[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4361 Placed on Calendar Senate (PCS)]

<DOC>





                                                       Calendar No. 397
118th CONGRESS
  2d Session
                                S. 4361

 Making emergency supplemental appropriations for border security and 
combatting fentanyl for the fiscal year ending September 30, 2024, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 16, 2024

Mr. Murphy introduced the following bill; which was read the first time

                              May 20, 2024

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
 Making emergency supplemental appropriations for border security and 
combatting fentanyl for the fiscal year ending September 30, 2024, 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 ``Border Act of 2024''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

Sec. 1. Short Title.
Sec. 2. Table of Contents.
Sec. 3. References.
   DIVISION A--BORDER SECURITY AND COMBATTING FENTANYL SUPPLEMENTAL 
                        APPROPRIATIONS ACT, 2024

                         DIVISION B--BORDER ACT

SEC. 3. REFERENCES.

    Except as expressly provided otherwise, any reference to ``this 
Act'' contained in any division of this Act shall be treated as 
referring only to the provisions of that division.

   DIVISION A--BORDER SECURITY AND COMBATTING FENTANYL SUPPLEMENTAL 
                        APPROPRIATIONS ACT, 2024

     The following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2024, and for other purposes, namely:

                                TITLE I

                         DEPARTMENT OF JUSTICE

                Executive Office for Immigration Review

    For an additional amount for ``Executive Office for Immigration 
Review'', $440,000,000, to remain available until September 30, 2026:  
Provided, That of the total amounts provided under this heading in this 
Act, $404,000,000 shall be for Immigration Judge Teams, including 
appropriate attorneys, law clerks, paralegals, court administrators, 
and other support staff, as well as necessary court and adjudicatory 
costs, and $36,000,000 shall be for representation for certain 
incompetent adults pursuant to section 240(e) of the Immigration and 
Nationality Act (8 U.S.C. 1229a(e)):  Provided further, That not more 
than 3 percent of the funds available for representation for certain 
incompetent adults in the preceding proviso shall be available for 
necessary administrative expenses:  Provided further, That with the 
exception of immigration judges appointed pursuant to section 1003.10 
of title 8, Code of Federal Regulations, amounts provided under this 
heading in this Act for Immigration Judge Teams may not be used to 
increase the number of permanent positions:  Provided further, That the 
Executive Office for Immigration Review shall submit a spending plan to 
the Committees on Appropriations of the House of Representatives and 
the Senate within 45 days after the date of enactment of this Act:  
Provided further, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                            Legal Activities

            salaries and expenses, general legal activities

    For an additional amount for ``Salaries and Expenses, General Legal 
Activities'', $11,800,000, to remain available until September 30, 
2026, for necessary expenses of the Criminal Division associated with 
the Joint Task Force Alpha's efforts to combat human trafficking and 
smuggling in the Western Hemisphere:  Provided, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                     United States Marshals Service

                       federal prisoner detention

    For an additional amount for ``United States Marshals Service--
Federal Prisoner Detention'', $210,000,000, to remain available until 
expended, for detention costs due to enforcement activities along the 
southern and northern borders:  Provided, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                    Federal Bureau of Investigation

                         salaries and expenses

    For an additional amount for ``Federal Bureau of Investigation--
Salaries and Expenses'', $204,000,000, to remain available until 
September 30, 2026, for expenses related to the analysis of DNA 
samples, including those samples collected from migrants detained by 
the United States Border Patrol:  Provided, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                    Drug Enforcement Administration

                         salaries and expenses

    For an additional amount for ``Drug Enforcement Administration--
Salaries and Expenses'', $23,200,000, to remain available until 
September 30, 2026, to enhance laboratory analysis of illicit fentanyl 
samples to trace illicit fentanyl supplies back to manufacturers, to 
support Operation Overdrive, and to bolster criminal drug network 
targeting efforts through data system improvements:  Provided, That 
such amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                                TITLE II

                    DEPARTMENT OF HOMELAND SECURITY

   DEPARTMENTAL MANAGEMENT, INTELLIGENCE, SITUATIONAL AWARENESS, AND 
                               OVERSIGHT

            Office of the Secretary and Executive Management

                         operations and support

    For an additional amount for ``Office of the Secretary and 
Executive Management--Operations and Support'', $33,000,000, to remain 
available until September 30, 2026, of which $30,000,000 shall be for 
necessary expenses relating to monitoring, recording, analyzing, public 
reporting on, and projecting migration flows and the impacts policy 
changes and funding have on flows and related resource requirements for 
border security, immigration enforcement, and immigration services and 
of which $3,000,000 shall be for the Office of the Immigration 
Detention Ombudsman for reporting and oversight relating to expanded 
detention capacity:  Provided, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985.

               SECURITY, ENFORCEMENT, AND INVESTIGATIONS

                   U.S. Customs and Border Protection

                         operations and support

                     (including transfer of funds)

    For an additional amount for ``U.S. Customs and Border Protection--
Operations and Support'', $4,001,239,000, to remain available until 
September 30, 2026:  Provided, That of the total amount provided under 
this heading in this Act, $2,091,363,000 shall be for operational 
requirements relating to migration surges along the southwest border, 
counter-fentanyl activities, necessary expenses at ports of entry, 
reimbursement to the Department of Defense for border operations 
support, and other related expenses; $1,134,876,000 shall be for the 
hiring of U.S. Customs and Border Protection personnel; $25,000,000 
shall be for familial DNA testing; and $750,000,000 shall be 
transferred to ``Federal Emergency Management Agency--Federal 
Assistance'' to support sheltering and related activities provided by 
non-Federal entities through the Shelter and Services Program:  
Provided further, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

              procurement, construction, and improvements

    For an additional amount for ``U.S. Customs and Border Protection--
Procurement, Construction, and Improvements'', $2,334,000,000, to 
remain available until September 30, 2027:  Provided, That of the total 
amount provided under this heading in this Act, $2,000,000,000 shall be 
for acquisition and deployment of non-intrusive inspection technology, 
$260,000,000 shall be for acquisition and deployment of border security 
technology, and $74,000,000 shall be for acquisition and deployment of 
air assets:  Provided further, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985.

                U.S. Immigration and Customs Enforcement

                         operations and support

    For an additional amount for ``U.S. Immigration and Customs 
Enforcement--Operations and Support'', $6,043,876,000, to remain 
available until September 30, 2026:  Provided, That of the total amount 
provided under this heading in this Act, $1,671,614,000 shall be for 
increased custodial detention capacity, $2,465,643,000 shall be for 
increased removal flights and related activities, including short-term 
staging facilities, $415,752,000 shall be for hiring U.S. Immigration 
and Customs Enforcement personnel, $203,765,000 shall be for counter 
fentanyl investigations and enforcement, and $1,287,102,000 shall be 
for increased enrollment capabilities and related activities within the 
Alternatives to Detention program:  Provided further, That such amount 
is designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

            PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

                  Federal Emergency Management Agency

                           federal assistance

    For an additional amount for ``Federal Emergency Management 
Agency--Federal Assistance'', $100,000,000, to remain available until 
September 30, 2025, for Operation Stonegarden:  Provided, That not less 
than 25 percent of the total amount provided under this heading in this 
Act shall be for States other than those located along the southwest 
border:  Provided further, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985.

             RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES

               U.S. Citizenship and Immigration Services

                         operations and support

    For an additional amount for ``U.S. Citizenship and Immigration 
Services--Operations and Support'', $3,995,842,000, to remain available 
until September 30, 2026:  Provided, That of the total amount provided 
under this heading in this Act, $3,383,262,000 shall be for hiring and 
associated costs, $112,580,000 shall be for non-personnel operations, 
including transcription services, and $500,000,000 shall be for 
facilities:  Provided further, That such amounts shall be in addition 
to any other amounts made available for such purposes, and shall not be 
construed to require any reduction of any fee described in section 
286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)):  
Provided further, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                Federal Law Enforcement Training Centers

                         operations and support

    For an additional amount for ``Federal Law Enforcement Training 
Centers--Operations and Support'', $50,703,000, to remain available 
until September 30, 2026:  Provided, That of the total amount provided 
under this heading in this Act, $49,603,000 shall be for training-
related expenses, to include instructors, tuition, and overhead costs 
associated with the delivery of basic law enforcement training and 
$1,100,000 shall be for the necessary mission support activities and 
facility maintenance required for law enforcement training:  Provided 
further, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                     GENERAL PROVISIONS--THIS TITLE

    Sec. 201. (a) The Secretary shall, by March 1, 2025, and quarterly 
thereafter, provide to the Committees on Appropriations of the House of 
Representatives and the Senate a report describing changes in 
performance metrics and operational capabilities relating to border 
security, immigration enforcement, and immigration services, and the 
relationship of those changes to actual and projected encounters on the 
southwest border.
    (b) The report required by subsection (a) shall also include an 
analytic assessment of how policy changes and resources provided in 
this title of this Act impact efficiencies and resource needs for--
            (1) other programs within the Department; and
            (2) other Federal Departments and agencies.
    Sec. 202. (a) Amounts made available in this Act under the heading 
``U.S. Customs and Border Protection--Procurement, Construction, and 
Improvements'' for acquisition and deployment of border security 
technology shall be available only as follows:
            (1) $170,000,000 for the procurement and deployment of 
        autonomous surveillance towers systems in locations that are 
        not currently covered by such systems or technology, as defined 
        in subsection (d);
            (2) $47,500,000 for the procurement and deployment of 
        mobile surveillance capabilities, including mobile video 
        surveillance systems and for obsolete mobile surveillance 
        equipment replacement, counter-UAS, and small unmanned aerial 
        systems;
            (3) $25,000,000 for subterranean detection capabilities;
            (4) $7,500,000 for seamless integrated communications to 
        extend connectivity for Border Patrol agents; and
            (5) $10,000,000 for the acquisition of data from long 
        duration unmanned surface vehicles in support of maritime 
        border security.
    (b) None of the funds available under subsection (a)(1) shall be 
used for the procurement or deployment of border security technology 
that is not autonomous.
    (c) For the purposes of this section, ``autonomous'' and 
``autonomous surveillance tower systems'' are defined as integrated 
software and/or hardware systems that utilize sensors, onboard 
computing, and artificial intelligence to identify items of interest 
that would otherwise be manually identified by personnel.
    (d) Not later than 90 days after the date of enactment of this Act, 
and monthly thereafter, U.S. Customs and Border Protection shall 
provide to the Committees on Appropriations of the House of 
Representatives and the Senate an expenditure plan for the use of the 
funds available under subsection (a)(1) and such expenditure plan shall 
include the following:
            (1) the number and type of systems that will be procured;
            (2) the U.S. Border Patrol sectors where each system will 
        be deployed;
            (3) a timeline for system deployments, including a timeline 
        for securing necessary approvals and land rights;
            (4) estimated annual sustainment costs for the systems; and
            (5) other supporting information.
    Sec. 203. (a) Amounts made available in this Act under the heading 
``U.S. Customs and Border Protection--Procurement, Construction, and 
Improvements'' for acquisition and deployment of non-intrusive 
inspection technology shall be available only through an open 
competition occurring after the date of enactment of this Act to 
acquire innovative technologies that improve performance, including 
through the integration of artificial intelligence and machine learning 
capabilities.
    (b) Beginning on March 1, 2025, the Commissioner of U.S. Customs 
and Border Protection shall provide to the Committees on Appropriations 
of the House of Representatives and the Senate a quarterly update on 
the impacts of deployments of additional non-intrusive inspection 
technology on key performance metrics and operational capabilities and 
such expenditure plan shall include the following:
            (1) the percentage of passenger and cargo vehicles scanned;
            (2) the percentage of seizures of narcotics, currency, 
        weapons, and ammunition, and other illicit items at inbound and 
        outbound operations at ports of entry, checkpoints, and other 
        locations as applicable; and
            (3) the impact on U.S. Customs and Border Protection 
        workforce requirements resulting from the deployment of 
        additional non-intrusive inspection technology.
    Sec. 204. (a) Not later than 30 days after the date of enactment of 
this Act, the Under Secretary for Management at the Department of 
Homeland Security shall provide to the Committees on Appropriations of 
the House of Representatives and the Senate an expenditure and hiring 
plan for amounts made available in this title of this Act.
    (b) The plan required in subsection (a) shall not apply to funds 
made available in this Act under the heading ``Federal Emergency 
Management Agency--Federal Assistance'' or to funds transferred by this 
Act to such heading.
    (c) The plan required in subsection (a) shall be updated and 
submitted to the Committees on Appropriations of the House of 
Representatives and the Senate every 30 days and no later than the 5th 
day of each month to reflect changes to the plan and expenditures of 
funds until all funds made available in this title of this Act are 
expended or have expired.
    (d) None of the funds made available in this title of this Act may 
be obligated prior to the submission of such plan.
    Sec. 205.  The remaining unobligated balances, as of the date of 
enactment of this Act, from amounts made available under the heading 
``U.S. Customs and Border Protection--Procurement, Construction, and 
Improvements'' in division D of the Consolidated Appropriations Act, 
2020 (Public Law 116-93) and described in section 209(a)(1) of such 
division of that Act and division F of the Consolidated Appropriations 
Act, 2021 (Public Law 116-260) and described in section 210 of such 
division of that Act are hereby rescinded, and an amount of additional 
new budget authority equivalent to the amount rescinded pursuant to 
this section is hereby appropriated, for an additional amount for 
fiscal year 2024, to remain available until September 30, 2028, and 
shall be available for the same purposes and under the same authorities 
and conditions for which such amounts were originally provided in such 
Acts:  Provided, That none of the funds allocated for pedestrian 
physical barriers pursuant to this section may be made available for 
any purpose other than the construction of steel bollard pedestrian 
barrier built at least 18 to 30 feet in effective height and augmented 
with anti-climb and anti-dig features:  Provided further, That for 
purposes of this section, the term ``effective height'' refers to the 
height above the level of the adjacent terrain features:  Provided 
further, That none of the funds allocated for pedestrian physical 
barriers pursuant to this section may be made available for any purpose 
other than construction of pedestrian barriers consistent with the 
description in the first proviso at locations identified in the Border 
Security Improvement Plan submitted to Congress on August 1, 2020:  
Provided further, That the Commissioner of U.S. Customs and Border 
Protection may reprioritize the construction of physical barriers 
outlined in the Border Security Improvement Plan and, with prior 
approval of the Committees on Appropriations of the House of 
Representatives and the Senate, add additional miles of pedestrian 
physical barriers where no such barriers exist, prioritized by 
operational requirements developed in coordination with U.S. Border 
Patrol leadership:  Provided further, That within 180 days of the date 
of enactment of this Act, the Secretary shall submit a report to the 
Committees on Appropriations of the House of Representatives and the 
Senate detailing how the funds will be used, by sector, to include the 
number of miles to be built:  Provided further, That none of the funds 
made available pursuant to this section shall be available for 
obligation until the Secretary submits the report detailed in the 
preceding proviso.
    Sec. 206. (a) Not later than 60 days after the date of the 
enactment of this Act and monthly thereafter, the Director of U.S. 
Immigration and Customs Enforcement (in this section, referred to as 
the ``Director'') shall provide to the Committees on Appropriations of 
the House of Representatives and the Senate data detailing the number 
of weekly removal flights conducted by U.S. Immigration and Customs 
Enforcement, the cost per flight, the number of individuals by 
nationality on each flight, the average length of time by nationality 
between when the individual was removed and when the individual's final 
order of removal was issued, and the number of empty seats on each 
flight.
    (b) The Director shall also provide to the Committees on 
Appropriations of the House of Representatives and the Senate data 
detailing the number of voluntary repatriations coordinated by U.S. 
Immigration and Customs Enforcement, the costs associated with each 
repatriation, the number of individuals by nationality, the average 
length of time by nationality between when the individual was removed 
and when the individual's final order of removal was issued, and the 
number of individuals that have opted into this program still awaiting 
repatriation.
    Sec. 207. (a) Not later than 30 days after the date of enactment of 
this Act and weekly thereafter, the Director of U.S. Immigration and 
Customs Enforcement (in this section referred to as the ``Director'') 
shall provide to the Committees on Appropriations of the House of 
Representatives and the Senate a plan to increase custodial detention 
capacity using the funds provided for such purpose in this title of 
this Act, until such funds are expended.
    (b) The plan required by subsection (a) shall also include data on 
all detention capacity to which U.S. Immigration and Customs 
Enforcement has access but cannot use, the reason that the capacity 
cannot be used, and a course of action for mitigating utilization 
issues.
    (c) The Director shall provide notice to the Committees on 
Appropriations of the House of Representatives and the Senate in the 
plan required by subsection (a) of any planned facility acquisitions, 
cost data, utilization rates, increase of average daily population, and 
notice of any termination or reduction of a contract for detention 
space, whether such actions are funded by this Act or any other Act for 
this or prior fiscal years.
    (d) The Director shall notify the Committees on Appropriations of 
the House of Representatives and the Senate not less than 30 days prior 
to the planned date of a contract termination or implementation of a 
reduction in detention capacity.
    Sec. 208.  None of the funds provided in this title of this Act for 
``U.S. Immigration and Customs Enforcement--Operations Support'' may be 
used for community-based residential facilities.
    Sec. 209. (a) Prior to the Secretary of Homeland Security (in this 
section referred to as the ``Secretary'') requesting assistance from 
the Department of Defense for border security operations, the Secretary 
shall ensure that an alternatives analysis and cost-benefit analysis is 
conducted that includes data on the cost effectiveness of obtaining 
such assistance from the Department of Defense in lieu of other 
options.
    (b) The Secretary shall submit to the Committees on Appropriations 
of the House of Representatives and the Senate, a report detailing the 
types of support sought by the Secretary in any request for assistance 
from the Department of Defense for border security operations and the 
operational impact of such request on Department of Homeland Security 
operations within 30 days of the date of enactment of this Act and 
quarterly thereafter.
    (c) The Secretary shall include with the data requested in 
subsection (b) the results of the alternatives analysis and cost-
benefit analysis required under subsection (a).
    Sec. 210.  Eligibility for funding made available by this title of 
this Act for transfer from ``U.S. Customs and Border Protection--
Operations and Support'' to ``Federal Emergency Management Agency--
Federal Assistance'' for the Shelter and Services Program shall not be 
limited to entities that previously received or applied for funding for 
the Shelter and Services Program or the Emergency Food and Shelter-
Humanitarian program.
    Sec. 211.  Of the total amount provided under the heading ``U.S. 
Customs and Border Protection--Operations and Support'' in this title 
of this Act for transfer to ``Federal Emergency Management Agency--
Federal Assistance'' for the Shelter and Services Program--
            (1) not more than $500,000,000 shall be available for 
        transfer immediately upon enactment of this Act;
            (2) an additional $188,000,000 shall be available for 
        transfer upon submission of a written certification by the 
        Secretary of Homeland Security, to the Committees on 
        Appropriations of the House of Representatives and the Senate, 
        that U.S. Immigration and Customs Enforcement has--
                    (A) the ability to detain 46,500 individuals and 
                has increased the total number of Enforcement and 
                Removal Operations deportation officers by 200 above 
                the current on board levels as of the date of enactment 
                of this Act;
                    (B) increased the total number of U.S. Customs and 
                Border Protection officers by 200 above the current on 
                board levels as of the date of enactment of this Act; 
                and
                    (C) increased the total number of U.S. Citizenship 
                and Immigration Services asylum officers by 800 above 
                the current on board levels as of the date of enactment 
                of this Act; and
            (3) an additional $62,000,000 shall be available for 
        transfer upon submission of a written certification by the 
        Secretary of Homeland Security, to the Committees on 
        Appropriations of the House of Representatives and the Senate, 
        that U.S. Immigration and Customs Enforcement has--
                    (A) conducted a total of 1,500 removal flights 
                since the date of enactment of this Act; and
                    (B) ensured that at least 75 percent of Border 
                Patrol agents assigned to duty along the southwest land 
                border have been trained on the procedures included in 
                sections 235B and 244B of the Immigration and 
                Nationality Act.

                               TITLE III

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                Administration for Children and Families

                     refugee and entrant assistance

    For an additional amount for ``Refugee and Entrant Assistance'', 
$350,000,000, to remain available until expended, for carrying out 
section 235(c)(5)(B) of the William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(5)(B)):  
Provided, That for the purposes of carrying out such section the 
Secretary of Health and Human Services may use amounts made available 
under this heading in this Act to award grants to, or enter into 
contracts with, public, private, or nonprofit organizations, including 
States:  Provided further, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985.

                                TITLE IV

                 DEPARTMENT OF STATE AND RELATED AGENCY

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

                   international disaster assistance

    For an additional amount for ``International Disaster Assistance'', 
$850,000,000, to remain available until expended, to address 
humanitarian needs in the Western Hemisphere:  Provided, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                         economic support fund

    For an additional amount for ``Economic Support Fund'', 
$415,000,000, to remain available until September 30, 2026:  Provided, 
That of the total amount made available under this heading in this Act, 
$230,000,000 shall be made available to increase foreign country 
capacity to accept and integrate returned and removed individuals, 
which shall be administered in consultation with the Secretary of 
Homeland Security, including to address partner government requests 
that enable the achievement of such objectives, as appropriate:  
Provided further, That of the total amount made available under this 
heading in this Act, $185,000,000 shall be made available to reduce 
irregular migration within the Western Hemisphere:  Provided further, 
That prior to the obligation of funds made available pursuant to the 
preceding proviso that are made available to support the repatriation 
operations of a foreign government, the Secretary of State shall submit 
to the appropriate congressional committees a monitoring and oversight 
plan for the use of such funds, and such funds shall be subject to 
prior consultation with such committees and the regular notification 
procedures of the Committees on Appropriations:  Provided further, That 
the Secretary of State shall submit to such committees the text of any 
agreements or awards related to such operations, which may include 
documents submitted in classified form, as appropriate, including any 
agreement with a foreign government, nongovernment entity, or 
international organization, as applicable, not later than 5 days after 
the effective date of such document:  Provided further, That funds 
appropriated under this heading in this Act may be made available as 
contributions:  Provided further, That funds appropriated under this 
heading in this Act shall not be used to support the refoulement of 
migrants or refugees:  Provided further, That such amount is designated 
by the Congress as being for an emergency requirement pursuant to 
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

                   INTERNATIONAL SECURITY ASSISTANCE

                          Department of State

          international narcotics control and law enforcement

    For an additional amount for ``International Narcotics Control and 
Law Enforcement'', $25,000,000, to remain available until September 30, 
2025, to counter the flow of fentanyl, fentanyl precursors, and other 
synthetic drugs into the United States, following consultation with the 
Committees on Appropriations:  Provided, That such amount is designated 
by the Congress as being for an emergency requirement pursuant to 
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
Control Act of 1985..

                                TITLE V

                      GENERAL PROVISIONS--THIS ACT

    Sec. 501.  Each amount appropriated or made available by this Act 
is in addition to amounts otherwise appropriated for the fiscal year 
involved.
    Sec. 502.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 503.  Unless otherwise provided for by this Act, the 
additional amounts appropriated by this Act to appropriations accounts 
shall be available under the authorities and conditions applicable to 
such appropriations accounts for fiscal year 2024.
    Sec. 504.  Each amount designated in this Act by the Congress as 
being for an emergency requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985 shall 
be available (or repurposed or rescinded, if applicable) only if the 
President subsequently so designates all such amounts and transmits 
such designations to the Congress.
    Sec. 505.  Any amount appropriated by this Act, designated by the 
Congress as an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, and subsequently so designated by the President, and 
transferred pursuant to transfer authorities provided by this Act shall 
retain such designation.
     This division may be cited as the ``Border Security and Combatting 
Fentanyl Supplemental Appropriations Act, 2024''.

                         DIVISION B--BORDER ACT

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
                       TITLE I--CAPACITY BUILDING

        Subtitle A--Hiring, Training, and Systems Modernization

                     Chapter 1--Hiring Authorities

Sec. 101. USCIS direct hire authority.
Sec. 102. ICE direct hire authority.
Sec. 103. Reemployment of civilian retirees to meet exceptional 
                            employment needs.
Sec. 104. Establishment of special pay rate for asylum officers.
                       Chapter 2--Hiring Waivers

Sec. 111. Hiring flexibility.
Sec. 112. Supplemental Commissioner authority and definitions.
Chapter 3--Alternatives to Detention Improvements and Training for U.S. 
                             Border Patrol

Sec. 121. Alternatives to detention improvements.
Sec. 122. Training for U.S. Border Patrol.
                Chapter 4--Modernizing Notices to Appear

Sec. 131. Electronic notices to appear.
Sec. 132. Authority to prepare and issue notices to appear.
              Subtitle B--Asylum Processing at the Border

Sec. 141. Provisional noncustodial removal proceedings.
Sec. 142. Protection merits removal proceedings.
Sec. 143. Voluntary departure after noncustodial processing; withdrawal 
                            of application for admission.
Sec. 144. Voluntary repatriation.
Sec. 145. Immigration Examinations Fee Account.
Sec. 146. Border reforms.
Sec. 147. Protection Appellate Board.
                TITLE II--ASYLUM PROCESSING ENHANCEMENTS

Sec. 201. Combined screenings.
Sec. 202. Credible fear standard and asylum bars at screening 
                            interview.
Sec. 203. Internal relocation.
Sec. 204. Asylum officer clarification.
                      TITLE III--SECURING AMERICA

                 Subtitle A--Border Emergency Authority

Sec. 301. Border emergency authority.
            Subtitle B--Fulfilling Promises to Afghan Allies

Sec. 311. Definitions.
Sec. 312. Support for Afghan allies outside the United States.
Sec. 313. Conditional permanent resident status for eligible 
                            individuals.
Sec. 314. Refugee processes for certain at-risk Afghan allies.
Sec. 315. Improving efficiency and oversight of refugee and special 
                            immigrant processing.
Sec. 316. Support for certain vulnerable Afghans relating to employment 
                            by or on behalf of the United States.
Sec. 317. Support for allies seeking resettlement in the United States.
Sec. 318. Reporting.
                 TITLE IV--PROMOTING LEGAL IMMIGRATION

Sec. 401. Employment authorization for fiances, fiancees, spouses, and 
                            children of United States citizens and 
                            specialty workers.
Sec. 402. Additional visas.
Sec. 403. Children of long-term visa holders.
Sec. 404. Military naturalization modernization.
Sec. 405. Temporary family visits.
               TITLE V--SELF-SUFFICIENCY AND DUE PROCESS

                    Subtitle A--Work Authorizations

Sec. 501. Work authorization.
Sec. 502. Employment eligibility.
                   Subtitle B--Protecting Due Process

Sec. 511. Access to counsel.
Sec. 512. Counsel for certain unaccompanied alien children.
Sec. 513. Counsel for certain incompetent individuals.
Sec. 514. Conforming amendment.
                  TITLE VI--ACCOUNTABILITY AND METRICS

Sec. 601. Employment authorization compliance.
Sec. 602. Legal access in custodial settings.
Sec. 603. Credible fear and protection determinations.
Sec. 604. Publication of operational statistics by U.S. Customs and 
                            Border Protection.
Sec. 605. Utilization of parole authorities.
Sec. 606. Accountability in provisional removal proceedings.
Sec. 607. Accountability in voluntary repatriation, withdrawal, and 
                            departure.
Sec. 608. GAO analysis of immigration judge and asylum officer 
                            decision-making regarding asylum, 
                            withholding of removal, and protection 
                            under the Convention Against Torture.
Sec. 609. Report on counsel for unaccompanied alien children.
Sec. 610. Recalcitrant countries.
                        TITLE VII--OTHER MATTERS

Sec. 701. Severability.
                     TITLE VIII--BUDGETARY EFFECTS

Sec. 801. Budgetary effects.

SEC. 2. DEFINITIONS.

    In this division:
            (1) Appropriate committees of congress.--Except as 
        otherwise explicitly provided, the term ``appropriate 
        committees of Congress'' means--
                    (A) the Committee on Appropriations of the Senate;
                    (B) the Committee on the Judiciary of the Senate;
                    (C) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (D) the Committee on Appropriations of the House of 
                Representatives;
                    (E) the Committee on the Judiciary of the House of 
                Representatives; and
                    (F) the Committee on Homeland Security of the House 
                of Representatives.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.

                       TITLE I--CAPACITY BUILDING

        Subtitle A--Hiring, Training, and Systems Modernization

                     CHAPTER 1--HIRING AUTHORITIES

SEC. 101. USCIS DIRECT HIRE AUTHORITY.

    (a) In General.--The Secretary may appoint, without regard to the 
provisions of sections 3309 through 3319 of title 5, United States 
Code, candidates needed for positions within the Refugee, Asylum and 
International Operations Directorate, the Field Operations Directorate, 
and the Service Center Operations Directorate of U.S. Citizenship and 
Immigration Services for which--
            (1) public notice has been given;
            (2) the Secretary has determined that a critical hiring 
        need exists; and
            (3) the Secretary has consulted with the Director of the 
        Office of Personnel Management regarding--
                    (A) the positions for which the Secretary plans to 
                recruit;
                    (B) the quantity of candidates Secretary is 
                seeking; and
                    (C) the assessment and selection policies the 
                Secretary plans to utilize.
    (b) Definition of Critical Hiring Need.--In this section, the term 
``critical hiring need'' means personnel necessary for the 
implementation of this division and associated work.
    (c) Reporting.--Not later than 1 year after the date of enactment 
of this Act, and annually thereafter for the following 4 years, the 
Secretary, in consultation with the Director of the Office of Personnel 
Management, shall submit to Congress a report that includes--
            (1) demographic data, including veteran status, regarding 
        individuals hired pursuant to the authority under subsection 
        (a);
            (2) salary information of individuals hired pursuant to 
        such authority; and
            (3) how the Department of Homeland Security exercised such 
        authority consistently with merit system principles.
    (d) Sunset.--The authority to make an appointment under this 
section shall terminate on the date that is 5 years after the date of 
the enactment of this Act.

SEC. 102. ICE DIRECT HIRE AUTHORITY.

    (a) In General.--The Secretary may appoint, without regard to the 
provisions of sections 3309 through 3319 of title 5, United States 
Code, candidates needed for positions within Enforcement and Removal 
Operations of U.S. Immigration and Customs Enforcement as a deportation 
officer or with duties exclusively relating to the Enforcement and 
Removal, Custody Operations, Alternatives to Detention, or 
Transportation and Removal program for which--
            (1) public notice has been given;
            (2) the Secretary has determined that a critical hiring 
        need exists; and
            (3) the Secretary has consulted with the Director of the 
        Office of Personnel Management regarding--
                    (A) the positions for which the Secretary plans to 
                recruit;
                    (B) the quantity of candidates the Secretary is 
                seeking; and
                    (C) the assessment and selection policies the 
                Secretary plans to utilize.
    (b) Definition of Critical Hiring Need.--In this section, the term 
``critical hiring need'' means personnel necessary for the 
implementation of this division and associated work.
    (c) Reporting.--Not later than 1 year after the date of the 
enactment of this Act, and annually thereafter for the following 4 
years, the Secretary, in consultation with the Director of the Office 
of Personnel Management, shall submit to Congress a report that 
includes--
            (1) demographic data, including veteran status, regarding 
        individuals hired pursuant to the authority under subsection 
        (a);
            (2) salary information of individuals hired pursuant to 
        such authority; and
            (3) how the Department of Homeland Security exercised such 
        authority consistently with merit system principles.
    (d) Sunset.--The authority to make an appointment under this 
section shall terminate on the date that is 5 years after the date of 
the enactment of this Act.

SEC. 103. REEMPLOYMENT OF CIVILIAN RETIREES TO MEET EXCEPTIONAL 
              EMPLOYMENT NEEDS.

    (a) Authority.--The Secretary, after consultation with the Director 
of the Office of Personnel Management, may waive, with respect to any 
position in U.S. Immigration and Customs Enforcement, U.S. Customs and 
Border Protection, or U.S. Citizenship and Immigration Services, the 
application of section 8344 or 8468 of title 5, United States Code, on 
a case-by-case basis, for employment of an annuitant in a position 
necessary to implement this division and associated work, for which 
there is exceptional difficulty in recruiting or retaining a qualified 
employee, or when a temporary emergency hiring need exists.
    (b) Procedures.--The Secretary, after consultation with the 
Director of the Office of Personnel Management, shall prescribe 
procedures for the exercise of the authority under subsection (a), 
including procedures for a delegation of authority.
    (c) Annuitants Not Treated as Employees for Purposes of Retirement 
Benefits.--An employee for whom a waiver under this section is in 
effect shall not be considered an employee for purposes of subchapter 
III of chapter 83 or chapter 84 of title 5, United States Code.

SEC. 104. ESTABLISHMENT OF SPECIAL PAY RATE FOR ASYLUM OFFICERS.

    (a) In General.--Subchapter III of chapter 53 of title 5, United 
States Code, is amended by inserting after section 5332 the following:
``Sec. 5332a. Special base rates of pay for asylum officers
    ``(a) Definitions.--In this section--
            ``(1) the term `asylum officer' has the meaning given such 
        term in section 235(b)(1) of the Immigration and Nationality 
        Act (8 U.S.C. 1225(b)(1));
            ``(2) the term `General Schedule base rate' means an annual 
        rate of basic pay established under section 5332 before any 
        additions, such as a locality-based comparability payment under 
        section 5304 or 5304a or a special rate supplement under 
        section 5305; and
            ``(3) the term `special base rate' means an annual rate of 
        basic pay payable to an asylum officer, before any additions or 
        reductions, that replaces the General Schedule base rate 
        otherwise applicable to the asylum officer and that is 
        administered in the same manner as a General Schedule base 
        rate.
    ``(b) Special Base Rates of Pay.--
            ``(1) Entitlement to special rate.--Notwithstanding section 
        5332, an asylum officer is entitled to a special base rate at 
        grades 1 through 15, which shall--
                    ``(A) replace the otherwise applicable General 
                Schedule base rate for the asylum officer;
                    ``(B) be basic pay for all purposes, including the 
                purpose of computing a locality-based comparability 
                payment under section 5304 or 5304a; and
                    ``(C) be computed as described in paragraph (2) and 
                adjusted at the time of adjustments in the General 
                Schedule.
            ``(2) Computation.--The special base rate for an asylum 
        officer shall be derived by increasing the otherwise applicable 
        General Schedule base rate for the asylum officer by 15 percent 
        for the grade of the asylum officer and rounding the result to 
        the nearest whole dollar.''.
    (b) Clerical Amendment.--The table of sections for subchapter III 
of chapter 53 of title 5, United States Code, is amended by inserting 
after the item relating to section 5332 the following:

``5332a. Special base rates of pay for asylum officers.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the first day of the first applicable pay period beginning 30 
days after the date of the enactment of this Act.

                       CHAPTER 2--HIRING WAIVERS

SEC. 111. HIRING FLEXIBILITY.

    (a) In General.--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) in the 
following circumstances:
            ``(1) In the case of a current, full-time law enforcement 
        officer employed by a State or local law enforcement agency, if 
        such officer--
                    ``(A) has served as a law enforcement officer for 
                not fewer than three years with no break in service;
                    ``(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, does 
                not have disciplinary, misconduct, or derogatory 
                records, has not been found to have engaged in a 
                criminal offense or 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) In the case of a current, full-time Federal law 
        enforcement officer, if such officer--
                    ``(A) has served as a law enforcement officer for 
                not fewer than three years with no break in service;
                    ``(B) has authority to make arrests, conduct 
                investigations, conduct searches, make seizures, carry 
                firearms, and serve orders, warrants, and other 
                processes;
                    ``(C) is not currently under investigation, does 
                not have disciplinary, misconduct, or derogatory 
                records, has not been found to have engaged in a 
                criminal offense or 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 background investigation, in 
                accordance with current standards required for access 
                to Top Secret or Top Secret/Sensitive Compartmented 
                Information.
            ``(3) In the case of an individual who is 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, Top Secret or Top Secret/Sensitive Compartmented 
                Information clearance;
                    ``(C) holds, or has undergone within the past five 
                years, a current background investigation in accordance 
                with current standards required for access to Top 
                Secret or Top Secret/Sensitive Compartmented 
                Information;
                    ``(D) received, or is eligible to receive, an 
                honorable discharge from service in the Armed Forces, 
                has not engaged in a criminal offense, has not 
                committed a military offense under the Uniform Code of 
                Military Justice, and does not have disciplinary, 
                misconduct, or derogatory records; 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 September 30, 2027.''.
    (b) Reinstatement.--Upon termination of the waiver authority under 
subsection (b) of section 3 of the Anti-Border Corruption Act of 2010 
(6 U.S.C. 221), as amended by subsection (a), the text of section 3(b) 
of the Anti-Border Corruption Act of 2010 (6 U.S.C. 221(b)) shall be 
reinstated as it appeared on the day before the date of the enactment 
of this Act.

SEC. 112. SUPPLEMENTAL COMMISSIONER AUTHORITY AND DEFINITIONS.

    (a) Supplemental Commissioner Authority.--Section 4 of the Anti-
Border Corruption Act of 2010 (Public Law 111-376) is amended to read 
as follows:

``SEC. 4. SUPPLEMENTAL COMMISSIONER AUTHORITY.

    ``(a) Non-exemption.--An individual who receives a waiver under 
subsection (b) of section 3 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 subsection (b) of section 3 who holds a background 
investigation in accordance with current standards required for access 
to Top Secret or Top Secret/Sensitive Compartmented Information shall 
be subject to an appropriate 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 subsection (b) of section 3 if information 
is discovered prior to 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.''.
    (b) Report.--The Anti-Border Corruption Act of 2010 (Public Law 
111-376; 124 Stat. 4104) is amended by adding at the end the following 
new section:

``SEC. 5. REPORTING REQUIREMENTS.

    ``(a) Annual Report.--Not later than one year after the date of the 
enactment of this section, and annually thereafter for three years, the 
Commissioner of U.S. Customs and Border Protection shall submit a 
report to Congress that includes, with respect to the reporting 
period--
            ``(1) the number of waivers 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;
            ``(6) additional authorities needed by U.S. Customs and 
        Border Protection to better utilize the polygraph waiver 
        program for its intended goals; and
            ``(7) any disciplinary actions taken against law 
        enforcement officers hired under the waiver authority 
        authorized under section 3(b).
    ``(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).''.
    (c) GAO Report.--The Anti-Border Corruption Act of 2010 (Public Law 
111-376; 124 Stat. 4104), as amended by subsection (b) of this section, 
is further amended by adding at the end the following new section:

``SEC. 6. GAO REPORT.

    ``(a) In General.--Not later than five years after the date of the 
enactment of this section, and every five years thereafter, the 
Comptroller General of the United States shall--
            ``(1) conduct a review of the disciplinary, misconduct, or 
        derogatory records of all individuals hired using the waiver 
        authority under subsection (b) of section 3--
                    ``(A) to determine the rates of disciplinary 
                actions taken against individuals hired using such 
                waiver authority, as compared to individuals hired 
                after passing the polygraph as required under 
                subsection (a) of that section; and
                    ``(B) to address any other issue relating to 
                discipline by U.S. Customs and Border Protection; and
            ``(2) submit to the Committee on Homeland Security and 
        Governmental Affairs of the Senate and the Committee on 
        Homeland Security of the House of Representatives a report that 
        appropriately protects sensitive information and describes the 
        results of the review conducted under paragraph (1).
    ``(b) Sunset.--The requirement under this section shall terminate 
on the date on which the third report required by subsection (a) is 
submitted.''.
    (d) Definitions.--The Anti-Border Corruption Act of 2010 (Public 
Law 111-376; 124 Stat. 4104), as amended by subsection (c) of this 
section, is further amended by adding at the end the following new 
section:

``SEC. 7. DEFINITIONS.

    ``In this Act:
            ``(1) Criminal offense.--The term `criminal offense' 
        means--
                    ``(A) any felony punishable by a term of 
                imprisonment of more than one year; and
                    ``(B) any other crime for which an essential 
                element involves fraud, deceit, or misrepresentation to 
                obtain an advantage or to disadvantage another.
            ``(2) Federal law enforcement officer.--The term `Federal 
        law enforcement officer' means a `law enforcement officer', as 
        defined in section 8331(20) or 8401(17) of title 5, United 
        States Code.
            ``(3) Military offense.--The term `military offense' 
        means--
                    ``(A) an offense for which--
                            ``(i) a member of the Armed Forces may be 
                        discharged or separated from service in the 
                        Armed Forces; or
                            ``(ii) a punitive discharge is, or would 
                        be, authorized for the same or a closely 
                        related offense under the Manual for Courts-
                        Martial, as pursuant to Army Regulation 635-200 
                        chapter 14-12; and
                    ``(B) an action for which a member of the Armed 
                Forces received a demotion in military rank as 
                punishment for a crime or wrongdoing, imposed by a 
                court martial or other authority.
            ``(4) Veteran.--The term `veteran' has the meaning given 
        such term in section 101(2) of title 38, United States Code.''.

CHAPTER 3--ALTERNATIVES TO DETENTION IMPROVEMENTS AND TRAINING FOR U.S. 
                             BORDER PATROL

SEC. 121. ALTERNATIVES TO DETENTION IMPROVEMENTS.

    (a) Certification.--Not later than 90 days after the date of the 
enactment of this Act, the Director of U.S. Immigration and Customs 
Enforcement shall certify to the appropriate committees of Congress 
that--
            (1) with respect to the alternatives to detention programs, 
        U.S. Immigration and Customs Enforcement's processes that 
        condition the release of aliens under any type of supervision, 
        consistent and standard policies are in place across all U.S. 
        Immigration and Customs Enforcement field offices;
            (2) the U.S. Immigration and Customs Enforcement's 
        alternatives to detention programs use escalation and de-
        escalation techniques; and
            (3) reports on the use of, and policies with respect to, 
        such escalation and de-escalation techniques are provided to 
        the public appropriately protecting sensitive information.
    (b) Annual Policy Review.--
            (1) In general.--Not less frequently than annually, the 
        Director shall conduct a review of U.S. Immigration and Customs 
        Enforcement policies with respect to the alternatives to 
        detention programs so as to ensure standardization and 
        evidence-based decision making.
            (2) Submission of policy reviews.--Not later than 14 days 
        after the completion of each review required by paragraph (1), 
        the Director shall submit to the appropriate committees of 
        Congress a report on the results of the review.
    (c) Independent Verification and Validation.--Not less frequently 
than every 5 years, the Director shall ensure that an independent 
verification and validation of U.S. Immigration and Customs Enforcement 
policies with respect to the alternatives to detention programs is 
conducted.

SEC. 122. TRAINING FOR U.S. BORDER PATROL.

    (a) In General.--The Commissioner of U.S. Customs and Border 
Protection shall require all U.S. Border Patrol agents and other 
employees or contracted employees designated by the Commissioner to 
participate in annual continuing training to maintain and update their 
understanding of--
            (1) Department of Homeland Security policies, procedures, 
        and guidelines;
            (2) the fundamentals of law (including the Fourth Amendment 
        to the Constitution of the United States), ethics, and 
        professional conduct;
            (3) applicable Federal law and regulations;
            (4) applicable migration trends that the Commissioner 
        determines are relevant;
            (5) best practices for coordinating with community 
        stakeholders;
            (6) de-escalation training; and
            (7) any other information the Commissioner determines to be 
        relevant to active duty agents.
    (b) Training Subjects.--Continuing training under this section 
shall include training regarding--
            (1) the non-lethal use of force policies available to U.S. 
        Border Patrol agents and de-escalation strategies and methods;
            (2) identifying, screening, and responding to vulnerable 
        populations, such as children, persons with diminished mental 
        capacity, victims of human trafficking, pregnant mothers, 
        victims of gender-based violence, victims of torture or abuse, 
        and the acutely ill;
            (3) trends in transnational criminal organization 
        activities that impact border security and migration;
            (4) policies, strategies, and programs--
                    (A) to protect due process, the civil, human, and 
                privacy rights of individuals, and the private property 
                rights of land owners;
                    (B) to reduce the number of migrant and agent 
                deaths; and
                    (C) to improve the safety of agents on patrol;
            (5) personal resilience;
            (6) anti-corruption and officer ethics training;
            (7) current migration trends, including updated cultural 
        and societal issues of countries that are a significant source 
        of migrants who are--
                    (A) arriving to seek humanitarian protection; or
                    (B) encountered at a United States international 
                boundary while attempting to enter without inspection;
            (8) the impact of border security operations on natural 
        resources and the environment, including strategies to limit 
        the impact of border security operations on natural resources 
        and the environment;
            (9) relevant cultural, societal, racial, and religious 
        training, including cross-cultural communication skills;
            (10) training required under the Prison Rape Elimination 
        Act of 2003 (42 U.S.C. 15601 et seq.);
            (11) risk management and safety training that includes 
        agency protocols for ensuring public safety, personal safety, 
        and the safety of persons in the custody of the Department of 
        Homeland Security; and
            (12) any other training that meets the requirements to 
        maintain and update the subjects identified in subsection (a).
    (c) Course Requirements.--Courses offered under this section--
            (1) shall be administered by U.S. Customs and Border 
        Protection; and
            (2) shall be approved in advance by the Commissioner of 
        U.S. Customs and Border Protection to ensure that such courses 
        satisfy the requirements for training under this section.
    (d) Assessment.--Not later than 2 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 Governmental 
Affairs of the Senate and the Committee on Homeland Security of the 
House of Representatives a report that assesses the training and 
education provided pursuant to this section, including continuing 
education.

                CHAPTER 4--MODERNIZING NOTICES TO APPEAR

SEC. 131. ELECTRONIC NOTICES TO APPEAR.

    Section 239 of the Immigration and Nationality Act (8 U.S.C. 1229) 
is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), in the matter preceding 
                subparagraph (A), by inserting ``or, if elected by the 
                alien in writing, by email or other electronic means to 
                the extent feasible, if the alien, or the alien's 
                counsel of record, voluntarily elects such service or 
                otherwise accepts service electronically'' after 
                ``mail''; and
                    (B) in paragraph (2)(A), in the matter preceding 
                clause (i), by inserting ``or, if elected by the alien 
                in writing, by email or other electronic means to the 
                extent feasible, if the alien, or the alien's counsel 
                of record, voluntarily elects such service or otherwise 
                accepts service electronically'' after ``mail''; and
            (2) in subsection (c)--
                    (A) by inserting ``the alien, or to the alien's 
                counsel of record, at'' after ``delivery to''; and
                    (B) by inserting ``, or to the email address or 
                other electronic address at which the alien elected to 
                receive notice under paragraph (1) or (2) of subsection 
                (a)'' before the period at the end.

SEC. 132. AUTHORITY TO PREPARE AND ISSUE NOTICES TO APPEAR.

    Section 239(a) of the Immigration and Nationality Act (8 U.S.C. 
1229(a)) is amended by adding at the end the following:
            ``(4) Authority for certain personnel to serve notices to 
        appear.--Any mission support personnel within U.S. Customs and 
        Border Protection or U.S. Immigration and Customs Enforcement 
        who are subject to the oversight of an immigration officer with 
        authority to issue a notice to appear, and who has received the 
        necessary training to issue such a notice, shall be authorized 
        to prepare a notice to appear under this section for review and 
        issuance by the immigration officer.''.

              Subtitle B--Asylum Processing at the Border

SEC. 141. PROVISIONAL NONCUSTODIAL REMOVAL PROCEEDINGS.

    (a) In General.--Chapter 4 of title II of the Immigration and 
Nationality Act (8 U.S.C. 1221 et seq.) is amended by inserting after 
section 235A the following:

``SEC. 235B. PROVISIONAL NONCUSTODIAL REMOVAL PROCEEDINGS.

    ``(a) General Rules.--
            ``(1) Circumstances warranting noncustodial proceedings.--
        The Secretary, based upon operational circumstances, may refer 
        an alien applicant for admission for proceedings described in 
        this section if the alien--
                    ``(A) indicates an intention to apply for a 
                protection determination; or
                    ``(B) expresses a credible fear of persecution (as 
                defined in section 235(b)(1)(B)(v)) or torture.
            ``(2) Release from custody.--Aliens referred for 
        proceedings under this section shall be released from physical 
        custody and processed in accordance with the procedures 
        described in this section.
            ``(3) Alternatives to detention.--An adult alien, including 
        a head of household, who has been referred for a proceeding 
        under this section shall be supervised under the Alternatives 
        to Detention program of U.S. Immigration and Customs 
        Enforcement immediately upon release from physical custody and 
        continuing for the duration of such proceeding.
            ``(4) Family unity.--The Secretary shall ensure, to the 
        greatest extent practicable, that the referral of a family unit 
        for proceedings under this section includes all members of such 
        family unit who are traveling together.
            ``(5) Exceptions.--
                    ``(A) Unaccompanied alien children.--The provisions 
                under this section may not be applied to unaccompanied 
                alien children (as defined in section 462(g) of the 
                Homeland Security Act of 2002 (6 U.S.C. 279(g))).
                    ``(B) Applicability limitation.--
                            ``(i) In general.--The Secretary shall only 
                        refer for proceedings under this section an 
                        alien described in clause (ii).
                            ``(ii) Alien described.-- An alien 
                        described in this clause is an alien who--
                                    ``(I) has not affirmatively shown, 
                                to the satisfaction of an immigration 
                                officer, that the alien has been 
                                physically present in the United States 
                                for more than the 14-day period 
                                immediately prior to the date on which 
                                the alien was encountered by U.S. 
                                Customs and Border Protection; and
                                    ``(II) was encountered within 100 
                                air miles of the international land 
                                borders of the United States.
            ``(6) Timing.--The provisional noncustodial removal 
        proceedings described in this section shall conclude, to the 
        maximum extent practicable, not later than 90 days after the 
        date the alien is inspected and determined inadmissible.
    ``(b) Procedures for Provisional Noncustodial Removal 
Proceedings.--
            ``(1) Commencement.--
                    ``(A) In general.--Provisional noncustodial removal 
                proceedings shall commence under this section with 
                respect to an alien immediately after the Secretary 
                properly serves a notice of removal proceedings on the 
                alien.
                    ``(B) 90-day timeframe.--The 90-day period under 
                subsection (a)(6) with respect to an alien shall 
                commence upon an inspection and inadmissibility 
                determination of the alien.
            ``(2) Service and notice of interview requirements.--In 
        provisional noncustodial removal proceedings conducted under 
        this section, the Secretary shall--
                    ``(A) serve notice to the alien or, if personal 
                service is not practicable, to the alien's counsel of 
                record;
                    ``(B) ensure that such notice, to the maximum 
                extent practicable, is in the alien's native language 
                or in a language the alien understands; and
                    ``(C) include in such notice--
                            ``(i) the nature of the proceedings against 
                        the alien;
                            ``(ii) the legal authority under which such 
                        proceedings will be conducted; and
                            ``(iii) the charges against the alien and 
                        the statutory provisions the alien is alleged 
                        to have violated;
                    ``(D) inform the alien of his or her obligation--
                            ``(i) to immediately provide (or have 
                        provided) to the Secretary, in writing, the 
                        mailing address, contact information, email 
                        address or other electronic address, and 
                        telephone number (if any), at which the alien 
                        may be contacted respecting the proceeding 
                        under this section; and
                            ``(ii) to provide to the Secretary, in 
                        writing, any change of the alien's mailing 
                        address or telephone number shortly after any 
                        such change;
                    ``(E) include in such notice--
                            ``(i) the time and place at which the 
                        proceeding under this section will be held, 
                        which shall be communicated, to the extent 
                        practicable, before or during the alien's 
                        release from physical custody; or
                            ``(ii) immediately after release, the time 
                        and place of such proceeding, which shall be 
                        provided not later than 10 days before the 
                        scheduled protection determination interview 
                        and shall be considered proper service of the 
                        commencement of proceedings; and
                    ``(F) inform the alien of--
                            ``(i) the consequences to which the alien 
                        would be subject pursuant to section 240(b)(5) 
                        if the alien fails to appear at such 
                        proceeding, absent exceptional circumstances;
                            ``(ii) the alien's right to be represented, 
                        at no expense to the Federal Government, by any 
                        counsel or accredited representative selected 
                        by the alien who is authorized to represent an 
                        alien in such a proceeding; and
                    ``(G) the information described in section 
                235(b)(1)(B)(iv)(II).
            ``(3) Protection determination.--
                    ``(A) In general.--To the maximum extent 
                practicable, within 90 days after the date on which an 
                alien is referred for proceedings under this section, 
                an asylum officer shall conduct a protection 
                determination of such alien in person or through a 
                technology appropriate for protection determinations.
                    ``(B) Access to counsel.--In any proceeding under 
                this section or section 240D before U.S. Citizenship 
                and Immigration Services and in any appeal of the 
                result of such a proceeding, an alien shall have the 
                privilege of being represented, at no expense to the 
                Federal Government, by counsel authorized to represent 
                an alien in such a proceeding.
                    ``(C) Procedures and evidence.--The asylum officer 
                may receive into evidence any oral or written statement 
                that is material and relevant to any matter in the 
                protection determination. The testimony of the alien 
                shall be under oath or affirmation administered by the 
                asylum officer.
                    ``(D) Interpreters.--Whenever necessary, the asylum 
                officer shall procure the assistance of an interpreter, 
                to the maximum extent practicable, in the alien's 
                native language or in a language the alien understands, 
                during any protection determination.
                    ``(E) Location.--
                            ``(i) In general.--Any protection 
                        determination authorized under this section 
                        shall occur in--
                                    ``(I) a U.S. Citizenship and 
                                Immigration Services office;
                                    ``(II) a facility managed, leased, 
                                or operated by U.S. Citizenship and 
                                Immigration Services;
                                    ``(III) any other location 
                                designated by the Director of U.S. 
                                Citizenship and Immigration Services; 
                                or
                                    ``(IV) any other federally owned or 
                                federally leased building that--
                                            ``(aa) the Director has 
                                        authorized or entered into a 
                                        memorandum of agreement to be 
                                        used for such purpose; and
                                            ``(bb) meets the special 
                                        rules under clause (ii) and the 
                                        minimum requirements under 
                                        clause (iii).
                            ``(ii) Special rules.--
                                    ``(I) Location.--A protection 
                                determination may not be conducted in a 
                                facility that is managed, leased, 
                                owned, or operated by U.S. Immigration 
                                and Customs Enforcement or U.S. Customs 
                                and Border Protection.
                                    ``(II) Reasonable time.--The 
                                Secretary shall ensure that a 
                                protection determination is conducted 
                                during a reasonable time of the day.
                                    ``(III) Geographical limitation.--
                                The Secretary shall ensure that each 
                                protection determination for an alien 
                                is scheduled at a facility that is a 
                                reasonable distance from the current 
                                residence of such alien.
                                    ``(IV) Protection for children.--In 
                                the case of a family unit, the 
                                Secretary shall ensure that the best 
                                interests of the child or children are 
                                considered when conducting a protection 
                                determination of the child's family 
                                unit.
                            ``(iii) Minimum location requirement.--Each 
                        facility that the Director authorizes to be 
                        used to conduct protection determinations 
                        shall--
                                    ``(I) have adequate security 
                                measures to protect Federal employees, 
                                aliens, and beneficiaries for benefits; 
                                and
                                    ``(II) ensure the best interests of 
                                the child or children are prioritized 
                                pursuant to clause (ii)(IV) if such 
                                children are present at the protection 
                                determination.
                    ``(F) Written record.--The asylum officer shall 
                prepare a written record of each protection 
                determination, which--
                            ``(i) shall be provided to the alien, or to 
                        the alien's counsel of record, upon a decision; 
                        and
                            ``(ii) shall include--
                                    ``(I) a summary of the material 
                                facts stated by the alien;
                                    ``(II) any additional facts relied 
                                upon by the asylum officer;
                                    ``(III) the asylum officer's 
                                analysis of why, in the light of the 
                                facts referred to in subclauses (I) and 
                                (II), the alien has or has not 
                                established a positive or negative 
                                outcome from the protection 
                                determination; and
                                    ``(IV) a copy of the asylum 
                                officer's interview notes.
                    ``(G) Rescheduling.--
                            ``(i) In general.--The Secretary shall 
                        promulgate regulations that permit an alien to 
                        reschedule a protection determination in the 
                        event of exceptional circumstances.
                            ``(ii) Tolling of time limitation.--If an 
                        interview is rescheduled at the request of an 
                        alien, the period between the date on which the 
                        protection determination was originally 
                        scheduled and the date of the rescheduled 
                        interview shall not count toward the 90-day 
                        period referred to in subsection (a)(6).
                    ``(H) Withdrawal of application, voluntary 
                departure, and voluntary repatriation.--
                            ``(i) Voluntary departure.--The Secretary 
                        may permit an alien to voluntarily depart in 
                        accordance with section 240E.
                            ``(ii) Withdrawal of application.--The 
                        Secretary may permit an alien, at any time 
                        before the protection merits interview, to 
                        withdraw his or her application and depart 
                        immediately from the United States in 
                        accordance with section 240F.
                            ``(iii) Voluntary repatriation.--The 
                        Secretary may permit an alien to voluntarily 
                        repatriate in accordance with section 240G.
                    ``(I) Conversion to removal proceedings under 
                section 240.--The asylum officer or immigration officer 
                may refer or place an alien into removal proceedings 
                under section 240 by issuing a notice to appear for the 
                purpose of initiating such proceedings if either such 
                officer determines that--
                            ``(i) such proceedings are required in 
                        order to permit the alien to seek an 
                        immigration benefit for which the alien is 
                        legally entitled to apply; and
                            ``(ii) such application requires such alien 
                        to be placed in, or referred to proceedings 
                        under section 240 that are not available to 
                        such alien under this section.
                    ``(J) Protection of information.--
                            ``(i) Sensitive or law enforcement 
                        information.--Nothing in this section may be 
                        construed to compel any employee of the 
                        Department of Homeland Security to disclose any 
                        information that is otherwise protected from 
                        disclosure by law.
                            ``(ii) Protection of certain information.--
                        Before providing the record described in 
                        subparagraph (F) to the alien or to the alien's 
                        counsel of record, the Director shall protect 
                        any information that is prohibited by law from 
                        being disclosed.
    ``(c) Protection Determination.--
            ``(1) Identity verification.--The Secretary may not conduct 
        the protection determination with respect to an alien until the 
        identity of the alien has been checked against all appropriate 
        records and databases maintained by the Attorney General, the 
        Secretary of State, or the Secretary.
            ``(2) In general.--
                    ``(A) Eligibility.--Upon the establishing the 
                identity of an alien pursuant to paragraph (1), the 
                asylum officer shall conduct a protection determination 
                in a location selected in accordance with this section.
                    ``(B) Outcome.--
                            ``(i) Positive protection determination 
                        outcome.--If the protection determination 
                        conducted pursuant to subparagraph (A) results 
                        in a positive protection determination outcome, 
                        the alien shall be referred to protection 
                        merits removal proceedings in accordance with 
                        the procedures described in paragraph (4).
                            ``(ii) Negative protection determination 
                        outcome.--If such protection determination 
                        results in a negative protection determination 
                        outcome, the alien shall be subject to the 
                        process described in subsection (d).
            ``(3) Record.--
                    ``(A) Use of record.--In each protection 
                determination, or any review of such determination, the 
                record of the alien's protection determination required 
                under subsection (b)(3)(F) shall constitute the 
                underlying application for the alien's application for 
                asylum, withholding of removal under section 241(b)(3), 
                or protection under the Convention Against Torture for 
                purposes of the protection merits interview.
                    ``(B) Date of filing.--The date on which the 
                Secretary issues a notification of a positive 
                protection determination pursuant to paragraph 
                (2)(B)(i) shall be considered, for all purposes, the 
                date of filing and the date of receipt of the alien's 
                application for asylum, withholding of removal under 
                section 241(b)(3), or protection under the Convention 
                Against Torture, as applicable.
            ``(4) Referral for protection merits removal proceedings.--
                    ``(A) In general.--If the alien receives a positive 
                protection determination--
                            ``(i) the alien shall be issued employment 
                        authorization pursuant to section 235C; and
                            ``(ii) subject to paragraph (5), the asylum 
                        officer shall refer the alien for protection 
                        merits removal proceedings described in section 
                        240D.
                    ``(B) Notifications.--As soon as practicable after 
                a positive protection determination, the Secretary 
                shall--
                            ``(i) issue a written notification to the 
                        alien of the outcome of such determination;
                            ``(ii) include all of the information 
                        described in subsection (b)(2); and
                            ``(iii) ensure that such notification and 
                        information concerning the procedures under 
                        section 240D, shall be made, at a minimum, not 
                        later than 30 days before the date on which the 
                        required protection merits interview under 
                        section 240D occurs.
            ``(5) Authority to grant relief or protection.--
                    ``(A) In general.--If an alien demonstrates, by 
                clear and convincing evidence, that the alien is 
                eligible for asylum, withholding of removal under 
                section 241(b)(3), or protection under the Convention 
                Against Torture during the protection determination, 
                the asylum officer, subject to the procedures under 
                subparagraph (B), may grant an application for such 
                relief or protection submitted by such alien without 
                referring the alien to protection merits removal 
                proceedings under section 240D.
                    ``(B) Supervisory review.--
                            ``(i) In general.--An application granted 
                        by an asylum officer under subparagraph (A) 
                        shall be reviewed by a supervisory asylum 
                        officer to determine whether such grant is 
                        warranted.
                            ``(ii) Limitation.--A decision by an asylum 
                        officer to grant an application under 
                        subparagraph (A) shall not be final, and the 
                        alien shall not be notified of such decision, 
                        unless a supervisory asylum officer first 
                        determines, based on the review conducted 
                        pursuant to clause (i), that such a grant is 
                        warranted.
                            ``(iii) Effect of approval.--If the 
                        supervisor determines that granting an alien's 
                        application for relief or protection is 
                        warranted--
                                    ``(I) such application shall be 
                                approved; and
                                    ``(II) the alien shall receive 
                                written notification of such decision 
                                as soon as practicable.
                            ``(iv) Effect of non-approval.--If the 
                        supervisor determines that the grant is not 
                        warranted, the alien shall be referred for 
                        protection merits removal proceedings under 
                        section 240D.
                    ``(C) Special rules.--Notwithstanding any other 
                provision of law--
                            ``(i) if an alien's application for asylum 
                        is approved pursuant to subparagraph (B)(iii), 
                        the asylum officer may not issue an order of 
                        removal; and
                            ``(ii) if an alien's application for 
                        withholding of removal under section 241(b)(3) 
                        or for withholding or deferral of removal under 
                        the Convention Against Torture is approved 
                        pursuant to subparagraph (B)(iii), the asylum 
                        officer shall issue a corresponding order of 
                        removal.
                    ``(D) Biannual report.--The Director shall submit a 
                biannual report to the relevant committees of Congress 
                that includes, for the relevant period--
                            ``(i) the number of cases described in 
                        subparagraph (A) that were referred to a 
                        supervisor pursuant to subparagraph (B), 
                        disaggregated by asylum office;
                            ``(ii) the number of cases described in 
                        clause (i) that were approved subsequent to the 
                        referral to a supervisor pursuant to 
                        subparagraph (B);
                            ``(iii) the number of cases described in 
                        clause (i) that were not approved subsequent to 
                        the referral to a supervisor pursuant to 
                        subparagraph (B);
                            ``(iv) a summary of the benefits for which 
                        any aliens described in subparagraph (A) were 
                        considered amenable and whose cases were 
                        referred to a supervisor pursuant to 
                        subparagraph (B), disaggregated by case outcome 
                        referred to in clauses (ii) and (iii);
                            ``(v) a description of any anomalous case 
                        outcomes for aliens described in subparagraph 
                        (A) whose cases were referred to a supervisor 
                        pursuant subparagraph (B); and
                            ``(vi) a description of any actions taken 
                        to remedy the anomalous case outcomes referred 
                        to in clause (v).
                    ``(E) Protection of personally identifiable 
                information.--In preparing each report pursuant to 
                subparagraph (D), the Director shall--
                            ``(i) protect any personally identifiable 
                        information associated with aliens described in 
                        subparagraph (A); and
                            ``(ii) comply with all applicable privacy 
                        laws.
            ``(6) Employment authorization.--An alien whose application 
        for relief or protection has been approved by a supervisor 
        pursuant to paragraph (5)(B) shall be issued employment 
        authorization under section 235C.
    ``(d) Negative Protection Determination.--
            ``(1) In general.--If an alien receives a negative 
        protection determination, the asylum officer shall--
                    ``(A) provide such alien with written notification 
                of such determination; and
                    ``(B) subject to paragraph (2), order the alien 
                removed from the United States without hearing or 
                review.
            ``(2) Opportunity to request reconsideration or appeal.--
        The Secretary shall notify any alien described in paragraph (1) 
        immediately after receiving notification of a negative 
        protection determination under this subsection that he or she--
                    ``(A) may request reconsideration of such 
                determination in accordance with paragraph (3); and
                    ``(B) may request administrative review of such 
                protection determination decision in accordance with 
                paragraph (4).
            ``(3) Request for reconsideration.--
                    ``(A) In general.--Any alien with respect to whom a 
                negative protection determination has been made may 
                submit a request for reconsideration to U.S. 
                Citizenship and Immigration Services not later than 5 
                days after such determination.
                    ``(B) Decision.--The Director, or designee, in the 
                Director's unreviewable discretion, may grant or deny a 
                request for reconsideration made pursuant to 
                subparagraph (A), which decision shall not be subject 
                to review.
            ``(4) Administrative review.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the administrative review of a 
                protection determination with respect to an alien under 
                this subsection shall be based on the record before the 
                asylum officer at the time at which such protection 
                determination was made.
                    ``(B) Exception.--An alien referred to in 
                subparagraph (A), or the alien's counsel of record, may 
                submit such additional evidence or testimony in 
                accordance with such policies and procedures as the 
                Secretary may prescribe.
                    ``(C) Review.--Each review described in 
                subparagraph (A) shall be conducted by the Protection 
                Appellate Board.
                    ``(D) Standard of review.--In accordance with the 
                procedures prescribed by the Secretary, the Protection 
                Appellate Board, upon the request of an alien, or the 
                alien's counsel of record, shall conduct a de novo 
                review of the record of the protection determination 
                carried out pursuant to this section with respect to 
                the alien.
                    ``(E) Determination.--
                            ``(i) Timing.--The Protection Appellate 
                        Board shall complete a review under this 
                        paragraph, to the maximum extent practicable, 
                        not later than 72 hours after receiving a 
                        request from an alien pursuant to subparagraph 
                        (D).
                            ``(ii) Effect of positive determination.--
                        If, after conducting a review under this 
                        paragraph, the Protection Appellate Board 
                        determines that an alien has a positive 
                        protection determination, the alien shall be 
                        referred for protection merits removal 
                        proceedings under section 240D.
                            ``(iii) Effect of negative determination.--
                        If, after conducting a review under this 
                        paragraph, the Protection Appellate Board 
                        determines that an alien has a negative 
                        protection determination, the alien shall be 
                        ordered removed from the United States without 
                        additional review.
            ``(5) Jurisdictional matters.--In any action brought 
        against an alien under section 275(a) or 276, the court shall 
        not have jurisdiction to hear any claim attacking the validity 
        of an order of removal entered pursuant to subsection 
        (c)(5)(C)(ii).
    ``(e) Service of Protection Determination Decision.--
            ``(1) Protection determination decision.--
                    ``(A) In general.--Upon reaching a decision 
                regarding a protection determination, the Secretary 
                shall--
                            ``(i) immediately notify the alien, and the 
                        alien's counsel of record, if applicable, that 
                        a determination decision has been made; and
                            ``(ii) schedule the service of the 
                        protection determination decision, which shall 
                        take place, to the maximum extent practicable, 
                        not later than 5 days after such notification.
                    ``(B) Special rules.--
                            ``(i) Location.--Each service of a 
                        protection determination decision scheduled 
                        pursuant to subparagraph (A)(ii) may occur at--
                                    ``(I) a U.S. Immigration and 
                                Customs Enforcement facility;
                                    ``(II) an Immigration Court; or
                                    ``(III) any other federally owned 
                                or federally leased building that--
                                            ``(aa) the Secretary has 
                                        authorized or entered into a 
                                        memorandum of agreement to be 
                                        used for such purpose; and
                                            ``(bb) meets the minimum 
                                        requirements under this 
                                        subparagraph.
                            ``(ii) Minimum requirements.--In conducting 
                        each service of a protection determination 
                        decision, the Director shall ensure compliance 
                        with the requirements set forth in clauses 
                        (ii)(II), (ii)(III), (ii)(IV), and (iii) of 
                        subsection (b)(3)(E).
            ``(2) Procedures for service of protection determination 
        decisions.--
                    ``(A) Written decision.--The Secretary shall ensure 
                that each alien and the alien's counsel of record, if 
                applicable, attending a determination decision receives 
                a written decision that includes, at a minimum, the 
                articulated basis for the denial of the protection 
                benefit sought by the alien.
                    ``(B) Language access.--The Secretary shall ensure 
                that each written decision required under subparagraph 
                (A) is delivered to the alien in--
                            ``(i) the alien's native language, to the 
                        maximum extent practicable; or
                            ``(ii) another language the alien 
                        understands.
                    ``(C) Access to counsel.--An alien who has obtained 
                the services of counsel shall be represented by such 
                counsel, at no expense to the Federal Government, at 
                the service of the protection determination. Nothing in 
                this subparagraph may be construed to create a 
                substantive due process right or to unreasonably delay 
                the scheduling of the service of the protection 
                determination.
                    ``(D) Asylum officer.--A protection determination 
                decision may only be served by an asylum officer.
                    ``(E) Protections for asylum officer decisions 
                based on the merits of the case.--The Secretary may not 
                impose restrictions on an asylum officer's ability to 
                grant or deny relief sought by an alien in a protection 
                determination or protection merits interview based on a 
                numerical limitation.
            ``(3) Negative protection determination.--
                    ``(A) Advisement of rights and opportunities.--If 
                an alien receives a negative protection determination 
                decision, the asylum officer shall--
                            ``(i) advise the alien if an alternative 
                        option of return is available to the alien, 
                        including--
                                    ``(I) voluntary departure;
                                    ``(II) withdrawal of the alien's 
                                application for admission; or
                                    ``(III) voluntary repatriation; and
                            ``(ii) provide written or verbal 
                        information to the alien regarding the process, 
                        procedures, and timelines for appealing such 
                        denial, to the maximum extent practicable, in 
                        the alien's native language, or in a language 
                        the alien understands.
            ``(4) Protection for children.--In the case of a family 
        unit, the Secretary shall ensure that the best interests of the 
        child or children are considered when conducting a protection 
        determination of the child's family unit.
            ``(5) Final order of removal.--If an alien receives a 
        negative protection determination decision, an alien shall be 
        removed in accordance with section 241 upon a final order of 
        removal.
    ``(f) Failure To Conduct Protection Determination.--
            ``(1) In general.--If the Secretary fails to conduct a 
        protection determination for an alien during the 90-day period 
        set forth in subsection (b)(3)(A), such alien shall be referred 
        for protection merits removal proceedings in accordance with 
        240D.
            ``(2) Notice of protection merits interview.--
                    ``(A) In general.--If an alien is referred for 
                protection merits removal proceedings pursuant to 
                paragraph (1), the Secretary shall properly file with 
                U.S. Citizenship and Immigration Services and serve 
                upon the alien, or the alien's counsel of record, a 
                notice of a protection merits interview, in accordance 
                with subsection (b)(2).
                    ``(B) Contents.--Each notice of protection merits 
                interview served pursuant to subparagraph (A)--
                            ``(i) shall include each element described 
                        in subsection (b)(2); and
                            ``(ii) shall--
                                    ``(I) inform the alien that an 
                                application for protection relief shall 
                                be submitted to the Secretary not later 
                                than 30 days before the date on which 
                                the alien's protection merits interview 
                                is scheduled;
                                    ``(II) inform the alien that he or 
                                she shall receive employment 
                                authorization, pursuant to section 
                                235C, not later than 30 days after 
                                filing the application required under 
                                subclause (I);
                                    ``(III) inform the alien that he or 
                                she may submit evidence into the record 
                                not later than 30 days before the date 
                                on which the alien's protection merits 
                                interview is scheduled;
                                    ``(IV) describe--
                                            ``(aa) the penalties 
                                        resulting from the alien's 
                                        failure to file the application 
                                        required under subclause (I); 
                                        and
                                            ``(bb) the terms and 
                                        conditions for redressing such 
                                        failure to file; and
                                    ``(V) describe the penalties 
                                resulting from the alien's failure to 
                                appear for a scheduled protection 
                                merits interview.
            ``(3) Date of filing.--The date on which an application for 
        protection relief is received by the Secretary shall be 
        considered the date of filing and receipt for all purposes.
            ``(4) Effect of failure to file.--
                    ``(A) In general.--Failure to timely file an 
                application for protection relief under this subsection 
                will result in an order of removal, absent exceptional 
                circumstances.
                    ``(B) Opportunity for redress.--
                            ``(i) In general.--The Secretary shall 
                        promulgate regulations authorizing a 15-day 
                        opportunity for redress to file an application 
                        for protection relief if there are exceptional 
                        circumstances regarding the alien's failure to 
                        timely file an application for protection 
                        relief.
                            ``(ii) Contents.--Each application 
                        submitted pursuant to clause (i) shall--
                                    ``(I) describe the basis for such 
                                request;
                                    ``(II) include supporting evidence; 
                                and
                                    ``(III) identify the exceptional 
                                circumstances that led to the alien's 
                                failure to file the application for 
                                protection relief in a timely manner.
                    ``(C) Decision .--In evaluating a request for 
                redress submitted pursuant to subparagraph (B)(i), the 
                Director, or designee--
                            ``(i) shall determine whether such request 
                        rises to the level of exceptional 
                        circumstances; and
                            ``(ii) may schedule a protection 
                        determination interview.
            ``(5) Employment authorization.--
                    ``(A) In general.--Employment authorization shall 
                be provided to aliens described in this subsection in 
                accordance with section 235C.
                    ``(B) Revocation.--The Secretary may revoke the 
                employment authorization provided to any alien 
                processed under this section or section 240D if such 
                alien--
                            ``(i) has obtained authorization for 
                        employment pursuant to the procedures described 
                        in section 235C; and
                            ``(ii) absent exceptional circumstances, 
                        subsequently fails to appear for a protection 
                        determination under subsection (b)(3) or a 
                        protection merits interview under 240D(c)(3).
    ``(g) Failure To Appear.--
            ``(1) Protection merits interview.--The provisions of 
        section 240(b)(5) shall apply to proceedings under this 
        section.
            ``(2) Opportunity to redress.--
                    ``(A) In general.--Not later than 15 days after the 
                date on which an alien fails to appear for a scheduled 
                protection determination or protection merits 
                interview, the alien may submit a written request for a 
                rescheduled protection determination or protection 
                merits interview.
                    ``(B) Contents.--Each request submitted pursuant to 
                subparagraph (A) shall--
                            ``(i) describe the basis for such request;
                            ``(ii) include supporting evidence; and
                            ``(iii) identify the exceptional 
                        circumstances that led to the alien's failure 
                        to appear.
                    ``(C) Decision.--In evaluating a request submitted 
                pursuant to subparagraph (A), the Director, or designee 
                shall determine whether the evidence included in such 
                request rises to the level of exceptional 
                circumstances. Such decision shall not be reviewable.
    ``(h) Rulemaking.--
            ``(1) In general.--The Secretary may promulgate such 
        regulations as are necessary to implement this section in 
        compliance with the requirements of section 553 of title 5, 
        United States Code.
            ``(2) Initial implementation.--Until the date that is 180 
        days after the date of the enactment of this section, the 
        Secretary may issue any interim final rules necessary to 
        implement this section without having to satisfy the 
        requirements of section 553(b)(B) of title 5, United States 
        Code, provided that any such interim final rules shall include 
        a 30-day post promulgation notice and comment period prior to 
        finalization in the Federal Register.
            ``(3) Requirement.--All regulations promulgated to 
        implement this section beginning on the date that is 180 days 
        after the date of the enactment of this section, shall be 
        issued pursuant to the requirements set forth in section 553 of 
        title 5, United States Code.
    ``(i) Savings Provisions.--
            ``(1) Expedited removal.--Nothing in this section may be 
        construed to expand or restrict the Secretary's discretion to 
        carry out expedited removals pursuant to section 235 to the 
        extent authorized by law. The Secretary shall not refer or 
        place an alien in proceedings under section 235 if the alien 
        has already been placed in or referred to proceedings under 
        this section or section 240D.
            ``(2) Detention.--Nothing in this section may be construed 
        to affect the authority of the Secretary to detain an alien 
        released pursuant to this section if otherwise authorized by 
        law.
            ``(3) Settlement agreements.--Nothing in this section may 
        be construed--
                    ``(A) to expand or restrict any settlement 
                agreement in effect as of the date of the enactment of 
                this section; or
                    ``(B) to abrogate any provision of the stipulated 
                settlement agreement in Reno v. Flores, as filed in the 
                United States District Court for the Central District 
                of California on January 17, 1997 (CV-85-4544-RJK), 
                including all subsequent court decisions, orders, 
                agreements, and stipulations.
            ``(4) Impact on other removal proceedings.--The provisions 
        of this section may not be interpreted to apply to any other 
        form of removal proceedings.
            ``(5) Special rule.--For aliens who are natives or citizens 
        of Cuba released pursuant to this section and who are otherwise 
        eligible for adjustment of status under the first section of 
        Public Law 89-732 (8 U.S.C. 1255 note) (commonly known as the 
        `Cuban Adjustment Act'), the requirement that an alien has been 
        inspected and admitted or paroled into the United States shall 
        not apply. Aliens who are natives or citizens of Cuba or Haiti 
        and have been released pursuant to section 240 (8 U.S.C. 1229) 
        shall be considered to be individuals described in section 
        501(e)(1) of the Refugee Education Assistance Act of 1980 (8 
        U.S.C. 1522 note).
            ``(6) Review of protection determinations.--Except for 
        reviews of constitutional claims, no court shall have 
        jurisdiction to review a protection determination issued by 
        U.S. Citizenship and Immigration Services under this section.
            ``(7) Final removal orders.--No court shall have 
        jurisdiction to review a final order of removal issued under 
        this section.
    ``(j) Judicial Review.--Notwithstanding any other provision of this 
Act, judicial review of any decision or action in this section shall be 
governed only by the United States District Court for the District of 
Columbia, which shall have sole and original jurisdiction to hear 
challenges, whether constitutional or otherwise, to the validity of 
this section or any written policy directive, written policy guideline, 
written procedure, or the implementation thereof, issued by or under 
the authority of the Secretary to implement this section.
    ``(k) Reports on Asylum Officer Grant Rates.--
            ``(1) Publication of annual report.--Not later than 1 year 
        after the date of the enactment of the Border Act, and annually 
        thereafter, the Director of U.S. Citizenship and Immigration 
        Services shall publish a report, on a publicly accessible 
        website of U.S. Citizenship and Immigration Services, which 
        includes, for the reporting period--
                    ``(A) the number of protection determinations that 
                were approved or denied; and
                    ``(B) a description of any anomalous incidents 
                identified by the Director, including any action taken 
                by the Director to address such an incident.
            ``(2) Semiannual report to congress.--
                    ``(A) In general.--Not less frequently than twice 
                each year, the Director of U.S. Citizenship and 
                Immigration Services shall submit a report to the 
                relevant committees of Congress that includes, for the 
                preceding reporting period, and aggregated for the 
                applicable calendar year--
                            ``(i) the number of cases in which a 
                        protection determination or protection merits 
                        interview has been completed; and
                            ``(ii) for each asylum office or duty 
                        station to which more than 20 asylum officers 
                        are assigned--
                                    ``(I) the median percentage of 
                                positive determinations and protection 
                                merits interviews in the cases 
                                described in clause (i);
                                    ``(II) the mean percentage of 
                                negative determinations and protection 
                                merits interviews in such cases; and
                                    ``(III) the number of cases 
                                described in subsection (c)(5) in which 
                                an alien was referred to a supervisor 
                                after demonstrating, by clear and 
                                convincing evidence, eligibility for 
                                asylum, withholding of removal, or 
                                protection under the Convention Against 
                                Torture, disaggregated by benefit type;
                                    ``(IV) the number of cases 
                                described in clause (i) that were 
                                approved by a supervisor; and
                                    ``(V) the number of cases described 
                                in clause (i) that were not approved by 
                                a supervisor.
                    ``(B) Presentation of data.--The information 
                described in subparagraph (A) shall be provided in the 
                format of aggregate totals by office or duty station.
    ``(l) Definitions.--In this section:
            ``(1) Application for protection relief.--The term 
        `application for protection relief' means any request, 
        application or petition authorized by the Secretary for asylum, 
        withholding of removal, or protection under the Convention 
        Against Torture.
            ``(2) Asylum officer.--The term `asylum officer' has the 
        meaning given such term in section 235(b)(1)(E).
            ``(3) Convention against torture.--The term `Convention 
        Against Torture' means the United Nations Convention against 
        Torture and Other Cruel, Inhuman or Degrading Treatment or 
        Punishment, done at New York December 10, 1984, including any 
        implementing regulations.
            ``(4) Director.--The term `Director' means the Director of 
        U.S. Citizenship and Immigration Services.
            ``(5) Exceptional circumstances.--The term `exceptional 
        circumstances' has the meaning given such term in section 
        240(e)(1).
            ``(6) Final order of removal.--The term `final order of 
        removal' means an order of removal made by an asylum officer at 
        the conclusion of a protection determination, and any appeal of 
        such order, as applicable.
            ``(7) Protection appellate board.--The term `Protection 
        Appellate Board' means the Protection Appellate Board 
        established under section 463 of the Homeland Security Act of 
        2002.
            ``(8) Protection determination decision.--The term 
        `protection determination decision' means the service of a 
        negative or positive protection determination outcome.
            ``(9) Relevant committees of congress.--The term `relevant 
        committees of Congress' means--
                    ``(A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    ``(B) the Committee on the Judiciary of the Senate;
                    ``(C) the Committee on Appropriations of the 
                Senate;
                    ``(D) the Committee on Homeland Security of the 
                House of Representatives;
                    ``(E) the Committee on the Judiciary of the House 
                of Representatives;
                    ``(F) the Committee on Appropriations of the House 
                of Representatives; and
                    ``(G) the Committee on Oversight and Accountability 
                of the House of Representatives.
            ``(10) Secretary.--The term `Secretary' means the Secretary 
        of Homeland Security.''.
    (b) Clerical Amendment.--The table of contents of the Immigration 
and Nationality Act (8 U.S.C. 1101 note) is amended by inserting after 
the item relating to section 235A the following:

``Sec. 235B. Provisional noncustodial removal proceedings.''.

SEC. 142. PROTECTION MERITS REMOVAL PROCEEDINGS.

    (a) In General.--Chapter 4 of title II of the Immigration and 
Nationality Act (8 U.S.C. 1221 et seq.) is amended by inserting after 
section 240C the following:

``SEC. 240D. PROTECTION MERITS REMOVAL PROCEEDINGS.

    ``(a) Commencement of Proceedings.--Removal proceedings under this 
section shall commence immediately after the Secretary properly serves 
notice on an alien who was--
            ``(1) processed under section 235B and referred under 
        subsection (c)(4) of that section after having been issued a 
        notice of a positive protection determination under such 
        subsection; or
            ``(2) referred under section 235B(f).
    ``(b) Duration of Proceedings.--To the maximum extent practicable, 
proceedings under this section shall conclude not later than 90 days 
after the date on which such proceedings commence.
    ``(c) Procedures.--
            ``(1) Service and notice requirements.--Upon the 
        commencement of proceedings under this section, the Secretary 
        shall provide notice of removal proceedings to the alien, or if 
        personal service is not practicable, to the alien's counsel of 
        record. Such notice shall be provided, to the maximum extent 
        practicable, in the alien's native language, or in a language 
        the alien understands, and shall specify or provide--
                    ``(A) the nature of the proceedings against the 
                alien;
                    ``(B) the legal authority under which such 
                proceedings will be conducted;
                    ``(C) the charges against the alien and the 
                statutory provisions alleged to have been violated by 
                the alien;
                    ``(D) that the alien shall--
                            ``(i) immediately provide (or have 
                        provided) to the Secretary, in writing, the 
                        mailing address, contact information, email 
                        address or other electronic address, and 
                        telephone number (if any) at which the alien 
                        may be contacted respecting the proceeding 
                        under this section; and
                            ``(ii) provide to the Secretary, in 
                        writing, any change of the alien's mailing 
                        address or telephone number after any such 
                        change;
                    ``(E)(i) the time and place at which the proceeding 
                under this section will be held, which information 
                shall be communicated, to the extent practicable, 
                before or during the alien's release from physical 
                custody; or
                    ``(ii) immediately after release, the time and 
                place of such proceeding shall be provided to the 
                alien, or to the alien's counsel of record, not later 
                than 10 days before the scheduled protection 
                determination interview, which shall be considered 
                proper service of the commencement of proceedings;
                    ``(F) the consequences for the alien's failure to 
                appear at such proceeding pursuant to section 
                240(b)(5)(A), absent exceptional circumstances;
                    ``(G) the alien's right to be represented, at no 
                expense to the Federal Government, by any counsel, or 
                an accredited representative, selected by the alien who 
                is authorized to practice in such a proceeding; and
                    ``(H) information described in section 
                235(b)(1)(B)(iv)(II).
            ``(2) Alternatives to detention.--An adult alien, including 
        a head of household, who has been referred for proceedings 
        under this section, shall be supervised under the Alternatives 
        to Detention program of U.S. Immigration and Customs 
        Enforcement for the duration of such proceedings.
            ``(3) Protection merits interview.--
                    ``(A) In general.--An asylum officer shall conduct 
                a protection merits interview of each alien processed 
                under this section.
                    ``(B) Access to counsel.--Section 235B(b)(3)(B) 
                shall apply to proceedings under this section.
                    ``(C) Procedures and evidence.--The asylum officer 
                may receive into evidence any oral or written statement 
                that is material and relevant to any matter in the 
                protection merits interview. The testimony of the alien 
                shall be under oath or affirmation, which shall be 
                administered by the asylum officer.
                    ``(D) Translation of documents.--Any foreign 
                language document offered by a party in proceedings 
                under this section shall be accompanied by an English 
                language translation and a certification signed by the 
                translator, which shall be printed legibly or typed. 
                Such certification shall include a statement that the 
                translator is competent to translate the document, and 
                that the translation is true and accurate to the best 
                of the translator's abilities.
                    ``(E) Interpreters.--An interpreter may be provided 
                to the alien for the proceedings under this section, in 
                accordance with section 235B(b)(3)(D).
                    ``(F) Location.--The location for the protection 
                merits interview described in this section shall be 
                determined in accordance with the terms and conditions 
                described in section 235B(b)(3)(E).
                    ``(G) Written record.--The asylum officer shall 
                prepare a written record of each protection merits 
                interview, which shall be provided to the alien or the 
                alien's counsel, that includes--
                            ``(i) a summary of the material facts 
                        stated by the alien;
                            ``(ii) any additional facts relied upon by 
                        the asylum officer;
                            ``(iii) the asylum officer's analysis of 
                        why, in light of the facts referred to in 
                        clauses (i) and (ii), the alien has or has not 
                        established eligibility for asylum under 
                        section 208, withholding of removal under 
                        section 241(b)(3), or protection under the 
                        Convention Against Torture; and
                            ``(iv) a copy of the asylum officer's 
                        interview notes.
                    ``(H) Protection of certain information.--Before 
                providing the record described in subparagraph (G) to 
                the alien or the alien's counsel of record, the 
                Director shall protect any information the disclosure 
                of which is prohibited by law.
                    ``(I) Rulemaking.--The Secretary shall promulgate 
                regulations that permit an alien to request a 
                rescheduled interview due to exceptional circumstances.
                    ``(J) Withdrawal of application, voluntary 
                departure, and voluntary repatriation.--
                            ``(i) Voluntary departure.--The Secretary 
                        may permit an alien to voluntarily depart in 
                        accordance with section 240E.
                            ``(ii) Withdrawal of application.--The 
                        Secretary may permit an alien, at any time 
                        before the protection merits interview, to 
                        withdraw his or her application and depart 
                        immediately from the United States in 
                        accordance with section 240F.
                            ``(iii) Voluntary repatriation.--The 
                        Secretary may permit an alien to voluntarily 
                        repatriate in accordance with section 240G.
            ``(4) Special rule relating to one-year bar.--An alien 
        subject to proceedings under this section shall not be subject 
        to the one-year bar under section 208(a)(2)(B).
            ``(5) Timing of protection merits interview.--A protection 
        merits interview may not be conducted on a date that is earlier 
        than 30 days after the date on which notice is served under 
        paragraph (1).
    ``(d) Protection Merits Determination.--
            ``(1) In general.--After conducting an alien's protection 
        merits interview, the asylum officer shall make a determination 
        on the merits of the alien's application for asylum under 
        section 208, withholding of removal under section 241(b)(3), or 
        protection under the Convention Against Torture.
            ``(2) Positive protection merits determination.--In the 
        case of an alien who the asylum officer determines meets the 
        criteria for a positive protection merits determination, the 
        asylum officer shall approve the alien's application for asylum 
        under section 208, withholding of removal under section 
        241(b)(3), or protection under the Convention Against Torture.
            ``(3) Negative protection merits determination.--
                    ``(A) In general.--In the case of an alien who the 
                asylum officer determines does not meet the criteria 
                for a positive protection merits determination--
                            ``(i) the asylum officer shall deny the 
                        alien's application for asylum under section 
                        208, withholding of removal under section 
                        241(b)(3), or protection under the Convention 
                        Against Torture; and
                            ``(ii) the Secretary shall--
                                    ``(I) provide the alien with 
                                written notice of the decision; and
                                    ``(II) subject to subparagraph (B) 
                                and subsection (e), order the removal 
                                of the alien from the United States.
                    ``(B) Request for reconsideration.--Any alien with 
                respect to whom a negative protection merits 
                determination has been made may submit a request for 
                reconsideration to U.S. Citizenship and Immigration 
                Services not later than 5 days after such 
                determination, in accordance with the procedures set 
                forth in section 235B(d)(3).
    ``(e) Appeals.--
            ``(1) In general.--An alien with respect to whom a negative 
        protection merits determination has been made may submit to the 
        Protection Appellate Board a written petition for review of 
        such determination, together with additional evidence 
        supporting the alien's claim, as applicable, not later than 7 
        days after the date on which a request for reconsideration 
        under subsection (d)(3)(B) has been denied.
            ``(2) Sworn statement.--A petition for review submitted 
        under this subsection shall include a sworn statement by the 
        alien.
            ``(3) Responsibilities of the director.--
                    ``(A) In general.--After the filing of a petition 
                for review by an alien, the Director shall--
                            ``(i) refer the alien's petition for review 
                        to the Protection Appellate Board; and
                            ``(ii) before the date on which the 
                        Protection Appellate Board commences review, 
                        subject to subparagraph (B), provide a full 
                        record of the alien's protection merits 
                        interview, including a transcript of such 
                        interview--
                                    ``(I) to the Protection Appellate 
                                Board; and
                                    ``(II) to the alien, or the alien's 
                                counsel of record.
                    ``(B) Protection of certain information.--Before 
                providing the record described in subparagraph 
                (A)(ii)(II) to the alien or the alien's counsel of 
                record, the Director shall protect any information the 
                disclosure of which is prohibited by law.
            ``(4) Standard of review.--
                    ``(A) In general.--In reviewing a protection merits 
                determination under this subsection, the Protection 
                Appellate Board shall--
                            ``(i) with respect to questions of fact, 
                        determine whether the decision reached by the 
                        asylum officer with initial jurisdiction 
                        regarding the alien's eligibility for relief or 
                        protection was clear error; and
                            ``(ii) with respect to questions of law, 
                        discretion, and judgement, make a de novo 
                        determination with respect to the alien's 
                        eligibility for relief or protection.
                    ``(B) in making a determination under clause (i) or 
                (ii) of subparagraph (A), take into account the 
                credibility of the statements made by the alien in 
                support of the alien's claim and such other facts as 
                are known to the Protection Appellate Board.
            ``(5) Completion.--To the maximum extent practicable, not 
        later than 7 days after the date on which an alien files a 
        petition for review with the Protection Appellate Board, the 
        Protection Appellate Board shall conclude the review.
            ``(6) Opportunity to supplement.--The Protection Appellate 
        Board shall establish a process by which an alien, or the 
        alien's counsel of record, may supplement the record for 
        purposes of a review under this subsection not less than 30 
        days before the Protection Appellate Board commences the 
        review.
            ``(7) Result of review.--
                    ``(A) Vacatur of order of removal.--In the case of 
                a determination by the Protection Appellate Board that 
                the application of an alien for asylum warrants 
                approval, the Protection Appellate Board shall vacate 
                the order of removal issued by the asylum officer and 
                grant such application.
                    ``(B) Withholding of removal and convention against 
                torture order of removal.--In the case of a 
                determination by the Protection Appellate Board that 
                the application of an alien for withholding of removal 
                under section 241(b)(3) or protection under the 
                Convention Against Torture warrants approval, the 
                Protection Appellate Board--
                            ``(i) shall not vacate the order of removal 
                        issued by the asylum officer; and
                            ``(ii) shall grant the application for 
                        withholding of removal under section 241(b)(3) 
                        or protection under the Convention Against 
                        Torture, as applicable.
                    ``(C) Affirmation of order of removal.--In the case 
                of a determination by the Protection Appellate Board 
                that the petition for review of a protection merits 
                interview does not warrant approval, the Protection 
                Appellate Board shall affirm the denial of such 
                application and the order of removal shall become 
                final.
                    ``(D) Notification.--Upon making a determination 
                with respect to a review under this subsection, the 
                Protection Appellate Board shall expeditiously provide 
                notice of the determination to the alien and, as 
                applicable, to the alien's counsel of record.
            ``(8) Motion to reopen or motion to reconsider.--
                    ``(A) Motion to reopen.--A motion to reopen a 
                review conducted by the Protection Appellate Board 
                shall state new facts and shall be supported by 
                documentary evidence. The resubmission of previously 
                provided evidence or reassertion of previously stated 
                facts shall not be sufficient to meet the requirements 
                of a motion to reopen under this subparagraph. An alien 
                with a pending motion to reopen may be removed if the 
                alien's order of removal is final, pending a decision 
                on a motion to reopen.
                    ``(B) Motion to reconsider.--
                            ``(i) In general.--A motion to reconsider a 
                        decision of the Protection Appellate Board--
                                    ``(I) shall establish that--
                                            ``(aa) the Protection 
                                        Appellate Board based its 
                                        decision on an incorrect 
                                        application of law or policy; 
                                        and
                                            ``(bb) the decision was 
                                        incorrect based on the evidence 
                                        in the record of proceedings at 
                                        the time of the decision; and
                                    ``(II) shall be filed not later 
                                than 30 days after the date on which 
                                the decision was issued.
                            ``(ii) Limitation.--The Protection 
                        Appellate Board shall not consider new facts or 
                        evidence submitted in support of a motion to 
                        reconsider.
    ``(f) Order of Removal.--
            ``(1) In general.--The Secretary--
                    ``(A) shall have exclusive and final jurisdiction 
                over the denial of an application for relief or 
                protection under this section; and
                    ``(B) may remove an alien to a country where the 
                alien is a subject, national, or citizen, or in the 
                case of an alien having no nationality, the country of 
                the alien's last habitual residence, or in accordance 
                with the processes established under section 241, 
                unless removing the alien to such country would be 
                prejudicial to the interests of the United States.
            ``(2) Detention; removal.--The terms and conditions under 
        section 241 shall apply to the detention and removal of aliens 
        ordered removed from the United States under this section.
    ``(g) Limitation on Judicial Review.--
            ``(1) Denials of protection.--Except for review of 
        constitutional claims, no court shall have jurisdiction to 
        review a decision issued by U.S. Citizenship and Immigration 
        Services under this section denying an alien's application for 
        asylum under section 208, withholding of removal under section 
        241(b)(3), or protection under the Convention Against Torture.
            ``(2) Final removal orders.--No court shall have 
        jurisdiction to review a final order of removal issued under 
        this section.
    ``(h) Rulemaking.--
            ``(1) In general.--The Secretary may promulgate such 
        regulations as are necessary to implement this section in 
        compliance with the requirements of section 553 of title 5, 
        United States Code.
            ``(2) Initial implementation.--Until the date that is 180 
        days after the date of the enactment of this section, the 
        Secretary may issue any interim final rules necessary to 
        implement this section without having to satisfy the 
        requirements of section 553(b)(B) of title 5, United States 
        Code, provided that any such interim final rules shall include 
        a 30-day post promulgation notice and comment period prior to 
        finalization in the Federal Register.
            ``(3) Requirement.--All regulations promulgated to 
        implement this section beginning on the date that is 180 days 
        after the date of the enactment of this section, shall be 
        issued pursuant to the requirements set forth in section 553 of 
        title 5, United States Code.
    ``(i) Savings Provisions.--
            ``(1) Detention.--Nothing in this section may be construed 
        to affect the authority of the Secretary to detain an alien who 
        is processed, including for release, under this section if 
        otherwise authorized by law.
            ``(2) Settlement agreements.--Nothing in this section may 
        be construed--
                    ``(A) to expand or restrict any settlement 
                agreement in effect on the date of the enactment of 
                this section; or
                    ``(B) to abrogate any provision of the stipulated 
                settlement agreement in Reno v. Flores, as filed in the 
                United States District Court for the Central District 
                of California on January 17, 1997 (CV-85-4544-RJK), 
                including all subsequent court decisions, orders, 
                agreements, and stipulations.
            ``(3) Impact on other removal proceedings.--The provisions 
        of this section may not be interpreted to apply to any other 
        form of removal proceedings.
            ``(4) Conversion to removal proceedings under section 
        240.--The asylum officer or immigration officer may refer or 
        place an alien into removal proceedings under section 240 by 
        issuing a notice to appear for the purpose of initiating such 
        proceedings if either such officer determines that--
                    ``(A) such proceedings are required in order to 
                permit the alien to seek an immigration benefit for 
                which the alien is legally entitled to apply; and
                    ``(B) such application requires such alien to be 
                placed in, or referred to proceedings under section 240 
                that are not available to such alien under this 
                section.
    ``(j) Family Unity.--In the case of an alien with a minor child in 
the United States who has been ordered removed pursuant to this 
section, the Secretary shall ensure that such alien is removed with the 
minor child, if the alien elects.
    ``(k) Judicial Review.--Notwithstanding any other provision of this 
Act, judicial review of any decision or action in this section shall be 
governed only by the United States District Court for the District of 
Columbia, which shall have sole and original jurisdiction to hear 
challenges, whether constitutional or otherwise, to the validity of 
this section or any written policy directive, written policy guideline, 
written procedure, or the implementation thereof, issued by or under 
the authority of the Secretary to implement this section.
    ``(l) Definitions.--In this section:
            ``(1) Asylum officer.--The term `asylum officer' has the 
        meaning given such term in section 235(b)(1)(E).
            ``(2) Convention against torture.--The term `Convention 
        Against Torture' means the United Nations Convention against 
        Torture and Other Cruel, Inhuman or Degrading Treatment or 
        Punishment, done at New York December 10, 1984, including any 
        implementing regulations.
            ``(3) Director.--The term `Director' means the Director of 
        U.S. Citizenship and Immigration Services.
            ``(4) Exceptional circumstances.--The term `exceptional 
        circumstances' has the meaning given such term in section 
        240(e)(1).
            ``(5) Final order of removal.--The term `final order of 
        removal' means an order of removal made by an asylum officer at 
        the conclusion of a protection determination, and any appeal of 
        such order, as applicable.
            ``(6) Protection appellate board.--The term `Protection 
        Appellate Board' means the Protection Appellate Board 
        established under section 463 of the Homeland Security Act of 
        2002.
            ``(7) Protection determination decision.--The term 
        `protection determination decision' means the service of a 
        negative or positive protection determination outcome.
            ``(8) Secretary.--The term `Secretary' means the Secretary 
        of Homeland Security.''.
    (b) Clerical Amendment.--The table of contents of the Immigration 
and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting 
after the item relating to section 240C the following:

``Sec. 240D. Protection merits removal proceedings.''.

SEC. 143. VOLUNTARY DEPARTURE AFTER NONCUSTODIAL PROCESSING; WITHDRAWAL 
              OF APPLICATION FOR ADMISSION.

    (a) In General.--Chapter 4 of title II of the Immigration and 
Nationality Act (8 U.S.C. 1221 et seq.), as amended by section 142(a), 
is further amended by inserting after section 240D the following:

``SEC. 240E. VOLUNTARY DEPARTURE AFTER NONCUSTODIAL PROCESSING.

    ``(a) Conditions.--
            ``(1) In general.--The Secretary of Homeland Security 
        (referred to in this section as the `Secretary') may permit an 
        alien to voluntarily depart the United States under this 
        subsection, at the alien's own expense, instead of being 
        subject to proceedings under section 235B or 240D or before the 
        completion of such proceedings, if such alien is not deportable 
        under paragraph (2)(A)(iii) or (4)(B) of section 237(a).
            ``(2) Period of validity.--Permission to depart voluntarily 
        under this subsection shall be valid for a period not to exceed 
        120 days.
            ``(3) Departure bond.--The Secretary may require an alien 
        permitted to depart voluntarily under this subsection to post a 
        voluntary departure bond, which shall be surrendered upon proof 
        that the alien has departed the United States within the time 
        specified in such bond.
    ``(b) At Conclusion of Proceedings.--
            ``(1) In general.--The Secretary may permit an alien to 
        voluntarily depart the United States under this subsection, at 
        the alien's own expense, if, at the conclusion of a proceeding 
        under section 240D, the asylum officer--
                    ``(A) enters an order granting voluntary departure 
                instead of removal; and
                    ``(B) determines that the alien--
                            ``(i) has been physically present in the 
                        United States for not less than 60 days 
                        immediately preceding the date on which proper 
                        notice was served in accordance with section 
                        235B(e)(2);
                            ``(ii) is, and has been, a person of good 
                        moral character for at least 5 years 
                        immediately preceding the alien's application 
                        for voluntary departure;
                            ``(iii) is not deportable under paragraph 
                        (2)(A)(iii) or (4) of section 237(a); and
                            ``(iv) has established, by clear and 
                        convincing evidence, that he or she has the 
                        means to depart the United States and intends 
                        to do so.
            ``(2) Departure bond.--The Secretary shall require any 
        alien permitted to voluntarily depart under this subsection to 
        post a voluntary departure bond, in an amount necessary to 
        ensure that such alien will depart, which shall be surrendered 
        upon proof that the alien has departed the United States within 
        the time specified in such bond.
    ``(c) Ineligible Aliens.--The Secretary shall not permit an alien 
to voluntarily depart under this section if such alien was previously 
permitted to voluntarily depart after having been found inadmissible 
under section 212(a)(6)(A).
    ``(d) Civil Penalty for Failure to Depart.--
            ``(1) In general.--Subject to paragraph (2), an alien who 
        was permitted to voluntarily depart the United States under 
        this section and fails to voluntarily depart within the period 
        specified by the Secretary--
                    ``(A) shall be subject to a civil penalty of not 
                less than $1,000 and not more than $5,000; and
                    ``(B) shall be ineligible, during the 10-year 
                period beginning on the last day such alien was 
                permitted to voluntarily depart, to receive any further 
                relief under this section and sections 240A, 245, 248, 
                and 249.
            ``(2) Special rule.--The restrictions on relief under 
        paragraph (1) shall not apply to individuals identified in 
        section 240B(d)(2).
            ``(3) Notice.--The order permitting an alien to voluntarily 
        depart shall describe the penalties under this subsection.
    ``(e) Additional Conditions.--The Secretary may prescribe 
regulations that limit eligibility for voluntary departure under this 
section for any class of aliens. No court may review any regulation 
issued under this subsection.
    ``(f) Judicial Review.--No court has jurisdiction over an appeal 
from the denial of a request for an order of voluntary departure under 
subsection (b). No court may order a stay of an alien's removal pending 
consideration of any claim with respect to voluntary departure.
    ``(g) Rule of Construction.--Nothing in this section may be 
construed to affect any voluntary departure relief in any other section 
of this Act.

``SEC. 240F. WITHDRAWAL OF APPLICATION FOR ADMISSION.

    ``(a) Withdrawal Authorized.--The Secretary of Homeland Security 
(referred to in this section as the `Secretary'), in the discretion of 
the Secretary, may permit any alien for admission to withdraw his or 
her application--
            ``(1) instead of being placed into removal proceedings 
        under section 235B or 240D; or
            ``(2) at any time before the alien's protection merits 
        interview occurs under section 240D.
    ``(b) Conditions.--An alien's decision to withdraw his or her 
application for admission under subsection (a) shall be made 
voluntarily. Permission to withdraw an application for admission may 
not be granted unless the alien intends and is able to depart the 
United States within a period determined by the Secretary.
    ``(c) Consequence for Failure to Depart.--An alien who is permitted 
to withdraw his or her application for admission under this section and 
fails to voluntarily depart the United States within the period 
specified by the Secretary pursuant to subsection (b) shall be 
ineligible, during the 5-year period beginning on the last day of such 
period, to receive any further relief under this section and section 
240A.
    ``(d) Family Unity.--In the case of an alien with a minor child in 
the United States who has been ordered removed after withdrawing an 
application under this section, the Secretary shall ensure that such 
alien is removed with the minor child, if the alien elects.
    ``(e) Rule of Construction.--Nothing in this section may be 
construed to affect any withdrawal requirements in any other section of 
this Act.''.
    (b) Clerical Amendment.--The table of contents of the Immigration 
and Nationality Act (8 U.S.C. 1101 et seq.), as amended by section 
142(b), is further amended by inserting after the item relating to 
section 240D the following:

``Sec. 240E. Voluntary departure after noncustodial processing.
``Sec. 240F. Withdrawal of application for admission.''.

SEC. 144. VOLUNTARY REPATRIATION.

    (a) In General.--Chapter 4 of title II of the Immigration and 
Nationality Act (8 U.S.C. 1221 et seq.), as amended by section 143(a), 
is further amended by inserting after section 240F, the following:

``SEC. 240G. VOLUNTARY REPATRIATION.

    ``(a) Establishment.--The Secretary of Homeland Security (referred 
to in this section as the `Secretary') shall establish a voluntary 
repatriation program in accordance with the terms and conditions of 
this section.
    ``(b) Voluntary Repatriation in Lieu of Proceedings.--Under the 
voluntary repatriation program established under subsection (a), the 
Secretary may permit an alien to elect, at any time during proceedings 
under section 235B or before the alien's protection merits 
determination under section 240D(d), voluntary repatriation in lieu of 
continued proceedings under section 235B or 240D.
    ``(c) Period of Validity.--An alien who elects voluntary 
repatriation shall depart the United States within a period determined 
by the Secretary, which may not exceed 120 days.
    ``(d) Procedures.--Consistent with subsection (b), the Secretary 
may permit an alien to elect voluntary repatriation if the asylum 
officer--
            ``(1) enters an order granting voluntary repatriation 
        instead of an order of removal; and
            ``(2) determines that the alien--
                    ``(A) has been physically present in the United 
                States immediately preceding the date on which the 
                alien elects voluntary repatriation;
                    ``(B) is, and has been, a person of good moral 
                character for the entire period the alien is physically 
                present in the United States;
                    ``(C) is not described in paragraph (2)(A)(iii) or 
                (4) of section 237(a);
                    ``(D) meets the applicable income requirements, as 
                determined by the Secretary; and
                    ``(E) has not previously elected voluntary 
                repatriation.
    ``(e) Minimum Requirements.--
            ``(1) Notice.--The notices required to be provided to an 
        alien under sections 235B(b)(2) and 240D(c)(1) shall include 
        information on the voluntary repatriation program.
            ``(2) Verbal requirements.--The asylum officer shall 
        verbally provide the alien with information about the 
        opportunity to elect voluntary repatriation--
                    ``(A) at the beginning of a protection 
                determination under section 235B(c)(2); and
                    ``(B) at the beginning of the protection merits 
                interview under section 240D(b)(3).
            ``(3) Written request.--An alien subject to section 235B or 
        240D--
                    ``(A) may elect voluntary repatriation at any time 
                during proceedings under 235B or before the protection 
                merits determination under section 240D(d); and
                    ``(B) may only elect voluntary repatriation--
                            ``(i) knowingly and voluntarily; and
                            ``(ii) in a written format, to the maximum 
                        extent practicable, in the alien's native 
                        language or in a language the alien 
                        understands, or in an alternative record if the 
                        alien is unable to write.
    ``(f) Repatriation.--The Secretary is authorized to provide 
transportation to aliens, including on commercial flights, if such 
aliens elect voluntary repatriation.
    ``(g) Reintegration.--Upon election of voluntary repatriation, the 
Secretary shall advise the alien of any applicable reintegration or 
reception program available in the alien's country of nationality.
    ``(h) Family Unity.--In the case of an alien with a minor child in 
the United States who has been permitted to voluntarily repatriate 
pursuant to this section, the Secretary shall ensure that such alien is 
repatriated with the minor child, if the alien elects.
    ``(i) Immigration Consequences.--
            ``(1) Election timing.--In the case of an alien who elects 
        voluntary repatriation at any time during proceeding under 
        section 235B or before the protection merits interview, a final 
        order of removal shall not be entered against the alien.
            ``(2) Failure to timely depart.--In the case of an alien 
        who elects voluntary repatriation and fails to depart the 
        United States before the end of the period of validity under 
        subsection (c)--
                    ``(A) the alien shall be subject to a civil penalty 
                in an amount equal to the cost of the commercial flight 
                or the ticket, or tickets, to the country of 
                nationality;
                    ``(B) during the 10-year period beginning on the 
                date on which the period of validity under subsection 
                (c) ends, the alien shall be ineligible for relief 
                under--
                            ``(i) this section;
                            ``(ii) section 240A; and
                            ``(iii) section 240E; and
                    ``(C) a final order of removal shall be entered 
                against the alien.
            ``(3) Exceptions.--Paragraph (2) shall not apply to a child 
        of an adult alien who elected voluntary repatriation.
    ``(j) Clerical Matters.--
            ``(1) Rule of construction.--Nothing in this section may be 
        construed to affect any voluntary departure under any other 
        section of this Act.
            ``(2) Savings clause.--Nothing in this section may be 
        construed to supersede the requirements of section 241(b)(3).
            ``(3) Judicial review.--No court shall have jurisdiction of 
        the Secretary's decision, in the Secretary's sole discretion, 
        to permit an alien to elect voluntary repatriation. No court 
        may order a stay of an alien's removal pending consideration of 
        any claim with respect to voluntary repatriation.
            ``(4) Appropriations.--There are authorized to be 
        appropriated to the Secretary such sums as necessary to carry 
        out this section.
    ``(k) Voluntary Repatriation Defined.--The term `voluntary 
repatriation' means the free and voluntary return of an alien to the 
alien's country of nationality (or in the case of an alien having no 
nationality, the country of the alien's last habitual residence) in a 
safe and dignified manner, consistent with the obligations of the 
United States under the Convention Relating to the Status of Refugees, 
done at Geneva July 28, 1952 (as made applicable by the1967 Protocol 
Relating to the Status of Refugees, done at New York January 31, 1967 
(19 UST 6223)).''.
    (b) Clerical Amendment.--The table of contents of the Immigration 
and Nationality Act (8 U.S.C. 1101 et seq.), as amended by section 
143(b), is further amended by inserting after the item relating to 
section 240F the following:

``Sec. 240G. Voluntary repatriation.''.

SEC. 145. IMMIGRATION EXAMINATIONS FEE ACCOUNT.

    Section 286 of the Immigration and Nationality Act (8 U.S.C. 1356) 
is amended--
            (1) in subsection (m), by striking ``collected.'' and 
        inserting ``collected: Provided further, That such fees may not 
        be set to recover any costs associated with the implementation 
        of sections 235B and 240D, are appropriated by Congress, and 
        are not subject to the fees collected.''; and
            (2) in subsection (n), by adding at the end the following: 
        ``Funds deposited in the `Immigration Examinations Fee Account' 
        shall not be used to reimburse any appropriation for expenses 
        associated with the implementation of sections 235B and 
        240D.''.

SEC. 146. BORDER REFORMS.

    (a) Special Rules for Contiguous Continental Land Borders.--
            (1) In general.--Chapter 4 of title II of the Immigration 
        and Nationality Act (8 U.S.C. 1221 et seq.) is amended by 
        adding at the end the following:

``SEC. 244A. SPECIAL RULES FOR CONTIGUOUS CONTINENTAL LAND BORDERS.

    ``(a) In General.--An alien described in section 235 or 235B who 
arrives by land from a contiguous continental land border (whether or 
not at a designated port of arrival), absent unusual circumstances, 
shall be promptly subjected to the mandatory provisions of such 
sections unless the Secretary of Homeland Security (referred to in this 
section as the `Secretary') determines, on a case-by-case basis, that 
there is--
            ``(1) an exigent medical circumstance involving the alien 
        that requires the alien's physical presence in the United 
        States;
            ``(2) a significant law enforcement or intelligence purpose 
        warranting the alien's presence in the United States;
            ``(3) an urgent humanitarian reason directly pertaining to 
        the individual alien, according to specific criteria determined 
        by the Secretary;
            ``(4) a Tribal religious ceremony, cultural exchange, 
        celebration, subsistence use, or other culturally important 
        purpose warranting the alien's presence in the United States on 
        Tribal land located at or near an international land border;
            ``(5) an accompanying alien whose presence in the United 
        States is necessary for the alien who meets the criteria 
        described in any of the paragraphs (1) through (4) to further 
        the purposes of such provisions; or
            ``(6) an alien who, while in the United States, had an 
        emergent personal or bona fide reason to travel temporarily 
        abroad and received approval for Advance Parole from the 
        Secretary.
    ``(b) Rules of Construction.--Nothing in this section may be 
construed--
            ``(1) to preclude the execution of section 235(a)(4) or 
        241(a)(5);
            ``(2) to expand or restrict the authority to grant parole 
        under section 212(d)(5), including for aliens arriving at a 
        port of entry by air or sea, other than an alien arriving by 
        land at a contiguous continental land border for whom a special 
        rule described in subsection (a) applies; or
            ``(3) to refer to or place an alien in removal proceedings 
        pursuant to section 240, or in any other proceedings, if such 
        referral is not otherwise authorized under this Act.
    ``(c) Transition Rules.--
            ``(1) Mandatory processing.--Beginning on the date that is 
        90 days after the date of the enactment of this section, the 
        Secretary shall require any alien described in subsection (a) 
        who does not meet any of the criteria described in paragraphs 
        (1) through (6) of that subsection to be processed in 
        accordance with section 235 or 235B, as applicable, unless such 
        alien is subject to removal proceedings under subsection 
        (b)(3).
            ``(2) Pre-certification referrals and placements.--Before 
        the Comptroller General of the United States has certified that 
        sections 235B and 240D are fully operational pursuant to 
        section 146(d) of the Border Act, the Secretary shall refer or 
        place aliens described in subsection (a) in proceedings under 
        section 240 based upon operational considerations regarding the 
        capacity of the Secretary to process aliens under section 235 
        or section 235B, as applicable.
            ``(3) Post-certification referrals and placements.--After 
        the Comptroller General makes the certification referred to in 
        paragraph (2), the Secretary may only refer aliens described in 
        subsection (a) to, or place such aliens in, proceedings under 
        section 235(b) or 235B, as applicable, unless such alien is 
        subject to removal proceedings under subsection (b)(3).''.
            (2) Clerical amendment.--The table of contents of the 
        Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
        amended by inserting after the item relating to section 244 the 
        following:

``Sec. 244A. Special rules for contiguous continental land borders.''.
    (b) Modification of Authority to Arrest, Detain, and Release 
Aliens.--
            (1) In general.--Section 236(a)(2) of the Immigration and 
        Nationality Act (8 U.S.C. 1226(a)(2)) is amended--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``on'';
                    (B) in subparagraph (A), by inserting ``on'' before 
                ``bond''; and
                    (C) by amending subparagraph (B) to read as 
                follows:
                    ``(B)(i) in the case of an alien encountered in the 
                interior, on conditional parole; or
                    ``(ii) in the case of an alien encountered at the 
                border--
                            ``(I) pursuant to the procedures under 
                        235B; or
                            ``(II) on the alien's own recognizance with 
                        placement into removal proceedings under 240; 
                        and''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall take effect immediately after the Comptroller General of 
        the United States certifies, in accordance with subsection (d), 
        that sections 235B and 240D of the Immigration and Nationality 
        Act, as added by sections 141 and 142, are fully operational.
    (c) Reporting Requirement.--
            (1) In general.--Section 236 of the Immigration and 
        Nationality Act (8 U.S.C. 1226) is amended by adding at the end 
        the following:
    ``(f) Semiannual Report.--
            ``(1) In general.--Not later than 180 days after the date 
        on which the Comptroller General makes the certification 
        described in section 146(d) of the Border Act, and every 180 
        days thereafter, the Secretary of Homeland Security shall 
        publish, on a publicly accessible internet website in a 
        downloadable and searchable format, a report that describes 
        each use of the authority of the Secretary under subsection 
        (a)(2)(B)(ii)(II).
            ``(2) Elements.--Each report required by paragraph (1) 
        shall include, for the applicable 180-day reporting period--
                    ``(A) the number of aliens released pursuant to the 
                authority of the Secretary of Homeland Security under 
                subsection (a)(2)(B)(ii)(II);
                    ``(B) with respect to each such release--
                            ``(i) the rationale;
                            ``(ii) the Border Patrol sector in which 
                        the release occurred; and
                            ``(iii) the number of days between the 
                        scheduled date of the protection determination 
                        and the date of release from physical custody.
            ``(3) Privacy protection.--Each report published under 
        paragraph (1)--
                    ``(A) shall comply with all applicable Federal 
                privacy laws; and
                    ``(B) shall not disclose any information contained 
                in, or pertaining to, a protection determination.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect immediately after the Comptroller General of 
        the United States certifies, in accordance with subsection (d), 
        that sections 235B and 240D of the Immigration and Nationality 
        Act, as added by sections 141 and 142, are fully operational.
    (d) Certification Process.--
            (1) Definitions.--In this subsection:
                    (A) Fully operational.--The term ``fully 
                operational'' means the Secretary has the necessary 
                resources, capabilities, and personnel to process all 
                arriving aliens referred to in sections 235B and 240D 
                of the Immigration and Nationality Act, as added by 
                sections 141 and 142, within the timeframes required by 
                such sections.
                    (B) Required parties.--The term ``required 
                parties'' means--
                            (i) the President;
                            (ii) the Secretary;
                            (iii) the Attorney General;
                            (iv) the Director of the Office of 
                        Management and Budget;
                            (v) the Committee on Homeland Security and 
                        Governmental Affairs of the Senate;
                            (vi) the Committee on the Judiciary of the 
                        Senate;
                            (vii) the Committee on Appropriations of 
                        the Senate;
                            (viii) the Committee on Homeland Security 
                        of the House of Representatives;
                            (ix) the Committee on the Judiciary of the 
                        House of Representatives; and
                            (x) the Committee on Appropriations of the 
                        House of Representatives.
            (2) Review.--
                    (A) In general.--Not later than 180 days after the 
                date of the enactment of this Act, the Comptroller 
                General of the United States shall review the 
                implementation of sections 235B and 240D of the 
                Immigration and Nationality Act, as added by sections 
                141 and 142, to determine whether such sections are 
                fully operational.
                    (B) Review elements.--In completing the review 
                required under subparagraph (A), the Comptroller 
                General shall assess, in comparison to the available 
                resources, capabilities, and personnel on the date of 
                the enactment of this Act, whether there are 
                sufficient--
                            (i) properly trained personnel, including 
                        support personnel;
                            (ii) real property assets and other 
                        required capabilities;
                            (iii) information technology 
                        infrastructure;
                            (iv) field manuals and guidance, 
                        regulations, and policies;
                            (v) other investments that the Comptroller 
                        General considers necessary; and
                            (vi) asylum officers to effectively process 
                        all aliens who are considered amenable for 
                        processing under section 235(b), section 235B, 
                        section 240, and section 240D of the 
                        Immigration and Nationality Act.
            (3) Certification of full implementation.--If the 
        Comptroller General determines, after completing the review 
        required under paragraph (2), that sections 235B and 240D of 
        the Immigration and Nationality Act are fully operational, the 
        Comptroller General shall immediately submit to the required 
        parties a certification of such determination.
            (4) Noncertification and subsequent reviews.--If the 
        Comptroller General determines, after completing the review 
        required under paragraph (2), that such sections 235B and 240D 
        are not fully operational, the Comptroller General shall--
                    (A) notify the required parties of such 
                determination, including the reasons for such 
                determination;
                    (B) conduct a subsequent review in accordance with 
                paragraph (2)(A) not later than 180 days after each 
                previous review that concluded that such sections 235B 
                and 240D were not fully operational; and
                    (C) conduct a subsequent review not later than 90 
                days after each time Congress appropriates additional 
                funding to fully implement such sections 235B and 240D.
            (5) Determination of the secretary.--Not later than 7 days 
        after receiving a certification described in paragraph (3), the 
        Secretary shall confirm or reject the certification of the 
        Comptroller General.
            (6) Effect of rejection.--
                    (A) Notification.--If the Secretary rejects a 
                certification of the of the Comptroller General 
                pursuant to paragraph (A), the Secretary shall 
                immediately--
                            (i) notify the President, the Comptroller 
                        General, and the congressional committees 
                        listed in paragraph (1) of such rejection; and
                            (ii) provide such entities with a rationale 
                        for such rejection.
                    (B) Subsequent reviews.--If the Comptroller General 
                receives a notification of rejection from the Secretary 
                pursuant to subparagraph (A), the Comptroller General 
                shall conduct a subsequent review in accordance with 
                paragraph (4)(B).

SEC. 147. PROTECTION APPELLATE BOARD.

    (a) In General.--Subtitle E of title IV of the Homeland Security 
Act of 2002 (6 U.S.C. 271 et seq.) is amended by adding at the end the 
following:

``SEC. 463. PROTECTION APPELLATE BOARD.

    ``(a) Establishment.--The Secretary shall establish within the U.S. 
Citizenship and Immigration Services an appellate authority to conduct 
administrative appellate reviews of protection merits determinations 
made under section 240D of the Immigration and Nationality Act in which 
the alien is denied relief or protection, to be known as the 
`Protection Appellate Board'.
    ``(b) Composition.--Each panel of the Protection Appellate Board 
shall be composed of 3 U.S. Citizenship and Immigration Services asylum 
officers (as defined in section 235(b)(1)(E) of the Immigration and 
Nationality Act (8 U.S.C. 1225(b)(1)(E))), assigned to the panel at 
random, who--
            ``(1) possess the necessary experience adjudicating asylum 
        claims; and
            ``(2) are from diverse geographic regions.
    ``(c) Duties of Asylum Officers.--In conducting a review under 
section 240D(e) of the Immigration and Nationality Act, each asylum 
officer assigned to a panel of the Protection Appellate Board shall 
independently review the file of the alien concerned, including--
            ``(1) the record of the alien's protection determination 
        (as defined in section 101(a) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a))), as applicable;
            ``(2) the alien's application for a protection merits 
        interview (as defined in section 240D(l) of that Act);
            ``(3) a transcript of the alien's protection merits 
        interview;
            ``(4) the final record of the alien's protection merits 
        interview;
            ``(5) a sworn statement from the alien identifying new 
        evidence or alleged error and any accompanying information the 
        alien or the alien's legal representative considers important; 
        and
            ``(6) any additional materials, information, or facts 
        inserted into the record.
    ``(d) Decisions.--Any final determination made by a panel of the 
Protection Appellate Board shall be by majority decision, independently 
submitted by each member of the panel.
    ``(e) Exclusive Jurisdiction.--The Protection Appellate Board shall 
have exclusive jurisdiction to review appeals of negative protections 
merits determinations.
    ``(f) Protections for Decisions Based on Merits of Case.--The 
Director of U.S. Citizenship and Immigration Services may not impose 
restrictions on an asylum officer's ability to grant or deny relief or 
protection based on a numerical limitation.
    ``(g) Reports.--
            ``(1) In general.--Not later than 1 year after the date of 
        the enactment of this section, and annually thereafter, the 
        Secretary--
                    ``(A) shall submit a report to the appropriate 
                committees of the Congress that includes, for the 
                preceding year--
                            ``(i) the number of petitions for review 
                        submitted by aliens under section 240D(e) of 
                        the Immigration and Nationality Act;
                            ``(ii) the number of appeals considered by 
                        the Protection Appellate Board under such 
                        section that resulted in a grant of relief or 
                        protection;
                            ``(iii) the number of appeals considered by 
                        the Protection Appellate Board under such 
                        section that resulted in a denial of relief or 
                        protection;
                            ``(iv) the geographic regions in which the 
                        members of the Protection Appellate Board held 
                        their primary duty station;
                            ``(v) the tenure of service of the members 
                        of the Protection Appellate Board;
                            ``(vi) a description of any anomalous case 
                        outcome identified by the Secretary and the 
                        resolution of any such case outcome;
                            ``(vii) the number of unanimous decisions 
                        by the Protection Appellate Board;
                            ``(viii) an identification of the number of 
                        cases the Protection Appellate Board was unable 
                        to complete in the timelines specified under 
                        section 240D(e) of the Immigration and 
                        Nationality Act; and
                            ``(ix) a description of any steps taken to 
                        remediate any backlog identified under clause 
                        (viii), as applicable; and
                    ``(B) in submitting each such report, shall protect 
                all personally identifiable information of Federal 
                employees and aliens who are subject to the reporting 
                under this subsection.
            ``(2) Appropriate committees of congress defined.--In this 
        subsection, the term `appropriate committees of Congress' 
        means--
                    ``(A) the Committee on Appropriations of the 
                Senate;
                    ``(B) the Committee on the Judiciary of the Senate;
                    ``(C) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    ``(D) the Committee on Appropriations of the House 
                of Representatives;
                    ``(E) the Committee on the Judiciary of the House 
                of Representatives; and
                    ``(F) the Committee on Homeland Security of the 
                House of Representatives.''.
    (b) Clerical Amendment.--The table of contents of the Homeland 
Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by inserting 
after the item relating to section 462 the following:

``Sec. 463. Protection Appellate Board.''.

                TITLE II--ASYLUM PROCESSING ENHANCEMENTS

SEC. 201. COMBINED SCREENINGS.

    Section 101(a) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)) is amended by adding at the end the following:
    ``(53) The term `protection determination' means--
            ``(A) a screening conducted pursuant to section 
        235(b)(1)(B)(v); or
            ``(B) a screening to determine whether an alien is eligible 
        for--
                    ``(i) withholding of removal under section 
                241(b)(3); or
                    ``(ii) protection under the Convention against 
                Torture and Other Cruel, Inhuman or Degrading Treatment 
                or Punishment, done at New York December 10, 1984, 
                which includes the regulations implementing any law 
                enacted pursuant to Article 3 of such convention.
    ``(54) The term `protection merits interview' means an interview to 
determine whether an alien--
            ``(A) meets the definition of refugee under paragraph (42), 
        in accordance with the terms and conditions under section 208;
            ``(B) is eligible for withholding of removal under section 
        241(b)(3); or
            ``(C) is eligible for protection under the Convention 
        against Torture and Other Cruel, Inhuman or Degrading Treatment 
        or Punishment, done at New York December 10, 1984, which 
        includes the regulations implementing any law enacted pursuant 
        to Article 3 of such convention.''.

SEC. 202. CREDIBLE FEAR STANDARD AND ASYLUM BARS AT SCREENING 
              INTERVIEW.

    Section 235(b)(1)(B) of the Immigration and Nationality Act (8 
U.S.C. 1225(b)(1)(B)) is amended--
            (1) in clause (v), by striking ``significant possibility'' 
        and inserting ``reasonable possibility''; and
            (2) by adding at the end, the following:
                            ``(vi) Asylum exceptions.--An asylum 
                        officer, during the credible fear screening of 
                        an alien--
                                    ``(I) shall determine whether any 
                                of the asylum exceptions under section 
                                208(b)(2) disqualify the alien from 
                                receiving asylum; and
                                    ``(II) may determine that the alien 
                                does not meet the definition of 
                                credible fear of persecution under 
                                clause (v) if any such exceptions 
                                apply, including whether any such 
                                exemptions to such disqualifying 
                                exceptions may apply.''.

SEC. 203. INTERNAL RELOCATION.

    (a) In General.--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 at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following:
                            ``(vii) there are reasonable grounds for 
                        concluding that the alien could avoid 
                        persecution by relocating to--
                                    ``(I) another location in the 
                                alien's country of nationality; or
                                    ``(II) in the case of an alien 
                                having no nationality, another location 
                                in the alien's country of last habitual 
                                residence.''.
    (b) Inapplicability.--Section 244(c)(2)(B)(ii) of the Immigration 
and Nationality Act (8 U.S.C. 1254a(c)(2)(B)(ii)) is amended by 
inserting ``clauses (i) through (vi) of'' after ``described in''.

SEC. 204. ASYLUM OFFICER CLARIFICATION.

    Section 235(b)(1)(E) of the Immigration and Nationality Act (8 
U.S.C. 1225(b)(1)(E)) is amended--
            (1) in clause (i), by striking ``comparable to'' and all 
        that follows and inserting ``, including nonadversarial 
        techniques;'';
            (2) in clause (ii), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
                            ``(iii)(I) is an employee of U.S. 
                        Citizenship and Immigration Services; and
                            ``(II) is not a law enforcement officer.''.

                      TITLE III--SECURING AMERICA

                 Subtitle A--Border Emergency Authority

SEC. 301. BORDER EMERGENCY AUTHORITY.

    (a) In General.--Chapter 4 of title II of the Immigration and 
Nationality Act (8 U.S.C. 1221 et seq.), as amended by section 146(a), 
is further amended by adding at the end the following:

``SEC. 244B. BORDER EMERGENCY AUTHORITY.

    ``(a) Use of Authority.--
            ``(1) In general.--In order to respond to extraordinary 
        migration circumstances, there shall be available to the 
        Secretary, notwithstanding any other provision of law, a border 
        emergency authority.
            ``(2) Exceptions.--The border emergency authority shall not 
        be activated with respect to any of the following:
                    ``(A) A citizen or national of the United States.
                    ``(B) An alien who is lawfully admitted for 
                permanent residence.
                    ``(C) An unaccompanied alien child.
                    ``(D) An alien who an immigration officer 
                determines, with the approval of a supervisory 
                immigration officer, should be excepted from the border 
                emergency authority based on the totality of the 
                circumstances, including consideration of significant 
                law enforcement, officer and public safety, 
                humanitarian, and public health interests, or an alien 
                who an immigration officer determines, in consultation 
                with U.S. Immigration and Customs Enforcement, should 
                be excepted from the border emergency authority due to 
                operational considerations.
                    ``(E) An alien who is determined to be a victim of 
                a severe form of trafficking in persons (as defined in 
                section 103 of the Trafficking Victims Protection Act 
                of 2000 (22 U.S.C. 7102)).
                    ``(F) An alien who has a valid visa or other lawful 
                permission to enter the United States, including--
                            ``(i) a member of the Armed Forces of the 
                        United States and associated personnel, United 
                        States Government employees or contractors on 
                        orders abroad, or United States Government 
                        employees or contractors, and an accompanying 
                        family member who is on orders or is a member 
                        of the alien's household, subject to required 
                        assurances;
                            ``(ii) an alien who holds a valid travel 
                        document upon arrival at a port of entry;
                            ``(iii) an alien from a visa waiver program 
                        country under section 217 who is not otherwise 
                        subject to travel restrictions and who arrives 
                        at a port of entry; or
                            ``(iv) an alien who presents at a port of 
                        entry pursuant to a process approved by the 
                        Secretary to allow for safe and orderly entry 
                        into the United States.
            ``(3) Applicability.--The border emergency authority shall 
        only be activated as to aliens who are not subject to an 
        exception under paragraph (2), and who are, after the authority 
        is activated, within 100 miles of the United States southwest 
        land border and within the 14-day period after entry.
    ``(b) Border Emergency Authority Described.--
            ``(1) In general.--Whenever the border emergency authority 
        is activated, the Secretary shall have the authority, in the 
        Secretary's sole and unreviewable discretion, to summarily 
        remove from and prohibit, in whole or in part, entry into the 
        United States of any alien identified in subsection (a)(3) who 
        is subject to such authority in accordance with this 
        subsection.
            ``(2) Terms and conditions.--
                    ``(A) Summary removal.--Notwithstanding any other 
                provision of this Act, subject to subparagraph (B), the 
                Secretary shall issue a summary removal order and 
                summarily remove an alien to the country of which the 
                alien is a subject, national, or citizen (or, in the 
                case of an alien having no nationality, the country of 
                the alien's last habitual residence), or in accordance 
                with the processes established under section 241, 
                unless the summary removal of the alien to such country 
                would be prejudicial to the interests of the United 
                States.
                    ``(B) Withholding and convention against torture 
                interviews.--
                            ``(i) In general.--In the case of an alien 
                        subject to the border emergency authority who 
                        manifests a fear of persecution or torture with 
                        respect to a proposed country of summary 
                        removal, an asylum officer (as defined in 
                        section 235(b)(1)(E)) shall conduct an 
                        interview, during which the asylum officer 
                        shall determine that, if such alien 
                        demonstrates during the interview that the 
                        alien has a reasonable possibility of 
                        persecution or torture, such alien shall be 
                        referred to or placed in proceedings under 
                        section 240 or 240D, as appropriate.
                            ``(ii) Sole mechanism to request 
                        protection.--An interview under this 
                        subparagraph conducted by an asylum officer 
                        shall be the sole mechanism by which an alien 
                        described in clause (i) may make a claim for 
                        protection under--
                                    ``(I) section 241(b)(3); and
                                    ``(II) the Convention Against 
                                Torture.
                            ``(iii) Alien referred for additional 
                        proceedings.--In the case of an alien 
                        interviewed under clause (i) who demonstrates 
                        that the alien is eligible to apply for 
                        protection under section 241(b)(3) or the 
                        Convention Against Torture, the alien--
                                    ``(I) shall not be summarily 
                                removed; and
                                    ``(II) shall instead be processed 
                                under section 240 or 240D, as 
                                appropriate.
                            ``(iv) Additional review.--
                                    ``(I) Opportunity for secondary 
                                review.--A supervisory asylum officer 
                                shall review any case in which the 
                                asylum officer who interviewed the 
                                alien under the procedures in clause 
                                (iii) finds that the alien is not 
                                eligible for protection under section 
                                241(b)(3) or the Convention Against 
                                Torture.
                                    ``(II) Vacatur.--If, in conducting 
                                such a secondary review, the 
                                supervisory asylum officer determines 
                                that the alien demonstrates eligibility 
                                for such protection--
                                            ``(aa) the supervisory 
                                        asylum officer shall vacate the 
                                        previous negative 
                                        determination; and
                                            ``(bb) the alien shall 
                                        instead be processed under 
                                        section 240 or 240D.
                                    ``(III) Summary removal.--If an 
                                alien does not seek such a secondary 
                                review, or if the supervisory asylum 
                                officer finds that such alien is not 
                                eligible for such protection, the 
                                supervisory asylum officer shall order 
                                the alien summarily removed without 
                                further review.
            ``(3) Activations of authority.--
                    ``(A) Discretionary activation.--The Secretary may 
                activate the border emergency authority if, during a 
                period of 7 consecutive calendar days, there is an 
                average of 4,000 or more aliens who are encountered 
                each day.
                    ``(B) Mandatory activation.--The Secretary shall 
                activate the border emergency authority if--
                            ``(i) during a period of 7 consecutive 
                        calendar days, there is an average of 5,000 or 
                        more aliens who are encountered each day; or
                            ``(ii) on any 1 calendar day, a combined 
                        total of 8,500 or more aliens are encountered.
                    ``(C) Calculation of activation.--
                            ``(i) In general.--For purposes of 
                        subparagraphs (A) and (B), the average for the 
                        applicable 7-day period shall be calculated 
                        using--
                                    ``(I) the sum of--
                                            ``(aa) the number of 
                                        encounters that occur between 
                                        the southwest land border ports 
                                        of entry of the United States;
                                            ``(bb) the number of 
                                        encounters that occur between 
                                        the ports of entry along the 
                                        southern coastal borders; and
                                            ``(cc) the number of 
                                        inadmissible aliens encountered 
                                        at a southwest land border port 
                                        of entry as described in 
                                        subsection (a)(2)(F)(iv); 
                                        divided by
                                    ``(II) 7.
                            ``(ii) Limitation.--Aliens described in 
                        subsection (a)(2)(C) from noncontiguous 
                        countries shall not be included in calculating 
                        the sum of aliens encountered.
            ``(4) Limitations.--
                    ``(A) In general.--For purposes of paragraph (3), 
                the Secretary shall not activate the border emergency 
                authority--
                            ``(i) during the first calendar year after 
                        the effective date, for more than 270 calendar 
                        days;
                            ``(ii) during the second calendar year 
                        after the effective date, for more than 225 
                        days; and
                            ``(iii) during the third calendar year, for 
                        more than 180 calendar days.
                    ``(B) Implementation.--When the authority is 
                activated, the Secretary shall implement the authority 
                within 24 hours of such activation.
            ``(5) Suspensions of authority.--The Secretary shall 
        suspend activation of the border emergency authority, and the 
        procedures under subsections (a), (b), (c), and (d), not later 
        than 14 calendar days after the date on which the following 
        occurs, as applicable:
                    ``(A) In the case of an activation under 
                subparagraph (A) of paragraph (3), there is during a 
                period of 7 consecutive calendar days an average of 
                less than 75 percent of the encounter level used for 
                activation.
                    ``(B) In the case of an activation under clause (i) 
                or (ii) of paragraph (3)(B), there is during a period 
                of 7 consecutive calendar days an average of less than 
                75 percent of the encounter level described in such 
                clause (i).
            ``(6) Waivers of activation of authority.--
                    ``(A) First calendar year.--Notwithstanding 
                paragraph (3), beginning the first calendar year after 
                the effective date, the Secretary shall only have the 
                authority to activate the border emergency authority 
                for 270 calendar days during the calendar year, 
                provided that--
                            ``(i) for the first 90 calendar days in 
                        which any of the requirements of paragraph (3) 
                        have been satisfied, the Secretary shall be 
                        required to activate such authority;
                            ``(ii) for the remaining 180 days that the 
                        authority is available in the calendar year, 
                        the Secretary may, in the sole, unreviewable, 
                        and exclusive discretion of the Secretary, 
                        determine whether to activate the requirements 
                        of the border emergency authority under 
                        paragraph (3)(B) until the number of days that 
                        the authority has not been activated is equal 
                        to the number of days left in the calendar 
                        year; and
                            ``(iii) when the number of calendar days 
                        remaining in the calendar year is equal to the 
                        number of days that the authority has not been 
                        activated, the Secretary shall be required to 
                        activate the border emergency authority for the 
                        remainder of the calendar year on days during 
                        which the requirements of paragraph (3)(B) have 
                        been satisfied.
                    ``(B) Second calendar year.--Notwithstanding 
                paragraph (3), beginning the second calendar year after 
                the effective date, the Secretary shall only have the 
                authority to activate the border emergency authority 
                for 225 calendar days during the calendar year, 
                provided that--
                            ``(i) during the first 75 calendar days 
                        during which any of the requirements of 
                        paragraph (3) have been satisfied, the 
                        Secretary shall be required to activate the 
                        authority;
                            ``(ii) for the remaining 150 days that the 
                        authority is available in the calendar year, 
                        the Secretary may, in the sole, unreviewable, 
                        and exclusive discretion of the Secretary, 
                        determine whether to activate the requirements 
                        of the border emergency authority under 
                        paragraph (3)(B) until the number of days that 
                        the authority has not been activated is equal 
                        to the number of days left in the calendar 
                        year; and
                            ``(iii) when the number of calendar days 
                        remaining in the calendar year is equal to the 
                        number of days that the authority has not been 
                        activated, the Secretary shall be required to 
                        activate the border emergency authority for the 
                        remainder of the calendar year on days during 
                        which the requirements of paragraph (3)(B) have 
                        been satisfied.
                    ``(C) Third calendar year.--Notwithstanding 
                paragraph (3), beginning the third calendar year after 
                the effective date, the Secretary shall only have the 
                authority to activate the border emergency authority 
                for 180 calendar days during the calendar year, 
                provided that--
                            ``(i) during the first 60 calendar days 
                        during which any of the requirements of 
                        paragraph (3) have been satisfied, the 
                        Secretary shall be required to activate the 
                        authority;
                            ``(ii) for the remaining 120 days that the 
                        authority is available in each calendar year, 
                        the Secretary may, in the sole, unreviewable, 
                        and exclusive discretion of the Secretary, 
                        determine whether to activate the requirements 
                        of the border emergency authority under 
                        paragraph (3)(B) until the number of days that 
                        the authority has not been activated is equal 
                        to the number of days left in the calendar 
                        year; and
                            ``(iii) when the number of calendar days 
                        remaining in the calendar year is equal to the 
                        number of days that the authority has not been 
                        activated, the Secretary shall be required to 
                        activate the border emergency authority for the 
                        remainder of the calendar year on days during 
                        which the requirements of paragraph (3)(B) have 
                        been satisfied.
            ``(7) Emergency suspension of authority.--
                    ``(A) In general.--If the President finds that it 
                is in the national interest to temporarily suspend the 
                border emergency authority, the President may direct 
                the Secretary to suspend use of the border emergency 
                authority on an emergency basis.
                    ``(B) Duration.--In the case of a direction from 
                the President under subparagraph (A), the Secretary 
                shall suspend the border emergency authority for not 
                more than 45 calendar days within a calendar year, 
                notwithstanding any limitations on the use of the 
                authority described in this subsection.
    ``(c) Continued Access to Southwest Land Border Ports of Entry.--
            ``(1) In general.--During any activation of the border 
        emergency authority under subsection (b), the Secretary shall 
        maintain the capacity to process, and continue processing, 
        under section 235 or 235B a minimum of 1,400 inadmissible 
        aliens each calendar day cumulatively across all southwest land 
        border ports of entry in a safe and orderly process developed 
        by the Secretary.
            ``(2) Special rules.--
                    ``(A) Unaccompanied alien children exception.--For 
                the purpose of calculating the number under paragraph 
                (1), the Secretary shall count all unaccompanied alien 
                children, who are nationals of contiguous countries, 
                processed at southwest land border ports of entry, but 
                shall not count such children who are nationals of 
                noncontiguous countries.
                    ``(B) Transition rules.--The provisions of section 
                244A(c) shall apply to this section.
    ``(d) Bar to Admission.--Any alien who, during a period of 365 
days, has 2 or more summary removals pursuant to the border emergency 
authority, shall be inadmissible for a period of 1 year beginning on 
the date of the alien's most recent summary removal.
    ``(e) Savings Provisions.--
            ``(1) Unaccompanied alien children.--Nothing in this 
        section may be construed to interfere with the processing of 
        unaccompanied alien children and such children are not subject 
        to this section.
            ``(2) Settlement agreements.--Nothing in this section may 
        be construed to interfere with any rights or responsibilities 
        established through a settlement agreement in effect before the 
        date of the enactment of this section.
            ``(3) Rule of construction.--For purposes of the Convention 
        Relating to the Status of Refugees, done at Geneva July 28, 
        1952 (as made applicable by the 1967 Protocol Relating to the 
        Status of Refugees, done at New York January 31, 1967 (19 UST 
        6223)), the Convention Against Torture, and any other 
        applicable treaty, as applied to this section, the interview 
        under this section shall occur only in the context of the 
        border emergency authority.
    ``(f) Judicial Review.--Judicial review of any decision or action 
applying the border emergency authority shall be governed only by this 
subsection as follows:
            ``(1) Notwithstanding any other provision of law, except as 
        provided in paragraph (2), no court or judge shall have 
        jurisdiction to review any cause or claim by an individual 
        alien arising from the decision to enter a summary removal 
        order against such alien under this section, or removing such 
        alien pursuant to such summary removal order.
            ``(2) The United States District Court for the District of 
        Columbia shall have sole and original jurisdiction to hear 
        challenges, whether constitutional or otherwise, to the 
        validity of this section or any written policy directive, 
        written policy guideline, written procedure, or the 
        implementation thereof, issued by or under the authority of the 
        Secretary to implement this section.
    ``(g) Effective Date.--
            ``(1) In general.--This section shall take effect on the 
        day after the date of the enactment of this section.
            ``(2) 7-day period.--The initial activation of the 
        authority under subparagraph (A) or (B)(i) of subsection (b)(3) 
        shall take into account the average number of encounters during 
        the preceding 7 consecutive calendar days, as described in such 
        subparagraphs, which may include the 6 consecutive calendar 
        days immediately preceding the date of the enactment of this 
        section.
    ``(h) Rulemaking.--
            ``(1) In general.--The Secretary may promulgate such 
        regulations as are necessary to implement this section in 
        compliance with the requirements of section 553 of title 5, 
        United States Code.
            ``(2) Initial implementation.--Until the date that is 180 
        days after the date of the enactment of this section, the 
        Secretary may issue any interim final rules necessary to 
        implement this section without having to satisfy the 
        requirements of section 553(b)(B) of title 5, United States 
        Code, provided that any such interim final rules shall include 
        a 30-day post promulgation notice and comment period prior to 
        finalization in the Federal Register.
            ``(3) Requirement.--All regulations promulgated to 
        implement this section beginning on the date that is 180 days 
        after the date of the enactment of this section shall be issued 
        pursuant to the requirements set forth in section 553 of title 
        5, United States Code.
    ``(i) Definitions.--In this section:
            ``(1) Border emergency authority.--The term `border 
        emergency authority' means all authorities and procedures under 
        this section.
            ``(2) Convention against torture.--The term `Convention 
        Against Torture' means the Convention against Torture and Other 
        Cruel, Inhuman or Degrading Treatment or Punishment, done at 
        New York December 10, 1984, and includes the regulations 
        implementing any law enacted pursuant to Article 3 of the 
        Convention against Torture and Other Cruel, Inhuman or 
        Degrading Treatment or Punishment, done at New York December 
        10, 1984.
            ``(3) Encounter.--With respect to an alien, the term 
        `encounter' means an alien who--
                    ``(A) is physically apprehended by U.S. Customs and 
                Border Protection personnel--
                            ``(i) within 100 miles of the southwest 
                        land border of the United States during the 14-
                        day period immediately after entry between 
                        ports of entry; or
                            ``(ii) at the southern coastal borders 
                        during the 14-day period immediately after 
                        entry between ports of entry; or
                    ``(B) is seeking admission at a southwest land 
                border port of entry and is determined to be 
                inadmissible, including an alien who utilizes a process 
                approved by the Secretary to allow for safe and orderly 
                entry into the United States.
            ``(4) Secretary.--The term `Secretary' means the Secretary 
        of Homeland Security.
            ``(5) Southern coastal borders.--The term `southern coastal 
        borders' means all maritime borders in California, Texas, 
        Louisiana, Mississippi, Alabama, and Florida.
            ``(6) Unaccompanied alien child.--The term `unaccompanied 
        alien child' has the meaning given such term in section 
        462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 
        279(g)(2)).
    ``(j) Sunset.--This section--
            ``(1) shall take effect on the date of the enactment of 
        this section; and
            ``(2) shall be repealed effective as of the date that is 3 
        years after such date of enactment.''.
    (b) Clerical Amendment.--The table of contents of the Immigration 
and Nationality Act (8 U.S.C. 1101 et seq.), as amended by section 
146(b), is further amended by inserting after the item relating to 
section 244A the following:

``Sec. 244B Border emergency authority.''.

            Subtitle B--Fulfilling Promises to Afghan Allies

SEC. 311. DEFINITIONS.

    In this subtitle:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on the Judiciary of the Senate;
                    (B) the Committee on Foreign Relations of the 
                Senate;
                    (C) the Committee on Armed Services of the Senate;
                    (D) the Committee on Appropriations of the Senate;
                    (E) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (F) the Committee on the Judiciary of the House of 
                Representatives;
                    (G) the Committee on Foreign Affairs of the House 
                of Representatives;
                    (H) the Committee on Armed Services of the House of 
                Representatives;
                    (I) the Committee on Appropriations of the House of 
                Representatives; and
                    (J) the Committee on Homeland Security of the House 
                of Representatives.
            (2) Immigration laws.--The term ``immigration laws'' has 
        the meaning given such term in section 101(a)(17) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (4) Special immigrant status.--The term ``special immigrant 
        status'' means special immigrant status provided under--
                    (A) the Afghan Allies Protection Act of 2009 (8 
                U.S.C. 1101 note; Public Law 111-8);
                    (B) section 1059 of the National Defense 
                Authorization Act for Fiscal Year 2006 (8 U.S.C. 1101 
                note; Public Law 109-163); or
                    (C) subparagraph (N) of section 101(a)(27) of the 
                Immigration and Nationality Act (8 U.S.C. 1101(a)(27)), 
                as added by section 316(a).
            (5) Specified application.--The term ``specified 
        application'' means--
                    (A) a pending, documentarily complete application 
                for special immigrant status; and
                    (B) a case in processing in the United States 
                Refugee Admissions Program for an individual who has 
                received a Priority 1 or Priority 2 referral to such 
                program.
            (6) United states refugee admissions program.--The term 
        ``United States Refugee Admissions Program'' means the program 
        to resettle refugees in the United States pursuant to the 
        authorities provided in sections 101(a)(42), 207, and 412 of 
        the Immigration and Nationality Act (8 U.S.C. 1101(a)(42), 
        1157, and 1522).

SEC. 312. SUPPORT FOR AFGHAN ALLIES OUTSIDE THE UNITED STATES.

    (a) Response to Congressional Inquiries.--The Secretary of State 
shall respond to inquiries by Members of Congress regarding the status 
of a specified application submitted by, or on behalf of, a national of 
Afghanistan, including any information that has been provided to the 
applicant, in accordance with section 222(f) of the Immigration and 
Nationality Act (8 U.S.C. 1202(f)).
    (b) Office in Lieu of Embassy.--During the period in which there is 
no operational United States embassy in Afghanistan, the Secretary of 
State shall designate an appropriate office within the Department of 
State--
            (1) to review specified applications submitted by nationals 
        of Afghanistan residing in Afghanistan, including by conducting 
        any required interviews;
            (2) to issue visas or other travel documents to such 
        nationals, in accordance with the immigration laws;
            (3) to provide services to such nationals, to the greatest 
        extent practicable, that would normally be provided by an 
        embassy; and
            (4) to carry out any other function the Secretary of State 
        considers necessary.

SEC. 313. CONDITIONAL PERMANENT RESIDENT STATUS FOR ELIGIBLE 
              INDIVIDUALS.

    (a) Definitions.--In this section:
            (1) Conditional permanent resident status.--The term 
        ``conditional permanent resident status'' means conditional 
        permanent resident status under section 216 and 216A of the 
        Immigration and Nationality Act (8 U.S.C. 1186a, 1186b), 
        subject to the provisions of this section.
            (2) Eligible individual.--The term ``eligible individual'' 
        means an alien who--
                    (A) is present in the United States;
                    (B) is a citizen or national of Afghanistan or, in 
                the case of an alien having no nationality, is a person 
                who last habitually resided in Afghanistan;
                    (C) has not been granted permanent resident status;
                    (D)(i) was inspected and admitted to the United 
                States on or before the date of the enactment of this 
                Act; or
                    (ii) was paroled into the United States during the 
                period beginning on July 30, 2021, and ending on the 
                date of the enactment of this Act, provided that such 
                parole has not been terminated by the Secretary upon 
                written notice; and
                    (E) is admissible to the United States as an 
                immigrant under the immigration laws, including 
                eligibility for waivers of grounds of inadmissibility 
                to the extent provided by the immigration laws and 
                subject to the terms of subsection (c) of this section.
    (b) Conditional Permanent Resident Status for Eligible 
Individuals.--
            (1) Adjustment of status to conditional permanent resident 
        status.--Beginning on the date of the enactment of this Act, 
        the Secretary may--
                    (A) adjust the status of each eligible individual 
                to that of an alien lawfully admitted for permanent 
                residence status, subject to the procedures established 
                by the Secretary to determine eligibility for 
                conditional permanent resident status; and
                    (B) create for each eligible individual a record of 
                admission to such status as of the date on which the 
                eligible individual was initially inspected and 
                admitted or paroled into the United States, or July 30, 
                2021, whichever is later,
            unless the Secretary determines, on a case-by-case basis, 
        that such individual is subject to any ground of 
        inadmissibility under section 212 (other than subsection 
        (a)(4)) of the Immigration and Nationality Act (8 U.S.C. 1182) 
        and is not eligible for a waiver of such grounds of 
        inadmissibility as provided by this subtitle or by the 
        immigration laws.
            (2) Conditional basis.--An individual who obtains lawful 
        permanent resident status under this section shall be 
        considered, at the time of obtaining the status of an alien 
        lawfully admitted for permanent residence, to have obtained 
        such status on a conditional basis subject to the provisions of 
        this section.
    (c) Conditional Permanent Resident Status Described.--
            (1) Assessment.--
                    (A) In general.--Before granting conditional 
                permanent resident status to an eligible individual 
                under subsection (b)(1), the Secretary shall conduct an 
                assessment with respect to the eligible individual, 
                which shall be equivalent in rigor to the assessment 
                conducted with respect to refugees admitted to the 
                United States through the United States Refugee 
                Admissions Program, for the purpose of determining 
                whether the eligible individual is subject to any 
                ground of inadmissibility under section 212 (other than 
                subsection (a)(4)) of the Immigration and Nationality 
                Act (8 U.S.C. 1182).
                    (B) Consultation.--In conducting an assessment 
                under subparagraph (A), the Secretary may consult with 
                the head of any other relevant agency and review the 
                holdings of any such agency.
            (2) Removal of conditions.--
                    (A) In general.--Not earlier than the date 
                described in subparagraph (B), the Secretary may remove 
                the conditional basis of the status of an individual 
                granted conditional permanent resident status under 
                this section unless the Secretary determines, on a 
                case-by-case basis, that such individual is subject to 
                any ground of inadmissibility under paragraph (2) or 
                (3) of section 212(a) of the Immigration and 
                Nationality Act (8 U.S.C. 1182(a)), and is not eligible 
                for a waiver of such grounds of inadmissibility as 
                provided by this subtitle or by the immigration laws.
                    (B) Date described.--The date described in this 
                subparagraph is the earlier of--
                            (i) the date that is 4 years after the date 
                        on which the individual was admitted or paroled 
                        into the United States; or
                            (ii) July 1, 2027.
                    (C) Waiver.--
                            (i) In general.--Except as provided in 
                        clause (ii), with respect to an eligible 
                        individual, the Secretary may waive the 
                        application of the grounds of inadmissibility 
                        under 212(a) of the Immigration and Nationality 
                        Act (8 U.S.C. 1182(a)) for humanitarian 
                        purposes or to ensure family unity.
                            (ii) Exceptions.--The Secretary may not 
                        waive under clause (i) the application of 
                        subparagraphs (C) through (E) and (G) through 
                        (H) of paragraph (2), or paragraph (3), of 
                        section 212(a) of the Immigration and 
                        Nationality Act (8 U.S.C. 1182(a)).
                            (iii) Rule of construction.--Nothing in 
                        this subparagraph may be construed to expand or 
                        limit any other waiver authority applicable 
                        under the immigration laws to an applicant for 
                        adjustment of status.
                    (D) Timeline.--Not later than 180 days after the 
                date described in subparagraph (B), the Secretary shall 
                endeavor to remove conditions as to all individuals 
                granted conditional permanent resident status under 
                this section who are eligible for removal of 
                conditions.
            (3) Treatment of conditional basis of status period for 
        purposes of naturalization.--An individual in conditional 
        permanent resident status under this section, or who otherwise 
        meets the requirements under (a)(1) of this section, shall be 
        considered--
                    (A) to have been admitted to the United States as 
                an alien lawfully admitted for permanent residence; and
                    (B) to be present in the United States as an alien 
                lawfully admitted to the United States for permanent 
                residence, provided that, no alien shall be naturalized 
                unless the alien's conditions have been removed under 
                this section.
    (d) Termination of Conditional Permanent Resident Status.--
            (1) In general.--Conditional permanent resident status 
        shall terminate on, as applicable--
                    (A) the date on which the Secretary removes the 
                conditions pursuant to subsection (c)(2), on which date 
                the alien shall be lawfully admitted for permanent 
                residence without conditions;
                    (B) the date on which the Secretary determines that 
                the alien was not an eligible individual under 
                subsection (a)(2) as of the date that such conditional 
                permanent resident status was granted, on which date of 
                the Secretary's determination the alien shall no longer 
                be an alien lawfully admitted for permanent residence; 
                or
                    (C) the date on which the Secretary determines 
                pursuant to subsection (c)(2) that the alien is not 
                eligible for removal of conditions, on which date the 
                alien shall no longer be an alien lawfully admitted for 
                permanent residence.
            (2) Notification.--If the Secretary terminates status under 
        this subsection, the Secretary shall so notify the individual 
        in writing and state the reasons for the termination.
    (e) Rule of Construction.--Nothing in this section shall be 
construed to limit the authority of the Secretary at any time to place 
in removal proceedings under section 240 of the Immigration and 
Nationality Act (8 U.S.C. 1229a) any alien who has conditional 
permanent resident status under this section, if the alien is 
deportable under section 237 of such Act (8 U.S.C. 1227) under a ground 
of deportability applicable to an alien who has been lawfully admitted 
for permanent residence.
    (f) Parole Expiration Tolled.--The expiration date of a period of 
parole shall not apply to an individual under consideration for 
conditional permanent resident status under this section, until such 
time as the Secretary has determined whether to issue conditional 
permanent resident status.
    (g) Periodic Nonadversarial Meetings.--
            (1) In general.--Not later than 180 days after the date on 
        which an individual is conferred conditional permanent resident 
        status under this section, and periodically thereafter, the 
        Office of Refugee Resettlement shall make available 
        opportunities for the individual to participate in a 
        nonadversarial meeting, during which an official of the Office 
        of Refugee Resettlement (or an agency funded by the Office) 
        shall--
                    (A) on request by the individual, assist the 
                individual in a referral or application for applicable 
                benefits administered by the Department of Health and 
                Human Services and completing any applicable paperwork; 
                and
                    (B) answer any questions regarding eligibility for 
                other benefits administered by the United States 
                Government.
            (2) Notification of requirements.--Not later than 7 days 
        before the date on which a meeting under paragraph (1) is 
        scheduled to occur, the Secretary of Health and Human Services 
        shall provide notice to the individual that includes the date 
        of the scheduled meeting and a description of the process for 
        rescheduling the meeting.
            (3) Conduct of meeting.--The Secretary of Health and Human 
        Services shall implement practices to ensure that--
                    (A) meetings under paragraph (1) are conducted in a 
                nonadversarial manner; and
                    (B) interpretation and translation services are 
                provided to individuals granted conditional permanent 
                resident status under this section who have limited 
                English proficiency.
            (4) Rules of construction.--Nothing in this subsection 
        shall be construed--
                    (A) to prevent an individual from electing to have 
                counsel present during a meeting under paragraph (1); 
                or
                    (B) in the event that an individual declines to 
                participate in such a meeting, to affect the 
                individual's conditional permanent resident status 
                under this section or eligibility to have conditions 
                removed in accordance with this section.
    (h) Consideration.--Except with respect to an application for 
naturalization and the benefits described in subsection (p), an 
individual in conditional permanent resident status under this section 
shall be considered to be an alien lawfully admitted for permanent 
residence for purposes of the adjudication of an application or 
petition for a benefit or the receipt of a benefit.
    (i) Notification of Requirements.--Not later than 90 days after the 
date on which the status of an individual is adjusted to that of 
conditional permanent resident status under this section, the Secretary 
shall provide notice to such individual with respect to the provisions 
of this section, including subsection (c)(1) (relating to the conduct 
of assessments) and subsection (g) (relating to periodic nonadversarial 
meetings).
    (j) Application for Naturalization.--The Secretary shall establish 
procedures whereby an individual who would otherwise be eligible to 
apply for naturalization but for having conditional permanent resident 
status, may be considered for naturalization coincident with removal of 
conditions under subsection (c)(2).
    (k) Adjustment of Status Date.--
            (1) In general.--An alien described in paragraph (2) shall 
        be regarded as lawfully admitted for permanent residence as of 
        the date the alien was initially inspected and admitted or 
        paroled into the United States, or July 30, 2021, whichever is 
        later.
            (2) Alien described.--An alien described in this paragraph 
        is an alien who--
                    (A) is described in subparagraphs (A), (B), and (D) 
                of subsection (a)(2), and whose status was adjusted to 
                that of an alien lawfully admitted for permanent 
                residence on or after July 30, 2021, but on or before 
                the date of the enactment of this Act; or
                    (B) is an eligible individual whose status is then 
                adjusted to that of an alien lawfully admitted for 
                permanent residence after the date of the enactment of 
                this Act under any provision of the immigration laws 
                other than this section.
    (l) Parents and Legal Guardians of Unaccompanied Children.--A 
parent or legal guardian of an eligible individual shall be eligible to 
obtain status as an alien lawfully admitted for permanent residence on 
a conditional basis if--
            (1) the eligible individual--
                    (A) was under 18 years of age on the date on which 
                the eligible individual was granted conditional 
                permanent resident status under this section; and
                    (B) was not accompanied by at least one parent or 
                guardian on the date the eligible individual was 
                admitted or paroled into the United States; and
            (2) such parent or legal guardian was admitted or paroled 
        into the United States after the date referred to in paragraph 
        (1)(B).
    (m) Guidance.--
            (1) Interim guidance.--
                    (A) In general.--Not later than 120 days after the 
                date of the enactment of this Act, the Secretary shall 
                issue guidance implementing this section.
                    (B) Publication.--Notwithstanding section 553 of 
                title 5, United States Code, guidance issued pursuant 
                to subparagraph (A)--
                            (i) may be published on the internet 
                        website of the Department of Homeland Security; 
                        and
                            (ii) shall be effective on an interim basis 
                        immediately upon such publication but may be 
                        subject to change and revision after notice and 
                        an opportunity for public comment.
            (2) Final guidance.--
                    (A) In general.--Not later than 180 days after the 
                date of issuance of guidance under paragraph (1), the 
                Secretary shall finalize the guidance implementing this 
                section.
                    (B) Exemption from the administrative procedure 
                act.--Chapter 5 of title 5, United States Code 
                (commonly known as the ``Administrative Procedure 
                Act''), or any other law relating to rulemaking or 
                information collection, shall not apply to the guidance 
                issued under this paragraph.
    (n) Asylum Claims.--
            (1) In general.--With respect to the adjudication of an 
        application for asylum submitted by an eligible individual, 
        section 2502(c) of the Extending Government Funding and 
        Delivering Emergency Assistance Act (8 U.S.C. 1101 note; Public 
        Law 117-43) shall not apply.
            (2) Rule of construction.--Nothing in this section may be 
        construed to prohibit an eligible individual from seeking or 
        receiving asylum under section 208 of the Immigration and 
        Nationality Act (8 U.S.C. 1158).
    (o) Prohibition on Fees.--The Secretary may not charge a fee to any 
eligible individual in connection with the initial issuance under this 
section of--
            (1) a document evidencing status as an alien lawfully 
        admitted for permanent residence or conditional permanent 
        resident status; or
            (2) an employment authorization document.
    (p) Eligibility for Benefits.--
            (1) In general.--Notwithstanding any other provision of 
        law--
                    (A) an individual described in subsection (a) of 
                section 2502 of the Afghanistan Supplemental 
                Appropriations Act, 2022 (8 U.S.C. 1101 note; Public 
                Law 117-43) shall retain his or her eligibility for the 
                benefits and services described in subsection (b) of 
                such section if the individual has a pending 
                application, or is granted adjustment of status, under 
                this section; and
                    (B) such benefits and services shall remain 
                available to the individual to the same extent and for 
                the same periods of time as such benefits and services 
                are otherwise available to refugees who acquire such 
                status.
            (2) Exception from 5-year limited eligibility for means-
        tested public benefits.--Section 403(b)(1) of the Personal 
        Responsibility and Work Opportunity Reconciliation Act of 1996 
        (8 U.S.C. 1613(b)(1)) is amended by adding at the end the 
        following:
                    ``(F) An alien whose status is adjusted under 
                section 313 of the Border Act to that of an alien 
                lawfully admitted for permanent residence or to that of 
                an alien lawfully admitted for permanent residence on a 
                conditional basis.''.
    (q) Rule of Construction.--Nothing in this section may be construed 
to preclude an eligible individual from applying for or receiving any 
immigration benefit to which the individual is otherwise entitled.
    (r) Exemption From Numerical Limitations.--
            (1) In general.--Aliens granted conditional permanent 
        resident status or lawful permanent resident status under this 
        section shall not be subject to the numerical limitations under 
        sections 201, 202, and 203 of the Immigration and Nationality 
        Act (8 U.S.C. 1151, 1152, and 1153).
            (2) Spouse and children beneficiaries.--A spouse or child 
        who is the beneficiary of an immigrant petition under section 
        204 of the Immigration and Nationality Act (8 U.S.C. 1154) 
        filed by an alien who has been granted conditional permanent 
        resident status or lawful permanent resident status under this 
        section, seeking classification of the spouse or child under 
        section 203(a)(2)(A) of that Act (8 U.S.C. 1153(a)(2)(A)) shall 
        not be subject to the numerical limitations under sections 201, 
        202, and 203 of the Immigration and Nationality Act (8 U.S.C. 
        1151, 1152, and 1153).
    (s) Effect on Other Applications.--Notwithstanding any other 
provision of law, in the interest of efficiency, the Secretary may 
pause consideration of any application or request for an immigration 
benefit pending adjudication so as to prioritize an application for 
adjustment of status to an alien lawfully admitted for permanent 
residence under this section.
    (t) Authorization for Appropriations.--There is authorized to be 
appropriated to the Attorney General, the Secretary of Health and Human 
Services, the Secretary, and the Secretary of State such sums as are 
necessary to carry out this section.

SEC. 314. REFUGEE PROCESSES FOR CERTAIN AT-RISK AFGHAN ALLIES.

    (a) Definition of Afghan Ally.--
            (1) In general.--In this section, the term ``Afghan ally'' 
        means an alien who is a citizen or national of Afghanistan, or 
        in the case of an alien having no nationality, an alien who 
        last habitually resided in Afghanistan, who--
                    (A) was--
                            (i) a member of--
                                    (I) the special operations forces 
                                of the Afghanistan National Defense and 
                                Security Forces;
                                    (II) the Afghanistan National Army 
                                Special Operations Command;
                                    (III) the Afghan Air Force; or
                                    (IV) the Special Mission Wing of 
                                Afghanistan;
                            (ii) a female member of any other entity of 
                        the Afghanistan National Defense and Security 
                        Forces, including--
                                    (I) a cadet or instructor at the 
                                Afghanistan National Defense 
                                University; and
                                    (II) a civilian employee of the 
                                Ministry of Defense or the Ministry of 
                                Interior Affairs;
                            (iii) an individual associated with former 
                        Afghan military and police human intelligence 
                        activities, including operators and Department 
                        of Defense sources;
                            (iv) an individual associated with former 
                        Afghan military counterintelligence, 
                        counterterrorism, or counternarcotics;
                            (v) an individual associated with the 
                        former Afghan Ministry of Defense, Ministry of 
                        Interior Affairs, or court system, and who was 
                        involved in the investigation, prosecution or 
                        detention of combatants or members of the 
                        Taliban or criminal networks affiliated with 
                        the Taliban; or
                            (vi) a senior military officer, senior 
                        enlisted personnel, or civilian official who 
                        served on the staff of the former Ministry of 
                        Defense or the former Ministry of Interior 
                        Affairs of Afghanistan; or
                    (B) provided service to an entity or organization 
                described in subparagraph (A) for not less than 1 year 
                during the period beginning on December 22, 2001, and 
                ending on September 1, 2021, and did so in support of 
                the United States mission in Afghanistan.
            (2) Inclusions.--For purposes of this section, the 
        Afghanistan National Defense and Security Forces includes 
        members of the security forces under the Ministry of Defense 
        and the Ministry of Interior Affairs of the Islamic Republic of 
        Afghanistan, including the Afghanistan National Army, the 
        Afghan Air Force, the Afghanistan National Police, and any 
        other entity designated by the Secretary of Defense as part of 
        the Afghanistan National Defense and Security Forces during the 
        relevant period of service of the applicant concerned.
    (b) Refugee Status for Afghan Allies.--
            (1) Designation as refugees of special humanitarian 
        concern.--Afghan allies shall be considered refugees of special 
        humanitarian concern under section 207 of the Immigration and 
        Nationality Act (8 U.S.C. 1157), until the later of 10 years 
        after the date of enactment of this Act or upon determination 
        by the Secretary of State, in consultation with the Secretary 
        of Defense and the Secretary, that such designation is no 
        longer in the interest of the United States.
            (2) Third country presence not required.--Notwithstanding 
        section 101(a)(42) of the Immigration and Nationality Act (8 
        U.S.C. 1101(a)(42)), the Secretary of State and the Secretary 
        shall, to the greatest extent possible, conduct remote refugee 
        processing for an Afghan ally located in Afghanistan.
    (c) Afghan Allies Referral Program.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act--
                    (A) the Secretary of Defense, in consultation with 
                the Secretary of State, shall establish a process by 
                which an individual may apply to the Secretary of 
                Defense for classification as an Afghan ally and 
                request a referral to the United States Refugee 
                Admissions Program; and
                    (B) the head of any appropriate department or 
                agency that conducted operations in Afghanistan during 
                the period beginning on December 22, 2001, and ending 
                on September 1, 2021, in consultation with the 
                Secretary of State, may establish a process by which an 
                individual may apply to the head of the appropriate 
                department or agency for classification as an Afghan 
                ally and request a referral to the United States 
                Refugee Admissions Program.
            (2) Application system.--
                    (A) In general.--The process established under 
                paragraph (1) shall--
                            (i) include the development and maintenance 
                        of a secure online portal through which 
                        applicants may provide information verifying 
                        their status as Afghan allies and upload 
                        supporting documentation; and
                            (ii) allow--
                                    (I) an applicant to submit his or 
                                her own application;
                                    (II) a designee of an applicant to 
                                submit an application on behalf of the 
                                applicant; and
                                    (III) in the case of an applicant 
                                who is outside the United States, the 
                                submission of an application regardless 
                                of where the applicant is located.
                    (B) Use by other agencies.--The Secretary of 
                Defense may enter into arrangements with the head of 
                any other appropriate department or agency so as to 
                allow the application system established under 
                subparagraph (A) to be used by such department or 
                agency.
            (3) Review process.--As soon as practicable after receiving 
        a request for classification and referral described in 
        paragraph (1), the head of the appropriate department or agency 
        shall--
                    (A) review--
                            (i) the service record of the applicant, if 
                        available;
                            (ii) if the applicant provides a service 
                        record or other supporting documentation, any 
                        information that helps verify the service 
                        record concerned, including information or an 
                        attestation provided by any current or former 
                        official of the department or agency who has 
                        personal knowledge of the eligibility of the 
                        applicant for such classification and referral; 
                        and
                            (iii) the data holdings of the department 
                        or agency and other cooperating interagency 
                        partners, including biographic and biometric 
                        records, iris scans, fingerprints, voice 
                        biometric information, hand geometry 
                        biometrics, other identifiable information, and 
                        any other information related to the applicant, 
                        including relevant derogatory information; and
                    (B)(i) in a case in which the head of the 
                department or agency determines that the applicant is 
                an Afghan ally without significant derogatory 
                information, refer the Afghan ally to the United States 
                Refugee Admissions Program as a refugee; and
                            (ii) include with such referral--
                                    (I) any service record concerned, 
                                if available;
                                    (II) if the applicant provides a 
                                service record, any information that 
                                helps verify the service record 
                                concerned; and
                                    (III) any biometrics for the 
                                applicant.
            (4) Review process for denial of request for referral.--
                    (A) In general.--In the case of an applicant with 
                respect to whom the head of the appropriate department 
                or agency denies a request for classification and 
                referral based on a determination that the applicant is 
                not an Afghan ally or based on derogatory information--
                            (i) the head of the department or agency 
                        shall provide the applicant with a written 
                        notice of the denial that provides, to the 
                        maximum extent practicable, a description of 
                        the basis for the denial, including the facts 
                        and inferences, or evidentiary gaps, underlying 
                        the individual determination; and
                            (ii) the applicant shall be provided an 
                        opportunity to submit not more than 1 written 
                        appeal to the head of the department or agency 
                        for each such denial.
                    (B) Deadline for appeal.--An appeal under clause 
                (ii) of subparagraph (A) shall be submitted--
                            (i) not more than 120 days after the date 
                        on which the applicant concerned receives 
                        notice under clause (i) of that subparagraph; 
                        or
                            (ii) on any date thereafter, at the 
                        discretion of the head of the appropriate 
                        department or agency.
                    (C) Request to reopen.--
                            (i) In general.--An applicant who receives 
                        a denial under subparagraph (A) may submit a 
                        request to reopen a request for classification 
                        and referral under the process established 
                        under paragraph (1) so that the applicant may 
                        provide additional information, clarify 
                        existing information, or explain any 
                        unfavorable information.
                            (ii) Limitation.--After considering 1 such 
                        request to reopen from an applicant, the head 
                        of the appropriate department or agency may 
                        deny subsequent requests to reopen submitted by 
                        the same applicant.
            (5) Form and content of referral.--To the extent 
        practicable, the head of the appropriate department or agency 
        shall ensure that referrals made under this subsection--
                    (A) conform to requirements established by the 
                Secretary of State for form and content; and
                    (B) are complete and include sufficient contact 
                information, supporting documentation, and any other 
                material the Secretary of State or the Secretary 
                consider necessary or helpful in determining whether an 
                applicant is entitled to refugee status.
            (6) Termination.--The application process and referral 
        system under this subsection shall terminate upon the later of 
        1 year before the termination of the designation under 
        subsection (b)(1) or on the date of a joint determination by 
        the Secretary of State and the Secretary of Defense, in 
        consultation with the Secretary, that such termination is in 
        the national interest of the United States.
    (d) General Provisions.--
            (1) Prohibition on fees.--The Secretary, the Secretary of 
        Defense, or the Secretary of State may not charge any fee in 
        connection with a request for a classification and referral as 
        a refugee under this section.
            (2) Defense personnel.--Any limitation in law with respect 
        to the number of personnel within the Office of the Secretary 
        of Defense, the military departments, or a Defense Agency (as 
        defined in section 101(a) of title 10, United States Code) 
        shall not apply to personnel employed for the primary purpose 
        of carrying out this section.
            (3) Representation.--An alien applying for admission to the 
        United States under this section may be represented during the 
        application process, including at relevant interviews and 
        examinations, by an attorney or other accredited 
        representative. Such representation shall not be at the expense 
        of the United States Government.
            (4) Protection of aliens.--The Secretary of State, in 
        consultation with the head of any other appropriate Federal 
        agency, shall make a reasonable effort to provide an alien who 
        has been classified as an Afghan ally and has been referred as 
        a refugee under this section protection or to immediately 
        remove such alien from Afghanistan, if possible.
            (5) Other eligibility for immigrant status.--No alien shall 
        be denied the opportunity to apply for admission under this 
        section solely because the alien qualifies as an immediate 
        relative or is eligible for any other immigrant classification.
            (6) Authorization of appropriations.--There are authorized 
        to be appropriated such sums as necessary for each of fiscal 
        years 2024 through 2034 to carry out this section.
    (e) Rule of Construction.--Nothing in this section may be construed 
to inhibit the Secretary of State from accepting refugee referrals from 
any entity.

SEC. 315. IMPROVING EFFICIENCY AND OVERSIGHT OF REFUGEE AND SPECIAL 
              IMMIGRANT PROCESSING.

    (a) Acceptance of Fingerprint Cards and Submissions of 
Biometrics.--In addition to the methods authorized under the heading 
relating to the Immigration and Naturalization Service under title I of 
the Departments of Commerce, Justice, and State, the Judiciary, and 
Related Agencies Appropriations Act of 1998 (Public Law 105-119, 111 
Stat. 2448; 8 U.S.C. 1103 note), and other applicable law, and subject 
to such safeguards as the Secretary, in consultation with the Secretary 
of State or the Secretary of Defense, as appropriate, shall prescribe 
to ensure the integrity of the biometric collection (which shall 
include verification of identity by comparison of such fingerprints 
with fingerprints taken by or under the direct supervision of the 
Secretary prior to or at the time of the individual's application for 
admission to the United States), the Secretary may, in the case of any 
application for any benefit under the Immigration and Nationality Act 
(8 U.S.C. 1101 et seq.), accept fingerprint cards or any other 
submission of biometrics--
            (1) prepared by international or nongovernmental 
        organizations under an appropriate agreement with the Secretary 
        or the Secretary of State;
            (2) prepared by employees or contractors of the Department 
        of Homeland Security or the Department of State; or
            (3) provided by an agency (as defined under section 3502 of 
        title 44, United States Code).
    (b) Staffing.--
            (1) Vetting.--The Secretary of State, the Secretary, the 
        Secretary of Defense, and any other agency authorized to carry 
        out the vetting process under this subtitle, shall each ensure 
        sufficient staffing, and request the resources necessary, to 
        efficiently and adequately carry out the vetting of applicants 
        for--
                    (A) referral to the United States Refugee 
                Admissions Program, consistent with the determinations 
                established under section 207 of the Immigration and 
                Nationality Act (8 U.S.C. 1157); and
                    (B) special immigrant status.
            (2) Refugee resettlement.--The Secretary of Health and 
        Human Services shall ensure sufficient staffing to efficiently 
        provide assistance under chapter 2 of title IV of the 
        Immigration and Nationality Act (8 U.S.C. 1521 et seq.) to 
        refugees resettled in the United States.
    (c) Remote Processing.--Notwithstanding any other provision of law, 
the Secretary of State and the Secretary shall employ remote processing 
capabilities for refugee processing under section 207 of the 
Immigration and Nationality Act (8 U.S.C. 1157), including secure 
digital file transfers, videoconferencing and teleconferencing 
capabilities, remote review of applications, remote interviews, remote 
collection of signatures, waiver of the applicant's appearance or 
signature (other than a final appearance and verification by the oath 
of the applicant prior to or at the time of the individual's 
application for admission to the United States), waiver of signature 
for individuals under 5 years old, and any other capability the 
Secretary of State and the Secretary consider appropriate, secure, and 
likely to reduce processing wait times at particular facilities.
    (d) Monthly Arrival Reports.--With respect to monthly reports 
issued by the Secretary of State relating to United States Refugee 
Admissions Program arrivals, the Secretary of State shall report--
            (1) the number of monthly admissions of refugees, 
        disaggregated by priorities; and
            (2) the number of Afghan allies admitted as refugees.
    (e) Interagency Task Force on Afghan Ally Strategy.--
            (1) Establishment.--Not later than 180 days after the date 
        of the enactment of this Act, the President shall establish an 
        Interagency Task Force on Afghan Ally Strategy (referred to in 
        this section as the ``Task Force'')--
                    (A) to develop and oversee the implementation of 
                the strategy and contingency plan described in 
                subparagraph (A)(i) of paragraph (4); and
                    (B) to submit the report, and provide a briefing on 
                the report, as described in subparagraphs (A) and (B) 
                of paragraph (4).
            (2) Membership.--
                    (A) In general.--The Task Force shall include--
                            (i) 1 or more representatives from each 
                        relevant Federal agency, as designated by the 
                        head of the applicable relevant Federal agency; 
                        and
                            (ii) any other Federal Government official 
                        designated by the President.
                    (B) Relevant federal agency defined.--In this 
                paragraph, the term ``relevant Federal agency'' means--
                            (i) the Department of State;
                            (ii) the Department Homeland Security;
                            (iii) the Department of Defense;
                            (iv) the Department of Health and Human 
                        Services;
                            (v) the Federal Bureau of Investigation; 
                        and
                            (vi) the Office of the Director of National 
                        Intelligence.
            (3) Chair.--The Task Force shall be chaired by the 
        Secretary of State.
            (4) Duties.--
                    (A) Report.--
                            (i) In general.--Not later than 180 days 
                        after the date on which the Task Force is 
                        established, the Task Force, acting through the 
                        chair of the Task Force, shall submit a report 
                        to the appropriate committees of Congress that 
                        includes--
                                    (I) a strategy for facilitating the 
                                resettlement of nationals of 
                                Afghanistan outside the United States 
                                who, during the period beginning on 
                                October 1, 2001, and ending on 
                                September 1, 2021, directly and 
                                personally supported the United States 
                                mission in Afghanistan, as determined 
                                by the Secretary of State in 
                                consultation with the Secretary of 
                                Defense; and
                                    (II) a contingency plan for future 
                                emergency operations in foreign 
                                countries involving foreign nationals 
                                who have worked directly with the 
                                United States Government, including the 
                                Armed Forces of the United States and 
                                United States intelligence agencies.
                            (ii) Elements.--The report required under 
                        clause (i) shall include--
                                    (I) the total number of nationals 
                                of Afghanistan who have pending 
                                specified applications, disaggregated 
                                by--
                                            (aa) such nationals in 
                                        Afghanistan and such nationals 
                                        in a third country;
                                            (bb) type of specified 
                                        application; and
                                            (cc) applications that are 
                                        documentarily complete and 
                                        applications that are not 
                                        documentarily complete;
                                    (II) an estimate of the number of 
                                nationals of Afghanistan who may be 
                                eligible for special immigrant status;
                                    (III) with respect to the strategy 
                                required under subparagraph (A)(i)(I)--
                                            (aa) the estimated number 
                                        of nationals of Afghanistan 
                                        described in such subparagraph;
                                            (bb) a description of the 
                                        process for safely resettling 
                                        such nationals of Afghanistan;
                                            (cc) a plan for processing 
                                        such nationals of Afghanistan 
                                        for admission to the United 
                                        States that--

                                                    (AA) discusses the 
                                                feasibility of remote 
                                                processing for such 
                                                nationals of 
                                                Afghanistan residing in 
                                                Afghanistan;

                                                    (BB) includes any 
                                                strategy for 
                                                facilitating refugee 
                                                and consular processing 
                                                for such nationals of 
                                                Afghanistan in third 
                                                countries, and the 
                                                timelines for such 
                                                processing;

                                                    (CC) includes a 
                                                plan for conducting 
                                                rigorous and efficient 
                                                vetting of all such 
                                                nationals of 
                                                Afghanistan for 
                                                processing;

                                                    (DD) discusses the 
                                                availability and 
                                                capacity of sites in 
                                                third countries to 
                                                process applications 
                                                and conduct any 
                                                required vetting for 
                                                such nationals of 
                                                Afghanistan, including 
                                                the potential to 
                                                establish additional 
                                                sites; and

                                                    (EE) includes a 
                                                plan for providing 
                                                updates and necessary 
                                                information to affected 
                                                individuals and 
                                                relevant 
                                                nongovernmental 
                                                organizations;

                                            (dd) a description of 
                                        considerations, including 
                                        resource constraints, security 
                                        concerns, missing or inaccurate 
                                        information, and diplomatic 
                                        considerations, that limit the 
                                        ability of the Secretary of 
                                        State or the Secretary to 
                                        increase the number of such 
                                        nationals of Afghanistan who 
                                        can be safely processed or 
                                        resettled;
                                            (ee) an identification of 
                                        any resource or additional 
                                        authority necessary to increase 
                                        the number of such nationals of 
                                        Afghanistan who can be 
                                        processed or resettled;
                                            (ff) an estimate of the 
                                        cost to fully implement the 
                                        strategy; and
                                            (gg) any other matter the 
                                        Task Force considers relevant 
                                        to the implementation of the 
                                        strategy;
                                    (IV) with respect to the 
                                contingency plan required by clause 
                                (i)(II)--
                                            (aa) a description of the 
                                        standard practices for 
                                        screening and vetting foreign 
                                        nationals considered to be 
                                        eligible for resettlement in 
                                        the United States, including a 
                                        strategy for vetting, and 
                                        maintaining the records of, 
                                        such foreign nationals who are 
                                        unable to provide 
                                        identification documents or 
                                        biographic details due to 
                                        emergency circumstances;
                                            (bb) a strategy for 
                                        facilitating refugee or 
                                        consular processing for such 
                                        foreign nationals in third 
                                        countries;
                                            (cc) clear guidance with 
                                        respect to which Federal agency 
                                        has the authority and 
                                        responsibility to coordinate 
                                        Federal resettlement efforts;
                                            (dd) a description of any 
                                        resource or additional 
                                        authority necessary to 
                                        coordinate Federal resettlement 
                                        efforts, including the need for 
                                        a contingency fund;
                                            (ee) any other matter the 
                                        Task Force considers relevant 
                                        to the implementation of the 
                                        contingency plan; and
                                    (V) a strategy for the efficient 
                                processing of all Afghan special 
                                immigrant visa applications and 
                                appeals, including--
                                            (aa) a review of current 
                                        staffing levels and needs 
                                        across all interagency offices 
                                        and officials engaged in the 
                                        special immigrant visa process;
                                            (bb) an analysis of the 
                                        expected Chief of Mission 
                                        approvals and denials of 
                                        applications in the pipeline in 
                                        order to project the expected 
                                        number of visas necessary to 
                                        provide special immigrant 
                                        status to all approved 
                                        applicants under this subtitle 
                                        during the several years after 
                                        the date of the enactment of 
                                        this Act;
                                            (cc) an assessment as to 
                                        whether adequate guidelines 
                                        exist for reconsidering or 
                                        reopening applications for 
                                        special immigrant visas in 
                                        appropriate circumstances and 
                                        consistent with applicable 
                                        laws; and
                                            (dd) an assessment of the 
                                        procedures throughout the 
                                        special immigrant visa 
                                        application process, including 
                                        at the Portsmouth Consular 
                                        Center, and the effectiveness 
                                        of communication between the 
                                        Portsmouth Consular Center and 
                                        applicants, including an 
                                        identification of any area in 
                                        which improvements to the 
                                        efficiency of such procedures 
                                        and communication may be made.
                            (iii) Form.--The report required under 
                        clause (i) shall be submitted in unclassified 
                        form but may include a classified annex.
                    (B) Briefing.--Not later than 60 days after 
                submitting the report required by clause (i), the Task 
                Force shall brief the appropriate committees of 
                Congress on the contents of the report.
            (5) Termination.--The Task Force shall remain in effect 
        until the later of--
                    (A) the date on which the strategy required under 
                paragraph (4)(A)(i)(I) has been fully implemented;
                    (B) the date of a determination by the Secretary of 
                State, in consultation with the Secretary of Defense 
                and the Secretary, that a task force is no longer 
                necessary for the implementation of subparagraphs (A) 
                and (B) of paragraph (1); or
                    (C) the date that is 10 years after the date of the 
                enactment of this Act.
    (f) Improving Consultation With Congress.--Section 207 of the 
Immigration and Nationality Act (8 U.S.C. 1157) is amended--
            (1) in subsection (a), by amending paragraph (4) to read as 
        follows:
    ``(4)(A) In the determination made under this subsection for each 
fiscal year (beginning with fiscal year 1992), the President shall 
enumerate, with the respective number of refugees so determined, the 
number of aliens who were granted asylum in the previous year.
    ``(B) In making a determination under paragraph (1), the President 
shall consider the information in the most recently published projected 
global resettlement needs report published by the United Nations High 
Commissioner for Refugees.'';
            (2) in subsection (e), by amending paragraph (2) to read as 
        follows:
            ``(2) A description of the number and allocation of the 
        refugees to be admitted, including the expected allocation by 
        region, and an analysis of the conditions within the countries 
        from which they came.''; and
            (3) by adding at the end the following--
    ``(g) Quarterly Reports on Admissions.--Not later than 30 days 
after the last day of each quarter beginning the fourth quarter of 
fiscal year 2024, the President shall submit to the Committee on 
Homeland Security and Governmental Affairs, the Committee on the 
Judiciary, and the Committee on Foreign Relations of the Senate and the 
Committee on Homeland Security, the Committee on the Judiciary, and the 
Committee on Foreign Affairs of the House of Representatives a report 
that includes the following:
            ``(1) Refugees admitted.--
                    ``(A) The number of refugees admitted to the United 
                States during the preceding quarter.
                    ``(B) The cumulative number of refugees admitted to 
                the United States during the applicable fiscal year, as 
                of the last day of the preceding quarter.
                    ``(C) The number of refugees expected to be 
                admitted to the United States during the remainder of 
                the applicable fiscal year.
                    ``(D) The number of refugees from each region 
                admitted to the United States during the preceding 
                quarter.
            ``(2) Aliens with pending security checks.--With respect 
        only to aliens processed under section 101(a)(27)(N), subtitle 
        C of title III of the Border Act, or section 
        602(b)(2)(A)(ii)(II) of the Afghan Allies Protection Act of 
        2009 (8 U.S.C. 1101 note; Public Law 111-8)--
                    ``(A) the number of aliens, by nationality, 
                security check, and responsible vetting agency, for 
                whom a National Vetting Center or other security check 
                has been requested during the preceding quarter, and 
                the number of aliens, by nationality, for whom the 
                check was pending beyond 30 days; and
                    ``(B) the number of aliens, by nationality, 
                security check, and responsible vetting agency, for 
                whom a National Vetting Center or other security check 
                has been pending for more than 180 days.
            ``(3) Circuit rides.--
                    ``(A) For the preceding quarter--
                            ``(i) the number of Refugee Corps officers 
                        deployed on circuit rides and the overall 
                        number of Refugee Corps officers;
                            ``(ii) the number of individuals 
                        interviewed--
                                    ``(I) on each circuit ride; and
                                    ``(II) at each circuit ride 
                                location;
                            ``(iii) the number of circuit rides; and
                            ``(iv) for each circuit ride, the duration 
                        of the circuit ride.
                    ``(B) For the subsequent 2 quarters, the number of 
                circuit rides planned.
            ``(4) Processing.--
                    ``(A) For refugees admitted to the United States 
                during the preceding quarter, the average number of 
                days between--
                            ``(i) the date on which an individual 
                        referred to the United States Government as a 
                        refugee applicant is interviewed by the 
                        Secretary of Homeland Security; and
                            ``(ii) the date on which such individual is 
                        admitted to the United States.
                    ``(B) For refugee applicants interviewed by the 
                Secretary of Homeland Security in the preceding 
                quarter, the approval, denial, recommended approval, 
                recommended denial, and hold rates for the applications 
                for admission of such individuals, disaggregated by 
                nationality.''.

SEC. 316. SUPPORT FOR CERTAIN VULNERABLE AFGHANS RELATING TO EMPLOYMENT 
              BY OR ON BEHALF OF THE UNITED STATES.

    (a) Special Immigrant Visas for Certain Relatives of Certain 
Members of the Armed Forces.--
            (1) In general.--Section 101(a)(27) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(27)) is amended--
                    (A) in subparagraph (L)(iii), by adding a semicolon 
                at the end;
                    (B) in subparagraph (M), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(N) a citizen or national of Afghanistan who is 
                the parent or brother or sister of--
                            ``(i) a member of the armed forces (as 
                        defined in section 101(a) of title 10, United 
                        States Code); or
                            ``(ii) a veteran (as defined in section 101 
                        of title 38, United States Code).''.
            (2) Numerical limitations.--
                    (A) In general.--Subject to subparagraph (C), the 
                total number of principal aliens who may be provided 
                special immigrant visas under subparagraph (N) of 
                section 101(a)(27) of the Immigration and Nationality 
                Act (8 U.S.C. 1101(a)(27)), as added by paragraph (1), 
                may not exceed 2,500 each fiscal year.
                    (B) Carryover.--If the numerical limitation 
                specified in subparagraph (A) is not reached during a 
                given fiscal year, the numerical limitation specified 
                in such subparagraph for the following fiscal year 
                shall be increased by a number equal to the difference 
                between--
                            (i) the numerical limitation specified in 
                        subparagraph (A) for the given fiscal year; and
                            (ii) the number of principal aliens 
                        provided special immigrant visas under 
                        subparagraph (N) of section 101(a)(27) of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1101(a)(27)) during the given fiscal year.
                    (C) Maximum number of visas.--The total number of 
                aliens who may be provided special immigrant visas 
                under subparagraph (N) of section 101(a)(27) of the 
                Immigration and Nationality Act (8 U.S.C. 1101(a)(27)) 
                shall not exceed 10,000.
                    (D) Duration of authority.--The authority to issue 
                visas under subparagraph (N) of section 101(a)(27) of 
                the Immigration and Nationality Act (8 U.S.C. 
                1101(a)(27)) shall--
                            (i) commence on the date of the enactment 
                        of this Act; and
                            (ii) terminate on the date on which all 
                        such visas are exhausted.
    (b) Certain Afghans Injured or Killed in the Course of 
Employment.--Section 602(b) of the Afghan Allies Protection Act of 2009 
(8 U.S.C. 1101 note; Public Law 111-8) is amended--
            (1) in paragraph (2)(A)--
                    (A) by amending clause (ii) to read as follows:
                            ``(ii)(I) was or is employed in Afghanistan 
                        on or after October 7, 2001, for not less than 
                        1 year--
                                    ``(aa) by, or on behalf of, the 
                                United States Government; or
                                    ``(bb) by the International 
                                Security Assistance Force (or any 
                                successor name for such Force) in a 
                                capacity that required the alien--
                                            ``(AA) while traveling off-
                                        base with United States 
                                        military personnel stationed at 
                                        the International Security 
                                        Assistance Force (or any 
                                        successor name for such Force), 
                                        to serve as an interpreter or 
                                        translator for such United 
                                        States military personnel; or
                                            ``(BB) to perform 
                                        activities for the United 
                                        States military personnel 
                                        stationed at International 
                                        Security Assistance Force (or 
                                        any successor name for such 
                                        Force); or
                            ``(II) in the case of an alien who was 
                        wounded or seriously injured in connection with 
                        employment described in subclause (I), was 
                        employed for any period until the date on which 
                        such wound or injury occurred, if the wound or 
                        injury prevented the alien from continuing such 
                        employment;''; and
                    (B) in clause (iii), by striking ``clause (ii)'' 
                and inserting ``clause (ii)(I)'';
            (2) in paragraph (13)(A)(i), by striking ``subclause (I) or 
        (II)(bb) of paragraph (2)(A)(ii)'' and inserting ``item (aa) or 
        (bb)(BB) of paragraph (2)(A)(ii)(I)'';
            (3) in paragraph (14)(C), by striking ``paragraph 
        (2)(A)(ii)'' and inserting ``paragraph (2)(A)(ii)(I)''; and
            (4) in paragraph (15), by striking ``paragraph (2)(A)(ii)'' 
        and inserting ``paragraph (2)(A)(ii)(I)''.
    (c) Extension of Special Immigrant Visa Program Under Afghan Allies 
Protection Act of 2009.--Section 602(b) of the Afghan Allies Protection 
Act of 2009 (8 U.S.C. 1101 note; Public Law 111-8) is amended--
            (1) in paragraph (3)(F)--
                    (A) in the subparagraph heading, by striking 
                ``Fiscal years 2015 through 2022'' and inserting 
                ``Fiscal years 2015 through 2029''; and
                    (B) in clause (i), by striking ``December 31, 
                2024'' and inserting ``December 31, 2029''; and
                    (C) in clause (ii), by striking ``December 31, 
                2024'' and inserting ``December 31, 2029''; and
            (2) in paragraph (13), in the matter preceding subparagraph 
        (A), by striking ``January 31, 2024'' and inserting ``January 
        31, 2030''.
    (d) Authorization of Virtual Interviews.--Section 602(b)(4) of the 
Afghan Allies Protection Act of 2009 ( 8 U.S.C. 1101 note; Public Law 
111-8;) is amended by adding at the end the following:
                    ``(D) Virtual interviews.--Notwithstanding section 
                222(e) of the Immigration and Nationality Act (8 U.S.C. 
                1202(e)), an application for an immigrant visa under 
                this section may be signed by the applicant through a 
                virtual video meeting before a consular officer and 
                verified by the oath of the applicant administered by 
                the consular officer during a virtual video meeting.''.
    (e) Quarterly Reports.--Paragraph (12) of section 602(b) of the 
Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note; Public Law 
111-8) is amended is amended to read as follows:
            ``(12) Quarterly reports.--
                    ``(A) Report to congress.--Not later than 120 days 
                after the date of enactment of the Border Act and every 
                90 days thereafter, the Secretary of State and the 
                Secretary of Homeland Security, in consultation with 
                the Secretary of Defense, shall submit to the 
                appropriate committees of Congress a report that 
                includes the following:
                            ``(i) For the preceding quarter--
                                    ``(I) a description of improvements 
                                made to the processing of special 
                                immigrant visas and refugee processing 
                                for citizens and nationals of 
                                Afghanistan;
                                    ``(II) the number of new Afghan 
                                referrals to the United States Refugee 
                                Admissions Program, disaggregated by 
                                referring entity;
                                    ``(III) the number of interviews of 
                                Afghans conducted by U.S. Citizenship 
                                and Immigration Services, disaggregated 
                                by the country in which such interviews 
                                took place;
                                    ``(IV) the number of approvals and 
                                the number of denials of refugee status 
                                requests for Afghans;
                                    ``(V) the number of total 
                                admissions to the United States of 
                                Afghan refugees;
                                    ``(VI) number of such admissions, 
                                disaggregated by whether the refugees 
                                come from within, or outside of, 
                                Afghanistan;
                                    ``(VII) the average processing time 
                                for citizens and nationals of 
                                Afghanistan who are applicants for 
                                referral under section 314 of the 
                                Border Act;
                                    ``(VIII) the number of such cases 
                                processed within such average 
                                processing time; and
                                    ``(IX) the number of denials issued 
                                with respect to applications by 
                                citizens and nationals of Afghanistan 
                                for referrals under section 314 of the 
                                Border Act.
                            ``(ii) The number of applications by 
                        citizens and nationals of Afghanistan for 
                        refugee referrals pending as of the date of 
                        submission of the report.
                            ``(iii) A description of the efficiency 
                        improvements made in the process by which 
                        applications for special immigrant visas under 
                        this subsection are processed, including 
                        information described in clauses (iii) through 
                        (viii) of paragraph (11)(B).
                    ``(B) Form of report.--Each report required by 
                subparagraph (A) shall be submitted in unclassified 
                form but may contain a classified annex.
                    ``(C) Public posting.--The Secretary of State shall 
                publish on the website of the Department of State the 
                unclassified portion of each report submitted under 
                subparagraph (A).''.
    (f) General Provisions.--
            (1) Prohibition on fees.--The Secretary, the Secretary of 
        Defense, or the Secretary of State may not charge any fee in 
        connection with an application for, or issuance of, a special 
        immigrant visa or special immigrant status under--
                    (A) section 602 of the Afghan Allies Protection Act 
                of 2009 (8 U.S.C. 1101 note; Public Law 111-8);
                    (B) section 1059 of the National Defense 
                Authorization Act for Fiscal Year 2006 (8 U.S.C. 1101 
                note; Public Law 109-163); or
                    (C) subparagraph (N) of section 101(a)(27) of the 
                Immigration and Nationality Act (8 U.S.C. 1101(a)(27)), 
                as added by subsection (a)(1).
            (2) Defense personnel.--Any limitation in law with respect 
        to the number of personnel within the Office of the Secretary 
        of Defense, the military departments, or a Defense Agency (as 
        defined in section 101(a) of title 10, United States Code) 
        shall not apply to personnel employed for the primary purpose 
        of carrying out this section.
            (3) Protection of aliens.--The Secretary of State, in 
        consultation with the head of any other appropriate Federal 
        agency, shall make a reasonable effort to provide an alien who 
        is seeking status as a special immigrant under subparagraph (N) 
        of section 101(a)(27) of the Immigration and Nationality Act (8 
        U.S.C. 1101(a)(27)), as added by subsection (a)(1), protection 
        or to immediately remove such alien from Afghanistan, if 
        possible.
            (4) Resettlement support.--A citizen or national of 
        Afghanistan who is admitted to the United States under this 
        section or an amendment made by this section shall be eligible 
        for resettlement assistance, entitlement programs, and other 
        benefits available to refugees admitted under section 207 of 
        the Immigration and Nationality Act (8 U.S.C. 1157) to the same 
        extent, and for the same periods of time, as such refugees.

SEC. 317. SUPPORT FOR ALLIES SEEKING RESETTLEMENT IN THE UNITED STATES.

    Notwithstanding any other provision of law, during the period 
beginning on the date of the enactment of this Act and ending on the 
date that is 10 years thereafter, the Secretary and the Secretary of 
State may waive any fee or surcharge or exempt individuals from the 
payment of any fee or surcharge collected by the Department of Homeland 
Security and the Department of State, respectively, in connection with 
a petition or application for, or issuance of, an immigrant visa to a 
national of Afghanistan under section 201(b)(2)(A)(i) or 203(a) of the 
Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i) and 
1153(a)), respectively.

SEC. 318. REPORTING.

    (a) Quarterly Reports.--Beginning on January 1, 2028, not less 
frequently than quarterly, the Secretary shall submit to the Committee 
on the Judiciary of the Senate and the Committee on the Judiciary of 
the House of Representatives a report that includes, for the preceding 
quarter--
            (1) the number of individuals granted conditional permanent 
        resident status under section 313, disaggregated by the number 
        of such individuals for whom conditions have been removed;
            (2) the number of individuals granted conditional permanent 
        resident status under section 313 who have been determined to 
        be ineligible for removal of conditions (and the reasons for 
        such determination); and
            (3) the number of individuals granted conditional permanent 
        resident status under section 313 for whom no such 
        determination has been made (and the reasons for the lack of 
        such determination).
    (b) Annual Reports.--Not less frequently than annually, the 
Secretary, in consultation with the Attorney General, shall submit to 
the appropriate committees of Congress a report that includes for the 
preceding year, with respect to individuals granted conditional 
permanent resident status under section 313--
            (1) the number of such individuals who are placed in 
        removal proceedings under section 240 of the Immigration and 
        Nationality Act (8 U.S.C. 1229a) charged with a ground of 
        deportability under subsection (a)(2) of section 237 of that 
        Act (8 U.S.C. 1227), disaggregated by each applicable ground 
        under that subsection;
            (2) the number of such individuals who are placed in 
        removal proceedings under section 240 of the Immigration and 
        Nationality Act (8 U.S.C. 1229a) charged with a ground of 
        deportability under subsection (a)(3) of section 237 of that 
        Act (8 U.S.C. 1227), disaggregated by each applicable ground 
        under that subsection;
            (3) the number of final orders of removal issued pursuant 
        to proceedings described in paragraphs (1) and (2), 
        disaggregated by each applicable ground of deportability;
            (4) the number of such individuals for whom such 
        proceedings are pending, disaggregated by each applicable 
        ground of deportability; and
            (5) a review of the available options for removal from the 
        United States, including any changes in the feasibility of such 
        options during the preceding year.

                 TITLE IV--PROMOTING LEGAL IMMIGRATION

SEC. 401. EMPLOYMENT AUTHORIZATION FOR FIANCES, FIANCEES, SPOUSES, AND 
              CHILDREN OF UNITED STATES CITIZENS AND SPECIALTY WORKERS.

    Section 214(c) of the Immigration and Nationality Act (8 U.S.C. 
1184(c)) is amended by adding at the end the following:
    ``(15) The Secretary of Homeland Security shall authorize an alien 
fiance, fiancee, or spouse admitted pursuant to clause (i) or (ii) of 
section 101(a)(15)(K), or any child admitted pursuant to section 
101(a)(15)(K)(iii) to engage in employment in the United States 
incident to such status and shall provide the alien with an `employment 
authorized' endorsement during the period of authorized admission.
    ``(16) Upon the receipt of a completed petition described in 
subparagraph (E) or (F) of section 204(a)(1) for a principal alien who 
has been admitted pursuant to section 101(a)(15)(H)(i)(b), the 
Secretary of Homeland Security shall authorize the alien spouse or 
child of such principal alien who has been admitted under section 
101(a)(15)(H) to accompany or follow to join a principal alien admitted 
under such section, to engage in employment in the United States 
incident to such status and shall provide the alien with an `employment 
authorized' endorsement during the period of authorized admission.''.

SEC. 402. ADDITIONAL VISAS.

    Section 201 of the Immigration and Nationality Act (8 U.S.C. 1151) 
is amended--
            (1) in subsection (c)--
                    (A) by adding at the end the following:
    ``(6)(A) For fiscal years 2025, 2026, 2027, 2028, and 2029--
            ``(i) 512,000 shall be substituted for 480,000 in paragraph 
        (1)(A)(i); and
            ``(ii) 258,000 shall be substituted for 226,000 in 
        paragraph (1)(B)(i)(i) of that paragraph.
    ``(B) The additional visas authorized under subparagraph (A)--
            ``(i) shall be issued each fiscal year;
            ``(ii) shall remain available in any fiscal year until 
        issued; and
            ``(iii) shall be allocated in accordance with this section 
        and sections 202 and 203.''; and
            (2) in subsection (d), by adding at the end the following:
    ``(3)(A) For fiscal years 2025, 2026, 2027, 2028, and 2029, 158,000 
shall be substituted for 140,000 in paragraph (1)(A).
    ``(B) The additional visas authorized under subparagraph (A)--
            ``(i) shall be issued each fiscal year;
            ``(ii) shall remain available in any fiscal year until 
        issued; and
            ``(iii) shall be allocated in accordance with this section 
        and sections 202 and 203.''.

SEC. 403. CHILDREN OF LONG-TERM VISA HOLDERS.

    (a) Maintaining Family Unity for Children of Long-term H-1B 
Nonimmigrants Affected by Delays in Visa Availability.--Section 203(h) 
of the Immigration and Nationality Act (8 U.S.C. 1153(h)) is amended by 
adding at the end the following:
            ``(6) Child status determination for certain dependent 
        children of h-1b nonimmigrants.--
                    ``(A) Determinative factors.--For purposes of 
                subsection (d), the determination of whether an alien 
                described in subparagraph (B) satisfies the age and 
                marital status requirements set forth in section 
                101(b)(1) shall be made using the alien's age and 
                marital status on the date on which an initial petition 
                as a nonimmigrant described in section 
                101(a)(15)(H)(i)(b) was filed on behalf of the alien's 
                parent, if such petition was approved.
                    ``(B) Alien described.--An alien is described in 
                this subparagraph if such alien--
                            ``(i) maintained, for an aggregate period 
                        of at least 8 years before reaching 21 years of 
                        age, the status of a dependent child of a 
                        nonimmigrant described in section 
                        101(a)(15)(H)(i)(b) pursuant to a lawful 
                        admission; and
                            ``(ii)(I) sought to acquire the status of 
                        an alien lawfully admitted for permanent 
                        residence during the 2-year period beginning on 
                        the date on which an immigrant visa became 
                        available to such alien; or
                            ``(II) demonstrates, by clear and 
                        convincing evidence, that the alien's failure 
                        to seek such status during such 2-year period 
                        was due to extraordinary circumstances.''.
    (b) Nonimmigrant Dependent Children of H-1b Nonimmigrants.--Section 
214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended 
by adding at the end the following:
    ``(s) Child Derivative Beneficiaries of H-1b Nonimmigrants.--
            ``(1) Age determination.--In the case of an alien who 
        maintained, for an aggregate period of at least 8 years before 
        reaching 21 years of age, the status of a dependent child of a 
        nonimmigrant described in section 101(a)(15)(H)(i)(b) pursuant 
        to a lawful admission, such alien's age shall be determined 
        based on the date on which an initial petition for 
        classification under such section was filed on behalf of the 
        alien's parent, if such petition is approved.
            ``(2) Long-term dependents.--Notwithstanding the alien's 
        actual age or marital status, an alien who is determined to be 
        a child under paragraph (1) and is otherwise eligible may 
        change status to, or extend status as, a dependent child of a 
        nonimmigrant described in section 101(a)(15)(H)(i)(b) if the 
        alien's parent--
                    ``(A) maintains lawful status under such section;
                    ``(B) has an employment-based immigrant visa 
                petition that has been approved pursuant to section 
                203(b); and
                    ``(C) has not yet had an opportunity to seek an 
                immigrant visa or adjust status under section 245.
            ``(3) Employment authorization.--An alien who is determined 
        to be a child under paragraph (1) is authorized to engage in 
        employment in the United States incident to the status of his 
        or her nonimmigrant parent.
            ``(4) Surviving relative consideration.--Notwithstanding 
        the death of the qualifying relative, an alien who is 
        determined to be a child under paragraph (1) is authorized to 
        extend status as a dependent child of a nonimmigrant described 
        in section 101(a)(15)(H)(i)(b).''.
    (c) Motion to Reopen or Reconsider.--
            (1) In general.--A motion to reopen or reconsider the 
        denial of a petition under section 204 of the Immigration and 
        Nationality Act (8 U.S.C. 1154) and a subsequent application 
        for an immigrant visa or adjustment of status under section 245 
        of the Immigration and Nationality Act (8 U.S.C. 1255), may be 
        granted if--
                    (A) such petition or application would have been 
                approved if--
                            (i) section 203(h)(6) of the Immigration 
                        and Nationality Act, as added by subsection 
                        (a), had been in effect when the petition or 
                        application was adjudicated; and
                            (ii) the person concerned remains eligible 
                        for the requested benefit;
                    (B) the individual seeking relief pursuant to such 
                motion was in the United States at the time the 
                underlying petition or application was filed; and
                    (C) such motion is filed with the Secretary or the 
                Attorney General not later than the date that is 2 
                years after the date of the enactment of this Act.
            (2) Protection from removal.--Notwithstanding any other 
        provision of the law, the Attorney General and the Secretary--
                    (A) may not initiate removal proceedings against or 
                remove any alien who has a pending nonfrivolous motion 
                under paragraph (1) or is seeking to file such a motion 
                unless--
                            (i) the alien is a danger to the community 
                        or a national security risk; or
                            (ii) initiating a removal proceeding with 
                        respect to such alien is in the public 
                        interest; and
                    (B) shall provide aliens with a reasonable 
                opportunity to file such a motion.
            (3) Employment authorization.--An alien with a pending, 
        nonfrivolous motion under this subsection shall be authorized 
        to engage in employment through the date on which a final 
        administrative decision regarding such motion has been made.

SEC. 404. MILITARY NATURALIZATION MODERNIZATION.

    (a) In General.--Chapter 2 of title III of the Immigration and 
Nationality Act (8 U.S.C. 1421 et seq.) is amended--
            (1) by striking section 328 (8 U.S.C. 1439); and
            (2) in section 329 (8 U.S.C. 1440)--
                    (A) by amending the section heading to read as 
                follows: ``naturalization through service in the 
                selected reserve or in active-duty status.--'';
                    (B) in subsection (a)--
                            (i) in the matter preceding paragraph (1), 
                        by striking ``during either'' and all that 
                        follows through ``foreign force'';
                            (ii) in paragraph (1)--
                                    (I) by striking ``America Samoa, or 
                                Swains Island'' and inserting 
                                ``American Samoa, Swains Island, or any 
                                of the freely associated States (as 
                                defined in section 611(b)(1)(C) of the 
                                Individuals with Disabilities Education 
                                Act (20 U.S.C. 1411(b)(1)(C)),''; and
                                    (II) by striking ``he'' and 
                                inserting ``such person''; and
                            (iii) in paragraph (2), by striking ``in an 
                        active-duty status, and whether separation from 
                        such service was under honorable conditions'' 
                        and inserting ``in accordance with subsection 
                        (b)(3)''; and
                    (C) in subsection (b)--
                            (i) in paragraph (1), by striking ``he'' 
                        and inserting ``such person''; and
                            (ii) in paragraph (3), by striking ``an 
                        active-duty status'' and all that follows 
                        through ``foreign force, and'' and inserting 
                        ``in an active status (as defined in section 
                        101(d) of title 10, United States Code), in the 
                        Selected Reserve of the Ready Reserve, or on 
                        active duty (as defined in such section) and, 
                        if separated''.
    (b) Clerical Amendment.--The table of contents for the Immigration 
and Nationality Act (8 U.S.C. 1101 et seq.) is amended by striking the 
items relating to sections 328 and 329 and inserting the following:

``Sec. 329. Naturalization through service in the Selected Reserve or 
                            in active-duty status.''.

SEC. 405. TEMPORARY FAMILY VISITS.

    (a) Establishment of New Nonimmigrant Visa Subcategory.--Section 
101(a)(15)(B) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(B)) is amended by striking ``temporarily for business or 
temporarily for pleasure;'' and inserting ``temporarily for--
                    ``(i) business;
                    ``(ii) pleasure; or
                    ``(iii) family purposes;''.
    (b) Requirements Applicable to Family Purposes Visas.--Section 214 
of the Immigration and Nationality Act (8 U.S.C. 1184), as amended by 
section 403(b), is further amended by adding at the end the following:
    ``(t) Requirements Applicable to Family Purposes Visas.--
            ``(1) Defined term.--In this subsection and in section 
        101(a)(15)(B)(iii), the term `family purposes' means any visit 
        by a relative for a social, occasional, major life, or 
        religious event, or for any other purpose.
            ``(2) Family purposes visa.--Except as provided in 
        paragraph (3), family travel for pleasure is authorized 
        pursuant to the policies, terms, and conditions in effect on 
        the day before the date of the enactment of the Border Act.
            ``(3) Special rules for family purposes visas for aliens 
        awaiting immigrant visas.--
                    ``(A) Notification of approved petition.--A visa 
                may not be issued to a relative under section 
                101(a)(15)(B)(iii) until after the consular officer is 
                notified that the Secretary of Homeland Security has 
                approved a petition filed in the United States by a 
                family member of the relative who is a United States 
                citizen or lawful permanent resident.
                    ``(B) Petition.--A petition referred to in 
                subparagraph (A) shall--
                            ``(i) be in such form and contain such 
                        information as the Secretary may prescribe by 
                        regulation; and
                            ``(ii) shall include--
                                    ``(I) a declaration of financial 
                                support, affirming that the petitioner 
                                will provide financial support to the 
                                relative for the duration of his or her 
                                temporary stay in the United States;
                                    ``(II) evidence that the relative 
                                has--
                                            ``(aa) obtained, for the 
                                        duration of his or her stay in 
                                        the United States, a short-term 
                                        travel medical insurance 
                                        policy; or
                                            ``(bb) an existing health 
                                        insurance policy that provides 
                                        coverage for international 
                                        medical expenses; and
                                    ``(III) a declaration from the 
                                relative, under penalty of perjury, 
                                affirming the relative's--
                                            ``(aa) intent to depart the 
                                        United States at the conclusion 
                                        of the relative's period of 
                                        authorized admission; and
                                            ``(bb) awareness of the 
                                        penalties for overstaying such 
                                        period of authorized admission.
            ``(4) Petitioner eligibility.--
                    ``(A) In general.--Absent extraordinary 
                circumstances, an individual may not petition for the 
                admission of a relative as a nonimmigrant described in 
                section 101(a)(15)(B)(iii) if such individual 
                previously petitioned for the admission of such a 
                relative who--
                            ``(i) was admitted to the United States 
                        pursuant to a visa issued under such section as 
                        a result of such petition; and
                            ``(ii) overstayed his or her period of 
                        authorized admission.
                    ``(B) Previous petitioners.--
                            ``(i) In general.--An individual filing a 
                        declaration of financial support on behalf of a 
                        relative seeking admission as a nonimmigrant 
                        described in section 101(a)(15)(B)(iii) who has 
                        previously provided a declaration of financial 
                        support for such a relative shall--
                                    ``(I) certify to the Secretary of 
                                Homeland Security that the relative 
                                whose admission the individual 
                                previously supported did not overstay 
                                his or her period of authorized 
                                admission; or
                                    ``(II) explain why the relative's 
                                overstay was due to extraordinary 
                                circumstances beyond the control of the 
                                relative.
                            ``(ii) Criminal penalty for false 
                        statement.--A certification under clause (i)(I) 
                        shall be subject to the requirements under 
                        section 1001 of title 18, United States Code.
                    ``(C) Waiver.--The Secretary of Homeland Security 
                may waive the application of section 212(a)(9)(B) in 
                the case of a nonimmigrant described in section 
                101(a)(15)(B)(iii) who overstayed his or her period of 
                authorized admission due to extraordinary circumstances 
                beyond the control of the nonimmigrant.''.
    (c) Restriction on Change of Status.--Section 248(a)(1) of the 
Immigration and Nationality Act (8 U.S.C. 1258(a)(1)) is amended by 
inserting ``(B)(iii),'' after ``subparagraph''.
    (d) Family Purpose Visa Eligibility While Awaiting Immigrant 
Visa.--
            (1) In general.--Notwithstanding section 214(b) of the 
        Immigration and Nationality Act (8 U.S.C. 1184(b)), a 
        nonimmigrant described in section 101(a)(15)(B)(iii) of such 
        Act, as added by subsection (a), who has been classified as an 
        immigrant under section 201 of such Act (8 U.S.C. 1151) and is 
        awaiting the availability of an immigrant visa subject to the 
        numerical limitations under section 203 of such Act (8 U.S.C. 
        1153) may be admitted pursuant to a family purposes visa, in 
        accordance with section 214(t) of such Act, as added by 
        subsection (b), if the individual is otherwise eligible for 
        admission.
            (2) Limitation.--An alien admitted under section 
        101(a)(15)(B)(iii) of the Immigration and Nationality Act, 
        pursuant to section 214(t)(3) of such Act, as added by 
        subsection (b), may not be considered to have been admitted to 
        the United States for purposes of section 245(a) of such Act (8 
        U.S.C. 1255(a)).
    (e) Rule of Construction.--Nothing in this section, or in the 
amendments made by this section, may be construed as--
            (1) limiting the authority of immigration officers to 
        refuse to admit to the United States an applicant under section 
        101(a)(15)(B)(iii) of the Immigration and Nationality Act, as 
        added by subsection (a), who fails to meet 1 or more of the 
        criteria under section 214(t) of such Act, as added by 
        subsection (b), or who is inadmissible under section 212(a) of 
        such Act (8 U.S.C. 1182(a)); or
            (2) precluding the use of section 101(a)(15)(B)(ii) of the 
        Immigration and Nationality Act, as added by subsection (a), 
        for family travel for pleasure in accordance with the policies 
        and procedures in effect on the day before the date of the 
        enactment of this Act.

               TITLE V--SELF-SUFFICIENCY AND DUE PROCESS

                    Subtitle A--Work Authorizations

SEC. 501. WORK AUTHORIZATION.

    Section 208(d)(2) of the Immigration and Nationality Act (8 U.S.C. 
1158(d)(2)) is amended to read as follows:
            ``(2) Employment eligibility.--Except as provided in 
        section 235C--
                    ``(A) an applicant for asylum is not entitled to 
                employment authorization, but such authorization may be 
                provided by the Secretary of Homeland Security by 
                regulation; and
                    ``(B) an applicant who is not otherwise eligible 
                for employment authorization may not be granted 
                employment authorization under this section before the 
                date that is 180 days after the date on which the 
                applicant files an application for asylum.''.

SEC. 502. EMPLOYMENT ELIGIBILITY.

    (a) In General.--Chapter 4 of title II of the Immigration and 
Nationality Act (8 U.S.C. 1221 et seq.), as amended by section 141(a), 
is further amended by adding at the end the following:

``SEC. 235C. EMPLOYMENT ELIGIBILITY.

    ``(a) Expedited Employment Eligibility.--
            ``(1) In general.--The Secretary of Homeland Security shall 
        authorize employment for any alien who--
                    ``(A)(i) is processed under the procedures 
                described in section 235(b)(1) and receives a positive 
                protection determination pursuant to such procedures; 
                or
                    ``(ii)(I) is processed under the procedures 
                described in section 235B; and
                    ``(II)(aa) receives a positive protection 
                determination and is subsequently referred under 
                section 235B(c)(2)(B)(i) for a protection merits 
                interview; or
                    ``(bb) is referred under section 235B(f)(1) for a 
                protection merits interview; and
                    ``(B) is released from the physical custody of the 
                Secretary of Homeland Security.
            ``(2) Application.--The Secretary of Homeland Security 
        shall grant employment authorization to--
                    ``(A) an alien described in paragraph (1)(A)(i) 
                immediately upon such alien's release from physical 
                custody;
                    ``(B) an alien described in paragraph 
                (1)(A)(ii)(II)(aa) at the time such alien receives a 
                positive protection determination or is referred for a 
                protection merits interview; and
                    ``(C) an alien described in paragraph 
                (1)(A)(ii)(II)(bb) on the date that is 30 days after 
                the date on which such alien files an application 
                pursuant to section 235B(f).
    ``(b) Term.--Employment authorization under this section--
            ``(1) shall be for an initial period of 2 years; and
            ``(2) shall be renewable, as applicable--
                    ``(A) for additional 2-year periods while the alien 
                is in protection merits removal proceedings, including 
                while the outcome of the protection merits interview is 
                under administrative or judicial review; or
                    ``(B) until the date on which--
                            ``(i) the alien receives a negative 
                        protection merits determination; or
                            ``(ii) the alien otherwise receives 
                        employment authorization under any other 
                        provision of this Act.
    ``(c) Rules of Construction.--
            ``(1) Detention.--Nothing in this section may be construed 
        to expand or restrict the authority of the Secretary of 
        Homeland Security to detain or release from detention an alien, 
        if such detention or release from detention is authorized by 
        law.
            ``(2) Limitation on authority.--The Secretary of Homeland 
        Security may not authorize for employment in the United States 
        an alien being processed under section 235(b)(1) or 235B in any 
        circumstance not explicitly described in this section.''.
    (b) Conforming Amendment.--The table of contents for the 
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by 
inserting after the item relating to section 235B, as added by section 
141(b), the following:

``Sec. 235C. Employment eligibility.''.

                   Subtitle B--Protecting Due Process

SEC. 511. ACCESS TO COUNSEL.

    (a) In General.--Section 235(b)(1)(B)(iv) of the Immigration and 
Nationality Act (8 U.S.C. 1225(b)(1)(B)(iv)) is amended to read as 
follows:
                            ``(iv) Information about protection 
                        determinations.--
                                    ``(I) In general.--The Secretary of 
                                Homeland Security shall provide an 
                                alien with information in plain 
                                language regarding protection 
                                determinations conducted under this 
                                section, including the information 
                                described in subclause (II)--
                                            ``(aa) at the time of the 
                                        initial processing of the 
                                        alien; and
                                            ``(bb) to the maximum 
                                        extent practicable, in the 
                                        alien's native language or in a 
                                        language the alien understands.
                                    ``(II) Information described.--The 
                                information described in this subclause 
                                is information relating to--
                                            ``(aa) the rights and 
                                        obligations of the alien during 
                                        a protection determination;
                                            ``(bb) the process by which 
                                        a protection determination is 
                                        conducted;
                                            ``(cc) the procedures to be 
                                        followed by the alien in a 
                                        protection determination; and
                                            ``(dd) the possible 
                                        consequences of--

                                                    ``(AA) not 
                                                complying with the 
                                                obligations referred to 
                                                in item (aa); and

                                                    ``(BB) not 
                                                cooperating with 
                                                Federal authorities.

                                    ``(III) Accessibility.--An alien 
                                who has a limitation that renders the 
                                alien unable to read written materials 
                                provided under subclause (I) shall 
                                receive an interpretation of such 
                                materials in the alien's native 
                                language, to the maximum extent 
                                practicable, or in a language and 
                                format the alien understands.
                                    ``(IV) Timing of protection 
                                determination.--
                                            ``(aa) In general.--The 
                                        protection determination of an 
                                        alien shall not occur earlier 
                                        than 72 hours after the 
                                        provision of the information 
                                        described in subclauses (I) and 
                                        (II).
                                            ``(bb) Waiver.--An alien 
                                        may--

                                                    ``(AA) waive the 
                                                72-hour requirement 
                                                under item (aa) only if 
                                                the alien knowingly and 
                                                voluntarily does so, 
                                                only in a written 
                                                format or in an 
                                                alternative record if 
                                                the alien is unable to 
                                                write, and only after 
                                                the alien receives the 
                                                information required to 
                                                be provided under 
                                                subclause (I); and

                                                    ``(BB) consult with 
                                                an individual of the 
                                                alien's choosing in 
                                                accordance with 
                                                subclause (V) before 
                                                waiving such 
                                                requirement.

                                    ``(V) Consultation.--
                                            ``(aa) In general.--An 
                                        alien who is eligible for a 
                                        protection determination may 
                                        consult with one or more 
                                        individuals of the alien's 
                                        choosing before the screening 
                                        or interview, or any review of 
                                        such a screening or interview, 
                                        in accordance with regulations 
                                        prescribed by the Secretary of 
                                        Homeland Security.
                                            ``(bb) Limitation.--
                                        Consultation described in item 
                                        (aa) shall be at no expense to 
                                        the Federal Government.
                                            ``(cc) Participation in 
                                        interview.--An individual 
                                        chosen by the alien may 
                                        participate in the protection 
                                        determination of the alien 
                                        conducted under this 
                                        subparagraph.
                                            ``(dd) Access.--The 
                                        Secretary of Homeland Security 
                                        shall ensure that a detained 
                                        alien has effective access to 
                                        the individuals chosen by the 
                                        alien, which may include 
                                        physical access, telephonic 
                                        access, and access by 
                                        electronic communication.
                                            ``(ee) Inclusions.--
                                        Consultations under this 
                                        subclause may include--

                                                    ``(AA) consultation 
                                                with an individual 
                                                authorized by the 
                                                Department of Justice 
                                                through the Recognition 
                                                and Accreditation 
                                                Program; and

                                                    ``(BB) consultation 
                                                with an attorney 
                                                licensed under 
                                                applicable law.

                                            ``(ff) Rules of 
                                        construction.--Nothing in this 
                                        subclause may be construed--

                                                    ``(AA) to require 
                                                the Federal Government 
                                                to pay for any 
                                                consultation authorized 
                                                under item (aa);

                                                    ``(BB) to 
                                                invalidate or limit the 
                                                remedies, rights, and 
                                                procedures of any 
                                                Federal law that 
                                                provides protection for 
                                                the rights of 
                                                individuals with 
                                                disabilities; or

                                                    ``(CC) to 
                                                contravene or limit the 
                                                obligations under the 
                                                Vienna Convention on 
                                                Consular Relations done 
                                                at Vienna April 24, 
                                                1963.''.

    (b) Conforming Amendment.--Section 238(a)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1228(a)(2)) is amended by striking ``make 
reasonable efforts to ensure that the alien's access to counsel'' and 
inserting ``ensure that the alien's access to counsel, pursuant to 
section 235(b)(1)(B)(iv),''.

SEC. 512. COUNSEL FOR CERTAIN UNACCOMPANIED ALIEN CHILDREN.

     Section 235(c)(5) of the William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(5)) is amended 
to read as follows:
            ``(5) Access to counsel.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the Secretary of Health and Human 
                Services shall ensure, to the greatest extent 
                practicable and consistent with section 292 of the 
                Immigration and Nationality Act (8 U.S.C. 1362), that 
                all unaccompanied alien children who are or have been 
                in the custody of the Secretary of Health and Human 
                Services or the Secretary of Homeland Security, and who 
                are not described in subsection (a)(2)(A), have counsel 
                to represent them in legal proceedings or matters and 
                protect them from mistreatment, exploitation, and 
                trafficking. To the greatest extent practicable, the 
                Secretary of Health and Human Services shall make every 
                effort to utilize the services of pro bono counsel who 
                agree to provide representation to such children 
                without charge.
                    ``(B) Exception for certain children.--
                            ``(i) In general.--An unaccompanied alien 
                        child who at 13 years of age or younger is 
                        referred to Health and Human Services or placed 
                        in removal proceedings pursuant to section 240 
                        of the Immigration and Nationality Act (8 
                        U.S.C. 1229a), shall be represented by counsel 
                        subject to clause (v).
                            ``(ii) Age determinations.--The Secretary 
                        of Health and Human Services shall ensure that 
                        age determinations of unaccompanied alien 
                        children are conducted in accordance with the 
                        procedures developed pursuant to subsection 
                        (b)(4).
                            ``(iii) Appeals.--The rights and privileges 
                        under this subparagraph--
                                    ``(I) shall not attach to--
                                            ``(aa) an unaccompanied 
                                        alien child after the date on 
                                        which--

                                                    ``(AA) the removal 
                                                proceedings of the 
                                                child under section 240 
                                                of the Immigration and 
                                                Nationality Act (8 
                                                U.S.C. 1229a) 
                                                terminate, without an 
                                                application for relief 
                                                pending;

                                                    ``(BB) an order of 
                                                removal with respect to 
                                                the child becomes 
                                                final; or

                                                    ``(CC) an 
                                                immigration benefit is 
                                                granted to the child; 
                                                or

                                            ``(bb) an appeal to a 
                                        district court or court of 
                                        appeals of the United States, 
                                        unless certified by the 
                                        Secretary as a case of 
                                        extraordinary importance; and
                                    ``(II) shall attach to 
                                administrative reviews and appeals.
                            ``(iv) Implementation.--Not later than 90 
                        days after the date of the enactment of the 
                        Border Act, the Secretary of Health and Human 
                        Services shall implement this subparagraph.
                            ``(v) Remedies.--
                                    ``(I) In general.--For the 
                                population described in clause (i) of 
                                this subparagraph and subsection (b)(1) 
                                of section 292 of the Immigration and 
                                Nationality Act (8 U.S.C. 1362), 
                                declaratory judgment that the 
                                unaccompanied alien child has a right 
                                to be referred to counsel, including 
                                pro-bono counsel, or a continuance of 
                                immigration proceedings, shall be the 
                                exclusive remedies available, other 
                                than for those funds subject to 
                                appropriations.
                                    ``(II) Settlements.--Any settlement 
                                under this subparagraph shall be 
                                subject to appropriations.''.

SEC. 513. COUNSEL FOR CERTAIN INCOMPETENT INDIVIDUALS.

    Section 240 of the Immigration and Nationality Act (8 U.S.C. 
1158(a)) is amended--
            (1) by redesignating subsection (e) as subsection (f); and
            (2) by inserting after subsection (d) the following:
    ``(e) Representation for Certain Incompetent Aliens.--
            ``(1) In general.--The immigration judge is authorized to 
        appoint legal counsel or a certified representative accredited 
        through the Department of Justice to represent an alien in 
        removal proceedings if--
                    ``(A) pro bono counsel is not available; and
                    ``(B) the alien--
                            ``(i) is unrepresented;
                            ``(ii) was found by an immigration judge to 
                        be incompetent to represent themselves; and
                            ``(iii) has been placed in or referred to 
                        removal proceedings pursuant to this section.
            ``(2) Determination on competence.--
                    ``(A) Presumption of competence.--An alien is 
                presumed to be competent to participate in removal 
                proceedings and has the duty to raise the issue of 
                competency. If there are no indicia of incompetency in 
                an alien's case, no further inquiry regarding 
                competency is required.
                    ``(B) Decision of the immigration judge.--
                            ``(i) In general.--If there are indicia of 
                        incompetency, the immigration judge shall 
                        consider whether there is good cause to believe 
                        that the alien lacks sufficient competency to 
                        proceed without additional safeguards.
                            ``(ii) Incompetency test.--The test for 
                        determining whether an alien is incompetent to 
                        participate in immigration proceedings, is not 
                        malingering, and consequently lacks sufficient 
                        capacity to proceed, is whether the alien, not 
                        solely on account of illiteracy or language 
                        barriers--
                                    ``(I) lacks a rational and factual 
                                understanding of the nature and object 
                                of the proceedings;
                                    ``(II) cannot consult with an 
                                available attorney or representative; 
                                and
                                    ``(III) does not have a reasonable 
                                opportunity to examine and present 
                                evidence and cross-examine witnesses.
                            ``(iii) No appeal.--A decision of an 
                        immigration judge under this subparagraph may 
                        not be appealed administratively and is not 
                        subject to judicial review.
                    ``(C) Effect of finding of incompetence.--A finding 
                by an immigration judge that an alien is incompetent to 
                represent himself or herself in removal proceedings 
                shall not prejudice the outcome of any proceeding under 
                this section or any finding by the immigration judge 
                with respect to whether the alien is inadmissible under 
                section 212 or removable under section 237.
            ``(3) Quarterly report.--Not later than 90 days after the 
        effective date of a final rule implementing this subsection, 
        and quarterly thereafter, the Director of the Executive Office 
        for Immigration Review shall submit to the appropriate 
        committees of Congress a report that includes--
                    ``(A)(i) the number of aliens in proceedings under 
                this section who claimed during the reporting period to 
                be incompetent to represent themselves, disaggregated 
                by immigration court and immigration judge; and
                    ``(ii) a description of each reason given for such 
                claims, such as mental disease or mental defect; and
                    ``(B)(i) the number of aliens in proceedings under 
                this section found during the reporting period by an 
                immigration judge to be incompetent to represent 
                themselves, disaggregated by immigration court and 
                immigration judge; and
                    ``(ii) a description of each reason upon which such 
                findings were based, such as mental disease or mental 
                defect.
            ``(4) Rule of construction.--Nothing in this subsection may 
        be construed--
                    ``(A) to require the Secretary of Homeland Security 
                or the Attorney General to analyze whether an alien is 
                incompetent to represent themselves, absent an indicia 
                of incompetency;
                    ``(B) to establish a substantive due process right;
                    ``(C) to automatically equate a diagnosis of a 
                mental illness to a lack of competency;
                    ``(D) to limit the ability of the Attorney General 
                or the immigration judge to prescribe safeguards to 
                protect the rights and privileges of the alien;
                    ``(E) to limit any authorized representation 
                program by a State, local, or Tribal government;
                    ``(F) to provide any statutory right to 
                representation in any proceeding authorized under this 
                Act, unless such right is already authorized by law; or
                    ``(G) to interfere with, create, or expand any 
                right or responsibility established through a court 
                order or settlement agreement in effect before the date 
                of the enactment of the Border Act.
            ``(5) Rulemaking.--The Attorney General is authorized to 
        prescribe regulations to carry out this subsection.''.

SEC. 514. CONFORMING AMENDMENT.

    Section 292 of the Immigration and Nationality Act (8 U.S.C. 1362) 
is amended to read as follows:

``SEC. 292. RIGHT TO COUNSEL.

    ``(a) In General.--In any removal proceeding before an immigration 
judge and in any appeal proceeding before the Attorney General from an 
order issued through such removal proceeding, the person concerned 
shall have the privilege of being represented (at no expense to the 
Federal Government) by any counsel who is authorized to practice in 
such proceedings.
    ``(b) Exceptions for Certain Populations.--The Federal Government 
is authorized to provide counsel, at its own expense, in proceedings 
described in subsection (a) for--
            ``(1) unaccompanied alien children described in paragraph 
        (5) of section 235(c) of the William Wilberforce Trafficking 
        Victims Protection Reauthorization Act of 2008 (8 U.S.C. 
        1232(c)); and
            ``(2) subject to appropriations, certain incompetent aliens 
        described in section 240(e).''.

                  TITLE VI--ACCOUNTABILITY AND METRICS

SEC. 601. EMPLOYMENT AUTHORIZATION COMPLIANCE.

    Not later than 1 year and 180 days after the date of the enactment 
of this Act, and annually thereafter, the Secretary shall submit a 
report to the appropriate committees of Congress and to the public that 
describes the actions taken by Secretary pursuant to section 235C of 
the Immigration and Nationality Act, as added by section 502, 
including--
            (1) the number of employment authorization applications 
        granted or denied pursuant to subsection (a)(1) of such section 
        235C, disaggregated by whether the alien concerned was 
        processed under the procedures described in section 235(b)(1) 
        or 235B of such Act;
            (2) the ability of the Secretary to comply with the 
        timelines for provision of work authorization prescribed in 
        subparagraphs (A) through (C) of section 235C(a)(2) of such 
        Act, including whether complying with subparagraphs (A) and (B) 
        of such section 235C(a)(2) has caused delays in the processing 
        of such aliens;
            (3) the number of employment authorizations revoked due to 
        an alien's failure to comply with the requirements under 
        section 235B(f)(5)(B) of the Immigration and Nationality Act, 
        as added by section 141, or for any other reason, along with 
        the articulated basis; and
            (4) the average time for the revocation of an employment 
        authorization if an alien is authorized to work under section 
        235C of the Immigration and Nationality Act and is subsequently 
        ordered removed.

SEC. 602. LEGAL ACCESS IN CUSTODIAL SETTINGS.

    Not later than 180 days after the date of the enactment of this 
Act, and annually thereafter, the Secretary shall submit a report to 
the appropriate committees of Congress and to the public regarding 
alien access to legal representation and consultation in custodial 
settings, including--
            (1) the total number of aliens who secured or failed to 
        secure legal representation pursuant to section 
        235(b)(1)(B)(iv)(V) of the Immigration and Nationality Act, as 
        added by section 511, before the protection determination under 
        section 235(b)(1)(B)(i) of such Act, including the disposition 
        of such alien's interview;
            (2) the total number of aliens who waived the 72-hour 
        period pursuant to section 235(b)(1)(B)(iv)(IV)(bb) of such 
        Act, including the disposition of the alien's protection 
        determination pursuant to section 235(b)(1)(B)(i) of such Act;
            (3) the total number of aliens who required a verbal 
        interpretation of the information about screenings and 
        interviews pursuant to section 235(b)(1)(B)(iv) of such Act, 
        disaggregated by the number of aliens who received or did not 
        receive such an interpretation, respectively, pursuant to 
        section 235(b)(1)(B)(iv)(III) of such Act, including the 
        disposition of their respective protection determinations 
        pursuant to section 235(b)(1)(B)(i) of such Act;
            (4) the total number of aliens who received information, 
        either verbally or in writing, in their native language; and
            (5) whether such policies and procedures with respect to 
        access provided in section 235(b)(1)(B)(iv) have been made 
        available publicly.

SEC. 603. CREDIBLE FEAR AND PROTECTION DETERMINATIONS.

     Not later than 1 year and 60 days after the date of the enactment 
of this Act, and annually thereafter, the Director of U.S. Citizenship 
and Immigration Services shall submit a report to the appropriate 
committees of Congress and to the public that sets forth--
            (1) the number of aliens who requested or received a 
        protection determination pursuant to section 235(b)(1)(B) of 
        the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(B));
            (2) the number of aliens who requested or received a 
        protection determination pursuant to section 235B(b) of such 
        Act, as added by section 141;
            (3) the number of aliens described in paragraphs (1) and 
        (2) who are subject to an asylum exception under section 
        235(b)(1)(B)(vi) of such Act, disaggregated by specific asylum 
        exception;
            (4) the number of aliens for whom an asylum officer 
        determined that an alien may be eligible for a waiver under 
        section 235(b)(1)(B)(vi) of such Act and did not apply such 
        asylum exception to such alien;
            (5) the number of aliens described in paragraph (1) or (2) 
        who--
                    (A) received a positive screening or determination; 
                or
                    (B) received a negative screening or determination;
            (6) the number of aliens described in paragraph (5)(B) who 
        requested reconsideration or appeal of a negative screening and 
        the disposition of such requests;
            (7) the number of aliens described in paragraph (6) who, 
        upon reconsideration--
                    (A) received a positive screening or determination, 
                as applicable; or
                    (B) received a negative screening or determination, 
                as applicable;
            (8) the number of aliens described in paragraph (5)(B) who 
        appealed a decision subsequent to a request for 
        reconsideration;
            (9) the number of aliens described in paragraph (5)(B) who, 
        upon appeal of a decision, disaggregated by whether or not such 
        alien requested reconsideration of a negative screening--
                    (A) received a positive screening or determination, 
                as applicable; or
                    (B) received negative screening or determination, 
                as applicable; and
            (10) the number of aliens who withdraw their application 
        for admission, including--
                    (A) whether such alien could read or write;
                    (B) whether the withdrawal occurred in the alien's 
                native language;
                    (C) the age of such alien; and
                    (D) the Federal agency or component that processed 
                such withdrawal.

SEC. 604. PUBLICATION OF OPERATIONAL STATISTICS BY U.S. CUSTOMS AND 
              BORDER PROTECTION.

    (a) In General.--Beginning in the second calendar month beginning 
after the date of the enactment of this Act, the Commissioner for U.S. 
Customs and Border Protection shall publish, not later than the seventh 
day of each month, on a publicly available website of the Department, 
information from the previous month relating to--
            (1) the number of alien encounters, disaggregated by--
                    (A) whether such aliens are admissible or 
                inadmissible, including the basis for such 
                determinations;
                    (B) the U.S. Border Patrol sector and U.S. Customs 
                and Border Protection field office that recorded the 
                encounter;
                    (C) any outcomes recorded in the terrorist 
                screening database (as such term is defined in section 
                2101 of the Homeland Security Act of 2002 (6 U.S.C. 
                621)), including--
                            (i) whether the alien is found to be 
                        inadmissible or removeable due to a specific 
                        ground relating to terrorism;
                            (ii) the alien's country of nationality, 
                        race or ethnic identification, and age; and
                            (iii) whether the alien's alleged terrorism 
                        is related to domestic or international actors, 
                        if available;
                    (D) aliens with active Federal or State warrants 
                for arrest in the United States and the nature of the 
                crimes justifying such warrants;
                    (E) the nationality of the alien;
                    (F) whether the alien encountered is a single 
                adult, an individual in a family unit, an unaccompanied 
                child, or an accompanied child;
                    (G) the average time the alien remained in custody, 
                disaggregated by demographic information;
                    (H) the processing disposition of each alien 
                described in this paragraph upon such alien's release 
                from the custody of U.S. Customs and Border Protection, 
                disaggregated by nationality;
                    (I) the number of aliens who are paroled pursuant 
                to section 212(d)(5) of the Immigration and Nationality 
                Act (8 U.S.C. 1182(d)(5)), disaggregated by geographic 
                region or sector;
                    (J) the recidivism rate of aliens described in this 
                paragraph, including the definition of ``recidivism'' 
                and notice of any changes to such definition; and
                    (K) aliens who have a confirmed gang affiliation, 
                including--
                            (i) whether such alien was determined to be 
                        inadmissible or removable due to such 
                        affiliation;
                            (ii) the specific gang affiliation alleged;
                            (iii) the basis of such allegation; and
                            (iv) the Federal agency or component that 
                        made such allegation or determination;
            (2) seizures, disaggregated by the U.S. Border Patrol 
        sector and U.S. Customs and Border Protection field office that 
        recorded the encounter, of--
                    (A) narcotics;
                    (B) firearms, whether inbound or outbound, 
                including whether such firearms were manufactured in 
                the United States, if known;
                    (C) monetary instruments, whether inbound and 
                outbound; and
                    (D) other specifically identified contraband;
            (3) with respect to border emergency authority described in 
        section 244A of the Immigration and Nationality Act, as added 
        by section 301--
                    (A) the number of days such authority was in 
                effect;
                    (B) the number of encounters (as defined in section 
                244A(i)(3)) of such Act, disaggregated by U.S. Border 
                Patrol sector and U.S. Customs and Border Patrol field 
                office;
                    (C) the number of summary removals made under such 
                authority;
                    (D) the number of aliens who manifested a fear of 
                persecution or torture and were screened for 
                withholding of removal or for protection under the 
                Convention Against Torture, and the disposition of each 
                such screening, including the processing disposition or 
                outcome;
                    (E) the number of aliens who were screened at a 
                port of entry in a safe and orderly manner each day 
                such authority was in effect, including the processing 
                disposition or outcome;
                    (F) whether such authority was exercised under 
                subparagraph (A), (B)(i), or (B)(ii) of section 
                244A(b)(3) of such Act;
                    (G) a public description of all the methods by 
                which the Secretary determines if an alien may be 
                screened in a safe and orderly manner;
                    (H) the total number of languages that are 
                available for such safe and orderly process;
                    (I) the number of aliens who were returned to a 
                country that is not their country of nationality;
                    (J) the number of aliens who were returned to any 
                country without a humanitarian or protection 
                determination during the use of such authority;
                    (K) the number of United States citizens who were 
                inadvertently detained, removed, or affected by such 
                border emergency authority;
                    (L) the number of individuals who have lawful 
                permission to enter the United States and were 
                inadvertently detained, removed, or affected by such 
                border emergency authority;
                    (M) a summary of the impact to lawful trade and 
                travel during the use of such border emergency 
                authority, disaggregated by port of entry;
                    (N) the disaggregation of the information described 
                in subparagraphs (C), (D), (E), (I), (J), (K), and (L) 
                by the time the alien remained in custody and by 
                citizenship and family status, including--
                            (i) single adults;
                            (ii) aliens traveling in a family unit;
                            (iii) unaccompanied children;
                            (iv) accompanied children;
            (4) information pertaining to agricultural inspections;
            (5) border rescues and mortality data;
            (6) information regarding trade and travel; and
            (7) with respect to aliens who were transferred from the 
        physical custody of a State or Federal law enforcement agency 
        or other State agency to the physical custody of a Federal 
        agency or component--
                    (A) the specific States concerned;
                    (B) whether such alien had initially been charged 
                with a State crime before the State transferred such 
                alien to such Federal agency or component; and
                    (C) the underlying State crime with which the alien 
                was charged.
    (b) Totals.--The information described in subsection (a) shall 
include the total amount of each element described in each such 
paragraph in the relevant unit of measurement for reporting month.
    (c) Definitions.--The monthly publication required under subsection 
(a) shall--
            (1) include the definition of all terms used by the 
        Commissioner; and
            (2) specifically note whether the definition of any term 
        has been changed.
    (d) Protection of Personally Identifiable Information.--In 
preparing each publication pursuant to subsection (a), the Secretary 
shall--
            (1) protect any personally identifiable information 
        associated with aliens described in subsection (a); and
            (2) comply with all applicable privacy laws.

SEC. 605. UTILIZATION OF PAROLE AUTHORITIES.

    Section 602(b) of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1182 note) is amended to read as 
follows:
    ``(b) Annual Report to Congress.--
            ``(1) In general.--Not later than 90 days after the end of 
        each fiscal year, the Secretary of Homeland Security shall 
        submit a report to the Committee on the Judiciary of the 
        Senate, the Committee on Homeland Security and Governmental 
        Affairs of the Senate, the Committee on the Judiciary of the 
        House of Representatives, the Committee on Homeland Security of 
        the House of Representatives, and the public that identifies 
        the number of aliens paroled into the United States pursuant to 
        section 212(d)(5) of the Immigration and Nationality Act (8 
        U.S.C. 1182(d)(5)).
            ``(2) Contents.--Each report required under paragraph (1) 
        shall include--
                    ``(A) the total number of aliens--
                            ``(i) who submitted applications for 
                        parole;
                            ``(ii) whose parole applications were 
                        approved; or
                            ``(iii) who were granted parole into the 
                        United States during the fiscal year 
                        immediately preceding the fiscal year during 
                        which such report is submitted;
                    ``(B) the elements described in subparagraph (A), 
                disaggregated by--
                            ``(i) citizenship or nationality;
                            ``(ii) demographic categories;
                            ``(iii) the component or subcomponent of 
                        the Department of Homeland Security that 
                        granted such parole;
                            ``(iv) the parole rationale or class of 
                        admission, if applicable; and
                            ``(v) the sector, field office, area of 
                        responsibility, or port of entry where such 
                        parole was requested, approved, or granted;
                    ``(C) the number of aliens who requested re-parole, 
                disaggregated by the elements described in subparagraph 
                (B), and the number of denials of re-parole requests;
                    ``(D) the number of aliens whose parole was 
                terminated for failing to abide by the terms of parole, 
                disaggregated by the elements described in subparagraph 
                (B);
                    ``(E) for any parole rationale or class of 
                admission which requires sponsorship, the number of 
                sponsor petitions which were--
                            ``(i) confirmed;
                            ``(ii) confirmed subsequent to a 
                        nonconfirmation; or
                            ``(iii) denied;
                    ``(F) for any parole rationale or class of 
                admission in which a foreign government has agreed to 
                accept returns of third country nationals, the number 
                of returns of such third country nationals such foreign 
                government has accepted;
                    ``(G) the number of aliens who filed for asylum 
                after being paroled into the United States; and
                    ``(H) the number of aliens described in 
                subparagraph (G) who were granted employment 
                authorization based solely on a grant of parole.
            ``(3) Protection of personally identifiable information.--
        In preparing each report pursuant to paragraph (1), the 
        Secretary shall--
                    ``(A) protect any personally identifiable 
                information associated with aliens described in 
                paragraph (1); and
                    ``(B) comply with all applicable privacy laws.''.

SEC. 606. ACCOUNTABILITY IN PROVISIONAL REMOVAL PROCEEDINGS.

    (a) In General.--Not later than 1 year and 30 days after the date 
of the enactment of this Act, the Secretary shall submit a report to 
the appropriate committees of Congress and the public regarding the 
implementation of sections 235B and 240D of the Immigration and 
Nationality Act, as added by sections 3141 and 3142 during the previous 
12-month period.
    (b) Contents.--Each report required under subsection (a) shall 
include--
            (1) the number of aliens processed pursuant to section 
        235B(b) of the Immigration and Nationality Act, disaggregated 
        by--
                    (A) whether the alien was a single adult or a 
                member of a family unit;
                    (B) the number of aliens who--
                            (i) were provided proper service and notice 
                        upon release from custody pursuant to section 
                        235B(b)(2) of such Act; or
                            (ii) were not given such proper service and 
                        notice;
                    (C) the number of aliens who received a protection 
                determination interview pursuant to section 235B(c) of 
                such Act within the 90-day period required under 
                section 235B(b)(3)(A) of such Act;
                    (D) the number of aliens described in subparagraph 
                (C)--
                            (i) who retained legal counsel;
                            (ii) who received a positive protection 
                        determination;
                            (iii) who received a negative protection 
                        determination;
                            (iv) for those aliens described in clause 
                        (iii), the number who--
                                    (I) requested reconsideration;
                                    (II) whether such reconsideration 
                                resulted in approval or denial;
                                    (III) whether an alien upon 
                                receiving a negative motion for 
                                reconsideration filed an appeal;
                                    (IV) who appealed a negative 
                                decision without filing for 
                                reconsideration;
                                    (V) whether the appeal resulted in 
                                approval or denial, disaggregated by 
                                the elements in subclauses (III) and 
                                (IV); and
                                    (VI) whether the alien, upon 
                                receiving a negative decision as 
                                described in subclauses (III) and (V), 
                                was removed from the United States upon 
                                receiving such negative decision;
                            (v) who absconded during such proceedings; 
                        and
                            (vi) who failed to receive proper service;
                    (E) the number of aliens who were processed 
                pursuant to section 235B(f) of such Act; and
                    (F) the number of aliens described in subparagraph 
                (E) who submitted their application pursuant to section 
                235B(f)(2)(B)(i) of such Act;
            (2) the average time taken by the Department of Homeland 
        Security--
                    (A) to perform a protection determination interview 
                pursuant to section 235B(b) of such Act;
                    (B) to serve notice of a protection determination 
                pursuant to section 235B(e) of such Act after a 
                determination has been made pursuant to section 235B(b) 
                of such Act;
                    (C) to provide an alien with a work authorization 
                pursuant to section 235C of such Act, as added by 
                section 501, disaggregated by the requirements under 
                subparagraphs (A), (B), and (C) of section 235C(a)(2) 
                of such Act; and
                    (D) the utilization of the Alternatives to 
                Detention program authorized under section 235B(a)(3) 
                of such Act, disaggregated by--
                            (i) types of alternatives to detention used 
                        to supervise the aliens after being released 
                        from physical custody;
                            (ii) the level of compliance by the alien 
                        with the rules of the Alternatives to Detention 
                        program; and
                            (iii) the total cost of each Alternatives 
                        to Detention type;
            (3) the number of aliens processed pursuant to section 
        240D(d) of such Act, disaggregated by--
                    (A) whether the alien was a single adult or a 
                member of a family unit;
                    (B) the number of aliens who were provided proper 
                service and notice of a protection determination 
                pursuant to section 235B(e) of such Act;
                    (C) the number of aliens who received a protection 
                merits interview pursuant to section 240D(c)(3) of such 
                Act within the 90-day period required under section 
                240D(b) of such Act;
                    (D) the number of aliens who received a positive 
                protection merits determination pursuant to section 
                240D(d)(2) of such Act;
                    (E) the number of aliens who received a negative 
                protection merits determination pursuant to section 
                240D(d)(3) of such Act, disaggregated by the number of 
                aliens who appealed the determination pursuant to 
                section 240D(e) of such Act and who received a result 
                pursuant to section 240D(e)(7) of such Act;
                    (F) the number of aliens who were processed 
                pursuant to section 240D of such Act who retained legal 
                counsel;
                    (G) the number of aliens who appeared at such 
                proceedings; and
                    (H) the number of aliens who absconded during such 
                proceedings; and
            (4) the average time taken by the Department of Homeland 
        Security--
                    (A) to perform a protection merits interview 
                pursuant to section 240D(d) of such Act;
                    (B) to serve notice of a protection merits 
                determination pursuant to section 240D(d) of such Act; 
                and
                    (C) the utilization of Alternatives to Detention 
                program authorized under section 240D(c)(2) of such 
                Act, disaggregated by--
                            (i) types of alternatives to detention used 
                        to supervise the aliens after being released 
                        from physical custody; and
                            (ii) the level of compliance by the aliens 
                        with rules of the Alternatives to Detention 
                        program.
    (c) Protection of Personally Identifiable Information.--In 
preparing each report pursuant to subsection (a), the Secretary shall--
            (1) protect any personally identifiable information 
        associated with aliens described in subsection (a); and
            (2) comply with all applicable privacy laws.

SEC. 607. ACCOUNTABILITY IN VOLUNTARY REPATRIATION, WITHDRAWAL, AND 
              DEPARTURE.

    (a) In General.--Not later than 1 year and 30 days after the date 
of the enactment of this Act, the Secretary shall submit a report to 
the appropriate committees of Congress regarding the implementation of 
section 240G of the Immigration and Nationality Act, as added by 
section 144.
    (b) Contents.--The report required under subsection (a) shall 
include the number of aliens who utilized the provisions of such 
section 240G, disaggregated by--
            (1) demographic information;
            (2) the period in which the election took place;
            (3) the total costs of repatriation flight when compared to 
        the cost to charter a private, commercial flight for such 
        return;
            (4) alien use of reintegration or reception programs in the 
        alien's country of nationality after removal from the United 
        States;
            (5) the number of aliens who failed to depart in compliance 
        with section 240G(i)(2) of such Act;
            (6) the number of aliens to which a civil penalty and a 
        period of ineligibility was applied; and
            (7) the number of aliens who did depart.

SEC. 608. GAO ANALYSIS OF IMMIGRATION JUDGE AND ASYLUM OFFICER 
              DECISION-MAKING REGARDING ASYLUM, WITHHOLDING OF REMOVAL, 
              AND PROTECTION UNDER THE CONVENTION AGAINST TORTURE.

    (a) In General.--Not later than 2 years after the Comptroller 
General of the United States submits the certification described in 
section 146(d)(3), the Comptroller General shall analyze the decision 
rates of immigration judges and asylum officers regarding aliens who 
have received a positive protection determination and have been 
referred to proceedings under section 240 or 240D of the Immigration 
and Nationality Act, as applicable, to determine--
            (1) whether the Executive Office for Immigration Review and 
        U.S. Citizenship and Immigration Services have any differential 
        in rate of decisions for cases involving asylum, withholding of 
        removal, or protection under the Convention Against Torture and 
        Other Cruel, Inhuman or Degrading Treatment or Punishment, done 
        at New York December 10, 1984; and
            (2) the causes for any such differential, including any 
        policies, procedures, or other administrative measures.
    (b) Recommendations.--Upon completing the analysis required under 
subsection (a), the Comptroller General shall submit recommendations to 
the Director of the Executive Office for Immigration Review and the 
Director of U.S. Citizenship and Immigration Services regarding any 
administrative or procedural changes necessary to ensure uniformity in 
decision-making between those agencies, which may not include quotas.

SEC. 609. REPORT ON COUNSEL FOR UNACCOMPANIED ALIEN CHILDREN.

    (a) In General.--Not later than 120 days after the date of the 
enactment of this Act, and annually thereafter, the Secretary of Health 
and Human Services shall submit a report to the appropriate committees 
of Congress with respect to unaccompanied alien children who received 
appointed counsel pursuant to section 235(c)(5)(B) of the William 
Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, 
as added by section 512, including--
            (1) the number of unaccompanied alien children who obtained 
        such counsel compared to the number of such children who did 
        not obtain such counsel;
            (2) the sponsorship category of unaccompanied alien 
        children who obtained counsel;
            (3) the age ranges of unaccompanied alien children who 
        obtained counsel;
            (4) the administrative appeals, if any, of unaccompanied 
        alien children who obtained counsel; and
            (5) the case outcomes of unaccompanied alien children who 
        obtained counsel.
    (b) Protection of Personally Identifiable Information.--In 
preparing each report pursuant to subsection (a), the Secretary of 
Health and Human Services shall--
            (1) protect any personally identifiable information 
        associated with aliens described in subsection (a); and
            (2) comply with all applicable privacy laws.

SEC. 610. RECALCITRANT COUNTRIES.

    Section 243(d) of the Immigration and Nationality Act (8 U.S.C. 
1253(d)) is amended--
            (1) by striking ``On being notified'' and inserting the 
        following:
            ``(1) In general.--On being notified''; and
            (2) by adding at the end the following:
            ``(2) Report on recalcitrant countries.--
                    ``(A) In general.--Not later than 90 days after the 
                last day of each fiscal year, the Secretary of Homeland 
                Security and the Secretary of State shall jointly--
                            ``(i) prepare an unclassified annual 
                        report, which may include a classified annex, 
                        that includes the information described in 
                        subparagraph (C); and
                            ``(ii) submit such report to Committee on 
                        Homeland Security and Governmental Affairs of 
                        the Senate; the Committee on the Judiciary of 
                        the Senate, the Committee on Foreign Relations 
                        of the Senate, the Committee on Homeland 
                        Security of the House of Representatives, the 
                        Committee on the Judiciary of the House of 
                        Representatives, and the Committee on Foreign 
                        Affairs of the House of Representatives.
                    ``(B) Briefing.--Not later than 30 days after the 
                date on which a report is submitted pursuant to 
                subparagraph (A), designees of the Secretary of 
                Homeland Security and of the Secretary of State shall 
                brief the committees referred to in subparagraph 
                (A)(ii) regarding any measures taken to encourage 
                countries to accept the return of their citizens, 
                subjects, or nationals, or aliens whose last habitual 
                residence was within each such country, who have been 
                ordered removed from the United States.
                    ``(C) Contents.--Each report prepared pursuant to 
                subparagraph (A)(i) shall include--
                            ``(i) a list of all countries that--
                                    ``(I) deny the acceptance of their 
                                citizens, subjects, or nationals, or 
                                aliens whose last habitual residence 
                                was within such country, who have been 
                                ordered removed to such country from 
                                the United States; or
                                    ``(II) unreasonably delay the 
                                acceptance of their citizens, subjects, 
                                or nationals, or aliens whose last 
                                habitual residence was within such 
                                country, who have been ordered removed 
                                to such country from the United States;
                            ``(ii) for each country described in clause 
                        (i)(II), the average length of delay of such 
                        citizens, subjects, nationals, or aliens 
                        acceptance into such country;
                            ``(iii) a list of the foreign countries 
                        that have placed unreasonable limitations upon 
                        the acceptance of their citizens, subjects, or 
                        nationals, or aliens whose last habitual 
                        residence was within such country, who have 
                        been ordered removed to such country from the 
                        United States;
                            ``(iv) a description of the criteria used 
                        to determine that a country described under 
                        clause (iii) has placed such unreasonable 
                        limitations;
                            ``(v) the number of aliens ordered removed 
                        from the United States to a country described 
                        in clause (i) or (iii) whose removal from the 
                        United States was pending as of the last day of 
                        the previous fiscal year, including--
                                    ``(I) the number of aliens who--
                                            ``(aa) received a denial of 
                                        a work authorization; and
                                            ``(bb) are not eligible to 
                                        request work authorization;
                            ``(vi) the number of aliens ordered removed 
                        from the United States to a country described 
                        in clause (i) or (iii) whose removal from the 
                        United States was pending as of the last day of 
                        the previous fiscal year and who are being 
                        detained, disaggregated by--
                                    ``(I) the length of such detention;
                                    ``(II) the aliens who requested a 
                                review of the significant likelihood of 
                                their removal in the reasonably 
                                foreseeable future;
                                    ``(III) the aliens for whom the 
                                request for release under such review 
                                was denied;
                                    ``(IV) the aliens who remain 
                                detained on account of special 
                                circumstances despite no significant 
                                likelihood that such aliens will be 
                                removed in the foreseeable future, 
                                disaggregated by the specific 
                                circumstance;
                                    ``(V) the aliens described in 
                                subclause (IV) who are being detained 
                                based on a determination that they are 
                                specially dangerous;
                                    ``(VI) the aliens described in 
                                subclause (V) whose request to review 
                                the basis for their continued detention 
                                was denied;
                                    ``(VII) demographic categories, 
                                including part of a family unit, single 
                                adults, and unaccompanied alien 
                                children;
                            ``(vii) the number of aliens referred to in 
                        clauses (i) through (iii) who--
                                    ``(I) have criminal convictions, 
                                disaggregated by National Crime 
                                Information Center code, whether 
                                misdemeanors or felonies;
                                    ``(II) are considered national 
                                security threats to the United States;
                                    ``(III) are members of a criminal 
                                gang or another organized criminal 
                                organization, if found to be 
                                inadmissible or removable on such 
                                grounds; or
                                    ``(IV) have been released from U.S. 
                                Immigration and Customs Enforcement 
                                custody on an order of supervision and 
                                the type of supervision and compliance 
                                with such supervision, if applicable;
                            ``(viii) a description of the actions taken 
                        by the Department of Homeland Security and the 
                        Department of State to encourage foreign 
                        nations to accept the return of their 
                        nationals; and
                            ``(ix) the total number of individuals that 
                        such jurisdiction has accepted who are not 
                        citizens, subjects, or nationals, or aliens who 
                        last habitually resided within such 
                        jurisdiction and have been removed from the 
                        United States, if any.''.

                        TITLE VII--OTHER MATTERS

SEC. 701. SEVERABILITY.

    If any provision of this division, any amendment made by this 
division, or the application of any such provision or amendment to any 
person or circumstance is held to be unconstitutional, the remainder of 
this division, the amendments made by this division, and the 
application of such provisions or amendments to any other person or 
circumstance shall not be affected.

                     TITLE VIII--BUDGETARY EFFECTS

SEC. 801. BUDGETARY EFFECTS.

    (a) Statutory PAYGO Scorecards.--The budgetary effects of this 
division shall not be entered on either PAYGO scorecard maintained 
pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010.
    (b) Senate PAYGO Scorecards.--The budgetary effects of this 
division shall not be entered on any PAYGO scorecard maintained for 
purposes of section 4106 of H. Con. Res. 71 (115th Congress).
    (c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of 
the Budget Scorekeeping Guidelines set forth in the joint explanatory 
statement of the committee of conference accompanying Conference Report 
105-217 and section 250(c)(8) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, the budgetary effects of this division 
shall not be estimated--
            (1) for purposes of section 251 of such Act;
            (2) for purposes of an allocation to the Committee on 
        Appropriations pursuant to section 302(a) of the Congressional 
        Budget Act of 1974; and
            (3) for purposes of paragraph (4)(C) of section 3 of the 
        Statutory Pay-As-You-Go Act of 2010 as being included in an 
        appropriation Act.
                                                       Calendar No. 397

118th CONGRESS

  2d Session

                                S. 4361

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                                 A BILL

 Making emergency supplemental appropriations for border security and 
combatting fentanyl for the fiscal year ending September 30, 2024, and 
                          for other purposes.

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                              May 20, 2024

            Read the second time and placed on the calendar