[Pages S1118-S1124]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2010. Mr. ROUNDS (for himself, Mr. King, Ms. Collins, Mr. Manchin, 
Mr. Graham, Mr. Kaine, Mr. Flake, Mr. Coons, Mr. Gardner, Ms. Heitkamp, 
Ms. Murkowski, Mrs. Shaheen, Mr. Alexander, Ms. Klobuchar, Mr. Isakson, 
and Mr. Warner) submitted an amendment intended to be proposed by him 
to the bill H.R. 2579, to amend the Internal Revenue Code of 1986 to 
allow the premium tax credit with respect to unsubsidized COBRA 
continuation coverage; which was ordered to lie on the table; as 
follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Immigration Security and 
     Opportunity Act''.

     SEC. 2. CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS FOR 
                   CERTAIN LONG-TERM RESIDENTS WHO ENTERED THE 
                   UNITED STATES AS CHILDREN.

       (a) In General.--Chapter 4 of title II of the Immigration 
     and Nationality Act (8 U.S.C. 1221 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 244A. CANCELLATION OF REMOVAL FOR CERTAIN LONG-TERM 
                   RESIDENTS WHO ENTERED THE UNITED STATES AS 
                   CHILDREN.

       ``(a) Definitions.--In this section:
       ``(1) Applicable federal tax liability.--The term 
     `applicable Federal tax liability' means liability for 
     Federal taxes imposed under the Internal Revenue Code of 
     1986, including any penalties and interest on Federal taxes 
     imposed under that Code.
       ``(2) Armed forces.--The term `Armed Forces' has the 
     meaning given the term `armed forces' in section 101 of title 
     10, United States Code.
       ``(3) DACA.--The term `DACA' means the deferred action for 
     childhood arrivals policy described in the memorandum issued 
     by the

[[Page S1119]]

     Secretary dated June 15, 2012 (rescinded on September 5, 
     2017).
       ``(4) DACA recipient.--The term `DACA recipient' means an 
     alien who was granted and remained in deferred action status 
     under DACA.
       ``(5) Disability.--The term `disability' has the meaning 
     given the term in section 3(1) of the Americans with 
     Disabilities Act of 1990 (42 U.S.C. 12102(1)).
       ``(6) Early childhood education program.--The term `early 
     childhood education program' has the meaning given the term 
     in section 103 of the Higher Education Act of 1965 (20 U.S.C. 
     1003).
       ``(7) Elementary school.--The term `elementary school' has 
     the meaning given the term in section 8101 of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 7801).
       ``(8) Felony.--
       ``(A) In general.--The term `felony' means a Federal, 
     State, or local criminal offense punishable by imprisonment 
     for a term that exceeds 1 year.
       ``(B) Exclusion.--The term `felony' does not include a 
     State or local criminal offense for which an essential 
     element is the immigration status of an alien.
       ``(9) High school.--The term `high school' has the meaning 
     given the term in section 8101 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7801).
       ``(10) Institution of higher education.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the term `institution of higher education' has the meaning 
     given the term in section 102 of the Higher Education Act of 
     1965 (20 U.S.C. 1002).
       ``(B) Exclusion.--The term `institution of higher 
     education' does not include an institution of higher 
     education outside the United States.
       ``(11) Misdemeanor.--
       ``(A) In general.--The term `misdemeanor' means a Federal, 
     State, or local criminal offense for which--
       ``(i) the maximum term of imprisonment is--

       ``(I) greater than 5 days; and
       ``(II) not greater than 1 year; and

       ``(ii) the individual was sentenced to time in custody of 
     90 days or less.
       ``(B) Exclusion.--The term `misdemeanor' does not include a 
     State or local offense for which an essential element is--
       ``(i) the immigration status of the alien;
       ``(ii) a significant misdemeanor; or
       ``(iii) a minor traffic offense.
       ``(12) Permanent resident status on a conditional basis.--
     The term `permanent resident status on a conditional basis' 
     means status as an alien lawfully admitted for permanent 
     residence on a conditional basis under this section.
       ``(13) Poverty line.--The term `poverty line' has the 
     meaning given the term in section 673 of the Community 
     Services Block Grant Act (42 U.S.C. 9902).
       ``(14) Secondary school.--The term `secondary school' has 
     the meaning given the term in section 8101 of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 7801).
       ``(15) Secretary.--The term `Secretary' means the Secretary 
     of Homeland Security.
       ``(16) Significant misdemeanor.--
       ``(A) In general.--The term `significant misdemeanor' means 
     a Federal, State, or local criminal offense--
       ``(i) for which the maximum term of imprisonment is--

       ``(I) more than 5 days; and
       ``(II) not more than 1 year; and

       ``(ii)(I) that, regardless of the sentence imposed, is--

       ``(aa) a crime of domestic violence (as defined in section 
     237(a)(2)(E)(i)); or
       ``(bb) an offense of--

       ``(AA) sexual abuse or exploitation;
       ``(BB) burglary;
       ``(CC) unlawful possession or use of a firearm;
       ``(DD) drug distribution or trafficking; or
       ``(EE) driving under the influence, if the applicable State 
     law requires, as elements of the offense, the operation of a 
     motor vehicle and a finding of impairment or a blood alcohol 
     content equal to or greater than .08; or
       ``(II) that resulted in a sentence of time in custody of 
     more than 90 days.
       ``(B) Exclusion.--The term `significant misdemeanor' does 
     not include a State or local offense for which an essential 
     element is the immigration status of an alien.
       ``(17) Uniformed services.--The term `Uniformed Services' 
     has the meaning given the term `uniformed services' in 
     section 101(a) of title 10, United States Code.
       ``(b) In General.--Notwithstanding any other provision of 
     law, the Secretary shall cancel the removal of, and adjust to 
     the status of an alien lawfully admitted for permanent 
     residence on a conditional basis, an alien who is 
     inadmissible to, or deportable from, the United States if--
       ``(1) the alien is a DACA recipient; or
       ``(2)(A) the alien has been continuously physically present 
     in the United States since June 15, 2012;
       ``(B) the alien was younger than 18 years of age on the 
     date on which the alien initially entered the United States;
       ``(C) subject to subsections (c) and (d), the alien--
       ``(i) is not inadmissible under paragraph (2), (3), (6)(E), 
     (6)(G), (8), (10)(A), (10)(C), or (10)(D) of section 212(a);
       ``(ii) has not ordered, incited, assisted, or otherwise 
     participated in the persecution of any person on account of 
     race, religion, nationality, membership in a particular 
     social group, or political opinion; and
       ``(iii) has not been convicted of--
       ``(I) a felony;
       ``(II) a significant misdemeanor; or
       ``(III) 3 or more misdemeanors--

       ``(aa) not occurring on the same date; and
       ``(bb) not arising out of the same act, omission, or scheme 
     of misconduct;

       ``(D) the alien--
       ``(i) has been admitted to an institution of higher 
     education;
       ``(ii)(I) has earned a high school diploma or a 
     commensurate alternative award from a public or private high 
     school; or
       ``(II) has obtained--
       ``(aa) a general education development certificate 
     recognized under State law; or
       ``(bb) a high school equivalency diploma in the United 
     States;
       ``(iii) is enrolled in--
       ``(I) secondary school; or
       ``(II) an education program assisting student in--

       ``(aa) obtaining--

       ``(AA) a regular high school diploma; or
       ``(BB) the recognized equivalent of a regular high school 
     diploma; or

       ``(bb) passing--

       ``(AA) a general educational development exam;
       ``(BB) a high school equivalence diploma examination; or
       ``(CC) any other similar State-authorized exam; or
       ``(iv)(I) has served, is serving, or has enlisted in the 
     Armed Forces; or
       ``(II) in the case of an alien who has been discharged from 
     the Armed Forces, has received an honorable discharge;
       ``(E)(i) the alien has paid any applicable Federal tax 
     liability incurred by the alien during the entire period for 
     which the alien was authorized to work in the United States; 
     or
       ``(ii) the alien has entered into an agreement to pay, 
     through a payment installment plan approved by the 
     Commissioner of Internal Revenue, any applicable Federal tax 
     liability incurred by the alien during the entire period for 
     which the alien was authorized to work in the United States; 
     and
       ``(F) the alien was under the age of 38 years on June 15, 
     2012.
       ``(c) Waiver.--
       ``(1) In general.--With respect to any benefit under this 
     section, the Secretary may, on a case-by-case basis, waive a 
     ground of inadmissibility under paragraph (2), (6)(E), 
     (6)(G), or (10)(D) of section 212(a)--
       ``(A) for humanitarian purposes; or
       ``(B) if the waiver is otherwise in the public interest.
       ``(2) Quarterly report.--Not later than 180 days after the 
     date of enactment of this section, and quarterly thereafter, 
     the Secretary shall submit to Congress a report that 
     identifies, for the preceding quarter--
       ``(A) the number of waivers requested by aliens under 
     paragraph (1);
       ``(B) the number of waiver requests granted by the 
     Secretary under that paragraph; and
       ``(C) the number of waiver requests denied by the Secretary 
     under that paragraph.
       ``(d) Treatment of Expunged Convictions.--
       ``(1) In general.--An expunged conviction shall not 
     automatically be treated as a conviction referred to in 
     subsection (b)(2)(C)(iii), (o)(3)(A)(iii), or 
     (p)(1)(A)(i)(III).
       ``(2) Case-by-case evaluation.--The Secretary shall 
     evaluate an expunged conviction on a case-by-case basis 
     according to the nature and severity of the offense 
     underlying the expunged conviction, based on the record of 
     conviction, to determine whether, under the particular 
     circumstances, the alien is eligible for cancellation of 
     removal, adjustment to permanent resident status on a 
     conditional basis, or other adjustment of status.
       ``(e) DACA Recipients.--With respect to a DACA recipient, 
     the Secretary shall cancel the removal of the DACA recipient 
     and adjust the status of the DACA recipient to the status of 
     an alien lawfully admitted for permanent residence on a 
     conditional basis unless, since the date on which the DACA 
     recipient was granted deferred action status under DACA, the 
     DACA recipient has engaged in conduct that would render an 
     alien ineligible for deferred action status under DACA.
       ``(f) Application Fee.--
       ``(1) In general.--The Secretary may require an alien 
     applying for permanent resident status on a conditional basis 
     to pay a reasonable fee that is commensurate with the cost of 
     processing the application.
       ``(2) Exemption.--An applicant may be exempted from paying 
     the fee required under paragraph (1) only if the alien--
       ``(A)(i) is younger than 18 years of age;
       ``(ii) received total income, during the 1-year period 
     immediately preceding the date on which the alien files an 
     application under this section, that is less than 150 percent 
     of the poverty line; and
       ``(iii) is in foster care or otherwise lacking any parental 
     or other familial support;
       ``(B) is younger than 18 years of age and is homeless;
       ``(C)(i) cannot care for himself or herself because of a 
     serious, chronic disability; and
       ``(ii) received total income, during the 1-year period 
     immediately preceding the date on which the alien files an 
     application under this section, that is less than 150 percent 
     of the poverty line; or
       ``(D)(i) during the 1-year period immediately preceding the 
     date on which the alien files an application under this 
     section, accumulated $10,000 or more in debt as a result of 
     unreimbursed medical expenses incurred by

[[Page S1120]]

     the alien or an immediate family member of the alien; and
       ``(ii) received total income, during the 1-year period 
     immediately preceding the date on which the alien files an 
     application under this section, that is less than 150 percent 
     of the poverty line.
       ``(g) Submission of Biometric and Biographic Data.--
       ``(1) In general.--The Secretary may not grant an alien 
     permanent resident status on a conditional basis under this 
     section unless the alien submits biometric and biographic 
     data, in accordance with procedures established by the 
     Secretary.
       ``(2) Alternative procedure.--The Secretary shall provide 
     an alternative procedure for any alien who is unable to 
     provide the biometric or biographic data referred to in 
     paragraph (1) due to of a physical impairment.
       ``(h) Background Checks.--
       ``(1) Requirement for background checks.--The Secretary 
     shall use biometric, biographic, and other data that the 
     Secretary determines appropriate--
       ``(A) to conduct security and law enforcement background 
     checks of an alien seeking permanent resident status on a 
     conditional basis; and
       ``(B) to determine whether there is any criminal, national 
     security, or other factor that would render the alien 
     ineligible for permanent resident status on a conditional 
     basis.
       ``(2) Completion of background checks.--The security and 
     law enforcement background checks of an alien required under 
     paragraph (1) shall be completed, to the satisfaction of the 
     Secretary, before the date on which the Secretary grants the 
     alien permanent resident status on a conditional basis.
       ``(3) Criminal record requests.--With respect to an alien 
     seeking permanent resident status on a conditional basis, the 
     Secretary, in cooperation with the Secretary of State, shall 
     seek to obtain from INTERPOL, EUROPOL, or any other 
     international or national law enforcement agency of the 
     country of nationality, country of citizenship, or country of 
     last habitual residence of the alien information about any 
     criminal activity--
       ``(A) in which the alien engaged in the country of 
     nationality, country of citizenship, or country of last 
     habitual residence of the alien; or
       ``(B) for which the alien was convicted in the country of 
     nationality, country of citizenship, or country of last 
     habitual residence of the alien.
       ``(i) Medical Examination.--
       ``(1) Requirement.--An alien applying for permanent 
     resident status on a conditional basis shall undergo a 
     medical examination.
       ``(2) Policies and procedures.--The Secretary, with the 
     concurrence of the Secretary of Health and Human Services, 
     shall prescribe policies and procedures for the nature and 
     timing of the examination required under paragraph (1).
       ``(j) Military Selective Service.--An alien applying for 
     permanent resident status on a conditional basis under this 
     section shall establish that the alien has registered under 
     the Military Selective Service Act (50 U.S.C. 3801 et seq.), 
     if the alien is subject to registration under that Act.
       ``(k) Determination of Continuous Presence.--
       ``(1) Termination of continuous period.--Any period of 
     continuous physical presence in the United States of an alien 
     who applies for permanent resident status on a conditional 
     basis under this section shall not terminate on the date on 
     which the alien is served a notice to appear under section 
     239(a).
       ``(2) Treatment of certain breaks in presence.--
       ``(A) In general.--Except as provided in subparagraphs (B) 
     and (C), an alien shall be considered to have failed to 
     maintain continuous physical presence in the United States if 
     the alien has departed from the United States for any period 
     greater than 90 days or for any periods, in the aggregate, 
     greater than 180 days.
       ``(B) Extensions for extenuating circumstances.--The 
     Secretary may extend the time periods described in 
     subparagraph (A) for an alien who demonstrates that the 
     failure to timely return to the United States was due to 
     extenuating circumstances beyond the control of the alien, 
     including the serious illness of the alien, or death or 
     serious illness of a parent, grandparent, sibling, or child 
     of the alien.
       ``(C) Travel authorized by the secretary.--Any period of 
     travel outside of the United States by an alien that was 
     authorized by the Secretary may not be counted toward any 
     period of departure from the United States under subparagraph 
     (A).
       ``(l) Limitation on Removal of Certain Aliens.--
       ``(1) In general.--The Secretary or the Attorney General 
     may not remove an alien who appears prima facie eligible for 
     relief under this section.
       ``(2) Aliens subject to removal.--With respect to an alien 
     who is in removal proceedings, the subject of a final removal 
     order, or the subject of a voluntary departure order, the 
     Attorney General shall provide the alien with a reasonable 
     opportunity to apply for relief under this section.
       ``(m) Certain Aliens Enrolled in Elementary or Secondary 
     School.--
       ``(1) Stay of removal.--The Attorney General shall stay the 
     removal proceedings of an alien who--
       ``(A) meets all the requirements described in subparagraphs 
     (A) through (C) of subsection (b)(2), subject to subsections 
     (c) and (d);
       ``(B) is at least 5 years of age; and
       ``(C) is enrolled in an elementary school, a secondary 
     school, or an early childhood education program.
       ``(2) Commencement of removal proceedings.--The Secretary 
     may not commence removal proceedings for an alien described 
     in paragraph (1).
       ``(3) Employment.--An alien whose removal is stayed 
     pursuant to paragraph (1) or who may not be placed in removal 
     proceedings pursuant to paragraph (2) shall, on application 
     to the Secretary, be granted an employment authorization 
     document.
       ``(4) Lift of stay.--The Secretary or Attorney General may 
     not lift the stay granted to an alien under paragraph (1) 
     unless the alien ceases to meet the requirements under that 
     paragraph.
       ``(n) Exemption From Numerical Limitations.--Nothing in 
     this section or in any other law applies a numerical 
     limitation on the number of aliens who may be granted 
     permanent resident status on a conditional basis.
       ``(o) Terms of Permanent Resident Status on a Conditional 
     Basis.--
       ``(1) Period of status.--
       ``(A) In general.--Permanent resident status on a 
     conditional basis is--
       ``(i) subject to subparagraph (B), valid for a period of 7 
     years; and
       ``(ii) subject to termination under paragraph (3).
       ``(B) Extension authorized.--The Secretary may extend the 
     period described in subparagraph (A)(i).
       ``(2) Notice of requirements.--At the time an alien obtains 
     permanent resident status on a conditional basis, the 
     Secretary shall provide notice to the alien regarding the 
     provisions of this section and the requirements to have the 
     conditional basis of that status removed.
       ``(3) Termination of status.--The Secretary may terminate 
     the permanent resident status on a conditional basis of an 
     alien only if the Secretary--
       ``(A) subject to subsections (c) and (d), determines that 
     the alien--
       ``(i) is inadmissible under paragraph (2), (3), (6)(E), 
     (6)(G), (8), (10)(A), (10)(C), or (10)(D) of section 212(a);
       ``(ii) has ordered, incited, assisted, or otherwise 
     participated in the persecution of any person on account of 
     race, religion, nationality, membership in a particular 
     social group, or political opinion; or
       ``(iii) has been convicted of--

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

       ``(aa) not occurring on the same date; and
       ``(bb) not arising out of the same act, omission, or scheme 
     of misconduct; and
       ``(B) prior to the termination, provides the alien--
       ``(i) notice of the proposed termination; and
       ``(ii) the opportunity for a hearing to provide evidence 
     that the alien meets the requirements or otherwise contest 
     the termination.
       ``(4) Return to previous immigration status.--The 
     immigration status of an alien whose permanent resident 
     status on a conditional basis expires under paragraph 
     (1)(A)(i) or is terminated under paragraph (3) or whose 
     application for permanent resident status on a conditional 
     basis is denied shall return to the immigration status of the 
     alien on the day before the date on which the alien received 
     permanent resident status on a conditional basis or applied 
     for permanent resident status on a conditional basis, as 
     appropriate.
       ``(p) Removal of Conditional Basis of Permanent Resident 
     Status.--
       ``(1) Eligibility for removal of conditional basis.--
       ``(A) In general.--Subject to subparagraph (B), the 
     Secretary shall remove the conditional basis of the permanent 
     resident status of an alien granted under this section and 
     grant the alien status as an alien lawfully admitted for 
     permanent residence if the alien--
       ``(i) subject to subsections (c) and (d)--

       ``(I) is not inadmissible under paragraph (2), (3), (6)(E), 
     (6)(G), (8), (10)(A), (10)(C), or (10)(D) of section 212(a);
       ``(II) has not ordered, incited, assisted, or otherwise 
     participated in the persecution of any person on account of 
     race, religion, nationality, membership in a particular 
     social group, or political opinion; and
       ``(III) has not been convicted of--

       ``(aa) a felony;
       ``(bb) a significant misdemeanor; or
       ``(cc) 3 or more misdemeanors--
       ``(AA) not occurring on the same date; and
       ``(BB) not arising out of the same act, omission, or scheme 
     of misconduct;
       ``(ii) has not abandoned the residence of the alien in the 
     United States;
       ``(iii)(I) has acquired a degree from an institution of 
     higher education or has completed at least 2 years, in good 
     standing, in a program for a bachelor's degree or higher 
     degree in the United States;
       ``(II)(aa) has served in the Uniformed Services for at 
     least 2 years; or
       ``(bb) in the case of an alien who has been discharged from 
     the Uniformed Services, has received an honorable discharge; 
     or
       ``(III) has been employed for periods totaling at least 3 
     years and at least 75 percent of

[[Page S1121]]

     the time that the alien has had a valid employment 
     authorization, except that any period during which the alien 
     is not employed while having a valid employment authorization 
     and is enrolled in an institution of higher education, a 
     secondary school, or an education program described in 
     subsection (b)(2)(D)(iii), shall not count toward the time 
     requirements under this clause;
       ``(iv)(I) has paid any applicable Federal tax liability 
     incurred by the alien during the entire period for which the 
     alien has been in permanent resident status on a conditional 
     basis; or
       ``(II) has entered into an agreement to pay the applicable 
     Federal tax liability through a payment installment plan 
     approved by the Commissioner of Internal Revenue; and
       ``(v) has demonstrated good moral character during the 
     entire period for which the alien has been in permanent 
     resident status on a conditional basis.
       ``(B) Citizenship requirement.--The conditional basis of 
     the permanent resident status granted to an alien under this 
     section may not be removed unless the alien demonstrates that 
     the alien satisfies the requirements of section 312(a).
       ``(C) Application fee.--
       ``(i) In general.--The Secretary may require an alien 
     applying for lawful permanent resident status under this 
     subsection to pay a reasonable fee that is commensurate with 
     the cost of processing the application.
       ``(ii) Exemption.--An applicant may be exempted from paying 
     the fee required under clause (i) only if the alien--

       ``(I)(aa) is younger than 18 years of age;
       ``(bb) received total income, during the 1-year period 
     immediately preceding the date on which the alien files an 
     application under this section, that is less than 150 percent 
     of the poverty line; and
       ``(cc) is in foster care or otherwise lacking any parental 
     or other familial support;
       ``(II) is younger than 18 years of age and is homeless;
       ``(III)(aa) cannot care for himself or herself because of a 
     serious, chronic disability; and
       ``(bb) received total income, during the 1-year period 
     immediately preceding the date on which the alien files an 
     application under this section, that is less than 150 percent 
     of the poverty line; or
       ``(IV)(aa) during the 1-year period immediately preceding 
     the date on which the alien files an application under this 
     section, the alien accumulated $10,000 or more in debt as a 
     result of unreimbursed medical expenses incurred by the alien 
     or an immediate family member of the alien; and
       ``(bb) received total income, during the 1-year period 
     immediately preceding the date on which the alien files an 
     application under this section, that is less than 150 percent 
     of the poverty line.

       ``(D) Submission of biometric and biographic data.--
       ``(i) In general.--The Secretary may not remove the 
     conditional basis of the permanent resident status of an 
     alien unless the alien submits biometric and biographic data, 
     in accordance with procedures established by the Secretary.
       ``(ii) Alternative procedure.--The Secretary shall provide 
     an alternative procedure for any applicant who is unable to 
     provide the biometric or biographic data referred to in 
     clause (i) due to physical impairment.
       ``(E) Background checks.--
       ``(i) Requirement for background checks.--The Secretary 
     shall use biometric, biographic, and other data that the 
     Secretary determines to be appropriate--

       ``(I) to conduct security and law enforcement background 
     checks of an alien applying for removal of the conditional 
     basis of the permanent resident status of the alien; and
       ``(II) to determine whether there is any criminal, national 
     security, or other factor that would render the alien 
     ineligible for removal of the conditional basis of the 
     permanent resident status of the alien.

       ``(ii) Completion of background checks.--The security and 
     law enforcement background checks of an alien required under 
     clause (i) shall be completed, to the satisfaction of the 
     Secretary, before the date on which the Secretary removes the 
     conditional basis of the permanent resident status of the 
     alien.
       ``(2) Naturalization.--
       ``(A) In general.--For purposes of title III, an alien 
     granted permanent resident status on a conditional basis 
     shall be considered to have been admitted to the United 
     States, and to be present in the United States, as an alien 
     lawfully admitted for permanent residence.
       ``(B) Limitations on application for naturalization.--
       ``(i) In general.--An alien shall not be naturalized--

       ``(I) on any date on which the alien is in permanent 
     resident status on a conditional basis; or
       ``(II) subject to clause (iii), before the date that is 12 
     years after the date on which the alien was granted permanent 
     resident status on a conditional basis.

       ``(ii) Advanced filing date.--Subject to clause (iii), with 
     respect to an alien granted permanent resident status on a 
     conditional basis, the alien may file an application for 
     naturalization not more than 90 days before the date that is 
     12 years after the date on which the alien was granted 
     permanent resident status on a conditional basis.
       ``(iii) Reduction in period.--

       ``(I) In general.--Subject to subclause (II), the 12-year 
     period referred to in clause (i)(II) and clause (ii) may be 
     reduced by the number of days on which the alien was a DACA 
     recipient, if applicable.
       ``(II) Limitation.--Notwithstanding subclause (I), the 
     reduction in the 12-year period referred to in clause (i)(II) 
     and clause (ii) shall be not more than 2 years.

       ``(3) Limitation on certain parents.--An alien shall not be 
     eligible to adjust status to that of an alien lawfully 
     admitted for permanent residence based on a petition filed by 
     a child or a son or daughter of the alien if--
       ``(A) the child or son or daughter was granted permanent 
     resident status on a conditional basis; and
       ``(B) the alien knowingly assisted the child or son or 
     daughter to enter the United States unlawfully.
       ``(q) Documentation Requirements.--
       ``(1) Documents establishing identity.--An alien's 
     application for permanent resident status on a conditional 
     basis may include, as proof of identity--
       ``(A) a passport or national identity document from the 
     alien's country of origin that includes the alien's name and 
     the alien's photograph or fingerprint;
       ``(B) the alien's birth certificate and an identity card 
     that includes the alien's name and photograph;
       ``(C) a school identification card that includes the 
     alien's name and photograph, and school records showing the 
     alien's name and that the alien is or was enrolled at the 
     school;
       ``(D) a Uniformed Services identification card issued by 
     the Department of Defense;
       ``(E) any immigration or other document issued by the 
     United States Government bearing the alien's name and 
     photograph; or
       ``(F) a State-issued identification card bearing the 
     alien's name and photograph.
       ``(2) Documents establishing continuous physical presence 
     in the united states.--To establish that an alien has been 
     continuously physically present in the United States, as 
     required under subsection (b)(2)(A), or to establish that an 
     alien has not abandoned residence in the United States, as 
     required under subsection (p)(1)(A)(ii), the alien may submit 
     documents to the Secretary, including--
       ``(A) employment records that include the employer's name 
     and contact information;
       ``(B) records from any educational institution the alien 
     has attended in the United States;
       ``(C) records of service from the Uniformed Services;
       ``(D) official records from a religious entity confirming 
     the alien's participation in a religious ceremony;
       ``(E) passport entries;
       ``(F) a birth certificate for a child of the alien who was 
     born in the United States;
       ``(G) automobile license receipts or registration;
       ``(H) deeds, mortgages, or rental agreement contracts;
       ``(I) tax receipts;
       ``(J) insurance policies;
       ``(K) remittance records;
       ``(L) rent receipts or utility bills bearing the alien's 
     name or the name of an immediate family member of the alien, 
     and the alien's address;
       ``(M) copies of money order receipts for money sent in or 
     out of the United States;
       ``(N) dated bank transactions; or
       ``(O) 2 or more sworn affidavits from individuals who are 
     not related to the alien who have direct knowledge of the 
     alien's continuous physical presence in the United States, 
     that contain--
       ``(i) the name, address, and telephone number of the 
     affiant; and
       ``(ii) the nature and duration of the relationship between 
     the affiant and the alien.
       ``(3) Documents establishing initial entry into the united 
     states.--To establish under subsection (b)(2)(B) that an 
     alien was younger than 18 years of age on the date on which 
     the alien initially entered the United States, an alien may 
     submit documents to the Secretary, including--
       ``(A) an admission stamp on the alien's passport;
       ``(B) records from any educational institution the alien 
     has attended in the United States;
       ``(C) any document from the Department of Justice or the 
     Department of Homeland Security stating the alien's date of 
     entry into the United States;
       ``(D) hospital or medical records showing medical treatment 
     or hospitalization, the name of the medical facility or 
     physician, and the date of the treatment or hospitalization;
       ``(E) rent receipts or utility bills bearing the alien's 
     name or the name of an immediate family member of the alien, 
     and the alien's address;
       ``(F) employment records that include the employer's name 
     and contact information;
       ``(G) official records from a religious entity confirming 
     the alien's participation in a religious ceremony;
       ``(H) a birth certificate for a child of the alien who was 
     born in the United States;
       ``(I) automobile license receipts or registration;
       ``(J) deeds, mortgages, or rental agreement contracts;
       ``(K) tax receipts;
       ``(L) travel records;
       ``(M) copies of money order receipts sent in or out of the 
     country;
       ``(N) dated bank transactions;
       ``(O) remittance records; or

[[Page S1122]]

       ``(P) insurance policies.
       ``(4) Documents establishing admission to an institution of 
     higher education.--To establish that an alien has been 
     admitted to an institution of higher education, the alien 
     shall submit to the Secretary a document from the institution 
     of higher education certifying that the alien--
       ``(A) has been admitted to the institution; or
       ``(B) is currently enrolled in the institution as a 
     student.
       ``(5) Documents establishing receipt of a degree from an 
     institution of higher education.--To establish that an alien 
     has acquired a degree from an institution of higher education 
     in the United States, the alien shall submit to the Secretary 
     a diploma or other document from the institution stating that 
     the alien has received such a degree.
       ``(6) Documents establishing receipt of high school 
     diploma, general educational development certificate, or a 
     recognized equivalent.--To establish that an alien has earned 
     a high school diploma or a commensurate alternative award 
     from a public or private high school, or has obtained a 
     general educational development certificate recognized under 
     State law or a high school equivalency diploma in the United 
     States, the alien shall submit to the Secretary--
       ``(A) a high school diploma, certificate of completion, or 
     other alternate award;
       ``(B) a high school equivalency diploma or certificate 
     recognized under State law; or
       ``(C) evidence that the alien passed a State-authorized 
     exam, including the general educational development exam, in 
     the United States.
       ``(7) Documents establishing enrollment in an educational 
     program.--To establish that an alien is enrolled in any 
     school or education program described in subsection 
     (b)(2)(D)(iii), (m)(1)(C), or (p)(1)(A)(iii)(III), the alien 
     shall submit school records from the United States school 
     that the alien is currently attending that include--
       ``(A) the name of the school; and
       ``(B) the alien's name, periods of attendance, and current 
     grade or educational level.
       ``(8) Documents establishing exemption from application 
     fees.--To establish that an alien is exempt from an 
     application fee under subsection (f)(2) or (p)(1)(C)(ii), the 
     alien shall submit to the Secretary the following relevant 
     documents:
       ``(A) Documents to establish age.--To establish that an 
     alien meets an age requirement, the alien shall provide proof 
     of identity, as described in paragraph (1), that establishes 
     that the alien is younger than 18 years of age.
       ``(B) Documents to establish income.--To establish the 
     alien's income, the alien shall provide--
       ``(i) employment records that have been maintained by the 
     Social Security Administration, the Internal Revenue Service, 
     or any other Federal, State, or local government agency;
       ``(ii) bank records; or
       ``(iii) at least 2 sworn affidavits from individuals who 
     are not related to the alien and who have direct knowledge of 
     the alien's work and income that contain--

       ``(I) the name, address, and telephone number of the 
     affiant; and
       ``(II) the nature and duration of the relationship between 
     the affiant and the alien.

       ``(C) Documents to establish foster care, lack of familial 
     support, homelessness, or serious, chronic disability.--To 
     establish that the alien was in foster care, lacks parental 
     or familial support, is homeless, or has a serious, chronic 
     disability, the alien shall provide at least 2 sworn 
     affidavits from individuals who are not related to the alien 
     and who have direct knowledge of the circumstances that 
     contain--
       ``(i) a statement that the alien is in foster care, 
     otherwise lacks any parental or other familiar support, is 
     homeless, or has a serious, chronic disability, as 
     appropriate;
       ``(ii) the name, address, and telephone number of the 
     affiant; and
       ``(iii) the nature and duration of the relationship between 
     the affiant and the alien.
       ``(D) Documents to establish unpaid medical expense.--To 
     establish that the alien has debt as a result of unreimbursed 
     medical expenses, the alien shall provide receipts or other 
     documentation from a medical provider that--
       ``(i) bear the provider's name and address;
       ``(ii) bear the name of the individual receiving treatment; 
     and
       ``(iii) document that the alien has accumulated $10,000 or 
     more in debt in the past 12 months as a result of 
     unreimbursed medical expenses incurred by the alien or an 
     immediate family member of the alien.
       ``(9) Documents establishing service in the uniformed 
     services.--To establish that an alien has served in the 
     Uniformed Services for at least 2 years and, if discharged, 
     received an honorable discharge, the alien shall submit to 
     the Secretary--
       ``(A) a Department of Defense form DD-214;
       ``(B) a National Guard Report of Separation and Record of 
     Service form 22;
       ``(C) personnel records for such service from the 
     appropriate Uniformed Service; or
       ``(D) health records from the appropriate Uniformed 
     Service.
       ``(10) Documents establishing employment.--
       ``(A) In general.--An alien may satisfy the employment 
     requirement under section (p)(1)(A)(iii)(III) by submitting 
     records that--
       ``(i) establish compliance with such employment 
     requirement; and
       ``(ii) have been maintained by the Social Security 
     Administration, the Internal Revenue Service, or any other 
     Federal, State, or local government agency.
       ``(B) Other documents.--An alien who is unable to submit 
     the records described in subparagraph (A) may satisfy the 
     employment requirement by submitting at least 2 types of 
     reliable documents that provide evidence of employment, 
     including--
       ``(i) bank records;
       ``(ii) business records;
       ``(iii) employer records;
       ``(iv) records of a labor union, day labor center, or 
     organization that assists workers in employment;
       ``(v) sworn affidavits from individuals who are not related 
     to the alien and who have direct knowledge of the alien's 
     work, that contain--

       ``(I) the name, address, and telephone number of the 
     affiant; and
       ``(II) the nature and duration of the relationship between 
     the affiant and the alien; and

       ``(vi) remittance records.
       ``(11) Authority to prohibit use of certain documents.--If 
     the Secretary determines, after publication in the Federal 
     Register and an opportunity for public comment, that any 
     document or class of documents does not reliably establish 
     identity or that permanent resident status on a conditional 
     basis is being obtained fraudulently to an unacceptable 
     degree, the Secretary may prohibit or restrict the use of 
     such document or class of documents.
       ``(r) Rulemaking.--
       ``(1) Initial publication.--
       ``(A) In general.--Not later than 90 days after the date of 
     enactment of this section, the Secretary shall publish in the 
     Federal Register regulations implementing this section.
       ``(B) Affirmative application.--The regulations published 
     under subparagraph (A) shall allow any eligible individual to 
     immediately apply affirmatively for the relief available 
     under subsection (b) without being placed in removal 
     proceedings.
       ``(2) Interim regulations.--Notwithstanding section 553 of 
     title 5, United States Code, the regulations published 
     pursuant to paragraph (1)(A) shall be effective, on an 
     interim basis, immediately on publication in the Federal 
     Register, but may be subject to change and revision after 
     public notice and opportunity for a period of public comment.
       ``(3) Final regulations.--Not later than 180 days after the 
     date on which interim regulations are published under this 
     subsection, the Secretary shall publish final regulations 
     implementing this section.
       ``(4) Paperwork reduction act.--The requirements under 
     chapter 35 of title 44, United States Code, (commonly known 
     as the `Paperwork Reduction Act') shall not apply to any 
     action to implement this subsection.
       ``(s) Confidentiality of Information.--
       ``(1) In general.--The Secretary may not disclose or use 
     for the purpose of immigration enforcement any information 
     provided in--
       ``(A) an application filed under this section; or
       ``(B) a request for deferred action status under DACA.
       ``(2) Referrals prohibited.--The Secretary may not refer to 
     U.S. Immigration and Customs Enforcement, U.S. Customs and 
     Border Protection, or any designee of U.S. Immigration and 
     Customs Enforcement or U.S. Customs and Border Protection any 
     individual who--
       ``(A) has been granted permanent resident status on a 
     conditional basis; or
       ``(B) was granted deferred action status under DACA.
       ``(3) Limited exception.--Notwithstanding paragraphs (1) 
     and (2), information provided in an application for permanent 
     resident status on a conditional basis or a request for 
     deferred action status under DACA may be shared with a 
     Federal security or law enforcement agency--
       ``(A) for assistance in the consideration of an application 
     for permanent resident status on a conditional basis;
       ``(B) to identify or prevent fraudulent claims;
       ``(C) for national security purposes; or
       ``(D) for the investigation or prosecution of any felony 
     not related to immigration status.
       ``(4) Penalty.--Any person who knowingly uses, publishes, 
     or permits information to be examined in violation of this 
     subsection shall be fined not more than $10,000.''.
       (b) Conforming Amendment.--The table of contents of the 
     Immigration and Nationality Act (8 U.S.C. 1101 note) is 
     amended by inserting after the item relating to section 244 
     the following:

``Sec. 244A. Cancellation of removal for certain long-term residents 
              who entered the United States as children.''.

     SEC. 3. REDUCTION OF FAMILY-SPONSORED IMMIGRANT VISAS.

       (a) Prohibition Against the Sponsor of Unmarried Children 
     Older Than 21 Years of Age by Lawful Permanent Residents.--
     Section 203(a) of the Immigration and Nationality Act (8 
     U.S.C. 1153(a)) is amended by striking paragraph (2) and 
     inserting the following:
       ``(2) Spouses and children of aliens lawfully admitted for 
     permanent residence.--

[[Page S1123]]

       ``(A) In general.--Qualified immigrants who are the spouse 
     or child of an alien lawfully admitted for permanent 
     residence shall be allocated visas in a number not to exceed 
     the sum of--
       ``(i) 114,200;
       ``(ii) the number (if any) by which such worldwide level 
     exceeds 226,000; and
       ``(iii) the number of visas not required for the class 
     described in paragraph (1).
       ``(B) Transition period.--
       ``(i) In general.--The Secretary of State shall not 
     allocate a visa based on a petition filed by an alien 
     lawfully admitted for permanent residence on behalf of an 
     unmarried son or daughter under subparagraph (B) (as in 
     effect on the day before the date of enactment of this Act) 
     after December 31, 2018.
       ``(ii) Savings clause.--The Secretary of State shall 
     allocate a visa to a principal or derivative beneficiary of 
     an approved petition filed by an alien lawfully admitted for 
     permanent residence on behalf of a spouse or an unmarried son 
     or daughter under subparagraph (B) (as in effect on the day 
     before the date of enactment of this Act) before January 1, 
     2019, in accordance with that subparagraph (as in effect on 
     the day before the date of enactment of this Act), if the 
     principal or derivative beneficiary is otherwise eligible for 
     the visa.
       ``(C) Retention of priority date.--In the case of an alien 
     child who is the principal or derivative beneficiary of a 
     petition filed under subparagraph (A) who turns 21 years old 
     before the date on which a visa becomes available, the alien 
     may retain the priority date assigned to the alien under that 
     subparagraph for a petition filed under this subsection.''.
       (b) Conforming Amendments.--The Immigration and Nationality 
     Act (8 U.S.C. 1101 et seq.) is amended--
       (1) in section 101(a)(15)(V) (8 U.S.C. 1101(a)(15)(V)), by 
     striking ``section 203(a)(2)(A)'' each place such term 
     appears and inserting ``section 203(a)(2)'';
       (2) in section 201(f)(2) (8 U.S.C. 1151(f)(2)), by striking 
     ``section 203(a)(2)(A)'' and inserting ``section 203(a)(2)'';
       (3) in section 202--
       (A) in subsection (a)(8 U.S.C. 1152(a))--
       (i) in paragraph (2), by striking ``(3), (4), and (5)'' and 
     inserting ``(3) and (4)''
       (ii) by striking paragraph (4); and
       (iii) by redesignating paragraph (5) as paragraph (4); and
       (B) in subsection (e), by striking ``, or as limiting the 
     number of visas that may be issued under section 203(a)(2)(A) 
     pursuant to subsection (a)(4)(A)'';
       (4) in section 203(h)--
       (A) in paragraph (3), by striking ``subsections (a)(2)(A) 
     and (d)'' and inserting ``subsection (d)''; and
       (B) by striking ``(a)(2)(A)'' each place such term appears 
     and inserting ``(a)(2)'';
       (5) in section 204--
       (A) in subsection (a)(1)(B)--
       (i) in clause (ii)--

       (I) in subclause (I), by striking ``if such a child has not 
     been classified under clause (iii) of section 203(a)(2)(A) 
     and''; and
       (II) in subclause (II)(cc), by striking ``section 
     203(a)(2)(A)'' and inserting ``section 203(a)(2)''; and

       (ii) in clause (iii), by striking ``section 203(a)(2)(A)'' 
     and inserting ``section 203(a)(2)''; and
       (B) in subsection (k)(1)--
       (i) by striking ``alien unmarried son or daughter's 
     classification as a family-sponsored immigrant under section 
     203(a)(2)(B)'' and inserting ``alien child's classification 
     as a family-sponsored immigrant under section 203(a)(2)'';
       (ii) by striking ``son or daughter'' and inserting 
     ``child''; and
       (iii) by striking ``unmarried son or daughter as a family-
     sponsored immigrant under section 203(a)(1)'' and inserting 
     ``child as an immediate relative under section 201(b)(2)''; 
     and
       (6) in section 214(q)(1)(B)(i), by striking ``(a)(2)(A)'' 
     each place such term appears and inserting ``(a)(2)''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date on which--
       (1) the Secretary of Homeland Security has adjudicated each 
     petition that is filed under section 203(a)(2)(B) (as in 
     effect on the day before the date of enactment of this Act) 
     before January 1, 2019; and
       (2) the Secretary of State has allocated to each eligible 
     alien a visa based on a petition described in paragraph (1).

     SEC. 4. BORDER SECURITY.

       (a) Definition of Secretary.--In this section, the term 
     ``Secretary'' means the Secretary of Homeland Security.
       (b) Appropriations for Border Security.--The following sum 
     is appropriated, out of any money in the Treasury not 
     otherwise appropriated, for U.S. Customs and Border 
     Protection, namely $25,000,000,000 for--
       (1) the construction of physical barriers;
       (2) border security technologies;
       (3) tactical infrastructure;
       (4) marine vessels;
       (5) aircraft;
       (6) unmanned aerial systems;
       (7) facilities; and
       (8) equipment.
       (c) Availability for Fiscal Year 2018.--Of the amount 
     appropriated by subsection (b), amounts shall be available 
     for fiscal year 2018 as follows:
       (1) For impedance and denial, $1,571,000,000.
       (2) For domain awareness, $658,000,000.
       (3) For access and mobility, $143,000,000.
       (4) For the retention, recruitment, and relocation of 
     officers of Border Patrol Agents, Customs Officers, and Air 
     and Marine personnel, $148,000,000, including for not fewer 
     than 615 officers of U.S. Customs and Border Protection.
       (5) To hire 615 U.S. Customs and Border Protection Officers 
     for deployment to ports of entry, $75,000,000.
       (d) Availability for Fiscal Years 2019 Through 2027.--
       (1) In general.--Subject to subsection (f), of the amount 
     appropriated by subsection (b), the amount available for each 
     of fiscal years 2019 through 2027 shall be $2,500,000,000.
       (2) Limitation.--Amounts appropriated under subsection (b) 
     for fiscal years 2018 and 2019 shall only be available for 
     operationally effective designs deployed as of the date of 
     the Consolidated Appropriations Act, 2017 (Public Law 115-
     31), such as currently deployed steel bollard designs, that 
     prioritize agent safety.
       (e) Report on Plan for Improvement of Border Security.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary shall submit to the 
     Committees on Appropriations of the Senate and the House of 
     Representatives and the Committees of jurisdiction of the 
     Senate and the House of Representatives a risk-based plan for 
     improving security along the borders of the United States, 
     including the use of personnel, fencing, other forms of 
     tactical infrastructure, and technology.
       (2) Elements.--The report required by this subsection shall 
     include the following:
       (A) A statement of goals, objectives, activities, and 
     milestones for the plan.
       (B) A detailed implementation schedule for the plan with 
     estimates for the planned obligation of funds for fiscal 
     years 2019 through 2027 that are linked to the milestone-
     based delivery of specific--
       (i) capabilities and services;
       (ii) mission benefits and outcomes;
       (iii) program management capabilities; and
       (iv) lifecycle cost estimates.
       (C) A description of the manner in which specific projects 
     under the plan will enhance border security goals and 
     objectives and address the highest priority border security 
     needs.
       (D) An identification of the planned locations, quantities, 
     and types of resources, such as fencing, other physical 
     barriers, or other tactical infrastructure and technology, 
     under the plan.
       (E) A description of the methodology and analyses used to 
     select specific resources for deployment to particular 
     locations under the plan that includes--
       (i) analyses of alternatives, including comparative costs 
     and benefits;
       (ii) an assessment of effects on communities and property 
     owners near areas of infrastructure deployment; and
       (iii) a description of other factors critical to the 
     decision-making process.
       (F) An identification of staffing requirements under the 
     plan, including full-time equivalents, contractors, and 
     detailed personnel, by activity.
       (G) A description of performance metrics for the plan for 
     assessing and reporting on the contributions of border 
     security capabilities realized from current and future 
     investments.
       (H) A description of the status of the actions of the 
     Department of Homeland Security to address open 
     recommendations by the Office of Inspector General and the 
     Government Accountability Office relating to border security, 
     including plans, schedules, and associated milestones for 
     fully addressing such recommendations.
       (I) A comprehensive plan to consult State and local elected 
     officials on the eminent domain and construction process 
     relating to physical barriers;
       (J) A comprehensive analysis, following consultation with 
     the Secretary of Interior and the Administrator of the 
     Environmental Protection Agency, of the environmental impacts 
     of the construction and placement of physical barriers 
     planned along the Southwest border, including barriers in the 
     Santa Ana National Wildlife Refuge;
       (K) Certifications by the Under Secretary of Homeland 
     Security for Management, including all documents, memoranda, 
     and a description of the investment review and information 
     technology management oversight and processes supporting such 
     certifications, that--
       (i) the plan has been reviewed and approved in accordance 
     with an acquisition review management process that complies 
     with capital planning and investment control and review 
     requirements established by the Office of Management and 
     Budget, including as provided in Circular A-11, part 7; and
       (ii) all activities under the plan comply with Federal 
     acquisition rules, requirements, guidelines, and practices.
       (f) Limitation on Availability for Fiscal Years 2019 
     Through 2027.--
       (1) Limitation.--The amount specified in subsection (d) for 
     each of fiscal years 2019 through 2027 shall not be available 
     for such fiscal year unless--
       (A) the Secretary submits to Congress, not later than 60 
     days before the beginning of such fiscal year, a report 
     setting forth--
       (i) a description of every planned expenditure in such 
     fiscal year under the plan required by subsection (e) in an 
     amount in excess of $50,000,000;
       (ii) a description of the total number of miles of security 
     fencing or barriers that will be constructed in such fiscal 
     year under the plan;

[[Page S1124]]

       (iii) a statement of the number of new U.S. Customs and 
     Border Protection Officers to be hired in such fiscal year 
     under the plan and the intended location of deployment;
       (iv) a description of the new roads to be installed in such 
     fiscal year under the plan;
       (v) a description of the land to be acquired in such fiscal 
     year under the plan, including--

       (I) all necessary land acquisitions;
       (II) the total number of necessary condemnation actions; 
     and
       (III) the precise number of landowners that will be 
     affected by the construction of such physical barriers;

       (vi) a description of the amount and types of technology to 
     be acquired for each of the northern border and the southern 
     border in such fiscal year under the plan; and
       (vii) a statement of the percentage of each of the northern 
     border and the southern border for which the Department of 
     Homeland Security will obtain full situational awareness in 
     such fiscal year under the plan; and
       (B) not later than October 1 of such fiscal year, the 
     Secretary certifies to Congress that the Department of 
     Homeland achieved not less than 75 percent of the goals of 
     the Department under the plan (other than for land 
     acquisition) for the prior fiscal year.
       (2) Availability without certification.--If the Secretary 
     is unable to make the certification described in paragraph 
     (1)(B) with respect to a fiscal year as of October 1 of the 
     succeeding fiscal year, the amount specified in subsection 
     (d) for such succeeding fiscal year shall not be available 
     except pursuant to an Act of Congress specifically making 
     such amount available for such succeeding fiscal year that is 
     enacted into law in such succeeding fiscal year.
       (g) Availability.--If amounts described in subsection (d) 
     are available for a fiscal year, such amounts shall remain 
     available for 5 years.
       (h) Limitation.--Notwithstanding any other provision of 
     law, none of the amounts appropriated under this section may 
     be reprogrammed for or transferred to any other component of 
     the Department of Homeland Security.
       (i) Budget Request.--An expenditure plan for amounts made 
     available pursuant to subsection (b)--
       (1) shall be included in each budget for a fiscal year 
     submitted by the President under section 1105 of title 31, 
     United States Code; and
       (2) shall describe planned obligations by program, project, 
     and activity in the receiving account at the same level of 
     detail provided for in the request for other appropriations 
     in that account.
       (j) Budgetary Effects.--
       (1) In general.--The budgetary effects of this section 
     shall not be entered on either PAYGO scorecard maintained 
     pursuant to section 4(d) of the Statutory Pay-As-You-Go Act 
     of 2010.
       (2) Senate paygo scorecards.--The budgetary effects of this 
     section shall not be entered on any PAYGO scorecard 
     maintained for purposes of section 4106 of H.Con.Res. 71 
     (115th Congress).
       (k) Point of Order.--
       (1) Definition.--In this subsection, the term ``covered 
     appropriation amount'' means the amount appropriated for 
     border security for a fiscal year under subsection (b).
       (2) Point of order in the senate.--
       (A) Point of order.--
       (i) In general.--In the Senate, it shall not be in order to 
     consider a provision in a bill, joint resolution, motion, 
     amendment, amendment between the Houses, or conference report 
     that would reduce the covered appropriation amount for a 
     fiscal year.
       (ii) Point of order sustained.--If a point of order is made 
     by a Senator against a provision described in clause (i), and 
     the point of order is sustained by the Chair, that provision 
     shall be stricken from the measure and may not be offered as 
     an amendment from the floor.
       (B) Form of the point of order.--A point of order under 
     subparagraph (A) may be raised by a Senator as provided in 
     section 313(e) of the Congressional Budget Act of 1974 (2 
     U.S.C. 644(e)).
       (C) Conference reports.--When the Senate is considering a 
     conference report on, or an amendment between the Houses in 
     relation to, a bill or joint resolution, upon a point of 
     order being made by any Senator pursuant to subparagraph (A), 
     and such point of order being sustained, such material 
     contained in such conference report or House amendment shall 
     be stricken, and the Senate shall proceed to consider the 
     question of whether the Senate shall recede from its 
     amendment and concur with a further amendment, or concur in 
     the House amendment with a further amendment, as the case may 
     be, which further amendment shall consist of only that 
     portion of the conference report or House amendment, as the 
     case may be, not so stricken. Any such motion in the Senate 
     shall be debatable. In any case in which such point of order 
     is sustained against a conference report (or Senate amendment 
     derived from such conference report by operation of this 
     subsection), no further amendment shall be in order.
       (D) Supermajority waiver and appeal.--In the Senate, this 
     paragraph may be waived or suspended only by an affirmative 
     vote of three-fifths of the Members, duly chosen and sworn. 
     An affirmative vote of three-fifths of Members of the Senate, 
     duly chosen and sworn shall be required to sustain an appeal 
     of the ruling of the Chair on a point of order raised under 
     this paragraph.
       (l) Enforcement Priorities.--
       (1) Definitions.--In this subsection:
       (A) Felony.--
       (i) In general.--The term ``felony'' means a Federal, 
     State, or local criminal offense punishable by imprisonment 
     for a term that exceeds 1 year.
       (ii) Exclusion.--The term ``felony'' does not include a 
     State or local criminal offense for which an essential 
     element is the immigration status of an alien.
       (B) Misdemeanor.--
       (i) In general.--The term ``misdemeanor'' means a Federal, 
     State, or local criminal offense for which--

       (I) the maximum term of imprisonment is--

       (aa) greater than 5 days; and
       (bb) not greater than 1 year; and

       (II) the individual was sentenced to time in custody of 90 
     days or less.

       (ii) Exclusion.--The term ``misdemeanor'' does not include 
     a State or local offense for which an essential element is--

       (I) the immigration status of the alien;
       (II) a significant misdemeanor; or
       (III) a minor traffic offense.

       (C) Significant misdemeanor.--
       (i) In general.--The term ``significant misdemeanor'' means 
     a Federal, State, or local criminal offense--

       (I) for which the maximum term of imprisonment is--

       (aa) more than 5 days; and
       (bb) not more than 1 year; and

       (II)(aa) that, regardless of the sentence imposed, is--

       (AA) a crime of domestic violence (as defined in section 
     237(a)(2)(E)(i)) of the Immigration and Nationality Act (8 
     U.S.C. 1227(a)(2)(E)(i)); or
       (BB) an offense of--
       (CC) sexual abuse or exploitation;
       (DD) burglary;
       (EE) unlawful possession or use of a firearm;
       (FF) drug distribution or trafficking; or
       (GG) driving under the influence, if the applicable State 
     law requires, as elements of the offense, the operation of a 
     motor vehicle and a finding of impairment or a blood alcohol 
     content equal to or greater than .08; or

       (bb) that resulted in a sentence of time in custody of more 
     than 90 days.

       (ii) Exclusion.--The term ``significant misdemeanor'' does 
     not include a State or local offense for which an essential 
     element is the immigration status of an alien.
       (2) Priorities.--In carrying out immigration enforcement 
     activities, the Secretary shall prioritize available 
     immigration enforcement resources to aliens who--
       (A) have been convicted of--
       (i) a felony;
       (ii) a significant misdemeanor; or
       (iii) 3 or more misdemeanor offenses;
       (B) pose a threat to national security or public safety; or
       (C)(i) are unlawfully present in the United States; and
       (ii) arrived in the United States after June 30, 2018; or

     SEC. 5. OFFICE OF PROFESSIONAL RESPONSIBILITY.

       Not later than September 30, 2021, the Commissioner of U.S. 
     Customs and Border Protection shall hire, train, and assign 
     sufficient special agents at the Office of Professional 
     Responsibility.
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