[Congressional Record Volume 170, Number 9 (Wednesday, January 17, 2024)]
[Senate]
[Pages S152-S173]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1382. Mr. BRAUN (for himself and Mr. Scott of Florida) submitted
an amendment intended to be proposed to amendment SA 1381 proposed by
Mrs. Murray to the bill H.R. 2872 of 2013 to allow the Secretary of the
Interior to issue electronic stamps under such Act, and for other
purposes; which was ordered to lie on the table; as follows:
On page 13, after line 14, add the following:
SEC. 402. EXECUTIVE ORDER MANDATED INFLATION ACCOUNTABILITY
AND REFORM.
(a) Mandatory Inflation Forecasting.--
(1) In general.--For any major Executive order, the
President, acting through the Director of the Office of
Management and Budget and the Chair of the Council of
Economic Advisers, shall prepare and consider a statement
estimating the inflationary effects of the Executive order,
including whether the Executive order is determined to have
no significant impact on inflation, is determined to have
quantifiable inflationary impact on the consumer or producer
price index (including a detailed description of such
impact), or is determined likely to have a significant impact
on inflation but the amount cannot be determined at the time
the estimate is prepared. Any statement prepared under this
paragraph shall incorporate the inflationary impact of the
debt servicing costs associated with the applicable major
Executive order. To the greatest extent practicable, any
estimate of the inflationary impact of any major Executive
order under this paragraph shall take into account the
spending patterns of military personnel and of residents of
non-metropolitan areas, including rural areas and farm
households.
(2) CPI impact disaggregated.--If an Executive order is
determined to have a quantifiable inflationary impact on the
consumer price index under paragraph (1), the statement
required by such paragraph shall include the amount of such
impact on the consumer price index in total and disaggregated
by the Food, Energy, and All Items Less Food and Energy
categories of the consumer price index (as such categories
are determined by the Secretary of Labor in consultation with
the Commissioner of the Bureau of Labor Statistics).
(b) Agency Assistance.--The head of each agency shall
provide to the President, acting through the Director and the
Chair, such information and assistance as the President,
acting through the Director and the Chair, may reasonably
request to assist the President, acting through the Director
and the Chair, in carrying out this section.
(c) Reporting.--Not later than 180 days after the date of
the enactment of this Act, and every year thereafter, the
President, acting through the Director and the Chair, shall
publish on the public website of the Office of Management and
Budget and submit to the Committee on the Budget and the
Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on the Budget and the Committee
on Oversight and Accountability of the House of
Representatives a report containing each statement prepared
and considered under subsection (a) during the year.
(d) Rule of Construction.--Nothing in this section shall be
construed to suggest that the task of combating inflation and
bringing down the cost of living is the sole responsibility
of the Executive Office of the President, and not also a key
pursuit of the Senate during the 118th Congress through
thoughtful, productive legislative action.
(e) Definitions.--In this section:
(1) Agency.--The term ``agency'' has the meaning given such
term in section 551 of title 5, United States Code.
(2) Major executive order.--The term ``major Executive
order'' means any Executive order that would be projected (in
a conventional cost estimate) to cause an annual gross
budgetary or economic effect of at least $1,000,000, but does
not include any such measure that--
(A) provides for emergency assistance or relief at the
request of any State or local government or any official of a
State or local government; or
(B) is necessary for the national security or the
ratification or implementation of international treaty
obligations.
(3) State.--The term ``State'' means each State of the
United States, the District of Columbia, each commonwealth,
territory, or possession of the United States, and each
federally recognized Indian Tribe.
SA 1383. Mr. CRUZ submitted an amendment intended to be proposed to
amendment SA 1381 proposed by Mrs. Murray to the bill H.R. 2872 of 2013
to allow the Secretary of the Interior to issue electronic stamps under
such Act, and for other purposes; which was ordered to lie on the
table; as follows:
At the end of the bill, add the following:
DIVISION C--SECURING THE BORDER
SEC. 1001. SHORT TITLE.
This division may be cited as the ``Secure the Border Act
of 2024''.
TITLE I--BORDER SECURITY
SEC. 1101. DEFINITIONS.
In this title:
(1) CBP.--The term ``CBP'' means U.S. Customs and Border
Protection.
(2) Commissioner.--The term ``Commissioner'' means the
Commissioner of U.S. Customs and Border Protection.
(3) Department.--The term ``Department'' means the
Department of Homeland Security.
(4) Operational control.--The term ``operational control''
has the meaning given such term in section 2(b) of the Secure
Fence Act of 2006 (Public Law 109-367; 8 U.S.C. 1701 note).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(6) Situational awareness.--The term ``situational
awareness'' has the meaning given such term in section
1092(a)(7) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 6 U.S.C. 223(a)(7)).
(7) Unmanned aircraft system.--The term ``unmanned aircraft
system'' has the meaning given such term in section 44801 of
title 49, United States Code.
SEC. 1102. 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. 1103. 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:
[[Page S153]]
``(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, 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. 1104. 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.
[[Page S154]]
(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. 1105. 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 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. 1106. 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. 1107. 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. 1108. 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;
[[Page S155]]
``(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 1107 of the
Secure the Border Act of 2024 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 2024,
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.
``(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. 1109. 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--
[[Page S156]]
(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. 1110. 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. 1111. 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--
(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 1111 of
the Secure the Border Act of 2024; 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. 1112. 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 1103, 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. 1113. 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--
[[Page S157]]
(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. 1114. 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. 1115. RESTRICTIONS ON FUNDING.
(a) Arriving Aliens.--No funds are authorized to be
appropriated to the Department to process the entry into the
United States of aliens arriving in between ports of entry.
(b) Restriction on Nongovernmental Organization Support for
Unlawful Activity.--No funds are authorized to be
appropriated to the Department for disbursement to any
nongovernmental organization that facilitates or encourages
unlawful activity, including unlawful entry, human
trafficking, human smuggling, drug trafficking, and drug
smuggling.
(c) Restriction on Nongovernmental Organization
Facilitation of Illegal Immigration.--No funds are authorized
to be appropriated to the Department for disbursement to any
nongovernmental organization to provide, or facilitate the
provision of, transportation, lodging, or immigration legal
services to inadmissible aliens who enter the United States
after the date of the enactment of this Act.
SEC. 1116. 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. 1117. 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. 1118. 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. 1119. ALIEN CRIMINAL BACKGROUND CHECKS.
(a) In General.--Not later than seven days after the date
of the enactment of this Act,
[[Page S158]]
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. 1120. 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.
(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. 1121. 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. 1122. 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. 1123. 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. 1124. 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
[[Page S159]]
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. 1125. 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. 1126. 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. 1127. 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. 1128. 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.
TITLE II--IMMIGRATION ENFORCEMENT AND FOREIGN AFFAIRS
Subtitle A--Asylum Reform and Border Protection
SEC. 1201. 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. 1202. 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. 1203. 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. 1204. 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
[[Page S160]]
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) 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.
[[Page S161]]
``(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. 1205. 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.''.
SEC. 1206. 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. 1207. 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;
[[Page S162]]
``(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. 1208. 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
``(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. 1209. 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. 1210. 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''.
[[Page S163]]
SEC. 1211. 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. 1221. 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, 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. 1222. 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.
[[Page S164]]
Subtitle C--Preventing Uncontrolled Migration Flows in the Western
Hemisphere
SEC. 1231. 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. 1232. 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. 1233. 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 1232 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 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. 1241. 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. 1251. 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
[[Page S165]]
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. 1252. 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:
``(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. 1253. 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. 1254. 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. 1261. 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
[[Page S166]]
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. 1271. 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.
``(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. 1272. 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 1271, 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. 1273. 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.
[[Page S167]]
SEC. 1274. 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. 1281. 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 2024, 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
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.
[[Page S168]]
``(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
2024, 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
2024, 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 2024,
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 2024, 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 2024.
``(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 2024. 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 1284
of the Secure the Border Act of 2024 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 2024.
``(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 1287(c) of subtitle H of title II of the Secure the
Border Act of 2024.
``(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
1287(c) of the Secure the Border Act of 2024, 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
2024, 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
2024, 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 2024,
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 2024, 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 2024. 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.--
[[Page S169]]
``(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 2024, 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 2024,
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 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 2024, 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 2024, 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 2024, 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. 1282. 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
[[Page S170]]
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.
``(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. 1283. 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
1281(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. 1284. 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.
[[Page S171]]
``(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. 1285. 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. 1286. 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 1282.
(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. 1287. PENALTIES.
Section 274A of the Immigration and Nationality Act (8
U.S.C. 1324a) is amended--
(1) in subsection (e)(1)--
(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;
[[Page S172]]
``(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. 1288. 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. 1289. 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 1282, 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. 1290. 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)), as amended by section 1282, 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
1282. 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 1282. The
Secretary may implement the program on a limited pilot
program basis before making it fully available to all
individuals.
SEC. 1291. 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. 1292. 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. 1293. 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. 1294. 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.
[[Page S173]]
(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. 1295. 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. 1296. 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.
______