[Congressional Record Volume 170, Number 24 (Friday, February 9, 2024)]
[Senate]
[Pages S719-S721]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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''.
                                 ______