[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.
                                 ______