[Congressional Record Volume 170, Number 24 (Friday, February 9, 2024)]
[Senate]
[Pages S762-S791]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
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.
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