[Congressional Record Volume 169, Number 95 (Thursday, June 1, 2023)]
[Senate]
[Pages S1908-S1929]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 110. Mr. MARSHALL proposed an amendment to the bill H.R. 3746, to
provide for a responsible increase to the debt ceiling; as follows:
At the end of the bill, add the following:
DIVISION E--BORDER SECURITY, IMMIGRATION ENFORCEMENT, AND FOREIGN
AFFAIRS
SECTION 500. SHORT TITLE.
This division may be cited as the ``Secure the Border Act
of 2023''.
TITLE I--BORDER SECURITY
SEC. 501. DEFINITIONS.
In this title:
(1) CBP.--The term ``CBP'' means U.S. Customs and Border
Protection.
(2) Commissioner.--The term ``Commissioner'' means the
Commissioner of U.S. Customs and Border Protection.
(3) Department.--The term ``Department'' means the
Department of Homeland Security.
(4) Operational control.--The term ``operational control''
has the meaning given such term in section 2(b) of the Secure
Fence Act of 2006 (Public Law 109-367; 8 U.S.C. 1701 note).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(6) Situational awareness.--The term ``situational
awareness'' has the meaning given such term in section
1092(a)(7) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 6 U.S.C. 223(a)(7)).
(7) Unmanned aircraft system.--The term ``unmanned aircraft
system'' has the meaning given such term in section 44801 of
title 49, United States Code.
SEC. 502. BORDER WALL CONSTRUCTION.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Homeland Security of the House of
Representatives;
(D) the Committee on Appropriations of the House of
Representatives.
(2) Tactical infrastructure.--The term ``tactical
infrastructure'' includes boat ramps, access gates,
checkpoints, lighting, and roads associated with a border
wall.
(3) Technology.--The term ``technology'' includes border
surveillance and detection technology, including linear
ground detection systems, associated with a border wall.
(b) In General.--
(1) Immediate resumption of border wall construction.--Not
later than 7 days after the date of the enactment of this
Act, the Secretary shall resume all activities related to the
construction of the border wall along the border between the
United States and Mexico that were underway or being planned
for before January 20, 2021.
(2) Use of funds.--To carry out this section, the Secretary
shall expend all unexpired funds appropriated or explicitly
obligated for the construction of the border wall that were
appropriated or obligated, as the case may be, for use
beginning on October 1, 2019.
(3) Use of materials.--Any unused materials purchased
before the date of the enactment of this Act for the
construction of the border wall may be used for activities
related to the construction of the border wall in accordance
with paragraph (1).
(c) Plan To Complete Tactical Infrastructure and
Technology.--Not later than 90 days after the date of the
enactment of this Act and annually thereafter until
construction of the border wall has been completed, the
Secretary shall submit to the appropriate congressional
committees--
(1) an implementation plan, including annual benchmarks for
the construction of 200 miles of such wall; and
(2) associated cost estimates for satisfying all
requirements of the construction of the border wall,
including installation and deployment of tactical
infrastructure, technology, and other elements as identified
by the Department before January 20, 2021, through the
expenditure of funds appropriated or explicitly obligated, as
the case may be, for use, and any future funds appropriated
or otherwise made available by Congress.
SEC. 503. STRENGTHENING THE REQUIREMENTS FOR BARRIERS ALONG
THE SOUTHERN BORDER.
Section 102 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Division C of Public Law 104-208;
8 U.S.C. 1103 note) is amended--
(1) by amending subsection (a) to read as follows:
``(a) In General.--The Secretary of Homeland Security shall
take such actions as may be necessary (including the removal
of obstacles to detection of illegal entrants) to design,
test, construct, install, deploy, integrate, and operate
physical barriers, tactical infrastructure, and technology in
the vicinity of the southwest border to achieve situational
awareness and operational control of the southwest border and
deter, impede, and detect unlawful activity.'';
(2) in subsection (b)--
(A) in the subsection heading, by striking ``Fencing and
Road Improvements'' and inserting ``Physical Barriers'';
(B) in paragraph (1)--
(i) in the heading, by striking ``fencing'' and inserting
``barriers'';
(ii) by amending subparagraph (A) to read as follows:
``(A) Reinforced barriers.--In carrying out this section,
the Secretary of Homeland Security shall construct a border
wall, including physical barriers, tactical infrastructure,
and technology, along not fewer than 900 miles of the
southwest border until situational awareness and operational
control of the southwest border is achieved.'';
(iii) by amending subparagraph (B) to read as follows:
``(B) Physical barriers and tactical infrastructure.--In
carrying out this section, the Secretary of Homeland Security
shall deploy along the southwest border the most practical
and effective physical barriers, tactical infrastructure, and
technology available for achieving situational awareness and
operational control of the southwest border.'';
(iv) in subparagraph (C)--
(I) by amending clause (i) to read as follows:
``(i) In general.--In carrying out this section, the
Secretary of Homeland Security shall consult with the
Secretary of the Interior, the Secretary of Agriculture,
appropriate representatives of State, Tribal, and local
governments, and appropriate private property owners in the
United States to minimize the impact on natural resources,
commerce, and sites of historical or cultural significance
for the communities and residents located near the sites at
which physical barriers, tactical infrastructure, and
technology are to be constructed. Such consultation may not
delay such construction for longer than 7 days.''; and
(II) in clause (ii)--
(aa) in subclause (I), by striking ``or'' after the
semicolon at the end;
(bb) by amending subclause (II) to read as follows:
``(II) delay the transfer to the United States of the
possession of property or affect the validity of any property
acquisition by the United States by purchase or eminent
domain, or to otherwise affect the eminent domain laws of the
United States or of any State; or''; and
(cc) by adding at the end the following new subclause:
``(III) create any right or liability for any party.''; and
(v) by striking subparagraph (D);
(C) in paragraph (2)--
(i) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security'';
(ii) by striking ``this subsection'' and inserting ``this
section''; and
(iii) by striking ``construction of fences'' and inserting
``the construction of physical barriers, tactical
infrastructure, and technology'';
(D) by amending paragraph (3) to read as follows:
``(3) Agent safety.--In carrying out this section, the
Secretary of Homeland Security,
[[Page S1909]]
when designing, testing, constructing, installing, deploying,
integrating, and operating physical barriers, tactical
infrastructure, or technology, shall incorporate such safety
features into such design, test, construction, installation,
deployment, integration, or operation of such physical
barriers, tactical infrastructure, or technology, as the case
may be, that the Secretary determines are necessary to
maximize the safety and effectiveness of officers and agents
of the Department of Homeland Security or of any other
Federal agency deployed in the vicinity of such physical
barriers, tactical infrastructure, or technology.''; and
(E) in paragraph (4), by striking ``this subsection'' and
inserting ``this section'';
(3) in subsection (c)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--Notwithstanding any other provision of
law, the Secretary of Homeland Security shall waive all legal
requirements necessary to ensure the expeditious design,
testing, construction, installation, deployment, integration,
operation, and maintenance of the physical barriers, tactical
infrastructure, and technology under this section. The
Secretary shall ensure the maintenance and effectiveness of
such physical barriers, tactical infrastructure, or
technology. Any such action by the Secretary shall be
effective upon publication in the Federal Register.'';
(B) by redesignating paragraph (2) as paragraph (3); and
(C) by inserting after paragraph (1) the following new
paragraph:
``(2) Notification.--Not later than 7 days after the date
on which the Secretary of Homeland Security exercises a
waiver pursuant to paragraph (1), the Secretary shall notify
the Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Homeland Security of the
House of Representatives of such waiver.''; and
(4) by adding at the end the following:
``(e) Technology.--In carrying out this section, the
Secretary of Homeland Security shall deploy along the
southwest border the most practical and effective technology
available for achieving situational awareness and operational
control.
``(f) Definitions.--In this section:
``(1) Advanced unattended surveillance sensors.--The term
`advanced unattended surveillance sensors' means sensors that
utilize an onboard computer to analyze detections in an
effort to discern between vehicles, humans, and animals, and
ultimately filter false positives prior to transmission.
``(2) Operational control.--The term `operational control'
has the meaning given such term in section 2(b) of the Secure
Fence Act of 2006 (Public Law 109-367; 8 U.S.C. 1701 note).
``(3) Physical barriers.--The term `physical barriers'
includes reinforced fencing, the border wall, and levee
walls.
``(4) Situational awareness.--The term `situational
awareness' has the meaning given such term in section
1092(a)(7) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 6 U.S.C. 223(a)(7)).
``(5) Tactical infrastructure.--The term `tactical
infrastructure' includes boat ramps, access gates,
checkpoints, lighting, and roads.
``(6) Technology.--The term `technology' includes border
surveillance and detection technology, including--
``(A) tower-based surveillance technology;
``(B) deployable, lighter-than-air ground surveillance
equipment;
``(C) vehicle and Dismount Exploitation Radars (VADER);
``(D) 3-dimensional, seismic acoustic detection and ranging
border tunneling detection technology;
``(E) advanced unattended surveillance sensors;
``(F) mobile vehicle-mounted and man-portable surveillance
capabilities;
``(G) unmanned aircraft systems;
``(H) tunnel detection systems and other seismic
technology;
``(I) fiber-optic cable; and
``(J) other border detection, communication, and
surveillance technology.
``(7) Unmanned aircraft system.--The term `unmanned
aircraft system' has the meaning given such term in section
44801 of title 49, United States Code.''.
SEC. 504. BORDER AND PORT SECURITY TECHNOLOGY INVESTMENT
PLAN.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Homeland Security of the House of
Representatives; and
(D) the Committee on Appropriations of the House of
Representatives.
(2) Covered officials.--The term ``covered officials''
means--
(A) the Under Secretary for Management of the Department;
(B) the Under Secretary for Science and Technology of the
Department; and
(C) the Chief Information Officer of the Department.
(3) Unlawfully present.--The term ``unlawfully present''
has the meaning provided such term in section
212(a)(9)(B)(ii) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(9)(B)(ii)).
(b) In General.--Not later than 180 days after the date of
the enactment of this Act, the Commissioner, in consultation
with covered officials and border and port security
technology stakeholders, shall submit to the appropriate
congressional committees a strategic 5-year technology
investment plan (referred to in this section as the
``Plan''). The Plan may include a classified annex, if
appropriate.
(c) Contents of Plan.--The Plan shall include--
(1) an analysis of security risks at and between ports of
entry along the northern and southern borders of the United
States;
(2) the identification of capability gaps with respect to
security at and between such ports of entry to be mitigated
in order to--
(A) prevent terrorists and instruments of terror from
entering the United States;
(B) combat and reduce cross-border criminal activity,
including--
(i) the transport of illegal goods, such as illicit drugs;
and
(ii) human smuggling and human trafficking; and
(C) facilitate the flow of legal trade across the southwest
border;
(3) an analysis of current and forecast trends relating to
the number of aliens who--
(A) unlawfully entered the United States by crossing the
northern or southern border of the United States; or
(B) are unlawfully present in the United States;
(4) a description of security-related technology
acquisitions, listed in order of priority, to address the
security risks and capability gaps analyzed and identified
pursuant to paragraphs (1) and (2), respectively;
(5) a description of each planned security-related
technology program, including objectives, goals, and
timelines for each such program;
(6) the identification of each deployed security-related
technology that is at or near the end of the life cycle of
such technology;
(7) a description of the test, evaluation, modeling, and
simulation capabilities, including target methodologies,
rationales, and timelines, necessary to support the
acquisition of security-related technologies pursuant to
paragraph (4);
(8) the identification and an assessment of ways to
increase opportunities for communication and collaboration
with the private sector, small and disadvantaged businesses,
intragovernment entities, university centers of excellence,
and Federal laboratories to ensure CBP is able to engage with
the market for security-related technologies that are
available to satisfy its mission needs before engaging in an
acquisition of a security-related technology;
(9) an assessment of the management of planned security-
related technology programs by the acquisition workforce of
CBP;
(10) the identification of ways to leverage already-
existing acquisition expertise within the Federal Government;
(11) a description of the security resources, including
information security resources, required to protect security-
related technology from physical or cyber theft, diversion,
sabotage, or attack;
(12) a description of initiatives--
(A) to streamline the acquisition process of CBP; and
(B) to provide to the private sector greater predictability
and transparency with respect to such process, including
information relating to the timeline for testing and
evaluation of security-related technology;
(13) an assessment of the privacy and security impact on
border communities of security-related technology;
(14) in the case of a new acquisition leading to the
removal of equipment from a port of entry along the northern
or southern border of the United States, a strategy to
consult with the private sector and community stakeholders
affected by such removal;
(15) a strategy to consult with the private sector and
community stakeholders with respect to security impacts at a
port of entry described in paragraph (14); and
(16) the identification of recent technological
advancements in--
(A) manned aircraft sensor, communication, and common
operating picture technology;
(B) unmanned aerial systems and related technology,
including counter-unmanned aerial system technology;
(C) surveillance technology, including--
(i) mobile surveillance vehicles;
(ii) associated electronics, including cameras, sensor
technology, and radar;
(iii) tower-based surveillance technology;
(iv) advanced unattended surveillance sensors; and
(v) deployable, lighter-than-air, ground surveillance
equipment;
(D) nonintrusive inspection technology, including non-x-ray
devices utilizing muon tomography and other advanced
detection technology;
(E) tunnel detection technology; and
(F) communications equipment, including--
(i) radios;
(ii) long-term evolution broadband; and
(iii) miniature satellites.
(d) Leveraging the Private Sector.--To the extent
practicable, the Plan shall--
(1) leverage emerging technological capabilities, and
research and development trends, within the public and
private sectors;
(2) incorporate input from the private sector, including
from border and port security
[[Page S1910]]
stakeholders, through requests for information, industry day
events, and other innovative means consistent with the
Federal Acquisition Regulation (or any successor regulation);
and
(3) identify security-related technologies that are in
development or deployed, with or without adaptation, that may
satisfy the mission needs of CBP.
(e) Form.--To the extent practicable, the Plan shall be
published in unclassified form on the website of the
Department.
(f) Disclosure.--The Plan shall identify individuals who
contributed to the development of the Plan who are not
employed by the Federal Government, and their professional
affiliations.
(g) Update and Report.--Not later than 2 years after the
date on which the Plan is submitted to the appropriate
congressional committees pursuant to subsection (b) and
biennially thereafter for the following 10 years, the
Commissioner shall submit to the appropriate congressional
committees--
(1) an update of the Plan, if appropriate; and
(2) a report that includes--
(A) the extent to which each security-related technology
acquired by CBP since the initial submission of the plan or
most recent update of the plan, as the case may be, is
consistent with the planned technology programs and projects
described pursuant to subsection (c)(5); and
(B) the type of contract and the reason for acquiring each
such security-related technology.
SEC. 505. BORDER SECURITY TECHNOLOGY PROGRAM MANAGEMENT.
(a) In General.--Subtitle C of title IV of the Homeland
Security Act of 2002 (6 U.S.C. 231 et seq.) is amended by
adding at the end the following:
``SEC. 437. BORDER SECURITY TECHNOLOGY PROGRAM MANAGEMENT.
``(a) Defined Term.--In this section, the term `major
acquisition program' means an acquisition program of the
Department that is estimated by the Secretary to require an
eventual total expenditure of at least $100,000,000 (based on
fiscal year 2023 constant dollars) over its life-cycle cost.
``(b) Planning Documentation.--For each border security
technology acquisition program of the Department that is
determined to be a major acquisition program, the Secretary
shall--
``(1) ensure that each such program has a written
acquisition program baseline approved by the relevant
acquisition decision authority;
``(2) document that each such program is satisfying cost,
schedule, and performance thresholds as specified in such
baseline, in compliance with relevant departmental
acquisition policies and the Federal Acquisition Regulation;
and
``(3) have a plan for satisfying program implementation
objectives by managing contractor performance.
``(c) Adherence to Standards.--The Secretary, acting
through the Under Secretary for Management and the
Commissioner of U.S. Customs and Border Protection, shall
ensure border security technology acquisition program
managers who are responsible for carrying out this section
adhere to relevant internal control standards identified by
the Comptroller General of the United States. The
Commissioner shall provide information, as needed, to assist
the Under Secretary in monitoring management of border
security technology acquisition programs under this section.
``(d) Plan.--The Secretary, acting through the Under
Secretary for Management, in coordination with the Under
Secretary for Science and Technology and the Commissioner of
U.S. Customs and Border Protection, shall submit to the
Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Homeland Security of the
House of Representatives a plan for testing, evaluating, and
using independent verification and validation of resources
relating to the proposed acquisition of border security
technology. Under such plan, the proposed acquisition of new
border security technologies shall be evaluated through a
series of assessments, processes, and audits to ensure--
``(1) compliance with relevant departmental acquisition
policies and the Federal Acquisition Regulation (or any
successor regulation); and
``(2) the effective use of taxpayer dollars.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
inserting after the item relating to section 436 the
following:
``Sec. 437. Border security technology program management.''.
(c) Prohibition on Additional Authorization of
Appropriations.--No additional funds are authorized to be
appropriated to carry out section 437 of the Homeland
Security Act of 2002, as added by subsection (a).
SEC. 506. U.S. CUSTOMS AND BORDER PROTECTION TECHNOLOGY
UPGRADES.
(a) Secure Communications.--The Commissioner shall ensure
that each CBP officer or agent, as appropriate, is equipped
with a secure radio or other 2-way communication device that
allows each such officer or agent to communicate--
(1) between ports of entry and inspection stations; and
(2) with other Federal, State, Tribal, and local law
enforcement entities.
(b) Border Security Deployment Program.--
(1) Expansion.--Not later than September 30, 2025, the
Commissioner shall--
(A) fully implement the CBP Border Security Deployment
Program; and
(B) expand the integrated surveillance and intrusion
detection system at land ports of entry along the northern
and southern borders of the United States.
(2) Authorization of appropriations.--In addition to
amounts otherwise authorized to be appropriated for such
purpose, there is authorized to be appropriated $33,000,000
for fiscal years 2024 and 2025 to carry out paragraph (1).
(c) Upgrade of License Plate Readers at Ports of Entry.--
(1) Upgrade.--Not later than 2 years after the date of the
enactment of this Act, the Commissioner shall upgrade all
existing license plate readers in need of upgrade, as
determined by the Commissioner, along the northern and
southern borders of the United States.
(2) Authorization of appropriations.--In addition to
amounts otherwise authorized to be appropriated for such
purpose, there is authorized to be appropriated $125,000,000
for fiscal years 2024 and 2025 to carry out paragraph (1).
SEC. 507. U.S. CUSTOMS AND BORDER PROTECTION PERSONNEL.
(a) Retention Bonus.--There is authorized to be
appropriated up to $100,000,000 to the Commissioner to
provide a retention bonus to any front-line U.S. Border
Patrol law enforcement agent--
(1) whose position is equal to or below level GS-12 of the
General Schedule;
(2) who has completed at least 5 years of service with the
U.S. Border Patrol; and
(3) who commits to 2 years of additional service with the
U.S. Border Patrol upon acceptance of such bonus.
(b) Border Patrol Agents.--Not later than September 30,
2025, the Commissioner shall hire, train, and assign a
sufficient number of Border Patrol agents to maintain an
active duty presence of not fewer than 22,000 full-time
equivalent Border Patrol agents, who may not perform the
duties of processing coordinators.
(c) Prohibition Against Alien Travel.--Personnel and
equipment of Air and Marine Operations may not be used for
the transportation of nondetained aliens, or detained aliens
expected to be administratively released upon arrival, from
the southwest border to destinations within the United
States.
(d) GAO Report.--If the staffing level required under this
section is not achieved by the date associated with such
level, the Comptroller General of the United States shall--
(1) conduct a review of the reasons why such level was not
so achieved; and
(2) not later than September 30, 2027, publish a report on
a publicly available website of the Government Accountability
Office that contains the findings of the review conducted
pursuant to paragraph (1).
SEC. 508. ANTI-BORDER CORRUPTION ACT REAUTHORIZATION.
(a) Hiring Flexibility.--Section 3 of the Anti-Border
Corruption Act of 2010 (6 U.S.C. 221; Public Law 111-376) is
amended by striking subsection (b) and inserting the
following:
``(b) Waiver Requirement.--Subject to subsection (c), the
Commissioner of U.S. Customs and Border Protection shall
waive the application of subsection (a)(1)--
``(1) to a current, full-time law enforcement officer
employed by a State or local law enforcement agency who--
``(A) has continuously served as a law enforcement officer
for not fewer than 3 years;
``(B) is authorized by law to engage in or supervise the
prevention, detection, investigation, or prosecution of, or
the incarceration of any person for, any violation of law,
and has statutory powers for arrest or apprehension; and
``(C) is not currently under investigation, has not been
found to have engaged in criminal activity or serious
misconduct, has not resigned from a law enforcement officer
position under investigation or in lieu of termination, and
has not been dismissed from a law enforcement officer
position;
``(2) to a current, full-time Federal law enforcement
officer who--
``(A) has continuously served as a law enforcement officer
for not fewer than three years;
``(B) is authorized to make arrests, conduct
investigations, conduct searches, make seizures, carry
firearms, and serve orders, warrants, and other processes;
``(C) is not currently under investigation, has not been
found to have engaged in criminal activity or serious
misconduct, has not resigned from a law enforcement officer
position under investigation or in lieu of termination, and
has not been dismissed from a law enforcement officer
position; and
``(D) holds a current Tier 4 background investigation or
current Tier 5 background investigation; or
``(3) to a member of the Armed Forces (or a reserve
component thereof) or a veteran, if such individual--
``(A) has served in the Armed Forces for not fewer than
three years;
``(B) holds, or has held within the past five years, a
Secret, Top Secret, or Top Secret/Sensitive Compartmented
Information clearance;
``(C) holds, or has undergone within the past five years, a
current Tier 4 background investigation or current Tier 5
background investigation;
[[Page S1911]]
``(D) received, or is eligible to receive, an honorable
discharge from service in the Armed Forces and has not
engaged in criminal activity or committed a serious military
or civil offense under the Uniform Code of Military Justice;
and
``(E) was not granted any waivers to obtain the clearance
referred to in subparagraph (B).
``(c) Termination of Waiver Requirement; Snap-Back.--The
requirement to issue a waiver under subsection (b) shall
terminate if the Commissioner of U.S. Customs and Border
Protection certifies to the Committee on Homeland Security
and Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives that U.S.
Customs and Border Protection has met all requirements
pursuant to section 507 of the Secure the Border Act of 2023
relating to personnel levels. If at any time after such
certification personnel levels fall below such requirements,
the Commissioner shall waive the application of subsection
(a)(1) until such time as the Commissioner recertifies to
such congressional committees that U.S. Customs and Border
Protection has so met all such requirements.''.
(b) Supplemental Commissioner Authority; Reporting;
Definitions.--The Anti-Border Corruption Act of 2010 (Public
Law 111-376) is amended by adding at the end the following:
``SEC. 5. SUPPLEMENTAL COMMISSIONER AUTHORITY.
``(a) Nonexemption.--An individual who receives a waiver
described in section 3(b) is not exempt from any 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.--An individual who
receives a waiver described in section 3(b) who holds a
current Tier 4 background investigation shall be subject to a
Tier 5 background investigation.
``(c) Administration of Polygraph Examination.--The
Commissioner of U.S. Customs and Border Protection is
authorized to administer a polygraph examination to an
applicant or employee who is eligible for or receives a
waiver described in section 3(b) if information is discovered
before the completion of a background investigation that
results in a determination that a polygraph examination is
necessary to make a final determination regarding suitability
for employment or continued employment.
``SEC. 6. REPORTING.
``(a) Annual Report.--Not later than 1 year after the date
of the enactment of the Secure the Border Act of 2023 and
annually thereafter while the waiver authority under section
3(b) is in effect, the Commissioner of U.S. Customs and
Border Protection shall submit a report to Congress that
includes, with respect to each such reporting period--
``(1) information relating to the number of waivers granted
under such section 3(b);
``(2) information relating to the percentage of applicants
who were hired after receiving such a waiver;
``(3) information relating to the number of instances that
a polygraph was administered to an applicant who initially
received such a waiver and the results of such polygraph;
``(4) an assessment of the current impact of such waiver
authority on filling law enforcement positions at U.S.
Customs and Border Protection; and
``(5) the identification of additional authorities needed
by U.S. Customs and Border Protection to better utilize such
waiver authority for its intended goals.
``(b) Additional Information.--The first report submitted
pursuant to 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 applicants or employees for suitability
for employment or continued employment; 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).
``SEC. 7. DEFINITIONS.
``In this Act:
``(1) Federal law enforcement officer.--The term `Federal
law enforcement officer' means a `law enforcement officer',
as such term is defined in section 8331(20) or 8401(17) of
title 5, United States Code.
``(2) Serious military or civil offense.--The term `serious
military or civil offense' means an offense for which--
``(A) a member of the Armed Forces may be discharged or
separated from service in the Armed Forces; and
``(B) a punitive discharge is, or would be, authorized for
the same or a closely related offense under the Manual for
Court-Martial, as pursuant to Army Regulation 635-200,
chapter 14-12.
``(3) Tier 4; tier 5.--The terms `Tier 4' and `Tier 5',
with respect to background investigations, have the meaning
given such terms under the 2012 Federal Investigative
Standards.
``(4) Veteran.--The term `veteran' has the meaning given
such term in section 101(2) of title 38, United States
Code.''.
(c) Polygraph Examiners.--Not later than September 30,
2025, the Secretary shall increase to not fewer than 150 the
number of trained full-time equivalent polygraph examiners
for administering polygraphs under the Anti-Border Corruption
Act of 2010, as amended by this section.
SEC. 509. ESTABLISHMENT OF WORKLOAD STAFFING MODELS FOR U.S.
BORDER PATROL AND AIR AND MARINE OPERATIONS OF
CBP.
(a) Defined Term.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(2) the Committee on Homeland Security of the House of
Representatives.
(b) In General.--Not later than 1 year after the date of
the enactment of this Act, the Commissioner, in coordination
with the Under Secretary for Management, the Chief Human
Capital Officer, and the Chief Financial Officer of the
Department, shall implement a workload staffing model for--
(1) the U.S. Border Patrol; and
(2) CBP Air and Marine Operations.
(c) Responsibilities of the Commissioner.--Section 411(c)
of the Homeland Security Act of 2002 (6 U.S.C. 211(c)), is
amended--
(1) by redesignating paragraphs (18) and (19) as paragraphs
(20) and (21), respectively; and
(2) by inserting after paragraph (17) the following:
``(18) implement a staffing model for the U.S. Border
Patrol, Air and Marine Operations, and the Office of Field
Operations that includes consideration for essential
frontline operator activities and functions, variations in
operating environments, present and planned infrastructure,
present and planned technology, and required operations
support levels to enable such entities to manage and assign
personnel of such entities to ensure field and support posts
possess adequate resources to carry out duties specified in
this section;
``(19) develop standard operating procedures for a
workforce tracking system within the U.S. Border Patrol, Air
and Marine Operations, and the Office of Field Operations,
train the workforce of each of such entities on the use,
capabilities, and purpose of such system, and implement
internal controls to ensure timely and accurate scheduling
and reporting of actual completed work hours and
activities;''.
(d) Report.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act with respect to subsection (b) and
paragraphs (18) and (19) of section 411(c) of the Homeland
Security Act of 2002, as amended by subsection (c), and
annually thereafter with respect to such paragraphs (18) and
(19), the Secretary shall submit a report to the appropriate
congressional committees a report that includes a status
update regarding--
(A) the implementation of subsection (b) and such
paragraphs (18) and (19); and
(B) each relevant workload staffing model.
(2) Data sources and methodology required.--Each report
required under paragraph (1) shall include information
relating to the data sources and methodology used to generate
each relevant staffing model.
(e) Inspector General Review.--Not later than 90 days after
the Commissioner develops the workload staffing models
pursuant to subsection (b), the Inspector General of the
Department shall review such models and provide feedback to
the Secretary and the appropriate congressional committees
with respect to the degree to which such models are
responsive to the recommendations of the Inspector General,
including--
(1) recommendations from the Inspector General's February
2019 audit; and
(2) any further recommendations to improve such models.
SEC. 510. OPERATION STONEGARDEN.
(a) In General.--Subtitle A of title XX of the Homeland
Security Act of 2002 (6 U.S.C. 601 et seq.) is amended by
adding at the end the following:
``SEC. 2010. OPERATION STONEGARDEN.
``(a) Establishment.--There is established in the
Department a program, to be known as `Operation Stonegarden',
under which the Secretary, acting through the Administrator,
shall work through State administrative agencies to award
grants to eligible law enforcement agencies, which shall be
expended to enhance border security in accordance with this
section.
``(b) Eligible Recipients.--A law enforcement agency is
eligible to receive a grant under this section if the
agency--
``(1) is located in--
``(A) a State bordering Canada or Mexico; or
``(B) a State or territory with a maritime border;
``(2) is involved in an active, ongoing, U.S. Customs and
Border Protection operation coordinated through a U.S. Border
Patrol sector office; and
``(3) has an agreement with U.S. Immigration and Customs
Enforcement to support enforcement operations.
``(c) Permitted Uses.--A recipient of a grant under this
section may expend grant funds for costs associated with--
``(1) equipment, including maintenance and sustainment;
``(2) personnel, including overtime and backfill, in
support of enhanced border law enforcement activities; and
``(3) any activity permitted for Operation Stonegarden
under the most recent fiscal year Department of Homeland
Security's Homeland Security Grant Program Notice of Funding
Opportunity.
[[Page S1912]]
``(d) Period of Performance.--The Secretary shall award
grants under this section to grant recipients for a period
that is not shorter than 3 years.
``(e) Notification.--Immediately after denying a grant to a
law enforcement agency, the Administrator shall provide
written notice to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives that
describes the reasons for such denial.
``(f) Report.--For each of the fiscal years 2024 through
2028 the Administrator shall submit a report to the Committee
on Homeland Security and Governmental Affairs of the Senate
and the Committee on Homeland Security of the House of
Representatives that contains--
``(1) information regarding the expenditures of grant
funding under this section by each grant recipient; and
``(2) recommendations for other uses of such grant funding
to further support eligible law enforcement agencies.
``(g) Authorization of Appropriations.--There is authorized
to be appropriated $110,000,000 for each of the fiscal years
2024 through 2028 for grants under this section.''.
(b) Conforming Amendment.--Section 2002(a) of the Homeland
Security Act of 2002 (6 U.S.C. 603(a)) is amended to read as
follows:
``(a) Grants Authorized.--The Secretary, through the
Administrator, may award grants under sections 2003, 2004,
2009, and 2010 to State, local, and Tribal governments, as
appropriate.''.
(c) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
inserting after the item relating to section 2009 the
following:
``Sec. 2010. Operation Stonegarden.''.
SEC. 511. AIR AND MARINE OPERATIONS FLIGHT HOURS.
(a) Definitions.--In this section:
(1) Got away.--The term ``got away'' has the meaning given
such term in section 1092(a)(3) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 6
U.S.C. 223(a)(3)).
(2) Transit zone.--The term ``transit zone'' has the
meaning given such term in section 1092(a)(8) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law
114-328; 6 U.S.C. 223(a)(8)).
(b) Air and Marine Operations Flight Hours.--Not later than
120 days after the date of the enactment of this Act, the
Secretary shall ensure that not fewer than 110,000 annual
flight hours are carried out by CBP Air and Marine
Operations.
(c) Unmanned Aircraft Systems.--The Secretary, after
coordination with the Administrator of the Federal Aviation
Administration, shall ensure that Air and Marine Operations
continuously operate unmanned aircraft systems along the
southern border of the United States.
(d) Primary Missions.--The Commissioner shall ensure that--
(1) the primary missions for Air and Marine Operations are
to directly support--
(A) U.S. Border Patrol activities along the borders of the
United States; and
(B) Joint Interagency Task Force South and Joint
Interagency Task Force East operations in the transit zone;
and
(2) the Executive Assistant Commissioner, Air and Marine
Operations assigns the greatest priority to support missions
specified in paragraph (1).
(e) High Demand Flight Hour Requirements.--The Commissioner
shall--
(1) ensure that U.S. Border Patrol Sector Chiefs identify
air support mission-critical hours; and
(2) direct Air and Marine Operations to support requests
from such Sector Chiefs as a component of the primary mission
of Air and Marine Operations in accordance with subsection
(d)(1)(A).
(f) Contract Air Support Authorizations.--The Commissioner
shall contract for air support mission-critical hours to meet
the requests for such hours, as identified pursuant to
subsection (e).
(g) Small Unmanned Aircraft Systems.--
(1) In general.--The Chief, U.S. Border Patrol shall be the
executive agent with respect to the use of small unmanned
aircraft by CBP for the purposes of--
(A) meeting the unmet flight hour operational requirements
of U.S. Border Patrol; and
(B) achieving situational awareness and operational control
of the borders of the United States.
(2) Coordination.--In carrying out paragraph (1), the
Chief, U.S. Border Patrol shall coordinate--
(A) flight operations with the Administrator of the Federal
Aviation Administration to ensure the safe and efficient
operation of the national airspace system; and
(B) with the Executive Assistant Commissioner for CBP Air
and Marine Operations--
(i) to ensure the safety of other CBP aircraft flying in
the vicinity of small unmanned aircraft operated by U.S.
Border Patrol; and
(ii) to establish a process to include data from flight
hours in the calculation of got away statistics.
(3) Conforming amendment.--Section 411(e)(3) of the
Homeland Security Act of 2002 (6 U.S.C. 211(e)(3)) is
amended--
(A) in subparagraph (B), by striking ``and'' after the
semicolon at the end;
(B) by redesignating subparagraph (C) as subparagraph (D);
and
(C) by inserting after subparagraph (B) the following:
``(C) carry out the small unmanned aircraft (as such term
is defined in section 44801 of title 49, United States Code)
requirements pursuant to section 511(g) of the Secure the
Border Act of 2023; and''.
(h) Rule of Construction.--Nothing in this section may be
construed as conferring, transferring, or delegating to the
Secretary, the Commissioner, the Executive Assistant
Commissioner for Air and Marine Operations, or the Chief,
U.S. Border Patrol any authority of the Secretary of
Transportation or the Administrator of the Federal Aviation
Administration relating to the use of airspace or aviation
safety.
SEC. 512. ERADICATION OF CARRIZO CANE AND SALT CEDAR.
(a) In General.--Not later than 30 days after the date of
the enactment of this Act, the Secretary, in coordination
with the heads of relevant Federal, State, and local
agencies, shall hire contractors to begin eradicating the
carrizo cane plant and any salt cedar along the Rio Grande
River that impedes border security operations. Such
eradication shall be completed--
(1) by not later than September 30, 2027, except for
required maintenance; and
(2) in the most expeditious and cost-effective manner
possible to maintain clear fields of view.
(b) Application.--The waiver authority under section 102(c)
of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1103 note), as amended
by section 503, shall apply to activities carried out
pursuant to subsection (a).
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary 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 strategic plan to eradicate all
carrizo cane plant and salt cedar along the Rio Grande River
that impedes border security operations by not later than
September 30, 2027.
(d) Authorization of Appropriations.--There is authorized
to be appropriated $7,000,000 to the Secretary for each of
the fiscal years 2024 through 2028 to carry out this section.
SEC. 513. BORDER PATROL STRATEGIC PLAN.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act and biennially thereafter, the
Commissioner, acting through the Chief, U.S. Border Patrol,
shall issue a Border Patrol Strategic Plan (referred to in
this section as the ``Plan'') to enhance the security of the
borders of the United States.
(b) Elements.--The Plan shall include--
(1) the consideration of Border Patrol Capability Gap
Analysis reporting, Border Security Improvement Plans, and
any other strategic document authored by U.S. Border Patrol
to address security gaps between ports of entry, including
efforts to mitigate threats identified in such analyses,
plans, and documents;
(2) information relating to the dissemination of
information relating to border security or border threats
with respect to the efforts of the Department and other
appropriate Federal agencies;
(3) information relating to efforts by U.S. Border Patrol--
(A) to increase situational awareness, including--
(i) surveillance capabilities, such as capabilities
developed or utilized by the Department of Defense, and any
appropriate technology determined to be excess by the
Department of Defense; and
(ii) the use of manned aircraft and unmanned aircraft;
(B) to detect and prevent terrorists and instruments of
terrorism from entering the United States;
(C) to detect, interdict, and disrupt between ports of
entry aliens unlawfully present in the United States;
(D) to detect, interdict, and disrupt human smuggling,
human trafficking, drug trafficking, and other illicit cross-
border activity;
(E) to focus intelligence collection to disrupt
transnational criminal organizations outside of the
international and maritime borders of the United States; and
(F) to ensure that any new border security technology can
be operationally integrated with existing technologies in use
by the Department;
(4) information relating to initiatives of the Department
with respect to operational coordination, including any
relevant task forces of the Department;
(5) information gathered from the lessons learned by the
deployments of the National Guard to the southern border of
the United States;
(6) a description of cooperative agreements relating to
information sharing with State, local, Tribal, territorial,
and other Federal law enforcement agencies that have
jurisdiction on the borders of the United States;
(7) information relating to border security information
received from--
(A) State, local, Tribal, territorial, and other Federal
law enforcement agencies that have jurisdiction on the
borders of the United States or in the maritime environment;
(B) border community stakeholders, including
representatives from--
(i) border agricultural and ranching organizations;
[[Page S1913]]
(ii) business and civic organizations;
(iii) hospitals and rural clinics within 150 miles of a
United States border;
(iv) victims of crime committed by aliens unlawfully
present in the United States;
(v) victims impacted by drugs, transnational criminal
organizations, cartels, gangs, or other criminal activity;
(vi) farmers, ranchers, and property owners along the
border; and
(vii) other individuals negatively impacted by illegal
immigration;
(8) information relating to the staffing requirements with
respect to border security for the Department;
(9) a prioritized list of Department research and
development objectives to enhance the security of the borders
of the United States; and
(10) an assessment of training programs, including programs
relating to--
(A) identifying and detecting fraudulent documents;
(B) understanding the scope of CBP enforcement authorities
and appropriate use of force policies; and
(C) screening, identifying, and addressing vulnerable
populations, such as children and victims of human
trafficking.
SEC. 514. U.S. CUSTOMS AND BORDER PROTECTION SPIRITUAL
READINESS.
Not later than 1 year after the date of the enactment of
this Act and annually thereafter for the following 5 years,
the Commissioner shall submit a report to the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Homeland Security of the House of
Representatives regarding--
(1) the availability and usage of the assistance of
chaplains, prayer groups, houses of worship, and other
spiritual resources for members of CBP who identify as
religiously affiliated and have attempted suicide, have
suicidal ideation, or are at risk of suicide; and
(2) metrics on the impact such resources have in assisting
religiously affiliated members who have access to and utilize
such resources compared to religiously affiliated members who
do not have such access.
SEC. 515. RESTRICTIONS ON FUNDING.
(a) Arriving Aliens.--No funds are authorized to be
appropriated to the Department to process the entry into the
United States of aliens arriving in between ports of entry.
(b) Restriction on Nongovernmental Organization Support for
Unlawful Activity.--No funds are authorized to be
appropriated to the Department for disbursement to any
nongovernmental organization that facilitates or encourages
unlawful activity, including unlawful entry, human
trafficking, human smuggling, drug trafficking, and drug
smuggling.
(c) Restriction on Nongovernmental Organization
Facilitation of Illegal Immigration.--No funds are authorized
to be appropriated to the Department for disbursement to any
nongovernmental organization to provide, or facilitate the
provision of, transportation, lodging, or immigration legal
services to inadmissible aliens who enter the United States
after the date of the enactment of this Act.
SEC. 516. COLLECTION OF DNA AND BIOMETRIC INFORMATION AT THE
BORDER.
Not later than 14 days after the date of the enactment of
this Act, the Secretary shall ensure and certify to the
Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Homeland Security of the
House of Representatives that CBP is fully compliant with
Federal DNA and biometric collection requirements at United
States land borders.
SEC. 517. ERADICATION OF NARCOTIC DRUGS AND FORMULATING
EFFECTIVE NEW TOOLS TO ADDRESS YEARLY LOSSES OF
LIFE; ENSURING TIMELY UPDATES TO U.S. CUSTOMS
AND BORDER PROTECTION FIELD MANUALS.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, and not less frequently than
triennially thereafter, the Commissioner of U.S. Customs and
Border Protection shall review and update, as necessary, the
current policies and manuals of the Office of Field
Operations related to inspections at ports of entry, and of
U.S. Border Patrol related to inspections between ports of
entry, to ensure the uniform implementation of inspection
practices that will effectively respond to technological and
methodological changes designed to disguise unlawful
activity, such as the smuggling of drugs and humans, along
the border.
(b) Reporting Requirement.--Not later than 90 days after
each update required under subsection (a), the Commissioner
of U.S. Customs and Border Protection shall submit a report
to the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Homeland Security
of the House of Representatives that summarizes any policy
and manual changes pursuant to subsection (a).
SEC. 518. PUBLICATION OF OPERATIONAL STATISTICS BY U.S.
CUSTOMS AND BORDER PROTECTION.
(a) Definitions.--In this section:
(1) Alien encounters.--The term ``alien encounters'' means
aliens apprehended, determined inadmissible, or processed for
removal by U.S. Customs and Border Protection.
(2) Got away.--The term ``got away'' has the meaning given
such term in section 1092(a) of the National Defense
Authorization Act for Fiscal Year 2017 (6 U.S.C. 223(a)).
(3) Terrorist screening database.--The term ``terrorist
screening database'' has the meaning given such term in
section 2101 of the Homeland Security Act of 2002 (6 U.S.C.
621).
(4) Unaccompanied alien child.--The term ``unaccompanied
alien child'' has the meaning given such term in section
462(g) of the Homeland Security Act of 2002 (6 U.S.C.
279(g)).
(b) In General.--Not later than the seventh day of each
month beginning with the second full month after the date of
the enactment of this Act, the Commissioner of U.S. Customs
and Border Protection shall publish on a publicly available
website of the Department of Homeland Security information
for the immediately preceding month relating to--
(1) the total number of alien encounters and nationalities;
(2) unique alien encounters and nationalities;
(3) gang affiliated apprehensions and nationalities;
(4) drug seizures;
(5) alien encounters included in the terrorist screening
database and nationalities;
(6) arrests of criminal aliens or individuals wanted by law
enforcement and nationalities;
(7) known got aways;
(8) encounters with deceased aliens; and
(9) all other related or associated statistics recorded by
U.S. Customs and Border Protection.
(c) Contents.--Each monthly publication required under
subsection (b) shall include--
(1) the aggregate such number, and such number
disaggregated by geographic regions, of such recordings and
encounters, including specifications relating to whether such
recordings and encounters were at the southwest, northern, or
maritime border;
(2) the identification of the Office of Field Operations
field office, U.S. Border Patrol sector, or Air and Marine
Operations branch making each recording or encounter;
(3) information relating to whether each recording or
encounter of an alien was of a single adult, an unaccompanied
alien child, or an individual in a family unit;
(4) information relating to the processing disposition of
each alien recording or encounter;
(5) information relating to the nationality of each alien
who is the subject of each recording or encounter;
(6) the total number of individuals included 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)) who have repeatedly attempted to cross unlawfully into
the United States; and
(7) the total number of individuals included in the
terrorist screening database who have been apprehended,
including information relating to whether such individuals
were released into the United States or removed.
(d) Exceptions.--If the Commissioner of U.S. Customs and
Border Protection does not publish the information required
under subsections (a) and (b) in any month by the date
specified in subsection (a), the Commissioner shall brief the
Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Homeland Security of the
House of Representatives regarding the reason for such
nonpublication by not later than the date that is 2 business
days after the tenth day of such month.
SEC. 519. ALIEN CRIMINAL BACKGROUND CHECKS.
(a) In General.--Not later than 7 days after the date of
the enactment of this Act, the Commissioner shall submit a
certification to the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on the
Judiciary of the Senate, the Committee on Homeland Security
of the House of Representatives, and the Committee on the
Judiciary of the House of Representatives that CBP has real-
time access to the criminal history databases of all
countries of origin and transit for aliens encountered by CBP
to perform criminal history background checks for such
aliens.
(b) Standards.--The certification required under subsection
(a) shall include a determination whether the criminal
history databases of a country are accurate, up to date,
digitized, searchable, and otherwise meet the standards of
the Federal Bureau of Investigation for criminal history
databases maintained by State and local governments.
(c) Certification.--The Secretary shall annually submit a
certification to the congressional committees listed in
subsection (a) that each database referred to in subsection
(b) that the Secretary accessed or sought to access pursuant
to this section met the standards described in subsection
(b).
SEC. 520. PROHIBITED IDENTIFICATION DOCUMENTS AT AIRPORT
SECURITY CHECKPOINTS; NOTIFICATION TO
IMMIGRATION AGENCIES.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Transportation Security Administration.
(2) Biometric information.--The term ``biometric
information'' means--
(A) a fingerprint;
(B) a palm print;
(C) a photograph, including--
(i) a photograph of an individual's face for use with
facial recognition technology; and
(ii) a photograph of any physical or anatomical feature,
such as a scar, skin mark, or tattoo;
(D) a signature;
[[Page S1914]]
(E) a voice print; and
(F) an iris image.
(3) Covered identification document.--The term ``covered
identification document'' means a valid and unexpired--
(A) United States passport or passport card;
(B) biometrically secure card issued by a trusted traveler
program of the Department, including--
(i) Global Entry;
(ii) Nexus;
(iii) Secure Electronic Network for Travelers Rapid
Inspection (SENTRI); and
(iv) Free and Secure Trade (FAST);
(C) identification card issued by the Department of
Defense, including such a card issued to a dependent;
(D) document required for admission to the United States
under section 211(a) of the Immigration and Nationality Act
(8 U.S.C. 1181(a));
(E) enhanced driver's license issued by a State;
(F) photo identification card issued by a federally
recognized Indian Tribe;
(G) personal identity verification credential issued in
accordance with Homeland Security Presidential Directive 12;
(H) driver's license issued by a province of Canada;
(I) Secure Certificate of Indian Status issued by the
Government of Canada;
(J) Transportation Worker Identification Credential (TWIC);
(K) Merchant Mariner Credential (MMC) issued by the Coast
Guard;
(L) Veteran Health Identification Card (VHIC) issued by the
Department of Veterans Affairs; and
(M) document that the Administrator determines, pursuant to
a rulemaking in accordance with section 553 of title 5,
United States Code, will satisfy the identity verification
procedures of the Transportation Security Administration.
(4) Immigration laws.--The term ``immigration laws'' has
the meaning given such term in section 101 of the Immigration
and Nationality Act (8 U.S.C. 1101).
(5) Prohibited identification document.--The term
``prohibited identification document'' means--
(A) a U.S. Immigration and Customs Enforcement Form I-200,
Warrant for Arrest of Alien;
(B) a U.S. Immigration and Customs Enforcement Form I-205,
Warrant of Removal/Deportation;
(C) a U.S. Immigration and Customs Enforcement Form I-220A,
Order of Release on Recognizance;
(D) a U.S. Immigration and Customs Enforcement Form I-220B,
Order of Supervision;
(E) a Department of Homeland Security Form I-862, Notice to
Appear;
(F) a U.S. Customs and Border Protection Form I-94,
Arrival/Departure Record (including a print-out of an
electronic record);
(G) a Department of Homeland Security Form I-385, Notice to
Report;
(H) any document that directs an individual to report to
the Department of Homeland Security;
(I) any Department of Homeland Security work authorization
or employment verification document; and
(J) any applicable successor form to any form listed in
subparagraphs (A) through (I).
(6) Sterile area.--The term ``sterile area'' has the
meaning given such term in section 1540.5 of title 49, Code
of Federal Regulations, or in any successor regulation.
(b) In General.--The Administrator may not accept as valid
proof of identification a prohibited identification document
at an airport security checkpoint.
(c) Notification to Immigration Agencies.--If an individual
presents a prohibited identification document to a
Transportation Security Administration officer at an airport
security checkpoint, the Administrator shall promptly notify
the Director of U.S. Immigration and Customs Enforcement, the
Director of U.S. Customs and Border Protection, and the head
of the appropriate local law enforcement agency to determine
whether the individual is in violation of any term of release
from the custody of any such agency.
(d) Entry Into Sterile Areas.--
(1) In general.--Except as provided in paragraph (2), if an
individual is found to be in violation of any term of release
under subsection (c), the Administrator may not permit such
individual to enter a sterile area.
(2) Exception.--An individual presenting a prohibited
identification document under this section may enter a
sterile area if the individual--
(A) is leaving the United States for the purposes of
removal or deportation; or
(B) presents a covered identification document.
(e) Collection of Biometric Information From Certain
Individuals Seeking Entry Into the Sterile Area of an
Airport.--
(1) In general.--Beginning not later than 120 days after
the date of the enactment of this Act, the Administrator
shall collect biometric information from an individual
described in paragraph (2) before authorizing such individual
to enter into a sterile area.
(2) Individual described.--An individual described in this
paragraph is an individual who--
(A) is seeking entry into the sterile area of an airport;
(B) does not present a covered identification document; and
(C) the Administrator cannot verify is a national of the
United States.
(f) Participation in IDENT.--Beginning not later than 120
days after the date of the enactment of this Act, the
Administrator, in coordination with the Secretary, shall
submit biometric data collected under this section to the
Automated Biometric Identification System (IDENT).
SEC. 521. PROHIBITION AGAINST ANY COVID-19 VACCINE MANDATE OR
ADVERSE ACTION AGAINST DEPARTMENT OF HOMELAND
SECURITY EMPLOYEES.
(a) Limitation on Imposition of New Mandate.--The Secretary
may not issue any COVID-19 vaccine mandate unless Congress
expressly authorizes such a mandate.
(b) Prohibition on Adverse Action.--The Secretary may not
take any adverse action against a Department employee based
solely on the refusal of such employee to receive a vaccine
for COVID-19.
(c) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit a report to
the Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Homeland Security of the
House of Representatives regarding--
(1) the number of Department employees who were terminated
or resigned due to the COVID-19 vaccine mandate;
(2) an estimate of the cost to reinstate such employees;
and
(3) how the Department would effectuate reinstatement of
such employees.
(d) Retention and Development of Unvaccinated Employees.--
The Secretary shall make every effort--
(1) to retain Department employees who are not vaccinated
against COVID-19; and
(2) to provide such employees with professional
development, promotion, leadership opportunities, and
consideration equal to that of their peers.
SEC. 522. U.S. CUSTOMS AND BORDER PROTECTION ONE MOBILE
APPLICATION LIMITATION.
(a) Limitation.--The Department may use the CBP One Mobile
Application or any other similar program, application,
internet-based portal, website, device, or initiative only
for the inspection of perishable cargo.
(b) Report.--Not later than 60 days after the date of the
enactment of this Act, the Commissioner shall submit a report
to the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Homeland Security
of the House of Representatives regarding--
(1) the date on which CBP began using CBP One to allow
aliens to schedule interviews at land ports of entry;
(2) how many aliens have scheduled interviews at land ports
of entry using CBP One;
(3) the nationalities of such aliens; and
(4) the stated final destinations of such aliens within the
United States, if applicable.
SEC. 523. REPORT ON MEXICAN DRUG CARTELS.
Not later than 60 days after the date of the enactment of
this Act, Congress shall commission a report that contains--
(1) a national strategy to address Mexican drug cartels;
(2) a determination regarding whether there should be a
designation established to address such cartels; and
(3) information relating to actions by such cartels that
causes harm to the United States.
SEC. 524. GOVERNMENT ACCOUNTABILITY OFFICE STUDY ON COSTS
INCURRED BY STATES TO SECURE THE SOUTHWEST
BORDER.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Comptroller General of the
United States shall conduct a study to examine--
(1) the costs incurred by individual States as a result of
actions taken by such States in support of the Federal
mission to secure the southwest border; and
(2) the feasibility of a program to reimburse such States
for such costs.
(b) Contents.--The study required under subsection (a)
shall consider--
(1) actions taken by the Department that have contributed
to costs described in such subsection incurred by States to
secure the border in the absence of Federal action, including
the termination of the Migrant Protection Protocols and
cancellation of border wall construction;
(2) actions taken by individual States along the southwest
border to secure their respective borders, and the costs
associated with such actions; and
(3) the feasibility of a program within the Department to
reimburse States for the costs incurred in support of the
Federal mission to secure the southwest border.
SEC. 525. REPORT BY INSPECTOR GENERAL OF THE DEPARTMENT OF
HOMELAND SECURITY.
(a) Annual Report.--Not later than 1 year after the date of
the enactment of this Act and annually thereafter for the
following 5 years, the Inspector General of the Department
shall submit a report to the Committee on Homeland Security
and Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives that
examines the economic and security impact of mass migration
to municipalities and States along the southwest border.
(b) Contents.--Each report required under subsection (a)
shall include information regarding costs incurred by--
(1) State and local law enforcement to secure the southwest
border;
[[Page S1915]]
(2) public school districts to educate students who are
aliens unlawfully present in the United States;
(3) healthcare providers to provide care to aliens
unlawfully present in the United States who have not paid for
such care; and
(4) farmers and ranchers due to migration impacts to their
properties.
(c) Consultation.--In compiling the report required under
subsection (a), the Inspector General of the Department shall
consult with the individuals and representatives of the
entities described in paragraphs (1) through (4) of
subsection (b).
SEC. 526. OFFSETTING AUTHORIZATIONS OF APPROPRIATIONS.
(a) Intelligence, Analysis, and Situational Awareness.--
There is authorized to be appropriated $216,000,000 for
Intelligence, Analysis, and Situational Awareness of the
Department.
(b) Office of the Secretary and Emergency Management.--No
funds are authorized to be appropriated--
(1) to U.S. Immigration and Customs Enforcement for the
Alternatives to Detention Case Management Pilot Program; or
(2) to the Office of the Secretary of the Department for
the Immigration Detention Ombudsman.
(c) Management Directorate.--No funds are authorized to be
appropriated to the Management Directorate of the Department
for electric vehicles or the construction of the St.
Elizabeths Campus.
(d) U.S. Customs and Border Protection.--No funds are
authorized to be appropriated for the Shelter Services
Program for U.S. Customs and Border Protection.
SEC. 527. REPORT TO CONGRESS ON FOREIGN TERRORIST
ORGANIZATIONS.
(a) Defined Term.--In this section, the term ``foreign
terrorist organization'' means an organization described in
section 219 of the Immigration and Nationality Act (8 U.S.C.
1189).
(b) In General.--Not later than 90 days after the date of
the enactment of this Act, and annually thereafter for the
following 5 years, the Secretary shall submit a report to the
Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Homeland Security of the
House of Representatives that assesses attempts by foreign
terrorist organizations to move their members or affiliates
into the United States through the southern, northern, or
maritime border.
SEC. 528. ASSESSMENT BY INSPECTOR GENERAL OF THE DEPARTMENT
OF HOMELAND SECURITY REGARDING THE MITIGATION
OF UNMANNED AIRCRAFT SYSTEMS AT THE SOUTHWEST
BORDER.
Not later than 90 days after the date of the enactment of
this Act, the Inspector General of the Department shall
submit a report to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives that
assesses the ability of U.S. Customs and Border Protection to
mitigate unmanned aircraft systems at the southwest border,
including information regarding any intervention between
January 1, 2021 and the date of the enactment of this Act by
any Federal agency affecting U.S. Customs and Border
Protection's authority to so mitigate such systems.
TITLE II--ASYLUM REFORM AND BORDER PROTECTION
SEC. 531. SAFE THIRD COUNTRY.
Section 208(a)(2)(A) of the Immigration and Nationality Act
(8 U.S.C. 1158(a)(2)(A)) is amended--
(1) by striking ``if the Attorney General determines that''
and inserting ``if the Attorney General or the Secretary of
Homeland Security determines that--'';
(2) by striking ``the alien may be removed, pursuant to a
bilateral or multilateral agreement,'' and inserting the
following:
``(i) the alien may be removed'';
(3) by inserting ``or the Secretary, on a case by case
basis,'' before ``finds that'';
(4) by striking the period at the end and inserting ``;
or''; and
(5) by adding at the end the following:
``(ii) the alien entered, attempted to enter, or arrived in
the United States after transiting through at least one
country outside the alien's country of citizenship,
nationality, or last lawful habitual residence en route to
the United States, unless--
``(I) the alien demonstrates that he or she applied for
protection from persecution or torture in at least one
country outside the alien's country of citizenship,
nationality, or last lawful habitual residence through which
the alien transited en route to the United States, and the
alien received a final judgment denying the alien protection
in each country;
``(II) the alien demonstrates that he or she was--
``(aa) a victim of a severe form of trafficking in which--
``(AA) a commercial sex act was induced by force, fraud, or
coercion;
``(BB) the person induced to perform such act was younger
than 18 years of age; or
``(CC) the trafficking included the recruitment, harboring,
transportation, provision, or obtaining of a person for labor
or services through the use of force, fraud, or coercion for
the purpose of subjection to involuntary servitude, peonage,
debt bondage, or slavery; and
``(bb) unable to apply for protection from persecution in
each country through which the alien transited en route to
the United States as a result of such severe form of
trafficking; or
``(III) the only countries through which the alien
transited en route to the United States were, at the time of
the transit, not parties to the 1951 United Nations
Convention relating to the Status of Refugees, the 1967
Protocol Relating to the Status of Refugees, or the United
Nations Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment.''.
SEC. 532. CREDIBLE FEAR INTERVIEWS.
Section 235(b)(1)(B)(v) of the Immigration and Nationality
Act (8 U.S.C. 1225(b)(1)(B)(v)) is amended by striking
``there is a significant possibility'' and all that follows,
and inserting ``, taking into account the credibility of the
statements made by the alien in support of the alien's claim,
as determined pursuant to section 208(b)(1)(B)(iii), and such
other facts as are known to the officer, the alien more
likely than not could establish eligibility for asylum under
section 208, and it is more likely than not that the
statements made by, and on behalf of, the alien in support of
the alien's claim are true.''.
SEC. 533. CLARIFICATION OF ASYLUM ELIGIBILITY.
Section 208 of the Immigration and Nationality Act (8
U.S.C. 1158) is amended--
(1) in subsection (a), by amending paragraph (1) to read as
follows:
``(1) In general.--Any alien who is physically present in
the United States and has arrived in the United States at a
port of entry (including an alien who is brought to the
United States after having been interdicted in international
or United States waters), irrespective of such alien's
status, may apply for asylum in accordance with this section
or, where applicable, section 235(b).''; and
(2) in subsection (b)(1)(A), by inserting ``(in accordance
with the rules under this section), and is eligible to apply
for asylum under subsection (a)'' after ``section
101(a)(42)(A)''.
SEC. 534. EXCEPTIONS.
Section 208(b)(2) of the Immigration and Nationality Act (8
U.S.C. 1158(b)(2)) is amended to read as follows:
``(2) Exceptions.--
``(A) Definitions.--In this paragraph:
``(i) Battery or extreme cruelty.--The term `battery or
extreme cruelty' includes--
``(I) any act or threatened act of violence, including any
forceful detention, which results or threatens to result in
physical or mental injury;
``(II) psychological or sexual abuse or exploitation,
including rape, molestation, incest, or forced prostitution,
shall be considered acts of violence; and
``(III) other abusive acts, including acts that, in and of
themselves, may not initially appear violent, but that are a
part of an overall pattern of violence.
``(ii) Felony.--The term `felony' means--
``(I) any crime defined as a felony by the relevant
jurisdiction (Federal, State, tribal, or local) of
conviction; or
``(II) any crime punishable by more than one year of
imprisonment.
``(iii) Misdemeanor.--The term `misdemeanor' means--
``(I) any crime defined as a misdemeanor by the relevant
jurisdiction (Federal, State, tribal, or local) of
conviction; or
``(II) any crime not punishable by more than 1 year of
imprisonment.
``(B) In general.--Paragraph (1) shall not apply to an
alien if the Secretary of Homeland Security or the Attorney
General determines that--
``(i) the alien ordered, incited, assisted, or otherwise
participated in the persecution of any person on account of
race, religion, nationality, membership in a particular
social group, or political opinion;
``(ii) the alien has been convicted of any felony under
Federal, State, tribal, or local law;
``(iii) the alien has been convicted of any misdemeanor
offense under Federal, State, tribal, or local law
involving--
``(I) the unlawful possession or use of an identification
document, authentication feature, or false identification
document (as those terms and phrases are defined in the
jurisdiction where the conviction occurred), unless the alien
can establish that the conviction resulted from circumstances
showing that--
``(aa) the document or feature was presented before
boarding a common carrier;
``(bb) the document or feature related to the alien's
eligibility to enter the United States;
``(cc) the alien used the document or feature to depart a
country wherein the alien has claimed a fear of persecution;
and
``(dd) the alien claimed a fear of persecution without
delay upon presenting himself or herself to an immigration
officer upon arrival at a United States port of entry;
``(II) the unlawful receipt of a Federal public benefit (as
defined in section 401(c) of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
1611(c))), from a Federal entity, or the unlawful receipt of
similar public benefits from a State, tribal, or local
entity; or
``(III) possession or trafficking of a controlled substance
or controlled substance paraphernalia, as such terms are
defined under the law of the jurisdiction where the
conviction occurred, other than a single offense involving
possession for one's own use of 30 grams or less of marijuana
(as marijuana is defined under the law of the jurisdiction
where the conviction occurred);
[[Page S1916]]
``(iv) the alien has been convicted of an offense arising
under section 274(a)(1)(A), 274(a)(2), or 276;
``(v) the alien has been convicted of a Federal, State,
tribal, or local crime that the Attorney General or Secretary
of Homeland Security knows, or has reason to believe, was
committed in support, promotion, or furtherance of the
activity of a criminal street gang (as defined under the law
of the jurisdiction where the conviction occurred or in
section 521(a) of title 18, United States Code);
``(vi) the alien has been convicted of an offense for
driving while intoxicated or impaired, as such terms are
defined under the law of the jurisdiction where the
conviction occurred (including a conviction for driving while
under the influence of or impaired by alcohol or drugs),
without regard to whether the conviction is classified as a
misdemeanor or felony under Federal, State, tribal, or local
law, in which such intoxicated or impaired driving was a
cause of serious bodily injury or death of another person;
``(vii) the alien has been convicted of more than 1 offense
for driving while intoxicated or impaired, as those terms are
defined under the law of the jurisdiction where the
conviction occurred (including a conviction for driving while
under the influence of or impaired by alcohol or drugs),
without regard to whether the conviction is classified as a
misdemeanor or felony under Federal, State, tribal, or local
law;
``(viii) the alien has been convicted of a crime--
``(I) that involves conduct amounting to a crime of
stalking;
``(II) of child abuse, child neglect, or child abandonment;
or
``(III) that involves conduct amounting to a domestic
assault or battery offense, including--
``(aa) a misdemeanor crime of domestic violence, as
described in section 921(a)(33) of title 18, United States
Code;
``(bb) a crime of domestic violence, as described in
section 40002(a)(12) of the Violence Against Women Act of
1994 (34 U.S.C. 12291(a)(12)); or
``(cc) any crime based on conduct in which the alien
harassed, coerced, intimidated, voluntarily or recklessly
used (or threatened to use) force or violence against, or
inflicted physical injury or physical pain, however slight,
upon a person--
``(AA) who is a current or former spouse of the alien;
``(BB) with whom the alien shares a child;
``(CC) who is cohabitating with, or who has cohabitated
with, the alien as a spouse;
``(DD) who is similarly situated to a spouse of the alien
under the domestic or family violence laws of the
jurisdiction where the offense occurred; or
``(EE) who is protected from that alien's acts under the
domestic or family violence laws of the United States or of
any State, tribal government, or unit of local government;
``(ix) the alien has engaged in acts of battery or extreme
cruelty upon a person and the person--
``(I) is a current or former spouse of the alien;
``(II) shares a child with the alien;
``(III) cohabitates or has cohabitated with the alien as a
spouse;
``(IV) is similarly situated to a spouse of the alien under
the domestic or family violence laws of the jurisdiction
where the offense occurred; or
``(V) is protected from that alien's acts under the
domestic or family violence laws of the United States or of
any State, tribal government, or unit of local government;
``(x) the alien, having been convicted by a final judgment
of a particularly serious crime, constitutes a danger to the
community of the United States;
``(xi) there are serious reasons for believing that the
alien has committed a serious nonpolitical crime outside of
the United States before arriving in the United States;
``(xii) there are reasonable grounds for regarding the
alien as a danger to the security of the United States;
``(xiii) the alien is described in subclause (I), (II),
(III), (IV), or (VI) of section 212(a)(3)(B)(i) or section
237(a)(4)(B) (relating to terrorist activity), unless, in the
case only of an alien inadmissible under subclause (IV) of
section 212(a)(3)(B)(i), the Secretary of Homeland Security
or the Attorney General determines, in the Secretary's or the
Attorney General's discretion, that there are not reasonable
grounds for regarding the alien as a danger to the security
of the United States;
``(xiv) the alien was firmly resettled in another country
before arriving in the United States; or
``(xv) there are reasonable grounds for concluding the
alien could avoid persecution by relocating to another part
of the alien's country of nationality or, in the case of an
alien having no nationality, another part of the alien's
country of last habitual residence.
``(C) Special rules.--
``(i) Particularly serious crime; serious nonpolitical
crime outside the united states.--
``(I) In general.--For purposes of subparagraph (B)(x), the
Attorney General or Secretary of Homeland Security may
determine that a conviction constitutes a particularly
serious crime based on--
``(aa) the nature of the conviction;
``(bb) the type of sentence imposed; or
``(cc) the circumstances and underlying facts of the
conviction.
``(II) Determination.--In making a determination under
subclause (I), the Attorney General or Secretary of Homeland
Security may consider all reliable information and are not
limited to facts found by the criminal court or provided in
the underlying record of conviction.
``(III) Treatment of felonies.--In making a determination
under subclause (I), an alien who has been convicted of a
felony or an aggravated felony (as defined in section
101(a)(43)), shall be considered to have been convicted of a
particularly serious crime.
``(IV) Interpol red notice.--In making a determination
under subparagraph (B)(xi), an Interpol Red Notice may
constitute reliable evidence that the alien has committed a
serious nonpolitical crime outside the United States.
``(ii) Crimes and exceptions.--
``(I) Driving while intoxicated or impaired.--A finding
under subparagraph (B)(vi) does not require the Attorney
General or Secretary of Homeland Security to find the first
conviction for driving while intoxicated or impaired
(including a conviction for driving while under the influence
of or impaired by alcohol or drugs) as a predicate offense.
The Attorney General or Secretary of Homeland Security need
only make a factual determination that the alien previously
was convicted for driving while intoxicated or impaired as
those terms are defined under the jurisdiction where the
conviction occurred (including a conviction for driving while
under the influence of or impaired by alcohol or drugs).
``(II) Stalking and other crimes.--In making a
determination under subparagraph (B)(viii), including
determining the existence of a domestic relationship between
the alien and the victim, the underlying conduct of the crime
may be considered, and the Attorney General or Secretary of
Homeland Security is not limited to facts found by the
criminal court or provided in the underlying record of
conviction.
``(III) Exception for victims of domestic violence.--An
alien who was convicted of an offense described in clause
(viii) or (ix) of subparagraph (B) is not ineligible for
asylum on that basis if the alien satisfies the criteria
under section 237(a)(7)(A).
``(D) Specific circumstances.--Paragraph (1) shall not
apply to an alien whose claim is based on--
``(i) personal animus or retribution, including personal
animus in which the alleged persecutor has not targeted, or
manifested an animus against, other members of an alleged
particular social group in addition to the member who has
raised the claim at issue;
``(ii) the applicant's generalized disapproval of,
disagreement with, or opposition to criminal, terrorist,
gang, guerilla, or other non-state organizations absent
expressive behavior in furtherance of a discrete cause
against such organizations related to control of a State or
expressive behavior that is antithetical to the State or a
legal unit of the State;
``(iii) the applicant's resistance to recruitment or
coercion by guerrilla, criminal, gang, terrorist, or other
non-state organizations;
``(iv) the targeting of the applicant for criminal activity
for financial gain based on wealth or affluence or
perceptions of wealth or affluence;
``(v) the applicant's criminal activity; or
``(vi) the applicant's perceived, past or present, gang
affiliation.
``(E) Clarifications.--
``(i) Construction.--For purposes of this paragraph,
whether any activity or conviction also may constitute a
basis for removal is immaterial to a determination of asylum
eligibility.
``(ii) Attempt, conspiracy, or solicitation.--For purposes
of this paragraph, all references to a criminal offense or
criminal conviction shall be deemed to include any attempt,
conspiracy, or solicitation to commit the offense or any
other inchoate form of the offense.
``(iii) Effect of certain orders.--
``(I) In general.--No order vacating a conviction,
modifying a sentence, clarifying a sentence, or otherwise
altering a conviction or sentence shall have any effect under
this paragraph unless the Attorney General or Secretary of
Homeland Security determines that--
``(aa) the court issuing the order had jurisdiction and
authority to do so; and
``(bb) the order was not entered for rehabilitative
purposes or for purposes of ameliorating the immigration
consequences of the conviction or sentence.
``(II) Ameliorating immigration consequences.--For purposes
of subclause (I)(bb), the order shall be presumed to be for
the purpose of ameliorating immigration consequences if--
``(aa) the order was entered after the initiation of any
proceeding to remove the alien from the United States; or
``(bb) the alien moved for the order more than 1 year after
the later of--
``(AA) the date of the original order of conviction; or
``(BB) the date of the original order of sentencing.
``(III) Authority of immigration judge.--An immigration
judge is not limited to consideration only of material
included in any order vacating a conviction, modifying a
sentence, or clarifying a sentence to determine whether such
order should be given any
[[Page S1917]]
effect under this paragraph, but may consider such additional
information as the immigration judge determines appropriate.
``(F) Additional limitations.--The Secretary of Homeland
Security or the Attorney General may by regulation establish
additional limitations and conditions, consistent with this
section, under which an alien shall be ineligible for asylum
under paragraph (1).
``(G) No judicial review.--There shall be no judicial
review of a determination of the Secretary of Homeland
Security or the Attorney General under subparagraph
(B)(xiii).''.
SEC. 535. EMPLOYMENT 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 authorization.--
``(A) Authorization permitted.--An applicant for asylum is
not entitled to employment authorization, but such
authorization may be provided under regulation by the
Secretary of Homeland Security. An applicant who is not
otherwise eligible for employment authorization shall not be
granted such authorization before the date that is 180 days
after the date on which the alien filed an application for
asylum.
``(B) Termination.--Each employment authorization granted
pursuant to subparagraph (A), and any renewal or extension of
such authorization, shall be valid until the earlier of--
``(i) the date that is 6 months after such authorization,
renewal, or extension;
``(ii) the date on which the asylum application is denied
by an asylum officer, unless the case is referred to an
immigration judge;
``(iii) the date that is 30 days after the date on which an
immigration judge denies an asylum application, unless the
alien timely appeals to the Board of Immigration Appeals; or
``(iv) the date on which the Board of Immigration Appeals
denies an appeal of a denial of an asylum application.
``(C) Renewal.--The Secretary of Homeland Security may not
grant, renew, or extend employment authorization to an alien
if the alien was previously granted employment authorization
under subparagraph (A), and the employment authorization was
terminated pursuant to a circumstance described in clause
(ii), (iii), or (iv) of subparagraph (B) unless a Federal
court of appeals remands the alien's case to the Board of
Immigration Appeals.
``(D) Ineligibility.--The Secretary of Homeland Security
may not grant employment authorization to an alien under this
paragraph if the alien--
``(i) is ineligible for asylum under subsection (b)(2)(A);
or
``(ii) entered or attempted to enter the United States at a
place and time other than lawfully through a United States
port of entry.''.
SEC. 536. ASYLUM FEES.
Section 208(d)(3) of the Immigration and Nationality Act (8
U.S.C. 1158(d)(3)) is amended to read as follows:
``(3) Fees.--
``(A) Application fee.--
``(i) In general.--Except as provided in clause (ii), the
Secretary of Homeland Security shall impose a fee for each
application for asylum that--
``(I) except as provided in subclause (II), is not less
than $50; and
``(II) does not exceed the cost of adjudicating the
application.
``(ii) Waiver.--The fee under clause (i) shall be waived
for an application filed on behalf of an unaccompanied alien
child in proceedings under section 240.
``(B) Employment authorization.--Separate fees may be
imposed for an application for employment authorization under
this section and for an application for adjustment of status
under section 209(b). Such fees may not exceed the costs of
processing and adjudicating such applications.
``(C) Payment.--Fees under this paragraph may be assessed
and paid by installments.
``(D) Rule of construction.--Nothing in this paragraph may
be construed to limit the authority of the Attorney General
or the Secretary of Homeland Security to set adjudication and
naturalization fees in accordance with section 286(m).''.
SEC. 537. RULES FOR DETERMINING ASYLUM ELIGIBILITY.
Section 208 of the Immigration and Nationality Act (8
U.S.C. 1158), as amended by section 531 and sections 533
through 536, is further amended by adding at the end the
following:
``(f) Rules for Determining Asylum Eligibility.--
``(1) Definitions.--In this subsection:
``(A) Membership in a particular social group.--The term
`membership in a particular social group' means membership in
a group that is--
``(i) composed of members who share a common immutable
characteristic;
``(ii) defined with particularity; and
``(iii) socially distinct within the society in question.
``(B) Persecution.--The term `persecution'--
``(i) means the infliction of a severe level of harm
constituting an exigent threat by the government of a country
or by persons or an organization that the government was
unable or unwilling to control; and
``(ii) does not include--
``(I) generalized harm or violence that arises out of
civil, criminal, or military strife in a country;
``(II) all treatment that the United States regards as
unfair, offensive, unjust, unlawful, or unconstitutional;
``(III) intermittent harassment, including brief
detentions;
``(IV) threats with no actual effort to carry out the
threats, except that particularized threats of severe harm of
an immediate and menacing nature made by an identified entity
may constitute persecution; or
``(V) nonsevere economic harm or property damage.
``(C) Political opinion.--The term `political opinion'
means an ideal or conviction in support of the furtherance of
a discrete cause related to political control of a state or a
unit thereof.
``(2) Particular social group.--In making a determination
under subsection (b)(1)(A) with respect to whether an alien
is a refugee within the meaning of section 101(a)(42)(A), the
Secretary of Homeland Security or the Attorney General may
not determine that an alien is a member of a particular
social group unless the alien articulates on the record, or
provides a basis on the record for determining, the
definition and boundaries of the alleged particular social
group, establishes that the particular social group exists
independently from the alleged persecution, and establishes
that the alien's claim of membership in a particular social
group does not involve--
``(A) past or present criminal activity or association
(including gang membership);
``(B) presence in a country with generalized violence or a
high crime rate;
``(C) being the subject of a recruitment effort by
criminal, terrorist, or persecutory groups;
``(D) the targeting of the applicant for criminal activity
for financial gain based on perceptions of wealth or
affluence;
``(E) interpersonal disputes of which governmental
authorities in the relevant society or region were unaware or
uninvolved;
``(F) private criminal acts of which governmental
authorities in the relevant society or region were unaware or
uninvolved;
``(G) past or present terrorist activity or association;
``(H) past or present persecutory activity or association;
or
``(I) status as an alien returning from the United States.
``(3) Political opinion.--The Secretary of Homeland
Security or the Attorney General may not determine that an
alien holds a political opinion with respect to which the
alien is subject to persecution if the political opinion is
constituted solely by generalized disapproval of,
disagreement with, or opposition to criminal, terrorist,
gang, guerilla, or other non-state organizations and does not
include expressive behavior in furtherance of a cause against
such organizations related to efforts by the State to control
such organizations or behavior that is antithetical to or
otherwise opposes the ruling legal entity of the State or a
unit of such State.
``(4) Persecution.--The Secretary of Homeland Security or
the Attorney General may not determine that an alien has been
subject to persecution or has a well-founded fear of
persecution based only on--
``(A) the existence of laws or government policies that are
unenforced or infrequently enforced, unless there is credible
evidence that such a law or policy has been or would be
applied to the applicant personally; or
``(B) the conduct of rogue foreign government officials
acting outside the scope of their official capacity.
``(5) Discretionary determination.--
``(A) Adverse discretionary factors.--The Secretary of
Homeland Security or the Attorney General may only grant
asylum to an alien if the alien establishes that he or she
warrants a favorable exercise of discretion. In making such a
determination, the Attorney General or the Secretary of
Homeland Security shall consider, if applicable, an alien's
use of fraudulent documents to enter the United States,
unless the alien arrived in the United States by air, sea, or
land directly from the applicant's home country without
transiting through any other country.
``(B) Favorable exercise of discretion not permitted.--
Except as provided in subparagraph (C), the Attorney General
or the Secretary of Homeland Security may not favorably
exercise discretion under this section for any alien who--
``(i) has accrued more than 1 year of unlawful presence in
the United States (as defined in clauses (ii) and (iii) of
section 212(a)(9)(B)), before filing an application for
asylum;
``(ii) at the time the asylum application is filed with the
immigration court or is referred from the Department of
Homeland Security--
``(I) has failed to timely file (or timely file a request
for an extension of time to file) any required Federal,
State, or local income tax returns;
``(II) has failed to satisfy any outstanding Federal,
State, or local tax obligations; or
``(III) earned income that would result in tax liability
under section 1 of the Internal Revenue Code of 1986 and that
was not reported to the Internal Revenue Service;
``(iii) has had 2 or more prior asylum applications denied
for any reason;
``(iv) has withdrawn a prior asylum application with
prejudice or been found to have abandoned a prior asylum
application;
``(v) failed to attend an interview regarding his or her
asylum application with the Department of Homeland Security,
unless the
[[Page S1918]]
alien shows by a preponderance of the evidence that--
``(I) exceptional circumstances prevented the alien from
attending the interview; or
``(II) the interview notice was not mailed to the last
address provided by the alien or the alien's representative
and neither the alien nor the alien's representative received
notice of the interview; or
``(vi) was subject to a final order of removal,
deportation, or exclusion and did not file a motion to reopen
to seek asylum based on changed country conditions within one
year of the change in country conditions.
``(C) Exceptions.--Notwithstanding subparagraph (B), if
there are 1 or more of the adverse discretionary factors
described in such subparagraph (B), the Attorney General or
the Secretary of Homeland Security, may favorably exercise
discretion under section 208--
``(i) in extraordinary circumstances, such as those
involving national security or foreign policy considerations;
or
``(ii) if the alien, by clear and convincing evidence,
demonstrates that the denial of the application for asylum
would result in exceptional and extremely unusual hardship to
the alien.
``(6) Limitation.--
``(A) In general.--If the Secretary of Homeland Security or
the Attorney General determines that an alien fails to
satisfy the requirement under paragraph (2), the alien may
not--
``(i) be granted asylum based on membership in a particular
social group or
``(ii) appeal the determination of the Secretary or the
Attorney General, as applicable.
``(B) No basis for motion to reopen or reconsider.--A
determination under this paragraph shall not serve as the
basis for any motion to reopen or reconsider an application
for asylum or withholding of removal for any reason,
including a claim of ineffective assistance of counsel,
unless the alien--
``(i) complies with the procedural requirements for such a
motion; and
``(ii) demonstrates that counsel's failure to define, or
provide a basis for defining, a formulation of a particular
social group was not a strategic choice and constituted
egregious conduct.
``(7) Stereotypes.--Evidence offered in support of an
application for asylum that promotes cultural stereotypes
about a country, its inhabitants, or an alleged persecutor,
including stereotypes based on race, religion, nationality,
or gender, shall not be admissible in adjudicating that
application, except that evidence that an alleged persecutor
holds stereotypical views of the applicant shall be
admissible.''.
SEC. 538. FIRM RESETTLEMENT.
Section 208 of the Immigration and Nationality Act (8
U.S.C. 1158), as amended by section 531 and sections 533
through 537, is further amended by adding at the end the
following:
``(g) Firm Resettlement.--
``(1) In general.--In determining whether an alien was
firmly resettled in another country before arriving in the
United States under subsection (b)(2)(B)(xiv), the alien
shall be considered to have firmly resettled in another
country if, after the events giving rise to the alien's
asylum claim--
``(A) the alien--
``(i) resided in a country through which the alien
transited before arriving in or entering the United States;
and
``(ii)(I) received or was eligible for any permanent legal
immigration status in that country;
``(II) resided in such a country with any nonpermanent, but
indefinitely renewable, legal immigration status (including
asylee, refugee, or similar status, but excluding the status
of a tourist); or
``(III) resided in such a country and could have applied
for and obtained an immigration status described in subclause
(II);
``(B) the alien physically resided voluntarily, and without
continuing to suffer persecution or torture, in any country
for 1 year or more after departing his or her country of
nationality or last habitual residence and before arriving in
or entering into the United States, except for any time spent
in Mexico by an alien who is not a native or citizen of
Mexico solely as a direct result of being returned to Mexico
pursuant to section 235(b)(3) or of being subject to
metering; or
``(C) the alien--
``(i) is a citizen of a country other than the country in
which the alien alleges a fear of persecution, or was a
citizen of such a country in the case of an alien who
renounces such citizenship; and
``(ii) was present in such country after departing his or
her country of nationality or last habitual residence and
before arriving in or entering into the United States.
``(2) Burden of proof.--If an immigration judge determines
pursuant to paragraph (1) that an alien has firmly resettled
in another country, the alien shall bear the burden of
proving the bar does not apply.
``(3) Firm resettlement of parent.--An alien shall be
presumed to have been firmly resettled in another country
if--
``(A) the alien's parent was firmly resettled in another
country;
``(B) the parent's resettlement occurred before the alien
attained 18 years of age; and
``(C) the alien resided with such parent at the time of the
firm resettlement, unless the alien establishes that he or
she could not have derived any permanent legal immigration
status or any nonpermanent, but indefinitely renewable, legal
immigration status (including asylum, refugee, or similar
status, but excluding the status of a tourist) from the
alien's parent.''.
SEC. 539. NOTICE CONCERNING FRIVOLOUS ASYLUM APPLICATIONS.
(a) In General.--Section 208(d)(4) of the Immigration and
Nationality Act (8 U.S.C. 1158(d)(4)) is amended--
(1) in the matter preceding subparagraph (A), by inserting
``the Secretary of Homeland Security or'' before ``the
Attorney General'';
(2) in subparagraph (A), by striking ``and of the
consequences, under paragraph (6), of knowingly filing a
frivolous application for asylum; and'' and inserting a
semicolon;
(3) in subparagraph (B), by striking the period and
inserting ``; and''; and
(4) by adding at the end the following:
``(C) ensure that a written warning appears on the asylum
application advising the alien of the consequences of filing
a frivolous application and serving as notice to the alien of
the consequence of filing a frivolous application.''.
(b) Conforming Amendment.--Section 208(d)(6) of such Act (8
U.S.C. 1158(d)(6)) is amended to read as follows:
``(6) Frivolous applications.--
``(A) In general.--If the Secretary of Homeland Security or
the Attorney General determines that an alien has knowingly
made a frivolous application for asylum and the alien has
received the notice described in paragraph (4)(C), the alien
shall be permanently ineligible for any benefits under this
chapter, effective as the date of the final determination of
such an application.
``(B) Criteria.--An application is frivolous if the
Secretary of Homeland Security or the Attorney General
determines, consistent with subparagraph (C), that--
``(i) the application is so insufficient in substance that
it is clear that the applicant knowingly filed the
application solely or in part--
``(I) to delay removal from the United States;
``(II) to seek employment authorization as an applicant for
asylum pursuant to regulations issued pursuant to paragraph
(2); or
``(III) to seek issuance of a Notice to Appear in order to
pursue Cancellation of Removal under section 240A(b); or
``(ii) any of the material elements in the application are
knowingly fabricated.
``(C) Sufficient opportunity to clarify.--An application
may not be determined to be frivolous unless the Secretary of
Homeland Security or the Attorney General is satisfied that
the applicant, during the course of the proceedings, has had
sufficient opportunity to clarify any discrepancies or
implausible aspects of his or her claim.
``(D) Withholding of removal not precluded.--For purposes
of this section, a finding that an alien filed a frivolous
asylum application shall not preclude the alien from seeking
withholding of removal under section 241(b)(3) or protection
under the United Nations Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment, done at
New York December 10, 1984.''.
SEC. 540. TECHNICAL AMENDMENTS.
Section 208 of the Immigration and Nationality Act (8
U.S.C. 1158), as amended by section 531 and sections 533
through 539, is further amended--
(1) in subsection (a)--
(A) in paragraph (2)(D), by inserting ``the Secretary of
Homeland Security or'' before ``the Attorney General''; and
(B) in paragraph (3), by inserting ``the Secretary of
Homeland Security or'' before ``the Attorney General'';
(2) in subsection (c)--
(A) in paragraph (1), by striking ``Attorney General'' each
place such term appears and inserting ``Secretary of Homeland
Security'';
(B) in paragraph (2), in the matter preceding subparagraph
(A), by inserting ``the Secretary of Homeland Security or''
before ``the Attorney General''; and
(C) in paragraph (3), by inserting ``the Secretary of
Homeland Security or'' before ``the Attorney General''; and
(3) in subsection (d)--
(A) in paragraph (1), by inserting ``Secretary of Homeland
Security or the'' before ``Attorney General'' each place such
term appears; and
(B) in paragraph (5)--
(i) in subparagraph (A)(i), by striking ``Attorney
General'' and inserting ``Secretary of Homeland Security'';
and
(ii) in subparagraph (B), by inserting ``Secretary of
Homeland Security or the'' before ``Attorney General''.
SEC. 541. REQUIREMENT FOR PROCEDURES RELATING TO CERTAIN
ASYLUM APPLICATIONS.
(a) In General.--Not later than 30 days after the date of
the enactment of this Act, the Attorney General shall
establish procedures to expedite the adjudication of asylum
applications for aliens--
(1) who are subject to removal proceedings under section
240 of the Immigration and Nationality Act (8 U.S.C. 1229a);
and
(2) who are nationals of a Western Hemisphere country
sanctioned by the United States, as described in subsection
(b), as of January 1, 2023.
(b) Western Hemisphere Country Sanctioned by the United
States.--Subsection (a) shall only apply to an asylum
application filed by an alien who is a national of a Western
Hemisphere country subject to sanctions pursuant to--
[[Page S1919]]
(1) the Cuban Liberty and Democratic Solidarity (LIBERTAD)
Act of 1996 (22 U.S.C. 6021 note);
(2) section 5 of the Reinforcing Nicaragua's Adherence to
Conditions for Electoral Reform Act of 2021 (50 U.S.C. 1701
note); or
(3) Executive Order 13692 (80 Fed. Reg. 12747; declaring a
national emergency with respect to the situation in
Venezuela).
(c) Applicability.--This section shall only apply to an
alien who files an application for asylum after the date of
the enactment of this Act.
TITLE III--BORDER SAFETY AND MIGRANT PROTECTION
SEC. 546. INSPECTION OF APPLICANTS FOR ADMISSION.
Section 235 of the Immigration and Nationality Act (8
U.S.C. 1225) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) in clauses (i) and (ii), by striking ``section
212(a)(6)(C) or 212(a)(7)'' and inserting ``paragraph (6)(A),
(6)(C) or (7) of section 212(a)''; and
(II) by adding at the end the following:
``(iv) Ineligibility for parole.--An alien described in
clause (i) or (ii) is not eligible for parole except as
expressly authorized under section 212(d)(5), or for parole
or release under section 236(a).''; and
(ii) in subparagraph (B)--
(I) in clause (ii), by inserting ``and may not be released
(including parole or release pursuant to section 236(a), but
excluding as expressly authorized under section 212(d)(5))
other than to be removed or returned to a country in
accordance with paragraph (3).''; and
(II) in clause (iii)(IV)--
(aa) in the clause header by inserting ``, return, or
removal'' after ``detention''; and
(bb) by adding at the end the following: ``The alien may
not be released (including parole or release pursuant to
section 236(a), but excluding as expressly authorized
pursuant to section 212(d)(5)) other than to be removed or
returned to a country in accordance with paragraph (3).'';
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``Subject to subparagraphs (B) and (C),''
and inserting ``Subject to subparagraph (B) and paragraph
(3),''; and
(II) by adding at the end the following: ``The alien may
not be released (including parole or release pursuant to
section 236(a), but excluding as expressly authorized
pursuant to section 212(d)(5)) other than to be removed or
returned to a country in accordance with paragraph (3).'';
and
(ii) by striking subparagraph (C);
(C) by redesignating paragraph (3) as paragraph (5); and
(D) by inserting after paragraph (2) the following:
``(3) Return to foreign territory contiguous to the united
states.--
``(A) In general.--The Secretary of Homeland Security may
return any alien arriving on land from a foreign territory
contiguous to the United States (whether or not at a
designated port of entry) to such territory pending a
proceeding under section 240 or a review of a determination
under subsection (b)(1)(B)(iii)(III).
``(B) Mandatory return.--If the Secretary of Homeland
Security is unable--
``(i) to comply with statutory obligations to detain an
alien in accordance with clauses (ii) and (iii)(IV) of
subsection (b)(1)(B) and subsection (b)(2)(A); or
``(ii) remove an alien to a country described in section
208(a)(2)(A),
the Secretary of Homeland Security shall, without exception,
including pursuant to parole or release pursuant to section
236(a), but excluding as expressly authorized pursuant to
section 212(d)(5), return any alien arriving on land from a
foreign territory contiguous to the United States (whether or
not at a designated port of entry) to such territory pending
a proceeding under section 240 or a review of a determination
under subsection (b)(1)(B)(iii)(III).
``(4) Enforcement by state attorneys general.--The attorney
general of a State, or other authorized State officer,
alleging a violation of the detention, return, or removal
requirements under paragraph (1), (2), or (3) that affects
such State or its residents, may bring an action against the
Secretary of Homeland Security on behalf of the residents of
the State in an appropriate United States district court to
obtain appropriate injunctive relief.''; and
(2) by adding at the end the following:
``(e) Authority To Prohibit Introduction of Certain
Aliens.--If the Secretary of Homeland Security determines, in
the discretion of the Secretary, that prohibiting the
introduction of aliens who are inadmissible under paragraph
(6)(A), (6)(C), or (7) of section 212(a) at an international
land or maritime border of the United States is necessary to
achieve operational control (as defined in section 2 of the
Secure Fence Act of 2006 (8 U.S.C. 1701 note)) of such
border, the Secretary may prohibit, in whole or in part, the
introduction of such aliens at such border for such period as
the Secretary determines is necessary for such purpose.''.
SEC. 547. OPERATIONAL DETENTION FACILITIES.
(a) Defined Term.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on the Judiciary of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on the Judiciary of the House of
Representatives; and
(4) the Committee on Appropriations of the House of
Representatives.
(b) In General.--Not later than September 30, 2023, the
Secretary of Homeland Security, using the authority granted
under section 103(a)(11) of the Immigration and Nationality
Act (8 U.S.C. 1103(a)(11)), shall take all necessary actions
to reopen or restore all U.S. Immigration and Customs
Enforcement detention facilities that were in operation on
January 20, 2021, and subsequently closed or with respect to
which the use was altered, reduced, or discontinued after
January 20, 2021.
(c) Specific Facilities.--The requirement under subsection
(b) shall include, at a minimum, reopening or restoring--
(1) Irwin County Detention Center in Georgia;
(2) C. Carlos Carreiro Immigration Detention Center in
Bristol County, Massachusetts;
(3) Etowah County Detention Center in Gadsden, Alabama;
(4) Glades County Detention Center in Moore Haven, Florida;
and
(5) South Texas Family Residential Center.
(d) Exception.--
(1) In general.--Except as provided in paragraphs (2) and
(3), the Secretary of Homeland Security may obtain equivalent
capacity for detention facilities at locations other than
those listed in subsection (c).
(2) Limitation.--The Secretary may not take action under
paragraph (1) unless the capacity obtained would result in a
reduction of time and cost relative to the cost and time
otherwise required to obtain such capacity.
(3) South texas family residential center.--The exception
under paragraph (1) shall not apply to the South Texas Family
Residential Center. The Secretary shall take all necessary
steps to modify and operate the South Texas Family
Residential Center in the same manner and capability it was
operating on January 20, 2021.
(e) Periodic Report.--Not later than 90 days after the date
of the enactment of this Act, and every 90 days thereafter
until September 30, 2027, the Secretary of Homeland Security
shall submit to the appropriate congressional committees a
detailed plan for and a status report regarding--
(1) compliance with the deadline under subsection (b);
(2) the increase in detention capabilities required under
this section--
(A) for the 90-day period immediately preceding the date on
which such report is submitted; and
(B) for the period beginning on the first day of the fiscal
year during which the report is submitted, and ending on the
date on which such report is submitted;
(3) the number of detention beds that were used and the
number of available detention beds that were not used
during--
(A) the 90-day period immediately preceding the date on
which such report is submitted; and
(B) the period beginning on the first day of the fiscal
year during which the report is submitted, and ending on the
date on which such report is submitted;
(4) the number of aliens released due to a lack of
available detention beds; and
(5) the resources that the Department of Homeland Security
needs in order to comply with the requirements under this
section.
(f) Notification.--The Secretary of Homeland Security shall
submit to Congress a detailed description of the resources
the Department of Homeland Security needs in order to detain
all aliens whose detention is mandatory or nondiscretionary
under the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.)--
(1) not later than 5 days after all U.S. Immigration and
Customs Enforcement detention facilities reach 90 percent of
capacity;
(2) not later than 5 days after all U.S. Immigration and
Customs Enforcement detention facilities reach 95 percent of
capacity; and
(3) not later than 5 days after all U.S. Immigration and
Customs Enforcement detention facilities reach full capacity.
TITLE IV--PREVENTING UNCONTROLLED MIGRATION FLOWS IN THE WESTERN
HEMISPHERE
SEC. 551. UNITED STATES POLICY REGARDING WESTERN HEMISPHERE
COOPERATION ON IMMIGRATION AND ASYLUM.
It is the policy of the United States--
(1) to enter into agreements, accords, and memoranda of
understanding with countries in the Western Hemisphere--
(A) to advance the interests of the United States by
reducing costs associated with illegal immigration; and
(B) to protect the human capital, societal traditions, and
economic growth of other countries in the Western Hemisphere;
and
(2) to ensure that humanitarian and development assistance
funding aimed at reducing illegal immigration is not expended
on programs that have not proven to reduce illegal immigrant
flows in the aggregate.
SEC. 552. NEGOTIATIONS BY SECRETARY OF STATE.
(a) Alien Defined.--In this section, the term ``alien'' has
the meaning given such term in section 101(a)(3) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(3)).
(b) Authorization To Negotiate.--
(1) In general.--The Secretary of State shall seek to
negotiate agreements, accords,
[[Page S1920]]
and memoranda of understanding between the United States,
Mexico, Honduras, El Salvador, Guatemala, and other countries
in the Western Hemisphere--
(A) to enhance the cooperation and burden sharing required
for effective regional immigration enforcement; and
(B) to expedite legal claims by aliens for asylum and the
processing, detention, and repatriation of foreign nationals
seeking to enter the United States unlawfully.
(2) Elements.--Agreements negotiated pursuant to paragraph
(1) shall--
(A) be designed to facilitate a regional approach to
immigration enforcement;
(B) provide that the Government of Mexico--
(i) authorize and accept the rapid entrance into Mexico of
nationals of countries other than Mexico who seek asylum in
Mexico; and
(ii) process the asylum claims of such nationals inside
Mexico, in accordance with domestic law and international
treaties and conventions governing the processing of asylum
claims;
(C) provide that the Government of Mexico authorize and
accept--
(i) the rapid entrance into Mexico of all nationals of
countries other than Mexico who are ineligible for asylum in
Mexico and wish to apply for asylum in the United States,
whether or not at a port of entry; and
(ii) the continued presence of such nationals in Mexico
while they wait for the adjudication of their asylum claims
to conclude in the United States;
(D) provide that the Government of Mexico commit to provide
the individuals described in subparagraphs (B) and (C) with
appropriate humanitarian protections;
(E) provide that the Government of Honduras, the Government
of El Salvador, and the Government of Guatemala--
(i) authorize and accept the entrance into their respective
countries of nationals of other countries seeking asylum in
the applicable country; and
(ii) process such claims in accordance with applicable
domestic law and international treaties and conventions
governing the processing of asylum claims;
(F) provide that the Government of the United States commit
to work--
(i) to accelerate the adjudication of asylum claims; and
(ii) to conclude removal proceedings in the wake of asylum
adjudications as expeditiously as possible; and
(G) provide that the Government of the United States
commit--
(i) to continue to assist the governments of countries in
the Western Hemisphere, including Honduras, El Salvador, and
Guatemala, by supporting the enhancement of asylum capacity
in those countries; and
(ii) to monitoring developments in hemispheric immigration
trends and regional asylum capabilities to determine whether
additional asylum cooperation agreements are warranted.
(c) Notification in Accordance With Case-Zablocki Act.--The
Secretary of State, in accordance with section 112b of title
1, United States Code (commonly known as the ``Case-Zablocki
Act''), shall inform the relevant congressional committees of
each agreement entered into pursuant to subsection (b) not
later than 48 hours after each such agreement is signed.
SEC. 553. MANDATORY BRIEFINGS ON UNITED STATES EFFORTS TO
ADDRESS THE BORDER CRISIS.
(a) Defined Term.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate; and
(2) the Committee on Foreign Affairs of the House of
Representatives.
(b) Briefing Required.--Not later than 90 days after the
date of the enactment of this Act, and not less frequently
than once every 90 days thereafter until the date described
in subsection (c), the Secretary of State, or the designee of
the Secretary of State, shall provide an in-person briefing
to the appropriate congressional committees regarding efforts
undertaken pursuant to the negotiation authority provided
under section 552 to monitor, deter, and prevent illegal
immigration to the United States, including by--
(1) entering into agreements, accords, and memoranda of
understanding with foreign countries; and
(2) using United States foreign assistance to stem the root
causes of migration in the Western Hemisphere.
(c) Termination of Mandatory Briefing.--The date described
in this subsection is the date on which the Secretary of
State, in consultation with the heads of other relevant
Federal departments and agencies, determines and certifies to
the appropriate congressional committees that illegal
immigration flows have subsided to a manageable rate.
TITLE V--ENSURING UNITED FAMILIES AT THE BORDER
SEC. 561. CLARIFICATION OF STANDARDS FOR FAMILY DETENTION.
(a) In General.--
(1) Amendment.--Section 235 of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (8
U.S.C. 1232) is amended by adding at the end the following:
``(j) Rule of Construction.--
``(1) In general.--Notwithstanding any other provision of
law, judicial determination, consent decree, or settlement
agreement--
``(A) the detention of any alien child who is not an
unaccompanied alien child shall be governed by sections 217,
235, 236, and 241 of the Immigration and Nationality Act (8
U.S.C. 1187, 1225, 1226, and 1231); and
``(B) there is no presumption that an alien child who is
not an unaccompanied alien child should not be detained.
``(2) Family detention.--The Secretary of Homeland Security
shall--
``(A) maintain the care and custody of any alien who is
charged only with a misdemeanor offense under section 275(a)
of the Immigration and Nationality Act (8 U.S.C. 1325(a))
while such charge is pending if such alien entered the United
States with the alien's child who has not attained 18 years
of age; and
``(B) detain such alien with the alien's child.''.
(2) Effective date.--The amendment made by paragraph (1)
shall--
(A) take effect on the date of the enactment of this Act;
and
(B) apply to all actions occurring before, on, or after
such date.
(b) Sense of Congress.--It is the sense of Congress that
the amendment in subsection (a)(1) is intended to satisfy the
requirements of the Settlement Agreement in Flores v. Meese,
No. 85-4544 (C.D. Cal), as approved by the court on January
28, 1997, with respect to its interpretation in Flores v.
Johnson, 212 F. Supp. 3d 864 (C.D. Cal. 2015), that the
agreement applies to accompanied minors.
(c) Preemption of State Licensing Requirements.--
Notwithstanding any other provision of law, judicial
determination, consent decree, or settlement agreement, no
State may require that an immigration detention facility used
to detain children who have not attained 18 years of age, or
families consisting of 1 or more such children and the
parents or legal guardians of such children, that is located
in that State, be licensed by the State or any political
subdivision of the State.
TITLE VI--PROTECTION OF CHILDREN
SEC. 566. FINDINGS; PURPOSE.
(a) Findings.--Congress finds the following:
(1) Implementation of the provisions of the William
Wilberforce Trafficking Victims Protection Reauthorization
Act of 2008 (Public Law 110-457) that govern unaccompanied
alien children has incentivized multiple surges of
unaccompanied alien children arriving at the southwest border
since its enactment.
(2) The provisions of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 that govern
unaccompanied alien children--
(A) treat unaccompanied alien children from countries that
are contiguous to the United States disparately by swiftly
returning them to their home country absent indications of
trafficking or a credible fear of return; and
(B) allow for the release of unaccompanied alien children
from noncontiguous countries into the interior of the United
States, often in the custody of the individuals who paid to
smuggle them into the country.
(3) The provisions of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 governing
unaccompanied alien children have enriched Mexican drug
cartels, which--
(A) receive hundreds of millions of dollars annually from
smuggling unaccompanied alien children to the southwest
border; and
(B) often exploit and sexually abuse many such
unaccompanied alien children during the perilous journey.
(4) The number of unaccompanied alien children encountered
at the southwest border never exceeded 1,000 in a single year
before 2008.
(5) The United States is in the midst of the worst crisis
of unaccompanied alien children in our Nation's history, with
more than 350,000 unaccompanied alien children encountered at
the southwest border during the administration of President
Biden.
(6) During 2022, 152,057 unaccompanied alien children were
encountered by U.S. Border Patrol, which represents the most
encounters in a single year and an increase of more than 400
percent compared to the last full fiscal year of the Trump
Administration in which [33,239] unaccompanied alien children
were so encountered.
(7) The Biden Administration has lost contact with at least
85,000 unaccompanied alien children who entered the United
States since President Biden assumed the presidency.
(8) The Biden Administration dismantled effective
safeguards put in place by the Trump Administration that
protected unaccompanied alien children from being abused by
criminals or exploited for illegal and dangerous child labor.
(9) A New York Times investigation discovered that
unaccompanied alien children--
(A) are being exploited in the labor market;
(B) ``are ending up in some of the most punishing jobs in
the country''; and
(C) ``under intense pressure to earn money'' in order to
``send cash back to their families while often being in debt
to their sponsors for smuggling fees, rent, and living
expenses'', fear ``that they had become trapped in
circumstances they never could have imagined.''.
(10) Department of Health and Human Services Secretary
Xavier Becerra compared placing unaccompanied alien children
with sponsors, to widgets in an assembly line,
[[Page S1921]]
stating that, ``If Henry Ford had seen this in his plant, he
would have never become famous and rich. This is not the way
you do an assembly line.''.
(11) Department of Health and Human Services employees
working under Secretary Xavier Becerra's leadership penned a
July 2021 memorandum expressing serious concern that ``labor
trafficking was increasing'' and that the agency had become
``one that rewards individuals for making quick releases, and
not one that rewards individuals for preventing unsafe
releases.''.
(12) Despite these concerns, Secretary Xavier Becerra
pressured Director of the Office of Refugee Resettlement
Cindy Huang to prioritize releases of unaccompanied alien
children over ensuring their safety, telling her ``if she
could not increase the number of discharges he would find
someone who could'' and Director Huang resigned one month
later.
(13) In June 2014, the Obama Administration requested legal
authority to exercise discretion in returning and removing
unaccompanied alien children from noncontiguous countries
back to their home countries.
(b) Purpose.--The purpose of this title is to end the
disparate policies of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 by ensuring
the swift return of all unaccompanied alien children to their
country of origin who--
(1) are not victims of trafficking; and
(2) do not have a fear of returning to their country of
origin.
SEC. 567. REPATRIATION OF UNACCOMPANIED ALIEN CHILDREN.
(a) In General.--Section 235 of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (8
U.S.C. 1232) is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) by amending the paragraph heading to read as follows:
``Rules for unaccompanied alien children.--'';
(ii) in subparagraph (A)--
(I) in the matter preceding clause (i), by striking ``who
is a national or habitual resident of a country that is
contiguous with the United States'';
(II) in clause (i), by adding ``and'' at the end;
(III) in clause (ii), by striking ``; and'' and inserting a
period; and
(IV) by striking clause (iii); and
(iii) in subparagraph (B)--
(I) in the matter preceding clause (i), by striking ``(8
U.S.C. 1101 et seq.) may--'' and inserting ``(8 U.S.C. 1101
et seq.)--'';
(II) in clause (i), by inserting ``may'' before ``permit
such child to withdraw''; and
(III) in clause (ii), by inserting ``shall'' before
``return such child''; and
(B) in paragraph (5)(D)--
(i) in the matter preceding clause (i), by striking ``,
except for an unaccompanied alien child from a contiguous
country subject to exceptions under subsection (a)(2),'' and
inserting ``who does not meet the criteria under paragraph
(2)(A)''; and
(ii) in clause (i), by inserting ``, which shall include a
hearing before an immigration judge not later than 14 days
after being screened under paragraph (4)'' before the
semicolon at the end;
(2) in subsection (b)--
(A) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by striking
``Human services'' and inserting ``Human Services'';
(ii) in subparagraph (A), by inserting ``who does not to
meet the criteria under subsection (a)(2)(A)'' before the
semicolon; and
(iii) in subparagraph (B), by striking ``under 18 years of
age'' and inserting ``younger than 18 years of age and does
not meet the criteria under subsection (a)(2)(A)''; and
(B) in paragraph (3), by striking ``child in custody
shall'' and all that follows, and inserting the following:
``child in custody--
``(A) in the case of a child who does not meet the criteria
under subsection (a)(2)(A), shall transfer the custody of
such child to the Secretary of Health and Human Services not
later than 30 days after determining that such child is an
unaccompanied alien child who does not meet such criteria; or
``(B) in the case of a child who meets the criteria under
subsection (a)(2)(A), may transfer the custody of such child
to the Secretary of Health and Human Services after
determining that such child is an unaccompanied alien child
who meets such criteria.''; and
(3) in subsection (c)--
(A) in paragraph (3), by adding at the end the following:
``(D) Information about individuals with whom children are
placed.--
``(i) Information to be provided to department of homeland
security.--Before placing a child with an individual, the
Secretary of Health and Human Services shall submit to the
Secretary of Homeland Security, with respect to the
individual with whom the child will be placed, information
regarding--
``(I) the name of such individual;
``(II) the Social Security number of such individual;
``(III) the date of birth of such individual;
``(IV) the location of such individual's residence where
the child will be placed;
``(V) the immigration status of such individual, if known;
and
``(VI) contact information for such individual.
``(ii) Activities of secretary of homeland security.--Not
later than 30 days after receiving the information listed in
clause (i), the Secretary of Homeland Security, upon
determining that an individual with whom a child is placed is
unlawfully present in the United States and not in removal
proceedings pursuant to chapter 4 of title II of the
Immigration and Nationality Act (8 U.S.C. 1221 et seq.),
shall initiate such removal proceedings.''; and
(B) in paragraph (5)--
(i) by inserting ``(at no expense to the Government)''
after ``to the greatest extent practicable''; and
(ii) by striking ``have counsel to represent them'' and
inserting ``have access to counsel to represent them''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply to any unaccompanied alien child (as such term is
defined in section 462(g) of the Homeland Security Act of
2002 (6 U.S.C. 279(g))) apprehended on or after the date that
is 30 days after the date of the enactment of this Act.
SEC. 568. SPECIAL IMMIGRANT JUVENILE STATUS FOR IMMIGRANTS
UNABLE TO REUNITE WITH EITHER PARENT.
Section 101(a)(27)(J) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(27)(J)) is amended--
(1) in clause (i), by striking ``, and whose reunification
with 1 or both of the immigrant's parents is not viable due
to abuse, neglect, abandonment, or a similar basis found
under State law''; and
(2) in clause (iii)--
(A) in subclause (I), by striking ``and'' at the end;
(B) in subclause (II), by adding ``and'' after the
semicolon at the end; and
(C) by adding at the end the following:
``(III) an alien may not be granted special immigrant
status under this subparagraph if the alien's reunification
with any parent or legal guardian is not precluded by abuse,
neglect, abandonment, or any similar cause under State
law;''.
SEC. 569. RULE OF CONSTRUCTION.
Nothing in this title may be construed to limit, with
respect to procedures or practices relating to an
unaccompanied alien child (as defined in section 462(g)(2) of
the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2)))--
(1) the screening of such a child for a credible fear of
return to his or her country of origin;
(2) the screening of such a child to determine whether he
or she was a victim of trafficking; or
(3) Department of Health and Human Services policy in
effect on the date of the enactment of this Act requiring a
home study for such a child if he or she is younger than 12
years of age.
TITLE VII--VISA OVERSTAYS PENALTIES
SEC. 571. EXPANDED PENALTIES FOR ILLEGAL ENTRY OR PRESENCE.
Section 275 of the Immigration and Nationality Act (8
U.S.C. 1325) is amended--
(1) in subsection (a), by inserting ``or if the alien was
previously convicted of an offense under subsection
(e)(2)(A)'' after ``for a subsequent commission of any such
offense'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``at least $50 and not
more than $250'' and inserting ``not less than $500 and not
more than $1,000''; and
(B) in paragraph (2), by inserting ``or subsection
(e)(2)(B)'' after ``in the case of an alien who has been
previously subject to a civil penalty under this
subsection''; and
(3) by adding at the end the following:
``(e) Visa Overstays.--
``(1) In general.--An alien admitted as a nonimmigrant
violates this paragraph if the alien, for an aggregate of 10
days or more, fails--
``(A) to maintain the nonimmigrant status in which the
alien was admitted, or to which it was changed under section
248, including complying with the period of stay authorized
by the Secretary of Homeland Security in connection with such
status; or
``(B) to comply otherwise with the conditions of such
nonimmigrant status.
``(2) Penalties.--An alien who violates paragraph (1)--
``(A) shall--
``(i) for the first commission of such a violation, be
fined under title 18, United States Code, imprisoned not more
than 6 months, or both; and
``(ii) for a subsequent commission of such a violation, or
if the alien was previously convicted of an offense under
subsection (a), be fined under such title 18, imprisoned not
more than 2 years, or both; and
``(B) in addition to any penalty under subparagraph (A) and
any other criminal or civil penalties that may be imposed for
such a violation, shall be subject to a civil penalty of--
``(i) not less than $500 and not more than $1,000 for each
such violation; or
``(ii) twice the amount specified in clause (i) if the
alien was previously subject to a civil penalty under this
subparagraph or subsection (b).''.
TITLE VIII--IMMIGRATION PAROLE REFORM
SEC. 576. IMMIGRATION PAROLE REFORM.
Section 212(d)(5) of the Immigration and Nationality Act (8
U.S.C. 1182(d)(5)) is amended to read as follows:
``(5)(A) Subject to subparagraphs (B) through (H) and
section 214(f), the Secretary of Homeland Security, in the
discretion of the Secretary, may temporarily parole into the
United States any alien applying for admission to the United
States who is not
[[Page S1922]]
present in the United States, under such conditions as the
Secretary may prescribe, on a case-by-case basis, and not
according to eligibility criteria describing an entire class
of potential parole recipients, for urgent humanitarian
reasons or significant public benefit.
``(B) Parole granted under subparagraph (A) may not be
regarded as an admission of the alien. When the Secretary of
Homeland Security determines that the purposes of such parole
have been served, the alien shall immediately return or be
returned to the custody from which the alien was paroled.
After such return, the case of the alien shall be dealt with
in the same manner as the case of any other applicant for
admission to the United States.
``(C) The Secretary of Homeland Security may grant parole
to any alien who--
``(i) is present in the United States without lawful
immigration status;
``(ii) is the beneficiary of an approved petition under
section 203(a);
``(iii) is not otherwise inadmissible or removable; and
``(iv) is the spouse or child of a member of the Armed
Forces serving on active duty.
``(D) The Secretary of Homeland Security may grant parole
to any alien--
``(i) who is a national of the Republic of Cuba and is
living in the Republic of Cuba;
``(ii) who is the beneficiary of an approved petition under
section 203(a);
``(iii) for whom an immigrant visa is not immediately
available;
``(iv) who meets all eligibility requirements for an
immigrant visa;
``(v) who is not otherwise inadmissible; and
``(vi) who is receiving a grant of parole in furtherance of
the commitment of the United States to the minimum level of
annual legal migration of Cuban nationals to the United
States specified in the U.S.-Cuba Joint Communique on
Migration, done at New York September 9, 1994, and reaffirmed
in the Cuba-United States: Joint Statement on Normalization
of Migration, Building on the Agreement of September 9, 1994,
done at New York May 2, 1995.
``(E) In determining an alien's eligibility for parole
under subparagraph (A), an urgent humanitarian reason shall
be limited to circumstances in which the alien establishes
that the alien--
``(i)(I) has a medical emergency; and
``(II)(aa) cannot obtain necessary treatment in the foreign
state in which the alien is residing; or
``(bb) the medical emergency is life-threatening and there
is insufficient time for the alien to be admitted to the
United States through the normal visa process;
``(ii) is the parent or legal guardian of an alien
described in clause (i) and the alien described in clause (i)
is a minor;
``(iii) is needed in the United States in order to donate
an organ or other tissue for transplant and there is
insufficient time for the alien to be admitted to the United
States through the normal visa process;
``(iv) has a close family member in the United States whose
death is imminent and the alien could not arrive in the
United States in time to see such family member alive if the
alien were to be admitted to the United States through the
normal visa process;
``(v) is seeking to attend the funeral of a close family
member and the alien could not arrive in the United States in
time to attend such funeral if the alien were to be admitted
to the United States through the normal visa process;
``(vi) is an adopted child with an urgent medical condition
who is in the legal custody of the petitioner for a final
adoption-related visa and whose medical treatment is required
before the expected award of a final adoption-related visa;
or
``(vii) is a lawful applicant for adjustment of status
under section 245 and is returning to the United States after
temporary travel abroad.
``(F) In determining an alien's eligibility for parole
under subparagraph (A), a significant public benefit may be
determined to result from the parole of an alien only if--
``(i) the alien has assisted (or will assist, whether
knowingly or not) the United States Government in a law
enforcement matter;
``(ii) the alien's presence is required by the Government
in furtherance of such law enforcement matter; and
``(iii) the alien is inadmissible, does not satisfy the
eligibility requirements for admission as a nonimmigrant, or
there is insufficient time for the alien to be admitted to
the United States through the normal visa process.
``(G) In determining an alien's eligibility for parole
under subparagraph (A), the term `case-by-case basis' means
that the facts in each individual case are considered and
parole is not granted based on membership in a defined class
of aliens to be granted parole. The fact that aliens are
considered for or granted parole one-by-one and not as a
group is not sufficient to establish that the parole decision
is made on a `case-by-case basis'.
``(H) The Secretary of Homeland Security may grant parole
to an alien who is returned to a contiguous country pursuant
to section 235(b)(3) to allow the alien to attend the alien's
immigration hearing. The grant of parole shall not exceed the
time required for the alien to be escorted to, and attend,
the alien's immigration hearing scheduled on the same day as
the grant, and to immediately thereafter be escorted back to
the contiguous country. A grant of parole under this
subparagraph shall not be considered for purposes of
determining whether the alien is inadmissible under this Act.
``(I) The Secretary of Homeland Security may not use the
parole authority under this paragraph to parole an alien into
the United States for any reason or purpose other than those
described in subparagraphs (C), (D), (E), (F), and (H).
``(J) An alien granted parole may not accept employment,
except that an alien granted parole pursuant to subparagraph
(C) or (D) is authorized to accept employment for the
duration of the parole, as evidenced by an employment
authorization document issued by the Secretary of Homeland
Security.
``(K) Parole granted after a departure from the United
States shall not be regarded as an admission of the alien. An
alien granted parole, whether as an initial grant of parole
or parole upon reentry into the United States, is not
eligible to adjust status to lawful permanent residence or
for any other immigration benefit if the immigration status
the alien had at the time of departure did not authorize the
alien to adjust status or to be eligible for such benefit.
``(L)(i) Except as provided in clauses (ii) and (iii),
parole shall be granted to an alien under this paragraph for
the shorter of--
``(I) a period of sufficient length to accomplish the
activity described in subparagraph (E), (F), or (H) for which
the alien was granted parole; or
``(II) 1 year.
``(ii) Grants of parole pursuant to subparagraph (A) may be
extended once, in the discretion of the Secretary, for an
additional period that is the shorter of--
``(I) the period that is necessary to accomplish the
activity described in subparagraph (E) or (F) for which the
alien was granted parole; or
``(II) 1 year.
``(iii) Aliens who have a pending application to adjust
status to permanent residence under section 245 may request
extensions of parole under this paragraph, in 1-year
increments, until the application for adjustment has been
adjudicated. Such parole shall terminate immediately upon the
denial of such adjustment application.
``(M) Not later than 90 days after the last day of each
fiscal year, the Secretary of Homeland Security shall submit
to the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives
and make available to the public, a report--
``(i) identifying the total number of aliens paroled into
the United States under this paragraph during the previous
fiscal year; and
``(ii) containing information and data regarding all aliens
paroled during such fiscal year, including--
``(I) the duration of parole;
``(II) the type of parole; and
``(III) the current status of the aliens so paroled.''.
SEC. 577. IMPLEMENTATION.
(a) In General.--Except as provided in subsection (b), this
title and the amendments made by this title shall take effect
on the date that is 30 days after the date of the enactment
of this Act.
(b) Exceptions.--Notwithstanding subsection (a)--
(1) any application for parole or advance parole filed by
an alien before the date of the enactment of this Act shall
be adjudicated under the law that was in effect on the date
on which the application was properly filed;
(2) any approved advance parole shall remain valid under
the law that was in effect on the date on which the advance
parole was approved;
(3) section 212(d)(5)(K) of the Immigration and Nationality
Act, as added by section 576, shall take effect on the date
of the enactment of this Act; and
(4) aliens who were paroled into the United States pursuant
to section 212(d)(5)(A) of the Immigration and Nationality
Act (8 U.S.C. 1182(d)(5)(A)) before January 1, 2023, shall
continue to be subject to the terms of parole that were in
effect on the date on which their respective parole was
approved.
SEC. 578. CAUSE OF ACTION.
Any person, State, or local government that experiences
financial harm in excess of $1,000 due to a failure of the
Federal Government to lawfully apply the provisions of this
title or the amendments made by this title shall have
standing to bring a civil action against the Federal
Government in an appropriate district court of the United
States for appropriate relief.
SEC. 579. SEVERABILITY.
If any provision of this title or any amendment by this
title, or the application of such provision or amendment to
any person or circumstance, is held to be unconstitutional,
the remainder of this title and the application of such
provision or amendment to any other person or circumstance
shall not be affected.
TITLE IX--LEGAL WORKFORCE
SEC. 581. EMPLOYMENT ELIGIBILITY VERIFICATION PROCESS.
(a) In General.--Section 274A(b) of the Immigration and
Nationality Act (8 U.S.C. 1324a(b)) is amended to read as
follows:
``(b) Employment Eligibility Verification Process.--
``(1) New hires, recruitment, and referral.--The
requirements referred to in paragraphs (1)(B) and (3) of
subsection (a), with respect to a person or other entity
hiring, recruiting, or referring an individual for employment
in the United States, are the following:
[[Page S1923]]
``(A) Attestation after examination of documentation.--
``(i) Attestation.--During the verification period, the
person or entity shall attest, under penalty of perjury and
on a form, including electronic format, designated or
established by the Secretary of Homeland Security by
regulation not later than 6 months after the date of the
enactment of the Secure the Border Act of 2023, that it has
verified that the individual is not an unauthorized alien
by--
``(I) obtaining from the individual the individual's Social
Security account number or United States passport number and
recording the number on the form (if the individual claims to
have been issued such a number) and, if the individual does
not attest to United States nationality under subparagraph
(B), obtaining such identification or authorization number
established by the Department of Homeland Security for the
alien as the Secretary may specify, and recording such number
on the form; and
``(II) examining--
``(aa) a document relating to the individual presenting it
described in clause (ii); or
``(bb) a document relating to the individual presenting it
described in clause (iii) and a document relating to the
individual presenting it described in clause (iv).
``(ii) Documents evidencing employment authorization and
establishing identity.--A document described in this clause
is an individual's--
``(I) unexpired United States passport or passport card;
``(II) unexpired permanent resident card that contains a
photograph;
``(III) unexpired employment authorization card that
contains a photograph;
``(IV) in the case of a nonimmigrant alien authorized to
work for a specific employer incident to his or her
nonimmigrant status, a foreign passport with Form I-94 or
Form I-94A, or other documentation as designated by the
Secretary specifying the alien's nonimmigrant status if--
``(aa) the period of such status has not expired; and
``(bb) the proposed employment is not in conflict with any
restrictions or limitations identified in the document;
``(V) passport from the Federated States of Micronesia
(FSM) or the Republic of the Marshall Islands (RMI) with Form
I-94 or Form I-94A, or other documentation designated by the
Secretary of Homeland Security, indicating nonimmigrant
admission under the Compact of Free Association Between the
United States and the FSM or the RMI; or
``(VI) other document designated by the Secretary of
Homeland Security that--
``(aa) contains a photograph of the individual and
biometric identification data from the individual and such
other personal identifying information relating to the
individual as the Secretary specifies, by regulation, to be
sufficient for purposes of this clause;
``(bb) is evidence of authorization of employment in the
United States; and
``(cc) contains security features to make it resistant to
tampering, counterfeiting, and fraudulent use.
``(iii) Documents evidencing employment authorization.--A
document described in this clause is an individual's Social
Security account number card (other than such a card which
specifies on the face that the issuance of the card does not
authorize employment in the United States).
``(iv) Documents establishing identity of individual.--A
document described in this clause is--
``(I) an individual's unexpired State issued driver's
license or identification card if it contains a photograph
and personal information about the holder, such as name, date
of birth, gender, height, eye color, and address;
``(II) an individual's unexpired United States military
identification card;
``(III) an individual's unexpired Native American tribal
identification document issued by a tribal entity recognized
by the Bureau of Indian Affairs; or
``(IV) in the case of an individual who is younger than 18
years of age, a parent or legal guardian's attestation under
penalty of law as to the identity and age of the individual.
``(v) Authority to prohibit use of certain documents.--If
the Secretary of Homeland Security determines, by regulation,
that any document described in clause (i), (ii), or (iii) as
establishing employment authorization or identity does not
reliably establish such authorization or identity or is being
used fraudulently to an unacceptable degree, the Secretary
may prohibit or place conditions on its use for purposes of
this subparagraph.
``(vi) Signature.--An attestation required under clause (i)
may be manifested by a handwritten or electronic signature.
``(B) Individual attestation of employment authorization.--
``(i) In general.--During the verification period, the
individual shall attest, under penalty of perjury on the form
designated or established for purposes of subparagraph (A),
that the individual is--
``(I) a citizen or national of the United States;
``(II) an alien lawfully admitted for permanent residence;
or
``(III) an alien who is authorized under this Act or by the
Secretary of Homeland Security to be hired, recruited, or
referred for such employment.
``(ii) Identification number.--The individual shall submit
to the Secretary of Homeland Security--
``(I) the individual's Social Security account number or
United States passport number (if the individual claims to
have been issued such a number); or
``(II) if the individual does not attest to United States
nationality under this subparagraph, such identification or
authorization number established by the Department of
Homeland Security for the alien as the Secretary may specify.
``(iii) Signature.--An attestation required under clause
(i) may be manifested by a handwritten or electronic
signature.
``(C) Retention of verification form and verification.--
``(i) In general.--After submitting a form to the Secretary
of Homeland Security in accordance with subparagraphs (A) and
(B), the person or entity shall--
``(I) retain a paper or electronic version of the form and
make it available for inspection by officers of the
Department of Homeland Security, the Department of Justice,
or the Department of Labor during a period beginning on the
date of the recruiting or referral of the individual, or, in
the case of the hiring of an individual, the date on which
the verification is completed, and ending--
``(aa) in the case of the recruiting or referral of an
individual, that date that is 3 years after the date of the
recruiting or referral; and
``(bb) in the case of the hiring of an individual, the
later of--
``(AA) the date that is 3 years after the date on which the
verification is completed; or
``(BB) the date that is 1 year after the date on which the
individual's employment is terminated; and
``(II) during the verification period, make an inquiry, in
accordance with subsection (d), using the verification system
to seek verification of the identity and employment
eligibility of an individual.
``(ii) Confirmation.--
``(I) Confirmation received.--If the person or other entity
receives an appropriate confirmation of an individual's
identity and work eligibility under the verification system
within the period specified, the person or entity shall
record on the form an appropriate code that is provided under
the system and that indicates a final confirmation of such
identity and work eligibility of the individual.
``(II) Tentative nonconfirmation received.--
``(aa) In general.--If the person or other entity receives
a tentative nonconfirmation of an individual's identity or
work eligibility under the verification system within the
specified period, the person or entity shall so inform the
individual for whom the verification is sought.
``(bb) No contest.--If the individual does not contest a
tentative nonconfirmation within the period specified--
``(AA) the nonconfirmation shall be considered final; and
``(BB) the person or entity shall record on the form an
appropriate code that has been provided under the system to
indicate a final nonconfirmation.
``(cc) Secondary verification.--If the individual contests
a tentative nonconfirmation--
``(AA) the individual shall utilize the process for
secondary verification provided under subsection (d); and
``(BB) the nonconfirmation will remain tentative until a
final confirmation or nonconfirmation is provided by the
verification system within the specified period.
``(dd) Limitation on termination.--An employer may not
terminate the employment of an individual because of a
failure of the individual to have identity and work
eligibility confirmed under this section until a
nonconfirmation becomes final. Nothing in this subclause
shall apply to a termination of employment for any reason
other than because of such a failure.
``(ee) Limitation on rescission.--An employer may not
rescind an offer of employment to an individual because of a
failure of the individual to have identity and work
eligibility confirmed under this subsection until a
nonconfirmation becomes final. Nothing in this subclause
shall apply to a recission of the offer of employment for any
reason other than because of such a failure.
``(III) Final confirmation or nonconfirmation received.--If
a final confirmation or nonconfirmation is provided by the
verification system regarding an individual, the person or
entity shall record on the form an appropriate code that is
provided under the system and that indicates a confirmation
or nonconfirmation of identity and work eligibility of the
individual.
``(IV) Extension of time.--If the person or other entity in
good faith attempts to make an inquiry during the specified
period and the verification system has registered that not
all inquiries were received during such time, the person or
entity may make an inquiry in the first subsequent working
day in which the verification system registers that it has
received all inquiries. If the verification system cannot
receive inquiries at all times during a day, the person or
entity merely has to assert that the entity attempted to make
the inquiry on that day for the previous sentence to apply to
such an inquiry, and does not have to provide any additional
proof concerning such inquiry.
``(V) Consequences of nonconfirmation.--
``(aa) Termination or notification of continued
employment.--If the person or other entity has received a
final nonconfirmation
[[Page S1924]]
regarding an individual, the person or entity may terminate
employment of the individual (or decline to recruit or refer
the individual). If the person or entity does not terminate
employment of the individual or proceeds to recruit or refer
the individual, the person or entity shall notify the
Secretary of Homeland Security of such fact through the
verification system or in such other manner as the Secretary
may specify.
``(bb) Failure to notify.--If the person or entity fails to
provide notice with respect to an individual as required
under item (aa), the failure is deemed to constitute a
violation of subsection (a)(1)(A) with respect to such
individual.
``(VI) Continued employment after final nonconfirmation.--
If the person or other entity continues to employ (or to
recruit or refer) an individual after receiving final
nonconfirmation, a rebuttable presumption is created that the
person or entity has violated subsection (a)(1)(A).
``(D) Effective dates of new procedures.--
``(i) Hiring.--Except as provided in clause (iii), this
paragraph shall apply to--
``(I) employers having at least 10,000 employees in the
United States as of the date of the enactment of the Secure
the Border Act of 2023 beginning on the date that is 6 months
after such date of enactment;
``(II) employers having at least 500 employees and fewer
than 10,000 employees in the United States as of the date of
the enactment of such Act beginning on the date that is 1
year after such date of enactment;
``(III) employers having at least 20 employees and fewer
than 500 employees in the United States as of the date of the
enactment of such Act beginning on the date that is 18 months
year after such date of enactment; and
``(IV) employers having at least 1 employee and fewer than
20 employees in the United States as of the date of the
enactment of such Act beginning on the date that is 2 years
after such date of enactment.
``(ii) Recruiting and referring.--Except as provided in
clause (iii), this paragraph shall apply to a person or other
entity recruiting or referring an individual for employment
in the United States beginning on the date that is 1 year
after the date of the enactment of the Secure the Border Act
of 2023.
``(iii) Agricultural labor or services.--
``(I) Defined term.--In this clause, the term `agricultural
labor or services'--
``(aa) has the meaning given such term by the Secretary of
Agriculture in regulations; and
``(bb) includes--
``(AA) agricultural labor (as defined in section 3121(g) of
the Internal Revenue Code of 1986);
``(BB) agriculture (as defined in section 3(f) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 203(f)));
``(CC) the handling, planting, drying, packing, packaging,
processing, freezing, or grading before delivery for storage
of any agricultural or horticultural commodity in its
unmanufactured state;
``(DD) all activities required for the preparation,
processing, or manufacturing of a product of agriculture (as
defined in such section 3(f)) for further distribution; and
``(EE) activities similar to the activities referred to in
subitems (AA) through (DD) as they relate to fish or
shellfish facilities.
``(II) In general.--With respect to an employee performing
agricultural labor or services, this paragraph shall not
apply with respect to the verification of the employee until
the date that is 3 years after the date of the enactment of
the Secure the Border Act of 2023.
``(III) Exclusion.--An employee described in this clause
may not be counted for purposes of clause (i).
``(iv) Extensions.--
``(I) Upon request.--The Secretary of Homeland Security
shall allow an employer having 50 or fewer employees to
submit a request to the Secretary before the effective date
under this subparagraph applicable to such employer, a 1-
time, 6-month extension of such effective date.
``(II) Following report.--If the study conducted pursuant
to section 494 of the Secure the Border Act of 2023 has been
submitted in accordance with such section, the Secretary of
Homeland Security may extend the effective date under this
subparagraph on a 1-time basis for 12 months.
``(v) Transition rule.--Subject to paragraph (4), a person
or other entity hiring, recruiting, or referring an
individual for employment in the United States, until the
effective date or dates applicable under clauses (i) through
(iii), shall be subject to--
``(I) this subsection, as in effect before the date of the
enactment of the Secure the Border Act of 2023;
``(II) subtitle A of title IV of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1324a note), as in effect before the effective date set forth
in section 803(c)(1) of the Secure the Border Act of 2023;
and
``(III) any other provision of Federal law requiring the
person or entity to participate in the E-Verify Program
described in section 403(a) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a
note), as in effect before the effective date set forth in
section 803(c)(1) of the Secure the Border Act of 2023,
including Executive Order 13465 (8 U.S.C. 1324a note;
relating to Government procurement).
``(E) Defined term.--
``(i) In general.--In this paragraph, the term
`verification period' means--
``(I) in the case of recruitment or referral, the period
ending on the date on which recruiting or referring
commences; and
``(II) in the case of hiring, the period beginning on the
date on which an offer of employment is extended and ending
on--
``(aa) the date that is 3 business days after the date of
hire; or
``(bb) in the case of an alien who is authorized for
employment and provides evidence from the Social Security
Administration that the alien has applied for a Social
Security account number, the date that is 3 business days
after the alien receives the Social Security account number.
``(ii) Job offer may be conditional.--A person or other
entity may offer a prospective employee an employment
position that is conditioned on final verification of the
identity and employment eligibility of the employee using the
procedures established under this paragraph.
``(2) Reverification for individuals with limited work
authorization.--
``(A) In general.--Subject to subparagraphs (B) and (C), a
person or entity shall make an inquiry in accordance with
subsection (d), using the verification system to seek
reverification of the identity and employment eligibility of
all individuals with a limited period of work authorization
employed by the person or entity during the 3 business days
after the date on which the employee's work authorization
expires.
``(B) Hiring.--Except as provided in subparagraph (C),
subparagraph (A) shall apply to--
``(i) employers having at least 10,000 employees in the
United States as of the date of the enactment of the Secure
the Border Act of 2023 beginning on the date that is 6 months
after such date of enactment;
``(ii) employers having at least 500 employees and fewer
than 10,000 employees in the United States as of the date of
the enactment of such Act beginning on the date that is 1
year after such date of enactment;
``(iii) employers having at least 20 employees and fewer
than 500 employees in the United States as of the date of the
enactment of such Act beginning on the date that is 18 months
year after such date of enactment; and
``(iv) employers having at least 1 employee and fewer than
20 employees in the United States as of the date of the
enactment of such Act beginning on the date that is 2 years
after such date of enactment.
``(C) Agricultural labor or services.--
``(i) Defined term.--In this clause, the term `agricultural
labor or services'--
``(I) has the meaning given such term by the Secretary of
Agriculture in regulations; and
``(II) includes--
``(aa) agricultural labor (as defined in section 3121(g) of
the Internal Revenue Code of 1986);
``(bb) agriculture (as defined in section 3(f) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 203(f)));
``(cc) the handling, planting, drying, packing, packaging,
processing, freezing, or grading before delivery for storage
of any agricultural or horticultural commodity in its
unmanufactured state;
``(dd) all activities required for the preparation,
processing, or manufacturing of a product of agriculture (as
defined in such section 3(f)) for further distribution; and
``(ee) activities similar to the activities referred to in
subitems (AA) through (DD) as they relate to fish or
shellfish facilities.
``(ii) In general.--With respect to an employee performing
agricultural labor or services, or an employee recruited or
referred by a farm labor contractor (as defined in section 3
of the Migrant and Seasonal Agricultural Worker Protection
Act (29 U.S.C. 1801)), subparagraph (A) shall not apply with
respect to the reverification of the employee until the date
that is 3 years after the date of the enactment of the Secure
the Border Act of 2023.
``(iii) Exclusion.--An employee described in this
subparagraph may not be counted for purposes of subparagraph
(A).
``(D) Reverification.--Paragraph (1)(C)(ii) shall apply to
reverifications pursuant to this paragraph on the same basis
as it applies to verifications pursuant to paragraph (1),
except that employers shall--
``(i) use a form designated or established by the Secretary
by regulation for purposes of this paragraph; and
``(ii) retain a paper or electronic version of the form and
make it available for inspection by officers of the
Department of Homeland Security, the Department of Justice,
or the Department of Labor during the period beginning on the
date the reverification commences and ending on the date that
is the later of 3 years after the date of such reverification
or 1 year after the date the individual's employment is
terminated.
``(3) Previously hired individuals.--
``(A) On a mandatory basis for certain employees.--
``(i) In general.--Not later than the date that is 6 months
after the date of the enactment of the Secure the Border Act
of 2023, an employer shall make an inquiry, as provided in
subsection (d), using the verification system to seek
verification of the identity and employment eligibility of
any individual described in clause (ii) employed by the
employer whose employment eligibility has not been verified
under the E-Verify Program described in section 403(a) of the
Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (8 U.S.C. 1324a note).
[[Page S1925]]
``(ii) Individuals described.--An individual described in
this clause is--
``(I) an employee of any unit of a Federal, State, or local
government;
``(II) an employee who requires a Federal security
clearance working in a Federal, State, or local government
building, a military base, a nuclear energy site, a weapons
site, or an airport or other facility that requires workers
to carry a Transportation Worker Identification Credential
(TWIC); or
``(III) an employee assigned to perform work in the United
States under a Federal contract, except that this subclause--
``(aa) is not applicable to individuals who have a
clearance under Homeland Security Presidential Directive 12
(HSPD 12 clearance), are administrative or overhead
personnel, or are working solely on contracts that provide
Commercial Off The Shelf goods or services as set forth by
the Federal Acquisition Regulatory Council, unless they are
subject to verification under subclause (II); and
``(bb) only applies to contracts over the simple
acquisition threshold as defined in section 2.101 of title
48, Code of Federal Regulations.
``(B) On a mandatory basis for multiple users of same
social security account number.--
``(i) In general.--An employer that is required under this
subsection to use the verification system described in
subsection (d), or has elected voluntarily to use such
system, shall make inquiries to the system in accordance with
clauses (ii) through (iv).
``(ii) Notification.--The Commissioner of Social Security
shall annually notify employees (at the employee address
listed on the Wage and Tax Statement) who submit a Social
Security account number to which more than 1 employer reports
income and for which there is a pattern of unusual multiple
use. The notification letter shall identify the number of
employers to which income is being reported and provide
sufficient information regarding the process to contact the
Social Security Administration Fraud Hotline if the employee
believes the employee's identity may have been stolen. The
notice shall not share information protected as private, in
order to avoid any recipient of the notice from being in the
position to further commit or begin committing identity
theft.
``(iii) Effect of fraudulent use.--If the person to whom
the Social Security account number was issued by the Social
Security Administration has been identified and confirmed by
the Commissioner, and indicates that the Social Security
account number was used without the person's knowledge, the
Secretary of Homeland Security and the Commissioner shall--
``(I) lock the Social Security account number for
employment eligibility verification purposes; and
``(II) notify the employers of any individuals who
wrongfully submitted the Social Security account number that
such individuals may not be authorized to work in the United
States.
``(iv) Use of verification system.--Each employer receiving
such notification of an incorrect Social Security account
number under clause (iii) shall use the verification system
described in subsection (d) to check the work eligibility
status of the applicable employee not later than 10 business
days after receiving such notification.
``(C) On a voluntary basis.--
``(i) In general.--Subject to subparagraphs (A) and (B) and
paragraph (2), beginning on the date that is 30 days after
the date of the enactment of the Secure the Border Act of
2023, an employer may make an inquiry pursuant to subsection
(d), using the verification system to seek verification of
the identity and employment eligibility of any individual
employed by the employer.
``(ii) Scope of verification.--If an employer voluntarily
chooses to seek verification of any individual employed by
the employer, the employer shall seek verification of all
individuals employed at the same geographic location or, at
the option of the employer, all individuals employed within
the same job category, as the employee with respect to whom
the employer seeks voluntarily to use the verification
system.
``(iii) Limitation.--An employer's decision about whether
or not voluntarily to seek verification of its current
workforce under this subparagraph may not be considered by
any government agency in any proceeding, investigation, or
review under this Act.
``(D) Verification.--Paragraph (1)(C)(ii) shall apply to
verifications under this paragraph on the same basis as it
applies to verifications under paragraph (1), except that
employers shall--
``(i) use a form designated or established by the Secretary
of Homeland Security, by regulation, for purposes of this
paragraph; and
``(ii) retain a paper or electronic version of the form and
make the form available for inspection by officers of the
Department of Homeland Security, the Department of Justice,
or the Department of Labor during the period beginning on the
date on which the verification commences and ending on the
date that is the later of--
``(I) 3 years after such verification commencement date; or
``(II) 1 year after the date on which the individual's
employment is terminated.
``(4) Early compliance.--
``(A) Former e-verify required users, including federal
contractors.--Notwithstanding the deadlines under paragraphs
(1) and (2), beginning on the date of the enactment of the
Secure the Border Act of 2023, the Secretary of Homeland
Security is authorized to commence requiring employers
required to participate in the E-Verify Program described in
section 403(a) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note),
including employers required to participate in such program
by reason of Federal acquisition laws (and regulations
promulgated under those laws, including the Federal
Acquisition Regulation), to commence compliance with the
requirements under this subsection (and any additional
requirements of such Federal acquisition laws and regulation)
in lieu of any requirement to participate in the E-Verify
Program.
``(B) Former e-verify voluntary users and others desiring
early compliance.--Notwithstanding the deadlines under
paragraphs (1) and (2), beginning on the date of the
enactment of the Secure the Border Act of 2023, the Secretary
of Homeland Security shall provide for the voluntary
compliance with the requirements under this subsection by--
``(i) employers voluntarily electing to participate in the
E-Verify Program described in section 403(a) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1324a note) before such date; and
``(ii) other employers seeking voluntary early compliance.
``(5) Copying of documentation permitted.--Notwithstanding
any other provision of law, the person or entity may copy a
document presented by an individual pursuant to this
subsection and may retain such copy, but only (except as
otherwise permitted under law) for the purpose of complying
with the requirements under this subsection.
``(6) Limitation on use of forms.--A form designated or
established by the Secretary of Homeland Security under this
subsection and any information contained in or appended to
such form, may not be used for purposes other than for
enforcement of this Act and any other provision of Federal
criminal law.
``(7) Good faith compliance.--
``(A) In general.--Except as otherwise provided in this
subsection, a person or entity is considered to have complied
with a requirement under this subsection, notwithstanding a
technical or procedural failure to meet such requirement, if
there was a good faith attempt to comply with such
requirement.
``(B) Exception if failure to correct after notice.--
Subparagraph (A) shall not apply if--
``(i) the failure is not de minimus;
``(ii) the Secretary of Homeland Security has explained to
the person or entity the basis for the failure and why it is
not de minimus;
``(iii) the person or entity has been provided a period of
not less than 30 days, beginning on the date of the
explanation described in clause (ii), within which to correct
the failure; and
``(iv) the person or entity has not corrected the failure
within such period.
``(C) Exception for pattern or practice violators.--
Subparagraph (A) shall not apply to a person or entity that
has engaged or is engaging in a pattern or practice of
violations of paragraph (1)(A) or (2) of subsection (a).
``(8) Single extension of deadlines upon certification.--If
the Secretary of Homeland Security certifies to Congress that
the employment eligibility verification system required under
subsection (d) will not be fully operational by the date that
is 6 months after the date of the enactment of the Secure the
Border Act of 2023, each deadline established under this
subsection for an employer to make an inquiry using such
system shall be extended by 6 months. No other extension of
such a deadline shall be made except as authorized under
paragraph (1)(D)(iv).''.
(b) Date of Hire.--Section 274A(h) of the Immigration and
Nationality Act (8 U.S.C. 1324a(h)) is amended by adding at
the end the following:
``(4) Definition of date of hire.--In this section, the
term `date of hire' means the date of commencement of
employment for wages or other remuneration, unless otherwise
specified.''.
SEC. 582. EMPLOYMENT ELIGIBILITY VERIFICATION SYSTEM.
Section 274A(d) of the Immigration and Nationality Act (8
U.S.C. 1324a(d)) is amended to read as follows:
``(d) Employment Eligibility Verification System.--
``(1) In general.--Patterned on the employment eligibility
confirmation system established under section 404 of the
Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (8 U.S.C. 1324a note), the Secretary of Homeland
Security shall establish and administer an employment
eligibility verification system (referred to in this
subsection as the `System') through which the Secretary (or a
designee of the Secretary, which may be a nongovernmental
entity)--
``(A) responds to inquiries made by persons at any time
through a toll-free electronic media concerning an
individual's identity and whether the individual is
authorized to be employed in the United States; and
``(B) maintains records of the inquiries that were made, of
verifications provided (or not provided), and of the codes
provided to
[[Page S1926]]
inquirers as evidence of their compliance with their
obligations under this section.
``(2) Initial response.--Not later than 3 business days
after the receipt of an initial inquiry described in
paragraph (1)(A), the System shall provide--
``(A) confirmation or a tentative nonconfirmation of an
individual's identity and employment eligibility; and
``(B) an appropriate code indicating such confirmation or
such nonconfirmation.
``(3) Secondary verification process in case of tentative
nonconfirmation.--
``(A) In general.--Except as provided in subparagraph (B),
not later than 10 business days after the date on which a
notice of tentative nonconfirmation is received by an
employee, the Secretary, in consultation with the
Commissioner of Social Security, shall specify an available
secondary verification process--
``(i) to confirm the validity of the information provided;
and
``(ii) to provide a final confirmation or nonconfirmation.
``(B) Extension.--The Secretary, in consultation with the
Commissioner--
``(i) may extend the deadline set forth in subparagraph
(A), on a case-by-case basis, for a period of 10 business
days; and
``(ii) if such deadline is extended--
``(I) shall document such extension within the System; and
``(II) shall notify the employee and employer of such
extension.
``(C) Extension process.--The Secretary, in consultation
with the Commissioner, shall--
``(i) establish a standard process for--
``(I) considering extensions authorized under subparagraph
(B)(i); and
``(II) notifying employees and employers of such extension
pursuant to subparagraph (B)(ii)(II); and
``(ii) make a description of such process available to the
public.
``(D) Code.--The System shall provide an appropriate code
indicating confirmation or nonconfirmation.
``(4) Design and operation of system.--The System shall be
designed and operated--
``(A) to maximize its reliability and ease of use by
persons and other entities consistent with insulating and
protecting the privacy and security of the underlying
information;
``(B) to respond to all inquiries made by such persons and
entities on whether individuals are authorized to be employed
and to register all times when such inquiries are not
received;
``(C) with appropriate administrative, technical, and
physical safeguards to prevent unauthorized disclosure of
personal information;
``(D) to have reasonable safeguards against the system's
resulting in unlawful discriminatory practices based on
national origin or citizenship status, including--
``(i) the selective or unauthorized use of the system to
verify eligibility; or
``(ii) the exclusion of certain individuals from
consideration for employment as a result of a perceived
likelihood that additional verification will be required,
beyond what is required for most job applicants;
``(E) to maximize the prevention of identity theft use in
the system; and
``(F) to limit the subjects of verification to--
``(i) individuals hired, referred, or recruited, in
accordance with paragraph (1) or (4) of subsection (b);
``(ii) employees and prospective employees, in accordance
with paragraph (1), (2), (3), or (4) of subsection (b); and
``(iii) individuals seeking to confirm their own employment
eligibility on a voluntary basis.
``(5) Responsibilities of commissioner of social
security.--
``(A) In general.--As part of the System, the Commissioner
of Social Security, in consultation with the Secretary of
Homeland Security (and any designee of the Secretary selected
to establish and administer the System), shall establish a
reliable, secure method, which, within the time periods
specified in paragraphs (2) and (3), compares the name and
Social Security account number provided in an inquiry against
such information maintained by the Commissioner in order to
validate (or not validate)--
``(i) the information provided regarding an individual
whose identity and employment eligibility is being confirmed;
``(ii) the correspondence of the name and number; and
``(iii) whether the individual has presented a Social
Security account number that is not valid for employment.
``(B) Limitation on disclosure.--The Commissioner may not
disclose or release Social Security information (other than
such confirmation or nonconfirmation) under the System except
as provided for in this section or section 205(c)(2)(I) of
the Social Security Act (42 U.S.C. 405(c)(2)(I)).
``(6) Responsibilities of secretary of homeland security.--
As part of the System, the Secretary of Homeland Security (in
consultation with any designee of the Secretary selected to
establish and administer the System), shall establish a
reliable, secure method, which, within the time periods
specified in paragraphs (2) and (3), compares the name and
alien identification or authorization number (or any other
information as determined relevant by the Secretary) which
are provided in an inquiry against such information
maintained or accessed by the Secretary in order to validate
(or not validate)--
``(A) the information provided;
``(B) the correspondence of the name and number;
``(C) whether the alien is authorized to be employed in the
United States; or
``(D) to the extent that the Secretary determines to be
feasible and appropriate, whether the records available to
the Secretary verify the identity or status of a national of
the United States.
``(7) Updating information.--The Commissioner of Social
Security and the Secretary of Homeland Security shall--
``(A) update information in the System in a manner that
promotes the maximum accuracy; and
``(B) provide a process for the prompt correction of
erroneous information, including instances in which errors
are brought to their attention in the secondary verification
process described in paragraph (3).
``(8) Limitation on use of the system and any related
systems.--
``(A) No national identification card.--Nothing in this
section may be construed to authorize (directly or
indirectly) the issuance or use of national identification
cards or the establishment of a national identification card.
``(B) Critical infrastructure.--The Secretary of Homeland
Security may authorize or direct any person or entity
responsible for granting access to, protecting, securing,
operating, administering, or regulating part of the critical
infrastructure (as defined in section 1016(e) of the Critical
Infrastructure Protection Act of 2001 (42 U.S.C. 5195c(e)))
to use the System to the extent the Secretary determines that
such use will assist in the protection of the critical
infrastructure.
``(9) Remedies.--If an individual alleges that the
individual would not have been dismissed from a job or would
have been hired for a job but for an error of the System, the
individual may seek compensation only in accordance with
chapter 171 of title 28, United States Code (commonly known
as the `Federal Tort Claims Act', and injunctive relief to
correct such error. No class action may be brought under this
paragraph.''.
SEC. 583. RECRUITMENT, REFERRAL, AND CONTINUATION OF
EMPLOYMENT.
(a) Additional Changes to Rules for Recruitment, Referral,
and Continuation of Employment.--Section 274A(a) of the
Immigration and Nationality Act (8 U.S.C. 1324a(a)) is
amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``or to recruit or
refer for a fee,'' and inserting ``recruit, or refer''; and
(B) by amending subparagraph (B) to read as follows:
``(B) to hire, continue to employ, or to recruit or refer
for employment in the United States an individual without
complying with the requirements under subsection (b).''; and
(2) in paragraph (2), by striking ``after hiring an alien
for employment in accordance with paragraph (1),'' and
inserting ``after complying with paragraph (1),''.
(b) Defined Term.--Section 274A(h) of the Immigration and
Nationality Act (8 U.S.C. 1324a(h)), as amended by section
581(b), is further amended by adding at the end the
following:
``(5) Definitions of recruit and refer.--
``(A) Recruit.--In this section, the term `recruit'--
``(i) means the act of soliciting a person who is in the
United States, directly or indirectly, and referring the
person to another with the intent of obtaining employment for
that person;
``(ii) except as provided in clause (iii), only includes
persons or entities referring for remuneration (whether on a
retainer or contingency basis); and
``(iii) includes--
``(I) union hiring halls that refer union members or
nonunion individuals who pay union membership dues, whether
or not such halls receive remuneration; and
``(II) labor service entities or labor service agencies,
whether public, private, for-profit, or nonprofit, that
recruit, dispatch, or otherwise facilitate the hiring of
laborers for any period of time by a third party.
``(B) Refer.--In this section, the term `refer'--
``(i) means the act of sending or directing a person who is
in the United States or transmitting documentation or
information to another, directly or indirectly, with the
intent of obtaining employment in the United States for such
person;
``(ii) except as provided in clause (iii), only includes
persons or entities referring for remuneration (whether on a
retainer or contingency basis); and
``(iii) includes--
``(I) union hiring halls that refer union members or
nonunion individuals who pay union membership dues, whether
or not such halls receive remuneration; and
``(II) labor service entities or labor service agencies,
whether public, private, for-profit, or nonprofit, that
refer, dispatch, or otherwise facilitate the hiring of
laborers for any period of time by a third party.''.
(c) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall take effect on the date
that is 1 year after the date of the enactment of this Act.
(2) Exception.--The amendments made by subsection (a) shall
take effect on the date that is 6 months after the date of
the enactment of this Act to the extent such amendments
relate to continuation of employment.
[[Page S1927]]
SEC. 584. GOOD FAITH DEFENSE.
Section 274A(a)(3) of the Immigration and Nationality Act
(8 U.S.C. 1324a(a)(3)) is amended to read as follows:
``(3) Good faith defense.--
``(A) Defense.--An employer (or a person or entity that
hires, employs, recruits, refers, or is otherwise obligated
to comply with this section) that establishes good faith
compliance with the requirements under subsection (b)--
``(i) shall not be liable to a job applicant, an employee,
the Federal Government, or a State or local government, under
Federal, State, or local criminal or civil law for any
employment-related action taken with respect to a job
applicant or employee in good-faith reliance on information
provided through the verification system established pursuant
to subsection (d); and
``(ii) has established compliance with the employer's
obligations under subparagraphs (A) and (B) of paragraph (1)
and subsection (b) absent a showing by the Secretary of
Homeland Security, by clear and convincing evidence, that the
employer had knowledge that an employee is an unauthorized
alien.
``(B) Mitigation element.--For purposes of subparagraph
(A)(i), if an employer proves, by a preponderance of the
evidence, that the employer used a reasonable, secure, and
established technology to authenticate the identity of the
new employee, that fact shall be taken into account for
purposes of determining good faith use of the verification
system established pursuant to subsection (d).
``(C) Failure to seek and obtain verification.--
``(i) In general.--Subject to the effective dates and other
deadlines applicable under subsection (b), a person or entity
in the United States that hires, or continues to employ, an
individual, or recruits or refers an individual for
employment, shall be subject to the requirements set forth in
clauses (ii) and (iii).
``(ii) Failure to seek verification.--
``(I) In general.--If the person or entity has not made an
inquiry through the verification system established pursuant
subsection (d) and in accordance with the timeframes
established under subsection (b), seeking verification of the
identity and work eligibility of the individual, the defense
under subparagraph (A) shall not be considered to apply with
respect to any employment, except as provided in subclause
(II).
``(II) Special rule for failure of verification
mechanism.--If the person or entity attempts to make an
inquiry in good faith in order to qualify for the defense
under subparagraph (A) and the verification system registers
that not all inquiries were responded to during the relevant
time, the person or entity can make an inquiry until the end
of the first subsequent business day in which the
verification mechanism registers no nonresponses and qualify
for such defense.
``(iii) Failure to obtain verification.--If the person or
entity made the inquiry described in clause (i)(I), but did
not receive an appropriate verification of such identity and
work eligibility from the verification system within the time
period specified in subsection (d)(2) after the verification
inquiry was received, the defense under subparagraph (A)
shall not be considered to apply with respect to any
employment after the end of such period.''.
SEC. 585. PREEMPTION AND STATES' RIGHTS.
Section 274A(h)(2) of the Immigration and Nationality Act
(8 U.S.C. 1324a(h)(2)) is amended to read as follows:
``(2) Preemption.--
``(A) Single, national policy.--The provisions under this
section preempt any State or local law, ordinance, policy, or
rule, including any criminal or civil fine or penalty
structure, to the extent they may relate to the hiring,
continued employment, or status verification for employment
eligibility purposes, of unauthorized aliens.
``(B) State enforcement of federal law.--
``(i) Business licensing.--A State, locality, municipality,
or political subdivision may exercise its authority over
business licensing and similar laws as a penalty for failure
to use the verification system described in subsection (d) to
verify employment eligibility in accordance with subsection
(b).
``(ii) General rules.--
``(I) State enforcement.--A State, at its own cost, may
enforce the provisions of this section if such State--
``(aa) complies with any Federal regulations, rules, and
guidance implementing this section; and
``(bb) applies the Federal penalty structure required under
this section.
``(II) Fines.--A State described in subclause (I) may
collect any fines assessed under this section.
``(III) Double jeopardy.--An employer may not be subject to
enforcement, including audit and investigation, by a Federal
agency and a State for the same violation under this section.
The government entity that first initiates such an
enforcement action has the right of first refusal to proceed
with the enforcement action.
``(IV) Guidance, training, and field instructions.--The
Secretary of Homeland Security shall provide copies of all
guidance, training, and field instructions that are available
to Federal officials enforcing the provisions of this section
to each State.''.
SEC. 586. REPEAL.
(a) In General.--Subtitle A of title IV of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1324a note) is repealed.
(b) References.--Any reference in any Federal law,
Executive order, rule, regulation, or delegation of
authority, or any document of, or pertaining to, the
Department of Homeland Security, Department of Justice, or
the Social Security Administration, to the employment
eligibility confirmation system established under section 404
of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1324a note) is deemed to
refer to the employment eligibility verification system
established under section 274A(d) of the Immigration and
Nationality Act, as amended by section 582.
(c) Effective Date.--This section shall take effect on the
date that is 30 months after the date of the enactment of
this Act.
(d) Clerical Amendment.--The table of contents in section
1(d) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996, is amended by striking the items
relating to subtitle A of title IV.
SEC. 587. PENALTIES.
Section 274A of the Immigration and Nationality Act (8
U.S.C. 1324a) is amended--
(1) in subsection (e)--
(A) in paragraph (1)--
(i) by striking ``Attorney General'' each place such term
appears and inserting ``Secretary of Homeland Security''; and
(ii) in subparagraph (D), by striking ``Service'' and
inserting ``Department of Homeland Security'';
(B) in paragraph (4)--
(i) in subparagraph (A)--
(I) in the matter before clause (i), by inserting ``,
subject to paragraph (10),'' after ``in an amount'';
(II) in clause (i), by striking ``not less than $250 and
not more than $2,000'' and inserting ``not less than $2,500
and not more than $5,000'';
(III) in clause (ii), by striking ``not less than $2,000
and not more than $5,000'' and inserting ``not less than
$5,000 and not more than $10,000'';
(IV) in clause (iii), by striking ``not less than $3,000
and not more than $10,000'' and inserting ``not less than
$10,000 and not more than $25,000''; and
(ii) by amending subparagraph (B) to read as follows:
``(B) may require the person or entity to take such other
remedial action as is appropriate.'';
(C) in paragraph (5)--
(i) in the paragraph heading, by striking ``paperwork'';
(ii) by inserting ``, subject to paragraphs (10) through
(12),'' after ``in an amount'';
(iii) by striking ``$100 and not more than $1,000'' and
inserting ``$1,000 and not more than $25,000''; and
(iv) by adding at the end the following: ``Failure by a
person or entity to utilize the employment eligibility
verification system in accordance with this section, or
providing information to the system that the person or entity
knows or reasonably believes to be false, shall be treated as
a violation of subsection (a)(1)(A).''; and
(D) by adding at the end the following:
``(10) Waiver or reduction of penalty for good faith
violation.--In the case of imposition of a civil penalty
under paragraph (4)(A) with respect to a violation of
paragraph (1)(A) or (2) of subsection (a) for hiring or
continuation of employment or recruitment or referral by
person or entity and in the case of imposition of a civil
penalty under paragraph (5) for a violation of subsection
(a)(1)(B) for hiring or recruitment or referral by a person
or entity, the penalty otherwise imposed may be waived or
reduced if the violator establishes that the violator acted
in good faith.
``(11) Mitigation element.--For purposes of paragraph (4),
the size of the business shall be taken into account when
assessing the level of civil money penalty.
``(12) Authority to debar employers for certain
violations.--
``(A) In general.--If a person or entity is determined by
the Secretary of Homeland Security to be a repeat violator of
paragraph (1)(A) or (2) of subsection (a), or is convicted of
a crime under this section, such person or entity may be
considered for debarment from the receipt of Federal
contracts, grants, or cooperative agreements in accordance
with the debarment standards and pursuant to the debarment
procedures set forth in the Federal Acquisition Regulation.
``(B) Does not have contract, grant, agreement.--If the
Secretary of Homeland Security or the Attorney General
determines that a person or entity should be considered for
debarment under subparagraph (A), and such a person or entity
does not hold a Federal contract, grant, or cooperative
agreement, the Secretary or the Attorney General shall refer
the matter to the Administrator of General Services to
determine--
``(i) whether to list the person or entity on the List of
Parties Excluded from Federal Procurement; and
``(ii) if so listed, the duration and scope of such
exclusion.
``(C) Has contract, grant, agreement.--If the Secretary of
Homeland Security or the Attorney General determines that a
person or entity should be considered for debarment under
subparagraph (A), and such person or entity holds a Federal
contract, grant, or cooperative agreement, the Secretary or
the Attorney General--
[[Page S1928]]
``(i) shall advise all Federal agencies or departments
holding a contract, grant, or cooperative agreement with such
person or entity of the Government's interest in having the
person or entity considered for debarment; and
``(ii) after soliciting and considering the views of all
such agencies and departments, may refer the matter to any
appropriate lead agency to determine--
``(I) whether to list the person or entity on the List of
Parties Excluded from Federal Procurement; and
``(II) if so listed, the duration and scope of such
exclusion.
``(D) Review.--Any decision to debar a person or entity in
accordance with this paragraph shall be reviewable under part
9.4 of the Federal Acquisition Regulation.
``(13) Office for state and local government complaints.--
The Secretary of Homeland Security shall establish an
office--
``(A) to which State and local government agencies may
submit information indicating potential violations of
subsection (a), (b), or (g)(1) that were generated in the
normal course of law enforcement or the normal course of
other official activities in the State or locality; and
``(B) that is required--
``(i) to indicate to the complaining State or local agency
not later than 5 business days after such a complaint is
filed by identifying whether the Secretary will further
investigate the information provided;
``(ii) to investigate complaints filed by State or local
government agencies that, on their face, have a substantial
probability of validity;
``(iii) to notify the complaining State or local agency of
the results of any such investigation conducted; and
``(iv) to submit an annual report to Congress that
identifies--
``(I) the number of complaints received under this
paragraph during the reporting period;
``(II) the States and localities that filed such
complaints; and
``(III) the resolution of any complaints that were
investigated by the Secretary.''; and
(2) in subsection (f), by amending paragraph (1) to read as
follows:
``(1) Criminal penalty.--Notwithstanding any other Federal
law relating to fine levels, any person or entity that
engages in a pattern or practice of violations of paragraph
(1) or (2) of subsection (a) shall be fined not more than
$5,000 for each unauthorized alien with respect to which such
a violation occurs, imprisoned for not more than 18 months,
or both.''.
SEC. 588. FRAUD AND MISUSE OF DOCUMENTS.
Section 1546(b) of title 18, United States Code, is
amended--
(1) in paragraph (1), by inserting ``or document meant to
establish work authorization (including any document
described in section 274A(b) of the Immigration and
Nationality Act (8 U.S.C. 1324a(b))),'' after
``identification document''; and
(2) in paragraph (2), by inserting ``or document meant to
establish work authorization (including any document
described in section 274A(b) of the Immigration and
Nationality Act (8 U.S.C. 1324a(b))),'' after
``identification document''.
SEC. 589. PROTECTION OF SOCIAL SECURITY ADMINISTRATION
PROGRAMS.
(a) Funding Under Agreement.--The Commissioner of Social
Security and the Secretary of Homeland Security shall enter
into and maintain annual agreements, for fiscal year 2024 and
each subsequent fiscal year, which--
(1) provides funds to the Commissioner for the full costs
of the responsibilities of the Commissioner under section
274A(d) of the Immigration and Nationality Act (8 U.S.C.
1324a(d)), as amended by section 582, including--
(A) acquiring, installing, and maintaining technological
equipment and systems necessary for the fulfillment of the
responsibilities of the Commissioner under such section
274A(d), but only that portion of such costs that are
attributable exclusively to such responsibilities; and
(B) responding to individuals who contest a tentative
nonconfirmation provided by the employment eligibility
verification system established under such section;
(2) provides the funds described in paragraph (1) annually
in advance of the applicable quarter based on estimating
methodology agreed to by the Commissioner and the Secretary
(except when the delayed enactment of an annual appropriation
may preclude such quarterly payments); and
(3) requires an annual accounting and reconciliation of the
actual costs incurred and the funds provided under the
agreement, which shall be reviewed by the Inspector General
of the Social Security Administration and the Inspector
General of the Department of Homeland Security.
(b) Continuation of Employment Verification in Absence of
Timely Agreement.--
(1) In general.--If an agreement required under subsection
(a) for any fiscal year does not take effect by the first day
of such fiscal year--
(A) the Commissioner of Social Security and the Secretary
of Homeland Security shall immediately notify the Committee
on Finance of the Senate, the Committee on the Judiciary of
the Senate, the Committee on Appropriations of the Senate,
the Committee on Ways and Means of the House of
Representatives, the Committee on the Judiciary of the House
of Representatives, and the Committee on Appropriations of
the House of Representatives of the failure to reach the
agreement required under subsection (a) for such fiscal year;
and
(B) the most recent agreement between the Commissioner and
the Secretary of Homeland Security providing funding for the
costs incurred by the Commissioner to implement section
274A(d) of the Immigration and Nationality Act, as amended by
section 582, shall be deemed in effect on an interim basis
for such fiscal year until the new agreement required under
subsection (a) takes effect, except that the terms of such
interim agreement shall be modified by the Director of the
Office of Management and Budget to adjust for inflation and
any increase or decrease in the volume of requests under the
employment eligibility verification system.
(2) Status reports.--Not less frequently than quarterly
while an interim agreement described in paragraph (1)(B) is
in effect, the Commissioner and the Secretary shall notify
the congressional committees listed in paragraph (1)(A) of
the status of negotiations between the Commissioner and the
Secretary in order to reach a new agreement for the current
fiscal year.
SEC. 590. FRAUD PREVENTION.
(a) Blocking Misused Social Security Account Numbers.--The
Secretary of Homeland Security, in consultation with the
Commissioner of Social Security, shall establish a program in
which Social Security account numbers that have been subject
to unusual multiple use in the employment eligibility
verification system established pursuant to section 274A(d)
of the Immigration and Nationality Act, as amended by section
582, or that are otherwise suspected or determined to have
been compromised by identity fraud or other misuse, shall be
blocked from use for such system purposes unless the
individual using such number is able to establish, through
secure and fair additional security procedures, that the
individual is the legitimate holder of such number.
(b) Allowing Suspension of Use of Certain Social Security
Account Numbers.--The Secretary of Homeland Security, in
consultation with the Commissioner of Social Security, shall
establish a program that provides a reliable, secure method
by which victims of identity fraud and other individuals may
suspend or limit the use of their Social Security account
number or other identifying information for purposes of the
employment eligibility verification system established under
section 274A(d) of the Immigration and Nationality Act, as
amended by section 582. The Secretary may implement such
program on a limited pilot program basis before making it
fully available to all individuals.
(c) Allowing Parents To Prevent Theft of Their Children's
Identity.--The Secretary of Homeland Security, in
consultation with the Commissioner of Social Security, shall
establish a program that provides a reliable, secure method
by which parents or legal guardians may suspend or limit the
use of the Social Security account number or other
identifying information of a minor under their care for the
purposes of the employment eligibility verification system
established under 274A(d) of the Immigration and Nationality
Act, as amended by section 582. The Secretary may implement
such program on a limited pilot program basis before making
it fully available to all individuals.
SEC. 591. USE OF EMPLOYMENT ELIGIBILITY VERIFICATION PHOTO
TOOL.
An employer who uses the photo matching tool used as part
of the E-Verify System shall match the photo tool photograph
to--
(1) the photograph on the identity or employment
eligibility document provided by the employee; and
(2) the face of the employee submitting the document for
employment verification purposes.
SEC. 592. IDENTITY AUTHENTICATION EMPLOYMENT ELIGIBILITY
VERIFICATION PILOT PROGRAMS.
(a) In General.--Not later than 2 years after the date of
the enactment of this Act, the Secretary of Homeland
Security, after consultation with the Commissioner of Social
Security and the Director of the National Institute of
Standards and Technology, shall establish, by regulation, not
less than 2 identity authentication employment eligibility
verification pilot programs (referred to in this section as
``Authentication Pilots''), each of which shall use a
separate and distinct technology.
(b) Purpose.--The purpose of the Authentication Pilots
shall be to provide for identity authentication and
employment eligibility verification with respect to enrolled
new employees. Such services shall be available to any
employer that elects to participate in any of the
Authentication Pilots. Any participating employer may cancel
the employer's participation in an Authentication Pilot on or
after the date that is 1 year after electing to participate
without prejudice to future participation.
(c) Report.--Not later than 1 year after the commencement
of the Authentication Pilots under this section, the
Secretary of Homeland Security shall submit a report to the
Committee on the Judiciary of the Senate and the Committee on
the Judiciary of the House of Representatives that includes--
(1) the Secretary's assessment of the effectiveness of the
Authentication Pilots; and
(2) the authentication technology chosen for each
Authentication Pilot.
[[Page S1929]]
SEC. 593. INSPECTOR GENERAL AUDITS.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act, the Inspector General of the
Social Security Administration shall seek to uncover evidence
of individuals who are not authorized to work in the United
States by completing audits of--
(1) workers who dispute wages reported on their Social
Security account number when they believe someone else has
used such number and name to report wages;
(2) minor's Social Security account numbers used for work
purposes; and
(3) employers whose workers present significant numbers of
mismatched Social Security account numbers or names for wage
reporting.
(b) Submission of Finding.--The Inspector General of the
Social Security Administration shall submit the findings of
the audits completed pursuant to subsection (a) to the
Committee on Finance of the Senate and the Committee on Ways
and Means of the House of Representatives for review of the
evidence of individuals who are not authorized to work in the
United States.
(c) Investigation.--The Chair of each of the congressional
committees referred to in subsection (b) shall determine
whether the evidence received from the Inspector General
pursuant to subsection (b) should be shared with the
Secretary of Homeland Security to enable the Secretary to
investigate the unauthorized employment demonstrated by such
evidence.
SEC. 594. AGRICULTURE WORKFORCE STUDY.
Not later than 3 years after the date of the enactment of
this Act, the Secretary of Homeland Security, in consultation
with the Secretary of Agriculture, shall submit a report to
the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives
that includes--
(1) the number of individuals in the agricultural
workforce;
(2) the number of United States citizens in the
agricultural workforce;
(3) the number of aliens in the agricultural workforce who
are authorized to work in the United States;
(4) the number of aliens in the agricultural workforce who
are not authorized to work in the United States;
(5) wage growth in each of the previous ten years,
disaggregated by agricultural sector;
(6) the percentage of total agricultural industry costs
represented by agricultural labor during each of the last 10
years;
(7) the percentage of agricultural costs invested in
mechanization during each of the last 10 years; and
(8) recommendations (other than a path to legal status for
aliens not authorized to work in the United States) for
ensuring that United States agricultural employers have a
workforce sufficient to cover industry needs, including
recommendations--
(A) to increase investments in mechanization;
(B) to increase the domestic workforce; and
(C) to reform the H-2A nonimmigrant visa program.
SEC. 595. SENSE OF CONGRESS ON FURTHER IMPLEMENTATION.
It is the sense of Congress that in implementing the E-
Verify Program, the Secretary of Homeland Security should
ensure that any adverse impact on the Nation's agricultural
workforce, operations, and food security are considered and
addressed.
SEC. 596. REPEALING REGULATIONS.
(a) In General.--Congress disapproves the final rules
relating to ``Temporary Agricultural Employment of H-2A
Nonimmigrants in the United States'' (87 Fed. Reg. 61660
(Oct. 12, 2022)) and to ``Adverse Effect Wage Rate
Methodology for the Temporary Employment of H-2A
Nonimmigrants in Non-Range Occupations in the United States''
(88 Fed. Reg. 12760 (Feb. 28, 2023)) and such rules shall
have no force or effect.
(b) Reissuance Prohibited.--The rules referred to in
subsection (a) may not be reissued in substantially the same
form. Any new rules that are substantially the same as such
rules may not be issued.
______