[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 884 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                 S. 884

To close loopholes in the immigration laws that serve as incentives to 
aliens to attempt to enter the United States unlawfully, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 22, 2021

 Mr. Lee (for himself, Mrs. Blackburn, Mr. Tuberville, and Ms. Ernst) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To close loopholes in the immigration laws that serve as incentives to 
aliens to attempt to enter the United States unlawfully, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Stopping Border 
Surges Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                 TITLE I--UNACCOMPANIED ALIEN CHILDREN

Sec. 101. Repatriation of unaccompanied alien children.
Sec. 102. Clarification of standards for family detention.
Sec. 103. Special immigrant juvenile status for immigrants unable to 
                            reunite with either parent.
                        TITLE II--ASYLUM REFORM

Sec. 201. Credible fear interviews.
Sec. 202. Jurisdiction of asylum applications.
Sec. 203. Recording expedited removal and credible fear interviews.
Sec. 204. Safe third country.
Sec. 205. Renunciation of asylum status pursuant to return to home 
                            country.
Sec. 206. Notice concerning frivolous asylum applications.
Sec. 207. Anti-fraud investigative work product.
Sec. 208. Clarification of asylum eligibility.
Sec. 209. Application timing.
Sec. 210. Clarification of burden of proof.
Sec. 211. Additional exception.
Sec. 212. Clarification regarding employment eligibility.
Sec. 213. Penalties for asylum fraud.
Sec. 214. Statute of limitations for asylum fraud.
Sec. 215. Technical amendments.

                 TITLE I--UNACCOMPANIED ALIEN CHILDREN

SEC. 101. REPATRIATION OF UNACCOMPANIED ALIEN CHILDREN.

    (a) In General.--Section 235 of the William Wilberforce Trafficking 
Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (2)--
                            (i) by amending the heading to read as 
                        follows: ``Rules for unaccompanied alien 
                        children.--'';
                            (ii) in subparagraph (A)--
                                    (I) in the matter preceding clause 
                                (i), by striking ``who is a national or 
                                habitual resident of a country that is 
                                contiguous with the United States'';
                                    (II) in clause (i), by inserting 
                                ``and'' at the end;
                                    (III) in clause (ii), by striking 
                                ``; and'' and inserting a period; and
                                    (IV) by striking clause (iii);
                            (iii) in subparagraph (B)--
                                    (I) in the matter preceding clause 
                                (i), by striking ``(8 U.S.C. 1101 et 
                                seq.) may--'' and inserting ``(8 U.S.C. 
                                1101 et seq.)--'';
                                    (II) in clause (i), by inserting 
                                before ``permit such child to 
                                withdraw'' the following: ``may''; and
                                    (III) in clause (ii), by inserting 
                                before ``return such child'' the 
                                following: ``shall''; and
                            (iv) in subparagraph (C)--
                                    (I) by amending the heading to read 
                                as follows: ``Agreements with foreign 
                                countries.--''; and
                                    (II) in the matter preceding clause 
                                (i), by striking ``The Secretary of 
                                State shall negotiate agreements 
                                between the United States and countries 
                                contiguous to the United States'' and 
                                inserting ``The Secretary of State may 
                                negotiate agreements between the United 
                                States and any foreign country that the 
                                Secretary determines appropriate'';
                    (B) by redesignating paragraphs (3) through (5) as 
                paragraphs (4) through (6), respectively, and inserting 
                after paragraph (2) the following:
            ``(3) Special rules for interviewing unaccompanied alien 
        children.--An unaccompanied alien child shall be interviewed by 
        an immigration officer with specialized training in 
        interviewing child trafficking victims.''; and
                    (C) in paragraph (6)(D) (as so redesignated)--
                            (i) in the matter preceding clause (i), by 
                        striking ``, except for an unaccompanied alien 
                        child from a contiguous country subject to 
                        exceptions under subsection (a)(2),'' and 
                        inserting ``who does not meet the criteria 
                        listed in paragraph (2)(A)''; and
                            (ii) in clause (i), by inserting before the 
                        semicolon at the end the following: ``, which 
                        shall include a hearing before an immigration 
                        judge not later than 14 days after being 
                        screened under paragraph (4)'';
            (2) in subsection (b)--
                    (A) in paragraph (2)--
                            (i) in subparagraph (A), by inserting 
                        before the semicolon the following: ``believed 
                        not to meet the criteria listed in subsection 
                        (a)(2)(A)''; and
                            (ii) in subparagraph (B), by inserting 
                        before the period the following: ``and does not 
                        meet the criteria listed in subsection 
                        (a)(2)(A)''; and
                    (B) in paragraph (3), by striking ``an 
                unaccompanied alien child in custody shall'' and all 
                that follows, and inserting the following: ``an 
                unaccompanied alien child in custody--
                    ``(A) in the case of a child who does not meet the 
                criteria listed in subsection (a)(2)(A), shall transfer 
                the custody of such child to the Secretary of Health 
                and Human Services not later than 30 days after 
                determining that such child is an unaccompanied alien 
                child who does not meet such criteria; or
                    ``(B) in the case of child who meets the criteria 
                listed in subsection (a)(2)(A), may transfer the 
                custody of such child to the Secretary of Health and 
                Human Services after determining that such child is an 
                unaccompanied alien child who meets such criteria.''; 
                and
            (3) in subsection (c)--
                    (A) in paragraph (3), by inserting at the end the 
                following:
                    ``(D) Information about individuals with whom 
                children are placed.--
                            ``(i) Information to be provided to 
                        homeland security.--Before placing a child with 
                        an individual, the Secretary of Health and 
                        Human Services shall provide to the Secretary 
                        of Homeland Security, regarding the individual 
                        with whom the child will be placed, the 
                        following information:
                                    ``(I) The name of the individual.
                                    ``(II) The social security number 
                                of the individual, if available.
                                    ``(III) The date of birth of the 
                                individual.
                                    ``(IV) The location of the 
                                individual's residence where the child 
                                will be placed.
                                    ``(V) The immigration status of the 
                                individual, if known.
                                    ``(VI) Contact information for the 
                                individual.
                            ``(ii) Special rule.--In the case of a 
                        child who was apprehended on or after the 
                        effective date of this clause, and before the 
                        date of the enactment of this subparagraph, who 
                        the Secretary of Health and Human Services 
                        placed with an individual, the Secretary shall 
                        provide the information listed in clause (i) to 
                        the Secretary of Homeland Security not later 
                        than 90 days after such date of enactment.''; 
                        and
                    (B) in paragraph (5)--
                            (i) by inserting after ``to the greatest 
                        extent practicable'' the following: ``(at no 
                        expense to the Government)''; and
                            (ii) by striking ``have counsel to 
                        represent them'' and inserting ``have access to 
                        counsel to represent them''.
    (b) Effective Date.--The amendments made by this section shall 
apply to any unaccompanied alien child apprehended on or after the date 
of enactment.

SEC. 102. CLARIFICATION OF STANDARDS FOR FAMILY DETENTION.

    (a) In General.--Section 235 of the William Wilberforce Trafficking 
Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) is 
amended by adding at the end the following:
    ``(j) Construction.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, judicial determination, consent decree, or settlement 
        agreement, the detention of any alien child who is not an 
        unaccompanied alien child shall be governed by sections 217, 
        235, 236, and 241 of the Immigration and Nationality Act (8 
        U.S.C. 1187, 1225, 1226, and 1231). There is no presumption 
        that an alien child who is not an unaccompanied alien child 
        should not be detained, and all such determinations shall be in 
        the discretion of the Secretary of Homeland Security.
            ``(2) Release of minors other than unaccompanied aliens.--
        In no circumstances shall an alien minor who is not an 
        unaccompanied alien child be released by the Secretary of 
        Homeland Security other than to a parent or legal guardian, who 
        is lawfully present in the United States.
            ``(3) Family detention.--The Secretary of Homeland Security 
        shall--
                    ``(A) maintain the care and custody of an alien, 
                during the period during which the charges described in 
                clause (i) are pending, who--
                            ``(i) is charged only with a misdemeanor 
                        offense under section 275(a) of the Immigration 
                        and Nationality Act (8 U.S.C. 1325(a)); and
                            ``(ii) entered the United States with the 
                        alien's child who has not attained 18 years of 
                        age; and
                    ``(B) detain the alien with the alien's child.''.
    (b) Sense of Congress.--It is the sense of Congress that the 
amendments in this section to section 235 of the William Wilberforce 
Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 
1232) are intended to satisfy the requirements of the Settlement 
Agreement in Flores v. Meese, No. 85-4544 (C.D. Cal) as approved by the 
court on January 28, 1997, with respect to its interpretation in Flores 
v. Johnson, 212 F. Supp. 3d 864 (C.D. Cal. 2015), that the agreement 
applies to accompanied minors.
    (c) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
all actions that occur before, on, or after the date of the enactment 
of this Act.
    (d) Preemption of State Licensing Requirements.--Notwithstanding 
any other provision of law, judicial determination, consent decree, or 
settlement agreement, no State may require that an immigration 
detention facility used to detain children who have not attained 18 
years of age, or families consisting of one or more of such children 
and the parents or legal guardians of such children, that is located in 
that State, be licensed by the State or any political subdivision 
thereof.

SEC. 103. SPECIAL IMMIGRANT JUVENILE STATUS FOR IMMIGRANTS UNABLE TO 
              REUNITE WITH EITHER PARENT.

    Section 101(a)(27)(J) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(27)(J)) is amended--
            (1) in clause (i), by striking ``, and whose reunification 
        with 1 or both of the immigrant's parents is not viable due to 
        abuse, neglect, abandonment, or a similar basis found under 
        State law''; and
            (2) in clause (iii)--
                    (A) by striking ``and'' at the end of subclause 
                (I);
                    (B) by inserting ``and'' at the end of subclause 
                (II); and
                    (C) by adding at the end the following:
                                    ``(III) an alien may not be granted 
                                special immigrant juvenile status under 
                                this subparagraph if his or her 
                                reunification with any one parent or 
                                legal guardian is not precluded by 
                                abuse, neglect, abandonment, or any 
                                similar cause under State law;''.

                        TITLE II--ASYLUM REFORM

SEC. 201. 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.''.

SEC. 202. 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).

SEC. 203. 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) Credible Fear Interview Checklists.--The Secretary of Homeland 
Security shall provide a checklist of standard questions and concepts 
to be addressed in all interviews under section 235(b) to immigration 
officers exercising decision-making authority in such interviews. Such 
checklists shall be routinely updated to include relevant changes to 
law and procedures and shall, at a minimum, require that all 
immigration officers utilizing such checklists provide concise 
justifications of their decision regardless of whether credible fear 
was or was not established.
    (c) 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.
    (d) 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.
    (e) 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.
    (f) 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.

SEC. 204. 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 ``if the Attorney General determines'' and 
        inserting ``if the Attorney General or the Secretary of 
        Homeland Security determines--'';
            (2) by striking ``that the alien may be removed'' and 
        inserting:
                            ``(i) that the alien may be removed'';
            (3) by striking ``removed, pursuant to a bilateral or 
        multilateral agreement, to'' and inserting ``removed to'';
            (4) by inserting ``, on a case by case basis,'' before 
        ``finds that'';
            (5) by striking the period at the end and inserting ``; 
        or''; and
            (6) by adding at the end the following:
            ``(ii) that the alien entered, attempted to enter, or 
        arrived in the United States after transiting through at least 
        one country outside the alien's country of citizenship, 
        nationality, or last lawful habitual residence en route to the 
        United States, unless--
                    ``(I) the alien demonstrates that he or she applied 
                for protection from persecution or torture in at least 
                one country outside the alien's country of citizenship, 
                nationality, or last lawful habitual residence through 
                which the alien transited en route to the United 
                States, and the alien received a final judgement 
                denying the alien protection in each country;
                    ``(II) the alien demonstrates that he or she was a 
                victim of a severe form of trafficking in which a 
                commercial sex act was induced by force, fraud, or 
                coercion, or in which the person induced to perform 
                such act was under the age of 18 years; or in which the 
                trafficking included the recruitment, harboring, 
                transportation, provision, or obtaining of a person for 
                labor or services through the use of force, fraud, or 
                coercion for the purpose of subjection to involuntary 
                servitude, peonage, debt bondage, or slavery, and was 
                unable to apply for protection from persecution in all 
                countries that alien transited en route to the United 
                States as a result of such severe form of trafficking; 
                or
                    ``(III) the only countries through which the alien 
                transited en route to the United States were, at the 
                time of the transit, not parties to the 1951 United 
                Nations Convention relating to the Status of Refugees, 
                the 1967 Protocol Relating to the Status of Refugees, 
                or the United Nations Convention against Torture and 
                Other Cruel, Inhuman or Degrading Treatment or 
                Punishment.''.

SEC. 205. 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)''.

SEC. 206. 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 Appear 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.''.

SEC. 207. 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''.

SEC. 208. CLARIFICATION OF ASYLUM ELIGIBILITY.

    (a) In General.--Section 208(b)(1)(A) of the Immigration and 
Nationality Act (8 U.S.C. 1158(b)(1)(A)) is amended by inserting after 
``section 101(a)(42)(A)'' the following: ``and is eligible to apply for 
asylum under subsection (a)''.
    (b) Place of Arrival.--Section 208(a)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1158(a)(1)) is amended--
            (1) by striking ``or who arrives in the United States 
        (whether or not at a designated port of arrival and including 
        an alien who is brought to the United States after having been 
        interdicted in international or United States waters),''; and
            (2) by inserting after ``United States'' the following: 
        ``and has arrived in the United States at a port of entry,''.

SEC. 209. APPLICATION TIMING.

    Section 208(a)(2)(B) of the Immigration and Nationality Act (8 
U.S.C. 1158(a)(2)(B)) is amended by striking ``1 year'' and inserting 
``6 months''.

SEC. 210. CLARIFICATION OF BURDEN OF PROOF.

    Section 208(b)(1)(B)(i) of the Immigration and Nationality Act (8 
U.S.C. 1158(b)(1)(B)(i)) is amended by striking ``at least one'' and 
inserting ``the''.

SEC. 211. ADDITIONAL EXCEPTION.

    Section 208(b)(2)(A) of the Immigration and Nationality Act (8 
U.S.C. 1158(b)(2)(A)) is amended--
            (1) in clause (v), by striking ``or'' at the end;
            (2) in clause (vi), by striking the period and inserting 
        ``; or''; and
            (3) by adding at the end the following:
                            ``(vii) there are reasonable grounds for 
                        concluding the alien could avoid persecution by 
                        relocating to another part of the alien's 
                        country of nationality or, if stateless, 
                        another part of the alien's country of last 
                        habitual residence.''.

SEC. 212. CLARIFICATION REGARDING EMPLOYMENT ELIGIBILITY.

    Section 208(d)(2) of the Immigration and Nationality Act (8 U.S.C. 
1158(d)(2)) is amended--
            (1) by striking ``180 days'' and inserting ``1 year''; and
            (2) by inserting ``and the authorization shall expire 6 
        months after the date of issuance'' before the period at the 
        end.

SEC. 213. PENALTIES FOR ASYLUM FRAUD.

    Section 1001 of title 18, United States Code, 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.''.

SEC. 214. STATUTE OF LIMITATIONS FOR ASYLUM FRAUD.

    Section 3291 of title 18, United States Code, 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.''.

SEC. 215. 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
                            (ii) in subparagraph (B), by inserting 
                        ``Secretary of Homeland Security or the'' 
                        before ``Attorney General''.
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