[Congressional Record Volume 170, Number 24 (Friday, February 9, 2024)]
[Senate]
[Pages S604-S802]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1454. Mr. RICKETTS (for himself and Mr. Scott of South Carolina) 
submitted an amendment intended to be proposed to amendment SA 1388 
proposed by Mrs. Murray (for herself and Mr. Schumer) to the bill H.R. 
815, to amend title 38, United States Code, to make certain 
improvements relating to the eligibility of veterans to receive 
reimbursement for emergency treatment furnished through the Veterans 
Community Care program, and for other purposes; which was ordered to 
lie on the table; as follows:

        At the appropriate place, insert the following:
       Sec. __.  Section 2 of the Migration and Refugee Assistance 
     Act of 1962 (22 U.S.C. 2601) is amended by adding at the end 
     the following new subsection:
       ``(g) Prohibition on Contributions to United Nations Relief 
     and Works Agency for Palestine Refugees in the Near East.--
     The United States Government may not make any contribution, 
     grant, or other payment to the United Nations Relief and 
     Works Agency for Palestine Refugees in the Near East (UNRWA), 
     including through contributions, grants, or payments to the 
     regular budget of the United Nations for the support of 
     UNRWA.''.
                                 ______
                                 
  SA 1455. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 1388 proposed by Mrs. Murray (for herself and Mr. Schumer) 
to the bill H.R. 815, to amend title 38, United States Code, to make 
certain improvements relating to the eligibility of veterans to receive 
reimbursement for emergency treatment furnished through the Veterans 
Community Care program, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:

[[Page S605]]

  


     SEC. __. INADMISSIBILITY AND DEPORTABILITY RELATED TO DRIVING 
                   WHILE INTOXICATED OR IMPAIRED.

       (a) Short Title.--This section may be cited as the 
     ``Protect Our Communities from DUIs Act''.
       (b) Inadmissibility.--Section 212(a)(2) of the Immigration 
     and Nationality Act (8 U.S.C. 1182(a)(2)) is amended by 
     adding at the end the following:
       ``(J) Driving while intoxicated or impaired.--Any alien who 
     has been convicted of, who admits having committed, or who 
     admits committing acts which constitute the essential 
     elements of an offense for driving while intoxicated or 
     impaired, as those terms are defined under the law of the 
     jurisdiction where the conviction, offense, or acts 
     constituting the essential elements of the offense occurred 
     (including an offense for driving while under the influence 
     of or impaired by alcohol or drugs), without regard to 
     whether the conviction or offense is classified as a 
     misdemeanor or felony under Federal, State, tribal, or local 
     law, is inadmissible.''.
       (c) Deportability.--Section 237(a)(2) of the Immigration 
     and Nationality Act (8 U.S.C. 1227(a)(2)) is amended by 
     adding at the end the following:
       ``(G) Driving while intoxicated or impaired.--Any alien who 
     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, is 
     deportable.''.
                                 ______
                                 
  SA 1456. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 1388 proposed by Mrs. Murray (for herself and Mr. Schumer) 
to the bill H.R. 815, to amend title 38, United States Code, to make 
certain improvements relating to the eligibility of veterans to receive 
reimbursement for emergency treatment furnished through the Veterans 
Community Care program, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. INELIGIBILITY FOR IMMIGRATION BENEFITS OF ALIENS WHO 
                   CARRIED OUT, PARTICIPATED IN, PLANNED, 
                   FINANCED, SUPPORTED, OR OTHERWISE FACILITATED 
                   ATTACKS AGAINST ISRAEL.

       (a) Short Title.--This section may be cited as the ``No 
     Immigration Benefits for Hamas Terrorists Act''.
       (b) Participants in Hamas Terrorism Against Israel.--
     Section 212(a)(3) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)(3)) is amended--
       (1) in subparagraph (B)(i), in the matter following 
     subclause (IX)--
       (A) by inserting ``Palestinian Islamic Jihad, or Hamas'' 
     after ``Palestine Liberation Organization''; and
       (B) by inserting ``member,'' after ``representative,''; and
       (2) by adding at the end the following:
       ``(H) Participants in hamas terrorism against israel.--Any 
     alien who carried out, participated in, planned, financed, 
     afforded material support to, or otherwise facilitated any of 
     the attacks against Israel initiated by Hamas beginning on 
     October 7, 2023, is inadmissible.''.
       (c) Conforming Amendment.--Section 237(a)(4)(B) of the 
     Immigration and Nationality Act (8 U.S.C. 1227(a)(4)(B)) is 
     amended by striking ``subparagraph (B) or (F)'' and inserting 
     ``subparagraph (B), (F), or (H)''.
       (d) Ineligibility for Relief.--Section 241(b)(3) of the 
     Immigration and Nationality Act (8 U.S.C. 1231(b)(3)) is 
     amended by adding at the end the following:
       ``(D) Ineligibility for relief.--Any alien who carried out, 
     participated in, planned, financed, afforded material support 
     to, or otherwise facilitated any of the attacks against 
     Israel initiated by Hamas beginning on October 7, 2023, shall 
     be ineligible for any relief under the immigration laws, 
     including under this section, section 208, and section 2242 
     of the Omnibus Consolidated and Emergency Supplemental 
     Appropriations Act, 1999 (and any regulations issued pursuant 
     to such section).''.
       (e) Report Required on Participants in Hamas Terrorism 
     Against Israel.--Beginning not later than 1 year after the 
     date of the enactment of this Act, and annually thereafter, 
     the Secretary of Homeland Security shall submit a report to 
     Congress that identifies the number of aliens who, during the 
     period covered by the report--
       (1) were found to be inadmissible under section 
     212(a)(3)(H) of the Immigration and Nationality Act (8 U.S.C. 
     1182(a)(3)(H)); or
       (2) were found to be removable pursuant to section 
     237(a)(4)(B) of the Immigration and Nationality Act (8 U.S.C. 
     1227(a)(4)(B)).
                                 ______
                                 
  SA 1457. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 1388 submitted by Mrs. Murray (for herself and Mr. 
Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the end, add the following:

  DIVISION C--SANCTIONS WITH RESPECT TO FOREIGN SUPPORT FOR TERRORIST 
                             ORGANIZATIONS

     SEC. 4001. SHORT TITLE.

       This division may be cited as the ``Hamas and Other 
     Palestinian Terrorist Groups International Financing 
     Prevention Act''.

     SEC. 4002. STATEMENT OF POLICY.

       It shall be the policy of the United States--
       (1) to prevent Hamas, Palestinian Islamic Jihad, Al-Aqsa 
     Martyrs Brigade, the Lion's Den, or any affiliate or 
     successor thereof from accessing its international support 
     networks; and
       (2) to oppose Hamas, the Palestinian Islamic Jihad, Al-Aqsa 
     Martyrs Brigade, the Lion's Den, or any affiliate or 
     successor thereof from using goods, including medicine and 
     dual use items, to smuggle weapons and other materials to 
     further acts of terrorism, including against Israel.

     SEC. 4003. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN 
                   PERSONS SUPPORTING ACTS OF TERRORISM OR 
                   ENGAGING IN SIGNIFICANT TRANSACTIONS WITH 
                   SENIOR MEMBERS OF HAMAS, PALESTINIAN ISLAMIC 
                   JIHAD AND OTHER PALESTINIAN TERRORIST 
                   ORGANIZATIONS.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the President shall impose the 
     sanctions described in subsection (c) with respect to each 
     foreign person that the President determines, on or after the 
     date of the enactment of this Act, engages in an activity 
     described in subsection (b).
       (b) Activities Described.--A foreign person engages in an 
     activity described in this subsection if the foreign person 
     knowingly--
       (1) assists in sponsoring or providing significant 
     financial, material, or technological support for, or goods 
     or other services to enable, acts of terrorism; or
       (2) engages, directly or indirectly, in a significant 
     transaction with--
       (A) a senior member of Hamas, Palestinian Islamic Jihad, 
     Al-Aqsa Martyrs Brigade, the Lion's Den, or any affiliate or 
     successor thereof; or
       (B) a senior member of a foreign terrorist organization 
     designated pursuant to section 219 of the Immigration and 
     Nationality Act (8 U.S.C. 1189) that is responsible for 
     providing, directly or indirectly, support to Hamas, 
     Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the 
     Lion's Den, or any affiliate or successor thereof.
       (c) Sanctions Described.--The President shall exercise all 
     of the powers granted to the President under the 
     International Emergency Economic Powers Act (50 U.S.C. 1701 
     et seq.) to the extent necessary to block and prohibit all 
     transactions in property and interests in property of a 
     foreign person described in subsection (a) if such property 
     and interests in property are in the United States, come 
     within the United States, or are or come within the 
     possession or control of a United States person.
       (d) Penalties.--The penalties provided for in subsections 
     (b) and (c) of section 206 of the International Emergency 
     Economic Powers Act (50 U.S.C. 1705) shall apply to a person 
     that violates, attempts to violate, conspires to violate, or 
     causes a violation of this section or any regulations 
     promulgated to carry out this section to the same extent that 
     such penalties apply to a person that commits an unlawful act 
     described in section 206(a) of that Act.
       (e) Implementation; Regulations.--
       (1) In general.--The President may exercise all authorities 
     provided under sections 203 and 205 of the International 
     Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) for 
     purposes of carrying out this section.
       (2) Regulations.--Not later than 60 days after the date of 
     the enactment of this Act, the President shall issue 
     regulations or other guidance as may be necessary for the 
     implementation of this section.
       (f) Waiver.--The President may waive, on a case-by-case 
     basis and for a period of not more than 180 days, the 
     application of sanctions under this section with respect to a 
     foreign person only if, not later than 15 days prior to the 
     date on which the waiver is to take effect, the President 
     submits to the appropriate congressional committees a written 
     determination and justification that the waiver is in the 
     vital national security interests of the United States.
       (g) Humanitarian Exemption.--The President may waive the 
     application of any provision of this section if the President 
     certifies in writing to the appropriate congressional 
     committees that such a waiver is vital to facilitate the 
     delivery of humanitarian aid and is consistent with the 
     national security interests of the United States 15 days 
     prior to the waiver taking effect.
       (h) Rule of Construction.--The authority to impose 
     sanctions under this section with respect to a foreign person 
     is in addition to the authority to impose sanctions under any 
     other provision of law with respect to a foreign person that 
     directly or indirectly supports acts of international 
     terrorism.

[[Page S606]]

  


     SEC. 4004. IMPOSITION OF MEASURES WITH RESPECT TO FOREIGN 
                   STATES PROVIDING SUPPORT TO HAMAS, PALESTINIAN 
                   ISLAMIC JIHAD AND OTHER PALESTINIAN TERRORIST 
                   ORGANIZATIONS.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the President shall impose the 
     measures described in subsection (c) with respect to a 
     foreign state if the President determines that the foreign 
     state, on or after the date of the enactment of this Act, 
     engages in an activity described in subsection (b).
       (b) Activities Described.--A foreign state engages in an 
     activity described in this subsection if the foreign state 
     knowingly--
       (1) provides significant material or financial support for 
     acts of international terrorism, pursuant to--
       (A) section 1754(c) of the Export Control Reform Act of 
     2018 (50 U.S.C. 4813(c)(1)(A));
       (B) section 620A of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2371);
       (C) section 40 of the Arms Export Control Act (22 U.S.C. 
     2780); or
       (D) any other provision of law;
       (2) provides significant material support to Hamas, the 
     Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the 
     Lion's Den, or any affiliate or successor thereof; or
       (3) engages in a significant transaction that materially 
     contributes, directly or indirectly, to the terrorist 
     activities of Hamas, the Palestinian Islamic Jihad, Al-Aqsa 
     Martyrs Brigade, the Lion's Den, or any affiliate or 
     successor thereof.
       (c) Measures Described.--The measures described in this 
     subsection with respect to a foreign state are the following:
       (1) The President shall suspend, for a period of at least 1 
     year, United States assistance to the foreign state.
       (2) The Secretary of the Treasury shall instruct the United 
     States Executive Director to each appropriate international 
     financial institution to oppose, and vote against, for a 
     period of 1 year, the extension by such institution of any 
     loan or financial or technical assistance to the government 
     of the foreign state.
       (3) The President shall prohibit the export of any item on 
     the United States Munitions List (established pursuant to 
     section 38 of the Arms Export Control Act (22 U.S.C. 2778)) 
     or the Commerce Control List set forth in Supplement No. 1 to 
     part 774 of title 15, Code of Federal Regulations, to the 
     foreign state for a period of 1 year.
       (d) Penalties.--The penalties provided for in subsections 
     (b) and (c) of section 206 of the International Emergency 
     Economic Powers Act (50 U.S.C. 1705) shall apply to a person 
     that violates, attempts to violate, conspires to violate, or 
     causes a violation of this section or any regulations 
     promulgated to carry out this section to the same extent that 
     such penalties apply to a person that commits an unlawful act 
     described in section 206(a) of that Act.
       (e) Waiver.--The President may waive, on a case-by-case 
     basis and for a period of not more than 180 days, the 
     application of measures under this section with respect to a 
     foreign state only if, not later than 15 days prior to the 
     date on which the waiver is to take effect, the President 
     submits to the appropriate congressional committees a written 
     determination and justification that the waiver is in the 
     vital national security interests of the United States.
       (f) Implementation; Regulations.--
       (1) In general.--The President may exercise all authorities 
     provided under sections 203 and 205 of the International 
     Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) for 
     purposes of carrying out this section.
       (2) Regulations.--Not later than 60 days after the date of 
     the enactment of this Act, the President shall issue 
     regulations or other guidance as may be necessary for the 
     implementation of this section.
       (g) Additional Exemptions.--
       (1) Status of forces agreements.--The President may exempt 
     the application of measures under this section with respect 
     to a foreign state if the application of such measures would 
     prevent the United States from meeting the terms of any 
     status of forces agreement to which the United States is a 
     party.
       (2) Authorized intelligence activities.--Measures under 
     this section shall not apply with respect to any activity 
     subject to the reporting requirements under title V of the 
     National Security Act of 1947 (50 U.S.C. 3091 et seq.) or any 
     authorized intelligence activities of the United States.
       (3) Humanitarian exemption.--The President may waive the 
     application of any provision of this section if the President 
     certifies in writing to the appropriate congressional 
     committees that such a waiver is vital to facilitate the 
     delivery of humanitarian aid and is consistent with the 
     national security interests of the United States 15 days 
     prior to the waiver taking effect.
       (h) Rule of Construction.--The authority to impose measures 
     under this section with respect to a foreign state is in 
     addition to the authority to impose measures under any other 
     provision of law with respect to foreign states that directly 
     or indirectly support acts of international terrorism.

     SEC. 4005. REPORTS ON ACTIVITIES TO DISRUPT GLOBAL 
                   FUNDRAISING, FINANCING, AND MONEY LAUNDERING 
                   ACTIVITIES OF HAMAS, PALESTINIAN ISLAMIC JIHAD, 
                   AL-AQSA MARTYRS BRIGADE, THE LION'S DEN OR ANY 
                   AFFILIATE OR SUCCESSOR THEREOF.

       (a) In General.--Not later than 90 days after the date of 
     enactment of this Act, and every 180 days thereafter, the 
     President shall submit to the appropriate congressional 
     committees a report that includes--
       (1) an assessment of the disposition of the assets and 
     activities of Hamas, the Palestinian Islamic Jihad, Al-Aqsa 
     Martyrs Brigade, the Lion's Den, or any affiliate or 
     successor thereof related to fundraising, financing, and 
     money laundering worldwide;
       (2) a list of foreign states that knowingly providing 
     material, financial, or technical support for, or goods or 
     services to Hamas, the Palestinian Islamic Jihad, Al-Aqsa 
     Martyrs Brigade, the Lion's Den, or any affiliate or 
     successor thereof;
       (3) a list of foreign states in which Hamas, the 
     Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the 
     Lion's Den, or any affiliate or successor thereof conducts 
     significant fundraising, financing, or money laundering 
     activities;
       (4) a list of foreign states from which Hamas, the 
     Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the 
     Lion's Den, or any affiliate or successor thereof knowingly 
     engaged in the transfer of surveillance equipment, electronic 
     monitoring equipment, or other means to inhibit communication 
     or the free flow of information in Gaza; and
       (5) with respect to each foreign state listed in paragraph 
     (2), (3), or (4)--
       (A) a description of the steps the foreign state identified 
     is taking adequate measures to restrict financial flows to 
     Hamas, the Palestinian Islamic Jihad, Al-Aqsa Martyrs 
     Brigade, the Lion's Den, or any affiliates or successors 
     thereof; and
       (B) in the case of a foreign state failing to take adequate 
     measures to restrict financial flows to Hamas, Palestinian 
     Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion's Den or any 
     other designated entity engaged in significant act of 
     terrorism threatening the peace and security of Israel--
       (i) an assessment of the reasons that government is not 
     taking adequate measures to restrict financial flows to those 
     entities; and
       (ii) a description of measures being taken by the United 
     States Government to encourage the foreign state to restrict 
     financial flows to those entities; and
       (b) Form.--Each report required by subsection (a) shall be 
     submitted in unclassified form to the greatest extent 
     possible, and may contain a classified annex.

     SEC. 4006. EXCEPTION RELATING TO IMPORTATION OF GOODS.

       (a) In General.--The authorities and requirements to impose 
     sanctions authorized under this Act shall not include the 
     authority or requirement to impose sanctions on the 
     importation of goods.
       (b) Good Defined.--In this section, the term ``good'' means 
     any article, natural or man-made substance, material, supply 
     or manufactured product, including inspection and test 
     equipment, and excluding technical data.

     SEC. 4007. TERMINATION.

       This division shall terminate on the earlier of--
       (1) the date that is 7 years after the date of the 
     enactment of this Act; or
       (2) the date that is 30 days after the date on which the 
     President certifies to the appropriate congressional 
     committees that--
       (A) Hamas or any successor or affiliate thereof is no 
     longer designated as a foreign terrorist organization 
     pursuant to section 219 of the Immigration and Nationality 
     Act (8 U.S.C. 1189);
       (B) Hamas, the Palestinian Islamic Jihad, Al-Aqsa Martyrs 
     Brigade, the Lion's Den, and any successor or affiliate 
     thereof are no longer subject to sanctions pursuant to--
       (i) Executive Order No. 12947 (January 23, 1995; relating 
     to prohibiting transactions with terrorists who threaten to 
     disrupt the Middle East peace process); and
       (ii) Executive Order No. 13224 (September 23, 2001; 
     relating to blocking property and prohibiting transactions 
     with persons who commit, threaten to commit, or support 
     terrorism); and
       (C) Hamas, the Palestinian Islamic Jihad, Al-Aqsa Martyrs 
     Brigade, the Lion's Den, and any successor or affiliate 
     thereof meet the criteria described in paragraphs (1) through 
     (4) of section 9 of the Palestinian Anti-Terrorism Act of 
     2006 (22 U.S.C. 2378b note).

     SEC. 4008. DEFINITIONS.

       In this division:
       (1) Act of terrorism.--The term ``act of terrorism'' means 
     an activity that--
       (A) involves a violent act or an act dangerous to human 
     life, property, or infrastructure; and
       (B) appears to be intended to--
       (i) intimidate or coerce a civilian population;
       (ii) influence the policy of a government by intimidation 
     or coercion; or
       (iii) affect the conduct of a government by mass 
     destruction, assassination, kidnapping, or hostage-taking.
       (2) Admitted.--The term ``admitted'' has the meaning given 
     such term in section 101(a)(13)(A) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(13)(A)).
       (3) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Affairs and the Committee on 
     Financial Services of the House of Representatives; and
       (B) the Committee on Foreign Relations and the Committee on 
     Banking, Housing, and Urban Affairs of the Senate.

[[Page S607]]

       (4) Foreign state.--The term ``foreign state'' has the 
     meaning given such term in section 1603 of title 28, United 
     States Code.
       (5) Humanitarian aid.--The term ``humanitarian aid'' means 
     food, medicine, and medical supplies.
       (6) Material support.--The term ``material support'' has 
     the meaning given the term ``material support or resources'' 
     in section 2339A of title 18, United States Code.
       (7) United states person.--The term ``United States 
     person'' means--
       (A) a United States citizen or an alien lawfully admitted 
     for permanent residence to the United States; or
       (B) an entity organized under the laws of the United States 
     or of any jurisdiction within the United States, including a 
     foreign branch of such an entity.
                                 ______
                                 
  SA 1458. Mr. CRAMER (for himself and Mr. Cornyn) submitted an 
amendment intended to be proposed to amendment SA 1388 proposed by Mrs. 
Murray (for herself and Mr. Schumer) to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. PROHIBITION ON USE OF FUNDS TO PAUSE PERMITTING OF 
                   LNG EXPORTS.

       Notwithstanding any other provision of law, no Federal 
     funds shall be used to facilitate or implement the Department 
     of Energy review of the underlying analysis used to permit 
     liquefied natural gas exports under the Natural Gas Act (15 
     U.S.C. 717 et seq.), announced on January 26, 2024.
                                 ______
                                 
  SA 1459. Mr. PAUL submitted an amendment intended to be proposed to 
amendment SA 1388 proposed by Mrs. Murray (for herself and Mr. Schumer) 
to the bill H.R. 815, to amend title 38, United States Code, to make 
certain improvements relating to the eligibility of veterans to receive 
reimbursement for emergency treatment furnished through the Veterans 
Community Care program, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 61, between lines 12 and 13, insert the following:
       Sec. 709.  Not later than 1 year after the date of the 
     enactment of this Act, the Comptroller General of the United 
     States shall--
       (1) conduct an audit exploring--
       (A) how the Government of Ukraine has used amounts received 
     from the United States for military, economic, and 
     humanitarian aid since February 24, 2022, including amounts 
     appropriated for Ukraine--
       (i) through the Department of Defense Ukraine Security 
     Assistance Initiative;
       (ii) through the Foreign Military Financing program;
       (iii) under the Additional Ukraine Supplemental 
     Appropriations Act, 2022 (Public Law 117-128); and
       (iv) under the National Security Act, 2024; and
       (B) the effectiveness with which the Government of Ukraine 
     has prevented and detected waste, fraud, and abuse relating 
     to amounts received from the United States, including--
       (i) detailed accounts of any instances of corruption 
     relating to such United States funding; and
       (ii) the total amount of such funding that was lost due to 
     waste, fraud, or abuse; and
       (2) submit a report to Congress containing the results of 
     such audit.
                                 ______
                                 
  SA 1460. Mr. PAUL submitted an amendment intended to be proposed to 
amendment SA 1388 proposed by Mrs. Murray (for herself and Mr. Schumer) 
to the bill H.R. 815, to amend title 38, United States Code, to make 
certain improvements relating to the eligibility of veterans to receive 
reimbursement for emergency treatment furnished through the Veterans 
Community Care program, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 61, between lines 12 and 13, insert the following:
       Sec. 709.  Not later than 2 years after the date of the 
     enactment of this Act, the Comptroller General of the United 
     States shall--
       (1) conduct an audit exploring--
       (A) how the Government of Ukraine has used amounts received 
     from the United States for military, economic, and 
     humanitarian aid since February 24, 2022, including amounts 
     appropriated for Ukraine--
       (i) through the Department of Defense Ukraine Security 
     Assistance Initiative;
       (ii) through the Foreign Military Financing program;
       (iii) under the Additional Ukraine Supplemental 
     Appropriations Act, 2022 (Public Law 117-128); and
       (iv) under the National Security Act, 2024; and
       (B) the effectiveness with which the Government of Ukraine 
     has prevented and detected waste, fraud, and abuse relating 
     to amounts received from the United States, including--
       (i) detailed accounts of any instances of corruption 
     relating to such United States funding; and
       (ii) the total amount of such funding that was lost due to 
     waste, fraud, or abuse; and
       (2) submit a report to Congress containing the results of 
     such audit.
                                 ______
                                 
  SA 1461. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed to amendment SA 1388 proposed by Mrs. Murray (for herself and 
Mr. Schumer) to the bill H.R. 815, to amend title 38, United States 
Code, to make certain improvements relating to the eligibility of 
veterans to receive reimbursement for emergency treatment furnished 
through the Veterans Community Care program, and for other purposes; 
which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. EMPLOYMENT AUTHORIZATION FOR ALIENS SEEKING ASYLUM.

       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) Eligibility.--Subject to subparagraphs (B) and (C), 
     the Secretary of Homeland Security shall authorize employment 
     for an applicant for asylum whose application for asylum has 
     not been determined frivolous.
       ``(B) Application.--An applicant for asylum who is not 
     otherwise eligible for employment authorization shall not be 
     granted such authorization prior to 30 days after the date of 
     filing of the application for asylum.
       ``(C) Term.--Employment authorization for an applicant for 
     asylum shall be valid until the date on which an applicant is 
     issued a final denial of the applicable application, 
     including administrative and judicial review.''.
                                 ______
                                 
  SA 1462. Mr. WELCH (for himself, Mr. Sanders, Mr. Durbin, and Mr. 
Merkley) submitted an amendment intended to be proposed to amendment SA 
1388 proposed by Mrs. Murray (for herself and Mr. Schumer) to the bill 
H.R. 815, to amend title 38, United States Code, to make certain 
improvements relating to the eligibility of veterans to receive 
reimbursement for emergency treatment furnished through the Veterans 
Community Care program, and for other purposes; which was ordered to 
lie on the table; as follows:

        At the appropriate place in division A, insert the 
     following:
       Sec. __.  Notwithstanding any other provision of law 
     (including section 614 of the Foreign Assistance Act of 1961) 
     (22 U.S.C. 2364)), none of the funds appropriated or 
     otherwise made available by this Act may be made available to 
     support the procurement of, or for the transfer, inspection, 
     assembly, testing, or shipment of any General Purpose Bombs 
     (including Mk-84, Mk-83, Mk-82, BLU-113 bombs, GBU-39 Small 
     Diameter Bombs, and BLU-109 Hard Target Penetrator Bombs) for 
     use in Gaza.
                                 ______
                                 
  SA 1463. Mr. ROUNDS submitted an amendment intended to be proposed to 
amendment SA 1388 proposed by Mrs. Murray (for herself and Mr. Schumer) 
to the bill H.R. 815, to amend title 38, United States Code, to make 
certain improvements relating to the eligibility of veterans to receive 
reimbursement for emergency treatment furnished through the Veterans 
Community Care program, and for other purposes; which was ordered to 
lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. ORDERING AUTHORITY FOR MAINTENANCE, REPAIR, AND 
                   CONSTRUCTION OF FACILITIES OF DEPARTMENT OF 
                   DEFENSE.

       (a) In General.--Subchapter I of chapter 169 of title 10, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 2818. Ordering authority

       ``(a) In General.--The head of a department or organization 
     within the Department of Defense may place an order, on a 
     reimbursable basis, with any other such department or 
     organization for a project for the maintenance and repair of 
     a facility of the Department of Defense or for a minor 
     military construction project.
       ``(b) Obligations.--An order placed by the head of a 
     department or organization under subsection (a) is deemed to 
     be an obligation of such department or organization in the 
     same manner as a similar order or contract placed with a 
     private contractor.
       ``(c) Contingency Expenses.--An order placed under 
     subsection (a) for a project may include an amount for 
     contingency expenses that shall not exceed 10 percent of the 
     cost of the project.
       ``(d) Availability of Amounts.--Amounts appropriated or 
     otherwise made available to a department or organization of 
     the Department of Defense shall be available to pay an

[[Page S608]]

     obligation of such department or organization under this 
     section in the same manner and to the same extent as those 
     amounts are available to pay an obligation to a private 
     contractor.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such subchapter is amended by adding at the end 
     the following new item:

``2818. Ordering authority.''.
                                 ______
                                 
  SA 1464. Mr. MERKLEY submitted an amendment intended to be proposed 
to amendment SA 1388 proposed by Mrs. Murray (for herself and Mr. 
Schumer) to the bill H.R. 815, to amend title 38, United States Code, 
to make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

        On page 30, line 19, strike ``$390,000,000, of which'' and 
     insert ``$590,000,000, of which $200,000,000, to remain 
     available until September 30, 2026, shall be transferred to 
     the Secretary of Homeland Security for the Alternatives to 
     Detention Case Management pilot program of the Department of 
     Homeland Security, and of which $390,000,000, of which''.

                                 ______
                                 
  SA 1465. Mr. MERKLEY submitted an amendment intended to be proposed 
by him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. PROHIBITION ON EXPORTS OF LIQUEFIED NATURAL GAS 
                   AND CRUDE OIL TO CERTAIN COUNTRIES.

       (a) Prohibitions.--Notwithstanding any other provision of 
     law, unless a waiver has been issued under subsection (b), no 
     person or entity may export liquefied natural gas or crude 
     oil--
       (1) to any entity that is under the ownership or control of 
     the Chinese Communist Party, the People's Republic of China, 
     the Russian Federation, the Democratic People's Republic of 
     Korea, or the Islamic Republic of Iran; or
       (2) except on the condition that such liquefied natural gas 
     or crude oil will not be exported to the People's Republic of 
     China, the Russian Federation, the Democratic People's 
     Republic of Korea, or the Islamic Republic of Iran.
       (b) Waiver.--
       (1) In general.--On application by an exporter, the 
     Secretary of Energy may waive, prior to the date of the 
     applicable contract, the prohibitions described in subsection 
     (a) with respect to the sale of liquefied natural gas or 
     crude oil.
       (2) Requirement.--The Secretary of Energy may issue a 
     waiver under this subsection only if the Secretary of Energy 
     determines that the waiver is in the interest of the national 
     security of the United States.
       (3) Applications.--An exporter seeking a waiver under this 
     subsection shall submit to the Secretary of Energy an 
     application by such date, in such form, and containing such 
     information as the Secretary of Energy may require.
       (4) Notice to congress.--Not later than 15 days after 
     issuing a waiver under this subsection, the Secretary of 
     Energy shall provide a copy of the waiver to the Committee on 
     Energy and Natural Resources of the Senate and the Committee 
     on Energy and Commerce of the House of Representatives.
                                 ______
                                 
  SA 1466. Mr. CARDIN (for himself and Mr. Whitehouse) submitted an 
amendment intended to be proposed to amendment SA 1388 submitted by 
Mrs. Murray (for herself and Mr. Schumer) submitted to be proposed to 
the bill H.R. 815, to amend title 38, United States Code, to make 
certain improvements relating to the eligibility of veterans to receive 
reimbursement for emergency treatment furnished through the Veterans 
Community Care program, and for other purposes; which was ordered to 
lie on the table; as follows:

        At the end, add the following:

    DIVISION C--REBUILDING ECONOMIC PROSPERITY AND OPPORTUNITY FOR 
                             UKRAINIANS ACT

     SEC. 4001. SHORT TITLE.

       This division may be cited as the ``Rebuilding Economic 
     Prosperity and Opportunity for Ukrainians Act'' or the ``REPO 
     for Ukrainians Act''.

     SEC. 4002. DEFINITIONS.

       In this division:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations and the Committee on 
     Banking, Housing, and Urban Affairs of the Senate; and
       (B) the Committee on Foreign Affairs and the Committee on 
     Financial Services of the House of Representatives.
       (2) G7.--The term ``G7'' means the countries that are 
     members of the informal Group of 7, including Canada, France, 
     Germany, Italy, Japan, the United Kingdom, and the United 
     States.
       (3) Russian sovereign asset.--The term ``Russian sovereign 
     asset'' means funds and other property of--
       (A) the Central Bank of the Russian Federation;
       (B) the National Wealth Fund of the Russian Federation; or
       (C) the Ministry of Finance of the Russian Federation.
       (4) United states.--The term ``United States'' means the 
     several States, the District of Columbia, the Commonwealth of 
     Puerto Rico, the Commonwealth of the Northern Mariana 
     Islands, American Samoa, Guam, the United States Virgin 
     Islands, and any other territory or possession of the United 
     States.

 TITLE I--SEIZURE, TRANSFER, CONFISCATION, AND REPURPOSING OF RUSSIAN 
                            SOVEREIGN ASSETS

     SEC. 4101. FINDINGS; SENSE OF CONGRESS.

       (a) Findings.--Congress makes the following findings:
       (1) On February 20, 2014, the Government of the Russian 
     Federation violated the sovereignty and territorial integrity 
     of Ukraine by engaging in a pre-meditated and illegal 
     invasion of Ukraine.
       (2) On February 24, 2022, the Government of the Russian 
     Federation violated the sovereignty and territorial integrity 
     of Ukraine by engaging in a pre-meditated, second illegal 
     invasion of Ukraine.
       (3) The international community has condemned the illegal 
     invasions of Ukraine by the Russian Federation, as well as 
     the commission of war crimes by the Russian Federation, 
     including through the deliberate targeting of civilians and 
     civilian infrastructure, the commission of sexual violence, 
     and the forced deportation of Ukrainian children.
       (4) The leaders of the G7 have called the Russian 
     Federation's ``unprovoked and completely unjustified attack 
     on the democratic state of Ukraine'' a ``serious violation of 
     international law and a grave breach of the United Nations 
     Charter and all commitments Russia entered in the Helsinki 
     Final Act and the Charter of Paris and its commitments in the 
     Budapest Memorandum''.
       (5) On March 2, 2022, the United Nations General Assembly 
     adopted Resolution ES-11/1, entitled ``Aggression against 
     Ukraine'', by a vote of 141 to 5. That resolution 
     ``deplore[d] in the strongest terms the aggression by the 
     Russian Federation against Ukraine in violation of Article 
     2(4) of the [United Nations] Charter'' and demanded that the 
     Russian Federation ``immediately cease its use of force 
     against Ukraine'' and ``immediately, completely and 
     unconditionally withdraw all of its military forces from the 
     territory of Ukraine within its internationally recognized 
     borders''.
       (6) On March 16, 2022, the International Court of Justice 
     issued provisional measures ordering the Russian Federation 
     to ``immediately suspend the military operations that it 
     commenced on 24 February 2022 in the territory of Ukraine''.
       (7) The Russian Federation bears international legal 
     responsibility for its aggression against Ukraine and, under 
     international law, must cease its internationally wrongful 
     acts. Because of this breach of the prohibition on aggression 
     under international law, the United States is legally 
     entitled to take countermeasures that are proportionate and 
     aimed at inducing the Russian Federation to comply with its 
     international obligations.
       (8) On November 14, 2022, the United Nations General 
     Assembly adopted a resolution--
       (A) recognizing that the Russian Federation must bear the 
     legal consequences of all of its internationally wrongful 
     acts, including making reparation for the injury, including 
     any damage, caused by such acts;
       (B) recognizing the need for the establishment of an 
     international mechanism for reparation for damage, loss, or 
     injury caused by the Russian Federation in or against 
     Ukraine; and
       (C) recommending creation of an international register of 
     such damage, loss, or injury.
       (9) Under international law, a country that is responsible 
     for an internationally wrongful act is under an obligation to 
     make full reparation for the injury caused. The Russian 
     Federation bears such an obligation to compensate Ukraine.
       (10) Approximately $300,000,000,000 of Russian sovereign 
     assets have been immobilized worldwide. Only a small fraction 
     of those assets--1 to 2 percent, or between $4,000,000,000 
     and $5,000,000,000--are reportedly subject to the 
     jurisdiction of the United States.
       (11) The vast majority of immobilized Russian sovereign 
     assets, approximately $190,000,000,000, are reportedly 
     subject to the jurisdiction of Belgium. The Government of 
     Belgium has publicly indicated that any action by that 
     Government regarding those assets would be predicated on 
     support by the G7.
       (b) Sense of Congress.--It is the sense of Congress that, 
     having committed an act of aggression, as recognized by the 
     United Nations General Assembly on March 2, 2022, the Russian 
     Federation is to be considered as an

[[Page S609]]

     aggressor state. The internationally wrongful acts taken by 
     the Russian Federation, including an act of aggression, 
     present a unique situation justifying the establishment of a 
     mechanism to compensate Ukraine and victims of aggression by 
     the Russian Federation in Ukraine.

     SEC. 4102. SENSE OF CONGRESS REGARDING IMPORTANCE OF THE 
                   RUSSIAN FEDERATION PROVIDING COMPENSATION TO 
                   UKRAINE.

       It is the sense of Congress that--
       (1) the Russian Federation bears responsibility for the 
     financial burden of the reconstruction of Ukraine and for 
     countless other costs associated with the illegal invasion of 
     Ukraine by the Russian Federation that began on February 24, 
     2022;
       (2) in the absence of a comprehensive peace agreement 
     addressing the Russian Federation's obligation to compensate 
     Ukraine for the cost of the Russian Federation's unlawful war 
     against Ukraine, the amount of money the Russian Federation 
     must pay Ukraine should be assessed by an international body 
     or mechanism charged with determining compensation and 
     providing assistance to Ukraine;
       (3) the Russian Federation is on notice of its opportunity 
     to comply with its international obligations, including 
     compensation, or, by agreement with the government of 
     independent Ukraine, authorize an international body or 
     mechanism to address those outstanding obligations with 
     authority to make binding decisions on parties that comply in 
     good faith;
       (4) the Russian Federation can, by negotiated agreement, 
     participate in any international process to assess the full 
     cost of the Russian Federation's unlawful war against Ukraine 
     and make funds available to compensate for damage, loss, and 
     injury arising from its internationally wrongful acts in 
     Ukraine, and if it fails to do so, the United States and 
     other countries should explore other avenues for ensuring 
     compensation to Ukraine, including confiscation and 
     repurposing of assets of the Russian Federation;
       (5) the President should continue to lead robust engagement 
     on all bilateral and multilateral aspects of the response by 
     the United States to efforts by the Russian Federation to 
     undermine the sovereignty and territorial integrity of 
     Ukraine, including on any policy coordination and alignment 
     regarding the disposition of Russian sovereign assets in the 
     context of compensation; and
       (6) any effort by the United States to confiscate and 
     repurpose Russian sovereign assets should be undertaken 
     alongside international allies and partners as part of a 
     coordinated, multilateral effort, including with G7 
     countries, the European Union, Australia, and other countries 
     in which Russian sovereign assets are located.

     SEC. 4103. PROHIBITION ON LIFTING SANCTIONS ON IMMOBILIZED 
                   RUSSIAN SOVEREIGN ASSETS.

       (a) In General.--Notwithstanding any other provision of 
     law, no Russian sovereign asset that is blocked or 
     immobilized by the Department of the Treasury pursuant to 
     sanctions imposed before the date described in section 
     4104(h) may be released or mobilized until the President 
     certifies to the appropriate congressional committees in 
     writing that--
       (1) the Russian Federation has reached an agreement 
     relating to the respective withdrawal of Russian forces and 
     cessation of military hostilities that is accepted by the 
     free and independent Government of Ukraine; and
       (2)(A) full compensation has been made to Ukraine for harms 
     resulting from the invasion of Ukraine by the Russian 
     Federation; or
       (B) the Russian Federation is participating in a bona fide 
     international mechanism that, by agreement, will discharge 
     the obligations of the Russian Federation to compensate 
     Ukraine for all amounts determined to be owed to Ukraine.
       (b) Notification.--Not later than 30 days before the 
     lifting of sanctions with respect to Russian sovereign assets 
     as described in subsection (a), the President shall submit to 
     the appropriate congressional committees--
       (1) a written notification of the decision to lift the 
     sanctions; and
       (2) a justification in writing for lifting the sanctions.
       (c) Joint Resolution of Disapproval.--
       (1) In general.--Sanctions may not be lifted with respect 
     to Russian sovereign assets as described in subsection (a) 
     if, within 30 days of receipt of the notification and 
     justification required under subsection (b), a joint 
     resolution is enacted prohibiting the lifting of the 
     sanctions.
       (2) Expedited procedures.--Any joint resolution described 
     in paragraph (1) introduced in either House of Congress shall 
     be considered in accordance with the provisions of section 
     601(b) of the International Security Assistance and Arms 
     Export Control Act of 1976 (Public Law 94-329; 90 Stat. 765), 
     except that any such resolution shall be subject to germane 
     amendments. If such a joint resolution should be vetoed by 
     the President, the time for debate in consideration of the 
     veto message on such measure shall be limited to 20 hours in 
     the Senate and in the House of Representatives shall be 
     determined in accordance with the Rules of the House.
       (d) Cooperation on Prohibition of Lifting Sanctions on 
     Certain Russian Sovereign Assets.--The President may take 
     such action as may be necessary to seek to obtain and enter 
     into an agreement between the United States, Ukraine, and 
     other countries that have blocked or immobilized Russian 
     sovereign assets to prohibit such assets from being released 
     or mobilized until there is an agreement that addresses the 
     Russian Federation's obligation to compensate Ukraine.

     SEC. 4104. AUTHORITY TO SEIZE, CONFISCATE, TRANSFER, AND VEST 
                   RUSSIAN SOVEREIGN ASSETS.

       (a) Reporting on Russian Sovereign Assets.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and annually thereafter until the 
     date described in subsection (h), the President shall submit 
     to the appropriate congressional committees a report 
     detailing the status of Russian sovereign assets subject to 
     the jurisdiction of the United States, including the 
     information with respect to such assets required to be 
     included with respect to property in the reports required by 
     Directive 4.
       (2) Continuation in effect of reporting requirements.--Any 
     requirement to submit reports under Directive 4 shall remain 
     in effect until the date described in subsection (h).
       (3) Form.--Each report required by paragraph (1) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (4) Directive 4 defined.--In this subsection, the term 
     ``Directive 4'' means Directive 4 issued by the Office of 
     Foreign Assets Control under Executive Order 14024 (50 U.S.C. 
     1701 note; relating to blocking property with respect to 
     specified harmful foreign activities of the Government of the 
     Russian Federation), as in effect on the date of the 
     enactment of this Act.
       (b) Seizure, Transfer, Vesting, and Confiscation.--
       (1) In general.--On and after the date that is 30 days 
     after the President submits to the appropriate congressional 
     committees the certification described in subsection (c), the 
     President may seize, confiscate, transfer, or vest any 
     Russian sovereign assets, in whole or in part, and including 
     any interest or interests in such assets, subject to the 
     jurisdiction of the United States.
       (2) Vesting.--For funds confiscated under paragraph (1), 
     all right, title, and interest in Russian sovereign assets 
     shall vest in the Government of the United States.
       (3) Liquidation and deposit.--The President may--
       (A) deposit any funds seized, transferred, or confiscated 
     under paragraph (1) into the Ukraine Support Fund established 
     under subsection (d);
       (B) liquidate or sell any other property seized, 
     transferred, or confiscated under paragraph (1) and deposit 
     the funds resulting from such liquidation or sale into the 
     Ukraine Support Fund; and
       (C) make all such funds available for the purposes 
     described in subsection (e).
       (4) Method of seizure, transfer, or confiscation.--The 
     President may seize, transfer, or confiscate Russian 
     sovereign assets under paragraph (1) through instructions or 
     licenses or in such other manner as the President determines 
     appropriate.
       (c) Certification.--The certification described in this 
     subsection, with respect to Russian sovereign assets, is a 
     certification that--
       (1) seizing, confiscating, or transferring the Russian 
     sovereign assets for the benefit of Ukraine is in the 
     national interests of the United States;
       (2) either--
       (A) the Russian Federation has not ceased its unlawful 
     aggression against Ukraine; or
       (B) the Russian Federation has not provided full 
     compensation to Ukraine for harms resulting from Russian 
     aggression; and
       (3) the President has meaningfully coordinated with G7 
     leaders to take multilateral action with regard to any 
     seizure, confiscation, or transfer of Russian sovereign 
     assets for the benefit of Ukraine.
       (d) Establishment of the Ukraine Support Fund.--
       (1) In general.--The President shall establish an account, 
     to be known as the ``Ukraine Support Fund'', to consist of 
     funds deposited into the account under subsection (b).
       (2) Use of funds.--The funds in the account established 
     under paragraph (1) shall be available to be used only as 
     specified in subsection (e).
       (3) Supplement not supplant.--Amounts in the account 
     established under paragraph (1) shall supplement and not 
     supplant other amounts made available to provide assistance 
     to Ukraine.
       (e) Use of Assets.--
       (1) In general.--Subject to paragraphs (2), (3), and (4), 
     funds in the Ukraine Support Fund shall be available to the 
     Secretary of State, in consultation with the Administrator of 
     the United States Agency for International Development, to 
     provide assistance to Ukraine to address damage resulting 
     from the unlawful invasion by the Russian Federation that 
     began on February 24, 2022, including through contributions 
     to an international body or mechanism charged with 
     determining compensation and providing assistance to Ukraine.
       (2) Coordination with foreign assistance funds.--
       (A) In general.--Funds in the Ukraine Support Fund may be 
     transferred to, and merged with, funds made available to 
     carry out any provision of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2151 et seq.) to carry out the purposes of this 
     section, except that funds from the Ukraine Support Fund 
     shall remain available until expended. Any funds transferred 
     pursuant to this subparagraph

[[Page S610]]

     may be considered foreign assistance under the Foreign 
     Assistance Act of 1961 for purposes of making available the 
     administrative authorities in that Act.
       (B) Use for direct loans.--Notwithstanding section 504(b) 
     of the Congressional Budget Act of 1974 (2 U.S.C. 661c(b)), 
     funds in the Ukraine Support Fund may be made available, 
     subject to such terms and conditions as the Secretary of 
     State deems necessary, for the principal for direct loans for 
     Ukraine and costs, as defined in section 502 of the 
     Congressional Budget Act of 1974 (2 U.S.C. 661a), of such 
     loans.
       (3) Notification.--
       (A) In general.--The Secretary of State shall notify the 
     appropriate congressional committees not fewer than 15 days 
     before providing any funds from the Ukraine Support Fund to 
     the Government of Ukraine or to any other person or 
     international organization for the purposes described in 
     paragraph (1), other than funds authorized to be provided as 
     assistance under section 491 of the Foreign Assistance Act of 
     1961 (22 U.S.C. 2292).
       (B) Elements.--A notification under subparagraph (A) with 
     respect to the provision of funds to the Government of 
     Ukraine shall specify--
       (i) the amount of funds to be provided;
       (ii) the purpose for which such funds are provided; and
       (iii) the recipient.
       (4) Prohibition of provision of funds to the russian 
     federation or sanctioned persons.--Notwithstanding any other 
     provision of law, funds from the Ukraine Support Fund may not 
     under any circumstances be provided to--
       (A) the Government of the Russian Federation;
       (B) a foreign person with respect to which the United 
     States has imposed sanctions;
       (C) a foreign person owned or controlled by--
       (i) the Government of the Russian Federation;
       (ii) a Russian person with respect to which the United 
     States has imposed sanctions; or
       (D) any person in which the Government of the Russian 
     Federation or a person described in subparagraph (B) has a 
     direct or indirect interest; or
       (E) any person that may act in the interest of the 
     Government of the Russian Federation.
       (f) Judicial Review.--
       (1) Exclusiveness of remedy.--Notwithstanding any other 
     provision of law, any action taken under this section shall 
     not be subject to judicial review, except as provided in this 
     subsection.
       (2) Limitations for filing claims.--A claim may only be 
     brought with respect to an action under this section--
       (A) that alleges that the action will deny rights under the 
     Constitution of the United States; and
       (B) if the claim is brought not later than 60 days after 
     the date of such action.
       (3) Jurisdiction.--
       (A) In general.--A claim under paragraph (2) of this 
     subsection shall be barred unless a complaint is filed prior 
     to the expiration of such time limits in the United States 
     District Court for the District of Columbia.
       (B) Appeal.--An appeal of an order of the United States 
     District Court for the District of Columbia issued pursuant 
     to a claim brought under this subsection shall be taken by a 
     notice of appeal filed with the United States Court of 
     Appeals for the District of Columbia Circuit not later than 
     10 days after the date on which the order is entered.
       (C) Expedited consideration.--It shall be the duty of the 
     United States District Court for the District of Columbia and 
     the United States Court of Appeals for the District of 
     Columbia Circuit to advance on the docket and to expedite to 
     the greatest possible extent the disposition of any claim 
     brought under this subsection.
       (g) Exception for United States Obligations Under 
     International Agreements.--The authorities provided by this 
     section may not be exercised in a manner inconsistent with 
     the obligations of the United States under--
       (1) the Convention on Diplomatic Relations, done at Vienna 
     April 18, 1961, and entered into force April 24, 1964 (23 UST 
     3227);
       (2) the Convention on Consular Relations, done at Vienna 
     April 24, 1963, and entered into force on March 19, 1967 (21 
     UST 77);
       (3) the Agreement Regarding the Headquarters of the United 
     Nations, signed at Lake Success June 26, 1947, and entered 
     into force November 21, 1947 (TIAS 1676); or
       (4) any other international agreement--
       (A) governing the use of force or establishing rights under 
     international humanitarian law; and
       (B) to which the United States is a state party on the day 
     before the date of the enactment of this Act.
       (h) Sunset.--The authority to seize, transfer, confiscate, 
     or vest Russian sovereign assets under this section shall 
     terminate on the earlier of--
       (1) the date that is 6 years after the date of the 
     enactment of this Act; or
       (2) the date that is 120 days after the date on which the 
     President determines and certifies to the appropriate 
     congressional committees that--
       (A) the Russian Federation has reached an agreement 
     relating to the respective withdrawal of Russian forces and 
     cessation of military hostilities that is accepted by the 
     free and independent Government of Ukraine; and
       (B)(i) full compensation has been made to Ukraine for harms 
     resulting from the invasion of Ukraine by the Russian 
     Federation;
       (ii) the Russian Federation is participating in a bona fide 
     international mechanism that, by agreement, addresses the 
     obligations of the Russian Federation to compensate Ukraine; 
     or
       (iii) the Russian Federation's obligation to compensate 
     Ukraine for the damage caused by the Russian Federation's 
     aggression has been resolved pursuant to an agreement between 
     the Russian Federation and the Government of Ukraine.

     SEC. 4105. INTERNATIONAL MECHANISM TO USE RUSSIAN SOVEREIGN 
                   ASSETS TO PROVIDE FOR THE RECONSTRUCTION OF 
                   UKRAINE.

       (a) In General.--The President shall take steps the 
     President determines are appropriate to coordinate with the 
     G7, the European Union, Australia, and other partners and 
     allies of the United States regarding the disposition of 
     immobilized Russian sovereign assets, such as by seeking to 
     establish a coordinated international compensation mechanism 
     with foreign partners, including Ukraine, the G7, the 
     European Union, Australia, and other partners and allies of 
     the United States, which may include the establishment of an 
     international fund, to be known as the ``Common Ukraine 
     Fund'', that uses assets in the Ukraine Support Fund 
     established under section 4104(d) and contributions from 
     foreign partners to allow for compensation for Ukraine, 
     including by--
       (1) supporting a register of damage to serve as a record of 
     evidence and for assessment of the full costs of damages to 
     Ukraine resulting from the invasion of Ukraine by the Russian 
     Federation that began on February 24, 2022;
       (2) establishing a mechanism for compensating Ukraine for 
     damages resulting from that invasion;
       (3) ensuring distribution of those assets or the proceeds 
     of those assets based on determinations under that mechanism; 
     and
       (4) taking such other actions as may be necessary to carry 
     out this section.
       (b) Authorization for Deposit.--Upon the President reaching 
     an agreement or arrangement to establish a common 
     international compensation mechanism pursuant to subsection 
     (a), the Secretary of State may transfer funds from the 
     Ukraine Support Fund established under section 4104(d) to a 
     fund or mechanism established consistent with subsection (a).
       (c) Notifications.--
       (1) Agreement or arrangement.--The President shall notify 
     the appropriate congressional committees not later than 30 
     days before entering into any new bilateral or multilateral 
     agreement or arrangement under subsection (a).
       (2) Transfer.--The President shall notify the appropriate 
     congressional committees not later than 30 days before any 
     transfer from the Ukraine Support Fund to a fund established 
     consistent with subsection (a).
       (d) Good Governance.--The Secretary of State, in 
     consultation with the Secretary of the Treasury, shall--
       (1) seek to ensure that any fund or mechanism established 
     consistent with subsection (a) operates in accordance with 
     established international accounting principles;
       (2) seek to ensure that any such fund or mechanism is--
       (A) staffed, operated, and administered in accordance with 
     established accounting rules and governance procedures, 
     including a mechanism for the governance and operation of the 
     fund or mechanism;
       (B) operated transparently as to all funds transfers, 
     filings, and decisions; and
       (C) audited on a regular basis by an independent auditor, 
     in accordance with internationally accepted accounting and 
     auditing standards;
       (3) seek to ensure that any audits of any such fund or 
     mechanism are made available to the public; and
       (4) ensure that any audits of any such fund or mechanism 
     are reviewed and reported on by the Government Accountability 
     Office to the appropriate congressional committees and the 
     public.
       (e) Limitation on Transfer of Funds.--No funds may be 
     transferred from the Ukraine Support Fund to a fund or 
     mechanism established consistent with subsection (a) unless 
     the President certifies to the appropriate congressional 
     committees that--
       (1) the institution housing the fund or mechanism has a 
     plan to ensure transparency and accountability for all funds 
     transferred to and from the Common Ukraine Fund; and
       (2) the President has transmitted the plan required under 
     paragraph (1) to the appropriate congressional committees in 
     writing.
       (f) Joint Resolution of Disapproval.--No funds may be 
     transferred from the Ukraine Support Fund to a fund or 
     mechanism established consistent with subsection (a) if, 
     within 30 days of receipt of the notification required under 
     subsection (c)(2), a joint resolution is enacted prohibiting 
     the transfer.
       (g) Report.--Not later than 90 days after the date of the 
     enactment of this Act, and not less frequently than every 90 
     days thereafter, the President shall submit to the 
     appropriate congressional committees a report that includes 
     the following:
       (1) An accounting of funds in any fund or mechanism 
     established consistent with subsection (a).
       (2) Any information regarding the disposition of any such 
     fund or mechanism that has been transmitted to the President 
     by the institution housing the fund or mechanism during the 
     period covered by the report.

[[Page S611]]

       (3) A description of United States multilateral and 
     bilateral diplomatic engagement with allies and partners of 
     the United States that also have immobilized Russian 
     sovereign assets to allow for compensation for Ukraine during 
     the period covered by the report.
       (4) An outline of steps taken to carry out this section 
     during the period covered by the report.

     SEC. 4106. REPORT ON USE OF RUSSIAN SOVEREIGN ASSETS.

       Not later than 90 days after the date of the enactment of 
     this Act, and every 180 days thereafter, the Secretary of 
     State, in consultation with the Secretary of the Treasury, 
     shall submit to the appropriate congressional committees a 
     report that contains--
       (1) the amount and source of Russian sovereign assets 
     seized, transferred, or confiscated pursuant to subsection 
     (b)(1) of section 4104;
       (2) the amount and source of funds transferred into the 
     Ukraine Support Fund under subsection (b)(3) of that section; 
     and
       (3) a detailed description and accounting of how such funds 
     were used to meet the purposes described in subsection (e) of 
     that section.

     SEC. 4107. REPORT ON IMMOBILIZED ASSETS OF THE CENTRAL BANK 
                   OF THE RUSSIAN FEDERATION.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of the Treasury, in 
     consultation with the Board of Governors of the Federal 
     Reserve, the Federal Deposit Insurance Corporation, the 
     Office of the Comptroller of the Currency, the National 
     Credit Union Administration, the Securities and Exchange 
     Commission, and the Commodity Futures Trading Commission, 
     shall submit to the appropriate congressional committees a 
     report that includes--
       (1) the best available accounting of the location, value, 
     and denomination of blocked and immobilized assets of the 
     Central Bank of the Russian Federation, as well as any 
     additional assets of that bank held outside of the Russian 
     Federation;
       (2) with respect to blocked and immobilized assets of the 
     Central Bank of the Russian Federation--
       (A) a break down of those assets by the country or 
     jurisdiction in which such assets are located;
       (B) an estimate of the value and denomination of the assets 
     held in each such country or jurisdiction; and
       (C) an identification of whether those assets are 
     securities, deposits, or other assets;
       (3) an estimate, to the extent feasible, of--
       (A) the total income received from those assets since the 
     dates that the assets were blocked or immobilized; and
       (B) the approximate amounts of those assets that are 
     securities and have matured or expired; and
       (4) an assessment of--
       (A) what may have happened to the securities described in 
     paragraph (3)(B); and
       (B) how the funds from maturing securities have been 
     reinvested and the associated income flows.
       (b) Addressing Uncertainty.--In preparing the report 
     required by subsection (a), the Secretary shall--
       (1) where exact figures are uncertain, provide approximate 
     ranges for those figures; and
       (2) identify areas of uncertainty or gaps in accounting, 
     including areas where the Central Bank of the Russian 
     Federation may have additional assets outside of the Russian 
     Federation.
       (c) Coordination With Allies.--The Secretary shall work 
     with the G7 and other allies of the United States to obtain 
     the information necessary to ensure that the report submitted 
     under subsection (a) is comprehensive. A joint report by the 
     Secretary and such allies shall satisfy the requirements of 
     this subsection.
       (d) Form.--
       (1) In general.--The report required by subsection (a) 
     shall be submitted in unclassified form, but may include a 
     classified annex.
       (2) Focus on public availability of information.--In 
     preparing the report required by subsection (a), the 
     Secretary shall maximize the amount of information that is 
     included in the unclassified portion of the report.

     SEC. 4108. ASSESSMENT BY SECRETARY OF STATE AND ADMINISTRATOR 
                   OF UNITED STATES AGENCY FOR INTERNATIONAL 
                   DEVELOPMENT ON RECONSTRUCTION AND REBUILDING 
                   NEEDS OF UKRAINE.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State, in 
     consultation with the Secretary of the Treasury and 
     Administrator of the United States Agency for International 
     Development, shall submit to the appropriate congressional 
     committees an assessment of the most pressing needs of 
     Ukraine for reconstruction, rebuilding, security assistance, 
     and humanitarian aid.
       (b) Elements.--The assessment required by subsection (a) 
     shall include the following:
       (1) An estimate of the rebuilding and reconstruction needs 
     of Ukraine, as of the date of the assessment, resulting from 
     the unlawful invasion of Ukraine by the Russian Federation, 
     including--
       (A) a description of the sources and methods for the 
     estimate; and
       (B) an identification of the locations or regions in 
     Ukraine with the most pressing needs.
       (2) An estimate of the humanitarian needs, as of the date 
     of the assessment, of the people of Ukraine, including 
     Ukrainians residing inside the internationally recognized 
     borders of Ukraine or outside those borders, resulting from 
     the unlawful invasion of Ukraine by the Russian Federation.
       (3) An assessment of the extent to which the needs 
     described in paragraphs (1) and (2) have been met or funded, 
     by any source, as of the date of the assessment.
       (4) A plan to engage in robust multilateral and bilateral 
     diplomacy to ensure that allies and partners of the United 
     States, particularly in the European Union as Ukraine seeks 
     accession, increase their commitment to Ukraine's 
     reconstruction.
       (5) An identification of which such needs should be 
     prioritized, including any assessment or request by the 
     Government of Ukraine with respect to the prioritization of 
     such needs.

     SEC. 4109. EXCEPTION RELATING TO IMPORTATION OF GOODS.

       (a) In General.--The authorities and requirements under 
     this title shall not include the authority or a requirement 
     to impose sanctions on the importation of goods.
       (b) Good Defined.--In this section, the term ``good'' means 
     any article, natural or manmade substance, material, supply, 
     or manufactured product, including inspection and test 
     equipment, and excluding technical data.

TITLE II--MULTILATERAL COORDINATION AND COUNTERING MALIGN ACTIVITIES OF 
                         THE RUSSIAN FEDERATION

     SEC. 4201. STATEMENT OF POLICY REGARDING MULTILATERAL 
                   COORDINATION WITH RESPECT TO THE RUSSIAN 
                   FEDERATION.

       (a) In General.--In response to the Russian Federation's 
     unprovoked and illegal invasion of Ukraine, it is the policy 
     of the United States that--
       (1) the United States, along with the European Union, the 
     G7, Australia, and other willing allies and partners of the 
     United States, should continue to lead a coordinated 
     international sanctions regime to freeze sovereign assets of 
     the Russian Federation;
       (2) the Secretary of State should continue to engage in 
     interagency and multilateral coordination with agencies of 
     the European Union, the G7, Australia, and other allies and 
     partners of the United States on efforts related to 
     countering the Russian Federation, including efforts related 
     to the confiscation and repurposing of Russian sovereign 
     assets, as well as to ensure the ongoing implementation and 
     enforcement of sanctions with respect to the Russian 
     Federation in response to its invasion of Ukraine;
       (3) the Secretary of State, in consultation with the 
     Secretary of the Treasury, should, to the extent practicable 
     and consistent with relevant United States law, continue to 
     lead and coordinate with the European Union, the G7, 
     Australia, and other allies and partners of the United States 
     with respect to enforcement of sanctions imposed with respect 
     to the Russian Federation;
       (4) the United States should continue to provide relevant 
     technical assistance, implementation guidance, and support 
     relating to enforcement and implementation of sanctions 
     imposed with respect to the Russian Federation;
       (5) where appropriate, the Secretary of State, in 
     consultation with the Secretary of the Treasury, should 
     continue to seek private sector input regarding sanctions 
     policy with respect to the Russian Federation and the 
     implementation of and compliance with such sanctions imposed 
     with respect to the Russian Federation; and
       (6) the Secretary of State, in coordination with the 
     Secretary of the Treasury, should continue robust diplomatic 
     engagement with allies and partners of the United States, 
     including the European Union, the G7, and Australia, to 
     encourage such allies and partners to continue to take 
     appropriate actions against the Russian Federation, including 
     the imposition of sanctions.
       (b) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     the Secretary of State $15,000,000 for each of fiscal years 
     2025, 2026, and 2027, to carry out this section.
       (2) Supplement not supplant.--The amounts authorized to be 
     appropriated by paragraph (1) shall supplement and not 
     supplant other amounts authorized to be appropriated for the 
     Department of State.

     SEC. 4202. INFORMATION ON VOTING PRACTICES IN THE UNITED 
                   NATIONS WITH RESPECT TO THE INVASION OF UKRAINE 
                   BY THE RUSSIAN FEDERATION.

       Section 406(b) of the Foreign Relations Authorization Act, 
     Fiscal Years 1990 and 1991 (22 U.S.C. 2414a(b)), is amended--
       (1) in paragraph (4), by striking ``Assembly on'' and all 
     that follows through ``opposed by the United States;'' and 
     inserting the following: ``Assembly on--
       ``(A) resolutions specifically related to Israel that are 
     opposed by the United States; and
       ``(B) resolutions specifically related to the invasion of 
     Ukraine by the Russian Federation;'';
       (2) in paragraph (5), by striking ``; and'' and inserting a 
     semicolon;
       (3) by redesignating paragraph (6) as paragraph (7); and
       (4) by inserting after paragraph (5) the following:
       ``(6) an analysis and discussion, prepared in consultation 
     with the Secretary of State, of the extent to which member 
     countries supported United States policy objectives in the

[[Page S612]]

     Security Council and the General Assembly with respect to the 
     invasion of Ukraine by the Russian Federation; and''.

     SEC. 4203. EXPANSION OF FORFEITED PROPERTY AVAILABLE TO 
                   REMEDIATE HARMS TO UKRAINE FROM RUSSIAN 
                   AGGRESSION.

       (a) In General.--Section 1708 of the Additional Ukraine 
     Supplemental Appropriations Act, 2023 (division M of Public 
     Law 117-328; 136 Stat. 5200) is amended--
       (1) in subsection (a), by inserting ``from any forfeiture 
     fund'' after ``The Attorney General may transfer''; and
       (2) in subsection (c)--
       (A) in paragraph (2), by striking ``which property 
     belonged'' and all that follows and inserting the following: 
     ``which property--
       ``(A) belonged to, was possessed by, or was controlled by a 
     person the property or interests in property of which were 
     blocked pursuant to any covered legal authority;
       ``(B) was involved in an act in violation of, or a 
     conspiracy or scheme to violate or cause a violation of--
       ``(i) any covered legal authority; or
       ``(ii) any restriction on the export, reexport, or in-
     country transfer of items imposed by the United States under 
     the Export Administration Regulations, or any restriction on 
     the export, reexport, or retransfer of defense articles under 
     the International Traffic in Arms Regulations under 
     subchapter M of chapter I of title 22, Code of Federal 
     Regulations, with respect to--

       ``(I) the Russian Federation, Belarus, the Crimea region of 
     Ukraine, or the so-called Donetsk and Luhansk People's 
     Republic regions of Ukraine;
       ``(II) any person in any such country or region on a 
     restricted parties list; or
       ``(III) any person located in any other country that has 
     been added to a restricted parties list in connection with 
     the malign conduct of the Russian Federation in Ukraine, 
     including the annexation of the Crimea region of Ukraine in 
     March 2014 and the invasion beginning in February 2022 of 
     Ukraine, as substantially enabled by Belarus; or

       ``(C) was involved in any related conspiracy, scheme, or 
     other Federal offense arising from the actions of, or doing 
     business with or acting on behalf of, the Russian Federation, 
     Belarus, or the Crimea region of Ukraine, or the so-called 
     Donetsk and Luhansk People's Republic regions of Ukraine.''; 
     and
       (B) by adding at the end the following:
       ``(3) The term `covered legal authority' means any license, 
     order, regulation, or prohibition imposed by the United 
     States under the authority provided by the International 
     Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or any 
     other provision of law, with respect to--
       ``(A) the Russian Federation;
       ``(B) the national emergency--
       ``(i) declared in Executive Order 13660 (50 U.S.C. 1701 
     note; relating to blocking property of certain persons 
     contributing to the situation in Ukraine);
       ``(ii) expanded by--

       ``(I) Executive Order 13661 (50 U.S.C. 1701 note; relating 
     to blocking property of additional persons contributing to 
     the situation in Ukraine); and
       ``(II) Executive Order 13662 (50 U.S.C. 1701 note; relating 
     to blocking property of additional persons contributing to 
     the situation in Ukraine); and

       ``(iii) relied on for additional steps taken in Executive 
     Order 13685 (50 U.S.C. 1701 note; relating to blocking 
     property of certain persons and prohibiting certain 
     transactions with respect to the Crimea region of Ukraine);
       ``(C) the national emergency, as it relates to the Russian 
     Federation--
       ``(i) declared in Executive Order 13694 (50 U.S.C. 1701 
     note; relating to blocking the property of certain persons 
     engaging in significant malicious cyber-enabled activities); 
     and
       ``(ii) relied on for additional steps taken in Executive 
     Order 13757 (50 U.S.C. 1701 note; relating to taking 
     additional steps to address the national emergency with 
     respect to significant malicious cyber-enabled activities);
       ``(D) the national emergency--
       ``(i) declared in Executive Order 14024 (50 U.S.C. 1701 
     note; relating to blocking property with respect to specified 
     harmful foreign activities of the Government of the Russian 
     Federation);
       ``(ii) expanded by Executive Order 14066 (50 U.S.C. 1701 
     note; relating to prohibiting certain imports and new 
     investments with respect to continued Russian Federation 
     efforts to undermine the sovereignty and territorial 
     integrity of Ukraine); and
       ``(iii) relied on for additional steps taken in--

       ``(I) Executive Order 14039 (22 U.S.C. 9526 note; relating 
     to blocking property with respect to certain Russian energy 
     export pipelines);
       ``(II) Executive Order 14068 (50 U.S.C. 1701 note; relating 
     to prohibiting certain imports, exports, and new investment 
     with respect to continued Russian Federation aggression); and
       ``(III) Executive Order 14071 (50 U.S.C. 1701 note; 
     relating to prohibiting new investment in and certain 
     services to the Russian Federation in response to continued 
     Russian Federation aggression); and

       ``(iv) which may be expanded or relied on in future 
     Executive orders; or
       ``(E) actions or policies that undermine the democratic 
     processes and institutions in Ukraine or threaten the peace, 
     security, stability, sovereignty, or territorial integrity of 
     Ukraine.
       ``(4) The term `Export Administration Regulations' has the 
     meaning given that term in section 1742 of the Export Control 
     Reform Act of 2018 (50 U.S.C. 4801).
       ``(5) The term `restricted parties list' means any of the 
     following lists maintained by the Bureau of Industry and 
     Security:
       ``(A) The Entity List set forth in Supplement No. 4 to part 
     744 of the Export Administration Regulations.
       ``(B) The Denied Persons List maintained pursuant to 
     section 764.3(a)(2) of the Export Administration Regulations.
       ``(C) The Unverified List set forth in Supplement No. 6 to 
     part 744 of the Export Administration Regulations.''.
       (b) Semiannual Reports.--Such section is further amended--
       (1) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively; and
       (2) by inserting after subsection (b) the following:
       ``(c) Not later than 180 days after the date of the 
     enactment of the Rebuilding Economic Prosperity and 
     Opportunity for Ukrainians Act, and every 180 days 
     thereafter, the Secretary of State, in consultation with the 
     Attorney General and the Secretary of the Treasury, shall 
     submit to the appropriate congressional committees a report 
     on progress made in remediating the harms of Russian 
     aggression toward Ukraine as a result of transfers made under 
     subsection (a).''.
       (c) Plan Required.--
       (1) In general.--Not later than 30 days after the date of 
     the enactment of this Act, the Attorney General, in 
     consultation with the Secretary of the Treasury and the 
     Secretary of State, shall submit to the appropriate 
     congressional committees a plan for using the authority 
     provided by section 1708 of the Additional Ukraine 
     Supplemental Appropriations Act, 2023, as amended by this 
     section.
       (2) Appropriate congressional committees defined.--In this 
     section, the term ``appropriate congressional committees'' 
     has the meaning given that term by section 1708 of the 
     Additional Ukraine Supplemental Appropriations Act, 2023, as 
     amended by this section.

     SEC. 4204. EXTENSIONS.

       (a) Section 5(a) of the Elie Wiesel Genocide and Atrocities 
     Prevention Act of 2018 (Public Law 115-441; 132 Stat. 5587) 
     is amended, in the matter preceding paragraph (1), by 
     striking ``six years'' and inserting ``12 years''.
       (b) Section 1287(j) of the National Defense Authorization 
     Act for Fiscal Year 2017 (Public Law 114-328; 22 U.S.C. 2656 
     note) is amended by striking ``on the date that is 8 years 
     after the date of the enactment of this Act'' and inserting 
     ``on September 30, 2029''.

     SEC. 4205. RECOGNITION OF RUSSIAN ACTIONS IN UKRAINE AS A 
                   GENOCIDE.

       (a) Findings.--Congress finds the following:
       (1) The Russian Federation's illegal, premeditated, 
     unprovoked, and brutal war against Ukraine includes 
     extensive, systematic, and flagrant atrocities against the 
     people of Ukraine.
       (2) Article II of the Convention on the Prevention and 
     Punishment of the Crime of Genocide (in this section referred 
     to as the ``Genocide Convention''), adopted and opened for 
     signature in 1948 and entered into force in 1951, defines 
     genocide as ``any of the following acts committed with intent 
     to destroy, in whole or in part, a national, ethnical, racial 
     or religious group, as such: (a) Killing members of the 
     group; (b) Causing serious bodily or mental harm to members 
     of the group; (c) Deliberately inflicting on the group 
     conditions of life calculated to bring about its physical 
     destruction in whole or in part; (d) Imposing measures 
     intended to prevent births within the group; (e) Forcibly 
     transferring children of the group to another group''.
       (3) On October 3, 2018, the Senate unanimously agreed to 
     Senate Resolution 435, 115th Congress, which commemorated the 
     85th anniversary of the Holodomor and ``recognize[d] the 
     findings of the Commission on the Ukraine Famine as submitted 
     to Congress on April 22, 1988, including that `Joseph Stalin 
     and those around him committed genocide against the 
     Ukrainians in 1932-1933' ''.
       (4) Substantial and significant evidence documents 
     widespread, systematic actions against the Ukrainian people 
     committed by Russian forces under the direction of political 
     leadership of the Russian Federation that meet one or more of 
     the criteria under article II of the Genocide Convention, 
     including--
       (A) killing members of the Ukrainian people in mass 
     atrocities through deliberate and regularized murders of 
     fleeing civilians and civilians in passing as well as 
     purposeful targeting of homes, schools, hospitals, shelters, 
     and other residential and civilian areas;
       (B) causing serious bodily or mental harm to members of the 
     Ukrainian people by launching indiscriminate attacks against 
     civilians and civilian areas, conducting willful strikes on 
     humanitarian evacuation corridors, and employing widespread 
     and systematic sexual violence against Ukrainian civilians, 
     including women, children, and men;
       (C) deliberately inflicting upon the Ukrainian people 
     conditions of life calculated to bring about their physical 
     destruction in whole or in part, including displacement due 
     to annihilated villages, towns, and cities left

[[Page S613]]

     devoid of food, water, shelter, electricity, and other basic 
     necessities, starvation caused by the destruction of 
     farmlands and agricultural equipment, the placing of Russian 
     landmines across thousands of acres of useable fields, and 
     blocking the delivery of humanitarian food aid;
       (D) imposing measures intended to prevent births among the 
     Ukrainian people, demonstrated by the Russian military's 
     expansive and direct targeting of maternity hospitals and 
     other medical facilities and systematic attacks against 
     residential and civilian areas as well as humanitarian 
     corridors intended to deprive Ukrainians of safe havens 
     within their own country and the material conditions 
     conducive to childrearing; and
       (E) forcibly mass transferring millions of Ukrainian 
     civilians, hundreds of thousands of whom are children, to the 
     Russian Federation or territories controlled by the Russian 
     Federation.
       (5) The intent of the Russian Federation and those acting 
     on its behalf in favor of those heinous crimes against 
     humanity has been demonstrated through frequent 
     pronouncements and other forms of official communication 
     denying Ukrainian nationhood, including President Putin's 
     ahistorical claims that Ukraine is part of a ``single whole'' 
     Russian nation with ``no historical basis'' for being an 
     independent country.
       (6) Some Russian soldiers and brigades accused of 
     committing war crimes in Bucha, Ukraine, and elsewhere were 
     rewarded with medals by President Putin.
       (7) The Russian state-owned media outlet RIA Novosti 
     published the article ``What Should Russia do with Ukraine'', 
     which outlines ``de-Nazification'' as meaning ``de-
     Ukrainianization'' or the destruction of Ukraine and 
     rejection of the ``ethnic component'' of Ukraine.
       (8) Article I of the Genocide Convention confirms ``that 
     genocide, whether committed in time of peace or in time of 
     war, is a crime under international law which [the 
     Contracting Parties] undertake to prevent and to punish''.
       (9) Although additional documentation and analysis of 
     atrocities committed by the Russian Federation in Ukraine may 
     be needed to punish those responsible, the substantial and 
     significant documentation already undertaken, combined with 
     statements showing intent, compel urgent action to prevent 
     future acts of genocide.
       (10) The Global Magnitsky Human Rights Accountability Act 
     (22 U.S.C. 10101 et seq.) authorizes the President to impose 
     economic sanctions on, and deny entry into the United States 
     to, foreign individuals identified as engaging in gross 
     violations of internationally recognized human rights.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) those acting on behalf of the Russian Federation should 
     be condemned for committing acts of genocide against the 
     Ukrainian people;
       (2) the United States, in cooperation with allies in the 
     North Atlantic Treaty Organization and the European Union, 
     should undertake measures to support the Government of 
     Ukraine to prevent acts of Russian genocide against the 
     Ukrainian people;
       (3) tribunals and international criminal investigations 
     should be supported to hold Russian political leaders and 
     military personnel to account for a war of aggression, war 
     crimes, crimes against humanity, and genocide; and
       (4) the President should use the authorities under the 
     Global Magnitsky Human Rights Accountability Act (22 U.S.C. 
     10101 et seq.) to impose economic sanctions on those 
     responsible for, or complicit in, genocide in Ukraine by the 
     Russian Federation and those acting on its behalf.
                                 ______
                                 
  SA 1467. Mr. MERKLEY submitted an amendment intended to be proposed 
to amendment SA 1388 submitted by Mrs. Murray (for herself and Mr. 
Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the end, add the following:

            DIVISION C--CHILDREN'S SAFE WELCOME ACT OF 2024

     SECTION 4001. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This division may be cited as the 
     ``Children's Safe Welcome Act of 2024''.
       (b) Table of Contents.--The table of contents for this 
     division is as follows:

            DIVISION C--CHILDREN'S SAFE WELCOME ACT OF 2024

Sec. 4001. Short title; table of contents.
Sec. 4002. Definitions.

  TITLE I--PROCEDURES AND TEMPORARY PLACEMENTS FOLLOWING APPREHENSION

Sec. 4101. Prohibition on family separation.
Sec. 4102. Protections for noncitizen children.
Sec. 4103. Nonadversarial asylum processing for noncitizen children.
Sec. 4104. Standards for U.S. Customs and Border Protection detention 
              of noncitizen children.
Sec. 4105. Standards for U.S. Customs and Border Protection facilities 
              housing noncitizen children.
Sec. 4106. Modification of term ``asylum officer'' to exclude officers 
              of U.S. Customs and Border Protection.

TITLE II--STANDARDS FOR DEPARTMENT OF HEALTH AND HUMAN SERVICES CUSTODY 
                  OF UNACCOMPANIED NONCITIZEN CHILDREN

  Subtitle A--Standards for Foster Care Homes and Childcare Facilities

Sec. 4201. Operation of foster care homes and childcare facilities.
Sec. 4202. Notice of rights.
Sec. 4203. Staffing and training.

       Subtitle B--Services for Unaccompanied Noncitizen Children

Sec. 4211. Required services.
Sec. 4212. Evaluation for disability.
Sec. 4213. Education.
Sec. 4214. Recreation.

                   Subtitle C--Placement of Children

Sec. 4221. Phasing out large congregate care facilities.
Sec. 4222. Least restrictive setting.
Sec. 4223. Foster family care.
Sec. 4224. Additional requirements relating to children with 
              disabilities and children with mental health needs.
Sec. 4225. Minimizing transfers.
Sec. 4226. Restrictive placements.
Sec. 4227. Judicial review of placement.

  Subtitle D--Family Reunification and Standards Relating to Sponsors

Sec. 4231. Family reunification efforts by Office of Refugee 
              Resettlement.
Sec. 4232. Standards relating to sponsors.
Sec. 4233. Special considerations relating to release of children with 
              disabilities.

                          Subtitle E--Release

Sec. 4241. Procedures for release.
Sec. 4242. Post-release services.
Sec. 4243. Individuals attaining 18 years of age.
Sec. 4244. Custody review by Ombudsperson.

                  TITLE III--EMERGENCIES AND INFLUXES

Sec. 4301. Sense of Congress.
Sec. 4302. Definitions.
Sec. 4303. Placement.
Sec. 4304. Planning for emergencies and influxes.
Sec. 4305. Influx facility standards and staffing.
Sec. 4306. Monitoring and oversight.

  TITLE IV--LEGAL REPRESENTATION FOR UNACCOMPANIED NONCITIZEN CHILDREN

Sec. 4401. Legal orientation presentations and legal screenings.
Sec. 4402. Legal representation.

TITLE V--APPOINTMENT OF CHILD ADVOCATES AND IMPROVEMENTS TO IMMIGRATION 
                                 COURTS

Sec. 4501. Appointment of child advocates.
Sec. 4502. Immigration court improvements.

            TITLE VI--OVERSIGHT, MONITORING, AND ENFORCEMENT

Sec. 4601. Office of the Ombudsperson for Unaccompanied Noncitizen 
              Children in Immigration Custody.
Sec. 4602. Data collection and reporting.
Sec. 4603. Enforcement.
Sec. 4604. Protection from retaliation.
Sec. 4605. Mandatory access to detention facilities for Members of 
              Congress.

                      TITLE VII--NONDISCRIMINATION

Sec. 4701. Fair and equal treatment.
Sec. 4702. Responsibilities of care providers.

          TITLE VIII--INFORMATION SHARING AND DATA PROTECTION

Sec. 4801. Separation of records.
Sec. 4802. Prohibition on use for denial of relief or in removal 
              proceedings.
Sec. 4803. Disclosure.
Sec. 4804. Prohibition on information sharing.
Sec. 4805. Counseling records.
Sec. 4806. Data protection for sponsors.

                   TITLE IX--MISCELLANEOUS PROVISION

Sec. 4901. Rule of construction.

     SEC. 4002. DEFINITIONS.

       In this division:
       (1) Best interests of the child.--With respect to an 
     accompanied noncitizen child or unaccompanied noncitizen 
     child, the term ``best interests of the child'' means a 
     consideration, informed to the extent practicable by the 
     child and the parents or guardian and extended family of the 
     child, that takes into account--
       (A) the safety and well-being of the child;
       (B) the expressed interests of the child, taking into 
     account the child's age and stage of development;
       (C) the physical and mental health of the child;
       (D) the right of the child to--
       (i) family integrity;
       (ii) liberty; and
       (iii) development; and
       (E) the identity of the child, including religious, ethnic, 
     linguistic, gender, sexual orientation, and cultural 
     identity.
       (2) Childcare facility.--The term ``childcare facility'' 
     means a facility operated by the Department of Health and 
     Human Services, or a contractor or grantee

[[Page S614]]

     of the Department of Health and Human Services, that--
       (A) is a State-licensed program; and
       (B) provides residential care for unaccompanied noncitizen 
     children.
       (3) Director.--The term ``Director'' means the Director of 
     the Office of Refugee Resettlement.
       (4) Flores settlement agreement.--The term ``Flores 
     settlement agreement'' means the stipulated settlement 
     agreement in Reno v. Flores, as filed in the United States 
     District Court for the Central District of California on 
     January 17, 1997 (CV-85-4544-RJK), including all subsequent 
     court decisions, orders, agreements, and stipulations.
       (5) Immigration custody.--The term ``immigration custody'' 
     means the physical custody of the Secretary of Health and 
     Human Services or the Secretary of Homeland Security (or the 
     head of any successor agency of the Department of Health and 
     Human Services or the Department of Homeland Security).
       (6) Influx.--The term ``influx'' means a period--
       (A) beginning on the date on which, for not less than 7 
     consecutive days, the net available bed capacity of State-
     licensed programs that is occupied or held for placement by 
     unaccompanied noncitizen children is 85 percent or more; and
       (B) ending on the date on which, for not less than 7 
     consecutive days, such bed capacity occupied or held for 
     placement by unaccompanied noncitizen children is less than 
     85 percent.
       (7) Influx facility.--The term ``influx facility'' means 
     any facility established to provide temporary emergency 
     shelter and services for unaccompanied noncitizen children 
     during an influx or emergency.
       (8) Noncitizen.--The term ``noncitizen'' means an 
     individual who is not a citizen or national of the United 
     States.
       (9) Noncitizen child.--The term ``noncitizen child'' means 
     a noncitizen under the age of 18 years.
       (10) Nonparent family member.--With respect to an 
     unaccompanied noncitizen child apprehended with a nonparent 
     family member, the term ``nonparent family member'' means an 
     individual who is--
       (A) 18 years of age or older; and
       (B) a relative of such child, including a grandparent, 
     aunt, uncle, first cousin, sibling, and fictive kin.
       (11) Ombudsperson.--The term ``Ombudsperson'' means the 
     Ombudsperson of the Office of the Ombudsperson for 
     Unaccompanied Noncitizen Children established under section 
     4601.
       (12) Out-of-network facility.--The term ``out-of-network 
     facility'' means any public or private facility, including a 
     mental health facility, or any other location that--
       (A) is used to provide residential care for unaccompanied 
     noncitizen children; and
       (B) is not an Office of Refugee Resettlement facility.
       (13) Prospective sponsor.--The term ``prospective sponsor'' 
     means an individual or entity who applies for custody of an 
     unaccompanied noncitizen child.
       (14) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (15) Secure facility.--The term ``secure facility'' means 
     any public or private facility that is opened by a program, 
     agency, or organization that is licensed by an appropriate 
     State agency to provide residential care for children who 
     have been adjudicated delinquent.
       (16) Special needs noncitizen child.--The term ``special 
     needs noncitizen child''--
       (A)(i) means a noncitizen under the age of 18 years, the 
     mental or physical condition of whom requires special 
     services or medical equipment and special treatment by the 
     staff of a childcare facility; and
       (ii) includes such an individual who--
       (I) has special needs due to drug or alcohol abuse, serious 
     emotional disturbance, mental illness, developmental or 
     cognitive delay, or a physical condition or chronic illness 
     that requires special services or treatment;
       (II) is an individual with a disability (as defined in 
     section 3 of the Americans with Disabilities Act of 1990 (42 
     U.S.C. 12102)); or
       (III) requires special services or treatment as a result of 
     neglect or abuse; and
       (B) in the case of a child who is 12 years of age or older, 
     means such a child who consents to such designation, 
     services, and treatment.
       (17) Sponsor.--The term ``sponsor'' means an individual or 
     entity who has been approved by the Director to assume care 
     of an unaccompanied noncitizen child on release from the 
     custody of the Secretary.
       (18) Staff-secure facility.--The term ``staff-secure 
     facility''--
       (A) means any public or private facility that is licensed 
     by an appropriate State agency to provide residential care 
     for children who have been determined to require close or 
     intensive care in accordance with section 4226(c)(3); and
       (B) does not include a facility that provides residential 
     care to children who have been adjudicated delinquent.
       (19) State-licensed program.--The term ``State-licensed 
     program'' means any public or private program, agency, or 
     organization licensed by an appropriate State agency to 
     provide residential, group, or foster care services for 
     unaccompanied noncitizen children (including a program 
     operating group homes, foster homes, or facilities for 
     special needs noncitizen children) that complies with 
     applicable--
       (A) State child welfare laws, regulations, and policies;
       (B) State and local building, fire, health, and safety laws 
     and regulations;
       (C) Federal, State, and local human rights and privacy 
     laws, as applicable; and
       (D) State staffing and training requirements.
       (20) Tender age minor.--The term ``tender age minor'' means 
     an individual who is 12 years of age or younger or has the 
     developmental age of such an individual.
       (21) Unaccompanied noncitizen child.--The term 
     ``unaccompanied noncitizen child'' has the meaning given the 
     term ``unaccompanied alien child'' in section 462(g) of the 
     Homeland Security Act of 2002 (6 U.S.C. 279(g)).

  TITLE I--PROCEDURES AND TEMPORARY PLACEMENTS FOLLOWING APPREHENSION

     SEC. 4101. PROHIBITION ON FAMILY SEPARATION.

       (a) In General.--A noncitizen child shall remain physically 
     together with their parent, legal guardian, or nonparent 
     family member at all times while in the custody of the 
     Secretary of Homeland Security or the Secretary of Health and 
     Human Services, unless--
       (1) the noncitizen child requests privacy temporarily;
       (2) during the screening process, a determination is made 
     based on clear and convincing evidence that the parent or 
     legal guardian of the noncitizen child, or the nonparent 
     family member of the child who has been determined by a child 
     welfare expert to be suitable to provide care and physical 
     custody of the child in the United States, presents an 
     imminent threat to United States national security or is 
     inadmissible under subparagraphs (C)(i), (E), (G), or (I) of 
     section 212(a)(2) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)(2)); or
       (3) the child welfare expert documents, based on clear and 
     convincing evidence, that the continued care of the 
     noncitizen child by the parent, legal guardian, or nonparent 
     family member is likely to result in serious emotional or 
     physical damage to the child.
       (b) Role of DHS.--An employee or contractor of the 
     Department of Homeland Security may not play any role in the 
     documentation or determination described in subsection (a).
       (c) Termination of Separation.--In the case of a separation 
     under paragraph (2) or (3) of subsection (a), as soon as 
     practicable after the potential damage to the child is 
     sufficiently mitigated or remedied--
       (1) in the case of a child in the custody of the Secretary 
     of Health and Human Services, the Secretary of Health and 
     Human Services shall reunify the child with the individual 
     from whom they were separated; and
       (2) in the case of a child in the custody of the Secretary 
     of Homeland Security, the Secretary of Homeland Security 
     shall release the individual in accordance with subsection 
     (a)(5) of section 235 of the William Wilberforce Trafficking 
     Victims Protection Reauthorization Act of 2008 (8 U.S.C. 
     1232), as amended by section 4102.
       (d) Challenge to Separation.--In the case of a separation 
     under paragraph (2) or (3) of subsection (a), the Secretary 
     of Homeland Security shall--
       (1) notify the parents, legal guardians, and children 
     concerned of their--
       (A) right to challenge such separation under titles VI and 
     VII; and
       (B) private right of action to seek review before a 
     district court of the United States; and
       (2) provide a copy of any determination, evidence, arrest 
     warrants, or other documentation supporting such separation 
     to such individuals and their attorneys.
       (e) Treatment of Unaccompanied Children Traveling With 
     Certain Caregivers.--Unaccompanied children traveling with a 
     nonparent family member shall be treated by the Secretary of 
     Health and Human Services in accordance with paragraph (3)(C) 
     of section 235(b) of the William Wilberforce Trafficking 
     Victims Protection Reauthorization Act of 2008 (8 U.S.C. 
     1232(b)), as amended by section 4102.
       (f) Staffing.--
       (1) Child welfare experts.--The Secretary of Health and 
     Human Services shall hire child welfare experts to carry out 
     the screening process described in subsection (a).
       (2) Qualifications.--Each child welfare expert hired under 
     this subsection shall--
       (A) be professionally trained and licensed in social work;
       (B) have direct experience providing trauma-informed care 
     to children who have experienced trauma; and
       (C) be proficient in Spanish or 1 of the top 5 most common 
     languages spoken by noncitizen children in the past 5 years.

     SEC. 4102. PROTECTIONS FOR NONCITIZEN CHILDREN.

       Section 235 of the William Wilberforce Trafficking Victims 
     Protection Reauthorization Act of 2008 (8 U.S.C. 1232) is 
     amended--
       (1) by striking ``unaccompanied alien child'' each place it 
     appears and inserting ``unaccompanied noncitizen child'';
       (2) by striking ``unaccompanied alien child's'' each place 
     it appears and inserting ``unaccompanied noncitizen 
     child's'';
       (3) by striking ``unaccompanied alien children'' each place 
     it appears and inserting ``unaccompanied noncitizen 
     children'';
       (4) by striking ``unaccompanied alien children's'' each 
     place it appears and inserting ``unaccompanied noncitizen 
     children's'';

[[Page S615]]

       (5) in subsection (a)--
       (A) by striking paragraphs (2) and (4);
       (B) by redesignating paragraphs (3) and (5) as paragraphs 
     (2) and (3), respectively;
       (C) in paragraph (2), as redesignated, in the paragraph 
     heading, by striking ``other'' and inserting ``unaccompanied 
     noncitizen'';
       (D) in paragraph (3), as redesignated--
       (i) in subparagraph (C), in the subparagraph heading, by 
     striking ``unaccompanied alien children'' and inserting 
     ``unaccompanied noncitizen children''; and
       (ii) in subparagraph (D), 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
       (E) by inserting after paragraph (3), as redesignated, the 
     following:
       ``(4) Child caregiver professionals at the border.--
       ``(A) In general.--The Secretary of Homeland Security shall 
     ensure that a licensed child caregiver professional is 
     physically present to provide onsite expertise at each--
       ``(i) land port of entry at which noncitizen children are 
     most likely to enter;
       ``(ii) Border Patrol station on the southern border; and
       ``(iii) U.S. Customs and Border Protection processing 
     facility and reception center, regardless of whether such 
     facility or center is temporary in nature.
       ``(B) Qualifications.--
       ``(i) In general.--Such a child caregiver professional--

       ``(I) shall--

       ``(aa) be professionally trained and licensed to provide 
     services to children;
       ``(bb) have direct experience providing trauma-informed 
     care to children who have experienced trauma; and
       ``(cc) subject to clause (ii), be proficient in Spanish or 
     1 of the top 5 most common languages spoken by noncitizen 
     children in the past 5 years; and

       ``(II) may be a licensed childcare worker, licensed 
     pediatric health professional, or licensed child welfare 
     professional.

       ``(ii) Phase-in of language proficiency.--During the 3-year 
     period beginning on the date of the enactment of the 
     Children's Safe Welcome Act of 2024, 25 percent of the child 
     caregiver professionals hired by the Secretary of Homeland 
     Security to carry out the duties under this section shall be 
     exempt from clause (i)(III).
       ``(C) Oversight of care.--Such a child caregiver 
     professional shall oversee the care of noncitizen children in 
     U.S. Customs and Border Protection facilities, consistent 
     with the standards established under sections 4104 and 4105 
     of the Children's Safe Welcome Act of 2024, including by--
       ``(i) issuing and ensuring access to adequate food, 
     hydration, hygiene necessities, clothing, and other supplies 
     as needed;
       ``(ii) supporting general care to infants and children, 
     including monitoring, changing diapers, assisting with toilet 
     use and handwashing, feeding any child who is not able to 
     feed himself or herself, and identifying and tending to other 
     similar basic needs of children as such needs arise;
       ``(iii) providing supervision and support to children 
     during recreational and exercise activities;
       ``(iv) maintaining a safe working environment and observing 
     and encouraging adherence to safety rules and health 
     guidelines; and
       ``(v) referring any suspected or reported medical or mental 
     health issues to onsite Border Patrol or U.S. Customs and 
     Border Protection personnel and medical personnel.
       ``(D) Availability.--Caregiver services provided under this 
     paragraph shall be--
       ``(i) available 24 hours per day, 7 days per week, 
     including on weekends and Federal holidays; and
       ``(ii) provided by a mixed-gender staff, including not 
     fewer than 1 male and 1 female staff member at all times.
       ``(5) Release of children apprehended with parents, 
     adoptive parents, or legal guardians.--In the case of a child 
     apprehended with a parent, adoptive parent, or legal 
     guardian, the Secretary of Homeland Security shall--
       ``(A) subject to paragraph (2) or (3) of section 4101(a) of 
     the Children's Safe Welcome Act of 2024, release the child 
     together with the parent, adoptive parent, or legal guardian, 
     as applicable; and
       ``(B) ensure that the child is provided with support from a 
     qualified nongovernmental community-based organization with 
     experience providing services to immigrant, refugee, and 
     asylum-seeking populations.
       ``(6) Release of children apprehended with nonparent family 
     members.--In the case of a child apprehended with a nonparent 
     family member determined under subsection (b)(3)(C)(iii) to 
     be an appropriate sponsor for the child, the Secretary of 
     Health and Human Services shall--
       ``(A) subject to paragraph (2) or (3) of section 4101(a) of 
     the Children's Safe Welcome Act of 2024, release the child 
     together with the nonparent family member; and
       ``(B) ensure that the child is provided with support from a 
     qualified nongovernmental community-based organization with 
     experience providing services to immigrant, refugee, and 
     asylum-seeking populations.
       ``(7) Prohibition on operation of family detention 
     facilities.--The Federal Government may not operate, under 
     any circumstance, a family detention facility.'';
       (6) in subsection (b)--
       (A) in paragraph (1), in the paragraph heading, by striking 
     ``unaccompanied alien children'' and inserting 
     ``unaccompanied noncitizen children'';
       (B) in paragraph (3)--
       (i) in the paragraph heading, by striking ``unaccompanied 
     alien children'' and inserting ``unaccompanied noncitizen 
     children'';
       (ii) by striking ``Except in the case of exceptional 
     circumstances,'' and inserting the following:
       ``(A) In general.--Except in the case of exceptional 
     circumstances, subject to subparagraph (B),''; and
       (iii) by adding at the end the following:
       ``(B) Limitation on u.s. customs and border protection 
     custody.--Under no circumstance may the Commissioner hold an 
     unaccompanied or accompanied noncitizen child in custody for 
     more than 72 hours.
       ``(C) Reception centers.--
       ``(i) Designation.--The Commissioner shall designate 1 or 
     more reception centers located within 100 miles of each port 
     of entry and each Border Patrol Station on the southern 
     border for the purpose of conducting expedited evaluations 
     described in clause (iii).
       ``(ii) Transfer.--In the case of an unaccompanied 
     noncitizen child apprehended with a nonparent family member, 
     the Commissioner shall immediately transfer the child and his 
     or her 1 or more nonparent family members, as applicable, to 
     a reception center designated under clause (i) for the 
     purpose of an evaluation under clause (iii).
       ``(iii) Expedited evaluations.--

       ``(I) In general.--On the arrival of an unaccompanied 
     noncitizen child apprehended with a nonparent family member 
     at a designated reception center, a case manager or case 
     coordinator of the Department of Health and Human Services 
     shall evaluate the child to determine whether he or she may 
     be released safely from U.S. Customs and Border Protection 
     custody to the nonparent family member with whom the child 
     was apprehended.
       ``(II) Private space.--The Commissioner shall make 
     available in each designated reception center a private space 
     in which such a case manager or case coordinator may carry 
     out such evaluations.

       ``(iv) Staffing.--

       ``(I) Case managers and case coordinators.--

       ``(aa) In general.--Case managers and case coordinators of 
     the Department of Health and Human Services shall be detailed 
     to designated reception centers for brief periods to ensure 
     the independence of Department of Health and Human Services 
     staff from the duties and functions of U.S. Customs and 
     Border Protection.
       ``(bb) Duties.--A case manager or case coordinator detailed 
     to a designated reception center shall assist the Federal 
     field specialist at the reception center in verifying family 
     relationships and screening each unaccompanied noncitizen 
     child apprehended with a nonparent family member for safety 
     concerns using existing or newly developed Department of 
     Health and Human Services tools and skills, including 
     document review, observation, and interviews of the child and 
     family members.

       ``(II) Federal field specialists.--

       ``(aa) In general.--Federal field specialists of the 
     Department of Health and Human Services shall prioritize for 
     review the release decisions for any child arriving at the 
     border of the United States with a relative who is not a 
     parent of the child, whom the Director of the Office of 
     Refugee Resettlement would consider as a potential sponsor 
     for the child.
       ``(bb) Duties.--Such a Federal field specialist shall work 
     with case managers and case coordinators to review the 
     recommendation of case managers or case coordinators with 
     respect to the qualification of such relatives as sponsors 
     for such children.

       ``(III) Legal services providers.--The Secretary of Health 
     and Human Services shall enter into 1 or more contracts with 
     nongovernmental legal services providers to provide legal 
     orientation presentations to accompanied noncitizen children 
     and unaccompanied noncitizen children apprehended with 
     nonparent family members and their parents or legal guardians 
     or nonparent family members, as applicable, under 
     consideration for expedited release under this subparagraph.

       ``(v) Release decision.--The Secretary of Health and Human 
     Services shall make a determination with respect to expedited 
     release under this subparagraph not later than 72 hours after 
     the child has been determined to be an unaccompanied 
     noncitizen child.
       ``(vi) Release of nonparent family member.--

       ``(I) In general.--If the Secretary of Health and Human 
     Services determines that the nonparent family member of an 
     unaccompanied noncitizen child apprehended with a nonparent 
     family member is a safe sponsor, and the applicable Federal 
     field specialist and case manager or case coordinator have 
     verified the family relationship, the Commissioner shall 
     approve the release of the nonparent family member for the 
     purpose of reunification with the child.
       ``(II) Retention of unaccompanied noncitizen child 
     determination.--An unaccompanied noncitizen child released to 
     a nonparent family member who is released under subclause (I) 
     shall retain his or her determination as an unaccompanied 
     noncitizen child.
       ``(III) Post-release counsel and services.--The Secretary 
     of Health and Human

[[Page S616]]

     Services shall provide to each child released to a nonparent 
     family member who is released under subclause (I) post-
     release counsel and services, such as legal counsel, in the 
     location in which the child's removal proceedings are 
     scheduled.

       ``(vii) Transfer to office of refugee resettlement 
     custody.--

       ``(I) In general.--If the Secretary of Health and Human 
     Services cannot make a determination with respect to whether 
     a nonparent family member is an imminent substantial and 
     credible threat to a child within 72 hours after the 
     Commissioner has made the unaccompanied noncitizen child 
     determination, or if an unaccompanied noncitizen child 
     apprehended with a nonparent family member is denied 
     expedited release under this subparagraph--

       ``(aa) such child shall be placed in the least restrictive 
     setting;
       ``(bb) notice shall be provided to the nonparent family 
     member and the parents or legal guardians of the child, to 
     the extent such individuals may be ascertained and contacted, 
     with respect to--
       ``(AA) the reason for the inability to timely make such 
     determination or for the denial; and
       ``(BB) the location of the child's transfer and any 
     subsequent transfer; and
       ``(cc) the family relationship shall be documented.

       ``(II) Appointment of child advocate.--In the case of a 
     child denied expedited release under this subparagraph, the 
     Secretary of Health and Human Services shall appoint a child 
     advocate for the child.

       ``(viii) Prohibition.--The adjudication of asylum 
     applications shall not be carried out in a reception center 
     designated under this subparagraph.
       ``(D) Transportation.--
       ``(i) In general.--Except as provided in clause (ii), the 
     Commissioner may not transport any unaccompanied noncitizen 
     child in a vehicle with a detained adult who is not related 
     to the child.
       ``(ii) Exception.--

       ``(I) In general.--The Commissioner may transport an 
     unaccompanied noncitizen child in a vehicle with such an 
     adult only from the place of arrest or apprehension to a U.S. 
     Customs and Border Protection facility.
       ``(II) Precautions.--In transporting an unaccompanied 
     noncitizen child under subclause (I), the Commissioner shall 
     take necessary precautions for the protection and well-being 
     of the unaccompanied noncitizen child.''; and

       (C) by adding at the end the following:
       ``(5) Substantive and procedural protections.--
       ``(A) In general.--On a determination that a child is an 
     unaccompanied noncitizen child, the unaccompanied noncitizen 
     child shall be afforded, for the duration of the 
     unaccompanied noncitizen child's removal proceedings, all 
     substantive and procedural protections provided under this 
     section and any other applicable Federal law.
       ``(B) Unaccompanied noncitizen child determination.--No 
     Federal agency, officer, or personnel may--
       ``(i) reevaluate or revoke a determination that a child is 
     an unaccompanied noncitizen child, unless an age assessment 
     conducted by the Secretary of Health and Human Services 
     consistent with section 4105(h) of the Children's Safe 
     Welcome Act of 2024 indicates that the individual is 18 years 
     of age or older; or
       ``(ii) deny or impede access to any protection provided for 
     unaccompanied noncitizen children under Federal law, 
     including on the basis of--

       ``(I) the reunification of an unaccompanied noncitizen 
     child with a parent or legal guardian;
       ``(II) the release of an unaccompanied noncitizen child to 
     a nonparent family member in accordance with subsection 
     (b)(3)(C)(vi); or
       ``(III) an unaccompanied noncitizen child having attained 
     18 years of age.'';

       (7) in subsection (d)(8), in the paragraph heading, by 
     striking ``unaccompanied alien children'' and inserting 
     ``unaccompanied noncitizen children'';
       (8) by striking subsection (g);
       (9) by redesignating subsections (h) and (i) as subsections 
     (g) and (h), respectively; and
       (10) by adding at the end the following:
       ``(i) Access to Legal Services.--Each child in immigration 
     custody, including accompanied noncitizen children, shall--
       ``(1) receive a legal orientation presentation; and
       ``(2) have access to legal counsel and child advocates.
       ``(j) Treatment of Adult Family Members Apprehended With 
     Children.--
       ``(1) In general.--A parent or legal guardian or a 
     nonparent family member who is apprehended with a child shall 
     be placed in removal proceedings under section 240 of the 
     Immigration and Nationality Act (8 U.S.C. 1229a).
       ``(2) Requirement.--Such a parent or legal guardian or 
     nonparent family member and the child concerned shall be 
     provided an opportunity--
       ``(A) to consult, independently and jointly, legal counsel; 
     and
       ``(B) to request such measures as may be necessary to 
     ensure--
       ``(i) full and fair consideration of their cases for relief 
     from removal; and
       ``(ii) the best interests of the child.
       ``(k) Removal Proceedings for Accompanied Noncitizen 
     Children.--With respect to an accompanied noncitizen child, 
     the child and their parent or legal guardian may only be 
     placed in removal proceedings under section 240 of the 
     Immigration and Nationality Act (8 U.S.C. 1229a).
       ``(l) Definitions.--In this section:
       ``(1) Accompanied noncitizen child.--The term `accompanied 
     noncitizen child' means a noncitizen under 18 years of age 
     who--
       ``(A) has no lawful immigration status in the United 
     States; and
       ``(B) is apprehended while traveling with a parent, 
     adoptive parent, or legal guardian.
       ``(2) Commissioner.--The term `Commissioner' means the 
     Commissioner of U.S. Customs and Border Protection.
       ``(3) Danger of abuse or neglect at the hands of the 
     parent, legal guardian, or nonparent family member.--The term 
     `danger of abuse or neglect at the hands of the parent, legal 
     guardian, or nonparent family member' shall not mean 
     migrating to or crossing the United States border.
       ``(4) Nonparent family member.--With respect to an 
     unaccompanied noncitizen child apprehended with a nonparent 
     family member, the term `nonparent family member' means an 
     individual who is--
       ``(A) 18 years of age or older; and
       ``(B) a relative of such child, including a grandparent, 
     aunt, uncle, first cousin, sibling, and fictive kin.
       ``(5) Unaccompanied noncitizen child.--The term 
     `unaccompanied noncitizen child' has the meaning given the 
     term `unaccompanied alien child' in section 462(g) of the 
     Homeland Security Act of 2002 (6 U.S.C. 279(g)).
       ``(6) Unaccompanied noncitizen child apprehended with a 
     nonparent family member.--The term `unaccompanied noncitizen 
     child apprehended with a nonparent family member' means an 
     unaccompanied noncitizen child who is apprehended while 
     traveling with a nonparent family member.''.

     SEC. 4103. NONADVERSARIAL ASYLUM PROCESSING FOR NONCITIZEN 
                   CHILDREN.

       Section 208(b)(3)(C) of the Immigration and Nationality Act 
     (8 U.S.C. 1158(b)(3)(C)) is amended to read as follows:
       ``(C) Nonadversarial asylum processing for children.--The 
     Director of U.S. Citizenship and Immigration Services shall 
     have jurisdiction over the asylum application of an 
     individual who--
       ``(i) has been classified as an unaccompanied noncitizen 
     child (as defined in section 235 of the William Wilberforce 
     Trafficking Victims Protection Reauthorization Act of 2008 (8 
     U.S.C. 1232)), regardless of the age or marital status of the 
     individual on the date on which he or she files an asylum 
     application;
       ``(ii) was a child apprehended with a parent, adoptive 
     parent, or legal guardian, regardless of the age or marital 
     status of the individual on the date on which he or she files 
     an asylum application; or
       ``(iii) is the parent or legal guardian of an individual 
     described in clause (ii).''.

     SEC. 4104. STANDARDS FOR U.S. CUSTOMS AND BORDER PROTECTION 
                   DETENTION OF NONCITIZEN CHILDREN.

       (a) Initial Processing of Noncitizen Children and Families 
     With Noncitizen Children.--
       (1) In general.--The Commissioner of U.S. Customs and 
     Border Protection (referred to in this title as the 
     ``Commissioner'') may only detain a noncitizen child for the 
     purpose of initial processing.
       (2) Time limitation.--Under no circumstance may the 
     Commissioner detain a family with a noncitizen child for more 
     than 72 hours.
       (b) Prioritization of Best Interests of the Child and 
     Family Unity.--In all decisions undertaken by the 
     Commissioner with respect to the detention of a noncitizen 
     child, the Commissioner shall prioritize--
       (1) the best interests of the noncitizen child; and
       (2) in the case of a noncitizen child apprehended with a 
     parent, legal guardian, or nonparent family member, family 
     unity.

     SEC. 4105. STANDARDS FOR U.S. CUSTOMS AND BORDER PROTECTION 
                   FACILITIES HOUSING NONCITIZEN CHILDREN.

       (a) In General.--A noncitizen child may not be housed in a 
     U.S. Customs and Border Protection facility that is not in 
     compliance with this division or the amendments made by this 
     division.
       (b) Humanitarian Access.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     and the Secretary of Health and Human Services shall jointly 
     develop operating procedures to provide employees of the 
     Department of Health and Human Services immediate access to 
     any U.S. Customs and Border Protection facility so as to 
     facilitate the humane treatment of individuals and families 
     encountered at the border.
       (2) Elements.--The procedures developed under paragraph (1) 
     shall, at a minimum, provide that--
       (A) for each U.S. Customs and Border Protection facility in 
     which an individual may be detained in U.S. Customs and 
     Border Protection custody longer than 72 hours, the 
     Department of Health and Human Services shall have access to 
     a separate designated space in the facility so that 
     Department of Health and Human Services employees may conduct 
     medical and mental health screenings, ensure opportunities 
     for general hygiene, provide adequate food and hydration, 
     offer nursing and diapering supplies,

[[Page S617]]

     and provide appropriate space for children; and
       (B) employees of the Department of Health and Human 
     Services at such a facility shall immediately begin efforts--
       (i) to reunify unaccompanied children with sponsors in the 
     United States; and
       (ii) verify family relationships to ensure that 
     unaccompanied children who arrive with a nonparent family 
     member may remain in the care of such nonparent family 
     member.
       (c) National Standards on Transport, Escort, Detention, and 
     Search.--
       (1) Review.--Not later than 180 days after the date of the 
     enactment of this Act, the Commissioner, in consultation with 
     stakeholder organizations that serve immigrant and refugee 
     children and families, shall conduct a review of the U.S. 
     Customs and Border Protection standards entitled ``National 
     Standards on Transport, Escort, Detention, and Search'' 
     issued in October 2015, to identify necessary improvements 
     with respect to the treatment and care of noncitizen children 
     in U.S. Customs and Border Protection custody.
       (2) Revision.--Not later than 90 days after the date on 
     which the review required by paragraph (1) is completed, the 
     Commissioner shall revise such standards to incorporate the 
     improvements identified by the review.
       (3) Compliance.--Not later than 180 days after the revision 
     under paragraph (2), each U.S. Customs and Border Protection 
     facility that houses 1 or more noncitizen children shall 
     attain compliance with the revised standards.
       (d) Facility Requirements.--
       (1) In general.--The Commissioner shall ensure that each 
     U.S. Customs and Border Protection facility that houses 1 or 
     more noncitizen children is safe and sanitary and promotes an 
     appropriate and healthy environment for children.
       (2) Children's area.--
       (A) In general.--The Commissioner shall ensure that each 
     U.S. Customs and Border Protection facility that houses 1 or 
     more noncitizen children includes--
       (i) a dedicated physical environment that is appropriate 
     for children of all ages and stages of development (referred 
     to in this paragraph as a ``children's area''); and
       (ii) an outdoor recreation area.
       (B) Elements.--Each children's area shall be colorful and 
     include--
       (i) low, warm lights;
       (ii) child-sized furniture and equipment, including 
     developmentally appropriate books and toys that facilitate 
     structured and unstructured play;
       (iii) child-friendly images and displays;
       (iv) a children's bathroom;
       (v) a diaper-changing area and access to sanitation;
       (vi) nursing chairs for breastfeeding mothers; and
       (vii) an area in which children may sit and rest 
     comfortably.
       (C) Child caregiver professional staffing.--Each children's 
     area shall be staffed by 1 or more individuals who are 
     professionally trained and licensed to provide services to 
     children, including licensed childcare workers, licensed 
     pediatric health professionals, and licensed child welfare 
     professionals.
       (3) Medical screening and care.--
       (A) In general.--The Commissioner shall ensure that--
       (i) except as provided in subparagraph (F)(i), not later 
     than 6 hours after the arrival of a noncitizen child at a 
     U.S. Customs and Border Protection facility, the child 
     receives a medical screening conducted by a licensed 
     physician, advanced practice provider, nurse, or physician's 
     assistant in accordance with this paragraph;
       (ii) a noncitizen child in the custody of the Commissioner 
     shall have unrestricted access to appropriate medication for 
     the management of an illness or injury of the child;
       (iii) in the case of such a child with a medical assistive 
     device or other health care support item, the noncitizen 
     child, or the parent, legal guardian, or nonparent family 
     member of the child, is permitted unrestricted access to the 
     device or item;
       (iv) on release from such custody, a noncitizen child, or 
     the parent, legal guardian, or nonparent family member of the 
     child, is provided with documentation of the child's medical 
     screening and care, including the need for any followup while 
     in such custody, in accordance with subparagraph (B)(viii); 
     and
       (v) medication in possession of a noncitizen child, or in 
     the possession of the child's parent, legal guardian, or 
     nonparent family member, on arrival shall not be destroyed or 
     discarded before the review and determination under 
     subparagraph (B)(vi) occur.
       (B) Duties of medical professional.--With respect to a 
     medical screening required by subparagraph (A) and the care 
     of a noncitizen child at a U.S. Customs and Border Protection 
     facility, a licensed physician, advanced practice provider, 
     nurse, or physician's assistant attending the child at the 
     facility shall--
       (i) assess and identify any illness, condition, or physical 
     ailment;
       (ii)(I) identify any acute condition or elevated medical 
     risk; and
       (II) in the case of a child for which such a condition or 
     risk is identified, consult with a licensed pediatrician or 
     pediatric subspecialist;
       (iii) ensure that appropriate health care is provided to 
     the child as necessary, including pediatric and reproductive 
     health care;
       (iv) in the case of a child under 12 years of age, conduct 
     a physical examination of the child in the presence of a 
     parent, legal guardian, or family member;
       (v) in the case of a child who is 12 years of age or 
     older--

       (I) provide the child with the choice of--

       (aa) a physical examination in the presence of a parent, 
     legal guardian, or nonparent family member; or
       (bb) a private physical examination without the presence of 
     a parent, legal guardian, or nonparent family member; and

       (II) conduct such examination in accordance with the 
     child's preference;

       (vi) review any medication that is in the possession of the 
     child on arrival to determine whether the medication shall be 
     kept by the child or the child's parent, legal guardian, or 
     nonparent family member, as applicable;
       (vii) in the case of a medication described in clause (vi) 
     that may not be kept by the child or the child's parent, 
     legal guardian, or nonparent family member for medical 
     storage purposes, such as a medication that requires 
     refrigeration, ensure storage with appropriate access for the 
     child's use while in U.S. Customs and Border Protection 
     custody;
       (viii) ensure that the medical screening and care under 
     this paragraph, and any other medical evaluation of or 
     intervention for the child conducted while the child is in 
     the custody of the Commissioner, is documented in accordance 
     with commonly accepted standards in the United States for 
     medical records documentation; and
       (ix) ensure that a copy of all medical records and 
     documentation of any medical screening and any other medical 
     evaluation of, or intervention for, the child conducted while 
     the child is in the custody of the Commissioner is--

       (I) provided to the child and the child's parent, legal 
     guardian, or nonparent family member before the child is 
     released from such custody; or
       (II) in the case of a child who is transferred to the 
     custody of the Director, sent to the Office of Refugee 
     Resettlement immediately upon such transfer.

       (C) Procedures for medical screenings.--The Commissioner 
     shall establish procedures for medical screenings and 
     examinations under this paragraph that are consistent with--
       (i) relevant guidelines set forth in the American Medical 
     Association Code of Medical Ethics; and
       (ii) the recommendations of the American Academy of 
     Pediatrics and the American College of Obstetricians and 
     Gynecologists.
       (D) Language services.--The Commissioner shall ensure--
       (i) the availability of in-person, language-appropriate 
     interpretation services, including indigenous languages, for 
     each noncitizen child in the custody of the Commissioner 
     during any medical screening or examination; and
       (ii) that noncitizen children in such custody are informed 
     of the availability of such services.
       (E) Location of medical screenings.--The Commissioner shall 
     ensure that medical screenings, examinations, and any follow-
     up care under this paragraph are conducted in a location 
     that--
       (i) is private and provides a comfortable and considerate 
     atmosphere for children;
       (ii) ensures each noncitizen child's dignity and right to 
     privacy; and
       (iii) contains all necessary and appropriate medical 
     equipment and supplies, including basic over-the-counter 
     medications appropriate for all age groups.
       (F) Acute medical conditions.--
       (i) In general.--The Commissioner shall ensure that any 
     noncitizen child exhibiting symptoms of an acute medical 
     condition, or who is at risk for an acute medical condition, 
     receives immediate care from a licensed physician, advanced 
     practice provider, nurse, or physician's assistant.
       (ii) Transfer to local health care facility.--

       (I) In general.--If appropriate medical care cannot be 
     provided for a noncitizen child described in clause (i) at a 
     U.S. Customs and Border Protection facility, the Commissioner 
     shall expeditiously transfer the child to a local medical 
     facility.
       (II) Accompaniment by family.--In the case of a noncitizen 
     child transferred under subclause (I), 1 or more parents, 
     legal guardians, or nonparent family members, shall be 
     permitted to accompany the child to such medical facility and 
     stay with the child if so accompanying the child does not 
     pose a serious safety risk to the child, as determined by a 
     child welfare expert.

       (iii) Ongoing availability of transportation.--The 
     Commissioner shall maintain--

       (I) appropriate transportation at each U.S. Customs and 
     Border Protection facility that houses 1 or more noncitizen 
     children to ensure the availability of transport to outside 
     medical facilities in the case of a medical emergency; or
       (II) an on-call service to provide such transportation to 
     such a facility within 30 minutes.

       (G) Rule of construction.--Nothing in this paragraph shall 
     be construed to require a noncitizen child, parent, legal 
     guardian, or nonparent family member to disclose the child's 
     medical history.
       (4) Services and supplies.--The Commissioner shall ensure 
     that each U.S. Customs

[[Page S618]]

     and Border Protection facility that houses 1 or more 
     noncitizen children is in compliance with the following 
     standards at all times:
       (A) Temperature.--The temperature inside the facility shall 
     be maintained between 70 and 73 degrees Fahrenheit.
       (B) Ventilation.--The facility shall comply with the most 
     recent guidance issued by the Centers for Disease Control and 
     Prevention with respect to ventilation in buildings to 
     mitigate the spread of COVID-19.
       (C) Food and water.--
       (i) In general.--Food shall be provided--

       (I) in a manner that follows Federal food safety laws and 
     regulations; and
       (II) according to the guidelines of the American 
     Association of Pediatrics and the American College of 
     Obstetricians and Gynecologists with respect to nutrition, 
     consistency, calories, and portion size, consistent with the 
     age of each child.

       (ii) Meals and snacks.--

       (I) Arrival.--On arrival at the facility, a child shall be 
     provided with a healthy, nutritious, and culturally 
     appropriate meal.
       (II) Meals.--Meals shall--

       (aa) be served daily to all noncitizen children for 
     breakfast, lunch, and dinner, of which not fewer than 2 meals 
     daily shall be served hot; and
       (bb) include a variety of fresh fruit, vegetables, a 
     protein, and grains.

       (III) Snacks.--Noncitizen children shall have unrestricted 
     access to healthy snacks.
       (IV) Limitation on unhealthful foods.--The availability of 
     highly processed foods and sugars shall be limited.

       (iii) Water.--Each noncitizen child shall--

       (I) be provided with not less than 1 gallon of drinking 
     water or age-appropriate fluids daily; and
       (II) have unrestricted access to drinking water.

       (iv) Accommodation.--A noncitizen child's individual 
     dietary needs or restrictions shall be accommodated.
       (v) Special considerations for infants and young 
     children.--

       (I) Bottle feeding.--

       (aa) In general.--On arrival at a facility, the parent, 
     legal guardian, or nonparent family member of a noncitizen 
     child using a bottle for feeding shall be offered 2 clean 
     baby bottles, a bottle brush, dish soap, and enough bottled 
     water and baby formula for not less than 96 ounces of formula 
     milk.
       (bb) Additional supplies.--Additional baby formula and 
     bottled water, and access to a bottle warmer, shall be 
     provided on request of the parent, legal guardian, or 
     nonparent family member.

       (II) Breastfeeding.--In the case of any noncitizen child 
     who is breastfeeding at the time of arrival at the facility--

       (aa) continued breastfeeding shall be supported; and
       (bb) the breastfeeding mother of each such noncitizen child 
     shall be provided with privacy, blankets, a quiet area for 
     breastfeeding, a nursing chair, and adequate amounts of food 
     and water consistent with the dietary needs of a 
     breastfeeding mother.
       (D) Hygiene.--
       (i) Clothes and shoes.--Each noncitizen child shall be 
     provided with a set of clean clothes, and on request, a pair 
     of shoes in good condition and warm clothing.
       (ii) Showers.--

       (I) In general.--Each noncitizen child shall be provided 
     access to a hot shower with a barrier for privacy.
       (II) Access.--A noncitizen child shall be provided access 
     to additional hot showers on request.
       (III) Temperature.--Hot water for a shower under this 
     clause shall be set at a temperature consistent with the 
     temperature required under childcare facility standards for 
     childcare facilities licensed in the State in which the 
     facility is located.

       (iii) Menstruation supplies.--Each female noncitizen child 
     shall be offered immediately a supply of tampons and pads at 
     no cost.
       (iv) Diapering.--

       (I) In general.--The parent, legal guardian, or other 
     family member of each noncitizen child using diapers shall be 
     provided immediately with 3 size-appropriate diapers and a 
     packet of diaper wipes.
       (II) Additional diapers.--Additional diapers and diaper 
     wipes shall be provided on request at no cost.
       (III) Diaper changing area.--The parent, legal guardian, or 
     other family member of each such noncitizen child shall be 
     provided--

       (aa) access to a safe and sanitary area in which to change 
     the child's diaper;
       (bb) a clean diaper changing pad; and
       (cc) a handwashing station.
       (v) Bathrooms.--Each noncitizen child shall be provided 
     access to bathrooms.
       (E) Sleep.--
       (i) Mats, blankets, and pillows.--

       (I) In general.--On arrival, each noncitizen child shall be 
     provided with a clean mat that is not less than 3 inches 
     thick, a clean cloth blanket, and a clean pillow.
       (II) Additional blankets.--A noncitizen child shall be 
     provided with additional blankets on request by the child or 
     the parent, legal guardian, or other family member of the 
     child.

       (ii) Quiet location.--On request or if there are signs of a 
     noncitizen child feeling tired, the child shall be provided 
     with access to a quiet location in which to sleep that has 
     dimmed lights.
       (iii) Schedule.--Between the hours of 9:00 p.m. and 6:00 
     a.m.--

       (I) noncitizen children shall have access to lighting that 
     is safe and conducive to sleep; and
       (II) noise shall be at a level conducive to sleep.

       (F) Recreation.--
       (i) In general.--Noncitizen children shall have access to 
     age-appropriate recreational activities, including indoor and 
     outdoor spaces for physical activity, toys, art supplies, 
     sports equipment, and books.
       (ii) Outdoor play.--Noncitizen children shall be allowed to 
     play outside for not less than 30 minutes every 3 hours 
     during daylight hours.
       (G) Religious practice.--Noncitizen children shall be 
     permitted to practice their religion or to not practice a 
     religion, as applicable.
       (5) Notice of rights.--
       (A) In general.--The Ombudsperson shall develop a notice of 
     children's rights, which shall be posted in each U.S. Customs 
     and Border Protection facility that houses children in any 
     location in which noncitizen children are located.
       (B) Description of rights.--The notice required by 
     subparagraph (A) shall include--
       (i) a description of--

       (I) all rights afforded to a noncitizen child under section 
     235 of the William Wilberforce Trafficking Victims Protection 
     Reauthorization Act of 2008 (8 U.S.C. 1232) and this 
     division;
       (II) the right to a bond redetermination hearing; and
       (III) any other existing mechanism by which children may 
     seek to enforce their rights, including placement review 
     panels; and

       (ii) a list of pro bono legal services providers and 
     contact information for such providers.
       (C) Format and languages.--
       (i) In general.--Such notice shall be--

       (I) written in a manner that is child friendly and age-
     appropriate; and
       (II) made available and posted in multiple languages, 
     including the top 20 preferred languages.

       (ii) Additional languages.--The Ombudsperson may require 
     such notice to be made available and posted in any additional 
     language the Ombudsperson considers necessary based on the 
     demographics of arriving noncitizen children.
       (D) Availability.--A child caregiver professional of the 
     Department of Homeland Security shall provide each noncitizen 
     child with such notice on the child's arrival at the U.S. 
     Customs and Border Protection facility.
       (e) Separation From Unfamiliar Adults.--
       (1) In general.--Except as provided in paragraph (2), an 
     unaccompanied noncitizen child in the custody of the 
     Commissioner shall be physically separated from any adult who 
     is not related to the child.
       (2) Immediate separation not feasible.--In any circumstance 
     in which such separation is not immediately feasible, such as 
     during transport to a U.S. Customs and Border Protection 
     facility, an unaccompanied noncitizen child shall not be left 
     alone with such an adult or detained with such an adult for 
     more than 6 hours.
       (f) Staff Training.--
       (1) In general.--The Commissioner shall ensure that--
       (A) the staff of each U.S. Customs and Border Protection 
     facility in which 1 or more noncitizen children are housed 
     receives training on responding to the needs of children and 
     families exposed to trauma, including training on--
       (i) the principles and practices of trauma-informed care 
     and psychological first aid;
       (ii) vicarious traumatization and secondary stress; and
       (iii) recognizing the signs of a child in medical distress; 
     and
       (B) every effort is made to ensure that the safety and 
     well-being of noncitizen children in U.S. Customs and Border 
     Protection custody are satisfactorily provided for by 
     facility staff.
       (2) Rulemaking.--
       (A) In general.--The Commissioner shall issue regulations 
     that require Border Patrol and Office of Field Operations 
     officials to participate in regular training so as to ensure 
     that such officials treat all individuals in their custody 
     with dignity, prevent abuse, and ensure constitutionally 
     guaranteed and humane conditions of confinement.
       (B) Elements.--The regulations required by subparagraph (A) 
     shall do the following:
       (i) Prohibit U.S. Customs and Border Protection officials 
     from--

       (I) discussing immigration outcomes with detained 
     individuals; and
       (II) using derogatory language towards individuals in their 
     custody.

       (ii) Address matters of child development, mental health 
     and trauma, children with special needs, cultural competency, 
     and any other matter the Commissioner considers appropriate.
       (iii) Require foreign language competency and interview 
     protocols in cases in which interpretation is required.
       (iv) Require continuing education in any subject necessary 
     to ensure compliance with this division or the amendments 
     made by this division.
       (g) Monitoring and Oversight.--
       (1) In general.--Compliance of U.S. Customs and Border 
     Protection facilities with this division and section 235 of 
     the William Wilberforce Trafficking Victims Protection 
     Reauthorization Act of 2008 (8 U.S.C. 1232) shall be 
     monitored by the Ombudsperson, in accordance with section 
     4601.

[[Page S619]]

       (2) Posting of ombudsperson's contact information.--
       (A) In general.--The Commissioner shall post, in each U.S. 
     Customs and Border Protection facility in which 1 or more 
     noncitizen children are housed, the contact information for 
     the Ombudsperson in multiple languages, including the top 20 
     preferred languages.
       (B) Additional languages.--The Ombudsperson may require 
     such contact information to be posted in any additional 
     language the Ombudsperson considers necessary based on the 
     demographics of arriving noncitizen children.
       (h) Age Assessments.--
       (1) In general.--Any individual who claims to be under the 
     age of 18 years shall be presumed to be so and shall be 
     treated according to the law and standards applicable to 
     noncitizen children in immigration custody, unless following 
     an age assessment, it is established by clear and convincing 
     evidence that the individual is 18 years of age or older.
       (2) Requirements.--
       (A) In general.--An age assessment may only be conducted if 
     the Secretary or Secretary of Homeland Security has recent, 
     credible, and documented evidence that the individual 
     concerned is 18 years of age or older.
       (B) Considerations.--If an age assessment is conducted, the 
     Secretary and the Secretary of Homeland Security shall take 
     into consideration, to the extent such information is readily 
     available--
       (i) written or photographic evidence;
       (ii) statements and representations of the individual 
     concerned and of the family and community members who know 
     such individual; and
       (iii) the relevant cultural and ethnic context.
       (C) Prohibited methods.--The Secretary or the Secretary of 
     Homeland Security may not--
       (i) conduct any medical age assessment that consists of 
     imaging studies, such as bone or dental radiography, dental 
     examinations, or height, weight, skin, or sexual maturity 
     ratings; or
       (ii) rely on the physical appearance of a child to justify 
     an age assessment.
       (D) Legal counsel.--
       (i) In general.--An individual with respect to whom an age 
     assessment is conducted shall be provided with legal counsel 
     before receiving such assessment and may not be removed 
     before receiving such counsel.
       (ii) Evidence.--Legal counsel provided under clause (i) 
     shall be provided with all evidence upon which the Secretary 
     or the Secretary of Homeland Security relies to justify 
     conducting an age assessment or to support an age assessment 
     determination.

     SEC. 4106. MODIFICATION OF TERM ``ASYLUM OFFICER'' TO EXCLUDE 
                   OFFICERS OF U.S. CUSTOMS AND BORDER PROTECTION.

       Section 235(b)(1)(E) of the Immigration and Nationality Act 
     (8 U.S.C. 1225(b)(1)(E)) is amended--
       (1) in clause (i), by striking ``, and'' and inserting a 
     semicolon;
       (2) in clause (ii), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(iii) is employed by the Refugee, Asylum, and 
     International Operations Directorate of U.S. Citizenship and 
     Immigration Services.''.

TITLE II--STANDARDS FOR DEPARTMENT OF HEALTH AND HUMAN SERVICES CUSTODY 
                  OF UNACCOMPANIED NONCITIZEN CHILDREN

  Subtitle A--Standards for Foster Care Homes and Childcare Facilities

     SEC. 4201. OPERATION OF FOSTER CARE HOMES AND CHILDCARE 
                   FACILITIES.

       (a) In General.--An entity contracted by the Director to 
     operate a childcare facility shall be licensed by an 
     appropriate State agency to provide residential, group, or 
     foster care services for dependent children.
       (b) Operation as Nonsecure Facilities.--Each foster care 
     home operated by a State-licensed program contracted by the 
     Director to provide care for 1 or more unaccompanied 
     noncitizen children, and each childcare facility, including 
     any facility for special needs noncitizen children, shall be 
     maintained as a nonsecure facility, in accordance with 
     applicable State law.

     SEC. 4202. NOTICE OF RIGHTS.

       (a) In General.--The Ombudsperson shall develop a notice of 
     children's rights in childcare facilities, which shall be--
       (1) posted in each childcare facility in all locations in 
     which unaccompanied noncitizen children are located; and
       (2) distributed to each unaccompanied noncitizen child on 
     arrival at a childcare facility.
       (b) Description of Rights.--The notice required by 
     subsection (a) shall include--
       (1) a description of--
       (A) all rights afforded to an unaccompanied noncitizen 
     child under section 235 of the William Wilberforce 
     Trafficking Victims Protection Reauthorization Act of 2008 (8 
     U.S.C. 1232) and this division;
       (B) the right to a bond redetermination hearing; and
       (C) any other existing mechanism by which children may seek 
     to enforce their rights, including placement review panels; 
     and
       (2) a list of pro bono legal services providers and contact 
     information for such providers.
       (c) Format and Languages.--
       (1) In general.--Such notice shall be--
       (A) written in a manner that is child friendly and age-
     appropriate; and
       (B) made available and posted in multiple languages, 
     including the top 20 preferred languages.
       (2) Additional languages.--The Ombudsperson may require 
     that such notice be made available and posted in any 
     additional language the Ombudsperson considers necessary 
     based on the demographics of arriving noncitizen children.
       (d) Orientation to Role of Office of the Ombudsperson.--
     Each State-licensed program that operates a childcare 
     facility shall provide to each unaccompanied noncitizen child 
     in its care--
       (1) information about the Office of the Ombudsperson; and
       (2) the contact information for the Office of the 
     Ombudsperson.

     SEC. 4203. STAFFING AND TRAINING.

       (a) Federal Field Specialists.--The Director shall--
       (1) maintain for each childcare facility a reasonable 
     Federal field specialist-to-unaccompanied noncitizen child 
     ratio;
       (2) hire additional Federal field specialists as necessary 
     to ensure that, for the majority of unaccompanied noncitizen 
     children in the custody of the Secretary, a decision 
     regarding their release can be made by Federal field 
     specialists not later than 48 hours after the approval of a 
     release recommendation to a sponsor; and
       (3) develop and manage a plan for expeditiously placing 
     unaccompanied noncitizen children who have no identified 
     sponsor in the least restrictive setting that most 
     approximates a family.
       (b) Case Management Specialists.--The Director shall ensure 
     that each State-licensed program that operates a childcare 
     facility--
       (1) maintains a ratio of 8 unaccompanied noncitizen 
     children to each case management specialist;
       (2) provides training for case management specialists that 
     enables the Department of Health and Human Services to meet 
     required timelines for the reunification of unaccompanied 
     noncitizen children in accordance with section 4231(c); and
       (3) develops accountability measures with respect to the 
     adherence of case management specialists to such timelines.
       (c) Contingency Fund To Address Emergent Needs.--
       (1) In general.--In addition to amounts otherwise 
     available, there is appropriated to the Secretary of Health 
     and Human Services, out of any money in the Treasury not 
     otherwise appropriated, $46,500,000, to remain available 
     until expended, for a contingency fund (referred to in this 
     section as the ``Fund'') for the hiring of case management 
     specialists as required by an influx or any other emergent 
     situation for the purpose of facilitating the release process 
     and minimizing the risk that childcare facilities reach full 
     capacity.
       (2) Use of fund.--
       (A) Discretionary use.--The Director may draw upon the Fund 
     to reduce the ratio to 6 unaccompanied noncitizen children 
     for each case management specialist if--
       (i) the national utilization rate (excluding funded but 
     unplaceable beds and calculated as the number of filled beds 
     divided by the number of beds available for placement, 
     expressed as a percentage) reaches or exceeds 65 percent in 
     any week; or
       (ii) the Director certifies to Congress that the rate of 
     increase in childcare facility usage, as calculated by the 
     Director for purposes of section 4602(b)(3)(F)(i)(VI), has 
     led the Director to believe that such national utilization 
     rate will reach 90 percent in any week during the subsequent 
     10-week period.
       (B) Mandatory use.--The Director shall draw upon the Fund 
     to reduce the ratio to 6 unaccompanied noncitizen children 
     for each case management specialist if such national 
     utilization rate reaches or exceeds 90 percent in any week.
       (d) Training.--
       (1) In general.--With respect to the personnel of a State-
     licensed program that operates a childcare facility, the 
     Director shall provide regular in-person training, and a 
     coaching plan with support for 30 days, for such personnel 
     who interact with unaccompanied noncitizen children, 
     including youth care workers, that is--
       (A) specific to the age and gender of the unaccompanied 
     noncitizen children at the specific childcare facility; and
       (B) consistent across the Office of Refugee Resettlement's 
     network of State-licensed programs.
       (2) Topics.--The training required by paragraph (1) shall 
     address the following topics:
       (A) Ethical standards of conduct based on accepted child 
     welfare principles with respect to the care of unaccompanied 
     noncitizen children.
       (B) Mental health and trauma.
       (C) Child development.
       (D) Prevention of sexual abuse and harassment.
       (E) Cultural humility.
       (F) Racial sensitivity.
       (G) De-escalation techniques to avert unnecessary 
     involvement of local law enforcement prior to exhaustion of 
     alternative,

[[Page S620]]

     trauma-informed care, treatment, and restorative responses.
       (H) Disabilities.
       (3) Specific training for staff working with early 
     childhood minors.--The Director shall ensure that personnel 
     who interact with unaccompanied noncitizen children who are 
     early childhood minors receive specialized training relevant 
     to the needs and capacities of such children.
       (4) Development of training materials.--The Director, in 
     collaboration with stakeholders who have expertise in child 
     migration, child mental health, and child development, 
     shall--
       (A) develop written, audio, or visual materials with which 
     training under this subsection may be conducted; and
       (B) before distribution to personnel of such State-licensed 
     programs, provide the Ombudsperson with such materials.
       (5) Department of health and human services staff.--Not 
     later than 90 days after the date of the enactment of this 
     Act, the Secretary shall provide appropriate guidance and 
     training for all Department of Health and Human Services 
     employees with respect to the requirements of this division.

       Subtitle B--Services for Unaccompanied Noncitizen Children

     SEC. 4211. REQUIRED SERVICES.

       (a) Provision of Required Services.--A State-licensed 
     program that operates a childcare facility shall provide the 
     following services for each unaccompanied noncitizen child in 
     its care:
       (1) On admission to the childcare facility, a comprehensive 
     orientation regarding--
       (A) the rights of the unaccompanied noncitizen child;
       (B) the role of the State-licensed program;
       (C) the services, rules, procedures, and expectations of 
     the State-licensed program; and
       (D) the availability of legal assistance.
       (2) Proper physical care and maintenance, including 
     suitable living accommodations, food, appropriate clothing, 
     and personal hygiene items.
       (3) Not later than 2 business days after admission to the 
     childcare facility, a comprehensive medical examination that 
     includes screening for infectious disease.
       (4) Appropriate, ongoing, and routine medical and dental 
     care, as prescribed by a licensed physician, advanced 
     practice provider, nurse, or physician assistant, including--
       (A) reproductive health and family planning services;
       (B) emergency health care services;
       (C) immunizations in accordance with the Centers for 
     Disease Control and Prevention guidelines;
       (D) administration of prescribed medication and special 
     diets; and
       (E) mental health screening and intervention, including 
     referrals.
       (5) An individualized needs assessment, which shall include 
     the following:
       (A) Collection of essential data relating to the 
     identification and history of the unaccompanied noncitizen 
     child and family.
       (B) Identification of any special needs of the 
     unaccompanied noncitizen child, including any need that 
     requires immediate intervention.
       (C) An educational assessment and plan.
       (D) An assessment of family relationships.
       (E) A statement of religious preference and practice.
       (F) An assessment of the personal goals, strengths, and 
     weaknesses of the unaccompanied noncitizen child.
       (G) Collection of identifying information regarding 
     immediate family members, other relatives, godparents, or 
     friends who may be residing in the United States and who may 
     be able to assist in family reunification.
       (6) A comprehensive individual plan for the care of the 
     unaccompanied noncitizen child, which shall be--
       (A) developed in accordance with the child's needs, as 
     determined by the individualized needs assessment under 
     paragraph (5); and
       (B) implemented and closely coordinated through an 
     operative case management system.
       (7) Education services, as described in section 4213.
       (8) Recreational activities, as described in section 4214.
       (9) Counseling services, including--
       (A) not fewer than 2 weekly individual counseling sessions 
     conducted by licensed mental health professionals, including 
     social workers, psychologists, and psychiatric staff; and
       (B) not fewer than 1 weekly group counseling session 
     conducted by licensed mental health professionals, including 
     social workers, psychologists, or psychiatric staff.
       (10) Acculturation and adaptation services, including the 
     provision of information regarding the development of social 
     and interpersonal skills.
       (11) Religious and spiritual services of the unaccompanied 
     noncitizen child's choice, if any.
       (12) Case management services designed to identify 
     relatives or prospective sponsors in the United States and 
     ensure the quick release of the unaccompanied noncitizen 
     child from the custody of the Secretary.
       (13) Visitation and contact with family members, regardless 
     of the immigration status of the family members. An 
     unaccompanied noncitizen child and family members of such a 
     child shall be provided with a private, confidential space to 
     meet in during such visitation. The Secretary of Homeland 
     Security may not pursue enforcement actions against such 
     family members during or immediately before or after such 
     visitation.
       (14) Telephone and video access for contacting parents, 
     family members, and caregivers, in a private space that 
     ensures confidentiality, at no cost to the unaccompanied 
     noncitizen child, family member, or caregiver. An 
     unaccompanied noncitizen child shall be permitted such access 
     not fewer than 4 times weekly for a period of not less than 
     30 minutes each time.
       (15) A reasonable right to privacy, including the right of 
     the unaccompanied noncitizen child--
       (A) to wear the child's own clothes, as available;
       (B) to retain a private space in the childcare facility for 
     the storage of personal belongings;
       (C) to talk privately on the telephone, as permitted by the 
     rules and regulations of the State-licensed program;
       (D) to visit privately with guests, as permitted by such 
     rules and regulations; and
       (E) to receive and send uncensored correspondence.
       (16) Legal services information regarding the availability 
     of free legal assistance, the right to be represented by 
     counsel, screenings and legal orientation presentations, and 
     facilitated, confidential access to counsel, as described in 
     title IV.
       (b) Considerations for Provision of Services.--A State-
     licensed program that operates a childcare facility shall 
     provide the services described in subsection (a) in a manner 
     that is sensitive to the age, culture, native language, and 
     complex needs of each unaccompanied noncitizen child.
       (c) Rules and Discipline Standards.--
       (1) In general.--The rules and discipline standards of such 
     a State-licensed program shall be--
       (A) formulated with consideration given to the age ranges, 
     developmental stages, and degree of trauma experienced by the 
     unaccompanied noncitizen children in the applicable childcare 
     facility; and
       (B) culturally sensitive to the needs of such children.
       (2) Prohibited measures.--Such a State-licensed program may 
     not subject any unaccompanied noncitizen child to--
       (A) corporal punishment, physical or chemical restraint, 
     seclusion, humiliation, verbal or mental abuse, or punitive 
     interference with the daily functions of living, such as 
     eating, sleeping, or bathroom access; or
       (B) any disciplinary measure that--
       (i) adversely affects the health or physical or 
     psychological well-being of the unaccompanied noncitizen 
     child; or
       (ii) denies an unaccompanied noncitizen child regular 
     meals, water, sleep, exercise, medical care, correspondence 
     privileges, legal assistance, education, recreation, bathroom 
     access, or any other service described in subsection (a).
       (d) Recordkeeping.--
       (1) Individual case records.--The operator of each 
     childcare facility and influx facility shall develop, 
     maintain, and safeguard individual client case records on 
     each unaccompanied noncitizen child in care at the facility.
       (2) Confidentiality.--The operator of each childcare 
     facility and influx facility shall develop and maintain a 
     system of accountability that preserves the confidentiality 
     of client information and protects such records from 
     unauthorized use or disclosure in accordance with section 
     4804.
       (3) Reporting.--The operator of each childcare facility and 
     influx facility shall maintain adequate records and make 
     regular reports, as required by the Ombudsperson, that permit 
     the Ombudsperson to monitor and enforce this division, the 
     amendments made by this division, and any other requirement 
     or standard determined by the Ombudsperson to be in the best 
     interests of unaccompanied noncitizen children.

     SEC. 4212. EVALUATION FOR DISABILITY.

       (a) In General.--The Director shall provide unaccompanied 
     noncitizen children who present an indication of a disability 
     with an evaluation for services under section 504 of the 
     Rehabilitation Act of 1973 (29 U.S.C. 794), and provide 
     unaccompanied noncitizen children with disabilities with 
     services (including accommodations) through an individualized 
     plan that includes a plan for prompt release.
       (b) Records.--Any record of a screening or an evaluation 
     conducted under this section, and any record related to a 
     decision with respect to the release of an unaccompanied 
     noncitizen child with a disability, shall be maintained 
     separately from the unaccompanied noncitizen child's 
     immigration file (commonly known as an ``A-File'').

     SEC. 4213. EDUCATION.

       (a) Curriculum.--
       (1) State standards.--A State-licensed program shall 
     provide educational instruction to unaccompanied noncitizen 
     children using a curriculum that--
       (A) includes access to physical education, art, and other 
     electives; and
       (B) is consistent with the licensing and academic standards 
     of the State in which the State-licensed program is located.
       (2) Basic academic areas.--The basic academic areas covered 
     by such curriculum shall include science, social studies, 
     math, reading, and writing.
       (b) Licensing and Certification Requirements.--

[[Page S621]]

       (1) In general.--Teachers, administrators, counselors, and 
     support staff providing education to unaccompanied noncitizen 
     children at a childcare facility shall--
       (A) meet local and State certification or licensure 
     requirements; and
       (B) in the case of an unaccompanied noncitizen child in 
     custody for a period longer than 60 days or who was 
     previously attending school in the United States, ensure that 
     the child receives transferable credit.
       (c) Instruction.--
       (1) In general.--Educational instruction at a childcare 
     facility shall be--
       (A) appropriate to the level of development and 
     communication skills of an unaccompanied noncitizen child; 
     and
       (B) provided in a structured classroom setting on a weekly 
     basis Monday through Friday.
       (2) Class size.--An unaccompanied noncitizen child may not 
     be placed in a class in which the teacher-to-student ratio 
     exceeds the applicable State maximum ratio.
       (d) Language Access and Educational Environment.--The 
     educational program at a childcare facility shall--
       (1) include instruction and reading materials, educational 
     and otherwise, in the primary languages of the unaccompanied 
     noncitizen children at the childcare facility; and
       (2) be provided in an emotionally, culturally, and 
     physically safe environment.
       (e) Individual Education Program.--A State-licensed program 
     that operates a childcare facility shall provide any eligible 
     unaccompanied noncitizen child who is a child with a 
     disability (as defined in section 602 of the Individuals with 
     Disabilities Education Act (20 U.S.C. 1401)) with special 
     education and related services pursuant to an individualized 
     education program that is developed for the unaccompanied 
     noncitizen child and is consistent with the requirements 
     provided under the Individuals with Disabilities Education 
     Act (20 U.S.C. 1401 et seq.).
       (f) Other Educational Opportunities.--The educational 
     program of such a State-licensed program shall include 
     educational opportunities addressing personal, social, 
     emotional, intellectual, and employment skills.

     SEC. 4214. RECREATION.

       (a) In General.--A State-licensed program that operates a 
     childcare facility shall provide recreational opportunities 
     that meet or exceed--
       (1) the guidelines of the Department of Health and Human 
     Services entitled ``2018 Physical Activity Guidelines for 
     Americans''; and
       (2) the guidelines of the President's Council on Sports, 
     Fitness, and Nutrition.
       (b) Activities.--
       (1) In general.--Activities for recreation and leisure 
     time, which shall include daily outdoor activity, weather 
     permitting, shall include--
       (A) not less than 1 hour daily of large-muscle activity; 
     and
       (B) not less than 1 hour daily of structured leisure time 
     activities, which shall not include time spent watching 
     television or video.
       (2) Days on which school is not in session.--The periods 
     scheduled for activities described in paragraph (1) shall be 
     increased to a total of 3 hours daily on any day on which 
     school is not in session.
       (3) Recreation areas.--Not less frequently than weekly, a 
     State-licensed program that does not have an adequate on-site 
     recreation area shall take children to off-site parks, 
     community recreation centers, or other suitable locations.
       (4) Language-appropriate reading materials.--A State-
     licensed program shall provide appropriate reading materials 
     in the preferred languages of unaccompanied noncitizen 
     children for use during leisure time.

                   Subtitle C--Placement of Children

     SEC. 4221. PHASING OUT LARGE CONGREGATE CARE FACILITIES.

       (a) Definition of Large Congregate Care Facility.--In this 
     section, the term ``large congregate care facility'' means a 
     facility intended to house more than 25 individuals at a 
     time.
       (b) Phaseout.--
       (1) In general.--Beginning on the date that is 2 years 
     after the date of the enactment of this Act--
       (A) the Director may not place an unaccompanied noncitizen 
     child in a large congregate care facility; and
       (B) no Federal funds shall be made available for the 
     purpose of--
       (i) housing an unaccompanied noncitizen child in such a 
     facility; or
       (ii) placing an unaccompanied noncitizen child in any 
     congregate care facility for a period longer than 14 days.
       (2) Exception.--Paragraph (1) shall not apply to any of the 
     following:
       (A) An influx facility.
       (B) A setting specializing in prenatal, postpartum, or 
     parenting support for youth.
       (C) A supervised independent living setting under the post-
     18 program described in section 4243(c).
       (D) A program addressing the needs of victims of 
     trafficking.
       (E) A qualified residential treatment program specifically 
     designed to meet the needs of a child with serious emotional 
     or behavioral health needs.
       (c) Plan Required.--
       (1) In general.--The Director shall develop a plan to 
     eliminate the use of large congregate care facilities by the 
     date that is 2 years after the date of the enactment of this 
     Act.
       (2) Elements.--The plan required by paragraph (1) shall 
     include the following:
       (A) Specific measures the Director will take to eliminate 
     the use of such facilities.
       (B) Performance benchmarks that require the Director to 
     place unaccompanied noncitizen children in compliant 
     congregate care facilities as follows:
       (i) 25 percent of such children not later than the date 
     that is 1 year after the date of the enactment of this Act.
       (ii) 75 percent of such children not later than 545 days 
     after such date of enactment.
       (iii) 100 percent of such children not later than 2 years 
     after such date of enactment.
       (3) Submittal to congress.--Not later than 90 days after 
     the date of the enactment of this Act, the Director shall 
     submit to Congress the plan developed under paragraph (1).
       (d) Transitional Support for Nongovernmental 
     Organizations.--To the extent that the transition to 
     childcare facilities housing 25 unaccompanied noncitizen 
     children or fewer affects nongovernmental organizations that 
     provide services to such children, the Director shall 
     increase funding to such organizations--
       (1) to prevent a disruption or decrease in services;
       (2) to establish centralized locations for unaccompanied 
     noncitizen children to receive services from such 
     organizations; and
       (3) to increase funding for representation of released 
     children.

     SEC. 4222. LEAST RESTRICTIVE SETTING.

       An unaccompanied noncitizen child in the custody of the 
     Secretary shall be placed in the least restrictive setting 
     that most approximates a family and in which the child's 
     special needs, if any, may be met consistent with the best 
     interests and special needs of the child.

     SEC. 4223. FOSTER FAMILY CARE.

       (a) Preference for Foster Family Care.--
       (1) In general.--With respect to an unaccompanied 
     noncitizen child in the custody of the Secretary, the 
     Director shall make active efforts to place the child in the 
     least restrictive setting that most approximates a family and 
     in which the child's special needs, if any, may be met.
       (2) Additional consideration.--Such an unaccompanied 
     noncitizen child shall be placed within reasonable proximity 
     to the location of the child's immigration proceedings, 
     taking into account any special needs of the child before 
     placing the child in a childcare facility.
       (b) Transitional Foster Care.--
       (1) In general.--An unaccompanied noncitizen child whose 
     length of care in the custody of the Secretary is anticipated 
     to be not more than 30 days shall be eligible for a 
     transitional foster care placement in a family home licensed 
     to provide such shorter term care.
       (2) Priority.--The Director shall prioritize for placement 
     in transitional foster care the following categories of 
     unaccompanied noncitizen children:
       (A) Unaccompanied noncitizen children under 13 years of 
     age.
       (B) Sibling groups with 1 or more siblings who are under 13 
     years of age.
       (C) Unaccompanied noncitizen children who are pregnant or 
     parenting.
       (D) Unaccompanied noncitizen children with special needs, 
     including any unaccompanied noncitizen child with a 
     disability.
       (c) Stays Expected To Extend More Than 30 Days.--
       (1) In general.--An unaccompanied noncitizen child whose 
     length of care in the custody of the Secretary is anticipated 
     to be more than 30 days, or a noncitizen who entered the 
     custody of the Secretary as a child and who has reached the 
     age of 18 years, shall be eligible for a long-term foster 
     care placement in the least restrictive setting that most 
     approximates a family and in which the child's best interests 
     and any special needs may be met.
       (2) Contracting requirements.--The Director shall--
       (A) seek to enter into 1 or more contracts with State-
     licensed foster care providers for the provision of long-term 
     foster care placements for all eligible unaccompanied 
     noncitizen children; and
       (B) ensure that such providers accept unaccompanied 
     noncitizen children for placement in a timely manner.
       (d) Access to Foster Care for Children With Disabilities or 
     Mental or Behavioral Health-
     Related Needs.--
       (1) In general.--The Director shall--
       (A) ensure access to transitional and long-term foster care 
     placements for unaccompanied noncitizen children 
     notwithstanding--
       (i) disabilities;
       (ii) behavioral concerns or involvement in the juvenile 
     justice system;
       (iii) prior incident reports; or
       (iv) prior or current restrictive placements (as defined in 
     section 4226); and
       (B) seek to enter into 1 or more contracts with foster care 
     providers that have the documented capacity and commitment to 
     accept children regardless of disabilities or mental or 
     behavioral health-related needs.
       (2) Equal access.--
       (A) In general.--An unaccompanied noncitizen child with 
     mental or behavioral health-related needs who does not pose a 
     documented, imminent threat to himself or herself, to others, 
     or to the community shall

[[Page S622]]

     be eligible for, and shall be provided equal access to, a 
     foster care placement.
       (B) Eligibility for transfer.--If such a child is in a 
     restrictive placement, he or she shall be eligible for direct 
     transfer to a foster care placement.
       (3) Limitation on refusal of placement.--A State-licensed 
     program that operates a childcare facility may not refuse 
     placement of an unaccompanied noncitizen child based on a 
     disability or a mental or behavioral health-related need 
     absent individualized documentation that--
       (A) State licensing requirements bar acceptance of the 
     specific unaccompanied noncitizen child based on the child's 
     individual needs; and
       (B) a request for a variance from such a requirement has 
     been denied or is unavailable under State law.
       (e) Background Checks.--
       (1) In general.--The Director shall ensure that a Federal 
     Bureau of Investigation background check and, in any 
     applicable State, a child abuse or neglect registry check, 
     has been conducted for each resident of a foster care 
     placement for an unaccompanied noncitizen child.
       (2) Limitation on denial of placement.--A criminal history 
     of a resident of a potential foster care placement shall not 
     be the basis for a denial of the foster care placement for an 
     unaccompanied noncitizen child unless the Director 
     demonstrates that such history--
       (A) includes a conviction for child abuse or trafficking; 
     or
       (B)(i) is less than 10 years old; and
       (ii) has a direct and immediate impact on the safety of the 
     unaccompanied noncitizen child.

     SEC. 4224. ADDITIONAL REQUIREMENTS RELATING TO CHILDREN WITH 
                   DISABILITIES AND CHILDREN WITH MENTAL HEALTH 
                   NEEDS.

       (a) Prioritization of Release.--The Director shall 
     prioritize the release to sponsors of unaccompanied 
     noncitizen children with disabilities so that such children 
     may receive, in the community rather than in immigration 
     custody, evidence-based, trauma-informed services tailored to 
     their needs.
       (b) Access to Services While in Custody.--In the case of an 
     unaccompanied noncitizen child with disabilities who cannot 
     be expeditiously released, the Director shall provide access 
     to any necessary service in the least restrictive integrated 
     setting possible until a family-based placement is secured.
       (c) Support.--The Director shall support unaccompanied 
     noncitizen children with disabilities by--
       (1) contracting with a range of placements so as to ensure 
     that integrated settings are available for such children;
       (2) providing resources to support placement, such as by 
     connecting providers with community-based services or 
     assisting with licensing variances; and
       (3) developing and delivering trauma-informed disability-
     related training to all frontline care provider staff, in 
     collaboration with stakeholders who have expertise in serving 
     children with disabilities.
       (d) Network Capacity.--Not less than 75 percent of all 
     childcare facilities and foster care placements shall have 
     appropriate State licensing and documented capability to 
     house unaccompanied noncitizen children with disabilities.

     SEC. 4225. MINIMIZING TRANSFERS.

       (a) In General.--The Director shall--
       (1) minimize transfer of unaccompanied noncitizen children 
     among childcare facilities and between short-term and long-
     term foster care placements; and
       (2) ensure that--
       (A) the Ombudsperson tracks any third or subsequent 
     transfer of a child between childcare facilities or 
     placements;
       (B) unaccompanied noncitizen children remain in the least 
     restrictive settings that most approximate a family; and
       (C) unaccompanied noncitizen children who are siblings are 
     housed together in the same childcare facility unless there 
     is an extraordinary need for specialized care, such as 
     inpatient health care services.
       (b) Notice.--
       (1) In general.--In the case of an unaccompanied noncitizen 
     child who is transferred to another childcare facility or 
     foster family home placement, not less than 48 hours before 
     the transfer occurs, the Director shall--
       (A) notify the child in a language and format the child 
     understands; and
       (B) notify and provide a justification for the transfer to 
     the child's sponsor, legal counsel or local legal services 
     provider, and child advocate, as applicable.
       (2) Exception.--
       (A) In general.--Paragraph (1) shall not apply in an 
     unusual and compelling circumstance, such as--
       (i) a circumstance in which--

       (I) the safety of the unaccompanied noncitizen child or any 
     other individual is threatened; or
       (II) the child has previously attempted to abscond from 
     custody; or

       (ii) a case in which the unaccompanied noncitizen child's 
     legal counsel has waived notice under that paragraph.
       (B) Notice after transfer.--In the case of a circumstance 
     or waiver described in subparagraph (A), notice shall be 
     provided to the unaccompanied noncitizen child's legal 
     counsel or local legal services provider, and child advocate, 
     as applicable, not later than 24 hours after the transfer.
       (c) Possessions and Legal Papers.--The Director shall 
     ensure that any unaccompanied noncitizen child is transferred 
     with all of his or her possessions and legal papers.

     SEC. 4226. RESTRICTIVE PLACEMENTS.

       (a) Definitions.--In this section:
       (1) Restrictive placement.--The term ``restrictive 
     placement'' means--
       (A) a staff-secure facility;
       (B) a therapeutic staff-secure facility; and
       (C) a placement in any setting other than a childcare 
     facility, an influx facility, or licensed foster care 
     placement.
       (2) Therapeutic childcare facility.--The term ``therapeutic 
     childcare facility'' means a--
       (A) congregate care facility for the purpose of 
     rehabilitation or residential treatment; and
       (B) an out-of-network facility or group home the staff of 
     which has specialized training to care for children and 
     adolescents with significant emotional, behavioral, social, 
     or medical needs.
       (b) Placement Review Hearings for Transfers to Restrictive 
     Placements.--
       (1) In general.--In the case of transfer of an 
     unaccompanied noncitizen child to a restrictive placement, 
     the Director shall provide an administrative placement review 
     hearing conducted in accordance with sections 554 through 557 
     of title 5, United States Code.
       (2) Notice.--
       (A) In general.--Except as provided in subparagraph (B), 
     the Director shall provide written notice of intent to 
     transfer an unaccompanied noncitizen child to a restrictive 
     placement to the child concerned and the child's legal 
     counsel and child advocate.
       (B) Exception.--The Director may transfer an unaccompanied 
     noncitizen child to a restrictive placement without providing 
     notice under subparagraph (A) only if the Director has a 
     reasonable belief, based on clearly articulable facts, that 
     the child is a present, imminent danger to himself or herself 
     or to others.
       (C) Elements.--A notice required by subparagraph (A) shall 
     include, in a language and format the unaccompanied 
     noncitizen child understands, the following:
       (i) The time, date, and location of the hearing under 
     paragraph (1).
       (ii) A description of the individualized allegations relied 
     on by the Director in support of such transfer, including all 
     supporting evidence.
       (iii) An explanation that the unaccompanied noncitizen 
     child--

       (I) has a right to contest such transfer at such hearing; 
     and
       (II) may submit additional evidence, including witness 
     testimony.

       (3) Timing of hearing.--A hearing under this subsection 
     shall occur not less than--
       (A) 72 hours after the unaccompanied noncitizen child 
     concerned receives notice under paragraph (2); and
       (B) 5 business days before the transfer to the restrictive 
     placement is scheduled to occur.
       (4) Procedural matters.--
       (A) Neutral fact finder.--A hearing under this subsection 
     shall be presided over by a neutral fact finder who--
       (i) is not an employee of the Office of Refugee 
     Resettlement; and
       (ii) has expertise in child welfare.
       (B) Rights of child.--
       (i) In general.--At a hearing under this subsection, an 
     unaccompanied noncitizen child shall have--

       (I) the right to counsel; and
       (II) the right and opportunity to confront, inspect, and 
     rebut the evidence alleged to justify the transfer to a 
     restrictive placement.

       (ii) Waiver of presence.--With the assistance of counsel, 
     an unaccompanied noncitizen child may waive his or her 
     presence at a hearing under this subsection.
       (C) Availability of office of refugee resettlement 
     records.--The Director shall disclose to the unaccompanied 
     noncitizen child concerned and the legal counsel and child 
     advocate of the child, as applicable, the child's entire case 
     file and all evidence supporting the determination to 
     transfer the child to a restrictive placement--
       (i) not later than 24 hours after such determination is 
     made; and
       (ii) not less than 2 days before the date of the hearing 
     under this subsection.
       (D) Interpretation services.--An interpreter in the 
     preferred language of the unaccompanied noncitizen child 
     shall be made available for a hearing under this subsection.
       (E) Burdens of production and proof.--The Director shall 
     have the burden of production and the burden of proof, by 
     clear and convincing evidence, to establish that--
       (i) the unaccompanied noncitizen child is a present danger 
     to himself or herself or to others;
       (ii) a restrictive placement is consistent with the best 
     interests of the child;
       (iii) there is no viable alternative to a restrictive 
     placement to ensure the best interests of the child; and
       (iv) the child's placement in a facility that is not a 
     restrictive placement would not provide the services or 
     resources necessary.
       (F) Record of proceedings.--The record of proceedings for a 
     hearing under this subsection, and all related 
     documentation--
       (i) shall be maintained separately and apart from the 
     unaccompanied noncitizen child's immigration file (commonly 
     called the ``A-File''); and

[[Page S623]]

       (ii) shall not form any part of, and shall not be relied 
     upon, in any removal proceedings or any adjudication carried 
     out by U.S. Citizenship and Immigration Services, including 
     with respect to final decisions and discretionary factors.
       (5) Written decision.--
       (A) In general.--Not later than 2 business days before the 
     date on which the unaccompanied noncitizen child concerned is 
     scheduled to be transferred to a restrictive placement, the 
     fact finder shall issue a written decision approving or 
     denying such transfer, which shall be binding on the Office 
     of Refugee Resettlement.
       (B) Consideration of best interest recommendation.--In 
     making a decision on such a transfer, the fact finder shall 
     consider, and respond in writing to, the recommendation of 
     the child advocate of the unaccompanied noncitizen child 
     concerned.
       (C) Elements.--A written decision under this paragraph 
     shall--
       (i) set forth a detailed, specific, and individualized 
     justification for the decision; and
       (ii) notify the unaccompanied noncitizen child of the 
     child's--

       (I) right to placement review hearings under subsection 
     (e);
       (II) right to seek review of the decision by the 
     Ombudsperson under paragraph (6); and
       (III) right to seek judicial review of the decision.

       (D) Language access.--The decision shall be made available 
     in a language and in a format the unaccompanied noncitizen 
     child understands.
       (E) Submission to ombudsperson.--Not later than 72 hours 
     after a decision in a placement review hearing is issued 
     under this paragraph, the fact finder shall submit the 
     decision to the Ombudsperson.
       (6) Review by ombudsperson.--
       (A) In general.--On request by an unaccompanied noncitizen 
     child or the legal counsel or child advocate of the child, 
     the Ombudsperson shall carry out a review of a decision under 
     paragraph (5), which shall be completed not later than 15 
     days after the date on which the request for review is made.
       (B) Recommendation.--
       (i) In general.--In carrying out a review under this 
     paragraph, the Ombudsperson may make a recommendation with 
     respect to whether such decision should be modified.
       (ii) Finding of erroneous decision.--

       (I) In general.--If the Ombudsperson determines that the 
     decision under paragraph (5) was erroneous, the Ombudsperson 
     shall submit to the Director a recommendation for further 
     action.
       (II) Written statement.--

       (aa) In general.--If the Director declines to follow the 
     recommendation of the Ombudsperson, the Director shall 
     provide a detailed written justification to the child, the 
     prospective sponsor, the legal counsel and the child advocate 
     of the child, and the legal counsel of the prospective 
     sponsor, as applicable.
       (bb) Nondelegation.--The Director may not delegate the 
     requirement to issue such a written statement to any other 
     individual.
       (c) Limitations on Placement in Secure Facilities and 
     Staff-Secure Facilities.--
       (1) In general.--The Director may not place an 
     unaccompanied noncitizen child in a staff-secure facility 
     based solely on a risk of self-harm or behavior related to 
     the child's trauma or mental health that could be addressed 
     in a less restrictive setting with additional accommodations 
     or rehabilitative care.
       (2) Secure facilities.--The Director may never hold or 
     place an unaccompanied noncitizen child in a secure facility.
       (3) Staff-secure facilities.--
       (A) In general.--The Director may only hold or place an 
     unaccompanied noncitizen child in a staff-secure facility 
     if--
       (i) there is clear and convincing evidence that the child 
     poses a serious and imminent danger to others at the time of 
     placement;
       (ii) upon holistic review of the child's file, there is 
     clear and convincing evidence that the assessed danger does 
     not stem from the child's trauma or mental health conditions; 
     and
       (iii) even with additional accommodations and de-escalation 
     measures, the child cannot be adequately cared for in a less 
     restrictive setting or rehabilitative care.
       (B) Duration.--The Director may only hold an unaccompanied 
     noncitizen child in a staff-secure facility under 
     subparagraph (A) during the period in which the Director can 
     demonstrate that the conditions described in that 
     subparagraph exist.
       (C) Transfer.--The Director shall consider transfer of the 
     child to a less restrictive placement as soon as these 
     requirements are no longer met, even if the child has been in 
     the placement for less than 30 days.
       (4) Prohibition on placement in u.s. immigration and 
     customs enforcement facilities.--The Director may not place 
     any noncitizen child in--
       (A) a U.S. Immigration and Customs Enforcement facility; or
       (B) a facility operated by contract with U.S. Immigration 
     and Customs Enforcement.
       (d) Placement in Therapeutic Childcare Facilities.--
       (1) Limitation.--The Director may place an unaccompanied 
     noncitizen child in a therapeutic childcare secure facility 
     only if--
       (A) the unaccompanied noncitizen child has received a 
     detailed, individualized evaluation by a licensed 
     psychologist or psychiatrist who is experienced in the care 
     of children; and
       (B) the mental health professional conducting the 
     evaluation under subparagraph (A) has determined that--
       (i) the child poses a substantial risk of harm to himself 
     or herself or to others;
       (ii) such placement is in the best interests of the child; 
     and
       (iii) even with additional accommodations or rehabilitative 
     care, at the time of placement, the child cannot be 
     adequately cared for in a less restrictive setting until the 
     child receives services provided in such a placement.
       (2) Preference for community-based therapeutic foster 
     care.--Before placing an unaccompanied noncitizen child in a 
     therapeutic childcare facility, the Director shall first seek 
     to place the child in a family-based therapeutic foster care 
     placement.
       (3) Applicability of other provisions.--The procedures 
     relating to transfers, notice, and placement review hearings 
     under this title apply equally to unaccompanied noncitizen 
     children placed in residential treatment centers and other 
     therapeutic childcare facilities.
       (4) Services to be provided.--
       (A) Evaluation.--
       (i) In general.--An unaccompanied noncitizen child placed 
     in a therapeutic childcare facility shall be evaluated by a 
     licensed psychologist or psychiatrist who is experienced in 
     the care of children.
       (ii) Report.--The mental health professional conducting the 
     evaluation under clause (i) for an unaccompanied noncitizen 
     child shall--

       (I) issue a written report that sets forth--

       (aa) the reasons for such placement;
       (bb) treatment goals; and
       (cc) a plan specific to the child for transition to a less 
     restrictive setting; and

       (II) make such report available to the unaccompanied 
     noncitizen child and the child advocate of the child.

       (B) Access to counsel.--The operator of a residential 
     treatment center or any other therapeutic childcare facility 
     for unaccompanied noncitizen children shall provide access 
     to--
       (i) legal services; and
       (ii) existing legal counsel and child advocates of such 
     children, as applicable.
       (e) Monthly Review Hearing.--
       (1) In general.--Not less frequently than monthly, each 
     unaccompanied noncitizen child in a restrictive placement 
     shall be afforded a placement review hearing to determine 
     whether continued placement in the restrictive placement is 
     appropriate.
       (2) Conduct of hearings.--A hearing under this subsection 
     shall be conducted in accordance with the procedures and 
     standards for placement review hearings under subsection (b).
       (3) Report by mental health provider.--With respect to an 
     unaccompanied noncitizen child who is in a therapeutic 
     childcare facility not later than 5 days before a hearing 
     under this subsection, a licensed psychologist or 
     psychiatrist who is experienced in the care of children shall 
     submit to the fact finder a detailed report on the mental 
     health needs of the unaccompanied noncitizen child concerned.
       (4) Written decision.--
       (A) In general.--The fact finder shall issue a written 
     decision continuing or terminating the restrictive placement 
     of the unaccompanied noncitizen child concerned, which shall 
     be binding on the Office of Refugee Resettlement.
       (B) Consideration of best interest recommendation.--In 
     making a decision on such placement, the fact finder shall 
     consider--
       (i) the best interest recommendation of the child advocate 
     with respect to the unaccompanied noncitizen child concerned; 
     and
       (ii) the findings contained in the report submitted under 
     paragraph (3).
       (C) Elements.--A written decision under this paragraph 
     shall--
       (i) set forth a detailed, specific, and individualized 
     justification for the decision; and
       (ii) notify the unaccompanied noncitizen child of--

       (I) the right to further placement review hearings under 
     this subsection; and
       (II) the right to seek judicial review of the decision.

       (D) Language access.--The decision shall be made available 
     in a language and in a format the unaccompanied noncitizen 
     child understands.
       (5) Record of proceedings.--The record of proceedings for a 
     hearing under this subsection, and all related 
     documentation--
       (A) shall be maintained separately and apart from the 
     unaccompanied noncitizen child's immigration file (commonly 
     called the ``A-File''); and
       (B) shall not form any part of, and shall not be relied 
     upon, in any removal proceedings or any adjudication carried 
     out by U.S. Citizenship and Immigration Services, including 
     with respect to final decisions and discretionary factors.
       (f) Placement of Unaccompanied Noncitizen Children With 
     Disabilities in Restrictive Placements.--
       (1) In general.--An unaccompanied noncitizen child who is 
     receiving services under section 504 of the Rehabilitation 
     Act of 1973 (29 U.S.C. 794) shall not be placed in a facility 
     that does not have access to such services.
       (2) Needs determination.--

[[Page S624]]

       (A) In general.--Before placing such an unaccompanied 
     noncitizen child in a restrictive setting, the Director shall 
     make a determination as to whether the needs of the child can 
     be met in a more integrated setting.
       (B) Elements.--A determination under subparagraph (A) shall 
     include--
       (i) an identification of the relevant trauma-informed, 
     evidence-based services and accommodations that have been 
     identified as potentially relevant;
       (ii) a description of any such service or accommodation 
     that has been provided and the period of time in which the 
     service or accommodation has been provided;
       (iii) if any such service or accommodation has been 
     ineffective, an assessment of the reason; and
       (iv) an assessment of whether additional services or 
     accommodations could be provided at the child's current 
     placement.
       (3) Services available in a less restrictive placement.--
       (A) In general.--If services are identified that have the 
     potential to maintain such an unaccompanied noncitizen child 
     in a less restrictive placement, the Director shall ensure 
     that the child receives such services before the Director 
     considers a transfer to a restrictive placement.
       (B) Identification of services and accommodations.--
       (i) In general.--For each such unaccompanied noncitizen 
     child, at each placement review hearing under subsection (e), 
     the Director shall explicitly identify services and 
     accommodations that could be made available in a less 
     restrictive placement.
       (ii) Justification.--A recommendation by the Director 
     against placing such an unaccompanied noncitizen child in a 
     less restrictive placement shall be supported by specific 
     documentation as to the reasons that, even with such 
     accommodations, the child cannot be safely placed in a less 
     restrictive placement.
       (4) Independent review.--
       (A) In general.--In the case of such an unaccompanied 
     noncitizen child whom the Director intends to transfer to a 
     restrictive placement, before the child's placement review 
     hearing, the decision to so transfer shall be reviewed by an 
     independent third-party licensed psychologist or psychiatrist 
     who is experienced in the care of children in accordance with 
     a standardized process for evaluating the data and presented 
     rationale, including a consideration of accommodations that 
     could avoid the need for restrictive placement.
       (B) Continued restrictive placement.--In the case of such 
     an unaccompanied noncitizen child in a restrictive placement 
     whom the Director does not intend to transfer to a less 
     restrictive placement, before the child's next placement 
     review hearing, the decision shall be reviewed by an 
     independent third-party licensed psychologist or psychiatrist 
     who is experienced in the care of children, in accordance 
     with a standardized process for evaluating the data and 
     presented rationale, including a consideration of 
     accommodations that could avoid the need for restrictive 
     placement.
       (C) Report.--Not later than 45 days after conducting a 
     review under this paragraph, the independent third-party 
     mental health professional shall issue a written report 
     describing the results of the review to the fact finder, the 
     child concerned, the legal counsel and child advocate of such 
     child, and the Director.

     SEC. 4227. JUDICIAL REVIEW OF PLACEMENT.

       (a) In General.--An unaccompanied noncitizen child, or the 
     parent, legal guardian, or nonparent family member of the 
     child, with the consent of the child, may seek judicial 
     review in a district court of the United States of--
       (1) a determination with respect to the type of childcare 
     facility in which the child is placed; or
       (2) a sponsorship determination.
       (b) Venue.--Venue for judicial review under subsection (a) 
     may be found in--
       (1) the district in which the original childcare facility 
     in which the unaccompanied noncitizen child concerned was 
     placed is located; or
       (2) the district in which the childcare facility to which 
     the unaccompanied noncitizen child was transferred is 
     located.
       (c) Limited Review.--Review under this section shall be 
     limited to entering an order solely affecting the individual 
     claims of the unaccompanied noncitizen child or the parent, 
     legal guardian, or prospective sponsor seeking such review.
       (d) Agency Exercise of Discretion Reviewed De Novo.--The 
     exercise of discretion by the Secretary or the Secretary of 
     Homeland Security in making a placement decision reviewed 
     under this section shall be reviewed de novo.
       (e) Bond Redetermination.--An unaccompanied noncitizen 
     child in removal proceedings shall be afforded a bond 
     redetermination hearing before an immigration judge in every 
     case, unless the child indicates on the notice of custody 
     determination form that he or she waives the right to such a 
     hearing.

  Subtitle D--Family Reunification and Standards Relating to Sponsors

     SEC. 4231. FAMILY REUNIFICATION EFFORTS BY OFFICE OF REFUGEE 
                   RESETTLEMENT.

       (a) In General.--During the period in which an 
     unaccompanied noncitizen child is in the custody of the 
     Secretary, the Director shall--
       (1) provide individualized, onsite case management and 
     family reunification services;
       (2) ensure that--
       (A) a case manager contacts the child not later than 48 
     hours after the child is transferred to the custody of the 
     Secretary; and
       (B) in the case of case manager reassignment, the case 
     manager reassigned to the child contacts the child not later 
     than 24 hours after such reassignment;
       (3) make and document prompt, active, and continuous 
     efforts towards family reunification and release; and
       (4) work diligently--
       (A) to review family reunification applications from 
     prospective sponsors; and
       (B) to assist prospective sponsors in completing such 
     applications and complying with sponsor requirements.
       (b) Preference for Release.--The Director may release an 
     unaccompanied noncitizen child from the custody of the 
     Secretary to a sponsor who is, in the order of preference, 
     any of the following:
       (1) A parent.
       (2) A legal guardian.
       (3) An adult relative.
       (4) An adult individual, or an entity, designated by the 
     parent or legal guardian of the unaccompanied noncitizen 
     child as capable and willing to care for the child's well-
     being, which designation is supported by--
       (A) a declaration signed by the parent or legal guardian 
     under penalty of perjury before an immigration or consular 
     officer; or
       (B) such other document that makes such a designation and 
     establishes the affiant's parentage or guardianship.
       (5) A licensed program willing to accept legal custody of 
     the child.
       (6) An adult individual or entity seeking custody of the 
     child.
       (c) Timelines for Reunification.--The Director shall use 
     the information collected under, and data requirements 
     described in, section 4602(b)--
       (1) to determine the characteristics that exert significant 
     effect on the reunification of unaccompanied noncitizen 
     children with a sponsor;
       (2) to establish categories of children who exhibit such 
     characteristics, which categories shall distinguish between--
       (A)(i) children released to parents or legal guardians; and
       (ii) children released to other sponsors; and
       (B)(i) children who have home studies mandated by section 
     235 of the Trafficking Victims Protection Reauthorization Act 
     of 2008 (8 U.S.C. 1232);
       (ii) children granted home studies through the discretion 
     of the Director; and
       (iii) other children;
       (3) to establish timelines for reunification appropriate to 
     each such category of children;
       (4) to monitor ongoing reunification efforts for compliance 
     with such timelines; and
       (5) to identify systematic barriers to release for children 
     in such categories.
       (d) Systematic Barriers To Release.--The Director shall 
     eliminate any administrative hindrance identified as a 
     systemic barrier to release under subsection (c)(4).
       (e) Expedited Reunification of Early Childhood Minors.--The 
     Director shall develop procedures to facilitate the expedited 
     reunification of unaccompanied noncitizen children who are 
     early childhood minors with family members seeking to serve 
     as sponsors.
       (f) Limitation on Remote Services.--Case management and 
     family reunification services may only be provided remotely 
     for unaccompanied noncitizen children housed in an influx 
     facility or a childcare facility activated for use during an 
     influx.
       (g) Recordkeeping.--The Director shall maintain a written 
     record of the efforts made by the Office of Refugee 
     Resettlement to reunify and release each unaccompanied 
     noncitizen child in the custody of the Secretary.

     SEC. 4232. STANDARDS RELATING TO SPONSORS.

       (a) Procedures and Protections.--
       (1) In general.--The Director shall not impose sponsor 
     requirements (including application deadlines and requests 
     for information or documentation about prospective sponsors, 
     the household members of prospective sponsors, or other 
     individuals) that do not have a substantial and direct impact 
     on child safety.
       (2) Nondiscrimination.--In reviewing an application for 
     sponsorship, the Director may not rely on the national 
     origin, immigration status, language, religion, sexual 
     orientation, sex (including gender identity or gender 
     expression), color, or race of the child concerned or of the 
     prospective sponsor to delay or deny the application.
       (3) Prohibition on certain reasons for sponsorship 
     denial.--A prospective sponsor may not be denied sponsorship 
     solely due to--
       (A) poverty, use of public assistance, lack of employment 
     or health insurance, or past or current health conditions 
     that do not have a substantial and direct impact on child 
     safety;
       (B) absence of a pre-existing relationship with the 
     unaccompanied noncitizen child concerned; or
       (C) immigration status.
       (4) Legal rights of prospective sponsors.--
       (A) In general.--In making decisions about the sponsorship 
     of an unaccompanied noncitizen child, the Director shall--

[[Page S625]]

       (i) take into consideration the legal rights of any parent, 
     legal guardian, or family member who is seeking sponsorship 
     of the child; and
       (ii) ensure that Office of Refugee Resettlement processes 
     for ensuring the child's safe release do not interfere with 
     such rights.
       (B) Parents.--A parent shall not be denied reunification 
     with their child absent a determination supported by clear 
     and convincing evidence that custody of the child by the 
     parent is likely to result in serious emotional or physical 
     damage to the child.
       (5) Assessment required.--
       (A) In general.--The Director may only release an 
     unaccompanied noncitizen child to an individual or a licensed 
     program for whom a prospective sponsor assessment has been 
     completed, consistent with the requirements of section 
     235(c)(3) of the William Wilberforce Trafficking Victims 
     Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(3)).
       (B) Elements.--A sponsor assessment shall include--
       (i) a completed family reunification application; and
       (ii) consideration of the wishes and concerns of the 
     unaccompanied noncitizen child concerned.
       (C) Opportunity to address concerns.--A prospective sponsor 
     shall be afforded the opportunity to address any concern 
     raised during the sponsor assessment process before the 
     prospective sponsor's application is denied.
       (D) Background checks.--
       (i) In general.--Fingerprint-based checks of national crime 
     information databases (as defined in section 534(f)(3) of 
     title 28, United States Code) may be requested for 
     prospective sponsors if a public records check of the sponsor 
     reveals safety concerns or there is a documented risk to the 
     safety of the child.
       (ii) Limitation.--The criminal history of the prospective 
     sponsor, or a household member of the prospective sponsor, 
     shall not be a basis for denial of sponsorship unless the 
     Director demonstrates that such history includes a conviction 
     for child abuse or trafficking, or is less than 10 years old 
     and would have a direct and immediate impact on the safety of 
     the unaccompanied noncitizen child concerned.
       (6) Safeguards.--
       (A) In general.--The Director shall implement safeguards to 
     prevent any information obtained in the course of the sponsor 
     assessment process from being used for any purpose other than 
     assessing the sponsor's fitness to care for an unaccompanied 
     noncitizen child.
       (B) Applicability.--Such safeguards shall apply regardless 
     of the outcome of the prospective sponsor's application.
       (7) Annual evaluation.--
       (A) In general.--Not less frequently than annually, the 
     Director shall conduct an evaluation of Office of Refugee 
     Resettlement policies and practices to determine whether such 
     policies and practices create unnecessary barriers to release 
     or result in delays in unaccompanied noncitizen children's 
     prompt release to sponsors.
       (B) Submission to ombudsperson.--The Director shall submit 
     each evaluation conducted under subparagraph (A) to the 
     Ombudsperson.
       (b) Sponsorship Determination.--
       (1) In general.--Not later than 7 days after the date on 
     which the Director receives a family reunification 
     application from a prospective sponsor, the Director shall 
     make a determination with respect to whether the 
     unaccompanied noncitizen child concerned may be placed with 
     the sponsor.
       (2) Consideration of effect of denial.--In making a 
     determination under paragraph (1), the Director shall take 
     into consideration the effect a denial of the application, 
     and continued immigration custody for the unaccompanied 
     noncitizen child concerned, would have on--
       (A) the health and well-being of the child; and
       (B) in the case of a prospective sponsor who is a parent, 
     legal guardian, or a family member of the child, the right of 
     the parent, legal guardian, or family member to the care and 
     custody of the child.
       (3) Sponsorship hearing.--
       (A) In general.--The Director shall provide an opportunity 
     for an administrative hearing, conducted in accordance with 
     sections 554 through 557 of title 5, United States Code, in 
     the case of--
       (i) a determination that a prospective sponsor is not fit 
     to receive the unaccompanied noncitizen child concerned; or
       (ii) failure by the Director to make a determination on a 
     family reunification application within the timeframe set 
     forth in paragraph (1).
       (B) Notice.--
       (i) In general.--Not later than 24 hours after a 
     determination or failure described in subparagraph (A), the 
     Director shall provide notice of such a hearing to--

       (I) the unaccompanied noncitizen child;
       (II) the legal counsel and the child advocate of such 
     child;
       (III) the prospective sponsor; and
       (IV) the legal counsel of such prospective sponsor.

       (ii) Elements.--The notice required under clause (i) shall 
     include, in a language the unaccompanied noncitizen child and 
     the prospective sponsor understand, the following:

       (I) The time, date, and location of the hearing.
       (II) Notice with respect to the availability of 
     transportation to the hearing for the child and the 
     prospective sponsor under subparagraph (E)(i).
       (III) In the case of a determination that the prospective 
     sponsor is unfit--

       (aa) the justification for such determination; and
       (bb) a description of any supporting evidence and 
     information.

       (IV) In the case of a failure to make a timely 
     determination, a justification for such failure.
       (V) Notification that the unaccompanied noncitizen child 
     and prospective sponsor may submit additional evidence, 
     including witness testimony, in support of the family 
     reunification application at or before the hearing.

       (C) Limitation on office of refugee resettlement 
     evidence.--In a hearing under this paragraph, the Director 
     may only submit evidence and information that is described on 
     the notice provided under subparagraph (B).
       (D) Timing of hearing.--
       (i) In general.--Except as provided in clause (ii), a 
     hearing under this paragraph shall occur not less than 7 days 
     and not more than 14 days after the date on which notice 
     under subparagraph (B) is provided.
       (ii) Request for additional time.--Such a hearing may occur 
     on a date that is more than 14 days after the date such 
     notice is provided if the prospective sponsor requests 
     additional time.
       (E) Presence at hearing.--
       (i) Transportation.--On request by the unaccompanied 
     noncitizen child or the prospective sponsor, the Director 
     shall facilitate the transportation of the child and the 
     prospective sponsor to a centralized location for the 
     hearing.
       (ii) Waiver of child's presence.--With the assistance of 
     counsel, an unaccompanied noncitizen child may waive the 
     child's presence at a hearing under this paragraph.
       (iii) Virtual hearing.--An unaccompanied noncitizen child 
     may request a virtual hearing under this paragraph and waive 
     the right to an in-person hearing.
       (F) Procedural matters.--
       (i) Neutral fact finder.--A hearing under this paragraph 
     shall be presided over by a neutral fact finder who--

       (I) is not an employee of the Office of Refugee 
     Resettlement; and
       (II) has expertise in child welfare.

       (ii) Child and sponsor rights.--At a hearing under this 
     paragraph, an unaccompanied noncitizen child and the child's 
     prospective sponsor shall have--

       (I) the right to counsel; and
       (II) the right and opportunity to confront, inspect, and 
     rebut the evidence alleged to justify a determination by the 
     Director that the prospective sponsor is unfit.

       (iii) Interpretation services.--An interpreter in the 
     preferred language of the unaccompanied noncitizen child and 
     the prospective sponsor shall be made available for a hearing 
     under this paragraph.
       (iv) Burdens of production and proof.--The Director shall 
     have the burden of production and the burden of proof, by 
     clear and convincing evidence, to establish that--

       (I) placement with the prospective sponsor is likely to 
     result in serious emotional or physical damage to the child; 
     and
       (II) continued Office of Refugee Resettlement custody is 
     the least restrictive setting that is in the best interests 
     of the child.

       (v) Record of proceedings.--The record of proceedings for a 
     hearing under this paragraph, and all related documentation--

       (I) shall be maintained separately and apart from the 
     unaccompanied noncitizen child's immigration file (commonly 
     called the ``A-File''); and
       (II) shall not form any part of, and shall not be relied 
     upon, in any removal proceedings or any adjudication carried 
     out by U.S. Citizenship and Immigration Services, including 
     with respect to final decisions and discretionary factors.

       (G) Written decision.--
       (i) In general.--Not later than 2 business days after the 
     date of a hearing under this paragraph, the fact finder 
     shall--

       (I) issue a written decision ordering the release of the 
     unaccompanied noncitizen child to the prospective sponsor or 
     denying such release, which shall be binding on the Office of 
     Refugee Resettlement; and
       (II) provide the written decision to--

       (aa) the child and the prospective sponsor; and
       (bb) the legal counsel and the child advocate of the child 
     and the legal counsel of the prospective sponsor, as 
     applicable.
       (ii) Denials.--In the case of a denial of release to the 
     prospective sponsor, the decision shall--

       (I) set forth detailed, specific, and individualized 
     reasoning for such denial; and
       (II) notify the child and prospective sponsor of their 
     right to seek review of the decision by the Ombudsperson 
     under subparagraph (H).

       (iii) Language access.--The decision shall be made 
     available in a language and in a format the unaccompanied 
     noncitizen child and the prospective sponsor understand.
       (H) Review by ombudsperson.--
       (i) In general.--On request by an unaccompanied noncitizen 
     child, the legal counsel or prospective sponsor of such 
     child, or the legal counsel of such prospective sponsor, the 
     Ombudsperson shall carry out a review of a decision under 
     subparagraph (G), which shall be completed not later than 15 
     days after the date on which the request for review is made.
       (ii) Recommendation.--

[[Page S626]]

       (I) In general.--In carrying out a review under this 
     subparagraph, the Ombudsperson may make a recommendation on 
     the placement or sponsorship of the unaccompanied noncitizen 
     child concerned.
       (II) Finding of erroneous decision.--

       (aa) In general.--If the Ombudsperson determines that the 
     decision under subparagraph (G) was erroneous, the 
     Ombudsperson shall submit to the Director a recommendation 
     for further action.
       (bb) Written statement.--
       (AA) In general.--If the Director declines to follow the 
     recommendation of the Ombudsperson, the Director shall 
     provide a detailed written justification to the child, the 
     prospective sponsor, the legal counsel and the child advocate 
     of the child, and the legal counsel of the prospective 
     sponsor, as applicable.
       (BB) Nondelegation.--The Director may not delegate the 
     requirement to issue such a written statement to any other 
     individual.
       (I) Judicial review.--An unaccompanied noncitizen child or 
     nonparent family member of the child, with the consent of the 
     child, may obtain judicial review of a decision under 
     subparagraph (G) in a district court of the United States.
       (J) Continued efforts by office of refugee resettlement.--
     During the pendency of a hearing under this paragraph, and 
     any review of a decision resulting from such a hearing under 
     subparagraph (H) or (I), the Director shall continue to seek 
     alternative prospective sponsors for the unaccompanied 
     noncitizen child concerned.

     SEC. 4233. SPECIAL CONSIDERATIONS RELATING TO RELEASE OF 
                   CHILDREN WITH DISABILITIES.

       (a) In General.--The Director may not delay the release of 
     an unaccompanied noncitizen child based solely on a pending 
     evaluation for services under section 504 of the 
     Rehabilitation Act of 1973 (29 U.S.C. 794).
       (b) Supporting Evidence Required for Determination Not To 
     Release.--A determination by the Director not to release an 
     unaccompanied noncitizen child receiving services under such 
     section based on a prospective sponsor's inability to meet 
     the needs of the child shall be supported by evidence of 
     efforts by the Director to educate, and provide concrete 
     resources and support to, the prospective sponsor through the 
     provision of post-release services.
       (c) Release to Parents.--The Director may not deny the 
     reunification of an unaccompanied noncitizen child receiving 
     services under such section with his or her parent absent a 
     determination supported by clear and convincing evidence 
     that--
       (1) custody of the child by the parent is likely to result 
     in serious emotional or physical damage to the child; and
       (2) continued Office of Refugee Resettlement custody is the 
     least restrictive setting that is in the best interests of 
     the child.
       (d) Review.--
       (1) In general.--With respect to a determination by the 
     Director not to release an unaccompanied noncitizen child 
     receiving services under such section based on an assessment 
     that the child is a danger to himself or herself or to 
     others, a review of such determination shall be carried out 
     by an independent third-party licensed psychologist or 
     psychiatrist who is experienced in the care of children 
     before the date on which the sponsorship hearing under 
     section 4232(b)(3) occurs.
       (2) Procedure.--A review under paragraph (1) shall--
       (A) be carried out using a standardized method for 
     evaluating the data and shall include the rationale for 
     denying release; and
       (B) consider the availability of assistive services or 
     technology that could be provided to the unaccompanied 
     noncitizen child concerned if he or she were released.
       (3) Availability.--Such a review shall be made in writing 
     and made available to the unaccompanied noncitizen child and 
     the child's legal counsel before the date on which a 
     sponsorship hearing under section 4232(b)(3) occurs.
       (e) Office of Refugee Resettlement Support for Sponsors.--
     With respect to children with disabilities released from the 
     custody of the Secretary, the Director shall support and 
     assist sponsors in accessing and coordinating post-release 
     community-based services and support or technology, to the 
     extent such services and support are available.
       (f) Alternative Placement.--If a sponsor is not identified 
     for an unaccompanied noncitizen child who receives services 
     under section 504 of the Rehabilitation Act of 1973 (29 
     U.S.C. 794), the Director shall make every effort to place 
     the child in therapeutic foster care, foster care, or the 
     Unaccompanied Refugee Minor program.

                          Subtitle E--Release

     SEC. 4241. PROCEDURES FOR RELEASE.

       (a) In General.--The Secretary shall release an 
     unaccompanied noncitizen child from the custody of the 
     Secretary--
       (1) without unnecessary delay; and
       (2) as quickly as may be safely accomplished.
       (b) Provision of Records on Release.--On release from the 
     custody of the Secretary, including in circumstances of 
     repatriation, the Director shall provide unaccompanied 
     noncitizen children and their sponsors, as applicable, the 
     unaccompanied noncitizen child's complete Office of Refugee 
     Resettlement case file and records, including--
       (1) documentation that details the child's medical and 
     educational status, progress, and any related evaluations;
       (2) information relating to any special needs of the child; 
     and
       (3) any other information relevant to promoting the child's 
     well-being after release.
       (c) Prescription Medication.--The Director shall ensure 
     that unaccompanied noncitizen children prescribed medication 
     are released with not less than a 60-day supply of their 
     medication and information from a physician regarding 
     continuing or discontinuing the medication.
       (d) Transportation.--Expenses incurred in transporting 
     unaccompanied noncitizen children and their sponsors for the 
     purpose of the release of the child shall be paid by the 
     Office of Refugee Resettlement.
       (e) Prohibition on Secretary Taking Child Back Into 
     Custody.--
       (1) In general.--After the release of an unaccompanied 
     noncitizen child from the custody of the Secretary to a 
     sponsor, the Secretary may not take the child back into 
     custody.
       (2) Reporting to state child welfare agency.--With respect 
     to a child released from such custody, if the Director 
     becomes aware of a concern related to suspected abuse or 
     neglect in a sponsor's care, the Director may report such 
     concerns to the applicable State child welfare agency.

     SEC. 4242. POST-RELEASE SERVICES.

       (a) Required in Limited Circumstances.--
       (1) In general.--The Director may not uniformly require 
     post-release services to be in place before releasing an 
     unaccompanied noncitizen child to a sponsor.
       (2) Case management specialist determination.--The Director 
     may only require post-release services to be in place before 
     releasing an unaccompanied noncitizen child to a sponsor if, 
     after conducting an individualized assessment of the 
     particular needs of the child, the case management specialist 
     makes a determination that the child would be at risk of 
     imminent physical or emotional harm if post-release services 
     were not in place before such release.
       (b) Expansion.--The Director shall provide post-release 
     services, on a voluntary basis, to unaccompanied noncitizen 
     children, including by--
       (1) conducting outreach campaigns by navigators in 
     communities to ensure that children, sponsors, and families 
     understand the post-release services offered;
       (2) providing active assistance with school enrollment;
       (3) supporting sponsors in obtaining necessary medical 
     records, including vaccination and medication records, from 
     the period during which the unaccompanied noncitizen children 
     were in the custody of the Secretary;
       (4) stating that all unaccompanied children released into 
     United States communities are deemed to be ``lawfully 
     residing'' for purposes of determining eligibility for 
     medical assistance under Medicaid or child health assistance 
     and pregnancy-related assistance under the Children's Health 
     Insurance Program (CHIP) in States that have elected to cover 
     ``lawfully residing'' pregnant individuals and children under 
     sections 1903(v)(4) and 2107(e)(1)(O) of the Social Security 
     Act (42 U.S.C. 1396b(v)(4), 1397gg(e)(1)(O)), as added by 
     section 214 of the Children's Health Insurance Program 
     Reauthorization Act of 2009 (commonly referred to as the 
     ``CHIPRA 214 option'').
       (5) ensuring access to family reunification and medical 
     support services, including support and trauma-informed 
     counseling for the family and mental health counseling, 
     through direct provision of such services or through 
     partnerships and referrals to services in the community; and
       (6) ensuring that sponsors of children with special medical 
     needs receive Office of Refugee Resettlement support in 
     accessing appropriate medical care.

     SEC. 4243. INDIVIDUALS ATTAINING 18 YEARS OF AGE.

       (a) Presumption of Release on Recognizance.--
       (1) In general.--If an individual in the custody of the 
     Secretary of Health and Human Services is not released to a 
     sponsor before the individual attains the age of 18 years, 
     there shall be a presumption that the individual shall be 
     released on an order of recognizance.
       (2) Rebuttal.--The Secretary of Homeland Security shall 
     bear the burden of proof, by clear and convincing evidence, 
     in overcoming the presumption under paragraph (1) and in 
     demonstrating that such an individual is not eligible to be 
     released on an order of recognizance.
       (3) Alternatives to detention.--
       (A) In general.--In the case of an individual aging out of 
     the custody of the Secretary who is not eligible to be 
     released on an order of recognizance, the individual shall be 
     eligible to participate in noncustodial alternatives to 
     detention programs provided by the Department of Health and 
     Human Services, including placement with an individual, an 
     organizational sponsor, or a supervised group home with 
     supportive services to facilitate access to educational and 
     occupational opportunities.
       (B) Placement preferences.--The categories of placements 
     available to an individual described in subparagraph (A) 
     shall be the following, in order of preference:
       (i) The least restrictive family-based setting, including 
     long-term foster care.
       (ii) An independent living program.
       (iii) A childcare facility that meets the particular needs 
     of the individual.

[[Page S627]]

       (4) Continuation of services.--The Director shall ensure 
     that an individual released on an order of recognizance under 
     this subsection is provided with--
       (A) continued access to counseling, case management, legal 
     counsel, and other support services during the pendency of 
     the individual's immigration proceedings; and
       (B) information on applying for special immigrant juvenile 
     status under section 101(a)(27)(J) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(27)(J)), and resources to 
     assist the individual with applying for such status.
       (b) Post-18 Plan for Individuals Aging Out of Custody.--
       (1) In general.--The Director shall develop a post-18 plan 
     for each unaccompanied noncitizen child entering Office of 
     Refugee Resettlement custody who--
       (A) is over the age of 17 years and 6 months; or
       (B) is not likely to be released to a sponsor before 
     attaining 18 years of age.
       (2) Elements.--Each plan under paragraph (1) shall include 
     the following:
       (A) An investigation into organizational sponsors and 
     social support services.
       (B) Coordination with the Secretary of Homeland Security to 
     ensure the release of the unaccompanied noncitizen child on 
     his or her own recognizance if release to an organizational 
     or individual sponsor is not successful.
       (c) Post-18 Program.--With respect to an individual in the 
     custody of the Secretary who attains 18 years of age before 
     reunification, placement with a sponsor, or adjudication with 
     respect to immigration status, the Director may extend Office 
     of Refugee Resettlement custody for a period ending not later 
     than the date on which the individual attains 21 years of 
     age, if the individual--
       (1)(A) has not been reunified but has a family member 
     available for reunification;
       (B) has an identified sponsor;
       (C) has been admitted to long-term foster care or a 
     residential treatment center; or
       (D) otherwise does not have reunification options but has 
     not yet been adjudicated with respect to immigration status 
     by a local court in the applicable jurisdiction; and
       (2) solely at his or her discretion, without coercion and 
     on the recommendation of his or her case manager, elects to 
     remain in Office of Refugee Resettlement custody in the post-
     18 program until the date on which, as applicable--
       (A) the screening process for reunification is completed 
     and the individual is reunified with a family member or 
     placed with a sponsor; or
       (B) the individual is adjudicated with respect to 
     immigration status in a local court in the applicable 
     jurisdiction, receives relief from removal, and enters an 
     applicable program for unaccompanied refugee minors.
       (d) Consideration Relating to U.S. Immigration and Customs 
     Enforcement Custody.--In considering a sponsorship 
     application for an unaccompanied noncitizen child who may 
     attain 18 years of age in the custody of the Secretary, the 
     Director shall consider the potential for, and impact of, 
     trauma and the risk to the safety and well-being of the child 
     if the child were to be transferred to the custody of U.S. 
     Immigration and Customs Enforcement on attaining such age.
       (e) Prohibition on Detention and Removal.--An individual 
     who was in the custody of the Secretary as an unaccompanied 
     noncitizen child shall not be apprehended, arrested, 
     transferred, or taken into the custody of U.S. Immigration 
     and Customs Enforcement, or removed from the United States, 
     based solely on having attained 18 years of age.
       (f) Continued Access to Due Process, Legal Relief, and 
     Housing.--An individual who entered the United States as a 
     child shall not lose the opportunity for due process and 
     potential legal relief, or access to community-based housing, 
     based solely on having attained the age of 18 years.

     SEC. 4244. CUSTODY REVIEW BY OMBUDSPERSON.

       (a) In General.--If an unaccompanied noncitizen child, the 
     legal counsel or prospective sponsor of such child, or the 
     legal counsel of such prospective sponsor has reasonable 
     cause to believe that the child should have been released, 
     the child, the prospective sponsor, or such legal counsel may 
     request an investigation by the Ombudsperson.
       (b) Notification of Lengthy Custody.--In the case of any 
     unaccompanied noncitizen child who remains in the custody of 
     the Secretary for 45 days or more, the Director shall--
       (1) notify the Ombudsperson of such continued custody; and
       (2) provide the Ombudsperson a complete copy of the Office 
     of Refugee Resettlement case file and a detailed explanation 
     for such continued custody.

                  TITLE III--EMERGENCIES AND INFLUXES

     SEC. 4301. SENSE OF CONGRESS.

       It is the sense of Congress that before opening or 
     expanding an influx facility, the Secretary and the Director 
     should explore all other avenues for placing an unaccompanied 
     noncitizen child in the least restrictive, State-licensed 
     setting that most approximates a family and in which the 
     special needs of the child, if any, may be met consistent 
     with the best interests and special needs of the child.

     SEC. 4302. DEFINITIONS.

       In this title:
       (1) Emergency.--The term ``emergency'' means an event of 
     limited duration, such as a natural disaster, facility fire, 
     civil disturbance, or medical concern.
       (2) Operational capacity.--The term ``operational 
     capacity'' means the net bed capacity of Office of Refugee 
     Resettlement facilities and other housing operated by State-
     licensed programs for unaccompanied noncitizen children.

     SEC. 4303. PLACEMENT.

       (a) In General.--In the event of an emergency or influx 
     that prevents the prompt placement of unaccompanied 
     noncitizen children in childcare facilities, the Director--
       (1) shall make every effort--
       (A) to place arriving unaccompanied noncitizen children in 
     other State-licensed programs; and
       (B) to release unaccompanied noncitizen children from other 
     programs as expeditiously as possible; and
       (2) may not house an unaccompanied noncitizen child in an 
     influx facility or any other emergency or temporary facility 
     for more than 20 days.
       (b) Transfer to Licensed Facility.--
       (1) In general.--Except as provided in paragraph (2), in 
     the case of an unaccompanied noncitizen child for whom 
     release to a sponsor within 20 days of placement in an influx 
     facility is not possible, the Director shall transfer the 
     child to a childcare facility.
       (2) Exception.--The Director may not transfer a child under 
     paragraph (1) if the transfer would prolong the child's total 
     length of custody by more than 48 hours.
       (c) Limitation on Transfer to Influx Facility.--The 
     Director may not transfer to an influx facility any 
     unaccompanied noncitizen child--
       (1) for whom--
       (A) a prospective sponsor has not been identified; or
       (B) such transfer would delay release by more than 48 
     hours; or
       (2) who--
       (A) has been identified by the Director as--
       (i) having a prospective sponsor who is not a parent, a 
     legal guardian, or an immediate relative; or
       (ii) not having any identified prospective sponsor;
       (B) is younger than 16 years of age;
       (C) is part of a sibling group in the custody of the 
     Secretary of which 1 or more siblings are younger than 16 
     years of age;
       (D) speaks a language other than English or Spanish as his 
     or her primary language;
       (E) has special needs;
       (F) is currently prescribed psychotropic medication;
       (G) is pregnant or parenting;
       (H) will attain 18 years of age on a date that is not more 
     than 30 days after the proposed date of transfer to the 
     influx facility;
       (I) is scheduled to be released on a date that is not more 
     than 3 days after the proposed date of the transfer;
       (J) has a pending home study;
       (K) has not received a legal orientation presentation or a 
     legal screening;
       (L) has a date scheduled for a hearing before an 
     immigration court or a State court, including family and 
     juvenile court;
       (M) has a pending application for relief from removal;
       (N) has legal counsel; or
       (O) has a child advocate.
       (d) Family Groups.--The Director shall ensure that--
       (1) unaccompanied noncitizen children with siblings or 
     other relatives under the age of 18 in the custody of the 
     Secretary are not separated from each other; and
       (2) such family groups have unlimited visitation with each 
     other in influx facilities.

     SEC. 4304. PLANNING FOR EMERGENCIES AND INFLUXES.

       (a) Plan Required.--Not later than 180 days after the date 
     of the enactment of this Act, the Director shall develop a 
     plan for--
       (1) maintaining and expanding emergency capacity in 
     licensed foster care homes and small congregate care 
     facilities for housing unaccompanied noncitizen children so 
     as to eliminate the need for influx facilities; and
       (2) in the case of an emergency or influx, placing 
     unaccompanied noncitizen children with sponsors as 
     expeditiously as possible.
       (b) Supplemental Placement List.--
       (1) In general.--The Director shall develop and maintain a 
     supplemental placement list of facilities that have, in the 
     aggregate, not fewer than 200 beds available to accept 
     unaccompanied noncitizen children in the case of an emergency 
     or influx, which shall be in addition to the number of beds 
     available for placements under normal circumstances.
       (2) Licensing and compliance.--Any facility on the 
     supplemental placement list shall be--
       (A) licensed in the State in which it is located; and
       (B) in compliance with all standards and procedures 
     applicable to State-licensed programs under this division.
       (3) Elements.--The supplemental placement list shall 
     include, for each facility, the following:
       (A) The name of the facility.
       (B) The number of beds available in the facility in the 
     case of an emergency or influx.
       (C) The name and telephone number of 1 or more contact 
     persons, including a contact person for nights, holidays, and 
     weekends.
       (D) Any limitation on categories of child the facility may 
     accept, such as age categories.
       (E) A description of any special service available.

[[Page S628]]

       (4) Appropriate community services.--To the extent 
     practicable, the Director shall attempt to include on the 
     supplemental placement list facilities located in geographic 
     areas in which culturally and linguistically appropriate 
     community services are available.
       (5) High capacity at childcare facilities.--If the 
     operational capacity of all childcare facilities and foster 
     care placements reaches or exceeds 75 percent for a period of 
     3 consecutive days, the Director shall contact the facilities 
     on the supplemental placement list to determine the number of 
     available supplemental placements.
       (c) Need for Supplemental Placements Exceeding Capacity.--
     If the number of unaccompanied noncitizen children in need of 
     placement in the case of an emergency or influx exceeds the 
     available appropriate placements on the supplemental 
     placement list, the Director shall--
       (1) locate additional placements through State-licensed 
     programs and nonprofit child and family services agencies 
     providing placement services; and
       (2) expedite the reunification and release of unaccompanied 
     noncitizen children from U.S. Customs and Border Protection 
     custody.

     SEC. 4305. INFLUX FACILITY STANDARDS AND STAFFING.

       (a) Operation of Influx Facilities.--In the event that the 
     operation of an influx facility cannot be avoided, the 
     Director may operate an influx facility in accordance with 
     this section.
       (b) Standards.--
       (1) In general.--An influx facility that does not meet the 
     standards described in this subsection may not be used to 
     house any child, and children housed at such an influx 
     facility shall be transferred out of the influx facility 
     immediately.
       (2) First day of operation.--On the first day of operation, 
     an influx facility shall be in compliance with--
       (A) the staffing ratio requirements, case management 
     requirements, telephone call access, legal services access, 
     education and recreation requirements, and medical and mental 
     health services requirements that apply to childcare 
     facilities; and
       (B) the facility standards under the Prison Rape 
     Elimination Act of 2003 (34 U.S.C. 30301 et seq.).
       (3) Within 30 days.--Not later than 30 days after the date 
     on which an influx facility commences operation, the influx 
     facility shall achieve compliance with all standards set 
     forth in title II, including State licensing standards.
       (c) Contractor Standards.--The Director may not enter into 
     a contract with any entity to operate an influx facility, 
     unless the entity has each of the following:
       (1) Demonstrated experience in providing services for 
     unaccompanied noncitizen children or children in foster care.
       (2) A plan for placement of children for whom no sponsor 
     has been identified.
       (3) A plan for--
       (A) identifying, and immediately notifying the Director 
     with respect to, any child believed to have been erroneously 
     transferred to, or in care at, the influx facility contrary 
     to the limitations set forth in paragraphs (1) and (2) of 
     section 4303(c); and
       (B) not later than 10 days after identifying such a child, 
     transferring the child to an appropriate placement.
       (4) An emergency plan that includes protection against 
     transmission of COVID-19 and other infectious diseases, 
     including a plan--
       (A) to provide regular testing for any applicable disease;
       (B) to comply with service standards for quarantine with 
     respect to any such disease that mirror the services and 
     guidance for children and congregate care settings 
     recommended by the Centers for Disease Control and 
     Prevention; and
       (C) to ensure access to immunizations for unaccompanied 
     noncitizen children in the influx facility, in accordance 
     with any applicable guidance of the Centers for Disease 
     Control and Prevention.
       (5) Emergency response protocols for placement, care, and 
     transfer of children, which reduce the amount of time a child 
     is in an emergency influx facility.
       (6) A clear organizational chart, reporting structure, and 
     contact information.
       (7) A staffing plan that includes maintaining specified 
     case manager-to-child ratios and a specified number of case 
     manager visits with a child each week.
       (8) A training plan for case managers that includes in-
     service coaching and individual support for a case manager's 
     first 30 days as an employee of the entity.
       (9) A written code of conduct that is--
       (A) distributed to all officers, employees, and volunteers; 
     and
       (B) contains clear boundaries for working with and around 
     children.
       (10) Written ethical standards that are--
       (A) distributed to all officers, employees, and volunteers; 
     and
       (B) based on accepted child welfare principles and best 
     practices.
       (11) A written security plan to protect against 
     unauthorized access to the influx facility and other 
     potential threats.
       (12) Data systems that meet the data and quality standards 
     described in section 4602 for tracking children through 
     intake, case management, transportation, and placement.
       (d) Waiver.--
       (1) In general.--In the case of an influx facility, the 
     Director may waive compliance with a standard or procedure 
     under title II for a period of not more than 30 days.
       (2) Notice to congress.--If the Director waives compliance 
     with the requirement that an influx facility shall be 
     licensed by the State in which it is located, the Director 
     shall provide to Congress notice of such waiver, which shall 
     include--
       (A) a justification for the waiver; and
       (B)(i) a plan for the influx facility to obtain such 
     licensing; or
       (ii) in the case of an influx facility that will be unable 
     to obtain such licensing--
       (I) an explanation of the reason that--

       (aa) licensing is not possible; and
       (bb) the particular influx facility was chosen and remains 
     operationally necessary.

       (e) Reporting Mechanisms.--The Director shall establish 
     clear procedures--
       (1) for unaccompanied noncitizen children at influx 
     facilities to directly and confidentially report incidents of 
     abuse or neglect at influx facilities to the Ombudsperson, 
     consulates, and State authorities; and
       (2) to allow State child protective services immediate 
     access to any influx facility to investigate any such report.
       (f) Staffing.--
       (1) Background checks.--
       (A) In general.--The Director shall ensure that a Federal 
     Bureau of Investigation background check, and in any 
     applicable State a child abuse or neglect check, has been 
     conducted for each influx facility staff member who will have 
     direct contact with unaccompanied noncitizen children.
       (B) Timing of background checks.--The background checks 
     described in subparagraph (A) shall be completed before a 
     staff member interacts with any unaccompanied noncitizen 
     child at an influx facility.
       (C) Prohibition.--The Director shall ensure than an entity 
     with which the Director has contracted to operate an influx 
     facility does not hire as staff of the influx facility any 
     individual who has--
       (i) any conviction for child abuse or trafficking; or
       (ii) a conviction that is less than 10 years old the 
     underlying offense of which would have a substantial and 
     direct effect on the safety of unaccompanied noncitizen 
     children.
       (D) Submittal of evidence.--Not later than the date on 
     which an influx facility commences operation, the operator of 
     the influx facility shall submit to the Director and the 
     Ombudsperson evidence that background checks in accordance 
     with this paragraph--
       (i) have been completed for the relevant facility staff; 
     and
       (ii) will be completed for all new hires going forward.
       (2) Fluency in spanish.--Each staff member of an influx 
     facility who will have contact with unaccompanied noncitizen 
     children shall--
       (A) be fluent in Spanish and English; and
       (B) have experience in the care of children.
       (3) Pediatric health specialists.--An influx facility shall 
     have onsite pediatric health specialists, including a 
     pediatrician, licensed psychologist, or psychiatrist who is 
     experienced in the care of children.
       (4) Ratios.--Not later than 15 days after the date on which 
     an influx facility commences operation, the Director shall 
     ensure that the influx facility maintains staffing ratios as 
     follows:
       (A) During waking hours, not less than 1 on-duty youth care 
     worker for every 8 unaccompanied noncitizen children.
       (B) During sleeping hours, not less than 1 on-duty youth 
     care worker for every 16 unaccompanied noncitizen children.

     SEC. 4306. MONITORING AND OVERSIGHT.

       (a) Site Visits.--
       (1) Director.--
       (A) In general.--Not less frequently than monthly during 
     the period in which an influx facility is in operation, the 
     Director shall conduct a comprehensive onsite monitoring 
     visit.
       (B) Elements.--Each site visit conducted under subparagraph 
     (A) shall include--
       (i) an evaluation of the compliance of the influx facility 
     with--

       (I) the standards and procedures under title II; and
       (II) the facility standards under the Prison Rape 
     Elimination Act of 2003 (34 U.S.C. 30301 et seq.);

       (ii) an assessment of the delivery of, and unaccompanied 
     noncitizen children's access to, health care and mental 
     health care services;
       (iii) an assessment of unaccompanied noncitizen children's 
     access to counsel and legal services; and
       (iv) private, confidential interviews with unaccompanied 
     noncitizen children housed in the influx facility.
       (2) Inspector general.--The Inspector General of the 
     Department of Health and Human Services may conduct 
     unscheduled visits to any influx facility, during which the 
     Inspector General may meet confidentially with any 
     unaccompanied noncitizen child housed in the influx facility.
       (3) Ombudsperson.--Not less frequently than monthly during 
     the period in which an influx facility is in operation, the 
     Ombudsperson shall conduct a comprehensive onsite visit to 
     monitor for compliance with applicable Federal and State law 
     (including regulations), including--
       (A) the Flores settlement agreement;
       (B) section 235 of the William Wilberforce Trafficking 
     Victims Protection Reauthorization Act of 2008 (8 U.S.C. 
     1232); and
       (C) this division.

[[Page S629]]

       (b) Tours by Approved Stakeholders.--Not less frequently 
     than monthly during the period in which an influx facility is 
     in operation, the Director shall allow approved stakeholders, 
     including representatives from nonprofit organizations 
     serving or advocating on behalf of unaccompanied noncitizen 
     children, to tour the influx facility.

  TITLE IV--LEGAL REPRESENTATION FOR UNACCOMPANIED NONCITIZEN CHILDREN

     SEC. 4401. LEGAL ORIENTATION PRESENTATIONS AND LEGAL 
                   SCREENINGS.

       (a) In General.--Not later than 10 days after transfer to 
     the custody of the Secretary, an unaccompanied noncitizen 
     child shall receive a free legal orientation presentation and 
     legal screening conducted by a legal services provider, which 
     shall include information relating to--
       (1) the right to apply for relief from removal;
       (2) the right to request voluntary departure in lieu of 
     removal; and
       (3) the right to a hearing before an immigration judge.
       (b) Prioritization Before Release.--
       (1) In general.--The Director shall make affirmative, 
     thorough, and timely efforts to ensure that each 
     unaccompanied noncitizen child receives a presentation and 
     screening described in subsection (a) before release, and in 
     the case of any unaccompanied noncitizen child who does not 
     receive such presentation and screening before release, the 
     Director shall ensure that the child receives the 
     presentation and screening on release.
       (2) Rule of construction.--Nothing in this section may be 
     construed to prohibit the release of an unaccompanied 
     noncitizen child to a sponsor based solely on not having 
     received such a presentation and screening.

     SEC. 4402. LEGAL REPRESENTATION.

       (a) In General.--Each unaccompanied noncitizen child in the 
     custody of the Secretary of Health and Human Services shall 
     be represented by counsel appointed or provided by the 
     Secretary, at Government expense, unless the child has 
     obtained, at his or her own expense, counsel authorized to 
     practice in immigration proceedings.
       (b) Procedure.--Representation under subsection (a) shall--
       (1) be appointed or provided by the Secretary as 
     expeditiously as possible;
       (2) extend through every stage of removal proceedings, from 
     the child's initial appearance through the termination of 
     immigration proceedings; and
       (3) include any ancillary matter appropriate to such 
     proceedings (including, to the extent practicable and as 
     appropriate, an application for employment authorization), 
     even if the child attains 18 years of age or is reunified 
     with a parent or legal guardian while the proceedings are 
     pending.
       (c) Private, Confidential Meeting Space.--The Director 
     shall ensure that unaccompanied noncitizen children are 
     provided access to a private, confidential space to meet with 
     legal services providers and a private, confidential 
     telephone line to contact their legal counsel or legal 
     services providers at the expense of the government.
       (d) Contact With Legal Counsel.--An unaccompanied 
     noncitizen child shall be permitted to call or meet with his 
     or her legal counsel or legal services provider at any time.
       (e) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated 
     such sums as may be necessary to carry out this section.
       (2) Funding.--Amounts made available under this section 
     shall be maintained separately from amounts designated for 
     childcare facilities.
       (f) Scope of Representation.--Government-appointed counsel 
     appointed or provided by the Secretary under this section may 
     provide to an unaccompanied noncitizen child the full scope 
     of representation, including representation in--
       (1) any matter relevant to the child's well-being, 
     including conditions of detention and matters relating to 
     medical and mental health services and medication;
       (2) placement review hearings;
       (3) sponsorship hearings; and
       (4) any other matter relating to immigration.
       (g) Cooperation of Office of Refugee Resettlement 
     Required.--
       (1) In general.--The Director shall ensure that the legal 
     counsel of an unaccompanied noncitizen child has access to 
     prompt, reasonable, and regular direct communication with 
     case managers, case coordinators, and Federal field 
     specialists overseeing the child's placement, release, family 
     reunification, transfer, and medical and mental health 
     services.
       (2) Requests by counsel for information.--On request by the 
     legal counsel or the independent legal services provider of 
     an unaccompanied noncitizen child, the Director shall 
     provide, not later than 7 days after the date on which the 
     request is made, the following:
       (A) The names and telephone numbers of all prospective 
     sponsors of the unaccompanied noncitizen child concerned.
       (B) A copy of the complete Office of Refugee Resettlement 
     case file and records of the unaccompanied noncitizen child 
     concerned.

TITLE V--APPOINTMENT OF CHILD ADVOCATES AND IMPROVEMENTS TO IMMIGRATION 
                                 COURTS

     SEC. 4501. APPOINTMENT OF CHILD ADVOCATES.

       (a) In General.--The Secretary shall appoint independent 
     child advocates to unaccompanied noncitizen children, 
     including--
       (1) each vulnerable unaccompanied noncitizen child in the 
     custody of the Secretary; and
       (2) each vulnerable unaccompanied noncitizen child who has 
     been released from such custody.
       (b) Expansion of Child Advocate Services.--
       (1) In general.--The Secretary shall increase funding for 
     child advocate services to facilitate the expansion, by not 
     later than the date that is 180 days after the date of the 
     enactment of this Act, of the provision of such services to 
     all locations at which--
       (A) unaccompanied noncitizen children in the custody of the 
     Secretary are housed; or
       (B) unaccompanied noncitizen children appear before 
     immigration courts for removal proceedings.
       (2) Prioritization.--In expanding services under this 
     subsection, the Secretary shall prioritize locations that 
     have the highest numbers of unaccompanied noncitizen children 
     in the custody of the Secretary and unaccompanied noncitizen 
     children appearing before immigration courts.
       (3) Access to records.--
       (A) In general.--A child advocate appointed under this 
     section shall have timely access to all materials necessary 
     to effectively advocate for the best interests of the 
     unaccompanied noncitizen child concerned, including the 
     child's complete Office of Refugee Resettlement case file and 
     records.
       (B) Request.--On request by such a child advocate, the 
     Director shall provide a complete copy of an unaccompanied 
     noncitizen child's Office of Refugee Resettlement case file 
     and records not later than 72 hours after the request is 
     made.
       (4) Best interest recommendations.--A child advocate 
     appointed under this section shall submit a best interest 
     recommendation based on law, policy, medical or behavioral 
     health, and relevant social science research to any Federal 
     or State agency making a decision with respect to the best 
     interests of an unaccompanied noncitizen child, including--
       (A) the Department of Health and Human Services;
       (B) the Department of Justice;
       (C) the Department of Homeland Security; and
       (D) a Federal, State, or Tribal court.
       (5) Confidentiality.--All communications between child 
     advocates appointed under this section and unaccompanied 
     noncitizen children shall be confidential, and such a child 
     advocate may not be compelled to testify or provide evidence, 
     in any proceeding, with respect to any information or opinion 
     conveyed to the child advocate by an unaccompanied noncitizen 
     child in the course of serving as child advocate.
       (6) Legal support.--The Secretary shall ensure that each 
     location at which child advocate services are provided under 
     this section is staffed with 1 or more attorneys who have 
     expertise in immigration law and child welfare law.
       (7) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this subsection.

     SEC. 4502. IMMIGRATION COURT IMPROVEMENTS.

       (a) Hiring of Immigration Judges.--
       (1) In general.--To adjudicate pending cases and 
     efficiently process future cases, the Attorney General shall 
     increase the total number of immigration judges by not fewer 
     than 75 judges during fiscal year 2024.
       (2) Qualifications.--The Attorney General shall ensure that 
     each immigration judge hired under this subsection--
       (A) is highly qualified;
       (B) has substantial experience in the field of immigration 
     law; and
       (C) is trained to conduct fair and impartial hearings in 
     accordance with applicable due process requirements.
       (3) No preference for candidates with prior service in the 
     federal government.--In selecting immigration judges under 
     this subsection, the Attorney General may not assign any 
     preference to a candidate who has prior service in the 
     Federal Government over a candidate who has equivalent 
     subject matter expertise based on experience in a nonprofit 
     organization, private practice, or academia, but does not 
     have previous Federal service.
       (b) Immigration Court Staff.--During fiscal year 2024, the 
     Attorney General shall--
       (1) increase the total number of judicial law clerks at the 
     Executive Office for Immigration Review by 75; and
       (2) increase the total number of support staff for 
     immigration judges, including legal assistants and 
     interpreters, by 300.
       (c) Support Staff; Other Resources.--The Attorney General 
     shall ensure that the Executive Office for Immigration Review 
     has sufficient support staff, adequate technological and 
     security resources, and appropriate facilities to conduct the 
     immigration proceedings required under Federal law.
       (d) Limitation.--Amounts appropriated for the Executive 
     Office for Immigration Review or for any other division, 
     activity, or function of the Department of Justice may not be 
     used to implement numeric case load judicial performance 
     standards or other standards that could negatively impact the 
     fair administration of justice by the immigration courts.
       (e) Docket Management for Resource Conservation.--
     Notwithstanding any opposition from the Secretary of Homeland 
     Security or the Attorney General, immigration

[[Page S630]]

     judges shall administratively close or terminate cases, and 
     the Board of Immigration Appeals shall remand cases for 
     administrative closure, if an individual in removal 
     proceedings--
       (1) appears to be prima facie eligible for a visa or any 
     other immigration benefit; and
       (2) has a pending application for such benefit before U.S. 
     Citizenship and Immigration Services or any other applicable 
     Federal agency.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.

            TITLE VI--OVERSIGHT, MONITORING, AND ENFORCEMENT

     SEC. 4601. OFFICE OF THE OMBUDSPERSON FOR UNACCOMPANIED 
                   NONCITIZEN CHILDREN IN IMMIGRATION CUSTODY.

       (a) Establishment.--There is established within the 
     Department of Health and Human Services an Office of the 
     Ombudsperson for Unaccompanied Noncitizen Children (referred 
     to in this section as the ``Office'') to monitor and oversee 
     compliance with this division and the amendments made by this 
     division.
       (b) Independence.--The Office shall be an impartial, 
     confidential resource that is fully independent of--
       (1) the Office of Refugee Resettlement; and
       (2) the Department of Homeland Security.
       (c) Ombudsperson.--
       (1) In general.--The Office shall be headed by an 
     Ombudsperson, who shall be appointed by, and report directly 
     to, the Secretary.
       (2) Recommendations from stakeholders.--Before making an 
     appointment under paragraph (1), the Secretary shall solicit 
     and consider candidate recommendations from organizations 
     that provide legal services to, and advocate on behalf of, 
     immigrant children.
       (3) Limitation on certain former employees.--The Secretary 
     may not appoint as Ombudsperson any individual who, during 
     the 2-year period preceding the date of appointment, was an 
     employee of the Office of Refugee Resettlement or the 
     Department of Homeland Security.
       (4) Term.--
       (A) In general.--Subject to subparagraph (C), the term of 
     an Ombudsperson appointed under this subsection shall be not 
     more than 4 years.
       (B) Consecutive terms.--An Ombudsperson may be appointed 
     for consecutive terms.
       (C) Expiration.--The term of an Ombudsperson shall not 
     expire before the date on which the Ombudsperson's successor 
     is appointed.
       (5) Removal for cause.--The Secretary may only remove or 
     suspend an Ombudsperson for neglect of duty or gross 
     misconduct.
       (6) Duties and authorities.--
       (A) Regional offices.--
       (i) Establishment.--The Ombudsperson shall establish not 
     fewer than 7 regional offices of the Office--

       (I) to strengthen State oversight;
       (II) to investigate complaints;
       (III) to coordinate with State licensing entities; and
       (IV) to identify and address differences among State child 
     protection laws.

       (ii) Locations.--

       (I) In general.--The regional offices required under clause 
     (i) shall be established in the following locations:

       (aa) 1 regional office in Texas.
       (bb) 1 regional office in Arizona.
       (cc) 1 regional office in California or a State in the 
     Northwest.
       (dd) 1 regional office in a State in the Midwest.
       (ee) 1 regional office in a State in the Mid-Atlantic.
       (ff) 1 regional office in a State in the Northeast.
       (gg) 1 regional office in a State in the Southeast.

       (II) Additional locations.--The Ombudsperson may make a 
     recommendation to the Secretary with respect to the location 
     of any additional regional office.

       (iii) Appointment of deputies.--The Ombudsperson shall 
     appoint a full-time deputy for each regional office, who 
     shall serve at the Ombudsperson's discretion.
       (iv) Applicability of other provisions.--The regional 
     offices established under this subparagraph shall have the 
     same access to facilities and records, maintain the same 
     rights, roles, and responsibilities, and be subject to the 
     same confidentiality requirements as the Office.
       (B) Hiring.--
       (i) In general.--The Ombudsperson shall hire to carry out 
     the functions of the Office necessary personnel, including 
     clerical personnel, who shall serve at the discretion of the 
     Ombudsperson.
       (ii) Subject matter experts.--The personnel hired under 
     clause (i) shall include relevant subject matter experts, 
     including--

       (I) legal advocates or specialists in the fields of child 
     and family welfare, immigration, and human rights;
       (II) pediatricians;
       (III) child and adolescent psychiatrists and psychologists;
       (IV) social workers;
       (V) data analysts with demonstrable expertise in child 
     welfare or immigration; and
       (VI) youth or young adults with experience as noncitizen 
     children in immigration custody.

       (C) Monitoring.--
       (i) In general.--The Ombudsperson shall monitor, including 
     by making site visits, for compliance with all applicable law 
     and standards relating to noncitizen children in immigration 
     custody.
       (ii) Influx facilities.--The Ombudsperson shall conduct 
     site visits of influx facilities, as described in section 
     4306.
       (D) Investigations.--
       (i) In general.--The Ombudsperson--

       (I) may conduct any investigation relating to noncitizen 
     children in immigration custody the Ombudsperson considers 
     necessary; and
       (II) shall investigate--

       (aa) claims of abuse, neglect, or mistreatment of 
     noncitizen children by the Government or any other entity 
     while in immigration custody; and
       (bb) complaints made against foster care providers, 
     including in the case of such a provider that is subject to 
     State oversight.
       (ii) Timeline.--The Ombudsperson shall commence an 
     investigation under clause (i)(II) not later than 30 days 
     after the date on which a claim or complaint described in 
     that clause is received.
       (iii) Reporting of state licensing violations.--If in the 
     course of an investigation under clause (i)(II)(bb) the 
     Ombudsperson discovers a State licensing violation, the 
     Ombudsperson shall report the violation to the child welfare 
     licensing agency of the applicable State.
       (iv) Procedures.--The Ombudsperson shall establish a 
     procedure for conducting investigations, receiving and 
     processing complaints, and reporting findings.
       (v) Notification.--

       (I) Commencement of investigation.--If the Ombudsperson 
     decides to commence an investigation based on a complaint 
     received, not later than 45 days after the date on which the 
     investigation commences, the Ombudsperson shall so notify the 
     complainant.
       (II) Decision not to investigate or to discontinue 
     investigation.--If the Ombudsperson decides not to 
     investigate a complaint or to discontinue an investigation 
     commenced under this subparagraph, not later than 45 days 
     after the date on which such an action is taken, the 
     Ombudsperson shall notify the complainant and provide a 
     reason for such action.
       (III) Progress and results.--The Ombudsperson shall provide 
     a complainant with updates on the progress of an 
     investigation and shall notify the complainant of the results 
     of the investigation.

       (vi) Confidentiality.--

       (I) In general.--All information obtained by the 
     Ombudsperson from a complaint shall be confidential under 
     applicable Federal and State confidentiality law, regardless 
     of whether the Ombudsperson--

       (aa) investigates the complaint;
       (bb) refers the complaint to any other entity for 
     investigation; or
       (cc) determines that the complaint is not a proper subject 
     for an investigation.

       (II) Disclosure.--Disclosure of any such information may 
     only occur as necessary to carry out the mission of the 
     Office and as permitted by law.

       (E) Reporting mechanisms.--
       (i) In general.--The Ombudsperson shall establish and 
     maintain--

       (I) a public toll-free telephone number to receive 
     complaints and reports of matters for investigation; and
       (II) a public email address to receive complaints, such 
     reports, and requests for review of placement and sponsorship 
     decisions.

       (ii) Availability.--

       (I) In general.--The Ombudsperson shall ensure that such 
     telephone number and email address--

       (aa) are made available, and a telephone is accessible, to 
     all children in immigration custody; and
       (bb) are made available to prospective sponsors, sponsors, 
     Flores settlement agreement class counsel, and legal services 
     providers and child advocates who serve such noncitizen 
     children.

       (II) Sponsorship applications.--The Director shall provide 
     such telephone number and email address to the prospective 
     sponsor of each unaccompanied noncitizen child.

       (iii) Language access.--

       (I) In general.--Such telephone number and email address 
     shall be posted in public areas of each facility or placement 
     in which 1 or more children in immigration custody are held, 
     in multiple languages, including the top 20 preferred 
     languages.
       (II) Additional languages.--The Ombudsperson may require 
     that such contact information be made available and posted in 
     any additional language the Ombudsperson considers necessary 
     based on the demographics of arriving noncitizen children.

       (F) Hearings.--The Ombudsperson may hold public hearings as 
     the Ombudsperson considers necessary.
       (G) Individual case assistance and review.--
       (i) In general.--The Ombudsperson may offer individual case 
     assistance for noncitizen children in immigration custody.
       (ii) Communication with others.--In providing such 
     individual case assistance, the Ombudsperson may speak with a 
     noncitizen child's prospective sponsor, family members, child 
     advocate, legal counsel, case manager, case coordinator, and 
     Office of Refugee Resettlement Federal field specialist 
     staffing the noncitizen child's case, as applicable.
       (H) Stakeholder meetings.--

[[Page S631]]

       (i) Community stakeholders.--Not less frequently than 
     quarterly, the Ombudsperson shall invite community 
     stakeholders, including attorneys who represent noncitizen 
     children in immigration custody, to participate in a meeting.
       (ii) Data tracking personnel.--Not less frequently than 
     quarterly, the Ombudsperson shall invite personnel of the 
     Department of Homeland Security and the Department of Health 
     and Human Services who manage the data tracking systems 
     described in section 4602 to participate in a meeting for the 
     purpose of informing the Ombudsperson with respect to the 
     efficacy and responsiveness of the system with empirical 
     data, analysis, and data needs.
       (iii) Additional meetings.--The Ombudsperson may convene 
     additional meetings at any time, as the Ombudsperson 
     considers necessary.
       (I) Reporting.--
       (i) Annual public report.--

       (I) In general.--Not less frequently than annually, the 
     Ombudsperson shall issue a public report on the 
     implementation of and compliance with this division and the 
     amendments made by this division, by the Secretary and the 
     Secretary of Homeland Security.
       (II) Elements.--Each report under subclause (I) shall 
     include the following:

       (aa) For the preceding fiscal year, the accomplishments and 
     challenges relating to such implementation and compliance.
       (bb) A summary of complaints made and investigations 
     carried out during the preceding fiscal year, including--
       (AA) the number of complaints and number and nature of 
     other contacts;
       (BB) the number of complaints made, including the type and 
     source;
       (CC) the number of investigations carried out;
       (DD) the trends and issues that arose in the course of 
     investigating complaints; and
       (EE) the number of pending complaints.
       (cc) For the preceding fiscal year, a summary of--
       (AA) each site visit conducted;
       (BB) any interview with a noncitizen child or facility 
     staff;
       (CC) facility audits and corrective actions taken or 
     recommended;
       (DD) appeals made to the Ombudsperson; and
       (EE) any other information the Ombudsperson considers 
     relevant.
       (dd) A detailed analysis of the data collected under 
     section 4602.
       (ee) Recommendations--
       (AA) for improving implementation and compliance with this 
     division and the amendments made by this division; and
       (BB) as to whether the Director should renew or cancel 
     contracts with particular Office of Refugee Resettlement 
     grantees.
       (ff) A description of the priorities for the subsequent 
     fiscal year.
       (ii) Report on training materials.--The Ombudsperson shall 
     issue a public report on the training materials developed by 
     the Director under section 4203(d)(4) that includes a 
     description of any concerns the Ombudsperson has with respect 
     to the materials.
       (iii) Additional reports.--The Ombudsperson may issue 
     additional reports at any time, including data analyses and 
     findings, as the Ombudsperson considers necessary.
       (J) Information gathering.--
       (i) In general.--The Ombudsperson may submit to the 
     Director, the Director of U.S. Immigration and Customs 
     Enforcement, and the juvenile coordinators of U.S. Customs 
     and Border Protection requests for information with respect 
     to the implementation of this division.
       (ii) Response required.--Not later than 30 days after the 
     date on which a juvenile coordinator receives a request for 
     information under clause (i), the juvenile coordinator shall 
     submit a detailed response to the Ombudsperson, the Director, 
     the Director of U.S. Immigration and Customs Enforcement, and 
     the Commissioner of U.S. Customs and Border Protection.
       (iii) Cooperation required.--The Secretary and the 
     Secretary of Homeland Security shall--

       (I) cooperate with any request for information by the 
     Ombudsperson; and
       (II) report to the Ombudsperson any policy or instruction 
     issued to employees regarding the implementation of this 
     division.

       (K) Subpoena authority.--
       (i) In general.--The Ombudsperson may--

       (I) issue a subpoena to require the production of all 
     information, reports, and other documentary evidence 
     necessary to carry out the duties of the Ombudsperson; and
       (II) compel by subpoena, at a specified time and place--

       (aa) the appearance and sworn testimony of an individual 
     who the Ombudsperson reasonably believes may be able to 
     provide information relating to a matter under investigation; 
     and
       (bb) the production by an individual of a record of an 
     object that the Ombudsperson reasonably believes may relate 
     to a matter under investigation.
       (ii) Effect of failure to comply.--In the case of an 
     individual who fails to comply with a subpoena issued under 
     this subparagraph, the Ombudsperson may commence a civil 
     action in an appropriate court.
       (L) Additional duties.--The Ombudsperson shall--
       (i) develop notices of rights, as described in sections 
     4105(d)(5) and 4202;
       (ii) review training materials, as described in section 
     4203(d)(4);
       (iii) conduct reviews of decisions in placement review 
     hearings, as described in section 4226(b)(6);
       (iv) conduct reviews of decisions in sponsorship hearings, 
     as described in section 4232(b)(3)(H);
       (v) regularly review data collected under section 4602; and
       (vi) track and monitor processing times and length of 
     custody for noncitizen children in immigration custody.
       (d) Access.--
       (1) Facilities.--
       (A) In general.--The Secretary and the Secretary of 
     Homeland Security shall ensure unobstructed access by the 
     Ombudsperson to any facility at which a noncitizen child is 
     detained.
       (B) Information collection for site visits.--For each site 
     visit conducted by the Ombudsperson, facility staff shall 
     provide a list of the unaccompanied noncitizen children 
     housed in the facility, including their names, alien 
     registration numbers, dates of birth, dates of apprehension, 
     and the dates of facility placement--
       (i) in the case of an announced site visit, not less than 
     48 hours before the arrival of the Ombudsperson; and
       (ii) in the case of an unannounced site visit, on the 
     arrival of the Ombudsperson.
       (C) Private and confidential space.--A facility shall 
     provide a private and confidential space in which the 
     Ombudsperson may interview unaccompanied noncitizen children 
     and staff.
       (D) Delegation.--The Ombudsperson may designate 1 or more 
     individuals from outside the Ombudperson's office to conduct 
     site visits and interview detained children.
       (2) Information.--On request by the Ombudsperson, the 
     Secretary shall ensure, not later than 48 hours after receipt 
     of the request, unobstructed access by the Ombudsperson to--
       (A) the case files, records, reports, audits, documents, 
     papers, recommendations, or any other pertinent information 
     relating to the care and custody of a noncitizen child; and
       (B) the written policies and procedures of all childcare 
     facilities.
       (3) Definition of unobstructed access.--In this subsection, 
     the term ``unobstructed access'' means--
       (A) with respect to a facility, the ability--
       (i) to enter the facility at any time, including 
     unannounced, to observe and inspect all areas of the 
     facility;
       (ii) to communicate privately and without restriction with 
     any child, caregiver, facility staff, or volunteer; and
       (iii) to obtain, review, and reproduce any--

       (I) record of a child, staff member, or caregiver;
       (II) administrative record, policy, or document of any 
     facility;
       (III) licensing record maintained by the applicable Federal 
     or State agency; or
       (IV) record, including a confidential record, of a Federal 
     or State agency or any contractor of a Federal or State 
     agency, except sealed court records, production of which may 
     only be compelled by subpoena; and

       (B) with respect to information, the ability to obtain 
     requested information in a timely manner and with the full 
     cooperation of the Secretary or the Secretary of Homeland 
     Security, as applicable.
       (e) Confidentiality.--
       (1) Identity of complainants and witnesses.--The 
     Ombudsperson shall maintain confidentiality with respect to 
     the identities of complainants or witnesses coming before the 
     Office, except if such a disclosure is necessary--
       (A) to carry out the duties of the Ombudsperson; and
       (B) to support recommendations made in individual cases, 
     annual reports, or other reports.
       (2) Records.--In accordance with relevant Federal and State 
     law, the Ombudsperson may not disclose a confidential record.
       (3) Testimony and deposition.--The Ombudsperson and 
     employees of the Office may not testify or be deposed in a 
     judicial or administrative proceeding regarding matters that 
     have come to their attention in the exercise of their 
     official duties, except as the Ombudsperson considers 
     necessary to enforce this division or the amendments made by 
     this division.
       (4) Subpoena and discovery.--The records of the Office, 
     including notes, drafts, and records obtained from an 
     individual, a provider, or an agency during intake, review, 
     or investigation of a complaint, and any reports not released 
     to the public are not subject to disclosure or production in 
     response to a subpoena or discovery in a judicial or 
     administrative proceeding, except as the Ombudsperson 
     considers necessary to enforce this division or the 
     amendments made by this division.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.

     SEC. 4602. DATA COLLECTION AND REPORTING.

       (a) Department of Homeland Security.--
       (1) In general.--The Secretary of Homeland Security shall 
     collect and maintain a record of each noncitizen child held 
     in the custody of the Secretary of Homeland Security.
       (2) Frequency and submission of data collected.--

[[Page S632]]

       (A) In general.--Not less frequently than weekly, the 
     Secretary of Homeland Security shall--
       (i) collect the information described in paragraph (3) from 
     each district office and Border Patrol station; and
       (ii) submit such data to--

       (I) the Ombudsperson; and
       (II) the Committee on the Judiciary and the Committee on 
     Appropriations of the Senate and the Committee on the 
     Judiciary and the Committee on Appropriations of the House of 
     Representatives.

       (3) Information described.--The information described in 
     this paragraph is the following:
       (A) Individual data.--For each noncitizen child in the 
     custody of the Secretary of Homeland Security, the following:
       (i) Biographical information, including full name, date of 
     birth, country of citizenship, preferred language, and alien 
     number.
       (ii) The date the child was apprehended and placed in such 
     custody.
       (iii) The date and the time the child was released or 
     transferred from such custody and to whom the child was so 
     released or transferred.
       (iv) For each accompanying family member of the child or 
     other adult the child identifies as a previous caregiver, 
     biographical and contact information.
       (v) An indication as to whether the child arrived in the 
     company of a family member other than a parent or legal 
     guardian, and in the case of a separation from that family 
     member, a justification for the separation.
       (B) Aggregated data.--
       (i) The number of children in the custody of the Secretary 
     of Homeland Security as of the last day of each calendar 
     month, calculated to include all such children, disaggregated 
     by--

       (I) facility; and
       (II) Border Patrol sector.

       (ii) The largest number of children concurrently held in 
     such custody, calculated to include all such children, and 
     the 1 or more dates on which such largest number occurred, 
     disaggregated by--

       (I) facility; and
       (II) Border Patrol sector.

       (iii) The median and average number of hours in such 
     custody for each such child, calculated to include all such 
     children, disaggregated by--

       (I) facility; and
       (II) Border Patrol sector.

       (4) Publication.--Not less frequently than monthly, the 
     Secretary of Homeland Security shall publish on a publicly 
     accessible internet website of the Department of Homeland 
     Security the following:
       (A) The figures for the data collected under paragraph 
     (3)(B)(i).
       (B) For the preceding calendar month, the figures for the 
     data collected under clauses (ii) and (iii) of paragraph 
     (3)(B).
       (b) Office of Refugee Resettlement.--
       (1) In general.--To support the data collection and 
     monitoring duties of the Ombudsperson and to facilitate 
     public monitoring, the Director shall--
       (A) develop a systemic data collection system to collect 
     and maintain relevant demographic information that is 
     pertinent to serving--
       (i) the population of unaccompanied noncitizen children in 
     the custody of the Secretary of Health and Human Services; 
     and
       (ii) children who have been released from such custody with 
     services pending;
       (B) not less than every 3 years, review the data collected, 
     the categorization of such data, the information architecture 
     for organizing and analyzing such data, any safety concern 
     relating to the collection of such data, and the method for 
     obtaining or collecting such data under such system;
       (C)(i) as appropriate, revise such system to make 
     improvements in service delivery to unaccompanied noncitizen 
     children; and
       (ii) if such system is so revised, ensure the continuity of 
     comparative data from periods before and after the revision; 
     and
       (D) ensure the ongoing functioning and use of such system 
     by the Office of Refugee Resettlement.
       (2) Frequency of data collected.--Not less frequently than 
     weekly, the Director shall--
       (A) collect from each childcare facility the information 
     described in paragraph (3); and
       (B) maintain such information in the system described in 
     paragraph (1)(A).
       (3) Information described.--The information described in 
     this paragraph is the following:
       (A) Individual data.--For each unaccompanied noncitizen 
     child in the custody of the Secretary of Homeland Security--
       (i) biographical information, including full name, date of 
     birth, country of citizenship, preferred language, and alien 
     number;
       (ii) the date the child was apprehended and placed in such 
     custody of the Secretary of Homeland Security;
       (iii) the date the child was placed in the custody of the 
     Secretary of Health and Human Services;
       (iv) the date on which the child was placed in a childcare 
     facility, or transferred between childcare facilities, as 
     applicable, and the name and location of each childcare 
     facility;
       (v) in the case of a child placed in a residential 
     treatment center, therapeutic childcare facility, staff-
     secure facility, or out-of-network facility, a justification 
     for such placement;
       (vi) the status of the child's family reunification 
     process, including--

       (I) a record of the 1 or more case managers who have worked 
     on the child's case, including a description of the work 
     performed;
       (II) in the case of a child who is released or discharged 
     from the custody of the Secretary of Health and Human 
     Services--

       (aa) the date of release or discharge;
       (bb) the name of the individual to whom the child was 
     released, as applicable; and
       (cc) the reason for release or discharge; and

       (III) in the case of a child removed from the United 
     States, the date of removal and the country to which he or 
     she was removed, regardless of whether a child was removed 
     directly from the custody of the Secretary of Health and 
     Human Services; and

       (vii) the number of occasions on which the operator of a 
     childcare facility or an influx facility contacted law 
     enforcement with respect to the child, as applicable, and the 
     justification for each such contact.
       (B) Facility data.--For each childcare facility or influx 
     facility funded by the Department of Health and Human 
     Services--
       (i) the median length of stay for unaccompanied noncitizen 
     children placed at the facility;
       (ii) for children who have been released to sponsors, the 
     median amount of time spent by such children in the custody 
     of the Secretary of Health and Human Services before release;
       (iii) the utilization rate of the facility (excluding 
     funded but unplaceable beds and calculated as the number of 
     filled beds divided by the number of beds available for 
     placement, expressed as a percentage);
       (iv) the percentage of unaccompanied noncitizen children 
     transferred from the facility to any other facility, 
     calculated on a rolling basis; and
       (v) the number and type of child abuse or neglect 
     allegations against facility staff or against other children 
     in the facility, and the number of such allegations 
     substantiated.
       (C) National capacity data.--
       (i) In general.--For all childcare facilities and influx 
     facilities, in the aggregate--

       (I) the number of pending beds; and
       (II) the number of delivered beds, disaggregated by--

       (aa) beds occupied by unaccompanied noncitizen children;
       (bb) unoccupied beds available for potential use by 
     unaccompanied noncitizen children; and
       (cc) unavailable beds that are funded but cannot receive 
     children.
       (ii) Definitions.--In this subparagraph:

       (I) Delivered bed.--The term ``delivered bed'' means a bed 
     delivered to the Department of Health and Human Services for 
     use by an unaccompanied noncitizen child.
       (II) Pending bed.--The term ``pending bed'' means a bed--

       (aa) to be provided to the Department of Health and Human 
     Services for use by an unaccompanied noncitizen child that is 
     funded by a grant, cooperative agreement, contract, or any 
     other means; but
       (bb) that is not yet a delivered bed.
       (D) Family reunification data.--For all unaccompanied 
     noncitizen children in the custody of the Secretary of Health 
     and Human Services--
       (i) the median time-to-release, disaggregated by--

       (I) children released to parents or legal guardians;
       (II) children released to other sponsors;
       (III) children who have home studies mandated by section 
     235 of the Trafficking Victims Protection Reauthorization Act 
     of 2008 (8 U.S.C. 1232);
       (IV) children granted home studies through the discretion 
     of the Director; and
       (V) all other children; and

       (ii) the number of children who have been in such custody 
     for more than 90 days, disaggregated by--

       (I) children placed in therapeutic foster care;
       (II) children placed in long-term foster care; and
       (III) children in placements that are not therapeutic 
     foster care or long-term foster care.

       (E) Comprehensive national data.--
       (i) The number and characteristics of children placed in 
     and exiting the custody of the Secretary of Health and Human 
     Services.
       (ii) The status of the unaccompanied noncitizen child 
     population, including the number of such children in such 
     custody, age cohorts of such children, length of placements, 
     types of placements, location in-network or out-of-network, 
     and goals for reunification by sponsor or placement type.
       (iii) The number and percentage of unaccompanied noncitizen 
     children designated for and receiving any of the following:

       (I) Mandatory home studies.
       (II) Discretionary home studies.
       (III) Post-release services.

       (iv) The number and percentage of unaccompanied noncitizen 
     children held in a facility funded by the Office of Refugee 
     Resettlement with more than 25 other unaccompanied noncitizen 
     children.
       (v) The number and percentage of unaccompanied noncitizen 
     children with special needs or disabilities (as defined in 
     section 3 of the Americans with Disabilities Act of 1990 (42 
     U.S.C. 12102)).
       (vi) For each type of childcare facility and each influx 
     facility--

       (I) the average national case manager-to-child ratio; and
       (II) the national utilization rate (excluding funded but 
     unplaceable beds and calculated

[[Page S633]]

     as the number of filled beds divided by the number of beds 
     available for placement, expressed as a percentage).

       (vii) The number of such facilities alleged and found to be 
     out of compliance with the facility standards under the 
     Prison Rape Elimination Act of 2003 (34 U.S.C. 30301 et 
     seq.).
       (viii) The number and types of violations for sexual abuse 
     and exploitation alleged and resolved with respect to 
     unaccompanied noncitizen children while in the custody of the 
     Secretary of Health and Human Services, counted and 
     categorized in accordance with the Prison Rape Elimination 
     Act of 2003 (34 U.S.C. 30301 et seq.).
       (ix) The rate of compliance with subparagraphs (A) and (B) 
     of section 4231(a)(2).
       (F) Further population and general characteristics data.--
       (i) In general.--

       (I) The general status and characteristics of the 
     population of unaccompanied noncitizen children and their 
     family members.
       (II) The general quality and speed of the placement 
     process, and information on post-placement outcomes.
       (III) Barriers to release for such children, including 
     relevant cross-tabulations with other collected data.
       (IV) An identification of children who are vulnerable to or 
     victims of human trafficking.
       (V) The general status and characteristics of facilities 
     funded by the Office of Refugee Resettlement for the purpose 
     of the care of unaccompanied noncitizen children.
       (VI) The rate of increase or decrease in childcare facility 
     usage, such that cross-facility comparisons are useful or 
     systemwide seasonal variations may be anticipated.
       (VII) Aggregate measures that allow comparison between 
     facilities by size, placement type, and any other appropriate 
     factor of number and type of child abuse or neglect 
     allegations against staff or against other children.

       (ii) Collection standards.--The Director shall develop and 
     implement standards for the collection of the information 
     described in clause (i).
       (4) Submission of data and information.--Not less 
     frequently than weekly, the Director shall submit, in a 
     manner that corresponds with publication under paragraph (6), 
     the information described in paragraph (3) for the preceding 
     week to--
       (A) the Ombudsperson; and
       (B) the Committee on the Judiciary and the Committee on 
     Appropriations of the Senate and the Committee on the 
     Judiciary and the Committee on Appropriations of the House of 
     Representatives.
       (5) Additional requirements.--
       (A) Reliability and consistency of data collection 
     system.--The data collection system developed and implemented 
     under paragraph (1) shall--
       (i) ensure that--

       (I) data collected is reliable and consistent over time and 
     among jurisdictions through the use of uniform definitions 
     and methodologies; and
       (II) publicly available data remains reliable and 
     consistent over time, unless--

       (aa) the removal of data from the public domain protects 
     individuals or groups of individuals from harm or potential 
     harm; or
       (bb) a modification to a definition or methodology is 
     necessary to allow the Office of Refugee Resettlement to 
     serve unaccompanied noncitizen children better, individually 
     or as a group; and
       (ii) for the information described in paragraph (3)(F), 
     include metadata with respect to whether, and in what form, 
     such information may be made available to the public, with 
     the presumption that information shall be made available to 
     the public--

       (I) in the least restricted form that protects individual 
     privacy; and
       (II) on the same internet website used for publication 
     under paragraph (6).

       (B) Incentives.--The Director shall use appropriate 
     requirements and incentives to ensure that the data 
     collection system developed and implemented under paragraph 
     (1) functions reliably throughout the United States.
       (6) Publication.--
       (A) Monthly report.--
       (i) In general.--Not less frequently than monthly, the 
     Director shall publish on a publicly accessible internet 
     website of the Office of Refugee Resettlement the following:

       (I) As of the last day of the preceding calendar month, the 
     figures for the data collected under subparagraphs (C), 
     (D)(ii), and (E)(ii) of paragraph (3).
       (II) For each calendar month, the figures for the data 
     collected under subparagraphs (D)(i), (E)(i), (E)(v), and 
     (E)(vi) of paragraph (3).
       (III) If an influx facility, an emergency facility, or any 
     other unlicensed facility is in operation to house noncitizen 
     children, the figures for the data collected under paragraph 
     (3)(E)(ix) and any other data required to ensure oversight 
     and transparency under section 4306.
       (IV) The data and measures described in paragraph (3)(F) 
     for which new or continuing publication is--

       (aa) in the public interest; or
       (bb) required under paragraph (5)(A).

       (V) A description of any change between the information 
     reported under subclauses (I) through (IV) for the reporting 
     period and such information reported for the preceding 
     reporting period.

       (ii) Aggregation of data.--The information published under 
     clause (i) shall be aggregated so as to facilitate uniform 
     monthly reporting.
       (B) Annual report.--
       (i) In general.--Not less frequently than annually, the 
     Director shall publish on a publicly accessible internet 
     website of the Office of Refugee Resettlement the following:

       (I) As of the last day of each fiscal year, the figures for 
     the data collected under subparagraphs (E)(iii), (E)(v), 
     (E)(vii), and (E)(viii) of paragraph (3).
       (II) The data and measures described in paragraph (3)(F) 
     for which new or continuing publication is--

       (aa) in the public interest; or
       (bb) required under paragraph (5)(A).

       (III) A description of any change between the information 
     reported under subclauses (I) and (II) for the reporting 
     period and such information reported for the preceding 
     reporting period.

       (ii) Aggregation of data.--The information published under 
     clause (i) shall be aggregated so as to facilitate uniform 
     annual reporting.
       (c) Ombudsperson Review of Data.--The Secretary of Health 
     and Human Services and the Secretary of Homeland Security 
     shall--
       (1) ensure that the Ombudsperson--
       (A) has access to all real-time data regarding noncitizen 
     children in immigration custody; and
       (B) is able to independently and regularly review data 
     collected by the Department of Health and Human Services and 
     Department of Homeland Security with respect to such 
     children;
       (2) respond in a timely manner to inquiries from the 
     Ombudsperson with respect to such data; and
       (3) promptly take any necessary corrective action with 
     respect to the accuracy and integrity of such data.

     SEC. 4603. ENFORCEMENT.

       (a) Audits.--
       (1) In general.--Not less frequently than annually, the 
     Director shall conduct an audit of each childcare facility, 
     which shall include a site visit--
       (A) to assess compliance of the childcare facility with the 
     requirements of this division; and
       (B) to determine whether the operator of the childcare 
     facility continues to be a State-licensed program.
       (2) Report to ombudsperson.--Not later than 7 days after 
     the date on which the Director completes an audit under 
     subsection (a), the Director shall submit to the Ombudsperson 
     a report on the audit, including a description of any 
     corrective action required to bring the childcare facility 
     into compliance.
       (b) Violations.--
       (1) Notification.--With respect to a childcare facility 
     found to be in violation of this division, the Director shall 
     provide the State-licensed program concerned with a written 
     notification of each deficiency.
       (2) Appeal.--
       (A) In general.--A State-licensed program shall have the 
     opportunity to administratively appeal a finding of 
     deficiency in a childcare facility operated by the State-
     licensed program.
       (B) No new referrals.--During the pendency of an appeal 
     under subparagraph (A), the childcare facility may not 
     receive new placements of unaccompanied noncitizen children.
       (3) Debarment.--Consistent with the Federal Acquisition 
     Regulation, any operator of a childcare facility that fails 
     to maintain an appropriate State license or meet the 
     standards set forth in this division shall be debarred or 
     suspended from contracting with the Secretary for not less 
     than 3 years.
       (c) Civil Action.--
       (1) In general.--An unaccompanied noncitizen child or the 
     parent, legal guardian, or prospective sponsor of such a 
     child alleging noncompliance by a State-licensed program with 
     the standards and procedures set forth in this division for 
     childcare facilities may commence a cause of action in a 
     district court of the United States that has venue over the 
     matter.
       (2) Venue.--Venue for an action under paragraph (1) may be 
     found in--
       (A) the district in which the original childcare facility 
     in which the unaccompanied noncitizen child concerned was 
     placed is located; or
       (B) the district in which the childcare facility to which 
     the unaccompanied noncitizen child was transferred is 
     located.
       (d) Limited Review.--Review under this section shall be 
     limited to entering an order solely affecting the individual 
     claims of the unaccompanied noncitizen child or the parent, 
     legal guardian, or prospective sponsor seeking such review.
       (e) Interference With Ombudsperson.--An employee of a 
     Federal or State agency, a contractor of a Federal or State 
     agency, or a care provider who intentionally prevents, 
     interferes with, or attempts to impede the work of the 
     Ombudsperson shall be subject to a civil penalty, which shall 
     be not more than $2,500 for each violation.
       (f) Breach of Duty of Care.--If the Ombudsperson has reason 
     to believe that an employee of a Federal or State agency or a 
     contractor of a Federal or State agency has, in the conduct 
     of official duties, breached the duty of care or engaged in 
     misconduct, the Ombudsperson shall refer the matter to

[[Page S634]]

     the head of such Federal or State agency, a grand jury, or 
     other appropriate official or agency.
       (g) Criminal Penalty for Discrimination or Retaliation.--A 
     violation of section 4604 or any provision of title VII shall 
     be a misdemeanor.

     SEC. 4604. PROTECTION FROM RETALIATION.

       (a) In General.--The Director may not--
       (1) take an adverse action against an Office of Refugee 
     Resettlement-funded legal services provider, child advocate 
     program, or any other entity based on the legal services 
     provider, child advocate program, or other entity having 
     pursued judicial review or a civil action under this 
     division, or any civil action in a State court, on behalf of 
     an unaccompanied noncitizen child or the parent, legal 
     guardian, or prospective sponsor of such a child; or
       (2) discourage, interfere in, or withdraw funds from any 
     Office of Refugee Resettlement-funded legal services 
     provider, child advocate program, or any other entity that--
       (A) pursues judicial review or a civil action under this 
     division, or any civil action in State court, to challenge 
     the conditions of such a child's custody or the denial of 
     release from custody; or
       (B) assists such a child or the parent, legal guardian, or 
     prospective sponsor of such a child to so challenge.
       (b) Protection for Individuals Filing Complaints With 
     Ombudsperson.--An employee of a Federal or State agency, a 
     contractor for a Federal or State agency, or a care provider 
     shall not retaliate against any individual for having filed a 
     complaint with, or provided information to, the Ombudsperson.
       (c) Protections for Noncitizen Children Reporting 
     Discrimination.--Noncitizen children in immigration custody 
     may not be retaliated against for reporting discrimination, 
     filing a charge of discrimination, or participating in a 
     discrimination investigation or lawsuit.

     SEC. 4605. MANDATORY ACCESS TO DETENTION FACILITIES FOR 
                   MEMBERS OF CONGRESS.

       (a) In General.--Subject to subsection (c), the Secretary 
     concerned shall allow a Member of Congress to tour any 
     facility in which 1 or more detained individuals are housed, 
     including unaccompanied noncitizen children, at a time 
     between 8:00 a.m. and 7:00 p.m. on a date requested by the 
     Member of Congress if, not later than 24 hours before the 
     date requested in the case of a Department of Homeland 
     Security facility, or not later than 2 business days before 
     the date requested in the case of a Department of Health and 
     Human Services facility, the Secretary concerned receives 
     written notice from the Member of Congress that includes--
       (1) the name of the facility; and
       (2) the date on which the Member of Congress intends to 
     tour the facility.
       (b) Accompanying Members of the Press.--
       (1) In general.--Subject to paragraph (2), the Secretary 
     concerned shall allow 1 or more members of the press to 
     accompany a Member of Congress on a tour of a facility under 
     this section.
       (2) Limitations.--
       (A) Still or video cameras.--The Secretary concerned shall 
     not be required to allow a member of the press to enter a 
     facility under paragraph (1) with a still or video camera.
       (B) Personally identifying information.--As a condition of 
     entering a facility under paragraph (1), a member of the 
     press shall agree not to release any personally identifying 
     information of a staff member of the facility or a child 
     housed at the facility without the express authorization of 
     such staff member or child.
       (c) Limitation.--The Secretary concerned may limit a tour 
     under subsection (a) to--
       (1) in the case of a facility that houses not more than 50 
     unaccompanied noncitizen children--
       (A) not more than 5 Members of Congress; and
       (B) accompanying members of the press under subsection (b); 
     and
       (2) in the case of a facility that houses more than 50 
     detained individuals, including unaccompanied noncitizen 
     children--
       (A) not more than 10 Members of Congress; and
       (B) accompanying members of the press under subsection (b).
       (d) Definition of Secretary Concerned.--In this section, 
     the term ``Secretary concerned'' means, as applicable--
       (1) the Secretary of Homeland Security; or
       (2) the Secretary of Health and Human Services.

                      TITLE VII--NONDISCRIMINATION

     SEC. 4701. FAIR AND EQUAL TREATMENT.

       (a) In General.--All noncitizen children in immigration 
     custody shall be treated fairly and equally and provided with 
     inclusive, safe, and nondiscriminatory services.
       (b) Freedom From Discrimination.--
       (1) In general.--Noncitizen children in immigration custody 
     shall have the right to be free from discrimination and 
     harassment on the basis of actual or perceived 
     characteristics relating to race, ethnic group 
     identification, ancestry, national origin, color, religion, 
     sex (including sexual orientation, gender identity, and 
     expression), language, mental or physical disability, or HIV 
     status.
       (2) Provision of services.--Services provided to noncitizen 
     children under this division shall be delivered in a manner 
     that is sensitive to the age, culture, native language, and 
     complex needs of each noncitizen child.
       (c) Rule of Construction.--Nothing in this title shall be 
     construed to diminish any protection under any other Federal 
     or State anti-discrimination law.

     SEC. 4702. RESPONSIBILITIES OF CARE PROVIDERS.

       (a) In General.--During the entire period in which a 
     noncitizen child is held in immigration custody, the child's 
     care providers shall ensure that the child--
       (1) is treated and served fairly and equally;
       (2) is treated with dignity and respect;
       (3) is cared for in an inclusive and respectful 
     environment; and
       (4) is not subject to discrimination or harassed based on 
     actual or perceived characteristics.
       (b) Special Considerations.--During the entire period in 
     which a noncitizen child is held in immigration custody, the 
     child's care providers--
       (1) in the case of an noncitizen indigenous child, in 
     partnership with the noncitizen indigenous child and, to the 
     extent practicable, the parents, extended family, and members 
     of the cultural community of the child, shall make active 
     efforts to maintain the child's connections to culture, 
     tradition, and prevailing indigenous lifeways, including 
     through culturally appropriate programs and services;
       (2) shall maintain privacy and confidentiality of 
     information relating to the child's sexual orientation and 
     gender identity;
       (3) shall use the child's correct names and pronouns 
     corresponding to the child's gender identity;
       (4) in the case of an LGBTQI child--
       (A) shall--
       (i) ensure that the child is housed according to an 
     assessment of the child's gender identity and housing 
     preference, health and safety needs, and State and local 
     licensing standards;
       (ii) offer an individualized assessment to determine 
     whether additional or alternate restroom accommodations 
     should be provided;
       (iii) allow the child to dress and express themselves 
     according to their gender identity;
       (iv) allow the child to choose the gender of staff that 
     will conduct a pat-down search if such a search is necessary; 
     and
       (v) consider the child's gender self-identification and the 
     effects of a housing assignment on the child's health and 
     safety; and
       (B) shall not--
       (i) label the child as a likely abuser or punish the child 
     for the child's sexual orientation, gender identity, or 
     gender expression; or
       (ii) isolate or involuntarily segregate the noncitizen 
     child solely because of the child's sexual orientation, 
     gender identity, or gender expression.

          TITLE VIII--INFORMATION SHARING AND DATA PROTECTION

     SEC. 4801. SEPARATION OF RECORDS.

        The Director shall ensure that--
       (1) all unaccompanied noncitizen children's personal 
     information and Office of Refugee Resettlement case files and 
     records are maintained separately and apart from such 
     children's immigration files (commonly known as ``A-Files''); 
     and
       (2) such case files and records are not accessible by the 
     Department of Homeland Security.

     SEC. 4802. PROHIBITION ON USE FOR DENIAL OF RELIEF OR IN 
                   REMOVAL PROCEEDINGS.

       An unaccompanied noncitizen child's Office of Refugee 
     Resettlement case file or record shall not be used by the 
     Secretary of Homeland Security or the Attorney General--
       (1) to deny any application for relief; or
       (2) to facilitate involuntary removal in any proceeding, 
     including expedited removal, reinstatement of removal, and 
     proceedings under section 362 or 365 of the Public Health 
     Service Act (42 U.S.C. 265, 268).

     SEC. 4803. DISCLOSURE.

       (a) Informed Consent Required.--
       (1) In general.--The personal information and Office of 
     Refugee Resettlement case file and records of an 
     unaccompanied noncitizen child--
       (A) shall be confidential; and
       (B) subject to paragraph (2), may only be disclosed if the 
     child has--
       (i) consulted with the child's legal counsel; and
       (ii) provided informed consent for disclosure.
       (2) Children under 12 years of age.--In the case of an 
     unaccompanied noncitizen child under the age of 12 years, 
     only the parent, legal guardian, or sponsor may provide 
     consent for disclosure of the personal information or Office 
     of Refugee Resettlement case file of the child.
       (3) Subsequent disclosure prohibited.--Once disclosed, the 
     personal information or Office of Refugee Resettlement case 
     file of an unaccompanied noncitizen child may not be 
     subsequently disclosed to a third party unless the child 
     has--
       (A) consulted with his or her legal counsel; and
       (B) provided informed consent for disclosure.

     SEC. 4804. PROHIBITION ON INFORMATION SHARING.

       (a) Child in Custody and Prospective Sponsors.--The 
     Director may not provide any information about an 
     unaccompanied

[[Page S635]]

     noncitizen child in the custody of the Secretary, or 
     prospective sponsors, to the Attorney General or the 
     Secretary of Homeland Security without consent of the 
     unaccompanied noncitizen child concerned or the prospective 
     sponsor, as applicable, and the legal counsel of the child or 
     sponsor, respectively.
       (b) Immigration Enforcement.--
       (1) In general.--The sharing of any information between the 
     Office of Refugee Resettlement and the Department of Homeland 
     Security for purposes of immigration enforcement is 
     prohibited.
       (2) Explanation for prospective sponsors.--The Director 
     shall ensure that Office of Refugee Resettlement 
     communications with sponsors and prospective sponsors, 
     including the family reunification application packet, 
     includes an explanation that information provided to the 
     Office of Refugee Resettlement may only be shared with the 
     Department of Homeland Security if the child and sponsor or 
     prospective sponsor concerned have provided informed consent.
       (c) Relief From Removal.--The sharing of any information 
     between the Office of Refugee Resettlement and the Department 
     of Homeland Security or the Department of Justice for 
     purposes of relief from removal is prohibited.
       (d) Exceptions.--
       (1) In general.--The Secretary may provide for the 
     disclosure of information in the same manner and 
     circumstances as census information may be disclosed by the 
     Secretary of Commerce under section 8 of title 13, United 
     States Code.
       (2) National security purposes.--The Secretary may provide 
     for the disclosure of information to national security 
     officials to be used solely for a national security purpose 
     in a manner that protects the confidentiality of such 
     information.
       (3) Law enforcement purposes.--The Secretary may provide 
     for the disclosure of information to law enforcement 
     officials to be used solely for a legitimate law enforcement 
     purpose in a manner that protects the confidentiality of such 
     information.
       (4) Eligibility for benefits.--The Secretary may disclose 
     information to Federal, State, and local public and private 
     agencies providing benefits, to be used solely in making 
     determinations of eligibility for benefits pursuant to 
     section 431 of the Personal Responsibility and Work 
     Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641).
       (5) Adjudication of applications for relief.--Government 
     entities adjudicating applications for relief under the 
     immigration laws and government personnel carrying out 
     mandated duties under section 101(i)(1) of the Immigration 
     and Nationality Act (8 U.S.C. 1101(i)(1)), may, with the 
     prior written consent of the noncitizen involved, communicate 
     with nonprofit, nongovernmental victims' service providers 
     for the sole purpose of assisting victims in obtaining victim 
     services from programs with expertise in working with 
     immigrant victims. Agencies receiving referrals are bound by 
     the provisions of this section. Nothing in this paragraph 
     shall be construed as affecting the ability of an applicant 
     to designate a safe organization through which Governmental 
     agencies may communicate with the applicant.
       (e) Rule of Construction.--Subsections (a), (b), and (c) 
     shall not be construed as preventing--
       (1) disclosure of information in connection with judicial 
     review of a determination in a manner that protects the 
     confidentiality of such information; or
       (2) the Secretary from disclosing to the chair and ranking 
     members of the Committee on the Judiciary of the Senate or 
     the Committee on the Judiciary of the House of 
     Representatives, for the exercise of congressional oversight 
     authority, information on closed cases under this section in 
     a manner that protects the confidentiality of such 
     information and that omits personally identifying information 
     (including locational information about individuals).

     SEC. 4805. COUNSELING RECORDS.

       (a) In General.--Subject to subsection (b), information 
     shared by an unaccompanied noncitizen child in counseling 
     sessions, and written records and notes of counseling 
     sessions, may not be shared with the child's case management 
     specialist or any other employee of the Office of Refugee 
     Resettlement, the Department of Health and Human Services, 
     the Department of Justice, or the Department of Homeland 
     Security.
       (b) Disclosure.--The information, records, and notes 
     described in subsection (a) may be shared--
       (1) with an employee described in that subsection only if 
     the child presents a documented imminent threat to himself or 
     herself or to any other individual; or
       (2) with the Department of Justice or the Department of 
     Homeland Security if the child has--
       (A) consulted with his or her legal counsel; and
       (B) provides informed consent for the disclosure.
       (c) Juvenile Information.--
       (1) In general.--Juvenile information, including records of 
     children separated from family, shall remain confidential 
     regardless of the child's immigration status.
       (2) Rule of construction.--Nothing in this division may be 
     construed as authorizing--
       (A) the disclosure of juvenile information to Federal 
     officials absent a court order of the judge of the juvenile 
     court on filing a petition;
       (B) the dissemination of juvenile information to, or by, 
     Federal officials absent a court order of the judge of the 
     juvenile court on filing a petition;
       (C) the attachment of juvenile information to any other 
     document given to, or provided by, Federal officials absent 
     prior approval of the presiding judge of the juvenile court; 
     or
       (D) any disclosure that would otherwise violate this 
     division.
       (3) Definition of juvenile information.--In this section, 
     the term ``juvenile information'' includes the juvenile case 
     file and information related to a noncitizen child (including 
     the name, date, and place of birth of the child, the child's 
     health and education records, and the immigration status of 
     the child) that is--
       (A) obtained or created independent of, or in connection 
     with, immigration, asylum, or juvenile court proceedings of 
     which the child is a subject; and
       (B) maintained by any Federal or State agency, including a 
     court, probation office, child welfare agency, or law 
     enforcement agency.

     SEC. 4806. DATA PROTECTION FOR SPONSORS.

       (a) In General.--With respect to any information required 
     of sponsors or prospective sponsors or any data collected in 
     pursuit of sponsorship, the following protections shall 
     apply:
       (1) Such information and data--
       (A) may not be disclosed for any purpose or effect other 
     than reunification of the family unit, placement of a child 
     with a sponsor, or oversight by Congress;
       (B) shall be immune from legal process; and
       (C) shall not, without the consent of the sponsor or 
     prospective sponsor concerned, be admitted as evidence or 
     used for any purpose in any action, suit, or other judicial 
     or administrative proceeding.
       (2) The Secretary or any other officer or employee of the 
     Department of Health and Human Services may not--
       (A) use such information or data for any purpose other than 
     for purposes of reunification under section 235 of the 
     William Wilberforce Trafficking Victims Protection 
     Reauthorization Act of 2008 (8 U.S.C. 1232);
       (B) make any publication in which such information or data 
     can be identified; or
       (C) permit any individual other than the sworn officers and 
     employees of the Department of Health and Human Services to 
     examine such information or data.

                   TITLE IX--MISCELLANEOUS PROVISION

     SEC. 4901. RULE OF CONSTRUCTION.

       Nothing in this division may be construed--
       (1) to limit the rights of a noncitizen child--
       (A) to preserve 1 or more issues for judicial review in the 
     appeal of an individual case; or
       (B) to exercise any independent right the noncitizen child 
     may otherwise have;
       (2) to affect the application of the Flores settlement 
     agreement to all children in immigration custody;
       (3) to abrogate, modify, or replace the Flores settlement 
     agreement; or
       (4) to preclude or limit Flores settlement agreement class 
     counsel from conducting independent investigations or seeking 
     enforcement actions relating to violations of the Flores 
     settlement agreement in any appropriate district court of the 
     United States.
                                 ______
                                 
  SA 1468. Mr. GRAHAM submitted an amendment intended to be proposed to 
amendment SA 1388 proposed by Mrs. Murray (for herself and Mr. Schumer) 
to the bill H.R. 815, to amend title 38, United States Code, to make 
certain improvements relating to the eligibility of veterans to receive 
reimbursement for emergency treatment furnished through the Veterans 
Community Care program, and for other purposes; which was ordered to 
lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. BORDER EMERGENCY AUTHORITY.

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

     ``SEC. 244A. BORDER EMERGENCY AUTHORITY.

       ``(a) Use of Authority.--
       ``(1) In general.--In order to respond to extraordinary 
     border circumstances, there shall be available to the 
     Secretary, notwithstanding any other provision of law, a 
     border emergency authority.
       ``(2) Exceptions.--The border emergency authority shall not 
     be activated with respect to any of the following:
       ``(A) A citizen or national of the United States.
       ``(B) An alien who is lawfully admitted for permanent 
     residence.
       ``(C) An alien who an immigration officer determines, with 
     the approval of a supervisory immigration officer, should be 
     excepted from the border emergency authority based on the 
     totality of the circumstances, including consideration of 
     significant law enforcement, officer and public safety, 
     humanitarian, and public health interests, or an alien who an 
     immigration officer determines, in consultation with U.S. 
     Immigration and Customs Enforcement, should be excepted from 
     the border emergency authority due to operational 
     considerations.

[[Page S636]]

       ``(D) An alien who is determined to be a victim of a severe 
     form of trafficking in persons (as defined in section 103 of 
     the Trafficking Victims Protection Act of 2000 (22 U.S.C. 
     7102)).
       ``(E) An alien who has a valid visa or other lawful 
     permission to enter the United States, including--
       ``(i) a member of the Armed Forces of the United States and 
     associated personnel, United States Government employees or 
     contractors on orders abroad, or United States Government 
     employees or contractors, and an accompanying family member 
     who is on orders or is a member of the alien's household, 
     subject to required assurances;
       ``(ii) an alien who holds a valid travel document upon 
     arrival at a port of entry;
       ``(iii) an alien from a visa waiver program country under 
     section 217 who is not otherwise subject to travel 
     restrictions and who arrives at a port of entry; or
       ``(iv) an alien who presents at a port of entry pursuant to 
     a process approved by the Secretary to allow for safe and 
     orderly entry into the United States.
       ``(3) Applicability.--The border emergency authority shall 
     only be activated as to aliens who are not subject to an 
     exception under paragraph (2), and who are, after the 
     authority is activated, within 100 miles of the United States 
     southwest land border and within the 14-day period after 
     entry.
       ``(b) Border Emergency Authority Described.--
       ``(1) In general.--Whenever the border emergency authority 
     is activated, the Secretary shall summarily remove from and 
     prohibit, in whole or in part, entry into the United States 
     of any alien identified in subsection (a)(3) who is subject 
     to such authority in accordance with this subsection.
       ``(2) Terms and conditions.--
       ``(A) Summary removal.--Notwithstanding any other provision 
     of this Act, subject to subparagraph (B), the Secretary shall 
     issue a summary removal order and summarily remove an alien 
     to the country of which the alien is a subject, national, or 
     citizen (or, in the case of an alien having no nationality, 
     the country of the alien's last habitual residence), or in 
     accordance with the processes established under section 241, 
     unless the summary removal of the alien to such country would 
     be prejudicial to the interests of the United States.
       ``(B) Withholding and convention against torture 
     interviews.--
       ``(i) In general.--In the case of an alien subject to the 
     border emergency authority who manifests a fear of 
     persecution or torture with respect to a proposed country of 
     summary removal, an asylum officer (as defined in section 
     235(b)(1)(E)) shall conduct an interview, during which the 
     asylum officer shall determine that, if such alien 
     demonstrates during the interview that the alien has a 
     reasonable possibility of persecution or torture, such alien 
     shall be referred to or placed in proceedings under section 
     240.
       ``(ii) Sole mechanism to request protection.--An interview 
     under this subparagraph conducted by an asylum officer shall 
     be the sole mechanism by which an alien described in clause 
     (i) may make a claim for protection under--

       ``(I) section 241(b)(3); and
       ``(II) the Convention Against Torture.

       ``(iii) Alien referred for additional proceedings.--In the 
     case of an alien interviewed under clause (i) who 
     demonstrates that the alien is eligible to apply for 
     protection under section 241(b)(3) or the Convention Against 
     Torture, the alien--

       ``(I) shall not be summarily removed; and
       ``(II) shall instead be processed under section 240.

       ``(iv) Additional review.--

       ``(I) Opportunity for secondary review.--A supervisory 
     asylum officer shall review any case in which the asylum 
     officer who interviewed the alien under the procedures in 
     clause (iii) finds that the alien is not eligible for 
     protection under section 241(b)(3) or the Convention Against 
     Torture.
       ``(II) Vacatur.--If, in conducting such a secondary review, 
     the supervisory asylum officer determines that the alien 
     demonstrates eligibility for such protection--

       ``(aa) the supervisory asylum officer shall vacate the 
     previous negative determination; and
       ``(bb) the alien shall instead be processed under section 
     240.

       ``(III) Summary removal.--If an alien does not seek such a 
     secondary review, or if the supervisory asylum officer finds 
     that such alien is not eligible for such protection, the 
     supervisory asylum officer shall order the alien summarily 
     removed without further review.

       ``(3) Activations of authority.--
       ``(A) Discretionary activation.--The Secretary may activate 
     the border emergency authority if, during a period of 7 
     consecutive calendar days, there is an average of 100 or more 
     aliens who are encountered each day.
       ``(B) Mandatory activation.--The Secretary shall activate 
     the border emergency authority if--
       ``(i) during a period of 7 consecutive calendar days, there 
     is an average of 1,000 or more aliens who are encountered 
     each day; or
       ``(ii) on any 1 calendar day, a combined total of 2,000 or 
     more aliens are encountered.
       ``(C) Calculation of activation.--For purposes of 
     subparagraphs (A) and (B), the average for the applicable 7-
     day period shall be calculated using--
       ``(i) the sum of--

       ``(I) the number of encounters that occur between the 
     southwest land border ports of entry of the United States;
       ``(II) the number of encounters that occur between the 
     ports of entry along the southern coastal borders; and
       ``(III) the number of inadmissible aliens encountered at a 
     southwest land border port of entry as described in 
     subsection (a)(2)(E)(iv); divided by

       ``(ii) 7.
       ``(c) Bar to Admission.--Any alien who, during a period of 
     365 days, has 2 or more summary removals pursuant to the 
     border emergency authority, shall be inadmissible for a 
     period of 1 year beginning on the date of the alien's most 
     recent summary removal.
       ``(d) Rule of Construction.--For purposes of the Convention 
     Relating to the Status of Refugees, done at Geneva July 28, 
     1952 (as made applicable by the 1967 Protocol Relating to the 
     Status of Refugees, done at New York January 31, 1967 (19 UST 
     6223)), the Convention Against Torture, and any other 
     applicable treaty, as applied to this section, the interview 
     under this section shall occur only in the context of the 
     border emergency authority.
       ``(e) Judicial Review.--Judicial review of any decision or 
     action applying the border emergency authority shall be 
     governed only by this subsection as follows:
       ``(1) Notwithstanding any other provision of law, except as 
     provided in paragraph (2), no court or judge shall have 
     jurisdiction to review any cause or claim by an individual 
     alien arising from the decision to enter a summary removal 
     order against such alien under this section, or removing such 
     alien pursuant to such summary removal order.
       ``(2) The United States District Court for the Southern 
     District of Texas shall have sole and original jurisdiction 
     to hear challenges, whether constitutional or otherwise, to 
     the validity of this section or any written policy directive, 
     written policy guideline, written procedure, or the 
     implementation thereof, issued by or under the authority of 
     the Secretary to implement this section.
       ``(f) Effective Date.--
       ``(1) In general.--This section shall take effect on the 
     day after the date of the enactment of this section.
       ``(2) 7-day period.--The initial activation of the 
     authority under subparagraph (A) or (B)(i) of subsection 
     (b)(3) shall take into account the average number of 
     encounters during the preceding 7 consecutive calendar days, 
     as described in such subparagraphs, which may include the 6 
     consecutive calendar days immediately preceding the date of 
     the enactment of this section.
       ``(g) Rulemaking.--
       ``(1) In general.--The Secretary may promulgate such 
     regulations as are necessary to implement this section in 
     compliance with the requirements of section 553 of title 5, 
     United States Code.
       ``(2) Initial implementation.--Until the date that is 180 
     days after the date of the enactment of this section, the 
     Secretary may issue any interim final rules necessary to 
     implement this section without having to satisfy the 
     requirements of section 553(b)(B) of title 5, United States 
     Code, provided that any such interim final rules shall 
     include a 30-day post promulgation notice and comment period 
     prior to finalization in the Federal Register.
       ``(3) Requirement.--All regulations promulgated to 
     implement this section beginning on the date that is 180 days 
     after the date of the enactment of this section shall be 
     issued pursuant to the requirements set forth in section 553 
     of title 5, United States Code.
       ``(h) Definitions.--In this section:
       ``(1) Border emergency authority.--The term `border 
     emergency authority' means all authorities and procedures 
     under this section.
       ``(2) Convention against torture.--The term `Convention 
     Against Torture' means the Convention against Torture and 
     Other Cruel, Inhuman or Degrading Treatment or Punishment, 
     done at New York December 10, 1984, and includes the 
     regulations implementing any law enacted pursuant to Article 
     3 of the Convention against Torture and Other Cruel, Inhuman 
     or Degrading Treatment or Punishment, done at New York 
     December 10, 1984.
       ``(3) Encounter.--With respect to an alien, the term 
     `encounter' means an alien who--
       ``(A) is physically apprehended by U.S. Customs and Border 
     Protection personnel--
       ``(i) within 100 miles of the southwest land border of the 
     United States during the 14-day period immediately after 
     entry between ports of entry; or
       ``(ii) at the southern coastal borders during the 14-day 
     period immediately after entry between ports of entry; or
       ``(B) is seeking admission at a southwest land border port 
     of entry and is determined to be inadmissible, including an 
     alien who utilizes a process approved by the Secretary to 
     allow for safe and orderly entry into the United States.
       ``(4) Secretary.--The term `Secretary' means the Secretary 
     of Homeland Security.
       ``(5) Southern coastal borders.--The term `southern coastal 
     borders' means all maritime borders in California, Texas, 
     Louisiana, Mississippi, Alabama, and Florida.''.
       (b) Clerical Amendment.--The table of contents of the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
     amended by inserting after the item relating to section 244 
     the following:

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

[[Page S637]]

  

                                 ______
                                 
  SA 1469. Mr. GRAHAM submitted an amendment intended to be proposed to 
amendment SA 1388 proposed by Mrs. Murray (for herself and Mr. Schumer) 
to the bill H.R. 815, to amend title 38, United States Code, to make 
certain improvements relating to the eligibility of veterans to receive 
reimbursement for emergency treatment furnished through the Veterans 
Community Care program, and for other purposes; which was ordered to 
lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. MAXIMUM NUMBER OF PAROLEES.

       Section 212(d)(5) of the Immigration and Nationality Act (8 
     U.S.C. 1182(d)(5)) is amended--
       (1) by striking ``Attorney General'' each place it appears 
     and inserting ``Secretary of Homeland Security''; and
       (2) by adding at the end the following:
       ``(C) The number of aliens the Secretary of Homeland 
     Security may parole into the United States under this 
     subsection shall not exceed a total of 10,000 during a single 
     fiscal year.''.
                                 ______
                                 
  SA 1470. Mr. GRAHAM submitted an amendment intended to be proposed to 
amendment SA 1388 submitted and intended to be proposed by Mrs. Murray 
(for herself and Mr. Schumer) to the bill H.R. 815, to amend title 38, 
United States Code, to make certain improvements relating to the 
eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. PROVISIONAL REMOVAL PROCEEDINGS.

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

     ``SEC. 235B. PROVISIONAL REMOVAL PROCEEDINGS.

       ``(a) General Rules.--
       ``(1) Authority.--The Secretary shall have the authority to 
     place individuals, including families, in provisional removal 
     proceedings.
       ``(2) Detention.--Individuals and families subject to 
     provisional removal proceedings shall be detained.
       ``(3) Timing.--The provisional removal proceedings 
     described in this section shall conclude, to the maximum 
     extent practicable, not later than 90 days after the date the 
     alien is inspected and determined inadmissible.
       ``(b) Procedures for Provisional Removal Proceedings.--
       ``(1) Commencement.--
       ``(A) In general.--Provisional removal proceedings shall 
     commence under this section with respect to an alien 
     immediately after the Secretary properly serves a notice of 
     removal proceedings on the alien.
       ``(B) 90-day timeframe.--The 90-day period under subsection 
     (a)(3) with respect to an alien shall commence upon an 
     inspection and inadmissibility determination of the alien.
       ``(2) Service and notice of interview requirements.--In 
     provisional removal proceedings conducted under this section, 
     the Secretary shall--
       ``(A) serve notice to the alien or to the alien's counsel 
     of record;
       ``(B) ensure that such notice, to the maximum extent 
     practicable, is in the alien's native language or in a 
     language the alien understands; and
       ``(C) include in such notice--
       ``(i) the nature of the proceedings against the alien;
       ``(ii) the legal authority under which such proceedings 
     will be conducted; and
       ``(iii) the charges against the alien and the statutory 
     provisions the alien is alleged to have violated;
       ``(3) Protection determination.--
       ``(A) In general.--To the maximum extent practicable, 
     within 90 days after the date on which an alien is referred 
     for proceedings under this section, an asylum officer shall 
     conduct a protection determination of such alien in person or 
     through a technology appropriate for protection 
     determinations.
       ``(B) Procedures and evidence.--The asylum officer may 
     receive into evidence any oral or written statement that is 
     material and relevant to any matter in the protection 
     determination. The testimony of the alien shall be under oath 
     or affirmation administered by the asylum officer.
       ``(C) Interpreters.--Whenever necessary, the asylum officer 
     shall procure the assistance of an interpreter, to the 
     maximum extent practicable, in the alien's native language or 
     in a language the alien understands, during any protection 
     determination.
       ``(D) Location.--Any protection determination authorized 
     under this section shall occur in a location convention to 
     the detention of the aliens.
       ``(E) Written record.--The asylum officer shall prepare a 
     written record of each protection determination, which--
       ``(i) shall be provided to the alien, or to the alien's 
     counsel of record, upon a decision; and
       ``(ii) shall include--

       ``(I) a summary of the material facts stated by the alien;
       ``(II) any additional facts relied upon by the asylum 
     officer;
       ``(III) the asylum officer's analysis of why, in the light 
     of the facts referred to in subclauses (I) and (II), the 
     alien has or has not established a positive or negative 
     outcome from the protection determination; and
       ``(IV) a copy of the asylum officer's interview notes.

       ``(F) Withdrawal of application, voluntary departure, and 
     voluntary repatriation.--
       ``(i) Voluntary departure.--The Secretary may permit an 
     alien to voluntarily depart.
       ``(ii) Withdrawal of application.--The Secretary may permit 
     an alien, at any time before the protection merits interview, 
     to withdraw his or her application and depart immediately 
     from the United States.
       ``(G) Conversion to removal proceedings under section 
     240.--The asylum officer or immigration officer may refer or 
     place an alien into removal proceedings under section 240 by 
     issuing a notice to appear for the purpose of initiating such 
     proceedings if either such officer determines that--
       ``(i) such proceedings are required in order to permit the 
     alien to seek an immigration benefit for which the alien is 
     legally entitled to apply; and
       ``(ii) such application requires such alien to be placed 
     in, or referred to proceedings under section 240 that are not 
     available to such alien under this section.
       ``(H) Protection of information.--
       ``(i) Sensitive or law enforcement information.--Nothing in 
     this section may be construed to compel any employee of the 
     Department of Homeland Security to disclose any information 
     that is otherwise protected from disclosure by law.
       ``(ii) Protection of certain information.--Before providing 
     the record described in subparagraph (E) to the alien or to 
     the alien's counsel of record, the Director shall protect any 
     information that is prohibited by law from being disclosed.
       ``(c) Protection Determination.--
       ``(1) Identity verification.--The Secretary may not conduct 
     the protection determination with respect to an alien until 
     the identity of the alien has been checked against all 
     appropriate records and databases maintained by the Attorney 
     General, the Secretary of State, or the Secretary.
       ``(2) In general.--
       ``(A) Eligibility.--Upon the establishing the identity of 
     an alien pursuant to paragraph (1), the asylum officer shall 
     conduct a protection determination in a location selected in 
     accordance with this section.
       ``(B) Outcome.--
       ``(i) Positive protection determination outcome.--If the 
     protection determination conducted pursuant to subparagraph 
     (A) results in a positive protection determination outcome, 
     the alien shall be referred to protection merits removal 
     proceedings in accordance with the procedures described in 
     paragraph (4).
       ``(ii) Negative protection determination outcome.--If such 
     protection determination results in a negative protection 
     determination outcome, the alien shall be subject to the 
     process described in subsection (d).
       ``(3) Record.--
       ``(A) Use of record.--In each protection determination, or 
     any review of such determination, the record of the alien's 
     protection determination required under subsection (b)(3)(E) 
     shall constitute the underlying application for the alien's 
     application for asylum, withholding of removal under section 
     241(b)(3), or protection under the Convention Against Torture 
     for purposes of the protection merits interview.
       ``(B) Date of filing.--The date on which the Secretary 
     issues a notification of a positive protection determination 
     pursuant to paragraph (2)(B)(i) shall be considered, for all 
     purposes, the date of filing and the date of receipt of the 
     alien's application for asylum, withholding of removal under 
     section 241(b)(3), or protection under the Convention Against 
     Torture, as applicable.
       ``(4) Referral for asylum proceedings.--
       ``(A) In general.--If the alien receives a positive 
     protection determination, he or she shall be referred to 
     asylum proceedings under section 240.
       ``(B) Notifications.--As soon as practicable after a 
     positive protection determination, the Secretary shall--
       ``(i) issue a written notification to the alien of the 
     outcome of such determination; and
       ``(ii) include all of the information described in 
     subsection (b)(2).
       ``(d) Negative Protection Determination.--
       ``(1) In general.--If an alien receives a negative 
     protection determination, the asylum officer shall--
       ``(A) provide such alien with written notification of such 
     determination; and
       ``(B) subject to paragraph (2), order the alien removed 
     from the United States without hearing or review.
       ``(2) Opportunity to request reconsideration or appeal.--
     The Secretary shall notify any alien described in paragraph 
     (1) immediately after receiving notification of a negative 
     protection determination under this subsection that he or 
     she--
       ``(A) may request reconsideration of such determination in 
     accordance with paragraph (3); and

[[Page S638]]

       ``(B) may request administrative review of such protection 
     determination decision in accordance with paragraph (4).
       ``(3) Request for reconsideration.--
       ``(A) In general.--Any alien with respect to whom a 
     negative protection determination has been made may submit a 
     request for reconsideration to U.S. Citizenship and 
     Immigration Services not later than 5 days after such 
     determination.
       ``(B) Decision.--The Director, or designee, in the 
     Director's unreviewable discretion, may grant or deny a 
     request for reconsideration made pursuant to subparagraph 
     (A), which decision shall not be subject to review.
       ``(4) Administrative review.--
       ``(A) In general.--The administrative review of a 
     protection determination with respect to an alien under this 
     subsection shall be at the discretion of the Secretary.
       ``(B) Exception.--An alien referred to in subparagraph (A), 
     or the alien's counsel of record, may submit such additional 
     evidence or testimony in accordance with such policies and 
     procedures as the Secretary may prescribe.
       ``(C) Review.--Each review described in subparagraph (A) 
     may be conducted by asylum officers so designated by the 
     Secretary at the discretion of the Secretary.
       ``(D) Standard of review.--In accordance with the 
     procedures prescribed by the Secretary, a review of the 
     record of the protection determination carried out pursuant 
     to this section may be undertaken for clear error.
       ``(E) Determination.--
       ``(i) Timing.--The Secretary shall complete a review under 
     this paragraph, to the maximum extent practicable, not later 
     than 72 hours after receiving a request from an alien 
     pursuant to subparagraph (D).
       ``(ii) Effect of positive determination.--If, after 
     conducting a review under this paragraph, the Secretary 
     determines that an alien has a positive protection 
     determination, the alien shall be referred for asylum 
     proceedings under section 240.
       ``(iii) Effect of negative determination.--If, after 
     conducting a review under this paragraph, the Secretary 
     determines that an alien has a negative protection 
     determination, the alien shall be ordered removed from the 
     United States without additional review.
       ``(5) Jurisdictional matters.--In any action brought 
     against an alien under section 275(a) or 276, the court shall 
     not have jurisdiction to hear any claim attacking the 
     validity of an order of removal entered under this section.
       ``(e) Service of Protection Determination Decision.--
       ``(1) Protection determination decision.--
       ``(A) In general.--Upon reaching a decision regarding a 
     protection determination, the Secretary shall--
       ``(i) immediately notify the alien, and the alien's counsel 
     of record, if applicable, that a determination decision has 
     been made; and
       ``(ii) schedule the service of the protection determination 
     decision, which shall take place, to the maximum extent 
     practicable, not later than 5 days after such notification.
       ``(B) Special rules.--
       ``(i) Location.--Each service of a protection determination 
     decision scheduled pursuant to subparagraph (A)(ii) may occur 
     at--

       ``(I) a U.S. Immigration and Customs Enforcement facility;
       ``(II) an Immigration Court; or
       ``(III) any other federally owned or federally leased 
     building that--

       ``(aa) the Secretary has authorized or entered into a 
     memorandum of agreement to be used for such purpose; and
       ``(bb) meets the minimum requirements under this 
     subparagraph.
       ``(ii) Minimum requirements.--In conducting each service of 
     a protection determination decision, the Director shall 
     ensure basic notice.
       ``(2) Procedures for service of protection determination 
     decisions.--
       ``(A) Written decision.--The Secretary shall ensure that 
     each alien and the alien's counsel of record, if applicable, 
     attending a determination decision receives a written 
     decision that includes, at a minimum, the articulated basis 
     for the denial of the protection benefit sought by the alien.
       ``(B) Language access.--The Secretary shall ensure that 
     each written decision required under subparagraph (A) is 
     delivered to the alien in--
       ``(i) the alien's native language, to the maximum extent 
     practicable; or
       ``(ii) another language the alien understands.
       ``(C) Access to counsel.--An alien who has obtained the 
     services of counsel shall be represented by such counsel, at 
     no expense to the Federal Government, at the service of the 
     protection determination. Nothing in this subparagraph may be 
     construed to create a substantive due process right or to 
     unreasonably delay the scheduling of the service of the 
     protection determination.
       ``(D) Asylum officer.--A protection determination decision 
     may only be served by an asylum officer.
       ``(E) Protections for asylum officer decisions based on the 
     merits of the case.--The Secretary may not impose 
     restrictions on an asylum officer's ability to grant or deny 
     relief sought by an alien in a protection determination or 
     protection merits interview based on a numerical limitation.
       ``(3) Negative protection determination.--
       ``(A) Advisement of rights and opportunities.--If an alien 
     receives a negative protection determination decision, the 
     asylum officer shall--
       ``(i) advise the alien if an alternative option of return 
     is available to the alien, including--

       ``(I) voluntary departure;
       ``(II) withdrawal of the alien's application for admission; 
     or
       ``(III) voluntary repatriation; and

       ``(ii) provide written or verbal information to the alien 
     regarding the process, procedures, and timelines for 
     appealing such denial, to the maximum extent practicable, in 
     the alien's native language, or in a language the alien 
     understands.
       ``(4) Protection for children.--In the case of a family 
     unit, the Secretary shall ensure that the best interests of 
     the child or children are considered when conducting a 
     protection determination of the child's family unit.
       ``(5) Final order of removal.--If an alien receives a 
     negative protection determination decision, an alien shall be 
     removed in accordance with section 241 upon a final order of 
     removal.
       ``(f) Rulemaking.--
       ``(1) In general.--The Secretary may promulgate such 
     regulations as are necessary to implement this section in 
     compliance with the requirements of section 553 of title 5, 
     United States Code.
       ``(2) Initial implementation.--Until the date that is 180 
     days after the date of the enactment of this section, the 
     Secretary may issue any interim final rules necessary to 
     implement this section without having to satisfy the 
     requirements of section 553(b)(B) of title 5, United States 
     Code, provided that any such interim final rules shall 
     include a 30-day post promulgation notice and comment period 
     prior to finalization in the Federal Register.
       ``(3) Requirement.--All regulations promulgated to 
     implement this section beginning on the date that is 180 days 
     after the date of the enactment of this section, shall be 
     issued pursuant to the requirements set forth in section 553 
     of title 5, United States Code.
       ``(g) Savings Provisions.--
       ``(1) Detention.--Nothing in this section may be construed 
     to affect the authority of the Secretary to detain an alien 
     released pursuant to this section if otherwise authorized by 
     law.
       ``(2) Special rule.--For aliens who are natives or citizens 
     of Cuba released pursuant to this section and who are 
     otherwise eligible for adjustment of status under the first 
     section of Public Law 89-732 (8 U.S.C. 1255 note) (commonly 
     known as the `Cuban Adjustment Act'), the requirement that an 
     alien has been inspected and admitted or paroled into the 
     United States shall not apply. Aliens who are natives or 
     citizens of Cuba or Haiti and have been released pursuant to 
     section 240 (8 U.S.C. 1229) shall be considered to be 
     individuals described in section 501(e)(1) of the Refugee 
     Education Assistance Act of 1980 (8 U.S.C. 1522 note).
       ``(3) Review of protection determinations.--Except for 
     reviews of constitutional claims, no court shall have 
     jurisdiction to review a protection determination issued by 
     U.S. Citizenship and Immigration Services under this section.
       ``(4) Final removal orders.--No court shall have 
     jurisdiction to review a final order of removal issued under 
     this section.
       ``(h) Judicial Review.--Notwithstanding any other provision 
     of this Act, judicial review of any decision or action in 
     this section shall be governed only by the United States 
     District Court for the Northern District of Texas, which 
     shall have sole and original jurisdiction to hear challenges, 
     whether constitutional or otherwise, to the validity of this 
     section or any written policy directive, written policy 
     guideline, written procedure, or the implementation thereof, 
     issued by or under the authority of the Secretary to 
     implement this section.
       ``(i) Definitions.--In this section:
       ``(1) Asylum officer.--The term `asylum officer' has the 
     meaning given such term in section 235(b)(1)(E).
       ``(2) Convention against torture.--The term `Convention 
     Against Torture' means the United Nations Convention Against 
     Torture and Other Cruel, Inhuman or Degrading Treatment or 
     Punishment, done at New York December 10, 1984, including any 
     implementing regulations.
       ``(3) Director.--The term `Director' means the Director of 
     U.S. Citizenship and Immigration Services.
       ``(4) Final order of removal.--The term `final order of 
     removal' means an order of removal made by an asylum officer 
     at the conclusion of a protection determination, and any 
     appeal of such order, as applicable.
       ``(5) Protection determination decision.--The term 
     `protection determination decision' means the service of a 
     negative or positive protection determination outcome.
       ``(6) Secretary.--The term `Secretary' means the Secretary 
     of Homeland Security.''.
       (b) Clerical Amendment.--The table of contents of the 
     Immigration and Nationality Act (8 U.S.C. 1101 note) is 
     amended by inserting after the item relating to section 235A 
     the following:
``Sec. 235B. Provisional removal proceedings.''.
                                 ______
                                 
  SA 1471. Mr. HAWLEY (for himself, Mr. Lujan, Mr. Crapo, Mr. Schmitt, 
Mr. Heinrich, and Mr. Kelly) submitted an amendment intended to be

[[Page S639]]

proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be to the bill H.R. 815, to amend title 
38, United States Code, to make certain improvements relating to the 
eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

            DIVISION C--RADIATION EXPOSURE COMPENSATION ACT

                    TITLE I--MANHATTAN PROJECT WASTE

     SEC. 4001. SHORT TITLE.

       (a) Short Title.--This title may be cited as the 
     ``Radiation Exposure Compensation Expansion Act''.

     SEC. 4002. CLAIMS RELATING TO MANHATTAN PROJECT WASTE.

       The Radiation Exposure Compensation Act (Public Law 101-
     426; 42 U.S.C. 2210 note) is amended by inserting after 
     section 5 the following:

     ``SEC. 5A. CLAIMS RELATING TO MANHATTAN PROJECT WASTE.

       ``(a) In General.--A claimant shall receive compensation 
     for a claim made under this Act, as described in subsection 
     (b) or (c), if--
       ``(1) a claim for compensation is filed with the Attorney 
     General--
       ``(A) by an individual described in paragraph (2); or
       ``(B) on behalf of that individual by an authorized agent 
     of that individual, if the individual is deceased or 
     incapacitated, such as--
       ``(i) an executor of estate of that individual; or
       ``(ii) a legal guardian or conservator of that individual;
       ``(2) that individual, or if applicable, an authorized 
     agent of that individual, demonstrates that the individual--
       ``(A) was physically present in an affected area for a 
     period of at least 2 years after January 1, 1949; and
       ``(B) contracted a specified disease after such period of 
     physical presence;
       ``(3) the Attorney General certifies that the identity of 
     that individual, and if applicable, the authorized agent of 
     that individual, is not fraudulent or otherwise 
     misrepresented; and
       ``(4) the Attorney General determines that the claimant has 
     satisfied the applicable requirements of this Act.
       ``(b) Losses Available to Living Affected Individuals.--
       ``(1) In general.--In the event of a claim qualifying for 
     compensation under subsection (a) that is submitted to the 
     Attorney General to be eligible for compensation under this 
     section at a time when the individual described in subsection 
     (a)(2) is living, the amount of compensation under this 
     section shall be in an amount that is the greater of $50,000 
     or the total amount of compensation for which the individual 
     is eligible under paragraph (2).
       ``(2) Losses due to medical expenses.--A claimant described 
     in paragraph (1) shall be eligible to receive, upon 
     submission of contemporaneous written medical records, 
     reports, or billing statements created by or at the direction 
     of a licensed medical professional who provided 
     contemporaneous medical care to the claimant, additional 
     compensation in the amount of all documented out-of-pocket 
     medical expenses incurred as a result of the specified 
     disease suffered by that claimant, such as any medical 
     expenses not covered, paid for, or reimbursed through--
       ``(A) any public or private health insurance;
       ``(B) any employee health insurance;
       ``(C) any workers' compensation program; or
       ``(D) any other public, private, or employee health program 
     or benefit.
       ``(c) Payments to Beneficiaries of Deceased Individuals.--
     In the event that an individual described in subsection 
     (a)(2) who qualifies for compensation under subsection (a) is 
     deceased at the time of submission of the claim--
       ``(1) a surviving spouse may, upon submission of a claim 
     and records sufficient to satisfy the requirements of 
     subsection (a) with respect to the deceased individual, 
     receive compensation in the amount of $25,000; or
       ``(2) in the event that there is no surviving spouse, the 
     surviving children, minor or otherwise, of the deceased 
     individual may, upon submission of a claim and records 
     sufficient to satisfy the requirements of subsection (a) with 
     respect to the deceased individual, receive compensation in 
     the total amount of $25,000, paid in equal shares to each 
     surviving child.
       ``(d) Affected Area.--For purposes of this section, the 
     term `affected area' means--
       ``(1) in the State of Missouri, the ZIP Codes of 63031, 
     63033, 63034, 63042, 63045, 63074, 63114, 63135, 63138, 
     63044, 63121, 63140, 63145, 63147, 63102, 63304, 63134, 
     63043, 63341, 63368, and 63367;
       ``(2) in the State of Tennessee, the ZIP Codes of 37732, 
     37755, 37756, 37841, 37847, 37852, 37872, 37892, 37714, 
     37715, 37729, 37757, 37762, 37766, 37769, 37819, 37847, 
     37870, 37719, 37726, 37733, 37748, 37770, 37829, 37845, 
     37849, 37931, 37779, 37807, 37866, 37709, 37721, 37754, 
     37764, 37806, 37853, 37871, 37901, 37902, 37909, 37912, 
     37914, 37915, 37916, 37917, 37918, 37919, 37920, 37921, 
     37922, 37923, 37924, 37927, 37928, 37929, 37930, 37932, 
     37933, 37934, 37938, 37939, 37940, 37950, 37995, 37996, 
     37997, 37998, 37337, 37367, 37723, 37854, 38555, 38557, 
     38558, 38571, 38572, 38574, 38578, 38583, 37763, 37771, 
     37774, 37830, 37840, 37846, 37874, 37321, 37332, 37338, 
     37381, 37742, 37772, 37846, 37322, 37336, and 37880;
       ``(3) in the State of Alaska, the ZIP Codes of 99546 and 
     99547; and
       ``(4) in the State of Kentucky, the ZIP Codes of 42001, 
     42003, and 42086.
       ``(e) Specified Disease.--For purposes of this section, the 
     term `specified disease' means any of the following:
       ``(1) Any leukemia, other than chronic lymphocytic 
     leukemia, provided that the initial exposure occurred after 
     the age of 20 and the onset of the disease was at least 2 
     years after first exposure.
       ``(2) Any of the following diseases, provided that the 
     onset was at least 2 years after the initial exposure:
       ``(A) Multiple myeloma.
       ``(B) Lymphoma, other than Hodgkin's disease.
       ``(C) Primary cancer of the--
       ``(i) thyroid;
       ``(ii) male or female breast;
       ``(iii) esophagus;
       ``(iv) stomach;
       ``(v) pharynx;
       ``(vi) small intestine;
       ``(vii) pancreas;
       ``(viii) bile ducts;
       ``(ix) gall bladder;
       ``(x) salivary gland;
       ``(xi) urinary bladder;
       ``(xii) brain;
       ``(xiii) colon;
       ``(xiv) ovary;
       ``(xv) liver, except if cirrhosis or hepatitis B is 
     indicated; or
       ``(xvi) lung.
       ``(f) Physical Presence.--
       ``(1) In general.--For purposes of this section, the 
     Attorney General shall not determine that a claimant has 
     satisfied the requirements of subsection (a) unless 
     demonstrated by submission of--
       ``(A) contemporaneous written residential documentation and 
     at least 1 additional employer-issued or government-issued 
     document or record that the claimant, for at least 2 years 
     after January 1, 1949, was physically present in an affected 
     area; or
       ``(B) other documentation determined by the Attorney 
     General to demonstrate that the claimant, for at least 2 
     years after January 1, 1949, was physically present in an 
     affected area.
       ``(2) Types of physical presence.--For purposes of 
     determining physical presence under this section, a claimant 
     shall be considered to have been physically present in an 
     affected area if--
       ``(A) the claimant's primary residence was in the affected 
     area;
       ``(B) the claimant's place of employment was in the 
     affected area; or
       ``(C) the claimant attended school in the affected area.
       ``(g) Disease Contraction in Affected Areas.--For purposes 
     of this section, the Attorney General shall not determine 
     that a claimant has satisfied the requirements of subsection 
     (a) unless the claimant submits--
       ``(1) written medical records or reports created by or at 
     the direction of a licensed medical professional, created 
     contemporaneously with the provision of medical care to the 
     claimant, that the claimant, after a period of physical 
     presence in an affected area, contracted a specified disease; 
     or
       ``(2) other documentation determined by the Attorney 
     General to demonstrate that the claimant contracted a 
     specified disease after a period of physical presence in an 
     affected area.''.

     SEC. 4003. COOPERATIVE AGREEMENT.

       (a) In General.--Not later than September 30, 2024, the 
     Secretary of Energy, acting through the Director of the 
     Office of Legacy Management, shall award to an eligible 
     association a cooperative agreement to support the 
     safeguarding of human and ecological health at the Amchitka, 
     Alaska, Site.
       (b) Requirements.--A cooperative agreement awarded under 
     subsection (a)--
       (1) may be used to fund--
       (A) research and development that will improve and focus 
     long-term surveillance and monitoring of the site;
       (B) workforce development at the site; and
       (C) such other activities as the Secretary considers 
     appropriate; and
       (2) shall require that the eligible association--
       (A) engage in stakeholder engagement; and
       (B) to the greatest extent practicable, incorporate 
     Indigenous knowledge and the participation of local Indian 
     Tribes in research and development and workforce development 
     activities.
       (c) Definitions.--In this section:
       (1) Eligible association.--The term ``eligible 
     association'' means an association of 2 or more of the 
     following:
       (A) An institution of higher education (as that term is 
     defined in section 101(a) of the Higher Education Act of 1965 
     (20 U.S.C. 1001(a))) located in the State of Alaska.
       (B) An agency of the State of Alaska.
       (C) A local Indian Tribe.
       (D) An organization--
       (i) described in section 501(c)(3) of the Internal Revenue 
     Code of 1986 and exempt from taxation under section 501(a) of 
     such Code; and
       (ii) located in the State of Alaska.
       (2) Local indian tribe.--The term ``local Indian Tribe'' 
     means an Indian tribe (as that term is defined in section 4 
     of the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 5304)) that is located in the Aleut Region of the 
     State of Alaska.

[[Page S640]]

  


     TITLE II-- COMPENSATION FOR WORKERS INVOLVED IN URANIUM MINING

     SEC. 4101. SHORT TITLE.

       This title may be cited as the ``Radiation Exposure 
     Compensation Act Amendments of 2024''.

     SEC. 4102. REFERENCES.

       Except as otherwise specifically provided, whenever in this 
     title an amendment or repeal is expressed in terms of an 
     amendment to or repeal of a section or other provision of 
     law, the reference shall be considered to be made to a 
     section or other provision of the Radiation Exposure 
     Compensation Act (Public Law 101-426; 42 U.S.C. 2210 note).

     SEC. 4103. EXTENSION OF FUND.

       Section 3(d) is amended--
       (1) by striking the first sentence and inserting ``The Fund 
     shall terminate 19 years after the date of the enactment of 
     the Radiation Exposure Compensation Act Amendments of 
     2024.''; and
       (2) by striking ``2-year'' and inserting ``19-year''.

     SEC. 4104. CLAIMS RELATING TO ATMOSPHERIC TESTING.

       (a) Leukemia Claims Relating to Trinity Test in New Mexico 
     and Tests at the Nevada Site and in the Pacific.--Section 
     4(a)(1)(A) is amended--
       (1) in clause (i)--
       (A) in subclause (I), by striking ``October 31, 1958'' and 
     inserting ``November 6, 1962'';
       (B) in subclause (II)--
       (i) by striking ``in the affected area'' and inserting ``in 
     an affected area''; and
       (ii) by striking ``or'' after the semicolon;
       (C) by redesignating subclause (III) as subclause (V); and
       (D) by inserting after subclause (II) the following:
       ``(III) was physically present in an affected area for a 
     period of at least 1 year during the period beginning on 
     September 24, 1944, and ending on November 6, 1962;
       ``(IV) was physically present in an affected area--

       ``(aa) for a period of at least 1 year during the period 
     beginning on July 1, 1946, and ending on November 6, 1962; or
       ``(bb) for the period beginning on April 25, 1962, and 
     ending on November 6, 1962; or''; and

       (2) in clause (ii)(I), by striking ``physical presence 
     described in subclause (I) or (II) of clause (i) or onsite 
     participation described in clause (i)(III)'' and inserting 
     ``physical presence described in subclause (I), (II), (III), 
     or (IV) of clause (i) or onsite participation described in 
     clause (i)(V)''.
       (b) Amounts for Claims Related to Leukemia.--Section 
     4(a)(1) is amended--
       (1) in subparagraph (A), by striking ``an amount'' and 
     inserting ``the amount''; and
       (2) by striking subparagraph (B) and inserting the 
     following:
       ``(B) Amount.--If the conditions described in subparagraph 
     (C) are met, an individual who is described in subparagraph 
     (A) shall receive $150,000.''.
       (c) Conditions for Claims Related to Leukemia.--Section 
     4(a)(1)(C) is amended--
       (1) by striking clause (i); and
       (2) by redesignating clauses (ii) and (iii) as clauses (i) 
     and (ii), respectively.
       (d) Specified Diseases Claims Relating to Trinity Test in 
     New Mexico and Tests at the Nevada Site and in the Pacific.--
     Section 4(a)(2) is amended--
       (1) in subparagraph (A)--
       (A) by striking ``in the affected area'' and inserting ``in 
     an affected area'';
       (B) by striking ``2 years'' and inserting ``1 year''; and
       (C) by striking ``October 31, 1958'' and inserting 
     ``November 6, 1962'';
       (2) in subparagraph (B)--
       (A) by striking ``in the affected area'' and inserting ``in 
     an affected area''; and
       (B) by striking ``or'' at the end;
       (3) by redesignating subparagraph (C) as subparagraph (E); 
     and
       (4) by inserting after subparagraph (B) the following:
       ``(C) was physically present in an affected area for a 
     period of at least 1 year during the period beginning on 
     September 24, 1944, and ending on November 6, 1962;
       ``(D) was physically present in an affected area--
       ``(i) for a period of at least 1 year during the period 
     beginning on July 1, 1946, and ending on November 6, 1962; or
       ``(ii) for the period beginning on April 25, 1962, and 
     ending on November 6, 1962; or''.
       (e) Amounts for Claims Related to Specified Diseases.--
     Section 4(a)(2) is amended in the matter following 
     subparagraph (E) (as redesignated by subsection (d) of this 
     section) by striking ``$50,000 (in the case of an individual 
     described in subparagraph (A) or (B)) or $75,000 (in the case 
     of an individual described in subparagraph (C)),'' and 
     inserting ``$150,000''.
       (f) Medical Benefits.--Section 4(a) is amended by adding at 
     the end the following:
       ``(5) Medical benefits.--An individual receiving a payment 
     under this section shall be eligible to receive medical 
     benefits in the same manner and to the same extent as an 
     individual eligible to receive medical benefits under section 
     3629 of the Energy Employees Occupational Illness 
     Compensation Program Act of 2000 (42 U.S.C. 7384t).''.
       (g) Downwind States.--Section 4(b)(1) is amended to read as 
     follows:
       ``(1) `affected area' means--
       ``(A) except as provided under subparagraphs (B) and (C), 
     Arizona, Colorado, Idaho, Montana, Nevada, New Mexico, Utah, 
     and Guam;
       ``(B) with respect to a claim by an individual under 
     subsection (a)(1)(A)(i)(III) or subsection (a)(2)(C), only 
     New Mexico; and
       ``(C) with respect to a claim by an individual under 
     subsection (a)(1)(A)(i)(IV) or subsection (a)(2)(D), only 
     Guam.''.
       (h) Chronic Lymphocytic Leukemia as a Specified Disease.--
     Section 4(b)(2) is amended by striking ``other than chronic 
     lymphocytic leukemia'' and inserting ``including chronic 
     lymphocytic leukemia''.

     SEC. 4105. CLAIMS RELATING TO URANIUM MINING.

       (a) Employees of Mines and Mills.--Section 5(a)(1)(A)(i) is 
     amended--
       (1) by inserting ``(I)'' after ``(i)'';
       (2) by striking ``December 31, 1971; and'' and inserting 
     ``December 31, 1990; or''; and
       (3) by adding at the end the following:
       ``(II) was employed as a core driller in a State referred 
     to in subclause (I) during the period described in such 
     subclause; and''.
       (b) Miners.--Section 5(a)(1)(A)(ii)(I) is amended by 
     inserting ``or renal cancer or any other chronic renal 
     disease, including nephritis and kidney tubal tissue injury'' 
     after ``nonmalignant respiratory disease''.
       (c) Millers, Core Drillers, and Ore Transporters.--Section 
     5(a)(1)(A)(ii)(II) is amended--
       (1) by inserting ``, core driller,'' after ``was a 
     miller'';
       (2) by inserting ``, or was involved in remediation efforts 
     at such a uranium mine or uranium mill,'' after ``ore 
     transporter'';
       (3) by inserting ``(I)'' after ``clause (i)''; and
       (4) by striking all that follows ``nonmalignant respiratory 
     disease'' and inserting ``or renal cancer or any other 
     chronic renal disease, including nephritis and kidney tubal 
     tissue injury; or''.
       (d) Combined Work Histories.--Section 5(a)(1)(A)(ii) is 
     further amended--
       (1) by striking ``or'' at the end of subclause (I); and
       (2) by adding at the end the following:
       ``(III)(aa) does not meet the conditions of subclause (I) 
     or (II);
       ``(bb) worked, during the period described in clause 
     (i)(I), in two or more of the following positions: miner, 
     miller, core driller, and ore transporter;
       ``(cc) meets the requirements of paragraph (4) or (5), or 
     both; and
       ``(dd) submits written medical documentation that the 
     individual developed lung cancer or a nonmalignant 
     respiratory disease or renal cancer or any other chronic 
     renal disease, including nephritis and kidney tubal tissue 
     injury after exposure to radiation through work in one or 
     more of the positions referred to in item (bb);''.
       (e) Dates of Operation of Uranium Mine.--Section 5(a)(2)(A) 
     is amended by striking ``December 31, 1971'' and inserting 
     ``December 31, 1990''.
       (f) Special Rules Relating to Combined Work Histories.--
     Section 5(a) is amended by adding at the end the following:
       ``(4) Special rule relating to combined work histories for 
     individuals with at least one year of experience.--An 
     individual meets the requirements of this paragraph if the 
     individual worked in one or more of the positions referred to 
     in paragraph (1)(A)(ii)(III)(bb) for a period of at least one 
     year during the period described in paragraph (1)(A)(i)(I).
       ``(5) Special rule relating to combined work histories for 
     miners.--An individual meets the requirements of this 
     paragraph if the individual, during the period described in 
     paragraph (1)(A)(i)(I), worked as a miner and was exposed to 
     such number of working level months that the Attorney General 
     determines, when combined with the exposure of such 
     individual to radiation through work as a miller, core 
     driller, or ore transporter during the period described in 
     paragraph (1)(A)(i)(I), results in such individual being 
     exposed to a total level of radiation that is greater or 
     equal to the level of exposure of an individual described in 
     paragraph (4).''.
       (g) Definition of Core Driller.--Section 5(b) is amended--
       (1) by striking ``and'' at the end of paragraph (7);
       (2) by striking the period at the end of paragraph (8) and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(9) the term `core driller' means any individual employed 
     to engage in the act or process of obtaining cylindrical rock 
     samples of uranium or vanadium by means of a borehole 
     drilling machine for the purpose of mining uranium or 
     vanadium.''.

     SEC. 4106. EXPANSION OF USE OF AFFIDAVITS IN DETERMINATION OF 
                   CLAIMS; REGULATIONS.

       (a) Affidavits.--Section 6(b) is amended by adding at the 
     end the following:
       ``(3) Affidavits.--
       ``(A) Employment history.--For purposes of this Act, the 
     Attorney General shall accept a written affidavit or 
     declaration as evidence to substantiate the employment 
     history of an individual as a miner, miller, core driller, or 
     ore transporter if the affidavit--
       ``(i) is provided in addition to other material that may be 
     used to substantiate the employment history of the 
     individual;
       ``(ii) attests to the employment history of the individual;
       ``(iii) is made subject to penalty for perjury; and
       ``(iv) is made by a person other than the individual filing 
     the claim.
       ``(B) Physical presence in affected area.--For purposes of 
     this Act, the Attorney General shall accept a written 
     affidavit or declaration as evidence to substantiate an 
     individual's physical presence in an affected area during a 
     period described in section

[[Page S641]]

     4(a)(1)(A)(i) or section 4(a)(2) if the affidavit--
         
       ``(i) is provided in addition to other material that may be 
     used to substantiate the individual's presence in an affected 
     area during that time period;
       ``(ii) attests to the individual's presence in an affected 
     area during that period;
       ``(iii) is made subject to penalty for perjury; and
       ``(iv) is made by a person other than the individual filing 
     the claim.
       ``(C) Participation at testing site.--For purposes of this 
     Act, the Attorney General shall accept a written affidavit or 
     declaration as evidence to substantiate an individual's 
     participation onsite in a test involving the atmospheric 
     detonation of a nuclear device if the affidavit--
       ``(i) is provided in addition to other material that may be 
     used to substantiate the individual's participation onsite in 
     a test involving the atmospheric detonation of a nuclear 
     device;
       ``(ii) attests to the individual's participation onsite in 
     a test involving the atmospheric detonation of a nuclear 
     device;
       ``(iii) is made subject to penalty for perjury; and
       ``(iv) is made by a person other than the individual filing 
     the claim.''.
       (b) Technical and Conforming Amendments.--Section 6 is 
     amended--
       (1) in subsection (b)(2)(C), by striking ``section 
     4(a)(2)(C)'' and inserting ``section 4(a)(2)(E)'';
       (2) in subsection (c)(2)--
       (A) in subparagraph (A)--
       (i) in the matter preceding clause (i), by striking 
     ``subsection (a)(1), (a)(2)(A), or (a)(2)(B) of section 4'' 
     and inserting ``subsection (a)(1), (a)(2)(A), (a)(2)(B), 
     (a)(2)(C), or (a)(2)(D) of section 4''; and
       (ii) in clause (i), by striking ``subsection (a)(1), 
     (a)(2)(A), or (a)(2)(B) of section 4'' and inserting 
     ``subsection (a)(1), (a)(2)(A), (a)(2)(B), (a)(2)(C), or 
     (a)(2)(D) of section 4''; and
       (B) in subparagraph (B), by striking ``section 4(a)(2)(C)'' 
     and inserting ``section 4(a)(2)(E)''; and
       (3) in subsection (e), by striking ``subsection (a)(1), 
     (a)(2)(A), or (a)(2)(B) of section 4'' and inserting 
     ``subsection (a)(1), (a)(2)(A), (a)(2)(B), (a)(2)(C), or 
     (a)(2)(D) of section 4''.
       (c) Regulations.--
       (1) In general.--Section 6(k) is amended by adding at the 
     end the following: ``Not later than 180 days after the date 
     of enactment of the Radiation Exposure Compensation Act 
     Amendments of 2024, the Attorney General shall issue revised 
     regulations to carry out this Act.''.
       (2) Considerations in revisions.--In issuing revised 
     regulations under section 6(k) of the Radiation Exposure 
     Compensation Act (Public Law 101-426; 42 U.S.C. 2210 note), 
     as amended under paragraph (1), the Attorney General shall 
     ensure that procedures with respect to the submission and 
     processing of claims under such Act take into account and 
     make allowances for the law, tradition, and customs of Indian 
     tribes, including by accepting as a record of proof of 
     physical presence for a claimant a grazing permit, a homesite 
     lease, a record of being a holder of a post office box, a 
     letter from an elected leader of an Indian tribe, or a record 
     of any recognized tribal association or organization.

     SEC. 4107. LIMITATION ON CLAIMS.

       (a) Extension of Filing Time.--Section 8(a) is amended--
       (1) by striking ``2 years'' and inserting ``19 years''; and
       (2) by striking ``RECA Extension Act of 2022'' and 
     inserting ``Radiation Exposure Compensation Act Amendments of 
     2024''.
       (b) Resubmittal of Claims.--Section 8(b) is amended to read 
     as follows:
       ``(b) Resubmittal of Claims.--
       ``(1) Denied claims.--After the date of enactment of the 
     Radiation Exposure Compensation Act Amendments of 2024, any 
     claimant who has been denied compensation under this Act may 
     resubmit a claim for consideration by the Attorney General in 
     accordance with this Act not more than three times. Any 
     resubmittal made before the date of the enactment of the 
     Radiation Exposure Compensation Act Amendments of 2024 shall 
     not be applied to the limitation under the preceding 
     sentence.
       ``(2) Previously successful claims.--
       ``(A) In general.--After the date of enactment of the 
     Radiation Exposure Compensation Act Amendments of 2024, any 
     claimant who received compensation under this Act may submit 
     a request to the Attorney General for additional compensation 
     and benefits. Such request shall contain--
       ``(i) the claimant's name, social security number, and date 
     of birth;
       ``(ii) the amount of award received under this Act before 
     the date of enactment of the Radiation Exposure Compensation 
     Act Amendments of 2024;
       ``(iii) any additional benefits and compensation sought 
     through such request; and
       ``(iv) any additional information required by the Attorney 
     General.
       ``(B) Additional compensation.--If the claimant received 
     compensation under this Act before the date of enactment of 
     the Radiation Exposure Compensation Act Amendments of 2024 
     and submits a request under subparagraph (A), the Attorney 
     General shall--
       ``(i) pay the claimant the amount that is equal to any 
     excess of--

       ``(I) the amount the claimant is eligible to receive under 
     this Act (as amended by the Radiation Exposure Compensation 
     Act Amendments of 2024); minus
       ``(II) the aggregate amount paid to the claimant under this 
     Act before the date of enactment of the Radiation Exposure 
     Compensation Act Amendments of 2024; and

       ``(ii) in any case in which the claimant was compensated 
     under section 4, provide the claimant with medical benefits 
     under section 4(a)(5).''.

     SEC. 4108. GRANT PROGRAM ON EPIDEMIOLOGICAL IMPACTS OF 
                   URANIUM MINING AND MILLING.

       (a) Definitions.--In this section--
       (1) the term ``institution of higher education'' has the 
     meaning given under section 101 of the Higher Education Act 
     of 1965 (20 U.S.C. 1001);
       (2) the term ``program'' means the grant program 
     established under subsection (b); and
       (3) the term ``Secretary'' means the Secretary of Health 
     and Human Services.
       (b) Establishment.--The Secretary shall establish a grant 
     program relating to the epidemiological impacts of uranium 
     mining and milling. Grants awarded under the program shall be 
     used for the study of the epidemiological impacts of uranium 
     mining and milling among non-occupationally exposed 
     individuals, including family members of uranium miners and 
     millers.
       (c) Administration.--The Secretary shall administer the 
     program through the National Institute of Environmental 
     Health Sciences.
       (d) Eligibility and Application.--Any institution of higher 
     education or nonprofit private entity shall be eligible to 
     apply for a grant. To apply for a grant an eligible 
     institution or entity shall submit to the Secretary an 
     application at such time, in such manner, and containing or 
     accompanied by such information as the Secretary may 
     reasonably require.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $3,000,000 for 
     each of fiscal years 2024 through 2026.

     SEC. 4109. ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION 
                   PROGRAM.

       (a) Covered Employees With Cancer.--Section 3621(9) of the 
     Energy Employees Occupational Illness Compensation Program 
     Act of 2000 (42 U.S.C. 7384l(9)) is amended by striking 
     subparagraph (A) and inserting the following:
       ``(A) An individual with a specified cancer who is a member 
     of the Special Exposure Cohort, if and only if--
       ``(i) that individual contracted that specified cancer 
     after beginning employment at a Department of Energy facility 
     (in the case of a Department of Energy employee or Department 
     of Energy contractor employee) or at an atomic weapons 
     employer facility (in the case of an atomic weapons 
     employee); or
       ``(ii) that individual--

       ``(I) contracted that specified cancer after beginning 
     employment in a uranium mine or uranium mill described under 
     section 5(a)(1)(A)(i) of the Radiation Exposure Compensation 
     Act (42 U.S.C. 2210 note) (including any individual who was 
     employed in core drilling or the transport of uranium ore or 
     vanadium-uranium ore from such mine or mill) located in 
     Colorado, New Mexico, Arizona, Wyoming, South Dakota, 
     Washington, Utah, Idaho, North Dakota, Oregon, Texas, or any 
     State the Attorney General makes a determination under 
     section 5(a)(2) of that Act for inclusion of eligibility 
     under section 5(a)(1) of that Act; and
       ``(II) was employed in a uranium mine or uranium mill 
     described under subclause (I) (including any individual who 
     was employed in core drilling or the transport of uranium ore 
     or vanadium-uranium ore from such mine or mill) at any time 
     during the period beginning on January 1, 1942, and ending on 
     December 31, 1990.''.

       (b) Members of Special Exposure Cohort.--Section 3626 of 
     the Energy Employees Occupational Illness Compensation 
     Program Act of 2000 (42 U.S.C. 7384q) is amended--
       (1) in subsection (a), by striking paragraph (1) and 
     inserting the following:
       ``(1) The Advisory Board on Radiation and Worker Health 
     under section 3624 shall advise the President whether there 
     is a class of employees--
       ``(A) at any Department of Energy facility who likely were 
     exposed to radiation at that facility but for whom it is not 
     feasible to estimate with sufficient accuracy the radiation 
     dose they received; and
       ``(B) employed in a uranium mine or uranium mill described 
     under section 5(a)(1)(A)(i) of the Radiation Exposure 
     Compensation Act (42 U.S.C. 2210 note) (including any 
     individual who was employed in core drilling or the transport 
     of uranium ore or vanadium-uranium ore from such mine or 
     mill) located in Colorado, New Mexico, Arizona, Wyoming, 
     South Dakota, Washington, Utah, Idaho, North Dakota, Oregon, 
     Texas, and any State the Attorney General makes a 
     determination under section 5(a)(2) of that Act for inclusion 
     of eligibility under section 5(a)(1) of that Act, at any time 
     during the period beginning on January 1, 1942, and ending on 
     December 31, 1990, who likely were exposed to radiation at 
     that mine or mill but for whom it is not feasible to estimate 
     with sufficient accuracy the radiation dose they received.''; 
     and
       (2) by striking subsection (b) and inserting the following:

[[Page S642]]

       ``(b) Designation of Additional Members.--
       ``(1) Subject to the provisions of section 3621(14)(C), the 
     members of a class of employees at a Department of Energy 
     facility, or at an atomic weapons employer facility, may be 
     treated as members of the Special Exposure Cohort for 
     purposes of the compensation program if the President, upon 
     recommendation of the Advisory Board on Radiation and Worker 
     Health, determines that--
       ``(A) it is not feasible to estimate with sufficient 
     accuracy the radiation dose that the class received; and
       ``(B) there is a reasonable likelihood that such radiation 
     dose may have endangered the health of members of the class.
       ``(2) Subject to the provisions of section 3621(14)(C), the 
     members of a class of employees employed in a uranium mine or 
     uranium mill described under section 5(a)(1)(A)(i) of the 
     Radiation Exposure Compensation Act (42 U.S.C. 2210 note) 
     (including any individual who was employed in core drilling 
     or the transport of uranium ore or vanadium-uranium ore from 
     such mine or mill) located in Colorado, New Mexico, Arizona, 
     Wyoming, South Dakota, Washington, Utah, Idaho, North Dakota, 
     Oregon, Texas, and any State the Attorney General makes a 
     determination under section 5(a)(2) of that Act for inclusion 
     of eligibility under section 5(a)(1) of that Act, at any time 
     during the period beginning on January 1, 1942, and ending on 
     December 31, 1990, may be treated as members of the Special 
     Exposure Cohort for purposes of the compensation program if 
     the President, upon recommendation of the Advisory Board on 
     Radiation and Worker Health, determines that--
       ``(A) it is not feasible to estimate with sufficient 
     accuracy the radiation dose that the class received; and
       ``(B) there is a reasonable likelihood that such radiation 
     dose may have endangered the health of members of the 
     class.''.
                                 ______
                                 
  SA 1472. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. SUSPENSION OF ENTRY OF ALIENS.

       (a) Short Title.--This section may be cited as the ``Border 
     Safety and Security Act of 2024''.
       (b) Definitions.--In this section:
       (1) In general.--Except as otherwise provided, the terms 
     used in this section have the meanings given such terms in 
     section 101 of the Immigration and Nationality Act (8 U.S.C. 
     1101).
       (2) Covered alien.--The term ``covered alien'' means an 
     alien seeking entry to the United States who is inadmissible 
     under paragraph (6) or (7) of section 212(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)).
       (3) Operational control.--The term ``operational control'' 
     has the meaning given such term in section 2(b) of the Secure 
     Fence Act of 2006 (8 U.S.C. 1701 note).
       (c) Authority To Suspend Entry of Aliens at Borders of the 
     United States.--Notwithstanding any other provision of law, 
     if the Secretary of Homeland Security determines, in the 
     discretion of the Secretary, that the suspension of the entry 
     of covered aliens at an international land or maritime border 
     of the United States is necessary in order to achieve 
     operational control over such border, the Secretary may 
     prohibit, in whole or in part, the entry of covered aliens at 
     such border for such period as the Secretary determines is 
     necessary for such purpose.
       (d) Required Suspension of Entry of Aliens.--
     Notwithstanding any other provision of law, the Secretary of 
     Homeland Security shall prohibit the entry of covered aliens 
     for any period during which the Secretary cannot--
       (1) detain such covered aliens in accordance with section 
     235(b)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 
     1225(b)(1)(B)); or
       (2) place such covered aliens in a program consistent with 
     section 235(b)(2)(C) of such Act (8 U.S.C. 1225(b)(2)(C)).
       (e) Enforcement by State Attorneys General.--The attorney 
     general of a State, or another authorized State officer, 
     alleging a violation of a subsection (d) that affects such 
     State or its residents may bring an action against the 
     Secretary of Homeland Security on behalf of the residents of 
     such State in an appropriate United States district court to 
     obtain appropriate injunctive relief.
                                 ______
                                 
  SA 1473. Mr. COTTON (for himself, Mr. Braun, Mr. Cramer, and Mr. 
Hoeven) submitted an amendment intended to be proposed to amendment SA 
1388 proposed by Mrs. Murray (for herself and Mr. Schumer) to the bill 
H.R. 815, to amend title 38, United States Code, to make certain 
improvements relating to the eligibility of veterans to receive 
reimbursement for emergency treatment furnished through the Veterans 
Community Care program, and for other purposes; which was ordered to 
lie on the table; as follows:

       Beginning on page 32, strike line 1 and all that follows 
     through page 33, line 14.
       On page 37, strike lines 10 through 20.
       Beginning on page 38, strike line 4 and all that follows 
     through page 39, line 19.
                                 ______
                                 
  SA 1474. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 1388 proposed by Mrs. Murray (for herself and 
Mr. Schumer) to the bill H.R. 815, to amend title 38, United States 
Code, to make certain improvements relating to the eligibility of 
veterans to receive reimbursement for emergency treatment furnished 
through the Veterans Community Care program, and for other purposes; 
which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. EXCEPTIONS TO ASYLUM ELIGIBILITY.

       Paragraph (2) of section 208(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1158(b)(2)) is amended to read as 
     follows:
       ``(2) Exceptions.--
       ``(A) In general.--Paragraph (1) shall not apply to an 
     alien if the Secretary of Homeland Security or the Attorney 
     General determines that--
       ``(i) the alien ordered, incited, assisted, or otherwise 
     participated in the persecution of any person on account of 
     race, religion, nationality, membership in a particular 
     social group, or political opinion;
       ``(ii) the alien has been convicted of any felony under 
     Federal, State, tribal, or local law;
       ``(iii) the alien has been convicted of any misdemeanor 
     offense under Federal, State, tribal, or local law 
     involving--

       ``(I) the unlawful possession or use of an identification 
     document, authentication feature, or false identification 
     document (as those terms and phrases are defined in the 
     jurisdiction where the conviction occurred), unless the alien 
     can establish that the conviction resulted from circumstances 
     showing that--

       ``(aa) the document or feature was presented before 
     boarding a common carrier;
       ``(bb) the document or feature related to the alien's 
     eligibility to enter the United States;
       ``(cc) the alien used the document or feature to depart a 
     country wherein the alien has claimed a fear of persecution; 
     and
       ``(dd) the alien claimed a fear of persecution without 
     delay upon presenting himself or herself to an immigration 
     officer upon arrival at a United States port of entry;

       ``(II) the unlawful receipt of a Federal public benefit (as 
     defined in section 401(c) of the Personal Responsibility and 
     Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 
     1611(c))), from a Federal entity, or the unlawful receipt of 
     similar public benefits from a State, tribal, or local 
     entity; or
       ``(III) possession or trafficking of a controlled substance 
     or controlled substance paraphernalia, as those phrases are 
     defined under the law of the jurisdiction where the 
     conviction occurred, other than a single offense involving 
     possession for one's own use of 30 grams or less of marijuana 
     (as marijuana is defined under the law of the jurisdiction 
     where the conviction occurred);

       ``(iv) the alien has been convicted of an offense arising 
     under paragraph (1)(A) or (2) of section 274(a), or under 
     section 276;
       ``(v) the alien has been convicted of a Federal, State, 
     tribal, or local crime that the Attorney General or Secretary 
     of Homeland Security knows, or has reason to believe, was 
     committed in support, promotion, or furtherance of the 
     activity of a criminal street gang (as defined under the law 
     of the jurisdiction where the conviction occurred or in 
     section 521(a) of title 18, United States Code);
       ``(vi) the alien has been convicted of an offense for 
     driving while intoxicated or impaired, as those terms are 
     defined under the law of the jurisdiction where the 
     conviction occurred (including a conviction for driving while 
     under the influence of or impaired by alcohol or drugs), 
     without regard to whether the conviction is classified as a 
     misdemeanor or felony under Federal, State, tribal, or local 
     law, in which such intoxicated or impaired driving was a 
     cause of serious bodily injury or death of another person;
       ``(vii) the alien has been convicted of more than one 
     offense for driving while intoxicated or impaired, as those 
     terms are defined under the law of the jurisdiction where the 
     conviction occurred (including a conviction for driving while 
     under the influence of or impaired by alcohol or drugs), 
     without regard to whether the conviction is classified as a 
     misdemeanor or felony under Federal, State, tribal, or local 
     law;
       ``(viii) the alien has been convicted of a crime--

       ``(I) that involves conduct amounting to a crime of 
     stalking;
       ``(II) of child abuse, child neglect, or child abandonment; 
     or
       ``(III) that involves conduct amounting to a domestic 
     assault or battery offense, including--

[[Page S643]]

       ``(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.

       ``(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

[[Page S644]]

     Secretary of Homeland Security or the Attorney General under 
     subparagraph (A)(xiii).''.
                                 ______
                                 
  SA 1475. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. 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.''.
                                 ______
                                 
  SA 1476. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. 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).''.
                                 ______
                                 
  SA 1477. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. RULES FOR DETERMINING ASYLUM ELIGIBILITY.

       Section 208 of the Immigration and Nationality Act (8 
     U.S.C. 1158) is amended by adding at the end the following:
       ``(f) Rules for Determining Asylum Eligibility.--In making 
     a determination under subsection (b)(1)(A) with respect to 
     whether an alien is a refugee within the meaning of section 
     101(a)(42)(A), the following shall apply:
       ``(1) Particular social group.--The Secretary of Homeland 
     Security or the Attorney General shall not determine that an 
     alien is a member of a particular social group unless the 
     alien articulates on the record, or provides a basis on the 
     record for determining, the definition and boundaries of the 
     alleged particular social group, establishes that the 
     particular social group exists independently from the alleged 
     persecution, and establishes that the alien's claim of 
     membership in a particular social group does not involve--
       ``(A) past or present criminal activity or association 
     (including gang membership);
       ``(B) presence in a country with generalized violence or a 
     high crime rate;
       ``(C) being the subject of a recruitment effort by 
     criminal, terrorist, or persecutory groups;
       ``(D) the targeting of the applicant for criminal activity 
     for financial gain based on perceptions of wealth or 
     affluence;
       ``(E) interpersonal disputes of which governmental 
     authorities in the relevant society or region were unaware or 
     uninvolved;
       ``(F) private criminal acts of which governmental 
     authorities in the relevant society or region were unaware or 
     uninvolved;
       ``(G) past or present terrorist activity or association;
       ``(H) past or present persecutory activity or association; 
     or
       ``(I) status as an alien returning from the United States.
       ``(2) Political opinion.--The Secretary of Homeland 
     Security or the Attorney General may not determine that an 
     alien holds a political opinion with respect to which the 
     alien is subject to persecution if the political opinion is 
     constituted solely by generalized disapproval of, 
     disagreement with, or opposition to criminal, terrorist, 
     gang, guerilla, or other non-state organizations and does not 
     include expressive behavior in furtherance of a cause against 
     such organizations related to efforts by the State to control 
     such organizations or behavior that is antithetical to or 
     otherwise opposes the ruling legal entity of the State or a 
     unit thereof.
       ``(3) Persecution.--The Secretary of Homeland Security or 
     the Attorney General may not determine that an alien has been 
     subject to persecution or has a well-founded fear of 
     persecution based only on--
       ``(A) the existence of laws or government policies that are 
     unenforced or infrequently enforced, unless there is credible 
     evidence that such a law or policy has been or would be 
     applied to the applicant personally; or
       ``(B) the conduct of rogue foreign government officials 
     acting outside the scope of their official capacity.
       ``(4) Discretionary determination.--
       ``(A) Adverse discretionary factors.--The Secretary of 
     Homeland Security or the Attorney General may only grant 
     asylum to an alien if the alien establishes that he or she 
     warrants a favorable exercise of discretion. In making such a 
     determination, the Attorney General or Secretary of Homeland 
     Security shall consider, if applicable, an alien's use of 
     fraudulent documents to enter the United States, unless the 
     alien arrived in the United States by air, sea, or land 
     directly from the applicant's home country without transiting 
     through any other country.
       ``(B) Favorable exercise of discretion not permitted.--
     Except as provided in subparagraph (C), the Attorney General 
     or Secretary of Homeland Security shall not favorably 
     exercise discretion under this section for any alien who--
       ``(i) has accrued more than one year of unlawful presence 
     in the United States, as defined in sections 212(a)(9)(B)(ii) 
     and (iii), prior to filing an application for asylum;
       ``(ii) at the time the asylum application is filed with the 
     immigration court or is referred from the Department of 
     Homeland Security, has--

       ``(I) failed to timely file (or timely file a request for 
     an extension of time to file) any required Federal, State, or 
     local income tax returns;
       ``(II) failed to satisfy any outstanding Federal, State, or 
     local tax obligations; or
       ``(III) income that would result in tax liability under 
     section 1 of the Internal Revenue Code of 1986 and that was 
     not reported to the Internal Revenue Service;

       ``(iii) has had two or more prior asylum applications 
     denied for any reason;
       ``(iv) has withdrawn a prior asylum application with 
     prejudice or been found to have abandoned a prior asylum 
     application;
       ``(v) failed to attend an interview regarding his or her 
     asylum application with the Department of Homeland Security, 
     unless the alien shows by a preponderance of the evidence 
     that--

       ``(I) exceptional circumstances prevented the alien from 
     attending the interview; or

[[Page S645]]

       ``(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.''.
                                 ______
                                 
  SA 1478. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. FIRM RESETTLEMENT.

       Section 208 of the Immigration and Nationality Act (8 
     U.S.C. 1158), as amended by this title, 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.''.
                                 ______
                                 
  SA 1479. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. 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.''.
                                 ______
                                 
  SA 1480. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to

[[Page S646]]

amend title 38, United States Code, to make certain improvements 
relating to the eligibility of veterans to receive reimbursement for 
emergency treatment furnished through the Veterans Community Care 
program, and for other purposes; which was ordered to lie on the table; 
as follows:

        At the appropriate place, insert the following:

     SEC. ___. 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.
                                 ______
                                 
  SA 1481. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. EXPANDED PENALTIES FOR ILLEGAL ENTRY OR PRESENCE.

       Section 275 of the Immigration and Nationality Act (8 
     U.S.C. 1325) is amended--
       (1) in subsection (a) by inserting after ``for a subsequent 
     commission of any such offense'' the following: ``or if the 
     alien was previously convicted of an offense under subsection 
     (e)(2)(A)'';
       (2) in subsection (b)--
       (A) in paragraph (1), by striking ``at least $50 and not 
     more than $250'' and inserting ``not less than $500 and not 
     more than $1,000''; and
       (B) in paragraph (2), by inserting after ``in the case of 
     an alien who has been previously subject to a civil penalty 
     under this subsection'' the following: ``or subsection 
     (e)(2)(B)''; and
       (3) by adding at the end the following:
       ``(e) Visa Overstays.--
       ``(1) In general.--An alien who was admitted as a 
     nonimmigrant has violated this paragraph if the alien, for an 
     aggregate of 10 days or more, has failed--
       ``(A) to maintain the nonimmigrant status in which the 
     alien was admitted, or to which it was changed under section 
     248, including complying with the period of stay authorized 
     by the Secretary of Homeland Security in connection with such 
     status; or
       ``(B) to comply otherwise with the conditions of such 
     nonimmigrant status.
       ``(2) Penalties.--An alien who has violated paragraph (1)--
       ``(A) shall--
       ``(i) for the first commission of such a violation, be 
     fined under title 18, United States Code, or imprisoned not 
     more than 6 months, or both; and
       ``(ii) for a subsequent commission of such a violation, or 
     if the alien was previously convicted of an offense under 
     subsection (a), be fined under such title 18, or imprisoned 
     not more than 2 years, or both; and
       ``(B) in addition to, and not in lieu of, any penalty under 
     subparagraph (A) and any other criminal or civil penalties 
     that may be imposed, shall be subject to a civil penalty of--
       ``(i) not less than $500 and not more than $1,000 for each 
     violation; or
       ``(ii) twice the amount specified in clause (i), in the 
     case of an alien who has been previously subject to a civil 
     penalty under this subparagraph or subsection (b).''.
                                 ______
                                 
  SA 1482. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. IMMIGRATION PAROLE REFORM.

       (a) In General.--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;

[[Page S647]]

       ``(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.''.
       (b) Implementation.--
       (1) In general.--Except as provided in paragraph (2), this 
     section and the amendments made by this section shall take 
     effect on the date that is 30 days after the date of the 
     enactment of this Act.
       (2) Exceptions.--Notwithstanding paragraph (1), each of the 
     following exceptions apply:
       (A) 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.
       (B) Section 212(d)(5)(J) of the Immigration and Nationality 
     Act, as added by subsection (a), shall take effect on the 
     date of the enactment of this Act.
       (C) 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.
                                 ______
                                 
  SA 1483. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. 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 title VIII of division B of the Secure the 
     Border Act of 2023, that it has verified that the individual 
     is not an unauthorized alien by--

       ``(I) obtaining from the individual the individual's social 
     security account number or United States passport number and 
     recording the number on the form (if the individual claims to 
     have been issued such a number), and, if the individual does 
     not attest to United States nationality under subparagraph 
     (B), obtaining such identification or authorization number 
     established by the Department of Homeland Security for the 
     alien as the Secretary of Homeland Security may specify, and 
     recording such number on the form; and
       ``(II) examining--

[[Page S648]]

       ``(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.
       ``(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 title VIII of division B of the Secure the Border Act of 
     2023, on the date that is 6 months after the date of the 
     enactment of title.
       ``(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 title VIII of division B of the Secure the Border Act of 
     2023, on the date that is 12 months after the date of the 
     enactment of such title.
       ``(III) With respect to employers having 20 or more 
     employees in the United States, but less than 500 employees 
     in the United States,

[[Page S649]]

     on the date of the enactment of title VIII of division B of 
     the Secure the Border Act of 2023, on the date that is 18 
     months after the date of the enactment of such title.
       ``(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 title VIII 
     of division B of the Secure the Border Act of 2023, on the 
     date that is 24 months after the date of the enactment of 
     such title.

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

       ``(I) On request.--Upon request by an employer having 50 or 
     fewer employees, the Secretary shall allow a one-time 6-month 
     extension of the effective date set out in this subparagraph 
     applicable to such employer. Such request shall be made to 
     the Secretary and shall be made prior to such effective date.
       ``(II) Following report.--If the study under section 814 of 
     title VIII of division B of the Secure the Border Act of 2023 
     has been submitted in accordance with such section, the 
     Secretary of Homeland Security may extend the effective date 
     set out in clause (iii) on a one-time basis for 12 months.

       ``(v) Transition rule.--Subject to paragraph (4), the 
     following shall apply to a person or other entity hiring, 
     recruiting, or referring an individual for employment in the 
     United States until the effective date or dates applicable 
     under clauses (i) through (iii):

       ``(I) This subsection, as in effect before the enactment of 
     title VIII of division B of the Secure the Border Act of 
     2023.
       ``(II) Subtitle A of title IV of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1324a note), as in effect before the effective date in 
     section 807(c) of title VIII of division B of the Secure the 
     Border Act of 2023.
       ``(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 
     807(c) of title VIII of division B of the Secure the Border 
     Act of 2023, including Executive Order 13465 (8 U.S.C. 1324a 
     note; relating to Government procurement).

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

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

       ``(ii) Job offer may be conditional.--A person or other 
     entity may offer a prospective employee an employment 
     position that is conditioned on final verification of the 
     identity and employment eligibility of the employee using the 
     procedures established under this paragraph.
       ``(iii) Special rule.--Notwithstanding clause (i)(II), in 
     the case of an alien who is authorized for employment and who 
     provides evidence from the Social Security Administration 
     that the alien has applied for a social security account 
     number, the verification period ends three business days 
     after the alien receives the social security account number.
       ``(2) Reverification for individuals with limited work 
     authorization.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     a person or entity shall make an inquiry, as provided in 
     subsection (d), using the verification system to seek 
     reverification of the identity and employment eligibility of 
     all individuals with a limited period of work authorization 
     employed by the person or entity during the three business 
     days after the date on which the employee's work 
     authorization expires as follows:
       ``(i) With respect to employers having 10,000 or more 
     employees in the United States on the date of the enactment 
     of title VIII of division B of the Secure the Border Act of 
     2023, beginning on the date that is 6 months after the date 
     of the enactment of such title.
       ``(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 title VIII of division B of the Secure the Border Act of 
     2023, beginning on the date that is 12 months after the date 
     of the enactment of such title.
       ``(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 title 
     VIII of division B of the Secure the Border Act of 2023, 
     beginning on the date that is 18 months after the date of the 
     enactment of such title.
       ``(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 title VIII 
     of division B of the Secure the Border Act of 2023, beginning 
     on the date that is 24 months after the date of the enactment 
     of such title.
       ``(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 title VIII of division B of the Secure the 
     Border Act of 2023. For purposes of the preceding sentence, 
     the term `agricultural labor or services' has the meaning 
     given such term by the Secretary of Agriculture in 
     regulations and includes agricultural labor as defined in 
     section 3121(g) of the Internal Revenue Code of 1986, 
     agriculture as defined in section 3(f) of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 203(f)), the handling, 
     planting, drying, packing, packaging, processing, freezing, 
     or grading prior to delivery for storage of any agricultural 
     or horticultural commodity in its unmanufactured state, all 
     activities required for the preparation, processing, or 
     manufacturing of a product of agriculture (as such term is 
     defined in such section 3(f)) for further distribution, and 
     activities similar to all the foregoing as they relate to 
     fish or shellfish facilities. An employee described in this 
     subparagraph shall not be counted for purposes of 
     subparagraph (A).
       ``(C) Reverification.--Paragraph (1)(C)(ii) shall apply to 
     reverifications pursuant to this paragraph on the same basis 
     as it applies to verifications pursuant to paragraph (1), 
     except that employers shall--
       ``(i) use a form designated or established by the Secretary 
     by regulation for purposes of this paragraph; and
       ``(ii) retain a paper or electronic version of the form and 
     make it available for inspection by officers of the 
     Department of Homeland Security, the Department of Justice, 
     or the Department of Labor during the period beginning on the 
     date the reverification commences and ending on the date that 
     is the later of 3 years after the date of such reverification 
     or 1 year after the date the individual's employment is 
     terminated.
       ``(3) Previously hired individuals.--
       ``(A) On a mandatory basis for certain employees.--
       ``(i) In general.--Not later than the date that is 6 months 
     after the date of the enactment of title VIII of division B 
     of the Secure the Border Act of 2023, an employer shall make 
     an inquiry, as provided in subsection (d), using the 
     verification system to seek verification of the identity and 
     employment eligibility of any individual described in clause 
     (ii) employed by the employer whose employment eligibility 
     has not been verified under the E-Verify Program described in 
     section 403(a) of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note).
       ``(ii) Individuals described.--An individual described in 
     this clause is any of the following:

       ``(I) An employee of any unit of a Federal, State, or local 
     government.
       ``(II) An employee who requires a Federal security 
     clearance working in a Federal, State, or local government 
     building, a military base, a nuclear energy site, a weapons 
     site, or an airport or other facility that requires workers 
     to carry a Transportation Worker Identification Credential 
     (TWIC).
       ``(III) An employee assigned to perform work in the United 
     States under a Federal contract, except that this subclause--

       ``(aa) is not applicable to individuals who have a 
     clearance under Homeland Security Presidential Directive 12 
     (HSPD 12 clearance), are administrative or overhead 
     personnel, or are working solely on contracts that provide 
     Commercial Off The Shelf goods or services as set forth by 
     the Federal Acquisition Regulatory Council, unless they are 
     subject to verification under subclause (II); and
       ``(bb) only applies to contracts over the simple 
     acquisition threshold as defined in section 2.101 of title 
     48, Code of Federal Regulations.
       ``(B) On a mandatory basis for multiple users of same 
     social security account number.--In the case of an employer 
     who is required by this subsection to use the

[[Page S650]]

     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 
     title VIII of division B of the Secure the Border Act of 
     2023, an employer may make an inquiry, as provided in 
     subsection (d), using the verification system to seek 
     verification of the identity and employment eligibility of 
     any individual employed by the employer. If an employer 
     chooses voluntarily to seek verification of any individual 
     employed by the employer, the employer shall seek 
     verification of all individuals employed at the same 
     geographic location or, at the option of the employer, all 
     individuals employed within the same job category, as the 
     employee with respect to whom the employer seeks voluntarily 
     to use the verification system. An employer's decision about 
     whether or not voluntarily to seek verification of its 
     current workforce under this subparagraph may not be 
     considered by any government agency in any proceeding, 
     investigation, or review provided for in this Act.
       ``(D) Verification.--Paragraph (1)(C)(ii) shall apply to 
     verifications pursuant to this paragraph on the same basis as 
     it applies to verifications pursuant to paragraph (1), except 
     that employers shall--
       ``(i) use a form designated or established by the Secretary 
     by regulation for purposes of this paragraph; and
       ``(ii) retain a paper or electronic version of the form and 
     make it available for inspection by officers of the 
     Department of Homeland Security, the Department of Justice, 
     or the Department of Labor during the period 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 title VIII 
     of division B of the Secure the Border Act of 2023, the 
     Secretary is authorized to commence requiring employers 
     required to participate in the E-Verify Program described in 
     section 403(a) of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), 
     including employers required to participate in such program 
     by reason of Federal acquisition laws (and regulations 
     promulgated under those laws, including the Federal 
     Acquisition Regulation), to commence compliance with the 
     requirements of this subsection (and any additional 
     requirements of such Federal acquisition laws and regulation) 
     in lieu of any requirement to participate in the E-Verify 
     Program.
       ``(B) Former e-verify voluntary users and others desiring 
     early compliance.--Notwithstanding the deadlines in 
     paragraphs (1) and (2), beginning on the date of the 
     enactment of title VIII of division B of the Secure the 
     Border Act of 2023, the Secretary shall provide for the 
     voluntary compliance with the requirements of this subsection 
     by employers voluntarily electing to participate in the E-
     Verify Program described in section 403(a) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1324a note) before such date, as well as by other 
     employers seeking voluntary early compliance.
       ``(5) Copying of documentation permitted.--Notwithstanding 
     any other provision of law, the person or entity may copy a 
     document presented by an individual pursuant to this 
     subsection and may retain the copy, but only (except as 
     otherwise permitted under law) for the purpose of complying 
     with the requirements of this subsection.
       ``(6) Limitation on use of forms.--A form designated or 
     established by the Secretary of Homeland Security under this 
     subsection and any information contained in or appended to 
     such form, may not be used for purposes other than for 
     enforcement of this Act and any other provision of Federal 
     criminal law.
       ``(7) Good faith compliance.--
       ``(A) In general.--Except as otherwise provided in this 
     subsection, a person or entity is considered to have complied 
     with a requirement of this subsection notwithstanding a 
     technical or procedural failure to meet such requirement if 
     there was a good faith attempt to comply with the 
     requirement.
       ``(B) Exception if failure to correct after notice.--
     Subparagraph (A) shall not apply if--
       ``(i) the failure is not de minimus;
       ``(ii) the Secretary of Homeland Security has explained to 
     the person or entity the basis for the failure and why it is 
     not de minimus;
       ``(iii) the person or entity has been provided a period of 
     not less than 30 calendar days (beginning after the date of 
     the explanation) within which to correct the failure; and
       ``(iv) the person or entity has not corrected the failure 
     voluntarily within such period.
       ``(C) Exception for pattern or practice violators.--
     Subparagraph (A) shall not apply to a person or entity that 
     has engaged or is engaging in a pattern or practice of 
     violations of subsection (a)(1)(A) or (a)(2).
       ``(8) Single extension of deadlines upon certification.--In 
     a case in which the Secretary of Homeland Security has 
     certified to the Congress that the employment eligibility 
     verification system required under subsection (d) will not be 
     fully operational by the date that is 6 months after the date 
     of the enactment of title VIII of division B of the Secure 
     the Border Act of 2023, each deadline established under this 
     section for an employer to make an inquiry using such system 
     shall be extended by 6 months. No other extension of such a 
     deadline shall be made except as authorized under paragraph 
     (1)(D)(iv).''.
       (b) Date of Hire.--Section 274A(h) of the Immigration and 
     Nationality Act (8 U.S.C. 1324a(h)) is amended by adding at 
     the end the following:
       ``(4) Definition of date of hire.--As used in this section, 
     the term `date of hire' means the date of actual commencement 
     of employment for wages or other remuneration, unless 
     otherwise specified.''.
                                 ______
                                 
  SA 1484. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. EMPLOYMENT ELIGIBILITY VERIFICATION SYSTEM.

       Section 274A(d) of the Immigration and Nationality Act (8 
     U.S.C. 1324a(d)) is amended to read as follows:
       ``(d) Employment Eligibility Verification System.--
       ``(1) In general.--Patterned on the employment eligibility 
     confirmation system established under section 404 of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996 (8 U.S.C. 1324a note), the Secretary of Homeland 
     Security shall establish and administer a verification system 
     through which the Secretary (or a designee of the Secretary, 
     which may be a nongovernmental entity)--
       ``(A) responds to inquiries made by persons at any time 
     through a toll-free electronic media concerning an 
     individual's identity and whether the individual is 
     authorized to be employed; and
       ``(B) maintains records of the inquiries that were made, of 
     verifications provided (or not provided), and of the codes 
     provided to inquirers as evidence of their compliance with 
     their obligations under this section.
       ``(2) Initial response.--The verification system shall 
     provide confirmation or a tentative nonconfirmation of an 
     individual's identity and employment eligibility within 3 
     working days of the initial inquiry. If providing 
     confirmation or tentative nonconfirmation, the verification 
     system shall provide an appropriate code indicating such 
     confirmation or such nonconfirmation.
       ``(3) Secondary confirmation process in case of tentative 
     nonconfirmation.--In cases of tentative nonconfirmation, the 
     Secretary shall specify, in consultation with the 
     Commissioner of Social Security, an available secondary 
     verification process to confirm the validity of information 
     provided and to provide a final confirmation or 
     nonconfirmation not later than 10 working days after the date 
     on which the notice of the tentative nonconfirmation is 
     received by the employee. The Secretary, in consultation with 
     the Commissioner, may extend this deadline once on a case-by-
     case basis for a period of 10 working days, and if the time 
     is extended, shall document such extension

[[Page S651]]

     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.''.
                                 ______
                                 
  SA 1485. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. 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)) is 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.
                                 ______
                                 
  SA 1486. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. 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

[[Page S652]]

     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.''.
                                 ______
                                 
  SA 1487. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ____. REPEAL OF SUBTITLE A OF TITLE IV OF THE ILLEGAL 
                   IMMIGRATION REFORM AND IMMIGRANT RESPONSIBILITY 
                   ACT OF 1996.

       (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.
       (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.
                                 ______
                                 
  SA 1488. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. 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;
       ``(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.''.
                                 ______
                                 
  SA 1489. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain

[[Page S653]]

improvements relating to the eligibility of veterans to receive 
reimbursement for emergency treatment furnished through the Veterans 
Community Care program, and for other purposes; which was ordered to 
lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. 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),''.
                                 ______
                                 
  SA 1490. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. 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)), 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)). 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)). The Secretary may implement the 
     program on a limited pilot program basis before making it 
     fully available to all individuals.
                                 ______
                                 
  SA 1491. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. 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.
                                 ______
                                 
  SA 1492. Mr. TUBERVILLE submitted an amendment intended to be 
submitted by him to the bill H.R. 815, to amend title 38, United States 
Code, to make certain improvements relating to the eligibility of 
veterans to receive reimbursement for emergency treatment furnished 
through the Veterans Community Care program, and for other purposes; 
which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. 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)'' each place such term appears and 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 under 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 may 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 subclause header, by striking ``detention'' and 
     inserting ``detention, return, or removal''; and
       (bb) by adding at the end the following: ``The alien may 
     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 may 
     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.--The Secretary of Homeland 
     Security, without exception, including pursuant to parole or 
     release pursuant to section 236(a), but excluding as 
     expressly authorized pursuant to section 212(d)(5), shall 
     return to a foreign territory contiguous to the United States 
     any alien arriving on land from such 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) if, at any time, the Secretary 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).
       ``(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 
     such 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

[[Page S654]]

     Homeland Security determines, in the discretion of the 
     Secretary, 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.''.
                                 ______
                                 
  SA 1493. Mr. TUBERVILLE submitted an amendment intended to be 
submitted by him to the bill H.R. 815, to amend title 38, United States 
Code, to make certain improvements relating to the eligibility of 
veterans to receive reimbursement for emergency treatment furnished 
through the Veterans Community Care program, and for other purposes; 
which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. OPERATIONAL DETENTION FACILITIES.

       (a) In General.--Not later than June 30, 2024, 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, and subsequently closed or with respect to 
     which the use was altered, reduced, or discontinued after 
     January 20, 2021. In carrying out 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 the facilities 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 as 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 on which 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 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 Senate;
       (2) the Committee on Appropriations of the Senate;
       (3) the Committee on the Judiciary of the House of 
     Representatives; and
       (4) the Committee on Appropriations of the House of 
     Representatives.
                                 ______
                                 
  SA 1494. Mr. TUBERVILLE submitted an amendment intended to be 
submitted by him to the bill H.R. 815, to amend title 38, United States 
Code, to make certain improvements relating to the eligibility of 
veterans to receive reimbursement for emergency treatment furnished 
through the Veterans Community Care program, and for other purposes; 
which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

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

       It is the policy of the United States--
       (1) to enter into agreements, accords, and memoranda of 
     understanding with countries in the Western Hemisphere, 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; 
     and
       (2) to ensure that humanitarian and development assistance 
     funding aimed at reducing illegal immigration is not expended 
     on programs that have not proven to reduce illegal immigrant 
     flows in the aggregate.
                                 ______
                                 
  SA 1495. Mr. TUBERVILLE submitted an amendment intended to be 
submitted by him to the bill H.R. 815, to amend title 38, United States 
Code, to make certain improvements relating to the eligibility of 
veterans to receive reimbursement for emergency treatment furnished 
through the Veterans Community Care program, and for other purposes; 
which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. 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.
       (b) Minimum Requirements.--The agreements required to be 
     negotiated under subsection (a) shall--
       (1) be designed to facilitate a regional approach to 
     immigration enforcement; and
       (2) provide that--
       (A) 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;
       (B) 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;
       (C) the Government of Mexico commit to provide the 
     individuals described in subparagraphs (A) and (B) with 
     appropriate humanitarian protections;
       (D) 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;
       (E) 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;
       (F) 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
       (G) 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.
       (c) Notification in Accordance With Case-Zablocki Act.--Not 
     later than 48 hours after any agreement described in 
     subsection

[[Page S655]]

     (a) is signed, the Secretary of State, in accordance with 
     section 112b of title 1, United States Code, shall inform the 
     relevant congressional committees of such agreement.
       (d) 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).
                                 ______
                                 
  SA 1496. Mr. TUBERVILLE submitted an amendment intended to be 
submitted by him to the bill H.R. 815, to amend title 38, United States 
Code, to make certain improvements relating to the eligibility of 
veterans to receive reimbursement for emergency treatment furnished 
through the Veterans Community Care program, and for other purposes; 
which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. CLARIFICATION OF STANDARDS FOR FAMILY DETENTION.

       (a) Amendment.--
       (1) 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.''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall--
       (A) take effect on the date of the enactment of this Act; 
     and
       (B) apply to all actions that occur before, on, or after 
     such date.
       (b) Sense of Congress.--It is the sense of Congress that 
     the amendment made by subsection (a)(1) 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) 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 are younger than 18 years of age, or 
     families consisting of 1 or more of such children and the 
     parents or legal guardians of such childr6en, that is located 
     in that State, be licensed by the State or by any political 
     subdivision of such State.
                                 ______
                                 
  SA 1497. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 1388 proposed by Mrs. Murray (for herself and 
Mr. Schumer) to the bill H.R. 815, to amend title 38, United States 
Code, to make certain improvements relating to the eligibility of 
veterans to receive reimbursement for emergency treatment furnished 
through the Veterans Community Care program, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of the amendment, add the following:

   DIVISION C--BORDER SECURITY, IMMIGRATION ENFORCEMENT, AND FOREIGN 
                                AFFAIRS

     SEC. 4000. SHORT TITLE.

       This division may be cited as the ``Secure the Border Act 
     of 2024''.

                        TITLE I--BORDER SECURITY

     SEC. 4001. 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. 4002. 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--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (B) the Committee on Appropriations of the Senate;
       (C) the Committee on Homeland Security of the House of 
     Representatives; and
       (D) the Committee on Appropriations of the House of 
     Representatives.
       (2) 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. 4003. STRENGTHENING THE REQUIREMENTS FOR BARRIERS ALONG 
                   THE SOUTHERN BORDER.

       Section 102 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (Division C of Public Law 104-208; 
     8 U.S.C. 1103 note) is amended--
       (1) by amending subsection (a) to read as follows:
       ``(a) In General.--The Secretary of Homeland Security shall 
     take such actions as may be necessary (including the removal 
     of obstacles to detection of illegal entrants) to design, 
     test, construct, install, deploy, integrate, and operate 
     physical barriers, tactical infrastructure, and technology in 
     the vicinity of the southwest border to achieve situational 
     awareness and operational control of the southwest border and 
     deter, impede, and detect unlawful activity.'';
       (2) in subsection (b)--
       (A) in the subsection heading, by striking ``Fencing and 
     Road Improvements'' and inserting ``Physical Barriers'';
       (B) in paragraph (1)--
       (i) in the heading, by striking ``fencing'' and inserting 
     ``barriers'';
       (ii) by amending subparagraph (A) to read as follows:
       ``(A) Reinforced barriers.--In carrying out this section, 
     the Secretary of Homeland Security shall construct a border 
     wall, including physical barriers, tactical infrastructure, 
     and technology, along not fewer than 900 miles of the 
     southwest border until situational awareness and operational 
     control of the southwest border is achieved.'';
       (iii) by amending subparagraph (B) to read as follows:
       ``(B) Physical barriers and tactical infrastructure.--In 
     carrying out this section, the Secretary of Homeland Security 
     shall deploy along the southwest border the most practical 
     and effective physical barriers, tactical infrastructure, and 
     technology available for achieving situational awareness and 
     operational control of the southwest border.'';
       (iv) in subparagraph (C)--

       (I) by amending clause (i) to read as follows:

       ``(i) In general.--In carrying out this section, the 
     Secretary of Homeland Security shall consult with the 
     Secretary of the Interior, the Secretary of Agriculture, 
     appropriate representatives of State, Tribal, and local 
     governments, and appropriate private property owners in the 
     United States to minimize the impact on natural resources, 
     commerce, and sites of historical or cultural significance 
     for the communities and residents located near the sites at 
     which physical barriers, tactical infrastructure, and 
     technology

[[Page S656]]

     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:

       ``(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:
       ``(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:
       ``(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. 4004. BORDER AND PORT SECURITY TECHNOLOGY INVESTMENT 
                   PLAN.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Commissioner, in consultation 
     with covered officials and border and port security 
     technology stakeholders, shall submit to the appropriate 
     congressional committees a strategic 5-year technology 
     investment plan (in this section referred to as the 
     ``plan''). The plan may include a classified annex, if 
     appropriate.
       (b) Contents of Plan.--The plan shall include the 
     following:
       (1) An analysis of security risks at and between ports of 
     entry along the northern and southern borders of the United 
     States.
       (2) An identification of capability gaps with respect to 
     security at and between such ports of entry to be mitigated 
     in order to--
       (A) prevent terrorists and instruments of terror from 
     entering the United States;
       (B) combat and reduce cross-border criminal activity, 
     including--
       (i) the transport of illegal goods, such as illicit drugs; 
     and
       (ii) human smuggling and human trafficking; and
       (C) facilitate the flow of legal trade across the southwest 
     border.
       (3) An analysis of current and forecast trends relating to 
     the number of aliens who--
       (A) unlawfully entered the United States by crossing the 
     northern or southern border of the United States; or
       (B) are unlawfully present in the United States.
       (4) A description of security-related technology 
     acquisitions, to be listed in order of priority, to address 
     the security risks and capability gaps analyzed and 
     identified pursuant to paragraphs (1) and (2), respectively.
       (5) A description of each planned security-related 
     technology program, including objectives, goals, and 
     timelines for each such program.
       (6) An identification of each deployed security-related 
     technology that is at or near the end of the life cycle of 
     such technology.
       (7) A description of the test, evaluation, modeling, and 
     simulation capabilities, including target methodologies, 
     rationales, and timelines, necessary to support the 
     acquisition of security-related technologies pursuant to 
     paragraph (4).
       (8) An identification and assessment of ways to increase 
     opportunities for communication and collaboration with the 
     private sector, small and disadvantaged businesses, 
     intragovernment entities, university centers of excellence, 
     and Federal laboratories to ensure CBP is able to engage with 
     the market for security-related technologies that are 
     available to satisfy its mission needs before engaging in an 
     acquisition of a security-related technology.
       (9) An assessment of the management of planned security-
     related technology programs by the acquisition workforce of 
     CBP.
       (10) An identification of ways to leverage already-existing 
     acquisition expertise within the Federal Government.
       (11) A description of the security resources, including 
     information security resources, required to protect security-
     related technology from physical or cyber theft, diversion, 
     sabotage, or attack.
       (12) A description of initiatives to--
       (A) streamline the acquisition process of CBP; and
       (B) provide to the private sector greater predictability 
     and transparency with respect to such process, including 
     information relating to the timeline for testing and 
     evaluation of security-related technology.
       (13) An assessment of the privacy and security impact on 
     border communities of security-related technology.
       (14) In the case of a new acquisition leading to the 
     removal of equipment from a port of entry along the northern 
     or southern border of the United States, a strategy to 
     consult with the private sector and community stakeholders 
     affected by such removal.
       (15) A strategy to consult with the private sector and 
     community stakeholders with respect to security impacts at a 
     port of entry described in paragraph (14).
       (16) An identification of recent technological advancements 
     in the following:
       (A) Manned aircraft sensor, communication, and common 
     operating picture technology.
       (B) Unmanned aerial systems and related technology, 
     including counter-unmanned aerial system technology.
       (C) Surveillance technology, including the following:
       (i) Mobile surveillance vehicles.
       (ii) Associated electronics, including cameras, sensor 
     technology, and radar.
       (iii) Tower-based surveillance technology.
       (iv) Advanced unattended surveillance sensors.
       (v) Deployable, lighter-than-air, ground surveillance 
     equipment.
       (D) Nonintrusive inspection technology, including non-x-ray 
     devices utilizing muon tomography and other advanced 
     detection technology.
       (E) Tunnel detection technology.
       (F) Communications equipment, including the following:
       (i) Radios.
       (ii) Long-term evolution broadband.

[[Page S657]]

       (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. 4005. BORDER SECURITY TECHNOLOGY PROGRAM MANAGEMENT.

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

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

       ``(a) 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:

``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. 4006. 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. 4007. 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. 4008. ANTI-BORDER CORRUPTION ACT REAUTHORIZATION.

       (a) Hiring Flexibility.--Section 3 of the Anti-Border 
     Corruption Act of 2010 (6 U.S.C. 221; Public Law 111-376) is 
     amended by striking subsection (b) and inserting the 
     following:
       ``(b) Waiver Requirement.--Subject to subsection (c), the 
     Commissioner of U.S. Customs and Border Protection shall 
     waive the application of subsection (a)(1)--
       ``(1) to a current, full-time law enforcement officer 
     employed by a State or local law enforcement agency who--
       ``(A) has continuously served as a law enforcement officer 
     for not fewer than three years;
       ``(B) is authorized by law to engage in or supervise the 
     prevention, detection, investigation, or prosecution of, or 
     the incarceration of any person for, any violation of law, 
     and has statutory powers for arrest or apprehension; and
       ``(C) is not currently under investigation, has not been 
     found to have engaged in criminal activity or serious 
     misconduct, has not resigned from a law enforcement officer 
     position under investigation or in lieu of termination, and 
     has not been dismissed from a law enforcement officer 
     position;
       ``(2) to a current, full-time Federal law enforcement 
     officer who--

[[Page S658]]

       ``(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 4007 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:

     ``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 this section 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. 4009. 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:
       ``(18) implement a staffing model for the U.S. Border 
     Patrol, Air and Marine Operations, and the Office of Field 
     Operations that includes consideration for essential 
     frontline operator activities and functions, variations in 
     operating environments, present and planned infrastructure, 
     present and planned technology, and required operations 
     support levels to enable such entities to manage and assign 
     personnel of such entities to ensure field and support posts 
     possess adequate resources to carry out duties specified in 
     this section;
       ``(19) develop standard operating procedures for a 
     workforce tracking system within the U.S. Border Patrol, Air 
     and Marine Operations, and the Office of Field Operations, 
     train the workforce of each of such entities on the use, 
     capabilities, and purpose of such system, and implement 
     internal controls to ensure timely and accurate scheduling 
     and reporting of actual completed work hours and 
     activities;''.
       (c) Report.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act with respect to subsection (a) and 
     paragraphs (18) and (19) of section 411(c) of the Homeland 
     Security Act of 2002 (as amended by subsection (b)), and 
     annually thereafter with respect to such paragraphs (18) and 
     (19), the Secretary shall submit to the appropriate 
     congressional committees a report that includes a status 
     update on the following:
       (A) The implementation of such subsection (a) and such 
     paragraphs (18) and (19).
       (B) Each relevant workload staffing model.
       (2) Data sources and methodology required.--Each report 
     required under paragraph (1) shall include information 
     relating to the data sources and methodology used to generate 
     each relevant staffing model.
       (d) Inspector General Review.--Not later than 90 days after 
     the Commissioner develops the workload staffing models 
     pursuant to subsection (a), the Inspector General of the 
     Department shall review such models and provide feedback to 
     the Secretary and the appropriate congressional committees 
     with respect to the degree to which such models are 
     responsive to the recommendations of the Inspector General, 
     including the following:
       (1) Recommendations from the Inspector General's February 
     2019 audit.
       (2) Any further recommendations to improve such models.
       (e) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Homeland Security of the House of 
     Representatives; and
       (2) the Committee on Homeland Security and Governmental 
     Affairs of the Senate.

     SEC. 4010. OPERATION STONEGARDEN.

       (a) In General.--Subtitle A of title XX of the Homeland 
     Security Act of 2002 (6 U.S.C. 601 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 2010. OPERATION STONEGARDEN.

       ``(a) Establishment.--There is established in the 
     Department a program to be known as `Operation Stonegarden', 
     under which the

[[Page S659]]

     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:

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

     SEC. 4011. 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.--Section 411(e)(3) of the 
     Homeland Security Act of 2002 (6 U.S.C. 211(e)(3)) is 
     amended--
       (A) in subparagraph (B), by striking ``and'' after the 
     semicolon at the end;
       (B) by redesignating subparagraph (C) as subparagraph (D); 
     and
       (C) by inserting after subparagraph (B) the following:
       ``(C) carry out the small unmanned aircraft (as such term 
     is defined in section 44801 of title 49, United States Code) 
     requirements pursuant to subsection (f) of section 4011 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. 4012. 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 4003, 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. 4013. BORDER PATROL STRATEGIC PLAN.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act and biennially thereafter, the 
     Commissioner, acting through the Chief of the U.S. Border 
     Patrol, shall issue a Border Patrol Strategic Plan (referred 
     to in this section as the ``plan'') to enhance the security 
     of the borders of the United States.
       (b) Elements.--The plan shall include the following:
       (1) A consideration of Border Patrol Capability Gap 
     Analysis reporting, Border Security Improvement Plans, and 
     any other strategic document authored by the U.S. Border 
     Patrol to address security gaps between ports of entry, 
     including efforts to mitigate threats identified in such 
     analyses, plans, and documents.
       (2) Information relating to the dissemination of 
     information relating to border security or border threats 
     with respect to the efforts of the Department and other 
     appropriate Federal agencies.
       (3) Information relating to efforts by U.S. Border Patrol 
     to--
       (A) increase situational awareness, including--
       (i) surveillance capabilities, such as capabilities 
     developed or utilized by the Department of Defense, and any 
     appropriate technology determined to be excess by the 
     Department of Defense; and
       (ii) the use of manned aircraft and unmanned aircraft;
       (B) detect and prevent terrorists and instruments of 
     terrorism from entering the United States;
       (C) detect, interdict, and disrupt between ports of entry 
     aliens unlawfully present in the United States;

[[Page S660]]

       (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. 4014. 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. 4015. 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. 4016. 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. 4017. 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. 4018. 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. 4019. ALIEN CRIMINAL BACKGROUND CHECKS.

       (a) In General.--Not later than seven days after the date 
     of the enactment of this Act, the Commissioner shall certify 
     to the Committee on Homeland Security and the Committee on 
     the Judiciary of the House of Representatives and the 
     Committee on Homeland Security and Governmental Affairs and 
     the Committee on the Judiciary of the Senate that CBP has 
     real-time access to the criminal history databases of all 
     countries of origin and transit for aliens encountered by CBP 
     to perform criminal history background checks for such 
     aliens.
       (b) Standards.--The certification required under subsection 
     (a) shall also include a determination whether the criminal 
     history databases of a country are accurate, up to date, 
     digitized, searchable, and otherwise

[[Page S661]]

     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. 4020. 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 rulemaking in accordance with section 553 of 
     title 5, United States Code, will satisfy the identity 
     verification procedures of the Transportation Security 
     Administration.
       (4) Immigration laws.--The term ``immigration laws'' has 
     the meaning given 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. 4021. 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. 4022. 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. 4023. 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. 4024. GAO STUDY ON COSTS INCURRED BY STATES TO SECURE 
                   THE SOUTHWEST BORDER.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall conduct a study to examine the costs 
     incurred by individual States as a result of actions taken by 
     such States in support of the Federal mission to secure the 
     southwest border, and the feasibility of a program to 
     reimburse such States for such costs.
       (b) Contents.--The study required under subsection (a) 
     shall include consideration of the following:
       (1) Actions taken by the Department of Homeland Security 
     that have contributed to costs described in such subsection 
     incurred by States to secure the border in the absence of 
     Federal action, including the termination of the Migrant 
     Protection Protocols and cancellation of border wall 
     construction.

[[Page S662]]

       (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. 4025. 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. 4026. 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. 4027. 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. 4028. 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--ASYLUM REFORM AND BORDER PROTECTION

     SEC. 4101. 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. 4102. 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. 4103. 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. 4104. EXCEPTIONS.

       Section 208(b)(2) of the Immigration and Nationality Act (8 
     U.S.C. 1158(b)(2)) is amended to read as follows:
       ``(2) Exceptions.--
       ``(A) In general.--Paragraph (1) shall not apply to an 
     alien if the Secretary of Homeland Security or the Attorney 
     General determines that--
       ``(i) the alien ordered, incited, assisted, or otherwise 
     participated in the persecution of any person on account of 
     race, religion, nationality, membership in a particular 
     social group, or political opinion;
       ``(ii) the alien has been convicted of any felony under 
     Federal, State, tribal, or local law;
       ``(iii) the alien has been convicted of any misdemeanor 
     offense under Federal, State, tribal, or local law 
     involving--

       ``(I) the unlawful possession or use of an identification 
     document, authentication feature, or false identification 
     document (as those terms and phrases are defined in the 
     jurisdiction where the conviction occurred), unless the alien 
     can establish that the conviction resulted from circumstances 
     showing that--

       ``(aa) the document or feature was presented before 
     boarding a common carrier;
       ``(bb) the document or feature related to the alien's 
     eligibility to enter the United States;
       ``(cc) the alien used the document or feature to depart a 
     country wherein the alien has claimed a fear of persecution; 
     and
       ``(dd) the alien claimed a fear of persecution without 
     delay upon presenting himself or herself to an immigration 
     officer upon arrival at a United States port of entry;

       ``(II) the unlawful receipt of a Federal public benefit (as 
     defined in section 401(c) of the Personal Responsibility and 
     Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 
     1611(c))), from a Federal entity, or the unlawful receipt of 
     similar public benefits from a State, tribal, or local 
     entity; or
       ``(III) possession or trafficking of a controlled substance 
     or controlled substance paraphernalia, as those phrases are 
     defined under the law of the jurisdiction where the 
     conviction occurred, other than a single offense involving 
     possession for one's own use

[[Page S663]]

     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.

       ``(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

[[Page S664]]

     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. 4105. EMPLOYMENT AUTHORIZATION.

       Section 208(d)(2) of the Immigration and Nationality Act (8 
     U.S.C. 1158(d)(2)) is amended to read as follows:
       ``(2) Employment authorization.--
       ``(A) Authorization permitted.--An applicant for asylum is 
     not entitled to employment authorization, but such 
     authorization may be provided under regulation by the 
     Secretary of Homeland Security. An applicant who is not 
     otherwise eligible for employment authorization shall not be 
     granted such authorization 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. 4106. ASYLUM FEES.

       Section 208(d)(3) of the Immigration and Nationality Act (8 
     U.S.C. 1158(d)(3)) is amended to read as follows:
       ``(3) Fees.--
       ``(A) Application fee.--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. 4107. RULES FOR DETERMINING ASYLUM ELIGIBILITY.

       Section 208 of the Immigration and Nationality Act (8 
     U.S.C. 1158) is amended by adding at the end the following:
       ``(f) Rules for Determining Asylum Eligibility.--In making 
     a determination under subsection (b)(1)(A) with respect to 
     whether an alien is a refugee within the meaning of section 
     101(a)(42)(A), the following shall apply:
       ``(1) Particular social group.--The Secretary of Homeland 
     Security or the Attorney General shall not determine that an 
     alien is a member of a particular social group unless the 
     alien articulates on the record, or provides a basis on the 
     record for determining, the definition and boundaries of the 
     alleged particular social group, establishes that the 
     particular social group exists independently from the alleged 
     persecution, and establishes that the alien's claim of 
     membership in a particular social group does not involve--
       ``(A) past or present criminal activity or association 
     (including gang membership);
       ``(B) presence in a country with generalized violence or a 
     high crime rate;
       ``(C) being the subject of a recruitment effort by 
     criminal, terrorist, or persecutory groups;
       ``(D) the targeting of the applicant for criminal activity 
     for financial gain based on perceptions of wealth or 
     affluence;
       ``(E) interpersonal disputes of which governmental 
     authorities in the relevant society or region were unaware or 
     uninvolved;
       ``(F) private criminal acts of which governmental 
     authorities in the relevant society or region were unaware or 
     uninvolved;
       ``(G) past or present terrorist activity or association;
       ``(H) past or present persecutory activity or association; 
     or
       ``(I) status as an alien returning from the United States.
       ``(2) Political opinion.--The Secretary of Homeland 
     Security or the Attorney General may not determine that an 
     alien holds a political opinion with respect to which the 
     alien is subject to persecution if the political opinion is 
     constituted solely by generalized disapproval of, 
     disagreement with, or opposition to criminal, terrorist, 
     gang, guerilla, or other non-state organizations and does not 
     include expressive behavior in furtherance of a cause against 
     such organizations related to efforts by the State to control 
     such organizations or behavior that is antithetical to or 
     otherwise opposes the ruling legal entity of the State or a 
     unit thereof.
       ``(3) Persecution.--The Secretary of Homeland Security or 
     the Attorney General may not determine that an alien has been 
     subject to persecution or has a well-founded fear of 
     persecution based only on--
       ``(A) the existence of laws or government policies that are 
     unenforced or infrequently enforced, unless there is credible 
     evidence that such a law or policy has been or would be 
     applied to the applicant personally; or
       ``(B) the conduct of rogue foreign government officials 
     acting outside the scope of their official capacity.
       ``(4) Discretionary determination.--
       ``(A) Adverse discretionary factors.--The Secretary of 
     Homeland Security or the Attorney General may only grant 
     asylum to an alien if the alien establishes that he or she 
     warrants a favorable exercise of discretion. In making such a 
     determination, the Attorney General or Secretary of Homeland 
     Security shall consider, if applicable, an alien's use of 
     fraudulent documents to enter the United States, unless the 
     alien arrived in the United States by air, sea, or land 
     directly from the applicant's home country without transiting 
     through any other country.
       ``(B) Favorable exercise of discretion not permitted.--
     Except as provided in subparagraph (C), the Attorney General 
     or Secretary of Homeland Security shall not favorably 
     exercise discretion under this section for any alien who--
       ``(i) has accrued more than one year of unlawful presence 
     in the United States, as defined in sections 212(a)(9)(B)(ii) 
     and (iii), prior to filing an application for asylum;
       ``(ii) at the time the asylum application is filed with the 
     immigration court or is referred from the Department of 
     Homeland Security, has--

       ``(I) failed to timely file (or timely file a request for 
     an extension of time to file) any required Federal, State, or 
     local income tax returns;
       ``(II) failed to satisfy any outstanding Federal, State, or 
     local tax obligations; or
       ``(III) income that would result in tax liability under 
     section 1 of the Internal Revenue Code of 1986 and that was 
     not reported to the Internal Revenue Service;

       ``(iii) has had two or more prior asylum applications 
     denied for any reason;
       ``(iv) has withdrawn a prior asylum application with 
     prejudice or been found to have abandoned a prior asylum 
     application;
       ``(v) failed to attend an interview regarding his or her 
     asylum application with the Department of Homeland Security, 
     unless the alien shows by a preponderance of the evidence 
     that--

       ``(I) exceptional circumstances prevented the alien from 
     attending the interview; or
       ``(II) the interview notice was not mailed to the last 
     address provided by the alien or the alien's representative 
     and neither the alien nor the alien's representative received 
     notice of the interview; or

       ``(vi) was subject to a final order of removal, 
     deportation, or exclusion and did not

[[Page S665]]

     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. 4108. FIRM RESETTLEMENT.

       Section 208 of the Immigration and Nationality Act (8 
     U.S.C. 1158), as amended by this title, 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. 4109. 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. 4110. TECHNICAL AMENDMENTS.

       Section 208 of the Immigration and Nationality Act (8 
     U.S.C. 1158) is amended--
       (1) in subsection (a)--
       (A) in paragraph (2)(D), by inserting ``Secretary of 
     Homeland Security or the'' before ``Attorney General''; and
       (B) in paragraph (3), by inserting ``Secretary of Homeland 
     Security or the'' before ``Attorney General'';
       (2) in subsection (c)--
       (A) in paragraph (1), by striking ``Attorney General'' each 
     place such term appears and inserting ``Secretary of Homeland 
     Security'';
       (B) in paragraph (2), in the matter preceding subparagraph 
     (A), by inserting ``Secretary of Homeland Security or the'' 
     before ``Attorney General''; and
       (C) in paragraph (3), by inserting ``Secretary of Homeland 
     Security or the'' before ``Attorney General''; and
       (3) in subsection (d)--
       (A) in paragraph (1), by inserting ``Secretary of Homeland 
     Security or the'' before ``Attorney General'' each place such 
     term appears; and
       (B) in paragraph (5)--
       (i) in subparagraph (A), by striking ``Attorney General'' 
     and inserting ``Secretary of Homeland Security''; and
       (ii) in subparagraph (B), by inserting ``Secretary of 
     Homeland Security or the'' before ``Attorney General''.

     SEC. 4111. 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.--

[[Page S666]]

     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.

            TITLE III--BORDER SAFETY AND MIGRANT PROTECTION

     SEC. 4201. 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)'' and 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. 4202. 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.

   TITLE IV--PREVENTING UNCONTROLLED MIGRATION FLOWS IN THE WESTERN 
                               HEMISPHERE

     SEC. 4301. 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

[[Page S667]]

     reduce illegal immigrant flows in the aggregate.

     SEC. 4302. 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. 4303. 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 4302 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.

            TITLE V--ENSURING UNITED FAMILIES AT THE BORDER

     SEC. 4401. 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.

                    TITLE VI--PROTECTION OF CHILDREN

     SEC. 4501. FINDINGS.

       Congress makes the following findings:
       (1) Implementation of the provisions of the Trafficking 
     Victims Protection Reauthorization Act of 2008 that govern 
     unaccompanied alien children has incentivized multiple surges 
     of unaccompanied alien children arriving at the southwest 
     border in the years since the bill's enactment.
       (2) The provisions of the Trafficking Victims Protection 
     Reauthorization Act of 2008 that govern unaccompanied alien 
     children treat unaccompanied alien children from countries 
     that are contiguous to the United States disparately by 
     swiftly returning them to their home country absent 
     indications of trafficking or a credible fear of return, but 
     allowing for the release of unaccompanied alien children from 
     noncontiguous countries into the interior of the United 
     States, often to those individuals who paid to smuggle them 
     into the country in the first place.
       (3) The provisions of the Trafficking Victims Protection 
     Reauthorization Act of 2008 governing unaccompanied alien 
     children have enriched the cartels, who profit hundreds of 
     millions of dollars each year by smuggling unaccompanied 
     alien children to the southwest border, exploiting and 
     sexually abusing many such unaccompanied alien children on 
     the perilous journey.
       (4) Prior to 2008, the number of unaccompanied alien 
     children encountered at the southwest border never exceeded 
     1,000 in a single year.
       (5) The United States is currently in the midst of the 
     worst crisis of unaccompanied alien children in our Nation's 
     history, with over 350,000 such unaccompanied alien children 
     encountered at the southwest border since Joe Biden became 
     President.
       (6) In 2022, during the Biden Administration, 152,057 
     unaccompanied alien children were encountered, the most ever 
     in a single year and an over 400 percent increase compared to 
     the last full fiscal year of the Trump Administration in 
     which 33,239 unaccompanied alien children were encountered.
       (7) The Biden Administration has lost contact with at least 
     85,000 unaccompanied alien children who entered the United 
     States since Joe Biden took office.
       (8) The Biden Administration dismantled effective 
     safeguards put in place by the Trump Administration that 
     protected unaccompanied alien children from being abused by 
     criminals or exploited for illegal and dangerous child labor.
       (9) A recent New York Times investigation found that 
     unaccompanied alien children are being exploited in the labor 
     market and ``are ending up in some of the most punishing jobs 
     in the country.''.
       (10) The Times investigation found unaccompanied alien 
     children, ``under intense pressure to earn money'' in order 
     to ``send cash back to their families while often being in 
     debt to their sponsors for smuggling fees, rent, and living 
     expenses,'' feared ``that they had become trapped in 
     circumstances they never could have imagined.''.
       (11) The Biden Administration's Department of Health and 
     Human Services Secretary Xavier Becerra compared placing 
     unaccompanied alien children with sponsors, to widgets in an 
     assembly line, stating that, ``If Henry Ford had seen this in 
     his plant, he would have never become famous and rich. This 
     is not the way you do an assembly line.''.

[[Page S668]]

       (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 title 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. 4502. 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. 4503. 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. 4504. RULE OF CONSTRUCTION.

       Nothing in this title 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.

                  TITLE VII--VISA OVERSTAYS PENALTIES

     SEC. 4601. EXPANDED PENALTIES FOR ILLEGAL ENTRY OR PRESENCE.

       Section 275 of the Immigration and Nationality Act (8 
     U.S.C. 1325) is amended--
       (1) in subsection (a) by inserting after ``for a subsequent 
     commission of any such offense'' the following: ``or if the 
     alien was previously convicted of an offense under subsection 
     (e)(2)(A)'';
       (2) in subsection (b)--
       (A) in paragraph (1), by striking ``at least $50 and not 
     more than $250'' and inserting ``not less than $500 and not 
     more than $1,000''; and
       (B) in paragraph (2), by inserting after ``in the case of 
     an alien who has been previously subject to a civil penalty 
     under this subsection'' the following: ``or subsection 
     (e)(2)(B)''; and
       (3) by adding at the end the following:
       ``(e) Visa Overstays.--
       ``(1) In general.--An alien who was admitted as a 
     nonimmigrant has violated this paragraph if the alien, for an 
     aggregate of 10 days or more, has failed--
       ``(A) to maintain the nonimmigrant status in which the 
     alien was admitted, or to which it was changed under section 
     248, including complying with the period of stay authorized 
     by the Secretary of Homeland Security in connection with such 
     status; or
       ``(B) to comply otherwise with the conditions of such 
     nonimmigrant status.
       ``(2) Penalties.--An alien who has violated paragraph (1)--
       ``(A) shall--
       ``(i) for the first commission of such a violation, be 
     fined under title 18, United States Code, or imprisoned not 
     more than 6 months, or both; and
       ``(ii) for a subsequent commission of such a violation, or 
     if the alien was previously convicted of an offense under 
     subsection (a), be fined under such title 18, or imprisoned 
     not more than 2 years, or both; and
       ``(B) in addition to, and not in lieu of, any penalty under 
     subparagraph (A) and any other criminal or civil penalties 
     that may be imposed, shall be subject to a civil penalty of--
       ``(i) not less than $500 and not more than $1,000 for each 
     violation; or
       ``(ii) twice the amount specified in clause (i), in the 
     case of an alien who has been previously subject to a civil 
     penalty under this subparagraph or subsection (b).''.

                 TITLE VIII--IMMIGRATION PAROLE REFORM

     SEC. 4701. 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,

[[Page S669]]

     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. 4702. IMPLEMENTATION.

       (a) In General.--Except as provided in subsection (b), this 
     title and the amendments made by this title shall take effect 
     on the date that is 30 days after the date of the enactment 
     of this Act.
       (b) Exceptions.--Notwithstanding subsection (a), 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 4701, 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. 4703. CAUSE OF ACTION.

       Any person, State, or local government that experiences 
     financial harm in excess of $1,000 due to a failure of the 
     Federal Government to lawfully apply the provisions of this 
     title or the amendments made by this title shall have 
     standing to bring a civil action against the Federal 
     Government in an appropriate district court of the United 
     States for appropriate relief.

     SEC. 4704. SEVERABILITY.

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

                       TITLE IX--LEGAL WORKFORCE

     SEC. 4801. 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,

[[Page S670]]

     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 title VIII of division B 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 rescission of the offer of employment for 
     any reason other than because of such a failure.
       ``(III) Final confirmation or nonconfirmation received.--If 
     a final confirmation or nonconfirmation is provided by the 
     verification system regarding an individual, the person or 
     entity shall record on the form an appropriate code that is 
     provided under the system and that indicates a confirmation 
     or nonconfirmation of identity and work eligibility of the 
     individual.
       ``(IV) Extension of time.--If the person or other entity in 
     good faith attempts to make an inquiry during the time period 
     specified and the verification system has registered that not 
     all inquiries were received during such time, the person or 
     entity may make an inquiry in the first subsequent working 
     day in which the verification system registers that it has 
     received all inquiries. If the verification system cannot 
     receive inquiries at all times during a day, the person or 
     entity merely has to assert that the entity attempted to make 
     the inquiry on that day for the previous sentence to apply to 
     such an inquiry, and does not have to provide any additional 
     proof concerning such inquiry.
       ``(V) Consequences of nonconfirmation.--

       ``(aa) Termination or notification of continued 
     employment.--If the person or other entity has received a 
     final nonconfirmation regarding an individual, the person or 
     entity may terminate employment of the individual (or decline 
     to recruit or refer the individual). If the person or entity 
     does not terminate employment of the individual or proceeds 
     to recruit or refer the individual, the person or entity 
     shall notify the Secretary of Homeland Security of such fact 
     through the verification system or in such other manner as 
     the Secretary may specify.
       ``(bb) Failure to notify.--If the person or entity fails to 
     provide notice with respect to an individual as required 
     under item (aa), the failure is deemed to constitute a 
     violation of subsection (a)(1)(A) with respect to that 
     individual.

[[Page S671]]

       ``(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 title VIII of division B of the Secure the Border Act of 
     2024, on the date that is 6 months after the date of the 
     enactment of title.
       ``(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 the Secure the Border Act of 2024, on the date that is 12 
     months after the date of the enactment of such title.
       ``(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 the 
     Secure the Border Act of 2024, on the date that is 18 months 
     after the date of the enactment of such title.
       ``(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 the Secure 
     the Border Act of 2024, on the date that is 24 months after 
     the date of the enactment of such title.

       ``(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 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 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 4814 
     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 
     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 4807(c) 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 
     4807(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 the Secure the Border Act of 2024, beginning on the date 
     that is 6 months after the date of the enactment of such 
     title.
       ``(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 the Secure the Border Act of 2024, beginning on the date 
     that is 12 months after the date of the enactment of such 
     title.
       ``(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 the 
     Secure the Border Act of 2024, beginning on the date that is 
     18 months after the date of the enactment of such title.
       ``(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 the Secure 
     the Border Act of 2024, beginning on the date that is 24 
     months after the date of the enactment of such title.
       ``(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 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.--
       ``(i) In general.--Not later than the date that is 6 months 
     after the date of the enactment of the Secure the Border Act 
     of 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

[[Page S672]]

     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 
     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 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 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 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. 4802. EMPLOYMENT ELIGIBILITY VERIFICATION SYSTEM.

       Section 274A(d) of the Immigration and Nationality Act (8 
     U.S.C. 1324a(d)) is amended to read as follows:
       ``(d) Employment Eligibility Verification System.--
       ``(1) In general.--Patterned on the employment eligibility 
     confirmation system established under section 404 of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996 (8 U.S.C. 1324a note), the Secretary of Homeland 
     Security shall establish and administer a verification system 
     through which the Secretary (or a designee of the Secretary, 
     which may be a nongovernmental entity)--
       ``(A) responds to inquiries made by persons at any time 
     through a toll-free electronic media concerning an 
     individual's identity and whether the individual is 
     authorized to be employed; and
       ``(B) maintains records of the inquiries that were made, of 
     verifications provided (or not provided), and of the codes 
     provided to inquirers as evidence of their compliance with 
     their obligations under this section.
       ``(2) Initial response.--The verification system shall 
     provide confirmation or a tentative nonconfirmation of an 
     individual's identity and employment eligibility within 3 
     working days of the initial inquiry. If providing 
     confirmation or tentative nonconfirmation, the verification 
     system shall provide an appropriate code indicating such 
     confirmation or such nonconfirmation.
       ``(3) Secondary confirmation process in case of tentative 
     nonconfirmation.--In cases of tentative nonconfirmation, the 
     Secretary shall specify, in consultation with the 
     Commissioner of Social Security, an available secondary 
     verification process to confirm the validity of information 
     provided and to provide a final confirmation or 
     nonconfirmation not later than 10 working days after the date 
     on which the notice of the tentative nonconfirmation is 
     received by the employee. The Secretary, in consultation with 
     the Commissioner, may extend this deadline once on a case-by-
     case basis for a period of 10 working days, and if the time 
     is

[[Page S673]]

     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. 4803. 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 
     4801(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. 4804. GOOD FAITH DEFENSE.

       Section 274A(a)(3) of the Immigration and Nationality Act 
     (8 U.S.C. 1324a(a)(3)) is amended to read as follows:
       ``(3) Good faith defense.--
       ``(A) Defense.--An employer (or person or entity that 
     hires, employs, recruits, or refers (as defined in subsection 
     (h)(5)), or is otherwise obligated to comply with this 
     section) who establishes that it has complied in good faith 
     with the requirements of subsection (b)--
       ``(i) shall not be liable to a job applicant, an employee, 
     the Federal Government, or a State or local government, under 
     Federal, State, or local criminal or civil law for any 
     employment-related action taken with respect to a job 
     applicant or employee in good-faith reliance on information 
     provided through the system established under subsection (d); 
     and
       ``(ii) has established compliance with its obligations 
     under subparagraphs (A) and (B) of paragraph (1) and 
     subsection (b) absent a showing by the Secretary of Homeland 
     Security, by clear and convincing evidence, that the employer 
     had knowledge that an employee is an unauthorized alien.
       ``(B) Mitigation element.--For purposes of subparagraph 
     (A)(i), if an employer proves by a preponderance of the 
     evidence that the employer uses a reasonable, secure, and 
     established technology to authenticate the identity of the 
     new employee, that fact shall be taken into account for 
     purposes of determining good faith use of the system 
     established under subsection (d).
       ``(C) Failure to seek and obtain verification.--Subject to 
     the effective dates and other deadlines applicable under 
     subsection (b), in the case of a person or entity in the 
     United States that hires, or continues to employ, an 
     individual, or recruits or refers an individual for 
     employment, the following requirements apply:
       ``(i) Failure to seek verification.--

       ``(I) In general.--If the person or entity has not made an 
     inquiry, under the mechanism established under subsection (d) 
     and in accordance with the timeframes established under 
     subsection (b), seeking verification of the identity and work 
     eligibility of the individual, the defense under subparagraph 
     (A) shall not be considered to apply with respect

[[Page S674]]

     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. 4805. 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. 4806. 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 4802.
       (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. 4807. 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;
       ``(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. 4808. 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

[[Page S675]]

     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. 4809. 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 4802, 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. 4810. 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 4802, 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 
     4802. 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 4802. The 
     Secretary may implement the program on a limited pilot 
     program basis before making it fully available to all 
     individuals.

     SEC. 4811. 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. 4812. 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. 4813. 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. 4814. AGRICULTURE WORKFORCE STUDY.

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

     SEC. 4815. 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.

[[Page S676]]

  


     SEC. 4816. 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.
                                 ______
                                 
  SA 1498. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 1388 proposed by Mrs. Murray (for herself and 
Mr. Schumer) to the bill H.R. 815, to amend title 38, United States 
Code, to make certain improvements relating to the eligibility of 
veterans to receive reimbursement for emergency treatment furnished 
through the Veterans Community Care program, and for other purposes; 
which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

               DIVISION C--SECURE THE BORDER ACT OF 2024

     SEC. 4001. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This division may be cited as the 
     ``Secure the Border Act of 2024''.
       (b) Table of Contents.--The table of contents for this 
     division is as follows:

               DIVISION C--SECURE THE BORDER ACT OF 2024

Sec. 4001. Short title; table of contents.

                        TITLE I--BORDER SECURITY

Sec. 4101. Definitions.
Sec. 4102. Border wall construction.
Sec. 4103. Strengthening the requirements for barriers along the 
              southern border.
Sec. 4104. Border and port security technology investment plan.
Sec. 4105. Border security technology program management.
Sec. 4106. U.S. Customs and Border Protection technology upgrades.
Sec. 4107. U.S. Customs and Border Protection personnel.
Sec. 4108. Anti-Border Corruption Act reauthorization.
Sec. 4109. Establishment of workload staffing models for U.S. Border 
              Patrol and Air and Marine Operations of CBP.
Sec. 4110. Operation Stonegarden.
Sec. 4111. Air and Marine Operations flight hours.
Sec. 4112. Eradication of carrizo cane and salt cedar.
Sec. 4113. Border patrol strategic plan.
Sec. 4114. U.S. Customs and Border Protection spiritual readiness.
Sec. 4115. Restrictions on funding.
Sec. 4116. Collection of DNA and biometric information at the border.
Sec. 4117. 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.
Sec. 4118. Publication by U.S. Customs and Border Protection of 
              operational statistics.
Sec. 4119. Alien criminal background checks.
Sec. 4120. Prohibited identification documents at airport security 
              checkpoints; notification to immigration agencies.
Sec. 4121. Prohibition against any COVID-19 vaccine mandate or adverse 
              action against DHS employees.
Sec. 4122. CBP One app limitation.
Sec. 4123. Report on Mexican drug cartels.
Sec. 4124. GAO study on costs incurred by States to secure the 
              southwest border.
Sec. 4125. Report by Inspector General of the Department of Homeland 
              Security.
Sec. 4126. Offsetting authorizations of appropriations.
Sec. 4127. Report to Congress on foreign terrorist organizations.
Sec. 4128. Assessment by Inspector General of the Department of 
              Homeland Security on the mitigation of unmanned aircraft 
              systems at the southwest border.

         TITLE II--IMMIGRATION ENFORCEMENT AND FOREIGN AFFAIRS

            Subtitle A--Asylum Reform and Border Protection

Sec. 5101. Safe third country.
Sec. 5102. Credible fear interviews.
Sec. 5103. Clarification of asylum eligibility.
Sec. 5104. Exceptions.
Sec. 5105. Employment authorization.
Sec. 5106. Asylum fees.
Sec. 5107. Rules for determining asylum eligibility.
Sec. 5108. Firm resettlement.
Sec. 5109. Notice concerning frivolous asylum applications.
Sec. 5110. Technical amendments.
Sec. 5111. Requirement for procedures relating to certain asylum 
              applications.

            Subtitle B--Border Safety and Migrant Protection

Sec. 5201. Inspection of applicants for admission.
Sec. 5202. Operational detention facilities.

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

Sec. 5301. United States policy regarding Western Hemisphere 
              cooperation on immigration and asylum.
Sec. 5302. Negotiations by Secretary of State.
Sec. 5303. Mandatory briefings on United States efforts to address the 
              border crisis.

           Subtitle D--Ensuring United Families at the Border

Sec. 5401. Clarification of standards for family detention.

                   Subtitle E--Protection of Children

Sec. 5501. Findings.
Sec. 5502. Repatriation of unaccompanied alien children.
Sec. 5503. Special immigrant juvenile status for immigrants unable to 
              reunite with either parent.
Sec. 5504. Rule of construction.

                  Subtitle F--Visa Overstays Penalties

Sec. 5601. Expanded penalties for illegal entry or presence.

                 Subtitle G--Immigration Parole Reform

Sec. 5701. Immigration parole reform.
Sec. 5702. Implementation.
Sec. 5703. Cause of action.
Sec. 5704. Severability.

                      Subtitle H--Legal Workforce

Sec. 5801. Employment eligibility verification process.
Sec. 5802. Employment eligibility verification system.
Sec. 5803. Recruitment, referral, and continuation of employment.
Sec. 5804. Good faith defense.
Sec. 5805. Preemption and States' rights.
Sec. 5806. Repeal.
Sec. 5807. Penalties.
Sec. 5808. Fraud and misuse of documents.
Sec. 5809. Protection of Social Security Administration programs.
Sec. 5810. Fraud prevention.
Sec. 5811. Use of employment eligibility verification photo tool.
Sec. 5812. Identity authentication employment eligibility verification 
              pilot programs.
Sec. 5813. Inspector General audits.
Sec. 5814. Agriculture workforce study.
Sec. 5815. Sense of Congress on further implementation.
Sec. 5816. Repealing regulations.

                        TITLE I--BORDER SECURITY

     SEC. 4101. 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. 4102. 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.

[[Page S677]]

       (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. 4103. STRENGTHENING THE REQUIREMENTS FOR BARRIERS ALONG 
                   THE SOUTHERN BORDER.

       Section 102 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (Division C of Public Law 104-208; 
     8 U.S.C. 1103 note) is amended--
       (1) by amending subsection (a) to read as follows:
       ``(a) In General.--The Secretary of Homeland Security shall 
     take such actions as may be necessary (including the removal 
     of obstacles to detection of illegal entrants) to design, 
     test, construct, install, deploy, integrate, and operate 
     physical barriers, tactical infrastructure, and technology in 
     the vicinity of the southwest border to achieve situational 
     awareness and operational control of the southwest border and 
     deter, impede, and detect unlawful activity.'';
       (2) in subsection (b)--
       (A) in the subsection heading, by striking ``Fencing and 
     Road Improvements'' and inserting ``Physical Barriers'';
       (B) in paragraph (1)--
       (i) in the heading, by striking ``fencing'' and inserting 
     ``barriers'';
       (ii) by amending subparagraph (A) to read as follows:
       ``(A) Reinforced barriers.--In carrying out this section, 
     the Secretary of Homeland Security shall construct a border 
     wall, including physical barriers, tactical infrastructure, 
     and technology, along not fewer than 900 miles of the 
     southwest border until situational awareness and operational 
     control of the southwest border is achieved.'';
       (iii) by amending subparagraph (B) to read as follows:
       ``(B) Physical barriers and tactical infrastructure.--In 
     carrying out this section, the Secretary of Homeland Security 
     shall deploy along the southwest border the most practical 
     and effective physical barriers, tactical infrastructure, and 
     technology available for achieving situational awareness and 
     operational control of the southwest border.'';
       (iv) in subparagraph (C)--

       (I) by amending clause (i) to read as follows:

       ``(i) In general.--In carrying out this section, the 
     Secretary of Homeland Security shall consult with the 
     Secretary of the Interior, the Secretary of Agriculture, 
     appropriate representatives of State, Tribal, and local 
     governments, and appropriate private property owners in the 
     United States to minimize the impact on natural resources, 
     commerce, and sites of historical or cultural significance 
     for the communities and residents located near the sites at 
     which physical barriers, tactical infrastructure, and 
     technology are to be constructed. Such consultation may not 
     delay such construction for longer than seven days.''; and

       (II) in clause (ii)--

       (aa) in subclause (I), by striking ``or'' after the 
     semicolon at the end;
       (bb) by amending subclause (II) to read as follows:

       ``(II) delay the transfer to the United States of the 
     possession of property or affect the validity of any property 
     acquisition by the United States by purchase or eminent 
     domain, or to otherwise affect the eminent domain laws of the 
     United States or of any State; or''; and

       (cc) by adding at the end the following new subclause:

       ``(III) create any right or liability for any party.''; and

       (v) by striking subparagraph (D);
       (C) in paragraph (2)--
       (i) by striking ``Attorney General'' and inserting 
     ``Secretary of Homeland Security'';
       (ii) by striking ``this subsection'' and inserting ``this 
     section''; and
       (iii) by striking ``construction of fences'' and inserting 
     ``the construction of physical barriers, tactical 
     infrastructure, and technology'';
       (D) by amending paragraph (3) to read as follows:
       ``(3) Agent safety.--In carrying out this section, the 
     Secretary of Homeland Security, when designing, testing, 
     constructing, installing, deploying, integrating, and 
     operating physical barriers, tactical infrastructure, or 
     technology, shall incorporate such safety features into such 
     design, test, construction, installation, deployment, 
     integration, or operation of such physical barriers, tactical 
     infrastructure, or technology, as the case may be, that the 
     Secretary determines are necessary to maximize the safety and 
     effectiveness of officers and agents of the Department of 
     Homeland Security or of any other Federal agency deployed in 
     the vicinity of such physical barriers, tactical 
     infrastructure, or technology.''; and
       (E) in paragraph (4), by striking ``this subsection'' and 
     inserting ``this section'';
       (3) in subsection (c)--
       (A) by amending paragraph (1) to read as follows:
       ``(1) In general.--Notwithstanding any other provision of 
     law, the Secretary of Homeland Security shall waive all legal 
     requirements necessary to ensure the expeditious design, 
     testing, construction, installation, deployment, integration, 
     operation, and maintenance of the physical barriers, tactical 
     infrastructure, and technology under this section. The 
     Secretary shall ensure the maintenance and effectiveness of 
     such physical barriers, tactical infrastructure, or 
     technology. Any such action by the Secretary shall be 
     effective upon publication in the Federal Register.'';
       (B) by redesignating paragraph (2) as paragraph (3); and
       (C) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2) Notification.--Not later than seven days after the 
     date on which the Secretary of Homeland Security exercises a 
     waiver pursuant to paragraph (1), the Secretary shall notify 
     the Committee on Homeland Security of the House of 
     Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate of such waiver.''; and
       (4) by adding at the end the following new subsections:
       ``(e) Technology.--In carrying out this section, the 
     Secretary of Homeland Security shall deploy along the 
     southwest border the most practical and effective technology 
     available for achieving situational awareness and operational 
     control.
       ``(f) Definitions.--In this section:
       ``(1) Advanced unattended surveillance sensors.--The term 
     `advanced unattended surveillance sensors' means sensors that 
     utilize an onboard computer to analyze detections in an 
     effort to discern between vehicles, humans, and animals, and 
     ultimately filter false positives prior to transmission.
       ``(2) Operational control.--The term `operational control' 
     has the meaning given such term in section 2(b) of the Secure 
     Fence Act of 2006 (Public Law 109-367; 8 U.S.C. 1701 note).
       ``(3) Physical barriers.--The term `physical barriers' 
     includes reinforced fencing, the border wall, and levee 
     walls.
       ``(4) Situational awareness.--The term `situational 
     awareness' has the meaning given such term in section 
     1092(a)(7) of the National Defense Authorization Act for 
     Fiscal Year 2017 (Public Law 114-328; 6 U.S.C. 223(a)(7)).
       ``(5) Tactical infrastructure.--The term `tactical 
     infrastructure' includes boat ramps, 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. 4104. 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.

[[Page S678]]

       (5) A description of each planned security-related 
     technology program, including objectives, goals, and 
     timelines for each such program.
       (6) An identification of each deployed security-related 
     technology that is at or near the end of the life cycle of 
     such technology.
       (7) A description of the test, evaluation, modeling, and 
     simulation capabilities, including target methodologies, 
     rationales, and timelines, necessary to support the 
     acquisition of security-related technologies pursuant to 
     paragraph (4).
       (8) An identification and assessment of ways to increase 
     opportunities for communication and collaboration with the 
     private sector, small and disadvantaged businesses, 
     intragovernment entities, university centers of excellence, 
     and federal laboratories to ensure CBP is able to engage with 
     the market for security-related technologies that are 
     available to satisfy its mission needs before engaging in an 
     acquisition of a security-related technology.
       (9) An assessment of the management of planned security-
     related technology programs by the acquisition workforce of 
     CBP.
       (10) An identification of ways to leverage already-existing 
     acquisition expertise within the Federal Government.
       (11) A description of the security resources, including 
     information security resources, required to protect security-
     related technology from physical or cyber theft, diversion, 
     sabotage, or attack.
       (12) A description of initiatives to--
       (A) streamline the acquisition process of CBP; and
       (B) provide to the private sector greater predictability 
     and transparency with respect to such process, including 
     information relating to the timeline for testing and 
     evaluation of security-related technology.
       (13) An assessment of the privacy and security impact on 
     border communities of security-related technology.
       (14) In the case of a new acquisition leading to the 
     removal of equipment from a port of entry along the northern 
     or southern border of the United States, a strategy to 
     consult with the private sector and community stakeholders 
     affected by such removal.
       (15) A strategy to consult with the private sector and 
     community stakeholders with respect to security impacts at a 
     port of entry described in paragraph (14).
       (16) An identification of recent technological advancements 
     in the following:
       (A) Manned aircraft sensor, communication, and common 
     operating picture technology.
       (B) Unmanned aerial systems and related technology, 
     including counter-unmanned aerial system technology.
       (C) Surveillance technology, including the following:
       (i) Mobile surveillance vehicles.
       (ii) Associated electronics, including cameras, sensor 
     technology, and radar.
       (iii) Tower-based surveillance technology.
       (iv) Advanced unattended surveillance sensors.
       (v) Deployable, lighter-than-air, ground surveillance 
     equipment.
       (D) Nonintrusive inspection technology, including non-x-ray 
     devices utilizing muon tomography and other advanced 
     detection technology.
       (E) Tunnel detection technology.
       (F) Communications equipment, including the following:
       (i) Radios.
       (ii) Long-term evolution broadband.
       (iii) Miniature satellites.
       (c) Leveraging the Private Sector.--To the extent 
     practicable, the plan shall--
       (1) leverage emerging technological capabilities, and 
     research and development trends, within the public and 
     private sectors;
       (2) incorporate input from the private sector, including 
     from border and port security stakeholders, through requests 
     for information, industry day events, and other innovative 
     means consistent with the Federal Acquisition Regulation; and
       (3) identify security-related technologies that are in 
     development or deployed, with or without adaptation, that may 
     satisfy the mission needs of CBP.
       (d) Form.--To the extent practicable, the plan shall be 
     published in unclassified form on the website of the 
     Department.
       (e) Disclosure.--The plan shall include an identification 
     of individuals not employed by the Federal Government, and 
     their professional affiliations, who contributed to the 
     development of the plan.
       (f) Update and Report.--Not later than the date that is two 
     years after the date on which the plan is submitted to the 
     appropriate congressional committees pursuant to subsection 
     (a) and biennially thereafter for ten years, the Commissioner 
     shall submit to the appropriate congressional committees--
       (1) an update of the plan, if appropriate; and
       (2) a report that includes--
       (A) the extent to which each security-related technology 
     acquired by CBP since the initial submission of the plan or 
     most recent update of the plan, as the case may be, is 
     consistent with the planned technology programs and projects 
     described pursuant to subsection (b)(5); and
       (B) the type of contract and the reason for acquiring each 
     such security-related technology.
       (g) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Homeland Security and the Committee on 
     Appropriations of the House of Representatives; and
       (B) the Committee on Homeland Security and Governmental 
     Affairs and the Committee on Appropriations of the Senate.
       (2) Covered officials.--The term ``covered officials'' 
     means--
       (A) the Under Secretary for Management of the Department;
       (B) the Under Secretary for Science and Technology of the 
     Department; and
       (C) the Chief Information Officer of the Department.
       (3) Unlawfully present.--The term ``unlawfully present'' 
     has the meaning provided such term in section 
     212(a)(9)(B)(ii) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)(9)(B)(ii)).

     SEC. 4105. 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. 4106. 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.--

[[Page S679]]

       (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. 4107. 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. 4108. ANTI-BORDER CORRUPTION ACT REAUTHORIZATION.

       (a) Hiring Flexibility.--Section 3 of the Anti-Border 
     Corruption Act of 2010 (6 U.S.C. 221; Public Law 111-376) is 
     amended by striking subsection (b) and inserting the 
     following new subsections:
       ``(b) Waiver Requirement.--Subject to subsection (c), the 
     Commissioner of U.S. Customs and Border Protection shall 
     waive the application of subsection (a)(1)--
       ``(1) to a current, full-time law enforcement officer 
     employed by a State or local law enforcement agency who--
       ``(A) has continuously served as a law enforcement officer 
     for not fewer than three years;
       ``(B) is authorized by law to engage in or supervise the 
     prevention, detection, investigation, or prosecution of, or 
     the incarceration of any person for, any violation of law, 
     and has statutory powers for arrest or apprehension; and
       ``(C) is not currently under investigation, has not been 
     found to have engaged in criminal activity or serious 
     misconduct, has not resigned from a law enforcement officer 
     position under investigation or in lieu of termination, and 
     has not been dismissed from a law enforcement officer 
     position;
       ``(2) to a current, full-time Federal law enforcement 
     officer who--
       ``(A) has continuously served as a law enforcement officer 
     for not fewer than three years;
       ``(B) is authorized to make arrests, conduct 
     investigations, conduct searches, make seizures, carry 
     firearms, and serve orders, warrants, and other processes;
       ``(C) is not currently under investigation, has not been 
     found to have engaged in criminal activity or serious 
     misconduct, has not resigned from a law enforcement officer 
     position under investigation or in lieu of termination, and 
     has not been dismissed from a law enforcement officer 
     position; and
       ``(D) holds a current Tier 4 background investigation or 
     current Tier 5 background investigation; or
       ``(3) to a member of the Armed Forces (or a reserve 
     component thereof) or a veteran, if such individual--
       ``(A) has served in the Armed Forces for not fewer than 
     three years;
       ``(B) holds, or has held within the past five years, a 
     Secret, Top Secret, or Top Secret/Sensitive Compartmented 
     Information clearance;
       ``(C) holds, or has undergone within the past five years, a 
     current Tier 4 background investigation or current Tier 5 
     background investigation;
       ``(D) received, or is eligible to receive, an honorable 
     discharge from service in the Armed Forces and has not 
     engaged in criminal activity or committed a serious military 
     or civil offense under the Uniform Code of Military Justice; 
     and
       ``(E) was not granted any waivers to obtain the clearance 
     referred to in subparagraph (B).
       ``(c) Termination of Waiver Requirement; Snap-Back.--The 
     requirement to issue a waiver under subsection (b) shall 
     terminate if the Commissioner of U.S. Customs and Border 
     Protection (CBP) certifies to the Committee on Homeland 
     Security of the House of Representatives and the Committee on 
     Homeland Security and Governmental Affairs of the Senate that 
     CBP has met all requirements pursuant to section 4107 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 this section 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. 4109. 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--

[[Page S680]]

       (1) by redesignating paragraphs (18) and (19) as paragraphs 
     (20) and (21), respectively; and
       (2) by inserting after paragraph (17) the following new 
     paragraphs:
       ``(18) implement a staffing model for the U.S. Border 
     Patrol, Air and Marine Operations, and the Office of Field 
     Operations that includes consideration for essential 
     frontline operator activities and functions, variations in 
     operating environments, present and planned infrastructure, 
     present and planned technology, and required operations 
     support levels to enable such entities to manage and assign 
     personnel of such entities to ensure field and support posts 
     possess adequate resources to carry out duties specified in 
     this section;
       ``(19) develop standard operating procedures for a 
     workforce tracking system within the U.S. Border Patrol, Air 
     and Marine Operations, and the Office of Field Operations, 
     train the workforce of each of such entities on the use, 
     capabilities, and purpose of such system, and implement 
     internal controls to ensure timely and accurate scheduling 
     and reporting of actual completed work hours and 
     activities;''.
       (c) Report.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act with respect to subsection (a) and 
     paragraphs (18) and (19) of section 411(c) of the Homeland 
     Security Act of 2002 (as amended by subsection (b)), and 
     annually thereafter with respect to such paragraphs (18) and 
     (19), the Secretary shall submit to the appropriate 
     congressional committees a report that includes a status 
     update on the following:
       (A) The implementation of such subsection (a) and such 
     paragraphs (18) and (19).
       (B) Each relevant workload staffing model.
       (2) Data sources and methodology required.--Each report 
     required under paragraph (1) shall include information 
     relating to the data sources and methodology used to generate 
     each relevant staffing model.
       (d) Inspector General Review.--Not later than 90 days after 
     the Commissioner develops the workload staffing models 
     pursuant to subsection (a), the Inspector General of the 
     Department shall review such models and provide feedback to 
     the Secretary and the appropriate congressional committees 
     with respect to the degree to which such models are 
     responsive to the recommendations of the Inspector General, 
     including the following:
       (1) Recommendations from the Inspector General's February 
     2019 audit.
       (2) Any further recommendations to improve such models.
       (e) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Homeland Security of the House of 
     Representatives; and
       (2) the Committee on Homeland Security and Governmental 
     Affairs of the Senate.

     SEC. 4110. 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. 4111. 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 4111 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)).

[[Page S681]]

  


     SEC. 4112. 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 4103 of this title, 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. 4113. BORDER PATROL STRATEGIC PLAN.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act and biennially thereafter, the 
     Commissioner, acting through the Chief of the U.S. Border 
     Patrol, shall issue a Border Patrol Strategic Plan (referred 
     to in this section as the ``plan'') to enhance the security 
     of the borders of the United States.
       (b) Elements.--The plan shall include the following:
       (1) A consideration of Border Patrol Capability Gap 
     Analysis reporting, Border Security Improvement Plans, and 
     any other strategic document authored by the U.S. Border 
     Patrol to address security gaps between ports of entry, 
     including efforts to mitigate threats identified in such 
     analyses, plans, and documents.
       (2) Information relating to the dissemination of 
     information relating to border security or border threats 
     with respect to the efforts of the Department and other 
     appropriate Federal agencies.
       (3) Information relating to efforts by U.S. Border Patrol 
     to--
       (A) increase situational awareness, including--
       (i) surveillance capabilities, such as capabilities 
     developed or utilized by the Department of Defense, and any 
     appropriate technology determined to be excess by the 
     Department of Defense; and
       (ii) the use of manned aircraft and unmanned aircraft;
       (B) detect and prevent terrorists and instruments of 
     terrorism from entering the United States;
       (C) detect, interdict, and disrupt between ports of entry 
     aliens unlawfully present in the United States;
       (D) detect, interdict, and disrupt human smuggling, human 
     trafficking, drug trafficking, and other illicit cross-border 
     activity;
       (E) focus intelligence collection to disrupt transnational 
     criminal organizations outside of the international and 
     maritime borders of the United States; and
       (F) ensure that any new border security technology can be 
     operationally integrated with existing technologies in use by 
     the Department.
       (4) Information relating to initiatives of the Department 
     with respect to operational coordination, including any 
     relevant task forces of the Department.
       (5) Information gathered from the lessons learned by the 
     deployments of the National Guard to the southern border of 
     the United States.
       (6) A description of cooperative agreements relating to 
     information sharing with State, local, Tribal, territorial, 
     and other Federal law enforcement agencies that have 
     jurisdiction on the borders of the United States.
       (7) Information relating to border security information 
     received from the following:
       (A) State, local, Tribal, territorial, and other Federal 
     law enforcement agencies that have jurisdiction on the 
     borders of the United States or in the maritime environment.
       (B) Border community stakeholders, including 
     representatives from the following:
       (i) Border agricultural and ranching organizations.
       (ii) Business and civic organizations.
       (iii) Hospitals and rural clinics within 150 miles of the 
     borders of the United States.
       (iv) Victims of crime committed by aliens unlawfully 
     present in the United States.
       (v) Victims impacted by drugs, transnational criminal 
     organizations, cartels, gangs, or other criminal activity.
       (vi) Farmers, ranchers, and property owners along the 
     border.
       (vii) Other individuals negatively impacted by illegal 
     immigration.
       (8) Information relating to the staffing requirements with 
     respect to border security for the Department.
       (9) A prioritized list of Department research and 
     development objectives to enhance the security of the borders 
     of the United States.
       (10) An assessment of training programs, including such 
     programs relating to the following:
       (A) Identifying and detecting fraudulent documents.
       (B) Understanding the scope of CBP enforcement authorities 
     and appropriate use of force policies.
       (C) Screening, identifying, and addressing vulnerable 
     populations, such as children and victims of human 
     trafficking.

     SEC. 4114. 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. 4115. 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. 4116. 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. 4117. 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. 4118. 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.

[[Page S682]]

       (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. 4119. ALIEN CRIMINAL BACKGROUND CHECKS.

       (a) In General.--Not later than seven days after the date 
     of the enactment of this Act, the Commissioner shall certify 
     to the Committee on Homeland Security and the Committee on 
     the Judiciary of the House of Representatives and the 
     Committee on Homeland Security and Governmental Affairs and 
     the Committee on the Judiciary of the Senate that CBP has 
     real-time access to the criminal history databases of all 
     countries of origin and transit for aliens encountered by CBP 
     to perform criminal history background checks for such 
     aliens.
       (b) Standards.--The certification required under subsection 
     (a) shall also include a determination whether the criminal 
     history databases of a country are accurate, up to date, 
     digitized, searchable, and otherwise meet the standards of 
     the Federal Bureau of Investigation for criminal history 
     databases maintained by State and local governments.
       (c) Certification.--The Secretary shall annually submit to 
     the Committee on Homeland Security and the Committee on the 
     Judiciary of the House of Representatives and the Committee 
     on Homeland Security and Governmental Affairs and the 
     Committee on the Judiciary of the Senate a certification that 
     each database referred to in subsection (b) which the 
     Secretary accessed or sought to access pursuant to this 
     section met the standards described in subsection (b).

     SEC. 4120. 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. 4121. 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

[[Page S683]]

     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. 4122. 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. 4123. 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. 4124. GAO STUDY ON COSTS INCURRED BY STATES TO SECURE 
                   THE SOUTHWEST BORDER.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall conduct a study to examine the costs 
     incurred by individual States as a result of actions taken by 
     such States in support of the Federal mission to secure the 
     southwest border, and the feasibility of a program to 
     reimburse such States for such costs.
       (b) Contents.--The study required under subsection (a) 
     shall include consideration of the following:
       (1) Actions taken by the Department of Homeland Security 
     that have contributed to costs described in such subsection 
     incurred by States to secure the border in the absence of 
     Federal action, including the termination of the Migrant 
     Protection Protocols and cancellation of border wall 
     construction.
       (2) Actions taken by individual States along the southwest 
     border to secure their borders, and the costs associated with 
     such actions.
       (3) The feasibility of a program within the Department of 
     Homeland Security to reimburse States for the costs incurred 
     in support of the Federal mission to secure the southwest 
     border.

     SEC. 4125. 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. 4126. 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. 4127. 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. 4128. 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. 5101. 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. 5102. 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.''.

[[Page S684]]

  


     SEC. 5103. 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. 5104. EXCEPTIONS.

       Paragraph (2) of section 208(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1158(b)(2)) is amended to read as 
     follows:
       ``(2) Exceptions.--
       ``(A) In general.--Paragraph (1) shall not apply to an 
     alien if the Secretary of Homeland Security or the Attorney 
     General determines that--
       ``(i) the alien ordered, incited, assisted, or otherwise 
     participated in the persecution of any person on account of 
     race, religion, nationality, membership in a particular 
     social group, or political opinion;
       ``(ii) the alien has been convicted of any felony under 
     Federal, State, tribal, or local law;
       ``(iii) the alien has been convicted of any misdemeanor 
     offense under Federal, State, tribal, or local law 
     involving--

       ``(I) the unlawful possession or use of an identification 
     document, authentication feature, or false identification 
     document (as those terms and phrases are defined in the 
     jurisdiction where the conviction occurred), unless the alien 
     can establish that the conviction resulted from circumstances 
     showing that--

       ``(aa) the document or feature was presented before 
     boarding a common carrier;
       ``(bb) the document or feature related to the alien's 
     eligibility to enter the United States;
       ``(cc) the alien used the document or feature to depart a 
     country wherein the alien has claimed a fear of persecution; 
     and
       ``(dd) the alien claimed a fear of persecution without 
     delay upon presenting himself or herself to an immigration 
     officer upon arrival at a United States port of entry;

       ``(II) the unlawful receipt of a Federal public benefit (as 
     defined in section 401(c) of the Personal Responsibility and 
     Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 
     1611(c))), from a Federal entity, or the unlawful receipt of 
     similar public benefits from a State, tribal, or local 
     entity; or
       ``(III) possession or trafficking of a controlled substance 
     or controlled substance paraphernalia, as those phrases are 
     defined under the law of the jurisdiction where the 
     conviction occurred, other than a single offense involving 
     possession for one's own use of 30 grams or less of marijuana 
     (as marijuana is defined under the law of the jurisdiction 
     where the conviction occurred);

       ``(iv) the alien has been convicted of an offense arising 
     under paragraph (1)(A) or (2) of section 274(a), or under 
     section 276;
       ``(v) the alien has been convicted of a Federal, State, 
     tribal, or local crime that the Attorney General or Secretary 
     of Homeland Security knows, or has reason to believe, was 
     committed in support, promotion, or furtherance of the 
     activity of a criminal street gang (as defined under the law 
     of the jurisdiction where the conviction occurred or in 
     section 521(a) of title 18, United States Code);
       ``(vi) the alien has been convicted of an offense for 
     driving while intoxicated or impaired, as those terms are 
     defined under the law of the jurisdiction where the 
     conviction occurred (including a conviction for driving while 
     under the influence of or impaired by alcohol or drugs), 
     without regard to whether the conviction is classified as a 
     misdemeanor or felony under Federal, State, tribal, or local 
     law, in which such intoxicated or impaired driving was a 
     cause of serious bodily injury or death of another person;
       ``(vii) the alien has been convicted of more than one 
     offense for driving while intoxicated or impaired, as those 
     terms are defined under the law of the jurisdiction where the 
     conviction occurred (including a conviction for driving while 
     under the influence of or impaired by alcohol or drugs), 
     without regard to whether the conviction is classified as a 
     misdemeanor or felony under Federal, State, tribal, or local 
     law;
       ``(viii) the alien has been convicted of a crime--

       ``(I) that involves conduct amounting to a crime of 
     stalking;
       ``(II) of child abuse, child neglect, or child abandonment; 
     or
       ``(III) that involves conduct amounting to a domestic 
     assault or battery offense, including--

       ``(aa) a misdemeanor crime of domestic violence, as 
     described in section 921(a)(33) of title 18, United States 
     Code;
       ``(bb) a crime of domestic violence, as described in 
     section 40002(a)(12) of the Violence Against Women Act of 
     1994 (34 U.S.C. 12291(a)(12)); or
       ``(cc) any crime based on conduct in which the alien 
     harassed, coerced, intimidated, voluntarily or recklessly 
     used (or threatened to use) force or violence against, or 
     inflicted physical injury or physical pain, however slight, 
     upon a person--
       ``(AA) who is a current or former spouse of the alien;
       ``(BB) with whom the alien shares a child;
       ``(CC) who is cohabitating with, or who has cohabitated 
     with, the alien as a spouse;
       ``(DD) who is similarly situated to a spouse of the alien 
     under the domestic or family violence laws of the 
     jurisdiction where the offense occurred; or
       ``(EE) who is protected from that alien's acts under the 
     domestic or family violence laws of the United States or of 
     any State, tribal government, or unit of local government;
       ``(ix) the alien has engaged in acts of battery or extreme 
     cruelty upon a person and the person--

       ``(I) is a current or former spouse of the alien;
       ``(II) shares a child with the alien;
       ``(III) cohabitates or has cohabitated with the alien as a 
     spouse;
       ``(IV) is similarly situated to a spouse of the alien under 
     the domestic or family violence laws of the jurisdiction 
     where the offense occurred; or
       ``(V) is protected from that alien's acts under the 
     domestic or family violence laws of the United States or of 
     any State, tribal government, or unit of local government;

       ``(x) the alien, having been convicted by a final judgment 
     of a particularly serious crime, constitutes a danger to the 
     community of the United States;
       ``(xi) there are serious reasons for believing that the 
     alien has committed a serious nonpolitical crime outside the 
     United States prior to the arrival of the alien in the United 
     States;
       ``(xii) there are reasonable grounds for regarding the 
     alien as a danger to the security of the United States;
       ``(xiii) the alien is described in subclause (I), (II), 
     (III), (IV), or (VI) of section 212(a)(3)(B)(i) or section 
     237(a)(4)(B) (relating to terrorist activity), unless, in the 
     case only of an alien inadmissible under subclause (IV) 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.

[[Page S685]]

       ``(III) Battery or extreme cruelty.--In making a 
     determination under subparagraph (A)(ix), the phrase `battery 
     or extreme cruelty' includes--

       ``(aa) any act or threatened act of violence, including any 
     forceful detention, which results or threatens to result in 
     physical or mental injury;
       ``(bb) psychological or sexual abuse or exploitation, 
     including rape, molestation, incest, or forced prostitution, 
     shall be considered acts of violence; and
       ``(cc) other abusive acts, including acts that, in and of 
     themselves, may not initially appear violent, but that are a 
     part of an overall pattern of violence.

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

       ``(C) Specific circumstances.--Paragraph (1) shall not 
     apply to an alien whose claim is based on--
       ``(i) personal animus or retribution, including personal 
     animus in which the alleged persecutor has not targeted, or 
     manifested an animus against, other members of an alleged 
     particular social group in addition to the member who has 
     raised the claim at issue;
       ``(ii) the applicant's generalized disapproval of, 
     disagreement with, or opposition to criminal, terrorist, 
     gang, guerilla, or other non-state organizations absent 
     expressive behavior in furtherance of a discrete cause 
     against such organizations related to control of a State or 
     expressive behavior that is antithetical to the State or a 
     legal unit of the State;
       ``(iii) the applicant's resistance to recruitment or 
     coercion by guerrilla, criminal, gang, terrorist, or other 
     non-state organizations;
       ``(iv) the targeting of the applicant for criminal activity 
     for financial gain based on wealth or affluence or 
     perceptions of wealth or affluence;
       ``(v) the applicant's criminal activity; or
       ``(vi) the applicant's perceived, past or present, gang 
     affiliation.
       ``(D) Definitions and clarifications.--
       ``(i) Definitions.--For purposes of this paragraph:

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

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

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

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

       ``(I) Construction.--For purposes of this paragraph, 
     whether any activity or conviction also may constitute a 
     basis for removal is immaterial to a determination of asylum 
     eligibility.
       ``(II) Attempt, conspiracy, or solicitation.--For purposes 
     of this paragraph, all references to a criminal offense or 
     criminal conviction shall be deemed to include any attempt, 
     conspiracy, or solicitation to commit the offense or any 
     other inchoate form of the offense.
       ``(III) Effect of certain orders.--

       ``(aa) In general.--No order vacating a conviction, 
     modifying a sentence, clarifying a sentence, or otherwise 
     altering a conviction or sentence shall have any effect under 
     this paragraph unless the Attorney General or Secretary of 
     Homeland Security determines that--
       ``(AA) the court issuing the order had jurisdiction and 
     authority to do so; and
       ``(BB) the order was not entered for rehabilitative 
     purposes or for purposes of ameliorating the immigration 
     consequences of the conviction or sentence.
       ``(bb) Ameliorating immigration consequences.--For purposes 
     of item (aa)(BB), the order shall be presumed to be for the 
     purpose of ameliorating immigration consequences if--
       ``(AA) the order was entered after the initiation of any 
     proceeding to remove the alien from the United States; or
       ``(BB) the alien moved for the order more than one year 
     after the date of the original order of conviction or 
     sentencing, whichever is later.
       ``(cc) Authority of immigration judge.--An immigration 
     judge is not limited to consideration only of material 
     included in any order vacating a conviction, modifying a 
     sentence, or clarifying a sentence to determine whether such 
     order should be given any effect under this paragraph, but 
     may consider such additional information as the immigration 
     judge determines appropriate.
       ``(E) Additional limitations.--The Secretary of Homeland 
     Security or the Attorney General may by regulation establish 
     additional limitations and conditions, consistent with this 
     section, under which an alien shall be ineligible for asylum 
     under paragraph (1).
       ``(F) No judicial review.--There shall be no judicial 
     review of a determination of the Secretary of Homeland 
     Security or the Attorney General under subparagraph 
     (A)(xiii).''.

     SEC. 5105. 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. 5106. 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. 5107. 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

[[Page S686]]

     other non-state organizations and does not include expressive 
     behavior in furtherance of a cause against such organizations 
     related to efforts by the State to control such organizations 
     or behavior that is antithetical to or otherwise opposes the 
     ruling legal entity of the State or a unit thereof.
       ``(3) Persecution.--The Secretary of Homeland Security or 
     the Attorney General may not determine that an alien has been 
     subject to persecution or has a well-founded fear of 
     persecution based only on--
       ``(A) the existence of laws or government policies that are 
     unenforced or infrequently enforced, unless there is credible 
     evidence that such a law or policy has been or would be 
     applied to the applicant personally; or
       ``(B) the conduct of rogue foreign government officials 
     acting outside the scope of their official capacity.
       ``(4) Discretionary determination.--
       ``(A) Adverse discretionary factors.--The Secretary of 
     Homeland Security or the Attorney General may only grant 
     asylum to an alien if the alien establishes that he or she 
     warrants a favorable exercise of discretion. In making such a 
     determination, the Attorney General or Secretary of Homeland 
     Security shall consider, if applicable, an alien's use of 
     fraudulent documents to enter the United States, unless the 
     alien arrived in the United States by air, sea, or land 
     directly from the applicant's home country without transiting 
     through any other country.
       ``(B) Favorable exercise of discretion not permitted.--
     Except as provided in subparagraph (C), the Attorney General 
     or Secretary of Homeland Security shall not favorably 
     exercise discretion under this section for any alien who--
       ``(i) has accrued more than one year of unlawful presence 
     in the United States, as defined in sections 212(a)(9)(B)(ii) 
     and (iii), prior to filing an application for asylum;
       ``(ii) at the time the asylum application is filed with the 
     immigration court or is referred from the Department of 
     Homeland Security, has--

       ``(I) failed to timely file (or timely file a request for 
     an extension of time to file) any required Federal, State, or 
     local income tax returns;
       ``(II) failed to satisfy any outstanding Federal, State, or 
     local tax obligations; or
       ``(III) income that would result in tax liability under 
     section 1 of the Internal Revenue Code of 1986 and that was 
     not reported to the Internal Revenue Service;

       ``(iii) has had two or more prior asylum applications 
     denied for any reason;
       ``(iv) has withdrawn a prior asylum application with 
     prejudice or been found to have abandoned a prior asylum 
     application;
       ``(v) failed to attend an interview regarding his or her 
     asylum application with the Department of Homeland Security, 
     unless the alien shows by a preponderance of the evidence 
     that--

       ``(I) exceptional circumstances prevented the alien from 
     attending the interview; or
       ``(II) the interview notice was not mailed to the last 
     address provided by the alien or the alien's representative 
     and neither the alien nor the alien's representative received 
     notice of the interview; or

       ``(vi) was subject to a final order of removal, 
     deportation, or exclusion and did not file a motion to reopen 
     to seek asylum based on changed country conditions within one 
     year of the change in country conditions.
       ``(C) Exceptions.--If one or more of the adverse 
     discretionary factors set forth in subparagraph (B) are 
     present, the Attorney General or the Secretary, may, 
     notwithstanding such subparagraph (B), favorably exercise 
     discretion under section 208--
       ``(i) in extraordinary circumstances, such as those 
     involving national security or foreign policy considerations; 
     or
       ``(ii) if the alien, by clear and convincing evidence, 
     demonstrates that the denial of the application for asylum 
     would result in exceptional and extremely unusual hardship to 
     the alien.
       ``(5) Limitation.--If the Secretary or the Attorney General 
     determines that an alien fails to satisfy the requirement 
     under paragraph (1), the alien may not be granted asylum 
     based on membership in a particular social group, and may not 
     appeal the determination of the Secretary or Attorney 
     General, as applicable. A determination under this paragraph 
     shall not serve as the basis for any motion to reopen or 
     reconsider an application for asylum or withholding of 
     removal for any reason, including a claim of ineffective 
     assistance of counsel, unless the alien complies with the 
     procedural requirements for such a motion and demonstrates 
     that counsel's failure to define, or provide a basis for 
     defining, a formulation of a particular social group was both 
     not a strategic choice and constituted egregious conduct.
       ``(6) Stereotypes.--Evidence offered in support of an 
     application for asylum that promotes cultural stereotypes 
     about a country, its inhabitants, or an alleged persecutor, 
     including stereotypes based on race, religion, nationality, 
     or gender, shall not be admissible in adjudicating that 
     application, except that evidence that an alleged persecutor 
     holds stereotypical views of the applicant shall be 
     admissible.
       ``(7) Definitions.--In this section:
       ``(A) The term `membership in a particular social group' 
     means membership in a group that is--
       ``(i) composed of members who share a common immutable 
     characteristic;
       ``(ii) defined with particularity; and
       ``(iii) socially distinct within the society in question.
       ``(B) The term `political opinion' means an ideal or 
     conviction in support of the furtherance of a discrete cause 
     related to political control of a state or a unit thereof.
       ``(C) The term `persecution' means the infliction of a 
     severe level of harm constituting an exigent threat by the 
     government of a country or by persons or an organization that 
     the government was unable or unwilling to control. Such term 
     does not include--
       ``(i) generalized harm or violence that arises out of 
     civil, criminal, or military strife in a country;
       ``(ii) all treatment that the United States regards as 
     unfair, offensive, unjust, unlawful, or unconstitutional;
       ``(iii) intermittent harassment, including brief 
     detentions;
       ``(iv) threats with no actual effort to carry out the 
     threats, except that particularized threats of severe harm of 
     an immediate and menacing nature made by an identified entity 
     may constitute persecution; or
       ``(v) non-severe economic harm or property damage.''.

     SEC. 5108. 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. 5109. 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

[[Page S687]]

     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. 5110. TECHNICAL AMENDMENTS.

       Section 208 of the Immigration and Nationality Act (8 
     U.S.C. 1158) is amended--
       (1) in subsection (a)--
       (A) in paragraph (2)(D), by inserting ``Secretary of 
     Homeland Security or the'' before ``Attorney General''; and
       (B) in paragraph (3), by inserting ``Secretary of Homeland 
     Security or the'' before ``Attorney General'';
       (2) in subsection (c)--
       (A) in paragraph (1), by striking ``Attorney General'' each 
     place such term appears and inserting ``Secretary of Homeland 
     Security'';
       (B) in paragraph (2), in the matter preceding subparagraph 
     (A), by inserting ``Secretary of Homeland Security or the'' 
     before ``Attorney General''; and
       (C) in paragraph (3), by inserting ``Secretary of Homeland 
     Security or the'' before ``Attorney General''; and
       (3) in subsection (d)--
       (A) in paragraph (1), by inserting ``Secretary of Homeland 
     Security or the'' before ``Attorney General'' each place such 
     term appears; and
       (B) in paragraph (5)--
       (i) in subparagraph (A), by striking ``Attorney General'' 
     and inserting ``Secretary of Homeland Security''; and
       (ii) in subparagraph (B), by inserting ``Secretary of 
     Homeland Security or the'' before ``Attorney General''.

     SEC. 5111. 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. 5201. 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. 5202. 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

[[Page S688]]

     Act, and every 90 days thereafter until September 30, 2027, 
     the Secretary of Homeland Security shall submit to the 
     appropriate congressional committees a detailed plan for and 
     a status report on--
       (1) compliance with the deadline under subsection (a);
       (2) the increase in detention capabilities required by this 
     section--
       (A) for the 90 day period immediately preceding the date 
     such report is submitted; and
       (B) for the period beginning on the first day of the fiscal 
     year during which the report is submitted, and ending on the 
     date such report is submitted;
       (3) the number of detention beds that were used and the 
     number of available detention beds that were not used 
     during--
       (A) the 90 day period immediately preceding the date such 
     report is submitted; and
       (B) the period beginning on the first day of the fiscal 
     year during which the report is submitted, and ending on the 
     date such report is submitted;
       (4) the number of aliens released due to a lack of 
     available detention beds; and
       (5) the resources the Department of Homeland Security needs 
     in order to comply with the requirements under this section.
       (e) Notification.--The Secretary of Homeland Security shall 
     notify Congress, and include with such notification a 
     detailed description of the resources the Department of 
     Homeland Security needs in order to detain all aliens whose 
     detention is mandatory or nondiscretionary under the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.)--
       (1) not later than 5 days after all U.S. Immigration and 
     Customs Enforcement detention facilities reach 90 percent of 
     capacity;
       (2) not later than 5 days after all U.S. Immigration and 
     Customs Enforcement detention facilities reach 95 percent of 
     capacity; and
       (3) not later than 5 days after all U.S. Immigration and 
     Customs Enforcement detention facilities reach full capacity.
       (f) Appropriate Congressional Committees.--In this section, 
     the term ``appropriate congressional committees'' means--
       (1) the Committee on the Judiciary of the House of 
     Representatives;
       (2) the Committee on Appropriations of the House of 
     Representatives;
       (3) the Committee on the Judiciary of the Senate; and
       (4) the Committee on Appropriations of the Senate.

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

     SEC. 5301. 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. 5302. 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. 5303. 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 5302 of this subtitle 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. 5401. 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.

[[Page S689]]

  


                   Subtitle E--Protection of Children

     SEC. 5501. FINDINGS.

       Congress makes the following findings:
       (1) Implementation of the provisions of the Trafficking 
     Victims Protection Reauthorization Act of 2008 that govern 
     unaccompanied alien children has incentivized multiple surges 
     of unaccompanied alien children arriving at the southwest 
     border in the years since the bill's enactment.
       (2) The provisions of the Trafficking Victims Protection 
     Reauthorization Act of 2008 that govern unaccompanied alien 
     children treat unaccompanied alien children from countries 
     that are contiguous to the United States disparately by 
     swiftly returning them to their home country absent 
     indications of trafficking or a credible fear of return, but 
     allowing for the release of unaccompanied alien children from 
     noncontiguous countries into the interior of the United 
     States, often to those individuals who paid to smuggle them 
     into the country in the first place.
       (3) The provisions of the Trafficking Victims Protection 
     Reauthorization Act of 2008 governing unaccompanied alien 
     children have enriched the cartels, who profit hundreds of 
     millions of dollars each year by smuggling unaccompanied 
     alien children to the southwest border, exploiting and 
     sexually abusing many such unaccompanied alien children on 
     the perilous journey.
       (4) Prior to 2008, the number of unaccompanied alien 
     children encountered at the southwest border never exceeded 
     1,000 in a single year.
       (5) The United States is currently in the midst of the 
     worst crisis of unaccompanied alien children in our nation's 
     history, with over 350,000 such unaccompanied alien children 
     encountered at the southwest border since Joe Biden became 
     President.
       (6) In 2022, during the Biden Administration, 152,057 
     unaccompanied alien children were encountered, the most ever 
     in a single year and an over 400 percent increase compared to 
     the last full fiscal year of the Trump Administration in 
     which 33,239 unaccompanied alien children were encountered.
       (7) The Biden Administration has lost contact with at least 
     85,000 unaccompanied alien children who entered the United 
     States since Joe Biden took office.
       (8) The Biden Administration dismantled effective 
     safeguards put in place by the Trump Administration that 
     protected unaccompanied alien children from being abused by 
     criminals or exploited for illegal and dangerous child labor.
       (9) A recent New York Times investigation found that 
     unaccompanied alien children are being exploited in the labor 
     market and ``are ending up in some of the most punishing jobs 
     in the country.''.
       (10) The Times investigation found unaccompanied alien 
     children, ``under intense pressure to earn money'' in order 
     to ``send cash back to their families while often being in 
     debt to their sponsors for smuggling fees, rent, and living 
     expenses,'' feared ``that they had become trapped in 
     circumstances they never could have imagined.''.
       (11) The Biden Administration's Department of Health and 
     Human Services Secretary Xavier Becerra compared placing 
     unaccompanied alien children with sponsors, to widgets in an 
     assembly line, stating that, ``If Henry Ford had seen this in 
     his plant, he would have never become famous and rich. This 
     is not the way you do an assembly line.''.
       (12) Department of Health and Human Services employees 
     working under Secretary Xavier Becerra's leadership penned a 
     July 2021 memorandum expressing serious concern that ``labor 
     trafficking was increasing'' and that the agency had become 
     ``one that rewards individuals for making quick releases, and 
     not one that rewards individuals for preventing unsafe 
     releases.''.
       (13) Despite this, Secretary Xavier Becerra pressured then-
     Director of the Office of Refugee Resettlement Cindy Huang to 
     prioritize releases of unaccompanied alien children over 
     ensuring their safety, telling her ``if she could not 
     increase the number of discharges he would find someone who 
     could'' and then-Director Huang resigned one month later.
       (14) In June 2014, the Obama-Biden Administration requested 
     legal authority to exercise discretion in returning and 
     removing unaccompanied alien children from non-contiguous 
     countries back to their home countries.
       (15) In August 2014, the House of Representatives passed 
     H.R. 5320, which included the Protection of Children Act.
       (16) This subtitle ends the disparate policies of the 
     Trafficking Victims Protection Reauthorization Act of 2008 by 
     ensuring the swift return of all unaccompanied alien children 
     to their country of origin if they are not victims of 
     trafficking and do not have a fear of return.

     SEC. 5502. 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. 5503. 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. 5504. 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))):

[[Page S690]]

       (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. 5601. EXPANDED PENALTIES FOR ILLEGAL ENTRY OR PRESENCE.

       Section 275 of the Immigration and Nationality Act (8 
     U.S.C. 1325) is amended--
       (1) in subsection (a) by inserting after ``for a subsequent 
     commission of any such offense'' the following: ``or if the 
     alien was previously convicted of an offense under subsection 
     (e)(2)(A)'';
       (2) in subsection (b)--
       (A) in paragraph (1), by striking ``at least $50 and not 
     more than $250'' and inserting ``not less than $500 and not 
     more than $1,000''; and
       (B) in paragraph (2), by inserting after ``in the case of 
     an alien who has been previously subject to a civil penalty 
     under this subsection'' the following: ``or subsection 
     (e)(2)(B)''; and
       (3) by adding at the end the following:
       ``(e) Visa Overstays.--
       ``(1) In general.--An alien who was admitted as a 
     nonimmigrant has violated this paragraph if the alien, for an 
     aggregate of 10 days or more, has failed--
       ``(A) to maintain the nonimmigrant status in which the 
     alien was admitted, or to which it was changed under section 
     248, including complying with the period of stay authorized 
     by the Secretary of Homeland Security in connection with such 
     status; or
       ``(B) to comply otherwise with the conditions of such 
     nonimmigrant status.
       ``(2) Penalties.--An alien who has violated paragraph (1)--
       ``(A) shall--
       ``(i) for the first commission of such a violation, be 
     fined under title 18, United States Code, or imprisoned not 
     more than 6 months, or both; and
       ``(ii) for a subsequent commission of such a violation, or 
     if the alien was previously convicted of an offense under 
     subsection (a), be fined under such title 18, or imprisoned 
     not more than 2 years, or both; and
       ``(B) in addition to, and not in lieu of, any penalty under 
     subparagraph (A) and any other criminal or civil penalties 
     that may be imposed, shall be subject to a civil penalty of--
       ``(i) not less than $500 and not more than $1,000 for each 
     violation; or
       ``(ii) twice the amount specified in clause (i), in the 
     case of an alien who has been previously subject to a civil 
     penalty under this subparagraph or subsection (b).''.

                 Subtitle G--Immigration Parole Reform

     SEC. 5701. 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.

[[Page S691]]

       ``(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. 5702. 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 5701 of this subtitle, 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. 5703. CAUSE OF ACTION.

       Any person, State, or local government that experiences 
     financial harm in excess of $1,000 due to a failure of the 
     Federal Government to lawfully apply the provisions of this 
     subtitle or the amendments made by this subtitle shall have 
     standing to bring a civil action against the Federal 
     Government in an appropriate district court of the United 
     States for appropriate relief.

     SEC. 5704. 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. 5801. 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 title VIII of division B of the Secure the 
     Border Act of 2023, that it has verified that the individual 
     is not an unauthorized alien by--

       ``(I) obtaining from the individual the individual's social 
     security account number or United States passport number and 
     recording the number on the form (if the individual claims to 
     have been issued such a number), and, if the individual does 
     not attest to United States nationality under subparagraph 
     (B), obtaining such identification or authorization number 
     established by the Department of Homeland Security for the 
     alien as the Secretary of Homeland Security may specify, and 
     recording such number on the form; and
       ``(II) examining--

       ``(aa) a document relating to the individual presenting it 
     described in clause (ii); or
       ``(bb) a document relating to the individual presenting it 
     described in clause (iii) and a document relating to the 
     individual presenting it described in clause (iv).
       ``(ii) Documents evidencing employment authorization and 
     establishing identity.--A document described in this 
     subparagraph is an individual's--

       ``(I) unexpired United States passport or passport card;
       ``(II) unexpired permanent resident card that contains a 
     photograph;
       ``(III) unexpired employment authorization card that 
     contains a photograph;
       ``(IV) in the case of a nonimmigrant alien authorized to 
     work for a specific employer incident to status, a foreign 
     passport with Form I-94 or Form I-94A, or other documentation 
     as designated by the Secretary specifying the alien's 
     nonimmigrant status as long as the period of status has not 
     yet expired and the proposed employment is not in conflict 
     with any restrictions or limitations identified in the 
     documentation;
       ``(V) passport from the Federated States of Micronesia 
     (FSM) or the Republic of the Marshall Islands (RMI) with Form 
     I-94 or Form I-94A, or other documentation as designated by 
     the Secretary, indicating nonimmigrant admission under the 
     Compact of Free Association Between the United States and the 
     FSM or RMI; or
       ``(VI) other document designated by the Secretary of 
     Homeland Security, if the document--

       ``(aa) contains a photograph of the individual and 
     biometric identification data from the individual and such 
     other personal identifying information relating to the 
     individual as the Secretary of Homeland Security finds, by 
     regulation, sufficient for purposes of this clause;
       ``(bb) is evidence of authorization of employment in the 
     United States; and
       ``(cc) contains security features to make it resistant to 
     tampering, counterfeiting, and fraudulent use.
       ``(iii) Documents evidencing employment authorization.--A 
     document described in this subparagraph is an individual's 
     social security account number card (other than such a card 
     which specifies on the face that the issuance of the card 
     does not authorize employment in the United States).
       ``(iv) Documents establishing identity of individual.--A 
     document described in this subparagraph is--

       ``(I) an individual's unexpired State issued driver's 
     license or identification card if it contains a photograph 
     and information such as name, date of birth, gender, height, 
     eye color, and address;
       ``(II) an individual's unexpired United States military 
     identification card;
       ``(III) an individual's unexpired Native American tribal 
     identification document issued by a tribal entity recognized 
     by the Bureau of Indian Affairs; or
       ``(IV) in the case of an individual under 18 years of age, 
     a parent or legal guardian's attestation under penalty of law 
     as to the identity and age of the individual.

       ``(v) Authority to prohibit use of certain documents.--If 
     the Secretary of Homeland Security finds, by regulation, that 
     any document described in clause (i), (ii), or (iii) as 
     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

[[Page S692]]

     the verification system within the time period specified, the 
     person or entity shall so inform the individual for whom the 
     verification is sought. If the individual does not contest 
     the nonconfirmation within the time period specified, the 
     nonconfirmation shall be considered final. The person or 
     entity shall then record on the form an appropriate code 
     which has been provided under the system to indicate a final 
     nonconfirmation. If the individual does contest the 
     nonconfirmation, the individual shall utilize the process for 
     secondary verification provided under subsection (d). The 
     nonconfirmation will remain tentative until a final 
     confirmation or nonconfirmation is provided by the 
     verification system within the time period specified. In no 
     case shall an employer terminate employment of an individual 
     because of a failure of the individual to have identity and 
     work eligibility confirmed under this section until a 
     nonconfirmation becomes final. Nothing in this clause shall 
     apply to a termination of employment for any reason other 
     than because of such a failure. In no case shall an employer 
     rescind the offer of employment to an individual because of a 
     failure of the individual to have identity and work 
     eligibility confirmed under this subsection until a 
     nonconfirmation becomes final. Nothing in this subclause 
     shall apply to a recission of the offer of employment for any 
     reason other than because of such a failure.
       ``(III) Final confirmation or nonconfirmation received.--If 
     a final confirmation or nonconfirmation is provided by the 
     verification system regarding an individual, the person or 
     entity shall record on the form an appropriate code that is 
     provided under the system and that indicates a confirmation 
     or nonconfirmation of identity and work eligibility of the 
     individual.
       ``(IV) Extension of time.--If the person or other entity in 
     good faith attempts to make an inquiry during the time period 
     specified and the verification system has registered that not 
     all inquiries were received during such time, the person or 
     entity may make an inquiry in the first subsequent working 
     day in which the verification system registers that it has 
     received all inquiries. If the verification system cannot 
     receive inquiries at all times during a day, the person or 
     entity merely has to assert that the entity attempted to make 
     the inquiry on that day for the previous sentence to apply to 
     such an inquiry, and does not have to provide any additional 
     proof concerning such inquiry.
       ``(V) Consequences of nonconfirmation.--

       ``(aa) Termination or notification of continued 
     employment.--If the person or other entity has received a 
     final nonconfirmation regarding an individual, the person or 
     entity may terminate employment of the individual (or decline 
     to recruit or refer the individual). If the person or entity 
     does not terminate employment of the individual or proceeds 
     to recruit or refer the individual, the person or entity 
     shall notify the Secretary of Homeland Security of such fact 
     through the verification system or in such other manner as 
     the Secretary may specify.
       ``(bb) Failure to notify.--If the person or entity fails to 
     provide notice with respect to an individual as required 
     under item (aa), the failure is deemed to constitute a 
     violation of subsection (a)(1)(A) with respect to that 
     individual.

       ``(VI) Continued employment after final nonconfirmation.--
     If the person or other entity continues to employ (or to 
     recruit or refer) an individual after receiving final 
     nonconfirmation, a rebuttable presumption is created that the 
     person or entity has violated subsection (a)(1)(A).

       ``(D) Effective dates of new procedures.--
       ``(i) Hiring.--Except as provided in clause (iii), the 
     provisions of this paragraph shall apply to a person or other 
     entity hiring an individual for employment in the United 
     States as follows:

       ``(I) With respect to employers having 10,000 or more 
     employees in the United States on the date of the enactment 
     of title VIII of division B of the Secure the Border Act of 
     2023, on the date that is 6 months after the date of the 
     enactment of title.
       ``(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 title VIII of division B of the Secure the Border Act of 
     2023, on the date that is 12 months after the date of the 
     enactment of such title.
       ``(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 title 
     VIII of division B of the Secure the Border Act of 2023, on 
     the date that is 18 months after the date of the enactment of 
     such title.
       ``(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 title VIII 
     of division B of the Secure the Border Act of 2023, on the 
     date that is 24 months after the date of the enactment of 
     such title.

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

       ``(I) On request.--Upon request by an employer having 50 or 
     fewer employees, the Secretary shall allow a one-time 6-month 
     extension of the effective date set out in this subparagraph 
     applicable to such employer. Such request shall be made to 
     the Secretary and shall be made prior to such effective date.
       ``(II) Following report.--If the study under section 814 of 
     title VIII of division B of the Secure the Border Act of 2023 
     has been submitted in accordance with such section, the 
     Secretary of Homeland Security may extend the effective date 
     set out in clause (iii) on a one-time basis for 12 months.

       ``(v) Transition rule.--Subject to paragraph (4), the 
     following shall apply to a person or other entity hiring, 
     recruiting, or referring an individual for employment in the 
     United States until the effective date or dates applicable 
     under clauses (i) through (iii):

       ``(I) This subsection, as in effect before the enactment of 
     title VIII of division B of the Secure the Border Act of 
     2023.
       ``(II) Subtitle A of title IV of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1324a note), as in effect before the effective date in 
     section 807(c) of title VIII of division B of the Secure the 
     Border Act of 2023.
       ``(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 
     807(c) of title VIII of division B of the Secure the Border 
     Act of 2023, including Executive Order 13465 (8 U.S.C. 1324a 
     note; relating to Government procurement).

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

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

       ``(ii) Job offer may be conditional.--A person or other 
     entity may offer a prospective employee an employment 
     position that is conditioned on final verification of the 
     identity and employment eligibility of the employee using the 
     procedures established under this paragraph.
       ``(iii) Special rule.--Notwithstanding clause (i)(II), in 
     the case of an alien who is authorized for employment and who 
     provides evidence from the Social Security Administration 
     that the alien has applied for a social security account 
     number, the verification period ends three business days 
     after the alien receives the social security account number.
       ``(2) Reverification for individuals with limited work 
     authorization.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     a person or entity shall make an inquiry, as provided in 
     subsection (d), using the verification system to seek 
     reverification of the identity and employment eligibility of 
     all individuals with a limited period of work authorization 
     employed by the person or entity during the three business 
     days after the date on which the employee's work 
     authorization expires as follows:
       ``(i) With respect to employers having 10,000 or more 
     employees in the United States on the date of the enactment 
     of title VIII of division B of the Secure the Border Act of 
     2023, beginning on the date that is 6 months after the date 
     of the enactment of such title.
       ``(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 title VIII of division B of the Secure the Border Act of 
     2023, beginning on the date that is 12 months after the date 
     of the enactment of such title.
       ``(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 title 
     VIII of division B of the Secure the Border Act of 2023, 
     beginning on the date that is 18 months after the date of the 
     enactment of such title.

[[Page S693]]

       ``(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 title VIII 
     of division B of the Secure the Border Act of 2023, beginning 
     on the date that is 24 months after the date of the enactment 
     of such title.
       ``(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 title VIII of division B of the Secure the 
     Border Act of 2023. For purposes of the preceding sentence, 
     the term `agricultural labor or services' has the meaning 
     given such term by the Secretary of Agriculture in 
     regulations and includes agricultural labor as defined in 
     section 3121(g) of the Internal Revenue Code of 1986, 
     agriculture as defined in section 3(f) of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 203(f)), the handling, 
     planting, drying, packing, packaging, processing, freezing, 
     or grading prior to delivery for storage of any agricultural 
     or horticultural commodity in its unmanufactured state, all 
     activities required for the preparation, processing, or 
     manufacturing of a product of agriculture (as such term is 
     defined in such section 3(f)) for further distribution, and 
     activities similar to all the foregoing as they relate to 
     fish or shellfish facilities. An employee described in this 
     subparagraph shall not be counted for purposes of 
     subparagraph (A).
       ``(C) Reverification.--Paragraph (1)(C)(ii) shall apply to 
     reverifications pursuant to this paragraph on the same basis 
     as it applies to verifications pursuant to paragraph (1), 
     except that employers shall--
       ``(i) use a form designated or established by the Secretary 
     by regulation for purposes of this paragraph; and
       ``(ii) retain a paper or electronic version of the form and 
     make it available for inspection by officers of the 
     Department of Homeland Security, the Department of Justice, 
     or the Department of Labor during the period beginning on the 
     date the reverification commences and ending on the date that 
     is the later of 3 years after the date of such reverification 
     or 1 year after the date the individual's employment is 
     terminated.
       ``(3) Previously hired individuals.--
       ``(A) On a mandatory basis for certain employees.--
       ``(i) In general.--Not later than the date that is 6 months 
     after the date of the enactment of title VIII of division B 
     of the Secure the Border Act of 2023, an employer shall make 
     an inquiry, as provided in subsection (d), using the 
     verification system to seek verification of the identity and 
     employment eligibility of any individual described in clause 
     (ii) employed by the employer whose employment eligibility 
     has not been verified under the E-Verify Program described in 
     section 403(a) of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note).
       ``(ii) Individuals described.--An individual described in 
     this clause is any of the following:

       ``(I) An employee of any unit of a Federal, State, or local 
     government.
       ``(II) An employee who requires a Federal security 
     clearance working in a Federal, State, or local government 
     building, a military base, a nuclear energy site, a weapons 
     site, or an airport or other facility that requires workers 
     to carry a Transportation Worker Identification Credential 
     (TWIC).
       ``(III) An employee assigned to perform work in the United 
     States under a Federal contract, except that this subclause--

       ``(aa) is not applicable to individuals who have a 
     clearance under Homeland Security Presidential Directive 12 
     (HSPD 12 clearance), are administrative or overhead 
     personnel, or are working solely on contracts that provide 
     Commercial Off The Shelf goods or services as set forth by 
     the Federal Acquisition Regulatory Council, unless they are 
     subject to verification under subclause (II); and
       ``(bb) only applies to contracts over the simple 
     acquisition threshold as defined in section 2.101 of title 
     48, Code of Federal Regulations.
       ``(B) On a mandatory basis for multiple users of same 
     social security account number.--In the case of an employer 
     who is required by this subsection to use the verification 
     system described in subsection (d), or has elected 
     voluntarily to use such system, the employer shall make 
     inquiries to the system in accordance with the following:
       ``(i) The Commissioner of Social Security shall notify 
     annually employees (at the employee address listed on the 
     Wage and Tax Statement) who submit a social security account 
     number to which more than one employer reports income and for 
     which there is a pattern of unusual multiple use. The 
     notification letter shall identify the number of employers to 
     which income is being reported as well as sufficient 
     information notifying the employee of the process to contact 
     the Social Security Administration Fraud Hotline if the 
     employee believes the employee's identity may have been 
     stolen. The notice shall not share information protected as 
     private, in order to avoid any recipient of the notice from 
     being in the position to further commit or begin committing 
     identity theft.
       ``(ii) If the person to whom the social security account 
     number was issued by the Social Security Administration has 
     been identified and confirmed by the Commissioner, and 
     indicates that the social security account number was used 
     without their knowledge, the Secretary and the Commissioner 
     shall lock the social security account number for employment 
     eligibility verification purposes and shall notify the 
     employers of the individuals who wrongfully submitted the 
     social security account number that the employee may not be 
     work eligible.
       ``(iii) Each employer receiving such notification of an 
     incorrect social security account number under clause (ii) 
     shall use the verification system described in subsection (d) 
     to check the work eligibility status of the applicable 
     employee within 10 business days of receipt of the 
     notification.
       ``(C) On a voluntary basis.--Subject to paragraph (2), and 
     subparagraphs (A) through (C) of this paragraph, beginning on 
     the date that is 30 days after the date of the enactment of 
     title VIII of division B of the Secure the Border Act of 
     2023, an employer may make an inquiry, as provided in 
     subsection (d), using the verification system to seek 
     verification of the identity and employment eligibility of 
     any individual employed by the employer. If an employer 
     chooses voluntarily to seek verification of any individual 
     employed by the employer, the employer shall seek 
     verification of all individuals employed at the same 
     geographic location or, at the option of the employer, all 
     individuals employed within the same job category, as the 
     employee with respect to whom the employer seeks voluntarily 
     to use the verification system. An employer's decision about 
     whether or not voluntarily to seek verification of its 
     current workforce under this subparagraph may not be 
     considered by any government agency in any proceeding, 
     investigation, or review provided for in this Act.
       ``(D) Verification.--Paragraph (1)(C)(ii) shall apply to 
     verifications pursuant to this paragraph on the same basis as 
     it applies to verifications pursuant to paragraph (1), except 
     that employers shall--
       ``(i) use a form designated or established by the Secretary 
     by regulation for purposes of this paragraph; and
       ``(ii) retain a paper or electronic version of the form and 
     make it available for inspection by officers of the 
     Department of Homeland Security, the Department of Justice, 
     or the Department of Labor during the period 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 title VIII 
     of division B of the Secure the Border Act of 2023, the 
     Secretary is authorized to commence requiring employers 
     required to participate in the E-Verify Program described in 
     section 403(a) of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), 
     including employers required to participate in such program 
     by reason of Federal acquisition laws (and regulations 
     promulgated under those laws, including the Federal 
     Acquisition Regulation), to commence compliance with the 
     requirements of this subsection (and any additional 
     requirements of such Federal acquisition laws and regulation) 
     in lieu of any requirement to participate in the E-Verify 
     Program.
       ``(B) Former e-verify voluntary users and others desiring 
     early compliance.--Notwithstanding the deadlines in 
     paragraphs (1) and (2), beginning on the date of the 
     enactment of title VIII of division B of the Secure the 
     Border Act of 2023, the Secretary shall provide for the 
     voluntary compliance with the requirements of this subsection 
     by employers voluntarily electing to participate in the E-
     Verify Program described in section 403(a) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1324a note) before such date, as well as by other 
     employers seeking voluntary early compliance.
       ``(5) Copying of documentation permitted.--Notwithstanding 
     any other provision of law, the person or entity may copy a 
     document presented by an individual pursuant to this 
     subsection and may retain the copy, but only (except as 
     otherwise permitted under law) for the purpose of complying 
     with the requirements of this subsection.
       ``(6) Limitation on use of forms.--A form designated or 
     established by the Secretary of Homeland Security under this 
     subsection and any information contained in or appended to 
     such form, may not be used for purposes other than for 
     enforcement of this Act and any other provision of Federal 
     criminal law.
       ``(7) Good faith compliance.--
       ``(A) In general.--Except as otherwise provided in this 
     subsection, a person or entity is considered to have complied 
     with a requirement of this subsection notwithstanding a 
     technical or procedural failure to meet such requirement if 
     there was a good faith attempt to comply with the 
     requirement.
       ``(B) Exception if failure to correct after notice.--
     Subparagraph (A) shall not apply if--
       ``(i) the failure is not de minimus;
       ``(ii) the Secretary of Homeland Security has explained to 
     the person or entity the

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     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 title VIII of division B of the Secure 
     the Border Act of 2023, each deadline established under this 
     section for an employer to make an inquiry using such system 
     shall be extended by 6 months. No other extension of such a 
     deadline shall be made except as authorized under paragraph 
     (1)(D)(iv).''.
       (b) Date of Hire.--Section 274A(h) of the Immigration and 
     Nationality Act (8 U.S.C. 1324a(h)) is amended by adding at 
     the end the following:
       ``(4) Definition of date of hire.--As used in this section, 
     the term `date of hire' means the date of actual commencement 
     of employment for wages or other remuneration, unless 
     otherwise specified.''.

     SEC. 5802. EMPLOYMENT ELIGIBILITY VERIFICATION SYSTEM.

       Section 274A(d) of the Immigration and Nationality Act (8 
     U.S.C. 1324a(d)) is amended to read as follows:
       ``(d) Employment Eligibility Verification System.--
       ``(1) In general.--Patterned on the employment eligibility 
     confirmation system established under section 404 of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996 (8 U.S.C. 1324a note), the Secretary of Homeland 
     Security shall establish and administer a verification system 
     through which the Secretary (or a designee of the Secretary, 
     which may be a nongovernmental entity)--
       ``(A) responds to inquiries made by persons at any time 
     through a toll-free electronic media concerning an 
     individual's identity and whether the individual is 
     authorized to be employed; and
       ``(B) maintains records of the inquiries that were made, of 
     verifications provided (or not provided), and of the codes 
     provided to inquirers as evidence of their compliance with 
     their obligations under this section.
       ``(2) Initial response.--The verification system shall 
     provide confirmation or a tentative nonconfirmation of an 
     individual's identity and employment eligibility within 3 
     working days of the initial inquiry. If providing 
     confirmation or tentative nonconfirmation, the verification 
     system shall provide an appropriate code indicating such 
     confirmation or such nonconfirmation.
       ``(3) Secondary confirmation process in case of tentative 
     nonconfirmation.--In cases of tentative nonconfirmation, the 
     Secretary shall specify, in consultation with the 
     Commissioner of Social Security, an available secondary 
     verification process to confirm the validity of information 
     provided and to provide a final confirmation or 
     nonconfirmation not later than 10 working days after the date 
     on which the notice of the tentative nonconfirmation is 
     received by the employee. The Secretary, in consultation with 
     the Commissioner, may extend this deadline once on a case-by-
     case basis for a period of 10 working days, and if the time 
     is extended, shall document such extension within the 
     verification system. The Secretary, in consultation with the 
     Commissioner, shall notify the employee and employer of such 
     extension. The Secretary, in consultation with the 
     Commissioner, shall create a standard process of such 
     extension and notification and shall make a description of 
     such process available to the public. When final confirmation 
     or nonconfirmation is provided, the verification system shall 
     provide an appropriate code indicating such confirmation or 
     nonconfirmation.
       ``(4) Design and operation of system.--The verification 
     system shall be designed and operated--
       ``(A) to maximize its reliability and ease of use by 
     persons and other entities consistent with insulating and 
     protecting the privacy and security of the underlying 
     information;
       ``(B) to respond to all inquiries made by such persons and 
     entities on whether individuals are authorized to be employed 
     and to register all times when such inquiries are not 
     received;
       ``(C) with appropriate administrative, technical, and 
     physical safeguards to prevent unauthorized disclosure of 
     personal information;
       ``(D) to have reasonable safeguards against the system's 
     resulting in unlawful discriminatory practices based on 
     national origin or citizenship status, including--
       ``(i) the selective or unauthorized use of the system to 
     verify eligibility; or
       ``(ii) the exclusion of certain individuals from 
     consideration for employment as a result of a perceived 
     likelihood that additional verification will be required, 
     beyond what is required for most job applicants;
       ``(E) to maximize the prevention of identity theft use in 
     the system; and
       ``(F) to limit the subjects of verification to the 
     following individuals:
       ``(i) Individuals hired, referred, or recruited, in 
     accordance with paragraph (1) or (4) of subsection (b).
       ``(ii) Employees and prospective employees, in accordance 
     with paragraph (1), (2), (3), or (4) of subsection (b).
       ``(iii) Individuals seeking to confirm their own employment 
     eligibility on a voluntary basis.
       ``(5) Responsibilities of commissioner of social 
     security.--As part of the verification system, the 
     Commissioner of Social Security, in consultation with the 
     Secretary of Homeland Security (and any designee of the 
     Secretary selected to establish and administer the 
     verification system), shall establish a reliable, secure 
     method, which, within the time periods specified under 
     paragraphs (2) and (3), compares the name and social security 
     account number provided in an inquiry against such 
     information maintained by the Commissioner in order to 
     validate (or not validate) the information provided regarding 
     an individual whose identity and employment eligibility must 
     be confirmed, the correspondence of the name and number, and 
     whether the individual has presented a social security 
     account number that is not valid for employment. The 
     Commissioner shall not disclose or release social security 
     information (other than such confirmation or nonconfirmation) 
     under the verification system except as provided for in this 
     section or section 205(c)(2)(I) of the Social Security Act.
       ``(6) Responsibilities of secretary of homeland security.--
     As part of the verification system, the Secretary of Homeland 
     Security (in consultation with any designee of the Secretary 
     selected to establish and administer the verification 
     system), shall establish a reliable, secure method, which, 
     within the time periods specified under paragraphs (2) and 
     (3), compares the name and alien identification or 
     authorization number (or any other information as determined 
     relevant by the Secretary) which are provided in an inquiry 
     against such information maintained or accessed by the 
     Secretary in order to validate (or not validate) the 
     information provided, the correspondence of the name and 
     number, whether the alien is authorized to be employed in the 
     United States, or to the extent that the Secretary determines 
     to be feasible and appropriate, whether the records available 
     to the Secretary verify the identity or status of a national 
     of the United States.
       ``(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. 5803. 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 
     5801(b) of this subtitle, 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

[[Page S695]]

     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. 5804. GOOD FAITH DEFENSE.

       Section 274A(a)(3) of the Immigration and Nationality Act 
     (8 U.S.C. 1324a(a)(3)) is amended to read as follows:
       ``(3) Good faith defense.--
       ``(A) Defense.--An employer (or person or entity that 
     hires, employs, recruits, or refers (as defined in subsection 
     (h)(5)), or is otherwise obligated to comply with this 
     section) who establishes that it has complied in good faith 
     with the requirements of subsection (b)--
       ``(i) shall not be liable to a job applicant, an employee, 
     the Federal Government, or a State or local government, under 
     Federal, State, or local criminal or civil law for any 
     employment-related action taken with respect to a job 
     applicant or employee in good-faith reliance on information 
     provided through the system established under subsection (d); 
     and
       ``(ii) has established compliance with its obligations 
     under subparagraphs (A) and (B) of paragraph (1) and 
     subsection (b) absent a showing by the Secretary of Homeland 
     Security, by clear and convincing evidence, that the employer 
     had knowledge that an employee is an unauthorized alien.
       ``(B) Mitigation element.--For purposes of subparagraph 
     (A)(i), if an employer proves by a preponderance of the 
     evidence that the employer uses a reasonable, secure, and 
     established technology to authenticate the identity of the 
     new employee, that fact shall be taken into account for 
     purposes of determining good faith use of the system 
     established under subsection (d).
       ``(C) Failure to seek and obtain verification.--Subject to 
     the effective dates and other deadlines applicable under 
     subsection (b), in the case of a person or entity in the 
     United States that hires, or continues to employ, an 
     individual, or recruits or refers an individual for 
     employment, the following requirements apply:
       ``(i) Failure to seek verification.--

       ``(I) In general.--If the person or entity has not made an 
     inquiry, under the mechanism established under subsection (d) 
     and in accordance with the timeframes established under 
     subsection (b), seeking verification of the identity and work 
     eligibility of the individual, the defense under subparagraph 
     (A) shall not be considered to apply with respect to any 
     employment, except as provided in subclause (II).
       ``(II) Special rule for failure of verification 
     mechanism.--If such a person or entity in good faith attempts 
     to make an inquiry in order to qualify for the defense under 
     subparagraph (A) and the verification mechanism has 
     registered that not all inquiries were responded to during 
     the relevant time, the person or entity can make an inquiry 
     until the end of the first subsequent working day in which 
     the verification mechanism registers no nonresponses and 
     qualify for such defense.

       ``(ii) Failure to obtain verification.--If the person or 
     entity has made the inquiry described in clause (i)(I) but 
     has not received an appropriate verification of such identity 
     and work eligibility under such mechanism within the time 
     period specified under subsection (d)(2) after the time the 
     verification inquiry was received, the defense under 
     subparagraph (A) shall not be considered to apply with 
     respect to any employment after the end of such time 
     period.''.

     SEC. 5805. 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. 5806. 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 5802 of this subtitle.
       (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. 5807. 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

[[Page S696]]

     entity may be considered for debarment from the receipt of 
     Federal contracts, grants, or cooperative agreements in 
     accordance with the debarment standards and pursuant to the 
     debarment procedures set forth in the Federal Acquisition 
     Regulation.
       ``(B) Does not have contract, grant, agreement.--If the 
     Secretary of Homeland Security or the Attorney General wishes 
     to have a person or entity considered for debarment in 
     accordance with this paragraph, and such a person or entity 
     does not hold a Federal contract, grant, or cooperative 
     agreement, the Secretary or Attorney General shall refer the 
     matter to the Administrator of General Services to determine 
     whether to list the person or entity on the List of Parties 
     Excluded from Federal Procurement, and if so, for what 
     duration and under what scope.
       ``(C) Has contract, grant, agreement.--If the Secretary of 
     Homeland Security or the Attorney General wishes to have a 
     person or entity considered for debarment in accordance with 
     this paragraph, and such person or entity holds a Federal 
     contract, grant, or cooperative agreement, the Secretary or 
     Attorney General shall advise all agencies or departments 
     holding a contract, grant, or cooperative agreement with the 
     person or entity of the Government's interest in having the 
     person or entity considered for debarment, and after 
     soliciting and considering the views of all such agencies and 
     departments, the Secretary or Attorney General may refer the 
     matter to any appropriate lead agency to determine whether to 
     list the person or entity on the List of Parties Excluded 
     from Federal Procurement, and if so, for what duration and 
     under what scope.
       ``(D) Review.--Any decision to debar a person or entity in 
     accordance with this paragraph shall be reviewable pursuant 
     to part 9.4 of the Federal Acquisition Regulation.
       ``(13) Office for state and local government complaints.--
     The Secretary of Homeland Security shall establish an 
     office--
       ``(A) to which State and local government agencies may 
     submit information indicating potential violations of 
     subsection (a), (b), or (g)(1) that were generated in the 
     normal course of law enforcement or the normal course of 
     other official activities in the State or locality;
       ``(B) that is required to indicate to the complaining State 
     or local agency within five business days of the filing of 
     such a complaint by identifying whether the Secretary will 
     further investigate the information provided;
       ``(C) that is required to investigate those complaints 
     filed by State or local government agencies that, on their 
     face, have a substantial probability of validity;
       ``(D) that is required to notify the complaining State or 
     local agency of the results of any such investigation 
     conducted; and
       ``(E) that is required to report to the Congress annually 
     the number of complaints received under this paragraph, the 
     States and localities that filed such complaints, and the 
     resolution of the complaints investigated by the 
     Secretary.''; and
       (5) by amending paragraph (1) of subsection (f) to read as 
     follows:
       ``(1) Criminal penalty.--Any person or entity which engages 
     in a pattern or practice of violations of subsection (a) (1) 
     or (2) shall be fined not more than $5,000 for each 
     unauthorized alien with respect to which such a violation 
     occurs, imprisoned for not more than 18 months, or both, 
     notwithstanding the provisions of any other Federal law 
     relating to fine levels.''.

     SEC. 5808. 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. 5809. 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 5802 of this subtitle, 
     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. 5810. 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 5802 of this 
     subtitle, 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 
     5802 of this subtitle. 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 5802 of this 
     subtitle. The Secretary may implement the program on a 
     limited pilot program basis before making it fully available 
     to all individuals.

     SEC. 5811. 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. 5812. 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

[[Page S697]]

     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. 5813. 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. 5814. AGRICULTURE WORKFORCE STUDY.

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

     SEC. 5815. 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. 5816. 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.
                                 ______
                                 
  SA 1499. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the end, add the following:

            DIVISION C--H-1B AND L-1 VISA REFORM ACT OF 2024

     SEC. 4001. SHORT TITLE.

       This division may be cited as the ``H-1B and L-1 Visa 
     Reform Act of 2024''.

             TITLE I--H-1B VISA FRAUD AND ABUSE PROTECTIONS

           Subtitle A--H-1B Employer Application Requirements

     SEC. 4101. MODIFICATION OF APPLICATION REQUIREMENTS.

       (a) General Application Requirements.--Section 212(n)(1)(A) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1182(n)(1)(A)) is amended to read as follows:
       ``(A) The employer--
       ``(i) is offering and will offer to H-1B nonimmigrants, 
     during the period of authorized employment for each H-1B 
     nonimmigrant, wages that are determined based on the best 
     information available at the time the application is filed 
     and which are not less than the highest of--
       ``(I) the locally determined prevailing wage level for the 
     occupational classification in the area of employment;
       ``(II) the median wage for all workers in the occupational 
     classification in the area of employment; and
       ``(III) the median wage for skill level 2 in the 
     occupational classification found in the most recent 
     Occupational Employment Statistics survey; and
       ``(ii) will provide working conditions for such H-1B 
     nonimmigrant that will not adversely affect the working 
     conditions of United States workers similarly employed by the 
     employer or by an employer with which such H-1B nonimmigrant 
     is placed pursuant to a waiver under paragraph (2)(E).''.
       (b) Internet Posting Requirement.--Section 212(n)(1)(C) of 
     such Act (8 U.S.C. 1182(n)(1)(C)) is amended--
       (1) by redesignating clause (ii) as subclause (II);
       (2) by striking ``(i) has provided'' and inserting the 
     following:
       ``(ii)(I) has provided''; and
       (3) by inserting before clause (ii), as redesignated by 
     paragraph (2), the following:
       ``(i) has posted on the internet website described in 
     paragraph (3), for at least 30 calendar days, a detailed 
     description of each position for which a nonimmigrant is 
     sought that includes a description of--
       ``(I) the wages and other terms and conditions of 
     employment;
       ``(II) the minimum education, training, experience, and 
     other requirements for the position; and
       ``(III) the process for applying for the position; and''.
       (c) Wage Determination Information.--Section 212(n)(1)(D) 
     of such Act (8 U.S.C. 1182(n)(1)(D)) is amended by inserting 
     ``the wage determination methodology used under subparagraph 
     (A)(i),'' after ``shall contain''.
       (d) Application of Requirements to All Employers.--
       (1) Nondisplacement.--Section 212(n)(1)(E) of such Act (8 
     U.S.C. 1182(n)(1)(E)) is amended to read as follows:
       ``(E)(i) The employer--
       ``(I) will not at any time displace a United States worker 
     with 1 or more H-1B nonimmigrants; and
       ``(II) did not displace and will not displace a United 
     States worker employed by the employer within the period 
     beginning 180 days before and ending 180 days after the date 
     of the placement of the nonimmigrant with the employer.
       ``(ii) The 180-day periods referred to in clause (i) may 
     not include any period of on-site or virtual training of H-1B 
     nonimmigrants by employees of the employer.''.
       (2) Recruitment.--Section 212(n)(1)(G)(i) of such Act (8 
     U.S.C. 1182(n)(1)(G)(i)) is amended by striking ``In the case 
     of an application described in subparagraph (E)(ii), 
     subject'' and inserting ``Subject''.
       (e) Waiver Requirement.--Section 212(n)(1)(F) of such Act 
     (8 U.S.C. 1182(n)(1)(F)) is amended to read as follows:
       ``(F) The employer will not place, outsource, lease, or 
     otherwise contract for the services or placement of H-1B 
     nonimmigrants with another employer, regardless of the 
     physical location where such services will be performed, 
     unless the employer of the alien has been granted a waiver 
     under paragraph (2)(E).''.

     SEC. 4102. NEW APPLICATION REQUIREMENTS.

       Section 212(n)(1) of the Immigration and Nationality Act (8 
     U.S.C. 1182(n)(1)), as amended by section 4101, is further 
     amended by inserting after subparagraph (G) the following:
       ``(H)(i) The employer, or a person or entity acting on the 
     employer's behalf, has not advertised any available position 
     specified in the application in an advertisement that states 
     or indicates that--
       ``(I) such position is only available to an individual who 
     is or will be an H-1B nonimmigrant; or
       ``(II) an individual who is or will be an H-1B nonimmigrant 
     shall receive priority or a preference in the hiring process 
     for such position.
       ``(ii) The employer has not primarily recruited individuals 
     who are or who will be H-1B nonimmigrants to fill such 
     position.
       ``(I) If the employer employs 50 or more employees in the 
     United States--
       ``(i) the sum of the number of such employees who are H-1B 
     nonimmigrants plus the number of such employees who are 
     nonimmigrants described in section 101(a)(15)(L) does not 
     exceed 50 percent of the total number of employees; and
       ``(ii) the employer's corporate organization has not been 
     restructured to evade the limitation under clause (i).

[[Page S698]]

       ``(J) If the employer, in such previous period as the 
     Secretary shall specify, employed 1 or more H-1B 
     nonimmigrants, the employer shall submit to the Secretary the 
     Internal Revenue Service Form W-2 Wage and Tax Statements 
     filed by the employer with respect to the H-1B nonimmigrants 
     for such period.''.

     SEC. 4103. APPLICATION REVIEW REQUIREMENTS.

       (a) Technical Amendment.--Section 212(n)(1) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(n)(1)), as 
     amended by sections 4101 and 4102, is further amended, in the 
     undesignated paragraph at the end, by striking ``The 
     employer'' and inserting the following:
       ``(K) The employer.''.
       (b) Application Review Requirements.--Section 212(n)(1)(K), 
     as designated by subsection (a), is amended--
       (1) in the fourth sentence, by inserting ``and through the 
     Department of Labor's website, without charge.'' after 
     ``D.C.'';
       (2) in the fifth sentence, by striking ``only for 
     completeness'' and inserting ``for completeness, indicators 
     of fraud or misrepresentation of material fact,'';
       (3) in the sixth sentence--
       (A) by striking ``or obviously inaccurate'' and inserting 
     ``, presents indicators of fraud or misrepresentation of 
     material fact, or is obviously inaccurate''; and
       (B) by striking ``within 7 days of'' and inserting ``not 
     later than 14 days after''; and
       (4) by adding at the end the following: ``If the Secretary 
     of Labor's review of an application identifies indicators of 
     fraud or misrepresentation of material fact, the Secretary 
     may conduct an investigation and hearing in accordance with 
     paragraph (2).''.

     SEC. 4104. H-1B VISA ALLOCATION.

       Section 214(g)(3) of the Immigration and Nationality Act (8 
     U.S.C. 1184(g)(3)), is amended--
       (1) by striking the first sentence and inserting the 
     following:
       ``(A) Subject to subparagraph (B), aliens who are subject 
     to the numerical limitations under paragraph (1)(A) shall be 
     issued visas, or otherwise provided nonimmigrant status, in a 
     manner and order established by the Secretary of Homeland 
     Security, by regulation.''; and
       (2) by adding at the end the following:
       ``(B) The Secretary shall consider petitions for 
     nonimmigrant status under section 101(a)(15)(H)(i)(b) in the 
     following order:
       ``(i) Petitions for nonimmigrants described in section 
     101(a)(15)(F) who, while physically present in the United 
     States, have earned an advanced degree in a field of science, 
     technology, engineering, or mathematics from a United States 
     institution of higher education (as defined in section 101(a) 
     of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) that 
     has been accredited by an accrediting entity that is 
     recognized by the Department of Education.
       ``(ii) Petitions certifying that the employer will be 
     paying the nonimmigrant the median wage for skill level 4 in 
     the occupational classification found in the most recent 
     Occupational Employment Statistics survey.
       ``(iii) Petitions for nonimmigrants described in section 
     101(a)(15)(F) who are graduates of any other advanced degree 
     program, undertaken while physically present in the United 
     States, from an institution of higher education described in 
     clause (i).
       ``(iv) Petitions certifying that the employer will be 
     paying the nonimmigrant the median wage for skill level 3 in 
     the occupational classification found in the most recent 
     Occupational Employment Statistics survey.
       ``(v) Petitions for nonimmigrants described in section 
     101(a)(15)(F) who are graduates of a bachelor's degree 
     program, undertaken while physically present in the United 
     States, in a field of science, technology, engineering, or 
     mathematics from an institution of higher education described 
     in clause (i).
       ``(vi) Petitions for nonimmigrants described in section 
     101(a)(15)(F) who are graduates of bachelor's degree 
     programs, undertaken while physically present in the United 
     States, in any other fields from an institution of higher 
     education described in clause (i).
       ``(vii) Petitions for aliens who will be working in 
     occupations listed in Group I of the Department of Labor's 
     Schedule A of occupations in which the Secretary of Labor has 
     determined there are not sufficient United States workers who 
     are able, willing, qualified, and available.
       ``(viii) Petitions filed by employers meeting the following 
     criteria of good corporate citizenship and compliance with 
     the immigration laws:
       ``(I) The employer is in possession of--

       ``(aa) a valid E-Verify company identification number; or
       ``(bb) if the enterprise is using a designated agent to 
     perform E-Verify queries, a valid E-Verify client company 
     identification number and documentation from U.S. Citizenship 
     and Immigration Services that the commercial enterprise is a 
     participant in good standing in the E-Verify program.

       ``(II) The employer is not under investigation by any 
     Federal agency for violation of the immigration laws or labor 
     laws.
       ``(III) A Federal agency has not determined, during the 
     immediately preceding 5 years, that the employer violated the 
     immigration laws or labor laws.
       ``(IV) During each of the preceding 3 fiscal years, at 
     least 90 percent of the petitions filed by the employer under 
     section 101(a)(15)(H)(i)(b) were approved.
       ``(V) The employer has filed, pursuant to section 
     204(a)(1)(F), employment-based immigrant petitions, including 
     an approved labor certification application under section 
     212(a)(5)(A), for at least 90 percent of employees imported 
     under section 101(a)(15)(H)(i)(b) during the preceding 3 
     fiscal years.
       ``(ix) Any remaining petitions.
       ``(C) In this paragraph the term `field of science, 
     technology, engineering, or mathematics' means a field 
     included in the Department of Education's Classification of 
     Instructional Programs taxonomy within the summary groups of 
     computer and information sciences and support services, 
     engineering, biological and biomedical sciences, mathematics 
     and statistics, and physical sciences.''.

     SEC. 4105. H-1B WORKERS EMPLOYED BY INSTITUTIONS OF HIGHER 
                   EDUCATION.

       Section 214(g)(5) of the Immigration and Nationality Act (8 
     U.S.C. 1184(g)(5)) is amended by striking ``is employed (or 
     has received an offer of employment) at'' each place such 
     phrase appears and inserting ``is employed by (or has 
     received an offer of employment from)''.

     SEC. 4106. SPECIALTY OCCUPATION TO REQUIRE AN ACTUAL DEGREE.

       Section 214(i) of the Immigration and Nationality Act (8 
     U.S.C. 1184(i)) is amended--
       (1) in paragraph (1), by amending subparagraph (B) to read 
     as follows:
       ``(B) attainment of a bachelor's or higher degree in the 
     specific specialty directly related to the occupation as a 
     minimum for entry into the occupation in the United 
     States.''; and
       (2) by striking paragraph (2) and inserting the following:
       ``(2) For purposes of section 101(a)(15)(H)(i)(b), the 
     requirements under this paragraph, with respect to a 
     specialty occupation, are--
       ``(A) full State licensure to practice in the occupation, 
     if such licensure is required to practice in the occupation; 
     or
       ``(B) if a license is not required to practice in the 
     occupation--
       ``(i) completion of a United States degree described in 
     paragraph (1)(B) for the occupation; or
       ``(ii) completion of a foreign degree that is equivalent to 
     a United States degree described in paragraph (1)(B) for the 
     occupation.''.

     SEC. 4107. LABOR CONDITION APPLICATION FEE.

       Section 212(n) of the Immigration and Nationality Act (8 
     U.S.C. 1182(n)), as amended by sections 4101 through 4103, is 
     further amended by adding at the end the following:
       ``(6)(A) The Secretary of Labor shall promulgate a 
     regulation that requires applicants under this subsection to 
     pay a reasonable application processing fee.
       ``(B) All of the fees collected under this paragraph shall 
     be deposited as offsetting receipts within the general fund 
     of the Treasury in a separate account, which shall be known 
     as the `H-1B Administration, Oversight, Investigation, and 
     Enforcement Account' and shall remain available until 
     expended. The Secretary of the Treasury shall refund amounts 
     in such account to the Secretary of Labor for salaries and 
     related expenses associated with the administration, 
     oversight, investigation, and enforcement of the H-1B 
     nonimmigrant visa program.''.

     SEC. 4108. H-1B SUBPOENA AUTHORITY FOR THE DEPARTMENT OF 
                   LABOR.

       Section 212(n)(2) of the Immigration and Nationality Act (8 
     U.S.C. 1182(n)(2)) is amended--
       (1) by redesignating subparagraph (I) as subparagraph (J); 
     and
       (2) by inserting after subparagraph (H) the following:
       ``(I) The Secretary of Labor is authorized to take such 
     actions, including issuing subpoenas and seeking appropriate 
     injunctive relief and specific performance of contractual 
     obligations, as may be necessary to ensure employer 
     compliance with the terms and conditions under this 
     subsection. The rights and remedies provided to H-1B 
     nonimmigrants under this subsection are in addition to any 
     other contractual or statutory rights and remedies of such 
     nonimmigrants and are not intended to alter or affect such 
     rights and remedies.''.

     SEC. 4109. LIMITATION ON EXTENSION OF H-1B PETITION.

       Section 214(g)(4) of the Immigration and Nationality Act (8 
     U.S.C. 1184(g)(4)) is amended to read as follows:
       ``(4)(A) Except as provided in subparagraph (B), the period 
     of authorized admission of a nonimmigrant described in 
     section 101(a)(15)(H)(i)(b) may not exceed 3 years.
       ``(B) The period of authorized admission of a nonimmigrant 
     described in subparagraph (A) who is the beneficiary of an 
     approved employment-based immigrant petition under section 
     204(a)(1)(F) may be authorized for a period of up to 3 
     additional years if the total period of stay does not exceed 
     six years, except for an extension under section 104(c) or 
     106(b) of the American Competitiveness in the Twenty-first 
     Century Act of 2000 (8 U.S.C. 1184 note).''.

     SEC. 4110. ELIMINATION OF B-1 VISAS IN LIEU OF H-1 VISAS.

       Section 214(g) of the Immigration and Nationality Act (8 
     U.S.C. 1184(g)) is amended by adding at the end the 
     following:
       ``(12) Unless otherwise authorized by law, an alien 
     normally classifiable under section

[[Page S699]]

     101(a)(15)(H)(i) who seeks admission to the United States to 
     provide services in a specialty occupation described in 
     paragraph (1) or (3) of subsection (i) may not be issued a 
     visa or admitted under section 101(a)(15)(B) for such 
     purpose. Nothing in this paragraph may be construed to 
     authorize the admission of an alien under section 
     101(a)(15)(B) who is coming to the United States for the 
     purpose of performing skilled or unskilled labor if such 
     admission is not otherwise authorized by law.''.

 Subtitle B--Investigation and Disposition of Complaints Against H-1B 
                               Employers

     SEC. 4201. GENERAL MODIFICATION OF PROCEDURES FOR 
                   INVESTIGATION AND DISPOSITION.

       Section 212(n)(2)(A) of the Immigration and Nationality Act 
     (8 U.S.C. 1182(n)(2)(A)) is amended--
       (1) by striking ``(A) Subject'' and inserting the 
     following:
       ``(A)(i) Subject'';
       (2) by striking ``12 months'' and inserting ``two years'';
       (3) by striking the last sentence; and
       (4) by adding at the end the following:
       ``(ii)(I) Upon the receipt of a complaint under clause (i), 
     the Secretary may initiate an investigation to determine if 
     such failure or misrepresentation has occurred.
       ``(II) In conducting an investigation under subclause (I), 
     the Secretary may--
       ``(aa) conduct surveys of the degree to which employers 
     comply with the requirements under this subsection; and
       ``(bb) conduct compliance audits of employers that employ 
     H-1B nonimmigrants.
       ``(III) The Secretary shall--
       ``(aa) conduct annual compliance audits of not fewer than 1 
     percent of the employers that employ H-1B nonimmigrants 
     during the applicable calendar year;
       ``(bb) conduct annual compliance audits of each employer 
     with more than 100 employees who work in the United States if 
     more than 15 percent of such employees are H-1B 
     nonimmigrants; and
       ``(cc) make available to the public an executive summary or 
     report describing the general findings of the audits carried 
     out pursuant to this subclause.
       ``(iii) The process for receiving complaints under clause 
     (i) shall include a hotline that is accessible 24 hours a 
     day, by telephonic and electronic means.''.

     SEC. 4202. INVESTIGATION, WORKING CONDITIONS, AND PENALTIES.

       Section 212(n)(2)(C) of the Immigration and Nationality Act 
     (8 U.S.C. 1182(n)(2)(C)) is amended--
       (1) in clause (i)--
       (A) in the matter preceding subclause (I), by striking ``a 
     condition of paragraph (1)(B), (1)(E), or (1)(F), a 
     substantial failure to meet a condition of paragraph (1)(C), 
     (1)(D), or (1)(G)(i)(I)'' and inserting ``a condition under 
     subparagraph (A), (B), (C), (D), (E), (F), (G)(i), (H), (I), 
     or (J) of paragraph (1)'';
       (B) in subclause (I)--
       (i) by striking ``$1,000'' and inserting ``$5,000''; and
       (ii) by striking ``and'' at the end;
       (C) in subclause (II)--
       (i) by striking ``the Attorney General shall not approve 
     petitions'' and inserting ``the Secretary of Homeland 
     Security or the Secretary of State, as appropriate, shall not 
     approve petitions or applications'';
       (ii) by striking ``under section 204 or 214(c)'' and 
     inserting ``under section 101(a)(15)(E)(iii), 
     101(a)(15)(H)(i)(b1), 204, 214(c), or 214(e)''; and
       (iii) by striking the period at the end and inserting ``; 
     and''; and
       (D) by adding at the end the following:
       ``(III) an employer that violates paragraph (1)(A) shall be 
     liable to the employees harmed by such violation for lost 
     wages and benefits.'';
       (2) in clause (ii)--
       (A) in subclause (I)--
       (i) by striking ``may'' and inserting ``shall''; and
       (ii) by striking ``$5,000'' and inserting ``$25,000'';
       (B) in subclause (II)--
       (i) by striking ``the Attorney General shall not approve 
     petitions'' and inserting ``the Secretary of Homeland 
     Security or the Secretary of State, as appropriate, shall not 
     approve petitions or applications'';
       (ii) by striking ``under section 204 or 214(c)'' and 
     inserting ``under section 101(a)(15)(E)(iii), 
     101(a)(15)(H)(i)(b1), 204, 214(c), or 214(e)''; and
       (iii) by striking the period at the end and inserting ``; 
     and''; and
       (C) by adding at the end the following:
       ``(III) an employer that violates paragraph (1)(A) shall be 
     liable to the employees harmed by such violation for lost 
     wages and benefits.'';
       (3) in clause (iii)--
       (A) in the matter preceding subclause (I), by striking 
     ``the employer displaced a United States worker employed by 
     the employer within the period beginning 90 days before and 
     ending 90 days after the date of filing of any visa petition 
     supported by the application'' and inserting ``a United 
     States worker employed at a worksite that the employer 
     supplies with nonimmigrant workers was displaced in violation 
     of paragraph (1)(E) or the conditions of a waiver under 
     subparagraph (E)'';
       (B) in subclause (I)--
       (i) by striking ``may'' and inserting ``shall'';
       (ii) by striking ``$35,000'' and inserting ``$150,000''; 
     and
       (iii) by striking ``and'' at the end;
       (C) in subclause (II)--
       (i) by striking ``the Attorney General shall not approve 
     petitions'' and inserting ``the Secretary of Homeland 
     Security or the Secretary of State, as appropriate, shall not 
     approve petitions or applications'';
       (ii) by striking ``under section 204 or 214(c)'' and 
     inserting ``under section 101(a)(15)(E)(iii), 
     101(a)(15)(H)(i)(b1), 204, 214(c), or 214(e)''; and
       (iii) by striking the period at the end and inserting ``; 
     and''; and
       (D) by adding at the end the following:
       ``(III) an employer that violates paragraph (1)(A) shall be 
     liable to the employees harmed by such violation for lost 
     wages and benefits.'';
       (4) by striking clause (iv) and inserting the following:
       ``(iv)(I) An employer that has filed an application under 
     this subsection violates this clause by taking, failing to 
     take, or threatening to take or fail to take a personnel 
     action, or intimidating, threatening, restraining, coercing, 
     blacklisting, discharging, or discriminating in any other 
     manner against an employee because the employee--
       ``(aa) disclosed information that the employee reasonably 
     believes evidences a violation of this subsection or any rule 
     or regulation pertaining to this subsection; or
       ``(bb) cooperated or sought to cooperate with the 
     requirements under this subsection or any rule or regulation 
     pertaining to this subsection.
       ``(II) In this subparagraph, the term `employee' includes--
       ``(aa) a current employee;
       ``(bb) a former employee; and
       ``(cc) an applicant for employment.
       ``(III) An employer that violates this clause shall be 
     liable to the employee harmed by such violation for lost 
     wages and benefits.''; and
       (5) in clause (v)--
       (A) by inserting ``(I)'' after ``(v)''; and
       (B) by adding at the end the following:
       ``(II) Upon the termination of an H-1B nonimmigrant's 
     employment on account of such alien's disclosure of 
     information or cooperation in an investigation described in 
     clause (iv), the nonimmigrant stay of any beneficiary and any 
     dependents listed on the beneficiary's petition will be 
     authorized and the alien will not accrue any period of 
     unlawful presence under section 212(a)(9) for a 90-day period 
     or until the expiration of the authorized validity period, 
     whichever comes first, following the date of such termination 
     for the purpose of departure or extension of nonimmigrant 
     status based upon a subsequent offer of employment.''; and
       (6) in clause (vi)--
       (A) by amending subclause (I) to read as follows:
       ``(I) It is a violation of this clause for an employer that 
     has filed an application under this subsection--
       ``(aa) to require an H-1B nonimmigrant to pay a penalty or 
     liquidated damages for ceasing employment with the employer 
     before a date agreed to by the nonimmigrant and the employer; 
     or
       ``(bb) to fail to offer to an H-1B nonimmigrant, during the 
     nonimmigrant's period of authorized employment, on the same 
     basis, and in accordance with the same criteria, as the 
     employer offers to United States workers, benefits and 
     eligibility for benefits, including--
       ``(AA) the opportunity to participate in health, life, 
     disability, and other insurance plans;
       ``(BB) the opportunity to participate in retirement and 
     savings plans; and
       ``(CC) cash bonuses and noncash compensation, such as stock 
     options (whether or not based on performance).''; and
       (B) in subclause (III), by striking ``$1,000'' and 
     inserting ``$5,000''.

     SEC. 4203. WAIVER REQUIREMENTS.

       (a) In General.--Section 212(n)(2)(E) of the Immigration 
     and Nationality Act (8 U.S.C. 1182(n)(2)(E)) is amended to 
     read as follows:
       ``(E)(i) The Secretary of Labor may waive the prohibition 
     under paragraph (1)(F) if the Secretary determines that the 
     employer seeking such waiver has established that--
       ``(I) the employer with which the H-1B nonimmigrant would 
     be placed--
       ``(aa) will not at any time displace a United States worker 
     with 1 or more H-1B nonimmigrants; and
       ``(bb) has not displaced and will not displace a United 
     States worker employed by the employer within the period 
     beginning 180 days before the date of the placement of the 
     nonimmigrant with the employer and ending 180 days after such 
     date (not including any period of on-site or virtual training 
     of H-1B nonimmigrants by employees of the employer);
       ``(II) the H-1B nonimmigrant will be principally controlled 
     and supervised by the petitioning employer; and
       ``(III) the placement of the H-1B nonimmigrant is not 
     essentially an arrangement to provide labor for hire for the 
     employer with which the H-1B nonimmigrant will be placed.
       ``(ii) The Secretary shall grant or deny a waiver under 
     this subparagraph not later than seven days after the date on 
     which the Secretary receives an application for such 
     waiver.''.
       (b) Rulemaking.--
       (1) Rules for waivers.--The Secretary of Labor, after 
     notice and a period for comment, shall promulgate a final 
     rule for an employer to apply for a waiver under section 
     212(n)(2)(E) of the Immigration and Nationality Act, as 
     amended by subsection (a).

[[Page S700]]

       (2) Requirement for publication.--The Secretary of Labor 
     shall submit to Congress, and publish in the Federal Register 
     and in other appropriate media, a notice of the date on which 
     the rules required under paragraph (1) are promulgated.

     SEC. 4204. INITIATION OF INVESTIGATIONS.

       Section 212(n)(2)(G) of the Immigration and Nationality Act 
     (8 U.S.C. 1182(n)(2)(G)) is amended--
       (1) in clause (i), by striking ``if the Secretary of 
     Labor'' and all that follows and inserting ``with regard to 
     the employer's compliance with the requirements under this 
     subsection.'';
       (2) in clause (ii), by striking ``and whose identity'' and 
     all that follows through ``failure or failures.'' and 
     inserting ``the Secretary may conduct an investigation into 
     the employer's compliance with the requirements under this 
     subsection.'';
       (3) in clause (iii), by striking the last sentence;
       (4) by striking clauses (iv) and (v);
       (5) by redesignating clauses (vi), (vii), and (viii) as 
     clauses (iv), (v), and (vi), respectively;
       (6) in clause (iv), as redesignated, by striking ``meet a 
     condition described in clause (ii), unless the Secretary of 
     Labor receives the information not later than 12 months'' and 
     inserting ``comply with the requirements under this 
     subsection unless the Secretary of Labor receives the 
     information not later than 2 years'';
       (7) by amending clause (v), as redesignated, to read as 
     follows:
       ``(v)(I) Except as provided in subclause (II), the 
     Secretary of Labor shall provide notice to an employer of the 
     intent to conduct an investigation under this subparagraph. 
     Such notice shall be provided in such a manner, and shall 
     contain sufficient detail, to permit the employer to respond 
     to the allegations before an investigation is commenced.
       ``(II) The Secretary of Labor is not required to comply 
     with subclause (I) if the Secretary determines that such 
     compliance would interfere with an effort by the Secretary to 
     investigate or secure compliance by the employer with the 
     requirements under this subsection.
       ``(III) A determination by the Secretary of Labor under 
     this clause shall not be subject to judicial review.'';
       (8) in clause (vi), as redesignated, by striking ``An 
     investigation'' and all that follows through ``the 
     determination.'' and inserting ``If the Secretary of Labor, 
     after an investigation under clause (i) or (ii), determines 
     that a reasonable basis exists to make a finding that the 
     employer has failed to comply with the requirements under 
     this subsection, the Secretary, not later than 120 days after 
     the date of such determination, shall provide interested 
     parties with notice of such determination and an opportunity 
     for a hearing in accordance with section 556 of title 5, 
     United States Code.''; and
       (9) by adding at the end the following:
       ``(vii) If the Secretary of Labor, after a hearing, finds a 
     reasonable basis to believe that the employer has violated 
     the requirements under this subsection, the Secretary shall 
     impose a penalty in accordance with subparagraph (C).''.

     SEC. 4205. INFORMATION SHARING.

       Section 212(n)(2)(H) of the Immigration and Nationality Act 
     (8 U.S.C. 1182(n)(2)(H)) is amended to read as follows:
       ``(H) The Director of U.S. Citizenship and Immigration 
     Services shall provide the Secretary of Labor with any 
     information contained in the materials submitted by employers 
     of H-1B nonimmigrants as part of the petition adjudication 
     process that indicates that the employer is not complying 
     with visa program requirements for H-1B nonimmigrants. The 
     Secretary may initiate and conduct an investigation and 
     hearing under this paragraph after receiving information of 
     noncompliance under this subparagraph.''.

     SEC. 4206. CONFORMING AMENDMENT.

       Section 212(n)(2)(F) of the Immigration and Nationality Act 
     (8 U.S.C. 1182(n)(2)(F)) is amended by striking ``The 
     preceding sentence shall apply to an employer regardless of 
     whether or not the employer is an H-1B-dependent employer.''.

                     Subtitle C--Other Protections

     SEC. 4301. POSTING AVAILABLE POSITIONS THROUGH THE DEPARTMENT 
                   OF LABOR.

       (a) Department of Labor Website.--Section 212(n)(3) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(n)(3)) is 
     amended to read as follows:
       ``(3)(A) Not later than 90 days after the date of the 
     enactment of the H-1B and L-1 Visa Reform Act of 2024, the 
     Secretary of Labor shall establish a searchable internet 
     website for posting positions in accordance with paragraph 
     (1)(C) that is available to the public without charge.
       ``(B) The Secretary may work with private companies or 
     nonprofit organizations to develop and operate the internet 
     website described in subparagraph (A).
       ``(C) The Secretary may promulgate rules, after notice and 
     a period for comment, to carry out this paragraph.''.
       (b) Publication Requirement.--The Secretary of Labor shall 
     submit to Congress, and publish in the Federal Register and 
     in other appropriate media, a notice of the date on which the 
     internet website required under section 212(n)(3) of the 
     Immigration and Nationality Act, as amended by subsection 
     (a), will be operational.
       (c) Application.--The amendment made by subsection (a) 
     shall apply to any application filed on or after the date 
     that is 30 days after the date described in subsection (b).

     SEC. 4302. TRANSPARENCY AND REPORT ON WAGE SYSTEM.

       (a) Immigration Documents.--Section 204 of the Immigration 
     and Nationality Act (8 U.S.C. 1154) is amended by adding at 
     the end the following:
       ``(m) Employer To Provide Immigration Paperwork Exchanged 
     With Federal Agencies.--
       ``(1) In general.--Not later than 21 business days after 
     receiving a written request from a former, current, or 
     prospective employee listed as the beneficiary of an 
     employment-based nonimmigrant petition, the employer who 
     filed such petition shall provide such beneficiary with the 
     original (or a certified copy of the original) of all 
     petitions, notices, and other written communication exchanged 
     between the employer and the Department of Labor, the 
     Department of Homeland Security, or any other Federal agency 
     or department that is related to an immigrant or nonimmigrant 
     petition filed by the employer for such employee or 
     beneficiary.
       ``(2) Withholding of financial or proprietary 
     information.--If a document required to be provided to an 
     employee or prospective employee under paragraph (1) includes 
     any sensitive financial or proprietary information of the 
     employer, the employer may redact such information from the 
     copies provided to such person.''.
       (b) GAO Report on Job Classification and Wage 
     Determinations.--Not later than 1 year after the date of the 
     enactment of this Act, the Comptroller General of the United 
     States shall prepare a report that--
       (1) analyzes the accuracy and effectiveness of the 
     Secretary of Labor's current job classification and wage 
     determination system;
       (2) specifically addresses whether the systems in place 
     accurately reflect the complexity of current job types and 
     geographic wage differences; and
       (3) makes recommendations concerning necessary updates and 
     modifications.

     SEC. 4303. REQUIREMENTS FOR INFORMATION FOR H-1B AND L-1 
                   NONIMMIGRANTS.

       Section 214 of the Immigration and Nationality Act (8 
     U.S.C. 1184), as amended by this division, is further amended 
     by adding at the end the following:
       ``(s) Requirements for Information for H-1B and L-1 
     Nonimmigrants.--
       ``(1) In general.--Upon issuing a visa to an applicant, who 
     is outside the United States, for nonimmigrant status 
     pursuant to subparagraph (H)(i)(b) or (L) of section 
     101(a)(15), the issuing office shall provide the applicant 
     with--
       ``(A) a brochure outlining the obligations of the 
     applicant's employer and the rights of the applicant with 
     regard to employment under Federal law, including labor and 
     wage protections;
       ``(B) the contact information for appropriate Federal 
     agencies or departments that offer additional information or 
     assistance in clarifying such obligations and rights; and
       ``(C) a copy of the petition submitted for the nonimmigrant 
     under section 212(n) or the petition submitted for the 
     nonimmigrant under subsection (c)(2)(A), as appropriate.
       ``(2) Applicants inside the united states.--Upon the 
     approval of an initial petition filed for an alien who is in 
     the United States and seeking status under subparagraph 
     (H)(i)(b) or (L) of section 101(a)(15), the Secretary of 
     Homeland Security shall provide the applicant with the 
     material described in subparagraphs (A), (B), and (C) of 
     paragraph (1).''.

     SEC. 4304. ADDITIONAL DEPARTMENT OF LABOR EMPLOYEES.

       (a) In General.--The Secretary of Labor is authorized to 
     hire up to 200 additional employees to administer, oversee, 
     investigate, and enforce programs involving nonimmigrant 
     employees described in section 101(a)(15)(H)(i)(b) of the 
     Immigration and Nationality Act (8 U.S.C. 
     1101(a)(15)(H)(i)(b)).
       (b) Source of Funds.--The cost of hiring the additional 
     employees authorized to be hired under subsection (a) shall 
     be recovered with funds from the H-1B Administration, 
     Oversight, Investigation, and Enforcement Account established 
     under section 212(n)(6) of the Immigration and Nationality 
     Act, as added by section 107.

     SEC. 4305. TECHNICAL CORRECTION.

       Section 212 of the Immigration and Nationality Act (8 
     U.S.C. 1182) is amended by redesignating the second 
     subsection (t), as added by section 1(b)(2)(B) of the Act 
     entitled ``An Act to amend and extend the Irish Peace Process 
     Cultural and Training Program Act of 1998'' (Public Law 108-
     449; 118 Stat. 3470), as subsection (u).

     SEC. 4306. APPLICATION.

       Except as specifically otherwise provided, the amendments 
     made by this title shall apply to petitions and applications 
     filed on or after the date of the enactment of this Act.

             TITLE II--L-1 VISA FRAUD AND ABUSE PROTECTIONS

     SEC. 4401. PROHIBITION ON DISPLACEMENT OF UNITED STATES 
                   WORKERS AND RESTRICTING OUTPLACEMENT OF L-1 
                   NONIMMIGRANTS.

       (a) Restriction on Outplacement of L-1 Workers.--Section 
     214(c)(2)(F) of the Immigration and Nationality Act (8 U.S.C. 
     1184(c)(2)(F)) is amended to read as follows:
       ``(F)(i) Unless an employer receives a waiver under clause 
     (ii), an employer may not employ an alien, for a cumulative 
     period exceeding 1 year, who--

[[Page S701]]

       ``(I) will serve in a capacity involving specialized 
     knowledge with respect to an employer for purposes of section 
     101(a)(15)(L); and
       ``(II) will be stationed primarily at the worksite of an 
     employer other than the petitioning employer or its 
     affiliate, subsidiary, or parent, including pursuant to an 
     outsourcing, leasing, or other contracting agreement.
       ``(ii) The Secretary of Labor may grant a waiver of the 
     requirements under clause (i) if the Secretary determines 
     that the employer requesting such waiver has established 
     that--
       ``(I) the employer with which the alien referred to in 
     clause (i) would be placed--
       ``(aa) will not at any time displace (as defined in section 
     212(n)(4)(B)) a United States worker (as defined in section 
     212(n)(4)(E)) with 1 or more nonimmigrants described in 
     section 101(a)(15)(L); and
       ``(bb) has not displaced and will not displace (as defined 
     in section 212(n)(4)(B)) a United States worker (as defined 
     in section 212(n)(4)(E)) employed by the employer within the 
     period beginning 180 days before the date of the placement of 
     such alien with the employer and ending 180 days after such 
     date (not including any period of on-site or virtual training 
     of nonimmigrants described in section 101(a)(15)(L) by 
     employees of the employer);
       ``(II) such alien will be principally controlled and 
     supervised by the petitioning employer; and
       ``(III) the placement of the nonimmigrant is not 
     essentially an arrangement to provide labor for hire for an 
     unaffiliated employer with which the nonimmigrant will be 
     placed, rather than a placement in connection with the 
     provision of a product or service for which specialized 
     knowledge specific to the petitioning employer is necessary.
       ``(iii) The Secretary shall grant or deny a waiver under 
     clause (ii) not later than seven days after the date on which 
     the Secretary receives the application for the waiver.''.
       (b) Prohibition on Displacement of United States Workers.--
     Section 214(c)(2) of the Immigration and Nationality Act (8 
     U.S.C. 1184(c)(2)) is amended by adding at the end the 
     following:
       ``(G)(i) An employer importing an alien as a nonimmigrant 
     under section 101(a)(15)(L)--
       ``(I) may not at any time displace (as defined in section 
     212(n)(4)(B)) a United States worker (as defined in section 
     212(n)(4)(E)) with 1 or more such nonimmigrants; and
       ``(II) may not displace (as defined in section 
     212(n)(4)(B)) a United States worker (as defined in section 
     212(n)(4)(E)) employed by the employer during the period 
     beginning 180 days before and ending 180 days after the date 
     of the placement of such a nonimmigrant with the employer.
       ``(ii) The 180-day periods referenced in clause (i) may not 
     include any period of on-site or virtual training of 
     nonimmigrants described in clause (i) by employees of the 
     employer.''.
       (c) Rulemaking.--The Secretary of Homeland Security, after 
     notice and a period for comment, shall promulgate rules for 
     an employer to apply for a waiver under section 
     214(c)(2)(F)(ii), as added by subsection (a).

     SEC. 4402. L-1 EMPLOYER PETITION REQUIREMENTS FOR EMPLOYMENT 
                   AT NEW OFFICES.

       Section 214(c)(2) of the Immigration and Nationality Act (8 
     U.S.C. 1184(c)(2)), as amended by section 4401, is further 
     amended by adding at the end the following:
       ``(H)(i) If the beneficiary of a petition under this 
     paragraph is coming to the United States to open, or to be 
     employed in, a new office, the petition may be approved for 
     up to 12 months only if--
       ``(I) the alien has not been the beneficiary of 2 or more 
     petitions under this subparagraph during the immediately 
     preceding 2 years; and
       ``(II) the employer operating the new office has--
       ``(aa) an adequate business plan;
       ``(bb) sufficient physical premises to carry out the 
     proposed business activities; and
       ``(cc) the financial ability to commence doing business 
     immediately upon the approval of the petition.
       ``(ii) An extension of the approval period under clause (i) 
     may not be granted until the importing employer submits an 
     application to the Secretary of Homeland Security that 
     contains--
       ``(I) evidence that the importing employer meets the 
     requirements of this subsection;
       ``(II) evidence that the beneficiary of the petition is 
     eligible for nonimmigrant status under section 101(a)(15)(L);
       ``(III) a statement summarizing the original petition;
       ``(IV) evidence that the importing employer has fully 
     complied with the business plan submitted under clause 
     (i)(I);
       ``(V) evidence of the truthfulness of any representations 
     made in connection with the filing of the original petition;
       ``(VI) evidence that the importing employer, for the entire 
     period beginning on the date on which the petition was 
     approved under clause (i), has been doing business at the new 
     office through regular, systematic, and continuous provision 
     of goods and services;
       ``(VII) a statement of the duties the beneficiary has 
     performed at the new office during the approval period under 
     clause (i) and the duties the beneficiary will perform at the 
     new office during the extension period granted under this 
     clause;
       ``(VIII) a statement describing the staffing at the new 
     office, including the number of employees and the types of 
     positions held by such employees;
       ``(IX) evidence of wages paid to employees;
       ``(X) evidence of the financial status of the new office; 
     and
       ``(XI) any other evidence or data prescribed by the 
     Secretary.
       ``(iii) A new office employing the beneficiary of an L-1 
     petition approved under this paragraph shall do business only 
     through regular, systematic, and continuous provision of 
     goods and services for the entire period for which the 
     petition is sought.
       ``(iv) Notwithstanding clause (ii), and subject to the 
     maximum period of authorized admission set forth in 
     subparagraph (D), the Secretary of Homeland Security, in the 
     Secretary's discretion, may approve a subsequently filed 
     petition on behalf of the beneficiary to continue employment 
     at the office described in this subparagraph for a period 
     beyond the initially granted 12-month period if the importing 
     employer has been doing business at the new office through 
     regular, systematic, and continuous provision of goods and 
     services for the 6 months immediately preceding the date of 
     extension petition filing and demonstrates that the failure 
     to satisfy any of the requirements described in those 
     subclauses was directly caused by extraordinary 
     circumstances, as determined by the Secretary in the 
     Secretary's discretion.''.

     SEC. 4403. COOPERATION WITH SECRETARY OF STATE.

       Section 214(c)(2) of the Immigration and Nationality Act (8 
     U.S.C. 1184(c)(2)), as amended by sections 4401 and 4402, is 
     further amended by adding at the end the following:
       ``(I) The Secretary of Homeland Security shall work 
     cooperatively with the Secretary of State to verify the 
     existence or continued existence of a company or office in 
     the United States or in a foreign country for purposes of 
     approving petitions under this paragraph.''.

     SEC. 4404. INVESTIGATION AND DISPOSITION OF COMPLAINTS 
                   AGAINST L-1 EMPLOYERS.

       Section 214(c)(2) of the Immigration and Nationality Act (8 
     U.S.C. 1184(c)(2)), as amended by sections 4401 through 4403, 
     is further amended by adding at the end the following:
       ``(J)(i) The Secretary of Homeland Security may initiate an 
     investigation of any employer that employs nonimmigrants 
     described in section 101(a)(15)(L) with regard to the 
     employer's compliance with the requirements under this 
     subsection.
       ``(ii) If the Secretary receives specific credible 
     information from a source who is likely to have knowledge of 
     an employer's practices, employment conditions, or compliance 
     with the requirements under this subsection, the Secretary 
     may conduct an investigation into the employer's compliance 
     with the requirements of this subsection. The Secretary may 
     withhold the identity of the source from the employer, and 
     the source's identity shall not be subject to disclosure 
     under section 552 of title 5, United States Code.
       ``(iii) The Secretary shall establish a procedure for any 
     person desiring to provide to the Secretary information 
     described in clause (ii) that may be used, in whole or in 
     part, as the basis for the commencement of an investigation 
     described in such clause, to provide the information in 
     writing on a form developed and provided by the Secretary and 
     completed by or on behalf of the person.
       ``(iv) No investigation described in clause (ii) (or 
     hearing described in clause (vi) based on such investigation) 
     may be conducted with respect to information about a failure 
     to comply with the requirements under this subsection, unless 
     the Secretary receives the information not later than 24 
     months after the date of the alleged failure.
       ``(v) Before commencing an investigation of an employer 
     under clause (i) or (ii), the Secretary shall provide notice 
     to the employer of the intent to conduct such investigation. 
     The notice shall be provided in such a manner, and shall 
     contain sufficient detail, to permit the employer to respond 
     to the allegations before an investigation is commenced. The 
     Secretary is not required to comply with this clause if the 
     Secretary determines that to do so would interfere with an 
     effort by the Secretary to investigate or secure compliance 
     by the employer with the requirements of this subsection. 
     There shall be no judicial review of a determination by the 
     Secretary under this clause.
       ``(vi) If the Secretary, after an investigation under 
     clause (i) or (ii), determines that a reasonable basis exists 
     to make a finding that the employer has failed to comply with 
     the requirements under this subsection, the Secretary shall 
     provide the interested parties with notice of such 
     determination and an opportunity for a hearing in accordance 
     with section 556 of title 5, United States Code, not later 
     than 120 days after the date of such determination. If such a 
     hearing is requested, the Secretary shall make a finding 
     concerning the matter by not later than 120 days after the 
     date of the hearing.
       ``(vii) If the Secretary, after a hearing, finds a 
     reasonable basis to believe that the employer has violated 
     the requirements under this subsection, the Secretary shall 
     impose a penalty under subparagraph (L).
       ``(viii)(I) The Secretary may conduct surveys of the degree 
     to which employers comply with the requirements under this 
     section.
       ``(II) The Secretary shall--
       ``(aa) conduct annual compliance audits of not less than 1 
     percent of the employers that

[[Page S702]]

     employ nonimmigrants described in section 101(a)(15)(L) 
     during the applicable fiscal year;
       ``(bb) conduct annual compliance audits of each employer 
     with more than 100 employees who work in the United States if 
     more than 15 percent of such employees are nonimmigrants 
     described in section 101(a)(15)(L); and
       ``(cc) make available to the public an executive summary or 
     report describing the general findings of the audits carried 
     out pursuant to this subclause.
       ``(ix) The Secretary is authorized to take other such 
     actions, including issuing subpoenas and seeking appropriate 
     injunctive relief and specific performance of contractual 
     obligations, as may be necessary to assure employer 
     compliance with the terms and conditions under this 
     paragraph. The rights and remedies provided to nonimmigrants 
     described in section 101(a)(15)(L) under this paragraph are 
     in addition to, and not in lieu of, any other contractual or 
     statutory rights and remedies of such nonimmigrants, and are 
     not intended to alter or affect such rights and remedies.''.

     SEC. 4405. WAGE RATE AND WORKING CONDITIONS FOR L-1 
                   NONIMMIGRANTS.

       (a) In General.--Section 214(c)(2) of the Immigration and 
     Nationality Act (8 U.S.C. 1184(c)(2)), as amended by sections 
     4401 through 4404, is further amended by adding at the end 
     the following:
       ``(K)(i) An employer that employs a nonimmigrant described 
     in section 101(a)(15)(L) for a cumulative period of time in 
     excess of 1 year shall--
       ``(I) offer such nonimmigrant, during the period of 
     authorized employment, wages, based on the best information 
     available at the time the application is filed, which are not 
     less than the highest of--
       ``(aa) the locally determined prevailing wage level for the 
     occupational classification in the area of employment;
       ``(bb) the median wage for all workers in the occupational 
     classification in the area of employment; and
       ``(cc) the median wage for skill level 2 in the 
     occupational classification found in the most recent 
     Occupational Employment Statistics survey; and
       ``(II) provide working conditions for such nonimmigrant 
     that will not adversely affect the working conditions of 
     workers similarly employed by the employer or by an employer 
     with which such nonimmigrant is placed pursuant to a waiver 
     under subparagraph (F)(ii).
       ``(ii) If an employer, in such previous period specified by 
     the Secretary of Homeland Security, employed 1 or more such 
     nonimmigrants, the employer shall provide to the Secretary of 
     Homeland Security the Internal Revenue Service Form W-2 Wage 
     and Tax Statement filed by the employer with respect to such 
     nonimmigrants for such period.
       ``(iii) It is a failure to meet a condition under this 
     subparagraph for an employer who has filed a petition to 
     import 1 or more aliens as nonimmigrants described in section 
     101(a)(15)(L)--
       ``(I) to require such a nonimmigrant to pay a penalty or 
     liquidated damages for ceasing employment with the employer 
     before a date mutually agreed to by the nonimmigrant and the 
     employer; or
       ``(II) to fail to offer to such a nonimmigrant, during the 
     nonimmigrant's period of authorized employment, on the same 
     basis, and in accordance with the same criteria, as the 
     employer offers to United States workers, benefits and 
     eligibility for benefits, including--
       ``(aa) the opportunity to participate in health, life, 
     disability, and other insurance plans;
       ``(bb) the opportunity to participate in retirement and 
     savings plans; and
       ``(cc) cash bonuses and noncash compensation, such as stock 
     options (whether or not based on performance).''.
       (b) Rulemaking.--The Secretary of Homeland Security, after 
     notice and a period of comment and taking into consideration 
     any special circumstances relating to intracompany transfers, 
     shall promulgate rules to implement the requirements under 
     section 214(c)(2)(K) of the Immigration and Nationality Act, 
     as added by subsection (a).

     SEC. 4406. PENALTIES.

       Section 214(c)(2) of the Immigration and Nationality Act (8 
     U.S.C. 1184(c)(2)), as amended by sections 4401 through 4405, 
     is further amended by adding at the end the following:
       ``(L)(i) If the Secretary of Homeland Security determines, 
     after notice and an opportunity for a hearing, that an 
     employer failed to meet a condition under subparagraph (F), 
     (G), (K), or (M), or misrepresented a material fact in a 
     petition to employ 1 or more aliens as nonimmigrants 
     described in section 101(a)(15)(L)--
       ``(I) the Secretary shall impose such administrative 
     remedies (including civil monetary penalties in an amount not 
     to exceed $5,000 per violation) as the Secretary determines 
     to be appropriate;
       ``(II) the Secretary of Homeland Security or the Secretary 
     of State, as appropriate, shall not approve petitions or 
     applications filed with respect to that employer during a 
     period of at least 1 year for 1 or more aliens to be employed 
     as such nonimmigrants by the employer; and
       ``(III) in the case of a violation of subparagraph (K) or 
     (M), the employer shall be liable to the employees harmed by 
     such violation for lost wages and benefits.
       ``(ii) If the Secretary finds, after notice and an 
     opportunity for a hearing, a willful failure by an employer 
     to meet a condition under subparagraph (F), (G), (K), or (M) 
     or a willful misrepresentation of material fact in a petition 
     to employ 1 or more aliens as nonimmigrants described in 
     section 101(a)(15)(L)--
       ``(I) the Secretary shall impose such administrative 
     remedies (including civil monetary penalties in an amount not 
     to exceed $25,000 per violation) as the Secretary determines 
     to be appropriate;
       ``(II) the Secretary of Homeland Security or the Secretary 
     of State, as appropriate, shall not approve petitions or 
     applications filed with respect to that employer during a 
     period of at least 2 years for 1 or more aliens to be 
     employed as such nonimmigrants by the employer; and
       ``(III) in the case of a violation of subparagraph (K) or 
     (M), the employer shall be liable to the employees harmed by 
     such violation for lost wages and benefits.''.

     SEC. 4407. PROHIBITION ON RETALIATION AGAINST L-1 
                   NONIMMIGRANTS.

       Section 214(c)(2) of the Immigration and Nationality Act (8 
     U.S.C. 1184(c)(2)), as amended by sections 4401 through 4406, 
     is further amended by adding at the end the following:
       ``(M)(i) An employer that has filed a petition to import 1 
     or more aliens as nonimmigrants described in section 
     101(a)(15)(L) violates this subparagraph by taking, failing 
     to take, or threatening to take or fail to take, a personnel 
     action, or intimidating, threatening, restraining, coercing, 
     blacklisting, discharging, or discriminating in any other 
     manner against an employee because the employee--
       ``(I) has disclosed information that the employee 
     reasonably believes evidences a violation of this subsection, 
     or any rule or regulation pertaining to this subsection; or
       ``(II) cooperates or seeks to cooperate with the 
     requirements under this subsection, or any rule or regulation 
     pertaining to this subsection.
       ``(ii) Upon termination of the employment of an alien 
     described in section 101(a)(15)(L) on account of actions by 
     such alien described in subclauses (I) and (II) of clause 
     (i), such alien's nonimmigrant stay and the stay of any 
     beneficiary and any dependents listed on the beneficiary's 
     petition or application will be authorized and the aliens 
     will not accrue any period of unlawful presence under section 
     212(a)(9) for a 90-day period or upon the expiration of the 
     authorized validity period, whichever comes first, following 
     the date of such termination for the purpose of departure or 
     extension of nonimmigrant status based upon a subsequent 
     offer of employment.
       ``(iii) In this subparagraph, the term `employee' 
     includes--
       ``(I) a current employee;
       ``(II) a former employee; and
       ``(III) an applicant for employment.''.

     SEC. 4408. ADJUDICATION BY DEPARTMENT OF HOMELAND SECURITY OF 
                   PETITIONS UNDER BLANKET PETITION.

       (a) In General.--Section 214(c)(2)(A) of the Immigration 
     and Nationality Act (8 U.S.C. 1184(c)(2)(A)) is amended to 
     read as follows:
       ``(A) The Secretary of Homeland Security shall establish a 
     procedure under which an importing employer that meets the 
     requirements established by the Secretary may file a blanket 
     petition with the Secretary to authorize aliens to enter the 
     United States as nonimmigrants described in section 
     101(a)(15)(L) instead of filing individual petitions under 
     paragraph (1) on behalf of such aliens. Such procedure shall 
     permit--
       ``(i) the expedited adjudication by the Secretary of 
     Homeland Security of individual petitions covered under such 
     blanket petitions; and
       ``(ii) the expedited processing by the Secretary of State 
     of visas for admission of aliens covered under such blanket 
     petitions.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to petitions filed on or after the date of the 
     enactment of this Act.

     SEC. 4409. REPORTS ON EMPLOYMENT-BASED NONIMMIGRANTS.

       (a) In General.--Section 214(c)(8) of the Immigration and 
     Nationality Act (8 U.S.C. 1184(c)(8)) is amended to read as 
     follows--
       ``(8) The Secretary of Homeland Security or Secretary of 
     State, as appropriate, shall submit an annual report to the 
     Committee on the Judiciary of the Senate and the Committee on 
     the Judiciary of the House of Representatives that describes, 
     with respect to petitions under subsection (e) and each 
     subcategory of subparagraphs (H), (L), (O), (P), and (Q) of 
     section 101(a)(15)--
       ``(A) the number of such petitions (or applications for 
     admission, in the case of applications by Canadian nationals 
     seeking admission under subsection (e) or section 
     101(a)(15)(L)) which have been filed;
       ``(B) the number of such petitions which have been approved 
     and the number of workers (by occupation) included in such 
     approved petitions;
       ``(C) the number of such petitions which have been denied 
     and the number of workers (by occupation) requested in such 
     denied petitions;
       ``(D) the number of such petitions which have been 
     withdrawn;
       ``(E) the number of such petitions which are awaiting final 
     action;
       ``(F) the number of aliens in the United States under each 
     subcategory under section 101(a)(15)(H); and

[[Page S703]]

       ``(G) the number of aliens in the United States under each 
     subcategory under section 101(a)(15)(L).''.
       (b) Nonimmigrant Characteristics Report.--Section 416(c) of 
     the American Competitiveness and Workforce Improvement Act of 
     1998 (8 U.S.C. 1184 note) is amended--
       (1) by amending paragraph (2) to read as follows:
       ``(2) Annual h-1b nonimmigrant characteristics report.--The 
     Secretary of Homeland Security shall submit an annual report 
     to the Committee on the Judiciary of the Senate and the 
     Committee on the Judiciary of the House of Representatives 
     that contains--
       ``(A) for the previous fiscal year--
       ``(i) information on the countries of origin of, 
     occupations of, educational levels attained by, and 
     compensation paid to, aliens who were issued visas or 
     provided nonimmigrant status under section 
     101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(15)(H)(i)(b));
       ``(ii) a list of all employers who petitioned for H-1B 
     workers, the number of such petitions filed and approved for 
     each such employer, the occupational classifications for the 
     approved positions, and the number of H-1B nonimmigrants for 
     whom each such employer filed an employment-based immigrant 
     petition pursuant to section 204(a)(1)(F) of the Immigration 
     and Nationality Act (8 U.S.C. 1154(a)(1)(F)); and
       ``(iii) the number of employment-based immigrant petitions 
     filed pursuant to such section 204(a)(1)(F) on behalf of H-1B 
     nonimmigrants;
       ``(B) a list of all employers for whom more than 15 percent 
     of their United States workforce is H-1B or L-1 
     nonimmigrants;
       ``(C) a list of all employers for whom more than 50 percent 
     of their United States workforce is H-1B or L-1 
     nonimmigrants;
       ``(D) a gender breakdown by occupation and by country of 
     origin of H-1B nonimmigrants;
       ``(E) a list of all employers who have been granted a 
     waiver under section 214(n)(2)(E) of the Immigration and 
     Nationality Act (8 U.S.C. 1184(n)(2)(E)); and
       ``(F) the number of H-1B nonimmigrants categorized by their 
     highest level of education and whether such education was 
     obtained in the United States or in a foreign country.'';
       (2) by redesignating paragraph (3) as paragraph (5);
       (3) by inserting after paragraph (2) the following:
       ``(3) Annual l-1 nonimmigrant characteristics report.--The 
     Secretary of Homeland Security shall submit an annual report 
     to the Committee on the Judiciary of the Senate and the 
     Committee on the Judiciary of the House of Representatives 
     that contains--
       ``(A) for the previous fiscal year--
       ``(i) information on the countries of origin of, 
     occupations of, educational levels attained by, and 
     compensation paid to, aliens who were issued visas or 
     provided nonimmigrant status under section 101(a)(15)(L) of 
     the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(15)(L));
       ``(ii) a list of all employers who petitioned for L-1 
     workers, the number of such petitions filed and approved for 
     each such employer, the occupational classifications for the 
     approved positions, and the number of L-1 nonimmigrants for 
     whom each such employer filed an employment-based immigrant 
     petition pursuant to section 204(a)(1)(F) of the Immigration 
     and Nationality Act (8 U.S.C. 1154(a)(1)(F)); and
       ``(iii) the number of employment-based immigrant petitions 
     filed pursuant to such section 204(a)(1)(F) on behalf of L-1 
     nonimmigrants;
       ``(B) a gender breakdown by occupation and by country of L-
     1 nonimmigrants;
       ``(C) a list of all employers who have been granted a 
     waiver under section 214(c)(2)(F)(ii) of the Immigration and 
     Nationality Act (8 U.S.C. 1184(c)(2)(F)(ii));
       ``(D) the number of L-1 nonimmigrants categorized by their 
     highest level of education and whether such education was 
     obtained in the United States or in a foreign country;
       ``(E) the number of applications that have been filed for 
     each subcategory of nonimmigrant described under section 
     101(a)(15)(L) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(15)(L)), based on an approved blanket petition 
     under section 214(c)(2)(A) of such Act; and
       ``(F) the number of applications that have been approved 
     for each subcategory of nonimmigrant described under such 
     section 101(a)(15)(L), based on an approved blanket petition 
     under such section 214(c)(2)(A).
       ``(4) Annual h-1b employer survey.--The Secretary of Labor 
     shall--
       ``(A) conduct an annual survey of employers hiring foreign 
     nationals under the H-1B visa program; and
       ``(B) issue an annual report that--
       ``(i) describes the methods employers are using to meet the 
     requirement under section 212(n)(1)(G)(i) of the Immigration 
     and Nationality Act (8 U.S.C. 1182(n)(1)(G)(i)) of taking 
     good faith steps to recruit United States workers for the 
     occupational classification for which the nonimmigrants are 
     sought, using procedures that meet industry-wide standards;
       ``(ii) describes the best practices for recruiting among 
     employers; and
       ``(iii) contains recommendations on which recruiting steps 
     employers can take to maximize the likelihood of hiring 
     American workers.''; and
       (4) in paragraph (5), as redesignated, by striking 
     ``paragraph (2)'' and inserting ``paragraphs (2) and (3)''.

     SEC. 4410. SPECIALIZED KNOWLEDGE.

       Section 214(c)(2)(B) of the Immigration and Nationality Act 
     (8 U.S.C. 1184(c)(2)(B)) is amended to read as follows:
       ``(B)(i) For purposes of section 101(a)(15)(L), the term 
     `specialized knowledge'--
       ``(I) means knowledge possessed by an individual whose 
     advanced level of expertise and proprietary knowledge of the 
     employer's product, service, research, equipment, techniques, 
     management, or other interests of the employer are not 
     readily available in the United States labor market;
       ``(II) is clearly unique from those held by others employed 
     in the same or similar occupations; and
       ``(III) does not apply to persons who have general 
     knowledge or expertise which enables them merely to produce a 
     product or provide a service.
       ``(ii)(I) The ownership of patented products or copyrighted 
     works by a petitioner under section 101(a)(15)(L) does not 
     establish that a particular employee has specialized 
     knowledge. In order to meet the definition under clause (i), 
     the beneficiary shall be a key person with knowledge that is 
     critical for performance of the job duties and is protected 
     from disclosure through patent, copyright, or company policy.
       ``(II) Unique procedures are not proprietary knowledge 
     within this context unless the entire system and philosophy 
     behind the procedures are clearly different from those of 
     other firms, they are relatively complex, and they are 
     protected from disclosure to competition.''.

     SEC. 4411. TECHNICAL AMENDMENTS.

       (a) Delegation of Authority.--Section 212(n)(5)(F) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(n)(5)(F)) is 
     amended by striking ``Department of Justice'' and inserting 
     ``Department of Homeland Security''.
       (b) Petitions for Certain Nonimmigrant Visas.--Section 
     214(c) of such Act (8 U.S.C. 1184(c)) is amended by striking 
     ``Attorney General'' each place such term appears and 
     inserting ``Secretary of Homeland Security''.

     SEC. 4412. APPLICATION.

       Except as otherwise specifically provided, the amendments 
     made by this title shall apply to petitions and applications 
     filed on or after the date of the enactment of this Act.
                                 ______
                                 
  SA 1500. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the end, add the following:

                 DIVISION C--STOPPING BORDER SURGES ACT

     SEC. 4001. SHORT TITLE.

       This division may be cited as the ``Stopping Border Surges 
     Act''.

                 TITLE I--UNACCOMPANIED ALIEN CHILDREN

     SEC. 4011. REPATRIATION OF UNACCOMPANIED ALIEN CHILDREN.

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

       (I) in the matter preceding clause (i), by striking ``who 
     is a national or habitual resident of a country that is 
     contiguous with the United States'';
       (II) in clause (i), by inserting ``and'' at the end;
       (III) in clause (ii), by striking ``; and'' and inserting a 
     period; and
       (IV) by striking clause (iii);

       (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

       (iv) in subparagraph (C)--

       (I) by amending the subparagraph heading to read as 
     follows: ``Agreements with foreign countries.--''; and
       (II) in the matter preceding clause (i), by striking ``The 
     Secretary of State shall negotiate agreements between the 
     United States and countries contiguous to the United States'' 
     and inserting ``The Secretary of State may negotiate 
     agreements between the United States and any foreign country 
     that the Secretary determines appropriate'';

       (B) by redesignating paragraphs (3) through (5) as 
     paragraphs (4) through (6), respectively;
       (C) by inserting after paragraph (2) the following:

[[Page S704]]

       ``(3) Special rules for interviewing unaccompanied alien 
     children.--An unaccompanied alien child shall be interviewed 
     by an immigration officer with specialized training in 
     interviewing child trafficking victims.''; and
       (D) in paragraph (6)(D), as redesignated--
       (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 ``, which shall include a 
     hearing before an immigration judge not later than 14 days 
     after being screened under paragraph (4)'' before the 
     semicolon at the end;
       (2) in subsection (b)--
       (A) in paragraph (2)--
       (i) in subparagraph (A), by inserting ``believed not to 
     meet the criteria listed in subsection (a)(2)(A)'' before the 
     semicolon at the end; and
       (ii) in subparagraph (B), by inserting ``and does not meet 
     the criteria listed in subsection (a)(2)(A)'' before the 
     period at the end; 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 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 adding at the end the following:
       ``(D) Information about individuals with whom children are 
     placed.--
       ``(i) Information to be provided to the department of 
     homeland security.--Before placing an unaccompanied alien 
     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, 
     the following information:

       ``(I) The name of the individual.
       ``(II) The Social Security number of the individual, if 
     available.
       ``(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.
       ``(VI) Contact information for the individual.

       ``(ii) Special rule.--Not later than 90 days after the date 
     of the enactment of this subparagraph, the Secretary of 
     Health and Human Services shall provide to the Secretary of 
     Homeland Security the information listed in clause (i) with 
     respect to any unaccompanied alien child apprehended between 
     January 1, 2021, and such date of enactment who the Secretary 
     of Health and Human Services has placed with an individual.
       ``(iii) 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 shall--

       ``(I) if the immigration status of an individual with whom 
     a child is placed is unknown, investigate the immigration 
     status of such individual; and
       ``(II) upon determining that an individual with whom a 
     child is placed is unlawfully present in the United States, 
     initiate removal proceedings against such individual pursuant 
     to chapter 4 of title II of the Immigration and Nationality 
     Act (8 U.S.C. 1221 et seq.)''; 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 apprehended on 
     or after the date of enactment of this Act.

     SEC. 4012. 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) Rule of 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, and all determinations regarding the 
     detention of such children shall be in the discretion of the 
     Secretary of Homeland Security.
       ``(2) Release of minors other than unaccompanied aliens.--
     An alien minor who is not an unaccompanied alien child may 
     not be released by the Secretary of Homeland Security other 
     than to a parent or legal guardian who is lawfully present in 
     the United States.
       ``(3) 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 amendment made by subsection (a) is intended to satisfy 
     the requirements of the Settlement Agreement in Flores v. 
     Meese, No. 85-4544 (C.D. Cal) as approved by the court on 
     January 28, 1997, with respect to its interpretation in 
     Flores v. Johnson, 212 F. Supp. 3d 864 (C.D. Cal. 2015), that 
     the agreement applies to accompanied minors.
       (c) Effective Date.--The amendment made by subsection (a)--
       (1) shall take effect on the date of the enactment of this 
     Act; and
       (2) shall apply to all actions that occur before, on, or 
     after such date of enactment.
       (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 1 or more of such children and the 
     parents or legal guardians of such children, that is located 
     in such State, be licensed by the State or by any political 
     subdivision of such State.

     SEC. 4013. SPECIAL IMMIGRANT JUVENILE STATUS FOR IMMIGRANTS 
                   UNABLE TO REUNITE WITH EITHER PARENT.

       Section 101(a)(27)(J) of the Immigration and Nationality 
     Act (8 U.S.C. 1101(a)(27)(J)) is amended--
       (1) in clause (i), by striking ``, and whose reunification 
     with 1 or both of the immigrant's parents is not viable due 
     to abuse, neglect, abandonment, or a similar basis found 
     under State law''; and
       (2) in clause (iii)--
       (A) in subclause (I), by striking ``and'' at the end;
       (B) in subclause (II), by adding ``and'' at the end; and
       (C) by adding at the end the following:

       ``(III) an alien may not be granted special immigrant 
     juvenile status under this subparagraph if his or her 
     reunification with any parent or legal guardian is not 
     precluded by abuse, neglect, abandonment, or any similar 
     cause under State law;''.

                        TITLE II--ASYLUM REFORM

     SEC. 4021. CLARIFICATION OF ASYLUM ELIGIBILITY.

       (a) 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 ``and has arrived in the United States at 
     a port of entry,'' after ``United States''.
       (b) Eligibility.--Section 208(b)(1)(A) of such Act (8 
     U.S.C. 1158(b)(1)(A)) is amended by inserting ``and is 
     eligible to apply for asylum under subsection (a)'' after 
     ``section 101(a)(42)(A)''.

     SEC. 4022. SAFE THIRD COUNTRY.

       Section 208(a)(2)(A) of the Immigration and Nationality Act 
     (8 U.S.C. 1158(a)(2)(A)) is amended--
       (1) by striking ``if the Attorney General determines that 
     the alien may be removed'' and inserting the following: ``if 
     the Attorney General or the Secretary of Homeland Security 
     determines that--
       ``(i) the alien may be removed'';
       (2) by striking ``removed, pursuant to a bilateral or 
     multilateral agreement, to'' and inserting ``removed to'';
       (3) by inserting ``, on a case by case basis,'' before 
     ``finds that'';
       (4) by striking the period at the end and inserting ``; 
     or''; and
       (5) by adding at the end the following:
       ``(ii) the alien entered, attempted to enter, or arrived in 
     the United States after transiting through at least one 
     country outside the alien's country of citizenship, 
     nationality, or last lawful habitual residence en route to 
     the United States, unless--
       ``(I) the alien demonstrates that he or she applied for 
     protection from persecution or torture in at least one 
     country outside the alien's country of citizenship, 
     nationality, or last lawful habitual residence through which 
     the alien transited en route to the United States, and the 
     alien received a final judgement 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 younger than 18 years 
     of age; or in which the trafficking included the recruitment, 
     harboring, transportation, provision, or obtaining of a 
     person for labor or services through

[[Page S705]]

     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 all countries that 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. 4023. APPLICATION TIMING.

       Section 208(a)(2)(B) of the Immigration and Nationality Act 
     (8 U.S.C. 1158(a)(2)(B)) is amended by striking ``1 year'' 
     and inserting ``6 months''.

     SEC. 4024. CLARIFICATION OF BURDEN OF PROOF.

       Section 208(b)(1)(B)(i) of the Immigration and Nationality 
     Act (8 U.S.C. 1158(b)(1)(B)(i)) is amended by striking ``at 
     least one central reason'' and inserting ``the central 
     reason''.

     SEC. 4025. ANTI-FRAUD INVESTIGATIVE WORK PRODUCT.

       (a) Asylum Credibility Determinations.--Section 
     208(b)(1)(B)(iii) of the Immigration and Nationality Act (8 
     U.S.C. 1158(b)(1)(B)(iii)) is amended by inserting after 
     ``all relevant factors'' the following: ``, including 
     statements made to, and investigative reports prepared by, 
     immigration authorities and other government officials''.
       (b) Relief for Removal Credibility Determinations.--Section 
     240(c)(4)(C) of such Act (8 U.S.C. 1229a(c)(4)(C)) is amended 
     by inserting ``, including statements made to, and 
     investigative reports prepared by, immigration authorities 
     and other government officials'' after ``all relevant 
     factors''.

     SEC. 4026. ADDITIONAL EXCEPTION.

       Section 208(b)(2)(A) of the Immigration and Nationality Act 
     (8 U.S.C. 1158(b)(2)(A)) is amended--
       (1) in clause (v), by striking ``or'' at the end;
       (2) in clause (vi), by striking the period and inserting 
     ``; or''; and
       (3) by adding at the end the following:
       ``(vii) there are reasonable grounds for concluding the 
     alien could avoid persecution by relocating to another part 
     of the alien's country of nationality or, if stateless, 
     another part of the alien's country of last habitual 
     residence.''.

     SEC. 4027. JURISDICTION OF ASYLUM APPLICATIONS.

       Section 208(b)(3) of the Immigration and Nationality Act (8 
     U.S.C. 1158) is amended by striking subparagraph (C).

     SEC. 4028. RENUNCIATION OF ASYLUM STATUS PURSUANT TO RETURN 
                   TO HOME COUNTRY.

       (a) In General.--Section 208(c) of the Immigration and 
     Nationality Act (8 U.S.C. 1158(c)) is amended by adding at 
     the end the following:
       ``(4) Renunciation of status pursuant to return to home 
     country.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     any alien who is granted asylum status under this Act, who, 
     absent changed country conditions, subsequently returns to 
     the country of such alien's nationality or, in the case of an 
     alien having no nationality, returns to any country in which 
     such alien last habitually resided, and who applied for such 
     status because of persecution or a well-founded fear of 
     persecution in that country on account of race, religion, 
     nationality, membership in a particular social group, or 
     political opinion, shall have his or her status terminated.
       ``(B) Waiver.--The Secretary has discretion to waive 
     subparagraph (A) if it is established to the satisfaction of 
     the Secretary that the alien had a compelling reason for the 
     return. The waiver may be sought prior to departure from the 
     United States or upon return.''.
       (b) Conforming Amendment.--Section 208(c)(3) of such Act (8 
     U.S.C. 1158(c)(3)) is amended by inserting ``or (4)'' after 
     ``paragraph (2)''.

     SEC. 4029. CLARIFICATION REGARDING EMPLOYMENT ELIGIBILITY.

       Section 208(d)(2) of the Immigration and Nationality Act (8 
     U.S.C. 1158(d)(2)) is amended--
       (1) by striking ``prior to 180 days'' and inserting 
     ``before the date that is 1 year''; and
       (2) by inserting ``and the authorization shall expire 6 
     months after the date on which it is granted'' before the 
     period at the end.

     SEC. 4030. 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 at the end 
     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 to read as follows:
       ``(6) Frivolous applications.--
       ``(A) Consequence.--If the Secretary of Homeland Security 
     or the Attorney General determines that an alien has 
     knowingly made a frivolous application for asylum after 
     receiving the written warning required under paragraph 
     (4)(C), such alien shall be permanently ineligible for any 
     benefits under this chapter, effective as the date of the 
     final determination of such an application.
       ``(B) Determination.--An application shall be considered 
     frivolous if the Secretary of Homeland Security or the 
     Attorney General determines, consistent with subparagraph 
     (C), that--
       ``(i) the application is so insufficient in substance that 
     it is clear that the applicant knowingly filed the 
     application solely or in part 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) Opportunity to clarify claim.--An application may not 
     be considered frivolous under this paragraph unless the 
     Secretary or the Attorney General are satisfied that the 
     applicant, during the course of the proceedings, has had 
     sufficient opportunity to clarify any discrepancies or 
     implausible aspects of the applicant's claim.
       ``(D) Withholding of removal.--A determination under this 
     paragraph that an alien filed a frivolous asylum application 
     shall not preclude such alien from seeking withholding of 
     removal under section 241(b)(3) or protection pursuant to the 
     Convention Against Torture and Other Cruel, Inhuman or 
     Degrading Treatment or Punishment, done at New York December 
     10, 1984.''.

     SEC. 4031. 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 
     ``claim'' and all that follows, and inserting ``claim, as 
     determined pursuant to section 208(b)(1)(B)(iii), and such 
     other facts as are known to the officer, that the alien could 
     establish eligibility for asylum under section 208, and it is 
     more probable than not that the statements made by, and on 
     behalf of, the alien in support of the alien's claim are 
     true.''.

     SEC. 4032. RECORDING EXPEDITED REMOVAL AND CREDIBLE FEAR 
                   INTERVIEWS.

       (a) In General.--The Secretary of Homeland Security shall 
     establish quality assurance procedures and take steps to 
     effectively ensure that--
       (1) questions by employees of the Department of Homeland 
     Security exercising expedited removal authority under section 
     235(b) of the Immigration and Nationality Act (8 U.S.C. 
     1225(b)) are asked in a uniform manner, to the extent 
     possible; and
       (2) such questions and the answers provided in response to 
     such questions are recorded in a uniform manner.
       (b) Credible Fear Interview Checklists.--The Secretary of 
     Homeland Security shall--
       (1) provide a checklist of standard questions and concepts 
     to be addressed in all interviews required under section 
     235(b) of the Immigration and Nationality Act (8 U.S.C. 
     1225(b)) to immigration officers exercising decision-making 
     authority in such interviews;
       (2) routinely update such checklist to include relevant 
     changes to law and procedures; and
       (3) require all immigration officers utilizing such 
     checklists to provide concise justifications of their 
     decisions regardless of whether credible fear was or was not 
     established by the alien.
       (c) Factors Relating to Sworn Statements.--To the extent 
     practicable, any sworn or signed written statement taken from 
     an alien as part of the record of a proceeding under section 
     235(b)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 
     1225(b)(1)(A)) shall be accompanied by a recording of the 
     interview which served as the basis for such sworn statement.
       (d) Interpreters.--The Secretary of Homeland Security shall 
     ensure the use of a competent interpreter who is not 
     affiliated with the government of the country from which the 
     alien may claim asylum if the interviewing officer does not 
     speak a language understood by the alien.
       (e) Recordings in Immigration Proceedings.--All interviews 
     of aliens subject to expedited removal shall be recorded 
     (either by audio or by audio visual). Such recordings shall 
     be included in the record of proceeding and shall be 
     considered as evidence in any further proceedings involving 
     such aliens.
       (f) No Private Right of Action.--Nothing in this section 
     may be construed to create--
       (1) any right, benefit, trust, or responsibility, whether 
     substantive or procedural, enforceable in law or equity by a 
     party against the United States, its departments, agencies, 
     instrumentalities, entities, officers, employees, or agents, 
     or any person; or
       (2) any right of review in any administrative, judicial, or 
     other proceeding.

     SEC. 4033. PENALTIES FOR ASYLUM FRAUD.

       Section 1001 of title 18, United States Code, is amended by 
     adding at the end the following:
       ``(d) Any person who, in any matter before the Secretary of 
     Homeland Security or the

[[Page S706]]

     Attorney General pertaining to asylum under section 208 of 
     the Immigration and Nationality Act (8 U.S.C. 1158) or 
     withholding of removal under section 241(b)(3) of such Act (8 
     U.S.C. 1231(b)(3)), knowingly and willfully--
       ``(1) makes any materially false, fictitious, or fraudulent 
     statement or representation; or
       ``(2) makes or uses any false writings or document knowing 
     the same to contain any materially false, fictitious, or 
     fraudulent statement or entry,
     shall be fined under this title, imprisoned not more than 10 
     years, or both.''.

     SEC. 4034. STATUTE OF LIMITATIONS FOR ASYLUM FRAUD.

       Section 3291 of title 18, United States Code, is amended--
       (1) by striking ``1544,'' and inserting ``1544, and section 
     1546,''; and
       (2) by inserting ``or within 10 years after the fraud is 
     discovered'' before the period at the end.

     SEC. 4035. TECHNICAL AMENDMENTS.

       Section 208 of the Immigration and Nationality Act, as 
     amended by this title, is further 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 (b)(2), by inserting ``Secretary of 
     Homeland Security or the'' before ``Attorney General'' each 
     place such term appears;
       (3) 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
       (4) in subsection (d)--
       (A) in paragraph (1), by inserting ``Secretary of Homeland 
     Security or the'' before ``Attorney General'' each place such 
     term appears;
       (B) in paragraph (2), by striking ``Attorney General'' and 
     inserting ``Secretary of Homeland Security''; and
       (C) 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''.
                                 ______
                                 
  SA 1501. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. SCRUTINY OF VISAS FOR CHINESE COMMUNIST PARTY 
                   MEMBERS.

       (a) Inadmissibility.--Section 212(a)(3)(D) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(D)) is 
     amended--
       (1) in the subparagraph heading, by striking ``Immigrant 
     membership'' and inserting ``Membership''; and
       (2) by adding at the end the following:
       ``(v) Prohibition on issuance of certain visas to members 
     of the chinese communist party.--An alien who is or has been 
     a member of or affiliated with the Chinese Communist Party--

       ``(I) is inadmissible; and
       ``(II) shall not be issued a visa as a nonimmigrant 
     described in section 101(a)(15)(B).''.

       (b) Applications for Visa Extensions.--With respect to 
     applications to extend visas issued to nonimmigrants 
     described in section 101(a)(15)(B) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)(B)) through enrollment 
     in the Electronic Visa Update System or any successor 
     system--
       (1) the Commissioner of U.S. Customs and Border Protection 
     shall ensure that such system has a functionality for 
     determining whether an applicant is a covered alien; and
       (2) in the case of an applicant determined to be a covered 
     alien, the applicant's request for enrollment shall be 
     denied.
       (c) Cancellation of Visas Authorized.--
       (1) In general.--On encountering a covered alien who is in 
     possession of a valid, unexpired visa issued under section 
     101(a)(15)(B) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(15)(B)), the Commissioner of U.S. Customs and 
     Border Protection shall cancel such visa.
       (2) Role of bureau of consular affairs.--Not later than 90 
     days after the date of the enactment of this Act, the 
     Assistant Secretary for Consular Affairs shall--
       (A) cancel all nonimmigrant visas issued to covered aliens 
     under section 101(a)(15)(B) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)(B)); and
       (B) update the Consular Consolidated Database and the 
     Consular Lookout and Support System to reflect such 
     cancellations.
       (3) Remedy.--The sole legal remedy available to an alien 
     whose visa has been cancelled under this subsection shall be 
     to submit a new application for a visa in accordance with the 
     procedures established by the Bureau of Consular Affairs.
       (d) Definition of Covered Alien.--In this section, the term 
     ``covered alien'' means an alien who is or has been a member 
     of or affiliated with the Chinese Communist Party.
                                 ______
                                 
  SA 1502. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

                  TITLE __--IMMIGRATION PAROLE REFORM

     SECTION __1. SHORT TITLE.

       This title may be cited as the ``Immigration Parole Reform 
     Act of 2024''.

     SEC. __2. 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) 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 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 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 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 through the normal visa process;
       ``(vi) the alien is an adopted child with an urgent medical 
     condition who is in the legal

[[Page S707]]

     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.
       ``(E) 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 
     through the normal visa process.
       ``(F) 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'.
       ``(G) 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), and (E).
       ``(H) 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.
       ``(I) 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.
       ``(J)(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) or (E) 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 (D) or (E) 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.
       ``(K) 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. __3. IMPLEMENTATION.

       (a) In General.--Except as provided in subsection (b), this 
     title and the amendments made by this title shall take effect 
     on the date that is 30 days after the date of the enactment 
     of this Act.
       (b) Exceptions.--Notwithstanding subsection (a)--
       (1) any application for parole or advance parole filed by 
     an alien before the date of the enactment of this Act shall 
     be adjudicated under the law that was in effect on the date 
     on which the application was properly filed 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)(I) of the Immigration and Nationality 
     Act, as added by section 2(b), shall take effect on the date 
     of the enactment of this Act; and
       (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. __4. CAUSE OF ACTION.

       Any person, State, or local government that experiences 
     financial harm in excess of $1,000 due to a failure of the 
     Federal Government to lawfully apply the provisions of this 
     title or the amendments made by this title shall have 
     standing to bring a civil action against the Federal 
     Government in an appropriate district court of the United 
     States.

     SEC. __5. SEVERABILITY.

       If any provision of this title or any amendment by this 
     title, or the application of such provision or amendment to 
     any person or circumstance, is held to be unconstitutional, 
     the remainder of this title and the application of such 
     provision or amendment to any other person or circumstance 
     shall not be affected.
                                 ______
                                 
  SA 1503. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. 2. INVESTIGATION AND REPORT ON VETTING AND PROCESSING OF 
                   ILLEGAL ALIENS APPREHENDED ALONG THE SOUTHWEST 
                   BORDER AND ENSURING THAT ALL LAWS ARE BEING 
                   UPHELD.

       Not less frequently than every 60 days until there have 
     been fewer than 35,000 apprehensions per month at the 
     southwest border for 3 consecutive months, the Inspector 
     General of the Department of Homeland Security shall conduct 
     an investigation and submit a report and provide a briefing 
     to the President, the Secretary of Homeland Security, the 
     Attorney General, the Committee on Homeland Security and 
     Governmental Affairs of the Senate, and the Committee on 
     Homeland Security of the House of Representatives regarding, 
     with respect to the period beginning on January 20, 2021--
       (1) the vetting procedures applicable to aliens (as defined 
     in section 101(a) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a))) seeking entry or admission to the United 
     States who were apprehended along the southwest border of the 
     United States, including the process for conducting in-person 
     interviews with such aliens and the number of such interviews 
     that were conducted;
       (2) the total number of aliens who are unlawfully present 
     in the United States (referred to in this section as 
     ``illegal aliens'') who were processed and released into the 
     interior of the United States;
       (3) the number of illegal aliens who received parole 
     (humanitarian or otherwise);
       (4) the results of the audit of parole applications, 
     including the justification for any instances in which parole 
     was granted;
       (5) the total number of illegal aliens who have been placed 
     in removal proceedings pursuant to section 240 of the 
     Immigration and Nationality Act (8 U.S.C. 1229a), including--
       (A) how many of such illegal aliens have been removed; and
       (B) how many of such illegal aliens are eligible for any 
     immigration benefit, such as asylum or lawful permanent 
     residence;
       (6) the results of the audit of asylum application under 
     section 208 of the Immigration and Nationality Act (8 U.S.C. 
     1158);
       (7) the total number of illegal aliens who have been placed 
     in expedited removal proceedings pursuant to section 
     235(b)(1) of the Immigration and Nationality Act (8 U.S.C. 
     1225(b)(1)), including how many have been removed;
       (8) the efforts of the Department of Homeland Security to 
     continually monitor all of the illegal aliens who were 
     apprehended along the southwest border of the United States 
     and then released on parole, including--
       (A) the number of such illegal aliens who were given a 
     ``notice to report'' to a U.S. Immigration and Customs 
     Enforcement office;
       (B) the number of such illegal aliens who actually reported 
     in compliance with such notice to report;
       (C) the number of such illegal aliens who were given a 
     ``notice to appear'' before an immigration judge; and
       (D) the number of such illegal aliens who have prior 
     criminal convictions or terms of imprisonment in the United 
     States or outside of the United States;
       (9) the total number of illegal aliens who were processed 
     and released into the interior of the United States without 
     participating in an alternatives to detention program, such 
     as using an ankle monitor or another tracking monitor; and
       (10) the States and counties in which the Department of 
     Homeland Security or the Department of Health and Human 
     Services has resettled illegal aliens since January 20, 2021.
                                 ______
                                 
  SA 1504. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the

[[Page S708]]

eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. 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.
                                 ______
                                 
  SA 1505. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. STRENGTHENING THE REQUIREMENTS FOR BARRIERS ALONG 
                   THE SOUTHERN BORDER.

       Section 102 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (Division C of Public Law 104-208; 
     8 U.S.C. 1103 note) is amended--
       (1) by amending subsection (a) to read as follows:
       ``(a) In General.--The Secretary of Homeland Security shall 
     take such actions as may be necessary (including the removal 
     of obstacles to detection of illegal entrants) to design, 
     test, construct, install, deploy, integrate, and operate 
     physical barriers, tactical infrastructure, and technology in 
     the vicinity of the southwest border to achieve situational 
     awareness and operational control of the southwest border and 
     deter, impede, and detect unlawful activity.'';
       (2) in subsection (b)--
       (A) in the subsection heading, by striking ``Fencing and 
     Road Improvements'' and inserting ``Physical Barriers'';
       (B) in paragraph (1)--
       (i) in the heading, by striking ``fencing'' and inserting 
     ``barriers'';
       (ii) by amending subparagraph (A) to read as follows:
       ``(A) Reinforced barriers.--In carrying out this section, 
     the Secretary of Homeland Security shall construct a border 
     wall, including physical barriers, tactical infrastructure, 
     and technology, along not fewer than 900 miles of the 
     southwest border until situational awareness and operational 
     control of the southwest border is achieved.'';
       (iii) by amending subparagraph (B) to read as follows:
       ``(B) Physical barriers and tactical infrastructure.--In 
     carrying out this section, the Secretary of Homeland Security 
     shall deploy along the southwest border the most practical 
     and effective physical barriers, tactical infrastructure, and 
     technology available for achieving situational awareness and 
     operational control of the southwest border.'';
       (iv) in subparagraph (C)--

       (I) by amending clause (i) to read as follows:

       ``(i) In general.--In carrying out this section, the 
     Secretary of Homeland Security shall consult with the 
     Secretary of the Interior, the Secretary of Agriculture, 
     appropriate representatives of State, Tribal, and local 
     governments, and appropriate private property owners in the 
     United States to minimize the impact on natural resources, 
     commerce, and sites of historical or cultural significance 
     for the communities and residents located near the sites at 
     which physical barriers, tactical infrastructure, and 
     technology are to be constructed. Such consultation may not 
     delay such construction for longer than seven days.''; and

       (II) in clause (ii)--

       (aa) in subclause (I), by striking ``or'' after the 
     semicolon at the end;
       (bb) by amending subclause (II) to read as follows:

       ``(II) delay the transfer to the United States of the 
     possession of property or affect the validity of any property 
     acquisition by the United States by purchase or eminent 
     domain, or to otherwise affect the eminent domain laws of the 
     United States or of any State; or''; and

       (cc) by adding at the end the following new subclause:

       ``(III) create any right or liability for any party.''; and

       (v) by striking subparagraph (D);
       (C) in paragraph (2)--
       (i) by striking ``Attorney General'' and inserting 
     ``Secretary of Homeland Security'';
       (ii) by striking ``this subsection'' and inserting ``this 
     section''; and
       (iii) by striking ``construction of fences'' and inserting 
     ``the construction of physical barriers, tactical 
     infrastructure, and technology'';
       (D) by amending paragraph (3) to read as follows:
       ``(3) Agent safety.--In carrying out this section, the 
     Secretary of Homeland Security, when designing, testing, 
     constructing, installing, deploying, integrating, and 
     operating physical barriers, tactical infrastructure, or 
     technology, shall incorporate such safety features into such 
     design, test, construction, installation, deployment, 
     integration, or operation of such physical barriers, tactical 
     infrastructure, or technology, as the case may be, that the 
     Secretary determines are necessary to maximize the safety and 
     effectiveness of officers and agents of the Department of 
     Homeland Security or of any other Federal agency deployed in 
     the vicinity of such physical barriers, tactical 
     infrastructure, or technology.''; and
       (E) in paragraph (4), by striking ``this subsection'' and 
     inserting ``this section'';
       (3) in subsection (c)--
       (A) by amending paragraph (1) to read as follows:
       ``(1) In general.--Notwithstanding any other provision of 
     law, the Secretary of Homeland Security shall waive all legal 
     requirements necessary to ensure the expeditious design, 
     testing, construction, installation, deployment, integration, 
     operation, and maintenance of the physical barriers, tactical 
     infrastructure, and technology under this section. The 
     Secretary shall ensure the maintenance and effectiveness of 
     such physical barriers, tactical infrastructure, or 
     technology. Any such action by the Secretary shall be 
     effective upon publication in the Federal Register.'';
       (B) by redesignating paragraph (2) as paragraph (3); and
       (C) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2) Notification.--Not later than seven days after the 
     date on which the Secretary of Homeland Security exercises a 
     waiver pursuant to paragraph (1), the Secretary shall notify 
     the Committee on Homeland Security of the House of 
     Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate of such waiver.''; and
       (4) by adding at the end the following new subsections:
       ``(e) Technology.--In carrying out this section, the 
     Secretary of Homeland Security shall deploy along the 
     southwest border the most practical and effective technology 
     available for achieving situational awareness and operational 
     control.
       ``(f) Definitions.--In this section:
       ``(1) Advanced unattended surveillance sensors.--The term 
     `advanced unattended surveillance sensors' means sensors that 
     utilize an onboard computer to analyze detections in an 
     effort to discern between vehicles, humans, and animals, and 
     ultimately filter false positives prior to transmission.
       ``(2) Operational control.--The term `operational control' 
     has the meaning given such term in section 2(b) of the Secure 
     Fence Act of 2006 (Public Law 109-367; 8 U.S.C. 1701 note).
       ``(3) Physical barriers.--The term `physical barriers' 
     includes reinforced fencing, the border wall, and levee 
     walls.
       ``(4) Situational awareness.--The term `situational 
     awareness' has the meaning given such term in section 
     1092(a)(7) of the National Defense Authorization Act for 
     Fiscal Year 2017 (Public Law 114-328; 6 U.S.C. 223(a)(7)).
       ``(5) Tactical infrastructure.--The term `tactical 
     infrastructure' includes boat ramps,

[[Page S709]]

     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.''.
                                 ______
                                 
  SA 1506. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. U.S. CUSTOMS AND BORDER PROTECTION TECHNOLOGY 
                   UPGRADES.

       (a) Secure Communications.--The of Commissioner of U.S. 
     Customs and Border Protection 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).
                                 ______
                                 
  SA 1507. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. 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 of U.S. Customs and Border Protection 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.
                                 ______
                                 
  SA 1508. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. 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.
                                 ______
                                 
  SA 1509. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. ANTI-BORDER CORRUPTION ACT REAUTHORIZATION.

       (a) Hiring Flexibility.--Section 3 of the Anti-Border 
     Corruption Act of 2010 (6 U.S.C. 221; Public Law 111-376) is 
     amended by striking subsection (b) and inserting the 
     following new subsections:
       ``(b) Waiver Requirement.--Subject to subsection (c), the 
     Commissioner of U.S. Customs and Border Protection shall 
     waive the application of subsection (a)(1)--
       ``(1) to a current, full-time law enforcement officer 
     employed by a State or local law enforcement agency who--
       ``(A) has continuously served as a law enforcement officer 
     for not fewer than three years;
       ``(B) is authorized by law to engage in or supervise the 
     prevention, detection, investigation, or prosecution of, or 
     the incarceration of any person for, any violation of law, 
     and has statutory powers for arrest or apprehension; and
       ``(C) is not currently under investigation, has not been 
     found to have engaged in criminal activity or serious 
     misconduct, has not resigned from a law enforcement officer 
     position under investigation or in lieu of termination, and 
     has not been dismissed from a law enforcement officer 
     position;
       ``(2) to a current, full-time Federal law enforcement 
     officer who--
       ``(A) has continuously served as a law enforcement officer 
     for not fewer than three years;
       ``(B) is authorized to make arrests, conduct 
     investigations, conduct searches, make seizures, carry 
     firearms, and serve orders, warrants, and other processes;
       ``(C) is not currently under investigation, has not been 
     found to have engaged in criminal activity or serious 
     misconduct, has not resigned from a law enforcement officer 
     position under investigation or in lieu of termination, and 
     has not been dismissed from a law enforcement officer 
     position; and
       ``(D) holds a current Tier 4 background investigation or 
     current Tier 5 background investigation; or
       ``(3) to a member of the Armed Forces (or a reserve 
     component thereof) or a veteran, if such individual--
       ``(A) has served in the Armed Forces for not fewer than 
     three years;
       ``(B) holds, or has held within the past five years, a 
     Secret, Top Secret, or Top Secret/Sensitive Compartmented 
     Information clearance;
       ``(C) holds, or has undergone within the past five years, a 
     current Tier 4 background investigation or current Tier 5 
     background investigation;
       ``(D) received, or is eligible to receive, an honorable 
     discharge from service in the Armed Forces and has not 
     engaged in criminal activity or committed a serious military 
     or civil offense under the Uniform Code of Military Justice; 
     and

[[Page S710]]

       ``(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 107 of the 
     Secure the Border Act of 2023 relating to personnel levels. 
     If at any time after such certification personnel levels fall 
     below such requirements, the Commissioner shall waive the 
     application of subsection (a)(1) until such time as the 
     Commissioner re-certifies to such Committees that CBP has so 
     met all such requirements.''.
       (b) Supplemental Commissioner Authority; Reporting; 
     Definitions.--The Anti-Border Corruption Act of 2010 is 
     amended by adding at the end the following new sections:

     ``SEC. 5. SUPPLEMENTAL COMMISSIONER AUTHORITY.

       ``(a) Nonexemption.--An individual who receives a waiver 
     under section 3(b) is not exempt from any other hiring 
     requirements relating to suitability for employment and 
     eligibility to hold a national security designated position, 
     as determined by the Commissioner of U.S. Customs and Border 
     Protection.
       ``(b) Background Investigations.--An individual who 
     receives a waiver under section 3(b) who holds a current Tier 
     4 background investigation shall be subject to a Tier 5 
     background investigation.
       ``(c) Administration of Polygraph Examination.--The 
     Commissioner of U.S. Customs and Border Protection is 
     authorized to administer a polygraph examination to an 
     applicant or employee who is eligible for or receives a 
     waiver under section 3(b) if information is discovered before 
     the completion of a background investigation that results in 
     a determination that a polygraph examination is necessary to 
     make a final determination regarding suitability for 
     employment or continued employment, as the case may be.

     ``SEC. 6. REPORTING.

       ``(a) Annual Report.--Not later than one year after the 
     date of the enactment of this section 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.
                                 ______
                                 
  SA 1510. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. 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.''.
                                 ______
                                 
  SA 1511. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. 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.

[[Page S711]]

       (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 103 of this division, 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.
                                 ______
                                 
  SA 1512. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. RESTRICTION ON NONGOVERNMENTAL ORGANIZATION 
                   FACILITATION OF ILLEGAL IMMIGRATION.

       None of the amounts appropriated or otherwise made 
     available by this Act may be made available to the 
     Deparftment of Homeland Security 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.
                                 ______
                                 
  SA 1513. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. ALIEN CRIMINAL BACKGROUND CHECKS.

       (a) In General.--Not later than seven days after the date 
     of the enactment of this Act, the Commissioner of U.S. 
     Customs and Border Protection 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 U.S. Customs and Border 
     Protection (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).
                                 ______
                                 
  SA 1514. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. 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.

[[Page S712]]

       (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.
                                 ______
                                 
  SA 1515. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. PROHIBITION AGAINST ANY COVID-19 VACCINE MANDATE OR 
                   ADVERSE ACTION AGAINST DHS EMPLOYEES.

       (a) Limitation on Imposition of New Mandate.--The Secretary 
     of Homeland Security 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 of Homeland Security 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.
                                 ______
                                 
  SA 1516. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. OFFSETTING AUTHORIZATIONS OF APPROPRIATIONS.

       (a) Office of the Secretary and Emergency Management.--None 
     of the amounts appropriated or otherwise made available by 
     this Act may be made available 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.--None of the amounts 
     appropriated or otherwise made available by this Act may be 
     made available 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.--None of the 
     amounts appropriated or otherwise made available by this Act 
     may be made available for the Shelter Services Program for 
     U.S. Customs and Border Protection.
                                 ______
                                 
  SA 1517. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. 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.''.
                                 ______
                                 
  SA 1518. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. 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.''.
                                 ______
                                 
  SA 1519. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

[[Page S713]]

  


     SEC. __. 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),''.
                                 ______
                                 
  SA 1520. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the end, add the following:

            DIVISION C--STOP DANGEROUS SANCTUARY CITIES ACT

     SEC. 4001. SHORT TITLE.

       This division may be cited as the ``Stop Dangerous 
     Sanctuary Cities Act''.

     SEC. 4002. ENSURING COOPERATION BETWEEN FEDERAL LAW 
                   ENFORCEMENT OFFICERS AND STATE AND LOCAL LAW 
                   ENFORCEMENT OFFICERS TO SAFEGUARD OUR 
                   COMMUNITIES.

       (a) Authority To Cooperate With Federal Officials.--A 
     State, a political subdivision of a State, or an officer, 
     employee, or agent of such State or political subdivision 
     that complies with a detainer issued by the Department of 
     Homeland Security under section 236 or 287 of the Immigration 
     and Nationality Act (8 U.S.C. 1226 and 1357)--
       (1) shall be deemed to be acting as an agent of the 
     Department of Homeland Security; and
       (2) with regard to actions taken to comply with the 
     detainer, shall have all authority available to officers and 
     employees of the Department of Homeland Security.
       (b) Legal Proceedings.--In any legal proceeding brought 
     against a State, a political subdivision of State, or an 
     officer, employee, or agent of such State or political 
     subdivision, which challenges the legality of the seizure or 
     detention of an individual pursuant to a detainer issued by 
     the Department of Homeland Security under section 236 or 287 
     of the Immigration and Nationality Act (8 U.S.C. 1226 and 
     1357)--
       (1) no liability shall lie against the State or political 
     subdivision of a State for actions taken in compliance with 
     the detainer; and
       (2) if the actions of the officer, employee, or agent of 
     the State or political subdivision were taken in compliance 
     with the detainer--
       (A) the officer, employee, or agent shall be deemed--
       (i) to be an employee of the Federal Government and an 
     investigative or law enforcement officer; and
       (ii) to have been acting within the scope of his or her 
     employment under section 1346(b) and chapter 171 of title 28, 
     United States Code;
       (B) section 1346(b) of title 28, United States Code, shall 
     provide the exclusive remedy for the plaintiff; and
       (C) the United States shall be substituted as defendant in 
     the proceeding.
       (c) Rule of Construction.--Nothing in this section may be 
     construed to provide immunity to any person who knowingly 
     violates the civil or constitutional rights of an individual.

     SEC. 4003. SANCTUARY JURISDICTION DEFINED.

       (a) In General.--Except as provided under subsection (b), 
     for purposes of this division, the term ``sanctuary 
     jurisdiction'' means any State or political subdivision of a 
     State that has in effect a statute, ordinance, policy, or 
     practice that prohibits or restricts any government entity or 
     official from--
       (1) sending, receiving, maintaining, or exchanging with any 
     Federal, State, or local government entity information 
     regarding the citizenship or immigration status (lawful or 
     unlawful) of any individual; or
       (2) complying with a request lawfully made by the 
     Department of Homeland Security under section 236 or 287 of 
     the Immigration and Nationality Act (8 U.S.C. 1226 and 1357) 
     to comply with a detainer for, or notify about the release 
     of, an individual.
       (b) Exception.--A State or political subdivision of a State 
     shall not be deemed a sanctuary jurisdiction based solely on 
     its having a policy whereby its officials will not share 
     information regarding, or comply with a request made by the 
     Department of Homeland Security under section 236 or 287 of 
     the Immigration and Nationality Act (8 U.S.C. 1226 and 1357) 
     to comply with a detainer regarding, an individual who comes 
     forward as a victim or a witness to a criminal offense.

     SEC. 4004. SANCTUARY JURISDICTIONS INELIGIBLE FOR CERTAIN 
                   FEDERAL FUNDS.

       (a) Economic Development Administration Grants.--
       (1) Grants for public works and economic development.--
     Section 201(b) of the Public Works and Economic Development 
     Act of 1965 (42 U.S.C. 3141(b)) is amended--
       (A) in paragraph (2), by striking ``and'' at the end;
       (B) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(4) the area in which the project is to be carried out is 
     not a sanctuary jurisdiction (as defined in section 4003 of 
     the Stop Dangerous Sanctuary Cities Act).''.
       (2) Grants for planning and administrative expenses.--
     Section 203(a) of the Public Works and Economic Development 
     Act of 1965 (42 U.S.C. 3143(a)) is amended by adding at the 
     end the following: ``A sanctuary jurisdiction (as defined in 
     section 4003 of the Stop Dangerous Sanctuary Cities Act) may 
     not be deemed an eligible recipient under this subsection.''.
       (3) Supplementary grants.--Section 205(a) of the Public 
     Works and Economic Development Act of 1965 (42 U.S.C. 
     3145(a)) is amended--
       (A) in paragraph (2), by striking ``and'' at the end;
       (B) in paragraph (3)(B), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(4) will be carried out in an area that does not contain 
     a sanctuary jurisdiction (as defined in section 4003 of the 
     Stop Dangerous Sanctuary Cities Act).''.
       (4) Grants for training, research, and technical 
     assistance.--Section 207 of the Public Works and Economic 
     Development Act of 1965 (42 U.S.C. 3147) is amended by adding 
     at the end the following:
       ``(c) Ineligibility of Sanctuary Jurisdictions.--Grant 
     funds authorized under this section may not be used to 
     provide assistance to a sanctuary jurisdiction (as defined in 
     section 4003 of the Stop Dangerous Sanctuary Cities Act).''.
       (b) Community Development Block Grants.--Title I of the 
     Housing and Community Development Act of 1974 (42 U.S.C. 5301 
     et seq.) is amended--
       (1) in section 102(a) (42 U.S.C. 5302(a)), by adding at the 
     end the following:
       ``(25) The term `sanctuary jurisdiction' has the meaning 
     provided in section 4003 of the Stop Dangerous Sanctuary 
     Cities Act.''; and
       (2) in section 104(b) (42 U.S.C. 5304(b))--
       (A) in paragraph (5), by striking ``and'' at the end;
       (B) by redesignating paragraph (6) as paragraph (7); and
       (C) by inserting after paragraph (5) the following:
       ``(6) the grantee is not a sanctuary jurisdiction and will 
     not become a sanctuary jurisdiction during the period for 
     which the grantee receives a grant under this title; and''; 
     and
       (3) in section 106 (42 U.S.C. 5306), by adding at the end 
     the following:
       ``(g) Protection of Individuals Against Crime.--
       ``(1) In general.--No funds authorized to be appropriated 
     to carry out this title may be obligated or expended for any 
     State or unit of general local government that is a sanctuary 
     jurisdiction.
       ``(2) Returned amounts.--
       ``(A) State.--If a State is a sanctuary jurisdiction during 
     the period for which it receives amounts under this title, 
     the Secretary--
       ``(i) shall direct the State to immediately return to the 
     Secretary any such amounts that the State received for that 
     period; and
       ``(ii) shall reallocate amounts returned under clause (i) 
     for grants under this title to other States that are not 
     sanctuary jurisdictions.
       ``(B) Unit of general local government.--If a unit of 
     general local government is a sanctuary jurisdiction during 
     the period for which it receives amounts under this title, 
     any such amounts that the unit of general local government 
     received for that period--
       ``(i) in the case of a unit of general local government 
     that is not in a nonentitlement area, shall be returned to 
     the Secretary for grants under this title to States and other 
     units of general local government that are not sanctuary 
     jurisdictions; and
       ``(ii) in the case of a unit of general local government 
     that is in a nonentitlement area, shall be returned to the 
     Governor of the State for grants under this title to other 
     units of general local government in the State that are not 
     sanctuary jurisdictions.
       ``(C) Reallocation rules.--In reallocating amounts under 
     subparagraphs (A) and (B), the Secretary--
       ``(i) shall apply the relevant allocation formula under 
     subsection (b), with all sanctuary jurisdictions excluded; 
     and
       ``(ii) shall not be subject to the rules for reallocation 
     under subsection (c).''.
       (c) Effective Date.--This section and the amendments made 
     by this section shall take effect on the date that is 30 days 
     after the date of the enactment of this Act.
                                 ______
                                 
  SA 1521. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend

[[Page S714]]

title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:
       Sec. __.  The United States Government shall use its veto 
     authority if the United Nations Security Council tries to 
     admit Palestine as a full United Nations member state.
                                 ______
                                 
  SA 1522. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:
       Sec. __.  None of the amounts appropriated or otherwise 
     made available by this Act may be made available for the 
     transportation, acceptance, or resettlement of refugees from 
     Gaza to the United States.
                                 ______
                                 
  SA 1523. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:
       Sec. __.  None of the amounts appropriated or otherwise 
     made available by this Act may be made available to any 
     organization that operates in Gaza.
                                 ______
                                 
  SA 1524. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:
       Sec. __.  The Department of State may not recognize 
     Palestine as a state.
                                 ______
                                 
  SA 1525. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:
       Sec. __.  None of the amounts appropriated or otherwise 
     made available by this Act for assistance for Ukraine may be 
     made available unless and to the extent European Union allies 
     match such assistance.
                                 ______
                                 
  SA 1526. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:
       Sec. __.  None of the amounts appropriated or otherwise 
     made available by this Act may be made for United States 
     Agency for International Development assistance for Gaza.
                                 ______
                                 
  SA 1527. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

                  DIVISION C--EQUAL REPRESENTATION ACT

     SEC. 4001. SHORT TITLE.

       This division may be cited as the ``Equal Representation 
     Act''.

     SEC. 4002. CITIZENSHIP STATUS ON DECENNIAL CENSUS.

       (a) In General.--Section 141 of title 13, United States 
     Code, is amended--
       (1) by redesignating subsection (g) as subsection (h); and
       (2) by inserting after subsection (f) the following:
       ``(g)(1) In conducting the 2030 decennial census and each 
     decennial census thereafter, the Secretary shall include in 
     any questionnaire distributed or otherwise used for the 
     purpose of determining the total population by States a 
     checkbox or other similar option for the respondent to 
     indicate, for the respondent and for each of the members of 
     the household of the respondent, whether that individual is--
       ``(A) a citizen of the United States;
       ``(B) a national of the United States but not a citizen of 
     the United States;
       ``(C) an alien lawfully residing in the United States; or
       ``(D) an alien unlawfully residing in the United States.
       ``(2) Not later than 120 days after completion of a 
     decennial census of the population under subsection (a), the 
     Secretary shall make publicly available the number of persons 
     per State, disaggregated by each of the 4 categories 
     described in subparagraphs (A) through (D) of paragraph (1), 
     as tabulated in accordance with this section.''.

     SEC. 4003. EXCLUSION OF NONCITIZENS FROM NUMBER OF PERSONS 
                   USED TO DETERMINE APPORTIONMENT OF 
                   REPRESENTATIVES AND NUMBER OF ELECTORAL VOTES.

       (a) Exclusion.--Section 22(a) of the Act entitled ``An Act 
     to provide for the fifteenth and subsequent decennial 
     censuses and to provide for an apportionment of 
     Representatives in Congress'', approved June 18, 1929 (2 
     U.S.C. 2a(a)), is amended by inserting after ``not taxed'' 
     the following: ``and individuals who are not citizens of the 
     United States''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply with respect to the apportionment of 
     Representatives carried out pursuant to the decennial census 
     conducted during 2030 and any succeeding decennial census.

     SEC. 4004. SEVERABILITY CLAUSE.

       If any provision of this division or amendment made by this 
     division, or the application thereof to any person or 
     circumstance, is held to be unconstitutional, the remainder 
     of the provisions of this division and amendments made by 
     this division, and the application of the provision or 
     amendment to any other person or circumstance, shall not be 
     affected.
                                 ______
                                 
  SA 1528. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the end, add the following:

          DIVISION C--SOUTHER BORDER TRANSPARENCY ACT OF 2024

     SEC. 4001. SHORT TITLE.

       This division may be cited as the ``Southern Border 
     Transparency Act of 2024''.

     SEC. 4002. MONTHLY PUBLICATION OF PAROLE AT PORTS OF ENTRY.

       Not later than 30 days after the date of the enactment of 
     this Act, and monthly thereafter, the Commissioner of U.S. 
     Customs and Border Protection shall publish on the U.S. 
     Customs and Border Protection website, with respect to the 
     applicable reporting period--
       (1) the number of aliens granted parole under section 
     212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 
     1182(d)(5)) at each United States port of entry;
       (2) the number of aliens encountered between land ports of 
     entry who were subsequently granted parole, disaggregated by 
     the U.S. Border Patrol sector;
       (3) the citizenship or nationality of the aliens described 
     in paragraphs (1) and (2); and
       (4) the demographic category of the aliens described in 
     paragraphs (1) and (2), including--
       (A) accompanied minors;

[[Page S715]]

       (B) aliens granted parole as part of a family unit;
       (C) single adults; and
       (D) unaccompanied alien children.

     SEC. 4003. QUARTERLY REPORT ON PROCESSING ALIENS AT SOUTHERN 
                   BORDER PORTS OF ENTRY.

       (a) In General.--Not later than 30 days after the date of 
     the enactment of this Act, and quarterly thereafter, the 
     Secretary of Homeland Security shall--
       (1) submit a report containing the information described in 
     subsection (b) to--
       (A) the Committee on the Judiciary of the Senate;
       (B) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (C) the Committee on the Judiciary of the House of 
     Representatives; and
       (D) the Committee on Homeland Security of the House of 
     Representatives; and
       (2) post such report on the Department of Homeland Security 
     website.
       (b) Contents.--The report required under subsection (a) 
     shall include, with respect to the applicable reporting 
     period--
       (1) the number of aliens apprehended or otherwise 
     encountered--
       (A) at each port of entry along the southern border of the 
     United States; and
       (B) within each U.S. Border Patrol sector along the 
     southern border of the United States;
       (2) the number of aliens described in paragraph (1), 
     disaggregated by--
       (A) citizenship or nationality;
       (B) demographic categories, including accompanied minors, 
     aliens granted parole as part of a family unit, single 
     adults, and unaccompanied alien children;
       (C) those who were granted voluntary departure;
       (D) those who were placed into expedited removal 
     proceedings; and
       (E) those who entered into a process or outcome not 
     described in subparagraph (C) or (D), including a description 
     of such process or outcome;
       (3) the number of aliens described in paragraph (2)(D), 
     disaggregated by the number of such aliens who received a 
     credible fear screening interview pursuant to section 
     235(b)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 
     1225(b)(1)(B)) or a reasonable fear screening interview;
       (4) the number of aliens described in paragraph (3), 
     disaggregated by--
       (A) the number of aliens determined to have a credible fear 
     of persecution or a reasonable fear of persecution; and
       (B) the number of aliens determined not to have a credible 
     fear of persecution or a reasonable fear of persecution;
       (5) the number of aliens described in paragraph (4)(A), 
     disaggregated by the number of aliens detained pursuant to 
     section 235(b)(1)(B)(iii)(IV) of the Immigration and 
     Nationality Act (8 U.S.C. 1225(b)(1)(B)(iii)(IV));
       (6) the number of aliens described in paragraph (4)(B), 
     disaggregated by--
       (A) those who were removed from the United States;
       (B) those who were detained pending removal; and
       (C) those who are not described in subparagraph (A) or (B); 
     and
       (7) a description of any actions taken against the aliens 
     described in paragraph (6)(C).

     SEC. 4004. QUARTERLY REPORT ON PAROLE REQUESTS PROCESSED BY 
                   U.S. CITIZENSHIP AND IMMIGRATION SERVICES.

       Not later than 30 days after the date of the enactment of 
     this Act, and quarterly thereafter, the Director of U.S. 
     Citizenship and Immigration Services shall publish, on the 
     U.S. Citizenship and Immigrations Services website--
       (1) the number of petitions for parole submitted to U.S. 
     Citizenship and Immigration Services pursuant to section 
     212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 
     1182(d)(5)); and
        (2) the number of such petitions that were granted by U.S. 
     Citizenship and Immigration Services, disaggregated by the 
     nationality of the petitioner.

     SEC. 4005. ANNUAL REPORT ON ALIENS PAROLED INTO THE UNITED 
                   STATES.

       Section 602(b) of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (8 U.S.C. 1182 note) is 
     amended to read as follows:
       ``(b) Annual Report to Congress.--
       ``(1) In general.--Not later than 90 days after the end of 
     each fiscal year, the Secretary of Homeland Security shall 
     submit a report to the Committee on the Judiciary of the 
     Senate, the Committee on Homeland Security and Governmental 
     Affairs of the Senate, the Committee on the Judiciary of the 
     House of Representatives, and the Committee on Homeland 
     Security of the House of Representatives that identifies the 
     number of aliens paroled into the United States pursuant to 
     section 212(d)(5) of the Immigration and Nationality Act (8 
     U.S.C. 1182(d)(5)), disaggregated by those who are--
       ``(A) of a particular nationality;
       ``(B) single adults;
       ``(C) traveling in a family group;
       ``(D) children accompanied by an adult family member; or
       ``(E) unaccompanied alien minors.
       ``(2) Contents.--Each report required under paragraph (1) 
     shall include--
       ``(A) the total number of aliens paroled into the United 
     States during the fiscal year immediately preceding the 
     fiscal year in which such report is submitted, disaggregated 
     by--
       ``(i) citizenship or nationality; and
       ``(ii) demographic categories, including accompanied 
     minors, aliens granted parole as part of a family unit, 
     single adults, and unaccompanied alien children;
       ``(B) for each fiscal year for which the Department of 
     Homeland Security reports the information described in 
     subparagraph (A) regarding aliens described in such 
     subparagraph--
       ``(i) the number of such aliens who were granted employment 
     authorization;
       ``(ii) the number of aliens described in clause (i) who had 
     valid employment authorization at the end of the previous 
     fiscal year;
       ``(iii) the number of such aliens whose parole has not 
     ended, including those who exited the United States during 
     the previous fiscal year;
       ``(iv) the number of such aliens whose status was adjusted, 
     disaggregated by status type;
       ``(v) the number of such aliens for whom parole was 
     extended, including those who exited the United States;
       ``(vi) the number of such aliens for whom the duration of 
     parole expired, including those who exited the United States; 
     and
       ``(vii) the number of aliens who returned to Department of 
     Homeland Security custody from which they were paroled, 
     disaggregated by the categories listed in subparagraphs (A) 
     through (E) of paragraph (1).''.
                                 ______
                                 
  SA 1529. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the end of division B, add the following:

                  TITLE V--EMPOWERING LAW ENFORCEMENT

     SEC. 501. SHORT TITLE.

       This title may be cited as the ``Empowering Law Enforcement 
     Act of 2024''.

     SEC. 502. DEFINED TERM.

       In this title, the term ``State'' has the meaning given 
     such term in section 101(a)(36) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(36)).

     SEC. 503. FEDERAL AFFIRMATION OF IMMIGRATION LAW ENFORCEMENT 
                   BY STATES AND POLITICAL SUBDIVISIONS OF STATES.

       Notwithstanding any other provision of law and reaffirming 
     the existing inherent authority of States, law enforcement 
     personnel of a State or a political subdivision of a State 
     have the inherent authority of a sovereign entity to 
     investigate, identify, apprehend, arrest, detain, or transfer 
     to Federal custody aliens in the United States (including the 
     transportation of such aliens across State lines to detention 
     centers), for the purpose of assisting in the enforcement of 
     the immigration laws of the United States in the normal 
     course of carrying out their law enforcement duties. This 
     State authority has never been displaced or preempted by 
     Federal law.

     SEC. 504. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL 
                   CRIME INFORMATION CENTER DATABASE.

       (a) Provision of Information to the National Crime 
     Information Center.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     shall submit to the National Crime Information Center of the 
     Department of Justice (referred to in this section as the 
     ``NCIC'') any information in the possession of the Secretary 
     related to--
       (A) any alien against whom a final order of removal has 
     been issued;
       (B) any alien who is subject to a voluntary departure 
     agreement;
       (C) any alien who has remained in the United States beyond 
     the alien's authorized period of stay; and
       (D) any alien whose visa has been revoked.
       (2) Requirement to provide and use information.--The NCIC 
     shall enter the information submitted pursuant to paragraph 
     (1) into the Immigration Violators File of the NCIC database 
     regardless of whether--
       (A) the alien received notice of a final order of removal;
       (B) the alien has already been removed; or
       (C) sufficient identifying information is available for the 
     alien, such as a physical description of the alien.
       (b) Inclusion of Information About Immigration Law 
     Violations in the NCIC Database.--Section 534(a) of title 28, 
     United States Code, is amended--
       (1) in paragraph (4), by striking ``and'' at the end;
       (2) by redesignating paragraph (5) as paragraph (6); and
       (3) by inserting after paragraph (4) the following:
       ``(5) acquire, collect, classify, and preserve records of 
     violations of the immigration laws of the United States, 
     regardless of whether the alien has received notice of the 
     violation, sufficient identifying information is available 
     for the alien, or the alien has already been removed; and.''.

[[Page S716]]

       (c) Permission To Depart Voluntarily.--Section 240B of the 
     Immigration and Nationality Act (8 U.S.C. 1229c) is amended--
       (1) by striking ``Attorney General'' each place such term 
     appears and inserting ``Secretary of Homeland Security''; and
       (2) in subsection (a)(2)(A), by striking ``120 days'' and 
     inserting ``30 days''.

     SEC. 505. FEDERAL CUSTODY OF ILLEGAL ALIENS APPREHENDED BY 
                   STATE OR LOCAL LAW ENFORCEMENT.

       (a) In General.--Title II of the Immigration and 
     Nationality Act (8 U.S.C. 1151 et seq.) is amended by 
     inserting after section 240C the following:

     ``SEC. 240D. TRANSFER OF ILLEGAL ALIENS FROM STATE TO FEDERAL 
                   CUSTODY.

       ``(a) Defined Term.--In this section, the term `illegal 
     alien' means an alien who--
       ``(1) entered the United States without inspection or at 
     any time or place other than that designated by the Secretary 
     of Homeland Security;
       ``(2) after entering the United States with inspection at a 
     time and place designated by the Secretary of Homeland 
     Security, was granted parole into the United States;
       ``(3) was admitted as a nonimmigrant and, at the time the 
     alien was taken into custody by the State or political 
     subdivision, had failed--
       ``(A) to maintain the nonimmigrant status in which the 
     alien was admitted or to which it was changed under section 
     248; or
       ``(B) to comply with the conditions of the status described 
     in subparagraph (A);
       ``(4) was admitted as an immigrant and subsequently failed 
     to comply with the requirements of such status; or
       ``(5) failed to depart the United States as required under 
     a voluntary departure agreement or under a final order of 
     removal.
       ``(b) In General.--If a member of a law enforcement entity 
     of a State (or, if appropriate, a political subdivision of 
     the State), exercising authority with respect to the 
     apprehension or arrest of an illegal alien, submits a request 
     to the Secretary of Homeland Security that the alien be taken 
     into Federal custody, the Secretary shall--
       ``(1)(A) not later than 48 hours after the conclusion of 
     the State charging process or dismissal process (or if no 
     State charging or dismissal process is required, not later 
     than 48 hours after the alien is apprehended), take the alien 
     into the custody of the Federal Government and incarcerate 
     the alien; or
       ``(B) request that the relevant State or local law 
     enforcement agency temporarily detain or transport the alien 
     to a location for transfer to Federal custody; and
       ``(2) designate at least 1 Federal, State, or local prison 
     or jail or a private contracted prison or detention facility 
     within each State as the central facility for law enforcement 
     entities of such State to transfer custody of criminal or 
     illegal aliens to the Department of Homeland Security.
       ``(c) Reimbursement.--
       ``(1) In general.--The Secretary of Homeland Security shall 
     reimburse a State or a political subdivision of a State for 
     all reasonable expenses, as determined by the Secretary, 
     incurred by the State or political subdivision in the 
     detention and transportation of a criminal or illegal alien 
     under subsection (b)(1).
       ``(2) Cost computation.--The amount reimbursed for costs 
     incurred in the detention and transportation of a criminal or 
     illegal alien under subsection (b)(1) shall be equal to the 
     sum of--
       ``(A) the product of--
       ``(i) the average cost of incarceration of a prisoner in 
     the relevant State, as determined by the chief executive 
     officer of the State (or, as appropriate, a political 
     subdivision of the State); and
       ``(ii) the number of days that the alien was in the custody 
     of the State or political subdivision; and
       ``(B) the cost of transporting the criminal or illegal 
     alien from the point of apprehension or arrest to--
       ``(i) the location of detention; and
       ``(ii) if the location of detention and of custody transfer 
     are different, to the custody transfer point.
       ``(d) Requirement for Appropriate Security.--The Secretary 
     of Homeland Security shall ensure that illegal aliens 
     incarcerated in Federal facilities under this section are 
     held in facilities that provide an appropriate level of 
     security.
       ``(e) Schedule Requirement.--
       ``(1) In general.--In carrying out this section, the 
     Secretary of Homeland Security shall establish a regular 
     circuit and schedule for the prompt transfer of apprehended 
     illegal aliens from the custody of States and political 
     subdivisions of States to Federal custody.
       ``(2) Authority for contracts.--The Secretary of Homeland 
     Security may enter into contracts with appropriate State and 
     local law enforcement and detention officials to implement 
     this section.''.
       (b) Clerical Amendment.--The table of contents for the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
     amended by inserting after the item relating to section 240C 
     the following:

``Sec. 240D. Transfer of illegal aliens from State to Federal 
              custody.''.

     SEC. 506. DETENTION OF DANGEROUS ALIENS.

       (a) In General.--Section 241(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1231(a)) is amended--
       (1) by striking ``Attorney General'' each place such term 
     appears, except for the first reference in paragraph 
     (4)(B)(i), and inserting ``Secretary of Homeland Security'';
       (2) in paragraph (1)--
       (A) in subparagraph (A), by striking ``90 days'' and 
     inserting ``60 days''; and
       (B) by striking subparagraphs (B) and (C) and inserting the 
     following:
       ``(B) Beginning of period.--The removal period begins on 
     the latest of--
       ``(i) the date on which the order of removal becomes 
     administratively final;
       ``(ii) if the alien is not in the custody of the Secretary 
     of Homeland Security on the date on which the order of 
     removal becomes administratively final, the date on which the 
     alien is taken into such custody; or
       ``(iii) if the alien is detained or confined (except under 
     an immigration process) on the date on which the order of 
     removal becomes administratively final, the date on which the 
     alien is taken into the custody of the Secretary of Homeland 
     Security after the alien is released from such detention or 
     confinement.
       ``(C) Extension of period.--
       ``(i) In general.--The removal period shall be extended 
     beyond a period of 60 days and the Secretary of Homeland 
     Security may, in the Secretary's sole discretion, keep the 
     alien in detention during such extended period if--

       ``(I) the alien fails or refuses to make all reasonable 
     efforts to comply with the removal order, or to fully 
     cooperate with the Secretary's efforts to establish the 
     alien's identity and carry out the removal order, including--

       ``(aa) making timely application in good faith for travel 
     or other documents necessary for the alien's departure; or
       ``(bb) conspiring or acting to prevent the removal of an 
     alien that is subject to an order of removal;

       ``(II) a court, the Board of Immigration Appeals, or an 
     immigration judge orders a stay of removal of an alien who is 
     subject to an administratively final order of removal;
       ``(III) the Secretary lawfully transfers custody of the 
     alien to another Federal agency or to a State or local 
     government agency in connection with the official duties of 
     such agency; or
       ``(IV) a court or the Board of Immigration Appeals orders a 
     remand to the immigration judge or to the Board of 
     Immigration Appeals while the case is pending a decision on 
     remand (with the removal period beginning anew on the date on 
     which the alien is ordered removed on remand).

       ``(ii) Renewal.--If the removal period has been extended 
     pursuant to clause (i), a new removal period shall begin on 
     the date on which--

       ``(I) the alien makes all reasonable efforts to comply with 
     the removal order or to fully cooperate with the Secretary of 
     Homeland Security's efforts to establish the alien's identity 
     and carry out the removal order;
       ``(II) the stay of removal is no longer in effect; or
       ``(III) the alien is returned to the custody of the 
     Secretary.

       ``(iii) Mandatory detention for certain aliens.--The 
     Secretary shall keep an alien described in section 236(c)(1) 
     in detention during the extended period described in clause 
     (i).
       ``(iv) Sole form of relief.--An alien may seek relief from 
     detention under this subparagraph by filing an application 
     for a writ of habeas corpus in accordance with chapter 153 of 
     title 28, United States Code. No alien whose period of 
     detention is extended under this subparagraph shall have the 
     right to seek release on bond.'';
       (3) in paragraph (3)--
       (A) by inserting ``or is not detained pursuant to paragraph 
     (6)'' after ``removal period''; and
       (B) in subparagraph (D), by inserting ``in order to prevent 
     the alien from absconding, for the protection of the 
     community, or for other purposes related to the enforcement 
     of the immigration laws'' before the period at the end;
       (4) in paragraph (4)(A), by striking ``paragraph (2)'' and 
     inserting ``in subparagraph (B)''; and
       (5) by amending paragraph (6) to read as follows:
       ``(6) Additional rules for detention or release of certain 
     aliens.--
       ``(A) Detention review process for cooperative aliens.--
       ``(i) In general.--The Secretary of Homeland Security shall 
     establish an administrative review process to determine 
     whether an alien who is not otherwise subject to mandatory 
     detention, who has made all reasonable efforts to comply with 
     a removal order and to cooperate fully with the Secretary's 
     efforts to establish the alien's identity and to carry out 
     the removal order, including making timely application in 
     good faith for travel or other documents necessary to the 
     alien's departure, and who has not conspired or acted to 
     prevent removal, should be detained or released on 
     conditions.
       ``(ii) Determination.--The Secretary of Homeland Security 
     shall determine whether to release an alien after the removal 
     period in accordance with subparagraph (B). Such 
     determination shall include the consideration of any evidence 
     submitted by the alien and may include the consideration of 
     any other evidence, including any information or assistance 
     provided by the Secretary of State or other Federal official 
     and any other information available to the Secretary of 
     Homeland Security pertaining to the ability to remove the 
     alien.
       ``(B) Authority to detain beyond removal period.--

[[Page S717]]

       ``(i) In general.--The Secretary of Homeland Security, in 
     the sole discretion of the Secretary, may continue to detain 
     an alien for 90 days beyond the removal period (including any 
     extension of the removal period under paragraph (1)(C)). An 
     alien whose detention is extended under this subparagraph is 
     not entitled to seek release on bond.
       ``(ii) Specific circumstances.--The Secretary of Homeland 
     Security, in the sole discretion of the Secretary, may 
     continue to detain an alien beyond the 90 days authorized 
     under clause (i)--

       ``(I) until the alien is removed, if the Secretary, in the 
     sole discretion of the Secretary, determines that there is a 
     significant likelihood that the alien--

       ``(aa) will be removed in the reasonably foreseeable 
     future; or
       ``(bb) would be removed in the reasonably foreseeable 
     future, or would have been removed, but for the alien's 
     failure or refusal to make all reasonable efforts to comply 
     with the removal order, or to cooperate fully with the 
     Secretary's efforts to establish the alien's identity and 
     carry out the removal order, including making timely 
     application in good faith for travel or other documents 
     necessary to the alien's departure, or conspires or acts to 
     prevent removal;

       ``(II) until the alien is removed, if the Secretary of 
     Homeland Security certifies in writing--

       ``(aa) in consultation with the Secretary of Health and 
     Human Services, that the alien has a highly contagious 
     disease that poses a threat to public safety;
       ``(bb) after receipt of a written recommendation from the 
     Secretary of State, that release of the alien is likely to 
     have serious adverse foreign policy consequences for the 
     United States;
       ``(cc) based on information available to the Secretary of 
     Homeland Security (including classified, sensitive, or 
     national security information, and without regard to the 
     grounds upon which the alien was ordered removed), that there 
     is reason to believe that the release of the alien would 
     threaten the national security of the United States; or
       ``(dd) that the release of the alien will threaten the 
     safety of the community or any person, conditions of release 
     cannot reasonably be expected to ensure the safety of the 
     community or any person, or either--
       ``(AA) the alien has been convicted of 1 or more aggravated 
     felonies (as defined in section 101(a)(43)(A)), of 1 or more 
     crimes identified by the Secretary of Homeland Security by 
     regulation, or of 1 or more attempts or conspiracies to 
     commit any such aggravated felonies or such identified 
     crimes, if the aggregate term of imprisonment for such 
     attempts or conspiracies is at least 5 years; or
       ``(BB) the alien has committed 1 or more crimes of violence 
     (as defined in section 16 of title 18, United States Code), 
     excluding purely political offenses, and the alien, because 
     of a mental condition or personality disorder and behavior 
     associated with such condition or disorder, is likely to 
     engage in acts of violence in the future; or

       ``(III) pending a certification under subclause (II), if 
     the Secretary of Homeland Security initiates the 
     administrative review process not later than 30 days after 
     the expiration of the removal period (including any extension 
     of the removal period under paragraph (1)(C)).

       ``(iii) No right to bond hearing.--An alien whose detention 
     is extended under this subparagraph is not entitled to seek 
     release on bond, including by reason of a certification under 
     clause (ii)(II).
       ``(C) Renewal and delegation of certification.--
       ``(i) Renewal.--The Secretary of Homeland Security may 
     renew a certification under subparagraph (B)(ii)(II) every 6 
     months, after providing an opportunity for the alien to 
     request reconsideration of the certification and to submit 
     documents or other evidence in support of that request. If 
     the Secretary does not renew the certification, the Secretary 
     may not continue to detain the alien under subparagraph 
     (B)(ii)(II).
       ``(ii) Delegation.--Notwithstanding section 103, the 
     Secretary of Homeland Security may not delegate the authority 
     to make or renew a certification described in item (bb), 
     (cc), or (dd) of subparagraph (B)(ii)(II) below the level of 
     the Assistant Secretary for Immigration and Customs 
     Enforcement.
       ``(iii) Hearing.--The Secretary of Homeland Security may 
     request that the Attorney General or the Attorney General's 
     designee provide for a hearing to make the determination 
     described in item (dd)(BB) of subparagraph (B)(ii)(II).
       ``(D) Release on conditions.--If a Federal court or the 
     Board of Immigration Appeals determines that an alien should 
     be released from detention or if an immigration judge orders 
     a stay of removal, the Secretary of Homeland Security, in 
     discretion of the Secretary, may impose conditions on release 
     in accordance with paragraph (3).
       ``(E) Redetention.--
       ``(i) In general.--The Secretary of Homeland Security, in 
     the discretion of the Secretary, without any limitations 
     other than those specified in this section, may redetain any 
     alien subject to a final removal order who is released from 
     custody if--

       ``(I) removal becomes likely in the reasonably foreseeable 
     future;
       ``(II) the alien fails to comply with the conditions of 
     release or to continue to satisfy the conditions described in 
     subparagraph (A); or
       ``(III) upon reconsideration, the Secretary, in the sole 
     discretion of the Secretary, determines that the alien can be 
     detained under subparagraph (B).

       ``(ii) Applicability.--This section shall apply to any 
     alien returned to custody pursuant to this subparagraph as if 
     the removal period terminated on the first day of such 
     redetention.
       ``(F) Review of determinations by secretary.--A 
     determination by the Secretary of Homeland Security under 
     this paragraph shall not be subject to review by any other 
     agency.''.
       (b) Detention of Aliens During Removal Proceedings.--
     Section 236 of the Immigration and Nationality Act (8 U.S.C. 
     1226) is amended--
       (1) by striking ``Attorney General'' each place such term 
     appears (except in the second place the term appears in 
     subsection (a)) and inserting ``Secretary of Homeland 
     Security'';
       (2) in subsection (a)--
       (A) in the matter preceding paragraph (1), by inserting 
     ``the Secretary of Homeland Security or'' before ``the 
     Attorney General--''; and
       (B) in paragraph (2)(B), by striking ``conditional 
     parole;'' and inserting ``recognizance;'';
       (3) in subsection (b), by striking ``parole'' and inserting 
     ``recognizance'';
       (4) in subsection (c), by amending paragraph (1) to read as 
     follows:
       ``(1) Custody.--
       ``(A) In general.--The Secretary of Homeland Security shall 
     take into custody any alien described in paragraph (2) or (3) 
     of section 212(a) or in paragraph (2) or (4) of section 
     237(a), or who has no lawful status in the United States and 
     has been convicted for driving while intoxicated (including a 
     conviction for driving while under the influence or impaired 
     by alcohol or drugs), any time after the alien is released, 
     regardless of whether the alien--
       ``(i) is released related to any activity, offense, or 
     conviction described in this paragraph;
       ``(ii) is released on parole, supervised release, or 
     probation; or
       ``(iii) may be arrested or imprisoned again for the same 
     offense.
       ``(B) Subsequent custody.--If activity, offense, or 
     conviction described in subparagraph (A) does not result in 
     the alien being taken into custody, the Secretary of Homeland 
     Security shall take such alien into custody--
       ``(i) when the alien is brought to the attention of the 
     Secretary; or
       ``(ii) when the Secretary determines it is practical to 
     take such alien into custody.''.
       (5) in subsection (e), by striking ``Attorney General's'' 
     and inserting ``Secretary of Homeland Security's''; and
       (6) by adding at the end the following:
       ``(f) Length of Detention.--
       ``(1) In general.--Notwithstanding any other provision of 
     this section, an alien may be detained under this section, 
     and an alien described in subsection (c) shall be detained, 
     without time limitation, except as provided in subsection 
     (g), during the pendency of removal proceedings.
       ``(2) Construction.--The length of detention under this 
     section shall not affect a detention authorized under section 
     241.
       ``(g) Release on Bond.--
       ``(1) In general.--An alien detained under subsection (a) 
     may seek release on bond in an amount that is not less than 
     $10,000. No bond may be granted under this paragraph unless 
     the alien establishes, by clear and convincing evidence, that 
     the alien is not a flight risk or a risk to another person or 
     to the community.
       ``(2) Certain aliens ineligible.--No alien detained 
     pursuant to subsection (c) may seek release on bond.''.
       (c) Effective Dates.--
       (1) Subsection (a).--The amendments made by subsection (a) 
     shall take effect upon the date of the enactment of this Act, 
     and section 241 of the Immigration and Nationality Act, as 
     amended by subsection (a), shall apply to--
       (A) all aliens subject to a final administrative removal, 
     deportation, or exclusion order that was issued before, on, 
     or after the date of the enactment of this Act; and
       (B) acts and conditions occurring or existing before, on, 
     or after such date.
       (2) Subsection (b).--The amendments made by subsection (b) 
     shall take effect upon the date of the enactment of this Act, 
     and section 236 of the Immigration and Nationality Act, as 
     amended by subsection (b), shall apply to any alien in 
     detention under provisions of such section on or after such 
     date.

     SEC. 507. IMMIGRATION LAW ENFORCEMENT TRAINING OF STATE AND 
                   LOCAL LAW ENFORCEMENT PERSONNEL.

       (a) Training Manual and Pocket Guide.--
       (1) Publication.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     shall publish--
       (A) a training manual for State and local law enforcement 
     personnel to train such personnel in the investigation, 
     identification, apprehension, arrest, detention, and transfer 
     to Federal custody of aliens in the United States, 
     including--
       (i) the transportation of such aliens across State lines to 
     detention centers; and
       (ii) the identification of fraudulent documents; and
       (B) an immigration enforcement pocket guide for State and 
     local law enforcement personnel to provide a quick reference 
     for such personnel in the course of duty.

[[Page S718]]

       (2) Availability.--The training manual and pocket guide 
     published pursuant to paragraph (1) shall be made available 
     to all State and local law enforcement personnel.
       (3) Applicability.--Nothing in this subsection may be 
     construed to require State or local law enforcement personnel 
     to keep the training manual or pocket guide with them while 
     on duty.
       (4) Costs.--The Secretary shall be responsible for all 
     costs incurred in the publication of the training manual and 
     pocket guide under this subsection.
       (b) Training Flexibility.--
       (1) In general.--The Secretary of Homeland Security shall 
     make training available to State and local law enforcement 
     officers through as many means as possible, including--
       (A) residential training at--
       (i) the Federal Law Enforcement Training Center (referred 
     to in this subsection as ``FLETC'') of the Department of 
     Homeland Security in Glynco, Georgia; and
       (ii) the Center for Domestic Preparedness of the Federal 
     Emergency Management Agency in Anniston, Alabama;
       (B) onsite training held at State or local police agencies 
     or facilities;
       (C) online training courses by computer, teleconferencing, 
     and videotape; and
       (D) recording training courses on DVD.
       (2) Online training.--The head of the FLETC Learning Center 
     shall make training available for State and local law 
     enforcement personnel through the internet using a secure, 
     encrypted distributed learning system that--
       (A) has all its servers based in the United States;
       (B) is sealable and survivable; and
       (C) is capable of having a portal in place not later than 
     30 days after the date of the enactment of this Act.
       (3) Federal personnel training.--The training of State and 
     local law enforcement personnel under this section may not 
     displace the training of Federal personnel.
       (c) Rule of Construction.--Nothing in this Act or in any 
     other provision of law may be construed as making any 
     immigration-related training a requirement for, or a 
     prerequisite to, any State or local law enforcement officer 
     exercising the inherent authority of the officer to 
     investigate, identify, apprehend, arrest, detain, or transfer 
     to Federal custody illegal aliens during the normal course of 
     carrying out the law enforcement duties of the officer.
       (d) Training Limitation.--Section 287(g) of the Immigration 
     and Nationality Act (8 U.S.C. 1357(g)) is amended--
       (1) by striking ``Attorney General'' each place such term 
     appears and inserting ``Secretary of Homeland Security''; and
       (2) in paragraph (2), by adding at the end the following: 
     ``Training described in this paragraph may not exceed 14 days 
     or 80 hours, whichever is longer.''.

     SEC. 508. IMMUNITY.

       (a) Personal Immunity.--
       (1) In general.--Notwithstanding any other provision of 
     law, a law enforcement officer of a State or of a political 
     subdivision of a State shall be immune from personal 
     liability arising out of the enforcement of any immigration 
     law to the same extent as a Federal law enforcement officer 
     is immune.
       (2) Applicability.--The immunity provided under paragraph 
     (1) only applies to an officer of a State, or of a political 
     subdivision of a State, who is acting within the scope of 
     such officer's official duties.
       (b) Agency Immunity.--Notwithstanding any other provision 
     of law, a law enforcement agency of a State, or of a 
     political subdivision of a State, shall be immune from any 
     claim for money damages based on Federal, State, or local 
     civil rights law for an incident arising out of the 
     enforcement of any immigration law, except to the extent that 
     the law enforcement officer of that agency, whose action the 
     claim involves, committed a violation of Federal, State, or 
     local criminal law in the course of enforcing such 
     immigration law.
                                 ______
                                 
  SA 1530. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. ENSURING ONLY CITIZENS ARE REGISTERED TO VOTE IN 
                   ELECTIONS FOR FEDERAL OFFICE.

       (a) Requiring Documentary Proof of Identity, Citizenship, 
     and Age Eligibility With National Mail Voter Registration 
     Form.--Section 6 of the National Voter Registration Act of 
     1993 (52 U.S.C. 20505) is amended--
       (1) in subsection (a)(1)--
       (A) by striking ``Each State shall accept'' and inserting 
     ``Each State shall have the option to accept'';
       (B) by striking ``Federal Election Commission'' and 
     inserting ``Election Assistance Commission''; and
       (C) by inserting the following before the period at the 
     end: ``, provided, that the mail voter registration 
     application form must include documentary proof of the 
     identity, United States citizenship, and eligibility as to 
     age of the applicant'';
       (2) in subsection (b), by adding at the end the following: 
     ``All organized voter registration programs shall demonstrate 
     compliance with the provisions of subsection (a) and 
     capability to request and collect documentary proof as 
     described in subsection (a).''; and
       (3) in subsection (c)--
       (A) in paragraph (1)--
       (i) in subparagraph (A), by striking ``and'' at the end;
       (ii) in subparagraph (B) by striking the period at the end 
     and inserting ``; and''; and
       (iii) by adding at the end the following new subparagraph:
       ``(C) the person has not provided documentary proof of 
     citizenship when registering to vote''; and
       (B) in paragraph (2)(A), by inserting the following before 
     the semicolon: ``, provided that such person provides to the 
     State or local election office a copy of their valid United 
     States Passport or United States Military identification in 
     order to vote by absentee ballot under the Uniformed and 
     Overseas Citizens Absentee Voting Act''.
       (b) Requirements for Voter Registration Agencies.--Section 
     7 of the National Voter Registration Act of 1993 (52 U.S.C. 
     20506) is amended--
       (1) in subsection (a)--
       (A) in paragraph (4)(A), by adding at the end the following 
     new clause:
       ``(iv) Receipt of documentary proof of United States 
     citizenship of each applicant to be registered to vote.'';
       (B) in paragraph (5)(C), by inserting the following before 
     the semicolon: ``, provided that requiring documentary proof 
     of US citizenship shall not be construed or interpreted as 
     discouraging the applicant from registering to vote'';
       (C) in paragraph (6)--
       (i) in subparagraph (A)(i)(I), by striking ``(including 
     citizenship)'' and inserting ``and requires proof of United 
     States citizenship'';
       (ii) by redesignating subparagraph (B) as subparagraph (C), 
     and by inserting after subparagraph (A) the following new 
     subparagraph:
       ``(B) ask the applicant the question, `Are you a citizen of 
     the United States?', and require documentary proof of United 
     States citizenship prior to providing the form under 
     subparagraph (B);''; and
       (iii) in subparagraph (C), as redesignated under 
     subparagraph (B) of this paragraph, in the matter preceding 
     clause (i), by striking ``provide'' and inserting ``upon 
     receipt of documentary proof of United States citizenship as 
     described in subparagraph (B), provide''; and
       (2) in subsection (c)(1), by inserting ``who are citizens 
     of the United States'' after ``for persons''.
       (c) Requirements With Respect to Administration of Voter 
     Registration.--Section 8 of the National Voter Registration 
     Act of 1993 (52 U.S.C. 20507) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by inserting 
     ``, upon presentation and verification of documentary proof 
     of United States citizenship'' after ``election'';
       (ii) in subparagraph (A), by striking ``if the valid'' and 
     inserting ``if the documentary proof of United States 
     citizenship and a valid''; and
       (iii) in each of subparagraphs (B), (C), and (D), by 
     inserting ``together with the documentary proof of United 
     States citizenship'' after ``valid voter registration form'';
       (B) in paragraph (3)--
       (i) in subparagraph (B), by striking ``or'' at the end; and
       (ii) by adding at the end the following new subparagraphs:
       ``(D) based on documentary proof or verified information 
     that the registrant is not a United States citizen; or
       ``(E) the registration otherwise fails to comply with 
     applicable State law;'';
       (2) in subsection (b)--
       (A) in paragraph (2), by redesignating subparagraphs (A) 
     and (B) as clauses (i) and (ii), respectively;
       (B) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B);
       (C) by striking ``Registration.--Any'' and inserting 
     ``Registration.--
       ``(1) In general.--Any''; and
       (D) by adding at the end the following new paragraph:
       ``(2) Clarification.--The provisions of this section shall 
     not apply to a registration that is deemed invalid from 
     inception because the registrant is not a United States 
     citizen, is ineligible under State law to be registered to 
     vote, or the registration otherwise did not comply with 
     applicable State law at the time of registering to vote or 
     the registration has been rendered invalid or abandoned 
     subsequent to the initial registration by the person 
     registering to vote in another State or otherwise is invalid 
     under the provisions of State law.'';
       (3) in subsection (c)(2)(A), by inserting the following 
     before the period at the end: ``, provided that a State shall 
     remove at any time the name of an ineligible voter from the 
     official lists of eligible voters if the registration is 
     invalid due to evidence the individual is not a citizen of 
     the United States or the registration is otherwise invalid 
     under applicable State law'';
       (4) by inserting the following after subsection (g):
       ``(h) Removal of Non-citizens From Registration Rolls.--A 
     State may remove any

[[Page S719]]

     registration of a non-United States citizen at any time upon 
     presentation of documentation or verified information that a 
     registrant is not a United States citizen.'';
       (5) by redesignating subsection (j) as subsection (l); and
       (6) by inserting after subsection (i) the following new 
     subsection:
       ``(j) Ensuring Only Citizens Are Registered to Vote.--
       ``(1) In general.--Notwithstanding any other provision of 
     this Act, a State may not register an individual to vote in 
     elections for Federal office held in the State unless, at the 
     time the individual applies to register to vote, the 
     individual provides documentary proof that the individual is 
     a citizen of the United States, which shall consist of any of 
     the following (or a photocopy thereof):
       ``(A) A certified birth certificate issued by a State or 
     unit of local government in a State.
       ``(B) A valid United States passport.
       ``(C) A Consular Report of Birth Abroad issued by the 
     Secretary of State.
       ``(D) A Naturalization Certificate or Certificate of 
     Citizenship issued by the Secretary of Homeland Security.
       ``(2) State requirements.--Each State shall take 
     affirmative steps on an ongoing basis to ensure that only 
     United States citizens are registered to vote under the 
     provisions of this Act, which shall include the establishment 
     of a program described in paragraph (3).
       ``(3) Program described.--A State may meet the requirements 
     of paragraph (1) by establishing a program under which the 
     State identifies non-citizens using information supplied by--
       ``(A) the Department of Homeland Security through the 
     Systematic Alien Verification for Entitlements (commonly 
     known as `SAVE');
       ``(B) the Social Security Administration through the Social 
     Security Number Verification Service; or
       ``(C) State agencies that supply State identification cards 
     or drivers licenses where the agency confirms citizenship 
     status of applicants.
       ``(4) Availability of information.--The Department of 
     Homeland Security, the Social Security Administration, and 
     State agencies described in paragraph (2)(C) shall make 
     available to the States at no cost the information necessary 
     for each State to ensure that non-United States citizens are 
     not registered to vote in any State.
       ``(5) Criminal penalties.--Any person who--
       ``(A) is not United States citizen and who knowingly 
     registers to vote in an election for Federal office in 
     violation of this subsection; or
       ``(B) knowingly registers an individual who is not a United 
     States citizen to vote in an election for Federal office in 
     violation of this subsection,
     shall be subject to the criminal penalty described in section 
     12(2).''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on the date of enactment of this Act, and 
     shall apply with respect to applications for voter 
     registration which are submitted on or after such date.
                                 ______
                                 
  SA 1531. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 1388 proposed by Mrs. Murray (for herself and Mr. Schumer) 
to the bill H.R. 815, to amend title 38, United States Code, to make 
certain improvements relating to the eligibility of veterans to receive 
reimbursement for emergency treatment furnished through the Veterans 
Community Care program, and for other purposes; which was ordered to 
lie on the table; as follows:

        At the end of the amendment, add the following:

                   DIVISION C--STOPPING BORDER SURGES

     SEC. 4001. SHORT TITLE.

       This division may be cited as the ``Stopping Border Surges 
     Act''.

                 TITLE I--UNACCOMPANIED ALIEN CHILDREN

     SEC. 4101. REPATRIATION OF UNACCOMPANIED ALIEN CHILDREN.

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

       (I) in the matter preceding clause (i), by striking ``who 
     is a national or habitual resident of a country that is 
     contiguous with the United States'';
       (II) in clause (i), by inserting ``and'' at the end;
       (III) in clause (ii), by striking ``; and'' and inserting a 
     period; and
       (IV) by striking clause (iii);

       (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

       (iv) in subparagraph (C)--

       (I) by amending the subparagraph heading to read as 
     follows: ``Agreements with foreign countries.--''; and
       (II) in the matter preceding clause (i), by striking ``The 
     Secretary of State shall negotiate agreements between the 
     United States and countries contiguous to the United States'' 
     and inserting ``The Secretary of State may negotiate 
     agreements between the United States and any foreign country 
     that the Secretary determines appropriate'';

       (B) by redesignating paragraphs (3) through (5) as 
     paragraphs (4) through (6), respectively;
       (C) by inserting after paragraph (2) the following:
       ``(3) Special rules for interviewing unaccompanied alien 
     children.--An unaccompanied alien child shall be interviewed 
     by an immigration officer with specialized training in 
     interviewing child trafficking victims.''; and
       (D) in paragraph (6)(D), as redesignated--
       (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 ``, which shall include a 
     hearing before an immigration judge not later than 14 days 
     after being screened under paragraph (4)'' before the 
     semicolon at the end;
       (2) in subsection (b)--
       (A) in paragraph (2)--
       (i) in subparagraph (A), by inserting ``believed not to 
     meet the criteria listed in subsection (a)(2)(A)'' before the 
     semicolon at the end; and
       (ii) in subparagraph (B), by inserting ``and does not meet 
     the criteria listed in subsection (a)(2)(A)'' before the 
     period at the end; 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 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 adding at the end the following:
       ``(D) Information about individuals with whom children are 
     placed.--
       ``(i) Information to be provided to the department of 
     homeland security.--Before placing an unaccompanied alien 
     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, 
     the following information:

       ``(I) The name of the individual.
       ``(II) The Social Security number of the individual, if 
     available.
       ``(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.
       ``(VI) Contact information for the individual.

       ``(ii) Special rule.--Not later than 90 days after the date 
     of the enactment of this subparagraph, the Secretary of 
     Health and Human Services shall provide to the Secretary of 
     Homeland Security the information listed in clause (i) with 
     respect to any unaccompanied alien child apprehended between 
     January 1, 2021, and such date of enactment who the Secretary 
     of Health and Human Services has placed with an individual.
       ``(iii) 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 shall--

       ``(I) if the immigration status of an individual with whom 
     a child is placed is unknown, investigate the immigration 
     status of such individual; and
       ``(II) upon determining that an individual with whom a 
     child is placed is unlawfully present in the United States, 
     initiate removal proceedings against such individual pursuant 
     to chapter 4 of title II of the Immigration and Nationality 
     Act (8 U.S.C. 1221 et seq.)''; 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 apprehended on 
     or after the date of enactment of this Act.

     SEC. 4102. 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) Rule of Construction.--

[[Page S720]]

       ``(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, and all determinations regarding the 
     detention of such children shall be in the discretion of the 
     Secretary of Homeland Security.
       ``(2) Release of minors other than unaccompanied aliens.--
     An alien minor who is not an unaccompanied alien child may 
     not be released by the Secretary of Homeland Security other 
     than to a parent or legal guardian who is lawfully present in 
     the United States.
       ``(3) 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 amendment made by subsection (a) is intended to satisfy 
     the requirements of the Settlement Agreement in Flores v. 
     Meese, No. 85-4544 (C.D. Cal) as approved by the court on 
     January 28, 1997, with respect to its interpretation in 
     Flores v. Johnson, 212 F. Supp. 3d 864 (C.D. Cal. 2015), that 
     the agreement applies to accompanied minors.
       (c) Effective Date.--The amendment made by subsection (a)--
       (1) shall take effect on the date of the enactment of this 
     Act; and
       (2) shall apply to all actions that occur before, on, or 
     after such date of enactment.
       (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 1 or more of such children and the 
     parents or legal guardians of such children, that is located 
     in such State, be licensed by the State or by any political 
     subdivision of such State.

     SEC. 4103. SPECIAL IMMIGRANT JUVENILE STATUS FOR IMMIGRANTS 
                   UNABLE TO REUNITE WITH EITHER PARENT.

       Section 101(a)(27)(J) of the Immigration and Nationality 
     Act (8 U.S.C. 1101(a)(27)(J)) is amended--
       (1) in clause (i), by striking ``, and whose reunification 
     with 1 or both of the immigrant's parents is not viable due 
     to abuse, neglect, abandonment, or a similar basis found 
     under State law''; and
       (2) in clause (iii)--
       (A) in subclause (I), by striking ``and'' at the end;
       (B) in subclause (II), by adding ``and'' at the end; and
       (C) by adding at the end the following:

       ``(III) an alien may not be granted special immigrant 
     juvenile status under this subparagraph if his or her 
     reunification with any parent or legal guardian is not 
     precluded by abuse, neglect, abandonment, or any similar 
     cause under State law;''.

                        TITLE II--ASYLUM REFORM

     SEC. 4201. CLARIFICATION OF ASYLUM ELIGIBILITY.

       (a) 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 ``and has arrived in the United States at 
     a port of entry,'' after ``United States''.
       (b) Eligibility.--Section 208(b)(1)(A) of such Act (8 
     U.S.C. 1158(b)(1)(A)) is amended by inserting ``and is 
     eligible to apply for asylum under subsection (a)'' after 
     ``section 101(a)(42)(A)''.

     SEC. 4202. SAFE THIRD COUNTRY.

       Section 208(a)(2)(A) of the Immigration and Nationality Act 
     (8 U.S.C. 1158(a)(2)(A)) is amended--
       (1) by striking ``if the Attorney General determines that 
     the alien may be removed'' and inserting the following: ``if 
     the Attorney General or the Secretary of Homeland Security 
     determines that--
       ``(i) the alien may be removed'';
       (2) by striking ``removed, pursuant to a bilateral or 
     multilateral agreement, to'' and inserting ``removed to'';
       (3) by inserting ``, on a case by case basis,'' before 
     ``finds that'';
       (4) by striking the period at the end and inserting ``; 
     or''; and
       (5) by adding at the end the following:
       ``(ii) the alien entered, attempted to enter, or arrived in 
     the United States after transiting through at least one 
     country outside the alien's country of citizenship, 
     nationality, or last lawful habitual residence en route to 
     the United States, unless--
       ``(I) the alien demonstrates that he or she applied for 
     protection from persecution or torture in at least one 
     country outside the alien's country of citizenship, 
     nationality, or last lawful habitual residence through which 
     the alien transited en route to the United States, and the 
     alien received a final judgement 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 younger than 18 years 
     of age; 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 all countries 
     that 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. 4203. APPLICATION TIMING.

       Section 208(a)(2)(B) of the Immigration and Nationality Act 
     (8 U.S.C. 1158(a)(2)(B)) is amended by striking ``1 year'' 
     and inserting ``6 months''.

     SEC. 4204. CLARIFICATION OF BURDEN OF PROOF.

       Section 208(b)(1)(B)(i) of the Immigration and Nationality 
     Act (8 U.S.C. 1158(b)(1)(B)(i)) is amended by striking ``at 
     least one central reason'' and inserting ``the central 
     reason''.

     SEC. 4205. ANTI-FRAUD INVESTIGATIVE WORK PRODUCT.

       (a) Asylum Credibility Determinations.--Section 
     208(b)(1)(B)(iii) of the Immigration and Nationality Act (8 
     U.S.C. 1158(b)(1)(B)(iii)) is amended by inserting after 
     ``all relevant factors'' the following: ``, including 
     statements made to, and investigative reports prepared by, 
     immigration authorities and other government officials''.
       (b) Relief for Removal Credibility Determinations.--Section 
     240(c)(4)(C) of such Act (8 U.S.C. 1229a(c)(4)(C)) is amended 
     by inserting ``, including statements made to, and 
     investigative reports prepared by, immigration authorities 
     and other government officials'' after ``all relevant 
     factors''.

     SEC. 4206. ADDITIONAL EXCEPTION.

       Section 208(b)(2)(A) of the Immigration and Nationality Act 
     (8 U.S.C. 1158(b)(2)(A)) is amended--
       (1) in clause (v), by striking ``or'' at the end;
       (2) in clause (vi), by striking the period and inserting 
     ``; or''; and
       (3) by adding at the end the following:
       ``(vii) there are reasonable grounds for concluding the 
     alien could avoid persecution by relocating to another part 
     of the alien's country of nationality or, if stateless, 
     another part of the alien's country of last habitual 
     residence.''.

     SEC. 4207. JURISDICTION OF ASYLUM APPLICATIONS.

       Section 208(b)(3) of the Immigration and Nationality Act (8 
     U.S.C. 1158) is amended by striking subparagraph (C).

     SEC. 4208. RENUNCIATION OF ASYLUM STATUS PURSUANT TO RETURN 
                   TO HOME COUNTRY.

       (a) In General.--Section 208(c) of the Immigration and 
     Nationality Act (8 U.S.C. 1158(c)) is amended by adding at 
     the end the following:
       ``(4) Renunciation of status pursuant to return to home 
     country.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     any alien who is granted asylum status under this Act, who, 
     absent changed country conditions, subsequently returns to 
     the country of such alien's nationality or, in the case of an 
     alien having no nationality, returns to any country in which 
     such alien last habitually resided, and who applied for such 
     status because of persecution or a well-founded fear of 
     persecution in that country on account of race, religion, 
     nationality, membership in a particular social group, or 
     political opinion, shall have his or her status terminated.
       ``(B) Waiver.--The Secretary has discretion to waive 
     subparagraph (A) if it is established to the satisfaction of 
     the Secretary that the alien had a compelling reason for the 
     return. The waiver may be sought prior to departure from the 
     United States or upon return.''.
       (b) Conforming Amendment.--Section 208(c)(3) of such Act (8 
     U.S.C. 1158(c)(3)) is amended by inserting ``or (4)'' after 
     ``paragraph (2)''.

     SEC. 4209. CLARIFICATION REGARDING EMPLOYMENT ELIGIBILITY.

       Section 208(d)(2) of the Immigration and Nationality Act (8 
     U.S.C. 1158(d)(2)) is amended--
       (1) by striking ``prior to 180 days'' and inserting 
     ``before the date that is 1 year''; and
       (2) by inserting ``and the authorization shall expire 6 
     months after the date on which it is granted'' before the 
     period at the end.

     SEC. 4210. 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--

[[Page S721]]

       (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 at the end 
     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 to read as follows:
       ``(6) Frivolous applications.--
       ``(A) Consequence.--If the Secretary of Homeland Security 
     or the Attorney General determines that an alien has 
     knowingly made a frivolous application for asylum after 
     receiving the written warning required under paragraph 
     (4)(C), such alien shall be permanently ineligible for any 
     benefits under this chapter, effective as the date of the 
     final determination of such an application.
       ``(B) Determination.--An application shall be considered 
     frivolous if the Secretary of Homeland Security or the 
     Attorney General determines, consistent with subparagraph 
     (C), that--
       ``(i) the application is so insufficient in substance that 
     it is clear that the applicant knowingly filed the 
     application solely or in part 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) Opportunity to clarify claim.--An application may not 
     be considered frivolous under this paragraph unless the 
     Secretary or the Attorney General are satisfied that the 
     applicant, during the course of the proceedings, has had 
     sufficient opportunity to clarify any discrepancies or 
     implausible aspects of the applicant's claim.
       ``(D) Withholding of removal.--A determination under this 
     paragraph that an alien filed a frivolous asylum application 
     shall not preclude such alien from seeking withholding of 
     removal under section 241(b)(3) or protection pursuant to the 
     Convention Against Torture and Other Cruel, Inhuman or 
     Degrading Treatment or Punishment, done at New York December 
     10, 1984.''.

     SEC. 4211. 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 
     ``claim'' and all that follows, and inserting ``claim, as 
     determined pursuant to section 208(b)(1)(B)(iii), and such 
     other facts as are known to the officer, that the alien could 
     establish eligibility for asylum under section 208, and it is 
     more probable than not that the statements made by, and on 
     behalf of, the alien in support of the alien's claim are 
     true.''.

     SEC. 4212. RECORDING EXPEDITED REMOVAL AND CREDIBLE FEAR 
                   INTERVIEWS.

       (a) In General.--The Secretary of Homeland Security shall 
     establish quality assurance procedures and take steps to 
     effectively ensure that--
       (1) questions by employees of the Department of Homeland 
     Security exercising expedited removal authority under section 
     235(b) of the Immigration and Nationality Act (8 U.S.C. 
     1225(b)) are asked in a uniform manner, to the extent 
     possible; and
       (2) such questions and the answers provided in response to 
     such questions are recorded in a uniform manner.
       (b) Credible Fear Interview Checklists.--The Secretary of 
     Homeland Security shall--
       (1) provide a checklist of standard questions and concepts 
     to be addressed in all interviews required under section 
     235(b) of the Immigration and Nationality Act (8 U.S.C. 
     1225(b)) to immigration officers exercising decision-making 
     authority in such interviews;
       (2) routinely update such checklist to include relevant 
     changes to law and procedures; and
       (3) require all immigration officers utilizing such 
     checklists to provide concise justifications of their 
     decisions regardless of whether credible fear was or was not 
     established by the alien.
       (c) Factors Relating to Sworn Statements.--To the extent 
     practicable, any sworn or signed written statement taken from 
     an alien as part of the record of a proceeding under section 
     235(b)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 
     1225(b)(1)(A)) shall be accompanied by a recording of the 
     interview which served as the basis for such sworn statement.
       (d) Interpreters.--The Secretary of Homeland Security shall 
     ensure the use of a competent interpreter who is not 
     affiliated with the government of the country from which the 
     alien may claim asylum if the interviewing officer does not 
     speak a language understood by the alien.
       (e) Recordings in Immigration Proceedings.--All interviews 
     of aliens subject to expedited removal shall be recorded 
     (either by audio or by audio visual). Such recordings shall 
     be included in the record of proceeding and shall be 
     considered as evidence in any further proceedings involving 
     such aliens.
       (f) No Private Right of Action.--Nothing in this section 
     may be construed to create--
       (1) any right, benefit, trust, or responsibility, whether 
     substantive or procedural, enforceable in law or equity by a 
     party against the United States, its departments, agencies, 
     instrumentalities, entities, officers, employees, or agents, 
     or any person; or
       (2) any right of review in any administrative, judicial, or 
     other proceeding.

     SEC. 4213. PENALTIES FOR ASYLUM FRAUD.

       Section 1001 of title 18, United States Code, is amended by 
     adding at the end the following:
       ``(d) Any person who, in any matter before the Secretary of 
     Homeland Security or the Attorney General pertaining to 
     asylum under section 208 of the Immigration and Nationality 
     Act (8 U.S.C. 1158) or withholding of removal under section 
     241(b)(3) of such Act (8 U.S.C. 1231(b)(3)), knowingly and 
     willfully--
       ``(1) makes any materially false, fictitious, or fraudulent 
     statement or representation; or
       ``(2) makes or uses any false writings or document knowing 
     the same to contain any materially false, fictitious, or 
     fraudulent statement or entry,
     shall be fined under this title, imprisoned not more than 10 
     years, or both.''.

     SEC. 4214. STATUTE OF LIMITATIONS FOR ASYLUM FRAUD.

       Section 3291 of title 18, United States Code, is amended--
       (1) by striking ``1544,'' and inserting ``1544, and section 
     1546,''; and
       (2) by inserting ``or within 10 years after the fraud is 
     discovered'' before the period at the end.

     SEC. 4215. TECHNICAL AMENDMENTS.

       Section 208 of the Immigration and Nationality Act, as 
     amended by this title, is further 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 (b)(2), by inserting ``Secretary of 
     Homeland Security or the'' before ``Attorney General'' each 
     place such term appears;
       (3) 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
       (4) in subsection (d)--
       (A) in paragraph (1), by inserting ``Secretary of Homeland 
     Security or the'' before ``Attorney General'' each place such 
     term appears;
       (B) in paragraph (2), by striking ``Attorney General'' and 
     inserting ``Secretary of Homeland Security''; and
       (C) 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''.
                                 ______
                                 
  SA 1532. Mr. CRAMER submitted an amendment intended to be proposed to 
amendment SA 1388 submitted by Mrs. Murray (for herself and Mr. 
Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        In section 201(a) of division A, insert after the first 
     proviso the following: ``Provided further, That the 
     $800,000,000 made available under the previous proviso may 
     only be made available if the Department of Energy halts the 
     review of the underlying analysis used to permit liquefied 
     natural gas exports under the Natural Gas Act (15 U.S.C. 717 
     et seq.), announced on January 26, 2024, and resumes 
     approvals for liquefied natural gas exports under that 
     Act:''.
                                 ______
                                 
  SA 1533. Mrs. BLACKBURN submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

[[Page S722]]

       Sec. __.  None of the amounts appropriated or otherwise 
     made available by this Act may be made available to the 
     United Nations or any United Nations organization or 
     affiliate until Hamas, Hezbollah, and all other Iranian 
     proxies involved in terroristic activities are included on 
     the United Nations Security Council Consolidated List.
                                 ______
                                 
  SA 1534. Mrs. BLACKBURN submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:
       Sec. __.  None of the amounts appropriated or otherwise 
     made available by this Act may be made available for 
     assistance to Gaza until all of the hostages taken on October 
     7, 2023, by Hamas have been released.
                                 ______
                                 
  SA 1535. Mrs. BLACKBURN submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. EXPEDITED REMOVAL OF ALIENS CONVICTED OF AGGRAVATED 
                   ASSAULT AGAINST A FIRST RESPONDER.

       (a) Grounds for Deportability.--Section 237(a)(2)(A) of the 
     Immigration and Nationality Act (8 U.S.C. 1227(a)(2)(A)) is 
     amended--
       (1) by redesignating clause (vi) as clause (vii); and
       (2) by inserting after clause (v) the following:
       ``(vi) Aggravated assault against a first responder.--Any 
     alien who is convicted of any form of aggravated assault 
     against a first responder, including a law enforcement 
     officer, a firefighter, or an emergency medical technician, 
     is deportable.''.
       (b) Expedited Removal.--Section 238(a)(1) of the 
     Immigration and Nationality Act (8 U.S.C. 1228(a)(1)) is 
     amended--
       (1) by striking ``section 241(a)(2)(A)(iii), (B), (C), or 
     (D)'' and inserting ``subparagraph (A)(iii), (A)(vi), (B), 
     (C), or (D) of section 237(a)(2)''; and
       (2) by striking ``section 241'' each place such term 
     appears and inserting ``section 237''.
                                 ______
                                 
  SA 1536. Mrs. BLACKBURN submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. ENDING CHILD TRAFFICKING.

       (a) DNA Testing.--
       (1) In general.--Chapter 2 of title II of the Immigration 
     and Nationality Act (8 U.S.C. 1181 et seq.) is amended by 
     inserting after section 211 the following:

     ``SEC. 211A. FAMILIAL RELATIONSHIP DOCUMENTARY REQUIREMENTS.

       ``(a) In General.--Except as provided in subsection (b), an 
     alien who has attained 18 years of age may not be admitted 
     into the United States with a minor.
       ``(b) Exceptions.--An alien described in subsection (a) may 
     be admitted into the United States with a minor if--
       ``(1) the alien presents to the Secretary of Homeland 
     Security--
       ``(A) 1 or more documents that prove that such alien is a 
     relative or guardian of such minor; and
       ``(B) a witness that testifies that such alien is a 
     relative or guardian of such minor; or
       ``(2) a DNA test administered by the Secretary of Health 
     and Human Services proves that such alien is a relative of 
     such minor.
       ``(c) Administration of DNA Test.--The Secretary of 
     Homeland Security shall request, and the Secretary of Health 
     and Human Services shall administer, a DNA test only if the 
     Secretary of Homeland Security is unable to determine, based 
     on the evidence presented in accordance with subsection 
     (b)(1), that an adult alien is a relative or guardian of the 
     minor accompanying such alien.
       ``(d) Denial of Consent.--
       ``(1) Alien.--An alien described in subsection (a) is 
     inadmissible if--
       ``(A) the Secretary of Homeland Security determines that 
     such alien has presented insufficient evidence under 
     subsection (b)(1) to prove that the alien is a relative of 
     the minor; and
       ``(B) the alien refuses to consent to a DNA test.
       ``(2) Minor.--A minor accompanying an alien who is 
     inadmissible under paragraph (1) shall be treated as an 
     unaccompanied alien child (as defined in section 462(g) of 
     the Homeland Security Act of 2002 (6 U.S.C. 279(g))).
       ``(e) DNA Test Results.--If the results of a DNA test 
     administered pursuant to subsection (c) fail to prove that an 
     alien described in subsection (a) is a relative of a minor 
     accompanying such alien, an immigration officer shall conduct 
     such interviews as may be necessary to determine whether such 
     alien is a relative or guardian of such minor.
       ``(f) Arrest.--An immigration officer may, pursuant to 
     section 287, arrest an alien described in subsection (a) if 
     the immigration officer--
       ``(1) determines, after conducting interviews pursuant to 
     subsection (e), that such alien is not related to the minor 
     accompanying the alien; and
       ``(2) has reason to believe that such alien is guilty of a 
     felony offense, including the offenses of human trafficking, 
     recycling of a minor, or alien smuggling.
       ``(g) Definitions.--In this section--
       ``(1) Minor.--The term `minor' means an alien who has not 
     attained 18 years of age.
       ``(2) Recycling.--The term `recycling' means that a minor 
     is being used to enter the United States on more than 1 
     occasion by an alien who has attained 18 years of age and is 
     not the relative or the guardian of such minor;
       ``(3) Relative.--The term `relative' means an individual 
     related by consanguinity within the second degree, as 
     determined by common law.''.
       (2) Clerical amendment.--The table of contents for the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
     amended by inserting after the item relating to section 211 
     the following:
``Sec. 211A. Familial relationship documentary requirements.''.
       (b) Criminalizing Recycling of Minors.--
       (1) In general.--Chapter 69 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1430. Recycling of minors

       ``(a) In General.--Any person 18 years of age or older who 
     knowingly uses, for the purpose of gaining entry into the 
     United States, a minor to whom the individual is not a 
     relative or guardian, shall be fined under this title, 
     imprisoned not more than 10 years, or both.
       ``(b) Relative.--In this section, the term `relative' means 
     an individual related by consanguinity within the second 
     degree, as determined by common law.''.
       (2) Clerical amendment.--The table of sections for chapter 
     69 of title 18, United States Code, is amended by adding at 
     the end the following:
``1430. Recycling of minors.''.
                                 ______
                                 
  SA 1537. Mrs. BLACKBURN submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. REPORT ON MISSING UNACCOMPANIED MINOR CHILDREN.

       Not later than 90 days after the date of the enactment of 
     this Act, and quarterly thereafter, the Secretary of Health 
     and Human Services shall submit to Congress a report that 
     includes the number of unaccompanied minor children--
       (1) who have been released from the custody of Health and 
     Human Services; and
       (2) whose current location is unknown.
                                 ______
                                 
  SA 1538. Mrs. BLACKBURN submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. FOLLOW-UP SERVICES FOR UNACCOMPANIED ALIEN CHILDREN 
                   PLACED WITH SPONSORS.

       (a) In General.--Immediately upon placing an unaccompanied 
     alien child with a

[[Page S723]]

     sponsor, the Director of the Office of Refugee Resettlement 
     shall conduct follow-up services, including in-person home 
     visits.
       (b) Additional Services.--The Director may conduct other 
     follow-up services, including phone calls, electronic 
     correspondence, and other communications.
                                 ______
                                 
  SA 1539. Mrs. BLACKBURN submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. PLACEMENT OF MOVABLE, TEMPORARY STRUCTURES ON 
                   CERTAIN FEDERAL LAND TO SECURE AN INTERNATIONAL 
                   BORDER OF THE UNITED STATES.

       (a) Definitions.--In this section:
       (1) Border state.--The term ``Border State'' means a State 
     that is adjacent to the northern border or southern border.
       (2) Federal land.--The term ``Federal land'' means land 
     under the jurisdiction and management of a Federal land 
     management agency that is adjacent to the northern border or 
     southern border.
       (3) Federal land management agency.--The term ``Federal 
     land management agency'' means--
       (A) the Bureau of Indian Affairs;
       (B) the Bureau of Land Management;
       (C) the Bureau of Reclamation;
       (D) the Forest Service;
       (E) the United States Fish and Wildlife Service; and
       (F) the National Park Service.
       (4) Northern border.--The term ``northern border'' means 
     the international border between the United States and 
     Canada.
       (5) Operational control.--The term ``operational control'' 
     has the meaning given such term in section 2(b) of the Secure 
     Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109-367).
       (6) Secretary concerned.--The term ``Secretary concerned'' 
     means--
       (A) the Secretary of the Interior, with respect to Federal 
     land under the jurisdiction and management of the Secretary 
     of the Interior, acting through, as applicable--
       (i) the Director of the Bureau of Indian Affairs;
       (ii) the Director of the Bureau of Land Management;
       (iii) the Commissioner of Reclamation;
       (iv) the Director of the United States Fish and Wildlife 
     Service; and
       (v) the Director of the National Park Service; and
       (B) the Secretary of Agriculture, with respect to National 
     Forest System land, acting through the Chief of the Forest 
     Service.
       (7) Southern border.--The term ``southern border'' means 
     the international border between the United States and 
     Mexico.
       (b) Special Use Authorization.--Subject to subsection (c), 
     the Secretary concerned shall not require a Border State to 
     obtain a special use authorization for the temporary 
     placement on Federal land within the Border State of a 
     movable, temporary structure for the purpose of securing the 
     northern border or southern border, if the Border State 
     submits to the Secretary concerned notice of the proposed 
     placement not later than 45 days before the date of the 
     proposed placement.
       (c) Temporary Placement.--
       (1) In general.--A movable, temporary structure described 
     in subsection (b) may be placed by a Border State on Federal 
     land in accordance with that subsection for a period of not 
     more than 1 year, subject to paragraph (2).
       (2) Extension.--
       (A) In general.--The period described in paragraph (1) may 
     be extended in 90-day increments, on approval by the 
     Secretary concerned.
       (B) Consultation required.--The Secretary concerned shall 
     consult with the Commissioner of U.S. Customs and Border 
     Protection for purposes of determining whether to approve an 
     extension under subparagraph (A).
       (C) Approval.--The Secretary concerned shall approve a 
     request for an extension under this paragraph if the 
     Commissioner of U.S. Customs and Border Protection determines 
     that operational control has not been achieved as of the date 
     of the consultation required under subparagraph (B).
                                 ______
                                 
  SA 1540. Mrs. BLACKBURN submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. MAXIMUM NUMBER OF PAROLEES.

       Section 212(d)(5) of the Immigration and Nationality Act (8 
     U.S.C. 1182(d)(5)) is amended--
       (1) by striking ``Attorney General'' each place it appears 
     and inserting ``Secretary of Homeland Security''; and
       (2) by adding at the end the following:
       ``(C) The number of aliens the Secretary of Homeland 
     Security may parole into the United States under this 
     subsection shall not exceed a total of 6,000 each fiscal 
     year.''.
                                 ______
                                 
  SA 1541. Mr. KELLY (for himself and Mr. Cruz) submitted an amendment 
intended to be proposed to amendment SA 1388 submitted by Mrs. Murray 
(for herself and Mr. Schumer) and intended to be proposed to the bill 
H.R. 815, to amend title 38, United States Code, to make certain 
improvements relating to the eligibility of veterans to receive 
reimbursement for emergency treatment furnished through the Veterans 
Community Care program, and for other purposes; which was ordered to 
lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. SEMICONDUCTOR PROGRAM.

       Title XCIX of division H of the William M. (Mac) Thornberry 
     National Defense Authorization Act for Fiscal Year 2021 (15 
     U.S.C. 4651 et seq.) is amended--
       (1) in section 9902 (15 U.S.C. 4652)--
       (A) by redesignating subsections (h) and (i) as subsections 
     (i) and (j), respectively; and
       (B) by inserting after subsection (g) the following:
       ``(h) Authority Relating to Environmental Review.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, the provision by the Secretary of Federal financial 
     assistance for a project described in this section that 
     satisfies the requirements under subsection (a)(2)(C)(i) of 
     this section shall not be considered to be a major Federal 
     action under the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.) (referred to in this subsection as 
     `NEPA') or an undertaking for the purposes of division A of 
     subtitle III of title 54, United States Code, if--
       ``(A) the activity described in the application for that 
     project has commenced not later than December 31, 2024;
       ``(B) the Federal financial assistance provided is in the 
     form of a loan or loan guarantee; or
       ``(C) the Federal financial assistance provided, excluding 
     any loan or loan guarantee, comprises not more than 10 
     percent of the total estimated cost of the project.
       ``(2) Savings clause.--Nothing in this subsection may be 
     construed as altering whether an activity described in 
     subparagraph (A), (B), or (C) of paragraph (1) is considered 
     to be a major Federal action under NEPA, or an undertaking 
     under division A of subtitle III of title 54, United States 
     Code, for a reason other than that the activity is eligible 
     for Federal financial assistance provided under this 
     section.''; and
       (2) in section 9909 (15 U.S.C. 4659), by adding at the end 
     the following:
       ``(c) Lead Federal Agency and Cooperating Agencies.--
       ``(1) Definition.--In this subsection, the term `lead 
     agency' has the meaning given the term in section 111 of NEPA 
     (42 U.S.C. 4336e).
       ``(2) Option to serve as lead agency.--With respect to a 
     covered activity that is a major Federal action under NEPA, 
     and with respect to which the Department of Commerce is 
     authorized or required by law to issue an authorization or 
     take action for or relating to that covered activity, the 
     Department of Commerce shall have the first right to serve as 
     the lead agency with respect to that covered activity under 
     NEPA.
       ``(d) Categorical Exclusions.--
       ``(1) Establishment of categorical exclusions.--Each of the 
     following categorical exclusions is established for the 
     National Institute of Standards and Technology with respect 
     to a covered activity and, beginning on the date of enactment 
     of this subsection, is available for use by the Secretary 
     with respect to a covered activity:
       ``(A) Categorical exclusion 17.04.d (relating to the 
     acquisition of machinery and equipment) in the document 
     entitled `EDA Program to Implement the National Environmental 
     Policy Act of 1969 and Other Federal Environmental Mandates 
     As Required' (Directive No. 17.02-2; effective date October 
     14, 1992).
       ``(B) Categorical exclusion A9 in Appendix A to subpart D 
     of part 1021 of title 10, Code of Federal Regulations, or any 
     successor regulation.
       ``(C) Categorical exclusions B1.24, B1.31, B2.5, and B5.1 
     in Appendix B to subpart D of part 1021 of title 10, Code of 
     Federal Regulations, or any successor regulation.
       ``(D) The categorical exclusions described in paragraphs 
     (4) and (13) of section 50.19(b) of title 24, Code of Federal 
     Regulations, or any successor regulation.
       ``(E) Categorical exclusion (c)(1) in Appendix B to part 
     651 of title 32, Code of Federal Regulations, or any 
     successor regulation.
       ``(F) Categorical exclusions A2.3.8 and A2.3.14 in Appendix 
     B to part 989 of title 32, Code of Federal Regulations, or 
     any successor regulation.

[[Page S724]]

       ``(2) Additional categorical exclusions.--Notwithstanding 
     any other provision of law, each of the following shall be 
     treated as a category of action categorically excluded from 
     the requirements relating to environmental assessments and 
     environmental impact statements under section 1501.4 of title 
     40, Code of Federal Regulations, or any successor regulation:
       ``(A) The provision by the Secretary of any Federal 
     financial assistance for a project described in section 9902, 
     if the facility that is the subject of the project is on or 
     adjacent to a site--
       ``(i) that is owned or leased by the covered entity to 
     which Federal financial assistance is provided for that 
     project; and
       ``(ii) on which, as of the date on which the Secretary 
     provides that Federal financial assistance, substantially 
     similar construction, expansion, or modernization is being or 
     has been carried out, such that the facility would not more 
     than double existing developed acreage or on-site supporting 
     infrastructure.
       ``(B) The provision by the Secretary of Defense of any 
     Federal financial assistance relating to--
       ``(i) the creation, expansion, or modernization of one or 
     more facilities described in the second sentence of section 
     9903(a)(1); or
       ``(ii) carrying out section 9903(b), as in effect on the 
     date of enactment of this subsection.
       ``(C) Any activity undertaken by the Secretary relating to 
     carrying out section 9906, as in effect on the date of 
     enactment of this subsection.
       ``(e) Incorporation of Prior Planning Decisions.--
       ``(1) Definition.--In this subsection, the term `prior 
     studies and decisions' means baseline data, planning 
     documents, studies, analyses, decisions, and documentation 
     that a Federal agency has completed for a project (or that 
     have been completed under the laws and procedures of a State 
     or Indian Tribe), including for determining the reasonable 
     range of alternatives for that project.
       ``(2) Reliance on prior studies and decisions.--In 
     completing an environmental review under NEPA for a covered 
     activity, the Secretary may consider and, as appropriate, 
     rely on or adopt prior studies and decisions, if the 
     Secretary determines that--
       ``(A) those prior studies and decisions meet the standards 
     for an adequate statement, assessment, or determination under 
     applicable procedures of the Department of Commerce 
     implementing the requirements of NEPA;
       ``(B) in the case of prior studies and decisions completed 
     under the laws and procedures of a State or Indian Tribe, 
     those laws and procedures are of equal or greater rigor than 
     those of each applicable Federal law, including NEPA, 
     implementing procedures of the Department of Commerce; or
       ``(C) if applicable, the prior studies and decisions are 
     informed by other analysis or documentation that would have 
     been prepared if the prior studies and decisions were 
     prepared by the Secretary under NEPA.
       ``(f) Definitions.--In this section:
       ``(1) Covered activity.--The term `covered activity' means 
     any activity relating to the construction, expansion, or 
     modernization of a facility, the investment in which is 
     eligible for Federal financial assistance under section 9902 
     or 9906.
       ``(2) NEPA.--The term `NEPA' means the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).''.
                                 ______
                                 
  SA 1542. Mr. RUBIO (for Mr. Scott of Florida) submitted an amendment 
intended to be proposed to amendment SA 1388 submitted by Mrs. Murray 
(for herself and Mr. Schumer) and intended to be proposed to the bill 
H.R. 815, to amend title 38, United States Code, to make certain 
improvements relating to the eligibility of veterans to receive 
reimbursement for emergency treatment furnished through the Veterans 
Community Care program, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 56, after line 13, add the following:
       Sec. 617. (a) This section may be cited as the ``Stop 
     Taxpayer Funding of Hamas Act''.
       (b) Notwithstanding any other provision of law, none of the 
     funds appropriated or otherwise made available by this Act, 
     or by any prior Act making appropriations for the Department 
     of State, foreign operations, and related programs, may be 
     made available for any expenditure in the territory of Gaza 
     until after the President certifies to the Committee on 
     Foreign Relations of the Senate and the Committee on Foreign 
     Affairs of the House of Representatives that--
       (1) such funds can be expended without benefitting any 
     organization or persons that is--
       (A) a member of Hamas, Palestinian Islamic Jihad, or any 
     other organization designated by the Secretary of State as a 
     foreign terrorist organization under section 219 of the 
     Immigration and Nationality Act (8 U.S.C. 1189); or
       (B) controlled or influenced by Hamas, Palestinian Islamic 
     Jihad, or any such foreign terrorist organization; and
       (2) all hostages who were taken to Gaza by any organization 
     referred to in paragraph (1)(A) have been freed.
       (c) Notwithstanding any other provision of law, none of the 
     funds appropriated or otherwise made available by this Act, 
     or by any prior Act making appropriations for the Department 
     of State, foreign operations, and related programs, may be 
     obligated or expended in the territory of Gaza through any 
     United Nations entity or office unless the President 
     certifies to the congressional committees referred to in 
     subsection (b) that such entity or office is not encouraging 
     or teaching anti-Israel or anti-Semitic ideas or propaganda.
                                 ______
                                 
  SA 1543. Mr. DURBIN (for himself, Mr. Padilla, Ms. Cortez Masto, Mr. 
Heinrich, Mr. Kaine, Mr. Warner, Ms. Baldwin, Mr. Booker, Mr. 
Hickenlooper, Ms. Hirono, Mr. Blumenthal, Mr. Peters, Ms. Duckworth, 
Mr. Sanders, Mr. Menendez, Mr. Bennet, Ms. Butler, Mr. Merkley, Ms. 
Warren, Mr. Brown, Mr. King, and Mr. Wyden) submitted an amendment 
intended to be proposed to amendment SA 1388 proposed by Mrs. Murray 
(for herself and Mr. Schumer) to the bill H.R. 815, to amend title 38, 
United States Code, to make certain improvements relating to the 
eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

                     DIVISION C--DREAM ACT OF 2024

     SEC. 4001. SHORT TITLE.

       This division may be cited as the ``Dream Act of 2024''.

     SEC. 4002. DEFINITIONS.

       In this division:
       (1) In general.--Except as otherwise specifically provided, 
     any term used in this division that is used in the 
     immigration laws shall have the meaning given such term in 
     the immigration laws.
       (2) DACA.--The term ``DACA'' means deferred action granted 
     to an alien pursuant to the Deferred Action for Childhood 
     Arrivals program announced by President Obama on June 15, 
     2012.
       (3) Disability.--The term ``disability'' has the meaning 
     given such term in section 3(1) of the Americans with 
     Disabilities Act of 1990 (42 U.S.C. 12102(1)).
       (4) Early childhood education program.--The term ``early 
     childhood education program'' has the meaning given such term 
     in section 103 of the Higher Education Act of 1965 (20 U.S.C. 
     1003).
       (5) Elementary school; high school; secondary school.--The 
     terms ``elementary school'', ``high school'', and ``secondary 
     school'' have the meanings given such terms in section 8101 
     of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 7801).
       (6) Immigration laws.--The term ``immigration laws'' has 
     the meaning given such term in section 101(a)(17) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
       (7) Institution of higher education.--The term 
     ``institution of higher education''--
       (A) except as provided in subparagraph (B), has the meaning 
     given such term in section 102 of the Higher Education Act of 
     1965 (20 U.S.C. 1002); and
       (B) does not include an institution of higher education 
     outside of the United States.
       (8) Permanent resident status on a conditional basis.--The 
     term ``permanent resident status on a conditional basis'' 
     means status as an alien lawfully admitted for permanent 
     residence on a conditional basis under this division.
       (9) Poverty line.--The term ``poverty line'' has the 
     meaning given such term in section 673 of the Community 
     Services Block Grant Act (42 U.S.C. 9902).
       (10) Secretary.--Except as otherwise specifically provided, 
     the term ``Secretary'' means the Secretary of Homeland 
     Security.
       (11) Uniformed services.--The term ``Uniformed Services'' 
     has the meaning given the term ``uniformed services'' in 
     section 101(a) of title 10, United States Code.

     SEC. 4003. PERMANENT RESIDENT STATUS ON A CONDITIONAL BASIS 
                   FOR CERTAIN LONG-TERM RESIDENTS WHO ENTERED THE 
                   UNITED STATES AS CHILDREN.

       (a) Conditional Basis for Status.--Notwithstanding any 
     other provision of law, an alien shall be considered, at the 
     time of obtaining the status of an alien lawfully admitted 
     for permanent residence under this section, to have obtained 
     such status on a conditional basis subject to the provisions 
     under this division.
       (b) Requirements.--
       (1) In general.--Notwithstanding any other provision of 
     law, the Secretary shall cancel the removal of, and adjust to 
     the status of an alien lawfully admitted for permanent 
     residence on a conditional basis, an alien who is 
     inadmissible or deportable from the United States or is in 
     temporary protected status under section 244 of the 
     Immigration and Nationality Act (8 U.S.C. 1254a), if--
       (A) the alien has been continuously physically present in 
     the United States since the date that is 4 years before the 
     date of the enactment of this Act;
       (B) the alien was younger than 18 years of age on the date 
     on which the alien initially entered the United States;
       (C) subject to paragraphs (2) and (3), the alien--

[[Page S725]]

       (i) is not inadmissible under paragraph (2), (3), (6)(E), 
     (6)(G), (8), (10)(A), (10)(C), or (10)(D) of section 212(a) 
     of the Immigration and Nationality Act (8 U.S.C. 1182(a));
       (ii) has not 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; and
       (iii) has not been convicted of--

       (I) any offense under Federal or State law, other than a 
     State offense for which an essential element is the alien's 
     immigration status, that is punishable by a maximum term of 
     imprisonment of more than 1 year; or
       (II) 3 or more offenses under Federal or State law, other 
     than State offenses for which an essential element is the 
     alien's immigration status, for which the alien was convicted 
     on different dates for each of the 3 offenses and imprisoned 
     for an aggregate of 90 days or more; and

       (D) the alien--
       (i) has been admitted to an institution of higher 
     education;
       (ii) has earned a high school diploma or a commensurate 
     alternative award from a public or private high school, or 
     has obtained a general education development certificate 
     recognized under State law or a high school equivalency 
     diploma in the United States; or
       (iii) is enrolled in secondary school or in an education 
     program assisting students in--

       (I) obtaining a regular high school diploma or its 
     recognized equivalent under State law; or
       (II) in passing a general educational development exam, a 
     high school equivalence diploma examination, or other similar 
     State-authorized exam.

       (2) Waiver.--With respect to any benefit under this 
     division, the Secretary may waive the grounds of 
     inadmissibility under paragraph (2), (6)(E), (6)(G), or 
     (10)(D) of section 212(a) of the Immigration and Nationality 
     Act (8 U.S.C. 1182(a)) for humanitarian purposes or family 
     unity or if the waiver is otherwise in the public interest.
       (3) Treatment of expunged convictions.--An expunged 
     conviction shall not automatically be treated as an offense 
     under paragraph (1). The Secretary shall evaluate expunged 
     convictions on a case-by-case basis according to the nature 
     and severity of the offense to determine whether, under the 
     particular circumstances, the Secretary determines that the 
     alien should be eligible for cancellation of removal, 
     adjustment to permanent resident status on a conditional 
     basis, or other adjustment of status.
       (4) DACA recipients.--The Secretary shall cancel the 
     removal of, and adjust to the status of an alien lawfully 
     admitted for permanent residence on a conditional basis, an 
     alien who was granted DACA unless the alien has engaged in 
     conduct since the alien was granted DACA that would make the 
     alien ineligible for DACA.
       (5) Application fee.--
       (A) In general.--The Secretary may require an alien 
     applying for permanent resident status on a conditional basis 
     under this section to pay a reasonable fee that is 
     commensurate with the cost of processing the application.
       (B) Exemption.--An applicant may be exempted from paying 
     the fee required under subparagraph (A) if the alien--
       (i)(I) is younger than 18 years of age;
       (II) received total income, during the 12-month period 
     immediately preceding the date on which the alien files an 
     application under this section, that is less than 150 percent 
     of the poverty line; and
       (III) is in foster care or otherwise lacking any parental 
     or other familial support;
       (ii) is younger than 18 years of age and is homeless;
       (iii)(I) cannot care for himself or herself because of a 
     serious, chronic disability; and
       (II) received total income, during the 12-month period 
     immediately preceding the date on which the alien files an 
     application under this section, that is less than 150 percent 
     of the poverty line; or
       (iv)(I) during the 12-month period immediately preceding 
     the date on which the alien files an application under this 
     section, accumulated $10,000 or more in debt as a result of 
     unreimbursed medical expenses incurred by the alien or an 
     immediate family member of the alien; and
       (II) received total income, during the 12-month period 
     immediately preceding the date on which the alien files an 
     application under this section, that is less than 150 percent 
     of the poverty line.
       (6) Submission of biometric and biographic data.--The 
     Secretary may not grant an alien permanent resident status on 
     a conditional basis under this section unless the alien 
     submits biometric and biographic data, in accordance with 
     procedures established by the Secretary. The Secretary shall 
     provide an alternative procedure for aliens who are unable to 
     provide such biometric or biographic data because of a 
     physical impairment.
       (7) Background checks.--
       (A) Requirement for background checks.--The Secretary shall 
     utilize biometric, biographic, and other data that the 
     Secretary determines appropriate--
       (i) to conduct security and law enforcement background 
     checks of an alien seeking permanent resident status on a 
     conditional basis under this section; and
       (ii) to determine whether there is any criminal, national 
     security, or other factor that would render the alien 
     ineligible for such status.
       (B) Completion of background checks.--The security and law 
     enforcement background checks of an alien required under 
     subparagraph (A) shall be completed, to the satisfaction of 
     the Secretary, before the date on which the Secretary grants 
     such alien permanent resident status on a conditional basis 
     under this section.
       (8) Medical examination.--
       (A) Requirement.--An alien applying for permanent resident 
     status on a conditional basis under this section shall 
     undergo a medical examination.
       (B) Policies and procedures.--The Secretary, with the 
     concurrence of the Secretary of Health and Human Services, 
     shall prescribe policies and procedures for the nature and 
     timing of the examination required under subparagraph (A).
       (9) Military selective service.--An alien applying for 
     permanent resident status on a conditional basis under this 
     section shall establish that the alien has registered under 
     the Military Selective Service Act (50 U.S.C. 3801 et seq.), 
     if the alien is subject to registration under such Act.
       (c) Determination of Continuous Presence.--
       (1) Termination of continuous period.--Any period of 
     continuous physical presence in the United States of an alien 
     who applies for permanent resident status on a conditional 
     basis under this section shall not terminate when the alien 
     is served a notice to appear under section 239(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1229(a)).
       (2) Treatment of certain breaks in presence.--
       (A) In general.--Except as provided in subparagraphs (B) 
     and (C), an alien shall be considered to have failed to 
     maintain continuous physical presence in the United States 
     under subsection (b)(1)(A) if the alien has departed from the 
     United States for any period exceeding 90 days or for any 
     periods, in the aggregate, exceeding 180 days.
       (B) Extensions for extenuating circumstances.--The 
     Secretary may extend the time periods described in 
     subparagraph (A) for an alien who demonstrates that the 
     failure to timely return to the United States was due to 
     extenuating circumstances beyond the alien's control, 
     including the serious illness of the alien, or death or 
     serious illness of a parent, grandparent, sibling, or child 
     of the alien.
       (C) Travel authorized by the secretary.--Any period of 
     travel outside of the United States by an alien that was 
     authorized by the Secretary may not be counted toward any 
     period of departure from the United States under subparagraph 
     (A).
       (d) Limitation on Removal of Certain Aliens.--
       (1) In general.--The Secretary or the Attorney General may 
     not remove an alien who appears prima facie eligible for 
     relief under this section.
       (2) Aliens subject to removal.--The Secretary shall provide 
     a reasonable opportunity to apply for relief under this 
     section to any alien who requests such an opportunity or who 
     appears prima facie eligible for relief under this section if 
     the alien is in removal proceedings, is the subject of a 
     final removal order, or is the subject of a voluntary 
     departure order.
       (3) Certain aliens enrolled in elementary or secondary 
     school.--
       (A) Stay of removal.--The Attorney General shall stay the 
     removal proceedings of an alien who--
       (i) meets all the requirements under subparagraphs (A), 
     (B), and (C) of subsection (b)(1), subject to paragraphs (2) 
     and (3) of such subsection;
       (ii) is at least 5 years of age; and
       (iii) is enrolled in an elementary school, a secondary 
     school, or an early childhood education program.
       (B) Commencement of removal proceedings.--The Secretary may 
     not commence removal proceedings for an alien described in 
     subparagraph (A).
       (C) Employment.--An alien whose removal is stayed pursuant 
     to subparagraph (A) or who may not be placed in removal 
     proceedings pursuant to subparagraph (B) shall, upon 
     application to the Secretary, be granted an employment 
     authorization document.
       (D) Lift of stay.--The Secretary or Attorney General may 
     not lift the stay granted to an alien under subparagraph (A) 
     unless the alien ceases to meet the requirements under such 
     subparagraph.
       (e) Exemption From Numerical Limitations.--Nothing in this 
     section or in any other law may be construed to apply a 
     numerical limitation on the number of aliens who may be 
     granted permanent resident status on a conditional basis 
     under this division.

     SEC. 4004. TERMS OF PERMANENT RESIDENT STATUS ON A 
                   CONDITIONAL BASIS.

       (a) Period of Status.--Permanent resident status on a 
     conditional basis is--
       (1) valid for a period of 8 years, unless such period is 
     extended by the Secretary; and
       (2) subject to termination under subsection (c).
       (b) Notice of Requirements.--At the time an alien obtains 
     permanent resident status on a conditional basis, the 
     Secretary shall provide notice to the alien regarding the 
     provisions of this division and the requirements to have the 
     conditional basis of such status removed.
       (c) Termination of Status.--The Secretary may terminate the 
     permanent resident status on a conditional basis of an alien 
     only if the Secretary--

[[Page S726]]

       (1) determines that the alien ceases to meet the 
     requirements under paragraph (1)(C) of section 4003(b), 
     subject to paragraphs (2) and (3) of that section; and
       (2) prior to the termination, provides the alien--
       (A) notice of the proposed termination; and
       (B) the opportunity for a hearing to provide evidence that 
     the alien meets such requirements or otherwise contest the 
     termination.
       (d) Return to Previous Immigration Status.--
       (1) In general.--Except as provided in paragraph (2), an 
     alien whose permanent resident status on a conditional basis 
     expires under subsection (a)(1) or is terminated under 
     subsection (c) or whose application for such status is denied 
     shall return to the immigration status that the alien had 
     immediately before receiving permanent resident status on a 
     conditional basis or applying for such status, as 
     appropriate.
       (2) Special rule for temporary protected status.--An alien 
     whose permanent resident status on a conditional basis 
     expires under subsection (a)(1) or is terminated under 
     subsection (c) or whose application for such status is denied 
     and who had temporary protected status under section 244 of 
     the Immigration and Nationality Act (8 U.S.C. 1254a) 
     immediately before receiving or applying for such permanent 
     resident status on a conditional basis, as appropriate, may 
     not return to such temporary protected status if--
       (A) the relevant designation under section 244(b) of the 
     Immigration and Nationality Act (8 U.S.C. 1254a(b)) has been 
     terminated; or
       (B) the Secretary determines that the reason for 
     terminating the permanent resident status on a conditional 
     basis renders the alien ineligible for such temporary 
     protected status.

     SEC. 4005. REMOVAL OF CONDITIONAL BASIS OF PERMANENT RESIDENT 
                   STATUS.

       (a) Eligibility for Removal of Conditional Basis.--
       (1) In general.--Subject to paragraph (2), the Secretary 
     shall remove the conditional basis of an alien's permanent 
     resident status granted under this division and grant the 
     alien status as an alien lawfully admitted for permanent 
     residence if the alien--
       (A) is described in paragraph (1)(C) of section 4003(b), 
     subject to paragraphs (2) and (3) of that section;
       (B) has not abandoned the alien's residence in the United 
     States; and
       (C)(i) has acquired a degree from an institution of higher 
     education or has completed at least 2 years, in good 
     standing, in a program for a bachelor's degree or higher 
     degree in the United States;
       (ii) has served in the Uniformed Services for at least 2 
     years and, if discharged, received an honorable discharge; or
       (iii) has been employed for periods totaling at least 3 
     years and at least 75 percent of the time that the alien has 
     had a valid employment authorization, except that any period 
     during which the alien is not employed while having a valid 
     employment authorization and is enrolled in an institution of 
     higher education, a secondary school, or an education program 
     described in section 4003(b)(1)(D)(iii), shall not count 
     toward the time requirements under this clause.
       (2) Hardship exception.--The Secretary shall remove the 
     conditional basis of an alien's permanent resident status and 
     grant the alien status as an alien lawfully admitted for 
     permanent residence if the alien--
       (A) satisfies the requirements under subparagraphs (A) and 
     (B) of paragraph (1);
       (B) demonstrates compelling circumstances for the inability 
     to satisfy the requirements under subparagraph (C) of such 
     paragraph; and
       (C) demonstrates that--
       (i) the alien has a disability;
       (ii) the alien is a full-time caregiver of a minor child; 
     or
       (iii) the removal of the alien from the United States would 
     result in extreme hardship to the alien or the alien's 
     spouse, parent, or child who is a national of the United 
     States or is lawfully admitted for permanent residence.
       (3) Citizenship requirement.--
       (A) In general.--Except as provided in subparagraph (B), 
     the conditional basis of an alien's permanent resident status 
     granted under this division may not be removed unless the 
     alien demonstrates that the alien satisfies the requirements 
     under section 312(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1423(a)).
       (B) Exception.--Subparagraph (A) shall not apply to an 
     alien who is unable to meet the requirements under such 
     section 312(a) due to disability.
       (4) Application fee.--
       (A) In general.--The Secretary may require aliens applying 
     for lawful permanent resident status under this section to 
     pay a reasonable fee that is commensurate with the cost of 
     processing the application.
       (B) Exemption.--An applicant may be exempted from paying 
     the fee required under subparagraph (A) if the alien--
       (i)(I) is younger than 18 years of age;
       (II) received total income, during the 12-month period 
     immediately preceding the date on which the alien files an 
     application under this section, that is less than 150 percent 
     of the poverty line; and
       (III) is in foster care or otherwise lacking any parental 
     or other familial support;
       (ii) is younger than 18 years of age and is homeless;
       (iii)(I) cannot care for himself or herself because of a 
     serious, chronic disability; and
       (II) received total income, during the 12-month period 
     immediately preceding the date on which the alien files an 
     application under this section, that is less than 150 percent 
     of the poverty line; or
       (iv)(I) during the 12-month period immediately preceding 
     the date on which the alien files an application under this 
     section, the alien accumulated $10,000 or more in debt as a 
     result of unreimbursed medical expenses incurred by the alien 
     or an immediate family member of the alien; and
       (II) received total income, during the 12-month period 
     immediately preceding the date on which the alien files an 
     application under this section, that is less than 150 percent 
     of the poverty line.
       (5) Submission of biometric and biographic data.--The 
     Secretary may not remove the conditional basis of an alien's 
     permanent resident status unless the alien submits biometric 
     and biographic data, in accordance with procedures 
     established by the Secretary. The Secretary shall provide an 
     alternative procedure for applicants who are unable to 
     provide such biometric data because of a physical impairment.
       (6) Background checks.--
       (A) Requirement for background checks.--The Secretary shall 
     utilize biometric, biographic, and other data that the 
     Secretary determines appropriate--
       (i) to conduct security and law enforcement background 
     checks of an alien applying for removal of the conditional 
     basis of the alien's permanent resident status; and
       (ii) to determine whether there is any criminal, national 
     security, or other factor that would render the alien 
     ineligible for removal of such conditional basis.
       (B) Completion of background checks.--The security and law 
     enforcement background checks of an alien required under 
     subparagraph (A) shall be completed, to the satisfaction of 
     the Secretary, before the date on which the Secretary removes 
     the conditional basis of the alien's permanent resident 
     status.
       (b) Treatment for Purposes of Naturalization.--
       (1) In general.--For purposes of title III of the 
     Immigration and Nationality Act (8 U.S.C. 1401 et seq.), an 
     alien granted permanent resident status on a conditional 
     basis shall be considered to have been admitted to the United 
     States, and be present in the United States, as an alien 
     lawfully admitted for permanent residence.
       (2) Limitation on application for naturalization.--An alien 
     may not apply for naturalization while the alien is in 
     permanent resident status on a conditional basis.

     SEC. 4006. DOCUMENTATION REQUIREMENTS.

       (a) Documents Establishing Identity.--An alien's 
     application for permanent resident status on a conditional 
     basis may include, as proof of identity--
       (1) a passport or national identity document from the 
     alien's country of origin that includes the alien's name and 
     the alien's photograph or fingerprint;
       (2) the alien's birth certificate and an identity card that 
     includes the alien's name and photograph;
       (3) a school identification card that includes the alien's 
     name and photograph, and school records showing the alien's 
     name and that the alien is or was enrolled at the school;
       (4) a Uniformed Services identification card issued by the 
     Department of Defense;
       (5) any immigration or other document issued by the United 
     States Government bearing the alien's name and photograph; or
       (6) a State-issued identification card bearing the alien's 
     name and photograph.
       (b) Documents Establishing Continuous Physical Presence in 
     the United States.--To establish that an alien has been 
     continuously physically present in the United States, as 
     required under section 4003(b)(1)(A), or to establish that an 
     alien has not abandoned residence in the United States, as 
     required under section 4005(a)(1)(B), the alien may submit 
     documents to the Secretary, including--
       (1) employment records that include the employer's name and 
     contact information;
       (2) records from any educational institution the alien has 
     attended in the United States;
       (3) records of service from the Uniformed Services;
       (4) official records from a religious entity confirming the 
     alien's participation in a religious ceremony;
       (5) passport entries;
       (6) a birth certificate for a child who was born in the 
     United States;
       (7) automobile license receipts or registration;
       (8) deeds, mortgages, or rental agreement contracts;
       (9) tax receipts;
       (10) insurance policies;
       (11) remittance records;
       (12) rent receipts or utility bills bearing the alien's 
     name or the name of an immediate family member of the alien, 
     and the alien's address;
       (13) copies of money order receipts for money sent in or 
     out of the United States;
       (14) dated bank transactions; or
       (15) 2 or more sworn affidavits from individuals who are 
     not related to the alien who have direct knowledge of the 
     alien's continuous physical presence in the United States, 
     that contain--
       (A) the name, address, and telephone number of the affiant; 
     and

[[Page S727]]

       (B) the nature and duration of the relationship between the 
     affiant and the alien.
       (c) Documents Establishing Initial Entry Into the United 
     States.--To establish under section 4003(b)(1)(B) that an 
     alien was younger than 18 years of age on the date on which 
     the alien initially entered the United States, an alien may 
     submit documents to the Secretary, including--
       (1) an admission stamp on the alien's passport;
       (2) records from any educational institution the alien has 
     attended in the United States;
       (3) any document from the Department of Justice or the 
     Department of Homeland Security stating the alien's date of 
     entry into the United States;
       (4) hospital or medical records showing medical treatment 
     or hospitalization, the name of the medical facility or 
     physician, and the date of the treatment or hospitalization;
       (5) rent receipts or utility bills bearing the alien's name 
     or the name of an immediate family member of the alien, and 
     the alien's address;
       (6) employment records that include the employer's name and 
     contact information;
       (7) official records from a religious entity confirming the 
     alien's participation in a religious ceremony;
       (8) a birth certificate for a child who was born in the 
     United States;
       (9) automobile license receipts or registration;
       (10) deeds, mortgages, or rental agreement contracts;
       (11) tax receipts;
       (12) travel records;
       (13) copies of money order receipts sent in or out of the 
     country;
       (14) dated bank transactions;
       (15) remittance records; or
       (16) insurance policies.
       (d) Documents Establishing Admission to an Institution of 
     Higher Education.--To establish that an alien has been 
     admitted to an institution of higher education, the alien 
     shall submit to the Secretary a document from the institution 
     of higher education certifying that the alien--
       (1) has been admitted to the institution; or
       (2) is currently enrolled in the institution as a student.
       (e) Documents Establishing Receipt of a Degree From an 
     Institution of Higher Education.--To establish that an alien 
     has acquired a degree from an institution of higher education 
     in the United States, the alien shall submit to the Secretary 
     a diploma or other document from the institution stating that 
     the alien has received such a degree.
       (f) Documents Establishing Receipt of High School Diploma, 
     General Educational Development Certificate, or a Recognized 
     Equivalent.--To establish that an alien has earned a high 
     school diploma or a commensurate alternative award from a 
     public or private high school, or has obtained a general 
     educational development certificate recognized under State 
     law or a high school equivalency diploma in the United 
     States, the alien shall submit to the Secretary--
       (1) a high school diploma, certificate of completion, or 
     other alternate award;
       (2) a high school equivalency diploma or certificate 
     recognized under State law; or
       (3) evidence that the alien passed a State-authorized exam, 
     including the general educational development exam, in the 
     United States.
       (g) Documents Establishing Enrollment in an Educational 
     Program.--To establish that an alien is enrolled in any 
     school or education program described in section 
     4003(b)(1)(D)(iii), 4003(d)(3)(A)(iii), or 4005(a)(1)(C), the 
     alien shall submit school records from the United States 
     school that the alien is currently attending that include--
       (1) the name of the school; and
       (2) the alien's name, periods of attendance, and current 
     grade or educational level.
       (h) Documents Establishing Exemption From Application 
     Fees.--To establish that an alien is exempt from an 
     application fee under section 4003(b)(5)(B) or 4005(a)(4)(B), 
     the alien shall submit to the Secretary the following 
     relevant documents:
       (1) Documents to establish age.--To establish that an alien 
     meets an age requirement, the alien shall provide proof of 
     identity, as described in subsection (a), that establishes 
     that the alien is younger than 18 years of age.
       (2) Documents to establish income.--To establish the 
     alien's income, the alien shall provide--
       (A) employment records that have been maintained by the 
     Social Security Administration, the Internal Revenue Service, 
     or any other Federal, State, or local government agency;
       (B) bank records; or
       (C) at least 2 sworn affidavits from individuals who are 
     not related to the alien and who have direct knowledge of the 
     alien's work and income that contain--
       (i) the name, address, and telephone number of the affiant; 
     and
       (ii) the nature and duration of the relationship between 
     the affiant and the alien.
       (3) Documents to establish foster care, lack of familial 
     support, homelessness, or serious, chronic disability.--To 
     establish that the alien was in foster care, lacks parental 
     or familial support, is homeless, or has a serious, chronic 
     disability, the alien shall provide at least 2 sworn 
     affidavits from individuals who are not related to the alien 
     and who have direct knowledge of the circumstances that 
     contain--
       (A) a statement that the alien is in foster care, otherwise 
     lacks any parental or other familiar support, is homeless, or 
     has a serious, chronic disability, as appropriate;
       (B) the name, address, and telephone number of the affiant; 
     and
       (C) the nature and duration of the relationship between the 
     affiant and the alien.
       (4) Documents to establish unpaid medical expense.--To 
     establish that the alien has debt as a result of unreimbursed 
     medical expenses, the alien shall provide receipts or other 
     documentation from a medical provider that--
       (A) bear the provider's name and address;
       (B) bear the name of the individual receiving treatment; 
     and
       (C) document that the alien has accumulated $10,000 or more 
     in debt in the past 12 months as a result of unreimbursed 
     medical expenses incurred by the alien or an immediate family 
     member of the alien.
       (i) Documents Establishing Qualification for Hardship 
     Exemption.--To establish that an alien satisfies one of the 
     criteria for the hardship exemption set forth in section 
     4005(a)(2)(C), the alien shall submit to the Secretary at 
     least 2 sworn affidavits from individuals who are not related 
     to the alien and who have direct knowledge of the 
     circumstances that warrant the exemption, that contain--
       (1) the name, address, and telephone number of the affiant; 
     and
       (2) the nature and duration of the relationship between the 
     affiant and the alien.
       (j) Documents Establishing Service in the Uniformed 
     Services.--To establish that an alien has served in the 
     Uniformed Services for at least 2 years and, if discharged, 
     received an honorable discharge, the alien shall submit to 
     the Secretary--
       (1) a Department of Defense form DD-214;
       (2) a National Guard Report of Separation and Record of 
     Service form 22;
       (3) personnel records for such service from the appropriate 
     Uniformed Service; or
       (4) health records from the appropriate Uniformed Service.
       (k) Documents Establishing Employment.--
       (1) In general.--An alien may satisfy the employment 
     requirement under section 4005(a)(1)(C)(iii) by submitting 
     records that--
       (A) establish compliance with such employment requirement; 
     and
       (B) have been maintained by the Social Security 
     Administration, the Internal Revenue Service, or any other 
     Federal, State, or local government agency.
       (2) Other documents.--An alien who is unable to submit the 
     records described in paragraph (1) may satisfy the employment 
     requirement by submitting at least 2 types of reliable 
     documents that provide evidence of employment, including--
       (A) bank records;
       (B) business records;
       (C) employer records;
       (D) records of a labor union, day labor center, or 
     organization that assists workers in employment;
       (E) sworn affidavits from individuals who are not related 
     to the alien and who have direct knowledge of the alien's 
     work, that contain--
       (i) the name, address, and telephone number of the affiant; 
     and
       (ii) the nature and duration of the relationship between 
     the affiant and the alien; and
       (F) remittance records.
       (l) Authority To Prohibit Use of Certain Documents.--If the 
     Secretary determines, after publication in the Federal 
     Register and an opportunity for public comment, that any 
     document or class of documents does not reliably establish 
     identity or that permanent resident status on a conditional 
     basis is being obtained fraudulently to an unacceptable 
     degree, the Secretary may prohibit or restrict the use of 
     such document or class of documents.

     SEC. 4007. RULEMAKING.

       (a) Initial Publication.--Not later than 90 days after the 
     date of the enactment of this Act, the Secretary shall 
     publish regulations implementing this division in the Federal 
     Register. Such regulations shall allow eligible individuals 
     to immediately apply affirmatively for the relief available 
     under section 4003 without being placed in removal 
     proceedings.
       (b) Interim Regulations.--Notwithstanding section 553 of 
     title 5, United States Code, the regulations published 
     pursuant to subsection (a) shall be effective, on an interim 
     basis, immediately upon publication in the Federal Register, 
     but may be subject to change and revision after public notice 
     and opportunity for a period of public comment.
       (c) Final Regulations.--Not later than 180 days after the 
     date on which interim regulations are published under this 
     section, the Secretary shall publish final regulations 
     implementing this division.
       (d) Paperwork Reduction Act.--The requirements under 
     chapter 35 of title 44, United States Code (commonly known as 
     the ``Paperwork Reduction Act''), shall not apply to any 
     action to implement this division.

     SEC. 4008. CONFIDENTIALITY OF INFORMATION.

       (a) In General.--The Secretary may not disclose or use 
     information provided in applications filed under this 
     division or in requests for DACA for the purpose of 
     immigration enforcement.

[[Page S728]]

       (b) Referrals Prohibited.--The Secretary may not refer any 
     individual who has been granted permanent resident status on 
     a conditional basis or who was granted DACA to U.S. 
     Immigration and Customs Enforcement, U.S. Customs and Border 
     Protection, or any designee of either such entity.
       (c) Limited Exception.--Notwithstanding subsections (a) and 
     (b), information provided in an application for permanent 
     resident status on a conditional basis or a request for DACA 
     may be shared with Federal security and law enforcement 
     agencies--
       (1) for assistance in the consideration of an application 
     for permanent resident status on a conditional basis;
       (2) to identify or prevent fraudulent claims;
       (3) for national security purposes; or
       (4) for the investigation or prosecution of any felony not 
     related to immigration status.
       (d) Penalty.--Any person who knowingly uses, publishes, or 
     permits information to be examined in violation of this 
     section shall be fined not more than $10,000.

     SEC. 4009. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY 
                   FOR PURPOSES OF HIGHER EDUCATION BENEFITS.

       (a) In General.--Section 505 of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1623) is repealed.
       (b) Effective Date.--The repeal under subsection (a) shall 
     take effect as if included in the original enactment of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996 (division C of Public Law 104-208; 110 Stat. 3009-
     546).
                                 ______
                                 
  SA 1544. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 1388 proposed by Mrs. Murray (for herself and Mr. Schumer) 
to the bill H.R. 815, to amend title 38, United States Code, to make 
certain improvements relating to the eligibility of veterans to receive 
reimbursement for emergency treatment furnished through the Veterans 
Community Care program, and for other purposes; which was ordered to 
lie on the table; as follows:

        At the appropriate place, insert the following:
       Sec. __.  None of the amounts appropriated or otherwise 
     made available for ``International Disaster Assistance,'' 
     ``Migration and Refugee Assistance,'' ``International 
     Narcotics Control and Law Enforcement,'' or ``International 
     Development Association'' may be made available for 
     assistance to Gaza.
                                 ______
                                 
  SA 1545. Mr. RUBIO submitted an amendment intended to be proposed by 
him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __. (a) Notwithstanding any other provision of law, 
     beginning on the date of the enactment of this Act, the 
     Secretary of Homeland Security may not admit any alien into 
     the United States at any point along the international border 
     (including ports of entry) unless such alien is in possession 
     of a valid visa authorizing such entry.
       (b) The Secretary of Homeland Security may not waive the 
     limitation described in subsection (a).
       (c) If the Secretary of Homeland Security determines that 
     U.S. Customs and Border Protection has full operational 
     control (as defined in section 2(b) of the Secure Fence Act 
     of 2006 (Public Law 109-367; 8 U.S.C. 1701 note)) of the 
     northern and southern land borders of the United States, the 
     Secretary shall submit a request to Congress. If such request 
     is approved by an Act of Congress, the limitation described 
     in subsection (a) shall no longer have any force or effect.
                                 ______
                                 
  SA 1546. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 1388 proposed by Mrs. Murray (for herself and Mr. Schumer) 
to the bill H.R. 815, to amend title 38, United States Code, to make 
certain improvements relating to the eligibility of veterans to receive 
reimbursement for emergency treatment furnished through the Veterans 
Community Care program, and for other purposes; which was ordered to 
lie on the table; as follows:

        At the appropriate place, insert the following:

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

       Section 235(b)(1)(B) of the Immigration and Nationality Act 
     (8 U.S.C. 1225(b)(1)(B)) is amended--
       (1) in clause (v), by striking ``significant possibility'' 
     and inserting ``reasonable possibility''; and
       (2) by adding at the end, the following:
       ``(vi) Asylum exceptions.--An asylum officer, during the 
     credible fear screening of an alien--

       ``(I) shall determine whether any of the asylum exceptions 
     under section 208(b)(2) disqualify the alien from receiving 
     asylum; and
       ``(II) may determine that the alien does not meet the 
     definition of credible fear of persecution under clause (v) 
     if any such exceptions apply, including whether any such 
     exemptions to such disqualifying exceptions may apply.''.

     SEC. ____. INTERNAL RELOCATION.

       (a) In General.--Section 208(b)(2)(A) of the Immigration 
     and Nationality Act (8 U.S.C. 1158(b)(2)(A)) is amended--
       (1) in clause (v), by striking ``or'' at the end;
       (2) in clause (vi), by striking the period at the end and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(vii) there are reasonable grounds for concluding that 
     the alien could avoid persecution by relocating to--

       ``(I) another location in the alien's country of 
     nationality; or
       ``(II) in the case of an alien having no nationality, 
     another location in the alien's country of last habitual 
     residence.''.

       (b) Inapplicability.--Section 244(c)(2)(B)(ii) of the 
     Immigration and Nationality Act (8 U.S.C. 1254a(c)(2)(B)(ii)) 
     is amended by inserting ``clauses (i) through (vi) of'' after 
     ``described in''.

     SEC. ___. 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;
       ``(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. ___. TRAVEL THROUGH CONTIGUOUS COUNTRY.

       Section 208(b)(2)(A) of the Immigration and Nationality Act 
     (8 U.S.C. 1158(b)(2)(A)) is amended--
       (1) in clause (v), by striking ``; or'' and inserting a 
     semicolon;
       (2) in clause (vi), by striking the period and inserting 
     ``; or''; and
       (3) by adding at the end the following:
       ``(vii)(I) the alien has traveled through a country that is 
     contiguous to the United States immediately before arriving 
     at a port of entry of, or otherwise entering, the United 
     States; and
       ``(II) did not apply for asylum in such country.''.
                                 ______
                                 
  SA 1547. Mrs. BLACKBURN submitted an amendment intended to be 
proposed to amendment SA 1388 proposed by Mrs. Murray (for herself and 
Mr. Schumer) to the bill H.R. 815, to amend title 38, United States 
Code, to make certain improvements relating to the eligibility of 
veterans to receive reimbursement for emergency treatment furnished 
through the Veterans Community Care program, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  Notwithstanding any other provision of law, no 
     portion of the physical barrier situated at or near the 
     international land border between the United States and

[[Page S729]]

     Mexico that is owned by the Federal Government as of the date 
     of the enactment of this Act may be sold or removed.
                                 ______
                                 
  SA 1548. Mrs. BLACKBURN submitted an amendment intended to be 
proposed to amendment SA 1388 proposed by Mrs. Murray (for herself and 
Mr. Schumer) to the bill H.R. 815, to amend title 38, United States 
Code, to make certain improvements relating to the eligibility of 
veterans to receive reimbursement for emergency treatment furnished 
through the Veterans Community Care program, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. MANDATORY IMPLEMENTATION OF THE MIGRANT PROTECTION 
                   PROTOCOLS.

       Section 235(b)(2)(C) of the Immigration and Nationality Act 
     (8 U.S.C. 1225(b)(2)(C)) is amended by striking ``may'' and 
     inserting ``shall''.
                                 ______
                                 
  SA 1549. Mrs. BLACKBURN submitted an amendment intended to be 
proposed to amendment SA 1388 proposed by Mrs. Murray (for herself and 
Mr. Schumer) to the bill H.R. 815, to amend title 38, United States 
Code, to make certain improvements relating to the eligibility of 
veterans to receive reimbursement for emergency treatment furnished 
through the Veterans Community Care program, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PRINTS ACT.

       (a) Short Titles.--This section may be cited as the 
     ``Preventing the Recycling of Immigrants is Necessary for 
     Trafficking Suspension Act'' or the ``PRINTS Act''.
       (b) Authorization of Fingerprinting of Noncitizen Children 
     Entering the United States to Reduce Child Trafficking.--
     Section 262(c) of the Immigration and Nationality Act (8 
     U.S.C. 1302(c)) is amended to read as follows:
       ``(c) The Secretary of Homeland Security, working through 
     U.S. Customs and Border Protection, in order to reduce the 
     number of children who are trafficked into the United States, 
     shall obtain a set of fingerprints from any alien younger 
     than 14 years of age who is entering the United States if a 
     U.S. Customs and Border Protection officer suspects that such 
     child is a victim of human trafficking, in accordance with 
     the standards established pursuant to the Trafficking Victims 
     Protection Act of 2000 (34 U.S.C. 7101 et seq.).''.
       (c) Criminalizing Recycling of Minors.--
       (1) In general.--Chapter 69 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1430. Recycling of minors

       ``(a) In General.--Any person 18 years of age or older who 
     knowingly uses, for the purpose of gaining entry into the 
     United States, a minor to whom the individual is not a 
     relative or guardian, shall be fined under this title, 
     imprisoned not more than 10 years, or both.
       ``(b) Relative.--In this section, the term `relative' means 
     an individual related by consanguinity within the second 
     degree, as determined by common law.''.
       (2) Clerical amendment.--The table of sections for chapter 
     69 of title 18, United States Code, is amended by adding at 
     the end the following:

       ``1430. Recycling of minors.''.
       (d) Information Sharing.--With respect to any unaccompanied 
     alien child (as defined in section 462(g) of the Homeland 
     Security Act of 2002 (6 U.S.C. 279(g))) who is transferred 
     from the custody of the Secretary of Homeland Security to the 
     custody of the Secretary of Health and Human Services, the 
     Secretary of Homeland Security shall, on request, share with 
     the Secretary of Health and Human Services the fingerprints 
     collected under section 262(c) of the Immigration and 
     Nationality Act, as added by subsection (b).
       (e) Reports.--
       (1) Annual report to congress.--The Secretary of Homeland 
     Security shall submit an annual report to Congress that 
     identifies the number of minors who were fingerprinted during 
     the most recently completed fiscal year pursuant to the 
     authority granted under section 262(c) of the Immigration and 
     Nationality Act, as added by subsection (b).
       (2) Online publication.--The Secretary of Homeland Security 
     shall post, on a monthly basis on a publicly accessible U.S. 
     Customs and Border Protection website, the number of 
     apprehensions during the previous month involving child 
     traffickers who falsely claimed that a child accompanying 
     them into the United States was a close relative.
                                 ______
                                 
  SA 1550. Ms. KLOBUCHAR (for herself, Mr. Moran, Mr. Coons, Mr. 
Wicker, Mr. Blumenthal, Mr. Cassidy, Mrs. Shaheen, Mr. Tillis, Mr. 
King, Mr. Mullin, Ms. Murkowski, Mr. Crapo, Mr. Graham, Mr. Rounds, 
Mrs. Capito, Mr. Reed, and Mr. Durbin) submitted an amendment intended 
to be proposed to amendment SA 1388 proposed by Mrs. Murray (for 
herself and Mr. Schumer) to the bill H.R. 815, to amend title 38, 
United States Code, to make certain improvements relating to the 
eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the end, add the following:

            DIVISION C--FULFILLING PROMISES TO AFGHAN ALLIES

     SEC. 4101. DEFINITIONS.

       In this division:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on the Judiciary of the Senate;
       (B) the Committee on Foreign Relations of the Senate;
       (C) the Committee on Armed Services of the Senate;
       (D) the Committee on Appropriations of the Senate;
       (E) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (F) the Committee on the Judiciary of the House of 
     Representatives;
       (G) the Committee on Foreign Affairs of the House of 
     Representatives;
       (H) the Committee on Armed Services of the House of 
     Representatives;
       (I) the Committee on Appropriations of the House of 
     Representatives; and
       (J) the Committee on Homeland Security of the House of 
     Representatives.
       (2) Immigration laws.--The term ``immigration laws'' has 
     the meaning given such term in section 101(a)(17) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (4) Special immigrant status.--The term ``special immigrant 
     status'' means special immigrant status provided under--
       (A) the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 
     note; Public Law 111-8);
       (B) section 1059 of the National Defense Authorization Act 
     for Fiscal Year 2006 (8 U.S.C. 1101 note; Public Law 109-
     163); or
       (C) subparagraph (N) of section 101(a)(27) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(27)), as 
     added by section 4106(a).
       (5) Specified application.--The term ``specified 
     application'' means--
       (A) a pending, documentarily complete application for 
     special immigrant status; and
       (B) a case in processing in the United States Refugee 
     Admissions Program for an individual who has received a 
     Priority 1 or Priority 2 referral to such program.
       (6) United states refugee admissions program.--The term 
     ``United States Refugee Admissions Program'' means the 
     program to resettle refugees in the United States pursuant to 
     the authorities provided in sections 101(a)(42), 207, and 412 
     of the Immigration and Nationality Act (8 U.S.C. 1101(a)(42), 
     1157, and 1522).

     SEC. 4102. SUPPORT FOR AFGHAN ALLIES OUTSIDE THE UNITED 
                   STATES.

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

     SEC. 4103. CONDITIONAL PERMANENT RESIDENT STATUS FOR ELIGIBLE 
                   INDIVIDUALS.

       (a) Definitions.--In this section:
       (1) Conditional permanent resident status.--The term 
     ``conditional permanent resident status'' means conditional 
     permanent resident status under section 216 and 216A of the 
     Immigration and Nationality Act (8 U.S.C. 1186a, 1186b), 
     subject to the provisions of this section.
       (2) Eligible individual.--The term ``eligible individual'' 
     means an alien who--
       (A) is present in the United States;
       (B) is a citizen or national of Afghanistan or, in the case 
     of an alien having no nationality, is a person who last 
     habitually resided in Afghanistan;
       (C) has not been granted permanent resident status;
       (D)(i) was inspected and admitted to the United States on 
     or before the date of the enactment of this Act; or
       (ii) was paroled into the United States during the period 
     beginning on July 30, 2021, and ending on the date of the 
     enactment of this Act, provided that--
       (I) such parole has not been terminated by the Secretary 
     upon written notice; and

[[Page S730]]

       (II) the alien did not enter the United States at a 
     location between ports of entry along the southwest land 
     border; and
       (E) is admissible to the United States as an immigrant 
     under the applicable immigration laws, including eligibility 
     for waivers of grounds of inadmissibility to the extent 
     provided by the immigration laws and the terms of this 
     section.
       (b) Conditional Permanent Resident Status for Eligible 
     Individuals.--
       (1) Adjustment of status to conditional permanent resident 
     status.--Beginning on the date of the enactment of this Act, 
     the Secretary--
       (A) may adjust the status of each eligible individual to 
     that of an alien lawfully admitted for permanent residence 
     status, subject to the procedures established by the 
     Secretary to determine eligibility for conditional permanent 
     resident status; and
       (B) shall create for each eligible individual who is 
     granted adjustment of status under this section a record of 
     admission to such status as of the date on which the eligible 
     individual was initially inspected and admitted or paroled 
     into the United States, or July 30, 2021, whichever is later,
       unless the Secretary determines, on a case-by-case basis, 
     that such individual is inadmissible under any ground of 
     inadmissibility under section 212 (other than subsection 
     (a)(4)) of the Immigration and Nationality Act (8 U.S.C. 
     1182) and is not eligible for a waiver of such grounds of 
     inadmissibility as provided by this division or by the 
     immigration laws.
       (2) Conditional basis.--An individual who obtains lawful 
     permanent resident status under this section shall be 
     considered, at the time of obtaining the status of an alien 
     lawfully admitted for permanent residence, to have obtained 
     such status on a conditional basis subject to the provisions 
     of this section.
       (c) Conditional Permanent Resident Status Described.--
       (1) Assessment.--
       (A) In general.--Before granting conditional permanent 
     resident status to an eligible individual under subsection 
     (b)(1), the Secretary shall conduct an assessment with 
     respect to the eligible individual, which shall be equivalent 
     in rigor to the assessment conducted with respect to refugees 
     admitted to the United States through the United States 
     Refugee Admissions Program, for the purpose of determining 
     whether the eligible individual is inadmissible under any 
     ground of inadmissibility under section 212 (other than 
     subsection (a)(4)) of the Immigration and Nationality Act (8 
     U.S.C. 1182) and is not eligible for a waiver of such grounds 
     of inadmissibility under paragraph (2)(C) or the immigration 
     laws.
       (B) Consultation.--In conducting an assessment under 
     subparagraph (A), the Secretary may consult with the head of 
     any other relevant agency and review the holdings of any such 
     agency.
       (2) Removal of conditions.--
       (A) In general.--Not earlier than the date described in 
     subparagraph (B), the Secretary may remove the conditional 
     basis of the status of an individual granted conditional 
     permanent resident status under this section unless the 
     Secretary determines, on a case-by-case basis, that such 
     individual is inadmissible under any ground of 
     inadmissibility under paragraph (2) or (3) of section 212(a) 
     of the Immigration and Nationality Act (8 U.S.C. 1182(a)), 
     and is not eligible for a waiver of such grounds of 
     inadmissibility under subparagraph (C) or the immigration 
     laws.
       (B) Date described.--The date described in this 
     subparagraph is the earlier of--
       (i) the date that is 4 years after the date on which the 
     individual was admitted or paroled into the United States; or
       (ii) July 1, 2027.
       (C) Waiver.--
       (i) In general.--Except as provided in clause (ii), to 
     determine eligibility for conditional permanent resident 
     status under subsection (b) or removal of conditions under 
     this paragraph, the Secretary may waive the application of 
     the grounds of inadmissibility under 212(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)) for 
     humanitarian purposes or to ensure family unity.
       (ii) Exceptions.--The Secretary may not waive under clause 
     (i) the application of subparagraphs (C) through (E) and (G) 
     through (H) of paragraph (2), or paragraph (3), of section 
     212(a) of the Immigration and Nationality Act (8 U.S.C. 
     1182(a)).
       (iii) Rule of construction.--Nothing in this subparagraph 
     may be construed to expand or limit any other waiver 
     authority applicable under the immigration laws to an 
     individual who is otherwise eligible for adjustment of 
     status.
       (D) Timeline.--Not later than 180 days after the date 
     described in subparagraph (B), the Secretary shall, to the 
     greatest extent practicable, remove conditions as to all 
     individuals granted conditional permanent resident status 
     under this section who are eligible for removal of 
     conditions.
       (3) Treatment of conditional basis of status period for 
     purposes of naturalization.--An individual in conditional 
     permanent resident status under this section shall be 
     considered--
       (A) to have been admitted to the United States as an alien 
     lawfully admitted for permanent residence; and
       (B) to be present in the United States as an alien lawfully 
     admitted to the United States for permanent residence, 
     provided that, no alien granted conditional permanent 
     resident status shall be naturalized unless the alien's 
     conditions have been removed under this section.
       (d) Termination of Conditional Permanent Resident Status.--
     Conditional permanent resident status shall terminate on, as 
     applicable--
       (1) the date on which the Secretary removes the conditions 
     pursuant to subsection (c)(2), on which date the alien shall 
     be lawfully admitted for permanent residence without 
     conditions;
       (2) the date on which the Secretary determines that the 
     alien was not an eligible individual under subsection (a)(2) 
     as of the date that such conditional permanent resident 
     status was granted, on which date of the Secretary's 
     determination the alien shall no longer be an alien lawfully 
     admitted for permanent residence; or
       (3) the date on which the Secretary determines pursuant to 
     subsection (c)(2) that the alien is not eligible for removal 
     of conditions, on which date the alien shall no longer be an 
     alien lawfully admitted for permanent residence.
       (e) Rule of Construction.--Nothing in this section shall be 
     construed to limit the authority of the Secretary at any time 
     to place in removal proceedings under section 240 of the 
     Immigration and Nationality Act (8 U.S.C. 1229a) any alien 
     who has conditional permanent resident status under this 
     section, if the alien is deportable under section 237 of such 
     Act (8 U.S.C. 1227) under a ground of deportability 
     applicable to an alien who has been lawfully admitted for 
     permanent residence.
       (f) Parole Expiration Tolled.--The expiration date of a 
     period of parole shall not apply to an individual under 
     consideration for conditional permanent resident status under 
     this section, until such time as the Secretary has determined 
     whether to issue conditional permanent resident status.
       (g) Periodic Nonadversarial Meetings.--
       (1) In general.--Not later than 180 days after the date on 
     which an individual is conferred conditional permanent 
     resident status under this section, and periodically 
     thereafter, the Office of Refugee Resettlement shall make 
     available opportunities for the individual to participate in 
     a nonadversarial meeting, during which an official of the 
     Office of Refugee Resettlement (or an agency funded by the 
     Office) shall--
       (A) on request by the individual, assist the individual in 
     a referral or application for applicable benefits 
     administered by the Department of Health and Human Services 
     and completing any applicable paperwork; and
       (B) answer any questions regarding eligibility for other 
     benefits administered by the United States Government.
       (2) Notification of requirements.--Not later than 7 days 
     before the date on which a meeting under paragraph (1) is 
     scheduled to occur, the Secretary of Health and Human 
     Services shall provide notice to the individual that includes 
     the date of the scheduled meeting and a description of the 
     process for rescheduling the meeting.
       (3) Conduct of meeting.--The Secretary of Health and Human 
     Services shall implement practices to ensure that--
       (A) meetings under paragraph (1) are conducted in a 
     nonadversarial manner; and
       (B) interpretation and translation services are provided to 
     individuals granted conditional permanent resident status 
     under this section who have limited English proficiency.
       (4) Rules of construction.--Nothing in this subsection 
     shall be construed--
       (A) to prevent an individual from electing to have counsel 
     present during a meeting under paragraph (1); or
       (B) in the event that an individual declines to participate 
     in such a meeting, to affect the individual's conditional 
     permanent resident status under this section or eligibility 
     to have conditions removed in accordance with this section.
       (h) Consideration.--Except with respect to an application 
     for naturalization and the benefits described in subsection 
     (p), an individual in conditional permanent resident status 
     under this section shall be considered to be an alien 
     lawfully admitted for permanent residence for purposes of the 
     adjudication of an application or petition for a benefit or 
     the receipt of a benefit.
       (i) Notification of Requirements.--Not later than 90 days 
     after the date on which the status of an individual is 
     adjusted to that of conditional permanent resident status 
     under this section, the Secretary shall provide notice to 
     such individual with respect to the provisions of this 
     section, including subsection (c)(1) (relating to the conduct 
     of assessments) and subsection (g) (relating to periodic 
     nonadversarial meetings).
       (j) Application for Naturalization.--The Secretary shall 
     establish procedures whereby an individual who would 
     otherwise be eligible to apply for naturalization but for 
     having conditional permanent resident status, may be 
     considered for naturalization coincident with removal of 
     conditions under subsection (c)(2).
       (k) Adjustment of Status Date.--
       (1) In general.--An alien described in paragraph (2) shall 
     be regarded as lawfully admitted for permanent residence as 
     of the date the alien was initially inspected and admitted or 
     paroled into the United States, or July 30, 2021, whichever 
     is later.
       (2) Alien described.--An alien described in this paragraph 
     is an alien who--
       (A) is described in subparagraph (A), (B), or (D) of 
     subsection (a)(2), and whose status was

[[Page S731]]

     adjusted to that of an alien lawfully admitted for permanent 
     residence on or after July 30, 2021, but on or before the 
     date of the enactment of this Act; or
       (B) is an eligible individual whose status is then adjusted 
     to that of an alien lawfully admitted for permanent residence 
     after the date of the enactment of this Act under any 
     provision of the immigration laws other than this section.
       (l) Parents and Legal Guardians of Unaccompanied 
     Children.--A parent or legal guardian of an eligible 
     individual shall be eligible to obtain status as an alien 
     lawfully admitted for permanent residence on a conditional 
     basis if--
       (1) the eligible individual--
       (A) was under 18 years of age on the date on which the 
     eligible individual was granted conditional permanent 
     resident status under this section; and
       (B) was not accompanied by at least one parent or guardian 
     on the date the eligible individual was admitted or paroled 
     into the United States; and
       (2) such parent or legal guardian was admitted or paroled 
     into the United States after the date referred to in 
     paragraph (1)(B).
       (m) Guidance.--
       (1) Interim guidance.--
       (A) In general.--Not later than 120 days after the date of 
     the enactment of this Act, the Secretary shall issue guidance 
     implementing this section.
       (B) Publication.--Notwithstanding section 553 of title 5, 
     United States Code, guidance issued pursuant to subparagraph 
     (A)--
       (i) may be published on the internet website of the 
     Department of Homeland Security; and
       (ii) shall be effective on an interim basis immediately 
     upon such publication but may be subject to change and 
     revision after notice and an opportunity for public comment.
       (2) Final guidance.--
       (A) In general.--Not later than 180 days after the date of 
     issuance of guidance under paragraph (1), the Secretary shall 
     finalize the guidance implementing this section.
       (B) Exemption from the administrative procedures act.--
     Chapter 5 of title 5, United States Code (commonly known as 
     the ``Administrative Procedures Act''), or any other law 
     relating to rulemaking or information collection, shall not 
     apply to the guidance issued under this paragraph.
       (n) Asylum Claims.--
       (1) In general.--With respect to the adjudication of an 
     application for asylum submitted by an eligible individual, 
     section 2502(c) of the Extending Government Funding and 
     Delivering Emergency Assistance Act (8 U.S.C. 1101 note; 
     Public Law 117-43) shall not apply.
       (2) Rule of construction.--Nothing in this section may be 
     construed to prohibit an eligible individual from seeking or 
     receiving asylum under section 208 of the Immigration and 
     Nationality Act (8 U.S.C. 1158).
       (o) Prohibition on Fees.--The Secretary may not charge a 
     fee to any eligible individual in connection with the initial 
     issuance under this section of--
       (1) a document evidencing status as an alien lawfully 
     admitted for permanent residence or conditional permanent 
     resident status; or
       (2) an employment authorization document.
       (p) Eligibility for Benefits.--
       (1) In general.--Notwithstanding any other provision of 
     law--
       (A) an individual described in subsection (a) of section 
     2502 of the Afghanistan Supplemental Appropriations Act, 2022 
     (8 U.S.C. 1101 note; Public Law 117-43) shall retain his or 
     her eligibility for the benefits and services described in 
     subsection (b) of such section if the individual is under 
     consideration for, or is granted, adjustment of status under 
     this section; and
       (B) such benefits and services shall remain available to 
     the individual to the same extent and for the same periods of 
     time as such benefits and services are otherwise available to 
     refugees who acquire such status.
       (2) Exception from 5-year limited eligibility for means-
     tested public benefits.--Section 403(b)(1) of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996 (8 U.S.C. 1613(b)(1)) is amended by adding at the end 
     the following:
       ``(F) An alien whose status is adjusted under section 4103 
     of the National Security Act, 2024 to that of an alien 
     lawfully admitted for permanent residence or to that of an 
     alien lawfully admitted for permanent residence on a 
     conditional basis.''.
       (q) Rule of Construction.--Nothing in this section may be 
     construed to preclude an eligible individual from applying 
     for or receiving any immigration benefit to which the 
     individual is otherwise entitled.
       (r) Exemption From Numerical Limitations.--
       (1) In general.--Aliens granted conditional permanent 
     resident status or lawful permanent resident status under 
     this section shall not be subject to the numerical 
     limitations under sections 201, 202, and 203 of the 
     Immigration and Nationality Act (8 U.S.C. 1151, 1152, and 
     1153).
       (2) Spouse and children beneficiaries.--A spouse or child 
     who is the beneficiary of an immigrant petition under section 
     204 of the Immigration and Nationality Act (8 U.S.C. 1154) 
     filed by an alien who has been granted conditional permanent 
     resident status or lawful permanent resident status under 
     this section, seeking classification of the spouse or child 
     under section 203(a)(2)(A) of that Act (8 U.S.C. 
     1153(a)(2)(A)) shall not be subject to the numerical 
     limitations under sections 201, 202, and 203 of the 
     Immigration and Nationality Act (8 U.S.C. 1151, 1152, and 
     1153).
       (s) Effect on Other Applications.--Notwithstanding any 
     other provision of law, in the interest of efficiency, the 
     Secretary may pause consideration of any application or 
     request for an immigration benefit pending adjudication so as 
     to prioritize consideration of adjustment of status to an 
     alien lawfully admitted for permanent residence on a 
     conditional basis under this section.
       (t) Authorization for Appropriations.--There is authorized 
     to be appropriated to the Attorney General, the Secretary of 
     Health and Human Services, the Secretary, and the Secretary 
     of State such sums as are necessary to carry out this 
     section.

     SEC. 4104. REFUGEE PROCESSES FOR CERTAIN AT-RISK AFGHAN 
                   ALLIES.

       (a) Definition of Afghan Ally.--
       (1) In general.--In this section, the term ``Afghan ally'' 
     means an alien who is a citizen or national of Afghanistan, 
     or in the case of an alien having no nationality, an alien 
     who last habitually resided in Afghanistan, who--
       (A) was--
       (i) a member of--

       (I) the special operations forces of the Afghanistan 
     National Defense and Security Forces;
       (II) the Afghanistan National Army Special Operations 
     Command;
       (III) the Afghan Air Force; or
       (IV) the Special Mission Wing of Afghanistan;

       (ii) a female member of any other entity of the Afghanistan 
     National Defense and Security Forces, including--

       (I) a cadet or instructor at the Afghanistan National 
     Defense University; and
       (II) a civilian employee of the Ministry of Defense or the 
     Ministry of Interior Affairs;

       (iii) an individual associated with former Afghan military 
     and police human intelligence activities, including operators 
     and Department of Defense sources;
       (iv) an individual associated with former Afghan military 
     counterintelligence, counterterrorism, or counternarcotics;
       (v) an individual associated with the former Afghan 
     Ministry of Defense, Ministry of Interior Affairs, or court 
     system, and who was involved in the investigation, 
     prosecution or detention of combatants or members of the 
     Taliban or criminal networks affiliated with the Taliban;
       (vi) an individual employed in the former justice sector in 
     Afghanistan as a judge, prosecutor, or investigator who was 
     engaged in rule of law activities for which the United States 
     provided funding or training; or
       (vii) a senior military officer, senior enlisted personnel, 
     or civilian official who served on the staff of the former 
     Ministry of Defense or the former Ministry of Interior 
     Affairs of Afghanistan; or
       (B) provided service to an entity or organization described 
     in subparagraph (A) for not less than 1 year during the 
     period beginning on December 22, 2001, and ending on 
     September 1, 2021, and did so in support of the United States 
     mission in Afghanistan.
       (2) Inclusions.--For purposes of this section, the 
     Afghanistan National Defense and Security Forces includes 
     members of the security forces under the Ministry of Defense 
     and the Ministry of Interior Affairs of the Islamic Republic 
     of Afghanistan, including the Afghanistan National Army, the 
     Afghan Air Force, the Afghanistan National Police, and any 
     other entity designated by the Secretary of Defense as part 
     of the Afghanistan National Defense and Security Forces 
     during the relevant period of service of the applicant 
     concerned.
       (b) Refugee Status for Afghan Allies.--
       (1) Designation as refugees of special humanitarian 
     concern.--Afghan allies shall be considered refugees of 
     special humanitarian concern under section 207 of the 
     Immigration and Nationality Act (8 U.S.C. 1157), until the 
     later of 10 years after the date of enactment of this Act or 
     upon determination by the Secretary of State, in consultation 
     with the Secretary of Defense and the Secretary, that such 
     designation is no longer in the interest of the United 
     States.
       (2) Third country presence not required.--Notwithstanding 
     section 101(a)(42) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(42)), the Secretary of State and the Secretary 
     shall, to the greatest extent possible, conduct remote 
     refugee processing for an Afghan ally located in Afghanistan.
       (c) Afghan Allies Referral Program.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act--
       (A) the Secretary of Defense, in consultation with the 
     Secretary of State, shall establish a process by which an 
     individual may apply to the Secretary of Defense for 
     classification as an Afghan ally and request a referral to 
     the United States Refugee Admissions Program; and
       (B) the head of any appropriate department or agency that 
     conducted operations in Afghanistan during the period 
     beginning on December 22, 2001, and ending on September 1, 
     2021, in consultation with the Secretary of State, may 
     establish a process by which an individual may apply to the 
     head of the appropriate department or agency for 
     classification as an Afghan ally and request a referral to 
     the United States Refugee Admissions Program.
       (2) Application system.--
       (A) In general.--The process established under paragraph 
     (1) shall--
       (i) include the development and maintenance of a secure 
     online portal through

[[Page S732]]

     which applicants may provide information verifying their 
     status as Afghan allies and upload supporting documentation; 
     and
       (ii) allow--

       (I) an applicant to submit his or her own application;
       (II) a designee of an applicant to submit an application on 
     behalf of the applicant; and
       (III) in the case of an applicant who is outside the United 
     States, the submission of an application regardless of where 
     the applicant is located.

       (B) Use by other agencies.--The Secretary of Defense--
       (i) may enter into arrangements with the head of any other 
     appropriate department or agency so as to allow the 
     application system established under subparagraph (A) to be 
     used by such department or agency; and
       (ii) shall notify the Secretary of State of any such 
     arrangement.
       (3) Review process.--As soon as practicable after receiving 
     a request for classification and referral described in 
     paragraph (1), the head of the appropriate department or 
     agency shall--
       (A) review--
       (i) the service record of the applicant, if available;
       (ii) if the applicant provides a service record or other 
     supporting documentation, any information that helps verify 
     the service record concerned, including information or an 
     attestation provided by any current or former official of the 
     department or agency who has personal knowledge of the 
     eligibility of the applicant for such classification and 
     referral; and
       (iii) the data holdings of the department or agency and 
     other cooperating interagency partners, including as 
     applicable biographic and biometric records, iris scans, 
     fingerprints, voice biometric information, hand geometry 
     biometrics, other identifiable information, and any other 
     information related to the applicant, including relevant 
     derogatory information; and
       (B)(i) in a case in which the head of the department or 
     agency determines that the applicant is an Afghan ally 
     without significant derogatory information, refer the Afghan 
     ally to the United States Refugee Admissions Program as a 
     refugee; and
       (ii) include with such referral--

       (I) any service record concerned, if available;
       (II) if the applicant provides a service record, any 
     information that helps verify the service record concerned; 
     and
       (III) any biometrics for the applicant.

       (4) Review process for denial of request for referral.--
       (A) In general.--In the case of an applicant with respect 
     to whom the head of the appropriate department or agency 
     denies a request for classification and referral based on a 
     determination that the applicant is not an Afghan ally or 
     based on derogatory information--
       (i) the head of the department or agency shall provide the 
     applicant with a written notice of the denial that provides, 
     to the maximum extent practicable, a description of the basis 
     for the denial, including the facts and inferences, or 
     evidentiary gaps, underlying the individual determination; 
     and
       (ii) the applicant shall be provided an opportunity to 
     submit not more than 1 written appeal to the head of the 
     department or agency for each such denial.
       (B) Deadline for appeal.--An appeal under clause (ii) of 
     subparagraph (A) shall be submitted--
       (i) not more than 120 days after the date on which the 
     applicant concerned receives notice under clause (i) of that 
     subparagraph; or
       (ii) on any date thereafter, at the discretion of the head 
     of the appropriate department or agency.
       (C) Request to reopen.--
       (i) In general.--An applicant who receives a denial under 
     subparagraph (A) may submit a request to reopen a request for 
     classification and referral under the process established 
     under paragraph (1) so that the applicant may provide 
     additional information, clarify existing information, or 
     explain any unfavorable information.
       (ii) Limitation.--After considering 1 such request to 
     reopen from an applicant, the head of the appropriate 
     department or agency may deny subsequent requests to reopen 
     submitted by the same applicant.
       (5) Form and content of referral.--To the extent 
     practicable, the head of the appropriate department or agency 
     shall ensure that referrals made under this subsection--
       (A) conform to requirements established by the Secretary of 
     State for form and content; and
       (B) are complete and include sufficient contact 
     information, supporting documentation, and any other material 
     the Secretary of State or the Secretary consider necessary or 
     helpful in determining whether an applicant is entitled to 
     refugee status.
       (6) Termination.--The application process and referral 
     system under this subsection shall terminate upon the later 
     of 1 year before the termination of the designation under 
     subsection (b)(1) or on the date of a joint determination by 
     the Secretary of State and the Secretary of Defense, in 
     consultation with the Secretary, that such termination is in 
     the national interest of the United States.
       (d) General Provisions.--
       (1) Prohibition on fees.--The Secretary, the Secretary of 
     Defense, the Secretary of State, or the head of any 
     appropriate department or agency referring Afghan allies 
     under this section may not charge any fee in connection with 
     a request for a classification and referral as a refugee 
     under this section.
       (2) Defense personnel.--Any limitation in law with respect 
     to the number of personnel within the Office of the Secretary 
     of Defense, the military departments, or a Defense Agency (as 
     defined in section 101(a) of title 10, United States Code) 
     shall not apply to personnel employed for the primary purpose 
     of carrying out this section.
       (3) Representation.--An alien applying for admission to the 
     United States under this section may be represented during 
     the application process, including at relevant interviews and 
     examinations, by an attorney or other accredited 
     representative. Such representation shall not be at the 
     expense of the United States Government.
       (4) Protection of aliens.--The Secretary of State, in 
     consultation with the head of any other appropriate Federal 
     agency, shall make a reasonable effort to provide an alien 
     who has been classified as an Afghan ally and has been 
     referred as a refugee under this section protection or to 
     immediately remove such alien from Afghanistan, if possible.
       (5) Other eligibility for immigrant status.--No alien shall 
     be denied the opportunity to apply for admission under this 
     section solely because the alien qualifies as an immediate 
     relative or is eligible for any other immigrant 
     classification.
       (6) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as necessary for each of fiscal 
     years 2024 through 2034 to carry out this section.
       (e) Rule of Construction.--Nothing in this section may be 
     construed to inhibit the Secretary of State from accepting 
     refugee referrals from any entity.

     SEC. 4105. IMPROVING EFFICIENCY AND OVERSIGHT OF REFUGEE AND 
                   SPECIAL IMMIGRANT PROCESSING.

       (a) Acceptance of Fingerprint Cards and Submissions of 
     Biometrics.--In addition to the methods authorized under the 
     heading relating to the Immigration and Naturalization 
     Service under title I of the Departments of Commerce, 
     Justice, and State, the Judiciary, and Related Agencies 
     Appropriations Act of 1998 (Public Law 105-119, 111 Stat. 
     2448; 8 U.S.C. 1103 note), and other applicable law, and 
     subject to such safeguards as the Secretary, in consultation 
     with the Secretary of State or the Secretary of Defense, as 
     appropriate, shall prescribe to ensure the integrity of the 
     biometric collection (which shall include verification of 
     identity by comparison of such fingerprints with fingerprints 
     taken by or under the direct supervision of the Secretary 
     prior to or at the time of the individual's application for 
     admission to the United States), the Secretary may, in the 
     case of any application for any benefit under the Immigration 
     and Nationality Act (8 U.S.C. 1101 et seq.), accept 
     fingerprint cards or any other submission of biometrics--
       (1) prepared by international or nongovernmental 
     organizations under an appropriate agreement with the 
     Secretary or the Secretary of State;
       (2) prepared by employees or contractors of the Department 
     of Homeland Security or the Department of State; or
       (3) provided by an agency (as defined under section 3502 of 
     title 44, United States Code).
       (b) Staffing.--
       (1) Vetting.--The Secretary of State, the Secretary, the 
     Secretary of Defense, and any other agency authorized to 
     carry out the vetting process under this division, shall each 
     ensure sufficient staffing, and request the resources 
     necessary, to efficiently and adequately carry out the 
     vetting of applicants for--
       (A) referral to the United States Refugee Admissions 
     Program, consistent with the determinations established under 
     section 207 of the Immigration and Nationality Act (8 U.S.C. 
     1157); and
       (B) special immigrant status.
       (2) Refugee resettlement.--The Secretary of Health and 
     Human Services shall ensure sufficient staffing to 
     efficiently provide assistance under chapter 2 of title IV of 
     the Immigration and Nationality Act (8 U.S.C. 1521 et seq.) 
     to refugees resettled in the United States.
       (c) Remote Processing.--Notwithstanding any other provision 
     of law, the Secretary of State and the Secretary shall employ 
     remote processing capabilities for refugee processing under 
     section 207 of the Immigration and Nationality Act (8 U.S.C. 
     1157), including secure digital file transfers, 
     videoconferencing and teleconferencing capabilities, remote 
     review of applications, remote interviews, remote collection 
     of signatures, waiver of the applicant's appearance or 
     signature (other than a final appearance and verification by 
     the oath of the applicant prior to or at the time of the 
     individual's application for admission to the United States), 
     waiver of signature for individuals under 5 years old, and 
     any other capability the Secretary of State and the Secretary 
     consider appropriate, secure, and likely to reduce processing 
     wait times at particular facilities.
       (d) Monthly Arrival Reports.--With respect to monthly 
     reports issued by the Secretary of State relating to United 
     States Refugee Admissions Program arrivals, the Secretary of 
     State shall report--
       (1) the number of monthly admissions of refugees, 
     disaggregated by priorities; and
       (2) the number of Afghan allies admitted as refugees.
       (e) Interagency Task Force on Afghan Ally Strategy.--

[[Page S733]]

       (1) Establishment.--Not later than 180 days after the date 
     of the enactment of this Act, the President shall establish 
     an Interagency Task Force on Afghan Ally Strategy (referred 
     to in this section as the ``Task Force'')--
       (A) to develop and oversee the implementation of the 
     strategy and contingency plan described in subparagraph 
     (A)(i) of paragraph (4); and
       (B) to submit the report, and provide a briefing on the 
     report, as described in subparagraphs (A) and (B) of 
     paragraph (4).
       (2) Membership.--
       (A) In general.--The Task Force shall include--
       (i) 1 or more representatives from each relevant Federal 
     agency, as designated by the head of the applicable relevant 
     Federal agency; and
       (ii) any other Federal Government official designated by 
     the President.
       (B) Relevant federal agency defined.--In this paragraph, 
     the term ``relevant Federal agency'' means--
       (i) the Department of State;
       (ii) the Department Homeland Security;
       (iii) the Department of Defense;
       (iv) the Department of Health and Human Services;
       (v) the Department of Justice; and
       (vi) the Office of the Director of National Intelligence.
       (3) Chair.--The Task Force shall be chaired by the 
     Secretary of State.
       (4) Duties.--
       (A) Report.--
       (i) In general.--Not later than 180 days after the date on 
     which the Task Force is established, the Task Force, acting 
     through the chair of the Task Force, shall submit a report to 
     the appropriate committees of Congress that includes--

       (I) a strategy for facilitating the resettlement of 
     nationals of Afghanistan outside the United States who, 
     during the period beginning on October 1, 2001, and ending on 
     September 1, 2021, directly and personally supported the 
     United States mission in Afghanistan, as determined by the 
     Secretary of State in consultation with the Secretary of 
     Defense; and
       (II) a contingency plan for future emergency operations in 
     foreign countries involving foreign nationals who have worked 
     directly with the United States Government, including the 
     Armed Forces of the United States and United States 
     intelligence agencies.

       (ii) Elements.--The report required under clause (i) shall 
     include--

       (I) the total number of nationals of Afghanistan who have 
     pending specified applications, disaggregated by--

       (aa) such nationals in Afghanistan and such nationals in a 
     third country;
       (bb) type of specified application; and
       (cc) applications that are documentarily complete and 
     applications that are not documentarily complete;

       (II) an estimate of the number of nationals of Afghanistan 
     who may be eligible for special immigrant status or 
     classification as an Afghan ally;
       (III) with respect to the strategy required under 
     subparagraph (A)(i)(I)--

       (aa) the estimated number of nationals of Afghanistan 
     described in such subparagraph;
       (bb) a description of the process for safely resettling 
     such nationals of Afghanistan;
       (cc) a plan for processing such nationals of Afghanistan 
     for admission to the United States that--
       (AA) discusses the feasibility of remote processing for 
     such nationals of Afghanistan residing in Afghanistan;
       (BB) includes any strategy for facilitating refugee and 
     consular processing for such nationals of Afghanistan in 
     third countries, and the timelines for such processing;
       (CC) includes a plan for conducting rigorous and efficient 
     vetting of all such nationals of Afghanistan for processing;
       (DD) discusses the availability and capacity of sites in 
     third countries to process applications and conduct any 
     required vetting for such nationals of Afghanistan, including 
     the potential to establish additional sites; and
       (EE) includes a plan for providing updates and necessary 
     information to affected individuals and relevant 
     nongovernmental organizations;
       (dd) a description of considerations, including resource 
     constraints, security concerns, missing or inaccurate 
     information, and diplomatic considerations, that limit the 
     ability of the Secretary of State or the Secretary to 
     increase the number of such nationals of Afghanistan who can 
     be safely processed or resettled;
       (ee) an identification of any resource or additional 
     authority necessary to increase the number of such nationals 
     of Afghanistan who can be processed or resettled;
       (ff) an estimate of the cost to fully implement the 
     strategy; and
       (gg) any other matter the Task Force considers relevant to 
     the implementation of the strategy;

       (IV) with respect to the contingency plan required by 
     clause (i)(II)--

       (aa) a description of the standard practices for screening 
     and vetting foreign nationals considered to be eligible for 
     resettlement in the United States, including a strategy for 
     vetting, and maintaining the records of, such foreign 
     nationals who are unable to provide identification documents 
     or biographic details due to emergency circumstances;
       (bb) a strategy for facilitating refugee or consular 
     processing for such foreign nationals in third countries;
       (cc) clear guidance with respect to which Federal agency 
     has the authority and responsibility to coordinate Federal 
     resettlement efforts;
       (dd) a description of any resource or additional authority 
     necessary to coordinate Federal resettlement efforts, 
     including the need for a contingency fund;
       (ee) any other matter the Task Force considers relevant to 
     the implementation of the contingency plan; and

       (V) a strategy for the efficient processing of all Afghan 
     special immigrant visa applications and appeals, including--

       (aa) a review of current staffing levels and needs across 
     all interagency offices and officials engaged in the special 
     immigrant visa process;
       (bb) an analysis of the expected Chief of Mission approvals 
     and denials of applications in the pipeline in order to 
     project the expected number of visas necessary to provide 
     special immigrant status to all approved applicants under 
     this division during the several years after the date of the 
     enactment of this Act;
       (cc) an assessment as to whether adequate guidelines exist 
     for reconsidering or reopening applications for special 
     immigrant visas in appropriate circumstances and consistent 
     with applicable laws; and
       (dd) an assessment of the procedures throughout the special 
     immigrant visa application process, including at the 
     Portsmouth Consular Center, and the effectiveness of 
     communication between the Portsmouth Consular Center and 
     applicants, including an identification of any area in which 
     improvements to the efficiency of such procedures and 
     communication may be made.
       (iii) Form.--The report required under clause (i) shall be 
     submitted in unclassified form but may include a classified 
     annex.
       (B) Briefing.--Not later than 60 days after submitting the 
     report required by clause (i), the Task Force shall brief the 
     appropriate committees of Congress on the contents of the 
     report.
       (5) Termination.--The Task Force shall remain in effect 
     until the later of--
       (A) the date on which the strategy required under paragraph 
     (4)(A)(i)(I) has been fully implemented;
       (B) the date of a determination by the Secretary of State, 
     in consultation with the Secretary of Defense and the 
     Secretary, that a task force is no longer necessary for the 
     implementation of subparagraphs (A) and (B) of paragraph (1); 
     or
       (C) the date that is 10 years after the date of the 
     enactment of this Act.
       (f) Improving Consultation With Congress.--Section 207 of 
     the Immigration and Nationality Act (8 U.S.C. 1157) is 
     amended--
       (1) in subsection (a), by amending paragraph (4) to read as 
     follows:
       ``(4)(A) In the determination made under this subsection 
     for each fiscal year (beginning with fiscal year 1992), the 
     President shall enumerate, with the respective number of 
     refugees so determined, the number of aliens who were granted 
     asylum in the previous year.
       ``(B) In making a determination under paragraph (1), the 
     President shall consider the information in the most recently 
     published projected global resettlement needs report 
     published by the United Nations High Commissioner for 
     Refugees.'';
       (2) in subsection (e), by amending paragraph (2) to read as 
     follows:
       ``(2) A description of the number and allocation of the 
     refugees to be admitted, including the expected allocation by 
     region, and an analysis of the conditions within the 
     countries from which they came.''; and
       (3) by adding at the end the following--
       ``(g) Quarterly Reports on Admissions.--Not later than 30 
     days after the last day of each quarter beginning the fourth 
     quarter of fiscal year 2024, the President shall submit to 
     the Committee on Homeland Security and Governmental Affairs, 
     the Committee on the Judiciary, and the Committee on Foreign 
     Relations of the Senate and the Committee on Homeland 
     Security, the Committee on the Judiciary, and the Committee 
     on Foreign Affairs of the House of Representatives a report 
     that includes the following:
       ``(1) Refugees admitted.--
       ``(A) The number of refugees admitted to the United States 
     during the preceding quarter.
       ``(B) The cumulative number of refugees admitted to the 
     United States during the applicable fiscal year, as of the 
     last day of the preceding quarter.
       ``(C) The number of refugees expected to be admitted to the 
     United States during the remainder of the applicable fiscal 
     year.
       ``(D) The number of refugees from each region admitted to 
     the United States during the preceding quarter.
       ``(2) Refugee applicants with pending security checks.--
       ``(A) The number of aliens, by nationality, security check, 
     and responsible vetting agency, for whom a National Vetting 
     Center or other security check has been requested during the 
     preceding quarter, and the number of aliens, by nationality, 
     for whom the check was pending beyond 30 days.
       ``(B) The number of aliens, by nationality, security check, 
     and responsible vetting agency, for whom a National Vetting 
     Center or other security check has been pending for more than 
     180 days.
       ``(3) Circuit rides.--
       ``(A) For the preceding quarter--
       ``(i) the number of Refugee Corps officers deployed on 
     circuit rides and the overall number of Refugee Corps 
     officers;

[[Page S734]]

       ``(ii) the number of individuals interviewed--

       ``(I) on each circuit ride; and
       ``(II) at each circuit ride location;

       ``(iii) the number of circuit rides; and
       ``(iv) for each circuit ride, the duration of the circuit 
     ride.
       ``(B) For the subsequent 2 quarters--
       ``(i) the number of circuit rides planned; and
       ``(ii) the number of individuals planned to be interviewed.
       ``(4) Processing.--
       ``(A) For refugees admitted to the United States during the 
     preceding quarter, the average number of days between--
       ``(i) the date on which an individual referred to the 
     United States Government as a refugee applicant is 
     interviewed by the Secretary of Homeland Security; and
       ``(ii) the date on which such individual is admitted to the 
     United States.
       ``(B) For refugee applicants interviewed by the Secretary 
     of Homeland Security in the preceding quarter, the approval, 
     denial, recommended approval, recommended denial, and hold 
     rates for the applications for admission of such individuals, 
     disaggregated by nationality.''.

     SEC. 4106. SUPPORT FOR CERTAIN VULNERABLE AFGHANS RELATING TO 
                   EMPLOYMENT BY OR ON BEHALF OF THE UNITED 
                   STATES.

       (a) Special Immigrant Visas for Certain Relatives of 
     Certain Members of the Armed Forces.--
       (1) In general.--Section 101(a)(27) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(27)) is amended--
       (A) in subparagraph (L)(iii), by adding a semicolon at the 
     end;
       (B) in subparagraph (M), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(N) a citizen or national of Afghanistan who is the 
     parent or brother or sister of--
       ``(i) a member of the armed forces (as defined in section 
     101(a) of title 10, United States Code); or
       ``(ii) a veteran (as defined in section 101 of title 38, 
     United States Code).''.
       (2) Numerical limitations.--
       (A) In general.--Subject to subparagraph (C), the total 
     number of principal aliens who may be provided special 
     immigrant visas under subparagraph (N) of section 101(a)(27) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(27)), as added by paragraph (1), may not exceed 2,500 
     each fiscal year.
       (B) Carryover.--If the numerical limitation specified in 
     subparagraph (A) is not reached during a given fiscal year, 
     the numerical limitation specified in such subparagraph for 
     the following fiscal year shall be increased by a number 
     equal to the difference between--
       (i) the numerical limitation specified in subparagraph (A) 
     for the given fiscal year; and
       (ii) the number of principal aliens provided special 
     immigrant visas under subparagraph (N) of section 101(a)(27) 
     of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)) 
     during the given fiscal year.
       (C) Maximum number of visas.--The total number of aliens 
     who may be provided special immigrant visas under 
     subparagraph (N) of section 101(a)(27) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(27)) shall not exceed 
     10,000.
       (D) Duration of authority.--The authority to issue visas 
     under subparagraph (N) of section 101(a)(27) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(27)) 
     shall--
       (i) commence on the date of the enactment of this Act; and
       (ii) terminate on the date on which all such visas are 
     exhausted.
       (b) Certain Afghans Injured or Killed in the Course of 
     Employment.--Section 602(b) of the Afghan Allies Protection 
     Act of 2009 (8 U.S.C. 1101 note; Public Law 111-8) is 
     amended--
       (1) in paragraph (2)(A)--
       (A) by amending clause (ii) to read as follows:
       ``(ii)(I) was or is employed in Afghanistan on or after 
     October 7, 2001, for not less than 1 year--

       ``(aa) by, or on behalf of, the United States Government; 
     or
       ``(bb) by the International Security Assistance Force (or 
     any successor name for such Force) in a capacity that 
     required the alien--

       ``(AA) while traveling off-base with United States military 
     personnel stationed at the International Security Assistance 
     Force (or any successor name for such Force), to serve as an 
     interpreter or translator for such United States military 
     personnel; or
       ``(BB) to perform activities for the United States military 
     personnel stationed at International Security Assistance 
     Force (or any successor name for such Force); or
       ``(II) in the case of an alien who was wounded or seriously 
     injured in connection with employment described in subclause 
     (I), was employed for any period until the date on which such 
     wound or injury occurred, if the wound or injury prevented 
     the alien from continuing such employment;''; and
       (B) in clause (iii), by striking ``clause (ii)'' and 
     inserting ``clause (ii)(I)'';
       (2) in paragraph (13)(A)(i), by striking ``subclause (I) or 
     (II)(bb) of paragraph (2)(A)(ii)'' and inserting ``item (aa) 
     or (bb)(BB) of paragraph (2)(A)(ii)(I)'';
       (3) in paragraph (14)(C), by striking ``paragraph 
     (2)(A)(ii)'' and inserting ``paragraph (2)(A)(ii)(I)''; and
       (4) in paragraph (15), by striking ``paragraph (2)(A)(ii)'' 
     and inserting ``paragraph (2)(A)(ii)(I)''.
       (c) Extension of Special Immigrant Visa Program Under 
     Afghan Allies Protection Act of 2009.--Section 602(b) of the 
     Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note; 
     Public Law 111-8) is amended--
       (1) in paragraph (3)(F)--
       (A) in the subparagraph heading, by striking ``Fiscal years 
     2015 through 2022'' and inserting ``Fiscal years 2015 through 
     2029''; and
       (B) in clause (i), by striking ``December 31, 2024'' and 
     inserting ``December 31, 2029''; and
       (C) in clause (ii), by striking ``December 31, 2024'' and 
     inserting ``December 31, 2029''; and
       (2) in paragraph (13), in the matter preceding subparagraph 
     (A), by striking ``January 31, 2024'' and inserting ``January 
     31, 2030''.
       (d) Authorization of Virtual Interviews.--Section 602(b)(4) 
     of the Afghan Allies Protection Act of 2009 ( 8 U.S.C. 1101 
     note; Public Law 111-8;) is amended by adding at the end the 
     following:
       ``(D) Virtual interviews.--Notwithstanding section 222(e) 
     of the Immigration and Nationality Act (8 U.S.C. 1202(e)), an 
     application for an immigrant visa under this section may be 
     signed by the applicant through a virtual video meeting 
     before a consular officer and verified by the oath of the 
     applicant administered by the consular officer during a 
     virtual video meeting.''.
       (e) Quarterly Reports.--Paragraph (12) of section 602(b) of 
     the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note; 
     Public Law 111-8) is amended is amended to read as follows:
       ``(12) Quarterly reports.--
       ``(A) Report to congress.--Not later than 120 days after 
     the date of enactment of the National Security Act, 2024 and 
     every 90 days thereafter, the Secretary of State and the 
     Secretary of Homeland Security, in consultation with the 
     Secretary of Defense, shall submit to the appropriate 
     committees of Congress a report that includes the following:
       ``(i) For the preceding quarter--

       ``(I) a description of improvements made to the processing 
     of special immigrant visas and refugee processing for 
     citizens and nationals of Afghanistan;
       ``(II) the number of new Afghan referrals to the United 
     States Refugee Admissions Program, disaggregated by referring 
     entity;
       ``(III) the number of interviews of Afghans conducted by 
     U.S. Citizenship and Immigration Services, disaggregated by 
     the country in which such interviews took place;
       ``(IV) the number of approvals and the number of denials of 
     refugee status requests for Afghans;
       ``(V) the number of total admissions to the United States 
     of Afghan refugees;
       ``(VI) number of such admissions, disaggregated by whether 
     the refugees come from within, or outside of, Afghanistan;
       ``(VII) the average processing time for citizens and 
     nationals of Afghanistan who are applicants;
       ``(VIII) the number of such cases processed within such 
     average processing time; and
       ``(IX) the number of denials issued with respect to 
     applications by citizens and nationals of Afghanistan.

       ``(ii) The number of applications by citizens and nationals 
     of Afghanistan for refugee referrals pending as of the date 
     of submission of the report.
       ``(iii) A description of the efficiency improvements made 
     in the process by which applications for special immigrant 
     visas under this subsection are processed, including 
     information described in clauses (iii) through (viii) of 
     paragraph (11)(B).
       ``(B) Form of report.--Each report required by subparagraph 
     (A) shall be submitted in unclassified form but may contain a 
     classified annex.
       ``(C) Public posting.--The Secretary of State shall publish 
     on the website of the Department of State the unclassified 
     portion of each report submitted under subparagraph (A).''.
       (f) General Provisions.--
       (1) Prohibition on fees.--The Secretary, the Secretary of 
     Defense, or the Secretary of State may not charge any fee in 
     connection with an application for, or issuance of, a special 
     immigrant visa or special immigrant status under--
       (A) section 602 of the Afghan Allies Protection Act of 2009 
     (8 U.S.C. 1101 note; Public Law 111-8);
       (B) section 1059 of the National Defense Authorization Act 
     for Fiscal Year 2006 (8 U.S.C. 1101 note; Public Law 109-
     163); or
       (C) subparagraph (N) of section 101(a)(27) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(27)), as 
     added by subsection (a)(1).
       (2) Defense personnel.--Any limitation in law with respect 
     to the number of personnel within the Office of the Secretary 
     of Defense, the military departments, or a Defense Agency (as 
     defined in section 101(a) of title 10, United States Code) 
     shall not apply to personnel employed for the primary purpose 
     of carrying out this section.
       (3) Protection of aliens.--The Secretary of State, in 
     consultation with the head of any other appropriate Federal 
     agency, shall make a reasonable effort to provide an alien 
     who is seeking status as a special immigrant under 
     subparagraph (N) of section 101(a)(27) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(27)), as added by 
     subsection (a)(1), protection or to immediately remove such 
     alien from Afghanistan, if possible.
       (4) Resettlement support.--A citizen or national of 
     Afghanistan who is admitted to the United States under this 
     section or an

[[Page S735]]

     amendment made by this section shall be eligible for 
     resettlement assistance, entitlement programs, and other 
     benefits available to refugees admitted under section 207 of 
     the Immigration and Nationality Act (8 U.S.C. 1157) to the 
     same extent, and for the same periods of time, as such 
     refugees.

     SEC. 4107. SUPPORT FOR ALLIES SEEKING RESETTLEMENT IN THE 
                   UNITED STATES.

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

     SEC. 4108. REPORTING.

       (a) Quarterly Reports.--Beginning on January 1, 2028, not 
     less frequently than quarterly, the Secretary shall submit to 
     the Committee on the Judiciary of the Senate and the 
     Committee on the Judiciary of the House of Representatives a 
     report that includes, for the preceding quarter--
       (1) the number of individuals granted conditional permanent 
     resident status under section 4103, disaggregated by the 
     number of such individuals for whom conditions have been 
     removed;
       (2) the number of individuals granted conditional permanent 
     resident status under section 4103 who have been determined 
     to be ineligible for removal of conditions (and the reasons 
     for such determination); and
       (3) the number of individuals granted conditional permanent 
     resident status under section 4103 for whom no such 
     determination has been made (and the reasons for the lack of 
     such determination).
       (b) Annual Reports.--Not less frequently than annually, the 
     Secretary, in consultation with the Attorney General, shall 
     submit to the appropriate committees of Congress a report 
     that includes for the preceding year, with respect to 
     individuals granted conditional permanent resident status 
     under section 4103--
       (1) the number of such individuals who are placed in 
     removal proceedings under section 240 of the Immigration and 
     Nationality Act (8 U.S.C. 1229a) charged with a ground of 
     deportability under subsection (a)(2) of section 237 of that 
     Act (8 U.S.C. 1227), disaggregated by each applicable ground 
     under that subsection;
       (2) the number of such individuals who are placed in 
     removal proceedings under section 240 of the Immigration and 
     Nationality Act (8 U.S.C. 1229a) charged with a ground of 
     deportability under subsection (a)(3) of section 237 of that 
     Act (8 U.S.C. 1227), disaggregated by each applicable ground 
     under that subsection;
       (3) the number of final orders of removal issued pursuant 
     to proceedings described in paragraphs (1) and (2), 
     disaggregated by each applicable ground of deportability;
       (4) the number of such individuals for whom such 
     proceedings are pending, disaggregated by each applicable 
     ground of deportability; and
       (5) a review of the available options for removal from the 
     United States, including any changes in the feasibility of 
     such options during the preceding year.

     SEC. 4109. RULE OF CONSTRUCTION.

       Except as expressly described in this division or an 
     amendment made by this division, nothing in this division or 
     an amendment made by this division may be construed to 
     modify, expand, or limit any law or authority to process or 
     admit refugees under section 207 of the Immigration and 
     Nationality Act (8 U.S.C. 1157) or applicants for an 
     immigrant visa under the immigration laws.
                                 ______
                                 
  SA 1551. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place add the following:

     SEC. EFFECTIVE DATE.

       This Act shall take effect on the date that is 1 day after 
     the date of enactment of this Act.
                                 ______
                                 
  SA 1552. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 1, line 3, strike ``1 day'' and insert ``2 days''.
                                 ______
                                 
  SA 1553. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place add the following:

     SEC. EFFECTIVE DATE.

       This Act shall take effect on the date that is 3 days after 
     the date of enactment of this Act.
                                 ______
                                 
  SA 1554. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 1, line 3, strike ``3 days'' and insert ``4 days''.
                                 ______
                                 
  SA 1555. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place add the following:

     SEC. EFFECTIVE DATE.

       This Act shall take effect on the date that is 5 days after 
     the date of enactment of this Act.
                                 ______
                                 
  SA 1556. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 1, line 3, strike ``5 days'' and insert ``6 days''.
                                 ______
                                 
  SA 1557. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 1, line 1, strike ``6 days'' and insert ``7 days''.
                                 ______
                                 
  SA 1558. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place add the following:

     SEC. EFFECTIVE DATE.

       This Act shall take effect on the date that is 10 days 
     after the date of enactment of this Act.
                                 ______
                                 
  SA 1559. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 1, line 3, strike ``10 days'' and insert ``11 
     days''.
                                 ______
                                 
  SA 1560. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place add the following:

     SEC. EFFECTIVE DATE.

       This Act shall take effect on the date that is 12 days 
     after the date of enactment of this Act.

[[Page S736]]

  

                                 ______
                                 
  SA 1561. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 1, line 3, strike ``12 days'' and insert ``13 
     days''.
                                 ______
                                 
  SA 1562. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place add the following:

     SEC. EFFECTIVE DATE.

       This Act shall take effect on the date that is 14 days 
     after the date of enactment of this Act.
                                 ______
                                 
  SA 1563. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 1, line 3, strike ``14 days'' and insert ``15 
     days''.
                                 ______
                                 
  SA 1564. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 1, line 2, strike ``15 days'' and insert ``16 
     days''.
                                 ______
                                 
  SA 1565. Mrs. SHAHEEN submitted an amendment intended to be proposed 
to amendment SA 1388 submitted by Mrs. Murray (for herself and Mr. 
Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. CODIFICATION OF SANCTIONS RELATING TO THE WESTERN 
                   BALKANS.

       (a) In General.--Each person designated, as of the date of 
     the enactment of this Act, for the imposition of sanctions 
     under an Executive order specified in subsection (c) shall 
     remain so designated, except as provided in subsection (d).
       (b) Continuation of Sanctions Authorities.--Each of the 
     emergencies declared and authorities invoked to impose 
     sanctions under an Executive order specified in subsection 
     (c) shall remain in effect.
       (c) Executive Orders Specified.--The Executive orders 
     specified in this subsection are--
       (1) Executive Order 13219 (50 U.S.C. 1701 note; relating to 
     blocking property of persons who threaten international 
     stabilization efforts in the Western Balkans), as in effect 
     on the date of the enactment of this Act; and
       (2) Executive Order 14033 (50 U.S.C. 1701 note; relating to 
     blocking property and suspending entry into the United States 
     of certain persons contributing to the destabilizing 
     situation in the Western Balkans), as in effect on such date 
     of enactment.
       (d) Termination of Sanctions.--The President may terminate 
     the application of sanctions described in subsection (a) with 
     respect to a person if the President certifies to Congress 
     that such person no longer engages in the activity that was 
     the basis for such sanctions and has not done so for the 2 
     years prior to the termination of such sanctions.
       (e) Waivers.--
       (1) National security interest waiver.--The President may, 
     on a case-by-case basis, for renewable periods of up to 180 
     days, waive the application of any provision of this section 
     if the President determines that the waiver is in the 
     national security interest of the United States.
       (2) Humanitarian waiver.--The President may waive the 
     application of any provision of this section if the President 
     determines that the waiver is necessary for humanitarian 
     assistance or to carry out the humanitarian purposes of the 
     United States Government.
       (f) Rulemaking.--The President is authorized to promulgate 
     such rules and regulations as may be necessary to carry out 
     the provisions of this section (which may include regulatory 
     exceptions), including under section 205 of the International 
     Emergency Economic Powers Act (50 U.S.C. 1704).
                                 ______
                                 
  SA 1566. Ms. CORTEZ MASTO (for herself and Mr. Cornyn) submitted an 
amendment intended to be proposed to amendment SA 1388 proposed by Mrs. 
Murray (for herself and Mr. Schumer) to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:
       Sec. __. (a) Not later than 120 days after the date of the 
     enactment of this Act, the Secretary of State and the 
     Secretary of the Treasury shall provide to the appropriate 
     congressional committees a report on Russia's purported 
     suspension of certain provisions of the Russia tax treaty. 
     The report shall be submitted in unclassified form but may 
     contain a classified annex as necessary.
       (b) The report required under subsection (a) shall include 
     an analysis of the effect of Russia's purported suspension of 
     treaty provisions and an analysis of how the United States 
     has responded, or could respond, to such suspensions.
       (c) In this section:
       (1) The term ``appropriate congressional committees'' means 
     the Committee on Foreign Relations and the Committee on 
     Finance of the Senate.
       (2) The term ``Russia tax treaty'' means the Convention 
     Between the United States of America and the Russian 
     Federation for the Avoidance of Double Taxation and the 
     Prevention of Fiscal Evasion with Respect to Taxes on Income 
     and Capital, signed at Washington August 25, 1992.
                                 ______
                                 
  SA 1567. Mr. WARNER (for himself, Mr. Rounds, Mr. Reed, and Mr. 
Romney) submitted an amendment intended to be proposed to amendment SA 
1388 proposed by Mrs. Murray (for herself and Mr. Schumer) to the bill 
H.R. 815, to amend title 38, United States Code, to make certain 
improvements relating to the eligibility of veterans to receive 
reimbursement for emergency treatment furnished through the Veterans 
Community Care program, and for other purposes; which was ordered to 
lie on the table; as follows:

        At the appropriate place, insert the following:

     DIVISION__TERRORIST FINANCING PREVENTION

 TITLE I--PREVENTION OF ACCESS TO FINANCIAL AND OTHER INSTITUTIONS OF 
THE UNITED STATES BY FOREIGN TERRORIST ORGANIZATIONS AND THEIR ENABLERS

     SEC. 101. DEFINITIONS.

       In this title:
       (1) Digital asset.--The term ``digital asset'' means any 
     digital representation of value that is recorded on a 
     cryptographically secured distributed ledger or any similar 
     technology, or another implementation which was designed and 
     built as part of a system to leverage or replace blockchain 
     or distributed ledger technology or their derivatives.
       (2) Digital asset protocol.--The term ``digital asset 
     protocol'' means any communication protocol, smart contract, 
     or other software--
       (A) deployed through the use of distributed ledger or 
     similar technology; and
       (B) that provides a mechanism for users to interact and 
     agree to the terms of a trade for digital assets.
       (3) Foreign digital asset transaction facilitator.--The 
     term ``foreign digital asset transaction facilitator'' means 
     any foreign person or group of foreign persons that, as 
     determined by the Secretary, controls, operates, or makes 
     available a digital asset protocol or similar facility, or 
     otherwise materially assists in the purchase, sale, exchange, 
     custody, or other transaction involving an exchange or 
     transfer of value using digital assets.
       (4) Foreign financial institution.--The term ``foreign 
     financial institution'' has the meaning given that term under 
     section 561.308 of title 31, Code of Federal Regulations.
       (5) Foreign person.--The term ``foreign person'' means an 
     individual or entity that is not a United States person.
       (6) Foreign terrorist organization.--The term ``Foreign 
     Terrorist Organization'' means an organization that has been 
     designated as a Foreign Terrorist Organization by the 
     Secretary of State, pursuant to section 219 of the 
     Immigration and Nationality Act (8 U.S.C. 1189).
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of the Treasury.

[[Page S737]]

       (8) Specially designated global terrorist organization.--
     The term ``specially designated global terrorist 
     organization'' means an organization that has been designated 
     as a specially designated global terrorist by the Secretary 
     of State or the Secretary, pursuant to Executive Order 13224 
     (50 U.S.C. 1701 note; relating to blocking property and 
     prohibiting transactions with persons who commit, threaten to 
     commit, or support terrorism).
       (9) United states person.--The term ``United States 
     person'' means--
       (A) an individual who is a United States citizen or an 
     alien lawfully admitted for permanent residence to the United 
     States;
       (B) an entity organized under the laws of the United States 
     or any jurisdiction within the United States, including a 
     foreign branch of such an entity; or
       (C) any person in the United States.

     SEC. 102. SANCTIONS WITH RESPECT TO FOREIGN FINANCIAL 
                   INSTITUTIONS AND FOREIGN DIGITAL ASSET 
                   TRANSACTION FACILITATORS THAT ENGAGE IN CERTAIN 
                   TRANSACTIONS.

       (a) Mandatory Identification.--Not later than 60 days after 
     the date of enactment of this Act, and periodically 
     thereafter, the Secretary shall identify and submit to the 
     President a report identifying any foreign financial 
     institution or foreign digital asset transaction facilitator 
     that has knowingly--
       (1) facilitated a significant financial transaction with--
       (A) a Foreign Terrorist Organization;
       (B) a specially designated global terrorist organization; 
     or
       (C) a person identified on the list of specially designated 
     nationals and blocked persons maintained by the Office of 
     Foreign Assets Control of the Department of the Treasury, the 
     property and interests in property of which are blocked 
     pursuant to the International Emergency Economic Powers Act 
     (50 U.S.C. 1701 et seq.) for acting on behalf of or at the 
     direction of, or being owned or controlled by, a Foreign 
     Terrorist Organization or a specially designated global 
     terrorist organization; or
       (2) engaged in money laundering to carry out an activity 
     described in paragraph (1).
       (b) Imposition of Sanctions.--
       (1) Foreign financial institutions.--The President shall 
     prohibit, or impose strict conditions on, the opening or 
     maintaining of a correspondent account or a payable-through 
     account in the United States by a foreign financial 
     institution identified under subsection (a).
       (2) Foreign digital asset transaction facilitators.--The 
     President, pursuant to such regulations as the President may 
     prescribe, shall prohibit any transactions between any person 
     subject to the jurisdiction of the United States with a 
     foreign digital asset transaction facilitator identified 
     under subsection (a).
       (c) Implementation and Penalties.--
       (1) Implementation.--The President may exercise all 
     authorities provided under sections 203 and 205 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1702, 
     1704) to the extent necessary to carry out this title.
       (2) Penalties.--The penalties set forth in subsections (b) 
     and (c) of section 206 of the International Emergency 
     Economic Powers Act (50 U.S.C. 1705) shall apply to a person 
     that violates, attempts to violate, conspires to violate, or 
     causes a violation of regulations prescribed under this 
     section to the same extent that such penalties apply to a 
     person that commits an unlawful act described in subsection 
     (a) of such section 206.
       (d) Procedures for Judicial Review of Classified 
     Information.--
       (1) In general.--If a finding under this section, or a 
     prohibition, condition, or penalty imposed as a result of any 
     such finding, is based on classified information (as defined 
     in section 1(a) of the Classified Information Procedures Act 
     (18 U.S.C. App.)), the Secretary may submit to a court 
     reviewing the finding or the imposition of the prohibition, 
     condition, or penalty such classified information ex parte 
     and in camera.
       (2) Rule of construction.--Nothing in this subsection shall 
     be construed to confer or imply any right to judicial review 
     of any finding under this subsection or any prohibition, 
     condition, or penalty imposed as a result of any such 
     finding.
       (e) Waiver for National Security.--The Secretary may waive 
     the imposition of sanctions under this section with respect 
     to a person if the Secretary--
       (1) determines that such a waiver is in the national 
     interests of the United States; and
       (2) submits to Congress a notification of the waiver and 
     the reasons for the waiver.
       (f) Exception for Intelligence Activities.--This section 
     shall not apply with respect to any activity subject to the 
     reporting requirements under title V of the National Security 
     Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized 
     intelligence activities of the United States.
       (g) Exception Relating to Importation of Goods.--
       (1) In general.--The authorities and requirements under 
     this section shall not include the authority or a requirement 
     to impose sanctions on the importation of goods.
       (2) Good defined.--In this section, the term ``good'' means 
     any article, natural or manmade substance, material, supply, 
     or manufactured product, including inspection and test 
     equipment, and excluding technical data.

             TITLE II--SPECIAL MEASURES FOR MODERN THREATS

     SEC. 201. PROHIBITIONS OR CONDITIONS ON CERTAIN TRANSMITTALS 
                   OF FUNDS.

       Section 5318A of title 31, United States Code, is amended--
       (1) in subsection (a)(2)(C), by striking ``subsection 
     (b)(5)'' and inserting ``paragraphs (5) and (6) of subsection 
     (b)''; and
       (2) in subsection (b)--
       (A) in paragraph (5), by striking ``for or on behalf of a 
     foreign banking institution''; and
       (B) by adding at the end the following:
       ``(6) Prohibitions or conditions on certain transmittals of 
     funds.--If the Secretary finds a jurisdiction outside of the 
     United States, 1 or more financial institutions operating 
     outside of the United States, 1 or more types of accounts 
     within, or involving, a jurisdiction outside of the United 
     States, or 1 or more classes of transactions within, or 
     involving, a jurisdiction outside of the United States to be 
     of primary money laundering concern, the Secretary, in 
     consultation with the Secretary of State, the Attorney 
     General, and the Chairman of the Board of Governors of the 
     Federal Reserve System, may prohibit, or impose conditions 
     upon, certain transmittals of funds (as such term may be 
     defined by the Secretary in a special measure issuance, by 
     regulation, or as otherwise permitted by law), to or from any 
     domestic financial institution or domestic financial agency 
     if such transmittal of funds involves any such jurisdiction, 
     institution, type of account, class of transaction, or type 
     of account.''.

                           TITLE III--FUNDING

     SEC. 301. ADEQUATE FUNDING TO PREVENT EVASION OF COUNTER-
                   TERRORISM SANCTIONS AND FINANCIAL CRIME 
                   ENFORCEMENT.

       There are authorized to be appropriated to the Secretary of 
     the Treasury such funds as are necessary to carry out the 
     purposes of this division.
                                 ______
                                 
  SA 1568. Ms. MURKOWSKI submitted an amendment intended to be proposed 
by her to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. ADDITIONAL AMOUNTS FOR THE AIR FORCE FOR VARIOUS 
                   RADAR AND WARNING SYSTEMS.

       (a) Operations and Maintenance, Air Force.--The amount 
     appropriated by title I of division A under the heading 
     ``Operation and Maintenance, Air Force'' is hereby increased 
     by $52,500,000, with the amount of such increase to be 
     available as follows:
       (1) $45,000,000 shall available for long-range radar 
     station infrastructure of North American Aerospace Defense 
     Command (NORAD).
       (2) $5,000,000 shall be available for long term repair and 
     modernization of long-range radar stations of North American 
     Aerospace Defense Command.
       (3) $2,500,000 shall be available for long-range radar site 
     backup generator.
       (b) Other Procurement, Air Force.--The amount appropriated 
     by title I of division A under the heading ``Other 
     Procurement, Air Force'' is hereby increased by $22,000,000, 
     with the amount of such increase to be available as follows:
       (1) $5,000,000 shall be available for long-range radar site 
     battery energy storage system.
       (2) $17,000,000 shall be available for procurement of the 
     Airborne Real-time Cueing Hyperspectral Enhanced 
     Reconnaissance (ARCHER) system for the North Warning System.
       (c) Research, Development, Test and Evaluation, Air 
     Force.--The amount appropriated by title I of division A 
     under the heading ``Research, Development, Test and 
     Evaluation, Air Force'' is hereby increased by $65,000,000, 
     with the amount of such increase to be available as follows:
       (1) $55,000,000 shall be available for acceleration of the 
     over the horizon backscatter radar capability.
       (2) $10,000,000 shall be available for research, 
     development, test, and evaluation of the Airborne Real-time 
     Cueing Hyperspectral Enhanced Reconnaissance (ARCHER) system.
                                 ______
                                 
  SA 1569. Mr. ROUNDS submitted an amendment intended to be proposed to 
amendment SA 1388 proposed by Mrs. Murray (for herself and Mr. Schumer) 
to the bill H.R. 815, to amend title 38, United States Code, to make 
certain improvements relating to the eligibility of veterans to receive 
reimbursement for emergency treatment furnished through the Veterans 
Community Care program, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the end of the amendment, add the following:

                         DIVISION C--BORDER ACT

     SEC. 4001. SHORT TITLE.

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

     SEC. 4002. DEFINITIONS.

       In this division:

[[Page S738]]

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

                       TITLE I--CAPACITY BUILDING

        Subtitle A--Hiring, Training, and Systems Modernization

                     CHAPTER 1--HIRING AUTHORITIES

     SEC. 4101. USCIS DIRECT HIRE AUTHORITY.

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

     SEC. 4102. ICE DIRECT HIRE AUTHORITY.

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

     SEC. 4103. REEMPLOYMENT OF CIVILIAN RETIREES TO MEET 
                   EXCEPTIONAL EMPLOYMENT NEEDS.

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

     SEC. 4104. ESTABLISHMENT OF SPECIAL PAY RATE FOR ASYLUM 
                   OFFICERS.

       (a) In General.--Subchapter III of chapter 53 of title 5, 
     United States Code, is amended by inserting after section 
     5332 the following:

     ``Sec. 5332a. Special base rates of pay for asylum officers

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

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

                       CHAPTER 2--HIRING WAIVERS

     SEC. 4111. HIRING FLEXIBILITY.

       Section 3 of the Anti-Border Corruption Act of 2010 (6 
     U.S.C. 221) is amended by striking subsection (b) and 
     inserting the following new subsections:
       ``(b) Waiver Authority.--The Commissioner of U.S. Customs 
     and Border Protection may waive the application of subsection 
     (a)(1) in the following circumstances:
       ``(1) In the case of a current, full-time law enforcement 
     officer employed by a State or local law enforcement agency, 
     if such officer--
       ``(A) has served as a law enforcement officer for not fewer 
     than three years with no break in service;
       ``(B) is authorized by law to engage in or supervise the 
     prevention, detection, investigation, or prosecution of, or 
     the incarceration of any person for, any violation of law, 
     and has statutory powers for arrest or apprehension;
       ``(C) is not currently under investigation, does not have 
     disciplinary, misconduct, or derogatory records, has not been 
     found to have engaged in a criminal offense or misconduct, 
     has not resigned from a law enforcement officer position 
     under investigation or in lieu of termination, and has not 
     been dismissed from a law enforcement officer position; and
       ``(D) has, within the past ten years, successfully 
     completed a polygraph examination as a condition of 
     employment with such officer's current law enforcement 
     agency.
       ``(2) In the case of a current, full-time Federal law 
     enforcement officer, if such officer--
       ``(A) has served as a law enforcement officer for not fewer 
     than three years with no break in service;
       ``(B) has authority to make arrests, conduct 
     investigations, conduct searches, make seizures, carry 
     firearms, and serve orders, warrants, and other processes;
       ``(C) is not currently under investigation, does not have 
     disciplinary, misconduct, or derogatory records, has not been 
     found to have engaged in a criminal offense or misconduct, 
     has not resigned from a law enforcement officer position 
     under investigation or in lieu of termination, and has not 
     been dismissed from a law enforcement officer position; and
       ``(D) holds a current background investigation, in 
     accordance with current standards

[[Page S739]]

     required for access to Top Secret or Top Secret/Sensitive 
     Compartmented Information.
       ``(3) In the case of an individual who is a member of the 
     Armed Forces (or a reserve component thereof) or a veteran, 
     if such individual--
       ``(A) has served in the Armed Forces for not fewer than 
     three years;
       ``(B) holds, or has held within the past five years, Top 
     Secret or Top Secret/Sensitive Compartmented Information 
     clearance;
       ``(C) holds, or has undergone within the past five years, a 
     current background investigation in accordance with current 
     standards required for access to Top Secret or Top Secret/
     Sensitive Compartmented Information;
       ``(D) received, or is eligible to receive, an honorable 
     discharge from service in the Armed Forces, has not engaged 
     in a criminal offense, has not committed a military offense 
     under the Uniform Code of Military Justice, and does not have 
     disciplinary, misconduct, or derogatory records; and
       ``(E) was not granted any waivers to obtain the clearance 
     referred to subparagraph (B).
       ``(c) Termination of Waiver Authority.--The authority to 
     issue a waiver under subsection (b) shall terminate on the 
     date that is 3 years after the date of the enactment of the 
     Border Act.''.

     SEC. 4112. SUPPLEMENTAL COMMISSIONER AUTHORITY AND 
                   DEFINITIONS.

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

     ``SEC. 4. SUPPLEMENTAL COMMISSIONER AUTHORITY.

       ``(a) Non-exemption.--An individual who receives a waiver 
     under subsection (b) of section 3 is not exempt from other 
     hiring requirements relating to suitability for employment 
     and eligibility to hold a national security designated 
     position, as determined by the Commissioner of U.S. Customs 
     and Border Protection.
       ``(b) Background Investigations.--Any individual who 
     receives a waiver under subsection (b) of section 3 who holds 
     a background investigation in accordance with current 
     standards required for access to Top Secret or Top Secret/
     Sensitive Compartmented Information shall be subject to an 
     appropriate background investigation.
       ``(c) Administration of Polygraph Examination.--The 
     Commissioner of U.S. Customs and Border Protection is 
     authorized to administer a polygraph examination to an 
     applicant or employee who is eligible for or receives a 
     waiver under subsection (b) of section 3 if information is 
     discovered prior to the completion of a background 
     investigation that results in a determination that a 
     polygraph examination is necessary to make a final 
     determination regarding suitability for employment or 
     continued employment, as the case may be.''.
       (b) Report.--The Anti-Border Corruption Act of 2010 (Public 
     Law 111-376; 124 Stat. 4104) is amended by adding at the end 
     the following new section:

     ``SEC. 5. REPORTING REQUIREMENTS.

       ``(a) Annual Report.--Not later than one year after the 
     date of the enactment of this section, and annually 
     thereafter for three years, the Commissioner of U.S. Customs 
     and Border Protection shall submit a report to Congress that 
     includes, with respect to the reporting period--
       ``(1) the number of waivers granted and denied under 
     section 3(b);
       ``(2) the reasons for any denials of such waiver;
       ``(3) the percentage of applicants who were hired after 
     receiving a waiver;
       ``(4) the number of instances that a polygraph was 
     administered to an applicant who initially received a waiver 
     and the results of such polygraph;
       ``(5) an assessment of the current impact of the polygraph 
     waiver program on filling law enforcement positions at U.S. 
     Customs and Border Protection;
       ``(6) additional authorities needed by U.S. Customs and 
     Border Protection to better utilize the polygraph waiver 
     program for its intended goals; and
       ``(7) any disciplinary actions taken against law 
     enforcement officers hired under the waiver authority 
     authorized under section 3(b).
       ``(b) Additional Information.--The first report submitted 
     under subsection (a) shall include--
       ``(1) an analysis of other methods of employment 
     suitability tests that detect deception and could be used in 
     conjunction with traditional background investigations to 
     evaluate potential employees for suitability; and
       ``(2) a recommendation regarding whether a test referred to 
     in paragraph (1) should be adopted by U.S. Customs and Border 
     Protection when the polygraph examination requirement is 
     waived pursuant to section 3(b).''.
       (c) GAO Report.--The Anti-Border Corruption Act of 2010 
     (Public Law 111-376; 124 Stat. 4104), as amended by 
     subsection (b) of this section, is further amended by adding 
     at the end the following new section:

     ``SEC. 6. GAO REPORT.

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

     ``SEC. 7. DEFINITIONS.

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

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

     SEC. 4121. ALTERNATIVES TO DETENTION IMPROVEMENTS.

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

     SEC. 4122. TRAINING FOR U.S. BORDER PATROL.

       (a) In General.--The Commissioner of U.S. Customs and 
     Border Protection shall require all U.S. Border Patrol agents 
     and other employees or contracted employees designated by the 
     Commissioner to participate in annual continuing training to 
     maintain and update their understanding of--
       (1) Department of Homeland Security policies, procedures, 
     and guidelines;
       (2) the fundamentals of law (including the Fourth Amendment 
     to the Constitution of the United States), ethics, and 
     professional conduct;
       (3) applicable Federal law and regulations;
       (4) applicable migration trends that the Commissioner 
     determines are relevant;
       (5) best practices for coordinating with community 
     stakeholders;
       (6) de-escalation training; and
       (7) any other information the Commissioner determines to be 
     relevant to active duty agents.
       (b) Training Subjects.--Continuing training under this 
     section shall include training regarding--

[[Page S740]]

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

                CHAPTER 4--MODERNIZING NOTICES TO APPEAR

     SEC. 4131. ELECTRONIC NOTICES TO APPEAR.

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

     SEC. 4132. AUTHORITY TO PREPARE AND ISSUE NOTICES TO APPEAR.

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

              Subtitle B--Asylum Processing at the Border

     SEC. 4141. PROVISIONAL NONCUSTODIAL REMOVAL PROCEEDINGS.

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

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

       ``(a) General Rules.--
       ``(1) Circumstances warranting noncustodial proceedings.--
     The Secretary, based upon operational circumstances, may 
     refer an alien applicant for admission for proceedings 
     described in this section if the alien--
       ``(A) indicates an intention to apply for a protection 
     determination; or
       ``(B) expresses a credible fear of persecution (as defined 
     in section 235(b)(1)(B)(v)) or torture.
       ``(2) Release from custody.--Aliens referred for 
     proceedings under this section shall be released from 
     physical custody and processed in accordance with the 
     procedures described in this section.
       ``(3) Alternatives to detention.--An adult alien, including 
     a head of household, who has been referred for a proceeding 
     under this section shall be supervised under the Alternatives 
     to Detention program of U.S. Immigration and Customs 
     Enforcement immediately upon release from physical custody 
     and continuing for the duration of such proceeding.
       ``(4) Family unity.--The Secretary shall ensure, to the 
     greatest extent practicable, that the referral of a family 
     unit for proceedings under this section includes all members 
     of such family unit who are traveling together.
       ``(5) Exceptions.--
       ``(A) Unaccompanied alien children.--The provisions under 
     this section may not be applied to unaccompanied alien 
     children (as defined in section 462(g) of the Homeland 
     Security Act of 2002 (6 U.S.C. 279(g))).
       ``(B) Applicability limitation.--
       ``(i) In general.--The Secretary shall only refer for 
     proceedings under this section an alien described in clause 
     (ii).
       ``(ii) Alien described.-- An alien described in this clause 
     is an alien who--

       ``(I) has not affirmatively shown, to the satisfaction of 
     an immigration officer, that the alien has been physically 
     present in the United States for more than the 14-day period 
     immediately prior to the date on which the alien was 
     encountered by U.S. Customs and Border Protection; and
       ``(II) was encountered within 100 air miles of the 
     international land borders of the United States.

       ``(6) Timing.--The provisional noncustodial removal 
     proceedings described in this section shall conclude, to the 
     maximum extent practicable, not later than 90 days after the 
     date the alien is inspected and determined inadmissible.
       ``(b) Procedures for Provisional Noncustodial Removal 
     Proceedings.--
       ``(1) Commencement.--
       ``(A) In general.--Provisional noncustodial removal 
     proceedings shall commence under this section with respect to 
     an alien immediately after the Secretary properly serves a 
     notice of removal proceedings on the alien.
       ``(B) 90-day timeframe.--The 90-day period under subsection 
     (a)(6) with respect to an alien shall commence upon an 
     inspection and inadmissibility determination of the alien.
       ``(2) Service and notice of interview requirements.--In 
     provisional noncustodial removal proceedings conducted under 
     this section, the Secretary shall--
       ``(A) serve notice to the alien or, if personal service is 
     not practicable, to the alien's counsel of record;
       ``(B) ensure that such notice, to the maximum extent 
     practicable, is in the alien's native language or in a 
     language the alien understands; and
       ``(C) include in such notice--
       ``(i) the nature of the proceedings against the alien;
       ``(ii) the legal authority under which such proceedings 
     will be conducted; and
       ``(iii) the charges against the alien and the statutory 
     provisions the alien is alleged to have violated;
       ``(D) inform the alien of his or her obligation--
       ``(i) to immediately provide (or have provided) to the 
     Secretary, in writing, the mailing address, contact 
     information, email address or other electronic address, and 
     telephone number (if any), at which the alien may be 
     contacted respecting the proceeding under this section; and
       ``(ii) to provide to the Secretary, in writing, any change 
     of the alien's mailing address or telephone number shortly 
     after any such change;
       ``(E) include in such notice--
       ``(i) the time and place at which the proceeding under this 
     section will be held, which shall be communicated, to the 
     extent practicable, before or during the alien's release from 
     physical custody; or
       ``(ii) immediately after release, the time and place of 
     such proceeding, which shall be provided not later than 10 
     days before the scheduled protection determination interview 
     and shall be considered proper service of the commencement of 
     proceedings; and
       ``(F) inform the alien of--
       ``(i) the consequences to which the alien would be subject 
     pursuant to section 240(b)(5) if the alien fails to appear at 
     such proceeding, absent exceptional circumstances;
       ``(ii) the alien's right to be represented, at no expense 
     to the Federal Government, by any counsel or accredited 
     representative selected by the alien who is authorized to 
     represent an alien in such a proceeding; and
       ``(G) the information described in section 
     235(b)(1)(B)(iv)(II).
       ``(3) Protection determination.--
       ``(A) In general.--To the maximum extent practicable, 
     within 90 days after the date on which an alien is referred 
     for proceedings under this section, an asylum officer shall 
     conduct a protection determination of such

[[Page S741]]

     alien in person or through a technology appropriate for 
     protection determinations.
       ``(B) Access to counsel.--In any proceeding under this 
     section or section 240D before U.S. Citizenship and 
     Immigration Services and in any appeal of the result of such 
     a proceeding, an alien shall have the privilege of being 
     represented, at no expense to the Federal Government, by 
     counsel authorized to represent an alien in such a 
     proceeding.
       ``(C) Procedures and evidence.--The asylum officer may 
     receive into evidence any oral or written statement that is 
     material and relevant to any matter in the protection 
     determination. The testimony of the alien shall be under oath 
     or affirmation administered by the asylum officer.
       ``(D) Interpreters.--Whenever necessary, the asylum officer 
     shall procure the assistance of an interpreter, to the 
     maximum extent practicable, in the alien's native language or 
     in a language the alien understands, during any protection 
     determination.
       ``(E) Location.--
       ``(i) In general.--Any protection determination authorized 
     under this section shall occur in--

       ``(I) a U.S. Citizenship and Immigration Services office;
       ``(II) a facility managed, leased, or operated by U.S. 
     Citizenship and Immigration Services;
       ``(III) any other location designated by the Director of 
     U.S. Citizenship and Immigration Services; or
       ``(IV) any other federally owned or federally leased 
     building that--

       ``(aa) the Director has authorized or entered into a 
     memorandum of agreement to be used for such purpose; and
       ``(bb) meets the special rules under clause (ii) and the 
     minimum requirements under clause (iii).
       ``(ii) Special rules.--

       ``(I) Location.--A protection determination may not be 
     conducted in a facility that is managed, leased, owned, or 
     operated by U.S. Immigration and Customs Enforcement or U.S. 
     Customs and Border Protection.
       ``(II) Reasonable time.--The Secretary shall ensure that a 
     protection determination is conducted during a reasonable 
     time of the day.
       ``(III) Geographical limitation.--The Secretary shall 
     ensure that each protection determination for an alien is 
     scheduled at a facility that is a reasonable distance from 
     the current residence of such alien.
       ``(IV) Protection for children.--In the case of a family 
     unit, the Secretary shall ensure that the best interests of 
     the child or children are considered when conducting a 
     protection determination of the child's family unit.

       ``(iii) Minimum location requirement.--Each facility that 
     the Director authorizes to be used to conduct protection 
     determinations shall--

       ``(I) have adequate security measures to protect Federal 
     employees, aliens, and beneficiaries for benefits; and
       ``(II) ensure the best interests of the child or children 
     are prioritized pursuant to clause (ii)(IV) if such children 
     are present at the protection determination.

       ``(F) Written record.--The asylum officer shall prepare a 
     written record of each protection determination, which--
       ``(i) shall be provided to the alien, or to the alien's 
     counsel of record, upon a decision; and
       ``(ii) shall include--

       ``(I) a summary of the material facts stated by the alien;
       ``(II) any additional facts relied upon by the asylum 
     officer;
       ``(III) the asylum officer's analysis of why, in the light 
     of the facts referred to in subclauses (I) and (II), the 
     alien has or has not established a positive or negative 
     outcome from the protection determination; and
       ``(IV) a copy of the asylum officer's interview notes.

       ``(G) Rescheduling.--
       ``(i) In general.--The Secretary shall promulgate 
     regulations that permit an alien to reschedule a protection 
     determination in the event of exceptional circumstances.
       ``(ii) Tolling of time limitation.--If an interview is 
     rescheduled at the request of an alien, the period between 
     the date on which the protection determination was originally 
     scheduled and the date of the rescheduled interview shall not 
     count toward the 90-day period referred to in subsection 
     (a)(6).
       ``(H) Withdrawal of application, voluntary departure, and 
     voluntary repatriation.--
       ``(i) Voluntary departure.--The Secretary may permit an 
     alien to voluntarily depart in accordance with section 240E.
       ``(ii) Withdrawal of application.--The Secretary may permit 
     an alien, at any time before the protection merits interview, 
     to withdraw his or her application and depart immediately 
     from the United States in accordance with section 240F.
       ``(iii) Voluntary repatriation.--The Secretary may permit 
     an alien to voluntarily repatriate in accordance with section 
     240G.
       ``(I) Conversion to removal proceedings under section 
     240.--The asylum officer or immigration officer may refer or 
     place an alien into removal proceedings under section 240 by 
     issuing a notice to appear for the purpose of initiating such 
     proceedings if either such officer determines that--
       ``(i) such proceedings are required in order to permit the 
     alien to seek an immigration benefit for which the alien is 
     legally entitled to apply; and
       ``(ii) such application requires such alien to be placed 
     in, or referred to proceedings under section 240 that are not 
     available to such alien under this section.
       ``(J) Protection of information.--
       ``(i) Sensitive or law enforcement information.--Nothing in 
     this section may be construed to compel any employee of the 
     Department of Homeland Security to disclose any information 
     that is otherwise protected from disclosure by law.
       ``(ii) Protection of certain information.--Before providing 
     the record described in subparagraph (F) to the alien or to 
     the alien's counsel of record, the Director shall protect any 
     information that is prohibited by law from being disclosed.
       ``(c) Protection Determination.--
       ``(1) Identity verification.--The Secretary may not conduct 
     the protection determination with respect to an alien until 
     the identity of the alien has been checked against all 
     appropriate records and databases maintained by the Attorney 
     General, the Secretary of State, or the Secretary.
       ``(2) In general.--
       ``(A) Eligibility.--Upon the establishing the identity of 
     an alien pursuant to paragraph (1), the asylum officer shall 
     conduct a protection determination in a location selected in 
     accordance with this section.
       ``(B) Outcome.--
       ``(i) Positive protection determination outcome.--If the 
     protection determination conducted pursuant to subparagraph 
     (A) results in a positive protection determination outcome, 
     the alien shall be referred to protection merits removal 
     proceedings in accordance with the procedures described in 
     paragraph (4).
       ``(ii) Negative protection determination outcome.--If such 
     protection determination results in a negative protection 
     determination outcome, the alien shall be subject to the 
     process described in subsection (d).
       ``(3) Record.--
       ``(A) Use of record.--In each protection determination, or 
     any review of such determination, the record of the alien's 
     protection determination required under subsection (b)(3)(F) 
     shall constitute the underlying application for the alien's 
     application for asylum, withholding of removal under section 
     241(b)(3), or protection under the Convention Against Torture 
     for purposes of the protection merits interview.
       ``(B) Date of filing.--The date on which the Secretary 
     issues a notification of a positive protection determination 
     pursuant to paragraph (2)(B)(i) shall be considered, for all 
     purposes, the date of filing and the date of receipt of the 
     alien's application for asylum, withholding of removal under 
     section 241(b)(3), or protection under the Convention Against 
     Torture, as applicable.
       ``(4) Referral for protection merits removal proceedings.--
       ``(A) In general.--If the alien receives a positive 
     protection determination--
       ``(i) the alien shall be issued employment authorization 
     pursuant to section 235C; and
       ``(ii) subject to paragraph (5), the asylum officer shall 
     refer the alien for protection merits removal proceedings 
     described in section 240D.
       ``(B) Notifications.--As soon as practicable after a 
     positive protection determination, the Secretary shall--
       ``(i) issue a written notification to the alien of the 
     outcome of such determination;
       ``(ii) include all of the information described in 
     subsection (b)(2); and
       ``(iii) ensure that such notification and information 
     concerning the procedures under section 240D, shall be made, 
     at a minimum, not later than 30 days before the date on which 
     the required protection merits interview under section 240D 
     occurs.
       ``(5) Authority to grant relief or protection.--
       ``(A) In general.--If an alien demonstrates, by clear and 
     convincing evidence, that the alien is eligible for asylum, 
     withholding of removal under section 241(b)(3), or protection 
     under the Convention Against Torture during the protection 
     determination, the asylum officer, subject to the procedures 
     under subparagraph (B), may grant an application for such 
     relief or protection submitted by such alien without 
     referring the alien to protection merits removal proceedings 
     under section 240D.
       ``(B) Supervisory review.--
       ``(i) In general.--An application granted by an asylum 
     officer under subparagraph (A) shall be reviewed by a 
     supervisory asylum officer to determine whether such grant is 
     warranted.
       ``(ii) Limitation.--A decision by an asylum officer to 
     grant an application under subparagraph (A) shall not be 
     final, and the alien shall not be notified of such decision, 
     unless a supervisory asylum officer first determines, based 
     on the review conducted pursuant to clause (i), that such a 
     grant is warranted.
       ``(iii) Effect of approval.--If the supervisor determines 
     that granting an alien's application for relief or protection 
     is warranted--

       ``(I) such application shall be approved; and
       ``(II) the alien shall receive written notification of such 
     decision as soon as practicable.

       ``(iv) Effect of non-approval.--If the supervisor 
     determines that the grant is not warranted, the alien shall 
     be referred for protection merits removal proceedings under 
     section 240D.
       ``(C) Special rules.--Notwithstanding any other provision 
     of law--

[[Page S742]]

       ``(i) if an alien's application for asylum is approved 
     pursuant to subparagraph (B)(iii), the asylum officer may not 
     issue an order of removal; and
       ``(ii) if an alien's application for withholding of removal 
     under section 241(b)(3) or for withholding or deferral of 
     removal under the Convention Against Torture is approved 
     pursuant to subparagraph (B)(iii), the asylum officer shall 
     issue a corresponding order of removal.
       ``(D) Biannual report.--The Director shall submit a 
     biannual report to the relevant committees of Congress that 
     includes, for the relevant period--
       ``(i) the number of cases described in subparagraph (A) 
     that were referred to a supervisor pursuant to subparagraph 
     (B), disaggregated by asylum office;
       ``(ii) the number of cases described in clause (i) that 
     were approved subsequent to the referral to a supervisor 
     pursuant to subparagraph (B);
       ``(iii) the number of cases described in clause (i) that 
     were not approved subsequent to the referral to a supervisor 
     pursuant to subparagraph (B);
       ``(iv) a summary of the benefits for which any aliens 
     described in subparagraph (A) were considered amenable and 
     whose cases were referred to a supervisor pursuant to 
     subparagraph (B), disaggregated by case outcome referred to 
     in clauses (ii) and (iii);
       ``(v) a description of any anomalous case outcomes for 
     aliens described in subparagraph (A) whose cases were 
     referred to a supervisor pursuant subparagraph (B); and
       ``(vi) a description of any actions taken to remedy the 
     anomalous case outcomes referred to in clause (v).
       ``(E) Protection of personally identifiable information.--
     In preparing each report pursuant to subparagraph (D), the 
     Director shall--
       ``(i) protect any personally identifiable information 
     associated with aliens described in subparagraph (A); and
       ``(ii) comply with all applicable privacy laws.
       ``(6) Employment authorization.--An alien whose application 
     for relief or protection has been approved by a supervisor 
     pursuant to paragraph (5)(B) shall be issued employment 
     authorization under section 235C.
       ``(d) Negative Protection Determination.--
       ``(1) In general.--If an alien receives a negative 
     protection determination, the asylum officer shall--
       ``(A) provide such alien with written notification of such 
     determination; and
       ``(B) subject to paragraph (2), order the alien removed 
     from the United States without hearing or review.
       ``(2) Opportunity to request reconsideration or appeal.--
     The Secretary shall notify any alien described in paragraph 
     (1) immediately after receiving notification of a negative 
     protection determination under this subsection that he or 
     she--
       ``(A) may request reconsideration of such determination in 
     accordance with paragraph (3); and
       ``(B) may request administrative review of such protection 
     determination decision in accordance with paragraph (4).
       ``(3) Request for reconsideration.--
       ``(A) In general.--Any alien with respect to whom a 
     negative protection determination has been made may submit a 
     request for reconsideration to U.S. Citizenship and 
     Immigration Services not later than 5 days after such 
     determination.
       ``(B) Decision.--The Director, or designee, in the 
     Director's unreviewable discretion, may grant or deny a 
     request for reconsideration made pursuant to subparagraph 
     (A), which decision shall not be subject to review.
       ``(4) Administrative review.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the administrative review of a protection determination with 
     respect to an alien under this subsection shall be based on 
     the record before the asylum officer at the time at which 
     such protection determination was made.
       ``(B) Exception.--An alien referred to in subparagraph (A), 
     or the alien's counsel of record, may submit such additional 
     evidence or testimony in accordance with such policies and 
     procedures as the Secretary may prescribe.
       ``(C) Review.--Each review described in subparagraph (A) 
     shall be conducted by the Protection Appellate Board.
       ``(D) Standard of review.--In accordance with the 
     procedures prescribed by the Secretary, the Protection 
     Appellate Board, upon the request of an alien, or the alien's 
     counsel of record, shall conduct a de novo review of the 
     record of the protection determination carried out pursuant 
     to this section with respect to the alien.
       ``(E) Determination.--
       ``(i) Timing.--The Protection Appellate Board shall 
     complete a review under this paragraph, to the maximum extent 
     practicable, not later than 72 hours after receiving a 
     request from an alien pursuant to subparagraph (D).
       ``(ii) Effect of positive determination.--If, after 
     conducting a review under this paragraph, the Protection 
     Appellate Board determines that an alien has a positive 
     protection determination, the alien shall be referred for 
     protection merits removal proceedings under section 240D.
       ``(iii) Effect of negative determination.--If, after 
     conducting a review under this paragraph, the Protection 
     Appellate Board determines that an alien has a negative 
     protection determination, the alien shall be ordered removed 
     from the United States without additional review.
       ``(5) Jurisdictional matters.--In any action brought 
     against an alien under section 275(a) or 276, the court shall 
     not have jurisdiction to hear any claim attacking the 
     validity of an order of removal entered pursuant to 
     subsection (c)(5)(C)(ii).
       ``(e) Service of Protection Determination Decision.--
       ``(1) Protection determination decision.--
       ``(A) In general.--Upon reaching a decision regarding a 
     protection determination, the Secretary shall--
       ``(i) immediately notify the alien, and the alien's counsel 
     of record, if applicable, that a determination decision has 
     been made; and
       ``(ii) schedule the service of the protection determination 
     decision, which shall take place, to the maximum extent 
     practicable, not later than 5 days after such notification.
       ``(B) Special rules.--
       ``(i) Location.--Each service of a protection determination 
     decision scheduled pursuant to subparagraph (A)(ii) may occur 
     at--

       ``(I) a U.S. Immigration and Customs Enforcement facility;
       ``(II) an Immigration Court; or
       ``(III) any other federally owned or federally leased 
     building that--

       ``(aa) the Secretary has authorized or entered into a 
     memorandum of agreement to be used for such purpose; and
       ``(bb) meets the minimum requirements under this 
     subparagraph.
       ``(ii) Minimum requirements.--In conducting each service of 
     a protection determination decision, the Director shall 
     ensure compliance with the requirements set forth in clauses 
     (ii)(II), (ii)(III), (ii)(IV), and (iii) of subsection 
     (b)(3)(E).
       ``(2) Procedures for service of protection determination 
     decisions.--
       ``(A) Written decision.--The Secretary shall ensure that 
     each alien and the alien's counsel of record, if applicable, 
     attending a determination decision receives a written 
     decision that includes, at a minimum, the articulated basis 
     for the denial of the protection benefit sought by the alien.
       ``(B) Language access.--The Secretary shall ensure that 
     each written decision required under subparagraph (A) is 
     delivered to the alien in--
       ``(i) the alien's native language, to the maximum extent 
     practicable; or
       ``(ii) another language the alien understands.
       ``(C) Access to counsel.--An alien who has obtained the 
     services of counsel shall be represented by such counsel, at 
     no expense to the Federal Government, at the service of the 
     protection determination. Nothing in this subparagraph may be 
     construed to create a substantive due process right or to 
     unreasonably delay the scheduling of the service of the 
     protection determination.
       ``(D) Asylum officer.--A protection determination decision 
     may only be served by an asylum officer.
       ``(E) Protections for asylum officer decisions based on the 
     merits of the case.--The Secretary may not impose 
     restrictions on an asylum officer's ability to grant or deny 
     relief sought by an alien in a protection determination or 
     protection merits interview based on a numerical limitation.
       ``(3) Negative protection determination.--
       ``(A) Advisement of rights and opportunities.--If an alien 
     receives a negative protection determination decision, the 
     asylum officer shall--
       ``(i) advise the alien if an alternative option of return 
     is available to the alien, including--

       ``(I) voluntary departure;
       ``(II) withdrawal of the alien's application for admission; 
     or
       ``(III) voluntary repatriation; and

       ``(ii) provide written or verbal information to the alien 
     regarding the process, procedures, and timelines for 
     appealing such denial, to the maximum extent practicable, in 
     the alien's native language, or in a language the alien 
     understands.
       ``(4) Protection for children.--In the case of a family 
     unit, the Secretary shall ensure that the best interests of 
     the child or children are considered when conducting a 
     protection determination of the child's family unit.
       ``(5) Final order of removal.--If an alien receives a 
     negative protection determination decision, an alien shall be 
     removed in accordance with section 241 upon a final order of 
     removal.
       ``(f) Failure To Conduct Protection Determination.--
       ``(1) In general.--If the Secretary fails to conduct a 
     protection determination for an alien during the 90-day 
     period set forth in subsection (b)(3)(A), such alien shall be 
     referred for protection merits removal proceedings in 
     accordance with 240D.
       ``(2) Notice of protection merits interview.--
       ``(A) In general.--If an alien is referred for protection 
     merits removal proceedings pursuant to paragraph (1), the 
     Secretary shall properly file with U.S. Citizenship and 
     Immigration Services and serve upon the alien, or the alien's 
     counsel of record, a notice of a protection merits interview, 
     in accordance with subsection (b)(2).
       ``(B) Contents.--Each notice of protection merits interview 
     served pursuant to subparagraph (A)--
       ``(i) shall include each element described in subsection 
     (b)(2); and
       ``(ii) shall--

[[Page S743]]

       ``(I) inform the alien that an application for protection 
     relief shall be submitted to the Secretary not later than 30 
     days before the date on which the alien's protection merits 
     interview is scheduled;
       ``(II) inform the alien that he or she shall receive 
     employment authorization, pursuant to section 235C, not later 
     than 30 days after filing the application required under 
     subclause (I);
       ``(III) inform the alien that he or she may submit evidence 
     into the record not later than 30 days before the date on 
     which the alien's protection merits interview is scheduled;
       ``(IV) describe--

       ``(aa) the penalties resulting from the alien's failure to 
     file the application required under subclause (I); and
       ``(bb) the terms and conditions for redressing such failure 
     to file; and

       ``(V) describe the penalties resulting from the alien's 
     failure to appear for a scheduled protection merits 
     interview.

       ``(3) Date of filing.--The date on which an application for 
     protection relief is received by the Secretary shall be 
     considered the date of filing and receipt for all purposes.
       ``(4) Effect of failure to file.--
       ``(A) In general.--Failure to timely file an application 
     for protection relief under this subsection will result in an 
     order of removal, absent exceptional circumstances.
       ``(B) Opportunity for redress.--
       ``(i) In general.--The Secretary shall promulgate 
     regulations authorizing a 15-day opportunity for redress to 
     file an application for protection relief if there are 
     exceptional circumstances regarding the alien's failure to 
     timely file an application for protection relief.
       ``(ii) Contents.--Each application submitted pursuant to 
     clause (i) shall--

       ``(I) describe the basis for such request;
       ``(II) include supporting evidence; and
       ``(III) identify the exceptional circumstances that led to 
     the alien's failure to file the application for protection 
     relief in a timely manner.

       ``(C) Decision .--In evaluating a request for redress 
     submitted pursuant to subparagraph (B)(i), the Director, or 
     designee--
       ``(i) shall determine whether such request rises to the 
     level of exceptional circumstances; and
       ``(ii) may schedule a protection determination interview.
       ``(5) Employment authorization.--
       ``(A) In general.--Employment authorization shall be 
     provided to aliens described in this subsection in accordance 
     with section 235C.
       ``(B) Revocation.--The Secretary may revoke the employment 
     authorization provided to any alien processed under this 
     section or section 240D if such alien--
       ``(i) has obtained authorization for employment pursuant to 
     the procedures described in section 235C; and
       ``(ii) absent exceptional circumstances, subsequently fails 
     to appear for a protection determination under subsection 
     (b)(3) or a protection merits interview under 240D(c)(3).
       ``(g) Failure To Appear.--
       ``(1) Protection merits interview.--The provisions of 
     section 240(b)(5) shall apply to proceedings under this 
     section.
       ``(2) Opportunity to redress.--
       ``(A) In general.--Not later than 15 days after the date on 
     which an alien fails to appear for a scheduled protection 
     determination or protection merits interview, the alien may 
     submit a written request for a rescheduled protection 
     determination or protection merits interview.
       ``(B) Contents.--Each request submitted pursuant to 
     subparagraph (A) shall--
       ``(i) describe the basis for such request;
       ``(ii) include supporting evidence; and
       ``(iii) identify the exceptional circumstances that led to 
     the alien's failure to appear.
       ``(C) Decision.--In evaluating a request submitted pursuant 
     to subparagraph (A), the Director, or designee shall 
     determine whether the evidence included in such request rises 
     to the level of exceptional circumstances. Such decision 
     shall not be reviewable.
       ``(h) Rulemaking.--
       ``(1) In general.--The Secretary may promulgate such 
     regulations as are necessary to implement this section in 
     compliance with the requirements of section 553 of title 5, 
     United States Code.
       ``(2) Initial implementation.--Until the date that is 180 
     days after the date of the enactment of this section, the 
     Secretary may issue any interim final rules necessary to 
     implement this section without having to satisfy the 
     requirements of section 553(b)(B) of title 5, United States 
     Code, provided that any such interim final rules shall 
     include a 30-day post promulgation notice and comment period 
     prior to finalization in the Federal Register.
       ``(3) Requirement.--All regulations promulgated to 
     implement this section beginning on the date that is 180 days 
     after the date of the enactment of this section, shall be 
     issued pursuant to the requirements set forth in section 553 
     of title 5, United States Code.
       ``(i) Savings Provisions.--
       ``(1) Expedited removal.--Nothing in this section may be 
     construed to expand or restrict the Secretary's discretion to 
     carry out expedited removals pursuant to section 235 to the 
     extent authorized by law. The Secretary shall not refer or 
     place an alien in proceedings under section 235 if the alien 
     has already been placed in or referred to proceedings under 
     this section or section 240D.
       ``(2) Detention.--Nothing in this section may be construed 
     to affect the authority of the Secretary to detain an alien 
     released pursuant to this section if otherwise authorized by 
     law.
       ``(3) Settlement agreements.--Nothing in this section may 
     be construed--
       ``(A) to expand or restrict any settlement agreement in 
     effect as of the date of the enactment of this section; or
       ``(B) to abrogate any provision of the stipulated 
     settlement agreement in Reno v. Flores, as filed in the 
     United States District Court for the Central District of 
     California on January 17, 1997 (CV-85-4544-RJK), including 
     all subsequent court decisions, orders, agreements, and 
     stipulations.
       ``(4) Impact on other removal proceedings.--The provisions 
     of this section may not be interpreted to apply to any other 
     form of removal proceedings.
       ``(5) Special rule.--For aliens who are natives or citizens 
     of Cuba released pursuant to this section and who are 
     otherwise eligible for adjustment of status under the first 
     section of Public Law 89-732 (8 U.S.C. 1255 note) (commonly 
     known as the `Cuban Adjustment Act'), the requirement that an 
     alien has been inspected and admitted or paroled into the 
     United States shall not apply. Aliens who are natives or 
     citizens of Cuba or Haiti and have been released pursuant to 
     section 240 (8 U.S.C. 1229) shall be considered to be 
     individuals described in section 501(e)(1) of the Refugee 
     Education Assistance Act of 1980 (8 U.S.C. 1522 note).
       ``(6) Review of protection determinations.--Except for 
     reviews of constitutional claims, no court shall have 
     jurisdiction to review a protection determination issued by 
     U.S. Citizenship and Immigration Services under this section.
       ``(7) Final removal orders.--No court shall have 
     jurisdiction to review a final order of removal issued under 
     this section.
       ``(j) Judicial Review.--Notwithstanding any other provision 
     of this Act, judicial review of any decision or action in 
     this section shall be governed only by the United States 
     District Court for the District of Columbia, which shall have 
     sole and original jurisdiction to hear challenges, whether 
     constitutional or otherwise, to the validity of this section 
     or any written policy directive, written policy guideline, 
     written procedure, or the implementation thereof, issued by 
     or under the authority of the Secretary to implement this 
     section.
       ``(k) Reports on Asylum Officer Grant Rates.--
       ``(1) Publication of annual report.--Not later than 1 year 
     after the date of the enactment of the Border Act, and 
     annually thereafter, the Director of U.S. Citizenship and 
     Immigration Services shall publish a report, on a publicly 
     accessible website of U.S. Citizenship and Immigration 
     Services, which includes, for the reporting period--
       ``(A) the number of protection determinations that were 
     approved or denied; and
       ``(B) a description of any anomalous incidents identified 
     by the Director, including any action taken by the Director 
     to address such an incident.
       ``(2) Semiannual report to congress.--
       ``(A) In general.--Not less frequently than twice each 
     year, the Director of U.S. Citizenship and Immigration 
     Services shall submit a report to the relevant committees of 
     Congress that includes, for the preceding reporting period, 
     and aggregated for the applicable calendar year--
       ``(i) the number of cases in which a protection 
     determination or protection merits interview has been 
     completed; and
       ``(ii) for each asylum office or duty station to which more 
     than 20 asylum officers are assigned--

       ``(I) the median percentage of positive determinations and 
     protection merits interviews in the cases described in clause 
     (i);
       ``(II) the mean percentage of negative determinations and 
     protection merits interviews in such cases; and
       ``(III) the number of cases described in subsection (c)(5) 
     in which an alien was referred to a supervisor after 
     demonstrating, by clear and convincing evidence, eligibility 
     for asylum, withholding of removal, or protection under the 
     Convention Against Torture, disaggregated by benefit type;
       ``(IV) the number of cases described in clause (i) that 
     were approved by a supervisor; and
       ``(V) the number of cases described in clause (i) that were 
     not approved by a supervisor.

       ``(B) Presentation of data.--The information described in 
     subparagraph (A) shall be provided in the format of aggregate 
     totals by office or duty station.
       ``(l) Definitions.--In this section:
       ``(1) Application for protection relief.--The term 
     `application for protection relief' means any request, 
     application or petition authorized by the Secretary for 
     asylum, withholding of removal, or protection under the 
     Convention Against Torture.
       ``(2) Asylum officer.--The term `asylum officer' has the 
     meaning given such term in section 235(b)(1)(E).
       ``(3) Convention against torture.--The term `Convention 
     Against Torture' means the United Nations Convention Against 
     Torture and Other Cruel, Inhuman or Degrading Treatment or 
     Punishment, done at New York December 10, 1984, including any 
     implementing regulations.

[[Page S744]]

       ``(4) Director.--The term `Director' means the Director of 
     U.S. Citizenship and Immigration Services.
       ``(5) Exceptional circumstances.--The term `exceptional 
     circumstances' has the meaning given such term in section 
     240(e)(1).
       ``(6) Final order of removal.--The term `final order of 
     removal' means an order of removal made by an asylum officer 
     at the conclusion of a protection determination, and any 
     appeal of such order, as applicable.
       ``(7) Protection appellate board.--The term `Protection 
     Appellate Board' means the Protection Appellate Board 
     established under section 463 of the Homeland Security Act of 
     2002.
       ``(8) Protection determination decision.--The term 
     `protection determination decision' means the service of a 
     negative or positive protection determination outcome.
       ``(9) Relevant committees of congress.--The term `relevant 
     committees of Congress' means--
       ``(A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       ``(B) the Committee on the Judiciary of the Senate;
       ``(C) the Committee on Appropriations of the Senate;
       ``(D) the Committee on Homeland Security of the House of 
     Representatives;
       ``(E) the Committee on the Judiciary of the House of 
     Representatives;
       ``(F) the Committee on Appropriations of the House of 
     Representatives; and
       ``(G) the Committee on Oversight and Accountability of the 
     House of Representatives.
       ``(10) Secretary.--The term `Secretary' means the Secretary 
     of Homeland Security.''.
       (b) Clerical Amendment.--The table of contents of the 
     Immigration and Nationality Act (8 U.S.C. 1101 note) is 
     amended by inserting after the item relating to section 235A 
     the following:

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

     SEC. 4142. PROTECTION MERITS REMOVAL PROCEEDINGS.

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

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

       ``(a) Commencement of Proceedings.--Removal proceedings 
     under this section shall commence immediately after the 
     Secretary properly serves notice on an alien who was--
       ``(1) processed under section 235B and referred under 
     subsection (c)(4) of that section after having been issued a 
     notice of a positive protection determination under such 
     subsection; or
       ``(2) referred under section 235B(f).
       ``(b) Duration of Proceedings.--To the maximum extent 
     practicable, proceedings under this section shall conclude 
     not later than 90 days after the date on which such 
     proceedings commence.
       ``(c) Procedures.--
       ``(1) Service and notice requirements.--Upon the 
     commencement of proceedings under this section, the Secretary 
     shall provide notice of removal proceedings to the alien, or 
     if personal service is not practicable, to the alien's 
     counsel of record. Such notice shall be provided, to the 
     maximum extent practicable, in the alien's native language, 
     or in a language the alien understands, and shall specify or 
     provide--
       ``(A) the nature of the proceedings against the alien;
       ``(B) the legal authority under which such proceedings will 
     be conducted;
       ``(C) the charges against the alien and the statutory 
     provisions alleged to have been violated by the alien;
       ``(D) that the alien shall--
       ``(i) immediately provide (or have provided) to the 
     Secretary, in writing, the mailing address, contact 
     information, email address or other electronic address, and 
     telephone number (if any) at which the alien may be contacted 
     respecting the proceeding under this section; and
       ``(ii) provide to the Secretary, in writing, any change of 
     the alien's mailing address or telephone number after any 
     such change;
       ``(E)(i) the time and place at which the proceeding under 
     this section will be held, which information shall be 
     communicated, to the extent practicable, before or during the 
     alien's release from physical custody; or
       ``(ii) immediately after release, the time and place of 
     such proceeding shall be provided to the alien, or to the 
     alien's counsel of record, not later than 10 days before the 
     scheduled protection determination interview, which shall be 
     considered proper service of the commencement of proceedings;
       ``(F) the consequences for the alien's failure to appear at 
     such proceeding pursuant to section 240(b)(5)(A), absent 
     exceptional circumstances;
       ``(G) the alien's right to be represented, at no expense to 
     the Federal Government, by any counsel, or an accredited 
     representative, selected by the alien who is authorized to 
     practice in such a proceeding; and
       ``(H) information described in section 
     235(b)(1)(B)(iv)(II).
       ``(2) Alternatives to detention.--An adult alien, including 
     a head of household, who has been referred for proceedings 
     under this section, shall be supervised under the 
     Alternatives to Detention program of U.S. Immigration and 
     Customs Enforcement for the duration of such proceedings.
       ``(3) Protection merits interview.--
       ``(A) In general.--An asylum officer shall conduct a 
     protection merits interview of each alien processed under 
     this section.
       ``(B) Access to counsel.--Section 235B(b)(3)(B) shall apply 
     to proceedings under this section.
       ``(C) Procedures and evidence.--The asylum officer may 
     receive into evidence any oral or written statement that is 
     material and relevant to any matter in the protection merits 
     interview. The testimony of the alien shall be under oath or 
     affirmation, which shall be administered by the asylum 
     officer.
       ``(D) Translation of documents.--Any foreign language 
     document offered by a party in proceedings under this section 
     shall be accompanied by an English language translation and a 
     certification signed by the translator, which shall be 
     printed legibly or typed. Such certification shall include a 
     statement that the translator is competent to translate the 
     document, and that the translation is true and accurate to 
     the best of the translator's abilities.
       ``(E) Interpreters.--An interpreter may be provided to the 
     alien for the proceedings under this section, in accordance 
     with section 235B(b)(3)(D).
       ``(F) Location.--The location for the protection merits 
     interview described in this section shall be determined in 
     accordance with the terms and conditions described in section 
     235B(b)(3)(E).
       ``(G) Written record.--The asylum officer shall prepare a 
     written record of each protection merits interview, which 
     shall be provided to the alien or the alien's counsel, that 
     includes--
       ``(i) a summary of the material facts stated by the alien;
       ``(ii) any additional facts relied upon by the asylum 
     officer;
       ``(iii) the asylum officer's analysis of why, in light of 
     the facts referred to in clauses (i) and (ii), the alien has 
     or has not established eligibility for asylum under section 
     208, withholding of removal under section 241(b)(3), or 
     protection under the Convention Against Torture; and
       ``(iv) a copy of the asylum officer's interview notes.
       ``(H) Protection of certain information.--Before providing 
     the record described in subparagraph (G) to the alien or the 
     alien's counsel of record, the Director shall protect any 
     information the disclosure of which is prohibited by law.
       ``(I) Rulemaking.--The Secretary shall promulgate 
     regulations that permit an alien to request a rescheduled 
     interview due to exceptional circumstances.
       ``(J) Withdrawal of application, voluntary departure, and 
     voluntary repatriation.--
       ``(i) Voluntary departure.--The Secretary may permit an 
     alien to voluntarily depart in accordance with section 240E.
       ``(ii) Withdrawal of application.--The Secretary may permit 
     an alien, at any time before the protection merits interview, 
     to withdraw his or her application and depart immediately 
     from the United States in accordance with section 240F.
       ``(iii) Voluntary repatriation.--The Secretary may permit 
     an alien to voluntarily repatriate in accordance with section 
     240G.
       ``(4) Special rule relating to one-year bar.--An alien 
     subject to proceedings under this section shall not be 
     subject to the one-year bar under section 208(a)(2)(B).
       ``(5) Timing of protection merits interview.--A protection 
     merits interview may not be conducted on a date that is 
     earlier than 30 days after the date on which notice is served 
     under paragraph (1).
       ``(d) Protection Merits Determination.--
       ``(1) In general.--After conducting an alien's protection 
     merits interview, the asylum officer shall make a 
     determination on the merits of the alien's application for 
     asylum under section 208, withholding of removal under 
     section 241(b)(3), or protection under the Convention Against 
     Torture.
       ``(2) Positive protection merits determination.--In the 
     case of an alien who the asylum officer determines meets the 
     criteria for a positive protection merits determination, the 
     asylum officer shall approve the alien's application for 
     asylum under section 208, withholding of removal under 
     section 241(b)(3), or protection under the Convention Against 
     Torture.
       ``(3) Negative protection merits determination.--
       ``(A) In general.--In the case of an alien who the asylum 
     officer determines does not meet the criteria for a positive 
     protection merits determination--
       ``(i) the asylum officer shall deny the alien's application 
     for asylum under section 208, withholding of removal under 
     section 241(b)(3), or protection under the Convention Against 
     Torture; and
       ``(ii) the Secretary shall--

       ``(I) provide the alien with written notice of the 
     decision; and
       ``(II) subject to subparagraph (B) and subsection (e), 
     order the removal of the alien from the United States.

       ``(B) Request for reconsideration.--Any alien with respect 
     to whom a negative protection merits determination has been 
     made may submit a request for reconsideration to U.S. 
     Citizenship and Immigration Services not later than 5 days 
     after such determination, in accordance with the procedures 
     set forth in section 235B(d)(3).
       ``(e) Appeals.--
       ``(1) In general.--An alien with respect to whom a negative 
     protection merits determination has been made may submit to 
     the Protection Appellate Board a written petition for review 
     of such determination, together with additional evidence 
     supporting

[[Page S745]]

     the alien's claim, as applicable, not later than 7 days after 
     the date on which a request for reconsideration under 
     subsection (d)(3)(B) has been denied.
       ``(2) Sworn statement.--A petition for review submitted 
     under this subsection shall include a sworn statement by the 
     alien.
       ``(3) Responsibilities of the director.--
       ``(A) In general.--After the filing of a petition for 
     review by an alien, the Director shall--
       ``(i) refer the alien's petition for review to the 
     Protection Appellate Board; and
       ``(ii) before the date on which the Protection Appellate 
     Board commences review, subject to subparagraph (B), provide 
     a full record of the alien's protection merits interview, 
     including a transcript of such interview--

       ``(I) to the Protection Appellate Board; and
       ``(II) to the alien, or the alien's counsel of record.

       ``(B) Protection of certain information.--Before providing 
     the record described in subparagraph (A)(ii)(II) to the alien 
     or the alien's counsel of record, the Director shall protect 
     any information the disclosure of which is prohibited by law.
       ``(4) Standard of review.--
       ``(A) In general.--In reviewing a protection merits 
     determination under this subsection, the Protection Appellate 
     Board shall--
       ``(i) with respect to questions of fact, determine whether 
     the decision reached by the asylum officer with initial 
     jurisdiction regarding the alien's eligibility for relief or 
     protection was clear error; and
       ``(ii) with respect to questions of law, discretion, and 
     judgement, make a de novo determination with respect to the 
     alien's eligibility for relief or protection.
       ``(B) in making a determination under clause (i) or (ii) of 
     subparagraph (A), take into account the credibility of the 
     statements made by the alien in support of the alien's claim 
     and such other facts as are known to the Protection Appellate 
     Board.
       ``(5) Completion.--To the maximum extent practicable, not 
     later than 7 days after the date on which an alien files a 
     petition for review with the Protection Appellate Board, the 
     Protection Appellate Board shall conclude the review.
       ``(6) Opportunity to supplement.--The Protection Appellate 
     Board shall establish a process by which an alien, or the 
     alien's counsel of record, may supplement the record for 
     purposes of a review under this subsection not less than 30 
     days before the Protection Appellate Board commences the 
     review.
       ``(7) Result of review.--
       ``(A) Vacatur of order of removal.--In the case of a 
     determination by the Protection Appellate Board that the 
     application of an alien for asylum warrants approval, the 
     Protection Appellate Board shall vacate the order of removal 
     issued by the asylum officer and grant such application.
       ``(B) Withholding of removal and convention against torture 
     order of removal.--In the case of a determination by the 
     Protection Appellate Board that the application of an alien 
     for withholding of removal under section 241(b)(3) or 
     protection under the Convention Against Torture warrants 
     approval, the Protection Appellate Board--
       ``(i) shall not vacate the order of removal issued by the 
     asylum officer; and
       ``(ii) shall grant the application for withholding of 
     removal under section 241(b)(3) or protection under the 
     Convention Against Torture, as applicable.
       ``(C) Affirmation of order of removal.--In the case of a 
     determination by the Protection Appellate Board that the 
     petition for review of a protection merits interview does not 
     warrant approval, the Protection Appellate Board shall affirm 
     the denial of such application and the order of removal shall 
     become final.
       ``(D) Notification.--Upon making a determination with 
     respect to a review under this subsection, the Protection 
     Appellate Board shall expeditiously provide notice of the 
     determination to the alien and, as applicable, to the alien's 
     counsel of record.
       ``(8) Motion to reopen or motion to reconsider.--
       ``(A) Motion to reopen.--A motion to reopen a review 
     conducted by the Protection Appellate Board shall state new 
     facts and shall be supported by documentary evidence. The 
     resubmission of previously provided evidence or reassertion 
     of previously stated facts shall not be sufficient to meet 
     the requirements of a motion to reopen under this 
     subparagraph. An alien with a pending motion to reopen may be 
     removed if the alien's order of removal is final, pending a 
     decision on a motion to reopen.
       ``(B) Motion to reconsider.--
       ``(i) In general.--A motion to reconsider a decision of the 
     Protection Appellate Board--

       ``(I) shall establish that--

       ``(aa) the Protection Appellate Board based its decision on 
     an incorrect application of law or policy; and
       ``(bb) the decision was incorrect based on the evidence in 
     the record of proceedings at the time of the decision; and

       ``(II) shall be filed not later than 30 days after the date 
     on which the decision was issued.

       ``(ii) Limitation.--The Protection Appellate Board shall 
     not consider new facts or evidence submitted in support of a 
     motion to reconsider.
       ``(f) Order of Removal.--
       ``(1) In general.--The Secretary--
       ``(A) shall have exclusive and final jurisdiction over the 
     denial of an application for relief or protection under this 
     section; and
       ``(B) may remove an alien to a country where the alien is a 
     subject, national, or citizen, or in the case of an alien 
     having no nationality, the country of the alien's last 
     habitual residence, or in accordance with the processes 
     established under section 241, unless removing the alien to 
     such country would be prejudicial to the interests of the 
     United States.
       ``(2) Detention; removal.--The terms and conditions under 
     section 241 shall apply to the detention and removal of 
     aliens ordered removed from the United States under this 
     section.
       ``(g) Limitation on Judicial Review.--
       ``(1) Denials of protection.--Except for review of 
     constitutional claims, no court shall have jurisdiction to 
     review a decision issued by U.S. Citizenship and Immigration 
     Services under this section denying an alien's application 
     for asylum under section 208, withholding of removal under 
     section 241(b)(3), or protection under the Convention Against 
     Torture.
       ``(2) Final removal orders.--No court shall have 
     jurisdiction to review a final order of removal issued under 
     this section.
       ``(h) Rulemaking.--
       ``(1) In general.--The Secretary may promulgate such 
     regulations as are necessary to implement this section in 
     compliance with the requirements of section 553 of title 5, 
     United States Code.
       ``(2) Initial implementation.--Until the date that is 180 
     days after the date of the enactment of this section, the 
     Secretary may issue any interim final rules necessary to 
     implement this section without having to satisfy the 
     requirements of section 553(b)(B) of title 5, United States 
     Code, provided that any such interim final rules shall 
     include a 30-day post promulgation notice and comment period 
     prior to finalization in the Federal Register.
       ``(3) Requirement.--All regulations promulgated to 
     implement this section beginning on the date that is 180 days 
     after the date of the enactment of this section, shall be 
     issued pursuant to the requirements set forth in section 553 
     of title 5, United States Code.
       ``(i) Savings Provisions.--
       ``(1) Detention.--Nothing in this section may be construed 
     to affect the authority of the Secretary to detain an alien 
     who is processed, including for release, under this section 
     if otherwise authorized by law.
       ``(2) Settlement agreements.--Nothing in this section may 
     be construed--
       ``(A) to expand or restrict any settlement agreement in 
     effect on the date of the enactment of this section; or
       ``(B) to abrogate any provision of the stipulated 
     settlement agreement in Reno v. Flores, as filed in the 
     United States District Court for the Central District of 
     California on January 17, 1997 (CV-85-4544-RJK), including 
     all subsequent court decisions, orders, agreements, and 
     stipulations.
       ``(3) Impact on other removal proceedings.--The provisions 
     of this section may not be interpreted to apply to any other 
     form of removal proceedings.
       ``(4) Conversion to removal proceedings under section 
     240.--The asylum officer or immigration officer may refer or 
     place an alien into removal proceedings under section 240 by 
     issuing a notice to appear for the purpose of initiating such 
     proceedings if either such officer determines that--
       ``(A) such proceedings are required in order to permit the 
     alien to seek an immigration benefit for which the alien is 
     legally entitled to apply; and
       ``(B) such application requires such alien to be placed in, 
     or referred to proceedings under section 240 that are not 
     available to such alien under this section.
       ``(j) Family Unity.--In the case of an alien with a minor 
     child in the United States who has been ordered removed 
     pursuant to this section, the Secretary shall ensure that 
     such alien is removed with the minor child, if the alien 
     elects.
       ``(k) Judicial Review.--Notwithstanding any other provision 
     of this Act, judicial review of any decision or action in 
     this section shall be governed only by the United States 
     District Court for the District of Columbia, which shall have 
     sole and original jurisdiction to hear challenges, whether 
     constitutional or otherwise, to the validity of this section 
     or any written policy directive, written policy guideline, 
     written procedure, or the implementation thereof, issued by 
     or under the authority of the Secretary to implement this 
     section.
       ``(l) Definitions.--In this section:
       ``(1) Asylum officer.--The term `asylum officer' has the 
     meaning given such term in section 235(b)(1)(E).
       ``(2) Convention against torture.--The term `Convention 
     Against Torture'--means the United Nations Convention Against 
     Torture and Other Cruel, Inhuman or Degrading Treatment or 
     Punishment, done at New York December 10, 1984, including any 
     implementing regulations.
       ``(3) Director.--The term `Director' means the Director of 
     U.S. Citizenship and Immigration Services.
       ``(4) Exceptional circumstances.--The term `exceptional 
     circumstances' has the meaning given such term in section 
     240(e)(1).
       ``(5) Final order of removal.--The term `final order of 
     removal' means an order of removal made by an asylum officer 
     at the conclusion of a protection determination, and any 
     appeal of such order, as applicable.

[[Page S746]]

       ``(6) Protection appellate board.--The term `Protection 
     Appellate Board' means the Protection Appellate Board 
     established under section 463 of the Homeland Security Act of 
     2002.
       ``(7) Protection determination decision.--The term 
     `protection determination decision' means the service of a 
     negative or positive protection determination outcome.
       ``(8) Secretary.--The term `Secretary' means the Secretary 
     of Homeland Security.''.
       (b) Clerical Amendment.--The table of contents of the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
     amended by inserting after the item relating to section 240C 
     the following:

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

     SEC. 4143. VOLUNTARY DEPARTURE AFTER NONCUSTODIAL PROCESSING; 
                   WITHDRAWAL OF APPLICATION FOR ADMISSION.

       (a) In General.--Chapter 4 of title II of the Immigration 
     and Nationality Act (8 U.S.C. 1221 et seq.), as amended by 
     section 4142(a), is further amended by inserting after 
     section 240D the following:

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

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

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

       ``(a) Withdrawal Authorized.--The Secretary of Homeland 
     Security (referred to in this section as the `Secretary'), in 
     the discretion of the Secretary, may permit any alien for 
     admission to withdraw his or her application--
       ``(1) instead of being placed into removal proceedings 
     under section 235B or 240D; or
       ``(2) at any time before the alien's protection merits 
     interview occurs under section 240D.
       ``(b) Conditions.--An alien's decision to withdraw his or 
     her application for admission under subsection (a) shall be 
     made voluntarily. Permission to withdraw an application for 
     admission may not be granted unless the alien intends and is 
     able to depart the United States within a period determined 
     by the Secretary.
       ``(c) Consequence for Failure to Depart.--An alien who is 
     permitted to withdraw his or her application for admission 
     under this section and fails to voluntarily depart the United 
     States within the period specified by the Secretary pursuant 
     to subsection (b) shall be ineligible, during the 5-year 
     period beginning on the last day of such period, to receive 
     any further relief under this section and section 240A.
       ``(d) Family Unity.--In the case of an alien with a minor 
     child in the United States who has been ordered removed after 
     withdrawing an application under this section, the Secretary 
     shall ensure that such alien is removed with the minor child, 
     if the alien elects.
       ``(e) Rule of Construction.--Nothing in this section may be 
     construed to affect any withdrawal requirements in any other 
     section of this Act.''.
       (b) Clerical Amendment.--The table of contents of the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.), as 
     amended by section 4142(b), is further amended by inserting 
     after the item relating to section 240D the following:

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

     SEC. 4144. VOLUNTARY REPATRIATION.

       (a) In General.--Chapter 4 of title II of the Immigration 
     and Nationality Act (8 U.S.C. 1221 et seq.), as amended by 
     section 4143(a), is further amended by inserting after 
     section 240F, the following:

     ``SEC. 240G. VOLUNTARY REPATRIATION.

       ``(a) Establishment.--The Secretary of Homeland Security 
     (referred to in this section as the `Secretary') shall 
     establish a voluntary repatriation program in accordance with 
     the terms and conditions of this section.
       ``(b) Voluntary Repatriation in Lieu of Proceedings.--Under 
     the voluntary repatriation program established under 
     subsection (a), the Secretary may permit an alien to elect, 
     at any time during proceedings under section 235B or before 
     the alien's protection merits determination under section 
     240D(d), voluntary repatriation in lieu of continued 
     proceedings under section 235B or 240D.
       ``(c) Period of Validity.--An alien who elects voluntary 
     repatriation shall depart the United States within a period 
     determined by the Secretary, which may not exceed 120 days.
       ``(d) Procedures.--Consistent with subsection (b), the 
     Secretary may permit an alien to elect voluntary repatriation 
     if the asylum officer--
       ``(1) enters an order granting voluntary repatriation 
     instead of an order of removal; and
       ``(2) determines that the alien--
       ``(A) has been physically present in the United States 
     immediately preceding the date on which the alien elects 
     voluntary repatriation;
       ``(B) is, and has been, a person of good moral character 
     for the entire period the alien is physically present in the 
     United States;
       ``(C) is not described in paragraph (2)(A)(iii) or (4) of 
     section 237(a);
       ``(D) meets the applicable income requirements, as 
     determined by the Secretary; and
       ``(E) has not previously elected voluntary repatriation.
       ``(e) Minimum Requirements.--
       ``(1) Notice.--The notices required to be provided to an 
     alien under sections 235B(b)(2) and 240D(c)(1) shall include 
     information on the voluntary repatriation program.
       ``(2) Verbal requirements.--The asylum officer shall 
     verbally provide the alien with information about the 
     opportunity to elect voluntary repatriation--
       ``(A) at the beginning of a protection determination under 
     section 235B(c)(2); and
       ``(B) at the beginning of the protection merits interview 
     under section 240D(b)(3).
       ``(3) Written request.--An alien subject to section 235B or 
     240D--
       ``(A) may elect voluntary repatriation at any time during 
     proceedings under 235B or before the protection merits 
     determination under section 240D(d); and
       ``(B) may only elect voluntary repatriation--
       ``(i) knowingly and voluntarily; and
       ``(ii) in a written format, to the maximum extent 
     practicable, in the alien's native language or in a language 
     the alien understands, or in an alternative record if the 
     alien is unable to write.
       ``(f) Repatriation.--The Secretary is authorized to provide 
     transportation to aliens, including on commercial flights, if 
     such aliens elect voluntary repatriation.
       ``(g) Reintegration.--Upon election of voluntary 
     repatriation, the Secretary shall advise the alien of any 
     applicable reintegration

[[Page S747]]

     or reception program available in the alien's country of 
     nationality.
       ``(h) Family Unity.--In the case of an alien with a minor 
     child in the United States who has been permitted to 
     voluntarily repatriate pursuant to this section, the 
     Secretary shall ensure that such alien is repatriated with 
     the minor child, if the alien elects.
       ``(i) Immigration Consequences.--
       ``(1) Election timing.--In the case of an alien who elects 
     voluntary repatriation at any time during proceeding under 
     section 235B or before the protection merits interview, a 
     final order of removal shall not be entered against the 
     alien.
       ``(2) Failure to timely depart.--In the case of an alien 
     who elects voluntary repatriation and fails to depart the 
     United States before the end of the period of validity under 
     subsection (c)--
       ``(A) the alien shall be subject to a civil penalty in an 
     amount equal to the cost of the commercial flight or the 
     ticket, or tickets, to the country of nationality;
       ``(B) during the 10-year period beginning on the date on 
     which the period of validity under subsection (c) ends, the 
     alien shall be ineligible for relief under--
       ``(i) this section;
       ``(ii) section 240A; and
       ``(iii) section 240E; and
       ``(C) a final order of removal shall be entered against the 
     alien.
       ``(3) Exceptions.--Paragraph (2) shall not apply to a child 
     of an adult alien who elected voluntary repatriation.
       ``(j) Clerical Matters.--
       ``(1) Rule of construction.--Nothing in this section may be 
     construed to affect any voluntary departure under any other 
     section of this Act.
       ``(2) Savings clause.--Nothing in this section may be 
     construed to supersede the requirements of section 241(b)(3).
       ``(3) Judicial review.--No court shall have jurisdiction of 
     the Secretary's decision, in the Secretary's sole discretion, 
     to permit an alien to elect voluntary repatriation. No court 
     may order a stay of an alien's removal pending consideration 
     of any claim with respect to voluntary repatriation.
       ``(4) Appropriations.--There are authorized to be 
     appropriated to the Secretary such sums as necessary to carry 
     out this section.
       ``(k) Voluntary Repatriation Defined.--The term `voluntary 
     repatriation' means the free and voluntary return of an alien 
     to the alien's country of nationality (or in the case of an 
     alien having no nationality, the country of the alien's last 
     habitual residence) in a safe and dignified manner, 
     consistent with the obligations of the United States under 
     the Convention Relating to the Status of Refugees, done at 
     Geneva July 28, 1952 (as made applicable by the1967 Protocol 
     Relating to the Status of Refugees, done at New York January 
     31, 1967 (19 UST 6223)).''.
       (b) Clerical Amendment.--The table of contents of the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.), as 
     amended by section 4143(b), is further amended by inserting 
     after the item relating to section 240F the following:

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

     SEC. 4145. IMMIGRATION EXAMINATIONS FEE ACCOUNT.

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

     SEC. 4146. BORDER REFORMS.

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

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

       ``(a) In General.--An alien described in section 235 or 
     235B who arrives by land from a contiguous continental land 
     border (whether or not at a designated port of arrival), 
     absent unusual circumstances, shall be promptly subjected to 
     the mandatory provisions of such sections unless the 
     Secretary of Homeland Security (referred to in this section 
     as the `Secretary')determines, on a case-by-case basis, that 
     there is--
       ``(1) an exigent medical circumstance involving the alien 
     that requires the alien's physical presence in the United 
     States;
       ``(2) a significant law enforcement or intelligence purpose 
     warranting the alien's presence in the United States;
       ``(3) an urgent humanitarian reason directly pertaining to 
     the individual alien, according to specific criteria 
     determined by the Secretary;
       ``(4) a Tribal religious ceremony, cultural exchange, 
     celebration, subsistence use, or other culturally important 
     purpose warranting the alien's presence in the United States 
     on Tribal land located at or near an international land 
     border;
       ``(5) an accompanying alien whose presence in the United 
     States is necessary for the alien who meets the criteria 
     described in any of the paragraphs (1) through (4) to further 
     the purposes of such provisions; or
       ``(6) an alien who, while in the United States, had an 
     emergent personal or bona fide reason to travel temporarily 
     abroad and received approval for Advance Parole from the 
     Secretary.
       ``(b) Rules of Construction.--Nothing in this section may 
     be construed--
       ``(1) to preclude the execution of section 235(a)(4) or 
     241(a)(5);
       ``(2) to expand or restrict the authority to grant parole 
     under section 212(d)(5), including for aliens arriving at a 
     port of entry by air or sea, other than an alien arriving by 
     land at a contiguous continental land border for whom a 
     special rule described in subsection (a) applies; or
       ``(3) to refer to or place an alien in removal proceedings 
     pursuant to section 240, or in any other proceedings, if such 
     referral is not otherwise authorized under this Act.
       ``(c) Transition Rules.--
       ``(1) Mandatory processing.--Beginning on the date that is 
     90 days after the date of the enactment of this section, the 
     Secretary shall require any alien described in subsection (a) 
     who does not meet any of the criteria described in paragraphs 
     (1) through (6) of that subsection to be processed in 
     accordance with section 235 or 235B, as applicable, unless 
     such alien is subject to removal proceedings under subsection 
     (b)(3).
       ``(2) Pre-certification referrals and placements.--Before 
     the Comptroller General of the United States has certified 
     that sections 235B and 240D are fully operational pursuant to 
     section 4146(d) of the Border Act, the Secretary shall refer 
     or place aliens described in subsection (a) in proceedings 
     under section 240 based upon operational considerations 
     regarding the capacity of the Secretary to process aliens 
     under section 235 or section 235B, as applicable.
       ``(3) Post-certification referrals and placements.--After 
     the Comptroller General makes the certification referred to 
     in paragraph (2), the Secretary may only refer aliens 
     described in subsection (a) to, or place such aliens in, 
     proceedings under section 235(b) or 235B, as applicable, 
     unless such alien is subject to removal proceedings under 
     subsection (b)(3).''.
       (2) Clerical amendment.--The table of contents of the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
     amended by inserting after the item relating to section 244 
     the following:

``Sec. 244A. Special rules for contiguous continental land borders.''.
       (b) Modification of Authority to Arrest, Detain, and 
     Release Aliens.--
       (1) In general.--Section 236(a)(2) of the Immigration and 
     Nationality Act (8 U.S.C. 1226(a)(2)) is amended--
       (A) in the matter preceding subparagraph (A), by striking 
     ``on'';
       (B) in subparagraph (A), by inserting ``on'' before 
     ``bond''; and
       (C) by amending subparagraph (B) to read as follows:
       ``(B)(i) in the case of an alien encountered in the 
     interior, on conditional parole; or
       ``(ii) in the case of an alien encountered at the border--
       ``(I) pursuant to the procedures under 235B; or
       ``(II) on the alien's own recognizance with placement into 
     removal proceedings under 240; and''.
       (2) Effective date.--The amendments made by paragraph (1) 
     shall take effect immediately after the Comptroller General 
     of the United States certifies, in accordance with subsection 
     (d), that sections 235B and 240D of the Immigration and 
     Nationality Act, as added by sections 3141 and 3142, are 
     fully operational.
       (c) Reporting Requirement.--
       (1) In general.--Section 236 of the Immigration and 
     Nationality Act (8 U.S.C. 1226) is amended by adding at the 
     end the following:
       ``(f) Semiannual Report.--
       ``(1) In general.--Not later than 180 days after the date 
     on which the Comptroller General makes the certification 
     described in section 4146(d) of the Border Act, and every 180 
     days thereafter, the Secretary of Homeland Security shall 
     publish, on a publicly accessible internet website in a 
     downloadable and searchable format, a report that describes 
     each use of the authority of the Secretary under subsection 
     (a)(2)(B)(ii)(II).
       ``(2) Elements.--Each report required by paragraph (1) 
     shall include, for the applicable 180-day reporting period--
       ``(A) the number of aliens released pursuant to the 
     authority of the Secretary of Homeland Security under 
     subsection (a)(2)(B)(ii)(II);
       ``(B) with respect to each such release--
       ``(i) the rationale;
       ``(ii) the Border Patrol sector in which the release 
     occurred; and
       ``(iii) the number of days between the scheduled date of 
     the protection determination and the date of release from 
     physical custody.
       ``(3) Privacy protection.--Each report published under 
     paragraph (1)--
       ``(A) shall comply with all applicable Federal privacy 
     laws; and
       ``(B) shall not disclose any information contained in, or 
     pertaining to, a protection determination.''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall take effect immediately after the Comptroller General 
     of the United States certifies, in accordance with subsection 
     (d), that sections 235B and 240D of the Immigration and 
     Nationality Act, as added by sections 3141 and 3142, are 
     fully operational.

[[Page S748]]

       (d) Certification Process.--
       (1) Definitions.--In this subsection:
       (A) Fully operational.--The term ``fully operational'' 
     means the Secretary has the necessary resources, 
     capabilities, and personnel to process all arriving aliens 
     referred to in sections 235B and 240D of the Immigration and 
     Nationality Act, as added by sections 3141 and 3142, within 
     the timeframes required by such sections.
       (B) Required parties.--The term ``required parties'' 
     means--
       (i) the President;
       (ii) the Secretary;
       (iii) the Attorney General;
       (iv) the Director of the Office of Management and Budget;
       (v) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (vi) the Committee on the Judiciary of the Senate;
       (vii) the Committee on Appropriations of the Senate;
       (viii) the Committee on Homeland Security of the House of 
     Representatives;
       (ix) the Committee on the Judiciary of the House of 
     Representatives; and
       (x) the Committee on Appropriations of the House of 
     Representatives.
       (2) Review.--
       (A) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall review the implementation of sections 
     235B and 240D of the Immigration and Nationality Act, as 
     added by sections 3141 and 3142, to determine whether such 
     sections are fully operational.
       (B) Review elements.--In completing the review required 
     under subparagraph (A), the Comptroller General shall assess, 
     in comparison to the available resources, capabilities, and 
     personnel on the date of the enactment of this Act, whether 
     there are sufficient--
       (i) properly trained personnel, including support 
     personnel;
       (ii) real property assets and other required capabilities;
       (iii) information technology infrastructure;
       (iv) field manuals and guidance, regulations, and policies;
       (v) other investments that the Comptroller General 
     considers necessary; and
       (vi) asylum officers to effectively process all aliens who 
     are considered amenable for processing under section 235(b), 
     section 235B, section 240, and section 240D of the 
     Immigration and Nationality Act.
       (3) Certification of full implementation.--If the 
     Comptroller General determines, after completing the review 
     required under paragraph (2), that sections 235B and 240D of 
     the Immigration and Nationality Act are fully operational, 
     the Comptroller General shall immediately submit to the 
     required parties a certification of such determination.
       (4) Noncertification and subsequent reviews.--If the 
     Comptroller General determines, after completing the review 
     required under paragraph (2), that such sections 235B and 
     240D are not fully operational, the Comptroller General 
     shall--
       (A) notify the required parties of such determination, 
     including the reasons for such determination;
       (B) conduct a subsequent review in accordance with 
     paragraph (2)(A) not later than 180 days after each previous 
     review that concluded that such sections 235B and 240D were 
     not fully operational; and
       (C) conduct a subsequent review not later than 90 days 
     after each time Congress appropriates additional funding to 
     fully implement such sections 235B and 240D.
       (5) Determination of the secretary.--Not later than 7 days 
     after receiving a certification described in paragraph (3), 
     the Secretary shall confirm or reject the certification of 
     the Comptroller General.
       (6) Effect of rejection.--
       (A) Notification.--If the Secretary rejects a certification 
     of the of the Comptroller General pursuant to paragraph (A), 
     the Secretary shall immediately--
       (i) notify the President, the Comptroller General, and the 
     congressional committees listed in paragraph (1) of such 
     rejection; and
       (ii) provide such entities with a rationale for such 
     rejection.
       (B) Subsequent reviews.--If the Comptroller General 
     receives a notification of rejection from the Secretary 
     pursuant to subparagraph (A), the Comptroller General shall 
     conduct a subsequent review in accordance with paragraph 
     (4)(B).

     SEC. 4147. PROTECTION APPELLATE BOARD.

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

     ``SEC. 463. PROTECTION APPELLATE BOARD.

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

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

                TITLE II--ASYLUM PROCESSING ENHANCEMENTS

     SEC. 4201. COMBINED SCREENINGS.

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

[[Page S749]]

       ``(A) meets the definition of refugee under paragraph (42), 
     in accordance with the terms and conditions under section 
     208;
       ``(B) is eligible for withholding of removal under section 
     241(b)(3); or
       ``(C) is eligible for protection under the Convention 
     against Torture and Other Cruel, Inhuman or Degrading 
     Treatment or Punishment, done at New York December 10, 1984, 
     which includes the regulations implementing any law enacted 
     pursuant to Article 3 of such convention.''.

     SEC. 4202. CREDIBLE FEAR STANDARD AND ASYLUM BARS AT 
                   SCREENING INTERVIEW.

       Section 235(b)(1)(B) of the Immigration and Nationality Act 
     (8 U.S.C. 1225(b)(1)(B)) is amended--
       (1) in clause (v), by striking ``significant possibility'' 
     and inserting ``reasonable possibility''; and
       (2) by adding at the end, the following:
       ``(vi) Asylum exceptions.--An asylum officer, during the 
     credible fear screening of an alien--

       ``(I) shall determine whether any of the asylum exceptions 
     under section 208(b)(2) disqualify the alien from receiving 
     asylum; and
       ``(II) may determine that the alien does not meet the 
     definition of credible fear of persecution under clause (v) 
     if any such exceptions apply, including whether any such 
     exemptions to such disqualifying exceptions may apply.''.

     SEC. 4203. INTERNAL RELOCATION.

       (a) In General.--Section 208(b)(2)(A) of the Immigration 
     and Nationality Act (8 U.S.C. 1158(b)(2)(A)) is amended--
       (1) in clause (v), by striking ``or'' at the end;
       (2) in clause (vi), by striking the period at the end and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(vii) there are reasonable grounds for concluding that 
     the alien could avoid persecution by relocating to--

       ``(I) another location in the alien's country of 
     nationality; or
       ``(II) in the case of an alien having no nationality, 
     another location in the alien's country of last habitual 
     residence.''.

       (b) Inapplicability.--Section 244(c)(2)(B)(ii) of the 
     Immigration and Nationality Act (8 U.S.C. 1254a(c)(2)(B)(ii)) 
     is amended by inserting ``clauses (i) through (vi) of'' after 
     ``described in''.

     SEC. 4204. ASYLUM OFFICER CLARIFICATION.

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

                      TITLE III--SECURING AMERICA

                 Subtitle A--Border Emergency Authority

     SEC. 4301. BORDER EMERGENCY AUTHORITY.

       (a) In General.--Chapter 4 of title II of the Immigration 
     and Nationality Act (8 U.S.C. 1221 et seq.), as amended by 
     section 4146(a), is further amended by adding at the end the 
     following:

     ``SEC. 244B. BORDER EMERGENCY AUTHORITY.

       ``(a) Use of Authority.--
       ``(1) In general.--In order to respond to extraordinary 
     migration circumstances, there shall be available to the 
     Secretary, notwithstanding any other provision of law, a 
     border emergency authority.
       ``(2) Exceptions.--The border emergency authority shall not 
     be activated with respect to any of the following:
       ``(A) A citizen or national of the United States.
       ``(B) An alien who is lawfully admitted for permanent 
     residence.
       ``(C) An unaccompanied alien child.
       ``(D) An alien who an immigration officer determines, with 
     the approval of a supervisory immigration officer, should be 
     excepted from the border emergency authority based on the 
     totality of the circumstances, including consideration of 
     significant law enforcement, officer and public safety, 
     humanitarian, and public health interests, or an alien who an 
     immigration officer determines, in consultation with U.S. 
     Immigration and Customs Enforcement, should be excepted from 
     the border emergency authority due to operational 
     considerations.
       ``(E) An alien who is determined to be a victim of a severe 
     form of trafficking in persons (as defined in section 103 of 
     the Trafficking Victims Protection Act of 2000 (22 U.S.C. 
     7102)).
       ``(F) An alien who has a valid visa or other lawful 
     permission to enter the United States, including--
       ``(i) a member of the Armed Forces of the United States and 
     associated personnel, United States Government employees or 
     contractors on orders abroad, or United States Government 
     employees or contractors, and an accompanying family member 
     who is on orders or is a member of the alien's household, 
     subject to required assurances;
       ``(ii) an alien who holds a valid travel document upon 
     arrival at a port of entry;
       ``(iii) an alien from a visa waiver program country under 
     section 217 who is not otherwise subject to travel 
     restrictions and who arrives at a port of entry; or
       ``(iv) an alien who presents at a port of entry pursuant to 
     a process approved by the Secretary to allow for safe and 
     orderly entry into the United States.
       ``(3) Applicability.--The border emergency authority shall 
     only be activated as to aliens who are not subject to an 
     exception under paragraph (2), and who are, after the 
     authority is activated, within 100 miles of the United States 
     southwest land border and within the 14-day period after 
     entry.
       ``(b) Border Emergency Authority Described.--
       ``(1) In general.--Whenever the border emergency authority 
     is activated, the Secretary shall have the authority, in the 
     Secretary's sole and unreviewable discretion, to summarily 
     remove from and prohibit, in whole or in part, entry into the 
     United States of any alien identified in subsection (a)(3) 
     who is subject to such authority in accordance with this 
     subsection.
       ``(2) Terms and conditions.--
       ``(A) Summary removal.--Notwithstanding any other provision 
     of this Act, subject to subparagraph (B), the Secretary shall 
     issue a summary removal order and summarily remove an alien 
     to the country of which the alien is a subject, national, or 
     citizen (or, in the case of an alien having no nationality, 
     the country of the alien's last habitual residence), or in 
     accordance with the processes established under section 241, 
     unless the summary removal of the alien to such country would 
     be prejudicial to the interests of the United States.
       ``(B) Withholding and convention against torture 
     interviews.--
       ``(i) In general.--In the case of an alien subject to the 
     border emergency authority who manifests a fear of 
     persecution or torture with respect to a proposed country of 
     summary removal, an asylum officer (as defined in section 
     235(b)(1)(E)) shall conduct an interview, during which the 
     asylum officer shall determine that, if such alien 
     demonstrates during the interview that the alien has a 
     reasonable possibility of persecution or torture, such alien 
     shall be referred to or placed in proceedings under section 
     240 or 240D, as appropriate.
       ``(ii) Sole mechanism to request protection.--An interview 
     under this subparagraph conducted by an asylum officer shall 
     be the sole mechanism by which an alien described in clause 
     (i) may make a claim for protection under--

       ``(I) section 241(b)(3); and
       ``(II) the Convention Against Torture.

       ``(iii) Alien referred for additional proceedings.--In the 
     case of an alien interviewed under clause (i) who 
     demonstrates that the alien is eligible to apply for 
     protection under section 241(b)(3) or the Convention Against 
     Torture, the alien--

       ``(I) shall not be summarily removed; and
       ``(II) shall instead be processed under section 240 or 
     240D, as appropriate.

       ``(iv) Additional review.--

       ``(I) Opportunity for secondary review.--A supervisory 
     asylum officer shall review any case in which the asylum 
     officer who interviewed the alien under the procedures in 
     clause (iii) finds that the alien is not eligible for 
     protection under section 241(b)(3) or the Convention Against 
     Torture.
       ``(II) Vacatur.--If, in conducting such a secondary review, 
     the supervisory asylum officer determines that the alien 
     demonstrates eligibility for such protection--

       ``(aa) the supervisory asylum officer shall vacate the 
     previous negative determination; and
       ``(bb) the alien shall instead be processed under section 
     240 or 240D.

       ``(III) Summary removal.--If an alien does not seek such a 
     secondary review, or if the supervisory asylum officer finds 
     that such alien is not eligible for such protection, the 
     supervisory asylum officer shall order the alien summarily 
     removed without further review.

       ``(3) Activations of authority.--
       ``(A) Mandatory activation.--The Secretary shall activate 
     the border emergency authority if there is an average of 
     1,000 or more aliens encountered per day during a period of 7 
     consecutive days.
       ``(B) Calculation of activation.--For purposes of 
     subparagraph (A), the average for the applicable 7-day period 
     shall be calculated using--
       ``(i) the sum of--

       ``(I) the number of encounters that occur between the 
     southwest land border ports of entry of the United States;
       ``(II) the number of encounters that occur between the 
     ports of entry along the southern coastal borders; and
       ``(III) the number of inadmissible aliens encountered at a 
     southwest land border port of entry as described in 
     subsection (a)(2)(F)(iv); divided by

       ``(ii) 7.
       ``(4) Implementation.--The Secretary shall implement the 
     border emergency authority not later than 24 hours after it 
     is activated.
       ``(c) Continued Access to Southwest Land Border Ports of 
     Entry.--
       ``(1) In general.--During any activation of the border 
     emergency authority under subsection (b), the Secretary shall 
     maintain the capacity to process, and continue processing, 
     under section 235 or 235B a minimum of 1,400 inadmissible 
     aliens each calendar day cumulatively across all southwest 
     land border ports of entry in a safe and orderly process 
     developed by the Secretary.
       ``(2) Special rules.--
       ``(A) Unaccompanied alien children exception.--For the 
     purpose of calculating the number under paragraph (1), the 
     Secretary shall count all unaccompanied alien children.
       ``(B) Transition rules.--The provisions of section 244A(c) 
     shall apply to this section.

[[Page S750]]

       ``(d) Bar to Admission.--Any alien who, during a period of 
     365 days, has 2 or more summary removals pursuant to the 
     border emergency authority, shall be inadmissible for a 
     period of 1 year beginning on the date of the alien's most 
     recent summary removal.
       ``(e) Savings Provisions.--
       ``(1) Unaccompanied alien children.--Nothing in this 
     section may be construed to interfere with the processing of 
     unaccompanied alien children and such children are not 
     subject to this section.
       ``(2) Settlement agreements.--Nothing in this section may 
     be construed to interfere with any rights or responsibilities 
     established through a settlement agreement in effect before 
     the date of the enactment of this section.
       ``(3) Rule of construction.--For purposes of the Convention 
     Relating to the Status of Refugees, done at Geneva July 28, 
     1952 (as made applicable by the 1967 Protocol Relating to the 
     Status of Refugees, done at New York January 31, 1967 (19 UST 
     6223)), the Convention Against Torture, and any other 
     applicable treaty, as applied to this section, the interview 
     under this section shall occur only in the context of the 
     border emergency authority.
       ``(f) Judicial Review.--Judicial review of any decision or 
     action applying the border emergency authority shall be 
     governed only by this subsection as follows:
       ``(1) Notwithstanding any other provision of law, except as 
     provided in paragraph (2), no court or judge shall have 
     jurisdiction to review any cause or claim by an individual 
     alien arising from the decision to enter a summary removal 
     order against such alien under this section, or removing such 
     alien pursuant to such summary removal order.
       ``(2) The United States District Court for the District of 
     Columbia shall have sole and original jurisdiction to hear 
     challenges, whether constitutional or otherwise, to the 
     validity of this section or any written policy directive, 
     written policy guideline, written procedure, or the 
     implementation thereof, issued by or under the authority of 
     the Secretary to implement this section.
       ``(g) Effective Date.--
       ``(1) In general.--This section shall take effect on the 
     day after the date of the enactment of this section.
       ``(2) 7-day period.--The initial activation of the 
     authority under subparagraph (A) or (B)(i) of subsection 
     (b)(3) shall take into account the average number of 
     encounters during the preceding 7 consecutive calendar days, 
     as described in such subparagraphs, which may include the 6 
     consecutive calendar days immediately preceding the date of 
     the enactment of this section.
       ``(h) Rulemaking.--
       ``(1) In general.--The Secretary may promulgate such 
     regulations as are necessary to implement this section in 
     compliance with the requirements of section 553 of title 5, 
     United States Code.
       ``(2) Initial implementation.--Until the date that is 180 
     days after the date of the enactment of this section, the 
     Secretary may issue any interim final rules necessary to 
     implement this section without having to satisfy the 
     requirements of section 553(b)(B) of title 5, United States 
     Code, provided that any such interim final rules shall 
     include a 30-day post promulgation notice and comment period 
     prior to finalization in the Federal Register.
       ``(3) Requirement.--All regulations promulgated to 
     implement this section beginning on the date that is 180 days 
     after the date of the enactment of this section shall be 
     issued pursuant to the requirements set forth in section 553 
     of title 5, United States Code.
       ``(i) Definitions.--In this section:
       ``(1) Border emergency authority.--The term `border 
     emergency authority' means all authorities and procedures 
     under this section.
       ``(2) Convention against torture.--The term `Convention 
     Against Torture' means the Convention against Torture and 
     Other Cruel, Inhuman or Degrading Treatment or Punishment, 
     done at New York December 10, 1984, and includes the 
     regulations implementing any law enacted pursuant to Article 
     3 of the Convention against Torture and Other Cruel, Inhuman 
     or Degrading Treatment or Punishment, done at New York 
     December 10, 1984.
       ``(3) Encounter.--With respect to an alien, the term 
     `encounter' means an alien who--
       ``(A) is physically apprehended by U.S. Customs and Border 
     Protection personnel--
       ``(i) within 100 miles of the southwest land border of the 
     United States during the 14-day period immediately after 
     entry between ports of entry; or
       ``(ii) at the southern coastal borders during the 14-day 
     period immediately after entry between ports of entry; or
       ``(B) is seeking admission at a southwest land border port 
     of entry and is determined to be inadmissible, including an 
     alien who utilizes a process approved by the Secretary to 
     allow for safe and orderly entry into the United States.
       ``(4) Secretary.--The term `Secretary' means the Secretary 
     of Homeland Security.
       ``(5) Southern coastal borders.--The term `southern coastal 
     borders' means all maritime borders in California, Texas, 
     Louisiana, Mississippi, Alabama, and Florida.
       ``(6) Unaccompanied alien child.--The term `unaccompanied 
     alien child' has the meaning given such term in section 
     462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 
     279(g)(2)).
       ``(j) Sunset.--This section--
       ``(1) shall take effect on the date of the enactment of 
     this section; and
       ``(2) shall cease to be effective on the day after the 
     first date on which the average daily southwest border 
     encounters has been fewer than 1,000 for 7 consecutive 
     days.''.
       (b) Clerical Amendment.--The table of contents of the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.), as 
     amended by section 4146(b), is further amended by inserting 
     after the item relating to section 244A the following:

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

            Subtitle B--Fulfilling Promises to Afghan Allies

     SEC. 4321. DEFINITIONS.

       In this subtitle:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on the Judiciary of the Senate;
       (B) the Committee on Foreign Relations of the Senate;
       (C) the Committee on Armed Services of the Senate;
       (D) the Committee on Appropriations of the Senate;
       (E) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (F) the Committee on the Judiciary of the House of 
     Representatives;
       (G) the Committee on Foreign Affairs of the House of 
     Representatives;
       (H) the Committee on Armed Services of the House of 
     Representatives;
       (I) the Committee on Appropriations of the House of 
     Representatives; and
       (J) the Committee on Homeland Security of the House of 
     Representatives.
       (2) Immigration laws.--The term ``immigration laws'' has 
     the meaning given such term in section 101(a)(17) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (4) Special immigrant status.--The term ``special immigrant 
     status'' means special immigrant status provided under--
       (A) the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 
     note; Public Law 111-8);
       (B) section 1059 of the National Defense Authorization Act 
     for Fiscal Year 2006 (8 U.S.C. 1101 note; Public Law 109-
     163); or
       (C) subparagraph (N) of section 101(a)(27) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(27)), as 
     added by section 4326(a).
       (5) Specified application.--The term ``specified 
     application'' means--
       (A) a pending, documentarily complete application for 
     special immigrant status; and
       (B) a case in processing in the United States Refugee 
     Admissions Program for an individual who has received a 
     Priority 1 or Priority 2 referral to such program.
       (6) United states refugee admissions program.--The term 
     ``United States Refugee Admissions Program'' means the 
     program to resettle refugees in the United States pursuant to 
     the authorities provided in sections 101(a)(42), 207, and 412 
     of the Immigration and Nationality Act (8 U.S.C. 1101(a)(42), 
     1157, and 1522).

     SEC. 4322. SUPPORT FOR AFGHAN ALLIES OUTSIDE THE UNITED 
                   STATES.

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

     SEC. 4323. CONDITIONAL PERMANENT RESIDENT STATUS FOR ELIGIBLE 
                   INDIVIDUALS.

       (a) Definitions.--In this section:
       (1) Conditional permanent resident status.--The term 
     ``conditional permanent resident status'' means conditional 
     permanent resident status under section 216 and 216A of the 
     Immigration and Nationality Act (8 U.S.C. 1186a, 1186b), 
     subject to the provisions of this section.
       (2) Eligible individual.--The term ``eligible individual'' 
     means an alien who--
       (A) is present in the United States;
       (B) is a citizen or national of Afghanistan or, in the case 
     of an alien having no nationality, is a person who last 
     habitually resided in Afghanistan;
       (C) has not been granted permanent resident status;
       (D)(i) was inspected and admitted to the United States on 
     or before the date of the enactment of this Act; or
       (ii) was paroled into the United States during the period 
     beginning on July 30, 2021, and ending on the date of the 
     enactment of this Act, provided that such parole has not been 
     terminated by the Secretary upon written notice; and

[[Page S751]]

       (E) is admissible to the United States as an immigrant 
     under the immigration laws, including eligibility for waivers 
     of grounds of inadmissibility to the extent provided by the 
     immigration laws and subject to the terms of subsection (c) 
     of this section.
       (b) Conditional Permanent Resident Status for Eligible 
     Individuals.--
       (1) Adjustment of status to conditional permanent resident 
     status.--Beginning on the date of the enactment of this Act, 
     the Secretary may--
       (A) adjust the status of each eligible individual to that 
     of an alien lawfully admitted for permanent residence status, 
     subject to the procedures established by the Secretary to 
     determine eligibility for conditional permanent resident 
     status; and
       (B) create for each eligible individual a record of 
     admission to such status as of the date on which the eligible 
     individual was initially inspected and admitted or paroled 
     into the United States, or July 30, 2021, whichever is later,
       unless the Secretary determines, on a case-by-case basis, 
     that such individual is subject to any ground of 
     inadmissibility under section 212 (other than subsection 
     (a)(4)) of the Immigration and Nationality Act (8 U.S.C. 
     1182) and is not eligible for a waiver of such grounds of 
     inadmissibility as provided by this subtitle or by the 
     immigration laws.
       (2) Conditional basis.--An individual who obtains lawful 
     permanent resident status under this section shall be 
     considered, at the time of obtaining the status of an alien 
     lawfully admitted for permanent residence, to have obtained 
     such status on a conditional basis subject to the provisions 
     of this section.
       (c) Conditional Permanent Resident Status Described.--
       (1) Assessment.--
       (A) In general.--Before granting conditional permanent 
     resident status to an eligible individual under subsection 
     (b)(1), the Secretary shall conduct an assessment with 
     respect to the eligible individual, which shall be equivalent 
     in rigor to the assessment conducted with respect to refugees 
     admitted to the United States through the United States 
     Refugee Admissions Program, for the purpose of determining 
     whether the eligible individual is subject to any ground of 
     inadmissibility under section 212 (other than subsection 
     (a)(4)) of the Immigration and Nationality Act (8 U.S.C. 
     1182).
       (B) Consultation.--In conducting an assessment under 
     subparagraph (A), the Secretary may consult with the head of 
     any other relevant agency and review the holdings of any such 
     agency.
       (2) Removal of conditions.--
       (A) In general.--Not earlier than the date described in 
     subparagraph (B), the Secretary may remove the conditional 
     basis of the status of an individual granted conditional 
     permanent resident status under this section unless the 
     Secretary determines, on a case-by-case basis, that such 
     individual is subject to any ground of inadmissibility under 
     paragraph (2) or (3) of section 212(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(a)), and is not eligible for a 
     waiver of such grounds of inadmissibility as provided by this 
     subtitle or by the immigration laws.
       (B) Date described.--The date described in this 
     subparagraph is the earlier of--
       (i) the date that is 4 years after the date on which the 
     individual was admitted or paroled into the United States; or
       (ii) July 1, 2027.
       (C) Waiver.--
       (i) In general.--Except as provided in clause (ii), with 
     respect to an eligible individual, the Secretary may waive 
     the application of the grounds of inadmissibility under 
     212(a) of the Immigration and Nationality Act (8 U.S.C. 
     1182(a)) for humanitarian purposes or to ensure family unity.
       (ii) Exceptions.--The Secretary may not waive under clause 
     (i) the application of subparagraphs (C) through (E) and (G) 
     through (H) of paragraph (2), or paragraph (3), of section 
     212(a) of the Immigration and Nationality Act (8 U.S.C. 
     1182(a)).
       (iii) Rule of construction.--Nothing in this subparagraph 
     may be construed to expand or limit any other waiver 
     authority applicable under the immigration laws to an 
     applicant for adjustment of status.
       (D) Timeline.--Not later than 180 days after the date 
     described in subparagraph (B), the Secretary shall endeavor 
     to remove conditions as to all individuals granted 
     conditional permanent resident status under this section who 
     are eligible for removal of conditions.
       (3) Treatment of conditional basis of status period for 
     purposes of naturalization.--An individual in conditional 
     permanent resident status under this section, or who 
     otherwise meets the requirements under (a)(1) of this 
     section, shall be considered--
       (A) to have been admitted to the United States as an alien 
     lawfully admitted for permanent residence; and
       (B) to be present in the United States as an alien lawfully 
     admitted to the United States for permanent residence, 
     provided that, no alien shall be naturalized unless the 
     alien's conditions have been removed under this section.
       (d) Termination of Conditional Permanent Resident Status.--
       (1) In general.--Conditional permanent resident status 
     shall terminate on, as applicable--
       (A) the date on which the Secretary removes the conditions 
     pursuant to subsection (c)(2), on which date the alien shall 
     be lawfully admitted for permanent residence without 
     conditions;
       (B) the date on which the Secretary determines that the 
     alien was not an eligible individual under subsection (a)(2) 
     as of the date that such conditional permanent resident 
     status was granted, on which date of the Secretary's 
     determination the alien shall no longer be an alien lawfully 
     admitted for permanent residence; or
       (C) the date on which the Secretary determines pursuant to 
     subsection (c)(2) that the alien is not eligible for removal 
     of conditions, on which date the alien shall no longer be an 
     alien lawfully admitted for permanent residence.
       (2) Notification.--If the Secretary terminates status under 
     this subsection, the Secretary shall so notify the individual 
     in writing and state the reasons for the termination.
       (e) Rule of Construction.--Nothing in this section shall be 
     construed to limit the authority of the Secretary at any time 
     to place in removal proceedings under section 240 of the 
     Immigration and Nationality Act (8 U.S.C. 1229a) any alien 
     who has conditional permanent resident status under this 
     section, if the alien is deportable under section 237 of such 
     Act (8 U.S.C. 1227) under a ground of deportability 
     applicable to an alien who has been lawfully admitted for 
     permanent residence.
       (f) Parole Expiration Tolled.--The expiration date of a 
     period of parole shall not apply to an individual under 
     consideration for conditional permanent resident status under 
     this section, until such time as the Secretary has determined 
     whether to issue conditional permanent resident status.
       (g) Periodic Nonadversarial Meetings.--
       (1) In general.--Not later than 180 days after the date on 
     which an individual is conferred conditional permanent 
     resident status under this section, and periodically 
     thereafter, the Office of Refugee Resettlement shall make 
     available opportunities for the individual to participate in 
     a nonadversarial meeting, during which an official of the 
     Office of Refugee Resettlement (or an agency funded by the 
     Office) shall--
       (A) on request by the individual, assist the individual in 
     a referral or application for applicable benefits 
     administered by the Department of Health and Human Services 
     and completing any applicable paperwork; and
       (B) answer any questions regarding eligibility for other 
     benefits administered by the United States Government.
       (2) Notification of requirements.--Not later than 7 days 
     before the date on which a meeting under paragraph (1) is 
     scheduled to occur, the Secretary of Health and Human 
     Services shall provide notice to the individual that includes 
     the date of the scheduled meeting and a description of the 
     process for rescheduling the meeting.
       (3) Conduct of meeting.--The Secretary of Health and Human 
     Services shall implement practices to ensure that--
       (A) meetings under paragraph (1) are conducted in a 
     nonadversarial manner; and
       (B) interpretation and translation services are provided to 
     individuals granted conditional permanent resident status 
     under this section who have limited English proficiency.
       (4) Rules of construction.--Nothing in this subsection 
     shall be construed--
       (A) to prevent an individual from electing to have counsel 
     present during a meeting under paragraph (1); or
       (B) in the event that an individual declines to participate 
     in such a meeting, to affect the individual's conditional 
     permanent resident status under this section or eligibility 
     to have conditions removed in accordance with this section.
       (h) Consideration.--Except with respect to an application 
     for naturalization and the benefits described in subsection 
     (p), an individual in conditional permanent resident status 
     under this section shall be considered to be an alien 
     lawfully admitted for permanent residence for purposes of the 
     adjudication of an application or petition for a benefit or 
     the receipt of a benefit.
       (i) Notification of Requirements.--Not later than 90 days 
     after the date on which the status of an individual is 
     adjusted to that of conditional permanent resident status 
     under this section, the Secretary shall provide notice to 
     such individual with respect to the provisions of this 
     section, including subsection (c)(1) (relating to the conduct 
     of assessments) and subsection (g) (relating to periodic 
     nonadversarial meetings).
       (j) Application for Naturalization.--The Secretary shall 
     establish procedures whereby an individual who would 
     otherwise be eligible to apply for naturalization but for 
     having conditional permanent resident status, may be 
     considered for naturalization coincident with removal of 
     conditions under subsection (c)(2).
       (k) Adjustment of Status Date.--
       (1) In general.--An alien described in paragraph (2) shall 
     be regarded as lawfully admitted for permanent residence as 
     of the date the alien was initially inspected and admitted or 
     paroled into the United States, or July 30, 2021, whichever 
     is later.
       (2) Alien described.--An alien described in this paragraph 
     is an alien who--
       (A) is described in subparagraph (A), (B), or (D) of 
     subsection (a)(2), and whose status was adjusted to that of 
     an alien lawfully admitted for permanent residence on or 
     after July 30, 2021, but on or before the date of the 
     enactment of this Act; or
       (B) is an eligible individual whose status is then adjusted 
     to that of an alien lawfully admitted for permanent residence 
     after the

[[Page S752]]

     date of the enactment of this Act under any provision of the 
     immigration laws other than this section.
       (l) Parents and Legal Guardians of Unaccompanied 
     Children.--A parent or legal guardian of an eligible 
     individual shall be eligible to obtain status as an alien 
     lawfully admitted for permanent residence on a conditional 
     basis if--
       (1) the eligible individual--
       (A) was under 18 years of age on the date on which the 
     eligible individual was granted conditional permanent 
     resident status under this section; and
       (B) was not accompanied by at least one parent or guardian 
     on the date the eligible individual was admitted or paroled 
     into the United States; and
       (2) such parent or legal guardian was admitted or paroled 
     into the United States after the date referred to in 
     paragraph (1)(B).
       (m) Guidance.--
       (1) Interim guidance.--
       (A) In general.--Not later than 120 days after the date of 
     the enactment of this Act, the Secretary shall issue guidance 
     implementing this section.
       (B) Publication.--Notwithstanding section 553 of title 5, 
     United States Code, guidance issued pursuant to subparagraph 
     (A)--
       (i) may be published on the internet website of the 
     Department of Homeland Security; and
       (ii) shall be effective on an interim basis immediately 
     upon such publication but may be subject to change and 
     revision after notice and an opportunity for public comment.
       (2) Final guidance.--
       (A) In general.--Not later than 180 days after the date of 
     issuance of guidance under paragraph (1), the Secretary shall 
     finalize the guidance implementing this section.
       (B) Exemption from the administrative procedures act.--
     Chapter 5 of title 5, United States Code (commonly known as 
     the ``Administrative Procedures Act''), or any other law 
     relating to rulemaking or information collection, shall not 
     apply to the guidance issued under this paragraph.
       (n) Asylum Claims.--
       (1) In general.--With respect to the adjudication of an 
     application for asylum submitted by an eligible individual, 
     section 2502(c) of the Extending Government Funding and 
     Delivering Emergency Assistance Act (8 U.S.C. 1101 note; 
     Public Law 117-43) shall not apply.
       (2) Rule of construction.--Nothing in this section may be 
     construed to prohibit an eligible individual from seeking or 
     receiving asylum under section 208 of the Immigration and 
     Nationality Act (8 U.S.C. 1158).
       (o) Prohibition on Fees.--The Secretary may not charge a 
     fee to any eligible individual in connection with the initial 
     issuance under this section of--
       (1) a document evidencing status as an alien lawfully 
     admitted for permanent residence or conditional permanent 
     resident status; or
       (2) an employment authorization document.
       (p) Eligibility for Benefits.--
       (1) In general.--Notwithstanding any other provision of 
     law--
       (A) an individual described in subsection (a) of section 
     2502 of the Afghanistan Supplemental Appropriations Act, 2022 
     (8 U.S.C. 1101 note; Public Law 117-43) shall retain his or 
     her eligibility for the benefits and services described in 
     subsection (b) of such section if the individual has a 
     pending application, or is granted adjustment of status, 
     under this section; and
       (B) such benefits and services shall remain available to 
     the individual to the same extent and for the same periods of 
     time as such benefits and services are otherwise available to 
     refugees who acquire such status.
       (2) Exception from 5-year limited eligibility for means-
     tested public benefits.--Section 403(b)(1) of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996 (8 U.S.C. 1613(b)(1)) is amended by adding at the end 
     the following:
       ``(F) An alien whose status is adjusted under section 4333 
     of the Border Act to that of an alien lawfully admitted for 
     permanent residence or to that of an alien lawfully admitted 
     for permanent residence on a conditional basis.''.
       (q) Rule of Construction.--Nothing in this section may be 
     construed to preclude an eligible individual from applying 
     for or receiving any immigration benefit to which the 
     individual is otherwise entitled.
       (r) Exemption From Numerical Limitations.--
       (1) In general.--Aliens granted conditional permanent 
     resident status or lawful permanent resident status under 
     this section shall not be subject to the numerical 
     limitations under sections 201, 202, and 203 of the 
     Immigration and Nationality Act (8 U.S.C. 1151, 1152, and 
     1153).
       (2) Spouse and children beneficiaries.--A spouse or child 
     who is the beneficiary of an immigrant petition under section 
     204 of the Immigration and Nationality Act (8 U.S.C. 1154) 
     filed by an alien who has been granted conditional permanent 
     resident status or lawful permanent resident status under 
     this section, seeking classification of the spouse or child 
     under section 203(a)(2)(A) of that Act (8 U.S.C. 
     1153(a)(2)(A)) shall not be subject to the numerical 
     limitations under sections 201, 202, and 203 of the 
     Immigration and Nationality Act (8 U.S.C. 1151, 1152, and 
     1153).
       (s) Effect on Other Applications.--Notwithstanding any 
     other provision of law, in the interest of efficiency, the 
     Secretary may pause consideration of any application or 
     request for an immigration benefit pending adjudication so as 
     to prioritize an application for adjustment of status to an 
     alien lawfully admitted for permanent residence under this 
     section.
       (t) Authorization for Appropriations.--There is authorized 
     to be appropriated to the Attorney General, the Secretary of 
     Health and Human Services, the Secretary, and the Secretary 
     of State such sums as are necessary to carry out this 
     section.

     SEC. 4324. REFUGEE PROCESSES FOR CERTAIN AT-RISK AFGHAN 
                   ALLIES.

       (a) Definition of Afghan Ally.--
       (1) In general.--In this section, the term ``Afghan ally'' 
     means an alien who is a citizen or national of Afghanistan, 
     or in the case of an alien having no nationality, an alien 
     who last habitually resided in Afghanistan, who--
       (A) was--
       (i) a member of--

       (I) the special operations forces of the Afghanistan 
     National Defense and Security Forces;
       (II) the Afghanistan National Army Special Operations 
     Command;
       (III) the Afghan Air Force; or
       (IV) the Special Mission Wing of Afghanistan;

       (ii) a female member of any other entity of the Afghanistan 
     National Defense and Security Forces, including--

       (I) a cadet or instructor at the Afghanistan National 
     Defense University; and
       (II) a civilian employee of the Ministry of Defense or the 
     Ministry of Interior Affairs;

       (iii) an individual associated with former Afghan military 
     and police human intelligence activities, including operators 
     and Department of Defense sources;
       (iv) an individual associated with former Afghan military 
     counterintelligence, counterterrorism, or counternarcotics;
       (v) an individual associated with the former Afghan 
     Ministry of Defense, Ministry of Interior Affairs, or court 
     system, and who was involved in the investigation, 
     prosecution or detention of combatants or members of the 
     Taliban or criminal networks affiliated with the Taliban; or
       (vi) a senior military officer, senior enlisted personnel, 
     or civilian official who served on the staff of the former 
     Ministry of Defense or the former Ministry of Interior 
     Affairs of Afghanistan; or
       (B) provided service to an entity or organization described 
     in subparagraph (A) for not less than 1 year during the 
     period beginning on December 22, 2001, and ending on 
     September 1, 2021, and did so in support of the United States 
     mission in Afghanistan.
       (2) Inclusions.--For purposes of this section, the 
     Afghanistan National Defense and Security Forces includes 
     members of the security forces under the Ministry of Defense 
     and the Ministry of Interior Affairs of the Islamic Republic 
     of Afghanistan, including the Afghanistan National Army, the 
     Afghan Air Force, the Afghanistan National Police, and any 
     other entity designated by the Secretary of Defense as part 
     of the Afghanistan National Defense and Security Forces 
     during the relevant period of service of the applicant 
     concerned.
       (b) Refugee Status for Afghan Allies.--
       (1) Designation as refugees of special humanitarian 
     concern.--Afghan allies shall be considered refugees of 
     special humanitarian concern under section 207 of the 
     Immigration and Nationality Act (8 U.S.C. 1157), until the 
     later of 10 years after the date of enactment of this Act or 
     upon determination by the Secretary of State, in consultation 
     with the Secretary of Defense and the Secretary, that such 
     designation is no longer in the interest of the United 
     States.
       (2) Third country presence not required.--Notwithstanding 
     section 101(a)(42) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(42)), the Secretary of State and the Secretary 
     shall, to the greatest extent possible, conduct remote 
     refugee processing for an Afghan ally located in Afghanistan.
       (c) Afghan Allies Referral Program.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act--
       (A) the Secretary of Defense, in consultation with the 
     Secretary of State, shall establish a process by which an 
     individual may apply to the Secretary of Defense for 
     classification as an Afghan ally and request a referral to 
     the United States Refugee Admissions Program; and
       (B) the head of any appropriate department or agency that 
     conducted operations in Afghanistan during the period 
     beginning on December 22, 2001, and ending on September 1, 
     2021, in consultation with the Secretary of State, may 
     establish a process by which an individual may apply to the 
     head of the appropriate department or agency for 
     classification as an Afghan ally and request a referral to 
     the United States Refugee Admissions Program.
       (2) Application system.--
       (A) In general.--The process established under paragraph 
     (1) shall--
       (i) include the development and maintenance of a secure 
     online portal through which applicants may provide 
     information verifying their status as Afghan allies and 
     upload supporting documentation; and
       (ii) allow--

       (I) an applicant to submit his or her own application;
       (II) a designee of an applicant to submit an application on 
     behalf of the applicant; and

[[Page S753]]

       (III) in the case of an applicant who is outside the United 
     States, the submission of an application regardless of where 
     the applicant is located.

       (B) Use by other agencies.--The Secretary of Defense may 
     enter into arrangements with the head of any other 
     appropriate department or agency so as to allow the 
     application system established under subparagraph (A) to be 
     used by such department or agency.
       (3) Review process.--As soon as practicable after receiving 
     a request for classification and referral described in 
     paragraph (1), the head of the appropriate department or 
     agency shall--
       (A) review--
       (i) the service record of the applicant, if available;
       (ii) if the applicant provides a service record or other 
     supporting documentation, any information that helps verify 
     the service record concerned, including information or an 
     attestation provided by any current or former official of the 
     department or agency who has personal knowledge of the 
     eligibility of the applicant for such classification and 
     referral; and
       (iii) the data holdings of the department or agency and 
     other cooperating interagency partners, including biographic 
     and biometric records, iris scans, fingerprints, voice 
     biometric information, hand geometry biometrics, other 
     identifiable information, and any other information related 
     to the applicant, including relevant derogatory information; 
     and
       (B)(i) in a case in which the head of the department or 
     agency determines that the applicant is an Afghan ally 
     without significant derogatory information, refer the Afghan 
     ally to the United States Refugee Admissions Program as a 
     refugee; and
       (ii) include with such referral--

       (I) any service record concerned, if available;
       (II) if the applicant provides a service record, any 
     information that helps verify the service record concerned; 
     and
       (III) any biometrics for the applicant.

       (4) Review process for denial of request for referral.--
       (A) In general.--In the case of an applicant with respect 
     to whom the head of the appropriate department or agency 
     denies a request for classification and referral based on a 
     determination that the applicant is not an Afghan ally or 
     based on derogatory information--
       (i) the head of the department or agency shall provide the 
     applicant with a written notice of the denial that provides, 
     to the maximum extent practicable, a description of the basis 
     for the denial, including the facts and inferences, or 
     evidentiary gaps, underlying the individual determination; 
     and
       (ii) the applicant shall be provided an opportunity to 
     submit not more than 1 written appeal to the head of the 
     department or agency for each such denial.
       (B) Deadline for appeal.--An appeal under clause (ii) of 
     subparagraph (A) shall be submitted--
       (i) not more than 120 days after the date on which the 
     applicant concerned receives notice under clause (i) of that 
     subparagraph; or
       (ii) on any date thereafter, at the discretion of the head 
     of the appropriate department or agency.
       (C) Request to reopen.--
       (i) In general.--An applicant who receives a denial under 
     subparagraph (A) may submit a request to reopen a request for 
     classification and referral under the process established 
     under paragraph (1) so that the applicant may provide 
     additional information, clarify existing information, or 
     explain any unfavorable information.
       (ii) Limitation.--After considering 1 such request to 
     reopen from an applicant, the head of the appropriate 
     department or agency may deny subsequent requests to reopen 
     submitted by the same applicant.
       (5) Form and content of referral.--To the extent 
     practicable, the head of the appropriate department or agency 
     shall ensure that referrals made under this subsection--
       (A) conform to requirements established by the Secretary of 
     State for form and content; and
       (B) are complete and include sufficient contact 
     information, supporting documentation, and any other material 
     the Secretary of State or the Secretary consider necessary or 
     helpful in determining whether an applicant is entitled to 
     refugee status.
       (6) Termination.--The application process and referral 
     system under this subsection shall terminate upon the later 
     of 1 year before the termination of the designation under 
     subsection (b)(1) or on the date of a joint determination by 
     the Secretary of State and the Secretary of Defense, in 
     consultation with the Secretary, that such termination is in 
     the national interest of the United States.
       (d) General Provisions.--
       (1) Prohibition on fees.--The Secretary, the Secretary of 
     Defense, or the Secretary of State may not charge any fee in 
     connection with a request for a classification and referral 
     as a refugee under this section.
       (2) Defense personnel.--Any limitation in law with respect 
     to the number of personnel within the Office of the Secretary 
     of Defense, the military departments, or a Defense Agency (as 
     defined in section 101(a) of title 10, United States Code) 
     shall not apply to personnel employed for the primary purpose 
     of carrying out this section.
       (3) Representation.--An alien applying for admission to the 
     United States under this section may be represented during 
     the application process, including at relevant interviews and 
     examinations, by an attorney or other accredited 
     representative. Such representation shall not be at the 
     expense of the United States Government.
       (4) Protection of aliens.--The Secretary of State, in 
     consultation with the head of any other appropriate Federal 
     agency, shall make a reasonable effort to provide an alien 
     who has been classified as an Afghan ally and has been 
     referred as a refugee under this section protection or to 
     immediately remove such alien from Afghanistan, if possible.
       (5) Other eligibility for immigrant status.--No alien shall 
     be denied the opportunity to apply for admission under this 
     section solely because the alien qualifies as an immediate 
     relative or is eligible for any other immigrant 
     classification.
       (6) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as necessary for each of fiscal 
     years 2024 through 2034 to carry out this section.
       (e) Rule of Construction.--Nothing in this section may be 
     construed to inhibit the Secretary of State from accepting 
     refugee referrals from any entity.

     SEC. 4325. IMPROVING EFFICIENCY AND OVERSIGHT OF REFUGEE AND 
                   SPECIAL IMMIGRANT PROCESSING.

       (a) Acceptance of Fingerprint Cards and Submissions of 
     Biometrics.--In addition to the methods authorized under the 
     heading relating to the Immigration and Naturalization 
     Service under title I of the Departments of Commerce, 
     Justice, and State, the Judiciary, and Related Agencies 
     Appropriations Act of 1998 (Public Law 105-119, 111 Stat. 
     2448; 8 U.S.C. 1103 note), and other applicable law, and 
     subject to such safeguards as the Secretary, in consultation 
     with the Secretary of State or the Secretary of Defense, as 
     appropriate, shall prescribe to ensure the integrity of the 
     biometric collection (which shall include verification of 
     identity by comparison of such fingerprints with fingerprints 
     taken by or under the direct supervision of the Secretary 
     prior to or at the time of the individual's application for 
     admission to the United States), the Secretary may, in the 
     case of any application for any benefit under the Immigration 
     and Nationality Act (8 U.S.C. 1101 et seq.), accept 
     fingerprint cards or any other submission of biometrics--
       (1) prepared by international or nongovernmental 
     organizations under an appropriate agreement with the 
     Secretary or the Secretary of State;
       (2) prepared by employees or contractors of the Department 
     of Homeland Security or the Department of State; or
       (3) provided by an agency (as defined under section 3502 of 
     title 44, United States Code).
       (b) Staffing.--
       (1) Vetting.--The Secretary of State, the Secretary, the 
     Secretary of Defense, and any other agency authorized to 
     carry out the vetting process under this subtitle, shall each 
     ensure sufficient staffing, and request the resources 
     necessary, to efficiently and adequately carry out the 
     vetting of applicants for--
       (A) referral to the United States Refugee Admissions 
     Program, consistent with the determinations established under 
     section 207 of the Immigration and Nationality Act (8 U.S.C. 
     1157); and
       (B) special immigrant status.
       (2) Refugee resettlement.--The Secretary of Health and 
     Human Services shall ensure sufficient staffing to 
     efficiently provide assistance under chapter 2 of title IV of 
     the Immigration and Nationality Act (8 U.S.C. 1521 et seq.) 
     to refugees resettled in the United States.
       (c) Remote Processing.--Notwithstanding any other provision 
     of law, the Secretary of State and the Secretary shall employ 
     remote processing capabilities for refugee processing under 
     section 207 of the Immigration and Nationality Act (8 U.S.C. 
     1157), including secure digital file transfers, 
     videoconferencing and teleconferencing capabilities, remote 
     review of applications, remote interviews, remote collection 
     of signatures, waiver of the applicant's appearance or 
     signature (other than a final appearance and verification by 
     the oath of the applicant prior to or at the time of the 
     individual's application for admission to the United States), 
     waiver of signature for individuals under 5 years old, and 
     any other capability the Secretary of State and the Secretary 
     consider appropriate, secure, and likely to reduce processing 
     wait times at particular facilities.
       (d) Monthly Arrival Reports.--With respect to monthly 
     reports issued by the Secretary of State relating to United 
     States Refugee Admissions Program arrivals, the Secretary of 
     State shall report--
       (1) the number of monthly admissions of refugees, 
     disaggregated by priorities; and
       (2) the number of Afghan allies admitted as refugees.
       (e) Interagency Task Force on Afghan Ally Strategy.--
       (1) Establishment.--Not later than 180 days after the date 
     of the enactment of this Act, the President shall establish 
     an Interagency Task Force on Afghan Ally Strategy (referred 
     to in this section as the ``Task Force'')--
       (A) to develop and oversee the implementation of the 
     strategy and contingency plan described in subparagraph 
     (A)(i) of paragraph (4); and
       (B) to submit the report, and provide a briefing on the 
     report, as described in subparagraphs (A) and (B) of 
     paragraph (4).
       (2) Membership.--
       (A) In general.--The Task Force shall include--

[[Page S754]]

       (i) 1 or more representatives from each relevant Federal 
     agency, as designated by the head of the applicable relevant 
     Federal agency; and
       (ii) any other Federal Government official designated by 
     the President.
       (B) Relevant federal agency defined.--In this paragraph, 
     the term ``relevant Federal agency'' means--
       (i) the Department of State;
       (ii) the Department Homeland Security;
       (iii) the Department of Defense;
       (iv) the Department of Health and Human Services;
       (v) the Federal Bureau of Investigation; and
       (vi) the Office of the Director of National Intelligence.
       (3) Chair.--The Task Force shall be chaired by the 
     Secretary of State.
       (4) Duties.--
       (A) Report.--
       (i) In general.--Not later than 180 days after the date on 
     which the Task Force is established, the Task Force, acting 
     through the chair of the Task Force, shall submit a report to 
     the appropriate committees of Congress that includes--

       (I) a strategy for facilitating the resettlement of 
     nationals of Afghanistan outside the United States who, 
     during the period beginning on October 1, 2001, and ending on 
     September 1, 2021, directly and personally supported the 
     United States mission in Afghanistan, as determined by the 
     Secretary of State in consultation with the Secretary of 
     Defense; and
       (II) a contingency plan for future emergency operations in 
     foreign countries involving foreign nationals who have worked 
     directly with the United States Government, including the 
     Armed Forces of the United States and United States 
     intelligence agencies.

       (ii) Elements.--The report required under clause (i) shall 
     include--

       (I) the total number of nationals of Afghanistan who have 
     pending specified applications, disaggregated by--

       (aa) such nationals in Afghanistan and such nationals in a 
     third country;
       (bb) type of specified application; and
       (cc) applications that are documentarily complete and 
     applications that are not documentarily complete;

       (II) an estimate of the number of nationals of Afghanistan 
     who may be eligible for special immigrant status;
       (III) with respect to the strategy required under 
     subparagraph (A)(i)(I)--

       (aa) the estimated number of nationals of Afghanistan 
     described in such subparagraph;
       (bb) a description of the process for safely resettling 
     such nationals of Afghanistan;
       (cc) a plan for processing such nationals of Afghanistan 
     for admission to the United States that--
       (AA) discusses the feasibility of remote processing for 
     such nationals of Afghanistan residing in Afghanistan;
       (BB) includes any strategy for facilitating refugee and 
     consular processing for such nationals of Afghanistan in 
     third countries, and the timelines for such processing;
       (CC) includes a plan for conducting rigorous and efficient 
     vetting of all such nationals of Afghanistan for processing;
       (DD) discusses the availability and capacity of sites in 
     third countries to process applications and conduct any 
     required vetting for such nationals of Afghanistan, including 
     the potential to establish additional sites; and
       (EE) includes a plan for providing updates and necessary 
     information to affected individuals and relevant 
     nongovernmental organizations;
       (dd) a description of considerations, including resource 
     constraints, security concerns, missing or inaccurate 
     information, and diplomatic considerations, that limit the 
     ability of the Secretary of State or the Secretary to 
     increase the number of such nationals of Afghanistan who can 
     be safely processed or resettled;
       (ee) an identification of any resource or additional 
     authority necessary to increase the number of such nationals 
     of Afghanistan who can be processed or resettled;
       (ff) an estimate of the cost to fully implement the 
     strategy; and
       (gg) any other matter the Task Force considers relevant to 
     the implementation of the strategy;

       (IV) with respect to the contingency plan required by 
     clause (i)(II)--

       (aa) a description of the standard practices for screening 
     and vetting foreign nationals considered to be eligible for 
     resettlement in the United States, including a strategy for 
     vetting, and maintaining the records of, such foreign 
     nationals who are unable to provide identification documents 
     or biographic details due to emergency circumstances;
       (bb) a strategy for facilitating refugee or consular 
     processing for such foreign nationals in third countries;
       (cc) clear guidance with respect to which Federal agency 
     has the authority and responsibility to coordinate Federal 
     resettlement efforts;
       (dd) a description of any resource or additional authority 
     necessary to coordinate Federal resettlement efforts, 
     including the need for a contingency fund;
       (ee) any other matter the Task Force considers relevant to 
     the implementation of the contingency plan; and

       (V) a strategy for the efficient processing of all Afghan 
     special immigrant visa applications and appeals, including--

       (aa) a review of current staffing levels and needs across 
     all interagency offices and officials engaged in the special 
     immigrant visa process;
       (bb) an analysis of the expected Chief of Mission approvals 
     and denials of applications in the pipeline in order to 
     project the expected number of visas necessary to provide 
     special immigrant status to all approved applicants under 
     this subtitle during the several years after the date of the 
     enactment of this Act;
       (cc) an assessment as to whether adequate guidelines exist 
     for reconsidering or reopening applications for special 
     immigrant visas in appropriate circumstances and consistent 
     with applicable laws; and
       (dd) an assessment of the procedures throughout the special 
     immigrant visa application process, including at the 
     Portsmouth Consular Center, and the effectiveness of 
     communication between the Portsmouth Consular Center and 
     applicants, including an identification of any area in which 
     improvements to the efficiency of such procedures and 
     communication may be made.
       (iii) Form.--The report required under clause (i) shall be 
     submitted in unclassified form but may include a classified 
     annex.
       (B) Briefing.--Not later than 60 days after submitting the 
     report required by clause (i), the Task Force shall brief the 
     appropriate committees of Congress on the contents of the 
     report.
       (5) Termination.--The Task Force shall remain in effect 
     until the later of--
       (A) the date on which the strategy required under paragraph 
     (4)(A)(i)(I) has been fully implemented;
       (B) the date of a determination by the Secretary of State, 
     in consultation with the Secretary of Defense and the 
     Secretary, that a task force is no longer necessary for the 
     implementation of subparagraphs (A) and (B) of paragraph (1); 
     or
       (C) the date that is 10 years after the date of the 
     enactment of this Act.
       (f) Improving Consultation With Congress.--Section 207 of 
     the Immigration and Nationality Act (8 U.S.C. 1157) is 
     amended--
       (1) in subsection (a), by amending paragraph (4) to read as 
     follows:
       ``(4)(A) In the determination made under this subsection 
     for each fiscal year (beginning with fiscal year 1992), the 
     President shall enumerate, with the respective number of 
     refugees so determined, the number of aliens who were granted 
     asylum in the previous year.
       ``(B) In making a determination under paragraph (1), the 
     President shall consider the information in the most recently 
     published projected global resettlement needs report 
     published by the United Nations High Commissioner for 
     Refugees.'';
       (2) in subsection (e), by amending paragraph (2) to read as 
     follows:
       ``(2) A description of the number and allocation of the 
     refugees to be admitted, including the expected allocation by 
     region, and an analysis of the conditions within the 
     countries from which they came.''; and
       (3) by adding at the end the following--
       ``(g) Quarterly Reports on Admissions.--Not later than 30 
     days after the last day of each quarter beginning the fourth 
     quarter of fiscal year 2024, the President shall submit to 
     the Committee on Homeland Security and Governmental Affairs, 
     the Committee on the Judiciary, and the Committee on Foreign 
     Relations of the Senate and the Committee on Homeland 
     Security, the Committee on the Judiciary, and the Committee 
     on Foreign Affairs of the House of Representatives a report 
     that includes the following:
       ``(1) Refugees admitted.--
       ``(A) The number of refugees admitted to the United States 
     during the preceding quarter.
       ``(B) The cumulative number of refugees admitted to the 
     United States during the applicable fiscal year, as of the 
     last day of the preceding quarter.
       ``(C) The number of refugees expected to be admitted to the 
     United States during the remainder of the applicable fiscal 
     year.
       ``(D) The number of refugees from each region admitted to 
     the United States during the preceding quarter.
       ``(2) Aliens with pending security checks.--With respect 
     only to aliens processed under section 101(a)(27)(N), 
     subtitle C of title III of the Border Act, or section 
     602(b)(2)(A)(ii)(II) of the Afghan Allies Protection Act of 
     2009 (8 U.S.C. 1101 note; Public Law 111-8)--
       ``(A) the number of aliens, by nationality, security check, 
     and responsible vetting agency, for whom a National Vetting 
     Center or other security check has been requested during the 
     preceding quarter, and the number of aliens, by nationality, 
     for whom the check was pending beyond 30 days; and
       ``(B) the number of aliens, by nationality, security check, 
     and responsible vetting agency, for whom a National Vetting 
     Center or other security check has been pending for more than 
     180 days.
       ``(3) Circuit rides.--
       ``(A) For the preceding quarter--
       ``(i) the number of Refugee Corps officers deployed on 
     circuit rides and the overall number of Refugee Corps 
     officers;
       ``(ii) the number of individuals interviewed--

       ``(I) on each circuit ride; and
       ``(II) at each circuit ride location;

       ``(iii) the number of circuit rides; and
       ``(iv) for each circuit ride, the duration of the circuit 
     ride.
       ``(B) For the subsequent 2 quarters, the number of circuit 
     rides planned.

[[Page S755]]

       ``(4) Processing.--
       ``(A) For refugees admitted to the United States during the 
     preceding quarter, the average number of days between--
       ``(i) the date on which an individual referred to the 
     United States Government as a refugee applicant is 
     interviewed by the Secretary of Homeland Security; and
       ``(ii) the date on which such individual is admitted to the 
     United States.
       ``(B) For refugee applicants interviewed by the Secretary 
     of Homeland Security in the preceding quarter, the approval, 
     denial, recommended approval, recommended denial, and hold 
     rates for the applications for admission of such individuals, 
     disaggregated by nationality.''.

     SEC. 4326. SUPPORT FOR CERTAIN VULNERABLE AFGHANS RELATING TO 
                   EMPLOYMENT BY OR ON BEHALF OF THE UNITED 
                   STATES.

       (a) Special Immigrant Visas for Certain Relatives of 
     Certain Members of the Armed Forces.--
       (1) In general.--Section 101(a)(27) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(27)) is amended--
       (A) in subparagraph (L)(iii), by adding a semicolon at the 
     end;
       (B) in subparagraph (M), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(N) a citizen or national of Afghanistan who is the 
     parent or brother or sister of--
       ``(i) a member of the armed forces (as defined in section 
     101(a) of title 10, United States Code); or
       ``(ii) a veteran (as defined in section 101 of title 38, 
     United States Code).''.
       (2) Numerical limitations.--
       (A) In general.--Subject to subparagraph (C), the total 
     number of principal aliens who may be provided special 
     immigrant visas under subparagraph (N) of section 101(a)(27) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(27)), as added by paragraph (1), may not exceed 2,500 
     each fiscal year.
       (B) Carryover.--If the numerical limitation specified in 
     subparagraph (A) is not reached during a given fiscal year, 
     the numerical limitation specified in such subparagraph for 
     the following fiscal year shall be increased by a number 
     equal to the difference between--
       (i) the numerical limitation specified in subparagraph (A) 
     for the given fiscal year; and
       (ii) the number of principal aliens provided special 
     immigrant visas under subparagraph (N) of section 101(a)(27) 
     of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)) 
     during the given fiscal year.
       (C) Maximum number of visas.--The total number of aliens 
     who may be provided special immigrant visas under 
     subparagraph (N) of section 101(a)(27) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(27)) shall not exceed 
     10,000.
       (D) Duration of authority.--The authority to issue visas 
     under subparagraph (N) of section 101(a)(27) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(27)) 
     shall--
       (i) commence on the date of the enactment of this Act; and
       (ii) terminate on the date on which all such visas are 
     exhausted.
       (b) Certain Afghans Injured or Killed in the Course of 
     Employment.--Section 602(b) of the Afghan Allies Protection 
     Act of 2009 (8 U.S.C. 1101 note; Public Law 111-8) is 
     amended--
       (1) in paragraph (2)(A)--
       (A) by amending clause (ii) to read as follows:
       ``(ii)(I) was or is employed in Afghanistan on or after 
     October 7, 2001, for not less than 1 year--

       ``(aa) by, or on behalf of, the United States Government; 
     or
       ``(bb) by the International Security Assistance Force (or 
     any successor name for such Force) in a capacity that 
     required the alien--

       ``(AA) while traveling off-base with United States military 
     personnel stationed at the International Security Assistance 
     Force (or any successor name for such Force), to serve as an 
     interpreter or translator for such United States military 
     personnel; or
       ``(BB) to perform activities for the United States military 
     personnel stationed at International Security Assistance 
     Force (or any successor name for such Force); or
       ``(II) in the case of an alien who was wounded or seriously 
     injured in connection with employment described in subclause 
     (I), was employed for any period until the date on which such 
     wound or injury occurred, if the wound or injury prevented 
     the alien from continuing such employment;''; and
       (B) in clause (iii), by striking ``clause (ii)'' and 
     inserting ``clause (ii)(I)'';
       (2) in paragraph (13)(A)(i), by striking ``subclause (I) or 
     (II)(bb) of paragraph (2)(A)(ii)'' and inserting ``item (aa) 
     or (bb)(BB) of paragraph (2)(A)(ii)(I)'';
       (3) in paragraph (14)(C), by striking ``paragraph 
     (2)(A)(ii)'' and inserting ``paragraph (2)(A)(ii)(I)''; and
       (4) in paragraph (15), by striking ``paragraph (2)(A)(ii)'' 
     and inserting ``paragraph (2)(A)(ii)(I)''.
       (c) Extension of Special Immigrant Visa Program Under 
     Afghan Allies Protection Act of 2009.--Section 602(b) of the 
     Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note; 
     Public Law 111-8) is amended--
       (1) in paragraph (3)(F)--
       (A) in the subparagraph heading, by striking ``Fiscal years 
     2015 through 2022'' and inserting ``Fiscal years 2015 through 
     2029''; and
       (B) in clause (i), by striking ``December 31, 2024'' and 
     inserting ``December 31, 2029''; and
       (C) in clause (ii), by striking ``December 31, 2024'' and 
     inserting ``December 31, 2029''; and
       (2) in paragraph (13), in the matter preceding subparagraph 
     (A), by striking ``January 31, 2024'' and inserting ``January 
     31, 2030''.
       (d) Authorization of Virtual Interviews.--Section 602(b)(4) 
     of the Afghan Allies Protection Act of 2009 ( 8 U.S.C. 1101 
     note; Public Law 111-8;) is amended by adding at the end the 
     following:
       ``(D) Virtual interviews.--Notwithstanding section 222(e) 
     of the Immigration and Nationality Act (8 U.S.C. 1202(e)), an 
     application for an immigrant visa under this section may be 
     signed by the applicant through a virtual video meeting 
     before a consular officer and verified by the oath of the 
     applicant administered by the consular officer during a 
     virtual video meeting.''.
       (e) Quarterly Reports.--Paragraph (12) of section 602(b) of 
     the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note; 
     Public Law 111-8) is amended is amended to read as follows:
       ``(12) Quarterly reports.--
       ``(A) Report to congress.--Not later than 120 days after 
     the date of enactment of the Border Act and every 90 days 
     thereafter, the Secretary of State and the Secretary of 
     Homeland Security, in consultation with the Secretary of 
     Defense, shall submit to the appropriate committees of 
     Congress a report that includes the following:
       ``(i) For the preceding quarter--

       ``(I) a description of improvements made to the processing 
     of special immigrant visas and refugee processing for 
     citizens and nationals of Afghanistan;
       ``(II) the number of new Afghan referrals to the United 
     States Refugee Admissions Program, disaggregated by referring 
     entity;
       ``(III) the number of interviews of Afghans conducted by 
     U.S. Citizenship and Immigration Services, disaggregated by 
     the country in which such interviews took place;
       ``(IV) the number of approvals and the number of denials of 
     refugee status requests for Afghans;
       ``(V) the number of total admissions to the United States 
     of Afghan refugees;
       ``(VI) number of such admissions, disaggregated by whether 
     the refugees come from within, or outside of, Afghanistan;
       ``(VII) the average processing time for citizens and 
     nationals of Afghanistan who are applicants for referral 
     under section 4324 of the Border Act;
       ``(VIII) the number of such cases processed within such 
     average processing time; and
       ``(IX) the number of denials issued with respect to 
     applications by citizens and nationals of Afghanistan for 
     referrals under section 4324 of the Border Act.

       ``(ii) The number of applications by citizens and nationals 
     of Afghanistan for refugee referrals pending as of the date 
     of submission of the report.
       ``(iii) A description of the efficiency improvements made 
     in the process by which applications for special immigrant 
     visas under this subsection are processed, including 
     information described in clauses (iii) through (viii) of 
     paragraph (11)(B).
       ``(B) Form of report.--Each report required by subparagraph 
     (A) shall be submitted in unclassified form but may contain a 
     classified annex.
       ``(C) Public posting.--The Secretary of State shall publish 
     on the website of the Department of State the unclassified 
     portion of each report submitted under subparagraph (A).''.
       (f) General Provisions.--
       (1) Prohibition on fees.--The Secretary, the Secretary of 
     Defense, or the Secretary of State may not charge any fee in 
     connection with an application for, or issuance of, a special 
     immigrant visa or special immigrant status under--
       (A) section 602 of the Afghan Allies Protection Act of 2009 
     (8 U.S.C. 1101 note; Public Law 111-8);
       (B) section 1059 of the National Defense Authorization Act 
     for Fiscal Year 2006 (8 U.S.C. 1101 note; Public Law 109-
     163); or
       (C) subparagraph (N) of section 101(a)(27) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(27)), as 
     added by subsection (a)(1).
       (2) Defense personnel.--Any limitation in law with respect 
     to the number of personnel within the Office of the Secretary 
     of Defense, the military departments, or a Defense Agency (as 
     defined in section 101(a) of title 10, United States Code) 
     shall not apply to personnel employed for the primary purpose 
     of carrying out this section.
       (3) Protection of aliens.--The Secretary of State, in 
     consultation with the head of any other appropriate Federal 
     agency, shall make a reasonable effort to provide an alien 
     who is seeking status as a special immigrant under 
     subparagraph (N) of section 101(a)(27) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(27)), as added by 
     subsection (a)(1), protection or to immediately remove such 
     alien from Afghanistan, if possible.
       (4) Resettlement support.--A citizen or national of 
     Afghanistan who is admitted to the United States under this 
     section or an amendment made by this section shall be 
     eligible for resettlement assistance, entitlement programs, 
     and other benefits available to refugees admitted under 
     section 207 of the Immigration and Nationality Act (8 U.S.C. 
     1157) to the same extent, and for the same periods of time, 
     as such refugees.

[[Page S756]]

  


     SEC. 4327. SUPPORT FOR ALLIES SEEKING RESETTLEMENT IN THE 
                   UNITED STATES.

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

     SEC. 4328. REPORTING.

       (a) Quarterly Reports.--Beginning on January 1, 2028, not 
     less frequently than quarterly, the Secretary shall submit to 
     the Committee on the Judiciary of the Senate and the 
     Committee on the Judiciary of the House of Representatives a 
     report that includes, for the preceding quarter--
       (1) the number of individuals granted conditional permanent 
     resident status under section 4323, disaggregated by the 
     number of such individuals for whom conditions have been 
     removed;
       (2) the number of individuals granted conditional permanent 
     resident status under section 4323 who have been determined 
     to be ineligible for removal of conditions (and the reasons 
     for such determination); and
       (3) the number of individuals granted conditional permanent 
     resident status under section 4323 for whom no such 
     determination has been made (and the reasons for the lack of 
     such determination).
       (b) Annual Reports.--Not less frequently than annually, the 
     Secretary, in consultation with the Attorney General, shall 
     submit to the appropriate committees of Congress a report 
     that includes for the preceding year, with respect to 
     individuals granted conditional permanent resident status 
     under section 4323--
       (1) the number of such individuals who are placed in 
     removal proceedings under section 240 of the Immigration and 
     Nationality Act (8 U.S.C. 1229a) charged with a ground of 
     deportability under subsection (a)(2) of section 237 of that 
     Act (8 U.S.C. 1227), disaggregated by each applicable ground 
     under that subsection;
       (2) the number of such individuals who are placed in 
     removal proceedings under section 240 of the Immigration and 
     Nationality Act (8 U.S.C. 1229a) charged with a ground of 
     deportability under subsection (a)(3) of section 237 of that 
     Act (8 U.S.C. 1227), disaggregated by each applicable ground 
     under that subsection;
       (3) the number of final orders of removal issued pursuant 
     to proceedings described in paragraphs (1) and (2), 
     disaggregated by each applicable ground of deportability;
       (4) the number of such individuals for whom such 
     proceedings are pending, disaggregated by each applicable 
     ground of deportability; and
       (5) a review of the available options for removal from the 
     United States, including any changes in the feasibility of 
     such options during the preceding year.

                 TITLE IV--PROMOTING LEGAL IMMIGRATION

     SEC. 4401. EMPLOYMENT AUTHORIZATION FOR FIANCES, FIANCEES, 
                   SPOUSES, AND CHILDREN OF UNITED STATES CITIZENS 
                   AND SPECIALTY WORKERS.

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

     SEC. 4402. ADDITIONAL VISAS.

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

     SEC. 4403. CHILDREN OF LONG-TERM VISA HOLDERS.

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

[[Page S757]]

       (3) Employment authorization.--An alien with a pending, 
     nonfrivolous motion under this subsection shall be authorized 
     to engage in employment through the date on which a final 
     administrative decision regarding such motion has been made.

     SEC. 4404. MILITARY NATURALIZATION MODERNIZATION.

       (a) In General.--Chapter 2 of title III of the Immigration 
     and Nationality Act (8 U.S.C. 1421 et seq.) is amended--
       (1) by striking section 328 (8 U.S.C. 1439); and
       (2) in section 329 (8 U.S.C. 1440)--
       (A) by amending the section heading to read as follows: 
     ``naturalization through service in the selected reserve or 
     in active-duty status.--'';
       (B) in subsection (a)--
       (i) in the matter preceding paragraph (1), by striking 
     ``during either'' and all that follows through ``foreign 
     force'';
       (ii) in paragraph (1)--

       (I) by striking ``America Samoa, or Swains Island'' and 
     inserting ``American Samoa, Swains Island, or any of the 
     freely associated States (as defined in section 611(b)(1)(C) 
     of the Individuals with Disabilities Education Act (20 U.S.C. 
     1411(b)(1)(C)),''; and
       (II) by striking ``he'' and inserting ``such person''; and

       (iii) in paragraph (2), by striking ``in an active-duty 
     status, and whether separation from such service was under 
     honorable conditions'' and inserting ``in accordance with 
     subsection (b)(3)''; and
       (C) in subsection (b)--
       (i) in paragraph (1), by striking ``he'' and inserting 
     ``such person''; and
       (ii) in paragraph (3), by striking ``an active-duty 
     status'' and all that follows through ``foreign force, and'' 
     and inserting ``in an active status (as defined in section 
     101(d) of title 10, United States Code), in the Selected 
     Reserve of the Ready Reserve, or on active duty (as defined 
     in such section) and, if separated''.
       (b) Clerical Amendment.--The table of contents for the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
     amended by striking the items relating to sections 328 and 
     329 and inserting the following:

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

     SEC. 4405. TEMPORARY FAMILY VISITS.

       (a) Establishment of New Nonimmigrant Visa Subcategory.--
     Section 101(a)(15)(B) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)(15)(B)) is amended by striking 
     ``temporarily for business or temporarily for pleasure;'' and 
     inserting ``temporarily for--
       ``(i) business;
       ``(ii) pleasure; or
       ``(iii) family purposes;''.
       (b) Requirements Applicable to Family Purposes Visas.--
     Section 214 of the Immigration and Nationality Act (8 U.S.C. 
     1184), as amended by section 4403(b), is further amended by 
     adding at the end the following:
       ``(t) Requirements Applicable to Family Purposes Visas.--
       ``(1) Defined term.--In this subsection and in section 
     101(a)(15)(B)(iii), the term `family purposes' means any 
     visit by a relative for a social, occasional, major life, or 
     religious event, or for any other purpose.
       ``(2) Family purposes visa.--Except as provided in 
     paragraph (3), family travel for pleasure is authorized 
     pursuant to the policies, terms, and conditions in effect on 
     the day before the date of the enactment of the Border Act.
       ``(3) Special rules for family purposes visas for aliens 
     awaiting immigrant visas.--
       ``(A) Notification of approved petition.--A visa may not be 
     issued to a relative under section 101(a)(15)(B)(iii) until 
     after the consular officer is notified that the Secretary of 
     Homeland Security has approved a petition filed in the United 
     States by a family member of the relative who is a United 
     States citizen or lawful permanent resident.
       ``(B) Petition.--A petition referred to in subparagraph (A) 
     shall--
       ``(i) be in such form and contain such information as the 
     Secretary may prescribe by regulation; and
       ``(ii) shall include--

       ``(I) a declaration of financial support, affirming that 
     the petitioner will provide financial support to the relative 
     for the duration of his or her temporary stay in the United 
     States;
       ``(II) evidence that the relative has--

       ``(aa) obtained, for the duration of his or her stay in the 
     United States, a short-term travel medical insurance policy; 
     or
       ``(bb) an existing health insurance policy that provides 
     coverage for international medical expenses; and

       ``(III) a declaration from the relative, under penalty of 
     perjury, affirming the relative's--

       ``(aa) intent to depart the United States at the conclusion 
     of the relative's period of authorized admission; and
       ``(bb) awareness of the penalties for overstaying such 
     period of authorized admission.
       ``(4) Petitioner eligibility.--
       ``(A) In general.--Absent extraordinary circumstances, an 
     individual may not petition for the admission of a relative 
     as a nonimmigrant described in section 101(a)(15)(B)(iii) if 
     such individual previously petitioned for the admission of 
     such a relative who--
       ``(i) was admitted to the United States pursuant to a visa 
     issued under such section as a result of such petition; and
       ``(ii) overstayed his or her period of authorized 
     admission.
       ``(B) Previous petitioners.--
       ``(i) In general.--An individual filing a declaration of 
     financial support on behalf of a relative seeking admission 
     as a nonimmigrant described in section 101(a)(15)(B)(iii) who 
     has previously provided a declaration of financial support 
     for such a relative shall--

       ``(I) certify to the Secretary of Homeland Security that 
     the relative whose admission the individual previously 
     supported did not overstay his or her period of authorized 
     admission; or
       ``(II) explain why the relative's overstay was due to 
     extraordinary circumstances beyond the control of the 
     relative.

       ``(ii) Criminal penalty for false statement.--A 
     certification under clause (i)(I) shall be subject to the 
     requirements under section 1001 of title 18, United States 
     Code.
       ``(C) Waiver.--The Secretary of Homeland Security may waive 
     the application of section 212(a)(9)(B) in the case of a 
     nonimmigrant described in section 101(a)(15)(B)(iii) who 
     overstayed his or her period of authorized admission due to 
     extraordinary circumstances beyond the control of the 
     nonimmigrant.''.
       (c) Restriction on Change of Status.--Section 248(a)(1) of 
     the Immigration and Nationality Act (8 U.S.C. 1258(a)(1)) is 
     amended by inserting ``(B)(iii),'' after ``subparagraph''.
       (d) Family Purpose Visa Eligibility While Awaiting 
     Immigrant Visa.--
       (1) In general.--Notwithstanding section 214(b) of the 
     Immigration and Nationality Act (8 U.S.C. 1184(b)), a 
     nonimmigrant described in section 101(a)(15)(B)(iii) of such 
     Act, as added by subsection (a), who has been classified as 
     an immigrant under section 201 of such Act (8 U.S.C. 1151) 
     and is awaiting the availability of an immigrant visa subject 
     to the numerical limitations under section 203 of such Act (8 
     U.S.C. 1153) may be admitted pursuant to a family purposes 
     visa, in accordance with section 214(t) of such Act, as added 
     by subsection (b), if the individual is otherwise eligible 
     for admission.
       (2) Limitation.--An alien admitted under section 
     101(a)(15)(B)(iii) of the Immigration and Nationality Act, 
     pursuant to section 214(t)(3) of such Act, as added by 
     subsection (b), may not be considered to have been admitted 
     to the United States for purposes of section 245(a) of such 
     Act (8 U.S.C. 1255(a)).
       (e) Rule of Construction.--Nothing in this section, or in 
     the amendments made by this section, may be construed as--
       (1) limiting the authority of immigration officers to 
     refuse to admit to the United States an applicant under 
     section 101(a)(15)(B)(iii) of the Immigration and Nationality 
     Act, as added by subsection (a), who fails to meet 1 or more 
     of the criteria under section 214(t) of such Act, as added by 
     subsection (b), or who is inadmissible under section 212(a) 
     of such Act (8 U.S.C. 1182(a)); or
       (2) precluding the use of section 101(a)(15)(B)(ii) of the 
     Immigration and Nationality Act, as added by subsection (a), 
     for family travel for pleasure in accordance with the 
     policies and procedures in effect on the day before the date 
     of the enactment of this Act.

               TITLE V--SELF-SUFFICIENCY AND DUE PROCESS

                    Subtitle A--Work Authorizations

     SEC. 4501. WORK AUTHORIZATION.

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

     SEC. 4502. EMPLOYMENT ELIGIBILITY.

       (a) In General.--Chapter 4 of title II of the Immigration 
     and Nationality Act (8 U.S.C. 1221 et seq.), as amended by 
     section 4141(a), is further amended by adding at the end the 
     following:

     ``SEC. 235C. EMPLOYMENT ELIGIBILITY.

       ``(a) Expedited Employment Eligibility.--
       ``(1) In general.--The Secretary of Homeland Security shall 
     authorize employment for any alien who--
       ``(A)(i) is processed under the procedures described in 
     section 235(b)(1) and receives a positive protection 
     determination pursuant to such procedures; or
       ``(ii)(I) is processed under the procedures described in 
     section 235B; and
       ``(II)(aa) receives a positive protection determination and 
     is subsequently referred under section 235B(c)(2)(B)(i) for a 
     protection merits interview; or
       ``(bb) is referred under section 235B(f)(1) for a 
     protection merits interview; and
       ``(B) is released from the physical custody of the 
     Secretary of Homeland Security.
       ``(2) Application.--The Secretary of Homeland Security 
     shall grant employment authorization to--
       ``(A) an alien described in paragraph (1)(A)(i) immediately 
     upon such alien's release from physical custody;
       ``(B) an alien described in paragraph (1)(A)(ii)(II)(aa) at 
     the time such alien receives a positive protection 
     determination or

[[Page S758]]

     is referred for a protection merits interview; and
       ``(C) an alien described in paragraph (1)(A)(ii)(II)(bb) on 
     the date that is 30 days after the date on which such alien 
     files an application pursuant to section 235B(f).
       ``(b) Term.--Employment authorization under this section--
       ``(1) shall be for an initial period of 2 years; and
       ``(2) shall be renewable, as applicable--
       ``(A) for additional 2-year periods while the alien is in 
     protection merits removal proceedings, including while the 
     outcome of the protection merits interview is under 
     administrative or judicial review; or
       ``(B) until the date on which--
       ``(i) the alien receives a negative protection merits 
     determination; or
       ``(ii) the alien otherwise receives employment 
     authorization under any other provision of this Act.
       ``(c) Rules of Construction.--
       ``(1) Detention.--Nothing in this section may be construed 
     to expand or restrict the authority of the Secretary of 
     Homeland Security to detain or release from detention an 
     alien, if such detention or release from detention is 
     authorized by law.
       ``(2) Limitation on authority.--The Secretary of Homeland 
     Security may not authorize for employment in the United 
     States an alien being processed under section 235(b)(1) or 
     235B in any circumstance not explicitly described in this 
     section.''.
       (b) Conforming Amendment.--The table of contents for the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
     amended by inserting after the item relating to section 235B, 
     as added by section 4141(b), the following:

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

                   Subtitle B--Protecting Due Process

     SEC. 4511. ACCESS TO COUNSEL.

       (a) In General.--Section 235(b)(1)(B)(iv) of the 
     Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(B)(iv)) 
     is amended to read as follows:
       ``(iv) Information about protection determinations.--

       ``(I) In general.--The Secretary of Homeland Security shall 
     provide an alien with information in plain language regarding 
     protection determinations conducted under this section, 
     including the information described in subclause (II)--

       ``(aa) at the time of the initial processing of the alien; 
     and
       ``(bb) to the maximum extent practicable, in the alien's 
     native language or in a language the alien understands.

       ``(II) Information described.--The information described in 
     this subclause is information relating to--

       ``(aa) the rights and obligations of the alien during a 
     protection determination;
       ``(bb) the process by which a protection determination is 
     conducted;
       ``(cc) the procedures to be followed by the alien in a 
     protection determination; and
       ``(dd) the possible consequences of--
       ``(AA) not complying with the obligations referred to in 
     item (aa); and
       ``(BB) not cooperating with Federal authorities.

       ``(III) Accessibility.--An alien who has a limitation that 
     renders the alien unable to read written materials provided 
     under subclause (I) shall receive an interpretation of such 
     materials in the alien's native language, to the maximum 
     extent practicable, or in a language and format the alien 
     understands.
       ``(IV) Timing of protection determination.--

       ``(aa) In general.--The protection determination of an 
     alien shall not occur earlier than 72 hours after the 
     provision of the information described in subclauses (I) and 
     (II).
       ``(bb) Waiver.--An alien may--
       ``(AA) waive the 72-hour requirement under item (aa) only 
     if the alien knowingly and voluntarily does so, only in a 
     written format or in an alternative record if the alien is 
     unable to write, and only after the alien receives the 
     information required to be provided under subclause (I); and
       ``(BB) consult with an individual of the alien's choosing 
     in accordance with subclause (V) before waiving such 
     requirement.

       ``(V) Consultation.--

       ``(aa) In general.--An alien who is eligible for a 
     protection determination may consult with one or more 
     individuals of the alien's choosing before the screening or 
     interview, or any review of such a screening or interview, in 
     accordance with regulations prescribed by the Secretary of 
     Homeland Security.
       ``(bb) Limitation.--Consultation described in item (aa) 
     shall be at no expense to the Federal Government.
       ``(cc) Participation in interview.--An individual chosen by 
     the alien may participate in the protection determination of 
     the alien conducted under this subparagraph.
       ``(dd) Access.--The Secretary of Homeland Security shall 
     ensure that a detained alien has effective access to the 
     individuals chosen by the alien, which may include physical 
     access, telephonic access, and access by electronic 
     communication.
       ``(ee) Inclusions.--Consultations under this subclause may 
     include--
       ``(AA) consultation with an individual authorized by the 
     Department of Justice through the Recognition and 
     Accreditation Program; and
       ``(BB) consultation with an attorney licensed under 
     applicable law.
       ``(ff) Rules of construction.--Nothing in this subclause 
     may be construed--
       ``(AA) to require the Federal Government to pay for any 
     consultation authorized under item (aa);
       ``(BB) to invalidate or limit the remedies, rights, and 
     procedures of any Federal law that provides protection for 
     the rights of individuals with disabilities; or
       ``(CC) to contravene or limit the obligations under the 
     Vienna Convention on Consular Relations done at Vienna April 
     24, 1963.''.
       (b) Conforming Amendment.--Section 238(a)(2) of the 
     Immigration and Nationality Act (8 U.S.C. 1228(a)(2)) is 
     amended by striking ``make reasonable efforts to ensure that 
     the alien's access to counsel'' and inserting ``ensure that 
     the alien's access to counsel, pursuant to section 
     235(b)(1)(B)(iv),''.

     SEC. 4512. COUNSEL FOR CERTAIN UNACCOMPANIED ALIEN CHILDREN.

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

       ``(I) shall not attach to--

       ``(aa) an unaccompanied alien child after the date on 
     which--
       ``(AA) the removal proceedings of the child under section 
     240 of the Immigration and Nationality Act (8 U.S.C. 1229a) 
     terminate;
       ``(BB) an order of removal with respect to the child 
     becomes final; or
       ``(CC) an immigration benefit is granted to the child; or
       ``(bb) an appeal to a district court or court of appeals of 
     the United States, unless certified by the Secretary as a 
     case of extraordinary importance; and

       ``(II) shall attach to administrative reviews and appeals.

       ``(iv) Implementation.--Not later than 90 days after the 
     date of the enactment of the Border Act, the Secretary of 
     Health and Human Services shall implement this subparagraph
       ``(v) Remedies.--

       ``(I) In general.--For the population described in clause 
     (i) of this subparagraph and subsection (b)(1) of section 292 
     of the Immigration and Nationality Act (8 U.S.C. 1362), 
     declaratory judgment that the unaccompanied alien child has a 
     right to be referred to counsel, including pro-bono counsel, 
     or a continuance of immigration proceedings, shall be the 
     exclusive remedies available, other than for those funds 
     subject to appropriations.
       ``(II) Settlements.--Any settlement under this subparagraph 
     shall be subject to appropriations.''.

     SEC. 4513. COUNSEL FOR CERTAIN INCOMPETENT INDIVIDUALS.

       Section 240 of the Immigration and Nationality Act (8 
     U.S.C. 1158(a)) is amended--
       (1) by redesignating subsection (e) as subsection (f); and
       (2) by inserting after subsection (d) the following:
       ``(e) Representation for Certain Incompetent Aliens.--
       ``(1) In general.--The immigration judge is authorized to 
     appoint legal counsel or a certified representative 
     accredited through the Department of Justice to represent an 
     alien in removal proceedings if--
       ``(A) pro bono counsel is not available; and
       ``(B) the alien--
       ``(i) is unrepresented;
       ``(ii) was found by an immigration judge to be incompetent 
     to represent themselves; and
       ``(iii) has been placed in or referred to removal 
     proceedings pursuant to this section.
       ``(2) Determination on competence.--
       ``(A) Presumption of competence.--An alien is presumed to 
     be competent to participate in removal proceedings and has 
     the duty to raise the issue of competency. If there are no 
     indicia of incompetency in an alien's case, no further 
     inquiry regarding competency is required.
       ``(B) Decision of the immigration judge.--
       ``(i) In general.--If there are indicia of incompetency, 
     the immigration judge shall

[[Page S759]]

     consider whether there is good cause to believe that the 
     alien lacks sufficient competency to proceed without 
     additional safeguards.
       ``(ii) Incompetency test.--The test for determining whether 
     an alien is incompetent to participate in immigration 
     proceedings, is not malingering, and consequently lacks 
     sufficient capacity to proceed, is whether the alien, not 
     solely on account of illiteracy or language barriers--

       ``(I) lacks a rational and factual understanding of the 
     nature and object of the proceedings;
       ``(II) cannot consult with an available attorney or 
     representative; and
       ``(III) does not have a reasonable opportunity to examine 
     and present evidence and cross-examine witnesses.

       ``(iii) No appeal.--A decision of an immigration judge 
     under this subparagraph may not be appealed administratively 
     and is not subject to judicial review.
       ``(C) Effect of finding of incompetence.--A finding by an 
     immigration judge that an alien is incompetent to represent 
     himself or herself in removal proceedings shall not prejudice 
     the outcome of any proceeding under this section or any 
     finding by the immigration judge with respect to whether the 
     alien is inadmissible under section 212 or removable under 
     section 237.
       ``(3) Quarterly report.--Not later than 90 days after the 
     effective date of a final rule implementing this subsection, 
     and quarterly thereafter, the Director of the Executive 
     Office for Immigration Review shall submit to the appropriate 
     committees of Congress a report that includes--
       ``(A)(i) the number of aliens in proceedings under this 
     section who claimed during the reporting period to be 
     incompetent to represent themselves, disaggregated by 
     immigration court and immigration judge; and
       ``(ii) a description of each reason given for such claims, 
     such as mental disease or mental defect; and
       ``(B)(i) the number of aliens in proceedings under this 
     section found during the reporting period by an immigration 
     judge to be incompetent to represent themselves, 
     disaggregated by immigration court and immigration judge; and
       ``(ii) a description of each reason upon which such 
     findings were based, such as mental disease or mental defect.
       ``(4) Rule of construction.--Nothing in this subsection may 
     be construed--
       ``(A) to require the Secretary of Homeland Security or the 
     Attorney General to analyze whether an alien is incompetent 
     to represent themselves, absent an indicia of incompetency;
       ``(B) to establish a substantive due process right;
       ``(C) to automatically equate a diagnosis of a mental 
     illness to a lack of competency;
       ``(D) to limit the ability of the Attorney General or the 
     immigration judge to prescribe safeguards to protect the 
     rights and privileges of the alien;
       ``(E) to limit any authorized representation program by a 
     State, local, or Tribal government;
       ``(F) to provide any statutory right to representation in 
     any proceeding authorized under this Act, unless such right 
     is already authorized by law; or
       ``(G) to interfere with, create, or expand any right or 
     responsibility established through a court order or 
     settlement agreement in effect before the date of the 
     enactment of the Border Act.
       ``(5) Rulemaking.--The Attorney General is authorized to 
     prescribe regulations to carry out this subsection.''.

     SEC. 4514. CONFORMING AMENDMENT.

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

     ``SEC. 292. RIGHT TO COUNSEL.

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

                  TITLE VI--ACCOUNTABILITY AND METRICS

     SEC. 4601. EMPLOYMENT AUTHORIZATION COMPLIANCE.

       Not later than 1 year and 180 days after the date of the 
     enactment of this Act, and annually thereafter, the Secretary 
     shall submit a report to the appropriate committees of 
     Congress and to the public that describes the actions taken 
     by Secretary pursuant to section 235C of the Immigration and 
     Nationality Act, as added by section 4502, including--
       (1) the number of employment authorization applications 
     granted or denied pursuant to subsection (a)(1) of such 
     section 235C, disaggregated by whether the alien concerned 
     was processed under the procedures described in section 
     235(b)(1) or 235B of such Act;
       (2) the ability of the Secretary to comply with the 
     timelines for provision of work authorization prescribed in 
     subparagraphs (A) through (C) of section 235C(a)(2) of such 
     Act, including whether complying with subparagraphs (A) and 
     (B) of such section 235C(a)(2) has caused delays in the 
     processing of such aliens;
       (3) the number of employment authorizations revoked due to 
     an alien's failure to comply with the requirements under 
     section 235B(f)(5)(B) of the Immigration and Nationality Act, 
     as added by section 4141, or for any other reason, along with 
     the articulated basis; and
       (4) the average time for the revocation of an employment 
     authorization if an alien is authorized to work under section 
     235C of the Immigration and Nationality Act and is 
     subsequently ordered removed.

     SEC. 4602. LEGAL ACCESS IN CUSTODIAL SETTINGS.

       Not later than 180 days after the date of the enactment of 
     this Act, and annually thereafter, the Secretary shall submit 
     a report to the appropriate committees of Congress and to the 
     public regarding alien access to legal representation and 
     consultation in custodial settings, including--
       (1) the total number of aliens who secured or failed to 
     secure legal representation pursuant to section 
     235(b)(1)(B)(iv)(V) of the Immigration and Nationality Act, 
     as added by section 4511, before the protection determination 
     under section 235(b)(1)(B)(i) of such Act, including the 
     disposition of such alien's interview;
       (2) the total number of aliens who waived the 72-hour 
     period pursuant to section 235(b)(1)(B)(iv)(IV)(bb) of such 
     Act, including the disposition of the alien's protection 
     determination pursuant to section 235(b)(1)(B)(i) of such 
     Act;
       (3) the total number of aliens who required a verbal 
     interpretation of the information about screenings and 
     interviews pursuant to section 235(b)(1)(B)(iv) of such Act, 
     disaggregated by the number of aliens who received or did not 
     receive such an interpretation, respectively, pursuant to 
     section 235(b)(1)(B)(iv)(III) of such Act, including the 
     disposition of their respective protection determinations 
     pursuant to section 235(b)(1)(B)(i) of such Act;
       (4) the total number of aliens who received information, 
     either verbally or in writing, in their native language; and
       (5) whether such policies and procedures with respect to 
     access provided in section 235(b)(1)(B)(iv) have been made 
     available publicly.

     SEC. 4603. CREDIBLE FEAR AND PROTECTION DETERMINATIONS.

        Not later than 1 year and 60 days after the date of the 
     enactment of this Act, and annually thereafter, the Director 
     of U.S. Citizenship and Immigration Services shall submit a 
     report to the appropriate committees of Congress and to the 
     public that sets forth--
       (1) the number of aliens who requested or received a 
     protection determination pursuant to section 235(b)(1)(B) of 
     the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(B));
       (2) the number of aliens who requested or received a 
     protection determination pursuant to section 235B(b) of such 
     Act, as added by section 4141;
       (3) the number of aliens described in paragraphs (1) and 
     (2) who are subject to an asylum exception under section 
     235(b)(1)(B)(vi) of such Act, disaggregated by specific 
     asylum exception;
       (4) the number of aliens for whom an asylum officer 
     determined that an alien may be eligible for a waiver under 
     section 235(b)(1)(B)(vi) of such Act and did not apply such 
     asylum exception to such alien;
       (5) the number of aliens described in paragraph (1) or (2) 
     who--
       (A) received a positive screening or determination; or
       (B) received a negative screening or determination;
       (6) the number of aliens described in paragraph (5)(B) who 
     requested reconsideration or appeal of a negative screening 
     and the disposition of such requests;
       (7) the number of aliens described in paragraph (6) who, 
     upon reconsideration--
       (A) received a positive screening or determination, as 
     applicable; or
       (B) received a negative screening or determination, as 
     applicable;
       (8) the number of aliens described in paragraph (5)(B) who 
     appealed a decision subsequent to a request for 
     reconsideration;
       (9) the number of aliens described in paragraph (5)(B) who, 
     upon appeal of a decision, disaggregated by whether or not 
     such alien requested reconsideration of a negative 
     screening--
       (A) received a positive screening or determination, as 
     applicable; or
       (B) received negative screening or determination, as 
     applicable; and
       (10) the number of aliens who withdraw their application 
     for admission, including--
       (A) whether such alien could read or write;
       (B) whether the withdrawal occurred in the alien's native 
     language;
       (C) the age of such alien; and
       (D) the Federal agency or component that processed such 
     withdrawal.

     SEC. 4604. PUBLICATION OF OPERATIONAL STATISTICS BY U.S. 
                   CUSTOMS AND BORDER PROTECTION.

       (a) In General.--Beginning in the second calendar month 
     beginning after the date of the enactment of this Act, the 
     Commissioner

[[Page S760]]

     for U.S. Customs and Border Protection shall publish, not 
     later than the seventh day of each month, on a publicly 
     available website of the Department, information from the 
     previous month relating to--
       (1) the number of alien encounters, disaggregated by--
       (A) whether such aliens are admissible or inadmissible, 
     including the basis for such determinations;
       (B) the U.S. Border Patrol sector and U.S. Customs and 
     Border Protection field office that recorded the encounter;
       (C) any outcomes recorded in the terrorist screening 
     database (as such term is defined in section 2101 of the 
     Homeland Security Act of 2002 (6 U.S.C. 621)), including--
       (i) whether the alien is found to be inadmissible or 
     removable due to a specific ground relating to terrorism;
       (ii) the alien's country of nationality, race or ethnic 
     identification, and age; and
       (iii) whether the alien's alleged terrorism is related to 
     domestic or international actors, if available;
       (D) aliens with active Federal or State warrants for arrest 
     in the United States and the nature of the crimes justifying 
     such warrants;
       (E) the nationality of the alien;
       (F) whether the alien encountered is a single adult, an 
     individual in a family unit, an unaccompanied child, or an 
     accompanied child;
       (G) the average time the alien remained in custody, 
     disaggregated by demographic information;
       (H) the processing disposition of each alien described in 
     this paragraph upon such alien's release from the custody of 
     U.S. Customs and Border Protection, disaggregated by 
     nationality;
       (I) the number of aliens who are paroled pursuant to 
     section 212(d)(5) of the Immigration and Nationality Act (8 
     U.S.C. 1182(d)(5)), disaggregated by geographic region or 
     sector;
       (J) the recidivism rate of aliens described in this 
     paragraph, including the definition of ``recidivism'' and 
     notice of any changes to such definition; and
       (K) aliens who have a confirmed gang affiliation, 
     including--
       (i) whether such alien was determined to be inadmissible or 
     removable due to such affiliation;
       (ii) the specific gang affiliation alleged;
       (iii) the basis of such allegation; and
       (iv) the Federal agency or component that made such 
     allegation or determination;
       (2) seizures, disaggregated by the U.S. Border Patrol 
     sector and U.S. Customs and Border Protection field office 
     that recorded the encounter, of--
       (A) narcotics;
       (B) firearms, whether inbound or outbound, including 
     whether such firearms were manufactured in the United States, 
     if known;
       (C) monetary instruments, whether inbound and outbound; and
       (D) other specifically identified contraband;
       (3) with respect to border emergency authority described in 
     section 244A of the Immigration and Nationality Act, as added 
     by section 4301--
       (A) the number of days such authority was in effect;
       (B) the number of encounters (as defined in section 
     244A(i)(3)) of such Act, disaggregated by U.S. Border Patrol 
     sector and U.S. Customs and Border Patrol field office;
       (C) the number of summary removals made under such 
     authority;
       (D) the number of aliens who manifested a fear of 
     persecution or torture and were screened for withholding of 
     removal or for protection under the Convention Against 
     Torture, and the disposition of each such screening, 
     including the processing disposition or outcome;
       (E) the number of aliens who were screened at a port of 
     entry in a safe and orderly manner each day such authority 
     was in effect, including the processing disposition or 
     outcome;
       (F) whether such authority was exercised under subparagraph 
     (A), (B)(i), or (B)(ii) of section 244A(b)(3) of such Act;
       (G) a public description of all the methods by which the 
     Secretary determines if an alien may be screened in a safe 
     and orderly manner;
       (H) the total number of languages that are available for 
     such safe and orderly process;
       (I) the number of aliens who were returned to a country 
     that is not their country of nationality;
       (J) the number of aliens who were returned to any country 
     without a humanitarian or protection determination during the 
     use of such authority;
       (K) the number of United States citizens who were 
     inadvertently detained, removed, or affected by such border 
     emergency authority;
       (L) the number of individuals who have lawful permission to 
     enter the United States and were inadvertently detained, 
     removed, or affected by such border emergency authority;
       (M) a summary of the impact to lawful trade and travel 
     during the use of such border emergency authority, 
     disaggregated by port of entry;
       (N) the disaggregation of the information described in 
     subparagraphs (C), (D), (E), (I), (J), (K), and (L) by the 
     time the alien remained in custody and by citizenship and 
     family status, including--
       (i) single adults;
       (ii) aliens traveling in a family unit;
       (iii) unaccompanied children;
       (iv) accompanied children;
       (4) information pertaining to agricultural inspections;
       (5) border rescues and mortality data;
       (6) information regarding trade and travel; and
       (7) with respect to aliens who were transferred from the 
     physical custody of a State or Federal law enforcement agency 
     or other State agency to the physical custody of a Federal 
     agency or component--
       (A) the specific States concerned;
       (B) whether such alien had initially been charged with a 
     State crime before the State transferred such alien to such 
     Federal agency or component; and
       (C) the underlying State crime with which the alien was 
     charged.
       (b) Totals.--The information described in subsection (a) 
     shall include the total amount of each element described in 
     each such paragraph in the relevant unit of measurement for 
     reporting month.
       (c) Definitions.--The monthly publication required under 
     subsection (a) shall--
       (1) include the definition of all terms used by the 
     Commissioner; and
       (2) specifically note whether the definition of any term 
     has been changed.
       (d) Protection of Personally Identifiable Information.--In 
     preparing each publication pursuant to subsection (a), the 
     Secretary shall--
       (1) protect any personally identifiable information 
     associated with aliens described in subsection (a); and
       (2) comply with all applicable privacy laws.

     SEC. 4605. UTILIZATION OF PAROLE AUTHORITIES.

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

     SEC. 4606. ACCOUNTABILITY IN PROVISIONAL REMOVAL PROCEEDINGS.

       (a) In General.--Not later than 1 year and 30 days after 
     the date of the enactment of this Act, the Secretary shall 
     submit a report to the appropriate committees of Congress and 
     the public regarding the implementation of sections 235B and 
     240D of the Immigration and Nationality Act, as added by 
     sections 3141 and 3142 during the previous 12-month period.
       (b) Contents.--Each report required under subsection (a) 
     shall include--

[[Page S761]]

       (1) the number of aliens processed pursuant to section 
     235B(b) of the Immigration and Nationality Act, disaggregated 
     by--
       (A) whether the alien was a single adult or a member of a 
     family unit;
       (B) the number of aliens who--
       (i) were provided proper service and notice upon release 
     from custody pursuant to section 235B(b)(2) of such Act; or
       (ii) were not given such proper service and notice;
       (C) the number of aliens who received a protection 
     determination interview pursuant to section 235B(c) of such 
     Act within the 90-day period required under section 
     235B(b)(3)(A) of such Act;
       (D) the number of aliens described in subparagraph (C)--
       (i) who retained legal counsel;
       (ii) who received a positive protection determination;
       (iii) who received a negative protection determination;
       (iv) for those aliens described in clause (iii), the number 
     who--

       (I) requested reconsideration;
       (II) whether such reconsideration resulted in approval or 
     denial;
       (III) whether an alien upon receiving a negative motion for 
     reconsideration filed an appeal;
       (IV) who appealed a negative decision without filing for 
     reconsideration;
       (V) whether the appeal resulted in approval or denial, 
     disaggregated by the elements in subclauses (III) and (IV); 
     and
       (VI) whether the alien, upon receiving a negative decision 
     as described in subclauses (III) and (V), was removed from 
     the United States upon receiving such negative decision;

       (v) who absconded during such proceedings; and
       (vi) who failed to receive proper service;
       (E) the number of aliens who were processed pursuant to 
     section 235B(f) of such Act; and
       (F) the number of aliens described in subparagraph (E) who 
     submitted their application pursuant to section 
     235B(f)(2)(B)(i) of such Act;
       (2) the average time taken by the Department of Homeland 
     Security--
       (A) to perform a protection determination interview 
     pursuant to section 235B(b) of such Act;
       (B) to serve notice of a protection determination pursuant 
     to section 235B(e) of such Act after a determination has been 
     made pursuant to section 235B(b) of such Act;
       (C) to provide an alien with a work authorization pursuant 
     to section 235C of such Act, as added by section 4501, 
     disaggregated by the requirements under subparagraphs (A), 
     (B), and (C) of section 235C(a)(2) of such Act; and
       (D) the utilization of the Alternatives to Detention 
     program authorized under section 235B(a)(3) of such Act, 
     disaggregated by--
       (i) types of alternatives to detention used to supervise 
     the aliens after being released from physical custody;
       (ii) the level of compliance by the alien with the rules of 
     the Alternatives to Detention program; and
       (iii) the total cost of each Alternatives to Detention 
     type;
       (3) the number of aliens processed pursuant to section 
     240D(d) of such Act, disaggregated by--
       (A) whether the alien was a single adult or a member of a 
     family unit;
       (B) the number of aliens who were provided proper service 
     and notice of a protection determination pursuant to section 
     235B(e) of such Act;
       (C) the number of aliens who received a protection merits 
     interview pursuant to section 240D(c)(3) of such Act within 
     the 90-day period required under section 240D(b) of such Act;
       (D) the number of aliens who received a positive protection 
     merits determination pursuant to section 240D(d)(2) of such 
     Act;
       (E) the number of aliens who received a negative protection 
     merits determination pursuant to section 240D(d)(3) of such 
     Act, disaggregated by the number of aliens who appealed the 
     determination pursuant to section 240D(e) of such Act and who 
     received a result pursuant to section 240D(e)(7) of such Act;
       (F) the number of aliens who were processed pursuant to 
     section 240D of such Act who retained legal counsel;
       (G) the number of aliens who appeared at such proceedings; 
     and
       (H) the number of aliens who absconded during such 
     proceedings; and
       (4) the average time taken by the Department of Homeland 
     Security--
       (A) to perform a protection merits interview pursuant to 
     section 240D(d) of such Act;
       (B) to serve notice of a protection merits determination 
     pursuant to section 240D(d) of such Act; and
       (C) the utilization of Alternatives to Detention program 
     authorized under section 240D(c)(2) of such Act, 
     disaggregated by--
       (i) types of alternatives to detention used to supervise 
     the aliens after being released from physical custody; and
       (ii) the level of compliance by the aliens with rules of 
     the Alternatives to Detention program.
       (c) Protection of Personally Identifiable Information.--In 
     preparing each report pursuant to subsection (a), the 
     Secretary shall--
       (1) protect any personally identifiable information 
     associated with aliens described in subsection (a); and
       (2) comply with all applicable privacy laws.

     SEC. 4607. ACCOUNTABILITY IN VOLUNTARY REPATRIATION, 
                   WITHDRAWAL, AND DEPARTURE.

       (a) In General.--Not later than 1 year and 30 days after 
     the date of the enactment of this Act, the Secretary shall 
     submit a report to the appropriate committees of Congress 
     regarding the implementation of section 240G of the 
     Immigration and Nationality Act, as added by section 4144.
       (b) Contents.--The report required under subsection (a) 
     shall include the number of aliens who utilized the 
     provisions of such section 240G, disaggregated by--
       (1) demographic information;
       (2) the period in which the election took place;
       (3) the total costs of repatriation flight when compared to 
     the cost to charter a private, commercial flight for such 
     return;
       (4) alien use of reintegration or reception programs in the 
     alien's country of nationality after removal from the United 
     States;
       (5) the number of aliens who failed to depart in compliance 
     with section 240G(i)(2) of such Act;
       (6) the number of aliens to which a civil penalty and a 
     period of ineligibility was applied; and
       (7) the number of aliens who did depart.

     SEC. 4608. GAO ANALYSIS OF IMMIGRATION JUDGE AND ASYLUM 
                   OFFICER DECISION-MAKING REGARDING ASYLUM, 
                   WITHHOLDING OF REMOVAL, AND PROTECTION UNDER 
                   THE CONVENTION AGAINST TORTURE.

       (a) In General.--Not later than 2 years after the 
     Comptroller General of the United States submits the 
     certification described in section 4146(d)(3), the 
     Comptroller General shall analyze the decision rates of 
     immigration judges and asylum officers regarding aliens who 
     have received a positive protection determination and have 
     been referred to proceedings under section 240 or 240D of the 
     Immigration and Nationality Act, as applicable, to 
     determine--
       (1) whether the Executive Office for Immigration Review and 
     U.S. Citizenship and Immigration Services have any 
     differential in rate of decisions for cases involving asylum, 
     withholding of removal, or protection under the Convention 
     Against Torture and Other Cruel, Inhuman or Degrading 
     Treatment or Punishment, done at New York December 10, 1984; 
     and
       (2) the causes for any such differential, including any 
     policies, procedures, or other administrative measures.
       (b) Recommendations.--Upon completing the analysis required 
     under subsection (a), the Comptroller General shall submit 
     recommendations to the Director of the Executive Office for 
     Immigration Review and the Director of U.S. Citizenship and 
     Immigration Services regarding any administrative or 
     procedural changes necessary to ensure uniformity in 
     decision-making between those agencies, which may not include 
     quotas.

     SEC. 4609. REPORT ON COUNSEL FOR UNACCOMPANIED ALIEN 
                   CHILDREN.

       (a) In General.--Not later than 120 days after the date of 
     the enactment of this Act, and annually thereafter, the 
     Secretary of Health and Human Services shall submit a report 
     to the appropriate committees of Congress with respect to 
     unaccompanied alien children who received appointed counsel 
     pursuant to section 235(c)(5)(B) of the William Wilberforce 
     Trafficking Victims Protection Reauthorization Act of 2008, 
     as added by section 4512, including--
       (1) the number of unaccompanied alien children who obtained 
     such counsel compared to the number of such children who did 
     not obtain such counsel;
       (2) the sponsorship category of unaccompanied alien 
     children who obtained counsel;
       (3) the age ranges of unaccompanied alien children who 
     obtained counsel;
       (4) the administrative appeals, if any, of unaccompanied 
     alien children who obtained counsel; and
       (5) the case outcomes of unaccompanied alien children who 
     obtained counsel.
       (b) Protection of Personally Identifiable Information.--In 
     preparing each report pursuant to subsection (a), the 
     Secretary of Health and Human Services shall--
       (1) protect any personally identifiable information 
     associated with aliens described in subsection (a); and
       (2) comply with all applicable privacy laws.

     SEC. 4610. RECALCITRANT COUNTRIES.

       Section 243(d) of the Immigration and Nationality Act (8 
     U.S.C. 1253(d)) is amended--
       (1) by striking ``On being notified'' and inserting the 
     following:
       ``(1) In general.--On being notified''; and
       (2) by adding at the end the following:
       ``(2) Report on recalcitrant countries.--
       ``(A) In general.--Not later than 90 days after the last 
     day of each fiscal year, the Secretary of Homeland Security 
     and the Secretary of State shall jointly--
       ``(i) prepare an unclassified annual report, which may 
     include a classified annex, that includes the information 
     described in subparagraph (C); and
       ``(ii) submit such report to Committee on Homeland Security 
     and Governmental Affairs of the Senate; the Committee on the 
     Judiciary of the Senate, the Committee on Foreign Relations 
     of the Senate, the Committee on Homeland Security of the 
     House of Representatives, the Committee on the Judiciary of 
     the House of Representatives, and the Committee on Foreign 
     Affairs of the House of Representatives.
       ``(B) Briefing.--Not later than 30 days after the date on 
     which a report is submitted

[[Page S762]]

     pursuant to subparagraph (A), designees of the Secretary of 
     Homeland Security and of the Secretary of State shall brief 
     the committees referred to in subparagraph (A)(ii) regarding 
     any measures taken to encourage countries to accept the 
     return of their citizens, subjects, or nationals, or aliens 
     whose last habitual residence was within each such country, 
     who have been ordered removed from the United States.
       ``(C) Contents.--Each report prepared pursuant to 
     subparagraph (A)(i) shall include--
       ``(i) a list of all countries that--

       ``(I) deny the acceptance of their citizens, subjects, or 
     nationals, or aliens whose last habitual residence was within 
     such country, who have been ordered removed to such country 
     from the United States; or
       ``(II) unreasonably delay the acceptance of their citizens, 
     subjects, or nationals, or aliens whose last habitual 
     residence was within such country, who have been ordered 
     removed to such country from the United States;

       ``(ii) for each country described in clause (i)(II), the 
     average length of delay of such citizens, subjects, 
     nationals, or aliens acceptance into such country;
       ``(iii) a list of the foreign countries that have placed 
     unreasonable limitations upon the acceptance of their 
     citizens, subjects, or nationals, or aliens whose last 
     habitual residence was within such country, who have been 
     ordered removed to such country from the United States;
       ``(iv) a description of the criteria used to determine that 
     a country described under clause (iii) has placed such 
     unreasonable limitations;
       ``(v) the number of aliens ordered removed from the United 
     States to a country described in clause (i) or (iii) whose 
     removal from the United States was pending as of the last day 
     of the previous fiscal year, including--

       ``(I) the number of aliens who--

       ``(aa) received a denial of a work authorization; and
       ``(bb) are not eligible to request work authorization;
       ``(vi) the number of aliens ordered removed from the United 
     States to a country described in clause (i) or (iii) whose 
     removal from the United States was pending as of the last day 
     of the previous fiscal year and who are being detained, 
     disaggregated by--

       ``(I) the length of such detention;
       ``(II) the aliens who requested a review of the significant 
     likelihood of their removal in the reasonably foreseeable 
     future;
       ``(III) the aliens for whom the request for release under 
     such review was denied;
       ``(IV) the aliens who remain detained on account of special 
     circumstances despite no significant likelihood that such 
     aliens will be removed in the foreseeable future, 
     disaggregated by the specific circumstance;
       ``(V) the aliens described in subclause (IV) who are being 
     detained based on a determination that they are specially 
     dangerous;
       ``(VI) the aliens described in subclause (V) whose request 
     to review the basis for their continued detention was denied;
       ``(VII) demographic categories, including part of a family 
     unit, single adults, and unaccompanied alien children;

       ``(vii) the number of aliens referred to in clauses (i) 
     through (iii) who--

       ``(I) have criminal convictions, disaggregated by National 
     Crime Information Center code, whether misdemeanors or 
     felonies;
       ``(II) are considered national security threats to the 
     United States;
       ``(III) are members of a criminal gang or another organized 
     criminal organization, if found to be inadmissible or 
     removable on such grounds; or
       ``(IV) have been released from U.S. Immigration and Customs 
     Enforcement custody on an order of supervision and the type 
     of supervision and compliance with such supervision, if 
     applicable;

       ``(viii) a description of the actions taken by the 
     Department of Homeland Security and the Department of State 
     to encourage foreign nations to accept the return of their 
     nationals; and
       ``(ix) the total number of individuals that such 
     jurisdiction has accepted who are not citizens, subjects, or 
     nationals, or aliens who last habitually resided within such 
     jurisdiction and have been removed from the United States, if 
     any.''.

                        TITLE VII--OTHER MATTERS

     SEC. 4701. SEVERABILITY.

       If any provision of this Act, any amendment made by this 
     Act, or the application of any such provision or amendment to 
     any person or circumstance is held to be unconstitutional, 
     the remainder of this Act, the amendments made by this Act, 
     and the application of such provisions or amendments to any 
     other person or circumstance shall not be affected.
                                 ______
                                 
  SA 1570. Mr. CRAPO (for Mr. Risch (for himself and Mr. Crapo)) 
submitted an amendment intended to be proposed to amendment SA 1388 
proposed by Mrs. Murray (for herself and Mr. Schumer) to the bill H.R. 
815, to amend title 38, United States Code, to make certain 
improvements relating to the eligibility of veterans to receive 
reimbursement for emergency treatment furnished through the Veterans 
Community Care program, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __. (a) Congress makes the following findings:
       (1) Congress remains concerned about the domestic supply 
     and production of nitrocellulose.
       (2) Any failure or supply shortage could restrict 
     ammunition manufacturing for large and small calibers, 
     harming the commercial marketplace and placing the war 
     fighters at risk.
       (b) Not later than 180 days after the date of the enactment 
     of this Act, the Secretary of the Army shall submit to 
     Congress a report on the United States supply of 
     nitrocellulose and options for increasing production to meet 
     demand.
                                 ______
                                 
  SA 1571. Mrs. SHAHEEN (for herself and Ms. Collins) submitted an 
amendment intended to be proposed to amendment SA 1388 proposed by Mrs. 
Murray (for herself and Mr. Schumer) to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 31, after line 21, add the following:

                   U.S. Customs and Border Protection

              procurement, construction, and improvements

       For an additional amount for ``U.S. Customs and Border 
     Protection--Procurement, Construction, and Improvements'', 
     $424,500,000, to remain available until September 30, 2026, 
     for acquisition and deployment of non-intrusive inspection 
     technology:  Provided, That the amounts made available under 
     this heading are designated by Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                     GENERAL PROVISIONS--THIS TITLE

                     (including transfers of funds)

       Sec. 301. (a) Amounts made available in this title under 
     the heading ``U.S. Customs and Border Protection--
     Procurement, Construction, and Improvements'' for the 
     acquisition and deployment of non-intrusive inspection 
     technology shall be available only through an open 
     competition occurring after the date of the enactment of this 
     Act to acquire innovative technologies that improve 
     performance, including through the integration of artificial 
     intelligence and machine learning capabilities.
       (b) Beginning on March 1, 2025, the Commissioner for U.S. 
     Customs and Border Protection shall provide to the Committee 
     on Appropriations of the Senate and the Committee on 
     Appropriations of the House of Representatives a quarterly 
     update on the impacts of deployments of additional non-
     intrusive inspection technology on key performance metrics 
     and operational capabilities that includes--
       (1) the percentage of passenger and cargo vehicles scanned;
       (2) the percentage of seizures of narcotics, currency, 
     weapons, ammunition, and other illicit items at inbound and 
     outbound operations at ports of entry, checkpoints, and other 
     locations, as applicable; and
       (3) the impact of U.S. Customs and Border Protection 
     workforce requirements resulting from the deployment of 
     additional non-intrusive inspection technology.
                                 ______
                                 
  SA 1572. Ms. SINEMA submitted an amendment intended to be proposed to 
amendment SA 1388 proposed by Mrs. Murray (for herself and Mr. Schumer) 
to the bill H.R. 815, to amend title 38, United States Code, to make 
certain improvements relating to the eligibility of veterans to receive 
reimbursement for emergency treatment furnished through the Veterans 
Community Care program, and for other purposes; which was ordered to 
lie on the table; as follows:

        At the end, add the following:

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

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

                                TITLE I

                         DEPARTMENT OF JUSTICE

                Executive Office for Immigration Review

       For an additional amount for ``Executive Office for 
     Immigration Review'', $440,000,000, to remain available until 
     September 30, 2026:  Provided, That of the total amounts 
     provided under this heading in this Act, $404,000,000 shall 
     be for Immigration Judge Teams, including appropriate 
     attorneys, law clerks, paralegals, court administrators, and 
     other support staff, as well as necessary court and 
     adjudicatory costs, and $36,000,000 shall be for 
     representation for certain incompetent adults pursuant to 
     section 240(e) of the Immigration and Nationality Act (8 
     U.S.C. 1229a(e)):  Provided further, That not more than 3 
     percent of the funds available for representation for certain 
     incompetent adults

[[Page S763]]

     in the preceding proviso shall be available for necessary 
     administrative expenses:  Provided further, That with the 
     exception of immigration judges appointed pursuant to section 
     1003.10 of title 8, Code of Federal Regulations, amounts 
     provided under this heading in this Act for Immigration Judge 
     Teams may not be used to increase the number of permanent 
     positions:  Provided further, That the Executive Office for 
     Immigration Review shall submit a spending plan to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate within 45 days after the date of enactment of 
     this Act:  Provided further, That such amount is designated 
     by the Congress as being for an emergency requirement 
     pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985.

                            Legal Activities

            salaries and expenses, general legal activities

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

                     United States Marshals Service

                       federal prisoner detention

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

                    Federal Bureau of Investigation

                         salaries and expenses

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

                    Drug Enforcement Administration

                         salaries and expenses

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

                                TITLE II

                    DEPARTMENT OF HOMELAND SECURITY

   DEPARTMENTAL MANAGEMENT, INTELLIGENCE, SITUATIONAL AWARENESS, AND 
                               OVERSIGHT

            Office of the Secretary and Executive Management

                         operations and support

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

               SECURITY, ENFORCEMENT, AND INVESTIGATIONS

                   U.S. Customs and Border Protection

                         operations and support

                     (including transfer of funds)

       For an additional amount for ``U.S. Customs and Border 
     Protection--Operations and Support'', $6,008,479,000, to 
     remain available until September 30, 2026:  Provided, That of 
     the total amount provided under this heading in this Act, 
     $3,860,363,000 shall be for operational requirements relating 
     to migration surges along the southwest border, counter-
     fentanyl activities, necessary expenses at ports of entry, 
     reimbursement to the Department of Defense for border 
     operations support, and other related expenses, of which 
     $3,148,262,000 shall remain available until September 30, 
     2024; $584,116,000 shall be for the hiring of U.S. Customs 
     and Border Protection personnel; $139,000,000 shall be for 
     overtime costs for U.S. Border Patrol; $25,000,000 shall be 
     for familial DNA testing; and $1,400,000,000 shall be 
     transferred to ``Federal Emergency Management Agency--Federal 
     Assistance'' to support sheltering and related activities 
     provided by non-Federal entities through the Shelter and 
     Services Program:  Provided further, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

              procurement, construction, and improvements

       For an additional amount for ``U.S. Customs and Border 
     Protection--Procurement, Construction, and Improvements'', 
     $758,500,000, to remain available until September 30, 2026:  
     Provided, That of the total amount provided under this 
     heading in this Act, $424,500,000 shall be for acquisition 
     and deployment of non-intrusive inspection technology, 
     $260,000,000 shall be for acquisition and deployment of 
     border security technology, and $74,000,000 shall be for 
     acquisition and deployment of air assets:  Provided further, 
     That such amount is designated by the Congress as being for 
     an emergency requirement pursuant to section 251(b)(2)(A)(i) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                U.S. Immigration and Customs Enforcement

                         operations and support

       For an additional amount for ``U.S. Immigration and Customs 
     Enforcement--Operations and Support'', $7,600,833,000, to 
     remain available until September 30, 2026:  Provided, That of 
     the total amount provided under this heading in this Act, 
     $3,230,648,000 shall be for increased custodial detention 
     capacity, $2,548,401,000 shall be for increased removal 
     flights and related activities, including short-term staging 
     facilities, $534,682,000 shall be for hiring U.S. Immigration 
     and Customs Enforcement personnel, and $1,287,102,000 shall 
     be for increased enrollment capabilities and related 
     activities within the Alternatives to Detention program:  
     Provided further, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

            PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

                  Federal Emergency Management Agency

                           federal assistance

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

             RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES

               U.S. Citizenship and Immigration Services

                         operations and support

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

                Federal Law Enforcement Training Centers

                         operations and support

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

              procurement, construction, and improvements

       For an additional amount for ``Federal Law Enforcement 
     Training Centers--Procurement, Construction, and 
     Improvements'', $6,000,000, to remain available until

[[Page S764]]

     September 30, 2026, for necessary expenses of construction 
     and improvements to existing facilities required to conduct 
     training for Federal law enforcement personnel:  Provided, 
     That such amount is designated by the Congress as being for 
     an emergency requirement pursuant to section 251(b)(2)(A)(i) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                     GENERAL PROVISIONS--THIS TITLE

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

[[Page S765]]

     or any other Act for this or prior fiscal years.
       (d) The Director shall notify the Committees on 
     Appropriations of the House of Representatives and the Senate 
     not less than 30 days prior to the planned date of a contract 
     termination or implementation of a reduction in detention 
     capacity.
       Sec. 208.  None of the funds provided in this title of this 
     Act for ``U.S. Immigration and Customs Enforcement--
     Operations Support'' may be used for community-based 
     residential facilities.
       Sec. 209. (a) Prior to the Secretary of Homeland Security 
     (in this section referred to as the ``Secretary'') requesting 
     assistance from the Department of Defense for border security 
     operations, the Secretary shall ensure that an alternatives 
     analysis and cost-benefit analysis is conducted that includes 
     data on the cost effectiveness of obtaining such assistance 
     from the Department of Defense in lieu of other options.
       (b) The Secretary shall submit to the Committees on 
     Appropriations of the House of Representatives and the 
     Senate, a report detailing the types of support sought by the 
     Secretary in any request for assistance from the Department 
     of Defense for border security operations and the operational 
     impact of such request on Department of Homeland Security 
     operations within 30 days of the date of enactment of this 
     Act and quarterly thereafter.
       (c) The Secretary shall include with the data requested in 
     subsection (b) the results of the alternatives analysis and 
     cost-benefit analysis required under subsection (a).
       Sec. 210.  Eligibility for funding made available by this 
     title of this Act for transfer from ``U.S. Customs and Border 
     Protection--Operations and Support'' to ``Federal Emergency 
     Management Agency--Federal Assistance'' for the Shelter and 
     Services Program shall not be limited to entities that 
     previously received or applied for funding for the Shelter 
     and Services Program or the Emergency Food and Shelter-
     Humanitarian program.
       Sec. 211.  Of the total amount provided under the heading 
     ``U.S. Customs and Border Protection--Operations and 
     Support'' in this title of this Act for transfer to ``Federal 
     Emergency Management Agency--Federal Assistance'' for the 
     Shelter and Services Program--
       (1) not more than $933,333,333 shall be available for 
     transfer immediately upon enactment of this Act;
       (2) an additional $350,000,000 shall be available for 
     transfer upon submission of a written certification by the 
     Secretary of Homeland Security, to the Committees on 
     Appropriations of the House of Representatives and the 
     Senate, that U.S. Immigration and Customs Enforcement has--
       (A) the ability to detain 46,500 individuals and has 
     increased the total number of Enforcement and Removal 
     Operations deportation officers by 200 above the current on 
     board levels as of the date of enactment of this Act;
       (B) increased the total number of U.S. Customs and Border 
     Protection officers by 200 above the current on board levels 
     as of the date of enactment of this Act; and
       (C) increased the total number of U.S. Citizenship and 
     Immigration Services asylum officers by 800 above the current 
     on board levels as of the date of enactment of this Act; and
       (3) an additional $116,666,667 shall be available for 
     transfer upon submission of a written certification by the 
     Secretary of Homeland Security, to the Committees on 
     Appropriations of the House of Representatives and the 
     Senate, that U.S. Immigration and Customs Enforcement has--
       (A) conducted a total of 1,500 removal flights since the 
     date of enactment of this Act; and
       (B) ensured that at least 75 percent of Border Patrol 
     agents assigned to duty along the southwest land border have 
     been trained on the procedures included in sections 235B and 
     244B of the Immigration and Nationality Act.

                               TITLE III

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                Administration for Children and Families

                     refugee and entrant assistance

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

                                TITLE IV

                 DEPARTMENT OF STATE AND RELATED AGENCY

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

                   international disaster assistance

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

                         economic support fund

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

                   INTERNATIONAL SECURITY ASSISTANCE

                          Department of State

          international narcotics control and law enforcement

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

                                TITLE V

                      GENERAL PROVISIONS--THIS ACT

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

                         DIVISION D--BORDER ACT

     SEC. 4001. SHORT TITLE; TABLE OF CONTENTS.

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

                         DIVISION D--BORDER ACT

Sec. 4001. Short title; table of contents.
Sec. 4002. Definitions.

                       TITLE I--CAPACITY BUILDING

        Subtitle A--Hiring, Training, and Systems Modernization

                     Chapter 1--Hiring Authorities

Sec. 4101. USCIS direct hire authority.
Sec. 4102. ICE direct hire authority.
Sec. 4103. Reemployment of civilian retirees to meet exceptional 
              employment needs.
Sec. 4104. Establishment of special pay rate for asylum officers.

[[Page S766]]

                       Chapter 2--Hiring Waivers

Sec. 4111. Hiring flexibility.
Sec. 4112. Supplemental Commissioner authority and definitions.

Chapter 3--Alternatives to Detention Improvements and Training for U.S. 
                             Border Patrol

Sec. 4121. Alternatives to detention improvements.
Sec. 4122. Training for U.S. Border Patrol.

                Chapter 4--Modernizing Notices to Appear

Sec. 4131. Electronic notices to appear.
Sec. 4132. Authority to prepare and issue notices to appear.

              Subtitle B--Asylum Processing at the Border

Sec. 4141. Provisional noncustodial removal proceedings.
Sec. 4142. Protection merits removal proceedings.
Sec. 4143. Voluntary departure after noncustodial processing; 
              withdrawal of application for admission.
Sec. 4144. Voluntary repatriation.
Sec. 4145. Immigration Examinations Fee Account.
Sec. 4146. Border reforms.
Sec. 4147. Protection Appellate Board.

                TITLE II--ASYLUM PROCESSING ENHANCEMENTS

Sec. 4201. Combined screenings.
Sec. 4202. Credible fear standard and asylum bars at screening 
              interview.
Sec. 4203. Internal relocation.
Sec. 4204. Asylum officer clarification.

                      TITLE III--SECURING AMERICA

                 Subtitle A--Border Emergency Authority

Sec. 4301. Border emergency authority.

            Subtitle B--Fulfilling Promises to Afghan Allies

Sec. 4311. Definitions.
Sec. 4312. Support for Afghan allies outside the United States.
Sec. 4313. Conditional permanent resident status for eligible 
              individuals.
Sec. 4314. Refugee processes for certain at-risk Afghan allies.
Sec. 4315. Improving efficiency and oversight of refugee and special 
              immigrant processing.
Sec. 4316. Support for certain vulnerable Afghans relating to 
              employment by or on behalf of the United States.
Sec. 4317. Support for allies seeking resettlement in the United 
              States.
Sec. 4318. Reporting.

                 TITLE IV--PROMOTING LEGAL IMMIGRATION

Sec. 4401. Employment authorization for fiances, fiancees, spouses, and 
              children of United States citizens and specialty workers.
Sec. 4402. Additional visas.
Sec. 4403. Children of long-term visa holders.
Sec. 4404. Military naturalization modernization.
Sec. 4405. Temporary family visits.

               TITLE V--SELF-SUFFICIENCY AND DUE PROCESS

                    Subtitle A--Work Authorizations

Sec. 4501. Work authorization.
Sec. 4502. Employment eligibility.

                   Subtitle B--Protecting Due Process

Sec. 4511. Access to counsel.
Sec. 4512. Counsel for certain unaccompanied alien children.
Sec. 4513. Counsel for certain incompetent individuals.
Sec. 4514. Conforming amendment.

                  TITLE VI--ACCOUNTABILITY AND METRICS

Sec. 4601. Employment authorization compliance.
Sec. 4602. Legal access in custodial settings.
Sec. 4603. Credible fear and protection determinations.
Sec. 4604. Publication of operational statistics by U.S. Customs and 
              Border Protection.
Sec. 4605. Utilization of parole authorities.
Sec. 4606. Accountability in provisional removal proceedings.
Sec. 4607. Accountability in voluntary repatriation, withdrawal, and 
              departure.
Sec. 4608. GAO analysis of immigration judge and asylum officer 
              decision-making regarding asylum, withholding of removal, 
              and protection under the Convention Against Torture.
Sec. 4609. Report on counsel for unaccompanied alien children.
Sec. 4610. Recalcitrant countries.

                        TITLE VII--OTHER MATTERS

Sec. 4701. Severability.

     SEC. 4002. DEFINITIONS.

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

                       TITLE I--CAPACITY BUILDING

        Subtitle A--Hiring, Training, and Systems Modernization

                     CHAPTER 1--HIRING AUTHORITIES

     SEC. 4101. USCIS DIRECT HIRE AUTHORITY.

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

     SEC. 4102. ICE DIRECT HIRE AUTHORITY.

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

     SEC. 4103. REEMPLOYMENT OF CIVILIAN RETIREES TO MEET 
                   EXCEPTIONAL EMPLOYMENT NEEDS.

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

     SEC. 4104. ESTABLISHMENT OF SPECIAL PAY RATE FOR ASYLUM 
                   OFFICERS.

       (a) In General.--Subchapter III of chapter 53 of title 5, 
     United States Code, is amended by inserting after section 
     5332 the following:

[[Page S767]]

  


     ``Sec. 5332a. Special base rates of pay for asylum officers

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

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

                       CHAPTER 2--HIRING WAIVERS

     SEC. 4111. HIRING FLEXIBILITY.

       Section 3 of the Anti-Border Corruption Act of 2010 (6 
     U.S.C. 221) is amended by striking subsection (b) and 
     inserting the following new subsections:
       ``(b) Waiver Authority.--The Commissioner of U.S. Customs 
     and Border Protection may waive the application of subsection 
     (a)(1) in the following circumstances:
       ``(1) In the case of a current, full-time law enforcement 
     officer employed by a State or local law enforcement agency, 
     if such officer--
       ``(A) has served as a law enforcement officer for not fewer 
     than three years with no break in service;
       ``(B) is authorized by law to engage in or supervise the 
     prevention, detection, investigation, or prosecution of, or 
     the incarceration of any person for, any violation of law, 
     and has statutory powers for arrest or apprehension;
       ``(C) is not currently under investigation, does not have 
     disciplinary, misconduct, or derogatory records, has not been 
     found to have engaged in a criminal offense or misconduct, 
     has not resigned from a law enforcement officer position 
     under investigation or in lieu of termination, and has not 
     been dismissed from a law enforcement officer position; and
       ``(D) has, within the past ten years, successfully 
     completed a polygraph examination as a condition of 
     employment with such officer's current law enforcement 
     agency.
       ``(2) In the case of a current, full-time Federal law 
     enforcement officer, if such officer--
       ``(A) has served as a law enforcement officer for not fewer 
     than three years with no break in service;
       ``(B) has authority to make arrests, conduct 
     investigations, conduct searches, make seizures, carry 
     firearms, and serve orders, warrants, and other processes;
       ``(C) is not currently under investigation, does not have 
     disciplinary, misconduct, or derogatory records, has not been 
     found to have engaged in a criminal offense or misconduct, 
     has not resigned from a law enforcement officer position 
     under investigation or in lieu of termination, and has not 
     been dismissed from a law enforcement officer position; and
       ``(D) holds a current background investigation, in 
     accordance with current standards required for access to Top 
     Secret or Top Secret/Sensitive Compartmented Information.
       ``(3) In the case of an individual who is a member of the 
     Armed Forces (or a reserve component thereof) or a veteran, 
     if such individual--
       ``(A) has served in the Armed Forces for not fewer than 
     three years;
       ``(B) holds, or has held within the past five years, Top 
     Secret or Top Secret/Sensitive Compartmented Information 
     clearance;
       ``(C) holds, or has undergone within the past five years, a 
     current background investigation in accordance with current 
     standards required for access to Top Secret or Top Secret/
     Sensitive Compartmented Information;
       ``(D) received, or is eligible to receive, an honorable 
     discharge from service in the Armed Forces, has not engaged 
     in a criminal offense, has not committed a military offense 
     under the Uniform Code of Military Justice, and does not have 
     disciplinary, misconduct, or derogatory records; and
       ``(E) was not granted any waivers to obtain the clearance 
     referred to subparagraph (B).
       ``(c) Termination of Waiver Authority.--The authority to 
     issue a waiver under subsection (b) shall terminate on the 
     date that is 3 years after the date of the enactment of the 
     Border Act.''.

     SEC. 4112. SUPPLEMENTAL COMMISSIONER AUTHORITY AND 
                   DEFINITIONS.

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

     ``SEC. 4. SUPPLEMENTAL COMMISSIONER AUTHORITY.

       ``(a) Non-exemption.--An individual who receives a waiver 
     under subsection (b) of section 3 is not exempt from other 
     hiring requirements relating to suitability for employment 
     and eligibility to hold a national security designated 
     position, as determined by the Commissioner of U.S. Customs 
     and Border Protection.
       ``(b) Background Investigations.--Any individual who 
     receives a waiver under subsection (b) of section 3 who holds 
     a background investigation in accordance with current 
     standards required for access to Top Secret or Top Secret/
     Sensitive Compartmented Information shall be subject to an 
     appropriate background investigation.
       ``(c) Administration of Polygraph Examination.--The 
     Commissioner of U.S. Customs and Border Protection is 
     authorized to administer a polygraph examination to an 
     applicant or employee who is eligible for or receives a 
     waiver under subsection (b) of section 3 if information is 
     discovered prior to the completion of a background 
     investigation that results in a determination that a 
     polygraph examination is necessary to make a final 
     determination regarding suitability for employment or 
     continued employment, as the case may be.''.
       (b) Report.--The Anti-Border Corruption Act of 2010 (Public 
     Law 111-376; 124 Stat. 4104) is amended by adding at the end 
     the following new section:

     ``SEC. 5. REPORTING REQUIREMENTS.

       ``(a) Annual Report.--Not later than one year after the 
     date of the enactment of this section, and annually 
     thereafter for three years, the Commissioner of U.S. Customs 
     and Border Protection shall submit a report to Congress that 
     includes, with respect to the reporting period--
       ``(1) the number of waivers granted and denied under 
     section 3(b);
       ``(2) the reasons for any denials of such waiver;
       ``(3) the percentage of applicants who were hired after 
     receiving a waiver;
       ``(4) the number of instances that a polygraph was 
     administered to an applicant who initially received a waiver 
     and the results of such polygraph;
       ``(5) an assessment of the current impact of the polygraph 
     waiver program on filling law enforcement positions at U.S. 
     Customs and Border Protection;
       ``(6) additional authorities needed by U.S. Customs and 
     Border Protection to better utilize the polygraph waiver 
     program for its intended goals; and
       ``(7) any disciplinary actions taken against law 
     enforcement officers hired under the waiver authority 
     authorized under section 3(b).
       ``(b) Additional Information.--The first report submitted 
     under subsection (a) shall include--
       ``(1) an analysis of other methods of employment 
     suitability tests that detect deception and could be used in 
     conjunction with traditional background investigations to 
     evaluate potential employees for suitability; and
       ``(2) a recommendation regarding whether a test referred to 
     in paragraph (1) should be adopted by U.S. Customs and Border 
     Protection when the polygraph examination requirement is 
     waived pursuant to section 3(b).''.
       (c) GAO Report.--The Anti-Border Corruption Act of 2010 
     (Public Law 111-376; 124 Stat. 4104), as amended by 
     subsection (b) of this section, is further amended by adding 
     at the end the following new section:

     ``SEC. 6. GAO REPORT.

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

[[Page S768]]

       (d) Definitions.--The Anti-Border Corruption Act of 2010 
     (Public Law 111-376; 124 Stat. 4104), as amended by 
     subsection (c) of this section, is further amended by adding 
     at the end the following new section:

     ``SEC. 7. DEFINITIONS.

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

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

     SEC. 4121. ALTERNATIVES TO DETENTION IMPROVEMENTS.

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

     SEC. 4122. TRAINING FOR U.S. BORDER PATROL.

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

                CHAPTER 4--MODERNIZING NOTICES TO APPEAR

     SEC. 4131. ELECTRONIC NOTICES TO APPEAR.

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

     SEC. 4132. AUTHORITY TO PREPARE AND ISSUE NOTICES TO APPEAR.

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

              Subtitle B--Asylum Processing at the Border

     SEC. 4141. PROVISIONAL NONCUSTODIAL REMOVAL PROCEEDINGS.

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

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

       ``(a) General Rules.--
       ``(1) Circumstances warranting noncustodial proceedings.--
     The Secretary, based upon operational circumstances, may 
     refer an alien applicant for admission for proceedings 
     described in this section if the alien--
       ``(A) indicates an intention to apply for a protection 
     determination; or
       ``(B) expresses a credible fear of persecution (as defined 
     in section 235(b)(1)(B)(v)) or torture.
       ``(2) Release from custody.--Aliens referred for 
     proceedings under this section shall be released from 
     physical custody and processed in accordance with the 
     procedures described in this section.
       ``(3) Alternatives to detention.--An adult alien, including 
     a head of household, who has been referred for a proceeding 
     under this section shall be supervised under the Alternatives 
     to Detention program of U.S. Immigration and Customs 
     Enforcement immediately upon release from physical custody

[[Page S769]]

     and continuing for the duration of such proceeding.
       ``(4) Family unity.--The Secretary shall ensure, to the 
     greatest extent practicable, that the referral of a family 
     unit for proceedings under this section includes all members 
     of such family unit who are traveling together.
       ``(5) Exceptions.--
       ``(A) Unaccompanied alien children.--The provisions under 
     this section may not be applied to unaccompanied alien 
     children (as defined in section 462(g) of the Homeland 
     Security Act of 2002 (6 U.S.C. 279(g))).
       ``(B) Applicability limitation.--
       ``(i) In general.--The Secretary shall only refer for 
     proceedings under this section an alien described in clause 
     (ii).
       ``(ii) Alien described.-- An alien described in this clause 
     is an alien who--

       ``(I) has not affirmatively shown, to the satisfaction of 
     an immigration officer, that the alien has been physically 
     present in the United States for more than the 14-day period 
     immediately prior to the date on which the alien was 
     encountered by U.S. Customs and Border Protection; and
       ``(II) was encountered within 100 air miles of the 
     international land borders of the United States.

       ``(6) Timing.--The provisional noncustodial removal 
     proceedings described in this section shall conclude, to the 
     maximum extent practicable, not later than 90 days after the 
     date the alien is inspected and determined inadmissible.
       ``(b) Procedures for Provisional Noncustodial Removal 
     Proceedings.--
       ``(1) Commencement.--
       ``(A) In general.--Provisional noncustodial removal 
     proceedings shall commence under this section with respect to 
     an alien immediately after the Secretary properly serves a 
     notice of removal proceedings on the alien.
       ``(B) 90-day timeframe.--The 90-day period under subsection 
     (a)(6) with respect to an alien shall commence upon an 
     inspection and inadmissibility determination of the alien.
       ``(2) Service and notice of interview requirements.--In 
     provisional noncustodial removal proceedings conducted under 
     this section, the Secretary shall--
       ``(A) serve notice to the alien or, if personal service is 
     not practicable, to the alien's counsel of record;
       ``(B) ensure that such notice, to the maximum extent 
     practicable, is in the alien's native language or in a 
     language the alien understands; and
       ``(C) include in such notice--
       ``(i) the nature of the proceedings against the alien;
       ``(ii) the legal authority under which such proceedings 
     will be conducted; and
       ``(iii) the charges against the alien and the statutory 
     provisions the alien is alleged to have violated;
       ``(D) inform the alien of his or her obligation--
       ``(i) to immediately provide (or have provided) to the 
     Secretary, in writing, the mailing address, contact 
     information, email address or other electronic address, and 
     telephone number (if any), at which the alien may be 
     contacted respecting the proceeding under this section; and
       ``(ii) to provide to the Secretary, in writing, any change 
     of the alien's mailing address or telephone number shortly 
     after any such change;
       ``(E) include in such notice--
       ``(i) the time and place at which the proceeding under this 
     section will be held, which shall be communicated, to the 
     extent practicable, before or during the alien's release from 
     physical custody; or
       ``(ii) immediately after release, the time and place of 
     such proceeding, which shall be provided not later than 10 
     days before the scheduled protection determination interview 
     and shall be considered proper service of the commencement of 
     proceedings; and
       ``(F) inform the alien of--
       ``(i) the consequences to which the alien would be subject 
     pursuant to section 240(b)(5) if the alien fails to appear at 
     such proceeding, absent exceptional circumstances;
       ``(ii) the alien's right to be represented, at no expense 
     to the Federal Government, by any counsel or accredited 
     representative selected by the alien who is authorized to 
     represent an alien in such a proceeding; and
       ``(G) the information described in section 
     235(b)(1)(B)(iv)(II).
       ``(3) Protection determination.--
       ``(A) In general.--To the maximum extent practicable, 
     within 90 days after the date on which an alien is referred 
     for proceedings under this section, an asylum officer shall 
     conduct a protection determination of such alien in person or 
     through a technology appropriate for protection 
     determinations.
       ``(B) Access to counsel.--In any proceeding under this 
     section or section 240D before U.S. Citizenship and 
     Immigration Services and in any appeal of the result of such 
     a proceeding, an alien shall have the privilege of being 
     represented, at no expense to the Federal Government, by 
     counsel authorized to represent an alien in such a 
     proceeding.
       ``(C) Procedures and evidence.--The asylum officer may 
     receive into evidence any oral or written statement that is 
     material and relevant to any matter in the protection 
     determination. The testimony of the alien shall be under oath 
     or affirmation administered by the asylum officer.
       ``(D) Interpreters.--Whenever necessary, the asylum officer 
     shall procure the assistance of an interpreter, to the 
     maximum extent practicable, in the alien's native language or 
     in a language the alien understands, during any protection 
     determination.
       ``(E) Location.--
       ``(i) In general.--Any protection determination authorized 
     under this section shall occur in--

       ``(I) a U.S. Citizenship and Immigration Services office;
       ``(II) a facility managed, leased, or operated by U.S. 
     Citizenship and Immigration Services;
       ``(III) any other location designated by the Director of 
     U.S. Citizenship and Immigration Services; or
       ``(IV) any other federally owned or federally leased 
     building that--

       ``(aa) the Director has authorized or entered into a 
     memorandum of agreement to be used for such purpose; and
       ``(bb) meets the special rules under clause (ii) and the 
     minimum requirements under clause (iii).
       ``(ii) Special rules.--

       ``(I) Location.--A protection determination may not be 
     conducted in a facility that is managed, leased, owned, or 
     operated by U.S. Immigration and Customs Enforcement or U.S. 
     Customs and Border Protection.
       ``(II) Reasonable time.--The Secretary shall ensure that a 
     protection determination is conducted during a reasonable 
     time of the day.
       ``(III) Geographical limitation.--The Secretary shall 
     ensure that each protection determination for an alien is 
     scheduled at a facility that is a reasonable distance from 
     the current residence of such alien.
       ``(IV) Protection for children.--In the case of a family 
     unit, the Secretary shall ensure that the best interests of 
     the child or children are considered when conducting a 
     protection determination of the child's family unit.

       ``(iii) Minimum location requirement.--Each facility that 
     the Director authorizes to be used to conduct protection 
     determinations shall--

       ``(I) have adequate security measures to protect Federal 
     employees, aliens, and beneficiaries for benefits; and
       ``(II) ensure the best interests of the child or children 
     are prioritized pursuant to clause (ii)(IV) if such children 
     are present at the protection determination.

       ``(F) Written record.--The asylum officer shall prepare a 
     written record of each protection determination, which--
       ``(i) shall be provided to the alien, or to the alien's 
     counsel of record, upon a decision; and
       ``(ii) shall include--

       ``(I) a summary of the material facts stated by the alien;
       ``(II) any additional facts relied upon by the asylum 
     officer;
       ``(III) the asylum officer's analysis of why, in the light 
     of the facts referred to in subclauses (I) and (II), the 
     alien has or has not established a positive or negative 
     outcome from the protection determination; and
       ``(IV) a copy of the asylum officer's interview notes.

       ``(G) Rescheduling.--
       ``(i) In general.--The Secretary shall promulgate 
     regulations that permit an alien to reschedule a protection 
     determination in the event of exceptional circumstances.
       ``(ii) Tolling of time limitation.--If an interview is 
     rescheduled at the request of an alien, the period between 
     the date on which the protection determination was originally 
     scheduled and the date of the rescheduled interview shall not 
     count toward the 90-day period referred to in subsection 
     (a)(6).
       ``(H) Withdrawal of application, voluntary departure, and 
     voluntary repatriation.--
       ``(i) Voluntary departure.--The Secretary may permit an 
     alien to voluntarily depart in accordance with section 240E.
       ``(ii) Withdrawal of application.--The Secretary may permit 
     an alien, at any time before the protection merits interview, 
     to withdraw his or her application and depart immediately 
     from the United States in accordance with section 240F.
       ``(iii) Voluntary repatriation.--The Secretary may permit 
     an alien to voluntarily repatriate in accordance with section 
     240G.
       ``(I) Conversion to removal proceedings under section 
     240.--The asylum officer or immigration officer may refer or 
     place an alien into removal proceedings under section 240 by 
     issuing a notice to appear for the purpose of initiating such 
     proceedings if either such officer determines that--
       ``(i) such proceedings are required in order to permit the 
     alien to seek an immigration benefit for which the alien is 
     legally entitled to apply; and
       ``(ii) such application requires such alien to be placed 
     in, or referred to proceedings under section 240 that are not 
     available to such alien under this section.
       ``(J) Protection of information.--
       ``(i) Sensitive or law enforcement information.--Nothing in 
     this section may be construed to compel any employee of the 
     Department of Homeland Security to disclose any information 
     that is otherwise protected from disclosure by law.
       ``(ii) Protection of certain information.--Before providing 
     the record described in subparagraph (F) to the alien or to 
     the alien's counsel of record, the Director shall protect any 
     information that is prohibited by law from being disclosed.
       ``(c) Protection Determination.--

[[Page S770]]

       ``(1) Identity verification.--The Secretary may not conduct 
     the protection determination with respect to an alien until 
     the identity of the alien has been checked against all 
     appropriate records and databases maintained by the Attorney 
     General, the Secretary of State, or the Secretary.
       ``(2) In general.--
       ``(A) Eligibility.--Upon the establishing the identity of 
     an alien pursuant to paragraph (1), the asylum officer shall 
     conduct a protection determination in a location selected in 
     accordance with this section.
       ``(B) Outcome.--
       ``(i) Positive protection determination outcome.--If the 
     protection determination conducted pursuant to subparagraph 
     (A) results in a positive protection determination outcome, 
     the alien shall be referred to protection merits removal 
     proceedings in accordance with the procedures described in 
     paragraph (4).
       ``(ii) Negative protection determination outcome.--If such 
     protection determination results in a negative protection 
     determination outcome, the alien shall be subject to the 
     process described in subsection (d).
       ``(3) Record.--
       ``(A) Use of record.--In each protection determination, or 
     any review of such determination, the record of the alien's 
     protection determination required under subsection (b)(3)(F) 
     shall constitute the underlying application for the alien's 
     application for asylum, withholding of removal under section 
     241(b)(3), or protection under the Convention Against Torture 
     for purposes of the protection merits interview.
       ``(B) Date of filing.--The date on which the Secretary 
     issues a notification of a positive protection determination 
     pursuant to paragraph (2)(B)(i) shall be considered, for all 
     purposes, the date of filing and the date of receipt of the 
     alien's application for asylum, withholding of removal under 
     section 241(b)(3), or protection under the Convention Against 
     Torture, as applicable.
       ``(4) Referral for protection merits removal proceedings.--
       ``(A) In general.--If the alien receives a positive 
     protection determination--
       ``(i) the alien shall be issued employment authorization 
     pursuant to section 235C; and
       ``(ii) subject to paragraph (5), the asylum officer shall 
     refer the alien for protection merits removal proceedings 
     described in section 240D.
       ``(B) Notifications.--As soon as practicable after a 
     positive protection determination, the Secretary shall--
       ``(i) issue a written notification to the alien of the 
     outcome of such determination;
       ``(ii) include all of the information described in 
     subsection (b)(2); and
       ``(iii) ensure that such notification and information 
     concerning the procedures under section 240D, shall be made, 
     at a minimum, not later than 30 days before the date on which 
     the required protection merits interview under section 240D 
     occurs.
       ``(5) Authority to grant relief or protection.--
       ``(A) In general.--If an alien demonstrates, by clear and 
     convincing evidence, that the alien is eligible for asylum, 
     withholding of removal under section 241(b)(3), or protection 
     under the Convention Against Torture during the protection 
     determination, the asylum officer, subject to the procedures 
     under subparagraph (B), may grant an application for such 
     relief or protection submitted by such alien without 
     referring the alien to protection merits removal proceedings 
     under section 240D.
       ``(B) Supervisory review.--
       ``(i) In general.--An application granted by an asylum 
     officer under subparagraph (A) shall be reviewed by a 
     supervisory asylum officer to determine whether such grant is 
     warranted.
       ``(ii) Limitation.--A decision by an asylum officer to 
     grant an application under subparagraph (A) shall not be 
     final, and the alien shall not be notified of such decision, 
     unless a supervisory asylum officer first determines, based 
     on the review conducted pursuant to clause (i), that such a 
     grant is warranted.
       ``(iii) Effect of approval.--If the supervisor determines 
     that granting an alien's application for relief or protection 
     is warranted--

       ``(I) such application shall be approved; and
       ``(II) the alien shall receive written notification of such 
     decision as soon as practicable.

       ``(iv) Effect of non-approval.--If the supervisor 
     determines that the grant is not warranted, the alien shall 
     be referred for protection merits removal proceedings under 
     section 240D.
       ``(C) Special rules.--Notwithstanding any other provision 
     of law--
       ``(i) if an alien's application for asylum is approved 
     pursuant to subparagraph (B)(iii), the asylum officer may not 
     issue an order of removal; and
       ``(ii) if an alien's application for withholding of removal 
     under section 241(b)(3) or for withholding or deferral of 
     removal under the Convention Against Torture is approved 
     pursuant to subparagraph (B)(iii), the asylum officer shall 
     issue a corresponding order of removal.
       ``(D) Biannual report.--The Director shall submit a 
     biannual report to the relevant committees of Congress that 
     includes, for the relevant period--
       ``(i) the number of cases described in subparagraph (A) 
     that were referred to a supervisor pursuant to subparagraph 
     (B), disaggregated by asylum office;
       ``(ii) the number of cases described in clause (i) that 
     were approved subsequent to the referral to a supervisor 
     pursuant to subparagraph (B);
       ``(iii) the number of cases described in clause (i) that 
     were not approved subsequent to the referral to a supervisor 
     pursuant to subparagraph (B);
       ``(iv) a summary of the benefits for which any aliens 
     described in subparagraph (A) were considered amenable and 
     whose cases were referred to a supervisor pursuant to 
     subparagraph (B), disaggregated by case outcome referred to 
     in clauses (ii) and (iii);
       ``(v) a description of any anomalous case outcomes for 
     aliens described in subparagraph (A) whose cases were 
     referred to a supervisor pursuant subparagraph (B); and
       ``(vi) a description of any actions taken to remedy the 
     anomalous case outcomes referred to in clause (v).
       ``(E) Protection of personally identifiable information.--
     In preparing each report pursuant to subparagraph (D), the 
     Director shall--
       ``(i) protect any personally identifiable information 
     associated with aliens described in subparagraph (A); and
       ``(ii) comply with all applicable privacy laws.
       ``(6) Employment authorization.--An alien whose application 
     for relief or protection has been approved by a supervisor 
     pursuant to paragraph (5)(B) shall be issued employment 
     authorization under section 235C.
       ``(d) Negative Protection Determination.--
       ``(1) In general.--If an alien receives a negative 
     protection determination, the asylum officer shall--
       ``(A) provide such alien with written notification of such 
     determination; and
       ``(B) subject to paragraph (2), order the alien removed 
     from the United States without hearing or review.
       ``(2) Opportunity to request reconsideration or appeal.--
     The Secretary shall notify any alien described in paragraph 
     (1) immediately after receiving notification of a negative 
     protection determination under this subsection that he or 
     she--
       ``(A) may request reconsideration of such determination in 
     accordance with paragraph (3); and
       ``(B) may request administrative review of such protection 
     determination decision in accordance with paragraph (4).
       ``(3) Request for reconsideration.--
       ``(A) In general.--Any alien with respect to whom a 
     negative protection determination has been made may submit a 
     request for reconsideration to U.S. Citizenship and 
     Immigration Services not later than 5 days after such 
     determination.
       ``(B) Decision.--The Director, or designee, in the 
     Director's unreviewable discretion, may grant or deny a 
     request for reconsideration made pursuant to subparagraph 
     (A), which decision shall not be subject to review.
       ``(4) Administrative review.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the administrative review of a protection determination with 
     respect to an alien under this subsection shall be based on 
     the record before the asylum officer at the time at which 
     such protection determination was made.
       ``(B) Exception.--An alien referred to in subparagraph (A), 
     or the alien's counsel of record, may submit such additional 
     evidence or testimony in accordance with such policies and 
     procedures as the Secretary may prescribe.
       ``(C) Review.--Each review described in subparagraph (A) 
     shall be conducted by the Protection Appellate Board.
       ``(D) Standard of review.--In accordance with the 
     procedures prescribed by the Secretary, the Protection 
     Appellate Board, upon the request of an alien, or the alien's 
     counsel of record, shall conduct a de novo review of the 
     record of the protection determination carried out pursuant 
     to this section with respect to the alien.
       ``(E) Determination.--
       ``(i) Timing.--The Protection Appellate Board shall 
     complete a review under this paragraph, to the maximum extent 
     practicable, not later than 72 hours after receiving a 
     request from an alien pursuant to subparagraph (D).
       ``(ii) Effect of positive determination.--If, after 
     conducting a review under this paragraph, the Protection 
     Appellate Board determines that an alien has a positive 
     protection determination, the alien shall be referred for 
     protection merits removal proceedings under section 240D.
       ``(iii) Effect of negative determination.--If, after 
     conducting a review under this paragraph, the Protection 
     Appellate Board determines that an alien has a negative 
     protection determination, the alien shall be ordered removed 
     from the United States without additional review.
       ``(5) Jurisdictional matters.--In any action brought 
     against an alien under section 275(a) or 276, the court shall 
     not have jurisdiction to hear any claim attacking the 
     validity of an order of removal entered pursuant to 
     subsection (c)(5)(C)(ii).
       ``(e) Service of Protection Determination Decision.--
       ``(1) Protection determination decision.--
       ``(A) In general.--Upon reaching a decision regarding a 
     protection determination, the Secretary shall--
       ``(i) immediately notify the alien, and the alien's counsel 
     of record, if applicable, that a determination decision has 
     been made; and

[[Page S771]]

       ``(ii) schedule the service of the protection determination 
     decision, which shall take place, to the maximum extent 
     practicable, not later than 5 days after such notification.
       ``(B) Special rules.--
       ``(i) Location.--Each service of a protection determination 
     decision scheduled pursuant to subparagraph (A)(ii) may occur 
     at--

       ``(I) a U.S. Immigration and Customs Enforcement facility;
       ``(II) an Immigration Court; or
       ``(III) any other federally owned or federally leased 
     building that--

       ``(aa) the Secretary has authorized or entered into a 
     memorandum of agreement to be used for such purpose; and
       ``(bb) meets the minimum requirements under this 
     subparagraph.
       ``(ii) Minimum requirements.--In conducting each service of 
     a protection determination decision, the Director shall 
     ensure compliance with the requirements set forth in clauses 
     (ii)(II), (ii)(III), (ii)(IV), and (iii) of subsection 
     (b)(3)(E).
       ``(2) Procedures for service of protection determination 
     decisions.--
       ``(A) Written decision.--The Secretary shall ensure that 
     each alien and the alien's counsel of record, if applicable, 
     attending a determination decision receives a written 
     decision that includes, at a minimum, the articulated basis 
     for the denial of the protection benefit sought by the alien.
       ``(B) Language access.--The Secretary shall ensure that 
     each written decision required under subparagraph (A) is 
     delivered to the alien in--
       ``(i) the alien's native language, to the maximum extent 
     practicable; or
       ``(ii) another language the alien understands.
       ``(C) Access to counsel.--An alien who has obtained the 
     services of counsel shall be represented by such counsel, at 
     no expense to the Federal Government, at the service of the 
     protection determination. Nothing in this subparagraph may be 
     construed to create a substantive due process right or to 
     unreasonably delay the scheduling of the service of the 
     protection determination.
       ``(D) Asylum officer.--A protection determination decision 
     may only be served by an asylum officer.
       ``(E) Protections for asylum officer decisions based on the 
     merits of the case.--The Secretary may not impose 
     restrictions on an asylum officer's ability to grant or deny 
     relief sought by an alien in a protection determination or 
     protection merits interview based on a numerical limitation.
       ``(3) Negative protection determination.--
       ``(A) Advisement of rights and opportunities.--If an alien 
     receives a negative protection determination decision, the 
     asylum officer shall--
       ``(i) advise the alien if an alternative option of return 
     is available to the alien, including--

       ``(I) voluntary departure;
       ``(II) withdrawal of the alien's application for admission; 
     or
       ``(III) voluntary repatriation; and

       ``(ii) provide written or verbal information to the alien 
     regarding the process, procedures, and timelines for 
     appealing such denial, to the maximum extent practicable, in 
     the alien's native language, or in a language the alien 
     understands.
       ``(4) Protection for children.--In the case of a family 
     unit, the Secretary shall ensure that the best interests of 
     the child or children are considered when conducting a 
     protection determination of the child's family unit.
       ``(5) Final order of removal.--If an alien receives a 
     negative protection determination decision, an alien shall be 
     removed in accordance with section 241 upon a final order of 
     removal.
       ``(f) Failure To Conduct Protection Determination.--
       ``(1) In general.--If the Secretary fails to conduct a 
     protection determination for an alien during the 90-day 
     period set forth in subsection (b)(3)(A), such alien shall be 
     referred for protection merits removal proceedings in 
     accordance with 240D.
       ``(2) Notice of protection merits interview.--
       ``(A) In general.--If an alien is referred for protection 
     merits removal proceedings pursuant to paragraph (1), the 
     Secretary shall properly file with U.S. Citizenship and 
     Immigration Services and serve upon the alien, or the alien's 
     counsel of record, a notice of a protection merits interview, 
     in accordance with subsection (b)(2).
       ``(B) Contents.--Each notice of protection merits interview 
     served pursuant to subparagraph (A)--
       ``(i) shall include each element described in subsection 
     (b)(2); and
       ``(ii) shall--

       ``(I) inform the alien that an application for protection 
     relief shall be submitted to the Secretary not later than 30 
     days before the date on which the alien's protection merits 
     interview is scheduled;
       ``(II) inform the alien that he or she shall receive 
     employment authorization, pursuant to section 235C, not later 
     than 30 days after filing the application required under 
     subclause (I);
       ``(III) inform the alien that he or she may submit evidence 
     into the record not later than 30 days before the date on 
     which the alien's protection merits interview is scheduled;
       ``(IV) describe--

       ``(aa) the penalties resulting from the alien's failure to 
     file the application required under subclause (I); and
       ``(bb) the terms and conditions for redressing such failure 
     to file; and

       ``(V) describe the penalties resulting from the alien's 
     failure to appear for a scheduled protection merits 
     interview.

       ``(3) Date of filing.--The date on which an application for 
     protection relief is received by the Secretary shall be 
     considered the date of filing and receipt for all purposes.
       ``(4) Effect of failure to file.--
       ``(A) In general.--Failure to timely file an application 
     for protection relief under this subsection will result in an 
     order of removal, absent exceptional circumstances.
       ``(B) Opportunity for redress.--
       ``(i) In general.--The Secretary shall promulgate 
     regulations authorizing a 15-day opportunity for redress to 
     file an application for protection relief if there are 
     exceptional circumstances regarding the alien's failure to 
     timely file an application for protection relief.
       ``(ii) Contents.--Each application submitted pursuant to 
     clause (i) shall--

       ``(I) describe the basis for such request;
       ``(II) include supporting evidence; and
       ``(III) identify the exceptional circumstances that led to 
     the alien's failure to file the application for protection 
     relief in a timely manner.

       ``(C) Decision .--In evaluating a request for redress 
     submitted pursuant to subparagraph (B)(i), the Director, or 
     designee--
       ``(i) shall determine whether such request rises to the 
     level of exceptional circumstances; and
       ``(ii) may schedule a protection determination interview.
       ``(5) Employment authorization.--
       ``(A) In general.--Employment authorization shall be 
     provided to aliens described in this subsection in accordance 
     with section 235C.
       ``(B) Revocation.--The Secretary may revoke the employment 
     authorization provided to any alien processed under this 
     section or section 240D if such alien--
       ``(i) has obtained authorization for employment pursuant to 
     the procedures described in section 235C; and
       ``(ii) absent exceptional circumstances, subsequently fails 
     to appear for a protection determination under subsection 
     (b)(3) or a protection merits interview under 240D(c)(3).
       ``(g) Failure To Appear.--
       ``(1) Protection merits interview.--The provisions of 
     section 240(b)(5) shall apply to proceedings under this 
     section.
       ``(2) Opportunity to redress.--
       ``(A) In general.--Not later than 15 days after the date on 
     which an alien fails to appear for a scheduled protection 
     determination or protection merits interview, the alien may 
     submit a written request for a rescheduled protection 
     determination or protection merits interview.
       ``(B) Contents.--Each request submitted pursuant to 
     subparagraph (A) shall--
       ``(i) describe the basis for such request;
       ``(ii) include supporting evidence; and
       ``(iii) identify the exceptional circumstances that led to 
     the alien's failure to appear.
       ``(C) Decision.--In evaluating a request submitted pursuant 
     to subparagraph (A), the Director, or designee shall 
     determine whether the evidence included in such request rises 
     to the level of exceptional circumstances. Such decision 
     shall not be reviewable.
       ``(h) Rulemaking.--
       ``(1) In general.--The Secretary may promulgate such 
     regulations as are necessary to implement this section in 
     compliance with the requirements of section 553 of title 5, 
     United States Code.
       ``(2) Initial implementation.--Until the date that is 180 
     days after the date of the enactment of this section, the 
     Secretary may issue any interim final rules necessary to 
     implement this section without having to satisfy the 
     requirements of section 553(b)(B) of title 5, United States 
     Code, provided that any such interim final rules shall 
     include a 30-day post promulgation notice and comment period 
     prior to finalization in the Federal Register.
       ``(3) Requirement.--All regulations promulgated to 
     implement this section beginning on the date that is 180 days 
     after the date of the enactment of this section, shall be 
     issued pursuant to the requirements set forth in section 553 
     of title 5, United States Code.
       ``(i) Savings Provisions.--
       ``(1) Expedited removal.--Nothing in this section may be 
     construed to expand or restrict the Secretary's discretion to 
     carry out expedited removals pursuant to section 235 to the 
     extent authorized by law. The Secretary shall not refer or 
     place an alien in proceedings under section 235 if the alien 
     has already been placed in or referred to proceedings under 
     this section or section 240D.
       ``(2) Detention.--Nothing in this section may be construed 
     to affect the authority of the Secretary to detain an alien 
     released pursuant to this section if otherwise authorized by 
     law.
       ``(3) Settlement agreements.--Nothing in this section may 
     be construed--
       ``(A) to expand or restrict any settlement agreement in 
     effect as of the date of the enactment of this section; or
       ``(B) to abrogate any provision of the stipulated 
     settlement agreement in Reno v. Flores, as filed in the 
     United States District Court for the Central District of 
     California on January 17, 1997 (CV-85-4544-RJK), including 
     all subsequent court decisions, orders, agreements, and 
     stipulations.

[[Page S772]]

       ``(4) Impact on other removal proceedings.--The provisions 
     of this section may not be interpreted to apply to any other 
     form of removal proceedings.
       ``(5) Special rule.--For aliens who are natives or citizens 
     of Cuba released pursuant to this section and who are 
     otherwise eligible for adjustment of status under the first 
     section of Public Law 89-732 (8 U.S.C. 1255 note) (commonly 
     known as the `Cuban Adjustment Act'), the requirement that an 
     alien has been inspected and admitted or paroled into the 
     United States shall not apply. Aliens who are natives or 
     citizens of Cuba or Haiti and have been released pursuant to 
     section 240 (8 U.S.C. 1229) shall be considered to be 
     individuals described in section 501(e)(1) of the Refugee 
     Education Assistance Act of 1980 (8 U.S.C. 1522 note).
       ``(6) Review of protection determinations.--Except for 
     reviews of constitutional claims, no court shall have 
     jurisdiction to review a protection determination issued by 
     U.S. Citizenship and Immigration Services under this section.
       ``(7) Final removal orders.--No court shall have 
     jurisdiction to review a final order of removal issued under 
     this section.
       ``(j) Judicial Review.--Notwithstanding any other provision 
     of this Act, judicial review of any decision or action in 
     this section shall be governed only by the United States 
     District Court for the District of Columbia, which shall have 
     sole and original jurisdiction to hear challenges, whether 
     constitutional or otherwise, to the validity of this section 
     or any written policy directive, written policy guideline, 
     written procedure, or the implementation thereof, issued by 
     or under the authority of the Secretary to implement this 
     section.
       ``(k) Reports on Asylum Officer Grant Rates.--
       ``(1) Publication of annual report.--Not later than 1 year 
     after the date of the enactment of the Border Act, and 
     annually thereafter, the Director of U.S. Citizenship and 
     Immigration Services shall publish a report, on a publicly 
     accessible website of U.S. Citizenship and Immigration 
     Services, which includes, for the reporting period--
       ``(A) the number of protection determinations that were 
     approved or denied; and
       ``(B) a description of any anomalous incidents identified 
     by the Director, including any action taken by the Director 
     to address such an incident.
       ``(2) Semiannual report to congress.--
       ``(A) In general.--Not less frequently than twice each 
     year, the Director of U.S. Citizenship and Immigration 
     Services shall submit a report to the relevant committees of 
     Congress that includes, for the preceding reporting period, 
     and aggregated for the applicable calendar year--
       ``(i) the number of cases in which a protection 
     determination or protection merits interview has been 
     completed; and
       ``(ii) for each asylum office or duty station to which more 
     than 20 asylum officers are assigned--

       ``(I) the median percentage of positive determinations and 
     protection merits interviews in the cases described in clause 
     (i);
       ``(II) the mean percentage of negative determinations and 
     protection merits interviews in such cases; and
       ``(III) the number of cases described in subsection (c)(5) 
     in which an alien was referred to a supervisor after 
     demonstrating, by clear and convincing evidence, eligibility 
     for asylum, withholding of removal, or protection under the 
     Convention Against Torture, disaggregated by benefit type;
       ``(IV) the number of cases described in clause (i) that 
     were approved by a supervisor; and
       ``(V) the number of cases described in clause (i) that were 
     not approved by a supervisor.

       ``(B) Presentation of data.--The information described in 
     subparagraph (A) shall be provided in the format of aggregate 
     totals by office or duty station.
       ``(l) Definitions.--In this section:
       ``(1) Application for protection relief.--The term 
     `application for protection relief' means any request, 
     application or petition authorized by the Secretary for 
     asylum, withholding of removal, or protection under the 
     Convention Against Torture.
       ``(2) Asylum officer.--The term `asylum officer' has the 
     meaning given such term in section 235(b)(1)(E).
       ``(3) Convention against torture.--The term `Convention 
     Against Torture' means the United Nations Convention Against 
     Torture and Other Cruel, Inhuman or Degrading Treatment or 
     Punishment, done at New York December 10, 1984, including any 
     implementing regulations.
       ``(4) Director.--The term `Director' means the Director of 
     U.S. Citizenship and Immigration Services.
       ``(5) Exceptional circumstances.--The term `exceptional 
     circumstances' has the meaning given such term in section 
     240(e)(1).
       ``(6) Final order of removal.--The term `final order of 
     removal' means an order of removal made by an asylum officer 
     at the conclusion of a protection determination, and any 
     appeal of such order, as applicable.
       ``(7) Protection appellate board.--The term `Protection 
     Appellate Board' means the Protection Appellate Board 
     established under section 463 of the Homeland Security Act of 
     2002.
       ``(8) Protection determination decision.--The term 
     `protection determination decision' means the service of a 
     negative or positive protection determination outcome.
       ``(9) Relevant committees of congress.--The term `relevant 
     committees of Congress' means--
       ``(A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       ``(B) the Committee on the Judiciary of the Senate;
       ``(C) the Committee on Appropriations of the Senate;
       ``(D) the Committee on Homeland Security of the House of 
     Representatives;
       ``(E) the Committee on the Judiciary of the House of 
     Representatives;
       ``(F) the Committee on Appropriations of the House of 
     Representatives; and
       ``(G) the Committee on Oversight and Accountability of the 
     House of Representatives.
       ``(10) Secretary.--The term `Secretary' means the Secretary 
     of Homeland Security.''.
       (b) Clerical Amendment.--The table of contents of the 
     Immigration and Nationality Act (8 U.S.C. 1101 note) is 
     amended by inserting after the item relating to section 235A 
     the following:

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

     SEC. 4142. PROTECTION MERITS REMOVAL PROCEEDINGS.

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

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

       ``(a) Commencement of Proceedings.--Removal proceedings 
     under this section shall commence immediately after the 
     Secretary properly serves notice on an alien who was--
       ``(1) processed under section 235B and referred under 
     subsection (c)(4) of that section after having been issued a 
     notice of a positive protection determination under such 
     subsection; or
       ``(2) referred under section 235B(f).
       ``(b) Duration of Proceedings.--To the maximum extent 
     practicable, proceedings under this section shall conclude 
     not later than 90 days after the date on which such 
     proceedings commence.
       ``(c) Procedures.--
       ``(1) Service and notice requirements.--Upon the 
     commencement of proceedings under this section, the Secretary 
     shall provide notice of removal proceedings to the alien, or 
     if personal service is not practicable, to the alien's 
     counsel of record. Such notice shall be provided, to the 
     maximum extent practicable, in the alien's native language, 
     or in a language the alien understands, and shall specify or 
     provide--
       ``(A) the nature of the proceedings against the alien;
       ``(B) the legal authority under which such proceedings will 
     be conducted;
       ``(C) the charges against the alien and the statutory 
     provisions alleged to have been violated by the alien;
       ``(D) that the alien shall--
       ``(i) immediately provide (or have provided) to the 
     Secretary, in writing, the mailing address, contact 
     information, email address or other electronic address, and 
     telephone number (if any) at which the alien may be contacted 
     respecting the proceeding under this section; and
       ``(ii) provide to the Secretary, in writing, any change of 
     the alien's mailing address or telephone number after any 
     such change;
       ``(E)(i) the time and place at which the proceeding under 
     this section will be held, which information shall be 
     communicated, to the extent practicable, before or during the 
     alien's release from physical custody; or
       ``(ii) immediately after release, the time and place of 
     such proceeding shall be provided to the alien, or to the 
     alien's counsel of record, not later than 10 days before the 
     scheduled protection determination interview, which shall be 
     considered proper service of the commencement of proceedings;
       ``(F) the consequences for the alien's failure to appear at 
     such proceeding pursuant to section 240(b)(5)(A), absent 
     exceptional circumstances;
       ``(G) the alien's right to be represented, at no expense to 
     the Federal Government, by any counsel, or an accredited 
     representative, selected by the alien who is authorized to 
     practice in such a proceeding; and
       ``(H) information described in section 
     235(b)(1)(B)(iv)(II).
       ``(2) Alternatives to detention.--An adult alien, including 
     a head of household, who has been referred for proceedings 
     under this section, shall be supervised under the 
     Alternatives to Detention program of U.S. Immigration and 
     Customs Enforcement for the duration of such proceedings.
       ``(3) Protection merits interview.--
       ``(A) In general.--An asylum officer shall conduct a 
     protection merits interview of each alien processed under 
     this section.
       ``(B) Access to counsel.--Section 235B(b)(3)(B) shall apply 
     to proceedings under this section.
       ``(C) Procedures and evidence.--The asylum officer may 
     receive into evidence any oral or written statement that is 
     material and relevant to any matter in the protection merits 
     interview. The testimony of the alien shall be under oath or 
     affirmation, which shall be administered by the asylum 
     officer.
       ``(D) Translation of documents.--Any foreign language 
     document offered by a party in proceedings under this section 
     shall be accompanied by an English language translation and a 
     certification signed by the translator, which shall be 
     printed legibly or typed. Such certification shall include a 
     statement that the translator is competent to translate the 
     document, and that the

[[Page S773]]

     translation is true and accurate to the best of the 
     translator's abilities.
       ``(E) Interpreters.--An interpreter may be provided to the 
     alien for the proceedings under this section, in accordance 
     with section 235B(b)(3)(D).
       ``(F) Location.--The location for the protection merits 
     interview described in this section shall be determined in 
     accordance with the terms and conditions described in section 
     235B(b)(3)(E).
       ``(G) Written record.--The asylum officer shall prepare a 
     written record of each protection merits interview, which 
     shall be provided to the alien or the alien's counsel, that 
     includes--
       ``(i) a summary of the material facts stated by the alien;
       ``(ii) any additional facts relied upon by the asylum 
     officer;
       ``(iii) the asylum officer's analysis of why, in light of 
     the facts referred to in clauses (i) and (ii), the alien has 
     or has not established eligibility for asylum under section 
     208, withholding of removal under section 241(b)(3), or 
     protection under the Convention Against Torture; and
       ``(iv) a copy of the asylum officer's interview notes.
       ``(H) Protection of certain information.--Before providing 
     the record described in subparagraph (G) to the alien or the 
     alien's counsel of record, the Director shall protect any 
     information the disclosure of which is prohibited by law.
       ``(I) Rulemaking.--The Secretary shall promulgate 
     regulations that permit an alien to request a rescheduled 
     interview due to exceptional circumstances.
       ``(J) Withdrawal of application, voluntary departure, and 
     voluntary repatriation.--
       ``(i) Voluntary departure.--The Secretary may permit an 
     alien to voluntarily depart in accordance with section 240E.
       ``(ii) Withdrawal of application.--The Secretary may permit 
     an alien, at any time before the protection merits interview, 
     to withdraw his or her application and depart immediately 
     from the United States in accordance with section 240F.
       ``(iii) Voluntary repatriation.--The Secretary may permit 
     an alien to voluntarily repatriate in accordance with section 
     240G.
       ``(4) Special rule relating to one-year bar.--An alien 
     subject to proceedings under this section shall not be 
     subject to the one-year bar under section 208(a)(2)(B).
       ``(5) Timing of protection merits interview.--A protection 
     merits interview may not be conducted on a date that is 
     earlier than 30 days after the date on which notice is served 
     under paragraph (1).
       ``(d) Protection Merits Determination.--
       ``(1) In general.--After conducting an alien's protection 
     merits interview, the asylum officer shall make a 
     determination on the merits of the alien's application for 
     asylum under section 208, withholding of removal under 
     section 241(b)(3), or protection under the Convention Against 
     Torture.
       ``(2) Positive protection merits determination.--In the 
     case of an alien who the asylum officer determines meets the 
     criteria for a positive protection merits determination, the 
     asylum officer shall approve the alien's application for 
     asylum under section 208, withholding of removal under 
     section 241(b)(3), or protection under the Convention Against 
     Torture.
       ``(3) Negative protection merits determination.--
       ``(A) In general.--In the case of an alien who the asylum 
     officer determines does not meet the criteria for a positive 
     protection merits determination--
       ``(i) the asylum officer shall deny the alien's application 
     for asylum under section 208, withholding of removal under 
     section 241(b)(3), or protection under the Convention Against 
     Torture; and
       ``(ii) the Secretary shall--

       ``(I) provide the alien with written notice of the 
     decision; and
       ``(II) subject to subparagraph (B) and subsection (e), 
     order the removal of the alien from the United States.

       ``(B) Request for reconsideration.--Any alien with respect 
     to whom a negative protection merits determination has been 
     made may submit a request for reconsideration to U.S. 
     Citizenship and Immigration Services not later than 5 days 
     after such determination, in accordance with the procedures 
     set forth in section 235B(d)(3).
       ``(e) Appeals.--
       ``(1) In general.--An alien with respect to whom a negative 
     protection merits determination has been made may submit to 
     the Protection Appellate Board a written petition for review 
     of such determination, together with additional evidence 
     supporting the alien's claim, as applicable, not later than 7 
     days after the date on which a request for reconsideration 
     under subsection (d)(3)(B) has been denied.
       ``(2) Sworn statement.--A petition for review submitted 
     under this subsection shall include a sworn statement by the 
     alien.
       ``(3) Responsibilities of the director.--
       ``(A) In general.--After the filing of a petition for 
     review by an alien, the Director shall--
       ``(i) refer the alien's petition for review to the 
     Protection Appellate Board; and
       ``(ii) before the date on which the Protection Appellate 
     Board commences review, subject to subparagraph (B), provide 
     a full record of the alien's protection merits interview, 
     including a transcript of such interview--

       ``(I) to the Protection Appellate Board; and
       ``(II) to the alien, or the alien's counsel of record.

       ``(B) Protection of certain information.--Before providing 
     the record described in subparagraph (A)(ii)(II) to the alien 
     or the alien's counsel of record, the Director shall protect 
     any information the disclosure of which is prohibited by law.
       ``(4) Standard of review.--
       ``(A) In general.--In reviewing a protection merits 
     determination under this subsection, the Protection Appellate 
     Board shall--
       ``(i) with respect to questions of fact, determine whether 
     the decision reached by the asylum officer with initial 
     jurisdiction regarding the alien's eligibility for relief or 
     protection was clear error; and
       ``(ii) with respect to questions of law, discretion, and 
     judgement, make a de novo determination with respect to the 
     alien's eligibility for relief or protection.
       ``(B) in making a determination under clause (i) or (ii) of 
     subparagraph (A), take into account the credibility of the 
     statements made by the alien in support of the alien's claim 
     and such other facts as are known to the Protection Appellate 
     Board.
       ``(5) Completion.--To the maximum extent practicable, not 
     later than 7 days after the date on which an alien files a 
     petition for review with the Protection Appellate Board, the 
     Protection Appellate Board shall conclude the review.
       ``(6) Opportunity to supplement.--The Protection Appellate 
     Board shall establish a process by which an alien, or the 
     alien's counsel of record, may supplement the record for 
     purposes of a review under this subsection not less than 30 
     days before the Protection Appellate Board commences the 
     review.
       ``(7) Result of review.--
       ``(A) Vacatur of order of removal.--In the case of a 
     determination by the Protection Appellate Board that the 
     application of an alien for asylum warrants approval, the 
     Protection Appellate Board shall vacate the order of removal 
     issued by the asylum officer and grant such application.
       ``(B) Withholding of removal and convention against torture 
     order of removal.--In the case of a determination by the 
     Protection Appellate Board that the application of an alien 
     for withholding of removal under section 241(b)(3) or 
     protection under the Convention Against Torture warrants 
     approval, the Protection Appellate Board--
       ``(i) shall not vacate the order of removal issued by the 
     asylum officer; and
       ``(ii) shall grant the application for withholding of 
     removal under section 241(b)(3) or protection under the 
     Convention Against Torture, as applicable.
       ``(C) Affirmation of order of removal.--In the case of a 
     determination by the Protection Appellate Board that the 
     petition for review of a protection merits interview does not 
     warrant approval, the Protection Appellate Board shall affirm 
     the denial of such application and the order of removal shall 
     become final.
       ``(D) Notification.--Upon making a determination with 
     respect to a review under this subsection, the Protection 
     Appellate Board shall expeditiously provide notice of the 
     determination to the alien and, as applicable, to the alien's 
     counsel of record.
       ``(8) Motion to reopen or motion to reconsider.--
       ``(A) Motion to reopen.--A motion to reopen a review 
     conducted by the Protection Appellate Board shall state new 
     facts and shall be supported by documentary evidence. The 
     resubmission of previously provided evidence or reassertion 
     of previously stated facts shall not be sufficient to meet 
     the requirements of a motion to reopen under this 
     subparagraph. An alien with a pending motion to reopen may be 
     removed if the alien's order of removal is final, pending a 
     decision on a motion to reopen.
       ``(B) Motion to reconsider.--
       ``(i) In general.--A motion to reconsider a decision of the 
     Protection Appellate Board--

       ``(I) shall establish that--

       ``(aa) the Protection Appellate Board based its decision on 
     an incorrect application of law or policy; and
       ``(bb) the decision was incorrect based on the evidence in 
     the record of proceedings at the time of the decision; and

       ``(II) shall be filed not later than 30 days after the date 
     on which the decision was issued.

       ``(ii) Limitation.--The Protection Appellate Board shall 
     not consider new facts or evidence submitted in support of a 
     motion to reconsider.
       ``(f) Order of Removal.--
       ``(1) In general.--The Secretary--
       ``(A) shall have exclusive and final jurisdiction over the 
     denial of an application for relief or protection under this 
     section; and
       ``(B) may remove an alien to a country where the alien is a 
     subject, national, or citizen, or in the case of an alien 
     having no nationality, the country of the alien's last 
     habitual residence, or in accordance with the processes 
     established under section 241, unless removing the alien to 
     such country would be prejudicial to the interests of the 
     United States.
       ``(2) Detention; removal.--The terms and conditions under 
     section 241 shall apply to the detention and removal of 
     aliens ordered removed from the United States under this 
     section.
       ``(g) Limitation on Judicial Review.--
       ``(1) Denials of protection.--Except for review of 
     constitutional claims, no court

[[Page S774]]

     shall have jurisdiction to review a decision issued by U.S. 
     Citizenship and Immigration Services under this section 
     denying an alien's application for asylum under section 208, 
     withholding of removal under section 241(b)(3), or protection 
     under the Convention Against Torture.
       ``(2) Final removal orders.--No court shall have 
     jurisdiction to review a final order of removal issued under 
     this section.
       ``(h) Rulemaking.--
       ``(1) In general.--The Secretary may promulgate such 
     regulations as are necessary to implement this section in 
     compliance with the requirements of section 553 of title 5, 
     United States Code.
       ``(2) Initial implementation.--Until the date that is 180 
     days after the date of the enactment of this section, the 
     Secretary may issue any interim final rules necessary to 
     implement this section without having to satisfy the 
     requirements of section 553(b)(B) of title 5, United States 
     Code, provided that any such interim final rules shall 
     include a 30-day post promulgation notice and comment period 
     prior to finalization in the Federal Register.
       ``(3) Requirement.--All regulations promulgated to 
     implement this section beginning on the date that is 180 days 
     after the date of the enactment of this section, shall be 
     issued pursuant to the requirements set forth in section 553 
     of title 5, United States Code.
       ``(i) Savings Provisions.--
       ``(1) Detention.--Nothing in this section may be construed 
     to affect the authority of the Secretary to detain an alien 
     who is processed, including for release, under this section 
     if otherwise authorized by law.
       ``(2) Settlement agreements.--Nothing in this section may 
     be construed--
       ``(A) to expand or restrict any settlement agreement in 
     effect on the date of the enactment of this section; or
       ``(B) to abrogate any provision of the stipulated 
     settlement agreement in Reno v. Flores, as filed in the 
     United States District Court for the Central District of 
     California on January 17, 1997 (CV-85-4544-RJK), including 
     all subsequent court decisions, orders, agreements, and 
     stipulations.
       ``(3) Impact on other removal proceedings.--The provisions 
     of this section may not be interpreted to apply to any other 
     form of removal proceedings.
       ``(4) Conversion to removal proceedings under section 
     240.--The asylum officer or immigration officer may refer or 
     place an alien into removal proceedings under section 240 by 
     issuing a notice to appear for the purpose of initiating such 
     proceedings if either such officer determines that--
       ``(A) such proceedings are required in order to permit the 
     alien to seek an immigration benefit for which the alien is 
     legally entitled to apply; and
       ``(B) such application requires such alien to be placed in, 
     or referred to proceedings under section 240 that are not 
     available to such alien under this section.
       ``(j) Family Unity.--In the case of an alien with a minor 
     child in the United States who has been ordered removed 
     pursuant to this section, the Secretary shall ensure that 
     such alien is removed with the minor child, if the alien 
     elects.
       ``(k) Judicial Review.--Notwithstanding any other provision 
     of this Act, judicial review of any decision or action in 
     this section shall be governed only by the United States 
     District Court for the District of Columbia, which shall have 
     sole and original jurisdiction to hear challenges, whether 
     constitutional or otherwise, to the validity of this section 
     or any written policy directive, written policy guideline, 
     written procedure, or the implementation thereof, issued by 
     or under the authority of the Secretary to implement this 
     section.
       ``(l) Definitions.--In this section:
       ``(1) Asylum officer.--The term `asylum officer' has the 
     meaning given such term in section 235(b)(1)(E).
       ``(2) Convention against torture.--The term `Convention 
     Against Torture'--means the United Nations Convention Against 
     Torture and Other Cruel, Inhuman or Degrading Treatment or 
     Punishment, done at New York December 10, 1984, including any 
     implementing regulations.
       ``(3) Director.--The term `Director' means the Director of 
     U.S. Citizenship and Immigration Services.
       ``(4) Exceptional circumstances.--The term `exceptional 
     circumstances' has the meaning given such term in section 
     240(e)(1).
       ``(5) Final order of removal.--The term `final order of 
     removal' means an order of removal made by an asylum officer 
     at the conclusion of a protection determination, and any 
     appeal of such order, as applicable.
       ``(6) Protection appellate board.--The term `Protection 
     Appellate Board' means the Protection Appellate Board 
     established under section 463 of the Homeland Security Act of 
     2002.
       ``(7) Protection determination decision.--The term 
     `protection determination decision' means the service of a 
     negative or positive protection determination outcome.
       ``(8) Secretary.--The term `Secretary' means the Secretary 
     of Homeland Security.''.
       (b) Clerical Amendment.--The table of contents of the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
     amended by inserting after the item relating to section 240C 
     the following:

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

     SEC. 4143. VOLUNTARY DEPARTURE AFTER NONCUSTODIAL PROCESSING; 
                   WITHDRAWAL OF APPLICATION FOR ADMISSION.

       (a) In General.--Chapter 4 of title II of the Immigration 
     and Nationality Act (8 U.S.C. 1221 et seq.), as amended by 
     section 4142(a), is further amended by inserting after 
     section 240D the following:

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

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

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

       ``(a) Withdrawal Authorized.--The Secretary of Homeland 
     Security (referred to in this section as the `Secretary'), in 
     the discretion of the Secretary, may permit any alien for 
     admission to withdraw his or her application--
       ``(1) instead of being placed into removal proceedings 
     under section 235B or 240D; or
       ``(2) at any time before the alien's protection merits 
     interview occurs under section 240D.
       ``(b) Conditions.--An alien's decision to withdraw his or 
     her application for admission under subsection (a) shall be 
     made voluntarily. Permission to withdraw an application for 
     admission may not be granted unless the alien intends and is 
     able to depart the United States within a period determined 
     by the Secretary.
       ``(c) Consequence for Failure to Depart.--An alien who is 
     permitted to withdraw his or her application for admission

[[Page S775]]

     under this section and fails to voluntarily depart the United 
     States within the period specified by the Secretary pursuant 
     to subsection (b) shall be ineligible, during the 5-year 
     period beginning on the last day of such period, to receive 
     any further relief under this section and section 240A.
       ``(d) Family Unity.--In the case of an alien with a minor 
     child in the United States who has been ordered removed after 
     withdrawing an application under this section, the Secretary 
     shall ensure that such alien is removed with the minor child, 
     if the alien elects.
       ``(e) Rule of Construction.--Nothing in this section may be 
     construed to affect any withdrawal requirements in any other 
     section of this Act.''.
       (b) Clerical Amendment.--The table of contents of the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.), as 
     amended by section 4142(b), is further amended by inserting 
     after the item relating to section 240D the following:

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

     SEC. 4144. VOLUNTARY REPATRIATION.

       (a) In General.--Chapter 4 of title II of the Immigration 
     and Nationality Act (8 U.S.C. 1221 et seq.), as amended by 
     section 4143(a), is further amended by inserting after 
     section 240F, the following:

     ``SEC. 240G. VOLUNTARY REPATRIATION.

       ``(a) Establishment.--The Secretary of Homeland Security 
     (referred to in this section as the `Secretary') shall 
     establish a voluntary repatriation program in accordance with 
     the terms and conditions of this section.
       ``(b) Voluntary Repatriation in Lieu of Proceedings.--Under 
     the voluntary repatriation program established under 
     subsection (a), the Secretary may permit an alien to elect, 
     at any time during proceedings under section 235B or before 
     the alien's protection merits determination under section 
     240D(d), voluntary repatriation in lieu of continued 
     proceedings under section 235B or 240D.
       ``(c) Period of Validity.--An alien who elects voluntary 
     repatriation shall depart the United States within a period 
     determined by the Secretary, which may not exceed 120 days.
       ``(d) Procedures.--Consistent with subsection (b), the 
     Secretary may permit an alien to elect voluntary repatriation 
     if the asylum officer--
       ``(1) enters an order granting voluntary repatriation 
     instead of an order of removal; and
       ``(2) determines that the alien--
       ``(A) has been physically present in the United States 
     immediately preceding the date on which the alien elects 
     voluntary repatriation;
       ``(B) is, and has been, a person of good moral character 
     for the entire period the alien is physically present in the 
     United States;
       ``(C) is not described in paragraph (2)(A)(iii) or (4) of 
     section 237(a);
       ``(D) meets the applicable income requirements, as 
     determined by the Secretary; and
       ``(E) has not previously elected voluntary repatriation.
       ``(e) Minimum Requirements.--
       ``(1) Notice.--The notices required to be provided to an 
     alien under sections 235B(b)(2) and 240D(c)(1) shall include 
     information on the voluntary repatriation program.
       ``(2) Verbal requirements.--The asylum officer shall 
     verbally provide the alien with information about the 
     opportunity to elect voluntary repatriation--
       ``(A) at the beginning of a protection determination under 
     section 235B(c)(2); and
       ``(B) at the beginning of the protection merits interview 
     under section 240D(b)(3).
       ``(3) Written request.--An alien subject to section 235B or 
     240D--
       ``(A) may elect voluntary repatriation at any time during 
     proceedings under 235B or before the protection merits 
     determination under section 240D(d); and
       ``(B) may only elect voluntary repatriation--
       ``(i) knowingly and voluntarily; and
       ``(ii) in a written format, to the maximum extent 
     practicable, in the alien's native language or in a language 
     the alien understands, or in an alternative record if the 
     alien is unable to write.
       ``(f) Repatriation.--The Secretary is authorized to provide 
     transportation to aliens, including on commercial flights, if 
     such aliens elect voluntary repatriation.
       ``(g) Reintegration.--Upon election of voluntary 
     repatriation, the Secretary shall advise the alien of any 
     applicable reintegration or reception program available in 
     the alien's country of nationality.
       ``(h) Family Unity.--In the case of an alien with a minor 
     child in the United States who has been permitted to 
     voluntarily repatriate pursuant to this section, the 
     Secretary shall ensure that such alien is repatriated with 
     the minor child, if the alien elects.
       ``(i) Immigration Consequences.--
       ``(1) Election timing.--In the case of an alien who elects 
     voluntary repatriation at any time during proceeding under 
     section 235B or before the protection merits interview, a 
     final order of removal shall not be entered against the 
     alien.
       ``(2) Failure to timely depart.--In the case of an alien 
     who elects voluntary repatriation and fails to depart the 
     United States before the end of the period of validity under 
     subsection (c)--
       ``(A) the alien shall be subject to a civil penalty in an 
     amount equal to the cost of the commercial flight or the 
     ticket, or tickets, to the country of nationality;
       ``(B) during the 10-year period beginning on the date on 
     which the period of validity under subsection (c) ends, the 
     alien shall be ineligible for relief under--
       ``(i) this section;
       ``(ii) section 240A; and
       ``(iii) section 240E; and
       ``(C) a final order of removal shall be entered against the 
     alien.
       ``(3) Exceptions.--Paragraph (2) shall not apply to a child 
     of an adult alien who elected voluntary repatriation.
       ``(j) Clerical Matters.--
       ``(1) Rule of construction.--Nothing in this section may be 
     construed to affect any voluntary departure under any other 
     section of this Act.
       ``(2) Savings clause.--Nothing in this section may be 
     construed to supersede the requirements of section 241(b)(3).
       ``(3) Judicial review.--No court shall have jurisdiction of 
     the Secretary's decision, in the Secretary's sole discretion, 
     to permit an alien to elect voluntary repatriation. No court 
     may order a stay of an alien's removal pending consideration 
     of any claim with respect to voluntary repatriation.
       ``(4) Appropriations.--There are authorized to be 
     appropriated to the Secretary such sums as necessary to carry 
     out this section.
       ``(k) Voluntary Repatriation Defined.--The term `voluntary 
     repatriation' means the free and voluntary return of an alien 
     to the alien's country of nationality (or in the case of an 
     alien having no nationality, the country of the alien's last 
     habitual residence) in a safe and dignified manner, 
     consistent with the obligations of the United States under 
     the Convention Relating to the Status of Refugees, done at 
     Geneva July 28, 1952 (as made applicable by the1967 Protocol 
     Relating to the Status of Refugees, done at New York January 
     31, 1967 (19 UST 6223)).''.
       (b) Clerical Amendment.--The table of contents of the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.), as 
     amended by section 4143(b), is further amended by inserting 
     after the item relating to section 240F the following:

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

     SEC. 4145. IMMIGRATION EXAMINATIONS FEE ACCOUNT.

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

     SEC. 4146. BORDER REFORMS.

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

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

       ``(a) In General.--An alien described in section 235 or 
     235B who arrives by land from a contiguous continental land 
     border (whether or not at a designated port of arrival), 
     absent unusual circumstances, shall be promptly subjected to 
     the mandatory provisions of such sections unless the 
     Secretary of Homeland Security (referred to in this section 
     as the `Secretary')determines, on a case-by-case basis, that 
     there is--
       ``(1) an exigent medical circumstance involving the alien 
     that requires the alien's physical presence in the United 
     States;
       ``(2) a significant law enforcement or intelligence purpose 
     warranting the alien's presence in the United States;
       ``(3) an urgent humanitarian reason directly pertaining to 
     the individual alien, according to specific criteria 
     determined by the Secretary;
       ``(4) a Tribal religious ceremony, cultural exchange, 
     celebration, subsistence use, or other culturally important 
     purpose warranting the alien's presence in the United States 
     on Tribal land located at or near an international land 
     border;
       ``(5) an accompanying alien whose presence in the United 
     States is necessary for the alien who meets the criteria 
     described in any of the paragraphs (1) through (4) to further 
     the purposes of such provisions; or
       ``(6) an alien who, while in the United States, had an 
     emergent personal or bona fide reason to travel temporarily 
     abroad and received approval for Advance Parole from the 
     Secretary.
       ``(b) Rules of Construction.--Nothing in this section may 
     be construed--
       ``(1) to preclude the execution of section 235(a)(4) or 
     241(a)(5);
       ``(2) to expand or restrict the authority to grant parole 
     under section 212(d)(5), including for aliens arriving at a 
     port of entry by air or sea, other than an alien arriving by 
     land at a contiguous continental land border for whom a 
     special rule described in subsection (a) applies; or
       ``(3) to refer to or place an alien in removal proceedings 
     pursuant to section 240, or in any other proceedings, if such 
     referral is not otherwise authorized under this Act.
       ``(c) Transition Rules.--

[[Page S776]]

       ``(1) Mandatory processing.--Beginning on the date that is 
     90 days after the date of the enactment of this section, the 
     Secretary shall require any alien described in subsection (a) 
     who does not meet any of the criteria described in paragraphs 
     (1) through (6) of that subsection to be processed in 
     accordance with section 235 or 235B, as applicable, unless 
     such alien is subject to removal proceedings under subsection 
     (b)(3).
       ``(2) Pre-certification referrals and placements.--Before 
     the Comptroller General of the United States has certified 
     that sections 235B and 240D are fully operational pursuant to 
     section 4146(d) of the Border Act, the Secretary shall refer 
     or place aliens described in subsection (a) in proceedings 
     under section 240 based upon operational considerations 
     regarding the capacity of the Secretary to process aliens 
     under section 235 or section 235B, as applicable.
       ``(3) Post-certification referrals and placements.--After 
     the Comptroller General makes the certification referred to 
     in paragraph (2), the Secretary may only refer aliens 
     described in subsection (a) to, or place such aliens in, 
     proceedings under section 235(b) or 235B, as applicable, 
     unless such alien is subject to removal proceedings under 
     subsection (b)(3).''.
       (2) Clerical amendment.--The table of contents of the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
     amended by inserting after the item relating to section 244 
     the following:

``Sec. 244A. Special rules for contiguous continental land borders.''.
       (b) Modification of Authority to Arrest, Detain, and 
     Release Aliens.--
       (1) In general.--Section 236(a)(2) of the Immigration and 
     Nationality Act (8 U.S.C. 1226(a)(2)) is amended--
       (A) in the matter preceding subparagraph (A), by striking 
     ``on'';
       (B) in subparagraph (A), by inserting ``on'' before 
     ``bond''; and
       (C) by amending subparagraph (B) to read as follows:
       ``(B)(i) in the case of an alien encountered in the 
     interior, on conditional parole; or
       ``(ii) in the case of an alien encountered at the border--
       ``(I) pursuant to the procedures under 235B; or
       ``(II) on the alien's own recognizance with placement into 
     removal proceedings under 240; and''.
       (2) Effective date.--The amendments made by paragraph (1) 
     shall take effect immediately after the Comptroller General 
     of the United States certifies, in accordance with subsection 
     (d), that sections 235B and 240D of the Immigration and 
     Nationality Act, as added by sections 3141 and 3142, are 
     fully operational.
       (c) Reporting Requirement.--
       (1) In general.--Section 236 of the Immigration and 
     Nationality Act (8 U.S.C. 1226) is amended by adding at the 
     end the following:
       ``(f) Semiannual Report.--
       ``(1) In general.--Not later than 180 days after the date 
     on which the Comptroller General makes the certification 
     described in section 4146(d) of the Border Act, and every 180 
     days thereafter, the Secretary of Homeland Security shall 
     publish, on a publicly accessible internet website in a 
     downloadable and searchable format, a report that describes 
     each use of the authority of the Secretary under subsection 
     (a)(2)(B)(ii)(II).
       ``(2) Elements.--Each report required by paragraph (1) 
     shall include, for the applicable 180-day reporting period--
       ``(A) the number of aliens released pursuant to the 
     authority of the Secretary of Homeland Security under 
     subsection (a)(2)(B)(ii)(II);
       ``(B) with respect to each such release--
       ``(i) the rationale;
       ``(ii) the Border Patrol sector in which the release 
     occurred; and
       ``(iii) the number of days between the scheduled date of 
     the protection determination and the date of release from 
     physical custody.
       ``(3) Privacy protection.--Each report published under 
     paragraph (1)--
       ``(A) shall comply with all applicable Federal privacy 
     laws; and
       ``(B) shall not disclose any information contained in, or 
     pertaining to, a protection determination.''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall take effect immediately after the Comptroller General 
     of the United States certifies, in accordance with subsection 
     (d), that sections 235B and 240D of the Immigration and 
     Nationality Act, as added by sections 3141 and 3142, are 
     fully operational.
       (d) Certification Process.--
       (1) Definitions.--In this subsection:
       (A) Fully operational.--The term ``fully operational'' 
     means the Secretary has the necessary resources, 
     capabilities, and personnel to process all arriving aliens 
     referred to in sections 235B and 240D of the Immigration and 
     Nationality Act, as added by sections 3141 and 3142, within 
     the timeframes required by such sections.
       (B) Required parties.--The term ``required parties'' 
     means--
       (i) the President;
       (ii) the Secretary;
       (iii) the Attorney General;
       (iv) the Director of the Office of Management and Budget;
       (v) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (vi) the Committee on the Judiciary of the Senate;
       (vii) the Committee on Appropriations of the Senate;
       (viii) the Committee on Homeland Security of the House of 
     Representatives;
       (ix) the Committee on the Judiciary of the House of 
     Representatives; and
       (x) the Committee on Appropriations of the House of 
     Representatives.
       (2) Review.--
       (A) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall review the implementation of sections 
     235B and 240D of the Immigration and Nationality Act, as 
     added by sections 3141 and 3142, to determine whether such 
     sections are fully operational.
       (B) Review elements.--In completing the review required 
     under subparagraph (A), the Comptroller General shall assess, 
     in comparison to the available resources, capabilities, and 
     personnel on the date of the enactment of this Act, whether 
     there are sufficient--
       (i) properly trained personnel, including support 
     personnel;
       (ii) real property assets and other required capabilities;
       (iii) information technology infrastructure;
       (iv) field manuals and guidance, regulations, and policies;
       (v) other investments that the Comptroller General 
     considers necessary; and
       (vi) asylum officers to effectively process all aliens who 
     are considered amenable for processing under section 235(b), 
     section 235B, section 240, and section 240D of the 
     Immigration and Nationality Act.
       (3) Certification of full implementation.--If the 
     Comptroller General determines, after completing the review 
     required under paragraph (2), that sections 235B and 240D of 
     the Immigration and Nationality Act are fully operational, 
     the Comptroller General shall immediately submit to the 
     required parties a certification of such determination.
       (4) Noncertification and subsequent reviews.--If the 
     Comptroller General determines, after completing the review 
     required under paragraph (2), that such sections 235B and 
     240D are not fully operational, the Comptroller General 
     shall--
       (A) notify the required parties of such determination, 
     including the reasons for such determination;
       (B) conduct a subsequent review in accordance with 
     paragraph (2)(A) not later than 180 days after each previous 
     review that concluded that such sections 235B and 240D were 
     not fully operational; and
       (C) conduct a subsequent review not later than 90 days 
     after each time Congress appropriates additional funding to 
     fully implement such sections 235B and 240D.
       (5) Determination of the secretary.--Not later than 7 days 
     after receiving a certification described in paragraph (3), 
     the Secretary shall confirm or reject the certification of 
     the Comptroller General.
       (6) Effect of rejection.--
       (A) Notification.--If the Secretary rejects a certification 
     of the of the Comptroller General pursuant to paragraph (A), 
     the Secretary shall immediately--
       (i) notify the President, the Comptroller General, and the 
     congressional committees listed in paragraph (1) of such 
     rejection; and
       (ii) provide such entities with a rationale for such 
     rejection.
       (B) Subsequent reviews.--If the Comptroller General 
     receives a notification of rejection from the Secretary 
     pursuant to subparagraph (A), the Comptroller General shall 
     conduct a subsequent review in accordance with paragraph 
     (4)(B).

     SEC. 4147. PROTECTION APPELLATE BOARD.

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

     ``SEC. 463. PROTECTION APPELLATE BOARD.

       ``(a) Establishment.--The Secretary shall establish within 
     the U.S. Citizenship and Immigration Services an appellate 
     authority to conduct administrative appellate reviews of 
     protection merits determinations made under section 240D of 
     the Immigration and Nationality Act in which the alien is 
     denied relief or protection, to be known as the `Protection 
     Appellate Board'.
       ``(b) Composition.--Each panel of the Protection Appellate 
     Board shall be composed of 3 U.S. Citizenship and Immigration 
     Services asylum officers (as defined in section 235(b)(1)(E) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1225(b)(1)(E))), assigned to the panel at random, who--
       ``(1) possess the necessary experience adjudicating asylum 
     claims; and
       ``(2) are from diverse geographic regions.
       ``(c) Duties of Asylum Officers.--In conducting a review 
     under section 240D(e) of the Immigration and Nationality Act, 
     each asylum officer assigned to a panel of the Protection 
     Appellate Board shall independently review the file of the 
     alien concerned, including--
       ``(1) the record of the alien's protection determination 
     (as defined in section 101(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a))), as applicable;
       ``(2) the alien's application for a protection merits 
     interview (as defined in section 240D(l) of that Act);
       ``(3) a transcript of the alien's protection merits 
     interview;
       ``(4) the final record of the alien's protection merits 
     interview;
       ``(5) a sworn statement from the alien identifying new 
     evidence or alleged error and any

[[Page S777]]

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

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

                TITLE II--ASYLUM PROCESSING ENHANCEMENTS

     SEC. 4201. COMBINED SCREENINGS.

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

     SEC. 4202. CREDIBLE FEAR STANDARD AND ASYLUM BARS AT 
                   SCREENING INTERVIEW.

       Section 235(b)(1)(B) of the Immigration and Nationality Act 
     (8 U.S.C. 1225(b)(1)(B)) is amended--
       (1) in clause (v), by striking ``significant possibility'' 
     and inserting ``reasonable possibility''; and
       (2) by adding at the end, the following:
       ``(vi) Asylum exceptions.--An asylum officer, during the 
     credible fear screening of an alien--

       ``(I) shall determine whether any of the asylum exceptions 
     under section 208(b)(2) disqualify the alien from receiving 
     asylum; and
       ``(II) may determine that the alien does not meet the 
     definition of credible fear of persecution under clause (v) 
     if any such exceptions apply, including whether any such 
     exemptions to such disqualifying exceptions may apply.''.

     SEC. 4203. INTERNAL RELOCATION.

       (a) In General.--Section 208(b)(2)(A) of the Immigration 
     and Nationality Act (8 U.S.C. 1158(b)(2)(A)) is amended--
       (1) in clause (v), by striking ``or'' at the end;
       (2) in clause (vi), by striking the period at the end and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(vii) there are reasonable grounds for concluding that 
     the alien could avoid persecution by relocating to--

       ``(I) another location in the alien's country of 
     nationality; or
       ``(II) in the case of an alien having no nationality, 
     another location in the alien's country of last habitual 
     residence.''.

       (b) Inapplicability.--Section 244(c)(2)(B)(ii) of the 
     Immigration and Nationality Act (8 U.S.C. 1254a(c)(2)(B)(ii)) 
     is amended by inserting ``clauses (i) through (vi) of'' after 
     ``described in''.

     SEC. 4204. ASYLUM OFFICER CLARIFICATION.

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

                      TITLE III--SECURING AMERICA

                 Subtitle A--Border Emergency Authority

     SEC. 4301. BORDER EMERGENCY AUTHORITY.

       (a) In General.--Chapter 4 of title II of the Immigration 
     and Nationality Act (8 U.S.C. 1221 et seq.), as amended by 
     section 4146(a), is further amended by adding at the end the 
     following:

     ``SEC. 244B. BORDER EMERGENCY AUTHORITY.

       ``(a) Use of Authority.--
       ``(1) In general.--In order to respond to extraordinary 
     migration circumstances, there shall be available to the 
     Secretary, notwithstanding any other provision of law, a 
     border emergency authority.
       ``(2) Exceptions.--The border emergency authority shall not 
     be activated with respect to any of the following:
       ``(A) A citizen or national of the United States.
       ``(B) An alien who is lawfully admitted for permanent 
     residence.
       ``(C) An unaccompanied alien child.
       ``(D) An alien who an immigration officer determines, with 
     the approval of a supervisory immigration officer, should be 
     excepted from the border emergency authority based on the 
     totality of the circumstances, including consideration of 
     significant law enforcement, officer and public safety, 
     humanitarian, and public health interests, or an alien who an 
     immigration officer determines, in consultation with U.S. 
     Immigration and Customs Enforcement, should be excepted from 
     the border emergency authority due to operational 
     considerations.
       ``(E) An alien who is determined to be a victim of a severe 
     form of trafficking in persons (as defined in section 103 of 
     the Trafficking Victims Protection Act of 2000 (22 U.S.C. 
     7102)).
       ``(F) An alien who has a valid visa or other lawful 
     permission to enter the United States, including--
       ``(i) a member of the Armed Forces of the United States and 
     associated personnel, United States Government employees or 
     contractors on orders abroad, or United States Government 
     employees or contractors, and an accompanying family member 
     who is on orders or is a member of the alien's household, 
     subject to required assurances;
       ``(ii) an alien who holds a valid travel document upon 
     arrival at a port of entry;
       ``(iii) an alien from a visa waiver program country under 
     section 217 who is not otherwise subject to travel 
     restrictions and who arrives at a port of entry; or
       ``(iv) an alien who presents at a port of entry pursuant to 
     a process approved by the Secretary to allow for safe and 
     orderly entry into the United States.
       ``(3) Applicability.--The border emergency authority shall 
     only be activated as to aliens who are not subject to an 
     exception under paragraph (2), and who are, after the 
     authority is activated, within 100 miles of the United States 
     southwest land border and within the 14-day period after 
     entry.
       ``(b) Border Emergency Authority Described.--
       ``(1) In general.--Whenever the border emergency authority 
     is activated, the Secretary shall have the authority, in the 
     Secretary's sole and unreviewable discretion, to summarily 
     remove from and prohibit, in whole or in part, entry into the 
     United States of any alien identified in subsection (a)(3) 
     who is subject to such authority in accordance with this 
     subsection.
       ``(2) Terms and conditions.--

[[Page S778]]

       ``(A) Summary removal.--Notwithstanding any other provision 
     of this Act, subject to subparagraph (B), the Secretary shall 
     issue a summary removal order and summarily remove an alien 
     to the country of which the alien is a subject, national, or 
     citizen (or, in the case of an alien having no nationality, 
     the country of the alien's last habitual residence), or in 
     accordance with the processes established under section 241, 
     unless the summary removal of the alien to such country would 
     be prejudicial to the interests of the United States.
       ``(B) Withholding and convention against torture 
     interviews.--
       ``(i) In general.--In the case of an alien subject to the 
     border emergency authority who manifests a fear of 
     persecution or torture with respect to a proposed country of 
     summary removal, an asylum officer (as defined in section 
     235(b)(1)(E)) shall conduct an interview, during which the 
     asylum officer shall determine that, if such alien 
     demonstrates during the interview that the alien has a 
     reasonable possibility of persecution or torture, such alien 
     shall be referred to or placed in proceedings under section 
     240 or 240D, as appropriate.
       ``(ii) Sole mechanism to request protection.--An interview 
     under this subparagraph conducted by an asylum officer shall 
     be the sole mechanism by which an alien described in clause 
     (i) may make a claim for protection under--

       ``(I) section 241(b)(3); and
       ``(II) the Convention Against Torture.

       ``(iii) Alien referred for additional proceedings.--In the 
     case of an alien interviewed under clause (i) who 
     demonstrates that the alien is eligible to apply for 
     protection under section 241(b)(3) or the Convention Against 
     Torture, the alien--

       ``(I) shall not be summarily removed; and
       ``(II) shall instead be processed under section 240 or 
     240D, as appropriate.

       ``(iv) Additional review.--

       ``(I) Opportunity for secondary review.--A supervisory 
     asylum officer shall review any case in which the asylum 
     officer who interviewed the alien under the procedures in 
     clause (iii) finds that the alien is not eligible for 
     protection under section 241(b)(3) or the Convention Against 
     Torture.
       ``(II) Vacatur.--If, in conducting such a secondary review, 
     the supervisory asylum officer determines that the alien 
     demonstrates eligibility for such protection--

       ``(aa) the supervisory asylum officer shall vacate the 
     previous negative determination; and
       ``(bb) the alien shall instead be processed under section 
     240 or 240D.

       ``(III) Summary removal.--If an alien does not seek such a 
     secondary review, or if the supervisory asylum officer finds 
     that such alien is not eligible for such protection, the 
     supervisory asylum officer shall order the alien summarily 
     removed without further review.

       ``(3) Activations of authority.--
       ``(A) Discretionary activation.--The Secretary may activate 
     the border emergency authority if, during a period of 7 
     consecutive calendar days, there is an average of 4,000 or 
     more aliens who are encountered each day.
       ``(B) Mandatory activation.--The Secretary shall activate 
     the border emergency authority if--
       ``(i) during a period of 7 consecutive calendar days, there 
     is an average of 5,000 or more aliens who are encountered 
     each day; or
       ``(ii) on any 1 calendar day, a combined total of 8,500 or 
     more aliens are encountered.
       ``(C) Calculation of activation.--
       ``(i) In general.--For purposes of subparagraphs (A) and 
     (B), the average for the applicable 7-day period shall be 
     calculated using--

       ``(I) the sum of--

       ``(aa) the number of encounters that occur between the 
     southwest land border ports of entry of the United States;
       ``(bb) the number of encounters that occur between the 
     ports of entry along the southern coastal borders; and
       ``(cc) the number of inadmissible aliens encountered at a 
     southwest land border port of entry as described in 
     subsection (a)(2)(F)(iv); divided by

       ``(II) 7.

       ``(ii) Limitation.--Aliens described in subsection 
     (a)(2)(C) from noncontiguous countries shall not be included 
     in calculating the sum of aliens encountered.
       ``(4) Limitations.--
       ``(A) In general.--For purposes of paragraph (3), the 
     Secretary shall not activate the border emergency authority--
       ``(i) during the first calendar year after the effective 
     date, for more than 270 calendar days;
       ``(ii) during the second calendar year after the effective 
     date, for more than 225 days; and
       ``(iii) during the third calendar year, for more than 180 
     calendar days.
       ``(B) Implementation.--When the authority is activated, the 
     Secretary shall implement the authority within 24 hours of 
     such activation.
       ``(5) Suspensions of authority.--The Secretary shall 
     suspend activation of the border emergency authority, and the 
     procedures under subsections (a), (b), (c), and (d), not 
     later than 14 calendar days after the date on which the 
     following occurs, as applicable:
       ``(A) In the case of an activation under subparagraph (A) 
     of paragraph (3), there is during a period of 7 consecutive 
     calendar days an average of less than 75 percent of the 
     encounter level used for activation.
       ``(B) In the case of an activation under clause (i) or (ii) 
     of paragraph (3)(B), there is during a period of 7 
     consecutive calendar days an average of less than 75 percent 
     of the encounter level described in such clause (i).
       ``(6) Waivers of activation of authority.--
       ``(A) First calendar year.--Notwithstanding paragraph (3), 
     beginning the first calendar year after the effective date, 
     the Secretary shall only have the authority to activate the 
     border emergency authority for 270 calendar days during the 
     calendar year, provided that--
       ``(i) for the first 90 calendar days in which any of the 
     requirements of paragraph (3) have been satisfied, the 
     Secretary shall be required to activate such authority;
       ``(ii) for the remaining 180 days that the authority is 
     available in the calendar year, the Secretary may, in the 
     sole, unreviewable, and exclusive discretion of the 
     Secretary, determine whether to activate the requirements of 
     the border emergency authority under paragraph (3)(B) until 
     the number of days that the authority has not been activated 
     is equal to the number of days left in the calendar year; and
       ``(iii) when the number of calendar days remaining in the 
     calendar year is equal to the number of days that the 
     authority has not been activated, the Secretary shall be 
     required to activate the border emergency authority for the 
     remainder of the calendar year on days during which the 
     requirements of paragraph (3)(B) have been satisfied.
       ``(B) Second calendar year.--Notwithstanding paragraph (3), 
     beginning the second calendar year after the effective date, 
     the Secretary shall only have the authority to activate the 
     border emergency authority for 225 calendar days during the 
     calendar year, provided that--
       ``(i) during the first 75 calendar days during which any of 
     the requirements of paragraph (3) have been satisfied, the 
     Secretary shall be required to activate the authority;
       ``(ii) for the remaining 150 days that the authority is 
     available in the calendar year, the Secretary may, in the 
     sole, unreviewable, and exclusive discretion of the 
     Secretary, determine whether to activate the requirements of 
     the border emergency authority under paragraph (3)(B) until 
     the number of days that the authority has not been activated 
     is equal to the number of days left in the calendar year; and
       ``(iii) when the number of calendar days remaining in the 
     calendar year is equal to the number of days that the 
     authority has not been activated, the Secretary shall be 
     required to activate the border emergency authority for the 
     remainder of the calendar year on days during which the 
     requirements of paragraph (3)(B) have been satisfied.
       ``(C) Third calendar year.--Notwithstanding paragraph (3), 
     beginning the third calendar year after the effective date, 
     the Secretary shall only have the authority to activate the 
     border emergency authority for 180 calendar days during the 
     calendar year, provided that--
       ``(i) during the first 60 calendar days during which any of 
     the requirements of paragraph (3) have been satisfied, the 
     Secretary shall be required to activate the authority;
       ``(ii) for the remaining 120 days that the authority is 
     available in each calendar year, the Secretary may, in the 
     sole, unreviewable, and exclusive discretion of the 
     Secretary, determine whether to activate the requirements of 
     the border emergency authority under paragraph (3)(B) until 
     the number of days that the authority has not been activated 
     is equal to the number of days left in the calendar year; and
       ``(iii) when the number of calendar days remaining in the 
     calendar year is equal to the number of days that the 
     authority has not been activated, the Secretary shall be 
     required to activate the border emergency authority for the 
     remainder of the calendar year on days during which the 
     requirements of paragraph (3)(B) have been satisfied.
       ``(7) Emergency suspension of authority.--
       ``(A) In general.--If the President finds that it is in the 
     national interest to temporarily suspend the border emergency 
     authority, the President may direct the Secretary to suspend 
     use of the border emergency authority on an emergency basis.
       ``(B) Duration.--In the case of a direction from the 
     President under subparagraph (A), the Secretary shall suspend 
     the border emergency authority for not more than 45 calendar 
     days within a calendar year, notwithstanding any limitations 
     on the use of the authority described in this subsection.
       ``(c) Continued Access to Southwest Land Border Ports of 
     Entry.--
       ``(1) In general.--During any activation of the border 
     emergency authority under subsection (b), the Secretary shall 
     maintain the capacity to process, and continue processing, 
     under section 235 or 235B a minimum of 1,400 inadmissible 
     aliens each calendar day cumulatively across all southwest 
     land border ports of entry in a safe and orderly process 
     developed by the Secretary.
       ``(2) Special rules.--
       ``(A) Unaccompanied alien children exception.--For the 
     purpose of calculating the number under paragraph (1), the 
     Secretary shall count all unaccompanied alien children, who 
     are nationals of contiguous countries, processed at southwest 
     land border ports of entry, but shall not count such children 
     who are nationals of noncontiguous countries.
       ``(B) Transition rules.--The provisions of section 244A(c) 
     shall apply to this section.

[[Page S779]]

       ``(d) Bar to Admission.--Any alien who, during a period of 
     365 days, has 2 or more summary removals pursuant to the 
     border emergency authority, shall be inadmissible for a 
     period of 1 year beginning on the date of the alien's most 
     recent summary removal.
       ``(e) Savings Provisions.--
       ``(1) Unaccompanied alien children.--Nothing in this 
     section may be construed to interfere with the processing of 
     unaccompanied alien children and such children are not 
     subject to this section.
       ``(2) Settlement agreements.--Nothing in this section may 
     be construed to interfere with any rights or responsibilities 
     established through a settlement agreement in effect before 
     the date of the enactment of this section.
       ``(3) Rule of construction.--For purposes of the Convention 
     Relating to the Status of Refugees, done at Geneva July 28, 
     1952 (as made applicable by the 1967 Protocol Relating to the 
     Status of Refugees, done at New York January 31, 1967 (19 UST 
     6223)), the Convention Against Torture, and any other 
     applicable treaty, as applied to this section, the interview 
     under this section shall occur only in the context of the 
     border emergency authority.
       ``(f) Judicial Review.--Judicial review of any decision or 
     action applying the border emergency authority shall be 
     governed only by this subsection as follows:
       ``(1) Notwithstanding any other provision of law, except as 
     provided in paragraph (2), no court or judge shall have 
     jurisdiction to review any cause or claim by an individual 
     alien arising from the decision to enter a summary removal 
     order against such alien under this section, or removing such 
     alien pursuant to such summary removal order.
       ``(2) The United States District Court for the District of 
     Columbia shall have sole and original jurisdiction to hear 
     challenges, whether constitutional or otherwise, to the 
     validity of this section or any written policy directive, 
     written policy guideline, written procedure, or the 
     implementation thereof, issued by or under the authority of 
     the Secretary to implement this section.
       ``(g) Effective Date.--
       ``(1) In general.--This section shall take effect on the 
     day after the date of the enactment of this section.
       ``(2) 7-day period.--The initial activation of the 
     authority under subparagraph (A) or (B)(i) of subsection 
     (b)(3) shall take into account the average number of 
     encounters during the preceding 7 consecutive calendar days, 
     as described in such subparagraphs, which may include the 6 
     consecutive calendar days immediately preceding the date of 
     the enactment of this section.
       ``(h) Rulemaking.--
       ``(1) In general.--The Secretary may promulgate such 
     regulations as are necessary to implement this section in 
     compliance with the requirements of section 553 of title 5, 
     United States Code.
       ``(2) Initial implementation.--Until the date that is 180 
     days after the date of the enactment of this section, the 
     Secretary may issue any interim final rules necessary to 
     implement this section without having to satisfy the 
     requirements of section 553(b)(B) of title 5, United States 
     Code, provided that any such interim final rules shall 
     include a 30-day post promulgation notice and comment period 
     prior to finalization in the Federal Register.
       ``(3) Requirement.--All regulations promulgated to 
     implement this section beginning on the date that is 180 days 
     after the date of the enactment of this section shall be 
     issued pursuant to the requirements set forth in section 553 
     of title 5, United States Code.
       ``(i) Definitions.--In this section:
       ``(1) Border emergency authority.--The term `border 
     emergency authority' means all authorities and procedures 
     under this section.
       ``(2) Convention against torture.--The term `Convention 
     Against Torture' means the Convention against Torture and 
     Other Cruel, Inhuman or Degrading Treatment or Punishment, 
     done at New York December 10, 1984, and includes the 
     regulations implementing any law enacted pursuant to Article 
     3 of the Convention against Torture and Other Cruel, Inhuman 
     or Degrading Treatment or Punishment, done at New York 
     December 10, 1984.
       ``(3) Encounter.--With respect to an alien, the term 
     `encounter' means an alien who--
       ``(A) is physically apprehended by U.S. Customs and Border 
     Protection personnel--
       ``(i) within 100 miles of the southwest land border of the 
     United States during the 14-day period immediately after 
     entry between ports of entry; or
       ``(ii) at the southern coastal borders during the 14-day 
     period immediately after entry between ports of entry; or
       ``(B) is seeking admission at a southwest land border port 
     of entry and is determined to be inadmissible, including an 
     alien who utilizes a process approved by the Secretary to 
     allow for safe and orderly entry into the United States.
       ``(4) Secretary.--The term `Secretary' means the Secretary 
     of Homeland Security.
       ``(5) Southern coastal borders.--The term `southern coastal 
     borders' means all maritime borders in California, Texas, 
     Louisiana, Mississippi, Alabama, and Florida.
       ``(6) Unaccompanied alien child.--The term `unaccompanied 
     alien child' has the meaning given such term in section 
     462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 
     279(g)(2)).
       ``(j) Sunset.--This section--
       ``(1) shall take effect on the date of the enactment of 
     this section; and
       ``(2) shall be repealed effective as of the date that is 3 
     years after such date of enactment.''.
       (b) Clerical Amendment.--The table of contents of the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.), as 
     amended by section 4146(b), is further amended by inserting 
     after the item relating to section 244A the following:

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

            Subtitle B--Fulfilling Promises to Afghan Allies

     SEC. 4311. DEFINITIONS.

       In this subtitle:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on the Judiciary of the Senate;
       (B) the Committee on Foreign Relations of the Senate;
       (C) the Committee on Armed Services of the Senate;
       (D) the Committee on Appropriations of the Senate;
       (E) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (F) the Committee on the Judiciary of the House of 
     Representatives;
       (G) the Committee on Foreign Affairs of the House of 
     Representatives;
       (H) the Committee on Armed Services of the House of 
     Representatives;
       (I) the Committee on Appropriations of the House of 
     Representatives; and
       (J) the Committee on Homeland Security of the House of 
     Representatives.
       (2) Immigration laws.--The term ``immigration laws'' has 
     the meaning given such term in section 101(a)(17) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (4) Special immigrant status.--The term ``special immigrant 
     status'' means special immigrant status provided under--
       (A) the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 
     note; Public Law 111-8);
       (B) section 1059 of the National Defense Authorization Act 
     for Fiscal Year 2006 (8 U.S.C. 1101 note; Public Law 109-
     163); or
       (C) subparagraph (N) of section 101(a)(27) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(27)), as 
     added by section 4316(a).
       (5) Specified application.--The term ``specified 
     application'' means--
       (A) a pending, documentarily complete application for 
     special immigrant status; and
       (B) a case in processing in the United States Refugee 
     Admissions Program for an individual who has received a 
     Priority 1 or Priority 2 referral to such program.
       (6) United states refugee admissions program.--The term 
     ``United States Refugee Admissions Program'' means the 
     program to resettle refugees in the United States pursuant to 
     the authorities provided in sections 101(a)(42), 207, and 412 
     of the Immigration and Nationality Act (8 U.S.C. 1101(a)(42), 
     1157, and 1522).

     SEC. 4312. SUPPORT FOR AFGHAN ALLIES OUTSIDE THE UNITED 
                   STATES.

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

     SEC. 4313. CONDITIONAL PERMANENT RESIDENT STATUS FOR ELIGIBLE 
                   INDIVIDUALS.

       (a) Definitions.--In this section:
       (1) Conditional permanent resident status.--The term 
     ``conditional permanent resident status'' means conditional 
     permanent resident status under section 216 and 216A of the 
     Immigration and Nationality Act (8 U.S.C. 1186a, 1186b), 
     subject to the provisions of this section.
       (2) Eligible individual.--The term ``eligible individual'' 
     means an alien who--
       (A) is present in the United States;
       (B) is a citizen or national of Afghanistan or, in the case 
     of an alien having no nationality, is a person who last 
     habitually resided in Afghanistan;
       (C) has not been granted permanent resident status;
       (D)(i) was inspected and admitted to the United States on 
     or before the date of the enactment of this Act; or
       (ii) was paroled into the United States during the period 
     beginning on July 30, 2021, and ending on the date of the 
     enactment of this Act, provided that such parole has not been 
     terminated by the Secretary upon written notice; and

[[Page S780]]

       (E) is admissible to the United States as an immigrant 
     under the immigration laws, including eligibility for waivers 
     of grounds of inadmissibility to the extent provided by the 
     immigration laws and subject to the terms of subsection (c) 
     of this section.
       (b) Conditional Permanent Resident Status for Eligible 
     Individuals.--
       (1) Adjustment of status to conditional permanent resident 
     status.--Beginning on the date of the enactment of this Act, 
     the Secretary may--
       (A) adjust the status of each eligible individual to that 
     of an alien lawfully admitted for permanent residence status, 
     subject to the procedures established by the Secretary to 
     determine eligibility for conditional permanent resident 
     status; and
       (B) create for each eligible individual a record of 
     admission to such status as of the date on which the eligible 
     individual was initially inspected and admitted or paroled 
     into the United States, or July 30, 2021, whichever is later,
       unless the Secretary determines, on a case-by-case basis, 
     that such individual is subject to any ground of 
     inadmissibility under section 212 (other than subsection 
     (a)(4)) of the Immigration and Nationality Act (8 U.S.C. 
     1182) and is not eligible for a waiver of such grounds of 
     inadmissibility as provided by this subtitle or by the 
     immigration laws.
       (2) Conditional basis.--An individual who obtains lawful 
     permanent resident status under this section shall be 
     considered, at the time of obtaining the status of an alien 
     lawfully admitted for permanent residence, to have obtained 
     such status on a conditional basis subject to the provisions 
     of this section.
       (c) Conditional Permanent Resident Status Described.--
       (1) Assessment.--
       (A) In general.--Before granting conditional permanent 
     resident status to an eligible individual under subsection 
     (b)(1), the Secretary shall conduct an assessment with 
     respect to the eligible individual, which shall be equivalent 
     in rigor to the assessment conducted with respect to refugees 
     admitted to the United States through the United States 
     Refugee Admissions Program, for the purpose of determining 
     whether the eligible individual is subject to any ground of 
     inadmissibility under section 212 (other than subsection 
     (a)(4)) of the Immigration and Nationality Act (8 U.S.C. 
     1182).
       (B) Consultation.--In conducting an assessment under 
     subparagraph (A), the Secretary may consult with the head of 
     any other relevant agency and review the holdings of any such 
     agency.
       (2) Removal of conditions.--
       (A) In general.--Not earlier than the date described in 
     subparagraph (B), the Secretary may remove the conditional 
     basis of the status of an individual granted conditional 
     permanent resident status under this section unless the 
     Secretary determines, on a case-by-case basis, that such 
     individual is subject to any ground of inadmissibility under 
     paragraph (2) or (3) of section 212(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(a)), and is not eligible for a 
     waiver of such grounds of inadmissibility as provided by this 
     subtitle or by the immigration laws.
       (B) Date described.--The date described in this 
     subparagraph is the earlier of--
       (i) the date that is 4 years after the date on which the 
     individual was admitted or paroled into the United States; or
       (ii) July 1, 2027.
       (C) Waiver.--
       (i) In general.--Except as provided in clause (ii), with 
     respect to an eligible individual, the Secretary may waive 
     the application of the grounds of inadmissibility under 
     212(a) of the Immigration and Nationality Act (8 U.S.C. 
     1182(a)) for humanitarian purposes or to ensure family unity.
       (ii) Exceptions.--The Secretary may not waive under clause 
     (i) the application of subparagraphs (C) through (E) and (G) 
     through (H) of paragraph (2), or paragraph (3), of section 
     212(a) of the Immigration and Nationality Act (8 U.S.C. 
     1182(a)).
       (iii) Rule of construction.--Nothing in this subparagraph 
     may be construed to expand or limit any other waiver 
     authority applicable under the immigration laws to an 
     applicant for adjustment of status.
       (D) Timeline.--Not later than 180 days after the date 
     described in subparagraph (B), the Secretary shall endeavor 
     to remove conditions as to all individuals granted 
     conditional permanent resident status under this section who 
     are eligible for removal of conditions.
       (3) Treatment of conditional basis of status period for 
     purposes of naturalization.--An individual in conditional 
     permanent resident status under this section, or who 
     otherwise meets the requirements under (a)(1) of this 
     section, shall be considered--
       (A) to have been admitted to the United States as an alien 
     lawfully admitted for permanent residence; and
       (B) to be present in the United States as an alien lawfully 
     admitted to the United States for permanent residence, 
     provided that, no alien shall be naturalized unless the 
     alien's conditions have been removed under this section.
       (d) Termination of Conditional Permanent Resident Status.--
       (1) In general.--Conditional permanent resident status 
     shall terminate on, as applicable--
       (A) the date on which the Secretary removes the conditions 
     pursuant to subsection (c)(2), on which date the alien shall 
     be lawfully admitted for permanent residence without 
     conditions;
       (B) the date on which the Secretary determines that the 
     alien was not an eligible individual under subsection (a)(2) 
     as of the date that such conditional permanent resident 
     status was granted, on which date of the Secretary's 
     determination the alien shall no longer be an alien lawfully 
     admitted for permanent residence; or
       (C) the date on which the Secretary determines pursuant to 
     subsection (c)(2) that the alien is not eligible for removal 
     of conditions, on which date the alien shall no longer be an 
     alien lawfully admitted for permanent residence.
       (2) Notification.--If the Secretary terminates status under 
     this subsection, the Secretary shall so notify the individual 
     in writing and state the reasons for the termination.
       (e) Rule of Construction.--Nothing in this section shall be 
     construed to limit the authority of the Secretary at any time 
     to place in removal proceedings under section 240 of the 
     Immigration and Nationality Act (8 U.S.C. 1229a) any alien 
     who has conditional permanent resident status under this 
     section, if the alien is deportable under section 237 of such 
     Act (8 U.S.C. 1227) under a ground of deportability 
     applicable to an alien who has been lawfully admitted for 
     permanent residence.
       (f) Parole Expiration Tolled.--The expiration date of a 
     period of parole shall not apply to an individual under 
     consideration for conditional permanent resident status under 
     this section, until such time as the Secretary has determined 
     whether to issue conditional permanent resident status.
       (g) Periodic Nonadversarial Meetings.--
       (1) In general.--Not later than 180 days after the date on 
     which an individual is conferred conditional permanent 
     resident status under this section, and periodically 
     thereafter, the Office of Refugee Resettlement shall make 
     available opportunities for the individual to participate in 
     a nonadversarial meeting, during which an official of the 
     Office of Refugee Resettlement (or an agency funded by the 
     Office) shall--
       (A) on request by the individual, assist the individual in 
     a referral or application for applicable benefits 
     administered by the Department of Health and Human Services 
     and completing any applicable paperwork; and
       (B) answer any questions regarding eligibility for other 
     benefits administered by the United States Government.
       (2) Notification of requirements.--Not later than 7 days 
     before the date on which a meeting under paragraph (1) is 
     scheduled to occur, the Secretary of Health and Human 
     Services shall provide notice to the individual that includes 
     the date of the scheduled meeting and a description of the 
     process for rescheduling the meeting.
       (3) Conduct of meeting.--The Secretary of Health and Human 
     Services shall implement practices to ensure that--
       (A) meetings under paragraph (1) are conducted in a 
     nonadversarial manner; and
       (B) interpretation and translation services are provided to 
     individuals granted conditional permanent resident status 
     under this section who have limited English proficiency.
       (4) Rules of construction.--Nothing in this subsection 
     shall be construed--
       (A) to prevent an individual from electing to have counsel 
     present during a meeting under paragraph (1); or
       (B) in the event that an individual declines to participate 
     in such a meeting, to affect the individual's conditional 
     permanent resident status under this section or eligibility 
     to have conditions removed in accordance with this section.
       (h) Consideration.--Except with respect to an application 
     for naturalization and the benefits described in subsection 
     (p), an individual in conditional permanent resident status 
     under this section shall be considered to be an alien 
     lawfully admitted for permanent residence for purposes of the 
     adjudication of an application or petition for a benefit or 
     the receipt of a benefit.
       (i) Notification of Requirements.--Not later than 90 days 
     after the date on which the status of an individual is 
     adjusted to that of conditional permanent resident status 
     under this section, the Secretary shall provide notice to 
     such individual with respect to the provisions of this 
     section, including subsection (c)(1) (relating to the conduct 
     of assessments) and subsection (g) (relating to periodic 
     nonadversarial meetings).
       (j) Application for Naturalization.--The Secretary shall 
     establish procedures whereby an individual who would 
     otherwise be eligible to apply for naturalization but for 
     having conditional permanent resident status, may be 
     considered for naturalization coincident with removal of 
     conditions under subsection (c)(2).
       (k) Adjustment of Status Date.--
       (1) In general.--An alien described in paragraph (2) shall 
     be regarded as lawfully admitted for permanent residence as 
     of the date the alien was initially inspected and admitted or 
     paroled into the United States, or July 30, 2021, whichever 
     is later.
       (2) Alien described.--An alien described in this paragraph 
     is an alien who--
       (A) is described in subparagraph (A), (B), or (D) of 
     subsection (a)(2), and whose status was adjusted to that of 
     an alien lawfully admitted for permanent residence on or 
     after July 30, 2021, but on or before the date of the 
     enactment of this Act; or
       (B) is an eligible individual whose status is then adjusted 
     to that of an alien lawfully admitted for permanent residence 
     after the

[[Page S781]]

     date of the enactment of this Act under any provision of the 
     immigration laws other than this section.
       (l) Parents and Legal Guardians of Unaccompanied 
     Children.--A parent or legal guardian of an eligible 
     individual shall be eligible to obtain status as an alien 
     lawfully admitted for permanent residence on a conditional 
     basis if--
       (1) the eligible individual--
       (A) was under 18 years of age on the date on which the 
     eligible individual was granted conditional permanent 
     resident status under this section; and
       (B) was not accompanied by at least one parent or guardian 
     on the date the eligible individual was admitted or paroled 
     into the United States; and
       (2) such parent or legal guardian was admitted or paroled 
     into the United States after the date referred to in 
     paragraph (1)(B).
       (m) Guidance.--
       (1) Interim guidance.--
       (A) In general.--Not later than 120 days after the date of 
     the enactment of this Act, the Secretary shall issue guidance 
     implementing this section.
       (B) Publication.--Notwithstanding section 553 of title 5, 
     United States Code, guidance issued pursuant to subparagraph 
     (A)--
       (i) may be published on the internet website of the 
     Department of Homeland Security; and
       (ii) shall be effective on an interim basis immediately 
     upon such publication but may be subject to change and 
     revision after notice and an opportunity for public comment.
       (2) Final guidance.--
       (A) In general.--Not later than 180 days after the date of 
     issuance of guidance under paragraph (1), the Secretary shall 
     finalize the guidance implementing this section.
       (B) Exemption from the administrative procedures act.--
     Chapter 5 of title 5, United States Code (commonly known as 
     the ``Administrative Procedures Act''), or any other law 
     relating to rulemaking or information collection, shall not 
     apply to the guidance issued under this paragraph.
       (n) Asylum Claims.--
       (1) In general.--With respect to the adjudication of an 
     application for asylum submitted by an eligible individual, 
     section 2502(c) of the Extending Government Funding and 
     Delivering Emergency Assistance Act (8 U.S.C. 1101 note; 
     Public Law 117-43) shall not apply.
       (2) Rule of construction.--Nothing in this section may be 
     construed to prohibit an eligible individual from seeking or 
     receiving asylum under section 208 of the Immigration and 
     Nationality Act (8 U.S.C. 1158).
       (o) Prohibition on Fees.--The Secretary may not charge a 
     fee to any eligible individual in connection with the initial 
     issuance under this section of--
       (1) a document evidencing status as an alien lawfully 
     admitted for permanent residence or conditional permanent 
     resident status; or
       (2) an employment authorization document.
       (p) Eligibility for Benefits.--
       (1) In general.--Notwithstanding any other provision of 
     law--
       (A) an individual described in subsection (a) of section 
     2502 of the Afghanistan Supplemental Appropriations Act, 2022 
     (8 U.S.C. 1101 note; Public Law 117-43) shall retain his or 
     her eligibility for the benefits and services described in 
     subsection (b) of such section if the individual has a 
     pending application, or is granted adjustment of status, 
     under this section; and
       (B) such benefits and services shall remain available to 
     the individual to the same extent and for the same periods of 
     time as such benefits and services are otherwise available to 
     refugees who acquire such status.
       (2) Exception from 5-year limited eligibility for means-
     tested public benefits.--Section 403(b)(1) of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996 (8 U.S.C. 1613(b)(1)) is amended by adding at the end 
     the following:
       ``(F) An alien whose status is adjusted under section 4313 
     of the Border Act to that of an alien lawfully admitted for 
     permanent residence or to that of an alien lawfully admitted 
     for permanent residence on a conditional basis.''.
       (q) Rule of Construction.--Nothing in this section may be 
     construed to preclude an eligible individual from applying 
     for or receiving any immigration benefit to which the 
     individual is otherwise entitled.
       (r) Exemption From Numerical Limitations.--
       (1) In general.--Aliens granted conditional permanent 
     resident status or lawful permanent resident status under 
     this section shall not be subject to the numerical 
     limitations under sections 201, 202, and 203 of the 
     Immigration and Nationality Act (8 U.S.C. 1151, 1152, and 
     1153).
       (2) Spouse and children beneficiaries.--A spouse or child 
     who is the beneficiary of an immigrant petition under section 
     204 of the Immigration and Nationality Act (8 U.S.C. 1154) 
     filed by an alien who has been granted conditional permanent 
     resident status or lawful permanent resident status under 
     this section, seeking classification of the spouse or child 
     under section 203(a)(2)(A) of that Act (8 U.S.C. 
     1153(a)(2)(A)) shall not be subject to the numerical 
     limitations under sections 201, 202, and 203 of the 
     Immigration and Nationality Act (8 U.S.C. 1151, 1152, and 
     1153).
       (s) Effect on Other Applications.--Notwithstanding any 
     other provision of law, in the interest of efficiency, the 
     Secretary may pause consideration of any application or 
     request for an immigration benefit pending adjudication so as 
     to prioritize an application for adjustment of status to an 
     alien lawfully admitted for permanent residence under this 
     section.
       (t) Authorization for Appropriations.--There is authorized 
     to be appropriated to the Attorney General, the Secretary of 
     Health and Human Services, the Secretary, and the Secretary 
     of State such sums as are necessary to carry out this 
     section.

     SEC. 4314. REFUGEE PROCESSES FOR CERTAIN AT-RISK AFGHAN 
                   ALLIES.

       (a) Definition of Afghan Ally.--
       (1) In general.--In this section, the term ``Afghan ally'' 
     means an alien who is a citizen or national of Afghanistan, 
     or in the case of an alien having no nationality, an alien 
     who last habitually resided in Afghanistan, who--
       (A) was--
       (i) a member of--

       (I) the special operations forces of the Afghanistan 
     National Defense and Security Forces;
       (II) the Afghanistan National Army Special Operations 
     Command;
       (III) the Afghan Air Force; or
       (IV) the Special Mission Wing of Afghanistan;

       (ii) a female member of any other entity of the Afghanistan 
     National Defense and Security Forces, including--

       (I) a cadet or instructor at the Afghanistan National 
     Defense University; and
       (II) a civilian employee of the Ministry of Defense or the 
     Ministry of Interior Affairs;

       (iii) an individual associated with former Afghan military 
     and police human intelligence activities, including operators 
     and Department of Defense sources;
       (iv) an individual associated with former Afghan military 
     counterintelligence, counterterrorism, or counternarcotics;
       (v) an individual associated with the former Afghan 
     Ministry of Defense, Ministry of Interior Affairs, or court 
     system, and who was involved in the investigation, 
     prosecution or detention of combatants or members of the 
     Taliban or criminal networks affiliated with the Taliban; or
       (vi) a senior military officer, senior enlisted personnel, 
     or civilian official who served on the staff of the former 
     Ministry of Defense or the former Ministry of Interior 
     Affairs of Afghanistan; or
       (B) provided service to an entity or organization described 
     in subparagraph (A) for not less than 1 year during the 
     period beginning on December 22, 2001, and ending on 
     September 1, 2021, and did so in support of the United States 
     mission in Afghanistan.
       (2) Inclusions.--For purposes of this section, the 
     Afghanistan National Defense and Security Forces includes 
     members of the security forces under the Ministry of Defense 
     and the Ministry of Interior Affairs of the Islamic Republic 
     of Afghanistan, including the Afghanistan National Army, the 
     Afghan Air Force, the Afghanistan National Police, and any 
     other entity designated by the Secretary of Defense as part 
     of the Afghanistan National Defense and Security Forces 
     during the relevant period of service of the applicant 
     concerned.
       (b) Refugee Status for Afghan Allies.--
       (1) Designation as refugees of special humanitarian 
     concern.--Afghan allies shall be considered refugees of 
     special humanitarian concern under section 207 of the 
     Immigration and Nationality Act (8 U.S.C. 1157), until the 
     later of 10 years after the date of enactment of this Act or 
     upon determination by the Secretary of State, in consultation 
     with the Secretary of Defense and the Secretary, that such 
     designation is no longer in the interest of the United 
     States.
       (2) Third country presence not required.--Notwithstanding 
     section 101(a)(42) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(42)), the Secretary of State and the Secretary 
     shall, to the greatest extent possible, conduct remote 
     refugee processing for an Afghan ally located in Afghanistan.
       (c) Afghan Allies Referral Program.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act--
       (A) the Secretary of Defense, in consultation with the 
     Secretary of State, shall establish a process by which an 
     individual may apply to the Secretary of Defense for 
     classification as an Afghan ally and request a referral to 
     the United States Refugee Admissions Program; and
       (B) the head of any appropriate department or agency that 
     conducted operations in Afghanistan during the period 
     beginning on December 22, 2001, and ending on September 1, 
     2021, in consultation with the Secretary of State, may 
     establish a process by which an individual may apply to the 
     head of the appropriate department or agency for 
     classification as an Afghan ally and request a referral to 
     the United States Refugee Admissions Program.
       (2) Application system.--
       (A) In general.--The process established under paragraph 
     (1) shall--
       (i) include the development and maintenance of a secure 
     online portal through which applicants may provide 
     information verifying their status as Afghan allies and 
     upload supporting documentation; and
       (ii) allow--

       (I) an applicant to submit his or her own application;
       (II) a designee of an applicant to submit an application on 
     behalf of the applicant; and

[[Page S782]]

       (III) in the case of an applicant who is outside the United 
     States, the submission of an application regardless of where 
     the applicant is located.

       (B) Use by other agencies.--The Secretary of Defense may 
     enter into arrangements with the head of any other 
     appropriate department or agency so as to allow the 
     application system established under subparagraph (A) to be 
     used by such department or agency.
       (3) Review process.--As soon as practicable after receiving 
     a request for classification and referral described in 
     paragraph (1), the head of the appropriate department or 
     agency shall--
       (A) review--
       (i) the service record of the applicant, if available;
       (ii) if the applicant provides a service record or other 
     supporting documentation, any information that helps verify 
     the service record concerned, including information or an 
     attestation provided by any current or former official of the 
     department or agency who has personal knowledge of the 
     eligibility of the applicant for such classification and 
     referral; and
       (iii) the data holdings of the department or agency and 
     other cooperating interagency partners, including biographic 
     and biometric records, iris scans, fingerprints, voice 
     biometric information, hand geometry biometrics, other 
     identifiable information, and any other information related 
     to the applicant, including relevant derogatory information; 
     and
       (B)(i) in a case in which the head of the department or 
     agency determines that the applicant is an Afghan ally 
     without significant derogatory information, refer the Afghan 
     ally to the United States Refugee Admissions Program as a 
     refugee; and
       (ii) include with such referral--

       (I) any service record concerned, if available;
       (II) if the applicant provides a service record, any 
     information that helps verify the service record concerned; 
     and
       (III) any biometrics for the applicant.

       (4) Review process for denial of request for referral.--
       (A) In general.--In the case of an applicant with respect 
     to whom the head of the appropriate department or agency 
     denies a request for classification and referral based on a 
     determination that the applicant is not an Afghan ally or 
     based on derogatory information--
       (i) the head of the department or agency shall provide the 
     applicant with a written notice of the denial that provides, 
     to the maximum extent practicable, a description of the basis 
     for the denial, including the facts and inferences, or 
     evidentiary gaps, underlying the individual determination; 
     and
       (ii) the applicant shall be provided an opportunity to 
     submit not more than 1 written appeal to the head of the 
     department or agency for each such denial.
       (B) Deadline for appeal.--An appeal under clause (ii) of 
     subparagraph (A) shall be submitted--
       (i) not more than 120 days after the date on which the 
     applicant concerned receives notice under clause (i) of that 
     subparagraph; or
       (ii) on any date thereafter, at the discretion of the head 
     of the appropriate department or agency.
       (C) Request to reopen.--
       (i) In general.--An applicant who receives a denial under 
     subparagraph (A) may submit a request to reopen a request for 
     classification and referral under the process established 
     under paragraph (1) so that the applicant may provide 
     additional information, clarify existing information, or 
     explain any unfavorable information.
       (ii) Limitation.--After considering 1 such request to 
     reopen from an applicant, the head of the appropriate 
     department or agency may deny subsequent requests to reopen 
     submitted by the same applicant.
       (5) Form and content of referral.--To the extent 
     practicable, the head of the appropriate department or agency 
     shall ensure that referrals made under this subsection--
       (A) conform to requirements established by the Secretary of 
     State for form and content; and
       (B) are complete and include sufficient contact 
     information, supporting documentation, and any other material 
     the Secretary of State or the Secretary consider necessary or 
     helpful in determining whether an applicant is entitled to 
     refugee status.
       (6) Termination.--The application process and referral 
     system under this subsection shall terminate upon the later 
     of 1 year before the termination of the designation under 
     subsection (b)(1) or on the date of a joint determination by 
     the Secretary of State and the Secretary of Defense, in 
     consultation with the Secretary, that such termination is in 
     the national interest of the United States.
       (d) General Provisions.--
       (1) Prohibition on fees.--The Secretary, the Secretary of 
     Defense, or the Secretary of State may not charge any fee in 
     connection with a request for a classification and referral 
     as a refugee under this section.
       (2) Defense personnel.--Any limitation in law with respect 
     to the number of personnel within the Office of the Secretary 
     of Defense, the military departments, or a Defense Agency (as 
     defined in section 101(a) of title 10, United States Code) 
     shall not apply to personnel employed for the primary purpose 
     of carrying out this section.
       (3) Representation.--An alien applying for admission to the 
     United States under this section may be represented during 
     the application process, including at relevant interviews and 
     examinations, by an attorney or other accredited 
     representative. Such representation shall not be at the 
     expense of the United States Government.
       (4) Protection of aliens.--The Secretary of State, in 
     consultation with the head of any other appropriate Federal 
     agency, shall make a reasonable effort to provide an alien 
     who has been classified as an Afghan ally and has been 
     referred as a refugee under this section protection or to 
     immediately remove such alien from Afghanistan, if possible.
       (5) Other eligibility for immigrant status.--No alien shall 
     be denied the opportunity to apply for admission under this 
     section solely because the alien qualifies as an immediate 
     relative or is eligible for any other immigrant 
     classification.
       (6) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as necessary for each of fiscal 
     years 2024 through 2034 to carry out this section.
       (e) Rule of Construction.--Nothing in this section may be 
     construed to inhibit the Secretary of State from accepting 
     refugee referrals from any entity.

     SEC. 4315. IMPROVING EFFICIENCY AND OVERSIGHT OF REFUGEE AND 
                   SPECIAL IMMIGRANT PROCESSING.

       (a) Acceptance of Fingerprint Cards and Submissions of 
     Biometrics.--In addition to the methods authorized under the 
     heading relating to the Immigration and Naturalization 
     Service under title I of the Departments of Commerce, 
     Justice, and State, the Judiciary, and Related Agencies 
     Appropriations Act of 1998 (Public Law 105-119, 111 Stat. 
     2448; 8 U.S.C. 1103 note), and other applicable law, and 
     subject to such safeguards as the Secretary, in consultation 
     with the Secretary of State or the Secretary of Defense, as 
     appropriate, shall prescribe to ensure the integrity of the 
     biometric collection (which shall include verification of 
     identity by comparison of such fingerprints with fingerprints 
     taken by or under the direct supervision of the Secretary 
     prior to or at the time of the individual's application for 
     admission to the United States), the Secretary may, in the 
     case of any application for any benefit under the Immigration 
     and Nationality Act (8 U.S.C. 1101 et seq.), accept 
     fingerprint cards or any other submission of biometrics--
       (1) prepared by international or nongovernmental 
     organizations under an appropriate agreement with the 
     Secretary or the Secretary of State;
       (2) prepared by employees or contractors of the Department 
     of Homeland Security or the Department of State; or
       (3) provided by an agency (as defined under section 3502 of 
     title 44, United States Code).
       (b) Staffing.--
       (1) Vetting.--The Secretary of State, the Secretary, the 
     Secretary of Defense, and any other agency authorized to 
     carry out the vetting process under this subtitle, shall each 
     ensure sufficient staffing, and request the resources 
     necessary, to efficiently and adequately carry out the 
     vetting of applicants for--
       (A) referral to the United States Refugee Admissions 
     Program, consistent with the determinations established under 
     section 207 of the Immigration and Nationality Act (8 U.S.C. 
     1157); and
       (B) special immigrant status.
       (2) Refugee resettlement.--The Secretary of Health and 
     Human Services shall ensure sufficient staffing to 
     efficiently provide assistance under chapter 2 of title IV of 
     the Immigration and Nationality Act (8 U.S.C. 1521 et seq.) 
     to refugees resettled in the United States.
       (c) Remote Processing.--Notwithstanding any other provision 
     of law, the Secretary of State and the Secretary shall employ 
     remote processing capabilities for refugee processing under 
     section 207 of the Immigration and Nationality Act (8 U.S.C. 
     1157), including secure digital file transfers, 
     videoconferencing and teleconferencing capabilities, remote 
     review of applications, remote interviews, remote collection 
     of signatures, waiver of the applicant's appearance or 
     signature (other than a final appearance and verification by 
     the oath of the applicant prior to or at the time of the 
     individual's application for admission to the United States), 
     waiver of signature for individuals under 5 years old, and 
     any other capability the Secretary of State and the Secretary 
     consider appropriate, secure, and likely to reduce processing 
     wait times at particular facilities.
       (d) Monthly Arrival Reports.--With respect to monthly 
     reports issued by the Secretary of State relating to United 
     States Refugee Admissions Program arrivals, the Secretary of 
     State shall report--
       (1) the number of monthly admissions of refugees, 
     disaggregated by priorities; and
       (2) the number of Afghan allies admitted as refugees.
       (e) Interagency Task Force on Afghan Ally Strategy.--
       (1) Establishment.--Not later than 180 days after the date 
     of the enactment of this Act, the President shall establish 
     an Interagency Task Force on Afghan Ally Strategy (referred 
     to in this section as the ``Task Force'')--
       (A) to develop and oversee the implementation of the 
     strategy and contingency plan described in subparagraph 
     (A)(i) of paragraph (4); and
       (B) to submit the report, and provide a briefing on the 
     report, as described in subparagraphs (A) and (B) of 
     paragraph (4).
       (2) Membership.--
       (A) In general.--The Task Force shall include--

[[Page S783]]

       (i) 1 or more representatives from each relevant Federal 
     agency, as designated by the head of the applicable relevant 
     Federal agency; and
       (ii) any other Federal Government official designated by 
     the President.
       (B) Relevant federal agency defined.--In this paragraph, 
     the term ``relevant Federal agency'' means--
       (i) the Department of State;
       (ii) the Department Homeland Security;
       (iii) the Department of Defense;
       (iv) the Department of Health and Human Services;
       (v) the Federal Bureau of Investigation; and
       (vi) the Office of the Director of National Intelligence.
       (3) Chair.--The Task Force shall be chaired by the 
     Secretary of State.
       (4) Duties.--
       (A) Report.--
       (i) In general.--Not later than 180 days after the date on 
     which the Task Force is established, the Task Force, acting 
     through the chair of the Task Force, shall submit a report to 
     the appropriate committees of Congress that includes--

       (I) a strategy for facilitating the resettlement of 
     nationals of Afghanistan outside the United States who, 
     during the period beginning on October 1, 2001, and ending on 
     September 1, 2021, directly and personally supported the 
     United States mission in Afghanistan, as determined by the 
     Secretary of State in consultation with the Secretary of 
     Defense; and
       (II) a contingency plan for future emergency operations in 
     foreign countries involving foreign nationals who have worked 
     directly with the United States Government, including the 
     Armed Forces of the United States and United States 
     intelligence agencies.

       (ii) Elements.--The report required under clause (i) shall 
     include--

       (I) the total number of nationals of Afghanistan who have 
     pending specified applications, disaggregated by--

       (aa) such nationals in Afghanistan and such nationals in a 
     third country;
       (bb) type of specified application; and
       (cc) applications that are documentarily complete and 
     applications that are not documentarily complete;

       (II) an estimate of the number of nationals of Afghanistan 
     who may be eligible for special immigrant status;
       (III) with respect to the strategy required under 
     subparagraph (A)(i)(I)--

       (aa) the estimated number of nationals of Afghanistan 
     described in such subparagraph;
       (bb) a description of the process for safely resettling 
     such nationals of Afghanistan;
       (cc) a plan for processing such nationals of Afghanistan 
     for admission to the United States that--
       (AA) discusses the feasibility of remote processing for 
     such nationals of Afghanistan residing in Afghanistan;
       (BB) includes any strategy for facilitating refugee and 
     consular processing for such nationals of Afghanistan in 
     third countries, and the timelines for such processing;
       (CC) includes a plan for conducting rigorous and efficient 
     vetting of all such nationals of Afghanistan for processing;
       (DD) discusses the availability and capacity of sites in 
     third countries to process applications and conduct any 
     required vetting for such nationals of Afghanistan, including 
     the potential to establish additional sites; and
       (EE) includes a plan for providing updates and necessary 
     information to affected individuals and relevant 
     nongovernmental organizations;
       (dd) a description of considerations, including resource 
     constraints, security concerns, missing or inaccurate 
     information, and diplomatic considerations, that limit the 
     ability of the Secretary of State or the Secretary to 
     increase the number of such nationals of Afghanistan who can 
     be safely processed or resettled;
       (ee) an identification of any resource or additional 
     authority necessary to increase the number of such nationals 
     of Afghanistan who can be processed or resettled;
       (ff) an estimate of the cost to fully implement the 
     strategy; and
       (gg) any other matter the Task Force considers relevant to 
     the implementation of the strategy;

       (IV) with respect to the contingency plan required by 
     clause (i)(II)--

       (aa) a description of the standard practices for screening 
     and vetting foreign nationals considered to be eligible for 
     resettlement in the United States, including a strategy for 
     vetting, and maintaining the records of, such foreign 
     nationals who are unable to provide identification documents 
     or biographic details due to emergency circumstances;
       (bb) a strategy for facilitating refugee or consular 
     processing for such foreign nationals in third countries;
       (cc) clear guidance with respect to which Federal agency 
     has the authority and responsibility to coordinate Federal 
     resettlement efforts;
       (dd) a description of any resource or additional authority 
     necessary to coordinate Federal resettlement efforts, 
     including the need for a contingency fund;
       (ee) any other matter the Task Force considers relevant to 
     the implementation of the contingency plan; and

       (V) a strategy for the efficient processing of all Afghan 
     special immigrant visa applications and appeals, including--

       (aa) a review of current staffing levels and needs across 
     all interagency offices and officials engaged in the special 
     immigrant visa process;
       (bb) an analysis of the expected Chief of Mission approvals 
     and denials of applications in the pipeline in order to 
     project the expected number of visas necessary to provide 
     special immigrant status to all approved applicants under 
     this subtitle during the several years after the date of the 
     enactment of this Act;
       (cc) an assessment as to whether adequate guidelines exist 
     for reconsidering or reopening applications for special 
     immigrant visas in appropriate circumstances and consistent 
     with applicable laws; and
       (dd) an assessment of the procedures throughout the special 
     immigrant visa application process, including at the 
     Portsmouth Consular Center, and the effectiveness of 
     communication between the Portsmouth Consular Center and 
     applicants, including an identification of any area in which 
     improvements to the efficiency of such procedures and 
     communication may be made.
       (iii) Form.--The report required under clause (i) shall be 
     submitted in unclassified form but may include a classified 
     annex.
       (B) Briefing.--Not later than 60 days after submitting the 
     report required by clause (i), the Task Force shall brief the 
     appropriate committees of Congress on the contents of the 
     report.
       (5) Termination.--The Task Force shall remain in effect 
     until the later of--
       (A) the date on which the strategy required under paragraph 
     (4)(A)(i)(I) has been fully implemented;
       (B) the date of a determination by the Secretary of State, 
     in consultation with the Secretary of Defense and the 
     Secretary, that a task force is no longer necessary for the 
     implementation of subparagraphs (A) and (B) of paragraph (1); 
     or
       (C) the date that is 10 years after the date of the 
     enactment of this Act.
       (f) Improving Consultation With Congress.--Section 207 of 
     the Immigration and Nationality Act (8 U.S.C. 1157) is 
     amended--
       (1) in subsection (a), by amending paragraph (4) to read as 
     follows:
       ``(4)(A) In the determination made under this subsection 
     for each fiscal year (beginning with fiscal year 1992), the 
     President shall enumerate, with the respective number of 
     refugees so determined, the number of aliens who were granted 
     asylum in the previous year.
       ``(B) In making a determination under paragraph (1), the 
     President shall consider the information in the most recently 
     published projected global resettlement needs report 
     published by the United Nations High Commissioner for 
     Refugees.'';
       (2) in subsection (e), by amending paragraph (2) to read as 
     follows:
       ``(2) A description of the number and allocation of the 
     refugees to be admitted, including the expected allocation by 
     region, and an analysis of the conditions within the 
     countries from which they came.''; and
       (3) by adding at the end the following--
       ``(g) Quarterly Reports on Admissions.--Not later than 30 
     days after the last day of each quarter beginning the fourth 
     quarter of fiscal year 2024, the President shall submit to 
     the Committee on Homeland Security and Governmental Affairs, 
     the Committee on the Judiciary, and the Committee on Foreign 
     Relations of the Senate and the Committee on Homeland 
     Security, the Committee on the Judiciary, and the Committee 
     on Foreign Affairs of the House of Representatives a report 
     that includes the following:
       ``(1) Refugees admitted.--
       ``(A) The number of refugees admitted to the United States 
     during the preceding quarter.
       ``(B) The cumulative number of refugees admitted to the 
     United States during the applicable fiscal year, as of the 
     last day of the preceding quarter.
       ``(C) The number of refugees expected to be admitted to the 
     United States during the remainder of the applicable fiscal 
     year.
       ``(D) The number of refugees from each region admitted to 
     the United States during the preceding quarter.
       ``(2) Aliens with pending security checks.--With respect 
     only to aliens processed under section 101(a)(27)(N), 
     subtitle B of title III of the Border Act, or section 
     602(b)(2)(A)(ii)(II) of the Afghan Allies Protection Act of 
     2009 (8 U.S.C. 1101 note; Public Law 111-8)--
       ``(A) the number of aliens, by nationality, security check, 
     and responsible vetting agency, for whom a National Vetting 
     Center or other security check has been requested during the 
     preceding quarter, and the number of aliens, by nationality, 
     for whom the check was pending beyond 30 days; and
       ``(B) the number of aliens, by nationality, security check, 
     and responsible vetting agency, for whom a National Vetting 
     Center or other security check has been pending for more than 
     180 days.
       ``(3) Circuit rides.--
       ``(A) For the preceding quarter--
       ``(i) the number of Refugee Corps officers deployed on 
     circuit rides and the overall number of Refugee Corps 
     officers;
       ``(ii) the number of individuals interviewed--

       ``(I) on each circuit ride; and
       ``(II) at each circuit ride location;

       ``(iii) the number of circuit rides; and
       ``(iv) for each circuit ride, the duration of the circuit 
     ride.
       ``(B) For the subsequent 2 quarters, the number of circuit 
     rides planned.

[[Page S784]]

       ``(4) Processing.--
       ``(A) For refugees admitted to the United States during the 
     preceding quarter, the average number of days between--
       ``(i) the date on which an individual referred to the 
     United States Government as a refugee applicant is 
     interviewed by the Secretary of Homeland Security; and
       ``(ii) the date on which such individual is admitted to the 
     United States.
       ``(B) For refugee applicants interviewed by the Secretary 
     of Homeland Security in the preceding quarter, the approval, 
     denial, recommended approval, recommended denial, and hold 
     rates for the applications for admission of such individuals, 
     disaggregated by nationality.''.

     SEC. 4316. SUPPORT FOR CERTAIN VULNERABLE AFGHANS RELATING TO 
                   EMPLOYMENT BY OR ON BEHALF OF THE UNITED 
                   STATES.

       (a) Special Immigrant Visas for Certain Relatives of 
     Certain Members of the Armed Forces.--
       (1) In general.--Section 101(a)(27) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(27)) is amended--
       (A) in subparagraph (L)(iii), by adding a semicolon at the 
     end;
       (B) in subparagraph (M), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(N) a citizen or national of Afghanistan who is the 
     parent or brother or sister of--
       ``(i) a member of the armed forces (as defined in section 
     101(a) of title 10, United States Code); or
       ``(ii) a veteran (as defined in section 101 of title 38, 
     United States Code).''.
       (2) Numerical limitations.--
       (A) In general.--Subject to subparagraph (C), the total 
     number of principal aliens who may be provided special 
     immigrant visas under subparagraph (N) of section 101(a)(27) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(27)), as added by paragraph (1), may not exceed 2,500 
     each fiscal year.
       (B) Carryover.--If the numerical limitation specified in 
     subparagraph (A) is not reached during a given fiscal year, 
     the numerical limitation specified in such subparagraph for 
     the following fiscal year shall be increased by a number 
     equal to the difference between--
       (i) the numerical limitation specified in subparagraph (A) 
     for the given fiscal year; and
       (ii) the number of principal aliens provided special 
     immigrant visas under subparagraph (N) of section 101(a)(27) 
     of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)) 
     during the given fiscal year.
       (C) Maximum number of visas.--The total number of aliens 
     who may be provided special immigrant visas under 
     subparagraph (N) of section 101(a)(27) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(27)) shall not exceed 
     10,000.
       (D) Duration of authority.--The authority to issue visas 
     under subparagraph (N) of section 101(a)(27) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(27)) 
     shall--
       (i) commence on the date of the enactment of this Act; and
       (ii) terminate on the date on which all such visas are 
     exhausted.
       (b) Certain Afghans Injured or Killed in the Course of 
     Employment.--Section 602(b) of the Afghan Allies Protection 
     Act of 2009 (8 U.S.C. 1101 note; Public Law 111-8) is 
     amended--
       (1) in paragraph (2)(A)--
       (A) by amending clause (ii) to read as follows:
       ``(ii)(I) was or is employed in Afghanistan on or after 
     October 7, 2001, for not less than 1 year--

       ``(aa) by, or on behalf of, the United States Government; 
     or
       ``(bb) by the International Security Assistance Force (or 
     any successor name for such Force) in a capacity that 
     required the alien--

       ``(AA) while traveling off-base with United States military 
     personnel stationed at the International Security Assistance 
     Force (or any successor name for such Force), to serve as an 
     interpreter or translator for such United States military 
     personnel; or
       ``(BB) to perform activities for the United States military 
     personnel stationed at International Security Assistance 
     Force (or any successor name for such Force); or
       ``(II) in the case of an alien who was wounded or seriously 
     injured in connection with employment described in subclause 
     (I), was employed for any period until the date on which such 
     wound or injury occurred, if the wound or injury prevented 
     the alien from continuing such employment;''; and
       (B) in clause (iii), by striking ``clause (ii)'' and 
     inserting ``clause (ii)(I)'';
       (2) in paragraph (13)(A)(i), by striking ``subclause (I) or 
     (II)(bb) of paragraph (2)(A)(ii)'' and inserting ``item (aa) 
     or (bb)(BB) of paragraph (2)(A)(ii)(I)'';
       (3) in paragraph (14)(C), by striking ``paragraph 
     (2)(A)(ii)'' and inserting ``paragraph (2)(A)(ii)(I)''; and
       (4) in paragraph (15), by striking ``paragraph (2)(A)(ii)'' 
     and inserting ``paragraph (2)(A)(ii)(I)''.
       (c) Extension of Special Immigrant Visa Program Under 
     Afghan Allies Protection Act of 2009.--Section 602(b) of the 
     Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note; 
     Public Law 111-8) is amended--
       (1) in paragraph (3)(F)--
       (A) in the subparagraph heading, by striking ``Fiscal years 
     2015 through 2022'' and inserting ``Fiscal years 2015 through 
     2029''; and
       (B) in clause (i), by striking ``December 31, 2024'' and 
     inserting ``December 31, 2029''; and
       (C) in clause (ii), by striking ``December 31, 2024'' and 
     inserting ``December 31, 2029''; and
       (2) in paragraph (13), in the matter preceding subparagraph 
     (A), by striking ``January 31, 2024'' and inserting ``January 
     31, 2030''.
       (d) Authorization of Virtual Interviews.--Section 602(b)(4) 
     of the Afghan Allies Protection Act of 2009 ( 8 U.S.C. 1101 
     note; Public Law 111-8;) is amended by adding at the end the 
     following:
       ``(D) Virtual interviews.--Notwithstanding section 222(e) 
     of the Immigration and Nationality Act (8 U.S.C. 1202(e)), an 
     application for an immigrant visa under this section may be 
     signed by the applicant through a virtual video meeting 
     before a consular officer and verified by the oath of the 
     applicant administered by the consular officer during a 
     virtual video meeting.''.
       (e) Quarterly Reports.--Paragraph (12) of section 602(b) of 
     the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note; 
     Public Law 111-8) is amended is amended to read as follows:
       ``(12) Quarterly reports.--
       ``(A) Report to congress.--Not later than 120 days after 
     the date of enactment of the Border Act and every 90 days 
     thereafter, the Secretary of State and the Secretary of 
     Homeland Security, in consultation with the Secretary of 
     Defense, shall submit to the appropriate committees of 
     Congress a report that includes the following:
       ``(i) For the preceding quarter--

       ``(I) a description of improvements made to the processing 
     of special immigrant visas and refugee processing for 
     citizens and nationals of Afghanistan;
       ``(II) the number of new Afghan referrals to the United 
     States Refugee Admissions Program, disaggregated by referring 
     entity;
       ``(III) the number of interviews of Afghans conducted by 
     U.S. Citizenship and Immigration Services, disaggregated by 
     the country in which such interviews took place;
       ``(IV) the number of approvals and the number of denials of 
     refugee status requests for Afghans;
       ``(V) the number of total admissions to the United States 
     of Afghan refugees;
       ``(VI) number of such admissions, disaggregated by whether 
     the refugees come from within, or outside of, Afghanistan;
       ``(VII) the average processing time for citizens and 
     nationals of Afghanistan who are applicants for referral 
     under section 4314 of the Border Act;
       ``(VIII) the number of such cases processed within such 
     average processing time; and
       ``(IX) the number of denials issued with respect to 
     applications by citizens and nationals of Afghanistan for 
     referrals under section 4314 of the Border Act.

       ``(ii) The number of applications by citizens and nationals 
     of Afghanistan for refugee referrals pending as of the date 
     of submission of the report.
       ``(iii) A description of the efficiency improvements made 
     in the process by which applications for special immigrant 
     visas under this subsection are processed, including 
     information described in clauses (iii) through (viii) of 
     paragraph (11)(B).
       ``(B) Form of report.--Each report required by subparagraph 
     (A) shall be submitted in unclassified form but may contain a 
     classified annex.
       ``(C) Public posting.--The Secretary of State shall publish 
     on the website of the Department of State the unclassified 
     portion of each report submitted under subparagraph (A).''.
       (f) General Provisions.--
       (1) Prohibition on fees.--The Secretary, the Secretary of 
     Defense, or the Secretary of State may not charge any fee in 
     connection with an application for, or issuance of, a special 
     immigrant visa or special immigrant status under--
       (A) section 602 of the Afghan Allies Protection Act of 2009 
     (8 U.S.C. 1101 note; Public Law 111-8);
       (B) section 1059 of the National Defense Authorization Act 
     for Fiscal Year 2006 (8 U.S.C. 1101 note; Public Law 109-
     163); or
       (C) subparagraph (N) of section 101(a)(27) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(27)), as 
     added by subsection (a)(1).
       (2) Defense personnel.--Any limitation in law with respect 
     to the number of personnel within the Office of the Secretary 
     of Defense, the military departments, or a Defense Agency (as 
     defined in section 101(a) of title 10, United States Code) 
     shall not apply to personnel employed for the primary purpose 
     of carrying out this section.
       (3) Protection of aliens.--The Secretary of State, in 
     consultation with the head of any other appropriate Federal 
     agency, shall make a reasonable effort to provide an alien 
     who is seeking status as a special immigrant under 
     subparagraph (N) of section 101(a)(27) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(27)), as added by 
     subsection (a)(1), protection or to immediately remove such 
     alien from Afghanistan, if possible.
       (4) Resettlement support.--A citizen or national of 
     Afghanistan who is admitted to the United States under this 
     section or an amendment made by this section shall be 
     eligible for resettlement assistance, entitlement programs, 
     and other benefits available to refugees admitted under 
     section 207 of the Immigration and Nationality Act (8 U.S.C. 
     1157) to the same extent, and for the same periods of time, 
     as such refugees.

[[Page S785]]

  


     SEC. 4317. SUPPORT FOR ALLIES SEEKING RESETTLEMENT IN THE 
                   UNITED STATES.

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

     SEC. 4318. REPORTING.

       (a) Quarterly Reports.--Beginning on January 1, 2028, not 
     less frequently than quarterly, the Secretary shall submit to 
     the Committee on the Judiciary of the Senate and the 
     Committee on the Judiciary of the House of Representatives a 
     report that includes, for the preceding quarter--
       (1) the number of individuals granted conditional permanent 
     resident status under section 4313, disaggregated by the 
     number of such individuals for whom conditions have been 
     removed;
       (2) the number of individuals granted conditional permanent 
     resident status under section 4313 who have been determined 
     to be ineligible for removal of conditions (and the reasons 
     for such determination); and
       (3) the number of individuals granted conditional permanent 
     resident status under section 4313 for whom no such 
     determination has been made (and the reasons for the lack of 
     such determination).
       (b) Annual Reports.--Not less frequently than annually, the 
     Secretary, in consultation with the Attorney General, shall 
     submit to the appropriate committees of Congress a report 
     that includes for the preceding year, with respect to 
     individuals granted conditional permanent resident status 
     under section 4313--
       (1) the number of such individuals who are placed in 
     removal proceedings under section 240 of the Immigration and 
     Nationality Act (8 U.S.C. 1229a) charged with a ground of 
     deportability under subsection (a)(2) of section 237 of that 
     Act (8 U.S.C. 1227), disaggregated by each applicable ground 
     under that subsection;
       (2) the number of such individuals who are placed in 
     removal proceedings under section 240 of the Immigration and 
     Nationality Act (8 U.S.C. 1229a) charged with a ground of 
     deportability under subsection (a)(3) of section 237 of that 
     Act (8 U.S.C. 1227), disaggregated by each applicable ground 
     under that subsection;
       (3) the number of final orders of removal issued pursuant 
     to proceedings described in paragraphs (1) and (2), 
     disaggregated by each applicable ground of deportability;
       (4) the number of such individuals for whom such 
     proceedings are pending, disaggregated by each applicable 
     ground of deportability; and
       (5) a review of the available options for removal from the 
     United States, including any changes in the feasibility of 
     such options during the preceding year.

                 TITLE IV--PROMOTING LEGAL IMMIGRATION

     SEC. 4401. EMPLOYMENT AUTHORIZATION FOR FIANCES, FIANCEES, 
                   SPOUSES, AND CHILDREN OF UNITED STATES CITIZENS 
                   AND SPECIALTY WORKERS.

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

     SEC. 4402. ADDITIONAL VISAS.

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

     SEC. 4403. CHILDREN OF LONG-TERM VISA HOLDERS.

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

[[Page S786]]

       (3) Employment authorization.--An alien with a pending, 
     nonfrivolous motion under this subsection shall be authorized 
     to engage in employment through the date on which a final 
     administrative decision regarding such motion has been made.

     SEC. 4404. MILITARY NATURALIZATION MODERNIZATION.

       (a) In General.--Chapter 2 of title III of the Immigration 
     and Nationality Act (8 U.S.C. 1421 et seq.) is amended--
       (1) by striking section 328 (8 U.S.C. 1439); and
       (2) in section 329 (8 U.S.C. 1440)--
       (A) by amending the section heading to read as follows: 
     ``naturalization through service in the selected reserve or 
     in active-duty status.--'';
       (B) in subsection (a)--
       (i) in the matter preceding paragraph (1), by striking 
     ``during either'' and all that follows through ``foreign 
     force'';
       (ii) in paragraph (1)--

       (I) by striking ``America Samoa, or Swains Island'' and 
     inserting ``American Samoa, Swains Island, or any of the 
     freely associated States (as defined in section 611(b)(1)(C) 
     of the Individuals with Disabilities Education Act (20 U.S.C. 
     1411(b)(1)(C)),''; and
       (II) by striking ``he'' and inserting ``such person''; and

       (iii) in paragraph (2), by striking ``in an active-duty 
     status, and whether separation from such service was under 
     honorable conditions'' and inserting ``in accordance with 
     subsection (b)(3)''; and
       (C) in subsection (b)--
       (i) in paragraph (1), by striking ``he'' and inserting 
     ``such person''; and
       (ii) in paragraph (3), by striking ``an active-duty 
     status'' and all that follows through ``foreign force, and'' 
     and inserting ``in an active status (as defined in section 
     101(d) of title 10, United States Code), in the Selected 
     Reserve of the Ready Reserve, or on active duty (as defined 
     in such section) and, if separated''.
       (b) Clerical Amendment.--The table of contents for the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
     amended by striking the items relating to sections 328 and 
     329 and inserting the following:

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

     SEC. 4405. TEMPORARY FAMILY VISITS.

       (a) Establishment of New Nonimmigrant Visa Subcategory.--
     Section 101(a)(15)(B) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)(15)(B)) is amended by striking 
     ``temporarily for business or temporarily for pleasure;'' and 
     inserting ``temporarily for--
       ``(i) business;
       ``(ii) pleasure; or
       ``(iii) family purposes;''.
       (b) Requirements Applicable to Family Purposes Visas.--
     Section 214 of the Immigration and Nationality Act (8 U.S.C. 
     1184), as amended by section 4403(b), is further amended by 
     adding at the end the following:
       ``(t) Requirements Applicable to Family Purposes Visas.--
       ``(1) Defined term.--In this subsection and in section 
     101(a)(15)(B)(iii), the term `family purposes' means any 
     visit by a relative for a social, occasional, major life, or 
     religious event, or for any other purpose.
       ``(2) Family purposes visa.--Except as provided in 
     paragraph (3), family travel for pleasure is authorized 
     pursuant to the policies, terms, and conditions in effect on 
     the day before the date of the enactment of the Border Act.
       ``(3) Special rules for family purposes visas for aliens 
     awaiting immigrant visas.--
       ``(A) Notification of approved petition.--A visa may not be 
     issued to a relative under section 101(a)(15)(B)(iii) until 
     after the consular officer is notified that the Secretary of 
     Homeland Security has approved a petition filed in the United 
     States by a family member of the relative who is a United 
     States citizen or lawful permanent resident.
       ``(B) Petition.--A petition referred to in subparagraph (A) 
     shall--
       ``(i) be in such form and contain such information as the 
     Secretary may prescribe by regulation; and
       ``(ii) shall include--

       ``(I) a declaration of financial support, affirming that 
     the petitioner will provide financial support to the relative 
     for the duration of his or her temporary stay in the United 
     States;
       ``(II) evidence that the relative has--

       ``(aa) obtained, for the duration of his or her stay in the 
     United States, a short-term travel medical insurance policy; 
     or
       ``(bb) an existing health insurance policy that provides 
     coverage for international medical expenses; and

       ``(III) a declaration from the relative, under penalty of 
     perjury, affirming the relative's--

       ``(aa) intent to depart the United States at the conclusion 
     of the relative's period of authorized admission; and
       ``(bb) awareness of the penalties for overstaying such 
     period of authorized admission.
       ``(4) Petitioner eligibility.--
       ``(A) In general.--Absent extraordinary circumstances, an 
     individual may not petition for the admission of a relative 
     as a nonimmigrant described in section 101(a)(15)(B)(iii) if 
     such individual previously petitioned for the admission of 
     such a relative who--
       ``(i) was admitted to the United States pursuant to a visa 
     issued under such section as a result of such petition; and
       ``(ii) overstayed his or her period of authorized 
     admission.
       ``(B) Previous petitioners.--
       ``(i) In general.--An individual filing a declaration of 
     financial support on behalf of a relative seeking admission 
     as a nonimmigrant described in section 101(a)(15)(B)(iii) who 
     has previously provided a declaration of financial support 
     for such a relative shall--

       ``(I) certify to the Secretary of Homeland Security that 
     the relative whose admission the individual previously 
     supported did not overstay his or her period of authorized 
     admission; or
       ``(II) explain why the relative's overstay was due to 
     extraordinary circumstances beyond the control of the 
     relative.

       ``(ii) Criminal penalty for false statement.--A 
     certification under clause (i)(I) shall be subject to the 
     requirements under section 1001 of title 18, United States 
     Code.
       ``(C) Waiver.--The Secretary of Homeland Security may waive 
     the application of section 212(a)(9)(B) in the case of a 
     nonimmigrant described in section 101(a)(15)(B)(iii) who 
     overstayed his or her period of authorized admission due to 
     extraordinary circumstances beyond the control of the 
     nonimmigrant.''.
       (c) Restriction on Change of Status.--Section 248(a)(1) of 
     the Immigration and Nationality Act (8 U.S.C. 1258(a)(1)) is 
     amended by inserting ``(B)(iii),'' after ``subparagraph''.
       (d) Family Purpose Visa Eligibility While Awaiting 
     Immigrant Visa.--
       (1) In general.--Notwithstanding section 214(b) of the 
     Immigration and Nationality Act (8 U.S.C. 1184(b)), a 
     nonimmigrant described in section 101(a)(15)(B)(iii) of such 
     Act, as added by subsection (a), who has been classified as 
     an immigrant under section 201 of such Act (8 U.S.C. 1151) 
     and is awaiting the availability of an immigrant visa subject 
     to the numerical limitations under section 203 of such Act (8 
     U.S.C. 1153) may be admitted pursuant to a family purposes 
     visa, in accordance with section 214(t) of such Act, as added 
     by subsection (b), if the individual is otherwise eligible 
     for admission.
       (2) Limitation.--An alien admitted under section 
     101(a)(15)(B)(iii) of the Immigration and Nationality Act, 
     pursuant to section 214(t)(3) of such Act, as added by 
     subsection (b), may not be considered to have been admitted 
     to the United States for purposes of section 245(a) of such 
     Act (8 U.S.C. 1255(a)).
       (e) Rule of Construction.--Nothing in this section, or in 
     the amendments made by this section, may be construed as--
       (1) limiting the authority of immigration officers to 
     refuse to admit to the United States an applicant under 
     section 101(a)(15)(B)(iii) of the Immigration and Nationality 
     Act, as added by subsection (a), who fails to meet 1 or more 
     of the criteria under section 214(t) of such Act, as added by 
     subsection (b), or who is inadmissible under section 212(a) 
     of such Act (8 U.S.C. 1182(a)); or
       (2) precluding the use of section 101(a)(15)(B)(ii) of the 
     Immigration and Nationality Act, as added by subsection (a), 
     for family travel for pleasure in accordance with the 
     policies and procedures in effect on the day before the date 
     of the enactment of this Act.

               TITLE V--SELF-SUFFICIENCY AND DUE PROCESS

                    Subtitle A--Work Authorizations

     SEC. 4501. WORK AUTHORIZATION.

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

     SEC. 4502. EMPLOYMENT ELIGIBILITY.

       (a) In General.--Chapter 4 of title II of the Immigration 
     and Nationality Act (8 U.S.C. 1221 et seq.), as amended by 
     section 4141(a), is further amended by adding at the end the 
     following:

     ``SEC. 235C. EMPLOYMENT ELIGIBILITY.

       ``(a) Expedited Employment Eligibility.--
       ``(1) In general.--The Secretary of Homeland Security shall 
     authorize employment for any alien who--
       ``(A)(i) is processed under the procedures described in 
     section 235(b)(1) and receives a positive protection 
     determination pursuant to such procedures; or
       ``(ii)(I) is processed under the procedures described in 
     section 235B; and
       ``(II)(aa) receives a positive protection determination and 
     is subsequently referred under section 235B(c)(2)(B)(i) for a 
     protection merits interview; or
       ``(bb) is referred under section 235B(f)(1) for a 
     protection merits interview; and
       ``(B) is released from the physical custody of the 
     Secretary of Homeland Security.
       ``(2) Application.--The Secretary of Homeland Security 
     shall grant employment authorization to--
       ``(A) an alien described in paragraph (1)(A)(i) immediately 
     upon such alien's release from physical custody;
       ``(B) an alien described in paragraph (1)(A)(ii)(II)(aa) at 
     the time such alien receives a positive protection 
     determination or

[[Page S787]]

     is referred for a protection merits interview; and
       ``(C) an alien described in paragraph (1)(A)(ii)(II)(bb) on 
     the date that is 30 days after the date on which such alien 
     files an application pursuant to section 235B(f).
       ``(b) Term.--Employment authorization under this section--
       ``(1) shall be for an initial period of 2 years; and
       ``(2) shall be renewable, as applicable--
       ``(A) for additional 2-year periods while the alien is in 
     protection merits removal proceedings, including while the 
     outcome of the protection merits interview is under 
     administrative or judicial review; or
       ``(B) until the date on which--
       ``(i) the alien receives a negative protection merits 
     determination; or
       ``(ii) the alien otherwise receives employment 
     authorization under any other provision of this Act.
       ``(c) Rules of Construction.--
       ``(1) Detention.--Nothing in this section may be construed 
     to expand or restrict the authority of the Secretary of 
     Homeland Security to detain or release from detention an 
     alien, if such detention or release from detention is 
     authorized by law.
       ``(2) Limitation on authority.--The Secretary of Homeland 
     Security may not authorize for employment in the United 
     States an alien being processed under section 235(b)(1) or 
     235B in any circumstance not explicitly described in this 
     section.''.
       (b) Conforming Amendment.--The table of contents for the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
     amended by inserting after the item relating to section 235B, 
     as added by section 4141(b), the following:

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

                   Subtitle B--Protecting Due Process

     SEC. 4511. ACCESS TO COUNSEL.

       (a) In General.--Section 235(b)(1)(B)(iv) of the 
     Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(B)(iv)) 
     is amended to read as follows:
       ``(iv) Information about protection determinations.--

       ``(I) In general.--The Secretary of Homeland Security shall 
     provide an alien with information in plain language regarding 
     protection determinations conducted under this section, 
     including the information described in subclause (II)--

       ``(aa) at the time of the initial processing of the alien; 
     and
       ``(bb) to the maximum extent practicable, in the alien's 
     native language or in a language the alien understands.

       ``(II) Information described.--The information described in 
     this subclause is information relating to--

       ``(aa) the rights and obligations of the alien during a 
     protection determination;
       ``(bb) the process by which a protection determination is 
     conducted;
       ``(cc) the procedures to be followed by the alien in a 
     protection determination; and
       ``(dd) the possible consequences of--
       ``(AA) not complying with the obligations referred to in 
     item (aa); and
       ``(BB) not cooperating with Federal authorities.

       ``(III) Accessibility.--An alien who has a limitation that 
     renders the alien unable to read written materials provided 
     under subclause (I) shall receive an interpretation of such 
     materials in the alien's native language, to the maximum 
     extent practicable, or in a language and format the alien 
     understands.
       ``(IV) Timing of protection determination.--

       ``(aa) In general.--The protection determination of an 
     alien shall not occur earlier than 72 hours after the 
     provision of the information described in subclauses (I) and 
     (II).
       ``(bb) Waiver.--An alien may--
       ``(AA) waive the 72-hour requirement under item (aa) only 
     if the alien knowingly and voluntarily does so, only in a 
     written format or in an alternative record if the alien is 
     unable to write, and only after the alien receives the 
     information required to be provided under subclause (I); and
       ``(BB) consult with an individual of the alien's choosing 
     in accordance with subclause (V) before waiving such 
     requirement.

       ``(V) Consultation.--

       ``(aa) In general.--An alien who is eligible for a 
     protection determination may consult with one or more 
     individuals of the alien's choosing before the screening or 
     interview, or any review of such a screening or interview, in 
     accordance with regulations prescribed by the Secretary of 
     Homeland Security.
       ``(bb) Limitation.--Consultation described in item (aa) 
     shall be at no expense to the Federal Government.
       ``(cc) Participation in interview.--An individual chosen by 
     the alien may participate in the protection determination of 
     the alien conducted under this subparagraph.
       ``(dd) Access.--The Secretary of Homeland Security shall 
     ensure that a detained alien has effective access to the 
     individuals chosen by the alien, which may include physical 
     access, telephonic access, and access by electronic 
     communication.
       ``(ee) Inclusions.--Consultations under this subclause may 
     include--
       ``(AA) consultation with an individual authorized by the 
     Department of Justice through the Recognition and 
     Accreditation Program; and
       ``(BB) consultation with an attorney licensed under 
     applicable law.
       ``(ff) Rules of construction.--Nothing in this subclause 
     may be construed--
       ``(AA) to require the Federal Government to pay for any 
     consultation authorized under item (aa);
       ``(BB) to invalidate or limit the remedies, rights, and 
     procedures of any Federal law that provides protection for 
     the rights of individuals with disabilities; or
       ``(CC) to contravene or limit the obligations under the 
     Vienna Convention on Consular Relations done at Vienna April 
     24, 1963.''.
       (b) Conforming Amendment.--Section 238(a)(2) of the 
     Immigration and Nationality Act (8 U.S.C. 1228(a)(2)) is 
     amended by striking ``make reasonable efforts to ensure that 
     the alien's access to counsel'' and inserting ``ensure that 
     the alien's access to counsel, pursuant to section 
     235(b)(1)(B)(iv),''.

     SEC. 4512. COUNSEL FOR CERTAIN UNACCOMPANIED ALIEN CHILDREN.

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

       ``(I) shall not attach to--

       ``(aa) an unaccompanied alien child after the date on 
     which--
       ``(AA) the removal proceedings of the child under section 
     240 of the Immigration and Nationality Act (8 U.S.C. 1229a) 
     terminate;
       ``(BB) an order of removal with respect to the child 
     becomes final; or
       ``(CC) an immigration benefit is granted to the child; or
       ``(bb) an appeal to a district court or court of appeals of 
     the United States, unless certified by the Secretary as a 
     case of extraordinary importance; and

       ``(II) shall attach to administrative reviews and appeals.

       ``(iv) Implementation.--Not later than 90 days after the 
     date of the enactment of the Border Act, the Secretary of 
     Health and Human Services shall implement this subparagraph
       ``(v) Remedies.--

       ``(I) In general.--For the population described in clause 
     (i) of this subparagraph and subsection (b)(1) of section 292 
     of the Immigration and Nationality Act (8 U.S.C. 1362), 
     declaratory judgment that the unaccompanied alien child has a 
     right to be referred to counsel, including pro-bono counsel, 
     or a continuance of immigration proceedings, shall be the 
     exclusive remedies available, other than for those funds 
     subject to appropriations.
       ``(II) Settlements.--Any settlement under this subparagraph 
     shall be subject to appropriations.''.

     SEC. 4513. COUNSEL FOR CERTAIN INCOMPETENT INDIVIDUALS.

       Section 240 of the Immigration and Nationality Act (8 
     U.S.C. 1229a) is amended--
       (1) by redesignating subsection (e) as subsection (f); and
       (2) by inserting after subsection (d) the following:
       ``(e) Representation for Certain Incompetent Aliens.--
       ``(1) In general.--The immigration judge is authorized to 
     appoint legal counsel or a certified representative 
     accredited through the Department of Justice to represent an 
     alien in removal proceedings if--
       ``(A) pro bono counsel is not available; and
       ``(B) the alien--
       ``(i) is unrepresented;
       ``(ii) was found by an immigration judge to be incompetent 
     to represent themselves; and
       ``(iii) has been placed in or referred to removal 
     proceedings pursuant to this section.
       ``(2) Determination on competence.--
       ``(A) Presumption of competence.--An alien is presumed to 
     be competent to participate in removal proceedings and has 
     the duty to raise the issue of competency. If there are no 
     indicia of incompetency in an alien's case, no further 
     inquiry regarding competency is required.
       ``(B) Decision of the immigration judge.--
       ``(i) In general.--If there are indicia of incompetency, 
     the immigration judge shall

[[Page S788]]

     consider whether there is good cause to believe that the 
     alien lacks sufficient competency to proceed without 
     additional safeguards.
       ``(ii) Incompetency test.--The test for determining whether 
     an alien is incompetent to participate in immigration 
     proceedings, is not malingering, and consequently lacks 
     sufficient capacity to proceed, is whether the alien, not 
     solely on account of illiteracy or language barriers--

       ``(I) lacks a rational and factual understanding of the 
     nature and object of the proceedings;
       ``(II) cannot consult with an available attorney or 
     representative; and
       ``(III) does not have a reasonable opportunity to examine 
     and present evidence and cross-examine witnesses.

       ``(iii) No appeal.--A decision of an immigration judge 
     under this subparagraph may not be appealed administratively 
     and is not subject to judicial review.
       ``(C) Effect of finding of incompetence.--A finding by an 
     immigration judge that an alien is incompetent to represent 
     himself or herself in removal proceedings shall not prejudice 
     the outcome of any proceeding under this section or any 
     finding by the immigration judge with respect to whether the 
     alien is inadmissible under section 212 or removable under 
     section 237.
       ``(3) Quarterly report.--Not later than 90 days after the 
     effective date of a final rule implementing this subsection, 
     and quarterly thereafter, the Director of the Executive 
     Office for Immigration Review shall submit to the appropriate 
     committees of Congress a report that includes--
       ``(A)(i) the number of aliens in proceedings under this 
     section who claimed during the reporting period to be 
     incompetent to represent themselves, disaggregated by 
     immigration court and immigration judge; and
       ``(ii) a description of each reason given for such claims, 
     such as mental disease or mental defect; and
       ``(B)(i) the number of aliens in proceedings under this 
     section found during the reporting period by an immigration 
     judge to be incompetent to represent themselves, 
     disaggregated by immigration court and immigration judge; and
       ``(ii) a description of each reason upon which such 
     findings were based, such as mental disease or mental defect.
       ``(4) Rule of construction.--Nothing in this subsection may 
     be construed--
       ``(A) to require the Secretary of Homeland Security or the 
     Attorney General to analyze whether an alien is incompetent 
     to represent themselves, absent an indicia of incompetency;
       ``(B) to establish a substantive due process right;
       ``(C) to automatically equate a diagnosis of a mental 
     illness to a lack of competency;
       ``(D) to limit the ability of the Attorney General or the 
     immigration judge to prescribe safeguards to protect the 
     rights and privileges of the alien;
       ``(E) to limit any authorized representation program by a 
     State, local, or Tribal government;
       ``(F) to provide any statutory right to representation in 
     any proceeding authorized under this Act, unless such right 
     is already authorized by law; or
       ``(G) to interfere with, create, or expand any right or 
     responsibility established through a court order or 
     settlement agreement in effect before the date of the 
     enactment of the Border Act.
       ``(5) Rulemaking.--The Attorney General is authorized to 
     prescribe regulations to carry out this subsection.''.

     SEC. 4514. CONFORMING AMENDMENT.

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

     ``SEC. 292. RIGHT TO COUNSEL.

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

                  TITLE VI--ACCOUNTABILITY AND METRICS

     SEC. 4601. EMPLOYMENT AUTHORIZATION COMPLIANCE.

       Not later than 1 year and 180 days after the date of the 
     enactment of this Act, and annually thereafter, the Secretary 
     shall submit a report to the appropriate committees of 
     Congress and to the public that describes the actions taken 
     by Secretary pursuant to section 235C of the Immigration and 
     Nationality Act, as added by section 4502, including--
       (1) the number of employment authorization applications 
     granted or denied pursuant to subsection (a)(1) of such 
     section 235C, disaggregated by whether the alien concerned 
     was processed under the procedures described in section 
     235(b)(1) or 235B of such Act;
       (2) the ability of the Secretary to comply with the 
     timelines for provision of work authorization prescribed in 
     subparagraphs (A) through (C) of section 235C(a)(2) of such 
     Act, including whether complying with subparagraphs (A) and 
     (B) of such section 235C(a)(2) has caused delays in the 
     processing of such aliens;
       (3) the number of employment authorizations revoked due to 
     an alien's failure to comply with the requirements under 
     section 235B(f)(5)(B) of the Immigration and Nationality Act, 
     as added by section 4141, or for any other reason, along with 
     the articulated basis; and
       (4) the average time for the revocation of an employment 
     authorization if an alien is authorized to work under section 
     235C of the Immigration and Nationality Act and is 
     subsequently ordered removed.

     SEC. 4602. LEGAL ACCESS IN CUSTODIAL SETTINGS.

       Not later than 180 days after the date of the enactment of 
     this Act, and annually thereafter, the Secretary shall submit 
     a report to the appropriate committees of Congress and to the 
     public regarding alien access to legal representation and 
     consultation in custodial settings, including--
       (1) the total number of aliens who secured or failed to 
     secure legal representation pursuant to section 
     235(b)(1)(B)(iv)(V) of the Immigration and Nationality Act, 
     as added by section 4511, before the protection determination 
     under section 235(b)(1)(B)(i) of such Act, including the 
     disposition of such alien's interview;
       (2) the total number of aliens who waived the 72-hour 
     period pursuant to section 235(b)(1)(B)(iv)(IV)(bb) of such 
     Act, including the disposition of the alien's protection 
     determination pursuant to section 235(b)(1)(B)(i) of such 
     Act;
       (3) the total number of aliens who required a verbal 
     interpretation of the information about screenings and 
     interviews pursuant to section 235(b)(1)(B)(iv) of such Act, 
     disaggregated by the number of aliens who received or did not 
     receive such an interpretation, respectively, pursuant to 
     section 235(b)(1)(B)(iv)(III) of such Act, including the 
     disposition of their respective protection determinations 
     pursuant to section 235(b)(1)(B)(i) of such Act;
       (4) the total number of aliens who received information, 
     either verbally or in writing, in their native language; and
       (5) whether such policies and procedures with respect to 
     access provided in section 235(b)(1)(B)(iv) have been made 
     available publicly.

     SEC. 4603. CREDIBLE FEAR AND PROTECTION DETERMINATIONS.

        Not later than 1 year and 60 days after the date of the 
     enactment of this Act, and annually thereafter, the Director 
     of U.S. Citizenship and Immigration Services shall submit a 
     report to the appropriate committees of Congress and to the 
     public that sets forth--
       (1) the number of aliens who requested or received a 
     protection determination pursuant to section 235(b)(1)(B) of 
     the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(B));
       (2) the number of aliens who requested or received a 
     protection determination pursuant to section 235B(b) of such 
     Act, as added by section 4141;
       (3) the number of aliens described in paragraphs (1) and 
     (2) who are subject to an asylum exception under section 
     235(b)(1)(B)(vi) of such Act, disaggregated by specific 
     asylum exception;
       (4) the number of aliens for whom an asylum officer 
     determined that an alien may be eligible for a waiver under 
     section 235(b)(1)(B)(vi) of such Act and did not apply such 
     asylum exception to such alien;
       (5) the number of aliens described in paragraph (1) or (2) 
     who--
       (A) received a positive screening or determination; or
       (B) received a negative screening or determination;
       (6) the number of aliens described in paragraph (5)(B) who 
     requested reconsideration or appeal of a negative screening 
     and the disposition of such requests;
       (7) the number of aliens described in paragraph (6) who, 
     upon reconsideration--
       (A) received a positive screening or determination, as 
     applicable; or
       (B) received a negative screening or determination, as 
     applicable;
       (8) the number of aliens described in paragraph (5)(B) who 
     appealed a decision subsequent to a request for 
     reconsideration;
       (9) the number of aliens described in paragraph (5)(B) who, 
     upon appeal of a decision, disaggregated by whether or not 
     such alien requested reconsideration of a negative 
     screening--
       (A) received a positive screening or determination, as 
     applicable; or
       (B) received negative screening or determination, as 
     applicable; and
       (10) the number of aliens who withdraw their application 
     for admission, including--
       (A) whether such alien could read or write;
       (B) whether the withdrawal occurred in the alien's native 
     language;
       (C) the age of such alien; and
       (D) the Federal agency or component that processed such 
     withdrawal.

     SEC. 4604. PUBLICATION OF OPERATIONAL STATISTICS BY U.S. 
                   CUSTOMS AND BORDER PROTECTION.

       (a) In General.--Beginning in the second calendar month 
     beginning after the date of the enactment of this Act, the 
     Commissioner

[[Page S789]]

     for U.S. Customs and Border Protection shall publish, not 
     later than the seventh day of each month, on a publicly 
     available website of the Department, information from the 
     previous month relating to--
       (1) the number of alien encounters, disaggregated by--
       (A) whether such aliens are admissible or inadmissible, 
     including the basis for such determinations;
       (B) the U.S. Border Patrol sector and U.S. Customs and 
     Border Protection field office that recorded the encounter;
       (C) any outcomes recorded in the terrorist screening 
     database (as such term is defined in section 2101 of the 
     Homeland Security Act of 2002 (6 U.S.C. 621)), including--
       (i) whether the alien is found to be inadmissible or 
     removeable due to a specific ground relating to terrorism;
       (ii) the alien's country of nationality, race or ethnic 
     identification, and age; and
       (iii) whether the alien's alleged terrorism is related to 
     domestic or international actors, if available;
       (D) aliens with active Federal or State warrants for arrest 
     in the United States and the nature of the crimes justifying 
     such warrants;
       (E) the nationality of the alien;
       (F) whether the alien encountered is a single adult, an 
     individual in a family unit, an unaccompanied child, or an 
     accompanied child;
       (G) the average time the alien remained in custody, 
     disaggregated by demographic information;
       (H) the processing disposition of each alien described in 
     this paragraph upon such alien's release from the custody of 
     U.S. Customs and Border Protection, disaggregated by 
     nationality;
       (I) the number of aliens who are paroled pursuant to 
     section 212(d)(5) of the Immigration and Nationality Act (8 
     U.S.C. 1182(d)(5)), disaggregated by geographic region or 
     sector;
       (J) the recidivism rate of aliens described in this 
     paragraph, including the definition of ``recidivism'' and 
     notice of any changes to such definition; and
       (K) aliens who have a confirmed gang affiliation, 
     including--
       (i) whether such alien was determined to be inadmissible or 
     removable due to such affiliation;
       (ii) the specific gang affiliation alleged;
       (iii) the basis of such allegation; and
       (iv) the Federal agency or component that made such 
     allegation or determination;
       (2) seizures, disaggregated by the U.S. Border Patrol 
     sector and U.S. Customs and Border Protection field office 
     that recorded the encounter, of--
       (A) narcotics;
       (B) firearms, whether inbound or outbound, including 
     whether such firearms were manufactured in the United States, 
     if known;
       (C) monetary instruments, whether inbound and outbound; and
       (D) other specifically identified contraband;
       (3) with respect to border emergency authority described in 
     section 244A of the Immigration and Nationality Act, as added 
     by section 4301--
       (A) the number of days such authority was in effect;
       (B) the number of encounters (as defined in section 
     244A(i)(3)) of such Act, disaggregated by U.S. Border Patrol 
     sector and U.S. Customs and Border Patrol field office;
       (C) the number of summary removals made under such 
     authority;
       (D) the number of aliens who manifested a fear of 
     persecution or torture and were screened for withholding of 
     removal or for protection under the Convention Against 
     Torture, and the disposition of each such screening, 
     including the processing disposition or outcome;
       (E) the number of aliens who were screened at a port of 
     entry in a safe and orderly manner each day such authority 
     was in effect, including the processing disposition or 
     outcome;
       (F) whether such authority was exercised under subparagraph 
     (A), (B)(i), or (B)(ii) of section 244A(b)(3) of such Act;
       (G) a public description of all the methods by which the 
     Secretary determines if an alien may be screened in a safe 
     and orderly manner;
       (H) the total number of languages that are available for 
     such safe and orderly process;
       (I) the number of aliens who were returned to a country 
     that is not their country of nationality;
       (J) the number of aliens who were returned to any country 
     without a humanitarian or protection determination during the 
     use of such authority;
       (K) the number of United States citizens who were 
     inadvertently detained, removed, or affected by such border 
     emergency authority;
       (L) the number of individuals who have lawful permission to 
     enter the United States and were inadvertently detained, 
     removed, or affected by such border emergency authority;
       (M) a summary of the impact to lawful trade and travel 
     during the use of such border emergency authority, 
     disaggregated by port of entry;
       (N) the disaggregation of the information described in 
     subparagraphs (C), (D), (E), (I), (J), (K), and (L) by the 
     time the alien remained in custody and by citizenship and 
     family status, including--
       (i) single adults;
       (ii) aliens traveling in a family unit;
       (iii) unaccompanied children;
       (iv) accompanied children;
       (4) information pertaining to agricultural inspections;
       (5) border rescues and mortality data;
       (6) information regarding trade and travel; and
       (7) with respect to aliens who were transferred from the 
     physical custody of a State or Federal law enforcement agency 
     or other State agency to the physical custody of a Federal 
     agency or component--
       (A) the specific States concerned;
       (B) whether such alien had initially been charged with a 
     State crime before the State transferred such alien to such 
     Federal agency or component; and
       (C) the underlying State crime with which the alien was 
     charged.
       (b) Totals.--The information described in subsection (a) 
     shall include the total amount of each element described in 
     each such paragraph in the relevant unit of measurement for 
     reporting month.
       (c) Definitions.--The monthly publication required under 
     subsection (a) shall--
       (1) include the definition of all terms used by the 
     Commissioner; and
       (2) specifically note whether the definition of any term 
     has been changed.
       (d) Protection of Personally Identifiable Information.--In 
     preparing each publication pursuant to subsection (a), the 
     Secretary shall--
       (1) protect any personally identifiable information 
     associated with aliens described in subsection (a); and
       (2) comply with all applicable privacy laws.

     SEC. 4605. UTILIZATION OF PAROLE AUTHORITIES.

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

     SEC. 4606. ACCOUNTABILITY IN PROVISIONAL REMOVAL PROCEEDINGS.

       (a) In General.--Not later than 1 year and 30 days after 
     the date of the enactment of this Act, the Secretary shall 
     submit a report to the appropriate committees of Congress and 
     the public regarding the implementation of sections 235B and 
     240D of the Immigration and Nationality Act, as added by 
     sections 3141 and 3142 during the previous 12-month period.
       (b) Contents.--Each report required under subsection (a) 
     shall include--

[[Page S790]]

       (1) the number of aliens processed pursuant to section 
     235B(b) of the Immigration and Nationality Act, disaggregated 
     by--
       (A) whether the alien was a single adult or a member of a 
     family unit;
       (B) the number of aliens who--
       (i) were provided proper service and notice upon release 
     from custody pursuant to section 235B(b)(2) of such Act; or
       (ii) were not given such proper service and notice;
       (C) the number of aliens who received a protection 
     determination interview pursuant to section 235B(c) of such 
     Act within the 90-day period required under section 
     235B(b)(3)(A) of such Act;
       (D) the number of aliens described in subparagraph (C)--
       (i) who retained legal counsel;
       (ii) who received a positive protection determination;
       (iii) who received a negative protection determination;
       (iv) for those aliens described in clause (iii), the number 
     who--

       (I) requested reconsideration;
       (II) whether such reconsideration resulted in approval or 
     denial;
       (III) whether an alien upon receiving a negative motion for 
     reconsideration filed an appeal;
       (IV) who appealed a negative decision without filing for 
     reconsideration;
       (V) whether the appeal resulted in approval or denial, 
     disaggregated by the elements in subclauses (III) and (IV); 
     and
       (VI) whether the alien, upon receiving a negative decision 
     as described in subclauses (III) and (V), was removed from 
     the United States upon receiving such negative decision;

       (v) who absconded during such proceedings; and
       (vi) who failed to receive proper service;
       (E) the number of aliens who were processed pursuant to 
     section 235B(f) of such Act; and
       (F) the number of aliens described in subparagraph (E) who 
     submitted their application pursuant to section 
     235B(f)(2)(B)(i) of such Act;
       (2) the average time taken by the Department of Homeland 
     Security--
       (A) to perform a protection determination interview 
     pursuant to section 235B(b) of such Act;
       (B) to serve notice of a protection determination pursuant 
     to section 235B(e) of such Act after a determination has been 
     made pursuant to section 235B(b) of such Act;
       (C) to provide an alien with a work authorization pursuant 
     to section 235C of such Act, as added by section 4501, 
     disaggregated by the requirements under subparagraphs (A), 
     (B), and (C) of section 235C(a)(2) of such Act; and
       (D) the utilization of the Alternatives to Detention 
     program authorized under section 235B(a)(3) of such Act, 
     disaggregated by--
       (i) types of alternatives to detention used to supervise 
     the aliens after being released from physical custody;
       (ii) the level of compliance by the alien with the rules of 
     the Alternatives to Detention program; and
       (iii) the total cost of each Alternatives to Detention 
     type;
       (3) the number of aliens processed pursuant to section 
     240D(d) of such Act, disaggregated by--
       (A) whether the alien was a single adult or a member of a 
     family unit;
       (B) the number of aliens who were provided proper service 
     and notice of a protection determination pursuant to section 
     235B(e) of such Act;
       (C) the number of aliens who received a protection merits 
     interview pursuant to section 240D(c)(3) of such Act within 
     the 90-day period required under section 240D(b) of such Act;
       (D) the number of aliens who received a positive protection 
     merits determination pursuant to section 240D(d)(2) of such 
     Act;
       (E) the number of aliens who received a negative protection 
     merits determination pursuant to section 240D(d)(3) of such 
     Act, disaggregated by the number of aliens who appealed the 
     determination pursuant to section 240D(e) of such Act and who 
     received a result pursuant to section 240D(e)(7) of such Act;
       (F) the number of aliens who were processed pursuant to 
     section 240D of such Act who retained legal counsel;
       (G) the number of aliens who appeared at such proceedings; 
     and
       (H) the number of aliens who absconded during such 
     proceedings; and
       (4) the average time taken by the Department of Homeland 
     Security--
       (A) to perform a protection merits interview pursuant to 
     section 240D(d) of such Act;
       (B) to serve notice of a protection merits determination 
     pursuant to section 240D(d) of such Act; and
       (C) the utilization of Alternatives to Detention program 
     authorized under section 240D(c)(2) of such Act, 
     disaggregated by--
       (i) types of alternatives to detention used to supervise 
     the aliens after being released from physical custody; and
       (ii) the level of compliance by the aliens with rules of 
     the Alternatives to Detention program.
       (c) Protection of Personally Identifiable Information.--In 
     preparing each report pursuant to subsection (a), the 
     Secretary shall--
       (1) protect any personally identifiable information 
     associated with aliens described in subsection (a); and
       (2) comply with all applicable privacy laws.

     SEC. 4607. ACCOUNTABILITY IN VOLUNTARY REPATRIATION, 
                   WITHDRAWAL, AND DEPARTURE.

       (a) In General.--Not later than 1 year and 30 days after 
     the date of the enactment of this Act, the Secretary shall 
     submit a report to the appropriate committees of Congress 
     regarding the implementation of section 240G of the 
     Immigration and Nationality Act, as added by section 4144.
       (b) Contents.--The report required under subsection (a) 
     shall include the number of aliens who utilized the 
     provisions of such section 240G, disaggregated by--
       (1) demographic information;
       (2) the period in which the election took place;
       (3) the total costs of repatriation flight when compared to 
     the cost to charter a private, commercial flight for such 
     return;
       (4) alien use of reintegration or reception programs in the 
     alien's country of nationality after removal from the United 
     States;
       (5) the number of aliens who failed to depart in compliance 
     with section 240G(i)(2) of such Act;
       (6) the number of aliens to which a civil penalty and a 
     period of ineligibility was applied; and
       (7) the number of aliens who did depart.

     SEC. 4608. GAO ANALYSIS OF IMMIGRATION JUDGE AND ASYLUM 
                   OFFICER DECISION-MAKING REGARDING ASYLUM, 
                   WITHHOLDING OF REMOVAL, AND PROTECTION UNDER 
                   THE CONVENTION AGAINST TORTURE.

       (a) In General.--Not later than 2 years after the 
     Comptroller General of the United States submits the 
     certification described in section 4146(d)(3), the 
     Comptroller General shall analyze the decision rates of 
     immigration judges and asylum officers regarding aliens who 
     have received a positive protection determination and have 
     been referred to proceedings under section 240 or 240D of the 
     Immigration and Nationality Act, as applicable, to 
     determine--
       (1) whether the Executive Office for Immigration Review and 
     U.S. Citizenship and Immigration Services have any 
     differential in rate of decisions for cases involving asylum, 
     withholding of removal, or protection under the Convention 
     Against Torture and Other Cruel, Inhuman or Degrading 
     Treatment or Punishment, done at New York December 10, 1984; 
     and
       (2) the causes for any such differential, including any 
     policies, procedures, or other administrative measures.
       (b) Recommendations.--Upon completing the analysis required 
     under subsection (a), the Comptroller General shall submit 
     recommendations to the Director of the Executive Office for 
     Immigration Review and the Director of U.S. Citizenship and 
     Immigration Services regarding any administrative or 
     procedural changes necessary to ensure uniformity in 
     decision-making between those agencies, which may not include 
     quotas.

     SEC. 4609. REPORT ON COUNSEL FOR UNACCOMPANIED ALIEN 
                   CHILDREN.

       (a) In General.--Not later than 120 days after the date of 
     the enactment of this Act, and annually thereafter, the 
     Secretary of Health and Human Services shall submit a report 
     to the appropriate committees of Congress with respect to 
     unaccompanied alien children who received appointed counsel 
     pursuant to section 235(c)(5)(B) of the William Wilberforce 
     Trafficking Victims Protection Reauthorization Act of 2008, 
     as added by section 4512, including--
       (1) the number of unaccompanied alien children who obtained 
     such counsel compared to the number of such children who did 
     not obtain such counsel;
       (2) the sponsorship category of unaccompanied alien 
     children who obtained counsel;
       (3) the age ranges of unaccompanied alien children who 
     obtained counsel;
       (4) the administrative appeals, if any, of unaccompanied 
     alien children who obtained counsel; and
       (5) the case outcomes of unaccompanied alien children who 
     obtained counsel.
       (b) Protection of Personally Identifiable Information.--In 
     preparing each report pursuant to subsection (a), the 
     Secretary of Health and Human Services shall--
       (1) protect any personally identifiable information 
     associated with aliens described in subsection (a); and
       (2) comply with all applicable privacy laws.

     SEC. 4610. RECALCITRANT COUNTRIES.

       Section 243(d) of the Immigration and Nationality Act (8 
     U.S.C. 1253(d)) is amended--
       (1) by striking ``On being notified'' and inserting the 
     following:
       ``(1) In general.--On being notified''; and
       (2) by adding at the end the following:
       ``(2) Report on recalcitrant countries.--
       ``(A) In general.--Not later than 90 days after the last 
     day of each fiscal year, the Secretary of Homeland Security 
     and the Secretary of State shall jointly--
       ``(i) prepare an unclassified annual report, which may 
     include a classified annex, that includes the information 
     described in subparagraph (C); and
       ``(ii) submit such report to Committee on Homeland Security 
     and Governmental Affairs of the Senate; the Committee on the 
     Judiciary of the Senate, the Committee on Foreign Relations 
     of the Senate, the Committee on Homeland Security of the 
     House of Representatives, the Committee on the Judiciary of 
     the House of Representatives, and the Committee on Foreign 
     Affairs of the House of Representatives.
       ``(B) Briefing.--Not later than 30 days after the date on 
     which a report is submitted

[[Page S791]]

     pursuant to subparagraph (A), designees of the Secretary of 
     Homeland Security and of the Secretary of State shall brief 
     the committees referred to in subparagraph (A)(ii) regarding 
     any measures taken to encourage countries to accept the 
     return of their citizens, subjects, or nationals, or aliens 
     whose last habitual residence was within each such country, 
     who have been ordered removed from the United States.
       ``(C) Contents.--Each report prepared pursuant to 
     subparagraph (A)(i) shall include--
       ``(i) a list of all countries that--

       ``(I) deny the acceptance of their citizens, subjects, or 
     nationals, or aliens whose last habitual residence was within 
     such country, who have been ordered removed to such country 
     from the United States; or
       ``(II) unreasonably delay the acceptance of their citizens, 
     subjects, or nationals, or aliens whose last habitual 
     residence was within such country, who have been ordered 
     removed to such country from the United States;

       ``(ii) for each country described in clause (i)(II), the 
     average length of delay of such citizens, subjects, 
     nationals, or aliens acceptance into such country;
       ``(iii) a list of the foreign countries that have placed 
     unreasonable limitations upon the acceptance of their 
     citizens, subjects, or nationals, or aliens whose last 
     habitual residence was within such country, who have been 
     ordered removed to such country from the United States;
       ``(iv) a description of the criteria used to determine that 
     a country described under clause (iii) has placed such 
     unreasonable limitations;
       ``(v) the number of aliens ordered removed from the United 
     States to a country described in clause (i) or (iii) whose 
     removal from the United States was pending as of the last day 
     of the previous fiscal year, including--

       ``(I) the number of aliens who--

       ``(aa) received a denial of a work authorization; and
       ``(bb) are not eligible to request work authorization;
       ``(vi) the number of aliens ordered removed from the United 
     States to a country described in clause (i) or (iii) whose 
     removal from the United States was pending as of the last day 
     of the previous fiscal year and who are being detained, 
     disaggregated by--

       ``(I) the length of such detention;
       ``(II) the aliens who requested a review of the significant 
     likelihood of their removal in the reasonably foreseeable 
     future;
       ``(III) the aliens for whom the request for release under 
     such review was denied;
       ``(IV) the aliens who remain detained on account of special 
     circumstances despite no significant likelihood that such 
     aliens will be removed in the foreseeable future, 
     disaggregated by the specific circumstance;
       ``(V) the aliens described in subclause (IV) who are being 
     detained based on a determination that they are specially 
     dangerous;
       ``(VI) the aliens described in subclause (V) whose request 
     to review the basis for their continued detention was denied;
       ``(VII) demographic categories, including part of a family 
     unit, single adults, and unaccompanied alien children;

       ``(vii) the number of aliens referred to in clauses (i) 
     through (iii) who--

       ``(I) have criminal convictions, disaggregated by National 
     Crime Information Center code, whether misdemeanors or 
     felonies;
       ``(II) are considered national security threats to the 
     United States;
       ``(III) are members of a criminal gang or another organized 
     criminal organization, if found to be inadmissible or 
     removable on such grounds; or
       ``(IV) have been released from U.S. Immigration and Customs 
     Enforcement custody on an order of supervision and the type 
     of supervision and compliance with such supervision, if 
     applicable;

       ``(viii) a description of the actions taken by the 
     Department of Homeland Security and the Department of State 
     to encourage foreign nations to accept the return of their 
     nationals; and
       ``(ix) the total number of individuals that such 
     jurisdiction has accepted who are not citizens, subjects, or 
     nationals, or aliens who last habitually resided within such 
     jurisdiction and have been removed from the United States, if 
     any.''.

                        TITLE VII--OTHER MATTERS

     SEC. 4701. SEVERABILITY.

       If any provision of this Act, any amendment made by this 
     Act, or the application of any such provision or amendment to 
     any person or circumstance is held to be unconstitutional, 
     the remainder of this Act, the amendments made by this Act, 
     and the application of such provisions or amendments to any 
     other person or circumstance shall not be affected.
                                 ______
                                 
  SA 1573. Mr. PADILLA submitted an amendment intended to be proposed 
to amendment SA 1388 proposed by Mrs. Murray (for herself and Mr. 
Schumer) to the bill H.R. 815, to amend title 38, United States Code, 
to make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. AGE-OUT PROTECTIONS AND PRIORITY DATE RETENTION.

       (a) Age-out Protections.--
       (1) In general.--The Immigration and Nationality Act (8 
     U.S.C. 1101 et seq.) is amended--
       (A) in section 101(b) (8 U.S.C. 1101(b)), by adding at the 
     end the following:
       ``(6) Determination of Child Status.--A determination as to 
     whether an alien is a child shall be made as follows:
       ``(A) In general.--For purposes of a petition under section 
     204 and any subsequent application for an immigrant visa or 
     adjustment of status, such determination shall be made using 
     the age of the alien on the earlier of--
       ``(i) the date on which the petition is filed with the 
     Secretary of Homeland Security; or
       ``(ii) the date on which an application for a labor 
     certification under section 212(a)(5)(A)(i) is filed with the 
     Secretary of Labor.
       ``(B) Certain dependents of nonimmigrants.--With respect to 
     an alien who, for an aggregate period of 8 years before 
     attaining the age of 21, was in the status of a dependent 
     child of a nonimmigrant pursuant to a lawful admission as an 
     alien eligible to be employed in the United States (other 
     than a nonimmigrant described in subparagraph (A), (G), (N), 
     or (S) of section 101(a)(15)), notwithstanding clause (i), 
     the determination of the alien's age shall be based on the 
     date on which such initial nonimmigrant employment-based 
     petition or application was filed by the alien's nonimmigrant 
     parent.
       ``(C) Failure to acquire status as alien lawfully admitted 
     for permanent residence.--With respect to an alien who has 
     not sought to acquire status as an alien lawfully admitted 
     for permanent residence during the 2 years beginning on the 
     date on which an immigrant visa becomes available to such 
     alien, the alien's age shall be determined based on the 
     alien's biological age, unless the failure to seek to acquire 
     such status was due to extraordinary circumstances.''; and
       (B) in section 201(f) (8 U.S.C. 1151)--
       (i) by striking the subsection heading and all that follows 
     through ``Termination Date.--'' in paragraph (3) and 
     inserting ``Rule for Determining Whether Certain Aliens Are 
     Immediate Relatives.--''; and
       (ii) by striking paragraph (4).
       (2) Effective date.--
       (A) In general.--The amendments made by this subsection 
     shall be effective as if included in the Child Status 
     Protection Act (Public Law 107-208; 116 Stat. 927).
       (B) Motion to reopen or reconsider.--
       (i) In general.--A motion to reopen or reconsider the 
     denial of a petition or application described in the 
     amendment made by paragraph (1)(A) may be granted if--

       (I) such petition or application would have been approved 
     if the amendment described in such paragraph had been in 
     effect at the time of adjudication of the petition or 
     application;
       (II) the individual seeking relief pursuant to such motion 
     was in the United States at the time the underlying petition 
     or application was filed; and
       (III) such motion is filed with the Secretary of Homeland 
     Security or the Attorney General not later than the date that 
     is 2 years after the date of the enactment of this Act.

       (ii) In lieu of motion to reopen.--If an alien who 
     qualifies under section 101(b)(6)(B) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(b)(6)(B)) has a parent who has 
     been lawfully admitted for permanent residence or is a 
     citizen of the United States, the alien shall not be required 
     to file a motion to reopen and shall be immediately eligible 
     to apply for adjustment of status or have a pending 
     adjustment of status considered based upon any immigrant visa 
     petition in which the alien is a beneficiary or derivative 
     beneficiary if such adjustment of status is filed not later 
     than the date that is 2 years after the date of the enactment 
     of this Act.
       (iii) Exemption from numerical limitations.--
     Notwithstanding any other provision of law, an individual 
     granted relief under clause (i) or (ii) shall be exempt from 
     the numerical limitations in sections 201, 202, and 203 of 
     the Immigration and Nationality Act (8 U.S.C. 1151, 1152, and 
     1153).
       (b) Nonimmigrant Dependent Children.--Section 214 of the 
     Immigration and Nationality Act (8 U.S.C. 1184) is amended by 
     adding at the end the following:
       ``(s) Derivative Beneficiaries.--
       ``(1) In general.--Except as described in paragraph (2), 
     the determination as to whether an alien who is the 
     derivative beneficiary of a properly filed pending or 
     approved immigrant petition under section 204 is eligible to 
     be a dependent child shall be based on whether the alien is 
     determined to be a child under section 101(b)(6).
       ``(2) Long-term dependents.--If otherwise eligible, an 
     alien who is determined to be a child pursuant to section 
     101(b)(6)(B) may change status to, or extend status as, a 
     dependent child of a nonimmigrant with an approved 
     employment-based petition under this section or an approved 
     application under section 101(a)(15)(E), notwithstanding such 
     alien's marital status.
       ``(3) Employment authorization.--An alien admitted to the 
     United States as a dependent child of a nonimmigrant who is 
     described in this section is authorized to engage in 
     employment in the United States incident to status.''.

[[Page S792]]

       (c) Priority Date Retention.--Section 203(h) of the 
     Immigration and Nationality Act (8 U.S.C. 1153(h)) is 
     amended--
       (1) by striking the subsection heading and inserting 
     ``Retention of Priority Dates'';
       (2) by striking paragraphs (1) through (4);
       (3) by redesignating paragraph (5) as paragraph (3); and
       (4) by inserting before paragraph (3) the following:
       ``(1) In general.--The priority date for an individual 
     shall be the date on which a petition under section 204 is 
     filed with the Secretary of Homeland Security or the 
     Secretary of State, as applicable, unless such petition was 
     preceded by the filing of a labor certification with the 
     Secretary of Labor, in which case the date on which the labor 
     certification is filed shall be the priority date.
       ``(2) Applicability.--The principal beneficiary and all 
     derivative beneficiaries shall retain the priority date 
     associated with the earliest of any approved petition or 
     labor certification, and such priority date shall be 
     applicable to any subsequently approved petition.''.
                                 ______
                                 
  SA 1574. Mr. PADILLA submitted an amendment intended to be proposed 
to amendment SA 1388 proposed by Mrs. Murray (for herself and Mr. 
Schumer) to the bill H.R. 815, to amend title 38, United States Code, 
to make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SUBTITLE ___--IMMIGRATION AGE-OUT PROTECTIONS

     SEC. ___. AGE-OUT PROTECTIONS AND PRIORITY DATE RETENTION.

       (a) Age-out Protections.--
       (1) In general.--The Immigration and Nationality Act (8 
     U.S.C. 1101 et seq.) is amended--
       (A) in section 101(b) (8 U.S.C. 1101(b)), by adding at the 
     end the following:
       ``(6) Determination of Child Status.--A determination as to 
     whether an alien is a child shall be made as follows:
       ``(A) In general.--For purposes of a petition under section 
     204 and any subsequent application for an immigrant visa or 
     adjustment of status, such determination shall be made using 
     the age of the alien on the earlier of--
       ``(i) the date on which the petition is filed with the 
     Secretary of Homeland Security; or
       ``(ii) the date on which an application for a labor 
     certification under section 212(a)(5)(A)(i) is filed with the 
     Secretary of Labor.
       ``(B) Certain dependents of nonimmigrants.--With respect to 
     an alien who, for an aggregate period of 8 years before 
     attaining the age of 21, was in the status of a dependent 
     child of a nonimmigrant pursuant to a lawful admission as an 
     alien eligible to be employed in the United States (other 
     than a nonimmigrant described in subparagraph (A), (G), (N), 
     or (S) of section 101(a)(15)), notwithstanding clause (i), 
     the determination of the alien's age shall be based on the 
     date on which such initial nonimmigrant employment-based 
     petition or application was filed by the alien's nonimmigrant 
     parent.
       ``(C) Failure to acquire status as alien lawfully admitted 
     for permanent residence.--With respect to an alien who has 
     not sought to acquire status as an alien lawfully admitted 
     for permanent residence during the 2 years beginning on the 
     date on which an immigrant visa becomes available to such 
     alien, the alien's age shall be determined based on the 
     alien's biological age, unless the failure to seek to acquire 
     such status was due to extraordinary circumstances.''; and
       (B) in section 201(f) (8 U.S.C. 1151)--
       (i) by striking the subsection heading and all that follows 
     through ``Termination Date.--'' in paragraph (3) and 
     inserting ``Rule for Determining Whether Certain Aliens Are 
     Immediate Relatives.--''; and
       (ii) by striking paragraph (4).
       (2) Effective date.--
       (A) In general.--The amendments made by this subsection 
     shall be effective as if included in the Child Status 
     Protection Act (Public Law 107-208; 116 Stat. 927).
       (B) Motion to reopen or reconsider.--
       (i) In general.--A motion to reopen or reconsider the 
     denial of a petition or application described in the 
     amendment made by paragraph (1)(A) may be granted if--

       (I) such petition or application would have been approved 
     if the amendment described in such paragraph had been in 
     effect at the time of adjudication of the petition or 
     application;
       (II) the individual seeking relief pursuant to such motion 
     was in the United States at the time the underlying petition 
     or application was filed; and
       (III) such motion is filed with the Secretary of Homeland 
     Security or the Attorney General not later than the date that 
     is 2 years after the date of the enactment of this Act.

       (ii) In lieu of motion to reopen.--If an alien who 
     qualifies under section 101(b)(6)(B) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(b)(6)(B)) has a parent who has 
     been lawfully admitted for permanent residence or is a 
     citizen of the United States, the alien shall not be required 
     to file a motion to reopen and shall be immediately eligible 
     to apply for adjustment of status or have a pending 
     adjustment of status considered based upon any immigrant visa 
     petition in which the alien is a beneficiary or derivative 
     beneficiary if such adjustment of status is filed not later 
     than the date that is 2 years after the date of the enactment 
     of this Act.
       (iii) Exemption from numerical limitations.--
     Notwithstanding any other provision of law, an individual 
     granted relief under clause (i) or (ii) shall be exempt from 
     the numerical limitations in sections 201, 202, and 203 of 
     the Immigration and Nationality Act (8 U.S.C. 1151, 1152, and 
     1153).
       (b) Nonimmigrant Dependent Children.--Section 214 of the 
     Immigration and Nationality Act (8 U.S.C. 1184) is amended by 
     adding at the end the following:
       ``(s) Derivative Beneficiaries.--
       ``(1) In general.--Except as described in paragraph (2), 
     the determination as to whether an alien who is the 
     derivative beneficiary of a properly filed pending or 
     approved immigrant petition under section 204 is eligible to 
     be a dependent child shall be based on whether the alien is 
     determined to be a child under section 101(b)(6).
       ``(2) Long-term dependents.--If otherwise eligible, an 
     alien who is determined to be a child pursuant to section 
     101(b)(6)(B) may change status to, or extend status as, a 
     dependent child of a nonimmigrant with an approved 
     employment-based petition under this section or an approved 
     application under section 101(a)(15)(E), notwithstanding such 
     alien's marital status.
       ``(3) Employment authorization.--An alien admitted to the 
     United States as a dependent child of a nonimmigrant who is 
     described in this section is authorized to engage in 
     employment in the United States incident to status.''.
       (c) Priority Date Retention.--Section 203(h) of the 
     Immigration and Nationality Act (8 U.S.C. 1153(h)) is 
     amended--
       (1) by striking the subsection heading and inserting 
     ``Retention of Priority Dates'';
       (2) by striking paragraphs (1) through (4);
       (3) by redesignating paragraph (5) as paragraph (3); and
       (4) by inserting before paragraph (3) the following:
       ``(1) In general.--The priority date for an individual 
     shall be the date on which a petition under section 204 is 
     filed with the Secretary of Homeland Security or the 
     Secretary of State, as applicable, unless such petition was 
     preceded by the filing of a labor certification with the 
     Secretary of Labor, in which case the date on which the labor 
     certification is filed shall be the priority date.
       ``(2) Applicability.--The principal beneficiary and all 
     derivative beneficiaries shall retain the priority date 
     associated with the earliest of any approved petition or 
     labor certification, and such priority date shall be 
     applicable to any subsequently approved petition.''.

      Subtitle ___--Veteran Deportation Prevention and Reform Act

     SEC. ___. SHORT TITLE.

       This subtitle may be cited as the ``Veteran Deportation 
     Prevention and Reform Act''.

     SEC. ___. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) military service to the United States is a sacrifice 
     that demonstrates loyalty to our Nation;
       (2) a noncitizen who takes an oath of enlistment or an oath 
     of office to join the United States Armed Forces, by 
     promising to support and defend the Constitution of the 
     United States against all enemies, foreign and domestic, 
     deserves facilitated access to naturalization;
       (3) each noncitizen described in paragraph (2) and his or 
     her immediate family members deserve consideration for the 
     exercise of prosecutorial discretion in immigration removal 
     proceedings; and
       (4) a noncitizen veteran who is deported after 
     consideration under this subtitle should be provided the same 
     veterans' benefits to which a similarly situated United 
     States citizen veteran would be entitled.

     SEC. ___. DEFINITIONS.

       In this subtitle:
       (1) Advisory committee.--The term ``Advisory Committee'' 
     means the Military Family Immigration Advisory Committee 
     established under this subtitle.
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Armed Services of the Senate;
       (B) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (C) the Committee on the Judiciary of the Senate;
       (D) the Committee on Veterans' Affairs of the Senate;
       (E) the Committee on Armed Services of the House of 
     Representatives;
       (F) the Committee on Homeland Security of the House of 
     Representatives;
       (G) the Committee on the Judiciary of the House of 
     Representatives; and
       (H) the Committee on Veterans' Affairs of the House of 
     Representatives.
       (3) Armed forces.--The term ``Armed Forces'' has the 
     meaning given the term ``armed forces'' in section 101(a)(4) 
     of title 10, United States Code, and includes the reserve 
     components of the Armed Forces.
       (4) Advisory committee.--The term ``Advisory Committee'' 
     means the Military Family Immigration Advisory Committee 
     established under this subtitle.

[[Page S793]]

       (5) Covered family member.--The term ``covered family 
     member'' means the noncitizen spouse, noncitizen parent, or 
     noncitizen minor child of--
       (A) a member of the Armed Forces serving on active duty or 
     in a reserve component; or
       (B) a veteran.
       (6) Crime of violence.--The term ``crime of violence'' 
     means an offense defined in section 16(a) of title 18, United 
     States Code--
       (A) that is not a purely political offense; and
       (B) for which a noncitizen has served a term of 
     imprisonment of at least 5 years.
       (7) Eligible veteran.--
       (A) In general.--The term ``eligible veteran'' means a 
     veteran who--
       (i) is a noncitizen; and
       (ii) meets the criteria described in section [___](e) of 
     this subtitle.
       (B) Inclusion.--The term ``eligible veteran'' includes a 
     veteran who--
       (i) was removed from the United States; or
       (ii) is abroad and is inadmissible under section 212(a) of 
     the Immigration and Nationality Act (8 U.S.C. 1182(a)).
       (8) Immigration laws.--The term ``immigration laws'' has 
     the meaning given such term in section 101 of the Immigration 
     and Nationality Act (8 U.S.C. 1101).
       (9) Noncitizen.--The term ``noncitizen'' means an 
     individual who is not a citizen or national of the United 
     States (as defined in section 101(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a))).
       (10) Veteran.--The term ``veteran'' means a person who 
     served as a member of the Armed Forces on active duty or in a 
     reserve component and who was discharged or released from 
     such service under conditions other than dishonorable.

     SEC. ___. IDENTIFICATION OF MEMBERS OF THE ARMED FORCES, 
                   VETERANS, AND COVERED FAMILY MEMBERS IN REMOVAL 
                   PROCEEDINGS.

       (a) In General.--No Federal agency may initiate removal 
     proceedings or reinstatement of a removal order without first 
     asking the individual, and recording the answer in a 
     searchable electronic database, whether such individual is--
       (1) a member of the Armed Forces serving on active duty or 
     in a reserve component;
       (2) a veteran; or
       (3) a covered family member.
       (b) Transfer of Case Files.--The Director of U.S. 
     Immigration and Customs Enforcement, the Director of U.S. 
     Citizenship and Immigration Services, and the Commissioner of 
     U.S. Customs and Border Patrol, as applicable, shall transfer 
     a copy of the complete case file of any individual identified 
     under subsection (a), immediately after such identification, 
     to the Advisory Committee.
       (c) Limitation on Removal.--Notwithstanding any other 
     provision of law, an individual described in subsection (a) 
     may not be ordered removed or removed until the Military 
     Family Immigration Advisory Committee has provided 
     recommendations with respect to such individual to the 
     Secretary of Homeland Security and to the Attorney General in 
     accordance with section [___].
       (d) Prohibition of Detention During Advisory Committee 
     Review.--Notwithstanding any other provision of law, no 
     individual described in paragraph (1), (2), or (3) of 
     subsection (a) may be detained by the Department of Homeland 
     Security while the Advisory Committee is reviewing his or her 
     case unless such individual poses a danger to public safety 
     or national security.

     SEC. ___. STUDY AND REPORT ON NONCITIZEN VETERANS REMOVED 
                   FROM THE UNITED STATES.

       (a) Study Required.--Not later than 1 year after the date 
     of the enactment of this Act, the Secretary of Defense, the 
     Secretary of Homeland Security, and the Secretary of Veterans 
     Affairs shall jointly carry out a study of noncitizen 
     veterans of the Armed Forces who were removed from the United 
     States during the period beginning on January 1, 1990, and 
     ending on the date of the enactment of this Act, which shall 
     include--
       (1) the number of noncitizens removed by U.S. Immigration 
     and Customs Enforcement or the Immigration and Naturalization 
     Service during the period covered by the report who served on 
     active duty in the Armed Forces or in a reserve component of 
     the Armed Forces;
       (2) for each noncitizen described in paragraph (1)--
       (A) the country of origin of the noncitizen;
       (B) the length of time the noncitizen served as a member of 
     the Armed Forces;
       (C) the number of covered family members of the noncitizen, 
     as applicable;
       (D) the grounds for removal under section 212(a) or 237(a) 
     of the Immigration and Nationality Act (8 U.S.C. 1182(a) and 
     1227(a)), as applicable;
       (E) whether the noncitizen appealed the removal order;
       (F) whether the noncitizen was detained; and
       (G) whether the noncitizen was represented by a lawyer;
       (3) the number of noncitizens described in paragraph (1) 
     who--
       (A) were discharged or released from service under 
     honorable conditions;
       (B) were deployed overseas;
       (C) served on active duty in the Armed Forces in an 
     overseas contingency operation;
       (D) were awarded military decorations, campaign medals, or 
     service medals;
       (E) applied for benefits under laws administered by the 
     Secretary of Veterans Affairs; or
       (F) are receiving benefits described in subparagraph (E);
       (4) a description of the reasons preventing any of the 
     noncitizens who applied for benefits described in paragraph 
     (3)(E) from receiving such benefits;
       (5) the number of noncitizens who--
       (A) currently serve or previously served as a member of the 
     Armed Forces; and
       (B) are currently in removal proceedings; and
       (6) for each noncitizen described in paragraph (5), the 
     grounds for inadmissibility or deportability under section 
     212(a) or 237(a) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a) and 1227(a)), as applicable.
       (b) Report.--Not later than 90 days after the date of the 
     completion of the study required under subsection (a), the 
     Secretary of Defense, the Secretary of Homeland Security, and 
     the Secretary of Veterans Affairs shall jointly submit a 
     report containing the results of such study to the 
     appropriate congressional committees.

     SEC. ___. INFORMATION REGARDING VETERANS SUBJECT TO REMOVAL 
                   PROCEEDINGS.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     shall create a system to maintain information, that is shared 
     across the Department of Homeland Security (including 
     Enforcement and Removal Operations, the Office of the 
     Principal Legal Advisor, and Homeland Security 
     Investigations), regarding potentially removable noncitizen 
     veterans (including the names and last known addresses of 
     such individuals) and removal proceedings with respect to any 
     such individual, for the purpose of ensuring that service in 
     the Armed Forces of any such individual is taken into 
     consideration during any adjudication under the immigration 
     laws with respect to such individual, including--
       (1) information collected pursuant to the protocol 
     established under section [___(a)];
       (2) information regarding the covered family members of the 
     noncitizens described in section [___(a)(1)]; and
       (3) information provided by the Secretary of Defense 
     pursuant subsection (b).
       (b) Provision of Information by Department of Defense.--Not 
     later than 30 days after a noncitizen veteran is honorably 
     discharged from the Armed Forces, the Secretary of Defense 
     shall provide to the Secretary of Homeland Security a copy of 
     the Certificate of Release or Discharge from Active Duty 
     form, or other discharge documents from a Reserve Component, 
     for inclusion in the system established pursuant to 
     subsection (a).
       (c) Confidentiality.--Information collected under this 
     section or under section [___] may not be disclosed for 
     purposes of immigration enforcement.

     SEC. ___. PROTOCOL FOR IDENTIFYING NONCITIZEN VETERANS.

       (a) In General.--Not later than the last day of the first 
     fiscal year beginning after the date of the enactment of this 
     Act, the Secretary of Homeland Security shall establish--
       (1) a protocol, which shall be known as the ``Immigrant 
     Veterans Eligibility Tracking System'' or ``I-VETS'', for--
       (A) identifying noncitizens who are or may be veterans and 
     the covered family members of such veterans; and
       (B) collecting and maintaining data, for use by U.S. 
     Immigration and Customs Enforcement, with respect to such 
     veterans and covered family members who are--
       (i) are in removal proceedings; or
       (ii) have been removed;
       (2) best practices with respect to addressing issues 
     related to the removal of any noncitizen or covered family 
     member described in paragraph (1); and
       (3) an annual training program with respect to the protocol 
     and best practices established under paragraphs (1) and (2).
       (b) Training.--Beginning in the first fiscal year that 
     begins after the Secretary of Homeland Security completes the 
     requirements under subsection (a), personnel of U.S. 
     Immigration and Customs Enforcement and U.S. Citizenship and 
     Immigration Services shall annually participate in the 
     training program on the protocol and best practices developed 
     pursuant to subsection (a).

     SEC. ___. MILITARY FAMILY IMMIGRATION ADVISORY COMMITTEE.

       (a) Establishment.--The Secretary of Homeland Security, in 
     consultation with the Secretary of Defense and in cooperation 
     with the Secretary of the Army, the Secretary of the Navy, 
     the Secretary of the Air Force, and the Commandant of the 
     Coast Guard, shall establish the Military Family Immigration 
     Advisory Committee to provide recommendations to the 
     Secretary of Homeland Security and the Attorney General 
     regarding the exercise of prosecutorial discretion in cases 
     involving removal proceedings of individuals described in 
     section [___](a).
       (b) Membership.--The Advisory Committee shall be composed 
     of the following officers of the Armed Forces:
       (1) The Deputy Commanding General of Army Human Resources 
     Command, or designee.
       (2) The Judge Advocate of the Army, or designee.
       (3) The Deputy Commander of Navy Personnel Command, or 
     designee.
       (4) The Judge Advocate of the Navy, or designee.
       (5) The Vice Chief of Staff of the Air Force.
       (6) The Judge Advocate of the Air Force, or designee.

[[Page S794]]

       (7) The Deputy Commandant for Mission Support of the Coast 
     Guard.
       (8) The Judge Advocate of the Coast Guard, or designee.
       (9) The Deputy Commandant of Manpower and Reserve Affairs 
     of the Marine Corps, or designee.
       (10) The Chief of Space Operations.
       (c) Case Reviews.--
       (1) In general.--Not later than 30 days after the Director 
     of U.S. Immigration and Customs Enforcement notifies the 
     Advisory Committee of an individual described in section 
     [___](a), the Advisory Committee shall meet to review the 
     case and to provide a written recommendation to the Secretary 
     of Homeland Security and to such individual regarding whether 
     the individual--
       (A) notwithstanding the grounds for removal asserted by 
     U.S. Immigration and Customs Enforcement, should be granted--
       (i) a dismissal or termination of removal procedures;
       (ii) a stay of removal or cancellation of removal and 
     allowed to apply for asylum;
       (iii) an adjustment of status to that of an alien lawfully 
     admitted for permanent residence;
       (iv) deferred action;
       (v) parole; or
       (vi) other applicable immigration relief; or
       (B) should be removed from the United States.
       (2) Submission of information.--An individual who is the 
     subject of a case review under paragraph (1) may submit 
     information to the Advisory Committee, which shall be 
     considered by the Advisory Committee before making a 
     recommendation pursuant to paragraph (1).
       (3) Procedures.--In conducting each case review under 
     paragraph (1), the Advisory Committee shall consider, as 
     factors weighing in favor of a recommendation under paragraph 
     (1)(A)--
       (A) with respect to a member of the Armed Forces serving on 
     active duty or in a reserve component, whether the 
     individual--
       (i) took an oath of enlistment or an oath of office;
       (ii) received military decorations, campaign medals, or 
     service medals, was deployed, or was otherwise evaluated for 
     merit in service during his or her service in the Armed 
     Forces;
       (iii) is a national of a country that prohibits 
     repatriation of an individual after any service in the Armed 
     Forces;
       (iv) contributed to his or her local community during his 
     or her service in the Armed Forces; and
       (v) is a national of a country that--

       (I) persecutes members or veterans of the United States 
     military;
       (II) is home to criminal organizations that target and 
     recruit veterans of the United States military; or
       (III) has hostile relations with the United States; or

       (B) with respect to a veteran, whether the individual--
       (i) took an oath of enlistment or an oath of office;
       (ii) completed a term of service in the Armed Forces and 
     was discharged under conditions other than dishonorable;
       (iii) received military decorations, campaign medals, or 
     service medals, was deployed, or was otherwise evaluated for 
     merit in service during his or her service in the Armed 
     Forces;
       (iv) is a national of a country that prohibits repatriation 
     of an individual after any service in the Armed Forces;
       (v) contributed to his or her local community during or 
     after his or her service in the Armed Forces; or
       (vi) is a national of a country that--

       (I) persecutes members or veterans of the United States 
     military;
       (II) is home to criminal organizations that target and 
     recruit veterans of the Unites States military; or
       (III) has hostile relations with the United States; and

       (C) with respect to a covered family member, whether the 
     individual--
       (i) supported a member of the Armed Forces serving on 
     active duty or a veteran, including through financial 
     support, emotional support, or caregiving; or
       (ii) contributed to his or her local community during or 
     after the military service of the member or of the veteran.
       (4) Presumption in favor of following advisory committee 
     recommendation.--The Secretary of Homeland Security shall 
     follow the recommendations received from the Advisory 
     Committee pursuant to paragraph (1) with respect to 
     individuals in removal proceedings unless the Secretary, on a 
     case-by-case basis--
       (A) issues a written determination that a recommendation 
     regarding an individual described in section 4(a) is 
     unjustified; and
       (B) provides such written determination to such individual.
       (d) Consultation With Principal Legal Advisor of U.S. 
     Immigration and Customs Enforcement.--The Principal Legal 
     Advisor of U.S. Immigration and Customs Enforcement, or 
     designee, shall consult with the Advisory Committee at the 
     request of members of the Advisory Committee.
       (e) Briefings on Unsuitability of Noncitizen Members of the 
     Armed Forces.--The Under Secretary of Defense for Personnel 
     and Readiness shall provide detailed briefings to the 
     Advisory Committee regarding the reasons for determining the 
     unsuitability of noncitizen members of the Armed Forces whose 
     cases are being considered by the Advisory Committee.
       (f) Briefings on Actions in Response to Recommendations.--
     Not less frequently than quarterly, the Secretary of Homeland 
     Security shall provide detailed briefings to the Advisory 
     Committee regarding actions taken in response to the 
     recommendations of the Advisory Committee, including detailed 
     explanations for any cases in which a recommendation of the 
     Advisory Committee was not followed.
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.

     SEC. ___. LIST OF COUNTRIES UNWILLING TO REPATRIATE UNITED 
                   STATES VETERANS.

       The Secretary of Homeland Security, in consultation with 
     the Secretary of State, shall compile, and annually update, a 
     list of countries that refuse to repatriate nationals of such 
     country who have enlisted or been appointed in the United 
     States Armed Forces.

     SEC. ___. PROGRAM OF CITIZENSHIP THROUGH MILITARY SERVICE.

       (a) In General.--The Secretary of Homeland Security, acting 
     through the Director of U.S. Citizenship and Immigration 
     Services, and the Secretary of Defense shall jointly carry 
     out a program under which any individual noncitizen who 
     serves in the Armed Forces, and the covered family members of 
     such noncitizen, shall be naturalized as a United States 
     citizen if such individual, and such covered family members, 
     submit an application for naturalization and are not 
     otherwise ineligible for citizenship under the immigration 
     laws.
       (b) JAG Training.--The Secretary of Defense shall ensure 
     that appropriate members of the Judge Advocate General Corps 
     of the Armed Forces shall receive training to function as 
     liaisons with U.S. Citizenship and Immigration Services with 
     respect to applications for citizenship of noncitizen members 
     of the Armed Forces assigned to units in such areas.
       (c) Training for Recruiters.--The Secretary of Defense 
     shall ensure that all recruiters in the Armed Forces receive 
     training regarding--
       (1) the steps required for a noncitizen member of the Armed 
     Forces to become a naturalized United States citizen;
       (2) limitations on the path to citizenship for family 
     members of such noncitizens; and
       (3) points of contact at the Department of Homeland 
     Security to resolve emergency immigration-related situations 
     with respect to such noncitizens and family members.
       (d) Application for Naturalization.--
       (1) Biometrics.--
       (A) Submission of biometric information.--The Secretary of 
     Defense shall ensure that, at the time of accession into the 
     Armed Forces, biometric information of an individual who has 
     applied, or who plans to apply, for naturalization is 
     submitted to U.S. Citizenship and Immigration Services for 
     the purposes of such application.
       (B) Acceptance of biometric information.--The Director of 
     U.S. Citizenship and Immigration Services shall accept any 
     biometric information submitted pursuant to subparagraph (A).
       (2) Filing of application.--The Secretary of Homeland 
     Security, in coordination with the Secretary of Defense, 
     shall ensure that each noncitizen individual who accesses 
     into the Armed Forces is permitted to file an application for 
     naturalization as part of the accessions process.
       (3) Adjudication of application.--The Secretary of Homeland 
     Security, in coordination with the Secretary of Defense, 
     shall ensure that the application for naturalization of any 
     individual who applies for naturalization during the 
     accessions process into the Armed Forces is adjudicated not 
     later than the last day of active service of such individual 
     in the Armed Forces.
       (e) Annual Reports.--The Secretary of each military 
     department shall submit an annual report to the appropriate 
     congressional committees regarding--
       (1) the number of all noncitizens who enlisted or were 
     appointed in their department;
       (2) the number of members of the Armed Forces in their 
     department who have become naturalized United States 
     citizens; and
       (3) the number of members of the Armed Forces in their 
     department who were discharged or released without United 
     States citizenship under the jurisdiction of such Secretary 
     during the preceding year.

     SEC. ___. INFORMATION FOR MILITARY RECRUITS REGARDING 
                   NATURALIZATION THROUGH SERVICE IN THE ARMED 
                   FORCES.

       The Secretary of Defense, in coordination with the 
     Secretary of Homeland Security, shall ensure that at each 
     Military Entrance Processing Station there is stationed or 
     employed--
       (1) an employee of U.S. Citizenship and Immigration 
     Services; or
       (2) in the case that the Secretary determines that it is 
     impracticable station or employ a person described in 
     paragraph (1) at a Military Entrance Processing Station, a 
     member of the Armed Forces or employee of the Department of 
     Defense--
       (A) whom the Secretary determines is trained in the 
     immigration laws; and
       (B) who shall inform each military recruit who is not a 
     citizen of the United States processed at such Military 
     Entrance Processing Station regarding naturalization through 
     service in the Armed Forces under sections 328 and 329 of the 
     Immigration and Nationality Act (8 U.S.C. 1439 and 1440).

[[Page S795]]

  


     SEC. ___. RETURN OF ELIGIBLE VETERANS REMOVED FROM THE UNITED 
                   STATES; ADJUSTMENT OF STATUS.

       (a) Program for Admission and Adjustment of Status.--Not 
     later than 180 days after the date of the enactment of this 
     Act, the Secretary of Homeland Security shall establish a 
     program and an application procedure that allows--
       (1) eligible veterans residing outside of the United States 
     and their covered family members to be admitted to the United 
     States as noncitizens lawfully admitted for permanent 
     residence (as defined in section 101(a)(20) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(20))); and
       (2) eligible veterans in the United States and their 
     covered family members to adjust their status to that of 
     noncitizens lawfully admitted for permanent residence.
       (b) Veterans Ordered Removed.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, in the case of noncitizen veterans 
     and their covered family members who are the subjects of 
     final orders of removal, including noncitizen veterans and 
     covered family members who are outside the United States, the 
     Attorney General shall--
       (A) reopen the removal proceedings of each such noncitizen 
     veteran and covered family member; and
       (B) make a determination with respect to whether each such 
     noncitizen veteran is an eligible veteran.
       (2) Rescission of removal order.--In the case of a 
     determination under paragraph (1)(B) that a noncitizen 
     veteran is an eligible veteran, the Attorney General shall--
       (A) rescind the order of removal with respect to such 
     noncitizen and his or her covered family members;
       (B) adjust the status of the eligible veteran and his or 
     her covered family members to that of noncitizens lawfully 
     admitted for permanent residence; and
       (C) terminate removal proceedings with respect to such 
     noncitizen and covered family members.
       (c) Veterans in Removal Proceedings.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, in the case of noncitizen 
     veterans, the removal proceedings of whom are pending as of 
     the date of the enactment of this Act, the Attorney General 
     shall make a determination with respect to whether each such 
     noncitizen veteran is an eligible veteran.
       (2) Termination of proceedings.--In the case of a 
     determination under paragraph (1) that a noncitizen veteran 
     is an eligible veteran, the Attorney General shall--
       (A) adjust the status of such eligible veteran and his or 
     her covered family members to reinstate that of noncitizens 
     lawfully admitted for permanent residence; and
       (B) terminate removal proceedings with respect to such 
     eligible veteran and covered family members.
       (d) No Numerical Limitations.--Nothing in this section or 
     in any other law may be construed to apply a numerical 
     limitation on the number of veterans who may be eligible to 
     receive a benefit under this section.
       (e) Eligibility.--
       (1) In general.--Notwithstanding sections 212 and 237 of 
     the Immigration and Nationality Act (8 U.S.C. 1182 and 1227) 
     or any other provision of law, a noncitizen veteran and his 
     or her covered family members shall be eligible to 
     participate in the program established under subsection (a) 
     or for adjustment of status under subsections (b) or (c), as 
     applicable, if the Secretary or the Attorney General, as 
     applicable, determines that the noncitizen veteran or covered 
     family members--
       (A) were not removed or ordered removed from the United 
     States based on a conviction for--
       (i) a crime of violence; or
       (ii) a crime that endangers the national security of the 
     United States for which the noncitizen veteran has served a 
     term of imprisonment of at least 5 years; and
       (B) are not inadmissible to, or deportable from, the United 
     States based on a conviction for a crime described in 
     subparagraph (A).
       (2) Waiver.--The Secretary may waive the application of 
     paragraph (1)--
       (A) for humanitarian purposes;
       (B) to ensure family unity;
       (C) based on exceptional service in the Armed Forces; or
       (D) if a waiver otherwise is in the public interest.

     SEC. ___. ESTABLISHING GOOD MORAL CHARACTER OF APPLICANTS FOR 
                   CITIZENSHIP WHO SERVED HONORABLY IN THE ARMED 
                   FORCES OF THE UNITED STATES.

       Section 328(e) of the Immigration and Nationality Act (8 
     U.S.C. 1439(e)) is amended by adding at the end the 
     following: ``Notwithstanding section 101(f), a finding that 
     an applicant under this section or under section 329 is 
     described in any of paragraphs (1) through (8) of section 
     101(f) (except in the case of an applicant who is described 
     in any such paragraph because of having been convicted of an 
     aggravated felony described in subparagraph (A), (I), (K), or 
     (L) of section 101(a)(43)) shall not preclude a finding that 
     the applicant is of good moral character.''.
                                 ______
                                 
  SA 1575. Mr. PADILLA submitted an amendment intended to be proposed 
to amendment SA 1388 proposed by Mrs. Murray (for herself and Mr. 
Schumer) to the bill H.R. 815, to amend title 38, United States Code, 
to make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end, add the following:

       DIVISION C--VETERAN DEPORTATION PREVENTION AND REFORM ACT

     SEC. 4001. SHORT TITLE.

       This division may be cited as the ``Veteran Deportation 
     Prevention and Reform Act''.

     SEC. 4002. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) military service to the United States is a sacrifice 
     that demonstrates loyalty to our Nation;
       (2) a noncitizen who takes an oath of enlistment or an oath 
     of office to join the United States Armed Forces, by 
     promising to support and defend the Constitution of the 
     United States against all enemies, foreign and domestic, 
     deserves facilitated access to naturalization;
       (3) each noncitizen described in paragraph (2) and his or 
     her immediate family members deserve consideration for the 
     exercise of prosecutorial discretion in immigration removal 
     proceedings; and
       (4) a noncitizen veteran who is deported after 
     consideration under this division should be provided the same 
     veterans' benefits to which a similarly situated United 
     States citizen veteran would be entitled.

     SEC. 4003. DEFINITIONS.

       In this division:
       (1) Advisory committee.--The term ``Advisory Committee'' 
     means the Military Family Immigration Advisory Committee 
     established pursuant to section 4008.
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Armed Services of the Senate;
       (B) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (C) the Committee on the Judiciary of the Senate;
       (D) the Committee on Veterans' Affairs of the Senate;
       (E) the Committee on Armed Services of the House of 
     Representatives;
       (F) the Committee on Homeland Security of the House of 
     Representatives;
       (G) the Committee on the Judiciary of the House of 
     Representatives; and
       (H) the Committee on Veterans' Affairs of the House of 
     Representatives.
       (3) Armed forces.--The term ``Armed Forces'' has the 
     meaning given the term ``armed forces'' in section 101(a)(4) 
     of title 10, United States Code, and includes the reserve 
     components of the Armed Forces.
       (4) Advisory committee.--The term ``Advisory Committee'' 
     means the Military Family Immigration Advisory Committee 
     established pursuant to section 4008.
       (5) Covered family member.--The term ``covered family 
     member'' means the noncitizen spouse, noncitizen parent, or 
     noncitizen minor child of--
       (A) a member of the Armed Forces serving on active duty or 
     in a reserve component; or
       (B) a veteran.
       (6) Crime of violence.--The term ``crime of violence'' 
     means an offense defined in section 16(a) of title 18, United 
     States Code--
       (A) that is not a purely political offense; and
       (B) for which a noncitizen has served a term of 
     imprisonment of at least 5 years.
       (7) Eligible veteran.--
       (A) In general.--The term ``eligible veteran'' means a 
     veteran who--
       (i) is a noncitizen; and
       (ii) meets the criteria described in section 4012(e).
       (B) Inclusion.--The term ``eligible veteran'' includes a 
     veteran who--
       (i) was removed from the United States; or
       (ii) is abroad and is inadmissible under section 212(a) of 
     the Immigration and Nationality Act (8 U.S.C. 1182(a)).
       (8) Immigration laws.--The term ``immigration laws'' has 
     the meaning given such term in section 101 of the Immigration 
     and Nationality Act (8 U.S.C. 1101).
       (9) Noncitizen.--The term ``noncitizen'' means an 
     individual who is not a citizen or national of the United 
     States (as defined in section 101(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a))).
       (10) Veteran.--The term ``veteran'' means a person who 
     served as a member of the Armed Forces on active duty or in a 
     reserve component and who was discharged or released from 
     such service under conditions other than dishonorable.

     SEC. 4004. IDENTIFICATION OF MEMBERS OF THE ARMED FORCES, 
                   VETERANS, AND COVERED FAMILY MEMBERS IN REMOVAL 
                   PROCEEDINGS.

       (a) In General.--No Federal agency may initiate removal 
     proceedings or reinstatement of a removal order without first 
     asking the individual, and recording the answer in a 
     searchable electronic database, whether such individual is--
       (1) a member of the Armed Forces serving on active duty or 
     in a reserve component;
       (2) a veteran; or
       (3) a covered family member.
       (b) Transfer of Case Files.--The Director of U.S. 
     Immigration and Customs Enforcement, the Director of U.S. 
     Citizenship and Immigration Services, and the Commissioner

[[Page S796]]

     of U.S. Customs and Border Patrol, as applicable, shall 
     transfer a copy of the complete case file of any individual 
     identified under subsection (a), immediately after such 
     identification, to the Advisory Committee.
       (c) Limitation on Removal.--Notwithstanding any other 
     provision of law, an individual described in subsection (a) 
     may not be ordered removed or removed until the Military 
     Family Immigration Advisory Committee has provided 
     recommendations with respect to such individual to the 
     Secretary of Homeland Security and to the Attorney General in 
     accordance with section 4008.
       (d) Prohibition of Detention During Advisory Committee 
     Review.--Notwithstanding any other provision of law, no 
     individual described in paragraph (1), (2), or (3) of 
     subsection (a) may be detained by the Department of Homeland 
     Security while the Advisory Committee is reviewing his or her 
     case unless such individual poses a danger to public safety 
     or national security.

     SEC. 4005. STUDY AND REPORT ON NONCITIZEN VETERANS REMOVED 
                   FROM THE UNITED STATES.

       (a) Study Required.--Not later than 1 year after the date 
     of the enactment of this Act, the Secretary of Defense, the 
     Secretary of Homeland Security, and the Secretary of Veterans 
     Affairs shall jointly carry out a study of noncitizen 
     veterans of the Armed Forces who were removed from the United 
     States during the period beginning on January 1, 1990, and 
     ending on the date of the enactment of this Act, which shall 
     include--
       (1) the number of noncitizens removed by U.S. Immigration 
     and Customs Enforcement or the Immigration and Naturalization 
     Service during the period covered by the report who served on 
     active duty in the Armed Forces or in a reserve component of 
     the Armed Forces;
       (2) for each noncitizen described in paragraph (1)--
       (A) the country of origin of the noncitizen;
       (B) the length of time the noncitizen served as a member of 
     the Armed Forces;
       (C) the number of covered family members of the noncitizen, 
     as applicable;
       (D) the grounds for removal under section 212(a) or 237(a) 
     of the Immigration and Nationality Act (8 U.S.C. 1182(a) and 
     1227(a)), as applicable;
       (E) whether the noncitizen appealed the removal order;
       (F) whether the noncitizen was detained; and
       (G) whether the noncitizen was represented by a lawyer;
       (3) the number of noncitizens described in paragraph (1) 
     who--
       (A) were discharged or released from service under 
     honorable conditions;
       (B) were deployed overseas;
       (C) served on active duty in the Armed Forces in an 
     overseas contingency operation;
       (D) were awarded military decorations, campaign medals, or 
     service medals;
       (E) applied for benefits under laws administered by the 
     Secretary of Veterans Affairs; or
       (F) are receiving benefits described in subparagraph (E);
       (4) a description of the reasons preventing any of the 
     noncitizens who applied for benefits described in paragraph 
     (3)(E) from receiving such benefits;
       (5) the number of noncitizens who--
       (A) currently serve or previously served as a member of the 
     Armed Forces; and
       (B) are currently in removal proceedings; and
       (6) for each noncitizen described in paragraph (5), the 
     grounds for inadmissibility or deportability under section 
     212(a) or 237(a) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a) and 1227(a)), as applicable.
       (b) Report.--Not later than 90 days after the date of the 
     completion of the study required under subsection (a), the 
     Secretary of Defense, the Secretary of Homeland Security, and 
     the Secretary of Veterans Affairs shall jointly submit a 
     report containing the results of such study to the 
     appropriate congressional committees.

     SEC. 4006. INFORMATION REGARDING VETERANS SUBJECT TO REMOVAL 
                   PROCEEDINGS.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     shall create a system to maintain information, that is shared 
     across the Department of Homeland Security (including 
     Enforcement and Removal Operations, the Office of the 
     Principal Legal Advisor, and Homeland Security 
     Investigations), regarding potentially removable noncitizen 
     veterans (including the names and last known addresses of 
     such individuals) and removal proceedings with respect to any 
     such individual, for the purpose of ensuring that service in 
     the Armed Forces of any such individual is taken into 
     consideration during any adjudication under the immigration 
     laws with respect to such individual, including--
       (1) information collected pursuant to the protocol 
     established under section 4007(a);
       (2) information regarding the covered family members of the 
     noncitizens described in section 4007(a)(1); and
       (3) information provided by the Secretary of Defense 
     pursuant subsection (b).
       (b) Provision of Information by Department of Defense.--Not 
     later than 30 days after a noncitizen veteran is honorably 
     discharged from the Armed Forces, the Secretary of Defense 
     shall provide to the Secretary of Homeland Security a copy of 
     the Certificate of Release or Discharge from Active Duty 
     form, or other discharge documents from a Reserve Component, 
     for inclusion in the system established pursuant to 
     subsection (a).
       (c) Confidentiality.--Information collected under this 
     section or under section 4007 may not be disclosed for 
     purposes of immigration enforcement.

     SEC. 4007. PROTOCOL FOR IDENTIFYING NONCITIZEN VETERANS.

       (a) In General.--Not later than the last day of the first 
     fiscal year beginning after the date of the enactment of this 
     Act, the Secretary of Homeland Security shall establish--
       (1) a protocol, which shall be known as the ``Immigrant 
     Veterans Eligibility Tracking System'' or ``I-VETS'', for--
       (A) identifying noncitizens who are or may be veterans and 
     the covered family members of such veterans; and
       (B) collecting and maintaining data, for use by U.S. 
     Immigration and Customs Enforcement, with respect to such 
     veterans and covered family members who are--
       (i) are in removal proceedings; or
       (ii) have been removed;
       (2) best practices with respect to addressing issues 
     related to the removal of any noncitizen or covered family 
     member described in paragraph (1); and
       (3) an annual training program with respect to the protocol 
     and best practices established under paragraphs (1) and (2).
       (b) Training.--Beginning in the first fiscal year that 
     begins after the Secretary of Homeland Security completes the 
     requirements under subsection (a), personnel of U.S. 
     Immigration and Customs Enforcement and U.S. Citizenship and 
     Immigration Services shall annually participate in the 
     training program on the protocol and best practices developed 
     pursuant to subsection (a).

     SEC. 4008. MILITARY FAMILY IMMIGRATION ADVISORY COMMITTEE.

       (a) Establishment.--The Secretary of Homeland Security, in 
     consultation with the Secretary of Defense and in cooperation 
     with the Secretary of the Army, the Secretary of the Navy, 
     the Secretary of the Air Force, and the Commandant of the 
     Coast Guard, shall establish the Military Family Immigration 
     Advisory Committee to provide recommendations to the 
     Secretary of Homeland Security and the Attorney General 
     regarding the exercise of prosecutorial discretion in cases 
     involving removal proceedings of individuals described in 
     section 4004(a).
       (b) Membership.--The Advisory Committee shall be composed 
     of the following officers of the Armed Forces:
       (1) The Deputy Commanding General of Army Human Resources 
     Command, or designee.
       (2) The Judge Advocate of the Army, or designee.
       (3) The Deputy Commander of Navy Personnel Command, or 
     designee.
       (4) The Judge Advocate of the Navy, or designee.
       (5) The Vice Chief of Staff of the Air Force.
       (6) The Judge Advocate of the Air Force, or designee.
       (7) The Deputy Commandant for Mission Support of the Coast 
     Guard.
       (8) The Judge Advocate of the Coast Guard, or designee.
       (9) The Deputy Commandant of Manpower and Reserve Affairs 
     of the Marine Corps, or designee.
       (10) The Chief of Space Operations.
       (c) Case Reviews.--
       (1) In general.--Not later than 30 days after the Director 
     of U.S. Immigration and Customs Enforcement notifies the 
     Advisory Committee of an individual described in section 
     4004(a), the Advisory Committee shall meet to review the case 
     and to provide a written recommendation to the Secretary of 
     Homeland Security and to such individual regarding whether 
     the individual--
       (A) notwithstanding the grounds for removal asserted by 
     U.S. Immigration and Customs Enforcement, should be granted--
       (i) a dismissal or termination of removal procedures;
       (ii) a stay of removal or cancellation of removal and 
     allowed to apply for asylum;
       (iii) an adjustment of status to that of an alien lawfully 
     admitted for permanent residence;
       (iv) deferred action;
       (v) parole; or
       (vi) other applicable immigration relief; or
       (B) should be removed from the United States.
       (2) Submission of information.--An individual who is the 
     subject of a case review under paragraph (1) may submit 
     information to the Advisory Committee, which shall be 
     considered by the Advisory Committee before making a 
     recommendation pursuant to paragraph (1).
       (3) Procedures.--In conducting each case review under 
     paragraph (1), the Advisory Committee shall consider, as 
     factors weighing in favor of a recommendation under paragraph 
     (1)(A)--
       (A) with respect to a member of the Armed Forces serving on 
     active duty or in a reserve component, whether the 
     individual--
       (i) took an oath of enlistment or an oath of office;
       (ii) received military decorations, campaign medals, or 
     service medals, was deployed, or was otherwise evaluated for 
     merit in service during his or her service in the Armed 
     Forces;
       (iii) is a national of a country that prohibits 
     repatriation of an individual after any service in the Armed 
     Forces;

[[Page S797]]

       (iv) contributed to his or her local community during his 
     or her service in the Armed Forces; and
       (v) is a national of a country that--

       (I) persecutes members or veterans of the United States 
     military;
       (II) is home to criminal organizations that target and 
     recruit veterans of the United States military; or
       (III) has hostile relations with the United States; or

       (B) with respect to a veteran, whether the individual--
       (i) took an oath of enlistment or an oath of office;
       (ii) completed a term of service in the Armed Forces and 
     was discharged under conditions other than dishonorable;
       (iii) received military decorations, campaign medals, or 
     service medals, was deployed, or was otherwise evaluated for 
     merit in service during his or her service in the Armed 
     Forces;
       (iv) is a national of a country that prohibits repatriation 
     of an individual after any service in the Armed Forces;
       (v) contributed to his or her local community during or 
     after his or her service in the Armed Forces; or
       (vi) is a national of a country that--

       (I) persecutes members or veterans of the United States 
     military;
       (II) is home to criminal organizations that target and 
     recruit veterans of the Unites States military; or
       (III) has hostile relations with the United States; and

       (C) with respect to a covered family member, whether the 
     individual--
       (i) supported a member of the Armed Forces serving on 
     active duty or a veteran, including through financial 
     support, emotional support, or caregiving; or
       (ii) contributed to his or her local community during or 
     after the military service of the member or of the veteran.
       (4) Presumption in favor of following advisory committee 
     recommendation.--The Secretary of Homeland Security shall 
     follow the recommendations received from the Advisory 
     Committee pursuant to paragraph (1) with respect to 
     individuals in removal proceedings unless the Secretary, on a 
     case-by-case basis--
       (A) issues a written determination that a recommendation 
     regarding an individual described in section 4004(a) is 
     unjustified; and
       (B) provides such written determination to such individual.
       (d) Consultation With Principal Legal Advisor of U.S. 
     Immigration and Customs Enforcement.--The Principal Legal 
     Advisor of U.S. Immigration and Customs Enforcement, or 
     designee, shall consult with the Advisory Committee at the 
     request of members of the Advisory Committee.
       (e) Briefings on Unsuitability of Noncitizen Members of the 
     Armed Forces.--The Under Secretary of Defense for Personnel 
     and Readiness shall provide detailed briefings to the 
     Advisory Committee regarding the reasons for determining the 
     unsuitability of noncitizen members of the Armed Forces whose 
     cases are being considered by the Advisory Committee.
       (f) Briefings on Actions in Response to Recommendations.--
     Not less frequently than quarterly, the Secretary of Homeland 
     Security shall provide detailed briefings to the Advisory 
     Committee regarding actions taken in response to the 
     recommendations of the Advisory Committee, including detailed 
     explanations for any cases in which a recommendation of the 
     Advisory Committee was not followed.
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.

     SEC. 4009. LIST OF COUNTRIES UNWILLING TO REPATRIATE UNITED 
                   STATES VETERANS.

       The Secretary of Homeland Security, in consultation with 
     the Secretary of State, shall compile, and annually update, a 
     list of countries that refuse to repatriate nationals of such 
     country who have enlisted or been appointed in the United 
     States Armed Forces.

     SEC. 4010. PROGRAM OF CITIZENSHIP THROUGH MILITARY SERVICE.

       (a) In General.--The Secretary of Homeland Security, acting 
     through the Director of U.S. Citizenship and Immigration 
     Services, and the Secretary of Defense shall jointly carry 
     out a program under which any individual noncitizen who 
     serves in the Armed Forces, and the covered family members of 
     such noncitizen, shall be naturalized as a United States 
     citizen if such individual, and such covered family members, 
     submit an application for naturalization and are not 
     otherwise ineligible for citizenship under the immigration 
     laws.
       (b) JAG Training.--The Secretary of Defense shall ensure 
     that appropriate members of the Judge Advocate General Corps 
     of the Armed Forces shall receive training to function as 
     liaisons with U.S. Citizenship and Immigration Services with 
     respect to applications for citizenship of noncitizen members 
     of the Armed Forces assigned to units in such areas.
       (c) Training for Recruiters.--The Secretary of Defense 
     shall ensure that all recruiters in the Armed Forces receive 
     training regarding--
       (1) the steps required for a noncitizen member of the Armed 
     Forces to become a naturalized United States citizen;
       (2) limitations on the path to citizenship for family 
     members of such noncitizens; and
       (3) points of contact at the Department of Homeland 
     Security to resolve emergency immigration-related situations 
     with respect to such noncitizens and family members.
       (d) Application for Naturalization.--
       (1) Biometrics.--
       (A) Submission of biometric information.--The Secretary of 
     Defense shall ensure that, at the time of accession into the 
     Armed Forces, biometric information of an individual who has 
     applied, or who plans to apply, for naturalization is 
     submitted to U.S. Citizenship and Immigration Services for 
     the purposes of such application.
       (B) Acceptance of biometric information.--The Director of 
     U.S. Citizenship and Immigration Services shall accept any 
     biometric information submitted pursuant to subparagraph (A).
       (2) Filing of application.--The Secretary of Homeland 
     Security, in coordination with the Secretary of Defense, 
     shall ensure that each noncitizen individual who accesses 
     into the Armed Forces is permitted to file an application for 
     naturalization as part of the accessions process.
       (3) Adjudication of application.--The Secretary of Homeland 
     Security, in coordination with the Secretary of Defense, 
     shall ensure that the application for naturalization of any 
     individual who applies for naturalization during the 
     accessions process into the Armed Forces is adjudicated not 
     later than the last day of active service of such individual 
     in the Armed Forces.
       (e) Annual Reports.--The Secretary of each military 
     department shall submit an annual report to the appropriate 
     congressional committees regarding--
       (1) the number of all noncitizens who enlisted or were 
     appointed in their department;
       (2) the number of members of the Armed Forces in their 
     department who have become naturalized United States 
     citizens; and
       (3) the number of members of the Armed Forces in their 
     department who were discharged or released without United 
     States citizenship under the jurisdiction of such Secretary 
     during the preceding year.

     SEC. 4011. INFORMATION FOR MILITARY RECRUITS REGARDING 
                   NATURALIZATION THROUGH SERVICE IN THE ARMED 
                   FORCES.

       The Secretary of Defense, in coordination with the 
     Secretary of Homeland Security, shall ensure that at each 
     Military Entrance Processing Station there is stationed or 
     employed--
       (1) an employee of U.S. Citizenship and Immigration 
     Services; or
       (2) in the case that the Secretary determines that it is 
     impracticable station or employ a person described in 
     paragraph (1) at a Military Entrance Processing Station, a 
     member of the Armed Forces or employee of the Department of 
     Defense--
       (A) whom the Secretary determines is trained in the 
     immigration laws; and
       (B) who shall inform each military recruit who is not a 
     citizen of the United States processed at such Military 
     Entrance Processing Station regarding naturalization through 
     service in the Armed Forces under sections 328 and 329 of the 
     Immigration and Nationality Act (8 U.S.C. 1439 and 1440).

     SEC. 4012. RETURN OF ELIGIBLE VETERANS REMOVED FROM THE 
                   UNITED STATES; ADJUSTMENT OF STATUS.

       (a) Program for Admission and Adjustment of Status.--Not 
     later than 180 days after the date of the enactment of this 
     Act, the Secretary of Homeland Security shall establish a 
     program and an application procedure that allows--
       (1) eligible veterans residing outside of the United States 
     and their covered family members to be admitted to the United 
     States as noncitizens lawfully admitted for permanent 
     residence (as defined in section 101(a)(20) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(20))); and
       (2) eligible veterans in the United States and their 
     covered family members to adjust their status to that of 
     noncitizens lawfully admitted for permanent residence.
       (b) Veterans Ordered Removed.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, in the case of noncitizen veterans 
     and their covered family members who are the subjects of 
     final orders of removal, including noncitizen veterans and 
     covered family members who are outside the United States, the 
     Attorney General shall--
       (A) reopen the removal proceedings of each such noncitizen 
     veteran and covered family member; and
       (B) make a determination with respect to whether each such 
     noncitizen veteran is an eligible veteran.
       (2) Rescission of removal order.--In the case of a 
     determination under paragraph (1)(B) that a noncitizen 
     veteran is an eligible veteran, the Attorney General shall--
       (A) rescind the order of removal with respect to such 
     noncitizen and his or her covered family members;
       (B) adjust the status of the eligible veteran and his or 
     her covered family members to that of noncitizens lawfully 
     admitted for permanent residence; and
       (C) terminate removal proceedings with respect to such 
     noncitizen and covered family members.
       (c) Veterans in Removal Proceedings.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, in the case of noncitizen 
     veterans, the removal proceedings of whom are pending as of 
     the date of the enactment of this Act, the Attorney General 
     shall make a determination with respect to whether each such 
     noncitizen veteran is an eligible veteran.
       (2) Termination of proceedings.--In the case of a 
     determination under paragraph (1)

[[Page S798]]

     that a noncitizen veteran is an eligible veteran, the 
     Attorney General shall--
       (A) adjust the status of such eligible veteran and his or 
     her covered family members to reinstate that of noncitizens 
     lawfully admitted for permanent residence; and
       (B) terminate removal proceedings with respect to such 
     eligible veteran and covered family members.
       (d) No Numerical Limitations.--Nothing in this section or 
     in any other law may be construed to apply a numerical 
     limitation on the number of veterans who may be eligible to 
     receive a benefit under this section.
       (e) Eligibility.--
       (1) In general.--Notwithstanding sections 212 and 237 of 
     the Immigration and Nationality Act (8 U.S.C. 1182 and 1227) 
     or any other provision of law, a noncitizen veteran and his 
     or her covered family members shall be eligible to 
     participate in the program established under subsection (a) 
     or for adjustment of status under subsections (b) or (c), as 
     applicable, if the Secretary or the Attorney General, as 
     applicable, determines that the noncitizen veteran or covered 
     family members--
       (A) were not removed or ordered removed from the United 
     States based on a conviction for--
       (i) a crime of violence; or
       (ii) a crime that endangers the national security of the 
     United States for which the noncitizen veteran has served a 
     term of imprisonment of at least 5 years; and
       (B) are not inadmissible to, or deportable from, the United 
     States based on a conviction for a crime described in 
     subparagraph (A).
       (2) Waiver.--The Secretary may waive the application of 
     paragraph (1)--
       (A) for humanitarian purposes;
       (B) to ensure family unity;
       (C) based on exceptional service in the Armed Forces; or
       (D) if a waiver otherwise is in the public interest.

     SEC. 4013. ESTABLISHING GOOD MORAL CHARACTER OF APPLICANTS 
                   FOR CITIZENSHIP WHO SERVED HONORABLY IN THE 
                   ARMED FORCES OF THE UNITED STATES.

       Section 328(e) of the Immigration and Nationality Act (8 
     U.S.C. 1439(e)) is amended by adding at the end the 
     following: ``Notwithstanding section 101(f), a finding that 
     an applicant under this section or under section 329 is 
     described in any of paragraphs (1) through (8) of section 
     101(f) (except in the case of an applicant who is described 
     in any such paragraph because of having been convicted of an 
     aggravated felony described in subparagraph (A), (I), (K), or 
     (L) of section 101(a)(43)) shall not preclude a finding that 
     the applicant is of good moral character.''.
                                 ______
                                 
  SA 1576. Mr. PADILLA (for himself, Mr. Heinrich, Mrs. Gillibrand, Ms. 
Warren, Mr. Durbin, Mr. Booker, Mr. Bennet, Ms. Duckworth, and Ms. 
Butler) submitted an amendment intended to be proposed to amendment SA 
1388 proposed by Mrs. Murray (for herself and Mr. Schumer) to the bill 
H.R. 815, to amend title 38, United States Code, to make certain 
improvements relating to the eligibility of veterans to receive 
reimbursement for emergency treatment furnished through the Veterans 
Community Care program, and for other purposes; which was ordered to 
lie on the table; as follows:

        At the end of title III of division A, add the following:

                   U.S. CUSTOMS AND BORDER PROTECTION

                         operations and support

                     (including transfer of funds)

       For an additional amount for ``U.S. Customs and Border 
     Protection--Operations and Support'', $5,000,000,000, to be 
     transferred to ``Federal Emergency Management Agency--Federal 
     Assistance'', to remain available until September 30, 2025, 
     to support sheltering and related activities provided by non-
     Federal entities through the Shelter and Services Program of 
     the Federal Emergency Management Agency:  Provided, that 
     eligibility to receive such amounts shall not be limited to 
     entities that have previously received or applied for funding 
     from the Shelter and Services Program or the Emergency Food 
     and Shelter-Humanitarian Program of the Federal Emergency 
     Management Agency:  Provided further, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.
                                 ______
                                 
  SA 1577. Mr. SCHUMER proposed an amendment to amendment SA 1388 
proposed by Mrs. Murray (for herself and Mr. Schumer) to the bill H.R. 
815, to amend title 38, United States Code, to make certain 
improvements relating to the eligibility of veterans to receive 
reimbursement for emergency treatment furnished through the Veterans 
Community Care program, and for other purposes; as follows:

       At the appropriate place add the following:

     SEC. EFFECTIVE DATE.

       This Act shall take effect on the date that is 1 day after 
     the date of enactment of this Act.
                                 ______
                                 
  SA 1578. Mr. SCHUMER proposed an amendment to amendment SA 1577 
proposed by Mr. Schumer to the amendment SA 1388 proposed by Mrs. 
Murray (for herself and Mr. Schumer) to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; as follows:

       On page 1, line 3, strike ``1 day'' and insert ``2 days''.
                                 ______
                                 
  SA 1579. Mr. SCHUMER proposed an amendment to amendment SA 1388 
proposed by Mrs. Murray (for herself and Mr. Schumer) to the bill H.R. 
815, to amend title 38, United States Code, to make certain 
improvements relating to the eligibility of veterans to receive 
reimbursement for emergency treatment furnished through the Veterans 
Community Care program, and for other purposes; as follows:

       At the appropriate place add the following:

     SEC. EFFECTIVE DATE.

       This Act shall take effect on the date that is 3 days after 
     the date of enactment of this Act.
                                 ______
                                 
  SA 1580. Mr. SCHUMER proposed an amendment to amendment SA 1579 
proposed by Mr. Schumer to the amendment SA 1388 proposed by Mrs. 
Murray (for herself and Mr. Schumer) to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; as follows:

       On page 1, line 3, strike ``3 days'' and insert ``4 days''.
                                 ______
                                 
  SA 1581. Mr. SCHUMER proposed an amendment to the bill H.R. 815, to 
amend title 38, United States Code, to make certain improvements 
relating to the eligibility of veterans to receive reimbursement for 
emergency treatment furnished through the Veterans Community Care 
program, and for other purposes; as follows:

       At the appropriate place add the following:

     SEC. EFFECTIVE DATE.

       This Act shall take effect on the date that is 5 days after 
     the date of enactment of this Act.
                                 ______
                                 
  SA 1582. Mr. SCHUMER proposed an amendment to amendment SA 1581 
proposed by Mr. Schumer to the bill H.R. 815, to amend title 38, United 
States Code, to make certain improvements relating to the eligibility 
of veterans to receive reimbursement for emergency treatment furnished 
through the Veterans Community Care program, and for other purposes; as 
follows:

       On page 1, line 3, strike ``5 days'' and insert ``6 days''.
                                 ______
                                 
  SA 1583. Mr. SCHUMER proposed an amendment to amendment SA 1582 
proposed by Mr. Schumer to the amendment SA 1581 proposed by Mr. 
Schumer to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; as follows:

       On page 1, line 1, strike ``6 days'' and insert ``7 days''.
                                 ______
                                 
  SA 1584. Mr. LEE (for Mr. Budd) submitted an amendment intended to be 
proposed by Mr. Lee to the bill H.R. 815, to amend title 38, United 
States Code, to make certain improvements relating to the eligibility 
of veterans to receive reimbursement for emergency treatment furnished 
through the Veterans Community Care program, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                 Subtitle __--Improving Border Security

     SEC. __1. RESUMING CONSTRUCTION OF BARRIERS AND ROADS ALONG 
                   THE SOUTHWEST BORDER.

       (a) Definitions.--In this section:
       (1) Physical barriers.--The term ``physical barriers'' 
     includes reinforced fencing, border barrier system, and levee 
     walls.
       (2) Tactical infrastructure.--The term ``tactical 
     infrastructure'' includes boat ramps, access gates, 
     checkpoints, lighting, and roads.
       (3) Technology.--The term ``technology'' means border 
     surveillance and detection technology, including--

[[Page S799]]

       (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; and
       (H) other border detection, communication, and surveillance 
     technology.
       (b) In General.--
       (1) Immediate resumption of border barrier construction.--
     Not later than 24 hours after the date of the enactment of 
     this Act, the Secretary of Homeland Security shall resume any 
     project relating to the construction of physical barriers, 
     tactical infrastructure, and technology along the 
     international border between the United States and Mexico 
     that were underway, or being planned, before January 20, 
     2021.
       (2) No cancellations.--The Secretary may not cancel any 
     contract for activities related to the construction of the 
     border barrier system that was entered into on or before 
     January 20, 2021.
       (3) Use of funds.--To carry out this section, the Secretary 
     shall expend all funds appropriated or explicitly obligated 
     for use beginning on or after October 1, 2016, for the 
     construction of the border barrier system.
       (c) Uphold Negotiated Agreements.--The Secretary of 
     Homeland Security shall ensure that all written agreements 
     relating to current or future construction of the border 
     barrier system in which the Department of Homeland Security 
     is a party are honored by the Department in accordance with 
     the terms of such agreements.

     SEC. __2. STRENGTHENING THE REQUIREMENTS FOR BARRIERS ALONG 
                   THE SOUTHERN BORDER.

       Section 102 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (Division C of Public Law 104-208; 
     8 U.S.C. 1103 note) is amended--
       (1) by amending subsection (a) to read as follows:
       ``(a) In General.--The Secretary of Homeland Security shall 
     take such actions as may be necessary (including the removal 
     of obstacles to detection of illegal entrants) to design, 
     test, construct, install, deploy, integrate, and operate 
     physical barriers, tactical infrastructure, and technology in 
     the vicinity of the southwest border to achieve situational 
     awareness and operational control of the southwest border and 
     deter, impede, and detect unlawful activity.'';
       (2) in subsection (b)--
       (A) in the subsection heading, by striking ``Fencing and 
     Road Improvements'' and inserting ``Physical Barriers'';
       (B) in paragraph (1)--
       (i) in the heading, by striking ``fencing'' and inserting 
     ``barriers'';
       (ii) by amending subparagraph (A) to read as follows:
       ``(A) Reinforced barriers.--In carrying out this section, 
     the Secretary of Homeland Security shall construct a border 
     wall, including physical barriers, tactical infrastructure, 
     and technology, along not fewer than 900 miles of the 
     southwest border until situational awareness and operational 
     control of the southwest border is achieved.'';
       (iii) by amending subparagraph (B) to read as follows:
       ``(B) Physical barriers and tactical infrastructure.--In 
     carrying out this section, the Secretary of Homeland Security 
     shall deploy along the southwest border the most practical 
     and effective physical barriers, tactical infrastructure, and 
     technology available for achieving situational awareness and 
     operational control of the southwest border.'';
       (iv) in subparagraph (C)--

       (I) by amending clause (i) to read as follows:

       ``(i) In general.--In carrying out this section, the 
     Secretary of Homeland Security shall consult with the 
     Secretary of the Interior, the Secretary of Agriculture, 
     appropriate representatives of State, Tribal, and local 
     governments, and appropriate private property owners in the 
     United States to minimize the impact on natural resources, 
     commerce, and sites of historical or cultural significance 
     for the communities and residents located near the sites at 
     which physical barriers, tactical infrastructure, and 
     technology are to be constructed. Such consultation may not 
     delay such construction for longer than seven days.''; and

       (II) in clause (ii)--

       (aa) in subclause (I), by striking ``or'' after the 
     semicolon at the end;
       (bb) by amending subclause (II) to read as follows:

       ``(II) delay the transfer to the United States of the 
     possession of property or affect the validity of any property 
     acquisition by the United States by purchase or eminent 
     domain, or to otherwise affect the eminent domain laws of the 
     United States or of any State; or''; and

       (cc) by adding at the end the following new subclause:

       ``(III) create any right or liability for any party.''; and

       (v) by striking subparagraph (D);
       (C) in paragraph (2)--
       (i) by striking ``Attorney General'' and inserting 
     ``Secretary of Homeland Security'';
       (ii) by striking ``this subsection'' and inserting ``this 
     section''; and
       (iii) by striking ``construction of fences'' and inserting 
     ``the construction of physical barriers, tactical 
     infrastructure, and technology'';
       (D) by amending paragraph (3) to read as follows:
       ``(3) Agent safety.--In carrying out this section, the 
     Secretary of Homeland Security, when designing, testing, 
     constructing, installing, deploying, integrating, and 
     operating physical barriers, tactical infrastructure, or 
     technology, shall incorporate such safety features into such 
     design, test, construction, installation, deployment, 
     integration, or operation of such physical barriers, tactical 
     infrastructure, or technology, as the case may be, that the 
     Secretary determines are necessary to maximize the safety and 
     effectiveness of officers and agents of the Department of 
     Homeland Security or of any other Federal agency deployed in 
     the vicinity of such physical barriers, tactical 
     infrastructure, or technology.''; and
       (E) in paragraph (4), by striking ``this subsection'' and 
     inserting ``this section'';
       (3) in subsection (c)--
       (A) by amending paragraph (1) to read as follows:
       ``(1) In general.--Notwithstanding any other provision of 
     law, the Secretary of Homeland Security shall waive all legal 
     requirements necessary to ensure the expeditious design, 
     testing, construction, installation, deployment, integration, 
     operation, and maintenance of the physical barriers, tactical 
     infrastructure, and technology under this section. The 
     Secretary shall ensure the maintenance and effectiveness of 
     such physical barriers, tactical infrastructure, or 
     technology. Any such action by the Secretary shall be 
     effective upon publication in the Federal Register.'';
       (B) by redesignating paragraph (2) as paragraph (3); and
       (C) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2) Notification.--Not later than seven days after the 
     date on which the Secretary of Homeland Security exercises a 
     waiver pursuant to paragraph (1), the Secretary shall notify 
     the Committee on Homeland Security of the House of 
     Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate of such waiver.''; and
       (4) by adding at the end the following new subsections:
       ``(e) Technology.--In carrying out this section, the 
     Secretary of Homeland Security shall deploy along the 
     southwest border the most practical and effective technology 
     available for achieving situational awareness and operational 
     control.
       ``(f) Definitions.--In this section:
       ``(1) Advanced unattended surveillance sensors.--The term 
     `advanced unattended surveillance sensors' means sensors that 
     utilize an onboard computer to analyze detections in an 
     effort to discern between vehicles, humans, and animals, and 
     ultimately filter false positives prior to transmission.
       ``(2) Operational control.--The term `operational control' 
     has the meaning given such term in section 2(b) of the Secure 
     Fence Act of 2006 (Public Law 109-367; 8 U.S.C. 1701 note).
       ``(3) Physical barriers.--The term `physical barriers' 
     includes reinforced fencing, the border wall, and levee 
     walls.
       ``(4) Situational awareness.--The term `situational 
     awareness' has the meaning given such term in section 
     1092(a)(7) of the National Defense Authorization Act for 
     Fiscal Year 2017 (Public Law 114-328; 6 U.S.C. 223(a)(7)).
       ``(5) Tactical infrastructure.--The term `tactical 
     infrastructure' includes boat ramps, 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. __3. CODIFYING PREVIOUSLY WAIVED LEGAL REQUIREMENTS.

       Section 102(c) of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996, as amended by section 
     __2(a)(3), is further amended by adding at the end the 
     following:
       ``(4) Previously waived legal requirements.--
       ``(A) In general.--Any project relating to the construction 
     of physical barriers, tactical infrastructure, and technology 
     along the international border between the United States and 
     Mexico shall be exempt from any law or regulation described 
     in subparagraph (B).

[[Page S800]]

       ``(B) Elements.--The laws or regulations described in this 
     subparagraph are the following:
       ``(i) An Act to facilitate the work of the Forest Service 
     (Public Law 87-869).
       ``(ii) The Administrative Procedure Act (5 U.S.C. 500 et 
     seq.).
       ``(iii) The American Indian Religious Freedom Act of 1978 
     (42 U.S.C. 1996 et seq.).
       ``(iv) The Arizona Desert Wilderness Act (6 U.S.C. 460ddd 
     et seq.).
       ``(v) The Arizona-Idaho Conservation Act of 1988 (Public 
     Law 100-696).
       ``(vi) The Bald and Golden Eagle Protection Act (16 U.S.C. 
     668 et seq.).
       ``(vii) The Clean Air Act (42 U.S.C. 7401 et seq.).
       ``(viii) The Clean Water Act (33 U.S.C. 1151 et seq.).
       ``(ix) The Coastal Zone Management Act (16 U.S.C. 1451 et 
     seq.).
       ``(x) The Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
     seq.).
       ``(xi) The Endangered Species Act (16 U.S.C. 1531 et seq.).
       ``(xii) The Farmland Protection Policy Act (7 U.S.C. 4201 
     et seq.).
       ``(xiii) The Federal Cave Resources Protection Act of 1988 
     (16 U.S.C. 4301 et seq.).
       ``(xiv) The Federal Grant and Cooperative Agreement Act of 
     1977 (31 U.S.C. 6301 et seq.).
       ``(xv) The Federal Land Policy and Management Act of 1976 
     (43 U.S.C. 1701 et seq.).
       ``(xvi) The Fish and Wildlife Coordination Act (16 U.S.C. 
     662 et seq.).
       ``(xvii) The Migratory Bird Conservation Act of 1929 (16 
     U.S.C. 715 et seq.).
       ``(xviii) The Migratory Bird Treaty Act (16 U.S.C. 703 et 
     seq.).
       ``(xix) The Military Lands Withdrawal Act of 1999 (Public 
     Law 106-65).
       ``(xx) The Multiple-Use and Sustained-Yield Act of 1960 (16 
     U.S.C. 583 et seq.).
       ``(xxi) The National Environmental Policy Act (Public Law 
     91-190).
       ``(xxii) The National Fish and Wildlife Act of 1956 (16 
     U.S.C. 742a et seq.).
       ``(xxiii) The National Forest Management Act of 1976 (16 
     U.S.C. 472a et seq.).
       ``(xxiv) The National Historic Preservation Act (Public Law 
     89-665).
       ``(xxv) The National Parks and Recreation Act of 1978 
     (Public Law 95-625).
       ``(xxvi) The National Trails System Act (16 U.S.C. 1241 et 
     seq.).
       ``(xxvii) The National Wildlife Refuge System 
     Administration Act (16 U.S.C. 668dd et seq.).
       ``(xxviii) The Native American Graves Protection and 
     Repatriation Act (25 U.S.C. 3001 et seq.).
       ``(xxix) The Noise Control Act (42 U.S.C. 4901 et seq.).
       ``(xxx) The Otay Mountain Wilderness Act of 1990 (Public 
     Law 106-145).
       ``(xxxi) The Paleontological Resources Preservation Act (16 
     U.S.C. 470aaa et seq.).
       ``(xxxii) Section 10 of the Reclamation Project Act of 1939 
     (43 U.S.C. 387).
       ``(xxxiii) The Resource Conservation and Recovery Act (42 
     U.S.C. 6901 et seq.).
       ``(xxxiv) The Rivers and Harbors Act of 1899 (33 U.S.C. 403 
     et seq.).
       ``(xxxv) The Safe Drinking Water Act (42 U.S.C. 300f et 
     seq.).
       ``(xxxvi) The Sikes Act (16 U.S.C. 670a et seq.).
       ``(xxxvii) The Small Business Act (15 U.S.C. 631 et seq.).
       ``(xxxviii) The Solid Waste Disposal Act (42 U.S.C. 6901 et 
     seq.).
       ``(xxxix) The Wild and Scenic Rivers Act (16 U.S.C. 1281 et 
     seq.).
       ``(xl) The Wild Horse and Burro Act (16 U.S.C. 1331 et 
     seq.).
       ``(xli) The Wilderness Act (16 U.S.C. 1131 et seq.).
       ``(xlii) Part 125 of title 13, Code of Federal Regulations.
       ``(xliii) Sections 16.504, 16.505, 17.205, 17.207, 22.404, 
     22.404-5, and 28.102-1 of title 48, Code of Federal 
     Regulations.
       ``(xliv) Section 550 of title 40, United States Code.
       ``(xlv) Chapters 1003, 1005, 1007, 1009, 1021, 3125, 3201, 
     and 3203 of title 54, United States Code.
       ``(xlvi) Division A of subtitle III of title 54, United 
     States Code.
       ``(xlvii) Sections 100101(a), 100751(a), 102101 of title 
     54, United States Code.
       ``(xlviii) Sections 2304, 2304c, 2305, 2505a, and 2306a of 
     title 10, United States Code.
       ``(xlix) Title 41, United States Code.''.

     SEC. __4. PROHIBITION AGAINST USE OF FEDERAL FUNDS TO 
                   IMPLEMENT OR ENFORCE PRESIDENTIAL PROCLAMATION 
                   10142.

       No funds, resources, or fees made available to the 
     Secretary of Homeland Security, or to any other official of a 
     Federal agency by any Act of Congress for any fiscal year, 
     may be used to implement or enforce Presidential Proclamation 
     10142 of January 20, 2021 (86 Fed. Reg. 7225).
                                 ______
                                 
  SA 1585. Mr. LEE (for Mr. Budd) submitted an amendment intended to be 
proposed to amendment SA 1388 proposed by Mrs. Murray (for herself and 
Mr. Schumer) to the bill H.R. 815, to amend title 38, United States 
Code, to make certain improvements relating to the eligibility of 
veterans to receive reimbursement for emergency treatment furnished 
through the Veterans Community Care program, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 61, between lines 12 and 13, insert the following:
       Sec. 709.  No Federal funding appropriated to the 
     Department of Homeland Security may be disbursed to--
       (1) any State, local, Tribal, or territorial governmental 
     entity that facilitates or encourages unlawful activity, 
     including unlawful entry, human trafficking, human smuggling, 
     drug trafficking, and drug smuggling;
       (2) any State, local, Tribal, or territorial governmental 
     entity 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;
       (3) any nongovernmental organization that facilitates or 
     encourages unlawful activity, including unlawful entry, human 
     trafficking, human smuggling, drug trafficking, and drug 
     smuggling; or
       (4) 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.
                                 ______
                                 
  SA 1586. Mr. LEE (for Mr. Budd) submitted an amendment intended to be 
proposed by Mr. Lee to the bill H.R. 815, to amend title 38, United 
States Code, to make certain improvements relating to the eligibility 
of veterans to receive reimbursement for emergency treatment furnished 
through the Veterans Community Care program, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  Notwithstanding any other provision of law, the 
     Secretary of Homeland Security may not admit, parole, or 
     otherwise release an alien into the United States whose 
     country of origin is a country the government of which has 
     repeatedly provided support for acts of international 
     terrorism, as determined by the Secretary of State pursuant 
     to section 1754(c) of the Export Control Reform Act of 2018 
     (50 U.S.C. 4813(c)), section 40 of the Arms Export Control 
     Act (22 U.S.C. 2780) or section 620A of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2371), unless such alien 
     has been granted asylum by an immigration judge in accordance 
     with section 208 of the Immigration and Nationality Act (8 
     U.S.C. 1158).
                                 ______
                                 
  SA 1587. Mr. LEE (for Mr. Budd) submitted an amendment intended to be 
proposed to amendment SA 1388 proposed by Mrs. Murray (for herself and 
Mr. Schumer) to the bill H.R. 815, to amend title 38, United States 
Code, to make certain improvements relating to the eligibility of 
veterans to receive reimbursement for emergency treatment furnished 
through the Veterans Community Care program, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PROTECTING LAW ENFORCEMENT.

       (a) Short Titles.--This section may be cited as the 
     ``Protect Our Law enforcement with Immigration Control and 
     Enforcement Act of 2024'' or the ``POLICE Act of 2024''.
       (b) Assault of Law Enforcement Officer.--Section 237(a)(2) 
     of the Immigration and Nationality Act (8 U.S.C. 1227(a)(2)) 
     is amended by adding at the end the following:
       ``(G) Assault of law enforcement officer.--
       ``(i) In general.--Any alien who has been convicted of, who 
     admits having committed, or who admits committing acts which 
     constitute the essential elements of, any offense involving 
     the assault of a law enforcement officer is deportable.
       ``(ii) Circumstances.--The circumstances referred to in 
     clause (i) are that the law enforcement officer was 
     assaulted--

       ``(I) while he or she was engaged in the performance of his 
     or her official duties;
       ``(II) because of the performance of his or her official 
     duties; or
       ``(III) because of his or her station as a law enforcement 
     officer.

       ``(iii) Definitions.--In this subparagraph--

       ``(I) the term `assault' has the meaning given that term in 
     the jurisdiction where the act occurred; and
       ``(II) the term `law enforcement officer' is a person 
     authorized by law--

       ``(aa) to apprehend, arrest, or prosecute an individual for 
     any criminal violation of law; or
       ``(bb) to be a firefighter or other first responder.''.
       (c) Report on Aliens Deported for Assaulting a Law 
     Enforcement Officer.--On an annual basis, the Secretary of 
     Homeland Security shall submit to Congress and make publicly 
     available on the website of the Department of Homeland 
     Security a report on the number of aliens who were deported 
     during the previous year under section 237(a)(2)(G) of the 
     Immigration and Nationality Act, as added by subsection (b).
                                 ______
                                 
  SA 1588. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain

[[Page S801]]

improvements relating to the eligibility of veterans to receive 
reimbursement for emergency treatment furnished through the Veterans 
Community Care program, and for other purposes; which was ordered to 
lie on the table; as follows:

        At the appropriate place, insert the following:
       Sec. __.  None of the amounts appropriated in this Act made 
     available for ``International Disaster Assistance,'' 
     ``Migration and Refugee Assistance,'' ``International 
     Narcotics Control and Law Enforcement,'' or ``International 
     Development Association'' may be made available for 
     assistance to Gaza.
                                 ______
                                 
  SA 1589. Mr. SCOTT of South Carolina submitted an amendment intended 
to be proposed to amendment SA 1388 proposed by Mrs. Murray (for 
herself and Mr. Schumer) to the bill H.R. 815, to amend title 38, 
United States Code, to make certain improvements relating to the 
eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 61, between lines 12 and 13, insert the following:
       Sec. 709. (a) This section may be cited as the ``Build the 
     Wall First Act''.
       (b) No amounts appropriated by this division may be 
     obligated or expended until after a physical barrier spanning 
     from the Pacific Ocean to the Gulf of Mexico along the land 
     border between the United States and Mexico is fully 
     constructed.
       (c) The President may transfer any amounts appropriated by 
     this division for the purpose of funding the construction of 
     the physical barrier described in subsection (b).
                                 ______
                                 
  SA 1590. Mr. SCOTT of South Carolina (for himself and Mr. Cruz) 
submitted an amendment intended to be proposed to amendment SA 1388 
proposed by Mrs. Murray (for herself and Mr. Schumer) to the bill H.R. 
815, to amend title 38, United States Code, to make certain 
improvements relating to the eligibility of veterans to receive 
reimbursement for emergency treatment furnished through the Veterans 
Community Care program, and for other purposes; which was ordered to 
lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. PREVENTING TERRORISM AT THE U.N. ACT OF 2024.

       (a) Short Title.--This section may be cited as the 
     ``Preventing Terrorism at the U.N. Act of 2024''.
       (b) Findings.--Congress finds the following:
       (1) The United Nations Relief and Works Agency for 
     Palestine Refugees in the Near East (referred to in this 
     section as ``UNRWA'') was established through passage of 
     United Nations Resolution 302 (1949) to assist Arab refugees 
     who had been displaced by the 1948 Arab-Israeli conflict.
       (2) The United Nations High Commissioner for Refugees 
     (referred to in this section as ``UNHCR'') was established by 
     the United Nations General Assembly in 1950 to assist 
     refugees and other displaced persons, including internally 
     displaced persons, in all regions around the world.
       (3) UNRWA is the only specialized agency or entity of the 
     United Nations with a sole conflict or regional mandate.
       (4) For years, UNRWA has faced credible and corroborated 
     accusations of corruption, antisemitism, and support for 
     terrorism.
       (5) Such accusations include the use of antisemitic 
     material in UNRWA classrooms and the use of UNWRA facilities 
     for the storage of munitions by Hamas, an Iranian-backed, 
     United States-designated foreign terrorist organization.
       (6) On January 26, 2024, UNRWA terminated the contracts of 
     12 staff members who were accused of participating in Hamas' 
     brutal terrorist attacks against Israel on October 7, 2023.
       (7) The attacks of October 7, 2023, claimed the lives of 
     1,200 Israelis and foreign nationals, including 35 citizens 
     of the United States, and resulted in the hostage taking of 
     240 Israelis and foreign nationals.
       (8) The United States has contributed more than 
     $7,000,000,000 to UNRWA since 1949, making it the largest 
     individual donor to the agency.
       (9) United States contributions to UNRWA were suspended 
     from 2018 through 2020, due to allegations of corruption, 
     antisemitism, and support for terrorism.
       (10) The United States has provided more than $730,000,000 
     to UNRWA since United States contributions to the agency 
     resumed in 2021.
       (11) Following the accusations of the involvement of UNRWA 
     staff in the terrorist attacks of October 7, 2023, the 
     Department of State announced the temporary suspension of 
     United States funding to UNRWA.
       (12) Since January 26, 2024, more than sixteen additional 
     countries and the European Union have suspended their 
     contributions to UNRWA.
       (13) While the majority of funding for UNRWA comes from 
     voluntary contributions, the agency receives a portion of its 
     funding from the regular budget of the United Nations.
       (14) The estimated budget for the UNRWA for United Nations 
     fiscal year 2024 includes $55,176,800 from the regular budget 
     of the United Nations.
       (15) The United States provides 22 percent of the regular 
     budget of the United Nations.
       (c) Sense of Congress.--It is the sense of Congress that 
     the UNHCR should serve all global refugee and displaced 
     person populations, including those within the original 
     jurisdiction of the UNRWA.
       (d) Prohibition on United States Contributions to the 
     United Nations.--No funds may be provided as a voluntary or 
     assessed contribution of the United States to the United 
     Nations, including any organ, agency, or entity of the United 
     Nations until--
       (1) UNRWA is abolished;
       (2) the Secretary of State certifies to the appropriate 
     congressional committees that the that the United Nations has 
     completed appropriate counterterrorism vetting for all United 
     Nations employees and contractors operating in the original 
     jurisdiction of the UNRWA; and
       (3) the Secretary of State certifies to the appropriate 
     congressional committees that the United Nations, including 
     staff and facilities receiving United Nations funding, do not 
     teach, promote, or include in materials, such as textbooks 
     and other instructional materials, any content that promotes 
     antisemitism or encourages violence or intolerance toward 
     other countries or ethnic groups.
       (e) Transition Report.--Not later than 180 days after the 
     date of the enactment of this Act, the President shall submit 
     to the appropriate congressional committees a report that--
       (1) identifies the totality of services provided by UNRWA;
       (2) details how such services will be absorbed by existing 
     United Nations funds, programs, specialized agencies, and 
     organizations;
       (3) details how such services may be absorbed through 
     bilateral assistance;
       (4) includes a plan to ensure all United Nations funds, 
     programs, specialized agencies, and organizations implement 
     and maintain stringent counterterrorism vetting standards; 
     and
       (5) includes a plan to ensure all United Nations funds, 
     programs, specialized agencies, and organizations implement 
     and maintain stringent oversight of educational material and 
     curriculum that prohibits all content that promotes 
     antisemitism or encourages violence or intolerance toward 
     other countries or ethnic groups.
       (f) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate;
       (2) the Committee on Foreign Affairs and the Committee on 
     Appropriations of the House of Representatives.
                                 ______
                                 
  SA 1591. Mr. SCOTT of South Carolina submitted an amendment intended 
to be proposed to amendment SA 1388 proposed by Mrs. Murray (for 
herself and Mr. Schumer) to the bill H.R. 815, to amend title 38, 
United States Code, to make certain improvements relating to the 
eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. REVIEW OF AND REPORTING ON NATIONAL SECURITY 
                   SENSITIVE SITES FOR PURPOSES OF REVIEWS OF REAL 
                   ESTATE TRANSACTIONS BY THE COMMITTEE ON FOREIGN 
                   INVESTMENT IN THE UNITED STATES.

       (a) List of National Security Sensitive Sites.--Section 
     721(a)(4)(C) of the Defense Production Act of 1950 (50 U.S.C. 
     4565(a)(4)(C)) is amended by adding at the end the following:
       ``(iii) List of sites.--For purposes of subparagraph 
     (B)(ii), the Committee may prescribe through regulations a 
     list of facilities and property of the United States 
     Government that are sensitive for reasons relating to 
     national security. Such list may include certain facilities 
     and property of the intelligence community and National 
     Laboratories (as defined in section 2 of the Energy Policy 
     Act of 2005 (42 U.S.C. 15801)).''.
       (b) Review and Reports.--Section 721(m) of the Defense 
     Production Act of 1950 (50 U.S.C. 4565(m)(2)) is amended--
       (1) in paragraph (2), by adding at the end the following:
       ``(L) A description of the activities of the Committee 
     relating to facilities and property of the United States 
     Government determined to be sensitive for reasons relating to 
     national security for purposes of subsection (a)(4)(B)(ii).
       ``(M) A certification with respect to whether or not the 
     list of such facilities and property prescribed under 
     subsection (a)(4)(C)(iii) is up to date and, if not, an 
     explanation of why not.'';

[[Page S802]]

       (2) by redesignating paragraph (4) as paragraph (5); and
       (3) by inserting after paragraph (3) the following:
       ``(4) Annual review of list of facilities and property.--
     Not later than January 31 of each year, each member of the 
     Committee shall--
       ``(A) review the facilities and property of the agency 
     represented by that member that are on the list prescribed 
     under subparagraph (C)(iii) of subsection (a)(4) of 
     facilities and property that are sensitive for reasons 
     relating to national security for purposes of subparagraph 
     (B)(ii) of that subsection; and
       ``(B) submit to the chairperson a report on that review, 
     which shall include any recommended updates or revisions to 
     the list.''.
                                 ______
                                 
  SA 1592. Mr. LEE (for Mr. Marshall) submitted an amendment intended 
to be proposed by Mr. Lee to the bill H.R. 815, to amend title 38, 
United States Code, to make certain improvements relating to the 
eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  The Director of U.S. Immigration and Customs 
     Enforcement shall--
       (1) prioritize detention by requiring that the average 
     daily population of detainees is continuously maintained at 
     full capacity at all detention facilities operated by U.S. 
     Immigration and Customs Enforcement; and
       (2) require that every alien on the non-detained docket--
       (A) is enrolled in the Alternatives to Detention Program; 
     and
       (B) is subject to mandatory GPS monitoring throughout the 
     duration of all applicable immigration proceedings (including 
     any appeals) .and until removal, if ordered removed.
                                 ______
                                 
  SA 1593. Mr. LEE (for Mr. Marshall) submitted an amendment intended 
to be proposed to amendment SA 1388 proposed by Mrs. Murray (for 
herself and Mr. Schumer) to the bill H.R. 815, to amend title 38, 
United States Code, to make certain improvements relating to the 
eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  An alien who is a national of a country that has 
     been designated by the Secretary of State as a state sponsor 
     of international terrorism--
       (1) may not, under any circumstances, be paroled into the 
     United States pursuant to section 212(d)(5) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(d)(5)); and
       (2) if detained by U.S. Customs and Border Protection, 
     shall be immediately transferred to U.S. Immigration and 
     Customs Enforcement for processing.
                                 ______
                                 
  SA 1594. Mr. SCHUMER (for Mr. Cornyn) proposed an amendment to the 
bill S. 1147, to amend the Child Abuse Prevention and Treatment Act to 
provide for grants in support of training and education to teachers and 
other school employees, students, and the community about how to 
prevent, recognize, respond to, and report child sexual abuse among 
primary and secondary school students; as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Jenna Quinn Law''.

     SEC. 2. CHILD SEXUAL ABUSE AWARENESS FIELD INITIATED GRANTS.

       (a) In General.--Section 105(a) of the Child Abuse 
     Prevention and Treatment Act (42 U.S.C. 5106(a)) is amended 
     by adding at the end the following:
       ``(8) Child sexual abuse awareness field-initiated 
     grants.--
       ``(A) In general.--The Secretary may award grants under 
     this subsection to entities, for periods of up to 5 years, in 
     support of field-initiated innovation projects that advance, 
     establish, or implement comprehensive, innovative, evidence-
     based or evidence-informed child sexual abuse awareness and 
     prevention programs by--
       ``(i) improving student awareness of child sexual abuse in 
     an age-appropriate manner, including how to recognize, 
     prevent, and safely report child sexual abuse;
       ``(ii) training teachers, school employees, and other 
     mandatory reporters and adults who work with children in a 
     professional or volunteer capacity, including with respect to 
     recognizing child sexual abuse and safely reporting child 
     sexual abuse; or
       ``(iii) providing information to parents and guardians of 
     students about child sexual abuse awareness and prevention, 
     including how to prevent, recognize, respond to, and report 
     child sexual abuse and how to discuss child sexual abuse with 
     a child.
       ``(B) Reporting.--Each entity receiving a grant under 
     subparagraph (A) shall submit an annual report to the 
     Secretary, for the duration of the grant period, on the 
     projects carried out using such grant, including the number 
     of participants, the services provided, and the outcomes of 
     the projects, including participant evaluations.''.
       (b) Report on Effectiveness of Expenditures.--Not later 
     than 5 years after the date on which the first grant is 
     awarded under paragraph (8) of section 105(a) of the Child 
     Abuse Prevention and Treatment Act (42 U.S.C. 5106(a)), as 
     added by subsection (a), the Comptroller General of the 
     United States shall--
       (1) prepare a report that describes the projects for which 
     funds are expended under paragraph (8) of such section 
     105(a)(8) and evaluates the effectiveness of those projects; 
     and
       (2) submit the report to the Committee on Health, 
     Education, Labor, and Pensions and the Committee on Finance 
     of the Senate and the Committee on Education and the 
     Workforce and the Committee on Ways and Means of the House of 
     Representatives.
       (c) Report on Duplicative Nature of Expenditures.--Not 
     later than 5 years after the date of enactment of this Act, 
     the Comptroller General of the United States shall--
       (1) prepare a report that examines whether the projects 
     described in subsection (b) are duplicative of other 
     activities supported by Federal funds; and
       (2) submit the report to the Committee on Health, 
     Education, Labor, and Pensions and the Committee on Finance 
     of the Senate and the Committee on Education and the 
     Workforce and the Committee on Ways and Means of the House of 
     Representatives.
                                 ______
                                 
  SA 1595. Mr. LEE (for Mr. Scott of Florida) submitted an amendment 
intended to be proposed to amendment SA 1388 proposed by Mrs. Murray 
(for herself and Mr. Schumer) to the bill H.R. 815, to amend title 38, 
United States Code, to make certain improvements relating to the 
eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 56, after line 13, add the following:
       Sec. 617. (a) This section may be cited as the ``Stop 
     Taxpayer Funding of Hamas Act''.
       (b) Notwithstanding any other provision of law, none of the 
     funds appropriated or otherwise made available by this Act, 
     or by any prior Act making appropriations for the Department 
     of State, foreign operations, and related programs, may be 
     made available for any expenditure in the territory of Gaza 
     until after the President certifies to the Committee on 
     Foreign Relations of the Senate and the Committee on Foreign 
     Affairs of the House of Representatives that--
       (1) such funds can be expended without benefitting any 
     organization or persons that is--
       (A) a member of Hamas, Palestinian Islamic Jihad, or any 
     other organization designated by the Secretary of State as a 
     foreign terrorist organization under section 219 of the 
     Immigration and Nationality Act (8 U.S.C. 1189); or
       (B) controlled or influenced by Hamas, Palestinian Islamic 
     Jihad, or any such foreign terrorist organization; and
       (2) all hostages who were taken to Gaza by any organization 
     referred to in paragraph (1)(A) have been freed.
       (c) Notwithstanding any other provision of law, none of the 
     funds appropriated or otherwise made available by this Act, 
     or by any prior Act making appropriations for the Department 
     of State, foreign operations, and related programs, may be 
     obligated or expended in the territory of Gaza through any 
     United Nations entity or office unless the President 
     certifies to the congressional committees referred to in 
     subsection (b) that such entity or office is not encouraging 
     or teaching anti-Israel or anti-Semitic ideas or propaganda.

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