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Paul Vang

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  1. Paul Vang From the Office of House Minority Leader Paul Vang The American Renewable Fuel and Job Creation Act extends the important clean-fuel biodisel tax incentive and reforms the incentive by transferring the credit from the blenders to the producers of biofuels. The switch ensures that the tax credit incentivizes domestic production and taxpayers aren’t subsidizing imported fuel. Since 2014, biofuels imports have increased from 510 million gallons to about one billion gallons in 2016. In many cases, foreign biodiesel benefits both from the existing tax credit and from additional foreign subsidies, which makes it difficult for domestic biodiesel facilities to compete. In 2015 alone, the U.S. Treasury spent more than $600 million on tax credits for imported biodiesel and renewable diesel. This bill will help the industry grow to its full potential. Modifying the credit is estimated to have little to no impact on the consumer. Much of the credit would continue to be passed on to the blender and ultimately, the consumer. Additionally, the U.S. biodiesel industry is currently operating at approximately 65 percent of capacity. The domestic biodiesel industry has the capacity and access to affordable feedstocks to meet the demand of U.S. consumers, the senators said. In 2005, Congress created the biodiesel tax incentive. As a result of this incentive, the Renewable Fuel Standard, and consumer interest, biodiesel is providing significant benefits to the nation. Domestic biodiesel production supports tens of thousands of jobs. Replacing traditional diesel with biodiesel reduces emissions and creates cleaner air. Homegrown biodiesel improves U.S. energy security by diversifying transportation fuels and reducing dependence on foreign oil. Biodiesel itself is a diverse fuel that can be produced from a wide array of resources such as recycled cooking oil, soybean and other plant oils and animal fats. U.S. tax policy should support U.S. products and U.S. jobs. This bipartisan bill would end a system that gives many foreign producers a leg up over U.S. producers and give certainty to the biodiesel industry, which is responsible for employing thousands of Americans. U.S. producers shouldn’t be put at a disadvantage by foreign producers that in many cases are double dipping by benefiting from U.S. tax incentives on top of their own significant government subsidies. These reforms supporting domestic producers would also save U.S. taxpayers money. Policies ought to encourage the production of domestic renewable fuels to meet consumer demand and support the creation of American jobs. View full PR
  2. From the Office of House Minority Leader Paul Vang The American Renewable Fuel and Job Creation Act extends the important clean-fuel biodisel tax incentive and reforms the incentive by transferring the credit from the blenders to the producers of biofuels. The switch ensures that the tax credit incentivizes domestic production and taxpayers aren’t subsidizing imported fuel. Since 2014, biofuels imports have increased from 510 million gallons to about one billion gallons in 2016. In many cases, foreign biodiesel benefits both from the existing tax credit and from additional foreign subsidies, which makes it difficult for domestic biodiesel facilities to compete. In 2015 alone, the U.S. Treasury spent more than $600 million on tax credits for imported biodiesel and renewable diesel. This bill will help the industry grow to its full potential. Modifying the credit is estimated to have little to no impact on the consumer. Much of the credit would continue to be passed on to the blender and ultimately, the consumer. Additionally, the U.S. biodiesel industry is currently operating at approximately 65 percent of capacity. The domestic biodiesel industry has the capacity and access to affordable feedstocks to meet the demand of U.S. consumers, the senators said. In 2005, Congress created the biodiesel tax incentive. As a result of this incentive, the Renewable Fuel Standard, and consumer interest, biodiesel is providing significant benefits to the nation. Domestic biodiesel production supports tens of thousands of jobs. Replacing traditional diesel with biodiesel reduces emissions and creates cleaner air. Homegrown biodiesel improves U.S. energy security by diversifying transportation fuels and reducing dependence on foreign oil. Biodiesel itself is a diverse fuel that can be produced from a wide array of resources such as recycled cooking oil, soybean and other plant oils and animal fats. U.S. tax policy should support U.S. products and U.S. jobs. This bipartisan bill would end a system that gives many foreign producers a leg up over U.S. producers and give certainty to the biodiesel industry, which is responsible for employing thousands of Americans. U.S. producers shouldn’t be put at a disadvantage by foreign producers that in many cases are double dipping by benefiting from U.S. tax incentives on top of their own significant government subsidies. These reforms supporting domestic producers would also save U.S. taxpayers money. Policies ought to encourage the production of domestic renewable fuels to meet consumer demand and support the creation of American jobs.
  3. IN THE HOUSE OF REPRESENTATIVES Mr. Vang (for himself, Mr. Grassley, Ms. Cantwell, Mr. Roberts, Ms. Hirono, Mr. Blunt, Mr. Whitehouse, Mrs. Ernst, Ms. Heitkamp, Mr. Thune, Mr. Udall, Mr. Heinrich, Mrs. Shaheen, Ms.Klobuchar, Mr. Franken, Mr. Donnelly, and Mrs. Murray) introduced the following bill; A BILL To amend the Internal Revenue Code of 1986 to reform and extend the incentives for biodiesel. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the “American Renewable Fuel and Job Creation Act”. SEC. 2. REFORM AND EXTENSION OF BIODIESEL TAX INCENTIVES. (a) Income Tax Credit.— (1) IN GENERAL.—So much of section 40A of the Internal Revenue Code as precedes subsection (c) is amended to read as follows: “SEC. 40A. BIODIESEL FUELS CREDIT. “(a) In General.—For purposes of section 38, the biodiesel fuels credit determined under this section for the taxable year is $1.00 for each gallon of biodiesel produced by the taxpayer which during the taxable year— “(1) is sold by the taxpayer to another person— “(A) for use by such other person’s trade or business as a fuel or in the production of a qualified biodiesel mixture (other than casual off-farm production), or “(B) who sells such biodiesel at retail to another person and places such biodiesel in the fuel tank of such other person, or “(2) is used by such taxpayer for any purpose described in paragraph (1). “(b) Increased Credit For Small Producers.— “(1) IN GENERAL.—In the case of any eligible small biodiesel producer, subsection (a) shall be applied by increasing the dollar amount contained therein by 10 cents. “(2) LIMITATION.—Paragraph (1) shall only apply with respect to the first 15,000,000 gallons of biodiesel produced by any eligible small biodiesel producer during any taxable year.”. (2) DEFINITIONS AND SPECIAL RULES.—Section 40A(d) of such Code is amended by striking all that follows paragraph (1) and inserting the following: “(2) QUALIFIED BIODIESEL MIXTURE; BIODIESEL MIXTURE.— “(A) QUALIFIED BIODIESEL MIXTURE.— “(i) IN GENERAL.—The term ‘qualified biodiesel mixture’ means a biodiesel mixture which is— “(I) sold by the producer of such mixture to any person for use as a fuel, or “(II) used by the producer of such mixture as a fuel. “(ii) SALE OR USE MUST BE IN TRADE OR BUSINESS, ETC.—A biodiesel mixture shall not be treated as a qualified biodiesel mixture unless the sale or use described in clause (i) is in a trade or business of the person producing the biodiesel mixture. “(B) BIODIESEL MIXTURE.—The term ‘biodiesel mixture’ means a mixture which consists of biodiesel and diesel fuel (as defined in section 4083(a)(3)), determined without regard to any use of kerosene. “(3) BIODIESEL NOT USED FOR A QUALIFIED PURPOSE.—If— “(A) any credit was determined with respect to any biodiesel under this section, and “(B) any person uses such biodiesel for a purpose not described in subsection (a), then there is hereby imposed on such person a tax equal to the product of the rate applicable under subsection (a) and the number of gallons of such biodiesel. “(4) PASS-THRU IN THE CASE OF ESTATES AND TRUSTS.—Under regulations prescribed by the Secretary, rules similar to the rules of subsection (d) of section 52 shall apply. “(5) LIMITATION TO BIODIESEL WITH CONNECTION TO THE UNITED STATES.— “(A) IN GENERAL.—No credit shall be determined under subsection (a) with respect to biodiesel unless such biodiesel is produced in the United States from qualified feedstocks. For purposes of this paragraph, the term ‘United States’ includes any possession of the United States. “(B) QUALIFIED FEEDSTOCKS.—For purposes of subparagraph (A), the term ‘qualified feedstock’ means any feedstock which is allowable for a fuel that is assigned a D code of 4 under section 80.1426(f) of title 40, Code of Federal Regulations.”. (3) RULES FOR SMALL BIODIESEL PRODUCERS.— (A) IN GENERAL.—Section 40A(e) of such Code is amended— (i) by striking “agri-biodiesel” each place it appears in paragraphs (1) and (5)(A) and inserting “biodiesel”, (ii) by striking “subsection (b)(4)(C)” each place it appears in paragraphs (2) and (3) and inserting “subsection (b)(2)”, and (iii) by striking “subsection (a)(3)” each place it appears in paragraphs (5)(A), (6)(A)(i), and (6)(B)(i) and inserting “subsection (b)”. (B) The heading for subsection (e) of section 40A of such Code is amended by striking “Agri-Biodiesel” and inserting “Biodiesel”. (C) The headings for paragraphs (1) and (6) of section 40A(e) of such Code are each amended by striking “AGRI-BIODIESEL” and inserting “BIODIESEL”. (4) RENEWABLE DIESEL.— (A) IN GENERAL.—Paragraph (3) of section 40A(f) of such Code is amended to read as follows: “(3) RENEWABLE DIESEL DEFINED.— “(A) IN GENERAL.—The term ‘renewable diesel’ means liquid fuel derived from biomass which— “(i) is not a mono-alkyl ester, “(ii) can be used in engines designed to operate on conventional diesel fuel, and “(iii) meets the requirements for any Grade No. 1–D fuel or Grade No. 2–D fuel covered under the American Society for Testing and Materials specification D–975–13a. “(B) EXCEPTIONS.—Such term shall not include— “(i) any liquid with respect to which a credit may be determined under section 40, “(ii) any fuel derived from coprocessing biomass with a feedstock which is not biomass, or “(iii) any fuel that is not chemically equivalent to petroleum diesel fuels that can meet fuel quality specifications applicable to diesel fuel, gasoline, or aviation fuel. “(C) BIOMASS.—For purposes of this paragraph, the term ‘biomass’ has the meaning given such term by section 45K(c)(3).”. (B) CONFORMING AMENDMENTS.—Section 40A(f) of such Code is amended— (i) by striking “Subsection (b)(4)” in paragraph (2) and inserting “Subsection (b)”, and (ii) by striking paragraph (4) and inserting the following: “(4) CERTAIN AVIATION FUEL.—Except as provided paragraph (3)(B), the term ‘renewable diesel’ shall include fuel derived from biomass which meets the requirements of a Department of Defense specification for military jet fuel or an American Society for Testing and Materials specification for aviation turbine fuel.”. (5) EXTENSION.—Subsection (g) of section 40A of such Code is amended by striking “December 31, 2016” and inserting “December 31, 2024”. (6) CLERICAL AMENDMENT.—The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 40A and inserting the following new item: “Sec. 40A. Biodiesel fuels credit.”. (b) Excise Tax Credit.— (1) REFORM.—Subsection (c) of section 6426 of the Internal Revenue Code of 1986 is amended to read as follows: “(c) Biodiesel Production Credit.— “(1) IN GENERAL.—For purposes of this section, the biodiesel production credit is $1.00 for each gallon of biodiesel produced by the taxpayer and which— “(A) is sold by such taxpayer to another person— “(i) for use by such other person’s trade or business as a fuel or in the production of a qualified biodiesel mixture (other than casual off-farm production), or “(ii) who sells such biodiesel at retail to another person and places such biodiesel in the fuel tank of such other person, or “(B) is used by such taxpayer for any purpose described in subparagraph (A). “(2) DEFINITIONS.—Any term used in this subsection which is also used in section 40A shall have the meaning given such term by section 40A. “(3) TERMINATION.—This subsection shall not apply to any sale, use, or removal after December 31, 2024.”. (2) PRODUCER REGISTRATION REQUIREMENT.—Subsection (a) of section 6426 of such Code is amended by striking “subsections (d) and (e)” in the flush sentence at the end and inserting “subsections (c), (d), and (e)”. (3) RECAPTURE.— (A) IN GENERAL.—Subsection (f) of section 6426 of such Code is amended— (i) by striking “or biodiesel” each place it appears in subparagraphs (A) and (B)(i) of paragraph (1), (ii) by striking “or biodiesel mixture” in paragraph (1)(A), and (iii) by redesignating paragraph (2) as paragraph (3) and by inserting after paragraph (1) the following new paragraph: “(2) BIODIESEL.—If any credit was determined under this section or paid pursuant to section 6427(e) with respect to the production of any biodiesel and any person uses such biodiesel for a purpose not described in subsection (c)(1), then there is hereby imposed on such person a tax equal to $1 for each gallon of such biodiesel.”. (B) CONFORMING AMENDMENTS.— (i) Paragraph (3) of section 6426(f) of such Code, as redesignated by subparagraph (A)(iii), is amended by inserting “or (2)” after “paragraph (1)”. (ii) The heading for paragraph (1) of section 6426(f) of such Code is amended by striking “IMPOSITION OF TAX” and inserting “IN GENERAL”. (4) LIMITATION.—Section 6426(i) of such Code is amended— (A) in paragraph (2)— (i) by striking “biodiesel or”, and (ii) by striking “BIODIESEL AND” in the heading, and (B) by inserting after paragraph (2) the following new paragraph: “(3) BIODIESEL.—No credit shall be determined under subsection (a) with respect to biodiesel unless such biodiesel is produced in the United States from qualified feedstocks (as defined in section 40A(d)(5)(B)).”. (5) CLERICAL AMENDMENTS.— (A) The heading of section 6426 of such Code is amended by striking “ALCOHOL FUEL, BIODIESEL, AND ALTERNATIVE FUEL MIXTURES” and inserting “ALCOHOL FUEL MIXTURES, BIODIESEL PRODUCTION, AND ALTERNATIVE FUEL MIXTURES”. (B) The item relating to section 6426 in the table of sections for subchapter B of chapter 65 of such Code is amended by striking “alcohol fuel, biodiesel, and alternative fuel mixtures” and inserting “alcohol fuel mixtures, biodiesel production, and alternative fuel mixtures”. (c) Excise Payments.—Subsection (e) of section 6427 of the Internal Revenue Code of 1986 is amended— (1) by striking “or the biodiesel mixture credit” in paragraph (1); (2) by redesignating paragraphs (3) through (6) as paragraphs (4) through (7), respectively, and by inserting after paragraph (2) the following new paragraph: “(3) BIODIESEL PRODUCTION CREDIT.—If any person produces biodiesel and sells or uses such biodiesel as provided in section 6426(c)(1), the Secretary shall pay (without interest) to such person an amount equal to the biodiesel production credit with respect to such biodiesel.”; (3) by striking “paragraph (1) or (2)” each place it appears in paragraphs (4) and (6), as redesignated by paragraph (2), and inserting “paragraph (1), (2), or (3)”; (4) by striking “alternative fuel” each place it appears in paragraphs (4) and (6), as redesignated by paragraph (2), and inserting “fuel”; and (5) in paragraph (7)(B), as redesignated by paragraph (2)— (A) by striking “biodiesel mixture (as defined in section 6426(c)(3))” and inserting “biodiesel (within the meaning of section 40A)”; and (B) by striking “December 31, 2016” and inserting “December 31, 2024”. (d) Guidance.—Not later than 30 days after the date of the enactment of this Act, the Secretary of the Treasury, or the Secretary's delegate, shall issue preliminary guidance with respect to the amendments made by this section. (e) Effective Date.—The amendments made by this section shall apply to fuel sold or used after December 31, 2016.
  4. Paul Vang

    DACA Act

    Mr. Speaker, I second the amendment. I yield
  5. Paul Vang

    Lewinsky holds Town Hall in Pennsylvania

    Mr. Lewinsky, What do you believe are the biggest issues facing the region right now?
  6. Paul Vang From the Office of House Minority Leader Paul Vang Today I am announcing my introduction of the Reducing Illegal Immigration Act into the House hopper. It is a bill with measures that will address the nuances of illegal immigration across the board. First, it reforms the asylum process to end the practice of catch and release that has released nearly one million illegal aliens into the country. Secondly, it reinstitutes nationwide highly successful E-Verify program that will ensure we have a legal workforce and cuts the work incentive of coming here for illegal aliens. Helping American wages in the process. Businesses that want to overlook American workers for cheap illegal labor need to be punished and they will with this legislation. Thirdly, it establishes a biometric entry-exit system and criminalizes visa overstays to address the most common cause of illegal immigration, visa overstays. Fourthly, it creates a comprehensive border security plan outlining the needs of specific sectors supported with the most modern technology we have today such as UAVs, electromagnetic spectrums, and BITMAP programs. Fifthly, it authorizes the hiring of more than six thousand more border patrol agents while instituting incentives to retain our current border patrol agents. Lastly, and surely not least it institutes strong disincentives to potential illegal aliens from illegally entering the country by prohibiting those caught from applying for citizenship or a work visa in the country in the future. This bill will go a long way towards reducing illegal immigration. Illegal immigration is fundamentally an issue of law violation. Our sovereign right to regulate who is legally admitted to the country is being massively undermined by illegal entry and refusal to leave at the end of an authorized stay. The impact of illegal immigration is detrimental in numerous ways. It's a fiscal burden on our nation of some $116 billion every year. It hurts wages. Tragically, Americans have even been the victim of crimes by illegal aliens all of which could have been avoided were they not to enter the country. We cannot afford to let this problem continue and the Reducing Illegal Immigration Act would go a long way towards addressing the issue. View full PR
  7. From the Office of House Minority Leader Paul Vang Today I am announcing my introduction of the Reducing Illegal Immigration Act into the House hopper. It is a bill with measures that will address the nuances of illegal immigration across the board. First, it reforms the asylum process to end the practice of catch and release that has released nearly one million illegal aliens into the country. Secondly, it reinstitutes nationwide highly successful E-Verify program that will ensure we have a legal workforce and cuts the work incentive of coming here for illegal aliens. Helping American wages in the process. Businesses that want to overlook American workers for cheap illegal labor need to be punished and they will with this legislation. Thirdly, it establishes a biometric entry-exit system and criminalizes visa overstays to address the most common cause of illegal immigration, visa overstays. Fourthly, it creates a comprehensive border security plan outlining the needs of specific sectors supported with the most modern technology we have today such as UAVs, electromagnetic spectrums, and BITMAP programs. Fifthly, it authorizes the hiring of more than six thousand more border patrol agents while instituting incentives to retain our current border patrol agents. Lastly, and surely not least it institutes strong disincentives to potential illegal aliens from illegally entering the country by prohibiting those caught from applying for citizenship or a work visa in the country in the future. This bill will go a long way towards reducing illegal immigration. Illegal immigration is fundamentally an issue of law violation. Our sovereign right to regulate who is legally admitted to the country is being massively undermined by illegal entry and refusal to leave at the end of an authorized stay. The impact of illegal immigration is detrimental in numerous ways. It's a fiscal burden on our nation of some $116 billion every year. It hurts wages. Tragically, Americans have even been the victim of crimes by illegal aliens all of which could have been avoided were they not to enter the country. We cannot afford to continue to let this problem continue and the Reducing Illegal Immigration Act would go a long way towards addressing the issue.
  8. Paul Vang

    Reducing Illegal Immigration Act

    IN THE HOUSE OF REPRESENTATIVES Mr. Vang (for himself, Mr. Goodlatte, Mr. Grassley, Mr.McCaul, and Mr. Barletta ) introduced the following bill; A BILL To institute measures to reduce illegal immigration SECTION 1. SHORT TITLE. (a) Short Title.—This Act may be cited as the “Reducing Illegal Immigration Act” TITLE I – ASYLUM REFORM SECTION 2. CREDIBLE FEAR INTERVIEWS. Section 235(b)(1)(B)(v) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(B)(v)) is amended by striking “claim” and all that follows, and inserting “claim, as determined pursuant to section 208(b)(1)(B)(iii), and such other facts as are known to the officer, that the alien could establish eligibility for asylum under section 208, and it is more probable than not that the statements made by, and on behalf of, the alien in support of the alien’s claim are true.”. SECTION 3. JURISDICTION OF ASYLUM APPLICATIONS. Section 208(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1158) is amended by striking subparagraph (C). SECTION 4. RECORDING EXPEDITED REMOVAL AND CREDIBLE FEAR INTERVIEWS. (a) In General.—The Secretary of Homeland Security shall establish quality assurance procedures and take steps to effectively ensure that questions by employees of the Department of Homeland Security exercising expedited removal authority under section 235(b) of the Immigration and Nationality Act (8 U.S.C. 1225(b)) are asked in a uniform manner, to the extent possible, and that both these questions and the answers provided in response to them are recorded in a uniform fashion. (b) Factors Relating To Sworn Statements.—Where practicable, any sworn or signed written statement taken of an alien as part of the record of a proceeding under section 235(b)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(A)) shall be accompanied by a recording of the interview which served as the basis for that sworn statement. (c) Interpreters.—The Secretary shall ensure that a competent interpreter, not affiliated with the government of the country from which the alien may claim asylum, is used when the interviewing officer does not speak a language understood by the alien. (d) Recordings In Immigration Proceedings.—There shall be an audio or audio visual recording of interviews of aliens subject to expedited removal. The recording shall be included in the record of proceeding and shall be considered as evidence in any further proceedings involving the alien. (e) No Private Right Of Action.—Nothing in this section shall be construed to create any right, benefit, trust, or responsibility, whether substantive or procedural, enforceable in law or equity by a party against the United States, its departments, agencies, instrumentalities, entities, officers, employees, or agents, or any person, nor does this section create any right of review in any administrative, judicial, or other proceeding. SECTION 5. SAFE THIRD COUNTRY. Section 208(a)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1158(a)(2)(A)) is amended— (1) by striking “Attorney General” each place it appears and inserting “Secretary of Homeland Security”; and (2) by striking “removed, pursuant to a bilateral or multilateral agreement, to” and inserting “removed to”. SECTION 6. RENUNCIATION OF ASYLUM STATUS PURSUANT TO RETURN TO HOME COUNTRY. (a) In General.—Section 208(c) of the Immigration and Nationality Act (8 U.S.C. 1158(c)) is amended by adding at the end the following new paragraph: “(4) RENUNCIATION OF STATUS PURSUANT TO RETURN TO HOME COUNTRY.— “(A) IN GENERAL.—Except as provided in subparagraph (B), any alien who is granted asylum status under this Act, who, absent changed country conditions, subsequently returns to the country of such alien’s nationality or, in the case of an alien having no nationality, returns to any country in which such alien last habitually resided, and who applied for such status because of persecution or a well-founded fear of persecution in that country on account of race, religion, nationality, membership in a particular social group, or political opinion, shall have his or her status terminated. “(B) WAIVER.—The Secretary has discretion to waive subparagraph (A) if it is established to the satisfaction of the Secretary that the alien had a compelling reason for the return. The waiver may be sought prior to departure from the United States or upon return.”. (b) Conforming Amendment.—Section 208(c)(3) of the Immigration and Nationality Act (8 U.S.C. 1158(c)(3)) is amended by inserting after “paragraph (2)” the following: “or (4)”. SECTION 7. NOTICE CONCERNING FRIVOLOUS ASYLUM APPLICATIONS. (a) In General.—Section 208(d)(4) of the Immigration and Nationality Act (8 U.S.C. 1158(d)(4)) is amended— (1) in the matter preceding subparagraph (A), by inserting “the Secretary of Homeland Security or” before “the Attorney General”; (2) in subparagraph (A), by striking “and of the consequences, under paragraph (6), of knowingly filing a frivolous application for asylum; and” and inserting a semicolon; (3) in subparagraph (B), by striking the period and inserting “; and”; and (4) by adding at the end the following: “(C) ensure that a written warning appears on the asylum application advising the alien of the consequences of filing a frivolous application and serving as notice to the alien of the consequence of filing a frivolous application.”. (b) Conforming Amendment.—Section 208(d)(6) of the Immigration and Nationality Act (8 U.S.C. 1158(d)(6)) is amended by striking “If the” and all that follows and inserting: “(A) If the Secretary of Homeland Security or the Attorney General determines that an alien has knowingly made a frivolous application for asylum and the alien has received the notice under paragraph (4)(C), the alien shall be permanently ineligible for any benefits under this chapter, effective as the date of the final determination of such an application. “(B) An application is frivolous if the Secretary of Homeland Security or the Attorney General determines, consistent with subparagraph (C), that— “(i) it is so insufficient in substance that it is clear that the applicant knowingly filed the application solely or in part to delay removal from the United States, to seek employment authorization as an applicant for asylum pursuant to regulations issued pursuant to paragraph (2), or to seek issuance of a Notice to Appeal in order to pursue Cancellation of Removal under section 240A(b); or “(ii) any of the material elements are knowingly fabricated. “(C) In determining that an application is frivolous, the Secretary or the Attorney General, must be satisfied that the applicant, during the course of the proceedings, has had sufficient opportunity to clarify any discrepancies or implausible aspects of the claim. “(D) For purposes of this section, a finding that an alien filed a frivolous asylum application shall not preclude the alien from seeking withholding of removal under section 241(b)(3) or protection pursuant to the Convention Against Torture.”. SECTION 8. ANTI-FRAUD INVESTIGATIVE WORK PRODUCT. (a) Asylum Credibility Determinations.—Section 208(b)(1)(B)(iii) of the Immigration and Nationality Act (8 U.S.C. 1158(b)(1)(B)(iii)) is amended by inserting after “all relevant factors” the following: “, including statements made to, and investigative reports prepared by, immigration authorities and other government officials”. (b) Relief For Removal Credibility Determinations.—Section 240(c)(4)(C) of the Immigration and Nationality Act (8 U.S.C. 1229a(c)(4)(C)) is amended by inserting after “all relevant factors” the following: “, including statements made to, and investigative reports prepared by, immigration authorities and other government officials”. SECTION 9. PENALTIES FOR ASYLUM FRAUD. Section 1001 of title 18 is amended by inserting at the end of the paragraph— “(d) Whoever, in any matter before the Secretary of Homeland Security or the Attorney General pertaining to asylum under section 208 of the Immigration and Nationality Act or withholding of removal under section 241(b)(3) of such Act, knowingly and willfully— “(1) makes any materially false, fictitious, or fraudulent statement or representation; or “(2) makes or uses any false writings or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry, shall be fined under this title or imprisoned not more than 10 years, or both.”. SECTION 10. STATUTE OF LIMITATIONS FOR ASYLUM FRAUD. Section 3291 of title 18 is amended— (1) by striking “1544,” and inserting “1544, and section 1546,”; and (2) by striking “offense.” and inserting “offense or within 10 years after the fraud is discovered.”. SECTION 11. TECHNICAL AMENDMENTS. Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158) is amended— (1) in subsection (a)— (A) in paragraph (2)(D), by inserting “Secretary of Homeland Security or the” before “Attorney General”; and (B) in paragraph (3), by inserting “Secretary of Homeland Security or the” before “Attorney General”; (2) in subsection (b)(2), by inserting “Secretary of Homeland Security or the” before “Attorney General” each place such term appears; (3) in subsection (c)— (A) in paragraph (1), by striking “Attorney General” each place such term appears and inserting “Secretary of Homeland Security”; (B) in paragraph (2), in the matter preceding subparagraph (A), by inserting “Secretary of Homeland Security or the” before “Attorney General”; and (C) in paragraph (3), by inserting “Secretary of Homeland Security or the” before “Attorney General”; and (4) in subsection (d)— (A) in paragraph (1), by inserting “Secretary of Homeland Security or the” before “Attorney General” each place such term appears; (B) in paragraph (2), by striking “Attorney General” and inserting “Secretary of Homeland Security”; and (C) in paragraph (5)— (i) in subparagraph (A), by striking “Attorney General” and inserting “Secretary of Homeland Security”; and in subparagraph (B), by inserting “Secretary of Homeland Security or the” before “Attorney General”. TITLE II - E-VERIFY SECTION 12. PERMANENT REAUTHORIZATION. Section 401(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208; 8 U.S.C. 1324a note) is amended by striking “Unless the Congress otherwise provides, the Secretary of Homeland Security shall terminate a pilot program on September 30, 2015.”. SECTION 13. MANDATORY USE OF E-VERIFY. (a) Federal Government.—Section 402(e)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended— (1) by amending subparagraph (A) to read as follows: “(A) EXECUTIVE DEPARTMENTS AND AGENCIES.—Each department and agency of the Federal Government shall participate in E-Verify by complying with the terms and conditions set forth in this section.”; and (2) in subparagraph (B), by striking “, that conducts hiring in a State” and all that follows and inserting “shall participate in E-Verify by complying with the terms and conditions set forth in this section.”. (b) Federal Contractors; Critical Employers.—Section 402(e) of such Act, as amended by subsection (a), is further amended— (1) by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively; and (2) by inserting after paragraph (1) the following: “(2) UNITED STATES CONTRACTORS.—Any person, employer, or other entity that enters into a contract with the Federal Government shall participate in E-Verify by complying with the terms and conditions set forth in this section. “(3) DESIGNATION OF CRITICAL EMPLOYERS.—Not later than 7 days after the date of the enactment of this paragraph, the Secretary of Homeland Security shall— “(A) conduct an assessment of employers that are critical to the homeland security or national security needs of the United States; “(B) designate and publish a list of employers and classes of employers that are deemed to be critical pursuant to the assessment conducted under subparagraph (A); and “(C) require that critical employers designated pursuant to subparagraph (B) participate in E-Verify by complying with the terms and conditions set forth in this section not later than 30 days after the Secretary makes such designation.”. (c) All Employers.—Section 402 of such Act, as amended by this section, is further amended— (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following: “(f) Mandatory Participation In E-Verify.— “(1) IN GENERAL.—Subject to paragraphs (2) and (3), all employers in the United States shall participate in E-Verify, with respect to all employees recruited, referred, or hired by such employer on or after the date that is 1 year after the date of the enactment of this subsection. “(2) USE OF CONTRACT LABOR.—Any employer who uses a contract, subcontract, or exchange to obtain the labor of an individual in the United States shall certify in such contract, subcontract, or exchange that the employer uses E-Verify. If such certification is not included in a contract, subcontract, or exchange, the employer shall be deemed to have violated paragraph (1). “(3) INTERIM MANDATORY PARTICIPATION.— “(A) IN GENERAL.—Before the date set forth in paragraph (1), the Secretary of Homeland Security shall require any employer or class of employers to participate in E-Verify, with respect to all employees recruited, referred, or hired by such employer if the Secretary has reasonable cause to believe that the employer is or has been engaged in a material violation of section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a). “(B) NOTIFICATION.—Not later than 14 days before an employer or class of employers is required to begin participating in E-Verify pursuant to subparagraph (A), the Secretary shall provide such employer or class of employers with— “(i) written notification of such requirement; and “(ii) appropriate training materials to facilitate compliance with such requirement.”. SECTION 14. CONSEQUENCES OF FAILURE TO PARTICIPATE. (a) In General.—Section 402(e)(5) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), as redesignated by section 3(b)(1), is amended to read as follows: “(5) CONSEQUENCES OF FAILURE TO PARTICIPATE.—If a person or other entity that is required to participate in E-Verify fails to comply with the requirements under this title with respect to an individual— “(A) such failure shall be treated as a violation of section 274A(a)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1324a) with respect to such individual; and “(B) a rebuttable presumption is created that the person or entity has violated section 274A(a)(1)(A) of such Act.”. (b) Penalties.—Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is amended— (1) in subsection (e)— (A) in paragraph (4)— (i) in subparagraph (A)— (I) in the matter preceding clause (i), by inserting “, subject to paragraph (10),” after “in an amount”; (II) in clause (i), by striking “not less than $250 and not more than $2,000” and inserting “not less than $2,500 and not more than $5,000”; (III) in clause (ii), by striking “not less than $2,000 and not more than $5,000” and inserting “not less than $5,000 and not more than $10,000”; (IV) in clause (iii), by striking “not less than $3,000 and not more than $10,000” and inserting “not less than $10,000 and not more than $25,000”; and (ii) by amending subparagraph (B) to read as follows: “(B) may require the person or entity to take such other remedial action as is appropriate.”; (B) in paragraph (5)— (i) by inserting “, subject to paragraphs (10) through (12),” after “in an amount”; (ii) by striking “$100 and not more than $1,000” and inserting “$1,000 and not more than $25,000”; (iii) by striking “the size of the business of the employer being charged, the good faith of the employer” and inserting “the good faith of the employer being charged”; and (iv) by adding at the end the following: “Failure by a person or entity to utilize the employment eligibility verification system as required by law, or providing information to the system that the person or entity knows or reasonably believes to be false, shall be treated as a violation of subsection (a)(1)(A).”; and (C) by adding at the end the following: “(10) EXEMPTION FROM PENALTY.—In the case of the imposition of a civil penalty under paragraph (4)(A) with respect to a violation of paragraph (1)(A) or (2) of subsection (a) for hiring, continuation of employment, recruitment, or referral by a person or entity and, in the case of the imposition of a civil penalty under paragraph (5) for a violation of subsection (a)(1)(B) for hiring, recruitment, or referral by a person or entity, the penalty otherwise imposed may be waived or reduced if the violator establishes that the violator acted in good faith. “(11) AUTHORITY TO DEBAR EMPLOYERS FOR CERTAIN VIOLATIONS.— “(A) IN GENERAL.—If a person or entity is determined by the Secretary of Homeland Security to be a repeat violator of paragraph (1)(A) or (2) of subsection (a), or is convicted of a crime under this section, such person or entity may be considered for debarment from the receipt of Federal contracts, grants, or cooperative agreements in accordance with the debarment standards and pursuant to the debarment procedures set forth in the Federal Acquisition Regulation. “(B) DOES NOT HAVE CONTRACT, GRANT, AGREEMENT.—If the Secretary of Homeland Security or the Attorney General wishes to have a person or entity considered for debarment in accordance with this paragraph, and such an person or entity does not hold a Federal contract, grant or cooperative agreement, the Secretary or the Attorney General shall refer the matter to the Administrator of General Services to determine whether to list the person or entity on the List of Parties Excluded from Federal Procurement, and if so, for what duration and under what scope. “(C) HAS CONTRACT, GRANT, AGREEMENT.—If the Secretary of Homeland Security or the Attorney General wishes to have a person or entity considered for debarment in accordance with this paragraph, and such person or entity holds a Federal contract, grant or cooperative agreement, the Secretary or the Attorney General shall advise all agencies or departments holding a contract, grant, or cooperative agreement with the person or entity of the Government’s interest in having the person or entity considered for debarment, and after soliciting and considering the views of all such agencies and departments, the Secretary or the Attorney General may waive the operation of this paragraph or refer the matter to any appropriate lead agency to determine whether to list the person or entity on the List of Parties Excluded from Federal Procurement, and if so, for what duration and under what scope. “(D) REVIEW.—Any decision to debar a person or entity under in accordance with this paragraph shall be reviewable pursuant to part 9.4 of the Federal Acquisition Regulation.”; and (2) in subsection (f)— (A) by amending paragraph (1) to read as follows: “(1) CRIMINAL PENALTY.—Any person or entity which engages in a pattern or practice of violations of subsection (a)(1) or (2) shall be fined not more than $15,000 for each unauthorized alien with respect to which such a violation occurs, imprisoned for not less than 1 year and not more than 10 years, or both, notwithstanding the provisions of any other Federal law relating to fine levels.”; and (B) in paragraph (2), by striking “Attorney General” each place it appears and inserting “Secretary of Homeland Security”. SECTION 15. PREEMPTION; LIABILITY. Section 402 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), as amended by this Act, is further amended by adding at the end the following: “(h) Limitation On State Authority.— “(1) PREEMPTION.—A State or local government may not prohibit a person or other entity from verifying the employment authorization of new hires or current employees through E-Verify. “(2) LIABILITY.—A person or other entity that participates in E-Verify may not be held liable under any Federal, State, or local law for any employment-related action taken with respect to the wrongful termination of an individual in good faith reliance on information provided through E-Verify.”. SECTION 16. EXPANDED USE OF E-VERIFY. Section 403(a)(3)(A) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended to read as follows: “(A) IN GENERAL.— “(i) BEFORE HIRING.—The person or other entity may verify the employment eligibility of an individual through E-Verify before the individual is hired, recruited, or referred if the individual consents to such verification. If an employer receives a tentative nonconfirmation for an individual, the employer shall comply with procedures prescribed by the Secretary of Homeland Security, including— “(I) providing the individual employees with private, written notification of the finding and written referral instructions; “(II) allowing the individual to contest the finding; and “(III) not taking adverse action against the individual if the individual chooses to contest the finding. “(ii) AFTER EMPLOYMENT OFFER.—The person or other entity shall verify the employment eligibility of an individual through E-Verify not later than 3 days after the date of the hiring, recruitment, or referral, as the case may be. “(iii) EXISTING EMPLOYEES.—Not later than 3 years after the date of the enactment of the Accountability Through Electronic Verification Act, the Secretary shall require all employers to use E-Verify to verify the identity and employment eligibility of any individual who has not been previously verified by the employer through E-Verify.”. SECTION 17. REVERIFICATION. Section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), as amended by section 6, is further amended by adding at the end the following: “(5) REVERIFICATION.—Each person or other entity participating in E-Verify shall use the E-Verify confirmation system to reverify the work authorization of any individual not later than 3 days after the date on which such individual’s employment authorization is scheduled to expire (as indicated by the Secretary or the documents provided to the employer pursuant to section 274A(b) of the Immigration and Nationality Act (8 U.S.C. 1324a(b))), in accordance with the procedures set forth in this subsection and section 402.”. SECTION 18. HOLDING EMPLOYERS ACCOUNTABLE. (a) Consequences Of Nonconfirmation.—Section 403(a)(4)(C) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324anote) is amended to read as follows: “(C) CONSEQUENCES OF NONCONFIRMATION.— “(i) TERMINATION AND NOTIFICATION.—If the person or other entity receives a final nonconfirmation regarding an individual, the employer shall immediately— “(I) terminate the employment, recruitment, or referral of the individual; and “(II) submit to the Secretary any information relating to the individual that the Secretary determines would assist the Secretary in enforcing or administering United States immigration laws. “(ii) CONSEQUENCE OF CONTINUED EMPLOYMENT.—If the person or other entity continues to employ, recruit, or refer the individual after receiving final nonconfirmation, a rebuttable presumption is created that the employer has violated section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a).”. (b) Interagency Nonconfirmation Report.—Section 405 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended by adding at the end the following: “(c) Interagency Nonconfirmation Report.— “(1) IN GENERAL.—The Director of U.S. Citizenship and Immigration Services shall submit a weekly report to the Assistant Secretary of Immigration and Customs Enforcement that includes, for each individual who receives final nonconfirmation through E-Verify— “(A) the name of such individual; “(B) his or her Social Security number or alien file number; “(C) the name and contact information for his or her current employer; and “(D) any other critical information that the Assistant Secretary determines to be appropriate. “(2) USE OF WEEKLY REPORT.—The Secretary of Homeland Security shall use information provided under paragraph (1) to enforce compliance of the United States immigration laws.”. SECTION 19. INFORMATION SHARING. The Commissioner of Social Security, the Secretary of Homeland Security, and the Secretary of the Treasury shall jointly establish a program to share information among such agencies that may or could lead to the identification of unauthorized aliens (as defined under section 274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)), including no-match letters and any information in the earnings suspense file. SECTION 20. FORM I–9 PROCESS. Not later than 9 months after date of the enactment of this Act, the Secretary of Homeland Security shall submit a report to Congress that contains recommendations for— (1) modifying and simplifying the process by which employers are required to complete and retain a Form I–9 for each employee pursuant to section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a); and (2) eliminating the process described in paragraph (1). SECTION 21. ALGORITHM. Section 404(d) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended to read as follows: “(d) Design And Operation Of System.—E-Verify shall be designed and operated— “(1) to maximize its reliability and ease of use by employers; “(2) to insulate and protect the privacy and security of the underlying information; “(3) to maintain appropriate administrative, technical, and physical safeguards to prevent unauthorized disclosure of personal information; “(4) to respond accurately to all inquiries made by employers on whether individuals are authorized to be employed; “(5) to register any time when E-Verify is unable to receive inquiries; “(6) to allow for auditing use of the system to detect fraud and identify theft; “(7) to preserve the security of the information in all of the system by— “(A) developing and using algorithms to detect potential identity theft, such as multiple uses of the same identifying information or documents; “(B) developing and using algorithms to detect misuse of the system by employers and employees; “(C) developing capabilities to detect anomalies in the use of the system that may indicate potential fraud or misuse of the system; and “(D) auditing documents and information submitted by potential employees to employers, including authority to conduct interviews with employers and employees; “(8) to confirm identity and work authorization through verification of records maintained by the Secretary, other Federal departments, States, the Commonwealth of the Northern Mariana Islands, or an outlying possession of the United States, as determined necessary by the Secretary, including— “(A) records maintained by the Social Security Administration; “(B) birth and death records maintained by vital statistics agencies of any State or other jurisdiction in the United States; “(C) passport and visa records (including photographs) maintained by the Department of State; and “(D) State driver's license or identity card information (including photographs) maintained by State department of motor vehicles; “(9) to electronically confirm the issuance of the employment authorization or identity document; and “(10) to display the digital photograph that the issuer placed on the document so that the employer can compare the photograph displayed to the photograph on the document presented by the employee or, in exceptional cases, if a photograph is not available from the issuer, to provide for a temporary alternative procedure, specified by the Secretary, for confirming the authenticity of the document.”. SECTION 22. IDENTITY THEFT. Section 1028 of title 18, United States Code, is amended— (1) in subsection (a)(7), by striking “of another person” and inserting “that is not his or her own”; and (2) in subsection (b)(3)— (A) in subparagraph (B), by striking “or” at the end; (B) in subparagraph (C), by adding “or” at the end; and (C) by adding at the end the following: “(D) to facilitate or assist in harboring or hiring unauthorized workers in violation of section 274, 274A, or 274C of the Immigration and Nationality Act (8 U.S.C. 1324, 1324a, and 1324c).”. SECTION 23. SMALL BUSINESS DEMONSTRATION PROGRAM. Section 403 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), as amended by this Act, is further amended— (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following: “(d) Small Business Demonstration Program.—Not later than 9 months after the date of the enactment of the Accountability Through Electronic Verification Act, the Director of U.S. Citizenship and Immigration Services shall establish a demonstration program that assists small businesses in rural areas or areas without internet capabilities to verify the employment eligibility of newly hired employees solely through the use of publicly accessible internet terminals.”. TITLE III – VISA OVERSTAY SECTION 24. BIOMETRIC EXIT DATA SYSTEM. (a) In General.—Subtitle B of title IV of the Homeland Security Act of 2002 (6 U.S.C. 211 et seq.) is amended by inserting after section 417 the following new section: “SEC. 418. BIOMETRIC ENTRY-EXIT. “(a) Establishment.—The Secretary shall— “(1) not later than 180 days after the date of the enactment of this section, submit to the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate and the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives an implementation plan to establish a biometric exit data system to complete the integrated biometric entry and exit data system required under section 7208 of the Intelligence Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1365b), including— “(A) an integrated master schedule and cost estimate, including requirements and design, development, operational, and maintenance costs of such a system, that takes into account prior reports on such matters issued by the Government Accountability Office and the Department; “(B) cost-effective staffing and personnel requirements of such a system that leverages existing resources of the Department that takes into account prior reports on such matters issued by the Government Accountability Office and the Department; “(C) a consideration of training programs necessary to establish such a system that takes into account prior reports on such matters issued by the Government Accountability Office and the Department; “(D) a consideration of how such a system will affect arrival and departure wait times that takes into account prior reports on such matter issued by the Government Accountability Office and the Department; “(E) information received after consultation with private sector stakeholders, including the— “(i) trucking industry; “(ii) airport industry; “(iii) airline industry; “(iv) seaport industry; “(v) travel industry; and “(vi) biometric technology industry; “(F) a consideration of how trusted traveler programs in existence as of the date of the enactment of this Act may be impacted by, or incorporated into, such a system; “(G) defined metrics of success and milestones; “(H) identified risks and mitigation strategies to address such risks; and “(I) a consideration of how other countries have implemented a biometric exit data system; and “(2) not later than two years after the date of the enactment of this section, establish a biometric exit data system at the— “(A) 15 United States airports that support the highest volume of international air travel, as determined by available Federal flight data; “(B) 10 United States seaports that support the highest volume of international sea travel, as determined by available Federal travel data; and “(C) 15 United States land ports of entry that support the highest volume of vehicle, pedestrian, and cargo crossings, as determined by available Federal border crossing data. “(b) Implementation.— “(1) PILOT PROGRAM AT LAND PORTS OF ENTRY FOR NON-PEDESTRIAN OUTBOUND TRAFFIC.—Not later than six months after the date of the enactment of this section, the Secretary, in collaboration with industry stakeholders, shall establish a six-month pilot program to test the biometric exit data system referred to in subsection (a)(2) on non-pedestrian outbound traffic at not fewer than three land ports of entry with significant cross-border traffic, including at not fewer than two land ports of entry on the southern land border and at least one land port of entry on the northern land border. Such pilot program may include a consideration of more than one biometric mode, and shall be implemented to determine the following: “(A) How a nationwide implementation of such biometric exit data system at land ports of entry shall be carried out. “(B) The infrastructure required to carry out subparagraph (A). “(C) The effects of such pilot program on legitimate travel and trade. “(D) The effects of such pilot program on wait times, including processing times, for such non-pedestrian traffic. “(E) The effects of such pilot program on combating terrorism. “(F) The effects of such pilot program on identifying visa holders who violate the terms of their visas. “(2) AT LAND PORTS OF ENTRY FOR NON-PEDESTRIAN OUTBOUND TRAFFIC.— “(A) IN GENERAL.—Not later than five years after the date of the enactment of this section, the Secretary shall expand the biometric exit data system referred to in subsection (a)(2) to all land ports of entry, and such system shall apply only in the case of non-pedestrian outbound traffic. “(B) EXTENSION.—The Secretary may extend for a single two-year period the date specified in subparagraph (A) if the Secretary certifies to the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate and the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives that the 15 land ports of entry that support the highest volume of passenger vehicles, as determined by available Federal data, do not have the physical infrastructure or characteristics to install the systems necessary to implement a biometric exit data system. “(3) AT AIR AND SEA PORTS OF ENTRY.—Not later than five years after the date of the enactment of this section, the Secretary shall expand the biometric exit data system referred to in subsection (a)(2) to all air and sea ports of entry. “(4) AT LAND PORTS OF ENTRY FOR PEDESTRIANS.—Not later than five years after the date of the enactment of this section, the Secretary shall expand the biometric exit data system referred to in subsection (a)(2) to all land ports of entry, and such system shall apply only in the case of pedestrians. “(c) Effects On Air, Sea, And Land Transportation.—The Secretary, in consultation with appropriate private sector stakeholders, shall ensure that the collection of biometric data under this section causes the least possible disruption to the movement of people or cargo in air, sea, or land transportation, while fulfilling the goals of improving counterterrorism efforts and identifying visa holders who violate the terms of their visas. “(d) Termination Of Proceeding.—Notwithstanding any other provision of law, the Secretary shall, on the date of the enactment of this section, terminate the proceeding entitled ‘Collection of Alien Biometric Data Upon Exit From the United States at Air and Sea Ports of Departure; United States Visitor and Immigrant Status Indicator Technology Program ( ‘US-VISIT’)’, issued on April 24, 2008 (73 Fed. Reg. 22065). “(e) Data-Matching.—The biometric exit data system established under this section shall— “(1) match biometric information for an individual who is departing the United States against biometric data previously provided to the United States Government by such individual for the purposes of international travel; “(2) leverage the infrastructure and databases of the current biometric entry and exit system established pursuant to section 7208 of the Intelligence Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1365b) for the purpose described in paragraph (1); and “(3) be interoperable with, and allow matching against, other Federal databases that— “(A) store biometrics of known or suspected terrorists; and “(B) identify visa holders who violate the terms of their visas. “(f) Scope.— “(1) IN GENERAL.—The biometric exit data system established under this section shall include a requirement for the collection of biometric exit data at the time of departure for all categories of individuals who are required by the Secretary to provide biometric entry data. “(2) EXCEPTION FOR CERTAIN OTHER INDIVIDUALS.—This section shall not apply in the case of an individual who exits and then enters the United States on a passenger vessel (as such term is defined in section 2101 of title 46, United States Code) the itinerary of which originates and terminates in the United States. “(3) EXCEPTION FOR LAND PORTS OF ENTRY.—This section shall not apply in the case of a United States or Canadian citizen who exits the United States through a land port of entry. “(g) Collection Of Data.—The Secretary may not require any non-Federal person to collect biometric data, or contribute to the costs of collecting or administering the biometric exit data system established under this section, except through a mutual agreement. “(h) Multi-Modal Collection.—In carrying out subsections (a)(1) and (b), the Secretary shall make every effort to collect biometric data using multiple modes of biometrics. “(i) Facilities.—All facilities at which the biometric exit data system established under this section is implemented shall provide and maintain space for Federal use that is adequate to support biometric data collection and other inspection-related activity. For non-federally owned facilities, such space shall be provided and maintained at no cost to the Government. “(j) Northern Land Border.—In the case of the northern land border, the requirements under subsections (a)(2)(C), (b)(2)(A), and (b)(4) may be achieved through the sharing of biometric data provided to U.S. Customs and Border Protection by the Canadian Border Services Agency pursuant to the 2011 Beyond the Border agreement. “(k) Fair And Open Competition.—The Secretary shall procure goods and services to implement this section via fair and open competition in accordance with the Federal Acquisition Regulations. “(l) Other Biometric Initiatives.—The Secretary may pursue biometric initiatives at air, land, and sea ports of entry for the purposes of border security and trade facilitation distinct from the biometric exit data system described in this section. “(m) Congressional Review.—Not later than 90 days after the date of the enactment of this section, the Secretary shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on the Judiciary of the Senate, the Committee on Homeland Security of the House of Representatives, and Committee on the Judiciary of the House of Representatives reports and recommendations regarding the Science and Technology Directorate’s Air Entry and Exit Re-Engineering Program of the Department and the U.S. Customs and Border Protection entry and exit mobility program demonstrations. “(n) Savings Clause.—Nothing in this section shall prohibit the collection of user fees permitted by section 13031 of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c).”. (b) Clerical Amendment.—The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 417 the following new item: “Sec. 418. Biometric entry-exit.”. SECTION 25. VISA OVERSTAYS CRIMINALIZED. (a) In General.—The Immigration and Nationality Act is amended by inserting after section 274D the following: “SEC. 274E. VISA OVERSTAYS. “(a) In General.—Except as provided in subsection (b), any alien who remains in the United States for any period of time after the date on which any visa or status under which the alien is lawfully present has expired shall— “(1) for the first commission of any such offense, be fined under title 18, United States Code, or imprisoned no more than 6 months, or both; and “(2) for a subsequent commission of any such offense, be fined under title 18, United States Code, or imprisoned not more than 2 years, or both. “(b) Exception.—If the Secretary of Homeland Security determines on an individual case-by-case basis that, because of reasons of a medical necessity, public safety, or national security, the alien violated subsection (a), the alien shall not be subject to the penalties under subsection (a). “(c) Limitation On Reentry.— “(1) FIRST OFFENDERS.—Any alien convicted of a violation of subsection (a)(1)— “(A) may not be admitted to the United States for a period of 5 years, beginning on the date of the conviction; and “(B) may not be granted a visa for a period of 10 years, beginning on the date of the conviction. “(2) SUBSEQUENT OFFENSES.—Any alien convicted of a violation of subsection (a)(2)— “(A) may not be admitted to the United States; and “(B) may not be granted a visa. “(d) Disclosure Of Penalties.—In the case of any application or petition by or on behalf of an alien for admission to the United States, the Secretary of State or the Secretary of Homeland Security shall provide the alien with notice of the penalties under this section and section 275 on receipt of the application or petition, and again at the time of admission.”. (b) Clerical Amendment.—The table of contents of the Immigration and Nationality Act is amended by inserting after the item relating to section 274D the following: “274E. Visa overstays.”. TITLE IV – BORDER SECURITY SECTION 26. AIR AND MARINE OPERATIONS FLIGHT HOURS. (a) Increased Flight Hours.—The Secretary shall ensure that not fewer than 95,000 annual flight hours are carried out by Air and Marine Operations of U.S. Customs and Border Protection. (b) Unmanned Aerial System.—The Secretary, after coordination with the Administrator of the Federal Aviation Administration, shall ensure that Air and Marine Operations operate unmanned aerial systems on the southern border of the United States for not less than 24 hours per day for five days per week. (c) Contract Air Support Authorization.—The Commissioner shall contract for the unfulfilled identified air support mission critical hours, as identified by the Chief of the U.S. Border Patrol. (d) Primary Mission.—The Commissioner shall ensure that— (1) the primary missions for Air and Marine Operations are to directly support U.S. Border Patrol activities along the southern border of the United States and Joint Interagency Task Force South operations in the transit zone; and (2) the Executive Assistant Commissioner of Air and Marine Operations assigns the greatest priority to support missions established by the Commissioner to carry out the requirements under this Act. (e) High-Demand Flight Hour Requirements.—In accordance with subsection (d), the Commissioner shall ensure that U.S. Border Patrol Sector Chiefs— (1) identify critical flight hour requirements; and (2) direct Air and Marine Operations to support requests from Sector Chiefs as their primary mission. (f) Small Unmanned Aerial Vehicles.— (1) IN GENERAL.—The Chief of the U.S. Border Patrol shall be the executive agent for U.S. Customs and Border Protection’s use of small unmanned aerial vehicles for the purpose of meeting the U.S. Border Patrol’s unmet flight hour operational requirements and to achieve situational awareness and operational control. (2) COORDINATION.—In carrying out paragraph (1), the Chief of the U.S. Border Patrol shall— (A) coordinate flight operations with the Administrator of the Federal Aviation Administration to ensure the safe and efficient operation of the National Airspace System; and (B) coordinate with the Executive Assistant Commissioner for Air and Marine Operations of U.S. Customs and Border Protection to ensure the safety of other U.S. Customs and Border Protection aircraft flying in the vicinity of small unmanned aerial vehicles operated by the U.S. Border Patrol. (3) CONFORMING AMENDMENT.—Paragraph (3) of section 411(e) of the Homeland Security Act of 2002 (6 U.S.C. 211(e)) is amended— (A) in subparagraph (B), by striking “and” after the semicolon at the end; (B) by redesignating subparagraph (C) as subparagraph (D); and (C) by inserting after subparagraph (B) the following new subparagraph: “(C) carry out the small unmanned aerial vehicle requirements pursuant to subsection (f) of section 1112 of the Border Security for America Act of 2018; and”. (g) Saving Clause.—Nothing in this section shall confer, transfer, or delegate to the Secretary, the Commissioner, the Executive Assistant Commissioner for Air and Marine Operations of U.S. Customs and Border Protection, or the Chief of the U.S. Border Patrol any authority of the Secretary of Transportation or the Administrator of the Federal Aviation Administration relating to the use of airspace or aviation safety. SECTION 27. CAPABILITY DEPLOYMENT TO SPECIFIC SECTORS AND TRANSIT ZONE. (a) In General.—Not later than September 30, 2023, the Secretary, in implementing section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (as amended by section 1111 of this division), and acting through the appropriate component of the Department of Homeland Security, shall deploy to each sector or region of the southern border and the northern border, in a prioritized manner to achieve situational awareness and operational control of such borders, the following additional capabilities: (1) SAN DIEGO SECTOR.—For the San Diego sector, the following: (A) Tower-based surveillance technology. (B) Subterranean surveillance and detection technologies. (C) To increase coastal maritime domain awareness, the following: (i) Deployable, lighter-than-air surface surveillance equipment. (ii) Unmanned aerial vehicles with maritime surveillance capability. (iii) U.S. Customs and Border Protection maritime patrol aircraft. (iv) Coastal radar surveillance systems. (v) Maritime signals intelligence capabilities. (D) Ultralight aircraft detection capabilities. (E) Advanced unattended surveillance sensors. (F) A rapid reaction capability supported by aviation assets. (G) Mobile vehicle-mounted and man-portable surveillance capabilities. (H) Man-portable unmanned aerial vehicles. (I) Improved agent communications capabilities. (2) EL CENTRO SECTOR.—For the El Centro sector, the following: (A) Tower-based surveillance technology. (B) Deployable, lighter-than-air ground surveillance equipment. (C) Man-portable unmanned aerial vehicles. (D) Ultralight aircraft detection capabilities. (E) Advanced unattended surveillance sensors. (F) A rapid reaction capability supported by aviation assets. (G) Man-portable unmanned aerial vehicles. (H) Improved agent communications capabilities. (3) YUMA SECTOR.—For the Yuma sector, the following: (A) Tower-based surveillance technology. (B) Deployable, lighter-than-air ground surveillance equipment. (C) Ultralight aircraft detection capabilities. (D) Advanced unattended surveillance sensors. (E) A rapid reaction capability supported by aviation assets. (F) Mobile vehicle-mounted and man-portable surveillance systems. (G) Man-portable unmanned aerial vehicles. (H) Improved agent communications capabilities. (4) TUCSON SECTOR.—For the Tucson sector, the following: (A) Tower-based surveillance technology. (B) Increased flight hours for aerial detection, interdiction, and monitoring operations capability. (C) Deployable, lighter-than-air ground surveillance equipment. (D) Ultralight aircraft detection capabilities. (E) Advanced unattended surveillance sensors. (F) A rapid reaction capability supported by aviation assets. (G) Man-portable unmanned aerial vehicles. (H) Improved agent communications capabilities. (5) EL PASO SECTOR.—For the El Paso sector, the following: (A) Tower-based surveillance technology. (B) Deployable, lighter-than-air ground surveillance equipment. (C) Ultralight aircraft detection capabilities. (D) Advanced unattended surveillance sensors. (E) Mobile vehicle-mounted and man-portable surveillance systems. (F) A rapid reaction capability supported by aviation assets. (G) Mobile vehicle-mounted and man-portable surveillance capabilities. (H) Man-portable unmanned aerial vehicles. (I) Improved agent communications capabilities. (6) BIG BEND SECTOR.—For the Big Bend sector, the following: (A) Tower-based surveillance technology. (B) Deployable, lighter-than-air ground surveillance equipment. (C) Improved agent communications capabilities. (D) Ultralight aircraft detection capabilities. (E) Advanced unattended surveillance sensors. (F) A rapid reaction capability supported by aviation assets. (G) Mobile vehicle-mounted and man-portable surveillance capabilities. (H) Man-portable unmanned aerial vehicles. (I) Improved agent communications capabilities. (7) DEL RIO SECTOR.—For the Del Rio sector, the following: (A) Tower-based surveillance technology. (B) Increased monitoring for cross-river dams, culverts, and footpaths. (C) Improved agent communications capabilities. (D) Improved maritime capabilities in the Amistad National Recreation Area. (E) Advanced unattended surveillance sensors. (F) A rapid reaction capability supported by aviation assets. (G) Mobile vehicle-mounted and man-portable surveillance capabilities. (H) Man-portable unmanned aerial vehicles. (I) Improved agent communications capabilities. (8) LAREDO SECTOR.—For the Laredo sector, the following: (A) Tower-based surveillance technology. (B) Maritime detection resources for the Falcon Lake region. (C) Increased flight hours for aerial detection, interdiction, and monitoring operations capability. (D) Increased monitoring for cross-river dams, culverts, and footpaths. (E) Ultralight aircraft detection capability. (F) Advanced unattended surveillance sensors. (G) A rapid reaction capability supported by aviation assets. (H) Man-portable unmanned aerial vehicles. (I) Improved agent communications capabilities. (9) RIO GRANDE VALLEY SECTOR.—For the Rio Grande Valley sector, the following: (A) Tower-based surveillance technology. (B) Deployable, lighter-than-air ground surveillance equipment. (C) Increased flight hours for aerial detection, interdiction, and monitoring operations capability. (D) Ultralight aircraft detection capability. (E) Advanced unattended surveillance sensors. (F) Increased monitoring for cross-river dams, culverts, footpaths. (G) A rapid reaction capability supported by aviation assets. (H) Increased maritime interdiction capabilities. (I) Mobile vehicle-mounted and man-portable surveillance capabilities. (J) Man-portable unmanned aerial vehicles. (K) Improved agent communications capabilities. (10) BLAINE SECTOR.—For the Blaine sector, the following: (A) Increased flight hours for aerial detection, interdiction, and monitoring operations capability. (B) Coastal radar surveillance systems. (C) Increased maritime interdiction capabilities. (D) Mobile vehicle-mounted and man-portable surveillance capabilities. (E) Advanced unattended surveillance sensors. (F) Ultralight aircraft detection capabilities. (G) Man-portable unmanned aerial vehicles. (H) Improved agent communications capabilities. (11) SPOKANE SECTOR.—For the Spokane sector, the following: (A) Increased flight hours for aerial detection, interdiction, and monitoring operations capability. (B) Increased maritime interdiction capabilities. (C) Mobile vehicle-mounted and man-portable surveillance capabilities. (D) Advanced unattended surveillance sensors. (E) Ultralight aircraft detection capabilities. (F) Completion of six miles of the Bog Creek road. (G) Man-portable unmanned aerial vehicles. (H) Improved agent communications systems. (12) HAVRE SECTOR.—For the Havre sector, the following: (A) Increased flight hours for aerial detection, interdiction, and monitoring operations capability. (B) Mobile vehicle-mounted and man-portable surveillance capabilities. (C) Advanced unattended surveillance sensors. (D) Ultralight aircraft detection capabilities. (E) Man-portable unmanned aerial vehicles. (F) Improved agent communications systems. (13) GRAND FORKS SECTOR.—For the Grand Forks sector, the following: (A) Increased flight hours for aerial detection, interdiction, and monitoring operations capability. (B) Mobile vehicle-mounted and man-portable surveillance capabilities. (C) Advanced unattended surveillance sensors. (D) Ultralight aircraft detection capabilities. (E) Man-portable unmanned aerial vehicles. (F) Improved agent communications systems. (14) DETROIT SECTOR.—For the Detroit sector, the following: (A) Increased flight hours for aerial detection, interdiction, and monitoring operations capability. (B) Coastal radar surveillance systems. (C) Increased maritime interdiction capabilities. (D) Mobile vehicle-mounted and man-portable surveillance capabilities. (E) Advanced unattended surveillance sensors. (F) Ultralight aircraft detection capabilities. (G) Man-portable unmanned aerial vehicles. (H) Improved agent communications systems. (15) BUFFALO SECTOR.—For the Buffalo sector, the following: (A) Increased flight hours for aerial detection, interdiction, and monitoring operations capability. (B) Coastal radar surveillance systems. (C) Increased maritime interdiction capabilities. (D) Mobile vehicle-mounted and man-portable surveillance capabilities. (E) Advanced unattended surveillance sensors. (F) Ultralight aircraft detection capabilities. (G) Man-portable unmanned aerial vehicles. (H) Improved agent communications systems. (16) SWANTON SECTOR.—For the Swanton sector, the following: (A) Increased flight hours for aerial detection, interdiction, and monitoring operations capability. (B) Mobile vehicle-mounted and man-portable surveillance capabilities. (C) Advanced unattended surveillance sensors. (D) Ultralight aircraft detection capabilities. (E) Man-portable unmanned aerial vehicles. (F) Improved agent communications systems. (17) HOULTON SECTOR.—For the Houlton sector, the following: (A) Increased flight hours for aerial detection, interdiction, and monitoring operations capability. (B) Mobile vehicle-mounted and man-portable surveillance capabilities. (C) Advanced unattended surveillance sensors. (D) Ultralight aircraft detection capabilities. (E) Man-portable unmanned aerial vehicles. (F) Improved agent communications systems. (18) TRANSIT ZONE.—For the transit zone, the following: (A) Not later than two years after the date of the enactment of this Act, an increase in the number of overall cutter, boat, and aircraft hours spent conducting interdiction operations over the average number of such hours during the preceding three fiscal years. (B) Increased maritime signals intelligence capabilities. (C) To increase maritime domain awareness, the following: (i) Unmanned aerial vehicles with maritime surveillance capability. (ii) Increased maritime aviation patrol hours. (D) Increased operational hours for maritime security components dedicated to joint counter-smuggling and interdiction efforts with other Federal agencies, including the Deployable Specialized Forces of the Coast Guard. (E) Coastal radar surveillance systems with long range day and night cameras capable of providing full maritime domain awareness of the United States territorial waters surrounding Puerto Rico, Mona Island, Desecheo Island, Vieques Island, Culebra Island, Saint Thomas, Saint John, and Saint Croix. (b) Tactical Flexibility.— (1) SOUTHERN AND NORTHERN LAND BORDERS.— (A) IN GENERAL.—Beginning on September 30, 2022, or after the Secretary has deployed at least 25 percent of the capabilities required in each sector specified in subsection (a), whichever comes later, the Secretary may deviate from such capability deployments if the Secretary determines that such deviation is required to achieve situational awareness or operational control. (B) NOTIFICATION.—If the Secretary exercises the authority described in subparagraph (A), the Secretary shall, not later than 90 days after such exercise, notify the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives regarding the deviation under such subparagraph that is the subject of such exercise. If the Secretary makes any changes to such deviation, the Secretary shall, not later than 90 days after any such change, notify such committees regarding such change. (2) TRANSIT ZONE.— (A) NOTIFICATION.—The Secretary shall notify the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Homeland Security of the House of Representatives, and the Committee on Transportation and Infrastructure of the House of Representatives regarding the capability deployments for the transit zone specified in paragraph (18) of subsection (a), including information relating to— (i) the number and types of assets and personnel deployed; and (ii) the impact such deployments have on the capability of the Coast Guard to conduct its mission in the transit zone referred to in paragraph (18) of subsection (a). (B) ALTERATION.—The Secretary may alter the capability deployments referred to in this section if the Secretary— (i) determines, after consultation with the committees referred to in subparagraph (A), that such alteration is necessary; and (ii) not later than 30 days after making a determination under clause (i), notifies the committees referred to in such subparagraph regarding such alteration, including information relating to— (I) the number and types of assets and personnel deployed pursuant to such alteration; and (II) the impact such alteration has on the capability of the Coast Guard to conduct its mission in the transit zone referred to in paragraph (18) of subsection (a). (c) Exigent Circumstances.— (1) IN GENERAL.—Notwithstanding subsection (b), the Secretary may deploy the capabilities referred to in subsection (a) in a manner that is inconsistent with the requirements specified in such subsection if, after the Secretary has deployed at least 25 percent of such capabilities, the Secretary determines that exigent circumstances demand such an inconsistent deployment or that such an inconsistent deployment is vital to the national security interests of the United States. (2) NOTIFICATION.—The Secretary shall notify the Committee on Homeland Security of the House of Representative and the Committee on Homeland Security and Governmental Affairs of the Senate not later than 30 days after making a determination under paragraph (1). Such notification shall include a detailed justification regarding such determination. (d) Integration.—In carrying out subsection (a), the Secretary shall, to the greatest extent practicable, integrate, within each sector or region of the southern border and northern border, as the case may be, the deployed capabilities specified in such subsection as necessary to achieve situational awareness and operational control of such borders. SECTION 28. U.S. BORDER PATROL ACTIVITIES. The Chief of the U.S. Border Patrol shall prioritize the deployment of U.S. Border Patrol agents to as close to the physical land border as possible, consistent with border security enforcement priorities and accessibility to such areas. SEC. 29. BORDER SECURITY TECHNOLOGY PROGRAM MANAGEMENT. (a) In General.—Subtitle C of title IV of the Homeland Security Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the following new section: “SEC. 435. BORDER SECURITY TECHNOLOGY PROGRAM MANAGEMENT. “(a) Major Acquisition Program Defined.—In this section, the term ‘major acquisition program’ means an acquisition program of the Department that is estimated by the Secretary to require an eventual total expenditure of at least $300,000,000 (based on fiscal year 2018 constant dollars) over its life cycle cost. “(b) Planning Documentation.—For each border security technology acquisition program of the Department that is determined to be a major acquisition program, the Secretary shall— “(1) ensure that each such program has a written acquisition program baseline approved by the relevant acquisition decision authority; “(2) document that each such program is meeting cost, schedule, and performance thresholds as specified in such baseline, in compliance with relevant departmental acquisition policies and the Federal Acquisition Regulation; and “(3) have a plan for meeting program implementation objectives by managing contractor performance. “(c) Adherence To Standards.—The Secretary, acting through the Under Secretary for Management and the Commissioner of U.S. Customs and Border Protection, shall ensure border security technology acquisition program managers who are responsible for carrying out this section adhere to relevant internal control standards identified by the Comptroller General of the United States. The Commissioner shall provide information, as needed, to assist the Under Secretary in monitoring management of border security technology acquisition programs under this section. “(d) Plan.—The Secretary, acting through the Under Secretary for Management, in coordination with the Under Secretary for Science and Technology and the Commissioner of U.S. Customs and Border Protection, shall submit to the appropriate congressional committees a plan for testing, evaluating, and using independent verification and validation resources for border security technology. Under the plan, new border security technologies shall be evaluated through a series of assessments, processes, and audits to ensure— “(1) compliance with relevant departmental acquisition policies and the Federal Acquisition Regulation; and “(2) the effective use of taxpayer dollars.”. (b) Clerical Amendment.—The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 433 the following new item: “Sec. 435. Border security technology program management.”. (c) Prohibition On Additional Authorization Of Appropriations.—No additional funds are authorized to be appropriated to carry out section 435 of the Homeland Security Act of 2002, as added by subsection (a). Such section shall be carried out using amounts otherwise authorized for such purposes. SECTION 30. PROHIBITIONS ON ACTIONS THAT IMPEDE BORDER SECURITY ON CERTAIN FEDERAL LAND. (a) Prohibition On Interference With U.S. Customs And Border Protection.— (1) IN GENERAL.—The Secretary concerned may not impede, prohibit, or restrict activities of U.S. Customs and Border Protection on covered Federal land to carry out the activities described in subsection (b). (2) APPLICABILITY.—The authority of U.S. Customs and Border Protection to conduct activities described in subsection (b) on covered Federal land applies without regard to whether a state of emergency exists. (b) Authorized Activities Of U.S. Customs And Border Protection.— (1) IN GENERAL.—U.S. Customs and Border Protection shall have immediate access to covered Federal land to conduct the activities described in paragraph (2) on such land to prevent all unlawful entries into the United States, including entries by terrorists, unlawful aliens, instruments of terrorism, narcotics, and other contraband through the southern border or the northern border. (2) ACTIVITIES DESCRIBED.—The activities described in this paragraph are— (A) carrying out section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Division C of Public Law 104–208; 8 U.S.C. 1103note), as amended by section 1111 of this division; (B) the execution of search and rescue operations; (C) the use of motorized vehicles, foot patrols, and horseback to patrol the border area, apprehend illegal entrants, and rescue individuals; and (D) the remediation of tunnels used to facilitate unlawful immigration or other illicit activities. (c) Clarification Relating To Waiver Authority.— (1) IN GENERAL.—The activities of U.S. Customs and Border Protection described in subsection (b)(2) may be carried out without regard to the provisions of law specified in paragraph (2). (2) PROVISIONS OF LAW SPECIFIED.—The provisions of law specified in this section are all Federal, State, or other laws, regulations, and legal requirements of, deriving from, or related to the subject of, the following laws: (A) The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (B) The Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (C) The Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) (commonly referred to as the “Clean Water Act”). (D) Division A of subtitle III of title 54, United States Code (54 U.S.C. 300301 et seq.) (formerly known as the “National Historic Preservation Act”). (E) The Migratory Bird Treaty Act (16 U.S.C. 703 et seq.). (F) The Clean Air Act (42 U.S.C. 7401 et seq.). (G) The Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.). (H) The Safe Drinking Water Act (42 U.S.C. 300f et seq.). (I) The Noise Control Act of 1972 (42 U.S.C. 4901 et seq.). (J) The Solid Waste Disposal Act (42 U.S.C. 6901 et seq.). (K) The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.). (L) Chapter 3125 of title 54, United States Code (formerly known as the “Archaeological and Historic Preservation Act”). (M) The Antiquities Act (16 U.S.C. 431 et seq.). (N) Chapter 3203 of title 54, United States Code (formerly known as the “Historic Sites, Buildings, and Antiquities Act”). (O) The Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.). (P) The Farmland Protection Policy Act (7 U.S.C. 4201 et seq.). (Q) The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.). (R) The Wilderness Act (16 U.S.C. 1131 et seq.). (S) The Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.). (T) The National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.). (U) The Fish and Wildlife Act of 1956 (16 U.S.C. 742a et seq.). (V) The Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.). (W) Subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the “Administrative Procedure Act”). (X) The Otay Mountain Wilderness Act of 1999 (Public Law 106–145). (Y) Sections 102(29) and 103 of the California Desert Protection Act of 1994 (Public Law 103–433). (Z) Division A of subtitle I of title 54, United States Code (formerly known as the “National Park Service Organic Act”. (AA) The National Park Service General Authorities Act (Public Law 91–383, 16 U.S.C. 1a–1 et seq.). (BB) Sections 401(7), 403, and 404 of the National Parks and Recreation Act of 1978 (Public Law 95–625). (CC) Sections 301(a) through (f) of the Arizona Desert Wilderness Act (Public Law 101–628). (DD) The Rivers and Harbors Act of 1899 (33 U.S.C. 403). (EE) The Eagle Protection Act (16 U.S.C. 668 et seq.). (FF) The Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.). (GG) The American Indian Religious Freedom Act (42 U.S.C. 1996). (HH) The National Forest Management Act of 1976 (16 U.S.C. 1600 et seq.). (II) The Multiple Use and Sustained Yield Act of 1960 (16 U.S.C. 528 et seq.). (3) APPLICABILITY OF WAIVER TO SUCCESSOR LAWS.—If a provision of law specified in paragraph (2) was repealed and incorporated into title 54, United States Code, after April 1, 2008, and before the date of the enactment of this Act, the waiver described in paragraph (1) shall apply to the provision of such title that corresponds to the provision of law specified in paragraph (2) to the same extent the waiver applied to that provision of law. (4) SAVINGS CLAUSE.—The waiver authority under this subsection may not be construed as affecting, negating, or diminishing in any manner the applicability of section 552 of title 5, United States Code (commonly referred to as the “Freedom of Information Act”), in any relevant matter. (d) Protection Of Legal Uses.—This section may not be construed to provide— (1) authority to restrict legal uses, such as grazing, hunting, mining, or recreation or the use of backcountry airstrips, on land under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture; or (2) any additional authority to restrict legal access to such land. (e) Effect On State And Private Land.—This section shall— (1) have no force or effect on State lands or private lands; and (2) not provide authority on or access to State lands or private lands. (f) Tribal Sovereignty.—Nothing in this section may be construed to supersede, replace, negate, or diminish treaties or other agreements between the United States and Indian tribes. (g) Memoranda Of Understanding.—The requirements of this section shall not apply to the extent that such requirements are incompatible with any memorandum of understanding or similar agreement entered into between the Commissioner and a National Park Unit before the date of the enactment of this Act. (h) Definitions.—In this section: (1) COVERED FEDERAL LAND.—The term “covered Federal land” includes all land under the control of the Secretary concerned that is located within 100 miles of the southern border or the northern border. (2) SECRETARY CONCERNED.—The term “Secretary concerned” means— (A) with respect to land under the jurisdiction of the Department of Agriculture, the Secretary of Agriculture; and (B) with respect to land under the jurisdiction of the Department of the Interior, the Secretary of the Interior. SECTION 31. LANDOWNER AND RANCHER SECURITY ENHANCEMENT. (a) Establishment Of National Border Security Advisory Committee.—The Secretary shall establish a National Border Security Advisory Committee, which— (1) may advise, consult with, report to, and make recommendations to the Secretary on matters relating to border security matters, including— (A) verifying security claims and the border security metrics established by the Department of Homeland Security under section 1092 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 6 U.S.C. 223); and (B) discussing ways to improve the security of high traffic areas along the northern border and the southern border; and (2) may provide, through the Secretary, recommendations to Congress. (b) Consideration Of Views.—The Secretary shall consider the information, advice, and recommendations of the National Border Security Advisory Committee in formulating policy regarding matters affecting border security. (c) Membership.—The National Border Security Advisory Committee shall consist of at least one member from each State who— (1) has at least five years practical experience in border security operations; or (2) lives and works in the United States within 80 miles from the southern border or the northern border. (d) Nonapplicability Of Federal Advisory Committee Act.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the National Border Security Advisory Committee. SECTION 32. ERADICATION OF CARRIZO CANE AND SALT CEDAR. (a) In General.—Not later than September 30, 2023, the Secretary, after coordinating with the heads of the relevant Federal, State, and local agencies, shall begin eradicating the carrizo cane plant and any salt cedar along the Rio Grande River that impedes border security operations. (b) Extent.—The waiver authority under subsection (c) of section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note), as amended by section 1111 of this division, shall extend to activities carried out pursuant to this section. SECTION 33. SOUTHERN BORDER THREAT ANALYSIS. (a) Threat Analysis.— (1) REQUIREMENT.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a Southern border threat analysis. (2) CONTENTS.—The analysis submitted under paragraph (1) shall include an assessment of— (A) current and potential terrorism and criminal threats posed by individuals and organized groups seeking— (i) to unlawfully enter the United States through the Southern border; or (ii) to exploit security vulnerabilities along the Southern border; (B) improvements needed at and between ports of entry along the Southern border to prevent terrorists and instruments of terror from entering the United States; (C) gaps in law, policy, and coordination between State, local, or tribal law enforcement, international agreements, or tribal agreements that hinder effective and efficient border security, counterterrorism, and anti-human smuggling and trafficking efforts; (D) the current percentage of situational awareness achieved by the Department along the Southern border; (E) the current percentage of operational control achieved by the Department on the Southern border; and (F) traveler crossing times and any potential security vulnerability associated with prolonged wait times. (3) ANALYSIS REQUIREMENTS.—In compiling the Southern border threat analysis required under this subsection, the Secretary shall consider and examine— (A) the technology needs and challenges, including such needs and challenges identified as a result of previous investments that have not fully realized the security and operational benefits that were sought; (B) the personnel needs and challenges, including such needs and challenges associated with recruitment and hiring; (C) the infrastructure needs and challenges; (D) the roles and authorities of State, local, and tribal law enforcement in general border security activities; (E) the status of coordination among Federal, State, local, tribal, and Mexican law enforcement entities relating to border security; (F) the terrain, population density, and climate along the Southern border; and (G) the international agreements between the United States and Mexico related to border security. (4) CLASSIFIED FORM.—To the extent possible, the Secretary shall submit the Southern border threat analysis required under this subsection in unclassified form, but may submit a portion of the threat analysis in classified form if the Secretary determines such action is appropriate. (b) U.S. Border Patrol Strategic Plan.— (1) IN GENERAL.—Not later than 180 days after the submission of the threat analysis required under subsection (a) or June 30, 2019, and every five years thereafter, the Secretary, acting through the Chief of the U.S. Border Patrol, shall issue a Border Patrol Strategic Plan. (2) CONTENTS.—The Border Patrol Strategic Plan required under this subsection shall include a consideration of— (A) the Southern border threat analysis required under subsection (a), with an emphasis on efforts to mitigate threats identified in such threat analysis; (B) efforts to analyze and disseminate border security and border threat information between border security components of the Department and other appropriate Federal departments and agencies with missions associated with the Southern border; (C) efforts to increase situational awareness, including— (i) surveillance capabilities, including capabilities developed or utilized by the Department of Defense, and any appropriate technology determined to be excess by the Department of Defense; and (ii) the use of manned aircraft and unmanned aerial systems, including camera and sensor technology deployed on such assets; (D) efforts to detect and prevent terrorists and instruments of terrorism from entering the United States; (E) efforts to detect, interdict, and disrupt aliens and illicit drugs at the earliest possible point; (F) efforts to focus intelligence collection to disrupt transnational criminal organizations outside of the international and maritime borders of the United States; (G) efforts to ensure that any new border security technology can be operationally integrated with existing technologies in use by the Department; (H) any technology required to maintain, support, and enhance security and facilitate trade at ports of entry, including nonintrusive detection equipment, radiation detection equipment, biometric technology, surveillance systems, and other sensors and technology that the Secretary determines to be necessary; (I) operational coordination unity of effort initiatives of the border security components of the Department, including any relevant task forces of the Department; (J) lessons learned from Operation Jumpstart and Operation Phalanx; (K) cooperative agreements and information sharing with State, local, tribal, territorial, and other Federal law enforcement agencies that have jurisdiction on the Northern border or the Southern border; (L) border security information received from consultation with State, local, tribal, territorial, and Federal law enforcement agencies that have jurisdiction on the Northern border or the Southern border, or in the maritime environment, and from border community stakeholders (including through public meetings with such stakeholders), including representatives from border agricultural and ranching organizations and representatives from business and civic organizations along the Northern border or the Southern border; (M) staffing requirements for all departmental border security functions; (N) a prioritized list of departmental research and development objectives to enhance the security of the Southern border; (O) an assessment of training programs, including training programs for— (i) identifying and detecting fraudulent documents; (ii) understanding the scope of enforcement authorities and the use of force policies; and (iii) screening, identifying, and addressing vulnerable populations, such as children and victims of human trafficking; and (P) an assessment of how border security operations affect border crossing times. SECTION 34. AMENDMENTS TO U.S. CUSTOMS AND BORDER PROTECTION. (a) Duties.—Subsection (c) of section 411 of the Homeland Security Act of 2002 (6 U.S.C. 211) is amended— (1) in paragraph (18), by striking “and” after the semicolon at the end; (2) by redesignating paragraph (19) as paragraph (21); and (3) by inserting after paragraph (18) the following new paragraphs: “(19) administer the U.S. Customs and Border Protection public private partnerships under subtitle G; “(20) administer preclearance operations under the Preclearance Authorization Act of 2015 (19 U.S.C. 4431 et seq.; enacted as subtitle B of title VIII of the Trade Facilitation and Trade Enforcement Act of 2015; 19 U.S.C. 4301 et seq.); and”. (b) Office Of Field Operations Staffing.—Subparagraph (A) of section 411(g)(5) of the Homeland Security Act of 2002 (6 U.S.C. 211(g)(5)) is amended by inserting before the period at the end the following: “compared to the number indicated by the current fiscal year work flow staffing model”. (c) Implementation Plan.—Subparagraph (B) of section 814(e)(1) of the Preclearance Authorization Act of 2015 (19 U.S.C. 4433(e)(1); enacted as subtitle B of title VIII of the Trade Facilitation and Trade Enforcement Act of 2015; 19 U.S.C. 4301 et seq.) is amended to read as follows: “(B) a port of entry vacancy rate which compares the number of officers identified in subparagraph (A) with the number of officers at the port at which such officer is currently assigned.”. (d) Definition.—Subsection (r) of section 411 of the Homeland Security Act of 2002 (6 U.S.C. 211) is amended— (1) by striking “this section, the terms” and inserting the following: “this section: “(1) the terms”; (2) in paragraph (1), as added by subparagraph (A), by striking the period at the end and inserting “; and”; and (3) by adding at the end the following new paragraph: “(2) the term ‘unmanned aerial systems’ has the meaning given the term ‘unmanned aircraft system’ in section 331 of the FAA Modernization and Reform Act of 2012 (Public Law 112–95; 49 U.S.C. 40101 note).”. SECTION 35. AGENT AND OFFICER TECHNOLOGY USE. In carrying out section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (as amended by section 1111 of this division) and section 1113 of this division, the Secretary shall, to the greatest extent practicable, ensure that technology deployed to gain situational awareness and operational control of the border be provided to front-line officers and agents of the Department of Homeland Security. SECTION 36. INTEGRATED BORDER ENFORCEMENT TEAMS. (a) In General.—Subtitle C of title IV of the Homeland Security Act of 2002 (6 U.S.C. 231 et seq.), as amended by section 1115 of this division, is further amended by adding at the end the following new section: “SEC. 436. INTEGRATED BORDER ENFORCEMENT TEAMS. “(a) Establishment.—The Secretary shall establish within the Department a program to be known as the Integrated Border Enforcement Team program (referred to in this section as ‘IBET’). “(b) Purpose.—The Secretary shall administer the IBET program in a manner that results in a cooperative approach between the United States and Canada to— “(1) strengthen security between designated ports of entry; “(2) detect, prevent, investigate, and respond to terrorism and violations of law related to border security; “(3) facilitate collaboration among components and offices within the Department and international partners; “(4) execute coordinated activities in furtherance of border security and homeland security; and “(5) enhance information-sharing, including the dissemination of homeland security information among such components and offices. “(c) Composition And Location Of Ibets.— “(1) COMPOSITION.—IBETs shall be led by the United States Border Patrol and may be comprised of personnel from the following: “(A) Other subcomponents of U.S. Customs and Border Protection. “(B) U.S. Immigration and Customs Enforcement, led by Homeland Security Investigations. “(C) The Coast Guard, for the purpose of securing the maritime borders of the United States. “(D) Other Department personnel, as appropriate. “(E) Other Federal departments and agencies, as appropriate. “(F) Appropriate State law enforcement agencies. “(G) Foreign law enforcement partners. “(H) Local law enforcement agencies from affected border cities and communities. “(I) Appropriate tribal law enforcement agencies. “(2) LOCATION.—The Secretary is authorized to establish IBETs in regions in which such teams can contribute to IBET missions, as appropriate. When establishing an IBET, the Secretary shall consider the following: “(A) Whether the region in which the IBET would be established is significantly impacted by cross-border threats. “(B) The availability of Federal, State, local, tribal, and foreign law enforcement resources to participate in an IBET. “(C) Whether, in accordance with paragraph (3), other joint cross-border initiatives already take place within the region in which the IBET would be established, including other Department cross-border programs such as the Integrated Cross-Border Maritime Law Enforcement Operation Program established under section 711 of the Coast Guard and Maritime Transportation Act of 2012 (46 U.S.C. 70101 note) or the Border Enforcement Security Task Force established under section 432. “(3) DUPLICATION OF EFFORTS.—In determining whether to establish a new IBET or to expand an existing IBET in a given region, the Secretary shall ensure that the IBET under consideration does not duplicate the efforts of other existing interagency task forces or centers within such region, including the Integrated Cross-Border Maritime Law Enforcement Operation Program established under section 711 of the Coast Guard and Maritime Transportation Act of 2012 (46 U.S.C. 70101 note) or the Border Enforcement Security Task Force established under section 432. “(d) Operation.— “(1) IN GENERAL.—After determining the regions in which to establish IBETs, the Secretary may— “(A) direct the assignment of Federal personnel to such IBETs; and “(B) take other actions to assist Federal, State, local, and tribal entities to participate in such IBETs, including providing financial assistance, as appropriate, for operational, administrative, and technological costs associated with such participation. “(2) LIMITATION.—Coast Guard personnel assigned under paragraph (1) may be assigned only for the purposes of securing the maritime borders of the United States, in accordance with subsection (c)(1)(C). “(e) Coordination.—The Secretary shall coordinate the IBET program with other similar border security and antiterrorism programs within the Department in accordance with the strategic objectives of the Cross-Border Law Enforcement Advisory Committee. “(f) Memoranda Of Understanding.—The Secretary may enter into memoranda of understanding with appropriate representatives of the entities specified in subsection (c)(1) necessary to carry out the IBET program. Such memoranda with entities specified in subparagraph (G) of such subsection shall be entered into with the concurrence of the Secretary of State. “(g) Report.—Not later than 180 days after the date on which an IBET is established and biannually thereafter for the following six years, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate, and in the case of Coast Guard personnel used to secure the maritime borders of the United States, additionally to the Committee on Transportation and Infrastructure of the House of Representatives, a report that— “(1) describes the effectiveness of IBETs in fulfilling the purposes specified in subsection (b); “(2) assess the impact of certain challenges on the sustainment of cross-border IBET operations, including challenges faced by international partners; “(3) addresses ways to support joint training for IBET stakeholder agencies and radio interoperability to allow for secure cross-border radio communications; and “(4) assesses how IBETs, Border Enforcement Security Task Forces, and the Integrated Cross-Border Maritime Law Enforcement Operation Program can better align operations, including interdiction and investigation activities.”. (b) Clerical Amendment.—The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by adding after the item relating to section 435 the following new item: “Sec. 436. Integrated Border Enforcement Teams.”. SECTION 37. TUNNEL TASK FORCES. The Secretary is authorized to establish Tunnel Task Forces for the purposes of detecting and remediating tunnels that breach the international border of the United States. SECTION 38. PILOT PROGRAM ON USE OF ELECTROMAGNETIC SPECTRUM IN SUPPORT OF BORDER SECURITY OPERATIONS. (a) In General.—The Commissioner, in consultation with the Assistant Secretary of Commerce for Communications and Information, shall conduct a pilot program to test and evaluate the use of electromagnetic spectrum by U.S. Customs and Border Protection in support of border security operations through— (1) ongoing management and monitoring of spectrum to identify threats such as unauthorized spectrum use, and the jamming and hacking of United States communications assets, by persons engaged in criminal enterprises; (2) automated spectrum management to enable greater efficiency and speed for U.S. Customs and Border Protection in addressing emerging challenges in overall spectrum use on the United States border; and (3) coordinated use of spectrum resources to better facilitate interoperability and interagency cooperation and interdiction efforts at or near the United States border. (b) Report To Congress.—Not later than 180 days after the conclusion of the pilot program conducted under subsection (a), the Commissioner shall submit to the Committee on Homeland Security and the Committee on Energy and Commerce of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate a report on the findings and data derived from such program. SECTION 39. FOREIGN MIGRATION ASSISTANCE. (a) In General.—Subtitle C of title IV of the Homeland Security Act of 2002 (6 U.S.C. 231 et seq.), as amended by sections 1115 and 1123 of this division, is further amended by adding at the end the following new section: “SEC. 437. FOREIGN MIGRATION ASSISTANCE. “(a) In General.—The Secretary, with the concurrence of the Secretary of State, may provide to a foreign government financial assistance for foreign country operations to address migration flows that may affect the United States. “(b) Determination.—Assistance provided under subsection (a) may be provided only if such assistance would enhance the recipient government’s capacity to address irregular migration flows that may affect the United States, including through related detention or removal operations by the recipient government, including procedures to screen and provide protection for certain individuals. “(c) Reimbursement Of Expenses.—The Secretary may, if appropriate, seek reimbursement from the receiving foreign government for the provision of financial assistance under this section. “(d) Receipts Credited As Offsetting Collections.—Notwithstanding section 3302 of title 31, United States Code, any reimbursement collected pursuant to subsection (c) shall— “(1) be credited as offsetting collections to the account that finances the financial assistance under this section for which such reimbursement is received; and “(2) remain available until expended for the purpose of carrying out this section. “(e) Effective Period.—The authority provided under this section shall remain in effect until September 30, 2023. “(f) Development And Program Execution.—The Secretary and the Secretary of State shall jointly develop and implement any financial assistance under this section. “(g) Rule Of Construction.—Nothing in this section may be construed as affecting, augmenting, or diminishing the authority of the Secretary of State. “(h) Authorization Of Appropriations.—In addition to amounts otherwise authorized to be appropriated for such purpose, there is authorized to be appropriated $50,000,000 for fiscal years 2019 through 2023 to carry out this section.”. (b) Clerical Amendment.—The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 436 the following new item: “Sec. 437. Foreign migration assistance.”. SECTION 40. BIOMETRIC IDENTIFICATION TRANSNATIONAL MIGRATION ALERT PROGRAM. (a) In General.—Subtitle D of title IV of the Homeland Security Act of 2002 (6 U.S.C. 251 et seq.) is amended by adding at the end the following new section: “SEC. 447. BIOMETRIC IDENTIFICATION TRANSNATIONAL MIGRATION ALERT PROGRAM. “(a) Establishment.—There is established in the Department a program to be known as the Biometric Identification Transnational Migration Alert Program (referred to in this section as ‘BITMAP’) to address and reduce national security, border security, and public safety threats before such threats reach the international border of the United States. “(b) Duties.—In carrying out BITMAP operations, the Secretary, acting through the Director of U.S. Immigration and Customs Enforcement, shall— “(1) provide, when necessary, capabilities, training, and equipment, to the government of a foreign country to collect biometric and biographic identification data from individuals to identify, prevent, detect, and interdict high risk individuals identified as national security, border security, or public safety threats who may attempt to enter the United States utilizing illicit pathways; “(2) provide capabilities to the government of a foreign country to compare foreign data against appropriate United States national security, border security, public safety, immigration, and counter-terrorism data, including— “(A) the Federal Bureau of Investigation’s Terrorist Screening Database, or successor database; “(B) the Federal Bureau of Investigation’s Next Generation Identification database, or successor database; “(C) the Department of Defense Automated Biometric Identification System (commonly known as ‘ABIS’), or successor database; “(D) the Department’s Automated Biometric Identification System (commonly known as ‘IDENT’), or successor database; and “(E) any other database, notice, or means that the Secretary, in consultation with the heads of other Federal departments and agencies responsible for such databases, notices, or means, designates; and “(3) ensure biometric and biographic identification data collected pursuant to BITMAP are incorporated into appropriate United States Government databases, in compliance with the policies and procedures established by the Privacy Officer appointed under section 222. “(c) Collaboration.—The Secretary shall ensure that BITMAP operations include participation from relevant components of the Department, and, as appropriate, request participation from other Federal agencies. “(d) Coordination.—The Secretary shall coordinate with the Secretary of State, appropriate representatives of foreign governments, and the heads of other Federal agencies, as appropriate, to carry out paragraph (1) of subsection (b). “(e) Agreements.—Before carrying out BITMAP operations in a foreign country that, as of the date of the enactment of this section, was not a partner country described in this section, the Secretary, with the concurrence of the Secretary of State, shall enter into an agreement or arrangement with the government of such country that outlines such operations in such country, including related departmental operations. Such country shall be a partner country described in this section pursuant to and for purposes of such agreement or arrangement. “(f) Notification To Congress.—Not later than 60 days before an agreement with the government of a foreign country to carry out BITMAP operations in such foreign country enters into force, the Secretary shall provide the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate with a copy of the agreement to establish such operations, which shall include— “(1) the identification of the foreign country with which the Secretary intends to enter into such an agreement; “(2) the location at which such operations will be conducted; and “(3) the terms and conditions for Department personnel operating at such location.”. (b) Report.—Not later than 180 days after the date on which the Biometric Identification Transnational Migration Alert Program (BITMAP) is established under section 447 of the Homeland Security Act of 2002 (as added by subsection (a) of this section) and annually thereafter for the following five years, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report that details the effectiveness of BITMAP operations in enhancing national security, border security, and public safety. (c) Clerical Amendment.—The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 446 the following new item: “Sec. 447. Biometric Identification Transnational Migration Alert Program.”. TITLE V – PERSONNEL SECTION 41. ADDITIONAL U.S. CUSTOMS AND BORDER PROTECTION AGENTS AND OFFICERS. (a) Border Patrol Agents.—Not later than September 30, 2023, the Commissioner shall hire, train, and assign sufficient agents to maintain an active duty presence of not fewer than 26,370 full-time equivalent agents. (b) CBP Officers.—In addition to positions authorized before the date of the enactment of this Act and any existing officer vacancies within U.S. Customs and Border Protection as of such date, the Commissioner shall hire, train, and assign to duty, not later than September 30, 2023— (1) sufficient U.S. Customs and Border Protection officers to maintain an active duty presence of not fewer than 27,725 full-time equivalent officers; and (2) 350 full-time support staff distributed among all United States ports of entry. (c) Air And Marine Operations.—Not later than September 30, 2023, the Commissioner shall hire, train, and assign sufficient agents for Air and Marine Operations of U.S. Customs and Border Protection to maintain not fewer than 1,675 full-time equivalent agents and not fewer than 264 Marine and Air Interdiction Agents for southern border air and maritime operations. (d) U.S. Customs And Border Protection K–9 Units And Handlers.— (1) K–9 UNITS.—Not later than September 30, 2023, the Commissioner shall deploy not fewer than 300 new K–9 units, with supporting officers of U.S. Customs and Border Protection and other required staff, at land ports of entry and checkpoints, on the southern border and the northern border. (2) USE OF CANINES.—The Commissioner shall prioritize the use of canines at the primary inspection lanes at land ports of entry and checkpoints. (e) U.S. Customs And Border Protection Horseback Units.— (1) INCREASE.—Not later than September 30, 2023, the Commissioner shall increase the number of horseback units, with supporting officers of U.S. Customs and Border Protection and other required staff, by not fewer than 100 officers and 50 horses for security patrol along the Southern border. (2) HORSEBACK UNIT SUPPORT.—The Commissioner shall construct new stables, maintain and improve existing stables, and provide other resources needed to maintain the health and well-being of the horses that serve in the horseback units of U.S. Customs and Border Protection. (f) U.S. Customs And Border Protection Search Trauma And Rescue Teams.—Not later than September 30, 2023, the Commissioner shall increase by not fewer than 50 the number of officers engaged in search and rescue activities along the southern border. (g) U.S. Customs And Border Protection Tunnel Detection And Technology Program.—Not later than September 30, 2023, the Commissioner shall increase by not fewer than 50 the number of officers assisting task forces and activities related to deployment and operation of border tunnel detection technology and apprehensions of individuals using such tunnels for crossing into the United States, drug trafficking, or human smuggling. (h) Agricultural Specialists.—Not later than September 30, 2023, the Secretary shall hire, train, and assign to duty, in addition to the officers and agents authorized under subsections (a) through (g), 631 U.S. Customs and Border Protection agricultural specialists to ports of entry along the southern border and the northern border. (i) Office Of Professional Responsibility.—Not later than September 30, 2023, the Commissioner shall hire, train, and assign sufficient Office of Professional Responsibility special agents to maintain an active duty presence of not fewer than 550 full-time equivalent special agents. (j) U.S. Customs And Border Protection Office Of Intelligence.—Not later than September 30, 2023, the Commissioner shall hire, train, and assign sufficient Office of Intelligence personnel to maintain not fewer than 700 full-time equivalent employees. (k) GAO Report.—If the staffing levels required under this section are not achieved by September 30, 2023, the Comptroller General of the United States shall conduct a review of the reasons why such levels were not achieved. SECTION 42. U.S. CUSTOMS AND BORDER PROTECTION RETENTION INCENTIVES. (a) In General.—Chapter 97 of title 5, United States Code, is amended by adding at the end the following: “§ 9702. U.S. Customs and Border Protection temporary employment authorities “(a) Definitions.—In this section— “(1) the term ‘CBP employee’ means an employee of U.S. Customs and Border Protection described under any of subsections (a) through (h) of section 1131 of the Border Security for America Act of 2018; “(2) the term ‘Commissioner’ means the Commissioner of U.S. Customs and Border Protection; “(3) the term ‘Director’ means the Director of the Office of Personnel Management; “(4) the term ‘Secretary’ means the Secretary of Homeland Security; and “(5) the term ‘appropriate congressional committees’ means the Committee on Oversight and Government Reform, the Committee on Homeland Security, and the Committee on Ways and Means of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Finance of the Senate. “(b) Direct Hire Authority; Recruitment And Relocation Bonuses; Retention Bonuses.— “(1) STATEMENT OF PURPOSE AND LIMITATION.—The purpose of this subsection is to allow U.S. Customs and Border Protection to expeditiously meet the hiring goals and staffing levels required by section 1131 of the Border Security for America Act of 2018. The Secretary shall not use this authority beyond meeting the requirements of such section. “(2) DIRECT HIRE AUTHORITY.—The Secretary may appoint, without regard to any provision of sections 3309 through 3319, candidates to positions in the competitive service as CBP employees if the Secretary has given public notice for the positions. “(3) RECRUITMENT AND RELOCATION BONUSES.—The Secretary may pay a recruitment or relocation bonus of up to 50 percent of the annual rate of basic pay to an individual CBP employee at the beginning of the service period multiplied by the number of years (including a fractional part of a year) in the required service period to an individual (other than an individual described in subsection (a)(2) of section 5753) if— “(A) the Secretary determines that conditions consistent with the conditions described in paragraphs (1) and (2) of subsection (b) of such section 5753 are satisfied with respect to the individual (without regard to the regulations referenced in subsection (b)(2)(B(ii)(I) of such section or to any other provision of that section); and “(B) the individual enters into a written service agreement with the Secretary— “(i) under which the individual is required to complete a period of employment as a CBP employee of not less than 2 years; and “(ii) that includes— “(I) the commencement and termination dates of the required service period (or provisions for the determination thereof); “(II) the amount of the bonus; and “(III) other terms and conditions under which the bonus is payable, subject to the requirements of this subsection, including— “(aa) the conditions under which the agreement may be terminated before the agreed-upon service period has been completed; and “(bb) the effect of a termination described in item (aa). “(4) RETENTION BONUSES.—The Secretary may pay a retention bonus of up to 50 percent of basic pay to an individual CBP employee (other than an individual described in subsection (a)(2) of section 5754) if— “(A) the Secretary determines that— “(i) a condition consistent with the condition described in subsection (b)(1) of such section 5754 is satisfied with respect to the CBP employee (without regard to any other provision of that section); and “(ii) in the absence of a retention bonus, the CBP employee would be likely to leave— “(I) the Federal service; or “(II) for a different position in the Federal service, including a position in another agency or component of the Department of Homeland Security; and “(B) the individual enters into a written service agreement with the Secretary— “(i) under which the individual is required to complete a period of employment as a CBP employee of not less than 2 years; and “(ii) that includes— “(I) the commencement and termination dates of the required service period (or provisions for the determination thereof); “(II) the amount of the bonus; and “(III) other terms and conditions under which the bonus is payable, subject to the requirements of this subsection, including— “(aa) the conditions under which the agreement may be terminated before the agreed-upon service period has been completed; and “(bb) the effect of a termination described in item (aa). “(5) RULES FOR BONUSES.— “(A) MAXIMUM BONUS.—A bonus paid to an employee under— “(i) paragraph (3) may not exceed 100 percent of the annual rate of basic pay of the employee as of the commencement date of the applicable service period; and “(ii) paragraph (4) may not exceed 50 percent of the annual rate of basic pay of the employee. “(B) RELATIONSHIP TO BASIC PAY.—A bonus paid to an employee under paragraph (3) or (4) shall not be considered part of the basic pay of the employee for any purpose, including for retirement or in computing a lump-sum payment to the covered employee for accumulated and accrued annual leave under section 5551 or section 5552. “(C) PERIOD OF SERVICE FOR RECRUITMENT, RELOCATION, AND RETENTION BONUSES.— “(i) A bonus paid to an employee under paragraph (4) may not be based on any period of such service which is the basis for a recruitment or relocation bonus under paragraph (3). “(ii) A bonus paid to an employee under paragraph (3) or (4) may not be based on any period of service which is the basis for a recruitment or relocation bonus under section 5753 or a retention bonus under section 5754. “(c) Special Rates Of Pay.—In addition to the circumstances described in subsection (b) of section 5305, the Director may establish special rates of pay in accordance with that section to assist the Secretary in meeting the requirements of section 1131 of the Border Security for America Act of 2018. The Director shall prioritize the consideration of requests from the Secretary for such special rates of pay and issue a decision as soon as practicable. The Secretary shall provide such information to the Director as the Director deems necessary to evaluate special rates of pay under this subsection. “(d) OPM Oversight.— “(1) Not later than September 30 of each year, the Secretary shall provide a report to the Director on U.S. Custom and Border Protection’s use of authorities provided under subsections (b) and (c). In each report, the Secretary shall provide such information as the Director determines is appropriate to ensure appropriate use of authorities under such subsections. Each report shall also include an assessment of— “(A) the impact of the use of authorities under subsections (b) and (c) on implementation of section 1131 of the Border Security for America Act of 2018; “(B) solving hiring and retention challenges at the agency, including at specific locations; “(C) whether hiring and retention challenges still exist at the agency or specific locations; and “(D) whether the Secretary needs to continue to use authorities provided under this section at the agency or at specific locations. “(2) CONSIDERATION.—In compiling a report under paragraph (1), the Secretary shall consider— “(A) whether any CBP employee accepted an employment incentive under subsection (b) and (c) and then transferred to a new location or left U.S. Customs and Border Protection; and “(B) the length of time that each employee identified under subparagraph (A) stayed at the original location before transferring to a new location or leaving U.S. Customs and Border Protection. “(3) DISTRIBUTION.—In addition to the Director, the Secretary shall submit each report required under this subsection to the appropriate congressional committees. “(e) OPM Action.—If the Director determines the Secretary has inappropriately used authorities under subsection (b) or a special rate of pay provided under subsection (c), the Director shall notify the Secretary and the appropriate congressional committees in writing. Upon receipt of the notification, the Secretary may not make any new appointments or issue any new bonuses under subsection (b), nor provide CBP employees with further special rates of pay, until the Director has provided the Secretary and the appropriate congressional committees a written notice stating the Director is satisfied safeguards are in place to prevent further inappropriate use. “(f) Improving CBP Hiring And Retention.— “(1) EDUCATION OF CBP HIRING OFFICIALS.—Not later than 180 days after the date of the enactment of this section, and in conjunction with the Chief Human Capital Officer of the Department of Homeland Security, the Secretary shall develop and implement a strategy to improve the education regarding hiring and human resources flexibilities (including hiring and human resources flexibilities for locations in rural or remote areas) for all employees, serving in agency headquarters or field offices, who are involved in the recruitment, hiring, assessment, or selection of candidates for locations in a rural or remote area, as well as the retention of current employees. “(2) ELEMENTS.—Elements of the strategy under paragraph (1) shall include the following: “(A) Developing or updating training and educational materials on hiring and human resources flexibilities for employees who are involved in the recruitment, hiring, assessment, or selection of candidates, as well as the retention of current employees. “(B) Regular training sessions for personnel who are critical to filling open positions in rural or remote areas. “(C) The development of pilot programs or other programs, as appropriate, consistent with authorities provided to the Secretary to address identified hiring challenges, including in rural or remote areas. “(D) Developing and enhancing strategic recruiting efforts through the relationships with institutions of higher education, as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002), veterans transition and employment centers, and job placement program in regions that could assist in filling positions in rural or remote areas. “(E) Examination of existing agency programs on how to most effectively aid spouses and families of individuals who are candidates or new hires in a rural or remote area. “(F) Feedback from individuals who are candidates or new hires at locations in a rural or remote area, including feedback on the quality of life in rural or remote areas for new hires and their families. “(G) Feedback from CBP employees, other than new hires, who are stationed at locations in a rural or remote area, including feedback on the quality of life in rural or remote areas for those CBP employees and their families. “(H) Evaluation of Department of Homeland Security internship programs and the usefulness of those programs in improving hiring by the Secretary in rural or remote areas. “(3) EVALUATION.— “(A) IN GENERAL.—Each year, the Secretary shall— “(i) evaluate the extent to which the strategy developed and implemented under paragraph (1) has improved the hiring and retention ability of the Secretary; and “(ii) make any appropriate updates to the strategy under paragraph (1). “(B) INFORMATION.—The evaluation conducted under subparagraph (A) shall include— “(i) any reduction in the time taken by the Secretary to fill mission-critical positions, including in rural or remote areas; “(ii) a general assessment of the impact of the strategy implemented under paragraph (1) on hiring challenges, including in rural or remote areas; and “(iii) other information the Secretary determines relevant. “(g) Inspector General Review.—Not later than two years after the date of the enactment of this section, the Inspector General of the Department of Homeland Security shall review the use of hiring and pay flexibilities under subsections (b) and (c) to determine whether the use of such flexibilities is helping the Secretary meet hiring and retention needs, including in rural and remote areas. “(h) Report On Polygraph Requests.—The Secretary shall report to the appropriate congressional committees on the number of requests the Secretary receives from any other Federal agency for the file of an applicant for a position in U.S. Customs and Border Protection that includes the results of a polygraph examination. “(i) Exercise Of Authority.— “(1) SOLE DISCRETION.—The exercise of authority under subsection (b) shall be subject to the sole and exclusive discretion of the Secretary (or the Commissioner, as applicable under paragraph (2) of this subsection), notwithstanding chapter 71 and any collective bargaining agreement. “(2) DELEGATION.—The Secretary may delegate any authority under this section to the Commissioner. “(j) Rule Of Construction.—Nothing in this section shall be construed to exempt the Secretary or the Director from applicability of the merit system principles under section 2301. “(k) Sunset.—The authorities under subsections (b) and (c) shall terminate on September 30, 2023. Any bonus to be paid pursuant to subsection (b) that is approved before such date may continue until such bonus has been paid, subject to the conditions specified in this section.”. (b) Technical And Conforming Amendment.—The table of sections for chapter 97 of title 5, United States Code, is amended by adding at the end the following: “9702. U.S. Customs and Border Protection temporary employment authorities.”. SECTION 43. ANTI-BORDER CORRUPTION REAUTHORIZATION ACT. (a) Short Title.—This section may be cited as the “Anti-Border Corruption Reauthorization Act”. (b) Hiring Flexibility.—Section 3 of the Anti-Border Corruption Act of 2010 (6 U.S.C. 221) is amended by striking subsection (b) and inserting the following new subsections: “(b) Waiver Authority.—The Commissioner of U.S. Customs and Border Protection may waive the application of subsection (a)(1)— “(1) to a current, full-time law enforcement officer employed by a State or local law enforcement agency who— “(A) has continuously served as a law enforcement officer for not fewer than three years; “(B) is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and has statutory powers for arrest or apprehension; “(C) is not currently under investigation, has not been found to have engaged in criminal activity or serious misconduct, has not resigned from a law enforcement officer position under investigation or in lieu of termination, and has not been dismissed from a law enforcement officer position; and “(D) has, within the past ten years, successfully completed a polygraph examination as a condition of employment with such officer’s current law enforcement agency; “(2) to a current, full-time Federal law enforcement officer who— “(A) has continuously served as a law enforcement officer for not fewer than three years; “(B) is authorized to make arrests, conduct investigations, conduct searches, make seizures, carry firearms, and serve orders, warrants, and other processes; “(C) is not currently under investigation, has not been found to have engaged in criminal activity or serious misconduct, has not resigned from a law enforcement officer position under investigation or in lieu of termination, and has not been dismissed from a law enforcement officer position; and “(D) holds a current Tier 4 background investigation or current Tier 5 background investigation; and “(3) to a member of the Armed Forces (or a reserve component thereof) or a veteran, if such individual— “(A) has served in the Armed Forces for not fewer than three years; “(B) holds, or has held within the past five years, a Secret, Top Secret, or Top Secret/Sensitive Compartmented Information clearance; “(C) holds, or has undergone within the past five years, a current Tier 4 background investigation or current Tier 5 background investigation; “(D) received, or is eligible to receive, an honorable discharge from service in the Armed Forces and has not engaged in criminal activity or committed a serious military or civil offense under the Uniform Code of Military Justice; and “(E) was not granted any waivers to obtain the clearance referred to subparagraph (B). “(c) Termination Of Waiver Authority.—The authority to issue a waiver under subsection (b) shall terminate on the date that is four years after the date of the enactment of the act.”. (c) Supplemental Commissioner Authority And Definitions.— (1) SUPPLEMENTAL COMMISSIONER AUTHORITY.—Section 4 of the Anti-Border Corruption Act of 2010 is amended to read as follows: “SEC. 4. SUPPLEMENTAL COMMISSIONER AUTHORITY. “(a) Non-Exemption.—An individual who receives a waiver under section 3(b) is not exempt from other hiring requirements relating to suitability for employment and eligibility to hold a national security designated position, as determined by the Commissioner of U.S. Customs and Border Protection. “(b) Background Investigations.—Any individual who receives a waiver under section 3(b) who holds a current Tier 4 background investigation shall be subject to a Tier 5 background investigation. “(c) Administration Of Polygraph Examination.—The Commissioner of U.S. Customs and Border Protection is authorized to administer a polygraph examination to an applicant or employee who is eligible for or receives a waiver under section 3(b) if information is discovered before the completion of a background investigation that results in a determination that a polygraph examination is necessary to make a final determination regarding suitability for employment or continued employment, as the case may be.”. (2) REPORT.—The Anti-Border Corruption Act of 2010, as amended by paragraph (1), is further amended by adding at the end the following new section: “SEC. 5. REPORTING. “(a) Annual Report.—Not later than one year after the date of the enactment of this section and annually thereafter while the waiver authority under section 3(b) is in effect, the Commissioner of U.S. Customs and Border Protection shall submit to Congress a report that includes, with respect to each such reporting period— “(1) the number of waivers requested, granted, and denied under section 3(b); “(2) the reasons for any denials of such waiver; “(3) the percentage of applicants who were hired after receiving a waiver; “(4) the number of instances that a polygraph was administered to an applicant who initially received a waiver and the results of such polygraph; “(5) an assessment of the current impact of the polygraph waiver program on filling law enforcement positions at U.S. Customs and Border Protection; and “(6) additional authorities needed by U.S. Customs and Border Protection to better utilize the polygraph waiver program for its intended goals. “(b) Additional Information.—The first report submitted under subsection (a) shall include— “(1) an analysis of other methods of employment suitability tests that detect deception and could be used in conjunction with traditional background investigations to evaluate potential employees for suitability; and “(2) a recommendation regarding whether a test referred to in paragraph (1) should be adopted by U.S. Customs and Border Protection when the polygraph examination requirement is waived pursuant to section 3(b).”. (3) DEFINITIONS.—The Anti-Border Corruption Act of 2010, as amended by paragraphs (1) and (2), is further amended by adding at the end the following new section: “SEC. 6. DEFINITIONS. “In this Act: “(1) FEDERAL LAW ENFORCEMENT OFFICER.—The term ‘Federal law enforcement officer’ means a ‘law enforcement officer’ defined in section 8331(20) or 8401(17) of title 5, United States Code. “(2) SERIOUS MILITARY OR CIVIL OFFENSE.—The term ‘serious military or civil offense’ means an offense for which— “(A) a member of the Armed Forces may be discharged or separated from service in the Armed Forces; and “(B) a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Court-Martial, as pursuant to Army Regulation 635–200 chapter 14–12. “(3) TIER 4; TIER 5.—The terms ‘Tier 4’ and ‘Tier 5’ with respect to background investigations have the meaning given such terms under the 2012 Federal Investigative Standards. “(4) VETERAN.—The term ‘veteran’ has the meaning given such term in section 101(2) of title 38, United States Code.”. (d) Polygraph Examiners.—Not later than September 30, 2022, the Secretary shall increase to not fewer than 150 the number of trained full-time equivalent polygraph examiners for administering polygraphs under the Anti-Border Corruption Act of 2010, as amended by this subtitle. SECTION 44. TRAINING FOR OFFICERS AND AGENTS OF U.S. CUSTOMS AND BORDER PROTECTION. (a) In General.—Subsection (l) of section 411 of the Homeland Security Act of 2002 (6 U.S.C. 211) is amended to read as follows: “(l) Training And Continuing Education.— “(1) MANDATORY TRAINING.—The Commissioner shall ensure that every agent and officer of U.S. Customs and Border Protection receives a minimum of 21 weeks of training that are directly related to the mission of the U.S. Border Patrol, Air and Marine, and the Office of Field Operations before the initial assignment of such agents and officers. “(2) FLETC.—The Commissioner shall work in consultation with the Director of the Federal Law Enforcement Training Centers to establish guidelines and curriculum for the training of agents and officers of U.S. Customs and Border Protection under subsection (a). “(3) CONTINUING EDUCATION.—The Commissioner shall annually require all agents and officers of U.S. Customs and Border Protection who are required to undergo training under subsection (a) to participate in not fewer than eight hours of continuing education annually to maintain and update understanding of Federal legal rulings, court decisions, and Department policies, procedures, and guidelines related to relevant subject matters. “(4) LEADERSHIP TRAINING.—Not later than one year after the date of the enactment of this subsection, the Commissioner shall develop and require training courses geared towards the development of leadership skills for mid- and senior-level career employees not later than one year after such employees assume duties in supervisory roles.”. (b) Report.—Not later than 180 days after the date of the enactment of this Act, the Commissioner shall submit to the Committee on Homeland Security and the Committee on Ways and Means of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Finance of the Senate a report identifying the guidelines and curriculum established to carry out subsection (l) of section 411 of the Homeland Security Act of 2002, as amended by subsection (a) of this section. Assessment.—Not later than four years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Homeland Security and the Committee on Ways and Means of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Finance of the Senate a report that assesses the training and education, including continuing education, required under subsection (l TITLE VI – ILLEGAL ENTRY PENALTIES SECTION 45. ILLEGAL ENTRY PENALTIES. (a) Individuals caught illegally entering the country after the passage of the bill are prohibited from applying for United States citizenship. (b) Individuals caught illegally entering the country after the passage of the bill are prohibited from applying for a work visa. SECTION 46. ENACTMENT. (a) Unless otherwise stated, this act shall take effect immediately.
  9. Paul Vang From the Office of House Minority Leader Paul Vang By unanimous consent of the Republican party I have been elected to be the next House Minority Leader. It is both a great honor and a privilege to be given such a title by my peers. I will continue to endeavor to accomplish the same issues that I ran on to get here. We need to rebuild our infrastructure, we need to institute nationwide voter ID laws, and need to address illegal immigration among many other things. I will work hard to make the voters back home in Wisconsin proud. View full PR
  10. From the Office of House Minority Leader Paul Vang By unanimous consent of the Republican party I have been elected to be the next House Minority Leader. It is both a great honor and a privilege to be given such a title by my peers. I will continue to endeavor to accomplish the same issues that I ran on to get here. We need to rebuild our infrastructure, we need to institute nationwide voter ID laws, and need to address illegal immigration among many other things. I will work hard to make the voters back home in Wisconsin proud.
  11. Paul Vang

    DACA Act

    Mr. Speaker, The rule of law is all about deterrence. So when we fail to follow it, we squander its deterring effects. Ending DACA and turning off the amnesty-magnet is now more important than ever as we still haven't strengthened our immigration laws in any meaningful way. While “protecting” illegal aliens from the consequences of breaking the law may make them feel good and virtuous, if they get their way on DACA the incentives for further law-breaking at our border will only increase. Economists call this the “moral hazard” problem. When you reward bad behavior, you get more of it. We saw this on great display with Reagan's 1986 amnesty and the growth of illegal immigration in the years following it. Given the economic and social pressures here and across the border, we need to ensure against amnesty and the moral hazard it creates, now more than ever. Additionally amnesty and the ensuing illegal immigration it will bring is a downward pressure on American wages and hurts American labor. It's the basic law of supply and demand applied to the labor market. Big business loves DACA. Progressives claiming to defend labor will suddenly side with the Koch brothers when it comes to defending illegal aliens for some reason these days. They forget how champions of labor such as Cesar Chavez fought tooth and nail to maintain bargaining power against illegal immigration for years. Pro-amnesty is anti-labor at it's very core. I yield.
  12. Paul Vang

    Vang holds Town hall in Rhinelander, Wisconsin

    I wouldn't support any national right to work legislation. I can't exactly prevent other Republicans from introducing it if they want though. There is a variety of differing opinions on topics throughout the party. I'm not going to dictate their opinions to them they were elected for a reason. I can tell you from those I know right now in the House none are planning on introducing national right to work.
  13. Representative Vang welcomes all his Hodag constituents to ask him questions on whatever is on their minds
  14. IN THE HOUSE OF REPRESENTATIVES Mr. Vang introduced the following bill; A BILL To incentivize teachers to teach in high poverty schools Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the “High Poverty School Teacher Tax Credit Act”. SEC. 2. SENSE OF CONGRESS. (a) Findings.—Congress finds the following: (1) High-poverty schools struggle to attract and retain teachers. (2) A quality gap exists between teachers in high poverty and low poverty schools. (3) A significant gap in pay exists between teachers in high poverty and low poverty schools. (4) The proposed tax credit would have a similar cost to what the federal government spends on graduate medical education. (5) A tax credit could likely result in an even larger take home bonus than the proposed $10,000 since it is a tax credit on after-tax income. SEC. 3. Tax credit. (a) Teachers at schools with 75% or more of students on free or reduced-price lunch (FRPL) will receive a $10,000 refundable credit on their yearly income taxes. (b) Teachers at schools with 50% to 74% of students with FRPL will receive a refundable credit on their yearly incomes taxes that declines by $400 per percentage down from the full $10,000 credit at 75%. SEC. 4. Effective Date. The bill shall go into effect upon its constitutional passage.
  15. Paul Vang

    Miner Protection Act

    IN THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES Mr. Vang for himself, with thanks to Mr. Manchin, Mrs. CAPITO, and Ms. CHENEY introduced the following bill; A BILL To amend the Surface Mining Control and Reclamation Act of 1977 to transfer certain funds to the 1974 United Mine Workers of America Pension Plan and to provide that an order by the Secretary of the Interior imposing a moratorium on Federal coal leasing shall not take effect unless a joint resolution of approval is enacted Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the “Miner Protection Act”. SEC. 2. TRANSFERS TO 1974 UMWA PENSION PLAN. (a) In General.—Subsection (i) of section 402 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232) is amended— (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following: “(4) ADDITIONAL AMOUNTS.— “(A) CALCULATION.—If the dollar limitation specified in paragraph (3)(A) exceeds the aggregate amount required to be transferred under paragraphs (1) and (2) for a fiscal year, the Secretary of the Treasury shall transfer an additional amount equal to the difference between such dollar limitation and such aggregate amount to the trustees of the 1974 UMWA Pension Plan to pay benefits required under that plan. “(B) CESSATION OF TRANSFERS.—The transfers described in subparagraph (A) shall cease as of the first fiscal year beginning after the first plan year for which the funded percentage (as defined in section 432(i)(2) of the Internal Revenue Code of 1986) of the 1974 UMWA Pension Plan is at least 100 percent, taking fully into account all outstanding liabilities for loans made pursuant to subparagraph (D). “(C) PROHIBITION ON BENEFIT INCREASES, ETC.—During a fiscal year in which the 1974 UMWA Pension Plan is receiving transfers under subparagraph (A), no amendment of such plan which increases the liabilities of the plan by reason of any increase in benefits, any change in the accrual of benefits, or any change in the rate at which benefits become nonforfeitable under the plan may be adopted unless the amendment is required as a condition of qualification under part I of subchapter D of chapter 1 of the Internal Revenue Code of 1986. “(D) TREATMENT OF TRANSFERS FOR PURPOSES OF WITHDRAWAL LIABILITY UNDER ERISA.—The amount of any transfer made under subparagraph (A) (and any earnings attributable thereto) shall be disregarded in determining the unfunded vested benefits of the 1974 UMWA Pension Plan and the allocation of such unfunded vested benefits to an employer for purposes of determining the employer’s withdrawal liability under section 4201 of the Employee Retirement Income Security Act of 1974. “(E) ADDITIONAL LOAN AUTHORITY.— “(i) IN GENERAL.—In addition to the amounts transferred under any provision other than this subparagraph, and without regard to the limitations described in paragraph (3), each year beginning with fiscal year 2018 the Secretary of the Treasury shall transfer to the 1974 UMWA Pension Plan as a loan the amount certified by the Trustees of the 1974 UMWA Pension Plan to be necessary to prevent the insolvency of such plan. “(ii) ANNUAL CAP.—The amount of each annual loan under clause (i) shall not exceed $600,000,000. “(iii) LOAN TERMS.— “(I) IN GENERAL.—Each such annual loan shall bear interest at the rate of 1 percent per annum, and each shall be treated as a separate loan. “(II) REPAYMENT.—For the first 10 years of each such loan, only the interest on such loan shall be repayable, and payments on the principal shall be distributed over the 30-year period beginning with the 11th year of the loan. “(III) ADDITIONAL PAYMENTS.—Notwithstanding subclauses (I) and (II), to the extent that the Trustees of the 1974 UMWA Pension Plan certify that such plan has surplus assets which are not needed to pay benefits under the plan or to ensure the future solvency of the plan, such surplus assets shall be applied towards the repayment of the oldest outstanding loan made pursuant to this subparagraph. “(IV) MAINTENANCE OF CERTAIN MEASURES UNDER REHABILITATION PLAN.—Each loan under this subparagraph shall specify as a condition of the loan that, if the 1974 UMWA Pension Plan emerges from critical status (within the meaning of section 432 of the Internal Revenue Code of 1986 and section 305 of the Employee Retirement Income Security Act of 1974), the Plan will continue to meet the requirements of section 432(b)(3) of such Code and 305(b)(3) of such Act, and the measures adopted pursuant to section 432(e)(3)(A)(ii) of such Code and section 305(e)(3)(A)(ii) of such Act will remain in place. During the period such measures are required to remain in place, sections 412(b)(3) of such Code and 302(b)(3) of such Act shall continue to apply as if the plan were still in critical status. “(iv) ANNUAL CERTIFICATION.—Each year beginning with fiscal year 2018, the Trustees of the 1974 UMWA Pension Plan shall certify the amount required to be loaned pursuant to clause (i) and the amount of any surplus assets described in clause (iii)(III). Such certification shall also include a certification that— “(I) such loan amount, in combination with future amounts available to the Plan, is projected to be sufficient to maintain indefinitely the solvency of the plan (without regard to any outstanding loan balance); and “(II) the Plan is projected to be able to repay the amount of such loan, with interest, as required under clause (iii). The preceding sentence shall not apply with respect to any year in which the amount determined by the Trustees under clause (i) is $0 and no loans under this subparagraph remain outstanding. “(v) PLAN INSOLVENCY OR DEFAULT.—If the 1974 UMWA Pension Plan becomes insolvent in any year despite receiving loan amounts under this subparagraph, or if the Plan is unable to make any payment on a loan under this subparagraph when due, employers contributing to the Plan and employer associations with members contributing to the Plan shall not be subject to any new or increased liability, including any increased fee, expense, contribution, assessment, or surcharge. “(vi) INSOLVENCY.—For purposes of this subparagraph, a plan is insolvent if the plan's available resources are not sufficient to pay benefits under the plan when due for the plan year and as projected indefinitely into future plan years, or if the plan is determined to be insolvent under section 418E(d) of the Internal Revenue Code of 1986. “(vii) INITIAL LOAN.—The first loan under this subparagraph shall be made not later than 60 days after the date of enactment of the American Miners Pension Act of 2017. “(F) ENHANCED ANNUAL REPORTING.— “(i) IN GENERAL.—Not later than the 90th day of each plan year beginning after the date of enactment of the American Miners Pension Act of 2017, the trustees of the 1974 UMWA Pension Plan shall file with the Secretary of the Treasury or the Secretary's delegate and the Pension Benefit Guaranty Corporation a report (including appropriate documentation and actuarial certifications from the plan actuary, as required by the Secretary of the Treasury or the Secretary's delegate) that contains— “(I) whether the plan is in endangered or critical status under section 305 of the Employee Retirement Income Security Act of 1974 and section 432 of the Internal Revenue Code of 1986 as of the first day of such plan year; “(II) the funded percentage (as defined in section 432(i)(2) of such Code) as of the first day of such plan year, and the underlying actuarial value of assets and liabilities taken into account in determining such percentage; “(III) the market value of the assets of the plan as of the last day of the plan year preceding such plan year; “(IV) the total value of all contributions made during the plan year preceding such plan year; “(V) the total value of all benefits paid during the plan year preceding such plan year; “(VI) cash flow projections for such plan year and either the 6 or 10 succeeding plan years, at the election of the trustees, and the assumptions relied upon in making such projections; “(VII) funding standard account projections for such plan year and the 9 succeeding plan years, and the assumptions relied upon in making such projections; “(VIII) the total value of all investment gains or losses during the plan year preceding such plan year; “(IX) any significant reduction in the number of active participants during the plan year preceding such plan year, and the reason for such reduction; “(X) a list of employers that withdrew from the plan in the plan year preceding such plan year, and the resulting reduction in contributions; “(XI) a list of employers that paid withdrawal liability to the plan during the plan year preceding such plan year and, for each employer, a total assessment of the withdrawal liability paid, the annual payment amount, and the number of years remaining in the payment schedule with respect to such withdrawal liability; “(XII) any material changes to benefits, accrual rates, or contribution rates during the plan year preceding such plan year; “(XIII) any scheduled benefit increase or decrease in the plan year preceding such plan year having a material effect on liabilities of the plan; “(XIV) details regarding any funding improvement plan or rehabilitation plan and updates to such plan; “(XV) the number of participants and beneficiaries during the plan year preceding such plan year who are active participants, the number of participants and beneficiaries in pay status, and the number of terminated vested participants and beneficiaries; “(XVI) the information contained on the most recent annual funding notice submitted by the plan under section 101(f) of the Employee Retirement Income Security Act of 1974; “(XVII) the information contained on the most recent Department of Labor Form 5500 of the plan; and “(XVIII) copies of the plan document and amendments, other retirement benefit or ancillary benefit plans relating to the plan and contribution obligations under such plans, a breakdown of administrative expenses of the plan, participant census data and distribution of benefits, the most recent actuarial valuation report as of the plan year, copies of collective bargaining agreements, and financial reports, and such other information as the Secretary of the Treasury or the Secretary's delegate, in consultation with the Secretary of Labor and the Director of the Pension Benefit Guaranty Corporation, may require. “(ii) ELECTRONIC SUBMISSION.—The report required under clause (i) shall be submitted electronically. “(iii) INFORMATION SHARING.—The Secretary of the Treasury or the Secretary's delegate shall share the information in the report under clause (i) with the Secretary of Labor. “(iv) PENALTY.—Any failure to file the report required under clause (i) on or before the date described in such clause shall be treated as a failure to file a report required to be filed under section 6058(a) of the Internal Revenue Code of 1986, except that section 6652(e) of such Code shall be applied with respect to any such failure by substituting ‘$100’ for ‘$25’. The preceding sentence shall not apply if the Secretary of the Treasury or the Secretary's delegate determines that reasonable diligence has been exercised by the trustees of such plan in attempting to timely file such report. “(G) 1974 UMWA PENSION PLAN DEFINED.—For purposes of this paragraph, the term ‘1974 UMWA Pension Plan’ has the meaning given the term in section 9701(a)(3) of the Internal Revenue Code of 1986, but without regard to the limitation on participation to individuals who retired in 1976 and thereafter.”. (b) Coordination With Taxation Of Unrelated Business Income.—Subparagraph (A) of section 514(c)(6) of the Internal Revenue Code of 1986 is amended— (1) by striking “or” at the end of clause (i); (2) by striking the period at the end of clause (ii)(II) and inserting “, or”; and (3) by adding at the end the following new clause: “(iii) indebtedness with respect to the 1974 UMWA Pension Plan (as defined in section 402(i)(4)(G) of the Surface Mining Control and Reclamation Act of 1977) under a loan made by the Secretary pursuant to section 402(i)(4)(E) of the Surface Mining Control and Reclamation Act of 1977.”. SEC. 3. CONGRESSIONAL APPROVAL FOR ORDER BY SECRETARY OF THE INTERIOR IMPOSING A MORATORIUM ON FEDERAL COAL LEASING. An order by the Secretary of the Interior imposing a moratorium on Federal coal leasing shall have no force or effect unless— (1) the Secretary submits to Congress the proposed order; and (2) a joint resolution that approves the order is enacted within 30 legislative days after the proposed order is received by Congress. SEC. 4. Effective date. The bill shall go into effect upon its constitutional passage.
  16. Paul Vang

    Rural Hospital Access Act

    IN THE HOUSE OF REPRESENATIVES OF THE UNITED STATES Mr. Vang (for himself, Mr. Reed, and Mr. Welch) introduced the following bill; A BILL To amend title XVIII of the Social Security Act to make permanent the extension of the Medicare-dependent hospital (MDH) program and the increased payments under the Medicare low-volume hospital program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the “Rural Hospital Access Act”. SEC. 2. EXTENSION OF THE MEDICARE-DEPENDENT HOSPITAL (MDH) PROGRAM. (a) Extension Of Payment Methodology.—Section 1886(d)(5)(G) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(G)) is amended— (1) in clause (i), by striking “, and before October 1, 2017”; and (2) in clause (ii)(II), by striking “, and before October 1, 2017”. (b) Conforming Amendments.— (1) EXTENSION OF TARGET AMOUNT.—Section 1886(b)(3)(D) of the Social Security Act (42 U.S.C. 1395ww(b)(3)(D)) is amended— (A) in the matter preceding clause (i), by striking “, and before October 1, 2017”; and (B) in clause (iv), by striking “through fiscal year 2017” and inserting “or a subsequent fiscal year”. (2) PERMITTING HOSPITALS TO DECLINE RECLASSIFICATION.—Section 13501(e)(2) of the Omnibus Budget Reconciliation Act of 1993 (42 U.S.C. 1395wwnote) is amended by striking “fiscal year 2000 through fiscal year 2017” and inserting “a subsequent fiscal year”. SEC. 3. EXTENSION OF THE INCREASED PAYMENTS UNDER THE MEDICARE LOW-VOLUME HOSPITAL PROGRAM. Section 1886(d)(12) of the Social Security Act (42 U.S.C. 1395ww(d)(12)) is amended— (1) in subparagraph (B)— (A) in the heading, by inserting “FOR FISCAL YEARS 2005 THROUGH 2010” after “INCREASE”; and (B) in the matter preceding clause (i), by striking “and for discharges occurring in fiscal year 2018 and subsequent fiscal years”; (2) in subparagraph (C)(i)— (A) by striking “fiscal years 2011 through 2017” each place it appears and inserting “fiscal year 2011 and each subsequent year”; and (B) by striking “or portion of fiscal year”; and (3) in subparagraph (D)— (A) in the heading, by striking “TEMPORARY APPLICABLE PERCENTAGE INCREASE” and inserting “APPLICABLE PERCENTAGE INCREASE BEGINNING WITH FISCAL YEAR 2011”; (B) by striking “fiscal years 2011 through 2017,” and inserting “fiscal year 2011 and each subsequent fiscal year”; and (C) by striking “or the portion of fiscal year” each place it appears.
  17. Paul Vang

    Gephardt holds Town Hall in Farmington

    So Congressman, I read a press release by you recently after winning your seat and it confused me a good bit. You made a comment about "Yankee" Republicans and how you are a Southern Missouri Democrat. Do you consider Missouri apart of the South? I don't think most people do. Also in that comment about Yankee Republicans you took the piss out of calling out socialistic policies. Do you support socialism?
  18. Paul Vang

    FARMERS FIRST Act

    IN THE HOUSE OF REPRESENTATIVES Mr. Vang (for himself, Ms. Baldwin, Mrs. Ernst, Mr. Moran, Ms. Heitkamp, Mr. Gardner, Mr. Bennet, Mr. Hoeven, and Ms. Smith) introduced the following bill; A BILL To amend the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to establish a farm and ranch stress assistance network, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the “Facilitating Accessible Resources for Mental health and Encouraging Rural Solutions For Immediate Response to Stressful Times Act” or the “FARMERS FIRST Act”. SEC. 2. FARM AND RANCH STRESS ASSISTANCE NETWORKS. (a) Findings.—Congress finds that— (1) agricultural work continues to be— (A) highly stressful; (B) characterized by uncertainty; and (C) subject to— (i) changing market conditions; (ii) the unpredictable nature of weather; and (iii) other factors beyond the control of agricultural producers; (2) individuals working in agriculture have the highest overall suicide rate among all occupations; (3) access to behavioral health care is often limited among individuals working in agriculture due to time and geographical constraints; and (4) agricultural workers are in need of specialized behavioral health programs that are— (A) affordable; (B) available as needed; and (C) carried out with understanding of concerns specific to agricultural work. (b) Farm And Ranch Stress Assistance.—The National Agricultural Research, Extension, and Teaching Policy Act of 1977 is amended by inserting after subtitle I (7 U.S.C. 3291 et seq.) the following: “Subtitle J—Farm And Ranch Stress Assistance “SEC. 1460. DEFINITIONS. “In this subtitle: “(1) AFFECTED INDIVIDUAL.—The term ‘affected individual’ means any individual engaged, as determined by the Secretary, in— “(A) farming; “(B) ranching; or “(C) another agriculture-related occupation. “(2) COMMITTEE.—The term ‘Committee’ means the Farm and Ranch Stress Assessment Committee established under section 1461A(a). “(3) NATIONAL NETWORK.—The term ‘national network’ means the National Farm and Ranch Stress Assistance Network established under section 1461(b)(1). “(4) STATE NETWORK.—The term ‘State network’ means a State farm and ranch stress assistance network established under section 1461(a)(1). “SEC. 1461. FARM AND RANCH STRESS ASSISTANCE NETWORKS. “(a) State Networks.— “(1) GRANTS.—The Secretary, in coordination with the Secretary of Health and Human Services, shall establish a program under which the Secretary shall provide competitive grants to State departments of agriculture, State cooperative extension services, and nonprofit organizations to carry out eligible cooperative programs described in paragraph (2). “(2) DESCRIPTION OF ELIGIBLE COOPERATIVE PROGRAMS.—An eligible cooperative program referred to in paragraph (1) is a program— “(A) established and carried out by a partnership between— “(i) one or more State departments of agriculture, one or more State cooperative extension services, or one or more nonprofit organizations, as applicable; and “(ii) entities providing appropriate services in the one or more States; and “(B) the purpose of which is to establish a farm and ranch stress assistance network to provide stress assistance programs to affected individuals, including counseling and support (including behavioral health counseling and referral for other forms of assistance, as necessary) through— “(i) farm telephone helplines and internet websites; “(ii) training for advocates for affected individuals and other individuals or entities that may assist affected individuals in crises, including training programs and workshops; “(iii) support groups; “(iv) outreach services and activities, including the dissemination of information and materials; and “(v) home delivery of assistance, in any case in which a farm resident is homebound. “(3) USE OF FUNDS.—A competitive grant provided under this subsection may be used to enter into a contract, on a multiyear basis, with a community-based, direct-service organization to initiate, expand, or maintain an eligible cooperative program in the State. “(b) National Network.— “(1) ESTABLISHMENT.—The Secretary, in coordination with the Secretary of Health and Human Services, shall establish a National Farm and Ranch Stress Assistance Network to coordinate stress assistance programs on a national scale for affected individuals, including through programs and activities described in subsection (a)(2)(B). “(2) DIRECTOR.—The Secretary, in coordination with the Secretary of Health and Human Services, shall appoint an individual in the Department of Agriculture to be the Director of the national network. “(c) Authorization Of Appropriations.—Notwithstanding any other provision of law, there is authorized to be appropriated to the Secretary to carry out activities through the national network and State networks $10,000,000 for each of fiscal years 2019 through 2023. “SEC. 1461A. FARM AND RANCH STRESS ASSESSMENT COMMITTEE. “(a) Establishment.—Not later than 90 days after the date of enactment of the FARMERS FIRST Act, the Secretary and the Secretary of Health and Human Services shall establish an advisory committee, to be known as the ‘Farm and Ranch Stress Assessment Committee’. “(b) Membership.—The Committee shall consist of— “(1) the Secretary (or a designee); “(2) the Secretary of Health and Human Services (or a designee); “(3) the Assistant Secretary of Health and Human Services for Mental Health and Substance Abuse (or a designee); “(4) the Administrator of the Health Resources and Services Administration (or a designee); “(5) the Director of the Centers for Disease Control and Prevention (or a designee); “(6) the Director of the National Institutes of Health; “(7) the Under Secretary for Rural Development (or a designee); and “(8) 4 members, to be appointed by the Secretary, one of which shall be a representative of each of— “(A) affected individuals; “(B) behavioral health professionals; “(C) advocates for affected individuals; and “(D) as appropriate, other experts in occupational stress and behavioral health among affected individuals. “(c) Meetings.—The Committee shall meet not fewer than 2 times each year. “(d) Report.— “(1) IN GENERAL.—Not later than 1 year after the date of enactment of the FARMERS FIRST Act, the Committee shall submit to Congress and any other relevant Federal department or agency, and make publicly available, a report describing the state of behavioral and mental health in farmers and ranchers. “(2) CONTENTS.—The report under paragraph (1) shall include— “(A) an inventory and assessment of efforts to support the behavioral and mental health of farmers and ranchers by— “(i) the Federal Government, States, and units of local government; “(ii) communities that are comprised of farmers and ranchers; “(iii) healthcare providers; “(iv) State cooperative extension services; and “(v) other entities, as determined by the Secretary; “(B) a description of the challenges faced by farmers and ranchers (including financial, medical, and other challenges) that may impact the behavioral and mental health of farmers and ranchers; “(C) an evaluation of the impact of farmer and rancher suicides on— “(i) the agricultural workforce; “(ii) agricultural production; “(iii) rural families and communities; and “(iv) succession planning; and “(D) an outline of a long-term strategy and recommendations based on best practices to appropriate Federal departments or agencies for addressing the challenges identified under subparagraph (B).”.
  19. IN THE HOUSE OF REPRESENTATIVES Mr. Vang (for himself, Mr. Bilirakis, Ms. Kuster of New Hampshire, Mr. Arrington, Mr. Coffman, and Mr. Peters) introduced the following bill; A BILL To direct the Secretary of Veterans Affairs to carry out a demonstration program to provide expanded access to medical services through partnerships between Department of Veterans Affairs medical centers and Federally Qualified Health Centers, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the “VA Community Care Enhancement Act”. SEC. 2. DEPARTMENT OF VETERANS AFFAIRS DEMONSTRATION PROGRAM ON EXPANDED AVAILABILITY OF MEDICAL SERVICES THROUGH CONTRACTS WITH FEDERALLY QUALIFIED HEALTH CENTERS. (a) Demonstration Program.—The Secretary of Veterans Affairs shall carry out a demonstration program under which the Secretary shall furnish certain medical services under chapter 17 of title 38, United States Code, through contracts between Department of Veterans Affairs medical centers and Federally Qualified Health Centers (hereinafter referred to as “FQHCs”). (b) Community-Care Collaborative Arrangements.—Under the demonstration program, the Secretary shall enter into contracts, on behalf of Department medical centers, with not less than five separate FQHCs that meet the selection criteria under subsection (c). Such a contract shall provide that— (1) a Department medical provider at the medical center may refer patients directly to the FQHC, without any requirement to consult with other agencies, offices, or units within the Department or with entities under contract with the Department; (2) all patient referrals to the FQHC are at the discretion of the Department medical provider, and the decision whether to accept such a referral will be at the discretion of the patient; (3) if a patient accepts such a referral, the FQHC agrees to accept the patient; (4) if the FQHC accepts the patient, the FQHC shall provide medical services to the patient only to the extent that such services are available from the FQHC pursuant to section 330 of the Public Health Service Act (42 U.S.C. 254b); (5) if a patient accepted by the FQHC is a veteran, the FQHC shall accept the family members of the veteran and shall provide care and services to such family members in accordance with chapter 17 of title 38, United States Code, if such family members are eligible for medical services under such chapter; (6) if a patient referred under the demonstration program is not eligible for a type of care or service needed by the patient under chapter 17 of title 38, United States Code, the FQHC agrees to provide such care or service to the patient, and accept payment for such care or service, in accordance with section 330 of the Public Health Service Act (42 U.S.C. 254b); (7) the FQHC agrees to provide to patients referred under the demonstration program— (A) in consultation with the Department medical center, appropriate education on what care and services may be provided to the patient under chapter 17 of title 38, United States Code, and what care and services may not be provided under such title; and (B) appropriate education on what care and services are provided under section 330 of the Public Health Service Act (42 U.S.C. 254b) and what care and services are not provided under such section; (8) the FQHC agrees to provide medical services to the veteran in a context that sufficiently takes into account the culture of members of the uniformed services, veterans, and family members and caregivers of members of the uniformed services and veterans, including the experience of combat and the experience of military sexual trauma; (9) the medical center and the FQHC agree to cooperate to ensure that patients referred under the demonstration program are patients of both the medical center and the FQHC and, for such purposes, to ensure interoperability, to the extent practicable, in terms of sharing the electronic health records of the patients; (10) the FQHC agrees to begin providing care and services to a referred patient promptly after receiving the referral, without regard to whether the patient has completed the process of enrolling in the patient enrollment system under section 1705 of title 38, United States Code; (11) with respect to a patient who is a veteran who has not completed such enrollment process as of the time the referral is made, the FQHC agrees to— (A) in coordination with the medical center, make available to the veteran assistance with the enrollment process; and (B) accept that reimbursement from the Secretary for providing care or services to the veteran will be delayed until after the enrollment process is completed; (12) the FQHC agrees to accept the financial risk that a patient referred under the demonstration program may not qualify for care or services furnished by the Secretary under title 38, United States Code; (13) the FQHC agrees to make available to referred patients, at one or more services sites of the FQHC and in accordance with the limitations on the scope of services applicable under section 330 of the Public Health Service Act (42 U.S.C. 245b)— (A) behavioral and mental health and substance abuse services; (B) women’s health services, including OBGYN services; (C) audiology; (D) HIV and hepatitis C treatment; (E) dental care; (F) optometry and ophthalmology; (G) pain management; (H) internal medicine; (I) cancer detection and screening; (J) podiatry; and (K) urgent care; (14) the FQHC agrees to provide additional services to referred patients to enable such patients to access medical services furnished under the demonstration program, including outreach and transportation services; (15) the Secretary agrees to provide timely reimbursement to the FQHC for medical services, provided to referred patients at the applicable rate for the State in which the FQHC is located under section 1902(bb) of the Social Security Act (42 U.S.C. 1396a); (16) the FQHC agrees to undergo periodic audits in accordance with section 330 of the Public Health Service Act (42 U.S.C. 254b) and title XIX of the Social Security Act (42 U.S.C. 1396 et seq.); and (17) to the extent practicable, the medical center agrees to provide information to patients on the availability in such area of medical services through the participation of the FQHC in the demonstration program, including information on the particular services that are available from the FQHC and on the extent to which the patient will be required to make payments for such service. (c) Selection Criteria.— (1) IN GENERAL.—In order to select FQHCs with which to enter into contracts under subsection (b), the Secretary shall develop selection criteria. Such selection criteria shall— (A) take into account geographic and demographic differences across catchment areas, as defined by the Veterans Health Administration; (B) provide for the selection of one or more FQHCs that have not fewer than two service sites, including one service site in a highly rural area; (C) provide for the selection of one or more FQHCs that— (i) have a large number of service sites; (ii) have a service area— (I) in which a significant number of veterans reside; (II) that includes both rural and urban areas, and one or more Department medical centers; and (III) that is located within 100 miles of a military base; (iii) is participating in a network that— (I) provides connectivity with respect to electronic health records; and (II) includes one or more Department medical centers as participants; and (iv) has engaged in outreach to one or more Department medical centers toward collaborating on the provision of services to veterans; (D) require that a selected FQHC has the capability to assist veterans in navigating the benefits available to them under the laws administered by the Secretary of Veterans Affairs; and (E) require a selected FQHC to commit to establishing a program to educate health professionals employed by the FQHC on cultural competency in providing services to veterans. (2) APPROVAL OF CERTAIN FQHCS.—Each contract entered into under subsection (b) shall specify the date on which the FQHC agrees to begin providing medical services to patients referred by a medical provider at a Department of Veterans Affairs medical center under the contract. Such date may not be later than 180 days after the date on which the Secretary and the FQHC enter into the contract. (d) Coordination With Department Of Health And Human Services.—In carrying out the demonstration program under this section, the Secretary of Veterans Affairs shall consult with the Secretary of Health and Human Services (acting through the Administrator of the Health Resources and Services Administration), who shall provide to the Secretary of Veterans Affairs information on the capacity of FQHCs to serve veterans. With respect to FQHCs that are participating in such demonstration program, the Secretary of Health and Human Services may, subject to that availability of appropriations for such purpose, make payments to such FQHCs to increase such capacity. (e) Patient Enrollment.— (1) NON-ENROLLED VETERANS.—Notwithstanding subsection (c) of section 1705 of title 38, United States Code, the Secretary shall develop a process to refer veterans who are not enrolled in the patient enrollment system of the Department of Veterans Affairs under such section to an FQHC for the provision of medical services to the veteran under the pilot program. (2) FACILITATION OF ENROLLMENT.—The Secretary shall develop a process by which FQHCs that have entered into a contract with the Secretary under subsection (b) are able to facilitate the enrollment of veterans referred to the FQHC under paragraph (1) in such patient enrollment system. (f) Electronic Health Records.—The Secretary of Veterans Affairs shall provide notice to any veteran accepting a referral to an FQHC under the demonstration program that such acceptance shall serve as consent for the Department medical center and the FQHC to share electronic health records unless the veteran elects not to authorize such sharing of records using a form provided by the Secretary for such purpose. (g) Rule Of Construction.—Nothing in this section shall be construed as affecting— (1) any authority or obligation of the Secretary of Veterans Affairs to furnish medical services under chapter 17 of title 38, United States Code, to a patient who is referred to an FQHC under the demonstration program; (2) the eligibility of any individual to receive medical services under chapter 17 of title 38, United States Code; or (3) section 330 of the Public Health Service Act (42 U.S.C. 254b). (h) Funding.—No additional amounts are authorized to be appropriated to carry out this section. The Secretary shall carry out the demonstration program using amounts otherwise available to the Secretary for Medical Community Care for fiscal years 2018 through 2022. (i) Duration; Termination.— (1) DURATION.—The Secretary of Veterans Affairs may enter into contracts under the demonstration program during the three-year period beginning on the date of the enactment of this Act. Such period may be extended or made permanent at the discretion of the Secretary. (2) PROVISION OF CARE.—If the Secretary terminates the demonstration program under this section, the Secretary shall ensure that patients receiving care or services through a FQHC pursuant to a contract entered into under subsection (b) are able to receive medical services provided by the FQHC under such contract until the conclusion of the relevant episode of care. (j) Definition Of Federally Qualified Health Center.—The term “Federally Qualified Health Center” means an entity receiving a grant under section 330 of the Public Health Service Act (42 U.S.C. 254b) or any other entity described in section 1861(aa)(4) of the Social Security Act.
  20. Paul Vang

    Naloxone Accessibility Act

    Mr. Vang, For himself with thanks to Ms. Edwards, introduces A BILL To prevent deaths occurring from drug overdoses. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the “Naloxone Accessibility Act”. SEC. 2. OVERDOSE PREVENTION PROGRAMS. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end the following: “PART W—OVERDOSE PREVENTION PROGRAMS “SEC. 399OO. COOPERATIVE AGREEMENT PROGRAM TO REDUCE DRUG OVERDOSE DEATHS. “(a) Program Authorized.—The Secretary, acting through the Administrator of the Substance Abuse and Mental Health Services Administration, shall enter into cooperative agreements with eligible entities to enable the eligible entities to reduce deaths occurring from overdoses of drugs. “(b) Eligible Entities.—To be eligible to receive a cooperative agreement under this section, an entity shall be a State, local, or tribal government, a correctional institution, a law enforcement agency, a community agency, a professional organization in the field of poison control and surveillance, or a private nonprofit organization. “(c) Application.— “(1) IN GENERAL.—An eligible entity desiring a cooperative agreement under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. “(2) CONTENTS.—An application under paragraph (1) shall include— “(A) a description of the activities to be funded through the cooperative agreement; and “(B) evidence that the eligible entity has the capacity to carry out such activities. “(d) Priority.—In entering into cooperative agreements under subsection (a), the Secretary shall give priority to eligible entities that— “(1) are a public health agency or community-based organization; and “(2) have expertise in preventing deaths occurring from overdoses of drugs in populations at high risk of such deaths. “(e) Eligible Activities.—As a condition of receipt of a cooperative agreement under this section, an eligible entity shall agree to use the cooperative agreement to do each of the following: “(1) Purchase and distribute the drug naloxone or a similarly effective medication. “(2) Carry out one or more of the following activities: “(A) Educating prescribers and pharmacists about overdose prevention and naloxone prescription, or prescriptions of a similarly effective medication. “(B) Training first responders, other individuals in a position to respond to an overdose, and law enforcement and corrections officials on the effective response to individuals who have overdosed on drugs. Training pursuant to this subparagraph may include any activity that is educational, instructional, or consultative in nature, and may include volunteer training, awareness building exercises, outreach to individuals who are at-risk of a drug overdose, and distribution of educational materials. “(C) Implementing and enhancing programs to provide overdose prevention, recognition, treatment, and response to individuals in need of such services. “(D) Educating the public and providing outreach to the public about overdose prevention and naloxone prescriptions, or prescriptions of other similarly effective medications. “(f) Coordinating Center.— “(1) ESTABLISHMENT.—The Secretary shall establish and provide for the operation of a coordinating center responsible for— “(A) collecting, compiling, and disseminating data on the programs and activities under this section, including tracking and evaluating the distribution and use of naloxone and other similarly effective medication; “(B) evaluating such data and, based on such evaluation, developing best practices for preventing deaths occurring from drug overdoses; “(C) making such best practices specific to the type of community involved; “(D) coordinating and harmonizing data collection measures; “(E) evaluating the effects of the program on overdose rates; and “(F) education and outreach to the public about overdose prevention and prescription of naloxone and other similarly effective medication. “(2) REPORTS TO CENTER.—As a condition on receipt of a cooperative agreement under this section, an eligible entity shall agree to prepare and submit, not later than 90 days after the end of the cooperative agreement period, a report to such coordinating center and the Secretary describing the results of the activities supported through the cooperative agreement. “(g) Duration.—The period of a cooperative agreement under this section shall be 4 years. “(h) Definition.—In this part, the term ‘drug’ — “(1) means a drug, as defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321); and “(2) includes controlled substances, as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802). “(i) Authorization Of Appropriations.—There are authorized to be appropriated $20,000,000 to carry out this section for each of the fiscal years 2016 through 2020. “SEC. 399OO–1. SURVEILLANCE CAPACITY BUILDING. “(a) Program Authorized.—The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall award cooperative agreements to eligible entities to improve fatal and nonfatal drug overdose surveillance and reporting capabilities, including— “(1) providing training to improve identification of drug overdose as the cause of death by coroners and medical examiners; “(2) establishing, in cooperation with the National Poison Data System, coroners, and medical examiners, a comprehensive national program for surveillance of, and reporting to an electronic database on, drug overdose deaths in the United States; and “(3) establishing, in cooperation with the National Poison Data System, a comprehensive national program for surveillance of, and reporting to an electronic database on, fatal and nonfatal drug overdose occurrences, including epidemiological and toxicologic analysis and trends. “(b) Eligible Entity.—To be eligible to receive a cooperative agreement under this section, an entity shall be— “(1) a State, local, or tribal government; or “(2) the National Poison Data System working in conjunction with a State, local, or tribal government. “(c) Application.— “(1) IN GENERAL.—An eligible entity desiring a cooperative agreement under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. “(2) CONTENTS.—The application described in paragraph (1) shall include— “(A) a description of the activities to be funded through the cooperative agreement; and “(B) evidence that the eligible entity has the capacity to carry out such activities. “(d) Report.—As a condition of receipt of a cooperative agreement under this section, an eligible entity shall agree to prepare and submit, not later than 90 days after the end of the cooperative agreement period, a report to the Secretary describing the results of the activities supported through the cooperative agreement. “(e) National Poison Data System.—In this section, the term ‘National Poison Data System’ means the system operated by the American Association of Poison Control Centers, in partnership with the Centers for Disease Control and Prevention, for real-time local, State, and national electronic reporting, and the corresponding database network. “(f) Authorization Of Appropriations.—There are authorized to be appropriated to carry out this section $5,000,000 for each of the fiscal years 2016 through 2020. “SEC. 399OO–2. REDUCING OVERDOSE DEATHS. “(a) Prevention Of Drug Overdose.—Not later than 180 days after the date of the enactment of this section, the Secretary, in consultation with a task force comprised of stakeholders, shall develop a plan to reduce the number of deaths occurring from overdoses of drugs and shall submit the plan to Congress. The plan shall include— “(1) a plan for implementation of a public health campaign to educate prescribers and the public about overdose prevention and prescription of naloxone and other similarly effective medication; “(2) recommendations for improving and expanding overdose prevention programming; and “(3) recommendations for such legislative or administrative action as the Secretary determines appropriate. “(b) Task Force Representation.— “(1) REQUIRED MEMBERS.—The task force under subsection (a) shall include at least one representative of each of the following: “(A) Individuals directly impacted by drug overdose. “(B) Direct service providers who engage individuals at risk of a drug overdose. “(C) Drug overdose prevention advocates. “(D) The National Institute on Drug Abuse. “(E) The Center for Substance Abuse Treatment. “(F) The Centers for Disease Control and Prevention. “(G) The Health Resources and Services Administration. “(H) The Food and Drug Administration. “(I) The Office of National Drug Control Policy. “(J) The American Medical Association. “(K) The American Association of Poison Control Centers. “(L) The Federal Bureau of Prisons. “(M) The Centers for Medicare & Medicaid Services. “(N) The Department of Justice. “(O) The Department of Defense. “(P) The Department of Veterans Affairs. “(Q) First responders. “(R) Law enforcement. “(S) State agencies responsible for drug overdose prevention. “(2) ADDITIONAL MEMBERS.—In addition to the representatives required by paragraph (1), the task force under subsection (a) may include other individuals with expertise relating to drug overdoses or representatives of entities with expertise relating to drug overdoses, as the Secretary determines appropriate.”. SEC. 3. OVERDOSE PREVENTION RESEARCH. Subpart 15 of part C of title IV of the Public Health Service Act (42 U.S.C. 285o et seq.) is amended by adding at the end the following: “SEC. 464Q. OVERDOSE PREVENTION RESEARCH. “(a) Overdose Research.—The Director of the Institute shall prioritize and conduct or support research on drug overdose and overdose prevention. The primary aims of this research shall include— “(1) an examination of circumstances that contribute to drug overdose and identification of drugs associated with fatal overdose; “(2) an evaluation of existing overdose prevention methods; “(3) pilot programs or research trials on new overdose prevention strategies or programs that have not been studied in the United States; “(4) scientific research concerning the effectiveness of overdose prevention programs, including how to effectively implement and sustain such programs; “(5) comparative effectiveness research of model programs; and “(6) implementation of science research concerning effective overdose prevention programming examining how to implement and sustain overdose prevention programming. “(b) Formulations Of Naloxone.—The Director of the Institute shall support research on the development of formulations of naloxone, and other similarly effective medications, and dosage delivery devices specifically intended to be used by lay persons or first responders for the prehospital treatment of unintentional drug overdose. “(c) Definition.—In this section, the term ‘drug’ has the meaning given such term in section 399OO. “(d) Authorization Of Appropriations.—There are authorized to be appropriated to carry out this section $5,000,000 for each of the fiscal years 2016 through 2020.”. PES: This bill amends the Public Health Service Act to require the Substance Abuse and Mental Health Services Administration (SAMHSA) to enter into cooperative agreements to reduce deaths from drug overdoses by: (1) purchasing and distributing naloxone (a medication that rapidly reverses overdose from heroin or other drugs with effects similar to opium) or a similar drug; and (2) educating or training the public, first responders, or health professionals on drug overdose prevention or response. SAMHSA must establish a coordinating center and develop a plan to reduce drug overdose deaths by educating the public about overdose prevention and recommending improvements to overdose prevention programs. The Centers for Disease Control and Prevention must improve drug overdose surveillance by entering into cooperative agreements to: (1) provide training to improve identification of drug overdose as the cause of death, and (2) establish a national program for reporting drug overdoses. The National Institute on Drug Abuse (NIDA) must prioritize, conduct, and support research on circumstances that contribute to drug overdose, drugs associated with fatal overdose, and overdose prevention methods. NIDA must support research on drug overdose treatments that can be administered by lay persons or first responders.
  21. Paul Vang

    Ending Family Separations Act

    IN THE HOUSE OF REPRESENTATIVES Mr. Vang (For himself, with thanks to Mr. Cruz) introduced the following bill; A BILL To limit the separation of families seeking asylum in the United States and expedite the asylum process for individuals arriving in the United States with children Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the “Ending Family Separations Act”. SEC. 2. ENSURING FAMILIES REMAIN TOGETHER. Notwithstanding any other provision of law, judicial determination, consent decree, or settlement agreement: (a) A child shall remain in the custody of and be detained in the same facility as the Asylum Applicant who is the child’s parent or legal guardian during the pendency of the Asylum Applicant’s asylum or withholding of removal proceedings. (b) If a child has multiple parents or legal guardians who are Asylum Applicants, that child shall remain in the custody of and be detained in the same facility as all of the child’s parents and legal guardians during the pendency of the Asylum Applicants’ asylum or withholding of removal proceedings; unless one of the child’s parents or legal guardians is present in the United States and not in any form of detention, in which case the child shall be placed in the custody of that parent or legal guardian. SEC. 3. FACILITIES FOR ASYLUM APPLICANTS WHO RETAIN CUSTODY OF A CHILD. (a) The designated agencies shall maintain facilities for the joint detention of Asylum Applicants who retain custody of a child and the child. These facilities shall only contain individuals who are under the age of 18 or are the parents or legal guardians of individuals under the age of 18. (b) Funding.—There are authorized to be appropriated for each of fiscal years 2017, 2018, 2019, and 2020 such sums as may be necessary to carry out this section. SEC. 4. INCREASING THE NUMBER OF AUTHORIZED IMMIGRATION JUDGES. (a) Increase In Immigration Judges.—The Attorney General of the United States shall increase the total number of immigration judges to adjudicate pending cases and efficiently process future cases by 375 judges. (b) Necessary Support Staff For Immigration Judges.—To address the shortage of support staff for immigration judges, the Attorney General shall ensure that each immigration judge has sufficient support staff, adequate technological and security resources, and appropriate courtroom facilities. (c) Increase In Board Of Immigration Appeals Attorneys.—The Attorney General shall increase the number of Board of Immigration Appeals staff attorneys by sixty attorneys. (d) Necessary Support Staff For Board Of Immigration Appeals.—To address the shortage of support staff for the Board of Immigration appeals, the Attorney General shall ensure that the Board of Immigration Appeals and its staff attorneys has sufficient support staff and adequate technological and security resources. (e) Prioritization Of Asylum Applicants.—Any immigration judges, Board of Immigration Appeals staff attorneys, and support staff hired under the authority of this section shall prioritize asylum applications that are filed by Asylum Applicants. (f) Funding.—There are authorized to be appropriated for each of fiscal years 2019, 2020, and 2021 such sums as may be necessary to carry out this section. SEC. 5. INCREASING THE NUMBER OF AVAILABLE DEPARTMENT OF HOMELAND SECURITY EMPLOYEES. (a) Increase In Department Of Homeland Security Personnel.—The Secretary of Homeland Security shall increase the total number of Department personnel that are responsible for processing asylum applications filed by Asylum Applicants by 200 individuals. Positions authorized before the date of the enactment of this Act and any existing officer vacancies within the Department of Homeland Security on such date of enactment shall not count towards the increase mandated by this paragraph. (b) Increase In Department Of Homeland Security Personnel.—The Secretary is authorized to procure space, temporary facilities, and to hire the required administrative and legal support staff, on an expedited basis, to accommodate the additional positions authorized under this section. (c) Funding.—There are authorized to be appropriated for each of fiscal years 2019, 2020, and 2021 such sums as may be necessary to carry out this section. SEC. 6. ESTABLISHING DEADLINES FOR PROCESSING OF ASYLUM APPLICANTS. Notwithstanding any other provision of law, judicial determination, consent decree, or settlement agreement: (a) In General.— (1) The Attorney General and Secretary of Homeland Security shall establish within 60 days of the enactment of this Act procedures for the expedited consideration of asylum applications filed by Asylum Applicants, pursuant to the guidelines set forth in this Act. (2) An asylum application filed by Asylum Applicants must be governed by the expedited procedures set forth by this Act, as opposed to existing asylum law, procedures, regulations, and timelines. But unless modified by this Act or the procedures set forth in, regulations promulgated pursuant to, and timelines established by this Act, the standards, procedures, and burdens of proof established by existing law and regulations for asylum applications shall apply to an asylum application filed by an Asylum Applicant. (3) Until the Attorney General and Secretary of Homeland Security have established procedures for expedited consideration of asylum applications under this section, any asylum application filed by an Asylum Applicant shall be reviewed under existing law, regulations, and procedures for the evaluation of an asylum claim. Other sections of this Act, including sections 2, 3, and 8, will nonetheless begin to apply to Asylum Applicants upon enactment of this Act. (b) Asylum Interviews.— (1) Within 24 hours of an initial referral from immigration officials of an asylum application by an Asylum Applicant, an asylum officer shall conduct an asylum interview of the Asylum Applicant. (2) The Attorney General shall provide information concerning the asylum interview described in this section to Asylum Applicants at least twelve hours prior to the asylum interview. An Asylum Applicant may consult with a person or persons of the Asylum Applicant’s choosing prior to the interview or any review thereof, according to regulations prescribed by the Attorney General. Such consultation shall be at no expense to the Government and shall not unreasonably delay the process. (3) Within 24 hours of the start of an asylum interview, the asylum officer must make a determination of whether the Asylum Application has a credible fear of persecution. (4) If the officer determines that the Asylum Applicant has a credible fear of persecution, the Asylum Applicant shall be detained for further consideration of the application for asylum and referred for an asylum determination consistent with subsection (d). (5) If the officer determines that the Asylum Applicant does not have a credible fear of persecution, the Asylum Applicant has 24 hours to request review by an Immigration Judge. If the Asylum Applicant does not request review of the determination within that time period, a Final Order of Removal shall be issued. (6) The asylum officer shall prepare a written record of a determination that the Asylum Applicant does not have a credible fear of persecution. Such record shall include a summary of the material facts as stated by the Asylum Applicant, such additional facts (if any) relied upon by the officer, and the officer’s analysis of why, in the light of such facts, the Asylum Applicant has not established a credible fear of persecution. A copy of the officer’s interview notes shall be attached to the written summary. (c) Appearance Before Immigration Judge.— (1) In the case of an Asylum Applicant referred to an Immigration Judge following a determination of credible fear of persecution by the asylum officer or an Asylum Applicant who requests review by an Immigration Judge of a determination that the Asylum Applicant does not have a credible fear of persecution, the Attorney General shall present the Asylum Applicant before an immigration judge for a hearing within 24 hours of the referral or request. (2) The Immigration Judge shall make a determination of asylum or withholding of removal eligibility within 120 hours of such a hearing. (3) If the Immigration Judge determines the Asylum Applicant is eligible for asylum or withholding of removal, the judge will order that asylum or withholding of removal be granted. (4) If the Immigration Judge determines that the Asylum Applicant is not eligible for asylum or withholding of removal, the Asylum Applicant has 24 hours to request review by the Board of Immigration Appeals. If the Asylum Applicant does not request review of the determination within that time period, a Final Order of Removal will be issued. (5) The Immigration Judge shall prepare a written record of a determination that the Asylum Applicant is not eligible for asylum or withholding of removal. Such record shall include a summary of the material facts as stated by the Asylum Applicant, such additional facts (if any) relied upon by the Immigration Judge, and the Immigration Judge’s analysis of why, in the light of such facts, the Asylum Applicant has not established eligibility for asylum or withholding of removal. (d) Review By Board Of Immigration Appeals.— (1) In the case of an Asylum Applicant who requests review by the Board of Immigration Appeals of a determination by an Immigration Judge that he or she is not eligible for asylum or withholding of removal, the Attorney General shall present the request for review to the Board of Immigration Appeals within 24 hours of the request. (2) The Board of Immigration Appeals shall make a determination of asylum or withholding of removal eligibility within 24 hours of receiving the request. (3) If the Board of Immigration Appeals determines the Asylum Applicant is eligible for asylum or withholding of removal, the Board of Immigration Appeals will order that asylum or withholding of removal be granted. (4) If the Board of Immigration Appeals determines that the Asylum Applicant is not eligible for asylum or withholding of removal, the Asylum Applicant has 24 hours to request review by the Attorney General. If the Asylum Applicant does not request review of the determination within that time period, a Final Order of Removal will be issued. (e) Review By Attorney General.— (1) In the case of an Asylum Applicant who requests review by the Attorney General of a determination by the Board of Immigration Appeals that he or she is not eligible for asylum or withholding of removal, the Attorney General shall make a determination of asylum or withholding of removal eligibility within 24 hours of receiving the request. (2) If the Attorney General determines the Asylum Applicant is eligible for asylum or withholding of removal, the Attorney General will order that asylum be granted. (3) If the Attorney General determines that the Asylum Applicant is not eligible for asylum or withholding of removal, a Final Order of Removal will be issued. (f) Issuance Of Final Order Of Removal.—Following a determination by the Attorney General that the Asylum Applicant is not eligible for asylum or withholding of removal, there shall be no additional review prior to the issuance of a Final Order of Removal. (g) Grant Of Asylum.—If asylum or withholding of removal is granted to an Asylum Applicant pursuant to these expedited procedures, the grant will be conditional and the Asylum Applicant shall remain in detention until the identity of the applicant has been checked against all appropriate records or databases maintained by the Attorney General and by the Secretary of State, including the Automated Visa Lookout System, to determine any grounds on which the alien may be inadmissible to, excludable from, removable from, or deportable from the United States, or ineligible to apply for or be granted asylum or withholding of removal. (h) Extensions Of Deadlines On Behalf Of Designated Agencies.—A designated agency may seek an extension of any of the deadlines set forth in this subsection by applying for an extension with an Immigration Judge. The Immigration Judge must issue an order stating that the designated agency has established that good cause warrants the granting of an extension. An extension may be granted for up to thirty days. Only two extensions may be granted, in total, to a designated agency during the entirety of an Asylum Applicant’s asylum application process. Any extensions of the deadlines shall not affect the detention of the Asylum Applicant. (i) Extensions Of Deadlines On Behalf Of Asylum Applicants.—An Asylum Applicant may seek an extension of any of the deadlines set forth in this subsection by applying for an extension with an Immigration Judge. The Immigration Judge must issue an order stating that the Asylum Applicant has established that good cause warrants the granting of an extension. An extension may be granted for up to thirty days. Only two extensions may be granted, in total, to an Asylum Applicant during the entirety of the Asylum Applicant’s asylum application process. Any extensions of the deadlines shall not affect the detention of the Asylum Applicant. SEC. 7. CONSEQUENCES OF DENIAL OF ASYLUM APPLICATION. Notwithstanding any other provision of law, judicial determination, consent decree, or settlement agreement: (a) Once a Final Order of Removal for an Asylum Applicant is issued, the designated agency shall remove from the United States within four days the Asylum Applicant and any child for whom the Asylum Applicant is the parent or legal guardian and has been detained with the Asylum Applicant. (1) EXCEPTION.—If the child has a parent or legal guardian who will be remaining physically present in the United States when the Asylum Applicant is removed, the child will remain in or be placed in the custody of that parent or legal guardian. (b) An Asylum Applicant whose asylum application is denied pursuant to the process outlined in this Act shall not be prosecuted for illegal entry as a result of the entry into the United States that led to the filing of the asylum application adjudicated under the process outlined in this Act, but will instead be removed from the United States. An Asylum Applicant may be prosecuted for any other violation of the law if and once their asylum application has been denied. If the Asylum Applicant is prosecuted for an immigration crime that is not a crime of violence, the provisions of this Act that require that a child shall remain in the custody of and be detained in the same facility as the Asylum Applicant, and any other exceptions and requirements thereof set forth in this Act, shall continue to apply. (c) A denial of an asylum application pursuant to the process outlined in this Act shall not prejudice a subsequent asylum application by the same Asylum Applicant on the same grounds if it is later filed after the Asylum Applicant arrives at a legal port of entry and files an asylum application, unless it is determined that the Asylum Applicant engaged in fraud during his prior asylum application that was denied pursuant to the process outlined in this Act. SEC. 8. EXCEPTIONS TO ENSURING FAMILIES REMAIN TOGETHER. (a) An agent or officer of a designated agency shall be permitted to remove a child from the custody of an Asylum Applicant that is the child’s parent or legal guardian with that Asylum Applicant’s consent. If a child has multiple parents or legal guardians in detention, all parents or legal guardians with custody of the child must consent to have the child removed from their custody before an agent or officer of a designated agency is permitted to remove the child; otherwise, the child will remain with the parent or legal guardian who does not wish for the child to be removed. (b) An agent or officer of a designated agency shall be permitted to remove a child from the custody of an Asylum Applicant without that Asylum Applicant’s consent if the following has occurred: (1) A State court, authorized under State law, terminates the rights of a parent or legal guardian, determines that it is in the best interests of the child to be removed from his or her parent or legal guardian, in accordance with the Adoption and Safe Families Act of 1997 (Public Law 105–89), or makes any similar determination that is legally authorized under State law. (2) An official from the State or county child welfare agency with expertise in child trauma and development makes a best interests determination that it is in the best interests of the child to be removed from his or her parent or legal guardian because the child is in danger of abuse or neglect at the hands of the parent or legal guardian, or is a danger to herself or others. (3) The Chief Patrol Agent or the Area Port Director, or their designees, authorizes separation upon the recommendation by an agent or officer, based on a finding that— (A) the child is a victim of trafficking or is at significant risk of becoming a victim of trafficking; (B) there is a strong likelihood that the adult is not the parent or legal guardian of the child; or (C) the child is in danger of abuse or neglect at the hands of the parent or legal guardian, or is a danger to themselves or others. (c) Documentation Required.—The Secretary shall ensure that a separation under subsection (a)(3) is documented in writing and includes, at a minimum, the reason for such separation, together with the stated evidence for such separation. SEC. 9. RECOMMENDATIONS FOR SEPARATIONS BY AGENTS OR OFFICERS. (a) In General.—Not later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the Secretary of Health and Human Services, shall develop training and guidance, with an emphasis on the best interests of the child, childhood trauma, attachment, and child development, for use by the agents and officers, in order to standardize the implementation of section 8(b)(3). (b) Annual Review.—Not less frequently than annually, the Secretary of Health and Human Services shall review the guidance developed under subsection (a) and make recommendations to the Secretary to ensure such guidance is in accordance with current evidence and best practices in child welfare, child development, and childhood trauma. (c) Requirement.—The guidance under subsection (a) shall incorporate the presumptions described in section 10. (d) Additional Requirements.— (1) EVIDENCE-BASED.—The guidance and training developed under this section shall incorporate evidence-based practices. (2) TRAINING REQUIRED.— (A) All agents and officers of designated agencies, upon hire, and annually thereafter, shall complete training on adherence to the guidance under this section. (B) All Chief Patrol Agents and Area Port Directors, upon hire, and annually thereafter, shall complete— (i) training on adherence to the guidance under this section; and (ii) 90 minutes of child welfare practice training that is evidence-based and trauma-informed. SEC. 10. PRESUMPTIONS. The presumptions described in this Act are the following: (1) FAMILY UNITY.—There shall be a strong presumption in favor of family unity. (2) SIBLINGS.—To the maximum extent practicable, the Secretary shall ensure that sibling groups remain intact. SEC. 11. REQUIRED POLICY FOR LOCATING SEPARATED CHILDREN. (a) In General.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall publish final public guidance that describes, with specificity, the manner in which an Asylum Applicant may locate a child they were the parent or legal guardian of that was separated from them prior to the enactment of this Act. In developing the public guidance, the Secretary shall consult with the Secretary of Health and Human Services. (b) Written Notification.—The Secretary shall provide each Asylum Applicant who was separated from a child they were the parent or legal guardian of with written notice of the public guidance to locate the separated child. (c) Language Access.—All guidance shall be available in English and Spanish, and at the request of the Asylum Applicant, in the language or manner that is understandable by the Asylum Applicant. SEC. 12. CLARIFICATION OF PARENTAL RIGHTS. If a child is separated from a parent or legal guardian, and a State court has not made a determination that the parental rights have been terminated, there is a presumption that— (1) the parental rights remain intact; and (2) the separation does not constitute an affirmative determination of abuse or neglect under Federal or State law. SEC. 13. CLARIFICATION OF EXISTING LAW. (a) Nothing in this Act shall be interpreted to supersede or modify Federal child welfare law, where applicable, including the Adoption and Safe Families Act of 1997 (Public Law 105–89). (b) Nothing in this Act shall be interpreted to supersede or modify State child welfare laws where applicable. (c) Nothing in this Act shall be interpreted to grant any due process rights to any individual who entered this country illegally. (d) Nothing in this act shall alter how an unaccompanied alien under the age of eighteen is treated under existing law. (2) ASYLUM APPLICANT.—The term “Asylum Applicant” means an alien who (a) has no permanent immigration status; (b) is detained by the United States government at or near a port of entry or within 100 miles of the border of the United States while having custody of and being in the presence of a child for whom the alien is a parent or legal guardian; and (c) seeks, within 48 hours of detention, asylum pursuant to section 208 of the Immigration and Nationality Act, withholding of removal pursuant to section 241(b)(3) of the Immigration and Nationality Act, or withholding of removal pursuant to the Convention Against Torture. (3) ASYLUM APPLICATION.—The term “asylum application” means an application for asylum pursuant to section 208 of the Immigration and Nationality Act, an application for withholding of removal under section 241(b)(3) of the Immigration and Nationality Act, and/or an application for withholding of removal pursuant to the Convention Against Torture. (4) CHILD.—The term “child” means an individual who— (A) has not reached the age of 18; (B) has no permanent immigration status; and (C) was in the custody and presence of a parent or legal guardian when the parent or legal guardian was detained for illegally entering into the United States at or near a port of entry or within 100 miles of the border of the United States. (5) COMMITTEES OF JURISDICTION.—The term “committees of jurisdiction” means— (A) the Committee on the Judiciary and the Committee on Health, Education, Labor, and Pensions of the Senate; and (B) the Committee on the Judiciary of the House of Representatives. (6) DANGER OF ABUSE OR NEGLECT AT THE HANDS OF THE PARENT OR LEGAL GUARDIAN.—The term “danger of abuse or neglect at the hands of the parent or legal guardian” shall not mean migrating to or crossing the United States border. (7) DESIGNATED AGENCY.—The term “designated agency” means— (A) the Department of Homeland Security; (B) the Department of Justice; and (C) the Department of Health and Human Services. (8) SECRETARY.—Unless otherwise specified, the term “Secretary” means the Secretary of Homeland Security. SECTION 14. EFFECTIVE DATE The bill shall go into effect upon its constitutional passage.
  22. Mr. Vang, for himself, submits A BILL To rebuild America's infrastructure. SECTION 1. SHORT TITLE. (a) This act shall be cited as the Rebuilding America's Infrastructure Act SECTION 2. FINDINGS. (a) The ASCE Foundation which has given infrastructure report cards since 1988 has given the United States a grade of D+ as of 2017. (b) According to ASCE's 2016 Failure to Act study, failing to close the infrastructure investment gap will result in $3.9 trillion in losses to the U.S. GDP, $7 trillion in lost business sales, and 2.5 million lost American jobs by the year 2025. (c) Additionally the study found that due to funding gaps in infrastructure American families will lose upwards of $3,400 in disposable income each year, or $9 each day. SECTION 3. AVIATION. (a) $42 billion is appropriated to the Airport Improvement Program through the Airport and Airway Trust Fund. SECTION 4. DAMS. (a) $4 billion is appropriated to the National Dam Rehabilitation and Repair Funding Program to cost-share repairs to publicly owned, non-federal, and high-hazard potential dams. (b) The Federal Emergency Management Agency is tasked with developing emergency action plans for every high-hazard potential dam by 2021 SECTION 5. ELECTRICITY (a) $177 billion is appropriated to the Department of Energy to be granted out to the states on a per capita basis for electrical infrastructure improvements, repairs, and maintenance. SECTION 6. INLAND WATERWAYS (a) $5 billion is appropriated to the Inland Waterways Trust Fund. (b) The United States Army Corps of Engineers is given contract authority for inland waterway projects. SECTION 7. PORTS. (a) $10 billion is appropriated to the Transportation Investment Generating Economic Recovery competitive grant program to be used exclusively for federal port investment. (b) $5 billion is appropriated to the Harbor Maintenance Trust Fund. (c) All funds in the Harbor Maintenance Trust Fund shall be limited exclusively for the dredging of harbors. SECTION 8. RAIL. (a) $20 billion is appropriated to the FASTLANE grant program exclusively to be used for freight rail infrastructure improvement with priority towards Class I railroads, upgrading tracks to support 286,000 pound cars, and repairing and replacing aging bridges. (b) The Railroad Track Maintenance Tax Credit is indefinitely extended. (c) $28 billion is appropriated to the Department of Transportation to be loaned to Amtrak for the purpose of infrastructure repairs needed for the Northeast Corridor. SECTION 9. SCHOOLS. (a) $662 billion shall be appropriated to the Department of Education to be granted on to the states on a per capita basis to be used towards school infrastructure improvement, repairs, and maintenance. SECTION 10. BRIDGES. (a) $123 billion is appropriated to the Department of Transportation to be granted out to the states on a per capita basis for the purpose of bridge rehabilitation. (b) Full funding for the Fixing America's Surface Transportation Act is indefinitely extended. SECTION 11. DRINKING WATER. (a) $105 billion is appropriated to the Drinking Water State Revolving Fund. (b) Full funding for the Water Infrastructure Finance and Innovation Act is indefinitely extended. (c) The state cap on private activity bonds for water infrastructure projects is eliminated. SECTION 12. HAZARDOUS WASTE. (a) $3 billion is appropriated to the Environmental Protection Agency Superfund. SECTION 13. LEVEES (a) $40 billion is appropriated to the US Army Corps of Engineers for the maintenance and improvement of USACE-owned levees. (b) $40 billion is appropriated to the Department of the Interior to grant out on a per capita basis to the states for the purpose of maintenance and improvement of non-USACE levees. (b) Full funding for the National Levee Safety Initiative under the Water Resources Reform and Development Act that is indefinitely extended. (c) The Federal Emergency Management Agency is tasked with completing the National Levee Inventory for both federal and non-federal levees by 2020. (d) The Federal Emergency Management Agency is tasked with adopting a levee hazard classification system. SECTION 14. PUBLIC PARKS. (a) $11.9 billion is appropriated to the National Park Service to address deferred maintenance. (b) $5.1 billion is appropriated to the United States Forest Service to address deferred maintenance. (c) $95.3 billion is appropriated to the Department of the Interior to grant out to the states on a per capita basis for the purpose of addressing deferred maintenance on state owned parks. (b) The US Army Corps of Engineers are permitted to retain all collected recreation fees for use at its facilities. (c) Reauthorize and fully fund indefinitely the Land and Water Conservation Fund. SECTION 15. ROADS. (a) $836 billion is appropriated to the Federal Highway Trust Fund. (b) To ensure solvency of the Federal Highway Trust Fund, the taxes on gasoline and diesel are indexed to inflation, from 18.4 cents per gallon of gasoline to 25.76 cents and 24.4 cents per gallon of diesel to 34.16 cents. SECTION 16. TRANSIT. (a) $90 billion is appropriated to the Department of Transportation to address the current transit maintenance backlog needed to attain “state of good repair” status. SECTION 17. WASTERWATER. (a) Reauthorize at minimum federal funding of $20 billion over five years for the State Revolving Loan Fund under the Clean Water Act. (b) Fully fund indefinitely the Water Infrastructure Financing and Innovation Act. SECTION 18. TAX-EXEMPT BONDS. (c) The status of tax-exempt bonds are preserved. SECTION 19. APPROPRIATION DISBURSEMENT. (a) All stated amounts above of appropriation shall be disbursed equally over the course of the next ten fiscal years. SECTION. 20. TAX ON EMPLOYERS WITH EMPLOYEES RECEIVING CERTAIN FEDERAL BENEFITS. (a) In General.—The Internal Revenue Code of 1986 is amended by inserting after chapter 36 the following new chapter: “CHAPTER 37—EMPLOYERS WITH EMPLOYEES RECEIVING CERTAIN FEDERAL BENEFITS “SEC. 4501. EMPLOYERS WITH EMPLOYEES RECEIVING CERTAIN FEDERAL BENEFITS. “(a) Imposition Of Corporate Welfare Tax.—There is hereby imposed on each large employer a tax equal to 100 percent of the qualified employee benefits with respect to such employer for the taxable year. “(b) Large Employer.— “(1) IN GENERAL.—For purposes of this section, the term ‘large employer’ means, with respect to a calendar year, an employer who employed an average of at least 500 employees on business days during the preceding calendar year. “(2) RULES FOR DETERMINING EMPLOYER SIZE.—For purposes of this subsection: “(A) APPLICATION OF AGGREGATION RULE FOR EMPLOYERS.—All persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 of the Internal Revenue Code of 1986 shall be treated as 1 employer. “(B) EMPLOYERS NOT IN EXISTENCE IN PRECEDING YEAR.—In the case of an employer which was not in existence throughout the preceding calendar year, the determination of whether such employer is a large employer shall be based on the average number of employees that it is reasonably expected such employer will employ on business days in the current calendar year. “(C) PREDECESSORS.—Any reference in this subsection to an employer shall include a reference to any predecessor of such employer. “(c) Qualified Employee Benefits.—For purposes of this section: “(1) IN GENERAL.—The term ‘qualified employee benefits’ means, with respect to a person for a taxable year, the sum of the qualified Federal benefits received by individuals who are employees of such person for such taxable year. “(2) QUALIFIED FEDERAL BENEFITS.—The term ‘qualified Federal benefits’ means, with respect to an individual, the following: “(A) The dollar value of supplemental nutrition assistance for which the household (as defined in section 3(m) of the Food and Nutrition Act of 2008) that includes such individual is eligible. “(B) The dollar value of meals that such individual or dependents of such individual are eligible for under the school lunch program under the Richard B. Russell National School Lunch Act and the school breakfast program under section 4 of the Child Nutrition Act of 1966. “(C) The aggregate amount of the monthly assistance payments for rental of a dwelling unit that the household of such individual is a member of is eligible to have made on its behalf pursuant to section 8 of the United States Housing Act of 1937. “(D) The amount of payments made under section 1903 of the Social Security Act with respect to expenditures made by a State under a State Medicaid plan under title XIX of such Act (or a waiver of such plan) for medical assistance for such individual or for dependents of such individual. “(d) Employee.—For purposes of this section, the term ‘employee’ means— “(1) any full-time or part-time employee, “(2) any individual who is a full-time or part-time independent contractor (including any employee of such independent contractor) and provides services to the employer, unless— “(A) the individual is free from control and direction in connection with the performance of the service, both under the contract for the performance of service and in fact, “(B) the service is performed outside the usual course of the business of the employer, and “(C) the individual is customarily engaged in an independently established trade, occupation, profession, or business of the same nature as that involved in the service performed, and “(3) any individual who is a full-time or part-time joint employee, provided that the employer possess, reserves, or exercises sufficient direct or indirect control over the essential terms and conditions of employment of such employee. “(e) Regulations.—The Secretary, in consultation with the Secretary of Agriculture, the Secretary of Housing and Urban Development, and the Administrator of the Centers for Medicare and Medicaid Services, shall prescribe such regulations as may be necessary or appropriate to carry out this chapter.”. (b) Clerical Amendments.—The table of chapters for subtitle D of such Code is amended by inserting after the item relating to chapter 36 the following new item: “CHAPTER 37—EMPLOYERS WITH EMPLOYEES RECEIVING CERTAIN FEDERAL BENEFITS”. (c) Effective Date.—The amendments made by this Act apply with respect to taxable years beginning after December 31, 2018. SEC. 3. UNLAWFUL EMPLOYMENT PRACTICES RELATED TO FEDERAL BENEFITS OF APPLICANTS. (a) In General.—It shall be an unlawful employment practice for any large employer (as defined in section 4501(b) of the Internal Revenue Code of 1986) to make inquiries of an applicant for employment, or otherwise seek information about such an applicant (including through the use of any form or application), relating to whether such applicant receives Federal benefits. (b) Enforcement.—A violation of subsection (a) shall be treated as, and enforced by the Secretary of Labor in the same manner as, a violation of section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206), except that for purposes of section 15(b) of such Act (29 U.S.C. 215(b)), the employer shall be liable to the individual alleging the violation for any lost wages due the individual and an additional equal amount of liquidated damages. SECTION. 22. ENDING TAX HAVEN ABUSE. (a) The Department of the Treasury shall be authorized to impose restrictions on foreign jurisdictions or financial institutions operating in the United States that are of primary money laundering concern or that significantly impede U.S. tax enforcement. (b) Title 26 of the United States Code (the Internal Revenue Code) shall be amended to: (1) Authorize the Department of the Treasury to expand reporting requirements for U.S. persons who hold an interest in a passive foreign investment company; (2) establish a rebuttable presumption against the validity of transactions by institutions that do not comply with reporting requirements under the Foreign Account Tax Compliance Act; (3) treat foreign corporations managed and controlled primarily in the United States as domestic corporations for tax purposes; (4) require tax withholding agents and financial institutions to report certain information about beneficial owners of foreign-owned financial accounts; (5) treat swap payments sent offshore as taxable U.S. source income; and (6) Authorize the Department of the Treasury to impose additional requirements for third party summonses used to obtain information in tax investigations that do not identify the person with respect to whose liability the summons is issued (i.e., John Doe summons). (c) The Securities Exchange Act of 1934 shall be amended to: (1) require corporations registered with the Securities and Exchange Commission to report annually, on a country-by country basis, on employees, gross revenues, payments made to governments, and other financial information; and (2) impose a fine for failure to disclose any holdings or transactions involving equity or debt instruments known to involve a foreign entity that would otherwise be subject to disclosure requirements. (d) Investment advisers and persons engaged in forming new business entities shall hereby subject to all current anti-money laundering requirements and laws. (e) The Department of the Treasury shall be authorized to impose new restrictions on U.S. corporations and other entities with foreign income with respect to: (1) tax deductions allocable to deferred foreign income, (2) the recalculation of foreign income taxes, (3) intangible property transferred overseas, (4) tax evasion activities by U.S. corporations reincorporating in a foreign country, and (5) the interest expense tax deduction of certain subsidiaries of foreign corporations with excess domestic indebtedness in order to prevent such deductions from being considered to drastically reduce tax income owed to the United States. (f) The rules on taxation of inverted entities (i.e., U.S. corporations that acquire foreign companies to reincorporate in a foreign jurisdiction with income tax rates lower than the United States) shall be amended to provide that a foreign corporation that acquires the properties of a U.S. corporation or partnership after the date of passage of this Act shall be treated as an inverted corporation and thus subject to U.S. taxation if, after such acquisition: (1) it holds more than 50% of the stock of the new entity (expanded affiliated group), or (2) the management or control of the new entity occurs primarily within the United States and the new entity has significant domestic business activities. SECTION 23. CLOSING CARRIED INTEREST LOOPHOLE. (a) Beginning in the year following the enactment of this act, carried interest shall be taxed according to existing laws pertaining to income taxation SECTION 24. ENACTMENT. (a) Unless otherwise stated, this act shall take effect immediately.
  23. Paul Vang

    Vang holds Town hall in Rhinelander, Wisconsin

    I think it's pretty terrible that the new Speaker doesn't care about coordinating with the President on House dockets as evident by a recent tweet of his. I can tell you he isn't coordinating with the Senate or House Republicans either for that matter. We're not going to enter some new era of bipartisan "people first" politics that Democrats claim they want by having a Speaker who thinks he is an island of his own. I doubt they'll criticize him over that though it's just the same old same old. Trying to work independent the rest of the government is going to lead to a whole lot of nothing getting accomplished which is not what the American voters want. Outside of the new Speaker I don't know much about the rest of their new leadership.
  24. Paul Vang

    Vang holds Town hall in Rhinelander, Wisconsin

    My biggest disagreement with President Trump is on labor unions. He's attacked them on many occasions in the past, but I along with most Americans see the value in labor unions in negotiation for better wages from employers.
  25. Paul Vang From the Office of Representative Paul Vang In the time since my introduction of the Election Integrity Act there has definitely been much discussion on the issue of instituting voter ID laws at the national level. Even the President has gotten involved in that discussion which I welcome. One of the claims I see though is that instituting voter ID laws is somehow some sort of directed attack on minorities. If that were the case though, then why do minorities still overwhelmingly support voter ID laws? According to Gallup polling, 77% of non-whites in America support a voter ID requirement to vote. I, the sponsor of the bill, am included in those numbers. Fringe partisans on the matter, typically white liberals, shouldn't pretend to speak on the behalf of non-whites as though we are incapable of knowing better. Non-white people are fully capable of getting a photo ID. We have to drive cars to work, give employers ID's when applying for a job, open bank accounts, and show our ID to buy alcohol or cigarettes just like everyone else. It's not this insurmountable obstacle that it's made out to be. We want peace of mind in our electoral process too just like most Americans. Hopefully us in Congress can deliver that to them. View full PR
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