[Congressional Record Volume 169, Number 202 (Thursday, December 7, 2023)]
[Senate]
[Pages S5854-S5875]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1375. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 1371 submitted by Mrs. Murray (for herself and Mr. 
Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of the bill, add the following:

                    DIVISION D--SECURING THE BORDER

     SEC. 3001. SHORT TITLE.

       This division may be cited as the ``Secure the Border Act 
     of 2023''.

                        TITLE I--BORDER SECURITY

     SEC. 3101. DEFINITIONS.

       In this title:

[[Page S5855]]

       (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. 3102. BORDER WALL CONSTRUCTION.

       (a) In General.--
       (1) Immediate resumption of border wall construction.--Not 
     later than seven 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 prior to 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 construction 
     of the border wall may be used for activities related to the 
     construction of the border wall in accordance with paragraph 
     (1).
       (b) 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 an implementation plan, including annual 
     benchmarks for the construction of 200 miles of such wall and 
     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 prior to 
     January 20, 2021, through the expenditure of funds 
     appropriated or explicitly obligated, as the case may be, for 
     use, as well as any future funds appropriated or otherwise 
     made available by Congress.
       (c) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on Homeland Security and the Committee on Appropriations of 
     the House of Representatives and the Committee on Homeland 
     Security and Governmental Affairs and the Committee on 
     Appropriations of the Senate.
       (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.

     SEC. 3103. 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 seven 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, 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 seven 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 of the House of 
     Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate of such waiver.''; and
       (4) by adding at the end the following new subsections:
       ``(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,

[[Page S5856]]

     access gates, checkpoints, lighting, and roads.
       ``(6) Technology.--The term `technology' includes border 
     surveillance and detection technology, including the 
     following:
       ``(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.
       ``(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. 3104. BORDER AND PORT SECURITY TECHNOLOGY INVESTMENT 
                   PLAN.

       (a) 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 (in this section referred to as the 
     ``plan''). The plan may include a classified annex, if 
     appropriate.
       (b) Contents of Plan.--The plan shall include the 
     following:
       (1) An analysis of security risks at and between ports of 
     entry along the northern and southern borders of the United 
     States.
       (2) An 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, to be 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) An 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) An identification and 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) An 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 to--
       (A) streamline the acquisition process of CBP; and
       (B) 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).
       (16) An identification of recent technological advancements 
     in the following:
       (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 the following:
       (i) Mobile surveillance vehicles.
       (ii) Associated electronics, including cameras, sensor 
     technology, and radar.
       (iii) Tower-based surveillance technology.
       (iv) Advanced unattended surveillance sensors.
       (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.
       (F) Communications equipment, including the following:
       (i) Radios.
       (ii) Long-term evolution broadband.
       (iii) Miniature satellites.
       (c) 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 stakeholders, through requests 
     for information, industry day events, and other innovative 
     means consistent with the Federal Acquisition 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.
       (d) Form.--To the extent practicable, the plan shall be 
     published in unclassified form on the website of the 
     Department.
       (e) Disclosure.--The plan shall include an identification 
     of individuals not employed by the Federal Government, and 
     their professional affiliations, who contributed to the 
     development of the plan.
       (f) Update and Report.--Not later than the date that is two 
     years after the date on which the plan is submitted to the 
     appropriate congressional committees pursuant to subsection 
     (a) and biennially thereafter for ten 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 (b)(5); and
       (B) the type of contract and the reason for acquiring each 
     such security-related technology.
       (g) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Homeland Security and the Committee on 
     Appropriations of the House of Representatives; and
       (B) the Committee on Homeland Security and Governmental 
     Affairs and the Committee on Appropriations of the Senate.
       (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)).

     SEC. 3105. BORDER SECURITY TECHNOLOGY PROGRAM MANAGEMENT.

       (a) In General.--Subtitle C of title IV of the Homeland 
     Security Act of 2002 (6 U.S.C. 231 et seq.) is amended by 
     adding at the end the following new section:

     ``SEC. 437. BORDER SECURITY TECHNOLOGY PROGRAM MANAGEMENT.

       ``(a) Major Acquisition Program Defined.--In this section, 
     the term `major acquisition program' means an acquisition 
     program of the Department that is estimated by the Secretary 
     to require an eventual total expenditure of at least 
     $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

[[Page S5857]]

     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 of the House of 
     Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate 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; 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 new item:

``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. 3106. 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 two-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 Border Security Deployment Program 
     of CBP; 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 two 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, on 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 2023 and 2024 to carry out paragraph (1).

     SEC. 3107. U.S. CUSTOMS AND BORDER PROTECTION PERSONNEL.

       (a) Retention Bonus.--To carry out this section, 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 five years or more of service with the U.S. 
     Border Patrol; and
       (3) who commits to two 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.--No personnel or 
     equipment of Air and Marine Operations may be used for the 
     transportation of non-detained 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 on a 
     publicly available website of the Government Accountability 
     Office a report relating thereto.

     SEC. 3108. 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 new subsections:
       ``(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 three years;
       ``(B) is authorized by law to engage in or supervise the 
     prevention, detection, investigation, or prosecution of, or 
     the incarceration of any person for, any violation of law, 
     and has statutory powers for arrest or apprehension; 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;
       ``(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 (CBP) certifies to the Committee on Homeland 
     Security of the House of Representatives and the Committee on 
     Homeland Security and Governmental Affairs of the Senate that 
     CBP has met all requirements pursuant to section 3107 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 re-certifies to such Committees that CBP has so 
     met all such requirements.''.
       (b) Supplemental Commissioner Authority; Reporting; 
     Definitions.--The Anti-Border Corruption Act of 2010 is 
     amended by adding at the end the following new sections:

     ``SEC. 5. SUPPLEMENTAL COMMISSIONER AUTHORITY.

       ``(a) Nonexemption.--An individual who receives a waiver 
     under 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 under section 3(b) who holds a current Tier 
     4 background investigation shall be subject to a Tier 5 
     background investigation.
       ``(c) Administration of Polygraph Examination.--The 
     Commissioner of U.S. Customs and Border Protection is 
     authorized to administer a polygraph examination to an 
     applicant or employee who is eligible for or receives a 
     waiver under section 3(b) if information is discovered before 
     the completion of a background investigation that results in 
     a determination that a polygraph examination is necessary to 
     make a final determination regarding suitability for 
     employment or continued employment, as the case may be.

     ``SEC. 6. REPORTING.

       ``(a) Annual Report.--Not later than one 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 to Congress a report that 
     includes, with respect to each such reporting period, the 
     following:
       ``(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.

[[Page S5858]]

       ``(4) An assessment of the current impact of such waiver 
     authority on filling law enforcement positions at U.S. 
     Customs and Border Protection.
       ``(5) An 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 
     under subsection (a) shall include the following:
       ``(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, as the case may be.
       ``(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. 3109. ESTABLISHMENT OF WORKLOAD STAFFING MODELS FOR U.S. 
                   BORDER PATROL AND AIR AND MARINE OPERATIONS OF 
                   CBP.

       (a) In General.--Not later than one 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 
     each of the following:
       (1) The U.S. Border Patrol.
       (2) Air and Marine Operations of CBP.
       (b) Responsibilities of the Commissioner.--Subsection (c) 
     of section 411 of the Homeland Security Act of 2002 (6 U.S.C. 
     211), is amended--
       (1) by redesignating paragraphs (18) and (19) as paragraphs 
     (20) and (21), respectively; and
       (2) by inserting after paragraph (17) the following new 
     paragraphs:
       ``(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;''.
       (c) Report.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act with respect to subsection (a) and 
     paragraphs (18) and (19) of section 411(c) of the Homeland 
     Security Act of 2002 (as amended by subsection (b)), and 
     annually thereafter with respect to such paragraphs (18) and 
     (19), the Secretary shall submit to the appropriate 
     congressional committees a report that includes a status 
     update on the following:
       (A) The implementation of such subsection (a) and such 
     paragraphs (18) and (19).
       (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.
       (d) Inspector General Review.--Not later than 90 days after 
     the Commissioner develops the workload staffing models 
     pursuant to subsection (a), 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 the following:
       (1) Recommendations from the Inspector General's February 
     2019 audit.
       (2) Any further recommendations to improve such models.
       (e) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Homeland Security of the House of 
     Representatives; and
       (2) the Committee on Homeland Security and Governmental 
     Affairs of the Senate.

     SEC. 3110. 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 new section:

     ``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 make grants to eligible law enforcement agencies, 
     through State administrative agencies, to enhance border 
     security in accordance with this section.
       ``(b) Eligible Recipients.--To be eligible to receive a 
     grant under this section, a law enforcement agency shall--
       ``(1) be located in--
       ``(A) a State bordering Canada or Mexico; or
       ``(B) a State or territory with a maritime border;
       ``(2) be involved in an active, ongoing, U.S. Customs and 
     Border Protection operation coordinated through a U.S. Border 
     Patrol sector office; and
       ``(3) have an agreement in place with U.S. Immigration and 
     Customs Enforcement to support enforcement operations.
       ``(c) Permitted Uses.--A recipient of a grant under this 
     section may use such grant for costs associated with the 
     following:
       ``(1) Equipment, including maintenance and sustainment.
       ``(2) Personnel, including overtime and backfill, in 
     support of enhanced border law enforcement activities.
       ``(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.
       ``(d) Period of Performance.--The Secretary shall award 
     grants under this section to grant recipients for a period of 
     not fewer than 36 months.
       ``(e) Notification.--Upon denial of a grant to a law 
     enforcement agency, the Administrator shall provide written 
     notice to the Committee on Homeland Security of the House of 
     Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate, including the reasoning 
     for such denial.
       ``(f) Report.--For each of fiscal years 2024 through 2028 
     the Administrator shall submit to the Committee on Homeland 
     Security of the House of Representatives and the Committee on 
     Homeland Security and Governmental Affairs of the Senate a 
     report that contains--
       ``(1) information on the expenditure of grants made under 
     this section by each grant recipient; and
       ``(2) recommendations for other uses of such grants to 
     further support eligible law enforcement agencies.
       ``(g) Authorization of Appropriations.--There is authorized 
     to be appropriated $110,000,000 for each of fiscal years 2024 
     through 2028 for grants under this section.''.
       (b) Conforming Amendment.--Subsection (a) of section 2002 
     of the Homeland Security Act of 2002 (6 U.S.C. 603) 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 new item:

``Sec. 2010. Operation Stonegarden.''.

     SEC. 3111. AIR AND MARINE OPERATIONS FLIGHT HOURS.

       (a) 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 Air and Marine Operations of 
     CBP.
       (b) Unmanned Aircraft Systems.--The Secretary, after 
     coordination with the Administrator of the Federal Aviation 
     Administration, shall ensure that Air and Marine Operations 
     operate unmanned aircraft systems on the southern border of 
     the United States for not less than 24 hours per day.
       (c) Primary Missions.--The Commissioner shall ensure the 
     following:
       (1) The primary missions for Air and Marine Operations are 
     to directly support the following:
       (A) U.S. Border Patrol activities along the borders of the 
     United States.
       (B) Joint Interagency Task Force South and Joint Task Force 
     East operations in the transit zone.
       (2) The Executive Assistant Commissioner of Air and Marine 
     Operations assigns the greatest priority to support missions 
     specified in paragraph (1).
       (d) High Demand Flight Hour Requirements.--The Commissioner 
     shall--

[[Page S5859]]

       (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 
     (c)(1)(A).
       (e) 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 (d).
       (f) Small Unmanned Aircraft Systems.--
       (1) In general.--The Chief of the U.S. Border Patrol shall 
     be the executive agent with respect to the use of small 
     unmanned aircraft by CBP for the purposes of the following:
       (A) Meeting the unmet flight hour operational requirements 
     of the U.S. Border Patrol.
       (B) Achieving situational awareness and operational control 
     of the borders of the United States.
       (2) Coordination.--In carrying out paragraph (1), the Chief 
     of the 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 Air and 
     Marine Operations of CBP to--
       (i) ensure the safety of other CBP aircraft flying in the 
     vicinity of small unmanned aircraft operated by the U.S. 
     Border Patrol; and
       (ii) establish a process to include data from flight hours 
     in the calculation of got away statistics.
       (3) Conforming amendment.--Paragraph (3) of section 411(e) 
     of the Homeland Security Act of 2002 (6 U.S.C. 211(e)) is 
     amended--
       (A) in subparagraph (B), by striking ``and'' after the 
     semicolon at the end;
       (B) by redesignating subparagraph (C) as subparagraph (D); 
     and
       (C) by inserting after subparagraph (B) the following new 
     subparagraph:
       ``(C) carry out the small unmanned aircraft (as such term 
     is defined in section 44801 of title 49, United States Code) 
     requirements pursuant to subsection (f) of section 3111 of 
     the Secure the Border Act of 2023; and''.
       (g) Savings Clause.--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 of CBP, or the 
     Chief of the U.S. Border Patrol any authority of the 
     Secretary of Transportation or the Administrator of the 
     Federal Aviation Administration relating to the use of 
     airspace or aviation safety.
       (h) 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)).

     SEC. 3112. 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 subsection (c) 
     of section 102 of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note), as 
     amended by section 3103, 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 of the House of 
     Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate 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 for each of fiscal years 2024 
     through 2028 to the Secretary to carry out this subsection.

     SEC. 3113. BORDER PATROL STRATEGIC PLAN.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act and biennially thereafter, the 
     Commissioner, acting through the Chief of the 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 the following:
       (1) A consideration of Border Patrol Capability Gap 
     Analysis reporting, Border Security Improvement Plans, and 
     any other strategic document authored by the 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 
     to--
       (A) 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) detect and prevent terrorists and instruments of 
     terrorism from entering the United States;
       (C) detect, interdict, and disrupt between ports of entry 
     aliens unlawfully present in the United States;
       (D) detect, interdict, and disrupt human smuggling, human 
     trafficking, drug trafficking, and other illicit cross-border 
     activity;
       (E) focus intelligence collection to disrupt transnational 
     criminal organizations outside of the international and 
     maritime borders of the United States; and
       (F) 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 the following:
       (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 the following:
       (i) Border agricultural and ranching organizations.
       (ii) Business and civic organizations.
       (iii) Hospitals and rural clinics within 150 miles of the 
     borders of the United States.
       (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.
       (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.
       (10) An assessment of training programs, including such 
     programs relating to the following:
       (A) Identifying and detecting fraudulent documents.
       (B) Understanding the scope of CBP enforcement authorities 
     and appropriate use of force policies.
       (C) Screening, identifying, and addressing vulnerable 
     populations, such as children and victims of human 
     trafficking.

     SEC. 3114. U.S. CUSTOMS AND BORDER PROTECTION SPIRITUAL 
                   READINESS.

       Not later than one year after the enactment of this Act and 
     annually thereafter for five years, the Commissioner shall 
     submit to the Committee on Homeland Security of the House of 
     Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate a report on 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 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.

     SEC. 3115. 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

[[Page S5860]]

     enter the United States after the date of the enactment of 
     this Act.

     SEC. 3116. 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 of the House of 
     Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate that CBP is fully 
     compliant with Federal DNA and biometric collection 
     requirements at United States land borders.

     SEC. 3117. 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 the 
     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 to the 
     Committee on Homeland Security and the Committee on the 
     Judiciary of the House of Representatives and the Committee 
     on Homeland Security and Governmental Affairs and the 
     Committee on the Judiciary of the Senate a report that 
     summarizes any policy and manual changes pursuant to 
     subsection (a).

     SEC. 3118. PUBLICATION BY U.S. CUSTOMS AND BORDER PROTECTION 
                   OF OPERATIONAL STATISTICS.

       (a) 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 
     relating to the total number of alien encounters and 
     nationalities, unique alien encounters and nationalities, 
     gang affiliated apprehensions and nationalities, drug 
     seizures, alien encounters included in the terrorist 
     screening database and nationalities, arrests of criminal 
     aliens or individuals wanted by law enforcement and 
     nationalities, known got aways, encounters with deceased 
     aliens, and all other related or associated statistics 
     recorded by U.S. Customs and Border Protection during the 
     immediately preceding month. Each such publication shall 
     include the following:
       (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) An 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.
       (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.
       (b) Exceptions.--If the Commissioner of U.S. Customs and 
     Border Protection in any month does not publish the 
     information required under subsection (a), or does not 
     publish such information by the date specified in such 
     subsection, the Commissioner shall brief the Committee on 
     Homeland Security of the House of Representatives and the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate regarding the reason relating thereto, as the case 
     may be, by not later than the date that is two business days 
     after the tenth day of such month.
       (c) 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)).

     SEC. 3119. ALIEN CRIMINAL BACKGROUND CHECKS.

       (a) In General.--Not later than seven days after the date 
     of the enactment of this Act, the Commissioner shall certify 
     to the Committee on Homeland Security and the Committee on 
     the Judiciary of the House of Representatives and the 
     Committee on Homeland Security and Governmental Affairs and 
     the Committee on the Judiciary of the Senate 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 also 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 to 
     the Committee on Homeland Security and the Committee on the 
     Judiciary of the House of Representatives and the Committee 
     on Homeland Security and Governmental Affairs and the 
     Committee on the Judiciary of the Senate a certification that 
     each database referred to in subsection (b) which the 
     Secretary accessed or sought to access pursuant to this 
     section met the standards described in subsection (b).

     SEC. 3120. PROHIBITED IDENTIFICATION DOCUMENTS AT AIRPORT 
                   SECURITY CHECKPOINTS; NOTIFICATION TO 
                   IMMIGRATION AGENCIES.

       (a) In General.--The Administrator may not accept as valid 
     proof of identification a prohibited identification document 
     at an airport security checkpoint.
       (b) Notification to Immigration Agencies.--If an individual 
     presents a prohibited identification document to an officer 
     of the Transportation Security Administration 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.
       (c) 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 (b), 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.
       (d) Collection of Biometric Information From Certain 
     Individuals Seeking Entry Into the Sterile Area of an 
     Airport.--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 
     subsection (e) prior to authorizing such individual to enter 
     into a sterile area.
       (e) Individual Described.--An individual described in this 
     subsection is an individual who--
       (1) is seeking entry into the sterile area of an airport;
       (2) does not present a covered identification document; and
       (3) 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).
       (g) 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 any of the following:
       (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.
       (E) A voice print.
       (F) An iris image.
       (3) Covered identification document.--The term ``covered 
     identification document'' means any of the following, if the 
     document is valid and unexpired:
       (A) A United States passport or passport card.
       (B) A biometrically secure card issued by a trusted 
     traveler program of the Department of Homeland Security, 
     including--
       (i) Global Entry;
       (ii) Nexus;
       (iii) Secure Electronic Network for Travelers Rapid 
     Inspection (SENTRI); and
       (iv) Free and Secure Trade (FAST).
       (C) An identification card issued by the Department of 
     Defense, including such a card issued to a dependent.

[[Page S5861]]

       (D) Any 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) An enhanced driver's license issued by a State.
       (F) A photo identification card issued by a federally 
     recognized Indian Tribe.
       (G) A personal identity verification credential issued in 
     accordance with Homeland Security Presidential Directive 12.
       (H) A driver's license issued by a province of Canada.
       (I) A Secure Certificate of Indian Status issued by the 
     Government of Canada.
       (J) A Transportation Worker Identification Credential.
       (K) A Merchant Mariner Credential issued by the Coast 
     Guard.
       (L) A Veteran Health Identification Card issued by the 
     Department of Veterans Affairs.
       (M) Any other document the Administrator determines, 
     pursuant to a rule making 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 that 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 any of the 
     following (or any applicable successor form):
       (A) U.S. Immigration and Customs Enforcement Form I-200, 
     Warrant for Arrest of Alien.
       (B) U.S. Immigration and Customs Enforcement Form I-205, 
     Warrant of Removal/Deportation.
       (C) U.S. Immigration and Customs Enforcement Form I-220A, 
     Order of Release on Recognizance.
       (D) U.S. Immigration and Customs Enforcement Form I-220B, 
     Order of Supervision.
       (E) Department of Homeland Security Form I-862, Notice to 
     Appear.
       (F) U.S. Customs and Border Protection Form I-94, Arrival/
     Departure Record (including a print-out of an electronic 
     record).
       (G) 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.
       (6) Sterile area.--The term ``sterile area'' has the 
     meaning given that term in section 1540.5 of title 49, Code 
     of Federal Regulations, or any successor regulation.

     SEC. 3121. PROHIBITION AGAINST ANY COVID-19 VACCINE MANDATE 
                   OR ADVERSE ACTION AGAINST DHS 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 report to the 
     Committee on Homeland Security of the House of 
     Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate on the following:
       (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.
       (3) How the Department would effectuate reinstatement of 
     such employees.
       (d) Retention and Development of Unvaccinated Employees.--
     The Secretary shall make every effort to retain Department 
     employees who are not vaccinated against COVID-19 and provide 
     such employees with professional development, promotion and 
     leadership opportunities, and consideration equal to that of 
     their peers.

     SEC. 3122. CBP ONE APP 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 inspection of perishable cargo.
       (b) Report.--Not later than 60 days after the date of the 
     enactment of this Act, the Commissioner shall report to the 
     Committee on Homeland Security of the House of 
     Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate the date on which CBP 
     began using CBP One to allow aliens to schedule interviews at 
     land ports of entry, how many aliens have scheduled 
     interviews at land ports of entry using CBP One, the 
     nationalities of such aliens, and the stated final 
     destinations of such aliens within the United States, if any.

     SEC. 3123. 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 
     the following:
       (1) A national strategy to address Mexican drug cartels, 
     and a determination regarding whether there should be a 
     designation established to address such cartels.
       (2) Information relating to actions by such cartels that 
     causes harm to the United States.

     SEC. 3124. GAO 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 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 the feasibility of a program to 
     reimburse such States for such costs.
       (b) Contents.--The study required under subsection (a) 
     shall include consideration of the following:
       (1) Actions taken by the Department of Homeland Security 
     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 borders, and the costs associated with 
     such actions.
       (3) The feasibility of a program within the Department of 
     Homeland Security to reimburse States for the costs incurred 
     in support of the Federal mission to secure the southwest 
     border.

     SEC. 3125. REPORT BY INSPECTOR GENERAL OF THE DEPARTMENT OF 
                   HOMELAND SECURITY.

       (a) Report.--Not later than one year after the date of the 
     enactment of this Act and annually thereafter for five years, 
     the Inspector General of the Department of Homeland Security 
     shall submit to the Committee on Homeland Security of the 
     House of Representatives and the Committee on Homeland 
     Security and Governmental Affairs of the Senate a report 
     examining the economic and security impact of mass migration 
     to municipalities and States along the southwest border. Such 
     report shall include information regarding costs incurred by 
     the following:
       (1) State and local law enforcement to secure the southwest 
     border.
       (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.
       (4) Farmers and ranchers due to migration impacts to their 
     properties.
       (b) Consultation.--To produce the report required under 
     subsection (a), the Inspector General of the Department of 
     Homeland Security shall consult with the individuals and 
     representatives of the entities described in paragraphs (1) 
     through (4) of such subsection.

     SEC. 3126. OFFSETTING AUTHORIZATIONS OF APPROPRIATIONS.

       (a) Office of the Secretary and Emergency Management.--No 
     funds are authorized to be appropriated for the Alternatives 
     to Detention Case Management Pilot Program or the Office of 
     the Immigration Detention Ombudsman for the Office of the 
     Secretary and Emergency Management of the Department of 
     Homeland Security.
       (b) Management Directorate.--No funds are authorized to be 
     appropriated for electric vehicles or St. Elizabeths campus 
     construction for the Management Directorate of the Department 
     of Homeland Security.
       (c) Intelligence, Analysis, and Situational Awareness.--
     There is authorized to be appropriated $216,000,000 for 
     Intelligence, Analysis, and Situational Awareness of the 
     Department of Homeland Security.
       (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. 3127. REPORT TO CONGRESS ON FOREIGN TERRORIST 
                   ORGANIZATIONS.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act and annually thereafter for five 
     years, the Secretary of Homeland Security shall submit to the 
     Committee on Homeland Security of the House of 
     Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate an assessment of foreign 
     terrorist organizations attempting to move their members or 
     affiliates into the United States through the southern, 
     northern, or maritime border.
       (b) Definition.--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).

     SEC. 3128. ASSESSMENT BY INSPECTOR GENERAL OF THE DEPARTMENT 
                   OF HOMELAND SECURITY ON 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 of Homeland 
     Security shall submit to the Committee on Homeland Security 
     of the House of Representatives and the Committee on Homeland 
     Security and Governmental Affairs of the Senate an assessment 
     of U.S. Customs and Border Protection's ability to mitigate 
     unmanned aircraft systems at the southwest border. Such 
     assessment shall include information regarding any 
     intervention between January 1, 2021, and the date of the 
     enactment of this Act, by any Federal agency affecting in any 
     manner U.S. Customs and Border Protection's authority to so 
     mitigate such systems.

[[Page S5862]]

  


         TITLE II--IMMIGRATION ENFORCEMENT AND FOREIGN AFFAIRS

            Subtitle A--Asylum Reform and Border Protection

     SEC. 3201. SAFE THIRD COUNTRY.

       Section 208(a)(2)(A) of the Immigration and Nationality Act 
     (8 U.S.C. 1158(a)(2)(A)) is amended--
       (1) by striking ``if the Attorney General determines'' and 
     inserting ``if the Attorney General or the Secretary of 
     Homeland Security determines--'';
       (2) by striking ``that the alien may be removed'' and 
     inserting the following:
       ``(i) that the alien may be removed'';
       (3) by striking ``, pursuant to a bilateral or multilateral 
     agreement, to'' and inserting ``to'';
       (4) by inserting ``or the Secretary, on a case by case 
     basis,'' before ``finds that'';
       (5) by striking the period at the end and inserting ``; 
     or''; and
       (6) by adding at the end the following:
       ``(ii) that the alien entered, attempted to enter, or 
     arrived in the United States after transiting through at 
     least one country outside the alien's country of citizenship, 
     nationality, or last lawful habitual residence en route to 
     the United States, unless--
       ``(I) the alien demonstrates that he or she applied for 
     protection from persecution or torture in at least one 
     country outside the alien's country of citizenship, 
     nationality, or last lawful habitual residence through which 
     the alien transited en route to the United States, and the 
     alien received a final judgment denying the alien protection 
     in each country;
       ``(II) the alien demonstrates that he or she was a victim 
     of a severe form of trafficking in which a commercial sex act 
     was induced by force, fraud, or coercion, or in which the 
     person induced to perform such act was under the age of 18 
     years; or in which the trafficking included the recruitment, 
     harboring, transportation, provision, or obtaining of a 
     person for labor or services through the use of force, fraud, 
     or coercion for the purpose of subjection to involuntary 
     servitude, peonage, debt bondage, or slavery, and was unable 
     to apply for protection from persecution in 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. 3202. 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. 3203. CLARIFICATION OF ASYLUM ELIGIBILITY.

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

     SEC. 3204. EXCEPTIONS.

       Paragraph (2) of section 208(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1158(b)(2)) is amended to read as 
     follows:
       ``(2) Exceptions.--
       ``(A) 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 those phrases 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);

       ``(iv) the alien has been convicted of an offense arising 
     under paragraph (1)(A) or (2) of section 274(a), or under 
     section 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 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, 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 one 
     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 the 
     United States prior to the arrival of the alien 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)

[[Page S5863]]

     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 
     prior to 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.
       ``(B) Special rules.--
       ``(i) Particularly serious crime; serious nonpolitical 
     crime outside the united states.--

       ``(I) In general.--For purposes of subparagraph (A)(x), the 
     Attorney General or Secretary of Homeland Security, in their 
     discretion, 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 is 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 (as defined under this section) or an aggravated 
     felony (as defined under 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 (A)(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 (A)(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 (A)(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) Battery or extreme cruelty.--In making a 
     determination under subparagraph (A)(ix), the phrase `battery 
     or extreme cruelty' includes--

       ``(aa) any act or threatened act of violence, including any 
     forceful detention, which results or threatens to result in 
     physical or mental injury;
       ``(bb) psychological or sexual abuse or exploitation, 
     including rape, molestation, incest, or forced prostitution, 
     shall be considered acts of violence; and
       ``(cc) 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.

       ``(IV) Exception for victims of domestic violence.--An 
     alien who was convicted of an offense described in clause 
     (viii) or (ix) of subparagraph (A) is not ineligible for 
     asylum on that basis if the alien satisfies the criteria 
     under section 237(a)(7)(A).

       ``(C) 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.
       ``(D) Definitions and clarifications.--
       ``(i) Definitions.--For purposes of this paragraph:

       ``(I) Felony.--The term `felony' means--

       ``(aa) any crime defined as a felony by the relevant 
     jurisdiction (Federal, State, tribal, or local) of 
     conviction; or
       ``(bb) any crime punishable by more than one year of 
     imprisonment.

       ``(II) Misdemeanor.--The term `misdemeanor' means--

       ``(aa) any crime defined as a misdemeanor by the relevant 
     jurisdiction (Federal, State, tribal, or local) of 
     conviction; or
       ``(bb) any crime not punishable by more than one year of 
     imprisonment.
       ``(ii) 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.--

       ``(aa) 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.
       ``(bb) Ameliorating immigration consequences.--For purposes 
     of item (aa)(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 one year 
     after the date of the original order of conviction or 
     sentencing, whichever is later.
       ``(cc) 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 effect under this paragraph, but 
     may consider such additional information as the immigration 
     judge determines appropriate.
       ``(E) 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).
       ``(F) No judicial review.--There shall be no judicial 
     review of a determination of the Secretary of Homeland 
     Security or the Attorney General under subparagraph 
     (A)(xiii).''.

     SEC. 3205. EMPLOYMENT AUTHORIZATION.

       Paragraph (2) of section 208(d) of the Immigration and 
     Nationality Act (8 U.S.C. 1158(d)) 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 prior to the date that is 180 days 
     after the date of filing of the application for asylum.
       ``(B) Termination.--Each grant of employment authorization 
     under subparagraph (A), and any renewal or extension thereof, 
     shall be valid for a period of 6 months, except that such 
     authorization, renewal, or extension shall terminate prior to 
     the end of such 6 month period as follows:
       ``(i) Immediately following the denial of an asylum 
     application by an asylum officer, unless the case is referred 
     to an immigration judge.
       ``(ii) 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.
       ``(iii) Immediately following the denial by the Board of 
     Immigration Appeals of 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 
     subparagraph (B)(i), (ii), or (iii), 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.''.

[[Page S5864]]

  


     SEC. 3206. ASYLUM FEES.

       Paragraph (3) of section 208(d) of the Immigration and 
     Nationality Act (8 U.S.C. 1158(d)) is amended to read as 
     follows:
       ``(3) Fees.--
       ``(A) Application fee.--A fee of not less than $50 for each 
     application for asylum shall be imposed. Such fee shall not 
     exceed the cost of adjudicating the application. Such fee 
     shall not apply to an unaccompanied alien child who files an 
     asylum application in proceedings under section 240.
       ``(B) Employment authorization.--A fee may also be imposed 
     for the consideration of an application for employment 
     authorization under this section and for adjustment of status 
     under section 209(b). Such a fee shall not exceed the cost of 
     adjudicating the application.
       ``(C) Payment.--Fees under this paragraph may be assessed 
     and paid over a period of time or by installments.
       ``(D) Rule of construction.--Nothing in this paragraph 
     shall be construed to limit the authority of the Attorney 
     General or Secretary of Homeland Security to set adjudication 
     and naturalization fees in accordance with section 286(m).''.

     SEC. 3207. RULES FOR DETERMINING ASYLUM ELIGIBILITY.

       Section 208 of the Immigration and Nationality Act (8 
     U.S.C. 1158) is amended by adding at the end the following:
       ``(f) Rules for Determining Asylum Eligibility.--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 following shall apply:
       ``(1) Particular social group.--The Secretary of Homeland 
     Security or the Attorney General shall 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.
       ``(2) 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 thereof.
       ``(3) 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.
       ``(4) 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 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 Secretary of Homeland Security shall not favorably 
     exercise discretion under this section for any alien who--
       ``(i) has accrued more than one year of unlawful presence 
     in the United States, as defined in sections 212(a)(9)(B)(ii) 
     and (iii), prior to 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, has--

       ``(I) 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) failed to satisfy any outstanding Federal, State, or 
     local tax obligations; or
       ``(III) 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 two 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 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.--If one or more of the adverse 
     discretionary factors set forth in subparagraph (B) are 
     present, the Attorney General or the Secretary, may, 
     notwithstanding such subparagraph (B), 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.
       ``(5) Limitation.--If the Secretary or the Attorney General 
     determines that an alien fails to satisfy the requirement 
     under paragraph (1), the alien may not be granted asylum 
     based on membership in a particular social group, and may not 
     appeal the determination of the Secretary or Attorney 
     General, as applicable. 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 complies with the 
     procedural requirements for such a motion and demonstrates 
     that counsel's failure to define, or provide a basis for 
     defining, a formulation of a particular social group was both 
     not a strategic choice and constituted egregious conduct.
       ``(6) 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.
       ``(7) Definitions.--In this section:
       ``(A) 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) 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.
       ``(C) The term `persecution' 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. Such term 
     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) non-severe economic harm or property damage.''.

     SEC. 3208. FIRM RESETTLEMENT.

       Section 208 of the Immigration and Nationality Act (8 
     U.S.C. 1158), as amended by this subtitle, is further amended 
     by adding at the end the following:
       ``(g) Firm Resettlement.--In determining whether an alien 
     was firmly resettled in another country prior to arriving in 
     the United States under subsection (b)(2)(A)(xiv), the 
     following shall apply:
       ``(1) In general.--An 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 resided in a country through which the 
     alien transited prior to arriving in or entering the United 
     States and--
       ``(i) received or was eligible for any permanent legal 
     immigration status in that country;
       ``(ii) resided in such a country with any non-permanent but 
     indefinitely renewable legal immigration status (including 
     asylee, refugee, or similar status, but excluding status of a 
     tourist); or

[[Page S5865]]

       ``(iii) resided in such a country and could have applied 
     for and obtained an immigration status described in clause 
     (ii);
       ``(B) the alien physically resided voluntarily, and without 
     continuing to suffer persecution or torture, in any one 
     country for one year or more after departing his country of 
     nationality or last habitual residence and prior to arrival 
     in or entry 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 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 the alien was present in that 
     country after departing his country of nationality or last 
     habitual residence and prior to arrival in or entry into the 
     United States.
       ``(2) Burden of proof.--If an immigration judge determines 
     that an alien has firmly resettled in another country under 
     paragraph (1), 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 
     the alien's parent was firmly resettled in another country, 
     the parent's resettlement occurred before the alien turned 18 
     years of age, and 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 non-permanent but indefinitely 
     renewable legal immigration status (including asylum, 
     refugee, or similar status, but excluding status of a 
     tourist) from the alien's parent.''.

     SEC. 3209. NOTICE CONCERNING FRIVOLOUS ASYLUM APPLICATIONS.

       (a) In General.--Section 208(d)(4) of the Immigration and 
     Nationality Act (8 U.S.C. 1158(d)(4)) is amended--
       (1) in the matter preceding subparagraph (A), by inserting 
     ``the Secretary of Homeland Security or'' before ``the 
     Attorney General'';
       (2) in subparagraph (A), by striking ``and of the 
     consequences, under paragraph (6), of knowingly filing a 
     frivolous application for asylum; and'' and inserting a 
     semicolon;
       (3) in subparagraph (B), by striking the period and 
     inserting ``; and''; and
       (4) by adding at the end the following:
       ``(C) ensure that a written warning appears on the asylum 
     application advising the alien of the consequences of filing 
     a frivolous application and serving as notice to the alien of 
     the consequence of filing a frivolous application.''.
       (b) Conforming Amendment.--Section 208(d)(6) of the 
     Immigration and Nationality Act (8 U.S.C. 1158(d)(6)) is 
     amended by striking ``If the'' and all that follows and 
     inserting:
       ``(A) 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 under paragraph (4)(C), the alien shall 
     be permanently ineligible for any benefits under this 
     chapter, effective as the date of the final determination of 
     such an application.
       ``(B) Criteria.--An application is frivolous if the 
     Secretary of Homeland Security or the Attorney General 
     determines, consistent with subparagraph (C), that--
       ``(i) it is so insufficient in substance that it is clear 
     that the applicant knowingly filed the application solely or 
     in part to delay removal from the United States, to seek 
     employment authorization as an applicant for asylum pursuant 
     to regulations issued pursuant to paragraph (2), or to seek 
     issuance of a Notice to Appear in order to pursue 
     Cancellation of Removal under section 240A(b); or
       ``(ii) any of the material elements are knowingly 
     fabricated.
       ``(C) Sufficient opportunity to clarify.--In determining 
     that an application is frivolous, the Secretary or the 
     Attorney General, must be satisfied that the applicant, 
     during the course of the proceedings, has had sufficient 
     opportunity to clarify any discrepancies or implausible 
     aspects of the claim.
       ``(D) 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 
     pursuant to the Convention Against Torture.''.

     SEC. 3210. TECHNICAL AMENDMENTS.

       Section 208 of the Immigration and Nationality Act (8 
     U.S.C. 1158) is amended--
       (1) in subsection (a)--
       (A) in paragraph (2)(D), by inserting ``Secretary of 
     Homeland Security or the'' before ``Attorney General''; and
       (B) in paragraph (3), by inserting ``Secretary of Homeland 
     Security or the'' before ``Attorney General'';
       (2) in subsection (c)--
       (A) in paragraph (1), by striking ``Attorney General'' each 
     place such term appears and inserting ``Secretary of Homeland 
     Security'';
       (B) in paragraph (2), in the matter preceding subparagraph 
     (A), by inserting ``Secretary of Homeland Security or the'' 
     before ``Attorney General''; and
       (C) in paragraph (3), by inserting ``Secretary of Homeland 
     Security or the'' before ``Attorney General''; and
       (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), 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. 3211. 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 Described.--Subsection (a) shall apply only to an 
     asylum application filed by an alien who is a national of a 
     Western Hemisphere country subject to sanctions pursuant to--
       (1) the Cuban Liberty and Democratic Solidarity (LIBERTAD) 
     Act of 1996 (22 U.S.C. 6021 note);
       (2) the Reinforcing Nicaragua's Adherence to Conditions for 
     Electoral Reform Act of 2021 or the RENACER Act (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.

            Subtitle B--Border Safety and Migrant Protection

     SEC. 3221. 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)'' inserting ``subparagraph (A) or (C) of section 
     212(a)(6)''; and
       (II) by adding at the end the following:

       ``(iv) Ineligibility for parole.--An alien described in 
     clause (i) or (ii) shall not be eligible for parole except as 
     expressly authorized pursuant to section 212(d)(5), or for 
     parole or release pursuant to section 236(a).''; and
       (ii) in subparagraph (B)--

       (I) in clause (ii), by striking ``asylum.'' and inserting 
     ``asylum and shall not be released (including pursuant to 
     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 as described in 
     paragraph (3).''; and
       (II) in clause (iii)(IV)--

       (aa) in the header by striking ``detention'' and inserting 
     ``detention, return, or removal''; and
       (bb) by adding at the end the following: ``The alien shall 
     not be released (including pursuant to 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 as described in 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 shall 
     not be released (including pursuant to 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 as described in 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 to a foreign territory contiguous to the United States 
     any alien arriving on land from that territory (whether or 
     not at a designated port of entry) pending a proceeding under 
     section 240 or review of a determination under subsection 
     (b)(1)(B)(iii)(III).
       ``(B) Mandatory return.--If at any time the Secretary of 
     Homeland Security cannot--
       ``(i) comply with its obligations to detain an alien as 
     required under 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 to a foreign territory contiguous 
     to the United States any alien arriving on land from that 
     territory (whether or not at a designated port of entry) 
     pending a proceeding under section 240 or review of a 
     determination under subsection (b)(1)(B)(iii)(III).
       ``(4) Enforcement by state attorneys general.--The attorney 
     general of a State,

[[Page S5866]]

     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 
     his discretion, that the prohibition of the introduction of 
     aliens who are inadmissible under subparagraph (A) or (C) of 
     section 212(a)(6) or under section 212(a)(7) 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 of time as the Secretary determines is 
     necessary for such purpose.''.

     SEC. 3222. OPERATIONAL DETENTION FACILITIES.

       (a) In General.--Not later than September 30, 2023, the 
     Secretary of Homeland Security 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, that subsequently closed or with respect to 
     which the use was altered, reduced, or discontinued after 
     January 20, 2021. In carrying out the requirement under this 
     subsection, the Secretary may use the authority under section 
     103(a)(11) of the Immigration and Nationality Act (8 U.S.C. 
     1103(a)(11)).
       (b) Specific Facilities.--The requirement under subsection 
     (a) shall include at a minimum, reopening, or restoring, the 
     following facilities:
       (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.
       (5) South Texas Family Residential Center.
       (c) Exception.--
       (1) In general.--Except as provided in paragraphs (2) and 
     (3), the Secretary of Homeland Security is authorized to 
     obtain equivalent capacity for detention facilities at 
     locations other than those listed in subsection (b).
       (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.
       (d) 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 on--
       (1) compliance with the deadline under subsection (a);
       (2) the increase in detention capabilities required by this 
     section--
       (A) for the 90 day period immediately preceding the date 
     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 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 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 such report is submitted;
       (4) the number of aliens released due to a lack of 
     available detention beds; and
       (5) the resources the Department of Homeland Security needs 
     in order to comply with the requirements under this section.
       (e) Notification.--The Secretary of Homeland Security shall 
     notify Congress, and include with such notification 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.
       (f) Appropriate Congressional Committees.--In this section, 
     the term ``appropriate congressional committees'' means--
       (1) the Committee on the Judiciary of the House of 
     Representatives;
       (2) the Committee on Appropriations of the House of 
     Representatives;
       (3) the Committee on the Judiciary of the Senate; and
       (4) the Committee on Appropriations of the Senate.

  Subtitle C--Preventing Uncontrolled Migration Flows in the Western 
                               Hemisphere

     SEC. 3231. UNITED STATES POLICY REGARDING WESTERN HEMISPHERE 
                   COOPERATION ON IMMIGRATION AND ASYLUM.

       It is the policy of the United States to enter into 
     agreements, accords, and memoranda of understanding with 
     countries in the Western Hemisphere, the purposes of which 
     are to advance the interests of the United States by reducing 
     costs associated with illegal immigration and to protect the 
     human capital, societal traditions, and economic growth of 
     other countries in the Western Hemisphere. It is further the 
     policy of the United States 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. 3232. NEGOTIATIONS BY SECRETARY OF STATE.

       (a) Authorization To Negotiate.--The Secretary of State 
     shall seek to negotiate agreements, accords, and memoranda of 
     understanding between the United States, Mexico, Honduras, El 
     Salvador, Guatemala, and other countries in the Western 
     Hemisphere with respect to cooperation and burden sharing 
     required for effective regional immigration enforcement, 
     expediting legal claims by aliens for asylum, and the 
     processing, detention, and repatriation of foreign nationals 
     seeking to enter the United States unlawfully. Such 
     agreements shall be designed to facilitate a regional 
     approach to immigration enforcement and shall, at a minimum, 
     provide that--
       (1) the Government of Mexico authorize and accept the rapid 
     entrance into Mexico of nationals of countries other than 
     Mexico who seek asylum in Mexico, and process the asylum 
     claims of such nationals inside Mexico, in accordance with 
     both domestic law and international treaties and conventions 
     governing the processing of asylum claims;
       (2) the Government of Mexico authorize and accept both 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 the continued presence of such 
     nationals in Mexico while they wait for the adjudication of 
     their asylum claims to conclude in the United States;
       (3) the Government of Mexico commit to provide the 
     individuals described in paragraphs (1) and (2) with 
     appropriate humanitarian protections;
       (4) the Government of Honduras, the Government of El 
     Salvador, and the Government of Guatemala each authorize and 
     accept the entrance into the respective countries of 
     nationals of other countries seeking asylum in the applicable 
     such country and process such claims in accordance with 
     applicable domestic law and international treaties and 
     conventions governing the processing of asylum claims;
       (5) the Government of the United States commit to work to 
     accelerate the adjudication of asylum claims and to conclude 
     removal proceedings in the wake of asylum adjudications as 
     expeditiously as possible;
       (6) the Government of the United States commit to continue 
     to assist the governments of countries in the Western 
     Hemisphere, such as the Government of Honduras, the 
     Government of El Salvador, and the Government of Guatemala, 
     by supporting the enhancement of asylum capacity in those 
     countries; and
       (7) the Government of the United States commit to 
     monitoring developments in hemispheric immigration trends and 
     regional asylum capabilities to determine whether additional 
     asylum cooperation agreements are warranted.
       (b) Notification in Accordance With Case-Zablocki Act.--The 
     Secretary of State shall, in accordance with section 112b of 
     title 1, United States Code, promptly inform the relevant 
     congressional committees of each agreement entered into 
     pursuant to subsection (a). Such notifications shall be 
     submitted not later than 48 hours after such agreements are 
     signed.
       (c) Alien Defined.--In this section, the term ``alien'' has 
     the meaning given such term in section 101 of the Immigration 
     and Nationality Act (8 U.S.C. 1101).

     SEC. 3233. MANDATORY BRIEFINGS ON UNITED STATES EFFORTS TO 
                   ADDRESS THE BORDER CRISIS.

       (a) 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 (b), the Secretary of State, or the designee of 
     the Secretary of State, shall provide to the appropriate 
     congressional committees an in-person briefing on efforts 
     undertaken pursuant to the negotiation authority provided by 
     section 3232 to monitor, deter, and prevent illegal 
     immigration to the United States, including by entering into 
     agreements, accords, and memoranda of understanding with 
     foreign countries and by using United States foreign 
     assistance to stem the root causes of migration in the 
     Western Hemisphere.
       (b) Termination of Mandatory Briefing.--The date described 
     in this subsection is the date on which the Secretary of 
     State, in

[[Page S5867]]

     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.
       (c) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means the Committee on Foreign Affairs of the House of 
     Representatives and the Committee on Foreign Relations of the 
     Senate.

           Subtitle D--Ensuring United Families at the Border

     SEC. 3241. CLARIFICATION OF STANDARDS FOR FAMILY DETENTION.

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

                   Subtitle E--Protection of Children

     SEC. 3251. FINDINGS.

       Congress makes the following findings:
       (1) Implementation of the provisions of the Trafficking 
     Victims Protection Reauthorization Act of 2008 that govern 
     unaccompanied alien children has incentivized multiple surges 
     of unaccompanied alien children arriving at the southwest 
     border in the years since the bill's enactment.
       (2) The provisions of the Trafficking Victims Protection 
     Reauthorization Act of 2008 that govern unaccompanied alien 
     children 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, but 
     allowing for the release of unaccompanied alien children from 
     noncontiguous countries into the interior of the United 
     States, often to those individuals who paid to smuggle them 
     into the country in the first place.
       (3) The provisions of the Trafficking Victims Protection 
     Reauthorization Act of 2008 governing unaccompanied alien 
     children have enriched the cartels, who profit hundreds of 
     millions of dollars each year by smuggling unaccompanied 
     alien children to the southwest border, exploiting and 
     sexually abusing many such unaccompanied alien children on 
     the perilous journey.
       (4) Prior to 2008, the number of unaccompanied alien 
     children encountered at the southwest border never exceeded 
     1,000 in a single year.
       (5) The United States is currently in the midst of the 
     worst crisis of unaccompanied alien children in our nation's 
     history, with over 350,000 such unaccompanied alien children 
     encountered at the southwest border since Joe Biden became 
     President.
       (6) In 2022, during the Biden Administration, 152,057 
     unaccompanied alien children were encountered, the most ever 
     in a single year and an over 400 percent increase compared to 
     the last full fiscal year of the Trump Administration in 
     which 33,239 unaccompanied alien children were encountered.
       (7) The Biden Administration has lost contact with at least 
     85,000 unaccompanied alien children who entered the United 
     States since Joe Biden took office.
       (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 recent New York Times investigation found that 
     unaccompanied alien children are being exploited in the labor 
     market and ``are ending up in some of the most punishing jobs 
     in the country.''.
       (10) The Times investigation found unaccompanied alien 
     children, ``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,'' feared ``that they had become trapped in 
     circumstances they never could have imagined.''.
       (11) The Biden Administration's Department of Health and 
     Human Services Secretary Xavier Becerra compared placing 
     unaccompanied alien children with sponsors, to widgets in an 
     assembly line, 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.''.
       (12) 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.''.
       (13) Despite this, Secretary Xavier Becerra pressured then-
     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 then-Director Huang resigned one month later.
       (14) In June 2014, the Obama-Biden Administration requested 
     legal authority to exercise discretion in returning and 
     removing unaccompanied alien children from non-contiguous 
     countries back to their home countries.
       (15) In August 2014, the House of Representatives passed 
     H.R. 5320, which included the Protection of Children Act.
       (16) This subtitle ends the disparate policies of the 
     Trafficking Victims Protection Reauthorization Act of 2008 by 
     ensuring the swift return of all unaccompanied alien children 
     to their country of origin if they are not victims of 
     trafficking and do not have a fear of return.

     SEC. 3252. REPATRIATION OF UNACCOMPANIED ALIEN CHILDREN.

       (a) In General.--Section 235 of the William Wilberforce 
     Trafficking Victims Protection Reauthorization Act of 2008 (8 
     U.S.C. 1232) is amended--
       (1) in subsection (a)--
       (A) in paragraph (2)--
       (i) by amending the heading to read as follows: ``Rules for 
     unaccompanied alien children.--'';
       (ii) in subparagraph (A)--

       (I) in the matter preceding clause (i), by striking ``who 
     is a national or habitual resident of a country that is 
     contiguous with the United States'';
       (II) in clause (i), by inserting ``and'' at the end;
       (III) in clause (ii), by striking ``; and'' and inserting a 
     period; and
       (IV) by striking clause (iii); 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 before ``permit such child 
     to withdraw'' the following: ``may''; and
       (III) in clause (ii), by inserting before ``return such 
     child'' the following: ``shall''; 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 listed in 
     paragraph (2)(A)''; and
       (ii) in clause (i), by inserting before the semicolon at 
     the end the following: ``, which shall include a hearing 
     before an immigration judge not later than 14 days after 
     being screened under paragraph (4)'';
       (2) in subsection (b)--
       (A) in paragraph (2)--
       (i) in subparagraph (A), by inserting before the semicolon 
     the following: ``believed not to meet the criteria listed in 
     subsection (a)(2)(A)''; and
       (ii) in subparagraph (B), by inserting before the period 
     the following: ``and does not meet the criteria listed in 
     subsection (a)(2)(A)''; and
       (B) in paragraph (3), by striking ``an unaccompanied alien 
     child in custody shall'' and all that follows, and inserting 
     the following: ``an unaccompanied alien child in custody--
       ``(A) in the case of a child who does not meet the criteria 
     listed in subsection (a)(2)(A), shall transfer the custody of 
     such child to the Secretary of Health and Human Services not 
     later than 30 days after determining that such child is an 
     unaccompanied alien child who does not meet such criteria; or
       ``(B) in the case of a child who meets the criteria listed 
     in subsection (a)(2)(A), may transfer the custody of such 
     child to the Secretary of Health and Human Services after 
     determining that such child is an unaccompanied alien child 
     who meets such criteria.''; and
       (3) in subsection (c)--
       (A) in paragraph (3), by inserting at the end the 
     following:

[[Page S5868]]

       ``(D) Information about individuals with whom children are 
     placed.--
       ``(i) Information to be provided to homeland security.--
     Before placing a child with an individual, the Secretary of 
     Health and Human Services shall provide to the Secretary of 
     Homeland Security, regarding the individual with whom the 
     child will be placed, information on--

       ``(I) the name of the individual;
       ``(II) the social security number of the individual;
       ``(III) the date of birth of the individual;
       ``(IV) the location of the individual's residence where the 
     child will be placed;
       ``(V) the immigration status of the individual, if known; 
     and
       ``(VI) contact information for the individual.

       ``(ii) Activities of the 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 after ``to the greatest extent 
     practicable'' the following: ``(at no expense to the 
     Government)''; and
       (ii) by striking ``have counsel to represent them'' and 
     inserting ``have access to counsel to represent them''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to any unaccompanied alien child (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. 3253. 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 inserting ``and'' after the 
     semicolon; 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 one parent or legal guardian is not precluded by 
     abuse, neglect, abandonment, or any similar cause under State 
     law;''.

     SEC. 3254. RULE OF CONSTRUCTION.

       Nothing in this subtitle shall be construed to limit the 
     following 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) Screening of such a child for a credible fear of return 
     to his or her country of origin.
       (2) Screening of such a child to determine whether he or 
     she was a victim of trafficking.
       (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 under 12 years of 
     age.

                  Subtitle F--Visa Overstays Penalties

     SEC. 3261. 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 after ``for a subsequent 
     commission of any such offense'' the following: ``or if the 
     alien was previously convicted of an offense under subsection 
     (e)(2)(A)'';
       (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 after ``in the case of 
     an alien who has been previously subject to a civil penalty 
     under this subsection'' the following: ``or subsection 
     (e)(2)(B)''; and
       (3) by adding at the end the following:
       ``(e) Visa Overstays.--
       ``(1) In general.--An alien who was admitted as a 
     nonimmigrant has violated this paragraph if the alien, for an 
     aggregate of 10 days or more, has failed--
       ``(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 has violated paragraph (1)--
       ``(A) shall--
       ``(i) for the first commission of such a violation, be 
     fined under title 18, United States Code, or 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, or imprisoned 
     not more than 2 years, or both; and
       ``(B) in addition to, and not in lieu of, any penalty under 
     subparagraph (A) and any other criminal or civil penalties 
     that may be imposed, shall be subject to a civil penalty of--
       ``(i) not less than $500 and not more than $1,000 for each 
     violation; or
       ``(ii) twice the amount specified in clause (i), in the 
     case of an alien who has been previously subject to a civil 
     penalty under this subparagraph or subsection (b).''.

                 Subtitle G--Immigration Parole Reform

     SEC. 3271. 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) Except as provided in subparagraphs (B) and (C) 
     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 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. Parole granted under this subparagraph may not be 
     regarded as an admission of the alien. When the purposes of 
     such parole have been served in the opinion of the Secretary, 
     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.
       ``(B) 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.
       ``(C) 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.
       ``(D) The Secretary of Homeland Security may grant parole 
     to an alien who is returned to a contiguous country under 
     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 
     calendar 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.
       ``(E) For purposes of 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--
       ``(i)(I) the alien has a medical emergency; and
       ``(II)(aa) the alien 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) the alien is the parent or legal guardian of an 
     alien described in clause (i) and the alien described in 
     clause (i) is a minor;
       ``(iii) the alien 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) the alien 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) the alien 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) the alien 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) the alien is a lawful applicant for adjustment of 
     status under section 245 and is returning to the United 
     States after temporary travel abroad.

[[Page S5869]]

       ``(F) For purposes of 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) For purposes of 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 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 (B), (C), (D), (E), and (F).
       ``(I) An alien granted parole may not accept employment, 
     except that an alien granted parole pursuant to subparagraph 
     (B) or (C) 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.
       ``(J) 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.
       ``(K)(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 (D), (E), or (F) 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.
       ``(L) 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. 3272. IMPLEMENTATION.

       (a) In General.--Except as provided in subsection (b), this 
     subtitle and the amendments made by this subtitle shall take 
     effect on the date that is 30 days after the date of the 
     enactment of this Act.
       (b) Exceptions.--Notwithstanding subsection (a), each of 
     the following exceptions apply:
       (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 and any approved 
     advance parole shall remain valid under the law that was in 
     effect on the date on which the advance parole was approved.
       (2) Section 212(d)(5)(J) of the Immigration and Nationality 
     Act, as added by section 3271, shall take effect on the date 
     of the enactment of this Act.
       (3) 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. 3273. 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 
     subtitle or the amendments made by this subtitle 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. 3274. SEVERABILITY.

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

                      Subtitle H--Legal Workforce

     SEC. 3281. 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) are, in the case of a person or other entity 
     hiring, recruiting, or referring an individual for employment 
     in the United States, the following:
       ``(A) Attestation after examination of documentation.--
       ``(i) Attestation.--During the verification period (as 
     defined in subparagraph (E)), the person or entity shall 
     attest, under penalty of perjury and on a form, including 
     electronic format, designated or established by the Secretary 
     by regulation not later than 6 months after the date of the 
     enactment of subtitle H of title II 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 of Homeland Security 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 
     subparagraph 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 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 as long as the period of status has not 
     yet expired and the proposed employment is not in conflict 
     with any restrictions or limitations identified in the 
     documentation;
       ``(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 as designated by 
     the Secretary, indicating nonimmigrant admission under the 
     Compact of Free Association Between the United States and the 
     FSM or RMI; or
       ``(VI) other document designated by the Secretary of 
     Homeland Security, if the document--

       ``(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 of Homeland Security finds, by 
     regulation, 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 subparagraph 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 subparagraph is--

       ``(I) an individual's unexpired State issued driver's 
     license or identification card if it contains a photograph 
     and information 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 under 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 finds, by regulation, that 
     any document described in clause (i), (ii), or (iii) as

[[Page S5870]]

     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 paragraph.
       ``(vi) Signature.--Such attestation may be manifested by 
     either a handwritten or electronic signature.
       ``(B) Individual attestation of employment authorization.--
     During the verification period (as defined in subparagraph 
     (E)), the individual shall attest, under penalty of perjury 
     on the form designated or established for purposes of 
     subparagraph (A), that the individual is a citizen or 
     national of the United States, an alien lawfully admitted for 
     permanent residence, or an alien who is authorized under this 
     Act or by the Secretary of Homeland Security to be hired, 
     recruited, or referred for such employment. Such attestation 
     may be manifested by either a handwritten or electronic 
     signature. The individual shall also provide that 
     individual's social security account number or United States 
     passport number (if the individual claims to have been issued 
     such a number), and, 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.
       ``(C) Retention of verification form and verification.--
       ``(i) In general.--After completion of such form 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, 3 years after the date of the recruiting or 
     referral; and
       ``(bb) in the case of the hiring of an individual, the 
     later of 3 years after the date the verification is completed 
     or one year after the date the individual's employment is 
     terminated; and

       ``(II) during the verification period (as defined in 
     subparagraph (E)), make an inquiry, as provided in 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 time 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.--If the person 
     or other entity receives a tentative nonconfirmation of an 
     individual's identity or work eligibility under the 
     verification system within the time period specified, the 
     person or entity shall so inform the individual for whom the 
     verification is sought. If the individual does not contest 
     the nonconfirmation within the time period specified, the 
     nonconfirmation shall be considered final. The person or 
     entity shall then record on the form an appropriate code 
     which has been provided under the system to indicate a final 
     nonconfirmation. If the individual does contest the 
     nonconfirmation, the individual shall utilize the process for 
     secondary verification provided under subsection (d). The 
     nonconfirmation will remain tentative until a final 
     confirmation or nonconfirmation is provided by the 
     verification system within the time period specified. In no 
     case shall an employer terminate 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 clause shall 
     apply to a termination of employment for any reason other 
     than because of such a failure. In no case shall an employer 
     rescind the 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 time period 
     specified 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 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 that 
     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), the 
     provisions of this paragraph shall apply to a person or other 
     entity hiring an individual for employment in the United 
     States as follows:

       ``(I) With respect to employers having 10,000 or more 
     employees in the United States on the date of the enactment 
     of subtitle H of title II of the Secure the Border Act of 
     2023, on the date that is 6 months after such date of 
     enactment.
       ``(II) With respect to employers having 500 or more 
     employees in the United States, but less than 10,000 
     employees in the United States, on the date of the enactment 
     of subtitle H of title II of the Secure the Border Act of 
     2023, on the date that is 12 months after such date of 
     enactment.
       ``(III) With respect to employers having 20 or more 
     employees in the United States, but less than 500 employees 
     in the United States, on the date of the enactment of 
     subtitle H of title II of the Secure the Border Act of 2023, 
     on the date that is 18 months after such date of enactment.
       ``(IV) With respect to employers having one or more 
     employees in the United States, but less than 20 employees in 
     the United States, on the date of the enactment of subtitle H 
     of title II of the Secure the Border Act of 2023, on the date 
     that is 24 months after such date of enactment.

       ``(ii) Recruiting and referring.--Except as provided in 
     clause (iii), the provisions of this paragraph shall apply to 
     a person or other entity recruiting or referring an 
     individual for employment in the United States on the date 
     that is 12 months after the date of the enactment of subtitle 
     H of title II of the Secure the Border Act of 2023.
       ``(iii) Agricultural labor or services.--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 36 months after the date 
     of the enactment of subtitle H of title II of the Secure the 
     Border Act of 2023. For purposes of the preceding sentence, 
     the term `agricultural labor or services' has the meaning 
     given such term by the Secretary of Agriculture in 
     regulations and includes agricultural labor as defined in 
     section 3121(g) of the Internal Revenue Code of 1986, 
     agriculture as defined in section 3(f) of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 203(f)), the handling, 
     planting, drying, packing, packaging, processing, freezing, 
     or grading prior to delivery for storage of any agricultural 
     or horticultural commodity in its unmanufactured state, all 
     activities required for the preparation, processing or 
     manufacturing of a product of agriculture (as such term is 
     defined in such section 3(f)) for further distribution, and 
     activities similar to all the foregoing as they relate to 
     fish or shellfish facilities. An employee described in this 
     clause shall not be counted for purposes of clause (i).
       ``(iv) Extensions.--

       ``(I) On request.--Upon request by an employer having 50 or 
     fewer employees, the Secretary shall allow a one-time 6-month 
     extension of the effective date set out in this subparagraph 
     applicable to such employer. Such request shall be made to 
     the Secretary and shall be made prior to such effective date.
       ``(II) Following report.--If the study under section 3284 
     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 set out in clause 
     (iii) on a one-time basis for 12 months.

       ``(v) Transition rule.--Subject to paragraph (4), the 
     following shall apply to 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):

       ``(I) This subsection, as in effect before the enactment of 
     subtitle H of title II 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 in 
     section 3287(c) of subtitle H of title II of the Secure the 
     Border Act of 2023.

[[Page S5871]]

       ``(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 in section 
     3287(c) of the Secure the Border Act of 2023, including 
     Executive Order 13465 (8 U.S.C. 1324a note; relating to 
     Government procurement).

       ``(E) Verification period defined.--
       ``(i) In general.--For purposes of this paragraph:

       ``(I) In the case of recruitment or referral, the term 
     `verification period' means the period ending on the date 
     recruiting or referring commences.
       ``(II) In the case of hiring, the term `verification 
     period' means the period beginning on the date on which an 
     offer of employment is extended and ending on the date that 
     is three business days after the date of hire, except as 
     provided in clause (iii). The offer of employment may be 
     conditioned in accordance with clause (ii).

       ``(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.
       ``(iii) Special rule.--Notwithstanding clause (i)(II), in 
     the case of an alien who is authorized for employment and who 
     provides evidence from the Social Security Administration 
     that the alien has applied for a social security account 
     number, the verification period ends three business days 
     after the alien receives the social security account number.
       ``(2) Reverification for individuals with limited work 
     authorization.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     a person or entity shall make an inquiry, as provided in 
     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 three business 
     days after the date on which the employee's work 
     authorization expires as follows:
       ``(i) With respect to employers having 10,000 or more 
     employees in the United States on the date of the enactment 
     of subtitle H of title II of the Secure the Border Act of 
     2023, beginning on the date that is 6 months after such date 
     of enactment.
       ``(ii) With respect to employers having 500 or more 
     employees in the United States, but less than 10,000 
     employees in the United States, on the date of the enactment 
     of subtitle H of title II of the Secure the Border Act of 
     2023, beginning on the date that is 12 months after such date 
     of enactment.
       ``(iii) With respect to employers having 20 or more 
     employees in the United States, but less than 500 employees 
     in the United States, on the date of the enactment of 
     subtitle H of title II of the Secure the Border Act of 2023, 
     beginning on the date that is 18 months after such date of 
     enactment.
       ``(iv) With respect to employers having one or more 
     employees in the United States, but less than 20 employees in 
     the United States, on the date of the enactment of subtitle H 
     of title II of the Secure the Border Act of 2023, beginning 
     on the date that is 24 months after such date of enactment.
       ``(B) Agricultural labor or services.--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 36 months after the date of 
     the enactment of subtitle H of title II of the Secure the 
     Border Act of 2023. For purposes of the preceding sentence, 
     the term `agricultural labor or services' has the meaning 
     given such term by the Secretary of Agriculture in 
     regulations and includes agricultural labor as defined in 
     section 3121(g) of the Internal Revenue Code of 1986, 
     agriculture as defined in section 3(f) of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 203(f)), the handling, 
     planting, drying, packing, packaging, processing, freezing, 
     or grading prior to delivery for storage of any agricultural 
     or horticultural commodity in its unmanufactured state, all 
     activities required for the preparation, processing, or 
     manufacturing of a product of agriculture (as such term is 
     defined in such section 3(f)) for further distribution, and 
     activities similar to all the foregoing as they relate to 
     fish or shellfish facilities. An employee described in this 
     subparagraph shall not be counted for purposes of 
     subparagraph (A).
       ``(C) 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 subtitle H of title II 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).
       ``(ii) Individuals described.--An individual described in 
     this clause is any of the following:

       ``(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).
       ``(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.--In the case of an employer 
     who is required by this subsection to use the verification 
     system described in subsection (d), or has elected 
     voluntarily to use such system, the employer shall make 
     inquiries to the system in accordance with the following:
       ``(i) The Commissioner of Social Security shall notify 
     annually employees (at the employee address listed on the 
     Wage and Tax Statement) who submit a social security account 
     number to which more than one 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 as well as sufficient 
     information notifying the employee of 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.
       ``(ii) 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 their knowledge, the Secretary and the Commissioner 
     shall lock the social security account number for employment 
     eligibility verification purposes and shall notify the 
     employers of the individuals who wrongfully submitted the 
     social security account number that the employee may not be 
     work eligible.
       ``(iii) Each employer receiving such notification of an 
     incorrect social security account number under clause (ii) 
     shall use the verification system described in subsection (d) 
     to check the work eligibility status of the applicable 
     employee within 10 business days of receipt of the 
     notification.
       ``(C) On a voluntary basis.--Subject to paragraph (2), and 
     subparagraphs (A) through (C) of this paragraph, beginning on 
     the date that is 30 days after the date of the enactment of 
     subtitle H of title II of the Secure the Border Act of 2023, 
     an employer may make an inquiry, as provided in subsection 
     (d), using the verification system to seek verification of 
     the identity and employment eligibility of any individual 
     employed by the employer. If an employer chooses voluntarily 
     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. 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 
     provided for in this Act.
       ``(D) Verification.--Paragraph (1)(C)(ii) shall apply to 
     verifications 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

[[Page S5872]]

     beginning on the date the verification commences and ending 
     on the date that is the later of 3 years after the date of 
     such verification or 1 year after the date the individual's 
     employment is terminated.
       ``(4) Early compliance.--
       ``(A) Former e-verify required users, including federal 
     contractors.--Notwithstanding the deadlines in paragraphs (1) 
     and (2), beginning on the date of the enactment of subtitle H 
     of title II of the Secure the Border Act of 2023, the 
     Secretary 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 of 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 in 
     paragraphs (1) and (2), beginning on the date of the 
     enactment of subtitle H of title II of the Secure the Border 
     Act of 2023, the Secretary shall provide for the voluntary 
     compliance with the requirements of this subsection by 
     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, as well as by 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 the copy, but only (except as 
     otherwise permitted under law) for the purpose of complying 
     with the requirements of 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 of this subsection notwithstanding a 
     technical or procedural failure to meet such requirement if 
     there was a good faith attempt to comply with the 
     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 calendar days (beginning after the date of 
     the explanation) within which to correct the failure; and
       ``(iv) the person or entity has not corrected the failure 
     voluntarily 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 subsection (a)(1)(A) or (a)(2).
       ``(8) Single extension of deadlines upon certification.--In 
     a case in which the Secretary of Homeland Security has 
     certified to the 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 subtitle H of title II of the Secure the 
     Border Act of 2023, each deadline established under this 
     section 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.--As used in this section, 
     the term `date of hire' means the date of actual commencement 
     of employment for wages or other remuneration, unless 
     otherwise specified.''.

     SEC. 3282. 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 a verification 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; and
       ``(B) maintains records of the inquiries that were made, of 
     verifications provided (or not provided), and of the codes 
     provided to inquirers as evidence of their compliance with 
     their obligations under this section.
       ``(2) Initial response.--The verification system shall 
     provide confirmation or a tentative nonconfirmation of an 
     individual's identity and employment eligibility within 3 
     working days of the initial inquiry. If providing 
     confirmation or tentative nonconfirmation, the verification 
     system shall provide an appropriate code indicating such 
     confirmation or such nonconfirmation.
       ``(3) Secondary confirmation process in case of tentative 
     nonconfirmation.--In cases of tentative nonconfirmation, the 
     Secretary shall specify, in consultation with the 
     Commissioner of Social Security, an available secondary 
     verification process to confirm the validity of information 
     provided and to provide a final confirmation or 
     nonconfirmation not later than 10 working days after the date 
     on which the notice of the tentative nonconfirmation is 
     received by the employee. The Secretary, in consultation with 
     the Commissioner, may extend this deadline once on a case-by-
     case basis for a period of 10 working days, and if the time 
     is extended, shall document such extension within the 
     verification system. The Secretary, in consultation with the 
     Commissioner, shall notify the employee and employer of such 
     extension. The Secretary, in consultation with the 
     Commissioner, shall create a standard process of such 
     extension and notification and shall make a description of 
     such process available to the public. When final confirmation 
     or nonconfirmation is provided, the verification system shall 
     provide an appropriate code indicating such confirmation or 
     nonconfirmation.
       ``(4) Design and operation of system.--The verification 
     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 the 
     following individuals:
       ``(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).
       ``(iii) Individuals seeking to confirm their own employment 
     eligibility on a voluntary basis.
       ``(5) Responsibilities of commissioner of social 
     security.--As part of the verification 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 
     verification system), shall establish a reliable, secure 
     method, which, within the time periods specified under 
     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) the information provided regarding 
     an individual whose identity and employment eligibility must 
     be confirmed, the correspondence of the name and number, and 
     whether the individual has presented a social security 
     account number that is not valid for employment. The 
     Commissioner shall not disclose or release social security 
     information (other than such confirmation or nonconfirmation) 
     under the verification system except as provided for in this 
     section or section 205(c)(2)(I) of the Social Security Act.
       ``(6) Responsibilities of secretary of homeland security.--
     As part of the verification system, the Secretary of Homeland 
     Security (in consultation with any designee of the Secretary 
     selected to establish and administer the verification 
     system), shall establish a reliable, secure method, which, 
     within the time periods specified under 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) the 
     information provided, the correspondence of the name and 
     number, whether the alien is authorized to be employed in the 
     United States, or 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.

[[Page S5873]]

       ``(7) Updating information.--The Commissioner of Social 
     Security and the Secretary of Homeland Security shall update 
     their information in a manner that promotes the maximum 
     accuracy and shall provide a process for the prompt 
     correction of erroneous information, including instances in 
     which it is brought to their attention in the secondary 
     verification process described in paragraph (3).
       ``(8) Limitation on use of the verification system and any 
     related systems.--
       ``(A) No national identification card.--Nothing in this 
     section shall 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 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 verification 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 
     verification mechanism, the individual may seek compensation 
     only through the mechanism of the Federal Tort Claims Act, 
     and injunctive relief to correct such error. No class action 
     may be brought under this paragraph.''.

     SEC. 3283. 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), by striking ``for a fee'';
       (2) in paragraph (1), 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 of subsection (b).''; and
       (3) in paragraph (2), by striking ``after hiring an alien 
     for employment in accordance with paragraph (1),'' and 
     inserting ``after complying with paragraph (1),''.
       (b) Definition.--Section 274A(h) of the Immigration and 
     Nationality Act (8 U.S.C. 1324a(h)), as amended by section 
     3281(b), is further amended by adding at the end the 
     following:
       ``(5) Definition of recruit or refer.--As used in this 
     section, the term `refer' 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. Only persons 
     or entities referring for remuneration (whether on a retainer 
     or contingency basis) are included in the definition, except 
     that union hiring halls that refer union members or nonunion 
     individuals who pay union membership dues are included in the 
     definition whether or not they receive remuneration, as are 
     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. As used in this section, 
     the term `recruit' 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. Only persons or entities 
     referring for remuneration (whether on a retainer or 
     contingency basis) are included in the definition, except 
     that union hiring halls that refer union members or nonunion 
     individuals who pay union membership dues are included in 
     this definition whether or not they receive remuneration, as 
     are 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.''.
       (c) Effective Date.--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, except that the amendments made 
     by subsection (a) shall take effect 6 months after the date 
     of the enactment of this Act insofar as such amendments 
     relate to continuation of employment.

     SEC. 3284. 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 person or entity that 
     hires, employs, recruits, or refers (as defined in subsection 
     (h)(5)), or is otherwise obligated to comply with this 
     section) who establishes that it has complied in good faith 
     with the requirements of 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 system established under subsection (d); 
     and
       ``(ii) has established compliance with its 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 uses 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 system 
     established under subsection (d).
       ``(C) Failure to seek and obtain verification.--Subject to 
     the effective dates and other deadlines applicable under 
     subsection (b), in the case of a person or entity in the 
     United States that hires, or continues to employ, an 
     individual, or recruits or refers an individual for 
     employment, the following requirements apply:
       ``(i) Failure to seek verification.--

       ``(I) In general.--If the person or entity has not made an 
     inquiry, under the mechanism established under 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 such a person or entity in good faith attempts 
     to make an inquiry in order to qualify for the defense under 
     subparagraph (A) and the verification mechanism has 
     registered 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 working day in which 
     the verification mechanism registers no nonresponses and 
     qualify for such defense.

       ``(ii) Failure to obtain verification.--If the person or 
     entity has made the inquiry described in clause (i)(I) but 
     has not received an appropriate verification of such identity 
     and work eligibility under such mechanism within the time 
     period specified under subsection (d)(2) after the time 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 time 
     period.''.

     SEC. 3285. 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 of this 
     section preempt any State or local law, ordinance, policy, or 
     rule, including any criminal or civil fine or penalty 
     structure, insofar as they may now or hereafter 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 when and as required under 
     subsection (b).
       ``(ii) General rules.--A State, at its own cost, may 
     enforce the provisions of this section, but only insofar as 
     such State follows the Federal regulations implementing this 
     section, applies the Federal penalty structure set out in 
     this section, and complies with all Federal rules and 
     guidance concerning implementation of this section. Such 
     State may collect any fines assessed under this section. An 
     employer may not be subject to enforcement, including audit 
     and investigation, by both a Federal agency and a State for 
     the same violation under this section. Whichever entity, the 
     Federal agency or the State, is first to initiate the 
     enforcement action, has the right of first refusal to proceed 
     with the enforcement action. The Secretary must provide 
     copies of all guidance, training, and field instructions 
     provided to Federal officials implementing the provisions of 
     this section to each State.''.

     SEC. 3286. 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 confirmation system 
     established under section 274A(d) of the Immigration and 
     Nationality Act, as amended by section 3282.
       (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 sections 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. 3287. PENALTIES.

       Section 274A of the Immigration and Nationality Act (8 
     U.S.C. 1324a) is amended--
       (1) in subsection (e)(1)--

[[Page S5874]]

       (A) by striking ``Attorney General'' each place such term 
     appears and inserting ``Secretary of Homeland Security''; and
       (B) in subparagraph (D), by striking ``Service'' and 
     inserting ``Department of Homeland Security'';
       (2) in subsection (e)(4)--
       (A) in subparagraph (A), in the matter before clause (i), 
     by inserting ``, subject to paragraph (10),'' after ``in an 
     amount'';
       (B) in subparagraph (A)(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'';
       (C) in subparagraph (A)(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'';
       (D) in subparagraph (A)(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
       (E) by moving the margin of the continuation text following 
     subparagraph (B) two ems to the left and by amending 
     subparagraph (B) to read as follows:
       ``(B) may require the person or entity to take such other 
     remedial action as is appropriate.'';
       (3) in subsection (e)(5)--
       (A) in the paragraph heading, strike ``paperwork'';
       (B) by inserting ``, subject to paragraphs (10) through 
     (12),'' after ``in an amount'';
       (C) by striking ``$100'' and inserting ``$1,000'';
       (D) by striking ``$1,000'' and inserting ``$25,000''; and
       (E) by adding at the end the following: ``Failure by a 
     person or entity to utilize the employment eligibility 
     verification system as required by law, or providing 
     information to the system that the person or entity knows or 
     reasonably believes to be false, shall be treated as a 
     violation of subsection (a)(1)(A).'';
       (4) by adding at the end of subsection (e) the following:
       ``(10) Exemption from penalty for good faith violation.--In 
     the case of imposition of a civil penalty under paragraph 
     (4)(A) with respect to a violation of subsection (a)(1)(A) or 
     (a)(2) 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 wishes 
     to have a person or entity considered for debarment in 
     accordance with this paragraph, and such a person or entity 
     does not hold a Federal contract, grant, or cooperative 
     agreement, the Secretary or Attorney General shall refer the 
     matter to the Administrator of General Services to determine 
     whether to list the person or entity on the List of Parties 
     Excluded from Federal Procurement, and if so, for what 
     duration and under what scope.
       ``(C) Has contract, grant, agreement.--If the Secretary of 
     Homeland Security or the Attorney General wishes to have a 
     person or entity considered for debarment in accordance with 
     this paragraph, and such person or entity holds a Federal 
     contract, grant, or cooperative agreement, the Secretary or 
     Attorney General shall advise all agencies or departments 
     holding a contract, grant, or cooperative agreement with the 
     person or entity of the Government's interest in having the 
     person or entity considered for debarment, and after 
     soliciting and considering the views of all such agencies and 
     departments, the Secretary or Attorney General may refer the 
     matter to any appropriate lead agency to determine whether to 
     list the person or entity on the List of Parties Excluded 
     from Federal Procurement, and if so, for what duration and 
     under what scope.
       ``(D) Review.--Any decision to debar a person or entity in 
     accordance with this paragraph shall be reviewable pursuant 
     to 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;
       ``(B) that is required to indicate to the complaining State 
     or local agency within five business days of the filing of 
     such a complaint by identifying whether the Secretary will 
     further investigate the information provided;
       ``(C) that is required to investigate those complaints 
     filed by State or local government agencies that, on their 
     face, have a substantial probability of validity;
       ``(D) that is required to notify the complaining State or 
     local agency of the results of any such investigation 
     conducted; and
       ``(E) that is required to report to the Congress annually 
     the number of complaints received under this paragraph, the 
     States and localities that filed such complaints, and the 
     resolution of the complaints investigated by the 
     Secretary.''; and
       (5) by amending paragraph (1) of subsection (f) to read as 
     follows:
       ``(1) Criminal penalty.--Any person or entity which engages 
     in a pattern or practice of violations of subsection (a) (1) 
     or (2) shall be fined not more than $5,000 for each 
     unauthorized alien with respect to which such a violation 
     occurs, imprisoned for not more than 18 months, or both, 
     notwithstanding the provisions of any other Federal law 
     relating to fine levels.''.

     SEC. 3288. FRAUD AND MISUSE OF DOCUMENTS.

       Section 1546(b) of title 18, United States Code, is 
     amended--
       (1) in paragraph (1), by striking ``identification 
     document,'' and inserting ``identification document or 
     document meant to establish work authorization (including the 
     documents described in section 274A(b) of the Immigration and 
     Nationality Act),''; and
       (2) in paragraph (2), by striking ``identification 
     document'' and inserting ``identification document or 
     document meant to establish work authorization (including the 
     documents described in section 274A(b) of the Immigration and 
     Nationality Act),''.

     SEC. 3289. PROTECTION OF SOCIAL SECURITY ADMINISTRATION 
                   PROGRAMS.

       (a) Funding Under Agreement.--Effective for fiscal years 
     beginning on or after October 1, 2023, the Commissioner of 
     Social Security and the Secretary of Homeland Security shall 
     enter into and maintain an agreement which shall--
       (1) provide 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 3282, 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) provide such funds annually in advance of the 
     applicable quarter based on estimating methodology agreed to 
     by the Commissioner and the Secretary (except in such 
     instances where the delayed enactment of an annual 
     appropriation may preclude such quarterly payments); and
       (3) require an annual accounting and reconciliation of the 
     actual costs incurred and the funds provided under the 
     agreement, which shall be reviewed by the Inspectors General 
     of the Social Security Administration and the Department of 
     Homeland Security.
       (b) Continuation of Employment Verification in Absence of 
     Timely Agreement.--In any case in which the agreement 
     required under subsection (a) for any fiscal year beginning 
     on or after October 1, 2023, has not been reached as of 
     October 1 of such fiscal year, the latest agreement between 
     the Commissioner and the Secretary of Homeland Security 
     providing for funding to cover the costs of the 
     responsibilities of the Commissioner under section 274A(d) of 
     the Immigration and Nationality Act (8 U.S.C. 1324a(d)) shall 
     be deemed in effect on an interim basis for such fiscal year 
     until such time as an agreement required under subsection (a) 
     is subsequently reached, 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. In any case in 
     which an interim agreement applies for any fiscal year under 
     this subsection, the Commissioner and the Secretary shall, 
     not later than October 1 of such fiscal year, notify the 
     Committee on Ways and Means, the Committee on the Judiciary, 
     and the Committee on Appropriations of the House of 
     Representatives and the Committee on Finance, the Committee 
     on the Judiciary, and the Committee on Appropriations of the 
     Senate of the failure to reach the agreement required under 
     subsection (a) for such fiscal year. Until such time as the 
     agreement required under subsection (a) has been reached for 
     such fiscal year, the Commissioner and the Secretary shall, 
     not later than the end of each 90-day period after October 1 
     of such fiscal year, notify such Committees of the status of 
     negotiations between the Commissioner and the Secretary in 
     order to reach such an agreement.

     SEC. 3290. 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 
     identified to be subject to unusual multiple use in the 
     employment eligibility verification system established under 
     section 274A(d) of the Immigration and Nationality Act (8 
     U.S.C. 1324a(d)),

[[Page S5875]]

     as amended by section 3282, 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 
     the 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 which shall provide 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 (8 U.S.C. 1324a(d)), as amended by section 
     3282. The Secretary may implement the program on a limited 
     pilot program basis before making it fully available to all 
     individuals.
       (c) Allowing Parents To Prevent Theft of Their Child's 
     Identity.--The Secretary of Homeland Security, in 
     consultation with the Commissioner of Social Security, shall 
     establish a program which shall provide 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 (8 U.S.C. 1324a(d)), as amended by section 3282. The 
     Secretary may implement the program on a limited pilot 
     program basis before making it fully available to all 
     individuals.

     SEC. 3291. 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 both the photograph on the identity or employment 
     eligibility document provided by the employee and to the face 
     of the employee submitting the document for employment 
     verification purposes.

     SEC. 3292. IDENTITY AUTHENTICATION EMPLOYMENT ELIGIBILITY 
                   VERIFICATION PILOT PROGRAMS.

       Not later than 24 months 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, each using a separate and distinct technology 
     (the ``Authentication Pilots''). The purpose of the 
     Authentication Pilots shall be to provide for identity 
     authentication and employment eligibility verification with 
     respect to enrolled new employees which shall be available to 
     any employer that elects to participate in either of the 
     Authentication Pilots. Any participating employer may cancel 
     the employer's participation in the Authentication Pilot 
     after one year after electing to participate without 
     prejudice to future participation. The Secretary shall report 
     to the Committee on the Judiciary of the House of 
     Representatives and the Committee on the Judiciary of the 
     Senate the Secretary's findings on the Authentication Pilots, 
     including the authentication technologies chosen, not later 
     than 12 months after commencement of the Authentication 
     Pilots.

     SEC. 3293. 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 complete audits of the 
     following categories in order to uncover evidence of 
     individuals who are not authorized to work in the United 
     States:
       (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) Children's social security account numbers used for 
     work purposes.
       (3) Employers whose workers present significant numbers of 
     mismatched social security account numbers or names for wage 
     reporting.
       (b) Submission.--The Inspector General of the Social 
     Security Administration shall submit the audits completed 
     under subsection (a) to the Committee on Ways and Means of 
     the House of Representatives and the Committee on Finance of 
     the Senate for review of the evidence of individuals who are 
     not authorized to work in the United States. The Chairmen of 
     those Committees shall then determine information to be 
     shared with the Secretary of Homeland Security so that such 
     Secretary can investigate the unauthorized employment 
     demonstrated by such evidence.

     SEC. 3294. AGRICULTURE WORKFORCE STUDY.

       Not later than 36 months after the date of the enactment of 
     this Act, the Secretary of the Department of Homeland 
     Security, in consultation with the Secretary of the 
     Department of Agriculture, shall submit to the Committee on 
     the Judiciary of the House of Representatives and the 
     Committee on the Judiciary of the Senate, a report that 
     includes the following:
       (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 ten 
     years.
       (7) The percentage of agricultural costs invested in 
     mechanization during each of the last ten years.
       (8) Recommendations, other than a path to legal status for 
     aliens not authorized to work in the United States, for 
     ensuring United States agricultural employers have a 
     workforce sufficient to cover industry needs, including 
     recommendations to--
       (A) increase investments in mechanization;
       (B) increase the domestic workforce; and
       (C) reform the H-2A program.

     SEC. 3295. SENSE OF CONGRESS ON FURTHER IMPLEMENTATION.

       It is the sense of Congress that in implementing the E-
     Verify Program, the Secretary of Homeland Security shall 
     ensure any adverse impact on the Nation's agricultural 
     workforce, operations, and food security are considered and 
     addressed.

     SEC. 3296. REPEALING REGULATIONS.

       The 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)) shall have no force or 
     effect, may not be reissued in substantially the same form, 
     and any new rules that are substantially the same as such 
     rules may not be issued.

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