it is called, that will create an obvious tivities there. standards; they simply won’t be al- disincentive for ADA compliance. Mr. Speaker, these bills are, as I say, lowed to preset the standards. The idea that addressing architec- bipartisan, and they are needed across State-by-State securities registra- tural barriers with a written notice this country. Let me just touch on a tion not only potentially locks out in- that gives 60 days to acknowledge re- few of them. vestors from promising opportunities ceipt of a complaint and then 120 days The ones that I think provide the like Apple, but it can have significant to demonstrate ‘‘substantial progress’’ most benefit to community bankers negative economic consequences by in the removal of an obstruction ig- and businesses and customers of those chilling public offerings and, obviously, nores the tenets of the ADA that sup- local banks are, first of all, Mr. STIV- innovation. port an indisputable right to inclusion ERS’ bill, which eliminates a barrier, a The National Securities Exchange and respect; and it tells people with well-intended licensing provision if you Parity Act encourages new exchanges disabilities that we are not worthy of wanted to make mortgage loans after to become listing venues and a source inclusion until someone is caught, and the ’08 crisis. Congress thought it was a good idea of capital for companies looking to go even then, a remedy is not guaranteed. public, to expand, and to hire more Mr. Speaker, I am grateful that the to make sure that mortgage lenders were qualified, so they made them get workers. Rules Committee chose to make in a license. We can debate whether that The bill is identical to language in- order the bipartisan amendment that I was too much work or not or whether cluded in the larger regulatory reform will offer with my colleague and co- it was worthwhile or not. They made package already passed by the Senate chair of the Bipartisan Disabilities bankers get it and nonbanks. Banking Committee, and I urge my col- Caucus, Representative GREGG HARPER; But in this bill, Mr. STIVERS simply leagues on both sides of the aisle to but, to be frank, this bill should never says, if you are going to try to change support this commonsense, technical have been reported out of the Judiciary jobs and you hold a mortgage license, fix. It is good for market . Committee in the first place, much less that you just have a transition period It is good for capital formation. I urge to the floor. where you don’t have to go requalify passage of the rule and the underlying Mr. Speaker, H.R. 620 is a blunt tool for that if you are going to work for a bill. that wrongfully impedes the right of nonbank or you are going to work for Mr. POLIS. Mr. Speaker, I yield 5 people with disabilities. If H.R. 620 somebody in another State. It only minutes to the gentleman from Rhode passes with any kind of notice and cure passed our committee 60–0, so it Island (Mr. LANGEVIN). period, we will return to the days when doesn’t get much more bipartisan than Mr. LANGEVIN. Mr. Speaker, as the discrimination was commonplace, and that. That will help banks reduce red first quadriplegic elected to Congress, I it will be because elected officials tape, recruit loan officers, and get am here today not just as a Member of voted to remove civil rights instead of them to work faster serving customers. Congress, but as someone here with a protecting them. Likewise, the TRID Improvement disability—and, I hope, providing a Mr. COLLINS of Georgia. Mr. Speak- Act of 2017 is something that I worked voice for so many in our country who er, I yield such time as he may con- on in a variety of ways, and it is in- also have disabilities—to give my per- sume to my colleague from Arkansas cluded in this package. It allows States spective on H.R. 620, the misnamed (Mr. HILL). where you can buy both a personal pol- ADA Education and Reform Act. Mr. HILL. Mr. Speaker, I appreciate icy for your title insurance as well as Mr. Speaker, the Americans with the opportunity to come before the the title coverage for a closing to show Disabilities Act was passed nearly 30 House during this rules debate on this you the real discount. years ago as an enduring promise to an package of bipartisan bills that have Mr. Speaker, the real irony here is entire population of Americans that been worked on for two Congresses now that, when ELIZABETH WARREN was a discrimination on the basis of dis- and that address a number of issues staffer and a college professor, one of ability, including access to public ac- that I think Members on both sides of her goals for the CFPB was simplifica- commodations, will not be tolerated. the aisle and our committee recognize tion, that we take all these com- Now there have been decades for peo- would improve the capital market sys- plicated forms and we would make ple and organizations to understand tem, improve access to capital for busi- them easier to use. and implement provisions of the ADA. ness and consumers, and, also, reduce Well, here is an example of the exact And for those who are just learning the red tape, the bureaucracy associ- opposite. The new Truth in Lending about the ADA or who need a refresher ated with trying to run a community forms for real estate settlements were on the law, there are many free re- bank and provide services to our con- made more complicated. After 8 years sources that provide information and sumers, both businesses and families, of dealing with it, this was a classic ex- technical assistance. that has been made so challenging ample of trying to make it simpler. The ADA provides a lifeline to so since the passage of the Dodd-Frank Let’s actually show the consumer many who need access to classrooms, Act almost 8 years ago. what the real closing costs are for their restrooms, businesses, restaurants, You know, I was coming to Wash- title insurance. This will speed mort- transit, and so much more. I recognize ington yesterday, and I was reading the gage closings. This will reduce errors that there are some individuals who weekend business section. There was a in mortgage closings. This will reduce are unfairly targeted in States that story there about Richard Griffin from consumer confusion about the so-called have failed to protect against things Crossett, Arkansas, who has owned a Know Before You Owe rule. I would like these ‘‘drive-by lawsuits.’’ community bank there for decades. It argue this rule has made it much more But the root of the problem is not is about a $30 million, $35 million bank. difficult to know what you owe before the ADA; it is the unscrupulous law- He just said that, with his 13 employ- you borrow it, and this is a small step yers who take advantage of State laws ees, he just couldn’t comply with the in improving that. that go beyond the Federal law to per- level of regulatory burden following Mr. Speaker, these things help our mit monetary damages. Now, the ADA Dodd-Frank that was so geared to our community banks.

VerDate Sep 11 2014 01:37 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K14FE7.020 H14FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 14, 2018 CONGRESSIONAL RECORD — HOUSE H1143 There is one other in this package we that we want, something that we have Dreamers because we still don’t have a are considering today, Mr. MCHENRY’s waited some 8 years for. So this allows fix for the Dreamers. bill, which allows community banks us to work better with our colleagues Yet 80 percent of our public supports that originate loans, consumer loans, over in the Senate, where 14 Democrats a fix for the Dreamers; 80 percent of commercial loans, that are selling have partnered with Senator CRAPO on our public supports a pathway to citi- those loans to a nonbank, a nonbank the Banking Committee to move bipar- zenship for our Dreamers; and even our servicer or a nonbank packager, to be tisan legislation that will help us grow President wants a fix for the Dreamers. able to pass through the rate that they our economy. Why? Because all of us recognize that originated the loan for. There was a Mr. POLIS. Mr. Speaker, I yield my- Dreamers are soldiers, teachers, police Supreme Court case that has made self such time as I may consume. officers. They are, effectively, our that more complicated, that said you President Trump continues to, frank- friends and our neighbors. Yet here we can’t pass through the rate and that ly, offend our sensibilities and values are again today, not sure of the future State banking laws don’t preempt our by insisting that somehow Democrats for Dreamers in this country. State usury laws for this kind of work. don’t care about fixing DACA. Well, I Folks, it is time to stop using So I commend Mr. MCHENRY for this, would beg to differ. This is the 22nd Dreamers as political pawns in a bigger because this improves liquidity to our time we have tried to bring the bipar- political chess game. community banking system and, again, tisan bill, H.R. 3440, the Dream Act, to Last week, at the State of the Union, lowers rates for consumers, makes the House floor for a vote. my guest was a Dreamer from my dis- products more accessible, and makes We have made our position clear. We trict. She is a college student majoring our small community banks more com- want immigration policies that reflect in chemistry, and I say to all of you, petitive. our values, that make America safer, she is going to make a tremendous sci- I will close by just touching on a cou- while realizing, of course, that we are a entist. We need scientists in this coun- ple of other measures that I think help nation both of laws and of immigrants. try. businesses, help capital markets, help Yesterday, the U.S. Chamber of Com- As you know, America is a land of capital flow. merce again urged Congress to pass immigrants, and all of us here are im- One, you just heard my friend from legislation that provides permanent re- migrants, and, as you know, 75 of our California (Mr. ROYCE) talk about his lief for Dreamers. Even the conserv- Fortune 500 companies are led by im- bill. That will help capital markets ative Cato Institute estimates that de- migrants. We need more hardworking flow. That will create parity among porting Dreamers would result in a $280 immigrants. our exchanges, lowering costs for com- billion reduction in economic growth That is what Dreamers are. They are panies that want to go public and have over the next decade. hardworking. They study hard, pay their action there, raise capital on the Mr. Speaker, if we don’t care about their taxes, follow the law, and, yes, la- public markets. the families, about the young people dies and gentlemen, Dreamers have Mr. DUFFY has a bill that requires affected, surely you care about $280 bil- been vetted. Let me repeat: Dreamers the SEC to actually get a subpoena if lion that will be lost if Republicans fail are immigrants who have been vetted. they want to get source code from a to act. Protecting these aspiring Amer- And yet today we still ask: What is capital markets provider, someone who icans is not only the right thing to do going to happen to Dreamers? is managing money, someone who is of- morally, it is the right thing to do for Mr. Speaker, let’s not live with any fering to manage portfolios or offer a our country and for our economy. regrets. Let’s not look back tomorrow, mutual fund company, and this is very, If we defeat the previous question next year, 10, 20 years from now and very helpful. I think, when you want to today, for the 23rd time, I will offer an say what we could have, should have, get your secret sauce for your business amendment to the rule to bring up would have. Let’s do the right thing, and the government wants it, they H.R. 3440, the Dream Act. This bipar- Mr. Speaker. Now is the time to act. ought to have a subpoena. tisan, bicameral legislation would fi- Let’s vote for our Dreamers. Let’s vote That is all that this bill does. It nally help hundreds of thousands of on H.R. 3440, and let’s do the right doesn’t change the rules about that. It young people who are American in thing. doesn’t change anything other than every way except for on paper. Mr. POLIS. Mr. Speaker, I yield my- saying, if you want this information, Mr. Speaker, I ask unanimous con- self such time as I may consume. you ought to go and get a subpoena, sent to insert the text of my amend- Mr. Speaker, I am not sure what is and I believe that will improve capital ment in the RECORD, along with extra- worse, the fact that we are taking up formation. neous material, immediately prior to legislation that would make it more So, Mr. Speaker, these are good bills. the vote on the previous question. difficult for Americans to gain access These are bipartisan bills. These are The SPEAKER pro tempore. Is there to buildings in their community, in- bills that we have worked on for two objection to the request of the gen- cluding buildings that they work in, or Congresses that will help consumers, tleman from Colorado? that we are considering legislation increase access to credit, lower the There was no objection. that makes it easier for payday lenders cost of that credit, and increase capital Mr. POLIS. Mr. Speaker, I yield 3 to prey on vulnerable consumers by flows to the business sector to support minutes to the gentleman from Cali- forcing in Washington, D.C., Big Gov- the growth that the American people fornia (Mr. CORREA) to discuss our pro- ernment Republican values on our want. posal. States’ rights; or is it worse that we I appreciate the Rules Committee al- Mr. CORREA. Mr. Speaker, again, I are not taking up legislation to protect lowing me to speak on these bills. I ap- stand on this floor to speak about the the hundreds of thousands of Dreamers preciate Chairman HENSARLING putting Dreamers, and this time I ask a simple at risk of deportation in the beginning them together. question: What happened? of March unless we act? And to my friends on the other side, For months here in Washington, we My Republican colleagues are work- these are bills that went through reg- couldn’t pass a budget; we refused to ing hard to put Washington, D.C., Big ular order. pass a budget. Numerous continuing Government ahead of people, to force resolutions were brought up. We even people with disabilities to get law de- b 1300 shut down government, and the press grees and wander around with notepads These are bills that are bipartisan. talked about the Dreamers. It was all to document when they are unable to These are bills that have the support of about the Dreamers. get into a building, and putting payday the opposition. We have put them to- Yet, last week, after the budget lenders ahead of hardworking Ameri- gether in a bipartisan package today spending caps were raised for both cans. under this rule because our friends military and nonmilitary expenditures, Instead, we should be focused on find- down the hall in the United States Sen- we got a budget, and that was a budget ing bipartisan solutions to protect as- ate are rapidly moving a bipartisan that was voted on by both Democrats piring Americans from being forcibly package of improvements for our cap- and Republicans. So, I guess, ladies and deported from the only country that ital markets and our banks, something gentlemen, this was not about the they know as home.

VerDate Sep 11 2014 01:37 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K14FE7.021 H14FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H1144 CONGRESSIONAL RECORD — HOUSE February 14, 2018 Mr. Speaker, I urge my colleagues to else is simply, unfortunately at times, THE VOTE ON THE PREVIOUS QUESTION: WHAT vote ‘‘no’’ on the rule and ‘‘no’’ on H.R. tending to scare people for the wrong IT REALLY MEANS 3299 and H.R. 620, and I yield back the reasons. This vote, the vote on whether to order the balance of my time. If you want to defend trial lawyers previous question on a special rule, is not Mr. COLLINS of Georgia. Mr. Speak- and others who are willing to sue with merely a procedural vote. A vote against or- dering the previous question is a vote er, I yield myself such time as I may nondisabled people, to sue businesses consume. against the Republican majority agenda and taking Google photographs of Google a vote to allow the Democratic minority to Mr. Speaker, I think the interesting Maps and saying, ‘‘This is a business offer an alternative plan. It is a vote about thing is, as has been expressed by a that we are going to extort something what the House should be debating. couple of our speakers, especially on from,’’ then vote against this bill, but Mr. Clarence Cannon’s Precedents of the the Financial Services bills, these are then explain to somebody in a wheel- House of Representatives (VI, 308–311), de- bipartisan pieces of legislation that chair why you are using them and al- scribes the vote on the previous question on have come back. They have been vet- lowing these folks to use them for their the rule as ‘‘a motion to direct or control the ted. They came before not only this profit motive. That is wrong. consideration of the subject before the House body, many of them through the being made by the Member in charge.’’ To We can find a lot of ways to find defeat the previous question is to give the CHOICE Act, previously, but also have agreement here, but let’s at least look opposition a chance to decide the subject be- been coming back. And something that at the situation on how it is. fore the House. Cannon cites the Speaker’s is really interesting is the bicameral, So, with these Financial Services ruling of January 13, 1920, to the effect that bipartisan process of making sure that bills, they provide regulatory relief. ‘‘the refusal of the House to sustain the de- capital and these Financial Services They reduce unnecessary burdens. mand for the previous question passes the control of the resolution to the opposition’’ bills are actually something that we They are bipartisan. I am urging my can move and can improve. in order to offer an amendment. On March friends and colleagues to take a look at 15, 1909, a member of the majority party of- But I do, again, take a little bit of the amendments because there are a exception. And look, rhetoric is rhet- fered a rule resolution. The House defeated lot of amendments that are going to the previous question and a member of the oric, but deceit is also deceit in the come forward on these, especially the opposition rose to a parliamentary inquiry, sense that we don’t talk about, espe- ADA bill and others. asking who was entitled to recognition. cially in this ADA—I am not sure how Look at that. Listen to it. Talk Speaker Joseph G. Cannon (R-Illinois) said: opposing a bill that is designed to ‘‘The previous question having been refused, about it. But at the end of the day, make improvements for folks and in the gentleman from New York, Mr. Fitz- never forget what is actually hap- protecting trial lawyers who can get gerald, who had asked the gentleman to pening here, and what we are actually people who do not even have disabil- yield to him for an amendment, is entitled to seeing is something that we can make ities to sue or to send a demand letter the first recognition.’’ a difference in and we are looking to The Republican majority may say ‘‘the to get money without ever requiring make a difference in. vote on the previous question is simply a that the business actually solve the vote on whether to proceed to an immediate problem. That is what has been missing Mr. Speaker, I urge my colleagues on both sides of the aisle to support this vote on adopting the resolution . . . [and] in this debate today. has no substantive legislative or policy im- They can actually send a letter, say: rule and the underlying bill. plications whatsoever.’’ But that is not what Here is where our problem is. We are The material previously referred to they have always said. Listen to the Repub- going to sue you, but if you send us X by Mr. POLIS is as follows: lican Leadership Manual on the Legislative amount of dollars, that will do away AN AMENDMENT TO H. RES. 736 OFFERED BY Process in the United States House of Rep- resentatives, (6th edition, page 135). Here’s with it—never concerned at all if the MR. POLIS how the Republicans describe the previous decision is actually making a dif- At the end of the resolution, add the fol- question vote in their own manual: ‘‘Al- ference in the business or the location. lowing new sections: though it is generally not possible to amend They don’t care. SEC. 6. Immediately upon adoption of this the rule because the majority Member con- And, in fact, if you want to oppose resolution the Speaker shall, pursuant to trolling the time will not yield for the pur- this, then you are just actually, frank- clause 2(b) of rule XVIII, declare the House pose of offering an amendment, the same re- ly, saying: That is a good idea. I like resolved into the Committee of the Whole sult may be achieved by voting down the pre- House on the state of the Union for consider- vious question on the rule . . . When the mo- that. Let’s just pick on businesses, and ation of the bill (H.R. 3440) to authorize the at the end of the day, you know those tion for the previous question is defeated, cancellation of removal and adjustment of control of the time passes to the Member folks with disabilities, they are just status of certain individuals who are long- who led the opposition to ordering the pre- our key to making more money. term United States residents and who en- vious question. That Member, because he That is wrong. My daughter is not a tered the United States as children and for then controls the time, may offer an amend- money-making proposition. That has other purposes. The first reading of the bill ment to the rule, or yield for the purpose of got to cease. shall be dispensed with. All points of order amendment.’’ We can disagree on ways about this. against consideration of the bill are waived. In Deschler’s Procedure in the U.S. House My friend from Rhode Island and I have General debate shall be confined to the bill of Representatives, the subchapter titled and shall not exceed one hour equally di- ‘‘Amending Special Rules’’ states: ‘‘a refusal talked about this a great deal. We are vided and controlled by the chair and rank- of the same mind and same agreement. to order the previous question on such a rule ing minority member of the Committee on [a special rule reported from the Committee We may disagree on somehow this is it the Judiciary. After general debate the bill on Rules] opens the resolution to amend- and how to get there, but at the end of shall be considered for amendment under the ment and further debate.’’ (Chapter 21, sec- the day, the ADA is still there. The five-minute rule. All points of order against tion 21.2) Section 21.3 continues: ‘‘Upon re- ADA is not going away. The ADA is not provisions in the bill are waived. At the con- jection of the motion for the previous ques- being gutted, and nobody is asking clusion of consideration of the bill for tion on a resolution reported from the Com- folks with disabilities to get law de- amendment the Committee shall rise and re- mittee on Rules, control shifts to the Mem- port the bill to the House with such amend- ber leading the opposition to the previous grees. A lot of them have, and they are ments as may have been adopted. The pre- making a difference. question, who may offer a proper amendment vious question shall be considered as ordered or motion and who controls the time for de- But one of the greatest emphases to on the bill and amendments thereto to final bate thereon.’’ a business that may have an impedi- passage without intervening motion except Clearly, the vote on the previous question ment, they may have put something in one motion to recommit with or without in- on a rule does have substantive policy impli- the way, is for somebody with a dis- structions. If the Committee of the Whole cations. It is one of the only available tools ability to say: By the way, I can’t get rises and reports that it has come to no reso- for those who oppose the Republican major- in here. lution on the bill, then on the next legisla- ity’s agenda and allows those with alter- And most every business on Earth tive day the House shall, immediately after native views the opportunity to offer an al- the third daily order of business under clause ternative plan. does not want to stand at the door and 1 of rule XIV, resolve into the Committee of say: I don’t want disability folks in my the Whole for further consideration of the Mr. COLLINS of Georgia. Mr. Speak- business. bill. er, I yield back the balance of my time, No. They want to fix it because they SEC. 7. Clause 1(c) of rule XIX shall not and I move the previous question on want to do business. To say anything apply to the consideration of H.R. 3440. the resolution.

VerDate Sep 11 2014 01:37 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K14FE7.023 H14FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 14, 2018 CONGRESSIONAL RECORD — HOUSE H1145 The SPEAKER pro tempore. The Turner Walters, Mimi Womack The SPEAKER pro tempore (Mr. Upton Weber (TX) Woodall question is on ordering the previous FORTENBERRY). The question is on the Valadao Webster (FL) Yoder question. Wagner Wenstrup Yoho resolution. The question was taken; and the Walberg Westerman Young (AK) The question was taken; and the Speaker pro tempore announced that Walden Williams Young (IA) Speaker pro tempore announced that Walker Wilson (SC) Zeldin the ayes appeared to have it. Walorski Wittman the ayes appeared to have it. Mr. POLIS. Mr. Speaker, on that I RECORDED VOTE demand the yeas and nays. NAYS—187 The yeas and nays were ordered. Adams Gonzalez (TX) O’Halleran Mr. POLIS. Mr. Speaker, I demand a Aguilar Gottheimer O’Rourke recorded vote. The SPEAKER pro tempore. Pursu- Barraga´ n Green, Al Pallone ant to clause 8 and clause 9 of rule XX, Beatty Green, Gene Panetta A recorded vote was ordered. this 15-minute vote on ordering the Bera Grijalva Pascrell The SPEAKER pro tempore. This is a previous question will be followed by 5- Beyer Hanabusa Payne 5-minute vote. Bishop (GA) Hastings Pelosi minute votes on: Blumenauer Heck Perlmutter The vote was taken by electronic de- Adopting the resolution, if ordered, Blunt Rochester Higgins (NY) Peters vice, and there were—ayes 227, noes 187, and Bonamici Himes Peterson Brady (PA) Hoyer not voting 16, as follows: Motions to suspend the rules with re- Pingree Brown (MD) Huffman Pocan [Roll No. 73] gard to H.R. 3542 and H. Res. 129. Brownley (CA) Jackson Lee Polis The vote was taken by electronic de- Bustos Jayapal Price (NC) AYES—227 Butterfield Jeffries vice, and there were—yeas 228, nays Quigley Abraham Gohmert Mooney (WV) Capuano Johnson (GA) Raskin Aderholt Goodlatte Mullin Carbajal Johnson, E. B. 187, not voting 15, as follows: Rice (NY) Allen Gosar Newhouse Ca´ rdenas Kaptur [Roll No. 72] Richmond Amash Gowdy Noem Carson (IN) Keating Rosen Amodei Granger Norman YEAS—228 Cartwright Kelly (IL) Roybal-Allard Arrington Graves (GA) Nunes Castor (FL) Kennedy Abraham Frelinghuysen McCarthy Ruiz Babin Graves (LA) Olson Castro (TX) Khanna Aderholt Gaetz McCaul Ruppersberger Bacon Graves (MO) Chu, Judy Kihuen Palazzo Allen Gallagher McClintock Rush Banks (IN) Griffith Cicilline Kildee Palmer Amash Garrett McHenry Ryan (OH) Barletta Grothman Clark (MA) Kilmer Paulsen Amodei Gianforte McKinley Sa´ nchez Barr Guthrie Clarke (NY) Kind Perry Arrington Gibbs McMorris Sarbanes Barton Handel Clay Krishnamoorthi Pittenger Babin Gohmert Rodgers Schakowsky Bergman Harper Cleaver Kuster (NH) Poe (TX) Bacon Goodlatte McSally Schiff Biggs Harris Clyburn Langevin Poliquin Banks (IN) Gosar Meadows Schneider Bilirakis Hartzler Ratcliffe Barletta Gowdy Meehan Cohen Larsen (WA) Bishop (MI) Hensarling Schrader Reed Barton Granger Messer Connolly Larson (CT) Bishop (UT) Herrera Beutler Scott (VA) Reichert Bergman Graves (GA) Mitchell Cooper Lawrence Black Hice, Jody B. Scott, David Renacci Biggs Graves (LA) Moolenaar Correa Lawson (FL) Blackburn Higgins (LA) Serrano Rice (SC) Bilirakis Graves (MO) Mooney (WV) Courtney Lee Blum Hill Sewell (AL) Roby Bishop (MI) Griffith Mullin Crist Levin Bost Holding Shea-Porter Roe (TN) Bishop (UT) Grothman Newhouse Crowley Lewis (GA) Brady (TX) Hollingsworth Cuellar Lieu, Ted Sherman Rogers (AL) Black Guthrie Noem Sinema Brat Hudson Blackburn Handel Norman Davis (CA) Lipinski Bridenstine Huizenga Rohrabacher Davis, Danny Loebsack Sires Rooney, Francis Blum Harper Nunes Slaughter Brooks (AL) Hultgren Bost Harris Olson DeFazio Lofgren Brooks (IN) Hunter Rooney, Thomas DeGette Lowenthal Smith (WA) J. Brady (TX) Hartzler Palazzo Soto Buchanan Hurd Brat Hensarling Palmer Delaney Lowey Buck Issa Ros-Lehtinen DeLauro Lujan Grisham, Speier Roskam Bridenstine Herrera Beutler Paulsen Suozzi Bucshon Jenkins (KS) DelBene M. Ross Brooks (AL) Hice, Jody B. Pittenger Swalwell (CA) Budd Jenkins (WV) Demings Luja´ n, Ben Ray Rothfus Brooks (IN) Higgins (LA) Poe (TX) Takano Burgess Johnson (LA) DeSaulnier Lynch Rouzer Buchanan Hill Poliquin Thompson (CA) Calvert Johnson (OH) Deutch Maloney, Royce (CA) Buck Holding Ratcliffe Thompson (MS) Carter (GA) Johnson, Sam Dingell Carolyn B. Russell Bucshon Hollingsworth Reed Titus Chabot Jones Budd Doggett Maloney, Sean Cheney Rutherford Hudson Reichert Tonko Jordan Burgess Huizenga Renacci Doyle, Michael Matsui Coffman Joyce (OH) Sanford Torres Calvert Hultgren Rice (SC) F. McCollum Cole Katko Scalise Tsongas Carter (GA) Hunter Roby Ellison McEachin Collins (GA) Kelly (MS) Schweikert Vargas Carter (TX) Hurd Roe (TN) Engel McGovern Collins (NY) Kelly (PA) Scott, Austin Eshoo McNerney Veasey Chabot Issa Rogers (AL) Comer King (IA) Sensenbrenner Vela Cheney Jenkins (KS) Rohrabacher Espaillat Meeks Comstock King (NY) Vela´ zquez Sessions Coffman Jenkins (WV) Rokita Esty (CT) Meng Conaway Kinzinger Visclosky Shimkus Cole Johnson (LA) Rooney, Francis Evans Moore Cook Knight Walz Shuster Collins (GA) Johnson (OH) Rooney, Thomas Foster Moulton Costello (PA) Kustoff (TN) Wasserman Simpson Collins (NY) Johnson, Sam J. Frankel (FL) Murphy (FL) Cramer Labrador Schultz Smith (MO) Comer Jones Ros-Lehtinen Fudge Nadler Crawford LaHood Waters, Maxine Smith (NE) Comstock Jordan Roskam Gabbard Napolitano Culberson LaMalfa Gallego Neal Welch Smith (NJ) Conaway Joyce (OH) Ross Curbelo (FL) Lamborn Smith (TX) Cook Katko Rothfus Garamendi Nolan Wilson (FL) Curtis Lance Gomez Norcross Yarmuth Smucker Costello (PA) Kelly (MS) Rouzer Davidson Latta Stefanik Cramer Kelly (PA) Royce (CA) NOT VOTING—15 Davis, Rodney Lewis (MN) Stewart Crawford King (IA) Russell Dent Long Taylor Culberson King (NY) Barr Cummings Posey DeSantis Loudermilk Rutherford Tenney Curbelo (FL) Kinzinger Sanford Bass Denham Rogers (KY) DesJarlais Love Thompson (PA) Curtis Knight Scalise Boyle, Brendan Duncan (SC) Stivers Diaz-Balart Lucas Thornberry Davidson Kustoff (TN) Schweikert F. Gutie´rrez Donovan Luetkemeyer Watson Coleman Tipton Davis, Rodney Labrador Scott, Austin Byrne Pearce Duffy MacArthur Trott Dent LaHood Sensenbrenner Costa Perry Duncan (TN) Marchant Turner DeSantis LaMalfa Sessions Dunn Marino DesJarlais Lamborn Shimkus Emmer Marshall Upton Diaz-Balart Lance Shuster b 1338 Estes (KS) Massie Valadao Donovan Latta Simpson Farenthold Mast Wagner Duffy Lewis (MN) Smith (MO) Messrs. PALLONE and DESAULNIER Faso McCarthy Walberg Duncan (TN) LoBiondo Smith (NE) changed their vote from ‘‘yea’’ to Ferguson McCaul Walden Dunn Long Smith (NJ) ‘‘nay.’’ Fitzpatrick McClintock Walker Emmer Loudermilk Smith (TX) Fleischmann McHenry Walorski Estes (KS) Love Smucker So the previous question was ordered. Flores McKinley Walters, Mimi Farenthold Lucas Stefanik The result of the vote was announced Fortenberry McMorris Weber (TX) Faso Luetkemeyer Stewart as above recorded. Foxx Rodgers Webster (FL) Ferguson MacArthur Taylor Frelinghuysen McSally Wenstrup Fitzpatrick Marchant Tenney Stated for: Gaetz Meadows Westerman Fleischmann Marino Thompson (PA) Mr. PERRY. Mr. Speaker, I was unavoidably Gallagher Meehan Williams Flores Marshall Thornberry Garrett Messer Wilson (SC) Fortenberry Massie Tipton detained. Had I been present, I would have Gianforte Mitchell Wittman Foxx Mast Trott voted ‘‘Yea’’ on rollcall No. 72. Gibbs Moolenaar Womack

VerDate Sep 11 2014 01:37 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K14FE7.025 H14FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H1146 CONGRESSIONAL RECORD — HOUSE February 14, 2018 Woodall Yoho Young (IA) poses, as amended, on which the yeas Maloney, Poe (TX) Smith (NE) Yoder Young (AK) Zeldin and nays were ordered. Carolyn B. Poliquin Smith (NJ) NOES—187 Maloney, Sean Polis Smith (TX) The Clerk read the title of the bill. Marchant Price (NC) Smith (WA) Adams Gonzalez (TX) O’Halleran The SPEAKER pro tempore. The Marino Quigley Smucker Aguilar Gottheimer O’Rourke question is on the motion offered by Marshall Raskin Soto ´ Barragan Green, Al Pallone the gentleman from South Carolina Massie Ratcliffe Speier Beatty Green, Gene Panetta Mast Reed Stefanik ILSON Bera Grijalva Pascrell (Mr. W ) that the House suspend Matsui Reichert Stewart Beyer Hanabusa Payne the rules and pass the bill, as amended. McCarthy Renacci Suozzi Bishop (GA) Hastings Pelosi This is a 5-minute vote. McCaul Rice (NY) Swalwell (CA) Blumenauer Heck Perlmutter McClintock Rice (SC) Takano Blunt Rochester Higgins (NY) Peters The vote was taken by electronic de- Bonamici Himes vice, and there were—yeas 415, nays 0, McCollum Richmond Taylor Peterson McEachin Roby Tenney Brady (PA) Hoyer Pingree not voting 15, as follows: McGovern Roe (TN) Thompson (CA) Brown (MD) Huffman Pocan [Roll No. 74] McHenry Rogers (AL) Thompson (MS) Brownley (CA) Jackson Lee Polis McKinley Rohrabacher Thompson (PA) Bustos Jayapal Price (NC) YEAS—415 Butterfield Jeffries McMorris Rokita Thornberry Quigley Abraham Crist Heck Capuano Johnson (GA) Raskin Rodgers Rooney, Francis Tipton Carbajal Johnson, E. B. Adams Crowley Hensarling McNerney Rooney, Thomas Titus Rice (NY) Aderholt Cuellar Ca´ rdenas Kaptur Herrera Beutler McSally J. Tonko Richmond Aguilar Culberson Hice, Jody B. Carson (IN) Keating Meadows Ros-Lehtinen Torres Rosen Allen Curbelo (FL) Higgins (LA) Cartwright Kelly (IL) Meehan Rosen Trott Roybal-Allard Amash Curtis Higgins (NY) Castor (FL) Kennedy Ruiz Meeks Roskam Tsongas Castro (TX) Khanna Amodei Davidson Hill Ruppersberger Meng Ross Turner Chu, Judy Kihuen Arrington Davis (CA) Himes Rush Messer Rothfus Upton Cicilline Kildee Babin Davis, Danny Holding Ryan (OH) Mitchell Rouzer Valadao Clark (MA) Kilmer Bacon Davis, Rodney Hollingsworth Sa´ nchez Moolenaar Roybal-Allard Vargas Clarke (NY) Kind Banks (IN) DeFazio Hoyer Sarbanes Mooney (WV) Royce (CA) Veasey Clay Krishnamoorthi Barletta DeGette Hudson Schakowsky Cleaver Kuster (NH) Barr Delaney Huffman Moore Ruiz Vela Schiff ´ ´ Clyburn Langevin Barragan DeLauro Huizenga Moulton Ruppersberger Velazquez Schneider Cohen Larsen (WA) Barton DelBene Hultgren Mullin Rush Visclosky Schrader Connolly Larson (CT) Beatty Demings Hunter Murphy (FL) Russell Wagner Scott (VA) Cooper Lawrence Bera Dent Hurd Nadler Rutherford Walberg Correa Lawson (FL) Scott, David Bergman DeSantis Issa Napolitano Ryan (OH) Walden Courtney Lee Serrano Beyer DeSaulnier Jackson Lee Neal Sa´ nchez Walker Crist Levin Sewell (AL) Biggs DesJarlais Jayapal Newhouse Sanford Walorski Shea-Porter Crowley Lewis (GA) Bilirakis Deutch Jeffries Noem Sarbanes Walters, Mimi Sherman Bishop (GA) Diaz-Balart Cuellar Lieu, Ted Jenkins (KS) Nolan Scalise Walz Sinema Bishop (MI) Dingell Davis (CA) Lipinski Jenkins (WV) Norcross Schakowsky Wasserman Sires Bishop (UT) Doggett Davis, Danny Loebsack Johnson (GA) Norman Schiff Schultz Slaughter Black Donovan DeFazio Lofgren Johnson (LA) Nunes Schneider Waters, Maxine DeGette Lowenthal Smith (WA) Blackburn Doyle, Michael Johnson (OH) Soto Blum F. O’Halleran Schrader Weber (TX) Delaney Lowey Johnson, E. B. O’Rourke Schweikert Webster (FL) DeLauro Lujan Grisham, Speier Blumenauer Duffy Johnson, Sam Olson Scott (VA) Welch DelBene M. Suozzi Blunt Rochester Duncan (TN) Jones Palazzo Scott, Austin Wenstrup Demings Luja´ n, Ben Ray Swalwell (CA) Bonamici Dunn Jordan Bost Ellison Pallone Scott, David Westerman DeSaulnier Lynch Takano Kaptur Brady (PA) Emmer Palmer Sensenbrenner Williams Deutch Maloney, Thompson (CA) Katko Brady (TX) Engel Panetta Serrano Wilson (FL) Dingell Carolyn B. Thompson (MS) Keating Brat Eshoo Doggett Maloney, Sean Titus Kelly (IL) Pascrell Sessions Wilson (SC) Bridenstine Espaillat Doyle, Michael Matsui Tonko Kelly (MS) Paulsen Sewell (AL) Wittman Brooks (AL) Estes (KS) F. McCollum Torres Kelly (PA) Payne Shea-Porter Womack Brooks (IN) Esty (CT) Ellison McEachin Tsongas Kennedy Pelosi Sherman Woodall Brown (MD) Evans Engel McGovern Vargas Khanna Perlmutter Shimkus Yarmuth Brownley (CA) Farenthold Eshoo McNerney Veasey Kihuen Perry Shuster Yoder Buchanan Faso Espaillat Meeks Vela Kildee Peters Simpson Yoho Buck Ferguson Esty (CT) Meng Vela´ zquez Peterson Sinema Young (AK) Bucshon Fitzpatrick Kilmer Evans Moore Visclosky Kind Pingree Sires Young (IA) Foster Moulton Walz Budd Fleischmann Burgess Flores King (IA) Pittenger Slaughter Zeldin Frankel (FL) Murphy (FL) Wasserman King (NY) Pocan Smith (MO) Fudge Nadler Schultz Bustos Fortenberry Butterfield Foster Kinzinger Gabbard Napolitano Waters, Maxine Knight NOT VOTING—15 Gallego Neal Welch Calvert Foxx Capuano Frankel (FL) Krishnamoorthi Garamendi Nolan Wilson (FL) Kuster (NH) Bass Denham Posey Gomez Norcross Yarmuth Carbajal Frelinghuysen Boyle, Brendan Duncan (SC) Rogers (KY) ´ Kustoff (TN) Cardenas Fudge F. Gutie´rrez Stivers NOT VOTING—16 Carson (IN) Gabbard Labrador Byrne Joyce (OH) Watson Coleman Carter (GA) Gaetz LaHood Bass Cummings Posey Costa LoBiondo Carter (TX) Gallagher LaMalfa Boyle, Brendan Denham Rogers (KY) Cartwright Gallego Lamborn Cummings Pearce F. Duncan (SC) Rokita Castor (FL) Garamendi Lance Byrne Gutie´rrez Stivers Castro (TX) Garrett Langevin Carter (TX) LoBiondo Watson Coleman Larsen (WA) b 1358 Costa Pearce Chabot Gianforte Cheney Gibbs Larson (CT) b 1350 Chu, Judy Gohmert Latta So (two-thirds being in the affirma- Cicilline Gomez Lawrence tive) the rules were suspended and the So the resolution was agreed to. Lawson (FL) Clark (MA) Gonzalez (TX) bill, as amended, was passed. The result of the vote was announced Clarke (NY) Goodlatte Lee as above recorded. Clay Gosar Levin The result of the vote was announced A motion to reconsider was laid on Cleaver Gottheimer Lewis (GA) Clyburn Gowdy Lewis (MN) as above recorded. the table. Coffman Granger Lieu, Ted The title of the bill was amended so f Cohen Graves (GA) Lipinski Cole Graves (LA) Loebsack as to read: ‘‘A bill to impose sanctions HAMAS HUMAN SHIELDS Collins (GA) Graves (MO) Lofgren against Hamas for violating univer- PREVENTION ACT Collins (NY) Green, Al Long Comer Green, Gene Loudermilk sally applicable international laws of The SPEAKER pro tempore. The un- Comstock Griffith Love armed conflict by intentionally using finished business is the vote on the mo- Conaway Grijalva Lowenthal civilians and civilian property to shield Connolly Grothman Lowey tion to suspend the rules and pass the Cook Guthrie Lucas military objectives from lawful attack, bill (H.R. 3542) to impose sanctions Cooper Hanabusa Luetkemeyer and for other purposes.’’. against Hamas for gross violations of Correa Handel Lujan Grisham, internationally recognized human Costello (PA) Harper M. A motion to reconsider was laid on Courtney Harris Luja´ n, Ben Ray the table. rights by reason of the use of civilians Cramer Hartzler Lynch as human shields, and for other pur- Crawford Hastings MacArthur

VerDate Sep 11 2014 01:37 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\A14FE7.005 H14FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 14, 2018 CONGRESSIONAL RECORD — HOUSE H1147 CALLING ON GOVERNMENTS TO Hudson McEachin Sa´ nchez The title of the resolution was Huffman McGovern Sanford INTENSIFY EFFORTS TO INVES- Huizenga McHenry Sarbanes amended so as to read: ‘‘Calling on the TIGATE, RECOVER, AND IDEN- Hultgren McKinley Scalise Department of Defense, other appro- TIFY ALL MISSING AND UNAC- Hunter McMorris Schakowsky priate elements of the Federal Govern- COUNTED-FOR PERSONNEL OF Hurd Rodgers Schiff ment, and foreign governments to reso- Issa McNerney Schneider THE UNITED STATES Jackson Lee McSally Schrader lutely continue efforts to investigate, The SPEAKER pro tempore. The un- Jeffries Meadows Schweikert recover, and identify all United States Jenkins (KS) Meehan Scott (VA) finished business is the vote on the mo- personnel designated as unaccounted- Jenkins (WV) Meeks Scott, Austin for from past wars and conflicts around tion to suspend the rules and agree to Johnson (GA) Meng Scott, David the resolution (H. Res. 129) calling on Johnson (LA) Messer Sensenbrenner the world.’’. the Department of Defense, other ele- Johnson (OH) Mitchell Serrano A motion to reconsider was laid on Johnson, E. B. Moolenaar Sessions the table. ments of the Federal Government, and Johnson, Sam Mooney (WV) Sewell (AL) foreign governments to intensify ef- Jones Moore Shea-Porter f forts to investigate, recover, and iden- Jordan Moulton Sherman Joyce (OH) Mullin Shimkus AUTHORIZING THE USE OF EMAN- tify all missing and unaccounted-for Kaptur Murphy (FL) Shuster CIPATION HALL FOR A CERE- personnel of the United States, as Katko Nadler Simpson MONY AS PART OF THE COM- amended, on which the yeas and nays Keating Napolitano Sinema Kelly (IL) Neal Sires MEMORATION OF THE DAYS OF were ordered. Kelly (MS) Newhouse Slaughter REMEMBRANCE OF VICTIMS OF The Clerk read the title of the resolu- Kelly (PA) Noem Smith (MO) THE HOLOCAUST tion. Kennedy Nolan Smith (NE) The SPEAKER pro tempore. The Khanna Norcross Smith (NJ) Mr. HARPER. Mr. Speaker, I ask Kihuen Norman Smith (TX) unanimous consent that the Com- question is on the motion offered by Kildee Nunes Smith (WA) the gentleman from South Carolina Kilmer O’Halleran Smucker mittee on House Administration be dis- (Mr. WILSON) that the House suspend Kind O’Rourke Soto charged from further consideration of King (IA) Olson Speier House Concurrent Resolution 103, and the rules and agree to the resolution, King (NY) Palazzo Stefanik as amended. Kinzinger Pallone Stewart ask for its immediate consideration in This is a 5-minute vote. Knight Palmer Suozzi the House. Krishnamoorthi Panetta Swalwell (CA) The vote was taken by electronic de- The Clerk read the title of the con- Kuster (NH) Pascrell Takano current resolution. vice, and there were—yeas 411, nays 0, Kustoff (TN) Paulsen Taylor not voting 19, as follows: Labrador Payne Tenney The SPEAKER pro tempore. Is there LaHood Pelosi Thompson (CA) objection to the request of the gen- [Roll No. 75] LaMalfa Perlmutter Thompson (MS) tleman from Mississippi? YEAS—411 Lamborn Perry Thompson (PA) Lance Peters Thornberry There was no objection. Abraham Chu, Judy Espaillat Langevin Peterson Tipton The text of the concurrent resolution Adams Cicilline Estes (KS) Larsen (WA) Pingree Titus is as follows: Aderholt Clark (MA) Esty (CT) Larson (CT) Pittenger Tonko Aguilar Clarke (NY) Evans Latta Pocan Torres H. CON. RES. 103 Allen Clay Farenthold Lawrence Poe (TX) Trott Resolved by the House of Representatives (the Amash Cleaver Faso Lawson (FL) Poliquin Tsongas Senate concurring), Amodei Clyburn Ferguson Lee Polis Turner SECTION 1. USE OF EMANCIPATION HALL FOR Arrington Coffman Fitzpatrick Levin Price (NC) Upton HOLOCAUST DAYS OF REMEM- Bacon Cohen Fleischmann Lewis (GA) Quigley Valadao BRANCE CEREMONY. Banks (IN) Cole Flores Lewis (MN) Raskin Vargas Barletta Collins (GA) Fortenberry Lieu, Ted Ratcliffe Veasey Emancipation Hall in the Capitol Visitor Barr Collins (NY) Foster Lipinski Reed Vela Center is authorized to be used on April 9, Barraga´ n Comer Foxx Loebsack Reichert Visclosky 2018, for a ceremony as part of the com- Barton Comstock Frankel (FL) Lofgren Renacci Wagner memoration of the days of remembrance of Beatty Conaway Frelinghuysen Long Rice (NY) Walberg Bera Connolly Fudge victims of the Holocaust. Physical prepara- Loudermilk Rice (SC) Walden tions for the ceremony shall be carried out Bergman Cook Gabbard Love Richmond Walker Beyer Cooper Gaetz Lowenthal Roby Walorski in accordance with such conditions as the Biggs Correa Gallagher Lowey Roe (TN) Walters, Mimi Architect of the Capitol may prescribe. Bilirakis Costello (PA) Gallego Lucas Rogers (AL) Walz The concurrent resolution was agreed Bishop (GA) Courtney Garamendi Luetkemeyer Rohrabacher Wasserman Bishop (MI) Cramer Garrett Lujan Grisham, Rokita Schultz to. Bishop (UT) Crawford Gianforte M. Rooney, Francis Waters, Maxine A motion to reconsider was laid on Black Crist Gibbs Luja´ n, Ben Ray Rooney, Thomas Weber (TX) the table. Blackburn Crowley Gohmert Lynch J. Webster (FL) Blum Cuellar Gomez MacArthur Ros-Lehtinen Welch f Blumenauer Culberson Gonzalez (TX) Maloney, Rosen Wenstrup Blunt Rochester Curbelo (FL) Goodlatte Carolyn B. Roskam Westerman REQUEST TO REMOVE NAME OF Bonamici Curtis Gosar Maloney, Sean Ross Williams MEMBER AS COSPONSOR OF H.R. Bost Davidson Gottheimer Marchant Rothfus Wilson (FL) 620 Brady (PA) Davis (CA) Gowdy Marino Rouzer Wilson (SC) Brady (TX) Davis, Danny Granger Marshall Roybal-Allard Wittman Ms. SEWELL of Alabama. Mr. Speak- Brat Davis, Rodney Graves (GA) Massie Royce (CA) Womack er, I ask unanimous consent that my Bridenstine DeFazio Graves (MO) Mast Ruiz Woodall Brooks (AL) DeGette Green, Al Matsui Ruppersberger Yoder name be removed as a cosponsor of Brooks (IN) Delaney Green, Gene McCarthy Rush Yoho H.R. 620. Brown (MD) DeLauro Griffith McCaul Russell Young (AK) The SPEAKER pro tempore. The re- Brownley (CA) DelBene Grijalva McClintock Rutherford Young (IA) quest of the gentlewoman from Ala- Buchanan Demings Grothman McCollum Ryan (OH) Zeldin Buck Dent Guthrie bama cannot be entertained. Bucshon DeSantis Hanabusa NOT VOTING—19 f Budd DeSaulnier Handel Babin Denham Posey Burgess DesJarlais Harper Bass Duncan (SC) Rogers (KY) Bustos Deutch Harris PROTECTING CONSUMERS’ ACCESS Boyle, Brendan Graves (LA) Stivers Butterfield Diaz-Balart Hartzler TO CREDIT ACT OF 2017 F. Gutie´rrez Vela´ zquez Calvert Dingell Hastings Byrne Jayapal Capuano Doggett Heck Watson Coleman Mr. HENSARLING. Mr. Speaker, pur- Costa LoBiondo Yarmuth Carbajal Donovan Hensarling Cummings Pearce suant to House Resolution 736, I call up Ca´ rdenas Doyle, Michael Herrera Beutler the bill (H.R. 3299) to amend the Re- Carson (IN) F. Hice, Jody B. b 1405 Carter (GA) Duffy Higgins (LA) vised Statutes, the Home Owners’ Loan Carter (TX) Duncan (TN) Higgins (NY) So (two-thirds being in the affirma- Act, the Federal Credit Union Act, and Cartwright Dunn Hill tive) the rules were suspended and the the Federal Deposit Insurance Act to Castor (FL) Ellison Himes resolution, as amended, was agreed to. require the rate of interest on certain Castro (TX) Emmer Holding Chabot Engel Hollingsworth The result of the vote was announced loans remain unchanged after transfer Cheney Eshoo Hoyer as above recorded. of the loan, and for other purposes, and

VerDate Sep 11 2014 01:37 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K14FE7.031 H14FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H1148 CONGRESSIONAL RECORD — HOUSE February 14, 2018 ask for its immediate consideration in ‘‘(3) A loan that is valid when made as to to credit for American small businesses the House. its maximum rate of interest in accordance and consumers. The Clerk read the title of the bill. with this subsection shall remain valid with H.R. 3299 is a legislative response to The SPEAKER pro tempore (Mr. respect to such rate regardless of whether the 2015 Second Circuit Court of Ap- the loan is subsequently sold, assigned, or BRAT). Pursuant to House Resolution otherwise transferred to a third party, and peals decision in Madden v. Midland 736, the bill is considered read. may be enforced by such third party not- Funding, which clearly appears to have The text of the bill is as follows: withstanding any State law to the con- not not considered the valid-when- H.R. 3299 trary.’’. made legal doctrine, which is a nearly Be it enacted by the Senate and House of (c) AMENDMENT TO THE FEDERAL CREDIT 200-year-old principle of usury law in Representatives of the United States of America UNION ACT.—Section 205(g) of the Federal our Republic. Again, Mr. Speaker, 200 in Congress assembled, Credit Union Act (12 U.S.C. 1785(g)) is amend- years of settled common law upended SECTION 1. SHORT TITLE. ed by adding at the end the following: in one court case. ‘‘(3) A loan that is valid when made as to This Act may be cited as the ‘‘Protecting In the decision, the court held that, Consumers’ Access to Credit Act of 2017’’. its maximum rate of interest in accordance with this subsection shall remain valid with while the National Bank Act allowed a SEC. 2. FINDINGS. federally chartered bank to charge in- Congress finds that— respect to such rate regardless of whether (1) the contractual doctrine of valid when the loan is subsequently sold, assigned, or terest under the laws of its home State made which, as applied to lending agree- otherwise transferred to a third party, and on loans it makes nationwide, ments, provides that a loan that is valid at may be enforced by such third party not- nonbanks that bought those loans inception cannot become usurious upon sub- withstanding any State law to the con- could not continue to collect that in- sequent sale or transfer to another person; trary.’’. terest because nonbanks are generally (d) AMENDMENT TO THE FEDERAL DEPOSIT (2) this important and longstanding prin- subject to the limits of the borrower’s INSURANCE ACT.—Section 27 of the Federal ciple derives from the common law and its State. application has been a cornerstone of United Deposit Insurance Act (12 U.S.C. 1831d) is amended by adding at the end the following: The Second Circuit decision has States banking law for nearly 200 years, as caused considerable uncertainty and provided in the case Nichols v. Fearson, 32 ‘‘(c) A loan that is valid when made as to U.S. (7 Pet.) 103, 106 (1833), where the Su- its maximum rate of interest in accordance risk for many types of bank lending preme Court famously declared: ‘‘Yet the with this section shall remain valid with re- programs, including bank model mar- rule of law is everywhere acknowledged, that spect to such rate regardless of whether the ketplace lending where national banks a contract free from usury in its inception, loan is subsequently sold, assigned, or other- originate loans and then transfer them shall not be invalidated by any subsequent wise transferred to a third party, and may be enforced by such third party notwith- to nonbank third parties. usurious transactions upon it.’’; Being able to offer consistent terms (3) in 2016, the Solicitor General, in con- standing any State law to the contrary.’’. SEC. 4. RULE OF CONSTRUCTION. nationwide is vital to scaling the mar- sultation with all Federal banking regu- ketplace lending business, which, in lators, filed an amicus brief in the case of Nothing in this Act may be construed as Midland Funding, LLC v. Madden, 136 S. Ct. limiting the authority or jurisdiction of the turn, allows lenders to access cheaper 2505 (2016) (mem.), denying cert. to 786 F.3d Office of the Comptroller of the Currency, investment capital and then pass the 246 (2d Cir. 2015), that described the United the Federal Deposit Insurance Corporation, savings on to the borrowers who may States Court of Appeals for the Second Cir- the Board of Governors of the Federal Re- be looking to buy their first home, cuit in that case ‘‘incorrect’’ with an ‘‘anal- serve System, the Bureau of Consumer Fi- start a business, send a kid to college. ysis reflect[ing] a misunderstanding’’ of sec- nancial Protection, or the National Credit H.R. 3299, again, is a commonsense tion 85 of the National Bank Act and Su- Union Administration. bill that simply codifies the 200-year- preme Court precedent, because it contra- The SPEAKER pro tempore. The gen- old valid-when-made legal doctrine, dicted the contractual doctrine of valid when tleman from Texas (Mr. HENSARLING) which would preserve the lawful inter- made; and the gentlewoman from California (4) the valid-when-made doctrine, by est rate on a loan originated by a bank (Ms. MAXINE WATERS) each will control bringing certainty to the legal treatment of even if the loan is sold, assigned, or all valid loans that are transferred, greatly 30 minutes. transferred to a nonbank third party. enhances liquidity in the credit markets by The Chair recognizes the gentleman This fundamental concept is the widening the potential pool of loan buyers from Texas. backbone of how fintech companies and reducing the cost of credit to borrowers GENERAL LEAVE partner with banks. Without it, con- at the time of origination; Mr. HENSARLING. Mr. Speaker, I sumers are faced with higher costs and (5) a joint academic study from profes- ask unanimous consent that all Mem- less availability of credit, particularly sors at Stanford, Fordham, and Columbia universities concluded that the Madden v. bers have 5 legislative days to revise those consumers with less access to Midland decision has already disproportion- and extend their remarks and to sub- traditional lending sources. ately affected low- and moderate-income in- mit extraneous material on the bill Mr. Speaker, don’t take my word for dividuals in the United States with lower under consideration. it. According to a recent Columbia/ FICO scores; and The SPEAKER pro tempore. Is there Stanford University study, borrowers (6) if the valid-when-made doctrine is not objection to the request of the gen- with credit scores under 625 have seen reaffirmed soon by Congress, the lack of ac- tleman from Texas? their credit cut in half, cut in half cess to safe and affordable financial services There was no objection. thanks to this decision. Again, Mr. will force households in the United States Mr. HENSARLING. Mr. Speaker, I with the fewest resources to seek financial Speaker, borrowers with less than stel- products that are nontransparent, fail to in- yield myself such time as I may con- lar credit scores have seen their credit form consumers about the terms of credit sume. cut in half in the territory comprising available, and do not comply with State and I rise today in strong support of H.R. the Second Circuit. We simply cannot Federal laws (including regulations). 3299, the Protecting Consumers’ Access allow this to happen. SEC. 3. RATE OF INTEREST AFTER TRANSFER OF to Credit Act of 2017, a most important Now, Mr. Speaker, thanks to Presi- LOAN. goal of this Chamber. H.R. 3299 is an dent Trump and Congress passing the (a) AMENDMENT TO THE REVISED STAT- important bill that is cosponsored by a Tax Cuts and Jobs Act, we are begin- UTES.—Section 5197 of the Revised Statutes bipartisan group of Members of the ning to see this economy start to take (12 U.S.C. 85) is amended by adding at the end the following: ‘‘A loan that is valid when House and was approved by the House off. We are finally seeing wages begin made as to its maximum rate of interest in Financial Services Committee with a to grow after 8 years of failed economic accordance with this section shall remain very strong bipartisan vote of 42–17. policy, but so much work remains to be valid with respect to such rate regardless of I would like to start out by thanking done for working American families. whether the loan is subsequently sold, as- my colleague, the gentleman from We have heard, on our Financial signed, or otherwise transferred to a third North Carolina (Mr. MCHENRY), the Services Committee, Mr. Speaker, from party, and may be enforced by such third vice chairman of the committee, for in- so many of these families who are try- party notwithstanding any State law to the troducing this legislation and leading ing to make ends meet, and it is just contrary.’’. (b) AMENDMENT TO THE HOME OWNERS’ our congressional efforts to help create vital that they be able to access credit. LOAN ACT.—Section 4(g) of the Home Owners’ a regulatory framework which will en- Americans like Alan from New Loan Act (12 U.S.C. 1463(g)) is amended by courage the growth of financial tech- Hampshire, who recently had trouble adding at the end the following: nology and expand much-needed access finding credit through traditional

VerDate Sep 11 2014 01:37 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K14FE7.034 H14FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 14, 2018 CONGRESSIONAL RECORD — HOUSE H1149 banks and credit unions due to the reg- terest rates that would otherwise be il- allow payday lenders to use banks as a ulatory load. As he explained: ‘‘But for legal because they exceed State caps. front for predatory behavior and the my local dealer’s efforts on my behalf, Now, this bill is an attempt to over- of State interest rate caps. there is no doubt I would not be driving turn a court decision related to the Payday loans drain wealth from low- my current car. And this was a des- legal concept of ‘‘valid when made’’ income consumers, particularly those perate situation, as I am the sole in- from the Second Circuit Court of Ap- in communities of color, and payday come earner for my family. My wife is peals in Madden v. Midland Funding, loans trap their borrowers into a cycle ill, and we have two young children in LLC. In that case, the court held that, of debt that it takes years to climb out school. After my old vehicle broke when loans are transferred from banks of with high interest rates that are down, I needed to find reliable replace- to nonbank third parties, they must often in excess of 300 percent. ment transportation so I could get to maintain the same terms, rates, and So let’s be clear. Instead of simply work and continue to provide for my conditions as required by the State overturning the Madden decision, H.R. family.’’ where the originating bank is char- 3299 would go far beyond that and cod- Mr. Speaker, we should not let the tered. ify an expanded preemption power Second Circuit prevent Alan from get- Despite claims by proponents of the without any proof that it will benefit ting that car loan he desperately needs bill, legal experts have explained in consumers. In fact, all we do know is in order to get to work as the sole pro- testimony that ‘‘the valid-when-made that the bill will make it easier for bad vider for his family. doctrine is a modern invention, not a actors to evade safeguards that States A small-business owner from Utah cornerstone of U.S. banking law.’’ have put in place to protect borrowers. named Maxine applied for a loan for The Madden decision is only the rule We cannot advance a bill that will her 37-year-old established business so of law in the States under the Second allow nonbanks like payday lenders to she could update and purchase equip- Circuit, which are Connecticut, New ignore State interest rate caps and ment to support a contract that would York, and Vermont. Some industry ad- make high-rate loans. While Congress have led to the creation of 50 addi- vocates, particularly marketplace has preempted some State laws for na- tional jobs. She explained: ‘‘Three lender fintechs, have argued the ruling tional banks, it did not authorize na- banks informed us that our rating, ac- and confusion about valid when made tional banks to extend the privilege to cording to new bank regulations im- caused such great market ambiguity whatever entities they so choose. posed by Dodd-Frank, disqualified us that it has resulted in reduced lending I urge my colleagues to oppose this from loan consideration.’’ to needy borrowers in those States, but bill. Fifty jobs, poof, gone, Mr. Speaker. those claims have not been substan- Mr. Speaker, I reserve the balance of So is not Dodd-Frank bad enough? tiated. my time. Now we are going to add this Second The only purported evidence we have Mr. HENSARLING. Mr. Speaker, I Circuit opinion to deny credit, which, on the effect of the Madden rule is a yield 5 minutes to the gentleman from for lower credit score individuals, has single, unpublished study that cannot North Carolina (Mr. MCHENRY), vice cut credit opportunity in half? even be peer-reviewed because it relies chairman of the committee and spon- I don’t think so. I don’t think so. It on private data from a single, unidenti- sor of the legislation. is not up for the unelected to make fied marketplace lender, and the au- Mr. MCHENRY. Mr. Speaker, I want such decisions. thors of that study have not endorsed to thank the chairman for his kindness We cannot continue to allow, Mr. this bill. In addition, 20 State attor- in working with me and my team on Speaker, Washington red tape and the neys general, including the attorneys bringing this bill to the floor today, Second Circuit to cut off credit oppor- general for all three States under the and I want to thank his staff as well. tunities for hardworking Americans. Second Circuit, oppose this legislative What we have today is the Protecting As the bill says: ‘‘We must preserve change. Consumers’ Access to Credit Act, a bi- and protect consumers’ access to cred- But do you know what? Predatory partisan piece of legislation that we it.’’ lenders are worried about the Madden have both Republicans and the Demo- I urge every Member to support this case for a different reason. crats in the Senate in support of as very important bipartisan bill. Elevate, an online payday lender, is well as Democrats and Republicans Mr. Speaker, I reserve the balance of afraid that they won’t be able to con- here in the House of Representatives my time. tinue making predatory loans if the supportive of. Madden decision stays in place. In The issue we are dealing with is one b 1415 their public filings with the SEC, Ele- of the biggest challenges facing our Ms. MAXINE WATERS of California. vate said: country, which is the decline of lending Mr. Speaker, I yield myself such time To the extent that the holdings in Madden to consumers and small businesses in as I may consume. were broadened to cover circumstances ap- small towns and rural communities Mr. Speaker, I rise today in opposi- plicable to Elevate’s business or if other liti- like the ones I represent in western tion to H.R. 3299, or the so-called Pro- gation on related theories were brought North Carolina. It is the same issue tecting Consumers’ Access to Credit against us and were successful, we could be- facing so many in urban settings as Act of 2017. There is a good reason over come subject to State usury limits and State licensing laws in addition to the State con- well. This touches all of America. 200 civil rights, consumer, faith-based, sumer protection laws to which we are al- But the story in rural America is housing, labor, and veterans advocacy ready subject. In a greater number of States, bleak. Community banks are closing at organizations oppose this bill. The type loans in such States could be deemed void a rapid pace, and small businesses are of credit that this bill helps consumers and unenforceable, and we would be subject struggling to find loans. Many Ameri- access is the kind that makes it easier to substantial penalties in connection with cans don’t have the savings to cover a for vulnerable consumers to sink into such loans. common $1,000 emergency like a car re- insurmountable debt like payday and Mr. Speaker, I do not doubt the sin- pair. That is not just a rural issue; that other high-cost loans. cerity of the good actors that may be touches all American communities. H.R. 3299 expands the ability of trying to navigate a difficulty the Mad- The good news is, after the financial nonbanks to preempt State-level con- den ruling potentially caused, but this crisis, innovative companies and banks sumer protections by stating that the is not just about those businesses, be- partnered together to find new ways to interest rate on any loan originated by cause H.R. 3299 would go much further help hardworking Americans and a national bank that is subsequently to allow other third parties, including small-business owners. They call it transferred to a third party, no matter payday lenders, to evade or outright fintech. how quickly after it is originated, is disregard State-level laws and collect These innovative companies partner enforceable, which incentivizes riskier debt from borrowers at unreasonably with banks to help small businesses get and predatory lending. H.R. 3299 ad- high rates of interest if they purchase a loan. They help young people get out vances a dangerous precedent by allow- loans from a national bank. These ar- of student debt. They help everyday ing third parties that purchase loans rangements are called rent-a-bank or Americans find the financing they need from national banks to collect on in- rent-a-charter agreements, and they to lead better lives.

VerDate Sep 11 2014 01:37 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K14FE7.035 H14FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H1150 CONGRESSIONAL RECORD — HOUSE February 14, 2018 Now, this should be something her- tually focus on what is important and Ms. MAXINE WATERS of California. alded by both parties. It shouldn’t be a necessary about this legislation. They I yield an additional 1 minute to the partisan issue. It shouldn’t be left or are straw men that don’t have any- gentleman from California. right, conservative or liberal. It is a thing to do with the contents of this Mr. KHANNA. This is going to hurt good thing that is happening with in- very simple, bipartisan piece of legisla- ordinary folks who can’t make pay- novation and different modes of lend- tion. check to paycheck, and they are going ing and borrowing in this country. Mr. Speaker, I ask my colleagues to to have to pay these exorbitant inter- And while this era of financial inno- vote for this. est rates. vation is brand-new, the actual struc- Ms. MAXINE WATERS of California. Now, if the majority comes up with a ture supporting fintech is based on one Mr. Speaker, I yield 2 minutes to the bill that says we want to expand the of the oldest bedrock principles in gentleman from California (Mr. SBA, we want to expand figuring out American law. The fundamental con- KHANNA), vice chair of the Congres- how to get venture capital into rural cept is called valid when made. sional Progressive Caucus. America, we want to expand the earned Valid when made, or what the Su- Mr. KHANNA. Mr. Speaker, I rise in income tax credit so that people have preme Court referred to in 1833 as ‘‘the opposition to this bill, Protecting Con- more money in their pocket so that cardinal rule’’ of American interest sumers’ Access to Credit Act. they can make a living and meet their rate laws, provides the legal foundation I represent Silicon Valley, and I am daily expenses, I agree. for how fintech companies partner with not opposed to fintech. Let’s be very If they say, look, all the capital, 85 banks. clear: If there is technology that is percent of the capital is in my district I don’t have to share with the rank- going to make it easier for people to in Massachusetts and New York, and ing member or other Members of our get access to capital, who is opposed to we have got to get the capital into Chamber that banks are heavily regu- that? other States, I agree. But to say that just to use the word lated; and if they even partner with an- But this has nothing to do with ‘‘fintech’’ and to say okay, because other firm, that, too, is a regulated fintech. This has to do with basic State thing. Yet all that changed when the there is something that is going to laws. The question is not: Are we going Supreme Court declined to hear the allow the diffusion of capital, that that to go to the future? The question is: case of Madden v. Midland Funding. means that you should get rid of the In Madden, activist judges on a Fed- Are we going to go back to ‘‘The Mer- State laws capping usury, that is really eral appeals court broke with a long- chant of Venice’’ when usury laws were going back to the Victorian era. I standing legal precedent of valid when allowed? That really is what the issue mean, we had that debate. I was read- made and, instead, held that the 1864 is. ing Shylock; that was what that was National Bank Act did not have a pre- What this bill does, just to be very all about. They were charging four emptive effect on loans created under clear, is it says: If you want to use times as much, and I just don’t think this fintech bank partnership. fintech, if you want to use technology, that that is what people want. Now the legal framework has been now there is no law against being Mr. HENSARLING. Mr. Speaker, I around almost for 200 years, and the charged 380 percent interest. yield myself 10 seconds just to say to particular law that we are dealing with Mr. MCHENRY. Will the gentleman the gentleman who says this is a ma- has been around for 150 years, roughly yield? jority bill, I would also point out it is speaking. This decision, though, has Mr. KHANNA. I yield to the gen- supported by Congressman MEEKS, created uncertainty for fintech compa- tleman from North Carolina. Democrat from New York; Congress- nies, financial institutions, and credit Mr. MCHENRY. Mr. Speaker, is the man CLAY, Democrat from Missouri; markets generally. gentleman asserting there is no law or Congressman SCOTT, Democrat from According to a study from Columbia Federal regulation against federally Georgia; Congressman CLEAVER, Demo- University and Stanford University, chartered banks giving loans to people? crat from Missouri; Congresswoman Madden significantly reduced credit Mr. Speaker, that is not simply the MOORE, Democrat from Wisconsin; Con- availability in that affected region, case. gressman PERLMUTTER, Democrat from and this matters for all Americans be- Mr. KHANNA. Mr. Speaker, let me Colorado; Congresswoman SINEMA, cause of the effect it is having. take back my comment. Democrat from Arizona, and the list What we saw is loan volumes de- Mr. Speaker, I understand the Second goes on. clined and the average FICO score for Circuit decision. The Second Circuit Mr. Speaker, I yield 4 minutes to the borrowers to get a loan increased. That decision basically said that, if you are gentleman from Pennsylvania (Mr. means that, if you are on the margins a bank and if you are a fintech com- ROTHFUS), the vice chairman of our of society, it got harder and more ex- pany and you are in a rural part of the Subcommittee on Financial Institu- pensive for you to get lending. So it is country—and I totally agree with the tions and Consumer Credit. a bad case. Simply put, this should not gentleman; we need more capital to Mr. ROTHFUS. Mr. Speaker, just lis- be happening, and if we are serious rural America; we need more tech tening to some of this debate, it seems about financial inclusion for all Ameri- there. I admire Steve Case’s work, the like some folks just want to find a way cans, we need this bill today. A bipar- ‘‘Rise of the Rest.’’ to vote ‘‘no’’ on this bill when there tisan bill, we need it. But what the Second Circuit said is are many reasons to vote ‘‘yes.’’ And if we are serious about modern- you can’t partner with a national bank I am pleased to rise today in support izing our financial system, we need this and preempt State law. So if North of Vice Chairman MCHENRY’s bill, H.R. bill passed into law. And if we are seri- Carolina has a law saying you can’t 3299, the Protecting Consumers’ Access ous about helping everyday Americans, charge 400 percent interest, if there is a to Credit Act of 2017. I also want to not just the fortunate few with un- bank in New York or a bank in Cali- commend him for his hard work on this blemished credit, we need to pass this fornia that wants to charge 400 percent very important issue. bill. interest just because they have some Under the valid-when-made doctrine, I am pleased this legislation enjoys magical fintech, they can’t charge peo- the interest rate on a loan that com- support from my colleagues on both ple 400 percent interest in North Caro- plies with Federal law when it is made sides of the aisle. I want to thank Rep- lina or Arkansas. will remain valid, regardless of wheth- resentative MEEKS, Democrat, of New I am all for giving more capital at af- er that loan is transferred to a third York; Senator MARK WARNER, Demo- fordable rates and using technology to party. This is an important principle, crat, of Virginia; and Senator PAT help rural America. and it is essential to maintaining a vi- TOOMEY, Republican, of Pennsylvania, We have done a terrible job of that. I brant secondary market and fostering who worked hard on this bipartisan, bi- concede that point. But this is not the continued growth in the online lending cameral legislation. It is important. It way to do that. industry. is needed. It will have a positive im- The Second Circuit’s decision in pact on people’s lives. b 1430 Madden v. Midland, which challenged All arguments that have been made The SPEAKER pro tempore. The the valid-when-made doctrine, intro- against this bill on the floor don’t ac- time of the gentleman has expired. duced significant uncertainty and risk,

VerDate Sep 11 2014 01:37 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K14FE7.037 H14FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 14, 2018 CONGRESSIONAL RECORD — HOUSE H1151 threatening both the secondary market The SPEAKER pro tempore. Mem- own usury laws, which make it illegal and fintech lending partnerships. This bers are reminded to direct their re- for lenders to charge outrageously high ultimately hurts consumers. marks to the Chair. interest rates on their residents. At the Financial Services Com- Mr. HENSARLING. Mr. Speaker, I This is a core consumer protection mittee, we have extensively discussed yield 2 minutes to the gentleman from issue, and if we allow lenders that the difficulty that many Americans North Carolina (Mr. PITTENGER), the aren’t subject to the strict Federal reg- face in getting credit. Madden v. Mid- vice chairman of the Terrorism and Il- ulations for banks to circumvent State land will only intensify that challenge licit Finance Subcommittee. regulations too, then we are just for families and Main Street businesses Mr. PITTENGER. Mr. Speaker, I throwing consumers to the wolves, re- as it jeopardizes the ability of banks to thank the chairman for his leadership, moving protections. sell loans into the secondary market. and I thank Congressman MCHENRY, I know that some people have If banks find it difficult to sell debt also. claimed that this bill would promote to nonbanks, a common and healthy Mr. Speaker, I rise today to just, re- innovation by allowing financial tech- practice, they will be forced to become gretfully, say that this ruling, Madden nology companies to better serve lower more restrictive in offering credit, and v. Midland, is just another layer of Big income customers; but let’s be clear. they may do so at a higher cost. Be- Brother, a misguided ruling by some The only loans that would be allowed cause of this, fewer consumers will be people of good intentions and goodwill, by this bill that aren’t already allowed able to access the funds they need to but the net effect is fewer choices for are loans that violate State usury laws build, invest, and innovate. the American people. that are put in place in States to pro- Throughout the course of the slow Mr. Speaker, I think we have seen tect their consumers. Why in the world and uneven postcrisis economic recov- what has happened as a result of Dodd- would we want to do that to people? ery, we settled into a two-speed econ- Frank. We saw what happened to the I am sorry, but there is nothing inno- omy. The biggest and richest and best- American economy. We saw what hap- vative about usury, and there is noth- connected firms have done just fine. pened to the American consumers. ing innovative about gouging low-in- They have a relatively easy time ac- Mr. Speaker, regrettably, it is the come consumers with outrageous inter- cessing funds. Small businesses, how- low-income, minority people who have est rates. This is a terrible, terrible ever, have been struggling to keep up. suffered the most in the last decade as bill. In fact, many haven’t even gotten off a result of the misguided regulations So this bill is not about innovation. the ground. that were put upon the American peo- It is about taking away protections for Researchers found that our economy ple. Big Brother really doesn’t have the consumers from predatory loans. Why is currently missing 650,000 small busi- answers. in the world would we want to do that nesses; that is 650,000 fewer businesses What we do have is the opportunity to people? that can innovate, create jobs, and in- to provide choices for the American I urge my colleagues, I urge them to vest in our communities. And those people, and that is what H.R. 3299 is all protect consumers and to oppose this 650,000 businesses would have rep- about. bill. resented 61⁄2 million jobs, 61⁄2 million Mr. Speaker, in North Carolina, we Mr. HENSARLING. Mr. Speaker, I taxpayers, 61⁄2 million people contrib- have lost 50 percent of our banks be- yield 2 minutes to the gentleman from uting to help Social Security and Medi- cause of this misguided regulatory Colorado (Mr. TIPTON), vice chairman care and helping to pay for our vet- overmanagement by the Federal Gov- of the Subcommittee on Oversight and erans’ care. Anyone who travels this country ernment. There is less access to capital Investigations. Mr. TIPTON. Mr. Speaker, it is inter- talking to small-business owners and credit for small business. There is esting being able to listen to this de- knows that access to credit is a major less access to capital for that indi- cause. By codifying valid when made, vidual who has a real need. Maybe they bate. The common ground is we want this bill will help to address one of the want to start something, or maybe to be able to have consumers have ac- most pressing threats to our economic they have an emergency in their fam- cess to capital, and we also want re- recovery and the resurgence of Amer- ily. sponsible lending. We now need to reset ican small business. This is what this bill is all about, and this debate to the that is being As the OCC’s former Acting Comp- we need to be behind it. We need to faced on the ground. troller Keith Noreika noted, this ‘‘pro- support it. We need to understand that In an already challenging loan envi- posal supports economic opportunity.’’ the American people know how to ronment for many banks nationwide, H.R. 3299 will help to keep credit make good choices. We need to trust the Madden v. Midland decision has flowing through to those who need it, the American people and not trust Big further limited the ability of national while ensuring that consumers are pro- Brother and the Big Government. banks to be able to issue credit. Be- tected. This is a commonsense fix that Ms. MAXINE WATERS of California. cause of the court’s decision not to provides the market with the clarity Mr. Speaker, I yield myself such time apply the valid-when-made doctrine to needed to support continued economic as I may consume. its decision, which would have pre- growth. I urge my colleagues to sup- I would like to remind Mr. PITTENGER served lawful interest rates originated port the Protecting Consumers’ Access that his State, North Carolina, again, by a bank for nonbanks and third par- to Credit Act of 2017. along with Mr. MCHENRY, attorneys ties, access to credit and risk mitiga- Ms. MAXINE WATERS of California. general have opposed this bill. They do tion tools have been placed into jeop- Mr. Speaker, I yield myself such time not like this bill, and I just want to re- ardy. as I may consume. mind them that they don’t have the The legal uncertainty resulting from Both of the gentlemen, Mr. MCHENRY support of their States in doing so. the Madden decision has led to a reduc- and Mr. ROTHFUS, who are advancing Mr. Speaker, I yield 2 minutes to the tion in responsible and affordable lend- this legislation come from States that gentlewoman from New York (Mrs. ing, and has limited consumers’ access don’t support it. CAROLYN B. MALONEY), the ranking to better and cheaper choices. Mr. MCHENRY, North Carolina has member of the Capital Markets, Secu- Fortunately, the vice chairman’s leg- banned payday lending. Mr. ROTHFUS, rities, and Investments Subcommittee islation, the Protecting Consumers’ Pennsylvania has banned payday lend- on the Financial Services Committee. Access to Credit Act of 2017, would re- ing. And here you have a bill that Mrs. CAROLYN B. MALONEY of New assert the valid-when-made principle, would allow payday lenders to buy up York. Mr. Speaker, I thank the rank- to ensure that a loan that is valid at debt from national banks and, basi- ing member for yielding and for her ex- its inception cannot become invalid or cally, charge consumers whatever they traordinary efforts to protect con- unenforceable upon a subsequent trans- would like to charge them. They would sumers by opposing this bill. fer to another person or party. get around the ban of your own States. Mr. Speaker, I rise in very strong op- This legislation promotes healthy fi- Do you really want to do this? position to H.R. 3299. I don’t think that nancial markets and would help im- Mr. Speaker, I reserve the balance of we should be doing anything to take prove the often-limiting loan environ- my time. away States’ authority to enforce their ment facing banks nationwide. This

VerDate Sep 11 2014 01:37 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K14FE7.038 H14FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H1152 CONGRESSIONAL RECORD — HOUSE February 14, 2018 measure is important for our families The bottom line is that this bill is these speakers on the opposite side of and small businesses, for whom access not helping our consumers, but, rather, the aisle who are coming here to sup- to credit is critical to success. lining the pockets of predatory lenders port a bill that will open up the oppor- Further, this legislation ensures that who are looking for any way around tunity for payday lenders to basically innovative marketplace lending re- State interest rate caps and consumer rent a bank and put these payday loans mains intact while simultaneously pro- protections. out there at exorbitant amounts. viding safe consumer protections. Mr. Speaker, I reserve the balance of Mr. Speaker, again, this is rather odd I would like to thank Mr. MCHENRY my time. to see so many Members representing, for supporting and developing this bi- Mr. HENSARLING. Mr. Speaker, I supposedly, their constituents who partisan legislation to be able to help yield 2 minutes to the gentleman from come from States where payday lend- preserve access to credit for those who Minnesota (Mr. EMMER), a hardworking ing has been banned and their attor- need it most, and I encourage my col- member of the Financial Services Com- neys general oppose this legislation. leagues to support the measure here mittee. Mr. Speaker, I reserve the balance of today. Mr. EMMER. Mr. Speaker, I thank my time. Ms. MAXINE WATERS of California. the chairman for yielding me time. Mr. HENSARLING. Mr. Speaker, I Mr. Speaker, I yield myself such time Mr. Speaker, I rise today to support yield myself 2 minutes. as I may consume. another bill which builds on the good Mr. Speaker, number one, just for the Mr. Speaker, you have heard those of work of the House Financial Services RECORD, it is Mr. ROTHFUS from Penn- us who are opposed to this legislation Committee. sylvania and Mr. PITTENGER from repeat over and over again that this is The Protecting Consumers’ Access to North Carolina. Since we serve with all about predatory lending; that this Credit Act takes an important step to these colleagues, it would be nice to bill would open the gates wide to the provide certainty through our financial learn their names. kind of abuses that we have been fight- system and to support consumers. Mr. Speaker, what the ranking mem- ing so hard against. A 2015 court decision that we have ber is proposing is to take away credit Mrs. MALONEY asked the questions: heard other speakers talk about today, opportunities for those who need it the Why do you want to do this to your Madden v. Midland, is making it dif- most. constituents? Why do you want to do ficult for online lenders to offer busi- The greatest credit program is a this to the very consumers that we are nesses the funds they need to grow and competitive marketplace. And, unfor- supposed to be protecting? succeed. tunately, the policy that she is advo- I have raised a question to those who In Madden, the court held that, while cating, this Second Circuit court case, come from States where the attorneys the National Bank Act allows a feder- has cut credit opportunities in half. general oppose this legislation. The ally chartered bank to charge interest That means people are paying more. In gentlemen from North Carolina and under the laws of its home State on many respects, this is a more usurious Pennsylvania, who are here in support loans it makes nationwide, nonbanks result than what the ranking member of this bill, they are ignoring the fact that acquire these loans may not be is otherwise claiming will happen with- that their State attorneys general are able to maintain the same rate of in- out the Second Circuit decision. saying that this bill is a bad bill. Of course, if H.R. 3299 was really terest since nonbanks are subject to Again, I alluded to it in my opening about expanding access to underserved limits of the borrower’s State. statement, but we have the definitive At a time when lenders are eager to populations, as the proponents claim, academic study. We don’t have to guess help consumers and businesses gain ac- then they may be surprised to learn at this, Mr. Speaker. They studied cess to capital, Congress needs to step that the Nation’s leading civil and con- those with lower credit scores in the in to check this misguided ruling. sumer groups are all opposed to this Second Circuit. When a federally chartered bank And what did they find out? legislation because it will harm con- originates the interest on a loan, that I will quote from the study. The re- sumers, not help them. interest rate should remain consistent. sults presented in figure 3 indicate that b 1445 Representative MCHENRY’s legisla- the FICO increase was caused by a de- According to a news article from last tion provides that fix by codifying the cline—a decline—in lending to lower November, there is a reason the legal doctrine of valid when made. quality borrowers. NAACP, the Southern Poverty Law Further, it helps community banks Thank you, Second Circuit. Center, the National Consumer Law and credit unions access secondary The pattern is most obvious for the Center, the Consumer Federation of markets they need to generate liquid- lowest quality borrowers, those with America, and dozens of churches, wom- ity while also enabling new and emerg- FICO scores below 625. The growth rate en’s groups, and antipoverty organiza- ing financial technology innovators to for these borrowers in Connecticut and tions from around the country have de- find easier ways for consumers and New York was a negative 52 percent. nounced the bill. businesses to access credit and capital. Mr. Speaker, that means they had In September, those groups wrote a Mr. Speaker, I appreciate the hard their credit opportunities cut in half. joint letter to Congress warning that work of my colleague, our chief deputy So exactly what the ranking member H.R. 3299 ‘‘wipes away the strongest whip, on this important legislation. I says that she wants to do to help these available tool against predatory lend- encourage all of the Members of this people, she is hurting these people; ing practices’’ and ‘‘will open the flood- body to support the Protecting Con- taking away their opportunities to buy gates to a wide range of predatory ac- sumers’ Access to Credit Act. a home or taking away their opportu- tors to make loans at 300 percent an- We must fix the misguided Madden nities to buy a car when they may be nual interest or higher.’’ ruling and take another step forward in the sole breadwinner for their family; The article goes on to say: ‘‘But you supporting consumers, financial inno- taking away opportunities, perhaps, to don’t have to take the NAACP’s word vation, and our lenders that serve as send somebody to college. for it, just take a look at the compa- the backbone of Main Street America. The SPEAKER pro tempore. The nies who are lobbying in favor of H.R. Ms. MAXINE WATERS of California. time of the gentleman has expired. 3299.’’ Mr. Speaker, this is odd. Here, we have Mr. HENSARLING. Mr. Speaker, I Well, they aren’t many, as it is a another Member of Congress, whose yield myself an additional 30 seconds. complicated and obscure issue. But one State attorney general opposes the bill, And then this so-called radical bill of of them, according to a Federal lob- and who has banned payday lending. the gentleman from North Carolina, I bying disclosure form, is a firm called So, here, Mr. EMMER is joining with would note it is a Democrat bill in the CNU Online Holdings, LLC. Most cus- Mr. MCHENRY and Mr. PITTENGER, Senate. The exact companion bill is tomers of CNU Online Holdings don’t whose State opposes the bill, North carried by a Democrat Senator, Sen- even realize they use it. They are more Carolina. Again, the two of them are in ator WARNER from Virginia. It is a familiar with CNU’s parent company, opposition to their own State’s attor- Democrat bill. It is bipartisan. It is payday lending giant Enova Financial; ney general. And now we have Mr. supported by at least nine Members of or its flagship brand, CashNetUSA. ROTHFUS from Pennsylvania and all of the ranking member’s party that sit

VerDate Sep 11 2014 01:37 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K14FE7.040 H14FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 14, 2018 CONGRESSIONAL RECORD — HOUSE H1153 with her in our hearings. Clearly, they House Financial Services Committee b 1500 heard something she didn’t hear. that actually support this legislation. Ms. MAXINE WATERS of California. Again, Mr. Speaker, it is important Mr. Speaker, I yield 2 minutes to the Mr. Speaker, I yield myself such time to note that what the Second Circuit gentleman from Michigan (Mr. TROTT), as I may consume. has done is change settled law that has a member of the Financial Services Mr. Speaker, Chairman HENSARLING been settled law for over 200 years; that Committee. will completely not only cut credit op- has named the Members on my side of Mr. TROTT. Mr. Speaker, I rise in the aisle, the Democrats who support portunities in the Second Circuit, but support of H.R. 3299, the Protecting cut credit opportunities all over Amer- this bill. None of them are on the floor Consumers’ Access to Credit Act. at this time. None of them came here ica. I thank my good friend from North We cannot allow that to happen. to defend the position that they took. Carolina (Mr. MCHENRY) for his leader- Mr. Speaker, I reserve the balance of Some of them are reconsidering the ship on this bipartisan, commonsense vote that they took, and so I don’t my time. bill. Ms. MAXINE WATERS of California. want him to try and wrap this bill Mr. Speaker, I yield myself such time This is a commonsense piece of legis- around the fact that there were some as I may consume. lation that is sponsored by two Repub- Democrats who supported it. Mr. Speaker, I think my friend on licans, two Democrats. It passed out of This is a Republican bill. This is a the opposite side of the aisle, the chair- our committee with a vote of 42–17. It bill by the opposite side of the aisle man, is right. I must make sure that I is the kind of bipartisan solution that that supports payday lending and the am correct in the way that I identify the American people expect from their ability for payday lenders to continue my colleagues, who they are and what elected officials. to exploit their consumers in a new and States they come from. Yet, opponents of this bill want peo- different way. They simply allow them So I would like to repeat: Mr. ple to believe that it will hurt con- to buy up this debt from the national MCHENRY is from North Carolina. Mr. sumers. We heard similar rhetoric on banks to be able to basically overcome PITTENGER is from North Carolina. The the recent tax bill passed in Congress. usury laws. attorney general from that State op- In fact, we still hear it, even though So while he would like everyone to poses this bill, and this State has millions of Americans are getting bo- believe there is all of this great Demo- banned payday lending. nuses, taking new and better jobs, and cratic support and he keeps saying over Also let me just mention that Mr. seeing their savings account grow. and over again how bipartisan this bill ROTHFUS from Pennsylvania is another Now, let’s be clear. This bill will is, none of them are on the floor at this one who is opposed by his attorney allow banks and credit unions to sell time. None of them came here to de- general. His attorney general is op- certain loans to investors, thus diversi- fend their position. None of them have posed to this bill, is opposed to his rep- fying their risk and freeing up capital said, ‘‘I know that I am absolutely cor- resentation, and Pennsylvania has that can be used to issue more loans in rect.’’ As a matter of fact, some of banned payday lending. local communities. Imagine that. them are raising questions about Of course, we were joined by Mr. Why is this commonsense legislation whether or not they should have voted EMMER, who is from Minnesota. Min- necessary? for the bill, understanding it in one nesota is in the same position as North A recent case out of the Second Cir- particular way, and some now under- Carolina and Pennsylvania. The attor- cuit ruled that certain loans would be standing what it really does. ney general of Minnesota opposes this valid when held on the books of a bank, So I thank the gentleman for his po- bill, and Minnesota bans payday lend- but would be invalid the minute they sition, and I thank him for being a ing. are sold to investors. strong advocate for his position. I So let’s be clear. We want to make I fail to see how a loan becomes more thank him for at least stepping up to sure that everybody understands who dangerous, usurious, or otherwise prob- the plate to say, in essence, he believes these Members are who are coming lematic because the owner of the loan that he is doing the right thing, despite here in opposition to their attorneys has changed. This is like saying a the fact that he has got Members on general, in opposition to their State. house’s roof becomes leaky the minute that side of the aisle who are going These are Representatives from States you sell it to your neighbor. This is the against their own States’ attorneys that oppose this bill. These are Rep- sort of logic that can only thrive in general. resentatives from States who have Washington. But let us not believe that this is banned payday lending. What happens when banks and credit some great Democratic bill. It is not. So I want to be sure that I agree with unions can no longer sell loans on the Mr. Speaker, I reserve the balance of my chairman. We should let everyone public market? my time. know who they are. We should pro- They issue fewer loans. Fewer young Mr. HENSARLING. Mr. Speaker, I nounce their names correctly. We parents can get a mortgage for their yield myself 10 seconds just to say— should be sure that all of their con- new home. Fewer single mothers can with the exception of the gentlewoman stituents understand who their Rep- get a loan for a new car. Fewer stu- from New York (Mrs. CAROLYN B. resentatives are and what they are dents can get a critical loan to pay for MALONEY)—I don’t see any of the com- doing here today on this bill that will their first year of college. Fewer busi- mittee Democrats on the floor, even help to explode predatory lending. those who are supporting the ranking This is the rent-a-bank bill that nesses can get loans to bring innova- member’s position. would allow payday lenders to buy up tive ideas to the market to create jobs. debt from national banks and be able This bill is not rent-a-bank. It will I am now pleased to yield 2 minutes to charge whatever they would like, 300 not result in usurious interest rates. to the gentleman from North Carolina percent and more, to the unsuspecting I recently was at a restaurant and I (Mr. BUDD), a hardworking member of consumers. struck up a conversation with the the Financial Services Committee. So I thank the chairman for helping waitress. She can’t get a mortgage. She Mr. BUDD. Mr. Speaker, I thank the me to make that clear. can’t buy a home, even though she and chairman and my friend and colleague Mr. Speaker, I reserve the balance of her husband have good credit. That is from North Carolina, the deputy whip, my time. the kind of problem we are trying to for his leadership on this very impor- Mr. HENSARLING. Mr. Speaker, I address. tant issue. yield myself 10 seconds just to say: Ap- Mr. Speaker, I would ask the oppo- Mr. Speaker, I rise today in strong parently, Mr. MEEKS is abusing these nents of this bill to put aside politics support of this bipartisan legislation, consumers, as is Mr. CLAY, as is Mr. and to join me in supporting legisla- the Protecting Consumers’ Access to SCOTT, as is Mr. CLEAVER, as is Ms. tion that will help young families, new Credit Act of 2017. MOORE, as is Mr. PERLMUTTER, as is Ms. businesses, and students. This bill will Mr. Speaker, we are on the verge of SINEMA, as is Mr. HECK, and as is Mr. make credit accessible, and I urge all something special in the financial serv- GOTTHEIMER, all Democrats on the Members to vote for it. ices space with financial technology

VerDate Sep 11 2014 01:37 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K14FE7.042 H14FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H1154 CONGRESSIONAL RECORD — HOUSE February 14, 2018 opening the industry up to amazing in- and much-needed rule on payday vehi- but it is also the case in 47 out of 50 novation. However, as many of us gath- cle title and certain high-cost install- States. And I don’t think those three ered here today know, the Second Cir- ment loans. That rule, put in place States, the consumers or the citizens of cuit’s decision in the Madden v. Mid- under the leadership of Richard those States, should be disadvantaged land Funding case has put this innova- Cordray, would require payday lenders by not being able to access affordable tion and movement in jeopardy. It has to ensure that consumers can actually capital to be able to grow better fu- done so by undermining a long-held afford to pay off their loans. tures. That is what I hear back home is principle which has left fintech lenders Essentially, Donald Trump and Mick they want the opportunity to get loans, and the secondary credit market with Mulvaney are helping out payday lend- to get credit, to get more chances for issues that need to be addressed. ers by undermining the Consumer Bu- them to build better financial futures. Luckily, Mr. MCHENRY’s legislation reau’s rule as well as rolling back and And, frankly, this bill does that. It provides a much-needed fix to the Sec- undermining many of the other critical solves the problem of uncertainty, and ond Circuit’s decision by codifying the protections put in place by Democrats capital flees uncertainty. This makes valid-when-made legal doctrine. This in the Dodd-Frank Wall Street Reform clear what has been the law of the common law principle has been around and Consumer Protection Act. land. It doesn’t change State usury and accepted in the financial services On top of his pull to reconsider the laws. It doesn’t impact payday. It space for some time now. This bill will payday rule, Mulvaney has also drawn merely restates that which we have op- ensure that innovative lending prac- a Consumer Bureau lawsuit against a erated under for decades before this tices remain intact, allowing creative group of payday lenders who allegedly Second Circuit decision and says the and innovative sources of capital to failed to disclose the true cost of loans law in 47 States should be the law in 50 reach the consumer and small busi- which had interest rates as high as 950 States. nesses. This is important because it percent a year. Valid when made is an important as- will help to preserve the relationship Mr. Speaker, Congress should be pect of our financial markets and en- between banks and fintech firms. standing up for and enhancing protec- suring that we can turn over capital I am thankful this legislation is com- tions for consumers, not legislating to more frequently, thus, get more capital ing up for a vote today because it is make it easier for hardworking Ameri- out to more individuals. And, frankly, greatly needed and, if enacted, will cans to be drawn into payday debt that is what we are here fighting for: help our economy continue to grow. traps. making sure everybody gets the oppor- This body must continue to serve as an H.R. 3299 is widely opposed by over tunity to participate in a better econ- advocate for innovation in the credit 200 consumer and civil rights groups, omy by building a financial future. and financial technology space be- including the Leadership Conference on H.R. 3299 goes a long way in solving cause, ultimately, it will benefit com- Civil and Human Rights, the NAACP, that problem by a very simple, very munity development, job creation, and, the National Consumer Law Center, narrow fix in ensuring those three most importantly, the consumer. the Southern Poverty Law Center, and States get to participate in the benefit Mr. Speaker, I urge adoption of this many others. of a vibrant secondary market just like bipartisan and commonsense piece of And so I think it is clear what we are the 47 other States outside of the Sec- legislation. advocating on this side of the aisle. We ond Circuit. Ms. MAXINE WATERS of California. are simply saying that we should not Mr. Speaker, I rise in support of the Mr. Speaker, I yield myself the balance create this loophole, that we should legislation and encourage all Members of my time. understand the struggle that many of here to support this legislation. There was a reference to Senator us have been in to try and keep payday Mr. HENSARLING. Mr. Speaker, WARNER, and he said that the Madden lenders from going into the most vul- may I inquire how much time I have fix bill must address the payday lender nerable neighborhoods, targeting the remaining. loophole. I alluded to some of this kind most vulnerable people, taking advan- The SPEAKER pro tempore. The gen- of thinking about those who may have tage of folks who have no place to turn tleman from Texas has 11⁄2 minutes re- supported the bill without really giving and who need a few dollars until pay- maining. a lot of thought to this loophole, but I day, taking advantage of them and Mr. HENSARLING. Mr. Speaker, I just want you to know that even the trapping them into these loans and cre- yield myself the balance of my time. author of the bill, Senator WARNER, is ating all of this debt for them. Mr. Speaker, the ranking member saying that the Madden fix bill must This would just go a long way to con- has lamented that she has heard from address payday lender loopholes. tinue that kind of madness, and so I few Democrats on this matter, so let Mr. Speaker, H.R. 3299 is ultimately would urge Members to vote ‘‘no’’ on me take the liberty of quoting from a bill that would make it easier for bad the bill. Congressman GREG MEEKS, a Democrat actors to get around interest rate caps Mr. Speaker, I yield back the balance from New York, the lead Democratic that States have put into place to pro- of my time. cosponsor of the bill, who said, during tect borrowers from predator payday Mr. HENSARLING. Mr. Speaker, I markup: pit traps. Let’s be clear: the avail- am pleased to yield 2 minutes to the This bill would facilitate such affordable ability of affordable credit is very im- gentleman from Indiana (Mr. HOL- lending to those who need it the most. portant in every community, and we LINGSWORTH), another hardworking He goes on to say: should work together in ways to make member of the Financial Services Com- H.R. 3299 is a community bank bill. sure that underserved communities mittee. Fintech firms have partnered with small have fair access to credit and banking Mr. HOLLINGSWORTH. Mr. Speaker, community banks and provided these insti- services. there are many days when we stand in tutions with technological expertise needed But measures like H.R. 3299 do not this Chamber and I specifically talk to contend with larger competitors. In fact, productively advance that goal. In fact, about the regulations, the regulations I’m aware that there are fintech firms engag- the bill would do the opposite. It would that are holding back our economy ing with Black-owned banks who have bene- open the door for nonbanks to ignore from growing, holding back consumers fited tremendously from new technologies. States’ strong protections and make from getting the products that they Congressman MEEKS goes on to say: loans with high interest rates. The bill want—we talked about them in very H.R. 3299 is also a small-business bill. Ac- would usher in a wave of harmful, high- sweeping, hyperbolic terms—but this is cording to the Urban Institute, 34 percent of cost payday loans in States where such not one of those days. This is a day my constituents in Jamaica, Queens, who loans were previously disallowed. where, in this bill, we are simply codi- have bank accounts rely on alternative fi- Let’s not forget that last month fying what has been the law of the land nancial service providers, including rent-to- Mick Mulvaney, who President Trump own agreements and refund anticipation for over five decades, what is currently loans because they have unmet lending illegally appointed to serve as Acting the law of the land in 47 out of 50 needs. Madden does little to help these Director of the Consumer Financial States. underbanked individuals. Instead, it shuts Protection Bureau, directed the Con- So not only has this historically been the door to more affordable bank loans fa- sumer Bureau to reconsider its sensible the case, what we are arguing for here, cilitated through partnership models.

VerDate Sep 11 2014 01:37 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K14FE7.043 H14FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 14, 2018 CONGRESSIONAL RECORD — HOUSE H1155 Madam Speaker, I could go on, but Sec. 502. Amendment to civil liability of the Bu- (2) in the second subsection (d), by striking what we are trying to do here is assure reau and other officials. ‘‘(d)’’ and inserting ‘‘(e)’’. that what just happened in the Second Sec. 503. Effective date. TITLE III—FOSTERING INNOVATION Circuit, where credit opportunities are TITLE VI—FINANCIAL STABILITY SEC. 301. TEMPORARY EXEMPTION FOR LOW-REV- cut in half, doesn’t happen nationwide. OVERSIGHT COUNCIL IMPROVEMENT ENUE ISSUERS. The hardworking men and women of Sec. 601. SIFI designation process. Section 404 of the Sarbanes-Oxley Act of 2002 Sec. 602. Rule of construction. America deserve better, and so we (15 U.S.C. 7262) is amended by adding at the end SEC. 2. SECURITIES AND EXCHANGE COMMISSION the following: must support H.R. 3299. RESERVE FUND. ‘‘(d) TEMPORARY EXEMPTION FOR LOW-REV- Madam Speaker, I yield back the bal- Notwithstanding section 4(i)(2)(B)(i) of the Se- ENUE ISSUERS.— ance of my time. curities Exchange Act of 1934 (15 U.S.C. ‘‘(1) LOW-REVENUE EXEMPTION.—Subsection The SPEAKER pro tempore (Ms. CHE- 78d(i)(2)(B)(i)), the amount deposited in the Se- (b) shall not apply with respect to an audit re- NEY). All time for debate has expired. curities and Exchange Commission Reserve port prepared for an issuer that— Pursuant to House Resolution 736, Fund for fiscal year 2018 may not exceed ‘‘(A) ceased to be an emerging growth com- the previous question is ordered on the $48,000,000. pany on the last day of the fiscal year of the bill. TITLE I—TRID IMPROVEMENT issuer following the fifth anniversary of the date of the first sale of common equity securities The question is on the engrossment SEC. 101. AMENDMENTS TO MORTGAGE DISCLO- of the issuer pursuant to an effective registra- and third reading of the bill. SURE REQUIREMENTS. Section 4(a) of the Real Estate Settlement Pro- tion statement under the Securities Act of 1933; The bill was ordered to be engrossed ‘‘(B) had average annual gross revenues of and read a third time, and was read the cedures Act of 1974 (12 U.S.C. 2603(a)) is amend- ed— less than $50,000,000 as of its most recently com- third time. (1) by striking ‘‘itemize all charges’’ and in- pleted fiscal year; and The SPEAKER pro tempore. The serting ‘‘itemize all actual charges’’; ‘‘(C) is not a large accelerated filer. question is on the passage of the bill. (2) by striking ‘‘and all charges imposed upon ‘‘(2) EXPIRATION OF TEMPORARY EXEMPTION.— The question was taken; and the the seller in connection with the settlement An issuer ceases to be eligible for the exemption Speaker pro tempore announced that and’’ and inserting ‘‘and the seller in connec- described under paragraph (1) at the earliest the ayes appeared to have it. tion with the settlement. Such forms’’; and of— ‘‘(A) the last day of the fiscal year of the Mr. HENSARLING. Madam Speaker, (3) by inserting after ‘‘or both.’’ the following new sentence: ‘‘Charges for any title insurance issuer following the tenth anniversary of the on that I demand the yeas and nays. date of the first sale of common equity securities The yeas and nays were ordered. premium disclosed on such forms shall be equal to the amount charged for each individual title of the issuer pursuant to an effective registra- The SPEAKER pro tempore. Pursu- tion statement under the Securities Act of 1933; ant to clause 8 of rule XX, further pro- insurance policy, subject to any discounts as re- quired by State regulation or the title company ‘‘(B) the last day of the fiscal year of the ceedings on this question will be post- rate filings.’’. issuer during which the average annual gross poned. revenues of the issuer exceed $50,000,000; or TITLE II—PROTECTION OF SOURCE CODE ‘‘(C) the date on which the issuer becomes a f SEC. 201. PROCEDURE FOR OBTAINING CERTAIN large accelerated filer. b 1515 INTELLECTUAL PROPERTY. ‘‘(3) DEFINITIONS.—For purposes of this sub- (a) PERSONS UNDER SECURITIES ACT OF 1933.— section: TRID IMPROVEMENT ACT OF 2017 Section 8 of the Securities Act of 1933 (15 U.S.C. ‘‘(A) AVERAGE ANNUAL GROSS REVENUES.—The Mr. HENSARLING. Madam Speaker, 77h) is amended by adding at the end the fol- term ‘average annual gross revenues’ means the pursuant to House Resolution 736, I call lowing: total gross revenues of an issuer over its most re- ‘‘(g) PROCEDURE FOR OBTAINING CERTAIN IN- up the bill (H.R. 3978) to amend the cently completed three fiscal years divided by TELLECTUAL PROPERTY.—The Commission is not Real Estate Settlement Procedures Act three. authorized to compel under this title a person to ‘‘(B) EMERGING GROWTH COMPANY.—The term of 1974 to modify requirements related produce or furnish source code, including algo- ‘emerging growth company’ has the meaning to mortgage disclosures, and for other rithmic trading source code or similar intellec- given such term under section 3 of the Securities purposes, and ask for its immediate tual property that forms the basis for design of Exchange Act of 1934 (15 U.S.C. 78c). consideration in the House. the source code, to the Commission unless the ‘‘(C) LARGE ACCELERATED FILER.—The term The Clerk read the title of the bill. Commission first issues a subpoena.’’. ‘large accelerated filer’ has the meaning given The SPEAKER pro tempore. Pursu- (b) PERSONS UNDER THE SECURITIES EXCHANGE that term under section 240.12b–2 of title 17, ant to House Resolution 736, an amend- ACT OF 1934.—Section 23 of the Securities Ex- Code of Federal Regulations, or any successor change Act of 1934 (15 U.S.C. 78w) is amended ment in the nature of a substitute con- thereto.’’. by adding at the end the following: TITLE IV—NATIONAL SECURITIES sisting of the text of Rules Committee ‘‘(e) PROCEDURE FOR OBTAINING CERTAIN IN- EXCHANGE REGULATORY PARITY Print 115–59, modified by the amend- TELLECTUAL PROPERTY.—The Commission is not ment printed in part B of House Report authorized to compel under this title a person to SEC. 401. NATIONALLY TRADED SECURITIES EX- EMPTION. produce or furnish source code, including algo- 115–559 is adopted, and the bill, as Section 18(b)(1) of the Securities Act of 1933 rithmic trading source code or similar intellec- amended, is considered read. (15 U.S.C. 77r(b)(1)) is amended— tual property that forms the basis for design of The text of the bill, as amended, is as (1) by striking subparagraph (A); the source code, to the Commission unless the follows: (2) in subparagraph (B)— Commission first issues a subpoena.’’. (A) by inserting ‘‘a security designated as H.R. 3978 (c) INVESTMENT COMPANIES.—Section 31 of the qualified for trading in the national market sys- Be it enacted by the Senate and House of Rep- Investment Company Act of 1940 (15 U.S.C. 80a– tem pursuant to section 11A(a)(2) of the Securi- resentatives of the United States of America in 30) is amended by adding at the end the fol- ties Exchange Act of 1934 that is’’ before ‘‘list- Congress assembled, lowing: ed’’; and SECTION 1. TABLE OF CONTENTS. ‘‘(e) PROCEDURE FOR OBTAINING CERTAIN IN- (B) by striking ‘‘that has listing standards The table of contents for this Act is as follows: TELLECTUAL PROPERTY.—The Commission is not that the Commission determines by rule (on its authorized to compel under this title an invest- Sec. 1. Table of contents. own initiative or on the basis of a ) are ment company to produce or furnish source TITLE I—TRID IMPROVEMENT substantially similar to the listing standards ap- code, including algorithmic trading source code Sec. 101. Amendments to mortgage disclosure re- plicable to securities described in subparagraph or similar intellectual property that forms the quirements. (A)’’; basis for design of the source code, to the Com- (3) in subparagraph (C), by striking ‘‘or (B)’’; TITLE II—PROTECTION OF SOURCE CODE mission unless the Commission first issues a sub- Sec. 201. Procedure for obtaining certain intel- and poena.’’. (4) by redesignating subparagraphs (B) and lectual property. (d) INVESTMENT ADVISERS.—Section 204 of the (C) as subparagraphs (A) and (B), respectively. TITLE III—FOSTERING INNOVATION Investment Advisers Act of 1940 (15 U.S.C. 80b– TITLE V—ELIMINATING BARRIERS TO Sec. 301. Temporary exemption for low-revenue 4) is amended— JOBS FOR LOAN ORIGINATORS issuers. (1) by adding at the end the following: ‘‘(f) PROCEDURE FOR OBTAINING CERTAIN IN- TITLE IV—NATIONAL SECURITIES SEC. 501. ELIMINATING BARRIERS TO JOBS FOR TELLECTUAL PROPERTY.—The Commission is not LOAN ORIGINATORS. EXCHANGE REGULATORY PARITY authorized to compel under this title an invest- (a) IN GENERAL.—The S.A.F.E. Mortgage Li- Sec. 401. Nationally traded securities exemp- ment adviser to produce or furnish source code, censing Act of 2008 (12 U.S.C. 5101 et seq.) is tion. including algorithmic trading source code or amended by adding at the end the following: TITLE V—ELIMINATING BARRIERS TO similar intellectual property that forms the basis ‘‘SEC. 1518. EMPLOYMENT TRANSITION OF LOAN JOBS FOR LOAN ORIGINATORS for design of the source code, to the Commission ORIGINATORS. Sec. 501. Eliminating barriers to jobs for loan unless the Commission first issues a subpoena.’’; ‘‘(a) TEMPORARY AUTHORITY TO ORIGINATE originators. and LOANS FOR LOAN ORIGINATORS MOVING FROM A

VerDate Sep 11 2014 01:52 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00027 Fmt 4634 Sfmt 6333 E:\CR\FM\K14FE7.044 H14FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H1156 CONGRESSIONAL RECORD — HOUSE February 14, 2018 DEPOSITORY INSTITUTION TO A NON-DEPOSITORY law to the same extent as if such individual was The SPEAKER pro tempore. Is there INSTITUTION.— a State-licensed loan originator licensed by the objection to the request of the gen- ‘‘(1) IN GENERAL.—Upon employment by a application State. tleman from Texas? State-licensed mortgage company, an individual ‘‘(2) Any individual who is deemed to have who is a registered loan originator shall be temporary authority to act as a loan originator There was no objection. deemed to have temporary authority to act as a in an application State pursuant to this section Mr. HENSARLING. Madam Speaker, loan originator in an application State for the and who engages in residential mortgage loan I yield myself such time as I may con- period described in paragraph (2) if the indi- origination activities shall be subject to the re- sume. vidual— quirements of this title and to applicable State Madam Speaker, I rise today in ‘‘(A) has not had an application for a loan law to the same extent as if such individual was strong support of H.R. 3978, which is a originator license denied, or had such a license a State-licensed loan originator licensed by the package of five strongly bipartisan revoked or suspended in any governmental ju- application State. bills, yet again, from the Financial risdiction; ‘‘(d) DEFINITIONS.—In this section, the fol- ‘‘(B) has not been subject to or served with a lowing definitions shall apply: Services Committee of the House. As cease and desist order in any governmental ju- ‘‘(1) STATE-LICENSED MORTGAGE COMPANY.— standalone bills, all were favorably re- risdiction or as described in section 1514(c); The term ‘State-licensed mortgage company’ ported, again, with strong bipartisan ‘‘(C) has not been convicted of a felony that means an entity licensed or registered under the support of at least three-quarters of would preclude licensure under the law of the law of any State to engage in residential mort- the committee. application State; gage loan origination and processing activities. ‘‘(D) has submitted an application to be a The title provision of this package is ‘‘(2) APPLICATION STATE.—The term ‘applica- the TRID Improvement Act by Con- State-licensed loan originator in the application tion State’ means a State in which a registered State; and loan originator or a State-licensed loan origi- gressman FRENCH HILL. This bill ‘‘(E) was registered in the Nationwide Mort- nator seeks to be licensed.’’. amends CFPB’s complex TILA/RESPA gage Licensing System and Registry as a loan (b) TABLE OF CONTENTS AMENDMENT.—The integrated disclosure, known as the originator during the 12-month period preceding table of contents in section 1(b) of the Housing TRID rule, in order to simplify the the date of submission of the information re- and Economic Recovery Act of 2008 (42 U.S.C. closing documents consumers get when quired under section 1505(a). 4501 note) is amended by inserting after the item they close a mortgage. ‘‘(2) PERIOD.—The period described in para- relating to section 1517 the following: graph (1) shall begin on the date that the indi- It does this by allowing for the cal- vidual submits the information required under ‘‘Sec. 1518. Employment transition of loan origi- culation of the discounted rate that section 1505(a) and shall end on the earliest of— nators.’’. title insurance companies provide to ‘‘(A) the date that the individual withdraws SEC. 502. AMENDMENT TO CIVIL LIABILITY OF consumers when they purchase a lend- the application to be a State-licensed loan origi- THE BUREAU AND OTHER OFFI- CIALS. er’s and owner’s title insurance policy nator in the application State; simultaneously. This makes it more ‘‘(B) the date that the application State de- Section 1513 of the S.A.F.E. Mortgage Licens- nies, or issues a notice of intent to deny, the ap- ing Act of 2008 (12 U.S.C. 5112) is amended by accurate, Madam Speaker. plication; striking ‘‘are loan originators or are applying Title II is the Protection of Source ‘‘(C) the date that the application State for licensing or registration as loan origina- Code Act introduced by Representa- grants a State license; or tors.’’ and inserting ‘‘have applied, are apply- tives SEAN DUFFY and DAVID SCOTT, a ‘‘(D) the date that is 120 days after the date ing, or are currently licensed or registered Republican and a Democrat. This pro- on which the individual submits the application, through the Nationwide Mortgage Licensing vision ensures that the Securities and System and Registry. The previous sentence if the application is listed on the Nationwide Exchange Commission cannot require Mortgage Licensing System and Registry as in- shall only apply to persons in an industry with complete. respect to which persons were licensed or reg- financial services firms to disclose al- ‘‘(b) TEMPORARY AUTHORITY TO ORIGINATE istered through the Nationwide Mortgage Li- gorithmic trading source code without LOANS FOR STATE-LICENSED LOAN ORIGINATORS censing System and Registry on the date of the first obtaining a subpoena. Source code MOVING INTERSTATE.— enactment of this sentence.’’. is among a firm’s most sensitive infor- ‘‘(1) IN GENERAL.—A State-licensed loan origi- SEC. 503. EFFECTIVE DATE. mation, and this bipartisan provision nator shall be deemed to have temporary au- This title and the amendments made by this balances privacy and due process con- thority to act as a loan originator in an applica- title shall take effect on the date that is 18 cerns while preserving the SEC’s abil- tion State for the period described in paragraph months after the date of the enactment of this ity to obtain such information when (2) if the State-licensed loan originator— Act. ‘‘(A) meets the requirements of subparagraphs necessary. (A), (B), (C), and (D) of subsection (a)(1); The SPEAKER pro tempore. The bill, The third title is the Fostering Inno- ‘‘(B) is employed by a State-licensed mortgage as amended, shall be debatable for 1 vation Act which was introduced by company in the application State; and hour equally divided and controlled by Representatives SINEMA and HOLLINGS- ‘‘(C) was licensed in a State that is not the the chair and ranking minority mem- WORTH to provide relief to small and application State during the 30-day period pre- ber of the Committee on Financial emerging businesses by extending the ceding the date of submission of the information Services. popular onramp exemption of the JOBS required under section 1505(a) in connection After 1 hour of debate on the bill, as with the application submitted to the applica- Act for emerging growth companies in tion State. amended, it shall be in order to con- a more tailored manner. In short, it ‘‘(2) PERIOD.—The period described in para- sider the further amendment printed in provides emerging growth companies graph (1) shall begin on the date that the State- part C of House Report 115–559, if of- more time to reach a size when they licensed loan originator submits the information fered by the Member designated in the reasonably can be expected to finan- required under section 1505(a) in connection report, which shall be considered read, cially sustain the legal, accounting, with the application submitted to the applica- shall be separately debatable for the and compliance costs associated with tion State and end on the earliest of— time specified in the report equally di- ‘‘(A) the date that the State-licensed loan the full Sarbanes-Oxley section 404(b) originator withdraws the application to be a vided and controlled by the proponent compliance. State-licensed loan originator in the application and an opponent, and shall not be sub- Fourth, Madam Speaker, is the Na- State; ject to a demand for a division of the tional Securities Exchange Regulatory ‘‘(B) the date that the application State de- question. Parity Act which was introduced by nies, or issues a notice of intent to deny, the ap- The gentleman from Texas (Mr. HEN- Mr. ROYCE and which will ensure fur- plication; SARLING) and the gentlewoman from ‘‘(C) the date that the application State ther clarity and competition among California (Ms. MAXINE WATERS) each national security exchanges by mod- grants a State license; or will control 30 minutes. ‘‘(D) the date that is 120 days after the date ernizing the blue sky exemption in the on which the State-licensed loan originator sub- The Chair recognizes the gentleman Securities Act. Modernizing this provi- mits the application, if the application is listed from Texas. sion will ensure all national security on the Nationwide Mortgage Licensing System GENERAL LEAVE exchanges operate on a level regu- and Registry as incomplete. Mr. HENSARLING. Madam Speaker, latory playing field and help protect ‘‘(c) APPLICABILITY.— I ask unanimous consent that all Mem- retail investors from arbitrary acts by ‘‘(1) Any person employing an individual who is deemed to have temporary authority to act as bers may have 5 legislative days in State regulators that may bar inves- a loan originator in an application State pursu- which to revise and extend their re- tors in one State from buying stock ant to this section shall be subject to the re- marks and submit extraneous material freely available to investors in every quirements of this title and to applicable State on the bill under consideration. other State.

VerDate Sep 11 2014 01:52 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\A14FE7.011 H14FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 14, 2018 CONGRESSIONAL RECORD — HOUSE H1157 The final title of this bill is a provi- I am going to walk through each of to a decade would harm investor con- sion introduced by Congressman STIV- the problematic provisions in this bill. fidence and all such companies, hurting ERS to allow mortgage loan originators Beginning with title IV, this provision the very companies the bill’s sup- who work as loan officers in banks and is identical to H.R. 4546, the National porters purport to help. credit unions to transition to a new job Securities Exchange Regulatory Parity Title II of this bill is the same lan- at a nonmortgage company without Act, which would weaken the standards guage as H.R. 3948, the Protection of losing the ability to originate loans. for listing public companies for trading Source Code Act. This bill bans the Without this bill, the transition proc- at U.S. stock exchanges. Today, ex- SEC from inspecting source code used ess can take weeks or months depend- changes listing standards set minimum by regulated entities to engage in algo- ing on the State. requirements for a company’s shares to rithmic or computer-driven trading Each of these measures, Madam be sold to the public without having to and other activities that impact the se- Speaker, will cut through layers of red comply with State law. Exchanges can curities markets and investors without tape and help level the playing field only revise these standards if the Secu- first obtaining a subpoena. This provi- making regulations smarter, fairer, rities and Exchange Commission first sion would severely hamper the ability clearer, and more efficient, thus ensur- finds that new standards are substan- of the SEC to effectively examine per- ing that there are more competitively tially similar to the listing standards sons like high-frequency traders and to priced credit opportunities, more cred- of the New York Stock Exchange. investigate market disruptions. it opportunities for consumers, and This bill would remove any separate The recent stock market volatility, that investors have greater investment analysis for changing the standards which has seen all of the major stock opportunities in competitive markets. and, thus, automatically preempt indices decline by more than 10 percent They will provide commonsense regu- State oversight. As a result, the bill in less than 2 weeks, has been exacer- latory relief. They are practical, they would encourage a race to the bottom bated by high-frequency traders using are bipartisan, and they are needed. of listing standards as exchanges com- complex computer algorithms to deter- Madam Speaker, I encourage all of pete with each other to attract compa- mine when to buy and sell millions of my colleagues to support the measure, nies with less restrictions, even if the trades per second by making it harder and I reserve the balance of my time. standards are beneficial to the inves- for the capital markets COP to detect Ms. MAXINE WATERS of California. tors. and stop bad actors and rein in fraudu- Madam Speaker, I yield myself such I believe that we should be strength- lent trading schemes. This provision time as I may consume. ening the current analysis to promote will inevitably harm everyday Ameri- Madam Speaker, I rise in strong op- fair and rigorous listing standards and cans and retirees who rely on fair cap- position to H.R. 3978, the TRID Im- only preempt State law when compa- ital markets to invest their hard- provement Act of 2017. nies meet high standards. This is why I earned savings. H.R. 3978 has been dramatically ex- worked with the cosponsors last Con- To make matters worse, Republicans panded without input from Democrats gress to strike a bipartisan com- added a provision to pay for the cost of to include several highly problematic promise which passed the House unani- the bill by taking $2 million from the and damaging bills. If enacted, this mously to require the SEC to develop a Securities and Exchange Commission’s amended package of bills would ease core qualitative listing standard. Un- reserve fund. As a result, our financial the ability of high frequency traders to fortunately, my Republican colleagues watchdog will have less resources to manipulate the stock markets unde- have reversed their position in favor of support its capacity to oversee the tected, encourage a regulatory race to empowering the industry over the in- markets through investments in IT and the bottom in our Nation’s stock ex- vesting public. to respond to unforeseen market events changes, and harm investors and small Turning to title III which is identical like the flash crash. businesses by weakening efforts to pre- to H.R. 1645, the so-called Fostering In- In short, this bill asks taxpayers to vent accounting fraud at smaller public novation Act, this provision would pay for the costs of diminished capital companies. eliminate the independent audit of a market oversight by taking away Taken together, this deregulatory company’s financial reporting controls SEC’s funding to respond to emergency package could significantly undermine for up to 10 years for newly public com- market situations that threaten mar- market stability and gut investor and panies provided that they have $50 mil- ket stability. This provision doubles consumer protections at a time when lion or less in gross revenues and less down on the irresponsible policy- our financial markets are already rat- than $700 million in outstanding making we often see by the opposite tled. shares. Passed in the wake of the side of the aisle. Madam Speaker, from January 26 Enron and WorldCom accounting scan- The bill before us today would also until last Thursday, the stock markets dals, the requirement that public com- make two less significant changes plunged just over 10 percent, becoming panies conduct an independent audit of which I believe the Republicans in- what the financial services industry financial controls is one of the many cluded to garner additional support for calls ‘‘stock market correction,’’ and accounting provisions required by the the legislation. Nevertheless, even with for the past two trading days, markets bipartisan Sarbanes-Oxley Act that di- these provisions, the package should be have rebounded the most since 2016. rectly benefits investors and public soundly rejected. Although market corrections are not companies by improving the accuracy Title I, which includes the version of new, what distinguishes today’s vola- of their financial reporting. H.R. 3978, TRID Improvement Act of tility is that it is driven by complex In fact, companies that are not sub- 2017, that the committee previously computer strategies designed to buy ject to such review by an independent considered, would amend a mortgage and sell stocks and options millions of auditor are more likely to issue correc- disclosure known as TRID or the know- times a day. As many of us have wit- tions to their financial reports leading before-you-owe disclosure that informs nessed, the Dow Jones Industrial Aver- to investor losses and higher losses for home buyers of the terms and condi- age may be up 500 points and then down the company. tions of their mortgage. Responding to 600 in less than a few minutes. For the Investors like these audits because the concerns of some in the real estate average American who was hoping to they improve the veracity of the re- industry, this provision would amend one day retire with dignity by invest- ports they rely on to make investment the disclosure to account for the dis- ing her hard-earned savings in the decisions. Today, truly small public counts paid to borrowers in States stock market, it can be distressing to companies—those with less than $75 where simultaneous lender and buyer see such wild swings always wondering million worth of shares—are already title insurance is issued. However, the whether the markets are truly fair or exempt from the audit requirement. revised form does nothing for bars in whether she is going to be fleeced. Un- But this bill would extend the exemp- States that do not provide such special fortunately, the passage of H.R. 3978 tion to large companies that are nearly rates to home buyers, and the provi- would likely make those swings more ten times that size. The law already sion eliminates the Consumer Bureau’s extreme and increase the likelihood of provides newly public companies with ability to fix this aspect of the form problems going forward. an exemption for 5 years. Extending it even if a problem arises in the future.

VerDate Sep 11 2014 01:52 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K14FE7.047 H14FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H1158 CONGRESSIONAL RECORD — HOUSE February 14, 2018 The final provision, title V, is iden- are going to pay on your mortgage is out of our committee—bipartisan—this tical to H.R. 2948, the SAFE Mortgage calculated right, it is accurate. And is a bill that Members of Congress have Licensing Act. This title would ease RESPA, the Real Estate Settlement heard from across this country and all the ability of individuals employed as Act, said that whatever you were pay- 50 States from community bankers, mortgage originators to change em- ing in extras, such as title insurance, mortgage bankers of all sizes who are ployers by creating a temporary 120- was disclosed accurately. trying to provide an accurate, fast day licensing regime so that they can Well, we now flash forward a number closing for our most important thing continue to work at their new em- of years. we do as a family, and that is to decide ployer. Back in 2013, the CFPB finalized this to buy a home. This bill would effectively treat new, combined rule, the TRID rule: I thank the chairman of the full com- mortgage originators who work for know before you owe. It should have mittee for yielding. I urge my col- State registered firms the same as fed- been called: know before you confuse. leagues to support this full package of erally registered firms and was unani- This rule, finalized in 2013, was still bipartisan bills through regular order, mously supported by committee Demo- subject to delay due to errors that the through our committee, and that are crats. Unfortunately, because this leg- CFPB made, and it finally got put in presented here to improve our econ- islation has been packaged with other place back in 2015. omy, improve the balance in our regu- deeply problematic and destructive There was $1.5 billion in software latory system, and help make credit bills, sensible relief to these individ- compliance costs for banks to try to more accessible for consumers at bet- uals that has broad bipartisan support merge this form that is supposed to be ter prices. is being held hostage by Republicans’ so simple and so easy for consumers. Ms. MAXINE WATERS of California. efforts to roll back as many safeguards The CFPB offered no concrete guidance Madam Speaker, I reserve the balance as they can this year. about it. So this House came together of my time. Madam Speaker, H.R. 3978, as amend- and over 300 Members of this House Mr. HENSARLING. Madam Speaker, ed, threatens many of the important voted to direct the CFPB to improve I yield 4 minutes to the gentleman reforms Democrats made to restore in- this rule; that it was not a success from Wisconsin (Mr. DUFFY), the chair- vestor confidence to our capital mar- story. man of the Subcommittee on Housing kets after the worst financial crisis in So, in fact, in April 2016, the CFPB and Insurance and the sponsor of title generations. As the stock markets con- decided to open the rulemaking for 2 of the Protection of Source Code in tinue to wobble ominously in ways TILA-RESPA and try to find some this bill. that threaten the savings of hard- clarifying and amending procedures Mr. DUFFY. Madam Speaker, I working Americans, Congress should be that would make it more clear. thank the chairman for all of his work strengthening oversight of the finan- Well, as you can hear, it is a massive, and support on this legislation, as well cial system, not weakening it. complex rule that is expensive. The as the gentleman from Arkansas (Mr. Not surprisingly, H.R. 3978 is strong- American Bankers Association said if HILL), for which my provision is made ly opposed by the North American As- there was one thing to fix in consumer part of a larger package. sociation of Securities Administrators compliance, it would be TILA-RESPA; I also thank the gentlemen from who serve on the frontline combating the TRID. It wouldn’t be the qualified Georgia and Illinois, my good friends securities fraud on the State level and mortgage definition. It wouldn’t be all across the aisle, DAVID SCOTT and BILL by nonpartisan organization who speak the capital rules embedded in Dodd- FOSTER, both of whom are cosponsors on behalf of our Nation’s consumers, Frank. It would be this rule. of the Protection of Source Code Act. investors, and unions, including Con- When I have been at home in my dis- It is a bipartisan bill. sumer Federation of America, Center trict, I have heard about it countless The recent cyber incidents at for American Progress, Americans for times from mortgage bankers and com- Equifax, SEC, and even at the NSA, has Financial Reform, AFL–CIO, and Pub- munity bankers. shown that all organizations are vul- lic Citizen, and so do I. So we are still not there, which is nerable to security risks. These inci- Madam Speaker, I urge everyone to why we are here today, Madam Speak- dents are a timely reminder of the reject this harmful package of bills and er. And that is, this bill does one sim- risks that we face in this digital age. to vote ‘‘no’’ on H.R. 3978. ple thing, which says: if you buy a title Given this reality, it is important for Madam Speaker, I reserve the bal- insurance policy, in the majority of government agencies such as the SEC ance of my time. States, the CFPB rule is not accurate. to rethink what they collect, how they You can see here that the rule for Ar- collect it, how it is stored, and what b 1530 kansas on a $200,000 price house they do with this information in the Mr. HENSARLING. Madam Speaker, says that the consumer should pay long run. I yield 5 minutes to the gentleman $382.50 after this complex formula The Protection of Source Code Act is from Arkansas (Mr. HILL), the majority when, in reality, they are really paying a bipartisan bill intended to reduce whip of the committee and the sponsor either $525 or the actual charge of $35. some of the cybersecurity risks to our of the legislation. So it is not an improvement. financial markets posed by the SEC Mr. HILL. Madam Speaker, I rise in In these States, the CFPB is not al- when it gathers highly sensitive trad- support of my bill, H.R. 3978, the TRID lowing for the calculation of a dis- ing or source code information as part Improvement Act. counted rate, known as a simultaneous of their oversight duties. I want to focus my comments on the issue, which is a rate title insurance The Protection of Source Code Act actual improvements to the Truth in companies provide to consumers when establishes a process for the SEC with Lending and RESPA form, TILA- they purchase both the lender’s and respect to requesting source code and RESPA, which is now referred to as owner’s title policy simultaneously. other intellectual property that forms TRID. Madam Speaker, this bill offers clar- the basis of source code. Back in 2010, when Dodd-Frank was ity and actually takes a complex rule It does not preclude the SEC from re- being considered, one of the goals that and makes this part of it simpler so questing data that it determines it then-White House staffer ELIZABETH our consumers actually will see on the needs for market oversight. It merely WARREN, now Senator ELIZABETH WAR- closing statement what the cost of the puts a process in place for how the SEC REN, had was: Well, we are going to title insurance is. It will be trans- seeks access to certain intellectual make this a win for both banks and parent. property. consumers. One of the things we are There are many other challenges Having a process in place for how the going to do is we are going to make with this rule, and we have talked SEC requests source code and similar forms simpler and consumer disclosure about them in our committee. Today, intellectual property will better pro- better. America’s exhibit A today is we are only debating and discussing tect registrants and their clients and the TILA-RESPA form. one small one. investors from inadvertent disclosure TILA was about truth in lending, and But I urge my colleagues on both or cyber theft of their most valuable let’s make sure the interest rate you sides of the aisle—when this bill came and important intellectual property.

VerDate Sep 11 2014 01:52 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K14FE7.048 H14FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 14, 2018 CONGRESSIONAL RECORD — HOUSE H1159 Such disclosure or theft could de- sitive source code, and if you want to and hamstring the agency from re- stroy the American businesses that take it to the SEC, you get a subpoena. sponding quickly to flash crashes or own the intellectual property. Worse, Frankly, we think there are problems other market breakdowns.’’ it could undermine investor confidence with that. The SEC has been hacked. Further, the CFA wrote that: ‘‘At a and create significant volatility in our The NSA has been hacked. Everybody time when algorithmic trading is tak- financial markets. has been hacked. If you compile all this ing on increased importance in our cap- In general, the SEC should not be re- information, the risk that poses to our ital markets, this bill would make it questing source code or intellectual markets and volatility to our markets, more difficult for the SEC to properly property that forms the basis of source I think, is unacceptable. That is why it oversee such trading. code. They shouldn’t be collecting that is bipartisan. b 1545 on a regular basis. Such information is I would encourage all Members of generally unnecessary for the SEC to this House to take a step forward for ‘‘The bill would require the SEC to perform its market oversight function due process. first issue a subpoena before it could and, as we have learned from recent Ms. MAXINE WATERS of California. compel a person to produce or furnish cyber hacks, could create a very invit- Madam Speaker, I yield myself such to the SEC algorithmic trading source ing treasure trove of sensitive data for time as I may consume. code or ‘similar intellectual property.’ computer hackers. Madam Speaker, given the extreme This would undermine the SEC’s exam- This bill ensures that the SEC will volatility in the stock markets over ination authority by creating a gaping gather source code when it is truly the past few weeks, I am particularly hole in its ability to gain access to needed, under a subpoena process that troubled by title II of this bill, which firm records relevant to the examina- provides appropriate due process for would make it easier for high-fre- tion. It would also have a devastating the information. quency traders to evade regulatory effect on the agency’s ability to re- Under this bill, the SEC, in con- oversight of their potentially disrup- spond quickly in the event of another ducting an exam, may continue to ask tive automated trading algorithms. ‘flash crash’ or such events in the fu- a registrant for general information This provision is widely opposed by ture. In order to oversee the markets about a registrant’s trading system or nonpartisan consumer and investor ad- effectively, the SEC needs to be able to trading strategies. vocacy groups who recognize the im- accurately and efficiently reconstruct So let’s break this down a little bit. pact automated trading has on our order entry and trading activity, in- We have source code that is highly sen- markets. cluding for algorithmic traders.’’ sitive. It is intellectual property. If Let me read for you excerpts from a Public Citizen, a consumer rights ad- you are the SEC, you can actually go few letters from these groups that vocacy group with over 400,000 mem- onsite and look at the source code. I highlight the dangers of title 2. bers and supporters, wrote: ‘‘Market am fine with that. Americans for Financial Reform—a volatility caused not by real events But if you are going to collect the coalition of more than 200 consumer, such as outbreak of a war, but by com- source code and take it back to the civil rights, investor, retiree commu- puters, including computer glitches, SEC and store it and you have a whole nity, labor, faith-based, and business threatens to erase savings to some in- bunch of intellectual property from groups—wrote: ‘‘Title II would prevent nocent investors and erodes general in- American businesses stored at the SEC, regulators from inspecting not only vestor confidence. The recent swings in this is one-stop shopping for hackers. their raw source code used in auto- the markets attest to the need for ro- You have just got to do it once. Get in mated trading, but also any related in- bust and urgent supervisory inspection. the SEC and you get it all. tellectual property that ‘forms the The May 6, 2010 ‘Flash Crash,’ where My friend across the aisle, the rank- basis for the design of’ source code. Ex- markets collapsed by more than $1 tril- ing member, wants to talk about vola- amination of such intellectual property lion in less than an hour, revealed that tility. Wait and see if there is an SEC would only be possible in an enforce- such a robust and urgent supervision hack where they get all this informa- ment context pursuant to a subpoena. has been lacking. The SEC required tion, all this source code. That is a risk This implies that the SEC would have nearly a half year to investigate this we don’t want to have. to wait until the damage was done incident before identifying a flawed al- We want due process. If you want to through a ‘flash crash’ or similar mar- gorithmic at one major trader. SEC come in and take the source code, get ket disruption before taking any ac- oversight should be streamlined, not a subpoena. tion, which would have to be retrospec- hampered. Trading instructions and Do we believe in due process in Amer- tive. records of human traders are already ica? ‘‘In light of the significance of auto- subject to inspection, so it should be no For the most sensitive data, the most mated trading to modern markets, and different for those instructions and sensitive information, get a subpoena the potential risk of high-frequency records generated by a machine. Hiding and you can take it. But those are trading, it makes no sense to tie the source code from regulatory scrutiny basic measurers, basic protections that hands of regulators in examining de- will leave those responsible for mis- we offer in America that we should em- tailed trading strategies and methods takes as well as those attempting to ploy at the SEC when they want this of high frequency traders.’’ manipulate markets unaccountable.’’ intellectual property that is of great The Center for American Progress These letters demonstrate the wide value to these firms. cautioned that: ‘‘But in an era of fast- opposition to title II by groups that My bill, contrary to the ranking moving, ‘flash-crash’-prone markets, truly understand that robust oversight member’s point, Madam Speaker, the SEC may have a wide range of reg- of algorithmic trading is necessary for doesn’t offer exemptions to exams. ulatory reasons for why it may need to the help of our makers. Exams will still happen. Also, it is still examine source codes, including ap- Madam Speaker, I include in the illegal to manipulate markets. Those provals of new trading products or the RECORD letters from these groups. things haven’t changed. supervision of trading venues. The SEC FEBRUARY 13, 2018. This is just about due process. should only exercise that authority Please vote NO on H.R. 3299 and H.R. 3978. The SPEAKER pro tempore. The carefully and under the strictest pro- Hon. MEMBER, time of the gentleman has expired. tections for confidential information, House of Representatives, Mr. HENSARLING. Madam Speaker, but blocking it by law dangerously lim- Washington, DC. I yield an additional 30 seconds to the its the SEC’s ability to address the sig- DEAR HON. MEMBER: On behalf of more gentleman from Wisconsin. nificant technology-based challenges than 400,000 members and supporters of Pub- Mr. DUFFY. It is important that we to financial markets.’’ lic Citizen, we ask you to vote NO on H.R. have truthful and honest information The Consumer Federation of Amer- 3299 and H.R. 3978, which are expected to be considered by the full House on Wednesday, on the floor. This does not prohibit ica, an association of nearly 300 con- February 14, 2018. Provisions in these bills exams. This doesn’t make legal manip- sumer advocacy groups, similarly op- would expose borrowers to abusive loans, in- ulation of the markets. It is still ille- posed title 2 because it ‘‘would weaken vestors to dubious securities, and Americans gal. All we are saying is we have sen- SEC oversight of algorithmic trading generally to a riskier financial system.

VerDate Sep 11 2014 01:52 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K14FE7.051 H14FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H1160 CONGRESSIONAL RECORD — HOUSE February 14, 2018 H.R. 3299, the Protecting Consumers’ Ac- ties and Exchange Commission (SEC). Rules manner that would increase confusion and cess to Credit Act of 2017, would allow preda- may differ between exchanges, but they must potentially misinform consumers as to the tory lenders to escape state limits on high be approved by the SEC to ensure that they final cost of these important fees. The title interest rates. The bill would nullify the Sec- prevent fraud, serve the public interest and insurance market already lacks trans- ond Circuit Court ruling in Madden v. Mid- protect investors. Moreover, exchanges must parency and fairness; fees are grossly in- land Funding. That decision provided that a adopt and enforce rules that are ‘‘substan- flated in relation to the value of the insur- financial institution that buys loans origi- tially similar’’ to the major exchanges, ance. The Consumer Financial Protection nated by a national bank could not benefit known formally as ‘‘Named Markets,’’ under Bureau (CFPB) carefully studied this issue in from the National Bank Act’s preemption of current law. The existing system deters a its rulemaking to determine the clearest and state interest rate caps. While the Madden race to the bottom, where an exchange may most accurate way to disclose fees in light of decision did not limit interest rates that attempt to attract companies with weaker varying state laws on title insurance and dif- banks charge on credit, it does limit rules. Conversely, this bill would actually ferences in practices by different companies. nonbanks from evading state interest rate promote that race to the bottom by remov- The changes in the statutory language here caps. This bill would pave the way for pay- ing the requirement that the exchange adopt would limit the CFPB’s authority to create a day lenders, financial technology (fintech) rules that are substantially similar to those consistent method of disclosure across dif- companies and others to exploit that loop- of the Named Markets. We oppose this meas- ferent companies and different states, and to hole and use a ‘‘rent-a-bank’’ arrangement in ure. reflect ways in which title insurance costs order to charge high interest rates. Twenty A fourth measure in H.R. 3978 is the Pro- can change at closing. Further refinement in state Attorneys General have written to op- tection of Source Code Act, (formerly H.R. title insurance disclosures can be addressed pose this measure, noting that it undermines 3948). This measure would impede the ability through rulemaking by the CFPB itself in their efforts to protect borrowers from abu- of the SEC to conduct effective compliance consultation with stakeholders. sive loan rates. We urge you to oppose this examinations of market volatility involving Title II, ‘‘Protection of Source Code,’’ bill. computer-driven algorithms. The bill im- would severely restrict the ability of the H.R. 3978, the TRID Improvement Act of poses a strict subpoena requirement before SEC to examine the detailed trading strate- 2017, is actually a package of bills that were staff could inspect otherwise routine busi- gies of high-frequency traders or automated considered separately in the House Financial ness records that involve source code. Mar- traders, even in cases where such traders Services Committee. One of these is the Fi- ket volatility caused not by real events such posed a risk to markets or the financial sys- nancial Stability Oversight Council Improve- as the outbreak of a war, but by computers, tem. Title II would prevent regulators from ment Act (formerly H.R. 4061). This measure including computer glitches, threatens to inspecting not only the raw source code used would add numerous procedural require- erase savings to some innocent investors and in automated trading, but also any related ments for the Financial Stability Oversight erodes general investor confidence. The re- intellectual property that ‘‘forms the basis Council (FSOC) when it considers the des- cent swings in the markets attest to the for the design of’’ source code. Examination ignation or continued designation of a need for robust and urgent supervisory in- of such intellectual property would only be nonbank firm as a systemically important fi- spection. The May 6, 2010 ‘‘Flash Crash,’’ possible in an enforcement context pursuant nancial institution (SIFI). Current rules al- where markets collapsed by more than $1 to a subpoena. This implies that the SEC ready make SIFI designation a high hurdle. trillion in less than an hour, revealed that would have to wait until the damage was The case of MetLife, for example, shows that such robust and urgent supervision has been done through a ‘‘flash crash’’ or similar mar- firms enjoy more than ample methods to lacking. The SEC required nearly a half year ket disruption before taking any action, contest designation. After FSOC designated to investigate this incident before identi- which would have to be retrospective. MetLife as systemically important, it con- fying a flawed algorithm at one major trad- In light of the significance of automated tested it in court and the case is pending. In- er. SEC oversight should be streamlined, not trading to modern markets, and the poten- creasing the government’s burden for des- hampered. Trading instructions and records tial risks of high frequency trading, it makes ignation would restrict its ability to apply of human traders are already subject to in- no sense to tie the hands of regulators in ex- enhanced supervision to major institutions. spection, so it should be no different for amining detailed trading strategies and However, the largest bailout of the 2008 fi- those instructions and records generated by methods of high frequency traders. At any nancial crash went to AIG, a nonbank en- a machine. Hiding source code from regu- brokerage, trading instructions to a human gaged in reckless derivatives activity beyond latory scrutiny will leave those responsible trader, including the conditions under which the purview of banking supervisors. We op- for mistakes as well as those attempting to such a trade would be carried out (e.g., a pose this measure. manipulate markets unaccountable. We op- limit order) are part of the books and records Another bill contained in H.R. 3978 is the pose this measure. routinely open to inspection by FINRA or Fostering Innovation Act (previously H.R. Because of our opposition to these ele- the SEC. Trading instructions must not be 1645). This bill amends Section 404(b) of the ments in H.R. 3978 and to H.R. 3299 we urge exempt from inspection simply because they Sarbanes-Oxley (SOX) law by increasing you to vote NO on these bills. As we are are automated. They should be part of the from five to 10 years the time that CEOs of marking the 10th anniversary of the Wall books and records of the organization, just firms with less than $50 million in revenue Street Crash, it’s clear that American con- as other order-related documents are. Intel- must attest to the accuracy of their finan- sumers and investors deserve stronger finan- lectual property related to source code clear- cial reporting. Congress approved SOX in re- cial reforms, not weakened protections that ly involves trading strategies, which have al- sponse to the accounting scandals at the will make our economy more susceptible to ways been a subject for regulatory inspec- turn of the millennium. The rules are de- another collapse. tion and oversight. signed to promote accounting accuracy to Thank you for your consideration. For The continued high volatility on Wall the shareholders who have entrusted their questions, please contact Bartlett Naylor. Street is giving evidence of the potential savings to these firms. A Government Ac- Sincerely, systemic dangers of high-frequency auto- countability Office (GAO) report found that PUBLIC CITIZEN. mated trading. Now is not the time to tie the companies with inferior financial reporting SEC’s hands in doing oversight of such trad- controls have a significantly higher likeli- AMERICANS FOR ing. hood of issuing a restatement of their finan- FINANCIAL REFORM, Title III, ‘‘Fostering Innovation,’’ would cial accounts. Firms that are unwilling to Washington, DC, February 13, 2018. double the time for which certain new public oblige SOX should not be trusted with the DEAR REPRESENTATIVE: On behalf of Ameri- companies are exempt from key financial re- capital of savers. Extending the CEO attesta- cans for Financial Reform, we are writing to porting controls, most notably attestation tion requirement from five to 10 years exac- urge you to vote in opposition to H.R. 3978, by an auditor that their earnings and ac- erbates the problem. From an investor per- which is being considered on the House floor counting are accurate. It grants this exemp- spective, accounting safeguards are more im- today. This legislation is a grab bag of bad tion to a class of companies, newly public portant for smaller companies, since larger legislative ideas that should never have ad- companies with low revenue growth, which companies generally attract a larger and vanced through the House Financial Services have a particular strong incentive to manip- more sophisticated base of stock and bond Committee. Especially notable given the re- ulate their financial statements and deceive holders who can perform effective oversight. cent wild swings in stock prices, Title II of investors. This piece of the legislation would We oppose this measure. this bill would sharply limit the ability of both harm investors and undermine the in- A third bill that is part of the H.R. 3978 the Securities and Exchange Commission tegrity of our capital markets. package is the National Securities Exchange (SEC) to investigate high-frequency auto- Title IV, ‘‘National Securities Exchange Regulatory Parity Act (formerly H.R. 4546). mated trading strategies that can disrupt Regulatory Parity,’’ would dangerously ex- This bill would eliminate state supervision markets. But that is hardly the only harmful pand Federal pre-emption from state securi- of securities if they are listed on an ex- bill in this package. There are several other ties laws designed to protect investors from change, even if the exchange has reduced provisions that would weaken consumer and securities fraud. Under current law, a na- standards compared with those of major ex- investor protections. tional securities exchange needs to meet changes such as the New York Stock Ex- Title I, ‘‘TRID Improvement,’’ would listing standards similar to those of a major change. Under current law, state supervision amend the TILA/RESPA Integrated Disclo- national exchange—e.g., the New York Stock is pre-empted only if the security is listed on sure Rule (also known as TRID) to change Exchange, NASDAQ—for its securities to be exchanges with rules overseen by the Securi- how title insurance fees are disclosed, in a deemed ‘‘covered securities.’’ Under this

VerDate Sep 11 2014 03:28 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\A14FE7.018 H14FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 14, 2018 CONGRESSIONAL RECORD — HOUSE H1161 classification, securities enjoy the advan- lators. These MLOs are also registered in the Mr. HENSARLING. Madam Speaker, tages of exemptions from state-level regula- Nationwide Mortgage Licensing System and I yield myself 30 seconds to say the tions. Registry (NMLS). By contrast, MLOs em- widespread opposition to the bill al- Title IV in H.R. 3978 would amend the Se- ployed by federally-insured depositories or curities Act of 1933 to remove the require- their affiliates must only be registered in the luded to by the ranking member ment that companies meet listing standards NMLS, and do not have to pass a test or doesn’t include roughly half the Demo- rigorous enough to be considered similar to meet specific education requirements. crats on the committee, including the those of major exchanges, effectively allow- The result is a two-tiered system that in- gentleman from Illinois (Mr. FOSTER), ing riskier, less liquid securities to qualify hibits job mobility for loan officers and who was quoted in our markup as say- as ‘‘covered securities’’ and avoid state secu- makes it difficult for non-bank lenders to ing: ‘‘As someone who can code in at rities laws designed to protect investors and compete for talented employees. Rather than least seven languages, I understand financial markets. Under this section of H.R. leaving a job on a Friday and starting a new 3978, a security would be exempt from state- job on a Monday, an MLO who moves from a that source code is qualitatively dif- level fraud protections as long as it is traded bank to a non-bank lender must sit idle for ferent from other documents that a on a national exchange that is a member of weeks, and sometimes months, unable to en- firm might have and that our regu- the National Market System. This would gage in loan origination activities while lators should have legitimate access to. mean that securities could be pre-empted they complete the SAFE Act’s licensing and They are truly the crown jewels of an from the oversight of state securities regu- testing requirements — despite the fact they electronic trading firm, and there are lators without meeting the strong standards have already been registered in the NMLS obvious dangers that have been exposed and originating loans. This bill promotes a that the SEC has laid out for individual se- in transferring things really not just to curities to qualify for preemption under Sec- fair and competitive labor market by elimi- tion 18 of the Securities Act. nating barriers to the ability of non-bank the government, to any entity. The Both the North American Securities Ad- lenders (especially small lenders) to compete first line of defense in cybersecurity is ministrators Association (NASAA), the main for talented staff, and allowing MLOs to to keep the data as closely held as rea- body of state securities regulators, and the more easily move to the employer that offers sonable and still be able to do your chief securities regulator for the Common- them the best chance to succeed. job.’’ wealth of Massachusetts have made the dan- Section 501 of the bill is a bipartisan, nar- Madam Speaker, I reserve the bal- gers of this legislation clear in strongly row solution that would provide ‘‘transi- tional authority’’ to originate mortgages for ance of my time. worded opposition letters. In these letters, Ms. MAXINE WATERS of California. they advocated for fair and rigorous listing individuals who change corporate affiliation standards as essential to protect retail inves- from a federally-insured institution to a non- Madam Speaker, I continue to reserve tors and savers, to maintain high standards bank lender, or move across state lines, the balance of my time. for corporate governance, and to avoid con- while they work to meet the SAFE Act’s li- Mr. HENSARLING. Madam Speaker, flicts of interests that harm investors. Title censing and testing requirements. Transi- I yield 2 minutes to the gentleman IV of H.R. 3978 unacceptably weakens these tional authority would be available only to from Illinois (Mr. HULTGREN), the vice listing standards. MLOs that have a clean history as an origi- chairman on the Subcommittee on nator (e.g., no license , revocations or The sections of H.R. 3978 discussed above Capital Markets, Securities, and In- are, individually, bad bills for consumers and suspensions, cease and desist orders, or felo- nies that preclude licensing). vestment. investors rights and protections. Packaging Mr. HULTGREN. Madam Speaker, I them together only worsens the harm. We MBA is especially grateful for the leader- urge you to reject H.R. 3978. ship of the bill’s author, Representative thank Chairman HENSARLING, and I am Thank you for your attention to this mat- Steve Stivers (R–OH), as well as its bipar- so grateful for his work on this pack- ter. For more information please contact tisan original cosponsors: Representatives age of bills that are so important. AFR’s Policy Director, Marcus Stanley. Joyce Beatty (D–OH), Bruce Poliquin (R– I rise today to speak in support of Sincerely, ME), and Kyrsten Sinema (D–AZ). Last Con- H.R. 3978, the TRID Improvement Act, AMERICANS FOR FINANCIAL REFORM. gress, the bill was unanimously reported from the House Financial Services Com- and all the additional measures that have been included in the Rules Com- MORTGAGE BANKERS ASSOCIATION, mittee, and shortly thereafter passed the full Washington, DC, February 13, 2018. House of Representatives under suspension mittee print. I am a cosponsor of four Hon. PAUL RYAN, SPEAKER OF THE HOUSE, of the rules. Again, late last year, the bill of the five bills. The TRID Improve- House of Representatives, Washington, DC. was reported from committee by a unani- ment Act sponsored by Representatives Hon. JEB HENSARLING, mous vote of 60–0. HILL and KIHUEN make important im- MBA also supports Title I, Section 101, en- Chairman, House Financial Services Committee, titled ‘‘TRID Improvement’’, of the newly re- provements to the TILA-RESPA inte- House of Representatives, Washington, DC. packaged bill, as originally introduced as a grated disclosure forms so home pur- Hon. NANCY PELOSI, free-standing vehicle by Representatives chasers have the accurate representa- Minority Leader, House of Representatives, French Hill (R–AR) and Ruben Kihuen (D– tion of title insurance costs. Washington, DC. NV). This section would amend the Real Es- I am also a strong supporter of the Hon. MAXINE WATERS, tate Settlement Procedures Act (RESPA) to Ranking Member, House Financial Services National Securities Exchange Regu- require the Consumer Financial Protection Committee, House of Representatives, Wash- latory Parity Act, which I cosponsored Bureau (CFPB) to allow the accurate disclo- ington, DC. with Chairman ROYCE. This is a com- sure of title insurance premiums and any po- DEAR SPEAKER RYAN, LEADER PELOSI, tential available discounts to homebuyers. monsense technical fix to a 20-year-old CHAIRMAN HENSARLING AND RANKING MEMBER Under current regulations, the CFPB does statute that didn’t foresee an increase WATERS: On behalf of the Mortgage Bankers not permit title insurance companies to dis- in the number of exchanges in today’s Association (MBA), I am writing to express close available discounts for lender’s title in- our support for H.R. 3978, the TRID Improve- competitive market structure. surance on the government-mandated disclo- ment Act, which the House of Representa- Currently, exchanges not named in sure forms. This creates inconsistencies in tives will vote on this week. I would high- the law must have substantially simi- mortgage documents and causes confusion light MBA’s strong support for the inclusion lar listing standards as those that are for consumers. This section would minimize of two individual bills—H R. 2948 and the pre- specifically named. This means the that confusion by allowing title insurance viously free-standing H.R. 3978—within this companies to disclose available discounts Chicago Stock Exchange, the CBOE, updated vehicle. and accurate title insurance premiums to and others that have registered with MBA enthusiastically supports the inclu- the SEC since 1996 cannot be first mov- sion of Title V, Section 501, entitled ‘‘Elimi- consumers across the country. MBA urges all members of the House to nating barriers to jobs for loan originators,’’ ers in adopting innovative listing support the newly reframed H.R. 3978. Thank within the newly re-packaged bill. The Se- standards. you for your consideration of our views on cure and Fair Enforcement for Mortgage Li- The Chicago Stock Exchange has told this bill, which will help promote a more censing (SAFE) Act of 2008 created two par- me: ‘‘This change would remove this competitive real estate finance market and allel but asymmetrical regimes for mortgage thereby enhance overall economic develop- current impediment to companies list- loan originators (MLOs) that have resulted ment and growth. ing their securities on CHX and would in uneven consumer protections and an un- Sincerely, help in the exchange’s efforts to de- level playing field for mortgage originators. BILL KILLMER, velop a robust primary listing market The SAFE Act requires MLOs employed by Senior Vice President, Legislative non-bank lenders to be licensed, which in- here in Illinois.’’ and Political Affairs. cludes pre-licensing and annual continuing I am also very supportive of Chair- education requirements, passage of a com- Ms. MAXINE WATERS of California. man DUFFY’s legislation, the Protec- prehensive test, and criminal and financial Madam Speaker, I reserve the balance tion of Source Code Act, and I am an background reviews conducted by state regu- of my time. original cosponsor of that, because I

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Madam Speaker, lation, which combines three bipar- Chris Giancarlo, now chairman of the I yield 2 minutes to the gentleman tisan proposals that will improve the CFTC, described the value of a sub- from Maine (Mr. POLIQUIN), a hard- home buying process, protect intellec- poena when criticizing the idea of a working member of the Financial Serv- tual property, and help emerging busi- source code repository at the agency he ices Committee. nesses thrive and create jobs. By re- serves. I quote him when he said: ‘‘The Mr. POLIQUIN. Madam Speaker, I forming confusing regulations that subpoena process provides property thank the chairman for moving this make it difficult for prospective buyers owners with due process of law before very important package of bills or businesses to get title insurance, the government can seize their prop- through the Financial Services Com- this legislation will help get more fam- erty. It protects owners of property, mittee and now to the floor. ilies into homes and help local busi- not the government that already has Madam Speaker, I want to congratu- nesses grow. abundant power.’’ late a terrific Congressman from the By protecting the intellectual prop- Finally, I want to mention my sup- State of Arkansas (Mr. HILL) for the erty of investors, we are improving the port for the Fostering Innovation Act, great work he has done in reconsti- access to capital that is essential for YRSTEN SINEMA and sponsored by K tuting the TRID Improvement Act. growth and job creation in commu- TREY HOLLINGSWORTH; and the SAFE This bill, Madam Speaker, is designed nities on Long Island, where my dis- Mortgage Licensing Act, sponsored by to help our homeowners or would-be trict is located, and all across our STEVE STIVERS and JOYCE BEATTY. I am homeowners go through the process country. a cosponsor of those measures as well. I urge all of my colleagues to vote in comfortably and efficiently, and also And last but not least, by reforming support of this very bipartisan package help our financial professionals who the outdated definition of what con- of bills. help them, in turn, to secure residen- stitutes an emerging growth company, Ms. MAXINE WATERS of California. tial mortgages. this legislation takes important steps Madam Speaker, I continue to reserve This bill, as has been noted earlier, towards fostering innovation and en- the balance of my time. Madam Speaker, passed with very suring that new businesses are not dis- Mr. HENSARLING. Madam Speaker, strong bipartisan support, and I en- couraged from expansion and job cre- I yield 2 minutes to the gentleman courage everybody on the floor, Repub- ation. from Texas (Mr. WILLIAMS), the vice licans and Democrats, to weigh in with The sum of these important bipar- chairman of our Subcommittee on a ‘‘yes’’ vote on H.R. 3978. tisan solutions are more innovation, Monetary Policy and Trade. Now, Madam Speaker, Mr. HILL’s bill more hiring, and a more vibrant econ- Mr. WILLIAMS. Madam Speaker, I has two very important pieces that omy. I urge all of my colleagues to rise in support of H.R. 3978, the TRID help our families and also help our vote for this important piece of legisla- Improvement Act introduced by my economy grow. tion. I thank my colleague, Congress- colleague from Arkansas (Mr. HILL) First, in title I, section 101, this bill man HILL, for his leadership with it, and my colleague from Nevada (Mr. allows title insurance companies to ac- and Chairman HENSARLING and his KIHUEN). curately disclose the premiums they great staff for all their efforts to get This important and overwhelmingly charge for their service and also the this bill to the floor. bipartisan legislation, which passed discounts that are available to our Ms. MAXINE WATERS of California. out of the House Financial Services home buyers across the country. Right Madam Speaker, I continue to reserve Committee by a vote of 53–5, is a now, the CFPB does not allow such dis- the balance of my time. straightforward, commonsense solution closures, which is unfair and confusing Mr. HENSARLING. Madam Speaker, that will help hardworking Americans for our home buyers. I yield 2 minutes to the gentleman buy a new home or refinance their ex- Madam Speaker, secondly, in title V, from Georgia (Mr. LOUDERMILK), an- isting home. section 501, this bill includes the Elimi- other proud member of the Financial Under the CFPB’s misnamed ‘‘Know nating Barriers to Jobs for Loan Origi- Services Committee. before you owe’’ TRID rule, those in nators Act, of which I am proudly a co- Mr. LOUDERMILK. Madam Speaker, the home buying or refinancing process sponsor. This bill, Madam Speaker, al- I thank Chairman HENSARLING for his may not actually know everything lows mortgage loan officers at a bank leadership and for allowing me to come about the price they are going to pay to move to do the same work at a here and speak in support of the TRID before closing. nonbank financial institution without Improvement Act and the other bills Because of the TRID rule and the re- sometimes waiting weeks or months that are in this package. strictions placed on the listing of dis- Madam Speaker, we have seen count- counted title loan insurance rates on for redundant and unnecessary reli- less examples of overregulation and loan estimates, consumers may see one censing. regulatory mission creep by many title loan insurance price on their loan Now, that is just not fair, Madam estimate and another on their closing Speaker, to the folks who are trying to agencies, and especially of the CFPB. form. help our families secure mortgages so But one of the things the CFPB should The TRID rule creates unnecessary they can move into a new place to be doing is making sure that con- confusion, and this bill is a step in the work. sumers have the right information right direction to reducing the burden- I encourage everybody on both sides when closing on a home. some and overreaching authority of the of the aisle to support this excellent Unfortunately, the CFPB’s 2015 mort- CFPB. bill. It is bipartisan. Again, I congratu- gage disclosure caused many home I am proud to join this bipartisan ef- late the gentleman from Arkansas (Mr. buyers to not have an accurate disclo- fort, but I do wish that the CFPB had HILL), and I salute our chairman for sure of their title insurance premiums. been more willing to work with the moving this so quickly through the The commonsense bill proposed by my chorus of voices from both sides of the process. colleague, Mr. HILL, will make sure aisle calling for this change. Ms. MAXINE WATERS of California. that home buyers know exactly the The home buying experience is com- Madam Speaker, I continue to reserve cost of their title insurance, not two plicated enough as it is, and the ration- the balance of my time. different prices from a loan estimate ale displayed by the CFPB discourages Mr. HENSARLING. Madam Speaker, and a closing document. homeownership and levies unjust pen- I yield 2 minutes to the gentleman I also strongly support several other alties for those Americans striving for from New York (Mr. ZELDIN), another pieces of legislation that have been in- the dream of homeownership. member of the Financial Services Com- cluded in this package. Mr. ROSS’ bill, I am proud to join my colleagues in mittee. the FSOC Improvement Act, will make support of this measure, the TRID Im- Mr. ZELDIN. Madam Speaker, I rise regulation of large financial institu- provement Act. in strong support of the TRID Improve- tions much smarter and more effective.

VerDate Sep 11 2014 01:52 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K14FE7.053 H14FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 14, 2018 CONGRESSIONAL RECORD — HOUSE H1163 Instead of only focusing on punishing These circumstances should serve as a supported, unfortunately, by the rank- companies for violations of rules, regu- clear reminder that Congress should be ing member. lators should also focus on what should strengthening oversight of the finan- So there is, again, a lot of bipartisan be the real purpose of financial regula- cial system, not weakening it by un- work we are trying to get done here. tions, which is reducing risk. dermining or removing important pro- Unfortunately, very little of it is sup- Mr. ROSS’ bill will also allow tections. ported by the ranking member. nonbank financial companies the op- H.R. 3978 is strongly opposed by our And why is this important? It is im- portunity to reduce any risky activi- State’s security cops, who are at the portant, Madam Speaker, because ties before they are designated as sys- front line of combating fraud, and it is every day we are still hearing from our temically important. This will help fi- opposed by groups representing con- constituents who need access to com- nancial regulators to achieve their in- sumers, investors, and unions. petitive affordable credit. And because tended purpose rather than simply Madam Speaker, for all of these rea- of this Washington red tape and regu- being a gotcha game on regulated com- sons, I urge Members to oppose H.R. latory burden, they are not getting it. panies. 3978, and I yield back the balance of my It wasn’t that long ago we heard from All of these bills we are considering time. Ann of Wisconsin, who said: today received overwhelming bipar- Mr. HENSARLING. Madam Speaker, My husband and I had very high credit tisan support in the Financial Services may I inquire how much time I have scores. We have plenty of equity in our home. But because my husband has a sea- Committee, and I urge all of my col- remaining. sonal job and finds other employment in the leagues to support this legislative The SPEAKER pro tempore. The gen- winter, many banks we contacted rejected package. tleman from Texas has 7 minutes re- our loan request. They based our annual in- Ms. MAXINE WATERS of California. maining. come only on the job he has currently and Madam Speaker, may I inquire as to Mr. HENSARLING. Madam Speaker, said that was part of the new regulations. whether or not the chairman has more there may be other Members coming, Part of the new regulations—there is speakers? so, at the moment, I yield myself 4 somebody who won’t buy a home; they Mr. HENSARLING. Madam Speaker, minutes. can’t get a home. I would tell the ranking member that I Madam Speaker, again, all over I heard from a mortgage banker in have potentially two speakers, if they America today, fortunately, because of North Carolina who said: make it. They are on their way from a the Tax Cuts and Jobs Act, people are Last year, we declined a young man and hearing, but they are not here now. waking up to new opportunities. They his family fixed rate financing to purchase a are finally seeing their wages begin to primary home. The applicant recently relo- b 1600 grow. We have seen the greatest wage cated to work for a family business. Prior to Ms. MAXINE WATERS of California. growth in almost a decade, Madam Dodd-Frank, it would have been easy to qualify, but no more. Madam Speaker, I yield myself the bal- Speaker, again, thanks to President ance of my time. Trump and thanks to a Republican Another potential American home Madam Speaker, it has become par Congress, a bill that was opposed by buyer denied credit because of this reg- for the course for the majority to reck- every single Democrat. ulatory burden. Madam Speaker, that lessly advance harmful deregulatory But as they wake up to these new op- is what many of us, on both sides of the packages like H.R. 3978. My friends on portunities, Madam Speaker, they also aisle, are trying to remedy today. Madam Speaker, I am pleased to the other side of the aisle are moving need new credit. As their incomes yield 2 minutes to the gentlewoman forward with regulatory roadblocks at rise—this is good—they still need cred- from Arizona (Ms. SINEMA), a sponsor a furious pace, pushing dangerous bills it in order to buy a home, in order to of title III of the Fostering Innovation through the House nearly every week. purchase that car, and sometimes just It appears that they may have al- Act. to put groceries on the table. Unfortu- Ms. SINEMA. Madam Speaker, I rise ready completely forgotten a way that nately, over the last 8 years of the in support of H.R. 3978, a package of lacks financial regulation and allowed Obama administration where we saw commonsense solutions, each passed the crisis in 2008 to occur. That crisis probably one of the greatest increases with support of both parties by the badly damaged the whole economy and in the cost, expense, and burden of House Financial Services Committee. harmed all of our constituents. The im- costly Washington red tape, we have Madam Speaker, I also thank Congress- pact was enormous: $13 trillion in seen fewer credit opportunities. man HILL of Arkansas for his leader- household wealth was lost; 11 million So now, fortunately, today there are ship in moving the package forward. people lost their homes to foreclosure; good men and women on both sides of One of these solutions is H.R. 1645, and the unemployment rate reached 10 the aisle who are trying to work to- the Fostering Innovation Act, legisla- percent. gether to bring some rationale and rea- tion we introduced to help Arizona bio- Democrats responded by enacting son to the regulatory burden. Many pharmaceutical companies make life- Wall Street reform to ensure that con- Members on the other side of the aisle saving breakthroughs. sumers, investors, and our economy are do realize that Dodd-Frank did not Business expenses always involve protected from reckless actors and bad come down as tablets from Mt. Sinai, tradeoffs. When Arizona small busi- practices, but now Republicans cannot that it isn’t chiseled into stone, and nesses spend money on costly regula- wait to take us back to the bad old that maybe there are some improve- tions that provide little public benefit, days. It makes no sense. ments that could be made. they have less money to invest in re- As we have discussed, the package of So today, we are taking a number of search, development, and job creation bills now before us guts important fi- very bipartisan bills to the House floor. for Arizona families. nancial protections at a time when The Protecting Consumers’ Access to That is why I introduced this bill. markets are already experiencing tur- Credit Act, which we debated earlier, This narrow fix ensures that innova- moil. It would allow high-frequency Madam Speaker, passed by 42–17. tive emerging growth companies, or traders to manipulate the stock mar- The TRID Improvement Act by Mr. EGCs, have the time and capital to de- kets undetected, encourage a regu- HILL from Arkansas passed through our velop and perfect scientific break- latory race to the bottom at our Na- committee 53–5—90 percent. Almost all throughs. Right now, they are exempt- tion’s stock exchanges, and harm in- of the Democrats but the ranking ed only for 5 years from these costly vestors by weakening efforts to detect member supported the bill. The Protec- external audit requirements. That is accounting fraud at smaller public tion of Source Code Act, 46–14; the Fos- often not enough time for these emerg- companies. This package of bills tering Innovation Act passed by a vote ing companies to prepare innovations threatens important progress we have of 48–12, a Democratic bill; the Na- for commercialization. Our bill tempo- made to reduce risk in the financial tional Securities Exchange Regulatory rarily extends this exemption for an system and return investor confidence. Parity Act, 46–14. additional 5 years for a small subset of In recent weeks, we have seen vola- We have a lot of bipartisan bills, but these EGCs with an annual revenue of tile markets that threaten the savings with one exception, title V of the TRID less than $50 million and less than $700 of hardworking American families. Improvement Act, none of them were million in public float.

VerDate Sep 11 2014 01:52 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K14FE7.054 H14FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H1164 CONGRESSIONAL RECORD — HOUSE February 14, 2018 The Fostering Innovation Act em- CENTER FOR AMERICAN PROGRESS, time it will take for the legal proceedings to powers innovative Arizona companies, Washington, DC, February 13, 2018. play out when a company challenges the des- like HTG Molecular Diagnostics, to use Hon. PAUL RYAN, ignation in court. The legal challenge by MetLife took years, and likely would have valuable resources to remain competi- Speaker, House of Representatives, Washington, DC. taken longer if the Trump administration tive, stable, and, ultimately, success- Hon. NANCY PELOSI, didn’t agree to stop pursuing the case. If ful. Democratic Leader, House of Representatives, anything, this bill increases the procedural HTG is a Tucson-based developer of Washington, DC. issues a designated company could raise in targeted molecular profiling tech- DEAR SPEAKER RYAN AND LEADER PELOSI: court. H.R. 4061 practically invites a legal filibuster of the designation. It renders the nology. This innovation ensures ge- The Center for American Progress (‘‘CAP’’) is writing today to express opposition to designation authority nearly useless. netic testing can be turned around ac- H.R. 4061, the Financial Stability Oversight Hollowing out this crucial post-crisis author- curately and quickly, in as little as 24 Council Improvement Act of 2017, which is ity makes it far more likely that an under- hours. For patients, doctors, and fami- included as Title VI of the revised H.R. 3978 regulated systemically important nonbank lies grappling with unexplainable package. It is our understanding that the re- will cause or aggravate the next financial symptoms or illnesses, genetic testing vised H.R. 3978 package will be considered on crisis. the floor of the House of Representatives Contrary to critics of the FSOC, it is not a can provide critical insights and in- rigid body and has in the past responded to form the best course of treatment. this week, so we welcome the chance to share our concerns regarding this legislation legitimate process and transparency sugges- These are lifesaving breakthroughs. with you and your Members. tions. In 2015, after soliciting public com- It is what companies like HTG should In short, this bill erodes a vital new finan- ment, the FSOC adopted 17 changes to its use their limited resources to fund, not cial regulatory tool implemented following designation process and transparency poli- unnecessary and costly paperwork. the devastating 2007–2008 financial crisis. If cies The current designation process in place enacted, the U.S. financial regulatory struc- is rigorous and appropriately thorough. H.R. I urge my colleagues to support ture will be less equipped to handle risks 4061 would add no less than nine new bureau- American ingenuity, job creation, and that build up outside of the traditional bank- cratic steps. These proposed changes are ex- growth by passing this act. ing sector—making the financial sector as a cessive, and the intent is clear: To prevent the FSOC from using this vital tool. Mr. Speaker, I thank, in particular, whole more vulnerable to another shock and economic downturn. Americans paid for the This legislation is even more concerning Chairman HENSARLING and Congress- last crisis with their jobs, homes, and sav- given the actions Treasury Secretary Steven man HOLLINGSWORTH of Indiana for ings, while banks and other financial institu- Mnuchin, Chairman of the FSOC, has taken working with me on a consensus solu- tions were bailed out. This bill inexplicably since the start of the Trump administration. tion that cuts red tape and supports in- makes a repeat of that economic calamity The FSOC, under Mnuchin’s leadership, has: novative and potentially lifesaving more likely. (i) rescinded the designation of AIG, the company that received a $182 billion bailout medical research. The 2007–2008 financial crisis demonstrated that excessive risk could build up outside of during the crisis; (ii) slashed the FSOC’s Mr. HENSARLING. Mr. Speaker, the traditional banking sector. Nonbank fi- budget and staff; (iii) dropped the legal pro- may I inquire how much time I have nancial institutions like Lehman Brothers, ceedings regarding MetLife’s designation; remaining. Bear Stearns, and AIG did not face the type (iv) signaled that Prudential’s designation may be rescinded this year; and (v) rec- The SPEAKER pro tempore (Mr. of oversight and regulatory standards war- ranted by their systemic importance. The ommended some deeply concerning addi- YODER). The gentleman from Texas has failure or near-failure of these institutions tional changes to the FSOC’s designation 1 minute remaining. threatened the stability of the U.S. financial process in a report published in late 2017. Mr. HENSARLING. Mr. Speaker, I sector. AIG and Bear Stearns were bailed out Further restricting the FSOC’s authority at yield myself the balance of my time. accordingly, while the failure of Lehman a time when it is being dismantled from within would be a grave mistake. Mr. Speaker, once again, I want to Brothers brought the global financial system to the brink of collapse. The crisis also re- For these reasons, CAP recommends that Members vote ‘‘NO’’ when the revised H.R. hear the voices of hardworking Ameri- vealed that no one financial regulator had a 3978 package of bills, which includes H.R. cans, not just Washington, D.C., letter- system-wide mandate, meaning individual head groups. 4061, is considered on the floor. regulators were only focused on their respec- If you have any questions about this letter We heard from a community banker, tive segments of the financial sector. This or would like to discuss these issues further, who said: left financial regulators in the dark regard- please contact Gregg Gelzinis. ing risks that built up across different parts Sincerely, A local union member wanted to refinance of the sector or that emerged in underregu- GREGG GELZINIS, his primary residence. He was currently laid lated parts of the sector. Research Assistant, Economic off due to the winter season. His tax return In the wake of the financial crisis, Presi- Policy, Center for American Progress. showed he was generally laid off for about 6 dent Obama worked with Congress to pass the Dodd-Frank Wall Street Reform and weeks each year during the extreme cold but February 13, 2018. was always called back when weather im- Consumer Protection Act—the most signifi- DEAR REPRESENTATIVE, The undersigned proved. Since he was laid off, we could not cant financial regulatory reforms enacted organizations urge you to vote against H.R. meet the requirement to validate his current since the Great Depression. One important 3978, the TRID Improvement Act. The bill, income that would continue for 3 years. We pillar of Dodd-Frank was the creation of the which amends Section 2603 of RESPA, would had to deny the loan. Financial Stability Oversight Council create confusion and undermine consistency (‘‘FSOC’’), a new systemic risk regulatory in mortgage disclosures. In particular, the Yet again, Mr. Speaker, more Wash- body. The FSOC was created to bring the dis- ington red tape taking away home op- bill would make it harder for consumers to parate financial regulators together to iden- understand how much they are paying for portunities from hardworking Ameri- tify and mitigate threats to financial sta- title insurance, a required fee that already cans. It is wrong. We must do some- bility. The most important tool given to the lacks a transparent, functioning market. thing about it. It is why, on a bipar- FSOC to fulfill this mission is the authority In 2007, a GAO report concluded that bor- tisan basis, so many of us have gotten to subject a nonbank financial company to rowers ‘‘have little or no influence over the together to pass H.R. 3978. enhanced oversight and regulation by the price of title insurance but have little choice Federal Reserve Board if material distress at but to purchase it.’’ Instead, the lender typi- Yes, we want to make sure that peo- the company, or the company’s activities, cally chooses the insurer. As a result, the ple can buy homes, they can buy cars, could threaten financial stability. The FSOC fees are grossly inflated in relation to the they can put groceries on the table, has used this designation authority spar- value of the insurance. Recent studies have and right now, when the economy is fi- ingly and only after a thorough, multi-stage found that barely 5% to 11% of premiums are nally starting to improve, thanks to review process in which the FSOC commu- paid out in claims. Almost the entirety of a President Trump and the Tax Cuts and nicates extensively with the company and title insurance premium goes to commis- Jobs Act, we want them to have oppor- the company’s primary regulators. sions, not insurance coverage. In contrast, H.R. 4061 would add multiple additional for health insurance, minimally 80% of pre- tunities. hurdles to the FSOC’s already-rigorous des- miums are returned to consumers in claim Mr. Speaker, I encourage all Mem- ignation process. The proposed changes payouts and the loss ratios for auto insur- bers to support H.R. 3978, and I yield would add an estimated two years to the des- ance fluctuate between 50% and 70%. Bor- back the balance of my time. ignation process, meaning it would take rowers already pay inflated title insurance roughly four years for the FSOC to designate costs. Increased confusion in title insurance Ms. MAXINE WATERS of California. Mr. a nonbank financial company that could price disclosures would only serve to exacer- Speaker, I include in the RECORD the following threaten U.S. financial stability. The four- bate the problems in the market with trans- letters of opposition. year estimate does not even factor in the parency and fairness.

VerDate Sep 11 2014 03:24 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K14FE7.056 H14FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 14, 2018 CONGRESSIONAL RECORD — HOUSE H1165 The method required by the Consumer Fi- auditors to attest to the adequacy of those exchanges, we oppose it. Furthermore, be- nancial Protection Bureau for disclosing controls as part of the financial statement cause this legislation is being attached to title insurance premiums reduces consumer audit contributes to the market trans- the TRID bill, we urge you to oppose the en- confusion and enhances consistency between parency and integrity that is essential to a tire package. the estimated and final loan cost disclosures. healthy capital formation process. Moreover, The TRID bill should not be used as a vehi- The bill would change the final loan disclo- the number and severity of financial restate- cle to pass extraneous, anti-investor bills. sure, decreasing consistency with the initial ments has declined since the requirement Because the bills attached to the TRID bill disclosure. As a result, it would increase con- was adopted, which demonstrates that these would harm investors and undermine the in- sumer confusion, especially where the con- requirements have benefited the market sig- tegrity of our capital markets, we urge you sumer opts not to purchase both lender and nificantly. Because this legislation would to vote no on the entire package when H.R. owner policies (only the lender policy is re- make financial accounting fraud more like- 3978 comes to the floor this week. quired) after getting the early disclosure ly, we oppose it. Furthermore, because this Respectfully submitted, containing both. legislation is being attached to the TRID BARBARA ROPER, The bill’s requirement to disclose the ‘‘ac- bill, we urge you to oppose the entire pack- Director of Investor tual’’ cost of the insurance will lead to con- age. Protection. fusion in almost half of the states because H.R. 3948, the ‘‘Protection of Source Code MICAH HAUPTMAN, the calculation of premiums is not standard- Act,’’ would weaken SEC oversight of algo- Financial Services ized under state law and title companies rithmic trading and hamstring the agency Counsel. within those states do not provide com- from responding quickly to flash crashes or parable rates. In contrast, the CFPB regula- other market breakdowns. The SPEAKER pro tempore. All time tions take into account that comparison At a time when algorithmic trading is tak- for debate on the bill has expired. shopping in such states is not possible and ing on increased importance in our capital AMENDMENT NO. 1 OFFERED BY MR. FOSTER provides a standardized approach. Further markets, this bill would make it more dif- Mr. FOSTER. Mr. Speaker, I have an refinement of the title insurance disclosures ficult for the SEC to properly oversee such amendment at the desk. can be addressed by the CFPB itself in co- trading. The bill would require the SEC to first issue a subpoena before it could compel The SPEAKER pro tempore. The operation with stakeholders to ensure any Clerk will designate the amendment. outstanding issues are addressed with the a person to produce or furnish to the SEC al- input of all affected parties. gorithmic trading source code or ‘‘similar in- The text of the amendment is as fol- We urge you not to undermine the CFPB’s tellectual property.’’ This would undermine lows: careful rules for restoring transparency and the SEC’s examination authority by creating Page 3, line 4, strike ‘‘source code, includ- market competition to the title insurance a gaping hole in its ability to gain access to ing’’. market. Please vote no on H.R. 3978. firm records relevant to the examination. It Page 3, line 6, insert ‘‘algorithmic trading’’ Sincerely, would also have a devastating effect on the before ‘‘source code’’. AMERICANS FOR FINANCIAL agency’s ability to respond quickly in the Page 3, line 15, strike ‘‘source code, includ- REFORM. event of another ‘‘flash crash’’ or other such ing’’. CENTER FOR RESPONSIBLE events in the future. In order to oversee the Page 3, line 17, insert ‘‘algorithmic trad- LENDING. markets effectively, the SEC needs to be ing’’ before ‘‘source code’’. NATIONAL ASSOCIATION OF able to accurately and efficiently recon- Page 3, line 25, strike ‘‘source code, includ- CONSUMER ADVOCATES. struct order entry and trading activity, in- ing’’. NATIONAL CONSUMER LAW cluding for algorithmic traders. Because this Page 4, line 2, insert ‘‘algorithmic trading’’ CENTER (ON BEHALF OF legislation would weaken SEC oversight of before ‘‘source code’’. ITS LOW-INCOME CLIENTS). algorithmic trading and hamstring the agen- Page 4, line 11, strike ‘‘source code, includ- cy from responding quickly to flash crashes ing’’. CONSUMER FEDERATION OF AMERICA, or other market breakdowns, we oppose it. Page 4, line 13, insert ‘‘algorithmic trad- February 12, 2018. Furthermore, because this legislation is ing’’ before ‘‘source code’’. DEAR REPRESENTATIVE: We understand the being attached to the TRID bill, we urge you The SPEAKER pro tempore. Pursu- House is scheduled to vote this week on H.R. to oppose the entire package. ant to House Resolution 736, the gen- 3978, the ‘‘TRID Improvement Act.’’ While H.R. 4546, the ‘‘National Securities Ex- we did not take a position on this bill when change Regulatory Parity Act,’’ would dras- tleman from Illinois (Mr. FOSTER) and it came before the House Financial Services tically weaken standards for securities to be a Member opposed each will control 5 Committee, we urge you to oppose it now listed and traded on exchanges. minutes. that it includes the following extraneous, H.R. 4546 would change the terms on which The Chair recognizes the gentleman anti-investor bills: H.R. 3948, the ‘‘Protection securities are deemed ‘‘covered securities,’’ from Illinois. of Source Code Act;’’ H.R. 1645, the ‘‘Fos- and thus exempt from state oversight. It Mr. FOSTER. Mr. Speaker, my tering Innovation Act;’’ and H.R. 4546, the would do so by removing any requirement amendment clarifies that this bill is ‘‘National Securities Exchange Regulatory that these securities have to meet conditions comparable to the current listing standards only intended to apply to the source Parity Act.’’ Each of these bills would harm code underpinning algorithmic trading investors and undermine the integrity of our on leading national exchanges. Instead, any capital markets. security listed on an exchange that is a rather than any computer code that ex- H.R. 1645, the ‘‘Fostering Innovation Act,’’ member of the National Market System ists anywhere in the enterprise. would make financial accounting fraud more (NMS) would be exempt from state regula- The algorithmic source code at a likely. tion and oversight. Because the bill would trading firm are its crown jewels. It is This legislation would extend the period of not establish any core quantitative or quali- basically the core of its existence in its time in which certain public companies tative requirements for covered securities to intellectual property. would be exempt from a requirement that replace those eliminated by the bill, it would provides important protections against fi- likely accelerate an already troubling race It is not merely historical or descrip- nancial reporting errors, including errors to the bottom in listing standards among tive like books or records that regu- that are the result of fraud. That is the re- NMS members. Moreover, the bill does not lators routinely have access to. Like- quirement under Section 404(b) of the Sar- sufficiently protect against the possibility wise, it is not a broad expression of banes-Oxley Act that requires auditors, as that a venture exchange could eventually be strategies that a firm might use some part of their audits of public company finan- established specifically to meet the bill’s re- time in the future. Rather, it is a spe- cial statements, to assess and attest to the quirements for state preemption. If this were cific and prescriptive algorithm that adequacy of the company’s internal controls to occur, smaller, more local offerings typi- generates a specific outcome based on to ensure accurate financial reporting. This cally overseen by states could be ‘‘designated bill would extend this exemption for up to as qualified for trading’’ on such an exchange a specific set of inputs. five years to a class of companies, including without any assurance that they can meet The firms that rely on algorithmic those that have gone public but may be basic quantitative and qualitative standards trading have Ph.D. scientists, mathe- struggling to produce significant revenues, designed to ensure investors are appro- maticians, and economists researching that could have a particular incentive to ma- priately protected. In short, this bill would correlations that lead to these rela- nipulate their financial statements in order eliminate protections afforded by state over- tionships between the inputs and out- to attract more capital. Companies should sight, fail to replace the current meaningful puts. These may be simple but may not be permitted to raise capital in the pub- protections afforded by high listing stand- also be incredibly complex, involving lic markets if they do not have adequate ards with a comparable alternative, and multiple inputs that do not appear re- controls in place to prevent financial report- leave investors without any reasonable hope ing errors and fraud. And auditors cannot that the SEC will be able to provide effective lated at first glance. reasonably attest to the accuracy of a com- oversight at the federal level. Because this This complexity, coupled with the pany’s financial statements without care- legislation would drastically weaken stand- fact that they are written largely in fully assessing those controls. Requiring ards for securities to be listed and traded on computer code, limits the usefulness of

VerDate Sep 11 2014 01:52 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\A14FE7.024 H14FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H1166 CONGRESSIONAL RECORD — HOUSE February 14, 2018 inspecting source code as an examina- language of title II, the amendment The bill was ordered to be engrossed tion tool. It is, rather, the behavior of cannot fix this untimely and ill-ad- and read a third time, and was read the the firm in the market that represents vised legislation. Even as amended, third time. potential violations of security laws. title II would undermine effective over- MOTION TO RECOMMIT Manipulative behavior, like frequently sight of the high-frequency traders Mr. CAPUANO. Mr. Speaker, I have a displaying or canceling orders, should that simultaneously create and stand motion to recommit at the desk. get the regulators’ attention and to benefit from the kind of extreme The SPEAKER pro tempore. Is the prompt them to ask the firm to explain market volatility that we have seen in gentleman opposed to the bill? it. the past few weeks. Mr. CAPUANO. I am, in its current Source code would be and will be a Let’s not forget that, on May 6, 2010, form. valuable part of any investigation or in an event referred to as the ‘‘flash Mr. HENSARLING. Mr. Speaker, I re- enforcement action into observed ma- crash,’’ major U.S. stock indices serve a point of order on the gentle- nipulation of the market, but this is inexplicably plummeted nearly $1 tril- man’s motion. not the basis and should not be the lion in less than an hour before mostly The SPEAKER pro tempore. A point basis for casual inspection. It would rebounding. Alarmingly, market regu- of order on the motion is reserved. probably be central to proving the ele- lators took nearly 5 months to deter- The Clerk will report the motion to ment of intent in an enforcement ac- mine that the flash crash was caused recommit. tion because it demonstrates that the by a combination of a flawed execution The Clerk read as follows: algorithm was designed to engage in, algorithm of one institutional investor Mr. Capuano moves to recommit the bill for example, manipulative or abusive and aggressive algorithmic trading by H.R. 3978 to the Committee on Financial behavior. HFTs. Services with instructions to report the To this end, it is imperative that the While it is too early to tell exactly same back to the House forthwith with the firms achieve archived versions in ef- what created the recent volatility in following amendment: Page 5, line 13, strike ‘‘and’’. fect at any given time and log modi- the U.S. stock market, market ana- Page 5, line 14, strike the period and insert fications to those algorithms, includ- lysts have suggested that algorithmic ‘‘; and’’. ing who made them, at any time that trading has played a central role. In Page 5, after line 14, insert the following: the code is altered. These should al- fact, just last Tuesday, the day after ‘‘(D) has claw back policies to require any ways be available by subpoena. the Dow Jones Industrial Average saw executive officer incentive-based compensa- Additionally, I believe that most its biggest one-day point drop in his- tion to be clawed-back in the event that the firms would allow the regulator on site tory, Treasury Secretary Steve issuer is required to prepare an accounting Mnuchin testified before the House Fi- restatement due to the material noncompli- to examine the source code on an air ance of the issuer with any financial report- gap computer. To treat the source code nancial Services Committee that algo- ing requirement under the securities laws (as as ordinary books and records would rithmic trading ‘‘definitely had an im- defined in section 3(a) of the Securities Ex- not limit the regulator to onsite exam- pact on market moves.’’ change Act of 1934), regardless of whether ination, but would allow for staff to re- Given the importance of algorithmic such compensation was paid to an officer quest it and that it be made available trading in our stock market, it makes who was a party to the actions that resulted offsite, which has real dangers. no sense to obstruct the SEC’s access in such restatement.’’. Because of the value the firm carries to the information that enables such Mr. CAPUANO (during the reading). with its proprietary algorithms, it activity merely because it exists in an Mr. Speaker, I ask unanimous consent makes sense that the firm would be re- electronic format. Americans who have that the motion be considered as read. luctant to allow any undue access to trillions of their dollars in 401(k) and The SPEAKER pro tempore. Is there its crown jewels. It is really, I believe other retirement and savings plans de- objection to the request of the gen- and I think the majority of my col- serve the SEC’s best efforts in inves- tleman from Massachusetts? leagues believe, something that should tigating and mitigating computer-driv- Mr. HENSARLING. I object. be accessible only by a subpoena. en market disruptions. For this reason The SPEAKER pro tempore. Objec- My amendment simply clarifies that and for all of these reasons, and given tion is heard. it is only the algorithmic trading code my broader concerns that the bill The Clerk will continue to read. and related information that should be would significantly harm investor con- The Clerk continued to read. covered. I urge my colleagues to sup- fidence in our markets even if the The SPEAKER pro tempore. Pursu- port my amendment and, upon its amendment is adopted, I am urging a ant to the rule, the gentleman from adoption, to support the bill on final ‘‘no’’ vote on H.R. 3978. Massachusetts is recognized for 5 min- passage. Mr. Speaker, I yield back the balance utes in support of his motion. Mr. Speaker, I reserve the balance of of my time. Mr. CAPUANO. Mr. Speaker, my my time. Mr. FOSTER. Mr. Speaker, I would amendment simply requires a company just like to simply reiterate that it to have a policy in place to claw back b 1615 should be the actions in the market executives’ incentive-based pay if it is Ms. MAXINE WATERS of California. that are the first indications that the materially noncompliant with finan- Mr. Speaker, I rise in opposition to the regulators should have a look at, and cial reporting requirements. Now, amendment. when they see suspicious activity in those words matter because the words The SPEAKER pro tempore. The gen- the market, that is the time to get the ‘‘materially noncompliant’’ mean tlewoman from California is recognized subpoena and go after the source code. something in the accounting world. It for 5 minutes. With that, I just urge the adoption of has to be a big change, not just some Ms. MAXINE WATERS of California. the amendment and the passage of the minor, little accounting error. Mr. Speaker, the current language of underlying bill. This amendment really should be title II of H.R. 3978 would require SEC Mr. Speaker, I yield back the balance noncontroversial. It is outrageous, not examination staff to obtain a subpoena of my time. to mention shortsighted, that almost a before it could inspect any source code The SPEAKER pro tempore. Pursu- decade after the crisis that wrecked whatsoever, including, for example, ant to the rule, the previous question the economy we still don’t have com- computer code reflecting a firm’s ad- is ordered on the bill, as amended, and monsense safeguards in place to ensure herence to the SEC’s cybersecurity reg- on the amendment offered by the gen- that CEOs do not turn a blind eye to ulations. tleman from Illinois (Mr. FOSTER). problems that lead to a public restate- The amendment offered by Mr. FOS- The question is on the amendment ment of their company’s financials. TER would narrow the requirement in offered by the gentleman from Illinois This is not something hypothetical. title II to only apply to proprietary (Mr. FOSTER). It happens on a pretty regular basis. It source code related to algorithmic The amendment was agreed to. is not relegated to just the past. Every- trading. While I applaud Mr. FOSTER The SPEAKER pro tempore. The body here is pretty familiar with Wells and the amendment’s cosponsor, Mr. question is on the engrossment and Fargo Bank. It has generated scandal SCOTT, for narrowing the overbroad third reading of the bill. after scandal by ripping off its own

VerDate Sep 11 2014 01:52 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K14FE7.058 H14FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 14, 2018 CONGRESSIONAL RECORD — HOUSE H1167 consumers. Last year, the bank settled don’t think that is controversial. I up, the ranking member of the relevant an 11-year lawsuit with the Depart- don’t think that is partisan. I don’t subcommittee, the gentlewoman from ment of Justice because it overcharged think that is antibusiness. I don’t New York (Mrs. MALONEY), supported veterans who applied for home loan re- think that is overregulation. It is sim- the provision and said: This is a sen- financing. At the same time, we ply fair. sible compromise that provides a nar- learned of hundreds of thousands of car We don’t let bank robbers keep their rowly targeted relief to only the com- loan customers charged for car insur- money. We don’t let other people who panies that truly need it. ance that they never agreed to pur- commit wrongdoings keep the profits Researching a new drug and getting chase. that they have. Why should we let cor- FDA approval is a very, very long proc- In 2016, we learned of millions of fake porations who go out of their way— ess, which is exactly what we heard in deposits and credit card statements some, not all, only a handful go out of our committee. For example, we have opened up by Wells Fargo and then their way—to make sure that they hide heard from John Blake, senior vice charging their customers. Last Sep- their bad actions, report them badly? president of finance at Atyr Pharma, tember, the bank failed to refund in- And when they get caught and have to who testified before the Subcommittee surance payments made by customers report them appropriately, they still on Capital Markets, Securities, and In- who paid off their car loans early. And get to keep the ill-gotten gains. vestments. He said: It remains the case most recently, we found out that they That is all this recommit does. It is that the biotech development time line delayed mortgage closing dates in simple. It is straightforward. And I is a decades-long affair. It is extremely order to jack up their own fees. would hope that my friends on not just likely that Atyr will still be in the lab, These abuses come on top of $10 bil- the other side but on both sides of this in the clinic, when our EGC clock ex- lion in fines by that bank that has been aisle see this as a thoughtful, insight- pires, our early growth company. paid in recent years for everything ful, and commonsense approach to In other words, they may have reve- from mortgage fraud, illegal mar- amend this bill. nues, but they don’t have profits. They keting, kickback schemes, insider Mr. Speaker, with that, I yield back don’t have profits. This is something trading, racial discrimination, and stu- the remainder of my time. that is especially common in the dent loan scams. Yet the bank believes Mr. HENSARLING. Mr. Speaker, I biotech area. They need this capital for that this kind of consistent misconduct withdraw my reservation of a point of innovation. is not materially financially important order. So once again, we have heard this enough to require a restatement. The SPEAKER pro tempore. The res- rhetoric on the other side of the aisle Wells Fargo has only ever clawed ervation of a point of order is with- before. This is all about Dodd-Frank back a few tiny dollars from its execu- drawn. revisited. They aim at Wall Street, but tives. All this recommit does is simply Mr. HENSARLING. Mr. Speaker, I they are hitting Main Street, Mr. says that if you commit an act that re- claim time in opposition. Speaker. The MTR, the motion to re- quires a material change in your public The SPEAKER pro tempore. The gen- commit, hits Main Street in the gut. It statements, you shouldn’t profit by it. tleman from Texas is recognized for 5 will mean fewer early growth compa- That is all. Not basic pay; just the in- minutes. nies. It will mean fewer jobs. It will centive pay tied to those actions. Mr. HENSARLING. Mr. Speaker, I mean lower wage growth. And it will The underlying bill goes in the oppo- listened very carefully to my colleague mean, again, a decimated and declining site direction. It makes it more likely on the Financial Services Committee. I American Dream. that there will be material inaccura- lost track of how many times he men- cies in certain public companies’ finan- tioned Wells Fargo. That has nothing b 1630 cial statements. If this is what Con- to do with an early growth company. Mr. Speaker, we should reject the gress is going to do, we should, at the That has nothing to do with this title motion to recommit, and we should very least, not incentivize that bad be- of the bill. support the underlying bill. havior. Title III of this bill allows new So the Fostering Innovation Act by Mr. Speaker, I yield back the balance public companies to get out of inde- the gentlewoman from Arizona is all of my time. pendent audit requirements for 10 about allowing emerging-growth com- The SPEAKER pro tempore. Without years—ten years. panies the opportunity to actually objection, the previous question is or- Now, we all think, well, that is fine grow. What a novel concept. dered on the motion to recommit. for a small company. Small company? What we know is, Mr. Speaker, in 8 There was no objection. Up to $700 million of company shares? years of Obamanomics, they were only The SPEAKER pro tempore. The That is a small company? Those are able to produce about 1.8 percent eco- question is on the motion to recommit. significant companies that put lots of nomic growth, for all intents and pur- The question was taken; and the people at risk, shareholders and inves- poses. Nobody’s savings account came Speaker pro tempore announced that tors. back. Wages were stagnant. And now the noes appeared to have it. In 2002, the Sarbanes-Oxley Act—I that we have sensible regulation, now Mr. CAPUANO. Mr. Speaker, on that want to repeat, the Sarbanes-Oxley Act that we have passed the Tax Cuts and I demand the yeas and nays. because Mike Oxley was the Repub- Jobs Act, now we have 3 percent eco- The yeas and nays were ordered. lican chair of the Financial Services nomic growth, which is economic The SPEAKER pro tempore. Pursu- Committee at the time—requires com- growth for America’s working families. ant to clause 8 and clause 9 of rule XX, panies to issue stock to publicly report Unemployment is at a 17-year low. It this 15-minute vote on the motion to their internal control structures and remains at a 17-year low. recommit will be followed by 5-minute procedures for financial reporting. Again, wages grew at 2.9 percent last votes on: Those reports have to be attested to year, the fastest in almost a decade. Passage of the bill, if ordered; and and covered in an audit report. Two million Americans have gone back Passage of H.R. 3299. There is a reason why an independent to work, Mr. Speaker, and this is not The vote was taken by electronic de- audit of large corporations is a good by accident. vice, and there were—yeas 189, nays thing: it makes it harder for them to So what the gentleman is doing with 228, not voting 13, as follows: hide bad actions. This recommit, again, his motion to recommit is sending us it is simple. It doesn’t change the un- back. He is rolling the clock back to an [Roll No. 76] derlying bill. It simply says: If a cor- era where working Americans didn’t YEAS—189 poration makes a material change to get ahead, where entrepreneurship was Adams Blunt Rochester Ca´ rdenas Aguilar Bonamici Carson (IN) its publicly stated financial records at a generational low, where small Barraga´ n Brady (PA) Cartwright and an executive’s incentive pay has businesses were finding it hard to ac- Beatty Brown (MD) Castor (FL) been tied to the profits made off of that cess lines of credit. So the bill that he Bera Brownley (CA) Castro (TX) now-changed policy, the company has so much maligns from the gentle- Beyer Bustos Chu, Judy Bishop (GA) Butterfield Cicilline to have a policy in place whereby to woman from Arizona, who happens to Blum Capuano Clark (MA) claw back those ill-gotten profits. I reside on his side of the aisle—at mark- Blumenauer Carbajal Clarke (NY)

VerDate Sep 11 2014 01:52 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K14FE7.061 H14FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H1168 CONGRESSIONAL RECORD — HOUSE February 14, 2018 Clay Kaptur Peterson Lamborn Palmer Smith (MO) Costello (PA) Joyce (OH) Rice (NY) Cleaver Keating Pingree Lance Paulsen Smith (NE) Cramer Katko Rice (SC) Clyburn Kelly (IL) Pocan Latta Perry Smith (NJ) Crawford Kelly (MS) Roby Cohen Kennedy Polis Lewis (MN) Pittenger Smith (TX) Cuellar Kelly (PA) Roe (TN) Connolly Khanna Price (NC) Long Poe (TX) Smucker Culberson Kihuen Rogers (AL) Cooper Kihuen Quigley Loudermilk Poliquin Stefanik Curbelo (FL) Kilmer Rohrabacher Correa Kildee Raskin Love Ratcliffe Stewart Curtis Kind Rokita Courtney Kilmer Rice (NY) Lucas Reed Taylor Davidson King (IA) Rooney, Francis Crist Kind Richmond Luetkemeyer Reichert Thompson (PA) Davis, Rodney King (NY) Rooney, Thomas Crowley Krishnamoorthi Rosen MacArthur Renacci Thornberry Delaney Kinzinger J. DelBene Cuellar Kuster (NH) Roybal-Allard Marchant Rice (SC) Tipton Knight Ros-Lehtinen Marino Roby Denham Kuster (NH) Roskam Davis (CA) Langevin Ruiz Trott Davis, Danny Larsen (WA) Marshall Roe (TN) Dent Kustoff (TN) Ross Ruppersberger Turner DeFazio Larson (CT) Massie Rogers (AL) DeSantis Labrador Rothfus Rush Upton DeGette Lawrence Mast Rohrabacher DesJarlais LaHood Rouzer Ryan (OH) Valadao Delaney Lawson (FL) McCarthy Rokita Diaz-Balart LaMalfa Royce (CA) ´ Wagner DeLauro Lee Sanchez McCaul Rooney, Francis Donovan Lamborn Ruppersberger Walberg DelBene Levin Sarbanes McClintock Rooney, Thomas Duffy Lance Russell Walden Demings Lewis (GA) Schakowsky McHenry J. Duncan (TN) Larsen (WA) Rutherford Walker DeSaulnier Lieu, Ted Schiff McKinley Ros-Lehtinen Dunn Latta Sanford Walorski Deutch Lipinski Schneider McMorris Roskam Emmer Lewis (MN) Schneider Walters, Mimi Dingell Loebsack Schrader Rodgers Ross Estes (KS) Lipinski Schrader Doggett Lofgren Scott (VA) McSally Rothfus Weber (TX) Farenthold Loebsack Schweikert Doyle, Michael Lowenthal Scott, David Meadows Rouzer Webster (FL) Faso Long Scott, Austin F. Lowey Serrano Meehan Royce (CA) Wenstrup Ferguson Loudermilk Scott, David Ellison Lujan Grisham, Sewell (AL) Messer Russell Westerman Fitzpatrick Love Sensenbrenner Engel M. Shea-Porter Mitchell Rutherford Williams Fleischmann Lucas Sessions Eshoo Luja´ n, Ben Ray Sherman Moolenaar Sanford Wilson (SC) Flores Luetkemeyer Sewell (AL) Espaillat Lynch Sinema Mooney (WV) Scalise Wittman Fortenberry MacArthur Sherman Esty (CT) Maloney, Sires Mullin Schweikert Womack Foster Maloney, Sean Shimkus Evans Carolyn B. Slaughter Newhouse Scott, Austin Woodall Foxx Marchant Shuster Foster Maloney, Sean Smith (WA) Noem Sensenbrenner Yoder Frelinghuysen Marino Simpson Frankel (FL) Matsui Soto Norman Sessions Yoho Gaetz Marshall Sinema Fudge McCollum Speier Nunes Shimkus Young (AK) Gallagher Massie Smith (MO) Young (IA) Gabbard McEachin Suozzi Olson Shuster Garrett Mast Smith (NE) Palazzo Simpson Zeldin Gianforte McCarthy Smith (NJ) Gallego McGovern Swalwell (CA) Garamendi McNerney Gibbs McCaul Smith (TX) Takano Gomez Meeks NOT VOTING—13 Gohmert McClintock Smucker Thompson (CA) Gonzalez (TX) Meng Bass Duncan (SC) Rogers (KY) Gonzalez (TX) McHenry Soto Thompson (MS) Gottheimer Moore Boyle, Brendan Gutie´rrez Stivers Goodlatte McKinley Stefanik Titus Green, Al Moulton F. LoBiondo Gosar McMorris Stewart Tonko Tenney Green, Gene Murphy (FL) Costa Pearce Watson Coleman Gottheimer Rodgers Suozzi Grijalva Nadler Torres Cummings Posey Gowdy McSally Taylor Hanabusa Napolitano Tsongas Granger Meadows Tenney Vargas Hastings Neal 1656 Graves (GA) Meehan Thompson (PA) Heck Nolan Veasey b Graves (LA) Meeks Thornberry Higgins (NY) Norcross Vela Messrs. BOST, MESSER, DAVIDSON, Graves (MO) Messer Tipton Vela´ zquez Himes O’Halleran BISHOP of Michigan, SMITH of Texas, Griffith Mitchell Trott Hoyer O’Rourke Visclosky Guthrie Moolenaar Turner Huffman Pallone Walz MCHENRY, STEWART, BARR, HUN- Handel Mooney (WV) Upton Jackson Lee Panetta Wasserman TER, LAMALFA, and ROKITA changed Harper Mullin Valadao Jayapal Pascrell Schultz their vote from ‘‘yea’’ to ‘‘nay.’’ Harris Murphy (FL) Vargas Jeffries Payne Waters, Maxine Hartzler Napolitano Veasey Johnson (GA) Pelosi Welch Messrs. COOPER, DOGGETT, and Heck Newhouse Vela Johnson, E. B. Perlmutter Wilson (FL) GRIJALVA changed their vote from Hensarling Noem Wagner Jones Peters Yarmuth ‘‘nay’’ to ‘‘yea.’’ Herrera Beutler Norman Walberg So the motion to recommit was re- Hice, Jody B. Nunes Walden NAYS—228 Higgins (LA) O’Halleran Walker jected. Hill O’Rourke Walorski Abraham Comstock Graves (GA) The result of the vote was announced Himes Olson Walters, Mimi Aderholt Conaway Graves (LA) as above recorded. Holding Palazzo Weber (TX) Allen Cook Graves (MO) Hollingsworth Palmer Webster (FL) Amash Costello (PA) Griffith The SPEAKER pro tempore. The Hudson Paulsen Wenstrup Amodei Cramer Grothman question is on the passage of the bill. Huizenga Perry Westerman Arrington Crawford Guthrie The question was taken; and the Hultgren Peters Williams Babin Culberson Handel Hunter Peterson Wilson (SC) Bacon Curbelo (FL) Harper Speaker pro tempore announced that Hurd Pittenger Wittman Banks (IN) Curtis Harris the ayes appeared to have it. Issa Poe (TX) Womack Barletta Davidson Hartzler Ms. MAXINE WATERS of California. Jenkins (KS) Poliquin Woodall Barr Davis, Rodney Hensarling Mr. Speaker, on that I demand the yeas Jenkins (WV) Polis Yoder Barton Denham Herrera Beutler Johnson (LA) Ratcliffe Yoho Bergman Dent Hice, Jody B. and nays. Johnson (OH) Reed Young (AK) Biggs DeSantis Higgins (LA) The yeas and nays were ordered. Johnson, Sam Reichert Young (IA) Bilirakis DesJarlais Hill Jordan Renacci Zeldin Bishop (MI) Diaz-Balart Holding The SPEAKER pro tempore. This Bishop (UT) Donovan Hollingsworth will be a 5-minute vote. NAYS—145 Black Duffy Hudson The vote was taken by electronic de- Adams Cleaver Esty (CT) Blackburn Duncan (TN) Huizenga vice, and there were—yeas 271, nays Barraga´ n Clyburn Evans Bost Dunn Hultgren Beatty Cohen Frankel (FL) Brady (TX) 145, not voting 14, as follows: Emmer Hunter Bishop (GA) Connolly Fudge Brat Estes (KS) Hurd [Roll No. 77] Blumenauer Courtney Gabbard Bridenstine Farenthold Issa Blunt Rochester Crist Gallego Brooks (AL) YEAS—271 Faso Jenkins (KS) Bonamici Crowley Garamendi Brooks (IN) Abraham Bilirakis Bustos Ferguson Jenkins (WV) Brady (PA) Davis (CA) Gomez Buchanan Aderholt Bishop (MI) Byrne Fitzpatrick Johnson (LA) Brown (MD) Davis, Danny Green, Al Buck Aguilar Bishop (UT) Calvert Fleischmann Johnson (OH) Brownley (CA) DeFazio Green, Gene Bucshon Allen Black Carter (GA) Flores Johnson, Sam Butterfield DeGette Grijalva Budd Amash Blackburn Carter (TX) Fortenberry Jordan Capuano DeLauro Hanabusa Burgess Amodei Blum Chabot Foxx Joyce (OH) Carbajal Demings Hastings Byrne Arrington Bost Cheney Frelinghuysen Katko Ca´ rdenas DeSaulnier Higgins (NY) Calvert Babin Brady (TX) Coffman Gaetz Kelly (MS) Carson (IN) Deutch Hoyer Carter (GA) Bacon Brat Cole Gallagher Kelly (PA) Cartwright Dingell Huffman Carter (TX) Banks (IN) Bridenstine Collins (GA) Garrett King (IA) Castor (FL) Doggett Jackson Lee Chabot Barletta Brooks (AL) Collins (NY) Gianforte King (NY) Castro (TX) Doyle, Michael Jayapal Cheney Barr Brooks (IN) Comer Gibbs Kinzinger Chu, Judy F. Jeffries Coffman Barton Buchanan Comstock Gohmert Knight Cicilline Ellison Johnson (GA) Cole Bera Buck Conaway Goodlatte Kustoff (TN) Clark (MA) Engel Johnson, E. B. Collins (GA) Bergman Bucshon Cook Gosar Labrador Clarke (NY) Eshoo Jones Collins (NY) Beyer Budd Cooper Gowdy LaHood Clay Espaillat Kaptur Comer Granger LaMalfa Biggs Burgess Correa

VerDate Sep 11 2014 03:24 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\A14FE7.025 H14FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 14, 2018 CONGRESSIONAL RECORD — HOUSE H1169 Keating McNerney Schakowsky Ferguson Labrador Rooney, Thomas Moulton Richmond Swalwell (CA) Kelly (IL) Meng Schiff Fitzpatrick LaHood J. Nadler Rosen Takano Kennedy Moore Scott (VA) Fleischmann LaMalfa Ros-Lehtinen Napolitano Roybal-Allard Thompson (CA) Khanna Moulton Serrano Flores Lamborn Roskam Neal Ruiz Thompson (MS) Kildee Nadler Shea-Porter Fortenberry Lance Ross Nolan Ruppersberger Titus Krishnamoorthi Neal Sires Foxx Latta Rothfus Norcross Rush Tonko Langevin Nolan Slaughter Frelinghuysen Lewis (MN) Rouzer O’Halleran Ryan (OH) Torres ´ Larson (CT) Norcross Smith (WA) Gaetz Long Royce (CA) O’Rourke Sanchez Tsongas Lawrence Pallone Pallone Sarbanes Speier Gallagher Loudermilk Russell Vargas Lawson (FL) Panetta Garrett Love Panetta Schakowsky Swalwell (CA) Rutherford Veasey Lee Pascrell Gianforte Lucas Pascrell Schiff Takano Sanford Vela Levin Payne Gibbs Luetkemeyer Payne Schrader Thompson (CA) Schneider ´ Lewis (GA) Pelosi Gohmert MacArthur Pelosi Scott (VA) Velazquez Thompson (MS) Schweikert Lieu, Ted Perlmutter Goodlatte Marchant Perlmutter Serrano Visclosky Titus Scott, Austin Lofgren Pingree Gosar Marino Peters Sewell (AL) Walz Tonko Scott, David Lowenthal Pocan Gottheimer Marshall Pingree Shea-Porter Wasserman Sensenbrenner Lowey Price (NC) Torres Gowdy Massie Pocan Sherman Schultz Lujan Grisham, Quigley Tsongas Granger Mast Sessions Polis Sires Waters, Maxine ´ M. Raskin Velazquez Graves (GA) McCarthy Shimkus Price (NC) Slaughter Welch Lu´ jan, Ben Ray Richmond Visclosky Graves (LA) McCaul Shuster Quigley Smith (WA) Wilson (FL) Lynch Rosen Walz Graves (MO) McClintock Simpson Raskin Soto Yarmuth Maloney, Roybal-Allard Wasserman Green, Gene McHenry Sinema Rice (NY) Speier Carolyn B. Ruiz Schultz Griffith McKinley Smith (MO) Matsui Rush Waters, Maxine Grothman McMorris Smith (NE) NOT VOTING—14 McCollum Ryan (OH) Welch Guthrie Rodgers Smith (NJ) Bass Duncan (SC) Posey McEachin Sa´ nchez Wilson (FL) Handel McSally Smith (TX) Boyle, Brendan Gutie´rrez Rogers (KY) McGovern Sarbanes Yarmuth Harper Meadows Smucker F. Johnson (GA) Scalise Harris Meehan Stefanik Costa LoBiondo Stivers NOT VOTING—14 Hartzler Meeks Stewart Cummings Pearce Watson Coleman Bass Duncan (SC) Posey Hastings Messer Suozzi Boyle, Brendan Grothman Rogers (KY) Heck Mitchell Taylor b 1712 ´ Hensarling Moolenaar F. Gutierrez Scalise Tenney So the bill was passed. Costa LoBiondo Stivers Herrera Beutler Mooney (WV) Thompson (PA) Cummings Pearce Watson Coleman Hice, Jody B. Moore Thornberry The result of the vote was announced Higgins (LA) Mullin Tipton as above recorded. b 1704 Hill Murphy (FL) Trott Holding Newhouse A motion to reconsider was laid on Turner the table. Mr. POLIS changed his vote from Hollingsworth Noem Upton Hudson Norman ‘‘nay’’ to ‘‘yea.’’ Valadao PERSONAL EXPLANATION Huizenga Nunes Wagner So the bill was passed. Hultgren Olson Mr. SCALISE. Mr. Speaker, I was unavoid- Walberg The result of the vote was announced Hunter Palazzo ably detained. Had I been present, I would Walden Hurd Palmer as above recorded. Walker have voted ‘‘yea’’ on rollcall No. 77 and ‘‘yea’’ A motion to reconsider was laid on Issa Paulsen Jenkins (KS) Perry Walorski on rollcall No. 78. the table. Jenkins (WV) Peterson Walters, Mimi PERSONAL EXPLANATION Weber (TX) Johnson (LA) Pittenger Mr. GUTIE´ RREZ. Mr. Speaker, I was un- f Johnson (OH) Poe (TX) Webster (FL) Johnson, Sam Poliquin Wenstrup avoidably absent in the House Chamber for PROTECTING CONSUMERS’ ACCESS Jordan Ratcliffe Westerman rollcall votes 72 through 78 on Wednesday, TO CREDIT ACT OF 2017 Joyce (OH) Reed Williams February 14, 2018. Had I been present, I Katko Reichert Wilson (SC) The SPEAKER pro tempore. The un- Kelly (MS) Renacci Wittman would have voted ‘‘yea’’ on rollcall votes 74, finished business is the vote on passage Kelly (PA) Rice (SC) Womack 75, and 76, and ‘‘nay’’ on rollcall votes 72, 73, of the bill (H.R. 3299) to amend the Re- Kind Roby Woodall 77, and 78. King (IA) Roe (TN) Yoder vised Statutes, the Home Owners’ Loan King (NY) Rogers (AL) Yoho f Act, the Federal Credit Union Act, and Young (AK) Kinzinger Rohrabacher HOUR OF MEETING ON TOMORROW the Federal Deposit Insurance Act to Knight Rokita Young (IA) require the rate of interest on certain Kustoff (TN) Rooney, Francis Zeldin Mr. FITZPATRICK. Mr. Speaker, I ask unanimous consent that when the loans remain unchanged after transfer NAYS—171 of the loan, and for other purposes, on House adjourns today, it adjourn to Adams DeGette Kaptur meet at 9 a.m. tomorrow. which the yeas and nays were ordered. Aguilar Delaney Keating The Clerk read the title of the bill. Barraga´ n DeLauro Kelly (IL) The SPEAKER pro tempore (Mr. The SPEAKER pro tempore. The Beatty DelBene Kennedy BUDD). Is there objection to the request Bera Demings Khanna of the gentleman from Pennsylvania? question is on the passage of the bill. Beyer DeSaulnier Kihuen This will be a 5-minute vote. Bishop (GA) Deutch Kildee There was no objection. The vote was taken by electronic de- Blumenauer Dingell Kilmer f vice, and there were—yeas 245, nays Blunt Rochester Doggett Krishnamoorthi Bonamici Doyle, Michael Kuster (NH) 171, not voting 14, as follows: PERMISSION FOR MEMBER TO BE Brady (PA) F. Langevin ADDED AS A COSPONSOR OF H.R. [Roll No. 78] Brown (MD) Ellison Larsen (WA) Brownley (CA) Engel Larson (CT) 676 YEAS—245 Bustos Eshoo Lawrence Ms. FRANKEL of Florida. Mr. Speak- Abraham Bridenstine Correa Butterfield Espaillat Lawson (FL) Aderholt Brooks (AL) Costello (PA) Capuano Esty (CT) Lee er, I ask unanimous consent that my Allen Brooks (IN) Cramer Carbajal Evans Levin name be added as cosponsor to the bill, Amash Buchanan Crawford Carson (IN) Foster Lewis (GA) H.R. 676. Amodei Buck Cuellar Cartwright Frankel (FL) Lieu, Ted Arrington Bucshon Culberson Castor (FL) Fudge Lipinski The SPEAKER pro tempore. Is there Babin Budd Curbelo (FL) Castro (TX) Gabbard Loebsack objection to the request of the gentle- Bacon Burgess Curtis Chu, Judy Gallego Lofgren woman from Florida? Banks (IN) Byrne Davidson Cicilline Garamendi Lowenthal There was no objection. Barletta Calvert Davis, Rodney Clark (MA) Gomez Lowey Barr Ca´ rdenas Denham Clarke (NY) Gonzalez (TX) Lujan Grisham, f Barton Carter (GA) Dent Clay Green, Al M. Bergman Carter (TX) DeSantis Cleaver Grijalva Luja´ n, Ben Ray b 1715 Biggs Chabot DesJarlais Clyburn Hanabusa Lynch Bilirakis Cheney Diaz-Balart Cohen Higgins (NY) Maloney, RECOGNIZING SHERIFF JIM OLSON Bishop (MI) Coffman Donovan Connolly Himes Carolyn B. Bishop (UT) Cole Duffy Cooper Hoyer Maloney, Sean (Mr. PAULSEN asked and was given Black Collins (GA) Duncan (TN) Courtney Huffman Matsui permission to address the House for 1 Blackburn Collins (NY) Dunn Crist Jackson Lee McCollum minute and to revise and extend his re- Blum Comer Emmer Crowley Jayapal McEachin marks.) Bost Comstock Estes (KS) Davis (CA) Jeffries McGovern Brady (TX) Conaway Farenthold Davis, Danny Johnson, E. B. McNerney Mr. PAULSEN. Mr. Speaker, I rise Brat Cook Faso DeFazio Jones Meng today to recognize the service of

VerDate Sep 11 2014 01:52 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\A14FE7.023 H14FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H1170 CONGRESSIONAL RECORD — HOUSE February 14, 2018 Carver County Sheriff Jim Olson, who David has served in the Indiana Sen- high-skilled immigration reform in the recently announced his retirement. ate for 22 years and as president pro final legislative package. Sheriff Olson began his career with tempore for the last 12. He is a remark- Our immigration system is broken in the Carter County Sheriff’s Office 31 able leader who has been central to many places. While we search for solu- years ago. He was elected to his first 4- every major policy achievement in In- tions to promote fairness, compassion, year term in 2010 and was reelected in diana at a State level over the past and the rule of law, I want to highlight 2013. decade. a group of immigrants who have been Olson led law enforcement operations He led the charge on cutting taxes, following our laws, contributing to our during a time when Carver County sur- passing right to work, enacting Major country, and yet are being left out in passed a population of 100,000 people, Moves, creating one of the biggest and the cold by our broken system. making it one of the fastest growing best school choice programs, and per- Right now, the per-country caps on counties in Minnesota. He oversaw manently capping property taxes. green cards for highly skilled H–1B im- major public safety operations during On a personal note, David Long is my migrants unfairly discriminate against the aftermath of Prince’s death as well mentor. We are both graduates of Wa- immigrants from a few countries, espe- as the Ryder Cup in 2016. bash College, and we both overachieved cially India. The caps have created a He is well respected in our commu- in marriage. I will always be grateful huge backlog of Indian applicants who nity and is involved in community out- for his friendship, advice, and counsel. will have to wait decades—as much as reach, raising public awareness of men- I thank David for his years of service. 70 years—to achieve their dream of tal health resources, educating the f American citizenship. public about the role of the sheriff’s of- The per-country caps must be re- DEFENDING THE FBI fice, and supporting the Hope House, a placed by a merit-based system that youth homeless shelter in Chanhassen. (Ms. KAPTUR asked and was given treats everyone fairly, regardless of Mr. Speaker, I thank Sheriff Olson permission to address the House for 1 their country of origin. My bill, the for his many years of service and dedi- minute and to revise and extend her re- Fairness for High-Skilled Immigration cation to keeping the residents of marks.) Act, would do just that. Carver County safe. We wish him the Ms. KAPTUR. Mr. Speaker, our law I urge my colleagues not to let our best of luck in the future. He will be enforcement and intelligence commu- compassion end with DACA recipients. missed. nity—most pointedly, the Federal Bu- Let’s also use this opportunity to pro- f reau of Investigation—is sustaining an mote fairness for high-skilled immi- RECOGNIZING HEALTH AND unprecedented, coordinated attack. grants as well. WELLNESS COACHES Like a cancer, the strikes are coming from deep in the marrow of our demo- f (Mr. PAYNE asked and was given cratic Republic. Our own President and permission to address the House for 1 DOMESTIC ABUSE IS WRONG even some Members of Congress block minute and to revise and extend his re- (Ms. JACKSON LEE asked and was the light of justice. marks.) given permission to address the House In his State of the Union Address, Mr. PAYNE. Mr. Speaker, I rise for 1 minute.) President Trump bragged about the ap- today to honor America’s health and Ms. JACKSON LEE. Mr. Speaker, as prehension of violent criminals and wellness coaches. Health and wellness we address Women’s History Month in gang members. The hypocrisy of this coaches help people change their the month of March, I raise the atten- President taking credit for the dan- unhealthy lifestyles and manage chron- tion of my colleagues to a set of cir- gerous work of our FBI and larger in- ic illnesses. cumstances that we have seen relating telligence community while systemati- Mr. Speaker, I am a diabetic. I also to the administration and its personnel cally and doggedly working to under- suffer from macular degeneration and policies, but the real issue is the affir- mine public faith in these institutions heart disease. I know firsthand how dif- mation of opposition to domestic vio- is an outrage. ficult it is for people to change their lence and abuse. Under Special Counsel Mueller’s di- behaviors and make healthier life Thousands of women and some men rection in 2012, the FBI made 25,000 ar- choices, but I also know that changing lose their lives to domestic abuse and rests and 14,800 indictments. They lo- behavior can improve overall health domestic violence. Thousands live in cated 1,100 missing children and seized and reduce the amount of costly med- silence and absolute fear. Children see $1.125 billion worth of criminal assets ical care people need. their mothers and fathers killed. To The American Medical Association and drugs. The historic role of the FBI in bring- have insensitivity to the importance of recently found that having a health anyone who has engaged in domestic and wellness coach involved in a per- ing major criminals and foreign and do- mestic enemies of our state to justice violence and domestic abuse be ignored son’s wellness journey not only in- sends a wrong signal to the girls and creases patient satisfaction and en- cannot be overstated. The FBI has de- fended us in ways and measures well young women in this country. gagement, but also reduces physician We must join together in a bipartisan stress and burnout by freeing up their beyond general public awareness. If not out of patriotism and commit- manner to ensure that the Violence time. Against Women Act is reauthorized in Last week, I introduced H. Res. 733 to ment to our and its institu- tion, then out of sheer necessity, Con- March, and we must pronounce that express support for health and wellness domestic violence and domestic abuse coaches and to designate this week as gress and the American people must defend the rule of law. is wrong for men, women, and families. National Health and Wellness Coach It is something that should be con- Recognition Weak. The SPEAKER pro tempore. Mem- bers are reminded to refrain from en- demned and not condoned. Mr. Speaker, I ask my colleagues to No matter how important a position join me in celebrating our Nation’s gaging in personalities toward the President. you may hold, it is important for health and wellness coaches. America’s leadership to denounce this f f kind of vicious attack on families. Mr. RECOGNIZING DAVID LONG FAIRNESS FOR HIGH-SKILLED Speaker, I look forward to bipartisan- (Mr. MESSER asked and was given IMMIGRANTS ship on this issue. permission to address the House for 1 (Mr. YODER asked and was given f minute.) permission to address the House for 1 Mr. MESSER. Mr. Speaker, I rise minute and to revise and extend his re- RECOGNIZING OLYMPIAN ERIN today to recognize a tremendous Hoo- marks.) HAMLIN sier public servant, leader of the Indi- Mr. YODER. Mr. Speaker, I rise (Ms. TENNEY asked and was given ana State Senate, David Long, who re- today as the Senate debates DACA and permission to address the House for 1 cently announced his retirement from border security to urge my colleagues minute and to revise and extend her re- office. in both Houses of Congress to include marks.)

VerDate Sep 11 2014 01:52 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K14FE7.071 H14FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 14, 2018 CONGRESSIONAL RECORD — HOUSE H1171 Ms. TENNEY. Mr. Speaker, I rise Human Services’ new Conscience and guished Air Force career, and then here today to recognize a world-class ath- Religious Freedom Division within the in the House of Representatives. Since lete and Olympian from the 22nd Con- Office of Civil Rights. he was elected to the House in 1991, he gressional District, Erin Hamlin. Recently, they announced a proposed has been an advocate for our Armed Four-time Olympian and two-time rule to protect workers in HHS-funded Forces, our veterans, and American world champion luger, Erin Hamlin programs from being coerced into prac- freedom. carried the Team USA flag during the ticing activities that violate their con- Mr. Speaker, 15 years ago, I gave my 2018 Winter Olympic opening ceremony science, including abortion, steriliza- first floor speech, marking 30 years in Pyeongchang, , last Fri- tion, assisted suicide, and more. since Mr. JOHNSON returned home. day. Following a vote from her fellow Under the previous administration, Today it is a distinct privilege to honor athletes, Erin was selected from eight doctors and nurses were not protected my friend and mentor on his 45th other athletes to enter her last Olym- from being forced to participate in pro- ‘‘returniversary.’’ pic Games as the flagbearer. cedures that may violate their reli- SAM JOHNSON, welcome home. Erin made history in 2014 as the first gious beliefs or moral convictions. This f U.S. athlete to win a singles luge is clearly wrong. Those who are dis- HONORING WORLD WAR II medal after taking home the Olympic criminated against for their religious VETERAN WILLIAM JOHN TOMKA Bronze Medal at the Sochi Games. She beliefs should be afforded the same pro- The SPEAKER pro tempore. Under made history again as the fourth luger tections as those facing any other to serve as the United States the Speaker’s announced policy of Jan- types of discrimination. uary 3, 2017, the gentleman from Flor- flagbearer and the first since 2010. OCR has now opened a 60-day public During Friday’s Parade of Nations, ida (Mr. RUTHERFORD) is recognized for comment period on the rule. I encour- 60 minutes as the designee of the ma- Erin led 244 athletes, the largest team age everyone across the country to par- ever from the United States. Yester- jority leader. ticipate in that comment period. Mr. RUTHERFORD. Mr. Speaker, I day, she competed in the last race of I thank the Division once again for rise today to honor World War II vet- her outstanding career. taking this important action to protect Erin will be remembered as someone eran William John Tomka, with whom religious liberty in our healthcare sys- who shattered barriers for both men I had the recent pleasure of joining to tem. celebrate his 100th birthday on Janu- and women in the sport of luge. Please f ary 27, 2018. join me in congratulating Oneida Coun- Born in Dover, New Jersey, to immi- ty’s and Remsen, New York’s own rock HONORING THE LIFE OF AUSTIN grant parents, William spent his forma- star, Erin Hamlin, on these incredible DAVIS tive years in New Jersey developing a achievements. (Mr. KIHUEN asked and was given love of music. This resulted in him be- f permission to address the House for 1 coming a music teacher until he was HONORING THE LIFE OF CHICAGO minute and to revise and extend his re- drafted into the on POLICE COMMANDER PAUL BAUER marks.) July 11, 1941. Mr. KIHUEN. Mr. Speaker, today I He left a successful job teaching in (Mr. LIPINSKI asked and was given New Jersey to defend our great Nation. permission to address the House for 1 rise to remember the life of Austin Davis, who visited Las Vegas to attend After completing his radio operations minute and to revise and extend his re- training at Fort Dix and Fort Bragg, he marks.) the Route 91 concert on October 1. Austin was an only child who was was deployed to Iceland as part of the Mr. LIPINSKI. Mr. Speaker, I rise 50th Signal Battalion in which he today to mourn the passing of Chicago very close to his parents. He lived in Riverside, California, and worked as a served as a technical sergeant leading a Police Commander Paul Bauer, who group of eight men who were also pipefitter. During his free time, Austin was shot and killed in the line of duty trained radio operators. yesterday. This is a terrible tragedy for loved to play softball. All of those who His team was responsible for code, re- the Chicago Police Department, our knew him remember Austin for his ceiving and transmitting from the city, and, most of all, Paul’s wife and contagious smile and hardworking na- field, as well as in command vehicles. young daughter. ture. This group was part of the first Amer- Paul Bauer graduated 2 years ahead I extend my condolences to Austin ican Army personnel to be sent in the of me at Saint Ignatius and joined the Davis’ family and his friends. Please European Theater of Operations. police department soon after, when he know that the city of Las Vegas, the After 22 months in Iceland, he was was just 21 years old. He rose through State of Nevada, and the whole country sent to England to be a part of the in- the ranks over 32 years to lead the grieve with you. vasion force of France on D-day. He mounted horse unit and, later, became f was dropped onto Utah Beach on June commander of the Near North District. 6, 1944, and bravely fought through the A member of Nativity Parish in b 1730 entire campaign of Europe, including Bridgeport, Paul is being remembered HONORING SAM JOHNSON the American bombardment of the Ger- as a loving father and husband, some- (Mr. BURGESS asked and was given man forces at Saint-Lo. He and his fel- one who knew the value of community low soldiers later proceeded to serve at permission to address the House for 1 policing and giving back, and for lead- the Battle of the Bulge. minute and to revise and extend his re- ing efforts to raise funds for the Chi- When recounting his most memo- marks.) cago Police Memorial Fund. rable times in the Army, Mr. Tomka Mr. Speaker, I ask my colleagues to Mr. BURGESS. Mr. Speaker, I rise will tell you about his time in Europe join me in mourning the passing of today to honor our colleague and my after D-day. He told me about his time Commander Paul Bauer. Please pray fellow Texan, SAM JOHNSON. This week in France, where he witnessed Amer- for him, his family, and for our city. marks 45 years since he returned to ican fighter pilots bomb the German Please remember to take a moment freedom after enduring nearly 7 years forces, and of his time served in joint to thank the police and other first re- as a prisoner of war in Hanoi, Vietnam. force with the Russians at the river of sponders that you encounter every day. Each February, we are reminded of Elbe. We owe them so much. the heroism, perseverance, and leader- Mr. Tomka was discharged after 31⁄2 ship that SAM JOHNSON displayed dur- f years of foreign duty on June 22, 1945. ing his time as a prisoner of war. We After his years of service, Mr. Tomka PROTECTING RELIGIOUS LIBERTY are also reminded of the persistence of went back to his passion of teaching (Mr. LAMALFA asked and was given SAM’s family and their joy and the joy music. He started an instrumental permission to address the House for 1 of our north Texas community and the music program in the Ridgefield school minute and to revise and extend his re- American people when SAM returned system of New Jersey. During his years marks.) home to Texas in 1973. of music education, Mr. Tomka ob- Mr. LAMALFA. Mr. Speaker, I rise SAM JOHNSON has served our country tained his master’s degree from NYU in today to commend the Health and selflessly—first through his distin- supervision and administration.

VerDate Sep 11 2014 01:52 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K14FE7.073 H14FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H1172 CONGRESSIONAL RECORD — HOUSE February 14, 2018 While he was at NYU, he also played cial that played quite frequently. It lack of financial assets, along with the violin in the orchestra. Even at 100 may still be on. But it shows a shelter resulting loss of social capital, might years old, his talents are still impres- for the poor and homeless around be found in the idea that government sive. At his recent birthday celebra- Christmastime, and men and women and society should join in a movement tion, Mr. Tomka expertly played the are entering from the cold wintry for national solidarity, seeing work as clarinet, violin, piano, and sang for all streets, and they are gathering under a common endeavor for us all. After of his family and friends. bright lights and sharing good cheer, all, economics, in its essence, is not I salute Mr. William John Tomka on and they are clearly benefitting from just a transaction; it is profoundly re- his years of faithful service to our the holiday outpouring of charity and lational. country and to the public school sys- compassion and fellowship. A rightful discussion about the pro- tem. He exemplified qualities of a true But then the commercial shifts and found meaning of work also requires American hero. I, on behalf of a grate- the environment changes. It is a dreary the right words. The overreliance in ful nation, admire his service and sac- downtrodden affair at this point. The this body, particularly, on depersonal- rifice. new year has begun and the shelter is izing economic language, I think, is 30TH ANNIVERSARY OF THE DAVID A. STEIN left darker and less full than its former one reason that Washington can seem JEWISH COMMUNITY ALLIANCE ambient light, and laughter has so disconnected and aloof from real Mr. RUTHERFORD. Mr. Speaker, I dimmed into somber tones. All the communities and real people. rise today to congratulate the hard- while, a man is sitting at the piano in At the end of the month, if a person working men and women of the David this emptying place singing, ‘‘Don’t can’t pay their gas or a grocery bill, A. Stein Jewish Community Alliance You Forget About Me.’’ The scene con- they are unlikely to care about GDP on the celebration of their 30th anni- cludes with the adage: ‘‘The season of growth or arguments for the efficiency versary of enriching the lives of those giving ends, but the need remains.’’ of globalized trade. In a similar way, with a variety of needs. Mr. Speaker, as our economy begins recent news cycles are tracking the The JCA is a pillar in our Jackson- to recharge, giving more and more skyrocketing stock market valuations ville community. The Jewish Commu- hope with more and more Americans with some ups and downs of late. And nity Alliance is a nonprofit community gaining jobs, it is important, though, this is all exceeding most expectations, center affiliated with the Jacksonville to continue to reflect on this still early particularly from the beginning of the Jewish Federation, the United Way of stage of the new year. After some im- year, but glowing green numbers and Northeast Florida, and the Jewish portant budget battles here and a signals provide little reassurance to Community Centers of North America. major tax reform piece of legislation, millions of Americans who are priced Its focus is to enhance the quality of it is important to reflect on the proper out of owning stock. life for families and individuals of all balance between responsibility and Ultimately, Mr. Speaker, a lack of ages, , races, financial means, charity, as well as those who continue work, as well as a lack of assurance in and physical and mental abilities. to be left behind or forgotten. the security of government guardrails To this end, the JCA has impacted Americans are the most generous and earned benefits, can take a life-di- tens of thousands of citizens in our people in the world, and they also deep- minishing toll. community. Situated on the Ed Parker ly value responsibility, and they know Mr. Speaker, I have many seniors Jewish Community Campus, the JCA that a fulfilled life requires rewarding who write to me and suggest to us in welcomes preschool-aged children to work. Unfortunately, unemployment pretty clear terms that they aren’t en- get a good start in life and embraces and underemployment continue to titled to their own money. We throw teens and adults to join classes on hinder a faster economic recovery, the language around of entitlements, health, heritage, and a variety of sub- causing much anxiety for persons and referring to programs where people set jects. their families. aside money into government savings The JCA is a spirit of intergenera- According to a new survey from programs or were given guarantee of tional sharing of values and ideas. The CareerBuilder, nearly eight out of ten healthcare. That is not an entitlement. afterschool and school-closed day pro- Americans say they are living pay- That is something people worked for. grams give peace of mind to working check to paycheck, and our improving Many persons with difficult jobs de- parents, both married and single. Sen- economic indices should not obscure serving of both dignity and earned ben- iors and adults with special needs are this difficult reality. efits sometimes are those who are for- offered opportunities to reach their po- So to better help persons support gotten. I approached my door recently, tential with dignity and tradition. themselves and one another in the full Mr. Speaker, here in D.C. at my office, The JCA facility offers swimming, dignity of work, our next phase of eco- and there was a large crowd of men theater, and camp programs, fitness nomic regeneration must be an at- who had gathered, and they were all in and exercise classes, sports teams, art, tempt to find the proper balance be- camouflaged T-shirts waiting outside. and academic classes to all members tween right-sized government, respon- b 1745 and welcomes all for membership. The sibility to one another, and reasonable JCA offers an array of creative and in- expectations that everyone can con- All of us here experience a number of novative classes, programs, and events tribute something according to their visitors from our home States. Some- to inspire and benefit its participants. means and their capacity. Everyone times, in my office, people have to Mr. Speaker, I ask Members of the has something to give. stack up outside in the hallway, as we House to join me in acknowledging the As this recognition and economic re- are trying to accommodate people. 30th anniversary of the Jewish Commu- generation kindles a new policy discus- But as I got closer, I noticed that the nity Alliance and its commitment to sion, several guideposts should be kept front of these T-shirts that these men our community. in mind, such as ensuring enhanced op- had on read, ‘‘United Mine Workers.’’ I Mr. Speaker, I yield back the balance portunity and the erasure of what I thought, that is unusual to see Nebras- of my time. call entrepreneurial impediments, kans wearing United Mine Workers T- f along with efforts to address and mend shirts. But it turns out they were actu- a deep societal sense of brokenness. ally waiting for my neighbor, who is ECONOMIC REGENERATION When persons are unemployed or un- from the State of Kentucky. Neverthe- The SPEAKER pro tempore. Under deremployed, they can enter a down- less, I greeted these men, and we began the Speaker’s announced policy of Jan- ward spiral in their lives. Mr. Speaker, a meaningful conversation about work uary 3, 2017, the gentleman from Ne- as we well know, Washington alone and security and fairness. braska (Mr. FORTENBERRY) is recog- cannot create a humane economy that These men had spent their lives in nized for the remainder of the hour as works for the many. Americans living hard jobs. I am sure they toiled, very the designee of the majority leader. together in community form the cor- proudly, to make a reasonable living Mr. FORTENBERRY. Mr. Speaker, nerstone of a vibrant market. for their families, but they all now you may remember this around the A fuller answer to unemployment, showed real signs of physical fatigue. holidays. It was a television commer- underemployment, and this widespread They were in Washington making a

VerDate Sep 11 2014 01:56 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K14FE7.075 H14FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 14, 2018 CONGRESSIONAL RECORD — HOUSE H1173 plea for their pensions, which are fac- own, but they can’t. Why can’t they? Ultimately, a properly functioning ing dramatic reductions. A similar sit- They have the education, they have the market is a connector of community, a uation does exist in Nebraska for an- drive, they want to be innovative and delivery mechanism for material well- other group of workers. disruptive, they want to do creative being, and an opportunity enhancer for These people worked for a guarantee: work with their own two hands and individual initiative and rewarding that they would be provided for—when take the risk necessary to provide work. These classical economic expres- they could work no more. But, given a something new and novel in the mar- sions lack a deeper understanding of confluence of factors, their pensions ketplace. the ultimate purpose of production. face a dramatic shortfall, and, frankly, They have a sick child. So by the I once asked a professor when I was it is not fair. time they go onto the individual insur- young: Who does a normative analysis? I lived for several years as a younger ance market and try to obtain insur- Who asked the question, ‘‘What ought man in the area where these gentlemen ance for themselves, knowing that they to be?’’ What institution is doing that? had come from, in a town that had lost are going to have to pay the full He said: No one. half of its population in 20 years, in deductibles and copays, that bill—and Mr. Speaker, you are a fairly young what is called the old industrial Rust this was a little while back, I suspect it man. You know this as well. We are Belt, where the post-World War II eco- is higher now—the bill was going to be long past the age when working one’s nomic boom built a thriving, stable close to $30,000. So before they even entire career in the same large cor- community, but now where globalized open their door, they have an upfront poration guaranteed security and well- supply-side theory has had its most cost of $30,000, just for a little bit of being is finished. The current corporate dramatic degenerating economic effect. personal protection. construct is desperately driven and I said to one of these men, ‘‘You know, So what happens? They stay put. hopelessly fragmented by quarterly I know where you come from,’’ and one They are tethered to institutions that profit mandates. of the men and I hugged. may not be as gratifying to them. Soci- Short-term decisions overrule long- Mr. Speaker, our country is in pain. ety loses from their inability to take term strategy. While this is occasion- Epic hurricanes and floods; escalating that risk and provide that product out ally brought to heel by scandal and urban violence; an opioid epidemic in the market, because they are teth- malfeasance, most multinationals are among those self-medicating their own ered, they are handcuffed, to a benefit no longer tethered to a face or a place, mental, physical, and financial an- called healthcare that a large institu- so they pitch us on TV and print with guish; combine this with a broken tion can provide, but the small entre- caring images, and kindly deem us wor- healthcare construct, and the lingering preneur can’t. This makes no sense. thy to help with their chosen causes, after-effects of a bitterly fought last We have some specific ideas on this, and then major cities with major air- electoral season have torn America’s and we are working to grow a bipar- ports become the hub, and the rest of heart. tisan working group to make proper us have to just buy it. In a vibrantly healthy society, changes potentially in that individual Now, lest I sound too critical, large though, there should be space for what insurance market, whereby people can businesses certainly retain a necessary I call marketplace fluidity and cre- pool together more easily, where there space in producing certain types of ativity and innovation. A person who is a better type of major medical prod- goods and large-scale industrial prod- has an idea and the drive should be uct out there that would be a lot less ucts, and can provide exciting oppor- able to pursue it. The benefits accrue, expensive, and, perhaps, using an idea tunity. That is all true and necessary. of course, to this person as the inven- that was embedded in the healthcare But I also think we are on the front tor, but also the buyer of those serv- debate earlier this year, where the gov- end of something, Mr. Speaker. There ices, the community, and those who ernment provides a stabilizing reinsur- is a hunger for the next economic trend gave the effort in the building of this ance model so that the market can ac- to reorient around the revitalization of product or service. tually work within a certain bandwidth Main Street, including local foods, sus- So a healthy economy is two things where the sickest person pays the same tainable energy production, smarter at once: it is individualistic and it is rate, but is protected from excess ex- services, and smaller scale manufac- community-oriented at the same time. pense by a more direct government turing, recreating that long lost sense Innovation and competition can be dis- subsidy. of place in our communities. ruptive, but they must be set within a This makes sense. Think about the Imagine a new urbanism of an eco- fair set of rules. entrepreneurial potential that then nomic ecosystem with friendly neigh- When a system stacks to the wealthi- would be released, creating oppor- borhoods, nearby centers of smaller est, or is outsourced by faceless cor- tunity, more jobs, better products. We scale, microbusinesses, contextually porations in the name of advancing are constraining ourselves for no rea- appropriate architecture, and a bur- quarterly profits, exploiting the poor son here. geoning supply of easily accessible pub- elsewhere and damaging the environ- I hope that this chapter can unfold in lic space. We see this trend developing, ment elsewhere, where there is a lax the coming weeks, as some people of and, frankly, it is very exciting. legal foundation and, therefore, an in- goodwill are trying to work through Now, we had a bill recently in which direct subsidy to the means of produc- this, and there is significant interest, I we took an important vote here on tax tion, and the externality costs are feel, on both sides of the aisle. You just reform, and I believe this is going to borne by persons elsewhere in the have to break through it. help. I believe that tax reform legisla- forms of shorter lives and the effects of Mr. Speaker, we are also, from my tion will help rebalance a number of pollution, it sets in motion not only perspective, living in a paradoxical age business inequities, particularly for difficulties in other places, but here—a where we are more and more dependent small business where most jobs come loss of jobs, lost community cohesion, upon big business for information flow from. and a breakdown of life’s stability. Tie and consumer goods, and, at the same It is estimated that the average Ne- this to the loss of the formative insti- time, we are more and more skeptical braska family of four will receive more tutions of family life, faith life, and of this model. than a $2,000 extra benefit in their civic life, and we drift. We drift with- I was trained in an era where eco- pocket from the immediate impact of out a national narrative. It makes it nomic language was cast in terms of ef- the tax bill and the relief that they much more difficult to respond holis- ficiency and optimization, economies will get. And then over time, due to in- tically in the midst of tragedy to our of scale, production capacity, inputs, creased wages, that will translate into greater challenges and problems. the free flow of capital and labor, and about a $4,000 benefit. For a moment, I want to speak about on and on, all the vocabulary of eco- I think this is important because a person who participated in one of my nomic academic theory. These are ana- Americans need a break, especially telephone townhalls. She told me she is lytical and mechanical terms nec- working men and women trying to get an architect, her husband is an archi- essary for understanding market func- a bit ahead and trying to provide for tect, and they were very interested in tion, but they lack a connection to any their family well. But for many, it is starting an architectural firm on their deeper purpose. also harder and harder. As we said,

VerDate Sep 11 2014 01:56 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K14FE7.077 H14FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H1174 CONGRESSIONAL RECORD — HOUSE February 14, 2018 many Americans are living paycheck with a small business ecosystem of re- have asked for this unanimous consent. to paycheck. That is not fully a Tax vived entrepreneurial momentum—and My is that we will have many, Code problem. It is the harsh reality of a part of that is the next set of poli- many persons who are not here to- social fragmentation, downward mobil- cies, hopefully, that will be empow- night, for legitimate reasons, who will ity, the rising cost of living, and sky- ering with a new type of healthcare want to make sure that they are made rocketing income disparity driven by product that is stable for persons who a part of the RECORD by and through inequitable globalization and con- do want to enter into the formation of their comments that they will submit centrations of economic power. These their own small business now but are in written word. forces have not fundamentally bene- not empowered to do so—this will only Mr. Speaker, I am here to talk about fited us fully, and they have left mil- strengthen this entrepreneurial revi- Black History because for many years, lions of people behind. talization. too many years, to be quite honest, the I think this tax reform measure is There is no way to calculate the held, history of Africans in the Americas, important because it particularly re- pent-up benefit of unleashing this po- the history of Black people in America, balances the perverse incentive to off- tential. Again, because we have teth- the history of , at shore. ered people to a benefit package based one time known as Negroes, this his- In addition to putting more money in upon institutions that are able to af- tory was deleted from the history the pockets of hardworking Americans, ford it, we have drained ourselves, books. It was said in one book that, be- it does support the revitalization of made ourselves weary from being able cause little contributions were made to Main Street and the return of the to unleash the fullness of the potential world history, there would be little ‘‘Made in America’’ label. to create things with your own hands mention of Africans in history. This legislation also provided a rea- or your own intellect that are good for But, Mr. Speaker, we know now that soned progress in an attempt to make you, good for your family, and good for this is not true, and because we know the Tax Code simpler and fairer and to others. That is what we mean by a new that it is not true, we seek to at least resolve this convoluted set of problems small business ecosystem that has re- give some indication in the RECORD that overburdened people, families, and vived entrepreneurial momentum. that African Americans have made a small businesses across the Nation. I Mr. Speaker, in the Middle East, the significant contribution in America. think this is important because we are Jordan River flows into both the Sea of But also, the truth is that Africans living in an age where we can’t keep Galilee and the Dead Sea. There is a have made a contribution to world his- pushing the same policies over and difference between the two bodies of tory. over and expect them to fit into a 21st seas. One of them is devoid of life. However, tonight, this resolution will century architecture of well-being and Water flows in but nothing flows out. focus on and it will recognize and cele- successful living. It is dead. brate Black History Month; and, in so Moving forward, I believe the source Abundant life requires both giving doing, we would like to present the res- and the strength of the American econ- and receiving, both charity and respon- olution that will be filed at a later omy will be in this new urbanism of sibility. An economy that is founded time. small business in which entrepreneurs upon these strengths which we have Mr. Speaker, ‘‘Whereas the theme for from village to city add value through discussed tonight, supported by a Black History Month 2018 is ‘African small-scale manufacturing, innovative right-sized government and a dedi- Americans in Times of War’ ’’—some- new products, or brokering in repair cated, hardworking people, can only thing that we have not focused on to services. keep growing stronger. Then, maybe— the extent that we should have, be- Now, we do anticipate a spike in the maybe—we can say, don’t you forget cause African Americans have made initial deficit from the tax bill, but we about me and that we will never forget significant contributions to our coun- are already seeing a surge of revitaliza- about you. try during times of war—this theme tion and possibility of economic oppor- Mr. Speaker, I yield back the balance ‘‘which commemorates the centennial tunity. Given this reorientation of the of my time. of the end of the First World War in tax policy around the family, hope- f 1918, and explores the complex mean- ings and implications of this inter- fully, with the entrepreneurial momen- CELEBRATING BLACK HISTORY national struggle and its aftermath; tum, we will generate more jobs, earn- MONTH ings, and reverse this downward trend ‘‘Whereas this resolution will focus in small business formation. Less tax, The SPEAKER pro tempore. Under primarily on African Americans in the more taxpayers, more revenue over the Speaker’s announced policy of Jan- military, which is but one historically time, that is the calculation. uary 3, 2017, the gentleman from Texas important aspect of this far-reaching (Mr. AL GREEN) is recognized for 60 exploration of African-American his- b 1800 minutes as the designee of the minor- tory; As more opportunity appears, more ity leader. ‘‘Whereas African Americans have persons should also be able to transi- GENERAL LEAVE fought for the United States through- tion from important support mecha- Mr. AL GREEN of Texas. Mr. Speak- out its history; nisms and systems into meaningful er, I ask unanimous consent for all ‘‘Whereas despite racial segregation work. Members to have 5 legislative days to and discrimination, African Americans Now, this tax reform attempts to be revise and extend their remarks on the have played a significant role during sensitive to the needs of all Americans subject of my Special Order. times of war from the colonial period as it begins to push for a modernized The SPEAKER pro tempore. Is there forward’’—Mr. Speaker, it is inter- revenue construct that no longer en- objection to the request of the gen- esting to note, as an aside now, that it ables the complex, lawyered-up, quar- tleman from Texas? was not until 1948, by Presidential ex- terly-driven multinationals to unjustly There was no objection. ecutive order, that President Truman benefit from low taxes abroad while Mr. AL GREEN of Texas. Mr. Speak- desegregated the military. taking advantage of tax loopholes here. er, this is February 14, Valentine’s Continuing: ‘‘Whereas Crispus It rebalances the perverse incentives to Day, and this is but one day, of course, Attucks was a fugitive slave working offshore. At the same time, it uses the in the month of February, which is outside of , Massachusetts, as a carrot of lower corporate rates to bring Black History Month. I am honored to sailor, and during his time off, he foreign profits back to America, and we stand here tonight to present a resolu- worked as a rope maker near the are already seeing the effect. tion that will be filed, a Black History wharf; So, on balance, this was a massive, resolution. ‘‘Whereas in early 1770, competition historic, and necessary overhaul of our But I am also honored to say that a for work and wages became stiff as antiquated, harsh, and complicated tax good many of my colleagues are in sup- British soldiers were contending for system so that families cannot only port of Black History Month, and they the same unskilled positions as the get by, but maybe they can start get- deserve to have their words, their ex- locals’’—that would be Crispus Attucks ting ahead. And if we can combine this pressions made known, which is why I and other locals;

VerDate Sep 11 2014 01:56 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K14FE7.078 H14FEPT1 lotter on DSKBCFDHB2PROD with HOUSE February 14, 2018 CONGRESSIONAL RECORD — HOUSE H1175 ‘‘Whereas this situation created ten- number—‘‘approximately 800 African ‘‘Whereas the preservation and teach- sion which slowly escalated to violent Americans were killed in action; ing of Black history are nationally rec- confrontations; ‘‘Whereas Doris Miller enlisted in the ognized due to the efforts of Dr. Carter ‘‘Whereas on March 5, 1770, Attucks U.S. Navy as a mess attendant’’— G. Woodson and his establishment of led a group of rope makers and sailors meaning he was a person who served Negro History Week, the precursor to into a confrontation with a group of those others with food and took care of Black History Month; British soldiers and subsequently was the cleaning of facilities—‘‘where he ‘‘Whereas Black History Month, shot and killed; served on the USS West Virginia when which represents Dr. Carter G. ‘‘Whereas Crispus Attucks, a Black the Japanese attacked Pearl Harbor on Woodson’s efforts to enhance knowl- man, is generally considered to be the December 7, 1941; edge of Black history, started through first casualty of the Revolutionary War ‘‘Whereas Miller was assigned to the Journal of Negro History, pub- and is remembered as the first of many carry the wounded sailors to safer lished by Woodson’s Association for the notable African-American heroes; quarters; Study of African American Life and ‘‘Whereas Araminta Ross was born ‘‘Whereas he returned to the deck History; and into in Maryland and escaped and picked up a 50-caliber Browning ‘‘Whereas the month of February is to freedom in the North in 1849 to be- antiaircraft machine gun that he had officially celebrated as Black History come the most famous conductor on never been trained to shoot and man- Month, which dates back to 1926, when the Underground Railroad; aged to shoot down enemy aircraft; Dr. Carter G. Woodson set aside a spe- ‘‘Whereas Araminta Ross was a lead- ‘‘Whereas, Doris Miller, a Black man, cial period of time in February to rec- ing abolitionist before the American was commended by the Secretary of ognize the heritage and achievements Civil War and also helped the Union the Navy and became the first African of Black Americans. Army during war, working as a spy, American to be presented the Navy ‘‘Now, therefore, be it resolved that among other roles; Cross; the House of Representatives— ‘‘Whereas Araminta Ross, a Black ‘‘Whereas before 1940, African Ameri- ‘‘Recognizes the significance of Black History Month as an important time to woman, guided the Combahee River cans were barred from flying for the acknowledge and celebrate the con- Raid, which liberated more than 700 U.S. military; tributions of African Americans in the slaves in South Carolina; ‘‘Whereas civil rights organizations Nation’s history, and encourages the ‘‘Whereas Araminta Ross, better and Black press exerted pressure on continued celebration of this month to known as Harriet Tubman, was the President Roosevelt, which resulted in provide an opportunity for all peoples first woman to lead an armed expedi- the formation of the Tuskegee Airmen of the United States’’—regardless of tion during the Civil War; based in Tuskegee, Alabama, in 1941; where they are from—‘‘to learn more ‘‘Whereas Powhatan Beaty was born ‘‘Whereas the Tuskegee Airmen in- about the past and to better under- a slave in Richmond, Virginia, in 1837; cluded pilots, navigators, bombardiers, stand the experiences that have shaped ‘‘Whereas when the Civil War broke maintenance and support staff, instruc- tors, as well as the personnel who kept the Nation; out, Beaty enlisted in the ; ‘‘Recognizes that ethnic and racial ‘‘Whereas Powhatan Beaty, a Black the planes and pilots in the air; ‘‘Whereas the Black Tuskegee Air- diversity of the United States enriches man, was quickly promoted to sergeant and strengthens the Nation; and and oversaw 47 other Black recruits in men overcame segregation and preju- dice to become one of the most highly ‘‘Encourages all States to include in noncombat jobs; their year-round educational cur- ‘‘Whereas in September of 1864, respected groups of World War II; ‘‘Whereas the Tuskegee Airmen’s riculum the history and contributions Beaty’s division attacked the enemy at of African Americans in the United Chaffin’s farm, near Richmond, Vir- achievements helped pave the way for full integration of U.S. military; States and around the world.’’ ginia; Mr. Speaker, I am honored to say to ‘‘Whereas with all of the other unit’s ‘‘Whereas during World War II, ap- proximately 700 African Americans this audience that this Congress has officers and most of its enlisted men been very responsive to the notion of dead or wounded, Beaty took over and were killed in action; ‘‘Whereas Cornelius Charlton, a ca- celebrating African-American history. led a second charge, driving the enemy reer military man, served in the Army My hope is that, once we are back in back; during the Korean war; the business of approving resolutions of ‘‘Whereas for his heroism, Powhatan ‘‘Whereas on June 2, 1951, his platoon this type, this resolution will be taken Beaty, a Black man, was awarded the encountered heavy resistance while at- up by the Congress of the United . . . ;’’ tempting to take Hill 543 and the lead- States of America, that it will be voted ‘‘Whereas Benjamin Oliver Davis, Sr., er of his platoon was wounded; on, and that it will be passed. entered the military service on July 13, ‘‘Whereas Charlton took command My hope is that this will be an indi- 1898, during the Spanish-American War and regrouped his men and led an as- cation to our country that our Con- and, as a temporary first of sault on the hill; gress does truly appreciate what the the 8th United States Volunteer Infan- ‘‘Whereas he singlehandedly attacked African Americans have done to make try; and disabled the last remaining enemy America the beautiful a more beautiful ‘‘Whereas on June 18, 1899, he enlisted gun encampments; America. as a private in the 9th Cavalry of the Mr. Speaker, I yield back the balance Regular Army; b 1815 of my time. ‘‘Whereas Davis eventually came ‘‘Whereas he subsequently died from Ms. EDDIE BERNICE JOHNSON of Texas. under the command of Charles Young, his wounds inflicted by a grenade, but Mr. Speaker, today I rise to recognize this whom, at the time, was the only Afri- he is credited with saving much of his month of February as Black History Month. can-American officer serving in the platoon; Black History Month is an important celebra- U.S. military; ‘‘Whereas Cornelius Charlton, a tion of the achievements and sacrifices of Afri- ‘‘Whereas Young took Davis under Black man, posthumously received the can-Americans in building our nation. his tutelage and helped him to prepare Medal of Honor for his actions near Black History Month has a rich history itself, to take his officer candidate test; Chipo-ri, South Korea; from its humble beginnings as ‘Negro Aware- ‘‘Whereas in only 2 years, he rose to ‘‘Whereas African Americans lit- ness Week’, celebrated in February to coin- sergeant major and earned a commis- erally fought for the right to die in de- cide with the birth months of both Frederick sion as a second lieutenant in 1901; fense of their country; Douglass and President Lincoln, the expan- ‘‘Whereas Benjamin Oliver Davis, a ‘‘Whereas in the face of injustices, sion to a month was first celebrated at Kent Black man, rose through the ranks and many African Americans distinguished State University in 1970, before being officially became the first African American to themselves with their commitment to recognized by President Gerald Ford in 1976, achieve the rank of brigadier general the noble ideals upon which the United who said that it was a ‘seize the opportunity in the U.S. military; States was founded and courageously to honor the too-often neglected accomplish- ‘‘Whereas, during World War I, ap- fought for the rights and the freedom ments of Black Americans in every area of en- proximately 800‘‘—no one is sure of the of all Americans; deavor throughout our history’. February has

VerDate Sep 11 2014 03:24 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00047 Fmt 4634 Sfmt 9920 E:\CR\FM\K14FE7.080 H14FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H1176 CONGRESSIONAL RECORD — HOUSE February 14, 2018 been officially designated as Black History 3982. A letter from the Congressional Re- Stat. 868); to the Committee on Energy and Month by every President since, and while the view Coordinator, Animal and Plant Heath Commerce. month is not itself sufficient to honor the leg- Inspection Service, Department of Agri- 3990. A letter from the Director, Regu- culture, transmitting the Department’s final latory Management Division, Environmental acies of African-Americans, it makes a good rule — Standardizing Phytosanitary Treat- Protection Agency, transmitting the Agen- start. ment Regulations: Approval of Cold Treat- cy’s final rule — OHIO: Final Authorization This year is especially important, as is this ment and Irradiation Facilities; Cold Treat- of State Hazardous Waste Management Pro- day, as we honor the 200th birthday of Fred- ment Schedules; Establishment of Fumiga- gram Revision [EPA-R05-RCRA-2017-0381; erick Douglass, a towering presence in Afri- tion and Cold Treatment Compliance Agree- FRL-9974-25-Region 5] received February 9, can-American history. Born into slavery, se- ments [Docket No.: APHIS-2013-0081] (RIN: 2018, pursuant to 5 U.S.C. 801(a)(1)(A); Public cretly teaching himself to read and write, Fred- 0579-AD90) received February 12, 2018, pursu- Law 104-121, Sec. 251; (110 Stat. 868); to the erick Douglass would become a powerful ant to 5 U.S.C. 801(a)(1)(A); Public Law 104- Committee on Energy and Commerce. 121, Sec. 251; (110 Stat. 868); to the Committee 3991. A letter from the General Counsel, voice for abolition, and for the equality of all on Agriculture. Federal Energy Regulatory Commission, people. 3983. A letter from the Acting Under Sec- transmitting the Commission’s final rule — But during this month, we must honor not retary of Defense for Research and Engineer- Emergency Preparedness and Operations Re- only and the other leading ing, Department of Defense, transmitting liability Standards [Docket No.: RM17-12-000; figures of our movement, but also the thou- the Department’s Calendar Year 2017 reports Order No.: 840] received February 12, 2018, sands of ordinary African-Americans who to describe activities under the Secretary of pursuant to 5 U.S.C. 801(a)(1)(A); Public Law formed the tide that swept slavery from our Defense Personnel Management Demonstra- 104-121, Sec. 251; (110 Stat. 868); to the Com- tion Project authorities for the Department mittee on Energy and Commerce. nation, the many people who continue in the of Defense Science and Technology Reinven- 3992. A letter from the Chairman, United effort to eradicate racism today, and all those tion Laboratories, pursuant to 10 U.S.C. 2358 States Nuclear Waste Technical Review who will do so in the future. note; Public Law 110-181, Sec. 1107(d); (122 Board, transmitting the Board’s report ti- Mr. Speaker, I thank my good friend AL Stat. 358); to the Committee on Armed Serv- tled, ‘‘A Report to Congress and the Sec- GREEN for convening this special order ses- ices. retary of Energy on Management and Dis- sion, so that we can appropriately honor Black 3984. A letter from the Associate General posal of U.S. Department of Energy Spent History Month, and recognize the sacrifice and Counsel for Legislation and Regulations, Of- Nuclear Fuel’’, pursuant to the Nuclear fice of Policy, Development and Research, courage of African-Americans throughout our Waste Policy Amendments Act of 1987, Pub- Department of Housing and Urban Develop- lic Law 100-203; to the Committee on Energy nation’s history. ment, transmitting the Department’s in- and Commerce. f terim final rule — Federal Policy for the 3993. A letter from the Assistant Secretary, Protection of Human Subjects: Delay of the Legislative Affairs, Department of State, LEAVE OF ABSENCE Revisions to the Federal Policy for the Pro- transmitting the Department’s Supple- By unanimous consent, leave of ab- tection of Human Subjects [Docket No.: FR- mental Report to Congress on Market Data sence was granted to: 6077-I-01] received February 1, 2018, pursuant for overseas Cost-of-Living Adjustments, to 5 U.S.C. 801(a)(1)(A); Public Law 104-121, pursuant to Public Law 114-323, Sec. 411; to Mr. LOBIONDO (at the request of Mr. Sec. 251; (110 Stat. 868); to the Committee on the Committee on Foreign Affairs. MCCARTHY) for today after 1:30 p.m. Financial Services. 3994. A letter from the Assistant Secretary, and for February 15 on account of at- 3985. A letter from the General Counsel, Legislative Affairs, Department of State, tending a family funeral. Federal Housing Finance Agency, transmit- transmitting a determination by the Sec- Mrs. WATSON COLEMAN (at the re- ting the Agency’s final rule — 2018-2020 En- retary to exercise the authority to waive the quest of Ms. PELOSI) for today. terprise Housing Goals (RIN: 2590-AA81) re- restriction on assistance under Sec. 620(q) of ceived February 7, 2018, pursuant to 5 U.S.C. the Foreign Assistance Act of 1961 with re- f 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 spect to Antigua and Barbuda; to the Com- mittee on Foreign Affairs. BILLS PRESENTED TO THE Stat. 868); to the Committee on Financial Services. 3995. A letter from the Chairman, Council PRESIDENT 3986. A letter from the Secretary, Depart- of the District of Columbia, transmitting Karen L. Haas, Clerk of the House, ment of Education, transmitting the Depart- D.C. Act 22-255, ‘‘Washington Metrorail Safe- reported that on February 9, 2018, she ment’s final regulations — Student Assist- ty Commission Board of Directors Appoint- presented to the President of the ance General Provisions, Federal Perkins ment Amendment Act of 2018’’, pursuant to Loan Program, Federal Family Education Public Law 93-198, Sec. 602(c)(1); (87 Stat. United States, for his approval, the fol- Loan Program, William D. Ford Federal Di- 814); to the Committee on Oversight and lowing bills: rect Loan Program, and Teacher Education Government Reform. H.R. 1892. To amend title 4, United States Assistance of College and Higher Education 3996. A letter from the Chairman, Council Code, to provide for the flying of the flag at Grant Program [Docket ID: ED-2017-OPE- of the District of Columbia, transmitting half-staff in the event of the death of a first 0112] (RIN: 1840-AD28) received February 12, D.C. Act 22-254, ‘‘East End Grocery and Re- responder in the line of duty. 2018, pursuant to 5 U.S.C. 801(a)(1)(A); Public tail Incentive Tax Exemption Act of 2018’’, H.R. 1301. Making appropriations for the Law 104-121, Sec. 251; (110 Stat. 868); to the pursuant to Public Law 93-198, Sec. 602(c)(1); Department of Defense the fiscal year ending Committee on Education and the Workforce. (87 Stat. 814); to the Committee on Oversight September 30,2017, and for other purposes. 3987. A letter from the Chairman, Occupa- and Government Reform. H.R. 582. To amend the Communications tional Safety and Health Review Commis- 3997. A letter from the Chairman, Council Act of 1934 to require multi-line telephone sion, transmitting the Commission’s Occupa- of the District of Columbia, transmitting systems to have a configuration that permits tional Safety and Health Review Commis- D.C. Act 22-253 ‘‘Jackson School Lease Re- users to directly initiate a call to 9-1-1 with- sion report for Fiscal Year 2017, pursuant to newal Authorization Act of 2018’’, pursuant out dialing any additional digit, code, prefix, the Buy American Act, 41 U.S.C. 10a(b); to to Public Law 93-198, Sec. 602(c)(1); (87 Stat. or post-fix, and for other purposes. the Committee on Education and the Work- 814); to the Committee on Oversight and force. Government Reform. f 3988. A letter from the Assistant General 3998. A letter from the Chairman, Council ADJOURNMENT Counsel, Consumer Product Safety Commis- of the District of Columbia, transmitting sion, transmitting the Commission’s direct D.C. Act 22-252, ‘‘East End Commercial Real Mr. AL GREEN of Texas. Mr. Speak- final rule — Revision to Children’s Gasoline Property Tax Rate Reduction Amendment er, I move that the House do now ad- Burn Prevention Act Regulation [Docket Act of 2018’’, pursuant to Public Law 93-198, journ. No.: CPSC-2015-0006] received February 1, Sec. 602(c)(1); (87 Stat. 814); to the Committee The motion was agreed to; accord- 2018, pursuant to 5 U.S.C. 801(a)(1)(A); Public on Oversight and Government Reform. ingly (at 6 o’clock and 20 minutes Law 104-121, Sec. 251; (110 Stat. 868); to the 3999. A letter from the Chairman, Council Committee on Energy and Commerce. of the District of Columbia, transmitting p.m.), under its previous order, the 3989. A letter from the Director, Regu- D.C. Act 22-251, ‘‘General Obligation Bonds House adjourned until tomorrow, latory Management Division, Environmental and Bond Anticipation Notes for Fiscal Thursday, February 15, 2018, at 9 a.m. Protection Agency, transmitting the Agen- Years 2018-2023 Authorization Act of 2018’’, f cy’s final rule — Approval and Promulgation pursuant to Public Law 93-198, Sec. 602(c)(1); of Air Quality Implementation Plans; Arkan- (87 Stat. 814); to the Committee on Oversight EXECUTIVE COMMUNICATIONS, sas; Infrastructure State Implementation and Government Reform. ETC. Plan Requirements for the National Ambient 4000. A letter from the Chairman, Council Air Quality Standards [EPA-R06-OAR-2017- of the District of Columbia, transmitting Under clause 2 of rule XIV, executive 0435; FRL-9973-23-Region 6] received Feb- D.C. Act 22-250, ‘‘Africare Real Property Tax communications were taken from the ruary 9, 2018, pursuant to 5 U.S.C. Relief Act of 2018’’, pursuant to Public Law Speaker’s table and referred as follows: 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 93-198, Sec. 602(c)(1); (87 Stat. 814); to the

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Committee on Oversight and Government Ms. LOFGREN, Mr. LANGEVIN, Mr. Mr. THOMPSON of Mississippi, Mr. Reform. RICHMOND, and Mrs. DEMINGS): CONNOLLY, Mr. GUTIE´ RREZ, Mr. JOHN- 4001. A letter from the Chairman, Council H.R. 5011. A bill to protect elections for SON of Georgia, Ms. NORTON, Ms. of the District of Columbia, transmitting public office by providing financial support BARRAGA´ N, Mrs. LAWRENCE, Mrs. D.C. Act 22-249, ‘‘Electric Vehicle Public In- and enhanced security for the infrastructure CAROLYN B. MALONEY of New York, frastructure Expansion Amendment Act of used to carry out such elections, and for Mr. PAYNE, Mr. COOPER, Ms. 2018’’, pursuant to Public Law 93-198, Sec. other purposes; to the Committee on House VELA´ ZQUEZ, Mr. WELCH, Ms. JAYAPAL, 602(c)(1); (87 Stat. 814); to the Committee on Administration, and in addition to the Com- Mr. KRISHNAMOORTHI, Mr. LYNCH, Mr. Oversight and Government Reform. mittees on Homeland Security, Intelligence COHEN, Mr. CLAY, Mr. DESAULNIER, 4002. A letter from the Chairman, Council (Permanent Select), the Judiciary, and For- Mr. LOWENTHAL, Mr. BEYER, Mrs. of the District of Columbia, transmitting eign Affairs, for a period to be subsequently WATSON COLEMAN, Mr. RASKIN, Ms. D.C. Act 22-248, ‘‘Bicycle and Pedestrian determined by the Speaker, in each case for PLASKETT, Mr. DANNY K. DAVIS of Il- Safety Clarification Amendment Act of consideration of such provisions as fall with- linois, Mr. CICILLINE, and Mr. in the jurisdiction of the committee con- 2018’’, pursuant to Public Law 93-198, Sec. GALLEGO): 602(c)(1); (87 Stat. 814); to the Committee on cerned. H.R. 5019. A bill to amend title 5, United Oversight and Government Reform. By Mr. ROKITA (for himself, Mr. States Code, to require a quarterly report on ARINO, and Mr. BABIN): 4003. A letter from the Chairman, Council M security clearances for individuals working H.R. 5012. A bill to provide further tax re- of the District of Columbia, transmitting in the White House or the Executive Office of D.C. Act 22-247, ‘‘National Community Rein- lief for Americans receiving bonuses; to the Committee on Ways and Means. the President, and for other purposes; to the vestment Coalition Real Property Tax Ex- Committee on Oversight and Government By Mr. OLSON (for himself, Mr. CON- emption Amendment Act of 2018’’, pursuant Reform. NOLLY, Mr. ROE of Tennessee, Mr. to Public Law 93-198, Sec. 602(c)(1); (87 Stat. By Mr. LOEBSACK: BEYER, Ms. CHENEY, Mr. DUNN, and 814); to the Committee on Oversight and H.R. 5020. A bill to provide for the estab- Mr. HARRIS): Government Reform. lishment of a Department of Education pro- 4004. A letter from the Acting Director, H.R. 5013. A bill to amend the Public Health Service Act to clarify liability pro- gram to award grants to secondary schools Consumer Financial Protection Bureau, that establish a project to encourage stu- transmitting the Bureau’s Strategic Plan for tections regarding emergency use of auto- mated external defibrillators; to the Com- dents in their junior and senior school years Fiscal Years 2018-2022, pursuant to 5 U.S.C. to experience career and technical education 306(a); Public Law 103-62, Sec. 3(a) (as amend- mittee on Energy and Commerce. By Mr. RUTHERFORD (for himself, courses at a community college, and for ed by Public Law 111-352, Sec. 2); (124 Stat. other purposes; to the Committee on Edu- 3866); to the Committee on Oversight and Mr. BILIRAKIS, Mr. BUCHANAN, Mr. DESANTIS, Mr. GAETZ, Mr. MAST, Mr. cation and the Workforce. Government Reform. By Mr. SEAN PATRICK MALONEY of 4005. A letter from the Assistant Director, FRANCIS ROONEY of Florida, Ms. ROS- New York: OSD SEMO, Department of Defense, trans- LEHTINEN, Mr. ROSS, and Mr. YOHO): H.R. 5021. A bill to require the Adminis- mitting forty (40) notifications of a federal H.R. 5014. A bill to provide for a morato- rium on oil and gas leasing and exploration trator of the Drug Enforcement Administra- vacancy, designation of acting officer, nomi- on the outer Continental Shelf off the coast tion to make publicly available on the nation, action on nomination, change in pre- of Florida until 2029, and for other purposes; website of the Drug Enforcement Adminis- viously submitted reported information, or to the Committee on Natural Resources. tration a report on the sale of controlled discontinuation of service in acting role, By Mr. BLUMENAUER (for himself, substances and controlled substance ana- pursuant to 5 U.S.C. 3349(a); Public Law 105- Mr. MCGOVERN, Mr. HUFFMAN, Ms. logues by means of the Internet; to the Com- 277, 151(b); (112 Stat. 2681-614); to the Com- NORTON, Ms. VELA´ ZQUEZ, Ms. SPEIER, mittee on Energy and Commerce, and in ad- mittee on Oversight and Government Re- Mr. DEFAZIO, Ms. WASSERMAN dition to the Committee on the Judiciary, form. SCHULTZ, Mrs. CAROLYN B. MALONEY 4006. A letter from the Acting Chief Finan- for a period to be subsequently determined of New York, Ms. MCCOLLUM, Ms. cial Officer, Department of Homeland Secu- by the Speaker, in each case for consider- TSONGAS, Ms. SCHAKOWSKY, Ms. rity, transmitting the Department’s Annual ation of such provisions as fall within the ju- CLARK of Massachusetts, Mr. CON- Performance Report for Fiscal Years 2017- risdiction of the committee concerned. NOLLY, Mr. PASCRELL, Mr. POLIS, Mr. 2019, Annual Performance Plan, and Annual By Mr. MARSHALL (for himself, Mr. QUIGLEY, Mr. NADLER, Ms. SLAUGH- Performance Report, pursuant to 31 U.S.C. THOMPSON of Pennsylvania, Mrs. TER, Ms. LOFGREN, Mr. MEEKS, Ms. 1115(b); Public Law 111-352, Sec. 3; (124 Stat. BUSTOS, and Mrs. DINGELL): PINGREE, Ms. LEE, Mr. ELLISON, Mrs. 3867); to the Committee on Oversight and H.R. 5022. A bill to amend the Food Secu- WATSON COLEMAN, Mr. GRIJALVA, Mr. Government Reform. rity Act of 1985 to authorize funding for the 4007. A letter from the Acting Director and NOLAN, Mr. LARSEN of Washington, voluntary public access and habitat incen- General Counsel, Office of Government Eth- Ms. KUSTER of New Hampshire, Mr. tive program; to the Committee on Agri- ics, transmitting the Office’s Strategic Plan CARTWRIGHT, Mr. COHEN, Ms. culture. for FY 2018-22, Congressional Budget Jus- DELAURO, Ms. MICHELLE LUJAN GRIS- By Ms. NORTON: tification for 2019, Annual Performance Plan HAM of New Mexico, Ms. ESTY of Con- H.R. 5023. A bill to designate the Civil War for FY 2018 and 2019, and Annual Perform- necticut, and Ms. KAPTUR): Defenses of Washington National Historical H.R. 5015. A bill to direct the Adminis- ance Report for FY 2017, pursuant to 31 Park comprised of certain National Park trator of the Environmental Protection U.S.C. 1115(b); Public Law 111-352, Sec. 3; (124 System lands, and by affiliation and cooper- Agency to take certain actions related to Stat. 3867) and 5 U.S.C. 306(a); Public Law ative agreements other historically signifi- pesticides that may affect pollinators, and 103-62, Sec. 3(a) (as amended by Public Law cant resources, located in the District of Co- for other purposes; to the Committee on Ag- lumbia, Virginia, and Maryland, that were 111-352, Sec. 2); (124 Stat. 3866); to the Com- riculture. mittee on Oversight and Government Re- part of the Civil War defenses of Washington By Mr. ABRAHAM: and related to the Shenandoah Valley Cam- form. H.R. 5016. A bill to direct the Secretary of paign of 1864, to study ways in which the 4008. A letter from the Chairman, United Transportation to establish a Revitalize Civil War history of both the North and States International Trade Commission, Rural America Grant Program, and for other South can be assembled, arrayed, and con- transmitting the Commission’s Strategic purposes; to the Committee on Transpor- Plan for fiscal years 2018-22, combined An- tation and Infrastructure, and in addition to veyed for the benefit of the public, and for nual Performance Plan for FY 2018-19, and the Committee on Energy and Commerce, for other purposes; to the Committee on Natural Annual Performance Report for FY 2017, and a period to be subsequently determined by Resources. Budget Justification for FY 2019, pursuant to the Speaker, in each case for consideration By Mrs. RADEWAGEN: 31 U.S.C. 1115(b); Public Law 111-352, Sec. 3; of such provisions as fall within the jurisdic- H.R. 5024. A bill to exclude the species (124 Stat. 3867) and 5 U.S.C. 306(a); Public tion of the committee concerned. known as bullet tuna and frigate tuna from Law 103-62, Sec. 3(a) (as amended by Public By Ms. FUDGE (for herself, Mr. EVANS, the standard of identity established for Law 111-352, Sec. 2); (124 Stat. 3866); to the and Ms. LEE): canned tuna, and for other purposes; to the Committee on Oversight and Government H.R. 5017. A bill to amend the Department Committee on Energy and Commerce. Reform. of Agriculture Reorganization Act of 1994 to By Mrs. RADEWAGEN: f reauthorize the Healthy Food Financing Ini- H.R. 5025. A bill to amend the Western and tiative, and for other purposes; to the Com- Central Pacific Fisheries Convention Imple- PUBLIC BILLS AND RESOLUTIONS mittee on Agriculture. mentation Act to limit the imposition of Under clause 2 of rule XII, public By Mr. KIND: penalties against a person fishing on a bills and resolutions of the following H.R. 5018. A bill to carry out pilot pro- United States flag fishing vessel in certain grams to improve skills and job training, and areas of the Pacific Ocean based on a report titles were introduced and severally re- for other purposes; to the Committee on by an observer on such a vessel; to the Com- ferred, as follows: Education and the Workforce. mittee on Natural Resources. By Mr. THOMPSON of Mississippi (for By Mr. TED LIEU of California (for By Mrs. RADEWAGEN (for herself and himself, Mr. BRADY of Pennsylvania, himself, Mr. NADLER, Mr. CUMMINGS, Ms. BORDALLO):

VerDate Sep 11 2014 01:56 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\L14FE7.000 H14FEPT1 lotter on DSKBCFDHB2PROD with HOUSE H1178 CONGRESSIONAL RECORD — HOUSE February 14, 2018 H.R. 5026. A bill to amend the Immigration Congress has the power to enact this legis- . . . among the several States’’ and ‘‘To and Nationality Act to waive certain re- lation pursuant to the following: make all Laws which shall be neccessaru and quirements for naturalization for American Article I, Section 8 proper’’) Samoan United States nationals to become By Mr. ABRAHAM: By Mr. SOTO: United States citizens, and for other pur- H.R. 5016. H.R. 5029. poses; to the Committee on the Judiciary, Congress has the power to enact this legis- Congress has the power to enact this legis- and in addition to the Committee on Natural lation pursuant to the following: lation pursuant to the following: Resources, for a period to be subsequently Article 1, Section 8, Clause 1 of the U.S. Article 1, Section 8, of the United States determined by the Speaker, in each case for Constitution. Constitution. consideration of such provisions as fall with- By Ms. FUDGE: f in the jurisdiction of the committee con- H.R. 5017. cerned. Congress has the power to enact this legis- ADDITIONAL SPONSORS By Mr. RATCLIFFE (for himself and lation pursuant to the following: Under clause 7 of rule XII, sponsors Aritcle I section 8 clause 3; To regulate Miss RICE of New York): were added to public bills and resolu- H.R. 5027. A bill to amend chapter 77 of commerce with foreign nations, and among title 18, United States Code, to clarify that the several states, and with the Indian tions, as follows: using drugs or illegal substances to cause a tribes. H.R. 99: Mrs. MURPHY of Florida. person to engage in a commercial sex act By Mr. KIND: H.R. 113: Mr. AL GREEN of Texas. constitutes and using drugs or ille- H.R. 5018. H.R. 365: Mr. LUETKEMEYER. gal substances to provide or obtain the labor Congress has the power to enact this legis- H.R. 392: Miss GONZA´ LEZ-COLO´ N of Puerto or services of a person constitutes forced lation pursuant to the following: Rico and Mr. JOYCE of Ohio. labor; to the Committee on the Judiciary. Article I, Section 8, Clause 3 H.R. 613: Mr. ROTHFUS. By Ms. ROSEN: By Mr. TED LIEU of California: H.R. 667: Mr. SMITH of Nebraska and Mr. H.R. 5028. A bill to amend the Securities H.R. 5019. BYRNE. Exchange Act of 1934 to require disclosure of Congress has the power to enact this legis- H.R. 676: Ms. FRANKEL of Florida. payments for settlements of disputes regard- lation pursuant to the following: H.R. 681: Mr. BISHOP of Utah, Mr. EMMER, ing sexual abuse and certain types of harass- Article I, Section VIII and Mr. JODY B. HICE of Georgia. ment and discrimination, and for other pur- By Mr. LOEBSACK: H.R. 719: Mr. RICE of South Carolina. poses; to the Committee on Financial Serv- H.R. 5020. H.R. 731: Mr. RUIZ, Ms. JUDY CHU of Cali- ices. Congress has the power to enact this legis- fornia, Mr. SHERMAN, and Mr. GOMEZ. By Mr. SOTO: lation pursuant to the following: H.R. 757: Mr. PETERSON. H.R. 5029. A bill to amend the National Ag- Article I, Section 8, Clause I of the Con- H.R. 795: Ms. ESTY of Connecticut. ricultural Research, Extension, and Teach- stitution H.R. 809: Mr. MCCLINTOCK. ing Policy Act of 1977 to require the spe- By Mr. SEAN PATRICK MALONEY of H.R. 878: Mr. BUCK. cialty crops committee to make an addi- New York: H.R. 881: Ms. CLARKE of New York, Mr. tional recommendation regarding agricul- H.R. 5021. SCHNEIDER, and Mr. JOHNSON of Louisiana. tural technology, and for other purposes; to Congress has the power to enact this legis- H.R. 909: Mr. AL GREEN of Texas. the Committee on Agriculture. lation pursuant to the following: H.R. 959: Mr. CARSON of Indiana and Mrs. Art. I, Sec. 8 DINGELL. By Mr. PETERS (for himself, Mr. ISSA, By Mr. MARSHALL: H.R. 964: Mr. BACON and Mr. SOTO. Mr. CA´ RDENAS, Mr. COHEN, Mr. GRI- H.R. 5022. H.R. 1002: Mr. KIHUEN. JALVA, Ms. JACKSON LEE, Mr. JOHN- Congress has the power to enact this legis- H.R. 1017: Mr. JOHNSON of Georgia. SON of Georgia, Ms. LEE, Mr. MCGOV- lation pursuant to the following: H.R. 1102: Mr. MCGOVERN. ERN, Mr. POCAN, Mr. QUIGLEY, Mr. The ability to regulate interstate com- H.R. 1156: Mr. FITZPATRICK. SERRANO, and Mr. HASTINGS): merce pursuant to Article 1, Section 8, H.R. 1205: Mr. SUOZZI, Mr. GONZALEZ of H. Res. 738. A resolution expressing support Clause 3. Texas, and Mr. SOTO. for designation of February 14 as World By Ms. NORTON: H.R. 1212: Mr. ELLISON. Bonobo Day; to the Committee on Natural H.R. 5023. H.R. 1267: Mr. CUELLAR. Resources. Congress has the power to enact this legis- H.R. 1276: Mr. MICHAEL F. DOYLE of Penn- f lation pursuant to the following: sylvania. CONSTITUTIONAL AUTHORITY clause 18 of section 8 of article I of the H.R. 1291: Mr. KENNEDY. STATEMENT Constitution. H.R. 1300: Ms. SEWELL of Alabama and Mr. By Mrs. RADEWAGEN: ROGERS of Alabama. Pursuant to clause 7 of rule XII of H.R. 5024. H.R. 1341: Mr. SMITH of Nebraska. the Rules of the House of Representa- Congress has the power to enact this legis- H.R. 1358: Mr. PETERSON. tives, the following statements are sub- lation pursuant to the following: H.R. 1377: Ms. GABBARD. mitted regarding the specific powers Article 1, Section 8 of the United States H.R. 1447: Ms. BASS. granted to Congress in the Constitu- Constitution. H.R. 1494: Ms. PLASKETT, Mr. COLLINS of By Mrs. RADEWAGEN: New York, and Mr. AL GREEN of Texas. tion to enact the accompanying bill or H.R. 5025. H.R. 1515: Ms. BASS. joint resolution. Congress has the power to enact this legis- H.R. 1516: Ms. BASS. By Mr. THOMPSON of Mississippi: lation pursuant to the following: H.R. 1617: Ms. MICHELLE LUJAN GRISHAM of H.R. 5011. Article 1, Section 8 of the United States New Mexico. Congress has the power to enact this legis- Constitution. H.R. 1676: Ms. TITUS. lation pursuant to the following: By Mrs. RADEWAGEN: H.R. 1734: Ms. KELLY of Illinois, Ms. ROS- The United States Constitution Article 1, H.R. 5026. LEHTINEN, Mr. KHANNA, Ms. TSONGAS, Mr. Section 8, Clause 18, that Congress shall have Congress has the power to enact this legis- LARSON of Connecticut, Mr. CLEAVER, and the power to make all laws which shall be lation pursuant to the following: Ms. GABBARD. necessary and proper. Article 1, Section 8 of the United States H.R. 1784: Mr. MCNERNEY. By Mr. ROKITA: Constitution. H.R. 1847: Mr. AL GREEN of Texas. H.R. 5012. By Mr. RATCLIFFE: H.R. 1881: Mr. ROUZER. Congress has the power to enact this legis- H.R. 5027. H.R. 2024: Mr. GAETZ. lation pursuant to the following: Congress has the power to enact this legis- H.R. 2242: Mr. DANNY K. DAVIS of Illinois. Article I, Section 8, Clause 1 of the Con- lation pursuant to the following: H.R. 2267: Mr. BEN RAY LUJA´ N of New Mex- stitution of the United States. Clause 18 of section 8 of article I of the ico. By Mr. OLSON: Constitution which states that Congress has H.R. 2308: Mr. DESAULNIER and Mr. FOSTER. H.R. 5013. the power ‘‘to make all laws which shall be H.R. 2309: Ms. CLARKE of New York. Congress has the power to enact this legis- necessary and proper for carrying into Exe- H.R. 2310: Mr. BACON. lation pursuant to the following: cution the foregoing Powers, and all other H.R. 2319: Mr. VELA. Article 1, Section 8 Powers vested by this Constitution in the H.R. 2327: Mrs. HARTZLER. By Mr. RUTHERFORD: Government of the United States, or in any H.R. 2366: Mr. GUTIE´ RREZ and Mr. RASKIN. H.R. 5014. Department or Officer thereof.’’ H.R. 2417: Mr. BRADY of Pennsylvania. Congress has the power to enact this legis- By Ms. ROSEN: H.R. 2501: Ms. SLAUGHTER. lation pursuant to the following: H.R. 5028. H.R. 2659: Ms. MENG. Article 1, Section 8 of the United States Congress has the power to enact this legis- H.R. 2740: Mr. SAM JOHNSON of Texas. Constitution. lation pursuant to the following: H.R. 2917: Mr. PEARCE. By Mr. BLUMENAUER: Article I, Section 8, Clauses 3 and 18 of the H.R. 2987: Ms. MICHELLE LUJAN GRISHAM of H.R. 5015. U.S. Constitution (‘‘To regulate Commerce New Mexico and Mr. PETERSON.

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H.R. 3030: Mr. JOHNSON of Georgia, Mr. MI- H.R. 4144: Mr. SIRES. H.R. 4851: Mr. MCGOVERN and Ms. WILSON CHAEL F. DOYLE of Pennsylvania, and Mr. H.R. 4152: Mr. KENNEDY. of Florida. SIRES. H.R. 4207: Mr. FASO. H.R. 4888: Ms. SCHAKOWSKY. H.R. 3174: Mr. RYAN of Ohio and Ms. H.R. 4229: Mr. CARTER of Georgia and Mr. H.R. 4903: Mr. MACARTHUR. SINEMA. KUSTOFF of Tennessee. H.R. 4906: Mr. DESAULNIER. H.R. 3199: Mr. CARSON of Indiana. H.R. 4240: Mr. KEATING. H.R. 4910: Mr. DUNN and Mr. DESJARLAIS. H.R. 3222: Ms. BASS and Mr. JOHNSON of H.R. 4253: Mr. KHANNA. H.R. 4916: Mr. ESTES of Kansas, Mr. GOSAR, Georgia. H.R. 4256: Mr. LATTA and Mr. WITTMAN. Mrs. WAGNER, and Mr. BIGGS. H.R. 3255: Mr. BRADY of Pennsylvania. H.R. 4260: Ms. ESTY of Connecticut. H.R. 4921: Mr. FASO. H.R. 3282: Mr. WITTMAN. H.R. 4268: Mr. KRISHNAMOORTHI and Mr. H.R. 4929: Mrs. BROOKS of Indiana, Ms. H.R. 3301: Mr. GAETZ, Mr. JOHNSON of Lou- BLUMENAUER. KUSTER of New Hampshire, and Miss RICE of isiana, and Ms. SLAUGHTER. H.R. 4311: Mr. JODY B. HICE of Georgia. New York. H.R. 3349: Mr. LIPINSKI and Mr. GUTIE´ RREZ. H.R. 4312: Mr. GROTHMAN and Mr. ISSA. H.R. 4940: Mrs. MURPHY of Florida. H.R. 3459: Ms. LOFGREN. H.R. 4316: Ms. KUSTER of New Hampshire. H.R. 4944: Mr. CROWLEY, Ms. SEWELL of H.R. 3497: Ms. LOFGREN. H.R. 4345: Ms. LOFGREN, Mrs. WALORSKI, Alabama, and Mr. O’ROURKE. H.R. 3574: Mr. POCAN, Mr. TAKANO, Ms. LEE, Ms. LEE, Mr. COFFMAN, Ms. GABBARD, Mr. H.R. 4949: Mr. DEUTCH, Mr. ESPAILLAT, Mr. Mr. LOWENTHAL, Mr. FOSTER, Ms. NORTON, SERRANO, and Mr. VELA. RYAN of Ohio, and Mr. TAYLOR. Miss RICE of New York, Ms. SCHAKOWSKY, H.R. 4424: Mr. WALZ. H.R. 4980: Mr. ELLISON, Ms. JAYAPAL, Mr. Mr. SERRANO, Ms. SLAUGHTER, Ms. SPEIER, H.R. 4439: Mr. PITTENGER and Mr. SIRES. MOULTON, Mr. RUSH, and Mr. DANNY K. DAVIS Mr. SWALWELL of California, and Mr. TONKO. H.R. 4444: Ms. DELAURO, Mr. SARBANES, Mr. of Illinois. YOUNG of Alaska, Mr. MACARTHUR, and Mr. H.R. 3600: Mr. ABRAHAM. H.R. 4999: Mr. MCGOVERN and Mr. KHANNA. SCHIFF. H.R. 3635: Mr. KUSTOFF of Tennessee. H.R. 5005: Mrs. DEMINGS. H.R. 4549: Mr. WILSON of South Carolina H.R. 3642: Mrs. LOVE and Mr. ISSA. H. Con. Res. 10: Mr. BABIN. and Mr. GARRETT. H.R. 3654: Mr. BROWN of Maryland, Ms. H. Res. 31: Mr. GIBBS and Mr. BROWN of CLARK of Massachusetts, Ms. SPEIER, Ms. H.R. 4563: Mr. FLEISCHMANN. Maryland. H.R. 4633: Mr. JODY B. HICE of Georgia. SLAUGHTER, and Mr. HECK. H. Res. 129: Mr. ABRAHAM. H.R. 3681: Mr. COFFMAN, Mr. BACON, and H.R. 4657: Mr. WELCH and Mr. JOHNSON of H. Res. 466: Mr. LOEBSACK. Mr. CARBAJAL. Georgia. H. Res. 632: Mr. CHABOT. H.R. 3712: Ms. SHEA-PORTER. H.R. 4660: Mr. GROTHMAN. H. Res. 661: Mr. ESPAILLAT. H.R. 3714: Mrs. WATSON COLEMAN. H.R. 4682: Mr. YOUNG of Iowa. H. Res. 673: Ms. LOFGREN. H.R. 3738: Ms. CLARKE of New York. H.R. 4706: Mr. JOHNSON of Louisiana. H. Res. 720: Mr. KELLY of Mississippi, Mr. H.R. 3790: Mr. BRAT. H.R. 4732: Mr. SUOZZI and Mr. OLSON. CLYBURN, Mr. CLAY, Ms. FUDGE, Mr. PAYNE, H.R. 3827: Mr. BRADY of Pennsylvania. H.R. 4734: Miss GONZA´ LEZ-COLO´ N of Puerto and Ms. PLASKETT. H.R. 3842: Ms. CLARKE of New York. Rico. H. Res. 722: Mr. KHANNA, Mr. ESPAILLAT, H.R. 3862: Mrs. WATSON COLEMAN. H.R. 4736: Mr. OLSON. and Mr. VARGAS. H.R. 3887: Mrs. DINGELL and Mr. KHANNA. H.R. 4747: Mr. PITTENGER, Mr. DUNN, Mr. H. Res. 733: Mr. MICHAEL F. DOYLE of Penn- H.R. 3889: Mr. MESSER. LAMALFA, Mr. BANKS of Indiana, Mr. KELLY sylvania. H.R. 3913: Mr. CONNOLLY. of Mississippi, Mr. BLUM, Mr. MOONEY of H.R. 3956: Mr. ROUZER. West Virginia, Ms. SPEIER, and Mr. FLORES. H.R. 3976: Ms. SEWELL of Alabama, Mrs. H.R. 4760: Mr. SCALISE. f LAWRENCE, Mr. ESTES of Kansas, and Mr. H.R. 4763: Mr. SOTO. BROOKS of Alabama. H.R. 4770: Mr. GAETZ, Mr. RUTHERFORD, Mr. , ETC. H.R. 4007: Mr. MOOLENAAR. POSEY, Mr. BUCHANAN, and Mr. YOHO. H.R. 4013: Mr. DELANEY. H.R. 4775: Mr. SOTO and Ms. MATSUI. Under clause 3 of rule XII, H.R. 4062: Miss GONZA´ LEZ-COLO´ N of Puerto H.R. 4809: Mr. ROUZER. 79. The SPEAKER presented a petition of Rico and Mr. JEFFRIES. H.R. 4844: Mr. ROKITA and Mr. GROTHMAN. the Board of Supervisors of Jackson County, H.R. 4099: Mr. ISSA, Ms. ESTY of Con- H.R. 4846: Mr. HIGGINS of New York, Mr. Mississippi, relative to a resolution sup- necticut, and Mr. LOEBSACK. RUPPERSBERGER, Mr. CAPUANO, Mr. CURBELO porting Gulf of Mexico Energy and Revenue H.R. 4107: Mr. DELANEY, Mr. ISSA, and Mr. of Florida, Mr. COHEN, Mr. FITZPATRICK, and Sharing; which was referred to the Com- ROKITA. Mr. LAWSON of Florida. mittee on Natural Resources.

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Vol. 164 WASHINGTON, WEDNESDAY, FEBRUARY 14, 2018 No. 29 Senate The Senate met at 10 a.m. and was appoint the Honorable THOM TILLIS, a Sen- sion. But now that the time has come called to order by the Honorable THOM ator from the State of North Carolina, to to make law instead of just making TILLIS, a Senator from the State of perform the duties of the Chair. points, they are stalling. Why? Why, North Carolina. ORRIN G. HATCH, after months and months spent de- President pro tempore. f manding that the Senate take up this Mr. TILLIS thereupon assumed the issue, do they now object to even start- PRAYER Chair as Acting President pro tempore. ing the debate? Because they know, no The Chaplain, Dr. Barry C. Black, of- f matter how long they spend in closed- fered the following prayer: RESERVATION OF LEADER TIME door negotiations, they can’t change Let us pray. the fact that the President has spelled Almighty God, the fountain of wis- The ACTING PRESIDENT pro tem- out a fair and generous framework that dom, thank You for this season of pen- pore. Under the previous order, the will be necessary to earn his signature. ance and personal reflection. Lord, as leadership time is reserved. These guys can’t take yes for an an- we remember that the last time Ash f swer. So instead of moving to fulfill Wednesday and Valentine’s Day fell on our promises and address the DACA RECOGNITION OF THE MAJORITY the same day—it was 1945—we thank issue, they haven’t even allowed the LEADER You for the many challenging seasons debate to begin. through which You have brought this The ACTING PRESIDENT pro tem- There is a widespread desire in this Nation and world. As we continue to pore. The majority leader is recog- Chamber to find a resolution for the il- depend upon the power of Your pre- nized. legal immigrants who were brought to vailing providence, deliver us from ma- f this country as children—widespread joring in minors. Bless our lawmakers. agreement on that—but common sense As they commit themselves to You, IMMIGRATION dictates that we cannot simply treat make them a voice for the voiceless Mr. MCCONNELL. Mr. President, it is one symptom of our broken immigra- and a help for the helpless. May they now Wednesday morning of the week tion policy in complete isolation. We make it their first priority to fulfill the Senate set aside to debate DACA, must address the underlying problems Your purposes for their lives. border security, interior enforcement, as well. That means fixing broken We pray in Your sacred Name. Amen. and other immigration issues. I prom- parts of our legal immigration system. f ised I would clear the way to debate We must also ensure the safety of the these matters this week, and I have. I PLEDGE OF ALLEGIANCE American people. That is why a DACA promised I would ensure a fair amend- resolution should be paired with new The Presiding Officer led the Pledge ment process in which both sides could security measures at our borders and of Allegiance, as follows: offer legislation for discussion and commonsense steps to improve secu- I pledge allegiance to the Flag of the votes, and I have. Just yesterday, the rity inside our borders, steps like fix- United States of America, and to the Repub- Congressional Hispanic Caucus re- ing the loophole that forces us to re- lic for which it stands, one nation under God, leased a letter thanking me for keeping lease thousands of criminal aliens indivisible, with liberty and justice for all. my commitment and urged the Senate whose home countries won’t take them f to resolve this issue quickly. back, steps like enacting Kate’s Law to APPOINTMENT OF ACTING But we haven’t even been able to get put criminal offenders who repeatedly PRESIDENT PRO TEMPORE started yet. We haven’t even been able and illegally cross our borders behind The PRESIDING OFFICER. The to get started. Yesterday, I tried twice bars, cracking down with stiffer pen- clerk will please read a communication to open the debate and start the vot- alties for human trafficking, and up- to the Senate from the President pro ing. Both times, my Democratic col- dating the removability grounds for leagues objected. I am a little per- drug traffickers, repeat drunk drivers, tempore (Mr. HATCH). The senior assistant legislative clerk plexed, frankly, by the holdup. gang members, sex offenders, and other read the following letter: My Democratic colleagues have spent violent and dangerous criminals. Why months—months, as we all know—de- in the world would those ideas be con- U.S. SENATE, manding that the Senate take up this troversial? PRESIDENT PRO TEMPORE, Washington, DC, February 14, 2018. issue. They even shut down the govern- Keeping Americans safe does not To the Senate: ment—shut down the government un- need to be a partisan issue, and ad- Under the provisions of rule I, paragraph 3, necessarily, I might add—in order to dressing these important safety issues of the Standing Rules of the Senate, I hereby secure this very week for this discus- along with DACA, border security, and

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S929

.

VerDate Sep 11 2014 23:26 Feb 14, 2018 Jkt 079060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.000 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S930 CONGRESSIONAL RECORD — SENATE February 14, 2018 other parts of our broken immigration This is a prime opportunity for bipar- CONCLUSION OF MORNING system is our best chance to produce tisan cooperation. Our last three high- BUSINESS legislation that can pass the House, way bills, our last three WRDA bills, The ACTING PRESIDENT pro tem- pass the Senate, and earn the Presi- and our last three FAA bills all passed pore. Morning business is closed. dent’s signature. This is why the pro- the Senate easily, averaging more than f posal put forward by Senator GRASSLEY 80 votes. I hope we can renew that con- and others, which draws on the Presi- sensus when the time comes. BROADER OPTIONS FOR AMERI- dent’s generous framework and which f CANS ACT—MOTION TO PROCEED the President has officially endorsed, TAX REFORM The ACTING PRESIDENT pro tem- has my support, because presumably pore. Under the previous order, the Mr. MCCONNELL. Mr. President, on we will actually make a law here. Senate will resume consideration of I have made no effort—none—to tell one final matter, for 8 years under President Obama, our economy didn’t the motion to proceed to H.R. 2579, Democrats what amendments they which the clerk will report. should offer. Of course, they shouldn’t perform as well as it should have. America’s wages and salaries hardly The senior assistant legislative clerk try to dictate Republican amendments read as follows: either. grew. Many job creators sat on the sidelines, wary of new tax increases or Motion to proceed to Calendar No. 302, The longer my colleagues across the H.R. 2579, a bill to amend the Internal Rev- aisle refuse to come to the table, the heavy-handed regulations. Washington had its foot on the brake. Last year, all enue Code of 1986 to allow the premium tax longer they are unable to produce any credit with respect to unsubsidized COBRA that changed. continuation coverage. legislation they actually support, the President Trump and this Republican lower the odds that we can arrive at a Congress set out to make life easier for The ACTING PRESIDENT pro tem- legislative solution this week. workers and for job creators. We cut pore. All postcloture time is expired. Yesterday alone, the Senate was open regulations and passed tax reform to The question is on agreeing to the for 9 hours—yesterday alone, 9 hours. give middle-class families immediate motion to proceed. Nine hours we could have spent proc- relief and set the stage for more hiring The motion was agreed to. essing amendments and proceeding to and more wage growth in the years f votes. Nine hours down the drain be- ahead. cause Democrats won’t let us start the BROADER OPTIONS FOR I recently heard from a small family- AMERICANS ACT debate they have spent months de- owned inland river shipyard in Ash- manding. land, KY, along the Ohio River. They The ACTING PRESIDENT pro tem- Now that we can finally proceed to build and repair commercial barges. pore. The clerk will report the bill. consider the underlying bill this morn- Here is what their president wrote. He The senior assistant legislative clerk ing, I hope my colleagues across the said: ‘‘Thanks to the tax change and read as follows: aisle will come to the table. The Presi- optimism of our customers, we are at A bill (H.R. 2579) to amend the Internal dent has made clear what principles long last able to replace equipment Revenue Code of 1986 to allow the premium must be addressed if we are going to which has been used way past [its] life tax credit with respect to unsubsidized make a law instead of merely making expectancy and possibly add two more COBRA continuation coverage. political points. production workers.’’ The ACTING PRESIDENT pro tem- While our Democratic colleagues can Last week a Louisville employer pore. The Senator from Iowa. no longer prevent the Senate from dropped by to tell me how he is using AMENDMENT NO. 1959 starting the debate, they can continue his tax reform savings: $1,000 bonuses (Purpose: In the nature of a substitute.) to delay votes on amendments. I hope for more than 100 Kentucky employees. Mr. GRASSLEY. Mr. President, I call Small companies and big business that won’t happen. up amendment No. 1959. alike are thrilled that they finally f The ACTING PRESIDENT pro tem- have a 21st-century tax code. It makes INFRASTRUCTURE them more competitive with overseas pore. The clerk will report. The senior assistant legislative clerk Mr. MCCONNELL. Mr. President, on rivals and frees up more money to in- read as follows: Monday, President Trump unveiled his vest right here at home, and middle- proposal to improve America’s infra- class workers are reaping the rewards. The Senator from Iowa [Mr. GRASSLEY] proposes an amendment numbered 1959. structure. Today he will host com- Major national companies like Pfizer mittee chairmen and ranking members and Home Depot, which together em- Mr. GRASSLEY. Mr. President, I ask at the White House for a bipartisan, bi- ploy more than half a million Ameri- unanimous consent that the reading of cameral meeting on that subject. I am cans, have announced hundreds of mil- the amendment be dispensed with. grateful the President is prioritizing lions of dollars in employee bonuses— The ACTING PRESIDENT pro tem- this and reaching across the aisle. again, thanks to tax reform. pore. Without objection, it is so or- Experts agree that America’s aging Just this week, MetLife announced a dered. infrastructure needs a lot of help. Na- major new investment in 50,000-plus (The amendment is printed in today’s tionwide, 9.1 percent of our bridges are employees. The company is raising its RECORD under ‘‘Text of Amendments.’’) considered structurally deficient, and minimum wage, enhancing benefits, The ACTING PRESIDENT pro tem- 13.6 percent are considered functionally boosting retirement contributions, and pore. The majority leader. obsolete. One recent study suggests creating a skills development fund. In AMENDMENT NO. 1948 TO AMENDMENT NO. 1959 short, MetLife is betting big on U.S. that road congestion costs us $160 bil- Mr. MCCONNELL. Mr. President, I workers, and so are the more than 300 lion a year—for road congestion. The call up the Toomey amendment No. other companies that have already an- answer is not simply to throw new 1948 to the Grassley amendment No. nounced major investments in their money at old problems. 1959. employees and in their facilities—right It took American workers less time The ACTING PRESIDENT pro tem- here in America, right here, thanks to to build great skyscrapers, start to fin- pore. The clerk will report. historic tax reform. The senior assistant legislative clerk ish, than it now takes bureaucrats to I suggest the absence of a quorum. review—not even build, but review— The ACTING PRESIDENT pro tem- read as follows: proposals for new bridges and road- pore. The clerk will call the roll. The Senator from Kentucky [Mr. MCCON- ways. We need to streamline regula- The senior assistant legislative clerk NELL], for Mr. TOOMEY, proposes an amend- tions, reform the permitting process, proceeded to call the roll. ment numbered 1948 to amendment No. 1959. and get government out of the way Mr. MCCONNELL. Mr. President, I Mr. MCCONNELL. I ask unanimous wherever possible. Once projects are ask unanimous consent that the order consent that the reading of the amend- proposed, they should be reviewed in a for the quorum call be rescinded. ment be dispensed with. safe but reasonable amount of time and The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- then completed as quickly and cost ef- pore. Without objection, it is so or- pore. Without objection, it is so or- fectively as possible. dered. dered.

VerDate Sep 11 2014 23:26 Feb 14, 2018 Jkt 079060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G14FE6.002 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S931 The amendment is as follows: (2) EXCEPTION.—A State or political sub- unit of general local government that is a (Purpose: To ensure that State and local law division of a State shall not be deemed a sanctuary jurisdiction. enforcement may cooperate with Federal sanctuary jurisdiction based solely on its ‘‘(2) RETURNED AMOUNTS.— officials to protect our communities from having a policy whereby its officials will not ‘‘(A) STATE.—If a State is a sanctuary ju- violent criminals and suspected terrorists share information regarding, or comply with risdiction during the period for which it re- who are illegally present in the United a request made by the Department of Home- ceives amounts under this title, the Sec- States) land Security under section 236 or 287 of the retary— Immigration and Nationality Act (8 U.S.C. ‘‘(i) shall direct the State to immediately At the appropriate place, insert the fol- 1226 and 1357) to comply with a detainer re- return to the Secretary any such amounts lowing: garding, an individual who comes forward as that the State received for that period; and SEC. ll. STOP DANGEROUS SANCTUARY CITIES a victim or a witness to a criminal offense. ‘‘(ii) shall reallocate amounts returned ACT. (d) SANCTUARY JURISDICTIONS INELIGIBLE under clause (i) for grants under this title to (a) SHORT TITLE.—This section may be FOR CERTAIN FEDERAL FUNDS.— other States that are not sanctuary jurisdic- cited as the ‘‘Stop Dangerous Sanctuary Cit- (1) ECONOMIC DEVELOPMENT ADMINISTRATION tions. ies Act’’. GRANTS.— ‘‘(B) UNIT OF GENERAL LOCAL GOVERN- (b) ENSURING THAT LOCAL AND FEDERAL (A) GRANTS FOR PUBLIC WORKS AND ECO- MENT.—If a unit of general local government LAW ENFORCEMENT OFFICERS MAY COOPERATE NOMIC DEVELOPMENT.—Section 201(b) of the is a sanctuary jurisdiction during the period TO SAFEGUARD OUR COMMUNITIES.— Public Works and Economic Development for which it receives amounts under this (1) AUTHORITY TO COOPERATE WITH FEDERAL Act of 1965 (42 U.S.C. 3141(b)) is amended— title, any such amounts that the unit of gen- OFFICIALS.—A State, a political subdivision (i) in paragraph (2), by striking ‘‘and’’ at of a State, or an officer, employee, or agent eral local government received for that pe- the end; riod— of such State or political subdivision that (ii) in paragraph (3)(B), by striking the pe- complies with a detainer issued by the De- ‘‘(i) in the case of a unit of general local riod at the end and inserting ‘‘; and’’; and government that is not in a nonentitlement partment of Homeland Security under sec- (iii) by adding at the end the following: tion 236 or 287 of the Immigration and Na- area, shall be returned to the Secretary for ‘‘(4) the area in which the project is to be grants under this title to States and other tionality Act (8 U.S.C. 1226 and 1357)— carried out is not a sanctuary jurisdiction (A) shall be deemed to be acting as an units of general local government that are (as defined in subsection (c) of the Stop Dan- not sanctuary jurisdictions; and agent of the Department of Homeland Secu- gerous Sanctuary Cities Act).’’. rity; and ‘‘(ii) in the case of a unit of general local (B) GRANTS FOR PLANNING AND ADMINISTRA- government that is in a nonentitlement (B) with regard to actions taken to comply TION.—Section 203(a) of the Public Works and with the detainer, shall have all authority area, shall be returned to the Governor of Economic Development Act of 1965 (42 U.S.C. the State for grants under this title to other available to officers and employees of the 3143(a)) is amended by adding at the end the Department of Homeland Security. units of general local government in the following: ‘‘A sanctuary jurisdiction (as de- State that are not sanctuary jurisdictions. (2) LEGAL PROCEEDINGS.—In any legal pro- fined in subsection (c) of the Stop Dangerous ‘‘(C) REALLOCATION RULES.—In reallocating ceeding brought against a State, a political Sanctuary Cities Act) may not be deemed an subdivision of a State, or an officer, em- amounts under subparagraphs (A) and (B), eligible recipient under this subsection.’’. the Secretary shall— ployee, or agent of such State or political (C) SUPPLEMENTARY GRANTS.—Section subdivision, which challenges the legality of ‘‘(i) apply the relevant allocation formula 205(a) of the Public Works and Economic De- under subsection (b), with all sanctuary ju- the seizure or detention of an individual pur- velopment Act of 1965 (42 U.S.C. 3145(a)) is suant to a detainer issued by the Depart- risdictions excluded; and amended— ‘‘(ii) shall not be subject to the rules for re- ment of Homeland Security under section 236 (i) in paragraph (2), by striking ‘‘and’’ at or 287 of the Immigration and Nationality allocation under subsection (c).’’. the end; (3) EFFECTIVE DATE.—This subsection and Act (8 U.S.C. 1226 and 1357)— (ii) in paragraph (3)(B), by striking the pe- (A) no liability shall against the State the amendments made by this subsection riod at the end and inserting ‘‘; and’’; and shall take effect on October 1, 2018. or political subdivision of a State for actions (iii) by adding at the end the following: taken in compliance with the detainer; and ‘‘(4) will be carried out in an area that does The ACTING PRESIDENT pro tem- (B) if the actions of the officer, employee, not contain a sanctuary jurisdiction (as de- pore. The Democratic leader. or agent of the State or political subdivision fined in subsection (c) of the Stop Dangerous AMENDMENT NO. 1958 were taken in compliance with the de- Sanctuary Cities Act).’’. (Purpose: In the nature of a substitute.) tainer— (D) GRANTS FOR TRAINING, RESEARCH, AND (i) the officer, employee, or agent shall be Mr. SCHUMER. Mr. President, I call TECHNICAL ASSISTANCE.—Section 207 of the up amendment No. 1958 to the language deemed— Public Works and Economic Development (I) to be an employee of the Federal Gov- proposed to be stricken. Act of 1965 (42 U.S.C. 3147) is amended by add- The ACTING PRESIDENT pro tem- ernment and an investigative or law enforce- ing at the end the following: ment officer; and ‘‘(c) INELIGIBILITY OF SANCTUARY JURISDIC- pore. The clerk will report. (II) to have been acting within the scope of TIONS.—Grants funds under this section may The senior assistant legislative clerk his or her employment under section 1346(b) not be used to provide assistance to a sanc- read as follows: and chapter 171 of title 28, United States tuary jurisdiction (as defined in subsection The Senator from New York [Mr. SCHUMER] Code; (c) of the Stop Dangerous Sanctuary Cities proposes an amendment numbered 1958 to (ii) section 1346(b) of title 28, United States Act).’’. the language proposed to be stricken by Code, shall provide the exclusive remedy for (2) COMMUNITY DEVELOPMENT BLOCK amendment No. 1959. the plaintiff; and GRANTS.—Title I of the Housing and Commu- Mr. SCHUMER. Mr. President, I ask (iii) the United States shall be substituted nity Development Act of 1974 (42 U.S.C. 5301 unanimous consent that the reading of as defendant in the proceeding. et seq.) is amended— the amendment be dispensed with. (3) RULE OF CONSTRUCTION.—Nothing in this (A) in section 102(a) (42 U.S.C. 5302(a)), by subsection may be construed to provide im- adding at the end the following: The ACTING PRESIDENT pro tem- munity to any person who knowingly vio- ‘‘(25) The term ‘sanctuary jurisdiction’ has pore. Without objection, it is so or- lates the civil or constitutional rights of an the meaning provided in subsection (c) of the dered. individual. Stop Dangerous Sanctuary Cities Act.’’. (The amendment is printed in today’s (c) SANCTUARY JURISDICTION DEFINED.— (B) in section 104 (42 U.S.C. 5304)— RECORD under ‘‘Text of Amendments.’’) (1) IN GENERAL.—Except as provided under (i) in subsection (b)— The ACTING PRESIDENT pro tem- paragraph (2), for purposes of this section the (I) in paragraph (5), by striking ‘‘and’’ at pore. The Senator from Illinois. term ‘‘sanctuary jurisdiction’’ means any the end; AMENDMENT NO. 1955 TO AMENDMENT NO. 1958 State or political subdivision of a State that (II) by redesignating paragraph (6) as para- (Purpose: To provide relief from removal has in effect a statute, ordinance, policy, or graph (7); and and adjustment of status of certain individ- practice that prohibits or restricts any gov- (III) by inserting after paragraph (5) the uals who are long-term United States resi- ernment entity or official from— following: dents and who entered the United States be- (A) sending, receiving, maintaining, or ex- ‘‘(6) the grantee is not a sanctuary juris- fore reaching the age of 18, improve border changing with any Federal, State, or local diction and will not become a sanctuary ju- security, foster United States engagement in government entity information regarding risdiction during the period for which the Central America, and for other purposes.) the citizenship or immigration status (lawful grantee receives a grant under this title; or unlawful) of any individual; or Mr. DURBIN. Mr. President, I call up and’’. the Coons amendment No. 1955 to the (B) complying with a request lawfully (ii) by adding at the end the following: made by the Department of Homeland Secu- ‘‘(n) PROTECTION OF INDIVIDUALS AGAINST Schumer amendment No. 1958. rity under section 236 or 287 of the Immigra- CRIME.— The ACTING PRESIDENT pro tem- tion and Nationality Act (8 U.S.C. 1226 and ‘‘(1) IN GENERAL.—No funds authorized to pore. The clerk will report. 1357) to comply with a detainer for, or notify be appropriated to carry out this title may The senior assistant legislative clerk about the release of, an individual. be obligated or expended for any State or read as follows:

VerDate Sep 11 2014 04:02 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G14FE6.004 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S932 CONGRESSIONAL RECORD — SENATE February 14, 2018 The Senator from Illinois [Mr. DURBIN], for President Trump has stood in the way works for both parties. If we want to go Mr. COONS, proposes an amendment num- of a bipartisan solution to DACA from beyond border security and the DACA bered 1955 to amendment No. 1958. the very beginning. Let’s take a quick kids, let’s do comprehensive reform. Mr. DURBIN. Mr. President, I ask look at the history. We did it once. It worked pretty well in unanimous consent that the reading of First, it was President Trump who the Senate, but the House blocked it. the amendment be dispensed with. terminated the DACA Program last Let’s go back to it. First, the issues at The ACTING PRESIDENT pro tem- August, not the Democrats and not the hand are the DACA kids and border se- pore. Without objection, it is so or- Republicans here. Unilaterally, we are curity. That is the only thing that can dered. in this pickle—worse than a pickle—in pass this Chamber—the only thing. (The amendment is printed in the this bad situation because President We need to push through to the finish RECORD of Tuesday, February 13, 2018, Trump chose to end the DACA Pro- line. There are only 2 days of debate re- under ‘‘Text of Amendments.’’) gram last August. That stands out maining this week. Everyone has to RECOGNITION OF THE MINORITY LEADER above anything else. make a final effort to reach consensus. The ACTING PRESIDENT pro tem- Then President Trump turned his That doesn’t mean adding new de- pore. The Democratic leader is recog- back on not one but two bipartisan im- mands or drawing lines in the sand. It nized. migration proposals. I went so far as to means being willing to compromise and Mr. SCHUMER. Mr. President, as we put the wall—the President’s signature take yes for an answer. If we pass enter the second day of the debate on campaign issue—on the table for dis- something, it might not be everything immigration, everyone should be fo- cussion. That still did not drive him to that either the Democrats want or ev- cused on finding a bill to protect the a deal. erything that the Republicans want, Dreamers and address border security Finally, now that we are working but it may get the job done for the that can get 60 votes. That is the ball hard in the Senate to come up with a Dreamers and the overwhelming major- game. bipartisan proposal, President Trump ity of Americans who would like to see The majority leader’s desire to vote is just trying to gum up the works. Ac- them stay in the country. on an unrelated, partisan immigration cording to reports, President Trump REPUBLICAN TAX BILL bill—legislation that is not only silent may threaten to veto legislation that Mr. President, on another matter— on Dreamers but is silent on border se- doesn’t match his hard-line demands— taxes—our Republican friends argued curity as well—is not a productive way ‘‘my way or no way’’ and with no that their massive corporate tax cut to begin debate. Democratic input. A statement this was not such a huge giveaway to cor- Let’s get to the crux of the issue. Let morning from the White House said the porate America. They predicted that Republicans offer whatever they want President would oppose even a short- corporations would spend the tax sav- on DACA and border security, and we term bill to protect the Dreamers. ings on benefits for workers. The evi- will do the same. The leader supports So who is intent on kicking out these dence is already mounting that those the proposal by Senator GRASSLEY, people who know no country but Amer- predictions were wrong. Since the pas- which is, essentially, the President’s ica, who work in our factories and of- sage of the Republican tax bill, cor- plan. Let’s vote on that first. We will fices, who go to our schools, who serve porations have been pouring billions of have several bipartisan bills to offer. in our military? Who is intent on kick- dollars into stock repurchasing pro- We should vote on those too. ing them out? It is not the American grams, not into significant wage in- Democrats are focused like a laser on people, as 90 percent want to support creases or other meaningful invest- finding a bipartisan bill that can pass the Dreamers. It is not any Democrat ments in workers. the Senate to protect the Dreamers. and not a good number of Republicans These stock buybacks—this stock re- Several moderate Republicans are on that side of the aisle. It is just the purchasing—which benefit, primarily, working toward that as well. The one President. the people at the top have reached a person who seems most intent on not On three separate occasions, Presi- significant milestone. Since the pas- getting a deal is President Trump. dent Trump has stood in the way of a sage of the Republican tax bill, there President Trump’s contribution to bipartisan solution to DACA—a prob- have been over $100 billion in stock this debate has been to put forward a lem he created in the first place. Yet buybacks. As of last week, corpora- proposal that contains a vast curtail- the President is in this dream world. tions had announced twice the number ment of legal immigration, far outside He thinks: Oh, I can the Demo- of corporate share buybacks as during the scope of DACA and border security, crats for the impasse. a similar period last year. Let me re- and has demanded that the Democrats As I said, only in a 1984 world where peat that. The number of corporate support it. Instead of making a pro- up is down and black is white could share buybacks has doubled since the posal in good faith or working with this be true. Only in a 1984 world where Republican tax bill passed. Democrats on a compromise, President up is down and black is white would Why is that so significant? Trump is trying to force his unpopular, the American public blame the Demo- It is that share buybacks don’t help hard-line immigration agenda down crats for this. They know where Trump the average worker. They inflate the the throats of the American people by stands. They know it. The American value of a company’s stock, which pri- calling it a DACA bill. people know what is going on. They marily benefits shareholders, not work- The President’s proposal, now the know that this President not only cre- ers. It benefits corporate executives, Grassley bill, is so extreme on legal ated the problem but seems to be who are compensated with corporate immigration that several Republicans against every solution that might pass stock, not workers, who are paid by have been critical of it, including my because it is not 100 percent of what he wages and benefits. The money cor- friends from South Carolina and Ari- wants. porations spend on repurchasing their zona. Yet President Trump somehow If, at the end of this week, we are un- stock is money that is not being rein- thinks that Democrats would be to able to find a bill that can pass—I sin- vested in worker training, equipment, blame for not getting a deal on DACA cerely hope that is not the case, due to research, new hires, or higher salaries. because we didn’t go blindly along with the good efforts of so many people on According to analysts at Morgan his partisan plan—extreme as it is and both sides of the aisle—the responsi- Stanley, companies that were surveyed with no input from Democrats. bility will fall on the President’s shoul- said they will pass only 13 percent of That will not happen. ders and on those in this body who the Trump tax cut savings on to work- Only in a Kafkaesque, 1984 world went along with him. ers in comparison to 43 percent that could the Democrats be blamed for the Bipartisan negotiations are ongoing they will spend on share buybacks. For current predicament on DACA. As and are, perhaps, very close to a con- manufacturers, it is even worse: 9 per- much as the President wants to turn clusion. Nothing is ever certain given cent to go to workers, 47 percent to the world upside down, as much as he the contentious nature of this debate, share buybacks. wants everyone to just accept what he but I am hopeful that Senators can put The Republicans made a conscious is saying, the American people know the President’s hard-line demands to decision to give corporations and the better. Everyone here knows that the side and come up with a deal that wealthiest Americans the lion’s share

VerDate Sep 11 2014 23:26 Feb 14, 2018 Jkt 079060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G14FE6.005 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S933 of the tax cuts and promised it would that lives hang in the balance, and were to be excluded from America in- trickle down to everyone else. Unfortu- they know that overwhelmingly the cluded people from Italy, Eastern Eu- nately, trickle-down never works, and American people want to give DACA rope, Japan, Asia, and Jewish people. it is not what is happening now. Cor- and the Dreamers a chance. The num- That was the immigration policy of the porate America is doing what is best bers come rolling in; 75, 80, 85 percent United States of America because of for corporate America, and working of Americans agree that these young that bill in 1924. That is the last time America is getting left behind. It goes people should be given a chance to earn this Chamber has made such a dra- to show you just who President Trump their way to legal status and citizen- matic cut in legal immigration to and the Republicans were working for ship. Even 60 percent of those who America. It was a source of embarrass- when they crafted their tax bill. They voted for President Trump agree with ment for decades. The United States gave corporations and the wealthiest what I just said. It is a popular polit- established quotas and said: We want Americans a huge tax cut and cut out ical issue on both sides, and it also is America to look a lot different than it everybody else. the right thing to do. would look if other immigrants came I yield the floor. What the President has proposed as to this country. The ACTING PRESIDENT pro tem- his alternative, from my point of view, Thankfully, in 1965, it was changed. pore. The Senator from Illinois. is unacceptable. Let me tell you why. Thankfully, we gave up the quotas that Mr. DURBIN. Mr. President, this is Two weeks ago the White House re- had been criticized roundly as being in- immigration week in the U.S. Senate, leased a one-page framework on immi- sensitive to the of the world and we are preparing today’s proce- gration reform and border security. population and the reality of the popu- dural moves to bring bills to the floor The White House claimed that this is a lation of America. for consideration as early as today, compromise because it includes a path Now the Trump administration perhaps tomorrow at the latest. It is an to citizenship for Dreamers—some of wants to cut legal immigration to the unusual time when the Senate is fo- them. That, of course, as I mentioned, United States again, by 44 percent, the cused on such an issue and actual bi- is supported by a majority of Ameri- biggest cut—as the Cato Institute tells partisan amendments and substitutes cans. The reality is that the Trump us—since that horrible bill was passed are being offered. plan would put the administration’s in 1924. We are at this point at this moment entire hard-line immigration agenda Let me tell you what else the Trump in time because of a decision by Presi- on the backs of these young people. immigration proposal would do. It dent Trump on September 5 of last These young, DACA-protected people would create an unaccountable slush year when he announced he was ending are being held as political hostages for fund of $25 billion of American tax- the DACA Program. DACA was a pro- President Trump’s hard-line immigra- payers’ money for a border wall that, gram created by President Obama by tion agenda. as I remember correctly, Mexico was Executive order, which allowed those For example, the White House wants supposed to pay for—$25 billion. I have who had been brought to the United to dramatically reduce legal immigra- to double check, but I think that is al- States as children, infants, and tod- tion by prohibiting American citizens most the annual appropriation for the dlers to be able to stay legally in the from sponsoring their parents, siblings, National Institutes of Health. The United States on a temporary visa re- and children as immigrants. We are President wants $25 billion and wants newable every 2 years. It was called talking about literally millions of rel- no strings attached. He wants to be DACA, and 780,000 young people atives of American citizens who en- able to spend it where, when, and how stepped up and paid the filing fee of al- tered this system legally and are fol- he wants. That is an invitation for most $500, went through a criminal lowing our immigration laws. Some fraud and waste. It is an invitation for background check and an interview have been waiting for as long as 20 money to be spent for something other and received DACA protection. They years to immigrate to the United than its purpose. It is an invitation for then went on with their lives, with 90 States. taxpayers to be the ultimate losers percent of them going to work or to The conservative Cato Institute says with this slush fund for President school, enlisting in the military—un- the following about President Trump’s Trump’s famous Mexican wall. documented in America, willing to proposal: The President’s proposal on immigra- hold up their hands and take an oath In the most likely scenario, the new plan tion, in the midst of the worst refugee that they would die for America. That [from the Trump administration] would cut crisis on record in the world, is now is how much they love this country. the number of legal immigrants by up to 44 calling for fast-track deportations percent or a half million immigrants annu- without due process of women and chil- Twenty thousand of them went to work ally—the largest policy-driven immigration as school teachers across the United cut since the 1920s. Compared to current law, dren fleeing gang and sexual violence. I States of America. Perhaps they are it would exclude nearly 22 million people can’t tell you how many times we have teaching your children or grand- from the opportunity to immigrate legally had this conversation with members of children today. They are doing impor- to the United States over the next five dec- the Trump administration. They create tant things in this country. But Presi- ades. a scenario. The scenario is of a 6-year- dent Trump announced last September You have to go back in history to a old child who is swooped up in some 5 that the program that protects them time when there was a proposal that Central American country. The parents and allows them to work will end. passed on the floor of this Chamber give thousands of dollars, their life sav- Then he challenged us. He said to the that cut as many legal immigrants to ings, to a smuggler who says: I will get Senate and the House: Do something the United States. The year was 1924. this child to the border of the United about it. Pass a law. Isn’t that what Calvin Coolidge was President of the States. The child is then taken off by you are there for? The President is United States. We had just seen the the smuggler in a car or truck or bus right. That is our job. end of World War I. There was a grow- to the border. The child then comes out This week we are going to try to pass ing fear that because of all of the dam- of the car, is pointed toward one of our a law to end this crisis, which is going age that was done in Europe, Euro- Federal employees with the Border Pa- to reach a head on March 5 of this year peans would come to the United States. trol, and the child walks up and hands when the DACA Program officially There was also a concern that the a piece of paper to the Border Patrol ends and 1,000 young people a day lose wrong people were coming to the agent with the name of someone in the their protection. We have less than 3 United States, in the eyes of some of United States. That process then weeks. So we are going to move today, the Members of Congress. unfolds, and the child ultimately, in I hope, or tomorrow or this week, at The Immigration Act of 1924 passed, many cases, ends up with that relative some point to consider some alter- and it set quotas for countries, and it while a decision is made about the sta- natives to solve this problem. set quotas for people. It was expressly tus of the child. I am sorry to say that there is no designed to exclude certain people from Is there exploitation in this system? plan in the U.S. House of Representa- around the world from entering the You bet there is. Is there abuse in this tives to even address the problem— United States of America. It was a no- system? For sure. Is there actual none. I don’t understand it. They know torious piece of legislation. Those who human trafficking taking place? Yes.

VerDate Sep 11 2014 23:26 Feb 14, 2018 Jkt 079060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G14FE6.006 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S934 CONGRESSIONAL RECORD — SENATE February 14, 2018 Are atrocities committed against these face that same scrutiny, and they country they call home is the United children in the course of this journey? should. Many of them are rejected. States. The only flag they pledge alle- All true. Should we be dedicated to They can’t make the case for their giance to is that of the American flag. cleaning this up? Sign me up, on a bi- lives and what they have done with The only national anthem they know partisan basis. them, and they are not given a chance how to sing is the ‘‘Star-Spangled Ban- Let me tell you another scenario, an- to come. The President wants to elimi- ner.’’ other story that has a different origin nate the diversity visa program. For We are talking about 800,000 young than turning over a child to a smug- those living in sub-Saharan African people who were brought to this coun- gler. Let me tell you about cases we countries, huge countries, about 12,000 try as children and were able to obtain know of in Honduras, El Salvador, and to 15,000 come to the United States legal protection under the Deferred Ac- Guatemala where, because of the ramp- each year through this program. By tion for Childhood Arrivals Program, ant crime, gang activity, and violence eliminating this program, the Trump known as DACA. These kids put enor- that takes place, parents, desperate to administration sadly is going to deny mous faith in our government. They save their children—some of whom those immigrants from Africa even a came out of the shadows, they passed have daughters who have been victims chance to apply for this opportunity. background checks, and they reg- of rape by these gangs—send them to In the past, many Democrats have istered with our government—all to get the United States in the hope that they been willing to support some of the a 2-year renewable work permit and can save their lives. They show up at President’s proposals, changes in our protection from deportation. the border, having lived in fear of this immigration system, eliminating the Even the Cato Institute, which is a violence in their countries, and they diversity visa lottery, but when we conservative think tank, says that de- are accepted into the United States to made that offer 5 years ago, it was part porting Dreamers—91 percent of whom determine whether that fear can be es- of comprehensive immigration reform are gainfully employed—would hurt tablished in a hearing. with give and take and compromise America’s economy. At the same time, These are two different cases—a lit- that tried to make sense out of sense- we are also talking about thousands of tle child being exploited by a smuggler, less immigration laws. additional Dreamers who were eligible a young girl escaping violence and per- In 2013, a Democratic-led Senate for DACA but didn’t apply. Some haps death because her parents have passed a comprehensive immigration couldn’t afford the cost and others nowhere to turn to save her life. reform bill with a strong bipartisan were still working through the lengthy Should we treat them both the same? I vote of 68 to 32. The bill was a product application process. These are the don’t think so. Historically, we have of months of negotiations, with com- Dreamers the White House Chief of said that when it comes to asylum mittee and floor debate. Unfortunately, Staff John Kelly called lazy asses. seekers, who come to this country with the Republican leadership in the House Well, Mr. Kelly, here is what you don’t a credible fear for their own lives, the of Representatives refused to even con- understand: The reason they didn’t United States has given them a chance sider the bill. Now we are being asked apply is not because they were lazy. In to be protected. We have said that over to accept the administration’s proposal fact, in many cases, they didn’t apply and over again. We said it to the Cu- with no conditions, no compromise, no because they were afraid—afraid of bans who were escaping Fidel Castro. give and take; rather, take it or leave people like you. They were afraid that We have said it to the Soviet Jews who it. if they came out of the shadows and wanted to have freedom of and Democrats have shown they want to registered with the government, they came to the United States, believing comprehensively fix our broken immi- would end up on a short list for depor- this was the only chance they had in gration system, but right now we have tation. What is depressing is that this the world. to fix our focus on the DACA crisis cre- administration’s actions have proven The Trump immigration proposal ated by President Trump with his an- them right. Now DACA recipients and does not make a clear distinction on nouncement of September 5. That has undocumented Dreamers alike fear those two cases. In fact, what it does is to be our priority. they have a target on their back, and end up with fast-track deportations In the next day or two, we expect the that is because President Trump put an without due process. Accepting the so-called Grassley proposal, which is expiration date on their dreams when Trump approach will literally return the Trump immigration plan, to come he decided to end DACA. many of these folks who have come to to the floor. I want to say for the Now, let me be clear, DACA was our border to harm and in some cases record, Democrats support comprehen- never perfect, and it was never a re- death. sive immigration reform, but we will placement for truly comprehensive im- There are fast-track deportations in not stand by and allow Dreamers to be migration reform. Make no mistake, the Trump proposal without due proc- held political hostage to the adminis- we still need comprehensive immigra- ess for millions who have overstayed tration’s entire immigration agenda. tion reform, and I am committed as their visas. An estimated 40 percent of I yield the floor. ever to that cause—a cause I have the 11 million undocumented fit in this I suggest the absence of a quorum. spent the better part of my congres- category. So even if they have no The ACTING PRESIDENT pro tem- sional career trying to achieve. I was a criminal record, without considering pore. The clerk will call the roll. member of the Gang of 8 in the Senate their legal claims to remain in the The senior assistant legislative clerk back in 2013 when a bipartisan super- United States, they would be deported. proceeded to call the roll. majority in the Senate passed the most It dramatically cuts immigration from Mr. MENENDEZ. Mr. President, I ask historic reforms to our immigration sub-Saharan African countries. unanimous consent that the order for system since the days of President We have a diversity visa program. It the quorum call be rescinded. Ronald Reagan, only to die in the is far from perfect, but it is a program The ACTING PRESIDENT pro tem- House of Representatives without even that was created years ago, so coun- pore. Without objection, it is so or- a vote, but that debate is for another tries that do not have an opportunity dered. day. That debate is for what President to send people to the United States for Mr. MENENDEZ. Mr. President, I Trump called phase 2. legal immigration would have a come to the floor out of great concern This week, we are not here to debate chance. Immigrants who come from for America’s Dreamers, whose futures comprehensive immigration reform. these countries are limited in number. hinge on the ability of this body to We are not here to debate the numer- They have to go through the back- keep its word and get something done. ous types of visas that exist under U.S. ground checks, criminal background I want to be clear whom we are talking law. We are not here to debate how checks, biometric investigations—all about when we talk about Dreamers. mayors run their cities or how police of the investigations and interviews We aren’t talking about criminals. We officers do their jobs. We are here to that we would expect in order to make aren’t talking about terrorists. We protect Dreamers. We are here to ad- sure we do everything humanly pos- aren’t talking about ‘‘bad hombres.’’ dress a crisis that President Trump sible to cull out those who would be We are talking about kids as American started last September when he ended any danger to the United States. They as apple pie. As I often say, the only DACA. That is what this week’s debate

VerDate Sep 11 2014 23:26 Feb 14, 2018 Jkt 079060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G14FE6.008 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S935 is all about—it is about protecting Dreamers with heart, just as I took my son. I didn’t love them less with hard-working, upstanding Dreamers Leader MCCONNELL at his word when he each passing year. I don’t love them across America from being deported to said this week would be about pro- any less now that they have gotten countries they haven’t stepped foot in tecting them from deportation. married; in fact, I love them more. since they were in diapers. Now, as I listen to many of my Re- So Americans need to know that Now, many of my colleagues have publican colleagues on the Senate when Republicans speak of ending met Dreamers from their States in re- floor, I am hearing less and less about chain migration, they are talking cent years, and they know the lion’s Dreamers and more and more about about ending the legal right of U.S. share of these kids can’t even remem- spending tens of billions of taxpayer citizens to legally sponsor family mem- ber coming here—only growing up here. dollars on a wall President Trump bers in our immigration system. It is For the Dreamers who do remember ar- promised Mexico would pay for. Con- not chain migration; it is family reuni- riving here, they certainly didn’t ar- sidering the Trump administration’s fication. That is what America is all rive through any decision of their own. own report noting that illegal border about. That is what immigration pol- They were babies, toddlers, and very crossings from Mexico have dropped to icy for the past century has been young children, and I challenge my col- their lowest level in nearly 50 years, about—keeping families together, not leagues to think of any decision of con- you have to question the wisdom of a tearing them apart. sequence they made when they were multibillion-dollar wall—a wall be- The reality is, most Americans are, babies, toddlers, and very young chil- tween the United States and a country in some ways, the beneficiary of family dren. I bet you didn’t decide what town that serves as our second largest ex- reunification. Without it, our country you lived in, where your parents port market in the world for American would be a very different place. End worked, or what kind of status you goods and services, as Mexican con- family reunification, and we would had. sumers and businesses buy American never have seen the leadership of indi- When we talk about Dreamers, we goods and services that support jobs viduals like Colin Powell, a general are talking about kids who have grown created here at home. and Secretary of State. That is right. up American in every sense of the Likewise, I am hearing a whole lot His parents wouldn’t have been able to word. We are talking about 22,000 New about politically loaded terms like come here without the big bad chain Jerseyans like Parthiv Patel, who ‘‘merit-based immigration’’ and ‘‘chain migration that my colleagues in the came to New Jersey from India when migration.’’ These aren’t terms you majority decry today. he was 5 years old. He gained DACA find in our laws. They are political End family reunification and sud- status in 2012. He graduated from catchphrases designed to incite fear denly billion-dollar American tech- Drexel Law School in 2016, and he be- and push policies that forever change nology companies like Kingston Tech- came the first Dreamer admitted to the how legal immigration works in the nology would have never existed. Be- New Jersey Bar in 2018. United States. The more insidious, of fore John Tu was a billion-dollar busi- We are also talking about students course, is the term ‘‘chain migration.’’ nessman, he was a self-described medi- like Christopher Rios Martine, a con- I am appalled when I hear my col- ocre student from China. He would stituent of mine who came here from leagues talking about chain migration, have never come to America if it were Colombia at the age of 2. Today he is a just like I am appalled that the not for the sponsorship of his U.S. cit- junior at Rutgers University with a 3.74 media—even the so-called liberal izen sister. He wasn’t skilled when he GPA. He is president of the Manage- media—has adopted this phrase as if it got here, and yet he built a ment Information Systems Associa- is actually a legitimate term, and I groundbreaking company. tion, and he is interning at Colgate- can’t be the only one who thinks the So let’s get real. When President Palmolive. Christopher said: ‘‘I am term ‘‘chain migration’’ is downright Trump professes his support for merit- proud to be a DACA recipient and I insulting to the millions of Americans based immigration, he doesn’t have a plan on contributing as much to this whose ancestors were actually brought real plan for allowing a million engi- country as I possibly can.’’ to this country in chains. neers and inventors from around the As another Dreamer from New Jer- Now, I have heard a lot about family world to come to the United States. He sey, Sara Mora, recently wrote: With- values from my Republican colleagues is talking about cutting legal immigra- out DACA her life has become ‘‘one big throughout my time in Congress. The tion by nearly 50 percent. That is a pol- question mark’’—the question of Republican Party has long claimed to icy with disastrous implications for the whether this Congress will act. Will we be the party of so-called family values. future of this country when you con- protect Dreamers who have become in- Well, ‘‘chain migration’’ is a term that sider basic economic facts. tegral to our communities, many who dehumanizes families. When we want Any credible economist will tell you are teaching in our schools, who are to dehumanize something, we create an that without steady immigration, treating our patients, who are serving inanimate object, but this chain is America’s global competitiveness will proudly in the military of the United about a mother and a father and a son suffer, and we will fall far behind much States—many are wearing the uniform and a daughter. It is not an inanimate larger countries like China, Pakistan, of the United States, risking their lives object, but it is a dehumanizing term. and India. According to a Forbes maga- on behalf of our country, and yet we It is a term designed to make our zine article, even President Donald talk about deporting them—and many system of legal immigration and fam- Trump is a product of chain migration. who are starting families of their own? ily reunification sound threatening and That is right. Friedrich Trump, Donald That is right. Nearly one-quarter of illogical, but there is nothing threat- Trump’s grandfather, was able to come DACA recipients are the parents of ening about uniting mothers and fa- to the United States from Germany, U.S.-born American children. thers, and there is nothing more com- with no English-speaking ability and That is whom we are talking about mon sense than uniting brothers and no merit-based skills. Why? Because this week. We are not talking about sisters and sons and daughters. They his sister was already in the United criminals. We are not talking about are not linked by chains. They are States and claimed him as part of fam- terrorists. We are not talking about bound by blood and held together by ily reunification. You get to be Presi- gangbangers or drug dealers. We are love. dent of the United States because of talking about Dreamers. They are not Families are the essence of American chain migration. undocumented immigrants, from my values in our society. Families are the If Republicans were being honest, perspective; they are undocumented glue that builds strong communities— they would call their term of ‘‘chain Americans who have proven themselves the foundation of our country. Yet migration’’ what it really is. They worthy of the American dream. Yet the some of my Republican colleagues act would call it family reunification, but administration slapped an arbitrary ex- as if the nuclear family is a concept they don’t want to call it family reuni- piration date on their dream, creating that has an expiration date. Well, I fication because they don’t want to a crisis that Congress needs to solve. loved my daughter since the day she own up to their intention, which is to I took President Trump at his word was born and the day she turned 21 and strip U.S. citizens of the right to spon- when he said he wanted to treat the day she turned 30, the same as I do sor their brothers and sisters, mothers

VerDate Sep 11 2014 23:26 Feb 14, 2018 Jkt 079060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G14FE6.009 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S936 CONGRESSIONAL RECORD — SENATE February 14, 2018 and fathers, and adult children as im- our future is brighter when Dreamers the way they do it today, because it is migrants. in this country stay right where they using technology to be able to search I ask my colleagues to please give it belong. more vehicles to make sure our home- a rest. If you want to have a debate I yield the floor. land is safe. about the merits of our immigration The PRESIDING OFFICER (Mr. SUL- It is also a plan that shows more system, we can have that debate, but LIVAN). The Senator from North Caro- compassion than President Obama’s that debate over comprehensive immi- lina. DACA plan. Right now, they are say- gration reform is not the debate we VALENTINE’S DAY ing: Let’s keep DACA going. Well, should have this week. This debate is Mr. TILLIS. Mr. President, in a mo- there are 690,000 people who are in about whether we will do right by ment, I am going to talk about the im- DACA. Their future is uncertain be- American Dreamers, about whether we migration debate we are going to have cause it is an Executive order. It will listen to the voices of the Amer- here. doesn’t have the force of law. It could ican people who overwhelmingly want Before I do that, though, I want to possibly be challenged by the court. us to solve this crisis. recognize that this is Valentine’s Day. The President decided on September 15 According to the latest polls out this I happen to be several hundred miles of last year, Congress do your job. You week from Quinnipiac University, 81 away from my sweetheart, but I want have been talking about immigration percent of Americans support giving to wish my wife a happy Valentine’s reform for two decades. We have an ar- Dreamers a path to citizenship. Yet, Day. I made her a little card. I am sure guably illegal Executive order by week after week, month after month, I probably just violated a rule, but I President Obama that President Trump Dreamers have languished in uncer- don’t think anybody can fire me. I kept in place for about a year, and then tainty. Republicans didn’t let us pro- want my wife to know I love her and he said: I am going to give you all 6 tect them in September or October or wish I was with her. months to do your job and come up November or December or January. Now, Mr. President, I want to talk a with something that has enduring Yet, throughout all this time wasted, I little about immigration reform. We value. hear my colleagues in the majority say just heard a discussion. I tell you, The DACA proposal only provided the such nice things about Dreamers—how sometimes I think I teleport from this illegally present persons who came to talented they are, how hopeful they Chamber to the Kennedy Center be- this country—through the decisions of are, how important they are. cause there are more theatrics going an adult—some certainty that they I say to them today that it is getting on here than you can find down there wouldn’t be deported. It doesn’t give harder and harder to take your com- on any given day. them any certainty in terms of a path mitment to Dreamers seriously when, Let me give you one example of that. to citizenship. People said the Presi- at every opportunity you have to do The whole indignant position that the dent has a hard-line plan. DACA allows something, you do nothing. Instead, it Member from New Jersey just had on 690,000 people who signed up for it to be is beginning to look like President ‘‘chain migration’’ and somehow that here and, hopefully, not have that deci- Trump—the person responsible for end- mean Republicans came up with this sion thrown out by the courts or have ing DACA—has enablers in Congress term because we wanted to make a the President rescind it. who have been intent on deporting point. Demographers came up with this What we just heard from three or Dreamers from day one. If that is not term decades ago. People on the other four Members on the other side of the the case, now is the time to prove it be- side of the aisle even have references to aisle is that the President’s hard-line cause March 5 is just around the cor- chain migration in bills they proposed. plan is to have nearly three times as ner. Come March, America’s Dreamers End the theatrics. Solve this problem. many people with a path to citizenship, will see their dreams extinguished, re- Let’s talk about the President’s not a piece of paper that hopefully will placed with deportation orders to na- framework. I was presiding just before be in place for the time you spend in tions they have never called home. So I got up here. I heard the word ‘‘hard- the United States but citizenship. So far, there are 19,000 already out of sta- line’’ used—the hard-line demand of the President’s hard-line plan actually tus, and after March 5, there will be President Trump. I don’t agree with ev- legalizes about two and a half times as 1,000 a day. erything President Trump has done. In many people, not to just let them be If my colleagues want to have a de- fact, I said a year and a half ago—and here present, to have legal status but bate about comprehensive immigration I got criticized for it—that when you have a path to citizenship. That is reform, we can have that debate some sit down and talk border patrol and hard-line? other time but not today, not this talk homeland security, you are going I am not sure the President was there week, not until we protect Dreamers to find out you don’t need a large, when he was running for office, but he living in fear of deportation due to monolithic wall from the Pacific Ocean listened. He recognizes he wants to be President Trump’s reckless decisions— to the Gulf of Mexico. the President who gets something a President who once said about After the President was elected and done, and he is willing to accept the Dreamers that ‘‘we’re going to work after he got into office, he listened to criticism from people on my side of the something out that is going to make homeland security and border patrol, aisle who may not support a path to people happy and proud.’’ Well, the and he came up with a plan that isn’t citizenship. I do, and the President polls show deporting Dreamers will not a long, monolithic wall across the does. make Americans happy and proud. southern border. It is a strategic plan I find it remarkable that somebody The time for talk is over. The time that actually lets us improve the secu- would say a President, who has en- for kind words is over. The time for ex- rity of the homeland along the north- dorsed a bill to provide a path to citi- cuses is over. So, this week, Congress ern and southern borders. It is a plan zenship to 1.8 million people—two and needs to take action. It is time we let that tries to confiscate tons of drugs a half times more than President America see who stands with Dreamers that are poisoning Americans in the Obama provided a temporary and pass- and who is complicit in their potential tens of thousands of every year. It is a ing status to—is hard-line. deportation. These young men and plan that makes sure gang members Border security. Why is border secu- women have shown incredible courage are more likely to be incarcerated rity important? Is it just purely a and strength in the face of adversity when they cross the border illegally hard-line deportation force sending and uncertainty. They were handed a and less likely to go into the very com- people out? No. I already talked about, crisis, and they created a movement. munities that many of the people who No. 1, hundreds of millions of doses of They shared their stories and their immigrate to this country go into. It is heroin, fentanyl, and other illicit drugs dreams, and, in doing so, they have a plan to make those communities come across our border every year. We captured the hearts of the American safer. simply do not have the people, tech- people. It is a plan to make sure we know the nology, and infrastructure to interdict I urge my colleagues in the Senate thousands of people that cross the bor- them. Of the $25 billion, about $18 bil- not to break America’s heart because der illegally are not carrying illicit lion of it would be spent for border se- our hearts are bigger as a country and drugs in a truck or car or a wheel well, curity. About 10 percent to 15 percent

VerDate Sep 11 2014 23:26 Feb 14, 2018 Jkt 079060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G14FE6.011 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S937 of that is on the northern border. The The diversity lottery is also some- back of their diploma—how many remainder is on the southern border. thing, I think, people have been misled times have we heard that?—because we Some of that will be spent on wall or they are trying to mislead you. I need high-end workers. We need weld- structures. will leave it to you to decide. The di- ers. We need carpenters. We need When all is said and done, less than versity lottery is not ending. This ac- plumbers. We need people to come to half of the 2,300 miles will have a wall tually comes up with a reasonable way this country to fill jobs, or at some structure. The rest will be spent on to use those 50,000 green cards in a way point, our economic growth is going to training additional personnel. If you that lets us draw down the backlog be limited by the number of resources have ever gone to a border crossing, sooner—instead of having somebody we have for those jobs. Our unemploy- you know the long lines they have wait 17 years or 20 years to get into the ment is going down. The demand for there. This is actually creating tech- country, maybe 8 or 9, but then it is the workers is there. But we have an nology that has low-intensity x rays also with a focus on the underrep- immigration system where about where you could drive a vehicle resented countries. There are many three-fourths of everybody who comes through. The Border Patrol folks can countries in Africa—about 15,000—that to this country comes purely because identify human smugglers, human traf- we would like to make sure they have of a family relationship. I bet that if fickers, and drug smugglers without an opportunity every year to come to we dig into it, many of them actually ever having the person get out of the this country. They are from an under- could qualify on the basis of merit, but car. That is what the border security represented country. We have already right now, it is just a random selection plan is focused on as well. There are made proposals that said we are open that doesn’t really tie to our needs as wall structures where they make sense. to other proposals to make that be a a nation and for our economic growth They don’t make sense along about part of how the diversity lottery gets or for our economic security. half of the border. I believe that if we get the immigra- Let me tell you about the humani- settled. So 50,000 will continue to come. When we say we are ending the diver- tion policy right, over the next 10 tarian case for this, which I find re- years, we will be building a case to sity lottery, we are not saying we will markable no one on the other side of have more legal immigration here, end the entry of 50,000 people; we are the aisle will bring up. I went to Texas more than the 1 million or 1.1 million, last year. I went along the southern talking about modernizing it. The last time we did any major im- but if we don’t fix this, we are not border. I was on the Rio Grande, on the going to fix the underlying problem Border Patrol boats, on horseback, and migration bill, I was 5 years old. I think it is about time to look at how with our immigration system. at night I took ATVs around. I heard a I actually didn’t plan on speaking. I the world has changed and maybe open lot of stories by a lot of people, includ- just grabbed a couple of these slides so your eyes and open your hearts to a ing property owners. Over the last 20 that I could talk about it. But it is better way to do it that benefits the years, 10,000 people have died trying to very important to me for us to—I don’t person trying to come to this country cross our border on U.S. soil. We have like being a part of an organization no earthly idea how many tens of thou- and benefits our country as a result of that talks a lot and doesn’t get any- sands of people die just trying to get their entry. I think it can be a win-win. thing done, and over the last 17 years, The last thing on chain migration is, there. So 10,000 people died over the that is all these folks have been doing. I want to go back and find everybody last 20 years because we didn’t know They say: Reelect me. I promise you who voted for bills in the past, and where they were. They were on Amer- that next year, I will get immigration they voted for a bill with legislative ican soil, but we didn’t know where reform done. Next year, I will file the language in it that referred to chain they were. About 1,000 of them were Dream Act, and we will get it done. children. If that is not a case for need- migration. I am sick of that kind of Well, guess what. It hasn’t gotten ing to know who is crossing the border garbage on the Senate floor. That is done under a Republican administra- and where they are—even if they may just misleading. Chain migration is tion. President Bush was sympathetic get deported if they don’t have a legiti- just a process that has been used in the to this issue. He couldn’t get it done. mate claim to asylum but have this past—not only by our country but Congress couldn’t get it done. threat to their safety—then I don’t other countries—to kind of link people President Obama comes in and says: know what else is. I don’t see how bor- together. I am going to fix immigration. Presi- der security is hard-line when you look I am absolutely sympathetic with dent Obama had the votes to pass at the facts—not the theater but the some of the things the gentleman from ObamaCare. There was a time in this facts. New Jersey said, but to say that this is Chamber when not a single Republican I think that second pillar of the some hateful, divisive term is not pay- vote was necessary to pass a bill out of President’s proposal is balanced. It is ing a whole lot of attention to your here, right? So if you don’t need a sin- less than what he originally wanted, job. I have only been here 3 years. gle Republican vote in Congress, on the but it makes sense, and it shows a lot Many of these people who are here House or the Senate side, why didn’t of movement on his part. Again, two voted for language that had chain mi- you get it done? Because I don’t think and a half times the number of people gration in it, and now they are saying you have taken the time to construct are actually getting a path to citizen- it is something the hateful folks in our something that makes sense, that is ship—more than the DACA Executive departments created to be compassionate, that is responsible, and order proposed—and it has border secu- divisive. That is just untrue. that will have the enduring value of rity that makes sense and is no longer Now the last thing. When we are law. So now is the time to get it done, this idea of a monolithic wall. talking about legal immigration in and the only way we are going to get it We heard somebody say there is a this country—we immigrate about 1 done is with bipartisan cooperation. dramatic cut to legal immigration; million to 1.1 million people a year to If you don’t like some of the ele- that the promise we made to everybody this country. I don’t have a problem ments of the President’s framework who is in line because of a family rela- with that number. If I had Members on and you set a hammer to it, fold your tionship is going to be broken. That is the other side of the aisle, some of my hands, and say: If you will not vote on utter nonsense. There is no proposal colleagues, say, ‘‘Thom, we want to try mine, I will not vote on yours—look at like that on the table. The fact is, to maintain that same amount of im- this and tell us how we can improve it. there are about 3.9 million people in migration over time,’’ I would say that Tell us what we need to do to get a the backlog who, if the President’s pro- I am open to it. Some of my colleagues vote. Tell us what we can do to mod- posal is accepted, will get to this coun- I have worked with on this bill may erate this. To call this a hardline bill is try in half the time it takes today. not be. But the way we go about doing absurd. It is theatrics. It is the kind of There are about 3.9 million people it needs to be modernized. stuff that has prevented us from get- waiting to come to this country be- How many times have I heard that ting things done for the last 17 years. cause of a family relationship who we when we have a foreign national here I hope people will have an honest dis- have proposed—that the President has who graduates with an engineering de- cussion and debate. I hope people will proposed—should be able to get here gree or some degree in STEM, that we come down here, offer all the amend- sooner. should just staple a green card to the ments they want to, and I hope they

VerDate Sep 11 2014 23:26 Feb 14, 2018 Jkt 079060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G14FE6.012 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S938 CONGRESSIONAL RECORD — SENATE February 14, 2018 will be mature enough, if they fail, to My maternal grandparents emigrated tling the disease. Every one of us in move on to the next one because I, for from Italy, began a business, hired a this Chamber knows somebody who has one, want to provide certainty to the lot of people, and were pillars of the suffered from and battled cancer, and DACA population. community. My wife’s parents emi- many have died. I say to the Presiding Officer, you grated from French-speaking Canada But only after he enrolled in DACA know better than I because you are in and also owned a business. She was was Dr. Conde able to attend medical the Marine Reserves. There are 900 peo- born in Vermont. Yesterday, we buried school, and he is currently doing that. ple serving in the military today—that my wife’s uncle, an immigrant from He is studying oncology at the Univer- is more than a battalion, right? We Canada who started off as an $8-a-week sity of Vermont’s Larner College of have more than 900 DACA recipients clerk at a shoe store. He was buried Medicine. Dr. Conde hopes to spend his serving in the military. I want to file with honors at the age of 100 yesterday, life in the United States treating can- this bill. I want to get this bill to the and people talked about the $20 million cer patients and researching to find a President’s desk and say to them: Wel- or $30 million he has given to philan- cure for the disease. This Vermonter— come to this country. Thank you for thropic causes in Vermont—this $8-a- and I think all Americans would your service. I can’t wait to go to your week immigrant clerk at a shoe store. agree—believes that America is a bet- ceremony where you swear the oath as I think sometimes we forget who we ter place with Dr. Conde in it. an American citizen. are. In the late 1800s we passed laws ex- There are hundreds of thousands of That is what we can do this week. cluding Chinese immigrants. During Dreamers just like Dr. Conde, all with But I guarantee you, anybody who sits World War II, we turned away Jewish the potential to contribute to our com- here and says that the President’s pro- refugees fleeing the Holocaust—turned munities and to our country. To deny posal is unfair and insincere and them away at the shores of our coun- them these opportunities because they hardline is playing politics. It makes try—and many went back to die in the were brought here as children would be me wonder if some of them would just gas chambers. We know today that as senseless as it is cruel. as soon have this be the ‘‘if you elect these were tragic mistakes, fueled by We are better than that. And this week, we have an opportunity to prove me next year, I promise I will fix this our own ill-informed, xenophobic rhet- it. I am proud of those in the Senate, problem’’ campaign speech versus take oric. Mistakes were made, but they both Democrats and Republicans, who this off the table, provide them cer- must never be repeated. tainty, and do something different for Yet now, in 2018, I am concerned that are engaged in good-faith negotiations a change. we are hearing echoes of past mistakes. over proposals to protect our Dreamers Finally, I started by wishing my wife Anti-immigrant voices, armed with the and improve our border security. I sin- a happy Valentine’s Day. When I get same shameful fearmongering, are at- cerely believe that we can find a path into these speeches—I worked in busi- tempting a comeback in our country. to 60 votes, and I hope the Republican leadership will let us. ness most of my career. I haven’t been In recent months, Dreamers have been The Majority Leader’s decision yes- in politics very long. I get very frus- regularly disparaged. Some have even trated with the lack of production and terday to seek to open up the debate suggested that Dreamers pose a risk of with a vote on a poison pill amendment with the lack of results. But, Sweetie, terrorism or have links to inter- I am not mad. I just get a little bit in- about so-called sanctuary cities—which national drug trafficking. has nothing to do with either Dreamers tense when I talk about an issue where These absurd depictions would be or border security—was less than a the solution is within reach. I am not laughable if they weren’t so damaging, helpful start. These kinds of attempts mad. I am frustrated with the Members especially to those of us who remember to score political points stand in stark of the U.S. Senate who don’t see the one of the biggest terrorist attacks on contrast to the bipartisan search done opportunity to seize this moment and our country, in Oklahoma City by Tim- by leading Republicans and Democrats get it done. othy McVeigh, who was not an immi- Mr. President, thank you for the op- behind the scenes for a solution. As the grant; he grew up there and was born portunity. I probably went long, and I most senior Member of this body, it is there. Thankfully, most Americans apologize to anybody else who may be my hope that all Senators will focus on know better. Dreamers are not threats waiting to speak. But this is the week a bipartisan solution, not on just divi- to our national security; not a single to get it done. This is the Congress to sive . one—not a single one—has been sus- get it done. This is the President who I respect this institution as much as pected of terrorist activities. Nor do has given us a historic opportunity. I anybody. For 43 years, I have been here Dreamers present a threat to public hope we seize the day. and I have seen—and I hope contrib- Thank you, Mr. President. safety. Far from it. By definition, uted to—the good that can be accom- I suggest the absence of a quorum. Dreamers are law-abiding strivers who plished. I have often said that at its The PRESIDING OFFICER. The seek only to contribute to our country. best the Senate can and should serve as clerk will call the roll. Brought here as children, Dreamers are the conscience of the Nation. But it The legislative clerk proceeded to now our neighbors, our first respond- can only do so when we put aside our call the roll. ers, our teachers, our medical per- own self-interest, and we work across Mr. LEAHY. Mr. President, I ask sonnel. Nearly 1,000 have served in our the aisle in the spirit of compromise. I unanimous consent that the order for Armed Forces, risking their lives to de- know we are capable of meeting this the quorum call be rescinded. fend the only country they have ever challenge today. We have done it be- The PRESIDING OFFICER. Without known as home. fore. objection, it is so ordered. I will never forget one Dreamer who Five years ago, when I was chairman Mr. LEAHY. Mr. President, the Sen- wrote to me last year. Dr. Juan Conde of the Senate Judiciary Committee, we ate is debating the fate of our Nation’s is a DACA recipient. He is a resident of brought together 68 Senators, Demo- Dreamers this week. Everywhere I go, Vermont. He was born in Mexico and crats and Republicans, and we voted people recognize the uncontestable brought to the United States as a for an immigration bill that provided truth that underpins our discussion: young child by his mother. In 2007, protection for Dreamers, including an We are all a nation of immigrants. Un- tragically, his mother died of cancer. expedited pathway to citizenship. Un- less you are Native American, you Showing remarkable courage and de- fortunately, the House, even though come from a line of people who come termination for a young man, Dr. they had the votes to pass it, would not from somewhere else. More than in any Conde was motivated by this personal bring it up. Well, it is time now for the other country on Earth, this simple tragedy to help cancer patients like his Senate to do so again and, this time, fact is a defining characteristic of our mother. He ultimately obtained a for the House to follow suit. national identity. Throughout our his- Ph.D. in cancer research from the Uni- President Trump claims he will treat tory, immigrant communities have versity of Texas. Dreamers with great ‘‘heart.’’ If he greatly enriched our Nation; their indi- But as accomplished as he already meant what he said, he will certainly vidual stories have become the Amer- was, Dr. Conde was not satisfied with sign our bipartisan compromise that ican story. Out of many, we have be- just studying cancer. He wanted to emerges. So let’s get to work. The fu- come one. treat the people suffering with and bat- ture of Dreamers—and the fate of the

VerDate Sep 11 2014 00:53 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G14FE6.013 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S939 American dream itself—lies in our Senator CHUCK SCHUMER. They sup- ting his master’s degree in biomedical hands. ported the Secure Fence Act, as did an informatics. He is from Brownsville, As I left that funeral yesterday in overwhelming majority of Senators TX, right along the U.S.-Mexico bor- Vermont, I thought of my wife’s uncle from both parties. der, and he is a DACA recipient. After and her parents coming from Canada to When the President has talked about his mother was diagnosed with breast make a better life, my grandparents the wall, he has made pretty clear cancer, he decided he wanted to be a coming from Italy, and my great what he is really talking about is a doctor. He has even been accepted to grandparents coming from Ireland, all barrier similar to what was supported Texas medical schools, but he wasn’t to make such a mark on our little on a bipartisan basis. He said that the sure whether he would be allowed to State of Vermont, all for the better. As Border Patrol is going to have to be attend. He is waiting and watching, a member of that family, how proud I able to see through it. Indeed, as he has worried about his future. am to stand here on the floor of the conceded, in many places it doesn’t Then there is Miriam Santamaria U.S. Senate, but I want to do more make any sense at all to have a phys- from Houston, TX. She graduated from than just stand here. I want to vote for ical barrier. That is why technology high school in Houston with honors. a bill to help more people like those and boots on the ground are so impor- She paid her way through community who come to our country and to make tant. college, and she works as a manager at our country better. This legislation also reallocates visas a construction company and owns her I suggest the absence of a quorum. from the diversity lottery system in a own photography business. She sounds The PRESIDING OFFICER. The way that is fair and continues the ex- like quite an entrepreneur to me. Mir- clerk will call the roll. isting, family-based categories until iam said: ‘‘I am not looking for any The bill clerk proceeded to call the the current backlog is cleared, which kind of recognition or sympathy, [I’m roll. would take, probably, about 10 years. I just] looking to make a difference and Mr. CORNYN. Mr. President, I ask am proud to cosponsor this common- inspire others.’’ She is also looking to unanimous consent that the order for sense solution. But I know other col- live in peace in the only country that the quorum call be rescinded. leagues have been working hard on she has ever known and calls home. The PRESIDING OFFICER. Without their ideas, which I look forward to re- She came to the United States when objection, it is so ordered. viewing as the debate continues. she was 4 years old. Mr. CORNYN. Mr. President, today a One group I haven’t heard from Finally, there is a man whom I will group led by Chairman GRASSLEY of much, though, is our Democratic col- just call by the first name of Daniel. the Senate Judiciary Committee for- leagues, who literally shut down the He, too, lives in Texas. He graduated government to force this debate to mally introduced a bill to address the from the University of North Texas occur on their terms and at a time DACA issue—the Deferred Action for with a degree in and con- they chose. We are still trying to figure Childhood Arrivals issue—that we have tributes productively to society. Daniel out—OK, you won, in a sense. I think heard so much about, as well as border came from Mexico at the age of 2, and the American people lost when you security. I think it is a good starting he said: ‘‘All the choices I make, I shut down the government, but you point, and I am proud to be a cosponsor made as an American, because that’s made your point. You wanted a time of the legislation, which is called the what I am.’’ certain and you wanted a fair process Secure and Succeed Act. We need to listen to these stories as by which to present your ideas, and we Perhaps the most important thing we consider this legislation and as peo- have been waiting—here it is Wednes- about this bill is that it actually has a ple are perhaps tempted into the polit- day, with the clock ticking, still wait- good chance of becoming law. That is ical grandstanding and gamesmanship ing—for that Democratic proposal. because the President supports it. It that, unfortunately, sometimes over- What is their plan? What is their pro- encompasses the four pillars the Presi- whelms our best intentions. These are posal? Do they even have one? And if dent has laid out for us in any solution real human lives hanging in the bal- they do, why are they leaving the rest to the DACA challenge. ance. They are important, and they of us, as well as the Nation, in the The Secure and Succeed Act provides teach us about the real people behind legal status and a pathway to citizen- dark? As the majority leader said yester- the policy. ship for an estimated 1.8 million people day, we need to stop trying to score po- But their stories are not the only who meet the specific criteria of litical points and start making law. ones we need to listen to. We need to DACA. This is a far larger number than The way to get this done is to take a listen to the stories of the men and the number of individuals covered by proposal like the President’s and get women who have been waiting pa- President Obama’s Executive order. started; people can offer amendments tiently for years to come here in a The fact is, this President has not only to that. Whatever gets 60 votes in the legal way through visas and green said to the 690,000 DACA recipients Senate passes the Senate, and then it cards, waiting patiently to join their ‘‘You are going to have a better, is up to the House to pass it, and then families here in the United States, brighter future and a pathway to it is up to the President to decide doing it the old-fashioned, legal way. American citizenship’’; this President whether to sign it. He has pretty much They have had to wait, some for years, has also offered all of the young people given us the outline of what he would some for decades. eligible but who might not have pre- find acceptable. Again, insofar as it We should listen to the stories of the viously signed up that same oppor- grants a pathway to citizenship for 1.8 border communities, which I am proud tunity. What an extraordinarily gen- million people, that is extraordinary in to represent in Texas, from men and erous offer. and of itself. women, many of whom are of Hispanic This bill also provides for a real plan The majority leader made a commit- origin, who have suffered property to strengthen border security, utilizing ment to hold this debate and to hold it damage from illegal immigration. the three things that Border Patrol has this week. He has lived up to his prom- Illegal immigration is a pretty ugly always told me are essential: more ise, and now we can’t let it all go to business when you consider that it is in boots on the ground, better technology, waste. As each minute and each hour the hands of drug cartels and and, yes, some infrastructure in hard- clicks off the clock, it looks as if it is transnational criminal organizations. to-control locations, along with en- more and more likely to happen—that Recently, one of the military leaders hanced ports of entry. all of this will go to waste. who is responsible for Southern Com- I know there has been some confu- The country is watching. The DACA mand, which is Central America south, sion about that. The President likes to recipients in my home State—all said that these transnational criminal talk about the wall. It is true that 124,000 of them—are watching and wor- organizations or cartels are ‘‘com- back in roughly 2006 or 2007, Congress rying, understandably anxious about modity agnostic.’’ That is the phrase called for something called the Secure what their status is going to be when he used. He said that they don’t care Fence Act, which got the support of this program ends on March 5. whether it is people, drugs, or other then-Senator Obama, then-Senator Hil- One of those DACA recipients is Julio contraband. What they are in it for is lary Clinton, and, of course, current Ramos, a biology teacher who is get- the money, and they are willing to do

VerDate Sep 11 2014 00:53 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G14FE6.018 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S940 CONGRESSIONAL RECORD — SENATE February 14, 2018 anything for the money. Unfortu- into the United States. In large, open years, Congress has failed to fix our nately, victims of human trafficking areas, there is more of a lag time, so broken immigration system three know exactly what I am talking about. perhaps a fence or some infrastructure times, primarily because it has at- Despite these hardships, businesses is not as important; technology might tempted to solve the entire situation, in many of the communities, like those be more important, along with the Bor- the comprehensive problem, which along the border, are thriving. But we der Patrol agents themselves. would be the legal situation, the tem- need to do everything we can to make My basic point is that border secu- porary work visa problems, and then sure that continues to be the case. rity is complex. For those who think it the illegal situation. Sympathy for DACA recipients is is as easy as one, two, three, I encour- The Secure and Succeed Act only right and good because, in America, we age you to do as some of my colleagues deals with our legal immigration pol- do not punish children for the mistakes have done; that is, travel to the bor- icy. From the onset of these negotia- of their parents, and we are not going der—we will host you—to see firsthand tions, President Trump has been con- to punish these young people who are why it is crucial that we strengthen sistent with what he has wanted as now adults and have become part of our personnel, technology, and infra- part of any immigration deal that our communities. But Americans who structure. That has to be one of our deals with the legal immigration sys- live along the border in my State real- priorities, and I am grateful to the tem. Months ago, he gave us a clean ize that illegal immigration has caused President for making this one of his re- framework. He said that any plan that real, tangible harm in terms of public quirements as well. didn’t fit that framework would never safety, property damage, and their way We have an opportunity to address become law. The Secure and Succeed of life. not only the anxiety and plight of Act, which we are dealing with this When I talk to people like Manny DACA recipients but also to make our week, is the only plan that actually Padilla, the Border Patrol’s sector country safer and more secure; to re- fits that framework. It is the only plan chief for the Rio Grande Valley, it is form our legal immigration system in the President has said he will sign into hard not to realize just how much is re- a way that will help us accelerate the law. The framework that has been laid quired and how many more resources reunification of families out of the out by President Trump has four parts. we need to maintain situational aware- backlog of people waiting patiently First, it provides a solution for the ness and operational control along the and legally outside of the country to DACA situation and ends the program. border. come into the country through legal It does so in a compassionate, respon- I will say this: The Federal Govern- immigration; and to address the Presi- sible way that every Senator on the ment has failed over the years to live dent’s concern about the roll of the other side of the aisle should support up to its responsibility to maintain the dice in the diversity lottery that and has supported at various times. security of our border, so taxpayers in makes little sense, given our need for President Trump went out of his way my State have to step up and fill the people with job-based skills, graduate to reach across the aisle to the Demo- gap left by the failure of leadership of degrees, and other merit-based criteria crats when he expanded the population the Federal Government. But we have that would make them valuable to the that was being discussed in the DACA an opportunity to fix that in this legis- United States, in addition to winning situation, and he actually talked about lation, following the parameters the the lottery. providing long-term certainty for this President has laid out for us. That is I hope we will take advantage of this population group. why, during this week’s debate, ensur- opportunity this week. Time is wast- Second, this bill secures our borders ing additional resources for border se- ing. It is Wednesday, and we don’t have with additional border security and a curity is an essential piece of the puz- any time to waste at all. wall where required. It puts $25 billion zle. That includes areas other than be- I yield the floor. in a trust fund toward border security tween our ports of entry. Mexico is one I suggest the absence of a quorum. and a wall system. This money would of our largest trading partners. We The PRESIDING OFFICER (Mrs. be spent over the next few years to pro- have legitimate trade and commerce ERNST). The clerk will call the roll. vide better national security for our that flows back and forth across the The senior assistant legislative clerk country’s borders. It ends policies like border with Mexico and supports 5 mil- proceeded to call the roll. catch and release, which encourage lion American jobs. Unfortunately, the Mr. PERDUE. Madam President, I more illegal immigration. It makes cartels have figured out how to exploit ask unanimous consent that the order critical changes to the immigration that as well. So, because of antiquated for the quorum call be rescinded. court system to clear out backlogs, ex- infrastructure and technology at our The PRESIDING OFFICER. Without pedite court hearings, and give law en- ports of entry, many of them are vul- objection, it is so ordered. forcement the resources it needs to do nerable through the importation of poi- Mr. PERDUE. Madam President, I its job properly. son—literally, drugs like methamphet- rise to talk about the topic of the Third, this bill fixes the flaws in the amine, cocaine, heroin, and the like— week. current immigration system that that has taken the lives of so many Although some of us have been work- spurred this DACA problem in the first Americans. We need to do more and ing on this for some time, many of us place and incentivized illegal immigra- better when it comes to maintaining in this body have actually been ad- tion. It protects the immediate family those ports of entry—upgrading the in- dressing this for over the last 20 years of the primary worker. Seventy-two frastructure, improving the tech- or so. I am new to this body, as I have percent of Americans believe immigra- nology—so we can interdict more of only been here a few years, but, last tion should include the primary work- that. year I got involved in this. We are deal- ers, their spouses, and their immediate Again, the border is as varied as any- ing with the immigration issue today, children, which is exactly what this place in the world, with areas that are not just the DACA issue. bill does. In addition, two-thirds of flat and open, areas that have moun- Our current immigration system is Americans actually believe that the so- tains and rolling hills, rivers, obvi- outdated, threatens our national secu- lution here for illegal immigration in- ously. Technology, as we have come to rity, and does not meet the needs of cludes the DACA fix, an end to chain see, has transformed our way of life, our economy. The issue before the Sen- migration, border security, and an end and technology can increasingly be the ate this week is not just about DACA, to the diversity lottery—two-thirds. answer to supplement the boots on the which is but one manifestation of our That is from a Harvard poll that was ground and the infrastructure that the broken immigration policies. Rather, put out several weeks ago, and there Border Patrol thinks are necessary. President Trump, while offering a gen- are others that actually corroborate There is a big difference between de- erous solution for DACA recipients, has that. tecting illegal immigration in rural proposed a broader solution to our This bill also expedites the backlog, areas and urban ones. In urban areas, legal immigration system that will en- which is something that was not even the Border Patrol tells us that you sure that we are not back here in just discussed before we brought this bill might have just a few seconds before a few short years to deal with this forward. This bill ensures that the pri- someone can cross the border and enter same problem again. Over the past 11 mary family of immediate citizens—

VerDate Sep 11 2014 00:53 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G14FE6.015 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S941 some of them are recent green card re- than generous. Nobody asked him to The senior assistant legislative clerk cipients and new citizens who are try- expand the number or to even talk proceeded to call the roll. ing to get their families in—will be re- about certainty in the long term. He Mr. SANDERS. Madam President, I united. But there is a backlog. We have has brought that forward because he ask unanimous consent that the order that in this bill and have ensured that wants this done. He wants this solved. for the quorum call be rescinded. the backlog will be taken care of and He wants this ended right now. The PRESIDING OFFICER. Without that these families will be reunited, The Secure and Succeed Act follows objection, it is so ordered. which is what most Americans want. the framework that President Trump CONGRATULATING CHLOE KIM ON WINNING A Fourth, the Secure and Succeed Act has crafted. Compromises have been GOLD MEDAL AT THE WINTER OLYMPICS ends the archaic visa lottery program. made on both sides of this issue. It Mr. SANDERS. Madam President, let This failed program is dangerous, filled deals with the DACA issue, secures the me begin by congratulating Chloe Kim, with fraud, and has proven to be an av- border, and fixes critical flaws in our a first-generation American who won enue for terrorists to enter our coun- immigration system that incentivize an Olympic Gold Medal for the United try. We simply must fix these national illegal immigration today. This is to States in the women’s halfpipe security flaws and close the loopholes ensure that we are not back here in a event this week. in our current immigration system few short years to deal with the prob- Her father, Jong Jin Kim emigrated that incentivize illegal immigration. If lem again of a new wave of young peo- from South Korea to the United States we don’t deal with these problems that ple who may be brought here illegally. in 1982, became a dishwasher at a fast- got us here in the first place, we will be Again, the President has said repeat- food restaurant, studied engineering at right back here in just a few short edly that the Secure and Succeed Act El Camino College after working those years. This is the President’s objective. is the only bill that he will sign into low-skilled jobs, and then became an If we are going to deal with it, let’s law. Leadership in the U.S. House of engineer. He left his engineering job to Representatives has also been clear support his daughter’s snowboarding deal with it once and for all on the im- 1 migration side and then move on to the that the only plan it will bring up for ambitions so he could drive her 5 ⁄2 hours to the mountain for training. temporary work visas and solve that as a vote in its body is one that will be Congratulations to Chloe and to her well. signed into law. The Secure and Suc- entire family. You make the United I don’t think anybody in this body ceed Act is that plan. States proud. wants to be back here in a few short We don’t have many opportunities in Madam President, the whole debate years. Many on the other side and on this body for common thought and we are now undertaking over immigra- our side have been trying to find a common positions, but we have one tion and the Dreamers has become common solution to this for decades. I here. I have seen what most people in somewhat personal for me because it believe we have an historic opportunity this body have said about these issues, has reminded me, in a very strong way, right now to do something that people and it impresses me that there is com- that I and my brother are first-genera- in this body have wanted to do for a monality of thought. At the root, this tion Americans. We are the sons of an long time, and that is to solve our legal body wants to solve the DACA issue, immigrant who came to this country immigration system in a very compas- but it also wants to solve the problems at the age of 17 without a nickel in his sionate, fair way that will benefit that caused this issue in the first place. pocket, a young man who was a high every American. That is why we have This President called for a compas- school dropout, who did not know one to deal with these issues in a respon- sionate compromise when he met with word of English, and who had no par- sible and fair way. Democrats and Republicans several ticular trade. Politicians have talked about this for weeks ago at the White House, and we A few years ago, my brother and I far too long. I have discovered, now all agreed it was time to do that for and our families went to the small having been in this body, that it is the American people. Yet the American town where he came from, and it just easy for some to just kick this down people want to be assured that the bor- stunned me, the kind of courage he the road. It is a great pandering oppor- ders will be secure. They want to be as- showed and millions of other people tunity for one side or the other to sured that the policies that are embed- show leaving their homeland to come blame this on them. Unfortunately, the ded in our immigration system will not to a very different world, in many American people deserve better than create another wave of illegal immi- cases, without money, without knowl- that. We have a clean opportunity here grants. They also want this archaic di- edge of the language. to do what most people in America versity lottery to end, which has never My father immigrated to this coun- want us to do. worked as was originally intended and try because the town where he lived in Other than politics, there is no rea- is nothing but a loophole for terrorists Poland was incredibly poor. There was son for the Secure and Succeed Act not today. no economic opportunity for him. Peo- to have widespread, bipartisan support I think there is too much talk about ple there struggled to put food on the this week in this body. Each part of the this bill cutting immigration. That is table for their families. Hunger was a Secure and Succeed Act has been sup- not the intent here. The intent is long real issue in that area. My father came ported by many Democrats at various term. We have a bill in here called the to this country to avoid the violence times over the last 30 years. As a mat- RAISE Act that would actually move and bloodshed of World War I, which ter of fact, in 1994, Barbara Jordan pre- us to a merit-based system like those came to his part of the world in a fero- sented the result of her bipartisan im- in Canada and Australia. That is not cious manner, and he came to this migration commission report to then- included in the Secure and Succeed country to escape the religious bigotry President Bill Clinton. The rec- Act. What is included here is a first that existed then because he was Jew- ommendations at that time were to step toward a long-term solution not ish. My father lived in this country change our immigration system from only on our legal immigration side, but until his death in 1962. He never made our current country caps and chain mi- it sets us up to then deal with the tem- a lot of money. He was a paint sales- gration system to more of a skills- porary work visas and, ultimately, man. based system like those seen in Canada with the illegal population. My father was not a political person, and Australia. I believe, as I know the Presiding Of- but it turned out that without talking They knew then the flaws that were ficer does, that it is time for those in much about it, he was the proudest included in our immigration law that this body to put our self-interests and American you ever saw, and he was so was written in 1965 that actually our partisan interests aside, as we say proud of this country because he was incentivized illegal immigration. Un- so many times, and to do what the deeply grateful that the United States fortunately, it seems that because American people want us to do, for had welcomed him in and allowed him these ideas are now being put forward which we now have hard evidence. opportunities that would have been ab- by President Donald Trump, the Demo- I yield the floor. solutely unthinkable from where he crats, all of a sudden, disagree with I suggest the absence of a quorum. came. these principles. President Trump has The PRESIDING OFFICER. The The truth is, immigration is not just crafted a deal that is tough but more clerk will call the roll. my story. It is not just the story of one

VerDate Sep 11 2014 00:53 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G14FE6.016 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S942 CONGRESSIONAL RECORD — SENATE February 14, 2018 young man coming from Poland who about this Congress if we allow 800,000 I urge, in the strongest terms pos- managed to see two of his kids go to young people to be subjected to depor- sible, that Speaker RYAN allow democ- college and one of his sons become a tation, to live in incredible fear and racy to prevail in the House, allow the U.S. Senator. It is not just my family’s anxiety. vote to take place. If you have a major- story. It is the story of my wife’s fam- Here is the very good news for the ity of Members of the House, in a bi- ily who came from Ireland, and it is Dreamers. It is actually news that a partisan way, who support legislation, the story of tens of millions of Amer- couple of years ago, I would not have allow that legislation to come to the ican families who came from every sin- believed to be possible. The over- floor. Let the Members vote their will, gle part of this world. whelming majority of American peo- and if that occurs, I think the Dream- In September of 2017, President ple—Democrats, Republicans, Inde- ers legislation will prevail. Trump precipitated the current crisis pendents—absolutely agree we must Madam President, we all understand we are dealing with by revoking Presi- provide legal protection for the Dream- that there is a need for serious debate dent Obama’s DACA Executive order. If ers and that we should provide them and legislation regarding comprehen- President Trump believed that Execu- with a path toward citizenship. That is sive immigration reform. This is a dif- tive order was unconstitutional and it not BERNIE SANDERS talking, that is ficult issue, an issue where there are needed legislation, he could have come what the American people are saying differences of opinion. There are a to Congress for a legislative solution in poll after poll. whole lot of aspects to it. How do we without holding 800,000 young people Just recently, a January 20 CBS provide a path toward citizenship for hostage by revoking their DACA sta- News poll found that nearly 9 out of 10 the 11 million people in this country tus. President Trump chose not to do Americans, 87 percent, favor allowing who are currently undocumented but that. He chose to provoke the crisis we young immigrants who entered the who are working hard, who are raising are experiencing today. That is a crisis United States illegally as children to their kids, who are obeying the law? we have to deal with in the Senate, and remain in the United States—87 per- What should the overall immigration we have to deal with it now. cent in Iowa, in Vermont, and in every policy of our country be? How many Let us be very clear about the nature State in this country. There is strong people should be allowed to enter this of this crisis because some people say: support for legal status for the Dream- country every year? Where should they Well, it is really not imminent. It is ers and a path toward citizenship. come from? not something we have to worry about On January 11, a Quinnipiac poll All of this is very, very important now. Those people are wrong. As a re- found that 86 percent of American vot- and needs to be seriously debated, but sult of Trump’s decision, 122 people ers, including 76 percent of Repub- that debate and that legislation is not every day are now losing their legal licans, say they want the Dreamers to going to be taking place in a 2-day pe- status, and within a couple of years, remain in this country. riod. It is going to need some serious On February 5, in a Monmouth poll, hundreds of thousands of these young time, some hearings, some committee when asked about Dreamers’ status, people will have lost their legal protec- work before the Congress is prepared to nearly three out of four Americans sup- tion and be subject to deportation. The vote on comprehensive immigration re- port allowing these young people to form, and it will not and cannot hap- situation we are in right now, as a re- automatically become U.S. citizens as sult of Trump’s action, means, if we do pen today, tomorrow, or this week. long as they don’t have a criminal Our focus now, as a result of Trump’s not immediately protect the legal sta- record. In other words, the votes that tus of some 800,000 Dreamers—young decision in September, must be on pro- are going to be cast hopefully today, tecting the Dreamers and their fami- people who were brought to this coun- maybe tomorrow, are not profiles in try at the age of 1 or 3 or 6—young peo- lies and on the issue of border security. courage. They are not Members of the There will be important legislation ple who have known no other home but Senate coming up and saying: Against coming to the floor of the Senate today the United States of America—let us be all the odds, I believe I am going to or maybe tomorrow, and I would hope clear that if we do not act and act vote for what is right. This is what the that we could do the right thing, do the soon, these hundreds of thousands of overwhelming majority of the Amer- moral thing, and do something that young people could be subject to depor- ican people want. history will look back on as very posi- tation. Maybe, just maybe, it might be ap- tive legislation. Let’s go forward. Let’s That means they could be arrested propriate to do what the American peo- pass the Dreamers bill. Let’s deal with outside their home, where they have ple want rather than what a handful of border security, and then, in the near lived for virtually their entire life, and xenophobic extremists want. Maybe we future, let us deal with comprehensive suddenly be placed in a jail. They could should listen to the American people— immigration reform. be pulled out of a classroom where they Democrats, Republicans, and Independ- I yield the floor. are teaching, and there are some 20,000 ents—who understand it would be a (The Acting President pro tempore DACA recipients who are now teaching morally atrocious thing to allow these assumed the Chair.) in schools all over this country. If we young people to be deported. When I The PRESIDING OFFICER (Mr. do not act and act now, there could be think, from a political perspective, SASSE). The Senator from Oregon. agents going into those schools, pulling about 80, 85, 90 percent of the American Mr. MERKLEY. Mr. President, our those teachers right out and arresting people supporting anything in a nation Constitution begins with three very them and subjecting them to deporta- which is as divided as we are today, simple and very powerful words: ‘‘We tion. Insane as it may sound, I suppose this is really extraordinary. You can’t the People.’’ It is the mission state- the 900 DACA recipients who now serve get 80 percent of the American people ment for our Nation, for our Constitu- in the U.S. military today could find to agree on what their favorite ice tion. It is a vision in which decisions themselves in the position of being ar- cream is, but we have 80 percent of the are made of, by, and for the people, not rested and deported from the country American people who are saying, do for the privileged and not for the pow- they are putting their lives on the line not turn your back on these young peo- erful. to defend. Some people say: Well, that ple who have lived in this country for Who wrote those words? Well, it hap- is far-fetched. Well, I am not so sure. It virtually their entire lives. pened to be a group of White, wealthy could happen. How insane is that? That We have to act and act soon in the landowners—the powerful and the priv- is where we are today, and that is what Senate, and there is good legislation ileged. They didn’t choose to build a could happen if we do not do the right that would allow us to do that. In the nation that would make laws for their thing and this week pass legislation in House, the good news is, there is now benefit but laws that would be designed the Senate to protect the Dreamers. bipartisan legislation, sponsored by for the entire populous to thrive. We have a moral responsibility to Congressman HURD and Congressman They were descended from immi- stand up for the Dreamers and their AGUILAR, which will provide protection grants. In our country, unless you are families and to prevent what will be an for Dreamers and a path toward citi- 100 percent Native American, unless indelible moral stain on our country if zenship. My understanding is, bipar- you have just arrived as a new immi- we fail to act. I do not want to see tisan legislation now has majority sup- grant, you are descended from immi- what the history books will be saying port. grants yourself. It is part of the fabric

VerDate Sep 11 2014 00:53 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G14FE6.019 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S943 of our Nation. It is what makes us a gally protected. President Trump has Let’s get this Dream Act to this combination of powerful talents and broken that promise. He has broken floor. There is a bipartisan under- abilities from around the world. that deal, that commitment made by standing around restoring legal status. George Washington himself once our executive branch to these Dream- There is a bipartisan foundation for said: ‘‘America is open to receive not ers. So it puts them in a terrible spot border security. Let’s not give in to only the Opulent and respected Strang- of uncertainty and stress and limbo. those far-right Breitbart voices that er, but the oppressed and persecuted of Now it is time to set that right. It are so out of sync with the traditions, all Nations and Religions.’’ On another could be set right by the President in a the strength, the culture, and the vi- occasion, he wrote to a friend: ‘‘I had moment. sion of our Nation. Let’s restore the always hoped that this land might be- Several of the courts have weighed in legal status for our Dreamers, enhance come a safe and agreeable asylum to and said that the President has acted our border security, and do the work the virtuous and persecuted part of unconstitutionally in attacking our that this Chamber should have done mankind, to whatever nation they young immigrants, our Dreamers. But long ago. might belong.’’ True to Washington’s let’s not wait for the courts to remedy Thank you. wishes and to his vision, that is the this. Let’s take care of it ourselves in The PRESIDING OFFICER. The Sen- land we have been. It has been that this Chamber, the Senate Chamber. ator from Missouri. land of opportunity, that land that After months and months of inaction, Mr. BLUNT. Mr. President, I am welcomes others to our shores and after broken promises by President pleased to come and talk today. gives them the chance to pursue the vi- Trump, let’s finally protect these men This is a week where we had all an- sion of opportunity, to help participate and women who do so much to embody ticipated a return to the Senate, where in the making of our great Nation, and the American spirit. ideas are widely debated. I was stand- to do so, each generation brings to- As we move forward in this debate, ing by the majority leader last week gether a variety of languages and cul- we must look again to what our Found- when he was talking about this, and he tures and backgrounds. That is Amer- ing Fathers intended for the Nation said that we will let a thousand flowers ica. they created and ensure that the ‘‘gold- bloom. It didn’t sound like something That is why, a century after our Na- en door’’ that the poet Emma Lazarus Senator MCCONNELL would normally tion’s founding, the French gave to the wrote about in her poem remains an use as a reference, but he did, and I am United States the Statue of Liberty. open door, open to all those who dream thinking, well, that would be a good The Statue of Liberty has stood as a to become an American and to con- thing, to see a thousand different ideas beacon of hope, welcoming those from tribute to this Nation. We must re- widely debated on the Senate floor. other lands. Inscribed in the pedestal of main, in President Washington’s words, So far this week, there has not been that statue are these words: ‘‘open to receive not only the Opulent any debate because we can’t seem to and Respected, but the oppressed and Give me your tired, your poor, Your agree on who votes on what first. I huddled masses yearning to breathe free, The persecuted of all Nations.’’ think that is a particular level of dys- wretched refuse of your teeming shore. Send Yet, looking at the plan that Presi- function that we should all be con- these, the homeless, tempest-tost to me, I dent Trump has put forward and simi- cerned about. For the Senate to do its lift my lamp beside the golden door! lar plans offered in this Chamber, there work, we have to be willing to vote and Those are the welcoming words for is a real interest in slamming the door we have to be willing to take some hundreds of thousands arriving here in shut by those who have already arrived hard votes. My sense of politics today the United States. as immigrants, who have fled persecu- is, whether you have taken the vote or As I speak at this moment, 800,000 tion, who have pursued freedom, who not, someone is going to accuse you of have pursued opportunity, and who young men and women right here in taking that vote. So you might as well have escaped from famine to come in America are yearning to breathe free not worry about the vote you take; just and slam the door on everyone else. It as full participants in the Nation that worry about the work we get done and is not very American to do that, and it they have grown up in. These are our whatever votes are necessary to be is not a strength to undermine the fu- Dreamers—Dreamers like this group of taken to get that done. ture success of our economy by drain- Oregonians who visited my office in On this topic, it does seem to me that ing away the extraordinary talents of December, who came to this country as we have two issues here that should be our Dreamer community. very young children, who went to ele- President Johnson made the point. solved, two issues on which there is mentary school here, who went to high He said: ‘‘The land flourished because broad agreement. I have said for a long school here, who are our neighbors, our it was fed from so many sources—be- time that there are really three ques- community members, who have gone cause it was nourished by so many cul- tions in the immigration debate that on to college, who have taken jobs, and tures and traditions and peoples.’’ need to be answered: No. 1, how do we who are contributing in every possible President Ronald Reagan made the secure the border; No. 2, what are the way to our community, studying in point. He said: ‘‘More than any other legitimate workforce needs of the their schools, practicing and working country, our strength comes from our country; and No. 3, what do we do with in our industry. They are now young own immigrant heritage and our capac- people who came and stayed illegally? adults who are striving to support ity to welcome those from other As we think about securing the bor- their families, building to strengthen lands.’’ der, by the way, half the people who this economy, and building a future for The founding President of our coun- are in the country illegally came le- themselves. They are paramedics sav- try, a respected Democratic President gally and just stayed. So it is not all a ing lives. of our country, and a respected Repub- border issue, but it clearly is partly If you stand on a street corner in Or- lican President of our country have and significantly a border issue. egon and look around, there is a pretty said the same thing: The strength of One of the things that people expect good chance you will see a Dreamer. our country is in the contributions a government to be able to do is to se- You may not know it because they are that have been made by our immi- cure its own borders. Often, when we full members of our community, and grants. hear a story of a country somewhere in you will see them contributing. But The Founding Fathers wrote those the world in which the government has they have overcome a lot of obstacles, words, that mission statement, that disintegrated and is no longer in con- which creates a grit of character. It this would be a nation of, by, and for trol of the country, one of the first also helps to build the future of our Na- the people, not one to make laws by things that are mentioned by people tion, just as it did for those of our fore- and for the powerful and the privileged. talking about that dysfunctional gov- fathers and foremothers who arrived 1 That is the vision we need to continue ernment is that they don’t control or 2 or 3 or 10 generations ago. to hold on to—to understand that the their own borders. It truly is a legiti- We provided a program, the DACA strength of this Nation comes from mate expectation of a functioning gov- Program, which struck a deal that weaving together the many cultural ernment that you control your own said: If you give us all of your informa- threads of the people of the United borders. It is also a legitimate expecta- tion, we will make sure that you are le- States of America. tion of government that you look at

VerDate Sep 11 2014 00:53 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G14FE6.021 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S944 CONGRESSIONAL RECORD — SENATE February 14, 2018 your economy and you look at what In some respects, we have two sepa- am going to give the Congress 6 more workforce needs you have that aren’t rate issues here. People who were months to solve this problem—until being met and figure out the best way raised here, who have done everything March 5. It is also important to know to meet those workforce needs. that anybody else would do to accli- that the courts have allowed people to In this debate, because we haven’t mate as an American in all ways, who continue to sign up, so really the dead- controlled our borders and because we went to school here, who did every- line is somewhere beyond March 5. But haven’t kept track of people who le- thing else here—70 or 80 percent of the the President said: I am going to give gally crossed our borders and as a re- American people, and I occasionally Congress 6 more months. sult, we have some number of people— see a number even higher than that, President Obama didn’t do anything usually the estimate is about 11 mil- believe they should be allowed to stay. about this for years—not because he lion people in the country—who are not More and more, as people think didn’t want to, I believe, but because here legally, what do we do with those about that, they also believe that after he said he didn’t have the ability to. people? they have been here, like any other im- President Obama repeatedly said: The My view has always been that if the migrant who came to the country le- President cannot solve this problem; government met its primary responsi- gally, they would eventually be able to Congress has to solve the problem. In bility, which is an immigration system take the test and go through the proc- spite of 6 or 7 years of saying that he that works, the American people would ess to become a citizen. That is a wide- couldn’t solve this problem on his own, be very forward-leaning about those ly accepted premise that this debate he ultimately decided to try to do it other two issues, because nobody really should be built on. with an Executive order. argues that if we don’t have people Another widely accepted premise The truth is, that Executive order here to do the work that needs to be that this debate should be built on is was never going to do the job. I think done, whether it is highly skilled or that 70 percent or so of the American President Obama knew that. When not highly skilled, we ought to be people—and it would be a higher per- President Trump did his own order, he thinking about what we need to do to centage if people really knew the probably also knew he didn’t have the get people here who can do that work. facts—believe the government has not ability to do that any more than Presi- Also, what do we need to do to keep met its responsibility to secure our dent Obama had to do what he did. But both of these Presidents in their own people here who came here to get train- own borders. ing to do highly skilled jobs and grad- Let’s assume that number is 70. We way have tried to drive the Congress uated from colleges and universities or have two 70 percent issues. We would toward making a decision that comes other skill-enhancing things that hap- assume that a working Congress could up with a plan that works—a plan that pened while they were here. If they take two 70 percent issues and come up works for kids who were brought here with no choice in the matter and a plan want to stay, my view is that if they with a solution that makes its way to for seeing to it that kids can’t still be didn’t do anything that got them in the President’s desk and solves both of easily brought here with no choice. We trouble while they were here, we these problems. need to let young people come here be- should almost always want them to We are not going to solve these prob- cause we need them here as part of our stay. If we don’t have that skill set in lems by saying: OK, we are going to workforce, as part of our country. solve the problem for people who are our economy, why wouldn’t we come Legal immigration is what made already here, but we are not going to up with ways to reach out and get it? America great. The rule of law is also Those who are not here legally, gen- do anything to make it harder for oth- what makes our country what it is. We erally, I think if people thought the ers to be brought here illegally by can’t continue to let immigration be problem was solved, if they thought someone who has control of them. We an area where we have decided there that the government had truly met its are not going to solve that? Of course are laws that we will not enforce. responsibility to operationally control that is not going to work. The challenge for the Congress right the borders and that the government I don’t think whether you signed up now is to come up with a solution so had met its responsibility to keep for DACA should be a determiner, and that this problem is not going to con- track of who comes in legally and apparently the President agrees. If you tinue to be the same problem it is know if they have left or not—I mean, are here and in the category of those today, but as far as the problem today, there is no retail store in America that who were brought here and grew up we are going to solve it. We are going doesn’t have a better sense of its inven- here, whether you signed up as a DACA to solve it in a way that lets kids who tory than we do of whether people who kid, you could still be part of that grew up here become part of the solu- have legally come into the country and overall discussion of how to stay, and tion. checked in with a Customs officer—we you still get to stay if we can come up I continue to be committed to don’t know if they have left. We with a solution for you to do that. strengthening our borders. I continue couldn’t tell you in weeks, perhaps, But we are not going to solve that to be committed to stemming the tide whether somebody is still here, even if problem and say: We will have a study of illegal immigration. Frankly, I con- they did everything exactly the way of the other problem to see what is tinue to be committed to the idea of they were supposed to do it. wrong. If by now we largely don’t know legal immigration as part of contin- This debate is largely driven by the what is wrong with the other problem, ually reinforcing and re-enthusing who most sympathetic of all of those we are never going to figure out what we are. But I am also committed to groups: that group of people who came is wrong with the other problem. finding a permanent solution for young here and were brought here by someone In 1986, long before the Presiding Of- people in that category who were else who entered the country ille- ficer or I came to Congress and maybe brought here, grew up here, haven’t gally—often by their own parents—but long before some of us graduated from gotten in trouble while here, and have have grown up in America. high school, we were going to solve this every reason to want to be part of the My first response, and I think the re- problem. Everybody who was here ille- American dream and part of the Amer- sponse of most Americans when they gally could stay if they wanted to, and ican people whom they have been part think about that, is that kids who grew the borders would be made secure. Here of up until now. up here, kids who went to school here, we are, over three decades later, still I hope we can find common ground on kids who haven’t gotten in bad trouble debating the same thing. a bill that does that. I hope we can pass while they were here, kids who have no We need to solve both of these prob- a bill from the Senate that the House real memory or connection with the lems. If we can solve other problems will also pass. If Senators think they country they were brought from—of while we are doing it, that is fine, too, have done their job by passing a bill course we want them to stay; of course but we need to come up with a solu- that can’t possibly pass the House, that we want them to be part of our econ- tion. There are a number of ideas out is just kicking the can down the road. omy. Because they are an even younger there as to how the Senate should We need to find a solution that really society than we would be without move forward. resolves this problem, and we solve this them, why wouldn’t we want that to On the DACA issue, it is important to problem by putting a bill on the Presi- happen? remember that President Trump said: I dent’s desk. To do that, we are going to

VerDate Sep 11 2014 00:53 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G14FE6.022 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S945 have to vote. We can’t do that by just the numbers. They found that a typical they proud that they voted against the having a quorum call or a vacancy here worker making $60,000 a year will get tax law? Are they glad they said no to on the Senate floor. We have to be will- an extra $112 in their paychecks every these sorts of raises that made it pos- ing to vote. month because of the tax law. That is sible for people in their home States to There are some things that I will en- over $1,300 for the year. To me, that is get the bonuses? thusiastically vote for and some things very good news for American workers. We know what NANCY PELOSI thinks. I will reluctantly not be able to vote I was at home in Wyoming this past She went out and first she talked about for. But that doesn’t mean that I weekend, traveling around the State, how the tax law was Armageddon, and should say: If I can’t be for whatever is and I am hearing about it in all the dif- then she said it was the end of the brought to the Senate floor, then I ferent communities I go to. People are world. Most recently, she said all the don’t want to vote on it or debate it. saying: This has been better for me and benefits people are getting under the We can’t continue to tune in to a va- my family personally. tax law, in her words, are just cant screen of the Senate floor. This is On top of this, a lot of workers are ‘‘crumbs.’’ ‘‘Crumbs,’’ she said. For her, the week that we have all committed getting special bonuses and raises be- it may be different, but for a lot of to having a real debate about solving cause of the tax law. So not only are Americans, a $1,000 bonus—certainly as many problems as we can that relate they getting more money because of for the people in my home State of Wy- to kids who were brought here and the fact that the tax rates have been oming—is much more than crumbs. An grew up here and solving that problem lowered, additionally, they are getting extra $1,300—I talked about the worker so other kids in these numbers are not more money because they have gotten earlier—in that paycheck is much more likely to face that problem in the fu- a raise or a bonus. It seems there are than crumbs. For a person with a start- ture. about 4 million hard-working Ameri- ing wage of $15 an hour, that is more As I yield, I hope the floor is filled cans who are getting bonuses of hun- than crumbs. over the next couple of days with a vig- dreds or even thousands of dollars as a It is bad enough Democrats tried to orous debate about the best way to result of the new tax reform law. They keep people from getting the extra solve the problem before us in a way are also getting extra money in their money—Democrats voted against it be- that the people we work for will feel retirement plans. They are getting cause they didn’t want people to get good about it and the people who are higher starting wages. We are seeing the extra money, it seems to me. It is most impacted by our decision will feel many places increasing the starting hard to believe they would continue equally the concern, the warmth, and wages, some up to $15 an hour. More this way and take pride in voting the desire of our country to have a vi- than 300 companies have said they are against it, but they did. Now it seems brant economy that has people who increasing all of these kinds of com- like Democrats want to insult people want to be part of it, able to be part of pensations as a direct result of the tax by saying what they are seeing and it, and particularly people who grew up law. what their benefits are, are resulting in in the United States of America to be In my home State of Wyoming, peo- crumbs. It is completely unfair, and I part of it. ple across the State are getting bo- think it is disrespectful to the Amer- I yield the floor. nuses—bonuses. These are people who ican people. The PRESIDING OFFICER (Mr. COT- work at Home Depot, Lowe’s, Walmart, These are just some of the cash bene- TON). The Senator from Wyoming. Starbucks, Wells Fargo, and other fits workers are getting from the tax TAX REFORM businesses that have familiar names to law. Republicans predicted, during the Mr. BARRASSO. Mr. President, it people across the country. They are debate over this law, there would be seems as though just about every day also people who are working in smaller other benefits as well. We said busi- we get more good news about the tax businesses, like the Jonah Bank in Wy- nesses would pay less in taxes, and relief law that Republicans passed. oming. It has branches in Casper and in some of them would be able to addi- This week, the news is getting even Cheyenne. It is not a nationally known tionally cut prices for consumers—let better for a lot of people all across the bank, but it is very important in our people buy things more cheaply. country. State and in our communities. Every Americans are starting to see this By the end of this month, 90 percent employee of this bank is getting a prediction come true as well. One of of workers across the country will see $1,000 bonus. The bank is also increas- the first places they are seeing it is in more money in their take-home pay- ing its giving in the communities in their utility bills. Gas, electric, and checks. It doesn’t matter where they which it has branches. Workers benefit, water utilities are cutting their rates are. They can be in Meeteetse, WY, and and the community benefits. because their taxes are going down they will see an increase in their pay- That is what happens when we under the law. In Vermont, the State’s checks this week. That is because this change the tax law so Washington gets only natural gas utility company is Thursday, February 15, is the deadline less and taxpayers get to keep more. cutting rates by more than 5 percent for employers to start using the new That is why I voted for this tax law— because of the tax law. Both of the IRS tax withholding tables. The IRS to give the kind of tax relief that made Senators from Vermont voted against tells employers how much money to these bonuses and these pay raises pos- the law, but it is the law Republicans withhold from people’s paychecks so sible. It is good for Wyoming, and it is passed that caused these rates to go that their taxes work out pretty close good for people all across the country. down. In fact, people living in at least at the end of the year. That is the way It is interesting—it is even good for 23 States and the District of Columbia it is set up. Well, the IRS looked at the people in States whose Senators voted are going to be paying lower utility new tax law and saw that people are against the tax law. Ninety percent of bills because of the tax relief law. An- going to be paying lower taxes at the people across the country are seeing other 26 States are looking into cut- end of the year, so they put out the the benefits no matter which State ting rates. Rates are going down in new tax tables. They told businesses to they are from. California, Maryland, New York, Mas- adjust how much money to withhold There is a business in Grand Rapids, sachusetts, Connecticut—States where from a person’s paycheck and to do it MI, called the Mill Steel Company. every Democratic Senator voted by February 15, tomorrow. For 90 per- They said last week that they are giv- against the tax law. cent of Americans, this tax amount is ing an extra $1,000 to their workers be- What do these Democratic Senators going to be lower, which means their cause of the tax law that every Repub- have to say now? Are they proud of the paychecks are going to be larger. A tax lican voted for and every Democrat fact they voted against the tax cuts cut is the same as a raise. That is what voted against. Now, 400 people at that that made it possible for people to have we are seeing all across the country— company are getting a bonus. lower utility bills in their States? people getting a raise in their pay. Michigan has two Democratic Sen- When people’s monthly bills get cut, it Some people have already gotten a ators. They both voted against the tax is like a pay hike—more money in paycheck with the new, higher wages. relief law. It still led to $1,000 bonuses their own pockets. They have more Others are going to get it very soon. for these 400 workers. What do the Sen- money to either save or to spend on The website Yahoo Finance crunched ators have to say about it now? Are other things or to invest.

VerDate Sep 11 2014 00:53 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G14FE6.023 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S946 CONGRESSIONAL RECORD — SENATE February 14, 2018 The owner of a gym in , American dream without fear of depor- Japan, become the first American OH, spoke with his local television sta- tation. Right now, these young people woman to land a triple axel in the tion about what tax relief means for who were brought to this country as Olympics during her appearance in the him. He said: children are terrified they will be sepa- team figure skating competition. Yes- When people have that extra money to rated from their families and the lives terday, we saw Maame Biney, who im- spend, they spend it. they have built here, in the only coun- migrated to the United States from Some save it. try they know and love. Ghana, take to the ice to compete in They go out to eat. They buy gym mem- I have met and spoken with so many the short track speed skating. berships. And they enjoy themselves. Dreamers in the Halls of Congress Two nights ago, I watched Chloe Kim People have that extra money to these past months. Their focus, deter- throw down a near perfect score in the mination, and commitment in this spend now, today, because of the tax women’s snowboard halfpipe to win the fight continues to be extraordinary and law Republicans passed. They have the Olympic Gold Medal. After completing inspiring. Each Dreamer has a different extra money despite every Democrat in her history-making run, the cameras story to tell, but they all share a pro- this body voting against tax relief. panned to her father Jong Jin Kim, foundly simple aspiration—to live, Every one of them said no. They all who proudly waved his ‘‘Go Chloe’’ sign work, and study in the only country voted no. Democrats who voted no to in the audience. they have ever called home. tax relief for American families essen- Jong arrived in California in 1982 When you sit and listen to their sto- with $800 in his pocket. He worked for tially voted yes to keep the extra ries, it is not difficult to understand money in Washington so they can de- years at minimum wage jobs to save why between 80 and 90 percent of Amer- for college. While studying at El Ca- cide how to spend it. icans support protecting these Dream- I have much more faith in people at mino College, he worked as a heavy ers—people like Karen, Maleni, and Be- machinery operator at night. Jong en- home in Wyoming deciding how to atrice, who can attend the University spend their money than any faith I couraged Chloe to begin snowboarding of Hawaii because of DACA; people like when she was 4. They would jump off have in Washington, DC. For so many Victor, from Houston, who aspires to Americans, every dollar helps, and the lifts together, but because he didn’t become a counselor for LGBTQ youth know how to snowboard, they would they are not crumbs. Democrats may like him; and people like Getsi, from tumble to the ground. Jong bought not know the difference, but the Amer- Oregon, who works three jobs so she Chloe her first snowboard on eBay for ican families do. People in every State can pursue her dream of becoming a $25. When Chloe was 8, Jong quit his of this country know the difference. nurse practitioner to care for our sen- job as an engineer to support her The American people understand iors. These inspiring young people snowboarding career. He would often what Republicans did with this tax don’t need to hear any more promises. wake up at 2 a.m. in the morning to law. They are seeing more money in They need Members of Congress to put drive Chloe over 300 miles to her prac- their paychecks, more take-home pay, their votes where their mouths have tices. more money to decide what to spend been and do the right thing. and what to invest and what to save. Like many of my colleagues, I After watching his daughter win the They know Republicans promised to strongly support passing a clean Dream Olympic Gold, Jong said in Korean, cut people’s taxes. People know Repub- Act—legislation that already has bi- ‘‘When I came to the United States, licans delivered on the promise. They partisan support—but it is critical that this was my American hope. Now, this know the benefits they have gotten al- we get to the 60 votes we need to pass is my American dream.’’ ready, and they are confident the econ- a bill. I am open to discussing different In reflecting on her father’s sacrifice, omy will continue to grow stronger day provisions, including some funding for Chloe said, ‘‘My dad has definitely sac- by day. border security to help us get there. We rificed a lot for me, and I don’t know if People across the country also know can and should have a debate on com- I could do it if I was in his shoes, leav- the fact that every Democrat voted prehensive immigration reform but ing your life behind and chasing your against this law, voted against giving only after we pass legislation this week dream because your kid is passionate them a tax break, voted against allow- to protect the Dreamers. We cannot about this sport. I think today I did it ing them to keep more of their hard- and should not use this debate to pro- for my family, and I am so grateful to earned money. The American people vide cover for efforts to dismantle the them.’’ know who took their side, who voted family-based immigration system or to Chloe’s story of winning the Olympic for the American public versus who make massive cuts to legal immigra- Gold is extraordinary, but her father’s said no. Hard-working Americans tion. story speaks to a deep and abiding asked us to do a job for them. Repub- The President and a number of col- foundation of America and to my per- licans are doing the job; Democrats in leagues have made it clear they would sonal experience as an immigrant. Washington certainly are not. Repub- like to eliminate family-based immi- My mom also came to this country— licans are going to keep doing that job gration in favor of a system that is de- poor and without skills to escape an for the American people—a job we have signed only to recruit immigrants with abusive marriage—to give her three promised and a job which we have de- advanced degrees and specialized skills. children, of which I am one, a chance livered. It is important for the United States to at a better life. Like Jong and Chloe, I yield the floor. recruit highly skilled immigrants, and one generation after my mom came to I suggest the absence of a quorum. we have a number of immigration pro- this country, I am standing on the The PRESIDING OFFICER. The grams that are designed specifically for floor of the U.S. Senate, fighting for clerk will call the roll. this purpose, but when you restrict im- humane immigration policies. The bill clerk proceeded to call the migration only to people with highly These stories speak to the broader roll. specialized skills or advanced degrees, immigrant experience in our country. Ms. HIRONO. Mr. President, I ask you lose out on a lot of human poten- We work hard and embrace the oppor- unanimous consent that the order for tial that has historically contributed tunities this country provides, and we the quorum call be rescinded. so much to our country. We don’t have often see the result of this hard work The PRESIDING OFFICER. Without to look far back into history to prove within a single generation. objection, it is so ordered. why this statement is true. I would ask my colleagues: Do you Ms. HIRONO. Mr. President, it is Over the past week, the Olympics has think the United States would be bet- time for the Senate to do its job as a captured the excitement and imagina- ter off if we prevented immigrants like separate branch of government. tion of people across the country—in Jong and me from coming to this coun- This week, we can come together on fact, the world. Many of the people we try? Targeting immigrants for dis- a bipartisan basis to resolve the crisis have been cheering for are either the criminatory and harsh treatment is de- Donald Trump created when he can- children of immigrants or are immi- nying our country’s history. With the celed DACA. We can provide hundreds grants themselves. exception of our original peoples, ev- of thousands of young people in our Over the weekend, we saw Mirai eryone came to our country from some- country their shot at pursuing the Nagasu, whose parents emigrated from where else. We are fighting to preserve

VerDate Sep 11 2014 00:53 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G14FE6.025 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S947 the spirit of our country—that shining someone answers the call of duty, fam- Trump’s deportation policy, she is city on a hill. ily members make sacrifices too. I sup- going to be ripped apart from her chil- I yield the floor. port Senator HIRONO’s Filipino Vet- dren and sent back to a country that I suggest the absence of a quorum. erans Family Reunification Act, a bill she fled. The PRESIDING OFFICER. The that would expedite the visa process These are the people Donald Trump clerk will call the roll. for Filipino World War II veterans’ im- wants to throw out of their homes. The senior assistant legislative clerk mediate relatives. We should honor the They are not asking for special treat- proceeded to call the roll. sacrifices that veterans and their fami- ment or handouts or giveaways. They Ms. CORTEZ MASTO. Mr. President, lies make by passing this bill, not by just want to be allowed to stay and I ask unanimous consent that the order forcing them to wait in perpetual work hard and provide for their fami- for the quorum call be rescinded. limbo. lies. They don’t want to have to go The PRESIDING OFFICER. Without Our immigration system reflects our back to a place where they will have to objection, it is so ordered. national commitment to the strength live every day in fear for their lives Ms. CORTEZ MASTO. Mr. President, and importance of the family unit. and for their children’s lives. like my colleagues from whom we are Families are support systems. They This President will tell you that im- hearing today, I also rise to talk about pull each other up when someone is in migrants are taking jobs. That is a the importance of protecting the need and pull together their resources. myth. It is a lie that has been spread Dreamers, not just in the State of Ne- Strong families build strong commu- about every immigrant group in Amer- vada but across this country. nities. ican history, and it has been repeatedly I want to talk specifically about a Karl is a 20-year-old Filipino-Amer- debunked by economic research. Ac- term that I constantly hear during this ican community organizer born and cording to the National Academy of debate on how we need to protect raised in North Las Vegas. Karl’s whole Sciences National Research Council, a Dreamers and at the same time address family is committed to community typical immigrant family will pay an this issue of ‘‘chain migration.’’ I call service. While attending high school, estimated $80,000 more in taxes than on my colleagues and President Trump Karl’s brother volunteers at an organi- they receive in public benefits over to really stop using that term and to zation that serves the homeless. Karl’s their lifetime. abandon the offensive and misleading mother teaches special education in Immigrant families bring long-term term of ‘‘chain migration’’ because it North Las Vegas to low-income chil- economic benefits to our country by paints a picture that does not reflect dren. Karl’s dad is a mechanic and a starting businesses, purchasing prop- reality. military veteran, having served this erty, and supporting the education and achievement of their children. Re- Immigrants cannot sponsor their en- country in multiple branches of the search shows that immigrants drive tire families to come here. Our system armed services. None of them would be growth. They generate new patents at of family-based immigration allows here if not for our family-based, legal twice the rate of native-born Ameri- American citizens and green card hold- immigration system. ers to petition for some of their imme- Some of my Republican colleagues cans. In 2014, they earned $1.3 trillion diate family members to join them in claim to be champions of strong, nu- and contributed $105 billion in State the United States. There are numerous clear families and family values. Yet and local taxes and nearly $224 billion in Federal taxes. Immigrants are 30 steps families must take to legally im- here we are today, considering a meas- percent more likely to start a business migrate to the United States. It is a ure that would tear apart families like in the United States than non- long and arduous process that leaves Karl’s, that would leave parents with- immigrants, and 18 percent of small husbands, wives, parents, brothers, and out children, sisters without brothers, business owners in the United States sisters waiting for decades. This sys- and husbands without wives. Why does are immigrants. They create jobs right tem is so broken and slow that many the party of family values think that is here in the United States. Jobs are not people die before they ever have the acceptable? the problem here. chance to be reunited with their loved The problem is that the party of Don- The problem is the color of immi- ones again. ald Trump is not the party of family grants’ skin. We have a President of So this image of immigrants coming values. Donald Trump doesn’t care the United States who has wondered in endless chains across our borders about families. He wants to be able to out loud why we can’t have more couldn’t be further from the truth. For pick and choose which families get to Whites come to this country. President instance, the U.S. Citizenship and Im- come in and which have to stay out. Trump denies being a racist. For a non- migration Services is currently proc- The White House immigration plan we racist, he has done a shockingly good essing visa applications for the siblings are considering would cut legal immi- job of cultivating support among White of U.S. citizens from 1994. That is 24 gration by up to 44 percent. That is supremacists. years ago. This backlog is painful for half a million more immigrants who This is not about the color of people’s many American families, like Fely. would be banned each year. This is one skin, but this is about family. This is Fely is an immigrant from the Phil- of the largest xenophobic-driven cuts about strong nuclear families and fam- ippines who arrived in the United to legal immigration since the 1920s. It ily values. I am proud of who I am, States with her husband and her would affect nearly 22 million people where I came from, and I am a descend- youngest son back in 1989. Her father over the next five decades. What is ant of immigrants. But I also learned was a veteran who served in World War going on here? What are they so afraid and believe in strong values and strong II, earned his citizenship, and peti- of? family values, and we lead with those tioned to have Fely join him in the I recently sat down with immigrant values. So our immigration system U.S. workers in the Senate and the Pen- should reflect our national commit- In the almost three decades since tagon who are about to lose their pro- ment to the strength and the impor- then, Fely has worked tirelessly to re- tections from deportation. One of them tance of that family unit and those unite with her other children. Now at told me that she left El Salvador after family values. 80 years old, she is still waiting and seeing her husband brutally murdered It makes no sense to me that we are hoping that three of her children will in front of her and her son. She has fighting today to protect these kids make it through the backlog to join been working for the Federal Govern- and keep them in this country and her at home. Her story shows us that ment for the past two decades, serving then take their parents and rip them sponsoring even your closest family the very men and women who are pre- out of their homes and send them back members is a lengthy and difficult paring to vote to send her back to the to a country that they do not want to process. Tragically, Fely’s struggle is country she fled with her children. go to, that they do not call home, and not uncommon. Thousands of Filipino I also spoke with a Dreamer who where their safety is called into ques- veterans all across this country are in works right here in the Senate cafe- tion. I don’t understand that as a fam- the same situation. teria. She is the sole provider for her ily value or as an American value. As a daughter and granddaughter of three American-citizen children, and So I ask my colleagues, when we are veterans, I know firsthand that when she, too, is afraid that under Donald talking about the immigration system

VerDate Sep 11 2014 00:53 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G14FE6.026 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S948 CONGRESSIONAL RECORD — SENATE February 14, 2018 and protecting Dreamers, let’s imple- to create positive change in students’ Mexican’s editorial board said: ‘‘It is ment commonsense immigration re- perspective of themselves. no to state that as the form. Let’s make sure that when we Ivonne attended the University of immigration debate goes, so does her are protecting Dreamers, we are also New Mexico, where she earned her BA future.’’ protecting their family unit and those in secondary education with a con- They went on to call the immigra- family values. This is not about pitting centration in Spanish. It is estimated tion debate we are engaging here in parents against their kids or having that somewhere between 500 and 1,000 Congress as a fight ‘‘for the soul of this kids decide whether they should stay students at the University of New Mex- country, founded and strengthened by here or their parents should. ico right now are Dreamers like immigrants throughout our history.’’ No child should have to go to school Ivonne. These are some of our brightest I, for one, hope that we can learn concerned that when they come home, students, and they are our future lead- from the best and most challenging their parents may not be there. I don’t ers. Since she graduated from UNM 4 parts of our Nation’s history of immi- know about you, but I went through years ago, Ivonne has been teaching gration and understand that Dreamers the public school system in the State Spanish at the Public Academy for like Ivonne are part of the immigra- of Nevada, and I was always, always Performing Arts, a charter school in tion story that has always made our comforted with the thought that when Albuquerque, NM. Nation great. Deporting these young I walked through that door, my mother Ivonne told me what DACA has people who grew up in America and and father would be there. Any other meant for her. DACA allowed her to want to contribute to their Nation is way to treat these children and their get a work permit, to follow her pas- not what the America that I know and families, to me, is inhumane. They are sion for education. It made it possible love would do. Dreamers deserve com- not values that we stand for as Ameri- for her to buy a home and her first car. monsense, compassionate, and respon- cans, and they are not values that we It has also given her an opportunity to sible policy. lead with when we are talking about impact the lives of her students each Two weeks ago, while President commonsense reforms to immigration. day and to contribute to our State’s Trump was taking cheap shots at im- So I ask my colleagues: Please, as we economy as a teacher and as a tax- migrants during his State of the Union go through this debate, remember who payer. DACA gave Ivonne, in her Address and insinuating that all immi- we are talking about. There are faces, words, ‘‘a sliver of hope’’—hope that grants and asylum seekers pose an ex- there are families, there are people be- she will finally be able to have a per- istential danger to our children and hind the very decisions that we make manent home and a place in the only our families, I couldn’t help but think this week. country that she knows how to call of the impacts of his words on Ivonne Thank you. home. as she sat in the Gallery. There are I yield the floor. Because of her excellent teaching in hundreds of thousands of Dreamers like The PRESIDING OFFICER. The Sen- the classroom and her incredible pas- her. They are truly bright spots and ator from New Mexico. sion for her students, Ivonne was just rising stars in our communities and in Mr. HEINRICH. Mr. President, I ask selected as the 2018 New Mexico Teach- our country, and the time has come for unanimous consent to speak as in er of the Year by the New Mexico Pub- us to stop playing politics with their morning business. lic Education Department. That is lives. Let’s stop stirring up fear and di- The PRESIDING OFFICER. Without right; Ivonne has been recognized as vision when we should be working to objection, it is so ordered. the teacher of the year for our entire find a real path forward. Mr. HEINRICH. Mr. President, as the State. This week, I believe we have a path Senate takes to the floor to debate a Ivonne’s commitment to education forward here in the Senate in this de- long-overdue, bipartisan solution for and to giving back to her community is bate, and we must pass a bipartisan im- Dreamers—young immigrants who truly inspiring, and it reminds us just migration bill that includes the Dream came to our country as children—I how much is at stake for New Mexico Act in the Senate and in the House. I would like to tell you a story about and our country in this debate. Our will do everything I can to pass a solu- one Dreamer in my home State of New State already struggles to keep schools tion for Dreamers, to create rational Mexico to illustrate what is at stake filled with teachers and has one of the border security policies, and to make here this week. highest teacher turnover rates in the the investments that our border region Immigrants have long helped to write Nation. Dreamers across the country, and its communities actually need. the economic, social, and cultural like Ivonne, are stepping up to serve I will stand with New Mexicans story of my home State of New Mexico our communities, to teach our stu- against President Trump’s fear-based and, for that matter, our entire Nation. dents. and un-American views, frankly, on We are, after all, a nation of immi- Nearly 9,000 of the Dreamers who re- immigration and his offensive and grants. Over the last centuries, our Na- ceived temporary legal status and work wasteful border wall that have no place tion’s foundation and the enduring permits through the DACA Program in this debate. American spirit were built by the hard are teachers like Ivonne. Many more I hope that each of us in this body work and the dreams of so many striv- are firefighters; they are police offi- recognizes our moral responsibility and ing young immigrants. cers; they are scientists; they are doc- our obligation to live up to our Na- When President Trump made the out- tors; they are members of our military. tion’s ideals and its values. We must rageous decision last fall to end the De- These inspiring young people are act with a sense of urgency to find a ferred Action for Childhood Arrivals Americans in every sense of the word, way forward for these Dreamers. Every Program—DACA—he threw hundreds of except for a piece of paper, and they day that passes without our passing thousands of Dreamers deep into fear want nothing more than to be produc- the Dream Act is another day of des- and uncertainty. Two weeks ago, I was tive members of their communities. peration and limbo for young people proud to welcome Ivonne Orozco- But until Congress passes the Dream like Ivonne who only know America as Acosta, one of the estimated 7,000 Act, these young people like Ivonne their home. Now is the time to give Dreamers from New Mexico, as my will continue to worry about whether these young Americans a permanent guest at the State of the Union Ad- they will be able to stay in school, place and an earned path to citizenship dress. keep working, contributing to our in our Nation. I will do everything I Ivonne’s family immigrated to the economy, or remain even in their can every step of the way to make that United States when she was 12 years homes and their neighborhoods. happen. old. She learned English through mid- I have to ask: Why would we even Thank you, Mr. President. dle school and graduated from high consider threatening to deport the The PRESIDING OFFICER (Mr. school in Estancia, NM. It was during teacher of the year from my State? I TOOMEY). The Senator from Con- these challenging years of learning simply cannot accept that as living up necticut. that Ivonne was encouraged by her to all that our Nation stands for. SOUTH FLORIDA SCHOOL SHOOTING teachers to grow and to learn. Ivonne The Santa Fe New Mexican covered Mr. MURPHY. Mr. President, as we knows the power that educators hold Ivonne’s visit to Washington. The New speak, there is a horrific scene playing

VerDate Sep 11 2014 01:56 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G14FE6.028 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S949 out in a high school in South Florida. migration into this country because he grants, such as by deporting unauthorized Turn on your television right now, and sees immigration as a core weakness of workers, would most likely destroy jobs and you will see scenes of children running this country. He views new entrants to raise native unemployment. for their lives—what looks to be the America as an economic drain. That is That makes sense, right? But if you 19th school shooting in this country, why he wants to potentially kick out 3 don’t believe that immigrants create and we have not even hit March. million Dreamer kids next month if we growth, there is another, even simpler I am coming to the floor to talk don’t act. That is why he wants to dra- explanation as to why we need robust about something else, but let me note matically cut down the number of peo- immigration. At present birth rates, once again for my colleagues that this ple who are allowed to legally immi- we don’t have enough people born here happens nowhere else other than the grate to America. He views immigrants to fill all the jobs that are going to be United States of America, this epi- as a problem that needs to be dealt created in the next 20 years. It is esti- demic of mass slaughter, this scourge with. And he is not alone. Many Ameri- mated that, accounting for growth, of school shooting after school shoot- cans agree. I, frankly, hear from them America is going to need 83 million ing. It only happens here, not because regularly in Connecticut. new workers to enter the workforce in of coincidence, not because of bad luck, Frankly, one could also argue that the next 20 years. But here is the prob- but as a consequence of our inaction. there is nothing more American than lem. Only 51 million new workers will We are responsible for the level of mass being scared of immigrants. Every sin- be native-born. That leaves us 32 mil- atrocity that happens in this country gle new wave of immigrants to our lion short. Unless folks start churning with zero parallel anywhere else. shores has been met with some degree out a lot more babies, immigration is As a parent, it scares me to death of fear and derision and prejudice. Like the only way to fix that deficit. that this body doesn’t take seriously clockwork, every generation or two, Not convinced? Well, think about the safety of my children, and it seems American politicians denounce immi- how the Federal budget works. Most of as though a lot of parents in South grants as a threat to the American- our budget is social insurance—work- Florida are going to be asking that born worker. ing-age Americans paying into ac- same question later today. In the 1850s, growing numbers of counts that pay benefits to older, non- We pray for the families and for the Catholic immigrants from Ireland—as working Americans. You need a bal- victims. We hope for the best. the Murphys came—and from Germany ance between the two in order to not Mr. President, I came to the floor led to an anti-immigrant party arising go bankrupt. Many of our competitor today to talk about immigration. I in this country that elected more than nations around the world are spiraling want to make a specific case to you 100 Congressmen, eight Governors, and toward this demographic cataclysm. today, but before I do, I want to talk a thousands of local politicians. They By 2030, the median age in Japan, with little about process. strict immigration policies, is going to I heard a lot of my friends on the Re- claimed that Catholics could never be be over 50. It is extraordinary. Do you publican side of the aisle say on this Americans because they owed alle- want to know why Germany is so inter- floor and in the Halls of Congress that giance to the Pope. ested in bringing refugees into their President Trump has made an immi- Starting in the 1880s, hundreds of country? Because without them, their gration proposal and Democrats have thousands of Chinese immigrants been asking for an immigration pro- began to immigrate to the west coast, median age in 2030 will be 48. Budgets posal, so we should just accept his first causing a spike in anti-Chinese senti- simply can’t work with that many re- and only offer. What is the big deal? ment that eventually resulted in the tirees and that few workers. Because of President Trump gave you something passage of something called the Chi- America’s liberal immigration policy, that says ‘‘immigration’’ on it. Why nese Exclusion Act. our average age, which today is 38, will aren’t you accepting it? Fearing those who are different from increase in 2030 to just 39. During that It is a terrible proposal. It is bad for us in skin color or religion or national time, China—another country that America. To his credit, President origin or language is an unmistakable doesn’t really allow immigration—will Trump does attempt to try to deal with facet of American history, but over and go from having a median age that is 2 these Dreamer kids, but there are 3 over again, we have overcome these years younger than that of the United million potentially eligible individuals base instincts because our better an- States to 3 years older. in this country, and it only allows gels prevail but also because of this In 2010, undocumented immigrants about 1.8 million of them to get bright, straight line that connects and their employers sent $13 billion to through the process. America’s liberal immigration policy Social Security. Without them, the But that is really not the worst part. with our economic greatness. trust fund would be out of money The worst part is that it cuts legal im- I want to take just a couple of min- today. migration by 40 percent. It basically utes to make for you a compact but ir- You are not there yet? Let’s talk abandons this country’s commitment refutable case for the correlation be- jobs. Just ask your farmers in your to family-based immigration. I tween economic power and American State how important lower skilled im- wouldn’t be here if we only had skills- immigrants. migration is to keeping their farms based immigration. Most Members of From 1870 to 1910, it is no coincidence afloat. But let’s talk about high-skilled this body wouldn’t be here if the only that America’s transformation into a jobs. Would it shock you to know that way that your parents or grandparents global economic powerhouse occurred 31 percent of Ph.D. holders in this or great-grandparents could have come during a period of massive influx of country are immigrants? It is amazing. here is because of a Ph.D. or a degree human capital. During that time, near- And more than one-quarter of all high- or a certificate. Most of the people in ly 15 percent of all Americans were for- quality patents in the United States this Chamber, I would imagine, are eign-born. That is a share that our are being granted to immigrants. here because their parents or great- country has never reached since then. How about a study from 3 years ago grandparents or great-great-grand- This period of unprecedented growth that Senator CORTEZ MASTO referred to parents came here because they had forever dispelled the myth that we still that found that immigrants are twice friends or family here. Let’s not re- labor under today that the number of as likely as native-born Americans to imagine the history of this country. American jobs is fixed. Immigrants in- start a business. That is not good Democrats aren’t obligated to accept crease demand, and that increased de- enough for you? Here is a mind blower: the first offer from this President if it mand creates jobs. 43 percent of Fortune 500 companies in is not good for America. Negotiation Organizations from the National the United States were founded or co- still has to be part of the legislative Academy of Sciences to the conserv- founded by an immigrant or a child of process, and I am glad there are Mem- ative Cato Institute have done their an immigrant. You know who they are. bers of the Republican and Democratic own studies on this question and have The founder of eBay came to the caucuses who have been trying to do come to the same conclusion. United States from France, where he that. We will see where that goes. Cato recently said this: was born to Iranian parents. Google’s The President has put this proposal Immigrants add jobs, in part by raising cofounder, Sergey Brin, emigrated with on the table that dramatically cuts im- consumer demand. So getting rid of immi- his family from Russia when he was 6.

VerDate Sep 11 2014 01:56 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G14FE6.030 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S950 CONGRESSIONAL RECORD — SENATE February 14, 2018 Elon Musk, who started SpaceX, which of Representatives that probably would gress ought to make it. We were told has 4,000 employees, came from South have died, but I made up my mind on September 5 to do something by Africa. Daniel Aaron, who cofounded early in my chairmanship that I want- March 5, and here we are. Comcast, was a refugee of Nazi Ger- ed to do things that we could get I heard from the previous speaker— many. Henry Ford was an Irish immi- passed. So over the period of the last and maybe a lot of speakers—that this grant. Estee Lauder’s family was Hun- Congress, my committee voted out 31 is the President’s plan. Yes, this is garian. Herman Hollerith, one of the bills, all bipartisan, and 18 of them got something that the President said that founders of IBM, had German parents. to a Democratic President. In 2015 and he is going to support and will sign, You don’t want Ford or IBM or Google 2016, I felt, why go through that proc- but I want to say to you that the work to be part of the American story? Then ess if it is going to die in the House of that a group of us Senators have put keep saying immigrants are an eco- Representatives? into this issue over a period of the last nomic drain. Now, a year later, after the election 3 months, with about 18 meetings, 4 Margaret Thatcher once marveled of of a President who campaigned so meetings with the President of the America: ‘‘No other nation has so suc- much against anything dealing with United States to discuss the issue— cessfully combined people of different immigration and legalization of people most of what is in the proposal that is races and nations within a single cul- who are here—even young people, put before you are things that a group ture.’’ This combination is our defini- whom he has now come to the conclu- of Senators put together. I would say tion as a nation, but it is also the story sion we ought to legalize—I didn’t that as our group met, we probably had of our economic greatness, of our think we would be having this debate, subgroups of three who had different sprawling leap in under two short cen- and somehow I think Members of the views, and some of them felt strongly turies from an idea to the biggest, Democratic Party didn’t think we about their positions, but everyone most dynamic economy on the face of would be having this debate. I think came together in a compromise that the planet. To deny that history or to they probably were shocked 2 or 3 you see here before us in my amend- misremember it would be perhaps an weeks ago when the government shut ment. irreversible error. down and when the majority leader de- In some of those meetings, we dis- I yield the floor. cided to make an agreement to bring cussed these things with the President, The PRESIDING OFFICER. The Sen- up this issue. But here we are, debating and I want to give the President credit. ator from Iowa. an immigration bill that, quite frank- In a January 9 meeting that he had Mr. GRASSLEY. Mr. President, some ly, I didn’t think we would be debating. where he called together 23 of us—bi- of what I just heard, I can readily agree Here we are. partisan and bicameral—we were able to. Certain things, such as that we are Then, of course, we didn’t do any- to dial down all the things that we a nation of immigrants—no doubt thing Monday. We didn’t do anything would be discussing on immigration, about that. We need immigrants. We on this issue Tuesday. I don’t know and we came to the conclusion that take roughly 800,000 to 1 million legal whether we are going to have any votes there were four main points that we immigrants a year. They are welcomed. today, but here we are debating immi- ought to be dealing with. You have We also, though, are a nation of laws, gration. We have a chance to do what heard of these as the four pillars, but and as a nation of laws, we want people Members of the other political party, let me repeat them. to come here according to our laws and as advocates for Dreamers and DACA No. 1 was legalization of these chil- abide by the laws. kids—and we have them on this side dren who were brought here by their We are working with a group of peo- but maybe not as vocal or as loyal as parents; No. 2 was border security; No. ple. If you call them DACAs, it would Democrats are on this issue. Somehow, 3 was chain migration; and No. 4, diver- be about 800,000. If you refer to them as we are now having a difficult time get- sity visa. We discussed these things Dreamers, it is maybe 1.8 million. We ting the issue up and getting some- with the President, and I suppose the obviously have sympathy for them be- thing passed. President probably emphasized citizen- cause as a baby brought here in diapers I offer to my 99 colleagues something ship to a greater extent than maybe we by a person or family who crossed our the President said he would sign. did in our deliberations, but we have border without papers, hence entering Maybe you don’t like exactly what is something that has been put together our country illegally—we don’t at- in that proposal. Then get it up and by Members of this body who have tribute the sin and the unlawfulness of amend it, and let’s see what sort of compromised, with none of us getting the parent to the baby. A lot of that compromise we can accomplish. But we everything we wanted. We are fortu- has happened. are here because the leader said that nate enough to have the President’s There is a general agreement—maybe we are going to work on this issue. It backing on this. not everybody in my political party was something that the minority de- So I hope that you see this, not as we agrees with this, but I think 80 percent manded. We ought to reach a conclu- have heard from the other side as the of them do—that we need to deal with sion on it and get something to the President’s plan—as if seven of us who people who are here through no fault of President of the United States. introduced this proposal somehow just their own and give them legal status. Once we knew that this issue was took something from the White House That is the compassion we are showing going to come up—and we knew that and put our names on it, and it is here for people who broke our laws by their on September 5 when the President before the U.S. Senate—because that parents doing it but not the kids doing said that he was not going to continue isn’t how it worked. it. the illegal approach to the DACA kids I want to address some of the issues I also didn’t ever think we would be that President Obama did. We have that have been put before us by people here today debating this because I reason to believe this from court deci- on the other side. I want to express—as went through the 2013 debate on immi- sions on older people where they ruled you probably have seen me expressing gration. The Senate passed a bill; the that the President didn’t have the au- already in my remarks so far—my frus- House of Representatives didn’t take it thority to do what he did with the tration with the current status of the up. I was in the minority at that time, DACA kids. In fact, at least a dozen immigration debate here in the U.S. both in the caucus that was in the mi- times before he made that decision, he Senate. It amazes me that my col- nority as well as in the minority that was telling the entire country he didn’t leagues on the other side of the aisle voted against that bill, because I didn’t have the authority to do it, and then simply aren’t ready to have a serious think it did things the way I would do he went ahead and did it. immigration debate. They have been them. Everything died in the House of So this President comes in, takes an demanding to have this debate for Representatives. Then, 2 years later, I oath to uphold the Constitution and months. They have even shut the gov- became chairman of the Judiciary the laws of this country, and he decides ernment down to get to this point, and Committee. We have jurisdiction over that he can’t continue what was con- now we are actually on this issue that immigration legislation. I could have sidered illegal activity by the previous they have been demanding that we de- spent 3 months on immigration during President. This is a congressional deci- bate for months during this Congress— 2015 or 2016 and sent a bill to the House sion that needs to be made, and Con- some on the other side of the aisle for

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The Senate Demo- ous about debating this issue, we would President, and they will provide real crats recklessly shut down the Federal be discussing border enforcement. security and real certainty to the Government over immigration, and Sadly, it seems as though the plans DACA recipients and the American they did it over plans that they still that I have seen so far from my col- people. largely haven’t drafted. That should be leagues fall short of that goal. In fact, it is so simple for some on very frustrating, not only to this Sen- Legalizing Dreamers—yes, who is the other side who have been promising ator but to most of my colleagues, and going to argue with that? A little bit of DACA certainty for years and some for it is exactly why the American people money for border security—there is a a few months, but, more importantly, seem to have less faith in this process lot to argue about there. But not doing really strongly over the last three or in Washington, DC. Even more frus- something about criminal aliens who four months. It is an opportunity for trating is that for 2 valuable days, they are a threat to law enforcement in this everything you have told those kids, have refused to allow the Senate to de- country and to the safety of our coun- including that you are going to get bate immigration measures. try—it seems to me that ought to be a them legal and even give them a path I do understand why the Democrats part of it. to citizenship that you can deliver. are afraid to vote on ending sanctuary So we get all the people in this room I yield the floor. cities. Those policies of sanctuary cit- who say they want to do something The PRESIDING OFFICER. The Sen- ies are massively unpopular with the about border security by throwing ator from Pennsylvania. American people. In other words, the money at it; yet they refuse to actu- Mr. CASEY. Mr. President, I rise to American people feel that when the ally give our law enforcement the legal speak about the issue that we are deal- Constitution says that immigration tools that they need to protect Ameri- ing with on the floor, and I am grateful law is one of the 18 powers of the cans. Just a wall or whatever you want for this opportunity. United States, then no local or State to call it—electric surveillance, more I wanted to first of all stress the crit- government should be able to interfere border patrol—it is all border security, ical urgency that we act to protect with what the Constitution says is the but it is more than a wall. It takes America’s Dreamers. The United supreme law of the land. more than just those things to protect States is a proud Nation of immi- I can’t understand why, for 2 days, the American people. grants. Yet in September the adminis- Democrats have refused to allow us a I am here to tell you that it is a trag- tration insulted our values by an- debate on an issue like sanctuary cit- edy that some people in this body just nouncing a decision to end the Deferred ies. That amendment would help us want to legalize some people for 1 year, Action for Childhood Arrivals Pro- keep our communities safe from dan- 2 years, or 3 years and put maybe a lit- gram, which we know by the acronym gerous criminals, besides carrying out tle bit of money into border security DACA. the intent of the Constitution that the with no commitment to the future. Dreamers are young people who have Federal Government has complete au- Then all we have done is kick the can lived in our country since they were thority over immigration. down the road. children. They are law-abiding resi- Who could be against an approach to Worse still, none of my colleagues’ dents who have learned English. They send a signal that sanctuary cities proposals are being developed in a way have paid taxes, and they have secured aren’t justified when that is how to that they can actually become law. jobs to support themselves and their protect the American people from the Maybe for them, simply passing a par- families. Our government promised criminal elements that some sanctuary tisan bill is enough. Leader SCHUMER them that they would be protected if cities protect? Apparently, the Demo- said that this morning, and I was here they came forward, and now the admin- crats are, since they don’t seem to be listening to him. But that is not istration, at least so far, has broken for outlawing sanctuary cities. enough for this Senator. This Senator that promise. I guess another way to say it is that actually wants to see something passed Democrats have been fighting for they could do more to protect hard- into law that will provide real protec- something on the Dream Act since the working Americans from the criminal tion for DACA kids. administration first announced its de- element that is, albeit, a small part of That is why I have offered an amend- cision on DACA more than 5 months the immigration community we are ment that could actually pass the ago. We have yet to vote on a single talking about, but it still creates havoc House of Representatives, and we know piece of bipartisan legislation to pro- for people like the Steinle family, for the President would sign it. Polls show tect Dreamers. I do, however, commend example, where Kate was murdered by that the framework a number of us de- the bipartisan work of a number of my an alien who was a felon who had re- veloped, along with the President’s colleagues in both parties who have turned to this country not once but input, is overwhelmingly popular. A come to the table to draft legislation five times. Harvard Harris poll showed that 65 per- that protects Dreamers and secures our In other words, I have to ask my col- cent of the voters agreed with our plan, border. leagues whether enforcement issues are including 64 percent of Democratic vot- With hundreds—soon to be thou- legitimately a part of the immigration ers. So despite the hyperbole we hear sands—of Dreamers losing protection debate, and that is what the sanctuary from our colleagues, the plan that the every day, it is critical that we come city situation is all about. Isn’t border President said he would sign is not together to pass bipartisan legislation security more than just throwing only popular, but, again, it is the only that will provide permanent protec- money at infrastructure? Shouldn’t we plan that has any chance of becoming tions for these remarkable young peo- be discussing how to reform our Na- law. ple. Dreamers are deeply integrated tion’s laws so that dangerous criminal It is time for all of my colleagues to into communities across Pennsylvania, elements can’t inflict harm on inno- get serious about fixing DACA. It is as well as in a lot of other States and cent families? time to stop posturing, to stop show- across our country, of course. Dream- I am pretty sure—I am actually 100 boating, and to stop simply trying to ers work as nurses, caring for our fami- percent confident—the answer to those pass a bill out of the Senate that will lies. They work as teachers, educating questions is yes. Those are important not get considered in the other body our children, and as servicemen and issues to the American people. Those and will not be signed by the President servicewomen in our military, working issues used to be discussed here. of the United States. to keep us safe. I have already mentioned the name The focus ought to be on making ac- Take a young Pennsylvania Dreamer of Kate Steinle, who was murdered by tual law. If all of us here in the Senate, whom I met a few months ago—way one of these people. I could add the particularly those who are in the back, I guess, in September. She was

VerDate Sep 11 2014 01:56 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G14FE6.033 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S952 CONGRESSIONAL RECORD — SENATE February 14, 2018 studying to be a nurse. Talking about The American people overwhelm- week—which is all about keeping our her own life, she said: ingly support allowing Dreamers to communities safer by addressing the All I want to do is heal people. All I want stay in the United States. It is about terrible problem of sanctuary cities. to do is be a nurse. time Congress listened to the nearly 80 This is a problem that one father in Then she became very upset thinking percent of Americans who want to pass particular knows all too well. about whether or not she might have protections for Dreamers, along with On July 1 of 2015, Jim Steinle was that opportunity because of what had increased border security so we can walking arm in arm with his daughter not happened in Washington—no legis- prevent this situation in the future. Kate on a pier in San Francisco. Sud- lation passed to protect her. So it is time for action. We need a denly, a gunman sprang out and opened Another Dreamer from Lancaster, real compromise solution that will get fire, hitting Kate. She pleaded, ‘‘Help PA—the Presiding Officer knows that 60 votes in the Senate and, of course, me, Dad,’’ as she bled to death in her part of our State well—is Audrey 218 votes in the House, and a signature father’s arms. Lopez. Audrey was brought to the from the President of the United Now, any murder is appalling, but United States from Peru when she was States. one of the things that makes this even just 11 years old. Audrey spent most of While I have advocated in the past more appalling is that the shooter her childhood in Pennsylvania, and her for a clean vote on the bipartisan should never have been on the pier that parents instilled in her the value of Dream Act, which is what I would pre- day. The fact is, he was an illegal im- hard work and education. Like so fer, compromise will be critical to en- migrant who had been convicted of many Dreamers, Audrey only learned suring we get something done and sent seven felonies and had been deported that she was undocumented when she to the President’s desk. five times, but even more galling is, 3 was applying to college and learned In 2013, I and many others—67 other months before the day he murdered that she did not have a Social Security Senators—voted for a bipartisan immi- Kate Steinle, this murderer was in the number. Despite not having access to gration bill that would have doubled custody of the San Francisco Police financial aid, Audrey worked hard, and the number of Border Patrol agents. Department. They had him. He was in she graduated from college. That bill also would have mandated 24- custody. They had him on an old war- After graduation, she took a job in hour surveillance of the border using rant for a previous crime. public service working at Church World advanced technology, like drones, and When the Department of Homeland Services, assisting refugees with reset- it would have provided a pathway to Security found out that the San Fran- tlement. This past fall, Audrey accept- citizenship for law-abiding immigrants. cisco Police Department had this guy ed a nearly full scholarship to Amer- There are a number of bipartisan pro- in custody, they immediately reached ican University, where she will obtain posals to pair Dreamer protections out and said: Hold this guy until we a master’s degree in international de- with data-driven, sensible border secu- can get someone there to take him into velopment. rity that focuses on public safety. custody. We know he is dangerous, we Audrey is an American in every way I look forward to finally voting on know he is here illegally, and we want but not on paper. She is continuing to these issues, and I hope my Republican to get him out of this country, but the work hard, despite not knowing if she colleagues will continue to work with San Francisco Police couldn’t provide will have a future in the country she us to secure our border and ensure that that minimal cooperation. Instead, calls home. Dreamers like Audrey Lopez have a fu- they released this man back onto the We should be supporting young, hard- ture they can count on. streets from which, 3 months later, he working people like Audrey who want I yield the floor. murdered young Kate Steinle. to work in the service of others and our I suggest the absence of a quorum. Why would the police of San Fran- Nation. Instead, some, but not all—not The PRESIDING OFFICER. The cisco do a thing like that? Why in the all—Republicans are threatening her clerk will call the roll. world would they refuse to provide this future—not only her future, but our The bill clerk proceeded to call the minimal cooperation with immigration Nation’s future—by making us less safe roll. authorities with respect to a dangerous and, frankly, damaging our economy. Mr. TOOMEY. Mr. President, I ask individual? The reason is because San Protecting Dreamers is not only the unanimous consent that the order for Francisco is a sanctuary city. That right thing to do, but it is also good for the quorum call be rescinded. means it has as its explicit legal policy the American economy, and it is in our The PRESIDING OFFICER (Mr. a prohibition that forbids their police national security interests. GARDNER). Without objection, it is so from cooperating with Federal immi- DACA has enabled almost 800,000 ordered. gration officials, even if the police young people to grow and thrive in Mr. TOOMEY. Mr. President, I want want to. It extends to other law en- America, including about 5,900 in Penn- to speak about our immigration debate forcement, like sheriffs and deputy sylvania. As part of the fabric of our and my amendment in particular, but sheriffs. community, these impressive young first let me say we are going to find This is the case even when local law people, like Audrey, provide an enor- out just how serious our colleagues are enforcement authorities believe the mous contribution to our society, in- about granting not just legal status to person is dangerous, and the local law cluding paying an estimated $2 billion the Dreamers—people who came to this enforcement folks wish to cooperate each year in State and local taxes. country or were brought here illegally with the Federal authorities because By contrast, repealing DACA would when they were children and couldn’t they know this person is a threat to amount to a loss of $460.3 billion from and shouldn’t be held accountable for the security of their community, but the national GDP over the next decade. that action. The proposal that will be local politicians override the police So if you want to do it by year, it is available for a vote later this week will and decide this will be a sanctuary roughly $46 billion a year for each of not just grant legal status but will ac- city. the 10 years. tually grant a path to citizenship. Such is the case with San Francisco, In Pennsylvania, ending DACA would It goes well beyond the illegal Execu- and so the San Francisco Police had no result in an annual loss of $357.1 mil- tive order President Obama issued, and choice. They were required by local lion to the State GDP, according to the it will be available to far more people laws to release this man onto the Center for American Progress. than those who took up President streets. Currently, about 900 Dreamers are Obama’s illegal Executive order. It is One of the many ironies about sanc- serving in the U.S. military and more really going to be an extraordinary mo- tuary cities is if Federal officials had than one out of every seven DACA-eli- ment. I hope we are able to reach an called the San Francisco Police about gible immigrants has language skills agreement on this because I think this any number of other crimes—robbery, that are currently in short supply in needs to get done. car theft, violating a trademark, coun- the U.S. military. It makes no sense to Mr. President, I want to first address terfeiting—any number of other Fed- remove these Dreamers from a country an amendment I have offered that is eral crimes, then the San Francisco they call home. I believe it is both now up and pending—and I think we Police would have been allowed to co- wrong and dangerous. will be voting on it at some point this operate. They would have been happy

VerDate Sep 11 2014 01:56 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G14FE6.034 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S953 to cooperate. They would have been We don’t have the authority as a deemed a sanctuary city, and under my able to cooperate, but because the Federal Government to dictate the pol- amendment several types of Federal crime was committed by an illegal im- icy that a local community must fol- funding would be withheld from it. Spe- migrant, the police’s hands were tied. low. There is a constitutional separa- cifically, we would withhold from the The police were forced to release Kate tion that gives them the power to do sanctuary cities community develop- Steinle’s killer. what they will, but we don’t have to ment block grants and certain grants It is just unbelievable to me that we subsidize their behavior when it endan- from the Economic Development Ad- have communities across the country gers all of us, and that is what my leg- ministration. that wish to provide this special privi- islation goes after. So let me discuss I think this is eminently reasonable. lege—this special protection—for even first the legal liability issue. Sanctuary cities impose costs on all of dangerous criminals because they are There are now at least two court de- us. They raise the cost to the Federal here illegally. It is unbelievable, but cisions that have put pressure on mu- Government of enforcing immigration that is the case. nicipalities, localities, to be sanctuary law, but by far outweighing that is the Sadly, the Steinles are not alone. cities. Over a dozen Pennsylvania coun- cost to the American people of more They are not the only family who has ties have done so. One is a Third Cir- crime and the unbelievable, staggering been affected this way because, of cuit decision; the second is a Federal cost to families like Jim Steinle and course, San Francisco is not our Na- district court in Oregon. They have his family, who lost their daughter. I tion’s only sanctuary city. Philadel- held that if the Department of Home- think it is extremely reasonable to phia—the fifth largest city in America, land Security makes a mistake and have as a policy that if a community the largest city in my home State—has they make a detainer request—let’s say chooses to impose those costs on the an extreme sanctuary city policy, and it is a case of wrongful identity. They rest of us, the Federal Government will it has had appalling consequences al- ask a local police force to hold some- not be subsidizing it. ready. Maybe the most heartbreaking of one who, in fact, is an American cit- Let me debunk some of the misin- these is the case of Ramon Aguirre- izen, should be here and is here legally, formation that is occasionally dissemi- Ochoa. Ochoa was a Honduran national and so it is therefore an erroneous de- nated about my amendment. One is in the United States illegally. He was tention. If that happens and the local that it is somehow anti-immigrant. deported in 2009, but he illegally reen- law enforcement folks comply with This is not anti-immigrant at all; this tered the United States, which is itself that request, under these court deci- is pro-immigrant. a felony. He found his way to Philadel- sions, the local municipality can be The fact is, the vast, overwhelming phia, and in 2015 the Philadelphia Po- held liable for the ensuing litigation on majority of immigrants in America, lice arrested him on charges of aggra- the part of the person who is wrongly legal and illegal, would never commit vated assault and various other crimes. detained. these terrible crimes; there is no ques- When the background check went My bill addresses this problem by tion about that. It is also obviously the through, the Department of Homeland simply saying that when a local law case that any very large number of Security saw that the Philadelphia Po- enforcement officer complies with an people will include some criminals lice had this guy. They knew who this immigration detainer request from among them. There are roughly 11 million people guy was. They knew he was here ille- DHS that is a duly issued and bona fide who are here illegally—11 million ille- gally, they knew he had been deported, request, then the local officer has the gal immigrants in the United States. and they believed him to be the dan- same authority as a DHS official. In a Some of them are certainly violent gerous criminal that he was. So they way, the officer would be considered an criminals. It makes no sense to insu- asked the Philadelphia Police: Could agent of the Department of Homeland late those violent criminals, however you hold this guy for 24, 48 hours, until Security for this purpose, and the enti- few they may be, from capture by law we can get an agent there to take him ty the person would then sue in the enforcement. It would be absurd to al- into custody and begin deportation event that a person is wrongly detained lege that this is somehow anti-immi- proceedings? We know he is a bad guy. and their civil rights are violated grant when quite likely some of their We want him out of the country. would be the Federal Government. The Unfortunately, Philadelphia Police responsibility should be on the Federal victims will be other immigrants. Im- had to refuse. Instead, they released Government, since it was, after all, a migrants want to live in safe commu- him onto the city streets in January request that initiated with the Federal nities too. I am positive of that. They 2015. The Philadelphia D.A. didn’t feel Government. don’t want dangerous criminals to be like he had enough evidence to pros- My legislation does not in any way able to walk the streets just because ecute the case. He dropped the charges, curb an individual’s ability to file a they came here illegally. and rather than cooperate with the De- suit if their civil or constitutional The second point I want to stress is partment of Homeland Security, they rights are violated, whether it is inten- that this amendment does not discour- released Ochoa back onto the streets of tional or accidental. There is no curb age or punish illegal immigrants for Philadelphia. on an individual’s ability to redress coming forward to report a crime. This That was January of 2015. In July of that if they were wrongfully detained. is important because folks who want to 2016, Ochoa was arrested for raping a It simply transfers the liability from keep sanctuary cities sometimes child under the age of 13. This brutal the municipality to the origination of charge that if my legislation were attack on the child was only possible the detainer request, which is the De- passed, victims and witnesses to because Philadelphia is a sanctuary partment of Homeland Security. crimes, if they are here illegally, city. It is these appalling cases—like So that is the first part: solve the wouldn’t come forward. That is not so. the Steinle case or this case in Phila- legal liability problem which has some My amendment in this underlying law delphia—that make it so important municipalities across America—cer- explicitly states that a locality will that we end these sanctuary cities if it tainly in my State of Pennsylvania— not be labeled a sanctuary jurisdiction is at all possible to do so. choosing to be sanctuary cities, even for this purpose, and therefore will not My amendment is a bipartisan though they would rather not be. lose any Federal funds, if it has a pol- amendment. It is identical to a bill I Now, having addressed that, if our icy stating that if a person comes for- introduced and the Senate voted to legislation is adopted, and we have ward as a victim or a witness to a consider in 2016. I reintroduced it in thereby solved this legal liability prob- crime, local law enforcement will not 2017. It does two things: It tackles a lem, if a community nevertheless de- share information with DHS. legal liability for localities that wish cides it is going to endanger all the Let me be clear and explicit about to cooperate with the Department of rest of us by conferring this special this. We have an explicit carve-out in Homeland Security, and, with that protection on somebody just because the legislation. If a locality chooses to legal liability problem solved, it im- they came here illegally—despite the provide sanctuary status to a victim of poses penalties on communities that fact that they may well be a dangerous a crime or a witness to a crime, such a choose nevertheless to be sanctuary criminal—in that case, under my community would not lose any Federal cities. amendment, that community will be funds whatsoever. We think that

VerDate Sep 11 2014 01:56 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G14FE6.035 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S954 CONGRESSIONAL RECORD — SENATE February 14, 2018 makes sense because we do want to en- harrowing. Once again, we feel that nomic burden her parents now carry. courage victims and witnesses of churning in our stomach, that sense of She hopes she will be able to make crimes to come forward. We get it. We gut-punch, and a wrenching of hearts enough money to support herself and don’t want to create a worry that there that reminds us of how we felt the day her family. would be deportation consequences for of violence in Newtown. Yet another She is currently in her first year of them. school is victimized by gun violence. college, at a community college, where A third point which some have al- We are waiting to learn more of the she has faced many financial chal- leged and which I want to be very clear details, but certainly our hearts and lenges. Not being able to get a job at 18 about is that the penalties my amend- prayers go to the victims and their years old is frustrating and sometimes ment has for a community that choos- loved ones. Our gratitude goes to the devastating. If the Dream Act is es to be a sanctuary city do not include courageous first responders who are on passed, she could finish her 2 years at the loss of any funds whatsoever re- the scene now apprehending the shoot- community college and transfer to a 4- lated to law enforcement or security. er and administering to the victims year institution, and she could pursue That is simply not the case. The list of and survivors. My thoughts and pray- her dream of working as a lawyer or in categories that we include in lost fund- ers are with those students, emergency the field of law. ing is economic development in its na- responders, parents, loved ones, and There are countless other stories of ture. It is not at all law enforcement. the community of Parkland. Connecticut Dreamers, some wanting Another point that some on the other Again, gun violence respects no to keep their identities confidential. side have made is that somehow this boundaries. It spares no communities. There is a young man in Bridgeport legislation, my amendment, would im- It victimizes all of us, wherever it hap- who was brought to Connecticut at the pose an unmanageable burden on law pens and whenever, including the gun age of 5. He was educated in the Bridge- enforcement. One simple fact to con- violence that kills people every day in- port public schools. He majored in sider is, if that is the case, then why dividually, often unpublicized and in- chemistry and now attends Fairfield has it been endorsed by law enforce- visible. University. He has excelled there. He ment groups? The National Association My heart breaks to hear that one finished his first degree and was ac- of Police Organizations has endorsed more school is facing this unthinkable cepted at the University of California, my amendment. The International horror, that again this harrowing scene Berkeley’s physical chemistry pro- Union of Police Associations, a division plays before the people of America, lit- gram. He had to live under the threat of AFL–CIO, has endorsed my amend- erally unfolding in real-time. I know of deportation because he had no way ment. The Federal Law Enforcement that I and all of the Members of this to apply for permanent lawful status. Officers Association has endorsed my Chamber share the grief and sympathy While he was continuing his studies amendment. Would these groups en- and heartbreak that community is ex- here, he lived with the threat of depor- dorse a bill that imposed an unwork- periencing today. tation. able burden on their own members? I Mr. President, I want to talk about There is a New Britain woman who rather doubt it. I think they under- the Connecticut Dreamers and share was born in Mexico and brought to stand that this amendment encourages their stories and call for this Chamber America when she was 6 years old. The local law enforcement to share infor- to take narrow and focused action to journey was terrifying. She could bare- mation with the Department of Home- prevent their draconian mass deporta- ly understand what was happening. She land Security and in some cases to tion and protect them from that kind had no idea at 6 years old that she was temporarily and briefly hold people in of very unfortunate outcome. entering America in a way that would custody until the Department of Home- The Dreamers who would be covered affect her for the rest of her life. It was land Security can get there. under legislation, which I hope will not her choice to come here or to come This is a bipartisan amendment. In pass in the next 24 hours, came here as here in that way, but it has affected 2016, when the Senate voted on this children. They grew up as Americans. her. In fact, despite her attending very same amendment in the form of a This country is the only one they school and then going to college out of freestanding bill, it received a major- know. English is the only language State at Bay Path University and earn- ity, and it had bipartisan support. Un- many of them speak. They go to our ing a great many leadership positions fortunately, a minority filibustered it schools. They serve in our military. there, she remains in the limbo of un- and blocked it. But the fact is, it is a They support our economy. They be- certainty and anguish and anxiety cre- bipartisan piece of legislation with ma- lieve in the American dream. All of us ated by the threat of deportation. She jority support. I don’t think it should believe in the American dream, but so dreams about helping people, making even be controversial. do they. They work hard and give back. sure that families with low incomes I think we will have a vote on this Deporting the Dreamers would be can have access to occupational ther- relatively soon, in the coming days. I cruel, irrational, and inhumane—un- apy. She is pursuing a master’s degree hope it will have very broad support. worthy of a great country. It would in occupational therapy. This is common sense. It stands for the break our promise to the Dreamers Finally, there is a woman I know principle that the safety of the Amer- who came forward when they were told who came here from Venezuela. She ican people matters, that the lives of they would be given protected status was brought here when she was 11 years Kate Steinle and other victims of vio- and would be a violation not only of old. She remembers her mother telling lent crime matter, and that all of our the American dream but of the promise her that she was going to America to communities should be as safe as they made by a great nation. learn English. When they settled in can be. Gabriela Valdiglesias came to the Norwalk, CT, her mother also told her The PRESIDING OFFICER. The Sen- United States in 2001 from Lima, Peru. that she could be successful if she were ator from Connecticut. She has lived in Connecticut for 17 bilingual. She began to go to school PARKLAND, FLORIDA, SCHOOL SHOOTING years. She works for Connecticut Stu- right away. Life was difficult at the be- Mr. BLUMENTHAL. Mr. President, dents for a Dream, advocating for her ginning, and there was a lot to learn. watching the pictures today as I came fellow Dreamers. For those workers, By the time she was a junior in high to the floor was deeply moving. Even she has been working on securing their school, she stopped trying to get per- though there is much that we don’t right to safety, to higher education, to fect grades because she feared colleges know and a lot of information that we healthcare, and to live in a country would not accept her, and even if they lack about what is happening at Mar- without fear and discrimination. accepted her, she could not be eligible jory Stoneman Douglas High School in She shared with me some of the dif- for financial assistance because she Parkland, FL, the images of emergency ficulties her family had while she was was undocumented. vehicles and emergency responders and growing up. She and her five siblings But she persevered, and she attended of young people and children evacu- are supported by their parents, who community college. She went on to ating a school after another tragic in- work in minimum-wage jobs. She hopes Western Connecticut State University, cident of gun violence brings back that if the Dream Act passes, she will and she overcame obstacles that for memories that are searing and be able to take on some of the eco- many Americans born here would be

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It is not an un- their family, their job, and Social Se- that these are the only four issues we reasonable thing. In that same 10-year curity number, they believed in Amer- are going to deal with: DACA and those time period, about 2 million people are ica. It wasn’t a dream. America is to be DACA-eligible and how we move them going to move, actually, into citizen- trusted. America is the land of oppor- toward citizenship, border security and ship. tunity. America is the greatest Nation all the things around border security, How does that affect the rest of our in the history of the world. They have diversity visa lottery, and family re- process? Well, let me tell you first how a dream that is American, which is unification. All of those have been it affects it. Right now we have a 20- that they will have the opportunity to dealt with in legislation before—in year backlog to be able to come into pursue their full potential as human fact, for decades, in one version or an- the United States legally—20 years to beings to give back, to educate them- other—except for the issue of DACA. be able to come through that process. selves, and to better their lives. That is That one is new. That is the only one Once we add another 2 million people the American dream. that hasn’t been done with legislation in that process and all the family that In Dr. Martin Luther King’s ‘‘I Have before. The others all have. will be connected to them, in all likeli- a Dream’’ speech, he said: The Gang of 8 bill in 2013 had border hood, that backlog moves from 20 years When the architects of our republic wrote security and all kinds of different to 25 years. It is ridiculous at 20 years, the magnificent words of the Constitution issues related to both construction of and it is even worse at 25. and the Declaration of Independence, they walls, technology, and legal loopholes. We all know that this issue of family were signing a promissory note . . . a prom- ise that all men— It had diversity lottery. It had chain migration and the broad allowance of migration in it. If you want to go back people coming in, not based on what And he might have added women— to an immigration study during the skills they have but based on being would be guaranteed the inalienable rights of life, liberty, and the pursuit of happiness. Clinton administration, in 1995, there someone’s brother-in-law, is not the was a proposal put out by Barbara Jor- best way to do immigration, and we are The time has long since come for us dan, the Democratic House Member the only country that does it like this. to help the Dreamers. The time is from Texas, who led that particular Seventy percent of the people who today for us to protect them against study during the Clinton administra- come into our country legally come mass draconian deportation, a viola- tion dealing with chain migration, through a family connection—being tion of a promise that would be unwor- dealing with how we transition to someone’s brother, being someone’s sis- thy of America. The promissory note of this Amer- merit-based immigration. ter, being a relative in some way that This has been dealt with literally in ican dream can be made a reality by they are able to come into the country. hearings for decades, but what I have Canada, just to our north, is exactly this Chamber today and tomorrow. I understand that some of my col- heard for the past several months is the opposite. Sixty-three percent of the leagues may want to change the immi- that there is no time to do any of those people who come into Canada legally gration system. It is truly a broken things. The only time that we have is through their immigration system system in need of comprehensive re- to deal with DACA. We can’t even dis- come because they are bringing a work form. That task is for another day. cuss anything else. Meeting after meet- skill. Now, I don’t want to oppose any- Today, we must make sure that we pro- ing after meeting since early Novem- one coming from anywhere in the vide these Dreamers with legal status ber, I have heard the same thing: There world. There is a uniqueness to the and a path to citizenship. That is our is no time. There is no time. There is United States and how we handle im- moral obligation. That is our job. Let’s no time. migration, and we allow people from Now we are getting down to the day, get it done. all over the world, from every country, I yield the floor. and there is still a conversation about to come. That should remain the same, The PRESIDING OFFICER. The Sen- how we deal with these four simple but we should have one simple require- ator from Oklahoma. issues that we have talked about for ment: They come to bring something Mr. LANKFORD. Mr. President, the months, that the House and Senate to the Nation. I don’t think that is too Senate is probably interested in the have debated for decades, and on which hard of a hill to climb. status of the debate on immigration. we have had an untold number of hear- It is not a matter of who you are re- This debate started in September in ings for decades to try to actually land lated to. You certainly should be able hallways, committee rooms, and in our them, to get legislation ready, and to to bring in your spouse and your chil- offices—opportunities for us to talk get this resolved. dren, but brothers and sisters and other about these issues now for months. Let me just focus on a few things, be- adults and such that would be in your Several weeks ago, there was a gov- cause a few of us have put out a pro- family, maybe, should come based on ernment shutdown demanding that we posal that covers those four areas that their own merit, as well, for them to be actually have a vote on immigration was a middle-ground proposal. It is cer- able to come and be a part of our great right now or that we don’t reopen the tainly not everything that I would like culture, as well, or they are able to government. After 3 days of govern- to have in border security, and it is come visit and come stay long periods ment shutdown, the government was certainly not everything that Demo- of time but not necessarily come for reopened, demanding that we move the crats would like to have, but it is a citizenship, unless you are coming to immigration debate earlier to make middle ground between all of those. It bring them. Again, that doesn’t seem sure we would get this done earlier. is one the White House has already an- too difficult. Now it is Wednesday of the week that nounced that they will certainly sign. The diversity lottery hasn’t been the it was supposed to occur, and the pro- It has 1.8 million people moving into challenging issue. Quite frankly, that posals are not out on the table. It has naturalization, or citizenship. These has been an issue that was in the 2013 been a frustrating journey. are the individuals whose parents Gang of 8 bill, saying: Why do we have I can’t even begin to count the num- brought them illegally, but they were 50,000 visas for individuals from any- ber of hours I have spent in bipartisan children at the time. Those individuals where, from around the world, who can conversations trying to circle around a came into the country. They have now come who don’t necessarily bring a simple set of issues. How do we resolve lived here for years. They know no skill at all? Why don’t we just add a a small group of issues related to im- other country, on the whole. Those in- skill requirement or an educational re- migration? dividuals are offered an opportunity to quirement? We could say that you are I thought this was resolved in some become citizens of the United States 10 welcome to come from anywhere, but ways. Back in early January, there was years from now. at least we should know that those who

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This bate for me on this thing. Months ago, Now the National Guard is not law en- is not trying to remove due process some of my Democratic colleagues over forcement. What does the National from anyone. But as they cross into the and over said: The wall will do nothing. Guard bring, though? They bring heli- country illegally, we are able to pick There is no benefit in the wall. If you copters that have infrared technology. them up, detain them, and make sure put up a 20-foot wall, there will be a 21- They are able to fly over sections of they have due process. Some of them foot ladder. It will do absolutely noth- the border to be able to see the area make claims for asylum or make ing. below and to help direct Border Patrol claims of credible fear or other things. Now, the conversation is this: Well, to it. To participate with the National Instead of doing a hearing on that, we we will give citizenship to DACA, and Guard and allow them to bring some of actually give them a piece of paper we will give you some money to build those resources those States already that is called a notice to appear and re- a wall, and we will call it even. That have shouldn’t be that difficult. That is lease them into the country and say: has never been the request, and every- just a part of border security, but our We will see you in about 2 years for one knows it. Democratic colleagues are pushing your hearing date—instead of actually The request has been border security, back on that. doing the hearing right then. Nothing not just a wall. I am very aware that We would like to do an initiative to has changed. No facts have changed. No the President has talked about a big be able to work with Mexico and pro- information has changed. Nothing has beautiful wall a lot. I get that. But it vide Mexico some additional funding changed during that time of delay. We has always been about border security, and support and consultation on their just release them because we don’t not just about putting up a wall in cer- border between Guatemala and Mexico, have enough judges or enough courts or tain places. There has never been an the southern border of Mexico—what is enough attorneys or enough advocates emphasis to build 2,000 miles of wall. literally kind of our first border. It is to be able to accomplish that. So they There isn’t a need for a wall in certain their southern border. We have been are released for years in the country. urban areas, but what is really needed pushed back, though, to say that is not You may be surprised to know that is border security and everyone knows border security. It is slowing down peo- most of the individuals never show up it. I don’t understand why border secu- ple illegally trafficking through Cen- for that hearing. They are just released rity has suddenly become a controver- tral America into Mexico. We think into the country. sial issue. that is part of it. There is also a statement saying: What we have asked for and what we How about this one? All along the Well, what about unaccompanied mi- have laid out in a proposal seems to be Rio Grande in Texas, there is Carrizo nors? Again, you might be interested a very middle-ground proposal. It cane that are there—this large cane to know that three-fourths of the unac- doesn’t do interior enforcement. Quite that grows in the river in that area. In companied minors who cross into the frankly, our Democratic colleagues that area, you are able to hide people, country are actually 14 years old or up. have said: Absolutely no additional in- drugs—whatever it may be—in this tall These are not 6-year-olds who are terior enforcement—we are open to cane because you just disappear in it. crossing in and 5-year-olds who are border security, but nothing that se- It is on both sides of the border. We crossing in. Most of them are older cures the interior of the country. think we should do an eradication of teenagers. Two-thirds of the people So we have said: OK, that will be a that cane so that you can actually see who are coming in as unaccompanied future bill dealing with interior en- through it. It hasn’t been controversial minors are actually teenage boys, and forcement, but we do feel like border in the past, but suddenly it is con- most of them come in to be able to security is very important. troversial: No, we don’t want to eradi- work. So the question is this: How do So they have said: OK, we will give cate the cane. we handle that? you some money to build a wall in sec- That cane is only there because it is I think we do fair detention. I think tions. hiding people and contraband. We we go through the due process and Can I say what they are trying to ex- think we should be able to do that. make a decision right then. Again, you clude? Border security, when you lay it We think we should be able to add an will be interested to know that for in- out, is also the legal loopholes. So here electromagnetic spectrum at our bor- dividuals who actually do show up for are just a few of the things that we der ports of entry so you can look their court hearing, which is a small have laid out, which I don’t think through a vehicle, looking for chemical group, about 30 percent of those who go should be that controversial, that we parts of the spectrum and to be able to to the court hearing do get asylum have included in our language and said: see if we can eradicate drugs that are once they finally get to the court hear- If we are going to do border security, being trafficked into our country. I ing. But we are not getting to the court let’s be serious about it. For instance, don’t think that should be that con- hearing for most of those individuals. we have asked for additional penalties troversial. That shouldn’t be that controversial. for people who do human smuggling. There is getting secure communica- We should be able to handle how we go Right now, it is a slap on the wrist if tions so that our individuals and the through that process in an equitable you do human smuggling into the Border Patrol can talk to each other and fair way. country. So coyotes and others are able and can interact with other law en- I would like us to be able to deal with to do human smuggling into the coun- forcement to make sure no one from a the cost, quite frankly, of detention. try in transit. transnational criminal organization is We have asked for a simple part of this There are also people who are indi- listening in. process on border security, to honor viduals in our country watching out for We should have license plate readers the taxpayer, to say that we will not Border Patrol agents, radioing other at the port of entry to be able to help spend more than $500 a night on hous- people saying: Hey, Border Patrol is track that and speed it up. ing individuals whom we have in deten- here. Go a different direction. They are Doing biometrics at the entry and tion. Now, I think most Americans— actually helping to divert people away. exit is something that has been re- certainly most Oklahomans—would We think we should increase the pen- quired since the 9/11 Commission. So like to stay in a hotel that costs $500 a alties. Our Democratic colleagues have we can accelerate that process that as night. Putting a cap on how much we pushed back and said no on that. It people come in and out of our country spend on that per person per night, I doesn’t seem unreasonable to increase we know when they come in legally, think, is a reasonable thing to be able the penalties for human smuggling and but we also know when they depart le- to put into it, but we have had the same for drug smuggling. To in- gally. pushback.

VerDate Sep 11 2014 01:56 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G14FE6.041 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S957 We have asked for emergency immi- knows more about sacrifice and patri- to. What our bill does is focus on two gration judges. Right now there are al- otism than anyone I have ever met, be- issues right in front of us that I believe most 700,000 people in a backlog in our lieves the same thing. This friend of we can address and resolve. It is an at- immigration courts—almost 700,000. We mine is not just any Senator. It is Mr. tempt to break through what have don’t think it is unreasonable to ask JOHN MCCAIN, the senior Senator from been messy and divisive political de- for emergency judges to come in to Arizona, who also happens to be an bates and to address, through a com- help us with the backlog. We are not American hero and someone who has promise, legitimate, substantive issues talking about untrained judges. We are literally fought for this country and its in front of us. talking about judges who are in the values throughout his entire life. He is Our bill would do two things: secure Federal system who are knowledgeable someone whom our mutual friend, our border and finally give Dreamers of these issues and to do a surge of former Vice President Joe Biden, calls the pathway to citizenship they have judges to help us get caught up. a ‘‘man of . . . deep conviction, and un- long awaited for, and they deserve. We should be able to do all of these matched character.’’ First, to address border security, our things. None of these issues should be JOHN MCCAIN is exactly the person bill would ensure we gain operational controversial. This is what it means the Senate and this country needs in control of the border by 2020 with new when you start talking about real bor- times like this, when the way forward technology, new resources for Federal, der security, not just adding a wall in is unclear, when our disagreements State, and local law enforcement, and some places, not just adding a couple of seem too wide, when our instincts are new infrastructure. additional agents but actually putting to argue rather than listen. This Cham- It would reduce the existing immi- the things around them that they need ber and this country need someone who gration case backlogs by funding new to actually be able to enforce the law. is able to show us a way forward and judges and new attorneys, while also I think people lose track of the fact lead us out of our stubborn, sometimes addressing one of the root causes of mi- that ICE folks and Customs and Border too partisan fights—someone like Sen- gration into our country from Central Patrol are not enemies of our State. ator MCCAIN. America. They are American law enforcement. As this debate has progressed in re- Our legislation would give certainty They work for our country to keep us cent days, I have been reminded of to 1.8 million Dreamers brought here as safe and to enforce the laws of our Na- something I heard Senator MCCAIN say children through no fault of their own, tion. I am appalled at the way they are late last year when he accepted the who are American in every way but the spoken of on this floor and treated in Liberty Medal from the National Con- paperwork. Dreamers who continue to conversations. They are American law stitution Center in Philadelphia. When play by the rules by going to school, enforcement enforcing American laws. speaking about our country and when serving in the military, or being con- If there is a problem with what they speaking about the opportunity he has sistently employed can become lawful, are enforcing, this body should vote on had here, he said: permanent residents and, at least 5 it and fix the law, not beat up on the What a privilege it is to serve this big, years later, U.S. citizens. people who are enforcing the law and boisterous, brawling, intemperate, striving, Senator MCCAIN and I aren’t the only doing what we have asked them to do daring, beautiful, bountiful, brave, magnifi- ones who think this bipartisan solution as a Congress. cent country. With all our flaws, all our mis- makes sense. In fact, the reason we I hope in the days ahead we can actu- takes, with all the frailties of human nature filed it here was because of the ally get this passed. I hope we can ac- as much on display as our virtues, with all strength of its development in the the rancor and of our politics, we are other Chamber, the people’s House, the tually move toward citizenship for 1.8 blessed. We are living in the land of the free, million people, which the President has the land where anything is possible. The land House of Representatives. This bill was asked for, and I think it is a reasonable of the immigrants’ dream, the land with the crafted by Republican Congressman thing to be able to do for those individ- storied past forgotten in the rush to an WILL HURD of El Paso, TX, whose dis- uals who came into our country as imagined future. trict has more than 800 miles of the children. But I also hope that this time What a country, indeed. Beautiful, U.S.-Mexico border—more than any we don’t say that we are going to do brave, and magnificent, as JOHN said, district in our country with a U.S.- citizenship and not do border security. but also challenged by occasional frail- Mexico border—and his partner, Demo- I hope we don’t just throw some money ty, rancor, and anger that we have seen cratic Congressman PETE AGUILAR, and pretend we are doing it. I hope we, too much of in this sustained debate who is from Southern California. The as a body, can have a serious conversa- over immigration. two of them put this bill together after tion and say: Let’s actually do border The point Senator MCCAIN made that a lot of consultation and meetings with security and help us as a nation to es- night in Philadelphia—and the point he their colleagues in the House. Today, it tablish a secure border. I hope we actu- has made every day serving our Nation enjoys 27 Republican cosponsors and 27 ally deal with some of the biggest for more than six decades—is that Democratic cosponsors. I often hear we issues on immigration and can walk working through our disagreements, shouldn’t take up and consider any- through this debate in a reasonable our divisions is worth it, not just as thing that can’t pass the House, but a way without the emotion and heat, but Senators but as citizens. bill that has 54 bipartisan cosponsors thinking this through because this af- The whole point is, we may be bois- in the House is certainly on the right fects the future of our country for a terous and intemperate, which JOHN track. very long time. has certainly also been accused of Now, I am clear-eyed about the fact With that, I yield the floor. being a time or two, but we don’t stop that this McCain-Coons bill is not per- The PRESIDING OFFICER (Mr. LEE). striving for our ideals, believing in our fect, and I understand some of my col- The Senator from Delaware. future, and respecting one another. leagues may want to make changes to Mr. COONS. Mr. President, I come to That is often difficult—especially here it. Some of my Republican friends I the floor to talk about an issue that in politics—but it is the challenge that have met with and heard from and has occupied this floor, this body, this comes with the blessings of living and talked to in recent days have suggested Congress for some time now: the chal- serving this great country. it needs more investments in border se- lenge of how to fix our broken immi- So I was honored when Senator curity to win their support, and that is gration system. As many of us have de- MCCAIN reached out to me a week ago fine because our bill is more than just bated and talked and tried to find com- to say: Let’s work together to intro- a set of policies. It is a way to provide mon ground and a bipartisan path for- duce in the Senate legislation that a framework for us to agree and not let ward, I wanted to speak about why I could help solve our most pressing im- our disagreements prevent us from have optimism that we can find a bi- migration issues and keep our country moving forward. partisan solution to this challenge. moving forward. So my message is simple about this I know I am not alone in my opti- The bipartisan bill we have intro- bill: We may not be able to fix our en- mism about this. One of my very dear- duced—the McCain-Coons bill—in the tire immigration system this week—in est friends in the Senate, someone I re- Senate doesn’t solve every immigra- fact, I am certain we can’t—but we spect and admire deeply, someone who tion issue we face, and it doesn’t try can, over the next few days, perhaps

VerDate Sep 11 2014 04:45 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G14FE6.042 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S958 CONGRESSIONAL RECORD — SENATE February 14, 2018 even over the next few hours, take im- reminder of the toll of gun violence. NIU to study to be a teacher; Ryanne portant, even historic steps forward. Today, we are watching the horrific Mace, of Carpentersville, a 19-year-old, We can lay the groundwork for secur- scenes at Marjory Stoneman Douglas who was funny and fun to be with and ing our border with new investments, High School in Parkland, FL, where who aspired to work as a counselor; new technology, and new manpower. yet another school shooting has taken and Daniel Parmenter, 20 years old, We can help Dreamers succeed in place. It is gut-wrenching. We know from Westchester, a rugby player, who American schools, serve in our Amer- that so many families have just had lost his life because he shielded his ican military, and enrich American their worlds and lives changed forever girlfriend from the shooter. communities without living in con- by senseless gun violence. Ironically, It is heartbreaking to think what stant fear of imminent deportation. this is the 10th anniversary of a similar these five young people could have ac- These are tough issues, but the solu- shooting at Northern Illinois Univer- complished in the 10 years since that tion can be fairly simple. I think our sity in DeKalb, IL. Our prayers go out horrible day. We mourn their loss and, legislation offers a real solution for to the victims, to the families, to the again, our hearts go out to their fami- right now. There have been develop- first responders, and, of course, to the lies. ments in recent days. Parkland community. We remember and honor the wounded I have been proud to participate in a HONORING COMMANDER PAUL BAUER who still bear the scars of that terrible large bipartisan effort by the Common Yesterday, Mr. President, in the city day. We renew our thanks over and Sense Coalition, and as it has, as a of Chicago, which I am honored to rep- over to the law enforcement officers group, tried to hammer out a bipar- resent, we lost one of our finest, Com- and first responders who headed toward tisan deal, I have been honored to have mander Paul Bauer of the Chicago Po- the sound of gunfire that day and who started this discussion, this debate, lice Department. He was shot and treated the victims as they were with Senator MCCAIN by filing our bill killed by a gunman in the Chicago wounded. We commend the many members of that we brought over from the House. Loop. the NIU community who stepped up in It is a bipartisan bill that I believe is Commander Bauer was a 31-year vet- the days that followed, working to per- the most bipartisan bill currently be- eran of the CPD and the commander of severe through this tragedy, with fore this Chamber on this issue. If we the 18th police district in the Near heavy hearts but unbroken spirits and can make more progress, if we can at- North Side. He was a pillar of that moving ‘‘forward, together forward,’’ in tract more bipartisan support through community. He was well-known in his the words of that Northern Illinois some amendments or revisions, I wel- district. He had been commended by University Huskie fight song. come that. the city council last year for a charity It is devastating to think that in this I believe this week, this day, this holiday party he helped to host for un- great country, students and educators opening on our Senate floor is not only derprivileged kids. could be gunned down in our schools. a challenge but an incredible oppor- He was a husband to his wife Erin But it happens so often that I am tunity to do the right thing. We don’t and a father to a 13-year-old daughter afraid a numbness is setting in. have to agree on everything. We just named Grace. Commander Bauer was Just in the last few months, we have have to agree on some things, and we at a training session yesterday in the had fatal shootings of students at can find a way forward together. Loop, but he didn’t hesitate to help out Aztec High School in Aztec, NM; Wake It is an enormous honor to have the his fellow officers when they were pur- Forest University in North Carolina; opportunity to partner with Senator suing a fleeing suspect. Commander Marshall County High School in Ben- MCCAIN in this legislative effort. While Bauer was shot several times by the ton, KY; and then, today, in Florida. he is not with us today, I know he is suspect, and he died from his wounds. Other tragedies have been narrowly with us in spirit and watching our de- Chicago police superintendent Eddie averted because of well-trained staff. liberations, and he is someone who has Johnson said this was an extremely dif- At Mattoon High School in Illinois, a shown not just courage on the battle- ficult day for the Chicago police fam- heroic teacher named Angela McQueen field but courage in American poli- ily. Commander Bauer was a hero in stopped a student gunman from caus- tics—a determined willingness to com- life. He made the ultimate sacrifice to ing a massacre there last September. promise and to work tirelessly to ad- help protect the city he served and the The threat of shootings in our vance the interests of the American city he loved. His loss is a tragedy. schools is ever present. According to a people. I can only hope my colleagues, Our prayers go out to the com- tally kept by the group Everytown, when we get a chance to vote on this mander’s friends, colleagues, his loved there have been at least 18 incidents so bill—which I hope we will later today— ones, and, of course, his family and far this year where a gun has been fired will join me in supporting it in recogni- daughter. on a school or college campus. tion of his lifetime of service to our 10TH ANNIVERSARY OF NORTHERN ILLINOIS Schools and colleges are doing the Nation and his commitment to biparti- UNIVERSITY SHOOTING best they can to prepare and protect sanship. As I mentioned, Mr. President, today their students. I salute the educators It is my hope that as this day and to- marks the 10th anniversary of one of and administrators who are working morrow unfolds, we will have the open the most devastating shootings ever to hard, but is Congress doing all that it and fair process that has been prom- occur on a college campus in America. can to keep our Nation’s students safe ised, and that all of us, together, can On February 14, 2008, a gunman with a from gun violence? Not even close. do what we were sent to do: listen to history of mental instability walked Of course, there is no single reform each other, trust each other, work to- into a lecture hall at Northern Illinois that could stop every shooting in gether, and find a path through com- University in DeKalb and opened fire. America, but we know there are big promise that can solve these two most His bullets killed five students and gaps in our laws that make it easy for important and pressing issues in the wounded 17 more. It was a horrific criminals, abusers, and mentally un- field of immigration. mass murder, and it shocked the entire stable people to get their hands on Thank you. Nation. guns that hurt innocent people. Con- I yield the floor. The five young Illinoisans we lost gress has done nothing—nothing—in (The Acting President pro tempore that day all had bright futures ahead of recent years to close those gaps and assumed the Chair.) them: Gayle Dubowski, 20 years old, make America safer. Mr. DURBIN. Mr. President, I ask from Carol Stream, who worked as a Congress hasn’t even closed the gun unanimous consent that the order for camp counselor and was a talented show loophole that the 1999 Columbine, the quorum call be rescinded. singer in her church choir; Catalina CO, killers used to buy their weapons, The PRESIDING OFFICER (Mr. Garcia, of Cicero, 20 years old, a smil- and we did nothing in response to the PERDUE). Without objection, it is so or- ing, outgoing young woman who murder of 20 first graders and 6 edu- dered. planned to be a teacher; Julianna cators at Sandy Hook Elementary PARKLAND, FLORIDA, SCHOOL SHOOTING Gehant, of Mendota, 32 years old, who School in Connecticut. Mr. DURBIN. Mr. President, every served our country in the U.S. Army In fact, the only vote taken by the day in America we face the devastating and Army Reserve and who went to Senate on gun laws in this current

VerDate Sep 11 2014 04:02 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G14FE6.043 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S959 Congress was to weaken gun law safety ‘‘(1) APPLICABLE FEDERAL TAX LIABILITY.— ‘‘(15) SECRETARY.—The term ‘Secretary’ provisions on the books. That was a The term ‘applicable Federal tax liability’ means the Secretary of Homeland Security. vote that Senate Republicans brought means liability for Federal taxes imposed ‘‘(16) SIGNIFICANT MISDEMEANOR.— up last year that prevented the Social under the Internal Revenue Code of 1986, in- ‘‘(A) IN GENERAL.—The term ‘significant cluding any penalties and interest on Fed- misdemeanor’ means a Federal, State, or Security Administration from alerting eral taxes imposed under that Code. local criminal offense— the FBI’s gun background check sys- ‘‘(2) ARMED FORCES.—The term ‘Armed ‘‘(i) for which the maximum term of im- tem about people with mental illness. Forces’ has the meaning given the term prisonment is— It is likely that before this year is ‘armed forces’ in section 101 of title 10, ‘‘(I) more than 5 days; and over, the Republican majority will call United States Code. ‘‘(II) not more than 1 year; and up more bills to weaken gun safety ‘‘(3) DACA.—The term ‘DACA’ means the ‘‘(ii)(I) that, regardless of the sentence im- laws. That is the wrong response to the deferred action for childhood arrivals policy posed, is— described in the memorandum issued by the ‘‘(aa) a crime of domestic violence (as de- epidemic of gun violence in America. fined in section 237(a)(2)(E)(i)); or I am not going to give up on trying Secretary dated June 15, 2012 (rescinded on September 5, 2017). ‘‘(bb) an offense of— to close the loopholes in our gun laws. ‘‘(AA) sexual abuse or exploitation; ‘‘(4) DACA RECIPIENT.—The term ‘DACA re- I am going to keep fighting for uni- cipient’ means an alien who was granted and ‘‘(BB) burglary; versal background checks, tougher remained in deferred action status under ‘‘(CC) unlawful possession or use of a fire- arm; straw purchasing laws, and better laws DACA. ‘‘(DD) drug distribution or trafficking; or to prevent gun theft. I am not going to ‘‘(5) DISABILITY.—The term ‘disability’ has ‘‘(EE) driving under the influence, if the the meaning given the term in section 3(1) of give up because of people like Patrick applicable State law requires, as elements of the Americans with Disabilities Act of 1990 Korellis, who was shot in the head 10 the offense, the operation of a motor vehicle (42 U.S.C. 12102(1)). years ago at the tragedy at Northern and a finding of impairment or a blood alco- ‘‘(6) EARLY CHILDHOOD EDUCATION PRO- Illinois University. Luckily, Patrick hol content equal to or greater than .08; or GRAM.—The term ‘early childhood education survived, and since that day, he has ‘‘(II) that resulted in a sentence of time in program’ has the meaning given the term in custody of more than 90 days. been a leader in Illinois, fighting for section 103 of the Higher Education Act of ‘‘(B) EXCLUSION.—The term ‘significant commonsense gun reform. I have come 1965 (20 U.S.C. 1003). to know and admire him for his efforts. misdemeanor’ does not include a State or ‘‘(7) ELEMENTARY SCHOOL.—The term ‘ele- local offense for which an essential element No one should have to go through mentary school’ has the meaning given the is the immigration status of an alien. what Patrick went through and so term in section 8101 of the Elementary and ‘‘(17) UNIFORMED SERVICES.—The term ‘Uni- many others went through on that day Secondary Education Act of 1965 (20 U.S.C. formed Services’ has the meaning given the in DeKalb, IL, 10 years ago. We owe it 7801). term ‘uniformed services’ in section 101(a) of to Patrick, to the other NIU victims ‘‘(8) FELONY.— title 10, United States Code. ‘‘(A) IN GENERAL.—The term ‘felony’ means and families and community members, ‘‘(b) IN GENERAL.—Notwithstanding any a Federal, State, or local criminal offense other provision of law, the Secretary shall and to the hundreds of thousands more punishable by imprisonment for a term that cancel the removal of, and adjust to the sta- across America who have been killed exceeds 1 year. tus of an alien lawfully admitted for perma- and wounded by guns this past decade ‘‘(B) EXCLUSION.—The term ‘felony’ does nent residence on a conditional basis, an to keep trying to reduce the toll of gun not include a State or local criminal offense alien who is inadmissible to, or deportable violence. for which an essential element is the immi- from, the United States if— Maybe we can’t stop every shooting, gration status of an alien. ‘‘(1) the alien is a DACA recipient; or but if we do our best to keep guns out ‘‘(9) HIGH SCHOOL.—The term ‘high school’ ‘‘(2)(A) the alien has been continuously has the meaning given the term in section physically present in the United States since of dangerous hands, we will save lives. 8101 of the Elementary and Secondary Edu- June 15, 2012; I intend to keep doing my best to cation Act of 1965 (20 U.S.C. 7801). ‘‘(B) the alien was younger than 18 years of achieve that goal. ‘‘(10) INSTITUTION OF HIGHER EDUCATION.— age on the date on which the alien initially I yield the floor. ‘‘(A) IN GENERAL.—Except as provided in entered the United States; I suggest the absence of a quorum. subparagraph (B), the term ‘institution of ‘‘(C) subject to subsections (c) and (d), the The PRESIDING OFFICER. The higher education’ has the meaning given the alien— clerk will call the roll. term in section 102 of the Higher Education ‘‘(i) is not inadmissible under paragraph The senior assistant legislative clerk Act of 1965 (20 U.S.C. 1002). (2), (3), (6)(E), (6)(G), (8), (10)(A), (10)(C), or proceeded to call the roll. ‘‘(B) EXCLUSION.—The term ‘institution of (10)(D) of section 212(a); Mr. SCHUMER. Mr. President, I ask higher education’ does not include an insti- ‘‘(ii) has not ordered, incited, assisted, or tution of higher education outside the otherwise participated in the persecution of unanimous consent that the order for United States. any person on account of race, religion, na- the quorum call be rescinded. ‘‘(11) MISDEMEANOR.— tionality, membership in a particular social The PRESIDING OFFICER. Without ‘‘(A) IN GENERAL.—The term ‘misdemeanor’ group, or political opinion; and objection, it is so ordered. means a Federal, State, or local criminal of- ‘‘(iii) has not been convicted of— AMENDMENT NO. 1958, AS MODIFIED fense for which— ‘‘(I) a felony; Mr. SCHUMER. Mr. President, I mod- ‘‘(i) the maximum term of imprisonment ‘‘(II) a significant misdemeanor; or is— ‘‘(III) 3 or more misdemeanors— ify my amendment No. 1958 with the ‘‘(I) greater than 5 days; and ‘‘(aa) not occurring on the same date; and text at the desk. ‘‘(II) not greater than 1 year; and ‘‘(bb) not arising out of the same act, omis- The PRESIDING OFFICER. The Sen- ‘‘(ii) the individual was sentenced to time sion, or scheme of misconduct; ator has that right. in custody of 90 days or less. ‘‘(D) the alien— The amendment, as modified, is as ‘‘(B) EXCLUSION.—The term ‘misdemeanor’ ‘‘(i) has been admitted to an institution of follows: does not include a State or local offense for higher education; In lieu of the matter proposed to be strick- which an essential element is— ‘‘(ii)(I) has earned a high school diploma or en, insert the following: ‘‘(i) the immigration status of the alien; a commensurate alternative award from a ‘‘(ii) a significant misdemeanor; or public or private high school; or SECTION 1. SHORT TITLE. ‘‘(iii) a minor traffic offense. ‘‘(II) has obtained— This Act may be cited as the ‘‘Immigration ‘‘(12) PERMANENT RESIDENT STATUS ON A ‘‘(aa) a general education development cer- Security and Opportunity Act’’. CONDITIONAL BASIS.—The term ‘permanent tificate recognized under State law; or SEC. 2. CANCELLATION OF REMOVAL AND AD- resident status on a conditional basis’ means ‘‘(bb) a high school equivalency diploma in JUSTMENT OF STATUS FOR CERTAIN LONG-TERM RESIDENTS WHO EN- status as an alien lawfully admitted for per- the United States; TERED THE UNITED STATES AS manent residence on a conditional basis ‘‘(iii) is enrolled in— CHILDREN. under this section. ‘‘(I) secondary school; or (a) IN GENERAL.—Chapter 4 of title II of the ‘‘(13) POVERTY LINE.—The term ‘poverty ‘‘(II) an education program assisting stu- Immigration and Nationality Act (8 U.S.C. line’ has the meaning given the term in sec- dent in— 1221 et seq.) is amended by adding at the end tion 673 of the Community Services Block ‘‘(aa) obtaining— the following: Grant Act (42 U.S.C. 9902). ‘‘(AA) a regular high school diploma; or ‘‘SEC. 244A. CANCELLATION OF REMOVAL FOR ‘‘(14) SECONDARY SCHOOL.—The term ‘sec- ‘‘(BB) the recognized equivalent of a reg- CERTAIN LONG-TERM RESIDENTS ondary school’ has the meaning given the ular high school diploma; or WHO ENTERED THE UNITED STATES term in section 8101 of the Elementary and ‘‘(bb) passing— AS CHILDREN. Secondary Education Act of 1965 (20 U.S.C. ‘‘(AA) a general educational development ‘‘(a) DEFINITIONS.—In this section: 7801). exam;

VerDate Sep 11 2014 03:21 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G14FE6.044 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S960 CONGRESSIONAL RECORD — SENATE February 14, 2018 ‘‘(BB) a high school equivalence diploma ‘‘(B) is younger than 18 years of age and is shall establish that the alien has registered examination; or homeless; under the Military Selective Service Act (50 ‘‘(CC) any other similar State-authorized ‘‘(C)(i) cannot care for himself or herself U.S.C. 3801 et seq.), if the alien is subject to exam; or because of a serious, chronic disability; and registration under that Act. ‘‘(iv)(I) has served, is serving, or has en- ‘‘(ii) received total income, during the 1- ‘‘(k) DETERMINATION OF CONTINUOUS PRES- listed in the Armed Forces; or year period immediately preceding the date ENCE.— ‘‘(II) in the case of an alien who has been on which the alien files an application under ‘‘(1) TERMINATION OF CONTINUOUS PERIOD.— discharged from the Armed Forces, has re- this section, that is less than 150 percent of Any period of continuous physical presence ceived an honorable discharge; the poverty line; or in the United States of an alien who applies ‘‘(E)(i) the alien has paid any applicable ‘‘(D)(i) during the 1-year period imme- for permanent resident status on a condi- Federal tax liability incurred by the alien diately preceding the date on which the alien tional basis under this section shall not ter- during the entire period for which the alien files an application under this section, accu- minate on the date on which the alien is was authorized to work in the United States; mulated $10,000 or more in debt as a result of served a notice to appear under section or unreimbursed medical expenses incurred by 239(a). ‘‘(ii) the alien has entered into an agree- the alien or an immediate family member of ‘‘(2) TREATMENT OF CERTAIN BREAKS IN ment to pay, through a payment installment the alien; and PRESENCE.— plan approved by the Commissioner of Inter- ‘‘(ii) received total income, during the 1- ‘‘(A) IN GENERAL.—Except as provided in nal Revenue, any applicable Federal tax li- year period immediately preceding the date subparagraphs (B) and (C), an alien shall be ability incurred by the alien during the en- on which the alien files an application under considered to have failed to maintain contin- tire period for which the alien was author- this section, that is less than 150 percent of uous physical presence in the United States ized to work in the United States; and the poverty line. if the alien has departed from the United ‘‘(F) the alien was under the age of 38 years ‘‘(g) SUBMISSION OF BIOMETRIC AND BIO- States for any period greater than 90 days or GRAPHIC DATA.— on June 15, 2012. for any periods, in the aggregate, greater ‘‘(1) IN GENERAL.—The Secretary may not ‘‘(c) WAIVER.— than 180 days. grant an alien permanent resident status on ‘‘(1) IN GENERAL.—With respect to any ben- ‘‘(B) EXTENSIONS FOR EXTENUATING CIR- a conditional basis under this section unless efit under this section, the Secretary may, CUMSTANCES.—The Secretary may extend the the alien submits biometric and biographic on a case-by-case basis, waive a ground of in- time periods described in subparagraph (A) data, in accordance with procedures estab- admissibility under paragraph (2), (6)(E), for an alien who demonstrates that the fail- lished by the Secretary. (6)(G), or (10)(D) of section 212(a)— ure to timely return to the United States ‘‘(2) ALTERNATIVE PROCEDURE.—The Sec- ‘‘(A) for humanitarian purposes; or was due to extenuating circumstances be- retary shall provide an alternative procedure ‘‘(B) if the waiver is otherwise in the public yond the control of the alien, including the for any alien who is unable to provide the bi- interest. serious illness of the alien, or death or seri- ometric or biographic data referred to in ‘‘(2) QUARTERLY REPORT.—Not later than ous illness of a parent, grandparent, sibling, paragraph (1) due to of a physical impair- 180 days after the date of enactment of this or child of the alien. ment. section, and quarterly thereafter, the Sec- ‘‘(C) TRAVEL AUTHORIZED BY THE SEC- ‘‘(h) BACKGROUND CHECKS.— retary shall submit to Congress a report that RETARY.—Any period of travel outside of the ‘‘(1) REQUIREMENT FOR BACKGROUND identifies, for the preceding quarter— United States by an alien that was author- CHECKS.—The Secretary shall use biometric, ‘‘(A) the number of waivers requested by ized by the Secretary may not be counted to- aliens under paragraph (1); biographic, and other data that the Sec- retary determines appropriate— ward any period of departure from the ‘‘(B) the number of waiver requests granted United States under subparagraph (A). by the Secretary under that paragraph; and ‘‘(A) to conduct security and law enforce- ment background checks of an alien seeking ‘‘(l) LIMITATION ON REMOVAL OF CERTAIN ‘‘(C) the number of waiver requests denied ALIENS.— by the Secretary under that paragraph. permanent resident status on a conditional basis; and ‘‘(1) IN GENERAL.—The Secretary or the At- ‘‘(d) TREATMENT OF EXPUNGED CONVIC- torney General may not remove an alien who TIONS.— ‘‘(B) to determine whether there is any criminal, national security, or other factor appears prima facie eligible for relief under ‘‘(1) IN GENERAL.—An expunged conviction this section. shall not automatically be treated as a con- that would render the alien ineligible for ‘‘(2) ALIENS SUBJECT TO REMOVAL.—With re- viction referred to in subsection (b)(2)(C)(iii), permanent resident status on a conditional basis. spect to an alien who is in removal pro- (o)(3)(A)(iii), or (p)(1)(A)(i)(III). ceedings, the subject of a final removal ‘‘(2) CASE-BY-CASE EVALUATION.—The Sec- ‘‘(2) COMPLETION OF BACKGROUND CHECKS.— The security and law enforcement back- order, or the subject of a voluntary depar- retary shall evaluate an expunged conviction ture order, the Attorney General shall pro- on a case-by-case basis according to the na- ground checks of an alien required under paragraph (1) shall be completed, to the sat- vide the alien with a reasonable opportunity ture and severity of the offense underlying to apply for relief under this section. the expunged conviction, based on the record isfaction of the Secretary, before the date on ‘‘(m) CERTAIN ALIENS ENROLLED IN ELEMEN- of conviction, to determine whether, under which the Secretary grants the alien perma- TARY OR SECONDARY SCHOOL.— the particular circumstances, the alien is el- nent resident status on a conditional basis. ‘‘(1) STAY OF REMOVAL.—The Attorney Gen- igible for cancellation of removal, adjust- ‘‘(3) CRIMINAL RECORD REQUESTS.—With re- eral shall stay the removal proceedings of an ment to permanent resident status on a con- spect to an alien seeking permanent resident alien who— ditional basis, or other adjustment of status. status on a conditional basis, the Secretary, ‘‘(A) meets all the requirements described ‘‘(e) DACA RECIPIENTS.—With respect to a in cooperation with the Secretary of State, DACA recipient, the Secretary shall cancel shall seek to obtain from INTERPOL, in subparagraphs (A) through (C) of sub- the removal of the DACA recipient and ad- EUROPOL, or any other international or na- section (b)(2), subject to subsections (c) and just the status of the DACA recipient to the tional law enforcement agency of the coun- (d); status of an alien lawfully admitted for per- try of nationality, country of citizenship, or ‘‘(B) is at least 5 years of age; and manent residence on a conditional basis un- country of last habitual residence of the ‘‘(C) is enrolled in an elementary school, a less, since the date on which the DACA re- alien information about any criminal activ- secondary school, or an early childhood edu- cipient was granted deferred action status ity— cation program. under DACA, the DACA recipient has en- ‘‘(A) in which the alien engaged in the ‘‘(2) COMMENCEMENT OF REMOVAL PRO- gaged in conduct that would render an alien country of nationality, country of citizen- CEEDINGS.—The Secretary may not com- ineligible for deferred action status under ship, or country of last habitual residence of mence removal proceedings for an alien de- DACA. the alien; or scribed in paragraph (1). ‘‘(f) APPLICATION FEE.— ‘‘(B) for which the alien was convicted in ‘‘(3) EMPLOYMENT.—An alien whose re- ‘‘(1) IN GENERAL.—The Secretary may re- the country of nationality, country of citi- moval is stayed pursuant to paragraph (1) or quire an alien applying for permanent resi- zenship, or country of last habitual residence who may not be placed in removal pro- dent status on a conditional basis to pay a of the alien. ceedings pursuant to paragraph (2) shall, on reasonable fee that is commensurate with ‘‘(i) MEDICAL EXAMINATION.— application to the Secretary, be granted an the cost of processing the application. ‘‘(1) REQUIREMENT.—An alien applying for employment authorization document. ‘‘(2) EXEMPTION.—An applicant may be ex- permanent resident status on a conditional ‘‘(4) LIFT OF STAY.—The Secretary or At- empted from paying the fee required under basis shall undergo a medical examination. torney General may not lift the stay granted paragraph (1) only if the alien— ‘‘(2) POLICIES AND PROCEDURES.—The Sec- to an alien under paragraph (1) unless the ‘‘(A)(i) is younger than 18 years of age; retary, with the concurrence of the Sec- alien ceases to meet the requirements under ‘‘(ii) received total income, during the 1- retary of Health and Human Services, shall that paragraph. year period immediately preceding the date prescribe policies and procedures for the na- ‘‘(n) EXEMPTION FROM NUMERICAL LIMITA- on which the alien files an application under ture and timing of the examination required TIONS.—Nothing in this section or in any this section, that is less than 150 percent of under paragraph (1). other law applies a numerical limitation on the poverty line; and ‘‘(j) MILITARY SELECTIVE SERVICE.—An the number of aliens who may be granted ‘‘(iii) is in foster care or otherwise lacking alien applying for permanent resident status permanent resident status on a conditional any parental or other familial support; on a conditional basis under this section basis.

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‘‘(o) TERMS OF PERMANENT RESIDENT STA- ‘‘(ii) has not abandoned the residence of ‘‘(ii) ALTERNATIVE PROCEDURE.—The Sec- TUS ON A CONDITIONAL BASIS.— the alien in the United States; retary shall provide an alternative procedure ‘‘(1) PERIOD OF STATUS.— ‘‘(iii)(I) has acquired a degree from an in- for any applicant who is unable to provide ‘‘(A) IN GENERAL.—Permanent resident sta- stitution of higher education or has com- the biometric or biographic data referred to tus on a conditional basis is— pleted at least 2 years, in good standing, in in clause (i) due to physical impairment. ‘‘(i) subject to subparagraph (B), valid for a a program for a bachelor’s degree or higher ‘‘(E) BACKGROUND CHECKS.— period of 7 years; and degree in the United States; ‘‘(i) REQUIREMENT FOR BACKGROUND ‘‘(ii) subject to termination under para- ‘‘(II)(aa) has served in the Uniformed Serv- CHECKS.—The Secretary shall use biometric, graph (3). ices for at least 2 years; or biographic, and other data that the Sec- ‘‘(B) EXTENSION AUTHORIZED.—The Sec- ‘‘(bb) in the case of an alien who has been retary determines to be appropriate— retary may extend the period described in discharged from the Uniformed Services, has ‘‘(I) to conduct security and law enforce- subparagraph (A)(i). received an honorable discharge; or ment background checks of an alien apply- ‘‘(2) NOTICE OF REQUIREMENTS.—At the time ‘‘(III) has been employed for periods total- ing for removal of the conditional basis of an alien obtains permanent resident status ing at least 3 years and at least 75 percent of the permanent resident status of the alien; on a conditional basis, the Secretary shall the time that the alien has had a valid em- and provide notice to the alien regarding the pro- ployment authorization, except that any pe- ‘‘(II) to determine whether there is any visions of this section and the requirements riod during which the alien is not employed criminal, national security, or other factor to have the conditional basis of that status while having a valid employment authoriza- that would render the alien ineligible for re- removed. tion and is enrolled in an institution of high- moval of the conditional basis of the perma- ‘‘(3) TERMINATION OF STATUS.—The Sec- er education, a secondary school, or an edu- nent resident status of the alien. retary may terminate the permanent resi- cation program described in subsection ‘‘(ii) COMPLETION OF BACKGROUND CHECKS.— dent status on a conditional basis of an alien (b)(2)(D)(iii), shall not count toward the time The security and law enforcement back- only if the Secretary— requirements under this clause; ground checks of an alien required under ‘‘(A) subject to subsections (c) and (d), de- ‘‘(iv)(I) has paid any applicable Federal tax clause (i) shall be completed, to the satisfac- termines that the alien— liability incurred by the alien during the en- tion of the Secretary, before the date on ‘‘(i) is inadmissible under paragraph (2), (3), tire period for which the alien has been in which the Secretary removes the conditional (6)(E), (6)(G), (8), (10)(A), (10)(C), or (10)(D) of permanent resident status on a conditional basis of the permanent resident status of the section 212(a); basis; or alien. ‘‘(ii) has ordered, incited, assisted, or oth- ‘‘(II) has entered into an agreement to pay ‘‘(2) NATURALIZATION.— erwise participated in the persecution of any the applicable Federal tax liability through ‘‘(A) IN GENERAL.—For purposes of title III, person on account of race, religion, nation- a payment installment plan approved by the an alien granted permanent resident status ality, membership in a particular social Commissioner of Internal Revenue; and on a conditional basis shall be considered to group, or political opinion; or ‘‘(v) has demonstrated good moral char- have been admitted to the United States, ‘‘(iii) has been convicted of— acter during the entire period for which the and to be present in the United States, as an ‘‘(I) a felony; alien has been in permanent resident status alien lawfully admitted for permanent resi- ‘‘(II) a significant misdemeanor; or on a conditional basis. dence. ‘‘(III) 3 or more misdemeanors— ‘‘(B) CITIZENSHIP REQUIREMENT.—The condi- ‘‘(B) LIMITATIONS ON APPLICATION FOR NATU- ‘‘(aa) not occurring on the same date; and tional basis of the permanent resident status RALIZATION.— ‘‘(bb) not arising out of the same act, omis- granted to an alien under this section may ‘‘(i) IN GENERAL.—An alien shall not be nat- sion, or scheme of misconduct; and not be removed unless the alien dem- uralized— ‘‘(B) prior to the termination, provides the onstrates that the alien satisfies the require- ‘‘(I) on any date on which the alien is in alien— ments of section 312(a). permanent resident status on a conditional ‘‘(i) notice of the proposed termination; ‘‘(C) APPLICATION FEE.— basis; or and ‘‘(i) IN GENERAL.—The Secretary may re- ‘‘(II) subject to clause (iii), before the date ‘‘(ii) the opportunity for a hearing to pro- quire an alien applying for lawful permanent that is 12 years after the date on which the vide evidence that the alien meets the re- resident status under this subsection to pay alien was granted permanent resident status quirements or otherwise contest the termi- a reasonable fee that is commensurate with on a conditional basis. nation. the cost of processing the application. ‘‘(ii) ADVANCED FILING DATE.—Subject to ‘‘(4) RETURN TO PREVIOUS IMMIGRATION STA- ‘‘(ii) EXEMPTION.—An applicant may be ex- clause (iii), with respect to an alien granted TUS.—The immigration status of an alien empted from paying the fee required under permanent resident status on a conditional whose permanent resident status on a condi- clause (i) only if the alien— basis, the alien may file an application for tional basis expires under paragraph (1)(A)(i) ‘‘(I)(aa) is younger than 18 years of age; naturalization not more than 90 days before or is terminated under paragraph (3) or ‘‘(bb) received total income, during the 1- the date that is 12 years after the date on whose application for permanent resident year period immediately preceding the date which the alien was granted permanent resi- status on a conditional basis is denied shall on which the alien files an application under dent status on a conditional basis. return to the immigration status of the alien this section, that is less than 150 percent of ‘‘(iii) REDUCTION IN PERIOD.— on the day before the date on which the alien the poverty line; and ‘‘(I) IN GENERAL.—Subject to subclause (II), received permanent resident status on a con- ‘‘(cc) is in foster care or otherwise lacking the 12-year period referred to in clause (i)(II) ditional basis or applied for permanent resi- any parental or other familial support; and clause (ii) may be reduced by the number dent status on a conditional basis, as appro- ‘‘(II) is younger than 18 years of age and is of days on which the alien was a DACA re- priate. homeless; cipient, if applicable. ‘‘(p) REMOVAL OF CONDITIONAL BASIS OF ‘‘(III)(aa) cannot care for himself or herself ‘‘(II) LIMITATION.—Notwithstanding sub- PERMANENT RESIDENT STATUS.— because of a serious, chronic disability; and clause (I), the reduction in the 12-year period ‘‘(1) ELIGIBILITY FOR REMOVAL OF CONDI- ‘‘(bb) received total income, during the 1- referred to in clause (i)(II) and clause (ii) TIONAL BASIS.— year period immediately preceding the date shall be not more than 2 years. ‘‘(A) IN GENERAL.—Subject to subparagraph on which the alien files an application under ‘‘(3) LIMITATION ON CERTAIN PARENTS.—An (B), the Secretary shall remove the condi- this section, that is less than 150 percent of alien shall not be eligible to adjust status to tional basis of the permanent resident status the poverty line; or that of an alien lawfully admitted for perma- of an alien granted under this section and ‘‘(IV)(aa) during the 1-year period imme- nent residence based on a petition filed by a grant the alien status as an alien lawfully diately preceding the date on which the alien child or a son or daughter of the alien if— admitted for permanent residence if the files an application under this section, the ‘‘(A) the child or son or daughter was alien— alien accumulated $10,000 or more in debt as granted permanent resident status on a con- ‘‘(i) subject to subsections (c) and (d)— a result of unreimbursed medical expenses ditional basis; and ‘‘(I) is not inadmissible under paragraph incurred by the alien or an immediate family ‘‘(B) the alien knowingly assisted the child (2), (3), (6)(E), (6)(G), (8), (10)(A), (10)(C), or member of the alien; and or son or daughter to enter the United States (10)(D) of section 212(a); ‘‘(bb) received total income, during the 1- unlawfully. ‘‘(II) has not ordered, incited, assisted, or year period immediately preceding the date ‘‘(q) DOCUMENTATION REQUIREMENTS.— otherwise participated in the persecution of on which the alien files an application under ‘‘(1) DOCUMENTS ESTABLISHING IDENTITY.— any person on account of race, religion, na- this section, that is less than 150 percent of An alien’s application for permanent resi- tionality, membership in a particular social the poverty line. dent status on a conditional basis may in- group, or political opinion; and ‘‘(D) SUBMISSION OF BIOMETRIC AND BIO- clude, as proof of identity— ‘‘(III) has not been convicted of— GRAPHIC DATA.— ‘‘(A) a passport or national identity docu- ‘‘(aa) a felony; ‘‘(i) IN GENERAL.—The Secretary may not ment from the alien’s country of origin that ‘‘(bb) a significant misdemeanor; or remove the conditional basis of the perma- includes the alien’s name and the alien’s ‘‘(cc) 3 or more misdemeanors— nent resident status of an alien unless the photograph or fingerprint; ‘‘(AA) not occurring on the same date; and alien submits biometric and biographic data, ‘‘(B) the alien’s birth certificate and an ‘‘(BB) not arising out of the same act, in accordance with procedures established by identity card that includes the alien’s name omission, or scheme of misconduct; the Secretary. and photograph;

VerDate Sep 11 2014 03:21 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.036 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S962 CONGRESSIONAL RECORD — SENATE February 14, 2018 ‘‘(C) a school identification card that in- ‘‘(H) a birth certificate for a child of the ‘‘(I) the name, address, and telephone num- cludes the alien’s name and photograph, and alien who was born in the United States; ber of the affiant; and school records showing the alien’s name and ‘‘(I) automobile license receipts or reg- ‘‘(II) the nature and duration of the rela- that the alien is or was enrolled at the istration; tionship between the affiant and the alien. school; ‘‘(J) deeds, mortgages, or rental agreement ‘‘(C) DOCUMENTS TO ESTABLISH FOSTER ‘‘(D) a Uniformed Services identification contracts; CARE, LACK OF FAMILIAL SUPPORT, HOMELESS- card issued by the Department of Defense; ‘‘(K) tax receipts; NESS, OR SERIOUS, CHRONIC DISABILITY.—To ‘‘(E) any immigration or other document ‘‘(L) travel records; establish that the alien was in foster care, issued by the United States Government ‘‘(M) copies of money order receipts sent in lacks parental or familial support, is home- bearing the alien’s name and photograph; or or out of the country; less, or has a serious, chronic disability, the ‘‘(F) a State-issued identification card ‘‘(N) dated bank transactions; alien shall provide at least 2 sworn affidavits bearing the alien’s name and photograph. ‘‘(O) remittance records; or from individuals who are not related to the ‘‘(2) DOCUMENTS ESTABLISHING CONTINUOUS ‘‘(P) insurance policies. alien and who have direct knowledge of the PHYSICAL PRESENCE IN THE UNITED STATES.— ‘‘(4) DOCUMENTS ESTABLISHING ADMISSION TO circumstances that contain— To establish that an alien has been continu- AN INSTITUTION OF HIGHER EDUCATION.—To es- ‘‘(i) a statement that the alien is in foster ously physically present in the United tablish that an alien has been admitted to an care, otherwise lacks any parental or other States, as required under subsection institution of higher education, the alien familiar support, is homeless, or has a seri- (b)(2)(A), or to establish that an alien has shall submit to the Secretary a document ous, chronic disability, as appropriate; not abandoned residence in the United ‘‘(ii) the name, address, and telephone from the institution of higher education cer- States, as required under subsection number of the affiant; and tifying that the alien— (p)(1)(A)(ii), the alien may submit documents ‘‘(iii) the nature and duration of the rela- ‘‘(A) has been admitted to the institution; to the Secretary, including— tionship between the affiant and the alien. or ‘‘(A) employment records that include the ‘‘(D) DOCUMENTS TO ESTABLISH UNPAID MED- ‘‘(B) is currently enrolled in the institu- employer’s name and contact information; ICAL EXPENSE.—To establish that the alien tion as a student. ‘‘(B) records from any educational institu- has debt as a result of unreimbursed medical ‘‘(5) DOCUMENTS ESTABLISHING RECEIPT OF A tion the alien has attended in the United expenses, the alien shall provide receipts or States; DEGREE FROM AN INSTITUTION OF HIGHER EDU- other documentation from a medical pro- ‘‘(C) records of service from the Uniformed CATION.—To establish that an alien has ac- vider that— Services; quired a degree from an institution of higher ‘‘(i) bear the provider’s name and address; ‘‘(D) official records from a religious entity education in the United States, the alien ‘‘(ii) bear the name of the individual re- confirming the alien’s participation in a reli- shall submit to the Secretary a diploma or ceiving treatment; and gious ceremony; other document from the institution stating ‘‘(iii) document that the alien has accumu- ‘‘(E) passport entries; that the alien has received such a degree. lated $10,000 or more in debt in the past 12 ‘‘(F) a birth certificate for a child of the ‘‘(6) DOCUMENTS ESTABLISHING RECEIPT OF months as a result of unreimbursed medical alien who was born in the United States; HIGH SCHOOL DIPLOMA, GENERAL EDUCATIONAL expenses incurred by the alien or an imme- ‘‘(G) automobile license receipts or reg- DEVELOPMENT CERTIFICATE, OR A RECOGNIZED diate family member of the alien. istration; EQUIVALENT.—To establish that an alien has ‘‘(9) DOCUMENTS ESTABLISHING SERVICE IN ‘‘(H) deeds, mortgages, or rental agreement earned a high school diploma or a commen- THE UNIFORMED SERVICES.—To establish that contracts; surate alternative award from a public or an alien has served in the Uniformed Serv- ‘‘(I) tax receipts; private high school, or has obtained a gen- ices for at least 2 years and, if discharged, re- ‘‘(J) insurance policies; eral educational development certificate rec- ceived an honorable discharge, the alien ‘‘(K) remittance records; ognized under State law or a high school shall submit to the Secretary— ‘‘(L) rent receipts or utility bills bearing equivalency diploma in the United States, ‘‘(A) a Department of Defense form DD-214; the alien’s name or the name of an imme- the alien shall submit to the Secretary— ‘‘(B) a National Guard Report of Separa- diate family member of the alien, and the ‘‘(A) a high school diploma, certificate of tion and Record of Service form 22; alien’s address; completion, or other alternate award; ‘‘(C) personnel records for such service ‘‘(M) copies of money order receipts for ‘‘(B) a high school equivalency diploma or from the appropriate Uniformed Service; or money sent in or out of the United States; certificate recognized under State law; or ‘‘(D) health records from the appropriate ‘‘(N) dated bank transactions; or ‘‘(C) evidence that the alien passed a State- Uniformed Service. ‘‘(O) 2 or more sworn affidavits from indi- authorized exam, including the general edu- ‘‘(10) DOCUMENTS ESTABLISHING EMPLOY- viduals who are not related to the alien who cational development exam, in the United MENT.— have direct knowledge of the alien’s contin- States. ‘‘(A) IN GENERAL.—An alien may satisfy the uous physical presence in the United States, ‘‘(7) DOCUMENTS ESTABLISHING ENROLLMENT employment requirement under section that contain— IN AN EDUCATIONAL PROGRAM.—To establish (p)(1)(A)(iii)(III) by submitting records ‘‘(i) the name, address, and telephone num- that an alien is enrolled in any school or that— ber of the affiant; and education program described in subsection ‘‘(i) establish compliance with such em- ‘‘(ii) the nature and duration of the rela- (b)(2)(D)(iii), (m)(1)(C), or (p)(1)(A)(iii)(III), ployment requirement; and tionship between the affiant and the alien. the alien shall submit school records from ‘‘(ii) have been maintained by the Social ‘‘(3) DOCUMENTS ESTABLISHING INITIAL the United States school that the alien is Security Administration, the Internal Rev- ENTRY INTO THE UNITED STATES.—To establish currently attending that include— enue Service, or any other Federal, State, or under subsection (b)(2)(B) that an alien was ‘‘(A) the name of the school; and local government agency. younger than 18 years of age on the date on ‘‘(B) the alien’s name, periods of attend- ‘‘(B) OTHER DOCUMENTS.—An alien who is which the alien initially entered the United ance, and current grade or educational level. unable to submit the records described in States, an alien may submit documents to ‘‘(8) DOCUMENTS ESTABLISHING EXEMPTION subparagraph (A) may satisfy the employ- the Secretary, including— FROM APPLICATION FEES.—To establish that ment requirement by submitting at least 2 ‘‘(A) an admission stamp on the alien’s an alien is exempt from an application fee types of reliable documents that provide evi- passport; under subsection (f)(2) or (p)(1)(C)(ii), the dence of employment, including— ‘‘(B) records from any educational institu- alien shall submit to the Secretary the fol- ‘‘(i) bank records; tion the alien has attended in the United lowing relevant documents: ‘‘(ii) business records; States; ‘‘(A) DOCUMENTS TO ESTABLISH AGE.—To es- ‘‘(iii) employer records; ‘‘(C) any document from the Department of tablish that an alien meets an age require- ‘‘(iv) records of a labor union, day labor Justice or the Department of Homeland Se- ment, the alien shall provide proof of iden- center, or organization that assists workers curity stating the alien’s date of entry into tity, as described in paragraph (1), that es- in employment; the United States; tablishes that the alien is younger than 18 ‘‘(v) sworn affidavits from individuals who ‘‘(D) hospital or medical records showing years of age. are not related to the alien and who have di- medical treatment or hospitalization, the ‘‘(B) DOCUMENTS TO ESTABLISH INCOME.—To rect knowledge of the alien’s work, that con- name of the medical facility or physician, establish the alien’s income, the alien shall tain— and the date of the treatment or hospitaliza- provide— ‘‘(I) the name, address, and telephone num- tion; ‘‘(i) employment records that have been ber of the affiant; and ‘‘(E) rent receipts or utility bills bearing maintained by the Social Security Adminis- ‘‘(II) the nature and duration of the rela- the alien’s name or the name of an imme- tration, the Internal Revenue Service, or any tionship between the affiant and the alien; diate family member of the alien, and the other Federal, State, or local government and alien’s address; agency; ‘‘(vi) remittance records. ‘‘(F) employment records that include the ‘‘(ii) bank records; or ‘‘(11) AUTHORITY TO PROHIBIT USE OF CER- employer’s name and contact information; ‘‘(iii) at least 2 sworn affidavits from indi- TAIN DOCUMENTS.—If the Secretary deter- ‘‘(G) official records from a religious entity viduals who are not related to the alien and mines, after publication in the Federal Reg- confirming the alien’s participation in a reli- who have direct knowledge of the alien’s ister and an opportunity for public comment, gious ceremony; work and income that contain— that any document or class of documents

VerDate Sep 11 2014 03:21 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.036 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S963 does not reliably establish identity or that SEC. 3. REDUCTION OF FAMILY-SPONSORED IM- (ii) in clause (iii), by striking ‘‘section permanent resident status on a conditional MIGRANT VISAS. 203(a)(2)(A)’’ and inserting ‘‘section basis is being obtained fraudulently to an (a) PROHIBITION AGAINST THE SPONSOR OF 203(a)(2)’’; and unacceptable degree, the Secretary may pro- UNMARRIED CHILDREN OLDER THAN 21 YEARS (B) in subsection (k)(1)— hibit or restrict the use of such document or OF AGE BY LAWFUL PERMANENT RESIDENTS.— (i) by striking ‘‘alien unmarried son or class of documents. Section 203(a) of the Immigration and Na- daughter’s classification as a family-spon- ‘‘(r) RULEMAKING.— tionality Act (8 U.S.C. 1153(a)) is amended by sored immigrant under section 203(a)(2)(B)’’ ‘‘(1) INITIAL PUBLICATION.— striking paragraph (2) and inserting the fol- and inserting ‘‘alien child’s classification as lowing: ‘‘(A) IN GENERAL.—Not later than 90 days a family-sponsored immigrant under section after the date of enactment of this section, ‘‘(2) SPOUSES AND CHILDREN OF ALIENS LAW- 203(a)(2)’’; the Secretary shall publish in the Federal FULLY ADMITTED FOR PERMANENT RESI- (ii) by striking ‘‘son or daughter’’ and in- Register regulations implementing this sec- DENCE.— serting ‘‘child’’; and ‘‘(A) IN GENERAL.—Qualified immigrants tion. (iii) by striking ‘‘unmarried son or daugh- who are the spouse or child of an alien law- ‘‘(B) AFFIRMATIVE APPLICATION.—The regu- ter as a family-sponsored immigrant under fully admitted for permanent residence shall lations published under subparagraph (A) section 203(a)(1)’’ and inserting ‘‘child as an be allocated visas in a number not to exceed shall allow any eligible individual to imme- immediate relative under section 201(b)(2)’’; the sum of— diately apply affirmatively for the relief and ‘‘(i) 114,200; available under subsection (b) without being (6) in section 214(q)(1)(B)(i), by striking ‘‘(ii) the number (if any) by which such placed in removal proceedings. ‘‘(a)(2)(A)’’ each place such term appears and worldwide level exceeds 226,000; and ‘‘(2) INTERIM REGULATIONS.—Notwith- inserting ‘‘(a)(2)’’. ‘‘(iii) the number of visas not required for standing section 553 of title 5, United States (c) EFFECTIVE DATE.—The amendments the class described in paragraph (1). Code, the regulations published pursuant to made by this section shall take effect on the ‘‘(B) TRANSITION PERIOD.— paragraph (1)(A) shall be effective, on an in- date on which— ‘‘(i) IN GENERAL.—The Secretary of State terim basis, immediately on publication in shall not allocate a visa based on a petition (1) the Secretary of Homeland Security has the Federal Register, but may be subject to filed by an alien lawfully admitted for per- adjudicated each petition that is filed under change and revision after public notice and manent residence on behalf of an unmarried section 203(a)(2)(B) (as in effect on the day opportunity for a period of public comment. son or daughter under subparagraph (B) (as before the date of enactment of this Act) be- ‘‘(3) FINAL REGULATIONS.—Not later than in effect on the day before the date of enact- fore January 1, 2019; and 180 days after the date on which interim reg- ment of this Act) after December 31, 2018. (2) the Secretary of State has allocated to ulations are published under this subsection, each eligible alien a visa based on a petition ‘‘(ii) SAVINGS CLAUSE.—The Secretary of the Secretary shall publish final regulations State shall allocate a visa to a principal or described in paragraph (1). implementing this section. derivative beneficiary of an approved peti- SEC. 4. BORDER SECURITY. ‘‘(4) PAPERWORK REDUCTION ACT.—The re- tion filed by an alien lawfully admitted for (a) DEFINITION OF SECRETARY.—In this sec- quirements under chapter 35 of title 44, permanent residence on behalf of a spouse or tion, the term ‘‘Secretary’’ means the Sec- United States Code, (commonly known as an unmarried son or daughter under subpara- retary of Homeland Security. the ‘Paperwork Reduction Act’) shall not graph (B) (as in effect on the day before the (b) APPROPRIATIONS FOR BORDER SECU- apply to any action to implement this sub- date of enactment of this Act) before Janu- RITY.—The following sum is appropriated, section. ary 1, 2019, in accordance with that subpara- out of any money in the Treasury not other- ‘‘(s) CONFIDENTIALITY OF INFORMATION.— graph (as in effect on the day before the date wise appropriated, for U.S. Customs and Bor- ‘‘(1) IN GENERAL.—The Secretary may not of enactment of this Act), if the principal or der Protection, namely $25,000,000,000 for— disclose or use for the purpose of immigra- derivative beneficiary is otherwise eligible (1) the construction of physical barriers; tion enforcement any information provided for the visa. (2) border security technologies; in— ‘‘(C) RETENTION OF PRIORITY DATE.—In the (3) tactical infrastructure; ‘‘(A) an application filed under this sec- case of an alien child who is the principal or (4) marine vessels; tion; or derivative beneficiary of a petition filed (5) aircraft; ‘‘(B) a request for deferred action status under subparagraph (A) who turns 21 years (6) unmanned aerial systems; under DACA. old before the date on which a visa becomes (7) facilities; and ‘‘(2) REFERRALS PROHIBITED.—The Sec- available, the alien may retain the priority (8) equipment. retary may not refer to U.S. Immigration date assigned to the alien under that sub- (c) AVAILABILITY FOR FISCAL YEAR 2018.—Of and Customs Enforcement, U.S. Customs and paragraph for a petition filed under this sub- the amount appropriated by subsection (b), Border Protection, or any designee of U.S. section.’’. amounts shall be available for fiscal year Immigration and Customs Enforcement or (b) CONFORMING AMENDMENTS.—The Immi- 2018 as follows: U.S. Customs and Border Protection any in- gration and Nationality Act (8 U.S.C. 1101 et (1) For impedance and , $1,571,000,000. dividual who— seq.) is amended— (2) For domain awareness, $658,000,000. ‘‘(A) has been granted permanent resident (1) in section 101(a)(15)(V) (8 U.S.C. (3) For access and mobility, $143,000,000. status on a conditional basis; or 1101(a)(15)(V)), by striking ‘‘section (4) For the retention, recruitment, and re- ‘‘(B) was granted deferred action status 203(a)(2)(A)’’ each place such term appears location of officers of Border Patrol Agents, under DACA. and inserting ‘‘section 203(a)(2)’’; Customs Officers, and Air and Marine per- ‘‘(3) LIMITED EXCEPTION.—Notwithstanding (2) in section 201(f)(2) (8 U.S.C. 1151(f)(2)), sonnel, $148,000,000, including for not fewer paragraphs (1) and (2), information provided by striking ‘‘section 203(a)(2)(A)’’ and insert- than 615 officers of U.S. Customs and Border in an application for permanent resident sta- ing ‘‘section 203(a)(2)’’; Protection. tus on a conditional basis or a request for de- (3) in section 202— (5) To hire 615 U.S. Customs and Border ferred action status under DACA may be (A) in subsection (a)(8 U.S.C. 1152(a))— Protection Officers for deployment to ports shared with a Federal security or law en- (i) in paragraph (2), by striking ‘‘(3), (4), of entry, $75,000,000. forcement agency— and (5)’’ and inserting ‘‘(3) and (4)’’ (d) AVAILABILITY FOR FISCAL YEARS 2019 ‘‘(A) for assistance in the consideration of (ii) by striking paragraph (4); and THROUGH 2027.— an application for permanent resident status (iii) by redesignating paragraph (5) as para- (1) IN GENERAL.—Subject to subsection (f), on a conditional basis; graph (4); and of the amount appropriated by subsection ‘‘(B) to identify or prevent fraudulent (B) in subsection (e), by striking ‘‘, or as (b), the amount available for each of fiscal claims; limiting the number of visas that may be years 2019 through 2027 shall be $2,500,000,000. ‘‘(C) for national security purposes; or issued under section 203(a)(2)(A) pursuant to (2) LIMITATION.—Amounts appropriated ‘‘(D) for the investigation or prosecution of subsection (a)(4)(A)’’; under subsection (b) for fiscal years 2018 and any felony not related to immigration sta- (4) in section 203(h)— 2019 shall only be available for operationally tus. (A) in paragraph (3), by striking ‘‘sub- effective designs deployed as of the date of ‘‘(4) PENALTY.—Any person who knowingly sections (a)(2)(A) and (d)’’ and inserting the Consolidated Appropriations Act, 2017 uses, publishes, or permits information to be ‘‘subsection (d)’’; and (Public Law 115–31), such as currently de- examined in violation of this subsection (B) by striking ‘‘(a)(2)(A)’’ each place such ployed steel bollard designs, that prioritize shall be fined not more than $10,000.’’. term appears and inserting ‘‘(a)(2)’’; agent safety. (b) CONFORMING AMENDMENT.—The table of (5) in section 204— (e) REPORT ON PLAN FOR IMPROVEMENT OF contents of the Immigration and Nationality (A) in subsection (a)(1)(B)— BORDER SECURITY.— Act (8 U.S.C. 1101 note) is amended by insert- (i) in clause (ii)— (1) IN GENERAL.—Not later than 180 days ing after the item relating to section 244 the (I) in subclause (I), by striking ‘‘if such a after the date of the enactment of this Act, following: child has not been classified under clause the Secretary shall submit to the Commit- ‘‘Sec. 244A. Cancellation of removal for cer- (iii) of section 203(a)(2)(A) and’’; and tees on Appropriations of the Senate and the tain long-term residents who (II) in subclause (II)(cc), by striking ‘‘sec- House of Representatives and the Commit- entered the United States as tion 203(a)(2)(A)’’ and inserting ‘‘section tees of jurisdiction of the Senate and the children.’’. 203(a)(2)’’; and House of Representatives a risk-based plan

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for improving security along the borders of through 2027 shall not be available for such (1) DEFINITION.—In this subsection, the the United States, including the use of per- fiscal year unless— term ‘‘covered appropriation amount’’ means sonnel, fencing, other forms of tactical infra- (A) the Secretary submits to Congress, not the amount appropriated for border security structure, and technology. later than 60 days before the beginning of for a fiscal year under subsection (b). (2) ELEMENTS.—The report required by this such fiscal year, a report setting forth— (2) POINT OF ORDER IN THE SENATE.— subsection shall include the following: (i) a description of every planned expendi- (A) POINT OF ORDER.— (A) A statement of goals, objectives, ac- ture in such fiscal year under the plan re- (i) IN GENERAL.—In the Senate, it shall not tivities, and milestones for the plan. quired by subsection (e) in an amount in ex- be in order to consider a provision in a bill, (B) A detailed implementation schedule for cess of $50,000,000; joint resolution, motion, amendment, the plan with estimates for the planned obli- (ii) a description of the total number of amendment between the Houses, or con- gation of funds for fiscal years 2019 through miles of security fencing or barriers that will ference report that would reduce the covered 2027 that are linked to the milestone-based be constructed in such fiscal year under the appropriation amount for a fiscal year. delivery of specific— plan; (ii) POINT OF ORDER SUSTAINED.—If a point (i) capabilities and services; (iii) a statement of the number of new U.S. of order is made by a Senator against a pro- (ii) mission benefits and outcomes; Customs and Border Protection Officers to vision described in clause (i), and the point (iii) program management capabilities; and be hired in such fiscal year under the plan of order is sustained by the Chair, that pro- (iv) lifecycle cost estimates. and the intended location of deployment; vision shall be stricken from the measure (C) A description of the manner in which (iv) a description of the new roads to be in- and may not be offered as an amendment specific projects under the plan will enhance stalled in such fiscal year under the plan; from the floor. border security goals and objectives and ad- (v) a description of the land to be acquired (B) FORM OF THE POINT OF ORDER.—A point dress the highest priority border security in such fiscal year under the plan, includ- of order under subparagraph (A) may be needs. ing— raised by a Senator as provided in section (D) An identification of the planned loca- (I) all necessary land acquisitions; 313(e) of the Congressional Budget Act of 1974 tions, quantities, and types of resources, (II) the total number of necessary con- (2 U.S.C. 644(e)). such as fencing, other physical barriers, or demnation actions; and (C) CONFERENCE REPORTS.—When the Sen- other tactical infrastructure and technology, (III) the precise number of landowners that ate is considering a conference report on, or under the plan. will be affected by the construction of such an amendment between the Houses in rela- (E) A description of the and physical barriers; tion to, a bill or joint resolution, upon a analyses used to select specific resources for (vi) a description of the amount and types point of order being made by any Senator deployment to particular locations under the of technology to be acquired for each of the pursuant to subparagraph (A), and such point plan that includes— northern border and the southern border in of order being sustained, such material con- (i) analyses of alternatives, including com- such fiscal year under the plan; and tained in such conference report or House parative costs and benefits; (vii) a statement of the percentage of each amendment shall be stricken, and the Senate (ii) an assessment of effects on commu- of the northern border and the southern bor- shall proceed to consider the question of nities and property owners near areas of in- der for which the Department of Homeland whether the Senate shall recede from its frastructure deployment; and amendment and concur with a further Security will obtain full situational aware- (iii) a description of other factors critical amendment, or concur in the House amend- ness in such fiscal year under the plan; and to the decision-making process. ment with a further amendment, as the case (B) not later than October 1 of such fiscal (F) An identification of staffing require- may be, which further amendment shall con- year, the Secretary certifies to Congress ments under the plan, including full-time sist of only that portion of the conference re- that the Department of Homeland achieved equivalents, contractors, and detailed per- port or House amendment, as the case may not less than 75 percent of the goals of the sonnel, by activity. be, not so stricken. Any such motion in the Department under the plan (other than for (G) A description of performance metrics Senate shall be debatable. In any case in land acquisition) for the prior fiscal year. for the plan for assessing and reporting on which such point of order is sustained (2) AVAILABILITY WITHOUT CERTIFICATION.— the contributions of border security capabili- against a conference report (or Senate If the Secretary is unable to make the cer- ties realized from current and future invest- amendment derived from such conference re- ments. tification described in paragraph (1)(B) with port by operation of this subsection), no fur- (H) A description of the status of the ac- respect to a fiscal year as of October 1 of the ther amendment shall be in order. succeeding fiscal year, the amount specified tions of the Department of Homeland Secu- (D) SUPERMAJORITY WAIVER AND APPEAL.— rity to address open recommendations by the in subsection (d) for such succeeding fiscal In the Senate, this paragraph may be waived Office of Inspector General and the Govern- year shall not be available except pursuant or suspended only by an affirmative vote of ment Accountability Office relating to bor- to an Act of Congress specifically making three-fifths of the Members, duly chosen and der security, including plans, schedules, and such amount available for such succeeding sworn. An affirmative vote of three-fifths of associated milestones for fully addressing fiscal year that is enacted into law in such Members of the Senate, duly chosen and such recommendations. succeeding fiscal year. sworn shall be required to sustain an appeal (g) AVAILABILITY.—If amounts described in (I) A comprehensive plan to consult State of the ruling of the Chair on a point of order subsection (d) are available for a fiscal year, and local elected officials on the eminent do- raised under this paragraph. such amounts shall remain available for 5 main and construction process relating to (l) ENFORCEMENT PRIORITIES.— years. (1) DEFINITIONS.—In this subsection: physical barriers; (h) LIMITATION.—Notwithstanding any (A) FELONY.— (J) A comprehensive analysis, following other provision of law, none of the amounts consultation with the Secretary of Interior appropriated under this section may be re- (i) IN GENERAL.—The term ‘‘felony’’ means and the Administrator of the Environmental programmed for or transferred to any other a Federal, State, or local criminal offense Protection Agency, of the environmental im- component of the Department of Homeland punishable by imprisonment for a term that pacts of the construction and placement of Security. exceeds 1 year. physical barriers planned along the South- (i) BUDGET REQUEST.—An expenditure plan (ii) EXCLUSION.—The term ‘‘felony’’ does west border, including barriers in the Santa for amounts made available pursuant to sub- not include a State or local criminal offense Ana National Wildlife Refuge; section (b)— for which an essential element is the immi- (K) Certifications by the Under Secretary (1) shall be included in each budget for a gration status of an alien. of Homeland Security for Management, in- fiscal year submitted by the President under (B) MISDEMEANOR.— cluding all documents, memoranda, and a de- section 1105 of title 31, United States Code; (i) IN GENERAL.—The term ‘‘misdemeanor’’ scription of the investment review and infor- and means a Federal, State, or local criminal of- mation technology management oversight (2) shall describe planned obligations by fense for which— and processes supporting such certifications, program, project, and activity in the receiv- (I) the maximum term of imprisonment that— ing account at the same level of detail pro- is— (i) the plan has been reviewed and approved vided for in the request for other appropria- (aa) greater than 5 days; and in accordance with an acquisition review tions in that account. (bb) not greater than 1 year; and management process that complies with cap- (j) BUDGETARY EFFECTS.— (II) the individual was sentenced to time in ital planning and investment control and re- (1) IN GENERAL.—The budgetary effects of custody of 90 days or less. view requirements established by the Office this section shall not be entered on either (ii) EXCLUSION.—The term ‘‘misdemeanor’’ of Management and Budget, including as pro- PAYGO scorecard maintained pursuant to does not include a State or local offense for vided in Circular A–11, part 7; and section 4(d) of the Statutory Pay-As-You-Go which an essential element is— (ii) all activities under the plan comply Act of 2010. (I) the immigration status of the alien; with Federal acquisition rules, requirements, (2) SENATE PAYGO SCORECARDS.—The budg- (II) a significant misdemeanor; or guidelines, and practices. etary effects of this section shall not be en- (III) a minor traffic offense. (f) LIMITATION ON AVAILABILITY FOR FISCAL tered on any PAYGO scorecard maintained (C) SIGNIFICANT MISDEMEANOR.— YEARS 2019 THROUGH 2027.— for purposes of section 4106 of H.Con.Res. 71 (i) IN GENERAL.—The term ‘‘significant (1) LIMITATION.—The amount specified in (115th Congress). misdemeanor’’ means a Federal, State, or subsection (d) for each of fiscal years 2019 (k) POINT OF ORDER.— local criminal offense—

VerDate Sep 11 2014 03:21 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.036 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S965 (I) for which the maximum term of impris- under rule XXII, the Chair directs the EXECUTIVE SESSION onment is— clerk to read the motion. (aa) more than 5 days; and The senior assistant legislative clerk (bb) not more than 1 year; and EXECUTIVE CALENDAR (II)(aa) that, regardless of the sentence im- read as follows: Mr. MCCONNELL. Mr. President, I posed, is— CLOTURE MOTION ask unanimous consent that the Sen- (AA) a crime of domestic violence (as de- We, the undersigned Senators, in accord- fined in section 237(a)(2)(E)(i)) of the Immi- ate proceed to executive session for the ance with the provisions of rule XXII of the consideration of the following nomina- gration and Nationality Act (8 U.S.C. Standing Rules of the Senate, do hereby 1227(a)(2)(E)(i)); or move to bring to a close debate on Senate tion: Executive Calendar No. 586. (BB) an offense of— amendment No. 1948 to H.R. 2579, an act to The PRESIDING OFFICER. Is there (CC) sexual abuse or exploitation; amend the Internal Revenue Code of 1986 to objection? (DD) burglary; allow the premium tax credit with respect to Without objection, it is so ordered. (EE) unlawful possession or use of a fire- unsubsidized COBRA continuation coverage. The clerk will report the nomination. arm; Mitch McConnell, Thom Tillis, Chuck The senior assistant legislative clerk (FF) drug distribution or trafficking; or Grassley, John Cornyn, David Perdue, read the nomination of Margaret (GG) driving under the influence, if the ap- John Thune, Cory Gardner, Lindsey plicable State law requires, as elements of Weichert, of Georgia, to be Deputy Di- Graham, Bob Corker, James Lankford, rector for Management, Office of Man- the offense, the operation of a motor vehicle John Hoeven, Rob Portman, Lamar and a finding of impairment or a blood alco- agement and Budget. Alexander, Steve Daines, Shelley Thereupon, the Senate proceeded to hol content equal to or greater than .08; or Moore Capito, Dan Sullivan. (bb) that resulted in a sentence of time in consider the nomination. custody of more than 90 days. CLOTURE MOTION Mr. MCCONNELL. I ask unanimous (ii) EXCLUSION.—The term ‘‘significant Mr. MCCONNELL. Mr. President, I consent that the Senate vote on the misdemeanor’’ does not include a State or send a cloture motion to the desk for nomination with no intervening action local offense for which an essential element amendment No. 1958, as modified. or debate; that if confirmed, the mo- is the immigration status of an alien. tion to reconsider be considered made (2) PRIORITIES.—In carrying out immigra- The PRESIDING OFFICER. The clo- tion enforcement activities, the Secretary ture motion having been presented and laid upon the table; that the Presi- shall prioritize available immigration en- under rule XXII, the Chair directs the dent be immediately notified of the forcement resources to aliens who— clerk to read the motion. Senate’s action; that no further mo- (A) have been convicted of— The senior assistant legislative clerk tions be in order; and that any state- (i) a felony; read as follows: ments relating to the nomination be (ii) a significant misdemeanor; or printed in the RECORD. (iii) 3 or more misdemeanor offenses; CLOTURE MOTION The PRESIDING OFFICER. Without (B) pose a threat to national security or We, the undersigned Senators, in accord- objection, it is so ordered. public safety; or ance with the provisions of rule XXII of the The question is, Will the Senate ad- (C)(i) are unlawfully present in the United Standing Rules of the Senate, do hereby States; and vise and consent to the Weichert nomi- move to bring to a close debate on Senate nation? (ii) arrived in the United States after June amendment No. 1958, as modified, to H.R. 30, 2018. 2579, an act to amend the Internal Revenue The nomination was confirmed. SEC. 5. OFFICE OF PROFESSIONAL RESPONSI- Code of 1986 to allow the premium tax credit f BILITY. with respect to unsubsidized COBRA con- NOMINATIONS DISCHARGED Not later than September 30, 2021, the tinuation coverage. Commissioner of U.S. Customs and Border Mitch McConnell, Thom Tillis, Chuck Mr. MCCONNELL. Mr. President, I Protection shall hire, train, and assign suffi- Grassley, John Cornyn, David Perdue, ask unanimous consent that the Com- cient special agents at the Office of Profes- John Thune, Cory Gardner, Lindsey mittee on Commerce, Science, and sional Responsibility. Graham, Bob Corker, James Lankford, Transportation be discharged from and The PRESIDING OFFICER. The ma- Lisa Murkowski, John Hoeven, Rob the Senate proceed to the consider- jority leader. Portman, Lamar Alexander, Steve ation of PN474–2; that the nominations Daines, Shelley Moore Capito. CLOTURE MOTION be confirmed, the motions to recon- Mr. MCCONNELL. Mr. President, I CLOTURE MOTION sider be considered made and laid upon send a cloture motion to the desk for Mr. MCCONNELL. Mr. President, I the table with no intervening action or amendment No. 1955. send a cloture amendment to the desk debate; that no further motions be in The PRESIDING OFFICER. The clo- for amendment No. 1959. order; that any statements related to ture motion having been presented The PRESIDING OFFICER. The clo- the nominations be printed in the under rule XXII, the Chair directs the ture motion having been presented RECORD; that the President be imme- clerk to read the motion. under rule XXII, the Chair directs the diately notified of the Senate’s action, The senior assistant legislative clerk clerk to read the motion. and the Senate then resume legislative read as follows: The senior assistant legislative clerk session. CLOTURE MOTION read as follows: The PRESIDING OFFICER. Without objection, it is so ordered. We, the undersigned Senators, in accord- CLOTURE MOTION ance with the provisions of rule XXII of the The nominations considered and con- Standing Rules of the Senate, do hereby We, the undersigned Senators, in accord- firmed are as follows: ance with the provisions of rule XXII of the move to bring to a close debate on amend- IN THE COAST GUARD ment No. 1955 to H.R. 2579, an act to amend Standing Rules of the Senate, do hereby move to bring to a close debate on Senate The following named officers for appoint- the Internal Revenue Code of 1986 to allow ment in the United States Coast Guard to the premium tax credit with respect to un- amendment No. 1959 to H.R. 2579, an act to amend the Internal Revenue Code of 1986 to the grade indicated under title 14, U.S.C., subsidized COBRA continuation coverage. section 271(d): Angus S. King, Jr., Christopher A. Coons, allow the premium tax credit with respect to To be rear admiral Heidi Heitkamp, Joe Donnelly, Tim unsubsidized COBRA continuation coverage. Kaine, Mark R. Warner, Sheldon Mitch McConnell, Thom Tillis, Chuck Rear Adm. (lh) Steven J. Andersen Whitehouse, Debbie Stabenow, Mar- Grassley, John Cornyn, David Perdue, Rear Adm. (lh) Keith M. Smith John Thune, Cory Gardner, Lindsey garet Wood Hassan, Jeanne Shaheen, f Jack Reed, Tammy Baldwin, Patty Graham, Bob Corker, James Lankford, Murray, Edward J. Markey, Amy Klo- John Hoeven, Rob Portman, Lamar LEGISLATIVE SESSION buchar, Richard J. Durbin, Brian Alexander, Steve Daines, Shelley Moore Capito, Dan Sullivan. The PRESIDING OFFICER. The Sen- Schatz, Charles E. Schumer. ate will now resume legislative session. CLOTURE MOTION Mr. MCCONNELL. Mr. President, I f Mr. MCCONNELL. Mr. President, I ask unanimous consent that the man- send a cloture motion to the desk for datory quorum calls for the cloture MORNING BUSINESS amendment No. 1948. motions be waived. Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. The clo- The PRESIDING OFFICER. Without ask unanimous consent that the Sen- ture motion having been presented objection, it is so ordered. ate be in a period of morning business,

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Mr. President, last and medical leave to cover more Amer- Gladys did not just love America; she week marked the 25th anniversary of icans. I am committed to doing my loved Americans. She could not visit to the Family and Medical Leave Act, a part to ensure fairer workplaces and a town, eat a meal, fly on a plane, or landmark law that resulted in an im- better health and financial security for stand in a line without making a portant victory for working families in hardworking families across the coun- friend. Funny and full of life, Gladys Illinois and across the country. I am try. attracted friends like few others. She proud that I supported this bill in 1993 f knew someone almost everywhere and while serving in the House of Rep- stayed in touch constantly. When she resentatives. REMEMBERING GLADYS LLANES would go back through their State, she Before passage of the Family and Mr. RUBIO. Mr. President, today I would go out of her way to visit, share Medical Leave Act, being a working want to commemorate the life of Glad- a meal, and stay at their homes. When parent meant that you might have to ys Llanes, who passed away last week folks from across the country came to choose between keeping your job or in Miami, FL. As she was in life, in the south Florida, they wanted see the taking care of yourself and your fam- end, she was surrounded by family and ocean and feel the Sun, but they also ily. This is an impossible choice that friends who loved and cared for her wanted to catch up with their friend no hard-working American should have deeply. Gladys served as a senior con- Gladys. Everywhere that Gladys went, to make. This legislation extended im- stituent services representative in my she took photos. Family photos, land- portant protections to workers so that office specializing in immigration scape photos, photos of friends—Gladys they would no longer have to risk los- issues. would tell you, if you did not take a ing their job in order to care for a new I was not the first Senator for whom photo, how would you know it hap- child or a loved one who is seriously ill Gladys worked. That honor goes to the pened? I cannot count how many or to address their own serious health senior Senator from New Jersey. Even photos I took with Gladys—easily doz- condition. though she had lived in South Florida ens. We took one together almost every But for too many hard-working for a number of years, Gladys remained time I saw her, and I can trace how Americans, taking unpaid leave is still a Jersey girl through and through. being a Senator has aged me just going not an option. These workers could be I was fortunate to have Gladys in my through my photos with Gladys over fired for taking time to care for a loved office, and the people of Florida were the years. Sometimes I would take a one, meaning they can’t buy food, fortunate to have Gladys working for photo with her after having taken one clothes for their kids, or pay medical them because she was the best at what a few days before and wonder why we bills. In Illinois alone, unpaid leave she did. I do not say that as conjecture; needed to take another one so soon. through the Family and Medical Leave I know she was the best. I heard it from Nevertheless, Gladys always insisted Act is inaccessible for 60 percent of her colleagues, from the constituents we take one more photo. What we working adults. I have heard from she served, from the attorneys she as- would not give to have a few more op- many of these constituents. They are sisted, and from the agency with which portunities to take more photos with worried about the impossible choices she worked daily. Gladys was so good her. they are forced to make in order to at her job that, when the agency want- A photo captures a moment in times, take care of themselves and their loved ed to train their own staff on how to moments that are fleeting and pass in- ones. work with congressional offices, they stantly, but added up, life is a series of Additionally, just 15 percent of brought Gladys to their training moments and memories. Gladys Llanes American workers have access to paid throughout the country to help teach captured those moments to live a life family leave. These gaps cost nearly agency staff. That is high and an full of joy and accomplishment. She is $21 billion in lost wages annually, mak- acknowledgment of professional excel- missed by her friends and family, and ing it more difficult for parents and lence. The stories have come rushing we will remember her and all the mo- family caregivers to boost their earn- out as people have heard of her passing: ments she was with us. ings and savings over time. families reunited who thought they f At the same time, the responsibil- would never see each other again, ADDITIONAL STATEMENTS ities of the American workforce have daughters able to spend the last mo- changed in the past 25 years. As work- ments of their parent’s life with them ing Americans get older, they are more because of a visa issued, family mem- TRIBUTE TO PAUL REEDER likely to require medical care and sup- bers who needed admittance to this ∑ Mr. TESTER. Mr. President, today I port from their loved ones to recover country to donate organs to loved ones, wish to honor Paul Reeder, a retired from illness. At the same time, more children who are alive today because Billings Police Department chaplain, and more women are becoming the Gladys helped them get into this coun- for his unwavering faith, rock-solid breadwinner for their families; among try to receive the lifesaving treatment dedication, and compassionate heart. women of color in my home State, this they needed. Repeatedly, Gladys found His words of wisdom have brought trend couldn’t be clearer. Eighty-four ways to make the seemingly impos- comfort, peace, and joy to families all percent of Black mothers and 49 per- sible possible. She lived an impactful across Billings and the State of Mon- cent of Latina mothers in Illinois are and meaningful life and touched thou- tana. the breadwinners in their family. sands of lives for the better. Paul was born to John and Ella Reed- In Congress, we must do more to en- But there was so much more to Glad- er during the Great Depression, and as sure that family leave is widely acces- ys than just her professional success. a young boy, Paul helped support his sible and fits the needs of today’s Gladys was fiercely patriotic and loved family, working in their garden, rais- workforce. I am proud to be a cospon- America—not the ideals of America or ing food, and helping to preserve it sor of the FAMILY Act, which would America in theory, she loved America, each fall. create a national paid family and med- and she made it her mission to see as Paul took his first job in the min- ical leave policy. Expanding access to much of it as possible. In her 50th year, istry in 1955 in Valier, MT, before mov- paid family leave makes it easier for Gladys met her goal of seeing each of ing to Havre in 1958 to pastor at the parents and caregivers to return to the 50 States. Just driving through a First Baptist Church. their jobs and stay in the workforce. It State or transferring in an airport did In 1966, he and his family moved to also means they have more money to not count; she actually had to spend Great Falls, where he led the Riverview

VerDate Sep 11 2014 04:02 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G14FE6.056 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S967 Baptist Church. After a few years cation research focused on early childhood; and second times by unanimous con- there, he reached out to other commu- to the Committee on Commerce, Science, sent, and referred as indicated: nity organizations in the area facing and Transportation. H.R. 4376. An act to direct the Secretary of By Mr. CARDIN (for himself, Mr. administrative challenges. Energy to carry out certain upgrades to re- BROWN, and Ms. WARREN): Finally, he, his wife, Mary, and their search equipment and the construction of a S. 2425. A bill to amend the Internal Rev- three children Doug, Karen, and Bar- research user facility, and for other pur- enue Code of 1986 to repeal the Internal Rev- bara moved to Billings, where Paul ac- poses; to the Committee on Energy and Nat- enue Service’s private debt collection pro- cepted the directorship of Friendship ural Resources. gram; to the Committee on Finance. By Mrs. GILLIBRAND: House of Christian Service. He helped H.R. 4377. An act to direct the Secretary of Energy to carry out certain upgrades to re- S. 2426. A bill to amend the Agricultural coordinate and expand programs there Act of 2014 to return premiums paid under including early childcare, afterschool search equipment and construct research user facilities, and for other purposes; to the the margin protection program for dairy pro- programs, and nutrition classes. Committee on Energy and Natural Re- ducers to participating dairy operations; to Though Paul is retired, he continues sources. the Committee on Agriculture, Nutrition, to preach one Sunday each month at H.R. 4378. An act to direct the Secretary of and Forestry. All Nations Church and still attends Energy to carry out the construction of a By Mr. PETERS (for himself and Mr. morning briefings at the Billings Po- versatile reactor-based fast neutron source, BURR): and for other purposes; to the Committee on S. 2427. A bill to establish a task force to lice Department. identify countervailable subsidies and dump- Paul has built a life around helping Energy and Natural Resources. H.R. 4675. An act to amend the Energy Pol- ing; to the Committee on Finance. others and building stronger commu- icy Act of 2005 to provide for a low-dose radi- By Mr. HATCH: nities. ation basic research program; to the Com- S. 2428. A bill to amend the Commodity Ex- He is a role model for Montana, and mittee on Energy and Natural Resources. change Act to exempt certain small entities Billings is a better place because of his H.R. 4979. An act to extend the Generalized dealing in foreign exchange that serve small- work.∑ System of Preferences and to make technical and medium-sized businesses from certain changes to the competitive need limitations capital and margin requirements, and for f provision of the program; to the Committee other purposes; to the Committee on Agri- MESSAGE FROM THE HOUSE on Finance. culture, Nutrition, and Forestry. By Mr. BROWN (for himself, Mr. COR- f At 11:20 a.m., a message from the NYN, Ms. KLOBUCHAR, Mr. NELSON, House of Representatives, delivered by ENROLLED BILL PRESENTED Mr. PORTMAN, Mr. TILLIS, and Mrs. Mr. Novotny, one of its reading clerks, The Secretary of the Senate reported FEINSTEIN): announced that the House has passed S. 2429. A bill to amend chapter 77 of title that on today, February 14, 2018, she the following bills, in which it requests 18, United States Code, to clarify that using had presented to the President of the the concurrence of the Senate: drugs or illegal substances to cause a person United States the following enrolled to engage in a commercial sex act con- H.R. 3397. An act to direct the National bill: stitutes coercion and using drugs or illegal Science Foundation to support STEM edu- substances to provide or obtain the labor or cation research focused on early childhood. S. 96. An act to amend the Communica- services of a person constitutes forced labor; H.R. 4376. An act to direct the Secretary of tions Act of 1934 to ensure the integrity of to the Committee on the Judiciary. Energy to carry out certain upgrades to re- voice communications and to prevent unjust By Mr. COONS (for himself, Mr. search equipment and the construction of a or unreasonable discrimination among areas ROUNDS, Mr. MORAN, Mr. DONNELLY, research user facility, and for other pur- of the United States in the delivery of such Mr. MANCHIN, Mrs. ERNST, Mrs. CAP- poses. communications. ITO, and Ms. CORTEZ MASTO): H.R. 4377. An act to direct the Secretary of f S. 2430. A bill to provide a permanent ap- Energy to carry out certain upgrades to re- REPORTS OF COMMITTEES propriation of funds for the payment of search equipment and construct research death gratuities and related benefits for sur- user facilities, and for other purposes. The following reports of committees vivors of deceased members of the uniformed H.R. 4378. An act to direct the Secretary of were submitted: services in event of any period of lapsed ap- Energy to carry out the construction of a By Mr. JOHNSON, from the Committee on propriations; to the Committee on Appro- versatile reactor-based fast neutron source, Homeland Security and Governmental Af- priations. and for other purposes. fairs, with an amendment in the nature of a H.R. 4533. An act to designate the health substitute: f care system of the Department of Veterans S. 951. A bill to reform the process by SUBMISSION OF CONCURRENT AND Affairs in Lexington, Kentucky, as the ‘‘Lex- which Federal agencies analyze and formu- SENATE RESOLUTIONS ington VA Health Care System’’ and to make late new regulations and guidance docu- certain other designations. ments, and for other purposes (Rept. No. 115– The following concurrent resolutions H.R. 4675. An act to amend the Energy Pol- 208). and Senate resolutions were read, and icy Act of 2005 to provide for a low-dose radi- f referred (or acted upon), as indicated: ation basic research program. H.R. 4979. An act to extend the Generalized EXECUTIVE REPORTS OF By Mr. MCCONNELL (for himself and System of Preferences and to make technical COMMITTEE Mr. SCHUMER): changes to the competitive need limitations S. Res. 406. A resolution to authorize rep- provision of the program. The following executive reports of resentation by the Senate Legal Counsel in nominations were submitted: the case of United States v. Ahmed ENROLLED BILL SIGNED By Mr. JOHNSON for the Committee on Alahmedalabdaloklah; considered and agreed The President pro tempore (Mr. Homeland Security and Governmental Af- to. HATCH) reported that on today, Feb- fairs. f ruary 14, 2018, he has signed the fol- *Michael Rigas, of Massachusetts, to be lowing enrolled bill, which was pre- Deputy Director of the Office of Personnel ADDITIONAL COSPONSORS viously signed by the Speaker of the Management. S. 266 House: *Jeff Tien Han Pon, of Virginia, to be Di- rector of the Office of Personnel Manage- At the request of Mr. CARDIN, the S. 96. An act to amend the Communica- ment for a term of four years. names of the Senator from Connecticut tions Act of 1934 to ensure the integrity of *Nomination was reported with rec- (Mr. BLUMENTHAL), the Senator from voice communications and to prevent unjust New Jersey (Mr. BOOKER) and the Sen- or unreasonable discrimination among areas ommendation that it be confirmed sub- ator from Virginia (Mr. WARNER) were of the United States in the delivery of such ject to the nominee’s commitment to communications. respond to requests to appear and tes- added as cosponsors of S. 266, a bill to award the Congressional Gold Medal to f tify before any duly constituted com- mittee of the Senate. Anwar Sadat in recognition of his he- MEASURES REFERRED roic achievements and courageous con- f The following bills were read the first tributions to peace in the Middle East. and the second times by unanimous INTRODUCTION OF BILLS AND S. 292 consent, and referred as indicated: JOINT RESOLUTIONS At the request of Mr. REED, the H.R. 3397. An act to direct the National The following bills and joint resolu- names of the Senator from Minnesota Science Foundation to support STEM edu- tions were introduced, read the first (Ms. KLOBUCHAR) and the Senator from

VerDate Sep 11 2014 03:21 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.047 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S968 CONGRESSIONAL RECORD — SENATE February 14, 2018 Mississippi (Mr. WICKER) were added as CORTEZ MASTO) was added as a cospon- health under the Alzheimer’s Disease cosponsors of S. 292, a bill to maximize sor of S. 1027, a bill to extend the Se- and Healthy Aging Program, and for discovery, and accelerate development cure Rural Schools and Community other purposes. and availability, of promising child- Self-Determination Act of 2000. S. 2147 hood cancer treatments, and for other S. 1050 At the request of Mr. BROWN, the purposes. At the request of Ms. DUCKWORTH, names of the Senator from New Hamp- S. 339 the names of the Senator from Nevada shire (Ms. HASSAN) and the Senator At the request of Mr. NELSON, the (Ms. CORTEZ MASTO) and the Senator from New Jersey (Mr. BOOKER) were name of the Senator from Vermont from Indiana (Mr. YOUNG) were added added as cosponsors of S. 2147, a bill to (Mr. SANDERS) was added as a cospon- as cosponsors of S. 1050, a bill to award amend the Internal Revenue Code of sor of S. 339, a bill to amend title 10, a Congressional Gold Medal, collec- 1986 to create a Pension Rehabilitation United States Code, to repeal the re- tively, to the Chinese-American Vet- Trust Fund to establish a Pension Re- quirement for reduction of survivor an- erans of World War II, in recognition of habilitation Administration within the nuities under the Survivor Benefit their dedicated service during World Department of the Treasury to make Plan by veterans’ dependency and in- War II. loans to multiemployer defined benefit plans, and for other purposes. demnity compensation, and for other S. 1215 S. 2270 purposes. At the request of Mr. GRASSLEY, the At the request of Mr. DAINES, the S. 424 name of the Senator from Arkansas name of the Senator from Massachu- (Mr. COTTON) was added as a cosponsor At the request of Mr. BOOKER, the setts (Ms. WARREN) was added as a co- name of the Senator from New Jersey of S. 1215, a bill to amend part E of sponsor of S. 2270, a bill to make im- (Mr. MENENDEZ) was added as a cospon- title IV of the Social Security Act to provements to the account for the sor of S. 424, a bill to amend title 5, allow States that provide foster care State response to the opioid abuse cri- United States Code, to include certain for children up to age 21 to serve sis to improve tribal health. former foster youths through age 23 Federal positions within the definition S. 2324 under the John H. Chafee Foster Care of law enforcement officer for retire- At the request of Mr. HELLER, the ment purposes, and for other purposes. Independence Program. name of the Senator from New Jersey S. 732 S. 1537 (Mr. MENENDEZ) was added as a cospon- At the request of Mr. CARDIN, the At the request of Mr. CARDIN, the sor of S. 2324, a bill to amend the In- name of the Senator from Michigan names of the Senator from Oregon (Mr. vestment Company Act of 1940 to (Mr. PETERS) was added as a cosponsor MERKLEY) and the Senator from Massa- change certain requirements relating of S. 732, a bill to amend the Internal chusetts (Mr. MARKEY) were added as to the capital structure of business de- Revenue Code of 1986 to allow a refund- cosponsors of S. 1537, a bill to amend velopment companies, to direct the Se- able tax credit against income tax for the Neotropical Migratory Bird Con- curities and Exchange Commission to the purchase of qualified access tech- servation Act to reauthorize the Act. revise certain rules relating to business nology for the blind. S. 1689 development companies, and for other At the request of Mr. BOOZMAN, the At the request of Mr. BOOKER, the purposes. names of the Senator from Nebraska name of the Senator from New York S. 2345 (Mrs. FISCHER) and the Senator from (Mrs. GILLIBRAND) was added as a co- At the request of Mr. CORNYN, the Oklahoma (Mr. INHOFE) were added as sponsor of S. 1689, a bill to amend the names of the Senator from Michigan cosponsors of S. 732, supra. Controlled Substances Act to provide (Ms. STABENOW) and the Senator from S. 751 for a new rule regarding the applica- New Hampshire (Ms. HASSAN) were At the request of Mr. WARNER, the tion of the Act to marihuana, and for added as cosponsors of S. 2345, a bill to names of the Senator from New Hamp- other purposes. amend the DNA Analysis Backlog shire (Mrs. SHAHEEN) and the Senator S. 1719 Elimination Act of 2000 to provide addi- from Oregon (Mr. MERKLEY) were added At the request of Mr. BLUNT, the tional resources to State and local as cosponsors of S. 751, a bill to amend name of the Senator from Washington prosecutors, and for other purposes. title 54, United States Code, to estab- (Mrs. MURRAY) was added as a cospon- S. 2353 lish, fund, and provide for the use of sor of S. 1719, a bill to eliminate duties At the request of Mr. COTTON, the amounts in a National Park Service on imports of recreational performance name of the Senator from Georgia (Mr. Legacy Restoration Fund to address outerwear, to establish the Sustainable PERDUE) was added as a cosponsor of S. the maintenance backlog of the Na- Textile and Apparel Research Fund, 2353, a bill to require the Secretary of tional Park Service, and for other pur- and for other purposes. the Treasury to report on the esti- mated total assets under direct or indi- poses. S. 1917 rect control by certain senior Iranian S. 915 At the request of Mr. GRASSLEY, the leaders and other figures, and for other At the request of Mr. BROWN, the names of the Senator from Indiana purposes. names of the Senator from New Hamp- (Mr. YOUNG) and the Senator from S. 2354 shire (Ms. HASSAN) and the Senator Florida (Mr. NELSON) were added as co- At the request of Mr. UDALL, the from Minnesota (Ms. KLOBUCHAR) were sponsors of S. 1917, a bill to reform sen- name of the Senator from Florida (Mr. added as cosponsors of S. 915, a bill to tencing laws and correctional institu- NELSON) was added as a cosponsor of S. amend title II of the Social Security tions, and for other purposes. 2354, a bill to provide for the adminis- Act to repeal the Government pension S. 2032 tration of certain national monuments, offset and windfall elimination provi- At the request of Ms. CANTWELL, the to establish a National Monument En- sions. name of the Senator from Washington hancement Fund, and to establish cer- S. 980 (Mrs. MURRAY) was added as a cospon- tain wilderness areas in the States of At the request of Mrs. CAPITO, the sor of S. 2032, a bill to make certain New Mexico and Nevada. name of the Senator from Arizona (Mr. footwear eligible for duty-free treat- S. 2379 MCCAIN) was added as a cosponsor of S. ment under the Generalized System of At the request of Mr. KAINE, the 980, a bill to amend title XVIII of the Preferences, and for other purposes. name of the Senator from Georgia (Mr. Social Security Act to provide for pay- S. 2076 PERDUE) was added as a cosponsor of S. ments for certain rural health clinic At the request of Ms. COLLINS, the 2379, a bill to improve and expand au- and Federally qualified health center name of the Senator from Idaho (Mr. thorities, programs, services, and bene- services furnished to hospice patients CRAPO) was added as a cosponsor of S. fits for military spouses and military under the Medicare program. 2076, a bill to amend the Public Health families, and for other purposes. S. 1027 Service Act to authorize the expansion S. 2421 At the request of Mr. HATCH, the of activities related to Alzheimer’s dis- At the request of Mrs. FISCHER, the name of the Senator from Nevada (Ms. ease, cognitive decline, and brain name of the Senator from Nebraska

VerDate Sep 11 2014 03:21 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.009 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S969 (Mr. SASSE) was added as a cosponsor resolution; which was considered and ANDER, and Mr. ISAKSON) proposed an amend- of S. 2421, a bill to amend the Com- agreed to: ment to the bill H.R. 2579, supra. prehensive Environmental Response, SA 1960. Mr. HATCH submitted an amend- S. RES. 406 ment intended to be proposed by him to the Compensation, and Liability Act of Whereas, in the case of United States v. bill H.R. 2579, supra; which was ordered to lie 1980 to provide an exemption from cer- Ahmed Alahmedalabdaloklah, No. CR–12–01263– on the table. tain notice requirements and penalties 001–PHX–ROS, pending in the United States SA 1961. Mr. HATCH submitted an amend- for releases of hazardous substances District Court for the District of Arizona, ment intended to be proposed by him to the from animal waste at farms. the defendant has issued a subpoena for tes- bill H.R. 2579, supra; which was ordered to lie on the table. S. RES. 61 timony and documents to Senator Lindsey Graham; SA 1962. Mr. HATCH submitted an amend- At the request of Mr. DONNELLY, his Whereas, pursuant to sections 703(a) and ment intended to be proposed by him to the name was added as a cosponsor of S. 704(a)(2) of the Ethics in Government Act of bill H.R. 2579, supra; which was ordered to lie Res. 61, a resolution calling on the De- 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(2), the on the table. partment of Defense, other elements of Senate may direct its counsel to represent SA 1963. Mr. HATCH submitted an amend- the Federal Government, and foreign Members of the Senate with respect to any ment intended to be proposed by him to the bill H.R. 2579, supra; which was ordered to lie governments to intensify efforts to in- subpoena, order, or request for testimony or on the table. vestigate, recover, and identify all documents relating to their official respon- SA 1964. Mr. HATCH submitted an amend- missing and unaccounted-for personnel sibilities; ment intended to be proposed by him to the of the United States. Whereas, by the privileges of the Senate of bill H.R. 2579, supra; which was ordered to lie the United States and Rule XI of the Stand- S. RES. 368 on the table. ing Rules of the Senate, no evidence under SA 1965. Mr. PAUL submitted an amend- At the request of Mr. CORKER, the the control or in the possession of the Senate ment intended to be proposed by him to the name of the Senator from West Vir- may, by the judicial or administrative proc- bill H.R. 2579, supra; which was ordered to lie ginia (Mrs. CAPITO) was added as a co- ess, be taken from such control or possession on the table. sponsor of S. Res. 368, a resolution sup- but by permission of the Senate; and SA 1966. Mr. PAUL submitted an amend- porting the right of all Iranian citizens Whereas, by Rule VI of the Standing Rules ment intended to be proposed by him to the to have their voices heard. of the Senate, no Senator shall absent him- bill H.R. 2579, supra; which was ordered to lie self from the service of the Senate without on the table. S. RES. 402 leave: Now, therefore, be it SA 1967. Mr. GARDNER (for himself and At the request of Mr. CARDIN, the Resolved, That the Senate Legal Counsel is Mr. BENNET) submitted an amendment in- names of the Senator from Illinois (Mr. authorized to represent Senator Lindsey tended to be proposed by him to the bill H.R. DURBIN) and the Senator from Massa- Graham in this matter. 2579, supra; which was ordered to lie on the table. chusetts (Ms. WARREN) were added as Mr. MCCONNELL. Mr. President, on cosponsors of S. Res. 402, a resolution SA 1968. Mr. CARDIN (for himself, Mr. VAN behalf of myself and the distinguished HOLLEN, Ms. CORTEZ MASTO, Mr. REED, Mr. calling upon the President to exercise Democratic leader, Mr. SCHUMER, I KAINE, Mr. MARKEY, Ms. SMITH, and Ms. KLO- relevant mandatory sanctions authori- send to the desk a resolution author- BUCHAR) submitted an amendment intended ties under the Countering America’s izing representation by the Senate to be proposed by him to the bill H.R. 2579, Adversaries Through Sanctions Act in Legal Counsel and ask for its imme- supra; which was ordered to lie on the table. SA 1969. Mr. KENNEDY submitted an response to the Government of the diate consideration. Russian Federation’s continued aggres- amendment intended to be proposed by him Mr. MCCONNELL. Mr. President, this to the bill H.R. 2579, supra; which was or- sion in Ukraine and illegal resolution concerns a subpoena from dered to lie on the table. of Crimea and assault on democratic the defendant in a criminal case pend- SA 1970. Mr. GRAHAM submitted an institutions around the world, includ- ing in Arizona Federal court. The de- amendment intended to be proposed by him ing through cyber attacks. fendant is charged with various crimes to the bill H.R. 2579, supra; which was or- AMENDMENT NO. 1948 dered to lie on the table. alleging his assistance to an Iraqi in- SA 1971. Mr. GRAHAM submitted an At the request of Mr. TOOMEY, the surgent group by supplying parts for amendment intended to be proposed by him names of the Senator from West Vir- use in improvised explosive devices. to the bill H.R. 2579, supra; which was or- ginia (Mrs. CAPITO), the Senator from The defendant issued a trial subpoena dered to lie on the table. SA 1972. Mr. GRAHAM submitted an West Virginia (Mr. MANCHIN), the Sen- to Senator GRAHAM for testimony and ator from Nevada (Mr. HELLER), the amendment intended to be proposed by him documents arising out of his Senate to the bill H.R. 2579, supra; which was or- Senator from Louisiana (Mr. KENNEDY) duties. As any information Senator dered to lie on the table. and the Senator from Montana (Mr. GRAHAM would have in this matter SA 1973. Mr. GRAHAM (for himself and Mr. DAINES) were added as cosponsors of would have been acquired as part of his ROUNDS) submitted an amendment intended amendment No. 1948 proposed to H.R. legislative duties, the information to be proposed by him to the bill H.R. 2579, 2579, a bill to amend the Internal Rev- sought would be privileged under the supra; which was ordered to lie on the table. SA 1974. Ms. SMITH submitted an amend- enue Code of 1986 to allow the premium Speech or Debate Clause. This resolu- tax credit with respect to unsubsidized ment intended to be proposed by her to the tion would authorize the Senate Legal bill H.R. 2579, supra; which was ordered to lie COBRA continuation coverage. Counsel to represent Senator GRAHAM on the table. AMENDMENT NO. 1954 and move to quash the subpoena. SA 1975. Mrs. MCCASKILL (for herself, Mr. At the request of Mr. HELLER, the TESTER, and Ms. HEITKAMP) submitted an name of the Senator from Texas (Mr. f amendment intended to be proposed by her CORNYN) was added as a cosponsor of to the bill H.R. 2579, supra; which was or- AMENDMENTS SUBMITTED AND dered to lie on the table. amendment No. 1954 intended to be pro- PROPOSED SA 1976. Ms. DUCKWORTH (for herself and posed to H.R. 2579, a bill to amend the SA 1957. Mr. FLAKE (for himself and Ms. Mr. WYDEN) submitted an amendment in- Internal Revenue Code of 1986 to allow HEITKAMP) submitted an amendment in- tended to be proposed by her to the bill H.R. the premium tax credit with respect to tended to be proposed by him to the bill H.R. 2579, supra; which was ordered to lie on the unsubsidized COBRA continuation cov- 2579, to amend the Internal Revenue Code of table. SA 1977. Ms. DUCKWORTH submitted an erage. 1986 to allow the premium tax credit with re- amendment intended to be proposed by her spect to unsubsidized COBRA continuation f to the bill H.R. 2579, supra; which was or- coverage; which was ordered to lie on the SUBMITTED RESOLUTIONS dered to lie on the table. table. SA 1978. Ms. DUCKWORTH submitted an SA 1958. Mr. SCHUMER (for himself, Mr. amendment intended to be proposed by her ROUNDS, Mr. KING, Ms. COLLINS, Mr. to the bill H.R. 2579, supra; which was or- SENATE RESOLUTION 406—TO AU- MANCHIN, Mr. GRAHAM, Mr. KAINE, Mr. dered to lie on the table. THORIZE REPRESENTATION BY FLAKE, Mr. COONS, Mr. GARDNER, Ms. SA 1979. Ms. DUCKWORTH submitted an THE SENATE LEGAL COUNSEL IN HEITKAMP, Ms. MURKOWSKI, Mrs. SHAHEEN, amendment intended to be proposed by her THE CASE OF UNITED STATES V. Mr. ALEXANDER, Ms. KLOBUCHAR, Mr. ISAK- to the bill H.R. 2579, supra; which was or- AHMED SON, and Mr. WARNER) proposed an amend- dered to lie on the table. ALAHMEDALABDALOKLAH ment to the bill H.R. 2579, supra. SA 1980. Ms. DUCKWORTH submitted an SA 1959. Mr. GRASSLEY (for himself, Mrs. amendment intended to be proposed by her Mr. MCCONNELL (for himself and ERNST, Mr. TILLIS, Mr. LANKFORD, Mr. COT- to the bill H.R. 2579, supra; which was or- Mr. SCHUMER) submitted the following TON, Mr. PERDUE, Mr. CORNYN, Mr. ALEX- dered to lie on the table.

VerDate Sep 11 2014 04:46 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.011 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S970 CONGRESSIONAL RECORD — SENATE February 14, 2018 SA 1981. Ms. DUCKWORTH (for herself and 2579, supra; which was ordered to lie on the ment intended to be proposed by him Mr. MARKEY) submitted an amendment in- table. to the bill H.R. 2579, to amend the In- tended to be proposed by her to the bill H.R. SA 2002. Mr. MARKEY submitted an ternal Revenue Code of 1986 to allow amendment intended to be proposed by him 2579, supra; which was ordered to lie on the the premium tax credit with respect to table. to the bill H.R. 2579, supra; which was or- SA 1982. Mr. PORTMAN submitted an dered to lie on the table. unsubsidized COBRA continuation cov- amendment intended to be proposed to SA 2003. Mr. MARKEY submitted an erage; which was ordered to lie on the amendment SA 1959 proposed by Mr. GRASS- amendment intended to be proposed by him table; as follows: LEY (for himself, Mrs. ERNST, Mr. TILLIS, Mr. to the bill H.R. 2579, supra; which was or- Strike all after the enacting clause and in- LANKFORD, Mr. COTTON, Mr. PERDUE, Mr. dered to lie on the table. sert the following: SA 2004. Mrs. SHAHEEN (for herself and CORNYN, Mr. ALEXANDER, and Mr. ISAKSON) SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Ms. HASSAN) submitted an amendment in- to the bill H.R. 2579, supra; which was or- (a) SHORT TITLE.—This Act may be cited as dered to lie on the table. tended to be proposed by her to the bill H.R. the ‘‘Three-Year DACA Extension Act’’. SA 1983. Mr. WYDEN submitted an amend- 2579, supra; which was ordered to lie on the (b) TABLE OF CONTENTS.—The table of con- ment intended to be proposed by him to the table. tents for this Act is as follows: SA 2005. Mrs. SHAHEEN (for herself, Mr. bill H.R. 2579, supra; which was ordered to lie Sec. 1. Short title; table of contents. on the table. LEAHY, and Ms. HASSAN) submitted an TITLE I—BORDER SECURITY SA 1984. Ms. HIRONO submitted an amend- amendment intended to be proposed by her ment intended to be proposed by her to the to the bill H.R. 2579, supra; which was or- Sec. 101. Authorization of appropriations. bill H.R. 2579, supra; which was ordered to lie dered to lie on the table. Sec. 102. Operations and support. on the table. SA 2006. Mrs. SHAHEEN (for herself and TITLE II—DACA EXTENSION SA 1985. Ms. HIRONO submitted an amend- Ms. HASSAN) submitted an amendment in- Sec. 201. Provisional protected presence for ment intended to be proposed by her to the tended to be proposed by her to the bill H.R. young individuals. 2579, supra; which was ordered to lie on the bill H.R. 2579, supra; which was ordered to lie TITLE I—BORDER SECURITY on the table. table. SEC. 101. AUTHORIZATION OF APPROPRIATIONS. SA 1986. Ms. HIRONO submitted an amend- SA 2007. Mrs. MURRAY (for herself, Ms. There is authorized to be appropriated ment intended to be proposed by her to the CORTEZ MASTO, and Mr. LEAHY) submitted an $5,013,000,000 to the Department of Homeland bill H.R. 2579, supra; which was ordered to lie amendment intended to be proposed by her Security for fiscal years 2018 through 2020 for on the table. to the bill H.R. 2579, supra; which was or- the purpose of improving border security. SA 1987. Ms. HIRONO submitted an amend- dered to lie on the table. ment intended to be proposed by her to the SA 2008. Mrs. MURRAY submitted an SEC. 102. OPERATIONS AND SUPPORT. bill H.R. 2579, supra; which was ordered to lie amendment intended to be proposed by her (a) PURPOSE.—It is the purpose of this sec- on the table. to the bill H.R. 2579, supra; which was or- tion to establish a Border Security Enforce- SA 1988. Ms. HIRONO submitted an amend- dered to lie on the table. ment Fund (referred to in this section as the SA 2009. Ms. CORTEZ MASTO (for herself, ment intended to be proposed by her to the ‘‘Fund’’), to be administered through the De- Mr. LEAHY, and Mrs. MURRAY) submitted an bill H.R. 2579, supra; which was ordered to lie partment of Homeland Security and, in fiscal amendment intended to be proposed by her on the table. year 2018 only, through the Department of SA 1989. Ms. HIRONO submitted an amend- to the bill H.R. 2579, supra; which was or- State, to provide for costs necessary to im- ment intended to be proposed by her to the dered to lie on the table. plement this Act and other Acts related to SA 2010. Mr. ROUNDS (for himself, Mr. bill H.R. 2579, supra; which was ordered to lie border security for activities, including— KING, Ms. COLLINS, Mr. MANCHIN, Mr. GRA- on the table. (1) constructing, installing, deploying, op- HAM, Mr. KAINE, Mr. FLAKE, Mr. COONS, Mr. SA 1990. Ms. HIRONO submitted an amend- erating, and maintaining tactical infrastruc- GARDNER, Ms. HEITKAMP, Ms. MURKOWSKI, ment intended to be proposed by her to the ture and technology in the vicinity of the Mrs. SHAHEEN, Mr. ALEXANDER, Ms. KLO- bill H.R. 2579, supra; which was ordered to lie United States border— BUCHAR, Mr. ISAKSON, and Mr. WARNER) sub- on the table. (A) to achieve situational awareness and SA 1991. Ms. HIRONO submitted an amend- mitted an amendment intended to be pro- operational control of the border; and ment intended to be proposed by her to the posed by him to the bill H.R. 2579, supra; (B) to deter, impede, and detect illegal ac- bill H.R. 2579, supra; which was ordered to lie which was ordered to lie on the table. tivity in high traffic areas; and SA 2011. Mr. HEINRICH (for himself and on the table. (C) to implement other border security Mr. UDALL) submitted an amendment in- SA 1992. Ms. HIRONO submitted an amend- provisions under titles I and II; tended to be proposed by him to the bill H.R. ment intended to be proposed by her to the (2) implementing port of entry provisions 2579, supra; which was ordered to lie on the bill H.R. 2579, supra; which was ordered to lie under titles I and II; table. on the table. (3) purchasing new aircraft, vessels, spare SA 2012. Mr. HEINRICH (for himself, Mr. SA 1993. Mr. WYDEN (for himself and Mr. parts, and equipment to operate and main- UDALL, and Mr. CARPER) submitted an PAUL) submitted an amendment intended to tain such craft; and amendment intended to be proposed by him be proposed by him to the bill H.R. 2579, (4) hiring and recruitment. to the bill H.R. 2579, supra; which was or- supra; which was ordered to lie on the table. (b) FUNDING.—There are authorized to be dered to lie on the table. SA 1994. Mr. WYDEN submitted an amend- appropriated, and are appropriated, to the SA 2013. Mr. HEINRICH (for himself and ment intended to be proposed by him to the Fund, out of any monies in the Treasury not Mr. UDALL) submitted an amendment in- bill H.R. 2579, supra; which was ordered to lie otherwise appropriated, a total of tended to be proposed by him to the bill H.R. $7,639,000,000, as follows: on the table. 2579, supra; which was ordered to lie on the SA 1995. Ms. HEITKAMP submitted an (1) For fiscal year 2018, $2,947,000,000, to re- table. main available through fiscal year 2022. amendment intended to be proposed by her SA 2014. Mr. HEINRICH (for himself and to the bill H.R. 2579, supra; which was or- (2) For fiscal year 2019, $2,225,000,000, to re- Mr. UDALL) submitted an amendment in- main available through fiscal year 2023. dered to lie on the table. tended to be proposed by him to the bill H.R. (3) For fiscal year 2020, $2,467,000,000, to re- SA 1996. Ms. HEITKAMP submitted an 2579, supra; which was ordered to lie on the main available through fiscal year 2024. amendment intended to be proposed by her table. (c) PHYSICAL BARRIERS.— to the bill H.R. 2579, supra; which was or- SA 2015. Mr. HEINRICH (for himself, Ms. (1) IN GENERAL.—In each of the following dered to lie on the table. HEITKAMP, and Mr. UDALL) submitted an fiscal years, the Secretary of Homeland Se- SA 1997. Ms. HEITKAMP submitted an amendment intended to be proposed by him curity shall transfer, from the Fund to the amendment intended to be proposed by her to the bill H.R. 2579, supra; which was or- U.S. Customs and Border Protection—Pro- to the bill H.R. 2579, supra; which was or- dered to lie on the table. dered to lie on the table. SA 2016. Mr. HEINRICH (for himself and curement, Construction and Improvements account, for the purpose of constructing, re- SA 1998. Ms. HEITKAMP submitted an Mr. UDALL) submitted an amendment in- amendment intended to be proposed by her tended to be proposed by him to the bill H.R. placing, or planning physical barriers along to the bill H.R. 2579, supra; which was or- 2579, supra; which was ordered to lie on the the United States land border, a total of dered to lie on the table. table. $5,013,000,000, as follows: SA 1999. Ms. KLOBUCHAR submitted an SA 2017. Mr. FLAKE (for himself and Mr. (A) $1,571,000,000 for fiscal year 2018. amendment intended to be proposed by her GRAHAM) submitted an amendment intended (B) $1,600,000,000 for fiscal year 2019. to the bill H.R. 2579, supra; which was or- to be proposed by him to the bill H.R. 2579, (C) $1,842,000,000 for fiscal year 2020. dered to lie on the table. supra; which was ordered to lie on the table. (2) AVAILABILITY OF FUNDS.—Notwith- SA 2000. Ms. KLOBUCHAR submitted an standing section 1552(a) of title 31, United amendment intended to be proposed by her f States Code, any amounts obligated for the to the bill H.R. 2579, supra; which was or- TEXT OF AMENDMENTS purposes described in this subsection shall dered to lie on the table. remain available for disbursement until ex- SA 2001. Ms. KLOBUCHAR (for herself and pended. Ms. HEITKAMP) submitted an amendment in- SA 1957. Mr. FLAKE (for himself and (d) TRANSFER AUTHORITY.—Other than the tended to be proposed by her to the bill H.R. Ms. HEITKAMP) submitted an amend- amounts transferred by the Secretary of

VerDate Sep 11 2014 06:02 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.015 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S971 Homeland Security and the Secretary of ‘‘(A) the maximum term of imprisonment ‘‘(D) is an honorably discharged veteran of State pursuant to subsections (b) and (c), the is greater than five days and not greater the Coast Guard or Armed Forces of the Committee on Appropriations of the Senate than 1 year; and United States; and the Committee on Appropriations of the ‘‘(B) the individual was sentenced to time ‘‘(7) has not been convicted of— House of Representatives may provide for in custody of 90 days or less. ‘‘(A) a felony; the transfer of amounts in the Fund for each ‘‘(4) SECRETARY.—The term ‘Secretary’ ‘‘(B) a significant misdemeanor; or fiscal year to eligible activities under this means the Secretary of Homeland Security. ‘‘(C) 3 or more misdemeanors not occurring section, including— ‘‘(5) SIGNIFICANT MISDEMEANOR.—The term on the same date and not arising out of the (1) for the purpose of constructing, replac- ‘significant misdemeanor’ means a Federal, same act, omission, or scheme of mis- ing, or planning for physical barriers along State, or local criminal offense (excluding a conduct; and the United States land border; or State or local offense for which an essential ‘‘(8) does not otherwise pose a threat to na- (2) for any of the technologies described in element was the alien’s immigration status) tional security or a threat to public safety. subsection (a). for which the maximum term of imprison- ‘‘(d) DURATION OF PROVISIONAL PROTECTED (e) USE OF FUND.—If the Committee on Ap- ment is greater than 5 days and not greater PRESENCE AND EMPLOYMENT AUTHORIZA- propriations of the Senate and the Com- than 1 year that— TION.—Provisional protected presence and mittee on Appropriations of the House of ‘‘(A) regardless of the sentence imposed, is the employment authorization provided Representatives do not provide for the trans- a crime of domestic violence (as defined in under this section shall be effective until the date that is 3 years after the date of the en- fer of funds in a full-year appropriation in section 237(a)(2)(E)(i)) or an offense of sexual actment of this section. any fiscal year in accordance with sub- abuse or exploitation, burglary, unlawful ‘‘(e) STATUS DURING PERIOD OF PROVISIONAL section (d), the Secretary of Homeland Secu- possession or use of a firearm, drug distribu- PROTECTED PRESENCE.— rity shall transfer amounts in the Fund to tion or trafficking, or driving under the in- ‘‘(1) IN GENERAL.—An alien granted provi- fluence if the State law requires, as an ele- accounts within the Department of Home- sional protected presence is not considered ment of the offense, the operation of a motor land Security for eligible activities under to be unlawfully present in the United States this section, including not less than the vehicle and a finding of impairment or a during the period beginning on the date such amounts specified in subsection (c) for the blood alcohol content of .08 or higher; or status is granted and ending on the date de- purpose of constructing, replacing, or plan- ‘‘(B) resulted in a sentence of time in cus- scribed in subsection (d). tody of more than 90 days, excluding an of- ning for physical barriers along the United ‘‘(2) STATUS OUTSIDE PERIOD.—The granting States land border. fense for which the sentence was suspended. of provisional protected presence under this (f) BUDGET REQUEST.—A request for the ‘‘(6) THREAT TO NATIONAL SECURITY.—An section does not excuse previous or subse- transfer of amounts in the Fund under this alien is a ‘threat to national security’ if the quent periods of unlawful presence. section— alien is— ‘‘(f) APPLICATION.— (1) shall be included in each budget for a ‘‘(A) inadmissible under section 212(a)(3); ‘‘(1) AGE REQUIREMENT.— fiscal year submitted by the President under or ‘‘(A) IN GENERAL.—An alien who has never section 1105 of title 31, United States Code; ‘‘(B) deportable under section 237(a)(4). been in removal proceedings, or whose pro- and ‘‘(7) THREAT TO PUBLIC SAFETY.—An alien is ceedings have been terminated before mak- (2) shall detail planned obligations by pro- a ‘threat to public safety’ if the alien— ing a request for provisional protected pres- gram, project, and activity in the receiving ‘‘(A) has been convicted of an offense for ence, shall be at least 15 years old on the account at the same level of detail provided which an element was participation in a date on which the alien submits an applica- for in the request for other appropriations in criminal street gang (as defined in section tion under this section. that account. 521(a) of title 18, United States Code); or ‘‘(B) EXCEPTION.—The age requirement set (g) REPORTING REQUIREMENT.—At the be- ‘‘(B) has engaged in a continuing criminal forth in subparagraph (A) shall not apply to ginning of fiscal year 2019, and annually enterprise (as defined in section 408(c) of the an alien who, on the date on which the alien thereafter until the funding made available Comprehensive Drug Abuse Prevention and applies for provisional protected presence, is under this title has been expended, the Sec- Control Act of 1970 (21 U.S.C. 848(c))). in removal proceedings, has a final removal retary of Homeland Security shall submit a ‘‘(b) AUTHORIZATION.—The Secretary— order, or has a voluntary departure order. report to the Committee on Homeland Secu- ‘‘(1) shall grant provisional protected pres- ‘‘(2) APPLICATION FEE.— rity and Governmental Affairs of the Senate, ence to an alien who files an application ‘‘(A) IN GENERAL.—The Secretary may re- the Committee on the Judiciary of the Sen- demonstrating that he or she meets the eli- quire aliens applying for provisional pro- ate, the Committee on Homeland Security of gibility criteria under subsection (c) and tected presence and employment authoriza- the House of Representatives, and the Com- pays the appropriate application fee; tion under this section to pay a reasonable mittee on the Judiciary of the House of Rep- ‘‘(2) may not remove such alien from the fee that is commensurate with the cost of resentatives that describes— United States during the period in which processing the application. (1) the status of border security in the such provisional protected presence is in ef- ‘‘(B) EXEMPTION.—An applicant may be ex- United States; and fect unless such status is rescinded pursuant empted from paying the fee required under (2) the amount planned to be expended on to subsection (g); and subparagraph (A) if the alien— border security during the upcoming fiscal ‘‘(3) shall provide such alien with employ- ‘‘(i)(I) is younger than 18 years of age; year, broken down by project and activity. ment authorization. ‘‘(II) received total income during the 12- TITLE II—DACA EXTENSION ‘‘(c) ELIGIBILITY CRITERIA.—An alien is eli- month period immediately preceding the gible for provisional protected presence date on which the alien files an application SEC. 201. PROVISIONAL PROTECTED PRESENCE under this section and employment author- under this section that is less than 150 per- FOR YOUNG INDIVIDUALS. ization if the alien— cent of the United States poverty level; and (a) IN GENERAL.—Chapter 4 of title II of the ‘‘(1) was born after June 15, 1981; ‘‘(III) is in foster care or otherwise lacking Immigration and Nationality Act (8 U.S.C. ‘‘(2) entered the United States before any parental or other familial support; 1221 et seq.) is amended by adding at the end reaching 16 years of age; ‘‘(ii) is younger than 18 years of age and is the following: ‘‘(3) continuously resided in the United homeless; ‘‘SEC. 244A. PROVISIONAL PROTECTED PRES- States between June 15, 2007, and the date on ‘‘(iii)(I) cannot care for himself or herself ENCE. which the alien files an application under because of a serious, chronic disability; and ‘‘(a) DEFINITIONS.—In this section: this section; ‘‘(II) received total income during the 12- ‘‘(1) DACA RECIPIENT.—- The term ‘DACA ‘‘(4) was physically present in the United month period immediately preceding the recipient’ means an alien who is in deferred States on June 15, 2012, and on the date on date on which the alien files an application action status on the date of the enactment of which the alien files an application under under this section that is less than 150 per- this section pursuant to the Deferred Action this section; cent of the United States poverty level; or for Childhood Arrivals (‘DACA’) Program an- ‘‘(5) was unlawfully present in the United ‘‘(iv)(I) as of the date on which the alien nounced on June 15, 2012. States on June 15, 2012; files an application under this section, has ‘‘(2) FELONY.—The term ‘felony’ means a ‘‘(6) on the date on which the alien files an accumulated $10,000 or more in debt in the Federal, State, or local criminal offense (ex- application for provisional protected pres- past 12 months as a result of unreimbursed cluding a State or local offense for which an ence— medical expenses incurred by the alien or an essential element was the alien’s immigra- ‘‘(A) is enrolled in school or in an edu- immediate family member of the alien; and tion status) punishable by imprisonment for cation program assisting students in obtain- ‘‘(II) received total income during the 12- a term exceeding 1 year. ing a regular high school diploma or its rec- month period immediately preceding the ‘‘(3) MISDEMEANOR.—The term ‘mis- ognized equivalent under State law, or in date on which the alien files an application demeanor’ means a Federal, State, or local passing a general educational development under this section that is less than 150 per- criminal offense (excluding a State or local exam or other State-authorized exam; cent of the United States poverty level. offense for which an essential element was ‘‘(B) has graduated or obtained a certifi- ‘‘(3) REMOVAL STAYED WHILE APPLICATION the alien’s immigration status, a significant cate of completion from high school; PENDING.—The Secretary may not remove an misdemeanor, and a minor traffic offense) ‘‘(C) has obtained a general educational de- alien from the United States who appears for which— velopment certificate; or prima facie eligible for provisional protected

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.017 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S972 CONGRESSIONAL RECORD — SENATE February 14, 2018 presence while the alien’s application for ‘‘(2) travel outside of the United States on Sec. 113. Distress beacons. provisional protected presence is pending. or after August 15, 2012, if such travel was Sec. 114. Southern border region emergency ‘‘(4) ALIENS NOT IN IMMIGRATION DETEN- authorized by the Secretary. communications grants. TION.—An alien who is not in immigration ‘‘(i) TREATMENT OF EXPUNGED CONVIC- Sec. 115. Office of Professional Responsi- detention, but who is in removal pro- TIONS.—For purposes of subsections (c)(7) and bility. ceedings, is the subject of a final removal (g)(1), an expunged conviction shall not auto- Subtitle C—Body-Worn Cameras With order, or is the subject of a voluntary depar- matically be treated as a disqualifying fel- Privacy Protections ture order, may apply for provisional pro- ony, significant misdemeanor, or mis- tected presence under this section if the demeanor, but shall be evaluated on a case- Sec. 121. Short title. alien appears prima facie eligible for provi- by-case basis according to the nature and se- Sec. 122. Pilot program on use of body-worn sional protected presence. verity of the offense to determine whether, cameras. ‘‘(5) ALIENS IN IMMIGRATION DETENTION.— under the particular circumstances, the Sec. 123. Development of policies with re- The Secretary shall provide any alien in im- alien should be eligible for provisional pro- spect to body-worn cameras. migration detention, including any alien tected presence under this section. Sec. 124. Consultations; public comment. who is in removal proceedings, is the subject ‘‘(j) EFFECT OF DEFERRED ACTION UNDER Sec. 125. Implementation plan. of a final removal order, or is the subject of DEFERRED ACTION FOR CHILDHOOD ARRIVALS Sec. 126. Deployment. a voluntary departure order, who appears PROGRAM.— Subtitle D—GAO Studies prima facie eligible for provisional protected ‘‘(1) PROVISIONAL PROTECTED PRESENCE.—A Sec. 131. GAO study on the use of visa fees. presence, upon request, with a reasonable op- DACA recipient is deemed to have provi- Sec. 132. GAO study on deaths in custody. portunity to apply for provisional protected sional protected presence under this section Sec. 133. GAO studies on migrant deaths. presence under this section. through the expiration date of the alien’s de- TITLE II—DREAM ACT AND PROVISIONAL ‘‘(6) CONFIDENTIALITY.— ferred action status, as specified by the Sec- PROTECTED PRESENCE ‘‘(A) IN GENERAL.—The Secretary shall pro- retary in conjunction with the approval of tect information provided in applications for the alien’s DACA application. Subtitle A—Dream Act provisional protected presence under this ‘‘(2) EMPLOYMENT AUTHORIZATION.—If a Sec. 201. Short title. section and in requests for consideration of DACA recipient has been granted employ- Sec. 202. Definitions. DACA from disclosure to U.S. Immigration ment authorization by the Secretary in addi- Sec. 203. Permanent resident status on a and Customs Enforcement and U.S. Customs tion to deferred action, the employment au- conditional basis for certain and Border Protection for the purpose of im- thorization shall continue through the expi- long-term residents who en- migration enforcement proceedings. ration date of the alien’s deferred action sta- tered the United States as chil- ‘‘(B) REFERRALS PROHIBITED.—The Sec- tus, as specified by the Secretary in conjunc- dren. retary may not refer individuals whose cases tion with the approval of the alien’s DACA Sec. 204. Terms of permanent resident status have been deferred pursuant to DACA or who application. on a conditional basis. have been granted provisional protected ‘‘(3) EFFECT OF APPLICATION.—If a DACA re- Sec. 205. Removal of conditional basis of presence under this section to U.S. Immigra- cipient files an application for provisional permanent resident status. tion and Customs Enforcement. protected presence under this section not Sec. 206. Documentation requirements. ‘‘(C) LIMITED EXCEPTION.—The information later than the expiration date of the alien’s Sec. 207. Rulemaking. submitted in applications for provisional deferred action status, as specified by the Sec. 208. Confidentiality of information. protected presence under this section and in Secretary in conjunction with the approval Sec. 209. Restoration of State option to de- requests for consideration of DACA may be of the alien’s DACA application, the alien’s termine residency for purposes shared with national security and law en- provisional protected presence, and any em- of higher education benefits. forcement agencies— ployment authorization, shall remain in ef- TITLE I—BORDER SECURITY ‘‘(i) for assistance in the consideration of fect pending the adjudication of such appli- the application for provisional protected cation.’’. Subtitle A—Appropriations for U.S. Customs presence; (b) CLERICAL AMENDMENT.—The table of and Border Protection ‘‘(ii) to identify or prevent fraudulent contents for the Immigration and Nation- SEC. 101. OPERATIONS AND SUPPORT. claims; ality Act (8 U.S.C. 1101 note) is amended by There is appropriated, out of any money in ‘‘(iii) for national security purposes; and inserting after the item relating to section the Treasury not otherwise appropriated, for ‘‘(iv) for the investigation or prosecution 244 the following: the fiscal year ending September 30, 2018, and of any felony not related to immigration sta- ‘‘Sec. 244A. Provisional protected pres- in addition to any amounts otherwise pro- tus. ence.’’. vided in such fiscal year, $675,000,000 to U.S. ‘‘(7) ACCEPTANCE OF APPLICATIONS.—Not Customs and Border Protection for ‘‘Oper- later than 60 days after the date of the enact- SA 1958. Mr. SCHUMER (for himself, ations and Support’’, to remain available ment of this section, the Secretary shall Mr. ROUNDS, Mr. KING, Ms. COLLINS, until September 30, 2019, which shall be begin accepting applications for provisional Mr. MANCHIN, Mr. GRAHAM, Mr. KAINE, available as follows: protected presence and employment author- Mr. FLAKE, Mr. COONS, Mr. GARDNER, (1) $531,000,000 for— ization. Ms. HEITKAMP, Ms. MURKOWSKI, Mrs. (A) border security technologies; ‘‘(g) RESCISSION OF PROVISIONAL PROTECTED SHAHEEN, Mr. ALEXANDER, Ms. KLO- (B) facilities; PRESENCE.—The Secretary may not rescind (C) equipment; and BUCHAR, Mr. ISAKSON, and Mr. WARNER) an alien’s provisional protected presence or (D) the purchase, maintenance, or oper- employment authorization granted under proposed an amendment to the bill ation of marine vessels, aircraft, and un- this section unless the Secretary determines H.R. 2579, to amend the Internal Rev- manned aerial systems. that the alien— enue Code of 1986 to allow the premium (2) $48,000,000 for retention, recruitment, ‘‘(1) has been convicted of— tax credit with respect to unsubsidized and relocation of Border Patrol Agents, Cus- ‘‘(A) a felony; COBRA continuation coverage; as fol- toms Officers, and Air and Marine personnel. ‘‘(B) a significant misdemeanor; or lows: (3) $75,000,000 to hire 615 additional U.S. ‘‘(C) 3 or more misdemeanors not occurring In lieu of the matter proposed to be strick- Customs and Border Protection Officers for on the same date and not arising out of the en, insert the following: deployment to ports of entry. same act, omission, or scheme of mis- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (4) $21,000,000 for data circuits and network conduct; (a) SHORT TITLE.—This Act may be cited as bandwidth surveillance and associated per- ‘‘(2) poses a threat to national security or the ‘‘Immigration Reform Act of 2018’’. sonnel. a threat to public safety; (b) TABLE OF CONTENTS.—The table of con- SEC. 102. PROCUREMENT, CONSTRUCTION, AND ‘‘(3) has traveled outside of the United tents for this Act is as follows: IMPROVEMENTS. States without authorization from the Sec- Sec. 1. Short title; table of contents. There is appropriated, out of any money in retary; or TITLE I—BORDER SECURITY the Treasury not otherwise appropriated, for ‘‘(4) has ceased to continuously reside in the fiscal year ending September 30, 2018, and the United States. Subtitle A—Appropriations for U.S. Customs in addition to any amounts otherwise pro- and Border Protection ‘‘(h) TREATMENT OF BRIEF, CASUAL, AND IN- vided in such fiscal year, $2,030,239,000 for NOCENT DEPARTURES AND CERTAIN OTHER AB- Sec. 101. Operations and support. ‘‘Procurement, Construction, and Improve- SENCES.—For purposes of subsections (c)(3) Sec. 102. Procurement, construction, and ments’’, to remain available until September and (g)(4), an alien shall not be considered to improvements. 30, 2022, which shall be available as follows: have failed to continuously reside in the Sec. 103. Administrative provisions. (1) $784,000,000 for 32 miles of border bollard United States due to— Subtitle B—Improving Border Safety and fencing in the Rio Grande Valley Sector, ‘‘(1) brief, casual, and innocent absences Security Texas. from the United States during the period be- Sec. 111. Border access roads. (2) $498,000,000 for 28 miles of a bollard ginning on June 15, 2007, and ending on Au- Sec. 112. Flexibility in employment authori- levee fencing in the Rio Grande Valley Sec- gust 14, 2012; or ties. tor, Texas.

VerDate Sep 11 2014 05:00 May 31, 2018 Jkt 079060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\RECORD18\FEBRUARY\S14FE8.REC S14FE8 February 14, 2018 CONGRESSIONAL RECORD — SENATE S973 (3) $251,000,000 for 14 miles of secondary mittee on Appropriations of the House of termine, for a rural or remote area, whether fencing in the San Diego Sector, California. Representatives. there is— (4) $444,000,000 for border security tech- (e) RESCISSION.—Notwithstanding any ‘‘(A) a critical hiring need in the area; and nologies, marine vessels, aircraft unmanned other provision of law, any amounts appro- ‘‘(B) a direct relationship between— aerial systems, facilities, and equipment. priated under paragraphs (1) through (3) of ‘‘(i) the rural or remote nature of the area; (5) $38,239,000 to prepare the reports re- section 102 that remain available after the and quired under subsections (b) and (c) of sec- completion of the construction projects de- ‘‘(ii) difficulty in the recruitment and re- tion 103. scribed in such paragraphs shall be rescinded tention of CBP employees in the area. (6) $15,000,000 for chemical screening de- and returned to the general fund of the ‘‘(2) FACTORS.—To inform the determina- vices (as defined in section 2 of the INTER- Treasury. tion of a direct relationship under paragraph DICT Act (Public Law 115–112)). (f) PROHIBITION.—Notwithstanding any (1)(B), the Secretary may consider evi- SEC. 103. ADMINISTRATIVE PROVISIONS. other provision of law, none of the amounts dence— (a) LIMITATION.—Amounts appropriated appropriated under this subtitle may be re- ‘‘(A) that the Secretary— under paragraphs (1) through (3) of section programmed or transferred for any other ac- ‘‘(i) is unable to efficiently and effectively 102 shall only be available for operationally tivity within the Department of Homeland recruit individuals for positions as CBP em- effective designs deployed as of the date of Security. ployees, which may be demonstrated with the enactment of the Consolidated Appro- Subtitle B—Improving Border Safety and various types of evidence, including— priations Act, 2017 (Public Law 115–31), such Security ‘‘(I) evidence that multiple positions have been continuously vacant for significantly as currently deployed steel bollard designs, SEC. 111. BORDER ACCESS ROADS. that prioritize agent safety. longer than the national average period for (a) CONSTRUCTION.— (b) INTERIM REPORT.—Not later than 90 which similar positions in U.S. Customs and (1) IN GENERAL.—The Secretary of Home- days after the date of the enactment of this Border Protection are vacant; or land Security shall construct roads along the ‘‘(II) recruitment studies that demonstrate Act, the Secretary of Homeland Security Southern land border of the United States to shall submit an interim report to the Com- the inability of the Secretary to efficiently facilitate safe and swift access for U.S. Cus- and effectively recruit CBP employees for mittee on Appropriations of the Senate, the toms and Border Protection personnel to ac- Committee on Homeland Security and Gov- positions in the area; or cess the border for purposes of patrol and ap- ‘‘(ii) experiences a consistent inability to ernmental Affairs of the Senate, the Com- prehension. mittee on Appropriations of the House of retain CBP employees that negatively im- (2) TYPES OF ROADS.—The roads con- pacts agency operations at a local or re- Representatives, and the Comptroller Gen- structed under paragraph (1) shall include— eral of the United States that— gional level; or (A) access roads; ‘‘(B) of any other inability, directly related (1) identifies, with respect to the physical (B) border roads; barriers described in paragraphs (1) through to recruitment or retention difficulties, that (C) patrol roads; and the Secretary determines sufficient. (3) of section 102— (D) Federal, State, local, and privately- (A) all necessary land acquisitions; owned roads. ‘‘(c) DIRECT HIRE AUTHORITY; RECRUITMENT (B) the total number of necessary con- AND RELOCATION BONUSES; RETENTION BO- (b) MAINTENANCE.—The Secretary of Home- demnation actions; and land Security, in partnership with local NUSES.— (C) the precise number of landowners that stakeholders, shall maintain roads used for ‘‘(1) DIRECT HIRE AUTHORITY.— will be impacted by the construction of such patrol and apprehension. ‘‘(A) IN GENERAL.—The Secretary may ap- physical barriers; point, without regard to any provision of (c) POLICY GUIDANCE.—The Secretary of (2) contains a comprehensive plan to con- Homeland Security shall— sections 3309 through 3319, candidates to po- sult State and local elected officials on the (1) develop such policies and guidance for sitions in the competitive service as CBP eminent domain and construction process re- documenting agreements with landowners employees, in a rural or remote area, if the lating to such physical barriers; relating to the construction of roads under Secretary— (3) provides, after consultation with the subsection (a) as the Secretary determines to ‘‘(i) determines that— Secretary of the Interior and the Adminis- be necessary; ‘‘(I) there is a critical hiring need; and trator of the Environmental Protection (2) share the policies and guidance devel- ‘‘(II) there exists a severe shortage of Agency, a comprehensive analysis of the en- oped under paragraph (1) with each Border qualified candidates because of the direct re- vironmental impacts of the construction and Patrol Sector of U.S. Customs and Border lationship identified by the Secretary under placement of such physical barriers along Protection; subsection (b)(1)(B) of this section between— the Southwest border, including barriers in (3) document and communicate the process ‘‘(aa) the rural or remote nature of the the Santa Ana National Wildlife Refuge; and and criteria for prioritizing funding for oper- area; and (4) includes, for each barrier segment de- ational roads not owned by the Federal Gov- ‘‘(bb) difficulty in the recruitment and re- scribed in paragraphs (1) through (3) of sec- ernment; and tention of CBP employees in the area; and tion 102, a thorough analysis and comparison (4) assess the feasibility of options for ad- ‘‘(ii) has given public notice for the posi- of alternatives to a physical barrier to deter- dressing the maintenance of non-Federal tions. mine the most cost effective security solu- public roads, including any data needs relat- ‘‘(B) PRIORITIZATION OF HIRING VETERANS.— tion, including— ing to such maintenance. If the Secretary uses the direct hiring au- (A) underground sensors; thority under subparagraph (A), the Sec- (B) infrared or other day/night cameras; SEC. 112. FLEXIBILITY IN EMPLOYMENT AU- retary shall apply the principles of pref- THORITIES. (C) tethered or mobile aerostats; erence for the hiring of veterans established (a) IN GENERAL.—Chapter 97 of title 5, (D) drones or other airborne assets; under subchapter I of chapter 33. United States Code, is amended by adding at (E) integrated fixed towers; and ‘‘(2) RECRUITMENT AND RELOCATION BO- the end the following: (F) the deployment of additional border NUSES.—The Secretary may pay a bonus to personnel. ‘‘§ 9702. U.S. Customs and Border Protection an individual (other than an individual de- (c) ANNUAL REPORTS.—Not later than 180 employment authorities scribed in subsection (a)(2) of section 5753) days after the date of the enactment of this ‘‘(a) DEFINITIONS.—In this section— if— Act, and annually thereafter, the Secretary ‘‘(1) the term ‘CBP employee’ means an ‘‘(A) the Secretary determines that— of Homeland Security shall submit a report employee of U.S. Customs and Border Pro- ‘‘(i) conditions consistent with the condi- containing all of the information required tection; tions described in paragraphs (1) and (2) of under paragraphs (1) through (4) of sub- ‘‘(2) the term ‘Commissioner’ means the subsection (b) of such section 5753 are satis- section (b) to the Committee on Appropria- Commissioner of U.S. Customs and Border fied with respect to the individual (without tions of the Senate, the Committee on Home- Protection; regard to any other provision of that sec- land Security and Governmental Affairs of ‘‘(3) the term ‘Director’ means the Director tion); and the Senate, the Committee on Appropria- of the Office of Personnel Management; ‘‘(ii) the position to which the individual is tions of the House of Representatives, and ‘‘(4) the term ‘rural or remote area’ means appointed or to which the individual moves the Comptroller General of the United an area within the United States that is not or must relocate— States. within an area defined and designated as an ‘‘(I) is a position as a CBP employee; and (d) GAO EVALUATION.—Not later than 180 urbanized area by the Bureau of the Census ‘‘(II) is in a rural or remote area for which days after the date on which the Secretary of during the most recently completed decen- the Secretary has identified a direct rela- Homeland Security submits each report de- nial census; and tionship under subsection (b)(1)(B) of this scribed in subsections (b) and (c), the Comp- ‘‘(5) the term ‘Secretary’ means the Sec- section between— troller General of the United States shall retary of Homeland Security. ‘‘(aa) the rural or remote nature of the submit an evaluation of the strengths and ‘‘(b) DEMONSTRATION OF RECRUITMENT AND area; and weaknesses of the report to the Committee RETENTION DIFFICULTIES IN RURAL OR RE- ‘‘(bb) difficulty in the recruitment and re- on Appropriations of the Senate, the Com- MOTE AREAS.— tention of CBP employees in the area; and mittee on Homeland Security and Govern- ‘‘(1) IN GENERAL.—For purposes of sub- ‘‘(B) the individual enters into a written mental Affairs of the Senate, and the Com- sections (c) and (d), the Secretary shall de- service agreement with the Secretary—

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.020 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S974 CONGRESSIONAL RECORD — SENATE February 14, 2018 ‘‘(i) under which the individual is required lish special rates of pay in accordance with and families of individuals who are can- to complete a period of employment as a that section if the Director finds that the re- didates or new hires in a rural or remote CBP employee of not less than 2 years; and cruitment or retention efforts of the Sec- area. ‘‘(ii) that includes— retary with respect to positions for CBP em- ‘‘(F) Feedback from individuals who are ‘‘(I) the commencement and termination ployees in 1 or more areas or locations are, candidates or new hires at locations in a dates of the required service period (or provi- or are likely to become, significantly handi- rural or remote area, including feedback on sions for the determination thereof); capped because the positions are located in a the quality of life in rural or remote areas ‘‘(II) the amount of the bonus; and rural or remote area for which the Secretary for new hires and their families. ‘‘(III) other terms and conditions under has identified a direct relationship under ‘‘(G) Feedback from CBP employees, other which the bonus is payable, subject to the re- subsection (b)(1)(B) of this section between— than new hires, who are stationed at loca- quirements of this subsection, including— ‘‘(1) the rural or remote nature of the area; tions in a rural or remote area, including ‘‘(aa) the conditions under which the and feedback on the quality of life in rural or re- agreement may be terminated before the ‘‘(2) difficulty in the recruitment and re- mote areas for those CBP employees and agreed-upon service period has been com- tention of CBP employees in the area. their families. pleted; and ‘‘(e) REGULAR CBP REVIEW.— ‘‘(H) Evaluation of Department of Home- ‘‘(bb) the effect of a termination described ‘‘(1) ENSURING FLEXIBILITIES MEET CBP land Security internship programs and the in item (aa). NEEDS.—Each year, the Secretary shall re- usefulness of those programs in improving ‘‘(3) RETENTION BONUSES.—The Secretary view the use of hiring flexibilities under sub- hiring by the Secretary in rural or remote may pay a retention bonus to a CBP em- sections (c) and (d) to fill positions at a loca- areas. tion in a rural or remote area to determine— ployee (other than an individual described in ‘‘(3) EVALUATION.— ‘‘(A) the impact of the use of those flexi- subsection (a)(2) of section 5754) if— ‘‘(A) IN GENERAL.—Each year, the Sec- ‘‘(A) the Secretary determines that— bilities on solving hiring and retention chal- retary shall — ‘‘(i) a condition consistent with the condi- lenges at the location; ‘‘(i) evaluate the extent to which the strat- tion described in subsection (b)(1) of such ‘‘(B) whether hiring and retention chal- egy developed and implemented under para- lenges still exist at the location; and section 5754 is satisfied with respect to the graph (1) has improved the hiring and reten- ‘‘(C) whether the Secretary needs to con- CBP employee (without regard to any other tion ability of the Secretary; and tinue to use those flexibilities at the loca- provision of that section); ‘‘(ii) make any appropriate updates to the tion. ‘‘(ii) the CBP employee is employed in a strategy under paragraph (1). ‘‘(2) CONSIDERATION.—In conducting the re- rural or remote area for which the Secretary ‘‘(B) INFORMATION.—The evaluation con- view under paragraph (1), the Secretary shall has identified a direct relationship under ducted under subparagraph (A) shall in- consider— subsection (b)(1)(B) of this section between— clude— ‘‘(A) whether any CBP employee accepted ‘‘(I) the rural or remote nature of the area; ‘‘(i) any reduction in the time taken by the an employment incentive under subsection and Secretary to fill mission-critical positions in ‘‘(II) difficulty in the recruitment and re- (c) or (d) and then transferred to a new loca- tion or left U.S. Customs and Border Protec- rural or remote areas; tention of CBP employees in the area; and ‘‘(ii) a general assessment of the impact of ‘‘(iii) in the absence of a retention bonus, tion; and ‘‘(B) the length of time that each employee the strategy implemented under paragraph the CBP employee would be likely to leave— (1) on hiring challenges in rural or remote ‘‘(I) the Federal service; or identified under subparagraph (A) stayed at the original location before transferring to a areas; and ‘‘(II) for a different position in the Federal ‘‘(iii) other information the Secretary de- service, including a position in another agen- new location or leaving U.S. Customs and Border Protection. termines relevant. cy or component of the Department of Home- ‘‘(g) INSPECTOR GENERAL REVIEW.—Not ‘‘(3) DISTRIBUTION.—The Secretary shall land Security; and later than 2 years after the date of the enact- ‘‘(B) the individual enters into a written submit to Congress a report on each review ment of the Immigration Reform Act of 2018, service agreement with the Secretary— required under paragraph (1). the Inspector General of the Department of ‘‘(f) IMPROVING CBP HIRING AND RETEN- ‘‘(i) under which the individual is required Homeland Security shall review the use of TION.— to complete a period of employment as a hiring flexibilities by the Secretary under ‘‘(1) EDUCATION OF CBP HIRING OFFICIALS.— CBP employee of not less than 2 years; and subsections (c) and (d) to determine whether ‘‘(ii) that includes— Not later than 180 days after the date of the the use of those flexibilities is helping the ‘‘(I) the commencement and termination enactment of the Immigration Reform Act of Secretary meet hiring and retention needs in dates of the required service period (or provi- 2018, and in conjunction with the Chief rural and remote areas. sions for the determination thereof); Human Capital Officer of the Department of ‘‘(h) EXERCISE OF AUTHORITY.— ‘‘(II) the amount of the bonus; and Homeland Security, the Secretary shall de- ‘‘(1) SOLE DISCRETION.—The exercise of au- ‘‘(III) other terms and conditions under velop and implement a strategy to improve thority under subsection (c) shall be subject which the bonus is payable, subject to the re- education regarding hiring and human re- to the sole and exclusive discretion of the quirements of this subsection, including— sources flexibilities (including hiring and Secretary (or the Commissioner, as applica- ‘‘(aa) the conditions under which the human resources flexibilities for locations in ble under paragraph (2) of this subsection), agreement may be terminated before the rural or remote areas) for all employees, notwithstanding chapter 71. agreed-upon service period has been com- serving in agency headquarters or field of- ‘‘(2) DELEGATION.— pleted; and fices, who are involved in the recruitment, ‘‘(A) IN GENERAL.—Subject to subparagraph ‘‘(bb) the effect of a termination described hiring, assessment, or selection of candidates (B), the Secretary may delegate any author- in item (aa). for locations in a rural or remote area, as ity under this section to the Commissioner. ‘‘(4) RULES FOR BONUSES.— well as the retention of current employees. ‘‘(B) OVERSIGHT.—The Commissioner may ‘‘(A) MAXIMUM BONUS.—A bonus paid to an ‘‘(2) ELEMENTS.—Elements of the strategy not make a determination under subsection employee under— under paragraph (1) shall include the fol- (b)(1) unless the Secretary approves the de- ‘‘(i) paragraph (2) may not exceed 100 per- lowing: termination. cent of the annual rate of basic pay of the ‘‘(A) Developing or updating training and ‘‘(i) RULE OF CONSTRUCTION.—Nothing in employee as of the commencement date of educational materials on hiring and human this section shall be construed to exempt the the applicable service period; and resources flexibilities for employees who are Secretary or the Director from the applica- ‘‘(ii) paragraph (3) may not exceed 50 per- involved in the recruitment, hiring, assess- bility of the merit system principles under cent of the annual rate of basic pay of the ment, or selection of candidates, as well as section 2301. employee as of the commencement date of the retention of current employees. ‘‘(j) SUNSET.—The authorities under sub- the applicable service period. ‘‘(B) Regular training sessions for per- sections (c) and (d) shall terminate on the ‘‘(B) RELATION TO BASIC PAY.—A bonus paid sonnel who are critical to filling open posi- date that is 5 years after the date of the en- to an employee under paragraph (2) or (3) tions in rural or remote areas. actment of the Immigration Reform Act of shall not be considered part of the basic pay ‘‘(C) The development of pilot programs or 2018.’’. of the employee for any purpose. other programs, as appropriate, to address (b) TECHNICAL AND CONFORMING AMEND- MENT.—The table of sections for chapter 97 of ‘‘(5) OPM OVERSIGHT.—The Director shall, identified hiring challenges in rural or re- to the extent practicable— mote areas. title 5, United States Code, is amended by adding at the end the following: ‘‘(A) set aside a determination of the Sec- ‘‘(D) Developing and enhancing strategic retary under this subsection if the Director recruiting efforts through relationships with ‘‘9702. U.S. Customs and Border Protection finds substantial evidence that the Secretary institutions of higher education, as defined employment authorities.’’. abused the discretion of the Secretary in in section 102 of the Higher Education Act of SEC. 113. DISTRESS BEACONS. making the determination; and 1965 (20 U.S.C. 1002), veterans transition and (1) IN GENERAL.—The Commissioner of U.S. ‘‘(B) oversee the compliance of the Sec- employment centers, and job placement pro- Customs and Border Protection, working retary with this subsection. gram in regions that could assist in filling through U.S. Border Patrol, shall— ‘‘(d) SPECIAL PAY AUTHORITY.—In addition positions in rural or remote areas. (A) identify areas near the international to the circumstances described in subsection ‘‘(E) Examination of existing agency pro- border between the United States and Can- (b) of section 5305, the Director may estab- grams on how to most effectively aid spouses ada or the international border between the

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United States and Mexico where migrant (2) DEPLOYMENT.—In carrying out the pilot (15) the total number of hours body-worn deaths are occurring due to climatic and en- program under this section, the Secretary cameras were activated under the pilot pro- vironmental conditions; and shall ensure that— gram, disaggregated by region; (B) deploy up to 1,000 beacon stations in (A) not fewer than 500 body-worn cameras (16) an accounting of who accessed any the areas identified pursuant to subpara- are deployed to officers and agents of U.S. body-worn camera recordings, disaggregated graph (A). Customs and Border Protection; by classified position title and region; (2) FEATURES.—Beacon stations deployed (B) not fewer than 1⁄2 of such cameras are (17) an accounting and description of the pursuant to paragraph (1) should— deployed to agents of U.S. Border Patrol; and total number of instances an activity that (A) include a self-powering mechanism, (C) not fewer than 1⁄2 of such cameras are was required to be recorded by a body-worn such as a solar-powered radio button, to sig- deployed along the international border be- camera was not recorded as described in sec- nal U.S. Border Patrol personnel or other tween the United States and Mexico. tion 123(b)(1)(E); and emergency response personnel that a person (c) REPORT.—Not later than 60 days after (18) any other matters relating to the pilot at that location is in distress; the pilot program is terminated pursuant to program that the Secretary considers appro- (B) include a self-powering cellular phone subsection (b)(1)(B), the Secretary shall sub- priate. relay limited to 911 calls to allow persons in mit a report to Congress that includes— SEC. 123. DEVELOPMENT OF POLICIES WITH RE- distress in the area who are unable to get to (1) a detailed description of incidences of SPECT TO BODY-WORN CAMERAS. the beacon station to signal their location the use of force recorded using body-worn (a) IN GENERAL.—The Secretary of Home- and access emergency personnel; and cameras under the pilot program, land Security shall develop draft policies (C) be movable to allow U.S. Border Patrol disaggregated by the race, ethnicity, gender, with respect to the use of body-worn cameras to relocate them as needed— and age of the individuals involved; by officers and agents of U.S. Customs and (i) to mitigate migrant deaths; (2) a detailed description of incidences of Border Protection. (b) ELEMENTS.—The draft policies devel- (ii) to facilitate access to emergency per- the use of force in which a body-worn camera oped under subsection (a) shall— sonnel; and was not used, disaggregated by the race, eth- (1) with respect to when a body-worn cam- (iii) to address any use of the beacons for nicity, gender, and age of the individuals in- era is activated or deactivated in the course diversion by criminals. volved; (3) the number of complaints filed against of duty— SEC. 114. SOUTHERN BORDER REGION EMER- (A) specify under what circumstances a GENCY COMMUNICATIONS GRANTS. officers or agents relating to the use of body- worn cameras under the pilot program; body-worn camera is required to be acti- (a) IN GENERAL.—The Secretary of Home- vated, including that such cameras shall be land Security, in consultation with the gov- (4) the number of complaints filed related ernors of the States located on the inter- to an incident in which a body-worn camera activated, at a minimum, at the inception of national border between the United States was worn by an officer or agent, but in which any calls for service or law enforcement en- and Mexico, shall establish a 2-year grant the body-worn camera was not activated; counters, including vehicle stops, pedestrian program to improve emergency communica- (5) the disposition of complaints described stops, foot pursuits, witness and victim tions in the Southern border region. in paragraphs (3) and (4); interviews, in-custody transports, and uses (b) ELIGIBILITY FOR GRANTS.—An individual (6) an assessment of the effect of the use of of force, except that when an immediate is eligible for a grant under this section if body-worn cameras under the pilot program threat to an officer’s or agent’s life or safety the individual demonstrates that he or she— on the accountability and transparency of makes activating the camera impossible or (1) regularly resides or works in a State the use of force, including an assessment of— dangerous, the officer or agent shall activate that shares a land border with Mexico; and (A) the efficacy of body-worn cameras in the camera at the first reasonable oppor- (2) is at greater risk of border violence due deterring the use of excessive force by offi- tunity to do so; to a lack of cellular and LTE network serv- cers and agents; and (B) include policies with respect to the use ice at the individual’s residence or business (B) the effect of the use of body-worn cam- of body-worn cameras in use of force inci- and the individual’s proximity to the South- eras on responses to and adjudications of dents, such as a shooting involving an officer ern border. complaints; or agent, or in critical incidents, including (c) USE OF GRANTS.—Grants awarded under (7) an assessment of the effect of the use of such an incident that results in an in-cus- this section may be used to purchase sat- body-worn cameras under the pilot program tody death; ellite telephone communications systems on the safety of officers and agents; (C) specify at what point a body-worn cam- and services that— (8) an assessment of the effect of the use of era is required to be deactivated, which may (1) can provide access to 9–1–1 service; and body-worn cameras under the pilot program be no earlier than when an encounter de- (2) are equipped with receivers for the on public safety; scribed in subparagraph (A) has fully con- Global Positioning System. (9) an assessment of the effect of the use of cluded; (d) AUTHORIZATION OF APPROPRIATIONS.— body-worn cameras under the pilot program (D) ensure that an officer or agent does not There are authorized to be appropriated to on the collection of evidence for criminal in- have the ability to edit or delete a recording the Secretary of Homeland Security such vestigations and civil immigration enforce- taken by a body-worn camera; and sums as may be necessary to carry out this ment, including the number of cases in (E) specify that an officer or agent who is section. which data from a body-worn camera was wearing a body-worn camera shall provide an SEC. 115. OFFICE OF PROFESSIONAL RESPONSI- used as evidence; explanation if an activity that is required to BILITY. (10) an assessment of the effect of body- be recorded by a body-worn camera is not re- Not later than September 30, 2021, the worn cameras on the personal privacy of corded; Commissioner of U.S. Customs and Border members of the public and officers and (2) with respect to the storage and mainte- Protection shall hire, train, and assign suffi- agents of U.S. Customs and Border Protec- nance of recordings from body-worn cam- cient special agents at the Office of Profes- tion, and whether the use of pinpoint redac- eras— sional Responsibility to maintain an active tion technology may have assisted in pro- (A) define the minimum and maximum duty presence of not fewer than 550 full-time tecting personal privacy; lengths of time for which such recordings equivalent special agents. (11) a description of issues that arose under shall be retained; Subtitle C—Body-Worn Cameras With the pilot program relating to the secure stor- (B) provide for the secure storage, han- Privacy Protections age and handling of recordings from body- dling, and destruction of recordings from SEC. 121. SHORT TITLE. worn cameras; body-worn cameras; This subtitle may be cited as the ‘‘CBP (12) a description of issues that arose under (C) prevent and address issues relating to Body-Worn Camera Act of 2018’’. the pilot program relating to the access of tampering with, or deleting or copying, such SEC. 122. PILOT PROGRAM ON USE OF BODY- the public to recordings from body-worn recordings; and WORN CAMERAS. cameras, including— (D) establish a system to store recordings (a) IN GENERAL.—The Secretary of Home- (A) issues that arose in situations in which collected by body-worn cameras in a manner land Security, through the Commissioner of the use of force by an officer or agent was in- that— U.S. Customs and Border Protection, shall volved; and (i) requires the logging of all viewing, establish a pilot program to test and evalu- (B) an accounting of any body-worn cam- modification, and deletion of such record- ate the use of body-worn cameras by officers era footage released to the public; ings; and and agents of U.S. Customs and Border Pro- (13) best practices for the development of (ii) prevents, to the greatest extent prac- tection. protocols for the safe and effective use of ticable, unauthorized access to and unau- (b) REQUIREMENTS FOR PILOT PROGRAM AT body-worn cameras; thorized disclosure of such recordings; U.S. CUSTOMS AND BORDER PROTECTION.— (14) a description of issues that arose under (3) with respect to privacy protections— (1) DURATION.—The pilot program required the pilot program relating to violations of (A) provide for necessary privacy protec- under subsection (a)— policies developed under section 123, includ- tions for officers and agents wearing body- (A) shall be implemented not later than 60 ing— worn cameras and members of the public days after the date of the enactment of this (A) the number of violations detected, with whom such officers and agents interact, Act; and disaggregated by the type of violation; and including the use of pinpoint redaction tech- (B) shall terminate on the date that is 11 (B) the number of internal affairs cases nology to protect personal privacy in a man- months after such date of enactment. opened and the disposition of such cases; ner that does not interfere with the ability

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.020 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S976 CONGRESSIONAL RECORD — SENATE February 14, 2018 to fully and accurately ascertain the events (B) describes the final policies adopted (2) whether the practices and procedures of that transpired; under section 123 and the rationale for each the Department of Homeland Security were (B) require the consent of victims of and such policy. properly followed and obeyed; witnesses to a crime before recording inter- SEC. 125. IMPLEMENTATION PLAN. (3) whether such practices and procedures views relating to the crime may be recorded; (a) IN GENERAL.—Not later than 1 year are sufficient to protect the health and safe- (C) require that an officer or agent who is after the date of the enactment of this Act, ty of such detainees; and wearing a body-worn camera notify an indi- the Secretary of Homeland Security shall (4) whether such deaths were reported vidual that is the subject of a recording that submit a plan to Congress for the permanent through the Deaths in Custody Reporting the individual is being recorded as close to implementation of the use of body-worn Program. the inception of the encounter as reasonably cameras by officers and agents of U.S. Cus- SEC. 133. GAO STUDIES ON MIGRANT DEATHS. possible; toms and Border Protection. Not later than 120 days after the date of (D) require that, before entering a resi- (b) ELEMENTS.—The plan required under the enactment of this Act, and annually dence without a warrant or in nonexigent subsection (a) shall include— thereafter, the Comptroller General of the circumstances, an officer or agent obtain (1) a detailed description of the draft poli- United States shall submit a report to the consent from the occupant of the residence cies developed under section 123; Committee on the Judiciary of the Senate, to continue the use of a body-worn camera; (2) an identification of— the Committee on Homeland Security and and (A) the number of body-worn cameras to be Governmental Affairs of the Senate, the (E) ensure that recordings unrelated to law purchased and deployed; Committee on the Judiciary of the House of enforcement purposes are minimized to the (B) operational requirements for body- Representatives, and the Committee on greatest extent practicable; worn cameras, including systems and sup- Homeland Security of the House of Rep- (4) with respect to access to recordings port staff; resentatives that includes— from body-worn cameras— (C) the locations where body-worn cameras (1) the total number of migrant deaths (A) ensure that any officer or agent wear- will be used; along the international border between the ing a body-worn camera is prohibited from (D) costs associated with the use of body- United States and Mexico during the most accessing a recording on the camera without worn cameras; and recent 5-year period; an authorized purpose; (E) a description of the cost-benefit anal- (2) the total number of unidentified de- (B) clearly describe the circumstances in ysis used to determine the number, place- ceased migrants found along such border which officers and agents and their super- ment, and location of body-worn cameras during such period; visors may view recordings from body-worn (3) the level of cooperation between U.S. cameras; specified in the plan. (C) permit supervisors to view recordings SEC. 126. DEPLOYMENT. Customs and Border Protection, local and from body-worn cameras only for training Not later than 6 months after the date on State law enforcement, foreign diplomatic purposes (and not for use in any disciplinary which the implementation plan is submitted and consular posts, nongovernmental organi- action against an agent or officer) or when under section 125, the Secretary of Homeland zations, and family members to accurately there is a complaint filed against an agent or Security shall ensure the agency-wide de- identify deceased individuals; officer or a use of force incident; and ployment of body-worn cameras for U.S. Cus- (4) the use of DNA testing and sharing of (D) establish— toms and Border Protection personnel at the such data between U.S. Customs and Border (i) under what circumstances a recording Office of Field Operations, U.S. Border Pa- Protection, State and local law enforcement, from a body-worn camera will be released to trol, and the Office of Air and Marine whose foreign diplomatic and consular posts, and the subject of the recording or to another job duties involve or may reasonably be ex- nongovernmental organizations to accu- law enforcement or intelligence agency or to pected to involve law-enforcement contacts rately identify deceased individuals; the public; and with the public. (5) the comparison of DNA data with infor- mation on Federal, State, and local missing (ii) protocols for such release; Subtitle D—GAO Studies (5) establish under what circumstances re- person registries; and SEC. 131. GAO STUDY ON THE USE OF VISA FEES. cordings from body-worn cameras will be (6) the procedures and processes used by used to investigate potential misconduct of Not later than 6 months after the date of U.S. Customs and Border Protection for noti- officers or agents or for other law enforce- the enactment of this Act, the Comptroller fying relevant authorities or family mem- ment purposes; General of the United States shall submit a bers after missing persons are identified (6) establish disciplinary procedures for report to the Committee on the Judiciary of through DNA testing. the Senate, the Committee on Homeland Se- violations of body-worn camera policies by TITLE II—DREAM ACT AND PROVISIONAL curity and Governmental Affairs of the Sen- agency personnel, including agents, officers PROTECTED PRESENCE ate, the Committee on Appropriations of the and supervisors; and Subtitle A—Dream Act (7) ensure that training— Senate, the Committee on the Judiciary of (A) is required and provided to all officers the House of Representatives, the Committee SEC. 201. SHORT TITLE. and agents who use body-worn cameras and on Homeland Security of the House of Rep- This subtitle may be cited as the ‘‘Dream any personnel involved in the management, resentatives, and the Committee on Appro- Act of 2018’’. storage, or use of body-worn camera data; priations of the House of Representatives SEC. 202. DEFINITIONS. and that— In this subtitle: (B) is provided before the use of any body- (1) describes the impact of authorizing— (1) IN GENERAL.—Except as otherwise spe- worn camera by such an officer or agent or (A) surcharges on immigration-related cifically provided, any term used in this sub- the involvement of such agency personnel in fees, including visa application and border title that is used in the immigration laws the direct management, storage, or use of crossing fees, to be dedicated to border secu- shall have the meaning given the term in the body-worn camera data. rity; and immigration laws. SEC. 124. CONSULTATIONS; PUBLIC COMMENT. (B) the use of currently collected fees for (2) APPLICABLE FEDERAL TAX LIABILITY.— In developing the pilot program under sec- border security; and The term ‘‘applicable Federal tax liability’’ tion 122 and the draft policies required under (2) addresses the potential impact on U.S. means liability for Federal taxes imposed section 123, the Secretary of Homeland Secu- Citizenship and Immigration Services oper- under the Internal Revenue Code of 1986, in- rity shall— ations of imposing surcharges on immigra- cluding any penalties and interest on taxes (1) consult with— tion-related fees, including the potential im- imposed under the Internal Revenue Code of (A) the Officer for Civil Rights and Civil pact on processing times and backlogs. 1986. Liberties of the Department of Homeland Se- SEC. 132. GAO STUDY ON DEATHS IN CUSTODY. (3) DACA.—The term ‘‘DACA’’ means de- curity; Not later than 6 months after the date of ferred action granted to an alien pursuant to (B) the Chief Privacy Officer of the Depart- the enactment of this Act, the Comptroller the Deferred Action for Childhood Arrivals ment of Homeland Security; General of the United States shall submit a program announced by President Obama on (C) the Director of the Office of Privacy report to the Committee on the Judiciary of June 15, 2012. and Civil Liberties of the Department of Jus- the Senate, the Committee on Homeland Se- (4) DISABILITY.—The term ‘‘disability’’ has tice; and curity and Governmental Affairs of the Sen- the meaning given the term in section 3(1) of (D) any labor organizations representing ate, the Committee on the Judiciary of the the Americans with Disabilities Act of 1990 employees of the Department of Homeland House of Representatives, and the Com- (42 U.S.C. 12102(1)). Security who are involved with the use of mittee on Homeland Security of the House of (5) EARLY CHILDHOOD EDUCATION PRO- body-worn cameras; Representatives on the deaths of detainees GRAM.—The term ‘‘early childhood education (2) provide an opportunity for public com- who were in the custody of the Department program’’ has the meaning given the term in ment; and of Homeland Security, including, with re- section 103 of the Higher Education Act of (3) compile a report, which shall be posted spect to such deaths— 1965 (20 U.S.C. 1003). on a publicly available website of the De- (1) whether any such deaths could have (6) ELEMENTARY SCHOOL; HIGH SCHOOL; SEC- partment of Homeland Security, that— been prevented by the delivery of medical ONDARY SCHOOL.—The terms ‘‘elementary (A) summarizes the comments received treatment administered while the detainee school’’, ‘‘high school’’, and ‘‘secondary pursuant to paragraph (2); and was in such custody; school’’ have the meanings given the terms

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.020 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S977 in section 8101 of the Elementary and Sec- cancel the removal of, and adjust to the sta- (iii) the number of requests for a waiver ondary Education Act of 1965 (20 U.S.C. 7801). tus of an alien lawfully admitted for perma- under that subparagraph denied by the Sec- (7) FELONY.—The term ‘‘felony’’ means a nent residence on a conditional basis, an retary. Federal, State, or local criminal offense (ex- alien who is inadmissible or deportable from (3) TREATMENT OF EXPUNGED CONVICTIONS.— cluding a State or local offense for which an the United States or is in temporary pro- (A) IN GENERAL.—An expunged conviction essential element was the alien’s immigra- tected status under section 244 of the Immi- shall not automatically be treated as a con- tion status) punishable by imprisonment for gration and Nationality Act (8 U.S.C. 1254a), viction referred to in paragraph (1)(C)(iii). a term exceeding 1 year. if— (B) CASE-BY-CASE EVALUATION.—The Sec- (8) IMMIGRATION LAWS.—The term ‘‘immi- (A) the alien has been continuously phys- retary shall evaluate an expunged conviction gration laws’’ has the meaning given the ically present in the United States since on a case-by-case basis according to the na- term in section 101(a)(17) of the Immigration June 15, 2012; ture and severity of the offense underlying and Nationality Act (8 U.S.C. 1101(a)(17)). (B) the alien was younger than 18 years of the expunged conviction, based on the record (9) INSTITUTION OF HIGHER EDUCATION.—The age on the date on which the alien initially of conviction, to determine whether, under term ‘‘institution of higher education’’— entered the United States; the particular circumstances, the alien is el- (A) except as provided in subparagraph (B), (C) subject to paragraphs (2) and (3), the igible for cancellation of removal, adjust- has the meaning given the term in section alien— ment to permanent resident status on a con- 102 of the Higher Education Act of 1965 (20 (i) is not inadmissible under paragraph (2), ditional basis, or other adjustment of status. U.S.C. 1002); and (3), (6)(E), (6)(G), (8), (10)(A), (10)(C), or (10)(D) (4) DACA RECIPIENTS.—With respect to an (B) does not include an institution of high- of section 212(a) of the Immigration and Na- alien granted DACA, the Secretary shall can- er education outside of the United States. tionality Act (8 U.S.C. 1182(a)); cel the removal of the alien and adjust the (10) MISDEMEANOR.— (ii) has not ordered, incited, assisted, or status of the alien to the status of an alien (A) IN GENERAL.—The term ‘‘misdemeanor’’ otherwise participated in the persecution of lawfully admitted for permanent residence means a Federal, State, or local criminal of- any person on account of race, religion, na- on a conditional basis unless, since the date fense (excluding a State or local offense for tionality, membership in a particular social on which the alien was granted DACA, the which an essential element is the alien’s im- group, or political opinion; and alien has engaged in conduct that would migration status, a significant misdemeanor, (iii) has not been convicted of— render an alien ineligible for DACA. and a minor traffic offense) for which— (I) a felony; (5) APPLICATION FEE.— (i) the maximum term of imprisonment is (II) a significant misdemeanor; or (A) IN GENERAL.—The Secretary may re- greater than 5 days and not greater than 1 (III) 3 or more misdemeanors— quire an alien applying for permanent resi- year; and (aa) not occurring on the same date; and dent status on a conditional basis to pay a (ii) the individual was sentenced to time in reasonable fee that is commensurate with custody of 90 days or less. (bb) not arising out of the same act, omis- sion, or scheme of misconduct; the cost of processing the application. (11) PERMANENT RESIDENT STATUS ON A CON- (D) the alien— (B) EXEMPTION.—An applicant may be ex- DITIONAL BASIS.—The term ‘‘permanent resi- empted from paying the fee required under dent status on a conditional basis’’ means (i) has been admitted to an institution of higher education; subparagraph (A) only if the alien— status as an alien lawfully admitted for per- (i)(I) is younger than 18 years of age; manent residence on a conditional basis (ii) has earned a high school diploma or a commensurate alternative award from a pub- (II) received total income, during the 1- under this subtitle. year period immediately preceding the date (12) POVERTY LINE.—The term ‘‘poverty lic or private high school, or has obtained a general education development certificate on which the alien files an application under line’’ has the meaning given the term in sec- this section, that is less than 150 percent of tion 673 of the Community Services Block recognized under State law or a high school equivalency diploma in the United States; the poverty line; and Grant Act (42 U.S.C. 9902). (III) is in foster care or otherwise lacking (iii) is enrolled in secondary school or in an (13) SECRETARY.—Except as otherwise spe- any parental or other familial support; education program assisting students in— cifically provided, the term ‘‘Secretary’’ (ii) is younger than 18 years of age and is (I) obtaining a regular high school diploma means the Secretary of Homeland Security. homeless; or the recognized equivalent of a regular (14) SIGNIFICANT MISDEMEANOR.—The term (iii)(I) cannot care for himself or herself high school diploma under State law; or ‘‘significant misdemeanor’’ means a Federal, because of a serious, chronic disability; and (II) passing a general educational develop- State, or local criminal offense (excluding a (II) received total income, during the 1- ment exam, a high school equivalence di- State or local offense for which an essential year period immediately preceding the date ploma examination, or other similar State- element was the alien’s immigration status) on which the alien files an application under authorized exam; or for which the maximum term of imprison- this section, that is less than 150 percent of (iv)(I) has served, is serving, or has enlisted ment is greater than 5 days and not greater the poverty line; or than 1 year that— in the Armed Forces; and (iv)(I) during the 1-year period imme- (A) regardless of the sentence imposed, is a (II) in the case of an alien who has been diately preceding the date on which the alien crime of domestic violence (as defined in sec- discharged from the Armed Forces, has re- files an application under this section, accu- tion 237(a)(2)(E)(i) of the Immigration and ceived an honorable discharge; and mulated $10,000 or more in debt as a result of Nationality Act (8 U.S.C. 1227(a)(2)(E)(i)) or (E)(i) the alien has paid any applicable unreimbursed medical expenses incurred by an offense of sexual abuse or exploitation, Federal tax liability incurred by the alien the alien or an immediate family member of burglary, unlawful possession or use of a during the entire period for which the alien the alien; and firearm, drug distribution or trafficking, or was a DACA recipient; or (II) received total income, during the 1- driving under the influence if the State law (ii) the alien has entered into an agree- year period immediately preceding the date requires, as an element of the offense, the ment to pay any applicable Federal tax li- on which the alien files an application under operation of a motor vehicle and a finding of ability incurred by the alien during the en- this section, that is less than 150 percent of impairment or a blood alcohol content of .08 tire period for which the alien was a DACA the poverty line. or higher; or recipient through a payment installment (6) SUBMISSION OF BIOMETRIC AND BIO- (B) resulted in a sentence of time in cus- plan approved by the Commissioner of Inter- GRAPHIC DATA.— tody of more than 90 days, excluding an of- nal Revenue. (A) IN GENERAL.—The Secretary may not fense for which the sentence was suspended. (2) WAIVER.— grant an alien permanent resident status on (15) UNIFORMED SERVICES.—The term ‘‘Uni- (A) IN GENERAL.—With respect to any ben- a conditional basis unless the alien submits formed Services’’ has the meaning given the efit under this subtitle, the Secretary may, biometric and biographic data, in accordance term ‘‘uniformed services’’ in section 101(a) on a case-by-case basis, waive the grounds of with procedures established by the Sec- of title 10, United States Code. inadmissibility under paragraph (2), (6)(E), retary. SEC. 203. PERMANENT RESIDENT STATUS ON A (6)(G), or (10)(D) of section 212(a) of the Im- (B) ALTERNATIVE PROCEDURE.—The Sec- CONDITIONAL BASIS FOR CERTAIN migration and Nationality Act (8 U.S.C. retary shall provide an alternative procedure LONG-TERM RESIDENTS WHO EN- 1182(a))— for any alien who is unable to provide the bi- TERED THE UNITED STATES AS (i) for humanitarian purposes; or CHILDREN. ometric or biographic data referred to in (ii) if the waiver is otherwise in the public (a) CONDITIONAL BASIS FOR STATUS.—Not- subparagraph (A) due to a physical impair- withstanding any other provision of law, an interest. ment. alien who obtains the status of an alien law- (B) QUARTERLY REPORTS.—Not later than (7) BACKGROUND CHECKS.— fully admitted for permanent residence 180 days after the date of enactment of this (A) REQUIREMENT FOR BACKGROUND under this section shall be considered to Act, and quarterly thereafter, the Secretary CHECKS.—The Secretary shall use biometric, have obtained that status on a conditional shall submit to Congress a report that in- biographic, and other data that the Sec- basis as of the date on which the alien ob- cludes, for the preceding quarter— retary determines to be appropriate— tained the status, subject to this subtitle. (i) the number of requests submitted by (i) to conduct security and law enforce- (b) REQUIREMENTS.— aliens for a waiver under subparagraph (A); ment background checks of an alien seeking (1) IN GENERAL.—Notwithstanding any (ii) the number of waivers granted under permanent resident status on a conditional other provision of law, the Secretary shall that subparagraph; and basis; and

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(ii) to determine whether there is any (1) IN GENERAL.—The Secretary or the At- ditional basis or applied for such status, as criminal, national security, or other factor torney General may not remove an alien who appropriate. that would render the alien ineligible for appears prima facie eligible for relief under (2) SPECIAL RULE FOR TEMPORARY PRO- permanent resident status on a conditional this section. TECTED STATUS.—An alien whose permanent basis. (2) ALIENS SUBJECT TO REMOVAL.—With re- resident status on a conditional basis expires (B) COMPLETION OF BACKGROUND CHECKS.— spect to an alien who is in removal pro- under subsection (a)(1) or is terminated The security and law enforcement back- ceedings, the subject of a final removal under subsection (c) or whose application for ground checks of an alien required under order, or the subject of a voluntary depar- permanent resident status on a conditional subparagraph (A) shall be completed, to the ture order, the Attorney General shall pro- basis is denied and who had temporary pro- satisfaction of the Secretary, before the date vide the alien with a reasonable opportunity tected status under section 244 of the Immi- on which the Secretary grants the alien per- to apply for relief under this section. gration and Nationality Act (8 U.S.C. 1254a) manent resident status on a conditional (3) CERTAIN ALIENS ENROLLED IN ELEMEN- immediately before receiving or applying for basis. TARY OR SECONDARY SCHOOL.— permanent resident status on a conditional (C) CRIMINAL RECORDS REQUESTS.—With re- (A) STAY OF REMOVAL.—The Attorney Gen- basis, as appropriate, may not return to tem- spect to an alien seeking permanent resident eral shall stay the removal proceedings of an porary protected status if— status on a conditional basis, the Secretary, alien who— (A) the relevant designation under section in cooperation with the Secretary of State, (i) meets all the requirements under sub- 244(b) of the Immigration and Nationality shall seek to obtain from INTERPOL, paragraphs (A), (B), and (C) of subsection Act (8 U.S.C. 1254a(b)) has been terminated; EUROPOL, or any other international or na- (b)(1), subject to paragraphs (2) and (3) of or tional law enforcement agency of the coun- that subsection; (B) the Secretary determines that the rea- try of nationality, country of citizenship, or (ii) is at least 5 years of age; and son for terminating the permanent resident country of last habitual residence of the (iii) is enrolled in an elementary school, a status on a conditional basis renders the alien, information about any criminal activ- secondary school, or an early childhood edu- alien ineligible for temporary protected sta- ity— cation program. tus. (e) INELIGIBILITY FOR PUBLIC BENEFITS.—An (i) in which the alien engaged in the coun- (B) COMMENCEMENT OF REMOVAL PRO- alien who has been granted permanent resi- try of nationality, country of citizenship, or CEEDINGS.—The Secretary may not com- dent status on a conditional basis shall not country of last habitual residence of the mence removal proceedings for an alien de- be eligible for any Federal means-tested pub- alien; or scribed in subparagraph (A). lic benefit (within the meaning of section 403 (ii) for which the alien was convicted in (C) EMPLOYMENT.—An alien whose removal of the Personal Responsibility and Work Op- the country of nationality, country of citi- is stayed pursuant to subparagraph (A) or portunity Reconciliation Act of 1996 (8 U.S.C. who may not be placed in removal pro- zenship, or country of last habitual residence 1613)) until the date on which the conditional of the alien. ceedings pursuant to subparagraph (B) shall, permanent resident status of the alien is re- (8) MEDICAL EXAMINATION.— upon application to the Secretary, be grant- moved. (A) REQUIREMENT.—An alien applying for ed an employment authorization document. SEC. 205. REMOVAL OF CONDITIONAL BASIS OF permanent resident status on a conditional (D) LIFT OF STAY.—The Secretary or Attor- PERMANENT RESIDENT STATUS. basis shall undergo a medical examination. ney General may not lift the stay granted to (a) ELIGIBILITY FOR REMOVAL OF CONDI- (B) POLICIES AND PROCEDURES.—The Sec- an alien under subparagraph (A) unless the TIONAL BASIS.— retary, with the concurrence of the Sec- alien ceases to meet the requirements under (1) IN GENERAL.—Subject to paragraph (2), retary of Health and Human Services, shall such subparagraph. the Secretary shall remove the conditional prescribe policies and procedures for the na- (e) EXEMPTION FROM NUMERICAL LIMITA- basis of the permanent resident status of an ture and timing of the examination under TIONS.—Nothing in this section or in any alien granted under this subtitle and grant subparagraph (A). other law may be construed to apply a nu- the alien status as an alien lawfully admit- (9) MILITARY SELECTIVE SERVICE.—An alien merical limitation on the number of aliens ted for permanent residence if the alien— applying for permanent resident status on a who may be granted permanent resident sta- (A) is described in paragraph (1)(C) of sec- conditional basis shall establish that the tus on a conditional basis. tion 203(b), subject to paragraphs (2) and (3) alien has registered under the Military Se- SEC. 204. TERMS OF PERMANENT RESIDENT STA- of that section; lective Service Act (50 U.S.C. 3801 et seq.), if TUS ON A CONDITIONAL BASIS. (B) has not abandoned the residence of the the alien is subject to registration under (a) PERIOD OF STATUS.—Permanent resi- alien in the United States; that Act. dent status on a conditional basis is— (C)(i) has acquired a degree from an insti- (c) DETERMINATION OF CONTINUOUS PRES- (1) valid for a period of 8 years, unless that tution of higher education or has completed ENCE.— period is extended by the Secretary; and at least 2 years, in good standing, in a pro- (1) TERMINATION OF CONTINUOUS PERIOD.— (2) subject to termination under subsection gram for a bachelor’s degree or higher degree Any period of continuous physical presence (c). in the United States; in the United States of an alien who applies (b) NOTICE OF REQUIREMENTS.—At the time (ii)(I) has served in the Uniformed Services for permanent resident status on a condi- an alien obtains permanent resident status for at least 2 years; or tional basis shall not terminate on the date on a conditional basis, the Secretary shall (II) in the case of an alien who has been on which the alien is served a notice to ap- provide notice to the alien regarding the pro- discharged from the Uniformed Services, has pear under section 239(a) of the Immigration visions of this subtitle and the requirements received an honorable discharge; or and Nationality Act (8 U.S.C. 1229(a)). to have the conditional basis of such status (iii) has been employed for periods totaling (2) TREATMENT OF CERTAIN BREAKS IN PRES- removed. at least 3 years and at least 75 percent of the ENCE.— (c) TERMINATION OF STATUS.—The Sec- time that the alien has had a valid employ- (A) IN GENERAL.—Except as provided in retary may terminate the permanent resi- ment authorization, except that any period subparagraphs (B) and (C), an alien shall be dent status on a conditional basis of an alien during which the alien is not employed while considered to have failed to maintain contin- only if the Secretary— having a valid employment authorization uous physical presence in the United States (1) determines that the alien ceases to and is enrolled in an institution of higher under subsection (b)(1)(A) if the alien has de- meet the requirements under paragraph education, a secondary school, or an edu- parted from the United States for any period (1)(C) of section 203(b), subject to paragraphs cation program described in section greater than 90 days or for any periods, in (2) and (3) of that section; and 203(b)(1)(D)(iii), shall not count toward the the aggregate, greater than 180 days. (2) prior to the termination, provides the time requirements under this clause; and (B) EXTENSIONS FOR EXTENUATING CIR- alien— (D)(i) has paid any applicable Federal tax CUMSTANCES.—The Secretary may extend the (A) notice of the proposed termination; and liability incurred by the alien during the en- time periods described in subparagraph (A) (B) the opportunity for a hearing to pro- tire period for which the alien was in perma- for an alien who demonstrates that the fail- vide evidence that the alien meets such re- nent resident status on a conditional basis; ure to timely return to the United States quirements or otherwise contest the termi- or was due to extenuating circumstances be- nation. (ii) has entered into an agreement to pay yond the control of the alien, including the (d) RETURN TO PREVIOUS IMMIGRATION STA- the applicable Federal tax liability incurred serious illness of the alien, or death or seri- TUS.— by the alien during the entire period for ous illness of a parent, grandparent, sibling, (1) IN GENERAL.—Except as provided in which the alien was in permanent resident or child of the alien. paragraph (2), the immigration status of an status on a conditional basis through a pay- (C) TRAVEL AUTHORIZED BY THE SEC- alien whose permanent resident status on a ment installment plan approved by the Com- RETARY.—Any period of travel outside of the conditional basis expires under subsection missioner of Internal Revenue. United States by an alien that was author- (a)(1) or is terminated under subsection (c) or (2) HARDSHIP EXCEPTION.— ized by the Secretary may not be counted to- whose application for permanent resident (A) IN GENERAL.—The Secretary shall re- ward any period of departure from the status on a conditional basis is denied shall move the conditional basis of the permanent United States under subparagraph (A). return to the immigration status of the alien resident status of an alien and grant the (d) LIMITATION ON REMOVAL OF CERTAIN on the day before the date on which the alien alien status as an alien lawfully admitted for ALIENS.— received permanent resident status on a con- permanent residence if the alien—

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.020 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S979 (i) satisfies the requirements under sub- (i) to conduct security and law enforce- (1) employment records that include the paragraphs (A) and (B) of paragraph (1); ment background checks of an alien apply- employer’s name and contact information; (ii) demonstrates compelling cir- ing for removal of the conditional basis of (2) records from any educational institu- cumstances for the inability to satisfy the the permanent resident status of the alien; tion the alien has attended in the United requirements under subparagraph (C) of such and States; paragraph; and (ii) to determine whether there is any (3) records of service from the Uniformed (iii) demonstrates that— criminal, national security, or other factor Services; (I) the alien has a disability; that would render the alien ineligible for re- (4) official records from a religious entity (II) the alien is a full-time caregiver of a moval of the conditional basis if the perma- confirming the alien’s participation in a reli- minor child; or nent resident status of the alien. gious ceremony; (III) the removal of the alien from the (B) COMPLETION OF BACKGROUND CHECKS.— (5) passport entries; United States would result in extreme hard- The security and law enforcement back- (6) a birth certificate for a child of the ship to the alien or the alien’s spouse, par- ground checks of an alien required under alien who was born in the United States; ent, or child who is a national of the United subparagraph (A) shall be completed, to the (7) automobile license receipts or registra- States or is lawfully admitted for permanent satisfaction of the Secretary, before the date tion; residence. on which the Secretary removes the condi- (8) deeds, mortgages, or rental agreement (3) CITIZENSHIP REQUIREMENT.— tional basis of the permanent resident status contracts; (A) IN GENERAL.—Except as provided in of the alien. (9) tax receipts; subparagraph (B), the conditional basis of (b) NATURALIZATION.— (10) insurance policies; the permanent resident status granted to an (1) IN GENERAL.—For purposes of title III of (11) remittance records; alien under this subtitle may not be removed the Immigration and Nationality Act (8 (12) rent receipts or utility bills bearing unless the alien demonstrates that the alien U.S.C. 1401 et seq.), an alien granted perma- the alien’s name or the name of an imme- satisfies the requirements under section nent resident status on a conditional basis diate family member of the alien, and the 312(a) of the Immigration and Nationality shall be considered to have been admitted to alien’s address; Act (8 U.S.C. 1423(a)). the United States, and to be present in the (13) copies of money order receipts for (B) EXCEPTION.—Subparagraph (A) shall United States, as an alien lawfully admitted money sent in or out of the United States; not apply to an alien who is unable to meet for permanent residence. (14) dated bank transactions; or the requirements under section 312(a) of the (2) LIMITATIONS ON APPLICATION FOR NATU- (15) 2 or more sworn affidavits from indi- Immigration and Nationality Act (8 U.S.C. RALIZATION.— viduals who are not related to the alien who 1423(a)) due to disability. (A) IN GENERAL.—An alien may not be nat- have direct knowledge of the alien’s contin- (4) APPLICATION FEE.— uralized— uous physical presence in the United States, (A) IN GENERAL.—The Secretary may re- (i) on any date on which the alien is in per- that contain— quire an alien applying for lawful permanent manent resident status on a conditional (A) the name, address, and telephone num- resident status under this section to pay a basis; or ber of the affiant; and reasonable fee that is commensurate with (ii) before the date that is 12 years after (B) the nature and duration of the relation- the cost of processing the application. the date on which the alien was granted per- ship between the affiant and the alien. (B) EXEMPTION.—An applicant may be ex- manent resident status on a conditional (c) DOCUMENTS ESTABLISHING INITIAL empted from paying the fee required under basis. ENTRY INTO THE UNITED STATES.—To estab- subparagraph (A) only if the alien— (B) REDUCTION IN PERIOD.— lish under section 203(b)(1)(B) that an alien (i)(I) is younger than 18 years of age; (i) IN GENERAL.—Subject to clause (ii), the was younger than 18 years of age on the date (II) received total income, during the 1- 12-year period referred to in subparagraph on which the alien initially entered the year period immediately preceding the date (A)(ii) shall be reduced by the number of United States, an alien may submit docu- on which the alien files an application under days that the alien was a DACA recipient. ments to the Secretary, including— this section, that is less than 150 percent of (ii) LIMITATION.—Notwithstanding clause (1) an admission stamp on the alien’s pass- the poverty line; and (i), the 12-year period may not be reduced by port; (III) is in foster care or otherwise lacking more than 2 years. (2) records from any educational institu- any parental or other familial support; (C) ADVANCED FILING DATE.—With respect tion the alien has attended in the United (ii) is younger than 18 years of age and is to an alien granted permanent resident sta- States; homeless; tus on a conditional basis, the alien may file (3) any document from the Department of (iii)(I) cannot care for himself or herself an application for naturalization not more Justice or the Department of Homeland Se- because of a serious, chronic disability; and than 90 days before the date on which the ap- curity stating the alien’s date of entry into (II) received total income, during the 1- plicant meets the requirements for natu- the United States; year period immediately preceding the date ralization under subparagraph (A). (4) hospital or medical records showing on which the alien files an application under SEC. 206. DOCUMENTATION REQUIREMENTS. medical treatment or hospitalization, the this section, that is less than 150 percent of (a) DOCUMENTS ESTABLISHING IDENTITY.— name of the medical facility or physician, the poverty line; or An alien’s application for permanent resi- and the date of the treatment or hospitaliza- (iv)(I) during the 1-year period imme- dent status on a conditional basis may in- tion; diately preceding the date on which the alien clude, as proof of identity— (5) rent receipts or utility bills bearing the files an application under this section, the (1) a passport or national identity docu- alien’s name or the name of an immediate alien accumulated $10,000 or more in debt as ment from the alien’s country of origin that family member of the alien, and the alien’s a result of unreimbursed medical expenses includes the alien’s name and the alien’s address; incurred by the alien or an immediate family photograph or fingerprint; (6) employment records that include the member of the alien; and (2) the alien’s birth certificate and an iden- employer’s name and contact information; (II) received total income, during the 1- tity card that includes the alien’s name and (7) official records from a religious entity year period immediately preceding the date photograph; confirming the alien’s participation in a reli- on which the alien files an application under (3) a school identification card that in- gious ceremony; this section, that is less than 150 percent of cludes the alien’s name and photograph, and (8) a birth certificate for a child of the the poverty line. school records showing the alien’s name and alien who was born in the United States; (5) SUBMISSION OF BIOMETRIC AND BIO- that the alien is or was enrolled at the (9) automobile license receipts or registra- GRAPHIC DATA.— school; tion; (A) IN GENERAL.—The Secretary may not (4) a Uniformed Services identification (10) deeds, mortgages, or rental agreement remove the conditional basis of the perma- card issued by the Department of Defense; contracts; nent resident status of an alien unless the (5) any immigration or other document (11) tax receipts; alien submits biometric and biographic data, issued by the United States Government (12) travel records; in accordance with procedures established by bearing the alien’s name and photograph; or (13) copies of money order receipts sent in the Secretary. (6) a State-issued identification card bear- or out of the country; (B) ALTERNATIVE PROCEDURE.—The Sec- ing the alien’s name and photograph. (14) dated bank transactions; retary shall provide an alternative procedure (b) DOCUMENTS ESTABLISHING CONTINUOUS (15) remittance records; or for any applicant who is unable to provide PHYSICAL PRESENCE IN THE UNITED STATES.— (16) insurance policies. the biometric or biographic data referred to To establish that an alien has been continu- (d) DOCUMENTS ESTABLISHING ADMISSION TO in subparagraph (A) due to physical impair- ously physically present in the United AN INSTITUTION OF HIGHER EDUCATION.—To ment. States, as required under section 203(b)(1)(A), establish that an alien has been admitted to (6) BACKGROUND CHECKS.— or to establish that an alien has not aban- an institution of higher education, the alien (A) REQUIREMENT FOR BACKGROUND doned residence in the United States, as re- shall submit to the Secretary a document CHECKS.—The Secretary shall use biometric, quired under section 205(a)(1)(B), the alien from the institution of higher education cer- biographic, and other data that the Sec- may submit documents to the Secretary, in- tifying that the alien— retary determines to be appropriate— cluding— (1) has been admitted to the institution; or

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(2) is currently enrolled in the institution (C) the nature and duration of the relation- (1) IN GENERAL.—Not later than 90 days as a student. ship between the affiant and the alien. after the date of the enactment of this Act, (e) DOCUMENTS ESTABLISHING RECEIPT OF A (4) DOCUMENTS TO ESTABLISH UNPAID MED- the Secretary shall publish in the Federal DEGREE FROM AN INSTITUTION OF HIGHER ICAL EXPENSE.—To establish that the alien Register regulations implementing this sub- EDUCATION.—To establish that an alien has has debt as a result of unreimbursed medical title. acquired a degree from an institution of expenses, the alien shall provide receipts or (2) AFFIRMATIVE APPLICATION.—The regula- higher education in the United States, the other documentation from a medical pro- tions published under paragraph (1) shall alien shall submit to the Secretary a di- vider that— allow any eligible individual to immediately ploma or other document from the institu- (A) bear the provider’s name and address; apply affirmatively for the relief available tion stating that the alien has received such (B) bear the name of the individual receiv- under section 203 without being placed in re- a degree. ing treatment; and moval proceedings. (f) DOCUMENTS ESTABLISHING RECEIPT OF (C) document that the alien has accumu- (b) INTERIM REGULATIONS.—Notwith- HIGH SCHOOL DIPLOMA, GENERAL EDU- lated $10,000 or more in debt in the past 12 standing section 553 of title 5, United States CATIONAL DEVELOPMENT CERTIFICATE, OR A months as a result of unreimbursed medical Code, the regulations published pursuant to RECOGNIZED EQUIVALENT.—To establish that expenses incurred by the alien or an imme- subsection (a)(1) shall be effective, on an in- an alien has earned a high school diploma or diate family member of the alien. terim basis, immediately on publication in a commensurate alternative award from a (i) DOCUMENTS ESTABLISHING QUALIFICATION the Federal Register, but may be subject to public or private high school, or has obtained FOR HARDSHIP EXEMPTION.—To establish that change and revision after public notice and a general educational development certifi- an alien satisfies 1 of the criteria for the opportunity for a period of public comment. cate recognized under State law or a high hardship exemption described in section (c) FINAL REGULATIONS.—Not later than 180 school equivalency diploma in the United 205(a)(2)(A)(iii), the alien shall submit to the days after the date on which interim regula- States, the alien shall submit to the Sec- Secretary at least 2 sworn affidavits from in- tions are published under this section, the retary— dividuals who are not related to the alien Secretary shall publish final regulations im- (1) a high school diploma, certificate of and who have direct knowledge of the cir- plementing this subtitle. completion, or other alternate award; cumstances that warrant the exemption, (d) PAPERWORK REDUCTION ACT.—The re- (2) a high school equivalency diploma or that contain— quirements under chapter 35 of title 44, certificate recognized under State law; or (1) the name, address, and telephone num- United States Code, (commonly known as (3) evidence that the alien passed a State- ber of the affiant; and the ‘‘Paperwork Reduction Act’’) shall not authorized exam, including the general edu- (2) the nature and duration of the relation- apply to any action to implement this sub- cational development exam, in the United ship between the affiant and the alien. title. States. (j) DOCUMENTS ESTABLISHING SERVICE IN SEC. 208. CONFIDENTIALITY OF INFORMATION. (g) DOCUMENTS ESTABLISHING ENROLLMENT THE UNIFORMED SERVICES.—To establish that (a) IN GENERAL.—The Secretary may not IN AN EDUCATIONAL PROGRAM.—To establish an alien has served in the Uniformed Serv- disclose or use for the purpose of immigra- that an alien is enrolled in any school or ices for at least 2 years and, if discharged, re- tion enforcement any information provided education program described in section ceived an honorable discharge, the alien in— 203(b)(1)(D)(iii), 203(d)(3)(A)(iii), or shall submit to the Secretary— (1) an application filed under this subtitle; 205(a)(1)(C)(i), the alien shall submit school (1) a Department of Defense form DD-214; or records from the United States school that (2) a National Guard Report of Separation (2) a request for DACA. the alien is currently attending that in- and Record of Service form 22; (b) REFERRALS PROHIBITED.—The Secretary clude— (3) personnel records for such service from may not refer to U.S. Immigration and Cus- (1) the name of the school; and the appropriate Uniformed Service; or toms Enforcement, U.S. Customs and Border (2) the alien’s name, periods of attendance, (4) health records from the appropriate Protection, or any designee of U.S. Immigra- and current grade or educational level. Uniformed Service. tion and Customs Enforcement or U.S. Cus- (h) DOCUMENTS ESTABLISHING EXEMPTION (k) DOCUMENTS ESTABLISHING EMPLOY- toms and Border Protection any individual FROM APPLICATION FEES.—To establish that MENT.— who— an alien is exempt from an application fee (1) IN GENERAL.—An alien may satisfy the (1) has been granted permanent resident under section 203(b)(5)(B) or 205(a)(4)(B), the employment requirement under section status on a conditional basis; or alien shall submit to the Secretary the fol- 205(a)(1)(C)(iii) by submitting records that— (2) was granted DACA. lowing relevant documents: (A) establish compliance with such em- (c) LIMITED EXCEPTION.—Notwithstanding (1) DOCUMENTS TO ESTABLISH AGE.—To es- ployment requirement; and subsections (a) and (b), information provided tablish that an alien meets an age require- (B) have been maintained by the Social Se- in an application for permanent resident sta- ment, the alien shall provide proof of iden- curity Administration, the Internal Revenue tus on a conditional basis or a request for tity, as described in subsection (a), that es- Service, or any other Federal, State, or local DACA may be shared with a Federal security tablishes that the alien is younger than 18 government agency. or law enforcement agency— years of age. (2) OTHER DOCUMENTS.—An alien who is un- (1) for assistance in the consideration of an (2) DOCUMENTS TO ESTABLISH INCOME.—To able to submit the records described in para- application for permanent resident status on establish the alien’s income, the alien shall graph (1) may satisfy the employment re- a conditional basis; provide— quirement by submitting at least 2 types of (2) to identify or prevent fraudulent (A) employment records that have been reliable documents that provide evidence of claims; maintained by the Social Security Adminis- employment, including— (3) for national security purposes; or tration, the Internal Revenue Service, or any (A) bank records; (4) for the investigation or prosecution of other Federal, State, or local government (B) business records; any felony not related to immigration sta- agency; (C) employer records; tus. (B) bank records; or (D) records of a labor union, day labor cen- (d) PENALTY.—Any person who knowingly (C) at least 2 sworn affidavits from individ- ter, or organization that assists workers in uses, publishes, or permits information to be uals who are not related to the alien and who employment; examined in violation of this section shall be have direct knowledge of the alien’s work (E) sworn affidavits from individuals who fined not more than $10,000. and income that contain— are not related to the alien and who have di- SEC. 209. RESTORATION OF STATE OPTION TO (i) the name, address, and telephone num- rect knowledge of the alien’s work, that con- DETERMINE RESIDENCY FOR PUR- ber of the affiant; and POSES OF HIGHER EDUCATION BEN- tain— EFITS. (ii) the nature and duration of the relation- (i) the name, address, and telephone num- (a) IN GENERAL.—Section 505 of the Illegal ship between the affiant and the alien. ber of the affiant; and Immigration Reform and Immigrant Respon- (3) DOCUMENTS TO ESTABLISH FOSTER CARE, (ii) the nature and duration of the relation- sibility Act of 1996 (8 U.S.C. 1623) is repealed. LACK OF FAMILIAL SUPPORT, HOMELESSNESS, ship between the affiant and the alien; and (b) EFFECTIVE DATE.—The repeal under OR SERIOUS, CHRONIC DISABILITY.—To estab- (F) remittance records. subsection (a) shall take effect as if included lish that the alien was in foster care, lacks (l) AUTHORITY TO PROHIBIT USE OF CERTAIN in the original enactment of the Illegal Im- parental or familial support, is homeless, or DOCUMENTS.—If the Secretary determines, migration Reform and Immigrant Responsi- has a serious, chronic disability, the alien after publication in the Federal Register and bility Act of 1996 (division C of Public Law shall provide at least 2 sworn affidavits from an opportunity for public comment, that any 104–208; 110 Stat. 3009–546). individuals who are not related to the alien document or class of documents does not re- and who have direct knowledge of the cir- liably establish identity or that permanent SA 1959. Mr. GRASSLEY (for him- cumstances that contain— resident status on a conditional basis is self, Mrs. ERNST, Mr. TILLIS, Mr. (A) a statement that the alien is in foster being obtained fraudulently to an unaccept- LANKFORD, Mr. COTTON, Mr. PERDUE, care, otherwise lacks any parental or other able degree, the Secretary may prohibit or familiar support, is homeless, or has a seri- restrict the use of such document or class of Mr. CORNYN, Mr. ALEXANDER, and Mr. ous, chronic disability, as appropriate; documents. ISAKSON) proposed an amendment to (B) the name, address, and telephone num- SEC. 207. RULEMAKING. the bill H.R. 2579, to amend the Inter- ber of the affiant; and (a) INITIAL PUBLICATION.— nal Revenue Code of 1986 to allow the

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.020 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S981 premium tax credit with respect to un- Sec. 1152. Southern border security assist- CHAPTER 3—COOPERATION WITH MEXICO AND subsidized COBRA continuation cov- ance grants. OTHER COUNTRIES ON ASYLUM AND REFUGEE erage; as follows: Sec. 1153. Operation Stonegarden. ISSUES Sec. 1154. Grants for identification of vic- Strike all after the enacting clause and in- Sec. 1541. Strengthening internal asylum tims of cross-border human sert the following: systems in Mexico and other smuggling. countries. SECTION 1. SHORT TITLES; TABLE OF CONTENTS. Sec. 1155. Grant accountability. Sec. 1542. Expanding refugee processing in (a) SHORT TITLES.—This Act may be cited Mexico and Central America for as the ‘‘SECURE and SUCCEED Act’’. Subtitle B—Emergency Port of Entry third country resettlement. (b) TABLE OF CONTENTS.—The table of con- Personnel and Infrastructure Funding tents for this Act is as follows: Sec. 1201. Definitions. Subtitle F—Penalties for Smuggling, Drug Sec. 1. Short titles; table of contents. Sec. 1202. Ports of entry infrastructure. Trafficking, Human Trafficking, Ter- rorism, and Illegal Entry and Reentry; TITLE I—BUILDING AMERICA’S TRUST Sec. 1203. Secure communications. Bars to Readmission of Removed Aliens ACT Sec. 1204. Border security deployment pro- gram. Sec. 1601. Dangerous human smuggling, Sec. 1001. Short title. Sec. 1205. Pilot and upgrade of license plate human trafficking, and human Subtitle A—Border Security readers at ports of entry. rights violations. Sec. 1101. Definitions. Sec. 1206. Biometric technology. Sec. 1602. Putting the Brakes on Human CHAPTER 1—INFRASTRUCTURE AND EQUIPMENT Sec. 1207. Nonintrusive inspection oper- Smuggling Act. Sec. 1111. Strengthening the requirements ational demonstration project. Sec. 1603. Drug trafficking and crimes of vio- for barriers along the southern Sec. 1208. Biometric exit data system. lence committed by illegal border. Sec. 1209. Sense of Congress on cooperation aliens. Sec. 1112. Air and Marine Operations flight between agencies. Sec. 1604. Establishing inadmissibility and hours. Subtitle C—Border Security Enforcement deportability. Sec. 1113. Capability deployment to specific Fund Sec. 1605. Penalties for illegal entry; en- hanced penalties for entering sectors and transit zone. Sec. 1301. Border Security Enforcement Sec. 1114. U.S. Border Patrol activities. with intent to aid, abet, or Fund. Sec. 1115. National Guard support to secure commit terrorism. the southern border. Subtitle D—Stop the Importation and Sec. 1606. Penalties for reentry of removed Sec. 1116. Operation Phalanx. Trafficking of Synthetic Analogues Act aliens. Sec. 1117. Merida Initiative. Sec. 1401. Short titles. Sec. 1607. Laundering of monetary instru- Sec. 1118. Prohibitions on actions that im- Sec. 1402. Establishment of Schedule A. ments. pede border security on certain Sec. 1403. Temporary and permanent sched- Sec. 1608. Freezing bank accounts of inter- Federal land. uling of schedule A substances. national criminal organizations Sec. 1119. Landowner and rancher security Sec. 1404. Penalties. and money launderers. enhancement. Sec. 1405. False labeling of schedule A con- Sec. 1609. Criminal proceeds laundered Sec. 1120. Limitation on land owner’s liabil- trolled substances. through prepaid access devices, ity. Sec. 1406. Registration requirements for digital currencies, or other Sec. 1121. Eradication of carrizo cane and handlers of schedule A sub- similar instruments. salt cedar. stances. Sec. 1610. Closing the loophole on drug car- Sec. 1122. Prevention, detection, control, Sec. 1407. Additional conforming amend- tel associates engaged in money and eradication of diseases and ments. laundering. pests. Sec. 1408. Clarification of the definition of Subtitle G—Protecting National Security Sec. 1123. Transnational criminal organiza- controlled substance analogue and Public Safety tion illicit spotter prevention under the Analogue Enforce- and detection. CHAPTER 1—GENERAL MATTERS ment Act. Sec. 1124. Southern border threat analysis. Sec. 1701. Definitions of terrorist activity, Sec. 1409. Rules of construction. Sec. 1125. Amendments to U.S. Customs and engage in terrorist activity, Border Protection. Subtitle E—Domestic Security and terrorist organization. Sec. 1126. Agent and officer technology use. CHAPTER 1—GENERAL MATTERS Sec. 1702. Terrorist and security-related Sec. 1127. Integrated Border Enforcement Sec. 1501. Keep Our Communities Safe Act. grounds of inadmissibility. Teams. Sec. 1502. Deterring visa overstays. Sec. 1703. Expedited removal for aliens inad- Sec. 1128. Land use or acquisition. missible on criminal or security Sec. 1129. Tunnel Task Forces. Sec. 1503. Increase in immigration detention capacity. grounds. Sec. 1130. Pilot program on use of electro- Sec. 1704. Detention of removable aliens. magnetic spectrum in support Sec. 1504. Collection of DNA from criminal and detained aliens. Sec. 1705. GAO study on deaths in custody. of border security operations. Sec. 1706. GAO study on migrant deaths. Sec. 1131. Foreign migration assistance. Sec. 1505. Collection, use, and storage of bio- metric data. Sec. 1707. Statute of limitations for visa, CHAPTER 2—PERSONNEL Sec. 1506. Pilot program for electronic field naturalization, and other fraud Sec. 1141. Additional U.S. Customs and Bor- processing. offenses involving war crimes, der Protection agents and offi- Sec. 1507. Ending abuse of parole authority. crimes against humanity, or cers. Sec. 1508. Reports to Congress on parole. human rights violations. Sec. 1142. Fair labor standards for border pa- Sec. 1708. Criminal detention of aliens to Sec. 1509. Reinstatement of the Secure Com- trol agents. protect public safety. munities Program. Sec. 1143. U.S. Customs and Border Protec- Sec. 1709. Recruitment of persons to partici- Sec. 1510. Ensuring that local and Federal tion retention incentives. pate in terrorism. law enforcement officers may Sec. 1144. Rate of pay for U.S. Immigration Sec. 1710. Barring and removing persecutors, cooperate to safeguard our and Customs Enforcement offi- war criminals, and participants communities. cers and agents. in crimes against humanity Sec. 1145. Anti-Border Corruption Reauthor- CHAPTER 2—PROTECTION AND DUE PROCESS from the United States. ization Act. FOR UNACCOMPANIED ALIEN CHILDREN Sec. 1711. Child soldier recruitment ineligi- Sec. 1146. Training for officers and agents of Sec. 1520. Short title. bility technical correction. U.S. Customs and Border Pro- Sec. 1521. Repatriation of unaccompanied Sec. 1712. Gang membership, removal, and tection. alien children. increased criminal penalties re- Sec. 1147. Additional U.S. Immigration and Sec. 1522. Child welfare and law enforcement lated to gang violence. Customs Enforcement per- information sharing. Sec. 1713. Barring aggravated felons, border sonnel. Sec. 1523. Accountability for children and checkpoint runners, and sex of- Sec. 1148. Other immigration and law en- taxpayers. fenders from admission to the forcement personnel. Sec. 1524. Custody of unaccompanied alien United States. Sec. 1149. Judicial resources for border secu- children in formal removal pro- Sec. 1714. Protecting immigrants from con- rity. ceeding. victed sex offenders. Sec. 1150. Reimbursement to State and local Sec. 1525. Fraud in connection with the Sec. 1715. Enhanced criminal penalties for prosecutors for federally initi- transfer of custody of unaccom- high speed flight. ated, immigration-related panied alien children. Sec. 1716. Prohibition on asylum and can- criminal cases. Sec. 1526. Notification of States and foreign cellation of removal for terror- CHAPTER 3—GRANTS governments, reporting, and ists. Sec. 1151. State Criminal Alien Assistance monitoring. Sec. 1717. Aggravated felonies. Program. Sec. 1527. Reports to Congress. Sec. 1718. Failure to obey removal orders.

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0655 E:\CR\FM\A14FE6.018 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S982 CONGRESSIONAL RECORD — SENATE February 14, 2018 Sec. 1719. Sanctions for countries that delay Sec. 1805. Removal of condition on lawful TITLE V—OTHER MATTERS or prevent repatriation of their permanent resident status prior Sec. 5001. Other Immigration and Nation- nationals. to naturalization. ality Act amendments. Sec. 1720. Enhanced penalties for construc- Sec. 1806. Prohibition on terrorists and Sec. 5002. Exemption from the Administra- tion and use of border tunnels. aliens who pose a threat to na- tive Procedure Act. Sec. 1721. Enhanced penalties for fraud and tional security or public safety Sec. 5003. Exemption from the Paperwork misuse of visas, permits, and from receiving an adjustment Reduction Act. other documents. of status. Sec. 1722. Expansion of criminal alien repa- Sec. 1807. Treatment of applications for ad- Sec. 5004. Exemption from government con- triation programs. justment of status during pend- tracting and hiring rules. Sec. 1723. Prohibition on flight training and ing denaturalization pro- Sec. 5005. Ability to fill and retain Depart- nuclear studies for nationals of ceedings. ment of Homeland Security po- high-risk countries. Sec. 1808. Extension of time limit to permit sitions in United States terri- tories. CHAPTER 2—STRONG VISA INTEGRITY SECURES rescission of permanent resi- Sec. 5006. Severability. AMERICA ACT dent status. Sec. 1809. Barring persecutors and terrorists Sec. 5007. Funding. Sec. 1731. Short title. from registry. Sec. 1732. Visa security. TITLE VI—TECHNICAL AMENDMENTS Sec. 1733. Electronic passport screening and CHAPTER 2—PROHIBITION ON NATURALIZATION Sec. 6001. References to the Immigration biometric matching. AND UNITED STATES CITIZENSHIP and Nationality Act. Sec. 1734. Reporting visa overstays. Sec. 1821. Barring terrorists from becoming Sec. 6002. Technical amendments to title I Sec. 1735. Student and exchange visitor in- naturalized United States citi- of the Immigration and Nation- formation system verification. zens. ality Act. Sec. 1736. Social media review of visa appli- Sec. 1822. Terrorist bar to good moral char- Sec. 6003. Technical amendments to title II cants. acter. of the Immigration and Nation- CHAPTER 3—VISA CANCELLATION AND Sec. 1823. Prohibition on judicial review of ality Act. REVOCATION naturalization applications for Sec. 6004. Technical amendments to title III aliens in removal proceedings. Sec. 1741. Cancellation of additional visas. of the Immigration and Nation- Sec. 1824. Limitation on judicial review Sec. 1742. Visa information sharing. ality Act. when agency has not made deci- Sec. 1743. Visa interviews. Sec. 6005. Technical amendment to title IV Sec. 1744. Visa revocation and limits on judi- sion on naturalization applica- of the Immigration and Nation- cial review. tion and on denials. ality Act. Sec. 1825. Clarification of denaturalization CHAPTER 4—SECURE VISAS ACT Sec. 6006. Technical amendments to title V authority. of the Immigration and Nation- Sec. 1751. Short title. Sec. 1826. Denaturalization of terrorists. ality Act. Sec. 1752. Authority of the Secretary of Sec. 1827. Treatment of pending applications Sec. 6007. Other amendments. Homeland Security and the during denaturalization pro- Secretary of State. ceedings. Sec. 6008. Repeals; rule of construction. Sec. 6009. Miscellaneous technical correc- CHAPTER 5—VISA FRAUD AND SECURITY Sec. 1828. Naturalization document reten- tion. IMPROVEMENT ACT OF 2018 tion. Sec. 1761. Short title. CHAPTER 3—FORFEITURE OF PROCEEDS FROM TITLE I—BUILDING AMERICA’S TRUST Sec. 1762. Expanded usage of fraud preven- PASSPORT AND VISA OFFENSES, AND PASS- ACT tion and detection fees. PORT REVOCATION. SEC. 1001. SHORT TITLE. Sec. 1763. Inadmissibility of spouses and Sec. 1831. Forfeiture of proceeds from pass- This title may be cited as the ‘‘Building sons and daughters of traf- port and visa offenses. America’s Trust Act’’. fickers. Sec. 1832. Passport Revocation Act. Subtitle A—Border Security Sec. 1764. DNA testing and criminal history. TITLE II—PERMANENT REAUTHORIZA- SEC. 1101. DEFINITIONS. Sec. 1765. Access to NCIC criminal history TION OF VOLUNTARY E–VERIFY database for diplomatic visas. In this subtitle: Sec. 2001. Permanent reauthorization. Sec. 1766. Elimination of signed photograph (1) ADVANCED UNATTENDED SURVEILLANCE Sec. 2002. Preemption; liability. SENSORS.—The term ‘‘advanced unattended requirement for visa applica- Sec. 2003. Information sharing. surveillance sensors’’ means sensors that tions. Sec. 2004. Small Business Demonstration utilize an onboard computer to analyze de- CHAPTER 6—OTHER MATTERS Program. tections in an effort to discern between vehi- Sec. 1771. Requirement for completion of Sec. 2005. Fraud prevention. cles, humans, and animals, and ultimately background checks. Sec. 2006. Identity authentication employ- filter false positives before transmission. Sec. 1772. Withholding of adjudication. ment eligibility verification (2) APPROPRIATE CONGRESSIONAL COM- Sec. 1773. Access to the National Crime In- pilot programs. MITTEE.—The term ‘‘appropriate congres- formation Center Interstate TITLE III—SUCCEED ACT sional committee’’ has the meaning given Identification Index. Sec. 3001. Short titles. the term in section 2(2) of the Homeland Se- Sec. 1774. Appropriate remedies for immi- Sec. 3002. Definitions. curity Act of 2002 (6 U.S.C. 101(2)). gration litigation. Sec. 3003. Cancellation of removal of certain (3) COMMISSIONER.—The term ‘‘Commis- Sec. 1775. Use of 1986 IRCA legalization in- long-term residents who en- sioner’’ means the Commissioner of U.S. Cus- formation for national security tered the United States as chil- toms and Border Protection. purposes. dren. (4) HIGH TRAFFIC AREAS.—The term ‘‘high Sec. 1776. Uniform statute of limitations for Sec. 3004. Conditional temporary resident certain immigration, natu- traffic areas’’ has the meaning given the status. term in section 102(e)(1) of the Illegal Immi- ralization, and peonage of- Sec. 3005. Removal of conditional basis for fenses. gration Reform and Immigrant Responsi- temporary residence. bility Act of 1996, as added by section 1111. Sec. 1777. Conforming amendment to the Sec. 3006. Benefits for relatives of aliens definition of racketeering ac- (5) OPERATIONAL CONTROL.—The term granted conditional temporary ‘‘operational control’’ has the meaning given tivity. resident status. Sec. 1778. Validity of electronic signatures. the term in section 2(b) of the Secure Fence Sec. 3007. Exclusive jurisdiction. Act of 2006 (8 U.S.C. 1701 note; Public Law Subtitle H—Prohibition on Terrorists Ob- Sec. 3008. Confidentiality of information. 109–367). taining Lawful Status in the United States Sec. 3009. Restriction on welfare benefits for (6) SECRETARY.—The term ‘‘Secretary’’ CHAPTER 1—PROHIBITION ON ADJUSTMENT TO conditional temporary resi- means the Secretary of Homeland Security. LAWFUL PERMANENT RESIDENT STATUS dents. (7) SITUATIONAL AWARENESS.—The term Sec. 1801. Lawful permanent residents as ap- Sec. 3010. GAO report. ‘‘situational awareness’’ has the meaning plicants for admission. Sec. 3011. Military enlistment. given the term in section 1092(a)(7) of the Na- Sec. 1802. Date of admission for purposes of Sec. 3012. Eligibility for naturalization. tional Defense Authorization Act for Fiscal adjustment of status. Sec. 3013. Funding. Year 2017 (6 U.S.C. 223(a)(7); Public Law 114– Sec. 1803. Precluding asylee and refugee ad- TITLE IV—ENSURING FAMILY 328). justment of status for certain REUNIFICATION (8) SMALL UNMANNED AERIAL VEHICLE.—The grounds of inadmissibility and Sec. 4001. Short title. term ‘‘small unmanned aerial vehicle’’ has deportability. Sec. 4002. Family-Sponsored immigration the meaning given the term ‘‘small un- Sec. 1804. Revocation of lawful permanent priorities. manned aircraft’’ in section 331 of the FAA resident status for human Sec. 4003. Elimination of Diversity Visa Pro- Modernization and Reform Act of 2012 (Pub- rights violators. gram. lic Law 112–95; 49 U.S.C. 40101 note).

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.018 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S983

(9) TRANSIT ZONE.—The term ‘‘transit owners in the United States to minimize the for achieving situational awareness and zone’’ has the meaning given the term in sec- impact on the environment, culture, com- operational control of the border. tion 1092(a)(8) of the National Defense Au- merce, and quality of life for the commu- ‘‘(f) LIMITATION ON REQUIREMENTS.—Noth- thorization Act for Fiscal Year 2017 (6 U.S.C. nities and residents located near the sites at ing in this section may be construed as re- 223(a)(7); Public Law 114–328). which such physical barriers are to be con- quiring the Secretary to install tactical in- (10) UNMANNED AERIAL SYSTEM.—The term structed.’’; frastructure, technology, and physical bar- ‘‘unmanned aerial system’’ has the meaning (II) by redesignating clause (ii) as clause riers in a particular location along an inter- given the term ‘‘unmanned aircraft system’’ (iii); and national border of the United States if the in section 331 of the FAA Modernization and (III) by inserting after clause (i), as amend- Secretary determines that the use or place- Reform Act of 2012 (Public Law 112–95; 49 ed, the following: ment of such resources is not the most ap- U.S.C. 40101 note). ‘‘(ii) NOTIFICATION.—Not later than 60 days propriate means to achieve and maintain sit- (11) UNMANNED AERIAL VEHICLE.—The term after the consultation required under clause uational awareness and operational control ‘‘unmanned aerial vehicle’’ has the meaning (i), the Secretary of Homeland Security shall over the international border at such loca- given the term ‘‘unmanned aircraft system’’ notify the Committee on Homeland Security tion. ‘‘(g) DEFINITIONS.—In this section: in section 331 of the FAA Modernization and of the House of Representatives and the ‘‘(1) HIGH TRAFFIC AREAS.—The term ‘high Reform Act of 2012 (Public Law 112–95; 49 Committee on Homeland Security and Gov- traffic areas’ means areas in the vicinity of U.S.C. 40101 note). ernmental Affairs of the Senate of the type of physical barriers, tactical infrastructure, the United States border that— CHAPTER 1—INFRASTRUCTURE AND or technology the Secretary has determined ‘‘(A) are within the responsibility of U.S. EQUIPMENT is most practical and effective to achieve sit- Customs and Border Protection; and SEC. 1111. STRENGTHENING THE REQUIREMENTS uational awareness and operational control ‘‘(B) have significant unlawful cross-border FOR BARRIERS ALONG THE SOUTH- in a specific area and the other alternatives activity, as determined by the Secretary of ERN BORDER. the Secretary considered before making such Homeland Security. Section 102 of the Illegal Immigration Re- a determination.’’; and ‘‘(2) OPERATIONAL CONTROL.—The term form and Immigrant Responsibility Act of (IV) in clause (iii), as redesignated— ‘operational control’ has the meaning given 1996 (Division C of Public Law 104–208; 8 (aa) in subclause (I), by striking ‘‘or’’ at the term in section 2(b) of the Secure Fence U.S.C. 1103 note) is amended— the end; Act of 2006 (8 U.S.C. 1701 note; Public Law (1) by amending subsection (a) to read as (bb) by amending subclause (II) to read as 109–367). follows: follows: ‘‘(3) PHYSICAL BARRIERS.—The term ‘phys- ‘‘(a) IN GENERAL.—The Secretary of Home- ‘‘(II) delay the transfer of the possession of ical barriers’ includes reinforced fencing, a land Security shall take such actions as may property to the United States or affect the border wall system, and levee walls. be necessary (including the removal of obsta- validity of any property acquisition by pur- ‘‘(4) SITUATIONAL AWARENESS DEFINED.— cles to detection of illegal entrants) to con- chase or eminent domain, or to otherwise af- The term ‘situational awareness’ has the struct, install, deploy, operate, and perma- fect the eminent domain laws of the United meaning given the term in section 1092(a)(7) nently maintain physical barriers, tactical States or of any state; or’’; and of the National Defense Authorization Act infrastructure and technology in the vicinity (cc) by adding at the end the following: for Fiscal Year 2017 (6 U.S.C. 223(a)(7); Public of the United States border to achieve situa- ‘‘(III) create any right or liability for any Law 114–328). tional awareness and operational control of party.’’; and ‘‘(5) TACTICAL INFRASTRUCTURE.—The term the border and deter, impede, and detect ille- (iv) by striking subparagraph (D); ‘tactical infrastructure’ includes boat ramps, gal activity in high traffic areas.’’; (C) in paragraph (2)— access gates, checkpoints, lighting, and (2) in subsection (b)— (i) by striking ‘‘Attorney General’’ and in- roads. (A) in the subsection heading, by striking serting ‘‘Secretary of Homeland Security’’; ‘‘(6) TECHNOLOGY.—The term ‘technology’ ‘‘FENCING AND ROAD IMPROVEMENTS’’ and in- (ii) by striking ‘‘this subsection’’ and in- means border surveillance and detection serting ‘‘PHYSICAL BARRIERS’’; serting ‘‘this section’’; and technology, including— (B) in paragraph (1)— (iii) by striking ‘‘construction of fences’’ ‘‘(A) tower-based surveillance technology; (i) in subparagraph (A)— and inserting ‘‘the construction of physical ‘‘(B) deployable, lighter-than-air ground (I) by striking ‘‘subsection (a)’’ and insert- barriers’’; and surveillance equipment; ing ‘‘this section’’; (D) by amending paragraph (3) to read as ‘‘(C) Vehicle and Dismount Exploitation (II) by striking ‘‘roads, lighting, cameras, follows: Radars (VADER); ‘‘(D) 3-dimensional, seismic acoustic detec- and sensors’’ and inserting ‘‘tactical infra- ‘‘(3) AGENT SAFETY.—In carrying out this structure, and technology’’; and section, the Secretary of Homeland Security, tion and ranging border tunneling detection (III) by striking ‘‘gain’’ and inserting when designing, constructing, and deploying technology; ‘‘(E) advanced unattended surveillance sen- ‘‘achieve situational awareness and’’; and physical barriers, tactical infrastructure, or sors; (ii) by amending subparagraph (B) to read technology, shall incorporate such safety ‘‘(F) mobile vehicle-mounted and man- as follows: features into the design, construction, or de- portable surveillance capabilities; ‘‘(B) PHYSICAL BARRIERS AND TACTICAL IN- ployment of such physical barriers, tactical ‘‘(G) unmanned aerial vehicles; and FRASTRUCTURE.— infrastructure, or technology, as the case ‘‘(H) other border detection, communica- ‘‘(i) IN GENERAL.—Not later than Sep- may be, that the Secretary determines, in tion, and surveillance technology. tember 30, 2022, the Secretary of Homeland the Secretary’s sole discretion, are necessary ‘‘(7) UNMANNED AERIAL VEHICLES.—The Security, in carrying out this section, shall to maximize the safety and effectiveness of term ‘unmanned aerial vehicle’ has the deploy along the United States border the officers or agents of the Department of meaning given the term ‘unmanned aircraft’ most practical and effective physical bar- Homeland Security or of any other Federal in section 331 of the FAA Modernization and riers and tactical infrastructure available agency deployed in the vicinity of such phys- Reform Act of 2012 (Public Law 112–95; 49 for achieving situational awareness and ical barriers, tactical infrastructure, or tech- U.S.C. 40101 note).’’. operational control of the border. nology.’’; ‘‘(ii) CONSIDERATION FOR CERTAIN PHYSICAL (3) in subsection (c), by amending para- SEC. 1112. AIR AND MARINE OPERATIONS FLIGHT HOURS. BARRIERS AND TACTICAL INFRASTRUCTURE.— graph (1) to read as follows: (a) INCREASED FLIGHT HOURS.—The Sec- The deployment of physical barriers and tac- ‘‘(1) IN GENERAL.—Notwithstanding any retary shall ensure that not fewer than 95,000 tical infrastructure under this subparagraph other provision of law, the Secretary of shall not apply in any area or region along annual flight hours are carried out by Air Homeland Security shall have the authority and Marine Operations of U.S. Customs and the border where natural terrain features, to waive all legal requirements that the Sec- natural barriers, or the remoteness of such Border Protection. retary, in the Secretary’s sole discretion, de- (b) UNMANNED AERIAL SYSTEM.—The Sec- area or region would make any such deploy- termines necessary to ensure the expeditious retary, after coordination with the Adminis- ment ineffective, as determined by the Sec- design, testing, construction, installation, trator of the Federal Aviation Administra- retary, for the purposes of gaining situa- deployment, operation, and maintenance of tion, shall ensure that Air and Marine Oper- tional awareness or operational control of the physical barriers, tactical infrastructure ations operate unmanned aerial systems on such area or region.’’; and technology under this section. Any such the southern border of the United States for (iii) in subparagraph (C)— decision by the Secretary shall be effective not fewer than 24 hours per day for 5 days per (I) by amending clause (i) to read as fol- upon publication in the Federal Register.’’; week. lows: and (c) CONTRACT AIR SUPPORT AUTHORIZA- ‘‘(i) IN GENERAL.—In carrying out this sec- (4) by adding after subsection (d) the fol- TION.—The Commissioner shall contract for tion, the Secretary of Homeland Security lowing: the unfulfilled identified air support mission shall, before constructing physical barriers ‘‘(e) TECHNOLOGY.—Not later than Sep- critical hours, as identified by the Chief of in a specific area or region, consult with the tember 30, 2022, the Secretary of Homeland the U.S. Border Patrol. Secretary of the Interior, the Secretary of Security, in carrying out this section, shall (d) PRIMARY MISSION.—The Commissioner Agriculture, appropriate representatives of deploy, operate, and permanently maintain shall ensure that— Federal, State, local, and tribal govern- along the United States border the most (1) the primary missions for Air and Ma- ments, and appropriate private property practical and effective technology available rine Operations are to directly support U.S.

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.018 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S984 CONGRESSIONAL RECORD — SENATE February 14, 2018 Border Patrol activities along the southern (i) Deployable, lighter-than-air surface sur- (H) Man-portable unmanned aerial vehi- border of the United States and Joint Inter- veillance equipment. cles. agency Task Force South operations in the (ii) Unmanned aerial vehicles with mari- (I) Improved agent communications capa- transit zone; and time surveillance capability. bilities. (2) the Executive Assistant Commissioner (iii) U.S. Customs and Border Protection (6) BIG BEND SECTOR.—For the Big Bend of Air and Marine Operations assigns the maritime patrol aircraft. sector, the following: greatest priority to support missions estab- (iv) Coastal radar surveillance systems. (A) Tower-based surveillance technology. lished by the Commissioner to carry out the (v) Maritime signals intelligence capabili- (B) Deployable, lighter-than-air ground requirements under this Act. ties. surveillance equipment. (e) HIGH-DEMAND FLIGHT HOUR REQUIRE- (D) Ultralight aircraft detection capabili- (C) Improved agent communications capa- MENTS.—In accordance with subsection (d), ties. bilities. the Commissioner shall ensure that U.S. (E) Advanced unattended surveillance sen- (D) Ultralight aircraft detection capabili- Border Patrol Sector Chiefs— sors. ties. (1) identify critical flight hour require- (F) A rapid reaction capability supported (E) Advanced unattended surveillance sen- ments; and by aviation assets. sors. (2) direct Air and Marine Operations to (G) Mobile vehicle-mounted and man-port- (F) A rapid reaction capability supported support requests from Sector Chiefs as their able surveillance capabilities. by aviation assets. primary mission. (H) Man-portable unmanned aerial vehi- (G) Mobile vehicle-mounted and man-port- (f) SMALL UNMANNED AERIAL VEHICLES.— cles. able surveillance capabilities. (1) IN GENERAL.—The Chief of the U.S. Bor- (I) Improved agent communications capa- (H) Man-portable unmanned aerial vehi- der Patrol shall be the executive agent for bilities. cles. U.S. Customs and Border Protection’s use of (2) EL CENTRO SECTOR.—For the El Centro (I) Improved agent communications capa- small, unmanned aerial vehicles for the pur- sector, the following: bilities. pose of meeting the U.S. Border Patrol’s (A) Tower-based surveillance technology. (7) DEL RIO SECTOR.—For the Del Rio sec- unmet flight hour operational requirements (B) Deployable, lighter-than-air ground tor, the following: and to achieve situational awareness and surveillance equipment. (A) Tower-based surveillance technology. operational control. (C) Man-portable unmanned aerial vehi- (B) Increased monitoring for cross-river cles. dams, culverts, and footpaths. (2) COORDINATION.—In carrying out para- graph (1), the Chief of the U.S. Border Patrol (D) Ultralight aircraft detection capabili- (C) Improved agent communications capa- shall— ties. bilities. (A) coordinate flight operations with the (E) Advanced unattended surveillance sen- (D) Improved maritime capabilities in the Administrator of the Federal Aviation Ad- sors. Amistad National Recreation Area. (F) A rapid reaction capability supported (E) Advanced unattended surveillance sen- ministration to ensure the safe and efficient by aviation assets. sors. operation of the National Airspace System; (G) Man-portable unmanned aerial vehi- (F) A rapid reaction capability supported and cles. by aviation assets. (B) coordinate with the Executive Assist- (H) Improved agent communications capa- (G) Mobile vehicle-mounted and man-port- ant Commissioner for Air and Marine Oper- bilities. able surveillance capabilities. ations of U.S. Customs and Border Protec- (3) YUMA SECTOR.—For the Yuma sector, (H) Man-portable unmanned aerial vehi- tion to ensure the safety of other aircraft the following: cles. flying in the vicinity of small, unmanned (A) Tower-based surveillance technology. (I) Improved agent communications capa- aerial vehicles operated by the U.S. Border (B) Deployable, lighter-than-air ground bilities. Patrol. surveillance equipment. (8) LAREDO SECTOR.—For the Laredo sector, (3) CONFORMING AMENDMENT.—Section (C) Ultralight aircraft detection capabili- the following: 411(e)(3) of the Homeland Security Act of 2002 ties. (A) Tower-based surveillance technology. (6 U.S.C. 211(e)(3)) is amended— (D) Advanced unattended surveillance sen- (B) Maritime detection resources for the (A) in subparagraph (B), by striking ‘‘and’’ sors. Falcon Lake region. at the end; (E) A rapid reaction capability supported (C) Increased flight hours for aerial detec- (B) by redesignating subparagraph (C) as by aviation assets. tion, interdiction, and monitoring operations subparagraph (D); and (F) Mobile vehicle-mounted and man-port- capability. (C) by inserting after subparagraph (B) the able surveillance systems. (D) Increased monitoring for cross-river following: (G) Man-portable unmanned aerial vehi- dams, culverts, and footpaths. ‘‘(C) carry out the small unmanned aerial cles. (E) Ultralight aircraft detection capa- vehicle requirements pursuant to section (H) Improved agent communications capa- bility. 1112(f) of the Building America’s Trust Act; bilities. (F) Advanced unattended surveillance sen- and’’. (4) TUCSON SECTOR.—For the Tucson sector, sors. (g) SAVINGS CLAUSE.—Nothing in this sec- the following: (G) A rapid reaction capability supported tion may be construed to confer, transfer, or (A) Tower-based surveillance technology. by aviation assets. delegate to the Secretary, the Commis- (B) Increased flight hours for aerial detec- (H) Man-portable unmanned aerial vehi- sioner, the Executive Assistant Commis- tion, interdiction, and monitoring operations cles. sioner for Air and Marine Operations of U.S. capability. (I) Improved agent communications capa- Customs and Border Protection, or the Chief (C) Deployable, lighter-than-air ground bilities. of the U.S. Border Patrol any authority of surveillance equipment. (9) RIO GRANDE VALLEY SECTOR.—For the the Secretary of Transportation or the Ad- (D) Ultralight aircraft detection capabili- Rio Grande Valley sector, the following: ministrator of the Federal Aviation Admin- ties. (A) Tower-based surveillance technology. istration relating to the use of airspace or (E) Advanced unattended surveillance sen- (B) Deployable, lighter-than-air ground aviation safety. sors. surveillance equipment. SEC. 1113. CAPABILITY DEPLOYMENT TO SPE- (F) A rapid reaction capability supported (C) Increased flight hours for aerial detec- CIFIC SECTORS AND TRANSIT ZONE. by aviation assets. tion, interdiction, and monitoring operations (a) IN GENERAL.—Not later than September (G) Man-portable unmanned aerial vehi- capability. 30, 2022, the Secretary, in implementing sec- cles. (D) Ultralight aircraft detection capa- tion 102 of the Illegal Immigration Reform (H) Improved agent communications capa- bility. and Immigrant Responsibility Act of 1996, as bilities. (E) Advanced unattended surveillance sen- amended by section 1111, and acting through (5) EL PASO SECTOR.—For the El Paso sec- sors. the appropriate component of the Depart- tor, the following: (F) Increased monitoring for cross-river ment of Homeland Security, shall deploy to (A) Tower-based surveillance technology. dams, culverts, footpaths. each sector or region of the southern border (B) Deployable, lighter-than-air ground (G) A rapid reaction capability supported and the northern border, in a prioritized surveillance equipment. by aviation assets. manner to achieve situational awareness and (C) Ultralight aircraft detection capabili- (H) Increased maritime interdiction capa- operational control of such borders, the fol- ties. bilities. lowing additional capabilities: (D) Advanced unattended surveillance sen- (I) Mobile vehicle-mounted and man-port- (1) SAN DIEGO SECTOR.—For the San Diego sors. able surveillance capabilities. sector, the following: (E) Mobile vehicle-mounted and man-port- (J) Man-portable unmanned aerial vehi- (A) Tower-based surveillance technology. able surveillance systems. cles. (B) Subterranean surveillance and detec- (F) A rapid reaction capability supported (K) Improved agent communications capa- tion technologies. by aviation assets. bilities. (C) To increase coastal maritime domain (G) Mobile vehicle-mounted and man-port- (10) BLAINE SECTOR.—For the Blaine sector, awareness, the following: able surveillance capabilities. the following:

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.018 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S985 (A) Increased flight hours for aerial detec- (B) Coastal radar surveillance systems. at least 25 percent of the capabilities re- tion, interdiction, and monitoring operations (C) Increased maritime interdiction capa- quired in each sector specified in subsection capability. bilities. (a), whichever comes later, the Secretary (B) Coastal radar surveillance systems. (D) Mobile vehicle-mounted and man-port- may deviate from such capability deploy- (C) Increased maritime interdiction capa- able surveillance capabilities. ments if the Secretary determines that such bilities. (E) Advanced unattended surveillance sen- deviation is required to achieve situational (D) Mobile vehicle-mounted and man-port- sors. awareness or operational control. able surveillance capabilities. (F) Ultralight aircraft detection capabili- (B) NOTIFICATION.—If the Secretary exer- (E) Advanced unattended surveillance sen- ties. cises the authority described in subpara- sors. (G) Man-portable unmanned aerial vehi- graph (A), the Secretary shall, not later than (F) Ultralight aircraft detection capabili- cles. 90 days after such exercise, notify the Com- ties. (H) Improved agent communications sys- mittee on Homeland Security and Govern- (G) Man-portable unmanned aerial vehi- tems. mental Affairs of the Senate and the Com- cles. (16) SWANTON SECTOR.—For the Swanton mittee on Homeland Security of the House of (H) Improved agent communications capa- sector, the following: Representatives regarding the deviation bilities. (A) Increased flight hours for aerial detec- under such subparagraph that is the subject (11) SPOKANE SECTOR.—For the Spokane tion, interdiction, and monitoring operations of such exercise. If the Secretary makes any sector, the following: capability. changes to such deviation, the Secretary (A) Increased flight hours for aerial detec- (B) Mobile vehicle-mounted and man-port- shall, not later than 90 days after any such tion, interdiction, and monitoring operations able surveillance capabilities. change, notify such committees regarding capability. (C) Advanced unattended surveillance sen- such change. (B) Increased maritime interdiction capa- sors. (2) TRANSIT ZONE.— bilities. (D) Ultralight aircraft detection capabili- (A) NOTIFICATION.—The Secretary shall no- (C) Mobile vehicle-mounted and man-port- ties. tify the Committee on Homeland Security able surveillance capabilities. (E) Man-portable unmanned aerial vehi- and Governmental Affairs of the Senate, the (D) Advanced unattended surveillance sen- cles. Committee on Commerce, Science, and sors. (F) Improved agent communications sys- Transportation of the Senate, the Com- (E) Ultralight aircraft detection capabili- tems. mittee on Homeland Security of the House of ties. (17) HOULTON SECTOR.—For the Houlton Representatives, and the Committee on (F) Completion of six miles of the Bog sector, the following: Transportation and Infrastructure of the Creek road. (A) Increased flight hours for aerial detec- House of Representatives regarding the capa- (G) Man-portable unmanned aerial vehi- tion, interdiction, and monitoring operations bility deployments for the transit zone speci- cles. capability. fied in paragraph (18) of subsection (a), in- (H) Improved agent communications sys- (B) Mobile vehicle-mounted and man-port- cluding information relating to— tems. able surveillance capabilities. (i) the number and types of assets and per- (12) HAVRE SECTOR.—For the Havre sector, (C) Advanced unattended surveillance sen- sonnel deployed; and the following: sors. (ii) the impact such deployments have on (A) Increased flight hours for aerial detec- (D) Ultralight aircraft detection capabili- the capability of the Coast Guard to conduct tion, interdiction, and monitoring operations ties. its mission in the transit zone referred to in capability. (E) Man-portable unmanned aerial vehi- paragraph (18) of subsection (a). (B) Mobile vehicle-mounted and man-port- cles. (B) ALTERATION.—The Secretary may alter able surveillance capabilities. (F) Improved agent communications sys- the capability deployments referred to in (C) Advanced unattended surveillance sen- tems. this section if the Secretary— sors. (18) TRANSIT ZONE.—For the transit zone, (i) determines, after consultation with the (D) Ultralight aircraft detection capabili- the following: committees referred to in subparagraph (A), ties. (A) Not later than 2 years after the date of that such alteration is necessary; and (E) Man-portable unmanned aerial vehi- the enactment of this Act, an increase in the cles. (ii) not later than 30 days after making a number of overall cutter, boat, and aircraft determination under clause (i), notifies the (F) Improved agent communications sys- hours spent conducting interdiction oper- tems. committees referred to in such subparagraph ations over the average number of such regarding such alteration, including infor- (13) GRAND FORKS SECTOR.—For the Grand hours during the preceding 3 fiscal years. Forks sector, the following: mation relating to— (B) Increased maritime signals intelligence (I) the number and types of assets and per- (A) Increased flight hours for aerial detec- capabilities. tion, interdiction, and monitoring operations sonnel deployed pursuant to such alteration; (C) To increase maritime domain aware- and capability. ness— (B) Mobile vehicle-mounted and man-port- (II) the impact such alteration has on the (i) unmanned aerial vehicles with mari- capability of the Coast Guard to conduct its able surveillance capabilities. time surveillance capability; and (C) Advanced unattended surveillance sen- mission in the transit zone referred to in (ii) increased maritime aviation patrol paragraph (18) of subsection (a). sors. hours. (D) Ultralight aircraft detection capabili- (d) EXIGENT CIRCUMSTANCES.— (D) Increased operational hours for mari- (1) IN GENERAL.—Notwithstanding sub- ties. time security components dedicated to joint (E) Man-portable unmanned aerial vehi- section (b), the Secretary may deploy the ca- counter-smuggling and interdiction efforts pabilities referred to in subsection (a) in a cles. with other Federal agencies, including the (F) Improved agent communications sys- manner that is inconsistent with the re- Deployable Specialized Forces of the Coast quirements specified in such subsection if, tems. Guard. (14) DETROIT SECTOR.—For the Detroit sec- after the Secretary has deployed at least 25 (E) Coastal radar surveillance systems percent of such capabilities, the Secretary tor, the following: with long range day and night cameras capa- (A) Increased flight hours for aerial detec- determines that exigent circumstances de- ble of providing full maritime domain aware- mand such an inconsistent deployment or tion, interdiction, and monitoring operations ness of the United States territorial waters capability. that such an inconsistent deployment is surrounding Puerto Rico, Mona Island, vital to the national security interests of the (B) Coastal radar surveillance systems. Desecheo Island, Vieques Island, Culebra Is- (C) Increased maritime interdiction capa- United States. land, Saint Thomas, Saint John, and Saint (2) NOTIFICATION.—The Secretary shall no- bilities. Croix. (D) Mobile vehicle-mounted and man-port- tify the Committee on Homeland Security of (b) REIMBURSEMENT RELATED TO THE LOWER the House of Representatives and the Com- able surveillance capabilities. RIO GRANDE VALLEY FLOOD CONTROL mittee on Homeland Security and Govern- (E) Advanced unattended surveillance sen- PROJECT.—The International Boundary and mental Affairs of the Senate, , not later than sors. Water Commission is authorized to reim- 30 days after making a determination under (F) Ultralight aircraft detection capabili- burse State and local governments for any paragraph (1). Such notification shall in- ties. expenses incurred before, on, or after the (G) Man-portable unmanned aerial vehi- date of the enactment of this Act by such clude a detailed justification for such deter- cles. governments in designing, constructing, and mination. (H) Improved agent communications sys- rehabilitating the Lower Rio Grande Valley SEC. 1114. U.S. BORDER PATROL ACTIVITIES. tems. Flood Control Project of the Commission. The Chief of the U.S. Border Patrol shall (15) BUFFALO SECTOR.—For the Buffalo sec- (c) TACTICAL FLEXIBILITY.— prioritize the deployment of U.S. Border Pa- tor, the following: (1) SOUTHERN AND NORTHERN LAND BOR- trol agents to as close to the physical land (A) Increased flight hours for aerial detec- DERS.— border as possible, consistent with border se- tion, interdiction, and monitoring operations (A) IN GENERAL.—Beginning on September curity enforcement priorities and accessi- capability. 30, 2021, or after the Secretary has deployed bility to such areas.

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(a) CLERICAL AMENDMENT.—The table of provide assistance to U.S. Customs and Bor- (5) to provide for training and equipment contents in section 1(b) of the Homeland Se- der Protection for purposes of increasing on- for Mexican security forces involved in ef- curity Act of 2002 is amended by inserting going efforts to secure the southern border. forts to eradicate and interdict drugs. after the item relating to section 433 the fol- (b) TYPES OF ASSISTANCE AUTHORIZED.— (c) ALLOCATION OF FUNDS; REPORT.— lowing: The assistance provided under subsection (a) (1) IN GENERAL.—Notwithstanding any ‘‘Sec. 434. Border security technology pro- may include— other provision of law, 50 percent of any as- gram management.’’. (1) deployment of manned aircraft, un- sistance appropriated in any appropriations (b) PROHIBITION ON ADDITIONAL AUTHORIZA- manned aerial surveillance systems, and Act to implement this section shall be with- TION OF APPROPRIATIONS.—No additional ground-based surveillance systems to sup- held until after the Secretary of State sub- funds are authorized to be appropriated to port continuous surveillance of the southern mits a written report to the congressional carry out section 434 of the Homeland Secu- border; and committees specified in paragraph (3) certi- rity Act of 2002, as added by subsection (a). (2) intelligence analysis support. fying that the Government of Mexico is— Such section shall be carried out using (c) MATERIEL AND LOGISTICAL SUPPORT.— (A) significantly reducing illegal migra- amounts otherwise authorized for such pur- The Secretary of Defense may deploy such tion, drug trafficking, and cross-border poses. materiel, equipment, and logistics support as criminal activities on Mexico’s northern and SEC. 1115. NATIONAL GUARD SUPPORT TO SE- may be necessary to ensure the effectiveness southern borders; CURE THE SOUTHERN BORDER. of the assistance provided under subsection (B) taking significant action to address (a) IN GENERAL.—The Secretary may re- (a). corruption, impunity, and human rights (d) AUTHORIZATION OF APPROPRIATIONS.— quest that the Secretary of Defense support, abuses; and There are authorized to be appropriated for pursuant to chapter 15 of title 10, United (C) improving the transparency and ac- the Department of Defense $75,000,000 to pro- States Code, the Secretary’s efforts to secure countability of Mexican Federal police forces vide assistance under this section. The Sec- the southern border of the United States. and working with Mexican State and munic- The Secretary of Defense may authorize the retary of Defense may not seek reimburse- ment from the Secretary for any assistance ipal authorities to improve the transparency provision of such support under section 502(f) and accountability of Mexican State and mu- of title 32, United States Code, including pur- provided under this section. (e) REPORTS.— nicipal police forces. suant to chapter 9 of such title 32. (2) MATTERS TO INCLUDE.—The report re- (b) TYPE OF SUPPORT AUTHORIZED.—The (1) IN GENERAL.—Not later than 90 days quired under paragraph (1) shall include a de- support provided in accordance with sub- after the date of the enactment of this Act scription of— section (a) may include— and annually thereafter, the Secretary of De- (A) actions taken by the Government of (1) construction of reinforced fencing or fense shall submit a report to the appro- Mexico to address the matters described in other physical barriers; priate congressional defense committees (as such paragraph; (2) operation of ground-based surveillance defined in section 101(a)(16) of title 10, United (B) any relevant assessments by civil soci- systems; States Code) regarding any assistance pro- ety and non-government organizations in (3) deployment of manned aircraft, un- vided under subsection (a) during the period Mexico relating to such matters; and manned aerial surveillance systems, and specified in paragraph (3). (C) any instances in which the Secretary ground-based surveillance systems to sup- (2) ELEMENTS.—Each report under para- determines that the actions taken by the port continuous surveillance of the southern graph (1) shall include, for the period speci- Government of Mexico are inadequate to ad- border; and fied in paragraph (3), a description of— dress such matters. (4) intelligence analysis support. (A) the assistance provided; (3) CONGRESSIONAL COMMITTEES SPECI- (c) MATERIEL AND LOGISTICAL SUPPORT.— (B) the sources and amounts of funds used The Secretary of Defense may deploy such to provide such assistance; and FIED.—The congressional committees speci- materiel, equipment, and logistical support (C) the amounts obligated to provide such fied in this paragraph are— as may be necessary to ensure the effective- assistance. (A) the Committee on Appropriations of ness of the assistance provided under sub- (3) PERIOD SPECIFIED.—The period specified the Senate; section (a). in this paragraph is— (B) the Committee on Homeland Security (d) READINESS.—To ensure that the use of (A) in the case of the first report required and Governmental Affairs of the Senate; units and personnel of the National Guard of under paragraph (1), the 90-day period begin- (C) the Committee on the Judiciary of the a State authorized pursuant to this section ning on the date of the enactment of this Senate; does not degrade the training and readiness Act; and (D) the Committee on Foreign Relations of of such units and personnel, in determining (B) in the case of any subsequent report the Senate; the homeland defense activities that such submitted under paragraph (1), the calendar (E) the Committee on Appropriations of units and personnel may perform, the fol- year for which the report is submitted. the House of Representatives; lowing requirements shall apply: SEC. 1117. MERIDA INITIATIVE. (F) the Committee on Homeland Security (1) The performance of such activities shall (a) SENSE OF CONGRESS.—It is the sense of of the House of Representatives; not affect adversely the quality of such Congress that assistance to Mexico, includ- (G) the Committee on the Judiciary of the training or readiness or otherwise interfere ing assistance from the Department of State House of Representatives; and with the ability of a unit or personnel of the and the Department of Defense and any aid (H) the Committee on Foreign Affairs of National Guard of a State to perform the related to the Merida Initiative— the House of Representatives. military functions of such member or unit. (1) should be focused on providing en- (d) NOTIFICATIONS.—Any assistance made (2) The performance of such activities shall hanced border security at Mexico’s northern available by the Secretary of State under not degrade the military skills of the units and southern borders, judicial reform, and this section shall be subject to— or personnel of the National Guard of a State support for Mexico’s anti-drug efforts; and (1) the notification procedures set forth in performing such activities. (2) should return to its original focus and section 634A of the Foreign Assistance Act of (e) REIMBURSEMENT NOTIFICATION.—Prior prioritize security, training, and acquisition 1961 (22 U.S.C. 2394–1); and to providing any support in accordance with of equipment for Mexican security forces in- (2) the notification requirements of— subsection (a), the Secretary of Defense shall volved in border security and anti-drug ef- (A) the Committee on Homeland Security notify the Secretary whether such support forts as well as be used to train prosecutors and Governmental Affairs of the Senate; qualifies for a reimbursement waiver under in ongoing justice reform efforts. (B) the Committee on the Judiciary of the chapter 15 of title 10, United States Code. (b) ASSISTANCE FOR MEXICO.—The Sec- Senate; (f) REPORTS.— retary of State, in coordination with the (C) the Committee on Foreign Relations of (1) IN GENERAL.—Not later than 180 days Secretary and the Secretary of Defense, shall the Senate; after the date of the enactment of this Act, provide level and consistent assistance to (D) the Committee on Homeland Security and biannually thereafter through December Mexico— of the House of Representatives; 31, 2021, the Secretary of Defense shall sub- (1) to combat drug production and traf- (E) the Committee on the Judiciary of the mit a report to the congressional defense ficking and related violence, transnational House of Representatives; and committees (as defined in section 101(a)(16) organized criminal organizations, and cor- (F) the Committee on Foreign Affairs of of title 10, United States Code) that describes ruption; the House of Representatives. any support provided pursuant to subsection (2) to build a secure, modern border secu- (e) SPENDING PLAN.—Not later than 60 days (a) during the 6-month period preceding each rity system capable of preventing illegal mi- after the date of the enactment of this Act, such report. gration; the Secretary of State shall submit, to the (2) ELEMENTS.—Each report under para- (3) to support border security and coopera- congressional committees specified in sub- graph (1) shall include a description of— tion with United States military, intel- section (c)(3), a detailed spending plan for as- (A) the support provided; and ligence, and law enforcement agencies on sistance to Mexico under this section, which (B) the sources and amounts of funds obli- border incursions; shall include a strategy, developed after con- gated and expended to provide such support (4) to support judicial reform, institution sulting with relevant authorities of the Gov- SEC. 1116. OPERATION PHALANX. building, and rule of law activities to build ernment of Mexico, for— (a) IN GENERAL.—The Secretary of Defense, judicial capacity, address corruption and im- (1) combating drug trafficking and related with the concurrence of the Secretary, shall punity, and support human rights; and violence and organized crime; and

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.018 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S987 (2) anti-corruption and rule of law activi- (M) The Antiquities Act (16 U.S.C. 431 et provide authority, on or access to, State ties, which shall include concrete goals, ac- seq.). lands or private lands. tions to be taken, budget proposals, and a de- (N) Chapter 3203 of title 54, United States (f) TRIBAL SOVEREIGNTY.—Nothing in this scription of anticipated results. Code (formerly known as the ‘‘Historic Sites, section may be construed to supersede, re- SEC. 1118. PROHIBITIONS ON ACTIONS THAT IM- Buildings, and Antiquities Act’’). place, negate, or diminish treaties or other PEDE BORDER SECURITY ON CER- (O) The Wild and Scenic Rivers Act (16 agreements between the United States and TAIN FEDERAL LAND. U.S.C. 1271 et seq.). Indian tribes. (a) PROHIBITION ON INTERFERENCE WITH (P) The Farmland Protection Policy Act (7 (g) MEMORANDA OF UNDERSTANDING.—The U.S. CUSTOMS AND BORDER PROTECTION.— U.S.C. 4201 et seq.). requirements under this section shall not (1) IN GENERAL.—The Secretary concerned (Q) The Coastal Zone Management Act of apply to the extent that such requirements shall not impede, prohibit, or restrict activi- 1972 (16 U.S.C. 1451 et seq.). are incompatible with any memorandum of ties of U.S. Customs and Border Protection (R) The Wilderness Act (16 U.S.C. 1131 et understanding or similar agreement entered on covered Federal land to carry out the ac- seq.). into between the Commissioner of U.S. Cus- tivities described in subsection (b). (S) The Federal Land Policy and Manage- toms and Border Protection and a National (2) APPLICABILITY.—The authority of U.S. ment Act of 1976 (43 U.S.C. 1701 et seq.). Park Unit before, on, or after the date of the Customs and Border Protection to conduct (T) The National Wildlife Refuge System enactment of this Act. activities described in subsection (b) on cov- Administration Act of 1966 (16 U.S.C. 668dd et (h) DEFINITIONS.—In this section: ered Federal land applies without regard to seq.). (1) COVERED FEDERAL LAND.—The term whether a state of emergency exists. (U) The Fish and Wildlife Act of 1956 (16 ‘‘covered Federal land’’ includes all land (b) AUTHORIZED ACTIVITIES OF U.S. CUS- U.S.C. 742a et seq.). under the control of the Secretary concerned TOMS AND BORDER PROTECTION.— (V) The Fish and Wildlife Coordination Act that is located within 100 miles of the south- (1) IN GENERAL.—U.S. Customs and Border (16 U.S.C. 661 et seq.). ern border or the northern border. Protection shall have immediate access to (W) Subchapter II of chapter 5, and chapter (2) SECRETARY CONCERNED.—The term ‘‘Sec- covered Federal land to conduct the activi- 7, of title 5, United States Code (commonly retary concerned’’ means— ties described in paragraph (2) on such land known as the ‘‘Administrative Procedure (A) with respect to land under the jurisdic- to prevent all unlawful entries into the Act’’). tion of the Department of Agriculture, the United States, including entries by terror- (X) The Otay Mountain Wilderness Act of Secretary of Agriculture; and ists, unlawful aliens, instruments of ter- 1999 (Public Law 106–145). (B) with respect to land under the jurisdic- rorism, narcotics, and other contraband (Y) Sections 102(29) and 103 of the Cali- tion of the Department of the Interior, the through the southern border or the northern fornia Desert Protection Act of 1994 (Public Secretary of the Interior. border. Law 103–433). SEC. 1119. LANDOWNER AND RANCHER SECURITY (2) ACTIVITIES DESCRIBED.—The activities (Z) Division A of subtitle I of title 54, ENHANCEMENT. described in this paragraph are— United States Code (formerly known as the (a) ESTABLISHMENT OF NATIONAL BORDER (A) the execution of search and rescue op- ‘‘National Park Service Organic Act’’. SECURITY ADVISORY COMMITTEE.—The Sec- erations; (AA) The National Park Service General retary shall establish a National Border Se- (B) the use of motorized vehicles, foot pa- Authorities Act (Public Law 91–383, 16 U.S.C. curity Advisory Committee, which— trols, and horseback to patrol the border 1a–1 et seq.). (1) may advise, consult with, report to, and area, apprehend illegal entrants, and rescue (BB) Sections 401(7), 403, and 404 of the Na- make recommendations to the Secretary on individuals; and tional Parks and Recreation Act of 1978 matters relating to border security matters, (C) the design, testing, construction, in- (Public Law 95–625). including— stallation, deployment, and operation of (CC) Sections 301(a) through (f) of the Ari- (A) verifying security claims and the bor- physical barriers, tactical infrastructure, zona Desert Wilderness Act (Public Law 101– der security metrics established by the De- and technology pursuant to section 102 of the 628). partment of Homeland Security under sec- Illegal Immigration Reform and Immigrant (DD) The Rivers and Harbors Act of 1899 (33 tion 1092 of the National Defense Authoriza- Responsibility Act of 1996, as amended by U.S.C. 403). tion Act for Fiscal Year 2017 (Public Law section 1111 of this title. (EE) The Eagle Protection Act (16 U.S.C. 114–328; 6 U.S.C. 223); and (c) CLARIFICATION RELATING TO WAIVER AU- 668 et seq.). (B) discussing ways to improve the secu- THORITY.— (FF) The Native American Graves Protec- rity of high traffic areas along the northern (1) IN GENERAL.—The activities of U.S. Cus- tion and Repatriation Act (25 U.S.C. 3001 et border and the southern border; and toms and Border Protection described in sub- seq.). (2) may provide, through the Secretary, section (b)(2) may be carried out without re- (GG) The American Indian Religious Free- recommendations to Congress. gard to the provisions of law specified in dom Act (42 U.S.C. 1996). (b) CONSIDERATION OF VIEWS.—The Sec- paragraph (2). (HH) The Religious Freedom Restoration retary shall consider the information, ad- (2) PROVISIONS OF LAW SPECIFIED.—The pro- Act (42 U.S.C. 2000bb). vice, and recommendations of the National visions of law specified in this paragraph are (II) The National Forest Management Act Border Security Advisory Committee in for- all Federal, State, or other laws, regulations, of 1976 (16 U.S.C. 1600 et seq.). mulating policy regarding matters affecting and legal requirements of, deriving from, or (JJ) The Multiple Use and Sustained Yield border security. related to the subject of, the following laws: Act of 1960 (16 U.S.C. 528 et seq.). (c) MEMBERSHIP.—The National Border Se- (A) The National Environmental Policy (3) APPLICABILITY OF WAIVER TO SUCCESSOR curity Advisory Committee shall consist of Act of 1969 (42 U.S.C. 4321 et seq.). LAWS.—If a provision of law specified in para- at least 1 member from each State who— (B) The Endangered Species Act of 1973 (16 graph (2) was repealed and incorporated into (1) has at least 5 years practical experience U.S.C. 1531 et seq.). title 54, United States Code, after April 1, in border security operations; or (C) The Federal Water Pollution Control 2008, and before the date of the enactment of (2) lives and works in the United States Act (33 U.S.C. 1251 et seq.) (commonly re- this Act, the waiver described in paragraph within 80 miles of the southern border or ferred to as the ‘‘Clean Water Act’’). (1) shall apply to the provision of such title within 80 miles of the northern border. (D) Division A of subtitle III of title 54, that corresponds to the provision of law (d) NONAPPLICABILITY OF FEDERAL ADVI- United States Code (54 U.S.C. 300301 et seq.) specified in paragraph (2) to the same extent SORY COMMITTEE ACT.—The Federal Advisory (formerly known as the ‘‘National Historic the waiver applied to that provision of law. Committee Act (5 U.S.C. App.) shall not Preservation Act’’). (4) SAVINGS CLAUSE.—The waiver authority apply to the National Border Security Advi- (E) The Migratory Bird Treaty Act (16 under this subsection may not be construed sory Committee. U.S.C. 703 et seq.). as affecting, negating, or diminishing in any SEC. 1120. LIMITATION ON LAND OWNER’S LI- (F) The Clean Air Act (42 U.S.C. 7401 et manner the applicability of section 552 of ABILITY. seq.). title 5, United States Code (commonly re- Section 287 of the Immigration and Nation- (G) The Archaeological Resources Protec- ferred to as the ‘‘Freedom of Information ality Act (8 U.S.C. 1357) is amended by add- tion Act of 1979 (16 U.S.C. 470aa et seq.). Act’’), in any relevant matter. ing at the end the following: (H) The Safe Drinking Water Act (42 U.S.C. (d) PROTECTION OF LEGAL USES.—Nothing ‘‘(i) INDEMNITY FOR ACTIONS OF LAW EN- 300f et seq.). in this section may be construed to provide— FORCEMENT OFFICERS.— (I) The Noise Control Act of 1972 (42 U.S.C. (1) authority to restrict legal uses, such as ‘‘(1) DEFINITIONS.—In this subsection— 4901 et seq.). grazing, hunting, mining, or recreation or ‘‘(A) the term ‘land’ includes roads, water, (J) The Solid Waste Disposal Act (42 U.S.C. the use of backcountry airstrips, on land watercourses, and private ways, and build- 6901 et seq.). under the jurisdiction of the Secretary of the ings, structures, machinery, and equipment (K) The Comprehensive Environmental Re- Interior or the Secretary of Agriculture; or that is attached to real property; and sponse, Compensation, and Liability Act of (2) any additional authority to restrict ‘‘(B) the term ‘owner’ includes the pos- 1980 (42 U.S.C. 9601 et seq.). legal access to such land. sessor of a fee interest, a tenant, a lessee, an (L) Chapter 3125 of title 54, United States (e) EFFECT ON STATE AND PRIVATE LAND.— occupant, the possessor of any other interest Code (formerly known as the ‘‘Archeological This section shall have no force or effect on in land, and any person having a right to and Historic Preservation Act’’). State lands or private lands and shall not grant permission to use the land.

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‘‘(2) REIMBURSEMENT AUTHORIZED.—Not- injure, cause damage to, or cause disease in tion of an Indian tribe, other than on land withstanding any other provision of law, and human livestock, a plant, or a plant part: and property owned or controlled by the subject to the availability of appropriations, (A) A protozoan. United States; and any owner of land located in the United (B) A plant or plant part. (B) using other facilities and means, as de- States within 150 miles of the southern bor- (C) An animal. termined by the Secretary of Agriculture. der of the United States may seek reim- (D) A bacterium. (d) FUNDING.—For fiscal year 2018, and for bursement from the Department and the (E) A fungus. each subsequent fiscal year, the Secretary of Secretary shall pay for any adverse final tort (F) A virus or viroid. Agriculture shall use such amounts from the judgment for negligence (excluding attor- (G) An infectious agent or other pathogen. Commodity Credit Cooperation as may be neys’ fees and costs) authorized under Fed- (H) An arthropod. necessary to carry out operations and meas- eral or State tort law, arising directly from (I) A parasite or parasitic plant. ures to prevent, detect, control, or eradicate any border patrol action, such as apprehen- (J) A prion. the spread of any pest or disease of livestock sions, tracking, and detention of aliens, that (K) A vector. or plant that threatens any segment of agri- is conducted on privately-owned land if— (L) Any organism similar to or allied with culture. ‘‘(A) such land owner has been found neg- any of the organisms described in this para- (e) REIMBURSEMENT.—The Secretary of Ag- ligent by a Federal or State court in any graph. riculture shall reimburse any Federal agen- tort litigation; (7) PLANT.—The term ‘‘plant’’ means any cy, State, State agency, political subdivision ‘‘(B) such land owner has not already been plant (including any plant part) capable of of a State, national or local government of a reimbursed for the final tort judgment, in- propagation, including a tree, a tissue cul- foreign country, domestic or international cluding outstanding attorneys’ fees and ture, a plantlet culture, pollen, a shrub, a organization or association, domestic non- costs; vine, a cutting, a graft, a scion, a bud, a profit corporation, Indian tribe, or other per- ‘‘(C) such land owner did not have or does bulb, a root, and a seed. son for specified costs, as prescribed by the not have sufficient property insurance to (8) STATE.—The term ‘‘State’’ means any of Secretary of Agriculture, in the discretion of cover the judgment and has had an insurance the several States, the District of Columbia, the Secretary of Agriculture, that result claim for such coverage denied; and the Commonwealth of Puerto Rico, Guam, from cooperation with the Secretary of Agri- ‘‘(D) such tort action was brought against the Commonwealth of the Northern Mariana culture in carrying out operations and meas- such land owner as a direct result of activity Islands, the Virgin Islands of the United ures under this section. of law enforcement officers of the Depart- States, and any territory or possession of the SEC. 1123. TRANSNATIONAL CRIMINAL ORGANI- ment of Homeland Security, acting in their United States. ZATION ILLICIT SPOTTER PREVEN- official capacity, on the owner’s land. (b) DETECTION, CONTROL, AND ERADICATION TION AND DETECTION. ‘‘(3) EXCEPTIONS.—Nothing in this sub- OF THE SPREAD OF DISEASES AND PESTS.— (a) BRINGING IN AND HARBORING CERTAIN section may be construed to require the Sec- (1) IN GENERAL.—The Secretary of Agri- ALIENS.—Section 274(a) of the Immigration retary to reimburse a land owner under para- culture may carry out operations and meas- and Nationality Act (8 U.S.C. 1324(a)) is graph (2) for any adverse final tort judgment ures to prevent, detect, control, or eradicate amended— for negligence or to limit land owner liabil- the spread of any pest or disease of livestock (1) in subsection (a)(2), in the matter pre- ity which would otherwise exist for— or plant that threatens any segment of agri- ceding subparagraph (A), by striking ‘‘brings ‘‘(A) willful or malicious failure to guard culture. to or attempts to’’ and inserting ‘‘brings to or warn against a known dangerous condi- (2) COMPENSATION.— or attempts or conspires to’’; and tion, use, structure, or activity likely to (A) IN GENERAL.—The Secretary of Agri- (2) by adding at the end the following: cause harm; culture may pay a claim arising out of— ‘‘(5) The sentence otherwise provided for a ‘‘(B) maintaining an attractive nuisance; (i) the destruction of any animal, plant, person who has brought aliens into the ‘‘(C) gross negligence; or plant part, article, or means of conveyance United States in violation of this subsection ‘‘(D) direct interference with, or hindrance consistent with the purposes of this section; may be increased by up to 10 years if that of, any agent or officer of the Federal Gov- and person— ernment who is authorized to enforce the im- (ii) implementing measures to prevent, de- ‘‘(A) at the time of the offense, used or car- migration laws during— tect, control, or eradicate the spread of any ried a firearm; or ‘‘(i) a patrol of such landowner’s land; or pest disease of livestock or plant that ‘‘(B) in furtherance of any such crime, pos- ‘‘(ii) any action taken to apprehend or de- threatens any segment of agriculture. sessed a firearm.’’. tain any alien attempting to enter the (B) SPECIFIC COOPERATIVE PROGRAMS.—The (b) AIDING OR ASSISTING CERTAIN ALIENS TO United States illegally or to evade execution Secretary of Agriculture shall compensate ENTER THE UNITED STATES.—Section 277 of of an arrest warrant for a violation of any industry participants and State agencies the Immigration and Nationality Act (8 immigration law. that cooperate with the Secretary of Agri- U.S.C. 1327) is amended— ‘‘(4) SAVINGS PROVISION.—Nothing in this culture in carrying out operations and meas- (1) by inserting ‘‘or attempts to aid or as- subsection may be construed to affect any ures under this subsection for up to 100 per- sist’’ after ‘‘knowingly aids or assists’’; and right or remedy available pursuant to chap- cent of eligible costs relating to— (2) by adding at the end the following: ter 171 of title 28, United States Code (com- (i) cooperative programs involving Federal, ‘‘The sentence otherwise provided for a per- monly known as the ‘Federal Tort Claims State, or industry participants to control son convicted of an offense under this sec- Act’).’’. diseases of low or high pathogenicity and tion may be increased by up to 10 years if SEC. 1121. ERADICATION OF CARRIZO CANE AND pests in accordance with regulations issued that person, at the time of the offense, used SALT CEDAR. by the Secretary of Agriculture; and or carried a firearm or who, in furtherance of Not later than September 30, 2022, the Sec- (ii) the construction and operation of re- any such crime, possessed a firearm.’’. retary, after coordinating with the heads of search laboratories, quarantine stations, and (c) DESTRUCTION OF UNITED STATES BORDER the relevant Federal, State, and local agen- other buildings and facilities for special pur- CONTROLS.—Section 1361 of title 18, United cies, shall begin eradicating the carrizo cane poses. States Code, is amended— plant and any salt cedar along the Rio (C) REVIEWABILITY.—The action of any offi- (1) by striking ‘‘If the damage’’ and insert- Grande River. cer, employee, or agent of the Secretary of ing the following: SEC. 1122. PREVENTION, DETECTION, CONTROL, Agriculture under paragraph (1) shall not be ‘‘(1) Except as otherwise provided in this AND ERADICATION OF DISEASES subject to review by any officer or employee section, if the damage’’; and AND PESTS. of the Federal Government other than the (2) by striking the semicolon and inserting (a) DEFINITIONS.—In this section: Secretary of Agriculture or a designee of the a period; (1) ANIMAL.—The term ‘‘animal’’ means Secretary of Agriculture. (3) by striking ‘‘if the damage’’ after any member of the animal kingdom (except (c) COOPERATION.— ‘‘both.’’ and inserting the following: a human). (1) IN GENERAL.—In carrying out this sec- ‘‘(2) Except as otherwise provided in this (2) ARTICLE.—The term ‘‘article’’ means tion, the Secretary of Agriculture may co- section, if the damage’’; and any pest or disease or any material or tan- operate with other Federal agencies, States, (4) by adding at the end the following: gible object that could harbor a pest or dis- State agencies, political subdivisions of ‘‘(3) If the injury or depredation was made ease. States, national and local governments of or attempted against any fence, barrier, sen- (3) DISEASE.—The term ‘‘disease’’ has the foreign countries, domestic and inter- sor, camera, or other physical or electronic meaning given such term by the Secretary of national organizations and associations, do- device deployed by the Federal Government Agriculture. mestic nonprofit corporations, Indian tribes, to control the border or a port of entry or (4) LIVESTOCK.—The term ‘‘livestock’’ and other persons. otherwise was intended to construct, exca- means all farm-raised animals. (2) RESPONSIBILITY.—The person or other vate, or make any structure intended to de- (5) MEANS OF CONVEYANCE.—The term entity cooperating with the Secretary of Ag- feat, circumvent, or evade any such fence, ‘‘means of conveyance’’ means any personal riculture shall be responsible for the author- barrier, sensor camera, or other physical or property used for, or intended for use for, the ity necessary to carry out operations or electronic device deployed by the Federal movement of any other personal property. measures— Government to control the border or a port (6) PEST.—The term ‘‘pest’’ means any of (A) on all land and property within a for- of entry, by a fine under this title, imprison- the following that can directly or indirectly eign country or State, or under the jurisdic- ment for not more than 15 years, or both.

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‘‘(4) If the injury or depredation was de- ‘‘(C) the term ‘crime of violence’ means a (4) CLASSIFIED FORM.—To the extent pos- scribed under paragraph (2) and, in the com- felony offense that— sible, the Secretary shall submit the south- mission of the offense, the offender used or ‘‘(i) has as an element the use, attempted ern border threat analysis required under carried a firearm or, in furtherance of any use, or threatened use of physical force this subsection in unclassified form, but may such offense, possessed a firearm, by a fine against the person or property of another; or submit a portion of the threat analysis in under this title, imprisonment for not more ‘‘(ii) by its nature, involves a substantial classified form if the Secretary determines than 20 years, or both.’’. risk that physical force against the person or such action is appropriate. (d) UNLAWFULLY HINDERING IMMIGRATION, property of another may be used in the (b) U.S. BORDER PATROL STRATEGIC PLAN.— ORDER AND USTOMS ONTROLS B , C C .— course of committing the offense; and (1) IN GENERAL.—Not later than the later of (1) ENHANCED PENALTIES.—Chapter 9 of ‘‘(D) the term ‘drug trafficking crime’ 180 days after the submission of the threat title II of the Immigration and Nationality means any felony punishable under the Con- analysis under subsection (a) or June 30, 2018, Act (8 U.S.C. 1351 et seq.) is amended by add- trolled Substances Act (21 U.S.C. 801 et seq.), and every 5 years thereafter, the Secretary, ing at the end the following: the Controlled Substances Import and Ex- acting through the Chief of the U.S. Border ‘‘SEC. 295. UNLAWFULLY HINDERING IMMIGRA- port Act (21 U.S.C. 951 et seq.), or chapter 705 Patrol, shall issue a Border Patrol Strategic TION, BORDER, AND CUSTOMS CON- of title 46.’’. Plan. TROLS. (f) STATUTE OF LIMITATIONS.—Section 3298 (2) CONTENTS.—The Border Patrol Stra- ‘‘(a) ILLICIT SPOTTING.—Any person who of title 18, United States Code, is amended by tegic Plan required under this subsection knowingly transmits, by any means, to an- inserting ‘‘, or 295’’ after ‘‘274(a)’’. other person the location, movement, or ac- shall include a consideration of— tivities of any Federal, State, local, or tribal SEC. 1124. SOUTHERN BORDER THREAT ANAL- (A) the southern border threat analysis re- YSIS. law enforcement agency or officer with the quired under subsection (a), with an empha- intent to further a Federal crime relating to (a) THREAT ANALYSIS.— sis on efforts to mitigate threats identified United States immigration, customs, con- (1) REQUIREMENT.—Not later than 180 days in such threat analysis; trolled substances, agriculture, monetary in- after the date of the enactment of this Act, (B) efforts to analyze and disseminate bor- struments, or other border controls shall be the Secretary shall submit to the Committee der security and border threat information fined under title 18, imprisoned not more on Homeland Security and Governmental Af- between border security components of the than 10 years, or both. fairs of the Senate and the Committee on Department of Homeland Security and other ‘‘(b) DESTRUCTION OF UNITED STATES BOR- Homeland Security of the House of Rep- appropriate Federal departments and agen- DER CONTROLS.—Any person who knowingly resentatives a southern border threat anal- cies with missions associated with the south- and without lawful authorization destroys, ysis. ern border; alters, or damages any fence, barrier, sensor, (2) CONTENTS.—The analysis submitted (C) efforts to increase situational aware- camera, or other physical or electronic de- under paragraph (1) shall include an assess- ness, including— vice deployed by the Federal Government to ment of— (i) surveillance capabilities, including ca- control the border or a port of entry or oth- (A) current and potential terrorism and pabilities developed or utilized by the De- erwise seeks to construct, excavate, or make criminal threats posed by individuals and or- partment of Defense, and any appropriate any structure intended to defeat, cir- ganized groups seeking— technology determined to be excess by the cumvent, or evade any such fence, barrier, (i) to unlawfully enter the United States Department of Defense; and sensor camera, or other physical or elec- through the southern border; or (ii) the use of manned aircraft and un- tronic device deployed by the Federal Gov- (ii) to exploit security vulnerabilities manned aerial systems, including camera ernment to control the border or a port of along the southern border; and sensor technology deployed on such as- entry— (B) improvements needed at and between sets; ‘‘(1) shall be fined under title 18, impris- ports of entry along the southern border to (D) efforts to detect and prevent terrorists oned not more than 10 years, or both; and prevent terrorists and instruments of terror and instruments of terrorism from entering ‘‘(2) if, at the time of the offense, the per- from entering the United States; the United States; son uses or carries a firearm or who, in fur- (C) gaps in law, policy, and coordination (E) efforts to detect, interdict, and disrupt therance of any such crime, possesses a fire- between State, local, or tribal law enforce- aliens and illicit drugs at the earliest pos- arm, shall be fined under title 18, imprisoned ment, international agreements, or tribal sible point; not more than 20 years, or both. agreements that hinder effective and effi- (F) efforts to focus intelligence collection ‘‘(c) CONSPIRACY AND ATTEMPT.—Any per- cient border security, counterterrorism, and to disrupt transnational criminal organiza- son who attempts or conspires to violate anti-human smuggling and trafficking ef- tions outside of the international and mari- subsection (a) or (b) shall be punished in the forts; time borders of the United States; same manner as a person who completes a (D) the current percentage of situational (G) efforts to ensure that any new border violation of such subsection.’’. awareness achieved by the Department of security technology can be operationally in- (2) CLERICAL AMENDMENT.—The table of Homeland Security along the southern bor- tegrated with existing technologies in use by contents in the first section of the Immigra- der; the Department of Homeland Security; tion and Nationality Act is amended by in- (E) the current percentage of operational (H) any technology required to maintain, serting after the item relating to section 294 control achieved by the Department of support, and enhance security and facilitate the following: Homeland Security along the southern bor- trade at ports of entry, including nonintru- ‘‘Sec. 295. Unlawfully hindering immigra- der; and sive detection equipment, radiation detec- tion, border, and customs con- (F) traveler crossing times and any poten- tion equipment, biometric technology, sur- trols.’’. tial security vulnerability associated with veillance systems, and other sensors and (e) CARRYING OR USING A FIREARM DURING prolonged wait times. technology that the Secretary determines to AND IN RELATION TO AN ALIEN SMUGGLING (3) ANALYSIS REQUIREMENTS.—In compiling be necessary; CRIME.—Section 924(c) of title 18, United the southern border threat analysis under (I) operational coordination unity of effort States Code, is amended— this subsection, the Secretary shall consider initiatives of the border security components (1) in paragraph (1)— and examine— of the Department of Homeland Security, in- (A) in subparagraph (A), by inserting ‘‘, (A) the technology needs and challenges, cluding any relevant task forces of the De- alien smuggling crime,’’ after ‘‘crime of vio- including such needs and challenges identi- partment of Homeland Security; lence’’ each place that term appears; and fied as a result of previous investments that (J) lessons learned from Operation (B) in subparagraph (D)(ii), by inserting ‘‘, have not fully realized the security and oper- Jumpstart and Operation Phalanx; alien smuggling crime,’’ after ‘‘crime of vio- ational benefits that were sought; (K) cooperative agreements and informa- lence’’; (B) the personnel needs and challenges, in- tion sharing with State, local, tribal, terri- (2) by striking paragraphs (2) through (4); cluding such needs and challenges associated torial, and other Federal law enforcement (3) by redesignating paragraph (5) as para- with recruitment and hiring; agencies that have jurisdiction on the north- graph (2); and (C) the infrastructure needs and chal- ern border or the southern border; (4) by adding at the end the following: lenges; (L) border security information received ‘‘(3) For purposes of this subsection— (D) the roles and authorities of State, from consultation with State, local, tribal, ‘‘(A) the term ‘alien smuggling crime’ local, and tribal law enforcement in general territorial, and Federal law enforcement means any felony punishable under section border security activities; agencies that have jurisdiction on the north- 274(a), 277, or 278 of the Immigration and Na- (E) the status of coordination among Fed- ern border or the southern border, or in the tionality Act (8 U.S.C. 1324(a), 1327, and 1328); eral, State, local, tribal, and Mexican law maritime environment, and from border ‘‘(B) the term ‘brandish’ means, with re- enforcement entities relating to border secu- community stakeholders (including through spect to a firearm, to display all or part of rity; public meetings with such stakeholders), in- the firearm, or otherwise make the presence (F) the terrain, population density, and cli- cluding representatives from border agricul- of the firearm known to another person, in mate along the southern border; and tural and ranching organizations and rep- order to intimidate that person, regardless of (G) the international agreements between resentatives from business and civic organi- whether the firearm is directly visible to the United States and Mexico related to bor- zations along the northern border or the that person; der security. southern border;

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.018 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S990 CONGRESSIONAL RECORD — SENATE February 14, 2018 (M) staffing requirements for all depart- 231 et seq.) is amended by adding at the end Security Task Force established under sec- mental border security functions; the following: tion 432. (N) a prioritized list of departmental re- ‘‘SEC. 434. INTEGRATED BORDER ENFORCEMENT ‘‘(d) OPERATION.— search and development objectives to en- TEAMS. ‘‘(1) IN GENERAL.—After determining the hance the security of the southern border; ‘‘(a) ESTABLISHMENT.—The Secretary shall regions in which to establish IBETs, the Sec- (O) an assessment of training programs, in- establish within the Department a program, retary may— cluding training programs for— which shall be known as the Integrated Bor- ‘‘(A) direct the assignment of Federal per- (i) identifying and detecting fraudulent der Enforcement Team program (referred to sonnel to such IBETs; and documents; in this section as the ‘IBET Program’). ‘‘(B) take other actions to assist Federal, (ii) understanding the scope of enforce- ‘‘(b) PURPOSE.—The Secretary shall admin- State, local, and tribal entities to partici- ment authorities and the use of force poli- ister the IBET Program in a manner that re- pate in such IBETs, including providing fi- cies; and sults in a cooperative approach between the nancial assistance, as appropriate, for oper- (iii) screening, identifying, and addressing United States and Canada to— ational, administrative, and technological vulnerable populations, such as children and ‘‘(1) strengthen security between des- costs associated with such participation. victims of human trafficking; and ignated ports of entry; ‘‘(2) LIMITATION.—Coast Guard personnel (P) an assessment of how border security ‘‘(2) detect, prevent, investigate, and re- assigned under paragraph (1) may be as- operations affect border crossing times. spond to terrorism and violations of law re- signed only for the purposes of securing the SEC. 1125. AMENDMENTS TO U.S. CUSTOMS AND lated to border security; maritime borders of the United States, in ac- BORDER PROTECTION. ‘‘(3) facilitate collaboration among compo- cordance with subsection (c)(1)(C). (a) DUTIES.—Section 411(c) of the Home- nents and offices within the Department and ‘‘(e) COORDINATION.—The Secretary shall coordinate the IBET Program with other land Security Act of 2002 (6 U.S.C. 211(c)) is international partners; similar border security and antiterrorism amended— ‘‘(4) execute coordinated activities in fur- programs within the Department in accord- (1) in paragraph (18), by striking ‘‘and’’ at therance of border security and homeland se- ance with the strategic objectives of the the end; curity; and Cross-Border Law Enforcement Advisory (2) by redesignating paragraph (19) as para- ‘‘(5) enhance information-sharing, includ- Committee. graph (21); and ing the dissemination of homeland security ‘‘(f) MEMORANDA OF UNDERSTANDING.—The (3) by inserting after paragraph (18) the fol- information among such components and of- Secretary may enter into memoranda of un- lowing: fices. derstanding with appropriate representatives ‘‘(19) administer the U.S. Customs and Bor- ‘‘(c) COMPOSITION AND LOCATION OF of the entities specified in subsection (c)(1) der Protection public private partnerships IBETS.— necessary to carry out the IBET Program. under subtitle G; ‘‘(1) COMPOSITION.—IBETs shall be led by Such memoranda with entities specified in ‘‘(20) administer preclearance operations the U.S. Border Patrol and may be comprised subsection (c)(1)(G) shall be entered into under the Preclearance Authorization Act of of personnel from— with the concurrence of the Secretary of 2015 (19 U.S.C. 4431 et seq.); enacted as sub- ‘‘(A) other subcomponents of U.S. Customs State. title B of title VIII of the Trade Facilitation and Border Protection; ‘‘(g) REPORT.—Not later than 180 days after and Trade Enforcement Act of 2015; 19 U.S.C. ‘‘(B) U.S. Immigration and Customs En- the date on which an IBET is established, 4301 et. seq.); and’’. forcement, led by Homeland Security Inves- and biannually thereafter for the following 6 (b) OFFICE OF FIELD OPERATIONS STAFF- tigations; years, the Secretary shall submit a report to ING.—Section 411(g)(5)(A) of the Homeland ‘‘(C) the Coast Guard, for the purpose of se- the appropriate congressional committees, Security Act of 2002 (6 U.S.C. 211(g)(5)(A)) is curing the maritime borders of the United including the Committee on Homeland Secu- amended by inserting before the period at States; rity and Governmental Affairs of the Senate the end the following: ‘‘compared to the ‘‘(D) other Department personnel, as ap- and the Committee on Homeland Security of number indicated by the current fiscal year propriate; the House of Representatives, and in the case work flow staffing model’’. ‘‘(E) other Federal departments and agen- of Coast Guard personnel used to secure the (c) IMPLEMENTATION PLAN.—Subparagraph cies, as appropriate; maritime borders of the United States, to (B) of section 814(e)(1) of the Preclearance ‘‘(F) appropriate State law enforcement the Committee on Transportation and Infra- Authorization Act of 2015 (19 U.S.C. agencies; structure of the House of Representatives, 4433(e)(1)), as enacted in subtitle B of title ‘‘(G) foreign law enforcement partners; that— VIII of the Trade Facilitation and Trade En- ‘‘(H) local law enforcement agencies from ‘‘(1) describes the effectiveness of IBETs in forcement Act of 2015 (19 U.S.C. 4301 et seq.) affected border cities and communities; and fulfilling the purposes specified in subsection is amended to read as follows: ‘‘(I) appropriate tribal law enforcement (b); ‘‘(B) a port of entry vacancy rate which agencies. ‘‘(2) assesses the impact of certain chal- compares the number of officers identified in ‘‘(2) LOCATION.—The Secretary is author- lenges on the sustainment of cross-border subparagraph (A) with the number of officers ized to establish IBETs in regions in which IBET operations, including challenges faced at the port at which such officer is currently such teams can contribute to IBET missions, by international partners; assigned.’’. as appropriate. When establishing an IBET, ‘‘(3) addresses ways to support joint train- (d) DEFINITIONS.—Section 411(r) of the the Secretary shall consider— ing for IBET stakeholder agencies and radio Homeland Security Act of 2002 (6 U.S.C. 211) ‘‘(A) whether the region in which the IBET interoperability to allow for secure cross- is amended— would be established is significantly im- border radio communications; and (1) by striking ‘‘this section, the terms’’ pacted by cross-border threats; ‘‘(4) assesses how IBETs, Border Enforce- and inserting the following: ‘‘this section:’’ ‘‘(B) the availability of Federal, State, ment Security Task Forces, and the Inte- ‘‘(1) the terms’’; local, tribal, and foreign law enforcement re- grated Cross-Border Maritime Law Enforce- (2) in paragraph (1), as added by subpara- sources to participate in an IBET; and ment Operation Program can better align op- graph (A), by striking the period at the end ‘‘(C) whether, in accordance with para- erations, including interdiction and inves- and inserting ‘‘; and’’; and graph (3), other joint cross-border initiatives tigation activities.’’. (3) by adding at the end the following: already take place within the region in (b) CLERICAL AMENDMENT.—The table of ‘‘(2) the term ‘unmanned aerial systems’ which the IBET would be established, includ- contents in section 1(b) of the Homeland Se- has the meaning given the term ‘unmanned ing other Department cross-border programs curity Act of 2002 is amended by adding after aircraft system’ in section 331 of the FAA such as the Integrated Cross-Border Mari- the item relating to section 433 the fol- Modernization and Reform Act of 2012 (Pub- time Law Enforcement Operation Program lowing: lic Law 112–95; 49 U.S.C. 40101 note).’’. established under section 711 of the Coast ‘‘Sec. 434. Integrated Border Enforcement SEC. 1126. AGENT AND OFFICER TECHNOLOGY Guard and Maritime Transportation Act of Teams.’’. USE. 2012 (46 U.S.C. 70101 note) or the Border En- SEC. 1128. LAND USE OR ACQUISITION. In carrying out section 102 of the Illegal forcement Security Task Force established Section 103(b) of the Immigration and Na- Immigration Reform and Immigrant Respon- under section 432. tionality Act (8 U.S.C. 1103) is amended to sibility Act of 1996, as amended by section ‘‘(3) DUPLICATION OF EFFORTS.—In deter- read as follows: 1111, and in carrying out section 1112, the mining whether to establish a new IBET or ‘‘(b)(1) The Secretary may lease, contract Secretary, to the greatest extent prac- to expand an existing IBET in a given region, for, or buy any interest in land, including ticable, shall ensure that technology de- the Secretary shall ensure that the IBET temporary use rights, adjacent to or in the ployed to gain situational awareness and under consideration does not duplicate the vicinity of an international land border when operational control of the border be provided efforts of other existing interagency task the Secretary determines that such land is to front-line officers and agents of the De- forces or centers within such region, includ- essential to control and guard the bound- partment of Homeland Security. ing the Integrated Cross-Border Maritime aries and borders of the United States SEC. 1127. INTEGRATED BORDER ENFORCEMENT Law Enforcement Operation Program estab- against any violation of this Act. TEAMS. lished under section 711 of the Coast Guard ‘‘(2) The Secretary may lease, contract for, (a) IN GENERAL.—Subtitle C of title IV of and Maritime Transportation Act of 2012 (46 or buy any interest in land described in para- the Homeland Security Act of 2002 (6 U.S.C. U.S.C. 70101 note) or the Border Enforcement graph (1) if—

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.018 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S991 ‘‘(A) the lawful owner of that interest fixes bursement from the receiving foreign gov- number of horseback units, with supporting a price for leasing, contracting, or buying ernment for the provision of financial assist- officers of U.S. Customs and Border Protec- such interest; and ance under this section. tion and other required staff, by not fewer ‘‘(B) the Secretary considers the price re- ‘‘(d) RECEIPTS CREDITED AS OFFSETTING than 100 officers and 50 horses for security ferred to in subparagraph (A) to be reason- COLLECTIONS.—Notwithstanding section 3302 patrol along the Southern border. able. of title 31, United States Code, any reim- (2) HORSE UNIT SUPPORT.—The Commis- ‘‘(3) If the Secretary and the lawful owner bursement collected pursuant to subsection sioner of U.S. Customs and Border Protec- of an interest in land described in paragraph (c) shall— tion shall construct new stables, maintain (1) are unable to agree to lease, contract for, ‘‘(1) be credited as offsetting collections to and improve existing stables, and provide or buy such interest at a reasonable price for the account that finances the security as- other resources needed to maintain the such lease, contract, or purchase, the Sec- sistance under this section for which such re- health and well-being of the horses that retary may commence condemnation pro- imbursement is received; and serve in the horseback units. ceedings pursuant to the Act of August 1, ‘‘(2) shall remain available until expended (f) U.S. CUSTOMS AND BORDER PROTECTION 1888 (Chapter 728; 25 Stat. 357). for the purpose of carrying out this section. SEARCH TRAUMA AND RESCUE TEAMS.—Not ‘‘(4) The Secretary may accept, on behalf ‘‘(e) EFFECTIVE PERIOD.—The authority later than September 30, 2022, the Commis- of the United States, a of any interest in provided under this section shall remain in sioner shall increase by not fewer than 50 the land described in paragraph (1)’’. effect until September 30, 2022. number of officers engaged in search and res- SEC. 1129. TUNNEL TASK FORCES. ‘‘(f) DEVELOPMENT AND PROGRAM EXECU- cue activities along the southern border. The Secretary is authorized to establish TIVE.—The Secretary and the Secretary of (g) U.S. CUSTOMS AND BORDER PROTECTION Tunnel Task Forces for the purposes of de- State shall jointly develop and implement TUNNEL DETECTION AND TECHNOLOGY PRO- tecting and remediating tunnels that breach any financial assistance under this section. GRAM.—Not later than September 30, 2022, the international borders of the United ‘‘(g) RULE OF CONSTRUCTION.—Nothing in the Commissioner shall increase by not States. this section may be construed as affecting, fewer than 50 the number of officers assisting SEC. 1130. PILOT PROGRAM ON USE OF ELECTRO- augmenting, or diminishing the authority of task forces and activities related to deploy- MAGNETIC SPECTRUM IN SUPPORT the Secretary of State. ment and operation of border tunnel detec- OF BORDER SECURITY OPERATIONS. ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— tion technology and apprehensions of indi- (a) IN GENERAL.—The Commissioner of U.S. In addition to amounts otherwise authorized viduals using such tunnels for crossing into Customs and Border Protection, in consulta- to be appropriated for such purpose, there is the United States, drug trafficking, or tion with the Assistant Secretary of Com- authorized to be appropriated $50,000,000,000 merce for Communications and Information, human smuggling. for the 5-year period ending on September 30, (h) AGRICULTURAL SPECIALISTS.—Not later shall conduct a pilot program to test and 2022, to carry out this section.’’. evaluate the use of electromagnetic spec- than September 30, 2022, the Secretary shall (b) CLERICAL AMENDMENT.—The table of trum by U.S. Customs and Border Protection hire, train, and assign to duty, in addition to contents in section 1(b) of the Homeland Se- the officers and agents authorized under sub- in support of border security operations curity Act of 2002 is amended by inserting through— sections (a) through (g), 631 U.S. Customs after the item relating to section 434, as and Border Protection agricultural special- (1) ongoing management and monitoring of added by section 1127, the following: spectrum to identify threats such as unau- ists to ports of entry along the southern bor- thorized spectrum use, and the jamming and ‘‘Sec. 435. Security assistance.’’. der and the northern border. hacking of United States communications CHAPTER 2—PERSONNEL (i) OFFICE OF PROFESSIONAL RESPONSI- BILITY.—Not later than September 30, 2022, assets, by persons engaged in criminal enter- SEC. 1141. ADDITIONAL U.S. CUSTOMS AND BOR- prises; DER PROTECTION AGENTS AND OF- the Commissioner shall hire, train, and as- (2) automated spectrum management to FICERS. sign sufficient Office of Professional Respon- enable greater efficiency and speed for U.S. (a) BORDER PATROL AGENTS.—Not later sibility special agents to maintain an active Customs and Border Protection in addressing than September 30, 2022, the Commissioner of duty presence of not fewer than 550 full-time emerging challenges in overall spectrum use U.S. Customs and Border Protection shall equivalent special agents. on the United States border; and hire, train, and assign sufficient agents to (j) OFFICE OF INTELLIGENCE.—Not later (3) coordinated use of spectrum resources maintain an active duty presence of not than September 30, 2022, the Commissioner to better facilitate interoperability and fewer than 26,370 full-time equivalent agents. shall hire, train, and assign sufficient Office interagency cooperation and interdiction ef- (b) CBP OFFICERS.—In addition to positions of Intelligence personnel to maintain not forts at or near the United States border. authorized before the date of the enactment fewer than 700 full-time equivalent employ- (b) REPORT TO CONGRESS.—Not later than of this Act and any existing officer vacancies ees. 180 days after the conclusion of the pilot pro- within U.S. Customs and Border Protection (k) GAO REPORT.—If the staffing levels re- gram under subsection (a), the Commissioner as of such date, the Commissioner shall hire, quired under this section are not achieved by of U.S. Customs and Border Protection shall train, and assign to duty, not later than Sep- September 30, 2022, the Comptroller General submit a report to the Committee on Home- tember 30, 2022— of the United States shall conduct a review land Security of the House of Representa- (1) sufficient U.S. Customs and Border Pro- of the reasons why such levels were not tives, the Committee on Energy and Com- tection officers to maintain an active duty achieved. merce of the House of Representatives, the presence of not fewer than 27,725 full-time SEC. 1142. FAIR LABOR STANDARDS FOR BORDER Committee on Homeland Security and Gov- equivalent officers; and PATROL AGENTS. ernmental Affairs of the Senate, and the (2) 350 full-time support staff distributed (a) IN GENERAL.—Section 7 of the Fair Committee on Commerce, Science, and among all United States ports of entry. Labor Standards Act of 1938 (29 U.S.C. 207) is Transportation of the Senate that contains (c) AIR AND MARINE OPERATIONS.—Not later amended by adding at the end the following: the findings and data derived from such pilot than September 30, 2022, the Commissioner of ‘‘(s) EMPLOYMENT AS A BORDER PATROL program. U.S. Customs and Border Protection shall AGENT.—No public agency shall be deemed to SEC. 1131. FOREIGN MIGRATION ASSISTANCE. hire, train, and assign sufficient agents for have violated subsection (a) with respect to (a) IN GENERAL.—Subtitle C of title IV of Air and Marine Operations of U.S. Customs the employment of any border patrol agent the Homeland Security Act of 2002 (6 U.S.C. and Border Protection to maintain not fewer (as defined in section 5550(1) of title 5, United 231 et seq.), as amended by section 1127, is than 1,675 full-time equivalent agents and States Code) if, during a work period of 14 further amended by adding at the end the not fewer than 264 Marine and Air Interdic- consecutive days, the border patrol agent re- following: tion Agents for southern border air and mar- ceives compensation at a rate that is not less ‘‘SEC. 435. FOREIGN MIGRATION ASSISTANCE. itime operations. than 150 percent of the regular rate at which ‘‘(a) IN GENERAL.—The Secretary, with the (d) U.S. CUSTOMS AND BORDER PROTECTION the agent is employed for all hours of work concurrence of the Secretary of State, may K–9 UNITS AND HANDLERS.— from 80 hours to 100 hours. Payments re- provide, to a foreign government, financial (1) K–9 UNITS.—Not later than September quired under this section shall be in addi- assistance for foreign country operations to 30, 2022, the Commissioner shall deploy not tional to any payments made under section address migration flows that may affect the fewer than 300 new K–9 units, with sup- 5550 of title 5, United States Code, and shall United States. porting officers of U.S. Customs and Border be made notwithstanding any pay limita- ‘‘(b) DETERMINATION.—Assistance provided Protection and other required staff, at land tions set forth in that title.’’. under subsection (a) may be provided only if ports of entry and checkpoints, on the south- (b) TECHNICAL AND CONFORMING AMEND- such assistance would enhance the recipient ern border and the northern border. MENTS.—Section 13(a) of the Fair Labor government’s capacity to address irregular (2) USE OF CANINES.—The Commissioner Standards Act of 1938 (29 U.S.C. 213(a)) is migration flows that may affect the United shall prioritize the use of canines at the pri- amended— States, including any detention or removal mary inspection lanes at land ports of entry (1) in paragraph (16), by adding ‘‘or’’ at the operations of the recipient government, in- and checkpoints. end; cluding procedures to screen and provide pro- (e) U.S. CUSTOMS AND BORDER PROTECTION (2) in paragraph (17), in the undesignated tection for certain individuals. HORSEBACK UNITS.— matter following subparagraph (D), by strik- ‘‘(c) REIMBURSEMENT OF EXPENSES.—The (1) INCREASE.—Not later than September ing ‘‘; or’’ and inserting a period; and Secretary may, if appropriate, seek reim- 30, 2022, the Commissioner shall increase the (3) by striking paragraph (18).

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.018 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S992 CONGRESSIONAL RECORD — SENATE February 14, 2018 SEC. 1143. U.S. CUSTOMS AND BORDER PROTEC- ‘‘(bb) the effect of a termination described port to the Director on U.S. Customs and TION RETENTION INCENTIVES. in item (aa). Border Protection’s use of authorities pro- (a) IN GENERAL.—Chapter 97 of title 5, ‘‘(4) RETENTION BONUSES.—The Secretary vided under subsections (b) and (c). In each United States Code, is amended by adding at may pay a retention bonus of up to 50 per- report, the Secretary shall provide such in- the end the following: cent of basic pay to an individual CBP em- formation as the Director determines is ap- ‘‘SEC. 9702. U.S. CUSTOMS AND BORDER PROTEC- ployee (other than an individual described in propriate to ensure appropriate use of au- TION TEMPORARY EMPLOYMENT AU- subsection (a)(2) of section 5754) if— thorities under such subsections. Each re- THORITIES. ‘‘(A) the Secretary determines that— port shall also include an assessment of— ‘‘(a) DEFINITIONS.—For purposes of this sec- ‘‘(i) a condition consistent with the condi- ‘‘(A) the impact of the use of authorities tion— tion described in subsection (b)(1) of section under subsections (b) and (c) on implementa- ‘‘(1) the term ‘CBP employee’ means an 5754 is satisfied with respect to the CBP em- employee of U.S. Customs and Border Pro- tion of section 1141 of the Building America’s ployee (without regard to any other provi- Trust Act; tection described under any of subsections sion of that section); (a) through (h) of section 1141 of the Building ‘‘(B) solving hiring and retention chal- ‘‘(ii) in the absence of a retention bonus, lenges at the agency, including at specific lo- America’s Trust Act; the CBP employee would be likely to leave— ‘‘(2) the term ‘Commissioner’ means the cations; ‘‘(I) the Federal service; or ‘‘(C) whether hiring and retention chal- Commissioner of U.S. Customs and Border ‘‘(II) for a different position in the Federal Protection; lenges still exist at the agency or specific lo- service, including a position in another agen- cations; and ‘‘(3) the term ‘Director’ means the Director cy or component of the Department of Home- of the Office of Personnel Management; ‘‘(D) whether the Secretary needs to con- land Security; and tinue to use authorities provided under this ‘‘(4) the term ‘Secretary’ means the Sec- ‘‘(B) the individual enters into a written retary of Homeland Security; and section at the agency or at specific loca- service agreement with the Secretary— tions. ‘‘(5) the term ‘appropriate congressional ‘‘(i) under which the individual is required committees’ means— ‘‘(2) CONSIDERATION.—In compiling each re- to complete a period of employment as a port under paragraph (1), the Secretary shall ‘‘(A) the Committee on Oversight and Gov- CBP employee of not less than 2 years; and ernment Reform of the House of Representa- consider— ‘‘(ii) that includes— ‘‘(A) whether any CBP employee accepted tives; ‘‘(I) the commencement and termination ‘‘(B) the Committee on Homeland Security an employment incentive under subsection dates of the required service period (or provi- (b) and (c) and then transferred to a new lo- of the House of Representatives; sions for the determination thereof); ‘‘(C) the Committee on Ways and Means of cation or left U.S. Customs and Border Pro- ‘‘(II) the amount of the bonus; and tection; and the House of Representatives; ‘‘(III) other terms and conditions under ‘‘(D) the Committee on Homeland Security ‘‘(B) the length of time that each employee which the bonus is payable, subject to the re- identified under subparagraph (A) stayed at and Governmental Affairs of the Senate; and quirements under this subsection, includ- ‘‘(E) the Committee on Finance of the Sen- the original location before transferring to a ing— new location or leaving U.S. Customs and ate. ‘‘(aa) the conditions under which the ‘‘(b) DIRECT HIRE AUTHORITY; RECRUITMENT Border Protection. agreement may be terminated before the AND RELOCATION BONUSES; RETENTION BO- ‘‘(3) DISTRIBUTION.—In addition to the Di- agreed-upon service period has been com- NUSES.— rector, the Secretary shall submit each re- pleted; and ‘‘(1) STATEMENT OF PURPOSE AND LIMITA- port required under this subsection to the ‘‘(bb) the effect of a termination described TION.—The purpose of this subsection is to appropriate congressional committees. in item (aa). allow U.S. Customs and Border Protection to ‘‘(e) OPM ACTION.—If the Director deter- ‘‘(5) RULES FOR BONUSES.— expeditiously meet the hiring goals and mines that the Secretary has inappropri- ‘‘(A) MAXIMUM BONUS.—A bonus paid to an staffing levels required under section 1141 of ately used the authority under subsection (b) employee— the Building America’s Trust Act. The Sec- or a special rate of pay authorized under sub- ‘‘(i) under paragraph (3) may not exceed 100 retary may not use such authority beyond section (c), the Director shall submit written percent of the annual rate of basic pay of the meeting the requirements under such sec- notification to the appropriate congressional employee as of the commencement date of tion. committees. Upon receipt of such notifica- the applicable service period; and ‘‘(2) DIRECT HIRE AUTHORITY.—The Sec- tion, the Secretary may not make any new ‘‘(ii) under paragraph (4) may not exceed 50 retary may appoint, without regard to any appointments or issue any new bonuses percent of the annual rate of basic pay of the provision of sections 3309 through 3319, can- under subsection (b), or provide CBP employ- employee. didates to positions in the competitive serv- ees with further special rates of pay, until ‘‘(B) RELATIONSHIP TO BASIC PAY.—A bonus ice as CBP employees if the Secretary has the Director has submitted written notice to paid to an employee under paragraph (3) or given public notice for the positions. the Secretary and the appropriate congres- (4) shall not be considered part of the basic ‘‘(3) RECRUITMENT AND RELOCATION BO- sional committees stating that the Director pay of the employee for any purpose, includ- NUSES.—The Secretary may pay a recruit- is satisfied that safeguards are in place to ing for retirement or in computing a lump- ment or relocation bonus of up to 50 percent prevent further inappropriate use. sum payment to the covered employee for of the annual rate of basic pay to an indi- ‘‘(f) IMPROVING CBP HIRING AND RETEN- accumulated and accrued annual leave under vidual CBP employee at the beginning of the TION.— section 5551 or section 5552. service period multiplied by the number of ‘‘(1) EDUCATION OF CBP HIRING OFFICIALS.— ‘‘(C) PERIOD OF SERVICE FOR RECRUITMENT, years (including a fractional part of a year) Not later than 180 days after the date of the RELOCATION, AND RETENTION BONUSES.— in the required service period to an indi- enactment of this section, and in conjunc- ‘‘(i) IN GENERAL.—A bonus paid to an em- vidual (other than an individual described in tion with the Chief Human Capital Officer of ployee under paragraph (4) may not be based subsection (a)(2) of section 5753) if— the Department of Homeland Security, the on any period of such service which is the ‘‘(A) the Secretary determines that condi- Secretary shall develop and implement a basis for a recruitment or relocation bonus tions consistent with the conditions de- strategy to improve the education regarding under paragraph (3). scribed in paragraphs (1) and (2) of sub- hiring and human resources flexibilities (in- ‘‘(ii) FURTHER LIMITATION.—A bonus paid to section (b) of section 5753 are satisfied with cluding hiring and human resources flexibili- an employee under paragraph (3) or (4) may respect to the individual (without regard to ties for locations in rural or remote areas) not be based on any period of service which the regulations referenced in section for all employees, serving in agency head- is the basis for a recruitment or relocation 5753(b)(2)(B(ii)(I) or to any other provision of quarters or field offices, who are involved in bonus under section 5753 or a retention bonus section 5753); and the recruitment, hiring, assessment, or se- under section 5754. ‘‘(B) the individual enters into a written lection of candidates for locations in a rural ‘‘(c) SPECIAL RATES OF PAY.—In addition to service agreement with the Secretary— the circumstances described in subsection (b) or remote area, as well as the retention of ‘‘(i) under which the individual is required of section 5305, the Director may establish current employees. to complete a period of employment as a special rates of pay in accordance with that ‘‘(2) ELEMENTS.—Elements of the strategy CBP employee of not less than 2 years; and section to assist the Secretary in meeting developed under paragraph (1) shall include— ‘‘(ii) that includes— the requirements of section 1141 of the Build- ‘‘(A) developing or updating training and ‘‘(I) the commencement and termination ing America’s Trust Act. The Director shall educational materials on hiring and human dates of the required service period (or provi- prioritize the consideration of requests from resources flexibilities for employees who are sions for the determination thereof); the Secretary for such special rates of pay involved in the recruitment, hiring, assess- ‘‘(II) the amount of the bonus; and and issue a decision as soon as practicable. ment, or selection of candidates, as well as ‘‘(III) other terms and conditions under The Secretary shall provide such informa- the retention of current employees; which the bonus is payable, subject to the re- tion to the Director as the Director deems ‘‘(B) regular training sessions for personnel quirements of this subsection, including— necessary to evaluate special rates of pay who are critical to filling open positions in ‘‘(aa) the conditions under which the under this subsection. rural or remote areas; agreement may be terminated before the ‘‘(d) OPM OVERSIGHT.— ‘‘(C) the development of pilot programs or agreed-upon service period has been com- ‘‘(1) REPORT.—Not later than September 30 other programs, as appropriate, consistent pleted; and of each year, the Secretary shall submit a re- with authorities provided to the Secretary to

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.018 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S993 address identified hiring challenges, includ- tember 30, 2022. Any bonus to be paid pursu- ‘‘(B) is authorized to make arrests, conduct ing in rural or remote areas; ant to subsection (b) that is approved before investigations, conduct searches, make sei- ‘‘(D) developing and enhancing strategic such date may continue until such bonus has zures, carry firearms, and serve orders, war- recruiting efforts through the relationships been paid, subject to the conditions specified rants, and other processes; with institutions of higher education (as de- in this section.’’. ‘‘(C) is not currently under investigation, fined in section 102 of the Higher Education (b) TECHNICAL AND CONFORMING AMEND- has not been found to have engaged in crimi- Act of 1965 (20 U.S.C. 1002)), veterans transi- MENT.—The table of sections for chapter 97 of nal activity or serious misconduct, has not tion and employment centers, and job place- title 5, United States Code, is amended by resigned from a law enforcement officer posi- ment program in regions that could assist in adding at the end the following: tion under investigation or in lieu of termi- filling positions in rural or remote areas; ‘‘9702. U.S. Customs and Border Protection nation, and has not been dismissed from a ‘‘(E) examination of existing agency pro- temporary employment au- law enforcement officer position; and grams to determine how to most effectively thorities.’’. ‘‘(D) holds a current Tier 4 background in- aid spouses and families of individuals who (c) OVERTIME LIMITATION.—Section 5(c)(1) vestigation or current Tier 5 background in- are candidates or new hires in a rural or re- of the Act of February 13, 1911 (19 U.S.C. vestigation; and mote area; 267(c)(1)) is amended by striking ‘‘$25,000’’ ‘‘(3) to a member of the Armed Forces (or ‘‘(F) feedback from individuals who are and inserting ‘‘$45,000’’. a reserve component thereof) or a veteran, if candidates or new hires at locations in a SEC. 1144. RATE OF PAY FOR U.S. IMMIGRATION such individual— rural or remote area, including feedback on AND CUSTOMS ENFORCEMENT OFFI- ‘‘(A) has served in the Armed Forces for the quality of life in rural or remote areas CERS AND AGENTS. not fewer than 3 years; for new hires and their families; (a) IN GENERAL.—Section 5545a of title 5, ‘‘(B) holds, or has held within the past 5 ‘‘(G) feedback from CBP employees, other United States Code, is amended by adding at years, a Secret, Top Secret, or Top Secret/ than new hires, who are stationed at loca- the end the following: Sensitive Compartmented Information clear- tions in a rural or remote area, including ‘‘(l)(1) The provisions of subsections (a) ance; feedback on the quality of life in rural or re- through (h), providing for availability pay, ‘‘(C) holds, or has undergone within the mote areas for those CBP employees and shall apply to a law enforcement officer em- past 5 years, a current Tier 4 background in- their families; and ployed by U.S. Immigration and Customs En- vestigation or current Tier 5 background in- ‘‘(H) evaluation of Department of Home- forcement who is authorized to carry out the vestigation; land Security internship programs and the powers or authorities under section 287 of ‘‘(D) received, or is eligible to receive, an usefulness of such programs in improving the Immigration and Nationality Act (8 honorable discharge from service in the hiring by the Secretary in rural or remote U.S.C. 1357) or section 589 of the Tariff Act of Armed Forces and has not engaged in crimi- areas. 1930 (19 U.S.C. 1589a) and who would not oth- nal activity or committed a serious military ‘‘(3) EVALUATION.— erwise be covered by such subsections. or civil offense under the Uniform Code of ‘‘(A) IN GENERAL.—Each year the Secretary ‘‘(2) For the purposes of this section, sec- Military Justice; and shall— tion 5542(d) of this title, and subsections ‘‘(E) was not granted any waivers to obtain ‘‘(i) evaluate the extent to which the strat- (a)(16) and (b)(30) of section 13 of the Fair the clearance referred to subparagraph (B). egy developed and implemented under para- Labor Standards Act of 1938 (29 U.S.C. 213), ‘‘(c) TERMINATION OF WAIVER AUTHORITY.— graph (1) has improved the hiring and reten- an officer described in paragraph (1) shall be The authority to issue a waiver under sub- tion ability of the Secretary; and deemed to be a criminal investigator.’’. section (b) shall terminate on the date that (b) RULEMAKING.—The Director of the Of- ‘‘(ii) make any appropriate updates to the is 4 years after the date of the enactment of fice of Personnel Management may prescribe strategy developed under paragraph (1). the SECURE and SUCCEED Act.’’. regulations to carry out section 5545a(l) of ‘‘(B) INFORMATION.—The evaluation under (c) SUPPLEMENTAL COMMISSIONER AUTHOR- title 5, United States Code, as added by sub- subparagraph (A) shall include— ITY AND DEFINITIONS.— section (a). ‘‘(i) any reduction in the time taken by the (1) SUPPLEMENTAL COMMISSIONER AUTHOR- (c) EFFECTIVE DATE.—The amendment Secretary to fill mission-critical positions, ITY.—Section 4 of the Anti-Border Corrup- made by subsection (a) shall take effect on including in rural or remote areas; tion Act of 2010 (Public Law 111–376) is the first day of the first applicable pay pe- ‘‘(ii) a general assessment of the impact of amended to read as follows: riod beginning on or after the date that is 90 the strategy implemented under paragraph ‘‘SEC. 4. SUPPLEMENTAL COMMISSIONER AU- days after the date of the enactment of this (1) on hiring challenges, including in rural or THORITY. Act. remote areas; and ‘‘(a) NONEXEMPTION.—An individual who re- ‘‘(iii) other information the Secretary de- SEC. 1145. ANTI-BORDER CORRUPTION REAU- ceives a waiver under section 3(b) is not ex- THORIZATION ACT. termines relevant. empt from other hiring requirements relat- (a) SHORT TITLE.—This section may be ‘‘(g) INSPECTOR GENERAL REVIEW.—Not ing to suitability for employment and eligi- cited as the ‘‘Anti-Border Corruption Reau- later than 2 years after the date of the enact- bility to hold a national security designated thorization Act of 2018’’. ment of this section, the Inspector General position, as determined by the Commissioner (b) HIRING FLEXIBILITY.—Section 3 of the of the Department of Homeland Security of U.S. Customs and Border Protection. Anti-Border Corruption Act of 2010 (6 U.S.C. shall review the use of hiring and pay flexi- ‘‘(b) BACKGROUND INVESTIGATIONS.—Any in- 221) is amended by striking subsection (b) bilities under subsections (b) and (c) to de- dividual who receives a waiver under section and inserting the following: termine whether the use of such flexibilities 3(b) and holds a current Tier 4 background ‘‘(b) WAIVER AUTHORITY.—The Commis- investigation shall be subject to a Tier 5 is helping the Secretary meet hiring and re- sioner of U.S. Customs and Border Protec- tention needs, including in rural and remote background investigation. tion may waive the application of subsection ‘‘(c) ADMINISTRATION OF POLYGRAPH EXAM- areas. (a)(1)— INATION ‘‘(h) REPORT ON POLYGRAPH REQUESTS.— .—The Commissioner of U.S. Customs The Secretary shall submit a report to the ‘‘(1) to a current, full-time law enforce- and Border Protection is authorized to ad- appropriate congressional committees that ment officer employed by a State or local minister a polygraph examination to an ap- identifies the number of requests the Sec- law enforcement agency who— plicant or employee who is eligible for, or re- retary has received from any other Federal ‘‘(A) has continuously served as a law en- ceives a waiver under, section 3(b) if infor- agency for the file of an applicant for a posi- forcement officer for not fewer than 3 years; mation is discovered before the completion tion in U.S. Customs and Border Protection ‘‘(B) is authorized by law to engage in or of a background investigation that results in that includes the results of a polygraph ex- supervise the prevention, detection, inves- a determination that a polygraph examina- amination. tigation, or prosecution of, or the incarcer- tion is necessary to make a final determina- ‘‘(i) EXERCISE OF AUTHORITY.— ation of any person for, any violation of law, tion regarding suitability for employment or ‘‘(1) SOLE DISCRETION.—The exercise of au- and has statutory powers for arrest or appre- continued employment, as the case may thority under subsection (b) shall be subject hension; be.’’. to the sole and exclusive discretion of the ‘‘(C) is not currently under investigation, (2) REPORT.—The Anti-Border Corruption Secretary (or the Commissioner, as applica- has not been found to have engaged in crimi- Act of 2010, as amended by paragraph (1), is ble under paragraph (2) of this subsection), nal activity or serious misconduct, has not further amended by adding at the end the notwithstanding chapter 71 and any collec- resigned from a law enforcement officer posi- following: tive bargaining agreement. tion under investigation or in lieu of termi- ‘‘SEC. 5. REPORTING. ‘‘(2) DELEGATION.—The Secretary may dele- nation, and has not been dismissed from a ‘‘(a) ANNUAL REPORT.—Not later than 1 gate any authority under this section to the law enforcement officer position; and year after the date of the enactment of this Commissioner. ‘‘(D) has, during the past 10 years, success- section, and annually thereafter while the ‘‘(j) RULE OF CONSTRUCTION.—Nothing in fully completed a polygraph examination as waiver authority under section 3(b) is in ef- this section shall be construed to exempt the a condition of employment with such offi- fect, the Commissioner of U.S. Customs and Secretary or the Director from applicability cer’s current law enforcement agency; Border Protection shall submit a report to of the merit system principles under section ‘‘(2) to a current, full-time Federal law en- Congress that includes, with respect to each 2301. forcement officer who— such reporting period— ‘‘(k) SUNSET.—The authorities under sub- ‘‘(A) has continuously served as a law en- ‘‘(1) the number of waivers requested, sections (b) and (c) shall terminate on Sep- forcement officer for not fewer than 3 years; granted, and denied under section 3(b);

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.018 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S994 CONGRESSIONAL RECORD — SENATE February 14, 2018 ‘‘(2) the reasons for any denials of such ters to establish guidelines and curriculum Justice on such date of enactment, the At- waiver; for the training of agents and officers of U.S. torney General shall— ‘‘(3) the percentage of applicants who were Customs and Border Protection under sub- (A) increase by not fewer than 100 the num- hired after receiving a waiver; section (a). ber of Assistant United States Attorneys; ‘‘(4) the number of instances that a poly- ‘‘(3) CONTINUING EDUCATION.—The Commis- and graph was administered to an applicant who sioner shall require all agents and officers of (B) increase by not fewer than 50 the num- initially received a waiver and the results of U.S. Customs and Border Protection who are ber of Special Assistant United States Attor- such polygraph; required to undergo training under sub- neys in the United States Attorneys’ office ‘‘(5) an assessment of the current impact of section (a) to participate in not fewer than 8 to litigate denaturalization and other immi- the polygraph waiver program on filling law hours of continuing education annually to gration cases in the Federal courts. enforcement positions at U.S. Customs and maintain and update understanding of Fed- (2) IMMIGRATION JUDGES.— Border Protection; and eral legal rulings, court decisions, and De- (A) ADDITIONAL IMMIGRATION JUDGES.—By ‘‘(6) additional authorities needed by U.S. partment policies, procedures, and guidelines not later than September 30, 2022, in addition Customs and Border Protection to better uti- related to relevant subject matters. to positions authorized before the date of the lize the polygraph waiver program for its in- ‘‘(4) LEADERSHIP TRAINING.—Not later than enactment of this Act and any existing va- tended goals. 1 year after the date of the enactment of the cancies within the Department of Justice on ‘‘(b) ADDITIONAL INFORMATION.—The first Ensuring Family Reunification Act of 2018, such date of enactment, the Attorney Gen- report submitted under subsection (a) shall the Commissioner shall develop and require eral shall increase by 200 the number of include— training courses geared towards the develop- trained full-time immigration judges. ‘‘(1) an analysis of other methods of em- ment of leadership skills for mid- and senior- (B) FACILITIES, SUPPORT PERSONNEL, AND ployment suitability tests that detect decep- level career employees not later than 1 year FULL-TIME INTERPRETERS.—The Attorney tion and could be used in conjunction with after such employees assume duties in super- General is authorized to procure space, tem- traditional background investigations to visory roles.’’. porary facilities, support staff, and full-time evaluate potential employees for suitability; (b) REPORT.—Not later than 180 days after interpreters on an expedited basis, to accom- and the date of the enactment of this Act, the modate the additional immigration judges ‘‘(2) a recommendation regarding whether Commissioner shall submit a report to the authorized under subparagraph (A). a test referred to in paragraph (1) should be Committee on Finance of the Senate, the (3) BOARD OF IMMIGRATION APPEALS.— adopted by U.S. Customs and Border Protec- Committee on Homeland Security and Gov- (A) BOARD MEMBERS.—By not later than tion when the polygraph examination re- ernmental Affairs of the Senate, the Com- September 30, 2022, the Attorney General quirement is waived pursuant to section mittee on Homeland Security of the House of shall increase the number of Board Members 3(b).’’. Representatives, and the Committee on authorized to serve on the Board of Immigra- tion Appeals to 25. (3) DEFINITIONS.—The Anti-Border Corrup- Ways and Means of the House of Representa- tion Act of 2010, as amended by paragraphs tives that identifies the guidelines and cur- (B) STAFF ATTORNEYS.—By not later than (1) and (2), is further amended by adding at riculum established to carry out subsection September 30, 2022, in addition to positions the end the following: (l) of section 411 of the Homeland Security authorized before the date of the enactment of this Act and any existing staff attorney ‘‘SEC. 6. DEFINITIONS. Act of 2002, as amended by subsection (a). (c) ASSESSMENT.—Not later than 4 years vacancies within the Department of Justice ‘‘In this Act: after the date of the enactment of this Act, on such date of enactment, the Attorney ‘‘(1) FEDERAL LAW ENFORCEMENT OFFICER.— the Comptroller General of the United States General shall increase the number of staff The term ‘Federal law enforcement officer’ shall submit a report to the Committee on attorneys assigned to support the Board of has the meaning given the term ‘law enforce- Homeland Security of the House of Rep- Immigration Appeals by not fewer than 50. ment officer’ in sections 8331(20) and 8401(17) resentatives, the Committee on Ways and (C) FACILITIES AND SUPPORT PERSONNEL.— of title 5, United States Code. Means of the House of Representatives, the The Attorney General is authorized to pro- ‘‘(2) SERIOUS MILITARY OR CIVIL OFFENSE.— Committee on Homeland Security and Gov- cure space, temporary facilities, and re- The term ‘serious military or civil offense’ ernmental Affairs of the Senate, and the quired administrative support staff, on an means an offense for which— Committee on Finance of the Senate that as- expedited basis, to accommodate the addi- ‘‘(A) a member of the Armed Forces may sesses the training and education, including tional Board Members authorized under sub- be discharged or separated from service in continuing education, required under sub- paragraph (A). the Armed Forces; and section (l) of section 411 of the Homeland Se- (4) OFFICE OF IMMIGRATION LITIGATION.—By ‘‘(B) a punitive discharge is, or would be, curity Act of 2002, as amended by subsection not later than September 30, 2022, in addition authorized for the same or a closely related (a). to positions authorized before the date of the offense under the Manual for Court-Martial, enactment of this Act and any existing va- as pursuant to Army Regulation 635-200 SEC. 1147. ADDITIONAL U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT PER- cancies within the Department of Justice on chapter 14–12. SONNEL. such date of enactment, the Attorney Gen- ‘‘(3) TIER 4; TIER 5.—The terms ‘Tier 4’ and (a) ENFORCEMENT AND REMOVAL OFFI- eral shall increase by not fewer than 100 the ‘Tier 5’ with respect to background inves- CERS.—By not later than September 30, 2022, number of attorneys for the Office of Immi- tigations have the meaning given such terms the Director of U.S. Immigration and Cus- gration Litigation. under the 2012 Federal Investigative Stand- toms Enforcement shall increase the number (b) DEPARTMENT OF HOMELAND SECURITY.— ards. of trained, full-time, active duty U.S. Immi- (1) FRAUD DETECTION AND NATIONAL SECU- ‘‘(4) VETERAN.—The term ‘veteran’ has the gration and Customs Enforcement Enforce- RITY OFFICERS.—By not later than September meaning given such term in section 101(2) of ment and Removal Operations law enforce- 30, 2022, in addition to positions authorized title 38, United States Code.’’. ment officers performing interior immigra- before the date of the enactment of this Act (d) POLYGRAPH EXAMINERS.—Not later than tion enforcement functions by not fewer and any existing officer vacancies within the September 30, 2022, the Secretary shall in- than 8,500. Department of Homeland Security on such crease to not fewer than 150 the number of (b) HOMELAND SECURITY INVESTIGATIONS date of enactment, the Director of U.S. Citi- trained full-time equivalent polygraph exam- SPECIAL AGENTS.—By not later than Sep- zenship and Immigration Services shall in- iners for administering polygraphs under the tember 30, 2022, the Director of U.S. Immi- crease by not fewer than 100 the number of Anti-Border Corruption Act of 2010, as gration and Customs Enforcement shall in- trained full-time active duty Fraud Detec- amended by this section. crease the number of trained, full-time, ac- tion and National Security (FDNS) officers. SEC. 1146. TRAINING FOR OFFICERS AND AGENTS tive duty Homeland Security Investigations (2) ICE HOMELAND SECURITY INVESTIGATIONS OF U.S. CUSTOMS AND BORDER PRO- special agents by not fewer than 1,500. FORENSIC DOCUMENT LABORATORY PER- TECTION. (c) BORDER ENFORCEMENT SECURITY TASK SONNEL.—By not later than September 30, (a) IN GENERAL.—Section 411(l) of the FORCE.—By not later than September 30, 2022, in addition to positions authorized be- Homeland Security Act of 2002 (6 U.S.C. 2022, the Director of U.S. Immigration and fore the date of the enactment of this Act 211(l)) is amended to read as follows: Customs Enforcement shall assign not fewer and any existing officer vacancies within the ‘‘(l) TRAINING AND CONTINUING EDUCATION.— than 100 Homeland Security Investigations Department of Homeland Security on such ‘‘(1) MANDATORY TRAINING AND CONTINUING special agents to the Border Enforcement Se- date of enactment, the Director of U.S. Im- EDUCATION.—The Commissioner shall ensure curity Task Force Program established migration and Customs Enforcement shall that every agent and officer of U.S. Customs under section 432 of the Homeland Security increase— and Border Protection receives at least 21 Act of 2002 (6 U.S.C. 240). (A) the number of trained, full-time Foren- weeks of training that is directly related to SEC. 1148. OTHER IMMIGRATION AND LAW EN- sic Document Laboratory Examiners by 15; the mission of the U.S. Border Patrol, Air FORCEMENT PERSONNEL. (B) the number of trained, full-time Fin- and Marine, and the Office of Field Oper- (a) DEPARTMENT OF JUSTICE.— gerprint Specialists by 15; ations before the initial assignment of such (1) UNITED STATES ATTORNEYS.—By not (C) the number of trained, full-time Intel- agents and officers. later than September 30, 2022, in addition to ligence Officers by 10; and ‘‘(2) FLETC.—The Commissioner shall positions authorized before the date of the (D) the number of trained, full-time admin- work in consultation with the Director of enactment of this Act and any existing at- istrative staff by 3. the Federal Law Enforcement Training Cen- torney vacancies within the Department of (3) IMMIGRATION ATTORNEYS.—

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(A) OFFICE OF THE PRINCIPAL LEGAL ADVISOR (E) USE OF USCIS FEE FUNDS.—Adjudication (i) attorneys and administrative support ATTORNEYS.—By not later than September 30, fees described in section 286(m) of the Immi- staff in offices of United States attorneys; 2022, in addition to positions authorized be- gration and Nationality Act (8 U.S.C. (ii) support staff and interpreters in court fore the date of the enactment of this Act 1356(m)) may not be used to pay for the cost clerks’ offices; and any existing attorney vacancies within of employing or contracting for the services (iii) pre-trial services; the Department of Homeland Security on of any person who is not an employee or con- (iv) activities of the Office of the Federal such date of enactment, the Director of U.S. tractor of U.S. Citizenship and Immigration Public Defender, including payments to re- Immigration and Customs Enforcement shall Services or the Department of Homeland Se- tain appointed counsel under section 3006A of increase the number of trained, full-time, ac- curity’s Administrative Appeals Office. title 18, United States Code; and (c) DEPARTMENT OF STATE.— tive duty Office of Principal Legal Advisor (v) additional personnel, including deputy attorneys by not fewer than 1,200. The major- (1) VISA SPECIALISTS.—By not later than September 30, 2022, in addition to positions United States marshals in the United States ity of such attorneys shall perform duties re- authorized before the date of the enactment Marshals Service, to perform intake, coordi- lated to litigation of removal proceedings of this Act and any existing attorney vacan- nation, transportation, and court security; and representing the Department of Home- cies within the Department on such date of and land Security in immigration matters before enactment, the Assistant Secretary of State (B) to reimburse Federal, State, local, and the immigration courts within the Depart- for Consular Affairs shall increase the num- tribal law enforcement agencies for any de- ment of Justice, the Executive Office for Im- ber of trained, full-time analysts within the tention costs related to the increased border migration Review, and enforcement of U.S. Bureau of Consular Affairs by not fewer than crossing prosecutions carried out pursuant customs and trade laws. At least 50 of these 50. Such analysts primarily should handle to subparagraph (A). additional attorney positions shall be used and advise on cases and matters involving (2) ADDITIONAL MAGISTRATE JUDGES TO AS- by the Attorney General to increase the the potential for visa denial on the basis of SIST WITH INCREASED CASELOAD.—The chief number of U.S. Immigration and Customs national security and public safety concerns. judge of each judicial district located within Enforcement attorneys serving as Special (2) IMMIGRATION ATTORNEYS.—By not later a sector of the southern border is authorized Assistant U.S. Attorneys, on detail to the than September 30, 2022, in addition to posi- to appoint additional full-time magistrate Department of Justice, Offices of the U.S. tions authorized before the date of the enact- judges, who, consistent with the Constitu- Attorneys, to assist with immigration-re- ment of this Act and any existing attorney tion and laws of the United States, shall lated litigation. vacancies within the Department on such have the authority to hear cases and con- (B) USCIS IMMIGRATION ATTORNEYS.—By date of enactment, the Assistant Secretary troversies in the judicial district in which not later than September 30, 2022, in addition of State for Consular Affairs shall increase the magistrate judges are appointed. to positions authorized before the date of the the number of trained, full-time, active at- (3) AUTHORIZATION OF APPROPRIATIONS.— enactment of this Act and any existing at- torneys adviser within the Bureau of Con- There are authorized to be appropriated, for torney vacancies within the Department of sular Affairs by not fewer than 25. Such at- each of the fiscal years 2018 through 2022, Homeland Security on such date of enact- torneys primarily should handle and advise such sums as may be necessary to carry out ment, the Director of U.S. Citizenship and on cases and matters involving the potential this subsection. Immigration Services shall increase the for visa denial on the basis of national secu- (b) ADDITIONAL PERMANENT DISTRICT COURT number of trained, full-time, active duty Of- rity and public safety concerns. fice of Chief Counsel attorneys by not fewer (3) FOREIGN SERVICE CONSULAR FELLOWS JUDGESHIPS IN SOUTHERN BORDER STATES.— than 250. Such attorneys shall primarily PROGRAM.—By not later than September 30, (1) IN GENERAL.—The President shall ap- handle national security and public safety 2020, the Secretary of State shall— point, by and with the advice and consent of cases, denaturalization cases, and legal suffi- (A) increase the number of Consular Fel- the Senate— ciency reviews of immigration benefit deci- lows to double the number of Consular Fel- (A) 4 additional district judges for the Dis- sions. At least 50 of these additional attor- lows employed as of the date of the enact- trict of Arizona; ney positions shall be used by the Attorney ment of this Act; (B) 2 additional district judges for the General to increase the number of U.S. Citi- (B) offer Consular Fellows permanent ca- Southern District of California; zenship and Immigration Service attorneys reer appointments; and (C) 4 additional district judges for the serving as Special Assistant U.S. Attorneys, (C) make language training available to Western District of Texas; and on detail to the Department of Justice, Of- Consular Fellows for assignment to posts (D) 2 additional district judges for the fices of the U.S. Attorneys, to assist with outside of their area of core linguistic abil- Southern District of Texas. immigration-related litigation. ity. (2) CONVERSIONS OF TEMPORARY DISTRICT (d) AUTHORIZATION OF APPROPRIATIONS.— (C) FACILITIES AND SUPPORT PERSONNEL.— COURT JUDGESHIPS.—The judgeships for the There are authorized to be appropriated, for The Attorney General and Secretary are au- District of Arizona and the Central District each of the fiscal years 2018 through 2022, of California authorized under section 312(c) thorized to procure space, temporary facili- such sums as may be necessary to carry out ties, and to hire the required administrative of the 21st Century Department of Justice this section. Appropriations Authorization Act (28 U.S.C. and legal support staff, on an expedited SEC. 1149. JUDICIAL RESOURCES FOR BORDER basis, to accommodate the additional posi- SECURITY. 133 note), in existence on the day before the tions authorized under this paragraph. (a) BORDER CROSSING PROSECUTIONS; CRIMI- date of the enactment of this Act, shall be (D) AUTHORITY TO ACQUIRE LEASEHOLD.— NAL CONSEQUENCE INITIATIVE.— authorized under section 133 of title 28, Notwithstanding any other provision of law, (1) IN GENERAL.—Amounts appropriated United States Code, and the individuals hold- the Secretary may acquire a leasehold inter- pursuant to paragraph (3) shall be used— ing such judgeships on such day shall hold est in real property, and may provide in a (A) to increase the number of criminal office under section 133 of title 28, United lease entered into under this subparagraph prosecutions for unlawful border crossing in States Code, as amended by paragraph (3). for the construction or modification of any each and every sector of the southern border (3) TECHNICAL AND CONFORMING AMEND- facility on the leased property, if Secretary by not less than 80 percent per day, as com- MENTS.—The table contained in section 133(a) determines that the acquisition of such in- pared to the average number of such prosecu- of title 28, United States Code, is amended— terest, and such construction or modifica- tions per day during the 12-month period pre- (A) by striking the item relating to the tion, are necessary in order to facilitate the ceding the date of the enactment of this Act, district of Arizona and inserting the fol- implementation of this Act. by increasing funding for— lowing:

‘‘Arizona ...... 17’’; (B) by striking the items relating to Cali- fornia and inserting the following :

‘‘California: Northern ...... 19 Eastern ...... 12 Central ...... 28 Southern ...... 15’’; and (C) by striking the items relating to Texas and inserting the following :

‘‘Texas: Northern ...... 12 Southern ...... 21 Eastern ...... 7 Western ...... 17’’.

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(c) INCREASE IN FILING FEES.— or she was taken into custody by the State (A) a description of the activities to be car- (1) IN GENERAL.—Section 1914(a) of title 28, or a political subdivision of the State; or ried out with a grant awarded under sub- United States Code, is amended— ‘‘(III) was admitted as a nonimmigrant section (a); (A) by striking ‘‘$350’’ and inserting ‘‘$375’’; and, at the time he or she was taken into (B) if equipment will be purchased with the and custody by the State or a political subdivi- grant, a detailed description of— (B) by striking ‘‘$5’’ and inserting ‘‘$7’’. sion of the State, has failed to maintain the (i) the type and quantity of such equip- (2) EXPENDITURE LIMITATION.—Incremental nonimmigrant status in which the alien was ment; and amounts collected pursuant to the amend- admitted or to which it was changed under (ii) the personnel who will be using such ments made by paragraph (1)— section 248, or to comply with the conditions equipment; (A) shall be deposited as offsetting receipts of any such status.’’; (C) a description of the need of the law en- in the special fund of the Treasury estab- (3) in paragraph (4), by inserting ‘‘and forcement agency or agencies for the grant, lished under section 1931 of title 28, United aliens with an unknown status’’ after ‘‘un- including a description of the inability of the States Code; and documented criminal aliens’’ each place that agency or agencies to carry out the proposed (B) shall be available solely for the purpose term appears; activities without the grant; and of facilitating the processing of civil cases, (4) in paragraph (5)(C), by striking ‘‘to (D) an assurance that the agency or agen- but only to the extent specifically appro- carry out this subsection’’ and all that fol- cies will, to the extent practicable, seek, re- priated by an Act of Congress enacted after lows and inserting ‘‘$950,000,000, for each of cruit, and hire women and members of racial the date of the enactment of this Act. the fiscal years 2018 through 2022, to carry and ethnic minority groups in law enforce- SEC. 1150. REIMBURSEMENT TO STATE AND out this subsection.’’; and ment positions of the agency or agencies. LOCAL PROSECUTORS FOR FEDER- (5) by adding at the end the following: (d) REVIEW AND AWARD.— ALLY INITIATED, IMMIGRATION-RE- ‘‘(7) DISTRIBUTION OF REIMBURSEMENT.— LATED CRIMINAL CASES. (1) REVIEW.—Not later than 90 days after Any amounts provided to a State or to a po- receiving an application submitted under (a) IN GENERAL.—The Attorney General litical subdivision of a State as compensa- shall reimburse State, county, tribal, and subsection (c), the Secretary shall review tion under paragraph (1)(A) for a fiscal year municipal governments for costs associated and approve or reject the application. shall be distributed to such State or political with the prosecution of federally initiated (2) AWARD OF FUNDS.—Subject to the avail- subdivision not later than 120 days after the criminal cases declined to be prosecuted by ability of appropriations, not later than 45 last day of the period specified by the Attor- local offices of the United States attorneys, days after the date an application is ap- including costs relating to pre-trial services, ney General for the submission of requests proved under paragraph (1), the Secretary detention, clerical support, and public de- under that paragraph for that fiscal year.’’. shall transmit the grant funds to the appli- fenders’ services associated to such prosecu- SEC. 1152. SOUTHERN BORDER SECURITY ASSIST- cant. tion. ANCE GRANTS. (3) PRIORITY.—In distributing grant funds (b) EXCEPTION.—Reimbursement under sub- (a) AUTHORITY.— under this subsection, priority shall be given section (a) shall not be available, at the dis- (1) IN GENERAL.—The Secretary, in con- to high-intensity areas for drug trafficking, cretion of the Attorney General, if the At- sultation with State and local law enforce- smuggling, and border violence. torney General determines that there is rea- ment agencies, may award border security (e) AUTHORIZATION OF APPROPRIATIONS.— son to believe that the jurisdiction seeking assistance grants to law enforcement agen- There is authorized to be appropriated, for reimbursement has engaged in unlawful con- cies located in the Southwest border region each of the fiscal years 2018 through 2022, duct in connection with immigration-related for the purposes described in subsection (b). $300,000,000 for grants authorized under this apprehensions. (2) PRIORITY.—In awarding grants under section. CHAPTER 3—GRANTS this section, the Secretary shall give pri- SEC. 1151. STATE CRIMINAL ALIEN ASSISTANCE ority to law enforcement agencies located in SEC. 1153. OPERATION STONEGARDEN. PROGRAM. a county that is located within 25 miles of (a) IN GENERAL.—Subtitle A of title XX of Section 241(i) of the Immigration and Na- the Southern border. the Homeland Security Act of 2002 (6 U.S.C. tionality Act (8 U.S.C. 1231(i)) is amended— (b) PURPOSES.—Each grant awarded under 601 et seq.) is amended by adding at the end (1) in paragraph (1)— subsection (a) shall be used to address drug the following: (A) by inserting ‘‘AUTHORIZATION.—’’ before trafficking, smuggling, and border violence— ‘‘If the chief’’; and (1) by obtaining law enforcement equip- ‘‘SEC. 2009. OPERATION STONEGARDEN. (B) by inserting ‘‘or an alien with an un- ment and tools, including secure 2-way com- ‘‘(a) ESTABLISHMENT.—There is established known status’’ after ‘‘undocumented crimi- munication devices, portable laptops and of- in the Department a program to be known as nal alien’’ each place that term appears; fice computers, license plate readers, un- ‘Operation Stonegarden’, under which the (2) by striking paragraphs (2) and (3) and manned aerial vehicles, unmanned aircraft Secretary, acting through the Adminis- inserting the following: systems, manned aircraft, cameras with trator, shall make grants to eligible law en- ‘‘(2) COMPENSATION.— night viewing capabilities, and any other ap- forcement agencies, through the State ad- ‘‘(A) CALCULATION OF COMPENSATION.—Com- propriate law enforcement equipment; ministrative agency, to enhance border secu- pensation under paragraph (1)(A) shall be the (2) by hiring additional personnel, includ- rity in accordance with this section. average cost of incarceration of a prisoner in ing administrative support personnel, dis- ‘‘(b) ELIGIBLE RECIPIENTS.—To be eligible the relevant State, as determined by the At- patchers, and jailers, and to provide over- to receive a grant under this section, a law torney General. time pay for such personnel; enforcement agency— ‘‘(B) COMPENSATION OF STATE FOR INCARCER- (3) by purchasing law enforcement vehi- ‘‘(1) shall be located in— ATION.—The Attorney General shall com- cles; ‘‘(A) a State bordering Canada or Mexico; pensate the State or political subdivision of (4) by providing high performance aircraft or the State, in accordance with subparagraph and helicopters for border surveillance and ‘‘(B) a State or territory with a maritime (A), for the incarceration of an alien— other critical mission applications and pay- border; and ‘‘(i) whose immigration status cannot be ing for the operational and maintenance ‘‘(2) shall be involved in an active, ongoing, verified by the Secretary; and costs associated with such craft; U.S. Customs and Border Protection oper- ‘‘(ii) who would otherwise be an undocu- (5) by providing critical power generation ation coordinated through a U.S. Border Pa- mented criminal alien if the alien is unlaw- systems, infrastructure, and technological trol sector office. fully present in the United States. upgrades to support State and local data ‘‘(3) DEFINITIONS.—In this subsection: management systems and fusion centers; or ‘‘(c) PERMITTED USES.—The recipient of a ‘‘(A) ALIEN WITH AN UNKNOWN STATUS.—The (6) by providing specialized training and grant under this section may use such grant term ‘alien with an unknown status’ means paying for the direct operating expenses as- for— an individual— sociated with detecting and prosecuting drug ‘‘(1) equipment, including maintenance and ‘‘(i) who has been incarcerated by a Fed- trafficking, human smuggling, and other il- sustainment costs; eral, State, or local law enforcement entity; legal activity or violence that occurs at or ‘‘(2) personnel, including overtime and and near the Southern border. backfill, in support of enhanced border law ‘‘(ii) whose immigration status cannot be (c) APPLICATION.— enforcement activities; definitively identified. (1) REQUIREMENT.—A law enforcement ‘‘(3) any activity permitted for Operation ‘‘(B) UNDOCUMENTED CRIMINAL ALIEN.—The agency seeking a grant under subsection (a), Stonegarden under the Department of Home- term ‘undocumented criminal alien’ means or a nonprofit organization or coalition act- land Security’s most recent Homeland Secu- an alien who— ing as an agent for 1 or more such law en- rity Grant Program Notice of Funding Op- ‘‘(i) has been charged with or convicted of forcement entities, shall submit an applica- portunity; and a felony or any misdemeanors; and tion to the Secretary that includes the infor- ‘‘(4) any other appropriate activity, as de- ‘‘(ii)(I) entered the United States without mation described in paragraph (2) at such termined by the Administrator, in consulta- inspection or at any time or place other than time and in such manner as the Secretary tion with the Commissioner of U.S. Customs as designated by the Secretary; may require. and Border Protection. ‘‘(II) was the subject of exclusion or depor- (2) CONTENT.—Each application submitted ‘‘(d) PERIOD OF PERFORMANCE.—The Sec- tation or removal proceedings at the time he under paragraph (1) shall include— retary shall award grants under this section

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to grant recipients for a period of not less spector General for the National Science (C) REPORT.—The Deputy Secretary of than 36 months. Foundation for grants awarded by the Direc- Homeland Security and the Deputy Director ‘‘(e) REPORT.—For each of the fiscal years tor of the National Science Foundation, of the National Science Foundation shall 2018 through 2022, the Administrator shall shall conduct audits of recipients of grants submit an annual report to Congress that submit a report to the Committee on Home- under this subtitle or any amendments made identifies all conference expenditures ap- land Security and Governmental Affairs of by this subtitle to prevent waste, fraud, and proved under this paragraph. the Senate and the Committee on Homeland abuse of funds by grantees. Such Inspectors (4) ANNUAL CERTIFICATION.—Beginning in Security of the House of Representatives General shall determine the appropriate the first fiscal year beginning after the date containing information on the expenditure of number of grantees to be audited each year. of the enactment of this Act, and annually grants made under this section by each grant (B) MANDATORY EXCLUSION.—A recipient of thereafter, each awarding entity shall sub- recipient. grant funds under this subtitle that is found mit a report to Congress that— ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— to have an unresolved audit finding shall not (A) indicates whether— There is authorized to be appropriated be eligible to receive grant funds under this (i) all audits issued by the Offices of the In- $110,000,000, for each of the fiscal years 2018 subtitle or any amendment made by this spector General under paragraph (1) have through 2022, for grants under this section.’’. subtitle during the first 2 fiscal years begin- been completed and reviewed by the appro- (b) CONFORMING AMENDMENT.—Section ning after the end of the fiscal year in which priate individuals; 2002(a) of the Homeland Security Act of 2002 a finding described in subsection (A) was dis- (ii) all mandatory exclusions required (6 U.S.C. 603(a)) is amended to read as fol- covered. under paragraph (1)(B) have been issued; and lows: (C) PRIORITY.—In awarding a grant under (iii) all reimbursements required under ‘‘(a) GRANTS AUTHORIZED.—The Secretary, this subtitle or any amendment made by this paragraph (1)(D) have been made; and through the Administrator, may award subtitle, the awarding entity shall give pri- (B) includes a list of any grant recipients grants under sections 2003, 2004, and 2009 to ority to eligible applicants that did not have excluded under paragraph (1) during the pre- State, local, and tribal governments, as ap- an unresolved audit finding during the 3 fis- vious year. propriate.’’. cal years immediately preceding the date on Subtitle B—Emergency Port of Entry (c) CLERICAL AMENDMENT.—The table of which the entity submitted the application contents in section 1(b) of the Homeland Se- for such grant. Personnel and Infrastructure Funding curity Act of 2002 is amended by inserting (D) REIMBURSEMENT.—If an entity is award- SEC. 1201. DEFINITIONS. ed grant funds under this subtitle or any after the item relating to section 2008 the In this subtitle: following: amendment made by this subtitle during the 2-year period when the entity is barred from (1) APPROPRIATE CONGRESSIONAL COMMIT- ‘‘Sec. 2009. Operation Stonegarden.’’. receiving grants under subparagraph (B), the TEES.—The term ‘‘appropriate congressional SEC. 1154. GRANTS FOR IDENTIFICATION OF VIC- awarding entity shall— committees’’ means— TIMS OF CROSS-BORDER HUMAN (A) the Committee on Homeland Security SMUGGLING. (i) deposit an amount equal to the amount of the grant funds that were improperly and Governmental Affairs of the Senate; In addition to any funding for grants made awarded to such entity into the general fund (B) the Committee on Finance of the Sen- available to the Attorney General for State of the Treasury; and ate; and local law enforcement assistance, the (ii) seek to recover the costs of the repay- (C) the Committee on the Judiciary of the Attorney General shall award grants to ment under clause (i) from such entity. Senate; county, municipal, or tribal governments in (2) NONPROFIT ORGANIZATION REQUIRE- (D) the Committee on Homeland Security States along the southern border for costs, MENTS.— of the House of Representatives; or reimbursement of costs, associated with (A) PROHIBITION.—An awarding entity may (E) the Committee on Ways and Means of the transportation and processing of uniden- not award a grant under this subtitle or any the House of Representatives; and tified alien remains that have been trans- amendment made by this subtitle to a non- (F) the Committee on the Judiciary of the ferred to an official medical examiner’s of- profit organization that holds money in off- House of Representatives. fice or an institution of higher education in shore accounts for the purpose of avoiding (2) SECRETARY.—The term ‘‘Secretary’’ the area with the capacity to analyze human the tax imposed under section 511(a) of the means the Secretary of Homeland Security. remains using forensic best practices, includ- Internal Revenue Code of 1986. SEC. 1202. PORTS OF ENTRY INFRASTRUCTURE. ing DNA testing, where such expenses may (B) DISCLOSURE.—Each nonprofit organiza- (a) ADDITIONAL PORTS OF ENTRY.— contribute to the collection and analysis of tion that is awarded a grant under this sub- (1) AUTHORITY.—Subject to section 3307 of information pertaining to missing and un- title or any amendment made by this sub- title 40, United States Code, the Adminis- identified persons. title and uses the procedures prescribed by trator of General Services may construct SEC. 1155. GRANT ACCOUNTABILITY. Internal Revenue regulations to create a re- new ports of entry along the northern border (a) DEFINITIONS.—In this section: buttable presumption of reasonableness for and along the southern border at locations (1) AWARDING ENTITY.—The term ‘‘awarding the compensation of its officers, directors, determined by the Secretary. entity’’ means the Secretary, the Adminis- trustees, and key employees, shall disclose ONSULTATION.— trator of the Federal Emergency Manage- to the awarding entity, in the application for (2) C ment Agency, the Director of the National the grant, the process for determining such (A) REQUIREMENT TO CONSULT.—The Sec- Science Foundation, or the Chief of the Of- compensation, including the independent retary shall consult with the Secretary of fice of Citizenship and New Americans. persons involved in reviewing and approving State, the Secretary of the Interior, the Sec- retary of Agriculture, the Secretary of (2) NONPROFIT ORGANIZATION.—The term such compensation, the comparability data ‘‘nonprofit organization’’ means an organiza- used, and contemporaneous substantiation of Transportation, the Administrator of Gen- tion that is described in section 501(c)(3) of the deliberation and decision. Upon request, eral Services, and appropriate representa- the Internal Revenue Code of 1986 and is ex- the awarding entity shall make the informa- tives of State and local governments, Indian empt from taxation under section 501(a) of tion disclosed under this subparagraph avail- tribes, and property owners in the United such Code. able for public inspection. States prior to determining a location for any new port constructed pursuant to para- (3) UNRESOLVED AUDIT FINDING.—The term (3) CONFERENCE EXPENDITURES.— graph (1). ‘‘unresolved audit finding’’ means a finding (A) LIMITATION.—Amounts authorized to be in a final audit report conducted by the In- appropriated to the Department of Homeland (B) CONSIDERATIONS.—The purpose of the spector General of the Department of Home- Security or the National Science Foundation consultations required under subparagraph land Security, or the Inspector General for for grant programs under this subtitle or any (A) shall be to minimize any negative im- the National Science Foundation for grants amendment made by this subtitle may not pacts of such a new port on the environment, awarded by the Director of the National be used by an awarding entity to host or sup- culture, commerce, and quality of life of the Science Foundation, that the audited grant- port any expenditure for conferences that communities and residents located near such ee has utilized grant funds for an unauthor- uses more than $20,000 in funds made avail- new port. ized expenditure or otherwise unallowable able by the Department of Homeland Secu- (b) EXPANSION AND MODERNIZATION OF HIGH- cost that is not closed or resolved within 1 rity or the National Science Foundation un- VOLUME SOUTHERN BORDER PORTS OF year after the date when the final audit re- less the Deputy Secretary for Homeland Se- ENTRY.—Not later than September 30, 2022, port is issued. curity, or the Deputy Director of the Na- the Administrator of General Services, sub- (b) ACCOUNTABILITY.—All grants awarded tional Science Foundation, or their designee, ject to section 3307 of title 40, United States by an awarding entity pursuant to this sub- provides prior written authorization that the Code, and in coordination with the Sec- title shall be subject to the following ac- funds may be expended to host the con- retary, shall expand or modernize high-pri- countability provisions: ference. ority ports of entry on the southern border, (1) AUDIT REQUIREMENT.— (B) WRITTEN APPROVAL.—Written approval as determined by the Secretary, for the pur- (A) AUDITS.—Beginning in the first fiscal under subparagraph (A) shall include a writ- poses of reducing wait times and enhancing year beginning after the date of the enact- ten estimate of all costs associated with the security. ment of this Act, and in each fiscal year conference, including the cost of all food, (c) PORT OF ENTRY PRIORITIZATION.—Prior thereafter, the Inspector General of the De- beverages, audio-visual equipment, hono- to constructing any new ports of entry pur- partment of Homeland Security, or the In- raria for speakers, and entertainment. suant to subsection (a), the Administrator of

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.018 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S998 CONGRESSIONAL RECORD — SENATE February 14, 2018 General Services shall complete the expan- and Border Protection agent or officer as- is compatible with existing State and local sion and modernization of ports of entry pur- signed or required to patrol on foot, by law enforcement systems that are used for suant to subsection (b), to the extent prac- horseback, or with a canine unit, in remote the collection and storage of biometric data ticable. mission critical locations, and at border for criminal aliens. (d) NOTIFICATIONS.— checkpoints, has a multi- or dual-band (b) PILOT PROGRAM.—When the system cre- (1) RELATING TO NEW PORTS OF ENTRY.—Not encrypted portable radio. ated under subsection (a) is operational, U.S. later than 15 days after determining the lo- SEC. 1204. BORDER SECURITY DEPLOYMENT PRO- Immigration and Customs Enforcement and cation of any new port of entry for construc- GRAM. U.S. Citizenship and Immigration Services tion pursuant to subsection (a), the Sec- (a) EXPANSION.—Not later than September shall conduct a 6-month pilot program on retary and the Administrator of General 30, 2022, the Secretary shall fully implement the collection and use of iris scans and voice Services shall jointly notify the Members of U.S. Customs and Border Protection’s Border prints for identity verification, authentica- Congress who represent the State or congres- Security Deployment Program and expand tion, background checks, and document pro- sional district in which such new port of the integrated surveillance and intrusion de- duction. entry will be located, the Committee on tection system at land ports of entry along (c) REPORT.—Not later than 6 months after Homeland Security and Governmental Af- the southern border and the northern border. the conclusion of the pilot program under fairs of the Senate, the Committee on Fi- (b) AUTHORIZATION OF APPROPRIATIONS.—In subsection (b), the Secretary shall submit a nance of the Senate, the Committee on Com- addition to amounts otherwise authorized to report containing the results of the pilot merce, Science, and Transportation of the be appropriated for such purpose, there is au- program and recommendations for using Senate, the Committee on the Judiciary of thorized to be appropriated $33,000,000, for such technology to— the Senate, the Committee on Homeland Se- each of the fiscal year 2018 through 2022, to (1) the Committee on Homeland Security curity of the House of Representatives, the carry out subsection (a). and Governmental Affairs of the Senate; Committee on Ways and Means of the House SEC. 1205. PILOT AND UPGRADE OF LICENSE (2) the Committee on the Judiciary of the of Representatives, the Committee on Trans- PLATE READERS AT PORTS OF Senate; portation and Infrastructure of the House of ENTRY. (3) the Committee on Homeland Security Representatives, and the Committee on the (a) UPGRADE.—Not later than 2 years after of the House of Representatives; and Judiciary of the House of Representatives. the date of the enactment of this Act, the (4) the Committee on the Judiciary of the Such notification shall include— Commissioner of U.S. Customs and Border House of Representatives. (A) information relating to the location of Protection shall upgrade all existing license (d) AUTHORIZATION OF APPROPRIATIONS.—In such new port of entry; plate readers on the northern border and on addition to amounts otherwise authorized to (B) a description of the need for such new the southern border on incoming and out- be appropriated, there are authorized to be port of entry and associated anticipated ben- going vehicle lanes. appropriated, for each of the fiscal years 2018 efits; (b) PILOT PROGRAM.—Not later than 90 days through 2022, $10,000,000 carry out this sec- (C) a description of the consultations un- after the date of the enactment of this Act, tion. dertaken by the Secretary and the Adminis- the Commissioner of U.S. Customs and Bor- SEC. 1207. NONINTRUSIVE INSPECTION OPER- trator pursuant to subsection (a)(2)(A); der Protection shall conduct a 1-month pilot ATIONAL DEMONSTRATION (D) any actions that will be taken to mini- program on the southern border using li- PROJECT. mize negative impacts of such new port of cense plate readers for 1 to 2 cargo lanes at (a) IN GENERAL.— entry; and the top 2 high-volume southern border land (1) ESTABLISHMENT.—Not later than 6 (E) the anticipated time line for the con- ports of entry or checkpoints and at the top months after the date of the enactment of struction and completion of such new port of 2 high-volume northern border land ports of this Act, the Commissioner shall establish a entry. entry or checkpoints to determine their ef- 6-month operational demonstration project (2) EXPANSION AND MODERNIZATION OF PORTS fectiveness in reducing cross-border wait to deploy a high-throughput nonintrusive OF ENTRY.—Not later than 180 days after the times for commercial traffic and tractor- passenger vehicle inspection system at not date of the enactment of this Act, the Sec- trailers. fewer than 3 land ports of entry along the retary and the Administrator of General (c) REPORT.—Not later than 180 days after United States-Mexico border with significant Services shall jointly notify the congres- the date of the enactment of this Act, the cross-border traffic. sional committees listed in paragraph (1) Secretary shall submit a report to the Com- (2) LOCATION.—The demonstration project of— mittee on Homeland Security and Govern- established under paragraph (1)— (A) the ports of entry on the southern bor- mental Affairs of the Senate, the Committee (A) shall be located within the pre-primary der selected for expansion or modernization on Finance of the Senate, the Committee on traffic flow; and pursuant to subsection (b); and the Judiciary of the Senate, the Committee (B) should be scalable to span up to 26 con- (B) the plan of the Secretary and the Ad- on Homeland Security of the House of Rep- tiguous in-bound traffic lanes without recon- ministrator for expanding or modernizing resentatives, the Committee on Ways and figuration of existing lanes. each such port of entry. Means of the House of Representatives, and (b) REPORT.—Not later than 90 days after (e) SAVINGS PROVISION.—Nothing in this the Committee on the Judiciary of the House the conclusion of the operational demonstra- section may be construed— of Representatives that contains the results tion project under subsection (a), the Com- (1) to create or negate any right of action of the pilot program under subsection (b) and missioner shall submit a report to the Com- for a State, local government, or other per- makes recommendations for using the tech- mittee on Homeland Security and Govern- son or entity affected by this section; nology described in such subsection on the mental Affairs of the Senate, the Committee (2) to delay the transfer of the possession southern border. on Finance of the Senate, the Committee on of property to the United States; (d) AUTHORIZATION OF APPROPRIATIONS.—In Homeland Security of the House of Rep- (3) to affect the validity of any property addition to amounts otherwise authorized to resentatives, and the Committee on Ways acquisitions by purchase or eminent domain be appropriated for such purpose, there is au- and Means of the House of Representatives or to otherwise affect the eminent domain thorized to be appropriated $125,000,000 for that describes— laws of the United States or of any State; or the 2-year period ending on September 30, (1) the effects of the demonstration project (4) to create any right or liability for any 2019, to carry out subsection (a). on legitimate travel and trade; party. SEC. 1206. BIOMETRIC TECHNOLOGY. (2) the effects of the demonstration project on wait times, including processing times, (f) RULE OF CONSTRUCTION.—Nothing in this (a) BIOMETRIC STORAGE.— for non-pedestrian traffic; and section may be construed as providing the (1) CREATION OR EXPANSION OF SYSTEM.— Secretary new authority related to the con- Not later than 180 days after the date of the (3) the effectiveness of the demonstration struction, acquisition, or renovation of real enactment of this Act, the Secretary shall project in combating terrorism and smug- property. create a system (or upgrade and expand the gling. SEC. 1203. SECURE COMMUNICATIONS. capability and capacity of an existing sys- SEC. 1208. BIOMETRIC EXIT DATA SYSTEM. (a) IN GENERAL.—The Secretary shall en- tem, if a Department of Homeland Security (a) IN GENERAL.—Subtitle B of title IV of sure that each U.S. Customs and Border Pro- system already has capability and capacity the Homeland Security Act of 2002 (6 U.S.C. tection and U.S. Immigration and Customs for storage) to allow for the storage of fin- 211 et seq.) is amended by inserting after sec- Enforcement officer or agent, if appropriate, gerprints, photographs, iris scans, voice tion 415 the following: is equipped with a secure radio or other 2- prints, and any other biometric data of ‘‘SEC. 416. BIOMETRIC ENTRY-EXIT. way communication device, supported by aliens that can be used by the Department of ‘‘(a) ESTABLISHMENT.—The Secretary— system interoperability, that allows each Homeland Security, other Federal agencies, ‘‘(1) not later than 180 days after the date such officer to communicate— and State and local law enforcement agen- of the enactment of this section, shall sub- (1) between ports of entry and inspection cies for identity verification, authentication, mit an implementation plan to the Com- stations; and background checks, and document produc- mittee on Homeland Security and Govern- (2) with other Federal, State, tribal, and tion. mental Affairs of the Senate, the Committee local law enforcement entities. (2) COMPATIBILITY.—The Secretary shall on the Judiciary of the Senate, the Com- (b) U.S. BORDER PATROL AGENTS.—The Sec- ensure, to the extent possible, that the sys- mittee on Homeland Security of the House of retary shall ensure that each U.S. Customs tem created or expanded under paragraph (1) Representatives, and the Committee on the

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.018 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S999 Judiciary of the House of Representatives for than 1 biometric mode, and shall be imple- ‘‘(B) identify visa holders who violate the establishing a biometric exit data system to mented to determine— terms of their visas. complete the integrated biometric entry and ‘‘(A) how a nationwide implementation of ‘‘(f) SCOPE.— exit data system required under section 7208 such biometric exit data system at land ‘‘(1) IN GENERAL.—The biometric exit data of the Intelligence Reform and Terrorism ports of entry shall be carried out; system established under this section shall Prevention Act of 2004 (8 U.S.C. 1365b), in- ‘‘(B) the infrastructure required to carry include a requirement for the collection of cluding— out subparagraph (A); biometric exit data at the time of departure ‘‘(A) an integrated master schedule and ‘‘(C) the effects of such pilot program on for all categories of individuals who are re- cost estimate, including requirements and legitimate travel and trade; quired by the Secretary to provide biometric design, development, operational, and main- ‘‘(D) the effects of such pilot program on entry data. tenance costs of such a system, that takes wait times, including processing times, for ‘‘(2) EXCEPTION FOR CERTAIN OTHER INDIVID- into account prior reports on such matters such nonpedestrian traffic; UALS.—This section shall not apply in the issued by the Government Accountability Of- ‘‘(E) the effects of such pilot program on case of an individual who exits and then en- fice and the Department; combating terrorism; and ters the United States on a passenger vessel ‘‘(B) cost-effective staffing and personnel ‘‘(F) the effects of such pilot program on (as such term is defined in section 2101 of requirements of such a system that leverages identifying visa holders who violate the title 46, United States Code) the itinerary of existing resources of the Department that terms of their visas. which originates and terminates in the takes into account prior reports on such ‘‘(2) EXPANSION TO LAND PORTS OF ENTRY.— United States. matters issued by the Government Account- ‘‘(A) IN GENERAL.—Not later than 5 years ‘‘(3) EXCEPTION FOR LAND PORTS OF ENTRY.— ability Office and the Department; after the date of the enactment of this sec- This section shall not apply in the case of a ‘‘(C) a consideration of training programs tion, the Secretary shall expand the biomet- United States or Canadian citizen who exits necessary to establish such a system that ric exit data system referred to in subsection the United States through a land port of takes into account prior reports on such (a)(2) to all land ports of entry. entry. matters issued by the Government Account- ‘‘(B) EXTENSION.—The Secretary may ex- ‘‘(g) COLLECTION OF DATA.—The Secretary ability Office and the Department; tend, for a single 2-year period, the date may not require any entity that is not part ‘‘(D) a consideration of how such a system specified in subparagraph (A) if the Sec- of the Federal Government to collect bio- will affect arrival and departure wait times retary certifies to the Committee on Home- metric data, or to contribute to the costs of that takes into account prior reports on such land Security and Governmental Affairs of collecting or administering the biometric matter issued by the Government Account- the Senate, the Committee on the Judiciary exit data system established under this sec- ability Office and the Department; of the Senate, the Committee on Homeland tion, except through a mutual agreement. ‘‘(E) information received after consulta- Security of the House of Representatives, ‘‘(h) MULTI-MODAL COLLECTION.—In car- tion with private sector stakeholders, in- and the Committee on the Judiciary of the rying out subsections (a)(1) and (b), the Sec- cluding the— House of Representatives that the 15 land retary shall make every effort to collect bio- ‘‘(i) trucking industry; ports of entry that support the highest vol- metric data using multiple modes of bio- ‘‘(ii) airport industry; ume of passenger vehicles, as determined by metrics. ‘‘(iii) airline industry; available Federal data, do not have the phys- ‘‘(i) FACILITIES.—All facilities at which the ‘‘(iv) seaport industry; ical infrastructure or characteristics to in- biometric exit data system established under ‘‘(v) travel industry; and stall the systems necessary to implement a this section is implemented shall provide ‘‘(vi) biometric technology industry; biometric exit data system. Such extension and maintain space for Federal use that is ‘‘(F) a consideration of how trusted trav- shall only apply to nonpedestrian outbound adequate to support biometric data collec- eler programs in existence as of the date of traffic. tion and other inspection-related activity. For non-federally owned facilities, such the enactment of this section may be im- ‘‘(3) EXPANSION TO AIR AND SEA PORTS OF space shall be provided and maintained at no pacted by, or incorporated into, such a sys- ENTRY.—Not later than 5 years after the date tem; of the enactment of this section, the Sec- cost to the Government. ‘‘(j) NORTHERN LAND BORDER.—The require- ‘‘(G) defined metrics of success and mile- retary shall expand the biometric exit data ments under subsections (a)(2)(C) and stones; system referred to in subsection (a)(2) to all (b)(2)(A) may be achieved on the northern ‘‘(H) identified risks and mitigation strate- air and sea ports of entry. land border through the sharing of biometric gies to address such risks; ‘‘(c) EFFECTS ON AIR, SEA, AND LAND data provided to the Department by the Ca- ‘‘(I) a consideration of how other countries TRANSPORTATION.—The Secretary, in con- nadian Border Services Agency pursuant to have implemented a biometric exit data sys- sultation with appropriate private sector the 2011 Beyond the Border agreement. tem; and stakeholders, shall ensure that the collec- ‘‘(k) FULL AND OPEN COMPETITION.—The ‘‘(J) a list of statutory, regulatory, or ad- tion of biometric data under this section causes the least possible disruption to the Secretary shall procure goods and services to ministrative authorities needed to integrate implement this section through full and open such a system into the operations of the movement of people or cargo in air, sea, or land transportation, while fulfilling the competition in accordance with the Federal Transportation Security Administration; Acquisition Regulation. and goals of improving counterterrorism efforts and identifying visa holders who violate the ‘‘(l) OTHER BIOMETRIC INITIATIVES.—The ‘‘(2) not later than 2 years after the date of Secretary may pursue biometric initiatives the enactment of this section, shall establish terms of their visas. ‘‘(d) TERMINATION OF PROCEEDING.—Not- at air, land, and sea ports of entry for the a biometric exit data system at— withstanding any other provision of law, the purposes of border security and trade facili- ‘‘(A) the 15 United States airports that sup- Secretary shall, on the date of the enact- tation distinct from the biometric exit data port the highest volume of international air ment of this section, terminate the pro- system described in this section. travel, as determined by available Federal ceeding entitled ‘Collection of Alien Biomet- ‘‘(m) CONGRESSIONAL REVIEW.—Not later flight data; ric Data Upon Exit From the United States than 90 days after the date of the enactment ‘‘(B) the 10 United States seaports that at Air and Sea Ports of Departure; United of this section, the Secretary shall submit support the highest volume of international States Visitor and Immigrant Status Indi- reports and recommendations to the Com- sea travel, as determined by available Fed- cator Technology Program (‘‘US-VISIT’’)’, mittee on Homeland Security and Govern- eral travel data; and issued on April 24, 2008 (73 Fed. Reg. 22065). mental Affairs of the Senate, the Committee ‘‘(C) the 15 United States land ports of ‘‘(e) DATA-MATCHING.—The biometric exit on the Judiciary of the Senate, the Com- entry that support the highest volume of ve- data system established under this section mittee on Homeland Security of the House of hicle, pedestrian, and cargo crossings, as de- shall— Representatives, and the Committee on the termined by available Federal border cross- ‘‘(1) match biometric information for an Judiciary of the House of Representatives re- ing data. individual who is departing the United garding the Science and Technology Direc- ‘‘(b) IMPLEMENTATION.— States against biometric data previously torate’s Air Entry and Exit Re-Engineering ‘‘(1) PILOT PROGRAM AT LAND PORTS OF provided to the United States Government Program of the Department and the U.S. ENTRY.—Not later than 6 months after the by such individual for the purposes of inter- Customs and Border Protection entry and date of the enactment of this section, the national travel; exit mobility program demonstrations. Secretary, in collaboration with industry ‘‘(2) leverage the infrastructure and data- ‘‘(n) SAVINGS CLAUSE.—Nothing in this sec- stakeholders, shall establish a 6-month pilot bases of the current biometric entry and exit tion may be construed to prohibit the collec- program to test the biometric exit data sys- system established pursuant to section 7208 tion of user fees permitted by section 13031 of tem referred to in subsection (a)(2) on non- of the Intelligence Reform and Terrorism the Consolidated Omnibus Budget Reconcili- pedestrian outbound traffic at not fewer Prevention Act of 2004 (8 U.S.C. 1365b) for the ation Act of 1985 (19 U.S.C. 58c).’’. than 3 land ports of entry with significant purpose described in paragraph (1); and (b) CLERICAL AMENDMENT.—The table of cross-border traffic, including at not fewer ‘‘(3) be interoperable with, and allow contents in section 1(b) of the Homeland Se- than 2 land ports of entry on the southern matching against, other Federal databases curity Act of 2002 is amended by inserting land border and at least 1 land port of entry that— after the item relating to section 415 the fol- on the northern land border. Such pilot pro- ‘‘(A) store biometrics of known or sus- lowing: gram may include a consideration of more pected terrorists; and ‘‘Sec. 416. Biometric entry-exit.’’.

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SEC. 1209. SENSE OF CONGRESS ON COOPERA- (9) $2,371,000,000 is appropriated for fiscal ‘‘(A) IN GENERAL.—The drug or substance— TION BETWEEN AGENCIES. year 2026, and shall remain available through ‘‘(i) has— (a) FINDING.—Congress finds that personnel September 30, 2030; and ‘‘(I) a chemical structure that is substan- constraints exist at land ports of entry with (10) $2,342,000,000 is appropriated for fiscal tially similar to the chemical structure of a regard to sanitary and phytosanitary inspec- year 2027, and shall remain available through controlled substance in schedule I, II, III, IV, tions for exported goods. September 30, 2031. or V; and (b) SENSE OF CONGRESS.—It is the sense of (c) TACTICAL INFRASTRUCTURE.— ‘‘(II) an actual or predicted stimulant, de- Congress that, in the best interest of cross- (1) TRANSFERS.—The Secretary shall trans- pressant, or hallucinogenic effect on the cen- border trade and the agricultural commu- fer, from the Fund to the ‘‘U.S. Customs and tral nervous system that is substantially nity— Border Protection—Procurement, Construc- similar to or greater than the stimulant, de- (1) any lack of certified personnel for in- tion and Improvements’’ account, for the pressant, or hallucinogenic effect on the cen- spection purposes at ports of entry should be purpose described in subsection (a)(1), tral nervous system of a controlled sub- addressed by seeking cooperation between $18,000,000,000, of which— stance in schedule I, II, III, IV, or V; and agencies and departments of the United (A) $1,571,000,000 shall be transferred in fis- ‘‘(ii) is not— States, whether in the form of a memo- cal year 2018; ‘‘(I) listed or otherwise included in any randum of understanding or through a cer- (B) $1,600,000,000 shall be transferred in fis- other schedule in this section or by regula- tification process, whereby additional exist- cal year 2019; tion of the Attorney General; and ing agents are authorized for additional (C) $1,842,000,000 shall be transferred in fis- ‘‘(II) with respect to a particular person, hours to facilitate the crossing and trade of cal year 2020; subject to an exemption that is in effect for perishable goods in a manner consistent with (D) $2,019,000,000 shall be transferred in fis- investigational use, for that person, under rules of the Department of Agriculture; and cal year 2021; section 505 of the Federal Food, Drug, and (2) cross designation should be available (E) $2,237,000,000 shall be transferred in fis- Cosmetic Act (21 U.S.C. 355) to the extent for personnel who will assist more than 1 cal year 2022; conduct with respect to such substance is agency or department at land ports of entry (F) $1,745,000,000 shall be transferred in fis- pursuant to such exemption. to facilitate increased trade and commerce. cal year 2023; ‘‘(B) PREDICTED STIMULANT, DEPRESSANT, Subtitle C—Border Security Enforcement (G) $1,746,000,000 shall be transferred in fis- OR HALLUCINOGENIC EFFECT.—For purpose of Fund cal year 2024; this paragraph, a predicted stimulant, de- pressant, or hallucinogenic effect on the cen- SEC. 1301. BORDER SECURITY ENFORCEMENT (H) $1,776,000,000 shall be transferred in fis- cal year 2025; tral nervous system may be based on— FUND. ‘‘(i) the chemical structure, structure ac- (a) PURPOSE.—There shall be established in (I) $1,746,000,000 shall be transferred in fis- cal year 2026; and tivity relationships, binding receptor assays, the Treasury of the United States a Border or other relevant scientific information Security Enforcement Fund (referred to in (J) $1,718,000,000 shall be transferred in fis- cal year 2027. about the substance; this section as the ‘‘Fund’’), to be adminis- ‘‘(ii)(I) the current or relative potential for tered through the Department of Homeland (2) AVAILABILITY OF FUNDS.—Notwith- standing section 1532 of title 31, United abuse of the substance; and Security and, in fiscal year 2018 only, ‘‘(II) the clandestine importation, manu- through the Department of State only with States Code, any amounts transferred pursu- ant to paragraph (1) shall merge with the facture, or distribution, or diversion from le- respect to section 1120, which shall be avail- gitimate channels, of the substance; or able to carry out activities necessary to im- ‘‘U.S. Customs and Border Protection—Pro- curement, Construction and Improvements’’ ‘‘(iii) the capacity of the substance to plement this Act and other Acts related to cause a state of dependence, including phys- border security, including— account and remain available until ex- pended. ical or psychological dependence that is (1) the design, planning, construction, in- similar to or greater than that of a con- stallation, deployment, operation, and main- (d) TRANSFER TO DEPARTMENT OF STATE.— During fiscal year 2018, the Secretary shall trolled substance in schedule I, II, III, IV, or tenance of tactical infrastructure, tech- V.’’; and nology, including physical barriers, and nec- transfer $200,000,000 to the Secretary of State to implement section 1120. (3) in subsection (c)— essary mobility access and personnel support (A) in the matter preceding schedule I, by (e) TRANSFER AUTHORITY.—In addition to infrastructure in the vicinity of the United the amounts transferred by the Secretary striking ‘‘IV, and V’’ and inserting ‘‘IV, V, States border— pursuant to subsection (c) and to the Sec- and A’’; and (A) to achieve situational awareness and retary of State pursuant to subsection (d), (B) by adding at the end the following: operational control of such border; the Committee on Appropriations of the Sen- ‘‘SCHEDULE A (B) to deter, impede, and detect illegal ac- ate and the Committee on Appropriations of ‘‘(a) Unless specifically excepted or unless tivity; or the House of Representatives may provide, in listed in another schedule, any of the fol- (C) to implement other border security a subsequent appropriation, for the transfer lowing substances, as scheduled in accord- provisions under titles I and II; of amounts in the Fund to the Department of ance with section 201(k)(5): (2) the implementation of port of entry Homeland Security to eligible activities ‘‘(1) 4-fluoroisobutyryl fentanyl. provisions under titles I and II; under this section. ‘‘(2) Valeryl fentanyl. (3) the purchase of new aircraft, vessels, (f) USE OF FUND.—If the Committee on Ap- ‘‘(3) 4-methoxybutyryl fentanyl. spare parts, and equipment to maintain such propriations of the Senate and the Com- ‘‘(4) 4-methylphenethyl acetyl fentanyl. craft; and mittee on Appropriations of the House of ‘‘(5) 3-furanyl fentanyl. (4) hiring and recruitment. Representatives do not provide for the full ‘‘(6) Ortho-fluorofentanyl. (b) FUNDING.—There are appropriated to transfer of funds pursuant to subsection (e) ‘‘(7) Tetrahydrofuranyl fentanyl. the Fund, out of any amounts in the Treas- in an appropriation enacted in the fiscal year ‘‘(8) Ocfentanil. ury not otherwise appropriated, in which such funds are made available from ‘‘(9) 4-fluorobutyryl fentanyl. $25,000,000,000, of which— the Fund pursuant to subsection (b), the Sec- ‘‘(10) Methoxyacetyl fentanyl. (1) $2,947,000,000 is appropriated for fiscal retary of Homeland Security may transfer ‘‘(11) Meta-fluorofentanyl. year 2018, and shall remain available through any remaining amounts in the Fund to ac- ‘‘(12) Isobutyryl fentanyl. September 30, 2022; counts within the Department of Homeland ‘‘(13) Acryl fentanyl.’’. (2) $2,225,000,000 is appropriated for fiscal Security for eligible activities under this SEC. 1403. TEMPORARY AND PERMANENT SCHED- year 2019, and shall remain available through section. ULING OF SCHEDULE A SUB- September 30, 2023; STANCES. Subtitle D—Stop the Importation and (3) $2,467,000,000 is appropriated for fiscal Section 201 of the Controlled Substances year 2020, and shall remain available through Trafficking of Synthetic Analogues Act Act (21 U.S.C. 811) is amended by adding at September 30, 2024; SEC. 1401. SHORT TITLES. the end the following: (4) $2,644,000,000 is appropriated for fiscal This subtitle may be cited as the ‘‘Stop the ‘‘(k) TEMPORARY AND PERMANENT SCHED- year 2021, and shall remain available through Importation and Trafficking of Synthetic ULING OF SCHEDULE A SUBSTANCES.— September 30, 2025; Analogues Act of 2018’’ or the ‘‘SITSA Act’’. ‘‘(1) The Attorney General may issue a (5) $2,862,000,000 is appropriated for fiscal SEC. 1402. ESTABLISHMENT OF SCHEDULE A. temporary order adding a drug or substance year 2022, and shall remain available through Section 202 of the Controlled Substances to schedule A if the Attorney General finds September 30, 2026; Act (21 U.S.C. 812) is amended— that— (6) $2,370,000,000 is appropriated for fiscal (1) in subsection (a), by striking ‘‘five ‘‘(A) the drug or other substance satisfies year 2023, and shall remain available through schedules of controlled substances, to be the criteria for being considered a schedule A September 30, 2027; known as schedules I, II, III, IV, and V’’ and substance; and (7) $2,371,000,000 is appropriated for fiscal inserting ‘‘six schedules of controlled sub- ‘‘(B) adding such drug or substance to year 2024, and shall remain available through stances, to be known as schedules I, II, III, schedule A will assist in preventing abuse or September 30, 2028; IV, V, and A’’; misuse of the drug or other substance. (8) $2,401,000,000 is appropriated for fiscal (2) in subsection (b), by adding at the end ‘‘(2)(A) A temporary scheduling order year 2025, and shall remain available through the following: issued under paragraph (1) shall not take ef- September 30, 2029; ‘‘(6) SCHEDULE A.— fect until 30 days after the date on which the

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.018 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S1001 Attorney General publishes a notice in the (B) in paragraph (9), by striking the period quired under the Federal Food, Drug, and Federal Register of the intention to issue at the end and inserting ‘‘; or’’; and Cosmetic Act. such order and the grounds upon which such (C) by inserting after paragraph (9) the fol- ‘‘(B) A product is described in this subpara- order is to be issued. lowing: graph if the product— ‘‘(B) The Attorney General may amend, ‘‘(10) to export a substance in violation of ‘‘(i) is the subject of an approved applica- withdraw, or rescind a temporary scheduling the controlled substance laws of the country tion as described in section 505(b) or (j) of the order at any time by publication of a notice to which the substance is exported.’’; and Federal Food, Drug, and Cosmetic Act; or in the Federal Register. (3) in section 404 (21 U.S.C. 844), by insert- ‘‘(ii) is exempt from the provisions of sec- ‘‘(C) Subject to paragraph (B), the tem- ing after subsection (a) the following: tion 505 of such Act relating to new drugs be- porary scheduling order shall expire not ‘‘(b) A person shall not be subject to a cause— later than 5 years after the date on which it criminal or civil penalty under this title or ‘‘(I) it is intended solely for investigational becomes effective, except that the Attorney under any other Federal law solely for pos- use as described in section 505(i) of such Act; General may, during the pendency of pro- session of a schedule A controlled sub- and ceedings under paragraph (5), extend the stance.’’. ‘‘(II) such product is being used exclusively temporary scheduling order for up to 180 (b) CONTROLLED SUBSTANCES IMPORT AND for purposes of a clinical trial that is the days. EXPORT ACT.—Section 1010(b) of the Con- subject of an effective investigational new ‘‘(3) A temporary scheduling order issued trolled Substances Import and Export Act (21 drug application.’’. under paragraph (1) shall be vacated upon U.S.C. 960(b)) is amended by adding at the (b) PENALTIES.—Section 402 of the Con- the issuance of a permanent order issued end the following: trolled Substances Act (21 U.S.C. 842) is under paragraph (5) with regard to the same ‘‘(8) In the case of a violation under sub- amended— substance, or upon the subsequent issuance section (a) involving a controlled substance (1) in subsection (a)(16), by inserting ‘‘or of any scheduling order under this section. in schedule A, the person committing such subsection (f)’’ after ‘‘subsection (e)’’; and ‘‘(4) A temporary scheduling order issued violation shall be sentenced to a term of im- (2) in subsection (c)(1)(D), by inserting ‘‘or under paragraph (1) shall not be subject to prisonment of not more than 20 years and if a schedule A substance’’ after ‘‘anabolic ster- judicial review. death or serious bodily injury results from oid’’. ‘‘(5) The Attorney General may, by rule, the use of such substance shall be sentenced SEC. 1406. REGISTRATION REQUIREMENTS FOR issue a permanent order adding a drug or to a term of imprisonment for any term of HANDLERS OF SCHEDULE A SUB- other substance to schedule A if such drug or years or for life, a fine not to exceed the STANCES. (a) CONTROLLED SUBSTANCES ACT.—Section substance satisfies the criteria for being con- greater of that authorized in accordance 303 of the Controlled Substances Act (21 sidered a schedule A substance. Such rule- with the provisions of title 18, United States U.S.C. 823) is amended— making may be commenced simultaneously Code, or $1,000,000 if the defendant is an indi- (1) in subsection (f), in the undesignated with the issuance of the temporary sched- vidual or $5,000,000 if the defendant is other uling order issued under paragraph (1) with matter following paragraph (5)— than an individual, or both. If any person regard to the same substance. (A) by inserting ‘‘or A’’ after ‘‘schedule I’’ commits such a violation after a prior con- ‘‘(6) Before initiating proceedings under each place it appears; and viction for a felony drug offense has become paragraph (1) or (5), the Attorney General (B) by adding at the end the following: ‘‘A final, such person shall be sentenced to a shall transmit notice of an order proposed to separate registration for engaging in re- term of imprisonment of not more than 30 be issued to the Secretary of Health and search with a controlled substance in sched- years and if death or serious bodily injury Human Services. In issuing an order under ule A for practitioners already registered results from the use of such substance shall paragraph (1) or (5), the Attorney General under this part to engage in research with be sentenced to a term of imprisonment for shall take into consideration any comments controlled substances in schedule I shall not any term of years or for life, a fine not to ex- submitted by the Secretary of Health and be required. The Secretary shall determine ceed the greater of twice that authorized in Human Services in response to a notice the merits of the research protocol sub- accordance with the provisions of title 18, transmitted pursuant to this paragraph.’’. mitted by the practitioner registering to en- United States Code, or $2,000,000 if the de- SEC. 1404. PENALTIES. gage in research with a controlled substance fendant is an individual or $10,000,000 if the (a) CONTROLLED SUBSTANCES ACT.—The in schedule A, and the Attorney General may defendant is other than an individual, or Controlled Substances Act (21 U.S.C. 801 et deny or revoke the registration only on a both. Notwithstanding section 3583 of title seq.) is amended— ground specified in section 304.’’; and 18, United States Code, any sentence impos- (1) in section 401(b)(1) (21 U.S.C. 841(b)(1)), (2) by adding at the end the following: by adding at the end the following: ing a term of imprisonment under this para- ‘‘(k)(1) The Attorney General shall register ‘‘(F)(i) In the case of any controlled sub- graph shall, in the absence of such a prior an applicant to manufacture schedule A sub- stance in schedule A, such person shall be conviction, impose a term of supervised re- stances if— sentenced to a term of imprisonment of not lease of not less than 3 years in addition to ‘‘(A) the applicant demonstrates that the more than 10 years and if death or serious such term of imprisonment and shall, if schedule A substances will be used for re- bodily injury results from the use of such there was such a prior conviction, impose a search, analytical, or industrial purposes ap- substance shall be sentenced to a term of im- term of supervised release of not less than 6 proved by the Attorney General; and prisonment of not more than 15 years, a fine years in addition to such term of imprison- ‘‘(B) the Attorney General determines that not to exceed the greater of that authorized ment. Notwithstanding the prior sentence, such registration is consistent with the pub- in accordance with the provisions of title 18, and notwithstanding any other provision of lic interest and with the United States obli- United States Code, or $500,000 if the defend- law, the court shall not place on probation gations under international treaties, conven- ant is an individual or $2,500,000 if the de- or suspend the sentence of any person sen- tions, or protocols in effect on the date of en- fendant is other than an individual, or both. tenced under the provisions of this para- actment of this subsection. ‘‘(ii) If any person commits such a viola- graph which provide for a mandatory term of ‘‘(2) In determining the public interest tion after a prior conviction for a felony imprisonment if death or serious bodily in- under paragraph (1)(B), the Attorney General drug offense has become final, such person jury results.’’. shall consider— shall be sentenced to a term of imprisonment SEC. 1405. FALSE LABELING OF SCHEDULE A ‘‘(A) maintenance of effective controls of not more than 20 years and if death or se- CONTROLLED SUBSTANCES. against diversion of particular controlled rious bodily injury results from the use of (a) IN GENERAL.—Section 305 of the Con- substances and any controlled substance in such substance shall be sentenced to a term trolled Substances Act (21 U.S.C. 825) is schedule A compounded therefrom into other of imprisonment of not more than 30 years, amended by adding at the end the following: than legitimate medical, scientific, research, a fine not to exceed the greater of twice that ‘‘(f) FALSE LABELING OF SCHEDULE A CON- or industrial channels, by limiting the im- authorized in accordance with the provisions TROLLED SUBSTANCES.— portation and bulk manufacture of such con- of title 18, United States Code, or $1,000,000 if ‘‘(1) It shall be unlawful to import, export, trolled substances to a number of establish- the defendant is an individual or $5,000,000 if manufacture, distribute, dispense, or possess ments which can produce an adequate and the defendant is other than an individual, or with intent to manufacture, distribute, or uninterrupted supply of these substances both. dispense, a schedule A substance or product under adequately competitive conditions for ‘‘(iii) Any sentence imposing a term of im- containing a schedule A substance, unless legitimate medical, scientific, research, and prisonment under this subparagraph shall, in the substance or product bears a label clear- industrial purposes; the absence of such a prior conviction, im- ly identifying a schedule A substance or ‘‘(B) compliance with applicable State and pose a term of supervised release of not less product containing a schedule A substance local law; than 2 years in addition to such term of im- by the nomenclature used by the Inter- ‘‘(C) promotion of technical advances in prisonment and shall, if there was such a national Union of Pure and Applied Chem- the art of manufacturing substances de- prior conviction, impose a term of supervised istry. scribed in subparagraph (A) and the develop- release of not less than 4 years in addition to ‘‘(2)(A) A product described in subpara- ment of new substances; such term of imprisonment.’’; graph (B) is exempt from the International ‘‘(D) prior conviction record of applicant (2) in section 403(a) (21 U.S.C. 843(a))— Union of Pure and Applied Chemistry no- under Federal and State laws relating to the (A) in paragraph (8), by striking ‘‘or’’ at menclature requirement of this subsection if manufacture, distribution, or dispensing of the end; such product is labeled in the manner re- substances described in paragraph (A);

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.018 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S1002 CONGRESSIONAL RECORD — SENATE February 14, 2018 ‘‘(E) past experience in the manufacture of ‘‘(2) In determining the public interest (A) by striking ‘‘schedule I(c) and’’ and in- controlled substances, and the existence in under paragraph (1)(B), the Attorney General serting ‘‘schedule I(c), schedule A, and’’; and the establishment of effective control shall consider the factors described in sub- (B) by striking ‘‘schedule I(c),’’ and insert- against diversion; and paragraphs (A) through (F) of section ing ‘‘schedule I(c) and schedule A,’’; and ‘‘(F) such other factors as may be relevant 303(k)(2). (3) in paragraph (32)(A), by striking to and consistent with the public health and ‘‘(3) If an applicant is registered to import ‘‘(32)(A)’’ and all that follows through clause safety. or export a controlled substance in schedule (iii) and inserting the following: ‘‘(3) If an applicant is registered to manu- I or II under subsection (a), the applicant ‘‘(32)(A) Except as provided in subpara- facture controlled substances in schedule I shall not be required to apply for a separate graph (C), the term ‘controlled substance or II under subsection (a), the applicant shall registration under this subsection.’’. analogue’ means a substance whose chemical not be required to apply for a separate reg- SEC. 1407. ADDITIONAL CONFORMING AMEND- structure is substantially similar to the istration under this subsection. MENTS. chemical structure of a controlled substance ‘‘(l)(1) The Attorney General shall register (a) CONTROLLED SUBSTANCES ACT.—The in schedule I or II— an applicant to distribute schedule A sub- Controlled Substances Act (21 U.S.C. 801 et ‘‘(i) which has a stimulant, depressant, or stances— seq.) is amended— hallucinogenic effect on the central nervous ‘‘(A) if the applicant demonstrates that the (1) in section 303(c) (21 U.S.C. 823(c))— system that is substantially similar to or schedule A substances will be used for re- (A) by striking ‘‘subsections (a) and (b)’’ greater than the stimulant, depressant, or search, analytical, or industrial purposes ap- and inserting ‘‘subsection (a), (b), (k), or (l)’’; hallucinogenic effect on the central nervous proved by the Attorney General; and and system of a controlled substance in schedule ‘‘(B) unless the Attorney General deter- (B) by striking ‘‘schedule I or II’’ and in- I or II; or mines that the issuance of such registration serting ‘‘schedule I, II, or A’’; ‘‘(ii) with respect to a particular person, is inconsistent with the public interest. (2) in section 306 (21 U.S.C. 826)— which such person represents or intends to ‘‘(2) In determining the public interest (A) in subsection (a), in the first sentence, have a stimulant, depressant, or hallucino- under paragraph (1)(B), the Attorney General by striking ‘‘schedules I and II’’ and insert- genic effect on the central nervous system shall consider— ing ‘‘schedules I, II, and A’’; that is substantially similar to or greater ‘‘(A) maintenance of effective control (B) in subsection (b), in the second sen- than the stimulant, depressant, or hallucino- against diversion of particular controlled tence, by striking ‘‘schedule I or II’’ and in- genic effect on the central nervous system of substances into other than legitimate med- serting ‘‘schedule I, II, or A’’; a controlled substance in schedule I or II.’’. ical, scientific, and industrial channels; (C) in subsection (c), in the first sentence, SEC. 1409. RULES OF CONSTRUCTION. ‘‘(B) compliance with applicable State and by striking ‘‘schedules I and II’’ and insert- Nothing in this subtitle, or the amend- local law; ing ‘‘schedules I, II, and A’’; ments made by this subtitle, may be con- ‘‘(C) prior conviction record of applicant (D) in subsection (d), in the first sentence, strued to limit— under Federal or State laws relating to the by striking ‘‘schedule I or II’’ and inserting (1) the prosecution of offenses involving manufacture, distribution, or dispensing of ‘‘schedule I, II, or A’’; controlled substance analogues under the substances described in subparagraph (A); (E) in subsection (e), in the first sentence, Controlled Substances Act (21 U.S.C. 801 et ‘‘(D) past experience in the distribution of by striking ‘‘schedule I or II’’ and inserting seq.); or controlled substances; and ‘‘schedule I, II, or A’’; and (2) the authority of the Attorney General ‘‘(E) such other factors as may be relevant (F) in subsection (f), in the first sentence, to temporarily or permanently schedule, re- to and consistent with the public health and by striking ‘‘schedules I and II’’ and insert- schedule, or decontrol controlled substances safety. ing ‘‘schedules I, II, and A’’; under provisions of section 201 of the Con- ‘‘(3) If an applicant is registered to dis- (3) in section 308(a) (21 U.S.C. 828(a)), by trolled Substances Act (21 U.S.C. 811) that tribute a controlled substance in schedule I striking ‘‘schedule I or II’’ and inserting are in effect on the day before the date of en- or II under subsection (b), the applicant shall ‘‘schedule I, II, or A’’; actment of this Act. not be required to apply for a separate reg- (4) in section 402(b) (21 U.S.C. 842(b)), in the istration under this subsection. matter preceding paragraph (1), by striking Subtitle E—Domestic Security ‘‘(m)(1) Not later than 90 days after the ‘‘schedule I or II’’ and inserting ‘‘schedule I, CHAPTER 1—GENERAL MATTERS date on which a substance is placed in sched- II, or A’’; SEC. 1501. KEEP OUR COMMUNITIES SAFE ACT. ule A, any practitioner who was engaged in (5) in section 403(a)(1) (21 U.S.C. 843(a)(1)), (a) IN GENERAL.—Section 236 of the Immi- research on the substance before the place- by striking ‘‘schedule I or II’’ and inserting gration and Nationality Act (8 U.S.C. 1226) is ment of the substance in schedule A and any ‘‘schedule I, II, or A’’; and amended by striking the section designation manufacturer or distributor who was han- (6) in section 511(f) (21 U.S.C. 881(f)), by and heading and all that follows through the dling the substance before the placement of striking ‘‘schedule I or II’’ each place it ap- period at the end of subsection (c) and insert- the substance in schedule A shall register pears and inserting ‘‘schedule I, II, or A’’. ing the following: with the Attorney General. (b) CONTROLLED SUBSTANCES IMPORT EX- ‘‘(2)(A) Not later than 60 days after the PORT ACT.—The Controlled Substances Im- ‘‘SEC. 236. APPREHENSION AND DETENTION OF date on which the Attorney General receives port and Export Act (21 U.S.C. 951 et seq.) is ALIENS. an application for registration to conduct re- amended— ‘‘(a) ARREST, DETENTION, AND RELEASE.— search on a schedule A substance, the Attor- (1) in section 1002(a) (21 U.S.C. 952(a))— ‘‘(1) IN GENERAL.—The Secretary, on a war- ney General shall— (A) in the matter preceding paragraph (1), rant issued by the Secretary, may arrest an ‘‘(i) grant, or initiate proceedings under by striking ‘‘schedule I or II’’ and inserting alien and detain the alien pending a decision section 304(c) to deny, the application; or ‘‘schedule I, II, or A’’; and on whether the alien is to be removed from ‘‘(ii) request supplemental information (B) in paragraph (2), by striking ‘‘schedule the United States until the date on which from the applicant. I or II’’ and inserting ‘‘schedule I, II, or A’’; the alien has an administratively final order ‘‘(B) Not later than 30 days after the date (2) in section 1003 (21 U.S.C. 953)— of removal. Except as provided in subsection on which the Attorney General receives sup- (A) in subsection (c), in the matter pre- (c) and pending such decision, the Sec- plemental information requested under sub- ceding paragraph (1), by striking ‘‘schedule I retary— paragraph (A)(ii) in connection with an ap- or II’’ and inserting ‘‘schedule I, II, or A’’; ‘‘(A) may— plication described in subparagraph (A), the and ‘‘(i) continue to detain the arrested alien if Attorney General shall grant or deny the ap- (B) in subsection (d), by striking ‘‘schedule the Secretary or the Attorney General deter- plication.’’. I or II’’ and inserting ‘‘schedule I, II, or A’’; mines that continued detention is war- (b) CONTROLLED SUBSTANCES IMPORT AND (3) in section 1004(1) (21 U.S.C. 954(1)), by ranted; EXPORT ACT.—Section 1008 of the Controlled striking ‘‘schedule I’’ and inserting ‘‘sched- ‘‘(ii) release the alien on bond of at least Substances Import and Export Act (21 U.S.C. ule I or A’’; $5,000, with security approved by, and con- 958) is amended by adding at the end the fol- (4) in section 1005 (21 U.S.C. 955), by strik- taining conditions prescribed by, the Sec- lowing: ing ‘‘schedule I or II’’ and inserting ‘‘sched- retary or the Attorney General; or ‘‘(j)(1) The Attorney General shall register ule I, II, or A’’; and ‘‘(iii) release the alien on his or her own re- an applicant to import or export a schedule (5) in section 1009(a) (21 U.S.C. 959(a)), by cognizance, subject to appropriate condi- A substance if— striking ‘‘schedule I or II’’ and inserting tions set forth by the Secretary or the Attor- ‘‘(A) the applicant demonstrates that the ‘‘schedule I, II, or A’’. ney General, if the Secretary or the Attor- schedule A substances will be used for re- SEC. 1408. CLARIFICATION OF THE DEFINITION ney General determines that the alien will search, analytical, or industrial purposes ap- OF CONTROLLED SUBSTANCE ANA- not pose a danger to the safety of other per- proved by the Attorney General; and LOGUE UNDER THE ANALOGUE EN- sons or of property and is likely to appear ‘‘(B) the Attorney General determines that FORCEMENT ACT. for any scheduled proceeding; and such registration is consistent with the pub- Section 102 of the Controlled Substances ‘‘(B) may not provide the alien with work lic interest and with the United States obli- Act (21 U.S.C. 802) is amended— authorization (including an ‘employment au- gations under international treaties, conven- (1) in paragraph (6), by striking ‘‘or V’’ and thorized’ endorsement or other appropriate tions, or protocols in effect on the date of en- inserting ‘‘V, or A’’; work permit) or advance parole to travel actment of this subsection. (2) in paragraph (14)— outside of the United States, unless the alien

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is lawfully admitted for permanent residence SEC. 1502. DETERRING VISA OVERSTAYS. ‘‘(iii) EXCEPTION.—The Secretary may, in or otherwise would (without regard to re- (a) ADMISSION OF NONIMMIGRANTS.—Section the Secretary’s sole and unreviewable discre- moval proceedings) be provided such author- 214 of the Immigration and Nationality Act tion, determine that a nonimmigrant is not ization. (8 U.S.C. 1184) is amended by striking the subject to clause (ii) if— ‘‘(b) REVOCATION OF BOND OR PAROLE.—The section designation and heading and all that ‘‘(I) the alien was lawfully inspected and Secretary, at any time, may revoke bond or follows through the end of subsection (a)(1) admitted to the United States as a non- parole authorized under subsection (a), re- and inserting the following: immigrant; arrest the alien under the original warrant, ‘‘SEC. 214. ADMISSION OF NONIMMIGRANTS. ‘‘(II) the alien filed a nonfrivolous applica- and detain the alien. ‘‘(a) IN GENERAL.— tion for change of status to another non- ‘‘(c) MANDATORY DETENTION OF CRIMINAL ‘‘(1) TERMS AND CONDITIONS OF ADMISSION.— immigrant category or for an extension of ALIENS.— stay before the date on which the alien’s au- ‘‘(A) IN GENERAL.—Subject to subpara- ‘‘(1) CRIMINAL ALIENS.—The Secretary shall graphs (B) and (C), the admission to the thorized period of stay as a nonimmigrant take into custody and continue to detain any expired; alien at any time if the alien— United States of any alien as a non- immigrant may be for such time and under ‘‘(III) the alien has not been employed ‘‘(A)(i) has not been admitted or paroled without authorization in the United States, into the United States; and such conditions as the Secretary may pre- scribe, in his or her sole and unreviewable before or during pendency of the application ‘‘(ii) was apprehended anywhere within 100 referred to in subclause (II); discretion, including when the Secretary miles of the international border of the ‘‘(IV) the alien has not otherwise violated deems necessary the giving of a bond with United States; the terms of the alien’s nonimmigrant sta- sufficient surety in such sum and containing ‘‘(B) is inadmissible by reason of having tus; and such conditions as the Secretary shall pre- committed any offense covered in section ‘‘(V) the Secretary, in the Secretary’s sole scribe, to ensure that at the expiration of 212(a)(2); and unreviewable discretion, determines that such time or upon failure to maintain the ‘‘(C) is deportable by reason of having com- the alien is not a threat to national security status under which the alien was admitted, mitted any offense covered in section or public safety. or to maintain any status subsequently ac- 237(a)(2); ‘‘(iv) DETENTION AND EXPEDITED REMOVAL.— quired under section 248, such alien will de- ‘‘(D) is convicted for an offense under sec- An alien described in clause (ii) who remains part from the United States. tion 275(a); in the United States more than 30 days after ‘‘(B) GUAM OR CNMI VISA WAIVER NON- ‘‘(E) is convicted for an offense under sec- the date on which the period of stay author- IMMIGRANTS.—No alien admitted to Guam or tion 276; ized by the Secretary ends, without good the Commonwealth of the Northern Mariana ‘‘(F) is convicted for any felony; or cause, shall be detained and the Secretary Islands without a visa pursuant to section ‘‘(G) is inadmissible under subparagraph shall expeditiously remove the alien from 212(l) may be authorized to enter or stay in (A) or (B) of section 212(a)(3) or deportable the United States not later than 90 days the United States, other than in Guam or the under subparagraph (A) or (B) of section after the date on which the alien is detained. 237(a)(4). Commonwealth of the Northern Mariana Is- ‘‘(v) LIMITATION ON JUDICIAL REVIEW.—Not- lands, or to remain in Guam or the Common- ‘‘(2) RELEASE.— withstanding any other provision of law ‘‘(A) IN GENERAL.—Except as provided in wealth of the Northern Mariana Islands for a (statutory or nonstatutory), including sec- subparagraph (B), the Secretary may release period exceeding 45 days after the date on tion 2241 of title 28, United States Code, any an alien described in paragraph (1) only if which the alien was admitted to Guam or the other habeas corpus provision, or sections the Secretary decides pursuant to section Commonwealth of the Northern Mariana Is- 1361 and 1651 of such title, no court shall 3521 of title 18, United States Code, and in lands. have jurisdiction to review any cause or accordance with a procedure that considers ‘‘(C) VISA WAIVER PROGRAM NON- claim, arising from, or relating to, the deten- the severity of the offense committed by the IMMIGRANTS.—An alien admitted to the tion and expedited removal of an alien pursu- alien, that— United States without a visa pursuant to ant to clause (iv).’’. ‘‘(i) release of the alien from custody is section 217 shall not be authorized to remain (b) VISA WAIVER PROGRAM WAIVER OF in the United States as a nonimmigrant vis- necessary to provide protection to— RIGHTS.—Section 217(b) of the Immigration ‘‘(I) a witness; itor for a period exceeding 90 days from the and Nationality Act (8 U.S.C. 1187(b)) is ‘‘(II) a potential witness; date on which the alien was admitted. amended to read as follows: ‘‘(III) a person cooperating with an inves- ‘‘(D) BAR TO IMMIGRATION BENEFITS AND TO ‘‘(b) WAIVER OF RIGHTS.—An alien may not tigation into major criminal activity; or CONTESTING REMOVAL.— be provided a waiver under the program un- ‘‘(IV) an immediate family member or ‘‘(i) DEFINITION OF GOOD CAUSE.—In this less the alien has— close associate of a witness, potential wit- subparagraph, the term ‘good cause’ means ‘‘(1) signed, under penalty of perjury, an ness, or person cooperating with such an in- extreme exigent humanitarian cir- acknowledgement confirming that the alien vestigation; and cumstances, determined on a case-by-case was notified and understands that he or she ‘‘(ii) the alien demonstrates to the satis- basis only, such as a medical emergency or will be— faction of the Secretary that the alien— force majeure. ‘‘(A) ineligible for any form of relief or im- ‘‘(I) is not a flight risk; ‘‘(ii) CONSEQUENCE OF OVERSTAY.—Subject migration benefit under the Act or any other ‘‘(II) poses no danger to the safety of other to clause (iii), except for an alien admitted immigration laws, including sections persons or of property; as a nonimmigrant under of subparagraph 240A(b)(1), 240B(b), 245, 248, and 249 (other ‘‘(III) is not a threat to national security (A)(i), (A)(ii), (G)(i), (G)(ii), or (G)(iii) of sec- than a request for asylum), relief as a victim or public safety; and tion 101(a)(15) or as a NATO–1, 2, 3, 4, 5, or 6 of trafficking under section 101(a)(15)(T), re- ‘‘(IV) is likely to appear at any scheduled nonimmigrant, any alien who remains in the lief as a victim of criminal activity under proceeding. United States for a period of more than 30 101(A)(15)(U), relief under the Violence ‘‘(B) ARRESTED, BUT NOT CONVICTED, days after the date on which the period of Against Women Act of 1994 (42 U.S.C. 13701 et ALIENS.— stay or parole authorized by the Secretary seq.) as a spouse or child who has been bat- ‘‘(i) RELEASE FOR PROCEEDINGS.—The Sec- for the alien ends, without good cause, is in- tered or subjected to extreme cruelty, relief retary may release any alien held pursuant admissible and ineligible for all immigration as a battered spouse or child under section to paragraph (1) to the appropriate authority benefits or relief available under the immi- 240A(b)(2), withholding of removal under sec- for any proceedings subsequent to the arrest. gration laws, including relief under sections tion 241(b)(3), or protection from removal ‘‘(ii) RESUMPTION OF CUSTODY.—If an alien 240A(b)(1), 240B(b), 245, 248, and 249, other based on a claim under the Convention is released pursuant to clause (i), the Sec- than— Against Torture and Other Cruel, Inhuman retary shall— ‘‘(I) asylum; or Degrading Treatment or , ‘‘(I) resume custody of the alien during any ‘‘(II) relief as a victim of trafficking under done at New York, December 10, 1984; and period pending the final disposition of any section 101(a)(15)(T); ‘‘(B) subject to detention and expedited re- proceedings subsequent to arrest for which ‘‘(III) relief as a victim of criminal activity moval from the United States, if the alien the alien is not in the custody of the appro- under section 101(a)(15)(U); fails to depart from the United States at the priate authority referred to in clause (i); and ‘‘(IV) relief under the Violence Against end of the 90-day period for admission; ‘‘(II) if the alien is not convicted of the of- Women Act of 1994 (42 U.S.C. 13701 et seq.) as ‘‘(2) waived any right to review or appeal fense for which the alien was arrested, the a spouse or child who has been battered or under this Act of an immigration officer’s Secretary shall continue to detain the alien subjected to extreme cruelty; determination as to the admissibility of the until the date on which removal proceedings ‘‘(V) relief as a battered spouse or child alien at the port of entry into the United are completed.’’. under section 240A(b)(2); States; and (b) CLERICAL AMENDMENT.—The table of ‘‘(VI) withholding of removal under section ‘‘(3) waived any right to contest any action contents in the first section of the Immigra- 241(b)(3); or for removal of the alien.’’. tion and Nationality Act is amended by ‘‘(VII) protection from removal based on a (c) DETENTION AND REPATRIATION OF VISA striking the item relating to section 236 and claim under the Convention Against Torture WAIVER VIOLATORS.—Section 217(c)(2)(E) of inserting the following: and Other Cruel, Inhuman or Degrading the Immigration and Nationality Act (8 ‘‘Sec. 236. Apprehension and detention of Treatment or Punishment, done at New U.S.C. 1187(c)(2)(E)) is amended to read as aliens.’’. York, December 10, 1984. follows:

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‘‘(E) DETENTION AND REPATRIATION OF ‘‘(2) fails to depart the United States not gration benefit or immigration status, and ALIENS.—Any alien who fails to depart from later than the date that is 30 days after last perform other functions related to admin- the United States at the end of the 90-day pe- day of the alien’s authorized period of stay istering and enforcing the immigration laws. riod for admission shall be detained pending (as described in section 214(a)(1)).’’. (b) BIOMETRIC AND BIOGRAPHIC INFORMATION removal.’’. (g) EFFECTIVE DATE; APPLICABILITY.— SHARING.— (d) ISSUANCE OF NONIMMIGRANT VISAS.— (1) IN GENERAL.—This section and the (1) SHARING WITH DEPARTMENT OF DEFENSE Section 221(a) of the Immigration and Na- amendments made by this section shall— AND FEDERAL BUREAU OF INVESTIGATION.—The tionality Act (8 U.S.C. 1201(a)) is amended by (A) take effect on the date of enactment of Secretary of Homeland Security, the Sec- adding at the end the following: this Act; and retary of Defense, the Secretary of State, ‘‘(3) The Secretary of State shall ensure (B) apply only to new visas, initial admis- and the Director of the Federal Bureau of In- that every application for a nonimmigrant sions of nonimmigrants, and initial requests vestigation— visa includes an acknowledgment, executed for change of status from a nonimmigrant (A) shall exchange appropriate biometric by the alien under penalty of perjury, con- category to another nonimmigrant category and biographic information to determine or firming that the alien— under section 248 of the Immigration and Na- confirm the identity of an individual and to ‘‘(A) has been notified of the terms and tionality Act (8 U.S.C. 1258). assess whether the individual is a threat to conditions of the nonimmigrant visa, includ- (2) PREVIOUSLY ADMITTED INDIVIDUALS.—An national security or public safety; and ing the waiver of rights under subsection (j); individual previously admitted to the United (B) may use information exchanged pursu- and States on a nonimmigrant visa who is ant to subparagraph (A)— ‘‘(B) understands that he or she will be in- present in the United States before the date (i) to compare biometric and biographic in- eligible for all immigration benefits and any of the enactment of this Act shall not be formation contained in applicable systems of form of relief or protection from removal, in- subject to this section or to the amendments the Department of Homeland Security, the cluding relief under sections 240A(b)(1), made by this section until the alien departs Department of Defense, the Department of 240B(b), 245, 248, and 249, other than a request from the United States or requests a change State, or the Federal Bureau of Investigation for asylum, relief as a victim of trafficking of nonimmigrant classification under section to determine if there is a match between under section 101(a)(15)(T), relief as a victim 248 of the Immigration and Nationality Act such information; and of criminal activity under 101(A)(15)(U), re- (8 U.S.C. 1258). (ii) if there is a match between such infor- lief under the Violence Against Women Act mation, to relay such information to the re- of 1994 (42 U.S.C. 13701 et seq.) as a spouse or SEC. 1503. INCREASE IN IMMIGRATION DETEN- questing agency. TION CAPACITY. child who has been battered or subjected to (2) USE OF BIOMETRIC DATA BY THE DEPART- Not later than September 30, 2022, and sub- extreme cruelty, relief as a battered spouse MENT OF STATE.—The Secretary of State ject to the availability of appropriations, the or child under section 240A(b)(2), withholding shall use biometric information from appli- Secretary of Homeland Security shall in- of removal under section 241(b)(3), or protec- cable systems of the Department of Home- crease the immigration detention capacity tion from removal based on a claim under land Security, the Department of Defense, to a daily immigration detention capacity of the Convention Against Torture and Other and the Federal Bureau of Investigation to not fewer than 48,879 detention beds. Cruel, Inhuman or Degrading Treatment or screen and track visa applicants and other Punishment, done at New York, December SEC. 1504. COLLECTION OF DNA FROM CRIMINAL individuals who are— 10, 1984, and from contesting removal if the AND DETAINED ALIENS. (A)(i) known or suspected terrorists; or alien violates any term or condition of his or Section 3 of the DNA Analysis Backlog (ii) identified as a potential threat to na- her nonimmigrant visa or fails to depart the Elimination Act of 2000 (34 U.S.C. 40702) is tional security; and United States not later than 30 days after amended— (B) using an alias while traveling. (1) in subsection (a)(1), by adding at the the end of the alien’s authorized period of (3) REPORT ON BIOMETRIC INFORMATION end the following: stay.’’. SHARING WITH MEXICO AND OTHER COUNTRIES (e) REQUIREMENT THAT ALL NONIMMIGRANTS ‘‘(C) The Secretary of Homeland Security FOR IDENTITY VERIFICATION.—Not later than HAVE A SPECIFIED AUTHORIZED PERIOD OF shall collect DNA samples from any alien (as 180 days after the date of enactment of this STAY END DATE.—Section 235(a) of the Immi- defined under section 101(a)(3) of the Immi- Act, the Secretary of Homeland Security and gration and Nationality Act (8 U.S.C. 1225(a)) gration and Nationality Act (8 U.S.C. the Secretary of State shall submit a joint is amended by adding at the end the fol- 1101(a)(3))) who— report on the status of efforts to engage with lowing: ‘‘(i) has been detained pursuant to section the Government of Mexico and the govern- ‘‘(6) PERIOD OF STAY.—Any alien who an ex- 235(b)(1)(B)(iii)(IV), 236, 236A, or 238 of such ments of other appropriate foreign countries amining immigration officer has determined Act (8 U.S.C. 1225(b)(1)(B)(iii)(IV), 1226, 1226a, located in Central America or South Amer- to be admissible as a nonimmigrant, except and 1228); or ica— for aliens who are admissible under subpara- ‘‘(ii) is the subject of a final order of re- (A) to discuss coordination on biometric graph (A)(i), (A)(ii), (G)(i), (G)(ii), or (G)(iii) moval under section 240 of such Act (8 U.S.C. information sharing between the United of section 101(a)(15), or who such officer has 1229a) based on inadmissibility under section States and such countries; and determined to be eligible for parole— 212(a)(2) of such Act (8 U.S.C. 1182(a)(2)) or (B) to enter into bilateral agreements that ‘‘(A) shall be admitted or paroled, as appro- being subject to removal under section provide for the sharing of such biometric in- priate, into the United States for a specific 237(a)(2) of such Act (8 U.S.C. 1227(a)(2)).’’; formation with the Department of State, the period; and and Department of Defense, the Department of ‘‘(B) shall be issued documentation stating (2) in subsection (b), by striking ‘‘or the Justice, the Federal Bureau of Investigation, the end date of the alien’s period of stay in probation office responsible (as applicable)’’ and the Department of Homeland Security to the United States.’’. and inserting ‘‘the probation office respon- use in— (f) BARS TO IMMIGRATION RELIEF.—Section sible, or the Secretary of Homeland Secu- (i) identifying individuals who are known 221 of the Immigration and Nationality Act rity’’. is amended by adding at the end the fol- or suspected terrorists or potential threats SEC. 1505. COLLECTION, USE, AND STORAGE OF to national security; and lowing: BIOMETRIC DATA. ‘‘(j) WAIVER OF RIGHTS.—The Secretary of (ii) verifying the entry and exit of individ- (a) COLLECTION AND USE OF BIOMETRIC IN- State may not issue a nonimmigrant visa uals to and from the United States. FORMATION FOR IMMIGRATION PURPOSES.— under section 214 to an alien (other than an (4) RULE OF CONSTRUCTION.—The collection (1) COLLECTION.—The Secretary of Home- alien who qualifies for a visa under subpara- of biometric information under paragraph (1) graph (A) or (G) of section 101(a)(15), who is land Security and the Secretary of State shall not limit the authority of the Sec- eligible for relief under the Violence Against may require any individual filing with the retary of Homeland Security to collect bio- Women Act of 1994 (42 U.S.C. 13701 et seq.) as Department of Homeland Security or the De- metric information from any individual ar- a spouse or child who has been battered or partment of State an application, petition, riving to or departing from the United subjected to extreme cruelty, or qualifies for or other request for an immigration benefit States. a visa as a NATO–1, 2, 3, 4, 5, or 6 non- or immigration status or seeking an immi- SEC. 1506. PILOT PROGRAM FOR ELECTRONIC immigrant) until the alien has waived any gration benefit or other authorization, em- FIELD PROCESSING. right to relief under sections 240A(b)(1), ployment authorization, identity, or travel (a) IN GENERAL.—Not later than 180 days 240B(b), 245, 248, and 249 (other than relief document, or requesting relief or protection after the date of enactment of this Act, the from removal under section 241(b)(3) or pro- under any provision of the immigration laws Secretary of Homeland Security shall estab- tection from removal based on a claim under to submit to either Secretary biometric in- lish a pilot program in at least 5 of the 10 the Convention Against Torture and Other formation, including fingerprints, photo- U.S. Immigration and Customs Enforcement Cruel, Inhuman or Degrading Treatment or graph, signature, voice print, iris scan, or field offices or regions with the largest re- Punishment, done at New York, December DNA. moval caseloads to allow U.S. Immigration 10, 1984), any form of relief established after (2) USE.—The Secretary of Homeland Secu- and Customs Enforcement officers to use the date on which the nonimmigrant visa is rity and the Secretary of State may use any handheld or vehicle-mounted computers to issued, and from contesting removal if the biometric information submitted under para- electronically— alien— graph (1) to conduct background and secu- (1) process and serve charging documents, ‘‘(1) violates a term or condition of his or rity checks, verify an individual’s identity, including notices to appear, while in the her nonimmigrant status; or adjudicate, revoke, or terminate an immi- field;

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.018 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S1005 (2) process and place detainers while in the ‘‘(III) the alien has a close family member ‘‘(i) the alien’s case shall continue to be field; in the United States whose death is immi- dealt with in the same manner as that of any (3) collect biometric data for the purpose nent and the alien could not arrive in the other applicant for admission to the United of identifying an alien and establishing both United States in time to see such family States; and immigration status and criminal history member alive if the alien were to be admit- ‘‘(ii) if the alien was previously detained, while in the field; ted through the normal visa process; the alien shall be returned to the custody (4) enter any required data, including per- ‘‘(IV) the alien is a lawful applicant for ad- from which the alien was paroled. sonal information about an alien subject and justment of status under section 245; or ‘‘(G) LIMITATIONS ON USE OF ADVANCE PA- the reason for issuing a document; ‘‘(V) the alien was lawfully granted status ROLE.— (5) apply the electronic signature of the under section 208 or lawfully admitted under ‘‘(i) DEFINITION OF ADVANCE PAROLE.—In issuing U.S. Immigration and Customs En- section 207. this subparagraph, the term ‘advance parole’ forcement officer or agent; ‘‘(B) PAROLE AUTHORIZED.—Except as pro- means advance approval for an alien who is (6) apply or capture the electronic signa- vided in subparagraph (C) or section 214(f), lawfully present in the United States and is ture of the alien on any charging document the Secretary may, in his or her sole and applying for admission to the United States or notice, including any electronic signature unreviewable discretion, temporarily parole to request at a port of entry in the United captured to acknowledge service of such doc- into the United States any alien applying for States, a pre-inspection station, or a des- uments or notices; admission to the United States, under such ignated field office of the Department of (7) set the date on which the alien is re- conditions as the Secretary may prescribe, Homeland Security, to be paroled into the quired to appear before an immigration including requiring the posting of a bond, United States under subparagraph (B). judge, in the case of a notice to appear; but only on a case-by-case basis and not ac- ‘‘(ii) APPROVAL OF ADVANCE PAROLE.—The (8) print any documents the alien may be cording to eligibility criteria describing an Secretary, in the Secretary’s discretion, may required to sign, along with additional copies entire class of potential parole recipients, grant an application for advance parole. Ap- of documents to be served on the alien; and for an urgent humanitarian reason or a rea- proval of an application for advance parole (9) interface with the ENFORCE database son deemed strictly in the public interest. shall not constitute a grant of parole under so that all data is collected, stored, and re- ‘‘(C) PAROLE NOT AN ADMISSION.—In accord- subparagraph (B). A grant of parole into the trievable in real-time. ance with section 101(a)(13)(B), parole of an United States based on an approved applica- (b) CONTRACT SUPPORT.—The Secretary of alien under subparagraph (B) shall not be re- tion for advance parole shall not be consid- Homeland Security may contract with com- garded as an admission of the alien to the ered a parole for purposes of qualifying for mercial vendors to test prototypes for elec- United States. When the purposes of the pa- adjustment of status to lawful permanent tronic handheld or vehicle-mounted com- role of an alien have been served, as deter- resident status in the United States under puters capable of meeting the requirements mined by the Secretary, the alien shall im- section 245 or 245A. under subsection (a). mediately return to his or her country of ‘‘(iii) REVOCATION OF ADVANCE PAROLE.— (c) RULE OF CONSTRUCTION.—The pilot pro- citizenship, nationality, or origin. If the The Secretary may revoke a grant of ad- gram described in subsection (a) shall be de- alien was paroled from custody, the alien vance parole to an alien at any time. Such signed to replace, to the extent possible, the shall be returned to the custody from which revocation shall not be subject to adminis- current paperwork and data entry process the alien was paroled and the alien shall be trative appeal or judicial review. used for issuing charging documents and de- considered for admission to the United ‘‘(iv) TEMPORARY DEPARTURE.—An alien tainers referred to in that subsection. States on the same basis as other similarly who leaves the United States temporarily (d) REPORT.—Not later than 1 year after situated applicants for admission. pursuant to a grant of advance parole makes the date on which the pilot program de- ‘‘(D) PROHIBITED USES OF PAROLE AUTHOR- a departure from the United States pursuant scribed in subsection (a) commences, the ITY.— to the immigration laws.’’. Comptroller General of the United States ‘‘(i) IN GENERAL.—The Secretary may not (b) EFFECTIVE DATE.—The amendment shall submit to the Committee on Homeland use the authority under subparagraph (B) to made by subsection (a) shall take effect on Security and Governmental Affairs of the parole into the United States generalized the first day of the first month beginning Senate, the Committee on the Judiciary of categories of aliens or classes of aliens based more than 60 days after the date of enact- the Senate, the Committee on Homeland Se- solely on nationality, presence, or residence ment of this Act. curity of the House of Representatives, the in the United States, family relationships, or SEC. 1508. REPORTS TO CONGRESS ON PAROLE. Committee on the Judiciary of the House of any other criteria that would cover a broad (a) REPORT ON NUMBER AND CATEGORY OF Representatives a report that includes— group of foreign nationals either inside or ALIENS PAROLED INTO THE UNITED STATES.— (1) the results of the pilot program; and outside of the United States. Not later than 90 days after the end of each (2) recommendations for using the tech- ‘‘(ii) ALIENS WHO ARE NATIONAL SECURITY OR fiscal year, the Secretary of Homeland Secu- nology described in subsection (a) on a na- PUBLIC SAFETY THREATS.— rity shall submit to the Committee on the tionwide basis. ‘‘(I) DEFINITION OF EXTREME EXIGENT CIR- Judiciary of the Senate and the Committee SEC. 1507. ENDING ABUSE OF PAROLE AUTHOR- CUMSTANCES.—In this clause, the term ‘ex- on the Judiciary of the House of Representa- ITY. treme exigent circumstances’ means cir- tives a report that, with respect to the most (a) IN GENERAL.—Section 212(d)(5) of the cumstances under which— recently completed fiscal year— Immigration and Nationality Act (8 U.S.C. ‘‘(aa) the failure to parole the alien would (1) describes the number and categories of 1182(d)(5)) is amended to read as follows: result in the immediate significant risk of aliens paroled into the United States under ‘‘(5) PAROLE AUTHORITY.— loss of life or bodily function due to a med- section 212(d)(5) of the Immigration and Na- ‘‘(A) DEFINITIONS.—In this paragraph: ical emergency; tionality Act; and ‘‘(i) PUBLIC INTEREST.—With respect to a ‘‘(bb) the failure to parole the alien would (2) contains information and data con- reason for parole, the term ‘public interest’ conflict with medical advice as to the health cerning— means the alien has assisted the United or safety of the individual, detention facility (A) the number and categories of aliens pa- States Government in a significant matter, staff, or other detainees; or roled; such as an important criminal investigation, ‘‘(cc) there is an urgent need for the alien’s (B) the duration of parole granted to aliens espionage, or other similar law enforcement presence for a law enforcement purpose, in- referred to in subparagraph (A); and or national security activity, or that in- cluding for a prosecution or to serve a sen- (C) the current immigration status of the volves law enforcement functions related to tence or securing the alien’s presence to ap- aliens referred to in subparagraph (A). international extradition or mutual legal as- pear as a material witness, or a national se- (b) REPORT ON PAROLE PROCEDURES.—Not sistance activities, and either the alien’s curity purpose. later than 180 days after the date of enact- presence in the United States is required by ‘‘(II) PROHIBITION ON PAROLE.—The Sec- ment of this Act, and annually thereafter, the Government or the alien’s life would be retary shall not parole in any alien whom the Attorney General and the Secretary of threatened if the alien were not permitted to the Secretary, in the Secretary’s sole and Homeland Security shall jointly— come to the United States. unreviewable discretion, determines to be a (1) conduct a review regarding the effec- ‘‘(ii) URGENT HUMANITARIAN REASON DE- threat to national security or public safety, tiveness of parole and custody determination FINED.—With respect to an alien, the term except in extreme exigent circumstances. procedures applicable to aliens who have es- ‘urgent humanitarian reason’ means— ‘‘(E) LIMITATION ON THE USE OF PAROLE AU- tablished a credible fear of persecution and ‘‘(I) the alien has a medical emergency and THORITY.—The Secretary may not use the pa- are awaiting a final determination regarding the alien cannot obtain necessary treatment role authority under this paragraph to per- their asylum claim by the immigration in the foreign state in which the alien is re- mit to come to the United States aliens who courts; and siding or the medical emergency is life- have applied for and have been found to be (2) submit to the Committee on the Judici- threatening and there is insufficient time for ineligible for refugee status or any alien to ary of the Senate and the Committee on the the alien to be admitted through the normal whom the provisions of this paragraph do Judiciary of the House of Representatives a visa process; not apply. report based on the results of such review, ‘‘(II) the alien is needed in the United ‘‘(F) TERMINATION OF PAROLE.—The Sec- that includes— States in order to donate an organ or other retary shall determine when the purpose of (A) an analysis of— tissue for transplant into a close family parole of an alien has been served and, upon (i) the rate at which release from detention member; such determination— (including release on parole) is granted to

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.018 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S1006 CONGRESSIONAL RECORD — SENATE February 14, 2018 aliens who have established a credible fear of (ii) to have been acting within the scope of ‘‘(vi) driving while intoxicated or driving persecution and are awaiting a final deter- his or her employment under section 1346(b) under the influence (as such terms are de- mination regarding their asylum claim by and chapter 171 of title 28, United States fined in section 164 of title 23, United States the immigration courts throughout the Code; Code); or United States; and (B) section 1346(b) of title 28, United States ‘‘(vii) any offense under foreign law (except (ii) any disparity that exists between loca- Code, shall provide the exclusive remedy for a purely political offense) that, if the offense tions or geographical areas, including an ex- the plaintiff; and had been committed in the United States, planation of the reasons for this disparity (C) the United States shall be substituted would render the alien inadmissible under and what actions are being taken to have as defendant in the proceeding. section 212(a) of the Immigration and Na- consistent and uniform application of the (c) RULE OF CONSTRUCTION.—Nothing in tionality Act (8 U.S.C. 1182(a)); standards for granting parole; this section may be construed to provide im- ‘‘(C) has been convicted of, or found to be (B) an analysis of the effect of the proce- munity to any person who knowingly vio- a juvenile offender based on, more than 1 dures and policies applied with respect to pa- lates the civil or constitutional rights of an criminal offense (other than minor traffic of- role and custody determinations by the At- individual. fenses); torney General and by the Secretary of CHAPTER 2—PROTECTION AND DUE ‘‘(D) has been convicted of, or found to be Homeland Security on the alien’s pursuit of PROCESS FOR UNACCOMPANIED ALIEN a juvenile offender based on a crime of vio- an asylum claim before an immigration CHILDREN lence or an offense under Federal, State, or court; SEC. 1520. SHORT TITLE. Tribal law, that has, as an element, the use (C) an analysis of the effectiveness of the This chapter may be cited as the ‘‘Pro- or attempted use of physical force or the procedures and policies applied with respect tecting Children and America’s Homeland threatened use of physical force or a deadly to parole and custody determinations by the Act of 2018’’. weapon; Attorney General and by the Secretary of SEC. 1521. REPATRIATION OF UNACCOMPANIED ‘‘(E) has engaged in, is engaged in, or is Homeland Security in securing the alien’s ALIEN CHILDREN. likely to engage after entry in any terrorist presence at the immigration court pro- Section 235(a) of the William Wilberforce activity (as defined in section 212(a)(3)(B)(iii) ceedings; Trafficking Victims Protection Reauthoriza- of the Immigration and Nationality Act (8 (D) recommendations with respect to tion Act of 2008 (8 U.S.C. 1232(a)) is amend- U.S.C. 1182(a)(3)(B)(iii))), or intends to par- whether the existing parole and custody de- ed— ticipate or has participated in the activities termination procedures applicable to aliens (1) in paragraph (2)— of a foreign terrorist organization (as des- who have established a credible fear of perse- (A) by amending the paragraph heading to ignated under section 219 of the Immigration cution and are awaiting a final determina- read as follows: ‘‘RULES FOR UNACCOMPANIED and Nationality Act (8 U.S.C. 1189)); tion by the immigration courts with respect ALIEN CHILDREN.—’’; ‘‘(F) has engaged in, is engaged in, or any to asylum claims— (B) in subparagraph (A), in the matter pre- time after a prior admission engages in ac- (i) respect the interests of the aliens; and ceding clause (i), by striking ‘‘who is a na- tivity described in section 237(a)(4) of the Im- (ii) ensure the presence of the aliens at the tional or habitual resident of a country that migration and Nationality Act (8 U.S.C. immigration court proceedings; and is contiguous with the United States shall be 1227(a)(4)); (E) an assessment on corresponding failure treated in accordance with subparagraph ‘‘(G) is or was a member of a criminal gang to appear rates, in absentia orders, and ab- (B)’’ and inserting ‘‘shall be treated in ac- (as defined in section 101(a)(53) of the Immi- sconders. cordance with subparagraph (B) or sub- gration and Nationality Act (8 U.S.C. SEC. 1509. REINSTATEMENT OF THE SECURE section (b), as appropriate’’; and 1101(a)(53))); COMMUNITIES PROGRAM. (C) in subparagraph (C)— ‘‘(H) provided materially false, fictitious, (a) REINSTATEMENT.—The Secretary shall (i) by amending the subparagraph heading reinstate and operate the Secure Commu- or fraudulent information regarding age or to read as follows: ‘‘AGREEMENTS WITH FOR- identity to the United States Government nities immigration enforcement program ad- EIGN COUNTRIES.—’’; and ministered by U.S. Immigration and Cus- with the intent to inaccurately classified as (ii) in the matter preceding clause (i), by an unaccompanied alien child; or toms Enforcement between 2008 and 2014. striking ‘‘countries contiguous to the United ‘‘(I) has entered the United States more (b) AUTHORIZATION OF APPROPRIATIONS.— States’’ and inserting ‘‘Canada, El Salvador, than once in violation of section 275(a) of the There is authorized to be appropriated Guatemala, Honduras, Mexico, and any other Immigration and Nationality Act (8 U.S.C. $150,000,000 to carry out this section. foreign country that the Secretary deter- 1325(a)), knowing that the entry was unlaw- SEC. 1510. ENSURING THAT LOCAL AND FEDERAL mines to be appropriate’’; ful.’’. LAW ENFORCEMENT OFFICERS MAY (2) by redesignating paragraphs (3), (4), and COOPERATE TO SAFEGUARD OUR SEC. 1522. CHILD WELFARE AND LAW ENFORCE- COMMUNITIES. (5) as paragraphs (4), (5), and (6), respec- MENT INFORMATION SHARING. (a) AUTHORITY TO COOPERATE WITH FED- tively; and ERAL OFFICIALS.—A State, a political sub- (3) inserting after paragraph (2) the fol- Section 235(b) of the William Wilberforce division of a State, or an officer, employee, lowing: Trafficking Victims Protection Reauthoriza- or agent of such State or political subdivi- ‘‘(3) MANDATORY EXPEDITED REMOVAL OF tion Act of 2008 (8 U.S.C. 1232(b)) is amended sion that complies with a detainer issued by CRIMINALS AND GANG MEMBERS.—Notwith- by adding at the end the following: the Department of Homeland Security under standing any other provision of law, the Sec- ‘‘(5) INFORMATION SHARING.— section 236 or 287 of the Immigration and Na- retary of Homeland Security shall place an ‘‘(A) IMMIGRATION STATUS.—If the Sec- tionality Act (8 U.S.C. 1226 and 1357)— unaccompanied alien child in a proceeding in retary of Health and Human Services con- (1) shall be deemed to be acting as an agent accordance with section 235 of the Immigra- siders placement of an unaccompanied alien of the Department of Homeland Security; tion and Nationality Act (8 U.S.C. 1225) if, child with a potential sponsor, the Secretary and the Secretary determines or has reason to of Homeland Security shall provide to the (2) with regard to actions taken to comply believe that the alien— Secretary of Health and Human Services the with the detainer, shall have all authority ‘‘(A) has been convicted of any offense car- immigration status of such potential sponsor available to officers and employees of the rying a maximum term of imprisonment of before the placement of the unaccompanied Department of Homeland Security. more than 180 days; alien child. (b) LEGAL PROCEEDINGS.—In any legal pro- ‘‘(B) has been convicted of, or found to be ‘‘(B) OTHER INFORMATION.—The Secretary ceeding brought against a State, a political a juvenile offender based on, an offense that of Health and Human Services shall provide subdivision of State, or an officer, employee, involved— to the Secretary of Homeland Security and or agent of such State or political subdivi- ‘‘(i) the use or attempted use of physical the Attorney General, upon request, any rel- sion which challenges the legality of the sei- force, or threatened use of a deadly weapon; evant information related to an unaccom- zure or detention of an individual pursuant ‘‘(ii) the purchase, sale, offering for sale, panied alien child who is or has been in the to a detainer issued by the Department of exchange, use, ownership, possession, or car- custody of the Secretary of Health and Homeland Security under section 236 or 287 rying, or, of attempting or conspiring to pur- Human Services, including the location of of the Immigration and Nationality Act (8 chase, sell, offer for sale, exchange, use, own, the child and any person to whom custody of U.S.C. 1226 and 1357)— possess, or carry, any weapon, part, or acces- the child has been transferred, for any legiti- (1) no liability shall lie against the State sory which is a firearm or destructive device mate law enforcement objective, including or political subdivision of a State for actions (as defined in section 921(a) of title 18, United the enforcement of the immigration laws.’’. taken in compliance with the detainer; and States Code) in violation of any law; (2) if the actions of the officer, employee, ‘‘(iii) child abuse and neglect (as defined in SEC. 1523. ACCOUNTABILITY FOR CHILDREN AND or agent of the State or political subdivision section 40002(a)(3) of the Violence Against TAXPAYERS. were taken in compliance with the de- Women Act of 1994 (34 U.S.C. 12291(a)(3))); Section 235(b) of the William Wilberforce tainer— ‘‘(iv) assault resulting in bodily injury (as Trafficking Victims Protection Reauthoriza- (A) the officer, employee, or agent shall be defined in section 2266 of title 18, United tion Act of 2008 (8 U.S.C. 1232(b)) (as amended deemed— States Code); by section 1522 of this Act) is amended by (i) to be an employee of the Federal Gov- ‘‘(v) the violation of a protection order (as adding at the end the following: ernment and an investigative or law enforce- defined in section 2266 of title 18, United ‘‘(6) INSPECTION OF FACILITIES.—The Inspec- ment officer; and States Code); tor General of the Department of Health and

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.018 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S1007 Human Services shall conduct regular in- to appear in a mandatory court appearance, ‘‘(IV) if more than 2 other children are re- spections of facilities utilized by the Sec- the sponsor shall be subject to a civil pen- siding with the proposed sponsor, or if such retary of Health and Human Services to pro- alty of $250 for each day until the alien ap- sponsor has custody of at least 1 other unac- vide care and custody of unaccompanied pears in court, up to a maximum of $5,000. companied alien child. alien children who are in the immediate cus- ‘‘(II) BURDEN OF PROOF.—The sponsor is not ‘‘(C) FOLLOW-UP SERVICES AND ADDITIONAL tody of the Secretary to ensure that such fa- subject to the penalty imposed under sub- HOME STUDIES.— cilities are operated in the most efficient clause (I) if the sponsor— ‘‘(i) PENDENCY OF REMOVAL PROCEEDINGS.— manner practicable. ‘‘(aa) appears in person and proves to the Not less frequently than every 180 days until ‘‘(7) FACILITY OPERATIONS COSTS.—The Sec- immigration court that the failure to appear the date on which initial removal pro- retary of Health and Human Services shall by the unaccompanied alien child was not ceedings are completed and the immigration ensure that facilities utilized to provide care the fault of the sponsor; and judge issues an order of removal, grants vol- and custody of unaccompanied alien children ‘‘(bb) supplies the immigration court with untary departure under section 240B, or are operated efficiently and at a rate of cost documentary evidence that supports the as- grants the alien relief from removal, the that is not greater than $500 per day for each sertion described in item (aa). Secretary of Health and Human Services child housed or detained at such facility, un- ‘‘(iv) PROHIBITION ON PLACEMENT WITH SEX shall conduct follow-up services for any child less the Secretary certifies that compliance OFFENDERS AND HUMAN TRAFFICKERS.—The for whom a home study was conducted and with this requirement is temporarily impos- Secretary of Health and Human Services who was placed with a nongovernmental sible due to emergency circumstances.’’. may not place an unaccompanied alien child sponsor. SEC. 1524. CUSTODY OF UNACCOMPANIED ALIEN under this subparagraph in the custody of an ‘‘(ii) CHILDREN WITH MENTAL HEALTH OR CHILDREN IN FORMAL REMOVAL individual who has been convicted of, or the OTHER NEEDS.—Not less frequently than PROCEEDING. Secretary has reason to believe was other- every 180 days, until the date that is 2 years (a) IN GENERAL.—Section 235(c)(2) of the wise involved in the commission of— after the date on which a child is placed with William Wilberforce Trafficking Victims ‘‘(I) a sex offense (as defined in section 111 a nongovernmental sponsor, the Secretary of Protection Reauthorization Act of 2008 (8 of the Sex Offender Registration and Notifi- Health and Human Services shall conduct U.S.C. 1232(c)(2)) is amended by adding at the cation Act (34 U.S.C. 20911)); follow-up services for any child with mental end the following: ‘‘(II) a crime involving severe forms of health needs or other needs who could ben- ‘‘(C) CHILDREN IN FORMAL REMOVAL PRO- trafficking in persons (as defined in section efit from ongoing assistance from a social CEEDINGS.— 103 of the Trafficking Victims Protection welfare agency. ‘‘(i) LIMITATION ON PLACEMENT.—Notwith- ‘‘(iii) CHILDREN AT RISK.—Not less fre- standing any settlement or consent decree Act of 2000 (22 U.S.C. 7102)); or ‘‘(III) an offense under Federal, State, or quently than every 90 days until the date previously issued before the date of the en- that is 2 years after the date on which a actment of this subparagraph, and section Tribal law that has, as an element of the of- fense, the use or attempted use of physical child is placed with a nongovernmental spon- 236.3 of title 8, Code of Federal Regulations, sor, the Secretary of Health and Human or a similar successor regulation, an unac- force or the threatened use of physical force or a deadly weapon. Services shall conduct home studies and fol- companied alien child who has been placed in low-up services, including partnering with ‘‘(v) REQUIREMENTS OF CRIMINAL BACK- a proceeding under section 240 of the Immi- local community programs that focus on GROUND CHECK.—A biometric criminal his- gration and Nationality Act (8 U.S.C. 1229a) early morning and after school programs for tory check required under clause (i)(III) shall may not be placed in the custody of a non- at-risk children who— be conducted using a set of fingerprints or governmental sponsor or otherwise released ‘‘(I) need a secure environment to engage other biometric identifier through— from the immediate custody of the United in studying, training, and skills-building ‘‘(I) the Federal Bureau of Investigation; States Government unless— programs; and ‘‘(II) criminal history repositories of all ‘‘(I) the nongovernmental sponsor is a bio- ‘‘(II) are at risk for recruitment by crimi- States that the individual lists as current or logical or adoptive parent or legal guardian nal gangs or other transnational criminal or- former residences; and of the unaccompanied alien child; ganizations in the United States.’’. ‘‘(III) any other State or Federal database ‘‘(II) the parent or legal guardian is legally (d) DETENTION OF ACCOMPANIED MINORS.— or repository that the Secretary of Health present in the United States at the time of (1) IN GENERAL.—Section 235 of the William the placement; and Human Services determines to be appro- Wilberforce Trafficking Victims Protection ‘‘(III) the parent or legal guardian has un- priate.’’. Reauthorization Act of 2008 (8 U.S.C. 1232) is dergone a mandatory biometric criminal his- (b) DEFINITION OF SPECIAL IMMIGRANT JUVE- further amended— tory check; NILE.—Section 101(a)(27)(J)(i) of the Immi- (A) by redesignating subsections (d) ‘‘(IV) if the nongovernmental sponsor is gration and Nationality Act (8 U.S.C. through (i) as subsections (e) through (j), re- the biological parent, the parent’s relation- 1101(a)(27)(J)(i)), is amended by striking ‘‘1 or spectively; and ship to the alien child has been verified both of the immigrant’s parents’’ and insert- (B) by inserting after subsection (c) the fol- through DNA testing conducted by the Sec- ing ‘‘either of the immigrant’s parents’’. lowing: retary of Health and Human Services; (c) HOME STUDIES AND FOLLOW-UP SERVICES ‘‘(d) DETENTION OF ACCOMPANIED MINORS.— ‘‘(V) if the nongovernmental sponsor is the FOR UNACCOMPANIED ALIEN CHILDREN.—Sec- Notwithstanding any other provision of law, adoptive parent, the parent’s relationship to tion 235(c)(3) of the William Wilberforce judicial determination, consent decree, or the alien child has been verified with the ju- Trafficking Victims Protection Reauthoriza- settlement agreement— dicial court that issued the final legal adop- tion Act of 2008 (8 U.S.C. 1232(c)(3)) is amend- ‘‘(1) the detention of any alien minor who tion decree by the Secretary of Health and ed— is not described in section 462(g)(2) of the Human Services; and (1) by redesignating subparagraph (C) as Homeland Security Act of 2002 (6 U.S.C. ‘‘(VI) the Secretary of Health and Human subparagraph (D); and 279(g)(2)) shall be governed by sections 217, Services has determined that the alien child (2) by striking subparagraph (B) and insert- 235, 236, and 241 of the Immigration and Na- is not a danger to self, a danger to the com- ing the following new subparagraphs: tionality Act (8 U.S.C. 1187, 1225, 1226, and munity, or at risk of flight. ‘‘(B) HOME STUDIES.— 1231); ‘‘(ii) EXCEPTIONS.—If the Secretary of ‘‘(i) IN GENERAL.—Except as required under ‘‘(2) the decision whether to detain or re- Health and Human Services determines that clause (ii), before placing a child with an in- lease the alien minor shall be in the sole and an unaccompanied alien child is a victim of dividual, the Secretary of Health and Human unreviewable discretion of the Secretary of severe forms of trafficking in persons (as de- Services shall determine whether a home Homeland Security; fined in section 103 of the Trafficking Vic- study is necessary. ‘‘(3) the release of an alien minor who is tims Protection Act of 2000 (22 U.S.C. 7102)), ‘‘(ii) REQUIRED HOME STUDIES.—A home not described in section 462(g)(2) of the a special needs child with a disability (as de- study shall be conducted for a child— Homeland Security Act of 2002 (6 U.S.C. fined in section 3 of the Americans with Dis- ‘‘(I) who is a victim of a severe form of 279(g)(2)) may not be presumed and an alien abilities Act of 1990 (42 U.S.C. 12102)), a child trafficking in persons or is a special needs minor not described in such section may not who has been a victim of physical or sexual child with a disability (as defined in section be released by the Secretary to anyone other abuse under circumstances that indicate 3 of the Americans with Disabilities Act of than a parent or legal guardian; and that the child’s health or welfare has been 1990 (42 U.S.C. 12102); ‘‘(4) the conditions of confinement applica- significantly harmed or threatened, or a ‘‘(II) who has been a victim of physical or ble to alien minors who are not described in child with mental health needs that require sexual abuse under circumstances that indi- section 462(g) of the Homeland Security Act ongoing assistance from a social welfare cate that the child’s health or welfare has of 2002 (6 U.S.C. 279(g)(2)) shall be determined agency, the alien child may be placed with a been significantly harmed or threatened; in the sole and unreviewable discretion of grandparent or adult sibling if the grand- ‘‘(III) whose proposed sponsor presents a the Secretary of Homeland Security, and parent or adult sibling meets the require- risk of abuse, maltreatment, exploitation, or specific licensing requirements may not be ments under subclauses (II), (III), and (IV) of trafficking to the child based on all available imposed other than requirements determined clause (i). objective evidence) if more than 2 other chil- appropriate by the Secretary.’’. ‘‘(iii) FAILURE TO APPEAR.— dren are residing with the proposed sponsor, (2) FUNDING LIMITATION.—No appropriated ‘‘(I) CIVIL PENALTY.—If an unaccompanied or if such sponsor has custody of at least 1 funds may be used to implement the terms of alien child is placed with a sponsor and fails other unaccompanied alien child; or the settlement agreement in Flores v. Reno,

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.018 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S1008 CONGRESSIONAL RECORD — SENATE February 14, 2018 CV 85–4544–RJK, nor shall any appropriated to a sponsor or placed in a facility while re- contagious diseases, the benefits or medical funds be used for purposes of complying with maining in the legal custody of the Sec- services provided, and the outreach to States any judicial order, decree, or judgment inter- retary of Health and Human Services. and localities about public health issues, preting the terms of such settlement agree- ‘‘(4) CONTENTS.—Each report required to be that could affect the public. ment. submitted to the Governor of a State under (b) REPORTS ON REPATRIATION AGREE- (3) EFFECTIVE DATE; APPLICABILITY.—The paragraph (2) or (3) shall identify the number MENTS.—Not later than September 30, 2019, amendments made by this subsection shall— of unaccompanied alien children placed in the Secretary of State shall submit to Con- (A) take effect on the date of enactment of the State during the reporting period, gress and make publicly available a report this Act; and disaggregated by— that— (B) apply regardless of the date on which ‘‘(A) the locality in which the aliens were (1) includes a copy of any repatriation the actions giving rise to removability or de- placed; and agreement in effect for unaccompanied alien tention take place. ‘‘(B) the age of such aliens. children; SEC. 1525. FRAUD IN CONNECTION WITH THE ‘‘(l) NOTIFICATION OF FOREIGN COUNTRY.— (2) describes any such repatriation agree- TRANSFER OF CUSTODY OF UNAC- The Secretary of Homeland Security shall ment that is being considered or negotiated; COMPANIED ALIEN CHILDREN. provide information regarding each unac- and (a) IN GENERAL.—Chapter 47 of title 18, companied alien child to the government of (3) describes the funding provided to the 20 United States Code, is amended by adding at the country of which the child is a national countries that have the highest number of the end the following: to assist such government with the identi- nationals entering the United States as un- ‘‘§ 1041. Fraud in connection with the transfer fication and reunification of such child with accompanied alien children, including of custody of unaccompanied alien children their parent or other qualifying relative. amounts provided— ‘‘(a) IN GENERAL.—It shall be unlawful for ‘‘(m) MONITORING REQUIREMENT.—The Sec- (A) to deter the nationals of each country a person to obtain custody of an unaccom- retary of Health and Human Services shall— from illegally entering the United States; panied alien child (as defined in section ‘‘(1) require all sponsors to agree— and 462(g) of the Homeland Security Act of 2002 (6 ‘‘(A) to receive approval from the Sec- (B) to care for or reintegrate repatriated U.S.C. 279(g))) by— retary of Health and Human Services before unaccompanied alien children in the country ‘‘(1) making any materially false, ficti- changing the location in which the sponsor of nationality or last habitual residence. tious, or fraudulent statement or representa- is housing an unaccompanied alien child (c) REPORTS ON RETURNS TO COUNTRY OF tion; or placed in the sponsor’s custody; and NATIONALITY.—Not later than September 30, ‘‘(2) making or using any false writing or ‘‘(B) to provide a current address for the 2019, the Secretary of Homeland Security document knowing the same to contain any child and the reason for the change of ad- shall submit to Congress and make publicly materially false, fictitious, or fraudulent dress; available a report that describes— statement or entry. ‘‘(2) provide regular and frequent moni- (1) the number of unaccompanied alien ‘‘(b) PENALTIES.— toring of the physical and emotional well- children who have voluntarily returned to ‘‘(1) IN GENERAL.—Any person who violates, being of each unaccompanied alien child who their country of nationality or habitual resi- or attempts or conspires to violate, this sec- has been discharged to a sponsor or remained dence, disaggregated by— tion shall be fined under this title and im- in the legal custody of the Secretary until (A) country of nationality or habitual resi- prisoned for not less than 1 year. the child’s immigration case is resolved; and dence; and ‘‘(2) ENHANCED PENALTY FOR TRAFFICKING.— ‘‘(3) not later than 60 days after the date of (B) age of the unaccompanied alien chil- If the primary purpose of the violation, at- enactment of this subsection, submit a plan dren; tempted violation, or conspiracy to violate to Congress for implementing the require- (2) the number of unaccompanied alien this section was to subject the child to sexu- ments under paragraphs (1) and (2).’’. children who have been returned to their ally explicit activity or any other form of SEC. 1527. REPORTS TO CONGRESS. country of nationality or habitual residence, exploitation, the offender shall be fined (a) REPORTS ON CARE OF UNACCOMPANIED including the length of time such children under this title and imprisoned for not less ALIEN CHILDREN.—Not later than September were present in the United States; than 15 years.’’. 30, 2019, the Secretary of Health and Human (3) the number of unaccompanied alien (b) CLERICAL AMENDMENT.—The table of Services shall submit to Congress and make children who have not been returned to their sections for chapter 47 of title 18, United publicly available a report that includes— country of nationality or habitual residence States Code, is amended by inserting after (1) a detailed summary of the contracts in pending travel documents or other require- the item relating to section 1040 the fol- effect to care for and house unaccompanied ments from such country, including how lowing: alien children, including the names and loca- long they have been waiting to return; and ‘‘1041. Fraud in connection with the transfer tions of contractors and the facilities being (4) the number of unaccompanied alien of custody of unaccompanied used; children who were granted relief in the alien children.’’. (2) the cost per day to care for and house United States, whether through asylum, any SEC. 1526. NOTIFICATION OF STATES AND FOR- an unaccompanied alien child, including an other immigration benefit or status, or de- EIGN GOVERNMENTS, REPORTING, explanation of such cost; ferred action. AND MONITORING. (3) the number of unaccompanied alien (d) REPORTS ON IMMIGRATION PRO- (a) NOTIFICATION.—Section 235 of the Wil- children who have been released to a spon- CEEDINGS.—Not later than September 30, liam Wilberforce Trafficking Victims Pro- sor, if any; 2019, and not less frequently than every 90 tection Reauthorization Act of 2008 (8 U.S.C. (4) a list of the States to which unaccom- days thereafter, the Secretary of Homeland 1232) (as amended by section 1524(d)(1) of this panied alien children have been released Security, in coordination with the Director Act) is further amended by adding at the end from the custody of the Secretary of Health of the Executive Office for Immigration Re- the following: and Human Services to the care of a sponsor view, shall submit to Congress and make ‘‘(k) NOTIFICATION TO STATES.— or placement in a facility; publicly available a report that describes— ‘‘(1) BEFORE PLACEMENT.—The Secretary of (5) the number of unaccompanied alien (1) the number of unaccompanied alien Homeland Security or the Secretary of children who have been released to a sponsor children who, after proceedings under sec- Health and Human Services shall notify the who is not lawfully present in the United tion 235B of the Immigration and Nation- Governor of a State not later than 48 hours States, including the country of nationality ality Act were returned to their country of before the placement of an unaccompanied or last habitual residence and age of such nationality or habitual residence, alien child in the custody of such Secretary children; disaggregated by— into the care of a facility or sponsor in such (6) a determination of whether more than 1 (A) country of nationality or residence; State. unaccompanied alien child has been released and ‘‘(2) INITIAL REPORTS.—Not later than 60 to the same sponsor, including the number of (B) age and gender of such aliens; days after the date of the enactment of this children who were released to such sponsor; (2) the number of unaccompanied alien subsection, the Secretary of Health and (7) an assessment of the extent to which children who, after proceedings under sec- Human Services shall submit a report to the the Secretary of Health and Human Services tion 235B of the Immigration and Nation- Governor of each State in which an unac- is monitoring the release of unaccompanied ality Act, prove a claim of admissibility and companied alien child was discharged to a alien children, including home studies done are placed in proceedings under section 240 of sponsor or placed in a facility while remain- and electronic monitoring devices used; that Act (8 U.S.C. 1229a); ing in the legal custody of the Secretary dur- (8) an assessment of the extent to which (3) the number of unaccompanied alien ing the period beginning October 1, 2013 and the Secretary of Health and Human Services children who fail to appear at a removal ending on the date of enactment of this sub- is making efforts— hearing that such alien was required to at- section. (A) to educate unaccompanied alien chil- tend; ‘‘(3) MONTHLY REPORTS.—The Secretary of dren about their legal rights; and (4) the number of sponsors who were levied Health and Human Services shall submit a (B) to provide unaccompanied alien chil- a penalty, including the amount and whether monthly report to the Governor of each dren with access to pro bono counsel; and the penalty was collected, for the failure of State in which, during the reporting period, (9) the extent of the public health issues of an unaccompanied alien child to appear at a an unaccompanied alien child was discharged unaccompanied alien children, including removal hearing; and

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.018 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S1009 (5) the number of aliens that are classified manitarian needs of those seeking inter- ‘‘(v) in the case of a violation of clause (i), as unaccompanied alien children, the ages national protection; (ii), (iii), (iv), or (v) of subparagraph (A) dur- and countries of nationality of such children, (2) by improving the refugee registration ing and in relation to which any person is and the orders issued by the immigration system to ensure that all refugees— subjected to any illegal sexual act or sexual judge at the conclusion of proceedings under (A) are properly screened for security, in- contact (as those terms are defined in sec- section 235B of the Immigration and Nation- cluding biographic and biometric capture; tion 2246 of title 18, United States Code), be ality Act for such children. (B) receive due process and meaningful ac- fined under title 18, United States Code, im- CHAPTER 3—COOPERATION WITH MEXICO cess to existing legal protections; and prisoned for not less than 5 years and not AND OTHER COUNTRIES ON ASYLUM (C) receive proper documents in order to more than 25 years, or both;’’; and AND REFUGEE ISSUES prevent fraud and ensure freedom of move- (2) by adding at the end the following: SEC. 1541. STRENGTHENING INTERNAL ASYLUM ment and access to basic social services; ‘‘(5) Any person who, knowing that a per- SYSTEMS IN MEXICO AND OTHER (3) by creating or expanding a corps of son is an alien in unlawful transit from 1 COUNTRIES. trained refugee officers capable of evaluating country to another or on the high seas, (a) IN GENERAL.—The Secretary of State, and deciding individual claims for protec- transports, moves, harbors, conceals, or in consultation with the Secretary of Home- tion, consistent with international law and shields from detection such alien outside of land Security, shall work with international obligations; and the United States for profit or gain when the partners, including the United Nations High (4) by developing the capacity to conduct alien is seeking to enter the United States Commissioner for Refugees, to support and best interest determinations for unaccom- without official permission or legal author- provide technical assistance to strengthen panied alien children to ensure that— ity, shall for, each alien in respect to whom the domestic capacity of Mexico and other (A) such children with international pro- a violation of this paragraph occurs, be fined countries in the region to provide asylum to tection needs are properly registered; and under title 18, United States Code, impris- eligible children and families— (B) the needs of such children are properly oned not more than 10 years, or both.’’. (1) by establishing and expanding tem- met, which may include family reunification (b) SEIZURE AND FORFEITURE.—Section porary and long-term in country reception or resettlement based on international pro- 274(b)(1) of the Immigration and Nationality centers and shelter capacity to meet the hu- tection needs. Act (8 U.S.C. 1324(b)(1)) is amended to read as manitarian needs of those seeking asylum or (b) REPORT.—Not later than 60 days after follows: other forms of international protection; the date of the enactment of this Act, the ‘‘(1) IN GENERAL.—Any real or personal (2) by improving the asylum registration Secretary of State, in consultation with the property involved in or used to facilitate the system to ensure that all individuals seeking Secretary of Homeland Security, shall sub- commission of a violation or attempted vio- asylum or other humanitarian protection— mit a report to the committees listed in sec- lation of subsection (a), the gross proceeds of (A) are properly screened for security, in- tion 1541(b) that describes the plans of the such violation or attempted violation, and cluding biographic and biometric capture; Secretary of State to assist in developing the any property traceable to such property or (B) receive due process and meaningful ac- refugee processing capabilities described in proceeds, shall be seized and subject to for- cess to existing legal protections; and subsection (a). feiture.’’. (C) receive proper documents in order to (c) AUTHORIZATION OF APPROPRIATIONS.— prevent fraud and ensure freedom of move- There are authorized to be appropriated such SEC. 1602. PUTTING THE BRAKES ON HUMAN ment and access to basic social services; sums as may be necessary to carry out sub- SMUGGLING ACT. (3) by creating or expanding a corps of section (a). (a) SHORT TITLE.—This section may be trained asylum officers capable of evaluating Subtitle F—Penalties for Smuggling, Drug cited as the ‘‘Putting the Brakes on Human and deciding individual asylum claims con- Trafficking, Human Trafficking, Terrorism, Smuggling Act’’. sistent with international law and obliga- and Illegal Entry and Reentry; Bars to Re- (b) FIRST VIOLATION.—Section 31310(b)(1) of tions; and admission of Removed Aliens title 49, United States Code, is amended— (4) by developing the capacity to conduct SEC. 1601. DANGEROUS HUMAN SMUGGLING, (1) in subparagraph (D), by striking the best interest determinations for unaccom- HUMAN TRAFFICKING, AND HUMAN ‘‘or’’ at the end; panied alien children to ensure that their RIGHTS VIOLATIONS. (2) in subparagraph (E), by striking the pe- needs are properly met, which may include (a) CRIMINAL PENALTIES FOR HUMAN SMUG- riod at the end and inserting a semicolon; family reunification or resettlement based GLING AND TRAFFICKING.—Section 274(a) of and on international protection needs. the Immigration and Nationality Act (8 (3) by adding at the end the following: (b) REPORT.—Not later than 60 days after U.S.C. 1324(a)) is amended— ‘‘(F) using a commercial motor vehicle in the date of the enactment of this Act, the (1) in paragraph (1)— willfully aiding or abetting an alien’s illegal Secretary of State, in consultation with the (A) in subparagraph (A), by amending entry into the United States by trans- Secretary of Homeland Security, shall sub- clause (ii) to read as follows: porting, guiding, directing, or attempting to mit a report that describes the plans of the ‘‘(ii) knowing, or in reckless disregard of assist the alien with the alien’s entry in vio- Secretary of State to assist in developing the the fact, that an alien has come to, entered lation of section 275 of the Immigration and asylum processing capabilities described in into, or remains in the United States in vio- Nationality Act (8 U.S.C. 1325), regardless of subsection (a) to— lation of law— whether the alien is ultimately fined or im- (1) the Committee on Foreign Relations of ‘‘(I) transports, moves, or attempts to prisoned for an act in violation of such sec- the Senate; transport or move such alien within the tion; or (2) the Committee on Homeland Security United States by means of transportation or ‘‘(G) using a commercial motor vehicle in and Governmental Affairs of the Senate; otherwise, in furtherance of such violation of willfully aiding or abetting the transport of (3) the Committee on the Judiciary of the law; or controlled substances, monetary instru- Senate; ‘‘(II) transports or moves the alien with ments, bulk cash, or weapons by any indi- (4) the Committee on Foreign Affairs of the the purpose of facilitating the illegal entry vidual departing the United States.’’. House of Representatives; of the alien into Canada or Mexico;’’; and (c) SECOND OR MULTIPLE VIOLATIONS.—Sec- (5) the Committee on Homeland Security (B) in subparagraph (B)— tion 31310(c)(1) of title 49, United States of the House of Representatives; and (i) by redesignating clauses (iii) and (iv) as Code, is amended— (6) the Committee on the Judiciary of the clauses (vi) and (vii), respectively; (1) in subparagraph (E), by striking the House of Representatives. (ii) in clause (vi), as redesignated, by in- ‘‘or’’ at the end; (c) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated such serting ‘‘for not less than 10 years and’’ be- (2) by redesignating subparagraph (F) as sums as may be necessary to carry out sub- fore ‘‘not more than 20 years,’’; and subparagraph (H); section (a). (iii) by inserting after clause (ii) the fol- (3) in subparagraph (H), as redesignated, by lowing: striking ‘‘(E)’’ and inserting ‘‘(G)’’; and SEC. 1542. EXPANDING REFUGEE PROCESSING IN MEXICO AND CENTRAL AMERICA ‘‘(iii) in the case of a violation of clause (i), (4) by inserting after subparagraph (E) the FOR THIRD COUNTRY RESETTLE- (ii), (iii), (iv), or (v) of subparagraph (A) that following: MENT. is the third or subsequent violation com- ‘‘(F) using a commercial motor vehicle (a) IN GENERAL.—The Secretary of State, mitted by such person under this section, more than once in willfully aiding or abet- in consultation with the Secretary of Home- shall be fined under title 18, United States ting an alien’s illegal entry into the United land Security, shall coordinate with the Code, imprisoned for not less than 5 years States by transporting, guiding, directing United Nations High Commissioner for Refu- and not more than 25 years, or both; and attempting to assist the alien with the gees to support and provide technical assist- ‘‘(iv) in the case of a violation of clause (i), alien’s entry in violation of section 275 of the ance to the Government of Mexico and the (ii), (iii), (iv), or (v) of subparagraph (A) that Immigration and Nationality Act (8 U.S.C. governments of other countries in the region recklessly, knowingly, or intentionally re- 1325), regardless of whether the alien is ulti- to increase access to global resettlement for sults in a victim being involuntarily forced mately fined or imprisoned for an act in vio- eligible children and families with protec- into labor or prostitution, shall be fined lation of such section; tion needs— under title 18, United States Code, impris- ‘‘(G) using a commercial motor vehicle (1) by establishing and expanding in coun- oned for not less than 5 years and not more more than once in willfully aiding or abet- try refugee reception centers to meet the hu- than 25 years, or both; ting the transport of controlled substances,

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monetary instruments, bulk cash, or weap- (b) CLERICAL AMENDMENT.—The table of ‘‘(1) BARS TO IMMIGRATION RELIEF AND BENE- ons by any individual departing the United chapters at the beginning of part I of title 18, FITS.—Any alien shall be ineligible for all States; or’’. United States Code, is amended by inserting immigration benefits or relief available (d) LIFETIME DISQUALIFICATION.—Section after the item relating to chapter 27 the fol- under the immigration laws, including relief 31310(d) of title 49, United States Code, is lowing: under sections 240A(b)(1), 240B(b), 245, 248, amended to read as follows: ‘‘28 . Drug trafficking and crimes of and 249, other than asylum, relief as a victim ‘‘(d) LIFETIME DISQUALIFICATION.—The Sec- violence committed by illegal of trafficking under section 101(a)(15)(T), re- retary shall permanently disqualify an indi- aliens ...... 581’’. lief as a victim of criminal activity under vidual from operating a commercial motor if SEC. 1604. ESTABLISHING INADMISSIBILITY AND section 101(a)(15)(U), relief under the Vio- the individual uses a commercial motor ve- DEPORTABILITY. lence Against Women Act of 1994 (42 U.S.C. hicle— (a) INADMISSIBLE ALIENS.—Section 13701 et seq.) as a spouse or child who has ‘‘(1) in committing a felony involving man- 212(a)(2)(A) of the Immigration and Nation- been battered or subjected to extreme cru- ufacturing, distributing, or dispensing a con- ality Act (8 U.S.C. 1182(a)(2)(A)) is amended elty, relief as a battered spouse or child trolled substance, or possession with intent by adding at the end the following: under section 240A(b)(2), withholding of re- to manufacture, distribute, or dispense a ‘‘(iii) CONSIDERATION OF OTHER EVIDENCE.— moval under section 241(b)(3), or protection controlled substance; If the statute of conviction or conviction from removal based on a claim under the ‘‘(2) in committing an act for which the in- records do not conclusively establish wheth- Convention Against Torture and Other dividual is convicted under— er a crime does or does not constitute a Cruel, Inhuman or Degrading Treatment or ‘‘(A) section 274 of the Immigration and crime involving moral turpitude, the Sec- Punishment, done at New York, December Nationality Act (8 U.S.C. 1324); or retary, the Attorney General, or the con- 10, 1984, if the alien— ‘‘(B) section 277 of such Act (8 U.S.C. 1327); sular officer, as applicable, may consider ‘‘(A) enters, crosses, or attempts to enter or other documentary evidence related to the or cross the border into, the United States at ‘‘(3) in willfully aiding or abetting the conviction, including, but not limited to, any time or place other than as designated transport of controlled substances, monetary charging documents, plea agreements, plea by immigration officers; instruments, bulk cash, and weapons by any colloquies, jury instructions, and police re- ‘‘(B) eludes, at any time or place, examina- individual departing the United States.’’. ports, to determine whether the other evi- tion or inspection by an authorized immigra- (e) REPORTING REQUIREMENTS.— dence clearly establishes that the conduct in tion, customs, or agriculture officer (includ- (1) COMMERCIAL DRIVER’S LICENSE INFORMA- which the alien was engaged constitutes a ing failing to stop at the command of such TION SYSTEM.—Section 31309(b)(1) of title 49, crime involving moral turpitude.’’. officer); or United States Code, is amended— (b) DEPORTABLE ALIENS.— ‘‘(C) enters or crosses the border to the (A) in subparagraph (E), by striking ‘‘and’’ (1) GENERAL CRIMES.—Section 237(a)(2)(A) United States and, upon examination or in- at the end; of the Immigration and Nationality Act (8 spection, makes a false or misleading rep- (B) in subparagraph (F), by striking the pe- U.S.C. 1227(a)(2)(A)) is amended by— resentation or conceals a material fact, in- riod at the end and inserting ‘‘; and’’; and (A) redesignating clause (vi) and clause cluding such representation or willful con- (C) by adding at the end the following: (vii); and cealment in the context of arrival, reporting, ‘‘(G) whether the operator was disqualified, (B) inserting after clause (v) the following: entry, or clearance, requirements of the cus- either temporarily or permanently, from op- ‘‘(vi) CRIMES INVOLVING MORAL TURPI- toms laws, immigration laws, agriculture erating a commercial motor vehicle under TUDE.—If the conviction records do not con- laws, or shipping laws. section 31310, including under subsection clusively establish whether a crime con- ‘‘(2) CRIMINAL OFFENSES.—An alien shall be (b)(1)(F), (c)(1)(F), or (d) of such section.’’. stitutes a crime involving moral turpitude, subject to the penalties under paragraph (3) (2) NOTIFICATION BY THE STATE.—Section the Secretary or the Attorney General may if the alien— 31311(a)(8) of title 49, United States Code, is consider other documentary evidence related ‘‘(A) enters, crosses, or attempts to enter amended by inserting ‘‘including such a dis- to the conviction, including, but not limited or cross the border into, the United States at qualification, revocation, suspension, or can- to, charging documents, plea agreements, any time or place other than as designated cellation made pursuant to a disqualification plea colloquies, jury instructions, and police by immigration officers; under subsection (b)(1)(F), (c)(1)(F), or (d) of reports, to determine whether the other evi- ‘‘(B) eludes, at any time or place, examina- section 31310,’’ after ‘‘60 days,’’. dence clearly establishes that the conduct in tion or inspection by an authorized immigra- tion, customs, or agriculture officer (includ- SEC. 1603. DRUG TRAFFICKING AND CRIMES OF which the alien was engaged constitutes a VIOLENCE COMMITTED BY ILLEGAL crime involving moral turpitude.’’. ing failing to stop at the command of such officer); or ALIENS. (2) DOMESTIC VIOLENCE.—Section (a) IN GENERAL.—Title 18, United States 237(a)(2)(E) of Immigration and Nationality ‘‘(C) enters or crosses the border to the Code, is amended by inserting after chapter Act (8 U.S.C. 1227(a)(2)(E)) is amended— United States and, upon examination or in- spection, makes a false or misleading rep- 27 the following: (A) in clause (i), by striking ‘‘For purposes resentation or conceals a material fact, in- ‘‘CHAPTER 28—DRUG TRAFFICKING AND of this clause’’ and inserting ‘‘For purposes cluding such representation or concealment CRIMES OF VIOLENCE COMMITTED BY of this subparagraph’’; and in the context of arrival, reporting, entry, or ILLEGAL ALIENS (B) by adding at the end the following: clearance, requirements of the customs laws, ‘‘(iii) CRIME OF VIOLENCE.—If the conviction ‘‘581. Enhanced penalties for drug trafficking immigration laws, agriculture laws, or ship- records do not conclusively establish wheth- and crimes committed by ille- ping laws. er a conviction constitutes a crime of domes- gal aliens. ‘‘(3) CRIMINAL PENALTIES.—Any alien who tic violence, the Secretary or the Attorney ‘‘§ 581. Enhanced penalties for drug traf- violates any provision under paragraph (1) by General may consider other documentary ficking and crimes committed by illegal engaging in conduct described in subpara- evidence related to the conviction, includ- aliens graph (A), (B), or (C) of that paragraph— ing, but not limited to, charging documents, ‘‘(A) shall, for the first violation, be fined ‘‘(a) OFFENSE.—Any alien unlawfully plea agreements, plea colloquies, jury in- under title 18, United States Code, impris- present in the United States, who commits, structions, and police reports, that clearly oned not more than 6 months, or both; conspires to commit, or attempts to commit establishes that the conduct in which the ‘‘(B) shall, for a second or subsequent vio- an offense under Federal, State, or Tribal alien was engaged constitutes a crime of do- lation, or following an order of voluntary de- law, an element of which involves the use or mestic violence.’’. parture, be fined under such title, impris- attempted use of physical force or the (c) EFFECTIVE DATE; APPLICABILITY.—The threatened use of physical force or a deadly amendments made by this section shall— oned not more than 2 years, or both; weapon or a drug trafficking crime (as de- (1) take effect on the date of enactment of ‘‘(C) if the violation occurs after the alien fined in section 924), shall be fined under this this Act; and has been convicted of 3 or more mis- title, imprisoned for not less than 5 years, or (2) shall apply to an act that occurs before, demeanors (at least 1 of which involves con- both. on, or after the date of enactment of this trolled substances, abuse of a minor, traf- ‘‘(b) ENHANCED PENALTIES FOR ALIENS OR- Act. ficking or smuggling, or any offense that DERED REMOVED.—Any alien unlawfully may result in serious bodily harm or injury SEC. 1605. PENALTIES FOR ILLEGAL ENTRY; EN- present in the United States who violates HANCED PENALTIES FOR ENTERING to another person), a significant mis- subsection (a) and was ordered removed WITH INTENT TO AID, ABET, OR demeanor, or a felony, shall be fined under under the Immigration and Nationality Act COMMIT TERRORISM. such title, imprisoned not more than 10 (8 U.S.C. 1101 et seq.) on the grounds of hav- (a) IN GENERAL.—Section 275 of the Immi- years, or both; ing committed a crime before the violation gration and Nationality Act (8 U.S.C. 1325) is ‘‘(D) if the violation occurs after the alien of subsection (a), shall be fined under this amended by striking the section designation has been convicted of a felony for which the title, imprisoned for not less than 15 years, and heading and all that follows through alien received a term of imprisonment of not or both. ‘‘may be imposed.’’ in the undesignated mat- less than 30 months, shall be fined under ‘‘(c) REQUIREMENT FOR CONSECUTIVE SEN- ter following subsection (b)(2) and inserting such title, imprisoned not more than 15 TENCES.—Any term of imprisonment imposed the following: years, or both; and under this section shall be consecutive to ‘‘SEC. 275. ILLEGAL ENTRY. ‘‘(E) if the violation occurs after the alien any term imposed for any other offense.’’. ‘‘(a) IN GENERAL.— has been convicted of a felony for which the

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.018 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S1011 alien received a term of imprisonment of not (C) enters or crosses the border to the ‘‘shall be fined under title 18, United less than 60 months, such alien shall be fined United States and, upon examination or in- States Code, imprisoned not more than 5 under such title, imprisoned not more than spection, makes a false or misleading rep- years, or both. 20 years, or both. resentation or conceals a material fact, in- ‘‘(b) CRIMINAL PENALTIES FOR REENTRY OF ‘‘(4) PRIOR CONVICTIONS.—The prior convic- cluding such representation or concealment CERTAIN REMOVED ALIENS.— tions described in subparagraphs (C) through in the context of arrival, reporting, entry, or ‘‘(1) REENTRY AFTER REMOVAL.—Notwith- (E) of paragraph (3) are elements of the of- clearance, requirements of the customs laws, standing the penalties under subsection fenses described in that paragraph and the immigration laws, agriculture laws, or ship- (a)(2), and except as provided in subsection penalties described in such subparagraphs ping laws. (c)— shall apply only in cases in which the 1 or SEC. 1606. PENALTIES FOR REENTRY OF RE- ‘‘(A) an alien described in subsection (a) more convictions that form the basis for the MOVED ALIENS. who has been excluded from the United additional penalty are— (a) SHORT TITLES.—This section may be States pursuant to section 235(c) because the ‘‘(A) alleged in the indictment or informa- cited as the ‘‘Stop Illegal Reentry Act’’ or alien was excludable under section tion; and ‘‘Kate’s Law’’. 212(a)(3)(B) or who has been removed from ‘‘(B) proven beyond a reasonable doubt at (b) INCREASED PENALTIES FOR REENTRY OF the United States pursuant to the provisions trial; or REMOVED ALIEN.— of title V, and thereafter, without the per- ‘‘(C) admitted by the defendant. (1) IN GENERAL.—Section 276 of the Immi- mission of the Secretary, enters the United ‘‘(5) DURATION OF OFFENSES.—An offense gration and Nationality Act (8 U.S.C. 1326) is States, or attempts to enter the United under this subsection continues until the amended to read as follows: States, shall be fined under title 18, United alien is discovered within the United States States Code, and imprisoned for a period of ‘‘SEC. 276. REENTRY OF REMOVED ALIEN. 15 years, which sentence shall not run con- by an immigration, customs, or agriculture ‘‘(a) IN GENERAL.— officer. currently with any other sentence; ‘‘(1) BARS TO IMMIGRATION RELIEF AND BENE- ‘‘(B) an alien described in subsection (a) ‘‘(6) ATTEMPT.—Any person who attempts FITS.—Any alien who has been denied admis- to commit any offense under this section who was removed from the United States sion, excluded, deported, or removed or has pursuant to section 237(a)(4)(B) and there- shall be punished in the same manner as for departed the United States while an order of a completion of such offense. after, without the permission of the Sec- exclusion, deportation, or removal is out- retary, enters, attempts to enter, or is at ‘‘(b) IMPROPER TIME OR PLACE; CIVIL PEN- standing shall be ineligible for all immigra- any time found in, the United States (unless ALTIES.— tion benefits or relief available under the im- the Secretary has expressly consented to ‘‘(1) IN GENERAL.—Any alien who is appre- migration laws, including relief under sec- such alien’s reentry) shall be fined under hended while entering, attempting to enter, tions 240A(b)(1), 240B(b), 245, 248, and 249, title 18, United States Code, imprisoned for or crossing or attempting to cross the border other than asylum, relief as a victim of traf- not more than 15 years, or both; and to the United States at a time or place other ficking under section 101(a)(15)(T), relief as a ‘‘(C) an alien described in subsection (a) than as designated by an immigration officer victim of criminal activity under section who has been denied admission, excluded, de- shall be subject to a civil penalty, in addi- 101(a)(15)(U), relief under the Violence ported, or removed 2 or more times for any tion to any criminal or other civil penalties Against Women Act of 1994 (42 U.S.C. 13701 et reason and thereafter enters, attempts to that may be imposed under any other provi- seq.) as a spouse or child who has been bat- enter, crosses the border into, attempts to sion of law, in an amount equal to— tered or subjected to extreme cruelty, relief cross the border into, or is at any time found ‘‘(A) not less than $50 but not more than as a battered spouse or child under section in, the United States, shall be fined under $250 for each such entry, crossing, attempted 240A(b)(2), withholding of removal under sec- title 18, United States Code, imprisoned not entry, or attempted crossing; or tion 241(b)(3), or protection from removal more than 15 years, or both. ‘‘(B) twice the amount described in sub- based on a claim under the Convention ‘‘(2) REENTRY OF CRIMINAL ALIENS AFTER paragraph (A) if the alien had previously Against Torture and Other Cruel, Inhuman REMOVAL.—Notwithstanding the penalties been subject to a civil penalty under this or Degrading Treatment or Punishment, under subsection (a)(2), and except as pro- subsection. done at New York, December 10, 1984, if, vided in subsection (c)— ‘‘(2) CIVIL PENALTIES.—Civil penalties after such denial, exclusion, deportation, re- ‘‘(A) an alien described in subsection (a) under paragraph (1) are in addition to, and moval, or departure, the alien enters, at- who was convicted, on a date that is before not in place of, any criminal or other civil tempts to enter, crosses the border into, at- the date on which the alien was subject to penalties that may be imposed.’’. tempts to cross the border into, or is at any removal or departure, of a significant mis- (b) ENHANCED PENALTIES.—Section 275 of time found in, the United States, unless— demeanor shall be fined under title 18, the Immigration and Nationality Act (8 ‘‘(A) if the alien is seeking admission more United States Code, imprisoned not more U.S.C. 1325) is amended by adding at the end than 10 years after the date of the alien’s than 10 years, or both; the following: last departure from the United States, the ‘‘(B) an alien described in subsection (a) ‘‘(e) ENHANCED PENALTY FOR TERRORIST Secretary, before the alien’s reembarkation who was convicted, on a date that is before ALIENS.—Any alien who commits an offense at a place outside of the United States or the the date on which the alien was subject to described in subsection (a) for the purpose of alien’s application for admission from a for- removal or departure, of 2 or more mis- engaging in, or with the intent to engage in, eign contiguous territory, has expressly con- demeanors involving drugs, crimes against any Federal crime of terrorism (as defined in sented to such alien’s reapplying for admis- the person, or both, shall be fined under title section 2332b(g) of title 18, United States sion; or 18, United States Code, imprisoned not more Code) shall be imprisoned for not less than 10 ‘‘(B) with respect to an alien previously de- than 10 years, or both; years and not more than 30 years.’’. nied admission and removed, such alien es- ‘‘(C) an alien described in subsection (a) (c) CLERICAL AMENDMENT.—The table of tablishes that the alien was not required to who was convicted, on a date that is before contents in the first section of the Immigra- obtain such advance consent under this Act the date on which the alien was subject to tion and Nationality Act is amended by or any other Act. removal or departure, of 3 or more mis- striking the item relating to section 275 and ‘‘(2) CRIMINAL OFFENSES.—Any alien who— demeanors for which the alien was sentenced inserting the following: ‘‘(A) has been denied admission, deported, to a term of imprisonment of not less than 90 ‘‘Sec. 275. Illegal entry.’’. or removed or has departed the United days for each offense, or 12 months in the ag- (d) APPLICATION.— States while an order of deportation, or re- gregate, shall be fined under title 18, United (1) PRIOR CONVICTIONS.—Section 275(a)(4) of moval is outstanding; and States Code, imprisoned not more than 10 the Immigration and Nationality Act shall ‘‘(B) after such denial, removal or depar- years, or both; apply only to violations of section 275(a)(2) of ture, enters, attempts to enter, crosses the ‘‘(D) an alien described in subsection (a) that Act (8 U.S.C. 1325(a)(2)) committed on or border into, attempts to cross the border who was convicted, on a date that is before after the date of enactment of this Act. into, or is at any time found in, the United the date on which the alien was subject to (2) BARS TO IMMIGRATION RELIEF AND BENE- States, unless— removal or departure, of a felony for which FITS.—Section 275(a)(1) of the Immigration ‘‘(i) if the alien is seeking admission more the alien was sentenced to a term of impris- and Nationality Act (8 U.S.C. 1325(a)(2)) shall than 10 years after the date of the alien’s onment of not less than 30 months shall be take effect on the date of enactment of this last departure from the United States, the fined under such title, imprisoned not more Act and apply to any alien who, on or after Secretary, before the alien’s reembarkation than 15 years, or both; that date of enactment— at a place outside the United States or the ‘‘(E) an alien described in subsection (a) (A) enters or crosses, or attempts to enter alien’s application for admission from a for- who was convicted, on a date that is before or cross, the border into the United States at eign contiguous territory, has expressly con- the date on which the alien was subject to any time or place other than as designated sented to such alien’s reapplying for admis- removal or departure, of a felony for which by immigration officers; sion; or the alien was sentenced to a term of impris- (B) eludes, at any time or place, examina- ‘‘(ii) with respect to an alien previously de- onment of not less than 5 years shall be fined tion or inspection by an authorized immigra- nied admission and removed, such alien es- under such title, imprisoned not more than tion, customs, or agriculture officer (includ- tablishes that the alien was not required to 20 years, or both; ing failing to stop at the command of such obtain such advance consent under this Act ‘‘(F) an alien described in subsection (a) officer); or or any other Act, who was convicted of 3 or more felonies of

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.018 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S1012 CONGRESSIONAL RECORD — SENATE February 14, 2018 any kind shall be fined under such title, im- ‘‘(2) shall be subject to such other penalties SEC. 1607. LAUNDERING OF MONETARY INSTRU- prisoned not more than 25 years, or both; and relating to the reentry of removed aliens as MENTS. ‘‘(G) an alien described in subsection (a) may be available under this section or any Section 1956(c)(7)(D) of title 18, United who was convicted, on a date that is before other provision of law. States Code, is amended by inserting ‘‘sec- the date on which the alien was subject to tion 1590 (relating to trafficking with respect ‘‘(h) DEFINITIONS.—In this section: removal or departure or after such removal to peonage, slavery, involuntary servitude, ‘‘(1) CROSS THE BORDER.—The term ‘cross or forced labor),’’ after ‘‘section 1363 (relat- or departure, for murder, rape, kidnapping, the border’ refers to the physical act of or a felony offense described in chapter 77 ing to destruction of property within the crossing the border, regardless of whether special maritime and territorial jurisdic- (relating to peonage and slavery) or 113B (re- the alien is free from official restraint. lating to terrorism) of such title shall be tion),’’. ‘‘(2) FELONY.—The term ‘felony’ means any fined under such title, imprisoned not more criminal offense punishable by a term of im- SEC. 1608. FREEZING BANK ACCOUNTS OF INTER- NATIONAL CRIMINAL ORGANIZA- than 25 years, or both. prisonment of more than 1 year under the ‘‘(c) MANDATORY MINIMUM CRIMINAL PEN- TIONS AND MONEY LAUNDERERS. laws of the United States, any State, or a ALTY FOR REENTRY OF CERTAIN REMOVED Section 981(b) of title 18, United States foreign government. ALIENS.—Notwithstanding the penalties Code, is amended by adding at the end the ‘‘(3) MISDEMEANOR.—The term ‘mis- under subsections (a) and (b), an alien de- following: demeanor’ means any criminal offense pun- scribed in subsection (a) shall be imprisoned ‘‘(5)(A) If a person is arrested or charged in ishable by a term of imprisonment of not not less than 5 years and not more than 20 connection with an offense described in sub- years, and may, in addition, be fined under more than 1 year under the applicable laws paragraph (C) involving the movement of title 18, United States Code, if the alien— of the United States, any State, or a foreign funds into or out of the United States, the ‘‘(1) was convicted, on a date that is before government. Attorney General may apply to any Federal the date on which the alien was subject to ‘‘(4) REMOVAL.—The term ‘removal’ in- judge or magistrate judge in the district in removal or departure, of an aggravated fel- cludes any denial of admission, deportation, which the arrest is made or where the ony; or or removal, or any agreement by which an charges are filed for an ex parte order re- ‘‘(2) was convicted at least twice of illegal alien stipulates or agrees to deportation, or straining any account held by the person ar- reentry under this section on 1 or more dates removal. rested or charged for not more than 30 days. that are before the date on which such re- ‘‘(5) SIGNIFICANT MISDEMEANOR.—The term Such 30-day period may be extended for good moval or departure. ‘significant misdemeanor’ means a mis- cause shown at a hearing conducted in the ‘‘(d) PROOF OF PRIOR CONVICTIONS.—The demeanor crime that— manner provided in Rule 43 of the Federal prior convictions described in subsection ‘‘(A) involves the use or attempted use of Rules of Civil Procedure. The court may re- (b)(2) are elements of the crimes described in physical force, or threatened use of a deadly ceive and consider evidence and information that subsection, and the penalties in that weapon, committed by a current or former submitted by the Government that would be subsection shall apply only in cases in which spouse, parent, or guardian of the victim, by inadmissible under the Federal Rules of Evi- the 1 or more convictions that form the basis a person with whom the victim shares a dence. for the additional penalty are— child in common, by a person who is cohab- ‘‘(B) The application for a restraining ‘‘(1) alleged in the indictment or informa- iting with or has cohabited with the victim order under subparagraph (A) shall— tion; and as a spouse, parent, or guardian, or by a per- ‘‘(i) identify the offense for which the per- ‘‘(2)(A) proven beyond a reasonable doubt son similarly situated to a spouse, parent, or son has been arrested or charged; at trial; or guardian of the victim; ‘‘(ii) identify the location and description ‘‘(B) admitted by the defendant. ‘‘(B) is a sexual assault (as defined in sec- of the accounts to be restrained; and ‘‘(e) AFFIRMATIVE DEFENSES.—It shall be an tion 40002(a) of the Violent Crime Control ‘‘(iii) state that the restraining order is affirmative defense to a violation of this sec- and Law Enforcement Act of 1994 (34 U.S.C. needed to prevent the removal of the funds tion that— 12291(a)); in the account by the person arrested or ‘‘(1) on a date that is before the date of the ‘‘(C) involved the unlawful possession of a charged, or by others associated with such alleged violation, the alien sought and re- firearm (as defined in section 921 of title 18, person, during the time needed by the Gov- ceived the express consent of the Secretary United States Code); ernment to conduct such investigation as to reapply for admission into the United ‘‘(D) is a crime of violence (as defined in may be necessary to establish whether there States; or section 16 of title 18, United States Code); or is probable cause to believe that the funds in ‘‘(2) with respect to an alien previously de- ‘‘(E) is an offense under Federal, State, or the accounts are subject to forfeiture in con- nied admission and removed, the alien— Tribal law, that has, as an element, the use nection with the commission of any criminal ‘‘(A) was not required to obtain such ad- or attempted use of physical force or the offense. vance consent under this Act or any other threatened use of physical force or a deadly ‘‘(C) An offense described in this subpara- Act; and weapon. graph is any offense for which forfeiture is ‘‘(B) complied with all other laws and regu- ‘‘(6) STATE.—The term ‘State’ means a authorized under this title, title 31, or the lations governing the alien’s admission into State of the United States, the District of Controlled Substances Act (21 U.S.C. 801 et the United States. Columbia, and any commonwealth, territory, seq.). ‘‘(f) LIMITATION ON COLLATERAL ATTACK ON or possession of the United States.’’. ‘‘(D) For purposes of this section— UNDERLYING REMOVAL ORDER.—In a criminal (c) EFFECTIVE DATE; APPLICABILITY.—Sec- ‘‘(i) the term ‘account’ includes any safe proceeding under this section, an alien may tion 276(a)(1) of the Immigration and Nation- deposit box and any account (as defined in not challenge the validity of a removal order paragraphs (1) and (2) of section 5318A(e) of ality Act (8 U.S.C. 1326(a)(1)) shall take effect described in subsection (a), (b), or (c) con- title 31, United States Code) at any financial on the date of enactment of this Act and cerning the alien unless the alien dem- institution; and onstrates that— shall apply to any alien who, on or after that ‘‘(ii) the term ‘account held by the person ‘‘(1) the alien exhausted any administra- date of enactment— arrested or charged’ includes an account held tive remedies that may have been available (1) has been denied admission, excluded, in the name of such person, and any account to seek relief against the order; deported, or removed or has departed the over which such person has effective control ‘‘(2) the removal or deportation pro- United States while an order of exclusion, as a signatory or otherwise. ceedings at which the order was issued im- deportation, or removal is outstanding; and ‘‘(E) A restraining order issued under this properly deprived the alien of the oppor- (2) after such denial, exclusion, deportation paragraph shall not be considered a ‘seizure’ tunity for judicial review; and or removal, enters, attempts to enter, for purposes of section 983(a). ‘‘(3) the entry of the order was fundamen- crosses the border into, attempts to cross ‘‘(F) A restraining order issued under this tally unfair. the border into, or is at any time found in, paragraph may be executed in any district in ‘‘(g) REENTRY OF ALIEN REMOVED BEFORE the United States, unless— which the subject account is found, or trans- THE COMPLETION OF THE TERM OF IMPRISON- (A) if the alien is seeking admission more mitted to the central authority of any for- MENT.—Any alien removed pursuant to sec- than 10 years after the date of the alien’s eign State for service in accordance with any tion 241(a)(4) who enters, attempts to enter, last departure from the United States, the treaty or other international agreement.’’. crosses the border into, attempts to cross Secretary of Homeland Security, before the SEC. 1609. CRIMINAL PROCEEDS LAUNDERED the border into, or is at any time found in, alien’s reembarkation at a place outside the THROUGH PREPAID ACCESS DE- the United States— United States or the alien’s application for VICES, DIGITAL CURRENCIES, OR ‘‘(1) shall be incarcerated for the remain- admission from a foreign contiguous terri- OTHER SIMILAR INSTRUMENTS. der of the sentence of imprisonment that was tory, has expressly consented to such alien’s (a) IN GENERAL.— pending at the time of deportation or re- reapplying for admission; or (1) DEFINITIONS.— moval without any reduction for parole or (B) with respect to an alien previously de- (A) ADDITION OF ISSUERS, REDEEMERS, AND supervised release unless the alien affirma- nied admission and removed, such alien es- CASHIERS OF PREPAID ACCESS DEVICES AND DIG- tively demonstrates that the Secretary has tablishes that the alien was not required to ITAL CURRENCIES TO THE DEFINITION OF FINAN- expressly consented to the alien’s reentry (if obtain such advance consent under the Im- CIAL INSTITUTIONS.—Section 5312(a)(2)(K) of a request for consent to reapply is author- migration and Nationality Act (8 U.S.C. 1101 title 31, United States Code, is amended to ized under this section); and et seq.) or any other Act. read as follows:

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.018 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S1013 ‘‘(K) an issuer, redeemer, or cashier of ‘‘(ii) avoids, or is intended to avoid, a ‘‘(ii) any other activity which would be un- travelers’ checks, checks, money orders, pre- transaction reporting requirement under lawful if committed in the United States; or paid access devices, digital currencies, or State or Federal law,’’; and ‘‘(iii) any activity a purpose of which is the any digital exchanger or tumbler of digital (2) in paragraph (2)(B), by striking ‘‘(B) opposition to, or the control or overthrow of, currency;’’. knowing that’’ and all that follows through the Government of the United States by (B) ADDITION OF PREPAID ACCESS DEVICES TO ‘‘Federal law,’’ in clause (ii) and inserting force, violence, or other unlawful means, THE DEFINITION OF MONETARY INSTRUMENTS.— the following: is inadmissible.’’. Section 5312(a)(3)(B) of title 31, United States ‘‘(B) knowing that the monetary instru- (b) TERRORIST ACTIVITIES.—Section Code, is amended by inserting ‘‘prepaid ac- ment or funds involved in the transpor- 212(a)(3)(B)(i) of the Immigration and Na- cess devices,’’ after ‘‘delivery,’’. tation, transmission, or transfer represent tionality Act (8 U.S.C. 1182(a)(3)(B)(i)) is (C) PREPAID ACCESS DEVICE.—Section 5312 the proceeds of some form of unlawful activ- amended— of such title is amended— ity, and knowing that such transportation, (1) in subclause (III), by inserting ‘‘or sub- (i) by redesignating paragraph (6) as para- transmission, or transfer— stantial damage to property’’ before ‘‘, in- graph (7); and ‘‘(i) conceals or disguises, or is intended to cited terrorist activity’’; (ii) by inserting after paragraph (5) the fol- conceal or disguise, the nature, source, loca- (2) in subclause (IV), by inserting ‘‘or has lowing: tion, ownership, or control of the proceeds of been’’ before ‘‘a representative’’; ‘‘(6) ‘prepaid access device’ means an elec- some form of unlawful activity; or (3) in subclause (V), by inserting ‘‘or has tronic device or vehicle, such as a card, ‘‘(ii) avoids, or is intended to avoid, a been’’ before ‘‘a member’’; plate, code, number, electronic serial num- transaction reporting requirement under (4) in subclause (VI), by inserting ‘‘or has ber, mobile identification number, personal State or Federal law,’’. been’’ before ‘‘a member’’; identification number, or other instrument (b) PROCEEDS OF A FELONY.—Section (5) by amending subclause (VII) to read as that provides a portal to funds or the value 1956(c)(1) of title 18, United States Code, is follows: of funds that have been paid in advance and amended by inserting ‘‘, and regardless of ‘‘(VII) endorses or espouses, or has en- can be retrievable and transferable at some whether the person knew that the activity dorsed or espoused, terrorist activity or per- point in the future.’’. constituted a felony’’ before the semicolon suades or has persuaded others to endorse or (2) GAO REPORT.—Not later than 18 months at the end. espouse terrorist activity or support a ter- after the date of enactment of this Act, the Subtitle G—Protecting National Security and rorist organization;’’; Comptroller General of the United States Public Safety (6) by amending subclause (IX) to read as shall submit a report to Congress that de- CHAPTER 1—GENERAL MATTERS follows: scribes— ‘‘(IX) is the spouse or child of an alien who (A) the impact of amendments made by SEC. 1701. DEFINITIONS OF TERRORIST ACTIV- is inadmissible under this subparagraph if— ITY, ENGAGE IN TERRORIST ACTIV- paragraph (1) on law enforcement, the pre- ITY, AND TERRORIST ORGANIZA- ‘‘(aa) the activity causing the alien to be paid access device industry, and consumers; TION. found inadmissible occurred within the last and (a) DEFINITION OF ENGAGE IN TERRORIST AC- 10 years; and (B) the implementation and enforcement TIVITY.—Section 212(a)(3)(B)(iv)(I) of the Im- ‘‘(bb)(AA) the spouse or child knew, or by the Department of the Treasury of the migration and Nationality Act (8 U.S.C. should reasonably have known, of the activ- final rule relating to ‘‘Bank Secrecy Act 1182(a)(3)(B)(iv)(I)) is amended to read as fol- ity causing the alien to be found inadmis- Regulations—Definitions and Other Regula- lows: sible under this section; and tions Relating to Prepaid Access’’ (76 Fed. ‘‘(I) to commit a terrorist activity or, ‘‘(BB) the consular officer or Attorney Reg. 45403 (July 29, 2011)). under circumstances indicating an intention General does not have reasonable grounds to (b) U.S. CUSTOMS AND BORDER PROTECTION to cause death, serious bodily harm, or sub- believe that the spouse or child has re- STRATEGY FOR PREPAID ACCESS DEVICES.— stantial damage to property, to incite an- nounced the activity causing the alien to be Not later than 18 months after the date of other person to commit a terrorist activ- found inadmissible under this section.’’; and enactment of this Act, the Secretary of ity;’’. (7) by striking the undesignated matter Homeland Security, in consultation with the (b) DEFINITION OF TERRORIST ORGANIZA- following subclause (IX). Commissioner of U.S. Customs and Border TION.—Section 212(a)(3)(B)(vi)(III) of such Act (c) PALESTINE LIBERATION ORGANIZATION.— Protection, shall submit to Congress a report (8 U.S.C. 1182(a)(3)(B)(vi)(III)) is amended to Section 212(a)(3)(B) of the Immigration and that— read as follows: Nationality Act (8 U.S.C. 1182(a)(3)(B)) is (1) details a strategy to interdict and de- ‘‘(III) that is a group of 2 or more individ- amended by adding at the end the following: tect prepaid access devices, digital cur- uals, whether organized or not, which en- ‘‘(vii) PALESTINE LIBERATION ORGANIZA- rencies, or other similar instruments, at bor- gages in, or has a subgroup that engages in, TION.—An alien who is an officer, official, der crossings and other ports of entry for the the activities described in subclauses (I) representative, or spokesman of the Pal- United States; and through (VI) of clause (iv), if the group or estine Liberation Organization is considered, (2) includes an assessment of the infra- subgroup presents a threat to the national for purposes of this Act, to be engaged in ter- structure needed to carry out the strategy security of the United States.’’. rorist activity.’’. detailed pursuant to paragraph (1). (c) EFFECTIVE DATE.— (d) BARS TO IMMIGRATION RELIEF.—Any (c) MONEY SMUGGLING THROUGH BLANK (1) IN GENERAL.—The amendments made by alien described in section 212(a)(3)(B) or CHECKS IN BEARER FORM.—Section 5316 of this section shall take effect on the date of 237(a)(4)(B) is not eligible and may not apply title 31, United States Code, is amended by the enactment of this Act. for any immigration benefits or relief avail- adding at the end the following: (2) APPLICABILITY.—Section 212(a)(3) of the able under this Act. Such aliens are only eli- ‘‘(e) MONETARY INSTRUMENTS WITH AMOUNT Immigration and Nationality Act, as amend- gible to seek deferral of removal pursuant to LEFT BLANK.—For purposes of this section, a ed by this section, shall apply to— the Convention Against Torture and Other monetary instrument in bearer form that (A) removal proceedings instituted before, Cruel, Inhuman or Degrading Treatment or has the amount left blank, such that the on, or after the date of the enactment of this Punishment, done at New York, December amount could be filled in by the bearer, shall Act; and 10, 1984. be considered to have a value of more than (B) acts and conditions constituting a SEC. 1703. EXPEDITED REMOVAL FOR ALIENS IN- $10,000 if the monetary instrument was ground for inadmissibility, excludability, de- ADMISSIBLE ON CRIMINAL OR SECU- drawn on an account that contained or was portation, or removal occurring or existing RITY GROUNDS. intended to contain more than $10,000 at the before, on, or after such date. (a) IN GENERAL.—Section 238 of the Immi- time the monetary instrument was— SEC. 1702. TERRORIST AND SECURITY-RELATED gration and Nationality Act (8 U.S.C. 1228) is ‘‘(1) transported; or GROUNDS OF INADMISSIBILITY. amended— ‘‘(2) negotiated.’’. (a) SECURITY AND RELATED GROUNDS.—Sec- (1) in the section heading, by adding at the SEC. 1610. CLOSING THE LOOPHOLE ON DRUG tion 212(a)(3)(A) of the Immigration and Na- end the following: ‘‘or who are subject to ter- CARTEL ASSOCIATES ENGAGED IN tionality Act (8 U.S.C. 1182(a)(3)(A)) is rorism-related grounds for removal’’; MONEY LAUNDERING. amended to read as follows: (2) in subsection (b)— (a) INTENT TO CONCEAL OR DISGUISE.—Sec- ‘‘(A) IN GENERAL.—Any alien who a con- (A) in paragraph (1)— tion 1956(a) of title 18, United States Code, is sular officer, the Attorney General, or the (i) by striking ‘‘Attorney General’’ and in- amended— Secretary knows, or has reasonable ground serting ‘‘Secretary, in the Secretary’s sole (1) in paragraph (1)(B), by striking ‘‘(B) to believe, seeks to enter the United States and unreviewable discretion,’’; and knowing that’’ and all that follows through to engage solely, principally, or incidentally, (ii) by striking ‘‘set forth in this sub- ‘‘Federal law,’’ in clause (ii) and inserting in, or who is engaged in— section or’’ and inserting ‘‘set forth in this the following: ‘‘(i) any activity— subsection, in lieu of removal proceedings ‘‘(B) knowing that the transaction— ‘‘(I) to violate any law of the United States under’’; ‘‘(i) conceals or disguises, or is intended to relating to espionage or sabotage; or (B) in paragraphs (3) and (4), by striking conceal or disguise, the nature, source, loca- ‘‘(II) to violate or evade any law prohib- ‘‘Attorney General’’ each place that term ap- tion, ownership, or control of the proceeds of iting the export from the United States of pears and inserting ‘‘Secretary’’; some form of unlawful activity; or goods, technology, or sensitive information; (C) in paragraph (5)—

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(i) by striking ‘‘described in this section’’ ‘‘(D) a determination is made on the record ‘‘(2) LENGTH OF TEMPORARY DUTY ASSIGN- and inserting ‘‘described in paragraph (1) or that the individual upon whom the notice for MENTS.—The initial period for a temporary (2)’’; and the proceeding under this section is served duty assignment authorized under this sub- (ii) by striking ‘‘the Attorney General may (either in person or by mail) is, in fact, the section shall be 1 year. The temporary duty grant in the Attorney General’s discretion.’’ alien named in such notice; assignment may be extended for additional and inserting ‘‘the Secretary or the Attorney ‘‘(E) a record is maintained for judicial re- periods of time as agreed to by the Secretary General may grant, in the sole and view; and and the State or political subdivision of the unreviewable discretion of the Secretary or ‘‘(F) the final order of removal is not adju- State to ensure continuity of operations, co- the Attorney General, in any proceeding.’’; dicated by the same person who issues the operation, and coverage. (D) by redesignating paragraphs (3), (4), charges. ‘‘(3) TECHNOLOGY USAGE.—The Secretary and (5) as paragraphs (4), (5), and (6), respec- ‘‘(4) LIMITATION ON RELIEF FROM RE- shall provide U.S. Customs and Border Pro- tively; and MOVAL.—No alien described in this sub- tection and U.S. Immigration and Customs (E) by inserting after paragraph (2) the fol- section shall be eligible for any relief from Enforcement agents, officers, and investiga- lowing: removal that the Secretary may grant in the tors on a temporary duty assignment under ‘‘(3) The Secretary, in the exercise of dis- Secretary’s discretion.’’. this subsection mobile access to Federal cretion, may determine inadmissibility (b) CLERICAL AMENDMENT.—The table of databases containing alien information, live under section 212(a)(2) and issue an order of contents of the Immigration and Nationality scan technology for collection of biometrics, removal pursuant to the procedures set forth Act (8 U.S.C. 1101 et seq.) is amended by and video-conferencing capability for use at in this subsection, in lieu of removal pro- striking the item relating to section 238 and local police departments or precincts in re- ceedings under section 240, with respect to inserting the following: mote locations. an alien who— ‘‘Sec. 238. Expedited removal of aliens con- ‘‘(4) REPORT.—Not later than 1 year after ‘‘(A) has not been admitted or paroled; victed of aggravated felonies or the date of the enactment of the SECURE ‘‘(B) has not been found to have a credible who are subject to terrorism-re- and SUCCEED Act, the Secretary shall sub- fear of persecution pursuant to the proce- lated grounds for removal.’’. mit a report to the Committee on the Judici- dures set forth in 235(b)(1)(B); and (c) EFFECTIVE DATE AND APPLICATION.—The ary of the Senate, the Committee on Home- ‘‘(C) is not eligible for a waiver of inadmis- amendments made by this section shall take land Security and Governmental Affairs of sibility or relief from removal.’’; effect on the date of the enactment of this the Senate, the Committee on the Judiciary (3) by redesignating the first subsection (c) Act, but shall not apply to aliens who are in of the House of Representatives, and the as subsection (d); removal proceedings under section 240 of the Committee on Homeland Security of the (4) by redesignating the second subsection Immigration and Nationality Act (8 U.S.C. House of Representatives that identifies— (c), as so designated by section 617(b)(13) of 1229a) on such date of enactment. ‘‘(A) the number of States that have en- the Illegal Immigration Reform and Immi- SEC. 1704. DETENTION OF REMOVABLE ALIENS. tered into an agreement under this sub- grant Responsibility Act of 1996 (division C (a) CRIMINAL ALIEN ENFORCEMENT PART- section; of Public Law 104–208; 110 Stat. 3009–720)), as NERSHIPS.—Section 287 of the Immigration ‘‘(B) the number of criminal aliens proc- subsection (e); and and Nationality Act (8 U.S.C. 1357), as essed by the U.S. Customs and Border Pro- (5) by inserting after subsection (b) the fol- amended by section 1123, is amended by add- tection agent or officer or U.S. Immigration lowing: ing at the end the following: and Customs Enforcement agent or investi- ‘‘(c) REMOVAL OF ALIENS WHO ARE SUBJECT ‘‘(j) CRIMINAL ALIEN ENFORCEMENT PART- gator during the temporary duty assign- TO TERRORISM-RELATED GROUNDS FOR RE- NERSHIPS.— ment; and MOVAL.— ‘‘(1) IN GENERAL.—The Secretary may enter ‘‘(C) the number of criminal aliens trans- ‘‘(1) IN GENERAL.—The Secretary— into a written agreement with a State, or ferred from State to Federal custody during ‘‘(A) notwithstanding section 240, shall— with any political subdivision of a State, to the agreement period.’’. ‘‘(i) determine the inadmissibility of every authorize the temporary placement of 1 or (b) DETENTION, RELEASE, AND REMOVAL OF alien under subclause (I), (II), or (III) of sec- more U.S. Customs and Border Protection ALIENS ORDERED REMOVED.— tion 212(a)(3)(B)(i), or the deportability of agents or officers or U.S. Immigration and (1) REMOVAL PERIOD.— the alien under section 237(a)(4)(B) as a con- Customs Enforcement agents or investiga- (A) IN GENERAL.—Section 241(a)(1)(A) of the sequence of being described in 1 of such sub- tors at a local police department or pre- Immigration and Nationality Act (8 U.S.C. clauses; and cinct— 1231(a)(1)(A)) is amended by striking ‘‘Attor- ‘‘(ii) issue an order of removal pursuant to ‘‘(A) to determine the immigration status ney General’’ and inserting ‘‘Secretary’’. the procedures set forth in this subsection to of any individual arrested by a State, coun- (B) BEGINNING OF PERIOD.—Section every alien determined to be inadmissible or ty, or local police, enforcement, or peace of- 241(a)(1)(B) of such Act (8 U.S.C. 1231(a)(1)(B)) deportable on a ground described in clause ficer for any criminal offense; is amended to read as follows: (i); and ‘‘(B) to issue charging documents and no- ‘‘(B) BEGINNING OF PERIOD.— ‘‘(B) may— tices related to the initiation of removal ‘‘(i) IN GENERAL.—Subject to clause (ii), the ‘‘(i) determine the inadmissibility of any proceedings or reinstatement of prior re- removal period begins on the date that is the alien under subparagraph (A) or (B) of sec- moval orders under section 241(a)(5); latest of the following: tion 212(a)(3) (other than subclauses (I), (II), ‘‘(C) to enter information directly into the ‘‘(I) If the alien is ordered removed, the and (III) of section 212(a)(3)(B)(i)), or the de- National Crime Information Center (NCIC) date pursuant to an administratively final portability of the alien under subparagraph database, Immigration Violator File, includ- removal order and the Secretary takes the (A) or (B) of section 237(a)(4) (as a con- ing— alien into custody for removal. sequence of being described in subclause (I), ‘‘(i) the alien’s address; ‘‘(II) If the alien is detained or confined (II), or (III) of section 212(a)(3)(B)(i)); and ‘‘(ii) the reason for the arrest; (except under an immigration process), the ‘‘(ii) issue an order of removal pursuant to ‘‘(iii) the legal cite of the State law vio- date on which the alien is released from de- the procedures set forth in this subsection to lated or for which the alien is charged; tention or confinement. every alien determined to be inadmissible or ‘‘(iv) the alien’s driver’s license number ‘‘(ii) BEGINNING OF REMOVAL PERIOD FOL- deportable on a ground described in clause and State of issuance, if the alien has a driv- LOWING A TRANSFER OF CUSTODY.—If the Sec- (i). er’s license; retary transfers custody of the alien pursu- ‘‘(2) LIMITATION.—The Secretary may not ‘‘(v) any other identification document ant to law to another Federal agency or to execute any order described in paragraph (1) held by the alien and issuing entity for such an agency of a State or local government in until 30 days after the date on which such identification documents; and connection with the official duties of such order was issued, unless waived by the alien, ‘‘(vi) any identifying marks, such as tat- agency, the removal period for the alien— to give the alien an opportunity to petition toos, birthmarks, and scars; ‘‘(I) shall be tolled; and for judicial review under section 242. ‘‘(D) to collect biometrics, including iris, ‘‘(II) shall resume on the date on which the ‘‘(3) PROCEEDINGS.—The Secretary shall fingerprint, photographs, and signature, of alien is returned to the custody of the Sec- prescribe regulations to govern proceedings the alien and to enter such information into retary.’’. under this subsection, which shall require the Automated Biometric Identification Sys- (C) SUSPENSION OF PERIOD.—Section that— tem (IDENT) and any other Department of 241(a)(1)(C) of such Act (8 U.S.C. 1231(a)(1)(C)) ‘‘(A) the alien is given reasonable notice of Homeland Security or law enforcement data- is amended to read as follows: the charges and of the opportunity described base authorized for storage of biometric in- ‘‘(C) SUSPENSION OF PERIOD.—The removal in subparagraph (C); formation for aliens; and period shall be extended beyond a period of ‘‘(B) the alien has the privilege of being ‘‘(E) to make advance arrangements for 90 days and the alien may remain in deten- represented (at no expense to the Govern- the immediate transfer from State to Fed- tion during such extended period if— ment) by such counsel, authorized to prac- eral custody of any criminal alien when the ‘‘(i) the alien fails or refuses to make all tice in such proceedings, as the alien shall alien is released, without regard to whether reasonable efforts to comply with the order choose; the alien is released on parole, supervised re- of removal or to fully cooperate with the ef- ‘‘(C) the alien has a reasonable opportunity lease, or probation, and without regard to forts of the Secretary to establish the alien’s to inspect the evidence and rebut the whether the alien may be arrested and im- identity and carry out the order of removal, charges; prisoned again for the same offense. including making timely application in good

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and ‘‘(I) make a determination whether to re- 1231(a)(2)) is amended— (ii) by adding at the end the following: lease an alien described in clause (i) after the (A) by inserting ‘‘(A) IN GENERAL.—’’ before ‘‘(h) JUDICIAL REVIEW OF DECISION TO REIN- end of the alien’s removal period; and ‘‘During’’; STATE REMOVAL ORDER UNDER SECTION ‘‘(II) in making a determination under sub- (B) by striking ‘‘Attorney General’’ and in- 241(A)(5).— clause (I), consider any evidence submitted serting ‘‘Secretary’’; and ‘‘(1) REVIEW OF DECISION TO REINSTATE RE- by the alien, and may consider any other evi- (C) by adding at the end the following: MOVAL ORDER.—Judicial review of determina- dence, including any information or assist- ‘‘(B) DURING A PENDENCY OF A STAY.—If a tions under section 241(a)(5) is available in ance provided by the Department of State or court, the Board of Immigration Appeals, or an action under subsection (a). other Federal agency and any other informa- an immigration judge orders a stay of re- ‘‘(2) NO REVIEW OF ORIGINAL ORDER.—Not- tion available to the Secretary pertaining to moval of an alien who is subject to an order withstanding any other provision of law the ability to remove the alien. of removal, the Secretary, in the Secretary’s (statutory or nonstatutory), including sec- ‘‘(9) AUTHORITY TO DETAIN BEYOND THE RE- sole and unreviewable exercise of discretion, tion 2241 of title 28, United States Code, any MOVAL PERIOD.—The Secretary, in the exer- and notwithstanding any provision of law, other habeas corpus provision, or sections cise of discretion, without any limitations including section 2241 of title 28, United 1361 and 1651 of such title, no court shall other than those specified in this section, States Code, may detain the alien during the have jurisdiction to review any cause or may continue to detain an alien for 90 days pendency of such stay of removal.’’. claim, arising from, or relating to, any chal- beyond the removal period (including any ex- (3) SUSPENSION AFTER 90-DAY PERIOD.—Sec- lenge to the original order.’’. tension of the removal period as provided in tion 241(a)(3) of the Immigration and Nation- (C) EFFECTIVE DATE AND APPLICATION.—The ality Act (8 U.S.C. 1231(a)(3)) is amended— amendments made by subparagraphs (A) and paragraph (1)(C))— (A) in the matter preceding subparagraph (B) shall take effect as if enacted on April 1, ‘‘(A) until the alien is removed, if the Sec- (A), by striking ‘‘Attorney General’’ and in- 1997, and shall apply to all orders reinstated retary determines that— serting ‘‘Secretary’’; or after that date by the Secretary of Home- ‘‘(i) there is a significant likelihood that (B) in subparagraph (C), by striking ‘‘At- land Security (or by the Attorney General the alien will be removed in the reasonably torney General’’ and inserting ‘‘Secretary’’; before March 1, 2003), regardless of the date foreseeable future; and of the original order. ‘‘(ii) the alien would be removed in the rea- (C) by amending subparagraph (D) to read (6) INADMISSIBLE OR CRIMINAL ALIENS.—Sec- sonably foreseeable future, or would have as follows: tion 241(a)(6) of the Immigration and Nation- been removed, but for the alien’s failure or ‘‘(D) to obey reasonable restrictions on the ality Act (8 U.S.C. 1231(a)(6)) is amended— refusal to make all reasonable efforts to alien’s conduct or activities, or to perform (A) by striking ‘‘Attorney General’’ and in- comply with the removal order, or to cooper- affirmative acts, that the Secretary pre- serting ‘‘Secretary’’; and ate fully with the Secretary’s efforts to es- scribes for the alien, in order to prevent the (B) by striking ‘‘removal period and, if re- tablish the alien’s identity and carry out the alien from absconding, for the protection of leased,’’ and inserting ‘‘removal period, in removal order, including making timely ap- the community, or for other purposes related the discretion of the Secretary, without any plication in good faith for travel or other to the enforcement of the immigration limitations other than those specified in this documents necessary to the alien’s depar- laws.’’. section, until the alien is removed,’’. ture, or conspiracies or acts to prevent re- (4) ALIENS IMPRISONED, ARRESTED, OR ON PA- (7) PAROLE; ADDITIONAL RULES; JUDICIAL RE- moval; ROLE, SUPERVISED RELEASE, OR PROBATION.— VIEW.—Section 241(a) of the Immigration and ‘‘(iii) the government of the foreign coun- Section 241(a)(4) of the Immigration and Na- Nationality Act (8 U.S.C. 1231(a)) is amend- try of which the alien is a citizen, subject, tionality Act (8 U.S.C. 1231(a)(4)) is amend- ed— national, or resident is denying or unreason- ed— (A) in paragraph (7), by striking ‘‘Attorney ably delaying accepting the return of the (A) in subparagraph (A), by striking ‘‘At- General’’ and inserting ‘‘Secretary’’; alien after the Secretary asks whether the torney General’’ and inserting ‘‘Secretary’’; (B) by redesignating paragraph (7) as para- government will accept an alien under sec- and graph (15); and tion 243(d); or (B) in subparagraph (B)— (C) by inserting after paragraph (6) the fol- ‘‘(iv) the government of the foreign coun- (i) in the matter preceding clause (i), by lowing: try of which the alien is a citizen, subject, striking ‘‘Attorney General’’ and inserting ‘‘(7) PAROLE.—Except for aliens subject to national, or resident is refusing to issue any ‘‘Secretary’’; detention under paragraph (6) and aliens sub- required travel or identity documents to (ii) in clause (i), by striking ‘‘if the Attor- ject to detention under section 236(c), 236A, allow the alien to return to that country; ney General’’ and inserting ‘‘if the Sec- or 238, if an alien who is detained is an appli- ‘‘(B) until the alien is removed, if the Sec- retary’’; and cant for admission, the Secretary, in the retary certifies in writing— (iii) in clause (ii)(III), by striking ‘‘Attor- Secretary’s sole and unreviewable discretion, ‘‘(i) in consultation with the Secretary of ney General’’ and inserting ‘‘Secretary’’. may parole the alien under section 212(d)(5) Health and Human Services, that the alien (5) REINSTATEMENT OF REMOVAL ORDERS and may provide, notwithstanding section has a highly contagious disease that poses a AGAINST ALIENS ILLEGALLY REENTERING.— 212(d)(5), that the alien shall not be returned threat to public safety; (A) IN GENERAL.—Section 241(a)(5) of the to custody unless the alien violates the con- ‘‘(ii) after receipt of a written rec- Immigration and Nationality Act (8 U.S.C. ditions of such parole or the alien’s removal ommendation from the Secretary of State, 1231(a)(5)) is amended to read as follows: becomes reasonably foreseeable, provided that release of the alien is likely to have se- ‘‘(5) REINSTATEMENT OF REMOVAL ORDERS that in no circumstance shall such alien be rious adverse foreign policy consequences for AGAINST ALIENS ILLEGALLY REENTERING.—If considered admitted. the United States; the Secretary determines that an alien has ‘‘(8) ADDITIONAL RULES FOR DETENTION OR ‘‘(iii) based on information available to the entered the United States illegally after hav- RELEASE OF CERTAIN ALIENS WHO WERE PRE- Secretary (including classified, sensitive, or ing been removed, deported, or excluded, or VIOUSLY ADMITTED TO THE UNITED STATES.— other information, and without regard to the having departed voluntarily, under an order ‘‘(A) APPLICATION.—The procedures set out grounds upon which the alien was ordered re- of removal, deportation, or exclusion, re- under this paragraph— moved), that there is reason to believe that gardless of the date of the original order or ‘‘(i) apply only to an alien who was pre- the release of the alien would threaten the the date of the illegal entry— viously admitted to the United States; and national security of the United States; ‘‘(A) the order of removal, deportation, or ‘‘(ii) do not apply to any other alien, in- ‘‘(iv) that the release of the alien will exclusion is reinstated from its original date cluding an alien detained pursuant to para- threaten the safety of the community or any and is not subject to being reopened or re- graph (6). person, conditions of release cannot reason- viewed notwithstanding section 242(a)(2)(D); ‘‘(B) ESTABLISHMENT OF DETENTION REVIEW ably be expected to ensure the safety of the ‘‘(B) the alien is not eligible and may not PROCESS FOR ALIENS WHO FULLY COOPERATE community or any person, and either— apply for any relief under this Act, regard- WITH REMOVAL.— ‘‘(I) the alien has been convicted of 1 or less of the date on which an application or ‘‘(i) REQUIREMENT TO ESTABLISH.—If an more aggravated felonies (as defined in sec- request for such relief may have been filed or alien has made all reasonable efforts to com- tion 101(a)(43)), 1 or more crimes identified made; ply with a removal order and to cooperate by the Secretary by regulation, or 1 or more ‘‘(C) the alien shall be removed under the fully with the efforts of the Secretary to es- attempts or conspiracies to commit any such order of removal, deportation, or exclusion tablish the alien’s identity and carry out the aggravated felonies or such identified at any time after the illegal entry; and removal order, including making timely ap- crimes, provided that the aggregate term of

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imprisonment for such attempts or conspir- (1) IN GENERAL.—Section 235 of the Immi- SEC. 1705. GAO STUDY ON DEATHS IN CUSTODY. acies is at least 5 years; or gration and Nationality Act (8 U.S.C. 1225) is Not later than 1 year after the date of the ‘‘(II) the alien has committed 1 or more amended by adding at the end the following: enactment of this Act, the Comptroller Gen- violent offenses (but not including a purely ‘‘(e) LENGTH OF DETENTION.— eral of the United States shall submit a re- political offense) and, because of a mental ‘‘(1) IN GENERAL.—An alien may be de- port to Congress on the deaths in custody of condition or personality disorder and behav- tained under this section while proceedings detainees held by the Department of Home- ior associated with that condition or dis- are pending, without limitation, until the land Security, which shall include, with re- order, the alien is likely to engage in acts of alien is subject to an administratively final spect to any such deaths— violence in the future; or order of removal or final grant of relief. (1) whether such death could have been ‘‘(v) that the release of the alien will ‘‘(2) EFFECT ON DETENTION UNDER SECTION prevented by the delivery of medical treat- threaten the safety of the community or any 241.—The length of detention under this sec- ment administered while the detainee was in person, conditions of release cannot reason- tion shall not affect the validity of any de- the custody of the Department of Homeland ably be expected to ensure the safety of the tention under section 241. Security; community or any person, and the alien has ‘‘(f) JUDICIAL REVIEW.—Without regard to (2) whether Department practices and pro- been convicted of at least one aggravated fel- the place of confinement, judicial review of cedures were properly followed and obeyed; ony (as defined in section 101(a)(43)); and any action or decision made pursuant to sub- (3) whether such practices and procedures section (e) shall be available exclusively in a ‘‘(C) pending a determination under sub- are sufficient to protect the health and safe- habeas corpus proceeding instituted in the paragraph (B), if the Secretary has initiated ty of such detainees; and United States District Court for the District (4) whether reports of such deaths were the administrative review process not later of Columbia and only if the alien has ex- than 30 days after the expiration of the re- made to the Deaths in Custody Reporting hausted all administrative remedies (statu- Program. moval period (including any extension of the tory and nonstatutory) available to the alien removal period as provided in paragraph as of right.’’. SEC. 1706. GAO STUDY ON MIGRANT DEATHS. Not later than 1 year after the date of the (1)(C)). (2) CONFORMING AMENDMENTS.—Section 236 ‘‘(10) RENEWAL AND DELEGATION OF CERTIFI- of the Immigration and Nationality Act (8 enactment of this Act, the Comptroller Gen- CATION.— U.S.C. 1226) is amended— eral of the United States shall submit to the ‘‘(A) RENEWAL.—The Secretary may renew (A) by redesignating subsection (e) as sub- Committee on the Judiciary of the Senate, a certification under paragraph (9)(B)(ii) section (f); the Committee on Homeland Security and every 6 months without limitation, after (B) by inserting after subsection (d) the Governmental Affairs of the Senate, the providing an opportunity for the alien to re- following new subsection (e): Committee on the Judiciary of the House of quest reconsideration of the certification ‘‘(e) LENGTH OF DETENTION.— Representatives, and the Committee on and to submit documents or other evidence ‘‘(1) IN GENERAL.—An alien may be de- Homeland Security of the House of Rep- in support of that request. If the Secretary tained under this section, without limita- resentatives a report that describes— does not renew a certification, the Secretary tion, until the alien is subject to an adminis- (1) the total number of migrant deaths may not continue to detain the alien under tratively final order of removal or final along the southern border during the pre- paragraph (9)(B). grant of relief. vious 7 years; ‘‘(B) DELEGATION.—Notwithstanding sec- ‘‘(2) EFFECT ON DETENTION UNDER SECTION (2) the total number of unidentified de- tion 103, the Secretary may not delegate the 241.—The length of detention under this sec- ceased migrants found along the southern authority to make or renew a certification tion shall not affect the validity of any de- border in the previous 7 years; described in clause (ii), (iii), or (iv) of para- tention under section 241.’’; and (3) the level of cooperation between U.S. graph (9)(B) to an official below the level of (C) in subsection (f), as so redesignated, by Customs and Border Protection, State and the Director of U.S. Immigration and Cus- adding at the end the following: ‘‘Without re- local law enforcement agencies, foreign dip- toms Enforcement. gard to the place of confinement, judicial re- lomatic and consular posts, nongovern- ‘‘(11) RELEASE ON CONDITIONS.—If the Sec- view of any action or decision made pursuant mental organizations, and family members retary determines that an alien should be re- to subsection (e) shall be available exclu- to accurately identify deceased individuals; leased from detention, the Secretary, in the sively in a habeas corpus proceeding insti- (4) the use of DNA testing and sharing of exercise of discretion, may impose condi- tuted in the United States District Court for such data between U.S. Customs and Border tions on release as provided in paragraph (3). the District of Columbia, and only if the Protection, State and local law enforcement agencies, foreign diplomatic and consular ‘‘(12) REDETENTION.—The Secretary, in the alien has exhausted all administrative rem- exercise of discretion, without any limita- edies (statutory and nonstatutory) available posts, and nongovernmental organizations to tions other than those specified in this sec- to the alien as of right.’’. accurately identify deceased individuals; (5) the comparison of DNA data with infor- tion, may again detain any alien subject to (d) ATTORNEY GENERAL’S DISCRETION IN DE- mation on Federal, State, and local missing a final removal order who is released from TERMINING COUNTRIES OF REMOVAL.—Section person registries; and custody if the alien fails to comply with the 241(b) of the Immigration and Nationality (6) the procedures and processes U.S. Cus- conditions of release or to continue to sat- Act (8 U.S.C. 1231(b)) is amended— toms and Border Protection has in place for isfy the conditions described in paragraph (1) in paragraph (1)(C)(iv), by striking the notification of relevant authorities or family (8), or if, upon reconsideration, the Secretary period at the end and inserting ‘‘, or the At- members after missing persons are identified determines that the alien can be detained torney General decides that removing the through DNA testing. under paragraph (9). Paragraphs (6) through alien to such country is prejudicial to the in- (14) shall apply to any alien returned to cus- terests of the United States.’’; and SEC. 1707. STATUTE OF LIMITATIONS FOR VISA, (2) in paragraph (2)(E)(vii), by inserting ‘‘or NATURALIZATION, AND OTHER tody pursuant to this paragraph, as if the re- FRAUD OFFENSES INVOLVING WAR moval period terminated on the day of the the Attorney General decides that removing the alien to 1 or more of such countries is CRIMES, CRIMES AGAINST HUMAN- redetention. ITY, OR HUMAN RIGHTS VIOLA- prejudicial to the interests of the United ‘‘(13) CERTAIN ALIENS WHO EFFECTED TIONS. States,’’ after ‘‘this subparagraph,’’. ENTRY.—If an alien has entered the United (a) STATUTE OF LIMITATIONS FOR VISA (e) EFFECTIVE DATES AND APPLICATION.— States, but has not been lawfully admitted FRAUD AND OTHER OFFENSES.—Chapter 213 of (1) AMENDMENTS MADE BY SUBSECTION (B).— nor physically present in the United States title 18, United States Code, is amended by The amendments made by subsection (b) continuously for the 2-year period imme- adding at the end the following: shall take effect on the date of the enact- diately preceding the commencement of re- ment of this Act. Section 241 of the Immigra- ‘‘§ 3302. Fraud in connection with certain moval proceedings under this Act against tion and Nationality Act, as amended by human rights violations, crimes against hu- the alien, the Secretary, in the exercise of subsection (b), shall apply to— manity, or war crimes discretion, may decide not to apply para- (A) all aliens subject to a final administra- ‘‘(a) IN GENERAL.—No person shall be pros- graph (8) and detain the alien without any tive removal, deportation, or exclusion order ecuted, tried, or punished for violation of limitations except those which the Secretary that was issued before, on, or after the date any provision of section 1001, 1015, 1425, 1546, shall adopt by regulation. of the enactment of this Act; and 1621, or 3291, or for attempt or conspiracy to ‘‘(14) JUDICIAL REVIEW.—Without regard to (B) acts and conditions occurring or exist- violate any provision of such sections, if the the place of confinement, judicial review of ing before, on, or after the date of the enact- fraudulent conduct, misrepresentation, con- any action or decision pursuant to paragraph ment of this Act. cealment, or fraudulent, fictitious, or false (6) through (14) shall be available exclusively (2) AMENDMENTS MADE BY SUBSECTION (C).— statement concerns the alleged offender’s— in habeas corpus proceedings instituted in The amendments made by subsection (c) ‘‘(1) participation, at any time, at any the United States District Court for the Dis- shall take effect upon the date of the enact- place, and irrespective of the nationality of trict of Columbia, and only if the alien has ment of this Act. Sections 235 and 236 of the the alleged offender or any victim, in a exhausted all administrative remedies (stat- Immigration and Nationality Act, as amend- human rights violation, crime against hu- utory and regulatory) available to the alien ed by subsection (c), shall apply to any alien manity, or war crime; or as of right.’’. in detention under provisions of such sec- ‘‘(2) membership in, service in, or author- (c) DETENTION OF ALIENS DURING REMOVAL tions on or after the date of the enactment ity over a military, paramilitary, or law en- PROCEEDINGS.— of this Act. forcement organization that participated in

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such conduct during any part of any period ‘‘(B) the offense described in subparagraph ‘‘(b) PENALTIES.—Any person who violates in which the alleged offender was a member (A) was committed while the person was on subsection (a)— of, served in, or had authority over the orga- release pending trial for a Federal, State, or ‘‘(1) in the case of an attempt or con- nization, unless the indictment is found or local offense; and spiracy, shall be fined under this title, im- the information is instituted within 20 years ‘‘(C) not more than 5 years has elapsed prisoned not more than 10 years, or both; after the commission of the offense. since the later of the date of conviction or ‘‘(2) if death of an individual results, shall ‘‘(b) DEFINITIONS.—In this section— the date of the release of the person from im- be fined under this title, punished by death ‘‘(1) the term ‘extrajudicial killing under prisonment for the offense described in sub- or imprisoned for any term of years or for color of law’ means conduct described in sec- paragraph (A). life, or both; tion 212(a)(3)(E)(iii) of the Immigration and ‘‘(3) PRESUMPTION ARISING FROM OTHER OF- ‘‘(3) if serious bodily injury to any indi- Nationality Act (8 U.S.C. 1182(a)(3)(E)(iii)); FENSES INVOLVING ILLEGAL SUBSTANCES, FIRE- vidual results, shall be fined under this title, ‘‘(2) the term ‘female genital mutilation’ ARMS, VIOLENCE, OR MINORS.—Subject to re- imprisoned not less than 10 years nor more means conduct described in section 116; buttal by the person, it shall be presumed than 25 years, or both; and ‘‘(3) the term ‘genocide’ means conduct de- that no condition or combination of condi- ‘‘(4) in any other case, shall be fined under scribed in section 1091(a); tions will reasonably assure the appearance this title, imprisoned not more than 10 ‘‘(4) the term ‘human rights violation or of the person as required and the safety of years, or both. war crime’ means genocide, incitement to the community if the judicial officer finds ‘‘(c) RULE OF CONSTRUCTION.—Nothing in genocide, war crimes, torture, female genital that there is probable cause to believe that this section may be construed or applied to mutilation, extrajudicial killing under color the person committed— abridge the exercise of rights guaranteed of law, persecution, particularly severe vio- ‘‘(A) an offense for which a maximum term under the First Amendment to the Constitu- lations of religious freedom, the use or re- of imprisonment of 10 years or more is pre- tion of the United States. ‘‘(d) LACK OF CONSUMMATED TERRORIST ACT cruitment of child soldiers, or other serious scribed in the Controlled Substances Act (21 NOT A DEFENSE.—It is not a defense under violation of human rights; U.S.C. 801 et seq.), the Controlled Substances this section that the act of domestic ter- ‘‘(5) the term ‘incitement to genocide’ Import and Export Act (21 U.S.C. 951 et seq.), means conduct described in section 1091(c); rorism or international terrorism or Federal or chapter 705 of title 46; crime of terrorism that is the object of the ‘‘(6) the term ‘particularly severe violation ‘‘(B) an offense under section 924(c), 956(a), of religious freedom’ means conduct de- employment, solicitation, inducement, com- or 2332b; manding, or causing has not been carried scribed in section 3(3) of the International ‘‘(C) an offense listed in section Religious Freedom Act of 1998 (22 U.S.C. out. 2332b(g)(5)(B) for which a maximum term of ‘‘(e) DEFINITIONS.—In this section— 6402(13)); imprisonment of 10 years or more is pre- ‘‘(1) the term ‘Federal crime of terrorism’ ‘‘(7) the term ‘persecution’ means conduct scribed; or has the meaning given that term in section that is a bar to relief under section ‘‘(D) an offense involving a minor victim 2332b; and 208(b)(2)(A)(i) of the Immigration and Na- under section 1201, 1591, 2241, 2242, 2244(a)(1), ‘‘(2) the term ‘serious bodily injury’ has tionality Act (8 U.S.C. 1158(b)(2)(A)(i)); 2245, 2251, 2251A, 2252(a)(1), 2252(a)(2), the meaning given that term in section ‘‘(8) the term ‘torture’ means conduct de- 2252(a)(3), 2252A(a)(1), 2252A(a)(2), 2252A(a)(3), 1365(h).’’. scribed in paragraphs (1) and (2) of section 2252A(a)(4), 2260, 2421, 2422, 2423, or 2425. (b) CLERICAL AMENDMENT.—The table of 2340; ‘‘(4) PRESUMPTION ARISING FROM OFFENSES sections for chapter 113B of title 18, United ‘‘(9) the term ‘use or recruitment of child RELATING TO IMMIGRATION LAW.—Subject to States Code, is amended by inserting after soldiers’ means conduct described in sub- rebuttal by the person, it shall be presumed the item relating to section 2332b the fol- sections (a) and (d) of section 2442; that no condition or combination of condi- lowing: ‘‘(10) the term ‘war crimes’ means conduct tions will reasonably assure the appearance ‘‘2332c. Recruitment of persons to participate described in subsections (c) and (d) of section of the person as required if the judicial offi- in terrorism.’’. 2441; and cer finds that there is probable cause to be- SEC. 1710. BARRING AND REMOVING PERSECU- ‘‘(11) the term ‘crimes against humanity’ lieve that the person is an alien and that the TORS, WAR CRIMINALS, AND PAR- means conduct described in section person— TICIPANTS IN CRIMES AGAINST HU- 212(a)(3)(E)(iii) of the Immigration and Na- ‘‘(A) has no lawful immigration status in MANITY FROM THE UNITED STATES. tionality Act (8 U.S.C. 1182(a)(3)(iii)).’’. the United States; (a) INADMISSIBILITY OF PERSECUTORS, WAR (b) CLERICAL AMENDMENT.—The table of ‘‘(B) is the subject of a final order of re- CRIMINALS, AND PARTICIPANTS IN CRIMES sections for chapter 213 of title 18, United moval; or AGAINST HUMANITY.—Section 212(a)(3)(E) of States Code, is amended by adding at the end ‘‘(C) has committed a felony offense under the Immigration and Nationality Act (8 the following: section 842(i)(5), 911, 922(g)(5), 1015, 1028, U.S.C. 1182(a)(3)(E)) is amended— ‘‘3302. Fraud in connection with certain 1028A, 1425, or 1426, or chapter 75 or 77, or sec- (1) by striking the subparagraph heading human rights violations, crimes tion 243, 274, 275, 276, 277, or 278 of the Immi- and inserting ‘‘PARTICIPANTS IN PERSECUTION against humanity, or war gration and Nationality Act (8 U.S.C. 1253, (INCLUDING NAZI PERSECUTIONS), GENOCIDE, crimes.’’. 1324, 1325, 1326, 1327, 1328).’’. WAR CRIMES, CRIMES AGAINST HUMANITY, OR (c) APPLICATION.—The amendments made (b) IMMIGRATION STATUS AS FACTOR IN DE- THE COMMISSION OF ANY ACT OF TORTURE OR EXTRAJUDICIAL KILLING by this section shall apply to fraudulent con- TERMINING CONDITIONS OF RELEASE.—Section .—’’; duct, misrepresentations, concealments, and 3142(g)(3) of title 18, United States Code, is (2) in clause (iii)(II)— fraudulent, fictitious, or false statements amended— (A) by striking ‘‘of any foreign nation’’ and made or committed before, on, or after the (1) in subparagraph (A), by striking ‘‘and’’ inserting ‘‘(including acts taken as part of date of enactment of this Act. at the end; and an armed group exercising de facto author- SEC. 1708. CRIMINAL DETENTION OF ALIENS TO (2) by adding at the end the following: ity)’’; and PROTECT PUBLIC SAFETY. (3) by adding after clause (iii) the fol- ‘‘(C) whether the person is in a lawful im- (a) IN GENERAL.—Section 3142(e) of title 18, lowing: migration status, has previously entered the United States Code, is amended to read as ‘‘(iv) PERSECUTORS, WAR CRIMINALS, AND United States illegally, has previously been follows: PARTICIPANTS IN CRIMES AGAINST HUMANITY.— removed from the United States, or has oth- ‘‘(e) DETENTION.— Any alien, including an alien who has or had erwise violated the conditions of his or her ‘‘(1) IN GENERAL.—If, after a hearing pursu- superior responsibility, who committed, or- lawful immigration status; and’’. ant to the provisions of subsection (f), the ju- dered, incited, assisted, or otherwise partici- dicial officer finds that no condition or com- SEC. 1709. RECRUITMENT OF PERSONS TO PAR- pated in a war crime (as defined in section TICIPATE IN TERRORISM. bination of conditions will reasonably assure 2441(c) of title 18, United States Code) or a (a) IN GENERAL.—Chapter 113B of title 18, the appearance of the person as required and crime against humanity, or in the persecu- United States Code, is amended by inserting the safety of any other person and the com- tion of any person on account of race, reli- after section 2332b the following: munity, such judicial officer shall order the gion, nationality, membership in a par- detention of the person before trial. ‘‘§ 2332c. Recruitment of persons to partici- ticular social group, or political opinion, is ‘‘(2) PRESUMPTION ARISING FROM OFFENSES pate in terrorism inadmissible. DESCRIBED IN SUBSECTION (F)(1).—In a case de- ‘‘(a) OFFENSES.— ‘‘(v) CRIME AGAINST HUMANITY DEFINED.—In scribed in subsection (f)(1), a rebuttable pre- ‘‘(1) IN GENERAL.—It shall be unlawful for this subparagraph, the term ‘crime against sumption arises that no condition or com- any person to employ, solicit, induce, com- humanity’ means conduct that is part of a bination of conditions will reasonably assure mand, or cause another person to commit an widespread or systematic attack targeting the safety of any other person and the com- act of domestic terrorism or international any civilian population, with knowledge that munity if the judicial officer finds that— terrorism or a Federal crime of terrorism, the conduct was part of the attack or with ‘‘(A) the person has been convicted of a with the intent that the other person com- the intent that the conduct be part of the at- Federal offense that is described in sub- mit such act or crime of terrorism. tack— section (f)(1), or of a State or local offense ‘‘(2) ATTEMPT AND CONSPIRACY.—It shall be ‘‘(I) that, if such conduct occurred in the that would have been an offense described in unlawful for any person to attempt or con- United States or in the special maritime and subsection (f)(1) if a circumstance giving rise spire to commit an offense under paragraph territorial jurisdiction of the United States, to Federal jurisdiction had existed; (1). would violate—

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.018 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S1018 CONGRESSIONAL RECORD — SENATE February 14, 2018 ‘‘(aa) section 1111 of title 18, United States (2) in paragraph (9), by striking ‘‘killings) ‘‘(ii) A felony drug offense (as defined in Code (relating to murder); or 212(a)(2)(G) (relating to severe violations section 102 of the Controlled Substances Act ‘‘(bb) section 1201(a) of such title (relating of religious freedom).’’ and inserting (21 U.S.C. 802)). to kidnapping); ‘‘killings), 212(a)(2)(G) (relating to severe ‘‘(iii) Any criminal offense described in ‘‘(cc) section 1203(a) of such title (relating violations of religious freedom), or section 212 or 237. to hostage taking), notwithstanding any ex- 212(a)(3)(G) (relating to recruitment and use ‘‘(iv) An offense involving illicit traf- ception under subsection (b) of such section of child soldiers); or’’; and ficking in a controlled substance (as defined 1203; (3) by inserting after paragraph (9) the fol- in section 102 of the Controlled Substances ‘‘(dd) section 1581(a) of such title (relating lowing: Act (21 U.S.C. 802)), including a drug traf- to peonage); ‘‘(10) one who at any time committed, or- ficking crime (as defined in section 924(c) of ‘‘(ee) section 1583(a)(1) of such title (relat- dered, incited, assisted, or otherwise partici- title 18, United States Code). ing to kidnapping or carrying away individ- pated in a war crime (as defined in section ‘‘(v) An offense under section 274 (relating uals for involuntary servitude or slavery); 2441(c) of title 18, United States Code), a to bringing in and harboring certain aliens), ‘‘(ff) section 1584(a) of such title (relating crime against humanity, or the persecution section 277 (relating to aiding or assisting to sale into involuntary servitude); of any person on account of race, religion, certain aliens to enter the United States), or ‘‘(gg) section 1589(a) of such title (relating nationality, membership in a particular so- section 278 (relating to importation of alien to forced labor); cial group, or political opinion.’’. for immoral purpose). ‘‘(hh) section 1590(a) of such title (relating (e) INCREASING CRIMINAL PENALTIES FOR ‘‘(vi) Any offense under Federal, State, or to trafficking with respect to peonage, slav- ANYONE WHO AIDS AND ABETS THE ENTRY OF Tribal law, that has, as an element of the of- ery, involuntary servitude, or forced labor); A PERSECUTOR.—Section 277 of the Immigra- fense, the use or attempted use of physical ‘‘(ii) section 1591(a) of such title (relating tion and Nationality Act (8 U.S.C. 1327) is force or the threatened use of physical force to sex trafficking of children or by force, amended by striking ‘‘(other than subpara- or a deadly weapon. fraud, or coercion); graph (E) thereof)’’. ‘‘(vii) Any offense that has, as an element ‘‘(jj) section 2241(a) of such title (relating (f) INCREASING CRIMINAL PENALTIES FOR FE- of the offense, the use, attempted use, or to aggravated sexual abuse by force or MALE GENITAL MUTILATION.—Section 116 of threatened use of any physical object to in- threat); or title 18, United States Code, is amended— flict or cause (either directly or indirectly) ‘‘(kk) section 2242 of such title (relating to (1) in subsection (a), by striking ‘‘shall be serious bodily injury, including an injury sexual abuse); fined under this title or imprisoned not more that may ultimately result in the death of a ‘‘(II) that would constitute torture (as de- than 5 years, or both’’ and inserting ‘‘has en- person. fined in section 2340(1) of such title); gaged in a violent crime against children ‘‘(viii) An offense involving obstruction of ‘‘(III) that would constitute cruel or inhu- under section 3559(f)(3), shall be imprisoned justice or tampering with or retaliating man treatment, as described in section for life or for 10 years or longer’’; and against a witness, victim, or informant. 2441(d)(1)(B) of such title; (2) in subsection (d), by striking ‘‘shall be ‘‘(ix) Any conduct punishable under section ‘‘(IV) that would constitute performing bi- fined under this title or imprisoned not more 1028 or 1029 of title 18, United States Code ological experiments, as described in section than 5 years, or both.’’ and inserting ‘‘shall (relating to fraud and related activity in 2441(d)(1)(C) of such title; be imprisoned for life or for 10 years or connection with identification documents or ‘‘(V) that would constitute mutilation or longer.’’. access devices), sections 1581 through 1594 of maiming, as described in section 2441(d)(1)(E) (g) TECHNICAL AMENDMENTS.—The Immi- such title (relating to peonage, slavery and of such title; or gration and Nationality Act (8 U.S.C. 1101 et trafficking in persons), section 1952 of such ‘‘(VI) that would constitute intentionally seq.) is amended— title (relating to interstate and foreign trav- causing serious bodily injury, as described in (1) in section 101(a)(42) (8 U.S.C. 1101(a)(42)), el or transportation in aid of racketeering section 2441(d)(1)(F) of such title. by inserting ‘‘committed,’’ before ‘‘ordered’’; enterprises), section 1956 of such title (relat- ‘‘(vi) DEFINITIONS.—In this subparagraph— (2) in section 208(b)(2)(A)(i) (8 U.S.C. ing to the laundering of monetary instru- ‘‘(I) the term ‘superior responsibility’ 1158(b)(2)(A)(i)), by inserting ‘‘committed,’’ ments), section 1957 of such title (relating to means— before ‘‘ordered’’; and engaging in monetary transactions in prop- ‘‘(aa) a leader, a member of a military, or (3) in section 241(b)(3)(B)(i) (8 U.S.C. erty derived from specified unlawful activ- a person with effective control of military 1231(b)(3)(B)(i)), by inserting ‘‘committed,’’ ity), or sections 2312 through 2315 of such forces, or a person with de facto or de jure before ‘‘ordered’’. title (relating to interstate transportation of control of an armed group; (h) APPLICATION.—The amendments made stolen motor vehicles or stolen property). ‘‘(bb) who knew or should have known that by this section shall apply to any offense ‘‘(x) A conspiracy or attempt to commit an a subordinate or someone under his or her de committed before, on, or after the date of offense described in clauses (i) through (v). facto or de jure control is committing acts the enactment of this Act. described in subsection (a), is about to com- SEC. 1711. CHILD SOLDIER RECRUITMENT INELI- ‘‘(C) Notwithstanding any other provision mit such acts, or had committed such acts; GIBILITY TECHNICAL CORRECTION. of law (including any effective date), a and Section 212(a)(3)(G) of the Immigration and group, club, organization, or association ‘‘(cc) who fails to take the necessary and Nationality Act (8 U.S.C. 1182(a)(3)(G)) is shall be considered a criminal gang regard- reasonable measures to prevent such acts or, amended by striking ‘‘section 2442’’ and in- less of whether the conduct occurred before, for acts that have been committed, to punish serting ‘‘section 2442(a)’’. on, or after the date of the enactment of the the perpetrators of such acts; SEC. 1712. GANG MEMBERSHIP, REMOVAL, AND SECURE and SUCCEED Act.’’. ‘‘(II) the term ‘systematic’ means the com- INCREASED CRIMINAL PENALTIES (b) INADMISSIBILITY.—Section 212(a)(2) of mission of a series of acts following a regular RELATED TO GANG VIOLENCE. the Immigration and Nationality Act (8 pattern and occurring in an organized, non- (a) DEFINITION OF CRIMINAL GANG.—Section U.S.C. 1182(a)(2)) is amended by adding at the random manner; and 101(a) of the Immigration and Nationality end the following: Act (8 U.S.C. 1101(a)) is amended by inserting ‘‘(III) the term ‘widespread’ means a single, ‘‘(J) ALIENS ASSOCIATED WITH CRIMINAL after paragraph (52) the following: large scale act or a series of acts directed GANGS.— ‘‘(53)(A) The term ‘criminal gang’ means against a substantial number of victims.’’. ‘‘(i) IN GENERAL.—Any alien who a consular any ongoing group, club, organization, or as- (b) REMOVAL OF PERSECUTORS.—Section officer, the Secretary, or the Attorney Gen- sociation, inside or outside the United 237(a)(4)(D) of the Immigration and Nation- eral knows or has reasonable ground to be- States, of 2 or more persons that— ality Act (8 U.S.C. 1227(a)(4)(D)) is amended— lieve— ‘‘(i) has, as 1 of its primary purposes, the (1) in the subparagraph heading, by strik- ‘‘(I) to be or to have been a member of a commission of 1 or more of the criminal of- ing ‘‘NAZI’’; and criminal gang; or fenses described in subparagraph (B) and the (2) by striking ‘‘or (iii)’’ and inserting ‘‘(II) to have participated in the activities members of which engage, or have engaged ‘‘(iii), or (iv)’’. of a criminal gang, knowing or having reason within the past 5 years, in a continuing se- (c) SEVERE VIOLATIONS OF RELIGIOUS FREE- to know that such activities promoted or ries of such offenses; or DOM.—Section 212(a)(2)(G) of the Immigra- will promote, further, aid, or support the il- ‘‘(ii) has been designated as a criminal tion and Nationality Act (8 U.S.C. legal activity of the criminal gang, gang by the Secretary, in consultation with 1182(a)(2)(G) is amended— is inadmissible. (1) in the subparagraph heading, by strik- the Secretary of State and the Attorney ‘‘(ii) EXCEPTION.—Clause (i) shall not apply General, as meeting the criteria set forth in ing ‘‘FOREIGN GOVERNMENT OFFICIALS’’ and to an alien who did not know, or should not clause (i). inserting ‘‘ANY PERSONS’’; and reasonably have known, of the activity caus- (2) by striking ‘‘, while serving as a foreign ‘‘(B) The offenses described in this subpara- graph, whether in violation of Federal or ing the alien to be found inadmissible under government official,’’. this section.’’. (d) BARRING PERSECUTORS FROM ESTAB- State law or the law of a foreign country and LISHING GOOD MORAL CHARACTER.—Section regardless of whether the offenses occurred (c) DESIGNATION OF CRIMINAL GANGS.— 101(f) of the Immigration and Nationality before, on, or after the date of the enactment (1) IN GENERAL.—Chapter 2 of title II of the Act (8 U.S.C. 1101(f)) is amended— of the SECURE and SUCCEED Act, are the Immigration and Nationality Act (8 U.S.C. (1) in paragraph (8), by striking ‘‘or’’ at the following: 1181 et seq.) is amended by adding at the end end; ‘‘(i) Any aggravated felony. the following:

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(B) by redesignating clause (vi) as clause under any law of, admits having committed, ‘‘(a) IN GENERAL.—The Secretary, in con- (vii); or admits committing acts which constitute sultation with the Attorney General, and the (C) by inserting after clause (v) the fol- the essential elements of, any law relating Secretary of State, may designate a group or lowing: to, purchasing, selling, offering for sale, ex- association as a criminal gang if their con- ‘‘(vi) the alien is described in section changing, using, owning, possessing, or car- duct is described in section 101(a)(53) or if the 212(a)(2)(J)(i) or section 237(a)(2)(G)(i) (relat- rying, or of attempting or conspiring to pur- group’s or association’s conduct poses a sig- ing to participation in criminal gangs); or’’; chase, sell, offer for sale, exchange, use, own, nificant risk that threatens the security and and possess, or carry, any weapon, part, or acces- the public safety of United States nationals (D) by amending clause (vii), as redesig- sory which is a firearm or destructive device or the national security, homeland security, nated, to read as follows: (as defined in section 921(a) of title 18, United or economy of the United States. ‘‘(vii) the alien was firmly resettled in an- States Code) in violation of any law, is inad- ‘‘(b) EFFECTIVE DATE.—A designation under other country in any legal status prior to ar- missible. For purposes of this subparagraph subsection (a) shall remain in effect until riving in the United States.’’. the term ‘any law’ includes State laws that the designation is revoked, after consulta- (h) GOOD MORAL CHARACTER BAR FOR CRIMI- do not contain an exception for antique fire- tion between the Secretary, the Attorney NAL GANG MEMBERS.—Section 101(f) of the arms. If the State law does not contain an General, and the Secretary of State, or is Immigration and Nationality Act (8 U.S.C. exception for antique firearms, the Sec- terminated in accordance with Federal 1101(f)), as amended by section 1710(d), retary or the Attorney General may consider law.’’. 1713(d), and 1822(a) of this Act, is further documentary evidence related to the convic- (2) CLERICAL AMENDMENT.—The table of amended by inserting after paragraph (10) tion, including, but not limited to, charging contents in the first section of the Immigra- the following: documents, plea agreements, plea colloquies, tion and Nationality Act is amended by in- ‘‘(11) is a member of 1 or more classes of jury instructions, and police reports, to es- serting after the item relating to section 219 persons described in section 212(a)(2)(J) or tablish that the offense involved at least 1 the following: 237(a)(2)(G) and has been convicted of any of- firearm that is not an antique firearm. ‘‘220. Designation of criminal gangs.’’ fense described in section 101(a)(43), 212(a)(2), ‘‘(N) AGGRAVATED FELONS.—Any alien who or 237(a)(2); or’’. (d) DEPORTABILITY.—Section 237(a)(2) of the has been convicted of an aggravated felony (i) ANNUAL REPORT ON DETENTION OF CRIMI- Immigration and Nationality Act (8 U.S.C. at any time is inadmissible. NAL GANG MEMBERS.—Not later than March 1 1227(a)(2)) is amended by adding at the end ‘‘(O) HIGH SPEED FLIGHT.—Any alien who of the first calendar year beginning at least has been convicted of a violation of section the following: 1 year after the date of the enactment of this ‘‘(G) ALIENS ASSOCIATED WITH CRIMINAL 758 of title 18, United States Code (relating Act, and annually thereafter, the Secretary to high speed flight from an immigration GANGS.— of Homeland Security, after consultation ‘‘(i) IN GENERAL.—Any alien who the Sec- checkpoint) is inadmissible. with the heads of appropriate Federal agen- ‘‘(P) FAILURE TO REGISTER AS A SEX OF- retary or the Attorney General knows or has cies, shall submit a report to the Committee reason to believe— FENDER.—Any alien convicted under section on Homeland Security and Governmental Af- 2250 of title 18, United States Code, is inad- ‘‘(I) is or has been a member of a criminal fairs of the Senate, the Committee on the gang; or missible. Judiciary of the Senate, the Committee on ‘‘(Q) CRIMES OF DOMESTIC VIOLENCE, STALK- ‘‘(II) has participated in the activities of a Homeland Security of the House of Rep- criminal gang, knowing or having reason to ING, OR VIOLATION OF PROTECTION ORDERS; resentatives, and the Committee on the Ju- CRIMES AGAINST CHILDREN.— know that such activities will promote, fur- diciary of the House of Representatives that ther, aid, or support the illegal activity of ‘‘(i) DOMESTIC VIOLENCE, STALKING, AND identifies the number of aliens detained de- CHILD ABUSE.—Except as provided in sub- the criminal gang, scribed in sections 212(a)(2)(J) and section is deportable. section (v), any alien who at any time is or 237(a)(2)(G) of the Immigration and Nation- has been convicted of a crime involving the ‘‘(ii) EXCEPTION.—Clause (i) shall not apply ality Act, as added by subsections (b) and (d). to an alien— use or attempted use of physical force, or (j) EFFECTIVE DATE AND APPLICATION.—The threatened use of a deadly weapon, a crime ‘‘(I) who did not know, or should not rea- amendments made by this section shall take sonably have known, of the activity causing of domestic violence, a crime of stalking, or effect on the date of the enactment of this a crime of child abuse, child neglect, or child the alien to be found deportable under this Act and shall apply to acts that occur before, section; or abandonment is inadmissible. For purposes on, or after the date of the enactment of this of this clause, the term ‘crime of domestic ‘‘(II) whom the Secretary or the Attorney Act. General has reasonable grounds to believe violence’ has the meaning given the term in SEC. 1713. BARRING AGGRAVATED FELONS, BOR- section 237(a)(2)(E)(i). has renounced the activity causing the alien DER CHECKPOINT RUNNERS, AND IOLATORS OF PROTECTION ORDERS to be found deportable under this section.’’. SEX OFFENDERS FROM ADMISSION ‘‘(ii) V .— (e) CANCELLATION OF REMOVAL.—Section TO THE UNITED STATES. Except as provided in subsection (v), any 240A(c) of the Immigration and Nationality (a) INADMISSIBILITY ON CRIMINAL AND RE- alien who at any time is or has been enjoined Act (8 U.S.C. 1229b(c)) is amended by adding LATED GROUNDS; WAIVERS.—Section 212 of under a protection order issued by a court at the end the following: the Immigration and Nationality Act (8 and whom the court determines has engaged ‘‘(7) An alien who is described in section U.S.C. 1182) is amended— in conduct that violates the portion of a pro- 212(a)(2)(J)(i) or section 237(a)(2)(G)(i) (relat- (1) in subsection (a)(2)— tection order that involves protection ing to participation in criminal gangs).’’. (A) in subparagraph (A)(i)— against credible threats of violence, repeated (f) VOLUNTARY DEPARTURE.—Section (i) in subclause (I), by striking ‘‘, or’’ at harassment, or bodily injury to the person or 240B(c) of the Immigration and Nationality the end and inserting a semicolon; persons for whom the protection order was Act (8 U.S.C. 1229c(c)) is amended to read as (ii) in subclause (II), by striking the issued is inadmissible. For purposes of this follows: comma at the end and inserting ‘‘; or’’; and clause, the term ‘protection order’ has the ‘‘(c) LIMITATION ON VOLUNTARY DEPAR- (iii) by inserting after subclause (II) the meaning given the term in section TURE.—The Attorney General shall not per- following: 237(a)(2)(E)(ii).’’; mit an alien to depart voluntarily under this ‘‘(III) a violation of (or a conspiracy or at- (2) in subsection (h)— section if the alien— tempt to violate) any statute relating to sec- (A) in paragraph (1)— ‘‘(1) was previously permitted to depart tion 208 of the Social Security Act (42 U.S.C. (i) in subparagraph (A), by redesignating voluntarily after having been found inadmis- 408) (relating to social security account num- clauses (i), (ii), and (iii) as subclauses (I), sible under section 212(a)(6)(A); or bers or social security cards) or section 1028 (II), and (III), respectively; ‘‘(2) is described in section 212(a)(2)(J)(i) or of title 18, United States Code (relating to (ii) by redesignating subparagraphs (A), 237(a)(2)(G)(i) (relating to participation in fraud and related activity in connection with (B), and (C) as clauses (i), (ii), and (iii), re- criminal gangs).’’. identification documents, authentication spectively; (g) ASYLUM CLAIMS BASED ON GANG AFFILI- features, and information)’’; and (B) by redesignating paragraphs (1) and (2) ATION.— (B) by inserting after subparagraph (K), as as subparagraphs (A) and (B), respectively; (1) INAPPLICABILITY OF RESTRICTION ON RE- added by section 1713(b) of this Act, the fol- (C) in the matter preceding subparagraph MOVAL TO CERTAIN COUNTRIES.—Section lowing: (A), as redesignated and as amended by sec- 241(b)(3)(B) of the Immigration and Nation- ‘‘(L) CITIZENSHIP FRAUD.—Any alien con- tion 1713(e) of this Act— ality Act (8 U.S.C. 1231(b)(3)(B)) is amended victed of, or who admits having committed, (i) by inserting ‘‘(1)’’ before ‘‘The Attorney in the matter preceding clause (i) by insert- or who admits committing acts which con- General’’; and ing ‘‘who is described in section 212(a)(2)(J)(i) stitute the essential elements of, a violation (ii) by striking ‘‘, and (K)’’, and inserting or section 237(a)(2)(G)(i) or who is’’ after ‘‘to of, or an attempt or a conspiracy to violate, ‘‘(K), and (M)’’; an alien’’. subsection (a) or (b) of section 1425 of title 18, (D) in the matter following subparagraph (2) INELIGIBILITY FOR ASYLUM.—Section United States Code (relating to the procure- (B), as redesignated— 208(b)(2)(A) of the Immigration and Nation- ment of citizenship or naturalization unlaw- (i) by striking the first 2 sentences and in- ality Act (8 U.S.C. 1158(b)(2)(A)) is amended— fully), is inadmissible. serting the following: (A) in clause (v), by striking ‘‘or’’ at the ‘‘(M) CERTAIN FIREARM OFFENSES.—Any ‘‘(2) A waiver may not be provided under end; alien who at any time has been convicted this subsection to an alien—

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‘‘(A) who has been convicted of (or who has (d) APPLICABILITY.—The amendments made the Department of Homeland Security en- admitted committing acts that constitute)— by this section shall apply to— gaged in the enforcement of the immigra- ‘‘(i) murder or criminal acts of torture; or (1) any act that occurred before, on, or tion, customs, or maritime laws, or the law- ‘‘(ii) an attempt or conspiracy to commit after the date of the enactment of this Act; ful command of any law enforcement agent murder or a criminal act involving torture; (2) all aliens who are required to establish assisting such officer, shall be fined under ‘‘(B) who has been convicted of an aggra- admissibility on or after such date of enact- this title, imprisoned not more than 2 years, vated felony; or ment; and or both. ‘‘(C) who has been lawfully admitted for (3) all removal, deportation, or exclusion ‘‘(c) ALTERNATIVE PENALTIES.—Notwith- permanent residence and who since the date proceedings that are filed, pending, or re- standing the penalties provided in subsection of such admission has not lawfully resided opened, on or after such date of enactment. (a) or (b), any person who violates such sub- continuously in the United States for at (e) RULE OF CONSTRUCTION.—The amend- section— least 7 years immediately preceding the date ments made by this section may not be con- ‘‘(1) shall be fined under this title, impris- on which proceedings were initiated to re- strued to create eligibility for relief from re- oned not more than 10 years, or both, if the move the alien from the United States.’’; and moval under section 212(c) of the Immigra- violation involved the operation of a motor (ii) by striking ‘‘No court’’ and inserting tion and Nationality Act (8 U.S.C. 1182(c)), as vehicle, aircraft, or vessel— the following: in effect on the day before the date of the en- ‘‘(A) in excess of the applicable or posted speed limit; ‘‘(3) No court’’; actment of this Act, if such eligibility did ‘‘(B) in excess of the rated capacity of the (3) by redesignating subsection (t), as not exist before such date of enactment. motor vehicle, aircraft, or vessel; or added by section 1(b)(2)(B) of Public Law 108– SEC. 1714. PROTECTING IMMIGRANTS FROM CON- ‘‘(C) in an otherwise dangerous or reckless 449, as subsection (u); and VICTED SEX OFFENDERS. manner; (4) by adding at the end the following: (a) IMMIGRANTS.—Section 204(a)(1) of the Immigration and Nationality Act (8 U.S.C. ‘‘(2) shall be fined under this title, impris- ‘‘(v) WAIVER FOR VICTIMS OF DOMESTIC VIO- oned not more than 20 years, or both, if the 1154(a)(1)) is amended— LENCE.— violation created a substantial and foresee- (1) in subparagraph (A), by amending ‘‘(1) IN GENERAL.—The Secretary or the At- able risk of serious bodily injury or death to torney General is not limited by the crimi- clause (viii) to read as follows: ‘‘(viii) Clause (i) shall not apply to a cit- any person; nal court record and may waive the applica- ‘‘(3) shall be fined under this title, impris- izen of the United States who has been con- tion of subsection (a)(2)(Q)(i) (with respect to oned not more than 30 years, or both, if the victed of an offense described in subpara- crimes of domestic violence and crimes of violation caused serious bodily injury to any graph (A), (I), or (K) of section 101(a)(43) or a stalking) and subsection (a)(2)(Q)(ii), in the person; or specified offense against a minor (as defined case of an alien who has been battered or ‘‘(4) shall be fined under this title, impris- in section 111(7) of the Adam Walsh Child subjected to extreme cruelty and who is not oned for any term of years or life, or both, if Protection and Safety Act of 2006 (34 U.S.C. and was not the primary perpetrator of vio- the violation resulted in the death of any 20911(7))) unless the Secretary, in the Sec- lence in the relationship, upon a determina- person. retary’s sole and unreviewable discretion, de- tion that— ‘‘(d) ATTEMPT AND CONSPIRACY.—Any per- ‘‘(A) the alien was acting in self-defense; termines that the citizen poses no risk to the son who attempts or conspires to commit ‘‘(B) the alien was found to have violated a alien with respect to whom a petition de- any offense under this section shall be pun- protection order intended to protect the scribed in clause (i) is filed.’’; and ished in the same manner as a person who alien; or (2) in subparagraph (B)(i)— completes the offense. ‘‘(C) the alien committed or was convicted (A) by redesignating the second subclause ‘‘(e) FORFEITURE.—Any property, real or of committing a crime— (I) as subclause (II); and personal, constituting or traceable to the ‘‘(i) that did not result in serious bodily in- (B) by amending such subclause (II) to read gross proceeds of the offense and any prop- jury; and as follows: erty, real or personal, used or intended to be ‘‘(ii) where there was a connection between ‘‘(II) Subclause (I) shall not apply to an used to commit or facilitate the commission the crime and the alien’s having been bat- alien lawfully admitted for permanent resi- of the offense shall be subject to forfeiture. tered or subjected to extreme cruelty. dence who has been convicted of an offense ‘‘(f) FORFEITURE PROCEDURES.—Seizures ‘‘(2) CREDIBLE EVIDENCE CONSIDERED.—In described in subparagraph (A), (I), or (K) of and forfeitures under this section shall be acting on applications for a waiver under section 101(a)(43) or a specified offense governed by the provisions of chapter 46 (re- this subsection, the Secretary or the Attor- against a minor as defined in section 111(7) of lating to civil forfeitures), including section ney General shall consider any credible evi- the Adam Walsh Child Protection and Safety 981(d), except that such duties as are imposed dence relevant to the application. The deter- Act of 2006 (34 U.S.C. 20911(7)) unless the Sec- upon the Secretary of the Treasury under mination of what evidence is credible and retary, in the Secretary’s sole and the customs laws described in that section the weight to be given that evidence shall be unreviewable discretion, determines that the shall be performed by such officers, agents, within the sole discretion of the Secretary or alien lawfully admitted for permanent resi- and other persons as may be designated for the Attorney General.’’. dence poses no risk to the alien with respect that purpose by the Secretary of Homeland Security or the Attorney General. Nothing (b) DEPORTABILITY; CRIMINAL OFFENSES.— to whom a petition described in subclause (I) in this section may be construed to limit the Section 237(a)(2) of the Immigration and Na- is filed.’’. authority of the Secretary of Homeland Se- tionality Act (8 U.S.C. 1227(a)(2)), as amended (b) NONIMMIGRANTS.—Section 101(a)(15)(K) of the Immigration and Nationality Act (8 curity to seize and forfeit motor vehicles, by sections 1712(c) and 1713(c) of this Act, is aircraft, or vessels under the customs laws further amended by adding at the end the U.S.C. 1101(a)(15)(K)) is amended by striking ‘‘204(a)(1)(A)(viii)(I))’’ each place it appears or any other laws of the United States. following: ‘‘(g) DEFINITIONS.—For purposes of this sec- ‘‘(I) IDENTIFICATION FRAUD.—Any alien who and inserting ‘‘204(a)(1)(A)(viii))’’. (c) EFFECTIVE DATE AND APPLICATION.—The tion— is convicted of a violation of (or a conspiracy ‘‘(1) the term ‘checkpoint’ includes any or attempt to violate) an offense relating to amendments made by this section shall take effect on the date of the enactment of this customs or immigration inspection at a port section 208 of the Social Security Act (42 of entry or immigration inspection at a U.S. U.S.C. 408) (relating to social security ac- Act and shall apply to petitions filed on or after such date. Border Patrol checkpoint; count numbers or social security cards) or ‘‘(2) the term ‘law enforcement agent’ section 1028 of title 18, United States Code SEC. 1715. ENHANCED CRIMINAL PENALTIES FOR HIGH SPEED FLIGHT. means— (relating to fraud and related activity in ‘‘(A) any Federal, State, local or tribal of- (a) IN GENERAL.—Section 758 of title 18, connection with identification) is deport- ficial authorized to enforce criminal law; and able.’’. United States Code, is amended to read as follows: ‘‘(B) when conveying a command described (c) DEPORTABILITY; CRIMINAL OFFENSES.— in subsection (b), an air traffic controller; Section 237(a)(3)(B) of the Immigration and ‘‘§ 758. Unlawful flight from immigration or ‘‘(3) the term ‘lawful command’ includes a Nationality Act (8 U.S.C. 1227(a)(3)(B)) is customs controls command to stop, decrease speed, alter amended— ‘‘(a) EVADING A CHECKPOINT.—Any person course, or land, whether communicated oral- (1) in clause (i), by striking the comma at who, while operating a motor vehicle or ves- ly, visually, by means of lights or sirens, or the end and inserting a semicolon; sel, knowingly flees or evades a checkpoint by radio, telephone, or other communica- (2) in clause (ii), by striking ‘‘, or’’ at the operated by the Department of Homeland Se- tion; end and inserting a semicolon; curity or any other Federal law enforcement ‘‘(4) the term ‘motor vehicle’ means any (3) in clause (iii), by striking the comma at agency, and then knowingly or recklessly motorized or self-propelled means of terres- the end and inserting ‘‘; or’’; and disregards or disobeys the lawful command trial transportation; and (4) by inserting after clause (iii) the fol- of any law enforcement agent, shall be fined ‘‘(5) the term ‘serious bodily injury’ has lowing: under this title, imprisoned not more than 5 the meaning given in section 2119(2).’’. ‘‘(iv) of a violation of, or an attempt or a years, or both. (b) CLERICAL AMENDMENT.—The table of conspiracy to violate, subsection (a) or (b) of ‘‘(b) FAILURE TO STOP.—Any person who, sections for chapter 35 of title 18, United section 1425 of title 18, United States Code while operating a motor vehicle, aircraft, or States Code, is amended by striking the item (relating to the unlawful procurement of vessel, knowingly or recklessly disregards or relating to section 758 and inserting the fol- citizenship or naturalization),’’. disobeys the lawful command of an officer of lowing:

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Unlawful flight from immigration or holding of removal made on or after such tary transactions in property derived from customs controls.’’. date. unlawful activity if the amount of the funds (c) RULE OF CONSTRUCTION.—The amend- (d) EFFECTIVE DATES; APPLICATIONS.—Ex- exceeded $10,000. ments made by subsection (a) may not be cept as provided in subsection (c)(4), the ‘‘(VI) A crime of violence (or an offense re- construed to create eligibility for relief from amendments made by this section shall take lating to a crime of violence), including any removal under section 212(c) of the Immigra- effect on the date of the enactment of this crime labeled as assault or battery by the tion and Nationality Act (8 U.S.C. 1182(c)), as Act and sections 208(b)(2)(A), 240A(c), and relevant jurisdiction of conviction, state or in effect on the day before the date of the en- 241(b)(3) of the Immigration and Nationality Federal, regardless of whether the crime also actment of this Act, if such eligibility did Act, as amended by this section, shall apply meets the definition in section 16 of title 18, not exist before such date of enactment. to— United States Code, for which the term of (1) all aliens in removal, deportation, or SEC. 1716. PROHIBITION ON ASYLUM AND CAN- imprisonment imposed is at least 9 months. CELLATION OF REMOVAL FOR TER- exclusion proceedings; RORISTS. (2) all applications pending on, or filed ‘‘(VII) A theft offense (or an offense relat- (a) ASYLUM.—Section 208(b)(2)(A) of the after, the date of the enactment of this Act; ing to a theft offense), including any crime Immigration and Nationality Act (8 U.S.C. and labeled as theft, shoplifting, burglary, or em- 1158(b)(2)(A)), as amended by 1712(f) of this (3) with respect to aliens and applications bezzlement by the relevant jurisdiction of Act, is further amended— described in paragraph (1) or (2), acts and conviction, state or Federal, and regardless (1) by inserting ‘‘or the Secretary’’ after conditions constituting a ground for exclu- of the method of the theft , and regardless of ‘‘if the Attorney General’’; and sion, deportation, or removal occurring or whether any taking was temporary or per- (2) by amending clause (v) to read as fol- existing before, on, or after the date of the manent, for which the term of imprisonment lows: enactment of this Act. imposed is at least 9 months. ‘‘(v) the alien is described in subparagraph SEC. 1717. AGGRAVATED FELONIES. ‘‘(VIII) Any offense relating to offenses de- (B)(i) or (F) of section 212(a)(3), unless, in the (a) DEFINITION OF AGGRAVATED FELONY.— scribed in— case of an alien described in section Section 101(a)(43) of the Immigration and Na- ‘‘(aa) section 842 or 844 of title 18, United 212(a)(3)(B)(i)(IX), the Secretary or the At- tionality Act (8 U.S.C. 1101(a)(43)) is amended States Code; torney General determines, in his or her sole to read as follows: ‘‘(bb) section 922 or 924 of such title; or and unreviewable discretion, that there are ‘‘(43)(A) The term ‘aggravated felony’ ‘‘(cc) section 5861 of the Internal Revenue not reasonable grounds for regarding the means— Code of 1986. alien as a danger to the security of the ‘‘(i) any offense punishable by a maximum ‘‘(IX) Any offense relating to a failure to United States;’’. term of imprisonment of not less than 2 appear before a court pursuant to a court (b) CANCELLATION OF REMOVAL.—Section years regardless of the term of imprison- order to answer to or dispose of a charge of 240A(c)(4) of the Immigration and Nation- ment, if any, actually imposed; a felony. ality Act (8 U.S.C. 1229b(c)(4)) is amended— ‘‘(ii) any offense for which the term of im- ‘‘(X) Any offense relating to the demand (1) by striking ‘‘inadmissible under’’ and prisonment imposed was not less than 1 year for or receipt of ransom. inserting ‘‘described in’’; and even if that term is suspended or probated; ‘‘(XI) Any offense relating to child pornog- (2) by striking ‘‘deportable under’’ and in- ‘‘(iii) any 2 or more offenses, regardless of raphy (as defined by the jurisdiction of con- serting ‘‘described in’’. whether the convictions for such offenses re- viction). (c) RESTRICTION ON REMOVAL.— sulted from a single trial or plea or whether ‘‘(XII) Any offense relating to racketeer in- (1) IN GENERAL.—Section 241(b)(3)(A) of the the offenses arose from a single scheme of fluenced corrupt organizations, or relating Immigration and Nationality Act (8 U.S.C. misconduct, for which the aggregate term of to transmission of wagering information (if 1231(b)(3)(A)) is amended— imprisonment imposed was not less than 3 it is a second or subsequent offense) or relat- (A) by inserting ‘‘or the Secretary’’ after years; ing to illegal gambling business offenses. ‘‘Attorney General’’ both places it appears; ‘‘(iv) any offense not otherwise determined ‘‘(XIII) Any offense relating to— (B) by striking ‘‘Notwithstanding’’ and in- to be an aggravated felony offense under ‘‘(aa) the owning, controlling, managing, serting the following: clauses (i) through (iii), regardless of the or supervising of a prostitution business; ‘‘(i) IN GENERAL.—Notwithstanding’’; and term of imprisonment imposed (unless other- ‘‘(bb) transportation for the purpose of (C) by adding at the end the following: wise indicated) or of the elements of the of- prostitution, if committed for commercial ‘‘(ii) BURDEN OF PROOF.—The alien has the fense required for a conviction if the nature advantage; or burden of proof to establish that the alien’s of the offense is described in 1 of the fol- ‘‘(cc) peonage, slavery, involuntary ser- life or freedom would be threatened in such lowing subclauses: vitude, and trafficking in persons. country, and that race, religion, nationality, ‘‘(I) Any crime of, or related to— ‘‘(XIV) Any offense relating to— membership in a particular social group, or ‘‘(aa) murder, in any degree; ‘‘(aa) gathering or transmitting national political opinion would be at least 1 central ‘‘(bb) voluntary or involuntary man- reason for such threat.’’. slaughter; defense information, disclosure of classified information, sabotage or treason; (2) EXCEPTION.—Section 241(b)(3)(B) of such ‘‘(cc) homicide (regardless of the required Act (8 U.S.C. 1231(b)(3)(B)) is amended— level of intent and including reckless or neg- ‘‘(bb) protecting the identity of undercover (A) by inserting ‘‘or the Secretary’’ after ligent homicide); intelligence agents; or ‘‘Attorney General’’ both places it appears; ‘‘(dd) sexual assault or battery; ‘‘(cc) protecting the identity of undercover (B) in clause (iii), striking ‘‘or’’ at the end; ‘‘(ee) rape (including statutory rape); agents; or (C) in clause (iv), striking the period at the ‘‘(ff) any offense for which the individual ‘‘(XV) Any offense— end and inserting a semicolon; was required to register as a sex offender ‘‘(aa) involving fraud or deceit in which the (D) inserting after clause (iv) the fol- under Federal or state law; loss to the victim or victims exceeds $10,000; lowing: ‘‘(gg) , or any other sex offense, including or ‘‘(v) the alien is described in subparagraph offenses related to the actual or attempted ‘‘(bb) relating to those described in section (B)(i) or (F) of section 212(a)(3)(B), unless, in abuse of or contact with minors (defined as 7201 of the Internal Revenue Code of 1986 (re- the case of an alien described in section individuals under the age of 18 but including lating to tax evasion) in which the revenue 212(a)(3)(B)(i)(IX), the Secretary or the At- offenses in which the intended victim was ac- loss to the Government exceeds $10,000. torney General determines, in his or her sole tually a law enforcement officer), regardless ‘‘(XVI) Any offense relating to an offense and unreviewable discretion, that there are of the reason and extent of the act. described in paragraph (1)(A) or (2) of section not reasonable grounds for regarding the ‘‘(II) Any drug trafficking crime (as de- 274(a) (relating to alien smuggling), except in alien as a danger to the security of the fined in section 924(c) of title 18, United the case of a first offense for which the alien United States; or States Code). has affirmatively shown that the alien com- ‘‘(vi) the alien is convicted of an aggra- ‘‘(III) Any other crime classified as a fel- mitted the offense for the purpose of assist- vated felony.’’; and ony in the jurisdiction of conviction involv- ing, abetting, or aiding only the alien’s (E) by striking the undesignated matter at ing or related to a controlled substance that spouse, child, or parent (and no other indi- the end. is classified as controlled in the jurisdiction vidual) to violate a provision of this Act. (3) SUSTAINING BURDEN OF PROOF; CREDI- of conviction, regardless of whether the sub- ‘‘(XVII) Any offense relating to offenses de- BILITY DETERMINATIONS.—Section 241(b)(3)(C) stance is also classified as controlled by the scribed in section 275(a) or 276 committed by of such Act (8 U.S.C. 1231(b)(3)(C)) is amended Federal government and regardless of wheth- an alien who was previously excluded, de- by striking ‘‘In determining whether an er the crime would be classified as a felony ported, or removed from the United States. alien has demonstrated that the alien’s life under Federal law. ‘‘(XVIII) An offense related to falsely mak- or freedom would be threatened for a reason ‘‘(IV) Any offense relating to illicit traf- ing, forging, counterfeiting, mutilating, or described in subparagraph (A),’’ and insert- ficking in firearms or destructive devices (as altering a passport or instrument relating to ing ‘‘For purposes of this paragraph,’’. defined in section 921 of title 18, United document fraud. (4) EFFECTIVE DATE AND APPLICATION.—The States Code) or in explosive materials (as de- ‘‘(XIX) Any offense relating to a failure to amendments made by paragraphs (1) and (2) fined in section 841(c) of such title). appear by a defendant for service of sentence shall take effect as if enacted on May 11, ‘‘(V) Any offense relating to laundering of if the underlying offense is punishable by im- 2005, and shall apply to applications for with- monetary instruments or engaging in mone- prisonment for a term of 3 years or more.

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The bers of which have been altered. plea of nolo contendere, or the alien has ad- fact that these requirements have been met ‘‘(XXI) Any offense relating to obstruction mitted sufficient facts to warrant a finding shall not preclude a finding by the Attorney of justice, perjury or subornation of perjury, of ; and General or Secretary, in the exercise of dis- or bribery of a witness. ‘‘(II) the judge or other adjudicator has or- cretion, that the conviction is still valid for ‘‘(XXII)(aa) A single conviction for driving dered some form of punishment, penalty, or immigration purposes. Notwithstanding any while intoxicated or impaired (as such terms restraint on the alien’s liberty to be im- other provision of law (statutory or non- are defined under the jurisdiction in which posed, including, but not limited to, the im- statutory) and regardless of whether the de- the conviction occurred), including a convic- position of probation or any fees or costs as- termination is made in removal proceedings, tion for driving while under the influence of sociated with the proceeding. no court shall have jurisdiction to review a or impaired by alcohol or drugs, without re- ‘‘(B) Any reference to a term of imprison- determination by the Attorney General or gard to whether the conviction is classified ment or a sentence with respect to an offense Secretary of Homeland Security regarding as a misdemeanor or felony under State law is deemed to include the period of incarcer- whether such an order should be given any when such impaired driving was a cause of ation or confinement ordered by a court of effect under the immigration laws. serious bodily injury or death of another per- law regardless of any suspension of the impo- ‘‘(J) All references to a criminal offense or son. sition or execution of that imprisonment or criminal conviction in the immigration laws ‘‘(bb) A second or subsequent conviction sentence in whole or in part, including a sen- shall be deemed to include any attempt, con- for driving while intoxicated or impaired (as tence of imprisonment that is probated. spiracy, or solicitation to commit the of- such terms are defined under the jurisdiction ‘‘(C) Any reference to a term of imprison- fense or any other inchoate form of the of- in which the conviction occurred), including ment of at least ‘1 year’ includes any sen- fense. a conviction for driving while under the in- tence of 365 days or more, or as ‘1 year’ was ‘‘(K) In making a determination of whether fluence of or impaired by alcohol or drugs) defined under State or local law in the juris- a criminal conviction is for an aggravated without regard to whether the conviction is diction in which the conviction occurred at felony or a crime involving moral turpitude classified as a misdemeanor or felony under the time of the conviction. or for any other provision under the immi- State law. ‘‘(D) Any reference to a term of imprison- gration laws, the Attorney General shall not ‘‘(cc) A finding under this subclause does ment that is ‘punishable by’ shall include be required to apply any single or particular not require the Secretary or the Attorney the maximum statutory term of imprison- methodology. In making such determina- General to prove the first conviction for ment authorized by law for the most aggra- tions, the Attorney General shall not be lim- driving while intoxicated or impaired (in- vated instance of the offense without regard ited to applying a categorical or modified cluding a conviction for driving while under to the individual circumstances of the de- categorical approach (including determining the influence of or impaired by alcohol or fendant or the specific facts of the convic- if a statute of conviction is divisible), shall drugs) as a predicate offense. tion, provided that for convictions under not limit his consideration to a single ge- ‘‘(dd) The Secretary or the Attorney Gen- Federal law, the maximum statutory term of neric definition of a crime, and shall not con- eral need only make a factual determination imprisonment shall not include a statutory sider any hypothetical criminal offense be- that the alien was previously convicted for sentence enhancement under title 18, United yond the facts of the actual conviction at driving while intoxicated or impaired (as States Code, or the title IV of the Controlled issue. In all cases, the Attorney General may such terms are defined under the jurisdiction Substances Act (21 U.S.C. 841 et seq.) unless look behind the record of conviction and con- in which the conviction occurred), including the defendant’s record of conviction reflects sider all reliable evidence (including charg- a conviction for driving while under the in- that he was convicted or sentenced pursuant ing documents, plea agreements, plea col- fluence of or impaired by alcohol or drugs. to such an enhancement. loquies, jury instructions, police reports, tes- ‘‘(XXIII) An offense relating to terrorism ‘‘(E) Subject to subparagraphs (F) and (G), timony during the removal hearing, and any or national security, including a conviction no order purporting to vacate a conviction, prior statements by the respondent or any for a violation under chapter 113B of title 18, modify a sentence, or clarify a sentence shall other person about the crime) of relevant United States Code. have any effect under this Act unless all 4 of facts (including the underlying conduct at ‘‘(XXIV) A conviction for violating section the following conditions are met: issue, the actual type of firearm involved (if 295. ‘‘(i) The order was entered prior to the ini- any), the amount of a controlled substance ‘‘(XXV) Any offense relating to those de- tiation of any proceeding to remove the alien involved (if any), and the identity of the vic- scribed in chapter 50A (genocide), 113C (tor- from the United States. tim).’’. ‘‘(ii) The order was entered not later than ture), or 118 (war crimes and recruitment or SEC. 1718. FAILURE TO OBEY REMOVAL ORDERS. use of child soldiers) of title 18, United 1 year after the date of the original order of conviction or sentencing. (a) IN GENERAL.—Section 243 of the Immi- States Code, or section 116 of such title (fe- gration and Nationality Act (8 U.S.C. 1253) is male genital mutilation), or a felony convic- ‘‘(iii) The court issuing the order had juris- diction and authority to do so. amended— tion under chapter 35 of title 50, United (1) in subsection (a)— States Code (relating to violations of Inter- ‘‘(iv) The order was not entered for pur- poses of ameliorating the immigration con- (A) in paragraph (1), in the matter pre- national Emergency Economic Powers Act ceding subparagraph (A), by inserting ‘‘212(a) licenses, orders, regulations, or prohibitions) sequences of the conviction or sentence. ‘‘(F) No nunc pro tunc order purporting to or’’ before ‘‘237(a),’’; and or under section 38 of the Arms Export Con- vacate a conviction, modify a sentence, or (B) by striking paragraph (3); trol Act (22 U.S.C. 2778). clarify a sentence shall have any effect (2) by striking subsection (b); and ‘‘(XXVI) An attempt, conspiracy, or solici- under the immigration laws. (3) by redesignating subsections (c) and (d) tation to commit an offense described in sub- ‘‘(G) No reversal, vacatur, expungement, or as subsections (b) and (c), respectively. clauses I through XXV or any other inchoate modification of a conviction or sentence that (b) EFFECTIVE DATE AND APPLICATION.—The form of an offense described in this clause. was granted, solely or in part, to ameliorate amendments made by subsection (a)(1) shall ‘‘(B) Notwithstanding any other provision the immigration consequences of the convic- take effect on the date of the enactment of of law (including any effective date), the tion or sentence or was granted, solely or in this Act and shall apply to acts that are de- term ‘aggravated felony’ applies, regardless part, for rehabilitative purposes shall have scribed in subparagraphs (A) through (D) of of whether the conviction was entered be- any effect under the immigration laws. For section 243(a)(1) of the Immigration and Na- fore, on, or after the effective date of purposes of this subparagraph, any reversal, tionality Act (8 U.S.C. 1253(a)(1)) that occur theSECURE and SUCCEED Act, to— vacatur, expungement, or modification of a on or after such date of enactment. ‘‘(i) an offense described in subparagraph conviction or sentence due to an alleged pro- SEC. 1719. SANCTIONS FOR COUNTRIES THAT (A), whether in violation of Federal or State cedural or constitutional defect shall be in- DELAY OR PREVENT REPATRIATION law; and sufficient to meet the alien’s burden of proof, OF THEIR NATIONALS. ‘‘(ii) an offense described in subparagraph even if the conditions in subparagraphs (E) Section 243 of the Immigration and Nation- (A) in violation of the law of a foreign coun- and (F) are otherwise satisfied, unless the ality Act (8 U.S.C. 1253), as amended by sec- try for which the term of imprisonment was record contains a clear statement of position tion 1720(a), is further amended by adding at completed within the previous 15 years.’’. from the prosecutor on the issue and a clear the end the following: (b) DEFINITION OF CONVICTION.—Section explanation in the relevant order of the al- ‘‘(e) LISTING OF COUNTRIES WHO DELAY RE- 101(a)(48) of the Immigration and Nationality leged defect. PATRIATION OF REMOVED ALIENS.— Act (8 U.S.C. 1101(a)(48)) is amended to read ‘‘(H) In all cases under the immigration ‘‘(1) LISTING OF COUNTRIES.—Beginning on as follows: laws, the alien shall bear the burden of es- the date that is 6 months after the date of ‘‘(48)(A) The term ‘conviction’ means, with tablishing that all 4 conditions in subpara- the enactment of the SECURE and SUC- respect to an alien— graph (E) have been met and that the limita- CEED Act, and every 6 months thereafter, ‘‘(i) a formal judgment of guilt of the alien tions in subparagraph (F) and (G) do not the Secretary shall publish a report in the entered by a court; or apply. Federal Register that includes a list of— ‘‘(ii) if adjudication of guilt has been with- ‘‘(I) Any order purporting to vacate a con- ‘‘(A) countries that have refused or unrea- held or deferred, where— viction, modify a sentence, or clarify a sen- sonably delayed repatriation of an alien who

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.018 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S1023 is a national of that country since the date (2) by striking ‘‘Shall be fined’’ and all ticipate in coursework, training, or activi- of enactment of this Act and the total num- that follows and inserting ‘‘Shall be fined ties described in subparagraph (A)(ii); or ber of such aliens, disaggregated by nation- under this title or imprisoned for not less (C)(i) is lawfully present in the United ality; than 12 years and not more than 25 years (if States, either as a nonimmigrant student or ‘‘(B) countries that have an excessive repa- the offense was committed to facilitate an otherwise authorized to study at an institu- triation failure rate; and act of international terrorism (as defined in tion of higher education; and ‘‘(C) each country that was reported as section 2331)), not less than 10 years and not (ii) the Secretary of Homeland Security de- noncompliant in the most recent reporting more than 20 years (if the offense was com- termines is participating in coursework, period. mitted to facilitate a drug trafficking crime training, or activities described in subpara- ‘‘(2) EXEMPTION.—The Secretary, in the (as defined in section 929(a)), not less than 5 graph (A)(ii) or seeks to change his or her Secretary’s sole and unreviewable discretion, years and not more than 10 years (for the field of study to participate in such and in consultation with the Secretary of first or second such offense, if the offense coursework, training, or activities. State, may exempt a country from inclusion was not committed to facilitate such an act (b) TERMINATION OF STATUS.—The Sec- on the list under paragraph (1) if there are of international terrorism or a drug traf- retary of Homeland Security shall terminate significant foreign policy or security con- ficking crime), or not less than 7 years and the nonimmigrant status or otherwise re- cerns that warrant such an exemption. not more than 15 years (for any other of- voke the authorization to remain in the United States of any alien in the United ‘‘(f) DISCONTINUING GRANTING OF VISAS TO fense), or both.’’. States who is described in subsection (a). NATIONALS OF COUNTRIES DENYING OR DELAY- SEC. 1722. EXPANSION OF CRIMINAL ALIEN REPA- (c) HIGH-RISK COUNTRIES.—The Secretary of ING ACCEPTING ALIEN.— TRIATION PROGRAMS. Homeland Security may, in the discretion of N GENERAL.—Notwithstanding section (a) EXPANSION OF CRIMINAL ALIEN REPATRI- ‘‘(1) I the Secretary, designate additional coun- ATION FLIGHTS.—Not later than 90 days after 221(c), the Secretary shall take the action tries whose nationals are subject to the re- the date of the enactment of this Act, the described in paragraph (2)(A), and may take strictions described in subsection (a) if the Secretary of Homeland Security shall in- an action described in paragraph (2)(B), if the Secretary determines that the imposition of crease the number of criminal and illegal Secretary determines that— such restrictions on such nationals is in the alien repatriation flights from the United ‘‘(A) an alien who is a national of a foreign national interest. country is inadmissible under section 212 or States conducted by U.S. Customs and Bor- CHAPTER 2—STRONG VISA INTEGRITY deportable under section 237, or has been or- der Protection and U.S. Immigration and SECURES AMERICA ACT dered removed from the United States; and Customs Enforcement Air Operations by not ‘‘(B) the government of the foreign country less than 15 percent compared to the number SEC. 1731. SHORT TITLE. referred to in subparagraph (A) is— of such flights operated, and authorized to be This chapter may be cited as the ‘‘Strong ‘‘(i) denying or unreasonably delaying ac- operated, under existing appropriations and Visa Integrity Secures America Act’’. cepting aliens who are citizens, subjects, na- funding on the date of the enactment of this SEC. 1732. VISA SECURITY. tionals, or residents of that country after Act. (a) VISA SECURITY UNITS AT HIGH RISK the Secretary asks whether the government (b) U.S. IMMIGRATION AND CUSTOMS EN- POSTS.—Section 428(e)(1) of the Homeland will accept an alien under this section; or FORCEMENT AIR OPERATIONS.—Not later than Security Act of 2002 (6 U.S.C. 236(e)(1)) is ‘‘(ii) refusing to issue any required travel 90 days after the date of the enactment of amended— (1) by striking ‘‘The Secretary’’ and insert- or identity documents to allow the alien who this Act, the Secretary of Homeland Secu- rity shall issue a directive to expand U.S. ing the following: is citizen, subject, national, or resident of Immigration and Customs Enforcement Air ‘‘(A) AUTHORIZATION.—Subject to the min- that country to return to that country. Operations (referred to in this subsection as imum number specified in subparagraph (B), ‘‘(2) ACTIONS DESCRIBED.—The actions de- ‘‘ICE Air Ops’’) so that ICE Air Ops provides the Secretary’’; and scribed in this paragraph are the following: additional services with respect to aliens (2) by adding at the end the following: ‘‘(A) Direct the Secretary of State to au- who are illegally present in the United ‘‘(B) RISK-BASED ASSIGNMENTS.— thorize consular officers in the foreign coun- States. Such expansion shall include— ‘‘(i) IN GENERAL.—In carrying out subpara- try referred to in paragraph (1) to deny visas (1) increasing the daily operations of ICE graph (A), the Secretary shall assign employ- under section 101(a)(15)(A)(iii) to attendants, Air Ops with buses and air hubs in the top 5 ees of the Department to not fewer than 75 servants, personal employees, and members geographic regions along the southern bor- diplomatic and consular posts at which visas of their immediate families, of the officials der; are issued. Assignments under this subpara- and employees of that country who receive (2) allocating a set number of seats for graph shall be made— nonimmigrant status under clause (i) or (ii) such aliens for each metropolitan area; and ‘‘(I) in a risk-based manner; of section 101(a)(15)(A). (3) allowing a metropolitan area to trade ‘‘(II) after considering the criteria de- ‘‘(B) In consultation with the Secretary of or give some of seats allocated to such area scribed in clause (iii); and State, deny admission to any citizens, sub- under paragraph (2) for such aliens to other ‘‘(III) in accordance with Nationality Secu- jects, nationals, or residents from the for- areas in the region of such area based on the rity Decision Directive 38, issued by Presi- eign country referred to in paragraph (1), transportation needs of each area. dent Reagan on June 2, 1982, or any super- consistent with other international obliga- (c) AUTHORIZATION OF APPROPRIATIONS.—In seding presidential directive concerning tions, and the imposition of any limitations, addition to the amounts otherwise author- staffing at diplomatic and consular posts. conditions, or additional fees on the issuance ized to be appropriated, there is authorized ‘‘(ii) PRIORITY CONSIDERATION.—In carrying of visas or travel from that country, or the to be appropriated $10,000,000 for each of the out the presidential directive described in imposition of any other sanctions against fiscal years 2018 through 2022 to carry out clause (i)(III), the Secretary of State shall that country that are authorized by law. this section. ensure priority consideration of any staffing ‘‘(3) RESUMPTION OF VISA ISSUANCE.—Con- SEC. 1723. PROHIBITION ON FLIGHT TRAINING assignment under this subparagraph. sular officers in the foreign country that re- AND NUCLEAR STUDIES FOR NA- ‘‘(iii) CRITERIA DESCRIBED.—The criteria re- fused or unreasonably delayed repatriation TIONALS OF HIGH-RISK COUNTRIES. ferred to in clause (i) are— or refused to issue required identity or travel (a) IN GENERAL.—The Secretary of State ‘‘(I) the number of nationals of a country documents may resume visa issuance after shall deny a visa to, and the Secretary of in which any of the diplomatic and consular the Secretary notifies the Secretary of State Homeland Security may not admit or parole posts referred to in clause (i) are located who that the country has accepted the aliens.’’. into the United States, any alien who— were identified in United States Government SEC. 1720. ENHANCED PENALTIES FOR CON- (1) is a citizen of Libya, Iran, Syria, or any databases related to the identities of known STRUCTION AND USE OF BORDER country designated by the Secretary of State or suspected terrorists during the previous TUNNELS. as a state sponsor of terrorism; and year; Section 555 of title 18, United States Code, (2)(A)(i) is an applicant for a visa or for ad- ‘‘(II) information on cooperation of the is amended— mission to the United States; and country referred to in subclause (I) with the (1) in subsection (a), by striking ‘‘not more (ii) the Secretary of State or the Secretary counterterrorism efforts of the United than 20 years.’’ and inserting ‘‘not less than of Homeland Security determines seeks to States; 7 years and not more than 20 years.’’; and enter the United States to participate in— ‘‘(III) information analyzing the presence, (2) in subsection (b), by striking ‘‘not more (I) coursework at an institution of higher activity, or movement of terrorist organiza- than 10 years.’’ and inserting ‘‘not less than education (as defined in section 101(a) of the tions (as such term is defined in section 3 years and not more than 10 years.’’. Higher Education Act of 1965 (20 U.S.C. 212(a)(3)(B)(vi) of the Immigration and Na- SEC. 1721. ENHANCED PENALTIES FOR FRAUD 1001(a))) to prepare the alien for a career in tionality Act (8 U.S.C. 1182(a)(3)(B)(vi)) with- AND MISUSE OF VISAS, PERMITS, nuclear science, nuclear engineering, or a re- in or through such country; AND OTHER DOCUMENTS. lated field; or ‘‘(IV) the number of formal objections Section 1546(a) of title 18, United States (II) coursework or training or otherwise based on derogatory information issued by Code, is amended— engage in aviation maintenance or flight op- the Visa Security Advisory Opinion Unit (1) by striking ‘‘Commissioner of the Im- erations; pursuant to paragraph (10) regarding nation- migration and Naturalization Service’’ each (B)(i) is in the United States; and als of a country in which any of the diplo- place it appears and inserting ‘‘Secretary of (ii) the Secretary of Homeland Security de- matic and consular posts referred to in Homeland Security’’; and termines is applying to change status to par- clause (i) are located;

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‘‘(V) the adequacy of the border and immi- UNIT.—Section 428(e) of the Homeland Secu- ‘‘(C) within the group of individuals sub- gration control of such country; and rity Act of 2002 (6 U.S.C. 236(e)) is amended ject to such inspection, the number of those ‘‘(VI) any other criteria the Secretary de- by adding at the end the following: individuals who were United States citizens termines appropriate.’’. ‘‘(9) REMOTE PRE-ADJUDICATED VISA SECU- and lawful permanent residents; (b) ACCOMMODATION OF VISA SECURITY RITY ASSISTANCE.—At the visa-issuing posts ‘‘(D) information on the disposition of data UNITS.—Section 428 of the Homeland Secu- at which employees of the Department are collected during the year covered by such re- rity Act of 2002 (6 U.S.C. 236) is amended by not assigned pursuant to paragraph (1), the port; and adding at the end the following: Secretary shall, in a risk-based manner, as- ‘‘(E) information on protocols for the man- ‘‘(j) EXPEDITED CLEARANCE AND PLACEMENT sign employees of the Department to re- agement of collected biometric data, includ- OF DEPARTMENT OF HOMELAND SECURITY PER- motely perform the functions required under ing time frames and criteria for storing, SONNEL AT OVERSEAS EMBASSIES AND CON- paragraph (2) at not fewer than 50 of such erasing, destroying, or otherwise removing SULAR POSTS.—Notwithstanding any other posts. such data from databases utilized by the De- provision of law, and the processes set forth ‘‘(10) VISA SECURITY ADVISORY OPINION partment. in National Security Defense Directive 38, UNIT.—The Secretary shall establish within ‘‘SEC. 420A. CONTINUOUS SCREENING BY U.S. issued by President Reagan on June 2, 1982, U.S. Immigration and Customs Enforcement CUSTOMS AND BORDER PROTEC- or any successor Directive, the Chief of Mis- a Visa Security Advisory Opinion Unit to re- TION. sion of a post to which the Secretary of spond to requests from the Secretary of ‘‘The Commissioner of U.S. Customs and Homeland Security has assigned personnel State to conduct a visa security review using Border Protection shall, in a risk-based man- under subsection (e) or (i) shall ensure, not information maintained by the Department ner, continuously screen individuals issued later than 1 year after the date on which the on visa applicants, including terrorism asso- any visa, and individuals who are nationals Secretary of Homeland Security commu- ciation, criminal history, counter-prolifera- of a program country pursuant to section 217 nicates such assignment to the Secretary of tion, and other relevant factors, as deter- of the Immigration and Nationality Act (8 State, that such personnel have been sta- mined by the Secretary.’’. U.S.C. 1187), who are present, or expected to arrive within 30 days, in the United States, tioned and accommodated at post and are (g) DEADLINES.—Not later than 3 years able to carry out their duties.’’. after the date of the enactment of this Act, against the appropriate criminal, national (c) FUNDING FOR THE VISA SECURITY PRO- the Secretary of Homeland Security shall security, and terrorism databases main- GRAM.— implement the requirements under para- tained by the Federal Government.’’. (1) IN GENERAL.—The Department of State (b) CLERICAL AMENDMENT.—The table of graphs (1) and (9) of section 428(e) of the and Related Agency Appropriations Act, 2005 contents in section 1(b) of the Homeland Se- Homeland Security Act of 2002 (6 U.S.C. (title IV of division B of Public Law 108–447) curity Act of 2002 is amended by inserting 236(e)), as amended and added by this sec- is amended, in the fourth paragraph under after the item relating to section 419 the fol- tion. the heading ‘‘Diplomatic and Consular Pro- lowing: grams’’, by striking ‘‘Beginning’’ and all SEC. 1733. ELECTRONIC PASSPORT SCREENING ‘‘Sec. 420. Electronic passport screening and AND BIOMETRIC MATCHING. that follows and inserting the following: biometric matching. ‘‘Beginning in fiscal year 2005 and thereafter, (a) IN GENERAL.—Subtitle B of title IV of ‘‘Sec. 420A. Continuous screening by U.S. the Secretary of State is authorized to the Homeland Security Act of 2002 (6 U.S.C. Customs and Border Protec- charge surcharges related to consular serv- 231 et seq.) is amended by adding at the end tion.’’. the following: ices in support of enhanced border security SEC. 1734. REPORTING VISA OVERSTAYS. that are in addition to the immigrant visa ‘‘SEC. 420. ELECTRONIC PASSPORT SCREENING Section 2 of Public Law 105–173 (8 U.S.C. fees in effect on January 1, 2004: Provided, AND BIOMETRIC MATCHING. 1376) is amended— That funds collected pursuant to this au- ‘‘(a) IN GENERAL.—Not later than 1 year (1) in subsection (a)— thority shall be credited to the appropriation after the date of the enactment of the Strong (A) by striking ‘‘Attorney General’’ and in- for U.S. Immigration and Customs Enforce- Visa Integrity Secures America Act, the serting ‘‘Secretary of Homeland Security’’; ment for the fiscal year in which the fees Commissioner of U.S. Customs and Border and were collected, and shall be available until Protection shall— (B) by inserting ‘‘, and any additional in- expended for the funding of the Visa Secu- ‘‘(1) screen electronic passports at airports formation that the Secretary determines rity Program established by the Secretary of of entry by reading each such passport’s em- necessary for purposes of the report under Homeland Security under section 428(e) of bedded chip; and subsection (b)’’ before the period at the end; the Homeland Security Act of 2002 (Public ‘‘(2) to the greatest extent practicable, uti- and Law 107–296): Provided further, That such sur- lize facial recognition technology or other (2) by amending subsection (b) to read as charges shall be 10 percent of the fee assessed biometric technology, as determined by the follows: on immigrant visa applications.’’. Commissioner, to inspect travelers at United ‘‘(b) ANNUAL REPORT.—Not later than Sep- (2) REPAYMENT OF APPROPRIATED FUNDS.— States airports of entry. tember 30, 2018, and annually thereafter, the Of the amounts collected each fiscal year ‘‘(b) APPLICABILITY.— Secretary of Homeland Security shall sub- under the heading ‘‘Diplomatic and Consular ‘‘(1) ELECTRONIC PASSPORT SCREENING.— mit a report to the Committee on Homeland Programs’’ in the Department of State and Subsection (a)(1) shall apply to passports be- Security and Governmental Affairs of the Related Agency Appropriations Act, 2005 longing to individuals who are United States Senate, the Committee on the Judiciary of (title IV of division B of Public Law 108–447), citizens, individuals who are nationals of a the Senate, the Committee on Homeland Se- as amended by paragraph (1), 20 percent shall program country pursuant to section 217 of curity of the House of Representatives, and be deposited into the general fund of the the Immigration and Nationality Act (8 the Committee on the Judiciary of the House Treasury. U.S.C. 1187), and individuals who are nation- of Representatives that provides, for the pre- (d) COUNTERTERRORISM VETTING AND als of any other foreign country that issues ceding fiscal year, numerical estimates (in- SCREENING.—Section 428(e)(2) of the Home- electronic passports. cluding information on the methodology uti- land Security Act of 2002 (6 U.S.C. 236(e)(2)) ‘‘(2) FACIAL RECOGNITION MATCHING.—Sub- lized to develop such numerical estimates) is amended— section (a)(2) shall apply, at a minimum, to of— (1) by redesignating subparagraph (C) as individuals who are nationals of a program ‘‘(1) for each country, the number of aliens subparagraph (D); and country pursuant to section 217 of such Act. from the country who are described in sub- (2) by inserting after subparagraph (B) the ‘‘(c) ANNUAL REPORT.— section (a), including— following: ‘‘(1) IN GENERAL.—The Commissioner of ‘‘(A) the total number of such aliens within ‘‘(C) Screen any such applications against U.S. Customs and Border Protection, in col- all classes of nonimmigrant aliens described the appropriate criminal, national security, laboration with the Chief Privacy Officer of in section 101(a)(15) of the Immigration and and terrorism databases maintained by the the Department, shall submit an annual re- Nationality Act (8 U.S.C. 1101(a)(15)); and Federal Government.’’. port, through fiscal year 2022, to the Com- ‘‘(B) the number of such aliens within each (e) TRAINING AND HIRING.—Section mittee on Homeland Security and Govern- of the classes of nonimmigrant aliens, as 428(e)(6)(A) of the Homeland Security Act of mental Affairs of the Senate and the Com- well as the number of such aliens within 2002 (6 U.S.C. 236(e)(6)(A)) is amended— mittee on Homeland Security of the House of each of the subclasses of such classes of non- (1) by striking ‘‘The Secretary shall en- Representatives that describes the utiliza- immigrant aliens, as applicable; sure, to the extent possible, that any em- tion of facial recognition technology and ‘‘(2) for each country, the percentage of the ployees’’ and inserting ‘‘The Secretary, act- other biometric technology pursuant to sub- total number of aliens from the country who ing through the Commissioner of U.S. Cus- section (a)(2). were present in the United States and were toms and Border Protection and the Director ‘‘(2) REPORT CONTENTS.—Each report sub- admitted to the United States as non- of U.S. Immigration and Customs Enforce- mitted pursuant to paragraph (1) shall in- immigrants who are described in subsection ment, shall provide training to any employ- clude— (a); ees’’; and ‘‘(A) information on the type of technology ‘‘(3) the number of aliens described in sub- (2) by striking ‘‘shall be provided the nec- used at each airport of entry; section (a) who arrived by land at a port of essary training’’. ‘‘(B) the number of individuals who were entry into the United States; (f) PRE-ADJUDICATED VISA SECURITY ASSIST- subject to inspection using either of such ‘‘(4) the number of aliens described in sub- ANCE AND VISA SECURITY ADVISORY OPINION technologies at each airport of entry; section (a) who entered the United States

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.018 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S1025 using a border crossing identification card ‘‘(3) relief or protection under any provi- SEC. 1743. VISA INTERVIEWS. (as defined in section 101(a)(6) of the Immi- sion of the immigration laws. (a) IN GENERAL.—Section 222(h) of the Im- gration and Nationality Act (8 U.S.C. ‘‘SEC. 437. OPEN SOURCE SCREENING. migration and Nationality Act (8 U.S.C. 1101(a)(6)); and ‘‘The Secretary shall, to the greatest ex- 1202(h)) is amended— ‘‘(5) the number of Canadian nationals who tent practicable, and in a risk-based manner, (1) in paragraph (1)— entered the United States without a visa and review open source information of visa appli- (A) in subparagraph (B), by striking ‘‘or’’ whose authorized period of stay in the cants.’’. at the end; United States terminated during the pre- (b) CLERICAL AMENDMENT.—The table of (B) in subparagraph (C), by striking ‘‘and’’ vious fiscal year, but who remained in the contents in section 1(b) of the Homeland Se- at the end and inserting ‘‘or’’; and United States.’’. curity Act of 2002, as amended by this Act, is (C) by adding at the end the following: SEC. 1735. STUDENT AND EXCHANGE VISITOR IN- further amended by inserting after the item ‘‘(D) by the Secretary of State, if the Sec- FORMATION SYSTEM VERIFICATION. relating to section 435 the following: retary, in his or her sole and unreviewable Not later than 90 days after the date of the ‘‘Sec. 436. Social media screening. discretion, determines, after reviewing the enactment of this Act, the Secretary of ‘‘Sec. 437. Open source screening.’’. application, that an interview is unnecessary Homeland Security shall ensure that the in- CHAPTER 3—VISA CANCELLATION AND because the alien is ineligible for a visa; formation collected under the program es- REVOCATION and’’. tablished under section 641 of the Illegal Im- (2) in paragraph (2)— SEC. 1741. CANCELLATION OF ADDITIONAL VISAS. migration Reform and Immigrant Responsi- (A) in subparagraph (E), by striking ‘‘or’’ (a) IN GENERAL.—Section 222(g) of the Im- bility Act of 1996 (8 U.S.C. 1372) is available migration and Nationality Act (8 U.S.C. at the end; to officers of U.S. Customs and Border Pro- 1202(g)) is amended— (B) in subparagraph (F), by striking the pe- tection conducting primary inspections of (1) in paragraph (1)— riod at the end and inserting ‘‘; or’’; and aliens seeking admission to the United (A) by striking ‘‘Attorney General,’’ and (C) by adding at the end the following: States at each port of entry of the United inserting ‘‘Secretary,’’; and ‘‘(G) is an individual within a class of States. (B) by inserting ‘‘and any other non- aliens that the Secretary of State, in his or SEC. 1736. SOCIAL MEDIA REVIEW OF VISA APPLI- immigrant visa issued by the United States her sole and unreviewable discretion, has de- CANTS. termined may pose a threat to national secu- (a) IN GENERAL.—Subtitle C of title IV of that is in the possession of the alien’’ after ‘‘such visa’’; and rity or public safety.’’. the Homeland Security Act of 2002 (6 U.S.C. SEC. 1744. VISA REVOCATION AND LIMITS ON JU- 231 et. seq.), as amended by sections 1127 and (2) in paragraph (2)(A), by adding ‘‘or for- eign residence’’ after ‘‘the alien’s nation- DICIAL REVIEW. 1131, is further amended by adding at the end (a) IN GENERAL.—Section 221(i) of the Im- the following: ality’’. (b) EFFECTIVE DATE AND APPLICATION.—The migration and Nationality Act (8 U.S.C. ‘‘SEC. 436. SOCIAL MEDIA SCREENING. amendments made by subsection (a) shall 1201(i)) is amended— ‘‘(a) IN GENERAL.—Not later than 180 days take effect on the date of the enactment of (1) by inserting ‘‘(1)’’ after ‘‘(i)’’; after the date of the enactment of the Strong (2) in paragraph (1), as redesignated— Visa Integrity Secures America Act, the Sec- this Act and shall apply to a visa issued be- fore, on, or after such date. (A) by striking ‘‘Attorney General’’ and in- retary shall, to the greatest extent prac- serting ‘‘Secretary of Homeland Security’’; ticable, and in a risk based manner and on SEC. 1742. VISA INFORMATION SHARING. (a) IN GENERAL.—Section 222(f) of the Im- (B) by striking ‘‘shall invalidate the visa an individualized basis, review the social or other documentation from the date of media accounts of visa applicants who are migration and Nationality Act (8 U.S.C. 1202(f)) is amended— issuance: Provided, That carriers’’ and insert- citizens of, or who reside in, high risk coun- ing ‘‘of any visa or documentation shall take tries, as determined by the Secretary based (1) in the matter preceding paragraph (1), by striking ‘‘issuance or refusal’’ and insert- effect immediately. Carriers’’; and on the criteria described in subsection (b). (C) by striking the last sentence and in- ‘‘(b) HIGH-RISK CRITERIA DESCRIBED.—In de- ing ‘‘issuance, refusal, or revocation’’; and (2) in paragraph (2)— serting the following: termining whether a country is high-risk ‘‘(2) Notwithstanding any other provision pursuant to subsection (a), the Secretary (A) in the matter preceding subparagraph (A), by striking ‘‘and on the basis of reci- of law, including section 2241 of title 28, shall consider the following criteria: United States Code, any other habeas corpus ‘‘(1) The number of nationals of the coun- procity’’ and all that follows and inserting ‘‘may provide to a foreign government infor- provision, and sections 1361 and 1651 of such try who were identified in United States title, a revocation under this subsection may Government databases related to the identi- mation in a Department of State computer- ized visa database and, when necessary and not be reviewed by any court, and no court ties of known or suspected terrorists during shall have jurisdiction to hear any claim the previous year. appropriate, other records covered by this section related to information in such data- arising from, or any challenge to, such a rev- ‘‘(2) The level of cooperation of the country ocation, provided that the revocation is exe- with the counter-terrorism efforts of the base’’; (B) by amending subparagraph (A) to read cuted by the Secretary. United States. ‘‘(3) A revocation under this subsection of ‘‘(3) Any other criteria the Secretary de- as follows: ‘‘(A) on the basis of reciprocity, with re- a visa or other documentation from an alien termines appropriate. shall automatically cancel any other valid ‘‘(c) COLLABORATION.—To develop the tech- gard to individual aliens, at any time on a visa that is in the alien’s possession.’’. nology and procedures required to carry out case-by-case basis for the purpose of— (b) EFFECTIVE DATE.—The amendment the requirements under subsection (a), the ‘‘(i) preventing, investigating, or punishing made by subsection (a) shall— Secretary shall collaborate with— acts that would constitute a crime in the (1) take effect on the date of the enactment ‘‘(1) the head of a national laboratory with- United States, including, but not limited to, of this Act; and in the Department’s laboratory network terrorism or trafficking in controlled sub- (2) apply to all revocations made on or with relevant expertise; stances, persons, or illicit weapons; or after such date. ‘‘(2) the head of a relevant university-based ‘‘(ii) determining a person’s removability center within the Department’s centers of or eligibility for a visa, admission, or other CHAPTER 4—SECURE VISAS ACT excellence network; and immigration benefit;’’; SEC. 1751. SHORT TITLE. ‘‘(3) the heads of other appropriate Federal (C) in subparagraph (B)— This chapter may be cited as the ‘‘Secure agencies, including the Secretary of State, (i) by inserting ‘‘on basis of reciprocity,’’ Visas Act’’. the Director of National Intelligence, and before ‘‘with regard to’’; SEC. 1752. AUTHORITY OF THE SECRETARY OF the Attorney General. (ii) by striking ‘‘in the database’’ and in- HOMELAND SECURITY AND THE SEC- ‘‘(d) WAIVER.—The Secretary, in collabora- serting ‘‘such database’’; RETARY OF STATE. tion with the Secretary of State, is author- (iii) by striking ‘‘for the purposes’’ and in- (a) IN GENERAL.—Section 428 of the Home- ized to waive the requirements under sub- serting ‘‘for 1 of the purposes’’; and land Security Act of 2002 (6 U.S.C. 236) is section (a) to the extent necessary to comply (iv) by striking ‘‘or to deny visas to per- amended by striking subsections (b) and (c) with the international obligations of the sons who would be inadmissible to the and inserting the following: United States. United States.’’ and inserting ‘‘; or’’; and ‘‘(b) AUTHORITY OF THE SECRETARY OF ‘‘(e) RULE OF CONSTRUCTION.—The require- (D) by adding at the end the following: HOMELAND SECURITY.— ment to screen social information under sub- ‘‘(C) with regard to any or all aliens in ‘‘(1) IN GENERAL.—Notwithstanding section section (a) may not be construed as limiting such database, specified data elements from 104(a) of the Immigration and Nationality the authority of the Secretary or the Sec- each record, if the Secretary of State deter- Act (8 U.S.C. 1104(a)) and any other provision retary of State to screen social media infor- mines that it is required for national secu- of law, and except for the authority of the mation from any individual filing an applica- rity or public safety or in the national inter- Secretary of State under subparagraphs (A) tion, petition, or other request with the De- est to provide such information to a foreign and (G) of section 101(a)(15) of the Immigra- partment or the Department of State for— government.’’. tion and Nationality Act (8 U.S.C. ‘‘(1) an immigration benefit or immigra- (b) EFFECTIVE DATE.—The amendments 1101(a)(15)), the Secretary— tion status; made by subsection (a) shall take effect on ‘‘(A) shall have exclusive authority to ‘‘(2) other authorization, employment au- the date that is 60 days after the date of the issue regulations, establish policy, and ad- thorization, identity, or travel document; or enactment of the Act. minister and enforce the provisions of the

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Immigration and Nationality Act (8 U.S.C. (2) in subparagraph (H)(ii), by inserting ‘‘, ‘‘(h) COMPLETION OF BACKGROUND AND SECU- 1101 et seq.) and all other immigration or na- or has been,’’ after ‘‘is’’. RITY CHECKS.— tionality laws relating to the functions of SEC. 1764. DNA TESTING AND CRIMINAL HISTORY. ‘‘(1) REQUIREMENT TO COMPLETE.—Notwith- consular officers of the United States in con- (a) DNA TESTING FOR VISA APPLICANTS.— standing any other provision of law (statu- nection with the granting and refusal of a Section 222(b) of the Immigration and Na- tory or nonstatutory), including section 309 visa; and tionality Act (8 U.S.C. 1202(b)) is amended by of the Enhanced Border Security and Visa ‘‘(B) may refuse or revoke any visa to any inserting after the second sentence the fol- Entry Reform Act of 2002 (8 U.S.C. 1738), sec- alien or class of aliens if the Secretary, or lowing: ‘‘If considered necessary by a con- tions 1361 and 1651 of title 28, United States his or her designee, determines that such re- sular officer to establish the bona fides of a Code, and section 706(1) of title 5, United fusal or revocation is necessary or advisable family relationship, the immigrant shall States Code, the Secretary and the Attorney in the security interests of the United provide DNA evidence of such relationship in General may not approve or grant to an States. accordance with procedures established for alien any status, relief, protection from re- ‘‘(2) EFFECT OF REVOCATION.—The revoca- submitting such evidence. The Secretary of moval, employment authorization, or any tion of any visa under paragraph (1)(B)— State may issue regulations to require the other benefit under the immigration laws, ‘‘(A) shall take effect immediately; and submission of DNA evidence to establish including an adjustment of status to lawful ‘‘(B) shall automatically cancel any other family relationship from applicants for cer- permanent residence or a grant of United valid visa that is in the alien’s possession. tain visa classifications.’’. States citizenship or issue to the alien any ‘‘(3) JUDICIAL REVIEW.—Notwithstanding (b) REQUIRED DOCUMENTARY EVIDENCE AND documentation evidencing a status or grant any other provision of law, including section DNA TESTING.—Section 245 of the Immigra- of any status, relief, protection from re- 2241 of title 28, United States Code, any other tion and Nationality Act (8 U.S.C. 1255) is moval, employment authorization, or other habeas corpus provision, and sections 1361 amended by adding at the end the following: benefit under the immigration laws until— ‘‘(n) REQUIRED DOCUMENTARY EVIDENCE AND and 1651 of such title, no United States court ‘‘(A) all background and security checks DNA TESTING FOR ADJUSTMENT OF STATUS.— has jurisdiction to review a decision by the required by statute or regulation or deemed ‘‘(1) REQUIRED DOCUMENTARY EVIDENCE.— Secretary or a consular officer to refuse or necessary by the Secretary or the Attorney Any alien applying for adjustment of status revoke a visa. General, in his or her sole and unreviewable under the immigration laws shall present a ‘‘(c) VISA REFUSAL AUTHORITY OF THE SEC- discretion, for the alien have been com- valid unexpired passport or other suitable RETARY OF STATE.— pleted; and travel document, or document of identity ‘‘(1) IN GENERAL.—The Secretary of State ‘‘(B) the Secretary or the Attorney General and nationality, if such documentation is re- may direct a consular officer to refuse or re- has determined that the results of such quired under regulations issued by the Sec- voke a visa to an alien if the Secretary de- checks do not preclude the approval or grant retary of Homeland Security. The alien shall termines that such refusal or revocation is of any status, relief, protection from re- furnish, with his or her application— necessary or advisable in the foreign policy moval, employment authorization, or any ‘‘(A) a copy of a certification by the appro- interests of the United States. other benefit under the immigration laws or priate police authorities, stating what their ‘‘(2) LIMITATION.—No decision by the Sec- approval, grant, or the issuance of any docu- records show concerning the alien; retary of State to approve a visa may over- mentation evidencing such status, relief, ‘‘(B) a certified copy of any existing prison ride a decision by the Secretary under sub- protection, authorization, or benefit. record, military record, and record of his or section (b).’’. ‘‘(2) PROHIBITION ON JUDICIAL ACTION.—No her birth; and (b) VISA REVOCATION.—Section 428 of the court shall have authority to order the ap- ‘‘(C) a certified copy of all other records or Homeland Security Act (6 U.S.C. 236) is proval of, grant, mandate, or require any ac- documents concerning the alien or his or her amended by adding at the end the following: tion in a certain time period, or award any case, which may be required by the Sec- ‘‘(j) VISA REVOCATION INFORMATION.—If the relief for the Secretary’s or Attorney Gen- retary or the Attorney General. Secretary or the Secretary of State revokes eral’s failure to complete or delay in com- ‘‘(2) DNA TESTING.—If the Secretary or the a visa— pleting any action to provide any status, re- Attorney General determine that DNA evi- ‘‘(1) the relevant consular, law enforce- lief, protection from removal, employment dence is necessary to establish the bona fides ment, and terrorist screening databases shall authorization, or any other benefit under the of a family relationship, the immigrant shall be immediately updated on the date of the immigration laws, including an adjustment provide DNA evidence of such relationship in revocation; and of status to lawful permanent residence, nat- accordance with procedures established for ‘‘(2) look-out notices shall be posted to all uralization, or a grant of United States citi- submitting such evidence. The Secretary Department port inspectors and Department zenship for an alien until— may issue regulations to require the submis- of State consular officers.’’. ‘‘(A) all background and security checks (c) CONFORMING AMENDMENT.—Section sion of DNA evidence to establish family re- for the alien have been completed; and 104(a)(1) of the Immigration and Nationality lationship from applicants for certain visa ‘‘(B) the Secretary or the Attorney General Act (8 U.S.C. 1104(a)(1)) is amended by insert- classifications. If the alien establishes, to has determined that the results of such ing ‘‘and the power authorized under section the satisfaction of the Secretary or the At- checks do not preclude the approval or grant 428(c) of the Homeland Security Act of 2002 (6 torney General, that any document or record of such status, relief, protection, authoriza- U.S.C. 236(c))’’ after ‘‘United States,’’. required under this subsection is tion, or benefit, or issuance of any docu- CHAPTER 5—VISA FRAUD AND SECURITY unobtainable, the Secretary or the Attorney mentation evidencing such status, relief, IMPROVEMENT ACT OF 2018 General may permit the alien to submit, in protection, authorization, or benefit.’’. lieu of such document or record, other satis- SEC. 1761. SHORT TITLE. (b) EFFECTIVE DATE AND APPLICATION.—The factory evidence of the fact to which such This chapter may be cited as the ‘‘Visa amendment made by subsection (a) shall document or record, if obtainable, per- Fraud and Security Improvement Act of take effect on the date of the enactment of tains.’’. 2018’’. this Act and shall apply to any application, SEC. 1762. EXPANDED USAGE OF FRAUD PREVEN- SEC. 1765. ACCESS TO NCIC CRIMINAL HISTORY petition, or request for any benefit or relief DATABASE FOR DIPLOMATIC VISAS. TION AND DETECTION FEES. or any other case or matter under the immi- Section 286(v)(2)(A) of the Immigration and Subsection (a) of article V of section 217 of gration laws pending with on or filed with Nationality Act (8 U.S.C. 1356(v)(2)(A)) is the National Crime Prevention and Privacy the Secretary of Homeland Security, the At- amended— Compact Act of 1998 (34 U.S.C. 40316(V)(a)) is torney General, the Secretary of State, the (1) in the matter preceding clause (i), by amended by inserting ‘‘, except for diplo- Secretary of Labor, or a consular officer on striking ‘‘at United States embassies and matic visa applications for which only full or after such date of enactment. consulates abroad’’; biographical information is required’’ before (2) by amending clause (i) to read as fol- the period at the end. SEC. 1772. WITHHOLDING OF ADJUDICATION. lows: SEC. 1766. ELIMINATION OF SIGNED PHOTO- (a) IN GENERAL.—Section 103 of Immigra- ‘‘(i) to increase the number of diplomatic GRAPH REQUIREMENT FOR VISA AP- tion and Nationality Act (8 U.S.C. 1103), as security personnel assigned exclusively or PLICATIONS. amended by section 1771 of this Act, is fur- primarily to the function of preventing and Section 221(b) of the Immigration and Na- ther amended by adding at the end the fol- detecting visa fraud;’’; and tionality Act (8 U.S.C. 1201(b)) is amended by lowing: (3) in clause (ii), by striking ‘‘, including striking the first sentence and insert the fol- ‘‘(i) WITHHOLDING OF ADJUDICATION.— primarily fraud by applicants for visas de- lowing: ‘‘Each alien who applies for a visa ‘‘(1) IN GENERAL.—Except as provided in scribed in subparagraph (H)(i), (H)(ii), or (L) shall be registered in connection with his or paragraph (4), nothing in this Act or in any of section 101(a)(15)’’. her application and shall furnish copies of other law, including sections 1361 and 1651 of his or her photograph for such use as may be SEC. 1763. INADMISSIBILITY OF SPOUSES AND title 28, United States Code, may be con- SONS AND DAUGHTERS OF TRAF- required by regulation.’’. strued to require, and no court can order, the FICKERS. CHAPTER 6—OTHER MATTERS Secretary, the Attorney General, the Sec- Section 212(a)(2) of the Immigration and SEC. 1771. REQUIREMENT FOR COMPLETION OF retary of State, the Secretary of Labor, or a Nationality Act (8 U.S.C. 1182(a)(2)) is BACKGROUND CHECKS. consular officer to grant any visa or other amended— (a) IN GENERAL.—Section 103 of Immigra- application, approve any petition, or grant (1) in subparagraph (C)(ii), by inserting ‘‘, tion and Nationality Act (8 U.S.C. 1103) is or continue any relief, protection from re- or has been,’’ after ‘‘is’’; and amended by adding at the end the following: moval, employment authorization, or any

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other status or benefit under the immigra- ‘‘(2) AUTHORIZED ACTIVITIES.— (B) orders the preliminary relief to become tion laws by, to, or on behalf of any alien ‘‘(A) IN GENERAL.—The Secretary and the a final order granting prospective relief be- with respect to whom a criminal proceeding Secretary of State— fore the expiration of such 90-day period. or investigation is open or pending (includ- ‘‘(i) shall have direct access, without any (c) PROCEDURE FOR MOTION AFFECTING ing the issuance of an arrest warrant or in- fee or charge, to the information described in ORDER GRANTING PROSPECTIVE RELIEF dictment), if such proceeding or investiga- paragraph (1) to conduct name-based AGAINST THE GOVERNMENT.— tion is deemed by such official to be material searches, file number searches, and any (1) IN GENERAL.—A court shall promptly to the alien’s eligibility for the status, relief, other searches that any criminal justice or rule on a motion made by the United States protection, or benefit sought. other law enforcement officials are entitled Government to vacate, modify, dissolve, or ‘‘(2) WITHHOLDING OF ADJUDICATION.—The to conduct; and otherwise terminate an order granting pro- Secretary, the Attorney General, the Sec- ‘‘(ii) may contribute to the records main- spective relief in any civil action pertaining retary of State, or the Secretary of Labor tained by the National Crime Information to the administration or enforcement of the may, in his or her discretion, withhold adju- Center. immigration laws. dication any application, petition, request ‘‘(B) SECRETARY OF HOMELAND SECURITY.— (2) AUTOMATIC STAYS.— for relief, request for protection from re- The Secretary shall receive, upon request, (A) IN GENERAL.—A motion to vacate, mod- moval, employment authorization, status or access to the information described in para- ify, dissolve, or otherwise terminate an order benefit under the immigration laws pending graph (1) by means of extracts of the records granting prospective relief made by the final resolution of the criminal or other pro- for placement in the appropriate database United States Government in any civil ac- ceeding or investigation. without any fee or charge. tion pertaining to the administration or en- ‘‘(3) JURISDICTION.—Notwithstanding any ‘‘(c) CRIMINAL JUSTICE AND LAW ENFORCE- forcement of the immigration laws shall other provision of law (statutory or non- MENT PURPOSES.—Notwithstanding any other automatically, and without further order of statutory), including section 309 of the En- provision of law, adjudication of eligibility the court, stay the order granting prospec- hanced Border Security and Visa Entry Re- for benefits, relief, or status under the immi- tive relief on the date that is 15 days after form Act of 2002 (8 U.S.C. 1738), sections 1361 gration laws, and other purposes relating to the date on which such motion is filed unless and 1651 of title 28, United States Code, and citizenship and immigration services, shall the court previously has granted or denied section 706(1) of title 5, United States Code, be considered to be criminal justice or law the Government’s motion. URATION OF AUTOMATIC STAY.—An no court shall have jurisdiction to review a enforcement purposes with respect to access (B) D to or use of any information maintained by automatic stay under subparagraph (A) shall decision to withhold adjudication pursuant the National Crime Information Center or continue until the court enters an order to this subsection. other criminal history information or granting or denying the Government’s mo- ‘‘(4) WITHHOLDING OF REMOVAL AND TORTURE records.’’. tion. CONVENTION.—This subsection does not limit (C) POSTPONEMENT.—The court, for good or modify the applicability of section SEC. 1774. APPROPRIATE REMEDIES FOR IMMI- GRATION LITIGATION. cause, may postpone an automatic stay 241(b)(3) or the United Nations Convention (a) LIMITATION ON CLASS ACTIONS.— under subparagraph (A) for not longer than Against Torture and Other Cruel, Inhuman (1) IN GENERAL.—Except as provided in 15 days. or Degrading Treatment or Punishment, sub- paragraph (2), no court may certify, or con- (D) ORDERS BLOCKING AUTOMATIC STAYS.— ject to any reservations, understandings, tinue the certification of, a class under Rule Any order staying, suspending, delaying, or declarations and provisos contained in the 23 of the Federal Rules of Civil Procedure in otherwise barring the effective date of the United States Senate resolution of ratifica- any civil action that— automatic stay described in subparagraph tion of the Convention, as implemented by (A) is pending or filed on or after the date (A), other than an order to postpone the ef- section 2242 of the Foreign Affairs Reform of the enactment of this Act; and fective date of the automatic stay for not and Restructuring Act of 1998 (Public Law (B) pertains to the administration or en- longer than 15 days under subparagraph (C)— 105–277) with respect to an alien otherwise el- forcement of the immigration laws. (i) shall be treated as an order refusing to igible for protection under such provisions.’’. (2) EXCEPTION.—A court may certify a class vacate, modify, dissolve, or otherwise termi- (b) EFFECTIVE DATE AND APPLICATION.—The upon a motion by the Government if the nate an injunction; and amendment made by subsection (a) shall Government is requesting such a certifi- (ii) shall be immediately appealable under take effect on the date of the enactment of cation to ensure efficiency in case manage- section 1292(a)(1) of title 28, United States this Act and shall apply to any application, ment or uniformity in application of prece- Code. petition, or request for any benefit or relief dent decisions or interpretations of laws (d) SETTLEMENTS.— or any other case or matter under the immi- (1) CONSENT DECREES.—In any civil action gration laws pending with or filed with the when there is a nationwide class. (b) REQUIREMENTS FOR AN ORDER GRANTING pertaining to the administration or enforce- Secretary of Homeland Security on or after PROSPECTIVE RELIEF AGAINST THE GOVERN- ment of the immigration laws of the United such date of enactment. MENT.— States, the court may not enter, approve, or SEC. 1773. ACCESS TO THE NATIONAL CRIME IN- (1) IN GENERAL.—If a court determines that continue a consent decree that does not com- FORMATION CENTER INTERSTATE ply with the requirements under subsection IDENTIFICATION INDEX. prospective relief should be ordered against (b)(1). (a) CRIMINAL JUSTICE ACTIVITIES.—Section the Government in any civil action per- (2) PRIVATE SETTLEMENT AGREEMENTS.— 104 of the Immigration and Nationality Act taining to the administration or enforce- Nothing in this subsection may be construed (8 U.S.C. 1104) is amended by adding at the ment of the immigration laws, the court to preclude parties from entering into a pri- end the following: shall— ‘‘(f) Notwithstanding any other provision (A) limit the relief to the minimum nec- vate settlement agreement that does not of law, any Department of State personnel essary to correct the violation of law; comply with subsection (b)(1). (e) EXPEDITED PROCEEDINGS.—It shall be with authority to grant or refuse visas or (B) adopt the least intrusive means to cor- the duty of every court to advance on the passports may carry out activities that have rect the violation of law; (C) minimize, to the greatest extent prac- docket and to expedite the disposition of any a criminal justice purpose.’’. civil action or motion considered under this (b) LIAISON WITH INTERNAL SECURITY OFFI- ticable, the adverse impact on national secu- section. CERS; DATA EXCHANGE.—Section 105 of the rity, border security, immigration adminis- (f) CONSENT DECREE DEFINED.—In this sec- tration and enforcement, and public safety; Immigration and Nationality Act (8 U.S.C. tion, the term ‘‘consent decree’’— and 1105) is amended by striking subsections (b) (1) means any relief entered by the court (D) provide for the expiration of the relief and (c) and inserting the following: that is based in whole or in part on the con- CCESS TO NCIC-III.— ‘‘(b) A on a specific date, which is not later than sent or acquiescence of the parties; and ‘‘(1) IN GENERAL.—Notwithstanding any the earliest date necessary for the Govern- (2) does not include private settlements. other provision of law, the Attorney General ment to remedy the violation. (g) COSTS AND FEES.—Section 2412(d)(2)(B) and the Director of the Federal Bureau of In- (2) WRITTEN EXPLANATION.—The require- of title 28, United States Code, is amended— vestigation shall provide to the Department ments described in paragraph (1) shall be dis- (1) by striking ‘‘an individual’’ and insert- of Homeland Security and the Department of cussed and explained in writing in the order ing ‘‘a United States citizen’’; and State access to the criminal history record granting prospective relief and shall be suffi- (2) by inserting ‘‘United States citizen’’ be- information contained in the National Crime ciently detailed to allow review by another fore ‘‘owner’’. Information Center’s Interstate Identifica- court. SEC. 1775. USE OF 1986 IRCA LEGALIZATION IN- tion Index (NCIC-III) and the Wanted Per- (3) EXPIRATION OF PRELIMINARY INJUNCTIVE FORMATION FOR NATIONAL SECU- sons File and to any other files maintained RELIEF.—Preliminary injunctive relief grant- RITY PURPOSES. by the National Crime Information Center ed under paragraph (1) shall automatically (a) SPECIAL AGRICULTURAL WORKERS.—Sec- for the purpose of determining whether an expire on the date that is 90 days after the tion 210(b)(6) of the Immigration and Nation- applicant or petitioner for a visa, admission, date on which such relief is entered, unless ality Act (8 U.S.C. 1160(b)(6)) is amended— or any benefit, relief, or status under the im- the court— (1) by striking ‘‘Attorney General’’ each migration laws, or any beneficiary of an ap- (A) finds that such relief meets the re- place it appears and inserting ‘‘Secretary’’; plication, petition, relief, or status under the quirements described in subparagraphs (A) (2) in subparagraph (A), in the matter pre- immigration laws, has a criminal history through (D) of paragraph (1) for the entry of ceding clause (i), by striking ‘‘Justice’’ and record indexed in the file. permanent prospective relief; and inserting ‘‘Homeland Security’’;

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.018 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S1028 CONGRESSIONAL RECORD — SENATE February 14, 2018 (3) by redesignating subparagraphs (C) and SEC. 1777. CONFORMING AMENDMENT TO THE (3) in clause (vi), by striking the period at (D) as subparagraphs (D) and (E), respec- DEFINITION OF RACKETEERING AC- the end and inserting ‘‘; or’’ and tively; TIVITY. (4) by adding at the end the following: (4) inserting after subparagraph (B) the fol- Section 1961(1) of title 18, United States ‘‘(vii) is described in section 212(a)(3) or lowing: Code, is amended by striking ‘‘section 1542’’ 237(a)(4).’’. and all that follows through ‘‘section 1546 ‘‘(C) AUTHORIZED DISCLOSURES.— SEC. 1802. DATE OF ADMISSION FOR PURPOSES ‘‘(i) CENSUS PURPOSE.—The Secretary may (relating to fraud and misuse of visas, per- OF ADJUSTMENT OF STATUS. mits, and other documents)’’ and inserting provide, in the Secretary’s discretion, for the (a) APPLICANTS FOR ADMISSION.—Section ‘‘sections 1541 through 1546 (relating to pass- furnishing of information furnished under 101(a)(13) of the Immigration and Nationality ports and visas)’’. this section in the same manner and cir- Act (8 U.S.C. 1101(a)(13)), as amended by sec- cumstances as census information may be SEC. 1778. VALIDITY OF ELECTRONIC SIGNA- tion 1801, is further amended by adding at TURES. disclosed under section 8 of title 13, United the end the following: (a) CIVIL CASES.— States Code.’’. ‘‘(D) Notwithstanding subparagraph (A), (1) IN GENERAL.—Chapter 9 of title II of the ‘‘(ii) NATIONAL SECURITY PURPOSE.—The adjustment of status of an alien to that of an Immigration and Nationality Act (8 U.S.C. Secretary may provide, in the Secretary’s alien lawfully admitted for permanent resi- 1351 et seq.), as amended by section 1126(a) of discretion, for the furnishing, use, publica- dence under section 245 or under any other this Act, is further amended by adding at the tion, or release of information furnished provision of law is an admission of the end the following: under this section in any investigation, case, alien.’’. ‘‘SEC. 296. VALIDITY OF SIGNATURES. or matter, or for any purpose, relating to (b) ELIGIBILITY TO BE REMOVED FOR A terrorism, national intelligence or the na- ‘‘(a) IN GENERAL.—In any proceeding, adju- CRIME INVOLVING MORAL TURPITUDE.—Sec- tional security. dication, or any other matter arising under tion 237(a)(2)(A)(i)(I) of such Act (8 U.S.C. ‘‘(iii) SUBSEQUENT APPLICATIONS FOR IMMI- the immigration laws, an individual’s hand 1227(a)(2)(A)(i)(I)) is amended by striking GRATION BENEFITS.—The Secretary may use written or electronic signature on any peti- ‘‘date of admission,’’ inserting ‘‘alien’s most the information furnished under this section tion, application, or any other document ex- recent date of admission;’’. to adjudicate subsequent applications, peti- ecuted or provided for any purpose under the immigration laws establishes a rebuttable SEC. 1803. PRECLUDING ASYLEE AND REFUGEE tions, or requests for immigration benefits ADJUSTMENT OF STATUS FOR CER- filed by the alien. presumption that the signature executed is TAIN GROUNDS OF INADMISSIBILITY ‘‘(iv) ALIEN CONSENT.—The Secretary may that of the individual signing, that the indi- AND DEPORTABILITY. use the information furnished under this sec- vidual is aware of the contents of the docu- (a) GROUNDS OF INADMISSIBILITY.—Section tion for any purpose when the alien ment, and intends to sign it.’’. 209(c) of the Immigration and Nationality to its disclosure or use by the Secretary. ‘‘(b) RECORD INTEGRITY.—The Secretary Act (8 U.S.C. 1159(c)) is amended by striking ‘‘(v) OTHER CIRCUMSTANCES.—The Secretary shall establish procedures to ensure that ‘‘(other than paragraph (2)(C) or subpara- may use the information furnished under when any electronic signature is captured graph (A), (B), (C), or (E) of paragraph (3))’’, this section for other purposes and in other for any petition, application, or other docu- and inserting ‘‘(other than subparagraph (C) circumstances in which disclosure of the in- ment submitted for purposes of obtaining an or (G) of paragraph (2) or subparagraph (A), formation is not related to removal of the immigration benefit, the identity of the per- (B), (C), (E), (F), or (G) of paragraph (3))’’. alien from the United States.’’; and son is verified and authenticated, and the (b) GROUNDS OF DEPORTABILITY.—Section (5) in subparagraph (D), as redesignated, record of such identification and verification 209 of such Act, as amended by subsection striking ‘‘Service’’ and inserting ‘‘Depart- is preserved for litigation purposes.’’. (a), is further amended by adding at the end ment of Homeland Security’’. (2) CLERICAL AMENDMENT.—The table of the following: (b) ADJUSTMENT OF STATUS.—Section contents in the first section of the Immigra- ‘‘(d) An alien’s status may not be adjusted 245A(c)(5) of the Immigration and Nation- tion and Nationality Act is amended by in- under this section if the alien is in removal ality Act (8 U.S.C. 1255a(c)(5)) is amended— serting after the item relating to section 295, proceedings under section 238 or 240 and is (1) by striking ‘‘Attorney General’’ each as added by section 1126(a)(2) of this Act, the charged with any ground of deportability place it appears and inserting ‘‘Secretary’’; following: under paragraph (2), (3), (4), or (6) of section (2) in subparagraph (A), in the matter pre- ‘‘Sec. 296. Validity of signatures.’’. 237(a).’’. ceding clause (i), by striking ‘‘Justice’’ and (b) CRIMINAL CASES.— (c) EFFECTIVE DATE.—The amendments inserting ‘‘Homeland Security’’; and (1) IN GENERAL.—Chapter 223 of title 18, made by this section shall apply to— (3) by amending subparagraph (C) to read United States Code, is amended by adding at (1) any act that occurred before, on, or as follows: the end the following: after the date of the enactment of this Act; ‘‘(C) AUTHORIZED DISCLOSURES.— ‘‘§ 3513. Signatures relating to immigration and ‘‘(i) CENSUS PURPOSE.—The Secretary may matters (2) all aliens who are required to establish provide, in the Secretary’s discretion, for the ‘‘In a criminal proceeding in a court of the admissibility on or after such date in all re- furnishing of information furnished under United States, if an individual’s handwritten moval, deportation, or exclusion proceedings this section in the same manner and cir- or electronic signature appears on a petition, that are filed, pending, or reopened, on or cumstances as census information may be application, or other document executed or after such date. disclosed under section 8 of title 13, United provided for any purpose under the immigra- SEC. 1804. REVOCATION OF LAWFUL PERMANENT States Code. tion laws (as defined in section 101(a)(17) of RESIDENT STATUS FOR HUMAN ‘‘(ii) NATIONAL SECURITY PURPOSE.—The the Immigration and Nationality Act (8 RIGHTS VIOLATORS. Secretary may provide, in the Secretary’s U.S.C. 1101(a)(17)), the trier of fact may infer Section 240(b)(5) of the Immigration and discretion, for the furnishing, use, publica- that the document was signed by that indi- Nationality Act (8 U.S.C. 1229a(b)(5)) is tion, or release of information furnished vidual, and that the individual knew the con- amended by adding at the end the following: under this section in any investigation, case, tents of the document and intended to sign ‘‘(F) ADDITIONAL APPLICATION TO CERTAIN or matter, or for any purpose, relating to the document.’’. ALIENS OUTSIDE OF THE UNITED STATES WHO terrorism, national intelligence or the na- (2) CLERICAL AMENDMENT.—The table of ARE ASSOCIATED WITH HUMAN RIGHTS VIOLA- tional security.’’. sections for chapter 223 of title 18, United TIONS.—Subparagraphs (A) through (E) shall SEC. 1776. UNIFORM STATUTE OF LIMITATIONS States Code, is amended by inserting after apply to any alien placed in proceedings FOR CERTAIN IMMIGRATION, NATU- the item relating to section 3512 the fol- under this section who— RALIZATION, AND PEONAGE OF- lowing: ‘‘(i) is outside of the United States; FENSES. ‘‘3513. Signatures relating to immigration ‘‘(ii) has been provided written notice in Section 3291 of title 18, United States Code, matters.’’. accordance with section 239(a) (whether the is amended to read as follows: alien is within or outside the United States); Subtitle H—Prohibition on Terrorists and ‘‘§ 3291. Nationality, citizenship and passports Obtaining Lawful Status in the United States ‘‘(iii) is described in section 212(a)(2)(G) ‘‘No person shall be prosecuted, tried, or CHAPTER 1—PROHIBITION ON ADJUST- (persons who have committed particularly punished for a violation of any section of MENT TO LAWFUL PERMANENT RESI- severe violations of religious freedom), chapter 69 (relating to nationality and citi- DENT STATUS 212(a)(3)(E) (Nazi and other persecution, zenship offenses) or 75 (relating to passport, SEC. 1801. LAWFUL PERMANENT RESIDENTS AS genocide, war crimes, crimes against human- visa, and immigration offenses), for a viola- APPLICANTS FOR ADMISSION. ity, extrajudicial killing, torture, or speci- tion of any criminal provision of section 243, Section 101(a)(13)(C) of the Immigration fied human rights violations), or 212(a)(3)(G) 274, 275, 276, 277, or 278 of the Immigration and Nationality Act (8 U.S.C. 1101(a)(13)(C)) (recruitment or use of child soldiers).’’. and Nationality Act (8 U.S.C. 1253, 1324, 1325, is amended— SEC. 1805. REMOVAL OF CONDITION ON LAWFUL 1326, 1327, 1328), or for an attempt or con- (1) in clauses (i), (ii), (iii), and (iv), by PERMANENT RESIDENT STATUS spiracy to violate any such section, unless striking the comma at the end of each clause PRIOR TO NATURALIZATION. the indictment is returned or the informa- and inserting a semicolon; Chapter 2 of title II of the Immigration and tion is filed within 10 years after the com- (2) in clause (v), by striking the ‘‘, or’’ and Nationality Act (8 U.S.C. 1181 et seq.) is mission of the offense.’’. inserting a semicolon; amended—

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.018 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S1029 (1) in section 216(e) (8 U.S.C. 1186a(e)), by ‘‘(1) an alien crewman; proved petition for classification under sec- inserting ‘‘, if the alien has had the condi- ‘‘(2) subject to subsection (k), any alien tion 204 that is the underlying basis for the tional basis removed pursuant to this sec- (other than an immediate relative (as de- application for adjustment of status was tion’’ before the period at the end; and fined in section 201(b)) or a special immi- filed by an individual who has a judicial pro- (2) in section 216A(e) (8 U.S.C. 1186b(e)), by grant (as described in subparagraph (H), (I), ceeding pending against him or her that inserting ‘‘, if the alien has had the condi- (J), or (K) of section 101(a)(27))) who— would result in the revocation of the individ- tional basis removed pursuant to this sec- ‘‘(A) continues in or accepts unauthorized ual’s naturalization under section 340.’’. tion’’ before the period at the end. employment before filing an application for SEC. 1808. EXTENSION OF TIME LIMIT TO PERMIT SEC. 1806. PROHIBITION ON TERRORISTS AND adjustment of status; RESCISSION OF PERMANENT RESI- ALIENS WHO POSE A THREAT TO NA- ‘‘(B) is in unlawful immigration status on DENT STATUS. TIONAL SECURITY OR PUBLIC SAFE- the date he or she files an application for ad- Section 246 of the Immigration and Nation- TY FROM RECEIVING AN ADJUST- justment of status; or ality Act (8 U.S.C. 1256) is amended— MENT OF STATUS. ‘‘(C) has failed (other than through no (1) in subsection (a)— (a) APPLICATION FOR ADJUSTMENT OF STA- fault of his or her own or for technical rea- (A) by inserting ‘‘(1)’’ after ‘‘(a)’’; TUS IN THE UNITED STATES.— sons) to maintain continuously a lawful sta- (B) by striking ‘‘within five years’’ and in- (1) IN GENERAL.—Section 245 of the Immi- tus since entry into the United States; serting ‘‘within 10 years’’; gration and Nationality Act (8 U.S.C. 1255) is ‘‘(3) any alien admitted in transit without (C) by striking ‘‘Attorney General’’ each amended by striking the section heading and a visa under section 212(d)(4)(C); place that term appears and inserting ‘‘Sec- subsection (a) and inserting the following: ‘‘(4) an alien (other than an immediate rel- retary’’; and ‘‘SEC. 245. ADJUSTMENT OF STATUS TO THAT OF ative (as defined in section 201(b))) who was (D) by adding at the end the following: A PERSON ADMITTED FOR PERMA- admitted as a nonimmigrant visitor without ‘‘(2) In any removal proceeding involving NENT RESIDENCE. a visa under section 212(l) or 217; an alien whose status has been rescinded ‘‘(a) IN GENERAL.— ‘‘(5) an alien who was admitted as a non- under this subsection, the determination by ‘‘(1) ELIGIBILITY FOR ADJUSTMENT.—The immigrant under section 101(a)(15)(S); the Secretary that the alien was not eligible status of an alien who was inspected and ad- ‘‘(6) an alien described in section for adjustment of status is not subject to re- mitted or paroled into the United States or 212(a)(3)(B) or in subparagraph (B), (F), or (G) view or reconsideration during such pro- the status of any other alien having an ap- of section 237(a)(4); ceedings.’’. proved petition for classification under the ‘‘(7) any alien who seeks adjustment of sta- (2) by redesignating subsection (b) as sub- Violence Against Women Act of 1994 (42 tus to that of an immigrant under section section (c); and U.S.C. 13701 et seq.) as a spouse or child who 203(b) and is not in a lawful nonimmigrant (3) by inserting after subsection (a) the fol- has been battered or subjected to extreme status; lowing: cruelty may be adjusted by the Secretary or ‘‘(8) any alien who has committed, ordered, ‘‘(b) Nothing in subsection (a) may be con- by the Attorney General, in the discretion of incited, assisted, or otherwise participated in strued to require the Secretary to rescind the Secretary or the Attorney General, and the persecution of any person on account of the alien’s status before the commencement under such regulations as the Secretary or race, religion, nationality, membership in a of removal proceedings under section 240. the Attorney General may prescribe, to that particular social group, or political opinion; The Secretary may commence removal pro- of an alien lawfully admitted for permanent or ceedings at any time against any alien who residence if— ‘‘(9) any alien who— is removable, including aliens whose status ‘‘(A) the alien files an application for such ‘‘(A) was employed while the alien was an was adjusted to that of an alien lawfully ad- adjustment; unauthorized alien (as defined in section mitted for permanent residence under sec- ‘‘(B) the alien is eligible to receive an im- 274A(h)(3)); or tion 245 or 249 or under any other provision migrant visa, is admissible to the United ‘‘(B) has otherwise violated the terms of a of law. There is no statute of limitations States for permanent residence, and is not nonimmigrant visa.’’. with respect to the commencement of re- subject to exclusion, deportation, or removal SEC. 1807. TREATMENT OF APPLICATIONS FOR moval proceedings under section 240. An from the United States; and ADJUSTMENT OF STATUS DURING order of removal issued by an immigration ‘‘(C) an immigrant visa is immediately PENDING DENATURALIZATION PRO- judge shall be sufficient to rescind the available to the alien at the time the alien’s CEEDINGS. alien’s status.’’. application is filed. (a) VISA ISSUANCE.—Section 221(g) of the SEC. 1809. BARRING PERSECUTORS AND TERROR- ‘‘(2) REQUIREMENT TO OBTAIN AN IMMIGRANT Immigration and Nationality Act (8 U.S.C. ISTS FROM REGISTRY. VISA OUTSIDE OF THE UNITED STATES.—Not- 1201(g)) is amended— Section 249 of the Immigration and Nation- withstanding any other provision of this sec- (1) by inserting ‘‘(1)’’ before ‘‘No visa’’; ality Act (8 U.S.C. 1259) is amended to read tion, if the Secretary determines that an (2) by striking ‘‘if (1) it appears’’ and in- as follows: alien may be a threat to national security or serting the following: ‘‘if— public safety or if the Secretary determines ‘‘(A) it appears’’; ‘‘SEC. 249. RECORD OF ADMISSION FOR PERMA- that a favorable exercise of discretion to NENT RESIDENCE IN THE CASE OF (3) by striking ‘‘law, (2) the application’’ CERTAIN ALIENS WHO ENTERED allow an alien to seek to adjust his or her and inserting the following: ‘‘law; THE UNITED STATES PRIOR TO JAN- status in the United States is not warranted, ‘‘(B) the application’’; UARY 1, 1972. the Secretary, in the Secretary’s sole and (4) by striking ‘‘thereunder, or (3) the con- ‘‘(a) IN GENERAL.—The Secretary, in the unreviewable discretion, may deny the appli- sular officer’’ and inserting the following: discretion of the Secretary and under such cation for adjustment of status. If the Sec- ‘‘thereunder; regulations as the Secretary may prescribe, retary denies an application for adjustment ‘‘(C) the consular officer’’; may enter a record of lawful admission for of status under this paragraph, the Secretary (5) by striking ‘‘provision of law: Provided, permanent residence in the case of any alien, shall notify the Attorney General of such de- That a visa’’ and inserting the following: if no such record is otherwise available and cision and the Attorney General shall deny ‘‘provision of law; or the alien— any application for adjustment of status ‘‘(D) the approved petition for classifica- ‘‘(1) entered the United States before Janu- filed by the alien in an immigration pro- tion under section 203 or 204 that is the un- ary 1, 1972; ceeding.’’. derlying basis for the application for a visa ‘‘(2) has continuously resided in the United (2) CLERICAL AMENDMENT.—The table of was filed by an individual who has a judicial States since such entry; contents in the first section of the Immigra- proceeding pending against him or her that ‘‘(3) has been a person of good moral char- tion and Nationality Act is amended by would result in the individual’s acter since such entry; striking the item relating to section 245 and denaturalization under section 340. ‘‘(4) is not ineligible for citizenship; inserting the following: ‘‘(2) A visa’’; and ‘‘(5) is not described in paragraph (1)(A)(iv), ‘‘Sec. 245. Adjustment of status to that of a (6) by striking ‘‘section 213: Provided fur- (2), (3), (6)(C), (6)(E), (8), or (9)(C) of section person admitted for permanent ther, That a visa’’ and inserting the fol- 212(a); residence.’’. lowing: ‘‘section 213. ‘‘(6) is not described in paragraph (1)(E), (b) PROHIBITION ON TERRORISTS AND ALIENS ‘‘(3) A visa’’. (1)(G), (2), (4) of section 237(a); and WHO POSE A THREAT TO NATIONAL SECURITY (b) ADJUSTMENT OF STATUS.—Section 245 of ‘‘(7) did not, at any time, without reason- OR PUBLIC SAFETY ON ADJUSTMENT TO LAW- the Immigration and Nationality Act (8 able cause, fail or refuse to attend or remain FUL PERMANENT RESIDENT STATUS.—Section U.S.C. 1451), as amended by sections 1764 and in attendance at a proceeding to determine 245(c) of the Immigration and Nationality 1806, is further amended by adding at the end the alien’s inadmissibility or deportability. Act (8 U.S.C. 1255(c)) is amended to read as the following: ‘‘(b) RECORDATION DATE OF PERMANENT follows: ‘‘(o) An application for adjustment of sta- RESIDENCE.—The record of an alien’s lawful ‘‘(c) Except for an alien who has an ap- tus may not be considered or approved by admission for permanence residence shall be proved petition for classification as a VAWA the Secretary or the Attorney General, and the date on which the Secretary approves self-petitioner, subsection (a) shall not apply no court may order the approval of an appli- the application for such status under this to— cation for adjustment of status if the ap- section.’’.

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.018 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S1030 CONGRESSIONAL RECORD — SENATE February 14, 2018 CHAPTER 2—PROHIBITION ON NATU- such a person is or was not of good moral tablished his or her eligibility for naturaliza- RALIZATION AND UNITED STATES CITI- character. The Secretary or the Attorney tion under this Act.’’. ZENSHIP General shall not be limited to the appli- SEC. 1824. LIMITATION ON JUDICIAL REVIEW WHEN AGENCY HAS NOT MADE DECI- SEC. 1821. BARRING TERRORISTS FROM BECOM- cant’s conduct during the period for which SION ON NATURALIZATION APPLICA- ING NATURALIZED UNITED STATES good moral character is required, but may TION AND ON DENIALS. CITIZENS. take into consideration as a basis for deter- (a) LIMITATION ON REVIEW OF PENDING NAT- (a) IN GENERAL.—Section 316 of the Immi- mination the applicant’s conduct and acts at URALIZATION APPLICATIONS.—Section 336 of gration and Nationality Act (8 U.S.C. 1427) is any time. The Secretary or the Attorney General, in the unreviewable discretion of the Immigration and Nationality Act (8 amended by adding at the end the following: U.S.C. 1447) is amended— the Secretary or the Attorney General, may ‘‘(g)(1)(A) Except as provided in subpara- (1) in subsection (a), by striking ‘‘If,’’ and determine that paragraph (8) shall not apply graph (B), a person may not be naturalized if inserting the following: to a single aggravated felony conviction the Secretary determines, in the discretion ‘‘(b) IN GENERAL.—If,’’; and of the Secretary, that the alien is described (other than murder, manslaughter, homicide, (2) by amending subsection (b) to read as in section 212(a)(3) or 237(a)(4) at any time, rape, or any sex offense when the victim of follows: including any period before or after the fil- such sex offense was a minor) for which com- ‘‘(b) REQUEST FOR HEARING BEFORE DIS- ing of an application for naturalization. pletion of the term of imprisonment or the TRICT COURT.—If a final administrative de- ‘‘(B) Subparagraph (A) shall not apply to sentence (whichever is later) occurred 15 termination is not made on an application an alien described in section 212(a)(3) if— years or longer before the date on which the for naturalization under section 335 before ‘‘(i) the alien received an exemption under person filed an application under this Act.’’. the end of the 180-day period beginning on section 212(d)(3)(B)(i); and (b) AGGRAVATED FELONS.—Section 509(b) of the date on which the Secretary completes ‘‘(ii) the only conduct or actions by the the Immigration Act of 1990 (8 U.S.C. 1101 all examinations and interviews under such alien that are described in section 212(a)(3) note; Public Law 101–649) is amended by section (as such terms are defined by the (and would bar the alien from naturalization striking ‘‘convictions’’ and all that follows Secretary, by regulation), the applicant may under this paragraph) are specifically cov- and inserting ‘‘convictions occurring before, apply to the district court for the district in ered by the exemption referred to in clause on, or after such date.’’. which the applicant resides for a hearing on (i). (c) EFFECTIVE DATES; APPLICATION.— the matter. Such court shall only have juris- ‘‘(2) A determination under paragraph (1) (1) SUBSECTION (a).—The amendments made diction to review the basis for delay and re- may be based upon any relevant information by subsection (a) shall take effect on the mand the matter to the Secretary for the or evidence, including classified, sensitive, date of the enactment of this Act, shall Secretary’s determination on the applica- or national security information.’’. apply to any act that occurred before, on, or tion.’’. (b) APPLICABILITY TO CITIZENSHIP THROUGH after such date of enactment, and shall apply (b) LIMITATIONS ON REVIEW OF DENIAL.— NATURALIZATION OF PARENT OR SPOUSE.—Sec- to any application for naturalization or any Section 310 of the Immigration and Nation- tion 340(d) of such Act (8 U.S.C. 1451(d)) is other benefit or relief, or any other case or ality Act (8 U.S.C. 1421) is amended— amended— matter under the immigration laws pending (1) by amending subsection (c) to read as (1) by striking the first sentence and in- on or filed after such date of enactment. follows: ‘‘(c) JUDICIAL REVIEW.— serting the following: (2) SUBSECTION (b).—The amendment made ‘‘(1) JUDICIAL REVIEW OF DENIAL.—A person ‘‘(1) A person who claims United States by subsection (b) shall take effect as if in- whose application for naturalization under citizenship through the naturalization of a cluded in the enactment of the Intelligence this title is denied may, not later than 120 parent or spouse shall be deemed to have lost Reform and Terrorism Prevention Act of 2004 days after the date of the Secretary’s admin- his or her citizenship, and any right or privi- (Public Law 108–458). istratively final determination on the appli- lege of citizenship which he or she may have SEC. 1823. PROHIBITION ON JUDICIAL REVIEW OF cation and after a hearing before an immi- acquired, or may hereafter acquire by virtue NATURALIZATION APPLICATIONS FOR ALIENS IN REMOVAL PRO- gration officer under section 336(a), seek re- of the naturalization of such parent or CEEDINGS. view of such denial before the United States spouse, if the order granting citizenship to Section 318 of the Immigration and Nation- district court for the district in which such such parent or spouse is revoked and set ality Act (8 U.S.C. 1429) is amended to read person resides in accordance with chapter 7 aside under the provisions of— as follows: of title 5, United States Code. ‘‘(A) subsection (a) on the ground that the ‘‘SEC. 318. PREREQUISITE TO NATURALIZATION; ‘‘(2) BURDEN OF PROOF.—The petitioner order and certificate of naturalization were BURDEN OF PROOF. shall have burden of proof to show that the procured by concealment of a material fact ‘‘(a) IN GENERAL.—Except as otherwise pro- Secretary’s denial of the application for nat- or by willful misrepresentation; or vided in this chapter, no person may be natu- uralization was not supported by facially le- ‘‘(B) subsection (e) pursuant to a convic- ralized unless he or she has been lawfully ad- gitimate and bona fide reasons. tion under section 1425 of title 18, United mitted to the United States for permanent ‘‘(3) LIMITATIONS ON REVIEW.—Except in a States Code.’’. residence in accordance with all applicable proceeding under section 340, and notwith- (2) in the second sentence, by striking provisions of this chapter. standing any other provision of law, includ- ‘‘Any person’’ and inserting the following: ‘‘(b) BURDEN OF PROOF.—A person described ing section 2241 of title 28, United States ‘‘(2) Any person’’. in subsection (a) shall have the burden of Code, any other habeas corpus provision, and SEC. 1822. TERRORIST BAR TO GOOD MORAL proof to show that he or she entered the sections 1361 and 1651 of such title, no court CHARACTER. United States lawfully, and the time, place, shall have jurisdiction to determine, or to (a) DEFINITION OF GOOD MORAL CHAR- and manner of such entry into the United review a determination of the Secretary ACTER.—Section 101(f) of the Immigration States. In presenting such proof, the person made at any time regarding, whether, for and Nationality Act (8 U.S.C. 1101(f)), as is entitled to the production of his or her im- purposes of an application for naturalization, amended by sections 1710(d), 1712(h), and migrant visa, if any, or of other entry docu- an alien— 1713(d), is further amended— ment, if any, and of any other documents ‘‘(A) is a person of good moral character; (1) in paragraph (8), by inserting ‘‘, regard- and records, not considered by the Secretary ‘‘(B) understands and is attached to the less of whether the crime was classified as an to be confidential, pertaining to such entry, principles of the Constitution of the United aggravated felony at the time of conviction’’ in the custody of the Department. States; or before the semicolon at the end; ‘‘(c) LIMITATIONS ON REVIEW.—Notwith- ‘‘(C) is well disposed to the good order and (2) by inserting after paragraph (11), the standing section 405(b), and except as pro- happiness of the United States.’’; following: vided in sections 328 and 329— (2) in subsection (d)— ‘‘(12) one who the Secretary or the Attor- ‘‘(1) a person may not be naturalized (A) by inserting ‘‘SUBPOENAS.—’’ before ney General determines, in the unreviewable against whom there is outstanding a final ‘‘The immigration officer’’; discretion of the Secretary or the Attorney finding of removal, exclusion, or deporta- (B) by striking ‘‘subpena’’ and inserting General, to have been an alien described in tion; ‘‘subpoena’’; and section 212(a)(3) or 237(a)(4), which deter- ‘‘(2) an application for naturalization may (C) by striking ‘‘subpenas’’ each place such mination— not be considered by the Secretary or by any term appears and inserting ‘‘subpoenas’’; and ‘‘(A) may be based upon any relevant infor- court if there is pending against the appli- (3) in subsection (e), by inserting ‘‘NAME mation or evidence, including classified, sen- cant any removal proceeding or other pro- CHANGE.—’’ before ‘‘It shall’’. sitive, or national security information; and ceeding to determine whether the applicant’s (c) EFFECTIVE DATE; APPLICATION.—The ‘‘(B) shall be binding upon any court re- lawful permanent resident status should be amendments made by this section— gardless of the applicable standard of re- rescinded, regardless of when such pro- (1) shall take effect on the date of the en- view.’’; and ceeding was commenced; and actment of this Act; (3) in the undesignated matter at the end, ‘‘(3) the findings of the Attorney General (2) shall apply to any act that occurred be- by striking the first sentence and inserting in terminating removal proceedings or in fore, on, or after such date of enactment; and following: cancelling the removal of an alien pursuant (3) shall apply to any application for natu- ‘‘The fact that a person is not within any of to this Act may not be deemed binding in ralization or any other case or matter under the foregoing classes shall not preclude a dis- any way upon the Secretary with respect to the immigration laws that is pending on, or cretionary finding for other reasons that the question of whether such person has es- filed after, such date of enactment.

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.018 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S1031 SEC. 1825. CLARIFICATION OF (2) by adding at the end the following: is amended by adding at the end the fol- DENATURALIZATION AUTHORITY. ‘‘(2) The Secretary may not adjudicate or lowing: Section 340 of the Immigration and Nation- approve any petition filed under this section ‘‘SEC. 5. AUTHORITY TO DENY OR REVOKE PASS- ality Act (8 U.S.C. 1451) is amended— by an individual who has a judicial pro- PORT AND PASSPORT CARD. (1) in subsection (a), by striking ‘‘United ceeding pending against him or her that ‘‘(a) INELIGIBILITY.— States attorneys for the respective districts’’ would result in the individual’s ‘‘(1) ISSUANCE.—Except as provided under and inserting ‘‘Attorney General’’; and denaturalization under section 340 until— subsection (b), the Secretary of State shall (2) by amending subsection (c) to read as ‘‘(A) such proceedings have concluded; and refuse to issue a passport or a passport card follows: ‘‘(B) the period for appeal has expired or to any individual— ‘‘(c) The Government shall have the burden any appeals have been finally decided, if ap- ‘‘(A) who has been convicted of a violation of proof to establish, by clear, unequivocal, plicable.’’. of chapter 113B of title 18, United States and convincing evidence, that an order (b) WITHHOLDING OF IMMIGRATION BENE- Code; or granting citizenship to an alien should be re- FITS.—Section 340 of such Act (8 U.S.C. 1451), ‘‘(B)(i) whom the Secretary has determined voked and a certificate of naturalization as amended by sections 1825 and 1826, is fur- is a member of or is otherwise affiliated with cancelled because such order and certificate an organization the Secretary has designated were illegally procured or were procured by ther amended by inserting after subsection concealment of a material fact or by willful (d), as added by section 1826(a)(2), the fol- as a foreign terrorist organization pursuant misrepresentation.’’. lowing: to section 219 of the Immigration and Na- ‘‘(e) The Secretary may not approve any tionality Act (8 U.S.C. 1189); or SEC. 1826. DENATURALIZATION OF TERRORISTS. application, petition, or request for any im- ‘‘(ii) has aided, abetted, or provided mate- (a) DENATURALIZATION FOR TERRORISTS AC- migration benefit from an individual against rial support to an organization described in TIVITIES.—Section 340 of the Immigration and Nationality Act, as amended by section whom there is a judicial proceeding pending clause (i). 1825, is further amended— that would result in the individual’s ‘‘(2) REVOCATION.—The Secretary of State (1) by redesignating subsections (d) denaturalization under this section until— shall revoke a passport previously issued to through (h) as subsections (f) through (j), re- ‘‘(1) such proceedings have concluded; and any individual described in paragraph (1). spectively; and ‘‘(2) the period for appeal has expired or ‘‘(b) EXCEPTIONS.— (2) by inserting after subsection (c) the fol- any appeals have been finally decided, if ap- ‘‘(1) EMERGENCY CIRCUMSTANCES, HUMANI- lowing: plicable.’’. TARIAN REASONS, AND LAW ENFORCEMENT PUR- ‘‘(d)(1) If a person who has been natural- SEC. 1828. NATURALIZATION DOCUMENT RETEN- POSES.—Notwithstanding subsection (a), the ized, during the 15-year period after such TION. Secretary of State may issue, or decline to naturalization, participates in any act de- (a) IN GENERAL.—Chapter 2 of title III of revoke, a passport of an individual described scribed in paragraph (2)— the Immigration and Nationality Act (8 in such subsection in emergency cir- ‘‘(A) such act shall be considered prima U.S.C. 1421 et seq.) is amended by inserting cumstances, for humanitarian reasons, or for facie evidence that such person was not at- after section 344 the following: law enforcement purposes. IMITATION FOR RETURN TO UNITED tached to the principles of the Constitution ‘‘SEC. 345. NATURALIZATION DOCUMENT RETEN- ‘‘(2) L of the United States and was not well dis- TION. STATES.—Notwithstanding subsection (a)(2), posed to the good order and happiness of the ‘‘(a) IN GENERAL.—The Secretary shall re- the Secretary of State, before revocation, United States at the time of naturalization; tain all documents described in subsection may— and (b) for a minimum of 7 years for law enforce- ‘‘(A) limit a previously issued passport for ‘‘(B) in the absence of countervailing evi- ment and national security investigations use only for return travel to the United dence, such act shall be sufficient in the and for litigation purposes, regardless of States; or proper proceeding to authorize the revoca- whether such documents are scanned into ‘‘(B) issue a limited passport that only per- tion and setting aside of the order admitting U.S. Citizenship and Immigration Services’ mits return travel to the United States. such person to citizenship and the cancella- electronic immigration system or stored in ‘‘(c) RIGHT OF REVIEW.—Any individual tion of the certificate of naturalization as any electronic format. who, in accordance with this section, is de- nied issuance of a passport by the Secretary having been obtained by concealment of a ‘‘(b) DOCUMENTS TO BE RETAINED.—The doc- material fact or by willful misrepresenta- uments described in this subsection are— of State, or whose passport is revoked or tion; and ‘‘(1) the original paper naturalization ap- otherwise limited by the Secretary of State, ‘‘(C) such revocation and setting aside of plication and all supporting paper documents may request a hearing before the Secretary the order admitting such person to citizen- submitted with the application at the time of State not later than 60 days after receiv- ship and such canceling of certificate of nat- of filing, subsequent to filing, and during the ing notice of such denial, revocation, or limi- uralization shall be effective as of the origi- course of the naturalization interview; and tation. ‘‘(d) REPORT.—If the Secretary of State de- nal date of the order and certificate, respec- ‘‘(2) any paper documents submitted in nies, issues, limits, or declines to revoke a tively. connection with an application for natu- ‘‘(2) The acts described in this paragraph passport or passport card under subsection ralization that is filed electronically.’’. that shall subject a person to a revocation (b), the Secretary, not later than 30 days (b) CLERICAL AMENDMENT.—The table of and setting aside of his or her naturalization after such denial, issuance, limitation, or contents in the first section of the Immigra- under paragraph (1)(B) are— revocation, shall submit a report to Congress tion and Nationality Act is amended by in- ‘‘(A) any activity a purpose of which is the that describes such denial, issuance, limita- serting after the item relating to section 344 opposition to, or the control or overthrow of, tion, or revocation, as appropriate.’’. the following: the Government of the United States by TITLE II—PERMANENT REAUTHORIZA- ‘‘Sec. 345. Naturalization document reten- force, violence, or other unlawful means; TION OF VOLUNTARY E–VERIFY ‘‘(B) engaging in a terrorist activity (as de- tion.’’. SEC. 2001. PERMANENT REAUTHORIZATION. fined in clauses (iii) and (iv) of section CHAPTER 3—FORFEITURE OF PROCEEDS Section 401(b) of the Illegal Immigration 212(a)(3)(B)); FROM PASSPORT AND VISA OFFENSES, Reform and Immigrant Responsibility Act of ‘‘(C) endorsing or espousing terrorist activ- AND PASSPORT REVOCATION. 1996 (division C of Public Law 104–208; 8 ity, or persuading others to endorse or SEC. 1831. FORFEITURE OF PROCEEDS FROM U.S.C. 1324a note) is amended by striking espouse terrorist activity or a terrorist orga- PASSPORT AND VISA OFFENSES. ‘‘Unless the Congress otherwise provides, the nization; and Section 981(a)(1) of title 18, United States Secretary of Homeland Security shall termi- ‘‘(D) receiving military-type training (as Code, is amended by adding at the end the nate a pilot program on September 30, 2015.’’. defined in section 2339D(c)(1) of title 18, following: United States Code) from or on behalf of any SEC. 2002. PREEMPTION; LIABILITY. ‘‘(J) Any real or personal property that has Section 402 of the Illegal Immigration Re- organization that, at the time the training been used to commit, or to facilitate the was received, was a terrorist organization (as form and Immigrant Responsibility Act of commission of, a violation of chapter 75, the 1996 (8 U.S.C. 1324a note) is amended by add- defined in section 212(a)(3)(B)(vi)).’’. gross proceeds of such violation, and any (b) EFFECTIVE DATE.—The amendments ing at the end the following: property traceable to any such property or ‘‘(g) LIMITATION ON STATE AUTHORITY.— made by subsection (a) shall take effect on proceeds.’’. the date of the enactment of this Act and ‘‘(1) PREEMPTION.—A State or local govern- shall apply to acts that occur on or after SEC. 1832. PASSPORT REVOCATION ACT. ment may not prohibit a person or other en- such date. (a) SHORT TITLE.—This section may be tity from verifying the employment author- SEC. 1827. TREATMENT OF PENDING APPLICA- cited as the ‘‘Passport Revocation Act’’. ization of new hires or current employees TIONS DURING DENATURALIZATION (b) REVOCATION OR DENIAL OF PASSPORTS through E-Verify. PROCEEDINGS. AND PASSPORT CARDS TO INDIVIDUALS WHO ‘‘(2) LIABILITY.—A person or other entity (a) IN GENERAL.—Section 204(b) of the Im- ARE AFFILIATED WITH FOREIGN TERRORIST that participates in E-Verify may not be migration and Nationality Act (8 U.S.C. ORGANIZATIONS.—The Act entitled ‘‘An Act held liable under any Federal, State, or local 1154(b)) is amended— to regulate the issue and validity of pass- law for any employment-related action (1) by striking ‘‘After’’ and inserting ‘‘(1) ports, and for other purposes’’, approved July taken with respect to the wrongful termi- Except as provided in paragraph (2), after’’; 3, 1926 (22 U.S.C. 211a et seq.), which is com- nation of an individual in good faith reliance and monly known as the ‘‘Passport Act of 1926’’, on information provided through E-Verify.’’.

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.018 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S1032 CONGRESSIONAL RECORD — SENATE February 14, 2018 SEC. 2003. INFORMATION SHARING. the Secretary of Homeland Security, after considered to have been inspected and admit- The Commissioner of Social Security, the consultation with the Commissioner of So- ted for the purposes of section 245(a) of the Secretary of Homeland Security, and the cial Security and the Director of the Na- Immigration and Nationality Act (8 U.S.C. Secretary of the Treasury shall jointly es- tional Institute of Standards and Tech- 1255(a)). tablish a program to share information nology, shall establish, by regulation, not (5) FEDERAL PUBLIC BENEFIT.—The term among their respective agencies that could fewer than 2 Identity Authentication Em- ‘‘Federal public benefit’’ means— lead to the identification of unauthorized ployment Eligibility Verification pilot pro- (A) the American Opportunity Tax Credit aliens (as defined in section 274A(h)(3) of the grams (referred to in this section as the ‘‘Au- authorized under section 25A(i) of the Inter- Immigration and Nationality Act (8 U.S.C. thentication Pilots’’), each of which shall nal Revenue Code of 1986; 1324a(h)(3)), including no-match letters and use a separate and distinct technology. (B) the Earned Income Tax Credit author- any information in the earnings suspense (b) PURPOSE.—The purpose of the Authen- ized under section 32 of the Internal Revenue file. tication Pilots shall be to provide for iden- Code of 1986; SEC. 2004. SMALL BUSINESS DEMONSTRATION tity authentication and employment eligi- (C) the Health Coverage Tax Credit author- PROGRAM. bility verification with respect to enrolled ized under section 35 of the Internal Revenue Section 403 of the Illegal Immigration Re- new employees to any employer that elects Code of 1986; form and Immigrant Responsibility Act of to participate in an Authentication Pilot. (D) Social Security benefits authorized 1996 (8 U.S.C. 1324a note) is amended— (c) CANCELLATION.—Any participating em- under title II of the Social Security Act (42 (1) by redesignating subsection (d) as sub- ployer may cancel the employer’s participa- U.S.C. 401 et seq.); section (e); and tion in an Authentication Pilot after 1 year (E) Medicare benefits authorized under (2) by inserting after subsection (c) the fol- after electing to participate without preju- title XVIII of the Social Security Act (42 lowing: dice to future participation. U.S.C. 1395 et seq.); and ‘‘(d) SMALL BUSINESS DEMONSTRATION PRO- (d) REPORT.—Not later than 12 months (F) benefits received under the Federal- GRAM.—Not later than 9 months after the after commencement of the Authentication State Unemployment Compensation Act of date of enactment of the SECURE and SUC- Pilots, the Secretary shall submit a report CEED Act, the Director of U.S. Citizenship 1970 (26 U.S.C. 3304 note). to the Committee on the Judiciary of the (6) IMMIGRATION LAWS.—The term ‘‘immi- and Immigration Services shall establish a Senate and the Committee on the Judiciary demonstration program that assists small gration laws’’ has the meaning given the of the House of Representatives that in- businesses in rural areas or areas without term in section 101(a)(17) of the Immigration cludes the Secretary’s findings on the Au- internet capabilities to verify the employ- and Nationality Act (8 U.S.C. 1101(a)(17)). thentication Pilots and the authentication ment eligibility of newly hired employees (7) INSTITUTION OF HIGHER EDUCATION.—The technologies chosen. solely through the use of publicly accessible term ‘‘institution of higher education’’ has internet terminals.’’. TITLE III—SUCCEED ACT the meaning given the term in section 102 of SEC. 2005. FRAUD PREVENTION. SEC. 3001. SHORT TITLES. the Higher Education Act of 1965 (20 U.S.C. (a) BLOCKING MISUSED SOCIAL SECURITY AC- This title may be cited as the ‘‘Solution 1002), except that the term does not include COUNT NUMBERS.—The Secretary of Home- for Undocumented Children through Careers, an institution of higher education outside of land Security, in consultation with the Com- Employment, Education, and Defending our the United States. missioner of Social Security, shall establish Nation Act’’ or the ‘‘SUCCEED Act’’. (8) MILITARY-RELATED TERMS.—The terms a program in which Social Security account SEC. 3002. DEFINITIONS. ‘‘active duty’’, ‘‘active service’’, ‘‘active sta- numbers that have been identified to be sub- In this title: tus’’, and ‘‘armed forces’’ have the meanings ject to unusual multiple use in the employ- (1) IN GENERAL.—Except as otherwise spe- given those terms in section 101 of title 10, ment eligibility verification system estab- cifically provided, any term used in this title United States Code. lished under section 274A(d) of the Immigra- that is also used in the immigration laws (9) APPLICABLE FEDERAL TAX LIABILITY.— tion and Nationality Act (8 U.S.C. 1324a(d)), shall have the meaning given such term in The term ‘‘applicable Federal tax liability’’ or that are otherwise suspected or deter- the immigration laws. means liability for Federal taxes imposed mined to have been compromised by identity (2) ALIEN ENLISTEE.—The term ‘‘alien en- under the Internal Revenue Code of 1986, in- fraud or other misuse, shall be blocked from listee’’ means a conditional temporary resi- cluding any penalties and interest on such use for such system purposes unless the indi- dent that seeks to maintain or extend such taxes. vidual using such number is able to estab- status by complying with the requirements (10) SECRETARY.—The term ‘‘Secretary’’ lish, through secure and fair additional secu- under this title relating to enlistment and means the Secretary of Homeland Security. rity procedures, that the individual is the le- service in the Armed Forces of the United (11) SIGNIFICANT MISDEMEANOR.—The term gitimate holder of the number. States. ‘‘significant misdemeanor’’ means— (b) ALLOWING SUSPENSION OF USE OF CER- (3) ALIEN POSTSECONDARY STUDENT.—The (A) a criminal offense involving— TAIN SOCIAL SECURITY ACCOUNT NUMBERS.— term ‘‘alien postsecondary student’’ means a (i) domestic violence; The Secretary of Homeland Security, in con- conditional temporary resident that seeks to (ii) sexual abuse or exploitation, including sultation with the Commissioner of Social maintain or extend such status by complying sexually explicit conduct involving minors Security, shall establish a program that pro- with the requirements under this title relat- (as such terms are defined in section 2256 of vides a reliable, secure method by which vic- ing to enrollment in, and graduation from, title 18, United States Code); tims of identity fraud and other individuals an institution of higher education in the (iii) burglary; may suspend or limit the use of their Social United States. (iv) unlawful possession or use of a firearm; Security account number or other identi- (4) CONDITIONAL TEMPORARY RESIDENT.— (v) drug distribution or trafficking; or fying information for purposes of the em- (A) DEFINITION.—The term ‘‘conditional (vi) driving under the influence or driving ployment eligibility verification system es- temporary resident’’ means an alien de- while intoxicated; or tablished under section 274A(d) of the Immi- scribed in subparagraph (B) who is granted (B) any other misdemeanor for which the gration and Nationality Act (8 U.S.C. conditional temporary resident status under individual was sentenced to a term of impris- 1324a(d)). The Secretary may implement the this title. onment of not less than 90 days (excluding a program on a limited pilot program basis be- (B) DESCRIPTION.—An alien granted condi- suspended sentence). fore making it fully available to all individ- tional temporary resident status under this uals. SEC. 3003. CANCELLATION OF REMOVAL OF CER- title— TAIN LONG-TERM RESIDENTS WHO (c) ALLOWING PARENTS TO PREVENT THEFT (i) shall not be considered to be an alien ENTERED THE UNITED STATES AS OF THEIR CHILD’S IDENTITY.—The Secretary CHILDREN. of Homeland Security, in consultation with who is unlawfully present in the United the Commissioner of Social Security, shall States for purposes of the immigration laws, (a) SPECIAL RULE FOR CERTAIN LONG-TERM establish a program that provides a reliable, including section 505 of the Illegal Immigra- RESIDENTS WHO ENTERED THE UNITED STATES secure method by which parents or legal tion Reform and Immigrant Responsibility AS CHILDREN.— guardians may suspend or limit the use of Act of 1996 (8 U.S.C. 1623); (1) IN GENERAL.—Notwithstanding any the Social Security account number or other (ii) shall not be permitted to apply for ad- other provision of law and except as other- identifying information of a minor under justment of status under section 245(a) of the wise provided in this title, the Secretary their care for the purposes of the employ- Immigration and Nationality Act (8 U.S.C. may cancel the removal of an alien who is ment eligibility verification system estab- 1255(a)) until the date on which the alien is inadmissible or deportable from the United lished under 274A(d) of the Immigration and permitted to so apply under section 3005; States and grant the alien conditional tem- Nationality Act (8 U.S.C. 1324a(d)). The Sec- (iii) has the intention to permanently re- porary resident status under this title, if— retary may implement the program on a lim- side in the United States; (A) the alien has been physically present in ited pilot program basis before making it (iv) is not required to have a foreign resi- the United States for a continuous period fully available to all individuals. dence which the alien has no intention of since June 15, 2012; SEC. 2006. IDENTITY AUTHENTICATION EMPLOY- abandoning; and (B) the alien was younger than 16 years of MENT ELIGIBILITY VERIFICATION (v) on the date on which the alien is eligi- age on the date on which the alien initially PILOT PROGRAMS. ble to apply for adjustment of status to that entered the United States; (a) IN GENERAL.—Not later than 2 years of an alien lawfully admitted for permanent (C) on June 15, 2012, the alien— after the date of the enactment of this Act, residence under section 3005, the shall be (i) was younger than 31 years of age; and

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.018 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S1033 (ii) had no lawful status in the United (6)(E) of section 212(a) of the Immigration Cruel, Inhuman or Degrading Treatment or States; and Nationality Act (8 U.S.C. 1182(a)), and a Punishment, done at New York, December (D) in the case of an alien who is 18 years ground of deportability under paragraph (A), 10, 1984, if the alien violates a term for condi- of age or older on the date of enactment of (B), (C), or (E) of section 237(a)(1) of such Act tional temporary resident status under this this Act, the alien— (8 U.S.C. 1227(a)(1)) for humanitarian pur- title. (i) meets the other requirements of this poses or if such waiver is otherwise in the (ii) EXCEPTION.—Notwithstanding an ac- section; and public interest. knowledgment under clause (ii), the Sec- (ii)(I) has, while in the United States, (B) QUARTERLY REPORT.—Not later than 180 retary, in the discretion of the Secretary, earned a high school diploma, obtained a days after the date of the enactment of this may allow an alien who violated the terms of general education development certificate Act, and quarterly thereafter, the Secretary conditional temporary resident status (other recognized under State law, or received a shall submit a report to Congress that iden- than a criminal alien or an alien deemed to high school equivalency diploma; tifies— be a national security or public safety risk) (II) has been admitted to an institution of (i) the number of waivers under this para- to seek relief from removal if the Secretary higher education in the United States; or graph that were requested by aliens during determines that such relief is warranted for (III) has served, is serving, or has enlisted the preceding quarter; humanitarian purposes or if otherwise in the in the Armed Forces of the United States; (ii) the number of such requests that were public interest. (E) in the case of an alien who is younger granted; and (iii) JUDICIAL REVIEW.—Notwithstanding than 18 years of age on the date of enact- (iii) the number of such requests that were any other provision of law (statutory or non- ment of this Act, the alien— denied. statutory), including section 2241 of title 28, (i) meets the other requirements of this (C) JUDICIAL REVIEW.—Notwithstanding United States Code, any other habeas corpus section; and any other provision of law (statutory or non- provision, and sections 1361 and 1651 of such (ii)(I) is attending, or has enrolled in, a pri- statutory), including sections 2241 of title 28, title, no court shall have jurisdiction to re- mary or secondary school; or United States Code, any other habeas corpus view a determination by the Secretary under (II) is attending, or has enrolled in, a post- provision, and sections 1361 and 1651 of title clause (ii). secondary school; 28, United States Code, a court shall not (4) SUBMISSION OF BIOMETRIC AND BIO- (F) the alien has been a person of good have jurisdiction to review a determination moral character (as defined in section 101(f) made by the Secretary under subparagraph GRAPHIC DATA.— of the Immigration and Nationality Act (8 (A). (A) IN GENERAL.—The Secretary may not cancel the removal of, or grant temporary U.S.C. 1101(f))) since the date on which the (3) PROCEDURES.— permanent resident status to, an alien under alien initially entered the United States; (A) APPLICATION FOR AFFIRMATIVE RELIEF.— this title before the date on which— (G) the alien has paid any applicable Fed- (i) REGULATIONS.— eral tax liability or has agreed to cure such (I) IN GENERAL.—The Secretary shall issue (i) the alien submits biometric and bio- liability through a payment installment plan regulations that provide a procedure for eli- graphic data, in accordance with procedures that has been approved by the Internal Rev- gible individuals to affirmatively apply for established by the Secretary; and enue Service; and the relief available under this subsection (ii) the Secretary receives and reviews the (H) the alien, subject to paragraph (2)— without being placed in removal proceedings. results of the background and security (i) is not inadmissible under paragraph (1), (II) REQUIREMENTS.—The regulations issued checks of the alien under paragraph (5). (2), (3), (4), (6)(C), (6)(E), (8), (9)(C), or (10) of under subclause (I)— (B) ALTERNATIVE PROCEDURE.—The Sec- section 212(a) of the Immigration and Na- (aa) shall establish a date after which an retary shall provide an alternative procedure tionality Act (8 U.S.C. 1182(a)), and is not in- alien may not seek relief under this title; for any applicant who is unable to provide admissible under subparagraph (A) of section and the biometric or biographic data referred to 212(a)(9) of such Act (unless the Secretary de- (bb) shall not allow an affidavit or a sworn in subparagraph (A) due to a physical dis- termines that the sole basis for the alien’s statement to be considered sufficient evi- ability or impairment. removal under such subparagraph was un- dence to establish any claim under this title. (5) BACKGROUND CHECKS.— lawful presence under subparagraph (B) or (ii) ELECTRONIC SUBMISSION.—An alien shall (A) REQUIREMENT FOR BACKGROUND (C) of such section 212(a)(9)); submit electronically an application for re- CHECKS.—The Secretary shall utilize biomet- (ii) is not deportable under paragraph lief under this title that includes all sup- ric, biographic, and other data that the Sec- (1)(D), (1)(E), (1)(G), (2), (3), (4), (5), or (6) of porting documentation, in accordance with retary determines to be appropriate, includ- section 237(a) of the Immigration and Na- the regulations issued under clause (i). ing information obtained pursuant to sub- tionality Act (8 U.S.C. 1227(a)); (iii) JUDICIAL REVIEW.—Notwithstanding paragraph (C)— (iii) has not ordered, incited, assisted, or any other provision of law (statutory or non- (i) to conduct security and law enforce- otherwise participated in the persecution of statutory), including sections 2241 of title 28, ment background checks of an alien seeking any person on account of race, religion, na- United States Code, any other habeas corpus relief under this subsection; and tionality, membership in a particular social provision, and sections 1361 and 1651 of title (ii) to determine whether there is any group, or political opinion; 28, United States Code, a court shall not criminal, national security, or other factor (iv) does not, in the sole and unreviewable have jurisdiction to review a determination that would render the alien ineligible for discretion of the Secretary, pose a threat to by the Secretary with respect to an applica- such relief. national security or public safety; tion under this subsection. (B) COMPLETION OF BACKGROUND CHECKS.— (v) is not a person who the Secretary (iv) DEADLINE FOR APPLICATION.—An alien The security and law enforcement back- knows, or has reason to believe— shall submit an application under this sec- ground checks required under subparagraph (I) is a member of a criminal gang; or tion not later than the later of— (A) shall be completed, to the satisfaction of (II) has participated in an activity of a (I) in the case of an alien who is 18 years of the Secretary, before the date on which the criminal gang, knowing or having reason to age or older, 1 year after the date on which Secretary cancels the removal of an alien believe that the activity promoted, the Secretary begins accepting applications; under this title. furthered, aided, or supported, or will pro- and (C) CRIMINAL RECORD REQUESTS.—The Sec- mote, further, aid, or support, the illegal ac- (II) 180 days after the date on which the retary, in cooperation with the Secretary of tivity of the criminal gang; and alien attains 18 years of age. State, shall seek to obtain information (vi) has not been convicted of— (v) FEE.—With respect to an application about any criminal activity the alien en- (I) a felony under Federal or State law, re- under this subsection, the Secretary shall gaged in, or for which the alien was con- gardless of the sentence imposed; collect a fee in an amount that will ensure victed in his or her country of nationality, (II) any combination of offenses under Fed- the recovery of the full costs of admin- country of citizenship, or country of last ha- eral or State law for which the alien was sen- istering the application and adjudication bitual residence, from INTERPOL, tenced to imprisonment for at least 1 year; process. EUROPOL, or any other international or na- (III) a significant misdemeanor; and (B) ACKNOWLEDGMENT TO BARS TO RELIEF.— tional law enforcement agency of the alien’s (IV) 3 or more misdemeanors; and (i) ACKNOWLEDGMENT OF NOTIFICATION.— country of nationality, country of citizen- (I) the alien has never been under a final The regulations issued pursuant to subpara- ship, or country of last habitual residence. administrative or judicial order of exclusion, graph (A) shall include a requirement that (6) MEDICAL EXAMINATION.—An alien apply- deportation, or removal, unless the alien— each alien applying for conditional tem- ing for relief available under this subsection (i) has remained in the United States under porary resident status under this title who is shall undergo a medical examination con- color of law after such final order was issued; at least 18 years of age sign, under penalty of ducted by a designated civil surgeon pursu- or perjury, an acknowledgment confirming that ant to procedures established by the Sec- (ii) received the final order before attain- the alien was notified and understands that retary. ing 18 years of age. he or she will be ineligible for any form of re- (7) INTERVIEW.—The Secretary may con- (2) WAIVER.— lief or immigration benefit under this title duct an in-person interview of an applicant (A) IN GENERAL.—The Secretary, in the dis- or other immigration laws other than with- for conditional temporary resident status as cretion of the Secretary, may waive, on a holding of removal under section 241(b)(3), or part of a determination with respect to case-by-case basis, a ground of inadmis- relief from removal based on a claim under whether the alien meets the eligibility re- sibility under paragraph (1), (4), (6)(B), or the Convention Against Torture and Other quirements described in this section.

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(8) MILITARY SELECTIVE SERVICE.—An alien has been provided with a reasonable oppor- least 1 year since the alien was granted con- applying for relief available under this sub- tunity to file an application for conditional ditional temporary resident status under section shall establish that the alien has reg- temporary resident status under this title. this title and while the alien was not en- istered for the Selective Service under the SEC. 3004. CONDITIONAL TEMPORARY RESIDENT rolled as a student in a postsecondary school Military Selective Service Act (50 U.S.C. STATUS. or institution of higher education or serving App. 451 et seq.) if the alien is subject to (a) INITIAL LENGTH OF STATUS.—Condi- in the Armed Forces of the United States; or such registration requirement under such tional temporary resident status granted to (9) if the alien has not completed a com- Act. an alien under this title shall be valid— bination of employment, military service, or (9) TREATMENT OF EXPUNGED CONVICTIONS.— (1) for an initial period of 7 years, subject postsecondary school totaling 62 months dur- (A) IN GENERAL.—The Secretary shall to termination under subsection (c), if appli- ing the 7-year period beginning on the date evaluate expunged convictions on a case-by- cable; and on which the alien was granted conditional case basis according to the nature and sever- (2) if the alien will not reach 18 years of temporary resident status under this title. ity of the offense to determine whether, age before the end of the period described in (d) RETURN TO PREVIOUS IMMIGRATION STA- under the particular circumstances, an alien paragraph (1), until the alien reaches 18 TUS.—The immigration status of an alien the may be eligible for— years of age. conditional temporary resident status of (b) TERMS OF CONDITIONAL TEMPORARY (i) conditional temporary resident status whom is terminated under subsection (c) RESIDENT STATUS.— under this title; or shall return to the immigration status of the (1) EMPLOYMENT.—A conditional temporary (ii) adjustment to that of an alien lawfully alien on the day before the date on which the resident may— admitted for permanent residence under sec- alien received conditional temporary resi- (A) be employed in the United States inci- tion 3005. dent status under this title. dent to conditional temporary resident sta- (B) JUDICIAL REVIEW.—Notwithstanding (e) EXTENSION OF CONDITIONAL TEMPORARY any other provision of law (statutory or non- tus under this title; and (B) enlist in the Armed Forces of the RESIDENT STATUS.—The Secretary shall ex- statutory), including section 2241 of title 28, United States in accordance with section tend the conditional temporary resident sta- United States Code, any other habeas corpus 504(b)(1)(D) of title 10, United States Code. tus of an alien granted such status under provision, and sections 1361 and 1651 of such (2) TRAVEL.—A conditional temporary resi- this title for 1 additional 5-year period be- title, no court shall have jurisdiction to re- dent may travel outside the United States yond the period specified in subsection (a) if view a determination by the Secretary under and may be admitted (if otherwise admis- the alien— subparagraph (A). sible) upon returning to the United States (1) has demonstrated good moral character (b) TERMINATION OF CONTINUOUS PERIOD.— without having to obtain a visa if— during the entire period the alien has been a For purposes of this section, any period of conditional temporary resident under this continuous residence or continuous physical (A) the alien is the bearer of valid, unex- pired documentary evidence of conditional title; presence in the United States of an alien who (2) is in compliance with section 3003(a)(1); applies for cancellation of removal under temporary resident status under this title; and (3) has not abandoned the alien’s residence subsection (a) shall not terminate when the in the United States by being absent from alien is served a notice to appear under sec- (B) the alien’s absence from the United the United States for a period of 180 days, or tion 239(a) of the Immigration and Nation- States— multiple periods of at least 180 days, in the ality Act (8 U.S.C. 1229(a)). (i) was not for a period of 180 days or aggregate, during the period of conditional (c) TREATMENT OF CERTAIN BREAKS IN longer, or for multiple periods exceeding 180 temporary resident status under this title, PRESENCE.— days in the aggregate; or unless the absence of the alien was due to ac- (1) IN GENERAL.—Except as provided in (ii) was due to active service in the Armed paragraph (2), an alien shall be considered to Forces of the United States. tive service in the Armed Forces of the have failed to maintain continuous physical (c) TERMINATION OF STATUS.—The Sec- United States; presence in the United States under sub- retary shall immediately terminate the con- (4) does not have any delinquent tax liabil- section (a)(1)(A) if the alien has departed ditional temporary resident status of an ities; from the United States for— alien under this title— (5) has not received any Federal public ben- (A) any period exceeding 90 days; or (1) in the case of an alien who is 18 years efit; and (B) any periods exceeding 180 days, in the of age or older, if the Secretary determines (6) while the alien has been a conditional aggregate, during a 5-year period. that the alien is a postsecondary student temporary resident under this title— (A) has graduated from an accredited insti- (2) EXTENSIONS FOR EXCEPTIONAL CIR- who was admitted to an accredited institu- tution of higher education in the United CUMSTANCES.—The Secretary may extend the tion of higher education in the United periods described in paragraph (1) by 90 days States, but failed to enroll in such institu- States; if the alien demonstrates that the failure to tion within 1 year after the date on which (B) has attended an accredited institution timely return to the United States was due the alien was granted conditional temporary of higher education in the United States on to exceptional circumstances. The excep- resident status under this title or to remain a full-time basis for not less than 8 semes- tional circumstances determined sufficient so enrolled; ters; to justify an extension should be not less (2) in the case of an alien who is younger (C)(i) has served as a member of a regular compelling than the serious illness of the than 18 years of age, if the Secretary deter- or reserve component of the Armed Forces of alien, or the death or serious illness of the mines that the alien enrolled in a primary or the United States in an active duty status alien’s parent, grandparent, sibling, or child. secondary school as a full-time student, but for at least 3 years; and (ii) if discharged from such service, re- (3) EXCEPTION FOR MILITARY SERVICE.—Any has failed to attend such school for a period time spent outside of the United States that exceeding 1 year during the 7-year period be- ceived an honorable discharge; or is due to the alien’s active service in the ginning on the date on which the alien was (D) has, for a cumulative total of not less Armed Forces of the United States shall not granted conditional temporary resident sta- than 48 months— be counted towards the time limits set forth tus under this title; (i) attended an accredited institution of in paragraph (1). (3) in the case of an alien who was granted higher education in the United States on a (d) RULEMAKING.— conditional temporary resident status under full-time basis; (1) INITIAL PUBLICATION.—Not later than 180 this title as an enlistee, if the alien— (ii)(I) honorably served in the Armed days after the date of enactment of this Act, (A) failed to complete basic training and Forces of the United States; and the Secretary shall publish regulations im- begin active duty service or service in Se- (II) maintained employment in the United plementing this section. lected Ready Reserve of the Ready Reserve States; or (2) INTERIM REGULATIONS.—Notwith- of the Armed Forces of the United States (iii)(I) attended an accredited institution standing section 553 of title 5, United States within 1 year after the date on which the of higher education in the United States; Code, the regulations required under para- alien was granted conditional temporary (II) honorably served in the Armed Forces graph (1) shall be effective, on an interim resident status under this title; or of the United States; and basis, immediately upon publication but (B) has received a dishonorable or other (III) otherwise maintained lawful employ- may be subject to change and revision after than honorable discharge from the Armed ment in the United States. public notice and opportunity for a period of Forces of the United States; (f) RETURN TO PREVIOUS STATUS.—The im- public comment. (4) if the alien was granted conditional migration status of an alien receiving an ex- (3) FINAL REGULATIONS.—Within a reason- temporary resident status under this title as tension of conditional temporary resident able time after publication of the interim a result of fraud or misrepresentation; status shall return to the immigration sta- regulations under paragraph (1), the Sec- (5) if the alien ceases to meet a require- tus of the alien on the day before the date on retary shall publish final regulations imple- ment under subparagraph (F), (G), (H), or (I) which the alien received conditional tem- menting this section. of section 3003(a)(1); porary resident status if the alien has not (e) REMOVAL OF ALIEN.—The Secretary (6) if the alien violated a term or condition filed to adjust status to that of an alien law- may not seek to remove an alien who estab- of his or her conditional resident status; fully admitted for permanent residence lishes prima facie eligibility for cancellation (7) if the alien has become a public charge; under section 3005 by the date on which the of removal and conditional temporary resi- (8) if the alien has not maintained employ- 5-year period referred to in subsection (e) dent status under this title until the alien ment in the United States for a period of at ends.

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REMOVAL OF CONDITIONAL BASIS FOR temporary resident status under this title spouse, parent, child, or any other family TEMPORARY RESIDENCE. may not be adjusted to permanent resident member of an alien provided conditional (a) IN GENERAL.—An alien who has been a status unless the alien demonstrates to the temporary resident status or lawful perma- conditional temporary resident under this satisfaction of the Secretary that the alien nent resident status under this title shall title for at least 7 years may file an applica- satisfies the requirements under section not thereafter be accorded, by virtue of par- tion with the Secretary, in accordance with 312(a)(1) of the Immigration and Nationality entage or familial relationship, any right, subsection (c), to adjust status to that of an Act (8 U.S.C. 1423(a)(1)). privilege, or status under the immigration alien lawfully admitted for permanent resi- (2) EXCEPTION.—Paragraph (1) shall not laws. dence. The application shall include the re- apply to an alien whom the Secretary deter- SEC. 3007. EXCLUSIVE JURISDICTION. quired fee and shall be filed in accordance mines is unable because of a physical or de- (a) SECRETARY OF HOMELAND SECURITY.— with the procedures established by the Sec- velopmental disability or mental impair- Except as provided in subsection (b), the Sec- retary. ment to meet the requirements of such para- retary shall have exclusive jurisdiction to (b) ADJUDICATION OF APPLICATION FOR AD- graph. The Secretary, in coordination with determine eligibility for relief under this JUSTMENT OF STATUS.— the Secretary of Health and Human Services title. If a final order of deportation, exclu- (1) ADJUSTMENT OF STATUS IF FAVORABLE and the Surgeon General, shall establish pro- sion, or removal is entered, the Secretary DETERMINATION.—If the Secretary determines cedures for making determinations under shall resume all powers and duties delegated that an alien who filed an application under this subsection. to the Secretary under this title. If a final subsection (a) meets the requirements de- (f) PAYMENT OF FEDERAL TAXES.—Not later order is entered before relief is granted under scribed in subsection (d), the Secretary than the date on which an application for ad- this title, the Attorney General shall termi- shall— justment of status is filed under subsection nate such order only after the alien has been (A) notify the alien of such determination; (a), the alien shall satisfy any applicable granted conditional temporary resident sta- and Federal tax liability due and owing on such tus under this title. (B) adjust the alien’s status to that of an date, as determined and verified by the Com- (b) ATTORNEY GENERAL.—The Attorney alien lawfully admitted for permanent resi- missioner of Internal Revenue, notwith- General shall have exclusive jurisdiction to dence. standing section 6103 of title 26, United determine eligibility for relief under this (2) TERMINATION IF ADVERSE DETERMINA- States Code, or any other provision of law. title for any alien who has been placed into TION.—If the Secretary determines that an (g) SUBMISSION OF BIOMETRIC AND BIO- deportation, exclusion, or removal pro- alien who files an application under sub- GRAPHIC DATA.— ceedings, whether such placement occurred section (a) does not meet the requirements (1) IN GENERAL.—The Secretary may not before or after the alien filed an application described in subsection (d), the Secretary adjust the status of an alien under this sec- for cancellation of removal and conditional shall— tion unless the alien submits biometric and temporary resident status or adjustment of (A) notify the alien of such determination; biographic data, in accordance with proce- status under this title. Such exclusive juris- and dures established by the Secretary. diction shall continue until such proceedings (B) terminate the conditional temporary (2) ALTERNATIVE PROCEDURE.—The Sec- are terminated. status of the alien. retary shall provide an alternative procedure SEC. 3008. CONFIDENTIALITY OF INFORMATION. (c) TIME TO FILE APPLICATION.— for an applicant who is unable to provide the (a) CONFIDENTIALITY OF INFORMATION.—The (1) IN GENERAL.—Applications for adjust- biometric or biographic data referred to in ment of status described in subsection (a) Secretary shall establish procedures to pro- paragraph (1) due to a physical disability or tect the confidentiality of information pro- shall be filed during the period— impairment. (A) beginning 180 days before the expira- vided by an alien under this title. (h) BACKGROUND CHECKS.— (b) PROHIBITION.—Except as provided in tion of the 7-year period of conditional tem- (1) REQUIREMENT FOR BACKGROUND subsection (c), an officer or employee of the porary resident status under this title; and CHECKS.—The Secretary shall utilize biomet- United States may not— (B) ending— ric, biographic, and other data that the Sec- (1) use the information provided by an indi- (i) 7 years after the date on which condi- retary determines to be appropriate— vidual pursuant to an application filed under tional temporary resident status was ini- (A) to conduct security and law enforce- this title as the sole basis to initiate re- tially granted to the alien under this title; ment background checks of an alien apply- moval proceedings under section 240 of the or ing for adjustment of status under this sec- Immigration and Nationality Act (8 U.S.C. (ii) after the conditional temporary resi- tion; and dent status has been terminated. 1229a) against the parent or spouse of the in- (B) to determine whether there is any dividual; (2) STATUS DURING PENDENCY.—An alien criminal, national security, or other factor shall be deemed to be in conditional tem- (2) make any publication whereby the in- that would render the alien ineligible for formation provided by any particular indi- porary resident status in the United States such adjustment of status. during the period in which an application vidual pursuant to an application under this (2) COMPLETION OF BACKGROUND CHECKS.— filed by the alien under subsection (a) is title can be identified; or The security and law enforcement back- (3) permit anyone other than an officer or pending. ground checks required under paragraph (1) (d) CONTENTS OF APPLICATION.— employee of the United States Government shall be completed with respect to an alien, (1) IN GENERAL.—Each application filed by to examine such application filed under this to the satisfaction of the Secretary, before an alien under subsection (a) shall contain title. the date on which the Secretary makes a de- information to permit the Secretary to de- (c) REQUIRED DISCLOSURE.—The Attorney termine whether the alien— cision on the application for adjustment of General or the Secretary shall disclose the (A) has been a conditional temporary resi- status of the alien. information provided by an individual under (i) EXEMPTION FROM NUMERICAL LIMITA- dent under this title for at least 7 years; this title and any other information derived TIONS.—Nothing in this section or in any (B) has demonstrated good moral character from such information to— other law may be construed to apply a nu- during the entire period the alien has been a (1) a Federal, State, Tribal, or local gov- merical limitation on the number of aliens ernment agency, court, or grand jury in con- conditional temporary resident under this who may be eligible for adjustment of status title; nection with an administrative, civil, or under this section. criminal investigation or prosecution; (C) is in compliance with section 3003(a)(1); (j) TREATMENT OF ALIENS MEETING RE- (2) a background check conducted pursuant and QUIREMENTS FOR EXTENSION OF CONDITIONAL to the Brady Handgun Violence Protection (D) has not abandoned the alien’s residence TEMPORARY RESIDENT STATUS.—If an alien Act (Public Law 103–159; 107 Stat. 1536) or an in the United States. has satisfied all of the requirements under amendment made by that Act; (2) PRESUMPTIONS.—For purposes of para- section 3003(a)(1) as of the date of enactment graph (1)— of this Act, the Secretary may cancel the re- (3) for homeland security or national secu- (A) the Secretary shall presume that an moval of the alien and permit the alien to rity purposes; alien has abandoned the alien’s residence in apply for conditional temporary resident sta- (4) an official coroner for purposes of af- the United States if the alien is absent from tus under this title. After the initial period firmatively identifying a deceased individual the United States for more than 365 days, in of conditional temporary resident status de- (whether or not such individual is deceased the aggregate, during the period of condi- scribed in section 3004(a), the Secretary shall as a result of a crime); or tional temporary resident status under this extend such alien’s conditional temporary (5) the Bureau of the Census in the same title, unless the alien demonstrates that the resident status and permit the alien to apply manner and circumstances as the informa- alien has not abandoned the alien’s resi- for adjustment of status in accordance with tion may be disclosed under section 8 of title dence; and subsection (a) if the alien has met the re- 13, United States Code. (B) an alien who is absent from the United quirements under section 3004(e) during the (d) FRAUD IN APPLICATION PROCESS OR States due to active service in the Armed entire period of conditional temporary resi- CRIMINAL CONDUCT.—Nothing in this section Forces of the United States has not aban- dent status under this title. may be construed to prevent the disclosure doned the alien’s residence in the United SEC. 3006. BENEFITS FOR RELATIVES OF ALIENS and use of information provided by an alien States during the period of such service. GRANTED CONDITIONAL TEM- under this title to determine whether an (e) CITIZENSHIP REQUIREMENT.— PORARY RESIDENT STATUS. alien seeking relief under this title has en- (1) IN GENERAL.—Except as provided in Notwithstanding any other provision of gaged in fraud in an application for such re- paragraph (2), an alien granted conditional law, a natural parent, prior adoptive parent, lief or at any time committed a crime from

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00107 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.018 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S1036 CONGRESSIONAL RECORD — SENATE February 14, 2018 being used or released for immigration en- the Implementation Account to pay for one- ‘‘(B)(i) did not acquire the status of an forcement, law enforcement, or national se- time and startup costs necessary to imple- alien lawfully admitted to the United States curity purposes. ment this title, including, but not limited for permanent residence during the 2 pre- (e) SUBSEQUENT APPLICATIONS FOR IMMIGRA- to— ceding fiscal years; or TION BENEFITS.—The Secretary may use the (A) personnel required to process applica- ‘‘(ii) acquired such status during such pe- information provided by an individual pursu- tions and petitions; riod under a provision of law (other than ant to an application filed under this title to (B) equipment, information technology subsection (b)) that exempts adjustment to adjudicate an application, petition, or other systems, infrastructure, and human re- such status from the numerical limitation request for an immigration benefit made by sources; on the worldwide level of immigration under the individual on a date after the date on (C) outreach to the public, including devel- this section.’’; and which the individual filed the application opment and promulgation of any regula- (C) in subsection (f)— under this title. tions, rules, or other public notice; and (i) in paragraph (2), by striking ‘‘section (f) PENALTY.—Any person who knowingly (D) anti-fraud programs and actions re- 203(a)(2)(A)’’ and inserting ‘‘section 203(a)’’; uses, publishes, or permits information to be lated to implementation of this title. (ii) by striking paragraph (3); examined in violation of this section shall be (4) REPORTING.—Not later than 180 days (iii) by redesignating paragraph (4) as para- fined not more than $10,000. after the date of the enactment of this Act, graph (3); and SEC. 3009. RESTRICTION ON WELFARE BENEFITS the Secretary shall submit a plan to the (iv) in paragraph (3), as redesignated, by FOR CONDITIONAL TEMPORARY Committee on Appropriations of the Senate, striking ‘‘(1) through (3)’’ and inserting ‘‘(1) RESIDENTS. the Committee on the Judiciary of the Sen- and (2)’’. An individual who has met the require- (b) FAMILY-BASED VISA PREFERENCES.— ments under section 3005 for adjustment ate, the Committee on Appropriations of the House of Representatives, and the Com- Section 203(a) of the Immigration and Na- from conditional temporary resident status tionality Act (8 U.S.C. 1153(a)) is amended to to lawful permanent resident status shall be mittee on the Judiciary of the House of Rep- resentatives for spending the funds appro- read as follows: considered, as of the date of such adjust- ‘‘(a) SPOUSES AND MINOR CHILDREN OF PER- priated under paragraph (2) that describes ment, to have completed the 5-year eligi- MANENT RESIDENT ALIENS.—Family-spon- how such funds will be obligated in each fis- bility waiting period under section 403 of the sored immigrants described in this sub- Personal Responsibility and Work Oppor- cal year, by program. section are qualified immigrants who are the (b) DEPOSIT AND USE OF PROCESSING tunity Reconciliation Act of 1996 (8 U.S.C. spouse or a child of an alien lawfully admit- FEES.— 1613). ted for permanent residence.’’. (1) REPAYMENT OF STARTUP COSTS.—Not- SEC. 3010. GAO REPORT. (c) CONFORMING AMENDMENTS.— Not later than 7 years after the date of the withstanding section 286(m) of the Immigra- (1) DEFINITION OF V NONIMMIGRANT.—Sec- enactment of this Act, the Comptroller Gen- tion and Nationality Act (8 U.S.C. 1356(m)), tion 101(a)(15)(V) of the Immigration and Na- eral of the United States shall submit a re- 75 percent of fees collected under this title tionality Act (8 U.S.C. 1101(a)(15)(V)) is port to the Committee on the Judiciary of shall be deposited monthly in the general amended by striking ‘‘section 203(a)(2)(A)’’ the Senate and the Committee on the Judici- fund of the Treasury until the funding pro- each place such term appears and inserting ary of the House of Representatives that sets vided by subsection (a)(2) has been repaid. ‘‘section 203(a)’’. forth— (2) DEPOSIT IN THE IMMIGRATION EXAMINA- (2) NUMERICAL LIMITATION TO ANY SINGLE (1) the number of aliens who were eligible TIONS FEE ACCOUNT.—Fees collected under FOREIGN STATE.—Section 202 of such Act (8 for cancellation of removal and grant of con- this title in excess of the amount referenced U.S.C. 1152) is amended— ditional temporary resident status under in paragraph (1) shall be deposited in the Im- (A) in subsection (a)(4)— section 3003(a); migration Examinations Fee Account, pursu- (i) by striking subparagraphs (A) and (B) (2) the number of aliens who applied for ant to section 286(m) of the Immigration and and inserting the following: cancellation of removal and grant of condi- Nationality Act (8 U.S.C. 1356(m)), and shall ‘‘(A) 75 PERCENT OF FAMILY-SPONSORED IM- tional temporary resident status under sec- remain available until expended pursuant to MIGRANTS NOT SUBJECT TO PER COUNTRY LIMI- tion 3003(a); section 286(n) of such Act (8 U.S.C. 1356(n)). TATION.—Of the visa numbers made available (3) the number of aliens who were granted TITLE IV—ENSURING FAMILY under section 203(a) in any fiscal year, 75 per- conditional temporary resident status under REUNIFICATION cent shall be issued without regard to the section 3003(a); and SEC. 4001. SHORT TITLE. numerical limitation under paragraph (2). (4) the number of aliens whose status was This title may be cited as the ‘‘Ensuring ‘‘(B) TREATMENT OF REMAINING 25 PERCENT adjusted to that of an alien lawfully admit- Family Reunification Act of 2018’’. FOR COUNTRIES SUBJECT TO SUBSECTION (e).— ted for permanent residence pursuant to sec- SEC. 4002. FAMILY-SPONSORED IMMIGRATION ‘‘(i) IN GENERAL.—Of the visa numbers tion 3005. PRIORITIES. made available under section 203(a) in any SEC. 3011. MILITARY ENLISTMENT. (a) REDEFINITION OF IMMEDIATE RELATIVE.— fiscal year, 25 percent shall be available, in Section 504(b)(1) of title 10, United States The Immigration and Nationality Act (8 the case of a foreign state or dependent area Code, is amended by adding at the end the U.S.C. 1101 et seq.) is amended— that is subject to subsection (e) only to the following: (1) in section 101(b)(1), in the matter pre- extent that the total number of visas issued ‘‘(D) An alien who is a conditional tem- ceding subparagraph (A), by striking ‘‘under in accordance with subparagraph (A) to na- porary resident (as defined in section 3002 of twenty-one years of age who’’ and inserting tives of the foreign state or dependent area the SUCCEED Act).’’. ‘‘who is younger than 18 years of age and’’; is less than the subsection (e) ceiling. SEC. 3012. ELIGIBILITY FOR NATURALIZATION. and ‘‘(ii) SUBSECTION (e) CEILING DEFINED.—In Notwithstanding sections 319(b), 328, and (2) in section 201 (8 U.S.C. 1151)— clause (i), the term ‘subsection (e) ceiling’ 329 of the Immigration and Nationality Act (A) in subsection (b)(2)(A)— means, for a foreign state or dependent area, (8 U.S.C. 1430(b), 1439, and 1440), an alien (i) in clause (i), by striking ‘‘children, 77 percent of the maximum number of visas whose status is adjusted under section 3005 spouses, and parents of a citizen of the that may be made available under section to that of an alien lawfully admitted for per- United States, except that, in the case of 203(a) to immigrants who are natives of the manent residence may apply for naturaliza- parents, such citizens shall be at least 21 state or area, consistent with subsection tion under chapter 2 of title III of the Immi- years of age.’’ and inserting ‘‘children and (e).’’; and gration and Nationality Act (8 U.S.C. 310 et spouse of a citizen of the United States.’’; (ii) by striking subparagraphs (C) and (D); seq.) not earlier than 7 years after such ad- and and justment of status. (ii) in clause (ii), by striking ‘‘such an im- (B) in subsection (e)— SEC. 3013. FUNDING. mediate relative’’ and inserting ‘‘the imme- (i) in paragraph (1), by adding ‘‘and’’ at the (a) DEPARTMENT OF HOMELAND SECURITY diate relative spouse of a United States cit- end; IMMIGRATION REFORM IMPLEMENTATION AC- izen’’; (ii) by striking paragraph (2); COUNT.— (B) by amending subsection (c) to read as (iii) by redesignating paragraph (3) as para- (1) IN GENERAL.—There is established in the follows: graph (2); and Treasury a separate account, which shall be ‘‘(c) WORLDWIDE LEVEL OF FAMILY-SPON- (iv) in the undesignated matter after para- known as the ‘‘Department of Homeland Se- SORED IMMIGRANTS.—(1) The worldwide level graph (2), as redesignated, by striking ‘‘, re- curity Immigration Reform Implementation of family-sponsored immigrants under this spectively,’’ and all that follows and insert- Account’’ (referred to in this section as the subsection for a fiscal year is equal to 39 per- ing a period. ‘‘Implementation Account’’). cent of 226,000 minus the number computed (3) RULES FOR DETERMINING WHETHER CER- (2) AUTHORIZATION AND APPROPRIATIONS.— under paragraph (2). TAIN ALIENS ARE CHILDREN.—Section 203(h) of There are appropriated to the Implementa- ‘‘(2) The number computed under this para- the Immigration and Nationality Act (8 tion Account, out of any funds in the Treas- graph for a fiscal year is the number of U.S.C. 1153(h)) is amended by striking ury not otherwise appropriated, $400,000,000, aliens who were paroled into the United ‘‘(a)(2)(A)’’ each place such term appears and which shall remain available until Sep- States under section 212(d)(5) in the second inserting ‘‘(a)(2)’’. tember 30, 2022. preceding fiscal year who— (4) PROCEDURE FOR GRANTING IMMIGRANT (3) USE OF APPROPRIATIONS.—The Secretary ‘‘(A) did not depart from the United States STATUS.—Section 204 of such Act (8 U.S.C. is authorized to use funds appropriated to (without advance parole) within 1 year; and 1154) is amended—

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00108 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.018 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S1037 (A) in subsection (a)(1)— 101(a)(15)(W) unless the alien provides satis- demonstrates that the failure of the alien to (i) in subparagraph (A)(i), by striking ‘‘to factory proof that the United States citizen apply for an immigrant visa during the pe- classification by reason of a relationship de- son or daughter has arranged for health in- riod described in that subparagraph was due scribed in paragraph (1), (3), or (4) of section surance coverage for the alien, at no cost to to an extenuating circumstance beyond the 203(a) or’’; the alien, during the anticipated period of control of the alien.’’. (ii) in subparagraph (B), by striking the alien’s residence in the United States.’’. SEC. 4003. ELIMINATION OF DIVERSITY VISA PRO- ‘‘203(a)(2)(A)’’ each place such term appears (e) EFFECTIVE DATE; APPLICABILITY.— GRAM. (1) EFFECTIVE DATE.—The amendments and inserting ‘‘203(a)’’; and (a) IN GENERAL.—Section 203 of the Immi- (iii) in subparagraph (D)(i)(I), by striking made by this section shall take effect on the gration and Nationality Act (8 U.S.C. 1153) is date of enactment of this Act. ‘‘a petitioner’’ and all that follows through amended— (2) NEW PETITIONS.— ‘‘(a)(1)(B)(iii).’’ and inserting ‘‘an individual (1) by striking subsection (c); (A) IN GENERAL.—The Director of U. S. younger than 18 years of age for purposes of (2) by redesignating subsections (d), (e), (f), Citizenship and Immigration Services shall adjudicating such petition and for purposes (g), and (h) as subsections (c), (d), (e), (f), and only accept new family-based petitions for of admission as an immediate relative under (g), respectively; spouses and minor children of United States section 201(b)(2)(A)(i) or a family-sponsored (3) in subsection (c), as redesignated, by citizens and lawful permanent residents immigrant under section 203(a), as appro- striking ‘‘subsection (a), (b), or (c)’’ and in- under— priate, notwithstanding the actual age of the serting ‘‘subsection (a) or (b)’’; (i) section 201(b)(1)(A) of the Immigration individual.’’; (4) in subsection (d), as redesignated— (B) in subsection (f)(1), by striking ‘‘, and Nationality Act (8 U.S.C. 1151(b)(1)(A)); or (A) by striking paragraph (2); and 203(a)(1), or 203(a)(3), as appropriate’’; and (B) by redesignating paragraph (3) as para- (C) by striking subsection (k). (ii) subsection (a) or (b) of section 203 of such Act (8 U.S.C. 1153). graph (2); (5) WAIVERS OF INADMISSIBILITY.—Section (5) in subsection (e), as redesignated, by 212 of the Immigration and Nationality Act (B) LIMITATION.—The Director of U. S. Citi- zenship and Immigration Services may not striking ‘‘subsection (a), (b), or (c) of this (8 U.S.C. 1182) is amended— accept any new family-based petition other section’’ and inserting ‘‘subsection (a) or (A) in subsection (a)(6)(E)(ii), by striking than a petition described in subparagraph (b)’’; ‘‘section 203(a)(2)’’ and inserting ‘‘section (A). (6) in subsection (f), as redesignated, by 203(a)’’; and (3) GRANDFATHERED PETITIONS AND VISAS.— striking ‘‘subsections (a), (b), and (c)’’ and (B) in subsection (d)(11), by striking Notwithstanding the termination by this inserting ‘‘subsections (a) and (b)’’; and ‘‘(other than paragraph (4) thereof)’’. title of the family-sponsored immigrant visa (7) in subsection (g), as redesignated— (6) EMPLOYMENT OF V NONIMMIGRANTS.— categories under section 203(a) of the Immi- (A) by striking ‘‘(d)’’ each place it appears Section 214(q)(1)(B)(i) of such Act (8 U.S.C. gration and Nationality Act (8 U.S.C. 1153(a)) and inserting ‘‘(c)’’; and 1184(q)(1)(B)(i)) is amended by striking ‘‘sec- (as of the date before the date of enactment (B) in paragraph (2)(B), by striking ‘‘sub- tion 203(a)(2)(A)’’ each place such term ap- of this Act), the amendments made by this section (a), (b), or (c)’’ and inserting ‘‘sub- pears and inserting ‘‘section 203(a)’’. section shall not apply, and visas shall re- section (a) or (b)’’. (7) DEFINITION OF ALIEN SPOUSE.—Section main available to, any alien who has— (b) TECHNICAL AND CONFORMING AMEND- 216(h)(1)(C) of such Act (8 U.S.C. (A) an approved family-based petition that MENTS.—The Immigration and Nationality 1186a(h)(1)(C)) is amended by striking ‘‘sec- has not been terminated or revoked, or Act (8 U.S.C. 1101 et seq.) is amended— tion 203(a)(2)’’ and inserting ‘‘section 203(a)’’. (B) a properly-filed family-based petition (1) in section 101(a)(15)(V) (8 U.S.C. (8) CLASSES OF DEPORTABLE ALIENS.—Sec- that is— 1101(a)(15)(V)), by striking ‘‘section 203(d)’’ tion 237(a)(1)(E)(ii) of such Act (8 U.S.C. (i) pending with U.S. Citizenship and Immi- and inserting ‘‘section 203(c)’’; 1227(a)(1)(E)(ii)) is amended by striking ‘‘sec- gration Services; and (2) in section 201 (8 U.S.C. 1151)— tion 203(a)(2)’’ and inserting ‘‘section 203(a)’’. (ii) based on subsection (a) of section 203 of (A) in subsection (a)— (d) CREATION OF NONIMMIGRANT CLASSIFICA- the Immigration and Nationality Act (8 (i) in paragraph (1), by adding ‘‘and’’ at the TION FOR ALIEN PARENTS OF ADULT UNITED end; STATES CITIZENS.— U.S.C. 1153(a)) (as in effect on the day before the date of enactment of this Act). (ii) in paragraph (2), by striking ‘‘; and’’ (1) IN GENERAL.—Section 101(a)(15) of the and inserting a period; and Immigration and Nationality Act (8 U.S.C. (4) AVAILABILITY OF VISAS FOR GRAND- FATHERED PETITIONS.—The Secretary shall (iii) by striking paragraph (3); 1101(a)(15)) is amended— (B) by striking subsection (e); and (A) in subparagraph (T)(ii)(III), by striking continue to allocate a sufficient number of visas in family-sponsored immigrant visa (C) by redesignating subsection (f) as sub- the period at the end and inserting a semi- section (e); colon; categories until the date on which a visa has been made available, in conformance with (3) in section 203(b)(2)(B)(ii)(IV) (8 U.S.C. (B) in subparagraph (U)(iii), by striking 1153(b)(2)(B)(ii)(IV)), by striking ‘‘section ‘‘or’’ at the end; the numeric and per country limitations in effect on the day before the date of enact- 203(b)(2)(B)’’ each place such term appears (C) in subparagraph (V)(ii)(II), by striking and inserting ‘‘clause (i)’’; the period at the end and inserting ‘‘; or’’; ment of this Act, to each beneficiary of an approved or pending petition described in (4) in section 204 (8 U.S.C. 1154)— and (A) in subsection (a)(1)— (D) by adding at the end the following: subparagraph (A) or (B) of paragraph (3), if the beneficiary— (i) by striking subparagraph (I); and ‘‘(W) Subject to section 214(s), an alien who (ii) by redesignating subparagraphs (J) is a parent of a citizen of the United States, (A) indicates an intent to pursue the immi- grant visa not later than 1 year after the through (L) as subparagraphs (I) through (K), if the citizen is at least 21 years of age.’’. respectively; (2) CONDITIONS ON ADMISSION.—Section 214 date on which the Secretary of State notifies the beneficiary of the availability of the (B) in subsection (e), by striking ‘‘sub- of the Immigration and Nationality Act (8 section (a), (b), or (c) of section 203’’ and in- U.S.C. 1184) is amended by adding at the end visa; and (B) is otherwise qualified to receive a visa serting ‘‘subsection (a) or (b) of section 203’’; the following: and ‘‘(s)(1) The initial period of authorized ad- under this Act. (C) in subsection (l)(2)— mission for a nonimmigrant described in sec- (f) TERMINATION OF REGISTRATION.—Section (i) in subparagraph (B), by striking ‘‘sec- tion 101(a)(15)(W) shall be 5 years, but may be 203(g) of the Immigration and Nationality tion 203 (a) or (d)’’ and inserting ‘‘subsection extended by the Secretary of Homeland Se- Act (8 U.S.C. 1153(g)) is amended— (a) or (c) of section 203’’; and curity for additional 5-year periods if the (1) by striking the second sentence; (ii) in subparagraph (C), by striking ‘‘sec- United States citizen son or daughter of the (2) by striking the subsection designation tion 203(d)’’ and inserting ‘‘section 203(c)’’; nonimmigrant is still residing in the United and heading and all that follows through (5) in section 214(q)(1)(B)(i) (8 U.S.C. States. ‘‘For purposes’’ in the first sentence and in- ‘‘(2) A nonimmigrant described in section serting the following: 1184(q)(1)(B)(i)), by striking ‘‘section 203(d)’’ 101(a)(15)(W)— ‘‘(g) LISTS.— and inserting ‘‘section 203(c)’’; ‘‘(A) is not authorized to be employed in ‘‘(1) IN GENERAL.—For purposes’’; and (6) in section 216(h)(1) (8 U.S.C. 1186a(h)(1)), the United States; and (3) by adding at the end the following: in the undesignated matter following sub- ‘‘(B) is not eligible for any Federal, State, ‘‘(2) TERMINATION OF REGISTRATION.— paragraph (C), by striking ‘‘section 203(d)’’ or local public benefit. ‘‘(A) IN GENERAL.—Except as provided in and inserting ‘‘section 203(c)’’; and ‘‘(3) Regardless of the resources of a non- subparagraph (B), the Secretary of State (7) in section 245(i)(1)(B) (8 U.S.C. immigrant described in section 101(a)(15)(W), shall terminate the registration of any alien 1255(i)(1)(B)), by striking ‘‘section 203(d)’’ and the United States citizen son or daughter who fails to apply for an immigrant visa inserting ‘‘section 203(c)’’. who sponsored the nonimmigrant parent within the 1-year period beginning on the (c) EFFECTIVE DATE.—The amendments shall be responsible for the nonimmigrant’s date on which the Secretary of State notifies made by this section shall take effect on the support while the nonimmigrant resides in the alien of the availability of the immi- first day of the first fiscal year beginning on the United States. grant visa. or after the date of the enactment of this ‘‘(4) An alien is ineligible to receive a visa ‘‘(B) EXCEPTION.—The Secretary of State Act. or to be admitted into the United States as shall not terminate the registration of an (d) REALLOCATION OF VISAS; GRAND- a nonimmigrant described in section alien under subparagraph (A) if the alien FATHERED PETITIONS.—

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(1) GRANDFATHERED PETITIONS AND VISAS.— ‘‘(2) Of the photographs furnished pursuant shall not enter into an obligation that ex- Notwithstanding the elimination under this to paragraph (1)— ceeds the amount necessary to defray the section of the diversity visa program de- ‘‘(A) 1 shall be affixed to each certificate cost of the programs under this Act. scribed in sections 201(e) and 203(c) of the Im- issued by the Attorney General; and (3) NOTICE TO CONGRESS.—The Secretary migration and Nationality Act (8 U.S.C. ‘‘(B) 1 shall be affixed to the copy of such shall— 1151(e); 1153(c)) (as in effect on the day before certificate retained by the Department.’’; (A) immediately advise Congress of the ex- the date of enactment of this Act), the and ercise of authority granted in paragraph (2); amendments made by this section shall not (2) by adding at the end the following: and apply, and visas shall remain available, to ‘‘(c) The Secretary may modify the tech- (B) shall report quarterly on the estimated any alien whom the Secretary of State has nical requirements under this section in the obligations incurred pursuant to that para- selected to participate in the diversity visa Secretary’s discretion and as the Secretary graph. lottery for fiscal year 2018. may consider necessary to provide for photo- (4) APPOINTMENTS.— (2) REALLOCATION OF VISAS.— graphs to be furnished and used in a manner (A) IN GENERAL.—Notwithstanding any (A) REALLOCATION.— that is efficient, secure, and consistent with other provision of law, the Secretary shall (i) IN GENERAL.—Beginning in fiscal year the latest developments in technology.’’. have authority to make term, temporary 2019 and ending on the date on which the SEC. 5002. EXEMPTION FROM THE ADMINISTRA- limited, and part-time appointments without number of visas allocated for aliens who TIVE PROCEDURE ACT. regard to— qualify for visas under the Nicaraguan Ad- Except for regulations promulgated pursu- (i) the number of such employees; justment and Central American Relief Act ant to this Act, section 552 of title 5, United (ii) the ratio of such employees to perma- (Public Law 105–100; 8 U.S.C. 1153 note) is ex- States Code (commonly known as the ‘‘Free- nent full-time employees; or hausted, the Secretary of Homeland Security dom of Information Act’’ (5 U.S.C. 522)), and (iii) the duration of employment of such shall make available the annual allocation section 552a of such title (commonly known employees. of diversity visas as follows: as the ‘‘Privacy Act’’ (5 U.S.C. 552a)), chapter (B) RULE OF CONSTRUCTION.—Chapter 71 of (I) 25,000 visas shall be made available to 5 of title 5, United States Code (commonly title 5, United States Code, shall not affect aliens who have an approved family-based known as the ‘‘Administrative Procedures the authority of any management official of petition based on section 203(a) of the Immi- Act’’), and any other law relating to rule- the Department to hire term, temporary lim- gration and Nationality Act (8 U.S.C. 1153(a)) making, information collection, or publica- ited, or part-time employees under this para- that has not been terminated or revoked as tion in the Federal Register, shall not apply graph. of the date of enactment of this Act. to any action to implement this Act or the SEC. 5005. ABILITY TO FILL AND RETAIN DEPART- (II) 25,000 visas shall be made available to amendments made by this Act, to the extent MENT OF HOMELAND SECURITY PO- qualified aliens who have an approved em- the Secretary of Homeland Security, the SITIONS IN UNITED STATES TERRI- ployment-based petition based on paragraphs Secretary of State, or the Attorney General TORIES. (1), (2), or (3) of section 203(b) of the Immi- determines that compliance with any such (a) IN GENERAL.—Section 530C of title 28, gration and Nationality Act (8 U.S.C. 1153) law would impede the expeditious implemen- United States Code, is amended— that has not been terminated or revoked as tation of this Act or the amendments made (1) in subsection (a), in the matter pre- of the date of enactment of this Act. by this Act. ceding paragraph (1)— (ii) NACARA VISAS.—On the exhaustion of SEC. 5003. EXEMPTION FROM THE PAPERWORK (A) by inserting ‘‘or the Department of 5,000 visas made available under the Nica- REDUCTION ACT. Homeland Security’’ after ‘‘Department of raguan Adjustment and Central American (1) IN GENERAL.—Chapter 35 of title 44, Justice’’; and Relief Act (Public Law 105–100; 8 U.S.C. 1153 United States Code, shall not apply to any (B) by inserting ‘‘or the Secretary of note), the remainder of the visas made avail- action to implement this Act or the amend- Homeland Security’’ after ‘‘Attorney Gen- able under that Act shall be equally divided ments made by this Act to the extent the eral’’; and added to the visas provided under sub- Secretary of Homeland Security, the Sec- (2) in subsection (b)— clauses (I) and (II) of clause (i). retary of State, or the Attorney General de- (A) in paragraph (1)— (B) NOTIFICATION.— termines that compliance with such law (i) in the matter preceding subparagraph (i) FEDERAL REGISTER.—The Secretary of would impede the expeditious implementa- (A), by inserting ‘‘or to the Secretary of Homeland Security, in consultation with the tion of this Act or the amendments made by Homeland Security’’ after ‘‘Attorney Gen- Secretary of State, shall publish a notice in this Act. eral’’; and the Federal Register to notify affected aliens (2) SUNSET.— (ii) in subparagraph (K)— with respect to— (A) IN GENERAL.—The exemption provided (I) in clause (i)— (I) the availability of visas under subpara- under this section shall sunset not later than (aa) by inserting ‘‘or within United States graph (A); 3 years after the date of enactment of this territories or commonwealths’’ after ‘‘out- (II) the manner in which the visas shall be Act. side United States’’; and allocated. (B) RULE OF CONSTRUCTION.—Subparagraph (bb) by inserting ‘‘or the Secretary of (ii) VISA BULLETIN.—The Secretary of State (A) does not impose any requirement on, or Homeland Security’’ after ‘‘Attorney Gen- shall publish a notice in the monthly visa affect the validity of, any rule issued or eral’’; bulletin of the Department of State with re- other action taken by the Secretary under (II) in clause (ii), by inserting ‘‘or the Sec- spect to— the exemption described in paragraph (1). retary of Homeland Security’’ after ‘‘Attor- (I) the availability of visas under subpara- SEC. 5004. EXEMPTION FROM GOVERNMENT CON- ney General’’; graph (A); TRACTING AND HIRING RULES. (B) in paragraph (2)— (II) the manner in which the visas shall be (1) COMPETITION REQUIREMENTS.— (i) in subparagraph (A), by striking ‘‘for allocated. (A) IN GENERAL.—For purposes of imple- the Drug Enforcement Administration, and menting this Act, the competition require- for the Immigration and Naturalization TITLE V—OTHER MATTERS ments of section 253(a) of title 41, United Service’’ and inserting ‘‘and for the Drug En- SEC. 5001. OTHER IMMIGRATION AND NATION- States Code, shall not apply. forcement Administration’’; and ALITY ACT AMENDMENTS. (B) AGENCY DETERMINATION.—The deter- (ii) in subparagraph (B), in the matter pre- (a) NOTICE OF ADDRESS CHANGE.—Section mination of an agency under section 253(c) of ceding clause (i), by striking ‘‘the Immigra- 265(a) of the Immigration and Nationality title 41, United States Code, shall not be sub- tion and Naturalization Service’’ and insert- Act (8 U.S.C. 1305(a)) is amended to read as ject to challenge by to— ing ‘‘the Department of Homeland Security’’; follows: ‘‘(a) Each alien required to be registered (i) the Government Accountability Office, (C) in paragraph (5), by striking ‘‘IMMIGRA- under this Act who is physically present in under sections 3551 through 3556 of title 31, TION AND NATURALIZATION SERVICE.—Funds the United States shall notify the Secretary United States Code; or available to the Attorney General’’ and re- of Homeland Security of each change of ad- (ii) the Court of Federal Claims, under sec- placing with ‘‘DEPARTMENT OF HOMELAND SE- dress and new address not later than 10 days tion 1491 of title 28, United States Code. CURITY.—Funds available to the Secretary of after the date of such change and shall fur- (C) NOTICE TO CONGRESS.—An agency shall Homeland Security’’; and nish such notice in the manner prescribed by immediately advise the Congress of the exer- (D) in paragraph (7)— the Secretary.’’. cise of the authority granted under this (i) by inserting ‘‘or the Secretary of Home- (b) PHOTOGRAPHS FOR NATURALIZATION CER- paragraph. land Security’’ after ‘‘Attorney General’’; TIFICATES.—Section 333 of the Immigration (2) CONTRACTING.— and and Nationality Act (8 U.S.C. 1444) is amend- (A) IN GENERAL.—Notwithstanding any (ii) by striking ‘‘the Immigration and Nat- ed— other provision of law, the Secretary, in ad- uralization Service’’ and inserting ‘‘U.S. Im- (1) in subsection (b)— vance of the receipt of any fees imposed on migration and Customs Enforcement’’; and (A) by redesignating paragraphs (1) any beneficiary or petitioner for benefits (3) in subsection (d), by inserting ‘‘or the through (7) as subparagraphs (A) through under this Act, may enter into 1 or more Department of Homeland Security’’ after (G); contracts for the purpose of implementing ‘‘Department of Justice’’. (B) by inserting ‘‘(1)’’ after ‘‘(b)’’; and the programs under this Act. SEC. 5006. SEVERABILITY. (C) by striking the undesignated matter at (B) LIMITATION.—With respect to a con- If any provision of this Act or any amend- the end and inserting the following: tract under subparagraph (A), the Secretary ment made by this Act, or any application of

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such provision or amendment to any person (6) MANAGERIAL CAPACITY; EXECUTIVE CA- (vii) in paragraph (8), by striking ‘‘Attor- or circumstance, is held to be unconstitu- PACITY.—Section 101(a)(44)(C) (8 U.S.C. ney General’’ and inserting ‘‘Secretary’’; tional, the remainder of the provisions of 1101(a)(44)(C)) is amended by striking ‘‘Attor- (viii) in paragraph (10), by striking ‘‘Attor- this Act and the amendments made by this ney General’’ and inserting ‘‘Secretary’’. ney General’’ each place that term appears Act and the application of the provision or (7) ORDER OF REMOVAL.—Section and inserting ‘‘Secretary’’; and amendment to any other person or cir- 101(a)(47)(A) (8 U.S.C. 1101(a)(47)(A)) is (ix) in paragraph (11), by striking ‘‘Attor- cumstance shall not be affected. amended to read as follows: ney General,’’ and inserting ‘‘Secretary,’’; SEC. 5007. FUNDING. ‘‘(A) The term ‘order of removal’ means (B) by amending subsection (c) to read as (a) IMPLEMENTATION.—The Director of the the order of the immigration judge, or other follows: Office of Management and Budget shall de- such administrative officer to whom the At- ‘‘(c) SECRETARY; APPOINTMENT.—The Sec- termine and identify— torney General or the Secretary has dele- retary shall be a citizen of the United States (1) the appropriation accounts which have gated the responsibility for determining and shall be appointed by the President, by unobligated funds that could be rescinded whether an alien is removable, concluding and with the advice and consent of the Sen- and used to fund the provisions of this Act; that the alien is removable or ordering re- ate. The Secretary shall be charged with any and moval.’’. and all responsibilities and authority in the (2) the amount of the rescission that shall (8) TITLE I AND II DEFINITIONS.—Section administration of the Department and of be applied to each such account. 101(b) (8 U.S.C. 1101(b)) is amended— this Act. The Secretary may enter into coop- (b) REPORT.—Not later than 60 days after (A) in paragraph (1)(F)(i), by striking ‘‘At- erative agreements with State and local law the date of enactment of this Act, the Direc- torney General’’ and inserting ‘‘Secretary’’; enforcement agencies for the purpose of as- tor of the Office of Management and Budget and sisting in the enforcement of the immigra- shall submit to Congress and to the Sec- (B) in paragraph (4), by striking ‘‘Immigra- tion laws.’’; retary of the Treasury a report that de- tion and Naturalization Service.’’ and insert- (C) in subsection (e)— scribes the accounts and amounts deter- ing ‘‘Department.’’. (i) in paragraph (1), by striking ‘‘Commis- (b) SECTION 103.— mined and identified for rescission pursuant sioner’’ and inserting ‘‘Secretary’’; and (1) IN GENERAL.—Section 103 (8 U.S.C. 1103) to subsection (a). (ii) in paragraph (2), by striking ‘‘Service’’ is amended by striking the section heading (c) EXCEPTIONS.—This section shall not and inserting ‘‘U.S. Citizenship and Immi- and subsection (a)(1) and inserting the fol- apply to unobligated funds of— gration Services’’; lowing: (1) the Department of Homeland Security; (D) in subsection (f)— (2) the Department of Defense; or ‘‘SEC. 103. POWERS AND DUTIES. (i) by striking ‘‘Attorney General’’ and in- (3) the Department of Veterans Affairs. ‘‘(a)(1) The Secretary shall be charged with serting ‘‘Secretary’’; the administration and enforcement of this TITLE VI—TECHNICAL AMENDMENTS (ii) by striking ‘‘Immigration and Natu- Act and all other laws relating to the immi- ralization Service’’ and inserting ‘‘Depart- SEC. 6001. REFERENCES TO THE IMMIGRATION gration and naturalization of aliens, except ment’’; and AND NATIONALITY ACT. insofar as this Act or such laws relate to the (iii) by striking ‘‘Service,’’ and inserting Except as otherwise expressly provided, powers, functions, and duties conferred upon ‘‘Department,’’; and whenever in this title an amendment or re- the President, the Attorney General, the (E) in subsection (g)(1), by striking ‘‘Immi- peal is expressed in terms of an amendment Secretary of Labor, the Secretary of Agri- to, or repeal of, a section or other provision, culture, the Secretary of Health and Human gration Reform, Accountability and Security the reference shall be considered to be made Services, the Commissioner of Social Secu- Enhancement Act of 2002’’ and inserting to a section or other provision of the Immi- rity, the Secretary of State, the officers of ‘‘Homeland Security Act of 2002 (Public Law gration and Nationality Act (8 U.S.C. 1101 et the Department of State, or diplomatic or 107–296; 116 Stat. 2135)’’. seq.). consular officers. A determination and ruling (3) CLERICAL AMENDMENT.—The table of by the Attorney General with respect to all contents in the first section is amended by SEC. 6002. TECHNICAL AMENDMENTS TO TITLE I striking the item relating to section 103 and OF THE IMMIGRATION AND NATION- questions of law shall be controlling.’’. ALITY ACT. (2) TECHNICAL AND CONFORMING CORREC- inserting the following: (a) SECTION 101.— TIONS.—Section 103 (8 U.S.C. 1103), as amend- ‘‘Sec. 103. Powers and duties.’’. (1) DEPARTMENT.—Section 101(a)(8) (8 ed by paragraph (1), is further amended— (c) SECTION 105.—Section 105(a) is amended U.S.C. 1101(a)(8)) is amended to read as fol- (A) in subsection (a)— (8 U.S.C. 1105(a)) by striking ‘‘Commis- lows: (i) in paragraph (2), by striking ‘‘He’’ and sioner’’ each place that term appears and in- ‘‘(8) The term ‘Department’ means the De- inserting ‘‘The Secretary’’; serting ‘‘Secretary’’. partment of Homeland Security.’’. (ii) in paragraph (3)— SEC. 6003. TECHNICAL AMENDMENTS TO TITLE II (2) IMMIGRANT.—Section 101(a)(15) (8 U.S.C. (I) by striking ‘‘He’’ and inserting ‘‘The OF THE IMMIGRATION AND NATION- 1101(a)(15)) is amended— Secretary’’; ALITY ACT. (A) in subparagraph (F)(i)— (II) by striking ‘‘he’’ and inserting ‘‘the (a) SECTION 202.—Section 202(a)(1)(B) (8 (i) by striking the term ‘‘Attorney Gen- Secretary’’; and U.S.C. 1152(a)(1)(B)) is amended by inserting eral’’ each place that term appears and in- (III) by striking ‘‘his authority’’ and in- ‘‘the Secretary or’’ after ‘‘the authority of’’. serting ‘‘Secretary’’; and serting ‘‘the authority of the Secretary’’; (b) SECTION 203.—Section 203 (8 U.S.C. 1153) (ii) by striking ‘‘214(l)’’ and inserting (iii) in paragraph (4)— is amended— ‘‘214(m)’’; (I) by striking ‘‘He’’ and inserting ‘‘The (1) in subsection (b)(2)(B)(ii)— (B) in subparagraph (H)(i)— Secretary’’; and (A) in subclause (II)— (i) in subclause (b), by striking ‘‘certifies (II) by striking ‘‘Service or the Depart- (i) by inserting ‘‘the Secretary or’’ before to the Attorney General that the intending ment of Justice’’ and insert the ‘‘Depart- ‘‘the Attorney General’’; and employer has filed with the Secretary’’ and ment’’; (ii) by moving such subclause 4 ems to the inserting ‘‘certifies to the Secretary of (iv) in paragraph (5)— left; and Homeland Security that the intending em- (I) by striking ‘‘He’’ and inserting ‘‘The (B) by moving subclauses (III) and (IV) 4 ployer has filed with the Secretary of Secretary’’; ems to the left; and Labor’’; and (II) by striking ‘‘his discretion,’’ and in- (2) in subsection (f) (as redesignated by sec- (ii) in subclause (c), by striking ‘‘certifies serting ‘‘the discretion of the Secretary,’’ tion 4003(a)(2))— to the Attorney General’’ and inserting ‘‘cer- and (A) by striking ‘‘Secretary’s’’ and inserting tifies to the Secretary of Homeland Secu- (III) by striking ‘‘him’’ and inserting ‘‘the ‘‘Secretary of State’s’’; and rity’’; and Secretary’’; (B) by inserting ‘‘of State’’ after ‘‘but the (C) in subparagraph (M)(i), by striking the (v) in paragraph (6)— Secretary’’. term ‘‘Attorney General’’ each place that (I) by striking ‘‘He’’ and inserting ‘‘The (c) SECTION 204.—Section 204 (8 U.S.C. 1154) term appears and inserting ‘‘Secretary’’. Secretary’’; is amended— (3) IMMIGRATION OFFICER.—Section (II) by striking ‘‘Department’’ and insert- (1) in subsection (a)(1)(G)(ii), by inserting 101(a)(18) (8 U.S.C. 1101(a)(18)) is amended by ing ‘‘agency, department,’’; and ‘‘of State’’ after ‘‘by the Secretary’’; striking ‘‘Service or of the United States (III) by striking ‘‘Service.’’ and inserting (2) in subsection (c), by inserting ‘‘the Sec- designated by the Attorney General,’’ and in- ‘‘Department or upon consular officers with retary or’’ before ‘‘the Attorney General’’ serting ‘‘Department or of the United States respect to the granting or refusal of visas’’; each place that term appears; and designated by the Secretary,’’. (vi) in paragraph (7)— (3) in subsection (e), by inserting ‘‘to’’ (4) SECRETARY.—Section 101(a)(34) (8 U.S.C. (I) by striking ‘‘He’’ and inserting ‘‘The after ‘‘admitted’’. 1101(a)(34)) is amended to read as follows: Secretary’’; (d) SECTION 208.—Section 208 (8 U.S.C. 1158) ‘‘(34) The term ‘Secretary’ means the Sec- (II) by striking ‘‘countries;’’ and inserting is amended— retary of Homeland Security, except as pro- ‘‘countries’’; (1) in subsection (a)(2)— vided in section 219(d)(4).’’. (III) by striking ‘‘he’’ and inserting ‘‘the (A) by inserting ‘‘the Secretary or’’ before (5) SPECIAL IMMIGRANT.—Section Secretary’’; and ‘‘Attorney General’’ in subparagraph (A); 101(a)(27)(L)(iii) (8 U.S.C. 1101(a)(27)(L)(iii)) is (IV) by striking ‘‘his judgment’’ and insert- (B) by inserting ‘‘the Secretary or’’ before amended by adding ‘‘; or’’ at the end. ing ‘‘the judgment of the Secretary’’; ‘‘Attorney General’’ in subparagraph (D);

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00111 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.018 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S1040 CONGRESSIONAL RECORD — SENATE February 14, 2018 (2) in subsection (b)(2)— (3) in subsection (e), by striking the first ‘‘the Secretary of Homeland Security, the (A) in subparagraph (B)(ii), by inserting proviso and inserting the following: ‘‘Pro- Secretary of the Treasury,’’. ‘‘the Secretary or’’ before ‘‘Attorney Gen- vided, That upon the favorable recommenda- (l) SECTION 222.—Section 222 (8 U.S.C. eral’’; tion of the Director, pursuant to the request 1202)— (B) in subparagraph (C), by inserting ‘‘the of an interested United States Government (1) by inserting ‘‘or the Secretary’’ after Secretary or’’ before ‘‘Attorney General’’; agency (or, in the case of an alien described ‘‘Secretary of State’’ each place that term and in clause (iii), pursuant to the request of a appears; and (C) in subparagraph (D), by inserting ‘‘the State Department of Public Health, or its (2) in subsection (f)— Secretary or’’ before ‘‘Attorney General’’. equivalent), or of the Secretary after the (A) in the matter preceding paragraph (1), (3) in subsection (c)— Secretary has determined that departure by inserting ‘‘, the Department,’’ after ‘‘De- (A) in paragraph (1), by striking ‘‘the At- from the United States would impose excep- partment of State’’; and torney General’’ and inserting ‘‘the Sec- tional hardship upon the alien’s spouse or (B) in paragraph (2), by striking ‘‘Sec- retary’’; child (if such spouse or child is a citizen of retary’s’’ and inserting ‘‘their’’. (B) in paragraphs (2) and (3), by inserting the United States or a lawfully resident (m) SECTION 231.—Section 231 (8 U.S.C. 1221) ‘‘the Secretary or’’ before ‘‘Attorney Gen- alien), or that the alien cannot return to the is amended— eral’’ each place that term appears; and country of his or her nationality or last resi- (1) in subsection (c)(10), by striking ‘‘Attor- (4) in subsection (d)— dence because the alien would be subject to ney General,’’ and inserting ‘‘Secretary,’’; (A) in paragraph (1), by inserting ‘‘the Sec- persecution on account of race, religion, or (2) in subsection (f), by striking ‘‘Attorney retary or’’ before ‘‘the Attorney General’’, political opinion, the Secretary may waive General’’ each place that term appears and (B) in paragraph (2), by striking ‘‘Attorney the requirement of such two-year foreign inserting ‘‘Secretary’’; General’’ and inserting ‘‘Secretary’’; residence abroad in the case of any alien (3) in subsection (g)— (C) in paragraph (3)— whose admission to the United States is (A) by striking ‘‘Attorney General’’ each (i) by striking ‘‘Attorney General’’ each found by the Secretary to be in the public in- places that term appears and inserting ‘‘Sec- place that term appears and inserting ‘‘Sec- terest except that in the case of a waiver re- retary’’; retary’’; and quested by a State Department of Public (B) by striking ‘‘Commissioner’’ each place (ii) by striking ‘‘Attorney General’s’’ and Health, or its equivalent, or in the case of a that term appears and inserting ‘‘Sec- inserting ‘‘Secretary’s’’; and waiver requested by an interested United retary’’; and (D) in paragraphs (4) through (6), by insert- States Government agency on behalf of an (4) in subsection (h), by striking ‘‘Attorney ing ‘‘the Secretary or’’ before ‘‘the Attorney alien described in clause (iii), the waiver General’’ each place that term appears and General’’; and shall be subject to the requirements under inserting ‘‘Secretary’’. (n) SECTION 236.—Section 236(e) (8 U.S.C. (e) SECTION 209.—Section 209(a)(1)(A) (8 section 214(l):’’; U.S.C. 1159(a)(1)(A)) is amended by striking (4) in subsections (g), (h), (i), and (k), by in- 1226(e)) is amended— ‘‘Secretary of Homeland Security or the At- serting ‘‘or the Secretary’’ after ‘‘Attorney (1) by striking ‘‘review.’’ and inserting ‘‘re- torney General’’ each place that term ap- General’’ each place that term appears; view, other than administrative review by pears and inserting ‘‘Secretary’’. (5) in subsection (m)(2)(E)(iv), by inserting the Attorney General pursuant to the au- thority granted under section 103(g).’’; and (f) SECTION 212.—Section 212 (8 U.S.C. 1182) ‘‘of Labor’’ after ‘‘Secretary’’ the second and (2) by inserting ‘‘the Secretary or’’ before is amended— third place that term appears; (6) in subsection (n), by inserting ‘‘of ‘‘the Attorney General under’’. (1) in subsection (a)— (o) SECTION 236A.—Section 236A(a)(4) (8 (A) in paragraph (2), in subparagraphs (C), Labor’’ after ‘‘Secretary’’ each place that term appears, except that this amendment U.S.C. 1226a(a)(4)) is amended by striking (H)(ii), and (I), by inserting ‘‘, the Sec- ‘‘Deputy Attorney General’’ both places that retary,’’ before ‘‘or the Attorney General’’ shall not apply to references to the ‘‘Sec- retary of Labor’’; and term appears and inserting ‘‘Deputy Sec- each place that term appears; retary of Homeland Security’’. (B) in paragraph (3)— (7) in subsection (s), by inserting ‘‘, the Secretary,’’ before ‘‘or the Attorney Gen- (p) SECTION 237.—Section 237(a) (8 U.S.C. (i) in subparagraph (B)(ii)(II), by inserting 1227(a)) is amended— ‘‘, the Secretary,’’ before ‘‘or the Attorney eral’’. (g) SECTION 213A.—Section 213A (8 U.S.C. (1) in the matter preceding paragraph (1), General’’ each place that term appears; and 1183a) is amended— by inserting ‘‘following the initiation by the (ii) in subparagraph (D), by inserting ‘‘the (1) in subsection (a)(1), in the matter pre- Secretary of removal proceedings’’ after Secretary or’’ before ‘‘the Attorney General’’ ceding paragraph (1), by inserting ‘‘, the Sec- ‘‘upon the order of the Attorney General’’; each place that term appears; retary,’’ after ‘‘the Attorney General’’; and and (C) in paragraph (4)— (2) in subsection (f)(6)(B), by inserting ‘‘the (2) in paragraph (2)(E), in the subparagraph (i) in subparagraph (A), by inserting ‘‘the Secretary,’’ after ‘‘The Secretary of State,’’. heading, by striking ‘‘, CRIMES AGAINST CHIL- Secretary or’’ before ‘‘the Attorney Gen- (h) SECTION 214.—Section 214(c)(9)(A) (8 DREN AND’’ and inserting ‘‘; CRIMES AGAINST eral’’; and U.S.C. 1184(c)(9)(A) is amended, in the matter CHILDREN’’. (ii) in subparagraph (B), by inserting ‘‘, the preceding clause (i), by striking ‘‘before’’. (q) SECTION 238.—Section 238 (8 U.S.C. 1228) Secretary,’’ before ‘‘or the Attorney Gen- (i) SECTION 217.—Section 217 (8 U.S.C. 1187) is amended— eral’’ each place that term appears; is amended— (1) in subsection (a)— (D) in paragraph (5)(C), by striking ‘‘or, in (1) in subsection (e)(3)(A), by inserting a (A) in paragraph (2), by striking ‘‘Attorney the case of an adjustment of status, the At- comma after ‘‘Regulations’’; General’’ each place that term appears and torney General, a certificate from the Com- (2) in subsection (f)(2)(A), by striking ‘‘sec- inserting ‘‘Secretary’’; and mission on Graduates of Foreign Nursing tion (c)(2)(C),’’ and inserting ‘‘subsection (B) in paragraphs (3) and (4)(A), by insert- Schools, or a certificate from an equivalent (c)(2)(C),’’; and ing ‘‘and the Secretary’’ after ‘‘Attorney independent credentialing organization ap- (3) in subsection (h)(3)(A), by striking ‘‘the General’’ each place that term appears; and proved by the Attorney General’’ and insert- alien’’ and inserting ‘‘an alien’’. (2) in subsection (e) (as redesignated by ing ‘‘or, in the case of an adjustment of sta- (j) SECTION 218.—Section 218 (8 U.S.C. 1188) section 1703(a)(4))— tus, the Secretary or the Attorney General, is amended— (A) by striking ‘‘Commissioner’’ each place a certificate from the Commission on Grad- (1) by inserting ‘‘of Labor’’ after ‘‘Sec- that term appears and inserting ‘‘Sec- uates of Foreign Nursing Schools, or a cer- retary’’ each place that term appears, except retary’’; tificate from an equivalent independent that this amendment shall not apply to ref- (B) by striking ‘‘Attorney General’’ each credentialing organization approved by the erences to the ‘‘Secretary of Labor’’ or to place that term appears and inserting ‘‘Sec- Secretary’’; the ‘‘Secretary of Agriculture’’; retary’’; and (E) in paragraph (9)— (2) in subsection (c)(3)(B)(iii), by striking (C) in subparagraph (D)(iv), by striking (i) in subparagraph (B)(v)— ‘‘Secretary’s’’ and inserting ‘‘Secretary of ‘‘Attorney General’’ and inserting ‘‘United (I) by inserting ‘‘or the Secretary’’ after Labor’s’’; and States Attorney’’. ‘‘Attorney General’’ each place that term ap- (3) in subsection (g)(4), by striking ‘‘Sec- (r) SECTION 239.—Section 239(a)(1) (8 U.S.C. pears; and retary’s’’ and inserting ‘‘Secretary of Agri- 1229(a)(1)) is amended by inserting ‘‘and the (II) by striking ‘‘has sole discretion’’ and culture’s’’. Secretary’’ after ‘‘Attorney General’’ each inserting ‘‘have discretion’’; and (k) SECTION 219.—Section 219 (8 U.S.C. 1189) place that term appears. (ii) in subparagraph (C)(iii), by inserting is amended— (s) SECTION 240.—Section 240 (8 U.S.C. ‘‘or the Attorney General’’ after ‘‘Secretary (1) in subsection (a)(1)(B)— 1229a) is amended— of Homeland Security’’; and (A) by inserting a close parenthesis after (1) in subsection (b)— (F) in paragraph (10)(C), in clauses (ii)(III) ‘‘section 212(a)(3)(B)’’; and (A) in paragraph (1), by inserting ‘‘, with and (iii)(II), by striking ‘‘Secretary’s’’ and (B) by striking the close parenthesis before the concurrence of the Secretary with re- inserting ‘‘Secretary of State’s’’; the semicolon; spect to employees of the Department’’ after (2) in subsection (d), in paragraphs (11) and (2) in subsection (c)(3)(D), by striking ‘‘Attorney General’’; and (12), by inserting ‘‘or the Secretary’’ after ‘‘(2),’’ and inserting ‘‘(2);’’; and (B) in paragraph (5)(A), by inserting ‘‘the ‘‘Attorney General’’ each place that term ap- (3) in subsection (d)(4), by striking ‘‘the Secretary or’’ before ‘‘the Attorney Gen- pears; Secretary of the Treasury’’ and inserting eral’’; and

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(2) in subsection (c)— (dd) SECTION 255.—Section 255 (8 U.S.C. (2) in subsection (f)(1), by striking ‘‘Intel- (A) in paragraph (2), by inserting ‘‘, the 1285) is amended by striking ‘‘Commissioner’’ ligence, the Attorney General and the Com- Secretary of State, or the Secretary’’ before each place that term appears and inserting missioner of Immigration’’ and inserting ‘‘to be confidential’’; and ‘‘Secretary’’. ‘‘Intelligence and the Secretary’’. (B) in paragraph (7)(C)(iv)(I), by striking (ee) SECTION 256.—Section 256 (8 U.S.C. (b) SECTION 322.—Section 322(a)(1) (8 U.S.C. ‘‘240A(b)(2)’’ and inserting ‘‘section 1286) is amended— 1433(a)(1)) is amended— 240A(b)(2)’’. (1) by striking ‘‘Commissioner’’ each place (1) by inserting ‘‘is’’ before ‘‘(or,’’; and (t) SECTION 240A.—Section 240A(b) (8 U.S.C. that term appears and inserting ‘‘Sec- (2) by striking ‘‘is’’ before ‘‘a citizen’’. 1229b(b)) is amended— retary’’; (c) SECTION 342.— (1) in paragraph (3), by striking ‘‘Attorney (2) in the first and second sentences, by (1) SECTION HEADING.— General shall’’ and inserting ‘‘Secretary striking ‘‘Attorney General’’ each place that (A) IN GENERAL.—Section 342 (8 U.S.C. 1453) shall’’; and term appears and inserting ‘‘Secretary’’. is amended by striking the section heading (2) in paragraph (4)(A), by striking ‘‘Attor- (ff) SECTION 258.—Section 258 (8 U.S.C. 1288) and inserting ‘‘CANCELLATION OF CERTIFI- ney General’’ and inserting ‘‘Secretary’’. is amended— CATES; ACTION NOT TO AFFECT CITIZENSHIP STA- (u) SECTION 240B.—Section 240B(a) (8 U.S.C. (1) by inserting ‘‘of Labor’’ after ‘‘Sec- TUS’’. 1229c(a)) is amended in paragraphs (1) and (3), retary’’ each place that term appears (except (B) CLERICAL AMENDMENT.—The table of by inserting ‘‘or the Secretary’’ after ‘‘At- for in subsection (e)(2)), except that this contents in the first section is amended by torney General’’ each place that term ap- amendment shall not apply to references to striking the item relating to section 342 and pears. the ‘‘Secretary of Labor’’, ‘‘the Secretary of inserting the following: (v) SECTION 241.—Section 241 (8 U.S.C. 1231) State’’; ‘‘Sec. 342. Cancellation of certificates; ac- is amended— (2) in subsection (d)(2)(A), by striking ‘‘at’’ tion not to affect citizenship (1) in subsection (a)(4)(B)(i), by inserting a after ‘‘while’’; and status.’’. close parenthesis after ‘‘(L)’’; (3) in subsection (e)(2), by striking ‘‘the (2) IN GENERAL.—Section 342 (8 U.S.C. 1453) (2) in subsection (g)(2)— Secretary shall’’ and inserting ‘‘the Sec- is amended— (A) by striking the paragraph heading and retary of State shall’’. (A) by striking ‘‘heretofore issued or made inserting ‘‘DETENTION FACILITIES OF THE DE- (gg) SECTION 264.—Section 264(f) (8 U.S.C. by the Commissioner or a Deputy Commis- PARTMENT OF HOMELAND SECURITY.—’’; and 1304(f)) is amended by striking ‘‘Attorney sioner or hereafter made by the Attorney (B) by striking ‘‘Service, the Commis- General is’’ and inserting ‘‘Attorney General General’’; and sioner’’ and inserting ‘‘Department, the Sec- and the Secretary are’’. (B) by striking ‘‘practiced upon, him or the retary’’. (hh) SECTION 272.—Section 272 (8 U.S.C. Commissioner or a Deputy Commissioner;’’. (w) SECTION 242.—Section 242(g) (8 U.S.C. 1322) is amended by striking ‘‘Commissioner’’ 1252(g)) is amended by inserting ‘‘the Sec- each place that term appears and inserting SEC. 6005. TECHNICAL AMENDMENT TO TITLE IV OF THE IMMIGRATION AND NATION- retary or’’ before ‘‘the Attorney General’’. ‘‘Secretary’’. ALITY ACT. (x) SECTION 243.—Section 243 (8 U.S.C. 1253) (ii) SECTION 273.—Section 273 (8 U.S.C. 1323) Section 412(a)(2)(C)(i) (8 U.S.C. (as amended by section 1720) is amended in is amended— 1522(a)(2)(C)(i)) is amended by striking ‘‘in- subsection (b)(1)— (1) by striking ‘‘Commissioner’’ each place sure’’ and inserting ‘‘ensure’’. (1) by striking ‘‘Attorney General’’ each that term appears and inserting ‘‘Sec- place that term appears and inserting ‘‘Sec- retary’’; and SEC. 6006. TECHNICAL AMENDMENTS TO TITLE V OF THE IMMIGRATION AND NATION- retary’’; and (2) by striking ‘‘Attorney General’’ each ALITY ACT. (2) by striking ‘‘Commissioner’’ each place place that term appears (except in sub- (a) SECTION 504.—Section 504 (8 U.S.C. 1534) that term appears and inserting ‘‘Sec- section (e), in the matter preceding para- is amended— retary’’. graph (1)) and inserting ‘‘Secretary’’. (1) in subsection (a)(1)(A), by striking ‘‘a’’ (y) SECTION 244.—Section 244 (8 U.S.C. (jj) SECTION 274.—Section 274(b)(2) (8 U.S.C. before ‘‘removal proceedings’’; 1254a) is amended— 1324(b)(2)) is amended by striking ‘‘Secretary (2) in subsection (i), by striking ‘‘Attorney (1) in subsection (c)(2), by inserting ‘‘or the of the Treasury’’ and inserting ‘‘Secretary’’. General’’ inserting ‘‘Government’’; and Secretary’’ after ‘‘Attorney General’’ each (kk) SECTION 274B.—Section 274B(f)(2) (8 (3) in subsection (k)(2), by striking ‘‘by’’. place the term appears; and U.S.C. 1324b(f)(2)) is amended by striking (b) SECTION 505.—Section 505(e)(2) (8 U.S.C. (2) in subsection (g), by inserting ‘‘or the ‘‘subsection’’ and inserting ‘‘section’’. 1535(e)(2)) is amended by inserting ‘‘and the Secretary’’ after ‘‘Attorney General’’. (ll) SECTION 274C.—Section 274C(d)(2)(A) (8 Secretary’’ after ‘‘Attorney General’’. (z) SECTION 245.—Section 245 (8 U.S.C. 1255) U.S.C. 1324c(d)(2)(A)) is amended by inserting is amended— ‘‘or the Secretary’’ after ‘‘subsection (a), the SEC. 6007. OTHER AMENDMENTS. (1) by inserting ‘‘or the Secretary’’ after Attorney General’’. (a) CORRECTION OF COMMISSIONER OF IMMI- ‘‘Attorney General’’ each place that term ap- (mm) SECTION 274D.—Section 274D(a)(2) (8 GRATION AND NATURALIZATION.— pears except in subsections (j) (other than U.S.C. 1324d(a)(2)) is amended by striking (1) IN GENERAL.—The Immigration and Na- the first reference), (l), and (m); ‘‘Commissioner’’ and inserting ‘‘Secretary’’. tionality Act (8 U.S.C. 1101 et seq.) as amend- (2) in subsection (k)(1), adding an ‘‘and’’ at (nn) SECTION 286.—Section 286 (8 U.S.C. ed by this Act, is further amended by strik- the end; and 1356) is amended— ing ‘‘Commissioner’’ and ‘‘Commissioner of (3) in subsection (l)— (1) in subsection (q)(1)(B), by striking ‘‘, in Immigration and Naturalization’’ each place (A) in paragraph (1), by inserting a comma consultation with the Secretary of the those terms appear and inserting ‘‘Sec- after ‘‘appropriate’’; and Treasury,’’; retary’’. (B) in paragraph (2)— (2) in subsection (r)(2), by striking ‘‘section (2) EXCEPTION FOR COMMISSIONER OF SOCIAL (i) in the matter preceding paragraph (1), 245(i)(3)(b)’’ and inserting ‘‘section SECURITY.—The amendment made by para- by striking ‘‘Attorney General’s’’ and insert- 245(i)(3)(B)’’; and graph (1) shall not apply to any reference to ing ‘‘Secretary’s’’; and (3) in subsection (s)(5)— the ‘‘Commissioner of Social Security’’. (ii) in subparagraph (B), by striking (A) by striking ‘‘5 percent’’ and inserting (b) CORRECTION OF BUREAU OF CITIZENSHIP ‘‘(10(E))’’ and inserting ‘‘(10)(E))’’. ‘‘USE OF FEES FOR DUTIES RELATING TO PETI- AND IMMIGRATION SERVICES.—Section (aa) SECTION 245A.—Section 245A (8 U.S.C. TIONS.—Five percent’’; and 451(a)(1) of the Homeland Security Act of 1255a) is amended— (B) by striking ‘‘paragraph (1) (C) or (D) of 2002 (6 U.S.C. 271(a)(1)) is amended by strik- (1) in subsection (c)(7), by striking subpara- section 204’’ and inserting ‘‘subparagraph (C) ing ‘‘a bureau to be known as the ‘Bureau of graph (C); and or (D) of section 204(a)(1)’’. Citizenship and Immigration Services’ ’’ and (2) in subsection (h)— (oo) SECTION 294.—Section 294 (8 U.S.C. inserting ‘‘an agency to be known as the (A) in paragraph (4)(C), by striking ‘‘The 1363a) is amended— ‘United States Citizenship and Immigration The’’ and inserting ‘‘The’’; and (1) in subsection (a), in the undesignated Services’, the headquarters of which shall be (B) in paragraph (5), by striking ‘‘(Public matter following paragraph (4), by striking in the same State as the office of the Sec- Law 96–122),’’ and inserting ‘‘(8 U.S.C. 1522 ‘‘Commissioner, in consultation with the retary.’’. note),’’. Deputy Attorney General,’’ and inserting (c) CORRECTION OF IMMIGRATION AND NATU- (bb) SECTION 251.—Section 251(d) (8 U.S.C. ‘‘Secretary’’; and RALIZATION SERVICE.—The Immigration and 1281(d)) is amended— (2) in subsection (d), by striking ‘‘Deputy Nationality Act (8 U.S.C. 1101 et seq.), as (1) by striking ‘‘Attorney General’’ each Attorney General’’ and inserting ‘‘Sec- amended by this Act, is further amended by place that term appears and inserting ‘‘Sec- retary’’. striking ‘‘Service’’ and ‘‘Immigration and retary’’; and SEC. 6004. TECHNICAL AMENDMENTS TO TITLE Naturalization Service’’ each place those (2) by striking ‘‘Commissioner’’ each place III OF THE IMMIGRATION AND NA- terms appear and inserting ‘‘Department’’. that term appears and inserting ‘‘Sec- TIONALITY ACT. (d) CORRECTION OF DEPARTMENT OF JUS- retary’’. (a) SECTION 316.—Section 316 (8 U.S.C. 1427) TICE.— (cc) SECTION 254.—Section 254(a) (8 U.S.C. is amended— (1) IN GENERAL.—The Immigration and Na- 1284(a)) is amended by striking ‘‘Commis- (1) in subsection (d), by inserting ‘‘or by tionality Act (8 U.S.C. 1101 et seq.), as sioner’’ each place that term appears and in- the Secretary’’ after ‘‘Attorney General’’; amended by this Act, is further amended by serting ‘‘Secretary’’. and striking ‘‘Department of Justice’’ each place

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00113 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.018 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S1042 CONGRESSIONAL RECORD — SENATE February 14, 2018 that term appears and inserting ‘‘Depart- SEC. 6008. REPEALS; RULE OF CONSTRUCTION. (C) by amending subparagraph (D), as re- ment’’. (a) REPEALS.— designated, to read as follows: (2) EXCEPTIONS.—The amendment made by (1) IMMIGRATION AND NATURALIZATION SERV- ‘‘(D) has earned a master’s or higher degree paragraph (1) shall not apply in— ICE.— from a United States institution of higher (A) subsections (d)(3)(A) and (r)(5)(A) of (A) IN GENERAL.—Section 4 of the Act of education (as defined in section 101(a) of the section 214 (8 U.S.C. 1184); February 14, 1903 (32 Stat. 826, chapter 552; 8 Higher Education Act of 1965 (20 U.S.C. (B) section 274B(c)(1) (8 U.S.C. 1324b(c)(1)); U.S.C. 1551) is repealed. 1001(a))) and whose employer has not cer- or (B) 8 U.S.C. 1551.—The language of the com- tified that the employer has filed or will file (C) title V (8 U.S.C. 1531 et seq.). pilers set out in section 1551 of title 8 of the an Immigrant Petition on behalf of the alien, (e) CORRECTION OF ATTORNEY GENERAL.— United States Code shall be removed from until the number of such aliens who are ex- The Immigration and Nationality Act (8 the compilation of such title 8. empted from such numerical limitations dur- U.S.C. 1101 et seq.) as amended by this Act, (2) COMMISSIONER OF IMMIGRATION AND NAT- ing such year exceeds 20,000.’’; and is further amended by striking ‘‘Attorney URALIZATION; OFFICE.— (2) in paragraph (6)— General’’ each place that term appears and (A) IN GENERAL.—Section 7 of the Act of (A) by inserting ‘‘(A)’’ before ‘‘Any alien’’; inserting ‘‘Secretary’’, except for in the fol- March 3, 1891 (26 Stat. 1085, chapter 551; 8 and lowing: U.S.C. 1552) is repealed. (B) by adding at the end the following: ‘‘(B)(i) The initial period of validity of a (1) Any joint references to the ‘‘Attorney (B) 8 U.S.C. 1552.—The language of the com- nonimmigrant visa issued under section General and the Secretary of Homeland Se- pilers set out in section 1552 of title 8 of the 101(a)(15)(H)(i)(b) to an alien described in curity’’ or ‘‘the Secretary of Homeland Secu- United States Code shall be removed from paragraph (5)(C) who is exempted from the rity and the Attorney General’’. the compilation of such title 8. numerical limitations under paragraph (1)(A) (2) Section 101(a)(5). (3) ASSISTANT COMMISSIONERS AND DISTRICT DIRECTOR; COMPENSATION AND SALARY shall be 12 months. (3) Subparagraphs (S), (T), and (V) of sec- ‘‘(ii) The period of validity of a visa de- tion 101(a)(15). GRADE.—Title II of the Department of Jus- tice Appropriation Act, 1957 (70 Stat. 307, scribed in clause (i) may be extended beyond (4) Section 101(a)(47)(A). the initial period described in such clause if (5) Section 101(b)(4). chapter 414; 8 U.S.C. 1553) is amended, in the matter under the heading ‘‘Immigration and the employer provides evidence to the Sec- (6) Subsections (a)(1) and (g) of section 103. retary that— Naturalization Service’’ and under the sub- (7) Subsections (b)(1) and (c) of section 105. ‘‘(I) the employer has filed, on the alien’s heading ‘‘SALARIES AND EXPENSES’’, by (8) Section 204(c). behalf, a nonfrivolous Application for Per- striking ‘‘That the compensation of the five (9) Section 208. manent Employment Certification or a non- assistant commissioners and one district di- (10) Subparagraphs (C), (H), and (I) of sec- frivolous Immigrant Petition; and rector shall be at the rate of grade GS–16: tion 212(a)(2). ‘‘(II) such application or petition has not Provided further’’. (11) Subparagraphs (A), (B)(ii)(II), and (D) been denied in a final agency action.’’. (4) SPECIAL IMMIGRANT INSPECTORS AT of section 212(a)(3). (b) ANTI-HOARDING.— WASHINGTON.—The Act of March 2, 1895 (28 (12) Section 212(a)(9)(C)(iii). (1) IN GENERAL.—Section 214(g)(10) of the Stat. 780, chapter 177; 8 U.S.C. 1554) is amend- (13) Paragraphs (11) and (12) of section Immigration and Nationality Act (8 U.S.C. ed in the matter following the heading ‘‘Bu- 212(d). 1184(g)(10)) is amended— reau of Immigration:’’ by striking ‘‘That (14) Subsections (g), (h), (i), (k), and (s) of (A) by inserting ‘‘(A)’’ before ‘‘The numer- hereafter special immigrant inspectors, not section 212. ical limitations’’; and to exceed three, may be detailed for duty in (15) Subsections (a)(1) and (f)(6)(B) of sec- (B) by adding at the end the following: tion 213A. the Bureau at Washington: And provided fur- ‘‘(B)(i) Subject to clause (ii), if 5 or more (16) Section 216(d)(2)(c). ther,’’. petitions for H–1B classification subject to (17) Section 219(d)(4). (b) RULE OF CONSTRUCTION.—Nothing in the cap established under paragraph (1)(A) (18) Section 235(b)(1)(B)(iii)(III). this title may be construed to repeal or limit filed by an employer in a fiscal year are ap- (19) The second sentence of section 236(e). the applicability of sections 462 and 1512 of proved, the employer shall pay a penalty for (20) Section 237. the Homeland Security Act of 2002 (6 U.S.C. each such approved petition subject to such (21) Paragraphs (1), (3), and (4)(A) of section 279 and 552) with respect to any provision of cap for which the H–1B beneficiary works in 238(a). law or matter not specifically addressed by the United States for less than 25 percent of (22) Paragraphs (1) and (5) of section 238(b). the amendments made by this title. the first year of the beneficiary’s approved (23) Section 238(c)(2)(D)(iv). SEC. 6009. MISCELLANEOUS TECHNICAL CORREC- work authorization period for the employer (24) Subsections (a) and (b) of section 239. TION. that initially secured the cap-subject peti- (25) Section 240. Section 7 of the Central Intelligence Agen- tion approval. (26) Section 240A. cy Act of 1949 (50 U.S.C. 3508) is amended by ‘‘(ii)(I) Except as provided in subclause (27) Subsections (a)(1), (a)(3), (b), and (c) of striking ‘‘Commissioner of Immigration’’ (IV), an employer shall not be subject to the section 240B. and inserting ‘‘Secretary of Homeland Secu- penalties set forth in clause (i) if the em- (28) The first reference in section rity’’. ployer withdraws the petition for an H–1B visa— 241(a)(4)(B)(i). SA 1960. Mr. HATCH submitted an ‘‘(aa) as a result of an unexpected change (29) Section 241(b)(3) (except for the first in the need for the alien worker; reference in subparagraph (A), to which the amendment intended to be proposed by ‘‘(bb) because the alien worker commences amendment shall apply). him to the bill H.R. 2579, to amend the employment in the United States for the em- (30) Section 241(i) (except for paragraph Internal Revenue Code of 1986 to allow ployer under another lawful status; or (3)(B)(i), to which the amendment shall the premium tax credit with respect to ‘‘(cc) because the alien worker quit or re- apply). unsubsidized COBRA continuation cov- signed the worker’s position with the em- (31) Section 242(a)(2)(B). erage; which was ordered to lie on the ployer. (32) Section 242(b) (except for paragraph (8), table; as follows: ‘‘(II) An employer withdrawing a petition to which the amendment shall apply). At the appropriate place, insert the fol- under subclause (I) shall file with the Sec- (33) Section 242(g). lowing: retary a description of the circumstances— (34) Subsections (a)(3)(C), (c)(2), (e), and (g) TITLE l—EMPLOYMENT-BASED VISAS ‘‘(aa) resulting in the unexpected change in of section 244. the need for the alien worker; Subtitle A—Employment-based (35) Section 245 (except for subsection ‘‘(bb) surrounding the alien worker’s com- Nonimmigrant Visas (i)(1)(B)(i), subsection (i)(3)) and the first ref- mencement of employment in the United erence to the Attorney General in subsection SEC. l11. SECURING A SUPPLY OF HIGHLY States for the employer withdrawing the H– 245(j)). SKILLED WORKERS. 1B approval under another lawful status; or (36) Section 245A(a)(1)(A). (a) IN GENERAL.—Section 214(g) of the Im- ‘‘(cc) surrounding the alien worker’s deci- (37) Section 246(a). migration and Nationality Act (8 U.S.C. sion to quit or resign the worker’s position (38) Section 249. 1184(g)) is amended— with the employer. (39) Section 264(f). (1) in paragraph (5)— ‘‘(III) Any unused visas associated with pe- (40) Section 274(e). (A) by redesignating subparagraph (C) as titions withdrawn under subclause (I) that (41) Section 274A. subparagraph (D); were subject to the cap established under (42) Section 274B. (B) by inserting after subparagraph (B) the paragraph (1)(A) shall be reassigned to an- (43) Section 274C. following: other H–1B petition filed by another em- (44) Section 292. ‘‘(C) has earned a master’s or higher degree ployer either in the fiscal year in which the (45) Subsections (d) and (f)(1) of section 316. from a United States institution of higher withdrawal was received or in the following (46) Section 342. education (as defined in section 1001(a) of fiscal year. (47) Section 412(f)(1)(A). title 20) and whose employer has certified ‘‘(IV) Subclause (I) shall not apply to an (48) Title V (except for subsections 506(a)(1) that the employer has filed or will file an employer in a fiscal year if— and 507(b), (c), and (d) (first reference), to Immigrant Petition on behalf of the alien; ‘‘(aa)(AA) at least 20 and not more than 49 which the amendment shall apply). or’’; and petitions filed by the employer in a fiscal

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00114 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.018 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S1043 year for H–1B visa classification subject to ‘‘(ii) Except as provided in clause (iii), an (B) by striking paragraph (5); and the cap established under paragraph (1)(A) application described in this clause is an ap- (2) by amending subsection (e) to read as are approved; and plication filed by— follows: ‘‘(BB) the employer withdraws more than ‘‘(I) an H–1B-dependent employer; or ‘‘(e) SPECIAL RULES FOR COUNTRIES AT 25 percent of the approved H–1B visa peti- ‘‘(II) an employer that has been found CEILING.—If the total number of immigrant tions subject to the numerical limitation under paragraph (2)(C) or (5) to have com- visas made available under section 203(a) to under paragraph (1)(A) that were received by mitted a willful failure or misrepresentation natives of any single foreign state or depend- the employer in the fiscal year or the em- during the 5-year period preceding the filing ent area will exceed the numerical limita- ployer withdraws more than 10 percent of of the application. tion specified in subsection (a)(2) in any fis- such petitions because the alien worker re- ‘‘(iii)(I) Except as provided in subclause cal year, the number of visas for natives of signed his or her employment with the em- (II), an application is not described in clause that state or area shall be allocated under ployer before completing 3 months of em- (ii) if the only H–1B nonimmigrants sought section 203(a) so that, except as provided in ployment; or in the application are exempt H–1B non- subsection (a)(4), the proportion of the visa ‘‘(bb)(AA) more than 50 petitions filed by immigrants. numbers made available under each of para- the employer in a fiscal year for H–1B visa ‘‘(II) Subclause (I) shall not apply if the graphs (1) through (4) of section 203(a) is classification subject to the cap established employer has more than 50 employees and equal to the ratio of the total number of under paragraph (1)(A) are approved; and more than 50 percent of the employer’s em- visas made available under the respective ‘‘(BB) the employer withdraws more than ployees are H–1B nonimmigrants.’’; paragraph to the total number of visas made 20 percent of the approved H–1B visa peti- (2) in paragraph (3)(B)— available under section 203(a).’’. tions subject to the numerical limitation (A) by amending clause (i) to read as fol- (c) COUNTRY-SPECIFIC OFFSET.—Section 2 of under paragraph (1)(A) that were received by lows: the Chinese Student Protection Act of 1992 (8 the employer in the fiscal year or the em- ‘‘(i) the term ‘exempt H–1B nonimmigrant’ U.S.C. 1255 note) is amended— ployer withdraws more than 5 percent of means an H–1B nonimmigrant who— (1) in subsection (a), by striking ‘‘sub- such petitions because the alien worker re- ‘‘(I) receives wages (including cash bo- section (e))’’ and inserting ‘‘subsection (d))’’; signed his or her employment with the em- nuses) at an annual rate equal to not less and ployer before completing 3 months of em- than the higher of— (2) by striking subsection (d) and redesig- ployment. ‘‘(aa) 105 percent of the occupational mean nating subsection (e) as subsection (d). ‘‘(iii)(I) The penalty for a violation of wage, as determined based on Bureau of (d) EFFECTIVE DATE.—The amendments clause (i) shall be— Labor Statistics data for the geographic area made by this section shall take effect as if ‘‘(aa) $10,000 for each petition described in of employment; or enacted on October 1, 2017, and shall apply to such clause that was filed during the first ‘‘(bb) $100,000 (or the adjusted amount fiscal years beginning with fiscal year 2018. fiscal year that a penalty is imposed; and under clause (iii), if applicable); or SEC. l22. ADJUSTMENT OF STATUS FOR EM- ‘‘(bb) $25,000 for each such petition that ‘‘(II) has attained a doctoral degree from PLOYMENT-BASED IMMIGRANTS. Section 245 of the Immigration and Nation- was filed after the first fiscal year that a an institution of higher education (as defined ality Act (8 U.S.C. 1255) is amended by add- penalty is imposed. in section 101(a) of the Higher Education Act ing at the end the following: ‘‘(II) A penalty under clause (iii)(I) may of 1965 (20 U.S.C. 1001(a))) in the United ‘‘(n) ADJUSTMENT OF STATUS FOR EMPLOY- not be reimbursed or indemnified by an H–1B States in a specialty related to the intended MENT BASED IMMIGRANTS.— nonimmigrant. employment;’’; ‘‘(1) PETITION.—Any alien, and any eligible (B) in clause (ii), by striking the period at ‘‘(III) An employer subject to a penalty dependent of such alien, who has an approved the end and inserting ‘‘; and’’; and under clause (i) in any 3 fiscal years shall be petition for immigrant status, may file an (C) by adding at the end the following: barred from filing any petitions for H–1B application with the Secretary of Homeland ‘‘(iii) the amount under clause (i)(I)(bb) visas subject to the numerical limitation Security for adjustment of status regardless shall be increased, for the third fiscal year under paragraph (1)(A) for the fiscal year im- of whether an immigrant visa is imme- beginning after the date of the enactment of mediately following the third year of non- diately available at the time the application this clause and for every third fiscal year compliance. is filed. ‘‘(iv) Each employer that has 5 or more ap- thereafter, by the percentage (if any) by ‘‘(2) SUPPLEMENTAL FEE.—If a visa is not which the Consumer Price Index for the proved petitions for H–1B classification sub- immediately available at the time an appli- month of June preceding the date on which ject to the cap established under paragraph cation is filed under paragraph (1), the bene- such increase takes effect exceeds the Con- (1)(A) shall submit an annual report to the ficiary of such application shall pay a sup- sumer Price Index for the same month of the Secretary of Homeland Security that identi- plemental fee of $500, which shall be depos- third preceding calendar year.’’. fies— ited into the H–1B Nonimmigrant Petitioner ‘‘(I) the date on which each such H–1B non- SEC. l13. STRENGTHENING THE PREVAILING Account established under section 286(s). immigrant approved during the most recent WAGE SYSTEM. This fee shall not be collected from any de- Section 212(p)(4) of the Immigration and fiscal year began working for the employer pendent accompanying or following to join Nationality Act (8 U.S.C. 1182(p)(4)) is in the United States; and such beneficiary. ‘‘(II) the total period of employment in the amended by adding at the end the following: ‘‘(3) AVAILABILITY.—An application filed ‘‘With regard to the prevailing wage required first year of available work authorization for under this subsection may not be approved to be paid under subsections (a)(5)(A), each such H–1B nonimmigrant during the until the date on which an immigrant visa (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) (as added most recent fiscal year. becomes available.’’. ‘‘(v) Penalties assessed under this subpara- by section 402(b)(2) of Public Law 108–77), the graph shall be deposited into the H–1B Non- first level of wages shall be not less than the SA 1961. Mr. HATCH submitted an immigrant Petitioner Account established mean of the lowest 50 percent of the wages amendment intended to be proposed by surveyed.’’. under section 286(s).’’. him to the bill H.R. 2579, to amend the (2) EFFECTIVE DATE.—Section 214(g)(10)(B) Subtitle B—Employment-based Immigrant Internal Revenue Code of 1986 to allow of the Immigration and Nationality Act, as Visas the premium tax credit with respect to added by paragraph (1), shall take effect on SEC. l21. ELIMINATION OF PER-COUNTRY NU- the date that is 1 year after the date of the MERICAL LIMITATIONS. unsubsidized COBRA continuation cov- enactment of this Act. (a) IN GENERAL.—Section 202(a)(2) of the erage; which was ordered to lie on the (c) REPORTING REQUIREMENT.—The Sec- Immigration and Nationality Act (8 U.S.C. table; as follows: retary of Homeland Security shall identify 1152(a)(2)) is amended to read as follows: At the appropriate place, insert the fol- the number of previously approved visas ‘‘(2) PER COUNTRY LEVELS FOR FAMILY-SPON- lowing: that— SORED IMMIGRANTS.—Subject to paragraphs SEC. ll. SECURING A SUPPLY OF HIGHLY- (1) were the subject of withdrawn petitions (3) and (4), the total number of immigrant SKILLED WORKERS. under section 214(g)(10)(B)(ii) of the Immi- visas made available to natives of any single Section 214(g) of the Immigration and Na- gration and Nationality Act, as added by foreign state or dependent area under section tionality Act (8 U.S.C. 1184(g)) is amended— subsection (b); and 203(a) in any fiscal year may not exceed 15 (1) in paragraph (5)— (2) are available for reassignment to an- percent (in the case of a single foreign state) (A) by redesignating subparagraph (C) as other employer. or 2 percent (in the case of a dependent area) subparagraph (D); SEC. l12. DEPENDENT H–1B EMPLOYERS; EX- of the total number of such visas made avail- (B) by inserting after subparagraph (B) the EMPT H–1B NONIMMIGRANTS. able under such section in that fiscal year.’’. following: Section 212(n) of the Immigration and Na- (b) CONFORMING AMENDMENTS.—Section 202 ‘‘(C) has earned a master’s or higher degree tionality Act (8 U.S.C. 1182(n)) is amended— of the Immigration and Nationality Act (8 from a United States institution of higher (1) in paragraph (1)(E)— U.S.C. 1152) is amended— education (as defined in section 1001(a) of (A) in clause (i), by striking ‘‘(as defined in (1) in subsection (a)— title 20) and whose employer has certified paragraph (4))’’; and (A) in paragraph (3), by striking ‘‘both sub- that the employer has filed or will file an (B) by striking clause (ii) and inserting the sections (a) and (b) of section 203’’ and in- Immigrant Petition on behalf of the alien; following: serting ‘‘section 203(a)’’; and or’’; and

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00115 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.019 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S1044 CONGRESSIONAL RECORD — SENATE February 14, 2018 (C) by amending subparagraph (D), as re- ‘‘(cc) surrounding the alien worker’s deci- gration and Nationality Act, as added by designated, to read as follows: sion to quit or resign the worker’s position subsection (b); and ‘‘(D) has earned a master’s or higher degree with the employer. (B) are available for reassignment to an- from a United States institution of higher ‘‘(III) Any unused visas associated with pe- other employer. titions withdrawn under subclause (I) that education (as defined in section 101(a) of the (b) DEPENDENT H–1B EMPLOYERS.—Section Higher Education Act of 1965 (20 U.S.C. were subject to the cap established under 212(n) of the Immigration and Nationality 1001(a))) and whose employer has not cer- paragraph (1)(A) shall be reassigned to an- Act (8 U.S.C. 1182(n)) is amended— other H–1B petition filed by another em- tified that the employer has filed or will file (1) in paragraph (1)(E)— ployer either in the fiscal year in which the an Immigrant Petition on behalf of the alien, (A) in clause (i), by striking ‘‘(as defined in withdrawal was received or in the following until the number of such aliens who are ex- paragraph (4))’’; and fiscal year. empted from such numerical limitations dur- (B) by striking clause (ii) and inserting the ing such year exceeds 20,000.’’; and ‘‘(IV) Subclause (I) shall not apply to an employer in a fiscal year if— following: (2) in paragraph (6)— ‘‘(ii) Except as provided in clause (iii), an (A) by inserting ‘‘(A)’’ before ‘‘Any alien’’; ‘‘(aa)(AA) at least 20 and not more than 49 petitions filed by the employer in a fiscal application described in this clause is an ap- and year for H–1B visa classification subject to plication filed by— (B) by adding at the end the following: ‘‘(I) an H–1B-dependent employer; or ‘‘(B)(i) The initial period of validity of a the cap established under paragraph (1)(A) are approved; and ‘‘(II) an employer that has been found nonimmigrant visa issued under section under paragraph (2)(C) or (5) to have com- 101(a)(15)(H)(i)(b) to an alien described in ‘‘(BB) the employer withdraws more than 25 percent of the approved H–1B visa peti- mitted a willful failure or misrepresentation paragraph (5)(C) who is exempted from the during the 5-year period preceding the filing numerical limitations under paragraph (1)(A) tions subject to the numerical limitation under paragraph (1)(A) that were received by of the application. shall be 12 months. ‘‘(iii)(I) Except as provided in subclause ‘‘(ii) The period of validity of a visa de- the employer in the fiscal year or the em- (II), an application is not described in clause scribed in clause (i) may be extended beyond ployer withdraws more than 10 percent of (ii) if the only H–1B nonimmigrants sought the initial period described in such clause if such petitions because the alien worker re- in the application are exempt H–1B non- the employer provides evidence to the Sec- signed his or her employment with the em- immigrants. retary that— ployer before completing 3 months of em- ‘‘(II) Subclause (I) shall not apply if the ‘‘(I) the employer has filed, on the alien’s ployment; or employer has more than 50 employees and behalf, a nonfrivolous Application for Per- ‘‘(bb)(AA) more than 50 petitions filed by more than 50 percent of the employer’s em- manent Employment Certification or a non- the employer in a fiscal year for H–1B visa ployees are H–1B nonimmigrants.’’; frivolous Immigrant Petition; and classification subject to the cap established (2) in paragraph (3)(B)— ‘‘(II) such application or petition has not under paragraph (1)(A) are approved; and (A) by amending clause (i) to read as fol- been denied in a final agency action.’’. ‘‘(BB) the employer withdraws more than 20 percent of the approved H–1B visa peti- lows: SA 1962. Mr. HATCH submitted an tions subject to the numerical limitation ‘‘(i) the term ‘exempt H–1B nonimmigrant’ amendment intended to be proposed by under paragraph (1)(A) that were received by means an H–1B nonimmigrant who— the employer in the fiscal year or the em- ‘‘(I) receives wages (including cash bo- him to the bill H.R. 2579, to amend the ployer withdraws more than 5 percent of nuses) at an annual rate equal to not less Internal Revenue Code of 1986 to allow such petitions because the alien worker re- than the higher of— the premium tax credit with respect to signed his or her employment with the em- ‘‘(aa) 105 percent of the occupational mean unsubsidized COBRA continuation cov- ployer before completing 3 months of em- wage, as determined based on Bureau of erage; which was ordered to lie on the ployment. Labor Statistics data for the geographic area table; as follows: ‘‘(iii)(I) The penalty for a violation of of employment; or clause (i) shall be— At the appropriate place, insert the fol- ‘‘(bb) $100,000 (or the adjusted amount ‘‘(aa) $10,000 for each petition described in lowing: under clause (iii), if applicable); or such clause that was filed during the first ‘‘(II) has attained a doctoral degree from SEC. ll. EMPLOYMENT-BASED NONIMMIGRANT fiscal year that a penalty is imposed; and VISAS. an institution of higher education (as defined ‘‘(bb) $25,000 for each such petition that (a) PROHIBITION ON HOARDING H–1B VISAS.— in section 101(a) of the Higher Education Act was filed after the first fiscal year that a (1) IN GENERAL.—Section 214(g)(10) of the of 1965 (20 U.S.C. 1001(a))) in the United penalty is imposed. States in a specialty related to the intended Immigration and Nationality Act (8 U.S.C. ‘‘(II) A penalty under clause (iii)(I) may 1184(g)(10)) is amended— employment;’’; not be reimbursed or indemnified by an H–1B (B) in clause (ii), by striking the period at (A) by inserting ‘‘(A)’’ before ‘‘The numer- nonimmigrant. ical limitations’’; and the end and inserting ‘‘; and’’; and ‘‘(III) An employer subject to a penalty (C) by adding at the end the following: (B) by adding at the end the following: under clause (i) in any 3 fiscal years shall be ‘‘(iii) the amount under clause (i)(I)(bb) ‘‘(B)(i) Subject to clause (ii), if 5 or more barred from filing any petitions for H–1B shall be increased, for the third fiscal year petitions for H–1B classification subject to visas subject to the numerical limitation beginning after the date of the enactment of the cap established under paragraph (1)(A) under paragraph (1)(A) for the fiscal year im- this clause and for every third fiscal year filed by an employer in a fiscal year are ap- mediately following the third year of non- proved, the employer shall pay a penalty for compliance. thereafter, by the percentage (if any) by each such approved petition subject to such ‘‘(iv) Each employer that has 5 or more ap- which the Consumer Price Index for the cap for which the H–1B beneficiary works in proved petitions for H–1B classification sub- month of June preceding the date on which the United States for less than 25 percent of ject to the cap established under paragraph such increase takes effect exceeds the Con- the first year of the beneficiary’s approved (1)(A) shall submit an annual report to the sumer Price Index for the same month of the work authorization period for the employer Secretary of Homeland Security that identi- third preceding calendar year.’’. that initially secured the cap-subject peti- fies— (c) STRENGTHENING THE PREVAILING WAGE tion approval. ‘‘(I) the date on which each such H–1B non- SYSTEM.—Section 212(p)(4) of the Immigra- ‘‘(ii)(I) Except as provided in subclause immigrant approved during the most recent tion and Nationality Act (8 U.S.C. 1182(p)(4)) (IV), an employer shall not be subject to the fiscal year began working for the employer is amended by adding at the end the fol- penalties set forth in clause (i) if the em- in the United States; and lowing: ‘‘With regard to the prevailing wage ployer withdraws the petition for an H–1B ‘‘(II) the total period of employment in the required to be paid under subsections visa— first year of available work authorization for (a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) ‘‘(aa) as a result of an unexpected change each such H–1B nonimmigrant during the (as added by section 402(b)(2) of Public Law in the need for the alien worker; most recent fiscal year. 108–77), the first level of wages shall be not ‘‘(bb) because the alien worker commences ‘‘(v) Penalties assessed under this subpara- less than the mean of the lowest 50 percent employment in the United States for the em- graph shall be deposited into the H–1B Non- of the wages surveyed.’’. ployer under another lawful status; or immigrant Petitioner Account established ‘‘(cc) because the alien worker quit or re- under section 286(s).’’. signed the worker’s position with the em- (2) EFFECTIVE DATE.—Section 214(g)(10)(B) SA 1963. Mr. HATCH submitted an ployer. of the Immigration and Nationality Act, as amendment intended to be proposed by ‘‘(II) An employer withdrawing a petition added by paragraph (1), shall take effect on him to the bill H.R. 2579, to amend the under subclause (I) shall file with the Sec- the date that is 1 year after the date of the Internal Revenue Code of 1986 to allow retary a description of the circumstances— enactment of this Act. the premium tax credit with respect to ‘‘(aa) resulting in the unexpected change in (3) REPORTING REQUIREMENT.—The Sec- unsubsidized COBRA continuation cov- the need for the alien worker; retary of Homeland Security shall identify erage; which was ordered to lie on the ‘‘(bb) surrounding the alien worker’s com- the number of previously approved visas table; as follows: mencement of employment in the United that— States for the employer withdrawing the H– (A) were the subject of withdrawn petitions At the appropriate place, insert the fol- 1B approval under another lawful status; or under section 214(g)(10)(B)(ii) of the Immi- lowing:

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00116 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.019 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S1045 SEC. ll. PER-COUNTRY NUMERICAL LIMITA- him to the bill H.R. 2579, to amend the less the applicant is provided with a written TIONS AND ADJUSTMENT OF STA- Internal Revenue Code of 1986 to allow finding that explains the basis for the Gov- TUS. ernment’s determination that— (a) MODIFICATION OF PER-COUNTRY NUMER- the premium tax credit with respect to unsubsidized COBRA continuation cov- ‘‘(A) there was a material error with re- ICAL LIMITATIONS.— gard to the approval of the previous petition, (1) IN GENERAL.—Section 202(a)(2) of the erage; which was ordered to lie on the visa, or application for admission; Immigration and Nationality Act (8 U.S.C. table; as follows: ‘‘(B) a substantial change in circumstances 1152(a)(2)) is amended to read as follows: At the appropriate place, insert the fol- has taken place since the prior approval or ‘‘(2) PER COUNTRY LEVELS FOR FAMILY-SPON- lowing: admission that renders the nonimmigrant in- SORED IMMIGRANTS.—Subject to paragraphs SEC. ll. EMPLOYMENT AND TRAINING OPPOR- eligible for such status under this Act; or (3) and (4), the total number of immigrant TUNITIES FOR HIGHLY-SKILLED ‘‘(C) new material information has been visas made available to natives of any single NONIMMIGRANTS. discovered that adversely impacts the eligi- foreign state or dependent area under section (a) EMPLOYMENT AUTHORIZATION FOR DE- bility of the employer or the non- 203(a) in any fiscal year may not exceed 15 PENDENTS OF H–1B NONIMMIGRANTS.—Section immigrant.’’. 214(c) of the Immigration and Nationality percent (in the case of a single foreign state) (3) EFFECT OF ENDING EMPLOYMENT RELA- Act (8 U.S.C. 1184(c)) is amended— or 2 percent (in the case of a dependent area) TIONSHIP.—Section 214(n) of the Immigration of the total number of such visas made avail- (1) by striking ‘‘Attorney General’’ each and Nationality Act (8 U.S.C. 1184(n)) is able under such section in that fiscal year.’’. place such term appears and inserting ‘‘Sec- amended by adding at the end the following: (2) CONFORMING AMENDMENTS.—Section 202 retary of Homeland Security’’; and ‘‘(3) A nonimmigrant admitted under sec- of such Act (8 U.S.C. 1152) is amended— (2) in paragraph (2), by adding at the end tion 101(a)(15)(H)(i)(b) whose employment re- (A) in subsection (a)— the following: lationship ends (either voluntarily or invol- (i) in paragraph (3), by striking ‘‘both sub- ‘‘(G)(i) If the principal alien has a pending untarily) before the expiration of the non- sections (a) and (b) of section 203’’ and in- or approved Application for Permanent Em- immigrant’s period of authorized admission serting ‘‘section 203(a)’’; and ployment Certification or a pending or ap- shall be deemed to have retained such legal (ii) by striking paragraph (5); and proved Immigrant Petition, the Secretary of status throughout the 60-day period begin- (B) by amending subsection (e) to read as Homeland Security shall— ning on such employment ending date if an follows: ‘‘(I) authorize the alien spouse of such employer files a petition to extend, change, ‘‘(e) SPECIAL RULES FOR COUNTRIES AT principal alien admitted under section or adjust the status of the nonimmigrant CEILING.—If the total number of immigrant 101(a)(15)(H)(i)(b) who is accompanying or during such period.’’. visas made available under section 203(a) to following to join the principal alien to en- (c) PRACTICAL TRAINING FOR F–1 NON- natives of any single foreign state or depend- gage in employment in the United States; IMMIGRANTS.— ent area will exceed the numerical limita- and (1) DEFINED TERM.—Section 101(a)(15)(F)(i) tion specified in subsection (a)(2) in any fis- ‘‘(II) provide the spouse with an ‘employ- of the Immigration and Nationality Act (8 cal year, the number of visas for natives of ment authorized’ endorsement or other ap- U.S.C. 1101(a)(15)(F)(i)) is amended— that state or area shall be allocated under propriate work permit. (A) by inserting ‘‘including post-comple- section 203(a) so that, except as provided in ‘‘(ii) The employer of an alien spouse de- tion on-the-job training related to the same subsection (a)(4), the proportion of the visa scribed in clause (i)(I) shall attest to the course of study,’’ after ‘‘for the purpose of numbers made available under each of para- Secretary of Homeland Security that the pursuing such a course of study’’; and graphs (1) through (4) of section 203(a) is employer is offering and will offer to the (B) by striking ‘‘consistent with section equal to the ratio of the total number of alien spouse, during the period of authorized 214(l)’’ and inserting ‘‘consistent with sec- visas made available under the respective employment, not less than the greater of— tion 214(m)’’. paragraph to the total number of visas made ‘‘(I) the actual wage level paid by the em- (2) OPTIONAL PRACTICAL TRAINING.—Section available under section 203(a).’’. ployer for the specific employment in ques- 214(m) of the Immigration and Nationality (3) COUNTRY-SPECIFIC OFFSET.—Section 2 of tion to all other individuals with similar ex- Act (8 U.S.C. 1184(m)) is amended by adding the Chinese Student Protection Act of 1992 (8 periences and qualifications; or at the end the following: U.S.C. 1255 note) is amended— ‘‘(II) the prevailing wage level for the occu- ‘‘(3)(A) An alien who obtains the status of (A) in subsection (a), by striking ‘‘sub- pational classification in the area of employ- a nonimmigrant under clause (i) or (iii) of section (e))’’ and inserting ‘‘subsection (d))’’; ment, reflecting the education, experience, section 101(a)(F) may complete a course of and and level of supervision required for the job study by engaging in optional post-comple- (B) by striking subsection (d) and redesig- to be performed by the alien spouse, based on tion practical training to gain experience di- nating subsection (e) as subsection (d). the best information available at the time rectly related to the course of study if the (4) EFFECTIVE DATE.—The amendments the alien spouse is hired.’’. participating employer— made by this subsection shall take effect as (b) ELIMINATING IMPEDIMENTS TO WORKER ‘‘(i) confirms to the university that the if enacted on October 1, 2017, and shall apply MOBILITY.— employer is compensating the nonimmigrant to fiscal years beginning with fiscal year (1) EFFECT OF NEW JOB SITE.—Section as similarly situated United States workers; 2018. 214(c)(10) of the Immigration and Nationality and (b) ADJUSTMENT OF STATUS FOR EMPLOY- Act (8 U.S.C. 1184(c)(10)) is amended to read ‘‘(ii) documents to the university that the MENT-BASED IMMIGRANTS.—Section 245 of the as follows: nonimmigrant’s assignments will provide ex- Immigration and Nationality Act (8 U.S.C. ‘‘(10) An amended H–1B petition shall not periential learning to further the non- 1255) is amended by adding at the end the fol- be required if— immigrant’s knowledge of the major field in lowing: ‘‘(A) the petitioning employer is involved the course of study. ‘‘(n) ADJUSTMENT OF STATUS FOR EMPLOY- in a corporate restructuring, including a ‘‘(B) Optional post-completion practical MENT BASED IMMIGRANTS.— merger, acquisition, or consolidation; training under this paragraph is only avail- ‘‘(1) PETITION.—Any alien, and any eligible ‘‘(B) a new corporate entity succeeds to the able once at each degree level, and only if dependent of such alien, who has an approved interests and obligations of the original peti- the United States university awarding the petition for immigrant status, may file an tioning employer and the terms and condi- degree was accredited at the time such de- application with the Secretary of Homeland tions of employment remain the same except gree was awarded in the United States. Security for adjustment of status regardless for the identity of the petitioner; or ‘‘(C)(i) Except as provided in clause (ii), op- of whether an immigrant visa is imme- ‘‘(C) the nonimmigrant worker begins tional post-completion practical training is diately available at the time the application working at a new place of employment for available for a period of not more than 12 is filed. which the petitioner has secured a valid, cer- months, which shall begin not later than 60 ‘‘(2) SUPPLEMENTAL FEE.—If a visa is not tified Labor Condition Application before days after the alien’s graduation from the immediately available at the time an appli- the nonimmigrant worker began working at university. cation is filed under paragraph (1), the bene- such place of employment.’’. ‘‘(ii) Nonimmigrants described in clause (i) ficiary of such application shall pay a sup- (2) DEFERENCE TO PRIOR APPROVALS.—Sec- or (iii) of section 101(a)(F) may extend op- plemental fee of $500, which shall be depos- tion 214(c) of the Immigration and Nation- tional practical training under this para- ited into the H–1B Nonimmigrant Petitioner ality Act, as amended by paragraph (1) and graph for a period of not more than an addi- Account established under section 286(s). subsection (a), is further amended by adding tional 24 months if— This fee shall not be collected from any de- at the end the following: ‘‘(I) such training immediately follows the pendent accompanying or following to join ‘‘(15) If the Secretary of Homeland Secu- completion of a degree in a field of science, such beneficiary. rity or the Secretary of State approves a technology, engineering, or mathematics; ‘‘(3) AVAILABILITY.—An application filed visa, petition, or application for admission and under this subsection may not be approved on behalf of an alien described in subpara- ‘‘(II) such extension is requested before the until the date on which an immigrant visa graph (H)(i)(b) or (L) of section 101(a)(15), the expiration of the 12-month period described becomes available.’’. Secretary of Homeland Security or the Sec- in clause (i).’’. retary of State may not deny a subsequent SA 1964. Mr. HATCH submitted an petition, visa, or application for admission SA 1965. Mr. PAUL submitted an amendment intended to be proposed by involving the same employer and alien un- amendment intended to be proposed by

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00117 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.021 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S1046 CONGRESSIONAL RECORD — SENATE February 14, 2018 him to the bill H.R. 2579, to amend the with the largest aggregate numbers of na- Sec. 1209. DNA testing. Internal Revenue Code of 1986 to allow tives obtaining immigrant visas during fiscal Sec. 1210. Access to NCIC criminal history the premium tax credit with respect to year 2016 under such paragraphs. database for diplomatic visas. Sec. 1211. Elimination of signed photograph unsubsidized COBRA continuation cov- (C) For fiscal year 2021, 10 percent of the immigrant visas made available under each requirement for visa applica- erage; which was ordered to lie on the of such paragraphs shall be allotted to immi- tions. table; as follows: grants who are natives of a foreign state or Sec. 1212. Additional fraud detection and At the appropriate place, insert the fol- dependent area that was not 1 of the 2 states prevention. lowing: with the largest aggregate numbers of na- TITLE II—INTERIOR IMMIGRATION SEC. ll. FAIRNESS FOR HIGH-SKILLED IMMI- tives obtaining immigrant visas during fiscal ENFORCEMENT GRANTS. year 2017 under such paragraphs. Subtitle A—New Illegal Deduction (a) SHORT TITLE.—This section may be (2) PER-COUNTRY LEVELS.— Eliminations cited as the ‘‘Fairness for High-Skilled Im- (A) RESERVED VISAS.—The number of visas Sec. 2101. Clarification that wages paid to migrants Act of 2018’’. reserved under each of subparagraphs (A) unauthorized aliens may not be (b) NUMERICAL LIMITATION TO ANY SINGLE through (C) of paragraph (1) made available deducted from gross income. FOREIGN STATE.—Section 202(a)(2) of the Im- to natives of any single foreign state or de- Sec. 2102. Modification of E-Verify Program. migration and Nationality Act (8 U.S.C. pendent area in the appropriate fiscal year 1152(a)(2)) is amended to read as follows: may not exceed 25 percent (in the case of a Subtitle B—Sanctuary Cities and State and ‘‘(2) PER COUNTRY LEVELS FOR FAMILY-SPON- single foreign state) or 2 percent (in the case Local Law Enforcement Cooperation SORED IMMIGRANTS.—Subject to paragraphs of a dependent area) of the total number of Sec. 2201. Short title. (3) and (4), the total number of immigrant such visas. Sec. 2202. State noncompliance with en- visas made available to natives of any single (B) UNRESERVED VISAS.—Not more than 85 forcement of immigration law. foreign state or dependent area under section percent of the immigrant visas made avail- Sec. 2203. Clarifying the authority of U.S. 203(a) in any fiscal year may not exceed 15 able under each of paragraphs (2) and (3) of Immigration and Customs En- percent (in the case of a single foreign state) section 203(b) of the Immigration and Na- forcement detainers. or 2 percent (in the case of a dependent area) tionality Act (8 U.S.C. 1153(b)) and not re- Sec. 2204. Sarah and Grant’s law. of the total number of such visas made avail- served under paragraph (1), for each of the Sec. 2205. Clarification of congressional in- able under such section in that fiscal year.’’. fiscal years 2017, 2018, and 2019, may be allot- tent. (c) CONFORMING AMENDMENTS.—Section 202 ted to immigrants who are natives of any Sec. 2206. Penalties for illegal entry or pres- of such Act (8 U.S.C. 1152) is amended— single foreign state. ence. (1) in subsection (a)— (3) SPECIAL RULE TO PREVENT UNUSED Subtitle C—Criminal Aliens (A) in paragraph (3), by striking ‘‘both sub- VISAS.—If, with respect to fiscal year 2017, Sec. 2301. Precluding admissibility of aliens sections (a) and (b) of section 203’’ and in- 2018, or 2019, the application of paragraphs (1) convicted of aggravated felo- serting ‘‘section 203(a)’’; and and (2) would prevent the total number of nies or other serious offenses. (B) by striking paragraph (5); and immigrant visas made available under para- Sec. 2302. Increased penalties barring the ad- (2) by amending subsection (e) to read as graph (2) or (3) of section 203(b) of the Immi- mission of convicted sex offend- follows: gration and Nationality Act (8 U.S.C. 1153(b)) ers failing to register and re- ‘‘(e) SPECIAL RULES FOR COUNTRIES AT from being issued, such visas may be issued quiring deportation of sex of- CEILING.—If the total number of immigrant during the remainder of such fiscal year visas made available under section 203(a) to fenders failing to register. without regard to paragraphs (1) and (2). Sec. 2303. Grounds of inadmissibility and de- natives of any single foreign state or depend- (4) RULES FOR CHARGEABILITY.—Section portability for alien gang mem- ent area will exceed the numerical limita- 202(b) of the Immigration and Nationality bers. tion specified in subsection (a)(2) in any fis- Act (8 U.S.C. 1152(b)) shall apply in deter- Sec. 2304. Inadmissibility and deportability cal year, immigrant visas shall be allotted to mining the foreign state to which an alien is of drunk drivers. such natives under section 203(a) (to the ex- chargeable for purposes of this subsection. Sec. 2305. Definition of aggravated felony. tent practicable and otherwise consistent Sec. 2306. Precluding withholding of removal with this section and section 203) in a man- SA 1966. Mr. PAUL submitted an for aggravated felons. ner so that, except as provided in subsection amendment intended to be proposed by Sec. 2307. Protecting immigrants from con- (a)(4), the proportion of the visas made avail- him to the bill H.R. 2579, to amend the victed sex offenders. able under each of paragraphs (1) through (4) Sec. 2308. Clarification to crimes of violence of section 203(a) is equal to the ratio of the Internal Revenue Code of 1986 to allow the premium tax credit with respect to and crimes involving moral tur- total visas made available under the respec- pitude. tive paragraph to the total visas made avail- unsubsidized COBRA continuation cov- Sec. 2309. Detention of dangerous aliens. able under section 203(a).’’. erage; which was ordered to lie on the Sec. 2310. Timely repatriation. (d) COUNTRY-SPECIFIC OFFSET.—Section 2 of table; as follows: Sec. 2311. Illegal reentry. the Chinese Student Protection Act of 1992 (8 Strike all after the enacting clause and in- U.S.C. 1255 note) is amended— Subtitle D—Asylum Reform sert the following: (1) in subsection (a), by striking ‘‘(as de- Sec. 2401. Clarification of intent regarding fined in subsection (e))’’; SECTION 1. TABLE OF CONTENTS. taxpayer-provided counsel. The table of contents for this Act is as fol- (2) by striking subsection (d); and Sec. 2402. Credible fear interviews. lows: (3) by redesignating subsection (e) as sub- Sec. 2403. Recording expedited removal and section (d). Sec. 1. Table of contents. credible fear interviews. (e) EFFECTIVE DATE.—The amendments TITLE I—LEGAL IMMIGRATION REFORM Sec. 2404. Safe third country. made by subsections (b) through (d) shall Subtitle A—Immigrant Visa Allocations and Sec. 2405. Renunciation of asylum status take effect on September 30, 2018, and shall Priorities pursuant to return to home country. apply to fiscal year 2019 and to each subse- Sec. 1101. Family-sponsored immigration quent fiscal year. Sec. 2406. Notice concerning frivolous asy- priorities. lum applications. (f) TRANSITION RULES FOR EMPLOYMENT- Sec. 1102. Elimination of diversity visa pro- BASED IMMIGRANTS.— Sec. 2407. Anti-fraud investigative work gram. product. (1) IN GENERAL.—Subject to paragraphs (2) Sec. 1103. Employment-based immigration Sec. 2408. Penalties for asylum fraud. through (4), and notwithstanding title II of priorities. Sec. 2409. Statute of limitations for asylum the Immigration and Nationality Act (8 Sec. 1104. Waiver of rights by B visa non- fraud. U.S.C. 1151 et seq.), the following rules shall immigrants. Sec. 2410. Technical amendments. apply: Subtitle B—Visa Security (A) For fiscal year 2019, 15 percent of the Subtitle E—Unaccompanied and Accom- Sec. 1201. Cancellation of additional visas. immigrant visas made available under each panied Alien Minors Apprehended Along Sec. 1202. Visa information sharing. the Border of paragraphs (2) and (3) of section 203(b) of Sec. 1203. Restricting waiver of visa inter- such Act (8 U.S.C. 1153(b)) shall be allotted to views. Sec. 2501. Repatriation of unaccompanied immigrants who are natives of a foreign Sec. 1204. Authorizing the Department of alien children. state or dependent area that was not 1 of the State to not interview certain Sec. 2502. Special immigrant juvenile status 2 states with the largest aggregate numbers ineligible visa applicants. for immigrants unable to re- of natives obtaining immigrant visas during Sec. 1205. Visa refusal and revocation. unite with either parent. fiscal year 2015 under such paragraphs. Sec. 1206. Petition and application proc- Sec. 2503. Jurisdiction of asylum applica- (B) For fiscal year 2020, 10 percent of the essing for visas and immigra- tions. immigrant visas made available under each tion benefits. Sec. 2504. Quarterly report to Congress. of such paragraphs shall be allotted to immi- Sec. 1207. Fraud prevention. Sec. 2505. Biannual report to Congress. grants who are natives of a foreign state or Sec. 1208. Visa ineligibility for spouses and Sec. 2506. Clarification of standards for fam- dependent area that was not 1 of the 2 states children of drug traffickers. ily detention.

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TITLE III—BORDER ENFORCEMENT TITLE I—LEGAL IMMIGRATION REFORM ‘‘(2) LIMITATION.—Notwithstanding the age Sec. 3001. Short title. Subtitle A—Immigrant Visa Allocations and of an alien on the date on which a petition is Priorities filed, an alien who marries or attains 25 Subtitle A—Border Security years of age before being issued a visa pursu- SEC. 1101. FAMILY-SPONSORED IMMIGRATION Sec. 3101. Definitions. PRIORITIES. ant to subsection (a)(2) or (d), no longer sat- isfies the age requirement described in para- CHAPTER 1—INFRASTRUCTURE AND EQUIPMENT (a) IMMEDIATE RELATIVE REDEFINED.—Sec- graph (1).’’; and tion 201 of the Immigration and Nationality Sec. 3111. Strengthening the requirements (5) in paragraph (5), as redesignated, by Act (8 U.S.C. 1151) is amended— for barriers along the southern striking ‘‘(3)’’ and inserting ‘‘(4)’’. (1) in subsection (b)(2)(A)— border. (d) CONFORMING AMENDMENTS.— (A) in clause (i), by striking ‘‘children, Sec. 3112. Air and Marine Operations flight (1) DEFINITION OF V NONIMMIGRANT.—Sec- hours. spouses, and parents of a citizen of the tion 101(a)(15)(V) of the Immigration and Na- United States, except that, in the case of Sec. 3113. Capability deployment to specific tionality Act (8 U.S.C. 1101(a)(15)(V)) is parents, such citizens shall be at least 21 sectors and transit zone. amended by striking ‘‘section 203(a)(2)(A)’’ years of age.’’ and inserting ‘‘children and Sec. 3114. U.S. Border Patrol activities. each place such term appears and inserting spouse of a citizen of the United States.’’; Sec. 3115. Border security technology pro- ‘‘section 203(a)’’. and (2) NUMERICAL LIMITATION TO ANY SINGLE gram management. (B) in clause (ii), by striking ‘‘such an im- Sec. 3116. Reimbursement of States for de- FOREIGN STATE.—Section 202 of such Act (8 mediate relative’’ and inserting ‘‘the imme- U.S.C. 1152) is amended— ployment of the National Guard diate relative spouse of a United States cit- at the southern border. (A) in subsection (a)(4)— izen’’; (i) by striking subparagraphs (A) and (B) Sec. 3117. National Guard support to secure (2) by amending subsection (c) to read as and inserting the following: the southern border. follows: ‘‘(A) 75 PERCENT OF FAMILY-SPONSORED IM- Sec. 3118. Prohibitions on actions that im- ‘‘(c) WORLDWIDE LEVEL OF FAMILY-SPON- MIGRANTS NOT SUBJECT TO PER COUNTRY LIMI- pede border security on certain SORED IMMIGRANTS.—(1) The worldwide level TATION.—Of the visa numbers made available Federal land. of family-sponsored immigrants under this under section 203(a) in any fiscal year, 75 per- Sec. 3119. Landowner and rancher security subsection for a fiscal year is equal to 87,934 cent shall be issued without regard to the enhancement. minus the number computed under para- numerical limitation under paragraph (2). Sec. 3120. Eradication of carrizo cane and graph (2). ‘‘(B) TREATMENT OF REMAINING 25 PERCENT salt cedar. ‘‘(2) The number computed under this para- FOR COUNTRIES SUBJECT TO SUBSECTION (e).— Sec. 3121. Southern border threat analysis. graph for a fiscal year is the number of ‘‘(i) IN GENERAL.—Of the visa numbers Sec. 3122. Amendments to U.S. Customs and aliens who were paroled into the United made available under section 203(a) in any Border Protection. States under section 212(d)(5) in the second fiscal year, 25 percent shall be available, in Sec. 3123. Agent and officer technology use. preceding fiscal year who— the case of a foreign state or dependent area Sec. 3124. Integrated Border Enforcement ‘‘(A) did not depart from the United States that is subject to subsection (e) only to the Teams. (without advance parole) within 365 days; extent that the total number of visas issued Sec. 3125. Tunnel Task Forces. and in accordance with subparagraph (A) to na- ‘‘(B)(i) did not acquire the status of an Sec. 3126. Pilot program on use of electro- tives of the foreign state or dependent area alien lawfully admitted to the United States magnetic spectrum in support is less than the subsection (e) ceiling. for permanent residence during the two pre- of border security operations. ‘‘(ii) SUBSECTION (e) CEILING DEFINED.—In ceding fiscal years; or clause (i), the term ‘subsection (e) ceiling’ Sec. 3127. Homeland security foreign assist- ‘‘(ii) acquired such status during such pe- means, for a foreign state or dependent area, ance. riod under a provision of law (other than 77 percent of the maximum number of visas CHAPTER 2—PERSONNEL subsection (b)) that exempts adjustment to that may be made available under section Sec. 3131. Additional U.S. Customs and Bor- such status from the numerical limitation 203(a) to immigrants who are natives of the der Protection agents and offi- on the worldwide level of immigration under state or area, consistent with subsection cers. this section.’’; and (e).’’; and Sec. 3132. U.S. Customs and Border Protec- (3) in subsection (f)— (ii) by striking subparagraphs (C) and (D); tion retention incentives. (A) in paragraph (2), by striking ‘‘section and Sec. 3133. Anti-Border Corruption Reauthor- 203(a)(2)(A)’’ and inserting ‘‘section 203(a)’’; (B) in subsection (e)— ization Act. (B) by striking paragraph (3); (i) in paragraph (1), by adding ‘‘and’’ at the end; Sec. 3134. Training for officers and agents of (C) by redesignating paragraph (4) as para- (ii) by striking paragraph (2); U.S. Customs and Border Pro- graph (3); and (iii) by redesignating paragraph (3) as para- tection. (D) in paragraph (3), as redesignated, by striking ‘‘(1) through (3)’’ and inserting ‘‘(1) graph (2); and CHAPTER 3—GRANTS and (2)’’. (iv) in the undesignated matter after para- Sec. 3141. Operation Stonegarden. (b) FAMILY-BASED VISA PREFERENCES.— graph (2), as redesignated, by striking ‘‘, re- Section 203(a) of the Immigration and Na- spectively,’’ and all that follows and insert- CHAPTER 4—AUTHORIZATION OF tionality Act (8 U.S.C. 1153(a)) is amended to ing a period. APPROPRIATIONS read as follows: (3) PROCEDURE FOR GRANTING IMMIGRANT Sec. 3151. Authorization of appropriations. ‘‘(a) SPOUSES AND MINOR CHILDREN OF PER- STATUS.—Section 204 of such Act (8 U.S.C. Subtitle B—Emergency Port of Entry MANENT RESIDENT ALIENS.—Family-spon- 1154) is amended— Personnel and Infrastructure Funding sored immigrants described in this sub- (A) in subsection (a)(1)— (i) in subparagraph (A)(i), by striking ‘‘to Sec. 3201. Ports of entry infrastructure. section are qualified immigrants who are the spouse or a child of an alien lawfully admit- classification by reason of a relationship de- Sec. 3202. Secure communications. ted for permanent residence and shall be al- scribed in paragraph (1), (3), or (4) of section Sec. 3203. Border security deployment pro- located visas in accordance with the number 203(a) or’’; gram. computed under section 201(c).’’. (ii) in subparagraph (B)— Sec. 3204. Non-intrusive inspection oper- (c) AGING OUT.—Section 203(h) of the Immi- (I) in clause (i), by redesignating the sec- ational demonstration. gration and Nationality Act (8 U.S.C. 1153(h)) ond subclause (I) as subclause (II); and Sec. 3205. Biometric exit data system. is amended— (II) by striking ‘‘203(a)(2)(A)’’ each place Sec. 3206. Sense of Congress on cooperation (1) by striking ‘‘(a)(2)(A)’’ each place such such terms appear and inserting ‘‘203(a)’’; between agencies. term appears and inserting ‘‘(a)(2)’’; and Sec. 3207. Authorization of appropriations. (2) by amending paragraph (1) to read as (iii) in subparagraph (D)(i)(I), by striking Sec. 3208. Definition. follows: ‘‘a petitioner’’ and all that follows through TITLE IV—LAWFUL STATUS FOR ‘‘(1) IN GENERAL.—Subject to paragraph (2), ‘‘section 204(a)(1)(B)(iii).’’ and inserting ‘‘an CERTAIN CHILDHOOD ARRIVALS for purposes of subsections (a)(2) and (d), a individual younger than 21 years of age for determination of whether an alien satisfies purposes of adjudicating such petition and Sec. 4101. Definitions. the age requirement in the matter preceding for purposes of admission as an immediate Sec. 4102. Contingent nonimmigrant status subparagraph (A) of section 101(b)(1) shall be relative under section 201(b)(2)(A)(i) or a for certain aliens who entered made using the age of the alien on the date family-sponsored immigrant under section the United States as minors. on which a petition is filed with the Sec- 203(a), as appropriate, notwithstanding the Sec. 4103. Administrative and judicial re- retary of Homeland Security.’’; actual age of the individual.’’; view. (3) by redesignating paragraphs (2) through (B) in subsection (f)(1), by striking ‘‘, Sec. 4104. Penalties and signature require- (4) as paragraphs (3) through (5), respec- 203(a)(1), or 203(a)(3), as appropriate’’; and ments. tively; (C) by striking subsection (k). Sec. 4105. Rulemaking. (4) by inserting after paragraph (1) the fol- (4) WAIVERS OF INADMISSIBILITY.—Section Sec. 4106. Statutory construction. lowing: 212 of such Act (8 U.S.C. 1182) is amended—

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00119 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.025 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S1048 CONGRESSIONAL RECORD — SENATE February 14, 2018 (A) in subsection (a)(6)(E)(ii), by striking a parent of a United States citizen, or under (II) in paragraph (2)(B), by striking ‘‘sub- ‘‘section 203(a)(2)’’ and inserting ‘‘section paragraph (1), (2)(B), (3) or (4) of section section (a), (b), or (c)’’ and inserting ‘‘sub- 203(a)’’; and 203(a) of such Act (8 U.S.C. 1153(a)). Any ap- section (a) or (b)’’; (B) in subsection (d)(11), by striking plication for adjustment of status or an im- (D) in section 204— ‘‘(other than paragraph (4) thereof)’’. migrant visa based on such a petition shall (i) in subsection (a)(1), by striking subpara- (5) EMPLOYMENT OF V NONIMMIGRANTS.— be invalid. graph (I); Section 214(q)(1)(B)(i) of such Act (8 U.S.C. (B) PENDING PETITIONS.—Neither the Sec- (ii) in subsection (e), by striking ‘‘sub- 1184(q)(1)(B)(i)) is amended by striking ‘‘sec- retary of Homeland Security nor the Sec- section (a), (b), or (c) of section 203’’ and in- tion 203(a)(2)(A)’’ each place such term ap- retary of State may adjudicate or approve serting ‘‘subsection (a) or (b) of section 203’’; pears and inserting ‘‘section 203(a)’’. any petition under section 204 of the Immi- and (6) DEFINITION OF ALIEN SPOUSE.—Section gration and Nationality Act (8 U.S.C. 1154) (iii) in subsection (l)(2)— 216(h)(1)(C) of such Act (8 U.S.C. pending as of the date of enactment of this (I) in subparagraph (B), by striking ‘‘sec- 1186a(h)(1)(C)) is amended by striking ‘‘sec- Act seeking classification of an alien under tion 203 (a) or (d)’’ and inserting ‘‘subsection tion 203(a)(2)’’ and inserting ‘‘section 203(a)’’. section 201(b)(2)(A)(i) (8 U.S.C. (a) or (c) of section 203’’; and (7) CLASSES OF DEPORTABLE ALIENS.—Sec- 1151(b)(2)(A)(i)) with respect to a parent of a (II) in subparagraph (C), by striking ‘‘sec- tion 237(a)(1)(E)(ii) of such Act (8 U.S.C. United States citizen, or under paragraph (1), tion 203(d)’’ and inserting ‘‘section 203(c)’’; 1227(a)(1)(E)(ii)) is amended by striking ‘‘sec- (2)(B), (3) or (4) of section 203(a) of such Act (E) in section 214(q)(1)(B)(i), by striking tion 203(a)(2)’’ and inserting ‘‘section 203(a)’’. (8 U.S.C. 1153(a)). Any application for adjust- ‘‘section 203(d)’’ and inserting ‘‘section (e) CREATION OF NONIMMIGRANT CLASSIFICA- ment of status or an immigrant visa based 203(c)’’; TION FOR ALIEN PARENTS OF ADULT UNITED on such a petition shall be invalid. (F) in section 216(h)(1), in the undesignated STATES CITIZENS.— (3) APPLICABILITY TO WAITLISTED APPLI- matter following subparagraph (C), by strik- (1) IN GENERAL.—Section 101(a)(15) of the CANTS.— ing ‘‘section 203(d)’’ and inserting ‘‘section Immigration and Nationality Act (8 U.S.C. (A) IN GENERAL.—Notwithstanding the 203(c)’’; and 1101(a)(15)) is amended— amendments made by this section, an alien (G) in section 245(i)(1)(B), by striking ‘‘sec- (A) in subparagraph (T)(ii)(III), by striking with regard to whom a petition or applica- tion 203(d)’’ and inserting ‘‘section 203(c)’’. the period at the end and inserting a semi- tion for status under paragraph (1), (2)(B), (3) (2) IMMIGRANT INVESTOR PILOT PROGRAM.— colon; or (4) of section 203(a) of the Immigration Section 610(d) of the Departments of Com- (B) in subparagraph (U)(iii), by striking and Nationality Act (8 U.S.C. 1153(a)), as in merce, Justice, and State, the Judiciary, and ‘‘or’’ at the end; effect on September 30, 2018, was approved Related Agencies Appropriations Act, 1993 (C) in subparagraph (V)(ii)(II), by striking prior to the date of the enactment of this (Public Law 102–395) is amended by striking the period at the end and inserting ‘‘; or’’; Act, may be issued a visa pursuant to that ‘‘section 203(e) of such Act (8 U.S.C. 1153(e))’’ and paragraph in accordance with the avail- and inserting ‘‘section 203(d) of such Act (8 (D) by adding at the end the following: ability of visas under subparagraph (B). U.S.C. 1153(d))’’. ‘‘(W) Subject to section 214(s), an alien who (B) AVAILABILITY OF VISAS.—Visas may be (c) EFFECTIVE DATE.—The amendments is a parent of a citizen of the United States, issued to beneficiaries of approved petitions made by this section shall take effect on the if the citizen— under each category described in subpara- first day of the first fiscal year beginning on ‘‘(i) is at least 21 years of age; and graph (A), but only until such time as the or after the date of the enactment of this ‘‘(ii) has never received contingent non- number of visas that would have been allo- Act. cated to that category in fiscal year 2019, immigrant status under title IV of the Se- SEC. 1103. EMPLOYMENT-BASED IMMIGRATION curing America’s Future Act of 2018.’’. notwithstanding the amendments made by PRIORITIES. this section, have been issued. When the (2) CONDITIONS ON ADMISSION.—Section 214 (a) INCREASE IN VISAS FOR SKILLED WORK- number of visas described in the previous of such Act (8 U.S.C. 1184) is amended by add- ERS.—The Immigration and Nationality Act ing at the end the following: sentence have been issued for each category (8 U.S.C. 1101 et seq.) is amended— ‘‘(s)(1) The initial period of authorized ad- described in subparagraph (A), no additional (1) in section 201(d)(1)(A), by striking mission for a nonimmigrant described in sec- visas may be issued for that category. ‘‘140,000’’ and inserting ‘‘195,000’’; and tion 101(a)(15)(W) shall be 5 years, but may be SEC. 1102. ELIMINATION OF DIVERSITY VISA PRO- (2) in section 203(b)— extended by the Secretary of Homeland Se- GRAM. (A) in paragraph (1), by striking ‘‘28.6 per- (a) IN GENERAL.—Section 203 of the Immi- curity for additional 5-year periods if the cent of such worldwide level’’ and inserting gration and Nationality Act (8 U.S.C. 1153) is United States citizen son or daughter of the ‘‘58,374’’; amended by striking subsection (c). nonimmigrant is still residing in the United (B) in paragraphs (2) and (3), by striking States. (b) TECHNICAL AND CONFORMING AMEND- MENTS.— ‘‘28.6 percent of such worldwide level’’ each ‘‘(2) A nonimmigrant described in section place it appears and inserting ‘‘58,373’’; and 101(a)(15)(W)— (1) IMMIGRATION AND NATIONALITY ACT.— The Immigration and Nationality Act (8 (C) by striking ‘‘7.1 percent of such world- ‘‘(A) is not authorized to be employed in wide level’’ each place it appears and insert- the United States; and U.S.C. 1101 et seq.) is amended— (A) in section 101(a)(15)(V), by striking ing ‘‘9,940’’. ‘‘(B) is not eligible for any Federal, State, (b) EFFECTIVE DATE.—The amendments or local public benefit. ‘‘section 203(d)’’ and inserting ‘‘section 203(c)’’; made by subsection (a) shall take effect on ‘‘(3) Regardless of the resources of a non- October 1, 2019 and shall apply to visas made immigrant described in section 101(a)(15)(W), (B) in section 201— (i) in subsection (a)— available in fiscal year 2019 and subsequent the United States citizen son or daughter fiscal years. who sponsored the nonimmigrant parent (I) in paragraph (1), by adding ‘‘and’’ at the SEC. 1104. WAIVER OF RIGHTS BY B VISA NON- shall be responsible for the nonimmigrant’s end; and (II) by striking paragraph (3); and IMMIGRANTS. support while the nonimmigrant resides in Section 101(a)(15)(B) of the Immigration (ii) by striking subsection (e); the United States. and Nationality Act (8 U.S.C. 1101(a)(15)(B)) ‘‘(4) An alien is ineligible to receive a visa (C) in section 203— is amended by inserting ‘‘, and who has or to be admitted into the United States as (i) in subsection (b)(2)(B)(ii)(IV), by strik- waived any right to review or appeal of an a nonimmigrant described in section ing ‘‘section 203(b)(2)(B)’’ each place such immigration officer’s determination as to 101(a)(15)(W) unless the alien provides satis- term appears and inserting ‘‘clause (i)’’; the admissibility of the alien at the port of factory proof that the United States citizen (ii) by redesignating subsections (d), (e), entry into the United States, or to contest, son or daughter has arranged for health in- (f), (g), and (h) as subsections (c), (d), (e), (f), other than on the basis of an application for surance coverage for the alien, at no cost to and (g), respectively; asylum, any action for removal of the alien’’ the alien, during the anticipated period of (iii) in subsection (c), as redesignated, by before the semicolon at the end. the alien’s residence in the United States.’’. striking ‘‘subsection (a), (b), or (c)’’ and in- (f) EFFECTIVE DATE; APPLICABILITY.— serting ‘‘subsection (a) or (b)’’; Subtitle B—Visa Security (1) EFFECTIVE DATE.—The amendments (iv) in subsection (d), as redesignated— SEC. 1201. CANCELLATION OF ADDITIONAL VISAS. made by this section shall take effect on Oc- (I) by striking paragraph (2); and (a) IN GENERAL.—Section 222(g) of the Im- tober 1, 2018. (II) by redesignating paragraph (3) as para- migration and Nationality Act (8 U.S.C. (2) INVALIDITY OF CERTAIN PETITIONS AND graph (2); 1202(g)) is amended— APPLICATIONS.— (v) in subsection (e), as redesignated, by (1) in paragraph (1)— (A) IN GENERAL.—No person may file, and striking ‘‘subsection (a), (b), or (c) of this (A) by striking ‘‘Attorney General’’ and in- the Secretary of Homeland Security and the section’’ and inserting ‘‘subsection (a) or serting ‘‘Secretary’’; and Secretary of State may not accept, adju- (b)’’; (B) by inserting ‘‘and any other non- dicate, or approve any petition under section (vi) in subsection (f), as redesignated, by immigrant visa issued by the United States 204 of the Immigration and Nationality Act striking ‘‘subsections (a), (b), and (c)’’ and that is in the possession of the alien’’ after (8 U.S.C. 1154) filed on or after the date of en- inserting ‘‘subsections (a) and (b)’’; and ‘‘such visa’’; and actment of this Act seeking classification of (vii) in subsection (g), as redesignated— (2) in paragraph (2)(A), by striking ‘‘(other an alien under section 201(b)(2)(A)(i) of such (I) by striking ‘‘(d)’’ each place such term than the visa described in paragraph (1)) Act (8 U.S.C. 1151(b)(2)(A)(i)) with respect to appears and inserting ‘‘(c)’’; and issued in a consular office located in the

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00120 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.025 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S1049 country of the alien’s nationality’’ and in- high risk of degradation of visa program in- ride a decision by the Secretary of Homeland serting ‘‘(other than a visa described in para- tegrity.’’. Security under subsection (b).’’. graph (1)) issued in a consular office located SEC. 1204. AUTHORIZING THE DEPARTMENT OF (2) AUTHORITY OF THE SECRETARY OF in the country of the alien’s nationality or STATE TO NOT INTERVIEW CERTAIN STATE.—Section 221(i) of the Immigration foreign residence’’. INELIGIBLE VISA APPLICANTS. and Nationality Act (8 U.S.C. 1201(i)) is (b) EFFECTIVE DATE.—The amendment (a) IN GENERAL.—Section 222(h)(1) of the amended by striking ‘‘subsection, except in made by subsection (a) shall take effect on Immigration and Nationality Act (8 U.S.C. the context of a removal proceeding if such the date of the enactment of this Act and 1202(h)(1)) is amended by inserting ‘‘the alien revocation provides the sole ground for re- shall apply to any visa issued before, on, or is determined by the Secretary of State to be moval under section 237(a)(1)(B).’’ and insert- after such date. ineligible for a visa based upon review of the ing ‘‘subsection.’’. SEC. 1202. VISA INFORMATION SHARING. application or’’ after ‘‘unless’’. (3) CONFORMING AMENDMENT.—Section (b) GUIDANCE.—Not later than 90 days after (a) IN GENERAL.—Section 222(f) of the Im- 237(a)(1)(B) of the Immigration and Nation- the date of the enactment of this Act, the migration and Nationality Act (8 U.S.C. ality Act (8 U.S.C. 1227(a)(1)(B)) is amended Secretary of State shall issue guidance to by striking ‘‘under section 221(i)’’. 1202(f)(2)) is amended— consular officers on the standards and proc- (1) by striking ‘‘issuance or refusal’’ and (4) EFFECTIVE DATE.—The amendment esses for implementing the authority to deny made by paragraph (1) shall take effect on inserting ‘‘issuance, refusal, or revocation’’; visa applications without interview in cases (2) in paragraph (2), in the matter pre- the date of the enactment of this Act and where the alien is determined by the Sec- shall apply to visa refusals and revocations ceding subparagraph (A), by striking ‘‘and on retary of State to be ineligible for a visa the basis of reciprocity’’ and all that follows occurring before, on, or after such date. based upon review of the application. (b) TECHNICAL CORRECTIONS TO THE HOME- and inserting the following ‘‘may provide to (c) REPORTS.—Not less frequently than LAND SECURITY ACT.—Section 428(a) of the a foreign government information in a De- quarterly, the Secretary of State shall sub- Homeland Security Act of 2002 (6 U.S.C. partment of State computerized visa data- mit a report to Congress regarding the denial 236(a)) is amended— base and, when necessary and appropriate, of visa applications without interview, in- (1) by striking ‘‘subsection’’ and inserting other records covered by this section related cluding— ‘‘section’’; and to information in such database—’’; (1) the number of such denials; and (2) by striking ‘‘consular office’’ and in- (3) in paragraph (2)(A)— (2) a post-by-post breakdown of such deni- serting ‘‘consular officer’’. (A) by inserting at the beginning ‘‘on the als. SEC. 1206. PETITION AND APPLICATION PROC- basis of reciprocity,’’; SEC. 1205. VISA REFUSAL AND REVOCATION. (B) by inserting ‘‘(i)’’ after ‘‘for the pur- ESSING FOR VISAS AND IMMIGRA- (a) AUTHORITY OF THE SECRETARY OF HOME- TION BENEFITS. pose of’’; and LAND SECURITY AND THE SECRETARY OF (a) IN GENERAL.—Chapter 2 of title II of the (C) by striking ‘‘illicit weapons; or’’ and in- STATE.— Immigration and Nationality Act (8 U.S.C. serting ‘‘illicit weapons, or (ii) determining a (1) IN GENERAL.—Section 428 of the Home- 1181 et seq.) is amended by inserting after person’s deportability or eligibility for a land Security Act of 2002 (6 U.S.C. 236) is section 211 the following: visa, admission, or other immigration ben- amended by striking subsections (b) and (c) ‘‘SEC. 211A. PETITION AND APPLICATION PROC- efit;’’; and inserting the following: ESSING. (4) in paragraph (2)(B)— ‘‘(b) AUTHORITY OF THE SECRETARY OF ‘‘(a) SIGNATURE REQUIREMENT.— (A) by inserting at the beginning ‘‘on the HOMELAND SECURITY.— ‘‘(1) IN GENERAL.—No petition or applica- basis of reciprocity,’’; ‘‘(1) IN GENERAL.—Notwithstanding section tion filed with the Secretary of Homeland (B) by striking ‘‘in the database’’ and in- 104(a) of the Immigration and Nationality Security or with a consular officer relating serting ‘‘such database’’; Act (8 U.S.C. 1104(a)) or any other provision to the issuance of a visa or to the admission (C) by striking ‘‘for the purposes’’ and in- of law, and except as provided in subsection of an alien to the United States as an immi- serting ‘‘for one of the purposes’’; and (c) and except for the authority of the Sec- grant or as a nonimmigrant may be approved (D) by striking ‘‘or to deny visas to persons retary of State under subparagraphs (A) and unless the petition or application is signed who would be inadmissible to the United (G) of section 101(a)(15) of the Immigration by each party required to sign such petition States.’’ and inserting ‘‘; or’’; and and Nationality Act (8 U.S.C. 1101(a)(15)), the or application. (5) in paragraph (2), by adding at the end Secretary— ‘‘(2) APPLICATIONS FOR IMMIGRANT VISAS.— the following: ‘‘(A) shall have exclusive authority to Except as may be otherwise prescribed by ‘‘(C) with regard to any or all aliens in the issue regulations, establish policy, and ad- regulations, each application for an immi- database specified data elements from each minister and enforce the provisions of the grant visa shall be signed by the applicant in record, if the Secretary of State determines Immigration and Nationality Act (8 U.S.C. the presence of the consular officer, and that it is in the national interest to provide 1101 et seq.) and all other immigration or na- verified by the oath of the applicant admin- such information to a foreign government.’’. tionality laws relating to the functions of istered by the consular officer. (b) EFFECTIVE DATE.—The amendments consular officers of the United States in con- ‘‘(b) COMPLETION REQUIREMENT.—No peti- made by subsection (a) shall take effect 60 nection with the granting and refusal of a tion or application filed with the Secretary days after the date of the enactment of this visa; and of Homeland Security or with a consular of- Act. ‘‘(B) may refuse or revoke any visa to any ficer relating to the issuance of a visa or to SEC. 1203. RESTRICTING WAIVER OF VISA INTER- alien or class of aliens if the Secretary, or the admission of an alien to the United VIEWS. designee, determines that such refusal or States as an immigrant or as a non- Section 222(h) of the Immigration and Na- revocation is necessary or advisable in the immigrant may be approved unless each ap- tionality Act (8 U.S.C. 1202(h)(1)(B)) is security or foreign policy interests of the plicable portion of the petition or applica- amended— United States. tion has been completed. (1) in paragraph (1)(C), by inserting ‘‘, in ‘‘(2) EFFECT OF REVOCATION.—The revoca- ‘‘(c) TRANSLATION REQUIREMENT.—No docu- consultation with the Secretary of Homeland tion of any visa under paragraph (1)(B)— ment submitted in support of a petition or Security,’’ after ‘‘if the Secretary’’; ‘‘(A) shall take effect immediately; and application for a nonimmigrant or immi- (2) in paragraph (1)(C)(i), by inserting ‘‘, ‘‘(B) shall automatically cancel any other grant visa may be accepted by a consular of- where such national interest shall not in- valid visa that is in the alien’s possession. ficer if such document contains information clude facilitation of travel of foreign nation- ‘‘(3) JUDICIAL REVIEW.—Notwithstanding in a foreign language, unless such document als to the United States, reduction of visa any other provision of law, including section is accompanied by a full English translation, application processing times, or the alloca- 2241 of title 28, United States Code, or any which the translator has certified as com- tion of consular resources’’ before the semi- other habeas corpus provision, and sections plete and accurate, and by the translator’s colon at the end; and 1361 and 1651 of such title, no court shall certification that he or she is competent to (3) in paragraph (2)— have jurisdiction to review a decision by the translate from the foreign language into (A) by striking ‘‘or’’ at the end of subpara- Secretary of Homeland Security to refuse or English. graph (E); revoke a visa, and no court shall have juris- ‘‘(d) REQUESTS FOR ADDITIONAL INFORMA- (B) by striking the period at the end of diction to hear any claim arising from, or TION.—If the Secretary of Homeland Security subparagraph (F) and inserting ‘‘; or’’; and any challenge to, such a refusal or revoca- or a consular officer requests any additional (C) by adding at the end the following: tion. information relating to a petition or applica- ‘‘(G) is an individual— ‘‘(c) AUTHORITY OF THE SECRETARY OF tion filed with the Secretary or consular offi- ‘‘(i) determined to be in a class of aliens STATE.— cer relating to the issuance of a visa or to determined by the Secretary of Homeland ‘‘(1) IN GENERAL.—The Secretary of State the admission of an alien to the United Security to be threats to national security; may direct a consular officer to refuse a visa States as an immigrant or as a non- ‘‘(ii) identified by the Secretary of Home- requested by an alien if the Secretary of immigrant, such petition or application may land Security as a person of concern; or State determines such refusal to be nec- not be approved unless all of the additional ‘‘(iii) applying for a visa in a visa category essary or advisable in the security or foreign information requested— with respect to which the Secretary of policy interests of the United States. ‘‘(1) is provided on or before any reason- Homeland Security has determined that a ‘‘(2) LIMITATION.—No decision by the Sec- ably established deadline included in the re- waiver of the visa interview would create a retary of State to approve a visa may over- quest; or

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00121 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.025 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S1050 CONGRESSIONAL RECORD — SENATE February 14, 2018 ‘‘(2) is shown to have been previously pro- is necessary to establish a family relation- deduction under this section by reason of vided, in complete form.’’. ship, the immigrant shall provide DNA evi- this paragraph, the Secretary shall bear the (b) CLERICAL AMENDMENT.—The table of dence of such a relationship in accordance burden of proving that wages were paid to or contents for the Immigration and Nation- with procedures established for submitting on behalf of an unauthorized alien. ality Act (8 U.S.C. 1101 et seq.) is amended by such evidence. The Secretary of Homeland ‘‘(E) LIMITATION ON TAXPAYER AUDIT.—The inserting after the item relating to section Security, in consultation with the Secretary Secretary may not commence an audit or 211 the following: of State, may issue regulations to require other investigation of a taxpayer solely on ‘‘Sec. 211A. Petition and application proc- DNA evidence from applicants for certain the basis of a deduction taken under this sec- essing.’’. visa classifications to establish family rela- tion by reason of this paragraph.’’. (c) APPLICATION.—The amendments made tionships.’’ after ‘‘by the consular officer.’’. (b) SIX-YEAR LIMITATION ON ASSESSMENT by this section shall apply with respect to SEC. 1210. ACCESS TO NCIC CRIMINAL HISTORY AND COLLECTION.—Subsection (c) of section applications and petitions filed after the DATABASE FOR DIPLOMATIC VISAS. 6501 of the Internal Revenue Code of 1986 (re- date of the enactment of this Act. Subsection (a) of article V of section 217 of lating to exceptions) is amended by adding the National Criminal History Access and SEC. 1207. FRAUD PREVENTION. at the end the following new paragraph: Child Protection Act (34 U.S.C. 40316(V)(a)) is (a) PROSPECTIVE ANALYTICS TECHNOLOGY.— ‘‘(12) DEDUCTION CLAIMED FOR WAGES PAID amended by inserting ‘‘, except for diplo- TO UNAUTHORIZED ALIENS.—In the case of a (1) PLAN FOR IMPLEMENTATION.—Not later matic visa applications for which only full return of tax on which a deduction is shown than 180 days after the date of the enactment biographical information is required’’ before in violation of section 162(c)(4), any tax of this Act, the Secretary of Homeland Secu- the period at the end. rity shall submit a plan to the Committee on under chapter 1 may be assessed, or a pro- SEC. 1211. ELIMINATION OF SIGNED PHOTO- ceeding in court for the collection of such the Judiciary of the Senate and the Com- GRAPH REQUIREMENT FOR VISA AP- mittee on the Judiciary of the House of Rep- PLICATIONS. tax may be begun without assessment, at resentatives for the use of advanced ana- Section 221(b) of the Immigration and Na- any time within 6 years after the return was lytics software to ensure the proactive detec- tionality Act (8 U.S.C. 1201(b)) is amended by filed.’’. tion of fraud in immigration benefits appli- striking the first sentence and insert the fol- (c) USE OF DOCUMENTATION FOR ENFORCE- cations and petitions and to ensure that any lowing: ‘‘Each alien who applies for a visa MENT PURPOSES.—Section 274A of the Immi- such applicant or petitioner does not pose a shall be registered in connection with his or gration and Nationality Act (8 U.S.C. 1324a) threat to national security. her application and shall furnish copies of is amended— (2) IMPLEMENTATION OF PLAN.—Not later his or her photograph for such use as may be (1) in subparagraph (b)(5), by inserting ‘‘, than 1 year after the date of the submission required by regulation.’’. section 162(c)(4) of the Internal Revenue Code of the plan under paragraph (1), the Sec- SEC. 1212. ADDITIONAL FRAUD DETECTION AND of 1986,’’ after ‘‘enforcement of this Act’’; retary of Homeland Security shall begin im- PREVENTION. (2) in subparagraph (d)(2)(F), by inserting plementing the plan. Section 286(v)(2)(A) of the Immigration and ‘‘, section 162(c)(4) of the Internal Revenue (b) BENEFITS FRAUD ASSESSMENT.— Nationality Act (8 U.S.C. 1356(v)(2)(A)) is Code of 1986,’’ after ‘‘enforcement of this (1) IN GENERAL.—Not later than September amended— Act’’; and 30, 2021, the Secretary of Homeland Security, (1) in the matter preceding clause (i), by (3) in subparagraph (d)(2)(G), by inserting acting through the Fraud Detection and Na- striking ‘‘at United States embassies and ‘‘section 162(c)(4) of the Internal Revenue tionality Security Directorate, shall com- consulates abroad’’; Code of 1986 or’’ after ‘‘or enforcement of’’. plete a benefit fraud assessment on— (2) by amending clause (i) to read as fol- (d) AVAILABILITY OF INFORMATION.— (A) petitions by VAWA self-petitioners (as lows: (1) IN GENERAL.—The Commissioner of So- defined in section 101(a)(51) of the Immigra- ‘‘(i) to increase the number of diplomatic cial Security, the Secretary of the Depart- tion and Nationality Act (8 U.S.C. security personnel assigned exclusively or ment of Homeland Security, and the Sec- 1101(a)(51)); primarily to the function of preventing and retary of the Treasury, shall jointly estab- (B) applications or petitions for visas or detecting visa fraud;’’; and lish a program to share information among status under section 101(a)(15)(K) of such Act (3) in clause (ii), by striking ‘‘, including such agencies that may or could lead to the or under section 201(b)(2) of such Act (8 primarily fraud by applicants for visas de- identification of unauthorized aliens (as de- U.S.C. 1151(b)(2), in the case of spouses; scribed in subparagraph (H)(i), (H)(ii), or (L) fined under section 274A(h)(3) of the Immi- (C) applications for visas or status under of section 101(a)(15)’’. gration and Nationality Act), including any section 101(a)(27)(J) of such Act; TITLE II—INTERIOR IMMIGRATION no-match letter, any information in the (D) applications for visas or status under ENFORCEMENT earnings suspense file, and any information section 101(a)(15)(U) of such Act; Subtitle A—New Illegal Deduction in the investigation and enforcement of sec- (E) petitions for visas or status under sec- Eliminations tion 162(c)(4) of the Internal Revenue Code of tion 101(a)(27)(C) of such Act; 1986. (F) applications for asylum under section SEC. 2101. CLARIFICATION THAT WAGES PAID TO UNAUTHORIZED ALIENS MAY NOT (2) DISCLOSURE BY SECRETARY OF THE 208 of such Act (8 U.S.C. 1158); BE DEDUCTED FROM GROSS IN- TREASURY.— (G) applications for adjustment of status COME. (A) IN GENERAL.—Subsection (i) of section under section 209 of such Act (8 U.S.C. 1159); (a) IN GENERAL.—Subsection (c) of section 6103 of the Internal Revenue Code of 1986 is and 162 of the Internal Revenue Code of 1986 (re- amended by adding at the end the following (H) petitions for visas or status under sec- lating to illegal bribes, kickbacks, and other new paragraph: tion 201(b) of such Act (8 U.S.C. 1151(b)). payments) is amended by adding at the end ‘‘(9) PAYMENT OF WAGES TO UNAUTHORIZED (2) REPORTING ON FINDINGS.—Not later than the following new paragraph: ALIENS.—Upon request from the Commis- 30 days after the completion of each benefit ‘‘(4) WAGES PAID TO OR ON BEHALF OF UNAU- sioner of the Social Security Administration fraud assessment under paragraph (1), the THORIZED ALIENS.— or the Secretary of the Department of Home- Secretary shall submit a report to the Com- ‘‘(A) IN GENERAL.—No deduction shall be land Security, the Secretary shall disclose to mittee on the Judiciary of the Senate and allowed under subsection (a) for any wage officers and employees of such Administra- the Committee on the Judiciary of the House paid to or on behalf of an unauthorized alien, tion or Department— of Representatives that includes— as defined under section 274A(h)(3) of the Im- ‘‘(A) taxpayer identity information of em- (A) the results of such assessment; and migration and Nationality Act (8 U.S.C. ployers who paid wages with respect to (B) recommendations for reducing in- 1324a(h)(3)). which a deduction was not allowed by reason stances of fraud identified by the assess- ‘‘(B) WAGES.—For the purposes of this of section 162(c)(4), and ment. paragraph, the term ‘wages’ means all remu- ‘‘(B) taxpayer identity information of indi- SEC. 1208. VISA INELIGIBILITY FOR SPOUSES AND neration for employment, including the cash viduals to whom such wages were paid, CHILDREN OF DRUG TRAFFICKERS. value of all remuneration (including bene- for purposes of carrying out any enforcement Section 202(a)(2) of the Immigration and fits) paid in any medium other than cash. activities of such Administration or Depart- Nationality Act (8 U.S.C. 1182(a)(2)) is ‘‘(C) SAFE HARBOR.—If a person or other en- ment with respect to such employers or indi- amended— tity is participating in the E-Verify Program viduals.’’. (1) in subparagraph (C)(ii), by striking ‘‘is described in section 403(a) of the Illegal Im- (B) RECORDKEEPING.—Paragraph (4) of sec- the spouse, son, or daughter’’ and inserting migration Reform and Immigrant Responsi- tion 6103(p) of such Code is amended— ‘‘is or has been the spouse, son, or daughter’’; bility Act of 1996 (8 U.S.C. 1324a note) and ob- (i) by striking ‘‘(5), or (7)’’ in the matter and tains confirmation of identity and employ- preceding subparagraph (A) and inserting (2) in subparagraph (H)(ii), by striking ‘‘is ment eligibility in compliance with the ‘‘(5), (7), or (9)’’, and the spouse, son, or daughter’’ and inserting terms and conditions of the program with re- (ii) by striking ‘‘(5) or (7)’’ in subparagraph ‘‘is or has been the spouse, son, or daughter’’. spect to the hiring (or recruitment or refer- (F)(ii) and inserting ‘‘(5), (7), or (9)’’. SEC. 1209. DNA TESTING. ral) of an employee, subparagraph (A) shall (e) EFFECTIVE DATE.— Section 222(b) of the Immigration and Na- not apply with respect to wages paid to such (1) Except as provided in paragraph (2), this tionality Act (8 U.S.C. 1202(b)) is amended by employee. Act and the amendments made by this Act inserting ‘‘If the consular officer or immi- ‘‘(D) BURDEN OF PROOF.—In the case of any shall take effect on the date of the enact- gration official considers that DNA evidence examination of a return in connection with a ment of this Act.

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00122 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.025 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S1051 (2) The amendments made by subsections SEC. 2202. STATE NONCOMPLIANCE WITH EN- transfer an alien with a final order of re- (a) and (b) shall apply to taxable years begin- FORCEMENT OF IMMIGRATION LAW. moval pursuant to paragraph (1)(A) or (5) of ning after December 31, 2017. (a) IN GENERAL.—Section 642 of the Illegal section 241(a) of the Immigration and Na- SEC. 2102. MODIFICATION OF E-VERIFY PRO- Immigration Reform and Immigrant Respon- tionality Act (8 U.S.C. 1231(a)) to a State or GRAM. sibility Act of 1996 (8 U.S.C. 1373) is amend- a political subdivision of a State that is not (a) MAKING PERMANENT.—Subsection (b) of ed— in compliance with subsection (a) or (b). section 401 of the Illegal Immigration Re- (1) by striking subsections (a) and (b) and ‘‘(4) ANNUAL DETERMINATION.—The Sec- form and Immigrant Responsibility Act of inserting the following: retary shall— 1996 (8 U.S.C. 1324a note) is amended by ‘‘(a) IN GENERAL.—Notwithstanding any ‘‘(A) determine, for each calendar year, striking the last sentence. other provision of Federal, State, or local which States or political subdivisions of a (b) APPLICATION TO CURRENT EMPLOYEES.— law, no Federal, State, or local government State are not in compliance with subsection (1) VOLUNTARY ELECTION.—The first sen- entity, and no individual, may prohibit or in (a) or (b); and tence of section 402(a) of such Act is amend- any way restrict, a Federal, State, or local ‘‘(B) report such determinations to Con- ed to read as follows: ‘‘Any person or other government entity, official, or other per- gress not later than March 1 of the suc- sonnel from complying with the immigration entity that conducts any hiring (or recruit- ceeding calendar year. ment or referral) in a State or employs any laws (as defined in section 101(a)(17) of the ‘‘(5) NONCOMPLIANCE REPORTS.— individuals in a State may elect to partici- Immigration and Nationality Act (8 U.S.C. ‘‘(A) IN GENERAL.—The Secretary of Home- 1101(a)(17))), or from assisting or cooperating pate in the E-Verify Program.’’. land Security shall issue a report concerning with Federal law enforcement entities, offi- (2) BENEFIT OF REBUTTABLE PRESUMPTION.— the compliance with subsections (a) and (b) cials, or other personnel regarding the en- Paragraph (1) of section 402(b) of such Act is of any particular State or political subdivi- forcement of these laws. amended by adding at the end the following: sion of a State at the request of the Com- ‘‘If a person or other entity is participating ‘‘(b) LAW ENFORCEMENT ACTIVITIES.—Not- mittee on the Judiciary of the Senate or the in the E-Verify Program and obtains con- withstanding any other provision of Federal, Committee on the Judiciary of the House of firmation of identity and employment eligi- State, or local law, no Federal, State, or Representatives. bility in compliance with the terms and con- local government entity, and no individual, ‘‘(B) TERM OF INELIGIBILITY.—Any jurisdic- ditions of the program with respect to indi- may prohibit, or in any way restrict, a Fed- tion that is not in compliance with sub- viduals employed by the person or entity, eral, State, or local government entity, offi- section (a) or (b) shall be ineligible to receive the person or entity has established a rebut- cial, or other personnel from undertaking the Federal financial assistance described in table presumption that the person or entity any of the following law enforcement activi- paragraph (1) for at least 1 year. has not violated section 274A(a)(2) with re- ties relating to information regarding the ‘‘(C) CERTIFICATION.—Any jurisdiction sub- spect to such individuals.’’. citizenship or immigration status, the inad- ject to paragraph (1) is not eligible to receive (3) SCOPE OF ELECTION.—Subparagraph (A) missibility, the deportability, or the custody of section 402(c)(2) of such Act is amended to status, of any individual: the Federal financial assistance described in read as follows: ‘‘(1) Making inquiries to any individual in such paragraph until after the Secretary of Homeland Security certifies that the juris- ‘‘(A) IN GENERAL.—Any electing person or order to obtain such information regarding other entity may provide that the election such individual or any other individuals. diction has come into compliance with sub- under subsection (a) shall apply (during the ‘‘(2) Notifying the Federal Government re- sections (a) and (b). period in which the election is in effect)— garding the presence of individuals who are ‘‘(6) REALLOCATION.—Any funds that are ‘‘(i) to all its hiring (and all recruitment or encountered by law enforcement officials or not allocated to a State or to a political sub- referral); other personnel of a State or political sub- division of a State due to the failure of the ‘‘(ii) to all its hiring (and all recruitment division of a State. State or of the political subdivision of the or referral and all individuals employed by ‘‘(3) Complying with requests for such in- State to comply with subsection (a) or (b) the person or entity); formation from Federal law enforcement en- shall be reallocated to States or to political ‘‘(iii) to all its hiring (and all recruitment tities, officials, or other personnel.’’; subdivisions of States that comply with both or referral) in one or more States or one or (2) in subsection (c), by striking ‘‘Immigra- such subsections. ‘‘(e) CONSTRUCTION.—Nothing in this sec- more places of hiring (or recruitment or re- tion and Naturalization Service’’ and insert- tion may be construed to require law en- ferral, as the case may be); or ing ‘‘Department of Homeland Security’’; forcement officials from States, or from po- ‘‘(iv) to all its hiring (and all recruitment and litical subdivisions of States, to report or ar- or referral and all individuals employed by (3) by adding at the end the following: rest victims or witnesses of a criminal of- the person or entity) in one or more States ‘‘(d) COMPLIANCE.— fense.’’. or one or more place of hiring (or recruit- ‘‘(1) ELIGIBILITY FOR CERTAIN GRANT PRO- (b) EFFECTIVE DATE.—The amendments ment or referral or employment, as the case GRAMS.—A State, or a political subdivision of made by this section shall take effect on the may be).’’. a State, that is not in compliance with sub- date of the enactment of this Act, except (4) PROCEDURES FOR PARTICIPANTS IN E- section (a) or (b) is not eligible to receive— that section 642(d) of the Illegal Immigration VERIFY PROGRAM.—Subsection (a) of section ‘‘(A) any of the funds that would otherwise Reform and Immigrant Responsibility Act of 403 of such Act is amended— be allocated to the State or political subdivi- 1996, as added by subsection (a)(3), shall only (A) in the matter preceding paragraph (1), sion under section 241(i) of the Immigration apply to prohibited acts committed on or by inserting ‘‘or continued employment in and Nationality Act (8 U.S.C. 1231(i)), the after such date of enactment. the United States’’ after ‘‘United States’’; ‘Cops on the Beat’ program under part Q of and SEC. 2203. CLARIFYING THE AUTHORITY OF U.S. title I of the Omnibus Crime Control and IMMIGRATION AND CUSTOMS EN- (B) in paragraph (3)— Safe Streets Act of 1968 (34 U.S.C. 10381 et FORCEMENT DETAINERS. (i) in subparagraph (A), by striking all that seq.), or the Edward Byrne Memorial Justice (a) IN GENERAL.—Section 287(d) of the Im- follows ‘‘(as specified by the Secretary of Assistance Grant Program under subpart 1 of migration and Nationality Act (8 U.S.C. Homeland Security)’’ and inserting ‘‘after part E of title I of the Omnibus Crime Con- 1357(d)) is amended to read as follows: the date of the hiring, or recruitment or re- trol and Safe Streets Act of 1968 (34 U.S.C. ‘‘(d) DETAINER OF INADMISSIBLE OR DEPORT- ferral, in the case of inquiries made pursuant 10151 et seq.); or ABLE ALIENS.— to a hiring, recruitment or referral (and not ‘‘(B) any other grant administered by the ‘‘(1) IN GENERAL.—If an individual is ar- of previously hired individuals).’’; and Department of Justice that is substantially rested by any Federal, State, or local law en- (ii) in subparagraph (B), by striking ‘‘such related to law enforcement (including en- forcement official or other personnel for the 3 working days’’ and inserting ‘‘the specified forcement of the immigration laws), immi- alleged violation of any criminal or motor period’’. gration, enforcement of the immigration vehicle law, the Secretary may issue a de- (c) APPLICATION TO JOB APPLICANTS.—Sec- laws, or naturalization or administered by tainer regarding the individual to any Fed- tion 402(c)(2) of such Act is amended by add- the Department of Homeland Security that eral, State, or local law enforcement entity, ing at the end the following: is substantially related to immigration, the official, or other personnel if the Secretary ‘‘(C) JOB OFFER MAY BE MADE CONDITIONAL enforcement of the immigration laws, or nat- has probable cause to believe that the indi- ON FINAL CONFIRMATION BY E-VERIFY.—A per- uralization. vidual is an inadmissible or deportable alien. son or other entity that elects to participate ‘‘(2) TRANSFER OF CUSTODY OF ALIENS PEND- ‘‘(2) PROBABLE CAUSE.—Probable cause is in the E-Verify Program may offer a prospec- ING REMOVAL PROCEEDINGS.—The Secretary, established under paragraph (1) if— tive employee an employment position con- at the Secretary’s discretion, may decline to ‘‘(A) the individual who is the subject of ditioned on final verification of the identity transfer an alien in the custody of the De- the detainer— and employment eligibility of the employee partment of Homeland Security to a State or ‘‘(i) matches, pursuant to biometric con- using the employment eligibility confirma- political subdivision of a State that is not in firmation or other Federal database records, tion system established under section 404.’’. compliance with subsection (a) or (b), re- the identity of an alien who the Secretary Subtitle B—Sanctuary Cities and State and gardless of whether the State or political has reasonable grounds to believe to be inad- Local Law Enforcement Cooperation subdivision of the State has issued a writ or missible or deportable; SEC. 2201. SHORT TITLE. warrant. ‘‘(ii) is the subject of ongoing removal pro- This subtitle may be cited as the ‘‘No ‘‘(3) TRANSFER OF CUSTODY OF CERTAIN ceedings, including matters where a charging Sanctuary for Criminals Act’’. ALIENS PROHIBITED.—The Secretary may not document has already been served;

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00123 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.025 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S1052 CONGRESSIONAL RECORD — SENATE February 14, 2018

‘‘(iii) has previously been ordered removed pursuant to section 287(d)(1) of the Immigra- (2) EXCEPTION.—A political entity de- from the United States and such an order is tion and Nationality Act (8 U.S.C. 1357(d)(1)); scribed in subsection (c)(3) that declines to administratively final; or (B) has in effect a statute, policy, or prac- honor a detainer issued pursuant to section ‘‘(iv) has made voluntary statements or tice not in compliance with section 642 of the 287(d)(1) of the Immigration and Nationality provided reliable evidence that indicate that Illegal Immigration Reform and Immigrant Act (8 U.S.C. 1357(d)(1)) as a consequence of they are an inadmissible or deportable alien; Responsibility Act of 1996 (8 U.S.C. 1373) as being required to comply with a statute or or amended, and as a consequence of its stat- other legal requirement of a State or an- ‘‘(B) the Secretary has reasonable grounds ute, policy, or practice, released the alien other political subdivision with jurisdiction to believe that the individual who is the sub- from custody before the commission of such over that political subdivision, shall remain ject of the detainer is an inadmissible or de- crime; or eligible to receive grant funds described in portable alien. (C) has in effect a statute, policy, or prac- paragraph (1), but the State or political sub- ‘‘(3) TRANSFER OF CUSTODY.—If the Federal, tice requiring a subordinate political sub- division that enacted such statute or other State, or local law enforcement entity, offi- division to decline to honor any or all de- legal requirement shall not be eligible to re- cial, or other personnel to whom a detainer tainers issued pursuant to section 287(d)(1) of ceive such funds. is issued complies with the detainer and de- the Immigration and Nationality Act (8 SEC. 2204. SARAH AND GRANT’S LAW. tains for purposes of transfer of custody to U.S.C. 1357(d)(1)), and, as a consequence of its (a) DETENTION OF ALIENS DURING REMOVAL the Department of Homeland Security the statute, policy or practice, the subordinate PROCEEDINGS.— individual who is the subject of the detainer, political subdivision declined to honor a de- (1) CLERICAL AMENDMENTS.—Section 236 of the Department may take custody of the in- tainer issued pursuant to such section, and the Immigration and Nationality Act (8 dividual within 48 hours (excluding weekends as a consequence released the alien from cus- U.S.C. 1226) is amended— and holidays), but in no instance more than tody before the commission of such crime. (A) by striking ‘‘Attorney General’’ each 96 hours, following the date that the indi- (2) LIMITATIONS ON BRINGING ACTION.—An place it appears (except in the second place vidual is otherwise to be released from the action may not be brought under this sub- that term appears in subsection (a)) and in- custody of the relevant Federal, State, or section later than 10 years after the occur- serting ‘‘Secretary of Homeland Security’’; local law enforcement entity.’’. rence of the crime, or the death of a person and (B) in subsection (a)— (b) IMMUNITY.— as a result of such crime, whichever occurs (i) in the matter preceding paragraph (1), (1) IN GENERAL.—A State or a political sub- later. division of a State (and the officials and per- (3) PROPER DEFENDANT.—If a State or a po- by inserting ‘‘the Secretary of Homeland Se- sonnel of the State or subdivision acting in litical subdivision of a State has in effect a curity or’’ before ‘‘the Attorney General’’; their official capacities), and a nongovern- statute or other legal requirement prohib- and mental entity (and its personnel) contracted iting political entities within its jurisdiction (ii) in paragraph (2), by amending subpara- graph (B) to read as follows: by the State or political subdivision for the from honoring a detainer issued pursuant to ‘‘(B) recognizance; and’’; purpose of providing detention, acting in section 287(d)(1) of the Immigration and Na- (C) in subsection (b), by striking ‘‘parole’’ compliance with a Department of Homeland tionality Act (8 U.S.C. 1357(d)(1)) or from and inserting ‘‘recognizance’’; and Security detainer issued pursuant to this fully complying with section 642 of the Ille- (D) in subsection (e), by striking ‘‘Attor- section who temporarily holds an alien in its gal Immigration Reform and Immigrant Re- ney General’s’’ and inserting ‘‘Secretary of custody pursuant to the terms of a detainer sponsibility Act of 1996 (8 U.S.C. 1373) and a Homeland Security’s’’. so that the alien may be taken into the cus- political entity declines to honor such a de- (2) DETENTION OF CRIMINAL ALIENS.—Sec- tody of the Department of Homeland Secu- tainer against an alien described in para- graph (1) based on such statute or legal re- tion 236(c)(1) of such Act (8 U.S.C. 1226(c)(1)) rity, shall be considered to be acting under is amended— quirement and releases such alien before the color of Federal authority for purposes of de- (A) in subparagraph (A), by striking the alien commits a crime referred to in such termining their liability and shall be held comma at the end and inserting a semicolon; paragraph— harmless for their compliance with the de- (B) in subparagraph (B), by striking the (A) the State or political subdivision that tainer in any suit seeking any punitive, com- comma at the end and inserting a semicolon; enacted such statute or legal requirement pensatory, or other monetary damages. (C) subparagraph (C), by striking ‘‘sentence shall be deemed to be the proper defendant in (2) FEDERAL GOVERNMENT AS DEFENDANT.— to a term of imprisonment of at least 1 year, a cause of action under paragraph (1); and In any civil action arising out of the compli- or’’ and inserting ‘‘sentenced to a term of (B) no such cause of action may be main- ance with a Department of Homeland Secu- imprisonment of at least 1 year;’’; tained against the political entity that de- rity detainer by a State or a political sub- (D) in subparagraph (D), by striking the division of a State (and the officials and per- clined to honor the detainer. comma at the end and inserting a semicolon; sonnel of the State or subdivision acting in (4) ATTORNEY’S FEE AND OTHER COSTS.—In (E) by inserting after subparagraph (D) the their official capacities), or a nongovern- any action or proceeding under this sub- following: mental entity (and its personnel) contracted section, the court shall allow a prevailing ‘‘(E) is unlawfully present in the United by the State or political subdivision for the plaintiff a reasonable attorneys’ fee as part States and has been convicted for driving purpose of providing detention, the United of the costs, including expert fees. while intoxicated (including a conviction for States Government shall be the proper party (d) ELIGIBILITY FOR CERTAIN GRANT PRO- driving while under the influence or im- named as the defendant in the suit in regard GRAMS.— paired by alcohol or drugs) without regard to to the detention resulting from compliance (1) IN GENERAL.—Except as provided in whether the conviction is classified as a mis- with the detainer. paragraph (2), a State or political subdivi- demeanor or felony under State law; (3) BAD FAITH EXCEPTION.—Paragraphs (1) sion of a State that has in effect a statute, ‘‘(F)(i)(I) is inadmissible under section and (2) shall not apply to any mistreatment policy, or practice that prohibits it from 212(a)(6)(i); of an individual by a State or a political sub- complying with any or all Department of ‘‘(II) is deportable by reason of a visa rev- division of a State (and the officials and per- Homeland Security detainers issued pursu- ocation under section 221(i); or sonnel of the State or subdivision acting in ant to section 287(d)(1) of the Immigration ‘‘(III) is deportable under section their official capacities), or a nongovern- and Nationality Act (8 U.S.C. 1357(d)) shall 237(a)(1)(C)(i); and mental entity (and its personnel) contracted not be eligible to receive— ‘‘(ii) has been arrested or charged with a by the State or political subdivision for the (A) any of the funds that would otherwise particularly serious crime or a crime result- purpose of providing detention. be allocated to the State or political subdivi- ing in the death or serious bodily injury (as (c) PRIVATE RIGHT OF ACTION.— sion under section 241(i) of the Immigration defined in section 1365(h)(3) of title 18, United (1) CAUSE OF ACTION.—Any individual, or a and Nationality Act (8 U.S.C. 1231(i)), the States Code) of another person; or’’; and spouse, parent, or child of that individual (if ‘‘Cops on the Beat’’ program under part Q of (F) by striking the undesignated matter at the individual is deceased), who is the victim title I of the Omnibus Crime Control and the end and inserting the following: of a murder, rape, or any felony, as defined Safe Streets Act of 1968 (34 U.S.C. 10301 et ‘‘any time after the alien is released, with- by the State, for which an alien (as defined seq.), or the Edward Byrne Memorial Justice out regard to whether an alien is released re- in section 101(a)(3) of the Immigration and Assistance Grant Program under subpart 1 of lated to any activity, offense, or conviction Nationality Act (8 U.S.C. 1101(a)(3))) has been part E of title I of the Omnibus Crime Con- described in this paragraph whether the convicted and sentenced to a term of impris- trol and Safe Streets Act of 1968 (34 U.S.C. alien is released on parole, supervised re- onment of at least 1 year, may bring an ac- 10151 et seq.); or lease, or probation, or whether the alien may tion against a State, a political subdivision (B) any other grant administered by the be arrested or imprisoned again for the same of a State, or a public official, acting in an Department of Justice that is substantially offense, and, if the activity described in this official capacity, in the appropriate Federal related to law enforcement (including en- paragraph does not result in the alien being court if the State or political subdivision, forcement of the immigration laws), immi- taken into custody by any person other than except as provided in paragraph (3)— gration, or naturalization or grant adminis- the Secretary, the Secretary shall take such (A) released the alien from custody prior to tered by the Department of Homeland Secu- alien into custody when the alien is brought the commission of such crime as a con- rity that is substantially related to immi- to the attention of the Secretary or when sequence of the State or political subdivi- gration, enforcement of the immigration the Secretary determines it is practical to sion’s declining to honor a detainer issued laws, or naturalization. take such alien into custody.’’.

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00124 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.025 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S1053

(3) LENGTH OF DETENTION; ADMINISTRATIVE thereof, or any other reasonable model the tion laws, agriculture laws, or shipping REVIEW.—Section 236 of such Act (8 U.S.C. State or political subdivision believes is best laws); 1226) is amended by adding at the end the fol- suited to the immigration enforcement needs ‘‘(D) violates the terms or conditions of the lowing: of its jurisdiction. alien’s admission or parole into the United ‘‘(f) LENGTH OF DETENTION.— ‘‘(3) No Federal program or technology di- States and has remained in violation for an ‘‘(1) IN GENERAL.—Notwithstanding any rected broadly at identifying inadmissible or aggregate period of 90 days or more; or other provision of this section, an alien may deportable aliens shall substitute for such ‘‘(E) is unlawfully present in the United be detained, and, if the alien is described in agreements, including those establishing a States (as defined in section 212(a)(9)(B)) and subsection (c), shall be detained, under this jail model, and shall operate in addition to has remained in violation for an aggregate section without time limitation, except as any agreement under this subsection. period of 90 days or more. provided in subsection (h), during the pend- ‘‘(4)(A) No agreement under this subsection ‘‘(2) CRIMINAL PENALTIES.—Any alien who ency of removal proceedings. shall be terminated absent a compelling rea- violates any provision under paragraph (1)— ‘‘(2) CONSTRUCTION.—The length of deten- son. ‘‘(A) shall, for the first violation, be fined tion under this section shall not affect a de- ‘‘(B)(i) The Secretary shall provide a State under title 18, United States Code, impris- tention under section 241. or political subdivision written notice of in- oned not more than 6 months, or both; ‘‘(g) ADMINISTRATIVE REVIEW.—The Attor- tent to terminate at least 180 days prior to ‘‘(B) shall, for a second or subsequent vio- ney General’s review of the Secretary’s cus- date of intended termination, and the notice lation, or following an order of voluntary de- tody determinations under subsection (a) shall fully explain the grounds for termi- parture, be fined under such title, impris- shall be limited to whether the alien may be nation, along with providing evidence sub- oned not more than 2 years (or not more detained, released on bond (of at least $1,500 stantiating the Secretary’s allegations. than 6 months in the case of a second or sub- with security approved by the Secretary), or ‘‘(ii) The State or political subdivision sequent violation of paragraph (1)(E)), or released with no bond if the alien— shall have the right to a hearing before an both; ‘‘(1) is in exclusion proceedings; administrative law judge and, if the ruling is ‘‘(C) if the violation occurred after the ‘‘(2) is described in section 212(a)(3) or against the State or political subdivision, to alien had been convicted of 3 or more mis- 237(a)(4); or appeal the ruling to the Federal Circuit demeanors or for a felony, shall be fined ‘‘(3) is described in subsection (c). Court of Appeals and, if the ruling is against under such title, imprisoned not more than ‘‘(h) RELEASE ON BOND.— the State or political subdivision, to petition 10 years, or both; ‘‘(1) IN GENERAL.—An alien detained under the Supreme Court for certiorari. ‘‘(D) if the violation occurred after the subsection (a) may seek release on bond. ‘‘(C) The agreement shall remain in full ef- alien had been convicted of a felony for Bond may not be granted unless the alien es- fect during the course of any and all legal which the alien received a term of imprison- tablishes, by clear and convincing evidence, proceedings.’’; and ment of not less than 30 months, shall be that the alien is not a flight risk or a danger (5) by inserting after paragraph (5), as re- fined under such title, imprisoned not more to another person or to the community. designated, the following: than 15 years, or both; and ‘‘(2) CERTAIN ALIENS INELIGIBLE.—An alien ‘‘(6) The Secretary of Homeland Security ‘‘(E) if the violation occurred after the detained under subsection (c) may not seek shall make training of State and local law alien had been convicted of a felony for release on bond.’’. enforcement officers available through as which the alien received a term of imprison- (b) EFFECTIVE DATE.—The amendments many means as possible, including through ment of not less than 60 months, such alien made by subsection (a) shall take effect on residential training at the Center for Domes- shall be fined under such title, imprisoned the date of the enactment of this Act and tic Preparedness and the Federal Law En- not more than 20 years, or both. shall apply to any alien in detention under forcement Training Center, onsite training ‘‘(3) PRIOR CONVICTIONS.—The prior convic- section 236 of the Immigration and Nation- held at State or local police agencies or fa- tions described in subparagraphs (C) through ality Act, as amended, or otherwise subject cilities, online training courses by computer, (E) of paragraph (2) are elements of the of- to the provisions of such section, on or after teleconferencing, and videotape, or the dig- fenses described and the penalties in such such date. ital video display (DVD) of a training course subparagraphs shall apply only in cases in SEC. 2205. CLARIFICATION OF CONGRESSIONAL or courses. Distance learning through a se- INTENT. which the conviction or convictions that Section 287(g) of the Immigration and Na- cure, encrypted, distributed learning system form the basis for the additional penalty tionality Act (8 U.S.C. 1357(g)) is amended— that has all its servers based in the United are— (1) in paragraph (1) by striking ‘‘may States, is scalable, survivable, and can have ‘‘(A) alleged in the indictment or informa- enter’’ and all that follows through the pe- a portal in place not later than 30 days after tion; and riod at the end and inserting the following: the date of the enactment of the Securing ‘‘(B) proven beyond a reasonable doubt at ‘‘shall enter into a written agreement with a America’s Future Act of 2018, shall be made trial or admitted by the defendant. State, or any political subdivision of a State, available by the COPS Office of the Depart- ‘‘(4) DURATION OF OFFENSE.—An offense upon request of the State or political sub- ment of Justice and the Federal Law En- under this subsection continues until the division, pursuant to which officers or em- forcement Training Center Distributed alien is discovered within the United States ployees of the State or subdivision, who are Learning Program for State and local law by an immigration, customs, or agriculture determined by the Secretary to be qualified enforcement personnel. Preference shall be officer, or until the alien is granted a valid to perform a function of an immigration offi- given to private sector-based, web-based im- visa or relief from removal. cer in relation to the investigation, appre- migration enforcement training programs ‘‘(5) ATTEMPT.—Whoever attempts to com- hension, or detention of aliens in the United for which the Federal Government has al- mit any offense under this section shall be States (including the transportation of such ready provided support to develop.’’. punished in the same manner as for a com- aliens across State lines to detention cen- SEC. 2206. PENALTIES FOR ILLEGAL ENTRY OR pletion of such offense. ters), may carry out such function at the ex- PRESENCE. ‘‘(b) IMPROPER TIME OR PLACE; CIVIL PEN- pense of the State or political subdivision (a) IN GENERAL.—Section 275 of the Immi- ALTIES.—Any alien who is apprehended while and to the extent consistent with State and gration and Nationality Act (8 U.S.C. 1325) is entering, attempting to enter, or knowingly local law. No request from a bona fide State amended to read as follows: crossing or attempting to cross the border to or political subdivision or bona fide law en- ‘‘SEC. 275. ILLEGAL ENTRY OR PRESENCE. the United States at a time or place other forcement agency shall be denied absent a ‘‘(a) IN GENERAL.— than as designated by immigration officers compelling reason. No limit on the number ‘‘(1) ILLEGAL ENTRY OR PRESENCE.—An alien shall be subject to a civil penalty, in addi- of agreements under this subsection may be shall be subject to the penalties set forth in tion to any criminal or other civil penalties imposed. The Secretary shall process re- paragraph (2) if the alien knowingly— that may be imposed under any other provi- quests for such agreements with all due ‘‘(A) enters or crosses the border into the sion of law, in an amount equal to— haste, and in no case shall take not more United States at any time or place other ‘‘(1) not less than $50 or more than $250 for than 90 days from the date the request is than as designated by the Secretary of each such entry, crossing, attempted entry, made until the agreement is consummated.’’; Homeland Security; or attempted crossing; or (2) by redesignating paragraph (2) as para- ‘‘(B) eludes, at any time or place, examina- ‘‘(2) twice the amount specified in para- graph (5); tion or inspection by an authorized immigra- graph (1) if the alien had previously been (3) by redesignating paragraphs (3) through tion, customs, or agriculture officer (includ- subject to a civil penalty under this sub- (10) as paragraphs (7) through (14), respec- ing by failing to stop at the command of section.’’. tively; such officer); (b) CLERICAL AMENDMENT.—The table of (4) by inserting after paragraph (1) the fol- ‘‘(C) enters or crosses the border to the contents for the Immigration and Nation- lowing: United States and, upon examination or in- ality Act (8 U.S.C. 1101 note) is amended by ‘‘(2) An agreement under this subsection spection, knowingly makes a false or mis- striking the item relating to section 275 and shall accommodate a requesting State or po- leading representation or the knowing con- inserting the following: litical subdivision with respect to the en- cealment of a material fact (including such ‘‘Sec. 275. Illegal entry or presence.’’. forcement model or combination of models, representation or concealment in the con- (c) EFFECTIVE DATES AND APPLICABILITY.— and shall accommodate a patrol model, task text of arrival, reporting, entry, or clearance (1) CRIMINAL PENALTIES.—Section 275(a) of force model, jail model, any combination requirements of the customs laws, immigra- the Immigration and Nationality Act, as

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00125 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.025 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S1054 CONGRESSIONAL RECORD — SENATE February 14, 2018 amended by subsection (a), shall take effect family violence laws of the jurisdiction attempt to violate) section 208 of the Social on the date that is 90 days after the date of where the offense occurs, or by any other in- Security Act (42 U.S.C. 408) (relating to so- the enactment of this Act, and shall apply to dividual against a person who is protected cial security account numbers or social secu- acts, conditions, or violations described in from that individual’s acts under the domes- rity cards) or section 1028 of title 18, United such section 275(a) that occur or exist on or tic or family violence laws of the United States Code (relating to fraud and related ac- after such effective date. States or any State, Indian tribal govern- tivity in connection with identification) is (2) CIVIL PENALTIES.—Section 275(b) of such ment, or unit of local or foreign government. deportable.’’. Act, as amended by subsection (a), shall take ‘‘(ii) VIOLATORS OF PROTECTION ORDERS.— (d) EFFECTIVE DATE.—The amendments effect on the date of the enactment of this Any alien who at any time is enjoined under made by this section shall apply— Act and shall apply to acts described in such a protection order issued by a court and (1) to any act that occurred before, on, or section 275(b) that occur before, on, or after whom the court determines has engaged in after the date of the enactment of this Act; such date. conduct that violates the portion of a protec- and tion order that involves protection against Subtitle C—Criminal Aliens (2) to all aliens who are required to estab- credible threats of violence, repeated harass- lish admissibility on or after such date, and SEC. 2301. PRECLUDING ADMISSIBILITY OF ment, or bodily injury to the person or per- in all removal, deportation, or exclusion pro- ALIENS CONVICTED OF AGGRA- sons for whom the protection order was VATED FELONIES OR OTHER SERI- ceedings that are filed, pending, or reopened, OUS OFFENSES. issued is inadmissible. In this clause, the on or after such date. term ‘protection order’ means any injunc- (a) INADMISSIBILITY ON CRIMINAL AND RE- (e) CONSTRUCTION.—The amendments made tion issued for the purpose of preventing vio- LATED GROUNDS; WAIVERS.—Section 212 of by subsection (a) may not be construed to lent or threatening acts of domestic vio- the Immigration and Nationality Act (8 create eligibility for relief from removal lence, including temporary or final orders U.S.C. 1182) is amended— under section 212(c) of the Immigration and issued by civil or criminal courts (other than (1) in subsection (a)(2)— Nationality Act, as in effect on the day be- support or child custody orders or provi- (A) in subparagraph (A)(i)— fore the date of the enactment of this Act, if sions) whether obtained by filing an inde- (i) in subclause (I), by striking ‘‘, or’’ at such eligibility did not exist before the pendent action or as a independent order in the end and inserting a semicolon; amendments made by subsection (a) became another proceeding. (ii) in subclause (II), by striking the effective. ‘‘(iii) WAIVER AUTHORIZED.—The waiver au- SEC. 2302. INCREASED PENALTIES BARRING THE comma at the end and inserting a semicolon; thority available under section 237(a)(7) with and ADMISSION OF CONVICTED SEX OF- respect to section 237(a)(2)(E)(i) shall be FENDERS FAILING TO REGISTER (iii) by inserting after subclause (II) the available on a comparable basis with respect AND REQUIRING DEPORTATION OF following: to this subparagraph. SEX OFFENDERS FAILING TO REG- ‘‘(III) a violation of (or a conspiracy or at- ‘‘(iv) CLARIFICATION.—If the conviction ISTER. tempt to violate) an offense described in sec- records do not conclusively establish wheth- (a) INADMISSIBILITY.—Section 212(a)(2)(A)(i) tion 208 of the Social Security Act (42 U.S.C. er a crime of domestic violence constitutes a of the Immigration and Nationality Act (8 408) (relating to social security account num- crime of violence (as defined in section 16 of U.S.C. 1182(a)(2)(A)(i)), as amended by sec- bers or social security cards) or section 1028 title 18, United States Code), the Attorney tion 2301, is further amended by inserting of title 18, United States Code (relating to General may consider other evidence related after subclause (III) the following: fraud and related activity in connection with to the conviction that establishes that the ‘‘(IV) a violation of section 2250 of title 18, identification documents, authentication conduct for which the alien was engaged con- United States Code (relating to failure to features, and information); or’’; and stitutes a crime of violence.’’; and register as a sex offender),’’. (B) by adding at the end the following: (2) in subsection (h)— (b) DEPORTABILITY.—Section 237(a)(2) of ‘‘(J) PROCUREMENT OF CITIZENSHIP OR NATU- (A) by striking ‘‘The Attorney General such Act, as amended by section 2201, is fur- RALIZATION UNLAWFULLY.—Any alien con- may, in his discretion, waive the application ther amended— victed of, who admits having committed, or of subparagraphs (A)(i)(I), (B), (D), and (E) of (1) in subparagraph (A)— who admits committing acts constituting subsection (a)(2)’’ and inserting ‘‘The Attor- (A) by striking clause (v); and the essential elements of, a violation of, or ney General or the Secretary of Homeland (B) by redesignating clause (vi) as clause an attempt or a conspiracy to violate, sub- Security may, in the discretion of the Attor- (v); and section (a) or (b) of section 1425 of title 18, ney General or the Secretary, waive the ap- (2) by adding at the end the following: United States Code (relating to the procure- plication of subparagraphs (A)(i)(I), (III), (B), ‘‘(H) FAILURE TO REGISTER AS A SEX OF- ment of citizenship or naturalization unlaw- (D), (E), (K), and (M) of subsection (a)(2)’’; FENDER.—Any alien convicted of, or who ad- fully) is inadmissible. (B) by striking ‘‘a criminal act involving mits having committed, or who admits com- ‘‘(K) CERTAIN FIREARM OFFENSES.—Any torture.’’ and inserting ‘‘a criminal act in- mitting acts which constitute the essential alien who at any time has been convicted volving torture, or has been convicted of an elements of a violation of section 2250 of title under any law of, or who admits having com- aggravated felony.’’; 18, United States Code (relating to failure to mitted or admits committing acts which (C) by striking ‘‘if either since the date of register as a sex offender) is deportable.’’. constitute the essential elements of, pur- such admission the alien has been convicted (c) EFFECTIVE DATE.—The amendments chasing, selling, offering for sale, exchang- of an aggravated felony or the alien’’ and in- made by this section shall take effect on the ing, using, owning, possessing, or carrying, serting ‘‘if since the date of such admission date of the enactment of this Act and shall or of attempting or conspiring to purchase, the alien’’; and apply to acts that occur before, on, or after sell, offer for sale, exchange, use, own, pos- (D) by inserting ‘‘or Secretary of Homeland the date of the enactment of this Act. sess, or carry, any weapon, part, or accessory Security’’ after ‘‘the Attorney General’’ each SEC. 2303. GROUNDS OF INADMISSIBILITY AND which is a firearm or destructive device (as place it appears. DEPORTABILITY FOR ALIEN GANG defined in section 921(a) of title 18, United (b) DEPORTABILITY; CRIMINAL OFFENSES.— MEMBERS. States Code) in violation of any law is inad- Section 237(a)(3)(B) of the Immigration and (a) DEFINITION OF GANG MEMBER.—Section missible. Nationality Act (8 U.S.C. 1227(a)(3)(B)) is 101(a) of the Immigration and Nationality ‘‘(L) AGGRAVATED FELONS.—Any alien who amended— Act (8 U.S.C. 1101(a)) is amended by adding at has been convicted of an aggravated felony (1) in clause (i), by striking the comma at the end the following: at any time is inadmissible. the end and inserting a semicolon; ‘‘(53) The term ‘criminal gang’ means an ‘‘(M) CRIMES OF DOMESTIC VIOLENCE, STALK- (2) in clause (ii), by striking ‘‘, or’’ at the ongoing group, club, organization, or asso- ING, OR VIOLATION OF PROTECTION ORDERS, end and inserting a semicolon; ciation of 5 or more persons that has, as a CRIMES AGAINST CHILDREN.— (3) in clause (iii), by striking the comma at primary purpose, the commission of 1 or ‘‘(i) DOMESTIC VIOLENCE, STALKING, AND the end and inserting ‘‘; or’’; and more of the criminal offenses listed in sub- CHILD ABUSE.—Any alien who at any time is (4) by inserting after clause (iii) the fol- paragraphs (A) through (G), whether in vio- convicted of, or who admits committing acts lowing: lation of Federal or State law or foreign law constituting the essential elements of, a ‘‘(iv) of a violation of, or an attempt or a and regardless of whether the offenses oc- crime of domestic violence, a crime of stalk- conspiracy to violate, section 1425(a) or (b) of curred before, on, or after the date of the en- ing, or a crime of child abuse, child neglect, title 18 (relating to the procurement of citi- actment of this paragraph, and the members or child abandonment is inadmissible. In this zenship or naturalization unlawfully),’’. of which engage, or have engaged within the clause, the term ‘crime of domestic violence’ (c) DEPORTABILITY; OTHER CRIMINAL OF- past 5 years, in a continuing series of such means any crime of violence (as defined in FENSES.—Section 237(a)(2) of the Immigra- offenses, or that has been designated as a section 16 of title 18, United States Code) tion and Nationality Act (8 U.S.C. 1227(a)(2)) criminal gang by the Secretary of Homeland against a person committed by a current or is amended by adding at the end the fol- Security, in consultation with the Attorney former spouse of the person, by an individual lowing: General, as meeting such criteria. with whom the person shares a child in com- ‘‘(G) FRAUD AND RELATED ACTIVITY ASSOCI- ‘‘(A) A felony drug offense (as defined in mon, by an individual who is cohabiting with ATED WITH SOCIAL SECURITY ACT BENEFITS AND section 102 of the Controlled Substances Act or has cohabited with the person as a spouse, IDENTIFICATION DOCUMENTS.—Any alien who (21 U.S.C. 802)). by an individual similarly situated to a at any time after admission has been con- ‘‘(B) A felony offense involving firearms or spouse of the person under the domestic or victed of a violation of (or a conspiracy or explosives or in violation of section 931 of

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00126 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.025 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S1055 title 18, United States Code (relating to pur- 1182) is amended by inserting after section petition for revocation. Classified informa- chase, ownership, or possession of body 219 the following: tion shall not be subject to disclosure for armor by violent felons). ‘‘SEC. 220. DESIGNATION OF CRIMINAL GANG. such time as it remains classified, except ‘‘(C) An offense under section 274 (relating ‘‘(a) DESIGNATION.— that such information may be disclosed to a to bringing in and harboring certain aliens), ‘‘(1) IN GENERAL.—The Secretary of Home- court ex parte and in camera for purposes of section 277 (relating to aiding or assisting land Security, in consultation with the At- judicial review under subsection (c). certain aliens to enter the United States), or torney General, may designate a group, club, ‘‘(III) PUBLICATION OF DETERMINATION.—A section 278 (relating to importation of alien organization, or association of 5 or more per- determination made by the Secretary under for immoral purpose). sons as a criminal gang if the Secretary de- this clause shall be published in the Federal ‘‘(D) A crime of violence (as defined in sec- termines that the conduct of such entity is Register. tion 16 of title 18, United States Code). described in section 101(a)(53). ‘‘(IV) PROCEDURES.—Any revocation by the Secretary shall be made in accordance with ‘‘(E) A crime involving obstruction of jus- ‘‘(2) PROCEDURE.— paragraph (6). tice, tampering with or retaliating against a ‘‘(A) NOTIFICATION.—Not later than 7 days witness, victim, or informant. before making a designation under para- ‘‘(C) OTHER REVIEW OF DESIGNATION.— ‘‘(F) Any conduct punishable under sec- graph (1), the Secretary, through classified ‘‘(i) IN GENERAL.—If no review takes place under subparagraph (B) during any 5-year pe- tions 1028A and 1029 of title 18, United States written communication, shall notify the riod, the Secretary shall review the designa- Code (relating to aggravated identity theft Speaker and the Minority Leader of the tion of the criminal gang to determine or fraud and related activity in connection House of Representatives, the President pro whether such designation should be revoked with identification documents or access de- tempore, Majority Leader, and Minority pursuant to paragraph (6). vices), sections 1581 through 1594 of such title Leader of the Senate, and the members of ‘‘(ii) PROCEDURES.—If a review does not (relating to peonage, slavery, and trafficking the relevant committees of the House of Rep- take place under subparagraph (B) in re- in persons), section 1951 of such title (relat- resentatives and the Senate, of the intent to sponse to a petition for revocation under ing to interference with commerce by designate a group, club, organization, or as- that subparagraph, a review shall be con- threats or violence), section 1952 of such title sociation of 5 or more persons as a criminal (relating to interstate and foreign travel or ducted pursuant to procedures established by gang under paragraph (1) and the justifica- the Secretary. The results of such review and transportation in aid of racketeering enter- tion for such designation. prises), section 1956 of such title (relating to the applicable procedures shall not be re- ‘‘(B) PUBLICATION IN THE FEDERAL REG- viewable in any court. the laundering of monetary instruments), ISTER.—The Secretary shall publish the des- section 1957 of such title (relating to engag- ‘‘(iii) PUBLICATION OF RESULTS OF REVIEW.— ignation in the Federal Register seven days The Secretary shall publish any determina- ing in monetary transactions in property de- after providing the notification under sub- rived from specified unlawful activity), or tion made under this subparagraph in the paragraph (A). Federal Register. sections 2312 through 2315 of such title (relat- ‘‘(3) RECORD.— ing to interstate transportation of stolen ‘‘(5) REVOCATION BY ACT OF CONGRESS.— ‘‘(A) IN GENERAL.—In making a designation Congress may block or revoke a designation motor vehicles or stolen property). under paragraph (1), the Secretary shall cre- ‘‘(G) A conspiracy to commit an offense de- made under paragraph (1) by an Act of Con- ate an administrative record. gress. scribed in subparagraphs (A) through (F).’’. ‘‘(B) CLASSIFIED INFORMATION.—The Sec- ‘‘(6) REVOCATION BASED ON CHANGE IN CIR- (b) INADMISSIBILITY.—Section 212(a)(2) of retary may consider classified information CUMSTANCES.— the Immigration and Nationality Act, as in making a designation under paragraph (1). ‘‘(A) IN GENERAL.—The Secretary may re- amended by sections 2201 and 2302, is further Classified information shall not be subject to voke a designation made under paragraph (1) amended by adding at the end the following: disclosure for such time as it remains classi- at any time, and shall revoke a designation ‘‘(N) ALIENS ASSOCIATED WITH CRIMINAL fied, except that such information may be upon completion of a review conducted pur- GANGS.— disclosed to a court ex parte and in camera suant to subparagraphs (B) and (C) of para- ‘‘(i) IN GENERAL.—An alien is inadmissible for purposes of judicial review under sub- graph (4) if the Secretary determines that— if a consular officer, an immigration officer, section (c). ‘‘(i) the group, club, organization, or asso- the Secretary of Homeland Security, or the ‘‘(4) PERIOD OF DESIGNATION.— ciation of 5 or more persons that has been Attorney General knows or has reason to be- ‘‘(A) IN GENERAL.—A designation under designated as a criminal gang is no longer lieve that the alien— paragraph (1) shall be effective for all pur- described in section 101(a)(53); or ‘‘(I) is or has been a member of a criminal poses until revoked under paragraph (5) or (6) ‘‘(ii) the national security or the law en- gang; or or set aside under subsection (c). forcement interests of the United States ‘‘(II) has participated in the activities of a ‘‘(B) REVIEW OF DESIGNATION UPON PETI- warrants a revocation. criminal gang, knowing or having reason to TION.— ‘‘(B) PROCEDURE.—The procedural require- know that such activities will promote, fur- ‘‘(i) IN GENERAL.—The Secretary shall re- ments of paragraphs (2) and (3) shall apply to ther, aid, or support the illegal activity of view the designation of a criminal gang in a revocation under this paragraph. Any rev- the criminal gang. accordance with clauses (iii) and (iv) if the ocation shall take effect on the date speci- ‘‘(ii) PROMOTION OR CONSPIRACY.—Any alien designated group, club, organization, or asso- fied in the revocation or upon publication in for whom a consular officer, an immigration ciation of 5 or more persons files a petition the Federal Register if no effective date is officer, the Secretary of Homeland Security, for revocation within the petition period de- specified. or the Attorney General has reasonable scribed in clause (ii). ‘‘(7) EFFECT OF REVOCATION.—The revoca- grounds to believe has participated in, been ‘‘(ii) PETITION PERIOD.— tion of a designation under paragraph (5) or a member of, promoted, or conspired with a ‘‘(I) If a designated group, club, organiza- (6) shall not affect any action or proceeding criminal gang, either inside or outside of the tion, or association of 5 or more persons has based on conduct committed prior to the ef- United States, is inadmissible. not previously filed a petition for revocation fective date of such revocation. ‘‘(iii) INTENT OF ENTRY.—Any alien for under clause (i), the petition period begins 2 ‘‘(8) USE OF DESIGNATION IN TRIAL OR HEAR- whom a consular officer, an immigration of- years after the date on which the designa- ING.—If a designation under this subsection ficer, the Secretary of Homeland Security, or tion was made. becomes effective under paragraph (2), an the Attorney General has reasonable grounds ‘‘(II) If the designated group, club, organi- alien in a removal proceeding may not raise to believe seeks to enter the United States zation, or association of 5 or more persons any question concerning the validity of such or has entered the United States in further- has previously filed a petition for revocation designation as a defense or an objection. ance of the activities of a criminal gang, ei- under clause (i), the petition period begins 2 ‘‘(b) AMENDMENTS TO A DESIGNATION.— ther inside or outside of the United States, is years after the date of the determination ‘‘(1) IN GENERAL.—The Secretary may inadmissible.’’. made under clause (iv) on that petition. amend a designation under subsection (a) if (c) DEPORTABILITY.—Section 237(a)(2) of the ‘‘(iii) PROCEDURES.—Any group, club, orga- the Secretary determines that the group, Immigration and Nationality Act, as amend- nization, or association of 5 or more persons club, organization, or association of 5 or ed by section 2301 and 2302, is further amend- that submits a petition for revocation under more persons has changed its name, adopted ed by adding at the end the following: this subparagraph of its designation as a a new alias, dissolved and then reconstituted ‘‘(I) ALIENS ASSOCIATED WITH CRIMINAL criminal gang shall provide evidence in that itself under a different name or names, or GANGS.—An alien is deportable if the alien— petition that it is not described in section merged with another group, club, organiza- ‘‘(i) is or has been a member of a criminal 101(a)(53). tion, or association of 5 or more persons. gang; or ‘‘(iv) DETERMINATION.— ‘‘(2) PROCEDURE.—Amendments made to a ‘‘(ii) has participated in the activities of a ‘‘(I) IN GENERAL.—Not later than 180 days designation under paragraph (1) shall be ef- criminal gang, knowing or having reason to after receiving a petition for revocation fective upon the publication of such amend- know that such activities will promote, fur- under clause (i), the Secretary shall make a ments in the Federal Register. Paragraphs ther, aid, or support the illegal activity of determination regarding the revocation (2), (4), (5), (6), (7), and (8) of subsection (a) the criminal gang.’’. sought by such petition. shall apply to an amended designation. (d) DESIGNATION.— ‘‘(II) CLASSIFIED INFORMATION.—The Sec- ‘‘(3) ADMINISTRATIVE RECORD.—The admin- (1) IN GENERAL.—Chapter 2 of title II of the retary may consider classified information istrative record shall be corrected to include Immigration and Nationality Act (8 U.S.C. in making a determination in response to a the amendments made under paragraph (1)

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and any additional relevant information that ‘‘(G) is inadmissible under section (j) EFFECTIVE DATE.—The amendments supports such amendments. 212(a)(2)(J) or deportable under section made by this section shall take effect on the ‘‘(4) CLASSIFIED INFORMATION.—The Sec- 217(a)(2)(G),’’. date of the enactment of this Act and shall retary may consider classified information (2) ANNUAL REPORT.—Not later than March apply to acts that occur before, on, or after in amending a designation under this sub- 1 of the first fiscal year beginning after the the date of the enactment of this Act. section. Classified information may not be date of the enactment of this Act, and annu- SEC. 2304. INADMISSIBILITY AND DEPORT- subject to disclosure while it remains classi- ally thereafter, the Secretary of Homeland ABILITY OF DRUNK DRIVERS. fied, except that such information may be Security, after consultation with the appro- (a) IN GENERAL.—Section 101(a)(43) of the disclosed to a court ex parte and in camera priate Federal agencies, shall submit a re- Immigration and Nationality Act (8 U.S.C. for purposes of judicial review under sub- port to the Committee on the Judiciary of 1101(a)(43)), is amended— section (c). the Senate and the Committee on the Judici- (1) in subparagraph (T), by striking ‘‘and’’; ‘‘(c) JUDICIAL REVIEW OF DESIGNATION.— ary of the House of Representatives that (2) in subparagraph (U), by striking the pe- ‘‘(1) IN GENERAL.—Not later than 30 days identifies the number of aliens detained dur- riod at the end and inserting ‘‘; and’’; and after publication in the Federal Register of a ing the reporting period as a result of the (3) by inserting after subparagraph (U) the designation, an amended designation, or a amendment made by paragraph (1). following: ‘‘(V)(i) a single conviction for driving while determination in response to a petition for (f) ASYLUM CLAIMS BASED ON GANG AFFILI- intoxicated (including a conviction for driv- revocation, the designated group, club, orga- ATION.— ing while under the influence of or impair- nization, or association of 5 or more persons (1) INELIGIBILITY FOR ASYLUM.—Section may seek judicial review in the United 208(b)(2)(A) of the Immigration and Nation- ment by alcohol or drugs), when such im- States Court of Appeals for the District of ality Act (8 U.S.C. 1158(b)(2)(A)) is amended— paired driving was a cause of the serious bod- Columbia Circuit. (A) in clause (v), by striking ‘‘or’’ at the ily injury or death of another person; or ‘‘(ii) a second or subsequent conviction for ‘‘(2) BASIS OF REVIEW.—Review under this end; driving while intoxicated (including a con- subsection shall be based solely upon the ad- (B) by redesignating clause (vi) as clause ministrative record, except that the Govern- viction for driving under the influence of or (vii); and ment may submit, for ex parte and in camera impaired by alcohol or drugs).’’. (C) by inserting after clause (v) the fol- review, classified information used in mak- (b) EFFECTIVE DATE.—The amendments lowing: ing the designation, amended designation, or made by subsection (a) shall take effect on ‘‘(vi) the alien is described in section determination in response to a petition for the date of the enactment of this Act and 212(a)(2)(J)(i) or 237(a)(2)(G)(i); or’’. revocation. apply to convictions entered on or after such (2) INAPPLICABILITY OF RESTRICTION ON RE- ‘‘(3) SCOPE OF REVIEW.—The Court shall date. MOVAL TO CERTAIN COUNTRIES.—Section hold unlawful and set aside a designation, SEC. 2305. DEFINITION OF AGGRAVATED FELONY. 241(b)(3)(B) of such Act (8 U.S.C. 1251(b)(3)(B)) amended designation, or determination in (a) DEFINITION OF AGGRAVATED FELONY.— is amended, in the matter preceding clause response to a petition for revocation that the Section 101(a)(43) of the Immigration and Na- (i), by inserting ‘‘who is described in section court finds to be— tionality Act (8 U.S.C. 1101(a)(43)), as amend- ‘‘(A) arbitrary, capricious, an abuse of dis- 212(a)(2)(J)(i) or section 237(a)(2)(G)(i) or who ed by section 2304, is further amended— cretion, or otherwise not in accordance with is’’ after ‘‘to an alien’’. (1) by striking ‘‘The term ‘aggravated fel- law; (g) TEMPORARY PROTECTED STATUS.—Sec- ony’ means—’’ and inserting ‘‘Notwith- ‘‘(B) contrary to constitutional right, tion 244 of the Immigration and Nationality standing any other provision of law, the power, privilege, or immunity; Act (8 U.S.C. 1254a) is amended— term ‘aggravated felony’ applies to an of- ‘‘(C) in excess of statutory jurisdiction, au- (1) by striking ‘‘Attorney General’’ each fense described in this paragraph, whether in thority, or limitation, or short of statutory place such term appears and inserting ‘‘Sec- violation of Federal or State law, or in viola- right; retary of Homeland Security’’; tion of the law of a foreign country for which ‘‘(D) lacking substantial support in the ad- (2) in subparagraph (c)(2)(B)— the term of imprisonment was completed ministrative record taken as a whole or in (A) in clause (i), by striking ‘‘, or’’ at the within the previous 15 years, even if the classified information submitted to the end and inserting a semicolon; length of the term of imprisonment for the court under paragraph (2); or (B) in clause (ii), by striking the period at offense is based on recidivist or other en- ‘‘(E) not in accord with the procedures re- the end and inserting ‘‘; or’’; and hancements and regardless of whether the quired by law. (C) by adding at the end the following: conviction was entered before, on, or after ‘‘(4) JUDICIAL REVIEW INVOKED.—The pend- ‘‘(iii) the alien is, or at any time has been, September 30, 1996, and means—’’; ency of an action for judicial review of a des- described in section 212(a)(2)(J) or (2) by amending subparagraph (A) to read ignation, amended designation, or deter- 237(a)(2)(G).’’; and as follows: mination in response to a petition for rev- (3) in subsection (d)— ‘‘(A) an offense relating to murder, man- ocation shall not affect the application of (A) by striking paragraph (3); slaughter, homicide, rape (whether the vic- this section, unless the court issues a final (B) by redesignating paragraphs (4), (5), tim was conscious or unconscious), statutory order setting aside the designation, amended and (6) as paragraphs (3), (4), and (5), respec- rape, or any offense of a sexual nature in- designation, or determination in response to tively; and volving a victim under 18 years of age;’’; a petition for revocation. (C) in paragraph (3), as redesignated, by (3) in subparagraph (B)— ‘‘(d) DEFINITIONS.—In this section: adding at the end the following: ‘‘The Sec- (A) by inserting ‘‘an offense relating to’’ ‘‘(1) CLASSIFIED INFORMATION.—The term retary of Homeland Security may detain an before ‘‘illicit trafficking’’; and ‘classified information’ has the meaning alien provided temporary protected status (B) by inserting ‘‘, and any offense under given that term in section 1(a) of the Classi- under this section whenever appropriate State law relating to a controlled substance fied Information Procedures Act (18 U.S.C. under any other provision of law.’’. (as so classified under State law) that is clas- App.). (h) SPECIAL IMMIGRANT JUVENILE VISAS.— sified as a felony in that State, regardless of ‘‘(2) NATIONAL SECURITY.—The term ‘na- Section 101(a)(27)(J)(iii) of the Immigration whether the substance is classified as a con- tional security’ means the national defense, and Nationality Act (8 U.S.C. trolled substance under section 102 of the foreign relations, or economic interests of 1101(a)(27)(J)(iii)) is amended— Controlled Substances Act (8 U.S.C. 802)’’ be- the United States. (1) in subclause (I), by striking ‘‘and’’ at fore the semicolon at the end; ‘‘(3) RELEVANT COMMITTEES.—The term ‘rel- the end; (4) in subparagraph (C), by inserting ‘‘an evant committees’ means the Committee on (2) in subclause (II), by adding ‘‘and’’ at the offense relating to’’ before ‘‘illicit traf- the Judiciary of the Senate and the Com- end; and ficking in firearms’’; mittee on the Judiciary of the House of Rep- (3) by adding at the end the following: (5) in subparagraph (I), by striking ‘‘or resentatives. ‘‘(III) no alien who is, or at any time has 2252’’ and inserting ‘‘2252, or 2252A’’; ‘‘(4) SECRETARY.—The term ‘Secretary’ been, described in section 212(a)(2)(J) or (6) in subparagraph (F), by striking ‘‘for means the Secretary of Homeland Security, 237(a)(2)(G) shall be eligible for any immigra- which the term of imprisonment at least one in consultation with the Attorney General.’’. tion benefit under this subparagraph;’’. year;’’ and inserting ‘‘, including offenses of (2) CLERICAL AMENDMENT.—The table of (i) PAROLE.—An alien described in section assault and battery under Federal or state contents for the Immigration and Nation- 212(a)(2)(N) of the Immigration and Nation- law, for which the term of imprisonment is ality Act (8 U.S.C. 1101 note) is amended by ality Act, as added by subsection (b), shall at least 1 year, except that if the conviction inserting after the item relating to section not be eligible for parole under section records do not conclusively establish wheth- 219 the following: 212(d)(5)(A) of such Act (8 U.S.C. 1182(d)(5)(A)) er a crime constitutes a crime of violence, ‘‘Sec. 220. Designation of criminal gang.’’. unless— the Attorney General or the Secretary of (e) MANDATORY DETENTION OF CRIMINAL (1) the alien is assisting or has assisted the Homeland Security, as appropriate, may con- GANG MEMBERS.— United States Government in a law enforce- sider other evidence related to the convic- (1) IN GENERAL.—Section 236(c)(1) of the ment matter, including a criminal investiga- tion that establishes that the conduct for Immigration and Nationality Act (8 U.S.C. tion; and which the alien was engaged constitutes a 1226(c)(1)), as amended by section 2204, is fur- (2) the alien’s presence in the United crime of violence;’’; ther amended by inserting after subpara- States is required by the Government with (7) by amending subparagraph (G) to read graph (F) the following: respect to such assistance. as follows:

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00128 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.025 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S1057 ‘‘(G) an offense relating to a theft under ‘‘(viii) Clause (i) shall not apply to a cit- (1) by striking ‘‘Attorney General’’ each State or Federal law (including theft by de- izen of the United States who has been con- place such term appears (except for the first ceit, theft by fraud, and receipt of stolen victed of an offense described in subpara- reference in paragraph (4)(B)(i)) and insert- property) regardless of whether any taking graph (A), (I), or (K) of section 101(a)(43), un- ing ‘‘Secretary of Homeland Security’’; was temporary or permanent, or burglary of- less the Secretary of Homeland Security, in (2) in paragraph (1)— fense under State or Federal law for which the Secretary’s sole and unreviewable discre- (A) by amending subparagraph (B) to read the term of imprisonment is at least 1 year, tion, determines that the citizen poses no as follows: except that if the conviction records do not risk to the alien with respect to whom a pe- ‘‘(B) BEGINNING OF PERIOD.—The removal conclusively establish whether a crime con- tition described in clause (i) is filed.’’; and period begins on the latest of the following: stitutes a theft or burglary offense, the At- (2) in subparagraph (B)(i), by striking the ‘‘(i) The date the order of removal becomes second subclause (I) and inserting the fol- torney General or Secretary of Homeland Se- administratively final. lowing: curity, as appropriate, may consider other ‘‘(ii) If the alien is not in the custody of evidence related to the conviction that es- ‘‘(II) Subclause (I) shall not apply in the the Secretary on the date the order of re- tablishes that the conduct for which the case of an alien admitted for permanent resi- moval becomes administratively final, the alien was engaged constitutes a theft or bur- dence who has been convicted of an offense date the alien is taken into such custody. glary offense;’’; described in subparagraph (A), (I), or (K) of ‘‘(iii) If the alien is detained or confined (8) in subparagraph (N)— section 101(a)(43), unless the Secretary of (except under an immigration process) on (A) by striking ‘‘paragraph (1)(A) or (2) of’’; Homeland Security, in the Secretary’s sole and and unreviewable discretion, determines that the date the order of removal becomes ad- (B) by inserting a semicolon at the end; the alien lawfully admitted for permanent ministratively final, the date the alien is (9) by amending subparagraph (O) to read residence poses no risk to the alien with re- taken into the custody of the Secretary, as follows: spect to whom a petition described in sub- after the alien is released from such deten- ‘‘(O) an offense described in section 275 or clause (I) is filed.’’. tion or confinement.’’; and 276 for which the term of imprisonment is at (b) NONIMMIGRANTS.—Section 101(a)(15)(K) (B) by amending subparagraph (C) to read least 1 year;’’; of the Immigration and Nationality Act (8 as follows: (10) by amending subparagraph (P) to read U.S.C. 1101(a)(15)(K)) is amended by striking ‘‘(C) SUSPENSION OF PERIOD.— as follows: ‘‘204(a)(1)(A)(viii)(I))’’ each place such term ‘‘(i) EXTENSION.—The removal period shall ‘‘(P) an offense which is described in chap- appears and inserting ‘‘204(a)(1)(A)(viii))’’. be extended beyond a period of 90 days and ter 75 of title 18, United States Code, and for (c) EFFECTIVE DATE.—The amendments the Secretary may, in the Secretary’s sole which the term of imprisonment is at least made by this section shall take effect on the discretion, keep the alien in detention dur- 12 months;’’; date of the enactment of this Act and shall ing such extended period if— (11) by amending subparagraph (U) to read apply to petitions filed on or after such date. ‘‘(I) the alien fails or refuses to make all as follows: SEC. 2308. CLARIFICATION TO CRIMES OF VIO- reasonable efforts to comply with the re- ‘‘(U) attempting or conspiring to commit LENCE AND CRIMES INVOLVING moval order, or to fully cooperate with the MORAL TURPITUDE. an offense described in this paragraph, or Secretary’s efforts to establish the alien’s (a) INADMISSIBLE ALIENS.—Section aiding, abetting, counseling, procuring, com- 212(a)(2)(A) of the Immigration and Nation- identity and carry out the removal order, in- manding, inducing, or soliciting the commis- ality Act (8 U.S.C. 1182(a)(2)(A)) is amended cluding making timely application in good sion of such an offense.’’; and by adding at the end the following: faith for travel or other documents nec- (12) by striking the undesignated matter ‘‘(iii) CLARIFICATION.—For purposes of essary to the alien’s departure or conspires following subparagraph (U). clause (i)(I), if the conviction records do not or acts to prevent the alien’s removal that is (b) EFFECTIVE DATE; APPLICATION OF conclusively establish whether a crime con- subject to an order of removal; AMENDMENTS.— stitutes a crime involving moral turpitude, ‘‘(II) a court, the Board of Immigration Ap- (1) IN GENERAL.—The amendments made by the Attorney General or the Secretary of peals, or an immigration judge orders a stay subsection (a)— Homeland Security, as appropriate, may con- of removal of an alien who is subject to an (A) shall take effect on the date of the en- sider other evidence related to the convic- administratively final order of removal; actment of this Act; and tion that establishes that the conduct for ‘‘(III) the Secretary transfers custody of (B) shall apply to any act or conviction which the alien was engaged constitutes a the alien pursuant to law to another Federal that occurred before, on, or after such date. crime involving moral turpitude.’’. agency or a State or local government agen- (2) APPLICATION OF IIRIRA AMENDMENTS.— (b) DEPORTABLE ALIENS.— cy in connection with the official duties of The amendments to section 101(a)(43) of the (1) GENERAL CRIMES.—Section 237(a)(2)(A) such agency; or Immigration and Nationality Act (8 U.S.C. of the Immigration and Nationality Act (8 ‘‘(IV) a court or the Board of Immigration 1101(a)(43)) made by section 321 of the Illegal U.S.C. 1227(a)(2)(A)), as amended by section Appeals orders a remand to an immigration Immigration Reform and Immigrant Respon- 2302(b), is further amended by inserting after judge or the Board of Immigration Appeals, sibility Act of 1996 (division C of Public Law clause (v), as redesignated, the following: during the time period when the case is 104–208; 110 Stat. 3009–627) shall continue to ‘‘(vi) CRIMES INVOLVING MORAL TURPI- pending a decision on remand (with the re- apply, whether the conviction was entered TUDE.—If the conviction records do not con- moval period beginning anew on the date before, on, or after September 30, 1996. clusively establish whether a crime con- that the alien is ordered removed on re- SEC. 2306. PRECLUDING WITHHOLDING OF RE- stitutes a crime involving moral turpitude, mand). MOVAL FOR AGGRAVATED FELONS. the Attorney General or the Secretary of ‘‘(ii) RENEWAL.—If the removal period has (a) IN GENERAL.—Section 241(b)(3)(B) of the Homeland Security, as appropriate, may con- been extended under subparagraph (C)(i), a Immigration and Nationality Act (8 U.S.C. sider other evidence related to the convic- new removal period shall be deemed to have 1231(b)(3)(B)) is amended— tion that establishes that the conduct for begun on the date— (1) in clause (iii), by striking ‘‘or’’ at the which the alien was engaged constitutes a ‘‘(I) the alien makes all reasonable efforts end; crime involving moral turpitude.’’. (2) in clause (iv), by striking the period at to comply with the removal order, or to fully (2) DOMESTIC VIOLENCE.—Section cooperate with the Secretary’s efforts to es- the end and inserting ‘‘; or’’; and 237(a)(2)(E) of such Act (8 U.S.C. 1227(a)(2)(E)) tablish the alien’s identity and carry out the (3) by inserting after clause (iv) the fol- is amended by adding at the end the fol- removal order; lowing: lowing: ‘‘(II) the stay of removal is no longer in ef- ‘‘(v) the alien is convicted of an aggravated ‘‘(iii) CRIMES OF VIOLENCE.—For purposes of fect; or felony.’’. clause (i), if the conviction records do not ‘‘(III) the alien is returned to the custody (b) EFFECTIVE DATE.—The amendment conclusively establish whether a crime of do- made by subsection (a) shall apply to— mestic violence constitutes a crime of vio- of the Secretary. (1) any act that occurred before, on, or lence (as defined in section 16 of title 18, ‘‘(iii) MANDATORY DETENTION FOR CERTAIN after the date of the enactment of this Act; United States Code), the Attorney General ALIENS.—In the case of an alien described in and or the Secretary of Homeland Security, as subparagraphs (A) through (D) of section (2) all aliens who are required to establish appropriate, may consider other evidence re- 236(c)(1), the Secretary shall keep that alien admissibility on or after such date, and in all lated to the conviction that establishes that in detention during the extended period de- removal, deportation, or exclusion pro- the conduct for which the alien was engaged scribed in clause (i). ceedings that are filed, pending, or reopened constitutes a crime of violence.’’. ‘‘(iv) SOLE FORM OF RELIEF.—An alien may on or after such date of enactment. (c) EFFECTIVE DATE.—The amendments seek relief from detention under this sub- SEC. 2307. PROTECTING IMMIGRANTS FROM CON- made by this section shall take effect on the paragraph only by filing an application for a VICTED SEX OFFENDERS. date of the enactment of this Act and shall writ of habeas corpus in accordance with (a) IMMIGRANTS.—Section 204(a)(1) of the apply to acts that occur before, on, or after chapter 153 of title 28, United States Code. Immigration and Nationality Act (8 U.S.C. the date of the enactment of this Act. No alien whose period of detention is ex- 1154(a)(1)) is amended— SEC. 2309. DETENTION OF DANGEROUS ALIENS. tended under this subparagraph shall have (1) in subparagraph (A), by amending Section 241(a) of the Immigration and Na- the right to seek release on bond.’’; clause (viii) to read as follows: tionality Act (8 U.S.C. 1231(a)) is amended— (3) in paragraph (3)—

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00129 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.025 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S1058 CONGRESSIONAL RECORD — SENATE February 14, 2018 (A) in the matter preceding subparagraph ‘‘(bb) after receipt of a written rec- to comply with the conditions of release, or (A), by inserting ‘‘or is not detained pursu- ommendation from the Secretary of State, to continue to satisfy the conditions de- ant to paragraph (6)’’ after ‘‘within the re- that release of the alien is likely to have se- scribed in subparagraph (A), or if, upon re- moval period’’; and rious adverse foreign policy consequences for consideration, the Secretary, in the Sec- (B) by amending subparagraph (D) to read the United States; retary’s sole discretion, determines that the as follows: ‘‘(cc) based on information available to the alien can be detained under subparagraph ‘‘(D) to obey reasonable restrictions on the Secretary of Homeland Security (including (B). This section shall apply to any alien re- alien’s conduct or activities that the Sec- classified, sensitive, or national security in- turned to custody pursuant to this subpara- retary prescribes for the alien, in order to formation, and without regard to the graph, as if the removal period terminated prevent the alien from absconding, for the grounds upon which the alien was ordered re- on the day of the redetention. protection of the community, or for other moved), that there is reason to believe that ‘‘(F) REVIEW OF DETERMINATIONS BY SEC- purposes related to the enforcement of the the release of the alien would threaten the RETARY.—A determination by the Secretary immigration laws.’’; national security of the United States; or under this paragraph shall not be subject to (4) in paragraph (4)(A), by striking ‘‘para- ‘‘(dd) that the release of the alien will review by any other agency.’’. graph (2)’’ and inserting ‘‘subparagraph (B)’’; threaten the safety of the community or any SEC. 2310. TIMELY REPATRIATION. person, conditions of release cannot reason- and (a) LISTING OF COUNTRIES.—Not later than ably be expected to ensure the safety of the (5) by amending paragraph (6) to read as 6 months after the date of the enactment of community or any person, and either (AA) follows: this Act, and every 6 months thereafter, the the alien has been convicted of one or more ‘‘(6) ADDITIONAL RULES FOR DETENTION OR Secretary of Homeland Security shall pub- aggravated felonies (as defined in section RELEASE OF CERTAIN ALIENS.— lish a report that includes— 101(a)(43)(A)) or of one or more crimes identi- ‘‘(A) DETENTION REVIEW PROCESS FOR COOP- (1) a list of countries that have refused or fied by the Secretary of Homeland Security ERATIVE ALIENS ESTABLISHED.—For an alien unreasonably delayed repatriation of an by regulation, or of one or more attempts or who is not otherwise subject to mandatory alien who is a national of that country since conspiracies to commit any such aggravated detention, who has made all reasonable ef- the date of the enactment of this Act, in- felonies or such identified crimes, if the ag- forts to comply with a removal order and to cluding the total number of such aliens, gregate term of imprisonment for such at- cooperate fully with the Secretary of Home- tempts or conspiracies is at least 5 years; or disaggregated by nationality; land Security’s efforts to establish the (BB) the alien has committed one or more (2) a list of countries that have an exces- alien’s identity and carry out the removal crimes of violence (as defined in section 16 of sive repatriation failure rate; and order, including making timely application title 18, United States Code, but not includ- (3) a list of each country included in a list in good faith for travel or other documents ing a purely political offense) and, because of described in paragraph (1) or (2) in the report necessary to the alien’s departure, and who a mental condition or personality disorder preceding the current report and in the cur- has not conspired or acted to prevent re- and behavior associated with that condition rent report. moval, the Secretary shall establish an ad- or disorder, the alien is likely to engage in (b) SANCTIONS.— ministrative review process to determine acts of violence in the future; or (1) IN GENERAL.—Beginning on the date on whether the alien should be detained or re- ‘‘(III) pending a certification under sub- which a country is included in the list de- leased on conditions. The Secretary shall clause (II), so long as the Secretary of Home- scribed in subsection (a)(3) and ending on the make a determination whether to release an land Security has initiated the administra- date on which that country is no longer in- alien after the removal period in accordance tive review process not later than 30 days cluded in such list, the Secretary of State with subparagraph (B). The determination after the expiration of the removal period may not issue visas under section shall include consideration of any evidence (including any extension of the removal pe- 101(a)(15)(A)(iii) of the Immigration and Na- submitted by the alien, and may include con- riod, as provided in paragraph (1)(C)). tionality Act (8 U.S.C. 1101(a)(15)(A)(iii)) to sideration of any other evidence, including ‘‘(iii) NO RIGHT TO BOND HEARING.—An alien attendants, servants, personal employees, any information or assistance provided by whose detention is extended under this sub- and members of the immediate families of the Secretary of State or other Federal offi- paragraph shall have no right to seek release officials or employees of that country who cial and any other information available to on bond, including by reason of a certifi- receive nonimmigrant status under clause (i) the Secretary of Homeland Security per- cation under clause (ii)(II). or (ii) of section 101(a)(15)(A) of such Act. taining to the ability to remove the alien. ‘‘(C) RENEWAL AND DELEGATION OF CERTIFI- (2) VISA REDUCTION.—Every 6 months that a ‘‘(B) AUTHORITY TO DETAIN BEYOND RE- CATION.— country is included in the list described in MOVAL PERIOD.— ‘‘(i) RENEWAL.—The Secretary of Homeland subsection (a)(3), the Secretary of State ‘‘(i) IN GENERAL.—The Secretary of Home- Security may renew a certification under shall reduce the number of visas available land Security, in the exercise of the Sec- subparagraph (B)(ii)(II) every 6 months, after under clause (i) or (ii) of section 101(a)(15)(A) retary’s sole discretion, may continue to de- providing an opportunity for the alien to re- of the Immigration and Nationality Act (8 tain an alien for 90 days beyond the removal quest reconsideration of the certification U.S.C. 1101(a)(15)(A)) in a fiscal year to na- period (including any extension of the re- and to submit documents or other evidence tionals of that country by an amount equal moval period as provided in paragraph in support of that request. If the Secretary to 10 percent of the baseline visa number for (1)(C)). An alien whose detention is extended does not renew a certification, the Secretary that country. Except as provided under sec- under this subparagraph shall have no right may not continue to detain the alien under tion 243(d) of such Act (8 U.S.C. 1253), the to seek release on bond. subparagraph (B)(ii)(II). Secretary may not reduce the number of ‘‘(ii) SPECIFIC CIRCUMSTANCES.—The Sec- ‘‘(ii) DELEGATION.—Notwithstanding sec- such visas to a level below 20 percent of the retary of Homeland Security, in the exercise tion 103, the Secretary of Homeland Security baseline visa number. of the Secretary’s sole discretion, may con- may not delegate the authority to make or (c) WAIVERS.— tinue to detain an alien beyond the 90 days renew a certification described in item (bb), (1) NATIONAL SECURITY WAIVER.—If the Sec- authorized in clause (i)— (cc), or (dd) of subparagraph (B)(ii)(II) below retary of State submits to Congress a writ- ‘‘(I) until the alien is removed, if the Sec- the level of the Director of Immigration and ten determination that significant national retary, in the Secretary’s sole discretion, de- Customs Enforcement. security interests of the United States re- termines that there is a significant likeli- ‘‘(iii) HEARING.—The Secretary of Home- quire a waiver of the sanctions under sub- hood that the alien— land Security may request that the Attorney section (b), the Secretary may waive any re- ‘‘(aa) will be removed in the reasonably General or the Attorney General’s designee duction below 80 percent of the baseline visa foreseeable future; or provide for a hearing to make the determina- number. The Secretary of State may not del- ‘‘(bb) would be removed in the reasonably tion described in item (dd)(BB) of subpara- egate the authority under this subsection. foreseeable future, or would have been re- graph (B)(ii)(II). (2) TEMPORARY EXIGENT CIRCUMSTANCES.—If moved, but for the alien’s failure or refusal ‘‘(D) RELEASE ON CONDITIONS.—If it is deter- the Secretary of State submits to Congress a to make all reasonable efforts to comply mined that an alien should be released from written determination that temporary exi- with the removal order, or to cooperate fully detention by a Federal court, the Board of gent circumstances require a waiver of the with the Secretary’s efforts to establish the Immigration Appeals, or if an immigration sanctions under subsection (b), the Secretary alien’s identity and carry out the removal judge orders a stay of removal, the Secretary may waive any reduction below 80 percent of order, including making timely application of Homeland Security, in the exercise of the the baseline visa number during 6-month re- in good faith for travel or other documents Secretary’s discretion, may impose condi- newable periods. The Secretary of State may necessary to the alien’s departure, or con- tions on release as provided in paragraph (3). not delegate the authority under this sub- spires or acts to prevent removal; ‘‘(E) REDETENTION.—The Secretary of section. ‘‘(II) until the alien is removed, if the Sec- Homeland Security, in the exercise of the (d) EXEMPTION.—The Secretary of Home- retary of Homeland Security certifies in Secretary’s discretion, without any limita- land Security, in consultation with the Sec- writing— tions other than those specified in this sec- retary of State, may exempt a country from ‘‘(aa) in consultation with the Secretary of tion, may again detain any alien subject to inclusion in a list under subsection (a)(2) if Health and Human Services, that the alien a final removal order who is released from the total number of nonrepatriations out- has a highly contagious disease that poses a custody, if removal becomes likely in the standing is less than 10 for the preceding 3- threat to public safety; reasonably foreseeable future, the alien fails year period.

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(e) UNAUTHORIZED VISA ISSUANCE.—Any the border to, attempts to cross the border ‘‘(3) MISDEMEANOR.—The term ‘mis- visa issued in violation of this section shall to, or is at any time found in the United demeanor’ means any criminal offense pun- be void. States, shall be fined under title 18, United ishable by a term of imprisonment of not (f) NOTICE.—If an alien who has been con- States Code, imprisoned not more than 2 more than 1 year under the applicable laws victed of a criminal offense before a Federal years, or both. of the United States, any State, or a foreign or State court whose repatriation was re- ‘‘(2) EXCEPTION.—If an alien sought and re- government. fused or unreasonably delayed is to be re- ceived the express consent of the Secretary ‘‘(4) OFFICIAL RESTRAINT.—The term ‘offi- leased from detention by the Secretary of to reapply for admission into the United cial restraint’ means any restraint known to Homeland Security, the Secretary shall pro- States, or, with respect to an alien pre- the alien that serves to deprive the alien of vide notice to the State and local law en- viously denied admission and removed, the liberty and prevents the alien from going at forcement agency for the jurisdictions in alien was not required to obtain such ad- large into the United States. Surveillance which the alien is required to report or is to vance consent under the Immigration and unbeknownst to the alien shall not con- be released. When possible, and particularly Nationality Act or any prior Act, the alien stitute official restraint. in the case of violent crime, the Secretary shall not be subject to the fine and imprison- ‘‘(5) REMOVAL.—The term ‘removal’ in- shall make a reasonable effort to provide no- ment provided for in paragraph (1). cludes any denial of admission, exclusion, tice of such release to any crime victims and ‘‘(b) REENTRY OF CRIMINAL OFFENDERS.— deportation, or removal, or any agreement their immediate family members. Notwithstanding the penalty provided in by which an alien stipulates or agrees to ex- (g) DEFINITIONS.—For purposes of this sec- subsection (a), if an alien described in that clusion, deportation, or removal. tion: subsection was convicted before such re- ‘‘(6) STATE.—The term ‘State’ means a (1) BASELINE VISA NUMBER.—The term moval or departure— State of the United States, the District of ‘‘baseline visa number’’ means, with respect ‘‘(1) for 3 or more misdemeanors or for a Columbia, and any commonwealth, territory, to a country, the average number of visas felony, the alien shall be fined under title 18, or possession of the United States.’’. United States Code, imprisoned not more issued each fiscal year to nationals of that Subtitle D—Asylum Reform country under clauses (i) and (ii) of section than 10 years, or both; ‘‘(2) for a felony for which the alien was SEC. 2401. CLARIFICATION OF INTENT REGARD- 101(a)(15)(A) of the Immigration and Nation- ING TAXPAYER-PROVIDED COUNSEL. ality Act (8 U.S.C. 1101(a)(15)(A)) for the 3 sentenced to a term of imprisonment of not less than 30 months, the alien shall be fined Section 292 of the Immigration and Nation- full fiscal years immediately preceding the ality Act (8 U.S.C. 1362) is amended— first report under subsection (a) in which under such title, imprisoned not more than 15 years, or both; (1) by striking ‘‘In any removal pro- that country is included in the list under ceedings before an immigration judge and in subsection (a)(3). ‘‘(3) for a felony for which the alien was sentenced to a term of imprisonment of not any appeal proceedings before the Attorney (2) EXCESSIVE REPATRIATION FAILURE less than 60 months, the alien shall be fined General from any such removal proceedings’’ RATE.—The term ‘‘excessive repatriation under such title, imprisoned not more than and inserting ‘‘In any removal proceedings failure rate’’ means, with respect to a report 20 years, or both; or before an immigration judge, or any other under subsection (a), a failure rate greater ‘‘(4) for murder, rape, kidnapping, or a fel- immigration proceedings before the Attor- than 10 percent during— ony offense described in chapter 77 (relating ney General, the Secretary of Homeland Se- (A) the period of the 3 full fiscal years pre- to peonage and slavery) or 113B (relating to curity, or any appeal of such a proceeding’’. ceding the date of publication of the report; terrorism) of such title, or for 3 or more felo- (2) by striking ‘‘(at no expense to the Gov- or nies of any kind, the alien shall be fined ernment)’’; and (B) the period of 1 year preceding the date under such title, imprisoned not more than (3) by adding at the end the following of publication of the report. 25 years, or both. ‘‘Notwithstanding any other provision of (3) FAILURE RATE.—The term ‘‘failure rate’’ ‘‘(c) REENTRY AFTER REPEATED REMOVAL.— law, the Government may not bear any ex- for a period means the percentage deter- Any alien who has been denied admission, pense for counsel for any person in pro- mined by dividing the total number of repa- excluded, deported, or removed 3 or more ceedings described in this section.’’. triation requests for aliens who are citizens, times and thereafter enters, attempts to SEC. 2402. CREDIBLE FEAR INTERVIEWS. subjects, nationals, or residents of a country enter, crosses the border to, attempts to Section 235(b)(1)(B)(v) of the Immigration that refused or unreasonably delayed during cross the border to, or is at any time found and Nationality Act (8 U.S.C. 1225(b)(1)(B)(v)) that period by the total number of such re- in the United States, shall be fined under is amended by striking ‘‘claim’’ and all that quests during that period. title 18, United States Code, imprisoned not follows and inserting the following: ‘‘claim, (4) NUMBER OF NONREPATRIATIONS OUT- more than 10 years, or both. as determined pursuant to section STANDING.—The term ‘‘number of nonrepatri- ‘‘(d) PROOF OF PRIOR CONVICTIONS.—The 208(b)(1)(B)(iii), and such other facts as are ations outstanding’’ means, for a period, the prior convictions described in subsection (b) known to the officer, that the alien could es- number of unique aliens whose repatriation a are elements of the crimes described, and the tablish eligibility for asylum under section country has refused or unreasonably delayed penalties in that subsection shall apply only 1158 of this title, and it is more probable and whose repatriation has not occurred dur- in cases in which the conviction or convic- than not that the statements made by, and ing that period. tions that form the basis for the additional on behalf of, the alien in support of the (5) REFUSED OR UNREASONABLY DELAYED.—A penalty are— alien’s claim are true.’’. country is deemed to have ‘‘refused or unrea- ‘‘(1) alleged in the indictment or informa- sonably delayed’’ the acceptance of an alien tion; and SEC. 2403. RECORDING EXPEDITED REMOVAL AND CREDIBLE FEAR INTERVIEWS. who is a citizen, subject, national, or resi- ‘‘(2) proven beyond a reasonable doubt at (a) IN GENERAL.—The Secretary of Home- dent of that country if, not later than 90 trial or admitted by the defendant. land Security shall establish quality assur- days after receiving a request to repatriate ‘‘(e) REENTRY OF ALIEN REMOVED PRIOR TO ance procedures and take steps to effectively such alien from an official of the United COMPLETION OF TERM OF IMPRISONMENT.—Any ensure that questions by employees of the States who is authorized to make such a re- alien removed pursuant to section 241(a)(4) Department of Homeland Security exercising quest, the country does not accept the alien who enters, attempts to enter, crosses the expedited removal authority under section or issue valid travel documents. border to, attempts to cross the border to, or 235(b) of the Immigration and Nationality (h) GAO REPORT.—Not later than 1 day is at any time found in, the United States Act (8 U.S.C. 1225(b)) are asked in a uniform after the date on which the President sub- shall be incarcerated for the remainder of manner, to the extent possible, and that mits a budget under section 1105(a) of title the sentence of imprisonment which was both these questions and the answers pro- 31, United States Code, for fiscal year 2019, pending at the time of deportation without vided in response to them are recorded in a the Comptroller General of the United States any reduction for parole or supervised re- uniform fashion. shall submit a report to Congress regarding lease unless the alien affirmatively dem- (b) FACTORS RELATING TO SWORN STATE- the progress of the Secretary of Homeland onstrates that the Secretary of Homeland MENTS.—Whenever practicable, any sworn or Security and the Secretary of State in im- Security has expressly consented to the alien’s reentry. Such alien shall be subject to signed written statement taken of an alien plementation of this section and in making such other penalties relating to the reentry as part of the record of a proceeding under requests to repatriate aliens as appropriate. of removed aliens as may be available under section 235(b)(1)(A) of the Immigration and SEC. 2311. ILLEGAL REENTRY. this section or any other provision of law. Nationality Act (8 U.S.C. 1225(b)(1)(A)) shall Section 276 of the Immigration and Nation- ‘‘(f) DEFINITIONS.—In this section and sec- be accompanied by a recording of the inter- ality Act (8 U.S.C. 1326) is amended to read tion 275: view which served as the basis for that sworn as follows: ‘‘(1) CROSSES THE BORDER TO THE UNITED statement. ‘‘SEC. 276. REENTRY OF REMOVED ALIEN. STATES.—The term ‘crosses the border’ refers (c) INTERPRETERS.—The Secretary shall en- ‘‘(a) REENTRY AFTER REMOVAL.— to the physical act of crossing the border sure that a competent interpreter, not affili- ‘‘(1) IN GENERAL.—Any alien who has been free from official restraint. ated with the government of the country denied admission, excluded, deported, or re- ‘‘(2) FELONY.—The term ‘felony’ means any from which the alien may claim asylum, is moved, or who has departed the United criminal offense punishable by a term of im- used when the interviewing officer does not States while an order of exclusion, deporta- prisonment of more than 1 year under the speak a language understood by the alien. tion, or removal is outstanding, and subse- laws of the United States, any State, or a (d) RECORDINGS IN IMMIGRATION PRO- quently enters, attempts to enter, crosses foreign government. CEEDINGS.—There shall be an audio or audio

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00131 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.025 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S1060 CONGRESSIONAL RECORD — SENATE February 14, 2018 visual recording of interviews of aliens sub- Act (8 U.S.C. 1158(d)(6)) is amended to read as (2) by striking ‘‘offense.’’ and inserting ‘‘of- ject to expedited removal. The recording follows: fense or not later than 10 years after the shall be included in the record of proceeding ‘‘(6) FRIVOLOUS APPLICATIONS.— fraud is discovered.’’. and shall be considered as evidence in any ‘‘(A) IN GENERAL.—If the Secretary of SEC. 2410. TECHNICAL AMENDMENTS. further proceedings involving the alien. Homeland Security or the Attorney General Section 208 of the Immigration and Nation- (e) NO PRIVATE RIGHT OF ACTION.—Nothing determines that an alien has knowingly ality Act, as amended by this subtitle, is fur- in this section may be construed to create made a frivolous application for asylum and ther amended— any right, benefit, trust, or responsibility, the alien has received notice under para- (1) in subsection (a)— whether substantive or procedural, enforce- graph (4)(C), the alien shall be permanently (A) in paragraph (2)(D), by inserting ‘‘Sec- able in law or equity by a party against the ineligible for any benefits under this chap- retary of Homeland Security or the’’ before United States, its departments, agencies, in- ter, effective as the date of the final deter- ‘‘Attorney General’’; and strumentalities, entities, officers, employ- mination of such an application. (B) in paragraph (3), by inserting ‘‘Sec- ees, or agents, or any person, nor does this ‘‘(B) DEFINED TERM.—An application is retary of Homeland Security or the’’ before section create any right of review in any ad- ‘frivolous’ if the Secretary of Homeland Se- ‘‘Attorney General’’; ministrative, judicial, or other proceeding. curity or the Attorney General determines, (2) in subsection (b)(2), by inserting ‘‘Sec- SEC. 2404. SAFE THIRD COUNTRY. in accordance with subparagraph (C), that— retary of Homeland Security or the’’ before Section 208(a)(2)(A) of the Immigration and ‘‘(i) it is so insufficient in substance that it ‘‘Attorney General’’ each place such term Nationality Act (8 U.S.C. 1158(a)(2)(A)) is is clear that the applicant knowingly filed appears; amended— the application solely or in part— (3) in subsection (c)— (1) by striking ‘‘Attorney General’’ each ‘‘(I) to delay removal from the United (A) in paragraph (1), by striking ‘‘Attorney place it appears and inserting ‘‘Secretary of States; General’’ each place such term appears and Homeland Security’’; and ‘‘(II) to seek employment authorization as inserting ‘‘Secretary of Homeland Security’’; (2) by striking ‘‘removed, pursuant to a bi- an applicant for asylum pursuant to regula- and lateral or multilateral agreement, to’’ and tions issued pursuant to paragraph (2); or (B) in paragraph (3), by inserting ‘‘Sec- inserting ‘‘removed to’’. ‘‘(III) to seek issuance of a Notice to Ap- retary of Homeland Security or the’’ before SEC. 2405. RENUNCIATION OF ASYLUM STATUS peal in order to pursue Cancellation of Re- ‘‘Attorney General’’; and PURSUANT TO RETURN TO HOME moval under section 240A(b); or (4) in subsection (d)— COUNTRY. ‘‘(ii) any of its material elements are delib- (a) IN GENERAL.—Section 208(c) of the Im- (A) in paragraph (1), by inserting ‘‘Sec- erately fabricated. migration and Nationality Act (8 U.S.C. retary of Homeland Security or the’’ before ‘‘(C) CLARIFICATION.—The Secretary or the 1158(c)) is amended by adding at the end the ‘‘Attorney General’’ each place such term Attorney General may not determine that an following: appears; application is frivolous unless the applicant, ‘‘(4) RENUNCIATION OF STATUS PURSUANT TO (B) in paragraph (2), by striking ‘‘Attorney during the course of the proceedings, has had RETURN TO HOME COUNTRY.— General’’ and inserting ‘‘Secretary of Home- sufficient opportunity to clarify any discrep- ‘‘(A) IN GENERAL.—Except as provided in land Security’’; and ancies or implausible aspects of the claim. subparagraphs (B) and (C), any alien who is (C) in paragraph (5)— ‘‘(D) WITHHOLDING OF REMOVAL.—A finding granted asylum status under this section, (i) in subparagraph (A), by striking ‘‘Attor- under this paragraph that an alien filed a who, absent changed country conditions, ney General’’ and inserting ‘‘Secretary of frivolous asylum application shall not pre- subsequently returns to the country of such Homeland Security’’; and clude the alien from seeking withholding of alien’s nationality or, in the case of an alien (ii) in subparagraph (B), by inserting ‘‘Sec- removal under section 241(b)(3).) or protec- having no nationality, returns to any coun- retary of Homeland Security or the’’ before tion pursuant to the Convention Against try in which such alien last habitually re- ‘‘Attorney General’’. Torture.’’. sided, and who applied for such status be- Subtitle E—Unaccompanied and Accom- cause of persecution or a well-founded fear of SEC. 2407. ANTI-FRAUD INVESTIGATIVE WORK PRODUCT. panied Alien Minors Apprehended Along persecution in that country on account of the Border race, religion, nationality, membership in a (a) ASYLUM CREDIBILITY DETERMINATIONS.— particular social group, or political opinion, Section 208(b)(1)(B)(iii) of the Immigration SEC. 2501. REPATRIATION OF UNACCOMPANIED shall have his or her status terminated. and Nationality Act (8 U.S.C. ALIEN CHILDREN. ‘‘(B) WAIVER.—The Secretary of Homeland 1158(b)(1)(B)(iii)) is amended by inserting (a) IN GENERAL.—Section 235 of the Wil- Security may waive subparagraph (A) if the after ‘‘all relevant factors’’ the following: ‘‘, liam Wilberforce Trafficking Victims Pro- Secretary determines that the alien had a including statements made to, and investiga- tection Reauthorization Act of 2008 (8 U.S.C. compelling reason for the return. The waiver tive reports prepared by, immigration au- 1232) is amended— may be sought before the alien’s departure thorities and other government officials’’. (1) in subsection (a)— from the United States or upon the alien’s (b) RELIEF FOR REMOVAL CREDIBILITY DE- (A) in paragraph (2)— return to the United States. TERMINATIONS.—Section 240(c)(4)(C) of the (i) by amending the heading to read as fol- ‘‘(C) EXCEPTION FOR CERTAIN ALIENS FROM Immigration and Nationality Act (8 U.S.C. lows: ‘‘RULES FOR UNACCOMPANIED ALIEN CHIL- CUBA.—Subparagraph (A) shall not apply to 1229a(c)(4)(C)) is amended by inserting after DREN.—’’; an alien who is eligible for adjustment to ‘‘all relevant factors’’ the following: ‘‘, in- (ii) in subparagraph (A)— that of an alien lawfully admitted for perma- cluding statements made to, and investiga- (I) in the matter preceding clause (i), by nent residence pursuant to the Cuban Ad- tive reports prepared by, immigration au- striking ‘‘who is a national or habitual resi- justment Act of 1966 (Public Law 89–732).’’. thorities and other government officials’’. dent of a country that is contiguous with the (b) CONFORMING AMENDMENT.—Section SEC. 2408. PENALTIES FOR ASYLUM FRAUD. United States’’; (II) in clause (i), by inserting ‘‘and’’ at the 208(c)(3) of the Immigration and Nationality Section 1001 of title 18, United States Code, end; Act (8 U.S.C. 1158(c)(3)) is amended by insert- is amended by adding at the end the fol- (III) in clause (ii), by striking ‘‘; and’’ and ing ‘‘or (4)’’ after ‘‘paragraph (2)’’. lowing: inserting a period; and SEC. 2406. NOTICE CONCERNING FRIVOLOUS ASY- ‘‘(d) Whoever, in any matter before the LUM APPLICATIONS. (IV) by striking clause (iii); Secretary of Homeland Security or the At- (a) IN GENERAL.—Section 208(d)(4) of the (iii) in subparagraph (B)— torney General pertaining to asylum under Immigration and Nationality Act (8 U.S.C. (I) in the matter preceding clause (i), by section 208 of the Immigration and Nation- 1158(d)(4)) is amended— striking ‘‘(8 U.S.C. 1101 et seq.) may—’’ and ality Act (8 U.S.C. 1158) or withholding of re- (1) in the matter preceding subparagraph inserting ‘‘(8 U.S.C. 1101 et seq.)—’’; moval under section 241(b)(3) of such Act (8 (A), by inserting ‘‘the Secretary of Homeland (II) in clause (i), by inserting before ‘‘per- U.S.C. 1231(b)(3)), knowingly and willfully— Security or’’ before ‘‘the Attorney General’’; mit such child to withdraw’’ the following: ‘‘(1) makes any materially false, fictitious, (2) in subparagraph (A), by striking ‘‘and of ‘‘may’’; and or fraudulent statement or representation; the consequences, under paragraph (6), of (III) in clause (ii), by inserting before ‘‘re- or knowingly filing a frivolous application for turn such child’’ the following: ‘‘shall’’; and ‘‘(2) makes or uses any false writings or asylum; and’’ and inserting a semicolon; (iv) in subparagraph (C)— document knowing the same to contain any (3) in subparagraph (B), by striking the pe- (I) by amending the heading to read as fol- materially false, fictitious, or fraudulent riod and inserting ‘‘; and’’; and lows: ‘‘AGREEMENTS WITH FOREIGN COUN- statement or entry; (4) by adding at the end the following: TRIES.—’’; and ‘‘(C) ensure that a written warning appears shall be fined under this title or imprisoned (II) in the matter preceding clause (i), by on the asylum application advising the alien not more than 10 years, or both.’’. striking ‘‘The Secretary of State shall nego- of the consequences of filing a frivolous ap- SEC. 2409. STATUTE OF LIMITATIONS FOR ASY- tiate agreements between the United States plication and serving as notice to the alien LUM FRAUD. and countries contiguous to the United of the consequence of filing a frivolous appli- Section 3291 of title 18, United States Code, States’’ and inserting ‘‘The Secretary of cation.’’. is amended— State may negotiate agreements between the (b) CONFORMING AMENDMENT.—Section (1) by striking ‘‘1544,’’ and inserting ‘‘1544 United States and any foreign country that 208(d)(6) of the Immigration and Nationality and 1546,’’; the Secretary determines appropriate’’;

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00132 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.025 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S1061 (B) by redesignating paragraphs (3) after receiving the information listed in governed by sections 217, 235, 236, and 241 of through (5) as paragraphs (4) through (6), re- clause (i), the Secretary of Homeland Secu- the Immigration and Nationality Act (8 spectively, and inserting after paragraph (2) rity— U.S.C. 1187, 1225, 1226, and 1231). There exists the following: ‘‘(I) shall investigate the immigration sta- no presumption that an alien child who is ‘‘(3) SPECIAL RULES FOR INTERVIEWING UNAC- tus of the individual with whom the child is not an unaccompanied alien child should not COMPANIED ALIEN CHILDREN.—An unaccom- placed if the immigration status of such in- be detained, and all such determinations panied alien child shall be interviewed by a dividual is unknown; and shall be in the discretion of the Secretary of dedicated U.S. Citizenship and Immigration ‘‘(II) upon determining that an individual Homeland Security. Services immigration officer with special- with whom a child is placed is unlawfully ‘‘(2) RELEASE OF MINORS OTHER THAN UNAC- ized training in interviewing child traf- present in the United States, shall initiate COMPANIED ALIENS.—In no circumstances ficking victims. Such officer shall be in plain removal proceedings pursuant to chapter 4 of shall an alien minor who is not an unaccom- clothes and shall not carry a weapon. The title II of the Immigration and Nationality panied alien child be released by the Sec- interview shall occur in a private room.’’; Act (8 U.S.C. 1221 et seq.).’’; and retary of Homeland Security other than to a and (B) in paragraph (5)— parent or legal guardian.’’. (C) in paragraph (6)(D) (as so redesig- (i) by inserting after ‘‘to the greatest ex- (b) EFFECTIVE DATE.—The amendment nated)— tent practicable’’ the following: ‘‘(at no ex- made by subsection (a) shall take effect on (i) in the matter preceding clause (i), by pense to the Government)’’; and the date of the enactment of this Act and striking ‘‘, except for an unaccompanied (ii) by striking ‘‘have counsel to represent shall apply to all actions that occur before, alien child from a contiguous country sub- them’’ and inserting ‘‘have access to counsel on, or after the date of the enactment of this ject to exceptions under subsection (a)(2),’’ to represent them’’. Act. and inserting ‘‘who does not meet the cri- (b) EFFECTIVE DATE.—The amendments teria listed in paragraph (2)(A)’’; and made by this section shall apply to any un- TITLE III—BORDER ENFORCEMENT (ii) in clause (i), by inserting before the authorized alien child apprehended on or SEC. 3001. SHORT TITLE. semicolon at the end the following: ‘‘, which after June 15, 2012. shall include a hearing before an immigra- SEC. 2502. SPECIAL IMMIGRANT JUVENILE STA- This title may be cited as the ‘‘Border Se- tion judge not later than 14 days after being TUS FOR IMMIGRANTS UNABLE TO curity for America Act of 2018’’. screened under paragraph (4)’’; REUNITE WITH EITHER PARENT. Subtitle A—Border Security (2) in subsection (b)— Section 101(a)(27)(J)(i) of the Immigration (A) in paragraph (2)— and Nationality Act (8 U.S.C. SEC. 3101. DEFINITIONS. (i) in subparagraph (A), by inserting before 1101(a)(27)(J)(i)) is amended by striking ‘‘1 or In this subtitle: the semicolon the following: ‘‘believed not to both of the immigrant’s parents’’ and insert- (1) ADVANCED UNATTENDED SURVEILLANCE meet the criteria listed in subsection ing ‘‘either of the immigrant’s parents’’. SENSORS.—The term ‘‘advanced unattended (a)(2)(A)’’; and SEC. 2503. JURISDICTION OF ASYLUM APPLICA- (ii) in subparagraph (B), by inserting before surveillance sensors’’ means sensors that TIONS. utilize an onboard computer to analyze de- the period the following: ‘‘and does not meet Section 208(b)(3) of the Immigration and the criteria listed in subsection (a)(2)(A)’’; tections in an effort to discern between vehi- Nationality Act (8 U.S.C. 1158) is amended by cles, humans, and animals, and ultimately and striking subparagraph (C). (B) in paragraph (3), by striking ‘‘an unac- filter false positives prior to transmission. SEC. 2504. QUARTERLY REPORT TO CONGRESS. companied alien child in custody shall’’ and (2) APPROPRIATE CONGRESSIONAL COM- Not later than January 5, 2019, and every 3 all that follows, and inserting the following: MITTEE.—The term ‘‘appropriate congres- months thereafter— ‘‘an unaccompanied alien child in custody— sional committee’’ has the meaning given ‘‘(A) in the case of a child who does not (1) the Attorney General shall submit a re- the term in section 2(2) of the Homeland Se- meet the criteria listed in subsection port that identifies— curity Act of 2002 (6 U.S.C. 101(2)). (a)(2)(A), shall transfer the custody of such (A) the total number of asylum cases filed (3) COMMISSIONER.—The term ‘‘Commis- child to the Secretary of Health and Human by unaccompanied alien children and com- sioner’’ means the Commissioner of U.S. Cus- Services not later than 30 days after deter- pleted by an immigration judge during the 3- toms and Border Protection. mining that such child is an unaccompanied month period preceding the date of the re- (4) HIGH TRAFFIC AREAS.—The term ‘‘high alien child who does not meet such criteria; port, and the percentage of those cases in traffic areas’’ has the meaning given such or which asylum was granted; and term in section 102(e)(1) of the Illegal Immi- ‘‘(B) in the case of child who meets the cri- (B) the number of unaccompanied alien gration Reform and Immigrant Responsi- teria listed in subsection (a)(2)(A), may children who failed to appear for any pro- bility Act of 1996, as amended by section 3111 transfer the custody of such child to the Sec- ceeding before an immigration judge during of this division. retary of Health and Human Services after the 3-month period preceding the date of the (5) OPERATIONAL CONTROL.—The term determining that such child is an unaccom- report; and ‘‘operational control’’ has the meaning given panied alien child who meets such criteria.’’; (2) the Secretary of Homeland Security such term in section 2(b) of the Secure Fence and shall submit a report that identifies— Act of 2006 (8 U.S.C. 1701 note; Public Law (3) in subsection (c)— (A) the total number of applications for 109–367). (A) in paragraph (3), by inserting at the asylum, filed by unaccompanied alien chil- (6) SECRETARY.—The term ‘‘Secretary’’ end the following: dren, which were adjudicated during the 3- means the Secretary of Homeland Security. ‘‘(D) INFORMATION ABOUT INDIVIDUALS WITH month period preceding the date of the re- (7) SITUATIONAL AWARENESS.—The term WHOM CHILDREN ARE PLACED.— port; and ‘‘situational awareness’’ has the meaning ‘‘(i) INFORMATION TO BE PROVIDED TO HOME- (B) the percentage of such applications given such term in section 1092(a)(7) of the LAND SECURITY.—Before placing a child with that were granted. National Defense Authorization Act for Fis- an individual, the Secretary of Health and SEC. 2505. BIANNUAL REPORT TO CONGRESS. cal Year 2017 (Public Law 114–328; 6 U.S.C. Human Services shall provide to the Sec- Not later than January 5, 2019, and every 6 223(a)(7)). retary of Homeland Security— months thereafter, the Attorney General (8) SMALL UNMANNED AERIAL VEHICLE.—The ‘‘(I) the name of the individual with whom shall submit a report to Congress on each term ‘‘small unmanned aerial vehicle’’ has the child will be place; crime for which an unaccompanied alien the meaning given the term ‘‘small un- ‘‘(II) the social security number of such in- child is charged or convicted during the pre- manned aircraft’’ in section 331 of the FAA dividual; vious 6-month period following their release Modernization and Reform Act of 2012 (Pub- ‘‘(III) the date of birth of such individual; from the custody of the Secretary of Home- lic Law 112–95; 49 U.S.C. 40101 note). ‘‘(IV) the location of the individual’s resi- land Security pursuant to section 235 of the (9) TRANSIT ZONE.—The term ‘‘transit dence at which the child will be placed; William Wilberforce Trafficking Victims zone’’ has the meaning given such term in ‘‘(V) the immigration status of such indi- Protection Reauthorization Act of 2008 (8 section 1092(a)(8) of the National Defense Au- vidual, if known; and U.S.C. 1232). thorization Act for Fiscal Year 2017 (Public ‘‘(VI) contact information for such indi- SEC. 2506. CLARIFICATION OF STANDARDS FOR Law 114–328; 6 U.S.C. 223(a)(7)). vidual. FAMILY DETENTION. (10) UNMANNED AERIAL SYSTEM.—The term ‘‘(ii) SPECIAL RULE.—If a child who was ap- (a) IN GENERAL.—Section 235 of the Wil- ‘‘unmanned aerial system’’ has the meaning prehended on or after June 15, 2012, and be- liam Wilberforce Trafficking Victims Pro- given the term ‘‘unmanned aircraft system’’ fore the date of the enactment of this sub- tection Reauthorization Act of 2008 (8 U.S.C. in section 331 of the FAA Modernization and paragraph was placed by the Secretary of 1232) is amended by adding at the end the fol- Reform Act of 2012 (Public Law 112–95; 49 Health and Human Services placed with an lowing: U.S.C. 40101 note). individual, the Secretary shall provide the ‘‘(j) RULE OF CONSTRUCTION.— (11) UNMANNED AERIAL VEHICLE.—The term information listed in clause (i) to the Sec- ‘‘(1) IN GENERAL.—Notwithstanding any ‘‘unmanned aerial vehicle’’ has the meaning retary of Homeland Security not later than other provision of law, judicial determina- given the term ‘‘unmanned aircraft’’ in sec- 90 days after such date of enactment. tion, consent decree, or settlement agree- tion 331 of the FAA Modernization and Re- ‘‘(iii) ACTIVITIES OF THE SECRETARY OF ment, the detention of any alien child who is form Act of 2012 (Public Law 112–95; 49 U.S.C. HOMELAND SECURITY.—Not later than 30 days not an unaccompanied alien child shall be 40101 note).

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00133 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.025 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S1062 CONGRESSIONAL RECORD — SENATE February 14, 2018 CHAPTER 1—INFRASTRUCTURE AND or technology the Secretary has determined given such term in section 1092(a)(7) of the EQUIPMENT is most practical and effective to achieve sit- National Defense Authorization Act for Fis- SEC. 3111. STRENGTHENING THE REQUIREMENTS uational awareness and operational control cal Year 2017 (Public Law 114–328). FOR BARRIERS ALONG THE SOUTH- in a specific area or region and the other al- ‘‘(5) TACTICAL INFRASTRUCTURE.—The term ERN BORDER. ternatives the Secretary considered before ‘tactical infrastructure’ includes boat ramps, Section 102 of the Illegal Immigration Re- making such a determination.’’; and access gates, checkpoints, lighting, and form and Immigrant Responsibility Act of (iv) by striking subparagraph (D); roads. 1996 (Division C of Public Law 104–208; 8 (C) in paragraph (2)— ‘‘(6) TECHNOLOGY.—The term ‘technology’ U.S.C. 1103 note) is amended— (i) by striking ‘‘Attorney General’’ and in- includes border surveillance and detection (1) by amending subsection (a) to read as serting ‘‘Secretary of Homeland Security’’; technology, including the following: follows: (ii) by striking ‘‘this subsection’’ and in- ‘‘(A) Tower-based surveillance technology. ‘‘(a) IN GENERAL.—The Secretary of Home- serting ‘‘this section’’; and ‘‘(B) Deployable, lighter-than-air ground land Security shall take such actions as may (iii) by striking ‘‘construction of fences’’ surveillance equipment. be necessary (including the removal of obsta- and inserting ‘‘the construction of physical ‘‘(C) Vehicle and Dismount Exploitation cles to detection of illegal entrants) to de- barriers’’; and Radars (VADER). sign, test, construct, install, deploy, and op- (D) by amending paragraph (3) to read as ‘‘(D) 3-dimensional, seismic acoustic detec- erate physical barriers, tactical infrastruc- follows: tion and ranging border tunneling detection ture, and technology in the vicinity of the ‘‘(3) AGENT SAFETY.—In carrying out this technology. United States border to achieve situational section, the Secretary of Homeland Security, ‘‘(E) Advanced unattended surveillance awareness and operational control of the when designing, constructing, and deploying sensors. border and deter, impede, and detect illegal physical barriers, tactical infrastructure, or activity in high traffic areas.’’; ‘‘(F) Mobile vehicle-mounted and man- technology, shall incorporate such safety (2) in subsection (b)— portable surveillance capabilities. features into such design, construction, or (A) in the subsection heading, by striking ‘‘(G) Unmanned aerial vehicles. deployment of such physical barriers, tac- ‘‘(H) Other border detection, communica- ‘‘FENCING AND ROAD IMPROVEMENTS’’ and in- tical infrastructure, or technology, as the tion, and surveillance technology. serting ‘‘PHYSICAL BARRIERS’’; (B) in paragraph (1)— case may be, that the Secretary determines, ‘‘(7) UNMANNED AERIAL VEHICLES.—The (i) in subparagraph (A)— in the Secretary’s sole discretion, are nec- term ‘unmanned aerial vehicle’ has the (I) by striking ‘‘subsection (a)’’ and insert- essary to maximize the safety and effective- meaning given the term ‘unmanned aircraft’ ing ‘‘this section’’; ness of officers or agents of the Department in section 331 of the FAA Modernization and (II) by striking ‘‘roads, lighting, cameras, of Homeland Security or of any other Fed- Reform Act of 2012 (Public Law 112–95; 49 and sensors’’ and inserting ‘‘tactical infra- eral agency deployed in the vicinity of such U.S.C. 40101 note).’’. structure, and technology’’; and physical barriers, tactical infrastructure, or SEC. 3112. AIR AND MARINE OPERATIONS FLIGHT (III) by striking ‘‘gain’’ inserting ‘‘achieve technology.’’; HOURS. situational awareness and’’; and (3) in subsection (c), by amending para- (a) INCREASED FLIGHT HOURS.—The Sec- (ii) by amending subparagraph (B) to read graph (1) to read as follows: retary, after coordination with the Adminis- as follows: ‘‘(1) IN GENERAL.—Notwithstanding any trator of the Federal Aviation Administra- ‘‘(B) PHYSICAL BARRIERS AND TACTICAL IN- other provision of law, the Secretary of tion, shall ensure that not fewer than 95,000 annual flight hours are carried out by Air FRASTRUCTURE.— Homeland Security shall have the authority and Marine Operations of U.S. Customs and ‘‘(i) IN GENERAL.—Not later than Sep- to waive all legal requirements the Sec- tember 30, 2022, the Secretary of Homeland retary, in the Secretary’s sole discretion, de- Border Protection. (b) UNMANNED AERIAL SYSTEM.—The Sec- Security, in carrying out this section, shall termines necessary to ensure the expeditious retary shall ensure that Air and Marine Op- deploy along the United States border the design, testing, construction, installation, erations operate unmanned aerial systems most practical and effective physical bar- deployment, operation, and maintenance of on the southern border of the United States riers and tactical infrastructure available the physical barriers, tactical infrastructure, for not less than 24 hours per day for five for achieving situational awareness and and technology under this section. Any such decision by the Secretary shall be effective days per week. operational control of the border. (c) CONTRACT AIR SUPPORT AUTHORIZA- ‘‘(ii) CONSIDERATION FOR CERTAIN PHYSICAL upon publication in the Federal Register.’’; and TION.—The Commissioner shall contract for BARRIERS AND TACTICAL INFRASTRUCTURE.— the unfulfilled identified air support mission The deployment of physical barriers and tac- (4) by adding after subsection (d) the fol- lowing new subsections: critical hours, as identified by the Chief of tical infrastructure under this subparagraph the U.S. Border Patrol. shall not apply in any area or region along ‘‘(e) TECHNOLOGY.—Not later than Sep- tember 30, 2022, the Secretary of Homeland (d) PRIMARY MISSION.—The Commissioner the border where natural terrain features, shall ensure that— natural barriers, or the remoteness of such Security, in carrying out this section, shall deploy along the United States border the (1) the primary missions for Air and Ma- area or region would make any such deploy- most practical and effective technology rine Operations are to directly support U.S. ment ineffective, as determined by the Sec- available for achieving situational awareness Border Patrol activities along the southern retary, for the purposes of achieving situa- and operational control of the border. border of the United States and Joint Inter- tional awareness or operational control of ‘‘(f) LIMITATION ON REQUIREMENTS.—Noth- agency Task Force South operations in the such area or region.’’; ing in this section may be construed as re- transit zone; and (iii) in subparagraph (C)— quiring the Secretary of Homeland Security (2) the Executive Assistant Commissioner (I) by amending clause (i) to read as fol- to install tactical infrastructure, tech- of Air and Marine Operations assigns the lows: nology, and physical barriers in a particular greatest priority to support missions estab- ‘‘(i) IN GENERAL.—In carrying out this sec- location along an international border of the lished by the Commissioner to carry out the tion, the Secretary of Homeland Security United States, if the Secretary determines requirements under this Act. shall, before constructing physical barriers that the use or placement of such resources (e) HIGH-DEMAND FLIGHT HOUR REQUIRE- in a specific area or region, consult with the is not the most appropriate means to achieve MENTS.—In accordance with subsection (d), Secretary of the Interior, the Secretary of and maintain situational awareness and the Commissioner shall ensure that U.S. Agriculture, appropriate representatives of operational control over the international Border Patrol Sector Chiefs— Federal, State, local, and tribal govern- border at such location. (1) identify critical flight hour require- ments, and appropriate private property ‘‘(g) DEFINITIONS.—In this section: ments; and owners in the United States to minimize the ‘‘(1) HIGH TRAFFIC AREAS.—The term ‘high (2) direct Air and Marine Operations to impact on the environment, culture, com- traffic areas’ means areas in the vicinity of support requests from Sector Chiefs as their merce, and quality of life for the commu- the United States border that— primary mission. nities and residents located near the sites at ‘‘(A) are within the responsibility of U.S. (f) SMALL UNMANNED AERIAL VEHICLES.— which such physical barriers are to be con- Customs and Border Protection; and (1) IN GENERAL.—The Chief of the U.S. Bor- structed.’’; ‘‘(B) have significant unlawful cross-border der Patrol shall be the executive agent for (II) by redesignating clause (ii) as clause activity, as determined by the Secretary of U.S. Customs and Border Protection’s use of (iii); and Homeland Security. small unmanned aerial vehicles for the pur- (III) by inserting after clause (i), as amend- ‘‘(2) OPERATIONAL CONTROL.—The term pose of meeting the U.S. Border Patrol’s ed, the following new clause: ‘operational control’ has the meaning given unmet flight hour operational requirements ‘‘(ii) NOTIFICATION.—Not later than 60 days such term in section 2(b) of the Secure Fence and to achieve situational awareness and after the consultation required under clause Act of 2006 (8 U.S.C. 1701 note; Public Law operational control. (i), the Secretary of Homeland Security shall 109–367). (2) COORDINATION.—In carrying out para- notify the Committee on Homeland Security ‘‘(3) PHYSICAL BARRIERS.—The term ‘phys- graph (1), the Chief of the U.S. Border Patrol of the House of Representatives and the ical barriers’ includes reinforced fencing, shall— Committee on Homeland Security and Gov- border wall system, and levee walls. (A) coordinate flight operations with the ernmental Affairs of the Senate of the type ‘‘(4) SITUATIONAL AWARENESS.—The term Administrator of the Federal Aviation Ad- of physical barriers, tactical infrastructure, ‘situational awareness’ has the meaning ministration to ensure the safe and efficient

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00134 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.025 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S1063 operation of the National Airspace System; (G) Man-portable unmanned aerial vehi- (F) A rapid reaction capability supported and cles. by aviation assets. (B) coordinate with the Executive Assist- (H) Improved agent communications capa- (G) Mobile vehicle-mounted and man-port- ant Commissioner for Air and Marine Oper- bilities. able surveillance capabilities. ations of U.S. Customs and Border Protec- (3) YUMA SECTOR.—For the Yuma sector, (H) Man-portable unmanned aerial vehi- tion to ensure the safety of other U.S. Cus- the following: cles. toms and Border Protection aircraft flying (A) Tower-based surveillance technology. (I) Improved agent communications capa- in the vicinity of small unmanned aerial ve- (B) Deployable, lighter-than-air ground bilities. hicles operated by the U.S. Border Patrol. surveillance equipment. (8) LAREDO SECTOR.—For the Laredo sector, (3) CONFORMING AMENDMENT.—Paragraph (C) Ultralight aircraft detection capabili- the following: (3) of section 411(e) of the Homeland Security ties. (A) Tower-based surveillance technology. Act of 2002 (6 U.S.C. 211(e)) is amended— (D) Advanced unattended surveillance sen- (B) Maritime detection resources for the (A) in subparagraph (B), by striking ‘‘and’’ sors. Falcon Lake region. after the semicolon at the end; (E) A rapid reaction capability supported (C) Increased flight hours for aerial detec- (B) by redesignating subparagraph (C) as by aviation assets. tion, interdiction, and monitoring operations subparagraph (D); and (F) Mobile vehicle-mounted and man-port- capability. (C) by inserting after subparagraph (B) the able surveillance systems. (D) Increased monitoring for cross-river following new subparagraph: (G) Man-portable unmanned aerial vehi- dams, culverts, and footpaths. cles. ‘‘(C) carry out the small unmanned aerial (E) Ultralight aircraft detection capa- (H) Improved agent communications capa- vehicle requirements pursuant to subsection bility. bilities. (f) of section 1112 of the Border Security for (F) Advanced unattended surveillance sen- (4) TUCSON SECTOR.—For the Tucson sector, America Act of 2018; and’’. sors. the following: (g) SAVING CLAUSE.—Nothing in this sec- (G) A rapid reaction capability supported (A) Tower-based surveillance technology. tion shall confer, transfer, or delegate to the by aviation assets. Secretary, the Commissioner, the Executive (B) Increased flight hours for aerial detec- (H) Man-portable unmanned aerial vehi- Assistant Commissioner for Air and Marine tion, interdiction, and monitoring operations cles. Operations of U.S. Customs and Border Pro- capability. (I) Improved agent communications capa- tection, or the Chief of the U.S. Border Pa- (C) Deployable, lighter-than-air ground bilities. trol any authority of the Secretary of Trans- surveillance equipment. portation or the Administrator of the Fed- (D) Ultralight aircraft detection capabili- (9) RIO GRANDE VALLEY SECTOR.—For the eral Aviation Administration relating to the ties. Rio Grande Valley sector, the following: use of airspace or aviation safety. (E) Advanced unattended surveillance sen- (A) Tower-based surveillance technology. (B) Deployable, lighter-than-air ground SEC. 3113. CAPABILITY DEPLOYMENT TO SPE- sors. CIFIC SECTORS AND TRANSIT ZONE. (F) A rapid reaction capability supported surveillance equipment. (a) IN GENERAL.—Not later than September by aviation assets. (C) Increased flight hours for aerial detec- 30, 2022, the Secretary, in implementing sec- (G) Man-portable unmanned aerial vehi- tion, interdiction, and monitoring operations tion 102 of the Illegal Immigration Reform cles. capability. and Immigrant Responsibility Act of 1996 (as (H) Improved agent communications capa- (D) Ultralight aircraft detection capa- amended by section 3111 of this division), and bilities. bility. acting through the appropriate component of (5) EL PASO SECTOR.—For the El Paso sec- (E) Advanced unattended surveillance sen- the Department of Homeland Security, shall tor, the following: sors. deploy to each sector or region of the south- (A) Tower-based surveillance technology. (F) Increased monitoring for cross-river ern border and the northern border, in a (B) Deployable, lighter-than-air ground dams, culverts, footpaths. prioritized manner to achieve situational surveillance equipment. (G) A rapid reaction capability supported awareness and operational control of such (C) Ultralight aircraft detection capabili- by aviation assets. borders, the following additional capabili- ties. (H) Increased maritime interdiction capa- ties: (D) Advanced unattended surveillance sen- bilities. (1) SAN DIEGO SECTOR.—For the San Diego sors. (I) Mobile vehicle-mounted and man-port- sector, the following: (E) Mobile vehicle-mounted and man-port- able surveillance capabilities. (A) Tower-based surveillance technology. able surveillance systems. (J) Man-portable unmanned aerial vehi- (B) Subterranean surveillance and detec- (F) A rapid reaction capability supported cles. tion technologies. by aviation assets. (K) Improved agent communications capa- (C) To increase coastal maritime domain (G) Mobile vehicle-mounted and man-port- bilities. awareness, the following: able surveillance capabilities. (10) BLAINE SECTOR.—For the Blaine sector, (i) Deployable, lighter-than-air surface sur- (H) Man-portable unmanned aerial vehi- the following: veillance equipment. cles. (A) Increased flight hours for aerial detec- (ii) Unmanned aerial vehicles with mari- (I) Improved agent communications capa- tion, interdiction, and monitoring operations time surveillance capability. bilities. capability. (iii) U.S. Customs and Border Protection (6) BIG BEND SECTOR.—For the Big Bend (B) Coastal radar surveillance systems. maritime patrol aircraft. sector, the following: (C) Increased maritime interdiction capa- (iv) Coastal radar surveillance systems. (A) Tower-based surveillance technology. bilities. (v) Maritime signals intelligence capabili- (B) Deployable, lighter-than-air ground (D) Mobile vehicle-mounted and man-port- ties. surveillance equipment. able surveillance capabilities. (D) Ultralight aircraft detection capabili- (C) Improved agent communications capa- (E) Advanced unattended surveillance sen- ties. bilities. sors. (E) Advanced unattended surveillance sen- (D) Ultralight aircraft detection capabili- (F) Ultralight aircraft detection capabili- sors. ties. ties. (F) A rapid reaction capability supported (E) Advanced unattended surveillance sen- (G) Man-portable unmanned aerial vehi- by aviation assets. sors. cles. (G) Mobile vehicle-mounted and man-port- (F) A rapid reaction capability supported (H) Improved agent communications capa- able surveillance capabilities. by aviation assets. bilities. (H) Man-portable unmanned aerial vehi- (G) Mobile vehicle-mounted and man-port- (11) SPOKANE SECTOR.—For the Spokane cles. able surveillance capabilities. sector, the following: (I) Improved agent communications capa- (H) Man-portable unmanned aerial vehi- (A) Increased flight hours for aerial detec- bilities. cles. tion, interdiction, and monitoring operations (2) EL CENTRO SECTOR.—For the El Centro (I) Improved agent communications capa- capability. sector, the following: bilities. (B) Increased maritime interdiction capa- (A) Tower-based surveillance technology. (7) DEL RIO SECTOR.—For the Del Rio sec- bilities. (B) Deployable, lighter-than-air ground tor, the following: (C) Mobile vehicle-mounted and man-port- surveillance equipment. (A) Tower-based surveillance technology. able surveillance capabilities. (C) Man-portable unmanned aerial vehi- (B) Increased monitoring for cross-river (D) Advanced unattended surveillance sen- cles. dams, culverts, and footpaths. sors. (D) Ultralight aircraft detection capabili- (C) Improved agent communications capa- (E) Ultralight aircraft detection capabili- ties. bilities. ties. (E) Advanced unattended surveillance sen- (D) Improved maritime capabilities in the (F) Completion of six miles of the Bog sors. Amistad National Recreation Area. Creek road. (F) A rapid reaction capability supported (E) Advanced unattended surveillance sen- (G) Man-portable unmanned aerial vehi- by aviation assets. sors. cles.

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(H) Improved agent communications sys- (B) Mobile vehicle-mounted and man-port- (B) ALTERATION.—The Secretary may alter tems. able surveillance capabilities. the capability deployments referred to in (12) HAVRE SECTOR.—For the Havre sector, (C) Advanced unattended surveillance sen- this section if the Secretary— the following: sors. (i) determines, after consultation with the (A) Increased flight hours for aerial detec- (D) Ultralight aircraft detection capabili- committees referred to in subparagraph (A), tion, interdiction, and monitoring operations ties. that such alteration is necessary; and capability. (E) Man-portable unmanned aerial vehi- (ii) not later than 30 days after making a (B) Mobile vehicle-mounted and man-port- cles. determination under clause (i), notifies the able surveillance capabilities. (F) Improved agent communications sys- committees referred to in such subparagraph (C) Advanced unattended surveillance sen- tems. regarding such alteration, including infor- sors. (18) TRANSIT ZONE.—For the transit zone, mation relating to— (D) Ultralight aircraft detection capabili- the following: (I) the number and types of assets and per- ties. (A) Not later than two years after the date sonnel deployed pursuant to such alteration; (E) Man-portable unmanned aerial vehi- of the enactment of this Act, an increase in and cles. the number of overall cutter, boat, and air- (II) the impact such alteration has on the (F) Improved agent communications sys- craft hours spent conducting interdiction op- capability of the Coast Guard to conduct its tems. erations over the average number of such mission in the transit zone referred to in (13) GRAND FORKS SECTOR.—For the Grand hours during the preceding three fiscal paragraph (18) of subsection (a). Forks sector, the following: years. (c) EXIGENT CIRCUMSTANCES.— (A) Increased flight hours for aerial detec- (B) Increased maritime signals intelligence (1) IN GENERAL.—Notwithstanding sub- tion, interdiction, and monitoring operations capabilities. section (b), the Secretary may deploy the ca- capability. (C) To increase maritime domain aware- pabilities referred to in subsection (a) in a (B) Mobile vehicle-mounted and man-port- ness, the following: manner that is inconsistent with the re- able surveillance capabilities. quirements specified in such subsection if, (C) Advanced unattended surveillance sen- (i) Unmanned aerial vehicles with mari- time surveillance capability. after the Secretary has deployed at least 25 sors. percent of such capabilities, the Secretary (D) Ultralight aircraft detection capabili- (ii) Increased maritime aviation patrol hours. determines that exigent circumstances de- ties. mand such an inconsistent deployment or (E) Man-portable unmanned aerial vehi- (D) Increased operational hours for mari- time security components dedicated to joint that such an inconsistent deployment is cles. vital to the national security interests of the (F) Improved agent communications sys- counter-smuggling and interdiction efforts with other Federal agencies, including the United States. tems. (2) NOTIFICATION.—The Secretary shall no- (14) DETROIT SECTOR.—For the Detroit sec- Deployable Specialized Forces of the Coast Guard. tify the Committee on Homeland Security of tor, the following: the House of Representative and the Com- (E) Coastal radar surveillance systems (A) Increased flight hours for aerial detec- mittee on Homeland Security and Govern- with long range day and night cameras capa- tion, interdiction, and monitoring operations mental Affairs of the Senate not later than ble of providing full maritime domain aware- capability. 30 days after making a determination under ness of the United States territorial waters (B) Coastal radar surveillance systems. paragraph (1). Such notification shall in- (C) Increased maritime interdiction capa- surrounding Puerto Rico, Mona Island, clude a detailed justification regarding such bilities. Desecheo Island, Vieques Island, Culebra Is- determination. (D) Mobile vehicle-mounted and man-port- land, Saint Thomas, Saint John, and Saint able surveillance capabilities. Croix. SEC. 3114. U.S. BORDER PATROL ACTIVITIES. (E) Advanced unattended surveillance sen- The Chief of the U.S. Border Patrol shall (b) TACTICAL FLEXIBILITY.— sors. prioritize the deployment of U.S. Border Pa- (1) SOUTHERN AND NORTHERN LAND BOR- (F) Ultralight aircraft detection capabili- trol agents to as close to the physical land DERS.— ties. border as possible, consistent with border se- (A) IN GENERAL.—Beginning on September (G) Man-portable unmanned aerial vehi- curity enforcement priorities and accessi- 30, 2021, or after the Secretary has deployed cles. bility to such areas. at least 25 percent of the capabilities re- (H) Improved agent communications sys- SEC. 3115. BORDER SECURITY TECHNOLOGY PRO- tems. quired in each sector specified in subsection GRAM MANAGEMENT. (a), whichever comes later, the Secretary (15) BUFFALO SECTOR.—For the Buffalo sec- (a) IN GENERAL.—Subtitle C of title IV of tor, the following: may deviate from such capability deploy- the Homeland Security Act of 2002 (6 U.S.C. (A) Increased flight hours for aerial detec- ments if the Secretary determines that such 231 et seq.) is amended by adding at the end tion, interdiction, and monitoring operations deviation is required to achieve situational the following new section: capability. awareness or operational control. ‘‘SEC. 435. BORDER SECURITY TECHNOLOGY PRO- (B) Coastal radar surveillance systems. (B) NOTIFICATION.—If the Secretary exer- GRAM MANAGEMENT. (C) Increased maritime interdiction capa- cises the authority described in subpara- ‘‘(a) MAJOR ACQUISITION PROGRAM DE- bilities. graph (A), the Secretary shall, not later than FINED.—In this section, the term ‘major ac- (D) Mobile vehicle-mounted and man-port- 90 days after such exercise, notify the Com- quisition program’ means an acquisition pro- able surveillance capabilities. mittee on Homeland Security and Govern- gram of the Department that is estimated by (E) Advanced unattended surveillance sen- mental Affairs of the Senate and the Com- the Secretary to require an eventual total sors. mittee on Homeland Security of the House of expenditure of at least $300,000,000 (based on (F) Ultralight aircraft detection capabili- Representatives regarding the deviation fiscal year 2017 constant dollars) over its life ties. under such subparagraph that is the subject cycle cost. (G) Man-portable unmanned aerial vehi- of such exercise. If the Secretary makes any ‘‘(b) PLANNING DOCUMENTATION.—For each cles. changes to such deviation, the Secretary border security technology acquisition pro- (H) Improved agent communications sys- shall, not later than 90 days after any such gram of the Department that is determined tems. change, notify such committees regarding to be a major acquisition program, the Sec- (16) SWANTON SECTOR.—For the Swanton such change. retary shall— sector, the following: (2) TRANSIT ZONE.— ‘‘(1) ensure that each such program has a (A) Increased flight hours for aerial detec- (A) NOTIFICATION.—The Secretary shall no- written acquisition program baseline ap- tion, interdiction, and monitoring operations tify the Committee on Homeland Security proved by the relevant acquisition decision capability. and Governmental Affairs of the Senate, the authority; (B) Mobile vehicle-mounted and man-port- Committee on Commerce, Science, and ‘‘(2) document that each such program is able surveillance capabilities. Transportation of the Senate, the Com- meeting cost, schedule, and performance (C) Advanced unattended surveillance sen- mittee on Homeland Security of the House of thresholds as specified in such baseline, in sors. Representatives, and the Committee on compliance with relevant departmental ac- (D) Ultralight aircraft detection capabili- Transportation and Infrastructure of the quisition policies and the Federal Acquisi- ties. House of Representatives regarding the capa- tion Regulation; and (E) Man-portable unmanned aerial vehi- bility deployments for the transit zone speci- ‘‘(3) have a plan for meeting program im- cles. fied in paragraph (18) of subsection (a), in- plementation objectives by managing con- (F) Improved agent communications sys- cluding information relating to— tractor performance. tems. (i) the number and types of assets and per- ‘‘(c) ADHERENCE TO STANDARDS.—The Sec- (17) HOULTON SECTOR.—For the Houlton sonnel deployed; and retary, acting through the Under Secretary sector, the following: (ii) the impact such deployments have on for Management and the Commissioner of (A) Increased flight hours for aerial detec- the capability of the Coast Guard to conduct U.S. Customs and Border Protection, shall tion, interdiction, and monitoring operations its mission in the transit zone referred to in ensure border security technology acquisi- capability. paragraph (18) of subsection (a). tion program managers who are responsible

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for carrying out this section adhere to rel- (e) REIMBURSEMENT REQUIRED.— covered Federal land to conduct the activi- evant internal control standards identified (1) IN GENERAL.—The Secretary of Defense ties described in paragraph (2) on such land by the Comptroller General of the United shall reimburse States for the cost of the de- to prevent all unlawful entries into the States. The Commissioner shall provide in- ployment of any units or personnel of the United States, including entries by terror- formation, as needed, to assist the Under National Guard to perform operations and ists, unlawful aliens, instruments of ter- Secretary in monitoring management of bor- missions in full-time State Active Duty in rorism, narcotics, and other contraband der security technology acquisition pro- support of a southern border mission. The through the southern border or the northern grams under this section. Secretary of Defense may not seek reim- border. ‘‘(d) PLAN.—The Secretary, acting through bursement from the Secretary for any reim- (2) ACTIVITIES DESCRIBED.—The activities the Under Secretary for Management, in co- bursements paid to States for the costs of described in this paragraph are— ordination with the Under Secretary for such deployments. (A) the execution of search and rescue op- Science and Technology and the Commis- (2) LIMITATION.—The total amount of reim- erations; sioner of U.S. Customs and Border Protec- bursements under this section may not ex- (B) the use of motorized vehicles, foot pa- tion, shall submit to the appropriate con- ceed $35,000,000 for any fiscal year. trols, and horseback to patrol the border gressional committees a plan for testing, SEC. 3117. NATIONAL GUARD SUPPORT TO SE- area, apprehend illegal entrants, and rescue evaluating, and using independent CURE THE SOUTHERN BORDER. individuals; and verification and validation resources for bor- (a) IN GENERAL.—The Secretary of Defense, (C) the design, testing, construction, in- der security technology. Under the plan, new with the concurrence of the Secretary, shall stallation, deployment, and operation of border security technologies shall be evalu- provide assistance to U.S. Customs and Bor- physical barriers, tactical infrastructure, ated through a series of assessments, proc- der Protection for purposes of increasing on- and technology pursuant to section 102 of the esses, and audits to ensure— going efforts to secure the southern border. Illegal Immigration Reform and Immigrant ‘‘(1) compliance with relevant depart- (b) TYPES OF ASSISTANCE AUTHORIZED.— Responsibility Act of 1996 (as amended by mental acquisition policies and the Federal The assistance provided under subsection (a) section 3111 of this division). Acquisition Regulation; and may include— (c) CLARIFICATION RELATING TO WAIVER AU- ‘‘(2) the effective use of taxpayer dollars.’’. (1) deployment of manned aircraft, un- THORITY.— (b) CLERICAL AMENDMENT.—The table of manned aerial surveillance systems, and (1) IN GENERAL.—The activities of U.S. Cus- contents in section 1(b) of the Homeland Se- ground-based surveillance systems to sup- toms and Border Protection described in sub- curity Act of 2002 is amended by inserting port continuous surveillance of the southern section (b)(2) may be carried out without re- after the item relating to section 433 the fol- border; and gard to the provisions of law specified in lowing new item: (2) intelligence analysis support. paragraph (2). (c) MATERIEL AND LOGISTICAL SUPPORT.— ‘‘Sec. 435. Border security technology pro- (2) PROVISIONS OF LAW SPECIFIED.—The pro- The Secretary of Defense may deploy such visions of law specified in this section are all gram management.’’. materiel, equipment, and logistics support as (c) PROHIBITION ON ADDITIONAL AUTHORIZA- Federal, State, or other laws, regulations, may be necessary to ensure the effectiveness TION OF APPROPRIATIONS.—No additional and legal requirements of, deriving from, or of the assistance provided under subsection funds are authorized to be appropriated to related to the subject of, the following laws: (a). carry out section 435 of the Homeland Secu- (A) The National Environmental Policy (d) AUTHORIZATION OF APPROPRIATIONS.— Act of 1969 (42 U.S.C. 4321 et seq.). rity Act of 2002, as added by subsection (a). There are authorized to be appropriated for Such section shall be carried out using (B) The Endangered Species Act of 1973 (16 the Department of Defense $75,000,000 to pro- U.S.C. 1531 et seq.). amounts otherwise authorized for such pur- vide assistance under this section. The Sec- poses. (C) The Federal Water Pollution Control retary of Defense may not seek reimburse- Act (33 U.S.C. 1251 et seq.) (commonly re- SEC. 3116. REIMBURSEMENT OF STATES FOR DE- ment from the Secretary for any assistance PLOYMENT OF THE NATIONAL ferred to as the ‘‘Clean Water Act’’). provided under this section. (D) Division A of subtitle III of title 54, GUARD AT THE SOUTHERN BORDER. (e) REPORTS.— United States Code (54 U.S.C. 300301 et seq.) (a) IN GENERAL.—With the approval of the (1) IN GENERAL.—Not later than 90 days (formerly known as the ‘‘National Historic Secretary and the Secretary of Defense, the after the date of the enactment of this Act Preservation Act’’). Governor of a State may order any units or and annually thereafter, the Secretary of De- (E) The Migratory Bird Treaty Act (16 personnel of the National Guard of such fense shall submit a report to the appro- U.S.C. 703 et seq.). State to perform operations and missions priate congressional defense committees (as (F) The Clean Air Act (42 U.S.C. 7401 et under section 502(f) of title 32, United States defined in section 101(a)(16) of title 10, United seq.). Code, along the southern border for the pur- States Code) regarding any assistance pro- (G) The Archaeological Resources Protec- poses of assisting U.S. Customs and Border vided under subsection (a) during the period tion Act of 1979 (16 U.S.C. 470aa et seq.). Protection to achieve situational awareness specified in paragraph (3). (H) The Safe Drinking Water Act (42 U.S.C. and operational control of the border. (2) ELEMENTS.—Each report under para- 300f et seq.). (b) ASSIGNMENT OF OPERATIONS AND MIS- graph (1) shall include, for the period speci- (I) The Noise Control Act of 1972 (42 U.S.C. SIONS.— fied in paragraph (3), a description of— (1) IN GENERAL.—National Guard units and (A) the assistance provided; 4901 et seq.). personnel deployed under subsection (a) may (B) the sources and amounts of funds used (J) The Solid Waste Disposal Act (42 U.S.C. be assigned such operations and missions to provide such assistance; and 6901 et seq.). specified in subsection (c) as may be nec- (C) the amounts obligated to provide such (K) The Comprehensive Environmental Re- essary to secure the southern border. assistance. sponse, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.). (2) NATURE OF DUTY.—The duty of National (3) PERIOD SPECIFIED.—The period specified Guard personnel performing operations and in this paragraph is— (L) Chapter 3125 of title 54, United States missions described in paragraph (1) shall be (A) in the case of the first report required Code (formerly known as the ‘‘Archae- full-time duty under title 32, United States under paragraph (1), the 90-day period begin- ological and Historic Preservation Act’’). Code. ning on the date of the enactment of this (M) The Antiquities Act (16 U.S.C. 431 et (c) RANGE OF OPERATIONS AND MISSIONS.— Act; and seq.). The operations and missions assigned under (B) in the case of any subsequent report (N) Chapter 3203 of title 54, United States subsection (b) shall include the temporary submitted under paragraph (1), the calendar Code (formerly known as the ‘‘Historic Sites, authority to— year for which the report is submitted. Buildings, and Antiquities Act’’). (O) The Wild and Scenic Rivers Act (16 (1) construct reinforced fencing or other SEC. 3118. PROHIBITIONS ON ACTIONS THAT IM- physical barriers; PEDE BORDER SECURITY ON CER- U.S.C. 1271 et seq.). (2) operate ground-based surveillance sys- TAIN FEDERAL LAND. (P) The Farmland Protection Policy Act (7 tems; (a) PROHIBITION ON INTERFERENCE WITH U.S.C. 4201 et seq.). (3) operate unmanned and manned aircraft; U.S. CUSTOMS AND BORDER PROTECTION.— (Q) The Coastal Zone Management Act of (4) provide radio communications inter- (1) IN GENERAL.—The Secretary concerned 1972 (16 U.S.C. 1451 et seq.). operability between U.S. Customs and Bor- may not impede, prohibit, or restrict activi- (R) The Wilderness Act (16 U.S.C. 1131 et der Protection and State, local, and tribal ties of U.S. Customs and Border Protection seq.). law enforcement agencies; on covered Federal land to carry out the ac- (S) The Federal Land Policy and Manage- (5) construct checkpoints along the South- tivities described in subsection (b). ment Act of 1976 (43 U.S.C. 1701 et seq.). ern border to bridge the gap to long-term (2) APPLICABILITY.—The authority of U.S. (T) The National Wildlife Refuge System permanent checkpoints; and Customs and Border Protection to conduct Administration Act of 1966 (16 U.S.C. 668dd et (6) provide intelligence support. activities described in subsection (b) on cov- seq.). (d) MATERIEL AND LOGISTICAL SUPPORT.— ered Federal land applies without regard to (U) The Fish and Wildlife Act of 1956 (16 The Secretary of Defense shall deploy such whether a state of emergency exists. U.S.C. 742a et seq.). materiel, equipment, and logistical support (b) AUTHORIZED ACTIVITIES OF U.S. CUS- (V) The Fish and Wildlife Coordination Act as may be necessary to ensure success of the TOMS AND BORDER PROTECTION.— (16 U.S.C. 661 et seq.). operations and missions conducted by the (1) IN GENERAL.—U.S. Customs and Border (W) Subchapter II of chapter 5, and chapter National Guard under this section. Protection shall have immediate access to 7, of title 5, United States Code (commonly

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LANDOWNER AND RANCHER SECURITY forts; (Z) Division A of subtitle I of title 54, ENHANCEMENT. (D) the current percentage of situational United States Code (formerly known as the (a) ESTABLISHMENT OF NATIONAL BORDER awareness achieved by the Department along ‘‘National Park Service Organic Act’’. SECURITY ADVISORY COMMITTEE.—The Sec- the Southern border; (AA) The National Park Service General retary shall establish a National Border Se- (E) the current percentage of operational Authorities Act (Public Law 91–383, 16 U.S.C. curity Advisory Committee, which— control achieved by the Department on the 1a–1 et seq.). (1) may advise, consult with, report to, and Southern border; and (BB) Sections 401(7), 403, and 404 of the Na- make recommendations to the Secretary on (F) traveler crossing times and any poten- tional Parks and Recreation Act of 1978 matters relating to border security matters, tial security vulnerability associated with (Public Law 95–625). including— prolonged wait times. (CC) Sections 301(a) through (f) of the Ari- (A) verifying security claims and the bor- (3) ANALYSIS REQUIREMENTS.—In compiling zona Desert Wilderness Act (Public Law 101– der security metrics established by the De- the Southern border threat analysis required 628). partment of Homeland Security under sec- under this subsection, the Secretary shall (DD) The Rivers and Harbors Act of 1899 (33 tion 1092 of the National Defense Authoriza- consider and examine— U.S.C. 403). tion Act for Fiscal Year 2017 (Public Law (A) the technology needs and challenges, (EE) The Eagle Protection Act (16 U.S.C. 114–328; 6 U.S.C. 223); and including such needs and challenges identi- 668 et seq.). (B) discussing ways to improve the secu- fied as a result of previous investments that (FF) The Native American Graves Protec- rity of high traffic areas along the northern have not fully realized the security and oper- tion and Repatriation Act (25 U.S.C. 3001 et border and the southern border; and ational benefits that were sought; seq.). (2) may provide, through the Secretary, (B) the personnel needs and challenges, in- (GG) The American Indian Religious Free- recommendations to Congress. cluding such needs and challenges associated dom Act (42 U.S.C. 1996). (b) CONSIDERATION OF VIEWS.—The Sec- with recruitment and hiring; (HH) The Religious Freedom Restoration retary shall consider the information, ad- (C) the infrastructure needs and chal- Act (42 U.S.C. 2000bb). vice, and recommendations of the National lenges; (II) The National Forest Management Act Border Security Advisory Committee in for- (D) the roles and authorities of State, of 1976 (16 U.S.C. 1600 et seq.). mulating policy regarding matters affecting local, and tribal law enforcement in general (JJ) The Multiple Use and Sustained Yield border security. border security activities; Act of 1960 (16 U.S.C. 528 et seq.). (c) MEMBERSHIP.—The National Border Se- (E) the status of coordination among Fed- (3) APPLICABILITY OF WAIVER TO SUCCESSOR curity Advisory Committee shall consist of eral, State, local, tribal, and Mexican law LAWS.—If a provision of law specified in para- at least one member from each State who— enforcement entities relating to border secu- graph (2) was repealed and incorporated into (1) has at least five years practical experi- rity; title 54, United States Code, after April 1, ence in border security operations; or (F) the terrain, population density, and cli- 2008, and before the date of the enactment of (2) lives and works in the United States mate along the Southern border; and this Act, the waiver described in paragraph within 80 miles from the southern border or (G) the international agreements between (1) shall apply to the provision of such title the northern border. the United States and Mexico related to bor- that corresponds to the provision of law (d) NONAPPLICABILITY OF FEDERAL ADVI- der security. specified in paragraph (2) to the same extent SORY COMMITTEE ACT.—The Federal Advisory (4) CLASSIFIED FORM.—To the extent pos- the waiver applied to that provision of law. Committee Act (5 U.S.C. App.) shall not sible, the Secretary shall submit the South- (4) SAVINGS CLAUSE.—The waiver authority apply to the National Border Security Advi- ern border threat analysis required under under this subsection may not be construed sory Committee. this subsection in unclassified form, but may as affecting, negating, or diminishing in any SEC. 3120. ERADICATION OF CARRIZO CANE AND submit a portion of the threat analysis in manner the applicability of section 552 of SALT CEDAR. classified form if the Secretary determines title 5, United States Code (commonly re- (a) IN GENERAL.—Not later than September such action is appropriate. ferred to as the ‘‘Freedom of Information 30, 2022, the Secretary, after coordinating (b) U.S. BORDER PATROL STRATEGIC PLAN.— Act’’), in any relevant matter. with the heads of the relevant Federal, (1) IN GENERAL.—Not later than 180 days (d) PROTECTION OF LEGAL USES.—This sec- State, and local agencies, shall begin eradi- after the submission of the threat analysis tion may not be construed to provide— cating the carrizo cane plant and any salt required under subsection (a) or June 30, (1) authority to restrict legal uses, such as cedar along the Rio Grande River that im- 2018, and every five years thereafter, the Sec- grazing, hunting, mining, or recreation or pedes border security operations. retary, acting through the Chief of the U.S. the use of backcountry airstrips, on land (b) EXTENT.—The waiver authority under Border Patrol, shall issue a Border Patrol under the jurisdiction of the Secretary of the subsection (c) of section 102 of the Illegal Im- Strategic Plan. Interior or the Secretary of Agriculture; or migration Reform and Immigrant Responsi- (2) CONTENTS.—The Border Patrol Stra- (2) any additional authority to restrict bility Act of 1996 (8 U.S.C. 1103 note), as tegic Plan required under this subsection legal access to such land. amended by section 3111 of this division, shall include a consideration of— (e) EFFECT ON STATE AND PRIVATE LAND.— shall extend to activities carried out pursu- (A) the Southern border threat analysis re- This section shall— ant to this section. quired under subsection (a), with an empha- (1) have no force or effect on State lands or SEC. 3121. SOUTHERN BORDER THREAT ANAL- sis on efforts to mitigate threats identified private lands; and YSIS. in such threat analysis; (2) not provide authority on or access to (a) THREAT ANALYSIS.— (B) efforts to analyze and disseminate bor- State lands or private lands. (1) REQUIREMENT.—Not later than 180 days der security and border threat information (f) TRIBAL SOVEREIGNTY.—Nothing in this after the date of the enactment of this Act, between border security components of the section may be construed to supersede, re- the Secretary shall submit to the Committee Department and other appropriate Federal place, negate, or diminish treaties or other on Homeland Security of the House of Rep- departments and agencies with missions as- agreements between the United States and resentatives and the Committee on Home- sociated with the Southern border; Indian tribes. land Security and Governmental Affairs of (C) efforts to increase situational aware- (g) MEMORANDA OF UNDERSTANDING.—The the Senate a Southern border threat anal- ness, including— requirements of this section shall not apply ysis. (i) surveillance capabilities, including ca- to the extent that such requirements are in- (2) CONTENTS.—The analysis submitted pabilities developed or utilized by the De- compatible with any memorandum of under- under paragraph (1) shall include an assess- partment of Defense, and any appropriate standing or similar agreement entered into ment of— technology determined to be excess by the between the Commissioner and a National (A) current and potential terrorism and Department of Defense; and Park Unit before the date of the enactment criminal threats posed by individuals and or- (ii) the use of manned aircraft and un- of this Act. ganized groups seeking— manned aerial systems, including camera (h) DEFINITIONS.—In this section: (i) to unlawfully enter the United States and sensor technology deployed on such as- (1) COVERED FEDERAL LAND.—The term through the Southern border; or sets; ‘‘covered Federal land’’ includes all land (ii) to exploit security vulnerabilities (D) efforts to detect and prevent terrorists under the control of the Secretary concerned along the Southern border; and instruments of terrorism from entering that is located within 100 miles of the south- (B) improvements needed at and between the United States; ern border or the northern border. ports of entry along the Southern border to (E) efforts to detect, interdict, and disrupt (2) SECRETARY CONCERNED.—The term ‘‘Sec- prevent terrorists and instruments of terror aliens and illicit drugs at the earliest pos- retary concerned’’ means— from entering the United States; sible point;

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00138 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.025 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S1067 (F) efforts to focus intelligence collection of the Trade Facilitation and Trade Enforce- ‘‘(G) Foreign law enforcement partners. to disrupt transnational criminal organiza- ment Act of 2015; 19 U.S.C. 4301 et seq.) is ‘‘(H) Local law enforcement agencies from tions outside of the international and mari- amended to read as follows: affected border cities and communities. time borders of the United States; ‘‘(B) a port of entry vacancy rate which ‘‘(I) Appropriate tribal law enforcement (G) efforts to ensure that any new border compares the number of officers identified in agencies. security technology can be operationally in- subparagraph (A) with the number of officers ‘‘(2) LOCATION.—The Secretary is author- tegrated with existing technologies in use by at the port at which such officer is currently ized to establish IBETs in regions in which the Department; assigned.’’. such teams can contribute to IBET missions, (H) any technology required to maintain, (d) DEFINITION.—Subsection (r) of section as appropriate. When establishing an IBET, support, and enhance security and facilitate 411 of the Homeland Security Act of 2002 (6 the Secretary shall consider the following: trade at ports of entry, including nonintru- U.S.C. 211) is amended— ‘‘(A) Whether the region in which the IBET sive detection equipment, radiation detec- (1) by striking ‘‘this section, the terms’’ would be established is significantly im- tion equipment, biometric technology, sur- and inserting the following: ‘‘this section: pacted by cross-border threats. veillance systems, and other sensors and ‘‘(1) the terms’’; ‘‘(B) The availability of Federal, State, technology that the Secretary determines to (2) in paragraph (1), as added by subpara- local, tribal, and foreign law enforcement re- be necessary; graph (A), by striking the period at the end sources to participate in an IBET. (I) operational coordination unity of effort and inserting ‘‘; and’’; and ‘‘(C) Whether, in accordance with para- initiatives of the border security components (3) by adding at the end the following new graph (3), other joint cross-border initiatives of the Department, including any relevant paragraph: already take place within the region in task forces of the Department; ‘‘(2) the term ‘unmanned aerial systems’ which the IBET would be established, includ- (J) lessons learned from Operation has the meaning given the term ‘unmanned ing other Department cross-border programs Jumpstart and Operation Phalanx; aircraft system’ in section 331 of the FAA such as the Integrated Cross-Border Mari- (K) cooperative agreements and informa- Modernization and Reform Act of 2012 (Pub- time Law Enforcement Operation Program tion sharing with State, local, tribal, terri- lic Law 112–95; 49 U.S.C. 40101 note).’’. established under section 711 of the Coast torial, and other Federal law enforcement SEC. 3123. AGENT AND OFFICER TECHNOLOGY Guard and Maritime Transportation Act of agencies that have jurisdiction on the North- USE. 2012 (46 U.S.C. 70101 note) or the Border En- ern border or the Southern border; In carrying out section 102 of the Illegal forcement Security Task Force established (L) border security information received Immigration Reform and Immigrant Respon- under section 432. from consultation with State, local, tribal, sibility Act of 1996 (as amended by section ‘‘(3) DUPLICATION OF EFFORTS.—In deter- territorial, and Federal law enforcement 3111 of this division) and section 3113 of this mining whether to establish a new IBET or agencies that have jurisdiction on the North- division, the Secretary shall, to the greatest to expand an existing IBET in a given region, ern border or the Southern border, or in the extent practicable, ensure that technology the Secretary shall ensure that the IBET maritime environment, and from border deployed to gain situational awareness and under consideration does not duplicate the community stakeholders (including through operational control of the border be provided efforts of other existing interagency task public meetings with such stakeholders), in- to front-line officers and agents of the De- forces or centers within such region, includ- cluding representatives from border agricul- partment of Homeland Security. ing the Integrated Cross-Border Maritime tural and ranching organizations and rep- SEC. 3124. INTEGRATED BORDER ENFORCEMENT Law Enforcement Operation Program estab- resentatives from business and civic organi- TEAMS. lished under section 711 of the Coast Guard zations along the Northern border or the (a) IN GENERAL.—Subtitle C of title IV of and Maritime Transportation Act of 2012 (46 Southern border; the Homeland Security Act of 2002 (6 U.S.C. U.S.C. 70101 note) or the Border Enforcement 231 et seq.), as amended by section 3115 of (M) staffing requirements for all depart- Security Task Force established under sec- this division, is further amended by adding mental border security functions; tion 432. (N) a prioritized list of departmental re- at the end the following new section: ‘‘(d) OPERATION.— search and development objectives to en- ‘‘SEC. 436. INTEGRATED BORDER ENFORCEMENT ‘‘(1) IN GENERAL.—After determining the hance the security of the Southern border; TEAMS. regions in which to establish IBETs, the Sec- ‘‘(a) ESTABLISHMENT.—The Secretary shall (O) an assessment of training programs, in- retary may— establish within the Department a program cluding training programs for— ‘‘(A) direct the assignment of Federal per- to be known as the Integrated Border En- (i) identifying and detecting fraudulent sonnel to such IBETs; and forcement Team program (referred to in this documents; ‘‘(B) take other actions to assist Federal, section as ‘IBET’). (ii) understanding the scope of enforce- State, local, and tribal entities to partici- ‘‘(b) PURPOSE.—The Secretary shall admin- ment authorities and the use of force poli- pate in such IBETs, including providing fi- ister the IBET program in a manner that re- cies; and nancial assistance, as appropriate, for oper- sults in a cooperative approach between the (iii) screening, identifying, and addressing ational, administrative, and technological United States and Canada to— vulnerable populations, such as children and costs associated with such participation. ‘‘(1) strengthen security between des- victims of human trafficking; and ‘‘(2) LIMITATION.—Coast Guard personnel ignated ports of entry; (P) an assessment of how border security assigned under paragraph (1) may be as- ‘‘(2) detect, prevent, investigate, and re- operations affect border crossing times. signed only for the purposes of securing the spond to terrorism and violations of law re- SEC. 3122. AMENDMENTS TO U.S. CUSTOMS AND maritime borders of the United States, in ac- lated to border security; BORDER PROTECTION. cordance with subsection (c)(1)(C). ‘‘(3) facilitate collaboration among compo- (a) DUTIES.—Subsection (c) of section 411 of ‘‘(e) COORDINATION.—The Secretary shall the Homeland Security Act of 2002 (6 U.S.C. nents and offices within the Department and coordinate the IBET program with other 211) is amended— international partners; similar border security and antiterrorism (1) in paragraph (18), by striking ‘‘and’’ ‘‘(4) execute coordinated activities in fur- programs within the Department in accord- after the semicolon at the end; therance of border security and homeland se- ance with the strategic objectives of the (2) by redesignating paragraph (19) as para- curity; and Cross-Border Law Enforcement Advisory graph (21); and ‘‘(5) enhance information-sharing, includ- Committee. (3) by inserting after paragraph (18) the fol- ing the dissemination of homeland security ‘‘(f) MEMORANDA OF UNDERSTANDING.—The lowing new paragraphs: information among such components and of- Secretary may enter into memoranda of un- ‘‘(19) administer the U.S. Customs and Bor- fices. derstanding with appropriate representatives der Protection public private partnerships ‘‘(c) COMPOSITION AND LOCATION OF of the entities specified in subsection (c)(1) under subtitle G; IBETS.— necessary to carry out the IBET program. ‘‘(20) administer preclearance operations ‘‘(1) COMPOSITION.—IBETs shall be led by ‘‘(g) REPORT.—Not later than 180 days after under the Preclearance Authorization Act of the United States Border Patrol and may be the date on which an IBET is established and 2015 (19 U.S.C. 4431 et seq.; enacted as sub- comprised of personnel from the following: biannually thereafter for the following six title B of title VIII of the Trade Facilitation ‘‘(A) Other subcomponents of U.S. Customs years, the Secretary shall submit to the ap- and Trade Enforcement Act of 2015; 19 U.S.C. and Border Protection. propriate congressional committees, includ- 4301 et seq.); and’’. ‘‘(B) U.S. Immigration and Customs En- ing the Committee on Homeland Security of (b) OFFICE OF FIELD OPERATIONS STAFF- forcement, led by Homeland Security Inves- the House of Representatives and the Com- ING.—Subparagraph (A) of section 411(g)(5) of tigations. mittee on Homeland Security and Govern- the Homeland Security Act of 2002 (6 U.S.C. ‘‘(C) The Coast Guard, for the purpose of mental Affairs of the Senate, and in the case 211(g)(5)) is amended by inserting before the securing the maritime borders of the United of Coast Guard personnel used to secure the period at the end the following: ‘‘compared States. maritime borders of the United States, addi- to the number indicated by the current fiscal ‘‘(D) Other Department personnel, as ap- tionally to the Committee on Transportation year work flow staffing model’’. propriate. and Infrastructure of the House of Rep- (c) IMPLEMENTATION PLAN.—Subparagraph ‘‘(E) Other Federal departments and agen- resentatives, a report that— (B) of section 814(e)(1) of the Preclearance cies, as appropriate. ‘‘(1) describes the effectiveness of IBETs in Authorization Act of 2015 (19 U.S.C. ‘‘(F) Appropriate State law enforcement fulfilling the purposes specified in subsection 4433(e)(1); enacted as subtitle B of title VIII agencies. (b);

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00139 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.025 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S1068 CONGRESSIONAL RECORD — SENATE February 14, 2018 ‘‘(2) assess the impact of certain challenges ‘‘(1) mitigate the risk or threat of shall hire, train, and assign sufficient agents on the sustainment of cross-border IBET op- transnational organized crime and terrorism; for Air and Marine Operations of U.S. Cus- erations, including challenges faced by inter- ‘‘(2) address irregular migration flows that toms and Border Protection to maintain not national partners; may affect the United States, including any fewer than 1,675 full-time equivalent agents ‘‘(3) addresses ways to support joint train- detention or removal operations of the re- and not fewer than 264 Marine and Air Inter- ing for IBET stakeholder agencies and radio cipient government; or diction Agents for southern border air and interoperability to allow for secure cross- ‘‘(3) protect and expedite legitimate trade maritime operations. border radio communications; and and travel. (d) U.S. CUSTOMS AND BORDER PROTECTION ‘‘(4) assesses how IBETs, Border Enforce- ‘‘(c) LIMITATION ON TRANSFER.—The Sec- K–9 UNITS AND HANDLERS.— ment Security Task Forces, and the Inte- retary may not— (1) K–9 UNITS.—Not later than September grated Cross-Border Maritime Law Enforce- ‘‘(1) transfer any equipment or supplies 30, 2022, the Commissioner shall deploy not ment Operation Program can better align op- that are designated as a munitions item or fewer than 300 new K–9 units, with sup- erations, including interdiction and inves- controlled on the United States Munitions porting officers of U.S. Customs and Border tigation activities.’’. List, pursuant to section 38 of the Foreign Protection and other required staff, at land (b) CLERICAL AMENDMENT.—The table of Military Sales Act (22 U.S.C. 2778); or ports of entry and checkpoints, on the south- contents in section 1(b) of the Homeland Se- ‘‘(2) transfer any vessel or aircraft pursu- ern border and the northern border. curity Act of 2002 is amended by adding after ant to this section. (2) USE OF CANINES.—The Commissioner the item relating to section 435 the following ‘‘(d) RELATED TRAINING.—In conjunction shall prioritize the use of canines at the pri- new item: with a transfer of equipment pursuant to mary inspection lanes at land ports of entry ‘‘Sec. 436. Integrated Border Enforcement subsection (a), the Secretary may provide and checkpoints. Teams.’’. such equipment-related training and assist- (e) U.S. CUSTOMS AND BORDER PROTECTION SEC. 3125. TUNNEL TASK FORCES. ance as the Secretary determines necessary. HORSEBACK UNITS.— The Secretary is authorized to establish ‘‘(e) MAINTENANCE OF TRANSFERRED EQUIP- (1) INCREASE.—Not later than September Tunnel Task Forces for the purposes of de- MENT.—The Secretary may provide for the 30, 2022, the Commissioner shall increase the tecting and remediating tunnels that breach maintenance of transferred equipment number of horseback units, with supporting the international border of the United through service contracts or other means, officers of U.S. Customs and Border Protec- States. with or without reimbursement, as the Sec- tion and other required staff, by not fewer retary determines necessary. SEC. 3126. PILOT PROGRAM ON USE OF ELECTRO- than 100 officers and 50 horses for security ‘‘(f) REIMBURSEMENT OF EXPENSES.— MAGNETIC SPECTRUM IN SUPPORT patrol along the Southern border. OF BORDER SECURITY OPERATIONS. ‘‘(1) IN GENERAL.—The Secretary may col- (2) HORSEBACK UNIT SUPPORT.—The Com- (a) IN GENERAL.—The Commissioner of U.S. lect payment from the receiving entity for missioner shall construct new stables, main- Customs and Border Protection, in consulta- the provision of security assistance under tain and improve existing stables, and pro- tion with the Assistant Secretary of Com- this section, including equipment, training, vide other resources needed to maintain the merce for Communications and Information, maintenance, supplies, sustainment support, health and well-being of the horses that shall conduct a pilot program to test and and related shipping costs. serve in the horseback units of U.S. Customs evaluate the use of electromagnetic spec- ‘‘(2) TRANSFER.—Notwithstanding any and Border Protection. trum by U.S. Customs and Border Protection other provision of law, to the extent the Sec- (f) U.S. CUSTOMS AND BORDER PROTECTION in support of border security operations retary does not collect payment pursuant to SEARCH TRAUMA AND RESCUE TEAMS.—Not through— paragraph (1), any amounts appropriated or later than September 30, 2022, the Commis- (1) ongoing management and monitoring of otherwise made available to the Department sioner shall increase by not fewer than 50 the spectrum to identify threats such as unau- of Homeland Security may be transferred to number of officers engaged in search and res- thorized spectrum use, and the jamming and the account that finances the security as- cue activities along the southern border. hacking of United States communications sistance provided pursuant to subsection (a). (g) U.S. CUSTOMS AND BORDER PROTECTION assets, by persons engaged in criminal enter- ‘‘(g) RECEIPTS CREDITED AS OFFSETTING TUNNEL DETECTION AND TECHNOLOGY PRO- prises; COLLECTIONS.—Notwithstanding section 3302 GRAM.—Not later than September 30, 2022, (2) automated spectrum management to of title 31, United States Code, any reim- the Commissioner shall increase by not enable greater efficiency and speed for U.S. bursement collected pursuant to subsection fewer than 50 the number of officers assisting Customs and Border Protection in addressing (f) shall— task forces and activities related to deploy- emerging challenges in overall spectrum use ‘‘(1) be credited as offsetting collections to ment and operation of border tunnel detec- on the United States border; and the account that finances the security as- tion technology and apprehensions of indi- (3) coordinated use of spectrum resources sistance under this section for which such re- viduals using such tunnels for crossing into to better facilitate interoperability and imbursement is received; and the United States, drug trafficking, or interagency cooperation and interdiction ef- ‘‘(2) remain available until expended for human smuggling. forts at or near the United States border. the purpose of carrying out this section. (h) AGRICULTURAL SPECIALISTS.—Not later (b) REPORT TO CONGRESS.—Not later than ‘‘(h) RULE OF CONSTRUCTION.—Nothing in than September 30, 2022, the Secretary shall 180 days after the conclusion of the pilot pro- this section may be construed as affecting, hire, train, and assign to duty, in addition to gram conducted under subsection (a), the augmenting, or diminishing the authority of the officers and agents authorized under sub- Commissioner of U.S. Customs and Border the Secretary of State.’’. sections (a) through (g), 631 U.S. Customs Protection shall submit to the Committee on (b) CLERICAL AMENDMENT.—The table of and Border Protection agricultural special- Homeland Security and the Committee on contents in section 1(b) of the Homeland Se- ists to ports of entry along the southern bor- Energy and Commerce of the House of Rep- curity Act of 2002 is amended by inserting der and the northern border. resentatives and the Committee on Home- after the item relating to section 436 the fol- (i) OFFICE OF PROFESSIONAL RESPONSI- land Security and Governmental Affairs and lowing new item: BILITY.—Not later than September 30, 2022, the Committee on Commerce, Science, and ‘‘Sec. 437. Security assistance.’’. the Commissioner shall hire, train, and as- Transportation of the Senate a report on the CHAPTER 2—PERSONNEL sign sufficient Office of Professional Respon- sibility special agents to maintain an active findings and data derived from such pro- SEC. 3131. ADDITIONAL U.S. CUSTOMS AND BOR- gram. DER PROTECTION AGENTS AND OF- duty presence of not fewer than 550 full-time SEC. 3127. HOMELAND SECURITY FOREIGN AS- FICERS. equivalent special agents. SISTANCE. (a) BORDER PATROL AGENTS.—Not later (j) U.S. CUSTOMS AND BORDER PROTECTION (a) IN GENERAL.—Subtitle C of title IV of than September 30, 2022, the Commissioner OFFICE OF INTELLIGENCE.—Not later than the Homeland Security Act of 2002 (6 U.S.C. shall hire, train, and assign sufficient agents September 30, 2022, the Commissioner shall 231 et seq.), as amended by sections 3115 and to maintain an active duty presence of not hire, train, and assign sufficient Office of In- 3124 of this division, is further amended by fewer than 26,370 full-time equivalent agents. telligence personnel to maintain not fewer adding at the end the following new section: (b) CBP OFFICERS.—In addition to positions than 700 full-time equivalent employees. ‘‘SEC. 437. SECURITY ASSISTANCE. authorized before the date of the enactment (k) GAO REPORT.—If the staffing levels re- ‘‘(a) IN GENERAL.—The Secretary, with the of this Act and any existing officer vacancies quired under this section are not achieved by concurrence of the Secretary of State, may within U.S. Customs and Border Protection September 30, 2022, the Comptroller General provide to a foreign government, financial as of such date, the Commissioner shall hire, of the United States shall conduct a review assistance and, with or without reimburse- train, and assign to duty, not later than Sep- of the reasons why such levels were not ment, security assistance, including equip- tember 30, 2022— achieved. ment, training, maintenance, supplies, and (1) sufficient U.S. Customs and Border Pro- SEC. 3132. U.S. CUSTOMS AND BORDER PROTEC- sustainment support. tection officers to maintain an active duty TION RETENTION INCENTIVES. ‘‘(b) DETERMINATION.—The Secretary may presence of not fewer than 27,725 full-time (a) IN GENERAL.—Chapter 97 of title 5, only provide financial assistance or security equivalent officers; and United States Code, is amended by adding at assistance pursuant to subsection (a) if the (2) 350 full-time support staff distributed the end the following: Secretary determines that such assistance among all United States ports of entry. ‘‘§ 9702. U.S. Customs and Border Protection would enhance the recipient government’s (c) AIR AND MARINE OPERATIONS.—Not later temporary employment authorities capacity to— than September 30, 2022, the Commissioner ‘‘(a) DEFINITIONS.—In this section—

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00140 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.025 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S1069 ‘‘(1) the term ‘CBP employee’ means an ‘‘(ii) in the absence of a retention bonus, ‘‘(C) whether hiring and retention chal- employee of U.S. Customs and Border Pro- the CBP employee would be likely to leave— lenges still exist at the agency or specific lo- tection described under any of subsections ‘‘(I) the Federal service; or cations; and (a) through (h) of section 1131 of the Border ‘‘(II) for a different position in the Federal ‘‘(D) whether the Secretary needs to con- Security for America Act of 2018; service, including a position in another agen- tinue to use authorities provided under this ‘‘(2) the term ‘Commissioner’ means the cy or component of the Department of Home- section at the agency or at specific loca- Commissioner of U.S. Customs and Border land Security; and tions. Protection; ‘‘(B) the individual enters into a written ‘‘(2) CONSIDERATION.—In compiling a report ‘‘(3) the term ‘Director’ means the Director service agreement with the Secretary— under paragraph (1), the Secretary shall con- of the Office of Personnel Management; ‘‘(i) under which the individual is required sider— ‘‘(4) the term ‘Secretary’ means the Sec- to complete a period of employment as a ‘‘(A) whether any CBP employee accepted retary of Homeland Security; and CBP employee of not less than 2 years; and an employment incentive under subsection ‘‘(5) the term ‘appropriate congressional ‘‘(ii) that includes— (b) and (c) and then transferred to a new lo- committees’ means the Committee on Over- ‘‘(I) the commencement and termination cation or left U.S. Customs and Border Pro- sight and Government Reform, the Com- dates of the required service period (or provi- tection; and mittee on Homeland Security, and the Com- sions for the determination thereof); ‘‘(B) the length of time that each employee mittee on Ways and Means of the House of ‘‘(II) the amount of the bonus; and identified under subparagraph (A) stayed at Representatives and the Committee on ‘‘(III) other terms and conditions under the original location before transferring to a Homeland Security and Governmental Af- which the bonus is payable, subject to the re- new location or leaving U.S. Customs and fairs and the Committee on Finance of the quirements of this subsection, including— Border Protection. Senate. ‘‘(aa) the conditions under which the ‘‘(3) DISTRIBUTION.—In addition to the Di- agreement may be terminated before the rector, the Secretary shall submit each re- ‘‘(b) DIRECT HIRE AUTHORITY; RECRUITMENT agreed-upon service period has been com- port required under this subsection to the AND RELOCATION BONUSES; RETENTION BO- pleted; and appropriate congressional committees. NUSES.— ‘‘(bb) the effect of a termination described ‘‘(e) OPM ACTION.—If the Director deter- ‘‘(1) STATEMENT OF PURPOSE AND LIMITA- in item (aa). mines the Secretary has inappropriately TION.—The purpose of this subsection is to ‘‘(5) RULES FOR BONUSES.— used authorities under subsection (b) or a allow U.S. Customs and Border Protection to ‘‘(A) MAXIMUM BONUS.—A bonus paid to an special rate of pay provided under subsection expeditiously meet the hiring goals and employee under— (c), the Director shall notify the Secretary staffing levels required by section 1131 of the ‘‘(i) paragraph (3) may not exceed 100 per- and the appropriate congressional commit- Border Security for America Act of 2018. The cent of the annual rate of basic pay of the tees in writing. Upon receipt of the notifica- Secretary shall not use this authority be- employee as of the commencement date of tion, the Secretary may not make any new yond meeting the requirements of such sec- the applicable service period; and appointments or issue any new bonuses tion. ‘‘(ii) paragraph (4) may not exceed 50 per- under subsection (b), nor provide CBP em- ‘‘(2) DIRECT HIRE AUTHORITY.—The Sec- cent of the annual rate of basic pay of the ployees with further special rates of pay, retary may appoint, without regard to any employee. until the Director has provided the Sec- provision of sections 3309 through 3319, can- ‘‘(B) RELATIONSHIP TO BASIC PAY.—A bonus retary and the appropriate congressional didates to positions in the competitive serv- paid to an employee under paragraph (3) or committees a written notice stating the Di- ice as CBP employees if the Secretary has (4) shall not be considered part of the basic rector is satisfied safeguards are in place to given public notice for the positions. pay of the employee for any purpose, includ- prevent further inappropriate use. ‘‘(3) RECRUITMENT AND RELOCATION BO- ‘‘(f) IMPROVING CBP HIRING AND RETEN- ing for retirement or in computing a lump- NUSES.—The Secretary may pay a recruit- TION.— sum payment to the covered employee for ment or relocation bonus of up to 50 percent ‘‘(1) EDUCATION OF CBP HIRING OFFICIALS.— accumulated and accrued annual leave under of the annual rate of basic pay to an indi- Not later than 180 days after the date of the section 5551 or section 5552. vidual CBP employee at the beginning of the enactment of this section, and in conjunc- ‘‘(C) PERIOD OF SERVICE FOR RECRUITMENT, service period multiplied by the number of tion with the Chief Human Capital Officer of RELOCATION, AND RETENTION BONUSES.— years (including a fractional part of a year) the Department of Homeland Security, the ‘‘(i) A bonus paid to an employee under in the required service period to an indi- Secretary shall develop and implement a paragraph (4) may not be based on any period vidual (other than an individual described in strategy to improve the education regarding of such service which is the basis for a re- subsection (a)(2) of section 5753) if— hiring and human resources flexibilities (in- cruitment or relocation bonus under para- ‘‘(A) the Secretary determines that condi- cluding hiring and human resources flexibili- graph (3). tions consistent with the conditions de- ties for locations in rural or remote areas) ‘‘(ii) A bonus paid to an employee under scribed in paragraphs (1) and (2) of sub- for all employees, serving in agency head- paragraph (3) or (4) may not be based on any section (b) of such section 5753 are satisfied quarters or field offices, who are involved in period of service which is the basis for a re- with respect to the individual (without re- the recruitment, hiring, assessment, or se- cruitment or relocation bonus under section gard to the regulations referenced in sub- lection of candidates for locations in a rural 5753 or a retention bonus under section 5754. section (b)(2)(B(ii)(I) of such section or to or remote area, as well as the retention of ‘‘(c) SPECIAL RATES OF PAY.—In addition to any other provision of that section); and the circumstances described in subsection (b) current employees. ‘‘(B) the individual enters into a written of section 5305, the Director may establish ‘‘(2) ELEMENTS.—Elements of the strategy service agreement with the Secretary— special rates of pay in accordance with that under paragraph (1) shall include the fol- ‘‘(i) under which the individual is required section to assist the Secretary in meeting lowing: to complete a period of employment as a the requirements of section 1131 of the Bor- ‘‘(A) Developing or updating training and CBP employee of not less than 2 years; and der Security for America Act of 2018. The Di- educational materials on hiring and human ‘‘(ii) that includes— rector shall prioritize the consideration of resources flexibilities for employees who are ‘‘(I) the commencement and termination requests from the Secretary for such special involved in the recruitment, hiring, assess- dates of the required service period (or provi- rates of pay and issue a decision as soon as ment, or selection of candidates, as well as sions for the determination thereof); practicable. The Secretary shall provide the retention of current employees. ‘‘(II) the amount of the bonus; and such information to the Director as the Di- ‘‘(B) Regular training sessions for per- ‘‘(III) other terms and conditions under rector deems necessary to evaluate special sonnel who are critical to filling open posi- which the bonus is payable, subject to the re- rates of pay under this subsection. tions in rural or remote areas. quirements of this subsection, including— ‘‘(d) OPM OVERSIGHT.— ‘‘(C) The development of pilot programs or ‘‘(aa) the conditions under which the ‘‘(1) Not later than September 30 of each other programs, as appropriate, consistent agreement may be terminated before the year, the Secretary shall provide a report to with authorities provided to the Secretary to agreed-upon service period has been com- the Director on U.S. Customs and Border address identified hiring challenges, includ- pleted; and Protection’s use of authorities provided ing in rural or remote areas. ‘‘(bb) the effect of a termination described under subsections (b) and (c). In each report, ‘‘(D) Developing and enhancing strategic in item (aa). the Secretary shall provide such information recruiting efforts through the relationships ‘‘(4) RETENTION BONUSES.—The Secretary as the Director determines is appropriate to with institutions of higher education, as de- may pay a retention bonus of up to 50 per- ensure appropriate use of authorities under fined in section 102 of the Higher Education cent of basic pay to an individual CBP em- such subsections. Each report shall also in- Act of 1965 (20 U.S.C. 1002), veterans transi- ployee (other than an individual described in clude an assessment of— tion and employment centers, and job place- subsection (a)(2) of section 5754) if— ‘‘(A) the impact of the use of authorities ment program in regions that could assist in ‘‘(A) the Secretary determines that— under subsections (b) and (c) on implementa- filling positions in rural or remote areas. ‘‘(i) a condition consistent with the condi- tion of section 1131 of the Border Security ‘‘(E) Examination of existing agency pro- tion described in subsection (b)(1) of such for America Act of 2018; grams on how to most effectively aid spouses section 5754 is satisfied with respect to the ‘‘(B) solving hiring and retention chal- and families of individuals who are can- CBP employee (without regard to any other lenges at the agency, including at specific lo- didates or new hires in a rural or remote provision of that section); cations; area.

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00141 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.025 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S1070 CONGRESSIONAL RECORD — SENATE February 14, 2018 ‘‘(F) Feedback from individuals who are SEC. 3133. ANTI-BORDER CORRUPTION REAU- ‘‘SEC. 4. SUPPLEMENTAL COMMISSIONER AU- candidates or new hires at locations in a THORIZATION ACT. THORITY. rural or remote area, including feedback on (a) SHORT TITLE.—This section may be ‘‘(a) NON-EXEMPTION.—An individual who the quality of life in rural or remote areas cited as the ‘‘Anti-Border Corruption Reau- receives a waiver under section 3(b) is not ex- for new hires and their families. thorization Act of 2018’’. empt from other hiring requirements relat- ‘‘(G) Feedback from CBP employees, other (b) HIRING FLEXIBILITY.—Section 3 of the ing to suitability for employment and eligi- than new hires, who are stationed at loca- Anti-Border Corruption Act of 2010 (6 U.S.C. bility to hold a national security designated tions in a rural or remote area, including 221) is amended by striking subsection (b) position, as determined by the Commissioner feedback on the quality of life in rural or re- and inserting the following new subsections: of U.S. Customs and Border Protection. ‘‘(b) WAIVER AUTHORITY.—The Commis- ‘‘(b) BACKGROUND INVESTIGATIONS.—Any in- mote areas for those CBP employees and sioner of U.S. Customs and Border Protec- dividual who receives a waiver under section their families. tion may waive the application of subsection 3(b) who holds a current Tier 4 background ‘‘(H) Evaluation of Department of Home- (a)(1)— investigation shall be subject to a Tier 5 land Security internship programs and the ‘‘(1) to a current, full-time law enforce- background investigation. usefulness of those programs in improving ment officer employed by a State or local ‘‘(c) ADMINISTRATION OF POLYGRAPH EXAM- hiring by the Secretary in rural or remote law enforcement agency who— INATION.—The Commissioner of U.S. Customs areas. ‘‘(A) has continuously served as a law en- and Border Protection is authorized to ad- ‘‘(3) EVALUATION.— forcement officer for not fewer than three minister a polygraph examination to an ap- ‘‘(A) IN GENERAL.—Each year, the Sec- years; plicant or employee who is eligible for or re- retary shall— ‘‘(B) is authorized by law to engage in or ceives a waiver under section 3(b) if informa- ‘‘(i) evaluate the extent to which the strat- supervise the prevention, detection, inves- tion is discovered before the completion of a egy developed and implemented under para- tigation, or prosecution of, or the incarcer- background investigation that results in a graph (1) has improved the hiring and reten- ation of any person for, any violation of law, determination that a polygraph examination tion ability of the Secretary; and and has statutory powers for arrest or appre- is necessary to make a final determination ‘‘(ii) make any appropriate updates to the hension; regarding suitability for employment or con- strategy under paragraph (1). tinued employment, as the case may be.’’. ‘‘(C) is not currently under investigation, ‘‘(B) INFORMATION.—The evaluation con- (2) REPORT.—The Anti-Border Corruption has not been found to have engaged in crimi- ducted under subparagraph (A) shall in- Act of 2010, as amended by paragraph (1), is nal activity or serious misconduct, has not clude— further amended by adding at the end the resigned from a law enforcement officer posi- ‘‘(i) any reduction in the time taken by the following new section: tion under investigation or in lieu of termi- Secretary to fill mission-critical positions, nation, and has not been dismissed from a ‘‘SEC. 5. REPORTING. including in rural or remote areas; ‘‘(a) ANNUAL REPORT.—Not later than one law enforcement officer position; and ‘‘(ii) a general assessment of the impact of year after the date of the enactment of this ‘‘(D) has, within the past ten years, suc- the strategy implemented under paragraph section and annually thereafter while the cessfully completed a polygraph examination (1) on hiring challenges, including in rural or waiver authority under section 3(b) is in ef- as a condition of employment with such offi- remote areas; and fect, the Commissioner of U.S. Customs and cer’s current law enforcement agency; ‘‘(iii) other information the Secretary de- Border Protection shall submit to Congress a ‘‘(2) to a current, full-time Federal law en- termines relevant. report that includes, with respect to each forcement officer who— such reporting period— ‘‘(g) INSPECTOR GENERAL REVIEW.—Not ‘‘(A) has continuously served as a law en- later than two years after the date of the en- ‘‘(1) the number of waivers requested, forcement officer for not fewer than three granted, and denied under section 3(b); actment of this section, the Inspector Gen- years; ‘‘(2) the reasons for any denials of such eral of the Department of Homeland Secu- ‘‘(B) is authorized to make arrests, conduct waiver; rity shall review the use of hiring and pay investigations, conduct searches, make sei- ‘‘(3) the percentage of applicants who were flexibilities under subsections (b) and (c) to zures, carry firearms, and serve orders, war- hired after receiving a waiver; determine whether the use of such flexibili- rants, and other processes; ‘‘(4) the number of instances that a poly- ties is helping the Secretary meet hiring and ‘‘(C) is not currently under investigation, graph was administered to an applicant who retention needs, including in rural and re- has not been found to have engaged in crimi- initially received a waiver and the results of mote areas. nal activity or serious misconduct, has not such polygraph; ‘‘(h) REPORT ON POLYGRAPH REQUESTS.— resigned from a law enforcement officer posi- ‘‘(5) an assessment of the current impact of The Secretary shall report to the appro- tion under investigation or in lieu of termi- the polygraph waiver program on filling law priate congressional committees on the nation, and has not been dismissed from a enforcement positions at U.S. Customs and number of requests the Secretary receives law enforcement officer position; and Border Protection; and from any other Federal agency for the file of ‘‘(D) holds a current Tier 4 background in- ‘‘(6) additional authorities needed by U.S. an applicant for a position in U.S. Customs vestigation or current Tier 5 background in- Customs and Border Protection to better uti- and Border Protection that includes the re- vestigation; and lize the polygraph waiver program for its in- sults of a polygraph examination. ‘‘(3) to a member of the Armed Forces (or tended goals. a reserve component thereof) or a veteran, if ‘‘(i) EXERCISE OF AUTHORITY.— ‘‘(b) ADDITIONAL INFORMATION.—The first such individual— ‘‘(1) SOLE DISCRETION.—The exercise of au- report submitted under subsection (a) shall thority under subsection (b) shall be subject ‘‘(A) has served in the Armed Forces for include— to the sole and exclusive discretion of the not fewer than three years; ‘‘(1) an analysis of other methods of em- Secretary (or the Commissioner, as applica- ‘‘(B) holds, or has held within the past five ployment suitability tests that detect decep- ble under paragraph (2) of this subsection), years, a Secret, Top Secret, or Top Secret/ tion and could be used in conjunction with notwithstanding chapter 71 and any collec- Sensitive Compartmented Information clear- traditional background investigations to evaluate potential employees for suitability; tive bargaining agreement. ance; ‘‘(C) holds, or has undergone within the and ‘‘(2) DELEGATION.—The Secretary may dele- ‘‘(2) a recommendation regarding whether gate any authority under this section to the past five years, a current Tier 4 background a test referred to in paragraph (1) should be Commissioner. investigation or current Tier 5 background investigation; adopted by U.S. Customs and Border Protec- ‘‘(j) RULE OF CONSTRUCTION.—Nothing in ‘‘(D) received, or is eligible to receive, an tion when the polygraph examination re- this section shall be construed to exempt the honorable discharge from service in the quirement is waived pursuant to section Secretary or the Director from applicability Armed Forces and has not engaged in crimi- 3(b).’’. of the merit system principles under section nal activity or committed a serious military (3) DEFINITIONS.—The Anti-Border Corrup- 2301. or civil offense under the Uniform Code of tion Act of 2010, as amended by paragraphs ‘‘(k) SUNSET.—The authorities under sub- Military Justice; and (1) and (2), is further amended by adding at sections (b) and (c) shall terminate on Sep- ‘‘(E) was not granted any waivers to obtain the end the following new section: tember 30, 2022. Any bonus to be paid pursu- the clearance referred to subparagraph (B). ‘‘SEC. 6. DEFINITIONS. ant to subsection (b) that is approved before ‘‘(c) TERMINATION OF WAIVER AUTHORITY.— ‘‘In this Act: such date may continue until such bonus has The authority to issue a waiver under sub- ‘‘(1) FEDERAL LAW ENFORCEMENT OFFICER.— been paid, subject to the conditions specified section (b) shall terminate on the date that The term ‘Federal law enforcement officer’ in this section.’’. is four years after the date of the enactment means a ‘law enforcement officer’ defined in of the Border Security for America Act of section 8331(20) or 8401(17) of title 5, United (b) TECHNICAL AND CONFORMING AMEND- 2018.’’. States Code. MENT.—The table of sections for chapter 97 of (c) SUPPLEMENTAL COMMISSIONER AUTHOR- ‘‘(2) SERIOUS MILITARY OR CIVIL OFFENSE.— title 5, United States Code, is amended by ITY AND DEFINITIONS.— The term ‘serious military or civil offense’ adding at the end the following: (1) SUPPLEMENTAL COMMISSIONER AUTHOR- means an offense for which— ‘‘9702. U.S. Customs and Border Protection ITY.—Section 4 of the Anti-Border Corrup- ‘‘(A) a member of the Armed Forces may temporary employment au- tion Act of 2010 is amended to read as fol- be discharged or separated from service in thorities.’’. lows: the Armed Forces; and

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00142 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.025 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S1071 ‘‘(B) a punitive discharge is, or would be, CHAPTER 3—GRANTS physical barriers pursuant to section 102 of authorized for the same or a closely related SEC. 3141. OPERATION STONEGARDEN. the Illegal Immigration and Immigrant Re- offense under the Manual for Court-Martial, (a) IN GENERAL.—Subtitle A of title XX of sponsibility Act of 1996, as amended by sec- as pursuant to Army Regulation 635–200 the Homeland Security Act of 2002 (6 U.S.C. tion 3111 of this division; chapter 14–12. 601 et seq.) is amended by adding at the end (2) $200,000,000 shall be used by the Depart- ‘‘(3) TIER 4; TIER 5.—The terms ‘Tier 4’ and the following new section: ment to improve tactical infrastructure pur- ‘Tier 5’ with respect to background inves- ‘‘SEC. 2009. OPERATION STONEGARDEN. suant to such section 102, as amended by tigations have the meaning given such terms ‘‘(a) ESTABLISHMENT.—There is established such section 3111 of this division; under the 2012 Federal Investigative Stand- in the Department a program to be known as (3) $1,160,000,000 shall be used by the De- ards. ‘Operation Stonegarden’, under which the partment to carry out section 3112 of this di- ‘‘(4) VETERAN.—The term ‘veteran’ has the Secretary, acting through the Adminis- vision; meaning given such term in section 101(2) of trator, shall make grants to eligible law en- (4) $40,000,000 shall be used by the Coast title 38, United States Code.’’. forcement agencies, through the State ad- Guard for deployments of personnel and as- (d) POLYGRAPH EXAMINERS.—Not later than ministrative agency, to enhance border secu- sets under paragraph (18) of section 3113(a) of September 30, 2022, the Secretary shall in- rity in accordance with this section. this division; and crease to not fewer than 150 the number of ‘‘(b) ELIGIBLE RECIPIENTS.—To be eligible (5) $1,700,000,000 shall be used by the De- trained full-time equivalent polygraph exam- to receive a grant under this section, a law partment to carry out section 3131 of this di- iners for administering polygraphs under the enforcement agency— vision. Anti-Border Corruption Act of 2010, as ‘‘(1) shall be located in— Subtitle B—Emergency Port of Entry amended by this chapter. ‘‘(A) a State bordering Canada or Mexico; Personnel and Infrastructure Funding SEC. 3134. TRAINING FOR OFFICERS AND AGENTS or SEC. 3201. PORTS OF ENTRY INFRASTRUCTURE. OF U.S. CUSTOMS AND BORDER PRO- ‘‘(B) a State or territory with a maritime TECTION. (a) ADDITIONAL PORTS OF ENTRY.— border; and (a) IN GENERAL.—Subsection (l) of section (1) AUTHORITY.—The Administrator of Gen- 411 of the Homeland Security Act of 2002 (6 ‘‘(2) shall be involved in an active, ongoing, eral Services may, subject to section 3307 of U.S.C. 211) is amended to read as follows: U.S. Customs and Border Protection oper- title 40, United States Code, construct new ‘‘(l) TRAINING AND CONTINUING EDUCATION.— ation coordinated through a U.S. Border Pa- ports of entry along the northern border and ‘‘(1) MANDATORY TRAINING.—The Commis- trol sector office. southern border at locations determined by sioner shall ensure that every agent and offi- ‘‘(c) PERMITTED USES.—The recipient of a the Secretary. cer of U.S. Customs and Border Protection grant under this section may use such grant (2) CONSULTATION.— receives a minimum of 21 weeks of training for— (A) REQUIREMENT TO CONSULT.—The Sec- that are directly related to the mission of ‘‘(1) equipment, including maintenance and retary and the Administrator of General the U.S. Border Patrol, Air and Marine, and sustainment costs; Services shall consult with the Secretary of the Office of Field Operations before the ini- ‘‘(2) personnel, including overtime and State, the Secretary of the Interior, the Sec- tial assignment of such agents and officers. backfill, in support of enhanced border law retary of Agriculture, the Secretary of ‘‘(2) FLETC.—The Commissioner shall enforcement activities; Transportation, and appropriate representa- work in consultation with the Director of ‘‘(3) any activity permitted for Operation tives of State and local governments, and In- the Federal Law Enforcement Training Cen- Stonegarden under the Department of Home- dian tribes, and property owners in the ters to establish guidelines and curriculum land Security’s Fiscal Year 2017 Homeland United States prior to determining a loca- for the training of agents and officers of U.S. Security Grant Program Notice of Funding tion for any new port of entry constructed Customs and Border Protection under sub- Opportunity; and pursuant to paragraph (1). section (a). ‘‘(4) any other appropriate activity, as de- (B) CONSIDERATIONS.—The purpose of the termined by the Administrator, in consulta- ‘‘(3) CONTINUING EDUCATION.—The Commis- consultations required by subparagraph (A) sioner shall annually require all agents and tion with the Commissioner of U.S. Customs shall be to minimize any negative impacts of officers of U.S. Customs and Border Protec- and Border Protection. constructing a new port of entry on the envi- ‘‘(d) PERIOD OF PERFORMANCE.—The Sec- tion who are required to undergo training ronment, culture, commerce, and quality of retary shall award grants under this section under subsection (a) to participate in not life of the communities and residents located to grant recipients for a period of not less fewer than eight hours of continuing edu- near such new port. than 36 months. cation annually to maintain and update un- (b) EXPANSION AND MODERNIZATION OF HIGH- ‘‘(e) REPORT.—For each of fiscal years 2018 derstanding of Federal legal rulings, court PRIORITY SOUTHERN BORDER PORTS OF through 2022, the Administrator shall submit decisions, and Department policies, proce- ENTRY.—Not later than September 30, 2021, to the Committee on Homeland Security and dures, and guidelines related to relevant sub- the Administrator of General Services, sub- Governmental Affairs of the Senate and the ject matters. ject to section 3307 of title 40, United States Committee on Homeland Security of the ‘‘(4) LEADERSHIP TRAINING.—Not later than Code, and in coordination with the Sec- House of Representatives a report that con- one year after the date of the enactment of retary, shall expand or modernize high-pri- tains information on the expenditure of this subsection, the Commissioner shall de- ority ports of entry on the southern border, grants made under this section by each grant velop and require training courses geared to- as determined by the Secretary, for the pur- recipient. wards the development of leadership skills poses of reducing wait times and enhancing ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— security. for mid- and senior-level career employees There is authorized to be appropriated not later than one year after such employees (c) PORT OF ENTRY PRIORITIZATION.—Prior $22,000,000 for fiscal year 2018 for grants to constructing any new ports of entry pur- assume duties in supervisory roles.’’. under this section.’’. (b) REPORT.—Not later than 180 days after suant to subsection (a), the Administrator of (b) CONFORMING AMENDMENT.—Subsection General Services shall complete the expan- the date of the enactment of this Act, the (a) of section 2002 of the Homeland Security Commissioner shall submit to the Com- sion and modernization of ports of entry pur- Act of 2002 (6 U.S.C. 603) is amended to read mittee on Homeland Security and the Com- suant to subsection (b) to the extent prac- as follows: mittee on Ways and Means of the House of ticable. ‘‘(a) GRANTS AUTHORIZED.—The Secretary, (d) NOTIFICATIONS.— Representatives and the Committee on through the Administrator, may award (1) RELATING TO NEW PORTS OF ENTRY.—Not Homeland Security and Governmental Af- grants under sections 2003, 2004, and 2009 to later than 15 days after determining the lo- fairs and the Committee on Finance of the State, local, and tribal governments, as ap- cation of any new port of entry for construc- Senate a report identifying the guidelines propriate.’’. tion pursuant to subsection (a), the Sec- and curriculum established to carry out sub- (c) CLERICAL AMENDMENT.—The table of section (l) of section 411 of the Homeland Se- contents in section 1(b) of the Homeland Se- retary and the Administrator of General curity Act of 2002, as amended by subsection curity Act of 2002 is amended by inserting Services shall jointly notify the Members of (a) of this section. after the item relating to section 2008 the Congress who represent the State or congres- (c) ASSESSMENT.—Not later than four years following: sional district in which such new port of after the date of the enactment of this Act, entry will be located, as well as the Com- the Comptroller General of the United States ‘‘Sec. 2009. Operation Stonegarden.’’. mittee on Homeland Security and Govern- shall submit to the Committee on Homeland CHAPTER 4—AUTHORIZATION OF mental Affairs, the Committee on Finance, Security and the Committee on Ways and APPROPRIATIONS the Committee on Commerce, Science, and Means of the House of Representatives and SEC. 3151. AUTHORIZATION OF APPROPRIATIONS. Transportation, and the Committee on the the Committee on Homeland Security and In addition to amounts otherwise author- Judiciary of the Senate, and the Committee Governmental Affairs and the Committee on ized to be appropriated, there are authorized on Homeland Security, the Committee on Finance of the Senate a report that assesses to be appropriated for fiscal year 2018, Ways and Means, the Committee on Trans- the training and education, including con- $4,960,000,000 to implement this subtitle and portation and Infrastructure, and the Com- tinuing education, required under subsection the amendments made by this subtitle, of mittee on the Judiciary of the House of Rep- (l) of section 411 of the Homeland Security which— resentatives. Such notification shall include Act of 2002, as amended by subsection (a) of (1) $1,860,000,000 shall be used by the De- information relating to the location of such this section. partment of Homeland Security to construct new port of entry, a description of the need

VerDate Sep 11 2014 06:02 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00143 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.025 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S1072 CONGRESSIONAL RECORD — SENATE February 14, 2018 for such new port of entry and associated an- located within the pre-primary traffic flow ‘‘(J) a list of statutory, regulatory, or ad- ticipated benefits, a description of the con- and should be scalable to span up to 26 con- ministrative authorities, if any, needed to sultations undertaken by the Secretary and tiguous in-bound traffic lanes without re- integrate such a system into the operations the Administrator pursuant to paragraph (2) configuration of existing lanes. of the Transportation Security Administra- of such subsection, any actions that will be (b) REPORT.—Not later than 90 days after tion; and taken to minimize negative impacts of such the conclusion of the operational demonstra- ‘‘(2) not later than two years after the date new port of entry, and the anticipated time- tion under subsection (a), the Commissioner of the enactment of this section, establish a line for construction and completion of such shall submit to the Committee on Homeland biometric exit data system at the— new port of entry. Security and the Committee on Ways and ‘‘(A) 15 United States airports that support (2) RELATING TO EXPANSION AND MODERNIZA- Means of the House of Representatives and the highest volume of international air trav- TION OF PORTS OF ENTRY.—Not later than 180 the Committee on Homeland Security and el, as determined by available Federal flight days after enactment of this Act, the Sec- Governmental Affairs and the Committee on data; retary and the Administrator of General Finance of the Senate a report that describes ‘‘(B) 10 United States seaports that support Services shall jointly notify the Committee the following: the highest volume of international sea trav- on Homeland Security and Governmental Af- (1) The effects of such demonstration on le- el, as determined by available Federal travel fairs, the Committee on Finance, the Com- gitimate travel and trade. data; and mittee on Commerce, Science, and Transpor- (2) The effects of such demonstration on ‘‘(C) 15 United States land ports of entry tation, and the Committee on the Judiciary wait times, including processing times, for that support the highest volume of vehicle, of the Senate, and the Committee on Home- non-pedestrian traffic. pedestrian, and cargo crossings, as deter- land Security, the Committee on Ways and (3) The effectiveness of such demonstration mined by available Federal border crossing Means, the Committee on Transportation in combating terrorism and smuggling. data. ‘‘(b) IMPLEMENTATION.— and Infrastructure, and the Committee on SEC. 3205. BIOMETRIC EXIT DATA SYSTEM. ‘‘(1) PILOT PROGRAM AT LAND PORTS OF the Judiciary of the House of Representa- (a) IN GENERAL.—Subtitle B of title IV of ENTRY FOR NON-PEDESTRIAN OUTBOUND TRAF- tives of the ports of entry on the southern the Homeland Security Act of 2002 (6 U.S.C. FIC.—Not later than six months after the border that are the subject of expansion or 211 et seq.) is amended by inserting after sec- date of the enactment of this section, the modernization pursuant to subsection (b) tion 415 the following new section: and the Secretary’s and Administrator’s plan Secretary, in collaboration with industry ‘‘SEC. 416. BIOMETRIC ENTRY-EXIT. stakeholders, shall establish a six-month for expanding or modernizing each such port ‘‘(a) ESTABLISHMENT.—The Secretary of entry. pilot program to test the biometric exit data shall— system referred to in subsection (a)(2) on (e) RULE OF CONSTRUCTION.—Nothing in ‘‘(1) not later than 180 days after the date this section may be construed as providing non-pedestrian outbound traffic at not fewer of the enactment of this section, submit to than three land ports of entry with signifi- the Secretary new authority related to the the Committee on Homeland Security and cant cross-border traffic, including at not construction, acquisition, or renovation of Governmental Affairs and the Committee on fewer than two land ports of entry on the real property. the Judiciary of the Senate and the Com- southern land border and at least one land SEC. 3202. SECURE COMMUNICATIONS. mittee on Homeland Security and the Com- port of entry on the northern land border. (a) IN GENERAL.—The Secretary shall en- mittee on the Judiciary of the House of Rep- Such pilot program may include a consider- sure that each U.S. Customs and Border Pro- resentatives an implementation plan to es- ation of more than one biometric mode, and tection and U.S. Immigration and Customs tablish a biometric exit data system to com- shall be implemented to determine the fol- Enforcement officer or agent, if appropriate, plete the integrated biometric entry and exit lowing: is equipped with a secure radio or other two- data system required under section 7208 of ‘‘(A) How a nationwide implementation of way communication device, supported by the Intelligence Reform and Terrorism Pre- such biometric exit data system at land system interoperability, that allows each vention Act of 2004 (8 U.S.C. 1365b), includ- ports of entry shall be carried out. such officer to communicate— ing— ‘‘(B) The infrastructure required to carry (1) between ports of entry and inspection ‘‘(A) an integrated master schedule and out subparagraph (A). stations; and cost estimate, including requirements and ‘‘(C) The effects of such pilot program on (2) with other Federal, State, tribal, and design, development, operational, and main- legitimate travel and trade. local law enforcement entities. tenance costs of such a system, that takes ‘‘(D) The effects of such pilot program on (b) U.S. BORDER PATROL AGENTS.—The Sec- into account prior reports on such matters wait times, including processing times, for retary shall ensure that each U.S. Border Pa- issued by the Government Accountability Of- such non-pedestrian traffic. trol agent or officer assigned or required to fice and the Department; ‘‘(E) The effects of such pilot program on patrol on foot, by horseback, or with a ca- ‘‘(B) cost-effective staffing and personnel combating terrorism. nine unit, in remote mission critical loca- requirements of such a system that leverages ‘‘(F) The effects of such pilot program on tions, and at border checkpoints, has a existing resources of the Department that identifying visa holders who violate the multi- or dual-band encrypted portable takes into account prior reports on such terms of their visas. radio. matters issued by the Government Account- ‘‘(2) AT LAND PORTS OF ENTRY FOR NON-PE- (c) LTE CAPABILITY.—In carrying out sub- ability Office and the Department; DESTRIAN OUTBOUND TRAFFIC.— section (b), the Secretary shall acquire ra- ‘‘(C) a consideration of training programs ‘‘(A) IN GENERAL.—Not later than five dios or other devices with the option to be necessary to establish such a system that years after the date of the enactment of this LTE-capable for deployment in areas where takes into account prior reports on such section, the Secretary shall expand the bio- LTE enhances operations and is cost effec- matters issued by the Government Account- metric exit data system referred to in sub- tive. ability Office and the Department; section (a)(2) to all land ports of entry, and SEC. 3203. BORDER SECURITY DEPLOYMENT PRO- ‘‘(D) a consideration of how such a system such system shall apply only in the case of GRAM. will affect arrival and departure wait times non-pedestrian outbound traffic. (a) EXPANSION.—Not later than September that takes into account prior reports on such ‘‘(B) EXTENSION.—The Secretary may ex- 30, 2021, the Secretary shall fully implement matter issued by the Government Account- tend for a single two-year period the date the Border Security Deployment Program of ability Office and the Department; specified in subparagraph (A) if the Sec- the U.S. Customs and Border Protection and ‘‘(E) information received after consulta- retary certifies to the Committee on Home- expand the integrated surveillance and in- tion with private sector stakeholders, in- land Security and Governmental Affairs and trusion detection system at land ports of cluding the— the Committee on the Judiciary of the Sen- entry along the southern border and the ‘‘(i) trucking industry; ate and the Committee on Homeland Secu- northern border. ‘‘(ii) airport industry; rity and the Committee on the Judiciary of (b) AUTHORIZATION OF APPROPRIATIONS.—In ‘‘(iii) airline industry; the House of Representatives that the 15 addition to amounts otherwise authorized to ‘‘(iv) seaport industry; land ports of entry that support the highest be appropriated for such purpose, there is au- ‘‘(v) travel industry; and volume of passenger vehicles, as determined thorized to be appropriated $33,000,000 for fis- ‘‘(vi) biometric technology industry; by available Federal data, do not have the cal year 2018 to carry out subsection (a). ‘‘(F) a consideration of how trusted trav- physical infrastructure or characteristics to SEC. 3204. NON-INTRUSIVE INSPECTION OPER- eler programs in existence as of the date of install the systems necessary to implement a ATIONAL DEMONSTRATION. the enactment of this section may be im- biometric exit data system. (a) IN GENERAL.—Not later than six months pacted by, or incorporated into, such a sys- ‘‘(3) AT AIR AND SEA PORTS OF ENTRY.—Not after the date of the enactment of this Act, tem; later than five years after the date of the en- the Commissioner shall establish a six- ‘‘(G) defined metrics of success and mile- actment of this section, the Secretary shall month operational demonstration to deploy stones; expand the biometric exit data system re- a high-throughput non-intrusive passenger ‘‘(H) identified risks and mitigation strate- ferred to in subsection (a)(2) to all air and vehicle inspection system at not fewer than gies to address such risks; sea ports of entry. three land ports of entry along the United ‘‘(I) a consideration of how other countries ‘‘(4) AT LAND PORTS OF ENTRY FOR PEDES- States-Mexico border with significant cross- have implemented a biometric exit data sys- TRIANS.—Not later than five years after the border traffic. Such demonstration shall be tem; and date of the enactment of this section, the

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For all facilities at mounted surveillance systems, hiring addi- to all land ports of entry, and such system land ports of entry, such space requirements tional motor vehicle program support per- shall apply only in the case of pedestrians. shall be coordinated with the Administrator sonnel, and for contract support for cus- ‘‘(c) EFFECTS ON AIR, SEA, AND LAND of General Services. tomer service, vendor management, and op- TRANSPORTATION.—The Secretary, in con- ‘‘(j) NORTHERN LAND BORDER.—In the case erations management; and sultation with appropriate private sector of the northern land border, the require- (2) $50,000,000 shall be used to implement stakeholders, shall ensure that the collec- ments under subsections (a)(2)(C), (b)(2)(A), the biometric exit data system described in tion of biometric data under this section and (b)(4) may be achieved through the shar- section 416 of the Homeland Security Act of causes the least possible disruption to the ing of biometric data provided to U.S. Cus- 2002, as added by section 3205 of this division. movement of people or cargo in air, sea, or toms and Border Protection by the Canadian SEC. 3208. DEFINITION. land transportation, while fulfilling the Border Services Agency pursuant to the 2011 goals of improving counterterrorism efforts Beyond the Border agreement. In this subtitle, the term ‘‘Secretary’’ and identifying visa holders who violate the ‘‘(k) FAIR AND OPEN COMPETITION.—The means the Secretary of Homeland Security. terms of their visas. Secretary shall procure goods and services to TITLE IV—LAWFUL STATUS FOR CERTAIN ‘‘(d) TERMINATION OF PROCEEDING.—Not- implement this section via fair and open CHILDHOOD ARRIVALS withstanding any other provision of law, the competition in accordance with the Federal Secretary shall, on the date of the enact- Acquisition Regulations. SEC. 4101. DEFINITIONS. ment of this section, terminate the pro- ‘‘(l) OTHER BIOMETRIC INITIATIVES.—Noth- In this title: ceeding entitled ‘Collection of Alien Biomet- ing in this section may be construed as lim- (1) IN GENERAL.—Except as otherwise spe- ric Data Upon Exit From the United States iting the authority of the Secretary to col- cifically provided, the terms used in this at Air and Sea Ports of Departure; United lect biometric information in circumstances title have the meanings given such terms in States Visitor and Immigrant Status Indi- other than as specified in this section. subsections (a) and (b) of section 101 of the cator Technology Program (‘‘US–VISIT’’)’, ‘‘(m) CONGRESSIONAL REVIEW.—Not later Immigration and Nationality Act (8 U.S.C. issued on April 24, 2008 (73 Fed. Reg. 22065). than 90 days after the date of the enactment 1101). ‘‘(e) DATA-MATCHING.—The biometric exit of this section, the Secretary shall submit to data system established under this section (2) CONTINGENT NONIMMIGRANT.—The term the Committee on Homeland Security and ‘‘contingent nonimmigrant’’ means an alien shall— Governmental Affairs of the Senate, the ‘‘(1) match biometric information for an who is granted contingent nonimmigrant Committee on the Judiciary of the Senate, status under this title. individual, regardless of nationality, citizen- the Committee on Homeland Security of the (3) EDUCATIONAL INSTITUTION.—The term ship, or immigration status, who is depart- House of Representatives, and Committee on ing the United States against biometric data ‘‘educational institution’’ means— the Judiciary of the House of Representa- (A) an institution that is described in sec- previously provided to the United States tives reports and recommendations regard- Government by such individual for the pur- tion 101(a) of the Higher Education Act of ing the Science and Technology Direc- 1965 (20 U.S.C. 1001(a)) or is a proprietary in- poses of international travel; torate’s Air Entry and Exit Re-Engineering ‘‘(2) leverage the infrastructure and data- stitution of higher education (as defined in Program of the Department and the U.S. section 102(b) of such Act (20 U.S.C. 1002(b))); bases of the current biometric entry and exit Customs and Border Protection entry and system established pursuant to section 7208 (B) an elementary, primary, or secondary exit mobility program demonstrations. school within the United States; or of the Intelligence Reform and Terrorism ‘‘(n) SAVINGS CLAUSE.—Nothing in this sec- (C) an educational program assisting stu- Prevention Act of 2004 (8 U.S.C. 1365b) for the tion shall prohibit the collection of user fees dents either in obtaining a high school purpose described in paragraph (1); and permitted by section 13031 of the Consoli- equivalency diploma, certificate, or its rec- ‘‘(3) be interoperable with, and allow dated Omnibus Budget Reconciliation Act of ognized equivalent under State law, or in matching against, other Federal databases 1985 (19 U.S.C. 58c).’’. passing a General Educational Development that— (b) CLERICAL AMENDMENT.—The table of exam or other equivalent State-authorized ‘‘(A) store biometrics of known or sus- contents in section 1(b) of the Homeland Se- exam or other applicable State requirements pected terrorists; and curity Act of 2002 is amended by inserting for high school equivalency. ‘‘(B) identify visa holders who violate the after the item relating to section 415 the fol- (4) SECRETARY.—Except as otherwise spe- terms of their visas. lowing new item: ‘‘(f) SCOPE.— cifically provided, the term ‘‘Secretary’’ ‘‘Sec. 416. Biometric entry-exit.’’. ‘‘(1) IN GENERAL.—The biometric exit data means the Secretary of Homeland Security. system established under this section shall SEC. 3206. SENSE OF CONGRESS ON COOPERA- (5) SEXUAL ASSAULT OR HARASSMENT.—The TION BETWEEN AGENCIES. include a requirement for the collection of term ‘‘sexual assault or harassment’’ (a) FINDING.—Congress finds that personnel biometric exit data at the time of departure means— constraints exist at land ports of entry with for all categories of individuals who are re- (A) conduct engaged in by an alien 18 years regard to sanitary and phytosanitary inspec- quired by the Secretary to provide biometric of age or older, which consists of unwelcome tions for exported goods. entry data. sexual advances, requests for sexual favors, (b) SENSE OF CONGRESS.—It is the sense of ‘‘(2) EXCEPTION FOR CERTAIN OTHER INDIVID- or other verbal or physical conduct of a sex- Congress that, in the best interest of cross- UALS.—This section shall not apply in the ual nature, and— border trade and the agricultural commu- case of an individual who exits and then en- (i) submission to such conduct is made ei- nity— ters the United States on a passenger vessel ther explicitly or implicitly a term or condi- (1) any lack of certified personnel for in- (as such term is defined in section 2101 of tion of an individual’s employment; spection purposes at ports of entry should be title 46, United States Code) the itinerary of (ii) submission to or rejection of such con- addressed by seeking cooperation between which originates and terminates in the duct by an individual is used as the basis for agencies and departments of the United United States. employment decisions affecting such indi- States, whether in the form of a memo- ‘‘(3) EXCEPTION FOR LAND PORTS OF ENTRY.— vidual; or randum of understanding or through a cer- This section shall not apply in the case of a (iii) such conduct has the purpose or effect tification process, whereby additional exist- United States or Canadian citizen who exits of creating an intimidating, hostile, or offen- ing agents are authorized for additional the United States through a land port of sive environment; hours to facilitate and expedite the flow of entry. (B) conduct constituting a criminal offense legitimate trade and commerce of perishable ‘‘(g) COLLECTION OF DATA.—The Secretary of rape, as described in section 101(a)(43)(A) may not require any non-Federal person to goods in a manner consistent with rules of of the Immigration and Nationality Act (8 collect biometric data, or contribute to the the Department of Agriculture; and U.S.C. 1101(a)(43)(A)); costs of collecting or administering the bio- (2) cross designation should be available (C) conduct constituting a criminal offense metric exit data system established under for personnel who will assist more than one of statutory rape, or any offense of a sexual this section, except through a mutual agree- agency or department of the United States nature involving a victim under the age of 18 ment. at land ports of entry to facilitate and expe- years, as described in section 101(a)(43)(A) of ‘‘(h) MULTI-MODAL COLLECTION.—In car- dite the flow of increased legitimate trade the Immigration and Nationality Act (8 rying out subsections (a)(1) and (b), the Sec- and commerce. U.S.C. 1101(a)(43)(A)); retary shall make every effort to collect bio- SEC. 3207. AUTHORIZATION OF APPROPRIATIONS. (D) sexual conduct with a minor who is metric data using multiple modes of bio- In addition to any amounts otherwise au- under 14 years of age, or with a minor under metrics. thorized to be appropriated for such purpose, 16 years of age where the alien was at least ‘‘(i) FACILITIES.—All facilities at which the there is authorized to be appropriated 4 years older than the minor; biometric exit data system established under $250,000,000 for fiscal year 2018 to carry out (E) conduct punishable under section 2251 this section is implemented shall provide this subtitle, of which— or 2251A (relating to the sexual exploitation and maintain space for Federal use that is (1) $400,000 shall be used by the Secretary of children and the selling or buying of chil- adequate to support biometric data collec- for hiring additional Uniform Management dren), or section 2252 or 2252A (relating to tion and other inspection-related activity. Center support personnel, purchasing uni- certain activities relating to material in- For non-federally owned facilities, such forms for CBP officers and agents, acquiring volving the sexual exploitation of minors or

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relating to material constituting or con- (B) EVIDENCE.—An alien shall demonstrate (ii) subparagraphs (A), (D), and (G) of para- taining child pornography) of title 18, United compliance with clause (i) or (ii) of subpara- graph (6), and paragraphs (9)(C)(i)(I) and States Code; or graph (A) by providing a valid certified tran- (10)(B), of such section shall not apply, ex- (F) conduct constituting the elements of script or diploma from the educational insti- cept in the case of the alien unlawfully en- any other Federal or State sexual offense re- tution the alien is enrolled in or from which tering the United States after June 15, 2007; quiring a defendant, if convicted, to register the alien has acquired a diploma or certifi- (G) is deportable under section 237(a) of the on a sexual offender registry (except that cate. Immigration and Nationality Act (8 U.S.C. this provision shall not apply to convictions (4) GROUNDS FOR INELIGIBILITY.—An alien is 1227(a)), except that in determining an solely for urinating or defecating in public). ineligible for contingent nonimmigrant sta- alien’s deportability— (6) VICTIM.—The term ‘‘victim’’ has the tus if the Secretary determines that the (i) subparagraph (A) of section 237(a)(1) of meaning given the term in section 503(e) of alien— such Act shall not apply with respect to the Victims’ Rights and Restitution Act of (A) has a conviction for— grounds of inadmissibility that do not apply 1990 (42 U.S.C. 10607(e)). (i) an offense classified as a felony in the pursuant to subparagraph (C) of such sec- tion; and SEC. 4102. CONTINGENT NONIMMIGRANT STATUS convicting jurisdiction; FOR CERTAIN ALIENS WHO EN- (ii) an aggravated felony; (ii) subparagraphs (B) through (D) of sec- TERED THE UNITED STATES AS MI- (iii) an offense classified as a misdemeanor tion 237(a)(1) and section 237(a)(3)(A) of such NORS. in the convicting jurisdiction which in- Act shall not apply; (H) was, on the date of the enactment of (a) IN GENERAL.—Notwithstanding any volved— this Act— other provision of law, the Secretary may (I) domestic violence (as defined in section (i) an alien lawfully admitted for perma- grant contingent nonimmigrant status to an 40002(a) of the Violence Against Women Act nent residence; alien who— of 1994 (34 U.S.C. 12291(a))); (ii) an alien admitted as a refugee under (1) meets the eligibility requirements set (II) child abuse or neglect (as defined in section 207 of the Immigration and Nation- forth in subsection (b); section 40002(a) of the Violence Against ality Act (8 U.S.C. 1157), or granted asylum (2) submits a completed application before Women Act of 1994 (34 U.S.C. 12291(a))); under section 208 of the Immigration and Na- the end of the period set forth in subsection (III) assault resulting in bodily injury (as (c)(2); and tionality Act (8 U.S.C. 1157 and 1158); or such term is defined in section 2266 of title (iii) an alien who, according to the records (3) has paid the fees required under sub- 18, United States Code); of the Secretary or the Secretary of State, is section (c)(5). (IV) the violation of a protection order (as lawfully present in the United States in any (b) ELIGIBILITY REQUIREMENTS.— such term is defined in section 2266 of title nonimmigrant status (other than an alien (1) IN GENERAL.—An alien is eligible for 18, United States Code); or considered to be a nonimmigrant solely due contingent nonimmigrant status if the alien (V) driving while intoxicated or driving to the application of section 244(f)(4) of the establishes by clear and convincing evidence under the influence (as such terms are de- Immigration and Nationality Act (8 U.S.C. that the alien meets the requirements set fined in section 164(a)(2) of title 23, United 1254a(f)(4)) or the amendment made by sec- forth in this subsection. States Code); tion 702 of the Consolidated Natural Re- (2) GENERAL REQUIREMENTS.—The require- (iv) two or more misdemeanor convictions sources Act of 2008 (Public Law 110–229)), not- ments under this paragraph are that the (excluding minor traffic offenses that did not withstanding any unauthorized employment alien— involve driving while intoxicated or driving or other violation of nonimmigrant status; (A) is physically present in the United under the influence, or that did not subject (I) has failed to comply with the require- States on the date on which the alien sub- any individual other than the alien to bodily ments of any removal order or voluntary de- mits an application for contingent non- injury); or parture agreement; immigrant status; (v) any offense under foreign law, except (J) has been ordered removed in absentia (B) was physically present in the United for a purely political offense, which, if the pursuant to section 240(b)(5)(A) of the Immi- States on June 15, 2007; offense had been committed in the United gration and Nationality Act (8 U.S.C. (C) was younger than 16 years of age on the States, would render the alien inadmissible 1229a(b)(5)(A)); date the alien initially entered the United under section 212(a) of the Immigration and (K) has failed or refused to attend or re- States; Nationality Act (8 U.S.C. 1182(a)) or deport- main in attendance at a proceeding to deter- (D) is a person of good moral character; able under section 237(a) of such Act (8 mine the alien’s inadmissibility or deport- (E) was under 31 years of age on June 15, U.S.C. 1227(a)); ability; 2012, and at the time of filing an application (B) has been adjudicated delinquent in a (L) if over the age of 18, has failed to dem- under subsection (c); State or local juvenile court proceeding for onstrate that he or she is able to maintain (F) has maintained continuous physical an offense equivalent to— himself or herself at an annual income that presence in the United States from June 15, (i) an offense relating to murder, man- is not less than 125 percent of the Federal 2012, until the date on which the alien is slaughter, homicide, rape (whether the vic- poverty level throughout the period of ad- granted contingent nonimmigrant status tim was conscious or unconscious), statutory mission as a contingent nonimmigrant, un- under this section; rape, or any offense of a sexual nature in- less the alien has demonstrated that the (G) had no lawful immigration status on volving a victim under the age of 18 years, as alien is enrolled in, and is in regular full- June 15, 2012; described in section 101(a)(43)(A) of the Im- time attendance at, an educational institu- (H) has requested the release to the De- migration and Nationality Act (8 U.S.C. tion within the United States; partment of Homeland Security of all 1101(a)(43)(A)); (M) is delinquent with respect to any Fed- records regarding their being adjudicated de- (ii) a crime of violence, as such term is de- eral, State, or local income or property tax linquent in State or local juvenile court pro- fined in section 16 of title 18, United States liability; ceedings, and the Department has obtained Code; or (N) has failed to pay to the Treasury, in all such records; and (iii) an offense punishable under section 401 addition to any amounts owed, an amount (I) possesses a valid Employment Author- of the Controlled Substances Act (21 U.S.C. equal to the aggregate value of any disburse- ization Document which authorizes the alien 841); ments received by such alien for refunds de- to work as of the date of the enactment of (C) has a conviction for any other criminal scribed in section 1324(b)(2); this Act, which was issued pursuant to the offense, which regard to which the alien has (O) has income that would result in tax li- June 15, 2012, U.S. Department of Homeland not satisfied any civil legal judgements ability under section 1 of the Internal Rev- Security Memorandum entitled, ‘‘Exercising awarded to any victims (or family members enue Code of 1986 and that was not reported Prosecutorial Discretion With Respect to In- of victims) of the crime; to the Internal Revenue Service; or dividuals Who Came to the United States as (D) is described in section 212(a)(2)(J) of (P) has at any time engaged in sexual as- Children’’. the Immigration and Nationality Act (8 sault or harassment. (3) EDUCATION REQUIREMENT.— U.S.C. 1882(a)(2)(J)) (relating to aliens associ- (c) APPLICATION PROCEDURES.— (A) IN GENERAL.—An alien may not be ated with criminal gangs); (1) IN GENERAL.—An alien may apply for granted contingent nonimmigrant status (E) has been charged with a felony or mis- contingent nonimmigrant status by submit- under this section unless the alien estab- demeanor offense (excluding minor traffic of- ting a completed application form via elec- lishes by clear and convincing evidence that fenses that did not involve driving while in- tronic filing to the Secretary during the ap- the alien— toxicated or driving under the influence, or plication period set forth in paragraph (2), in (i) is enrolled in, and is in regular full-time that did not subject any individual other accordance with the interim final rule made attendance at, an educational institution than the alien to bodily injury), and the by the Secretary under section 1105. within the United States; or charge or charges are still pending; (2) APPLICATION PERIOD.—The Secretary (ii) has acquired a diploma from a high (F) is inadmissible under section 212(a) of may only accept applications for contingent school in the United States, has earned a the Immigration and Nationality Act (8 nonimmigrant status from aliens in the General Educational Development certifi- U.S.C. 1182(a)), except that in determining an United States during the 1-year period begin- cate recognized under State law, or has alien’s inadmissibility— ning on the date on which the interim final earned a recognized high school equivalency (i) paragraphs (5), (7), and (9)(B) of such rule is published in the Federal Register pur- certificate under applicable State law. section shall not apply; and suant to section 1105.

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(3) APPLICATION FORM.— status, to the satisfaction of the Secretary, (C) CLEARANCES.— (A) REQUIRED INFORMATION.—The applica- the Secretary— (i) DATA COLLECTION.—The Secretary shall tion form referred to in paragraph (1) shall (A) shall provide the alien with a reason- collect, from each alien applying for status collect such information as the Secretary de- able opportunity to file an application under under this section, biometric, biographic, termines to be necessary and appropriate in this section during such application period; and other data that the Secretary deter- order to determine whether an alien meets and mines to be appropriate— the eligibility requirements set forth in sub- (B) may not remove the individual until (I) to conduct national security and law section (b). the Secretary has denied the application, un- enforcement checks; and (B) INTERVIEW.—The Secretary shall con- less the Secretary, in the Secretary’s sole (II) to determine whether there are any duct an in-person interview of each applicant and unreviewable discretion, determines that factors that would render an alien ineligible for contingent nonimmigrant status under expeditious removal of the alien is in the na- for such status. this section as part of the determination as tional security, public safety, or foreign pol- (ii) ADDITIONAL SECURITY SCREENING.—The to whether the alien meets the eligibility re- icy interests of the United States, or the Secretary, in consultation with the Sec- quirements set forth in subsection (b). Secretary will be required for constitutional retary of State and the heads of other agen- (4) DOCUMENTARY REQUIREMENTS.—An ap- reasons or court order to release the alien cies as appropriate, shall conduct an addi- plication filed by an alien under this section from detention. tional security screening upon determining, shall include the following: (7) SUSPENSION OF REMOVAL DURING APPLI- in the Secretary’s opinion based upon infor- (A) One or more of the following docu- CATION PERIOD.— mation related to national security, that an (A) ALIENS IN REMOVAL PROCEEDINGS.—Not- ments demonstrating the alien’s identity: alien is or was a citizen or resident of a re- withstanding any other provision of this (i) A passport (or national identity docu- gion or country known to pose a threat, or title, if the Secretary determines that an ment) from the alien’s country of origin. that contains groups or organizations that alien, during the period beginning on the (ii) A certified birth certificate along with pose a threat, to the national security of the date of the enactment of this Act and ending photo identification. United States. on the last day of the application period de- (iii) A State-issued identification card (iii) PREREQUISITE.—The required clear- scribed in subsection (c)(2), is in removal, de- bearing the alien’s name and photograph. ances and screenings described in clauses portation, or exclusion proceedings before (i)(I) and (ii) shall be completed before the (iv) An Armed Forces identification card the Executive Office for Immigration Review issued by the Department of Defense. alien may be granted contingent non- and is prima facie eligible for contingent immigrant status. (v) A Coast Guard identification card nonimmigrant status under this section— issued by the Department of Homeland Secu- (9) DURATION OF STATUS AND EXTENSION.— (i) the Secretary shall provide the alien The initial period of contingent non- rity. with the opportunity to file an application (B) A certified copy of the alien’s birth cer- immigrant status— for such status; and (A) shall be 3 years unless revoked pursu- tificate or certified school transcript dem- (ii) upon motion by the alien and with the onstrating that the alien satisfies the re- ant to subsection (e); and consent of the Secretary, the Executive Of- (B) may be extended for additional 3-year quirement of subsection (b)(2)(A)(iii) and (v). fice for Immigration Review shall— (C) A certified school transcript dem- terms if— (I) provide the alien a reasonable oppor- (i) the alien remains eligible for contingent onstrating that the alien satisfies the re- tunity to apply for such status; and nonimmigrant status under subsection (b); quirements of subsection (b)(2)(A)(ii) and (II) if the alien applies within the time (ii) the alien again passes background (vi). frame provided, suspend such proceedings checks equivalent to the background checks (D) Immigration records from the Depart- until the Secretary has made a determina- described in subsection (c)(9); and ment of Homeland Security (demonstrating tion on the application. (iii) such status was not revoked by the that the alien satisfies the requirements (B) ALIENS ORDERED REMOVED.—If an alien Secretary for any reason. under subsection (b)(2)(A)(i), (ii), and (vi)). who meets the eligibility requirements set (5) FEES.— forth in subsection (b) is present in the (d) TERMS AND CONDITIONS OF CONTINGENT (A) STANDARD PROCESSING FEE.— United States and has been ordered excluded, NONIMMIGRANT STATUS.— (i) IN GENERAL.—Aliens applying for con- deported, or removed, or ordered to depart (1) WORK AUTHORIZATION.—The Secretary tingent nonimmigrant status under this sec- voluntarily from the United States pursuant shall grant employment authorization to an tion shall pay a processing fee to the Depart- to section 212(a)(6)(A)(i) or 237(a)(1)(B) or (C) alien granted contingent nonimmigrant sta- ment of Homeland Security in an amount de- of the Immigration and Nationality Act (8 tus who requests such authorization. termined by the Secretary. U.S.C. 1182(a)(6)(A)(i), 1227(a)(1)(B) or (C)), (2) TRAVEL OUTSIDE THE UNITED STATES.— (ii) RECOVERY OF COSTS.—The processing the Secretary shall provide the alien with (A) IN GENERAL.—The status of a contin- fee authorized under clause (i) shall be set at the opportunity to file an application for gent nonimmigrant who is absent from the a level that is, at a minimum, sufficient to contingent nonimmigrant status provided United States without authorization shall be recover the full costs of processing the appli- that the alien has not failed to comply with subject to revocation under subsection (e). cation, including any costs incurred— any order issued pursuant to section 239 or (B) AUTHORIZATION.—The Secretary may (I) to adjudicate the application; 240B of the Immigration and Nationality Act authorize a contingent nonimmigrant to (II) to take and process biometrics; (8 U.S.C. 1229, 1229c). travel outside the United States and may (III) to perform national security and (C) PERIOD PENDING ADJUDICATION OF APPLI- grant the contingent nonimmigrant reentry criminal checks; CATION.—During the period beginning on the provided that the contingent non- (IV) to prevent and investigate fraud; and date on which an alien applies for contingent immigrant— (V) to administer the collection of such nonimmigrant status under subsection (c) (i) was not absent from the United States fee. and ending on the date on which the Sec- for a period of more than 15 consecutive (iii) DEPOSIT AND USE OF PROCESSING retary makes a determination regarding days, or 90 days in the aggregate during each FEES.—Fees collected under clause (i) shall such application, an otherwise removable 3-year period that the alien is in contingent be deposited into the Immigration Examina- alien may not be removed from the United nonimmigrant status, unless the contingent tions Fee Account pursuant to section 286(m) States unless— nonimmigrant’s failure to return was due to of the Immigration and Nationality Act (8 (i) the Secretary makes a prima facie de- extenuating circumstances beyond the indi- U.S.C. 1356(m)). termination that such alien is, or has be- vidual’s control; and (B) BORDER SECURITY FEE.— come, ineligible for contingent non- (ii) is otherwise admissible to the United (i) IN GENERAL.—Aliens applying for con- immigrant status under subsection (b); or States, except as provided in subsection tingent nonimmigrant status under this sec- (ii) the Secretary, in the Secretary’s sole (b)(4)(F). tion shall pay a border security fee to the and unreviewable discretion, determines that (C) CLARIFICATION ON ADMISSION.—The ad- Department of Homeland Security in an removal of the alien is in the national secu- mission to the United States of a contingent amount of $1,000. rity, public safety, or foreign policy interest nonimmigrant after such trips as described (ii) USE OF BORDER SECURITY FEES.—Fees of the United States. in subparagraph (B) shall not be considered collected under clause (i) shall be available, (8) SECURITY AND LAW ENFORCEMENT CLEAR- an admission for the purposes of section to the extent provided in advance in appro- ANCES.— 245(a) of the Immigration and Nationality priation Acts, to the Secretary of Homeland (A) BIOMETRIC AND BIOGRAPHIC DATA.—The Act (8 U.S.C. 1255(a)). Security for the purposes of carrying out Secretary may not grant contingent non- (3) INELIGIBILITY FOR HEALTH CARE SUB- title III, and the amendments made by that immigrant status to an alien under this sec- SIDIES AND REFUNDABLE TAX CREDITS.— title. tion unless such alien submits biometric and (A) HEALTH CARE SUBSIDIES.—A contingent (6) ALIENS APPREHENDED BEFORE OR DURING biographic data in accordance with proce- nonimmigrant— THE APPLICATION PERIOD.—If an alien who is dures established by the Secretary. (i) is not entitled to the premium assist- apprehended during the period beginning on (B) ALTERNATIVE PROCEDURES.—The Sec- ance tax credit authorized under section 36B the date of the enactment of this Act and retary may provide an alternative procedure of the Internal Revenue Code of 1986 and ending on the last day of the application pe- for applicants who cannot provide the bio- shall be subject to the rules applicable to in- riod described in paragraph (2) appears prima metric data required under subparagraph (A) dividuals who are not lawfully present set facie eligible for contingent nonimmigrant due to a physical impairment. forth in subsection (e) of such section; and

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(ii) shall be subject to the rules applicable (1) APPLICABLE PROVISIONS.—Judicial re- that is legally enforceable by any party to individuals who are not lawfully present view of an administratively final denial or against the United States or its agencies or set forth in section 1402(e) of the Patient revocation of, or failure to extend, an appli- officers or any other person. Protection and Affordable Care Act (42 cation for status under this title shall be U.S.C. 18071(e)). governed only by chapter 158 of title 28, ex- SA 1967. Mr. GARDNER (for himself (B) REFUNDABLE TAX CREDITS.—A contin- cept as provided in paragraphs (2) and (3) of and Mr. BENNET) submitted an amend- gent nonimmigrant shall not be allowed any this subsection, and except that a court may ment intended to be proposed by him credit under sections 24 and 32 of the Inter- not order the taking of additional evidence to the bill H.R. 2579, to amend the In- nal Revenue Code of 1986. under section 2347(c) of such chapter. ternal Revenue Code of 1986 to allow (4) FEDERAL, STATE, AND LOCAL PUBLIC BEN- (2) SINGLE APPEAL FOR EACH ADMINISTRA- the premium tax credit with respect to EFITS.—For purposes of title IV of the Per- TIVE DECISION.—An alien in the United States unsubsidized COBRA continuation cov- sonal Responsibility and Work Opportunity whose application for status under this title erage; which was ordered to lie on the Reconciliation Act of 1996 (8 U.S.C. 1601 et has been denied, revoked, or failed to be ex- seq.), a contingent nonimmigrant shall not tended, may file not more than 1 appeal, pur- table; as follows: be considered a qualified alien under the Im- suant to this subsection, of each decision to At the appropriate place, insert the fol- migration and Nationality Act (8 U.S.C. 1101 deny or revoke such status. lowing: et seq.). (3) LIMITATION ON CIVIL ACTIONS.— TITLE I—BORDER SECURITY (5) CLARIFICATION.—An alien granted con- (A) CLASS ACTIONS.—No court may certify a Subtitle A—Appropriations for U.S. Customs tingent nonimmigrant status under this title class under Rule 23 of the Federal Rules of and Border Protection shall not be considered to have been admit- Civil Procedure in any civil action filed after SEC. 101. BORDER SECURITY. ted to the United States for the purposes of the date of the enactment of this Act per- (a) APPROPRIATIONS FOR U.S. CUSTOMS AND section 245(a) of the Immigration and Na- taining to the administration or enforce- BORDER PROTECTION.—There is appropriated tionality Act (8 U.S.C. 1255(a)). ment of the application for status under this to the Department of Homeland Security, (e) REVOCATION.— title. U.S. Customs and Border Protection, (1) IN GENERAL.—The Secretary shall re- (B) REQUIREMENTS FOR AN ORDER GRANTING $25,000,000,000 for the fiscal years 2018 voke the status of a contingent non- PROSPECTIVE RELIEF AGAINST THE GOVERN- through 2027 for the construction of physical immigrant at any time if the alien— MENT.—If a court determines that prospec- barriers; border security technologies, facili- (A) no longer meets the eligibility require- tive relief should be ordered against the Gov- ties, and equipment; the purchase, mainte- ments set forth in subsection (b); ernment in any civil action pertaining to the nance, or operation of marine vessels, air- (B) knowingly uses documentation issued administration or enforcement of the appli- craft, and unmanned aerial systems; the hir- under this section for an unlawful or fraudu- cation for status under this title, the court ing of additional U.S. Customs and Border lent purpose; or shall— Protection Officers; port of entry improve- (C) was absent from the United States at (i) limit the relief to the minimum nec- ment; and border access roads along the any time without authorization after being essary to correct the violation of law; Southern land border, of which— granted contingent nonimmigrant status. (ii) adopt the least intrusive means to cor- (1) $2,500,000,000 shall be available for fiscal (2) ADDITIONAL EVIDENCE.—In determining rect the violation of law; year 2018, and shall remain available until whether to revoke an alien’s status under (iii) minimize, to the greatest extent prac- September 30, 2022, and of the amount avail- paragraph (1), the Secretary may require the ticable, the adverse impact on national secu- able under this paragraph— alien— rity, border security, immigration adminis- (A) $784,000,000 shall be available for 32 (A) to submit additional evidence; or tration and enforcement, and public safety; miles of border bollard fencing in the Rio (B) to appear for an in-person interview. (iv) provide for the expiration of the relief Grande Valley Sector, Texas; (3) INVALIDATION OF DOCUMENTATION.—If an on a specific date, which allows for the min- (B) $498,000,000 shall be available for 28 alien’s contingent nonimmigrant status is imum practical time needed to remedy the miles of a bollard levee in the Rio Grande revoked under paragraph (1), any documenta- violation; and Valley Sector, Texas; tion issued by the Secretary to such alien (v) limit the relief to the case at issue and (C) $251,000,000 shall be available for 14 under this section shall automatically be shall not extend any prospective relief to in- miles of secondary fencing in the San Diego rendered invalid for any purpose except for clude any other application for status under Sector, California; and departure from the United States. this title pending before the Secretary or in (D) $38,239,000 shall be available for plan- a Federal court (whether in the same or an- ning activities related to physical barrier SEC. 4103. ADMINISTRATIVE AND JUDICIAL RE- construction along the Southwest border; VIEW. other jurisdiction). (2) $2,500,000,000 shall not be available for (a) EXCLUSIVE ADMINISTRATIVE REVIEW.— SEC. 4104. PENALTIES AND SIGNATURE REQUIRE- MENTS. obligation or commitment until October 1, Administrative review of a determination of 2018, to remain available until September 30, (a) PENALTIES FOR FALSE STATEMENTS IN an application for status, extension of sta- 2023, and of the amount available under this APPLICATIONS.—Whoever files an initial or tus, or revocation of status under this title paragraph $1,600,000,000 shall be available for shall be conducted solely in accordance with renewal application for contingent non- immigrant status under this title and know- the construction of physical barriers; this section. (3) $2,500,000,000 shall not be available for (b) ADMINISTRATIVE APPELLATE REVIEW.— ingly and willfully falsifies, misrepresents, conceals, or covers up a material fact or obligation or commitment until October 1, (1) ESTABLISHMENT OF ADMINISTRATIVE AP- 2019, to remain available until September 30, makes any false, fictitious, or fraudulent PELLATE AUTHORITY.—The Secretary shall es- 2024, and of the amount available under this statements or representations, or makes or tablish or designate an appellate authority paragraph $1,842,000,000 shall be available for uses any false writing or document knowing to provide for a single level of administra- the construction of physical barriers; the same to contain any false, fictitious, or tive appellate review of a determination (4) $2,500,000,000 shall not be available for fraudulent statement or entry, shall be fined with respect to applications for status, ex- obligation or commitment until October 1, in accordance with title 18, United States tension of status, or revocation of status 2020, to remain available until September 30, Code, or imprisoned not more than 5 years, under this title. 2025, and of the amount available under this or both. (2) SINGLE APPEAL FOR EACH ADMINISTRA- paragraph $2,019,000,000 shall be available for (b) SIGNATURE REQUIREMENTS.—An appli- TIVE DECISION.— the construction of physical barriers; cant under this title shall sign their applica- (A) IN GENERAL.—An alien in the United (5) $2,500,000,000 shall not be available for tion, and the signature shall be an original States whose application for status under obligation or commitment until October 1, signature. A parent or legal guardian may this title has been denied or revoked may 2021, to remain available until September 30, sign for a child or for an applicant whose file with the Secretary not more than 1 ap- 2026, and of the amount available under this peal, pursuant to this subsection, of each de- physical or developmental disability or men- paragraph $1,237,000,000 shall be available for cision to deny or revoke such status. tal impairment prevents the applicant from the construction of physical barriers; (B) NOTICE OF APPEAL.—A notice of appeal being competent to sign. In such a case, the (6) $2,500,000,000 shall not be available for filed under this subparagraph shall be filed filing shall include evidence of parentage or obligation or commitment until October 1, not later than 30 calendar days after the date legal guardianship. 2022, to remain available until September 30, of service of the decision of denial or revoca- SEC. 4105. RULEMAKING. 2027, and of the amount available under this tion. Not later than 1 year after the date of the paragraph $1,745,000,000 shall be available for (3) RECORD FOR REVIEW.—Administrative enactment of this Act, the Secretary shall the construction of physical barriers; appellate review under this subsection shall issue interim final regulations to implement (7) $2,500,000,000 shall not be available for be de novo and based only on— this title, which shall take effect imme- obligation or commitment until October 1, (A) the administrative record established diately upon publication in the Federal Reg- 2023, to remain available until September 30, at the time of the determination on the ap- ister. 2028, and of the amount available under this plication; and SEC. 4106. STATUTORY CONSTRUCTION. paragraph $1,746,000,000 shall be available for (B) any additional newly discovered or pre- Except as specifically provided, nothing in the construction of physical barriers; viously unavailable evidence. this title may be construed to create any (8) $2,500,000,000 shall not be available for (c) JUDICIAL REVIEW.— substantive or procedural right or benefit obligation or commitment until October 1,

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2024, to remain available until September 30, of landowners that will be impacted by the (2) SENATE PAYGO SCORECARDS.—The budg- 2029, and of the amount available under this construction of such physical barriers; and etary effects of this Act shall not be entered paragraph $1,776,000,000 shall be available for (C) other factors critical to the decision- on any PAYGO scorecard maintained for the construction of physical barriers; making process; purposes of section 4106 of H.Con.Res. 71 (9) $2,500,000,000 shall not be available for (7) identifies staffing requirements, includ- (115th Congress). obligation or commitment until October 1, ing full-time equivalents, contractors, and Subtitle B—Improving Border Safety and 2025, to remain available until September 30, detailed personnel, by activity; Security 2030, and of the amount available under this (8) identifies performance metrics for as- SEC. 111. BORDER ACCESS ROADS. paragraph $1,746,000,000 shall be available for sessing and reporting on the contributions of (a) CONSTRUCTION.— the construction of physical barriers; and border security capabilities realized from (1) IN GENERAL.—The Secretary of Home- (10) $2,500,000,000 shall not be available for current and future investments; land Security shall construct roads along the obligation or commitment until October 1, (9) reports on the status of the Department Southern land border of the United States to 2026, to remain available until September 30, of Homeland Security’s actions to address facilitate safe and swift access for U.S. Cus- 2031, and of the amount available under this open recommendations by the Office of In- toms and Border Protection personnel to ac- paragraph $1,717,000,000 shall be available for spector General and the Government Ac- cess the border for purposes of patrol and ap- the construction of physical barriers. countability Office related to border secu- prehension. (b) LIMITATION.—Amounts appropriated rity, including plans, schedules, and associ- (2) TYPES OF ROADS.—The roads con- under subsection (a) for fiscal years 2018 and ated milestones for fully addressing such structed under paragraph (1) shall include— 2019, the construction of physical barriers recommendations; and shall only be available for operationally ef- (A) access roads; (10) includes certifications by the Under (B) border roads; fective designs deployed as of the date of the Secretary for Management, including all enactment of the Consolidated Appropria- (C) patrol roads; and documents, memoranda, and a description of (D) Federal, State, local, and privately- tions Act, 2017 (Public Law 115–31), such as the investment review and information tech- currently deployed steel bollard designs, owned roads. nology management oversight and processes (b) MAINTENANCE.—The Secretary of Home- that prioritize agent safety. supporting such certifications, that— (c) ANNUAL REPORTS.—Not later than 180 land Security, in partnership with local (A) the program has been reviewed and ap- days after the date of the enactment of this stakeholders, shall maintain roads used for proved in accordance with an acquisition re- Act, and annually thereafter, the Secretary patrol and apprehension. view management process that complies of Homeland Security shall submit a report, (c) POLICY GUIDANCE.—The Secretary of for which a full evaluation has been com- with capital planning and investment con- Homeland Security shall— pleted by the Government Accountability Of- trol and review requirements established by (1) develop such policies and guidance for fice to determine its strengths and weak- the Office of Management and Budget, in- documenting agreements with landowners nesses, to the Committee on Appropriations cluding as provided in Circular A–11, part 7; relating to the construction of roads under of the Senate, the Committee on Homeland and subsection (a) as the Secretary determines to Security and Governmental Affairs of the (B) all planned activities comply with Fed- be necessary; Senate, and the Committee on Appropria- eral acquisition rules, requirements, guide- (2) share the policies and guidance devel- tions of the House of Representatives, that— lines, and practices. oped under paragraph (1) with each Border (1) defines goals, objectives, activities, and (d) GOVERNMENT ACCOUNTABILITY OFFICE Patrol Sector of U.S. Customs and Border milestones; EVALUATION.—Not later than 180 days after Protection; (2) includes a detailed implementation the date on which the Secretary of Homeland (3) document and communicate the process schedule with estimates for the planned obli- Security submits the report described in sub- and criteria for prioritizing funding for oper- gation of funds for fiscal year 2019 through section (c), the Comptroller General of the ational roads not owned by the Federal Gov- fiscal year 2023 that are linked to the mile- United States shall complete the evaluation ernment; and stone based delivery of specific— required under such subsection. (4) assess the feasibility of options for ad- (e) TRANSFER AUTHORITY.—The Committee (A) capabilities and services; dressing the maintenance of non-Federal on Appropriations of the Senate and the (B) mission benefits and outcomes; public roads, including any data needs relat- Committee on Appropriations of the House (C) program management capabilities; and ing to such maintenance. of Representatives may provide for the (D) lifecycle cost estimates; SEC. 112. FLEXIBILITY IN EMPLOYMENT AU- transfer of amounts made available in sub- (3) describes how specific projects under THORITIES. section (a) for each fiscal year to eligible ac- the plan will enhance border security goals (a) IN GENERAL.—Chapter 97 of title 5, tivities under this section. and objectives and address the highest pri- United States Code, is amended by adding at (f) RESCISSION.—Notwithstanding any the end the following: ority border security needs; other provision of law, any amounts appro- (4) identifies the planned locations, quan- priated under subsection (a) that remain ‘‘§ 9702. U.S. Customs and Border Protection tities, and types of resources, such as fenc- available after the completion of the con- employment authorities ing, other physical barriers, or other tactical struction projects described in the reports ‘‘(a) DEFINITIONS.—In this section— infrastructure and technology and a com- required under subsection (c) shall be re- ‘‘(1) the term ‘CBP employee’ means an prehensive plan to consult State and local scinded and returned to the general fund of employee of U.S. Customs and Border Pro- elected officials on the eminent domain and the Treasury. tection; construction process relating to such phys- (g) PROHIBITION.—Notwithstanding any ‘‘(2) the term ‘Commissioner’ means the ical barriers; other provision of law, and except for the ac- Commissioner of U.S. Customs and Border (5) provides, after consultation with the tivities described under subsection (a), none Protection; Secretary of the Interior and the Adminis- of the amounts appropriated under this sec- ‘‘(3) the term ‘Director’ means the Director trator of the Environmental Protection tion may be reprogrammed or transferred for of the Office of Personnel Management; Agency, a comprehensive analysis of the en- any other component or activity within the ‘‘(4) the term ‘rural or remote area’ means vironmental impacts of the construction and Department of Homeland Security. an area within the United States that is not placement of such physical barriers along (h) BUDGET REQUEST.—An expenditure plan within an area defined and designated as an the Southwest border, including barriers in for amounts made available pursuant to this urbanized area by the Bureau of the Census the Santa Ana National Wildlife Refuge; section— during the most recently completed decen- (6) includes a description of the method- (1) shall be included in each budget for a nial census; and ology and analyses used to select specific re- fiscal year submitted by the President under ‘‘(5) the term ‘Secretary’ means the Sec- sources for deployment to particular loca- section 1105 of title 31, United States Code; retary of Homeland Security. tions that includes— and ‘‘(b) DEMONSTRATION OF RECRUITMENT AND (A) a thorough analysis and comparison of (2) shall describe planned obligations by RETENTION DIFFICULTIES IN RURAL OR RE- alternatives to a physical barrier to deter- program, project, and activity in the receiv- MOTE AREAS.— mine the most cost effective security solu- ing account at the same level of detail pro- ‘‘(1) IN GENERAL.—For purposes of sub- tion, including— vided for in the request for other appropria- sections (c) and (d), the Secretary shall de- (i) underground sensors; tions in that account. termine, for a rural or remote area, whether (ii) infrared or other day or night cameras; (i) RULE OF CONSTRUCTION.—Nothing in this there is— (iii) tethered or mobile aerostats; section shall be construed as limiting the ‘‘(A) a critical hiring need in the area; and (iv) drones or other airborne assets; availability of funds made available in any ‘‘(B) a direct relationship between— (v) integrated fixed towers; and other Act for carrying out the purposes de- ‘‘(i) the rural or remote nature of the area; (vi) the deployment of additional border scribed in subsection (a). and personnel; (j) BUDGETARY EFFECTS.— ‘‘(ii) difficulty in the recruitment and re- (B) effects on communities and property (1) IN GENERAL.—The budgetary effects of tention of CBP employees in the area. owners near areas of infrastructure deploy- this Act shall not be entered on either ‘‘(2) FACTORS.—To inform the determina- ment, including all necessary land acquisi- PAYGO scorecard maintained pursuant to tion of a direct relationship under paragraph tions, the total number of necessary con- section 4(d) of the Statutory Pay-As-You-Go (1)(B), the Secretary may consider evi- demnation actions, and the precise number Act of 2010. dence—

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00149 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.022 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S1078 CONGRESSIONAL RECORD — SENATE February 14, 2018 ‘‘(A) that the Secretary— agreed-upon service period has been com- ‘‘(2) difficulty in the recruitment and re- ‘‘(i) is unable to efficiently and effectively pleted; and tention of CBP employees in the area. recruit individuals for positions as CBP em- ‘‘(bb) the effect of a termination described ‘‘(e) REGULAR CBP REVIEW.— ployees, which may be demonstrated with in item (aa). ‘‘(1) ENSURING FLEXIBILITIES MEET CBP various types of evidence, including— ‘‘(3) RETENTION BONUSES.—The Secretary NEEDS.—Each year, the Secretary shall re- ‘‘(I) evidence that multiple positions have may pay a retention bonus to a CBP em- view the use of hiring flexibilities under sub- been continuously vacant for significantly ployee (other than an individual described in sections (c) and (d) to fill positions at a loca- longer than the national average period for subsection (a)(2) of section 5754) if— tion in a rural or remote area to determine— which similar positions in U.S. Customs and ‘‘(A) the Secretary determines that— ‘‘(A) the impact of the use of those flexi- Border Protection are vacant; or ‘‘(i) a condition consistent with the condi- bilities on solving hiring and retention chal- ‘‘(II) recruitment studies that demonstrate tion described in subsection (b)(1) of such lenges at the location; the inability of the Secretary to efficiently section 5754 is satisfied with respect to the ‘‘(B) whether hiring and retention chal- and effectively recruit CBP employees for CBP employee (without regard to any other lenges still exist at the location; and positions in the area; or provision of that section); ‘‘(C) whether the Secretary needs to con- ‘‘(ii) experiences a consistent inability to ‘‘(ii) the CBP employee is employed in a tinue to use those flexibilities at the loca- retain CBP employees that negatively im- rural or remote area for which the Secretary tion. pacts agency operations at a local or re- has identified a direct relationship under ‘‘(2) CONSIDERATION.—In conducting the re- gional level; or subsection (b)(1)(B) of this section between— view under paragraph (1), the Secretary shall ‘‘(B) of any other inability, directly related ‘‘(I) the rural or remote nature of the area; consider— to recruitment or retention difficulties, that and ‘‘(A) whether any CBP employee accepted the Secretary determines sufficient. ‘‘(II) difficulty in the recruitment and re- an employment incentive under subsection ‘‘(c) DIRECT HIRE AUTHORITY; RECRUITMENT tention of CBP employees in the area; and (c) or (d) and then transferred to a new loca- AND RELOCATION BONUSES; RETENTION BO- ‘‘(iii) in the absence of a retention bonus, tion or left U.S. Customs and Border Protec- NUSES.— the CBP employee would be likely to leave— tion; and ‘‘(1) DIRECT HIRE AUTHORITY.— ‘‘(I) the Federal service; or ‘‘(B) the length of time that each employee ‘‘(A) IN GENERAL.—The Secretary may ap- ‘‘(II) for a different position in the Federal point, without regard to any provision of identified under subparagraph (A) stayed at service, including a position in another agen- sections 3309 through 3319, candidates to po- the original location before transferring to a cy or component of the Department of Home- sitions in the competitive service as CBP new location or leaving U.S. Customs and land Security; and employees, in a rural or remote area, if the Border Protection. ‘‘(B) the individual enters into a written Secretary— ‘‘(3) DISTRIBUTION.—The Secretary shall service agreement with the Secretary— ‘‘(i) determines that— submit to Congress a report on each review ‘‘(i) under which the individual is required ‘‘(I) there is a critical hiring need; and required under paragraph (1). to complete a period of employment as a ‘‘(II) there exists a severe shortage of ‘‘(f) IMPROVING CBP HIRING AND RETEN- CBP employee of not less than 2 years; and qualified candidates because of the direct re- TION.— ‘‘(ii) that includes— lationship identified by the Secretary under ‘‘(1) EDUCATION OF CBP HIRING OFFICIALS.— subsection (b)(1)(B) of this section between— ‘‘(I) the commencement and termination Not later than 180 days after the date of the ‘‘(aa) the rural or remote nature of the dates of the required service period (or provi- enactment of the this section, and in con- area; and sions for the determination thereof); junction with the Chief Human Capital Offi- ‘‘(bb) difficulty in the recruitment and re- ‘‘(II) the amount of the bonus; and cer of the Department of Homeland Security, tention of CBP employees in the area; and ‘‘(III) other terms and conditions under the Secretary shall develop and implement a ‘‘(ii) has given public notice for the posi- which the bonus is payable, subject to the re- strategy to improve education regarding hir- tions. quirements of this subsection, including— ing and human resources flexibilities (in- ‘‘(B) PRIORITIZATION OF HIRING VETERANS.— ‘‘(aa) the conditions under which the cluding hiring and human resources flexibili- If the Secretary uses the direct hiring au- agreement may be terminated before the ties for locations in rural or remote areas) thority under subparagraph (A), the Sec- agreed-upon service period has been com- for all employees, serving in agency head- retary shall apply the principles of pref- pleted; and quarters or field offices, who are involved in erence for the hiring of veterans established ‘‘(bb) the effect of a termination described the recruitment, hiring, assessment, or se- under subchapter I of chapter 33. in item (aa). lection of candidates for locations in a rural ‘‘(2) RECRUITMENT AND RELOCATION BO- ‘‘(4) RULES FOR BONUSES.— or remote area, as well as the retention of NUSES.—The Secretary may pay a bonus to ‘‘(A) MAXIMUM BONUS.—A bonus paid to an current employees. an individual (other than an individual de- employee under— ‘‘(2) ELEMENTS.—Elements of the strategy scribed in subsection (a)(2) of section 5753) ‘‘(i) paragraph (2) may not exceed 100 per- under paragraph (1) shall include the fol- if— cent of the annual rate of basic pay of the lowing: ‘‘(A) the Secretary determines that— employee as of the commencement date of ‘‘(A) Developing or updating training and ‘‘(i) conditions consistent with the condi- the applicable service period; and educational materials on hiring and human tions described in paragraphs (1) and (2) of ‘‘(ii) paragraph (3) may not exceed 50 per- resources flexibilities for employees who are subsection (b) of such section 5753 are satis- cent of the annual rate of basic pay of the involved in the recruitment, hiring, assess- fied with respect to the individual (without employee as of the commencement date of ment, or selection of candidates, as well as regard to any other provision of that sec- the applicable service period. the retention of current employees. tion); and ‘‘(B) RELATION TO BASIC PAY.—A bonus paid ‘‘(B) Regular training sessions for per- ‘‘(ii) the position to which the individual is to an employee under paragraph (2) or (3) sonnel who are critical to filling open posi- appointed or to which the individual moves shall not be considered part of the basic pay tions in rural or remote areas. or must relocate— of the employee for any purpose. ‘‘(C) The development of pilot programs or ‘‘(I) is a position as a CBP employee; and ‘‘(5) OPM OVERSIGHT.—The Director shall, other programs, as appropriate, to address ‘‘(II) is in a rural or remote area for which to the extent practicable— identified hiring challenges in rural or re- the Secretary has identified a direct rela- ‘‘(A) set aside a determination of the Sec- mote areas. tionship under subsection (b)(1)(B) of this retary under this subsection if the Director ‘‘(D) Developing and enhancing strategic section between— finds substantial evidence that the Secretary recruiting efforts through relationships with ‘‘(aa) the rural or remote nature of the abused the discretion of the Secretary in institutions of higher education, as defined area; and making the determination; and in section 102 of the Higher Education Act of ‘‘(bb) difficulty in the recruitment and re- ‘‘(B) oversee the compliance of the Sec- 1965 (20 U.S.C. 1002), veterans transition and tention of CBP employees in the area; and retary with this subsection. employment centers, and job placement pro- ‘‘(B) the individual enters into a written ‘‘(d) SPECIAL PAY AUTHORITY.—In addition gram in regions that could assist in filling service agreement with the Secretary— to the circumstances described in subsection positions in rural or remote areas. ‘‘(i) under which the individual is required (b) of section 5305, the Director may estab- ‘‘(E) Examination of existing agency pro- to complete a period of employment as a lish special rates of pay in accordance with grams on how to most effectively aid spouses CBP employee of not less than 2 years; and that section if the Director finds that the re- and families of individuals who are can- ‘‘(ii) that includes— cruitment or retention efforts of the Sec- didates or new hires in a rural or remote ‘‘(I) the commencement and termination retary with respect to positions for CBP em- area. dates of the required service period (or provi- ployees in 1 or more areas or locations are, ‘‘(F) Feedback from individuals who are sions for the determination thereof); or are likely to become, significantly handi- candidates or new hires at locations in a ‘‘(II) the amount of the bonus; and capped because the positions are located in a rural or remote area, including feedback on ‘‘(III) other terms and conditions under rural or remote area for which the Secretary the quality of life in rural or remote areas which the bonus is payable, subject to the re- has identified a direct relationship under for new hires and their families. quirements of this subsection, including— subsection (b)(1)(B) of this section between— ‘‘(G) Feedback from CBP employees, other ‘‘(aa) the conditions under which the ‘‘(1) the rural or remote nature of the area; than new hires, who are stationed at loca- agreement may be terminated before the and tions in a rural or remote area, including

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feedback on the quality of life in rural or re- emergency response personnel that a person (d) ANNUAL INCREASES IN BOARD OF IMMI- mote areas for those CBP employees and at that location is in distress; GRATION APPEALS PERSONNEL.—The Attorney their families. (B) include a self-powering cellular phone General shall increase the number of Board ‘‘(H) Evaluation of Department of Home- relay limited to 911 calls to allow persons in of Immigration Appeals staff attorneys (in- land Security internship programs and the distress in the area who are unable to get to cluding necessary additional support staff) usefulness of those programs in improving the beacon station to signal their location to efficiently process cases by at least— hiring by the Secretary in rural or remote and access emergency personnel; and (1) 23 attorneys during fiscal year 2018; areas. (C) be movable to allow U.S. Border Patrol (2) an additional 23 attorneys during fiscal ‘‘(3) EVALUATION.— to relocate them as needed— year 2019; and ‘‘(A) IN GENERAL.—Each year, the Sec- (i) to mitigate migrant deaths; (3) an additional 23 attorneys during fiscal retary shall — (ii) to facilitate access to emergency per- year 2020. ‘‘(i) evaluate the extent to which the strat- sonnel; and (e) GAO REPORT.—The Comptroller Gen- egy developed and implemented under para- (iii) to address any use of the beacons for eral of the United States shall— graph (1) has improved the hiring and reten- diversion by criminals. (1) conduct a study of the hurdles to effi- cient hiring of immigration court judges tion ability of the Secretary; and SEC. 114. SOUTHERN BORDER REGION EMER- ‘‘(ii) make any appropriate updates to the GENCY COMMUNICATIONS GRANTS. within the Department of Justice; and (2) propose solutions to Congress for im- strategy under paragraph (1). (a) IN GENERAL.—The Secretary of Home- proving the efficiency of the hiring process. ‘‘(B) INFORMATION.—The evaluation con- land Security, in consultation with the gov- (f) IMMIGRATION JUDGE DEFINITION.—Sec- ducted under subparagraph (A) shall in- ernors of the States located on the inter- tion 101(b)(4) of the Immigration and Nation- clude— national border between the United States ality Act (8 U.S.C. 1101(b)(4)) is amended to ‘‘(i) any reduction in the time taken by the and Mexico, shall establish a 2-year grant read as follows: Secretary to fill mission-critical positions in program to improve emergency communica- ‘‘(4) The term ‘immigration judge’ means rural or remote areas; tions in the Southern border region. an attorney whom the Attorney General ap- LIGIBILITY FOR GRANTS.—An individual ‘‘(ii) a general assessment of the impact of (b) E points as an administrative judge within the the strategy implemented under paragraph is eligible for a grant under this section if Executive Office for Immigration Review, (1) on hiring challenges in rural or remote the individual demonstrates that he or she— qualified to conduct specified classes of pro- areas; and (1) regularly resides or works in a State ceedings, including a hearing under section ‘‘(iii) other information the Secretary de- that shares a land border with Mexico; and 240. The position shall be deemed to be judi- termines relevant. (2) is at greater risk of border violence due cial in nature and not an attorney position. ‘‘(g) INSPECTOR GENERAL REVIEW.—Not to a lack of cellular and LTE network serv- An Immigration Judge shall not be subject later than 2 years after the date of the enact- ice at the individual’s residence or business to any code of attorney behavior conduct or ment of the this section, the Inspector Gen- and the individual’s proximity to the South- actions taken while performing duties as an eral of the Department of Homeland Secu- ern border. Immigration Judge. Actions taken by an Im- rity shall review the use of hiring flexibili- (c) USE OF GRANTS.—Grants awarded under migration Judge shall be reviewed only ties by the Secretary under subsections (c) this section may be used to purchase sat- under rules and standards pertaining to judi- and (d) to determine whether the use of ellite telephone communications systems cial conduct. An Immigration Judge shall those flexibilities is helping the Secretary and services that— not be disciplined for actions or decisions meet hiring and retention needs in rural and (1) can provide access to 9–1–1 service; and made in good faith while in the course of per- remote areas. (2) are equipped with receivers for the forming the duties of an Immigration ‘‘(h) EXERCISE OF AUTHORITY.— Global Positioning System. Judge.’’. UTHORIZATION OF PPROPRIATIONS ‘‘(1) SOLE DISCRETION.—The exercise of au- (d) A A .— SEC. 122. IMPROVED TRAINING FOR IMMIGRA- thority under subsection (c) shall be subject There are authorized to be appropriated to TION JUDGES AND MEMBERS OF to the sole and exclusive discretion of the the Secretary of Homeland Security such THE BOARD OF IMMIGRATION AP- Secretary (or the Commissioner, as applica- sums as may be necessary to carry out this PEALS. ble under paragraph (2) of this subsection), section. (a) IN GENERAL.—To ensure efficient and notwithstanding chapter 71. SEC. 115. OFFICE OF PROFESSIONAL RESPONSI- fair proceedings, the Director of the Execu- ‘‘(2) DELEGATION.— BILITY. tive Office for Immigration Review shall fa- ‘‘(A) IN GENERAL.—Subject to subparagraph Not later than September 30, 2021, the cilitate robust training programs for immi- (B), the Secretary may delegate any author- Commissioner of U.S. Customs and Border gration judges and members of the Board of ity under this section to the Commissioner. Protection shall hire, train, and assign suffi- Immigration Appeals. ‘‘(B) OVERSIGHT.—The Commissioner may cient special agents at the Office of Profes- (b) MANDATORY TRAINING.—Training facili- not make a determination under subsection sional Responsibility to maintain an active tated under subsection (a) shall include— (b)(1) unless the Secretary approves the de- duty presence of not fewer than 550 full-time (1) an expansion of the training program termination. equivalent special agents. for new immigration judges and Board mem- bers; ‘‘(i) RULE OF CONSTRUCTION.—Nothing in Subtitle C—Additional Matters this section shall be construed to exempt the (2) continuing education regarding current SEC. 121. ELIMINATE IMMIGRATION COURT developments in immigration law through Secretary or the Director from the applica- BACKLOGS. bility of the merit system principles under regularly available training resources and an (a) ANNUAL INCREASES IN IMMIGRATION section 2301. annual conference; JUDGES.—The Attorney General of the ‘‘(j) SUNSET.—The authorities under sub- (3) methods to ensure that immigration United States shall increase the total num- sections (c) and (d) shall terminate on the judges are trained on properly crafting and ber of immigration judges to adjudicate date that is 5 years after the date of the en- dictating decisions and standards of review, pending cases and efficiently process future actment of this section.’’. including improved on-bench reference mate- cases by at least— (b) TECHNICAL AND CONFORMING AMEND- rials and decision templates; (1) 55 judges during fiscal year 2018; MENT.—The table of sections for chapter 97 of (4) specialized training to handle cases in- (2) an additional 55 judges during fiscal title 5, United States Code, is amended by volving other vulnerable populations includ- year 2019; and adding at the end the following: ing survivors of domestic violence, sexual as- (3) an additional 55 judges during fiscal sault, trafficking, and individuals with men- ‘‘9702. U.S. Customs and Border Protection year 2020. tal disabilities in partnership with the Na- employment authorities.’’. (b) QUALIFICATIONS OF IMMIGRATION tional Council of Juvenile and Family Court SEC. 113. DISTRESS BEACONS. JUDGES.—The Attorney General shall ensure Judges; and (1) IN GENERAL.—The Commissioner of U.S. that all newly hired immigration judges are (5) specialized training in child inter- Customs and Border Protection, working highly qualified and trained to conduct fair, viewing, child , and child trauma through U.S. Border Patrol, shall— impartial hearings consistent with due proc- in partnership with the National Council of (A) identify areas near the international ess and that all newly hired immigration Juvenile and Family Court Judges for Immi- border between the United States and Can- judges represent a diverse pool of individuals gration Judges. ada or the international border between the that includes a balance of individuals with SEC. 123. NEW TECHNOLOGY TO IMPROVE COURT United States and Mexico where migrant nongovernmental, private bar, or academic EFFICIENCY. deaths are occurring due to climatic and en- experience in addition to government experi- The Director of the Executive Office for vironmental conditions; and ence. Immigration Review shall modernize its case (B) deploy up to 1,000 beacon stations in (c) NECESSARY SUPPORT STAFF FOR IMMI- management and related electronic systems, the areas identified pursuant to subpara- GRATION JUDGES.—To address the shortage of including allowing for electronic filing, to graph (A). support staff for immigration judges, the At- improve efficiency in the processing of immi- (2) FEATURES.—Beacon stations deployed torney General shall ensure that each immi- gration proceedings. pursuant to paragraph (1) should— gration judge has sufficient support staff, SEC. 124. PERMANENT REAUTHORIZATION OF E- (A) include a self-powering mechanism, adequate technological and security re- VERIFY. such as a solar-powered radio button, to sig- sources, and appropriate courtroom facili- Section 401(b) of the Illegal Immigration nal U.S. Border Patrol personnel or other ties. Reform and Immigrant Responsibility Act of

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00151 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.022 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S1080 CONGRESSIONAL RECORD — SENATE February 14, 2018 1996 (division C of Public Law 104–208; 8 State or local offense for which an essential ploma examination, or other similar State- U.S.C. 1324a note) is amended by striking element was the alien’s immigration status) authorized exam; or ‘‘Unless the Congress otherwise provides, the for which the maximum term of imprison- (iv)(I) has served, is serving, or has enlisted Secretary of Homeland Security shall termi- ment is greater than 5 days and not greater in the Armed Forces; and nate a pilot program on September 30, 2015.’’. than 1 year that— (II) in the case of an alien who has been TITLE II—EARNED CITIZENSHIP FOR (A) regardless of the sentence imposed, is a discharged from the Armed Forces, has re- CHILDHOOD ARRIVALS crime of domestic violence (as defined in sec- ceived an honorable discharge; and SEC. 201. DEFINITIONS. tion 237(a)(2)(E)(i) of the Immigration and (E)(i) the alien has paid any applicable In this subtitle: Nationality Act (8 U.S.C. 1227(a)(2)(E)(i)) or Federal tax liability incurred by the alien (1) IN GENERAL.—Except as otherwise spe- an offense of sexual abuse or exploitation, during the entire period for which the alien cifically provided, any term used in this sub- burglary, unlawful possession or use of a was a DACA recipient; or title that is used in the immigration laws firearm, drug distribution or trafficking, or (ii) the alien has entered into an agree- shall have the meaning given the term in the driving under the influence if the State law ment to pay any applicable Federal tax li- immigration laws. requires, as an element of the offense, the ability incurred by the alien during the en- tire period for which the alien was a DACA (2) APPLICABLE FEDERAL TAX LIABILITY.— operation of a motor vehicle and a finding of The term ‘‘applicable Federal tax liability’’ impairment or a blood alcohol content of .08 recipient through a payment installment plan approved by the Commissioner of Inter- means liability for Federal taxes imposed or higher; or nal Revenue. under the Internal Revenue Code of 1986, in- (B) resulted in a sentence of time in cus- (2) WAIVER.— cluding any penalties and interest on taxes tody of more than 90 days, excluding an of- (A) IN GENERAL.—With respect to any ben- imposed under the Internal Revenue Code of fense for which the sentence was suspended. efit under this subtitle, the Secretary may, 1986. (15) UNIFORMED SERVICES.—The term ‘‘Uni- on a case-by-case basis, waive the grounds of (3) DACA.—The term ‘‘DACA’’ means de- formed Services’’ has the meaning given the inadmissibility under paragraph (2), (6)(E), ferred action granted to an alien pursuant to term ‘‘uniformed services’’ in section 101(a) (6)(G), or (10)(D) of section 212(a) of the Im- the Deferred Action for Childhood Arrivals of title 10, United States Code. migration and Nationality Act (8 U.S.C. program announced by President Obama on SEC. 202. PERMANENT RESIDENT STATUS ON A 1182(a))— June 15, 2012. CONDITIONAL BASIS FOR CERTAIN LONG-TERM RESIDENTS WHO EN- (i) for humanitarian purposes; or (4) DISABILITY.—The term ‘‘disability’’ has TERED THE UNITED STATES AS (ii) if the waiver is otherwise in the public the meaning given the term in section 3(1) of CHILDREN. interest. the Americans with Disabilities Act of 1990 (a) CONDITIONAL BASIS FOR STATUS.—Not- (B) QUARTERLY REPORTS.—Not later than (42 U.S.C. 12102(1)). withstanding any other provision of law, an 180 days after the date of enactment of this (5) EARLY CHILDHOOD EDUCATION PRO- alien who obtains the status of an alien law- Act, and quarterly thereafter, the Secretary GRAM.—The term ‘‘early childhood education fully admitted for permanent residence shall submit to Congress a report that in- program’’ has the meaning given the term in under this section shall be considered to cludes, for the preceding quarter— section 103 of the Higher Education Act of have obtained that status on a conditional (i) the number of requests submitted by 1965 (20 U.S.C. 1003). basis as of the date on which the alien ob- aliens for a waiver under subparagraph (A); (6) ELEMENTARY SCHOOL; HIGH SCHOOL; SEC- tained the status, subject to this subtitle. (ii) the number of waivers granted under ONDARY SCHOOL.—The terms ‘‘elementary (b) REQUIREMENTS.— that subparagraph; and school’’, ‘‘high school’’, and ‘‘secondary (1) IN GENERAL.—Notwithstanding any (iii) the number of requests for a waiver school’’ have the meanings given the terms other provision of law, the Secretary shall under that subparagraph denied by the Sec- in section 8101 of the Elementary and Sec- cancel the removal of, and adjust to the sta- retary. ondary Education Act of 1965 (20 U.S.C. 7801). tus of an alien lawfully admitted for perma- (3) TREATMENT OF EXPUNGED CONVICTIONS.— (7) FELONY.—The term ‘‘felony’’ means a nent residence on a conditional basis, an (A) IN GENERAL.—An expunged conviction Federal, State, or local criminal offense (ex- alien who is inadmissible or deportable from shall not automatically be treated as a con- cluding a State or local offense for which an the United States or is in temporary pro- viction referred to in paragraph (1)(C)(iii). essential element was the alien’s immigra- tected status under section 244 of the Immi- (B) CASE-BY-CASE EVALUATION.—The Sec- tion status) punishable by imprisonment for gration and Nationality Act (8 U.S.C. 1254a), retary shall evaluate an expunged conviction a term exceeding 1 year. if— on a case-by-case basis according to the na- (8) IMMIGRATION LAWS.—The term ‘‘immi- (A) the alien has been continuously phys- ture and severity of the offense underlying gration laws’’ has the meaning given the ically present in the United States since the expunged conviction, based on the record term in section 101(a)(17) of the Immigration June 15, 2012; of conviction, to determine whether, under and Nationality Act (8 U.S.C. 1101(a)(17)). (B) the alien was younger than 18 years of the particular circumstances, the alien is el- (9) INSTITUTION OF HIGHER EDUCATION.—The age on the date on which the alien initially igible for cancellation of removal, adjust- term ‘‘institution of higher education’’— entered the United States; ment to permanent resident status on a con- (A) except as provided in subparagraph (B), (C) subject to paragraphs (2) and (3), the ditional basis, or other adjustment of status. has the meaning given the term in section alien— (4) DACA RECIPIENTS.—With respect to an 102 of the Higher Education Act of 1965 (20 (i) is not inadmissible under paragraph (2), alien granted DACA, the Secretary shall can- U.S.C. 1002); and (3), (6)(E), (6)(G), (8), (10)(A), (10)(C), or (10)(D) cel the removal of the alien and adjust the (B) does not include an institution of high- of section 212(a) of the Immigration and Na- status of the alien to the status of an alien er education outside of the United States. tionality Act (8 U.S.C. 1182(a)); lawfully admitted for permanent residence (10) MISDEMEANOR.— (ii) has not ordered, incited, assisted, or on a conditional basis unless, since the date (A) IN GENERAL.—The term ‘‘misdemeanor’’ otherwise participated in the persecution of on which the alien was granted DACA, the means a Federal, State, or local criminal of- any person on account of race, religion, na- alien has engaged in conduct that would fense (excluding a State or local offense for tionality, membership in a particular social render an alien ineligible for DACA. which an essential element is the alien’s im- group, or political opinion; and (5) APPLICATION FEE.— migration status, a significant misdemeanor, (iii) has not been convicted of— (A) IN GENERAL.—The Secretary may re- and a minor traffic offense) for which— (I) a felony; quire an alien applying for permanent resi- (i) the maximum term of imprisonment is (II) a significant misdemeanor; or dent status on a conditional basis to pay a greater than 5 days and not greater than 1 (III) 3 or more misdemeanors— reasonable fee that is commensurate with year; and (aa) not occurring on the same date; and the cost of processing the application. (ii) the individual was sentenced to time in (bb) not arising out of the same act, omis- (B) EXEMPTION.—An applicant may be ex- custody of 90 days or less. sion, or scheme of misconduct; empted from paying the fee required under (11) PERMANENT RESIDENT STATUS ON A CON- (D) the alien— subparagraph (A) only if the alien— DITIONAL BASIS.—The term ‘‘permanent resi- (i) has been admitted to an institution of (i)(I) is younger than 18 years of age; dent status on a conditional basis’’ means higher education; (II) received total income, during the 1- status as an alien lawfully admitted for per- (ii) has earned a high school diploma or a year period immediately preceding the date manent residence on a conditional basis commensurate alternative award from a pub- on which the alien files an application under under this subtitle. lic or private high school, or has obtained a this section, that is less than 150 percent of (12) POVERTY LINE.—The term ‘‘poverty general education development certificate the poverty line; and line’’ has the meaning given the term in sec- recognized under State law or a high school (III) is in foster care or otherwise lacking tion 673 of the Community Services Block equivalency diploma in the United States; any parental or other familial support; Grant Act (42 U.S.C. 9902). (iii) is enrolled in secondary school or in an (ii) is younger than 18 years of age and is (13) SECRETARY.—Except as otherwise spe- education program assisting students in— homeless; cifically provided, the term ‘‘Secretary’’ (I) obtaining a regular high school diploma (iii)(I) cannot care for himself or herself means the Secretary of Homeland Security. or the recognized equivalent of a regular because of a serious, chronic disability; and (14) SIGNIFICANT MISDEMEANOR.—The term high school diploma under State law; or (II) received total income, during the 1- ‘‘significant misdemeanor’’ means a Federal, (II) passing a general educational develop- year period immediately preceding the date State, or local criminal offense (excluding a ment exam, a high school equivalence di- on which the alien files an application under

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this section, that is less than 150 percent of (1) TERMINATION OF CONTINUOUS PERIOD.— (2) subject to termination under subsection the poverty line; or Any period of continuous physical presence (c). (iv)(I) during the 1-year period imme- in the United States of an alien who applies (b) NOTICE OF REQUIREMENTS.—At the time diately preceding the date on which the alien for permanent resident status on a condi- an alien obtains permanent resident status files an application under this section, accu- tional basis shall not terminate on the date on a conditional basis, the Secretary shall mulated $10,000 or more in debt as a result of on which the alien is served a notice to ap- provide notice to the alien regarding the pro- unreimbursed medical expenses incurred by pear under section 239(a) of the Immigration visions of this subtitle and the requirements the alien or an immediate family member of and Nationality Act (8 U.S.C. 1229(a)). to have the conditional basis of such status the alien; and (2) TREATMENT OF CERTAIN BREAKS IN PRES- removed. (II) received total income, during the 1- ENCE.— (c) TERMINATION OF STATUS.—The Sec- year period immediately preceding the date (A) IN GENERAL.—Except as provided in retary may terminate the permanent resi- on which the alien files an application under subparagraphs (B) and (C), an alien shall be dent status on a conditional basis of an alien this section, that is less than 150 percent of considered to have failed to maintain contin- only if the Secretary— the poverty line. uous physical presence in the United States (1) determines that the alien ceases to (6) SUBMISSION OF BIOMETRIC AND BIO- under subsection (b)(1)(A) if the alien has de- meet the requirements under paragraph GRAPHIC DATA.— parted from the United States for any period (1)(C) of section 203(b), subject to paragraphs (A) IN GENERAL.—The Secretary may not greater than 90 days or for any periods, in (2) and (3) of that section; and grant an alien permanent resident status on the aggregate, greater than 180 days. (2) prior to the termination, provides the a conditional basis unless the alien submits (B) EXTENSIONS FOR EXTENUATING CIR- alien— biometric and biographic data, in accordance CUMSTANCES.—The Secretary may extend the (A) notice of the proposed termination; and with procedures established by the Sec- time periods described in subparagraph (A) (B) the opportunity for a hearing to pro- retary. for an alien who demonstrates that the fail- vide evidence that the alien meets such re- (B) ALTERNATIVE PROCEDURE.—The Sec- ure to timely return to the United States quirements or otherwise contest the termi- retary shall provide an alternative procedure was due to extenuating circumstances be- nation. for any alien who is unable to provide the bi- yond the control of the alien, including the (d) RETURN TO PREVIOUS IMMIGRATION STA- ometric or biographic data referred to in serious illness of the alien, or death or seri- TUS.— subparagraph (A) due to a physical impair- ous illness of a parent, grandparent, sibling, (1) IN GENERAL.—Except as provided in ment. or child of the alien. paragraph (2), the immigration status of an (7) BACKGROUND CHECKS.— (C) TRAVEL AUTHORIZED BY THE SEC- alien whose permanent resident status on a (A) REQUIREMENT FOR BACKGROUND RETARY.—Any period of travel outside of the conditional basis expires under subsection CHECKS.—The Secretary shall use biometric, United States by an alien that was author- (a)(1) or is terminated under subsection (c) or biographic, and other data that the Sec- ized by the Secretary may not be counted to- whose application for permanent resident retary determines to be appropriate— ward any period of departure from the status on a conditional basis is denied shall (i) to conduct security and law enforce- United States under subparagraph (A). return to the immigration status of the alien ment background checks of an alien seeking (d) LIMITATION ON REMOVAL OF CERTAIN on the day before the date on which the alien permanent resident status on a conditional ALIENS.— received permanent resident status on a con- basis; and (1) IN GENERAL.—The Secretary or the At- ditional basis or applied for such status, as (ii) to determine whether there is any torney General may not remove an alien who appropriate. criminal, national security, or other factor appears prima facie eligible for relief under PECIAL RULE FOR TEMPORARY PRO- that would render the alien ineligible for (2) S this section. permanent resident status on a conditional TECTED STATUS.—An alien whose permanent (2) ALIENS SUBJECT TO REMOVAL.—With re- basis. resident status on a conditional basis expires spect to an alien who is in removal pro- under subsection (a)(1) or is terminated (B) COMPLETION OF BACKGROUND CHECKS.— The security and law enforcement back- ceedings, the subject of a final removal under subsection (c) or whose application for ground checks of an alien required under order, or the subject of a voluntary depar- permanent resident status on a conditional subparagraph (A) shall be completed, to the ture order, the Attorney General shall pro- basis is denied and who had temporary pro- satisfaction of the Secretary, before the date vide the alien with a reasonable opportunity tected status under section 244 of the Immi- on which the Secretary grants the alien per- to apply for relief under this section. gration and Nationality Act (8 U.S.C. 1254a) manent resident status on a conditional (3) CERTAIN ALIENS ENROLLED IN ELEMEN- immediately before receiving or applying for basis. TARY OR SECONDARY SCHOOL.— permanent resident status on a conditional (C) CRIMINAL RECORDS REQUESTS.—With re- (A) STAY OF REMOVAL.—The Attorney Gen- basis, as appropriate, may not return to tem- spect to an alien seeking permanent resident eral shall stay the removal proceedings of an porary protected status if— status on a conditional basis, the Secretary, alien who— (A) the relevant designation under section in cooperation with the Secretary of State, (i) meets all the requirements under sub- 244(b) of the Immigration and Nationality shall seek to obtain from INTERPOL, paragraphs (A), (B), and (C) of subsection Act (8 U.S.C. 1254a(b)) has been terminated; EUROPOL, or any other international or na- (b)(1), subject to paragraphs (2) and (3) of or tional law enforcement agency of the coun- that subsection; (B) the Secretary determines that the rea- try of nationality, country of citizenship, or (ii) is at least 5 years of age; and son for terminating the permanent resident country of last habitual residence of the (iii) is enrolled in an elementary school, a status on a conditional basis renders the alien, information about any criminal activ- secondary school, or an early childhood edu- alien ineligible for temporary protected sta- ity— cation program. tus. (i) in which the alien engaged in the coun- (B) COMMENCEMENT OF REMOVAL PRO- (e) INELIGIBILITY FOR PUBLIC BENEFITS.—An try of nationality, country of citizenship, or CEEDINGS.—The Secretary may not com- alien who has been granted permanent resi- country of last habitual residence of the mence removal proceedings for an alien de- dent status on a conditional basis shall not alien; or scribed in subparagraph (A). be eligible for any Federal means-tested pub- (ii) for which the alien was convicted in (C) EMPLOYMENT.—An alien whose removal lic benefit (within the meaning of section 403 the country of nationality, country of citi- is stayed pursuant to subparagraph (A) or of the Personal Responsibility and Work Op- zenship, or country of last habitual residence who may not be placed in removal pro- portunity Reconciliation Act of 1996 (8 U.S.C. of the alien. ceedings pursuant to subparagraph (B) shall, 1613)) until the date on which the conditional (8) MEDICAL EXAMINATION.— upon application to the Secretary, be grant- permanent resident status of the alien is re- (A) REQUIREMENT.—An alien applying for ed an employment authorization document. moved. permanent resident status on a conditional (D) LIFT OF STAY.—The Secretary or Attor- SEC. 204. REMOVAL OF CONDITIONAL BASIS OF basis shall undergo a medical examination. ney General may not lift the stay granted to PERMANENT RESIDENT STATUS. (B) POLICIES AND PROCEDURES.—The Sec- an alien under subparagraph (A) unless the (a) ELIGIBILITY FOR REMOVAL OF CONDI- retary, with the concurrence of the Sec- alien ceases to meet the requirements under TIONAL BASIS.— retary of Health and Human Services, shall such subparagraph. (1) IN GENERAL.—Subject to paragraph (2), prescribe policies and procedures for the na- (e) EXEMPTION FROM NUMERICAL LIMITA- the Secretary shall remove the conditional ture and timing of the examination under TIONS.—Nothing in this section or in any basis of the permanent resident status of an subparagraph (A). other law may be construed to apply a nu- alien granted under this subtitle and grant (9) MILITARY SELECTIVE SERVICE.—An alien merical limitation on the number of aliens the alien status as an alien lawfully admit- applying for permanent resident status on a who may be granted permanent resident sta- ted for permanent residence if the alien— conditional basis shall establish that the tus on a conditional basis. (A) is described in paragraph (1)(C) of sec- alien has registered under the Military Se- SEC. 203. TERMS OF PERMANENT RESIDENT STA- tion 203(b), subject to paragraphs (2) and (3) lective Service Act (50 U.S.C. 3801 et seq.), if TUS ON A CONDITIONAL BASIS. of that section; the alien is subject to registration under (a) PERIOD OF STATUS.—Permanent resi- (B) has not abandoned the residence of the that Act. dent status on a conditional basis is— alien in the United States; (c) DETERMINATION OF CONTINUOUS PRES- (1) valid for a period of 8 years, unless that (C)(i) has acquired a degree from an insti- ENCE.— period is extended by the Secretary; and tution of higher education or has completed

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00153 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.022 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S1082 CONGRESSIONAL RECORD — SENATE February 14, 2018 at least 2 years, in good standing, in a pro- (II) received total income, during the 1- plicant meets the requirements for natu- gram for a bachelor’s degree or higher degree year period immediately preceding the date ralization under subparagraph (A). in the United States; on which the alien files an application under SEC. 205. DOCUMENTATION REQUIREMENTS. (ii)(I) has served in the Uniformed Services this section, that is less than 150 percent of (a) DOCUMENTS ESTABLISHING IDENTITY.— for at least 2 years; or the poverty line; or An alien’s application for permanent resi- (II) in the case of an alien who has been (iv)(I) during the 1-year period imme- dent status on a conditional basis may in- discharged from the Uniformed Services, has diately preceding the date on which the alien clude, as proof of identity— received an honorable discharge; or files an application under this section, the (1) a passport or national identity docu- (iii) has been employed for periods totaling alien accumulated $10,000 or more in debt as ment from the alien’s country of origin that at least 3 years and at least 75 percent of the a result of unreimbursed medical expenses includes the alien’s name and the alien’s time that the alien has had a valid employ- incurred by the alien or an immediate family photograph or fingerprint; ment authorization, except that any period member of the alien; and (2) the alien’s birth certificate and an iden- during which the alien is not employed while (II) received total income, during the 1- tity card that includes the alien’s name and having a valid employment authorization year period immediately preceding the date photograph; and is enrolled in an institution of higher on which the alien files an application under (3) a school identification card that in- education, a secondary school, or an edu- this section, that is less than 150 percent of cludes the alien’s name and photograph, and cation program described in section the poverty line. school records showing the alien’s name and 203(b)(1)(D)(iii), shall not count toward the (5) SUBMISSION OF BIOMETRIC AND BIO- that the alien is or was enrolled at the time requirements under this clause; and GRAPHIC DATA.— school; (D)(i) has paid any applicable Federal tax (A) IN GENERAL.—The Secretary may not (4) a Uniformed Services identification liability incurred by the alien during the en- remove the conditional basis of the perma- card issued by the Department of Defense; tire period for which the alien was in perma- nent resident status of an alien unless the (5) any immigration or other document nent resident status on a conditional basis; alien submits biometric and biographic data, issued by the United States Government or in accordance with procedures established by bearing the alien’s name and photograph; or (ii) has entered into an agreement to pay the Secretary. (6) a State-issued identification card bear- the applicable Federal tax liability incurred (B) ALTERNATIVE PROCEDURE.—The Sec- ing the alien’s name and photograph. by the alien during the entire period for retary shall provide an alternative procedure (b) DOCUMENTS ESTABLISHING CONTINUOUS which the alien was in permanent resident for any applicant who is unable to provide PHYSICAL PRESENCE IN THE UNITED STATES.— status on a conditional basis through a pay- the biometric or biographic data referred to To establish that an alien has been continu- ment installment plan approved by the Com- in subparagraph (A) due to physical impair- ously physically present in the United missioner of Internal Revenue. ment. States, as required under section 203(b)(1)(A), (2) HARDSHIP EXCEPTION.— or to establish that an alien has not aban- (6) BACKGROUND CHECKS.— (A) IN GENERAL.—The Secretary shall re- doned residence in the United States, as re- (A) REQUIREMENT FOR BACKGROUND move the conditional basis of the permanent quired under section 205(a)(1)(B), the alien CHECKS.—The Secretary shall use biometric, may submit documents to the Secretary, in- resident status of an alien and grant the biographic, and other data that the Sec- alien status as an alien lawfully admitted for cluding— retary determines to be appropriate— permanent residence if the alien— (1) employment records that include the (i) to conduct security and law enforce- (i) satisfies the requirements under sub- employer’s name and contact information; ment background checks of an alien apply- paragraphs (A) and (B) of paragraph (1); (2) records from any educational institu- ing for removal of the conditional basis of (ii) demonstrates compelling cir- tion the alien has attended in the United the permanent resident status of the alien; cumstances for the inability to satisfy the States; and requirements under subparagraph (C) of such (3) records of service from the Uniformed (ii) to determine whether there is any paragraph; and Services; criminal, national security, or other factor (iii) demonstrates that— (4) official records from a religious entity that would render the alien ineligible for re- (I) the alien has a disability; confirming the alien’s participation in a reli- moval of the conditional basis if the perma- (II) the alien is a full-time caregiver of a gious ceremony; nent resident status of the alien. minor child; or (5) passport entries; (B) COMPLETION OF BACKGROUND CHECKS.— (III) the removal of the alien from the (6) a birth certificate for a child of the The security and law enforcement back- United States would result in extreme hard- alien who was born in the United States; ground checks of an alien required under ship to the alien or the alien’s spouse, par- (7) automobile license receipts or registra- subparagraph (A) shall be completed, to the ent, or child who is a national of the United tion; satisfaction of the Secretary, before the date States or is lawfully admitted for permanent (8) deeds, mortgages, or rental agreement on which the Secretary removes the condi- residence. contracts; tional basis of the permanent resident status (3) CITIZENSHIP REQUIREMENT.— (9) tax receipts; of the alien. (A) IN GENERAL.—Except as provided in (10) insurance policies; subparagraph (B), the conditional basis of (b) NATURALIZATION.— (11) remittance records; the permanent resident status granted to an (1) IN GENERAL.—For purposes of title III of (12) rent receipts or utility bills bearing alien under this subtitle may not be removed the Immigration and Nationality Act (8 the alien’s name or the name of an imme- unless the alien demonstrates that the alien U.S.C. 1401 et seq.), an alien granted perma- diate family member of the alien, and the satisfies the requirements under section nent resident status on a conditional basis alien’s address; 312(a) of the Immigration and Nationality shall be considered to have been admitted to (13) copies of money order receipts for Act (8 U.S.C. 1423(a)). the United States, and to be present in the money sent in or out of the United States; (B) EXCEPTION.—Subparagraph (A) shall United States, as an alien lawfully admitted (14) dated bank transactions; or not apply to an alien who is unable to meet for permanent residence. (15) 2 or more sworn affidavits from indi- the requirements under section 312(a) of the (2) LIMITATIONS ON APPLICATION FOR NATU- viduals who are not related to the alien who Immigration and Nationality Act (8 U.S.C. RALIZATION.— have direct knowledge of the alien’s contin- 1423(a)) due to disability. (A) IN GENERAL.—An alien may not be nat- uous physical presence in the United States, (4) APPLICATION FEE.— uralized— that contain— (A) IN GENERAL.—The Secretary may re- (i) on any date on which the alien is in per- (A) the name, address, and telephone num- quire an alien applying for lawful permanent manent resident status on a conditional ber of the affiant; and resident status under this section to pay a basis; or (B) the nature and duration of the relation- reasonable fee that is commensurate with (ii) before the date that is 12 years after ship between the affiant and the alien. the cost of processing the application. the date on which the alien was granted per- (c) DOCUMENTS ESTABLISHING INITIAL (B) EXEMPTION.—An applicant may be ex- manent resident status on a conditional ENTRY INTO THE UNITED STATES.—To estab- empted from paying the fee required under basis. lish under section 203(b)(1)(B) that an alien subparagraph (A) only if the alien— (B) REDUCTION IN PERIOD.— was younger than 18 years of age on the date (i)(I) is younger than 18 years of age; (i) IN GENERAL.—Subject to clause (ii), the on which the alien initially entered the (II) received total income, during the 1- 12-year period referred to in subparagraph United States, an alien may submit docu- year period immediately preceding the date (A)(ii) shall be reduced by the number of ments to the Secretary, including— on which the alien files an application under days that the alien was a DACA recipient. (1) an admission stamp on the alien’s pass- this section, that is less than 150 percent of (ii) LIMITATION.—Notwithstanding clause port; the poverty line; and (i), the 12-year period may not be reduced by (2) records from any educational institu- (III) is in foster care or otherwise lacking more than 2 years. tion the alien has attended in the United any parental or other familial support; (C) ADVANCED FILING DATE.—With respect States; (ii) is younger than 18 years of age and is to an alien granted permanent resident sta- (3) any document from the Department of homeless; tus on a conditional basis, the alien may file Justice or the Department of Homeland Se- (iii)(I) cannot care for himself or herself an application for naturalization not more curity stating the alien’s date of entry into because of a serious, chronic disability; and than 90 days before the date on which the ap- the United States;

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00154 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.022 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S1083 (4) hospital or medical records showing tablishes that the alien is younger than 18 Service, or any other Federal, State, or local medical treatment or hospitalization, the years of age. government agency. name of the medical facility or physician, (2) DOCUMENTS TO ESTABLISH INCOME.—To (2) OTHER DOCUMENTS.—An alien who is un- and the date of the treatment or hospitaliza- establish the alien’s income, the alien shall able to submit the records described in para- tion; provide— graph (1) may satisfy the employment re- (5) rent receipts or utility bills bearing the (A) employment records that have been quirement by submitting at least 2 types of alien’s name or the name of an immediate maintained by the Social Security Adminis- reliable documents that provide evidence of family member of the alien, and the alien’s tration, the Internal Revenue Service, or any employment, including— address; other Federal, State, or local government (A) bank records; (6) employment records that include the agency; (B) business records; employer’s name and contact information; (B) bank records; or (C) employer records; (7) official records from a religious entity (C) at least 2 sworn affidavits from individ- (D) records of a labor union, day labor cen- confirming the alien’s participation in a reli- uals who are not related to the alien and who ter, or organization that assists workers in gious ceremony; have direct knowledge of the alien’s work employment; (8) a birth certificate for a child of the and income that contain— (E) sworn affidavits from individuals who alien who was born in the United States; (i) the name, address, and telephone num- are not related to the alien and who have di- (9) automobile license receipts or registra- ber of the affiant; and rect knowledge of the alien’s work, that con- tion; (ii) the nature and duration of the relation- tain— (10) deeds, mortgages, or rental agreement ship between the affiant and the alien. (i) the name, address, and telephone num- contracts; (3) DOCUMENTS TO ESTABLISH FOSTER CARE, ber of the affiant; and (11) tax receipts; LACK OF FAMILIAL SUPPORT, HOMELESSNESS, (ii) the nature and duration of the relation- (12) travel records; OR SERIOUS, CHRONIC DISABILITY.—To estab- ship between the affiant and the alien; and (13) copies of money order receipts sent in lish that the alien was in foster care, lacks (F) remittance records. or out of the country; parental or familial support, is homeless, or (l) AUTHORITY TO PROHIBIT USE OF CERTAIN (14) dated bank transactions; has a serious, chronic disability, the alien DOCUMENTS.—If the Secretary determines, (15) remittance records; or shall provide at least 2 sworn affidavits from after publication in the Federal Register and (16) insurance policies. individuals who are not related to the alien an opportunity for public comment, that any (d) DOCUMENTS ESTABLISHING ADMISSION TO and who have direct knowledge of the cir- document or class of documents does not re- AN INSTITUTION OF HIGHER EDUCATION.—To cumstances that contain— liably establish identity or that permanent establish that an alien has been admitted to (A) a statement that the alien is in foster resident status on a conditional basis is an institution of higher education, the alien care, otherwise lacks any parental or other being obtained fraudulently to an unaccept- shall submit to the Secretary a document familiar support, is homeless, or has a seri- able degree, the Secretary may prohibit or from the institution of higher education cer- ous, chronic disability, as appropriate; restrict the use of such document or class of tifying that the alien— (B) the name, address, and telephone num- documents. (1) has been admitted to the institution; or ber of the affiant; and SEC. 206. RULEMAKING. (2) is currently enrolled in the institution (C) the nature and duration of the relation- (a) INITIAL PUBLICATION.— as a student. ship between the affiant and the alien. (1) IN GENERAL.—Not later than 90 days (e) DOCUMENTS ESTABLISHING RECEIPT OF A (4) DOCUMENTS TO ESTABLISH UNPAID MED- after the date of the enactment of this Act, DEGREE FROM AN INSTITUTION OF HIGHER ICAL EXPENSE.—To establish that the alien the Secretary shall publish in the Federal EDUCATION.—To establish that an alien has has debt as a result of unreimbursed medical Register regulations implementing this sub- acquired a degree from an institution of expenses, the alien shall provide receipts or title. higher education in the United States, the other documentation from a medical pro- (2) AFFIRMATIVE APPLICATION.—The regula- alien shall submit to the Secretary a di- vider that— tions published under paragraph (1) shall ploma or other document from the institu- (A) bear the provider’s name and address; allow any eligible individual to immediately tion stating that the alien has received such (B) bear the name of the individual receiv- apply affirmatively for the relief available a degree. ing treatment; and under section 203 without being placed in re- (f) DOCUMENTS ESTABLISHING RECEIPT OF (C) document that the alien has accumu- moval proceedings. HIGH SCHOOL DIPLOMA, GENERAL EDU- lated $10,000 or more in debt in the past 12 (b) INTERIM REGULATIONS.—Notwith- CATIONAL DEVELOPMENT CERTIFICATE, OR A months as a result of unreimbursed medical standing section 553 of title 5, United States RECOGNIZED EQUIVALENT.—To establish that expenses incurred by the alien or an imme- Code, the regulations published pursuant to an alien has earned a high school diploma or diate family member of the alien. subsection (a)(1) shall be effective, on an in- a commensurate alternative award from a terim basis, immediately on publication in (i) DOCUMENTS ESTABLISHING QUALIFICATION public or private high school, or has obtained the Federal Register, but may be subject to a general educational development certifi- FOR HARDSHIP EXEMPTION.—To establish that an alien satisfies 1 of the criteria for the change and revision after public notice and cate recognized under State law or a high opportunity for a period of public comment. hardship exemption described in section school equivalency diploma in the United (c) FINAL REGULATIONS.—Not later than 180 States, the alien shall submit to the Sec- 205(a)(2)(A)(iii), the alien shall submit to the days after the date on which interim regula- retary— Secretary at least 2 sworn affidavits from in- tions are published under this section, the (1) a high school diploma, certificate of dividuals who are not related to the alien Secretary shall publish final regulations im- completion, or other alternate award; and who have direct knowledge of the cir- plementing this subtitle. (2) a high school equivalency diploma or cumstances that warrant the exemption, (d) PAPERWORK REDUCTION ACT.—The re- certificate recognized under State law; or that contain— quirements under chapter 35 of title 44, (3) evidence that the alien passed a State- (1) the name, address, and telephone num- United States Code, (commonly known as authorized exam, including the general edu- ber of the affiant; and the ‘‘Paperwork Reduction Act’’) shall not cational development exam, in the United (2) the nature and duration of the relation- apply to any action to implement this sub- States. ship between the affiant and the alien. title. (g) DOCUMENTS ESTABLISHING ENROLLMENT (j) DOCUMENTS ESTABLISHING SERVICE IN SEC. 207. CONFIDENTIALITY OF INFORMATION. IN AN EDUCATIONAL PROGRAM.—To establish THE UNIFORMED SERVICES.—To establish that (a) IN GENERAL.—The Secretary may not that an alien is enrolled in any school or an alien has served in the Uniformed Serv- disclose or use for the purpose of immigra- education program described in section ices for at least 2 years and, if discharged, re- tion enforcement any information provided 203(b)(1)(D)(iii), 203(d)(3)(A)(iii), or ceived an honorable discharge, the alien in— 205(a)(1)(C)(i), the alien shall submit school shall submit to the Secretary— (1) an application filed under this subtitle; records from the United States school that (1) a Department of Defense form DD-214; or the alien is currently attending that in- (2) a National Guard Report of Separation (2) a request for DACA. clude— and Record of Service form 22; (b) REFERRALS PROHIBITED.—The Secretary (1) the name of the school; and (3) personnel records for such service from may not refer to U.S. Immigration and Cus- (2) the alien’s name, periods of attendance, the appropriate Uniformed Service; or toms Enforcement, U.S. Customs and Border and current grade or educational level. (4) health records from the appropriate Protection, or any designee of U.S. Immigra- (h) DOCUMENTS ESTABLISHING EXEMPTION Uniformed Service. tion and Customs Enforcement or U.S. Cus- FROM APPLICATION FEES.—To establish that (k) DOCUMENTS ESTABLISHING EMPLOY- toms and Border Protection any individual an alien is exempt from an application fee MENT.— who— under section 203(b)(5)(B) or 205(a)(4)(B), the (1) IN GENERAL.—An alien may satisfy the (1) has been granted permanent resident alien shall submit to the Secretary the fol- employment requirement under section status on a conditional basis; or lowing relevant documents: 205(a)(1)(C)(iii) by submitting records that— (2) was granted DACA. (1) DOCUMENTS TO ESTABLISH AGE.—To es- (A) establish compliance with such em- (c) LIMITED EXCEPTION.—Notwithstanding tablish that an alien meets an age require- ployment requirement; and subsections (a) and (b), information provided ment, the alien shall provide proof of iden- (B) have been maintained by the Social Se- in an application for permanent resident sta- tity, as described in subsection (a), that es- curity Administration, the Internal Revenue tus on a conditional basis or a request for

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00155 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.022 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S1084 CONGRESSIONAL RECORD — SENATE February 14, 2018 DACA may be shared with a Federal security of the Immigration and Nationality Act (8 of Homeland Security shall adjust the status or law enforcement agency— U.S.C. 1254a(b)); of an alien to that of an alien lawfully ad- (1) for assistance in the consideration of an (ii)(I) is in temporary protected status mitted for permanent residence if the alien— application for permanent resident status on under section 244 of the Immigration and Na- (i) is the spouse, domestic partner, child, a conditional basis; tionality Act 8 (8 U.S.C. 1254a); or unmarried son or daughter of an alien (2) to identify or prevent fraudulent (II) held temporary protected status as a whose status has been adjusted to that of an claims; national of a designated country listed in alien lawfully admitted for permanent resi- (3) for national security purposes; or clause (i); or dence under paragraph (1); (4) for the investigation or prosecution of (III) qualified for temporary protected sta- (ii) is physically present in the United any felony not related to immigration sta- tus at the time the last designation was States on the date on which the alien files an tus. made by the Secretary of Homeland Secu- application for such adjustment of status; (d) PENALTY.—Any person who knowingly rity; and uses, publishes, or permits information to be (iii) has been continuously present in the (iii) is otherwise eligible to receive an im- examined in violation of this section shall be United States for at least 3 years and is migrant visa and is otherwise admissible to fined not more than $10,000. physically present in the United States on the United States for permanent residence. the date on which the alien files an applica- (B) CONTINUOUS PRESENCE REQUIREMENT.— SA 1968. Mr. CARDIN (for himself, tion for adjustment of status under this sec- (i) IN GENERAL.—The status of an unmar- Mr. VAN HOLLEN, Ms. CORTEZ MASTO, tion; and ried son or daughter referred to in subpara- Mr. REED, Mr. KAINE, Mr. MARKEY, Ms. (iv) passes all applicable criminal and na- graph (A)(i) may not be adjusted under sub- SMITH, and Ms. KLOBUCHAR) submitted tional security background checks. paragraph (A) until such son or daughter es- an amendment intended to be proposed (B) SHORT ABSENCES.—An alien shall not be tablishes that he or she has been physically by him to the bill H.R. 2579, to amend considered to have failed to maintain contin- present in the United States for at least 1 the Internal Revenue Code of 1986 to uous physical presence in the United States year. allow the premium tax credit with re- under subparagraph (A)(iii) by reason of an (ii) SHORT ABSENCES.—An alien shall not be absence, or multiple absences, from the considered to have failed to maintain contin- spect to unsubsidized COBRA continu- United States for any period or periods that uous physical presence in the United States ation coverage; which was ordered to do not exceed, in the aggregate, 180 days. under clause (i) by reason of an absence, or lie on the table; as follows: (C) WAIVER AUTHORIZED.—Notwithstanding multiple absences, from the United States At the appropriate place, insert the fol- any provision of the Immigration and Na- for any period or periods that do not exceed, lowing: tionality Act (8 U.S.C. 1101 et seq.), an alien in the aggregate, 180 days. SEC. ll. PERMANENT RESIDENT STATUS FOR who fails to meet the continuous physical (C) WAIVER.—In determining eligibility and CERTAIN ALIENS FROM COUNTRIES presence requirement under subparagraph admissibility under subparagraph (A)(iii), FACING REPRESSION AND EMER- (A)(iii) shall be considered eligible to receive the grounds for inadmissibility under para- GENCIES. an adjustment of status under this section if graphs (4), (5), (6), (7)(A), and (9) of section (a) ADJUSTMENT OF STATUS OF CERTAIN the Attorney General or the Secretary of 212(a) of the Immigration and Nationality FOREIGN NATIONALS.— Homeland Security determines that the re- Act (8 U.S.C. 1182(a)) shall not apply. (1) ADJUSTMENT OF STATUS.— moval of the alien from the United States (5) AVAILABILITY OF ADMINISTRATIVE RE- (A) IN GENERAL.—Notwithstanding section would result in extreme hardship to the alien VIEW.—The Secretary of Homeland Security 245(c) of the Immigration and Nationality or the alien’s spouse, children, parents, or shall provide applicants for adjustment of Act (8 U.S.C. 1255(c)), the status of any alien domestic partner. status under paragraph (1) the same right to, described in paragraph (2) shall be adjusted (3) STAY OF REMOVAL.— and procedures for, administrative review as by the Secretary of Homeland Security to (A) IN GENERAL.—Except as provided in are provided to— that of an alien lawfully admitted for perma- subparagraph (B), an alien who is subject to (A) applicants for adjustment of status nent residence if the alien— a final order of removal may not be removed under section 245 of the Immigration and Na- (i) is not inadmissible under paragraph (2) if the alien— tionality Act 19 (8 U.S.C. 1255); or or (3) of section 212(a) of such Act (8 U.S.C. (i) has a pending application under para- (B) aliens who are subject to removal pro- 1182(a)); graph (1); or ceedings under section 240 of such Act (8 (ii) is not deportable under paragraph (2), (ii)(I) is prima facie eligible to file an ap- U.S.C. 1229a). (3), or (4) of section 237(a) of such Act (8 plication under paragraph (1); and (6) EXCEPTIONS TO NUMERICAL LIMITA- U.S.C. 1227(a)); and (II) indicates that he or she intends to file TIONS.—The numerical limitations set forth (iii) is not described in section such an application. in sections 201 and 202 of the Immigration 208(b)(2)(A)(i) of such Act (8 U.S.C. (B) EXCEPTION.—Subparagraph (A) shall and Nationality Act (8 U.S.C. 1151 and 1152) 1158(b)(2)(A)(i)). not apply to any alien whose application shall not apply to aliens whose status is ad- (B) RELATIONSHIP OF APPLICATION TO CER- under paragraph (1) has been denied by the justed pursuant to paragraph (1). TAIN ORDERS.— Secretary of Homeland Security in a final (b) ADDITIONAL REPORTING REQUIREMENTS (i) IN GENERAL.—An alien who is present in administrative determination. REGARDING FUTURE DISCONTINUED ELIGI- the United States and has been ordered re- (C) DURING CERTAIN PROCEEDINGS.— BILITY OF ALIENS FROM COUNTRIES CUR- moved, or permitted voluntarily to depart, (i) IN GENERAL.—Except as provided in RENTLY LISTED UNDER TEMPORARY PRO- from the United States under any provision clause (ii) and notwithstanding any provi- TECTED STATUS.—Section 244(b)(3) of the Im- of the Immigration and Nationality Act (8 sion of the Immigration and Nationality Act migration and Nationality Act (8 U.S.C. U.S.C. 1101 et seq.) may, notwithstanding (8 U.S.C. 1101 et seq.), the Secretary of Home- 1254a(b)(3)) is amended— such order, apply for adjustment of status land Security may not order any alien to be (1) in subparagraph (A)— under subparagraph (A). removed from the United States if the alien (A) by striking ‘‘the Attorney General’’ (ii) MOTION NOT REQUIRED.—An alien de- raises, as a defense to such an order, the eli- and inserting ‘‘, the Secretary of Homeland scribed in clause (i) may not be required, as gibility of the alien to apply for adjustment Security’’; a condition of submitting or approving an of status under paragraph (1). (B) by inserting ‘‘(including a rec- application under such subparagraph, to file (ii) EXCEPTION.—Clause (i) shall not apply ommendation from the Secretary of State a motion to reopen, reconsider, or vacate an to any alien whose application under para- that is received by the Secretary of Home- order described in such subparagraph. graph (1) has been denied by the Secretary of land Security not later than 90 days before (iii) APPROVAL.—If the Secretary of Home- Homeland Security in a final administrative the end of such period of designation)’’ after land Security approves an application sub- determination. ‘‘Government’’; and mitted by an alien under clause (i), the Sec- (D) WORK AUTHORIZATION.—The Secretary (C) by striking ‘‘The Attorney General’’ retary shall cancel the order related to the of Homeland Security— and inserting ‘‘The Secretary’’; and alien that is referred to in such subpara- (i) shall authorize any alien who has ap- (2) in subparagraph (B)— graph. plied for adjustment of status under para- (A) by striking ‘‘If the Attorney General’’ (iv) DENIAL.—If the Secretary of Homeland graph (1) to engage in employment in the and inserting the following: Security renders a final administrative deci- United States while such application is pend- ‘‘(i) IN GENERAL.—If the Secretary of Home- sion to deny an application submitted by an ing; and land Security’’; alien under clause (i), the order related to (ii) may provide such alien with an ‘‘em- (B) in clause (i), as redesignated, by strik- such alien shall be effective and enforceable ployment authorized’’ endorsement or other ing ‘‘Attorney General’’ and inserting ‘‘Sec- to the same extent as if such application had appropriate document signifying such em- retary’’; and not been made. ployment authorization. (C) by adding at the end the following: (2) ALIENS ELIGIBLE FOR ADJUSTMENT OF (4) ADJUSTMENT OF STATUS FOR SPOUSES ‘‘(ii) REPORT.—Not later than 3 days after STATUS.— AND CHILDREN.— the publication of the Secretary’s deter- (A) IN GENERAL.—An alien is described in (A) IN GENERAL.—Notwithstanding section mination in the Federal Register that a this paragraph if the alien— 245(c) of the Immigration and Nationality country’s designation under paragraph (1) is (i) is a national of a foreign state that was Act (8 U.S.C. 1255(c)) and except as provided being terminated, the Secretary shall submit at any time designated under section 244(b) in subparagraphs (B) and (C), the Secretary a report to the Committee on the Judiciary

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00156 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.022 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S1085 of the Senate and the Committee on the Ju- SA 1970. Mr. GRAHAM submitted an vehicle and a finding of impairment or a diciary of the House of Representatives that amendment intended to be proposed by blood alcohol content of .08 or higher; or shall include— him to the bill H.R. 2579, to amend the ‘‘(B) resulted in a sentence of time in cus- ‘‘(I) an explanation of the event or events Internal Revenue Code of 1986 to allow tody of more than 90 days, excluding an of- that initially prompted such country’s des- fense for which the sentence was suspended. ignation under paragraph (1); the premium tax credit with respect to ‘‘(6) THREAT TO NATIONAL SECURITY.—An ‘‘(II) the progress the country has made in unsubsidized COBRA continuation cov- alien is a ‘threat to national security’ if the remedying the designation under paragraph erage; which was ordered to lie on the alien is— (1), including any significant challenges or table; as follows: ‘‘(A) inadmissible under section 212(a)(3); shortcomings that have not been addressed Strike all after the enacting clause and in- or since the initial designation; sert the following: ‘‘(B) deportable under section 237(a)(4). ‘‘(7) THREAT TO PUBLIC SAFETY.—An alien is ‘‘(III) a statement indicating whether the SECTION 1. SHORT TITLES. a ‘threat to public safety’ if the alien— country has requested a designation under This Act may be cited as the ‘‘Bar Re- ‘‘(A) has been convicted of an offense for paragraph (1), a redesignation under such moval of Individuals who Dream and Grow which an element was participation in a paragraph, or an extension of such designa- our Economy Act’’ or the ‘‘BRIDGE Act’’. tion; and criminal street gang (as defined in section ‘‘(IV) an analysis, with applicable and rel- SEC. 2. TABLE OF CONTENTS. 521(a) of title 18, United States Code); or evant metrics, as determined by the Sec- The table of contents for this Act is as fol- ‘‘(B) has engaged in a continuing criminal retary, of the country’s ability to repatriate lows: enterprise (as defined in section 408(c) of the its nationals, including— Sec. 1. Short titles. Comprehensive Drug Abuse Prevention and ‘‘(aa) the country’s financial ability to pro- Sec. 2. Table of contents. Control Act of 1970 (21 U.S.C. 848(c))). vide for its repatriated citizens; TITLE I—BAR REMOVAL OF INDIVID- ‘‘(b) AUTHORIZATION.—The Secretary— ‘‘(bb) the country’s financial ability to ad- UALS WHO DREAM AND GROW OUR ‘‘(1) shall grant provisional protected pres- dress the initial designation under paragraph ECONOMY ACT ence to an alien who files an application demonstrating that he or she meets the eli- (1) without foreign assistance; Sec. 101. Provisional protected presence for gibility criteria under subsection (c) and ‘‘(cc) the country’s gross domestic product young individuals. and per capita gross domestic product per pays the appropriate application fee; TITLE II—BORDER SECURITY capita; ‘‘(2) may not remove such alien from the APPROPRIATIONS. ‘‘(dd) an analysis of the country’s political United States during the period in which stability and its ability to be economically Sec. 201. Operations and support. such provisional protected presence is in ef- self-sufficient without foreign assistance; Sec. 202. Procurement, construction, and fect unless such status is rescinded pursuant ‘‘(ee) the economic and social impact repa- improvements. to subsection (g); and triation of nationals in possession of tem- Sec. 203. Administrative provisions. ‘‘(3) shall provide such alien with employ- porary protected status would have on the TITLE I—BAR REMOVAL OF INDIVIDUALS ment authorization. recipient country; and WHO DREAM AND GROW OUR ECONOMY ‘‘(c) ELIGIBILITY CRITERIA.—An alien is eli- ‘‘(ff) any additional metrics the Secretary ACT gible for provisional protected presence considers necessary.’’. under this section and employment author- SEC. 101. PROVISIONAL PROTECTED PRESENCE ization if the alien— (c) OTHER MATTERS.— FOR YOUNG INDIVIDUALS. ‘‘(1) was born after June 15, 1981; (1) APPLICATION OF IMMIGRATION AND NA- (a) IN GENERAL.—Chapter 4 of title II of the ‘‘(2) entered the United States before at- TIONALITY ACT PROVISIONS.—Except as other- Immigration and Nationality Act (8 U.S.C. taining 16 years of age; wise specifically provided in this section, the 1221 et seq.) is amended by adding at the end ‘‘(3) continuously resided in the United definitions in the Immigration and Nation- the following: ality Act (8 U.S.C. 1101 et seq.) shall apply in States between June 15, 2007, and the date on ‘‘SEC. 244A. PROVISIONAL PROTECTED PRES- which the alien files an application under this section. ENCE. (2) SAVINGS PROVISION.—Nothing in this this section; ‘‘(a) DEFINITIONS.—In this section: ‘‘(4) was physically present in the United section may be construed to repeal, amend, ‘‘(1) DACA RECIPIENT.—The term ‘DACA re- alter, modify, effect, or restrict the powers, States on June 15, 2012, and on the date on cipient’ means an alien who was in deferred which the alien files an application under duties, functions, or authority of the Sec- action status on September 5, 2017, pursuant retary of Homeland Security in the adminis- this section; to the Deferred Action for Childhood Arriv- ‘‘(5) was unlawfully present in the United tration and enforcement of the immigration als (‘DACA’) Program announced on June 15, laws. States on June 15, 2012; 2012. ‘‘(6) on the date on which the alien files an (3) ELIGIBILITY FOR OTHER IMMIGRATION ‘‘(2) FELONY.—The term ‘felony’ means a BENEFITS.—An alien who is eligible to be application for provisional protected pres- Federal, State, or local criminal offense (ex- ence— granted the status of an alien lawfully ad- cluding a State or local offense for which an mitted for permanent residence under sub- ‘‘(A) is enrolled in school or in an edu- essential element was the alien’s immigra- cation program assisting students in obtain- section (a) may not be precluded from seek- tion status) punishable by imprisonment for ing such status under any other provision of ing a regular high school diploma or its rec- a term exceeding one year. ognized equivalent under State law, or in law for which the alien may otherwise be eli- ‘‘(3) MISDEMEANOR.—The term ‘mis- gible. passing a general educational development demeanor’ means a Federal, State, or local exam or other State-authorized exam; Mr. KENNEDY submitted an criminal offense (excluding a State or local ‘‘(B) has graduated or obtained a certifi- SA 1969. offense for which an essential element was amendment intended to be proposed by cate of completion from high school; the alien’s immigration status, a significant ‘‘(C) has obtained a general educational de- him to the bill H.R. 2579, to amend the misdemeanor, and a minor traffic offense) Internal Revenue Code of 1986 to allow velopment certificate; or for which— ‘‘(D) is an honorably discharged veteran of the premium tax credit with respect to ‘‘(A) the maximum term of imprisonment the Coast Guard or Armed Forces of the unsubsidized COBRA continuation cov- is greater than five days and not greater United States; erage; which was ordered to lie on the than one year; and ‘‘(7) has not been convicted of— table; as follows: ‘‘(B) the individual was sentenced to time ‘‘(A) a felony; At the appropriate place, insert the fol- in custody of 90 days or less. ‘‘(B) a significant misdemeanor; or lowing: ‘‘(4) SECRETARY.—The term ‘Secretary’ ‘‘(C) three or more misdemeanors not oc- means the Secretary of Homeland Security. SEC. ll. STUDY ON ENFORCEMENT OF PROVI- curring on the same date and not arising out SION MAKING SPOUSES AND CHIL- ‘‘(5) SIGNIFICANT MISDEMEANOR.—The term of the same act, omission, or scheme of mis- DREN OF TERRORISTS INADMIS- ‘significant misdemeanor’ means a Federal, conduct; and SIBLE OR DEPORTABLE. State, or local criminal offense (excluding a ‘‘(8) does not otherwise pose a threat to na- (a) IN GENERAL.—The Comptroller General State or local offense for which an essential tional security or a threat to public safety. of the United States shall conduct a study element was the alien’s immigration status) ‘‘(d) DURATION OF PROVISIONAL PROTECTED assessing the effectiveness of the enforce- for which the maximum term of imprison- PRESENCE AND EMPLOYMENT AUTHORIZA- ment of section 212(a)(3)(B)(i)(IX) of the Im- ment is greater than five days and not great- TION.—Provisional protected presence and migration and Nationality Act (8 U.S.C. er than one year that— the employment authorization provided 1182(a)(3)(B)(i)(IX)) (relating to the inadmis- ‘‘(A) regardless of the sentence imposed, is under this section shall be effective through sibility and deportability of spouses and a crime of domestic violence (as defined in September 30, 2019. children of terrorists). section 237(a)(2)(E)(i)) or an offense of sexual ‘‘(e) STATUS DURING PERIOD OF PROVISIONAL (b) REPORT REQUIRED.—Not later than 180 abuse or exploitation, burglary, unlawful PROTECTED PRESENCE.— days after the date of the enactment of this possession or use of a firearm, drug distribu- ‘‘(1) IN GENERAL.—An alien granted provi- Act, the Comptroller General shall submit to tion or trafficking, or driving under the in- sional protected presence is not considered Congress a report on the study required by fluence if the State law requires, as an ele- to be unlawfully present in the United States subsection (a). ment of the offense, the operation of a motor during the period beginning on the date such

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00157 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.023 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S1086 CONGRESSIONAL RECORD — SENATE February 14, 2018 status is granted and ending on the date de- section and in requests for consideration of ‘‘(B) September 30, 2019. scribed in subsection (d). DACA from disclosure to U.S. Immigration ‘‘(2) EMPLOYMENT AUTHORIZATION.—If a ‘‘(2) STATUS OUTSIDE PERIOD.—The granting and Customs Enforcement and U.S. Customs DACA recipient has been granted employ- of provisional protected presence under this and Border Protection for the purpose of im- ment authorization by the Secretary in addi- section does not excuse previous or subse- migration enforcement proceedings. tion to deferred action, the employment au- quent periods of unlawful presence. ‘‘(B) REFERRALS PROHIBITED.—The Sec- thorization shall continue through the ear- ‘‘(f) APPLICATION.— retary may not refer individuals whose cases lier of— ‘‘(1) AGE REQUIREMENT.— have been deferred pursuant to DACA or who ‘‘(A) the date that is 1 year after the expi- ‘‘(A) IN GENERAL.—An alien who has never have been granted provisional protected ration date of the alien’s deferred action sta- been in removal proceedings, or whose pro- presence under this section to U.S. Immigra- tus, as specified by the Secretary in conjunc- ceedings have been terminated before mak- tion and Customs Enforcement. tion with the approval of the alien’s DACA ing a request for provisional protected pres- ‘‘(C) LIMITED EXCEPTION.—The information application; or ence, shall be at least 15 years old on the submitted in applications for provisional ‘‘(B) September 30, 2019. date on which the alien submits an applica- protected presence under this section and in ‘‘(3) EFFECT OF APPLICATION.—If a DACA re- tion under this section. requests for consideration of DACA may be cipient files an application for provisional ‘‘(B) EXCEPTION.—The age requirement set shared with national security and law en- protected presence under this section not forth in subparagraph (A) shall not apply to forcement agencies— later than the expiration date of the alien’s an alien who, on the date on which the alien ‘‘(i) for assistance in the consideration of deferred action status, as specified by the applies for provisional protected presence, is the application for provisional protected Secretary in conjunction with the approval in removal proceedings, has a final removal presence; of the alien’s DACA application, the alien’s order, or has a voluntary departure order. ‘‘(ii) to identify or prevent fraudulent provisional protected presence, and any em- ‘‘(2) APPLICATION FEE.— claims; ployment authorization, shall remain in ef- ‘‘(A) IN GENERAL.—The Secretary may re- ‘‘(iii) for national security purposes; and fect pending the adjudication of such appli- quire aliens applying for provisional pro- ‘‘(iv) for the investigation or prosecution cation.’’. tected presence and employment authoriza- of any felony not related to immigration sta- (b) CLERICAL AMENDMENT.—The table of tion under this section to pay a reasonable tus. contents for the Immigration and Nation- fee that is commensurate with the cost of ‘‘(7) ACCEPTANCE OF APPLICATIONS.—Not ality Act (8 U.S.C. 1101 note) is amended by processing the application. later than 60 days after the date of the enact- inserting after the item relating to section ‘‘(B) EXEMPTION.—An applicant may be ex- ment of this section, the Secretary shall 244 the following: empted from paying the fee required under begin accepting applications for provisional subparagraph (A) if the alien— ‘‘Sec. 244A. Provisional protected pres- protected presence and employment author- ‘‘(i)(I) is younger than 18 years of age; ence.’’. ization. ‘‘(II) received total income during the 12- ‘‘(g) RESCISSION OF PROVISIONAL PROTECTED TITLE II—BORDER SECURITY month period immediately preceding the PRESENCE.—The Secretary may not rescind APPROPRIATIONS. date on which the alien files an application an alien’s provisional protected presence or SEC. 201. OPERATIONS AND SUPPORT. under this section that is less than 150 per- employment authorization granted under There is appropriated, out of any money in cent of the United States poverty level; and this section unless the Secretary determines ‘‘(III) is in foster care or otherwise lacking the Treasury not otherwise appropriated, for that the alien— the fiscal year ending September 30, 2018, and any parental or other familial support; ‘‘(1) has been convicted of— ‘‘(ii) is younger than 18 years of age and is in addition to any amounts otherwise pro- ‘‘(A) a felony; vided in such fiscal year, $675,000,000 to U.S. homeless; ‘‘(B) a significant misdemeanor; or ‘‘(iii)(I) cannot care for himself or herself Customs and Border Protection for ‘‘Oper- ‘‘(C) three or more misdemeanors not oc- ations and Support’’, which shall remain because of a serious, chronic disability; and curring on the same date and not arising out ‘‘(II) received total income during the 12- available until September 30, 2019, of which— of the same act, omission, or scheme of mis- (1) $531,000,000 shall be available for— month period immediately preceding the conduct; date on which the alien files an application (A) border security technologies; ‘‘(2) poses a threat to national security or (B) facilities; under this section that is less than 150 per- a threat to public safety; cent of the United States poverty level; or (C) equipment; and ‘‘(3) has traveled outside of the United ‘‘(iv)(I) as of the date on which the alien (D) the purchase, maintenance, or oper- States without authorization from the Sec- files an application under this section, has ation of marine vessels, aircraft, and un- retary; or accumulated $10,000 or more in debt in the manned aerial systems; ‘‘(4) has ceased to continuously reside in past 12 months as a result of unreimbursed (2) $48,000,000 shall be available for reten- the United States. medical expenses incurred by the alien or an tion, recruitment, and relocation of Border ‘‘(h) TREATMENT OF BRIEF, CASUAL, AND IN- immediate family member of the alien; and Patrol Agents, Customs Officers, and Air and NOCENT DEPARTURES AND CERTAIN OTHER AB- ‘‘(II) received total income during the 12- Marine personnel; SENCES.—For purposes of subsections (c)(3) (3) $75,000,000 shall be available to hire 615 month period immediately preceding the and (g)(4), an alien shall not be considered to additional U.S. Customs and Border Protec- date on which the alien files an application have failed to continuously reside in the tion Officers for deployment to ports of under this section that is less than 150 per- United States due to— entry; and cent of the United States poverty level. ‘‘(1) brief, casual, and innocent absences (4) $21,000,000 shall be available for data ‘‘(3) REMOVAL STAYED WHILE APPLICATION from the United States during the period be- circuits and network bandwidth surveillance PENDING.—The Secretary may not remove an ginning on June 15, 2007, and ending on Au- and associated personnel. alien from the United States who appears gust 14, 2012; or prima facie eligible for provisional protected ‘‘(2) travel outside of the United States on SEC. 202. PROCUREMENT, CONSTRUCTION, AND presence while the alien’s application for or after August 15, 2012, if such travel was IMPROVEMENTS. provisional protected presence is pending. authorized by the Secretary. There is appropriated, out of any money in ‘‘(4) ALIENS NOT IN IMMIGRATION DETEN- ‘‘(i) TREATMENT OF EXPUNGED CONVIC- the Treasury not otherwise appropriated, for TION.—An alien who is not in immigration TIONS.—For purposes of subsections (c)(7) and the fiscal year ending September 30, 2018, and detention, but who is in removal pro- (g)(1), an expunged conviction shall not auto- in addition to any amounts otherwise pro- ceedings, is the subject of a final removal matically be treated as a disqualifying fel- vided in such fiscal year, $2,030,239,000 for order, or is the subject of a voluntary depar- ony, significant misdemeanor, or mis- ‘‘Procurement, Construction, and Improve- ture order, may apply for provisional pro- demeanor, but shall be evaluated on a case- ments’’, which shall remain available until tected presence under this section if the by-case basis according to the nature and se- September 30, 2022, of which— alien appears prima facie eligible for provi- verity of the offense to determine whether, (1) $784,000,000 shall be available for 32 sional protected presence. under the particular circumstances, the miles of border bollard fencing in the Rio ‘‘(5) ALIENS IN IMMIGRATION DETENTION.— alien should be eligible for provisional pro- Grande Valley Sector, Texas; The Secretary shall provide any alien in im- tected presence under this section. (2) $498,000,000 shall be available for 28 migration detention, including any alien ‘‘(j) EFFECT OF DEFERRED ACTION UNDER miles of a bollard levee fencing in the Rio who is in removal proceedings, is the subject DEFERRED ACTION FOR CHILDHOOD ARRIVALS Grande Valley Sector, Texas; of a final removal order, or is the subject of PROGRAM.— (3) $251,000,000 shall be available for 14 a voluntary departure order, who appears ‘‘(1) PROVISIONAL PROTECTED PRESENCE.—A miles of secondary fencing in the San Diego prima facie eligible for provisional protected DACA recipient is deemed to have provi- Sector, California; presence, upon request, with a reasonable op- sional protected presence under this section (4) $444,000,000 shall be available for border portunity to apply for provisional protected through date that is the earlier of— security technologies, marine vessels, air- presence under this section. ‘‘(A) the date that is 1 year after the expi- craft unmanned aerial systems, facilities, ‘‘(6) CONFIDENTIALITY.— ration date of the alien’s deferred action sta- and equipment; ‘‘(A) IN GENERAL.—The Secretary shall pro- tus, as specified by the Secretary in conjunc- (5) $38,239,000 shall be available to prepare tect information provided in applications for tion with the approval of the alien’s DACA the reports required under subsections (b) provisional protected presence under this application; or and (c) of section 203; and

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00158 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.024 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S1087 (6) $15,000,000 shall be available for chem- priated under paragraphs (1) through (3) of ‘‘(4) for murder, rape, kidnapping, or a fel- ical screening devices (as defined in section 2 section 202 that remain available after the ony offense described in chapter 77 (relating of the INTERDICT Act (Public Law 115–112)). completion of the construction projects de- to peonage and slavery) or 113B (relating to SEC. 203. ADMINISTRATIVE PROVISIONS. scribed in such paragraphs shall be rescinded terrorism) of such title, or for 3 or more felo- (a) LIMITATION.—Amounts appropriated and returned to the general fund of the nies of any kind, the alien shall be fined under paragraphs (1) through (3) of section Treasury. under such title, imprisoned not more than 202 shall only be available for operationally (f) PROHIBITION.—Notwithstanding any 25 years, or both. effective designs deployed as of the date of other provision of law, none of the amounts ‘‘(c) REENTRY AFTER REPEATED REMOVAL.— Any alien who has been denied admission, the enactment of the Consolidated Appro- appropriated under this title may be repro- excluded, deported, or removed 3 or more priations Act, 2017 (Public Law 115–31), such grammed or transferred for any other activ- times and thereafter enters, attempts to as currently deployed steel bollard designs, ity within the Department of Homeland Se- enter, crosses the border to, attempts to that prioritize agent safety. curity. cross the border to, or is at any time found (b) INTERIM REPORT.—Not later than 90 SA 1971. Mr. GRAHAM submitted an in the United States, shall be fined under days after the date of the enactment of this title 18, United States Code, imprisoned not Act, the Secretary of Homeland Security amendment intended to be proposed by him to the bill H.R. 2579, to amend the more than 10 years, or both. shall submit an interim report to the Com- ‘‘(d) PROOF OF PRIOR CONVICTIONS.—The mittee on Appropriations of the Senate, the Internal Revenue Code of 1986 to allow prior convictions described in subsection (b) Committee on Homeland Security and Gov- the premium tax credit with respect to are elements of the crimes described, and the ernmental Affairs of the Senate, the Com- unsubsidized COBRA continuation cov- penalties in that subsection shall apply only mittee on Appropriations of the House of erage; which was ordered to lie on the in cases in which the conviction or convic- Representatives, the Committee on Home- table; as follows: tions that form the basis for the additional land Security of the House of Representa- At the appropriate place, insert the fol- penalty are— tives, and the Comptroller General of the lowing: ‘‘(1) alleged in the indictment or informa- United States that— tion; and (1) identifies, with respect to the physical SEC. lll. LIMITATION ON PARENTS OF CER- TAIN LONG-TERM RESIDENTS WHO ‘‘(2) proven beyond a reasonable doubt at barriers described in paragraphs (1) through ENTERED THE UNITED STATES AS trial or admitted by the defendant. (3) of section 202— CHILDREN. ‘‘(e) AFFIRMATIVE DEFENSES.—It shall be an (A) all necessary land acquisitions; An alien shall not be eligible to adjust sta- affirmative defense to a violation of this sec- (B) the total number of necessary con- tus to that of an alien lawfully admitted for tion that— demnation actions; and permanent residence based on a petition ‘‘(1) prior to the alleged violation, the alien (C) the precise number of landowners that filed by a child or a son or daughter of the had sought and received the express consent will be impacted by the construction of such alien if— of the Secretary of Homeland Security to re- physical barriers; (1) the child or son or daughter was grant- apply for admission into the United States; (2) contains a comprehensive plan to con- ed permanent resident status on a condi- or sult State and local elected officials on the tional basis under this Act; and ‘‘(2) with respect to an alien previously de- eminent domain and construction process re- (2) the alien knowingly assisted the child nied admission and removed, the alien— lating to such physical barriers; or son or daughter to enter the United States ‘‘(A) was not required to obtain such ad- (3) provides, after consultation with the unlawfully. vance consent under the Immigration and Secretary of the Interior and the Adminis- Nationality Act or any prior Act; and trator of the Environmental Protection SA 1972. Mr. GRAHAM submitted an ‘‘(B) had complied with all other laws and Agency, a comprehensive analysis of the en- amendment intended to be proposed by regulations governing the alien’s admission vironmental impacts of the construction and him to the bill H.R. 2579, to amend the into the United States. ‘‘(f) LIMITATION ON COLLATERAL ATTACK ON placement of such physical barriers along Internal Revenue Code of 1986 to allow the Southwest border, including barriers in UNDERLYING REMOVAL ORDER.—In a criminal the Santa Ana National Wildlife Refuge; and the premium tax credit with respect to proceeding under this section, an alien may (4) includes, for each barrier segment de- unsubsidized COBRA continuation cov- not challenge the validity of any prior re- scribed in paragraphs (1) through (3) of sec- erage; which was ordered to lie on the moval order concerning the alien. ‘‘(g) REENTRY OF ALIEN REMOVED PRIOR TO tion 202, a thorough analysis and comparison table; as follows: COMPLETION OF TERM OF IMPRISONMENT.—Any of alternatives to a physical barrier to deter- At the appropriate place, insert the fol- alien removed pursuant to section 241(a)(4) mine the most cost effective security solu- lowing: who enters, attempts to enter, crosses the tion, including— SEC. ll. ILLEGAL REENTRY. border to, attempts to cross the border to, or (A) underground sensors; (a) SHORT TITLE.—This section may be is at any time found in, the United States (B) infrared or other day/night cameras; cited as ‘‘Kate’s Law’’. shall be incarcerated for the remainder of (C) tethered or mobile aerostats; (b) REENTRY OF REMOVED ALIEN.—Section the sentence of imprisonment which was (D) drones or other airborne assets; 276 of the Immigration and Nationality Act pending at the time of deportation without (E) integrated fixed towers; and (8 U.S.C. 1326) is amended to read as follows: any reduction for parole or supervised re- (F) the deployment of additional border ‘‘SEC. 276. REENTRY OF REMOVED ALIEN. lease unless the alien affirmatively dem- personnel. ‘‘(a) REENTRY AFTER REMOVAL.—Any alien onstrates that the Secretary of Homeland (c) ANNUAL REPORTS.—Not later than 180 who has been denied admission, excluded, de- Security has expressly consented to the days after the date of the enactment of this ported, or removed, or who has departed the alien’s reentry. Such alien shall be subject to Act, and annually thereafter, the Secretary United States while an order of exclusion, such other penalties relating to the reentry of Homeland Security shall submit a report deportation, or removal is outstanding, and of removed aliens as may be available under containing all of the information required subsequently enters, attempts to enter, this section or any other provision of law. under paragraphs (1) through (4) of sub- crosses the border to, attempts to cross the ‘‘(h) DEFINITIONS.—For purposes of this sec- section (b) to the Committee on Appropria- border to, or is at any time found in the tion and section 275, the following defini- tions of the Senate, the Committee on Home- United States, shall be fined under title 18, tions shall apply: land Security and Governmental Affairs of United States Code, imprisoned not more ‘‘(1) CROSSES THE BORDER TO THE UNITED the Senate, the Committee on Appropria- than 2 years, or both. STATES.—The term ‘crosses the border’ refers tions of the House of Representatives, the ‘‘(b) REENTRY OF CRIMINAL OFFENDERS.— to the physical act of crossing the border, re- Committee on Homeland Security of the Notwithstanding the penalty provided in gardless of whether the alien is free from of- House of Representatives, and the Comp- subsection (a), if an alien described in that ficial restraint. troller General of the United States. subsection was convicted before such re- ‘‘(2) FELONY.—The term ‘felony’ means any (d) GAO EVALUATION.—Not later than 180 moval or departure— criminal offense punishable by a term of im- days after the date on which the Secretary of ‘‘(1) for 3 or more misdemeanors or for a prisonment of more than 1 year under the Homeland Security submits each report de- felony, the alien shall be fined under title 18, laws of the United States, any State, or a scribed in subsections (b) and (c), the Comp- United States Code, imprisoned not more foreign government. troller General of the United States shall than 10 years, or both; ‘‘(3) MISDEMEANOR.—The term ‘mis- submit an evaluation of the strengths and ‘‘(2) for a felony for which the alien was demeanor’ means any criminal offense pun- weaknesses of the report to the Committee sentenced to a term of imprisonment of not ishable by a term of imprisonment of not on Appropriations of the Senate, the Com- less than 30 months, the alien shall be fined more than 1 year under the applicable laws mittee on Homeland Security and Govern- under such title, imprisoned not more than of the United States, any State, or a foreign mental Affairs of the Senate, the Committee 15 years, or both; government. on Appropriations of the House of Represent- ‘‘(3) for a felony for which the alien was ‘‘(4) REMOVAL.—The term ‘removal’ in- atives, and the Committee on Homeland Se- sentenced to a term of imprisonment of not cludes any denial of admission, exclusion, curity of the House of Representatives. less than 60 months, the alien shall be fined deportation, or removal, or any agreement (e) RESCISSION.—Notwithstanding any under such title, imprisoned not more than by which an alien stipulates or agrees to ex- other provision of law, any amounts appro- 20 years, or both; or clusion, deportation, or removal.

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00159 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.024 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S1088 CONGRESSIONAL RECORD — SENATE February 14, 2018

‘‘(5) STATE.—The term ‘State’ means a means the apprehension of one or more indi- (3) PROTECTIONS AGAINST TRAFFICKING PRE- State of the United States, the District of viduals whom the Department has reason to SERVED.—Nothing in this subsection may be Columbia, and any commonwealth, territory, believe are removable from the United construed to impede, delay, or limit the obli- or possession of the United States.’’. States by the Secretary or a cooperating en- gations of the Secretary, the Attorney Gen- tity. eral, or the Secretary of Health and Human SA 1973. Mr. GRAHAM (for himself (8) PARENT.—The term ‘‘parent’’ means a Services under section 235 of the William and Mr. ROUNDS) submitted an amend- biological or adoptive parent of a child, Wilberforce Trafficking Victims Protection ment intended to be proposed by him whose parental rights have not been relin- Reauthorization Act of 2008 (8 U.S.C. 1232), to the bill H.R. 2579, to amend the In- quished or terminated under State law or the section 462 of the Homeland Security Act of ternal Revenue Code of 1986 to allow law of a foreign country, or a legal guardian 2002 (6 U.S.C. 279), or the Stipulated Settle- the premium tax credit with respect to under State law or the law of a foreign coun- ment Agreement filed in the United States try. unsubsidized COBRA continuation cov- District Court for the Central District of (9) SECRETARY.—The term ‘‘Secretary’’ California on January 17, 1997 (CV 85-4544- erage; which was ordered to lie on the means the Secretary of Homeland Security. RJK) (commonly known as the ‘‘Flores Set- table; as follows: (c) APPREHENSION PROCEDURES FOR IMMI- tlement Agreement’’). At the appropriate place, insert the fol- GRATION ENFORCEMENT-RELATED ACTIVI- lowing: TIES.— (d) ACCESS TO CHILDREN, STATE AND LOCAL COURTS, CHILD WELFARE AGENCIES, AND CON- SEC. lll. H–2B NONIMMIGRANT RETURNING (1) APPREHENSION PROCEDURES.—In any im- WORKERS. migration enforcement action, the Secretary SULAR OFFICIALS.—At all detention facilities, Section 214(g)(9) of the Immigration and and cooperating entities shall— the Secretary shall— Nationality Act (8 U.S.C. 1184(g)(9)) is (A) as soon as possible, but generally not (1) prominently post in a manner acces- amended— later than 2 hours after an immigration en- sible to detainees and visitors and include in (1) in subparagraph (A)— forcement action, inquire whether an indi- detainee handbooks information on the pro- (A) by striking ‘‘(B) and (C)’’ and inserting vidual is a parent or primary caregiver of a tections of this subtitle as well as informa- ‘‘(B), (C), and (D),’’; child in the United States and provide any tion on potential eligibility for parole or re- (B) by striking ‘‘fiscal year 2013, 2014, or such individuals with— lease; 2015’’ and inserting ‘‘any of the three pre- (i) the opportunity to make a minimum of (2) absent extraordinary circumstances, en- vious fiscal years’’; and 2 telephone calls to arrange for the care of sure that individuals who are detained by (C) by striking ‘‘fiscal year 2016’’ and in- such child in the individual’s absence; and the Department and are parents of children serting ‘‘the current fiscal year’’; and (ii) contact information for— in the United States are— (2) by inserting at the end the following (I) child welfare agencies and family courts (A) permitted regular phone calls and con- new subparagraph: in the same jurisdiction as the child; and tact visits with their children; ‘‘(D) The number of aliens considered to be (II) consulates, attorneys, and legal service (B) provided with contact information for returning workers under subparagraph (A) in providers capable of providing free legal ad- child welfare agencies and family courts in any fiscal year may not exceed the highest vice or representation regarding child wel- the relevant jurisdictions; number of nonimmigrants who participated fare, child custody determinations, and im- (C) able to participate fully and, to the ex- in the returning worker program in any fis- migration matters; tent possible, in person in all family court cal year in which returning workers were ex- (B) notify the child welfare agency with ju- proceedings and any other proceedings that empt from the numerical limitation under risdiction over the child if the child’s parent may impact their right to custody of their paragraph (1)(B).’’. or primary caregiver is unable to make care children; arrangements for the child or if the child is (D) granted free and confidential telephone SA 1974. Ms. SMITH submitted an in imminent risk of serious harm; calls to relevant child welfare agencies and amendment intended to be proposed by (C) ensure that personnel of the Depart- family courts as often as is necessary to en- her to the bill H.R. 2579, to amend the ment and cooperating entities do not, absent sure that the best interest of their children, Internal Revenue Code of 1986 to allow medical necessity or extraordinary cir- including a preference for family unity cumstances, compel or request children to whenever appropriate, can be considered in the premium tax credit with respect to interpret or translate for interviews of their unsubsidized COBRA continuation cov- child welfare agency or family court pro- parents or of other individuals who are en- ceedings; erage; which was ordered to lie on the countered as part of an immigration enforce- (E) able to fully comply with all family table; as follows: ment action; and court or child welfare agency orders impact- At the appropriate place, insert the fol- (D) ensure that any parent or primary ing custody of their children; lowing: caregiver of a child in the United States— (F) provided access to United States pass- SECTION ll. HELPING SEPARATED CHILDREN. (i) absent medical necessity or extraor- port applications or other relevant travel (a) SHORT TITLES.—This section may be dinary circumstances, is not transferred document applications for the purpose of ob- cited as the ‘‘Humane Enforcement and from his or her area of apprehension until taining travel documents for their children; Legal Protections for Separated Children the individual— (G) afforded timely access to a notary pub- Act’’ or the ‘‘HELP Separated Children Act’’. (I) has made arrangements for the care of lic for the purpose of applying for a passport (b) DEFINITIONS.—In this section: such child; or for their children or executing guardianship (1) APPREHENSION.—The term ‘‘apprehen- (II) if such arrangements are unavailable or other agreements to ensure the safety of sion’’ means the detention or arrest by offi- or the individual is unable to make such ar- their children; and cials of the Department or cooperating enti- rangements, is informed of the care arrange- (H) granted adequate time before removal ties. ments made for the child and of a means to to obtain passports, apostilled birth certifi- (2) CHILD.—The term ‘‘child’’ means an in- maintain communication with the child; cates, travel documents, and other necessary dividual who is younger than 18 years of age. (ii) absent medical necessity or extraor- records on behalf of their children if such (3) CHILD WELFARE AGENCY.—The term dinary circumstances, and to the extent children will accompany them on their re- ‘‘child welfare agency’’ means a State or practicable, is placed in a detention facility turn to their country of origin or join them local agency responsible for child welfare that is— in their country of origin; and services under subtitles B and E of title IV of (I) proximate to the location of apprehen- (3) if doing so would not impact public the Social Security Act (42 U.S.C. 601 et sion; and safety or national security, facilitate the seq.). (II) proximate to the child’s habitual place ability of detained alien parents and primary (4) COOPERATING ENTITY.—The term ‘‘co- of residence; and caregivers to share information regarding operating entity’’ means a State or local en- (iii) receives due consideration of the best travel arrangements with their consulate, tity acting under agreement with the Sec- interests of such child in any decision or ac- children, child welfare agencies, or other retary. tion relating to his or her detention, release, caregivers in advance of the detained alien (5) DEPARTMENT.—The term ‘‘Department’’ or transfer between detention facilities. individual’s departure from the United means the Department of Homeland Secu- (2) REQUESTS TO STATE AND LOCAL ENTI- States. rity. TIES.—If the Secretary requests a State or (6) DETENTION FACILITY.—The term ‘‘deten- local entity to hold in custody an individual (e) MANDATORY TRAINING.—The Secretary, tion facility’’ means a Federal, State, or whom the Department has reason to believe in consultation with the Secretary of Health local government facility, or a privately is removable pending transfer of that indi- and Human Services and independent child owned and operated facility, that is used, in vidual to the custody of the Secretary or to welfare and family law experts, shall develop whole or in part, to hold individuals under a detention facility, the Secretary shall also and provide training on the protections re- the authority of the Director of U.S. Immi- request that the State or local entity pro- quired under subsections (c) and (d) to all gration and Customs Enforcement, including vide the individual the protections specified personnel of the Department, cooperating facilities that hold such individuals under a in subparagraphs (A) and (B) of paragraph (1) entities, and detention facilities operated by contract or agreement with the Director. if that individual is found to be the parent or or under agreement with the Department (7) IMMIGRATION ENFORCEMENT ACTION.—The primary caregiver of a child in the United who regularly engage in immigration en- term ‘‘immigration enforcement action’’ States. forcement actions, including detention, and

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in the course of such actions come into con- (B) submit a report to the Committee on (6) VETERAN.—The term ‘‘veteran’’ has the tact with individuals who are parents or pri- Homeland Security and Governmental Af- meaning given such term under section 101(2) mary caregivers of children in the United fairs of the Senate and the Committee on of title 38, United States Code. States. Homeland Security of the House of Rep- SEC. lll3. RETURN OF NONCITIZEN VETERANS (f) RULEMAKING.—Not later than 180 days resentatives that describes the results of the REMOVED FROM THE UNITED after the date of the enactment of this Act, review conducted under subparagraph (A). STATES; STATUS FOR NONCITIZEN the Secretary shall promulgate regulations (c) PORTS OF ENTRY INFRASTRUCTURE EN- VETERANS IN THE UNITED STATES. to implement subsections (c) and (d). HANCEMENT REPORT.—Not later than 90 days (a) IN GENERAL.— (g) SEVERABILITY.—If any provision of this after the date of the enactment of this Act, (1) DUTIES OF SECRETARY.—Not later than section, any amendment made by this sec- the Commissioner of U.S. Customs and Bor- 180 days after the date of the enactment of tion, or the application of any such provision der Protection shall submit a report to the this Act, the Secretary shall— or amendment to any person or cir- Committee on Homeland Security and Gov- (A) establish a program and application cumstance is held to be unconstitutional, ernmental Affairs of the Senate and the procedure to permit— the remaining provisions of this section, the Committee on Homeland Security of the (i) a deported veteran who meets each re- remaining amendments made by this sec- House of Representatives that identifies— quirement under subsection (b) to enter the tion, and the application of such provisions (1) infrastructure improvements at ports of United States as an alien lawfully admitted and amendments to any person or cir- entry that would enhance the ability of Of- for permanent residence; and cumstance shall not be affected by such fice of Field Operations officers to interdict (ii) a noncitizen veteran in the United holding. opioids and other drugs that are being ille- States who meets each requirement under gally transported into the United States, in- subsection (b) to adjust status to that of an SA 1975. Mrs. MCCASKILL (for her- cluding a description of circumstances at alien lawfully admitted for permanent resi- self, Mr. TESTER, and Ms. HEITKAMP) specific ports of entry that prevent the im- dence; and submitted an amendment intended to plementation of technology used at other (B) cancel the removal of any noncitizen be proposed by her to the bill H.R. 2579, ports of entry; veteran ordered removed who meets each re- to amend the Internal Revenue Code of (2) detection equipment that would im- quirement under subsection (b) and allow the 1986 to allow the premium tax credit prove the ability of such Office of Field Oper- noncitizen veteran to adjust status to that of with respect to unsubsidized COBRA ations officers to identify opioids, including an alien lawfully admitted for permanent precursors and derivatives, that are being il- residence. continuation coverage; which was or- legally transported into the United States; dered to lie on the table; as follows: (2) NO NUMERICAL LIMITATIONS.—Nothing in and this section or in any other law may be con- At the appropriate place, insert the fol- (3) safety equipment that would protect strued to apply a numerical limitation on lowing: such Office of Field Operations officers from the number of veterans who may be eligible SEC. ll. BORDER AND PORT SECURITY. accidental exposure to such drugs or other to receive a benefit under paragraph (1). (a) SHORT TITLE.—This section may be dangers associated with the inspection of po- (b) ELIGIBILITY.— cited as the ‘‘Border and Port Security Act’’. tential drug traffickers. (1) IN GENERAL.—Notwithstanding any (b) ADDITIONAL U.S. CUSTOMS AND BORDER (d) AUTHORIZATION OF APPROPRIATIONS.— other provision of law, including sections 212 PROTECTION PERSONNEL.— There is authorized to be appropriated to and 237 of the Immigration and Nationality (1) OFFICERS.—The Commissioner of U.S. carry out this section $69,520,000 for each of Act (8 U.S.C. 1182 and 1227), a veteran shall Customs and Border Protection shall hire, the fiscal years 2018 through 2024. be eligible to participate in the program es- train, and assign not fewer than 500 new Of- SA 1976. Ms. DUCKWORTH (for her- tablished under subsection (a)(1)(A), or for fice of Field Operations officers above the cancellation of removal under subsection current authorized level every fiscal year self and Mr. WYDEN) submitted an (a)(1)(B), if the Secretary determines that until the total number of Office of Field Op- amendment intended to be proposed by the veteran— erations officers equals the requirements her to the bill H.R. 2579, to amend the (A) was not ordered removed, or removed, identified each year in the Workload Staff- Internal Revenue Code of 1986 to allow from the United States due to a criminal ing Model. the premium tax credit with respect to conviction for— (2) SUPPORT STAFF.—The Commissioner is unsubsidized COBRA continuation cov- (i) a crime of violence; or authorized to hire, train, and assign support erage; which was ordered to lie on the (ii) a crime that endangers the national se- staff, including technicians, to perform non- table; as follows: curity of the United States for which the law enforcement administrative functions to noncitizen has served a term of imprison- support the new Office of Field Operations At the appropriate place, insert the fol- lowing: ment of at least 5 years; and officers hired pursuant to paragraph (1). (B) is not inadmissible to, or deportable — (3) TRAFFIC FORECASTS.—In calculating the Subtitle ll Visas for Veterans from, the United States due to a criminal number of Office of Field Operations officers SEC. lll1. SHORT TITLE. conviction described in subparagraph (A). needed at each port of entry through the This subtitle may be cited as the ‘‘Vet- (2) WAIVER.—The Secretary may waive the Workload Staffing Model, the Office of Field erans Visa and Protection Act of 2018’’. application of paragraph (1)— Operations shall— SEC. lll2. DEFINITIONS. (A) for humanitarian purposes; (A) rely on data collected regarding the in- In this subtitle: (B) to ensure family unity; spections and other activities conducted at (1) CRIME OF VIOLENCE.—The term ‘‘crime (C) due to exceptional service in the United each such port of entry; and of violence’’ means an offense defined in sec- States Armed Forces; or (B) consider volume from seasonal surges, tion 16 of title 18, United States Code— (D) if such waiver otherwise is in the pub- other projected changes in commercial and (A) that is not a purely political offense; lic interest. passenger volumes, the most current com- and SEC. lll4. PROTECTING VETERANS AND SERV- mercial forecasts, and other relevant infor- (B) for which the noncitizen has served a ICE MEMBERS FROM REMOVAL. mation. term of imprisonment of at least 5 years. Notwithstanding any other provision of (4) REPORT ON WORKLOAD STAFFING MODEL (2) DEPORTED VETERAN.—The term ‘‘de- law, including section 237 of the Immigration UPDATES.—As part of the Annual Report on ported veteran’’ means a veteran who— and Nationality Act (8 U.S.C. 1227), a noncit- Staffing required under section 411(g)(5)(A) (A) is a noncitizen; and izen who is a veteran or service member may of the Homeland Security Act of 2002 (6 (B)(i) was removed from the United States; not be removed from the United States un- U.S.C. 211(g)(5)(A)), the Commissioner shall or less the noncitizen has a criminal conviction include information concerning the progress (ii) is abroad and is inadmissible under sec- for a crime of violence. made toward meeting Office of Field Oper- tion 212(a) of the Immigration and Nation- SEC. lll5. NATURALIZATION THROUGH SERV- ations officer and support staff hiring tar- ality Act (8 U.S.C. 1182(a)). ICE IN THE ARMED FORCES OF THE gets, while accounting for attrition. (3) NONCITIZEN.—The term ‘‘noncitizen’’ UNITED STATES. (5) GAO REPORT.—If the Commissioner does means an individual who is not a national of An alien who has obtained the status of an not hire the 500 additional Office of Field Op- the United States, as defined in section alien lawfully admitted for permanent resi- erations officers authorized under paragraph 101(a)(22) of the Immigration and Nationality dence pursuant to section lll3(a) shall be (1) in fiscal year 2020, or in any subsequent Act (8 U.S.C. 1101(a)(22)). eligible for naturalization through service in fiscal year in which the hiring requirements (4) SECRETARY.—The term ‘‘Secretary’’ the Armed Forces of the United States under set forth in the Workload Staffing Model means the Secretary of Homeland Security. sections 328 and 329 of the Immigration and have not been achieved, the Comptroller (5) SERVICE MEMBER.—The term ‘‘service Nationality Act (8 U.S.C. 1439 and 1440), ex- General of the United States shall— member’’ means an individual who is serving cept that— (A) conduct a review of U.S. Customs and as— (1) when determining whether the noncit- Border Protection hiring practices to deter- (A) a member of a regular or reserve com- izen is a person of good moral character, dis- mine the reasons that such requirements ponent of the Armed Forces of the United regard the ground on which the noncitizen were not achieved and other issues related to States on active duty; or was— hiring by U.S. Customs and Border Protec- (B) a member of a reserve component of (A) ordered removed, or was removed, from tion; and the Armed Forces in an active status. the United States; or

VerDate Sep 11 2014 04:36 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00161 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.027 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S1090 CONGRESSIONAL RECORD — SENATE February 14, 2018 (B) rendered inadmissible to, or deportable At the appropriate place, insert the fol- the Internal Revenue Code of 1986 to from, the United States; and lowing: allow the premium tax credit with re- (2) any period of absence from the United SEC. lll. IDENTIFYING ALIENS CONNECTED TO spect to unsubsidized COBRA continu- States due to the noncitizen having been re- THE ARMED FORCES. ation coverage; which was ordered to moved, or being inadmissible, shall be dis- Upon an alien’s application for an immi- regarded when determining if the noncitizen gration benefit or the placement of such lie on the table; as follows: satisfies any requirement relating to contin- alien in an immigration enforcement pro- At the appropriate place, insert the fol- uous residence or physical presence. ceeding, the Secretary of Homeland Security lowing: SEC. lll6. ACCESS TO MILITARY BENEFITS. shall— SEC. lll. PERMANENT RESIDENT STATUS FOR An alien who has obtained the status of an (1) determine if the alien is serving, or has MIGUEL ANGEL PEREZ-MONTES, JR. alien lawfully admitted for permanent resi- served, as a member of— (a) IN GENERAL.—Notwithstanding sub- dence pursuant to section lll3(a) shall be (A) a regular or reserve component of the sections (a) and (b) of section 201 of the Im- eligible for all military and veterans benefits Armed Forces of the United States on active migration and Nationality Act (8 U.S.C. for which the noncitizen would have been eli- duty; or 1151), on filing an application for issuance of gible if, from the United States, the noncit- (B) a reserve component of the Armed an immigrant visa under section 204 of that izen had never— Forces in an active status; and Act (8 U.S.C. 1154) or for adjustment of sta- (a) been ordered removed; (2) annotate every immigration and natu- tus to lawful permanent resident, Miguel (b) been removed; or ralization record of the Department of Angel Perez-Montes, Jr., shall be eligible for (c) voluntarily departed. Homeland Security relating to an alien de- issuance of an immigrant visa or for adjust- SEC. lll7. IMPLEMENTATION. scribed in paragraph (1) to— ment of status to that of an alien lawfully (a) IDENTIFICATION.—The Secretary shall (A) reflect that membership; and admitted for permanent residence. identify cases involving any service member (B) afford an opportunity to track the out- (b) ADJUSTMENT OF STATUS.—If Miguel or veteran at risk of removal from the comes for each alien. Angel Perez-Montes, Jr., enters the United United States by— States before the date of the filing deadline (1) inquiring of every noncitizen processed SA 1978. Ms. DUCKWORTH submitted described in subsection (c), the alien shall prior to initiating a removal proceeding an amendment intended to be proposed be— whether the noncitizen is serving, or has by her to the bill H.R. 2579, to amend (1) considered to have entered and re- served— mained lawfully in the United States; and (A) as a member of a regular or reserve the Internal Revenue Code of 1986 to allow the premium tax credit with re- (2) eligible for adjustment of status under component of the Armed Forces of the section 245 of the Immigration and Nation- United States on active duty; or spect to unsubsidized COBRA continu- ality Act (8 U.S.C. 1255) as of the date of en- (B) as a member of a reserve component of ation coverage; which was ordered to actment of this Act, if the alien is otherwise the Armed Forces in an active status; lie on the table; as follows: eligible for adjustment of status under that (2) requiring U.S. Immigration and Cus- At the appropriate place, insert the fol- section. toms Enforcement personnel to seek super- lowing: (c) DEADLINE FOR APPLICATION AND PAY- visory approval prior to initiating a removal SEC. lll. PAROLE FOR CERTAIN VETERANS. MENT OF FEES.—Subsections (a) and (b) shall proceeding against a service member or vet- Section 212(d)(5) of the Immigration and apply only if the application for issuance of eran; and Nationality Act (8 U.S.C. 1182(d)(5)) is an immigrant visa or the application for ad- (3) keeping records of any service member amended— justment of status is filed, together with the or veteran who has— (1) in subparagraph (A), by inserting ‘‘or applicable fees, not later than 2 years after (A) had removal proceedings initiated (C)’’ after ‘‘(B)’’; the date of enactment of this Act. against them; (2) by striking ‘‘Attorney General’’ each (d) REDUCTION OF IMMIGRANT VISA NUM- (B) been detained; or place such term appears and inserting ‘‘Sec- BER.—On the granting of an immigrant visa (C) been removed. retary of Homeland Security’’; and or permanent residence to Miguel Angel (b) RECORD ANNOTATION.— (3) by adding the following: Perez-Montes, Jr., the Secretary of State (1) IN GENERAL.—When the Secretary has shall instruct the proper officer to reduce by identified a case under subsection (a), the ‘‘(C)(i) The Secretary of Homeland Secu- 1, during the current or next following fiscal Secretary shall annotate all immigration rity may parole any alien qualified under year— and naturalization records of the Depart- clause (ii) into the United States— (1) the total number of immigrant visas ment of Homeland Security relating to the ‘‘(I) at the discretion of the Secretary; that are made available to natives of the noncitizen involved to— ‘‘(II) on a case-by-case basis; and country of birth of the alien under section (A) reflect that identification; and ‘‘(III) temporarily under such conditions as 203(a) of the Immigration and Nationality (B) afford an opportunity to track the out- the Secretary may prescribe. ‘‘(ii) To qualify for parole under clause (i) Act (8 U.S.C. 1153(a)); or comes for the noncitizen. an alien applying for admission to the (2) if applicable, the total number of immi- (2) ANNOTATIONS.—Each annotation under United States shall— grant visas that are made available to na- paragraph (1) shall include— ‘‘(I) be a veteran (as defined in section tives of the country of birth of the alien (A) the branch of military service in which 101(2) of title 38, United States Code); under section 202(e) of that Act (8 U.S.C. each noncitizen served; ‘‘(II) seek parole to receive health care fur- 1152(e)). (B) whether or not the noncitizen is serv- nished by the Secretary of Veterans Affairs ing, or has served, during a period of mili- under chapter 17 of title 38, United States Ms. DUCKWORTH submitted tary hostilities described in section 329 of SA 1980. Code; and the Immigration and Nationality Act (8 an amendment intended to be proposed ‘‘(III) be outside of the United States pur- U.S.C. 1440); by her to the bill H.R. 2579, to amend suant to having been ordered removed or vol- (C) the immigration status of each noncit- the Internal Revenue Code of 1986 to untarily departed from the United States izen at the time of enlistment; allow the premium tax credit with re- under section 240B. (D) whether the noncitizen is serving hon- ‘‘(iii) Parole of an alien under clause (i) spect to unsubsidized COBRA continu- orably or was separated under honorable shall not be regarded as an admission of the ation coverage; which was ordered to conditions; alien. lie on the table; as follows: (E) the basis for which removal was ‘‘(iv) If the Secretary of Homeland Secu- sought; and At the appropriate place, insert the fol- rity determines that the purposes of such pa- (F) the crime for which conviction was ob- lowing: role have been served, the alien shall forth- tained if the basis for removal was a crimi- SEC. lll. ESTABLISHMENT AND USE OF NATU- with return or be returned to the custody nal conviction. RALIZATION OFFICES AT INITIAL from which the alien was paroled. MILITARY TRAINING SITES. SEC. lll8. REGULATIONS. ‘‘(v) Parole shall not be available under (a) DEFINITION.—In this section, the term Not later than 90 days after the date of the clause (i) for an alien who is inadmissible enactment of this Act, the Secretary shall ‘‘Secretary concerned’’ has the meaning due to a criminal conviction— given that term in section 101(a) of title 10, promulgate regulations to implement this ‘‘(I)(aa) for a crime of violence (as defined subtitle. United States Code. in section 16 of title 18, United States Code), (b) IN GENERAL.—Not later than 1 year SA 1977. Ms. DUCKWORTH submitted excluding a purely political offense; or after the date of enactment of this Act, the an amendment intended to be proposed ‘‘(bb) for a crime that endangers the na- Secretary of Defense, and the Secretary of tional security of the United States; and Homeland Security with respect to the Coast by her to the bill H.R. 2579, to amend ‘‘(II) for which the alien has served a term the Internal Revenue Code of 1986 to Guard, shall establish a naturalization office of imprisonment of at least 5 years.’’. at each initial military training site of the allow the premium tax credit with re- Armed Forces under the jurisdiction of the spect to unsubsidized COBRA continu- SA 1979. Ms. DUCKWORTH submitted respective Secretary. ation coverage; which was ordered to an amendment intended to be proposed (c) OUTREACH.—In coordination with the lie on the table; as follows: by her to the bill H.R. 2579, to amend Under Secretary of Defense for Personnel

VerDate Sep 11 2014 05:05 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00162 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.028 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S1091 and Readiness and the Director of U.S. Citi- for which data is available, categorized by alien in the United States knowing that the zenship and Immigration Services, each Sec- country in which the naturalization cere- alien is (or has become) an unauthorized retary concerned shall, to the maximum ex- mony took place; and alien with respect to such employment. tent practicable— (3) the number of Armed Forces member’s ‘‘(B) PROHIBITION ON CONSIDERATION OF PRE- (1) identify each member of the Armed spouses who became naturalized United VIOUS UNAUTHORIZED STATUS.—Nothing in Forces overseen by such Secretary who is States citizens during the most recent year this section may be construed to prohibit the not a citizen of the United States; for which data is available, categorized by employment of an individual who is author- (2) inform each noncitizen member of the country in which the naturalization cere- ized for employment in the United States if Armed Forces overseen by such Secretary mony took place. such individual was previously an unauthor- about— (h) REGULATIONS.—Each Secretary con- ized alien. (A) the existence of a naturalization office cerned shall prescribe in regulation a defini- ‘‘(3) USE OF LABOR THROUGH CONTRACT.—For at each initial military training site; tion of the term ‘‘initial military training purposes of this section, any employer that (B) the continuous availability of each nat- site’’ for purposes of this section. uses a contract, subcontract, or exchange to uralization office throughout the career of a obtain the labor of an alien in the United member of the Armed Forces to— SA 1981. Ms. DUCKWORTH (for her- States while knowing that the alien is an un- (i) evaluate the extent to which a noncit- self and Mr. MARKEY) submitted an authorized alien with respect to performing izen member of the Armed Forces is eligible amendment intended to be proposed by such labor shall be considered to have hired to become a naturalized citizen; and her to the bill H.R. 2579, to amend the the alien for employment in the United (ii) assess the suitability for citizenship of Internal Revenue Code of 1986 to allow States in violation of paragraph (1)(A). a noncitizen member of the Armed Forces; ‘‘(4) USE OF STATE EMPLOYMENT AGENCY (C) each potential pathway to citizenship; the premium tax credit with respect to unsubsidized COBRA continuation cov- DOCUMENTATION.—For purposes of paragraphs (D) each service a naturalization office (1)(B), (5), and (6), an employer shall be provides; erage; which was ordered to lie on the deemed to have complied with the require- (E) the required length of service to obtain table; as follows: ments under subsection (c) with respect to citizenship during— At the appropriate place, insert the fol- the hiring of an individual who was referred (i) peacetime; and lowing: for such employment by a State employment (ii) a period of hostility; and SEC. lll. PROHIBITION ON DEPORTATION OR agency (as defined by the Secretary) if the (F) the application process for citizenship, REMOVAL OF DEFERRED ACTION employer has and retains (for the period and including— FOR CHILDHOOD ARRIVALS PRO- in the manner described in subsection (c)(3)) (i) details of the application process; GRAM PARTICIPANTS WHO ARE CUR- appropriate documentation of such referral (ii) required application materials; RENT OR FORMER MEMBERS OF THE by such agency, certifying that such agency (iii) requirements for a naturalization ARMED FORCES. has complied with the procedures described interview; and (a) PROHIBITION.—The Secretary of Home- in subsection (c) with respect to the individ- (iv) any other information required to be- land Security may not deport or remove any ual’s referral. An employer that relies on a come a citizen under the Immigration and alien who was granted DACA if the alien is a State agency’s certification of compliance Nationality Act (8 U.S.C. 1101 et seq.). current or former member of the Armed with subsection (c) under this paragraph (d) TIMING.—Each Secretary concerned Forces. may utilize and retain the State agency’s shall complete the notifications required (b) DEFINITIONS.—In this section: certification of compliance with the proce- under subsection (c)— (1) The term ‘‘DACA’’ means deferred ac- dures described in subsection (d), if any, in (1) during every stage of basic training; tion pursuant to the Deferred Action for the manner provided under this paragraph. (2) during training for any military occu- Childhood Arrivals program announced by ‘‘(5) GOOD FAITH DEFENSE.— pational specialty; President Obama on June 15, 2012. ‘‘(A) DEFENSE.—An employer, person, or (3) at each school of professional military (2) The term ‘‘Armed Forces’’ has the entity that hires, employs, recruits, or refers education; meaning given the term ‘‘armed forces’’ in individuals for employment in the United (4) upon each transfer of a duty station; section 101(a)(4) of title 10, United States States, or is otherwise obligated to comply and Code, and includes the reserve components of with the requirements under this section and (5) at any other time determined appro- the Armed Forces. establishes good faith compliance with the priate by the Secretary concerned. requirements under paragraphs (1) through (e) TRAINED PERSONNEL.— SA 1982. Mr. PORTMAN submitted an (4) of subsection (c) and subsection (d)— (1) AVAILABILITY.—Each Secretary con- amendment intended to be proposed to ‘‘(i) has established an affirmative defense cerned shall retain trained personnel at a amendment SA 1959 proposed by Mr. naturalization office at every initial mili- that the employer, person, or entity has not tary training site to provide appropriate GRASSLEY (for himself, Mrs. ERNST, Mr. violated paragraph (1)(A) with respect to hir- services to every member of the Armed TILLIS, Mr. LANKFORD, Mr. COTTON, Mr. ing and employing; and Forces who is not a citizen of the United PERDUE, Mr. CORNYN, Mr. ALEXANDER, ‘‘(ii) has established compliance with its States. and Mr. ISAKSON) to the bill H.R. 2579, obligations under subparagraph (A) and (B) of paragraph (1) and subsection (c) unless the (2) TRAINING.—All personnel retained under to amend the Internal Revenue Code of Secretary demonstrates by clear and con- paragraph (1) shall be familiar with— 1986 to allow the premium tax credit (A) the special provisions of the Immigra- vincing evidence that the employer had with respect to unsubsidized COBRA knowledge that an individuals hired, em- tion and Nationality Act (8 U.S.C. 1101 et continuation coverage; which was or- seq.) authorizing the expedited application ployed, recruited, or referred by the em- and naturalization process for current mem- dered to lie on the table; as follows: ployer, person, or entity is an unauthorized bers of the Armed Forces and veterans; Strike title II and insert the following: alien. ‘‘(B) EXCEPTION FOR CERTAIN EMPLOYERS.— (B) the application process for naturaliza- TITLE II—INTERIOR ENFORCEMENT An employer who is not required to partici- tion and associated application materials; SEC. 2001. UNLAWFUL EMPLOYMENT OF UNAU- and pate in the System or who is participating in THORIZED ALIENS. the System on a voluntary basis pursuant to (C) the naturalization process adminis- (a) IN GENERAL.—Section 274A of the Immi- tered by U.S. Citizenship and Immigration subsection (d)(2)(J) has established an af- gration and Nationality Act (8 U.S.C. 1324a) firmative defense under subparagraph (A) Services. is amended to read as follows: (f) ASSIGNMENT PREFERENCE.—The Sec- and need not demonstrate compliance with retary concerned, to the extent practicable, ‘‘SEC. 274A. UNLAWFUL EMPLOYMENT OF ALIENS. the requirements under subsection (d). shall assign each new member of the Armed ‘‘(a) MAKING EMPLOYMENT OF UNAUTHOR- ‘‘(6) GOOD FAITH COMPLIANCE.— Forces who is not a citizen of the United IZED ALIENS UNLAWFUL.— ‘‘(A) IN GENERAL.—Except as otherwise pro- States to an initial military training site ‘‘(1) IN GENERAL.—It is unlawful for an em- vided in this subsection, an employer, per- that has a naturalization office. ployer— son, or entity is considered to have complied (g) REPORTING REQUIREMENT.—The Direc- ‘‘(A) to hire, recruit, or refer for a fee an with a requirement under this subsection tor of the U.S. Citizenship and Immigration alien for employment in the United States notwithstanding a technical or procedural Services shall annually publish, on a pub- knowing that the alien is an unauthorized failure to meet such requirement if there licly accessible website— alien with respect to such employment; or was a good faith attempt to comply with the (1) the number of members of the Armed ‘‘(B) to hire, recruit, or refer for a fee for requirement. Forces who became naturalized United employment in the United States an indi- ‘‘(B) EXCEPTION IF FAILURE TO CORRECT States citizens during the most recent year vidual without complying with the require- AFTER NOTICE.—Subparagraph (A) shall not for which data is available, categorized by ments under subsections (c) and (d). apply if— country in which the naturalization cere- ‘‘(2) CONTINUING EMPLOYMENT.— ‘‘(i) the failure is not de minimis; mony took place; ‘‘(A) PROHIBITION ON CONTINUED EMPLOY- ‘‘(ii) the Secretary of Homeland Security (2) the number of Armed Forces member’s MENT OF UNAUTHORIZED ALIENS.—It is unlaw- has explained to the employer, person, or en- children who became naturalized United ful for an employer, after hiring an alien for tity the basis for the failure and why it is States citizens during the most recent year employment, to continue to employ the not de minimis;

VerDate Sep 11 2014 05:05 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00163 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.029 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S1092 CONGRESSIONAL RECORD — SENATE February 14, 2018 ‘‘(iii) the employer, person, or entity has labor relations, workplace health and safety, formation relating to the individual as the been provided a period of not less than 30 work-related injuries, nondiscrimination, Secretary determines, by regulation, to be days (beginning after the date of the expla- and retaliation for exercising rights under sufficient for the purposes of this subpara- nation) to correct the failure; and such laws. graph; ‘‘(iv) the employer, person, or entity has ‘‘(c) DOCUMENT VERIFICATION REQUIRE- ‘‘(II) is evidence of employment authorized not corrected the failure voluntarily within MENTS.—Any employer hiring an individual status; and such period. for employment in the United States shall ‘‘(III) contains security features to make ‘‘(C) EXCEPTION FOR PATTERN OR PRACTICE comply with the following requirements and the document resistant to tampering, coun- VIOLATORS.—Subparagraph (A) shall not the requirements under subsection (d) to terfeiting, and fraudulent use. apply to an employer, person, or entity that verify that the individual has employment ‘‘(iii) An enhanced driver’s license or iden- has engaged or is engaging in a pattern or authorized status. tification card issued to a national of the ‘‘(1) ATTESTATION AFTER EXAMINATION OF practice of violations of paragraph (1)(A) or United States by a State, an outlying posses- DOCUMENTATION.— (2). sion of the United States, or a federally rec- ‘‘(A) IN GENERAL.— ‘‘(7) PRESUMPTION.—After the date on ognized Indian tribe that— ‘‘(i) EXAMINATION BY EMPLOYER.—An em- which an employer is required to participate ‘‘(I) meets the requirements under section ployer shall attest, under penalty of perjury in the System under subsection (d), the em- 202 of the REAL ID Act of 2005 (division B of ployer is presumed to have acted with on a form prescribed by the Secretary, that the employer has verified the identity and Public Law 109–13; 49 U.S.C. 30301 note); and knowledge for purposes of paragraph (1)(A) if ‘‘(II) the Secretary has certified by notice the employer hires, employs, recruits, or re- employment authorization status of the indi- published in the Federal Register and fers an employee for a fee and fails to make vidual— through appropriate notice directly to em- an inquiry to verify the employment author- ‘‘(I) by examining— ployers registered in the System 3 months ization status of the employee through the ‘‘(aa) a document specified in subparagraph prior to publication that such enhanced li- System. (C); or cense or card is suitable for use under this ‘‘(8) CONTINUED APPLICATION OF WORKFORCE ‘‘(bb) a document specified in subparagraph subparagraph based upon the accuracy and AND LABOR PROTECTION REMEDIES DESPITE UN- (D) and a document specified in subpara- security of the issuance process, security AUTHORIZED EMPLOYMENT.— graph (E); and features on the document, and such other ‘‘(A) IN GENERAL.—Subject only to subpara- ‘‘(II) by using an identity authentication graph (B), all rights and remedies provided mechanism described in clause (iii) or (iv) of factors as the Secretary may prescribe. under any Federal, State, or local law relat- subparagraph (F). ‘‘(iv) A passport issued by the appropriate ing to workplace rights, including but not ‘‘(ii) PUBLICATION OF DOCUMENTS.—The Sec- authority of a foreign country accompanied limited to back pay, are available to an em- retary shall publish a picture of each docu- by a Form I–94 or Form I–94A (or similar suc- ployee despite— ment specified in subparagraphs (C) and (E) cessor record), or other documentation as ‘‘(i) the employee’s status as an unauthor- on the U.S. Citizenship and Immigration designated by the Secretary that specifies ized alien during or after the period of em- Services website. the individual’s status in the United States ployment; or ‘‘(B) REQUIREMENTS.— and the duration of such status if the pro- ‘‘(ii) the employer’s or employee’s failure ‘‘(i) FORM.—The form referred to in sub- posed employment is not in conflict with any to comply with the requirements of this sec- paragraph (A)(i)— restriction or limitation specified on such tion. ‘‘(I) shall be prescribed by the Secretary form or documentation. ‘‘(B) REINSTATEMENT.—Reinstatement shall not later than 6 months after the date of the ‘‘(v) A passport issued by the Federated be available to individuals who— enactment of the SECURE and SUCCEED States of Micronesia or the Republic of the ‘‘(i) are authorized to work in the United Act; Marshall Islands with evidence of non- States at the time such relief is ordered or ‘‘(II) shall be available as— immigrant admission to the United States effectuated; or ‘‘(aa) a paper form; under the Compact of Free Association be- ‘‘(ii) lost employment-authorized status ‘‘(bb) a form that may be completed by an tween the United States and the Federated due to the unlawful acts of the employer employer via telephone or video conference; States of Micronesia or the Republic of the under this section. ‘‘(cc) an electronic form; or Marshall Islands. ‘‘(b) DEFINITIONS.—In this section: ‘‘(dd) a form that is integrated electroni- ‘‘(D) DOCUMENTS ESTABLISHING IDENTITY OF ‘‘(1) COMMISSIONER.—The term ‘Commis- cally with the requirements under subpara- INDIVIDUAL.—A document is specified in this sioner’ means the Commissioner of Social graph (F) and subsection (d). subparagraph if the document is unexpired Security. ‘‘(ii) ATTESTATION.—Each such form shall (unless the validity of the document is ex- ‘‘(2) DEPARTMENT.—Except as otherwise require the employer to sign an attestation tended by law) and is 1 of the following: provided, the term ‘Department’ means the with a handwritten, electronic, or digital ‘‘(i) A driver’s license or identity card that Department of Homeland Security. signature, according to standards prescribed is not described in subparagraph (C)(iii) and ‘‘(3) EMPLOYER.—The term ‘employer’ by the Secretary. is issued to an individual by a State or an means any person or entity, including an ‘‘(iii) COMPLIANCE.—An employer has com- outlying possession of the United States, a agency or department of a Federal, State, or plied with the requirements under this para- federally recognized Indian tribe, or an agen- local government, an agent, or a System graph with respect to examination of the cy (including military) of the Federal Gov- service provider acting on behalf of an em- documents included in subclauses (I) and (II) ernment if the driver’s license or identity ployer, that hires, employs, recruits, or re- of subparagraph (A)(i) if— card includes, at a minimum— fers for a fee an individual for employment ‘‘(I) the employer has, in good faith, fol- ‘‘(I) the individual’s photograph, name, in the United States that is not casual, spo- lowed applicable regulations and any written date of birth, gender, and driver’s license or radic, irregular, or intermittent (as defined procedures or instructions provided by the identification card number; and by the Secretary). Secretary; and ‘‘(II) security features to make the license ‘‘(4) EMPLOYMENT AUTHORIZED STATUS.— ‘‘(II) a reasonable person would conclude or card resistant to tampering, counter- The term ‘employment authorized status’ that the documentation is genuine and re- feiting, and fraudulent use. means, with respect to an individual, that lates to the individual presenting such docu- ‘‘(ii) A voter registration card. the individual is authorized to be employed mentation. ‘‘(iii) A document that complies with the in the United States under the immigration ‘‘(C) DOCUMENTS ESTABLISHING IDENTITY requirements under section 7209(b)(1) of the laws of the United States. AND EMPLOYMENT AUTHORIZED STATUS.—A Intelligence Reform and Terrorism Preven- ‘‘(5) SECRETARY.—Except as otherwise spe- document is specified in this subparagraph if tion Act of 2004 (Public Law 108–458; 8 U.S.C. cifically provided, the term ‘Secretary’ the document is unexpired (unless the valid- 1185 note). means the Secretary of Homeland Security. ity of the document is extended by law) and ‘‘(iv) For individuals under 18 years of age ‘‘(6) SYSTEM.—The term ‘System’ means is 1 of the following: who are unable to present a document listed the Employment Verification System estab- ‘‘(i) A United States passport or passport in clause (i) or (ii), documentation of per- lished under subsection (d). card issued to an individual pursuant to the sonal identity of such other type as the Sec- ‘‘(7) UNAUTHORIZED ALIEN.—The term ‘un- Secretary of State’s authority under the Act retary determines will provide a reliable authorized alien’ means an alien who, with entitled ‘An Act to regulate the issue and va- means of identification, which may include respect to employment in the United States lidity of passports, and for other purposes’, an attestation as to the individual’s identity at a particular time— approved July 3, 1926 (22 U.S.C. 211a). by a parent or legal guardian under penalty ‘‘(A) is not lawfully admitted for perma- ‘‘(ii) A document issued to an alien evi- of perjury. nent residence; or dencing that the alien is lawfully admitted ‘‘(E) DOCUMENTS EVIDENCING EMPLOYMENT ‘‘(B) is not authorized to be employed for permanent residence or another docu- AUTHORIZATION.—A document is specified in under this Act or by the Secretary. ment issued to an individual evidencing the this subparagraph if the document is unex- ‘‘(8) WORKPLACE RIGHTS.—The term ‘work- individual’s employment authorized status, pired (unless the validity of the document is place rights’ means rights guaranteed under as designated by the Secretary, if the docu- extended by law) and is 1 of the following: Federal, State, or local labor or employment ment— ‘‘(i) A social security account number card laws, including laws concerning wages and ‘‘(I) contains a photograph of the indi- issued by the Commissioner, other than a hours, benefits and employment standards, vidual, or such other personal identifying in- card which specifies on its face that the card

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is not valid to evidence employment author- ‘‘(I) USE REQUIREMENT.—An employer seek- ‘‘(i) may allow the use of that document or ized status or has other similar words of lim- ing to hire an individual whose identity is class of documents for purposes of this sub- itation. not able to be verified using the photo tool section after publication in the Federal Reg- ‘‘(ii) Any other documentation evidencing described in clause (iii) because the em- ister and an opportunity for public comment; employment authorized status that the Sec- ployee did not present a covered document ‘‘(ii) shall publish a description of any such retary determines and publishes in the Fed- for employment eligibility verification pur- document or class of documents on the U.S. eral Register and through appropriate notice poses shall verify the identity of such indi- Citizenship and Immigration Services directly to employers registered within the vidual using the additional security meas- website; and System to be acceptable for purposes of this ures described in subclause (II). ‘‘(iii) shall directly notify all employers subparagraph if such documentation, includ- ‘‘(II) DEVELOPMENT REQUIREMENT.—The registered within the System of the addition ing any electronic security measures linked Secretary shall develop, after publication in through appropriate means. to such documentation, contains security the Federal Register and an opportunity for ‘‘(2) INDIVIDUAL ATTESTATION OF EMPLOY- features to make such documentation resist- public comment, specific and effective addi- MENT AUTHORIZATION.—An individual, upon ant to tampering, counterfeiting, and fraud- tional security measures to adequately commencing employment with an employer, ulent use. verify the identity of an individual whose shall— ‘‘(F) IDENTITY AUTHENTICATION MECHA- identity is not able to be verified using the ‘‘(A) attest, under penalty of perjury, on NISM.— photo tool described in clause (iii). Such ad- the form prescribed by the Secretary, that ‘‘(i) DEFINITIONS.—In this subparagraph: ditional security measures— the individual is— ‘‘(I) COVERED IDENTITY DOCUMENT.—The ‘‘(i) a citizen of the United States; ‘‘(aa) shall be kept up-to-date with techno- term ‘covered identity document’ means a ‘‘(ii) an alien lawfully admitted for perma- logical advances; valid— nent residence; ‘‘(bb) shall provide a means of identity au- ‘‘(aa) United States passport, passport ‘‘(iii) an alien who has employment author- thentication in a manner that provides a card, or a document evidencing lawful per- ized status; or high level of certainty as to the identity of manent residence status or employment au- ‘‘(iv) otherwise authorized by the Sec- such individual, using immigration and iden- thorized status issued to an alien; retary to be hired for such employment; tifying information that may include review ‘‘(bb) enhanced driver’s license or identity ‘‘(B) provide such attestation by a hand- card issued by a participating State or an of identity documents or background screen- written, electronic, or digital signature; and outlying possession of the United States; or ing verification techniques using publicly ‘‘(C) provide the individual’s social secu- ‘‘(cc) photograph and appropriate identi- available information; and rity account number to the Secretary, unless fying information provided by the Secretary ‘‘(cc) shall be incorporated into the System the individual has not yet been issued such a of State pursuant to the granting of a visa. and made available to employers not later number, on such form as the Secretary may ‘‘(II) PARTICIPATING STATE.—The term ‘par- than 1 year after the date on which regula- require. ticipating State’ means a State that has an tions are published implementing subsection ‘‘(3) RETENTION OF VERIFICATION RECORD.— agreement with the Secretary to provide the (d). ‘‘(A) IN GENERAL.—After completing a form Secretary, for purposes of identity ‘‘(III) COMPREHENSIVE USE.—An employer for an individual in accordance with para- verification in the System, with photographs may employ the additional security meas- graphs (1) and (2), the employer shall retain and appropriate identifying information ures set forth in this clause with respect to a version of such completed form and make maintained by the State. all individuals the employer hires if the em- such form available for inspection by the ‘‘(ii) REQUIREMENT FOR IDENTITY AUTHEN- ployer notifies the Secretary of such election Secretary or the Office of Special Counsel for TICATION.—In addition to verifying the docu- at the time the employer registers for use of Immigration-Related Unfair Employment ments specified in subparagraph (C), (D), or the System under subsection (d)(4)(A)(i) or Practices of the Department of Justice dur- (E), the System shall require each employer anytime thereafter. An election under this ing the period beginning on the hiring date to verify the identity of each new hire using subclause may be withdrawn 90 days after of the individual and ending on the later of— the identity authentication mechanism de- the employer notifies the Secretary of the ‘‘(i) the date that is 3 years after such hir- scribed in clause (iii), or for an individual employer’s intent to discontinue such elec- ing date; or whose identity is not able to be verified tion. ‘‘(ii) the date that is 1 year after the date using that mechanism, to use the additional ‘‘(v) AUTOMATED VERIFICATION.—The Sec- on which the individual’s employment with security measures provided in clause (iv) retary— the employer is terminated. after such measures become available. A fail- ‘‘(I) may establish a program, in addition ‘‘(B) REQUIREMENT FOR ELECTRONIC RETEN- ure of the System to verify the identity of an to the identity authentication mechanism TION.—The Secretary— individual due to the use of an identity au- described in paragraph (F)(iii), in which the ‘‘(i) shall permit an employer to retain the thentication mechanism shall result in a fur- System automatically verifies information form described in subparagraph (A) in elec- ther action notice under subsection contained in a covered identity document tronic form; and (d)(4)(C)(iii). issued by a participating State, which is pre- ‘‘(ii) shall permit an employer to retain ‘‘(iii) PHOTO TOOL.— sented under subparagraph (D)(i), including such form in paper, microfiche, microfilm, ‘‘(I) USE REQUIREMENT.—An employer that information needed to verify that the cov- portable document format, or other media. hires an individual who has presented a cov- ered identity document matches the State’s ‘‘(4) COPYING OF DOCUMENTATION AND REC- ered identity document to establish his or records; ORDKEEPING.—The Secretary may promul- her identity and employment authorization ‘‘(II) may not maintain information pro- gate regulations regarding— under this subsection shall verify the iden- vided by a participating State in a database ‘‘(A) copying documents and related infor- tity of such individual using the photo tool maintained by U.S. Citizenship and Immi- mation pertaining to employment described in subclause (II). gration Services; and verification presented by an individual under ‘‘(II) DEVELOPMENT REQUIREMENT.—The ‘‘(III) may not use or disclose such infor- this subsection; and Secretary shall develop and maintain a mation, except as authorized under this sec- ‘‘(B) retaining such information during a photo tool that enables employers to match tion. period not to exceed the required retention the photograph on a covered identity docu- ‘‘(G) AUTHORITY TO PROHIBIT USE OF CER- period set forth in paragraph (3). ment provided to the employer to a photo- TAIN DOCUMENTS.—If the Secretary deter- ‘‘(5) PENALTIES.—An employer that fails to graph maintained by a U.S. Citizenship and mines, after publication in the Federal Reg- comply with any requirement under this sub- Immigration Services database or other ap- ister and an opportunity for public comment, section may be penalized under subsection propriate database. that any document or class of documents (e)(4)(B). ‘‘(III) INDIVIDUAL QUERIES.—The photo tool specified in subparagraph (B), (C), or (D) does ‘‘(6) PROTECTION OF CIVIL RIGHTS.— capability shall be incorporated into the not reliably establish identity or that em- ‘‘(A) IN GENERAL.—Nothing in this section System and made available to employers not ployment authorized status is being used may be construed to diminish any rights later than 1 year after the date on which reg- fraudulently to an unacceptable degree, the otherwise protected by Federal law. ulations are published implementing sub- Secretary— ‘‘(B) PROHIBITION ON DISCRIMINATION.—An section (d). ‘‘(i) may prohibit or restrict the use of employer shall use the procedures for docu- ‘‘(IV) LIMITATIONS ON USE OF INFORMA- such document or class of documents for pur- ment verification set forth in this paragraph TION.—Information and images acquired from poses of this subsection; and for all employees without regard to race, State motor vehicle databases through the ‘‘(ii) shall directly notify all employers color, religion, sex, national origin, or, un- photo tool developed under this clause— registered within the System of the prohibi- less specifically permitted in this section, to ‘‘(aa) may only be used for matching pho- tion through appropriate means. citizenship status. tographs to a covered identity document for ‘‘(H) AUTHORITY TO ALLOW USE OF CERTAIN ‘‘(7) RECEIPTS.—The Secretary may author- the purposes of employment verification; DOCUMENTS.—If the Secretary has deter- ize the use of receipts for replacement docu- ‘‘(bb) shall not be collected or stored by mined that another document or class of ments, and temporary evidence of employ- the Federal Government; and documents, such as a document issued by a ment authorization by an individual to meet ‘‘(cc) may only be disseminated in response federally recognized Indian tribe, may be a documentation requirement under this to an individual photo tool query. used to reliably establish identity or em- subsection on a temporary basis not to ex- ‘‘(iv) ADDITIONAL SECURITY MEASURES.— ployment authorized status, the Secretary— ceed 1 year, after which time the individual

VerDate Sep 11 2014 05:05 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00165 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.034 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S1094 CONGRESSIONAL RECORD — SENATE February 14, 2018 shall provide documentation sufficient to extent the Secretary determines that such determined by the Secretary or other appro- satisfy the documentation requirements participation will assist in the protection of priate authority to have engaged in a pat- under this subsection. the critical infrastructure. tern or practice of violations of the immigra- ‘‘(8) NO AUTHORIZATION OF NATIONAL IDENTI- ‘‘(ii) NOTIFICATION TO EMPLOYERS.—The tion laws of the United States. FICATION CARDS.—Nothing in this section Secretary shall notify an employer required ‘‘(K) VOLUNTARY PARTICIPATION.—The Sec- may be construed to directly or indirectly to participate in the System under this sub- retary may permit any employer that is not authorize the issuance, use, or establishment paragraph not later than 90 days before the required to participate in the System under of a national identification card. date on which the employer is required to this section to do so on a voluntary basis. ‘‘(d) EMPLOYMENT VERIFICATION SYSTEM.— participate. ‘‘(3) CONSEQUENCE OF FAILURE TO PARTICI- ‘‘(1) IN GENERAL.— ‘‘(D) EMPLOYERS WITH MORE THAN 10,000 EM- PATE.— ‘‘(A) ESTABLISHMENT.—The Secretary, in PLOYEES.—Not later than 1 year after regula- ‘‘(A) IN GENERAL.—Except as provided in consultation with the Commissioner, shall tions are published implementing this sub- subparagraph (B), the failure, other than a establish the Employment Verification Sys- section, all employers with more than 10,000 de minimis or inadvertent failure, of an em- tem. employees shall participate in the System ployer that is required to participate in the ‘‘(B) MONITORING.—The Secretary shall cre- with respect to all newly hired employees System to comply with the requirements of ate the necessary processes to monitor— and employees with expiring temporary em- the System with respect to an individual— ‘‘(i) the functioning of the System, includ- ployment authorization documents. ‘‘(i) shall be treated as a violation of sub- ing the volume of the workflow, the speed of ‘‘(E) EMPLOYERS WITH MORE THAN 500 EM- section (a)(1)(B) with respect to that indi- processing of queries, and the speed and ac- PLOYEES.—Not later than 2 years after regu- vidual; and curacy of responses; lations are published implementing this sub- ‘‘(ii) creates a rebuttable presumption that ‘‘(ii) the misuse of the System, including section, all employers with more than 500 the employer has violated paragraph (1)(A) the prevention of fraud or identity theft; employees shall participate in the System or (2) of subsection (a). ‘‘(iii) whether the use of the System re- with respect to all newly hired employees ‘‘(B) EXCEPTION.— sults in wrongful adverse actions or discrimi- and employees with expiring temporary em- ‘‘(i) IN GENERAL.—Subparagraph (A) shall nation based upon a prohibited factor ployment authorization documents. not apply in a criminal prosecution. against citizens or nationals of the United ‘‘(F) EMPLOYERS WITH MORE THAN 20 EM- ‘‘(ii) USE AS EVIDENCE.—Nothing in this States or individuals who have employment PLOYEES.—Not later than 3 years after regu- paragraph may be construed to limit the use authorized status; and lations are published implementing this sub- in the prosecution of a Federal crime, in a ‘‘(iv) the security, integrity, and privacy of section, all employers with more than 20 em- manner otherwise consistent with Federal the System. ployees shall participate in the System with criminal law and procedure, of evidence re- ‘‘(C) PROCEDURES.—The Secretary— respect to all newly hired employees and em- lating to the employer’s failure to comply ‘‘(i) shall create processes to provide an in- ployees with expiring temporary employ- with requirements of the System. dividual with direct access to the individ- ment authorization documents. ‘‘(4) PROCEDURES FOR PARTICIPANTS IN THE ual’s case history in the System, including— ‘‘(G) AGRICULTURAL EMPLOYMENT.—Not SYSTEM.— ‘‘(I) the identities of all persons or entities later than 4 years after regulations are pub- ‘‘(A) IN GENERAL.—An employer partici- that have queried the individual through the lished implementing this subsection, em- pating in the System shall register such par- System; ployers of employees performing agricultural ticipation with the Secretary and, when hir- ‘‘(II) the date of each such query; and employment (as defined in section 218A) ing any individual for employment in the ‘‘(III) the System response for each such shall participate in the System with respect United States, shall comply with the fol- query; and to all newly hired employees and employees lowing: ‘‘(ii) in consultation with the Commis- with expiring temporary employment au- ‘‘(i) REGISTRATION OF EMPLOYERS.—The sioner, shall develop— thorization documents. An agricultural em- Secretary, through notice in the Federal ‘‘(I) protocols to notify an individual, in a ployee shall not be counted for purposes of Register, shall prescribe procedures that em- timely manner through the use of electronic subparagraph (D), (E), or (F). ployers shall be required to follow to register correspondence or mail, that a query for the ‘‘(H) ALL EMPLOYERS.—Not later than 4 with the System. individual has been processed through the years after regulations are published imple- ‘‘(ii) UPDATING INFORMATION.—The em- System; or menting this subsection, all employers shall ployer is responsible for providing notice of ‘‘(II) a process for the individual to submit participate in the System with respect to all any change to the information required additional queries to the System or notify newly hired employees and employees with under subclauses (I), (II), and (III) of clause the Secretary of potential identity fraud. expiring temporary employment authoriza- (v) before conducting any further inquiries ‘‘(2) PARTICIPATION REQUIREMENTS.— tion documents. within the System, or on such other schedule ‘‘(A) FEDERAL GOVERNMENT.—Except as ‘‘(I) TRIBAL GOVERNMENT EMPLOYERS.— as the Secretary may prescribe. provided in subparagraph (B), all agencies ‘‘(i) RULEMAKING.—In developing regula- ‘‘(iii) TRAINING.—The Secretary shall re- and departments in the executive, legisla- tions to implement this subsection, the Sec- quire employers to undergo such training as tive, or judicial branches of the Federal Gov- retary shall— the Secretary determines to be necessary to ernment shall participate in the System be- ‘‘(I) consider the effects of this section on ensure proper use, protection of civil rights ginning on the earlier of— federally recognized Indian tribes and tribal and civil liberties, privacy, integrity, and se- ‘‘(i) the date of the enactment of the SE- members; and curity of the System. To the extent prac- CURE and SUCCEED Act, to the extent re- ‘‘(II) consult with the governments of fed- ticable, such training shall be made avail- quired under section 402(e)(1) of the Illegal erally recognized Indian tribes. able electronically on the U.S. Citizenship Immigration Reform and Immigrant Respon- ‘‘(ii) REQUIRED PARTICIPATION.—Not later and Immigration Services website. sibility Act of 1996 (division C of Public Law than 4 years after regulations are published ‘‘(iv) NOTIFICATION TO EMPLOYEES.—The 104–208; 8 U.S.C. 1324a) and as already imple- implementing this subsection, all employers employer shall inform individuals hired for mented by each agency or department; or owned by, or entities of, the government of a employment that the System— ‘‘(ii) the date that is 90 days after the date federally recognized Indian tribe shall par- ‘‘(I) will be used by the employer; of the enactment of the SECURE and SUC- ticipate in the System with respect to all ‘‘(II) may be used for immigration enforce- CEED Act. newly hired employees and employees with ment purposes; and ‘‘(B) FEDERAL CONTRACTORS.—Federal con- expiring temporary employment authoriza- ‘‘(III) may not be used to discriminate or tractors shall participate in the System as tion documents. to take adverse action against a national of provided in the final rule relating to employ- ‘‘(J) IMMIGRATION LAW VIOLATORS.— the United States or an alien who has em- ment eligibility verification published in the ‘‘(i) ORDERS FINDING VIOLATIONS.—An order ployment authorized status. Federal Register on November 14, 2008 (73 finding any employer to have violated this ‘‘(v) PROVISION OF ADDITIONAL INFORMA- Fed. Reg. 67,651), or any similar subsequent section or section 274C may, in the Sec- TION.—The employer shall obtain from the regulation, for which purpose references to retary’s discretion, require the employer to individual (and the individual shall provide) E-Verify in the final rule shall be construed participate in the System with respect to and shall record in such manner as the Sec- to apply to the System. newly hired employees and employees with retary may specify— ‘‘(C) CRITICAL INFRASTRUCTURE.— expiring temporary employment authoriza- ‘‘(I) the individual’s social security ac- ‘‘(i) IN GENERAL.—Beginning on the date tion documents, if such employer is not oth- count number; that is 1 year after the date on which regula- erwise required to participate in the System ‘‘(II) if the individual does not attest to tions are published implementing this sub- under this section. The Secretary shall mon- United States citizenship or status as a na- section, the Secretary may authorize or di- itor such employer’s compliance with Sys- tional of the United States under subsection rect any employer, person, or entity respon- tem procedures. (c)(2), such identification or authorization sible for granting access to, protecting, se- ‘‘(ii) PATTERN OR PRACTICE OF VIOLATIONS.— number established by the Department as curing, operating, administering, or regu- The Secretary may require an employer that the Secretary shall specify; and lating part of the critical infrastructure (as is required to participate in the System with ‘‘(III) such other information as the Sec- defined in section 1016(e) of the Critical In- respect to newly hired employees to partici- retary may require to determine the identity frastructure Protection Act of 2001 (42 U.S.C. pate in the System with respect to the em- and employment authorization of an indi- 5195c(e))) to participate in the System to the ployer’s current employees if the employer is vidual.

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‘‘(vi) PRESENTATION OF DOCUMENTATION.— ‘‘(ii) CONFIRMATION UPON INITIAL INQUIRY.— ‘‘(V) REEXAMINATION.—Nothing in this sec- The employer, and the individual whose If the employer receives an appropriate con- tion shall prevent the Secretary from estab- identity and employment authorized status firmation of an individual’s identity and em- lishing procedures to reexamine a case where are being confirmed, shall fulfill the require- ployment authorized status under the Sys- a confirmation or nonconfirmation has been ments under subsection (c). tem, the employer shall record the confirma- provided if subsequently received informa- ‘‘(B) SEEKING CONFIRMATION.— tion in such manner as the Secretary may tion indicates that the confirmation or non- ‘‘(i) IN GENERAL.—An employer shall use specify. confirmation may not have been correct. the System to confirm the identity and em- ‘‘(iii) FURTHER ACTION NOTICE AND LATER Any procedures for reexamination shall not ployment authorized status of any individual CONFIRMATION OR NONCONFIRMATION.— limit in any way an employee’s right to ap- during— ‘‘(I) NOTIFICATION AND ACKNOWLEDGMENT peal a nonconfirmation. ‘‘(I) the period beginning on the date on THAT FURTHER ACTION IS REQUIRED.—Not later ‘‘(VI) EMPLOYEE PROTECTIONS.—An em- which the individual accepts an offer of em- than 3 business days after an employer re- ployer may not terminate employment or ployment and ending 3 business days after ceives a further action notice of an individ- take any other adverse action against an in- the date on which employment begins; or ual’s identity or employment eligibility dividual solely because of a failure of the in- ‘‘(II) such other reasonable period as the under the System, or during such other rea- dividual to have identity and employment Secretary may prescribe. sonable time as the Secretary may prescribe, eligibility confirmed under this subsection the employer shall notify the individual for until— ‘‘(ii) LIMITATION.—An employer may not make the starting date of an individual’s em- whom the confirmation is sought of the fur- ‘‘(aa) a nonconfirmation has been issued; ther action notice and any procedures speci- ‘‘(bb) if the further action notice was con- ployment or training or any other term and fied by the Secretary for addressing such no- tested, the period to timely file an adminis- condition of employment dependent on the tice. The employer shall give the further ac- trative appeal has expired without an appeal receipt of a confirmation of identity and em- tion notice to the individual in writing and or the contestation to the further action no- ployment authorized status by the System. the employer shall acknowledge in the Sys- tice is withdrawn; or ‘‘(iii) REVERIFICATION.—If an individual has tem under penalty of perjury that it pro- ‘‘(cc) if an appeal before an administrative a limited period of employment authorized vided the employee with the further action law judge under paragraph (7) has been filed, status, the individual’s employer shall re- notice. The individual shall affirmatively ac- the nonconfirmation has been upheld or the verify such status through the System not knowledge in writing, or in such other man- appeal has been withdrawn or dismissed. later than 3 business days after the last day ner as the Secretary may specify, the receipt ‘‘(iv) NOTICE OF NONCONFIRMATION.—Not of such period. of the further action notice from the em- later than 3 business days after an employer ‘‘(iv) OTHER EMPLOYMENT.—For employers ployer. If the individual refuses to acknowl- receives a nonconfirmation, or during such directed by the Secretary to participate in edge the receipt of the further action notice, other reasonable time as the Secretary may the System under paragraph (2)(C)(i) to pro- or acknowledges in writing that the indi- provide, the employer shall notify the indi- tect critical infrastructure or otherwise vidual will not contest the further action no- vidual who is the subject of the nonconfirma- specified circumstances in this section to tice under subclause (II), the employer shall tion, and provide information about filing an verify their entire workforce, the System notify the Secretary in such manner as the administrative appeal pursuant to paragraph may be used for initial verification of an in- Secretary may specify. (6) and a request for a hearing before an ad- dividual who was hired before the employer ‘‘(II) CONTEST.—Not later than 10 business ministrative law judge pursuant to para- became subject to the System, and the em- days after receiving notification of a further graph (7). The employer shall give the non- ployer shall initiate all required procedures action notice under subclause (I), the indi- confirmation notice to the individual in on or before such date as the Secretary shall vidual shall contact the appropriate Federal writing and the employer shall acknowledge specify. agency and, if the Secretary so requires, ap- in the System under penalty of perjury that ‘‘(v) NOTIFICATION.— pear in person for purposes of verifying the it provided the notice (or adequately at- ‘‘(I) IN GENERAL.—The Secretary shall pro- individual’s identity and employment eligi- tempted to provide notice, but was unable to vide, and the employer shall use, as part of bility. The Secretary, in consultation with do so despite reasonable efforts). The indi- the System, a method of notifying employers the Commissioner and other appropriate vidual shall affirmatively acknowledge in of a confirmation or nonconfirmation of an Federal agencies, shall specify an available writing, or in such other manner as the Sec- individual’s identity and employment au- secondary verification procedure to confirm retary may prescribe, the receipt of the non- thorized status, or a notice that further ac- the validity of information provided and to confirmation notice from the employer. If tion is required to verify such identity or provide a confirmation or nonconfirmation. the individual refuses or fails to acknowl- employment eligibility (referred to in this Any procedures for reexamination shall not edge the receipt of the nonconfirmation no- subsection as a ‘further action notice’). limit in any way an employee’s right to ap- tice, the employer shall notify the Secretary ‘‘(II) PROCEDURES.—The Secretary shall— peal a nonconfirmation. in such manner as the Secretary may pre- ‘‘(aa) directly notify the individual and the ‘‘(III) NO CONTEST.—If the individual re- scribe. employer, by means of electronic cor- fuses to acknowledge receipt of the further ‘‘(D) CONSEQUENCES OF NONCONFIRMATION.— respondence, mail, text message, telephone, action notice, acknowledges that the indi- ‘‘(i) TERMINATION OF CONTINUED EMPLOY- or other direct communication, of a noncon- vidual will not contest the further action no- MENT.—Except as provided in clause (iii), an firmation or further action notice; tice as provided in subclause (I), or does not employer that has received a nonconfirma- ‘‘(bb) provide information about filing an contact the appropriate Federal agency tion regarding an individual and has made administrative appeal under paragraph (6) within the period specified in subclause (II), reasonable efforts to notify the individual in and a filing for review before an administra- following expiration of the period specified accordance with subparagraph (C)(iv) shall tive law judge under paragraph (7); and in subclause (II), a nonconfirmation shall be terminate the employment of the individual ‘‘(cc) establish procedures to directly no- issued. The employer shall record the non- upon the expiration of the time period speci- tify the individual and the employer of a confirmation in such manner as the Sec- fied in paragraph (7). confirmation. retary may specify and terminate the indi- ‘‘(ii) CONTINUED EMPLOYMENT AFTER NON- ‘‘(III) IMPLEMENTATION.—The Secretary vidual’s employment. An individual’s failure CONFIRMATION.—If the employer continues to may provide for a phased-in implementation to contest a further action notice shall not employ an individual after receiving noncon- of the notification requirements under this be considered an admission of guilt with re- firmation and exhaustion of all appeals or clause, as appropriate. The notification sys- spect to any violation of this section or any expiration of all rights to appeal if not ap- tem shall cover all inquiries not later than 1 provision of law. pealed, in violation of clause (i), a rebuttable year from the date of the enactment of the ‘‘(IV) CONFIRMATION OR NONCONFIRMATION.— presumption is created that the employer SECURE and SUCCEED Act. Unless the period is extended in accordance has violated paragraphs (1)(A) and (2) of sub- ‘‘(C) CONFIRMATION OR NONCONFIRMATION.— with this subclause, the System shall pro- section (a). Such presumption shall not ‘‘(i) INITIAL RESPONSE.— vide a confirmation or nonconfirmation not apply in any prosecution under subsection ‘‘(I) IN GENERAL.—Except as provided in later than 10 business days after the date on (k)(1). subclause (II), the System shall provide— which the individual contests the further ac- ‘‘(iii) EFFECT OF ADMINISTRATIVE APPEAL OR ‘‘(aa) a confirmation of an individual’s tion notice under subclause (II). If the Sec- REVIEW BY ADMINISTRATIVE LAW JUDGE.—If an identity and employment authorized status retary determines that good cause exists, individual files an administrative appeal of or a further action notice at the time of the after taking into account adverse impacts to the nonconfirmation within the time period inquiry; and the employer, and including time to permit specified in paragraph (6)(A), or files for re- ‘‘(bb) an appropriate code indicating such the individual to obtain and provide needed view with an administrative law judge speci- confirmation or such further action notice. evidence of identity or employment eligi- fied in paragraph (7)(A), the employer shall ‘‘(II) ALTERNATIVE DEADLINE.—If the Sys- bility, the Secretary shall extend the period not terminate the individual’s employment tem is unable to provide immediate con- for providing confirmation or nonconfirma- under this subparagraph prior to the resolu- firmation or further action notice for tech- tion for stated periods beyond 10 business tion of the administrative appeal unless the nological reasons or due to unforeseen cir- days. When confirmation or nonconfirmation Secretary or Commissioner terminates the cumstances, the System shall provide a con- is provided, the confirmation system shall stay under paragraph (6)(B) or (7)(B). firmation or further action notice not later provide an appropriate code indicating such ‘‘(iv) WEEKLY REPORT.—The Director of than 3 business days after the initial inquiry. confirmation or nonconfirmation. U.S. Citizenship and Immigration Services

VerDate Sep 11 2014 05:05 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00167 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.034 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S1096 CONGRESSIONAL RECORD — SENATE February 14, 2018 shall submit a weekly report to the Assist- grant Responsibility Act of 1996 (8 U.S.C. ‘‘(iii) the procedures that shall be followed ant Secretary for Immigration and Customs 1367(a)(2)). by employers with respect to the process of Enforcement that includes, for each indi- ‘‘(II) NOTICE.—The regulations issued under verifying an individual through the System. vidual who receives final nonconfirmation subclause (I) shall be— ‘‘(I) SELF-VERIFICATION.—Subject to appro- through the System— ‘‘(aa) published in the Federal Register; priate safeguards to prevent misuse of the ‘‘(I) the name of such individual; and system, the Secretary, in consultation with ‘‘(II) his or her social security number or ‘‘(bb) provided directly to all employers the Commissioner, shall establish a secure alien file number; registered in the System. self-verification procedure to permit an indi- ‘‘(III) the name and contact information ‘‘(F) DESIGNATED AGENTS.—The Secretary vidual who seeks to verify the individual’s for his or her current employer; and shall establish a process— own employment eligibility to contact the ‘‘(IV) any other critical information that ‘‘(i) for certifying, on an annual basis or at appropriate agency and, in a timely manner, the Assistant Secretary determines to be ap- such times as the Secretary may prescribe, correct or update the information contained propriate. designated agents and other System service in the System. ‘‘(v) OTHER REFERRAL.—The Director of providers seeking access to the System to ‘‘(5) PROTECTION FROM LIABILITY FOR AC- U.S. Citizenship and Immigration Services perform verification queries on behalf of em- TIONS TAKEN ON THE BASIS OF INFORMATION shall refer to the Assistant Secretary for Im- ployers, based upon training, usage, privacy, PROVIDED BY THE SYSTEM.—An employer shall migration and Customs Enforcement for ap- and security standards prescribed by the not be liable to a job applicant, an employee, propriate action by the Assistant Secretary, Secretary; the Federal Government, or a State or local or for referral by the Assistant Secretary to ‘‘(ii) for ensuring that designated agents government, under Federal, State, or local another law enforcement agency, as appro- and other System service providers are sub- criminal or civil law for any employment-re- priate— ject to monitoring to the same extent as di- lated action taken with respect to a job ap- ‘‘(I) any case in which the Director believes rect access users; and plicant or employee in good faith reliance on that a social security number has been false- ‘‘(iii) for establishing standards for certifi- information provided by the System. ly or fraudulently used; and cation of electronic I–9 programs. ‘‘(6) ADMINISTRATIVE APPEAL.— ‘‘(II) any case in which a false or fraudu- ‘‘(G) REQUIREMENT TO PROVIDE INFORMA- ‘‘(A) IN GENERAL.—An individual who is no- lent document is used by an employee who has received a further action notice to re- TION.— tified of a nonconfirmation may, not later solve such notice. ‘‘(i) IN GENERAL.—No later than 3 months than 10 business days after the date that after the date of the enactment of the SE- such notice is received, file an administra- ‘‘(E) OBLIGATION TO RESPOND TO QUERIES CURE and SUCCEED Act, the Secretary, in tive appeal of such nonconfirmation with the AND ADDITIONAL INFORMATION.— consultation with the Secretary of Labor, Commissioner if the notice is based on ‘‘(i) IN GENERAL.—Employers shall comply with requests for information from the Sec- the Secretary of Agriculture, the Commis- records maintained by the Commissioner, or retary and the Special Counsel for Immigra- sioner, the Attorney General, the Equal Em- in any other case, with the Secretary. An in- tion-Related Unfair Employment Practices ployment Opportunity Commission, and the dividual who does not timely contest a fur- of the Department of Justice, including que- Administrator of the Small Business Admin- ther action notice timely received by that ries concerning current and former employ- istration, shall commence a campaign to dis- individual for which the individual acknowl- ees, within the time frame during which seminate information respecting the proce- edged receipt may not be granted a review records are required to be maintained under dures, rights, and remedies prescribed under under this paragraph. this section regarding such former employ- this section. ‘‘(B) ADMINISTRATIVE STAY OF NONCON- ees, if such information relates to the func- ‘‘(ii) CAMPAIGN REQUIREMENTS.—The cam- FIRMATION.—The nonconfirmation shall be tioning of the System, the accuracy of the paign authorized under clause (i)— automatically stayed upon the timely filing responses provided by the System, or any ‘‘(I) shall be aimed at increasing the of an administrative appeal, unless the non- suspected misuse, discrimination, fraud, or knowledge of employers, employees, and the confirmation resulted after the individual identity theft in the use of the System. Fail- general public concerning employer and em- acknowledged receipt of the further action ure to comply with a request under this ployee rights, responsibilities, and remedies notice but failed to contact the appropriate clause constitutes a violation of subsection under this section; and agency within the time provided. The stay (a)(1)(B). ‘‘(II) shall be coordinated with the public shall remain in effect until the resolution of ‘‘(ii) ACTION BY INDIVIDUALS.— education campaign conducted by U.S. Citi- the appeal, unless the Secretary or the Com- ‘‘(I) IN GENERAL.—Individuals being zenship and Immigration Services. missioner terminates the stay based on a de- verified through the System may be required ‘‘(iii) ASSESSMENT.—The Secretary shall termination that the administrative appeal to take further action to address questions assess the success of the campaign in achiev- is frivolous or filed for purposes of delay. identified by the Secretary or the Commis- ing the goals of the campaign. ‘‘(C) REVIEW FOR ERROR.—The Secretary sioner regarding the documents relied upon ‘‘(iv) AUTHORITY TO CONTRACT.—In order to and the Commissioner shall develop proce- for purposes of subsection (c). carry out and assess the campaign under this dures for resolving administrative appeals ‘‘(II) NOTIFICATION.—Not later than 3 busi- subparagraph, the Secretary may, to the ex- regarding nonconfirmations based upon the ness days after the receipt of such questions tent deemed appropriate and subject to the information that the individual has pro- regarding an individual, or during such other availability of appropriations, contract with vided, including any additional evidence or reasonable time as the Secretary may pre- public and private organizations for outreach argument that was not previously consid- scribe, the employer shall— and assessment activities under the cam- ered. Any such additional evidence or argu- ‘‘(aa) notify the individual of any such re- paign. ment shall be filed within 10 business days of quirement for further actions; and ‘‘(v) FUNDING.—From amounts in the Bor- the date the appeal was originally filed. Ap- ‘‘(bb) record the date and manner of such der Security Enforcement Fund under sec- peals shall be resolved within 20 business notification. tion 1301 of the SECURE and SUCCEED Act, days after the individual has submitted all ‘‘(III) ACKNOWLEDGMENT.—The individual there shall be available in each of fiscal evidence and arguments the individual wish- shall acknowledge the notification received years 2019 through 2012 such sums as may be es to submit, or has stated in writing that from the employer under subclause (II) in necessary to carry out this paragraph. there is no additional evidence that the indi- writing, or in such other manner as the Sec- ‘‘(H) AUTHORITY TO MODIFY INFORMATION vidual wishes to submit. The Secretary and retary may prescribe. REQUIREMENTS.—Based on a regular review of the Commissioner may, on a case by case ‘‘(iii) RULEMAKING.— the System and the document verification basis for good cause, extend the filing and ‘‘(I) IN GENERAL.—The Secretary, in con- procedures to identify misuse or fraudulent submission period in order to ensure accu- sultation with the Commissioner and the At- use and to assess the security of the docu- rate resolution of an appeal before the Sec- torney General, is authorized to issue regula- ments and processes used to establish iden- retary or the Commissioner. tions implementing, clarifying, and tity or employment authorized status, the ‘‘(D) PREPONDERANCE OF EVIDENCE.—Ad- supplementing the requirements under this Secretary, in consultation with the Commis- ministrative appeal under this paragraph subparagraph— sioner, after publication of notice in the Fed- shall be limited to whether a nonconfirma- ‘‘(aa) to facilitate the functioning, accu- eral Register and an opportunity for public tion notice is supported by a preponderance racy, and fairness of the System; comment, may modify, if the Secretary de- of the evidence. ‘‘(bb) to prevent misuse, discrimination, termines that the modification is necessary ‘‘(E) DAMAGES, FEES, AND COSTS.—No fraud, or identity theft in the use of the Sys- to ensure that the System accurately and re- money damages, fees, or costs may be award- tem; and liably determines the identity and employ- ed in the administrative appeal process ‘‘(cc) to protect and maintain the confiden- ment authorized status of employees and under this paragraph. tiality of information that could be used to maintains existing protections against mis- ‘‘(7) REVIEW BY ADMINISTRATIVE LAW locate or otherwise place at risk of harm vic- use, discrimination, fraud, and identity JUDGE.— tims of domestic violence, dating violence, theft— ‘‘(A) IN GENERAL.—Not later than 30 days sexual assault, stalking, and human traf- ‘‘(i) the information that shall be pre- after the date an individual receives a final ficking, and of the applicant or beneficiary sented to the employer by an individual; determination on an administrative appeal of any petition described in section 384(a)(2) ‘‘(ii) the information that shall be provided under paragraph (6), the individual may ob- of the Illegal Immigration Reform and Immi- to the System by the employer; and tain review of such determination by filing a

VerDate Sep 11 2014 05:05 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00168 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.034 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S1097 complaint with a Department of Justice ad- peal and the administrative law judge re- and assess System accuracy, and to preserve ministrative law judge in accordance with view. the integrity and security of the information this paragraph. ‘‘(ii) CALCULATION OF LOST WAGES.—Lost in all of the System, including— ‘‘(B) STAY OF NONCONFIRMATION.—The non- wages shall be calculated based on the wage ‘‘(I) to develop and use tools and processes confirmation related to such final deter- rate and work schedule that prevailed prior to detect or prevent fraud and identity theft, mination shall be automatically stayed upon to termination. The individual shall be com- such as multiple uses of the same identifying the timely filing of a complaint under this pensated for wages lost beginning on the information or documents to fraudulently paragraph, and the stay shall remain in ef- first scheduled work day after employment gain employment; fect until the resolution of the complaint, was terminated and ending 120 days after ‘‘(II) to develop and use tools and processes unless the administrative law judge deter- completion of the administrative law judge’s to detect and prevent misuse of the system mines that the action is frivolous or filed for review described in this paragraph or the day by employers and employees; purposes of delay. after the individual is reinstated or obtains ‘‘(III) to develop tools and processes to de- ‘‘(C) SERVICE.—The respondent to com- employment elsewhere, whichever occurs tect anomalies in the use of the system that plaint filed under this paragraph is either first. If the individual obtains employment may indicate potential fraud or misuse of the Secretary or the Commissioner, but not elsewhere at a lower wage rate, the indi- the system; and both, depending upon who issued the admin- vidual shall be compensated for the dif- ‘‘(IV) to audit documents and information istrative order under paragraph (6). In addi- ference in wages for the period ending 120 submitted by employees to employers, in- tion to serving the respondent, the plaintiff days after completion of the administrative cluding authority to conduct interviews with law judge review process. No lost wages shall employers and employees, and obtain infor- shall serve the Attorney General. be awarded for any period of time during mation concerning employment from the ‘‘(D) AUTHORITY OF ADMINISTRATIVE LAW which the individual was not in employment employer; JUDGE.— authorized status. ‘‘(vii) to confirm identity and employment ‘‘(i) RULES OF PRACTICE.—The Secretary ‘‘(iii) PAYMENT OF COMPENSATION.—Not- authorization through verification and com- shall promulgate regulations regarding the withstanding any other law, payment of parison of records as determined necessary rules of practice in appeals brought pursuant compensation for lost wages, costs, and at- by the Secretary; to this subsection. torneys’ fees under this paragraph, or com- ‘‘(viii) to confirm electronically the ‘‘(ii) AUTHORITY OF ADMINISTRATIVE LAW promise settlements of the same, shall be issuance of the employment authorization or JUDGE.—The administrative law judge shall made as provided by section 1304 of title 31, identity document and— have power to— United States Code. Appropriations made ‘‘(I) if such photograph is available, to dis- ‘‘(I) terminate a stay of a nonconfirmation available to the Secretary or the Commis- play the digital photograph that the issuer under subparagraph (B) if the administrative sioner, accounts provided for under section placed on the document so that the employer law judge determines that the action is friv- 286, and funds from the Federal Old-Age and can compare the photograph displayed to the olous or filed for purposes of delay; Survivors Insurance Trust Fund or the Fed- photograph on the document presented by ‘‘(II) adduce evidence at a hearing; eral Disability Insurance Trust Fund shall the employee; or ‘‘(III) compel by subpoena the attendance not be available to pay such compensation. ‘‘(II) if a photograph is not available from of witnesses and the production of evidence ‘‘(G) APPEAL.—No later than 45 days after the issuer, to confirm the authenticity of the at any designated place or hearing; the entry of such final order, any person ad- document using such additional security ‘‘(IV) resolve claims of identity theft; and versely affected by such final order may seek measures set forth in subsection (c)(1)(F)(iv); ‘‘(V) enter, upon the pleadings and any evi- review of such order in the United States ‘‘(ix) to employ specific and effective addi- dence adduced at a hearing, a decision af- Court of Appeals for the circuit in which the tional security measures set forth in sub- firming or reversing the result of the agency, violation is alleged to have occurred or in section (c)(1)(F)(iv) to adequately verify the with or without remanding the cause for a which the employer resides or transacts identity of an individual that are designed rehearing. business. and operated— ‘‘(iii) SUBPOENA.—In case of contumacy or ‘‘(8) MANAGEMENT OF THE SYSTEM.— ‘‘(I) to use state-of-the-art technology to refusal to obey a subpoena lawfully issued ‘‘(A) IN GENERAL.—The Secretary is author- determine to a high degree of accuracy under this section and upon application of ized to establish, manage, and modify the whether an individual presenting biographic the administrative law judge, an appropriate System, which shall— information is the individual with that true district court of the United States may issue ‘‘(i) respond to inquiries made by partici- identity; an order requiring compliance with such sub- pating employers at any time through the ‘‘(II) to retain under the control of the Sec- poena and any failure to obey such order internet, or such other means as the Sec- retary the use of all determinations commu- may be punished by such court as a con- retary may designate, concerning an individ- nicated by the System, regardless of the en- tempt of such court. ual’s identity and whether the individual is tity operating the system pursuant to a con- ‘‘(iv) TRAINING.—An administrative law in employment authorized status; tract or other agreement with a nongovern- judge hearing cases shall have special train- ‘‘(ii) maintain records of the inquiries that mental entity or entities to the extent help- ing respecting employment authorized status were made, of confirmations provided (or not ful in acquiring the best technology to im- verification. provided), and of the codes provided to em- plement the additional security measures; ‘‘(E) ORDER BY ADMINISTRATIVE LAW ployers as evidence of their compliance with ‘‘(III) to be integrated with the System so JUDGE.— their obligations under the System; and that employment authorizations will be de- ‘‘(i) IN GENERAL.—The administrative law ‘‘(iii) provide information to, and require termined for all individuals identified as pre- judge shall issue and cause to be served to action by, employers and individuals using senting their true identities through the the parties in the proceeding an order which the System. databases maintained by the Commissioner may be appealed as provided in subparagraph ‘‘(B) DESIGN AND OPERATION OF SYSTEM.— of Social Security and the Secretary; (G). The System shall be designed and operated— ‘‘(IV) to use tools and processes to detect ‘‘(ii) CONTENTS OF ORDER.—Such an order ‘‘(i) to maximize its reliability and ease of and prevent further action notices and final shall uphold or reverse the final determina- use by employers consistent with protecting nonconfirmations that are not correlated to tion on the request for reconsideration and the privacy and security of the underlying fraud or identity theft; order lost wages and other appropriate rem- information, and ensuring full notice of such ‘‘(V) to make risk-based assessments re- edies as provided in subparagraph (F). use to employees; garding the reliability of a claim of identity ‘‘(F) COMPENSATION FOR ERROR.— ‘‘(ii) to maximize its ease of use by em- made by an individual presenting biographic ‘‘(i) IN GENERAL.—In cases in which the ad- ployees, including direct notification of its information and to tailor the identity deter- ministrative law judge reverses the final de- use, of results, and ability to challenge re- mination in accordance with those assess- termination of the Secretary or the Commis- sults; ments; sioner made under paragraph (6), and the ad- ‘‘(iii) to respond accurately to all inquiries ‘‘(VI) to permit queries to be presented to ministrative law judge finds that— made by employers on whether individuals individuals subject to identity verification ‘‘(I) the nonconfirmation was due to gross are authorized to be employed and to reg- at the time their identities are being verified negligence or intentional misconduct of the ister any times when the system is unable to in a manner that permits rapid communica- employer, the administrative law judge may receive inquiries; tion through the internet, mobile phone, and order the employer to pay the individual lost ‘‘(iv) to maintain appropriate administra- landline telephone connections to facilitate wages, and reasonable costs and attorneys’ tive, technical, and physical safeguards to identity proofing; fees incurred during administrative and judi- prevent unauthorized disclosure of personal ‘‘(VII) to generate queries that conform to cial review; or information, misuse by employers and em- the context of the identity verification proc- ‘‘(II) such final determination was erro- ployees, and discrimination; ess and the circumstances of the individual neous by reason of the negligence of the Sec- ‘‘(v) to require regularly scheduled re- whose identity is being verified; retary or the Commissioner, the administra- fresher training of all users of the System to ‘‘(VIII) to use publicly available databases tive law judge may order the Secretary or ensure compliance with all procedures; and databases under the jurisdiction of the the Commissioner to pay the individual lost ‘‘(vi) to allow for auditing of the use of the Commissioner of Social Security, the Sec- wages, and reasonable costs and attorneys’ System to detect misuse, discrimination, retary, and the Secretary of State to formu- fees incurred during the administrative ap- fraud, and identity theft, to protect privacy late queries to be presented to individuals

VerDate Sep 11 2014 05:05 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00169 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.034 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S1098 CONGRESSIONAL RECORD — SENATE February 14, 2018 whose identities are being verified, as appro- ‘‘(bb) the number of System inquiries sub- Secretary in order to confirm (or not con- priate; mitted for employment authorized individ- firm) the validity of the information pro- ‘‘(IX) to not retain data collected by the uals. vided, the correspondence of the name and System within any database separate from ‘‘(III) ERROR RATE DETERMINATION.—The number, whether the alien has employment the database in which the operating system audits required under this clause shall— authorized status (or, to the extent that the is located and to limit access to the existing ‘‘(aa) determine the error rate for identity Secretary determines to be feasible and ap- databases to a reference process that shields determinations pursuant to subsection propriate, whether the records available to the operator of the System from acquiring (c)(1)(F) for individuals presenting their true the Secretary verify the identity or status of possession of the data beyond the formula- identities in the same manner and applying a national of the United States), and such tion of queries and verification of responses; the same standard as for employment au- other information as the Secretary may pre- ‘‘(X) to not permit individuals or entities thorization; and scribe. using the System to access any data related ‘‘(bb) include recommendations, as pro- ‘‘(ii) PHOTOGRAPH DISPLAY.—As part of the vided in subclause (I), but no reduction in to the individuals whose identities are being System, the Secretary shall establish a reli- fines pursuant to subclause (IV) verified beyond confirmations, further ac- able, secure method, which, operating ‘‘(IV) REDUCTION OF PENALTIES FOR RECORD- tion notices, and final nonconfirmations of through the System, displays the digital KEEPING OR VERIFICATION PRACTICES FOL- identity; photograph described in subparagraph LOWING PERSISTENT SYSTEM INACCURACIES.— (B)(viii)(I). ‘‘(XI) to include, if feasible, a capability Notwithstanding subsection (e)(4)(C)(i), in ‘‘(iii) TIMING OF NOTICES.—The Secretary for permitting document or other inputs any calendar year following a report by the shall have authority to prescribe when a con- that can be offered to individuals and enti- Inspector General under subclause (I) that firmation, nonconfirmation, or further ac- ties using the System and that may be used the System had an error rate higher than 0.3 tion notice shall be issued. at the option of employees to facilitate iden- percent for the previous fiscal year, the civil ‘‘(iv) USE OF INFORMATION.—The Secretary tity verification, but would not be required penalty assessable by the Secretary or an ad- shall perform regular audits under the Sys- of either employers or employees; and ministrative law judge under that subsection tem, as described in subparagraph (B)(vi) and ‘‘(XII) to the greatest extent possible, in for each first-time violation by an employer shall use the information obtained from such accordance with the time frames specified in who has not previously been penalized under this section; and this section may not exceed $1,000. audits, as well as any information obtained from the Commissioner pursuant to part E of ‘‘(x) to provide appropriate notification di- ‘‘(iv) RECORDS SECURITY PROGRAM.—Any rectly to employers registered with the Sys- person, including a private third party ven- title XI of the Social Security Act (42 U.S.C. tem of all changes made by the Secretary or dor, who retains document verification or 1301 et seq.), for the purposes of this section the Commissioner related to allowed and System data pursuant to this section shall and to administer and enforce the immigra- prohibited documents, and use of the Sys- implement an effective records security pro- tion laws. tem. gram that— ‘‘(v) IDENTITY FRAUD PROTECTION.—To pre- ‘‘(C) SAFEGUARDS TO THE SYSTEM.— ‘‘(I) ensures that only authorized personnel vent identity fraud, not later than 18 months ‘‘(i) REQUIREMENT TO DEVELOP.—The Sec- have access to document verification or Sys- after the date of the enactment of the SE- retary, in consultation with the Commis- tem data; and CURE and SUCCEED Act, the Secretary sioner and other appropriate Federal and ‘‘(II) ensures that whenever such data is shall— State agencies, shall develop policies and created, completed, updated, modified, al- ‘‘(I) in consultation with the Commis- procedures to ensure protection of the pri- tered, or corrected in electronic format, a se- sioner, establish a program to provide a reli- vacy and security of personally identifiable cure record is created that establishes the able, secure method for an individual to tem- information and identifiers contained in the date of access, the identity of the individual porarily suspend or limit the use of the indi- records accessed or maintained by the Sys- who accessed the electronic record, and the vidual’s social security account number or other identifying information for tem. The Secretary, in consultation with the particular action taken. verification by the System; and Commissioner and other appropriate Federal ‘‘(v) RECORDS SECURITY PROGRAM.—In addi- ‘‘(II) for each individual being verified and State agencies, shall develop and deploy tion to the security measures described in through the System— appropriate privacy and security training for clause (iv), a private third party vendor who ‘‘(aa) notify the individual that the indi- the Federal and State employees accessing retains document verification or System vidual has the option to limit the use of the the records under the System. data pursuant to this section shall imple- ment an effective records security program individual’s social security account number ‘‘(ii) PRIVACY AUDITS.—The Secretary, act- or other identifying information for ing through the Chief Privacy Officer of the that— verification by the System; and Department, shall conduct regular privacy ‘‘(I) provides for backup and recovery of any records maintained in electronic format ‘‘(bb) provide instructions to the individ- audits of the policies and procedures estab- to protect against information loss, such as uals for exercising the option referred to in lished under clause (i) and the compliance of power interruptions; and item (aa). the Department with the limitations set ‘‘(II) ensures that employees are trained to ‘‘(vi) ALLOWING PARENTS TO PREVENT THEFT forth in subsection (c)(1)(F)(iii)(IV), includ- minimize the risk of unauthorized or acci- OF THEIR CHILD’S IDENTITY.—The Secretary, ing any collection, use, dissemination, and dental alteration or erasure of such data in in consultation with the Commissioner, shall maintenance of personally identifiable infor- electronic format. establish a program that provides a reliable, mation and any associated information tech- ‘‘(vi) AUTHORIZED PERSONNEL DEFINED.—In secure method by which parents or legal nology systems, as well as scope of requests this subparagraph, the term ‘authorized per- guardians may suspend or limit the use of for this information. The Chief Privacy Offi- sonnel’ means anyone registered as a System the social security account number or other cer shall review the results of the audits and user, or anyone with partial or full responsi- identifying information of a minor under recommend to the Secretary any changes bility for completion of employment author- their care for the purposes of the System. necessary to improve the privacy protections ization verification or retention of data in The Secretary may implement the program of the program. connection with employment authorization on a limited pilot program basis before mak- ‘‘(iii) ACCURACY AUDITS.— verification on behalf of an employer. ing it fully available to all individuals. ‘‘(I) IN GENERAL.—Not later than November ‘‘(D) AVAILABLE FACILITIES AND ALTER- ‘‘(vii) PROTECTION FROM MULTIPLE USE.— 30 of each year, the Inspector General of the NATIVE ACCOMMODATIONS.—The Secretary The Secretary and the Commissioner shall Department of Homeland Security shall sub- shall make appropriate arrangements and establish a procedure for identifying and mit a report to the Secretary, with a copy to develop standards to allow employers or em- handling a situation in which a social secu- the President of the Senate and the Speaker ployees, including remote hires, who are oth- rity account number has been identified to of the House of Representatives, that sets erwise unable to access the System to use be subject to unusual multiple use in the forth the error rate of the System for the electronic and telephonic formats (including System or is otherwise suspected or deter- previous fiscal year and the assessments re- video conferencing, scanning technology, mined to have been compromised by identity quired to be submitted by the Secretary and other available technologies), Federal fraud. Such procedure shall include notifying under subparagraphs (A) and (B) of para- Government facilities, public facilities, or the legitimate holder of the social security graph (10). The report shall describe in detail other available locations in order to use the number at the appropriate time. the methodology employed for purposes of System. ‘‘(viii) MONITORING AND COMPLIANCE UNIT.— the report, and shall make recommendations ‘‘(E) RESPONSIBILITIES OF THE SECRETARY.— The Secretary shall establish or designate a for how error rates may be reduced. ‘‘(i) IN GENERAL.—As part of the System, monitoring and compliance unit to detect ‘‘(II) ERROR RATE DEFINED.—In this clause, the Secretary shall maintain a reliable, se- and reduce identity fraud and other misuse the term ‘error rate’ means the percentage cure method, which, operating through the of the System. determined by dividing— System and within the time periods speci- ‘‘(ix) CIVIL RIGHTS AND CIVIL LIBERTIES AS- ‘‘(aa) the number of employment author- fied, compares the name, alien identification SESSMENTS.— ized individuals who received further action or authorization number, or other informa- ‘‘(I) REQUIREMENT TO CONDUCT.—The Sec- notices, contested such notices, and were tion as determined relevant by the Sec- retary shall conduct regular civil rights and subsequently found to be employment au- retary, provided in an inquiry against such civil liberties assessments of the System, in- thorized; by information maintained or accessed by the cluding participation by employers, other

VerDate Sep 11 2014 05:05 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00170 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.034 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S1099 private entities, and Federal, State, and rates of further action notices and other Sys- ‘‘(iv) An assessment of the most common local government entities. tem notices provided directly (by the Sys- causes for the erroneous issuance of noncon- ‘‘(II) REQUIREMENT TO RESPOND.—Employ- tem) in a timely fashion to individuals who firmations by the System and recommenda- ers, other private entities, and Federal, are not authorized to be employed in the tions to correct such causes. State, and local entities shall timely respond United States. ‘‘(v) The recommendations of the Comp- to any request in connection with such an ‘‘(C) An assessment of any challenges faced troller General regarding System improve- assessment. by small employers in using the System. ments. ‘‘(III) ASSESSMENT AND RECOMMENDA- ‘‘(D) An assessment of the rate of employer ‘‘(vi) An assessment of the frequency and TIONS.—The Officer for Civil Rights and Civil noncompliance (in addition to failure to pro- magnitude of changes made to the System Liberties of the Department shall review the vide required notices in a timely fashion) in and the impact on the ability for employers results of each such assessment and rec- each of the following categories: to comply in good faith. ommend to the Secretary any changes nec- ‘‘(i) Taking adverse action based on a fur- ‘‘(vii) An assessment of the direct and indi- essary to improve the civil rights and civil ther action notice. rect costs incurred by employers in com- liberties protections of the System. ‘‘(ii) Use of the System for nonemployees plying with the System, including costs as- ‘‘(F) GRANTS TO STATES.— or other individuals before they are offered sociated with retaining potential employees ‘‘(i) IN GENERAL.—The Secretary shall cre- employment. through the administrative appeals process ate and administer a grant program to help ‘‘(iii) Use of the System to reverify em- and receiving a nonconfirmation. provide funding for States that grant— ployment authorized status of current em- ‘‘(viii) An assessment of any backlogs or ‘‘(I) the Secretary access to driver’s license ployees except if authorized to do so. delays in the System providing the con- information as needed to confirm that a ‘‘(iv) Use of the System selectively, except firmation or further action notice and im- driver’s license presented under subsection in cases in which such use is authorized. pacts to hiring by employers. (c)(1)(D)(i) confirms the identity of the sub- ‘‘(v) Use of the System to deny employ- ‘‘(ix) An assessment of the effect of the ject of the System check, and that a driver’s ment or post-employment benefits or other- license matches the State’s records; and identity authentication mechanism and any wise interfere with labor rights. ‘‘(II) such assistance as the Secretary may other security measures set forth in sub- request in order to resolve further action no- ‘‘(vi) Requiring employees or applicants to section (c)(1)(F)(iv) to verify identity incor- tices or nonconfirmations relating to such use any self-verification feature or to pro- porated into the System or otherwise used information. vide self-verification results. by employers on employees. ‘‘(vii) Discouraging individuals who receive ‘‘(ii) CONSTRUCTION WITH THE DRIVER’S PRI- ‘‘(12) OUTREACH AND PARTNERSHIP.— a further action notice from challenging the VACY PROTECTION ACT OF 1994.—The provision ‘‘(A) OUTREACH.—The Secretary may con- of a photograph to the Secretary as de- further action notice or appealing a deter- duct outreach and establish programs to as- scribed in clause (i) may not be construed as mination made by the System. sist employers in verifying employment au- a violation of section 2721 of title 18, United ‘‘(E) An assessment of the rate of employee thorization and preventing identity fraud. States Code, and is a permissible use under noncompliance in each of the following cat- ‘‘(B) PARTNERSHIP INITIATIVE.—The Sec- subsection (b)(1) of that section. egories: retary may establish partnership initiatives ‘‘(iii) FUNDING.—Of amounts in the Border ‘‘(i) Obtaining employment when unau- between the Federal Government and private Security Enforcement Fund in section 1301 of thorized with an employer complying with sector employers to foster cooperative rela- the SECURE and SUCCEED Act, $500,000,000 the System in good faith. tionships and to strengthen overall hiring shall be available to carry out this subpara- ‘‘(ii) Failure to provide required documents practices. in a timely manner. graph. ‘‘(e) COMPLIANCE.— ‘‘(G) RESPONSIBILITIES OF THE SECRETARY ‘‘(iii) Attempting to use fraudulent docu- ‘‘(1) COMPLAINTS AND INVESTIGATIONS.—The OF STATE.—As part of the System, the Sec- ments or documents not related to the indi- vidual. Secretary shall establish procedures— retary of State shall provide to the Sec- ‘‘(A) for individuals and entities to file retary access to passport and visa informa- ‘‘(iv) Misuse of the administrative appeal complaints respecting potential violations of tion as needed to confirm that a passport, and judicial review process. subsections (a) or (f)(1); passport card, or visa presented under sub- ‘‘(F) An assessment of the amount of time ‘‘(B) for the investigation of those com- section (c)(1)(C) confirms the identity of the taken for— plaints which the Secretary deems appro- subject of the System check, and that a pass- ‘‘(i) the System to provide the confirma- priate to investigate; and port, passport card, or visa photograph tion or further action notice; matches the Secretary of State’s records, ‘‘(ii) individuals to contest further action ‘‘(C) for providing notification to the Spe- and shall provide such assistance as the Sec- notices; cial Counsel for Immigration-Related Unfair retary may request in order to resolve fur- ‘‘(iii) the System to provide a confirmation Employment Practices of the Department of ther action notices or nonconfirmations re- or nonconfirmation of a contested further Justice of potential violations of section lating to such information. action notice; 274B. ‘‘(H) UPDATING INFORMATION.—The Com- ‘‘(iv) individuals to file an administrative ‘‘(2) AUTHORITY IN INVESTIGATIONS.—In con- missioner, the Secretary, and the Secretary appeal of a nonconfirmation; and ducting investigations and proceedings under of State shall update their information in a ‘‘(v) resolving administrative appeals re- this subsection— manner that promotes maximum accuracy garding nonconfirmations. ‘‘(A) immigration officers shall have rea- and shall provide a process for the prompt ‘‘(11) ANNUAL GAO STUDY AND REPORT.— sonable access to examine evidence of the correction of erroneous information. ‘‘(A) REQUIREMENT.—The Comptroller Gen- employer being investigated; ‘‘(9) LIMITATION ON USE OF THE SYSTEM.— eral shall, for each year, undertake a study ‘‘(B) immigration officers designated by Notwithstanding any other provision of law, to evaluate the accuracy, efficiency, integ- the Secretary, and administrative law judges no department, bureau, or other agency of rity, and impact of the System. and other persons authorized to conduct pro- the United States Government or any other ‘‘(B) REPORT.—Not later than 18 months ceedings under this section, may compel by entity may use, share, or transmit any infor- after the promulgation of regulations to im- subpoena the attendance of relevant wit- mation, database, or other records assembled plement this subsection, and yearly there- nesses and the production of relevant evi- under this subsection for any purpose other after, the Comptroller General shall submit dence at any designated place in an inves- than for employment verification or to en- to Congress a report containing the findings tigation or case under this subsection. In sure secure, appropriate, and nondiscrim- of the study carried out under this para- case of refusal to fully comply with a sub- inatory use of the System. graph. Each such report shall include, at a poena lawfully issued under this paragraph, ‘‘(10) ANNUAL REPORT AND CERTIFICATION.— minimum, the following: the Secretary may request that the Attorney Not later than 18 months after the promulga- ‘‘(i) An assessment of System performance General apply in an appropriate district tion of regulations to implement this sub- with respect to the rate at which individuals court of the United States for an order re- section, and annually thereafter, the Sec- who are eligible for employment in the quiring compliance with the subpoena, and retary shall submit to Congress a report that United States are correctly approved within any failure to obey such order may be pun- includes the following: the required periods, including a separate as- ished by the court as contempt. Failure to ‘‘(A) An assessment, as submitted to the sessment of such rate for naturalized United cooperate with the subpoena shall be subject Secretary by the Inspector General of the States citizens, nationals of the United to further penalties, including further fines Department of Homeland Security pursuant States, and aliens. and the voiding of any mitigation of pen- to paragraph (8)(C)(iii)(I), of the accuracy ‘‘(ii) An assessment of the privacy and con- alties or termination of proceedings under rates of further action notices and other Sys- fidentiality of the System and of the overall paragraph (4)(E); and tem notices provided by employers to indi- security of the System with respect to ‘‘(C) the Secretary, in cooperation with the viduals who are authorized to be employed in cybertheft and theft or misuse of private Commissioner and Attorney General, and in the United States. data. consultation with other relevant agencies, ‘‘(B) An assessment, as submitted to the ‘‘(iii) An assessment of whether the Sys- shall establish a Joint Employment Fraud Secretary by the Inspector General of the tem is being implemented in a manner that Task Force consisting of, at a minimum— Department of Homeland Security pursuant is not discriminatory or used for retaliation ‘‘(i) the System’s compliance personnel; to paragraph (8)(C)(iii)(I), of the accuracy against employees. ‘‘(ii) immigration law enforcement officers;

VerDate Sep 11 2014 05:05 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00171 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.034 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S1100 CONGRESSIONAL RECORD — SENATE February 14, 2018 ‘‘(iii) personnel of the Office of Special pay a civil penalty of not less than $10,000 regulations implementing this section as in Counsel for Immigration-Related Unfair Em- and not more than $25,000 for each unauthor- effect the minute before such date of enact- ployment Practices of the Department of ized alien with respect to which a violation ment with respect to knowing hiring or con- Justice; of either subsection (a)(1)(A) or (a)(2) oc- tinuing employment, verification, or indem- ‘‘(iv) personnel of the Office for Civil curred. nity bond violations, as appropriate, shall Rights and Civil Liberties of the Depart- ‘‘(B) ENHANCED PENALTIES.—After the Sec- apply. ment; and retary certifies to Congress that the System ‘‘(5) ORDER OF INTERNAL REVIEW AND CER- ‘‘(v) personnel of Office of Inspector Gen- has been established, implemented, and TIFICATION OF COMPLIANCE.— eral of the Social Security Administration. made mandatory for use by all employers in ‘‘(A) EMPLOYER COMPLIANCE.—If the Sec- ‘‘(3) COMPLIANCE PROCEDURES.— the United States, the Secretary may estab- retary has reasonable cause to believe that ‘‘(A) PRE-PENALTY NOTICE.—If the Sec- lish an enhanced civil penalty for an em- an employer has failed to comply with this retary has reasonable cause to believe that ployer who— section, the Secretary is authorized, at any there has been a civil violation of this sec- ‘‘(i) fails to query the System to verify the time, to require that the employer certify tion in the previous 3 years, the Secretary identify and work authorized status of an in- that it is in compliance with this section, or shall issue to the employer concerned a writ- dividual; and has instituted a program to come into com- ten notice of the Department’s intention to ‘‘(ii) violates a Federal, State, or local law pliance. issue a claim for a monetary or other pen- related to— ‘‘(B) EMPLOYER CERTIFICATION.— alty. Such pre-penalty notice shall— ‘‘(I) the payment of wages; ‘‘(i) REQUIREMENT.—Except as provided in ‘‘(i) describe the violation; ‘‘(II) hours worked by employees; or subparagraph (C), not later than 60 days ‘‘(ii) specify the laws and regulations alleg- ‘‘(III) workplace health and safety. after receiving a notice from the Secretary edly violated; ‘‘(C) RECORDKEEPING OR VERIFICATION PRAC- requiring a certification under subparagraph ‘‘(iii) disclose the material facts which es- TICES.—Any employer that violates or fails (A), an official with responsibility for, and tablish the alleged violation; to comply with any requirement under sub- authority to bind the company on, all hiring ‘‘(iv) describe the penalty sought to be im- section (a)(1)(B), other than a minor or inad- and immigration compliance notices shall posed; and vertent failure, as determined by the Sec- certify under penalty of perjury that the em- ‘‘(v) inform such employer that such em- retary, shall pay a civil penalty of— ployer is in conformance with the require- ployer shall have a reasonable opportunity ‘‘(i) not less than $500 and not more than ments of paragraphs (1) through (4) of sub- to make representations as to why a mone- $2,000 for each violation; section (c), pertaining to document tary or other penalty should not be imposed. ‘‘(ii) if an employer has previously been verification requirements, and with sub- ‘‘(B) EMPLOYER’S RESPONSE.—Whenever any fined under this paragraph, not less than section (d), pertaining to the System (once employer receives written pre-penalty notice $1,000 and not more than $4,000 for each vio- the System is implemented with respect to of a fine or other penalty in accordance with lation; and that employer according to the requirements subparagraph (A), the employer may, within ‘‘(iii) if an employer has previously been under subsection (d)(2)), and with any addi- 60 days from receipt of such notice, file with fined more than once under this paragraph, tional requirements that the Secretary may the Secretary its written response to the no- not less than $2,000 and not more than $8,000 promulgate by regulation pursuant to sub- tice. The response may include any relevant for each violation. section (c) or (d) or that the employer has in- evidence or proffer of evidence that the em- ‘‘(D) OTHER PENALTIES.—The Secretary stituted a program to come into compliance ployer wishes to present with respect to may impose additional penalties for viola- with these requirements. whether the employer violated this section tions, including cease and desist orders, spe- ‘‘(ii) APPLICATION.—Clause (i) shall not and whether, if so, the penalty should be cially designed compliance plans to prevent apply until the date that the Secretary cer- mitigated, and shall be filed and considered further violations, suspended fines to take tifies to Congress that the System has been in accordance with procedures to be estab- effect in the event of a further violation, and established, implemented, and made manda- lished by the Secretary. in appropriate cases, the remedy provided by tory for use by all employers in the United ‘‘(C) RIGHT TO A HEARING.—Before issuance subsection (f)(2). States. of an order imposing a penalty on any em- ‘‘(E) MITIGATION.—The Secretary or, if an ‘‘(C) EXTENSION OF DEADLINE.—At the re- ployer, person, or entity, the employer, per- employer requests a hearing, the administra- quest of the employer, the Secretary may ex- son, or entity shall be entitled to a hearing tive law judge, is authorized, upon such tend the 60-day deadline for good cause. before an administrative law judge, if re- terms and conditions as the Secretary or ad- ‘‘(D) STANDARDS OR METHODS.—The Sec- quested within 60 days of the notice of pen- ministrative law judge deems reasonable and retary is authorized to publish in the Federal alty. The hearing shall be held at the nearest just and in accordance with such procedures Register standards or methods for such cer- location practicable to the place where the as the Secretary may establish or any proce- tification, require specific recordkeeping employer, person, or entity resides or of the dures established governing the administra- practices with respect to such certifications, place where the alleged violation occurred. tive law judge’s assessment of penalties, to and audit the records thereof at any time. ‘‘(D) ISSUANCE OF ORDERS.—If no hearing is reduce or mitigate penalties imposed upon This authority shall not be construed to di- so requested, the Secretary’s imposition of employers, based upon factors including, the minish or qualify any other penalty provided the order shall constitute a final and employer’s hiring volume, compliance his- by this section. unappealable order. If a hearing is requested tory, good-faith implementation of a compli- ‘‘(6) REQUIREMENTS FOR REVIEW OF A FINAL and the administrative law judge deter- ance program, the size and level of sophis- DETERMINATION.—With respect to judicial re- mines, upon clear and convincing evidence tication of the employer, and voluntary dis- view of a final determination or penalty received, that there was a violation, the ad- closure of violations of this subsection to the order issued under paragraph (3)(D), the fol- ministrative law judge shall issue the final Secretary. The Secretary or administrative lowing requirements apply: determination with a written penalty claim. law judge shall not mitigate a penalty below ‘‘(A) DEADLINE.—The petition for review The penalty claim shall specify all charges the minimum penalty provided by this sec- must be filed no later than 30 days after the in the information provided under clauses (i) tion, except that the Secretary may, in the date of the final determination or penalty through (iii) of subparagraph (A) and any case of an employer subject to penalty for order issued under paragraph (3)(D). mitigation of the penalty that the adminis- recordkeeping or verification violations only ‘‘(B) VENUE AND FORMS.—The petition for trative law judge deems appropriate under who has not previously been penalized under review shall be filed with the court of ap- paragraph (4)(E). this section, in the Secretary’s or adminis- peals for the judicial circuit where the em- ‘‘(4) CIVIL PENALTIES.— trative law judge’s discretion, mitigate the ployer’s principal place of business was lo- ‘‘(A) HIRING OR CONTINUING TO EMPLOY UN- penalty below the statutory minimum or cated when the final determination or pen- AUTHORIZED ALIENS.—Any employer that vio- remit it entirely. In any case where a civil alty order was made. The record and briefs lates any provision of subsection (a)(1)(A) or money penalty has been imposed on an em- do not have to be printed. The court shall re- (a)(2) shall— ployer under section 274B for an action or view the proceeding on a typewritten or elec- ‘‘(i) pay a civil penalty of not less than omission that is also a violation of this sec- tronically filed record and briefs. $3,500 and not more than $7,500 for each un- tion, the Secretary or administrative law ‘‘(C) SERVICE.—The respondent is the Sec- authorized alien with respect to which each judge shall mitigate any civil money penalty retary. In addition to serving the respond- violation of either subsection (a)(1)(A) or under this section by the amount of the pen- ent, the petitioner shall serve the Attorney (a)(2) occurred; alty imposed under section 274B. General. ‘‘(ii) if the employer has previously been ‘‘(F) EFFECTIVE DATE.—The civil money ‘‘(D) PETITIONER’S BRIEF.—The petitioner fined as a result of a previous enforcement penalty amounts and the enhanced penalties shall serve and file a brief in connection with action or previous violation under this para- provided by subparagraphs (A), (B), and (C) a petition for judicial review not later than graph, pay a civil penalty of not less than of this paragraph and by subsection (f)(2) 40 days after the date on which the adminis- $5,000 and not more than $15,000 for each un- shall apply to violations of this section com- trative record is available, and may serve authorized alien with respect to which a vio- mitted on or after the date that is 1 year and file a reply brief not later than 14 days lation of either subsection (a)(1)(A) or (a)(2) after the date of the enactment of the SE- after service of the brief of the respondent, occurred; and CURE and SUCCEED Act. For violations and the court may not extend these dead- ‘‘(iii) if the employer has previously been committed prior to such date of enactment, lines, except for good cause shown. If a peti- fined more than once under this paragraph, the civil money penalty amounts provided by tioner fails to file a brief within the time

VerDate Sep 11 2014 05:05 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00172 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.034 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S1101 provided in this paragraph, the court shall corder of Deeds of the District of Columbia, than 3 occasions or is convicted of a crime dismiss the appeal unless a manifest injus- if the property subject to the lien is situated under this section, the employer shall be tice would result. in the District of Columbia. considered for debarment from the receipt of ‘‘(E) SCOPE AND STANDARD FOR REVIEW.— ‘‘(B) SITUS OF PROPERTY SUBJECT TO LIEN.— Federal contracts, grants, or cooperative The court of appeals shall conduct a de novo For purposes of subparagraph (A), property agreements in accordance with the proce- review of the administrative record on which shall be deemed to be situated as follows: dures and standards and for the periods pre- the final determination was based and any ‘‘(i) REAL PROPERTY.—In the case of real scribed by the Federal Acquisition Regula- additional evidence that the Court finds was property, at its physical location. tion. However, any administrative deter- previously unavailable at the time of the ad- ‘‘(ii) PERSONAL PROPERTY.—In the case of mination of liability for civil penalty by the ministrative hearing. personal property, whether tangible or in- Secretary or the Attorney General shall not ‘‘(F) EXHAUSTION OF ADMINISTRATIVE REM- tangible, at the residence of the taxpayer at be reviewable in any debarment proceeding. EDIES.—A court may review a final deter- the time the notice of lien is filed. ‘‘(2) INADVERTENT VIOLATIONS.—Inadvertent mination under paragraph (3)(C) only if— ‘‘(C) DETERMINATION OF RESIDENCE.—For violations of recordkeeping or verification ‘‘(i) the petitioner has exhausted all ad- purposes of subparagraph (B)(ii), the resi- requirements, in the absence of any other ministrative remedies available to the peti- dence of a corporation or partnership shall violations of this section, shall not be a basis tioner as of right, including any administra- be deemed to be the place at which the prin- for determining that an employer is a repeat tive remedies established by regulation; and cipal executive office of the business is lo- violator for purposes of this subsection. ‘‘(ii) another court has not decided the va- cated, and the residence of a taxpayer whose ‘‘(3) OTHER REMEDIES AVAILABLE.—Nothing lidity of the order, unless the reviewing residence is outside the United States shall in this subsection shall be construed to mod- court finds that the petition presents be deemed to be in the District of Columbia. ify or limit any remedy available to any grounds that could not have been presented ‘‘(D) EFFECT OF FILING NOTICE OF LIEN.— agency or official of the Federal Government in the prior judicial proceeding or that the ‘‘(i) IN GENERAL.—Upon filing of a notice of for violation of any contractual requirement remedy provided by the prior proceeding was lien in the manner described in this para- to participate in the System, as provided in inadequate or ineffective to test the validity graph, the lien shall be valid against any the final rule relating to employment eligi- of the order. purchaser, holder of a security interest, me- bility verification published in the Federal ‘‘(G) ENFORCEMENT OF ORDERS.—If the final chanic’s lien, or judgment lien creditor, ex- Register on November 14, 2008 (73 Fed. Reg. determination issued against the employer cept with respect to properties or trans- 67,651), or any similar subsequent regulation. under this subsection is not subjected to re- actions specified in subsection (b), (c), or (d) ‘‘(h) PREEMPTION.—The provisions of this view as provided in this paragraph, the At- of section 6323 of the Internal Revenue Code section preempt any State or local law, ordi- torney General, upon request by the Sec- of 1986 for which a notice of tax lien properly nance, policy, or rule, including any crimi- retary, may bring a civil action to enforce filed on the same date would not be valid. nal or civil fine or penalty structure, relat- compliance with the final determination in ‘‘(ii) NOTICE OF LIEN.—The notice of lien ing to the hiring, continued employment, or any appropriate district court of the United shall be considered a notice of lien for taxes status verification for employment eligi- States. The court, on a proper showing, shall payable to the United States for the purpose bility purposes, of unauthorized aliens. A issue a temporary restraining order or a pre- of any State or local law providing for the State, locality, municipality, or political liminary or permanent injunction requiring filing of a notice of a tax lien. A notice of subdivision may exercise its authority over that the employer comply with the final de- lien that is registered, recorded, docketed, or business licensing and similar laws as a pen- termination issued against that employer indexed in accordance with the rules and re- alty for failure to use the System. under this subsection. In any such civil ac- quirements relating to judgments of the ‘‘(i) DEPOSIT OF AMOUNTS RECEIVED.—Ex- tion, the validity and appropriateness of the courts of the State where the notice of lien cept as otherwise specified, civil penalties final determination shall not be subject to is registered, recorded, docketed, or indexed collected under this section shall be depos- review. shall be considered for all purposes as the fil- ited by the Secretary into the Comprehen- ‘‘(7) CREATION OF LIEN.—If any employer ing prescribed by this section. sive Immigration Reform Trust Fund estab- liable for a fee or penalty under this section ‘‘(iii) OTHER PROVISIONS.—The provisions of lished under section 6(a)(1) of the SECURE neglects or refuses to pay such liability after section 3201(e) of title 28, United States Code, and SUCCEED Act. demand and fails to file a petition for review shall apply to liens filed as prescribed by this ‘‘(j) CHALLENGES TO VALIDITY OF THE SYS- (if applicable) as provided in paragraph (6), paragraph. TEM.— the amount of the fee or penalty shall be a ‘‘(E) ENFORCEMENT OF A LIEN.—A lien ob- ‘‘(1) IN GENERAL.—Any right, benefit, or lien in favor of the United States on all prop- tained through this paragraph shall be con- claim not otherwise waived or limited pursu- erty and rights to property, whether real or sidered a debt as defined by section 3002 of ant to this section is available in an action personal, belonging to such employer. If a title 28, United States Code and enforceable instituted in the United States District petition for review is filed as provided in pursuant to chapter 176 of such title. Court for the District of Columbia, but shall paragraph (6), the lien shall arise upon the ‘‘(9) ATTORNEY GENERAL ADJUDICATION.— be limited to determinations of— entry of a final judgment by the court. The The Attorney General shall have jurisdiction ‘‘(A) whether this section, or any regula- lien continues for 20 years or until the liabil- to adjudicate administrative proceedings tion issued to implement this section, vio- ity is satisfied, remitted, set aside, or termi- under this subsection. Such proceedings lates the Constitution of the United States; nated. shall be conducted in accordance with re- or ‘‘(8) FILING NOTICE OF LIEN.— quirements of section 554 of title 5, United ‘‘(B) whether such a regulation issued by ‘‘(A) PLACE FOR FILING.—The notice of a States Code. or under the authority of the Secretary to lien referred to in paragraph (7) shall be filed ‘‘(f) CRIMINAL AND CIVIL PENALTIES AND IN- implement this section, is contrary to appli- as described in 1 of the following: JUNCTIONS.— cable provisions of this section or was issued ‘‘(i) UNDER STATE LAWS.— ‘‘(1) PROHIBITION OF INDEMNITY BONDS.—It is in violation of chapter 5 of title 5, United ‘‘(I) REAL PROPERTY.—In the case of real unlawful for an employer, in the hiring of States Code. property, in 1 office within the State (or the any individual, to require the individual to ‘‘(2) DEADLINES FOR BRINGING ACTIONS.— county, or other governmental subdivision), post a bond or security, to pay or agree to Any action instituted under this subsection as designated by the laws of such State, in pay an amount, or otherwise to provide a fi- must be filed no later than 180 days after the which the property subject to the lien is sit- nancial guarantee or indemnity, against any date the challenged section or regulation de- uated. potential liability arising under this section scribed in subparagraph (A) or (B) of para- ‘‘(II) PERSONAL PROPERTY.—In the case of relating to such hiring of the individual. graph (1) becomes effective. No court shall personal property, whether tangible or in- ‘‘(2) CIVIL PENALTY.—Any employer who is have jurisdiction to review any challenge de- tangible, in 1 office within the State (or the determined, after notice and opportunity for scribed in subparagraph (B) after the time county, or other governmental subdivision), mitigation of the monetary penalty under period specified in this subsection expires. as designated by the laws of such State, in subsection (e), to have violated paragraph (1) ‘‘(k) CRIMINAL PENALTIES AND INJUNCTIONS which the property subject to the lien is sit- shall be subject to a civil penalty of $10,000 FOR PATTERN OR PRACTICE VIOLATIONS.— uated, except that State law merely con- for each violation and to an administrative ‘‘(1) PATTERN AND PRACTICE.—Any em- forming to or reenacting Federal law estab- order requiring the return of any amounts ployer who engages in a pattern or practice lishing a national filing system does not con- received in violation of such paragraph to of knowing violations of subsection (a)(1)(A) stitute a second office for filing as des- the employee or, if the employee cannot be or (a)(2) shall be fined under title 18, United ignated by the laws of such State. located, to the general fund of the Treasury. States Code, no more than $10,000 for each ‘‘(ii) WITH CLERK OF DISTRICT COURT.—In ‘‘(g) GOVERNMENT CONTRACTS.— unauthorized alien with respect to whom the office of the clerk of the United States ‘‘(1) CONTRACTORS AND RECIPIENTS.—When- such violation occurs, imprisoned for not district court for the judicial district in ever an employer who is a Federal con- more than 2 years for the entire pattern or which the property subject to the lien is sit- tractor (meaning an employer who holds a practice, or both. uated, whenever the State has not by law Federal contract, grant, or cooperative ‘‘(2) TERM OF IMPRISONMENT.—The max- designated 1 office which meets the require- agreement, or reasonably may be expected to imum term of imprisonment of a person con- ments of clause (i). submit an offer for or be awarded a govern- victed of any criminal offense under the ‘‘(iii) WITH RECORDER OF DEEDS OF THE DIS- ment contract) is determined by the Sec- United States Code shall be increased by 5 TRICT OF COLUMBIA.—In the office of the Re- retary to have violated this section on more years if the offense is committed as part of

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a pattern or practice of violations of sub- (2) the interaction of such System with the (A) CONTINUATION OF E-VERIFY PROGRAM.— section (a)(1)(A) or (a)(2). process to admit nonimmigrant workers pur- Notwithstanding the repeals made by para- ‘‘(3) ENJOINING OF PATTERN OR PRACTICE suant to section 218 or 218A of the Immigra- graph (1), the Secretary shall continue to op- VIOLATIONS.—Whenever the Secretary or the tion and Nationality Act (8 U.S.C. 1188 et erate the E-Verify Program as described in Attorney General has reasonable cause to be- seq.) and with enforcement of the immigra- section 403 of the Illegal Immigration Re- lieve that an employer is engaged in a pat- tion laws; and form and Immigrant Responsibility Act of tern or practice of employment in violation (3) the collaborative use of processes of 1996 (division C of Public Law 104–208; 8 of subsection (a)(1)(A) or (a)(2), the Attorney other Federal and State agencies that inter- U.S.C. 1324a note), as in effect the minute be- General may bring a civil action in the ap- sect with the agriculture industry. fore the date of the enactment of this Act, propriate district court of the United States (c) REPORT ON IMPACT OF THE SYSTEM ON until the transition to the System described requesting such relief, including a perma- EMPLOYERS.—Not later than 18 months after in section 274A(d) of the Immigration and nent or temporary injunction, restraining the date of the enactment of this Act, the Nationality Act, as amended by subsection order, or other order against the employer, Secretary shall submit to Congress a report (a), is determined by the Secretary to be as the Secretary or Attorney General deems that assesses— complete. necessary. (1) the implementation of the Employment (B) TRANSITION TO THE SYSTEM.—Any em- ‘‘(l) CRIMINAL PENALTIES FOR UNLAWFUL Verification System established under sec- ployer who was participating in the E-Verify AND ABUSIVE EMPLOYMENT.— tion 274A(d) of the Immigration and Nation- Program described in section 403 of the Ille- ‘‘(1) IN GENERAL.—Any person who, during ality Act, as amended by subsection (a), by gal Immigration Reform and Immigrant Re- any 12-month period, knowingly employs or employers; sponsibility Act of 1996 (division C of Public hires, employs, recruits, or refers for a fee (2) any adverse impact on the revenues, Law 104–208; 8 U.S.C. 1324a note), as in effect for employment 10 or more individuals with- business processes, or profitability of em- the minute before the date of the enactment in the United States who are under the con- ployers required to use such System; and of this Act, shall participate in the System trol and supervision of such person— (3) the economic impact of such System on described in section 274A(d) of the Immigra- ‘‘(A) knowing that the individuals are un- small businesses. tion and Nationality Act, as amended by authorized aliens; and (d) GOVERNMENT ACCOUNTABILITY OFFICE subsection (a), to the same extent and in the ‘‘(B) under conditions that violate section STUDY OF THE EFFECTS OF DOCUMENT RE- same manner that the employer participated 5(a) of the Occupational Safety and Health QUIREMENTS ON EMPLOYMENT AUTHORIZED in such E-Verify Program. Act of 1970 (29 U.S.C. 654(a) (relating to occu- PERSONS AND EMPLOYERS.— (3) CONSTRUCTION.—The repeal made by pational safety and health), section 6 or 7 of (1) STUDY.—The Comptroller General of the paragraph (1) may not be construed to limit the Fair Labor Standards Act of 1938 (29 United States shall carry out a study of— the authority of the Secretary to allow or U.S.C. 206 and 207) (relating to minimum (A) the effects of the documentary require- continue to allow the participation in such wages and maximum hours of employment), ments of section 274A of the Immigration System of employers who have participated section 3142 of title 40, United States Code, and Nationality Act, as amended by sub- in such E-Verify Program, as in effect on the (relating to required wages on construction section (a), on employers, naturalized United minute before the date of the enactment of contracts), or sections 6703 or 6704 of title 41, States citizens, nationals of the United this Act. United States Code, (relating to required States, and individuals with employment au- (f) CONFORMING AMENDMENT.—Section wages on service contracts), thorized status; and 274(a) of the Immigration and Nationality shall be fined under title 18, United States (B) the challenges such employers, citi- Act (8 U.S.C. 1324(a)) is amended— Code, or imprisoned for not more than 10 zens, nationals, or individuals may face in (1) by striking paragraph (3); and years, or both. obtaining the documentation required under (2) by redesignating paragraph (4) as para- ‘‘(2) ATTEMPT AND CONSPIRACY.—Any per- that section. graph (3). (g) TAXPAYER ADDRESS INFORMATION.—Sec- son who attempts or conspires to commit (2) REPORT.—Not later than 4 years after tion 6103(m) of the Internal Revenue Code of any offense under this section shall be pun- the date of the enactment of this Act, the ished in the same manner as a person who 1986 is amended by adding at the end the fol- Comptroller General shall submit to Con- lowing: completes the offense. gress a report containing the findings of the ‘‘(8) TAXPAYER ADDRESS INFORMATION FUR- ‘‘(m) LIMITATION ON ADJUSTMENT OF STA- study carried out under paragraph (1). Such NISHED TO SECRETARY OF HOMELAND SECU- TUS.—The Secretary may not adjust the sta- report shall include, at a minimum, the fol- tus of aliens who have been granted reg- RITY.—Upon written request from the Sec- lowing: retary of Homeland Security, the Secretary istered provisional immigrant status, except (A) An assessment of available information for aliens granted blue card status as de- shall disclose the mailing address of any tax- regarding the number of working age nation- scribed in section 245D(b), unless the Sec- payer who is entitled to receive a notifica- als of the United States and individuals who retary, after consultation with the Comp- tion from the Secretary of Homeland Secu- have employment authorized status who troller General of the United States, certifies rity pursuant to paragraphs (1)(C) and lack documents required for employment by in writing to the President and Congress (8)(E)(vii) of section 274A(d) of the Immigra- such section 274A. that the Secretary has implemented the Sys- tion and Nationality Act (8 U.S.C. 1324a(d)) (B) A description of the additional steps re- tem, including the full incorporation of the for use only by employees of the Department quired for individuals who have employment photo tool and additional security measures, of Homeland for the purpose of mailing such authorized status and do not possess the doc- required by this section, and has required notification to such taxpayer.’’. uments required by such section 274A to ob- the use of the System by all employers to (h) SOCIAL SECURITY ACCOUNT STATE- prevent unauthorized workers from obtain- tain such documents. MENTS.—Section 1143(a)(2) of the Social Secu- ing employment in the United States.’’. (C) A general assessment of the average fi- rity Act (8 U.S.C. 1320b–13(a)(2)) is amended— (b) REPORT ON USE OF THE SYSTEM IN THE nancial costs for individuals who have em- (1) in subparagraph (D), by striking ‘‘and’’ AGRICULTURAL INDUSTRY.—Not later than 18 ployment authorized status who do not pos- at the end; months after the date of the enactment of sess the documents required by such section (2) in subparagraph (E), by striking the pe- this Act, the Secretary, in consultation with 274A to obtain such documents. riod at the end and inserting ‘‘; and’’; and the Secretary of Agriculture, shall submit a (D) A general assessment of the average fi- (3) by adding at the end the following: report to Congress that assesses implementa- nancial costs and challenges for employers ‘‘(F) to the extent resources are available, tion of the Employment Verification System who have been required to participate in the information in the Commissioner’s records established under section 274A(d) of the Im- Employment Verification System estab- indicating that a query was submitted to the migration and Nationality Act, as amended lished by subsection (d) of such section 274A. employment verification system established by subsection (a), in the agricultural indus- (E) A description of the barriers to individ- under section 274A(d) of the Immigration and try, including the use of such System tech- uals who have employment authorized status Nationality Act (8 U.S.C. 1324a(d)) under that nology in agriculture industry hiring proc- in obtaining the documents required by such individual’s name or social security number; esses, user, contractor, and third-party em- section 274A, including barriers imposed by and ployer agent employment practices, timing the executive branch of the Government. ‘‘(G) a toll-free telephone number operated and logistics regarding employment (F) Any particular challenges facing indi- by the Department of Homeland Security for verification and reverification processes to viduals who have employment authorized employment verification system inquiries meet agriculture industry practices, and status who are members of a federally recog- and a link to self-verification procedure es- identification of potential challenges and nized Indian tribe in complying with the pro- tablished under section 274A(d)(4)(I) of such modifications to meet the unique needs of visions of such section 274A. Act (8 U.S.C. 1324a(d)(4)(I)).’’. the agriculture industry. Such report shall (e) REPEAL OF PILOT PROGRAMS AND E- (i) GOOD FAITH COMPLIANCE.—Section review— VERIFY AND TRANSITION PROCEDURES.— 274B(a) of the Immigration and Nationality (1) the modality of access, training and (1) REPEAL.—Sections 401, 402, 403, 404, and Act (8 U.S.C. 1324b(a)) is amended by adding outreach, customer support, processes for 405 of the Illegal Immigration Reform and at the end the following: further action notices and secondary Immigrant Responsibility Act of 1996 (divi- ‘‘(7) TREATMENT OF CERTAIN VIOLATIONS verifications for short-term workers, moni- sion C of Public Law 104–208; 8 U.S.C. 1324a AFTER REASONABLE STEPS IN GOOD FAITH.— toring, and compliance procedures for such note) are repealed. Notwithstanding paragraphs (4) and (6), a System; (2) TRANSITION PROCEDURES.— person, other entity, or employment agency

VerDate Sep 11 2014 05:05 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00174 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.034 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S1103

shall not be liable for civil penalties de- (3) FUNDING.—From amounts in the Border (ii) Records concerning the application for scribed in subsection (g)(2)(B)(iv) that are re- Security Enforcement Funds under section and issuance of a social security account lated to a violation of any such paragraph if 1301, there shall be available such sums as number or social security card. the person, entity, or employment agency may be necessary to carry out this section (iii) Records concerning the existence or has taken reasonable steps, in good faith, to and the amendments made by this section. nonexistence of a social security account comply with such paragraphs at issue, unless (b) MULTIPLE CARDS.—Section 205(c)(2)(G) number or social security card. the person, other entity, or employment of the Social Security Act (42 U.S.C. (B) LIMITATION.—The Commissioner of So- agency— 405(c)(2)(G)), as amended by subsection (a)(2), cial Security shall not disclose any tax re- ‘‘(A) was, for similar conduct, subject to— is amended— turn or tax return information pursuant to ‘‘(i) a reasonable cause determination by (1) by inserting ‘‘(i)’’ after ‘‘(G)’’; and subparagraph (A) except as authorized by the Office of Special Counsel for Immigra- (2) by adding at the end the following: section 6103 of the Internal Revenue Code of tion Related Unfair Employment Practices; ‘‘(ii) The Commissioner of Social Security 1986. or shall restrict the issuance of multiple re- SEC. 2003. INCREASING SECURITY AND INTEG- ‘‘(ii) a finding by an administrative law placement social security cards to any indi- RITY OF IMMIGRATION DOCUMENTS. judge that a violation of this section has oc- vidual to 3 per year and 10 for the life of the Not later than 1 year after the date of the curred. individual, except that the Commissioner enactment of this Act, the Secretary shall ‘‘(8) RULES OF CONSTRUCTION.—Nothing in may allow for reasonable exceptions from submit a report to Congress on the feasi- this section may be construed— the limits under this clause on a case-by- bility, advantages, and disadvantages of in- ‘‘(A) to permit the Office of Special Coun- case basis in compelling circumstances.’’. cluding, in addition to a photograph, other sel for Immigration-Related Unfair Employ- (c) CRIMINAL PENALTIES.— biometric information on each employment ment Practices or an administrative law (1) SOCIAL SECURITY FRAUD.— authorization document issued by the De- judge hearing a claim under this Section to (A) IN GENERAL.—Chapter 47 of title 18, partment. enforce any workplace rights other than United States Code, is amended by inserting SEC. 2004. RESPONSIBILITIES OF THE SOCIAL SE- those guaranteed under this section; or at the end the following: CURITY ADMINISTRATION. ‘‘(B) to prohibit any person, other entity, ‘‘§ 1041. Social Security fraud Title XI of the Social Security Act (42 or employment agency from using an iden- U.S.C. 1301 et seq.) is amended by adding at tity verification system, service, or method ‘‘Any person who— the end the following new part: (in addition to the employment verification ‘‘(1) knowingly possesses or uses a social system described in section 274A(d)), until security account number or social security ‘‘PART E—EMPLOYMENT VERIFICATION the date on which the employer is required card knowing that the number or card was ‘‘SEC. 1186. RESPONSIBILITIES OF THE COMMIS- to participate in the System under section obtained from the Commissioner of Social SIONER OF SOCIAL SECURITY. 274A(d)(2) and the additional security meas- Security by means of fraud or false state- ‘‘(a) CONFIRMATION OF EMPLOYMENT ures mandated by section 274A(c)(F)(iv) have ment; VERIFICATION DATA.—As part of the employ- become available to verify the identity of a ‘‘(2) knowingly and falsely represents a ment verification system established by the newly hired employee, if such system— number to be the social security account Secretary of Homeland Security under the ‘‘(i) is used in a uniform manner for all number assigned by the Commissioner of So- provisions of section 274A of the Immigra- newly hired employees; cial Security to him or her or to another per- tion and Nationality Act (8 U.S.C. 1324a) (in ‘‘(ii) is not used for the purpose or with the son, when such number is known not to be this section referred to as the ‘System’), the intent of discriminating against any indi- the social security account number assigned Commissioner of Social Security shall, sub- vidual; by the Commissioner of Social Security to ject to the provisions of section 274A(d) of ‘‘(iii) provides for timely notice to employ- him or her or to such other person; the Immigration and Nationality Act (8 ees run through the system of a mismatch or ‘‘(3) knowingly, and without lawful author- U.S.C. 1324a(d)), establish a reliable, secure failure to confirm identity; and ity, buys, sells, or possesses with intent to method that, operating through the System ‘‘(iv) sets out procedures for employees run buy or sell a social security account number and within the time periods specified in sec- through the system to resolve a mismatch or or a social security card that is or purports tion 274A(d) of such Act— other failure to confirm identity. to be a number or card issued by the Com- ‘‘(1) compares the name, date of birth, so- ‘‘(j) MAINTENANCE OF REASONABLE LEVELS missioner of Social Security; cial security account number, and available OF SERVICE AND ENFORCEMENT.—Amounts ‘‘(4) knowingly alters, counterfeits, forges, citizenship information provided in an in- available in the Border Security Enforce- or falsely makes a social security account quiry against such information maintained ment Fund under section 1301 of the SE- number or a social security card; by the Commissioner in order to confirm (or CURE and SUCCEED Act shall be available ‘‘(5) knowingly uses, distributes, or trans- not confirm) the validity of the information to maintain reasonable levels of service and fers a social security account number or a provided regarding an individual whose iden- enforcement rather than a specific numeric social security card knowing the number or tity and employment eligibility must be con- increase in the number of Department per- card to be intentionally altered, counter- firmed; sonnel dedicated to administering the Em- feited, forged, falsely made, or stolen; or ‘‘(2) determines the correspondence of the ployment Verification System.’’. ‘‘(6) without lawful authority, knowingly name, date of birth, and number; produces or acquires for any person a social SEC. 2002. INCREASING SECURITY AND INTEG- ‘‘(3) determines whether the name and RITY OF SOCIAL SECURITY CARDS. security account number, a social security number belong to an individual who is de- card, or a number or card that purports to be (a) FRAUD-RESISTANT, TAMPER-RESISTANT, ceased according to the records maintained a social security account number or social WEAR-RESISTANT, AND IDENTITY THEFT-RE- by the Commissioner; security card, SISTANT SOCIAL SECURITY CARDS.— ‘‘(4) determines whether an individual is a (1) ISSUANCE.— shall be fined under this title, imprisoned national of the United States, as defined in (A) PRELIMINARY WORK.—Not later than 180 not more than 5 years, or both.’’. section 101(a)(22) of the Immigration and Na- days after the date of the enactment of this (B) TABLE OF SECTIONS AMENDMENT.—The tionality Act (8 U.S.C. 1101(a)(22)); and Act, the Commissioner of Social Security table of sections for chapter 47 of title 18, ‘‘(5) determines whether the individual has shall begin work to administer and issue United States Code, is amended by adding presented a social security account number fraud-resistant, tamper-resistant, wear-re- after the item relating to section 1040 the that is not valid for employment. sistant, and identity theft-resistant social following: ‘‘(b) PROHIBITION.—The System shall not security cards. ‘‘1041. Social Security fraud.’’. disclose or release social security informa- (B) COMPLETION.—Not later than 5 years (2) INFORMATION DISCLOSURE.— tion to employers through the confirmation after the date of the enactment of this Act, (A) IN GENERAL.—Notwithstanding any system (other than such confirmation or the Commissioner of Social Security shall other provision of law and subject to sub- nonconfirmation, information provided by issue only social security cards determined paragraph (B), the Commissioner of Social the employer to the System, or the reason to be fraud-resistant, tamper-resistant, Security shall disclose for the purpose of in- for the issuance of a further action notice).’’. wear-resistant, and identity theft-resistant. vestigating a violation of section 1041 of title SEC. 2005. IMPROVED PROHIBITION ON DIS- (2) AMENDMENT.— 18, United States Code, or section 274A, 274B, CRIMINATION BASED ON NATIONAL (A) IN GENERAL.—Section 205(c)(2)(G) of the or 274C of the Immigration and Nationality ORIGIN OR CITIZENSHIP STATUS. Social Security Act (42 U.S.C. 405(c)(2)(G)) is Act (8 U.S.C. 1324a, 1324b, and 1324c), after re- (a) IN GENERAL.—Section 274B(a) of the Im- amended by striking the second sentence and ceiving a written request from an officer in migration and Nationality Act (8 U.S.C. inserting the following: ‘‘The social security a supervisory position or higher official of 1324b(a)) is amended to read as follows: card shall be fraud-resistant, tamper-resist- any Federal law enforcement agency, the fol- ‘‘(a) PROHIBITION ON DISCRIMINATION BASED ant, wear-resistant, and identity theft-resist- lowing records of the Social Security Admin- ON NATIONAL ORIGIN OR CITIZENSHIP STA- ant. istration: TUS.— (B) EFFECTIVE DATE.—The amendment (i) Records concerning the identity, ad- ‘‘(1) PROHIBITION ON DISCRIMINATION GEN- made by subparagraph (A) shall take effect dress, location, or financial institution ac- ERALLY.—It is an unfair immigration-related on the date that is 5 years after the date of counts of the holder of a social security ac- employment practice for a person, other en- the enactment of this Act. count number or social security card. tity, or employment agency, to discriminate

VerDate Sep 11 2014 05:05 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00175 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.034 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S1104 CONGRESSIONAL RECORD — SENATE February 14, 2018 against any individual (other than an unau- ‘‘(J) to grant access to document ‘‘(II) except as provided in subclauses (III) thorized alien defined in section 274A(b)) be- verification or System data, to any indi- and (IV), in the case of an employer, person, cause of such individual’s national origin or vidual or entity other than personnel au- or entity previously subject to a single order citizenship status, with respect to the fol- thorized to have such access, or to fail to under this paragraph, to pay a civil penalty lowing: take reasonable safeguards to protect of not less than $4,000 and not more than ‘‘(A) The hiring of the individual for em- against unauthorized loss, use, alteration, or $10,000 for each individual subjected to an ployment. destruction of System data. unfair immigration-related employment ‘‘(B) The verification of the individual’s ‘‘(5) PROHIBITION OF OR RETAL- practice; eligibility to work in the United States. IATION.—It is also an unfair immigration-re- ‘‘(III) except as provided in subclause (IV), ‘‘(C) The discharging of the individual from lated employment practice for a person, in the case of an employer, person, or entity employment. other entity, or employment agency to in- previously subject to more than 1 order ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not timidate, threaten, coerce, or retaliate under this paragraph, to pay a civil penalty apply to the following: against any individual— of not less than $8,000 and not more than ‘‘(A) A person, other entity, or employer ‘‘(A) for the purpose of interfering with $25,000 for each individual subjected to an that employs 3 or fewer employees, except any right or privilege secured under this sec- unfair immigration-related employment for an employment agency. tion; or practice; and ‘‘(B) A person’s or entity’s discrimination ‘‘(B) because the individual intends to file ‘‘(IV) in the case of an unfair immigration- because of an individual’s national origin if or has filed a charge or a complaint, testi- related employment practice described in the discrimination with respect to that em- fied, assisted, or participated in any manner paragraphs (4) through (7) of subsection (a), ployer, person, or entity and that individual in an investigation, proceeding, or hearing to pay a civil penalty of not less than $500 is covered under section 703 of the Civil under this section. and not more than $2,000 for each individual Rights Act of 1964 (42 U.S.C. 2000e–2), unless ‘‘(6) TREATMENT OF CERTAIN DOCUMENTARY subjected to an unfair immigration-related the discrimination is related to an individ- PRACTICES AS EMPLOYMENT PRACTICES.—A employment practice.’’. ual’s verification of employment authoriza- person’s, other entity’s, or employment (2) EFFECTIVE DATE.—The amendment tion. agency’s request, for purposes of verifying made by paragraph (1) shall take effect on ‘‘(C) Discrimination because of citizenship employment eligibility, for more or different the date that is 1 year after the date of the status which— documents than are required under section enactment of this Act and apply to viola- ‘‘(i) is otherwise required in order to com- 274A, or for specific documents, or refusing tions occurring on or after such date of en- ply with a provision of Federal, State, or to honor documents tendered that reason- actment. local law related to law enforcement; ably appear to be genuine shall be treated as SEC. 2006. RULEMAKING. ‘‘(ii) is required by Federal Government an unfair immigration-related employment (a) INTERIM FINAL REGULATIONS.— contract; or practice. (1) IN GENERAL.—Not later than 1 year after ‘‘(iii) the Secretary or Attorney General ‘‘(7) PROHIBITION OF WITHHOLDING EMPLOY- the date of the enactment of this Act— determines to be essential for an employer to MENT RECORDS.—It is an unfair immigration- (A) the Secretary, shall issue regulations do business with an agency or department of related employment practice for an em- implementing sections 2001, 2002, and 2005 the Federal Government or a State, local, or ployer that is required under Federal, State, and the amendments made by such sections tribal government. or local law to maintain records docu- (except for section 274A(d)(7) of the Immigra- ‘‘(3) ADDITIONAL EXCEPTION PROVIDING menting employment, including dates or tion and Nationality Act); and RIGHT TO PREFER EQUALLY QUALIFIED CITI- hours of work and wages received, to fail to (B) the Attorney General shall issue regu- ZENS.—Notwithstanding any other provision provide such records to any employee upon lations implementing section 274A(d)(7) of of this section, it is not an unfair immigra- request. the Immigration and Nationality Act, as tion-related employment practice for an em- ‘‘(8) PROFESSIONAL, COMMERCIAL, AND BUSI- ployer (as defined in section 274A(b)) to pre- added by section 2001 the amendments made NESS LICENSES.—An individual who is author- by such section. fer to hire, recruit, or refer for a fee an indi- ized to be employed in the United States vidual who is a citizen or national of the (2) EFFECTIVE DATE.—Regulations issued may not be denied a professional, commer- pursuant to paragraph (1) shall be effective United States over another individual who is cial, or business license on the basis of his or an alien if the 2 individuals are equally immediately on an interim basis, but are her immigration status. subject to change and revision after public qualified. ‘‘(9) EMPLOYMENT AGENCY DEFINED.—In this ‘‘(4) UNFAIR IMMIGRATION-RELATED EMPLOY- notice and opportunity for a period for pub- section, the term ‘employment agency’ lic comment. MENT PRACTICES RELATING TO THE SYSTEM.—It means any employer, person, or entity regu- is also an unfair immigration-related em- (b) FINAL REGULATIONS.—Within a reason- larly undertaking with or without compensa- able time after publication of the interim ployment practice for a person, other entity, tion to procure employees for an employer or regulations under subsection (a), the Sec- or employment agency— to procure for employees opportunities to retary, in consultation with the Commis- ‘‘(A) to discharge or constructively dis- work for an employer and includes an agent sioner of Social Security and the Attorney charge an individual solely due to a further of such employer, person, or entity.’’. General, shall publish final regulations im- action notice issued by the Employment (b) REFERRAL BY EEOC.—Section 274B(b)of plementing this title. Verification System created by section 274A the Immigration and Nationality Act (8 until the administrative appeal described in SEC. 2007. OFFICE OF THE SMALL BUSINESS AND U.S.C. 1324b(b)) is amended by adding at the EMPLOYEE ADVOCATE. section 274A(d)(6) is completed; end the following: (a) ESTABLISHMENT OF SMALL BUSINESS AND ‘‘(B) to use the System with regard to any ‘‘(3) REFERRAL BY EEOC.—The Equal Em- EMPLOYEE ADVOCATE.—The Secretary shall person for any purpose except as authorized ployment Opportunity Commission shall establish and maintain within U.S. Citizen- by section 274A(d); refer all matters alleging immigration-re- ship and Immigration Services the Office of ‘‘(C) to use the System to reverify the em- lated unfair employment practices filed with the Small Business and Employee Advocate ployment authorization of a current em- the Commission, including those alleging (in this section referred to as the ‘‘Office’’). ployee, including an employee continuing in violations of paragraphs (1), (4), (5), and (6) of The purpose of the Office shall be to assist employment, other than reverification upon subsection (a) to the Special Counsel for Im- small businesses and individuals in com- expiration of employment authorization, or migration-Related Unfair Employment Prac- plying with the requirements of section 274A as otherwise authorized under section tices of the Department of Justice.’’. of the Immigration and Nationality Act (8 274A(d) or by regulation; (c) AUTHORIZATION OF APPROPRIATIONS.— U.S.C. 1324a), as amended by this Act, includ- ‘‘(D) to use the System selectively for em- Section 274B(l)(3) of the Immigration and ing the resolution of conflicts arising in the ployees, except where authorized by law; Nationality Act (8 U.S.C. 1324b(l)(3)) is course of attempted compliance with such ‘‘(E) to fail to provide to an individual any amended by striking the period at the end requirements. notice required in section 274A(d) within the and inserting ‘‘and an additional $40,000,000 (b) FUNCTIONS.—The functions of the Office relevant time period; for each of fiscal years 2019 through 2021.’’. shall include, but not be limited to, the fol- ‘‘(F) to use the System to deny workers’ (d) FINES.— lowing: employment or post-employment benefits; (1) IN GENERAL.—Section 274B(g)(2)(B) of (1) Informing small businesses and individ- ‘‘(G) to misuse the System to discriminate the Immigration and Nationality Act (8 uals about the verification practices re- based on national origin or citizenship sta- U.S.C. 1324b(g)(2)(B)) is amended by striking quired by section 274A of the Immigration tus; clause (iv) and inserting the following: and Nationality Act, including, but not lim- ‘‘(H) to require an employee or prospective ‘‘(iv) to pay any applicable civil penalties ited to, the document verification require- employee to use any self-verification feature prescribed below, the amounts of which may ments and the employment verification sys- of the System or provide, as a condition of be adjusted periodically to account for infla- tem requirements under subsections (c) and application or employment, any self- tion as provided by law— (d) of that section. verification results; ‘‘(I) except as provided in subclauses (II) (2) Assisting small businesses and individ- ‘‘(I) to use an immigration status through (IV), to pay a civil penalty of not uals in addressing allegedly erroneous fur- verification system, service, or method other less than $2,000 and not more than $5,000 for ther action notices and nonconfirmations than those described in section 274A for pur- each individual subjected to an unfair immi- issued under subsection (d) of section 274A of poses of verifying employment eligibility; or gration-related employment practice; the Immigration and Nationality Act.

VerDate Sep 11 2014 05:05 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00176 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.034 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S1105 (3) Informing small businesses and individ- scribed in paragraph (4)(A) shall be sus- U.S.C. 5304), that has jurisdiction over the uals of the financial liabilities and criminal pended for— Indian country, as defined in section 1151 of penalties that apply to violations and fail- (A) the period beginning on the date of the title 18, United States Code, in which the of- ures to comply with the requirements of sec- small business or individual’s application fense occurs’’. tion 274A of the Immigration and Nation- under paragraph (1) and ending on the date ality Act, including, but not limited to, by of the Office’s decision with respect to such SA 1984. Ms. HIRONO submitted an issuing best practices for compliance with application; and amendment intended to be proposed by that section. (B) any period specified by the Office in an her to the bill H.R. 2579, to amend the (4) To the extent practicable, proposing assistance order issued under this subsection Internal Revenue Code of 1986 to allow changes to the Secretary in the administra- pursuant to such application. tive practices of the employment (7) INDEPENDENT ACTION OF OFFICE.—Noth- the premium tax credit with respect to verification system required under sub- ing in this subsection shall prevent the Of- unsubsidized COBRA continuation cov- section (d) of section 274A of the Immigra- fice from taking any action in the absence of erage; which was ordered to lie on the tion and Nationality Act to mitigate the an application under paragraph (1). table; as follows: problems identified under paragraph (2). (d) ACCESSIBILITY TO THE PUBLIC.— At the appropriate place, insert the fol- (5) Making recommendations through the (1) IN PERSON, ONLINE, AND TELEPHONE AS- lowing: Secretary to Congress for legislative action SISTANCE.—The Office shall provide informa- llll to mitigate such problems. tion and assistance specified in subsection SEC. . FEDERAL PELL GRANT ELIGIBILITY FOR DREAMER STUDENTS. (c) AUTHORITY TO ISSUE ASSISTANCE (b) in person at locations designated by the Secretary, online through an Internet Section 484 (20 U.S.C. 1091) is amended— ORDER.— (1) in subsection (a)(5), by inserting ‘‘, or be (1) IN GENERAL.—Upon application filed by website of the Department available to the public, and by telephone. a Dreamer student, as defined in subsection a small business or individual with the Office (u)’’ after ‘‘becoming a citizen or permanent (in such form, manner, and at such time as (2) AVAILABILITY TO ALL EMPLOYERS.—In making information and assistance avail- resident’’; and the Secretary shall by regulations prescribe), (2) by adding at the end the following: the Office may issue an assistance order if— able, the Office shall prioritize the needs of small businesses and individuals. However, ‘‘(u) DREAMER STUDENTS.— (A) the Office determines the small busi- ‘‘(1) IN GENERAL.—In this section, the term ness or individual is suffering or about to the information and assistance available through the Office shall be available to any ‘Dreamer student’ means an individual suffer a significant hardship as a result of who— the manner in which the employment employer. (e) AVOIDING DUPLICATION THROUGH COORDI- ‘‘(A) was younger than 16 years of age on verification laws under subsections (c) and NATION.—In the discharge of the functions of the date on which the individual initially en- (d) of section 274A of the Immigration and the Office, the Secretary shall consult with tered the United States; Nationality Act are being administered by the Secretary of Labor, the Secretary of Ag- ‘‘(B) has provided a list of each secondary the Secretary; or riculture, the Commissioner, the Attorney school that the student attended in the (B) the small business or individual meets General, the Equal Employment Opportunity United States; and such other requirements as are set forth in Commission, and the Administrator of the ‘‘(C)(i) has earned a high school diploma, regulations prescribed by the Secretary. Small Business Administration in order to the recognized equivalent of such diploma (2) DETERMINATION OF HARDSHIP.—For pur- avoid duplication of efforts across the Fed- from a secondary school, or a high school poses of paragraph (1), a significant hardship eral Government. equivalency diploma in the United States or shall include— (f) DEFINITIONS.—In this section: is scheduled to complete the requirements (A) an immediate threat of adverse action; (1) EMPLOYER.—The term ‘‘employer’’ has for such a diploma or equivalent before the (B) a delay of more than 60 days in resolv- the meaning given that term in section next academic year begins; ing employment verification system prob- 274A(b) of the Immigration and Nationality ‘‘(ii) has acquired a degree from an institu- lems; Act. tion of higher education or has completed (C) the incurring by the small business or (2) SMALL BUSINESS.—The term ‘‘small not less than 2 years in a program for a bac- individual of significant costs if relief is not business’’ means an employer with 49 or calaureate degree or higher degree at an in- granted; or fewer employees. stitution of higher education in the United (D) irreparable injury to, or a long-term (g) FUNDING.—Of amounts in the Border Se- States and has made satisfactory academic adverse impact on, the small business or in- curity Enforcement Fund under section 1301, progress, as defined in subsection (c), during dividual if relief is not granted. there shall be available such sums as may be such time period; (3) STANDARDS WHEN ADMINISTRATIVE GUID- necessary to carry out the functions of the ‘‘(iii) at any time was eligible for a grant ANCE NOT FOLLOWED.—In cases where a U.S. Office. of deferred action under— Citizenship and Immigration Services em- ‘‘(I) the June 15, 2012, memorandum from ployee is not following applicable published SA 1983. Mr. WYDEN submitted an the Secretary of Homeland Security entitled administrative guidance, the Office shall amendment intended to be proposed by ‘Exercising Prosecutorial Discretion with construe the factors taken into account in him to the bill H.R. 2579, to amend the Respect to Individuals Who Came to the determining whether to issue an assistance Internal Revenue Code of 1986 to allow United States as Children’; or order under this subsection in the manner ‘‘(II) the November 20, 2014, memorandum most favorable to the small business or indi- the premium tax credit with respect to unsubsidized COBRA continuation cov- from the Secretary of Homeland Security en- vidual. titled ‘Exercising Prosecutorial Discretion (4) TERMS OF ASSISTANCE ORDER.—The erage; which was ordered to lie on the with Respect to Individuals Who Came to the terms of an assistance order under this sub- table; as follows: United States as Children and with Respect section may require the Secretary within a At the appropriate place, insert the fol- to Certain Individuals Who Are the Parents specified time period— lowing: of U.S. Citizens or Permanent Residents’; or (A) to determine whether any employee is SEC. lll. PROHIBITION ON INADMISSIBILITY ‘‘(iv) has served in the uniformed services, or is not authorized to work in the United OR DEPORTATION OF ALIENS WHO as defined in section 101 of title 10, United States; or COMPLY WITH STATE LAW. States Code, for not less than 4 years and, if (B) to abate any penalty under section (a) PROHIBITION ON INADMISSIBILITY.—Sec- discharged, received an honorable discharge. 274A of the Immigration and Nationality Act tion 212(a)(2)(A)(i)(II) of the Immigration and ‘‘(2) HARDSHIP EXCEPTION.—The Secretary that the Office determines is arbitrary, ca- Nationality Act (8 U.S.C. 1182(a)(2)(A)(i)(II)) shall issue regulations that direct when the pricious, or disproportionate to the under- is amended by inserting ‘‘other than an act Department shall waive the requirement of lying offense. involving marijuana that is permitted under subparagraph (A) or (B), or both, of para- (5) AUTHORITY TO MODIFY OR RESCIND.—Any the laws of a State or the law of an Indian graph (1) for an individual to qualify as a assistance order issued by the Office under tribe, as defined in section 4 of the Indian Dreamer student under such paragraph, if this subsection may be modified or re- Self-Determination and Education Assist- the individual— scinded— ance Act (25 U.S.C. 5304), that has jurisdic- ‘‘(A) demonstrates compelling cir- (A) only by the Office, the Director or Dep- tion over the Indian country, as defined in cumstances for the inability to satisfy the uty Director of U.S. Citizenship and Immi- section 1151 of title 18, United States Code, requirement of such subparagraph (A) or (B), gration Services, or the Secretary or the in which the act occurs’’ after ‘‘802)),’’. or both; and Secretary’s designee; and (b) PROHIBITION ON DEPORTATION.—Section ‘‘(B) satisfies the requirement of paragraph (B) if rescinded by the Director or Deputy 237(a)(2)(B)(i) of the Immigration and Na- (1)(C).’’. Director of U.S. Citizenship and Immigration tionality Act (8 U.S.C. 1227(a)(2)(B)(i)) is Services, only if a written explanation of the amended by striking ‘‘marijuana,’’ and in- Ms. HIRONO submitted an reasons of such official for the modification serting ‘‘marijuana or an offense involving SA 1985. or rescission is provided to the Office. marijuana that is permitted under the laws amendment intended to be proposed by (6) SUSPENSION OF RUNNING OF PERIOD OF of a State or the law of an Indian tribe, as her to the bill H.R. 2579, to amend the LIMITATION.—The running of any period of defined in section 4 of the Indian Self-Deter- Internal Revenue Code of 1986 to allow limitation with respect to an action de- mination and Education Assistance Act (25 the premium tax credit with respect to

VerDate Sep 11 2014 05:05 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00177 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.034 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S1106 CONGRESSIONAL RECORD — SENATE February 14, 2018 unsubsidized COBRA continuation cov- dren’s initial placements to the Office of Ref- location during the preceding fiscal year; erage; which was ordered to lie on the ugee Resettlement, which shall be conducted and table; as follows: in accordance with the time frame set forth (B) the oral notice of rights is available in in subsections (a)(4) and (b)(3) of section 235 English and in the most common native lan- At the appropriate place, insert the fol- of such Act (8 U.S.C. 1232); and guage spoken by the unaccompanied children lowing: (F) ensure that each unaccompanied alien held in custody at that location during the SEC. llll. PROTECTING CHILD TRAFFICKING child in the custody of U.S. Customs and preceding fiscal year. VICTIMS. Border Protection— (i) CONFIDENTIALITY.—The Secretary of (a) SHORT TITLE.—This section may be (i) receives emergency medical care when Health and Human Services shall maintain cited as the ‘‘Child Trafficking Victims Pro- necessary; the privacy and confidentiality of all infor- tection Act’’. (ii) receives emergency medical and mental mation gathered in the course of providing (b) UNACCOMPANIED ALIEN CHILDREN DE- health care that complies with the standards care, custody, placement and follow-up serv- FINED.—In this section, the term ‘‘unaccom- adopted pursuant to section 8(c) of the Pris- panied alien children’’ has the meaning given ices to unaccompanied alien children, con- on Rape Elimination Act of 2003 (42 U.S.C. such term in section 462 of the Homeland Se- sistent with the best interest of the unac- 15607(c)) whenever necessary, including in curity Act of 2002 (6 U.S.C. 279). companied alien child, by not disclosing such cases in which a child is at risk to harm him- (c) MANDATORY TRAINING.—The Secretary, information to other government agencies or in consultation with the Secretary of Health self, herself, or others; nonparental third parties unless such disclo- and Human Services and independent child (iii) is provided with climate appropriate sure is— welfare experts, shall mandate live training clothing, shoes, basic personal hygiene and (1) recorded in writing and placed in the of all personnel who come into contact with sanitary products, a pillow, linens, and suffi- child’s file; unaccompanied alien children in all relevant cient blankets to rest at a comfortable tem- (2) in the child’s best interest; and legal authorities, policies, practices, and perature; (3)(A) authorized by the child or by an ap- procedures pertaining to this vulnerable pop- (iv) receives adequate nutrition; proved sponsor in accordance with section ulation. (v) enjoys a safe and sanitary living envi- 235 of the William Wilberforce Trafficking ronment; (d) CARE AND TRANSPORTATION.—Notwith- Victims Protection Reauthorization Act of standing any other provision of law, the Sec- (vi) has access to daily recreational pro- 2008 (8 U.S.C. 1232) and the Health Insurance retary shall ensure that all unaccompanied grams and activities if held for a period Portability and Accountability Act (Public children who will undergo any immigration longer than 12 hours; Law 104–191); or proceedings before the Department or the (vii) has access to legal services and con- (B) provided to a duly recognized law en- Executive Office for Immigration Review are sular officials; and forcement entity to prevent imminent and duly transported and placed in the care and (viii) is permitted to make supervised serious harm to another individual. legal and physical custody of the Office of phone calls to family members. (j) OTHER POLICIES AND PROCEDURES.—The Refugee Resettlement not later than 72 (3) FINAL DETERMINATIONS.—The Office of Secretary shall adopt fundamental child pro- hours after their apprehension absent nar- Refugee Resettlement, in consultation with tection policies and procedures— rowly defined exceptional circumstances, in- the Senior Advisor on Trafficking in Per- (1) for reliable age determinations of chil- cluding a natural disaster or comparable sons, in accordance with applicable policies dren, developed in consultation with medical emergency beyond the control of the Sec- and procedures for sponsors, shall submit and child welfare experts, which exclude the retary or the Office of Refugee Resettlement. final determinations on family relationships use of fallible forensic testing of children’s The Secretary shall ensure that female offi- to the Secretary, who shall consider such bone and teeth; cers are continuously present during the adult relatives for community-based support (2) to ensure the safe and secure repatri- transfer and transport of female detainees alternatives to detention. ation and reintegration of unaccompanied who are in the custody of the Department. (4) REPORT.—Not later than 18 months alien children to their home countries (e) QUALIFIED RESOURCES.—The Secretary after the date of the enactment of this Act, through specialized programs developed in shall provide adequately trained and quali- and annually thereafter, the Senior Advisor close consultation with the Secretary of fied staff resources at each major port of on Trafficking in Persons shall submit a re- State, the Office of the Refugee Resettle- entry (as defined by the U.S. Customs and port to Congress that— ment, and reputable independent child wel- Border Protection station assigned to that (A) describes the screening procedures used fare experts, including placement of children port having in its custody during the past 2 by the child welfare professionals to screen with their families or nongovernmental fiscal years an yearly average of 50 or more unaccompanied alien children; agencies to provide food, shelter, and voca- unaccompanied alien children), including the (B) assesses the effectiveness of such tional training and microfinance opportuni- accommodation of child welfare profes- screenings; and ties; sionals in accordance with subsection (f). (C) includes data on all unaccompanied (3) to utilize all legal authorities to defer (f) CHILD WELFARE PROFESSIONALS.— alien children who were screened by child the child’s removal if the child faces a risk of (1) IN GENERAL.—The Senior Advisor on welfare professionals; life-threatening harm upon return including Trafficking in Persons in the Office of the (g) IMMEDIATE NOTIFICATION.—The Sec- due to the child’s mental health or medical Assistant Secretary for the Administration retary shall immediately notify the Office of condition; and for Children and Families shall ensure that Refugee Resettlement of an unaccompanied (4) to ensure, in accordance with the Juve- qualified child welfare professionals with ex- alien child in the custody of the Department nile Justice and Delinquency Prevention Act pertise in culturally competent, trauma-cen- to effectively and efficiently coordinate the of 1974 (42 U.S.C. 5601 et seq.), that unaccom- tered, and developmentally appropriate child’s transfer to and placement with the panied alien children, while in detention, interviewing skills are available at each Office of Refugee Resettlement. are— major port of entry described in subsection (h) NOTICE OF RIGHTS AND RIGHT TO ACCESS (A) physically separated from any adult (e). TO COUNSEL.— who is not an immediate family member; and (2) DUTIES.—Child welfare professionals de- (1) IN GENERAL.—The Secretary shall en- (B) separated by sight and sound from— scribed in paragraph (1) shall— sure that all unaccompanied alien children, (i) immigration detainees and inmates (A) in consultation with the Secretary and upon apprehension, are provided— with criminal convictions; the Assistant Secretary for the Administra- (A) an interview and screening with a child (ii) pretrial inmates facing criminal pros- tion for Children and Families, develop welfare professional described in subsection ecution; and guidelines for treatment of unaccompanied (f)(1); and (iii) inmates exhibiting violent behavior. alien children in the custody of the Depart- (B) a video orientation and oral and writ- (k) TRANSFER OF FUNDS.— ment; ten notice of their rights under the Immigra- (1) AUTHORIZATION.—The Secretary, in ac- (B) conduct screening on behalf of the De- tion and Nationality Act, including— cordance with a written agreement between partment of all unaccompanied alien chil- (i) their right to relief from removal; the Secretary and the Secretary of Health dren in accordance with section 235(a)(4) of (ii) their right to confer with counsel (as and Human Services, shall transfer such the William Wilberforce Trafficking Victims guaranteed under section 292 of such Act (8 amounts as may be necessary to carry out Protection Reauthorization Act of 2008 (8 U.S.C. 1362)), family, or friends while in the the duties described in subsection (f)(2) from U.S.C. 1232(a)(4)); temporary custody of the Department; and amounts appropriated for U.S. Customs and (C) notify the Department and the Office of (iii) relevant complaint mechanisms to re- Border Protection to the Department of Refugee Resettlement of children that meet port any abuse or misconduct they may have Health and Human Services. the notification and transfer requirements experienced. (2) REPORT.—Not later than 15 days before set forth in subsections (a) and (b) of section (2) LANGUAGES.—The Secretary shall en- any proposed transfer under paragraph (1), 235 of such Act (8 U.S.C. 1232); and sure that— the Secretary of Health and Human Services, (D) interview adult relatives accom- (A) the video orientation and written no- in consultation with the Secretary, shall panying unaccompanied alien children; and tice of rights described in paragraph (1) is submit a detailed expenditure plan that de- (E) provide an initial family relationship available in English and in the 5 most com- scribes the actions proposed to be taken with and trafficking assessment and recommenda- mon native languages spoken by the unac- amounts transferred under such paragraph tions regarding unaccompanied alien chil- companied children held in custody at that to—

VerDate Sep 11 2014 05:05 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00178 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.033 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S1107 (A) the Committee on Appropriations of of classification as an immediate relative (as (3) by inserting ‘‘or permanent partner- the Senate; and defined in section 201(b)(2)(A)(iv) of the Im- ship’’ after ‘‘marital union’’. (B) the Committee on Appropriations of migration and Nationality Act,øas amended (d) WAIVERS OF INADMISSIBILITY.—Section the House of Representatives. by section 102(a) of this Act¿) due to the 212 of the Immigration and Nationality Act (l) RULE OF CONSTRUCTION.—Nothing in this death of such citizen or resident— (8 U.S.C. 1182) is amended— section may be construed to preempt or alter (A) such alien shall be eligible for parole (1) by redesignating the second subsection any other rights or remedies, including any into the United States pursuant to the Sec- (t) as subsection (u); and causes of action, available under any Federal retary of Homeland Security’s discretionary (2) by adding at the end the following: or State law. authority under section 212(d)(5) of such Act ‘‘(v) CONTINUED WAIVER ELIGIBILITY FOR (8 U.S.C. 1182(d)(5)); and WIDOWS, WIDOWERS, AND ORPHANS.—In the SA 1986. Ms. HIRONO submitted an (B) such alien’s application for adjustment case of an alien who would have been statu- amendment intended to be proposed by of status shall be considered notwith- torily eligible for any waiver of inadmis- her to the bill H.R. 2579, to amend the standing section 212(a)(9) of such Act (8 sibility under this Act but for the death of a Internal Revenue Code of 1986 to allow U.S.C. 1182(a)(9)). qualifying relative, the eligibility of such the premium tax credit with respect to (3) ELIGIBILITY FOR PAROLE.—If an alien de- alien shall be preserved as if the death had scribed in section 204(l) of the Immigration not occurred and the death of the qualifying unsubsidized COBRA continuation cov- and Nationality Act (8 U.S.C. 1154(l)), was ex- relative shall be the functional equivalent of erage; which was ordered to lie on the cluded, deported, removed, or departed vol- hardship for purposes of any waiver of inad- table; as follows: untarily before the date of the enactment of missibility which requires a showing of hard- At the appropriate place, insert the fol- this Act— ship.’’. lowing: (A) such alien shall be eligible for parole (e) SURVIVING RELATIVE CONSIDERATION FOR SEC. llll. KEEPING TRACK OF UNACCOM- into the United States pursuant to the Sec- CERTAIN PETITIONS AND APPLICATIONS.—Sec- PANIED ALIEN CHILDREN. retary of Homeland Security’s discretionary tion 204(l)(1) of the Immigration and Nation- (a) UNACCOMPANIED ALIEN CHILDREN DE- authority under section 212(d)(5) of such Act ality Act (8 U.S.C. 1154(l)(1)) is amended— FINED.—In this section, the term ‘‘unaccom- (8 U.S.C. 1182(d)(5)); and (1) by striking ‘‘who resided in the United panied alien children’’ has the meaning given (B) such alien’s application for adjustment States at the time of the death of the quali- such term in section 462 of the Homeland Se- of status shall be considered notwith- fying relative and who continues to reside in curity Act of 2002 (6 U.S.C. 279). standing section 212(a)(9) of such Act (8 the United States’’; and (b) ANNUAL REPORT.—Not less frequently U.S.C. 1182(a)(9)). (2) by striking ‘‘any related applications,’’ than once each year, the Secretary of Home- (b) PROCESSING OF IMMIGRANT VISAS AND and inserting ‘‘any related applications (in- land Security shall submit to Congress a re- DERIVATIVE PETITIONS.— cluding affidavits of support),’’. port that sets forth, for the previous year, (1) IN GENERAL.—Section 204(b) of the Im- (f) IMMEDIATE RELATIVES.—Section the following: migration and Nationality Act (8 U.S.C. 201(b)(2)(A)(i) of the Immigration and Na- (1) The total number of unaccompanied 1154(b)) is amended— tionality Act (8 U.S.C. 1151(b)(2)(A)(i)) is alien children who were screened by U. S. (A) by striking ‘‘After an investigation’’ amended by striking ‘‘within 2 years after Customs and Border Protection. and inserting the following: such date’’. (2) The total number of unaccompanied ‘‘(1) IN GENERAL.—After an investigation’’; (g) FAMILY-SPONSORED IMMIGRANTS.—Sec- alien Children who demonstrated trafficking and tion 212(a)(4)(C)(i) is amended— indicators. (B) by adding at the end the following: (1) in subclause (I), by striking ‘‘, or’’ and (3) The total number of unaccompanied ‘‘(2) DEATH OF QUALIFYING RELATIVE.— inserting a semicolon; alien children who, after demonstrating traf- ‘‘(A) IN GENERAL.—Any alien described in (2) in subclause (II), by striking ‘‘or’’ at the ficking indicators, were removed to their subparagraph (B) whose qualifying relative end; and home countries, and to which countries they died before the completion of immigrant visa (3) by adding at the end the following: were removed. processing may have an immigrant visa ap- ‘‘(IV) the status as a surviving relative (4) The total number of unaccompanied plication adjudicated as if such death had under section 204(l); or’’. alien children who were removed to their not occurred. An immigrant visa issued be- home countries, and to which countries they fore the death of the qualifying relative shall SA 1988. Ms. HIRONO submitted an were removed. remain valid after such death. amendment intended to be proposed by (5) The total number of unaccompanied ‘‘(B) ALIEN DESCRIBED.—An alien described her to the bill H.R. 2579, to amend the alien children who were referred to the Of- in this subparagraph is an alien who— Internal Revenue Code of 1986 to allow fice of Refugee Resettlement of the Depart- ‘‘(i) is an immediate relative (as described the premium tax credit with respect to ment of Health and Human Services. in section 201(b)(2)(A)); unsubsidized COBRA continuation cov- (6) The total number of unaccompanied ‘‘(ii) is a family-sponsored immigrant (as alien children who secured immigration re- described in subsection (a) or (d) of section erage; which was ordered to lie on the lief. 203); table; as follows: ‘‘(iii) is a derivative beneficiary of an em- At the appropriate place, insert the fol- SA 1987. Ms. HIRONO submitted an ployment-based immigrant under section lowing: amendment intended to be proposed by 203(b) (as described in section 203(d)); or SEC. llll. V NONIMMIGRANT VISAS. her to the bill H.R. 2579, to amend the ‘‘(iv) is the spouse, permanent partner, or (a) NONIMMIGRANT ELIGIBILITY.—Subpara- Internal Revenue Code of 1986 to allow child of a refugee (as described in section graph (V) of section 101(a)(15) of the Immi- the premium tax credit with respect to 207(c)(2)) or an asylee (as described in section gration and Nationality Act (8 U.S.C. 208(b)(3)).’’. unsubsidized COBRA continuation cov- 1101(a)(15)) is amended to read as follows: (2) TRANSITION PERIOD.— ‘‘(V)(i) subject to section 214(q)(1) and sec- erage; which was ordered to lie on the (A) IN GENERAL.—Notwithstanding a denial tion 212(a)(4), an alien who is the beneficiary table; as follows: or revocation of an application for an immi- of an approved petition under section 203(a) At the appropriate place, insert the fol- grant visa for an alien whose qualifying rel- as— lowing: ative died before the date of the enactment ‘‘(I) the unmarried son or unmarried SEC. lll. RELIEF FOR ORPHANS, WIDOWS, AND of this Act, such application may be renewed daughter of a citizen of the United States; WIDOWERS. by the alien through a motion to reopen, ‘‘(II) the unmarried son or unmarried (a) IN GENERAL.— without fee. daughter of an alien lawfully admitted for (1) SPECIAL RULE FOR ORPHANS, SPOUSES, (B) INAPPLICABILITY OF BARS TO ENTRY.— permanent residence; or AND PERMANENT PARTNERS.—In applying Notwithstanding section 212(a)(9) of the Im- ‘‘(III) the married son or married daughter clauses (iii) and (iv) of section 201(b)(2)(A) of migration and Nationality Act (8 U.S.C. of a citizen of the United States and who is the Immigration and Nationality Act, øas 1182(a)(9)), an alien’s application for an im- 31 years of age or younger; or added by section 102(a) of this Act¿, to an migrant visa shall be considered if the alien ‘‘(ii) subject to section 214(q)(2), an alien alien whose citizen or lawful permanent resi- was excluded, deported, removed, or departed who is— dent relative died before the date of the en- voluntarily before the date of the enactment ‘‘(I) the sibling of a citizen of the United actment of this Act, the alien relative may of this Act. States; or file the classification petition under section (c) NATURALIZATION.—Section 319(a) of the ‘‘(II) the married son or married daughter 204(a)(1)(A)(ii) of such Act, øas amended by Immigration and Nationality Act (8 U.S.C. of a citizen of the United States and who is section 102(c)(4)(A)(i)(II) of this Act¿, not 1430(a)) is amended— older than 31 years of age;’’. later than 2 years after the date of the enact- (1) by inserting ‘‘or permanent partner’’ (b) EMPLOYMENT AND PERIOD OF ADMISSION ment of this Act. after ‘‘spouse’’ each place such term appears; OF NONIMMIGRANTS DESCRIBED IN SECTION (2) ELIGIBILITY FOR PAROLE.—If an alien (2) by inserting ‘‘(or, if the spouse is de- 101(A)(15)(V).—Section 214(q) of such Act (8 was excluded, deported, removed, or departed ceased, the spouse was a citizen of the U.S.C. 1184(q)) is amended to read as follows: voluntarily before the date of the enactment United States)’’ after ‘‘citizen of the United ‘‘(q) NONIMMIGRANTS DESCRIBED IN SECTION of this Act based solely upon the alien’s lack States’’; and 101(A)(15)(V).—

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‘‘(1) CERTAIN SONS AND DAUGHTERS.— (b) FINDING; SENSE OF CONGRESS.— the Advancement of the American Legal ‘‘(A) EMPLOYMENT AUTHORIZATION.—The (1) FINDING.—Congress finds that the System. Secretary shall— United States tradition as a nation of laws (4) ANNUAL LEAVE.—Every immigration ‘‘(i) authorize a nonimmigrant admitted and a nation of immigrants is best served by judge shall be presumed to have 15 years of pursuant to section 101(a)(15)(V)(i) to engage effective, fair, and impartial immigration Federal civilian service for the purpose of in employment in the United States during judges, who have decisional independence the accrual of annual leave. the period of such nonimmigrant’s author- and are free from political influence. (5) CONTINUING LEGAL EDUCATION.— ized admission; and (2) SENSE OF CONGRESS.—It is the sense of (A) IN GENERAL.—In addition to the train- ‘‘(ii) provide such a nonimmigrant with an Congress that— ing required under section 603(c) of the Inter- ‘employment authorized’ endorsement or (A) immigration judges should be fair and national Religious Freedom Act of 1998 (22 other appropriate document signifying au- impartial and have decisional independence U.S.C. 6473(c)), the Attorney General shall thorization of employment. that is free from political pressure or influ- provide immigration judges with— ‘‘(B) TERMINATION OF ADMISSION.—The pe- ence; and (i) meaningful, ongoing training, including riod of authorized admission for such a non- (B) in order to promote even-handed, non- annual, in-person training, to maintain cur- immigrant shall terminate 30 days after the biased, decision making that is representa- rent knowledge of immigration cases, date on which— tive of the public at large, immigration changes in the law and effective docketing ‘‘(i) such nonimmigrant’s application for judges should be selected from a broad pool practices; and an immigrant visa pursuant to the approval of candidates with a variety of legal experi- (ii) time away from the bench to assimi- of a petition under subsection (a) or (c) of ence, such as law professors, private practi- late the knowledge gained through such section 203 is denied; or tioners, representatives of pro bono service training. ‘‘(ii) such nonimmigrant’s application for and other nongovernmental organizations, (B) SERVICE TO THE LEGAL PROFESSION.—Im- adjustment of status under section 245 pursu- military officers, and government employ- migration judges have an ethical duty to ant to the approval of such a petition is de- ees. participate in continuing legal education, in- nied. (c) PROFESSIONAL TREATMENT OF IMMIGRA- cluding teaching of law at institutions of ‘‘(2) SIBLINGS AND SONS AND DAUGHTERS OF TION JUDGES.— higher learning and other activities to edu- CITIZENS.— (1) DEFINED TERM.—Section 101(b)(4) of the cate the public and to improve the legal pro- ‘‘(A) EMPLOYMENT AUTHORIZATION.—The Immigration and Nationality Act (8 U.S.C. fession. The Attorney General may not pre- Secretary may not authorize a non- 1101(b)(4)) is amended to read as follows: vent or interfere with the participation of an immigrant admitted pursuant to section ‘‘(4)(A) The term ‘immigration judge’ immigration judge in any such bona fide ac- 101(a)(15)(V)(ii) to engage in employment in means an attorney who— tivities if— the United States. ‘‘(i) has been appointed by the Attorney (i) undertaken in conjunction with an es- ‘‘(B) PERIOD OF ADMISSION.—The period of General to serve as a United States immigra- tablished university, law school, bar associa- authorized admission as such a non- tion judge; tion, or legal organization; and immigrant may not exceed 60 days per fiscal ‘‘(ii) is qualified to conduct proceedings (ii) the immigration judge clearly indi- year. under this Act, including removal pro- cates that such participation is in his or her ‘‘(C) TREATMENT OF PERIOD OF ADMISSION.— ceedings under section 240. personal capacity and does not reflect any An alien admitted under section 101(a)(15)(V) ‘‘(B) An immigration judge shall be subject official positions or policies. may not receive an allocation of points pur- to such supervision and shall perform such (6) CONTEMPT AUTHORITY.— suant to section 203(c) for residence in the duties as the Attorney General shall pre- (A) RULEMAKING.— United States while admitted as such a non- scribe as long as such supervision does not (i) INTERIM REGULATIONS.—Not later than immigrant.’’. interfere with the immigration judge’s exer- 60 days after the date of the enactment of (c) PUBLIC BENEFITS.—A noncitizen who is cise of independent decision making author- this Act, the Attorney General shall promul- lawfully present in the United States pursu- ity over cases in which he or she presides. gate interim regulations governing the exer- ‘‘(C) An immigration judge shall be an at- ant to section 101(a)(15)(V) of the Immigra- cise of the authority given to immigration torney at the time of his or her appointment tion and Nationality Act (8 U.S.C. judges under section 240(b)(1) of the Immi- by the Attorney General and shall maintain 1101(a)(15)(V)) is not eligible for any means- gration and Nationality Act (8 U.S.C. good standing or appropriate judicial status tested public benefits (as such term is de- 1229a(b)(1)) to sanction contempt of an immi- (as defined solely by the licensing jurisdic- fined and implemented in section 403 of the gration judge’s exercise of authority under tion) with the bar of the highest court of any Personal Responsibility and Work Oppor- such Act. State. tunity Reconciliation Act of 1996 (8 U.S.C. (ii) FINAL REGULATIONS.—Not later than 180 1613)). A noncitizen admitted under this sec- ‘‘(D) The service of an immigration judge is deemed to be judicial in nature. Actions days after the date of the enactment of this tion— Act, the Attorney General shall promulgate (1) is not entitled to the premium assist- taken by an immigration judge while serving in a judicial capacity shall be reviewed under final regulations governing the authority de- ance tax credit authorized under section 36B scribed in clause (i). of the Internal Revenue Code of 1986 for his the applicable Code of Judicial Conduct. Im- migration judges shall not be subject to any (B) EFFECT OF FAILURE TO PROMULGATE or her coverage; REGULATIONS.—If the Attorney General fails (2) shall be subject to the rules applicable code of attorney behavior for conduct or ac- tions taken while performing duties as an to comply with subparagraph (A)(ii), immi- to individuals not lawfully present that are gration judges shall— set forth in subsection (e) of such section; immigration judge. ‘‘(E) An immigration judge may not be dis- (i) make appropriate findings of contempt; (3) shall be subject to the rules applicable and to individuals not lawfully present that are ciplined for any good faith legal decisions made in the course of hearing and deciding (ii) submit such findings to the United set forth in section 1402(e) of the Patient States District Court for the judicial district Protection and Affordable Care Act (42 cases. Criticism of an immigration judge, in a decision of any appellate court may not be in which the immigration judge is physically U.S.C. 18071(e)); and located. (4) shall be subject to the rules applicable considered or construed as a finding of mis- to individuals not lawfully present set forth conduct.’’. in section 5000A(d)(3) of the Internal Revenue (2) PERFORMANCE APPRAISALS.—Any system SA 1990. Ms. HIRONO submitted an Code of 1986. of completion goals or other efficiency amendment intended to be proposed by (d) EFFECTIVE DATE.—The amendments standards imposed on immigration judges (as her to the bill H.R. 2579, to amend the made by this section shall take effect on the defined in section 101(b)(4) of the Immigra- Internal Revenue Code of 1986 to allow first day of the first fiscal year beginning tion and Nationality Act)— the premium tax credit with respect to after the date of the enactment of this Act. (A) may be used solely as management tools for obtaining or allocating resources; unsubsidized COBRA continuation cov- SA 1989. Ms. HIRONO submitted an and erage; which was ordered to lie on the amendment intended to be proposed by (B) may not be used— table; as follows: her to the bill H.R. 2579, to amend the (i) to limit the independent authority of At the appropriate place, insert the fol- Internal Revenue Code of 1986 to allow immigration judges to fulfill their duties; or lowing: (ii) as a reflection of individual judicial the premium tax credit with respect to TITLE ll—FAIR DAY IN COURT FOR KIDS performance. unsubsidized COBRA continuation cov- (3) JUDICIAL COMPLAINT PROCESS.—Not later SEC. llll. SHORT TITLE. erage; which was ordered to lie on the than 180 days after the date of the enactment This title may be cited as the ‘‘Fair Day in table; as follows: of this Act, the Attorney General shall es- Court for Kids Act of 2018’’. At the appropriate place, insert the fol- tablish a transparent judicial complaint SEC. llll. IMPROVING IMMIGRATION COURT lowing: process that is consistent with the Guide- EFFICIENCY AND REDUCING COSTS SEC. ll. IMMIGRATION JUDGES. lines for the Evaluation of Judicial Perform- BY INCREASING ACCESS TO LEGAL (a) SHORT TITLE.—The section may be cited ance developed by the American Bar Asso- INFORMATION. as the ‘‘Immigration Court Improvement Act ciation and the judicial performance evalua- (a) APPOINTMENT OF COUNSEL IN REMOVAL of 2018’’. tion principles developed by the Institute for PROCEEDINGS; RIGHT TO REVIEW CERTAIN

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DOCUMENTS IN REMOVAL PROCEEDINGS.—Sec- ‘‘(c) PRO BONO REPRESENTATION.— SEC. llll. ACCESS BY COUNSEL AND LEGAL tion 240(b) of the Immigration and Nation- ‘‘(1) IN GENERAL.—To the maximum extent ORIENTATION AT DETENTION FA- ality Act (8 U.S.C. 1229a(b)) is amended— practicable, the Attorney General should CILITIES. (1) in paragraph (4)— make every effort to utilize the services of The Secretary of Homeland Security shall (A) in subparagraph (A)— competent counsel who agree to provide rep- provide access to counsel for all aliens de- (i) by striking ‘‘, at no expense to the Gov- resentation to such children under sub- tained in a facility under the supervision of ernment,’’; and section (b) without charge. U.S. Immigration and Customs Enforcement, (ii) by striking the comma at the end and ‘‘(2) DEVELOPMENT OF NECESSARY INFRA- U.S. Customs and Border Protection, or the inserting a semicolon; STRUCTURES AND SYSTEMS.—The Attorney Department of Health and Human Services, (B) by redesignating subparagraphs (B) and General shall develop the necessary mecha- or in any private facility that contracts with (C) as subparagraphs (D) and (E), respec- nisms to identify counsel available to pro- the Federal Government to house, detain, or tively; vide pro bono legal assistance and represen- hold aliens. (C) by inserting after subparagraph (A) the tation to children under subsection (b) and SEC. llll. REPORT ON ACCESS TO COUNSEL. following: to recruit such counsel. (a) REPORT.—Not later than December 31 of ‘‘(B) the Attorney General may appoint or ‘‘(d) CONTRACTS; GRANTS.—The Attorney each year, the Secretary of Homeland Secu- provide counsel, at Government expense, to General may enter into contracts with, or rity, in consultation with the Attorney Gen- aliens in immigration proceedings; award grants to, nonprofit agencies with rel- eral, shall prepare and submit a report to the ‘‘(C) the alien, or the alien’s counsel, not evant expertise in the delivery of immigra- Committee on the Judiciary of the Senate later than 7 days after receiving a notice to tion-related legal services to children to and the Committee on the Judiciary of the appear under section 239(a), shall receive a carry out the responsibilities under this sec- House of Representatives regarding the ex- complete copy of the alien’s immigration file tion, including providing legal orientation, tent to which aliens described in section (commonly known as an ‘A-file’) in the pos- screening cases for referral, recruiting, 292(b) of the Immigration and Nationality session of the Department of Homeland Se- training, and overseeing pro bono attorneys. Act, as added by this title, have been pro- curity (other than documents protected from Nonprofit agencies may enter into sub- vided access to counsel. disclosure under section 552(b) of title 5, contracts with, or award grants to, private (b) CONTENTS.—Each report submitted United States Code);’’; and voluntary agencies with relevant expertise under paragraph (a) shall include, for the im- (D) in subparagraph (D), as redesignated, in the delivery of immigration related legal mediately preceding 1-year period— by striking ‘‘, and’’ and inserting ‘‘; and’’; services to children in order to carry out this (1) the number and percentage of aliens de- and section. scribed in section 292(b) of the Immigration (2) by adding at the end the following: and Nationality Act, as added by this title, ‘‘(e) MODEL GUIDELINES ON LEGAL REP- ‘‘(8) FAILURE TO PROVIDE ALIEN REQUIRED who were represented by counsel, including RESENTATION OF CHILDREN.— DOCUMENTS.—A removal proceeding may not information specifying— ‘‘(1) DEVELOPMENT OF GUIDELINES.—The Ex- (A) the stage of the legal process at which proceed until the alien, or the alien’s coun- ecutive Office for Immigration Review, in each such alien was represented; sel, if the alien is represented— consultation with voluntary agencies and (B) whether the alien was in government ‘‘(A) has received the documents required national experts, shall develop model guide- custody; and under paragraph (4)(C); and lines for the legal representation of alien (C) the nationality and ages of such aliens; ‘‘(B) has been provided at least 10 days to children in immigration proceedings, which and review and assess such documents.’’. shall be based on the children’s asylum (b) CLARIFICATION REGARDING THE AUTHOR- (2) the number and percentage of aliens guidelines, the American Bar Association ITY OF THE ATTORNEY GENERAL TO APPOINT who received legal orientation presentations, Model Rules of Professional Conduct, and COUNSEL TO ALIENS IN IMMIGRATION PRO- including the nationality and ages of such other relevant domestic or international CEEDINGS.— aliens. sources. (1) IN GENERAL.—Section 292 of the Immi- SEC. llll. AUTHORIZATION OF APPROPRIA- ‘‘(2) PURPOSE OF GUIDELINES.—The guide- gration and Nationality Act (8 U.S.C. 1362) is TIONS. lines developed under paragraph (1) shall be amended to read as follows: There is authorized to be appropriated to designed to help protect each child from any ‘‘SEC. 292. RIGHT TO COUNSEL. the Executive Office of Immigration Review individual suspected of involvement in any ‘‘(a) IN GENERAL.—Except as provided in of the Department of Justice such sums as criminal, harmful, or exploitative activity subsections (b) and (c), in any removal pro- may be necessary to carry out this title. associated with the smuggling or trafficking ceeding and in any appeal proceeding before the Attorney General from any such removal of children, while ensuring the fairness of SA 1991. Ms. HIRONO submitted an proceeding, the subject of the proceeding the removal proceeding in which the child is amendment intended to be proposed by involved. shall have the privilege of being represented her to the bill H.R. 2579, to amend the ‘‘(f) DUTIES OF COUNSEL.—Counsel provided by such counsel as may be authorized to Internal Revenue Code of 1986 to allow practice in such proceeding as he or she may under this section shall— choose. This subsection shall not apply to ‘‘(1) represent the unaccompanied alien the premium tax credit with respect to screening proceedings described in section child in all proceedings and matters relating unsubsidized COBRA continuation cov- 235(b)(1)(A). to the immigration status of the child or erage; which was ordered to lie on the ‘‘(b) ACCESS TO COUNSEL FOR UNACCOM- other actions involving the Department of table; as follows: PANIED ALIEN CHILDREN.— Homeland Security; At the appropriate place, insert the fol- ‘‘(1) IN GENERAL.—In any removal pro- ‘‘(2) appear in person for all individual lowing: merits hearings before the Executive Office ceeding and in any appeal proceeding before SEC. lll. SENSE OF CONGRESS THAT FAMILY the Attorney General from any such removal for Immigration Review and interviews in- UNITY SHOULD CONTINUE TO BE A proceeding, an unaccompanied alien child (as volving the Department of Homeland Secu- GUIDING PRINCIPLE OF UNITED defined in section 462(g) of the Homeland Se- rity; STATES IMMIGRATION SYSTEM. curity Act on 2002 (6 U.S.C. 279(g))) shall be ‘‘(3) owe the same duties of undivided loy- (a) FINDINGS.—Congress makes the fol- represented by Government-appointed coun- alty, confidentiality, and competent rep- lowing findings: sel, at Government expense. resentation to the child as is due to an adult (1) The family is the bedrock of society in ‘‘(2) LENGTH OF REPRESENTATION.—Once a client; and the United States. child is designated as an unaccompanied ‘‘(4) carry out other such duties as may be (2) From time immemorial, families have alien child under paragraph (1), the child proscribed by the Attorney General or the served as a source of emotional support and shall be represented by counsel at every Executive Office for Immigration Review. economic security. stage of the proceedings from the child’s ini- ‘‘(g) SAVINGS PROVISION.—Nothing in this (3) Courageous people living in difficult tial appearance through the termination of section may be construed to supersede— circumstances often immigrate to the immigration proceedings, and any ancillary ‘‘(1) any duties, responsibilities, discipli- United States in order to make a better life matters appropriate to such proceedings nary, or ethical responsibilities an attorney for themselves and their families. even if the child attains 18 years of age or is may have to his or her client under State (4) Once such immigrants succeed and es- reunified with a parent or legal guardian law; tablish themselves as part of their commu- while the proceedings are pending. ‘‘(2) the admission requirements under nities in the United States, they want to ‘‘(3) NOTICE.—Not later than 72 hours after State law; or help the families they left behind, and want an unaccompanied alien child is taken into ‘‘(3) any other State law pertaining to the their families to join them and provide suc- Federal custody, the alien shall be notified admission to the practice of law in a par- cor and support. that he or she will be provided with legal ticular jurisdiction.’’. (5) Families have proven to be a key factor counsel in accordance with this subsection. (2) RULEMAKING.—The Attorney General in the successful integration of immigrant ‘‘(4) WITHIN DETENTION FACILITIES.—The shall promulgate regulations to implement families into life in the United States. Secretary of Homeland Security shall ensure section 292 of the Immigration and Nation- (6) The Immigration and Nationality Act that unaccompanied alien children have ac- ality Act, as added by paragraph (1), in ac- of 1965 recognized that families should not be cess to counsel inside all detention, holding, cordance with the requirements set forth in kept apart based on the places close relatives and border facilities. section 3006A of title 18, United States Code. were born.

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(b) SENSE OF CONGRESS.—It is the sense of weapons or contraband without a warrant, Homeland Security for purposes of this para- Congress that— including activating or attempting to acti- graph may access the digital contents of (1) family unity should continue to be a vate an object that appears to be electronic electronic equipment belonging to or in pos- guiding principle of the legal immigration equipment to verify that the object is elec- session of a United States person at the bor- system of the United States; and tronic equipment; or der without a warrant described in sub- (2) elimination or reduction of the number (2) limit the authority of a Governmental section (a)(1) if the investigative or law en- of family-based visas or family-based Green entity under the Foreign Intelligence Sur- forcement officer— Cards would have a negative effect on the veillance Act of 1978 (50 U.S.C. 1801 et seq.). (i) reasonably determines that— United States as a whole. SEC. l04. DEFINITIONS. (I) an emergency situation exists that in- As used in this title— volves— SA 1992. Ms. HIRONO submitted an (1) the term ‘‘access credential’’ includes a (aa) immediate danger of death or serious amendment intended to be proposed by username, password, PIN number, finger- physical injury to any person; her to the bill H.R. 2579, to amend the print, or biometric indicator; (bb) conspiratorial activities threatening Internal Revenue Code of 1986 to allow (2) the term ‘‘border’’ means the inter- the national security interest of the United the premium tax credit with respect to national border of the United States and the States; or (cc) conspiratorial activities characteristic unsubsidized COBRA continuation cov- functional equivalent of such border; (3) the term ‘‘digital contents’’ means any of organized crime; erage; which was ordered to lie on the signs, signals, writing, images, sounds, data, (II) the emergency situation described in table; as follows: or intelligence of any nature transmitted in subclause (I) requires access to the digital At the appropriate place, insert the fol- whole or in part by electronic equipment, or contents of the electronic equipment before lowing: stored in electronic equipment or an online a warrant described in subsection (a)(1) au- SEC. lll. PROHIBITION OF PHYSICAL BAR- account; thorizing such access can, with due dili- RIERS ON CERTAIN FEDERAL LAND (4) the term ‘‘electronic communication gence, be obtained; and TO PROTECT WILDLIFE. service’’ has the meaning given that term in (III) there are grounds upon which a war- Notwithstanding any other provision of section 2510 of title 18, United States Code; rant described in subsection (a)(1) could be law, no wall or other physical barrier may be (5) the term ‘‘electronic equipment’’ has issued authorizing such access; and constructed on the international border be- the meaning given the term ‘‘computer’’ in (ii) makes an application in accordance tween the United States and Mexico in or section 1030(e) of title 18, United States Code; with this section for a warrant described in on— (6) the term ‘‘Governmental entity’’ means subsection (a)(1) as soon as practicable, but (1) a unit of the National Park System; a department or agency of the United States not later than 7 days after the investigative (2) a national monument; (including any officer, employee, or con- or law enforcement officer accesses the dig- (3) a unit of the National Wildlife Refuge tractor or other agent thereof); ital contents under the authority under this System; or (7) the term ‘‘online account’’ means an subparagraph. (4) National Forest System land. online account with an electronic commu- (B) WARRANT NOT OBTAINED.—If an applica- nication service or remote computing serv- tion for a warrant described in subparagraph SA 1993. Mr. WYDEN (for himself and ice; (A)(ii) is denied, or in any other case in Mr. PAUL) submitted an amendment in- (8) the term ‘‘online account information’’ which an investigative or law enforcement tended to be proposed by him to the means the screen name or other identifier or officer accesses the digital contents of elec- bill H.R. 2579, to amend the Internal information that would allow a Govern- tronic equipment belonging to or in posses- mental entity to identify the online presence sion of a United States person at the border Revenue Code of 1986 to allow the pre- without a warrant under the emergency au- mium tax credit with respect to unsub- of an individual; (9) the term ‘‘remote computing service’’ thority under subparagraph (A) and a war- sidized COBRA continuation coverage; has the meaning given that term in section rant authorizing the access is not obtained— which was ordered to lie on the table; 2711 of title 18, United States Code; and (i) any copy of the digital contents in the as follows: (10) the term ‘‘United States person’’ custody or control of a Governmental entity At the appropriate place, insert the fol- means an individual who is a United States shall immediately be destroyed; lowing: person, as defined in section 101 of the For- (ii) the digital contents, and any informa- tion derived from the digital contents, may TITLE ll—PROTECTING DATA AT THE eign Intelligence Surveillance Act of 1978 (50 not be disclosed to any Governmental entity BORDER U.S.C. 1801). SEC. l05. PROCEDURES FOR LAWFUL ACCESS TO or a State or local government; and SEC. l01. SHORT TITLE. DIGITAL DATA AT THE BORDER. (iii) the Governmental entity employing This title may be cited as the ‘‘Protecting (a) STANDARD.—Subject to subsection (b), a the investigative or law enforcement officer Data at the Border Act’’. Governmental entity may not— that accessed the digital contents shall no- SEC. l02. FINDINGS. (1) access the digital contents of any elec- tify the United States person that any copy Congress finds the following: tronic equipment belonging to or in the pos- of the digital contents has been destroyed. (1) United States persons have a reasonable session of a United States person at the bor- (2) PROTECTION OF PUBLIC SAFETY AND expectation of privacy in the digital con- der without a valid warrant supported by HEALTH.—A Governmental entity may access tents of their electronic equipment, the dig- probable cause issued using the procedures the digital contents of electronic equipment ital contents of their online accounts, and described in the Federal Rules of Criminal belonging to or in possession of a United the nature of their online presence. Procedure by a court of competent jurisdic- States person at the border without a war- (2) The Supreme Court of the United States tion; rant described in subsection (a)(1) if the ac- recognized in Riley v. California, 134 S. Ct. (2) deny entry into or exit from the United cess is— 2473 (2014) the extraordinary privacy inter- States by a United States person based on a (A) necessary for the provision of fire, med- ests in electronic equipment like cell phones. refusal by the United States person to— ical, public safety, or other emergency serv- (3) The privacy interest of United States (A) disclose an access credential that ices; and persons in the digital contents of their elec- would enable access to the digital contents (B) unrelated to the investigation of a pos- tronic equipment, the digital contents of of electronic equipment or the digital con- sible crime or other violation of the law. their online accounts, and the nature of tents of an online account; (c) INFORMED CONSENT IN WRITING.— their online presence differs in both degree (B) provide access to the digital contents (1) NOTICE.— and kind from their privacy interest in of electronic equipment or the digital con- (A) IN GENERAL.—A Governmental entity closed containers. tents of an online account; or shall provide the notice described in sub- (4) Accessing the digital contents of elec- (C) provide online account information; or paragraph (B) before requesting that a tronic equipment, accessing the digital con- (3) delay entry into or exit from the United United States person at the border— tents of an online account, or obtaining in- States by a United States person for longer (i) provide consent to access the digital formation regarding the nature of the online than the period of time, which may not ex- contents of any electronic equipment belong- presence of a United States person entering ceed 4 hours, necessary to determine whether ing to or in the possession of or the digital or exiting the United States, without a law- the United States person will, in a manner in contents of an online account of the United ful warrant based on probable cause, is un- accordance with subsection (c), consensually States person; reasonable under the Fourth Amendment to provide an access credential, access, or on- (ii) disclose an access credential that the Constitution of the United States. line account information, as described in would enable access to the digital contents SEC. l03. SCOPE. subparagraphs (A), (B), and (C) of paragraph of electronic equipment or the digital con- Nothing in this title shall be construed (2). tents of an online account of the United to— (b) EMERGENCY EXCEPTIONS.— States person; (1) prohibit a Governmental entity from (1) EMERGENCY SITUATIONS GENERALLY.— (iii) provide access to the digital contents conducting an inspection of the external (A) IN GENERAL.—An investigative or law of electronic equipment or the digital con- physical components of the electronic equip- enforcement officer of a Governmental enti- tents of an online account of the United ment to determine the presence or absence of ty who is designated by the Secretary of States person; or

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AUDIT AND REPORTING REQUIRE- (I) compel access to the digital contents of entity obtains access to the digital contents MENTS. electronic equipment belonging to or in the of electronic equipment, digital contents of In March of each year, the Secretary of possession of, the digital contents of an on- an online account, or online account infor- Homeland Security shall submit to Congress line account of, or the online account infor- mation in a manner that is not in accord- and make publicly available on the Web site mation of a United States person without a ance with this section, the Governmental en- of the Department of Homeland Security a valid warrant; tity— report that includes the following: (II) deny entry into or exit from the United (A) shall immediately destroy any copy of (1) The number of times during the pre- States by the United States person based on the digital contents or online account infor- vious year that an officer or employee of the a refusal by the United States person to— mation, and any information directly or in- Department of Homeland Security did each (aa) disclose an access credential that directly derived from the digital contents or of the following: would enable access to the digital contents online account information, in the custody (A) Accessed the digital contents of any of electronic equipment or the digital con- or control of the Governmental entity; electronic equipment belonging to or in the tents of an online account; (B) may not disclose the digital contents possession of or the digital contents of an (bb) provide access to the digital contents or online account information, or any infor- online account of a United States person at of electronic equipment or the digital con- mation directly or indirectly derived from the border pursuant to a warrant supported tents of an online account; or the digital contents or online account infor- by probable cause issued using the proce- (cc) provide online account information; or mation, to any other Governmental entity or dures described in the Federal Rules of (III) delay entry into or exit from the a State or local government; and Criminal Procedure by a court of competent United States by the United States person (C) shall notify the United States person for longer than the period of time, which jurisdiction. that any copy of the digital contents or on- (B) Accessed the digital contents of any may not exceed 4 hours, necessary to deter- line account information, and any informa- mine whether the United States person will electronic equipment belonging to or in the tion directly or indirectly derived from the possession of a United States person at the consensually provide an access credential, digital contents or online account informa- access, or online account information, as de- border pursuant to the emergency authority tion, has been destroyed. under section l05(b). scribed in items (aa), (bb), and (cc) of sub- (e) RECORDKEEPING.—A Governmental enti- clause (II); and (C) Requested consent to access the digital ty shall keep a record of each instance in contents of any electronic equipment belong- (ii) if the Governmental entity has prob- which the Governmental entity obtains ac- able cause that the electronic equipment ing to or in the possession of, the digital con- cess to the digital contents of electronic tents of an online account of, or online ac- contains information that is relevant to an equipment belonging to or in the possession count information of a United States person allegation that the United States person has of an individual at the border, the digital at the border. committed a felony, may seize electronic contents of an online account of an indi- (D) Accessed the digital contents of any equipment belonging to or in the possession vidual who is at the border, or online ac- electronic equipment belonging to or in the of the United States person for a period of count information of an individual who is at possession of, the digital contents of an on- time if the United States person refuses to the border, which shall include— line account of, or online account informa- consensually provide access to the digital (1) the reason for the access; tion of a United States person at the border contents of the electronic equipment. (2) the nationality, immigration status, pursuant to written consent provided in ac- (2) CONSENT.— and admission category of the individual; cordance with section l05(c). (A) IN GENERAL.—A Governmental entity (3) the nature and extent of the access; (E) Requested a United States person at shall obtain written consent described in (4) if the access was consensual, how and to the border consensually disclose an access subparagraph (B) before— what the individual consented, and what the credential that would enable access to the (i) accessing, pursuant to the consent of a individual provided by consent; digital contents of electronic equipment or United States person at the border the dig- (5) whether electronic equipment of the in- the digital contents of an online account of ital contents of electronic equipment belong- dividual was seized; the United States person. ing to or in the possession of or the digital (6) whether the Governmental entity made (F) Accessed the digital contents of elec- contents of an online account of the United a copy of all or a portion of the digital con- tronic equipment or the digital contents of States person; tents or online account information, or any an online account of a United States person (ii) obtaining, pursuant to the consent of a information directly or indirectly derived at the border using an access credential pur- United States person at the border, an access from the digital contents or online account suant to written consent provided in accord- credential of the United States person that information; and ance with section l05(c). would enable access to the digital contents (7) whether the digital contents or online (G) Accessed the digital contents of any of electronic equipment or the digital con- account information, or any information di- electronic equipment belonging to or in the tents of an online account; or rectly or indirectly derived from the digital possession of, the digital contents of an on- (iii) obtaining, pursuant to the consent of contents or online account information, was line account of, or online account informa- a United States person at the border, online shared with another Governmental entity or tion of a United States person at the border account information for an online account of a State or local government. the United States person. in a manner that was not in accordance with l SEC. 06. LIMITS ON USE OF DIGITAL CONTENTS section l05. (B) CONTENTS OF WRITTEN CONSENT.—Writ- AS EVIDENCE. (H) Accessed the digital contents of any ten consent described in this subparagraph is (a) IN GENERAL.—Whenever any digital written consent that— contents or online account information have electronic equipment belonging to or in the (i) indicates the United States person un- been obtained in violation of this title, no possession of, the digital contents of an on- derstands the protections and limitations de- part of the digital contents or online account line account of, or online account informa- scribed in paragraph (1)(B); information and no evidence derived there- tion of an individual who is not a United (ii) states the United States person is— from may be received in evidence in any States person at the border. (I) providing consent to the Governmental trial, hearing, or other proceeding (including (I) Accessed the digital contents of any entity to access certain digital contents or any proceeding relating to the immigration electronic equipment belonging to or in the consensually disclosing an access credential; laws, as defined in section 101(a) of the Immi- possession of an individual at the border, the or gration and Nationality Act (8 U.S.C. digital contents of an online account of an (II) consensually providing online account 1101(a))) in or before any court, grand jury, individual at the border, or online account information; and department, officer, agency, regulatory information of an individual at the border (iii) specifies the digital contents, access body, legislative committee, or other au- (regardless of whether the individual is a credential, or online account information thority of the United States, a State, or a United States person) at the request of a with respect to which the United States per- political subdivision thereof. Governmental entity (including another son is providing consent. (b) APPLICATION.—To the maximum extent component of the Department of Homeland (d) RETENTION OF DIGITAL CONTENTS.— practicable, the limitations under subsection Security) that is not the Governmental enti- (1) LAWFUL ACCESS.—A Governmental enti- (a) shall be applied in the same manner as ty employing the individual accessing the ty that obtains access to the digital contents the limitations under section 2515 of title 18, digital contents or online account informa- of electronic equipment, the digital contents United States Code. tion. of an online account, or online account infor- SEC. l07. LIMITS ON SEIZURE OF ELECTRONIC (2) Aggregate data on— mation in accordance with this section may EQUIPMENT. (A) the number of United States persons not make or retain a copy of the digital con- A Governmental entity may not seize any for which a Governmental entity obtains ac- tents or online account information, or any electronic equipment belonging to or in the cess to—

VerDate Sep 11 2014 05:05 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00183 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.031 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S1112 CONGRESSIONAL RECORD — SENATE February 14, 2018 (i) the digital contents of electronic equip- by her to the bill H.R. 2579, to amend ‘‘(i) determines that— ment belonging to or in the possession of the the Internal Revenue Code of 1986 to ‘‘(I) there is a critical hiring need; and United States person at the border; allow the premium tax credit with re- ‘‘(II) there exists a severe shortage of (ii) the digital contents of an online ac- spect to unsubsidized COBRA continu- qualified candidates because of the direct re- count of the United States person while at lationship identified by the Secretary under the border; or ation coverage; which was ordered to subsection (b)(1)(B) of this section between— (iii) online account information of the lie on the table; as follows: ‘‘(aa) the rural or remote nature of the United States person while at the border; At the appropriate place, insert the fol- area; and (B) the country from which United States lowing: ‘‘(bb) difficulty in the recruitment and re- persons departed most recently before arriv- SEC. lll. U.S. CUSTOMS AND BORDER PROTEC- tention of CBP employees in the area; and ing in the United States for the United TION HIRING AND RETENTION. ‘‘(ii) has given public notice for the posi- States persons for which a Governmental en- (a) SHORT TITLE.—This section may be tions. tity obtains access to— cited as the ‘‘U.S. Customs and Border Pro- ‘‘(B) PRIORITIZATION OF HIRING VETERANS.— (i) the digital contents of electronic equip- tection Hiring and Retention Act of 2018’’ or If the Secretary uses the direct hiring au- ment belonging to or in the possession of the the ‘‘CBP HiRe Act’’. thority under subparagraph (A), the Sec- United States person at the border; (b) FLEXIBILITY IN EMPLOYMENT AUTHORI- retary shall apply the principles of pref- (ii) the digital contents of an online ac- TIES.— erence for the hiring of veterans established count of the United States person while at (1) IN GENERAL.—Chapter 97 of title 5, under subchapter I of chapter 33. the border; or United States Code, is amended by adding at ‘‘(2) RECRUITMENT AND RELOCATION BO- (iii) online account information of the the end the following: NUSES.—The Secretary may pay a bonus to United States person while at the border; ‘‘§ 9702. U.S. Customs and Border Protection an individual (other than an individual de- (C) the number and nationality of individ- employment authorities scribed in subsection (a)(2) of section 5753) uals who are not United States persons for if— ‘‘(a) DEFINITIONS.—In this section— ‘‘(A) the Secretary determines that— which a Governmental entity obtains access ‘‘(1) the term ‘CBP employee’ means an to— ‘‘(i) conditions consistent with the condi- employee of U.S. Customs and Border Pro- tions described in paragraphs (1) and (2) of (i) the digital contents of electronic equip- tection; ment belonging to or in the possession of the subsection (b) of such section 5753 are satis- ‘‘(2) the term ‘Commissioner’ means the fied with respect to the individual (without individuals at the border; Commissioner of U.S. Customs and Border (ii) the digital contents of an online ac- regard to any other provision of that sec- Protection; tion); and count of the individuals while at the border; ‘‘(3) the term ‘Director’ means the Director or ‘‘(ii) the position to which the individual is of the Office of Personnel Management; appointed or to which the individual moves (iii) online account information of the in- ‘‘(4) the term ‘rural or remote area’ means dividuals while at the border; and or must relocate— an area within the United States that is not ‘‘(I) is a position as a CBP employee; and (D) the country from which individuals within an area defined and designated as an who are not United States persons departed ‘‘(II) is in a rural or remote area for which urbanized area by the Bureau of the Census the Secretary has identified a direct rela- most recently before arriving in the United in the most recently completed decennial tionship under subsection (b)(1)(B) of this States for the individuals for which a Gov- census; and section between— ernmental entity obtains access to— ‘‘(5) the term ‘Secretary’ means the Sec- ‘‘(aa) the rural or remote nature of the (i) the digital contents of electronic equip- retary of Homeland Security. area; and ment belonging to or in the possession of the ‘‘(b) DEMONSTRATION OF RECRUITMENT AND ‘‘(bb) difficulty in the recruitment and re- individuals at the border; RETENTION DIFFICULTIES IN RURAL OR RE- tention of CBP employees in the area; and (ii) the digital contents of an online ac- MOTE AREAS.— ‘‘(B) the individual enters into a written count of the individuals while at the border; ‘‘(1) IN GENERAL.—For purposes of sub- service agreement with the Secretary— or sections (c) and (d), the Secretary shall de- ‘‘(i) under which the individual is required (iii) online account information of the in- termine, for a rural or remote area, whether to complete a period of employment as a dividuals while at the border. there is— CBP employee of not less than 2 years; and (3) Aggregate data regarding the perceived ‘‘(A) a critical hiring need in the area; and ‘‘(ii) that includes— race and ethnicity of individuals for whom a ‘‘(B) a direct relationship between— ‘‘(I) the commencement and termination Governmental entity obtains access to— ‘‘(i) the rural or remote nature of the area; dates of the required service period (or provi- (A) the digital contents of electronic and sions for the determination thereof); equipment belonging to or in the possession ‘‘(ii) difficulty in the recruitment and re- ‘‘(II) the amount of the bonus; and of the individuals at the border; tention of CBP employees in the area. ‘‘(III) other terms and conditions under (B) the digital contents of an online ac- ‘‘(2) FACTORS.—To inform the determina- which the bonus is payable, subject to the re- count of the individuals while at the border; tion of a direct relationship under paragraph quirements of this subsection, including— or (1)(B), the Secretary may consider evi- ‘‘(aa) the conditions under which the (C) online account information of the indi- dence— agreement may be terminated before the viduals while at the border. ‘‘(A) that the Secretary— agreed-upon service period has been com- ‘‘(i) is unable to efficiently and effectively pleted; and SA 1994. Mr. WYDEN submitted an recruit individuals for positions as CBP em- ‘‘(bb) the effect of a termination described amendment intended to be proposed by ployees, which may be demonstrated with in item (aa). him to the bill H.R. 2579, to amend the various types of evidence, including— ‘‘(3) RETENTION BONUSES.—The Secretary Internal Revenue Code of 1986 to allow ‘‘(I) evidence that multiple positions have may pay a retention bonus to a CBP em- the premium tax credit with respect to been continuously vacant for significantly ployee (other than an individual described in unsubsidized COBRA continuation cov- longer than the national average period for subsection (a)(2) of section 5754) if— erage; which was ordered to lie on the which similar positions in U.S. Customs and ‘‘(A) the Secretary determines that— Border Protection are vacant; or ‘‘(i) a condition consistent with the condi- table; as follows: ‘‘(II) recruitment studies that demonstrate tion described in subsection (b)(1) of such At the appropriate place, insert the fol- the inability of the Secretary to efficiently section 5754 is satisfied with respect to the lowing: and effectively recruit CBP employees for CBP employee (without regard to any other SEC. lllll. PROHIBITION ON THE USE OF positions in the area; or provision of that section); CELL SITE SIMULATORS. ‘‘(ii) experiences a consistent inability to ‘‘(ii) the CBP employee is employed in a Notwithstanding section 287 of the Immi- retain CBP employees that negatively im- rural or remote area for which the Secretary gration and Nationality Act (8 U.S.C. 1357) or pacts agency operations at a local or re- has identified a direct relationship under any other provision of law, an officer or em- gional level; or subsection (b)(1)(B) of this section between— ployee of U.S. Immigration and Customs En- ‘‘(B) of any other inability, directly related ‘‘(I) the rural or remote nature of the area; forcement may not use a cell site simu- to recruitment or retention difficulties, that and lator— the Secretary determines sufficient. ‘‘(II) difficulty in the recruitment and re- (1) to locate an individual whose only sus- ‘‘(c) DIRECT HIRE AUTHORITY; RECRUITMENT tention of CBP employees in the area; and pected criminal offense is an offense under AND RELOCATION BONUSES; RETENTION BO- ‘‘(iii) in the absence of a retention bonus, section 275 or 276 of the Immigration and Na- NUSES.— the CBP employee would be likely to leave— tionality Act (8 U.S.C. 1325, 1326); or ‘‘(1) DIRECT HIRE AUTHORITY.— ‘‘(I) the Federal service; or (2) to locate an individual in order to re- ‘‘(A) IN GENERAL.—The Secretary may ap- ‘‘(II) for a different position in the Federal move or deport the individual from the point, without regard to any provision of service, including a position in another agen- United States. sections 3309 through 3319, candidates to po- cy or component of the Department of Home- sitions in the competitive service as CBP land Security; and SA 1995. Ms. HEITKAMP submitted employees, in a rural or remote area, if the ‘‘(B) the individual enters into a written an amendment intended to be proposed Secretary— service agreement with the Secretary—

VerDate Sep 11 2014 05:05 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00184 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.031 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S1113

‘‘(i) under which the individual is required ‘‘(f) IMPROVING CBP HIRING AND RETEN- tion Hiring and Retention Act of 2018, the In- to complete a period of employment as a TION.— spector General of the Department of Home- CBP employee of not less than 2 years; and ‘‘(1) EDUCATION OF CBP HIRING OFFICIALS.— land Security shall review the use of hiring ‘‘(ii) that includes— Not later than 180 days after the date of en- flexibilities by the Secretary under sub- ‘‘(I) the commencement and termination actment of the U.S. Customs and Border Pro- sections (c) and (d) to determine whether the dates of the required service period (or provi- tection Hiring and Retention Act of 2018, and use of those flexibilities is helping the Sec- sions for the determination thereof); in conjunction with the Chief Human Capital retary meet hiring and retention needs in ‘‘(II) the amount of the bonus; and Officer of the Department of Homeland Secu- rural and remote areas. ‘‘(III) other terms and conditions under rity, the Secretary shall develop and imple- ‘‘(h) REPORT ON POLYGRAPH REQUESTS.— which the bonus is payable, subject to the re- ment a strategy to improve education re- The Secretary shall report to Congress on quirements of this subsection, including— garding hiring and human resources flexibili- the number of requests the Secretary re- ‘‘(aa) the conditions under which the ties (including hiring and human resources ceives from any other Federal agency for the agreement may be terminated before the flexibilities for locations in rural or remote file of an applicant for a position in U.S. Cus- agreed-upon service period has been com- areas) for all employees, serving in agency toms and Border Patrol that includes the re- pleted; and headquarters or field offices, who are in- sults of a polygraph examination. ‘‘(bb) the effect of a termination described volved in the recruitment, hiring, assess- ‘‘(i) EXERCISE OF AUTHORITY.— in item (aa). ment, or selection of candidates for locations ‘‘(1) SOLE DISCRETION.—The exercise of au- ‘‘(4) RULES FOR BONUSES.— in a rural or remote area, as well as the re- thority under subsection (c) shall be subject ‘‘(A) MAXIMUM BONUS.—A bonus paid to an tention of current employees. to the sole and exclusive discretion of the employee under— ‘‘(2) ELEMENTS.—Elements of the strategy Secretary (or the Commissioner, as applica- ‘‘(i) paragraph (2) may not exceed 100 per- under paragraph (1) shall include the fol- ble under paragraph (2) of this subsection), cent of the annual rate of basic pay of the lowing: notwithstanding chapter 71. employee as of the commencement date of ‘‘(A) Developing or updating training and ‘‘(2) DELEGATION.— the applicable service period; and educational materials on hiring and human ‘‘(A) IN GENERAL.—Subject to subparagraph ‘‘(ii) paragraph (3) may not exceed 50 per- resources flexibilities for employees who are (B), the Secretary may delegate any author- cent of the annual rate of basic pay of the involved in the recruitment, hiring, assess- ity under this section to the Commissioner. employee as of the commencement date of ment, or selection of candidates, as well as ‘‘(B) OVERSIGHT.—The Commissioner may the applicable service period. the retention of current employees. not make a determination under subsection ‘‘(B) RELATION TO BASIC PAY.—A bonus paid ‘‘(B) Regular training sessions for per- (b)(1) unless the Secretary approves the de- to an employee under paragraph (2) or (3) sonnel who are critical to filling open posi- termination. shall not be considered part of the basic pay tions in rural or remote areas. ‘‘(j) RULE OF CONSTRUCTION.—Nothing in of the employee for any purpose. ‘‘(C) The development of pilot programs or this section shall be construed to exempt the ‘‘(5) OPM OVERSIGHT.—The Director shall, other programs, as appropriate, to address Secretary or the Director from the applica- to the extent practicable— identified hiring challenges in rural or re- bility of the merit system principles under ‘‘(A) set aside a determination of the Sec- mote areas. section 2301. retary under this subsection if the Director ‘‘(D) Developing and enhancing strategic ‘‘(k) SUNSET.—The authorities under sub- finds substantial evidence that the Secretary recruiting efforts through relationships with sections (c) and (d) shall terminate on the abused the discretion of the Secretary in institutions of higher education, as defined date that is 5 years after the date of enact- making the determination; and in section 102 of the Higher Education Act of ment of the U.S. Customs and Border Protec- ‘‘(B) oversee the compliance of the Sec- 1965 (20 U.S.C. 1002), veterans transition and tion Hiring and Retention Act of 2018.’’. retary with this subsection. employment centers, and job placement pro- (2) TECHNICAL AND CONFORMING AMEND- ‘‘(d) SPECIAL PAY AUTHORITY.—In addition gram in regions that could assist in filling MENT.—The table of sections for chapter 97 of to the circumstances described in subsection positions in rural or remote areas. title 5, United States Code, is amended by (b) of section 5305, the Director may estab- ‘‘(E) Examination of existing agency pro- adding at the end the following: grams on how to most effectively aid spouses lish special rates of pay in accordance with ‘‘9702. U.S. Customs and Border Protection that section if the Director finds that the re- and families of individuals who are can- employment authorities.’’. cruitment or retention efforts of the Sec- didates or new hires in a rural or remote area. retary with respect to positions for CBP em- SA 1996. Ms. HEITKAMP submitted ployees in 1 or more areas or locations are, ‘‘(F) Feedback from individuals who are or are likely to become, significantly handi- candidates or new hires at locations in a an amendment intended to be proposed capped because the positions are located in a rural or remote area, including feedback on by her to the bill H.R. 2579, to amend rural or remote area for which the Secretary the quality of life in rural or remote areas the Internal Revenue Code of 1986 to has identified a direct relationship under for new hires and their families. allow the premium tax credit with re- subsection (b)(1)(B) of this section between— ‘‘(G) Feedback from CBP employees, other spect to unsubsidized COBRA continu- ‘‘(1) the rural or remote nature of the area; than new hires, who are stationed at loca- ation coverage; which was ordered to and tions in a rural or remote area, including lie on the table; as follows: ‘‘(2) difficulty in the recruitment and re- feedback on the quality of life in rural or re- tention of CBP employees in the area. mote areas for those CBP employees and At the appropriate place, insert the fol- ‘‘(e) REGULAR CBP REVIEW.— their families. lowing: ‘‘(1) ENSURING FLEXIBILITIES MEET CBP ‘‘(H) Evaluation of Department of Home- SEC. ll. OPERATION STONEGARDEN. NEEDS.—Each year, the Secretary shall re- land Security internship programs and the (a) IN GENERAL.—Subtitle A of title XX of view the use of hiring flexibilities under sub- usefulness of those programs in improving the Homeland Security Act of 2002 (6 U.S.C. sections (c) and (d) to fill positions at a loca- hiring by the Secretary in rural or remote 601 et seq.) is amended by adding at the end tion in a rural or remote area to determine— areas. the following: ‘‘(A) the impact of the use of those flexi- ‘‘(3) EVALUATION.— ‘‘SEC. 2009. OPERATION STONEGARDEN. bilities on solving hiring and retention chal- ‘‘(A) IN GENERAL.—Each year, the Sec- ‘‘(a) ESTABLISHMENT.—There is established lenges at the location; retary shall — in the Department a program, which shall be ‘‘(B) whether hiring and retention chal- ‘‘(i) evaluate the extent to which the strat- known as ‘Operation Stonegarden’, under lenges still exist at the location; and egy developed and implemented under para- which the Secretary, acting through the Ad- ‘‘(C) whether the Secretary needs to con- graph (1) has improved the hiring and reten- ministrator, shall award grants to eligible tinue to use those flexibilities at the loca- tion ability of the Secretary; and law enforcement agencies, through the State tion. ‘‘(ii) make any appropriate updates to the administrative agency, to enhance border se- ‘‘(2) CONSIDERATION.—In conducting the re- strategy under paragraph (1). curity in accordance with this section. view under paragraph (1), the Secretary shall ‘‘(B) INFORMATION.—The evaluation con- ‘‘(b) ELIGIBLE RECIPIENTS.—To be eligible consider— ducted under subparagraph (A) shall in- to receive a grant under this section, a law ‘‘(A) whether any CBP employee accepted clude— enforcement agency shall be located in— an employment incentive under subsection ‘‘(i) any reduction in the time taken by the ‘‘(1) a State bordering Canada or Mexico; (c) or (d) and then transferred to a new loca- Secretary to fill mission-critical positions in ‘‘(2) a State or territory with a maritime tion or left U.S. Customs and Border Protec- rural or remote areas; border; or tion; and ‘‘(ii) a general assessment of the impact of ‘‘(3) Indian country (as defined in section ‘‘(B) the length of time that each employee the strategy implemented under paragraph 1151 of title 18, United States Code) that is identified under subparagraph (A) stayed at (1) on hiring challenges in rural or remote located all or in part of a State bordering the original location before transferring to a areas; and Canada or Mexico. new location or leaving U.S. Customs and ‘‘(iii) other information the Secretary de- ‘‘(c) PERMITTED USES.—The recipient of a Border Protection. termines relevant. grant under this section may use such grant ‘‘(3) DISTRIBUTION.—The Secretary shall ‘‘(g) INSPECTOR GENERAL REVIEW.—Not for— submit to Congress a report on each review later than 2 years after the date of enact- ‘‘(1) equipment, including maintenance and required under paragraph (1). ment of the U.S. Customs and Border Protec- sustainment costs;

VerDate Sep 11 2014 05:05 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00185 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.035 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S1114 CONGRESSIONAL RECORD — SENATE February 14, 2018 ‘‘(2) personnel, including overtime and 3(a), the new Northern Border strategy shall resources, technological assets or funding for backfill, in support of enhanced border law be submitted to the appropriate congres- operations on the Northern Border below enforcement activities; sional committees not later than 180 days such levels in effect on the day before the ‘‘(3) any activity permitted for Operation after the completion of the threat analysis. date of the enactment of this Act. Stonegarden under the Department of Home- ‘‘(b) STRATEGY REQUIREMENTS.—In devel- (c) EMERGENCY AUTHORITY.—The Secretary land Security’s most recent Homeland Secu- oping a new strategy under this section, the may temporarily transfer personnel, re- rity Grant Program Notice of Funding Op- Secretary shall consider— sources, technological assets, or funding for portunity; and ‘‘(1) the technology needs of the Depart- operations on the Northern Border if the ‘‘(4) any other appropriate activity, as de- ment of Homeland Security; Secretary notifies and provides justification termined by the Administrator, in consulta- ‘‘(2) the personnel needs of the Department to the appropriate congressional committees tion with the Commissioner of U.S. Customs of Homeland Security; that such a transfer is required to meet a and Border Protection. ‘‘(3) the role of State, tribal, and local law critical emergency. ‘‘(d) PERIOD OF PERFORMANCE.—The Sec- enforcement in general border security ac- (d) DURATION OF AUTHORITY.—Any author- retary shall award grants under this section tivities; ity exercised under subsection (c) shall last to grant recipients for a period of not less ‘‘(4) the best methods for improving part- for 90 days but may be extended for addi- than 36 months. nerships between Federal, State, tribal, and tional 90-day periods provided that the Sec- ‘‘(e) REPORT.—For each of the fiscal years local law enforcement to improve border se- retary continues to notify the appropriate 2018 through 2022, the Administrator shall curity; congressional committees for each addi- submit a report to the Committee on Home- ‘‘(5) the need for cooperation among Fed- tional 90-day extension and provide justifica- land Security and Governmental Affairs of eral, State, tribal, local, and Canadian law tion that the critical emergency continues the Senate and the Committee on Homeland enforcement entities relating to border secu- to exist. Security of the House of Representatives rity, and how to improve such cooperation; containing information on the expenditure of ‘‘(6) the infrastructure needs of the Depart- SA 1999. Ms. KLOBUCHAR submitted grants made under this section by each grant ment of Homeland Security, including the an amendment intended to be proposed recipient. physical approaches to Department facili- by her to the bill H.R. 2579, to amend ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— ties; and the Internal Revenue Code of 1986 to There is authorized to be appropriated ‘‘(7) the terrain, population density, and allow the premium tax credit with re- $110,000,000, for each of the fiscal years 2019 climate along the Northern Border. spect to unsubsidized COBRA continu- through 2023, for grants under this section. ‘‘SEC. 5. NORTHERN BORDER STRATEGY IMPLE- ation coverage; which was ordered to There is hereby appropriated $110,000,000 for MENTATION PLAN. lie on the table; as follows: fiscal year 2019 for grants under this sec- ‘‘(a) IN GENERAL.—If the Secretary devel- At the appropriate place, insert the fol- tion.’’. ops a new Northern Border strategy under lowing: (b) CONFORMING AMENDMENT.—Section section 4, the Secretary shall submit a im- 2002(a) of the Homeland Security Act of 2002 plementation plan for the strategy to the ap- SEC. llll. STATUS FOR CERTAIN BATTERED SPOUSES AND CHILDREN. (6 U.S.C. 603(a)) is amended to read as fol- propriate congressional committees not (a) NONIMMIGRANT STATUS FOR CERTAIN lows: later than 180 days after the strategy is sub- BATTERED SPOUSES AND CHILDREN.— ‘‘(a) GRANTS AUTHORIZED.—The Secretary, mitted to the appropriate congressional through the Administrator, may award (1) IN GENERAL.—Section 101(a)(51) of the committees. Immigration and Nationality Act (8 U.S.C. grants under sections 2003, 2004, and 2009 to ‘‘(b) IMPLEMENTATION PLAN REQUIRE- 1101(a)(51)), as amended by section State, local, and tribal governments, as ap- MENTS.—In developing a new implementation 2305(d)(6)(B)(i)(III), is further amended— propriate.’’. plan under this section, the Secretary shall (A) in subparagraph (E), by striking ‘‘or’’ (c) CLERICAL AMENDMENT.—The table of include— at the end the following; contents in section 1(b) of the Homeland Se- ‘‘(1) the specific technology, personnel, and (B) in subparagraph (F), by striking the pe- curity Act of 2002 (Public Law 107–296) is infrastructure needs of the Department of riod at the end and inserting a semicolon and amended by inserting after the item relating Homeland Security to successfully imple- ‘‘or’’; and to section 2008 the following: ment the strategy; and (C) by adding at the end the following: ‘‘Sec. 2009. Operation Stonegarden.’’. ‘‘(2) any changes in Department policy re- ‘‘(G) section 106 as an abused derivative quired to successfully implement the strat- SA 1997. Ms. HEITKAMP submitted alien.’’. egy.’’. (b) RELIEF FOR ABUSED DERIVATIVE an amendment intended to be proposed ALIENS.— by her to the bill H.R. 2579, to amend SA 1998. Ms. HEITKAMP submitted (1) IN GENERAL.—Section 106 of such Act (8 the Internal Revenue Code of 1986 to an amendment intended to be proposed U.S.C. 1105a) is amended to read as follows: allow the premium tax credit with re- by her to the bill H.R. 2579, to amend ‘‘SEC. 106. RELIEF FOR ABUSED DERIVATIVE spect to unsubsidized COBRA continu- the Internal Revenue Code of 1986 to ALIENS. ation coverage; which was ordered to allow the premium tax credit with re- ‘‘(a) ABUSED DERIVATIVE ALIEN DEFINED.— lie on the table; as follows: spect to unsubsidized COBRA continu- In this section, the term ‘abused derivative ation coverage; which was ordered to alien’ means an alien who— At the appropriate place, insert the fol- ‘‘(1) is the spouse or child admitted under lowing: lie on the table; as follows: section 101(a)(15); SEC. ll. NORTHERN BORDER THREAT ANALYSIS At the appropriate place, insert the fol- ‘‘(2) is accompanying or following to join a AND STRATEGY. lowing: principal alien admitted under such a sec- The Northern Border Security Review Act SEC. llll. LIMITATION ON RESOURCE TRANS- tion; and (Public Law 114–267) is amended— FERS FROM THE NORTHERN BOR- ‘‘(3) has been subjected to battery or ex- (1) in section 3(a)— DER. treme cruelty by such principal alien. (A) in the matter preceding paragraph (1), (a) DEFINITIONS.—In this section: ‘‘(b) RELIEF FOR ABUSED DERIVATIVE by inserting ‘‘and not later than 3 years (1) APPROPRIATE CONGRESSIONAL COMMIT- ALIENS.—The Secretary— thereafter,’’ after ‘‘this Act,’’; TEES.—The term ‘‘appropriate congressional ‘‘(1) shall grant or extend the status of ad- (B) in paragraph (3), by striking ‘‘and’’ at committees’’ means— mission of an abused derivative alien under the end; (A) the Committee on Homeland Security the such section 101(a)(15) under which the (C) in paragraph (4), by striking the period and Governmental Affairs of the Senate; principal alien was admitted for the longer at the end and inserting a semicolon; and (B) the Committee on Appropriations of of— (D) by adding at the end the following: the Senate; ‘‘(A) the same period of time for which the ‘‘(5) any additional factors that the Sec- (C) the Committee on the Judiciary of the principal was initially admitted; or retary determines to be relevant to the de- Senate; ‘‘(B) a period of 3 years; velopment of the Northern Border threat (D) the Committee on Homeland Security ‘‘(2) may renew a grant or extension of sta- analysis; and of the House of Representatives; tus made under paragraph (1); ‘‘(6) a determination of whether a new (E) the Committee on Appropriations of ‘‘(3) shall grant employment authorization Northern Border strategy is needed to meet the House of Representatives; and to an abused derivative alien; and the threats identified by the Northern Bor- (F) the Committee on the Judiciary of the ‘‘(4) may adjust the status of the abused der threat analysis.’’; and House of Representatives. derivative alien to that of an alien lawfully (2) by adding at the end the following: (2) NORTHERN BORDER.—The term ‘‘North- admitted for permanent residence if— ‘‘SEC. 4. NORTHERN BORDER STRATEGY. ern Border’’ means the land and maritime ‘‘(A) the alien is admissible under section ‘‘(a) IN GENERAL.—If the Secretary of borders between the United States and Can- 212(a) or the Secretary of Homeland Security Homeland Security determines under section ada. finds the alien’s continued presence in the 3(a)(6) that a new Northern Border strategy (b) LIMITATION.—The Secretary of Home- United States is justified on humanitarian is needed to meet the threats identified by land Security may not reduce the levels of grounds, to ensure family unity, or is other- the threat analysis required under section Department of Homeland Security personnel, wise in the public interest; and

VerDate Sep 11 2014 05:05 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00186 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.037 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S1115 ‘‘(B) the status under which the principal cility or health care organization, which em- amended by amending subparagraph (A) to alien was admitted to the United States ployment has been determined by the Sec- read as follows: would have potentially allowed for eventual retary of Homeland Security to be in the ‘‘(A) Upon the request of an interested Fed- adjustment of status. public interest; and eral agency or an interested State agency for ‘‘(c) EFFECT OF TERMINATION OF RELATION- ‘‘(ii) the alien— recommendation of a waiver under this sec- SHIP.—Termination of the relationship with ‘‘(I) has accepted employment with the tion by a physician who is maintaining valid principal alien shall not affect the status of health facility or health care organization in nonimmigrant status under section an abused derivative alien under this section a geographic area or areas which are des- 101(a)(15)(J) and a favorable recommendation if battery or extreme cruelty by the prin- ignated by the Secretary of Health and by the Secretary of State, the Secretary of cipal alien was 1 central reason for termi- Human Services as having a shortage of Homeland Security may change the status of nation of the relationship. health care professionals; such physician to that of an alien described ‘‘(d) PROCEDURES.—Requests for relief ‘‘(II) begins employment by the later of the in section 101(a)(15)(H)(i)(B). The numerical under this section shall be handled under the date that is— limitations contained in subsection (g)(1)(A) procedures that apply to aliens seeking relief ‘‘(aa) 90 days after receiving such waiver; shall not apply to any alien whose status is under section 204(a)(1)(C).’’. ‘‘(bb) 90 days after completing graduate changed under this subparagraph.’’. (2) TABLE OF CONTENTS AMENDMENT.—The medical education or training under a pro- (c) VIOLATION OF AGREEMENTS.—Section table of contents in the first section is gram approved pursuant to section 212(j)(1); 214(l)(3)(A) of such Act (8 U.S.C. 1184(l)(3)(A)) amended by striking the item relating to or is amended by inserting ‘‘substantial re- section 106 and inserting the following: ‘‘(cc) 90 days after receiving nonimmigrant quirement of an’’ before ‘‘agreement entered ‘‘Sec. 106. Relief for abused derivative status or employment authorization, if the into’’. aliens.’’. alien or the alien’s employer petitions for (d) PHYSICIAN EMPLOYMENT IN UNDER- such nonimmigrant status or employment SERVED AREAS.—Section 214(l) of such Act (8 SA 2000. Ms. KLOBUCHAR submitted authorization not later than 90 days after U.S.C. 1184(l)) is amended by adding at the an amendment intended to be proposed the date on which the alien completes his or end the following: by her to the bill H.R. 2579, to amend her graduate medical education or training ‘‘(4)(A) If an interested State agency denies under a program approved pursuant to sec- the application for a waiver under paragraph the Internal Revenue Code of 1986 to tion 212(j)(1); and (1)(B) from a physician pursuing graduate allow the premium tax credit with re- ‘‘(III) agrees to continue to work for a medical education or training pursuant to spect to unsubsidized COBRA continu- total of not less than 3 years in the status section 101(a)(15)(J) because the State has re- ation coverage; which was ordered to authorized for such employment under this quested the maximum number of waivers lie on the table; as follows: subsection unless— permitted for that fiscal year, the physi- At the appropriate place, insert the fol- ‘‘(aa) the Secretary of Homeland Security cian’s nonimmigrant status shall be ex- lowing: determines that extenuating circumstances, tended for up to 6 months if the physician including violations by the employer of the SEC. lll. ADDITION OF TO LIST agrees to seek a waiver under this subsection OF PREDICATE CRIMES FOR U employment agreement with the alien or of (except for paragraph (1)(D)(ii)) to work for VISAS. labor and employment laws, exist that jus- an employer described in paragraph (1)(C) in Section 101(a)(15)(U)(iii) of the Immigra- tify a lesser period of employment at such a State that has not yet requested the max- tion and Nationality Act (8 U.S.C. facility or organization, in which case the imum number of waivers. 1101(a)(15)(U)(iii)) is amended by inserting alien shall demonstrate, not later than 90 ‘‘(B) Such physician shall be authorized to ‘‘elder abuse;’’ after ‘‘stalking;’’. days after the employment termination date work only for the employer referred to in (unless the Secretary determines that ex- subparagraph (A) from the date on which a SA 2001. Ms. KLOBUCHAR (for her- tenuating circumstances would justify an ex- new waiver application is filed with such self and Ms. HEITKAMP) submitted an tension), another bona fide offer of employ- State until the earlier of— amendment intended to be proposed by ment at a health facility or health care orga- ‘‘(i) the date on which the Secretary of nization in a geographic area or areas which her to the bill H.R. 2579, to amend the Homeland Security denies such waiver; or are designated by the Secretary of Health ‘‘(ii) the date on which the Secretary ap- Internal Revenue Code of 1986 to allow and Human Services as having a shortage of proves an application for change of status the premium tax credit with respect to health care professionals, for the remainder under paragraph (2)(A) pursuant to the ap- unsubsidized COBRA continuation cov- of such 3-year period; proval of such waiver.’’. erage; which was ordered to lie on the ‘‘(bb) the interested State agency that re- (e) CONTRACT REQUIREMENTS.—Section table; as follows: quested the waiver attests that extenuating 214(l) of such Act, as amended by subsection At the appropriate place, insert the fol- circumstances including violations by the (d), is further amended by adding at the end lowing: employer of the employment agreement with the following: the alien or of labor and employment laws, ‘‘(5) An alien granted a waiver under para- DIVISION l—CONRAD STATE 30 AND exist that justify a lesser period of employ- graph (1)(C) shall enter into an employment PHYSICIAN ACCESS REAUTHORIZATION ment at such facility or organization in agreement with the contracting health facil- SEC. 1. SHORT TITLE. which case the alien shall demonstrate, not ity or health care organization that— This division may be cited as the ‘‘Conrad later than 90 days after the employment ter- ‘‘(A) specifies the maximum number of on- State 30 and Physician Access Reauthoriza- mination date (unless the Secretary deter- call hours per week (which may be a month- tion Act’’. mines that extenuating circumstances would ly average) that the alien will be expected to SEC. 2. CONRAD STATE 30 PROGRAM. justify an extension), another bona fide offer be available and the compensation the alien (a) EXTENSION.—Section 220(c) of the Immi- of employment at a health facility or health will receive for on-call time; gration and Nationality Technical Correc- care organization in a geographic area or ‘‘(B) specifies— tions Act of 1994 (Public Law 103–416; 8 U.S.C. areas which are designated by the Secretary ‘‘(i) whether the contracting facility or or- 1182 note) is amended by striking ‘‘Sep- of Health and Human Services as having a ganization will pay the alien’s malpractice tember 30, 2015’’ and inserting ‘‘September shortage of health care professionals, for the insurance premiums; 30, 2021’’. remainder of such 3-year period; or ‘‘(ii) whether the employer will provide (b) EFFECTIVE DATE.—The amendment ‘‘(cc) if the alien elects not to pursue a de- malpractice insurance; and made by subsection (a) shall take effect as if termination of extenuating circumstances ‘‘(iii) the amount of such insurance that enacted on April 28, 2017. pursuant to item (aa) or (bb), the alien ter- will be provided; SEC. 3. EMPLOYMENT PROTECTIONS FOR PHYSI- minates the alien’s employment relationship ‘‘(C) describes all of the work locations CIANS. with such facility or organization, in which that the alien will work and includes a state- (a) IN GENERAL.—Section 214(l)(1) of the case the alien shall demonstrate, not later ment that the contracting facility or organi- Immigration and Nationality Act (8 U.S.C. than 45 days after the employment termi- zation will not add additional work locations 1184(l)(1) is amended— nation date, another bona fide offer of em- without the approval of the Federal agency (1) in the matter preceding subparagraph ployment at a health facility or health care or State agency that requested the waiver; (A), by striking ‘‘Attorney General’’ and in- organization in a geographic area or areas, and serting ‘‘Secretary of Homeland Security’’; in the State that requested the alien’s waiv- ‘‘(D) does not include a non-compete provi- (2) in subparagraph (A), by striking ‘‘Direc- er, which are designated by the Secretary of sion. tor of United States Information Agency’’ Health and Human Services as having a ‘‘(6) An alien granted a waiver under this and inserting ‘‘Secretary of State’’; shortage of health care professionals, and subsection whose employment relationship (3) in subparagraph (B), by inserting ‘‘, ex- agree to be employed for the remainder of with a health facility or health care organi- cept as provided in paragraphs (7) and (8)’’ such 3-year period, and 1 additional year for zation terminates under paragraph (1)(C)(ii) before the semicolon at the end; and each termination under this subclause; and’’. during the 3-year service period required (4) in subparagraph (C), by striking clauses (b) ALLOWABLE VISA STATUS FOR PHYSI- under paragraph (1) shall be considered to be (i) and (ii) and inserting the following: CIANS FULFILLING WAIVER REQUIREMENTS IN maintaining lawful status in an authorized ‘‘(i) the alien demonstrates a bona fide MEDICALLY UNDERSERVED AREAS.—Section period of stay during the 90-day period re- offer of full-time employment at a health fa- 214(l)(2) of such Act (8 U.S.C. 1184(l)(2)) is ferred to in items (aa) and (bb) of subclause

VerDate Sep 11 2014 06:02 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00187 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.037 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S1116 CONGRESSIONAL RECORD — SENATE February 14, 2018 (III) of paragraph (1)(C)(ii) or the 45-day pe- behalf of aliens for such State for a fiscal erage; which was ordered to lie on the riod referred to in subclause (III)(cc) of such year (within the limitation in subparagraph table; as follows: paragraph.’’. (B) and subject to paragraph (6)) in accord- At the appropriate place, insert the fol- (f) RECAPTURING WAIVER SLOTS LOST TO ance with the conditions of this clause to ex- lowing: OTHER STATES.—Section 214(l) of such Act, as ceed 3.’’. SEC. ll. PERMANENT RESIDENT STATUS FOR amended by subsections (d) and (e), is further SEC. 5. AMENDMENTS TO THE PROCEDURES, INDONESIANS LIVING IN THE amended by adding at the end the following: DEFINITIONS, AND OTHER PROVI- UNITED STATES FOR MORE THAN 10 ‘‘(7) If a recipient of a waiver under this SIONS RELATED TO PHYSICIAN IM- YEARS. subsection terminates the recipient’s em- MIGRATION. Notwithstanding any other provision of ployment with a health facility or health (a) VISA ELIGIBILITY.—Not later than 90 law, the Secretary shall cancel the removal care organization pursuant to paragraph days after the date of the enactment of this of, and adjust to the status of an alien law- (1)(C)(ii), including termination of employ- Act, the Secretary of State shall amend fully admitted for permanent residence on a ment because of circumstances described in guidance in the Foreign Affairs Manual to conditional basis, an alien who is inadmis- paragraph (1)(C)(ii)(III), and accepts new em- clarify that the expression of a future inten- sible or deportable from the United States or ployment with such a facility or organiza- tion to seek a waiver under section 214(l) of is in temporary protected status under sec- tion in a different State, the State from the Immigration and Nationality Act (8 tion 244 of the Immigration and Nationality which the alien is departing may be accorded U.S.C. 1184(l)) by an alien coming to the Act (8 U.S.C. 1254a), if— an additional waiver by the Secretary of United States to receive graduate medical (1) the alien has been continuously phys- State for use in the fiscal year in which the education or training, as described in section ically present in the United States since the alien’s employment was terminated.’’. 212(j) of such Act (8 U.S.C. 1182(j)), or to take date that is 10 years before the date of the enactment of this Act; SEC. 4. ALLOTMENT OF CONRAD 30 WAIVERS. examinations required to receive such grad- uate medical education or training, shall (2) the alien is a citizen of Indonesia; (a) IN GENERAL.—Section 214(l) of the Im- (3) the alien is a member of a religious mi- migration and Nationality Act (8 U.S.C. not, by itself, constitute evidence of an in- nority in Indonesia; and 1184(l)), as amended by section 3, is further tention to abandon a foreign residence for (4) the alien— amended by adding at the end the following: purposes of obtaining a visa as a non- (A) is not inadmissible under paragraph (2), ‘‘(8)(A)(i) All States shall be allotted a immigrant or otherwise obtaining or main- (3), (6)(E), (6)(G), (8), (10)(A), (10)(C), or (10)(D) total of 35 waivers under paragraph (1)(B) for taining the status of a nonimmigrant. of section 212(a) of the Immigration and Na- a fiscal year if 90 percent of the waivers (b) APPLICABILITY OF SECTION 212(e) TO tionality Act (8 U.S.C. 1182(a)); available to the States receiving at least 5 SPOUSES AND CHILDREN OF J–1 EXCHANGE (B) has not ordered, incited, assisted, or waivers were used in the previous fiscal year. VISITORS.—Section 212(e) of the Immigration otherwise participated in the persecution of ‘‘(ii) When an allotment occurs under and Nationality Act (8 U.S.C. 1182(e)) is any person on account of race, religion, na- clause (i), all States shall be allotted an ad- amended— tionality, membership in a particular social ditional 5 waivers under paragraph (1)(B) for (1) by inserting ‘‘(1)’’ after ‘‘(e)’’; and group, or political opinion; and each subsequent fiscal year if 90 percent of (2) by adding at the end the following (C) has not been convicted of— the waivers available to the States receiving ‘‘(2) A spouse or child of an exchange vis- (i) any offense under Federal or State law, at least 5 waivers were used in the previous itor described in section 101(a)(15)(J) shall other than a State offense for which an es- fiscal year. If the States are allotted 45 or not be subject to the requirements under sential element is the alien’s immigration more waivers for a fiscal year, the States this subsection solely on account of such status, that is punishable by a maximum will only receive an additional increase of 5 spouse or child’s derivative nonimmigrant term of imprisonment of more than 1 year; waivers the following fiscal year if 95 percent status to an exchange visitor who is subject or of the waivers available to the States receiv- to the requirements under this subsection.’’. (ii) 3 or more offenses under Federal or ing at least 1 waiver were used in the pre- State law, other than State offenses for vious fiscal year. SA 2002. Mr. MARKEY submitted an which an essential element is the alien’s im- ‘‘(B) Any increase in allotments under sub- amendment intended to be proposed by migration status, for which the alien was paragraph (A) shall be maintained indefi- him to the bill H.R. 2579, to amend the convicted on different dates for each of the 3 nitely, unless in a fiscal year, the total num- Internal Revenue Code of 1986 to allow offenses and imprisoned for an aggregate of ber of such waivers granted is 5 percent the premium tax credit with respect to 90 days or more. lower than in the last year in which there unsubsidized COBRA continuation cov- was an increase in the number of waivers al- erage; which was ordered to lie on the SA 2005. Mrs. SHAHEEN (for herself, lotted pursuant to this paragraph, in which table; as follows: Mr. LEAHY, and Ms. HASSAN) submitted case— an amendment intended to be proposed ‘‘(i) the number of waivers allotted shall be At the appropriate place, insert the fol- decreased by 5 for all States beginning in the lowing: by her to the bill H.R. 2579, to amend next fiscal year; and SEC. ll. PROHIBITION OF BORDER BARRIERS the Internal Revenue Code of 1986 to ‘‘(ii) each additional 5 percent decrease in ON NATIONAL PARK SYSTEM LAND. allow the premium tax credit with re- such waivers granted from the last year in Notwithstanding any other provision of spect to unsubsidized COBRA continu- which there was an increase in the allot- law, no wall or other physical barrier may be ation coverage; which was ordered to ment, shall result in an additional decrease constructed on the international border be- lie on the table; as follows: tween the United States and Mexico in a of 5 waivers allotted for all States, provided At the appropriate place, insert the fol- that the number of waivers allotted for all unit of the National Park System. lowing: States shall not drop below 30.’’. SEC. ll. ELIMINATION OF ONE-YEAR FILING (b) ACADEMIC MEDICAL CENTERS.—Section SA 2003. Mr. MARKEY submitted an DEADLINE FOR ASYLUM APPLICA- 214(l)(1)(D) of such Act is amended— amendment intended to be proposed by TIONS. (1) in clause (ii), by striking ‘‘and’’ at the him to the bill H.R. 2579, to amend the Section 208(a)(2) of the Immigration and end; Internal Revenue Code of 1986 to allow Nationality Act (8 U.S.C. 1158(a)(2)) is (2) in clause (iii), by striking the period at the premium tax credit with respect to amended— the end and inserting ‘‘; and’’; and unsubsidized COBRA continuation cov- (1) in subparagraph (A), by inserting ‘‘or (3) by adding at the end the following: the Secretary of Homeland Security’’ after ‘‘(iv) in the case of a request by an inter- erage; which was ordered to lie on the ‘‘Attorney General’’ both places the term ap- ested State agency— table; as follows: pears; ‘‘(I) the head of such agency determines At the appropriate place, insert the fol- (2) by striking subparagraphs (B) and (D); that the alien is to practice medicine in, or lowing: (3) by redesignating subparagraph (C) as be on the faculty of a residency program at, SEC. ll. APPROPRIATION FOR INTERDICT ACT. subparagraph (B); an academic medical center (as that term is There are appropriated to the Commis- (4) in subparagraph (B), as redesignated, by defined in section 411.355(e)(2) of title 42, sioner of U.S. Customs and Border Protec- striking ‘‘subparagraph (D)’’ and inserting Code of Federal Regulations, or similar suc- tion for fiscal year 2019 $15,000,000 to carry ‘‘subparagraphs (C) and (D)’’; and cessor regulation), without regard to wheth- out the INTERDICT Act (Public Law 115– (5) by inserting after subparagraph (B), as er such facility is located within an area des- 112). redesignated, the following new subpara- ignated by the Secretary of Health and graphs: Human Services as having a shortage of SA 2004. Mrs. SHAHEEN (for herself ‘‘(C) CHANGED CIRCUMSTANCES.—Notwith- health care professionals; and and Ms. HASSAN) submitted an amend- standing subparagraph (B), an application ‘‘(II) the head of such agency determines ment intended to be proposed by her to for asylum of an alien may be considered if that— the alien demonstrates, to the satisfaction of ‘‘(aa) the alien physician’s work is in the the bill H.R. 2579, to amend the Inter- the Attorney General or the Secretary of public interest; and nal Revenue Code of 1986 to allow the Homeland Security, the existence of changed ‘‘(bb) the grant of such waiver would not premium tax credit with respect to un- circumstances that materially affect the ap- cause the number of the waivers granted on subsidized COBRA continuation cov- plicant’s eligibility for asylum.

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‘‘(D) MOTION TO REOPEN CERTAIN MERI- ‘‘(c) DURATION OF PROVISIONAL PROTECTED Protection, including facilities that hold TORIOUS CLAIMS.—Notwithstanding subpara- PRESENCE AND EMPLOYMENT AUTHORIZA- such individuals under a contract or agree- graph (B) or section 240(c)(7), an alien may TION.—Provisional protected presence and ment with the Director or Commissioner, or file a motion to reopen an asylum claim if the employment authorization provided that is used, in whole or in part, to hold indi- the alien— under this section shall be effective until the viduals pursuant to an immigration de- ‘‘(i) was denied asylum based solely upon a date that is three years after the date of the tainer. failure to meet the 1-year application filing enactment of this section. (4) FACILITY ADMINISTRATOR.—The term deadline in effect on the date on which the ‘‘(d) STATUS DURING PERIOD OF PROVI- ‘‘facility administrator’’ means the official application was filed; SIONAL PROTECTED PRESENCE.— that is responsible for oversight of a deten- ‘‘(ii) was granted withholding of removal ‘‘(1) IN GENERAL.—An alien granted provi- tion facility or the designee of such official. pursuant to section 241(b)(3) and has not ob- sional protected presence is not considered (5) POSTPARTUM RECOVERY.—The term tained lawful permanent residence in the to be unlawfully present in the United States ‘‘postpartum recovery’’ means the 6-week pe- United States pursuant to any other provi- during the period beginning on the date such riod, or longer as determined by her health sion of law; status is granted and ending on the date de- care provider, following delivery, including ‘‘(iii) is not subject to the safe third coun- scribed in subsection (c). the entire period a woman is in the hospital try exception under subparagraph (A) or a ‘‘(2) STATUS OUTSIDE PERIOD.—The granting or infirmary after birth. bar to asylum under subsection (b)(2) and of provisional protected presence under this (6) RESTRAINT.—The term ‘‘restraint’’ section does not excuse previous or subse- should not be denied asylum as a matter of means any physical restraint or mechanical discretion; and quent periods of unlawful presence.’’. device used to control the movement of a de- ‘‘(iv) is physically present in the United (b) CLERICAL AMENDMENT.—The table of tainee’s body or limbs, including flex cuffs, States when the motion is filed.’’. contents for the Immigration and Nation- ality Act (8 U.S.C. 1101 note) is amended by soft restraints, hard metal handcuffs, a black SA 2006. Mrs. SHAHEEN (for herself inserting after the item relating to section box, Chubb cuffs, leg irons, belly chains, a se- curity (tether) chain, or a convex shield. and Ms. HASSAN) submitted an amend- 244 the following: ment intended to be proposed by her to ‘‘Sec. 244A. Provisional protected presence (b) PROHIBITION ON RESTRAINT OF PREGNANT the bill H.R. 2579, to amend the Inter- for Indonesians living in the DETAINEES.— nal Revenue Code of 1986 to allow the United States for more than 10 (1) PROHIBITION.—A detention facility shall premium tax credit with respect to un- years.’’. not use restraints on a detainee known to be subsidized COBRA continuation cov- pregnant, including during labor, transport SA 2007. Mrs. MURRAY (for herself, to a medical facility or birthing center, de- erage; which was ordered to lie on the Ms. CORTEZ MASTO, and Mr. LEAHY) livery, and postpartum recovery, unless the table; as follows: submitted an amendment intended to facility administrator makes an individual- At the appropriate place, insert the fol- be proposed by her to the bill H.R. 2579, ized determination that the detainee pre- lowing: to amend the Internal Revenue Code of sents an extraordinary circumstance as de- SEC. ll. PROVISIONAL PROTECTED PRESENCE 1986 to allow the premium tax credit scribed in paragraph (2). FOR QUALIFIED INDONESIANS LIV- (2) EXTRAORDINARY CIRCUMSTANCE.—Re- ING IN THE UNITED STATES FOR with respect to unsubsidized COBRA straints for an extraordinary circumstance MORE THAN 10 YEARS. continuation coverage; which was or- are only permitted if a lead medical staff (a) IN GENERAL.—Chapter 4 of title II of the dered to lie on the table; as follows: who is a licensed health care provider has di- Immigration and Nationality Act (8 U.S.C. rected the use of restraints for medical rea- 1221 et seq.) is amended by adding at the end At the appropriate place, insert the fol- sons or if the facility administrator makes the following new section: lowing: ll an individualized determination that— ‘‘SEC. 244A. PROVISIONAL PROTECTED PRES- SEC. . ELIMINATION OF NUMERICAL LIMITA- ENCE FOR QUALIFIED INDONESIANS TION ON U VISAS. (A) credible, reasonable grounds exist to LIVING IN THE UNITED STATES FOR Section 214(p) of the Immigration and Na- believe the detainee presents an immediate MORE THAN 10 YEARS. tionality Act (8 U.S.C. 1184(p)) is amended by and serious threat of hurting herself, staff or ‘‘(a) AUTHORIZATION.—The Secretary— striking paragraph (2). others; or ‘‘(1) shall grant provisional protected pres- (B) reasonable grounds exist to believe the ence to an alien who files an application SA 2008. Mrs. MURRAY submitted an detainee presents an immediate and credible demonstrating that he or she meets the eli- amendment intended to be proposed by risk of escape that cannot be reasonably gibility criteria under subsection (b) and her to the bill H.R. 2579, to amend the minimized through any other method. pays the appropriate application fee; and Internal Revenue Code of 1986 to allow (3) REQUIREMENT FOR LEAST RESTRICTIVE ‘‘(2) shall provide such alien with employ- the premium tax credit with respect to RESTRAINTS.—In the rare event that one of ment authorization. unsubsidized COBRA continuation cov- the extraordinary circumstances in para- ‘‘(b) ELIGIBILITY CRITERIA.—An alien is eli- graph (2) applies, only the least restrictive gible for provisional protected presence erage; which was ordered to lie on the restraints necessary shall be used, except under this section and employment author- table; as follows: that— ization if— At the appropriate place, insert the fol- (A) if a doctor, nurse, or other health pro- ‘‘(1) the alien has been continuously phys- lowing: fessional treating the detainee requests that ically present in the United States since the SEC. lll. PROHIBITION ON SHACKLING, CHAIN- restraints not be used, the detention officer date that is 10 years before the date of the ING, AND RESTRAINING PREGNANT accompanying the detainee shall imme- enactment of this section; WOMEN IN DETENTION. diately remove all restraints; ‘‘(2) the alien is a citizen of Indonesia; (a) DEFINITIONS.—In this section: (B) under no circumstance shall leg, waist, ‘‘(3) the alien is a member of a religious (1) APPROPRIATE COMMITTEES OF CON- or four point restraints be used; minority in Indonesia; and GRESS.—The term ‘‘appropriate committees (C) under no circumstance shall wrist re- ‘‘(4) the alien— of Congress’’ means— straints be used to bind the detainee’s hands ‘‘(A) is not inadmissible under paragraph (A) the Committee on the Judiciary, the behind her back or to another person; and (2), (3), (6)(E), (6)(G), (8), (10)(A), (10)(C), or Committee on Appropriations, and the Com- (D) under no circumstances shall any re- (10)(D) of section 212(a) of this Act; mittee on Health, Education, Labor, and straints be used on any detainee in labor or ‘‘(B) has not ordered, incited, assisted, or Pensions of the Senate; and delivery. otherwise participated in the persecution of (B) Committee on the Judiciary and the (4) RECORD OF EXTRAORDINARY CIR- any person on account of race, religion, na- Committee on Appropriations of the House CUMSTANCES.— tionality, membership in a particular social of Representatives. (A) REQUIREMENT.—If restraints are used group, or political opinion; and (2) DETAINEE.—The term ‘‘detainee’’ in- on a detainee pursuant to paragraph (2), the ‘‘(C) has not been convicted of— cludes any adult or juvenile person detained facility administrator shall make a written ‘‘(i) any offense under Federal or State by any Federal, State, or local law enforce- finding within 10 days as to the extraor- law, other than a State offense for which an ment agency (including under contract or dinary circumstance that dictated the use of essential element is the alien’s immigration agreement with such agency) under the Im- the restraints. status, that is punishable by a maximum migration and Nationality Act (8 U.S.C. 1101 (B) RETENTION.—A written finding made term of imprisonment of more than 1 year; et seq.). under subparagraph (A) shall be kept on file or (3) DETENTION FACILITY.—The term ‘‘deten- by the detention facility for at least 5 years ‘‘(ii) 3 or more offenses under Federal or tion facility’’ means a Federal, State, or and be made available for public inspection, State law, other than State offenses for local government facility, or a privately except that no individually identifying infor- which an essential element is the alien’s im- owned and operated facility, that is used, in mation of any detainee shall be made public migration status, for which the alien was whole or in part, to hold individuals under without the detainee’s prior written consent. convicted on different dates for each of the 3 the authority of the Director of U.S. Immi- offenses and imprisoned for an aggregate of gration and Customs Enforcement or the (c) PROHIBITION ON PRESENCE OF DETENTION 90 days or more. Commissioner of U.S. Customs and Border OFFICERS.—Upon a detainee’s admission to a

VerDate Sep 11 2014 05:05 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00189 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.038 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S1118 CONGRESSIONAL RECORD — SENATE February 14, 2018 medical facility or birthing center, no deten- SA 2009. Ms. CORTEZ MASTO (for in any of subparagraphs (A) through (G) of tion officer shall be present in the room dur- herself, Mr. LEAHY, and Mrs. MURRAY) such section. ing a pelvic exam, labor, delivery, or treat- submitted an amendment intended to ‘‘(3) EXCEPTION.—Paragraph (1) shall not ment of other symptoms related to preg- be proposed by her to the bill H.R. 2579, apply in a case in which the Director of U.S. nancy, unless specifically requested by med- Citizenship and Immigration Services deter- ical personnel. If a detention officer’s pres- to amend the Internal Revenue Code of mines that the alien is prima facie ineligible ence is requested by medical personnel, the 1986 to allow the premium tax credit for admission for any of the reasons de- detention officer shall be female, if prac- with respect to unsubsidized COBRA scribed in clauses (i) through (iv) of section ticable, and remain near the detainee’s head continuation coverage; which was or- 241(b)(3)(B).’’. to protect her privacy. If restraints are used dered to lie on the table; as follows: (d) DETENTION AND REMOVAL OF ALIENS OR- on a detainee pursuant to subsection (b)(2), a DERED REMOVED.—Section 241(a) of the Im- detention officer shall remain immediately At the appropriate place, insert the fol- lowing: migration and Nationality Act (8 U.S.C. outside the room at all times so that the of- 1231(a)) is amended by adding at the end the ficer may promptly remove the restraints if SEC. ll. PROHIBITION ON REMOVAL OF CER- following: requested by medical personnel, as required TAIN VICTIMS WITH PENDING PETI- TIONS AND APPLICATIONS. ‘‘(8) PROHIBITION ON REMOVAL OF CERTAIN by subsection (b)(3)(A). VICTIMS WITH PENDING PETITIONS AND APPLICA- (d) TREATMENT OF PREGNANT WOMEN.— (a) IN GENERAL.—Section 235 of the Immi- TIONS.— With regard to pregnant detainees: gration and Nationality Act (8 U.S.C. 1225) is ‘‘(A) IN GENERAL.—An alien described in RESUMPTION OF RELEASE.—Absent ex- amended by adding at the end the following: (1) P subparagraph (B) shall not be removed under traordinary circumstances of the pregnant ‘‘(e) PROHIBITION ON REMOVAL OF CERTAIN this section until there is a final administra- woman being a threat to herself or others or VICTIMS WITH PENDING PETITIONS AND APPLI- tive order of removal after the exhaustion of subject to mandatory detention, the United CATIONS.— administrative appeals. States Government shall not detain preg- ‘‘(1) IN GENERAL.—An alien described in ‘‘(B) ALIENS DESCRIBED.—An alien is de- nant women. paragraph (2) shall not be ordered removed scribed in this paragraph if the alien— (2) MANDATED REVIEW.—For any pregnant under this section until there is a final ad- ‘‘(i) has a pending application under sec- detainee held in detention who satisfies the ministrative denial of the application for ad- tion 101(a)(15)(T), 101(a)(15)(U), 106, 240A(b)(2), requirements of paragraph (1), the United mission after the exhaustion of administra- or 244(a)(3) (as in effect on March 31, 1997); or States Government shall conduct a review, tive appeals. ‘‘(ii) is a VAWA self-petitioner, as defined not less than weekly, to determine if the ‘‘(2) ALIENS DESCRIBED.—An alien is de- scribed in this paragraph if the alien— in section 101(a)(51),with a pending applica- pregnant detainee continues to be a threat tion for relief under a provision referred to to herself or others or subject to mandatory ‘‘(A) has a pending application under sec- tion 101(a)(15)(T), 101(a)(15)(U), 106, 240A(b)(2), in one of subparagraphs (A) through (G) of detention, and release any such pregnant de- such section. tainee that does not satisfy these conditions. or 244(a)(3) (as in effect on March 31, 1997); or ‘‘(C) EXCEPTION.—Paragraph (1) shall not CCESS TO SERVICES.—A pregnant de- ‘‘(B) is a VAWA self-petitioner, as defined (3) A apply in a case in which the Director of U.S. tainee in custody shall have access to health in section 101(a)(51), with a pending applica- Citizenship and Immigration Services deter- care services, including services related to tion for relief under a provision referred to mines that the alien is prima facie ineligible reproductive health care and pregnancy such in any of subparagraphs (A) through (G) of for admission for any of the reasons de- as routine or specialized prenatal care, preg- such section. scribed in clauses (i) through (iv) of section nancy testing, comprehensive counseling and ‘‘(3) EXCEPTION.—Paragraph (1) shall not 241(b)(3)(B).’’. assistance, postpartum follow-up, and lacta- apply in a case in which the Director of U.S. Citizenship and Immigration Services deter- tion services. SA 2010. Mr. ROUNDS (for himself, (e) ANNUAL REPORTS.— mines that the alien is prima facie ineligible Mr. KING, Ms. COLLINS, Mr. MANCHIN, (1) REPORTS BY FACILITY ADMINISTRATORS.— for admission for any of the reasons de- Not later than 30 days after the end of each scribed in clauses (i) through (iv) of section Mr. GRAHAM, Mr. KAINE, Mr. FLAKE, fiscal year, the facility administrator of 241(b)(3)(B).’’. Mr. COONS, Mr. GARDNER, Ms. each detention facility that detained a preg- (b) ADMINISTRATIVE STAYS OF REMOVAL FOR HEITKAMP, Ms. MURKOWSKI, Mrs. SHA- nant detainee shall submit to the Secretary APPLICANTS FOR CERTAIN NONIMMIGRANT STA- HEEN, Mr. ALEXANDER, Ms. KLOBUCHAR, a written report that includes, with respect TUS.—Section 237(d)(1) of the Immigration Mr. ISAKSON, and Mr. WARNER) sub- to the previous fiscal year, the following: and Nationality Act (8 U.S.C. 1227(d)(1)) is mitted an amendment intended to be amended to read as follows: (A) An account of every instance of the use proposed by him to the bill H.R. 2579, of restraints on pregnant detainees, includ- ‘‘(d)(1) The Director of U.S. Citizenship and ing the justification for such restraint and Immigration Services shall make a deter- to amend the Internal Revenue Code of the name of the facility administrator who mination whether an application for non- 1986 to allow the premium tax credit made the individualized determination under immigrant status under subparagraph (T) or with respect to unsubsidized COBRA subsection (b)(1). (U) of section 101(a)(15) filed for an alien in continuation coverage; which was or- (B) The number of pregnant detainees. the United States sets forth a prima facie dered to lie on the table; as follows: (C) The average length of detention of case for approval, and, if so, the Secretary Strike all after the enacting clause and in- pregnant detainee. shall grant the alien an administrative stay sert the following: of a final order of removal under section (D) The number of pregnant detainees de- SECTION 1. SHORT TITLE. 241(c)(2) until— tained longer than 15 days. This Act may be cited as the ‘‘Immigration ‘‘(A) the application for nonimmigrant sta- (E) The number of pregnant detainees de- Security and Opportunity Act’’. tained longer than 30 days. tus under such subparagraph (T) or (U) is ap- SEC. 2. CANCELLATION OF REMOVAL AND AD- (2) AUDIT AND REPORTS BY SECRETARY.—Not proved; or ‘‘(B) there is a final administrative denial JUSTMENT OF STATUS FOR CERTAIN later than 90 days after the end of each fiscal LONG-TERM RESIDENTS WHO EN- year, the Secretary shall— of the application for such nonimmigrant TERED THE UNITED STATES AS (A) complete an audit of the information status after the exhaustion of administrative CHILDREN. submitted under subparagraphs (B) through appeals.’’. (a) IN GENERAL.—Chapter 4 of title II of the (F) of paragraph (1); and (c) EXPEDITED REMOVAL OF ALIENS CON- Immigration and Nationality Act (8 U.S.C. (B) submit to the appropriate committees VICTED OF AGGRAVATED FELONIES.—Section 1221 et seq.) is amended by adding at the end of Congress a report that includes all of the 238 of the Immigration and Nationality Act the following: information submitted to the Secretary (8 U.S.C. 1228) is amended by adding at the ‘‘SEC. 244A. CANCELLATION OF REMOVAL FOR under paragraph (1), disaggregated by facil- end the following: CERTAIN LONG-TERM RESIDENTS ity. ‘‘(d) PROHIBITION ON REMOVAL OF CERTAIN WHO ENTERED THE UNITED STATES (3) PRIVACY.—No report submitted under VICTIMS WITH PENDING PETITIONS AND APPLI- AS CHILDREN. this subsection may contain any individually CATIONS.— ‘‘(a) DEFINITIONS.—In this section: identifying information of any detainee. No ‘‘(1) IN GENERAL.—An alien described in ‘‘(1) APPLICABLE FEDERAL TAX LIABILITY.— report submitted under this subsection that paragraph (2) shall not be ordered removed The term ‘applicable Federal tax liability’ is made available for public inspection may under this section until there is a final ad- means liability for Federal taxes imposed contain the name of the facility adminis- ministrative order of removal after the ex- under the Internal Revenue Code of 1986, in- trator otherwise included under paragraph haustion of administrative appeals. cluding any penalties and interest on Fed- (1)(A). ‘‘(2) ALIENS DESCRIBED.—An alien is de- eral taxes imposed under that Code. (4) PUBLIC INSPECTION.—Except as provided scribed in this paragraph if the alien— ‘‘(2) ARMED FORCES.—The term ‘Armed in paragraph (3), each report submitted ‘‘(A) has a pending application under sec- Forces’ has the meaning given the term under this subsection shall be made avail- tion 101(a)(15)(T), 101(a)(15)(U), 106, 240A(b)(2), ‘armed forces’ in section 101 of title 10, able for public inspection. or 244(a)(3) (as in effect on March 31, 1997); or United States Code. (f) RULEMAKING.—The Secretary shall ‘‘(B) is a VAWA self-petitioner, as defined ‘‘(3) DACA.—The term ‘DACA’ means the adopt regulations or policies to carry out in section 101(a)(51),with a pending applica- deferred action for childhood arrivals policy this section at every detention facility. tion for relief under a provision referred to described in the memorandum issued by the

VerDate Sep 11 2014 05:05 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00190 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.039 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S1119 Secretary dated June 15, 2012 (rescinded on ‘‘(bb) an offense of— ‘‘(ii) the alien has entered into an agree- September 5, 2017). ‘‘(AA) sexual abuse or exploitation; ment to pay, through a payment installment ‘‘(4) DACA RECIPIENT.—The term ‘DACA re- ‘‘(BB) burglary; plan approved by the Commissioner of Inter- cipient’ means an alien who was granted and ‘‘(CC) unlawful possession or use of a fire- nal Revenue, any applicable Federal tax li- remained in deferred action status under arm; ability incurred by the alien during the en- DACA. ‘‘(DD) drug distribution or trafficking; or tire period for which the alien was author- ‘‘(5) DISABILITY.—The term ‘disability’ has ‘‘(EE) driving under the influence, if the ized to work in the United States; and the meaning given the term in section 3(1) of applicable State law requires, as elements of ‘‘(F) the alien was under the age of 38 years the Americans with Disabilities Act of 1990 the offense, the operation of a motor vehicle on June 15, 2012. (42 U.S.C. 12102(1)). and a finding of impairment or a blood alco- ‘‘(c) WAIVER.— ‘‘(6) EARLY CHILDHOOD EDUCATION PRO- hol content equal to or greater than .08; or ‘‘(1) IN GENERAL.—With respect to any ben- GRAM.—The term ‘early childhood education ‘‘(II) that resulted in a sentence of time in efit under this section, the Secretary may, program’ has the meaning given the term in custody of more than 90 days. on a case-by-case basis, waive a ground of in- section 103 of the Higher Education Act of ‘‘(B) EXCLUSION.—The term ‘significant admissibility under paragraph (2), (6)(E), 1965 (20 U.S.C. 1003). misdemeanor’ does not include a State or (6)(G), or (10)(D) of section 212(a)— ‘‘(7) ELEMENTARY SCHOOL.—The term ‘ele- local offense for which an essential element ‘‘(A) for humanitarian purposes; or mentary school’ has the meaning given the is the immigration status of an alien. ‘‘(B) if the waiver is otherwise in the public term in section 8101 of the Elementary and ‘‘(17) UNIFORMED SERVICES.—The term ‘Uni- interest. Secondary Education Act of 1965 (20 U.S.C. formed Services’ has the meaning given the ‘‘(2) QUARTERLY REPORT.—Not later than 7801). term ‘uniformed services’ in section 101(a) of 180 days after the date of enactment of this ‘‘(8) FELONY.— title 10, United States Code. section, and quarterly thereafter, the Sec- ‘‘(A) IN GENERAL.—The term ‘felony’ means ‘‘(b) IN GENERAL.—Notwithstanding any retary shall submit to Congress a report that a Federal, State, or local criminal offense other provision of law, the Secretary shall identifies, for the preceding quarter— punishable by imprisonment for a term that cancel the removal of, and adjust to the sta- ‘‘(A) the number of waivers requested by exceeds 1 year. tus of an alien lawfully admitted for perma- aliens under paragraph (1); ‘‘(B) EXCLUSION.—The term ‘felony’ does nent residence on a conditional basis, an ‘‘(B) the number of waiver requests granted not include a State or local criminal offense alien who is inadmissible to, or deportable by the Secretary under that paragraph; and for which an essential element is the immi- from, the United States if— ‘‘(C) the number of waiver requests denied gration status of an alien. ‘‘(1) the alien is a DACA recipient; or by the Secretary under that paragraph. ‘‘(9) HIGH SCHOOL.—The term ‘high school’ ‘‘(2)(A) the alien has been continuously ‘‘(d) TREATMENT OF EXPUNGED CONVIC- has the meaning given the term in section physically present in the United States since TIONS.— 8101 of the Elementary and Secondary Edu- June 15, 2012; ‘‘(1) IN GENERAL.—An expunged conviction cation Act of 1965 (20 U.S.C. 7801). ‘‘(B) the alien was younger than 18 years of shall not automatically be treated as a con- ‘‘(10) INSTITUTION OF HIGHER EDUCATION.— age on the date on which the alien initially viction referred to in subsection (b)(2)(C)(iii), ‘‘(A) IN GENERAL.—Except as provided in entered the United States; (o)(3)(A)(iii), or (p)(1)(A)(i)(III). subparagraph (B), the term ‘institution of ‘‘(C) subject to subsections (c) and (d), the ‘‘(2) CASE-BY-CASE EVALUATION.—The Sec- higher education’ has the meaning given the alien— retary shall evaluate an expunged conviction term in section 102 of the Higher Education ‘‘(i) is not inadmissible under paragraph on a case-by-case basis according to the na- Act of 1965 (20 U.S.C. 1002). (2), (3), (6)(E), (6)(G), (8), (10)(A), (10)(C), or ture and severity of the offense underlying ‘‘(B) EXCLUSION.—The term ‘institution of (10)(D) of section 212(a); the expunged conviction, based on the record higher education’ does not include an insti- ‘‘(ii) has not ordered, incited, assisted, or of conviction, to determine whether, under tution of higher education outside the otherwise participated in the persecution of the particular circumstances, the alien is el- United States. any person on account of race, religion, na- igible for cancellation of removal, adjust- ‘‘(11) MISDEMEANOR.— tionality, membership in a particular social ment to permanent resident status on a con- ‘‘(A) IN GENERAL.—The term ‘misdemeanor’ group, or political opinion; and ditional basis, or other adjustment of status. means a Federal, State, or local criminal of- ‘‘(iii) has not been convicted of— ‘‘(e) DACA RECIPIENTS.—With respect to a fense for which— ‘‘(I) a felony; DACA recipient, the Secretary shall cancel ‘‘(i) the maximum term of imprisonment ‘‘(II) a significant misdemeanor; or the removal of the DACA recipient and ad- is— ‘‘(III) 3 or more misdemeanors— just the status of the DACA recipient to the ‘‘(I) greater than 5 days; and ‘‘(aa) not occurring on the same date; and status of an alien lawfully admitted for per- ‘‘(II) not greater than 1 year; and ‘‘(bb) not arising out of the same act, omis- manent residence on a conditional basis un- ‘‘(ii) the individual was sentenced to time sion, or scheme of misconduct; less, since the date on which the DACA re- in custody of 90 days or less. ‘‘(D) the alien— cipient was granted deferred action status ‘‘(B) EXCLUSION.—The term ‘misdemeanor’ ‘‘(i) has been admitted to an institution of under DACA, the DACA recipient has en- does not include a State or local offense for higher education; gaged in conduct that would render an alien which an essential element is— ‘‘(ii)(I) has earned a high school diploma or ineligible for deferred action status under ‘‘(i) the immigration status of the alien; a commensurate alternative award from a DACA. ‘‘(ii) a significant misdemeanor; or public or private high school; or ‘‘(f) APPLICATION FEE.— ‘‘(iii) a minor traffic offense. ‘‘(II) has obtained— ‘‘(1) IN GENERAL.—The Secretary may re- ‘‘(12) PERMANENT RESIDENT STATUS ON A ‘‘(aa) a general education development cer- quire an alien applying for permanent resi- CONDITIONAL BASIS.—The term ‘permanent tificate recognized under State law; or dent status on a conditional basis to pay a resident status on a conditional basis’ means ‘‘(bb) a high school equivalency diploma in reasonable fee that is commensurate with status as an alien lawfully admitted for per- the United States; the cost of processing the application. manent residence on a conditional basis ‘‘(iii) is enrolled in— ‘‘(2) EXEMPTION.—An applicant may be ex- under this section. ‘‘(I) secondary school; or empted from paying the fee required under ‘‘(13) POVERTY LINE.—The term ‘poverty ‘‘(II) an education program assisting stu- paragraph (1) only if the alien— line’ has the meaning given the term in sec- dent in— ‘‘(A)(i) is younger than 18 years of age; tion 673 of the Community Services Block ‘‘(aa) obtaining— ‘‘(ii) received total income, during the 1- Grant Act (42 U.S.C. 9902). ‘‘(AA) a regular high school diploma; or year period immediately preceding the date ‘‘(14) SECONDARY SCHOOL.—The term ‘sec- ‘‘(BB) the recognized equivalent of a reg- on which the alien files an application under ondary school’ has the meaning given the ular high school diploma; or this section, that is less than 150 percent of term in section 8101 of the Elementary and ‘‘(bb) passing— the poverty line; and Secondary Education Act of 1965 (20 U.S.C. ‘‘(AA) a general educational development ‘‘(iii) is in foster care or otherwise lacking 7801). exam; any parental or other familial support; ‘‘(15) SECRETARY.—The term ‘Secretary’ ‘‘(BB) a high school equivalence diploma ‘‘(B) is younger than 18 years of age and is means the Secretary of Homeland Security. examination; or homeless; ‘‘(16) SIGNIFICANT MISDEMEANOR.— ‘‘(CC) any other similar State-authorized ‘‘(C)(i) cannot care for himself or herself ‘‘(A) IN GENERAL.—The term ‘significant exam; or because of a serious, chronic disability; and misdemeanor’ means a Federal, State, or ‘‘(iv)(I) has served, is serving, or has en- ‘‘(ii) received total income, during the 1- local criminal offense— listed in the Armed Forces; or year period immediately preceding the date ‘‘(i) for which the maximum term of im- ‘‘(II) in the case of an alien who has been on which the alien files an application under prisonment is— discharged from the Armed Forces, has re- this section, that is less than 150 percent of ‘‘(I) more than 5 days; and ceived an honorable discharge; the poverty line; or ‘‘(II) not more than 1 year; and ‘‘(E)(i) the alien has paid any applicable ‘‘(D)(i) during the 1-year period imme- ‘‘(ii)(I) that, regardless of the sentence im- Federal tax liability incurred by the alien diately preceding the date on which the alien posed, is— during the entire period for which the alien files an application under this section, accu- ‘‘(aa) a crime of domestic violence (as de- was authorized to work in the United States; mulated $10,000 or more in debt as a result of fined in section 237(a)(2)(E)(i)); or or unreimbursed medical expenses incurred by

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the alien or an immediate family member of ‘‘(2) TREATMENT OF CERTAIN BREAKS IN provide notice to the alien regarding the pro- the alien; and PRESENCE.— visions of this section and the requirements ‘‘(ii) received total income, during the 1- ‘‘(A) IN GENERAL.—Except as provided in to have the conditional basis of that status year period immediately preceding the date subparagraphs (B) and (C), an alien shall be removed. on which the alien files an application under considered to have failed to maintain contin- ‘‘(3) TERMINATION OF STATUS.—The Sec- this section, that is less than 150 percent of uous physical presence in the United States retary may terminate the permanent resi- the poverty line. if the alien has departed from the United dent status on a conditional basis of an alien ‘‘(g) SUBMISSION OF BIOMETRIC AND BIO- States for any period greater than 90 days or only if the Secretary— GRAPHIC DATA.— for any periods, in the aggregate, greater ‘‘(A) subject to subsections (c) and (d), de- ‘‘(1) IN GENERAL.—The Secretary may not than 180 days. termines that the alien— grant an alien permanent resident status on ‘‘(B) EXTENSIONS FOR EXTENUATING CIR- ‘‘(i) is inadmissible under paragraph (2), (3), a conditional basis under this section unless CUMSTANCES.—The Secretary may extend the (6)(E), (6)(G), (8), (10)(A), (10)(C), or (10)(D) of the alien submits biometric and biographic time periods described in subparagraph (A) section 212(a); data, in accordance with procedures estab- for an alien who demonstrates that the fail- ‘‘(ii) has ordered, incited, assisted, or oth- lished by the Secretary. ure to timely return to the United States erwise participated in the persecution of any ‘‘(2) ALTERNATIVE PROCEDURE.—The Sec- was due to extenuating circumstances be- person on account of race, religion, nation- retary shall provide an alternative procedure yond the control of the alien, including the ality, membership in a particular social for any alien who is unable to provide the bi- serious illness of the alien, or death or seri- group, or political opinion; or ometric or biographic data referred to in ous illness of a parent, grandparent, sibling, ‘‘(iii) has been convicted of— paragraph (1) due to of a physical impair- or child of the alien. ‘‘(I) a felony; ment. ‘‘(C) TRAVEL AUTHORIZED BY THE SEC- ‘‘(II) a significant misdemeanor; or ‘‘(h) BACKGROUND CHECKS.— RETARY.—Any period of travel outside of the ‘‘(III) 3 or more misdemeanors— ‘‘(1) REQUIREMENT FOR BACKGROUND United States by an alien that was author- ‘‘(aa) not occurring on the same date; and CHECKS.—The Secretary shall use biometric, ized by the Secretary may not be counted to- ‘‘(bb) not arising out of the same act, omis- biographic, and other data that the Sec- ward any period of departure from the sion, or scheme of misconduct; and retary determines appropriate— United States under subparagraph (A). ‘‘(B) prior to the termination, provides the ‘‘(A) to conduct security and law enforce- ‘‘(l) LIMITATION ON REMOVAL OF CERTAIN alien— ment background checks of an alien seeking ALIENS.— ‘‘(i) notice of the proposed termination; permanent resident status on a conditional ‘‘(1) IN GENERAL.—The Secretary or the At- and basis; and torney General may not remove an alien who ‘‘(ii) the opportunity for a hearing to pro- ‘‘(B) to determine whether there is any appears prima facie eligible for relief under vide evidence that the alien meets the re- criminal, national security, or other factor this section. quirements or otherwise contest the termi- that would render the alien ineligible for ‘‘(2) ALIENS SUBJECT TO REMOVAL.—With re- nation. permanent resident status on a conditional spect to an alien who is in removal pro- ‘‘(4) RETURN TO PREVIOUS IMMIGRATION STA- basis. ceedings, the subject of a final removal TUS.—The immigration status of an alien ‘‘(2) COMPLETION OF BACKGROUND CHECKS.— order, or the subject of a voluntary depar- whose permanent resident status on a condi- The security and law enforcement back- ture order, the Attorney General shall pro- tional basis expires under paragraph (1)(A)(i) ground checks of an alien required under vide the alien with a reasonable opportunity or is terminated under paragraph (3) or paragraph (1) shall be completed, to the sat- to apply for relief under this section. whose application for permanent resident isfaction of the Secretary, before the date on ‘‘(m) CERTAIN ALIENS ENROLLED IN ELEMEN- status on a conditional basis is denied shall which the Secretary grants the alien perma- TARY OR SECONDARY SCHOOL.— return to the immigration status of the alien nent resident status on a conditional basis. ‘‘(1) STAY OF REMOVAL.—The Attorney Gen- on the day before the date on which the alien ‘‘(3) CRIMINAL RECORD REQUESTS.—With re- eral shall stay the removal proceedings of an received permanent resident status on a con- spect to an alien seeking permanent resident alien who— ditional basis or applied for permanent resi- status on a conditional basis, the Secretary, ‘‘(A) meets all the requirements described dent status on a conditional basis, as appro- in cooperation with the Secretary of State, in subparagraphs (A) through (C) of sub- priate. shall seek to obtain from INTERPOL, section (b)(2), subject to subsections (c) and ‘‘(p) REMOVAL OF CONDITIONAL BASIS OF EUROPOL, or any other international or na- (d); PERMANENT RESIDENT STATUS.— tional law enforcement agency of the coun- ‘‘(B) is at least 5 years of age; and ‘‘(1) ELIGIBILITY FOR REMOVAL OF CONDI- try of nationality, country of citizenship, or ‘‘(C) is enrolled in an elementary school, a TIONAL BASIS.— country of last habitual residence of the secondary school, or an early childhood edu- ‘‘(A) IN GENERAL.—Subject to subparagraph alien information about any criminal activ- cation program. (B), the Secretary shall remove the condi- ity— ‘‘(2) COMMENCEMENT OF REMOVAL PRO- tional basis of the permanent resident status ‘‘(A) in which the alien engaged in the CEEDINGS.—The Secretary may not com- of an alien granted under this section and country of nationality, country of citizen- mence removal proceedings for an alien de- grant the alien status as an alien lawfully ship, or country of last habitual residence of scribed in paragraph (1). admitted for permanent residence if the the alien; or ‘‘(3) EMPLOYMENT.—An alien whose re- alien— ‘‘(B) for which the alien was convicted in moval is stayed pursuant to paragraph (1) or ‘‘(i) subject to subsections (c) and (d)— the country of nationality, country of citi- who may not be placed in removal pro- ‘‘(I) is not inadmissible under paragraph zenship, or country of last habitual residence ceedings pursuant to paragraph (2) shall, on (2), (3), (6)(E), (6)(G), (8), (10)(A), (10)(C), or of the alien. application to the Secretary, be granted an (10)(D) of section 212(a); ‘‘(i) MEDICAL EXAMINATION.— employment authorization document. ‘‘(II) has not ordered, incited, assisted, or ‘‘(1) REQUIREMENT.—An alien applying for ‘‘(4) LIFT OF STAY.—The Secretary or At- permanent resident status on a conditional torney General may not lift the stay granted otherwise participated in the persecution of basis shall undergo a medical examination. to an alien under paragraph (1) unless the any person on account of race, religion, na- tionality, membership in a particular social ‘‘(2) POLICIES AND PROCEDURES.—The Sec- alien ceases to meet the requirements under retary, with the concurrence of the Sec- that paragraph. group, or political opinion; and retary of Health and Human Services, shall ‘‘(n) EXEMPTION FROM NUMERICAL LIMITA- ‘‘(III) has not been convicted of— prescribe policies and procedures for the na- TIONS.—Nothing in this section or in any ‘‘(aa) a felony; ture and timing of the examination required other law applies a numerical limitation on ‘‘(bb) a significant misdemeanor; or under paragraph (1). the number of aliens who may be granted ‘‘(cc) 3 or more misdemeanors— ‘‘(j) MILITARY SELECTIVE SERVICE.—An permanent resident status on a conditional ‘‘(AA) not occurring on the same date; and alien applying for permanent resident status basis. ‘‘(BB) not arising out of the same act, on a conditional basis under this section ‘‘(o) TERMS OF PERMANENT RESIDENT STA- omission, or scheme of misconduct; shall establish that the alien has registered TUS ON A CONDITIONAL BASIS.— ‘‘(ii) has not abandoned the residence of under the Military Selective Service Act (50 ‘‘(1) PERIOD OF STATUS.— the alien in the United States; U.S.C. 3801 et seq.), if the alien is subject to ‘‘(A) IN GENERAL.—Permanent resident sta- ‘‘(iii)(I) has acquired a degree from an in- registration under that Act. tus on a conditional basis is— stitution of higher education or has com- ‘‘(k) DETERMINATION OF CONTINUOUS PRES- ‘‘(i) subject to subparagraph (B), valid for a pleted at least 2 years, in good standing, in ENCE.— period of 7 years; and a program for a bachelor’s degree or higher ‘‘(1) TERMINATION OF CONTINUOUS PERIOD.— ‘‘(ii) subject to termination under para- degree in the United States; Any period of continuous physical presence graph (3). ‘‘(II)(aa) has served in the Uniformed Serv- in the United States of an alien who applies ‘‘(B) EXTENSION AUTHORIZED.—The Sec- ices for at least 2 years; or for permanent resident status on a condi- retary may extend the period described in ‘‘(bb) in the case of an alien who has been tional basis under this section shall not ter- subparagraph (A)(i). discharged from the Uniformed Services, has minate on the date on which the alien is ‘‘(2) NOTICE OF REQUIREMENTS.—At the time received an honorable discharge; or served a notice to appear under section an alien obtains permanent resident status ‘‘(III) has been employed for periods total- 239(a). on a conditional basis, the Secretary shall ing at least 3 years and at least 75 percent of

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the time that the alien has had a valid em- the permanent resident status of the alien; ‘‘(2) DOCUMENTS ESTABLISHING CONTINUOUS ployment authorization, except that any pe- and PHYSICAL PRESENCE IN THE UNITED STATES.— riod during which the alien is not employed ‘‘(II) to determine whether there is any To establish that an alien has been continu- while having a valid employment authoriza- criminal, national security, or other factor ously physically present in the United tion and is enrolled in an institution of high- that would render the alien ineligible for re- States, as required under subsection er education, a secondary school, or an edu- moval of the conditional basis of the perma- (b)(2)(A), or to establish that an alien has cation program described in subsection nent resident status of the alien. not abandoned residence in the United (b)(2)(D)(iii), shall not count toward the time ‘‘(ii) COMPLETION OF BACKGROUND CHECKS.— States, as required under subsection requirements under this clause; The security and law enforcement back- (p)(1)(A)(ii), the alien may submit documents ‘‘(iv)(I) has paid any applicable Federal tax ground checks of an alien required under to the Secretary, including— liability incurred by the alien during the en- clause (i) shall be completed, to the satisfac- ‘‘(A) employment records that include the tire period for which the alien has been in tion of the Secretary, before the date on employer’s name and contact information; permanent resident status on a conditional which the Secretary removes the conditional ‘‘(B) records from any educational institu- basis; or basis of the permanent resident status of the tion the alien has attended in the United ‘‘(II) has entered into an agreement to pay alien. States; the applicable Federal tax liability through ‘‘(2) NATURALIZATION.— ‘‘(C) records of service from the Uniformed a payment installment plan approved by the ‘‘(A) IN GENERAL.—For purposes of title III, Services; Commissioner of Internal Revenue; and an alien granted permanent resident status ‘‘(D) official records from a religious entity confirming the alien’s participation in a reli- ‘‘(v) has demonstrated good moral char- on a conditional basis shall be considered to gious ceremony; acter during the entire period for which the have been admitted to the United States, ‘‘(E) passport entries; alien has been in permanent resident status and to be present in the United States, as an ‘‘(F) a birth certificate for a child of the on a conditional basis. alien lawfully admitted for permanent resi- alien who was born in the United States; ‘‘(B) CITIZENSHIP REQUIREMENT.—The condi- dence. ‘‘(G) automobile license receipts or reg- tional basis of the permanent resident status ‘‘(B) LIMITATIONS ON APPLICATION FOR NATU- istration; granted to an alien under this section may RALIZATION.— ‘‘(i) IN GENERAL.—An alien shall not be nat- ‘‘(H) deeds, mortgages, or rental agreement not be removed unless the alien dem- contracts; onstrates that the alien satisfies the require- uralized— ‘‘(I) on any date on which the alien is in ‘‘(I) tax receipts; ments of section 312(a). ‘‘(J) insurance policies; ‘‘(C) APPLICATION FEE.— permanent resident status on a conditional basis; or ‘‘(K) remittance records; ‘‘(i) IN GENERAL.—The Secretary may re- ‘‘(L) rent receipts or utility bills bearing quire an alien applying for lawful permanent ‘‘(II) subject to clause (iii), before the date that is 12 years after the date on which the the alien’s name or the name of an imme- resident status under this subsection to pay diate family member of the alien, and the a reasonable fee that is commensurate with alien was granted permanent resident status on a conditional basis. alien’s address; the cost of processing the application. ‘‘(M) copies of money order receipts for ‘‘(ii) EXEMPTION.—An applicant may be ex- ‘‘(ii) ADVANCED FILING DATE.—Subject to clause (iii), with respect to an alien granted money sent in or out of the United States; empted from paying the fee required under ‘‘(N) dated bank transactions; or permanent resident status on a conditional clause (i) only if the alien— ‘‘(O) 2 or more sworn affidavits from indi- basis, the alien may file an application for ‘‘(I)(aa) is younger than 18 years of age; viduals who are not related to the alien who naturalization not more than 90 days before ‘‘(bb) received total income, during the 1- have direct knowledge of the alien’s contin- the date that is 12 years after the date on year period immediately preceding the date uous physical presence in the United States, which the alien was granted permanent resi- on which the alien files an application under that contain— dent status on a conditional basis. this section, that is less than 150 percent of ‘‘(i) the name, address, and telephone num- ‘‘(iii) REDUCTION IN PERIOD.— the poverty line; and ber of the affiant; and ‘‘(I) IN GENERAL.—Subject to subclause (II), ‘‘(cc) is in foster care or otherwise lacking ‘‘(ii) the nature and duration of the rela- the 12-year period referred to in clause (i)(II) any parental or other familial support; tionship between the affiant and the alien. and clause (ii) may be reduced by the number ‘‘(II) is younger than 18 years of age and is ‘‘(3) DOCUMENTS ESTABLISHING INITIAL of days on which the alien was a DACA re- homeless; ENTRY INTO THE UNITED STATES.—To establish ‘‘(III)(aa) cannot care for himself or herself cipient, if applicable. under subsection (b)(2)(B) that an alien was because of a serious, chronic disability; and ‘‘(II) LIMITATION.—Notwithstanding sub- younger than 18 years of age on the date on ‘‘(bb) received total income, during the 1- clause (I), the reduction in the 12-year period which the alien initially entered the United year period immediately preceding the date referred to in clause (i)(II) and clause (ii) States, an alien may submit documents to on which the alien files an application under shall be not more than 2 years. the Secretary, including— this section, that is less than 150 percent of ‘‘(3) LIMITATION ON CERTAIN PARENTS.—An ‘‘(A) an admission stamp on the alien’s the poverty line; or alien shall not be eligible to adjust status to passport; ‘‘(IV)(aa) during the 1-year period imme- that of an alien lawfully admitted for perma- ‘‘(B) records from any educational institu- diately preceding the date on which the alien nent residence based on a petition filed by a tion the alien has attended in the United files an application under this section, the child or a son or daughter of the alien if— States; alien accumulated $10,000 or more in debt as ‘‘(A) the child or son or daughter was ‘‘(C) any document from the Department of a result of unreimbursed medical expenses granted permanent resident status on a con- Justice or the Department of Homeland Se- incurred by the alien or an immediate family ditional basis; and curity stating the alien’s date of entry into member of the alien; and ‘‘(B) the alien knowingly assisted the child the United States; ‘‘(bb) received total income, during the 1- or son or daughter to enter the United States ‘‘(D) hospital or medical records showing year period immediately preceding the date unlawfully. medical treatment or hospitalization, the on which the alien files an application under ‘‘(q) DOCUMENTATION REQUIREMENTS.— name of the medical facility or physician, this section, that is less than 150 percent of ‘‘(1) DOCUMENTS ESTABLISHING IDENTITY.— and the date of the treatment or hospitaliza- the poverty line. An alien’s application for permanent resi- tion; ‘‘(D) SUBMISSION OF BIOMETRIC AND BIO- dent status on a conditional basis may in- ‘‘(E) rent receipts or utility bills bearing GRAPHIC DATA.— clude, as proof of identity— the alien’s name or the name of an imme- ‘‘(i) IN GENERAL.—The Secretary may not ‘‘(A) a passport or national identity docu- diate family member of the alien, and the remove the conditional basis of the perma- ment from the alien’s country of origin that alien’s address; nent resident status of an alien unless the includes the alien’s name and the alien’s ‘‘(F) employment records that include the alien submits biometric and biographic data, photograph or fingerprint; employer’s name and contact information; in accordance with procedures established by ‘‘(B) the alien’s birth certificate and an ‘‘(G) official records from a religious entity the Secretary. identity card that includes the alien’s name confirming the alien’s participation in a reli- ‘‘(ii) ALTERNATIVE PROCEDURE.—The Sec- and photograph; gious ceremony; retary shall provide an alternative procedure ‘‘(C) a school identification card that in- ‘‘(H) a birth certificate for a child of the for any applicant who is unable to provide cludes the alien’s name and photograph, and alien who was born in the United States; the biometric or biographic data referred to school records showing the alien’s name and ‘‘(I) automobile license receipts or reg- in clause (i) due to physical impairment. that the alien is or was enrolled at the istration; ‘‘(E) BACKGROUND CHECKS.— school; ‘‘(J) deeds, mortgages, or rental agreement ‘‘(i) REQUIREMENT FOR BACKGROUND ‘‘(D) a Uniformed Services identification contracts; CHECKS.—The Secretary shall use biometric, card issued by the Department of Defense; ‘‘(K) tax receipts; biographic, and other data that the Sec- ‘‘(E) any immigration or other document ‘‘(L) travel records; retary determines to be appropriate— issued by the United States Government ‘‘(M) copies of money order receipts sent in ‘‘(I) to conduct security and law enforce- bearing the alien’s name and photograph; or or out of the country; ment background checks of an alien apply- ‘‘(F) a State-issued identification card ‘‘(N) dated bank transactions; ing for removal of the conditional basis of bearing the alien’s name and photograph. ‘‘(O) remittance records; or

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AN INSTITUTION OF HIGHER EDUCATION.—To es- ‘‘(i) a statement that the alien is in foster ‘‘(B) AFFIRMATIVE APPLICATION.—The regu- tablish that an alien has been admitted to an care, otherwise lacks any parental or other lations published under subparagraph (A) institution of higher education, the alien familiar support, is homeless, or has a seri- shall allow any eligible individual to imme- shall submit to the Secretary a document ous, chronic disability, as appropriate; diately apply affirmatively for the relief from the institution of higher education cer- ‘‘(ii) the name, address, and telephone available under subsection (b) without being tifying that the alien— number of the affiant; and placed in removal proceedings. ‘‘(A) has been admitted to the institution; ‘‘(iii) the nature and duration of the rela- ‘‘(2) INTERIM REGULATIONS.—Notwith- or tionship between the affiant and the alien. standing section 553 of title 5, United States ‘‘(B) is currently enrolled in the institu- ‘‘(D) DOCUMENTS TO ESTABLISH UNPAID MED- Code, the regulations published pursuant to tion as a student. ICAL EXPENSE.—To establish that the alien paragraph (1)(A) shall be effective, on an in- ‘‘(5) DOCUMENTS ESTABLISHING RECEIPT OF A has debt as a result of unreimbursed medical terim basis, immediately on publication in DEGREE FROM AN INSTITUTION OF HIGHER EDU- expenses, the alien shall provide receipts or the Federal Register, but may be subject to CATION.—To establish that an alien has ac- other documentation from a medical pro- change and revision after public notice and quired a degree from an institution of higher vider that— opportunity for a period of public comment. education in the United States, the alien ‘‘(i) bear the provider’s name and address; ‘‘(3) FINAL REGULATIONS.—Not later than shall submit to the Secretary a diploma or ‘‘(ii) bear the name of the individual re- 180 days after the date on which interim reg- ulations are published under this subsection, other document from the institution stating ceiving treatment; and the Secretary shall publish final regulations that the alien has received such a degree. ‘‘(iii) document that the alien has accumu- implementing this section. ‘‘(6) DOCUMENTS ESTABLISHING RECEIPT OF lated $10,000 or more in debt in the past 12 ‘‘(4) PAPERWORK REDUCTION ACT.—The re- HIGH SCHOOL DIPLOMA, GENERAL EDUCATIONAL months as a result of unreimbursed medical quirements under chapter 35 of title 44, DEVELOPMENT CERTIFICATE, OR A RECOGNIZED expenses incurred by the alien or an imme- United States Code, (commonly known as EQUIVALENT.—To establish that an alien has diate family member of the alien. the ‘Paperwork Reduction Act’) shall not earned a high school diploma or a commen- ‘‘(9) DOCUMENTS ESTABLISHING SERVICE IN THE UNIFORMED SERVICES.—To establish that apply to any action to implement this sub- surate alternative award from a public or section. private high school, or has obtained a gen- an alien has served in the Uniformed Serv- ices for at least 2 years and, if discharged, re- ‘‘(s) CONFIDENTIALITY OF INFORMATION.— eral educational development certificate rec- ‘‘(1) IN GENERAL.—The Secretary may not ceived an honorable discharge, the alien ognized under State law or a high school disclose or use for the purpose of immigra- shall submit to the Secretary— equivalency diploma in the United States, tion enforcement any information provided ‘‘(A) a Department of Defense form DD-214; the alien shall submit to the Secretary— in— ‘‘(B) a National Guard Report of Separa- ‘‘(A) a high school diploma, certificate of ‘‘(A) an application filed under this sec- tion and Record of Service form 22; completion, or other alternate award; tion; or ‘‘(C) personnel records for such service ‘‘(B) a high school equivalency diploma or ‘‘(B) a request for deferred action status from the appropriate Uniformed Service; or certificate recognized under State law; or under DACA. ‘‘(D) health records from the appropriate ‘‘(C) evidence that the alien passed a State- ‘‘(2) REFERRALS PROHIBITED.—The Sec- Uniformed Service. authorized exam, including the general edu- retary may not refer to U.S. Immigration ‘‘(10) DOCUMENTS ESTABLISHING EMPLOY- cational development exam, in the United and Customs Enforcement, U.S. Customs and MENT.— States. Border Protection, or any designee of U.S. ‘‘(A) IN GENERAL.—An alien may satisfy the ‘‘(7) DOCUMENTS ESTABLISHING ENROLLMENT Immigration and Customs Enforcement or employment requirement under section IN AN EDUCATIONAL PROGRAM.—To establish U.S. Customs and Border Protection any in- (p)(1)(A)(iii)(III) by submitting records that an alien is enrolled in any school or dividual who— that— education program described in subsection ‘‘(A) has been granted permanent resident ‘‘(i) establish compliance with such em- (b)(2)(D)(iii), (m)(1)(C), or (p)(1)(A)(iii)(III), status on a conditional basis; or ployment requirement; and the alien shall submit school records from ‘‘(B) was granted deferred action status ‘‘(ii) have been maintained by the Social the United States school that the alien is under DACA. Security Administration, the Internal Rev- currently attending that include— ‘‘(3) LIMITED EXCEPTION.—Notwithstanding enue Service, or any other Federal, State, or ‘‘(A) the name of the school; and paragraphs (1) and (2), information provided local government agency. ‘‘(B) the alien’s name, periods of attend- in an application for permanent resident sta- ‘‘(B) OTHER DOCUMENTS.—An alien who is ance, and current grade or educational level. tus on a conditional basis or a request for de- unable to submit the records described in ‘‘(8) DOCUMENTS ESTABLISHING EXEMPTION ferred action status under DACA may be subparagraph (A) may satisfy the employ- FROM APPLICATION FEES.—To establish that shared with a Federal security or law en- ment requirement by submitting at least 2 an alien is exempt from an application fee forcement agency— types of reliable documents that provide evi- under subsection (f)(2) or (p)(1)(C)(ii), the ‘‘(A) for assistance in the consideration of dence of employment, including— alien shall submit to the Secretary the fol- an application for permanent resident status ‘‘(i) bank records; lowing relevant documents: on a conditional basis; ‘‘(ii) business records; ‘‘(A) DOCUMENTS TO ESTABLISH AGE.—To es- ‘‘(B) to identify or prevent fraudulent ‘‘(iii) employer records; tablish that an alien meets an age require- claims; ‘‘(iv) records of a labor union, day labor ment, the alien shall provide proof of iden- ‘‘(C) for national security purposes; or center, or organization that assists workers tity, as described in paragraph (1), that es- ‘‘(D) for the investigation or prosecution of in employment; tablishes that the alien is younger than 18 any felony not related to immigration sta- ‘‘(v) sworn affidavits from individuals who years of age. tus. are not related to the alien and who have di- ‘‘(B) DOCUMENTS TO ESTABLISH INCOME.—To ‘‘(4) PENALTY.—Any person who knowingly rect knowledge of the alien’s work, that con- establish the alien’s income, the alien shall uses, publishes, or permits information to be tain— provide— examined in violation of this subsection ‘‘(I) the name, address, and telephone num- ‘‘(i) employment records that have been shall be fined not more than $10,000.’’. ber of the affiant; and maintained by the Social Security Adminis- (b) CONFORMING AMENDMENT.—The table of tration, the Internal Revenue Service, or any ‘‘(II) the nature and duration of the rela- contents of the Immigration and Nationality other Federal, State, or local government tionship between the affiant and the alien; Act (8 U.S.C. 1101 note) is amended by insert- agency; and ing after the item relating to section 244 the ‘‘(ii) bank records; or ‘‘(vi) remittance records. following: ‘‘(11) AUTHORITY TO PROHIBIT USE OF CER- ‘‘(iii) at least 2 sworn affidavits from indi- ‘‘Sec. 244A. Cancellation of removal for cer- TAIN DOCUMENTS.—If the Secretary deter- viduals who are not related to the alien and tain long-term residents who mines, after publication in the Federal Reg- who have direct knowledge of the alien’s entered the United States as ister and an opportunity for public comment, work and income that contain— children.’’. ‘‘(I) the name, address, and telephone num- that any document or class of documents does not reliably establish identity or that SEC. 3. REDUCTION OF FAMILY-SPONSORED IM- ber of the affiant; and MIGRANT VISAS. permanent resident status on a conditional ‘‘(II) the nature and duration of the rela- (a) PROHIBITION AGAINST THE SPONSOR OF basis is being obtained fraudulently to an tionship between the affiant and the alien. UNMARRIED CHILDREN OLDER THAN 21 YEARS ‘‘(C) DOCUMENTS TO ESTABLISH FOSTER unacceptable degree, the Secretary may pro- OF AGE BY LAWFUL PERMANENT RESIDENTS.— CARE, LACK OF FAMILIAL SUPPORT, HOMELESS- hibit or restrict the use of such document or Section 203(a) of the Immigration and Na- NESS, OR SERIOUS, CHRONIC DISABILITY.—To class of documents. tionality Act (8 U.S.C. 1153(a)) is amended by establish that the alien was in foster care, ‘‘(r) RULEMAKING.— striking paragraph (2) and inserting the fol- lacks parental or familial support, is home- ‘‘(1) INITIAL PUBLICATION.— lowing: less, or has a serious, chronic disability, the ‘‘(A) IN GENERAL.—Not later than 90 days ‘‘(2) SPOUSES AND CHILDREN OF ALIENS LAW- alien shall provide at least 2 sworn affidavits after the date of enactment of this section, FULLY ADMITTED FOR PERMANENT RESI- from individuals who are not related to the the Secretary shall publish in the Federal DENCE.—

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‘‘(A) IN GENERAL.—Qualified immigrants (iii) by striking ‘‘unmarried son or daugh- (i) capabilities and services; who are the spouse or child of an alien law- ter as a family-sponsored immigrant under (ii) mission benefits and outcomes; fully admitted for permanent residence shall section 203(a)(1)’’ and inserting ‘‘child as an (iii) program management capabilities; and be allocated visas in a number not to exceed immediate relative under section 201(b)(2)’’; (iv) lifecycle cost estimates. the sum of— and (C) A description of the manner in which ‘‘(i) 114,200; (6) in section 214(q)(1)(B)(i), by striking specific projects under the plan will enhance ‘‘(ii) the number (if any) by which such ‘‘(a)(2)(A)’’ each place such term appears and border security goals and objectives and ad- worldwide level exceeds 226,000; and inserting ‘‘(a)(2)’’. dress the highest priority border security ‘‘(iii) the number of visas not required for (c) EFFECTIVE DATE.—The amendments needs. the class described in paragraph (1). made by this section shall take effect on the (D) An identification of the planned loca- ‘‘(B) TRANSITION PERIOD.— date on which— tions, quantities, and types of resources, ‘‘(i) IN GENERAL.—The Secretary of State (1) the Secretary of Homeland Security has such as fencing, other physical barriers, or shall not allocate a visa based on a petition adjudicated each petition that is filed under other tactical infrastructure and technology, filed by an alien lawfully admitted for per- section 203(a)(2)(B) (as in effect on the day under the plan. manent residence on behalf of an unmarried before the date of enactment of this Act) be- (E) A description of the methodology and son or daughter under subparagraph (B) (as fore January 1, 2019; and analyses used to select specific resources for in effect on the day before the date of enact- (2) the Secretary of State has allocated to deployment to particular locations under the ment of this Act) after December 31, 2018. each eligible alien a visa based on a petition plan that includes— ‘‘(ii) SAVINGS CLAUSE.—The Secretary of described in paragraph (1). (i) analyses of alternatives, including com- State shall allocate a visa to a principal or SEC. 4. BORDER SECURITY. parative costs and benefits; derivative beneficiary of an approved peti- (a) DEFINITION OF SECRETARY.—In this sec- (ii) an assessment of effects on commu- tion filed by an alien lawfully admitted for tion, the term ‘‘Secretary’’ means the Sec- nities and property owners near areas of in- permanent residence on behalf of a spouse or retary of Homeland Security. frastructure deployment; and an unmarried son or daughter under subpara- (b) APPROPRIATIONS FOR BORDER SECU- (iii) a description of other factors critical graph (B) (as in effect on the day before the RITY.—The following sum is appropriated, to the decision-making process. date of enactment of this Act) before Janu- out of any money in the Treasury not other- (F) An identification of staffing require- ary 1, 2019, in accordance with that subpara- wise appropriated, for U.S. Customs and Bor- ments under the plan, including full-time graph (as in effect on the day before the date der Protection, namely $25,000,000,000 for— equivalents, contractors, and detailed per- of enactment of this Act), if the principal or (1) the construction of physical barriers; sonnel, by activity. derivative beneficiary is otherwise eligible (2) border security technologies; (G) A description of performance metrics for the visa. (3) tactical infrastructure; for the plan for assessing and reporting on ‘‘(C) RETENTION OF PRIORITY DATE.—In the (4) marine vessels; the contributions of border security capabili- case of an alien child who is the principal or (5) aircraft; ties realized from current and future invest- derivative beneficiary of a petition filed (6) unmanned aerial systems; ments. under subparagraph (A) who turns 21 years (7) facilities; and (H) A description of the status of the ac- old before the date on which a visa becomes (8) equipment. tions of the Department of Homeland Secu- available, the alien may retain the priority (c) AVAILABILITY FOR FISCAL YEAR 2018.—Of rity to address open recommendations by the date assigned to the alien under that sub- the amount appropriated by subsection (b), Office of Inspector General and the Govern- paragraph for a petition filed under this sub- amounts shall be available for fiscal year ment Accountability Office relating to bor- section.’’. 2018 as follows: der security, including plans, schedules, and (b) CONFORMING AMENDMENTS.—The Immi- (1) For impedance and denial, $1,571,000,000. associated milestones for fully addressing gration and Nationality Act (8 U.S.C. 1101 et (2) For domain awareness, $658,000,000. such recommendations. seq.) is amended— (3) For access and mobility, $143,000,000. (I) A comprehensive plan to consult State (1) in section 101(a)(15)(V) (8 U.S.C. (4) For the retention, recruitment, and re- and local elected officials on the eminent do- 1101(a)(15)(V)), by striking ‘‘section location of officers of Border Patrol Agents, main and construction process relating to 203(a)(2)(A)’’ each place such term appears Customs Officers, and Air and Marine per- physical barriers; and inserting ‘‘section 203(a)(2)’’; sonnel, $148,000,000, including for not fewer (J) A comprehensive analysis, following (2) in section 201(f)(2) (8 U.S.C. 1151(f)(2)), than 615 officers of U.S. Customs and Border consultation with the Secretary of Interior by striking ‘‘section 203(a)(2)(A)’’ and insert- Protection. and the Administrator of the Environmental ing ‘‘section 203(a)(2)’’; (5) To hire 615 U.S. Customs and Border Protection Agency, of the environmental im- (3) in section 202— Protection Officers for deployment to ports pacts of the construction and placement of (A) in subsection (a)(8 U.S.C. 1152(a))— of entry, $75,000,000. physical barriers planned along the South- (i) in paragraph (2), by striking ‘‘(3), (4), (d) AVAILABILITY FOR FISCAL YEARS 2019 west border, including barriers in the Santa and (5)’’ and inserting ‘‘(3) and (4)’’ THROUGH 2027.— Ana National Wildlife Refuge; (ii) by striking paragraph (4); and (1) IN GENERAL.—Subject to subsection (f), (K) Certifications by the Under Secretary (iii) by redesignating paragraph (5) as para- of the amount appropriated by subsection of Homeland Security for Management, in- graph (4); and (b), the amount available for each of fiscal cluding all documents, memoranda, and a de- (B) in subsection (e), by striking ‘‘, or as years 2019 through 2027 shall be $2,500,000,000. scription of the investment review and infor- limiting the number of visas that may be (2) LIMITATION.—Amounts appropriated mation technology management oversight issued under section 203(a)(2)(A) pursuant to under subsection (b) for fiscal years 2018 and and processes supporting such certifications, subsection (a)(4)(A)’’; 2019 shall only be available for operationally that— (4) in section 203(h)— effective designs deployed as of the date of (i) the plan has been reviewed and approved (A) in paragraph (3), by striking ‘‘sub- the Consolidated Appropriations Act, 2017 in accordance with an acquisition review sections (a)(2)(A) and (d)’’ and inserting (Public Law 115–31), such as currently de- management process that complies with cap- ‘‘subsection (d)’’; and ployed steel bollard designs, that prioritize ital planning and investment control and re- (B) by striking ‘‘(a)(2)(A)’’ each place such agent safety. view requirements established by the Office term appears and inserting ‘‘(a)(2)’’; (e) REPORT ON PLAN FOR IMPROVEMENT OF of Management and Budget, including as pro- (5) in section 204— BORDER SECURITY.— vided in Circular A–11, part 7; and (A) in subsection (a)(1)(B)— (1) IN GENERAL.—Not later than 180 days (ii) all activities under the plan comply (i) in clause (ii)— after the date of the enactment of this Act, with Federal acquisition rules, requirements, (I) in subclause (I), by striking ‘‘if such a the Secretary shall submit to the Commit- guidelines, and practices. child has not been classified under clause tees on Appropriations of the Senate and the (f) LIMITATION ON AVAILABILITY FOR FISCAL (iii) of section 203(a)(2)(A) and’’; and House of Representatives and the Commit- YEARS 2019 THROUGH 2027.— (II) in subclause (II)(cc), by striking ‘‘sec- tees of jurisdiction of the Senate and the (1) LIMITATION.—The amount specified in tion 203(a)(2)(A)’’ and inserting ‘‘section House of Representatives a risk-based plan subsection (d) for each of fiscal years 2019 203(a)(2)’’; and for improving security along the borders of through 2027 shall not be available for such (ii) in clause (iii), by striking ‘‘section the United States, including the use of per- fiscal year unless— 203(a)(2)(A)’’ and inserting ‘‘section sonnel, fencing, other forms of tactical infra- (A) the Secretary submits to Congress, not 203(a)(2)’’; and structure, and technology. later than 60 days before the beginning of (B) in subsection (k)(1)— (2) ELEMENTS.—The report required by this such fiscal year, a report setting forth— (i) by striking ‘‘alien unmarried son or subsection shall include the following: (i) a description of every planned expendi- daughter’s classification as a family-spon- (A) A statement of goals, objectives, ac- ture in such fiscal year under the plan re- sored immigrant under section 203(a)(2)(B)’’ tivities, and milestones for the plan. quired by subsection (e) in an amount in ex- and inserting ‘‘alien child’s classification as (B) A detailed implementation schedule for cess of $50,000,000; a family-sponsored immigrant under section the plan with estimates for the planned obli- (ii) a description of the total number of 203(a)(2)’’; gation of funds for fiscal years 2019 through miles of security fencing or barriers that will (ii) by striking ‘‘son or daughter’’ and in- 2027 that are linked to the milestone-based be constructed in such fiscal year under the serting ‘‘child’’; and delivery of specific— plan;

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(iii) a statement of the number of new U.S. (ii) POINT OF ORDER SUSTAINED.—If a point (DD) burglary; Customs and Border Protection Officers to of order is made by a Senator against a pro- (EE) unlawful possession or use of a fire- be hired in such fiscal year under the plan vision described in clause (i), and the point arm; and the intended location of deployment; of order is sustained by the Chair, that pro- (FF) drug distribution or trafficking; or (iv) a description of the new roads to be in- vision shall be stricken from the measure (GG) driving under the influence, if the ap- stalled in such fiscal year under the plan; and may not be offered as an amendment plicable State law requires, as elements of (v) a description of the land to be acquired from the floor. the offense, the operation of a motor vehicle in such fiscal year under the plan, includ- (B) FORM OF THE POINT OF ORDER.—A point and a finding of impairment or a blood alco- ing— of order under subparagraph (A) may be hol content equal to or greater than .08; or (I) all necessary land acquisitions; raised by a Senator as provided in section (bb) that resulted in a sentence of time in (II) the total number of necessary con- 313(e) of the Congressional Budget Act of 1974 custody of more than 90 days. demnation actions; and (2 U.S.C. 644(e)). (ii) EXCLUSION.—The term ‘‘significant (III) the precise number of landowners that (C) CONFERENCE REPORTS.—When the Sen- misdemeanor’’ does not include a State or will be affected by the construction of such ate is considering a conference report on, or local offense for which an essential element physical barriers; an amendment between the Houses in rela- is the immigration status of an alien. (vi) a description of the amount and types tion to, a bill or joint resolution, upon a (2) PRIORITIES.—In carrying out immigra- of technology to be acquired for each of the point of order being made by any Senator tion enforcement activities, the Secretary northern border and the southern border in pursuant to subparagraph (A), and such point shall prioritize available immigration en- such fiscal year under the plan; and of order being sustained, such material con- forcement resources to aliens who— (vii) a statement of the percentage of each tained in such conference report or House (A) have been convicted of— of the northern border and the southern bor- amendment shall be stricken, and the Senate (i) a felony; der for which the Department of Homeland shall proceed to consider the question of (ii) a significant misdemeanor; or Security will obtain full situational aware- whether the Senate shall recede from its (iii) 3 or more misdemeanor offenses; ness in such fiscal year under the plan; and amendment and concur with a further (B) pose a threat to national security or (B) not later than October 1 of such fiscal amendment, or concur in the House amend- public safety; or year, the Secretary certifies to Congress ment with a further amendment, as the case (C)(i) are unlawfully present in the United that the Department of Homeland achieved may be, which further amendment shall con- States; and not less than 75 percent of the goals of the sist of only that portion of the conference re- (ii) arrived in the United States after June Department under the plan (other than for port or House amendment, as the case may 30, 2018; or be, not so stricken. Any such motion in the land acquisition) for the prior fiscal year. SEC. 5. OFFICE OF PROFESSIONAL RESPONSI- Senate shall be debatable. In any case in (2) AVAILABILITY WITHOUT CERTIFICATION.— BILITY. which such point of order is sustained If the Secretary is unable to make the cer- Not later than September 30, 2021, the against a conference report (or Senate tification described in paragraph (1)(B) with Commissioner of U.S. Customs and Border amendment derived from such conference re- respect to a fiscal year as of October 1 of the Protection shall hire, train, and assign suffi- port by operation of this subsection), no fur- succeeding fiscal year, the amount specified cient special agents at the Office of Profes- ther amendment shall be in order. in subsection (d) for such succeeding fiscal sional Responsibility. (D) SUPERMAJORITY WAIVER AND APPEAL.— year shall not be available except pursuant In the Senate, this paragraph may be waived to an Act of Congress specifically making or suspended only by an affirmative vote of SA 2011. Mr. HEINRICH (for himself such amount available for such succeeding three-fifths of the Members, duly chosen and and Mr. UDALL) submitted an amend- fiscal year that is enacted into law in such sworn. An affirmative vote of three-fifths of ment intended to be proposed by him succeeding fiscal year. Members of the Senate, duly chosen and to the bill H.R. 2579, to amend the In- (g) AVAILABILITY.—If amounts described in sworn shall be required to sustain an appeal ternal Revenue Code of 1986 to allow subsection (d) are available for a fiscal year, of the ruling of the Chair on a point of order such amounts shall remain available for 5 the premium tax credit with respect to raised under this paragraph. unsubsidized COBRA continuation cov- years. (l) ENFORCEMENT PRIORITIES.— (h) LIMITATION.—Notwithstanding any (1) DEFINITIONS.—In this subsection: erage; which was ordered to lie on the other provision of law, none of the amounts (A) FELONY.— table; as follows: appropriated under this section may be re- (i) IN GENERAL.—The term ‘‘felony’’ means At the appropriate place, insert the fol- programmed for or transferred to any other a Federal, State, or local criminal offense lowing: component of the Department of Homeland punishable by imprisonment for a term that SEC. ll. BORDER SECURITY ENHANCEMENTS IN Security. exceeds 1 year. MOUNTAINOUS, HIGH DESERT, AND (i) BUDGET REQUEST.—An expenditure plan (ii) EXCLUSION.—The term ‘‘felony’’ does BACKCOUNTRY TERRAIN. for amounts made available pursuant to sub- not include a State or local criminal offense (a) IN GENERAL.—The Commissioner of U.S. section (b)— for which an essential element is the immi- Customs and Border Protection shall— (1) shall be included in each budget for a gration status of an alien. (1) acquire and deploy such additional fiscal year submitted by the President under (B) MISDEMEANOR.— horses and off-road vehicles, including all- section 1105 of title 31, United States Code; (i) IN GENERAL.—The term ‘‘misdemeanor’’ terrain vehicles, as may be necessary to pro- and means a Federal, State, or local criminal of- vide for enhanced security in mountainous, (2) shall describe planned obligations by fense for which— high desert, and backcountry areas near the program, project, and activity in the receiv- (I) the maximum term of imprisonment international border between the United ing account at the same level of detail pro- is— States and Mexico; vided for in the request for other appropria- (aa) greater than 5 days; and (2) increase the use of advanced detection tions in that account. (bb) not greater than 1 year; and and surveillance technology in the areas de- (j) BUDGETARY EFFECTS.— (II) the individual was sentenced to time in scribed in paragraph (1); (1) IN GENERAL.—The budgetary effects of custody of 90 days or less. (3) acquire fixed and mobile technology as- this section shall not be entered on either (ii) EXCLUSION.—The term ‘‘misdemeanor’’ sets, including night vision goggles; PAYGO scorecard maintained pursuant to does not include a State or local offense for (4) increase and improve interoperable section 4(d) of the Statutory Pay-As-You-Go which an essential element is— communications that are LTE-capable; Act of 2010. (I) the immigration status of the alien; (5) increase mountain patrols to gain and (2) SENATE PAYGO SCORECARDS.—The budg- (II) a significant misdemeanor; or enhance domain awareness; etary effects of this section shall not be en- (III) a minor traffic offense. (6) increase and upgrade facilities to the tered on any PAYGO scorecard maintained (C) SIGNIFICANT MISDEMEANOR.— extent necessary to accommodate personnel for purposes of section 4106 of H.Con.Res. 71 (i) IN GENERAL.—The term ‘‘significant and asset needs; (115th Congress). misdemeanor’’ means a Federal, State, or (7) perform any maintenance and care that (k) POINT OF ORDER.— local criminal offense— may be necessary to preserve the operational (1) DEFINITION.—In this subsection, the (I) for which the maximum term of impris- capability of all mountainous, high desert, term ‘‘covered appropriation amount’’ means onment is— and backcountry assets; and the amount appropriated for border security (aa) more than 5 days; and (8) hire and deploy additional personnel, as for a fiscal year under subsection (b). (bb) not more than 1 year; and necessary— (2) POINT OF ORDER IN THE SENATE.— (II)(aa) that, regardless of the sentence im- (A) to enhance border security in moun- (A) POINT OF ORDER.— posed, is— tainous, high desert, and backcountry areas (i) IN GENERAL.—In the Senate, it shall not (AA) a crime of domestic violence (as de- near the international border between the be in order to consider a provision in a bill, fined in section 237(a)(2)(E)(i)) of the Immi- United States and Mexico; and joint resolution, motion, amendment, gration and Nationality Act (8 U.S.C. (B) to successfully carry out the related amendment between the Houses, or con- 1227(a)(2)(E)(i)); or duties of U.S. Customs and Border Protec- ference report that would reduce the covered (BB) an offense of— tion set forth in section 211 of the Homeland appropriation amount for a fiscal year. (CC) sexual abuse or exploitation; Security Act of 2002 (5 U.S.C. 411).

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(b) REQUIREMENTS.—In carrying out sub- that is established by this Act or an amend- giene products, toothpaste, toothbrushes and section (a), the Commissioner shall— ment made by this Act. towels, and showers for those held for 24 (1) consult with agents in the field; (3) The Development, Relief and Education hours or longer; (2) prioritize the deployment of such tech- for Alien Minors Act or any similar program (D) adequate climate control and provision nology based on the needs of remote stations to provide a path to citizenship that is estab- of adequate clothing; in mountainous, high desert, and lished by this Act or an amendment made by (E) reasonable sleeping arrangements for backcountry areas near the international this Act. all detainees held for longer than 12 hours, border between the United States and Mex- (c) REFERRALS PROHIBITED.—The Secretary including access to beds and adequate bed- ico. may not refer any individual whose case has ding; (c) REPORT.—Not later than 1 year after been deferred pursuant to ta program speci- (F) access to telephones; the date of the enactment of this Act, the fied in subsection (b) to U.S. Immigration (G) access to lawyers, consular officials, Commissioner shall submit a report to the and Customs Enforcement, U.S. Customs and family members, and nongovernmental orga- appropriate congressional committees that Border Protection, the Department of Jus- nizations; describes the implementation of subsection tice, or any other law enforcement agency. (H) language-appropriate forms and mate- (a), including— (d) LIMITED EXCEPTION.—Individual appli- rials that include information regarding (1) the assets deployed in mountainous, cation information may be shared with na- legal rights, including contact information high desert, and backcountry areas near the tional security and law enforcement agen- for the United Nations Refugee Agency and international border between the United cies— the National Trafficking Hotline, as well as States and Mexico; and (1) to identify or prevent fraudulent the consequences of signing such forms, in a (2) the expenditures incurred to acquire claims; language the detainee is known to under- and deploy such assets. (2) for particularized national security pur- stand; (d) AGENT MOBILITY DEMONSTRATION PRO- poses relating to an individual application; (I) protocols for communicating the infor- GRAM.— or mation on those forms and materials orally (1) IN GENERAL.—The Secretary of Home- (3) for the investigation or prosecution of to detainees in a language they are known to land Security shall establish a 5-year pilot any felony not related to immigration sta- understand; program in the El Paso Sector, to be known tus. (J) appropriate care for pregnant women as the ‘‘Agent Mobility Program’’, under and individuals with medical needs, includ- which agents assigned within the El Paso SA 2013. Mr. HEINRICH (for himself ing a prohibition on shackling or restraint of Sector may laterally transfer to a des- and Mr. UDALL) submitted an amend- pregnant women absent truly extraordinary ignated, hard-to-fill station within the El ment intended to be proposed by him circumstances (and never during active labor Paso sector for a period of at least 3 years. to the bill H.R. 2579, to amend the In- or delivery); (2) COMPLETION OF SERVICE.—Any agent ternal Revenue Code of 1986 to allow (K) appropriate medical screening and care who completes 3 years of service at a hard- the premium tax credit with respect to for all detainees, overseen by a trained med- to-fill station to which he or she transferred ical professional, including access to emer- unsubsidized COBRA continuation cov- gency medical care and prescribed medica- under the program established under para- erage; which was ordered to lie on the graph (1)— tions whenever medically appropriate; (A) shall be presented to the selecting offi- table; as follows: (L) reasonable accommodations in accord- cer as a preferred agent; and At the appropriate place, insert the fol- ance with the Americans with Disabilities (B) shall be eligible to transfer to 1 of 3 lowing: Act of 1990 (42 U.S.C. 12101 et seq.); border patrol stations in the El Paso Sector SEC. ll. STANDARDS FOR SHORT-TERM CUS- (M) reasonable access to facilities and visi- of their choice that has an opening at the TODY BY U.S. CUSTOMS AND BOR- tation policies for nongovernmental organi- time of such transfer. DER PROTECTION. zations; (e) AUTHORIZATION OF APPROPRIATIONS.—In (a) REPORT.— (N) a transparent, independent, and respon- addition to amounts otherwise authorized to (1) IN GENERAL.—Not later than 180 days sive grievance system widely publicized be appropriated, there is authorized to be ap- after the date of the enactment of this Act, within facilities in multiple languages, in- propriated, to U.S. Customs and Border Pro- the Secretary of Homeland Security shall cluding access to the Office for Civil Rights tection, such sums as may be necessary to submit to Congress a report on the status of and Civil Liberties’ toll-free number and the carry out this section. the Transport, Escort, Detention and Search complaints number described in the above (TEDS) policy for short-term custody of indi- section; SA 2012. Mr. HEINRICH (for himself, viduals by U.S. Customs and Border Protec- (O) protocols for identifying asylum-seek- Mr. UDALL, and Mr. CARPER) submitted tion. ers who require credible fear screenings and an amendment intended to be proposed (2) ELEMENTS.—The report required under for video recording of those screenings; paragraph (1) shall include the following ele- (P) safely transferring detainees to facili- by him to the bill H.R. 2579, to amend ments. ties of U.S. Immigration and Customs En- the Internal Revenue Code of 1986 to (A) An assessment of whether Border Pa- forcement with attention paid to ensuring allow the premium tax credit with re- trol and the Office of Field Operations have regular meals, medication doses, and rest for spect to unsubsidized COBRA continu- adopted and are implementing more de- detainees; ation coverage; which was ordered to tailed, component-specific standards to sup- (Q) returning all money and nonperishable lie on the table; as follows: plement the TEDS policy in accordance with personal property (other than prohibited At the appropriate place, insert the fol- subsection (b) and the status of implementa- contraband) to former detainees prior to lowing: tion of the TEDS policy among the various transfer, repatriation, or release, in coordi- SEC. lll. CONFIDENTIALITY OF INFORMATION components of U.S. Customs and Border Pro- nation with other State and Federal agencies SUBMITTED FOR THE DEFERRED AC- tection. as necessary; TION FOR CHILDHOOD ARRIVALS (B) A description of the frequency and find- (R) compliance with the Prison Rape PROGRAM AND SIMILAR PROGRAMS. ings of U.S. Customs and Border Protection Elimination Act of 2003 (34 U.S.C. 30301 et (a) DEFINITIONS.—In this section: audits and investigations into compliance seq.), including by requiring regular inde- (1) DACA PROGRAM.—The term ‘‘DACA Pro- with the TEDS policy and supplemental poli- pendent PREA audits, ensuring that all de- gram’’ means the Deferred Action for Child- cies. tainees are able to make prompt, confiden- hood Arrivals Program announced on June (b) STANDARDS OF CARE.— tial sexual abuse complaints to a staffed 15, 2012. (1) IN GENERAL.—The TEDS policy and ad- telephone hotline in multiple languages, and (2) INDIVIDUAL APPLICATION INFORMATION.— ditional standards created by Border Patrol requiring formal, comprehensive PREA com- The term ‘‘individual application informa- and the Office of Field Operations must en- pliance training of all U.S. Customs and Bor- tion’’ means any information, including per- sure basic minimum levels of care at all fa- der Protection staff with detention-related sonally identifiable information, submitted cilities of U.S. Customs and Border Protec- responsibilities; and to the Secretary after June 15, 2012, as part tion that hold individuals in custody, includ- (S) compliance with the Victims of Child of a request for consideration or reconsider- ing Border Patrol stations, ports of entry, Abuse Act (42 U.S.C. 1303) and implementing ation for the DACA program. checkpoints, forward operating bases, sec- regulations, to ensure that officials are (3) SECRETARY.—The term ‘‘Secretary’’ ondary inspection areas, and short-term cus- aware of their obligations to report all alle- means the Secretary of Homeland Security. tody facilities. Such care shall include gations of child abuse and of the criminal (b) CONFIDENTIALITY OF INFORMATION.—The standards with respect to— penalties for failure to do so in accordance Secretary shall protect individual applica- (A) limits on detention space capacity by with section 2258 of title 18, United States tion information from disclosure to U.S. Im- facility and also by holding room or indi- Code. migration and Customs Enforcement or U.S. vidual cell; (c) MONITORING AND OVERSIGHT.— Customs and Border Protection for any pur- (B) the availability of potable water and (1) INTERIM OVERSIGHT.—Until the TEDS pose other than implementing the following: nutritionally and culturally appropriate policy and supplemental policies have been (1) The DACA Program. food; implemented and are being adhered to in ac- (2) Any program similar to the DACA pro- (C) access to bathroom facilities and hy- cordance with subsection (b), the Secretary gram to provide deferred action for aliens giene items, including soap, feminine hy- of Homeland Security shall direct oversight

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of the U.S. Customs and Border Protection (1) in the case of private land— (b) PROHIBITION ON USE OF FEDERAL FUNDS facilities that provide short-term custody to (A) all persons or entities entitled to com- FOR THE REPLACEMENT OF VEHICLE BARRIERS ensure that humane standards of care ad- pensation for the acquisition have received WITH A BORDER WALL OR PEDESTRIAN dressing all of the requirements set forth in the entire full fair market value amount of FENCE.—Notwithstanding any other provi- such subsection are made publicly available compensation due on the date of acquisition sion of law, no funds authorized to be appro- and are being implemented throughout the of the private land; and priated or appropriated under this Act may agency. (B) all relevant court proceedings de- be used to design or construct any levee (2) ACCESS FOR LOP PROVIDERS AND COUN- scribed in section 3114(a) of title 40, United wall, steel bollard fence, or other wall in- SEL.—Not later than 90 days after the date of States Code, have been— tended to replace existing vehicle barriers the enactment of this Act, the Secretary of (i) completed; and along the international border between the Homeland Security shall direct U.S. Customs (ii) terminated by the court; United States and Mexico. and Border Protection to allow Legal Ori- (2) in the case of State land (including entation Program (LOP) providers and coun- State land in the vicinity of a unit of the Na- SA 2017. Mr. FLAKE (for himself and sel access to migrants held in U.S. Customs tional Wildlife Refuge System, a unit of the Mr. GRAHAM) submitted an amendment and Border Protection short-term custody National Park System, or Tribal land or in intended to be proposed by him to the facilities. the vicinity of a historic district or a State bill H.R. 2579, to amend the Internal (3) SITE VISITS.—The Department of Home- park)— Revenue Code of 1986 to allow the pre- land Security Office of the Inspector General (A) the requirements of subparagraphs (A) mium tax credit with respect to unsub- shall conduct site visits to all short-term de- and (B) of paragraph (1) have been met; and sidized COBRA continuation coverage; tention facilities at least every six months (B) all relevant stakeholders (including which was ordered to lie on the table; and issue annual inspection reports assessing Tribes) have been consulted and have ap- as follows: each facility’s compliance with the require- proved the acquisition; and Strike sections 4002 and 4003 and insert the ments set forth in subsection (b), along with (3) in the case of Tribal land— following: recommendations for improvement as need- (A) the requirements of subparagraphs (A) ed, and promptly make those reports pub- and (B) of paragraph (1) have been met; and SEC. 4002. SPONSORSHIP BY CITIZENS OF SPOUSES AND CHILDREN ONLY. licly available. (B) all relevant Tribal stakeholders have (a) IN GENERAL.—Section 203(a) of the Im- been consulted and have approved the acqui- SA 2014. Mr. HEINRICH (for himself migration and Nationality Act (8 U.S.C. sition. 1153(a)) is amended— and Mr. UDALL) submitted an amend- SEC. lll. CONSULTATION REQUIRED PRIOR TO (1) by striking paragraph (1) and inserting ment intended to be proposed by him ACQUISITION OF LAND FOR CON- the following new paragraph (1): STRUCTION OF BORDER INFRA- to the bill H.R. 2579, to amend the In- ‘‘(1) SPOUSES AND CHILDREN OF CITIZENS.— ternal Revenue Code of 1986 to allow STRUCTURE. (a) IN GENERAL.—Before implementing any Qualified immigrants who are the spouse or the premium tax credit with respect to plan to acquire private land, State land, or child of a citizen of the United States shall unsubsidized COBRA continuation cov- Tribal land on which the Secretary of Home- be allocated visas in a number not to ex- erage; which was ordered to lie on the land Security (referred to in this section as ceed— table; as follows: the ‘‘Secretary’’) intends to build or con- ‘‘(A) the worldwide level specified in sec- tion 201(c); minus At the appropriate place, insert the fol- struct a temporary or permanent structure ‘‘(B) 114,200.’’; and lowing: related to efforts to secure or protect the border between the United States and Mex- (2) by striking paragraphs (3) and (4). SEC. lll. PROHIBITION ON CONSTRUCTION OF (b) CONFORMING AMENDMENTS.—The Immi- ico, the Secretary shall conduct significant CERTAIN ELEMENTS OF THE PHYS- gration and Nationality Act (8 U.S.C. 1101 et ICAL BARRIER ALONG THE SOUTH- consultation with— seq.) is amended— ERN BORDER OF THE UNITED (1) any owners of the land proposed to be STATES IN NATIONAL WILDLIFE (1) in section 201(f) (8 U.S.C. 1151(f))— acquired; and (A) by striking paragraph (3); REFUGES, WILDERNESS AREAS, AND (2) any individuals or communities that RELATED AREAS. (B) by redesignating paragraph (4) as para- Notwithstanding any other provision of could be impacted by the construction of the graph (3); and law, no Federal funds may be used to design structure, as determined by the Secretary. (C) in paragraph (3), as so redesignated, by (b) FINAL PLANS; TRANSPARENCY.—Before or construct any levee wall, steel bollard striking ‘‘through (3)’’ and inserting ‘‘and beginning construction of a temporary or fence, or other wall within the following: (2)’’; (1) A unit of the national wildlife refuge permanent structure described in subsection (2) in section 202 (8 U.S.C. 1152)— system. (a), the Secretary shall— (A) in subsection (a)(4), by striking sub- (2) A unit of the national wilderness pres- (1) give significant weight to the opinions paragraph (D); and ervation system. and information presented to the Secretary (B) in subsection (e)(2), by striking (3) A wildlife corridor, as determined by during the consultation process conducted ‘‘through (4)’’ and inserting ‘‘and (2)’’; the Secretary of the Interior acting through under that subsection; and (3) in section 204 (8 U.S.C. 1154)— the Director of the U.S. Fish and Wildlife (2) publish in the Federal Register informa- (A) in subsection (a)(1)— Service. tion describing ways in which the final plan (i) in subparagraph (A)(i), by striking of the Secretary for acquiring the land or ‘‘paragraph (1), (3), or (4) of section 203(a)’’ SA 2015. Mr. HEINRICH (for himself, constructing the structure was modified as a and inserting ‘‘section 203(a)(1)’’; and Ms. HEITKAMP, and Mr. UDALL) sub- result of the consultation process conducted (ii) in subparagraph (D)(i)(I), by striking mitted an amendment intended to be under that subsection. ‘‘paragraph (1), (2), or (3)’’ and inserting proposed by him to the bill H.R. 2579, ‘‘paragraph (1) or (2)’’; and SA 2016. Mr. HEINRICH (for himself (B) in subsection (f)(1), by striking to amend the Internal Revenue Code of and Mr. UDALL) submitted an amend- 1986 to allow the premium tax credit ‘‘203(a)(1), or 203(a)(3)’’ and inserting ‘‘or ment intended to be proposed by him 203(a)(1)’’; and with respect to unsubsidized COBRA to the bill H.R. 2579, to amend the In- (4) in section 212(d)(11) (8 U.S.C. 1182(d)(11)), continuation coverage; which was or- ternal Revenue Code of 1986 to allow by striking ‘‘(other than paragraph (4) there- dered to lie on the table; as follows: the premium tax credit with respect to of)’’. At the appropriate place, insert the fol- unsubsidized COBRA continuation cov- SEC. 4003. SPONSORSHIP BY LAWFUL PERMA- NENT RESIDENTS OF SPOUSES AND lowing: erage; which was ordered to lie on the SEC. lll. RECEIPT OF COMPENSATION RE- CHILDREN ONLY. QUIRED FOR USE OF EMINENT DO- table; as follows: (a) IN GENERAL.—Section 203(a)(2) of the MAIN FOR CONSTRUCTION OF BOR- At the appropriate place, insert the fol- Immigration and Nationality Act (8 U.S.C. DER INFRASTRUCTURE. lowing: 1153(a)(2)) is amended to read as follows: Notwithstanding section 3114 of title 40, SEC. ll. RESTRICTIONS ON THE REPLACEMENT ‘‘(2) SPOUSES AND CHILDREN OF PERMANENT United States Code, or section 102 of the Ille- OF VEHICLE BARRIERS WITH A BOR- RESIDENT ALIENS.—Qualified immigrants who gal Immigration Reform and Immigrant Re- DER WALL ALONG THE SOUTHERN are the spouse or child of an alien lawfully sponsibility Act of 1996 (8 U.S.C. 1103 note; BORDER. admitted for permanent residence shall be Public Law 104–208) the Federal Government (a) WAIVER OF LAWS RELATING TO THE RE- allocated visas in a number not to exceed the shall not take physical possession of any PLACEMENT OF VEHICLE BARRIERS WITH A sum of— land acquired, or proposed to be acquired, BORDER WALL.—The waiver authority under ‘‘(A) 114,200; pursuant to those sections for the construc- section 102(c) of the Illegal Immigration Re- ‘‘(B) the number (if any) by which such tion of any infrastructure (including a pedes- form and Immigrant Responsibility Act of worldwide level exceeds 226,000; and trian fence, vehicle barrier, levee, gate, wall, 1996 (8 U.S.C. 1103 note) shall not apply to re- ‘‘(C) the number of visas not required for fence, road, or port of entry) at the inter- placing existing vehicle barriers with a pri- the class described in paragraph (1).’’. national border between the United States mary wall or fence along the international (b) CONFORMING AMENDMENTS.—The Immi- and Mexico until the date on which the ap- border between the United States and Mex- gration and Nationality Act (8 U.S.C. 1101 et plicable court determines that— ico. seq.) is amended—

VerDate Sep 11 2014 05:05 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00198 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.042 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S1127 (1) in section 101(a)(15)(V) (8 U.S.C. ‘‘(B) is not eligible for any Federal, State, (B) the number equal to 34 percent of the 1101(a)(15)(V)), by striking ‘‘section or local public benefit. remaining visas shall be available for aliens 203(a)(2)(A)’’ each place it appears and insert- ‘‘(3) Regardless of the resources of a non- who are members of the professions holding ing ‘‘section 203(a)(2)’’; immigrant described in section 101(a)(15)(W), advanced degrees or aliens of exceptional (2) in section 201(f)(2) (8 U.S.C. 1151(f)(2)), the United States citizen son or daughter ability under section 203(b)(2) of such Act; by striking ‘‘section 203(a)(2)(A)’’ and insert- who sponsored the nonimmigrant parent and ing ‘‘section 203(a)(2)’’; shall be responsible for the nonimmigrant’s (C) the number equal to 33 percent of the (3) in section 202 (8 U.S.C. 1152)— support while the nonimmigrant resides in remaining visas shall be available for aliens (A) in subsection (a)— the United States. who skilled workers, professionals, or other (i) in paragraph (2), by striking ‘‘(3), (4), ‘‘(4) An alien is ineligible to receive a visa workers under section 203(b)(3) of such Act. and (5)’’ and inserting ‘‘(3) and (4)’’ or to be admitted into the United States as (c) TRANSITION RULES FOR EMPLOYMENT- (ii) by striking paragraph (4); and a nonimmigrant described in section BASED IMMIGRANTS.— (iii) by redesignating paragraph (5) as para- 101(a)(15)(W) unless the alien provides satis- factory proof that the United States citizen (1) IN GENERAL.—Subject to paragraphs (2) graph (4); and through (4), and notwithstanding title II of (B) in subsection (e), by striking ‘‘, or as son or daughter has arranged for health in- surance coverage for the alien, at no cost to the Immigration and Nationality Act (8 limiting the number of visas that may be U.S.C. 1151 et seq.), the following rules shall issued under section 203(a)(2)(A) pursuant to the alien, during the anticipated period of the alien’s residence in the United States.’’. apply: subsection (a)(4)(A)’’; (A) For fiscal year 2018, 15 percent of the (4) in section 203(h) (8 U.S.C. 1153(h))— SEC. 4005. EFFECTIVE DATE. (a) IN GENERAL.—The amendments made by immigrant visas made available under each (A) in paragraph (3), by striking ‘‘sub- of paragraphs (2) and (3) of section 203(b) of sections (a)(2)(A) and (d)’’ and inserting sections 4002 through 4005 shall take effect on the date that is 1 year after the date of such Act (8 U.S.C. 1153(b)) shall be allotted to ‘‘subsection (d)’’; and immigrants who are natives of a foreign (B) by striking ‘‘(a)(2)(A)’’ each place it ap- the enactment of this Act. (b) GRANDFATHERED PETITIONS.—Notwith- state or dependent area that was not one of pears and inserting ‘‘(a)(2)’’; standing the termination by this title of the the two states with the largest aggregate (5) in section 204 (8 U.S.C. 1154)— family-sponsored immigrant visa categories numbers of natives obtaining immigrant (A) in subsection (a)(1)(B)— under section 203(a) of the Immigration and visas during fiscal year 2011 under such para- (i) in clause (ii)— Nationality Act (8 U.S.C. 1153(a)) (as of the graphs. (I) in subclause (I), by striking ‘‘if such a date before the date of enactment of this (B) For fiscal year 2019, 10 percent of the child has not been classified under clause Act), the amendments made by this section immigrant visas made available under each (iii) of section 203(a)(2)(A) and’’; and shall not apply, and visas shall remain avail- of such paragraphs shall be allotted to immi- (II) in subclause (II)(cc), by striking ‘‘sec- able to, any alien who has— grants who are natives of a foreign state or tion 203(a)(2)(A)’’ and inserting ‘‘section (1) an approved family-based petition that dependent area that was not one of the two 203(a)(2)’’; and has not been terminated or revoked, or states with the largest aggregate numbers of (ii) in clause (iii), by striking ‘‘section (2) a properly-filed family-based petition natives obtaining immigrant visas during 203(a)(2)(A)’’ and inserting ‘‘section that is— fiscal year 2012 under such paragraphs. 203(a)(2)’’; and (A) pending with U.S. Citizenship and Im- (C) For fiscal year 2020, 10 percent of the (B) in subsection (k)(1)— migration Services; and immigrant visas made available under each (i) by striking ‘‘alien unmarried son or (B) based on subsection (a) of section 203 of of such paragraphs shall be allotted to immi- daughter’s classification as a family- spon- the Immigration and Nationality Act (8 grants who are natives of a foreign state or sored immigrant under section 203(a)(2)(B)’’ U.S.C. 1153(a)) (as in effect on the day before dependent area that was not one of the two and inserting ‘‘alien child’s classification as the date of enactment of this Act). states with the largest aggregate numbers of a family-sponsored immigrant under section (c) AVAILABILITY OF VISAS FOR GRAND- natives obtaining immigrant visas during 203(a)(2)’’; FATHERED PETITIONS.—The Secretary shall fiscal year 2015 under such paragraphs. (ii) by striking ‘‘son or daughter’’ and in- continue to allocate a sufficient number of (2) PER-COUNTRY LEVELS.— serting ‘‘child’’; and visas in family-sponsored immigrant visa (A) RESERVED VISAS.—The number of visas (iii) by striking ‘‘unmarried son or daugh- categories until the date on which a visa has reserved under each of subparagraphs (A) ter as a family-sponsored immigrant under been made available, in conformance with through (C) of paragraph (1) made available section 203(a)(1)’’ and inserting ‘‘child as an the numeric and per country limitations in to natives of any single foreign state or de- immediate relative under section 201(b)(2)’’; effect on the day before the date of enact- pendent area in the appropriate fiscal year and ment of this Act, to each beneficiary of an may not exceed 25 percent (in the case of a (6) in section 214(q)(1)(B)(i) (8 U.S.C. approved petition described in paragraph (1) single foreign state) or 2 percent (in the case 1184(q)(1)(B)(i)), by striking ‘‘(a)(2)(A)’’ each or (2) of subsection (b), if the beneficiary— of a dependent area) of the total number of place it appears and inserting ‘‘(a)(2)’’. (1) indicates an intent to pursue the immi- such visas. SEC. 4004. CREATION OF NONIMMIGRANT CLASSI- grant visa not later than 180 days after the (B) UNRESERVED VISAS.—Not more than 85 FICATION FOR ALIEN PARENTS OF date on which the Secretary of State notifies percent of the immigrant visas made avail- ADULT UNITED STATES CITIZENS. the beneficiary of the availability of the able under each of paragraphs (2) and (3) of (a) IN GENERAL.—Section 101(a)(15) of the visa; and section 203(b) of the Immigration and Na- Immigration and Nationality Act (8 U.S.C. (2) is otherwise qualified to receive a visa tionality Act (8 U.S.C. 1153(b)) and not re- 1101(a)(15)) is amended— under this Act. served under paragraph (1), for each of the (1) in subparagraph (T)(ii)(III), by striking SEC. 4006. VISA REALLOCATION. fiscal years 2018, 2019, and 2020, may be allot- the period at the end and inserting a semi- (a) APPLICATION OF AMENDMENTS.—The ted to immigrants who are natives of any colon; amendments made by sections 4002 through single foreign state. (2) in subparagraph (U)(iii), by striking 4004 shall apply only with respect to visas (3) SPECIAL RULE TO PREVENT UNUSED ‘‘or’’ at the end; issued under section 203 of the Immigration VISAS.—If, with respect to fiscal year 2018, (3) in subparagraph (V)(ii)(II), by striking and Nationality Act (8 U.S.C. 1153) on or 2019, or 2020, the application of paragraphs (1) the period at the end and inserting ‘‘; or’’; after the effective date specified in section and (2) would prevent the total number of and 4006. immigrant visas made available under para- (4) by adding at the end the following: (b) VISA REALLOCATION.—Of the number of graph (2) or (3) of section 203(b) of the Immi- ‘‘(W) Subject to section 214(s), an alien who visas available under section 203 of such Act gration and Nationality Act (8 U.S.C. 1153(b)) is a parent of a citizen of the United States, after the effective date that would otherwise from being issued, such visas may be issued if the citizen is at least 21 years of age.’’. have been available under section 203(a) of during the remainder of such fiscal year (b) CONDITIONS ON ADMISSION.—Section 214 such Act, as in effect before such effective without regard to paragraphs (1) and (2). of the Immigration and Nationality Act (8 date, such visas shall be reallocated after (4) RULES FOR CHARGEABILITY.—Section U.S.C. 1184) is amended by adding at the end such effective date— 202(b) of such Act (8 U.S.C. 1152(b)) shall the following: (1) to family-sponsored immigrants under apply in determining the foreign state to ‘‘(s)(1) The initial period of authorized ad- section 203(a) of such Act to reduce or elimi- which an alien is chargeable for purposes of mission for a nonimmigrant described in sec- nate the backlog in visas under that section; this subsection. tion 101(a)(15)(W) shall be 5 years, but may be and extended by the Secretary of Homeland Se- (2) if any visas remain for allocation after SEC. 4007. ELIMINATION OF DIVERSITY VISA PRO- curity for additional 5-year periods if the the elimination of the backlog in visas under GRAM. United States citizen son or daughter of the section 203(a) of such Act— (a) IN GENERAL.—Section 203 of the Immi- nonimmigrant is still residing in the United (A) the number equal to 33 percent of the gration and Nationality Act (8 U.S.C. 1153) is States. remaining visas shall be available for aliens amended— ‘‘(2) A nonimmigrant described in section who are members of the professions holding (1) by striking subsection (c); 101(a)(15)(W)— advanced degrees or aliens of exceptional (2) by redesignating subsections (d), (e), (f), ‘‘(A) is not authorized to be employed in ability under section 203(b)(1) of such Act; (g), and (h) as subsections (c), (d), (e), (f), and the United States; and and (g), respectively;

VerDate Sep 11 2014 05:05 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00199 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.044 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S1128 CONGRESSIONAL RECORD — SENATE February 14, 2018 (3) in subsection (c), as redesignated, by number of visas allocated for aliens who ‘‘(I) means an investment in a qualified en- striking ‘‘subsection (a), (b), or (c)’’ and in- qualify for visas under the Nicaraguan Ad- trepreneur’s United States business entity serting ‘‘subsection (a) or (b)’’; justment and Central American Relief Act that is— (4) in subsection (d), as redesignated— (Public Law 105–100; 8 U.S.C. 1153 note) is ex- ‘‘(aa) a purchase from such entity of equity (A) by striking paragraph (2); and hausted, the Secretary of Homeland Security or convertible debt issued by such entity; (B) by redesignating paragraph (3) as para- shall make available the annual allocation ‘‘(bb) a secured loan; graph (2); of diversity visas as follows: ‘‘(cc) a convertible debt note; (5) in subsection (e), as redesignated, by (A) 20,000 visas shall be made available to ‘‘(dd) a public securities offering; striking ‘‘subsection (a), (b), or (c) of this aliens who— ‘‘(ee) a research and development award section’’ and inserting ‘‘subsection (a) or (i) have earned a Ph.D. degree from a from a qualified government entity to the (b)’’; United States institution of higher edu- United States business entity; (6) in subsection (f), as redesignated, by cation (as defined in section 101(a) of the ‘‘(ff) another investment determined ap- striking ‘‘subsections (a), (b), and (c)’’ and Higher Education Act of 1965 (20 U.S.C. propriate by the Secretary; or inserting ‘‘subsections (a) and (b)’’; and 1001(a))) in a field of science, technology, en- ‘‘(gg) a combination of any of the invest- (7) in subsection (g), as redesignated— gineering, or mathematics; and ments described in items (aa) through (ff); (A) by striking ‘‘(d)’’ each place it appears (ii) have an offer of employment from a and and inserting ‘‘(c)’’; and United States employer in a field related to ‘‘(II) does not include an investment (B) in paragraph (2)(B), by striking ‘‘sub- such degree. from— section (a), (b), or (c)’’ and inserting ‘‘sub- (B) 20,000 visas shall be made available to ‘‘(aa) such qualified entrepreneur; section (a) or (b)’’. aliens who qualify for an Entrepreneur Im- ‘‘(bb) the parents, spouse, son, or daughter (b) TECHNICAL AND CONFORMING AMEND- migrant Visa. of such qualified entrepreneur; or MENTS.—The Immigration and Nationality (C) 10,000 visas shall be made available to ‘‘(cc) any corporation, company, associa- Act (8 U.S.C. 1101 et seq.) is amended— aliens under section 203(b)(6) of the Immigra- tion, firm, partnership, society, or joint (1) in section 101(a)(15)(V) (8 U.S.C. tion and Nationality Act, as added by para- stock company over which such qualified en- 1101(a)(15)(V)), by striking ‘‘section 203(d)’’ graph (2)(B). trepreneur has a substantial ownership in- and inserting ‘‘section 203(c)’’; (2) ENTREPRENEUR IMMIGRANTS.—Section terest. (2) in section 201 (8 U.S.C. 1151)— 203(b) of the Immigration and Nationality ‘‘(vi) QUALIFIED JOB.—The term ‘qualified (A) in subsection (a)— Act (8 U.S.C. 1153(b)) is amended— job’ means a full-time position at a United (i) in paragraph (1), by adding ‘‘and’’ at the (A) by redesignating paragraph (6) as para- States business entity owned by a qualified end; graph (7); and entrepreneur that— (ii) in paragraph (2), by striking ‘‘; and’’ (B) by inserting after paragraph (5) the fol- ‘‘(I) is located in the United States; and inserting a period; and lowing: ‘‘(II) has been filled for at least 2 years by (iii) by striking paragraph (3); ‘‘(6) ENTREPRENEUR IMMIGRANTS.— a United States citizen or legal permanent (B) by striking subsection (e); and ‘‘(A) DEFINITIONS.—In this paragraph and resident who is not the qualified entre- (C) by redesignating subsection (f) as sub- in sections 101(a)(15)(W) and 214(s): preneur or the spouse, son, or daughter of section (e); ‘‘(i) QUALIFIED ANGEL INVESTOR.—The term the qualified entrepreneur; and (3) in section 203(b)(2)(B)(ii)(IV) (8 U.S.C. ‘qualified angel investor’ means an indi- ‘‘(III) is compensated at a wage level that 1153(b)(2)(B)(ii)(IV)), by striking ‘‘section vidual or organized group of individuals in- is commensurate with similarly situated em- 203(b)(2)(B)’’ each place such term appears vesting directly or through a legal entity— ployees in comparable positions in the met- and inserting ‘‘clause (i)’’; ‘‘(I) each of whom is an accredited investor ropolitan statistical area of the employ- (4) in section 204 (8 U.S.C. 1154)— (as defined in section 230.501(a) of title 17, ment. (A) in subsection (a)(1)— Code of Federal Regulations, or any similar ‘‘(vii) QUALIFIED STARTUP ACCELERATOR.— (i) by striking subparagraph (I); and successor regulation) investing the funds The term ‘qualified startup accelerator’ (ii) by redesignating subparagraphs (J) owned by such individual or organized group means a corporation, company, association, through (L) as subparagraphs (I) through (K), in a qualified entrepreneur’s United States firm, partnership, society, or joint stock respectively; business entity; company that— (B) in subsection (e), by striking ‘‘sub- ‘‘(II)(aa) if an individual, is a citizen of the ‘‘(I) is organized under the laws of the United States or an alien lawfully admitted United States or of any State and conducts section (a), (b), or (c) of section 203’’ and in- for permanent residence; or business in the United States; serting ‘‘subsection (a) or (b) of section 203’’; ‘‘(bb) if an organized group or legal entity, ‘‘(II) in the ordinary course of business, and a majority of the individuals investing provides a program of training, mentorship, (C) in subsection (l)(2)— through such group or entity are citizens of and logistical support to assist entre- (i) in subparagraph (B), by striking ‘‘sec- the United States or aliens lawfully admit- preneurs in growing their businesses; tion 203 (a) or (d)’’ and inserting ‘‘subsection ted for permanent residence; and ‘‘(III) is managed by individuals, the ma- (a) or (c) of section 203’’; and ‘‘(III) each of whom in the previous 3 years jority of whom are citizens of the United (ii) in subparagraph (C), by striking ‘‘sec- has made qualified investments totaling not States or aliens lawfully admitted for per- tion 203(d)’’ and inserting ‘‘section 203(c)’’; less than $50,000 (or such higher amount de- manent residence; (5) in section 214(q)(1)(B)(i) (8 U.S.C. termined appropriate by the Secretary) in ‘‘(IV)(aa) regularly acquires an equity in- 1184(q)(1)(B)(i)), by striking ‘‘section 203(d)’’ United States business entities that are less terest in companies that participate in its and inserting ‘‘section 203(c)’’; than 5 years old. programs in which the majority of the cap- (6) in section 216(h)(1) (8 U.S.C. 1186a(h)(1)), ‘‘(ii) QUALIFIED COMMUNITY DEVELOPMENT ital so invested is committed from individ- in the undesignated matter following sub- FINANCIAL INSTITUTION.—The term ‘qualified uals who are United States citizens or aliens paragraph (C), by striking ‘‘section 203(d)’’ community development financial institu- lawfully admitted for permanent residence, and inserting ‘‘section 203(c)’’; and tion’ means an entity that has been certified or from entities organized under the laws of (7) in section 245(i)(1)(B) (8 U.S.C. by the Community Development Financial the United States or any State; or 1255(i)(1)(B)), by striking ‘‘section 203(d)’’ and Institutions Fund under section 1805.201 of ‘‘(bb) is an entity that has received not less inserting ‘‘section 203(c)’’. title 12, Code of Federal Regulations, or any than $250,000 in funding from a qualified gov- (c) EFFECTIVE DATE.—The amendments similar successor regulation. ernment entity or entities during the pre- made by this section shall take effect on the ‘‘(iii) QUALIFIED ENTREPRENEUR.—The term vious 5 years and regularly awards grants to first day of the first fiscal year beginning on or after the date of the enactment of this ‘qualified entrepreneur’ means an individual companies that participate in its programs Act. who— (in which case, such grant shall be treated as ‘‘(I) has a significant ownership interest, a qualified investment for purposes of clause SEC. 4008. REALLOCATION OF VISAS; GRAND- FATHERED PETITIONS. which need not constitute a majority inter- (v)); (a) GRANDFATHERED PETITIONS AND VISAS.— est, in a United States business entity; ‘‘(V) during the previous 5 years, has ac- Notwithstanding the elimination under sec- ‘‘(II) is employed in a senior executive po- quired an equity interest in, or, in the case tion 4007 of the diversity visa program de- sition at such entity; of an entity described in subclause (IV)(bb), scribed in sections 201(e) and 203(c) of the Im- ‘‘(III) submits a business plan to U.S. Citi- regularly made grants to, not fewer than 10 migration and Nationality Act (8 U.S.C. zenship and Immigration Services; and United States business entities that— 1151(e) and 1153(c)) (as in effect on the day be- ‘‘(IV) had a substantial role in the found- ‘‘(aa) have participated in its programs; fore the date of enactment of this Act), the ing or early-stage growth and development and amendments made by this section shall not of such entity. ‘‘(bb)(AA) have each secured at least apply, and visas shall remain available, to ‘‘(iv) QUALIFIED GOVERNMENT ENTITY.—The $100,000 in initial investments; or any alien whom the Secretary of State has term ‘qualified government entity’ means an ‘‘(BB) during any 2-year period following selected to participate in the diversity visa agency or instrumentality of the United the date of such acquisition, have generated lottery for fiscal year 2018. States or of a State, local, or tribal govern- not less than $500,000 in aggregate annual (b) REALLOCATION OF VISAS.— ment. revenue within the United States; (1) IN GENERAL.—Beginning in fiscal year ‘‘(v) QUALIFIED INVESTMENT.—The term ‘‘(VI) has its primary location in the 2019 and ending on the date on which the ‘qualified investment’— United States; and

VerDate Sep 11 2014 05:05 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00200 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.044 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE February 14, 2018 CONGRESSIONAL RECORD — SENATE S1129 ‘‘(VII) satisfies such other criteria as the ment financial institution, qualified startup (ii) the manner in which the visas shall be Secretary may establish. accelerator, or such other entity or type of allocated. ‘‘(viii) QUALIFIED VENTURE CAPITALIST.— investors, as determined by the Secretary, or f The term ‘qualified venture capitalist’ any combination of such entities or inves- means an entity that— tors, has devoted a qualified investment or AUTHORITY FOR COMMITTEES TO ‘‘(I)(aa) is a venture capital operating com- combination of qualified investments of not MEET pany (as defined in section 2510.3-101(d) of less than $500,000 to the alien’s United States Mr. CORNYN. Mr. President, I have title 29, Code of Federal Regulations or any business entity; or successor to such regulation); or ‘‘(bb)(AA) the alien has a significant own- 11 requests for committees to meet ‘‘(bb) has management rights, as defined ership interest in a United States business during today’s session of the Senate. in, and to the extent required by, such sec- entity that has created not fewer than 5 They have the approval of the Majority tion 2510.3-101(d) or successor regulation, in qualified jobs; and and Minority leaders. its portfolio companies; ‘‘(BB) during the 2-year period ending on Pursuant to rule XXVI, paragraph ‘‘(II) has capital commitments of not less such petition date, has generated not less 5(a), of the Standing Rules of the Sen- than $10,000,000; and than $500,000 in annual revenue within the ate, the following committees are au- ‘‘(III) has an investment adviser that— United States; and thorized to meet during today’s session ‘‘(aa) is registered under section 203 of the ‘‘(III) not more than 2 other aliens have re- Investment Advisers Act of 1940 (15 U.S.C. ceived nonimmigrant status under this sec- of the Senate: 80b-3); tion on the basis of an alien’s ownership of COMMITTEE ON COMMERCE, SCIENCE, AND ‘‘(bb) has its primary office location in the such United States business entity; or TRANSPORTATION United States; ‘‘(ii)(I) the alien maintained valid non- The Committee on Commerce, ‘‘(cc) is directly or indirectly owned by in- immigrant status in the United States for at Science, and Transportation is author- dividuals, the majority of whom are citizens least 3 years before the date on which the ized to meet during the session of the of the United States or aliens lawfully ad- alien filed an application for such status; Senate on Wednesday, February, 14, mitted for permanent residence in the ‘‘(II) the alien holds an advanced degree in 2018, at 9:30 a.m., to conduct a hearing United States; a field of science, technology, engineering, or ‘‘(dd) has been advising such entity or mathematics that has been approved by the on the following nominations: Joseph other similar funds or entities for at least 2 Secretary; Simons, of Virginia, Christine S. Wil- years; and ‘‘(III) during the 3-year period ending on son, of Virginia, Noah Joshua Phillips, ‘‘(ee) has advised such entity or a similar the date on which the alien files an initial of Maryland, and Rohit Chopra, of New fund or entity with respect to at least 2 in- petition for such status under this section— York, each to be a Federal Trade Com- vestments of not less than $500,000 made by ‘‘(aa)(AA) the alien has a significant own- missioner. such entity or similar fund or entity during ership interest in a United States business COMMITTEE ON FINANCE each of the most recent 2 years. entity that has created not fewer than 4 ‘‘(ix) SECRETARY.—Except as otherwise spe- qualified jobs; and The Committee on Finance is author- cifically provided, the term ‘Secretary’ ‘‘(BB) a qualified venture capitalist, a ized to meet during the session of the means the Secretary of Homeland Security. qualified angel investor, a qualified govern- Senate on Wednesday, February, 14, ‘‘(x) SENIOR EXECUTIVE POSITION.—The term ment entity, a qualified community develop- 2018, at 10:30 a.m., to conduct a hearing ‘senior executive position’ includes the posi- ment financial institution, qualified startup entitled ‘‘The President’s Fiscal Year tion of chief executive officer, chief tech- accelerator, or such other entity or type of 2019 Budget.’’ nology officer, and chief operating officer. investors, as determined by the Secretary, or COMMITTEE ON FINANCE ‘‘(xi) UNITED STATES BUSINESS ENTITY.—The any combination of such entities or inves- term ‘United States business entity’ means tors, has devoted a qualified investment or The Committee on Finance is author- any corporation, company, association, firm, combination of qualified investments of not ized to meet during the session of the partnership, society, or joint stock company less than $500,000 in total to the alien’s Senate on Wednesday, February, 14, that is organized under the laws of the United States business entity; or 2018, at 2:30 p.m., to conduct a hearing United States or any State and that con- ‘‘(bb)(AA) the alien has a significant own- on the President’s budget and the fol- ducts business in the United States that is ership interest in a United States business lowing nominations: Dennis Shea, of not— entity that has created not fewer than 3 Virginia, to be a Deputy United States ‘‘(I) a private fund (as defined in 202(a) of qualified jobs; and the Investment Advisers Act of 1940 (15 ‘‘(BB) during the 2-year period ending on Trade Representative (Geneva Office), U.S.C. 80b-2)); such petition date, the entity has generated with the rank of Ambassador, and C. J. ‘‘(II) a commodity pool (as defined in sec- not less than $500,000 in annual revenue with- Mahoney, of Kansas, to be a Deputy tion 1a of the Commodity Exchange Act (7 in the United States; and United States Trade Representative U.S.C. 1a)); ‘‘(IV) not more than 3 other aliens have re- (Investment, Services, Labor, Environ- ‘‘(III) an investment company (as defined ceived nonimmigrant status under this para- ment, Africa, China, and the Western in section 3 of the Investment Company Act graph on the basis of an alien’s ownership of Hemisphere), with the rank of Ambas- of 1940 (15 U.S.C. 80a-3); or such United States business entity. ‘‘(IV) an issuer that would be an invest- ‘‘(D) NEW BUSINESS PLAN REQUIREMENT.— sador. ment company without an exemption pro- ‘‘(i) IN GENERAL.—A qualified entrepreneur COMMITTEE ON FINANCE vided in— shall submit a new business plan to U.S. The Committee on Finance is author- ‘‘(aa) section 3(c) of the Investment Com- Citizenship and Immigration Services if ized to meet during the session of the pany Act of 1940 (15 U.S.C. 80a-3(c)); or there has been a material change to the busi- Senate on Wednesday, February, 14, ‘‘(bb) section 270.3a-7 of title 17, Code of ness plan referred to in subparagraph 2018, at 2:30 p.m., to conduct a hearing. Federal Regulations, or any similar suc- (A)(iii)(III). COMMITTEE ON HOMELAND SECURITY AND cessor regulation. ‘‘(ii) PRESUMPTION.—There shall be a pre- GOVERNMENTAL AFFAIRS ‘‘(B) IN GENERAL.—Not more than 10,000 sumption in favor of approval for any new visas shall be available during each fiscal business plan submitted pursuant to clause The Committee on Homeland Secu- year for qualified immigrants seeking to (i). rity and Governmental Affairs is au- enter the United States for the purpose of ‘‘(E) ATTESTATION.—The Secretary may re- thorized to meet during the session of creating new businesses, as described in this quire an alien seeking a visa under this para- the Senate on Wednesday, February, paragraph. graph to attest, under penalties of perjury, 14, 2018, at 10 a.m., to conduct a busi- ‘‘(C) ELIGIBILITY.—An alien who is a quali- to the alien’s qualifications.’’. ness meeting and hearing on the fol- fied entrepreneur is eligible for a visa under (3) NOTIFICATION.— lowing nominations: Jeff T.H. Pon to this paragraph if— (A) FEDERAL REGISTER.—The Secretary, in ‘‘(i)(I) the alien maintained valid non- consultation with the Secretary of State, be Director, Office of Personnel Man- immigrant status in the United States for at shall publish a notice in the Federal Register agement and Michael Rigas, to be Dep- least 2 years; to notify affected aliens with respect to— uty Director, Office of Personnel and ‘‘(II) during the 3-year period ending on the (i) the availability of visas under para- Management. date the alien files an initial petition for graph (1); COMMITTEE ON INDIAN AFFAIRS such status under this section— (ii) the manner in which the visas shall be The Committee on Indian Affairs is ‘‘(aa)(AA) the alien has a significant own- allocated. authorized to meet during the session ership in a United States business entity (B) VISA BULLETIN.—The Secretary of State of the Senate on Wednesday, February, that has created not fewer than 5 qualified shall publish a notice in the monthly visa jobs; and bulletin of the Department of State with re- 14, 2018, at 2:30 p.m., to conduct a hear- ‘‘(BB) a qualified venture capitalist, a spect to— ing entitled ‘‘Making Indian Country qualified angel investor, a qualified govern- (i) the availability of visas under para- Count: Native Americans and the 2020 ment entity, a qualified community develop- graph (1); Census.’’

VerDate Sep 11 2014 05:05 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00201 Fmt 4624 Sfmt 0634 E:\CR\FM\A14FE6.044 S14FEPT1 dlhill on DSK3GLQ082PROD with SENATE S1130 CONGRESSIONAL RECORD — SENATE February 14, 2018 COMMITTEE ON THE JUDICIARY The PRESIDING OFFICER. Without The resolution (S. Res. 406) was The Committee on the Judiciary is objection, it is so ordered. agreed to. authorized to meet during the session The clerk will report the bill by title. The preamble was agreed to. of the Senate on Wednesday, February, The senior assistant legislative clerk (The resolution, with its preamble, is 14, at 10 a.m. to conduct a hearing on read as follows: printed in today’s RECORD under ‘‘Sub- the following nominations: Joel M. A bill (S. 2246) to designate the health care mitted Resolutions.’’) Carson III, of New Mexico, to be United center of the Department of Veterans Affairs States Circuit Judge for the Tenth Cir- in Tallahassee, Florida, as the Sergeant Er- f cuit, Colm F. Connolly, and Maryellen nest I. ‘‘Boots’’ Thomas VA Clinic, and for other purposes. ORDERS FOR THURSDAY, Noreika, both to be a United States FEBRUARY 15, 2018 District Judge for the District of Dela- There being no objection, the Senate ware, William F. Jung, to be United proceeded to consider the bill. Mr. MCCONNELL. Mr. President, I States District Judge for the Middle Mr. MCCONNELL. I further ask ask unanimous consent that when the District of Florida, and Ryan T. Holte, unanimous consent that the bill be Senate completes its business today, it of Ohio, to be a Judge of the United considered read a third time and passed adjourn until 10 a.m., Thursday, Feb- States Court of Federal Claims. and the motion to reconsider be consid- ruary 15; further, that following the ered made and laid upon the table with COMMITTEE ON SMALL BUSINESS prayer and pledge, the morning hour be no intervening action or debate. The Committee on Small Business is deemed expired, the Journal of pro- The PRESIDING OFFICER. Without authorized to meet during the session ceedings be approved to date, the time objection, it is so ordered. for the two leaders be reserved for their of the Senate on Wednesday, February, The bill (S. 2246) was ordered to be 14, 2018, at 3:30 p.m., to conduct a hear- use later in the day, and morning busi- engrossed for a third reading, was read ness be closed; finally, I ask that fol- ing on the following nominations: avid the third time, and passed, as follows: Christian Tryon, of Ohio, to be Chief lowing leader remarks, the Senate re- S. 2246 Counsel for Advocacy, and Hannibal sume consideration of H.R. 2579. Ware, of the Virgin Islands, to be In- Be it enacted by the Senate and House of Rep- The PRESIDING OFFICER. Without resentatives of the United States of America in objection, it is so ordered. spector General, both of the Small Congress assembled, Business Administration. SECTION 1. REDESIGNATION OF A DEPARTMENT f SUBCOMMITTEE ON PERSONNEL OF VETERANS AFFAIRS CLINIC IN The Subcommittee on Personnel of FLORIDA. ADJOURNMENT UNTIL 10 A.M. the Committee on Armed Services is (a) DESIGNATION.—The Health Care Center TOMORROW of the Department of Veterans Affairs lo- authorized to meet during the session cated at 2181 Orange Avenue in Tallahassee, Mr. MCCONNELL. Mr. President, if of the Senate on Wednesday, February, Florida, shall after the date of the enact- there is no further business to come be- 14, 2018, at 3 p.m., to conduct a hearing. ment of this Act be known and designated as fore the Senate, I ask unanimous con- SUBCOMMITTEE ON READINESS AND the ‘‘Sergeant Ernest I. ‘Boots’ Thomas VA sent that it stand adjourned under the MANAGEMENT SUPPORT Clinic’’. previous order. The Subcommittee on Readiness and (b) REFERENCES.—Any reference in any law, regulation, map, document, paper, or There being no objection, the Senate, Management Support of the Com- at 7:37 p.m., adjourned until Thursday, mittee on Armed Services is authorized other record of the United States to the clin- ic referred to in paragraph (1) shall be con- February 15, 2018, at 10 a.m. to meet during the session of the Sen- sidered to be a reference to the Sergeant Er- ate on Wednesday, February, 14, 2018, nest I. ‘‘Boots’’ Thomas VA Clinic. f at 2:30 p.m., to conduct a hearing. f SUBCOMMITTEE ON NATIONAL PARKS DISCHARGED NOMINATION AUTHORIZING REPRESENTATION The Subcommittee on National The Senate Committee on Com- BY SENATE LEGAL COUNSEL Parks of the Committee on Energy and merce, Science, and Transportation Natural Resources is authorized to Mr. MCCONNELL. Mr. President, I was discharged from further consider- meet during the session of the Senate ask unanimous consent that the Sen- ation of the following nomination by on Wednesday, February, 14, 2018, at 3 ate proceed to the consideration of S. unanimous consent and the nomination p.m., to conduct a hearing. Res. 406, submitted earlier today. was confirmed: The PRESIDING OFFICER. The f COAST GUARD NOMINATIONS BEGINNING WITH REAR clerk will report the resolution by ADM. (LH) STEVEN J. ANDERSEN AND ENDING WITH PRIVILEGES OF THE FLOOR REAR ADM. (LH) KEITH M. SMITH, WHICH NOMINATIONS title. WERE RECEIVED BY THE SENATE AND APPEARED IN THE Mr. MERKLEY. Mr. President, I ask The senior assistant legislative clerk CONGRESSIONAL RECORD ON MAY 16, 2017. unanimous consent that my intern, read as follows: f Amanda Power, be granted privileges A resolution (S. Res. 406) to authorize rep- of the floor for the remainder of the resentation by the Senate Legal Counsel in CONFIRMATIONS day. the case of United States v. Ahmed The PRESIDING OFFICER. Without Alahmedalabdaloklah. Executive nominations confirmed by objection, it is so ordered. There being no objection, the Senate the Senate February 14, 2018: f proceeded to consider the resolution. EXECUTIVE OFFICE OF THE PRESIDENT Mr. MCCONNELL. Mr. President, I MARGARET WEICHERT, OF GEORGIA, TO BE DEPUTY DI- SERGEANT ERNEST I. ‘‘BOOTS’’ ask unanimous consent that the reso- RECTOR FOR MANAGEMENT, OFFICE OF MANAGEMENT THOMAS VA CLINIC lution be agreed to, the preamble be AND BUDGET. Mr. MCCONNELL. Mr. President, I agreed to, and the motions to recon- IN THE COAST GUARD ask unanimous consent that the Com- sider be considered made and laid upon THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE UNITED STATES COAST GUARD TO THE GRADE IN- mittee on Veterans’ Affairs be dis- the table with no intervening action or DICATED UNDER TITLE 14, U.S.C., SECTION 271(D): charged from further consideration of debate. To be rear admiral S. 2246 and the Senate proceed to its The PRESIDING OFFICER. Without REAR ADM. (LH) STEVEN J. ANDERSEN immediate consideration. objection, it is so ordered. REAR ADM. (LH) KEITH M. SMITH

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RECOGNIZING JAMES KISER AS West, Madera Municipal, and Pheasant Run in Hearing Heroes Project,’’ where veterans with 2018 CITIZEN OF THE YEAR Chowchilla. On October 11, 1999 he got a hearing loss can be interviewed for the Vet- Hole in One at Pheasant Run Golf Course. erans History Project through the use of real HON. PETER J. ROSKAM Charlie and Mary also enjoyed traveling to- time captioning. This is a vital service because OF ILLINOIS gether. They visited many National Parks and hearing loss is among the most common serv- always loved going to Pismo Beach. ice-connected injury and an estimated 60 per- IN THE HOUSE OF REPRESENTATIVES Charles is survived by his wife Mary cent of veterans from the post 9/11 era who Wednesday, February 14, 2018 McGaha, his sister Reba Rodriguez of Con- have returned from Iraq and Afghanistan suf- Mr. ROSKAM. Mr. Speaker, I rise today to cord, two daughters, Lori Dill (Russell), of fer some form of hearing loss. The ‘‘Hard of congratulate Mr. James Kiser of Darien, Illinois Washington, Lisa Zurilgen (Walt), of Hearing Heroes Project’’ will help ensure on being named the City of Darien’s Citizen of Chowchilla, four granddaughters and 13 great every veteran has a chance to share his or the Year for 2018. After decades of service to grandchildren. her story. his community, Jim is well-deserving of this f As we celebrate National Court Reporting recognition. Now Mr. Speaker, you might won- RECOGNITION OF NATIONAL and Captioning Week, I want to thank the Na- der ‘‘what did he do’’? COURT REPORTING AND CAP- tional Court Reporters Association and its Since joining the Darien Lions Club in 1997, TIONING WEEK many members throughout the country for Jim has taken the organization’s motto, ‘‘We their contributions to preserving history and for Serve,’’ to heart and is known around town as HON. RON KIND supporting those who are deaf or hard of ‘‘Mr. Lion.’’ He served as the Club’s President hearing. I also particularly want to thank court OF WISCONSIN from 2013 to 2014 and has held all 12 posi- reporters for their commitment to the Veterans IN THE HOUSE OF REPRESENTATIVES tions on the Board of Directors. In this capac- History Project and to preserving veterans’ ity, he coordinated a 4th of July Parade, a Wednesday, February 14, 2018 stories for generations to come. Halloween party for children and a charity golf Mr. KIND. Mr. Speaker, I rise today in rec- outing that benefitted the community. ognition of National Court Reporting and Cap- f It is clear that the Darien Lions Club is im- tioning Week and in appreciation of court re- portant to Jim, but his service is not limited to porters across the country. Our court reporters IN HONOR OF THE UNVEILING OF the group’s work. Annually, he assists the play a critical role in our communities—they THE TUSKEGEE ARMY AIR FIELD Darien Chamber of Commerce in planning and hold the vital responsibility to record history, HANGAR HISTORICAL MARKER setting up Darienfest. In 2005 and 2008, he assist those who are deaf or hard of hearing, coordinated the Darienfest Corn Tent, and in and preserve judicial proceedings. I witnessed HON. MARTHA ROBY 2009, it was the Darienfest Beer Tent. Re- the dedication and professionalism of court re- gardless of the role assigned to him, he finds porters through my time as a special pros- OF ALABAMA a way to make his impact felt. ecutor, but more importantly I have seen the IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, please join me in congratu- tremendous devotion of court reporters Wednesday, February 14, 2018 lating Mr. James Kiser on being named the through my wife, Tawni, who has been a court City of Darien’s Citizen of the Year for 2018. reporter in western Wisconsin for over 25 Mrs. ROBY. Mr. Speaker, I rise today to f years. Additionally, I want to recognize the honor the unveiling of the Tuskegee Army Air outstanding work done by the Official House Field Hangar Historical Marker. HONORING THE LIFE OF CHARLES reporters, who transcribe proceedings ver- MCGAHA In 1941, the Tuskegee Army Air program batim in the CONGRESSIONAL RECORD and pro- was established to train approximately 1,000 vide needed support for congressional com- of the first African-American pilots in U.S. mili- HON. DOUG LaMALFA mittees. tary history during World War II. Along with OF CALIFORNIA The National Court Reporters Association over 13,000 support personnel, this group be- IN THE HOUSE OF REPRESENTATIVES and its members have also been instrumental came known as the Tuskegee Airmen. The Wednesday, February 14, 2018 for the success of the Veterans History most well known of the Tuskegee Airmen Project, which was created by legislation I au- were the members of the 332nd Fighter Group Mr. LAMALFA. Mr. Speaker, Charles ‘‘Char- thored. This project is the largest oral history and its four fighter squadrons. The Tuskegee lie’’ McGaha was born on June 22, 1927 in collection in United States history, having col- Airmen’s 332nd Fighter Group and 99th fighter Sevier County, Tennessee. The youngest of lected over 100,000 stories from our nation’s squadron flew approximately 1500 combat nine children, the McGaha family headed out veterans that are permanently stored at the Li- missions, scoring 112 aerial victories, earning west when Charlie was four. The family trav- brary of Congress and available to the public. 96 Distinguished Flying Crosses and three eled through Oklahoma before finally settling Shortly after the Veterans History Project Distinguished Unit citations. in Chowchilla, California where he attended was launched, court reporters across the local schools. After High school, he began country partnered with the Library of Congress The Tuskegee Army Air Field closed in working at Danish Creamery in Chowchilla. He to preserve the narratives of our nation’s vet- 1947 and the facility’s three hangars were re- joined the Navy in 1945 and served our coun- erans by assisting in transcribing veterans’ located to municipal airports in Montgomery, try for two years. After his honorable dis- stories. To date, over 4,000 oral history tran- Clanton, and Troy. However, the Tuskegee charge in 1947, he returned to work at Danish scripts have been submitted by court reporters Army Air Field Hangar structure remains large- Creamery where they held his job while he to the Library of Congress. Not only have ly unchanged from the days of the Tuskegee served in the Navy. court reporters worked diligently with the Li- Airmen. In September 1951, he married the love of brary of Congress to transcribe stories that On August 11, 2017 the Tuskegee Army Air his life, Mary Zandona. They had two daugh- had already been submitted, but many have Field Hangar was added to the Alabama Reg- ters, Lori and Lisa. Charlie loved to hunt, fish, personally interviewed veterans within their ister of Landmarks and Heritage. This Register and ride motorcycles. He prided himself that at own communities. Without this admirable dedi- includes historic, architectural, and archae- the age of 45, he could go dirt bike riding and cation from court reporters throughout the ological landmarks that are deemed worthy of keep up with the teenagers. He retired from country, we would not be able to preserve both recognition and preservation. Danish Creamery in 1983 after working for 38 many of these veterans’ stories or record the Mr. Speaker, it is my privilege to join many years as a foreman at both the Chowchilla sacrifices they made for our nation. others in recognizing the Tuskegee Army Air and Fresno plants. Upon retiring, he learned The National Court Reporters Foundation Field Hangar for its historical significance to to play golf. He enjoyed the courses at Fresno also launched a program called ‘‘The Hard of the State of Alabama and to our Nation.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Sep 11 2014 03:44 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\K14FE8.001 E14FEPT1 SSpencer on DSKBBXCHB2PROD with REMARKS E182 CONGRESSIONAL RECORD — Extensions of Remarks February 14, 2018 IN RECOGNITION OF MR. ERNEST IN RECOGNITION OF THE JEWISH of Lithuania is an organization of Roman ‘‘BOBO’’ CLOUD, JR. COMMUNITY ALLIANCE Catholic men and women of Lithuanian ances- try located in Pittston, Pennsylvania. HON. JOHN H. RUTHERFORD Organized on April 27, 1913, the Knights of HON. SANFORD D. BISHOP, JR. OF FLORIDA Lithuania was originally established as a youth OF GEORGIA IN THE HOUSE OF REPRESENTATIVES organization. Its mission was to unite young Lithuanians living in the United States, pre- IN THE HOUSE OF REPRESENTATIVES Wednesday, February 14, 2018 serve Lithuanian culture, and restore freedom Wednesday, February 14, 2018 Mr. RUTHERFORD. Mr. Speaker, I rise to Lithuania, which, at the time, was divided today to congratulate the hard-working men between Russia and Germany. Mr. BISHOP of Georgia. Mr. Speaker, I rise and women of the David A. Stein Jewish In more recent times, it has become a fam- to pay tribute to a dedicated mortician and Community Alliance on the celebration of their ily organization. St. Casimir, patron saint of compassionate public servant, the Honorable 30th Anniversary of enriching the lives of Lithuania’s youth, is honored as the organiza- Ernest ‘‘Bobo’’ Cloud, Jr., who will celebrate those with a variety of needs. JCA is a pillar tion’s patron. ‘‘For God and Country,’’ is the 33 years of distinguished service to the City of in our Jacksonville community. The Jewish motto of Knights of Lithuania, and its members Cairo, Georgia. His celebration will take place Community Alliance (JCA) is a non-profit com- keep an appreciation of the Lithuanian lan- on Saturday, February 17, 2018 at Mount Cal- munity center affiliated with the Jacksonville guage and culture alive, while also stressing vary Missionary Baptist Church in Cairo. Jewish Federation, the United Way of North- the importance of Roman Catholic beliefs. Ernest Cloud, Jr. was born on May 4, 1948, east Florida and the Jewish Community Cen- It is an honor to recognize the Knights of to the union of the late Ernest Cloud, Sr. and ters of North America. Its focus is to enhance Lithuania as they celebrate 100 years of Lith- Sarah Brown-Cloud. He graduated from the quality of life for families and individuals of uanian independence. I am grateful for their Washington Consolidated High School in all ages, religions, races, financial means, and work preserving Lithuanian traditions for the 1966, and went on to attend and graduate physical and mental abilities. citizens of the Greater Pittston. I wish their from Gupton-Jones School of Mortuary To this end, JCA has impacted tens of thou- membership all the best as they continue their Science in Atlanta, Georgia in 1971. After sands of citizens in our community. Situated important mission. graduation, he received a greater calling upon on the Ed Parker Jewish Community Campus, f his life and enlisted in the United States Army. JCA welcomes preschool-age children to get a good start in life and embraces teens and HONORING COUNCILMAN JIM But, this was not the only calling that he would BAYMAN receive in his lifetime. Ernest continued to pur- adults to join classes on health, heritage and sue his interest in mortuary science by serving other diverse subjects. At the JCA, there is a in the funeral service business alongside his spirit of intergenerational sharing of values HON. JIM BANKS father. and ideas. The after-school and school-closed OF INDIANA day programs give peace of mind to working IN THE HOUSE OF REPRESENTATIVES Mr. Cloud’s distinguished civil service has parents, both married and single. Seniors and Wednesday, February 14, 2018 been mirrored by his extensive involvement in adults with special needs are offered opportu- his community. In conjunction with his profes- nities to reach their potential with dignity and Mr. BANKS of Indiana. Mr. Speaker, I rise sional accomplishments, Mr. Cloud served on tradition. today to recognize Whitley County Councilman several boards, including the boards of the The JCA facility offers swimming, theatre Jim Bayman. For 36 years, Councilman Georgia Funeral Service Practitioners Associa- and camp programs, fitness and exercise Bayman has represented all or parts of Wash- tion, Inc. (where he served as the Budget and classes, sports teams, and art and academic ington, Cleveland, Jefferson and Columbia Convention Chairmen and the Past President), classes to all members and welcomes all for Townships. I had the honor of serving with the Cairo Civics Club (where he served as the membership. JCA offers an array of creative Councilman Bayman in 2009 and 2010, and I County Chairman), the Cairo High School and innovative classes, programs and events saw firsthand the positive influence he has Booster Club (where he served as President), sure to inspire and benefit participants. had on the people of his district and our Coun- Epsilon Nu Delta Mortuary Fraternity, Inc. Mr. Speaker, I ask you and Members of the ty. Councilman Bayman is hard-working, hon- (where he served as the Vice President for House to join me in acknowledging the 30th est and a caring public servant. I wish him the GA, FL, and AL), and the Fourth District Fu- Anniversary of the JCA and its commitment to best as he begins the next chapter of his life. neral Service of Georgia Practitioners Associa- the community. Whitley County will miss his leadership and tion, Inc. (where he served as the Assistant f commitment to public service. Secretary). He also belonged to a number of f prestigious organizations, such as the Grady PERSONAL EXPLANATION County Branch of the NAACP, the Georgia HONORING LINDA RUFFING State Board of Funeral Services, the Suwanee HON. LUIS V. GUTIE´RREZ River Area Council Boy Scouts of America, OF ILLINOIS HON. JARED HUFFMAN and several others. IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES A trailblazer of firsts, Ernest was the first Af- Wednesday, February 14, 2018 rican-American Emergency Medical Techni- Wednesday, February 14, 2018 cian (EMT) in Grady County, and in 1985, he Mr. GUTIE´ RREZ. Mr. Speaker, I was un- became the first African-American to serve on avoidably absent in the House chamber for Mr. HUFFMAN. Mr. Speaker, I rise today in the Cairo City Council. He has held this pres- Roll Call votes 70 and 71 on Tuesday, Feb- recognition of Linda Ruffing, who is retiring tigious seat for the past 33 years. ruary 13, 2018. Had I been present, I would from her position as the City Manager of Fort have voted Yea on Roll Call votes 70 and 71. Bragg on February 14, 2018. Dr. Benjamin E. Mays often said: ‘‘You f Born in Pennsylvania, Linda Ruffing came to make your living by what you get, you make California to attend college at the University of your life by what you give.’’ We are so grateful IN RECOGNITION OF THE KNIGHTS California, Santa Cruz. She received a Mas- that Mr. Cloud has given his time and service OF LITHUANIA COUNCIL 143 AND ter’s Degree from the University of California, to the City of Cairo. A man of great integrity, THE 100TH ANNIVERSARY OF Berkeley, before moving to Fort Bragg in 1992 his efforts, his dedication, and his expertise LITHUANIA INDEPENDENCE to work for Mendocino County as a coastal are unparalleled. The light in Cairo, Georgia planner. shines a little brighter because of Ernest Linda began her career at the City of Fort Cloud, Jr. HON. MATT CARTWRIGHT OF PENNSYLVANIA Bragg in 1999 as the director of community Mr. Speaker, I ask my colleagues to join IN THE HOUSE OF REPRESENTATIVES development and became City Manager in me, my wife Vivian, and the more than 2006. In addition to her exceptional character, 730,000 residents of Georgia’s Second Con- Wednesday, February 14, 2018 judgment, ethics and values, Linda has pro- gressional District in thanking Mr. Ernest Mr. CARTWRIGHT. Mr. Speaker, I rise vided critical leadership on many initiatives for ‘‘Bobo’’ Cloud, Jr. for 33 outstanding years of today to honor the Knights of Lithuania Coun- the city, including the acquisition of 95 acres service to the City of Cairo, Georgia, our state, cil 143 as they celebrate the 100th Anniver- of parkland and a site for the Noyo Science and our nation. sary of Lithuania’s independence. The Knights Center on the former mill site, which includes

VerDate Sep 11 2014 03:44 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A14FE8.001 E14FEPT1 SSpencer on DSKBBXCHB2PROD with REMARKS February 14, 2018 CONGRESSIONAL RECORD — Extensions of Remarks E183 over 2 miles of coastal trail. Under her leader- Under the leadership of Andrew Hoan, in 1997, and the Benetia Humanitarian Award ship, a ban was instituted on foam containers President and CEO of the Chamber has expe- from the Missionary Catechists of Divine Prov- and plastic bags in the city. She also led Fort rienced considerable growth, exceeding over idence in 2013. These awards don’t even fully Bragg to become the first city to allow food 2,000 members and launching several exciting explain what Father Elsner accomplished in waste in yard waste recycling, and in becom- initiatives across the borough. As an example, his lifetime. ing the first Bee City in California. Explore BK, Brooklyn Made have allowed tour- Father Elsner was a kind and humble man, As the city manager, Linda has worked with ists and Brooklynites alike to connect with dedicated to bettering the lives of the people 12 different councilmembers and three dif- local businesses and provided businesses with in San Antonio and everywhere else he spent ferent mayors, and gracefully navigated a a national platform. The continued success of time. His footprint is everlasting, and his lead- spectrum of politics, challenges, and crises. the Brooklyn Chamber of Commerce would ership as an educator and religious figure to She has been responsible for implementing 78 not be possible without the support and dedi- many will be greatly missed. ordinances and managing $33 million in cap- cation of its faithful partners and members. ital improvement projects. Linda leaves the Mr. Speaker, in honor of the history and leg- f city with a stable and successful management acy of this trailblazing organization and the team and a staff dedicated to improving the many committed people who make it a suc- WELCOME SLOANE DACHISEN quality of life for the residents of Fort Bragg. cess, I ask that you and my other distin- BRAVO In her spare time, Linda serves the public guished colleagues join me in congratulating as a Rotarian, an active mentor for the Inter- the Brooklyn Chamber of Commerce on its HON. JOE WILSON act Afterschool Program, and she volunteers 100th anniversary. OF SOUTH CAROLINA for many teen leadership events. She is also f IN THE HOUSE OF REPRESENTATIVES the mother of two children, Eli and Jasper Wednesday, February 14, 2018 Henderson. RECOGNIZING FATHER MARTIN Linda Ruffing has been a dedicated and ef- ELSNER, SJ Mr. WILSON of South Carolina. Mr. Speak- fective public servant for 26 years, and I hope er, I am happy to congratulate Summer you will join me in recognizing her many ac- HON. JOAQUIN CASTRO Buchanan Bravo and her husband, Matthew complishments and sending her best wishes OF TEXAS Edward Bravo, on the birth of their new baby on her retirement. IN THE HOUSE OF REPRESENTATIVES girl, Sloane Dachisen Bravo. Sloane Dachisen Bravo was born on February 3, 2018, at Sib- f Wednesday, February 14, 2018 ley Memorial Hospital in Washington, D.C. PERSONAL EXPLANATION Mr. CASTRO of Texas. Mr. Speaker, I rise Sloane weighed seven pounds and eight today to recognize Father Martin Elsner, SJ, ounces and measured 19 and 3⁄4 inches long. HON. DEVIN NUNES who passed away on February 4, 2018. Fa- I would also like to congratulate Sloane’s OF CALIFORNIA ther Elsner hailed from my hometown of San grandparents, Steve and Barbara Buchanan of IN THE HOUSE OF REPRESENTATIVES Antonio, and we will miss him deeply. Birmingham, Alabama, and Charles and Linda Wednesday, February 14, 2018 Father Elsner was born in St. Louis on Sep- Bravo of Fairfax, Virginia. Congratulations to tember 1, 1931. He attended Jesuit High in Mr. NUNES. Mr. Speaker, on the legislative the entire family as they welcome their newest Dallas and Price High in Amarillo and later addition of pure pride and joy. day of Tuesday, February 13, 2018, I was un- continued his studies at St. Charles College. avoidably detained and was unable to cast a Father Elsner went on to earn a bachelor’s de- f vote on two Roll Call Votes. Had I been gree in English at Spring Hill College in Mo- present, I would have voted: bile, Alabama; a master’s degree in Education; THOMAS REYNOLDS on Roll Call No. 70—YES; and Roll Call No. and studied theology at St. Mary’s College in 71—YES. St. Marys, Kansas. HON. LUKE MESSER f Prior to his ministry in San Antonio, Father OF INDIANA 100TH ANNIVERSARY OF BROOK- Elsner began his priestly ministry in Shreve- IN THE HOUSE OF REPRESENTATIVES port, Louisiana, where he served as an assist- LYN CHAMBER OF COMMERCE Wednesday, February 14, 2018 ant principal at Jesuit High School from 1964 HON. HAKEEM S. JEFFRIES to 1968. After, Father Elsner was appointed Mr. MESSER. Mr. Speaker, I rise today to Rector-President at Jesuit High School in El honor a friend of mine, Thomas Reynolds, OF NEW YORK Paso, Texas, where eventually he also served who passed away recently at the age of 68 in IN THE HOUSE OF REPRESENTATIVES as both President and Principal. After three Indianapolis, Indiana. Wednesday, February 14, 2018 years in school administration in El Paso, he Tom was born in Muncie, Indiana on No- Mr. JEFFRIES. Mr. Speaker, I rise today in was Pastor for eight years at St. Joseph vember 6, 1949. He worked for Delta Faucet recognition of the 100th Anniversary of the Church in Houston, Texas and was also a reli- in Greensburg with my Mom, for a total of 42 Brooklyn Chamber of Commerce. On February gious leader at the Metropolitan Organization years until he retired in 2013, and was married 10, 2018, the Brooklyn Chamber of Commerce in Houston. to Amy Kay Fisher on April 15, 2000, who pre- celebrated a century of strengthening local Continuing his ministry in Texas, Father ceded him in death on November 26, 2015. businesses and making invaluable contribu- Elsner became a Pastor at Our Lady of Gua- Tom was a member of the YMCA for many tions to the local economy. dalupe Parish in San Antonio where he re- years, and was an avid high school basketball Established in 1918, the Brooklyn Chamber mained until just last year—serving twice as a fan that attended numerous boy’s and girl’s of Commerce has assisted businesses Pastor and many years as an associate. Fa- games over the years, who loved to watch his through innovative programs that have helped ther Elsner was also active in the Commu- grandsons play baseball. Throughout his life grow and promote Brooklyn’s economic land- nities Organized for Public Service (COPS) Tom had a profound impact on countless Hoo- scape. In 1922, the organization expanded and was also spiritual director at Assumption siers. their outreach by hosting the Manufacturers Seminary in San Antonio from 2011 to 2017. On a personal note, Thomas Reynolds had Industrial Show, highlighting over 200 Brook- Father Elsner was a true pillar in San Anto- a giant personality and was someone whose lyn manufacturers and opened its membership nio and to the state of Texas—always giving support and guidance I could always count on. to women. Just five years later, the chamber back to the community and making our state He was supportive, as a baseball coach, early of commerce had become the second largest shine it’s brightest. Father Elsner was very ac- on in my life and I’m greatly appreciative of his in the United States. tive in the Texas Coalition to Abolish the friendship and leadership. In the 1980’s the United States Small Busi- Death Penalty, as well as the Southside Con- He will be mourned most by those who ness Administration formally recognized the sortium for Catholic Schools and Westside knew him best, and he will be missed by all. Brooklyn Chamber and their commitment to Catholic Schools. He also frequently served as Tom is survived by three sons: Craig (Mandy) protecting and promoting the commercial and a celebrant for the televised Mass on Catholic Reynolds; Cris (Angie) Reynolds; Bobby industrial components of the city and their out- Television of San Antonio. (Heather) Reynolds; brother, Steven Loyd; sis- reach efforts, technical assistance and refer- Throughout his lifetime, he received awards ter, Rita Reynolds; and six grandchildren, rals on behalf of minority and women-owned of Outstanding Leader recognition from the Cade, Sydney, Corey, Trevor, A.J., and Cole businesses. archdiocesan Department of Catholic Schools Reynolds.

VerDate Sep 11 2014 03:44 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A14FE8.006 E14FEPT1 SSpencer on DSKBBXCHB2PROD with REMARKS E184 CONGRESSIONAL RECORD — Extensions of Remarks February 14, 2018 PITTSBURGH SUPERCOMPUTING number 2 on the Top 500 list of the world’s dividual institutions would never be able to af- CENTER RETIREMENTS most powerful computing systems. ford. Pittsburgh Supercomputing Center soft- In 2010, the Pittsburgh Supercomputing ware researchers have created a family of HON. MICHAEL F. DOYLE Center formed an internationally respected open-source tools that are helping to power OF PENNSYLVANIA Public Health Applications Group. Big Data analytics on a similar scale. Its bio- IN THE HOUSE OF REPRESENTATIVES Today, the Pittsburgh Supercomputing Cen- medical and Public Health groups are fueling ter’s systems have increasingly focused on Wednesday, February 14, 2018 the fine-scale exploration of brain structure Big Data analytics, empowering a new genera- and revolutionizing public health efforts by op- Mr. MICHAEL F. DOYLE of Pennsylvania. tion of research in artificial intelligence, the life timizing medical supply delivery and revealing Mr. Speaker, I rise today to note a major mile- sciences, the social sciences, and the digital how offering people more options can encour- stone in the life of the Pittsburgh Supercom- humanities. age vaccination. And its championing of the puting Center, a federally supported research The retirement of these three pioneers from creation of supercomputers tailored to new facility in southwestern Pennsylvania. Three their leadership posts at the Pittsburgh Super- communities of researchers with Big Data people responsible for founding and building computing Center offers an occasion for re- needs—typified by the new Bridges system, the Pittsburgh Supercomputing Center are re- flecting on their role in furthering the science which has set new standards for accessibility tiring after many years of stellar leadership of high-performance computing, expanding to researchers without supercomputing experi- there. STEM and economic opportunities in the ence—have supercharged research efforts in The Pittsburgh Supercomputing Center, an Commonwealth of Pennsylvania and contrib- institution established and managed by Car- fields that never before used high-performance uting to the region’s expanding role as a hot- computing. negie Mellon University and the University of spot for computing innovation. Pittsburgh, provides both public and private- This innovative approach to high-perform- The Pittsburgh Supercomputing Center’s ance computing has touched scientists, engi- sector researchers nationwide with access to work has had a profound impact on the West- high-performance computers for unclassified neers, and humanities researchers across the ern Pennsylvania region and the Common- country and the world. In collaborations such research. The Pittsburgh Supercomputing wealth as a whole. The Pittsburgh Supercom- Center is also a leading partner in the Ex- as the Extreme Science and Engineering Dis- puting Center has established a tradition of covery Environment, the National Science treme Science and Engineering Discovery En- using the latest information technologies for vironment, the National Science Foundation’s Foundation’s network of supercomputing cen- the advancement of research, education and ters, the Pittsburgh Supercomputing Center cyber-infrastructure program. corporate competitiveness in the region and The Pittsburgh Supercomputing Center was has played a leading role, providing computa- the state. The Pittsburgh Supercomputing founded in 1986 by two physicists, Michael tional, storage, and human resources that con- Center’s culture of encouraging innovation and Levine from Carnegie Mellon University and tinue to power research projects coast to entrepreneurial activity enabled the creation of Ralph Roskies from the University of Pitts- coast. The result has been a host of tremen- the Three Rivers Optical Exchange, which burgh, along with Jim Kasdorf, the Manager of dous scientific advances made possible by its today provides high-bandwidth research net- Engineering Computer Services at Westing- high-performance computing systems. house. They believed that the Pittsburgh re- working and/or low-cost commodity Internet to In the educational sphere, the Pittsburgh gion needed a national high-performance com- a growing list of institutions in the region and Supercomputing Center’s NIH-funded Minority puting center run by and for researchers. the Commonwealth of Pennsylvania, including Access to Research Careers bioinformatics Working with leading-edge suppliers, co-di- universities, research facilities and high program helped 12 minority-serving institutions rectors Levine and Roskies attracted and fos- schools. across the country institute classes or full cur- tered a team that has designed and built high- To help build the region’s STEM workforce, riculums in bioinformatics, preparing their stu- ly advanced and productive high-performance the Pittsburgh Supercomputing Center offers dents for 21st-century life sciences careers; computing systems. Back in 1986, Jim educational programs for students and teach- the Minority Access to Research Careers pro- Kasdorf was the Manager for Engineering ers at the K–20 level. Open education re- gram’s summer institute offered summer re- Computer Services at Westinghouse, where source materials (available on the Pittsburgh cess projects to undergraduate and graduate he was responsible for everything—planning, Supercomputing Center website at students at these institutions as well. computer acquisition, systems programming, www.psc.edu) are offered online as well as by Levine and Roskies created an environment day-to-day operations, and user support. De- many of these programs. The Bioinformatics for innovation at each stage: assembling the spite those demands, he also took on spear- Education for program STudents exposes team that won the first National Science Foun- heading Westinghouse’s support for the new teachers to modem molecular biology con- dation award; hiring key people with unique facility. Jim eventually joined the Pittsburgh cepts by incorporating computational biology skills; and then empowering them to make in- Supercomputing Center as Director of Special and bioinformatics into high school curricula. novative contributions. Their 31 years of serv- Projects, where he assisted with ongoing fund- The Bioinformatics Education for program ice in leading the Pittsburgh Supercomputing ing opportunities and technology develop- STudents curriculum has been adopted at 15 Center fostered a community of scientific and ments. regional high schools. computing researchers that enable scientific The Pittsburgh Supercomputing Center rap- In economic impact, the Pittsburgh Super- discovery by re-thinking the architecture and idly earned a reputation for acquiring, install- computing Center has brought over $500 mil- software of the systems they make available. ing, and deploying systems that were ‘‘serial lion in outside funds into Pennsylvania, em- I want to commend Dr. Levine, Dr. Roskies, number 1’’ or ‘‘serial number 2’’ and/or the first powering high-performance computing-driven and Mr. Kasdorf for their more than 30 years to ship to a customer, making it a highly pro- research findings at Carnegie Mellon and Pitt, of important contributions to science and the ductive research leader. As a result, each new as well as many of the region’s other univer- economy of Southwestern Pennsylvania. I system enabled a new generation of research sities. The Pittsburgh Supercomputing Center want to congratulate them on a well-earned to be conducted: has been responsible for generating 1,600 retirement and wish them the best in the years In 1987, Levine and Roskies established a jobs and over $200 million in annual economic ahead. biomedical group that created a unique re- activity. The Pittsburgh Supercomputing Cen- f source for exploring the subcellular structure ter’s impact also includes helping to meet the of the nervous system and also developed Commonwealth of Pennsylvania’s need for a IN HONOR OF MINISTER OLLIE W. unique capabilities in the growing field of growing STEM workforce. TARVER bioinformatics and spawned formal graduate In addition to supporting the Commonwealth and undergraduate programs across the coun- of Pennsylvania, the Pittsburgh Supercom- HON. SANFORD D. BISHOP, JR. try. puting Center has put the state ‘‘on the map’’ OF GEORGIA In the 1990s, Roskies personally made ar- in the high-performance computing commu- IN THE HOUSE OF REPRESENTATIVES rangements for time to be set aside on the nity. The Pittsburgh Supercomputing Center Wednesday, February 14, 2018 center’s Cray C90 for tornado prediction ef- has innovated high-performance computing forts that led to today’s tornado predictions— software and architecture that has helped Mr. BISHOP of Georgia. Mr. Speaker, I rise the first time a supercomputing center had drive research around the world. The Pitts- today to extend my sincerest congratulations dedicated time to a single application for such burgh Supercomputing Center’s work in net- and Happy Birthday wishes to a dedicated societally important, time-sensitive work. working has helped provide the critical con- woman of God, community servant, and friend In 2001, the Pittsburgh Supercomputing nections that enable researchers to make pro- of longstanding, Minister Ollie W. Tarver, who Center’s Terascale Computing System ranked ductive use of powerful resources that their in- is celebrating her 82nd birthday on Saturday,

VerDate Sep 11 2014 03:52 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A14FE8.012 E14FEPT1 SSpencer on DSKBBXCHB2PROD with REMARKS February 14, 2018 CONGRESSIONAL RECORD — Extensions of Remarks E185 February 17, 2018. On this day, there will be For the past 19 years, the program has benefitted from Jennifer’s work, I thank her for a celebration at Dawson Elementary School paired students from nearly a dozen partner her incredible service and congratulate her on located at 180 Northstar Drive in Columbus, universities in Australia with offices on Capitol all that she has accomplished. I wish her the Georgia. Hill, giving hundreds of students the oppor- best of luck in the years ahead, and I look for- Minister Ollie Woods Tarver was born on tunity to work in the halls of Congress. I have ward to our continued work together to make February 17, 1936 in Hatchechubee, Alabama been honored to host a number of extremely New Hampshire an even better place to live, to the union of the late Mr. William Woods and talented interns through the UCWIP. Holly is, work, and raise a family. Minister Mattie Mae Woods. A product of the of course, no exception. Russell County School System, she graduated Holly is currently enrolled at Deakin Univer- f from Russell County Training School, and sity in Geelong, Victoria, where she is pur- went on to earn a Bachelor’s of Science de- suing a Bachelor of Laws Degree and a Bach- PERSONAL EXPLANATION gree from Albany State University and a Mas- elor of International Studies Degree: As a stu- ter’s of Science degree from Fort Valley State dent of International studies, she has already HON. VICENTE GONZALEZ University in Elementary Education. Through- travelled extensively, participating in inter- OF TEXAS out her career, she taught in the Muscogee national politics study tours in Boston, Phila- IN THE HOUSE OF REPRESENTATIVES County School System for 31 years. delphia, Washington, New York, as well as Minister Tarver is not only a profound edu- Tokyo. Wednesday, February 14, 2018 cator but also a strong spiritual leader. Holly has proven herself to be a very hard- Mr. GONZALEZ of Texas. Mr. Speaker, I Throughout her pastoral career, she has working and dedicated individual. Throughout was unable to cast my vote for Roll Call vote played a leading role in several religious-affili- her internship, she has interacted extensively 70 on February 13, 2018. Had I been present, ated and community-based organizations. In with my constituents, by drafting correspond- my vote would have been the following: Yea addition to serving as pastor of Ollie Tarver ence, helping to address questions, com- on Roll Call Vote 70. Ministries, she has also served as Chaplain ments, and concerns for those contacting or for several institutions and entities including: visiting my office. She has also attended a f Christian Life School of Theology; Beacon number of hearings and briefings on a wide University; Columbus Chamber of Commerce; range of topics facing our nation and world. ’ PERSONAL EXPLANATION Columbus City Council; and Fountain City Indeed, Holly proved herself to be so capa- Care and Rehabilitation. ble, she prepared a FY2019 Programmatic HON. FRANK A. LoBIONDO George Washington Carver once said, ‘‘How Request letter for circulation throughout the OF NEW JERSEY far you go in life depends on your being ten- U.S. House of Representatives on rail safety. IN THE HOUSE OF REPRESENTATIVES der with the young, compassionate with the It is no wonder that she was chosen by her aged, sympathetic with the striving and toler- classmates to give the ‘‘valedictory’’ speech at Wednesday, February 14, 2018 ant of the weak and strong because someday her program’s closing reception. Mr. LOBIONDO. Mr. Speaker, I will miss in your life you will have been all of these.’’ Last year, Holly was accepted to study inter- votes scheduled for Wednesday, February 14 Minister Tarver has gone far in life because national human rights at Kings College, Lon- and Thursday, February 15, 2018 due to the her everlasting faith in the Lord is vivid testi- don. I have no doubt that she will do great as planned funeral of my oldest brother George mony of His greatness to all whom she en- she continues her studies. I am proud to con- LoBiondo in Rosenhayn, New Jersey. counters. Her love and commitment to Christ gratulate Holly on all of her achievements, and to thank her for everything that she has done is reflected in her compassionate leadership, f which makes her a guiding light within the for my office, my district, state, and our coun- community. try. She has a very bright and exciting future HONORING RONALD E. JACKSON Minister Tarver has accomplished many ahead of her, and I wish her the very best. FOR OVER 50 YEARS SERVING IN things in her life but none of these would have f THE ESSEX FIRE DEPARTMENT been possible without the grace of God and her loving husband, Otis; their son, Earl; six IN RECOGNITION OF JENNIFER HON. ELISE M. STEFANIK grandchildren; and three great-grandchildren. FRIZZELL FOR HER 15 YEARS OF On a personal note, my wife Vivian and I have SERVICE AT PLANNED PARENT- OF NEW YORK truly been blessed by Minister Tarver’s sage HOOD OF NORTHERN NEW ENG- IN THE HOUSE OF REPRESENTATIVES counsel, encouragement, and enduring friend- LAND Wednesday, February 14, 2018 ship over the many years that we have known Ms. STEFANIK. Mr. Speaker, I rise today to her. HON. ANN M. KUSTER recognize Ronald E. Jackson for over 50 Mr. Speaker, my wife Vivian and I, along OF NEW HAMPSHIRE years of service in the Essex Fire Department. with the more than 730,000 constituents of the IN THE HOUSE OF REPRESENTATIVES Ron joined the Essex Fire Department in Second Congressional District of Georgia ask Wednesday, February 14, 2018 my colleagues in the House to join us in com- 1964, where he held the roles of Fire Lieuten- mending and recognizing Minister Ollie W. Ms. KUSTER of New Hampshire. Mr. ant, EMS Captain, Fire District Commissioner, Tarver for her selfless service to God, the Speaker, I rise today to offer my sincere grati- Assistant Fire Chief, and Fire Chief. He re- church, and to humankind. We extend our tude for Jennifer Frizzell as she moves on mains active in the Department to this day, re- best wishes to her as she and her family and after fifteen years from her role leading public sponding to fire and EMS calls as a volunteer friends celebrate her 82nd birthday. policy work for Planned Parenthood of North- member of Department. For Ron, fire fighting runs in the family. He f ern New England. Throughout Jennifer’s long career as an ad- followed his father Gerald’s lead in becoming RECOGNIZING MS. HOLLY ADAMS vocate for reproductive rights and improved a firefighter, and was glad to pass on the torch FOR HER INTERNSHIP WITH THE access to family planning resources, she has to his son, Craig, and his grandsons, Warren UNI-CAPITOL WASHINGTON IN- helped support women across New Hampshire and Benjamin, who all currently serve. TERNSHIP PROGRAMME in obtaining well-deserved quality healthcare. Ron is truly dedicated to his community. Whether it’s been advocacy to protect buffer When tragedy struck New York on September HON. ALCEE L. HASTINGS zones outside of clinics or fighting against a 11, 2001, Ron bravely served as a responder OF FLORIDA lawsuit to prevent the opening of a Planned at Ground Zero in the days following the at- IN THE HOUSE OF REPRESENTATIVES Parenthood in downtown Manchester, Jennifer tack. A true public servant, Ron now serves as has made invaluable contributions to our state Essex Town Supervisor and formerly chaired Wednesday, February 14, 2018 and the country. Her commitment and com- the Essex County Republicans. Mr. HASTINGS. Mr. Speaker, I rise today to passion have improved the lives of countless I would like to thank Ron for his many years recognize Ms. Holly Adams. Holly has been women in need, and she has cultivated a bet- of public service to the people of New York, an intern in my Washington, D.C. Congres- ter future for Granite State women and fami- especially to the town of Essex. His commit- sional office since the beginning of January, lies. ment to serving others sets a wonderful exam- through the Uni-Capitol Washington Internship On behalf of New Hampshire’s Second Con- ple for the residents of New York’s 21st Dis- Programme (UCWIP). gressional District and all those who have trict.

VerDate Sep 11 2014 03:44 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A14FE8.013 E14FEPT1 SSpencer on DSKBBXCHB2PROD with REMARKS E186 CONGRESSIONAL RECORD — Extensions of Remarks February 14, 2018 IN RECOGNITION OF THE AMER- threatens these crops, and thousands of sci- Philip Sheridan defeated General Early at the ICAN SOCIETY OF HEATING, RE- entific studies have implicated neonicotinoid Battle of Cedar Creek, Virginia, on October FRIGERATING, AND AIR-CONDI- pesticides, or neonics, as key contributors to 19, 1864. TIONING ENGINEERS AND NA- this trend. Nearly all the individual forts in the Civil De- TIONAL ENGINEERS WEEK That’s why today I am proud to reintroduce fenses of Washington—on both sides of the the Saving America’s Pollinators Act. This bill Potomac and Anacostia rivers—were involved HON. MATT CARTWRIGHT would protect the health of honey bees and in stopping General Early’s attack, and the OF PENNSYLVANIA other critical pollinators and suspend the use Battle of Fort Stevens was the second and IN THE HOUSE OF REPRESENTATIVES of bee-toxic neonics. It also requires the Envi- last attempt by the Confederate Army to attack ronmental Protection Agency (EPA) to com- Washington. Wednesday, February 14, 2018 plete a thorough assessment and ensure that Taken together, these battles were pivotal to Mr. CARTWRIGHT. Mr. Speaker, I rise any use of these insecticides does not cause the outcome of the war and the freedom and today to honor the Anthracite Chapter of the unreasonable and adverse effects on polli- democracy that the war represented for this American Society of Heating, Refrigerating, nators. country. It is therefore fitting that we recognize and Air-Conditioning Engineers (ASHRAE) as The health of our food system depends on these sites by redesignating them as a na- it celebrates National Engineers Week. The the health of our pollinators, and the EPA has tional historic park. American Society of Heating, Refrigerating a responsibility to get to the bottom of this I urge my colleagues to support the bill. and Air-Conditioning Engineers was originally issue. I urge my colleagues to join me and formed in 1894 as American Society of Heat- pass this legislation so that we can save our f ing and Ventilating Engineers. With its inter- pollinators. The future of our food depends on IN RECOGNITION OF JUDGE GREG- national membership of over 56,000, ASHRAE it. ORY D. BILL FOR RECEIVING works to make sustainable advancements in f THE 2018 PURPLE SPORT COAT technology for heating, ventilation, air condi- AWARD tioning, and refrigeration. INTRODUCTION OF THE CIVIL WAR Since 1951, National Engineers Week has DEFENSES OF WASHINGTON NA- celebrated the countless contributions engi- TIONAL HISTORICAL PARK ACT HON. DEBBIE DINGELL neers have made to our country. National En- OF MICHIGAN gineers Week is formally recognized by a coa- HON. ELEANOR HOLMES NORTON IN THE HOUSE OF REPRESENTATIVES lition of more than 70 engineering, education, OF THE DISTRICT OF COLUMBIA Wednesday, February 14, 2018 and cultural societies, with over fifty corpora- IN THE HOUSE OF REPRESENTATIVES Mrs. DINGELL. Mr. Speaker, I rise today to tions and government agencies dedicated to Wednesday, February 14, 2018 raising public awareness on the effect engi- recognize Judge Gregory D. Bill for receiving neering has on daily life. National Engineers Ms. NORTON. Mr. Speaker, today, I intro- the Tertzag Tribute Dinner’s 2018 Purple Week honors also the parents, teachers, and duce a bill to recognize and preserve the Civil Sport Coat Award for his distinguished work mentors who instill the importance of math, War Defenses of Washington located in the as a judge. His commitment to justice and the science, and technological literacy in students District of Columbia, Virginia, and Maryland. Detroit community throughout his career with and motivate them to pursue careers in engi- The defenses of Washington, including forts, the 3rd Circuit Court of Michigan is worthy of neering. unarmed batteries and rifle trenches, created recognition. Many of the major challenges of our time a ring of protection for the nation’s capital dur- After receiving his undergraduate degree have been resolved by modern engineering. ing the Civil War. This bill would redesignate from the University of Michigan and his J.D. From designing efficient building systems to the 22 Civil War Defenses of Washington cur- from Western Michigan University’s Cooley rebuilding towns devastated by natural disas- rently under National Park Service jurisdiction Law School, Judge Bill began his own practice ters, the efforts of engineers contribute to our as a national historical park, and allow other with a specialization in aviation law. He has al- nation’s well-being and quality of life. It is a sites associated with the Civil War Defenses ways had a passion for public service and great privilege to recognize these honorable of Washington that are owned by the District served as a legislative aide for a member of men and women, who are committed to using of Columbia or a unit of state governments to the Michigan State Senate, where he honed their scientific skills and specialized knowledge be affiliated with the national historic park his knowledge of the state’s issues and policy to create and innovative ways to fulfill soci- through cooperative agreements. This bill procedures. Judge Bill served as a member of ety’S needs. would also require the Secretary of the Interior Michigan’s 20th District Court before receiving to facilitate the storied history of the Civil War an appointment to the Wayne County Circuit f for both the North and the South, including the Court, a position he has held since 2000. INTRODUCTION OF THE SAVING history of the Defenses of Washington and the Throughout his tenure, he has served in a va- AMERICA’S POLLINATORS ACT Shenandoah Valley Campaign of 1864, being riety of capacities and currently serves in the assembled, arrayed and conveyed for the ben- criminal division. HON. EARL BLUMENAUER efit of the public for the knowledge, education, Judge Bill has been an outstanding public OF OREGON and inspiration of this and future generations. servant throughout his decades of work with IN THE HOUSE OF REPRESENTATIVES The Civil War Defenses of Washington were the judiciary and is widely recognized and re- constructed at the beginning of the war, in spected for his legal expertise. His colleagues Wednesday, February 14, 2018 1861, as a ring of protection for the nation’s have previously recognized him for his work, Mr. BLUMENAUER. Mr. Speaker, our na- capital and for President Abraham Lincoln. By including being awarded the Michigan Special tion’s food system is in a crisis right now, and the end of the war, these defenses included Legislative Tribute for Outstanding Service to it goes beyond the state of the farm economy. 68 forts, 93 unarmed batteries, 807 mounted the People of Michigan. The Purple Sport Between 2016 and 2017, it’s estimated that cannons, 13 miles of rifle trenches, and 32 Coat award is granted in honor of the late the United States lost one-third of its honey miles of military roads. The major test of the Judge Kaye Tertzag who was known for his bee colonies. Over the past decade, docu- Civil War Defenses of Washington came with integrity and strict interpretation of the law. mented incidents of honey bee colony col- the Shenandoah Valley Campaign of 1864, Judge Bill lives up to the legacy of public re- lapse disorder and other forms of excess bee when Confederate Lieutenant General Jubal spect and judicial integrity that Judge Tertzag mortality have been at a record high. Some Early, directed by General Robert E. Lee, is remembered for and is truly deserving of beekeepers reported repeatedly losing 100 sought to attack the nation’s capital from the this award. He has provided outstanding serv- percent of their operations. While this may not north, causing Union forces threatening to at- ice to our state throughout his career as a sound like a crisis to some, these insects play tack Richmond, the capital of the Confed- judge, and I look forward to his continued a critical role in pollinating a number of our na- eracy, to be withdrawn. General Early was de- work in the years to come. tion’s crops. layed by Union Major General Lew Wallace at Mr. Speaker, I ask my colleagues to join me Honey bees and native bees jointly provide the Battle of Monocacy on July 9, 1864, and in honoring Judge Gregory Bill for being U.S. agriculture an estimated $18 to $27 bil- was stopped at the northern edge of Wash- named the recipient of the 2018 Purple Sport lion in pollination service annually. One of ington at the Battle of Fort Stevens on July 11 Coat Award for his distinguished work as a every three bites of food we eat is from a crop and 12, 1864. The Shenandoah Valley Cam- judge. Judge Bill has been an outstanding pollinated by bees. This dramatic decline paign ended when Union Lieutenant General public servant during his legal career.

VerDate Sep 11 2014 03:52 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A14FE8.019 E14FEPT1 SSpencer on DSKBBXCHB2PROD with REMARKS February 14, 2018 CONGRESSIONAL RECORD — Extensions of Remarks E187 PERSONAL EXPLANATION expertly played the clarinet, violin, piano, and Georgia State Capitol at 2 p.m. on Thursday, sang for his family and friends. February 8, 2018 in Atlanta, Georgia. HON. LISA BLUNT ROCHESTER I salute William John Tomka on his years of Eunice L. Mixon was born in Tifton, Georgia OF DELAWARE faithful service to our country and the public- on April 11, 1931 to the union of the late Rob- IN THE HOUSE OF REPRESENTATIVES school system. He has exemplified qualities of ert and Carrie Lastinger. A product of the Tift a true American hero, and I, on behalf of a Wednesday, February 14, 2018 County School System, she went on to attend grateful nation, admire his service and sac- classes at Abraham Baldwin Agricultural Col- Ms. BLUNT ROCHESTER. Mr. Speaker, I rifice. lege and earn both Master’s and Specialist wish to clarify my position on roll call votes f Degrees in Science Education from the Uni- cast on February 13, 2018. versity of Georgia. On Roll Call Vote Number 70, on the Lex- CONGRATULATING DOMONIQUE ington VA Health Care System, I did not vote. MALCOLM ON BEING NAMED A Winston Churchill said, ‘‘We make a living It was my intention to vote ‘‘Yea.’’ DISTINGUISHED FINALIST BY by what we get, but we make a life by what On Roll Call Vote Number 71, to extend the THE PRUDENTIAL SPIRIT OF we give.’’ Through every stage of her life, Eu- Generalized System of Preferences and to COMMUNITY AWARDS nice has always given of herself to others. make technical changes to the competitive She served as an educator for 30 years within need limitations provision of the program, I did HON. ELISE M. STEFANIK the Tift County School System and at Abra- not vote. It was my intention to vote ‘‘Yea.’’ OF NEW YORK ham Baldwin Agricultural College before re- f IN THE HOUSE OF REPRESENTATIVES directing her passion to politics. Her first offi- cial post in politics came in 1974 when she Wednesday, February 14, 2018 RECOGNIZING THE 100TH became the Tift County campaign chair for BIRTHDAY OF WILLIAM TOMKA Ms. STEFANIK. Mr. Speaker, I rise today to former Governor George Busbee. She also congratulate and honor Domonique Malcolm served as a delegate to the 1988 and 1992 HON. JOHN H. RUTHERFORD for being named a Distinguished Finalist in National Democratic Conventions, and as a OF FLORIDA New York State by the 2018 Prudential Spirit member of the Georgia Democratic Executive IN THE HOUSE OF REPRESENTATIVES of Community Awards program, an annual Committee. Over the years, she has helped honor conferred on the most impressive stu- Wednesday, February 14, 2018 campaign and fundraise for several political dent volunteers in each state. figures including former Georgia Lieutenant. Mr. RUTHERFORD. Mr. Speaker, I rise Ms. Malcolm is being recognized for co- Governors Zell Miller, and Pierre Howard, today to honor World War II Veteran, William founding a nonprofit that led several mission former Georgia Governors Roy Barnes, Joe John Tomka, with whom I had the recent trips to help an impoverished community in Ja- Frank Harris, and Sonny Perdue, former Geor- pleasure of joining to celebrate his 100th birth- maica, and for recently coordinating a trip that gia Commissioner of Agriculture Tommy Irvin, day on January 27, 2018. mobilized 29 volunteers to build two new former Georgia Secretary of State Max Born in Dover, New Jersey to immigrant houses and offer medical and dental support Cleland, U.S. Representative Charles Hatcher, parents, William spent his formative years in at a local clinic. Over the past four years, Ms. former U.S. Senator Sam Nunn, former U.S. New Jersey, developing a love of music. This Malcolm has also helped provide the commu- Presidents Jimmy Carter and Bill Clinton as resulted in him becoming a music teacher until nity with support, including groceries and com- well as yours truly. he was drafted into the United States Army on puters for students. July 11, 1941. He left a successful teaching Created in 1995, the Prudential Spirit of Eunice’s distinguished civil service has been job in New Jersey to defend our great nation. Community Awards recognizes the critical im- mirrored by her extensive involvement in her After completing his radio operations training portance and high value of contributions made community. In conjunction with her profes- at Fort Dix and Fort Bragg, he was deployed by youth volunteers, and to inspire other sional accomplishments in politics, she served to Iceland as part of the 50th Signal Battalion, young people to follow their example. Over the on several boards, including the Georgia Stu- in which he served as a Technical Sergeant, past 23 years, the program has become the dent Finance Commission, Vocational Edu- leading a group of 8 men who were also nation’s largest youth recognition effort based cation Task Force, Advisory Council on Con- trained radio operators. His team was respon- solely on community service, and has honored solidation of Education Programs, Georgia sible for code, receiving and transmitting from more than 120,000 young volunteers at the Civil War Commission, Joint Board Liaison the field, as well as in command cars. This local, state and national levels. Committee, and the Georgia State Bar Dis- group was part of the first American Army per- On behalf of New York’s 21st District, I ciplinary Board. She has served as the door- sonnel to be sent into the European Theatre heartily applaud Ms. Malcolm for her commit- keeper to the Georgia State Senate, and has of Operations. After 22 months in Iceland, he ment and dedication to serving others, and served on the State Bar of Georgia’s Inves- was sent to England to be a part of the inva- thank her for the positive impact she has tigative Panel, the Tifton/Tift County Library sion force of France on D-Day. He was made on many lives. Young volunteers like Board, the Coastal Plain Regional Library dropped on Utah Beach on June 6, 1944 and Ms. Malcolm are inspiring examples to all of Board, the Georgia Student Finance Commis- bravely fought through the campaign of Eu- us, and are among our brightest hopes for a sion Board, the Heritage Trust Commission rope, including the American bombardment of better tomorrow. Board, the Agrirama Foundation and the State the German forces at Saint-Loˆ. He and his fel- f Election Board. low soldiers proceeded to serve at the Battle Eunice received several awards for her ex- IN RECOGNITION OF MRS. EUNICE of the Bulge. tensive work in politics. These include induc- L. MIXON When accounting his most memorable times tion into the Tift County Chamber of Com- in the Army, Mr. Tomka will tell you about his merce’s Wall of Fame in 2014; the Liberty Bell time in Europe after D-day. He told me about HON. SANFORD D. BISHOP, JR. Award by the Tifton Judicial Circuit Bar Asso- his time in France where he witnessed Amer- OF GEORGIA ciation in 2016; a spot on the 40 Most Influen- ican fighter pilots bomb the German forces IN THE HOUSE OF REPRESENTATIVES tial South Georgians; and in 2010, the State and of his time served in joint force with the Wednesday, February 14, 2018 Bar of Georgia honored Eunice with an award Russians at the river of Elbe. Mr. Tomka was in her name. discharged after three and a half years of for- Mr. BISHOP of Georgia. Mr. Speaker, I rise eign duty on June 22, 1945. today to recognize the work and service of a Eunice has accomplished many things in After his years of service, Mr. Tomka went distinguished educator, political activist, and her life but none of these would have been back to his passion of teaching music. He dear friend to my wife, Vivian and me, Mrs. possible without the enduring support of her started an instrumental music program in the Eunice L. Mixon. She was honored as the late husband, Albert and their sons, Johnny Flidgefield school system of New Jersey. Dur- 2018 Distinguished Older Georgian, a title and Jimmy. ing his years of music education, Mr. Tomka given by the Georgia Council on Aging to On a personal note, I have been blessed to obtained his master’s degree from NYU in Su- honor a Georgian, of at least 80 years of age, know Eunice for many years and I can say pervision and Administration, and while he who is a role model for positive aging and has without reservation that she is one of the most was at NYU, he played violin in the orchestra. made significant contribution to society passionate and warmhearted individuals I Even at 100, his talents are still impressive. At through occupational or volunteer efforts. An have ever met. I am proud to consider Eunice his recent birthday celebration, Mr. Tomka award reception was held for Eunice at the and the Mixon family friends of longstanding.

VerDate Sep 11 2014 03:44 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A14FE8.023 E14FEPT1 SSpencer on DSKBBXCHB2PROD with REMARKS E188 CONGRESSIONAL RECORD — Extensions of Remarks February 14, 2018 Mr. Speaker, I ask my colleagues to join me apply biblical principles to life. Both organiza- The men of Grabuone Outfitters were able and the more than 730,000 residents of Geor- tions are committed to Righteousness, Justice, to turn their hobby into an honest to goodness gia’s Second Congressional District, in extend- Liberty and Virtue. business, taking folks from all walks of life ing our sincerest congratulations to Mrs. Eu- f onto the lake to experience a thrill like no nice L. Mixon for receiving the title of 2018 other. It is my unique honor to recognize Distinguished Older Georgian and for her 150TH ANNIVERSARY OF THE Grabuone Outfitters for their hit television many years of service to her community, FIRST BAPTIST CHURCH OF HAR- show Mississippi Snake Grabbers, and I wish state, and nation. RISBURG them all the best in their future endeavors. f HON. JOHN SHIMKUS f CELEBRATING THE LIFE AND LEG- OF ILLINOIS RECOGNIZING STAN COBURN ACY OF FREDERICK DOUGLASS IN THE HOUSE OF REPRESENTATIVES Wednesday, February 14, 2018 HON. JIM BANKS HON. BILL HUIZENGA OF INDIANA Mr. SHIMKUS. Mr. Speaker, I rise today to OF MICHIGAN IN THE HOUSE OF REPRESENTATIVES acknowledge the celebration of the 150th an- IN THE HOUSE OF REPRESENTATIVES niversary of the First Baptist Church of Harris- Wednesday, February 14, 2018 Wednesday, February 14, 2018 burg, IL. Mr. BANKS of Indiana. Mr. Speaker, I rise Mr. HUIZENGA. Mr. Speaker, this February The church was established on February today to recognize Mr. Stan Coburn of Fort marks the 200th anniversary of the birth of a 15, 1868. The first meetings were held at the Wayne, Indiana. Stan recently surpassed his truly great American, Mr. Frederick Douglass. Harrisburg Courthouse. 50th year of employment at the USPS. Stan Having been born into slavery as Frederick The Church is located in the Saline county joined the USPS in 1968, only to be drafted Augustus Washington Bailey in Talbot County, seat. Because of the strength and character of into the Marines shortly thereafter. He served Maryland, Mr. Douglass never knew his real its members, the First Baptist Church pos- as a helicopter machine gunner during the birthday. He often lamented that he had only sesses both a rich history and a vibrant future. conflict in Vietnam, then returned to his posi- a few, shadowy memories of his mother, who They are commemorating their 150th anniver- tion at the Post Office one year later. would walk miles at night to visit him as a sary with a special celebration on Saturday, During his career, Stan has been stationed child, and then walk back home to be in the February 17. Beginning at 1:00 PM, there will at every Post Office in the Fort Wayne area, fields before sunrise. Yet that little boy would be a video presentation, an organ concert, a and has worked every shift available. Stan has grow up into a brave young man, who taught quartet singing, a beard judging, a historical said that he still feels like he has another five himself to read and write, and successfully es- fashion show, and a dessert and pie social at years of service left in him. caped slavery on his third attempt. He would the end. I am honored to recognize such a Northeast Indiana is thankful for Stan’s marry Anna, the love of his life, and remain strong community of faith in my district. many years of service and commitment to our married to her until her death. He was a de- I look forward to the continued prosperity of community. In fact, February 6, 2018, was voted father to all five of their children. While the First Baptist Church in Harrisburg for many Stan Coburn Day in Fort Wayne. I would like still a fugitive slave, he would write the first of years to come. to show appreciation to Stan for his dedication three autobiographies: Narrative of the Life of f to Hoosiers in my district, and congratulate him on reaching this milestone. Frederick Douglass, an American Slave, which RECOGNIZING GRABUONE OUTFIT- remains one of the greatest books ever written TERS FOR THEIR HIT SHOW f in the English language. Mr. Douglass was a ‘‘MISSISSIPPI SNAKE GRAB- IN RECOGNITION OF CHARLIE deeply courageous American who never shied BERS’’ SPANO, UNICAN OF THE YEAR away from confronting evil, even at great per- FOR THE UNICO SCRANTON, sonal risk. He became a world-renown orator PENNSYLVANIA CHAPTER in the cause of abolition, laying bare the hor- HON. GREGG HARPER OF MISSISSIPPI rors of slavery and helping to end that cursed institution in America once and for all. He IN THE HOUSE OF REPRESENTATIVES HON. MATT CARTWRIGHT OF PENNSYLVANIA began and edited his own abolitionist news- Wednesday, February 14, 2018 IN THE HOUSE OF REPRESENTATIVES paper, The North Star. He successfully pub- Mr. HARPER. Mr. Speaker, Scott County, lished his paper until slavery ended, despite Mississippi is home to a one-of-a-kind hobby, Wednesday, February 14, 2018 opposition and persecution from other aboli- known as snake-grabbing. Pioneered by a Mr. CARTWRIGHT. Mr. Speaker, I rise tionists. He met with and served as an advisor group of men who are known as ‘‘Grabuone today to honor Charlie Spano, who has been to President Lincoln during the Civil War, and Outfitters,’’ this hobby has become a way of named the UNICAN of the Year by the Scran- did not hesitate to confront the President di- life, a business venture, and a hit television ton Chapter of UNICO National for their 59th rectly over the treatment of African American show by the title of Mississippi Snake Grab- annual charity ball on February 24, 2018. soldiers in the Union Army. After the Civil War bers. Before his retirement in 2005, Charlie ended, Douglass served four more presidents, The snake-catching venture’s roots started Spano taught elementary students in the fighting to end racial segregation and to get in 1990 when a group of men from Scott Scranton School District. He received a Mas- African Americans and women the right to County began traveling to Lake St John, Lou- ter of Science in elementary administration vote. For his entire life, he worked tirelessly to isiana, for an annual fishing trip, On this trip, with certification from the University of Scran- bring justice to the oppressed and to call one of the fishermen, Jimmie Nichols, reached ton and a Bachelor of Science in education America to live out its highest ideals, remind- over his buddy Rayford Palmer, grabbed a and history from Wilkes University. He also ing us that ‘‘The life of the nation is secure snake off a limb, and pulled it into their boat. served as director of the Bureau of Commu- only while the nation is honest, truthful, and This began a tradition of catching snakes that nity and Student Services for the Pennsylvania virtuous.’’ I would also like to recognize two continues to this day. Department of Education. great organizations that have been founded to A few years later the stories of the snake- Charlie is an active member of his commu- continue Mr. Douglass’ legacy of faith-based catching excursions piqued the interest of oth- nity and has served his neighbors in many ca- activism, moral courage and clarity, and family ers, including Joey Mayes, Joey Rigby, and pacities throughout the years. He has served devotion. The Frederick Douglass Foundation Shane Gibson, whose boat quickly became as the Deputy Director of voter education for was founded in 2009 by Dr. Timothy Johnson, known as the Snake Boat, and it was during Lackawanna County, assisting in outreach Mr. Troy Rolling and Rev. Dean Nelson to en- that time the small group of four started calling providing information on voting systems; As- gage and recruit black activists, community themselves ‘‘Grabuone Outfitters.’’ sistant Manager for Recruiting for the U.S. leaders to become members of the Repub- The group began videoing their snake hunts Census Bureau in Scranton; Chairman of lican Party. The organization has thousands of and attracted even more attention, and that is Scranton City Cable Consumer Advisory Com- members and chapters in over 15 states. The when Brad Vincent and Brent Shorter were mission; a member of the Lincoln Bicentennial Douglass Leadership Institute, founded in added to the group. Brent had originally been Commission of Lackawanna County; a mem- 2015 by Rev. Dean Nelson, a non-partisan or- hired to video Snake Hunt Mississippi Style ber of the 9–11 Memorial Committee in Lacka- ganization which educates, equips and em- Volume II, but after his first trip on the water, wanna County; Chairman of the Board of Di- powers faith-based leaders to embrace and the team had its sixth member. rectors of the Anthracite Heritage Museum

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VerDate Sep 11 2014 03:44 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A14FE8.031 E14FEPT1 SSpencer on DSKBBXCHB2PROD with REMARKS Wednesday, February 14, 2018 Daily Digest Senate Schumer Modified Amendment No. 1958 (to the Chamber Action language proposed to be stricken by Amendment Routine Proceedings, pages S929—S1130 No. 1959), of a perfecting nature. Pages S931–65 Measures Introduced: Six bills and one resolution Durbin (for Coons/McCain) Amendment No. were introduced, as follows: S. 2425–2430, and S. 1955 (to Amendment No. 1958), to provide relief Res. 406. Page S967 from removal and adjustment of status of certain in- dividuals who are long-term United States residents Measures Reported: and who entered the United States before reaching S. 951, to reform the process by which Federal the age of 18, improve border security, foster United agencies analyze and formulate new regulations and States engagement in Central America. Pages S931–32 guidance documents, with an amendment in the na- A motion was entered to close further debate on ture of a substitute. (S. Rept. No. 115–208) Durbin (for Coons/McCain) Amendment No. 1955 Page S967 (to Amendment No. 1958) (listed above), and, in ac- Measures Passed: cordance with the provisions of Rule XXII of the Sergeant Ernest I. ‘‘Boots’’ Thomas VA Clinic: Standing Rules of the Senate, a vote on cloture will Committee on Veterans’ Affairs was discharged from occur on Friday, February 16, 2018. Page S965 further consideration of S. 2246, to designate the A motion was entered to close further debate on health care center of the Department of Veterans Af- McConnell (for Toomey/Cruz) Amendment No.1948 fairs in Tallahassee, Florida, as the Sergeant Ernest (to Amendment No. 1959) (listed above), and, in ac- I. ‘‘Boots’’ Thomas VA Clinic, and the bill was then cordance with the provisions of Rule XXII of the passed. Page S1130 Standing Rules of the Senate, a vote on cloture will occur upon disposition of Durbin (for Coons/McCain) Authorizing Representation by Senate Legal Amendment No. 1955 (to Amendment No. 1958). Counsel: Senate agreed to S. Res. 406, to authorize Page S965 representation by the Senate Legal Counsel in the A motion was entered to close further debate on case of United States v. Ahmed Schumer Modified Amendment No. 1958 (to the Alahmedalabdaloklah. Page S1130 language proposed to be stricken by Amendment Measures Considered: No. 1959) (listed above), and, in accordance with the Broader Options for Americans Act—Agree- provisions of Rule XXII of the Standing Rules of ment: Senate began consideration of H.R. 2579, to the Senate, a vote on cloture will occur upon disposi- amend the Internal Revenue Code of 1986 to allow tion of McConnell (for Toomey/Cruz) Amendment the premium tax credit with respect to unsubsidized No.1948 (to Amendment No. 1959). Page S965 COBRA continuation coverage, after agreeing to the A motion was entered to close further debate on motion to proceed, and taking action on the fol- Grassley Amendment No. 1959, and, in accordance lowing amendments and motions proposed thereto: with the provisions of Rule XXII of the Standing Pages S930–65 Rules of the Senate, a vote on cloture will occur Pending: upon disposition of Schumer Modified Amendment Grassley Amendment No. 1959, in the nature of No. 1958 (to the language proposed to be stricken a substitute. Pages S930–65 by Amendment No. 1959). Page S965 McConnell (for Toomey/Cruz) Amendment A unanimous-consent agreement was reached pro- No.1948 (to Amendment No. 1959), to ensure that viding for further consideration of the bill at ap- State and local law enforcement may cooperate with proximately 10 a.m., on Thursday, February 15, Federal officials to protect our communities from 2018. Page S1130 violent criminals and suspected terrorists who are il- Nominations Confirmed: Senate confirmed the fol- legally present in the United States. Pages S930–31 lowing nominations: D162

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Margaret Weichert, of Georgia, to be Deputy Di- Manpower, Personnel and Services, and Lieutenant rector for Management, Office of Management and General Michael A. Rocco, USMC, Deputy Com- Budget. Pages S965, S1130 mandant for Manpower and Reserve Affairs, all of 2 Coast Guard nominations in the rank of admi- the Department of Defense; Kathy Roth-Douquet, ral. Pages S965, S1130 Blue Star Families, and Kelly B. Hruska, National Messages from the House: Page S967 Military Family Association, both of Washington, D.C.; and J. Michael Haynie, Syracuse University In- Measures Referred: Page S967 stitute for Veterans and Military Families, Syracuse, Enrolled Bills Presented: Page S967 New York. Executive Reports of Committees: Page S967 Additional Cosponsors: Pages S967–69 NOMINATIONS Statements on Introduced Bills/Resolutions: Committee on Commerce, Science, and Transportation: Page S969 Committee concluded a hearing to examine the nominations of Joseph Simons, of Virginia, who was Additional Statements: Pages S966–67 introduced by Senator Hatch, Christine S. Wilson, of Amendments Submitted: Pages S969–S1129 Virginia, who was introduced by Senator Capito, Authorities for Committees to Meet: Noah Joshua Phillips, of Maryland, who was intro- Pages S1129–30 duced by Senator Cornyn, and Rohit Chopra, of New York, each to be a Federal Trade Commissioner, Privileges of the Floor: Page S1130 after the nominees testified and answered questions Adjournment: Senate convened at 10 a.m. and ad- in their own behalf. journed at 7:37 p.m., until 10 a.m. on Thursday, February 15, 2018. (For Senate’s program, see the re- NATIONAL PARKS LEGISLATION marks of the Majority Leader in today’s Record on page S1130.) Committee on Energy and Natural Resources: Sub- committee on National Parks concluded a hearing to Committee Meetings examine S. 400, to establish the Susquehanna Na- tional Heritage Area in the State of Pennsylvania, S. (Committees not listed did not meet) 966, to establish a program to accurately document vehicles that were significant in the history of the READINESS OF U.S. FORCES United States, S. 1160, to include Livingston Coun- Committee on Armed Services: Subcommittee on Readi- ty, the city of Jonesboro in Union County, and the ness and Management Support concluded a hearing city of Freeport in Stephenson County, Illinois, to to examine the current readiness of United States the Lincoln National Heritage Area, S. 1260 and forces, after receiving testimony from General James H.R. 2615, bills to authorize the exchange of certain C. McConville, USA, Vice Chief of Staff of the land located in Gulf Islands National Seashore, Jack- Army, Admiral William F. Moran, USN, Vice Chief son County, Mississippi, between the National Park of Naval Operations, General Glenn M. Walters, Service and the Veterans of Foreign Wars, S. 1335, USMC, Assistant Commandant of the Marine Corps, to establish the Ste. Genevieve National Historic Site and General Stephen W. Wilson, USAF, Vice Chief in the State of Missouri, S. 1446 and H.R. 1135, of Staff of the Air Force, all of the Department of bills to reauthorize the Historically Black Colleges Defense. and Universities Historic Preservation program, S. MILITARY FAMILY READINESS 1472, to reauthorize the Tennessee Civil War Herit- Committee on Armed Services: Subcommittee on Per- age Area, S. 1573, to authorize the Secretary of the sonnel concluded a hearing to examine military and Interior and the Secretary of Agriculture to place civilian personnel programs and military family read- signage on Federal land along the trail known as the iness, including S. 2379, to improve and expand au- ‘‘American Discovery Trail’’, S. 1602, to authorize thorities, programs, services, and benefits for military the Secretary of the Interior to conduct a study to spouses and military families, after receiving testi- assess the suitability and feasibility of designating mony from Robert L. Wilkie, Jr., Under Secretary certain land as the Finger Lakes National Heritage for Personnel and Readiness, Lieutenant General Area, S. 1645, to authorize the Secretary of the Inte- Thomas C. Seamands, USA, Deputy Chief of Staff, rior to conduct a special resource study of P.S. 103 G–1, Vice Admiral Robert P. Burke, USN, Deputy in West Baltimore, Maryland, S. 1646, to authorize Chief of Naval Operations, N–1, Lieutenant General the Secretary of the Interior to conduct a special re- Gina M. Grosso, USAF, Deputy Chief of Staff for source study of President Station in Baltimore,

VerDate Sep 11 2014 05:50 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D14FE8.REC D14FEPT1 SSpencer on DSKBBXCHB2PROD with DIGEST D164 CONGRESSIONAL RECORD — DAILY DIGEST February 14, 2018 Maryland, S. 1692, to authorize the National Emer- prohibit the use of reverse auctions for design and gency Medical Services Memorial Foundation to es- construction services procurements; tablish a commemorative work in the District of Co- S. 2349, to direct the Director of the Office of lumbia and its environs, S. 1956 and H.R. 2897, Management and Budget to establish an interagency bills to authorize the Mayor of the District of Co- working group to study Federal efforts to collect lumbia and the Director of the National Park Service data on sexual violence and to make recommenda- to enter into cooperative management agreements for tions on the harmonization of such efforts; the operation, maintenance, and management of S. 2413, to provide for the appropriate use of units of the National Park System in the District of bridge contracts in Federal procurement, with an Columbia, S. 2102, to clarify the boundary of Acadia amendment; National Park, S. 2213 and H.R. 4300, bills to au- S. 2178, to require the Council of Inspectors Gen- thorize Pacific Historic Parks to establish a com- eral on Integrity and Efficiency to make open rec- memorative display to honor members of the United ommendations of Inspectors General publicly avail- States Armed Forces who served in the Pacific The- able, with an amendment in the nature of a sub- ater of World War II, S. 2225, to reauthorize the stitute; Blue Ridge National Heritage Area, S. 2238, to H.R. 2229, to amend title 5, United States Code, amend the Ohio & Erie Canal National Heritage to provide permanent authority for judicial review of Canalway Act of 1996 to repeal the funding limita- certain Merit Systems Protection Board decisions re- tion, H.R. 1397, to authorize, direct, facilitate, and lating to whistleblowers, with an amendment; expedite the transfer of administrative jurisdiction of S. 931, to designate the facility of the United certain Federal land, and H.R. 1500, to redesignate States Postal Service located at 4910 Brighton Bou- the small triangular property located in Washington, levard in Denver, Colorado, as the ‘‘George Sakato DC, and designated by the National Park Service as Post Office’’; reservation 302 as ‘‘Robert Emmet Park’’, after re- S. 2040, to designate the facility of the United ceiving testimony from P. Daniel Smith, Deputy Di- States Postal Service located at 621 Kansas Avenue rector, Exercising the Authority of the Director of in Atchison, Kansas, as the ‘‘ Post the National Park Service, Department of the Inte- Office Building’’; rior. H.R. 294, to designate the facility of the United States Postal Service located at 2700 Cullen Boule- BUDGET vard in Pearland, Texas, as the ‘‘Endy Nddiobong Committee on Finance: Committee concluded a hearing Ekpanya Post Office Building’’; to examine the President’s proposed budget request H.R. 452, to designate the facility of the United for fiscal year 2019, after receiving testimony from States Postal Service located at 324 West Saint Louis Steven T. Mnuchin, Secretary of the Treasury. Street in Pacific, Missouri, as the ‘‘Specialist Jeffrey L. White, Jr. Post Office’’; BUDGET H.R. 1207, to designate the facility of the United Committee on Finance: Committee concluded a hearing States Postal Service located at 306 River Street in to examine the President’s proposed budget request Tilden, Texas, as the ‘‘Tilden Veterans Post Office’’; for fiscal year 2019, after receiving testimony from H.R. 1208, to designate the facility of the United David J. Kautter, Acting Commissioner, Internal States Postal Service located at 9155 Schaefer Road, Revenue Service, Department of the Treasury. Converse, Texas, as the ‘‘Converse Veterans Post Of- fice Building’’; BUSINESS MEETING H.R. 1858, to designate the facility of the United Committee on Homeland Security and Governmental Af- States Postal Service located at 4514 Williamson fairs: Committee ordered favorably reported the fol- Trail in Liberty, Pennsylvania, as the ‘‘Staff Sergeant lowing business items: Ryan Scott Ostrom Post Office’’; S. 2221, to repeal the multi-State plan program, H.R. 1988, to designate the facility of the United with an amendment in the nature of a substitute; States Postal Service located at 1730 18th Street in S. 2296, to increase access to agency guidance Bakersfield, California, as the ‘‘Merle Haggard Post documents, with an amendment in the nature of a Office Building’’; substitute; H.R. 2254, to designate the facility of the United S. 2400, to eliminate or modify certain audit States Postal Service located at 2635 Napa Street in mandates of the Government Accountability Office; Vallejo, California, as the ‘‘Janet Capello Post Office S. 2113, to amend title 41, United States Code, Building’’; to improve the manner in which Federal contracts H.R. 2302, to designate the facility of the United for design and construction services are awarded, to States Postal Service located at 259 Nassau Street,

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Suite 2 in Princeton, New Jersey, as the ‘‘Dr. John chusetts, to be Deputy Director, both of the Office F. Nash, Jr. Post Office’’; of Personnel Management. H.R. 2464, to designate the facility of the United BUSINESS MEETING States Postal Service located at 25 New Chardon Street Lobby in Boston, Massachusetts, as the ‘‘John Committee on Indian Affairs: Committee ordered favor- Fitzgerald Kennedy Post Office’’; ably reported the following business items: H.R. 2672, to designate the facility of the United S. 995, to provide for equitable compensation to States Postal Service located at 520 Carter Street in the Spokane Tribe of Indians of the Spokane Res- Fairview, Illinois, as the ‘‘Sgt. Douglas J. Riney Post ervation for the use of tribal land for the production Office’’; of hydropower by the Grand Coulee Dam, with an H.R. 2815, to designate the facility of the United amendment; and S. 1953, to amend the Tribal Law and Order Act States Postal Service located at 30 East Somerset of 2010 and the Indian Law Enforcement Reform Street in Raritan, New Jersey, as the ‘‘Gunnery Ser- Act to provide for advancements in public safety geant John Basilone Post Office’’; services to Indian communities, with an amendment H.R. 2873, to designate the facility of the United in the nature of a substitute. States Postal Service located at 207 Glenside Avenue in Wyncote, Pennsylvania, as the ‘‘Staff Sergeant NATIVE AMERICANS AND THE 2020 Peter Taub Post Office Building’’; CENSUS OVERSIGHT H.R. 3109, to designate the facility of the United Committee on Indian Affairs: Committee concluded an States Postal Service located at 1114 North 2nd oversight hearing to examine Native Americans and Street in Chillicothe, Illinois, as the ‘‘Sr. Chief Ryan the 2020 Census, after receiving testimony from Ron Owens Post Office Building’’; Jarmin, Performing the Non-Exclusive Functions H.R. 3369, to designate the facility of the United and Duties of the Director, Census Bureau; Carol States Postal Service located at 225 North Main Gore, Cook Inlet Housing Authority, Anchorage, Street in Spring Lake, North Carolina, as the ‘‘How- Alaska; Jefferson Keel, National Congress of Amer- ard B. Pate, Jr. Post Office’’; ican Indians, Washington, D.C.; and James Thomas H.R. 3638, to designate the facility of the United Tucker, Native American Rights Fund, Las Vegas, States Postal Service located at 1100 Kings Road in Nevada. Jacksonville, Florida, as the ‘‘Rutledge Pearson Post NOMINATIONS Office Building’’; H.R. 3655, to designate the facility of the United Committee on the Judiciary: Committee concluded a States Postal Service located at 1300 Main Street in hearing to examine the nominations of Joel M. Car- Belmar, New Jersey, as the ‘‘Dr. Walter S. McAfee son III, of New Mexico, to be United States Circuit Post Office Building’’; Judge for the Tenth Circuit, who was introduced by H.R. 3821, to designate the facility of the United Senator Udall, Colm F. Connolly, and Maryellen States Postal Service located at 430 Main Street in Noreika, both to be a United States District Judge Clermont, Georgia, as the ‘‘Zach T. Addington Post for the District of Delaware, who were introduced by Office’’; Senator Carper, William F. Jung, to be United States District Judge for the Middle District of Flor- H.R. 3893, to designate the facility of the United ida, who was introduced by Senator Nelson, and States Postal Service located at 100 Mathe Avenue in Ryan T. Holte, of Ohio, to be a Judge of the United Interlachen, Florida, as the ‘‘Robert H. Jenkins, Jr. States Court of Federal Claims, after the nominees Post Office’’; testified and answered questions in their own behalf. H.R. 4042, to designate the facility of the United States Postal Service located at 1415 West Oak NOMINATIONS Street, in Kissimmee, Florida, as the ‘‘Borinqueneers Committee on Small Business and Entrepreneurship: Com- Post Office Building’’; mittee concluded a hearing to examine the nomina- H.R. 4285, to designate the facility of the United tions of David Christian Tryon, of Ohio, to be Chief States Postal Service located at 123 Bridgeton Pike Counsel for Advocacy, who was introduced by Rep- in Mullica Hill, New Jersey, as the ‘‘James C. ‘Billy’ resentative Chabot, and Hannibal Ware, of the Vir- Johnson Post Office Building’’; and gin Islands, to be Inspector General, both of the The nominations of Jeff Tien Han Pon, of Vir- Small Business Administration, after the nominees ginia, to be Director, and Michael Rigas, of Massa- testified and answered questions in their own behalf.

VerDate Sep 11 2014 05:50 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D14FE8.REC D14FEPT1 SSpencer on DSKBBXCHB2PROD with DIGEST D166 CONGRESSIONAL RECORD — DAILY DIGEST February 14, 2018 House of Representatives caust: The House agreed to discharge from com- Chamber Action mittee and agreed to H. Con. Res. 103, authorizing Public Bills and Resolutions Introduced: 19 pub- the use of Emancipation Hall for a ceremony as part lic bills, H.R. 5011–5029; and 1 resolution, H. Res. of the commemoration of the days of remembrance 738 were introduced. Pages H1177–78 of victims of the Holocaust. Page H1147 Additional Cosponsors: Pages H1178–79 TRID Improvement Act: The House passed H.R. Reports Filed: There were no reports filed today. 3978, to amend the Real Estate Settlement Proce- dures Act of 1974 to modify requirements related to Speaker: Read a letter from the Speaker wherein he mortgage disclosures, by a yea-and-nay vote of 271 appointed Representative Fitzpatrick to act as Speak- yeas to 145 nays, Roll No. 77. Pages H1155–69 er pro tempore for today. Page H1129 Rejected Capuano the motion to recommit the Recess: The House recessed at 10:41 a.m. and re- bill to the Committee on Financial Services with in- convened at 12 noon. Page H1133 structions to report the same back to the House Suspensions—Proceedings Resumed: The House forthwith with an amendment, by a yea-and-nay vote agreed to suspend the rules and pass the following of 189 yeas to 228 nays, Roll No. 76. Pages H1166–68 Pursuant to the Rule, an amendment in the na- measures. Consideration began Tuesday, February ture of a substitute consisting of the text of Rules 13th. Committee Print 115–59, modified by the amend- Hamas Human Shields Prevention Act: H.R. ment printed in part B of H. Rept. 115–559, shall 3542, amended, to impose sanctions against Hamas be considered as adopted. Page H1155 for gross violations of internationally recognized Agreed to: human rights by reason of the use of civilians as Foster amendment (No. 1 printed in part C of H. human shields, by a 2⁄3 yea-and-nay vote of 415 yeas Rept. 115–559) that clarifies that the requirement with none voting ‘‘nay’’, Roll No. 74; Page H1146 applies only to proprietary source code related to al- Agreed to amend the title so as to read: ‘‘To im- gorithmic trading, which contains prescriptive infor- pose sanctions against Hamas for violating univer- mation. Page H1165 sally applicable international laws of armed conflict H. Res. 736, the rule providing for consideration by intentionally using civilians and civilian property of the bills (H.R. 620), (H.R. 3299), and (H.R. to shield military objectives from lawful attack, and 3978) was agreed to by a recorded vote of 227 ayes for other purposes.’’; Page H1146 to 187 noes, Roll No. 73, after the previous question Calling on the Department of Defense, other was ordered by a yea-and-nay vote of 228 yeas to elements of the Federal Government, and foreign 187 nays, Roll No. 72. Pages H1136–46 governments to intensify efforts to investigate, re- Protecting Consumers’ Access to Credit Act: The cover, and identify all missing and unaccounted- House passed H.R. 3299, to amend the Revised for personnel of the United States: H. Res. 129, Statutes, the Home Owners’ Loan Act, the Federal amended, calling on the Department of Defense, Credit Union Act, and the Federal Deposit Insurance other elements of the Federal Government, and for- Act to require the rate of interest on certain loans eign governments to intensify efforts to investigate, remain unchanged after transfer of the loan, by a recover, and identify all missing and unaccounted-for yea-and-nay vote of 245 yeas to 171 nays, Roll No. personnel of the United States, by a 2⁄3 yea-and-nay 78. Pages H1147–55, H1169 vote of 411 yeas with none voting ‘‘nay’’, Roll No. H. Res. 736, the rule providing for consideration 75; and Page H1147 of the bills (H.R. 620), (H.R. 3299), and (H.R. Agreed to amend the title so as to read: ‘‘Calling 3978) was agreed to by a recorded vote of 227 ayes on the Department of Defense, other appropriate ele- to 187 noes, Roll No. 73, after the previous question ments of the Federal Government, and foreign gov- was ordered by a yea-and-nay vote of 228 yeas to ernments to resolutely continue efforts to investigate, 187 nays, Roll No. 72. Pages H1136–46 recover, and identify all United States personnel des- Meeting Hour: Agreed by unanimous consent that ignated as unaccounted-for from past wars and con- when the House adjourns today, it adjourn to meet flicts around the world.’’. Page H1147 at 9 a.m. tomorrow, February 15th. Page H1169 Authorizing the use of Emancipation Hall for a Quorum Calls—Votes: Six yea-and-nay votes and ceremony as part of the commemoration of the one recorded vote developed during the proceedings days of remembrance of victims of the Holo- of today and appear on pages H1145, H1145–46,

VerDate Sep 11 2014 05:50 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D14FE8.REC D14FEPT1 SSpencer on DSKBBXCHB2PROD with DIGEST February 14, 2018 CONGRESSIONAL RECORD — DAILY DIGEST D167 H1146, H1147, H1167–68, H1168–69, and ‘‘Examining the Impact of Health Care Consolida- H1169. There were no quorum calls. tion’’. Testimony was heard from public witnesses. Adjournment: The House met at 10 a.m. and ad- journed at 6:20 p.m. NEW SOURCE REVIEW PERMITTING CHALLENGES FOR MANUFACTURING AND Committee Meetings INFRASTRUCTURE Committee on Energy and Commerce: Subcommittee on THE MILITARY AND SECURITY Environment held a hearing entitled ‘‘New Source CHALLENGES AND POSTURE IN THE INDO- Review Permitting Challenges for Manufacturing PACIFIC REGION and Infrastructure’’. Testimony was heard from pub- Committee on Armed Services: Full Committee held a lic witnesses. hearing entitled ‘‘The Military and Security Chal- lenges and Posture in the Indo-Pacific Region’’. Tes- MISCELLANEOUS MEASURES timony was heard from Admiral Harry Harris, Jr., Committee on Energy and Commerce: Committee on En- Commander, U.S. Pacific Command. ergy and Commerce held a markup on H.R. 3477, AIR FORCE READINESS POSTURE the ‘‘Ceiling Fan Energy Conservation Harmoni- Committee on Armed Services: Subcommittee on Readi- zation Act’’; H.R. 1876, the ‘‘Good Samaritan ness held a hearing entitled ‘‘Air Force Readiness Health Professionals Act of 2017’’; and H.R. 4986, Posture’’. Testimony was heard from the following the ‘‘FCC Reauthorization Act of 2018’’. H.R. 3477 U.S. Air Force officials: Lieutenant General Mark C. was ordered reported, without amendment. H.R. Nowland, Deputy Chief of Staff for Operations; 1876 and H.R. 4986 were ordered reported, as Lieutenant General Scott L. Rice, Director, Air Na- amended. tional Guard; and Major General Derek P. Rydholm, Deputy to the Chief of Air Force Reserve. EXAMINING THE CURRENT DATA SECURITY AND BREACH NOTIFICATION THE PRESIDENT’S FISCAL YEAR 2019 REGULATORY REGIME BUDGET Committee on Financial Services: Subcommittee on Fi- Committee on the Budget: Full Committee held a hear- nancial Institutions and Consumer Credit held a ing entitled ‘‘The President’s Fiscal Year 2019 hearing entitled ‘‘Examining the Current Data Secu- Budget’’. Testimony was heard from Mick Mulvaney, rity and Breach Notification Regulatory Regime’’. Director, Office of Management and Budget. Testimony was heard from public witnesses. EXAMINING THE GOVERNMENT’S MANAGEMENT OF NATIVE AMERICAN LEGISLATIVE PROPOSALS REGARDING SCHOOLS DERIVATIVES Committee on Education and the Workforce: Sub- Committee on Financial Services: Subcommittee on Cap- committee on Early Childhood, Elementary, and Sec- ital Markets, Securities, and Investment held a hear- ondary Education held a hearing entitled ‘‘Exam- ing entitled ‘‘Legislative Proposals Regarding De- ining the Government’s Management of Native rivatives’’. Testimony was heard from public wit- American Schools’’. Testimony was heard from Tony nesses. Dearman, Director, Bureau of Indian Education, De- partment of the Interior. MODERNIZING FOOD AID: IMPROVING EFFECTIVENESS AND SAVING LIVES OVERSIGHT OF THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION Committee on Foreign Affairs: Full Committee held a hearing entitled ‘‘Modernizing Food Aid: Improving Committee on Energy and Commerce: Subcommittee on Effectiveness and Saving Lives’’. Testimony was Digital Commerce and Consumer Protection held a heard from public witnesses. hearing entitled ‘‘Oversight of the National High- way Traffic Safety Administration’’. Testimony was ISRAEL, THE PALESTINIANS, AND THE heard from Heidi King, Deputy Administrator, Na- ADMINISTRATION’S PEACE PLAN tional Highway Traffic Safety Administration. Committee on Foreign Affairs: Subcommittee on the EXAMINING THE IMPACT OF HEALTH Middle East and North Africa held a hearing enti- CARE CONSOLIDATION tled ‘‘Israel, the Palestinians, and the Administra- Committee on Energy and Commerce: Subcommittee on tion’s Peace Plan’’. Testimony was heard from public Oversight and Investigations held a hearing entitled witnesses.

VerDate Sep 11 2014 05:50 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D14FE8.REC D14FEPT1 SSpencer on DSKBBXCHB2PROD with DIGEST D168 CONGRESSIONAL RECORD — DAILY DIGEST February 14, 2018 ADVANCING U.S. INTERESTS THROUGH views and estimates for fiscal year 2019 were adopt- THE ORGANIZATION OF AMERICAN ed. STATES JOB CREATION, COMPETITION, AND Committee on Foreign Affairs: Subcommittee on the SMALL BUSINESS’ ROLE IN THE UNITED Western Hemisphere held a hearing entitled ‘‘Ad- STATES ECONOMY vancing U.S. Interests Through the Organization of American States’’. Testimony was heard from Thom- Committee on Small Business: Full Committee held a as Melito, Director, International Affairs and Trade, hearing entitled ‘‘Job Creation, Competition, and Government Accountability Office; and public wit- Small Business’ Role in the United States Economy’’. nesses. Testimony was heard from public witnesses. MISCELLANEOUS MEASURES MISCELLANEOUS MEASURES Committee on Natural Resources: Full Committee held Committee on Transportation and Infrastructure: Full a markup on H.R. 835, to update the map of, and Committee held a markup on fiscal year 2019 budg- modify the maximum acreage available for inclusion et views and estimates, and Committee rosters; H.R. in, the Florissant Fossil Beds National Monument; 4921, the ‘‘STB Information Security Improvement H.R. 4134, the ‘‘Cecil D. Andrus-White Clouds Act’’; and H.R. 4925, the ‘‘FRA Safety Data Im- Wilderness Redesignation Act’’; and H.R. 4895, the provement Act’’. The Committee’s fiscal year 2019 ‘‘Medgar Evers National Monument Act’’. H.R. 835 budget views and estimates, and Full Committee and and H.R. 4134 were ordered reported, without Subcommittee rosters, were approved. H.R. 4921 amendment. H.R. 4895 was ordered reported, as was ordered reported, as amended. H.R. 4925 was amended. ordered reported, without amendment. THE STATE OF THE NATION’S WATER THE DEPARTMENT OF HEALTH AND AND POWER INFRASTRUCTURE HUMAN SERVICES’ FISCAL YEAR 2019 Committee on Natural Resources: Subcommittee on BUDGET REQUEST Water, Power and Oceans held a hearing entitled Committee on Ways and Means: Full Committee held ‘‘The State of the Nation’s Water and Power Infra- a hearing entitled ‘‘The Department of Health and structure’’. Testimony was heard from public wit- Human Services’ Fiscal Year 2019 Budget Request’’. nesses. Testimony was heard from Alex Azar, Secretary, De- GAME CHANGERS: ARTIFICIAL partment of Health and Human Services. INTELLIGENCE PART I Committee on Oversight and Government Reform: Sub- Joint Meetings committee on Information Technology held a hear- No joint committee meetings were held. ing entitled ‘‘Game Changers: Artificial Intelligence f Part I’’. Testimony was heard from public witnesses. COMMITTEE MEETINGS FOR THURSDAY, BEYOND BITCOIN: EMERGING FEBRUARY 15, 2018 APPLICATIONS FOR BLOCKCHAIN TECHNOLOGY (Committee meetings are open unless otherwise indicated) Committee on Science, Space, and Technology: Sub- Senate committee on Oversight; and Subcommittee on Re- Committee on Agriculture, Nutrition, and Forestry: to hold search and Technology held a joint hearing entitled hearings to examine the state of the Commodity Futures ‘‘Beyond Bitcoin: Emerging Applications for Trading Commission, focusing on pending rules, Blockchain Technology’’. Testimony was heard from cryptocurrency regulation, and cross-border agreements, Chris A. Jaikaran, Analyst in Cybersecurity Policy, 9:30 a.m., SR–328A. Government and Finance Division, Congressional Committee on Armed Services: to hold hearings to examine United States Northern Command and United States Research Service, Library of Congress; Charles H. Southern Command in review of the Defense Authoriza- Romine, Director, Information Technology Labora- tion Request for fiscal year 2019 and the Future Years tory, National Institute of Standards and Tech- Defense Program, 9:30 a.m., SD–G50. nology; and public witnesses. Committee on Finance: business meeting to consider the MISCELLANEOUS MEASURE nominations of Dennis Shea, of Virginia, to be a Deputy United States Trade Representative (Geneva Office), with Committee on Small Business: Full Committee held a the rank of Ambassador, and C. J. Mahoney, of Kansas, markup on the Committee’s budget views and esti- to be a Deputy United States Trade Representative (In- mates for fiscal year 2019. The Committee’s budget vestment, Services, Labor, Environment, Africa, China,

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and the Western Hemisphere), with the rank of Ambas- Committee on Financial Services, Subcommittee on Finan- sador; to be immediately followed by a hearing to exam- cial Institutions and Consumer Credit, hearing entitled ine the President’s proposed budget request for fiscal year ‘‘Examining De-risking and its Effect on Access to Finan- 2019, 9 a.m., SD–215. cial Services’’, 9:30 a.m., 2128 Rayburn. Committee on Foreign Relations: to hold hearings to exam- Committee on Homeland Security, Subcommittee on Cy- ine the nominations of Andrea L. Thompson, of South bersecurity and Infrastructure Protection, hearing entitled Dakota, to be Under Secretary for Arms Control and ‘‘Industry Views of the Chemical Facility Anti-Terrorism International Security, Susan A. Thornton, of Maine, to Standards Program’’, 10 a.m., HVC–210. be an Assistant Secretary (East Asian and Pacific Affairs), Committee on the Judiciary, Subcommittee on Immigra- and Francis R. Fannon, of Virginia, to be an Assistant tion and Border Security, hearing entitled ‘‘The Effect of Secretary (Energy Resources), all of Department of State, Sanctuary City Policies on the Ability to Combat the 10 a.m., SD–419. Opioid Epidemic’’, 9 a.m., 2141 Rayburn. Committee on the Judiciary: business meeting to consider Committee on Natural Resources, Subcommittee on Over- S. 1917, to reform sentencing laws and correctional insti- sight and Investigations, hearing entitled ‘‘The Costs of tutions, and the nominations of Michael B. Brennan, of Denying Border Patrol Access: Our Environment and Se- Wisconsin, to be United States Circuit Judge for the Sev- curity’’, 10 a.m., 1324 Longworth. enth Circuit, Susan Paradise Baxter, and Marilyn Jean Subcommittee on Energy and Mineral Resources, hear- Horan, both to be a United States District Judge for the ing on H.R. 520, the ‘‘National Strategic and Critical Western District of Pennsylvania, Daniel Desmond Domenico, to be United States District Judge for the Minerals Production Act’’, 2 p.m., 1324 Longworth. District of Colorado, Adam I. Klein, of the District of Subcommittee on Federal Lands, hearing on H.R. Columbia, to be Chairman and Member of the Privacy 2591, the ‘‘Modernizing the Pittman-Robertson Fund for and Civil Liberties Oversight Board, McGregor W. Scott, Tomorrow’s Needs Act of 2017’’; H.R. 4429, the ‘‘Cor- to be United States Attorney for the Eastern District of morant Control Act’’; H.R. 4609, the ‘‘West Fork Fire California, Gary G. Schofield, to be United States Mar- Station Act of 2017’’; H.R. 4647, the ‘‘Recovering Amer- shal for the District of Nevada for the term of four years, ica’s Wildlife Act’’; and H.R. 4851, the ‘‘Kennedy-King and Jonathan F. Mitchell, of Washington, to be Chair- Establishment Act of 2018’’, 2:30 p.m., 1324 Longworth. man of the Administrative Conference of the United Committee on Oversight and Government Reform, Sub- States, 10 a.m., SD–226. committee on Government Operations hearing entitled Select Committee on Intelligence: closed business meeting ‘‘General Services Administration—Checking in with the to consider pending calendar business; to be immediately Government’s Acquisition and Property Manager’’, 10 followed by a closed briefing regarding certain intel- a.m., 2154 Rayburn. ligence matters, 2 p.m., SH–219. Committee on Science, Space, and Technology, Subcommittee on Research and Technology, hearing entitled ‘‘Men- House toring, Training, and Apprenticeships for STEM Edu- Committee on Armed Services, Full Committee, hearing cation and Careers’’, 9 a.m., 2318 Rayburn. entitled ‘‘Strategic Competition with China’’, 10 a.m., Committee on Small Business, Subcommittee on Agri- 2118 Rayburn. culture, Energy, and Trade, hearing entitled ‘‘Restoring Subcommittee on Emerging Threats and Capabilities, Rural America: How Agritech is Revitalizing the Heart- hearing entitled ‘‘Evolution, Transformation, and land’’, 9:30 a.m., 2360 Rayburn. Sustainment: A Review and Assessment of the Fiscal Year Committee on Transportation and Infrastructure, Sub- 2019 Budget Request for U.S. Special Operations Forces committee on Railroads, Pipelines, and Hazardous Mate- and Command’’, 2 p.m., 2212 Rayburn. rials, hearing entitled ‘‘Oversight of Positive Train Con- Committee on Education and the Workforce, Subcommittee trol Implementation in the United States’’, 9:30 a.m., on Health, Employment, Labor, and Pensions; and Sub- 2167 Rayburn. committee on Workforce Protections, joint hearing enti- Committee on Veterans’ Affairs, Full Committee, hearing tled ‘‘The Opioids Epidemic: Implications for America’s entitled ‘‘U.S. Department of Veterans Affairs Budget Re- Workplaces’’, 10 a.m., 2175 Rayburn. quest for Fiscal Year 2019’’, 10:30 a.m., 334 Cannon. Committee on Energy and Commerce, Subcommittee on Committee on Ways and Means, Full Committee, hearing Health, hearing entitled ‘‘Oversight of the Department of entitled ‘‘The President’s Fiscal Year 2019 Budget Pro- Health and Human Services’’, 12:30 p.m., 2123 Rayburn. posals’’, 10 a.m., 1100 Longworth.

VerDate Sep 11 2014 05:50 Feb 15, 2018 Jkt 079060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D14FE8.REC D14FEPT1 SSpencer on DSKBBXCHB2PROD with DIGEST D170 CONGRESSIONAL RECORD — DAILY DIGEST February 14, 2018

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Thursday, February 15 9 a.m., Thursday, February 15

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Thursday: Complete consideration of H.R. ation of H.R. 2579, Broader Options for Americans Act. 620—ADA Education and Reform Act.

Extensions of Remarks, as inserted in this issue

HOUSE Gutie´rrez, Luis V., Ill., E182 Norton, Eleanor Holmes, The District of Columbia, Harper, Gregg, Miss., E188 E186 Banks, Jim, Ind., E182, E188 Hastings, Alcee L., Fla., E185 Nunes, Devin, Calif., E183 Bishop, Sanford D., Jr., Ga, E182, E184, E187 Huffman, Jared, Calif., E182 Roby, Martha, Ala., E181 Blumenauer, Earl, Ore., E186 Huizenga, Bill, Mich., E188 Roskam, Peter J., Ill., E181 Blunt Rochester, Lisa, Del., E187 Jeffries, Hakeem S., N.Y., E183 Rutherford, John H., Fla., E182, E187 Cartwright, Matt, Pa., E182, E186, E188 Kind, Ron, Wisc., E181 Castro, Joaquin, Tex., E183 Kuster, Ann M., N.H., E185 Shimkus, John, Ill., E188 Dingell, Debbie, Mich., E186 LaMalfa, Doug, Calif., E181 Stefanik, Elise M., N.Y., E185, E187 Doyle, Michael F., Pa., E184 LoBiondo, Frank A., N.J., E185 Wilson, Joe, S.C., E183 Gonzalez, Vicente, Tex., E185 Messer, Luke, Ind., E183

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