[Congressional Record Volume 170, Number 71 (Tuesday, April 23, 2024)]
[Senate]
[Pages S3003-S3065]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1842. Mr. SCHUMER proposed an amendment to the bill H.R. 815, to 
amend title 38, United States Code, to make certain improvements 
relating to the eligibility of veterans to receive reimbursement for 
emergency treatment furnished through the Veterans Community Care 
program, and for other purposes; as follows:

       At the end add the following:

     SEC. EFFECTIVE DATE.

       This Act shall take effect on the date that is 1 day after 
     the date of enactment of this Act.
                                 ______
                                 
  SA 1843. Mr. SCHUMER proposed an amendment to amendment SA 1842 
proposed by Mr. Schumer to the bill H.R. 815, to amend title 38, United 
States Code, to make certain improvements relating to the eligibility 
of veterans to receive reimbursement for emergency treatment furnished 
through the Veterans Community Care program, and for other purposes; as 
follows:

       On page 1, line 3, strike ``1 day'' and insert ``2 days''.
                                 ______
                                 
  SA 1844. Mr. SCHUMER proposed an amendment to the bill H.R. 815, to 
amend title 38, United States Code, to make certain improvements 
relating to the eligibility of veterans to receive reimbursement for 
emergency treatment furnished through the Veterans Community Care 
program, and for other purposes; as follows:

       At the end add the following:

     SEC. EFFECTIVE DATE.

       This Act shall take effect on the date that is 3 days after 
     the date of enactment of this Act.
                                 ______
                                 
  SA 1845. Mr. SCHUMER proposed an amendment to amendment SA 1844 
proposed by Mr. Schumer to the bill H.R. 815, to amend title 38, United 
States Code, to make certain improvements relating to the eligibility 
of veterans to receive reimbursement for emergency treatment furnished 
through the Veterans Community Care program, and for other purposes; as 
follows:

       On page 1, line 3, strike ``3 days'' and insert ``4 days''.
                                 ______
                                 
  SA 1846. Mr. SCHUMER proposed an amendment to amendment SA 1845 
proposed by Mr. Schumer to the amendment SA 1844 proposed by Mr. 
Schumer to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; as follows:

       On page 1, line 1, strike ``4 days'' and insert ``5 days''.
                                 ______
                                 
  SA 1847. Mr. SULLIVAN submitted an amendment intended to be proposed 
by him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PROHIBITION ON ECONOMIC SUPPORT FUND ASSISTANCE FOR 
                   UKRAINE.

       Notwithstanding any other provision of any division of this 
     Act, no amounts appropriated or otherwise made available by 
     any division of this Act may be made available for Economic 
     Support Fund assistance for Ukraine.
                                 ______
                                 
  SA 1848. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end add the following:

     SEC. EFFECTIVE DATE.

       This Act shall take effect on the date that is 7 days after 
     the date of enactment of this Act.
                                 ______
                                 
  SA 1849. Mr. SCHUMER submitted an amendment intended to be proposed 
to amendment SA 1848 submitted by Mr. Schumer and intended to be 
proposed to the bill H.R. 815, to amend title 38, United States Code, 
to make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 1, line 3, strike ``7 days'' and insert ``8 days''.
                                 ______
                                 
  SA 1850. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end add the following:

     SEC. EFFECTIVE DATE.

       This Act shall take effect on the date that is 9 days after 
     the date of enactment of this Act.
                                 ______
                                 
  SA 1851. Mr. SCHUMER submitted an amendment intended to be proposed 
to amendment SA 1850 submitted by Mr. Schumer and intended to be 
proposed to the bill H.R. 815, to amend title 38, United States Code, 
to make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 1, line 3, strike, ``9 days'' and insert ``10 
     days''.
                                 ______
                                 
  SA 1852. Mr. SCHUMER submitted an amendment intended to be proposed 
to amendment SA 1851 submitted by Mr. Schumer and intended to be 
proposed to the amendment SA 1850 proposed by Mr. Schumer to the bill 
H.R. 815, to amend title 38, United States Code, to make certain 
improvements relating to the eligibility of veterans to receive 
reimbursement for emergency treatment furnished through the Veterans 
Community Care program, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 1, line 1, strike, ``10 days'' and insert ``11 
     days''.
                                 ______
                                 
  SA 1853. Mr. SCOTT of Florida submitted an amendment intended to be 
proposed by him to the bill H.R. 815, to amend title 38, United States 
Code, to make certain improvements relating to the eligibility of 
veterans to receive reimbursement for emergency treatment furnished 
through the Veterans Community Care program, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. RESTRICTION ON THE EXPENDITURE FOR FEDERAL FUNDS IN 
                   GAZA.

       (a) Short Title.--This section may be cited as the ``Stop 
     Taxpayer Funding of Hamas Act''.
       (b) In General.--No United States Government funds may be 
     obligated or expended in the territory of Gaza until after 
     the President certifies to the Committee on Foreign Relations 
     of the Senate and the Committee on Foreign Affairs of the 
     House of Representatives that--
       (1) such funds can be expended without benefitting any 
     organization or persons that is--
       (A) a member of Hamas, Palestinian Islamic Jihad, or any 
     other organization designated by the Secretary of State as a 
     foreign terrorist organization under section 219 of the 
     Immigration and Nationality Act (8 U.S.C. 1189); or
       (B) controlled or influenced by Hamas, Palestinian Islamic 
     Jihad, or any such foreign terrorist organization; and
       (2) all hostages who were taken to Gaza by Hamas, 
     Palestinian Islamic Jihad, or any other organization 
     designated by the Secretary of State as a foreign terrorist 
     organization under section 219 of the Immigration and 
     Nationality Act (8 U.S.C. 1189) have been freed.
       (c) United Nations Entities.--No United States Government 
     funds may be obligated or expended in the territory of Gaza 
     through any United Nations entity or office unless the 
     President certifies to the congressional committees referred 
     to in subsection (b) that such entity or office is not 
     encouraging or teaching anti-Israel or anti-Semitic ideas or 
     propaganda.
                                 ______
                                 
  SA 1854. Ms. LUMMIS submitted an amendment intended to be proposed by 
her to the bill H.R. 815, to amend title 38, United States Code, to 
make certain

[[Page S3004]]

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

        At the appropriate place, insert the following:

     SEC. ___. DISCRETIONARY SPENDING LIMIT REDUCTIONS.

       Section 251(c)(10) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985 (2 U.S.C. 901(c)(10)) is 
     amended--
       (1) in subparagraph (A), by striking ``$895,212,000,000'' 
     and inserting ``$847,712,000,000''; and
       (2) in subparagraph (B), by striking ``; $710,688,000,000'' 
     and inserting ``, $663,188,000,000''.
                                 ______
                                 
  SA 1855. Mr. DAINES submitted an amendment intended to be proposed by 
him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. MODIFICATION TO OPERATION OF UKRAINE SUPPORT FUND.

       Notwithstanding any provision of division F of this Act--
       (1) funds in the Ukraine Support Fund established under 
     section 104(d) of that division shall be available to the 
     Secretary of Defense as well as the Secretary of State for 
     the purpose of providing assistance to Ukraine for the damage 
     resulting from the unlawful invasion by the Russian 
     Federation that began on February 24, 2022;
       (2) the permissible uses of funds in the Ukraine Support 
     Fund include supporting the national defense of Ukraine and 
     providing military aid to Ukraine; and
       (3) none of the funds in the Ukraine Support Fund may be 
     used to repay loans made to Ukraine by the European Union or 
     a country in Europe.
                                 ______
                                 
  SA 1856. Mr. DAINES (for himself and Ms. Lummis) submitted an 
amendment intended to be proposed by him to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. SUPPORTING NATIONAL SECURITY WITH SPECTRUM.

       (a) Short Title.--This section may be cited as the 
     ``Supporting National Security with Spectrum Act''.
       (b) Additional ``Rip and Replace'' Funding.-- Section 4(k) 
     of the Secure and Trusted Communications Networks Act of 2019 
     (47 U.S.C. 1603(k)) is amended by striking ``$1,900,000,000'' 
     and inserting ``$4,980,000,000''.
       (c) Appropriation of Funds.--There is appropriated to the 
     Federal Communications Commission for fiscal year 2024, out 
     of amounts in the Treasury not otherwise appropriated, 
     $3,080,000,000, to remain available until expended, to carry 
     out section 4 of the Secure and Trusted Communications 
     Networks Act of 2019 (47 U.S.C. 1603).
       (d) FCC Auction 97 Reauction of Certain Licenses; 
     Completion of Reauction.--
       (1) FCC auction 97 reauction of certain licenses.--Not 
     later than 1 year after the date of enactment of this Act, 
     the Federal Communications Commission shall initiate a system 
     of competitive bidding under section 309(j) of the 
     Communications Act of 1934 (47 U.S.C. 309(j)) to grant 
     licenses for spectrum in the inventory of the Commission 
     within the bands of frequencies referred to by the Commission 
     as the ``AWS-3 bands'', without regard to whether the 
     authority of the Commission under paragraph (11) of that 
     section has expired.
       (2) Completion of reauction.--The Federal Communications 
     Commission shall complete the system of competitive bidding 
     described in subsection (a), including receiving payments, 
     processing applications, and granting licenses, without 
     regard to whether the authority of the Commission under 
     paragraph (11) of section 309(j) of the Communications Act of 
     1934 (47 U.S.C. 309(j)) has expired.
                                 ______
                                 
  SA 1857. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

       Strike page 59, line 6 and all that follows through page 
     69, line 7, and insert the following:
       (c) Limitation on Arrangement Terms.--
       (1) In general.--The arrangement required under subsection 
     (a) may not provide for the cancellation of any or all 
     amounts of indebtedness.
       (2) Use of payments.--All payments received by the 
     Government of the United States from the Government of 
     Ukraine resulting from any loan authorized by this Act shall 
     be exclusively and indefinitely reserved for deposit in the 
     United States Treasury for purposes of repayment of the 
     national debt.
                                 ______
                                 
  SA 1858. Mr. SANDERS (for himself, Mr. Welch, and Ms. Warren) 
submitted an amendment intended to be proposed by him to the bill H.R. 
815, to amend title 38, United States Code, to make certain 
improvements relating to the eligibility of veterans to receive 
reimbursement for emergency treatment furnished through the Veterans 
Community Care program, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. ___.  Notwithstanding any other provision of any 
     division of this Act, no prohibition on funds appropriated 
     under any division of this Act being made available for a 
     contribution, grant, or other payment to the United Nations 
     Relief and Works Agency shall have force or effect.
                                 ______
                                 
  SA 1859. Mr. SANDERS (for himself and Ms. Warren) submitted an 
amendment intended to be proposed by him to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. ___. (a) Notwithstanding any other provision of any 
     division of this Act, no funds shall be made available under 
     any division of this Act for--
       (1) ``Operation and Maintenance, Defense-Wide'' to respond 
     to the situation in Israel;
       (2) ``Procurement of Ammunition, Army'' to respond to the 
     situation in Israel;
       (3) ``Defense Production Act Purchases'' for activities by 
     the Department of Defense pursuant to sections 108, 301, 302, 
     and 303 of the Defense Production Act of 1950 (50 U.S.C. 
     4518, 4531, 4532, and 4533); or
       (4) ``Foreign Military Financing Program'' for assistance 
     for Israel and for related expenses.
       (b) Sections 305, 306, 308, and 309 of division A of this 
     Act shall have no force or effect.
                                 ______
                                 
  SA 1860. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. _____. EMERGENCY DESIGNATIONS.

       No emergency designation under section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 1985 
     (2 U.S.C. 901(b)(2)(A)(i)) contained in any division of this 
     Act shall have force or effect.

       Strike division T.
                                 ______
                                 
  SA 1861. Mr. ROUNDS submitted an amendment intended to be proposed by 
him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. CLARIFICATION OF ASYLUM ELIGIBILITY.

       (a) In General.--Section 208 of the Immigration and 
     Nationality Act (8 U.S.C. 1158) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``or who arrives in the 
     United States (whether or not at a designated port of arrival 
     and including'' and inserting ``and has arrived in the United 
     States at a port of entry (including''; and
       (B) in paragraph (2), by amending subparagraph (A) to read 
     as follows:
       ``(A) Safe third country.--Paragraph (1) shall not apply to 
     an alien if the Attorney General or the Secretary of Homeland 
     Security determines that--
       ``(i) the alien may be removed to a country (other than the 
     country of the alien's nationality or, in the case of an 
     alien having no nationality, the country of the alien's last 
     habitual residence) in which the alien's life or

[[Page S3005]]

     freedom would not be threatened on account of race, religion, 
     nationality, membership in a particular social group, or 
     political opinion, and where the alien would have access to a 
     full and fair procedure for determining a claim to asylum or 
     equivalent temporary protection, unless the Attorney General 
     or the Secretary, on a case-by-case basis, finds that it is 
     in the public interest for the alien to receive asylum in the 
     United States; or
       ``(ii) the alien entered, attempted to enter, or arrived in 
     the United States after transiting through at least one 
     country outside the alien's country of citizenship, 
     nationality, or last lawful habitual residence en route to 
     the United States, unless--

       ``(I) the alien demonstrates that he or she applied for 
     protection from persecution or torture in at least one 
     country outside the alien's country of citizenship, 
     nationality, or last lawful habitual residence through which 
     the alien transited en route to the United States, and the 
     alien received a final judgment denying the alien protection 
     in each country;
       ``(II) the alien demonstrates that he or she was a victim 
     of a severe form of trafficking in which a commercial sex act 
     was induced by force, fraud, or coercion, or in which the 
     person induced to perform such act was under the age of 18 
     years; or in which the trafficking included the recruitment, 
     harboring, transportation, provision, or obtaining of a 
     person for labor or services through the use of force, fraud, 
     or coercion for the purpose of subjection to involuntary 
     servitude, peonage, debt bondage, or slavery, and was unable 
     to apply for protection from persecution in each country 
     through which the alien transited en route to the United 
     States as a result of such severe form of trafficking; or
       ``(III) the only countries through which the alien 
     transited en route to the United States were, at the time of 
     the transit, not parties to the 1951 United Nations 
     Convention relating to the Status of Refugees, the 1967 
     Protocol Relating to the Status of Refugees, or the United 
     Nations Convention against Torture and Other Cruel, Inhuman 
     or Degrading Treatment or Punishment.''; and

       (2) in subsection (b)--
       (A) in paragraph (1)(A), by inserting ``(in accordance with 
     the rules set forth in this section), and is eligible to 
     apply for asylum under subsection (a)'' before the semicolon 
     at the end; and
       (B) by amending paragraph (2) to read as follows:
       ``(2) Exceptions.--
       ``(A) In general.--Paragraph (1) shall not apply to an 
     alien if the Secretary of Homeland Security or the Attorney 
     General determines that--
       ``(i) the alien ordered, incited, assisted, or otherwise 
     participated in the persecution of any person on account of 
     race, religion, nationality, membership in a particular 
     social group, or political opinion;
       ``(ii) the alien has been convicted of any felony under 
     Federal, State, tribal, or local law;
       ``(iii) the alien has been convicted of any misdemeanor 
     offense under Federal, State, tribal, or local law 
     involving--

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

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

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

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

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

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

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

       ``(x) the alien, having been convicted by a final judgment 
     of a particularly serious crime, constitutes a danger to the 
     community of the United States;
       ``(xi) there are serious reasons for believing that the 
     alien has committed a serious nonpolitical crime outside the 
     United States prior to the arrival of the alien in the United 
     States;
       ``(xii) there are reasonable grounds for regarding the 
     alien as a danger to the security of the United States;
       ``(xiii) the alien is described in subclause (I), (II), 
     (III), (IV), or (VI) of section 212(a)(3)(B)(i) or section 
     237(a)(4)(B) (relating to terrorist activity), unless, in the 
     case only of an alien inadmissible under subclause (IV) of 
     section 212(a)(3)(B)(i), the Secretary of Homeland Security 
     or the Attorney General determines, in the Secretary's or the 
     Attorney General's discretion, that there are not reasonable 
     grounds for regarding the alien as a danger to the security 
     of the United States;
       ``(xiv) the alien was firmly resettled in another country 
     prior to arriving in the United States; or
       ``(xv) there are reasonable grounds for concluding the 
     alien could avoid persecution by relocating to another part 
     of the alien's country of nationality or, in the case of an 
     alien having no nationality, another part of the alien's 
     country of last habitual residence.
       ``(B) Special rules.--
       ``(i) Particularly serious crime; serious nonpolitical 
     crime outside the united states.--

       ``(I) In general.--For purposes of subparagraph (A)(x), the 
     Attorney General or Secretary of Homeland Security, in their 
     discretion, may determine that a conviction constitutes a 
     particularly serious crime based on--

       ``(aa) the nature of the conviction;
       ``(bb) the type of sentence imposed; or
       ``(cc) the circumstances and underlying facts of the 
     conviction.

       ``(II) Determination.--In making a determination under 
     subclause (I), the Attorney General or Secretary of Homeland 
     Security may consider all reliable information and is not 
     limited to facts found by the criminal court or provided in 
     the underlying record of conviction.
       ``(III) Treatment of felonies.--In making a determination 
     under subclause (I), an alien who has been convicted of a 
     felony (as defined under this section) or an aggravated 
     felony (as defined under section 101(a)(43)), shall be 
     considered to have been convicted of a particularly serious 
     crime.
       ``(IV) Interpol red notice.--In making a determination 
     under subparagraph (A)(xi),

[[Page S3006]]

     an Interpol Red Notice may constitute reliable evidence that 
     the alien has committed a serious nonpolitical crime outside 
     the United States.

       ``(ii) Crimes and exceptions.--

       ``(I) Driving while intoxicated or impaired.--A finding 
     under subparagraph (A)(vi) does not require the Attorney 
     General or Secretary of Homeland Security to find the first 
     conviction for driving while intoxicated or impaired 
     (including a conviction for driving while under the influence 
     of or impaired by alcohol or drugs) as a predicate offense. 
     The Attorney General or Secretary of Homeland Security need 
     only make a factual determination that the alien previously 
     was convicted for driving while intoxicated or impaired as 
     those terms are defined under the jurisdiction where the 
     conviction occurred (including a conviction for driving while 
     under the influence of or impaired by alcohol or drugs).
       ``(II) Stalking and other crimes.--In making a 
     determination under subparagraph (A)(viii), including 
     determining the existence of a domestic relationship between 
     the alien and the victim, the underlying conduct of the crime 
     may be considered, and the Attorney General or Secretary of 
     Homeland Security is not limited to facts found by the 
     criminal court or provided in the underlying record of 
     conviction.
       ``(III) Battery or extreme cruelty.--In making a 
     determination under subparagraph (A)(ix), the phrase `battery 
     or extreme cruelty' includes--

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

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

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

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

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

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

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

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

       ``(aa) In general.--No order vacating a conviction, 
     modifying a sentence, clarifying a sentence, or otherwise 
     altering a conviction or sentence shall have any effect under 
     this paragraph unless the Attorney General or Secretary of 
     Homeland Security determines that--
       ``(AA) the court issuing the order had jurisdiction and 
     authority to do so; and
       ``(BB) the order was not entered for rehabilitative 
     purposes or for purposes of ameliorating the immigration 
     consequences of the conviction or sentence.
       ``(bb) Ameliorating immigration consequences.--For purposes 
     of item (aa)(BB), the order shall be presumed to be for the 
     purpose of ameliorating immigration consequences if--
       ``(AA) the order was entered after the initiation of any 
     proceeding to remove the alien from the United States; or
       ``(BB) the alien moved for the order more than one year 
     after the date of the original order of conviction or 
     sentencing, whichever is later.
       ``(cc) Authority of immigration judge.--An immigration 
     judge is not limited to consideration only of material 
     included in any order vacating a conviction, modifying a 
     sentence, or clarifying a sentence to determine whether such 
     order should be given any effect under this paragraph, but 
     may consider such additional information as the immigration 
     judge determines appropriate.
       ``(E) Additional limitations.--The Secretary of Homeland 
     Security or the Attorney General may by regulation establish 
     additional limitations and conditions, consistent with this 
     section, under which an alien shall be ineligible for asylum 
     under paragraph (1).
       ``(F) No judicial review.--There shall be no judicial 
     review of a determination of the Secretary of Homeland 
     Security or the Attorney General under subparagraph 
     (A)(xiii).''.
       (b) Credible Fear Interviews.--Section 235(b)(1)(B)(v) of 
     the Immigration and Nationality Act (8 U.S.C. 
     1225(b)(1)(B)(v)) is amended by striking ``there is a 
     significant possibility'' and all that follows, and inserting 
     ``, taking into account the credibility of the statements 
     made by the alien in support of the alien's claim, as 
     determined pursuant to section 208(b)(1)(B)(iii), and such 
     other facts as are known to the officer, the alien more 
     likely than not could establish eligibility for asylum under 
     section 208, and it is more likely than not that the 
     statements made by, and on behalf of, the alien in support of 
     the alien's claim are true.''.
                                 ______
                                 
  SA 1862. Mr. ROUNDS submitted an amendment intended to be proposed by 
him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. REVIEW AND PROHIBITIONS BY COMMITTEE ON FOREIGN 
                   INVESTMENT IN THE UNITED STATES OF CERTAIN 
                   TRANSACTIONS RELATING TO AGRICULTURE.

       (a) In General.--Section 721 of the Defense Production Act 
     of 1950 (50 U.S.C. 4565) is amended--
       (1) in subsection (a), by adding at the end the following:
       ``(14) Agriculture.--The term `agriculture' has the meaning 
     given that term in section 3 of the Fair Labor Standards Act 
     of 1938 (29 U.S.C. 203).'';
       (2) in subsection (b)(1), by adding at the end the 
     following:
       ``(I) Consideration of certain agricultural land 
     transactions.--
       ``(i) In general.--Not later than 30 days after receiving 
     notification from the Secretary of Agriculture of a 
     reportable agricultural land transaction, the Committee shall 
     determine--

       ``(I) whether the transaction is a covered transaction; and
       ``(II) if the Committee determines that the transaction is 
     a covered transaction, whether to--

       ``(aa) request the submission of a notice under clause (i) 
     of subparagraph (C) or a declaration under clause (v) of such 
     subparagraph pursuant to the process established under 
     subparagraph (H); or
       ``(bb) initiate a review pursuant to subparagraph (D).
       ``(ii) Reportable agricultural land transaction defined.--
     In this subparagraph, the term `reportable agricultural land 
     transaction' means a transaction--

       ``(I) that the Secretary of Agriculture has reason to 
     believe is a covered transaction;
       ``(II) that involves the acquisition of an interest in 
     agricultural land by a foreign person, other than an excepted 
     investor or an excepted real estate investor, as such terms 
     are defined in regulations prescribed by the Committee; and
       ``(III) with respect to which a person is required to 
     submit a report to the Secretary of Agriculture under section 
     2(a) of the Agricultural Foreign Investment Disclosure Act of 
     1978 (7 U.S.C. 3501(a)).'';

       (3) in subsection (k)(2)--
       (A) by redesignating subparagraphs (H), (I), and (J) as 
     subparagraphs (I), (J), and (K), respectively; and
       (B) by inserting after subparagraph (G) the following:
       ``(H) The Secretary of Agriculture, with respect to any 
     covered transaction related to the purchase of agricultural 
     land or agricultural biotechnology or otherwise related to 
     the agriculture industry in the United States.''; and
       (4) by adding at the end the following:
       ``(r) Prohibitions Relating to Purchases of Agricultural 
     Land and Agricultural Businesses.--
       ``(1) In general.--If the Committee, in conducting a review 
     under this section, determines that a transaction described 
     in clause (i), (ii), or (iv) of subsection (a)(4)(B) would 
     result in the purchase or lease by a covered

[[Page S3007]]

     foreign person of real estate described in paragraph (2) or 
     would result in control by a covered foreign person of a 
     United States business engaged in agriculture, the President 
     shall prohibit the transaction unless a party to the 
     transaction voluntarily chooses to abandon the transaction.
       ``(2) Real estate described.--Subject to regulations 
     prescribed by the Committee, real estate described in this 
     paragraph is agricultural land (as defined in section 9 of 
     the Agricultural Foreign Investment Disclosure Act of 1978 (7 
     U.S.C. 3508)) in the United States that is in close proximity 
     (subject to subsection (a)(4)(C)(ii)) to a United States 
     military installation or another facility or property of the 
     United States Government that is--
       ``(A) sensitive for reasons relating to national security 
     for purposes of subsection (a)(4)(B)(ii)(II)(bb); and
       ``(B) identified in regulations prescribed by the 
     Committee.
       ``(3) Waiver.--The President may waive, on a case-by-case 
     basis, the requirement to prohibit a transaction under 
     paragraph (1) after the President determines and reports to 
     the Committee on Banking, Housing, and Urban Affairs of the 
     Senate and the Committee on Financial Services of the House 
     of Representatives that the waiver is in the national 
     interest of the United States.
       ``(4) Covered foreign person defined.--
       ``(A) In general.--In this subsection, subject to 
     regulations prescribed by the Committee, the term `covered 
     foreign person'--
       ``(i) means any foreign person (including a foreign entity) 
     that acts as an agent, representative, or employee of, or 
     acts at the direction or control of, the government of a 
     covered country; and
       ``(ii) does not include a United States citizen or an alien 
     lawfully admitted for permanent residence to the United 
     States.
       ``(B) Covered country defined.--For purposes of 
     subparagraph (A), the term `covered country' means any of the 
     following countries, if the country is determined to be a 
     foreign adversary pursuant to section 7.4 of title 15, Code 
     of Federal Regulations (or a successor regulation):
       ``(i) The People's Republic of China.
       ``(ii) The Russian Federation.
       ``(iii) The Islamic Republic of Iran.
       ``(iv) The Democratic People's Republic of Korea.''.
       (b) Spending Plans.--Not later than 60 days after the date 
     of the enactment of this Act, each department or agency 
     represented on the Committee on Foreign Investment in the 
     United States shall submit to the chairperson of the 
     Committee a copy of the most recent spending plan required 
     under section 1721(b) of the Foreign Investment Risk Review 
     Modernization Act of 2018 (50 U.S.C. 4565 note).
       (c) Regulations.--
       (1) In general.--The President shall direct, subject to 
     section 553 of title 5, United States Code, the issuance of 
     regulations to carry out the amendments made by this section.
       (2) Effective date.--The regulations prescribed under 
     paragraph (1) shall take effect not later than one year after 
     the date of the enactment of this Act.
       (d) Effective Date; Applicability.--The amendments made by 
     this section shall--
       (1) take effect on the date that is 30 days after the 
     effective date of the regulations under subsection (c)(2); 
     and
       (2) apply with respect to a covered transaction (as defined 
     in section 721 of the Defense Production Act of 1950 (50 
     U.S.C. 4565)) that is proposed, pending, or completed on or 
     after the date described in paragraph (1).
       (e) Sunset.--The amendments made by this section, and any 
     regulations prescribed to carry out those amendments, shall 
     cease to be effective on the date that is 7 years after the 
     date of the enactment of this Act.
                                 ______
                                 
  SA 1863. Mr. ROUNDS submitted an amendment intended to be proposed by 
him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of the amendment, add the following:

                         DIVISION C--BORDER ACT

     SEC. 4001. SHORT TITLE.

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

     SEC. 4002. DEFINITIONS.

       In this division:
       (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 S3008]]

  


     ``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 S3009]]

       (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 S3010]]

     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 S3011]]

       ``(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 S3012]]

       ``(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 S3013]]

       ``(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 S3014]]

     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 S3015]]

     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 S3016]]

     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 S3017]]

       ``(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 S3018]]

     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 S3019]]

       ``(A) Summary removal.--Notwithstanding any other provision 
     of this Act, subject to subparagraph (B), the Secretary shall 
     issue a summary removal order and summarily remove an alien 
     to the country of which the alien is a subject, national, or 
     citizen (or, in the case of an alien having no nationality, 
     the country of the alien's last habitual residence), or in 
     accordance with the processes established under section 241, 
     unless the summary removal of the alien to such country would 
     be prejudicial to the interests of the United States.
       ``(B) Withholding and convention against torture 
     interviews.--
       ``(i) In general.--In the case of an alien subject to the 
     border emergency authority who manifests a fear of 
     persecution or torture with respect to a proposed country of 
     summary removal, an asylum officer (as defined in section 
     235(b)(1)(E)) shall conduct an interview, during which the 
     asylum officer shall determine that, if such alien 
     demonstrates during the interview that the alien has a 
     reasonable possibility of persecution or torture, such alien 
     shall be referred to or placed in proceedings under section 
     240 or 240D, as appropriate.
       ``(ii) Sole mechanism to request protection.--An interview 
     under this subparagraph conducted by an asylum officer shall 
     be the sole mechanism by which an alien described in clause 
     (i) may make a claim for protection under--

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

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

       ``(I) shall not be summarily removed; and
       ``(II) shall instead be processed under section 240 or 
     240D, as appropriate.

       ``(iv) Additional review.--

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

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

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

       ``(3) Activations of authority.--
       ``(A) Mandatory activation.--The Secretary shall activate 
     the border emergency authority if there is an average of 
     1,000 or more aliens encountered per day during a period of 7 
     consecutive days.
       ``(B) Calculation of activation.--For purposes of 
     subparagraph (A), the average for the applicable 7-day period 
     shall be calculated using--
       ``(i) the sum of--

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

       ``(ii) 7.
       ``(4) Implementation.--The Secretary shall implement the 
     border emergency authority not later than 24 hours after it 
     is activated.
       ``(c) Continued Access to Southwest Land Border Ports of 
     Entry.--
       ``(1) In general.--During any activation of the border 
     emergency authority under subsection (b), the Secretary shall 
     maintain the capacity to process, and continue processing, 
     under section 235 or 235B a minimum of 1,400 inadmissible 
     aliens each calendar day cumulatively across all southwest 
     land border ports of entry in a safe and orderly process 
     developed by the Secretary.
       ``(2) Special rules.--
       ``(A) Unaccompanied alien children exception.--For the 
     purpose of calculating the number under paragraph (1), the 
     Secretary shall count all unaccompanied alien children.
       ``(B) Transition rules.--The provisions of section 244A(c) 
     shall apply to this section.
       ``(d) Bar to Admission.--Any alien who, during a period of 
     365 days, has 2 or more summary removals pursuant to the 
     border emergency authority, shall be inadmissible for a 
     period of 1 year beginning on the date of the alien's most 
     recent summary removal.
       ``(e) Savings Provisions.--
       ``(1) Unaccompanied alien children.--Nothing in this 
     section may be construed to interfere with the processing of 
     unaccompanied alien children and such children are not 
     subject to this section.
       ``(2) Settlement agreements.--Nothing in this section may 
     be construed to interfere with any rights or responsibilities 
     established through a settlement agreement in effect before 
     the date of the enactment of this section.
       ``(3) Rule of construction.--For purposes of the Convention 
     Relating to the Status of Refugees, done at Geneva July 28, 
     1952 (as made applicable by the 1967 Protocol Relating to the 
     Status of Refugees, done at New York January 31, 1967 (19 UST 
     6223)), the Convention Against Torture, and any other 
     applicable treaty, as applied to this section, the interview 
     under this section shall occur only in the context of the 
     border emergency authority.
       ``(f) Judicial Review.--Judicial review of any decision or 
     action applying the border emergency authority shall be 
     governed only by this subsection as follows:
       ``(1) Notwithstanding any other provision of law, except as 
     provided in paragraph (2), no court or judge shall have 
     jurisdiction to review any cause or claim by an individual 
     alien arising from the decision to enter a summary removal 
     order against such alien under this section, or removing such 
     alien pursuant to such summary removal order.
       ``(2) The United States District Court for the District of 
     Columbia shall have sole and original jurisdiction to hear 
     challenges, whether constitutional or otherwise, to the 
     validity of this section or any written policy directive, 
     written policy guideline, written procedure, or the 
     implementation thereof, issued by or under the authority of 
     the Secretary to implement this section.
       ``(g) Effective Date.--
       ``(1) In general.--This section shall take effect on the 
     day after the date of the enactment of this section.
       ``(2) 7-day period.--The initial activation of the 
     authority under subparagraph (A) or (B)(i) of subsection 
     (b)(3) shall take into account the average number of 
     encounters during the preceding 7 consecutive calendar days, 
     as described in such subparagraphs, which may include the 6 
     consecutive calendar days immediately preceding the date of 
     the enactment of this section.
       ``(h) Rulemaking.--
       ``(1) In general.--The Secretary may promulgate such 
     regulations as are necessary to implement this section in 
     compliance with the requirements of section 553 of title 5, 
     United States Code.
       ``(2) Initial implementation.--Until the date that is 180 
     days after the date of the enactment of this section, the 
     Secretary may issue any interim final rules necessary to 
     implement this section without having to satisfy the 
     requirements of section 553(b)(B) of title 5, United States 
     Code, provided that any such interim final rules shall 
     include a 30-day post promulgation notice and comment period 
     prior to finalization in the Federal Register.
       ``(3) Requirement.--All regulations promulgated to 
     implement this section beginning on the date that is 180 days 
     after the date of the enactment of this section shall be 
     issued pursuant to the requirements set forth in section 553 
     of title 5, United States Code.
       ``(i) Definitions.--In this section:
       ``(1) Border emergency authority.--The term `border 
     emergency authority' means all authorities and procedures 
     under this section.
       ``(2) Convention against torture.--The term `Convention 
     Against Torture' means the Convention against Torture and 
     Other Cruel, Inhuman or Degrading Treatment or Punishment, 
     done at New York December 10, 1984, and includes the 
     regulations implementing any law enacted pursuant to Article 
     3 of the Convention against Torture and Other Cruel, Inhuman 
     or Degrading Treatment or Punishment, done at New York 
     December 10, 1984.
       ``(3) Encounter.--With respect to an alien, the term 
     `encounter' means an alien who--
       ``(A) is physically apprehended by U.S. Customs and Border 
     Protection personnel--
       ``(i) within 100 miles of the southwest land border of the 
     United States during the 14-day period immediately after 
     entry between ports of entry; or
       ``(ii) at the southern coastal borders during the 14-day 
     period immediately after entry between ports of entry; or
       ``(B) is seeking admission at a southwest land border port 
     of entry and is determined to be inadmissible, including an 
     alien who utilizes a process approved by the Secretary to 
     allow for safe and orderly entry into the United States.
       ``(4) Secretary.--The term `Secretary' means the Secretary 
     of Homeland Security.
       ``(5) Southern coastal borders.--The term `southern coastal 
     borders' means all maritime borders in California, Texas, 
     Louisiana, Mississippi, Alabama, and Florida.
       ``(6) Unaccompanied alien child.--The term `unaccompanied 
     alien child' has the meaning given such term in section 
     462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 
     279(g)(2)).
       ``(j) Sunset.--This section--
       ``(1) shall take effect on the date of the enactment of 
     this section; and
       ``(2) shall cease to be effective on the day after the 
     first date on which the average daily southwest border 
     encounters has been fewer than 1,000 for 7 consecutive 
     days.''.
       (b) Clerical Amendment.--The table of contents of the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.), as 
     amended by section 4146(b), is further amended by inserting 
     after the item relating to section 244A the following:

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

            Subtitle B--Fulfilling Promises to Afghan Allies

     SEC. 4321. DEFINITIONS.

       In this subtitle:

[[Page S3020]]

       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on the Judiciary of the Senate;
       (B) the Committee on Foreign Relations of the Senate;
       (C) the Committee on Armed Services of the Senate;
       (D) the Committee on Appropriations of the Senate;
       (E) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (F) the Committee on the Judiciary of the House of 
     Representatives;
       (G) the Committee on Foreign Affairs of the House of 
     Representatives;
       (H) the Committee on Armed Services of the House of 
     Representatives;
       (I) the Committee on Appropriations of the House of 
     Representatives; and
       (J) the Committee on Homeland Security of the House of 
     Representatives.
       (2) Immigration laws.--The term ``immigration laws'' has 
     the meaning given such term in section 101(a)(17) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (4) Special immigrant status.--The term ``special immigrant 
     status'' means special immigrant status provided under--
       (A) the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 
     note; Public Law 111-8);
       (B) section 1059 of the National Defense Authorization Act 
     for Fiscal Year 2006 (8 U.S.C. 1101 note; Public Law 109-
     163); or
       (C) subparagraph (N) of section 101(a)(27) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(27)), as 
     added by section 4326(a).
       (5) Specified application.--The term ``specified 
     application'' means--
       (A) a pending, documentarily complete application for 
     special immigrant status; and
       (B) a case in processing in the United States Refugee 
     Admissions Program for an individual who has received a 
     Priority 1 or Priority 2 referral to such program.
       (6) United states refugee admissions program.--The term 
     ``United States Refugee Admissions Program'' means the 
     program to resettle refugees in the United States pursuant to 
     the authorities provided in sections 101(a)(42), 207, and 412 
     of the Immigration and Nationality Act (8 U.S.C. 1101(a)(42), 
     1157, and 1522).

     SEC. 4322. SUPPORT FOR AFGHAN ALLIES OUTSIDE THE UNITED 
                   STATES.

       (a) Response to Congressional Inquiries.--The Secretary of 
     State shall respond to inquiries by Members of Congress 
     regarding the status of a specified application submitted by, 
     or on behalf of, a national of Afghanistan, including any 
     information that has been provided to the applicant, in 
     accordance with section 222(f) of the Immigration and 
     Nationality Act (8 U.S.C. 1202(f)).
       (b) Office in Lieu of Embassy.--During the period in which 
     there is no operational United States embassy in Afghanistan, 
     the Secretary of State shall designate an appropriate office 
     within the Department of State--
       (1) to review specified applications submitted by nationals 
     of Afghanistan residing in Afghanistan, including by 
     conducting any required interviews;
       (2) to issue visas or other travel documents to such 
     nationals, in accordance with the immigration laws;
       (3) to provide services to such nationals, to the greatest 
     extent practicable, that would normally be provided by an 
     embassy; and
       (4) to carry out any other function the Secretary of State 
     considers necessary.

     SEC. 4323. CONDITIONAL PERMANENT RESIDENT STATUS FOR ELIGIBLE 
                   INDIVIDUALS.

       (a) Definitions.--In this section:
       (1) Conditional permanent resident status.--The term 
     ``conditional permanent resident status'' means conditional 
     permanent resident status under section 216 and 216A of the 
     Immigration and Nationality Act (8 U.S.C. 1186a, 1186b), 
     subject to the provisions of this section.
       (2) Eligible individual.--The term ``eligible individual'' 
     means an alien who--
       (A) is present in the United States;
       (B) is a citizen or national of Afghanistan or, in the case 
     of an alien having no nationality, is a person who last 
     habitually resided in Afghanistan;
       (C) has not been granted permanent resident status;
       (D)(i) was inspected and admitted to the United States on 
     or before the date of the enactment of this Act; or
       (ii) was paroled into the United States during the period 
     beginning on July 30, 2021, and ending on the date of the 
     enactment of this Act, provided that such parole has not been 
     terminated by the Secretary upon written notice; and
       (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.

[[Page S3021]]

       (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 date of the enactment of this Act under any 
     provision of the immigration laws other than this section.
       (l) Parents and Legal Guardians of Unaccompanied 
     Children.--A parent or legal guardian of an eligible 
     individual shall be eligible to obtain status as an alien 
     lawfully admitted for permanent residence on a conditional 
     basis if--
       (1) the eligible individual--
       (A) was under 18 years of age on the date on which the 
     eligible individual was granted conditional permanent 
     resident status under this section; and
       (B) was not accompanied by at least one parent or guardian 
     on the date the eligible individual was admitted or paroled 
     into the United States; and
       (2) such parent or legal guardian was admitted or paroled 
     into the United States after the date referred to in 
     paragraph (1)(B).
       (m) Guidance.--
       (1) Interim guidance.--
       (A) In general.--Not later than 120 days after the date of 
     the enactment of this Act, the Secretary shall issue guidance 
     implementing this section.
       (B) Publication.--Notwithstanding section 553 of title 5, 
     United States Code, guidance issued pursuant to subparagraph 
     (A)--
       (i) may be published on the internet website of the 
     Department of Homeland Security; and
       (ii) shall be effective on an interim basis immediately 
     upon such publication but may be subject to change and 
     revision after notice and an opportunity for public comment.
       (2) Final guidance.--
       (A) In general.--Not later than 180 days after the date of 
     issuance of guidance under paragraph (1), the Secretary shall 
     finalize the guidance implementing this section.
       (B) Exemption from the administrative procedures act.--
     Chapter 5 of title 5, United States Code (commonly known as 
     the ``Administrative Procedures Act''), or any other law 
     relating to rulemaking or information collection, shall not 
     apply to the guidance issued under this paragraph.
       (n) Asylum Claims.--
       (1) In general.--With respect to the adjudication of an 
     application for asylum submitted by an eligible individual, 
     section 2502(c) of the Extending Government Funding and 
     Delivering Emergency Assistance Act (8 U.S.C. 1101 note; 
     Public Law 117-43) shall not apply.
       (2) Rule of construction.--Nothing in this section may be 
     construed to prohibit an eligible individual from seeking or 
     receiving asylum under section 208 of the Immigration and 
     Nationality Act (8 U.S.C. 1158).
       (o) Prohibition on Fees.--The Secretary may not charge a 
     fee to any eligible individual in connection with the initial 
     issuance under this section of--
       (1) a document evidencing status as an alien lawfully 
     admitted for permanent residence or conditional permanent 
     resident status; or
       (2) an employment authorization document.
       (p) Eligibility for Benefits.--
       (1) In general.--Notwithstanding any other provision of 
     law--
       (A) an individual described in subsection (a) of section 
     2502 of the Afghanistan Supplemental Appropriations Act, 2022 
     (8 U.S.C. 1101 note; Public Law 117-43) shall retain his or 
     her eligibility for the benefits and services described in 
     subsection (b) of such section if the individual has a 
     pending application, or is granted adjustment of status, 
     under this section; and
       (B) such benefits and services shall remain available to 
     the individual to the same extent and for the same periods of 
     time as such benefits and services are otherwise available to 
     refugees who acquire such status.
       (2) Exception from 5-year limited eligibility for means-
     tested public benefits.--Section 403(b)(1) of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996 (8 U.S.C. 1613(b)(1)) is amended by adding at the end 
     the following:
       ``(F) An alien whose status is adjusted under section 4333 
     of the Border Act to that of an alien lawfully admitted for 
     permanent residence or to that of an alien lawfully admitted 
     for permanent residence on a conditional basis.''.
       (q) Rule of Construction.--Nothing in this section may be 
     construed to preclude an eligible individual from applying 
     for or receiving any immigration benefit to which the 
     individual is otherwise entitled.
       (r) Exemption From Numerical Limitations.--
       (1) In general.--Aliens granted conditional permanent 
     resident status or lawful permanent resident status under 
     this section shall not be subject to the numerical 
     limitations under sections 201, 202, and 203 of the 
     Immigration and Nationality Act (8 U.S.C. 1151, 1152, and 
     1153).
       (2) Spouse and children beneficiaries.--A spouse or child 
     who is the beneficiary of an immigrant petition under section 
     204 of the Immigration and Nationality Act (8 U.S.C. 1154) 
     filed by an alien who has been granted conditional permanent 
     resident status or lawful permanent resident status under 
     this section, seeking classification of the spouse or child 
     under section 203(a)(2)(A) of that Act (8 U.S.C. 
     1153(a)(2)(A)) shall not be subject to the numerical 
     limitations under sections 201, 202, and 203 of the 
     Immigration and Nationality Act (8 U.S.C. 1151, 1152, and 
     1153).
       (s) Effect on Other Applications.--Notwithstanding any 
     other provision of law, in the interest of efficiency, the 
     Secretary may pause consideration of any application or 
     request for an immigration benefit pending adjudication so as 
     to prioritize an application for adjustment of status to an 
     alien lawfully admitted for permanent residence under this 
     section.
       (t) Authorization for Appropriations.--There is authorized 
     to be appropriated to the Attorney General, the Secretary of 
     Health and Human Services, the Secretary, and the Secretary 
     of State such sums as are necessary to carry out this 
     section.

     SEC. 4324. REFUGEE PROCESSES FOR CERTAIN AT-RISK AFGHAN 
                   ALLIES.

       (a) Definition of Afghan Ally.--

[[Page S3022]]

       (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
       (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

[[Page S3023]]

     immediate relative or is eligible for any other immigrant 
     classification.
       (6) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as necessary for each of fiscal 
     years 2024 through 2034 to carry out this section.
       (e) Rule of Construction.--Nothing in this section may be 
     construed to inhibit the Secretary of State from accepting 
     refugee referrals from any entity.

     SEC. 4325. IMPROVING EFFICIENCY AND OVERSIGHT OF REFUGEE AND 
                   SPECIAL IMMIGRANT PROCESSING.

       (a) Acceptance of Fingerprint Cards and Submissions of 
     Biometrics.--In addition to the methods authorized under the 
     heading relating to the Immigration and Naturalization 
     Service under title I of the Departments of Commerce, 
     Justice, and State, the Judiciary, and Related Agencies 
     Appropriations Act of 1998 (Public Law 105-119, 111 Stat. 
     2448; 8 U.S.C. 1103 note), and other applicable law, and 
     subject to such safeguards as the Secretary, in consultation 
     with the Secretary of State or the Secretary of Defense, as 
     appropriate, shall prescribe to ensure the integrity of the 
     biometric collection (which shall include verification of 
     identity by comparison of such fingerprints with fingerprints 
     taken by or under the direct supervision of the Secretary 
     prior to or at the time of the individual's application for 
     admission to the United States), the Secretary may, in the 
     case of any application for any benefit under the Immigration 
     and Nationality Act (8 U.S.C. 1101 et seq.), accept 
     fingerprint cards or any other submission of biometrics--
       (1) prepared by international or nongovernmental 
     organizations under an appropriate agreement with the 
     Secretary or the Secretary of State;
       (2) prepared by employees or contractors of the Department 
     of Homeland Security or the Department of State; or
       (3) provided by an agency (as defined under section 3502 of 
     title 44, United States Code).
       (b) Staffing.--
       (1) Vetting.--The Secretary of State, the Secretary, the 
     Secretary of Defense, and any other agency authorized to 
     carry out the vetting process under this subtitle, shall each 
     ensure sufficient staffing, and request the resources 
     necessary, to efficiently and adequately carry out the 
     vetting of applicants for--
       (A) referral to the United States Refugee Admissions 
     Program, consistent with the determinations established under 
     section 207 of the Immigration and Nationality Act (8 U.S.C. 
     1157); and
       (B) special immigrant status.
       (2) Refugee resettlement.--The Secretary of Health and 
     Human Services shall ensure sufficient staffing to 
     efficiently provide assistance under chapter 2 of title IV of 
     the Immigration and Nationality Act (8 U.S.C. 1521 et seq.) 
     to refugees resettled in the United States.
       (c) Remote Processing.--Notwithstanding any other provision 
     of law, the Secretary of State and the Secretary shall employ 
     remote processing capabilities for refugee processing under 
     section 207 of the Immigration and Nationality Act (8 U.S.C. 
     1157), including secure digital file transfers, 
     videoconferencing and teleconferencing capabilities, remote 
     review of applications, remote interviews, remote collection 
     of signatures, waiver of the applicant's appearance or 
     signature (other than a final appearance and verification by 
     the oath of the applicant prior to or at the time of the 
     individual's application for admission to the United States), 
     waiver of signature for individuals under 5 years old, and 
     any other capability the Secretary of State and the Secretary 
     consider appropriate, secure, and likely to reduce processing 
     wait times at particular facilities.
       (d) Monthly Arrival Reports.--With respect to monthly 
     reports issued by the Secretary of State relating to United 
     States Refugee Admissions Program arrivals, the Secretary of 
     State shall report--
       (1) the number of monthly admissions of refugees, 
     disaggregated by priorities; and
       (2) the number of Afghan allies admitted as refugees.
       (e) Interagency Task Force on Afghan Ally Strategy.--
       (1) Establishment.--Not later than 180 days after the date 
     of the enactment of this Act, the President shall establish 
     an Interagency Task Force on Afghan Ally Strategy (referred 
     to in this section as the ``Task Force'')--
       (A) to develop and oversee the implementation of the 
     strategy and contingency plan described in subparagraph 
     (A)(i) of paragraph (4); and
       (B) to submit the report, and provide a briefing on the 
     report, as described in subparagraphs (A) and (B) of 
     paragraph (4).
       (2) Membership.--
       (A) In general.--The Task Force shall include--
       (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

[[Page S3024]]

       (dd) an assessment of the procedures throughout the special 
     immigrant visa application process, including at the 
     Portsmouth Consular Center, and the effectiveness of 
     communication between the Portsmouth Consular Center and 
     applicants, including an identification of any area in which 
     improvements to the efficiency of such procedures and 
     communication may be made.
       (iii) Form.--The report required under clause (i) shall be 
     submitted in unclassified form but may include a classified 
     annex.
       (B) Briefing.--Not later than 60 days after submitting the 
     report required by clause (i), the Task Force shall brief the 
     appropriate committees of Congress on the contents of the 
     report.
       (5) Termination.--The Task Force shall remain in effect 
     until the later of--
       (A) the date on which the strategy required under paragraph 
     (4)(A)(i)(I) has been fully implemented;
       (B) the date of a determination by the Secretary of State, 
     in consultation with the Secretary of Defense and the 
     Secretary, that a task force is no longer necessary for the 
     implementation of subparagraphs (A) and (B) of paragraph (1); 
     or
       (C) the date that is 10 years after the date of the 
     enactment of this Act.
       (f) Improving Consultation With Congress.--Section 207 of 
     the Immigration and Nationality Act (8 U.S.C. 1157) is 
     amended--
       (1) in subsection (a), by amending paragraph (4) to read as 
     follows:
       ``(4)(A) In the determination made under this subsection 
     for each fiscal year (beginning with fiscal year 1992), the 
     President shall enumerate, with the respective number of 
     refugees so determined, the number of aliens who were granted 
     asylum in the previous year.
       ``(B) In making a determination under paragraph (1), the 
     President shall consider the information in the most recently 
     published projected global resettlement needs report 
     published by the United Nations High Commissioner for 
     Refugees.'';
       (2) in subsection (e), by amending paragraph (2) to read as 
     follows:
       ``(2) A description of the number and allocation of the 
     refugees to be admitted, including the expected allocation by 
     region, and an analysis of the conditions within the 
     countries from which they came.''; and
       (3) by adding at the end the following--
       ``(g) Quarterly Reports on Admissions.--Not later than 30 
     days after the last day of each quarter beginning the fourth 
     quarter of fiscal year 2024, the President shall submit to 
     the Committee on Homeland Security and Governmental Affairs, 
     the Committee on the Judiciary, and the Committee on Foreign 
     Relations of the Senate and the Committee on Homeland 
     Security, the Committee on the Judiciary, and the Committee 
     on Foreign Affairs of the House of Representatives a report 
     that includes the following:
       ``(1) Refugees admitted.--
       ``(A) The number of refugees admitted to the United States 
     during the preceding quarter.
       ``(B) The cumulative number of refugees admitted to the 
     United States during the applicable fiscal year, as of the 
     last day of the preceding quarter.
       ``(C) The number of refugees expected to be admitted to the 
     United States during the remainder of the applicable fiscal 
     year.
       ``(D) The number of refugees from each region admitted to 
     the United States during the preceding quarter.
       ``(2) Aliens with pending security checks.--With respect 
     only to aliens processed under section 101(a)(27)(N), 
     subtitle C of title III of the Border Act, or section 
     602(b)(2)(A)(ii)(II) of the Afghan Allies Protection Act of 
     2009 (8 U.S.C. 1101 note; Public Law 111-8)--
       ``(A) the number of aliens, by nationality, security check, 
     and responsible vetting agency, for whom a National Vetting 
     Center or other security check has been requested during the 
     preceding quarter, and the number of aliens, by nationality, 
     for whom the check was pending beyond 30 days; and
       ``(B) the number of aliens, by nationality, security check, 
     and responsible vetting agency, for whom a National Vetting 
     Center or other security check has been pending for more than 
     180 days.
       ``(3) Circuit rides.--
       ``(A) For the preceding quarter--
       ``(i) the number of Refugee Corps officers deployed on 
     circuit rides and the overall number of Refugee Corps 
     officers;
       ``(ii) the number of individuals interviewed--

       ``(I) on each circuit ride; and
       ``(II) at each circuit ride location;

       ``(iii) the number of circuit rides; and
       ``(iv) for each circuit ride, the duration of the circuit 
     ride.
       ``(B) For the subsequent 2 quarters, the number of circuit 
     rides planned.
       ``(4) Processing.--
       ``(A) For refugees admitted to the United States during the 
     preceding quarter, the average number of days between--
       ``(i) the date on which an individual referred to the 
     United States Government as a refugee applicant is 
     interviewed by the Secretary of Homeland Security; and
       ``(ii) the date on which such individual is admitted to the 
     United States.
       ``(B) For refugee applicants interviewed by the Secretary 
     of Homeland Security in the preceding quarter, the approval, 
     denial, recommended approval, recommended denial, and hold 
     rates for the applications for admission of such individuals, 
     disaggregated by nationality.''.

     SEC. 4326. SUPPORT FOR CERTAIN VULNERABLE AFGHANS RELATING TO 
                   EMPLOYMENT BY OR ON BEHALF OF THE UNITED 
                   STATES.

       (a) Special Immigrant Visas for Certain Relatives of 
     Certain Members of the Armed Forces.--
       (1) In general.--Section 101(a)(27) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(27)) is amended--
       (A) in subparagraph (L)(iii), by adding a semicolon at the 
     end;
       (B) in subparagraph (M), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(N) a citizen or national of Afghanistan who is the 
     parent or brother or sister of--
       ``(i) a member of the armed forces (as defined in section 
     101(a) of title 10, United States Code); or
       ``(ii) a veteran (as defined in section 101 of title 38, 
     United States Code).''.
       (2) Numerical limitations.--
       (A) In general.--Subject to subparagraph (C), the total 
     number of principal aliens who may be provided special 
     immigrant visas under subparagraph (N) of section 101(a)(27) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(27)), as added by paragraph (1), may not exceed 2,500 
     each fiscal year.
       (B) Carryover.--If the numerical limitation specified in 
     subparagraph (A) is not reached during a given fiscal year, 
     the numerical limitation specified in such subparagraph for 
     the following fiscal year shall be increased by a number 
     equal to the difference between--
       (i) the numerical limitation specified in subparagraph (A) 
     for the given fiscal year; and
       (ii) the number of principal aliens provided special 
     immigrant visas under subparagraph (N) of section 101(a)(27) 
     of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)) 
     during the given fiscal year.
       (C) Maximum number of visas.--The total number of aliens 
     who may be provided special immigrant visas under 
     subparagraph (N) of section 101(a)(27) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(27)) shall not exceed 
     10,000.
       (D) Duration of authority.--The authority to issue visas 
     under subparagraph (N) of section 101(a)(27) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(27)) 
     shall--
       (i) commence on the date of the enactment of this Act; and
       (ii) terminate on the date on which all such visas are 
     exhausted.
       (b) Certain Afghans Injured or Killed in the Course of 
     Employment.--Section 602(b) of the Afghan Allies Protection 
     Act of 2009 (8 U.S.C. 1101 note; Public Law 111-8) is 
     amended--
       (1) in paragraph (2)(A)--
       (A) by amending clause (ii) to read as follows:
       ``(ii)(I) was or is employed in Afghanistan on or after 
     October 7, 2001, for not less than 1 year--

       ``(aa) by, or on behalf of, the United States Government; 
     or
       ``(bb) by the International Security Assistance Force (or 
     any successor name for such Force) in a capacity that 
     required the alien--

       ``(AA) while traveling off-base with United States military 
     personnel stationed at the International Security Assistance 
     Force (or any successor name for such Force), to serve as an 
     interpreter or translator for such United States military 
     personnel; or
       ``(BB) to perform activities for the United States military 
     personnel stationed at International Security Assistance 
     Force (or any successor name for such Force); or
       ``(II) in the case of an alien who was wounded or seriously 
     injured in connection with employment described in subclause 
     (I), was employed for any period until the date on which such 
     wound or injury occurred, if the wound or injury prevented 
     the alien from continuing such employment;''; and
       (B) in clause (iii), by striking ``clause (ii)'' and 
     inserting ``clause (ii)(I)'';
       (2) in paragraph (13)(A)(i), by striking ``subclause (I) or 
     (II)(bb) of paragraph (2)(A)(ii)'' and inserting ``item (aa) 
     or (bb)(BB) of paragraph (2)(A)(ii)(I)'';
       (3) in paragraph (14)(C), by striking ``paragraph 
     (2)(A)(ii)'' and inserting ``paragraph (2)(A)(ii)(I)''; and
       (4) in paragraph (15), by striking ``paragraph (2)(A)(ii)'' 
     and inserting ``paragraph (2)(A)(ii)(I)''.
       (c) Extension of Special Immigrant Visa Program Under 
     Afghan Allies Protection Act of 2009.--Section 602(b) of the 
     Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note; 
     Public Law 111-8) is amended--
       (1) in paragraph (3)(F)--
       (A) in the subparagraph heading, by striking ``Fiscal years 
     2015 through 2022'' and inserting ``Fiscal years 2015 through 
     2029''; and
       (B) in clause (i), by striking ``December 31, 2024'' and 
     inserting ``December 31, 2029''; and
       (C) in clause (ii), by striking ``December 31, 2024'' and 
     inserting ``December 31, 2029''; and
       (2) in paragraph (13), in the matter preceding subparagraph 
     (A), by striking ``January 31, 2024'' and inserting ``January 
     31, 2030''.
       (d) Authorization of Virtual Interviews.--Section 602(b)(4) 
     of the Afghan Allies Protection Act of 2009 ( 8 U.S.C. 1101 
     note; Public Law 111-8;) is amended by adding at the end the 
     following:
       ``(D) Virtual interviews.--Notwithstanding section 222(e) 
     of the Immigration and Nationality Act (8 U.S.C. 1202(e)), an 
     application for an immigrant visa under this section may be 
     signed by the applicant through a virtual video meeting 
     before a consular officer and verified by the oath of

[[Page S3025]]

     the applicant administered by the consular officer during a 
     virtual video meeting.''.
       (e) Quarterly Reports.--Paragraph (12) of section 602(b) of 
     the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note; 
     Public Law 111-8) is amended is amended to read as follows:
       ``(12) Quarterly reports.--
       ``(A) Report to congress.--Not later than 120 days after 
     the date of enactment of the Border Act and every 90 days 
     thereafter, the Secretary of State and the Secretary of 
     Homeland Security, in consultation with the Secretary of 
     Defense, shall submit to the appropriate committees of 
     Congress a report that includes the following:
       ``(i) For the preceding quarter--

       ``(I) a description of improvements made to the processing 
     of special immigrant visas and refugee processing for 
     citizens and nationals of Afghanistan;
       ``(II) the number of new Afghan referrals to the United 
     States Refugee Admissions Program, disaggregated by referring 
     entity;
       ``(III) the number of interviews of Afghans conducted by 
     U.S. Citizenship and Immigration Services, disaggregated by 
     the country in which such interviews took place;
       ``(IV) the number of approvals and the number of denials of 
     refugee status requests for Afghans;
       ``(V) the number of total admissions to the United States 
     of Afghan refugees;
       ``(VI) number of such admissions, disaggregated by whether 
     the refugees come from within, or outside of, Afghanistan;
       ``(VII) the average processing time for citizens and 
     nationals of Afghanistan who are applicants for referral 
     under section 4324 of the Border Act;
       ``(VIII) the number of such cases processed within such 
     average processing time; and
       ``(IX) the number of denials issued with respect to 
     applications by citizens and nationals of Afghanistan for 
     referrals under section 4324 of the Border Act.

       ``(ii) The number of applications by citizens and nationals 
     of Afghanistan for refugee referrals pending as of the date 
     of submission of the report.
       ``(iii) A description of the efficiency improvements made 
     in the process by which applications for special immigrant 
     visas under this subsection are processed, including 
     information described in clauses (iii) through (viii) of 
     paragraph (11)(B).
       ``(B) Form of report.--Each report required by subparagraph 
     (A) shall be submitted in unclassified form but may contain a 
     classified annex.
       ``(C) Public posting.--The Secretary of State shall publish 
     on the website of the Department of State the unclassified 
     portion of each report submitted under subparagraph (A).''.
       (f) General Provisions.--
       (1) Prohibition on fees.--The Secretary, the Secretary of 
     Defense, or the Secretary of State may not charge any fee in 
     connection with an application for, or issuance of, a special 
     immigrant visa or special immigrant status under--
       (A) section 602 of the Afghan Allies Protection Act of 2009 
     (8 U.S.C. 1101 note; Public Law 111-8);
       (B) section 1059 of the National Defense Authorization Act 
     for Fiscal Year 2006 (8 U.S.C. 1101 note; Public Law 109-
     163); or
       (C) subparagraph (N) of section 101(a)(27) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(27)), as 
     added by subsection (a)(1).
       (2) Defense personnel.--Any limitation in law with respect 
     to the number of personnel within the Office of the Secretary 
     of Defense, the military departments, or a Defense Agency (as 
     defined in section 101(a) of title 10, United States Code) 
     shall not apply to personnel employed for the primary purpose 
     of carrying out this section.
       (3) Protection of aliens.--The Secretary of State, in 
     consultation with the head of any other appropriate Federal 
     agency, shall make a reasonable effort to provide an alien 
     who is seeking status as a special immigrant under 
     subparagraph (N) of section 101(a)(27) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(27)), as added by 
     subsection (a)(1), protection or to immediately remove such 
     alien from Afghanistan, if possible.
       (4) Resettlement support.--A citizen or national of 
     Afghanistan who is admitted to the United States under this 
     section or an amendment made by this section shall be 
     eligible for resettlement assistance, entitlement programs, 
     and other benefits available to refugees admitted under 
     section 207 of the Immigration and Nationality Act (8 U.S.C. 
     1157) to the same extent, and for the same periods of time, 
     as such refugees.

     SEC. 4327. SUPPORT FOR ALLIES SEEKING RESETTLEMENT IN THE 
                   UNITED STATES.

       Notwithstanding any other provision of law, during the 
     period beginning on the date of the enactment of this Act and 
     ending on the date that is 10 years thereafter, the Secretary 
     and the Secretary of State may waive any fee or surcharge or 
     exempt individuals from the payment of any fee or surcharge 
     collected by the Department of Homeland Security and the 
     Department of State, respectively, in connection with a 
     petition or application for, or issuance of, an immigrant 
     visa to a national of Afghanistan under section 
     201(b)(2)(A)(i) or 203(a) of the Immigration and Nationality 
     Act (8 U.S.C. 1151(b)(2)(A)(i) and 1153(a)), respectively.

     SEC. 4328. REPORTING.

       (a) Quarterly Reports.--Beginning on January 1, 2028, not 
     less frequently than quarterly, the Secretary shall submit to 
     the Committee on the Judiciary of the Senate and the 
     Committee on the Judiciary of the House of Representatives a 
     report that includes, for the preceding quarter--
       (1) the number of individuals granted conditional permanent 
     resident status under section 4323, disaggregated by the 
     number of such individuals for whom conditions have been 
     removed;
       (2) the number of individuals granted conditional permanent 
     resident status under section 4323 who have been determined 
     to be ineligible for removal of conditions (and the reasons 
     for such determination); and
       (3) the number of individuals granted conditional permanent 
     resident status under section 4323 for whom no such 
     determination has been made (and the reasons for the lack of 
     such determination).
       (b) Annual Reports.--Not less frequently than annually, the 
     Secretary, in consultation with the Attorney General, shall 
     submit to the appropriate committees of Congress a report 
     that includes for the preceding year, with respect to 
     individuals granted conditional permanent resident status 
     under section 4323--
       (1) the number of such individuals who are placed in 
     removal proceedings under section 240 of the Immigration and 
     Nationality Act (8 U.S.C. 1229a) charged with a ground of 
     deportability under subsection (a)(2) of section 237 of that 
     Act (8 U.S.C. 1227), disaggregated by each applicable ground 
     under that subsection;
       (2) the number of such individuals who are placed in 
     removal proceedings under section 240 of the Immigration and 
     Nationality Act (8 U.S.C. 1229a) charged with a ground of 
     deportability under subsection (a)(3) of section 237 of that 
     Act (8 U.S.C. 1227), disaggregated by each applicable ground 
     under that subsection;
       (3) the number of final orders of removal issued pursuant 
     to proceedings described in paragraphs (1) and (2), 
     disaggregated by each applicable ground of deportability;
       (4) the number of such individuals for whom such 
     proceedings are pending, disaggregated by each applicable 
     ground of deportability; and
       (5) a review of the available options for removal from the 
     United States, including any changes in the feasibility of 
     such options during the preceding year.

                 TITLE IV--PROMOTING LEGAL IMMIGRATION

     SEC. 4401. EMPLOYMENT AUTHORIZATION FOR FIANCES, FIANCEES, 
                   SPOUSES, AND CHILDREN OF UNITED STATES CITIZENS 
                   AND SPECIALTY WORKERS.

       Section 214(c) of the Immigration and Nationality Act (8 
     U.S.C. 1184(c)) is amended by adding at the end the 
     following:
       ``(15) The Secretary of Homeland Security shall authorize 
     an alien fiance, fiancee, or spouse admitted pursuant to 
     clause (i) or (ii) of section 101(a)(15)(K), or any child 
     admitted pursuant to section 101(a)(15)(K)(iii) to engage in 
     employment in the United States incident to such status and 
     shall provide the alien with an `employment authorized' 
     endorsement during the period of authorized admission.
       ``(16) Upon the receipt of a completed petition described 
     in subparagraph (E) or (F) of section 204(a)(1) for a 
     principal alien who has been admitted pursuant to section 
     101(a)(15)(H)(i)(b), the Secretary of Homeland Security shall 
     authorize the alien spouse or child of such principal alien 
     who has been admitted under section 101(a)(15)(H) to 
     accompany or follow to join a principal alien admitted under 
     such section, to engage in employment in the United States 
     incident to such status and shall provide the alien with an 
     `employment authorized' endorsement during the period of 
     authorized admission.''.

     SEC. 4402. ADDITIONAL VISAS.

       Section 201 of the Immigration and Nationality Act (8 
     U.S.C. 1151) is amended--
       (1) in subsection (c)--
       (A) by adding at the end the following:
       ``(6)(A) For fiscal years 2025, 2026, 2027, 2028, and 
     2029--
       ``(i) 512,000 shall be substituted for 480,000 in paragraph 
     (1)(A)(i); and
       ``(ii) 258,000 shall be substituted for 226,000 in 
     paragraph (1)(B)(i)(i).
       ``(B) The additional visas authorized under subparagraph 
     (A)--
       ``(i) shall be issued each fiscal year;
       ``(ii) shall remain available in any fiscal year until 
     issued; and
       ``(iii) shall be allocated in accordance with this section 
     and sections 202 and 203.''; and
       (2) in subsection (d), by adding at the end the following:
       ``(3)(A) For fiscal years 2025, 2026, 2027, 2028, and 2029, 
     158,000 shall be substituted for 140,000 in paragraph (1)(A).
       ``(B) The additional visas authorized under subparagraph 
     (A)--
       ``(i) shall be issued each fiscal year;
       ``(ii) shall remain available in any fiscal year until 
     issued; and
       ``(iii) shall be allocated in accordance with this section 
     and section 202 and 203.''.

     SEC. 4403. CHILDREN OF LONG-TERM VISA HOLDERS.

       (a) Maintaining Family Unity for Children of Long-term H-1B 
     Nonimmigrants Affected by Delays in Visa Availability.--
     Section 203(h) of the Immigration and Nationality Act (8 
     U.S.C. 1153(h)) is amended by adding at the end the 
     following:
       ``(6) Child status determination for certain dependent 
     children of h-1b nonimmigrants.--
       ``(A) Determinative factors.--For purposes of subsection 
     (d), the determination of

[[Page S3026]]

     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.
       (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)

[[Page S3027]]

     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 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),''.

[[Page S3028]]

  


     SEC. 4512. COUNSEL FOR CERTAIN UNACCOMPANIED ALIEN CHILDREN.

        Section 235(c)(5) of the William Wilberforce Trafficking 
     Victims Protection Reauthorization Act of 2008 (8 U.S.C. 
     1232(c)(5)) is amended to read as follows:
       ``(5) Access to counsel.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the Secretary of Health and Human Services shall ensure, to 
     the greatest extent practicable and consistent with section 
     292 of the Immigration and Nationality Act (8 U.S.C. 1362), 
     that all unaccompanied alien children who are or have been in 
     the custody of the Secretary of Health and Human Services or 
     the Secretary of Homeland Security, and who are not described 
     in subsection (a)(2)(A), have counsel to represent them in 
     legal proceedings or matters and protect them from 
     mistreatment, exploitation, and trafficking. To the greatest 
     extent practicable, the Secretary of Health and Human 
     Services shall make every effort to utilize the services of 
     pro bono counsel who agree to provide representation to such 
     children without charge.
       ``(B) Exception for certain children.--
       ``(i) In general.--An unaccompanied alien child who is 13 
     years of age or younger, and who is placed in or referred to 
     removal proceedings pursuant to section 240 of the 
     Immigration and Nationality Act (8 U.S.C. 1229a), shall be 
     represented by counsel subject to clause (v).
       ``(ii) Age determinations.--The Secretary of Health and 
     Human Services shall ensure that age determinations of 
     unaccompanied alien children are conducted in accordance with 
     the procedures developed pursuant to subsection (b)(4).
       ``(iii) Appeals.--The rights and privileges under this 
     subparagraph--

       ``(I) shall not attach to--

       ``(aa) an unaccompanied alien child after the date on 
     which--
       ``(AA) the removal proceedings of the child under section 
     240 of the Immigration and Nationality Act (8 U.S.C. 1229a) 
     terminate;
       ``(BB) an order of removal with respect to the child 
     becomes final; or
       ``(CC) an immigration benefit is granted to the child; or
       ``(bb) an appeal to a district court or court of appeals of 
     the United States, unless certified by the Secretary as a 
     case of extraordinary importance; and

       ``(II) shall attach to administrative reviews and appeals.

       ``(iv) Implementation.--Not later than 90 days after the 
     date of the enactment of the Border Act, the Secretary of 
     Health and Human Services shall implement this subparagraph
       ``(v) Remedies.--

       ``(I) In general.--For the population described in clause 
     (i) of this subparagraph and subsection (b)(1) of section 292 
     of the Immigration and Nationality Act (8 U.S.C. 1362), 
     declaratory judgment that the unaccompanied alien child has a 
     right to be referred to counsel, including pro-bono counsel, 
     or a continuance of immigration proceedings, shall be the 
     exclusive remedies available, other than for those funds 
     subject to appropriations.
       ``(II) Settlements.--Any settlement under this subparagraph 
     shall be subject to appropriations.''.

     SEC. 4513. COUNSEL FOR CERTAIN INCOMPETENT INDIVIDUALS.

       Section 240 of the Immigration and Nationality Act (8 
     U.S.C. 1158(a)) is amended--
       (1) by redesignating subsection (e) as subsection (f); and
       (2) by inserting after subsection (d) the following:
       ``(e) Representation for Certain Incompetent Aliens.--
       ``(1) In general.--The immigration judge is authorized to 
     appoint legal counsel or a certified representative 
     accredited through the Department of Justice to represent an 
     alien in removal proceedings if--
       ``(A) pro bono counsel is not available; and
       ``(B) the alien--
       ``(i) is unrepresented;
       ``(ii) was found by an immigration judge to be incompetent 
     to represent themselves; and
       ``(iii) has been placed in or referred to removal 
     proceedings pursuant to this section.
       ``(2) Determination on competence.--
       ``(A) Presumption of competence.--An alien is presumed to 
     be competent to participate in removal proceedings and has 
     the duty to raise the issue of competency. If there are no 
     indicia of incompetency in an alien's case, no further 
     inquiry regarding competency is required.
       ``(B) Decision of the immigration judge.--
       ``(i) In general.--If there are indicia of incompetency, 
     the immigration judge shall 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.

[[Page S3029]]

  


     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 for U.S. Customs and Border Protection shall 
     publish, not later than the seventh day of each month, on a 
     publicly available website of the Department, information 
     from the previous month relating to--
       (1) the number of alien encounters, disaggregated by--
       (A) whether such aliens are admissible or inadmissible, 
     including the basis for such determinations;
       (B) the U.S. Border Patrol sector and U.S. Customs and 
     Border Protection field office that recorded the encounter;
       (C) any outcomes recorded in the terrorist screening 
     database (as such term is defined in section 2101 of the 
     Homeland Security Act of 2002 (6 U.S.C. 621)), including--
       (i) whether the alien is found to be inadmissible or 
     removable due to a specific ground relating to terrorism;
       (ii) the alien's country of nationality, race or ethnic 
     identification, and age; and
       (iii) whether the alien's alleged terrorism is related to 
     domestic or international actors, if available;
       (D) aliens with active Federal or State warrants for arrest 
     in the United States and the nature of the crimes justifying 
     such warrants;
       (E) the nationality of the alien;
       (F) whether the alien encountered is a single adult, an 
     individual in a family unit, an unaccompanied child, or an 
     accompanied child;
       (G) the average time the alien remained in custody, 
     disaggregated by demographic information;
       (H) the processing disposition of each alien described in 
     this paragraph upon such alien's release from the custody of 
     U.S. Customs and Border Protection, disaggregated by 
     nationality;
       (I) the number of aliens who are paroled pursuant to 
     section 212(d)(5) of the Immigration and Nationality Act (8 
     U.S.C. 1182(d)(5)), disaggregated by geographic region or 
     sector;
       (J) the recidivism rate of aliens described in this 
     paragraph, including the definition of ``recidivism'' and 
     notice of any changes to such definition; and
       (K) aliens who have a confirmed gang affiliation, 
     including--
       (i) whether such alien was determined to be inadmissible or 
     removable due to such affiliation;
       (ii) the specific gang affiliation alleged;
       (iii) the basis of such allegation; and
       (iv) the Federal agency or component that made such 
     allegation or determination;
       (2) seizures, disaggregated by the U.S. Border Patrol 
     sector and U.S. Customs and Border Protection field office 
     that recorded the encounter, of--
       (A) narcotics;
       (B) firearms, whether inbound or outbound, including 
     whether such firearms were manufactured in the United States, 
     if known;
       (C) monetary instruments, whether inbound and outbound; and
       (D) other specifically identified contraband;
       (3) with respect to border emergency authority described in 
     section 244A of the Immigration and Nationality Act, as added 
     by section 4301--
       (A) the number of days such authority was in effect;
       (B) the number of encounters (as defined in section 
     244A(i)(3)) of such Act, disaggregated by U.S. Border Patrol 
     sector and U.S. Customs and Border Patrol field office;
       (C) the number of summary removals made under such 
     authority;
       (D) the number of aliens who manifested a fear of 
     persecution or torture and were screened for withholding of 
     removal or for protection under the Convention Against 
     Torture, and the disposition of each such screening, 
     including the processing disposition or outcome;
       (E) the number of aliens who were screened at a port of 
     entry in a safe and orderly manner each day such authority 
     was in effect, including the processing disposition or 
     outcome;
       (F) whether such authority was exercised under subparagraph 
     (A), (B)(i), or (B)(ii) of section 244A(b)(3) of such Act;
       (G) a public description of all the methods by which the 
     Secretary determines if an alien may be screened in a safe 
     and orderly manner;
       (H) the total number of languages that are available for 
     such safe and orderly process;
       (I) the number of aliens who were returned to a country 
     that is not their country of nationality;
       (J) the number of aliens who were returned to any country 
     without a humanitarian or protection determination during the 
     use of such authority;
       (K) the number of United States citizens who were 
     inadvertently detained, removed, or affected by such border 
     emergency authority;
       (L) the number of individuals who have lawful permission to 
     enter the United States and were inadvertently detained, 
     removed, or affected by such border emergency authority;
       (M) a summary of the impact to lawful trade and travel 
     during the use of such border emergency authority, 
     disaggregated by port of entry;
       (N) the disaggregation of the information described in 
     subparagraphs (C), (D), (E), (I), (J), (K), and (L) by the 
     time the alien remained in custody and by citizenship and 
     family status, including--
       (i) single adults;
       (ii) aliens traveling in a family unit;
       (iii) unaccompanied children;
       (iv) accompanied children;
       (4) information pertaining to agricultural inspections;
       (5) border rescues and mortality data;
       (6) information regarding trade and travel; and
       (7) with respect to aliens who were transferred from the 
     physical custody of a State or Federal law enforcement agency 
     or other State agency to the physical custody of a Federal 
     agency or component--
       (A) the specific States concerned;
       (B) whether such alien had initially been charged with a 
     State crime before the State transferred such alien to such 
     Federal agency or component; and
       (C) the underlying State crime with which the alien was 
     charged.
       (b) Totals.--The information described in subsection (a) 
     shall include the total amount

[[Page S3030]]

     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--
       (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;

[[Page S3031]]

       (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 pursuant to subparagraph (A), 
     designees of the Secretary of Homeland Security and of the 
     Secretary of State shall brief the committees referred to in 
     subparagraph (A)(ii) regarding any measures taken to 
     encourage countries to accept the return of their citizens, 
     subjects, or nationals, or aliens whose last habitual 
     residence was within each such country, who have been ordered 
     removed from the United States.
       ``(C) Contents.--Each report prepared pursuant to 
     subparagraph (A)(i) shall include--
       ``(i) a list of all countries that--

       ``(I) deny the acceptance of their citizens, subjects, or 
     nationals, or aliens whose last habitual residence was within 
     such country, who have been ordered removed to such country 
     from the United States; or
       ``(II) unreasonably delay the acceptance of their citizens, 
     subjects, or nationals, or aliens whose last habitual 
     residence was within such country, who have been ordered 
     removed to such country from the United States;

       ``(ii) for each country described in clause (i)(II), the 
     average length of delay of such citizens, subjects, 
     nationals, or aliens acceptance into such country;
       ``(iii) a list of the foreign countries that have placed 
     unreasonable limitations upon the acceptance of their 
     citizens, subjects, or nationals, or aliens whose last 
     habitual residence was within such country, who have been 
     ordered removed to such country from the United States;
       ``(iv) a description of the criteria used to determine that 
     a country described under clause (iii) has placed such 
     unreasonable limitations;
       ``(v) the number of aliens ordered removed from the United 
     States to a country described in clause (i) or (iii) whose 
     removal from the United States was pending as of the last day 
     of the previous fiscal year, including--

       ``(I) the number of aliens who--

       ``(aa) received a denial of a work authorization; and
       ``(bb) are not eligible to request work authorization;
       ``(vi) the number of aliens ordered removed from the United 
     States to a country described in clause (i) or (iii) whose 
     removal from the United States was pending as of the last day 
     of the previous fiscal year and who are being detained, 
     disaggregated by--

       ``(I) the length of such detention;
       ``(II) the aliens who requested a review of the significant 
     likelihood of their removal in the reasonably foreseeable 
     future;
       ``(III) the aliens for whom the request for release under 
     such review was denied;
       ``(IV) the aliens who remain detained on account of special 
     circumstances despite no significant likelihood that such 
     aliens will be removed in the foreseeable future, 
     disaggregated by the specific circumstance;
       ``(V) the aliens described in subclause (IV) who are being 
     detained based on a determination that they are specially 
     dangerous;
       ``(VI) the aliens described in subclause (V) whose request 
     to review the basis for their continued detention was denied;
       ``(VII) demographic categories, including part of a family 
     unit, single adults, and unaccompanied alien children;

       ``(vii) the number of aliens referred to in clauses (i) 
     through (iii) who--

       ``(I) have criminal convictions, disaggregated by National 
     Crime Information Center code, whether misdemeanors or 
     felonies;
       ``(II) are considered national security threats to the 
     United States;
       ``(III) are members of a criminal gang or another organized 
     criminal organization, if found to be inadmissible or 
     removable on such grounds; or
       ``(IV) have been released from U.S. Immigration and Customs 
     Enforcement custody on an order of supervision and the type 
     of supervision and compliance with such supervision, if 
     applicable;

       ``(viii) a description of the actions taken by the 
     Department of Homeland Security and the Department of State 
     to encourage foreign nations to accept the return of their 
     nationals; and
       ``(ix) the total number of individuals that such 
     jurisdiction has accepted who are not citizens, subjects, or 
     nationals, or aliens who last habitually resided within such 
     jurisdiction and have been removed from the United States, if 
     any.''.

                        TITLE VII--OTHER MATTERS

     SEC. 4701. SEVERABILITY.

       If any provision of this Act, any amendment made by this 
     Act, or the application of any such provision or amendment to 
     any person or circumstance is held to be unconstitutional, 
     the remainder of this Act, the amendments made by this Act, 
     and the application of such provisions or amendments to any 
     other person or circumstance shall not be affected.
                                 ______
                                 
  SA 1864. Mr. HAGERTY submitted an amendment intended to be proposed 
by him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  None of the funds made available by this Act may 
     be used to provide grants or other funding to any government 
     entity or organization, including nonprofit entities, that 
     has not certified that it does not facilitate voting by 
     noncitizens in Federal, State, or local government elections.
                                 ______
                                 
  SA 1865. Mr. HAGERTY submitted an amendment intended to be proposed 
by him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

[[Page S3032]]

       Sec. __.  None of the funds made available by this Act may 
     be used to provide grants or other funding to any government 
     entity or organization, including nonprofit entities, that 
     facilitates voting by noncitizens in Federal, State, or local 
     government elections.
                                 ______
                                 
  SA 1866. Mr. HAGERTY submitted an amendment intended to be proposed 
by him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 22, between lines 20 and 21, insert the following:
       Sec. 311.  None of the funds appropriated in this division 
     may be made available to facilitate the migration, 
     resettlement, or admission into the United States of any 
     alien who is inadmissible under section 212(a)(3)(B) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)) 
     based upon activity or affiliation related to Hamas.
                                 ______
                                 
  SA 1867. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:
       At the appropriate place, insert the following:
       Sec. __.  Notwithstanding any provision of any division of 
     this Act, section 403 of title IV of division B, which 
     modifies the application of section 552(c)(2) of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2348a(c)(2)), is repealed.
                                 ______
                                 
  SA 1868. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  Notwithstanding any other provision of any 
     division of this Act, the appropriation of $1,575,000,000 for 
     Assistance for Europe, Eurasia and Central Asia in title IV 
     of division B shall have no force or effect.
                                 ______
                                 
  SA 1869. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:
       At the appropriate place, insert the following:

     SEC. __. NOTWITHSTANDING ANY PROVISION OF ANY DIVISION OF 
                   THIS ACT, SECTION 402 OF TITLE IV OF DIVISION 
                   B, WHICH MODIFIES THE APPLICATION OF SECTION 
                   506(A)(2)(B) OF THE FOREIGN ASSISTANCE ACT OF 
                   1961 (22 U.S.C. 2318(A)(2)(B)), IS REPEALED.

                                 ______
                                 
  SA 1870. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:
       At the appropriate place, insert the following:

     SEC. __. NOTWITHSTANDING ANY PROVISION OF ANY DIVISION OF 
                   THIS ACT, NONE OF THE FUNDS MADE AVAILABLE FOR 
                   BUDGET SUPPORT FOR UKRAINE FROM THE ECONOMIC 
                   SUPPORT FUND MAY BE USED FOR THE REIMBURSEMENT 
                   OF SALARIES OR WELFARE PROGRAMS.

                                 ______
                                 
  SA 1871. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:
       At the appropriate place, insert the following:

     SEC. __. NOTWITHSTANDING ANY PROVISION OF ANY DIVISION OF 
                   THIS ACT, NONE OF THE FUNDS MADE AVAILABLE FOR 
                   BUDGET SUPPORT FOR UKRAINE FROM THE ECONOMIC 
                   SUPPORT FUND MAY BE USED FOR THE REIMBURSEMENT 
                   OF SALARIES.

                                 ______
                                 
  SA 1872. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:
       At the appropriate place, insert the following:

     SEC. __. NOTWITHSTANDING ANY PROVISION OF ANY DIVISION OF 
                   THIS ACT, THE $7,899,000,000 APPROPRIATED FOR 
                   THE ECONOMIC SUPPORT FUND IS RESCINDED.

                                 ______
                                 
  SA 1873. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

       Beginning on page 38, strike line 8 and all that follows 
     through page 48, line 13, and insert the following:
       (c) Limitation on Arrangement Terms.--
       (1) In general.--The arrangement required under subsection 
     (a) may not provide for the cancellation of any or all 
     amounts of indebtedness.
       (2) Use of payments.--All payments received by the 
     Government of the United States from the Government of 
     Ukraine resulting from any loan or loan guarantee authorized 
     by an Act of Congress shall be exclusively and indefinitely 
     reserved for deposit in the United States Treasury for 
     purposes of repayment of the national debt.
                                 ______
                                 
  SA 1874. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

       Beginning on page 38 of H.R. 8035, as passed by the House 
     of Representatives and incorporated by reference into this 
     Act by H. Res. 1160, strike line 8 and all that follows 
     through page 48, line 13, and insert the following:
       (c) Limitation on Arrangement Terms.--
       (1) In general.--The arrangement required under subsection 
     (a) may not provide for the cancellation of any or all 
     amounts of indebtedness.
       (2) Use of payments.--All payments received by the 
     Government of the United States from the Government of 
     Ukraine resulting from any loan authorized by this Act shall 
     be exclusively and indefinitely reserved for--
       (A) the construction of a wall along the southern land 
     border of the United States; and
       (B) other measures to improve the security of the borders 
     of the United States.
                                 ______
                                 
  SA 1875. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. NOTWITHSTANDING ANY PROVISION OF ANY DIVISION OF 
                   THIS ACT, SECTION 401 OF TITLE IV OF DIVISION 
                   B, WHICH MODIFIES THE APPLICATION OF SECTION 
                   506(A)(1) OF THE FOREIGN ASSISTANCE ACT OF 1961 
                   (22 U.S.C. 2318(A)(1)), IS REPEALED.

                                 ______
                                 
  SA 1876. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

[[Page S3033]]

  


     SEC. __. NOTWITHSTANDING ANY OTHER PROVISION OF ANY DIVISION 
                   OF THIS ACT, THE APPROPRIATION OF $481,000,000 
                   TO THE ADMINISTRATION FOR CHILDREN AND FAMILIES 
                   FOR REFUGEE AND ENTRANT ASSISTANCE IN TITLE III 
                   OF DIVISION B SHALL HAVE NO FORCE OR EFFECT.

                                 ______
                                 
  SA 1877. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. NOTWITHSTANDING ANY OTHER PROVISION OF ANY DIVISION 
                   OF THIS ACT, THE APPROPRIATION OF $300,000,000 
                   FOR INTERNATIONAL NARCOTICS CONTROL AND LAW 
                   ENFORCEMENT IN TITLE IV OF DIVISION B SHALL 
                   HAVE NO FORCE OR EFFECT.

                                 ______
                                 
  SA 1878. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. NOTWITHSTANDING ANY OTHER PROVISION OF ANY DIVISION 
                   OF THIS ACT, THE APPROPRIATION OF $25,000,000 
                   FOR TRANSITION INITIATIVES IN TITLE IV OF 
                   DIVISION B IS REPEALED.

                                 ______
                                 
  SA 1879. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. CLARIFICATION OF PRESIDENTIAL AUTHORITY RELATING TO 
                   QUALIFIED DIVESTITURES WITH RESPECT TO FOREIGN 
                   ADVERSARY CONTROLLED APPLICATIONS.

       Notwithstanding any other provision of any division of this 
     Act, nothing in division H shall be construed, with respect 
     to a qualified divestiture, to permit the President--
       (1) to place any conditions, directly or indirectly, on an 
     intended buyer or recipient of the data or assets of a 
     foreign adversary controlled application, unless such 
     conditions are strictly necessary to ensure such intended 
     buyer or recipient is not controlled by a foreign adversary; 
     or
       (2) to certify a transaction for a foreign adversary 
     controlled application that does not strictly meet the 
     requirements for a qualified divestiture under subparagraphs 
     (A) and (B) of section 2(g)(6) of division H.
                                 ______
                                 
  SA 1880. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 150, line 25, strike ``foreign adversary country'' 
     and insert ``government of a foreign country (as defined in 
     section 1 of the Foreign Agent Registration Act of 1938 (22 
     U.S.C. 611))''.

                                 ______
                                 
  SA 1881. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. CONGRESSIONAL APPROVAL OF PRESIDENTIAL 
                   DETERMINATION THAT COMPANY'S FOREIGN OWNERSHIP 
                   PRESENTS SIGNIFICANT THREAT TO NATIONAL 
                   SECURITY.

       Notwithstanding any other provision of any division of this 
     Act, for purposes of division H, the President may not 
     determine that a covered company's foreign ownership presents 
     a significant threat to the national security of the United 
     States, for purposes of designating a website or application 
     as a foreign adversary controlled application, unless the 
     determination is enacted by a joint resolution of Congress.
                                 ______
                                 
  SA 1882. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. PROHIBITION ON TRANSFER OF SENSITIVE DATA OF UNITED 
                   STATES CITIZENS TO FOREIGN ADVERSARIES.

       (a) Prohibition.--Subject to subsection (b), it shall be 
     unlawful for an individual or business operating in the 
     United States to sell, license, rent, trade, transfer, 
     release, disclose, provide access to, or otherwise make 
     available the sensitive data of another United States citizen 
     to--
       (1) any foreign adversary; or
       (2) any entity that is beholden to a foreign adversary.
       (b) Exclusion.--The prohibition under subsection (a) shall 
     not apply to the extent that an individual or business--
       (1) is transmitting data, or is providing or maintaining a 
     specific platform or service to transfer data, at the express 
     direction and consent of an individual (or such individual's 
     next of kin in the event that such an individual is 
     incapacitated) between such individual and 1 or more 
     individuals;
       (2) is reporting, publishing, or otherwise making available 
     news or information that is available to the general public, 
     including information from a telephone book or online 
     directory, a television, internet, or radio program, the news 
     media, or an internet site that is available to the general 
     public on an unrestricted basis, but not including an obscene 
     visual depiction (as such term is used in section 1460 of 
     title 18, United States Code);
       (3) is participating in research or research and 
     development activities (as defined in section 9 of the Small 
     Business Act (15 U.S.C. 638)) in a foreign country, unless 
     such country is a foreign country of concern (as defined in 
     section 9901 of the William M. (Mac) Thornberry National 
     Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 
     4651); or
       (4) is an individual operating in a non-commercial context.
       (c) Enforcement .--
       (1) By the commission.--
       (A) Unfair or deceptive acts or practices.--A violation of 
     this section shall be treated as a violation of a rule 
     defining an unfair or a deceptive act or practice under 
     section 18(a)(1)(B) of the Federal Trade Commission Act (15 
     U.S.C. 57a(a)(1)(B)).
       (B) Powers of the commission.--
       (i) In general.--The Commission shall enforce this section 
     in the same manner, by the same means, and with the same 
     jurisdiction, powers, and duties as though all applicable 
     terms and provisions of the Federal Trade Commission Act (15 
     U.S.C. 41 et seq.) were incorporated into and made a part of 
     this section.
       (ii) Privileges and immunities.--Any person who violates 
     this section shall be subject to the penalties and entitled 
     to the privileges and immunities provided in the Federal 
     Trade Commission Act.
       (iii) Authority preserved.--Nothing in this section may be 
     construed to limit the authority of the Commission under any 
     other provision of law.
       (2) By states.--
       (A) In general.--In any case in which the attorney general 
     of a State has reason to believe that an interest of the 
     residents of the State has been or is threatened or adversely 
     affected by the engagement of any person in a practice that 
     violates this section, the attorney general of the State may, 
     as parens patriae, bring a civil action on behalf of the 
     residents of the State in an appropriate district court of 
     the United States--
       (i) to enjoin further violation of such section by such 
     person;
       (ii) to compel compliance with such section; and
       (iii) to obtain damages, restitution, or other compensation 
     on behalf of such residents.
       (B) Investigatory powers.--Nothing in this paragraph may be 
     construed to prevent the attorney general of a State from 
     exercising the powers conferred on the attorney general by 
     the laws of the State to conduct investigations, to 
     administer oaths or affirmations, or to compel the attendance 
     of witnesses or the production of documentary or other 
     evidence.
       (C) Venue; service of process.--
       (i) Venue.--Any action brought under subparagraph (A) may 
     be brought in--

       (I) the district court of the United States that meets 
     applicable requirements relating to venue under section 1391 
     of title 28, United States Code; or
       (II) another court of competent jurisdiction.

       (ii) Service of process.--In an action brought under 
     subparagraph (A), process may be served in any district in 
     which the defendant--

       (I) is an inhabitant; or
       (II) may be found.

[[Page S3034]]

       (d) Inapplicability of National Emergency Requirement.--The 
     requirements of section 202 of the International Emergency 
     Economic Powers Act (50 U.S.C. 1701) shall not apply for 
     purposes of this section.
       (e) Definitions.--In this section:
       (1) Beholden to a foreign adversary.--The term ``beholden 
     to a foreign adversary'' means, with respect to an individual 
     or business, that--
       (A) such individual or business acts as a representative, 
     employee, or servant of a foreign adversary or of a person 
     whose activities are directly or indirectly supervised, 
     directed, financed, or subsidized in whole or in major part 
     by a foreign adversary; or
       (B) such individual is a member of a foreign political 
     party.
       (2) Commission.--The term ``Commission'' means the Federal 
     Trade Commission.
       (3) Express direction and consent.--The term ``express 
     direction and consent''--
       (A) means, with the respect to the disclosure of sensitive 
     data, the informed, opt-in, voluntary, specific, and 
     unambiguous written consent (which may include written 
     consent provided by electronic means) to the disclosure of 
     such data by the individual to whom the data pertains; and
       (B) does not include--
       (i) consent secured without first providing to the 
     individual a clear and conspicuous disclosure, apart from any 
     privacy policy, terms of service, terms of use, general 
     release, user agreement, or other similar document, of all 
     information material to the provision of consent;
       (ii) consent secured by the individual hovering over, 
     muting, pausing, or closing a given piece of content; or
       (iii) an agreement obtained through the use of a user 
     interface designed or manipulated with the substantial effect 
     of subverting or impairing user autonomy, decision making, or 
     choice.
       (4) Foreign adversary.--The term ``foreign adversary'' 
     means a country specified in section 4872(d)(2) of title 10, 
     United States Code.
       (5) Foreign political party.--The term ``foreign political 
     party'' includes any organization or any other combination of 
     individuals in a foreign adversary, or any unit or branch 
     thereof, having for an aim or purpose, or which is engaged in 
     any activity devoted in whole or in part to, the 
     establishment, administration, control, or acquisition of 
     administration or control, of a government of a foreign 
     adversary or a subdivision thereof.
       (6) Precise geolocation information.--The term ``precise 
     geolocation information'' means information that--
       (A) is derived from a device or technology; and
       (B) reveals the past, present, or historical physical 
     location of an individual or device that identifies or is 
     linked or reasonably linkable to 1 or more individuals, with 
     sufficient precision to identify street level location 
     information of an individual or device or the location of an 
     individual or device within a range of 1,850 feet or less.
       (7) Sensitive data.--The term ``sensitive data'' includes 
     the following:
       (A) A government-issued identifier, such as a Social 
     Security number, passport number, or driver's license number.
       (B) Any information that describes or reveals the past, 
     present, or future physical health, mental health, 
     disability, diagnosis, or healthcare condition or treatment 
     of an individual.
       (C) A financial account number, debit card number, credit 
     card number, or information that describes or reveals the 
     income level or bank account balances of an individual.
       (D) Biometric information.
       (E) Genetic information.
       (F) Precise geolocation information.
       (G) An individual's private communications such as 
     voicemails, emails, texts, direct messages, mail, voice 
     communications, and video communications, or information 
     identifying the parties to such communications or pertaining 
     to the transmission of such communications, including 
     telephone numbers called, telephone numbers from which calls 
     were placed, the time calls were made, call duration, and 
     location information of the parties to the call.
       (H) Account or device log-in credentials, or security or 
     access codes for an account or device.
       (I) Information identifying the sexual behavior of an 
     individual.
       (J) Calendar information, address book information, phone 
     or text logs, photos, audio recordings, or videos, maintained 
     for private use by an individual, regardless of whether such 
     information is stored on the individual's device or is 
     accessible from that device and is backed up in a separate 
     location.
       (K) A photograph, film, video recording, or other similar 
     medium that shows the naked or undergarment-clad private area 
     of an individual.
       (L) Information revealing the video content requested or 
     selected by an individual.
       (M) Information about an individual under the age of 18.
       (N) An individual's race, color, ethnicity, or religion.
       (O) Information identifying an individual's online 
     activities over time and across websites or online services.
       (P) Information that reveals the status of an individual as 
     a member of the Armed Forces.
       (Q) Any other data that an individual or business operating 
     in the United States sells, licenses, rents, trades, 
     transfers, releases, discloses, provides access to, or 
     otherwise makes available to a foreign government, or 
     individual or business that is beholden to a foreign 
     adversary, for the purpose of identifying the types of data 
     listed in subparagraphs (A) through (P).
       (f) Rules of Construction.--
       (1) National security.--Nothing in this Act may be 
     construed to prevent legal country-to-country data transfer 
     between the United States and allies of the United States if 
     such transfer is in direct support of the national security 
     missions and objectives of the United States government.
       (2) Criminal investigation compliance.--Nothing in this Act 
     may be construed to prevent any individual or business 
     operating in the United States from fully complying with any 
     lawful criminal investigation.
       (3) Emergency transfer of personal data.--Nothing in this 
     Act may be construed to prevent an individual from providing 
     their own sensitive data, or that of a dependent, at the 
     express direction and consent of the individual in the event 
     of a medical emergency.
       (g) Non-preemption of State Law.--
       (1) In general.--Nothing in this Act, or a regulation 
     promulgated under this Act, shall be construed to preempt, 
     displace, or supplant any State law, expect to the extent 
     that a provision of State law conflicts with a provision of 
     this Act, or a regulation promulgated under this Act, and 
     then only to the extent of the conflict.
       (2) State law conflict meaning.--For the purposes of this 
     subsection, a provision of State law does not conflict with a 
     provision of this Act, or a regulation promulgated under this 
     Act, if such provision of State law provides greater privacy 
     protection than the privacy protection provided by such 
     provision of this Act or such regulation.
       (h) Effective Date.--This section shall take effect on the 
     date that is 60 days after the date of the enactment of this 
     Act.
                                 ______
                                 
  SA 1883. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

  DIVISION __--STOPPING HARMFUL INCIDENTS TO ENFORCE LAWFUL DRONE USE

     SEC. 1. SHORT TITLE.

       This division may be cited as the ``Stopping Harmful 
     Incidents to Enforce Lawful Drone Use Act'' or the ``SHIELD U 
     Act''.

     SEC. 2. DEFINITIONS.

       In this division:
       (1) Commercial service airport.--The term ``commercial 
     service airport'' has the meaning given that term in 
     paragraph (7) of section 47102 of title 49, United States 
     Code, and includes the area of navigable airspace necessary 
     to ensure safety in the takeoff and landing of aircraft at 
     the airport.
       (2) Covered air carrier.--The term ``covered air carrier'' 
     means an air carrier or a foreign air carrier as those terms 
     are defined in section 40102 of title 49, United States Code.
       (3) Counter-UAS activities.--The term ``Counter-UAS 
     activities'' means the following:
       (A) Detecting, identifying, monitoring, and tracking an 
     unmanned aircraft or unmanned aircraft system, without prior 
     consent, including by means of intercept or other access of a 
     wire communication, an oral communication, or an electronic 
     communication used to control the unmanned aircraft or 
     unmanned aircraft system.
       (B) Warning an operator of an unmanned aircraft or unmanned 
     aircraft system, including by passive or active, and direct 
     or indirect physical, electronic, radio, and electromagnetic 
     means.
       (C) Disrupting control of an unmanned aircraft or unmanned 
     aircraft system, without prior consent, including by 
     disabling the unmanned aircraft or unmanned aircraft system 
     by intercepting, interfering, or causing interference with 
     wire, oral, electronic, or radio communications used to 
     control the unmanned aircraft or unmanned aircraft system.
       (D) Seizing or exercising control of an unmanned aircraft 
     or unmanned aircraft system.
       (E) Seizing or otherwise confiscating an unmanned aircraft 
     or unmanned aircraft system.
       (F) Using reasonable force to disable, damage, or destroy 
     an unmanned aircraft or unmanned aircraft system.
       (4) Navigable airspace.--The term ``navigable airspace'' 
     has the meaning given that term in paragraph (32) of section 
     40102 of title 49, United States Code.
       (5) Non-kinetic equipment.--The term ``non-kinetic 
     equipment'' means equipment that is used to--
       (A) intercept or otherwise access a wire communication, an 
     oral communication, an electronic communication, or a radio 
     communication used to control an unmanned aircraft or 
     unmanned aircraft system; and
       (B) disrupt control of the unmanned aircraft or unmanned 
     aircraft system, without prior consent, including by 
     disabling the unmanned aircraft or unmanned aircraft system 
     by intercepting, interfering, or causing

[[Page S3035]]

     interference with wire, oral, electronic, or radio 
     communications that are used to control the unmanned aircraft 
     or unmanned aircraft system.
       (6) Threats posed by an unmanned aircraft or unmanned 
     aircraft system.--The term ``threats posed by an unmanned 
     aircraft or unmanned aircraft system'' means an unauthorized 
     activity of an unmanned aircraft or unmanned aircraft system 
     that is reasonably believed to--
       (A) create the potential for bodily harm to, or loss of 
     human life of, a person within property under the 
     jurisdiction of--
       (i) a commercial service airport; or
       (ii) a State or locality; or
       (B) have the potential to cause severe economic damage to--
       (i) property of a commercial service airport; or
       (ii) property under the jurisdiction of a State or 
     locality.
       (7) Unmanned aircraft, unmanned aircraft system.--The terms 
     ``unmanned aircraft'' and ``unmanned aircraft system'' have 
     the meanings given those terms in section 44801 of title 49, 
     United States Code.

     SEC. 3. COUNTER-UAS ACTIVITIES ON COMMERCIAL SERVICE AIRPORT 
                   PROPERTY.

       (a) Counter-UAS Activities.--
       (1) In general.--Notwithstanding any other provision of law 
     and subject to paragraph (3), with respect to a commercial 
     service airport, the following departments and agencies may, 
     in a manner consistent with the Fourth Amendment to the 
     Constitution of the United States, carry out Counter-UAS 
     activities for purposes of detecting, identifying, and 
     mitigating the threats posed by an unmanned aircraft or 
     unmanned aircraft system to the safety or security of the 
     airport:
       (A) The Department of Homeland Security.
       (B) The State and local law enforcement agencies in the 
     State in which the airport is located.
       (C) The law enforcement agency of the airport.
       (2) Testing authority.--Subject to paragraphs (3) and (4), 
     the Secretary of Homeland Security, the heads of the State or 
     local law enforcement agencies of the State in which a 
     commercial service airport is located, or the law enforcement 
     agency of the commercial service airport, may research, test, 
     provide training on, and evaluate any equipment, including 
     any electronic equipment, to determine the capability and 
     utility of the equipment to carry out Counter-UAS activities 
     to detect, identify, and mitigate the threats posed by an 
     unmanned aircraft or unmanned aircraft system to the safety 
     or security of the airport.
       (3) Airport operator consent required.--Activities 
     permitted under paragraph (1) or (2) shall only be carried 
     out with the consent of, in consultation with, and with the 
     participation of, the airport operator.
       (4) Consultation requirement for testing of non-kinetic 
     equipment.--Any testing of non-kinetic equipment carried out 
     under the authority of this subsection shall be done in 
     consultation with the Federal Communications Commission and 
     the National Telecommunications and Information 
     Administration.
       (b) Non-Kinetic Equipment.--
       (1) In general.--Before adopting any standard operating 
     procedures within a tactical response plan for use of non-
     kinetic equipment to carry out a Counter-UAS activity under 
     the authority of this section, the Secretary of Homeland 
     Security and the heads of the State, local, or airport law 
     enforcement agencies of the State in which a commercial 
     service airport is located, shall do the following:
       (A) Consult with the Federal Communications Commission and 
     the National Telecommunications and Information 
     Administration about the use of non-kinetic equipment to 
     carry out a Counter-UAS activity consistent with the tactical 
     response plan updates required under subsection (c).
       (B) Jointly, with the Federal Communications Commission and 
     the National Telecommunications and Information 
     Administration, create a process for an authorized designee 
     of the commercial service airport to, consistent with 
     procedures outlined in the tactical response plan (as updated 
     under subsection (c)), notify the Commission when non-kinetic 
     equipment has been used to carry out a Counter-UAS activity.
       (2) FCC and ntia duties.--The Federal Communications 
     Commission and the National Telecommunications and 
     Information Administration shall--
       (A) not later than 30 days after the date of enactment of 
     this division, assign to an office of the Commission and to 
     an office of the Administration, respectively, responsibility 
     for carrying out the consultation regarding the use of non-
     kinetic equipment to carry out Counter-UAS activities 
     required by paragraph (1)(A) and the consultation regarding 
     the testing of non-kinetic equipment required by subsection 
     (a)(4); and
       (B) not later than 180 days after the responsibility 
     described in subparagraph (A) is assigned to each such 
     office--
       (i) publicly designate an office of the Commission and an 
     office of the Administration, respectively, to receive the 
     notifications from commercial service airports required under 
     paragraph (1)(B); and
       (ii) make publicly available the process for the Commission 
     and the Administration to carry out any follow up 
     consultation, if necessary.
       (3) Nonduplication.--To the greatest extent practicable, 
     the Federal Communications Commission and the National 
     Telecommunications and Information Administration shall 
     coordinate with respect to the consultations, process 
     creation, follow up consultations, and other requirements of 
     this subsection and subsection (a)(4) so as to minimize 
     duplication of requirements, efforts, and expenditures.
       (c) Tactical Response Plan Updates.--
       (1) Task force.--Not later than 2 years after the date of 
     enactment of this division, the airport director of each 
     commercial service airport shall convene a task force for 
     purposes of establishing or modifying the emergency action 
     preparedness plan for the airport to include a tactical 
     response plan for the detection, identification, and 
     mitigation of threats posed by an unmanned aircraft or 
     unmanned aircraft system.
       (2) Required coordination.--Each task force convened under 
     paragraph (1) shall coordinate the establishing or modifying 
     of the airport's emergency action preparedness plan with 
     representatives of the following:
       (A) The Department of Transportation.
       (B) The Federal Aviation Administration.
       (C) The Department of Homeland Security.
       (D) The State and local law enforcement agencies in the 
     State in which the airport is located.
       (E) The law enforcement agency of the airport.
       (F) The covered air carriers operating at the airport.
       (G) Representatives of general aviation operators at the 
     airport.
       (H) Representatives of providers of telecommunications and 
     broadband service with a service area that covers the airport 
     property or the navigable airspace necessary to ensure safety 
     in the takeoff and landing of aircraft at such airport.
       (3) Duties.--As part of the inclusion of a tactical 
     response plan in the emergency action preparedness plan for a 
     commercial service airport, each task force convened under 
     paragraph (1) shall do the following:
       (A) Create and define the various threat levels posed by an 
     unmanned aircraft or unmanned aircraft system to the airport.
       (B) Create the standard operating procedures for responding 
     to each threat level defined under subparagraph (A) that 
     include a requirement to minimize collateral damage.
       (C) Define and assign to each entity specified in paragraph 
     (2), the role and responsibilities of the entity in carrying 
     out the standard operating procedures for responding to a 
     specified threat posed by an unmanned aircraft or unmanned 
     aircraft system to the airport.
       (D) Designate the applicable State and local law 
     enforcement agencies, or the law enforcement agency of the 
     airport, in coordination with the Department of Homeland 
     Security, as the first responders to any specified threat 
     posed by an unmanned aircraft or unmanned aircraft system to 
     the airport.
       (E) Narrowly tailor the use of non-kinetic Counter-UAS 
     equipment (if applicable under the standard operating 
     procedures) to only temporary activities necessary to 
     mitigate an immediate threat posed by an unmanned aircraft or 
     unmanned aircraft system to the airport.
       (F) Incorporate any existing Federal guidance for updating 
     airport emergency plans for responding to unauthorized 
     unmanned aircraft system operations into 1 tactical response 
     plan for addressing threats posed by an unmanned aircraft or 
     unmanned aircraft system.
       (4) Rule of construction.--Nothing in this subsection shall 
     be construed to require multiple tactical response plans or 
     emergency action preparedness plans for addressing the 
     threats posed by an unmanned aircraft, an unmanned aircraft 
     system, or unauthorized unmanned aircraft system operations.
       (d) Airport Improvement Program Eligibility.--
     Notwithstanding section 47102 of title 49, United States 
     Code, the definition of the term ``airport development'' 
     under that section shall include the purchase of equipment 
     necessary to carry out Counter-UAS activities at commercial 
     service airports.
       (e) Best Practices.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this division, the Administrator of the Federal 
     Aviation Administration and the Administrator of the 
     Transportation Security Administration acting jointly and in 
     collaboration with airport directors of commercial service 
     airports, shall--
       (A) publish guidance regarding best practices for use of 
     Counter-UAS Activities at commercial service airports; and
       (B) make such guidance available to the airport director 
     for each commercial service airport in the United States.
       (2) Annual updates.--The guidance issued under this 
     subsection shall be annually updated to incorporate the most 
     recent results and conclusions regarding best practices for 
     the use of Counter-UAS activities at commercial service 
     airports.

     SEC. 4. COUNTER-UAS ACTIVITIES OFF COMMERCIAL SERVICE AIRPORT 
                   PROPERTY.

       (a) In General.--Notwithstanding any other provision of 
     law, with respect to a State, the State and local law 
     enforcement agencies in the State may, in a manner consistent 
     with the Fourth Amendment to the Constitution of the United 
     States, carry out Counter-UAS activities for purposes of 
     detecting, identifying, and mitigating the threats posed by 
     an unmanned aircraft or unmanned aircraft system within the 
     jurisdiction of the State or locality.

[[Page S3036]]

       (b) Testing Authority.--
       (1) In general.--
       (A) States and localities.--Subject to paragraphs (2) and 
     (3), any State or locality of a State may establish testing 
     areas for purposes of researching, testing, providing 
     training on, and evaluating of any equipment, including any 
     electronic equipment, to determine the capability and utility 
     of the equipment to carry out Counter-UAS activities to 
     detect, identify, and mitigate the threats posed by an 
     unmanned aircraft or unmanned aircraft system within the 
     jurisdiction of the State or locality.
       (B) Private sector entities.--Subject to paragraphs (2) and 
     (3), any private sector entity may establish testing areas 
     for purposes of researching, testing, providing training on, 
     and evaluating of any equipment, including any electronic 
     equipment, to determine the capability and utility of the 
     equipment to carry out Counter-UAS activities to detect, 
     identify, and mitigate the threats posed by an unmanned 
     aircraft or unmanned aircraft system, so long as such 
     activities are carried out in accordance with applicable 
     State and local laws.
       (2) FAA cooperation.--The Federal Aviation Administration 
     shall cooperate with any action by a State, a locality of a 
     State, or a private sector entity to designate airspace to be 
     used for testing under paragraph (1) unless the State, 
     locality, or entity designates an area of airspace that would 
     create a significant safety hazard to airport operations, air 
     navigation facilities, air traffic control systems, or other 
     components of the national airspace system that facilitate 
     the safe and efficient operation of manned civil, commercial, 
     or military aircraft within the United States.
       (3) Consultation requirement for testing of non-kinetic 
     equipment.--Any testing of non-kinetic equipment carried out 
     under the authority of this subsection shall be done in 
     consultation with the Federal Communications Commission and 
     the National Telecommunications and Information 
     Administration.
       (c) Non-Kinetic Equipment.--
       (1) In general.--Before adopting any standard operating 
     procedures for using any non-kinetic equipment to carry out a 
     Counter-UAS activity under the authority of this section, a 
     State or local law enforcement agency shall do the following:
       (A) Consult with the Federal Communications Commission and 
     the National Telecommunications and Information 
     Administration about the use of non-kinetic equipment to 
     carry out a Counter-UAS activity and the standard operating 
     procedures that the State or local law enforcement agency 
     will follow for use of such equipment.
       (B) Jointly, with the Federal Communications Commission and 
     the National Telecommunications and Information 
     Administration create a process for an authorized designee of 
     the State or local law enforcement agency to notify the 
     Commission when non-kinetic equipment has been used to carry 
     out a Counter-UAS activity.
       (2) FCC and ntia duties.--The Federal Communications 
     Commission shall--
       (A) not later than 30 days after the date of enactment of 
     this division, assign to an office of the Commission and to 
     an office of the Administration, respectively, responsibility 
     for carrying out the consultation regarding the use of non-
     kinetic equipment to carry out Counter-UAS activities 
     required under paragraph (1)(A) and the consultation 
     regarding the testing of non-kinetic equipment required by 
     subsection (b)(3); and
       (B) not later than 180 days after the responsibility 
     described in subparagraph (A) is assigned to each such 
     office--
       (i) publicly designate an office of the Commission and an 
     office of the Administration, respectively, to receive the 
     notifications from State or local law enforcement agencies 
     required under paragraph (1)(B); and
       (ii) make publicly available the process for the Commission 
     and the Administration to carry out any follow up 
     consultation, if necessary.
       (3) Nonduplication.--To the greatest extent practicable, 
     the Federal Communications Commission and the National 
     Telecommunications and Information Administration shall 
     coordinate with respect to the consultations, process 
     creation, follow up consultations, and other requirements of 
     this subsection and subsection (a)(4) so as to minimize 
     duplication of requirements, efforts, and expenditures.
       (d) Coordination With the FAA.--Section 376 of the FAA 
     Reauthorization Act of 2018 (49 U.S.C. 44802 note) is 
     amended--
       (1) in subsection (b), by adding at the end the following:
       ``(4) Permit a process for an applicable State or local law 
     enforcement agency to notify and coordinate with the Federal 
     Aviation Administration on actions being taken by the State 
     or local law enforcement agency to exercise the Counter-UAS 
     activities authority established under section 4(a) of the 
     SHIELD U Act.''; and
       (2) in subsection (c)--
       (A) in paragraph (3)(G), by striking ``and'' after the 
     semicolon;
       (B) in paragraph (4), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(5) establish a process that allows for collaboration and 
     coordination between the Federal Aviation Administration and 
     the law enforcement of a State or local government with 
     respect to the use of the Counter-UAS activities authority 
     established under section 4(a) of the SHIELD U Act.''.
       (e) Interim Notification Plan.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this division, the Administrator of the Federal 
     Aviation Administration shall establish a process under 
     which--
       (A) the law enforcement agency of a State or local 
     government may notify the Administrator of an active threat 
     posed by an unmanned aircraft or unmanned aircraft system 
     within the jurisdiction of the State or local law enforcement 
     agency and the intent of the agency to facilitate Counter-UAS 
     activities;
       (B) the Administrator, based on notice made pursuant to 
     subparagraph (A), shall issue immediate warnings to operators 
     of both manned and unmanned aircraft operating within the 
     area of airspace where the law enforcement agency's Counter-
     UAS activities are taking place; and
       (C) the Administrator and the State and local law 
     enforcement agency notify UAS operators and manned operators 
     in the area that an area of airspace is clear once the State 
     and local law enforcement have concluded the Counter-UAS 
     activities to mitigate the threat.
       (2) Sunset.--The process established under paragraph (1) 
     shall terminate on the date on which the unmanned aircraft 
     systems traffic management system required under section 376 
     of the FAA Reauthorization Act of 2018 (49 U.S.C. 44802 note) 
     is fully implemented.

     SEC. 5. AUTHORITY TO ENTER INTO CONTRACTS TO PROTECT 
                   FACILITIES FROM UNMANNED AIRCRAFT.

       (a) Authority.--The following Federal departments are 
     authorized to enter into contracts to carry out the following 
     authorities:
       (1) The Department of Defense for the purpose of carrying 
     out activities under section 130i of title 10, United States 
     Code.
       (2) The Department of Homeland Security for the purpose of 
     carrying out activities under section 210G of the Homeland 
     Security Act of 2002 (6 U.S.C. 124n).
       (3) The Department of Justice for the purpose of carrying 
     out activities under section 210G of the Homeland Security 
     Act of 2002 (6 U.S.C. 124n).
       (4) The Department of Energy for the purpose of carrying 
     out activities under section 4510 of the Atomic Energy 
     Defense Act (50 U.S.C. 2661).
       (b) Federal Acquisition Regulation.--Not later than 180 
     days after the date of the enactment of this division, the 
     Federal Acquisition Regulatory Council shall amend the 
     Federal Acquisition Regulation to implement the authority 
     provided under subsection (a).
       (c) Annual Publication of Recommended Vendors and 
     Equipment.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this division, and annually thereafter, the 
     Director of the Office of Management and Budget, in 
     consultation with the Secretary of Defense, the Secretary of 
     Homeland Security, the Attorney General, the Secretary of 
     Energy, the Secretary of Transportation, and the heads of 
     such other Federal departments or agencies as determined 
     appropriate by the Director of the Office of Management and 
     Budget, shall publish and make available to State and local 
     governments the following:
       (A) A list of vendors that are eligible under the Federal 
     Acquisition Regulation to enter into contracts with the 
     Federal Government to carry out Counter-UAS activities.
       (B) A list of Counter-UAS equipment that is recommended by 
     the Federal Government to carry out Counter-UAS activities.
       (2) Annual risk assessment.--The Director of the Office of 
     Management and Budget, in consultation with the heads of the 
     applicable Federal departments and agencies, shall review and 
     reassess the vendors and equipment specified on the lists 
     required to be published and made available under paragraph 
     (1) based on a risk assessment that is jointly considered by 
     the applicable agencies as part of each annual update of such 
     lists.

     SEC. 6. FEDERAL LAW ENFORCEMENT TRAINING.

       Section 884(c) of the Homeland Security Act of 2002 (6 
     U.S.C. 464(c)) is amended--
       (1) in paragraph (9), by striking ``and'' at the end;
       (2) by redesignating paragraph (10) as paragraph (11); and
       (3) by inserting after paragraph (9) the following:
       ``(10) develop and implement homeland security and law 
     enforcement training curricula related to the use of Counter-
     UAS activities (as defined in section 2 of the SHIELD U Act) 
     to protect against a threat from an unmanned aircraft or 
     unmanned aircraft system (as such terms are defined in 
     section 210G), which shall--
       ``(A) include--
       ``(i) training on the use of both kinetic and non-kinetic 
     equipment;
       ``(ii) training on the tactics used to detect, identify, 
     and mitigate a threat from an unmanned aircraft or unmanned 
     aircraft system; and
       ``(iii) such other curricula or training the Director 
     believes necessary; and
       ``(B) be made available to Federal, State, local, Tribal, 
     and territorial law enforcement and security agencies and 
     private sector security agencies; and''.

     SEC. 7. AUTHORIZED USE OF JAMMING TECHNOLOGY.

       Title III of the Communications Act of 1934 (47 U.S.C. 301 
     et seq.) is amended--
       (1) in section 301 (47 U.S.C. 301)--
       (A) by striking ``It is'' and inserting the following:

[[Page S3037]]

       ``(a) In General.--It is''; and
       (B) by adding at the end the following:
       ``(b) Exception for an Unmanned Aircraft and Unmanned 
     Aircraft System.--
       ``(1) Definitions.--In this subsection--
       ``(A) the term `covered equipment' means equipment that is 
     used to--
       ``(i) intercept or otherwise access a wire communication, 
     an oral communication, an electronic communication, or a 
     radio communication used to control an unmanned aircraft or 
     unmanned aircraft system; and
       ``(ii) disrupt control of an unmanned aircraft or unmanned 
     aircraft system, without prior consent, including by 
     disabling the unmanned aircraft or unmanned aircraft system 
     by intercepting, interfering, or causing interference with 
     wire, oral, electronic, or radio communications that are used 
     to control the unmanned aircraft or unmanned aircraft system; 
     and
       ``(B) the terms `unmanned aircraft' and `unmanned aircraft 
     system' have the meanings given those terms in section 44801 
     of title 49, United States Code.
       ``(2) Exception.--Subsection (a) shall not apply with 
     respect to actions taken by State or local law enforcement or 
     the law enforcement agency of a commercial service airport 
     using covered equipment in consultation with the Commission 
     to detect, identify, or mitigate a threat posed by an 
     unmanned aircraft or unmanned aircraft system.'';
       (2) in section 302 (47 U.S.C. 302a), by adding at the end 
     the following:
       ``(g) Exception for an Unmanned Aircraft and Unmanned 
     Aircraft System.--
       ``(1) Definitions.--In this subsection, the terms `covered 
     equipment', `unmanned aircraft', and `unmanned aircraft 
     system' have the meanings given those terms in section 301.
       ``(2) Exception.--The provisions of this section shall not 
     apply with respect to actions taken by State or local law 
     enforcement or the law enforcement agency of a commercial 
     service airport using covered equipment in consultation with 
     the Commission to detect, identify, or mitigate a threat 
     posed by an unmanned aircraft or unmanned aircraft system.''; 
     and
       (3) in section 333 (47 U.S.C. 333)--
       (A) by striking ``No person'' and inserting the following:
       ``(a) In General.--No person''; and
       (B) by adding at the end the following:
       ``(b) Exception for an Unmanned Aircraft and Unmanned 
     Aircraft System.--
       ``(1) Definitions.--In this subsection, the terms `covered 
     equipment', `unmanned aircraft', and `unmanned aircraft 
     system' have the meanings given those terms in section 
     301(b).
       ``(2) Exception.--Subsection (a) shall not apply with 
     respect to actions taken by State or local law enforcement or 
     the law enforcement agency of a commercial service airport 
     using covered equipment in consultation with the Commission 
     to detect, identify, or mitigate a threat posed by an 
     unmanned aircraft or unmanned aircraft system.''.

     SEC. 8. NO ABROGATION OF TRADITIONAL POLICE POWERS.

       Nothing in this division or the amendments made by this 
     division shall be construed to abrogate the inherent 
     authority of a State government or subdivision thereof from 
     using their traditional police powers, including (but not 
     limited to) the authority to counter an imminent threat to 
     public health or safety.
                                 ______
                                 
  SA 1884. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. MODIFYING DEFINITION OF ``CONTROLLED BY A FOREIGN 
                   ADVERSARY''.

       Notwithstanding any other provision of any division of this 
     Act, for purposes of section 2 of division H, the term 
     ``controlled by a foreign adversary'' means, with respect to 
     a covered company or other entity, that such company or other 
     entity is--
       (1) a foreign person that is domiciled in, is headquartered 
     in, has its principal place of business in, or is organized 
     under the laws of a foreign adversary country;
       (2) an entity with respect to which a foreign person or 
     combination of foreign persons described in paragraph (1) 
     directly or indirectly own at least a 20 percent stake; or
       (3) subject to the control (as defined in section 800.208 
     of title 31, Code of Federal Regulations, as in effect on the 
     date of enactment of this Act) of a foreign person or entity 
     described in paragraph (1) or (2).
                                 ______
                                 
  SA 1885. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PROHIBITION ON ACTIONS TO CARRY OUT THE DEPARTMENT 
                   OF COMMERCE'S PAUSE IN THE ISSUANCE OF NEW 
                   EXPORT LICENSES FOR CERTAIN EXPORTS UNDER THE 
                   COMMERCE CONTROL LIST.

       Effective beginning on the date of the enactment of this 
     Act, the Secretary of Commerce--
       (1) may not take any action to carry out the Department of 
     Commerce's assessment or any policy changes resulting from 
     the assessment announced on October 27, 2023, relating to the 
     Department's pause in the issuance of new export licenses for 
     exports of all items controlled under Export Control 
     Classification Numbers 0A501, 0A502, 0A504, and 0A505 of the 
     Commerce Control List; and
       (2) may not take any substantially similar action to pause 
     or otherwise suspend or prohibit the issuance of new export 
     licenses for exports of any or all items described in 
     paragraph (1).
                                 ______
                                 
  SA 1886. Mr. VAN HOLLEN submitted an amendment intended to be 
proposed by him to the bill H.R. 815, to amend title 38, United States 
Code, to make certain improvements relating to the eligibility of 
veterans to receive reimbursement for emergency treatment furnished 
through the Veterans Community Care program, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  No funds or security assistance may be provided 
     by the United States to the Government of Israel for 
     offensive military operations (excluding any funds used for 
     air defense or other strictly defensive purposes) unless the 
     President submits written certification to Congress, not less 
     frequently than every 30 days while Israel Defense Forces are 
     engaged in such military operations in Gaza, that the 
     Government of Israel--
       (1) has fully cooperated in the delivery of humanitarian 
     assistance into Gaza;
       (2) has not launched an invasion of the City of Rafah; and
       (3) has allowed an independent investigation into the 
     deaths of all humanitarian aid workers killed in Gaza.
                                 ______
                                 
  SA 1887. Mr. VAN HOLLEN submitted an amendment intended to be 
proposed by him to the bill H.R. 815, to amend title 38, United States 
Code, to make certain improvements relating to the eligibility of 
veterans to receive reimbursement for emergency treatment furnished 
through the Veterans Community Care program, and for other purposes; 
which was ordered to lie on the table; as follows:

        Strike section 308 and insert the following:

     SEC. 308. CONTRIBUTIONS TO UNITED NATIONS RELIEF AND WORKS 
                   AGENCY FOR PALESTINE REFUGEES IN THE NEAR EAST.

       (a) In General.--Notwithstanding any other provision of 
     law, including section 301 of division G of the Further 
     Consolidated Appropriations Act, 2024 (Public Law 118-47), 
     except as provided in subsection (b), the United States 
     Government may make contributions and grants to the United 
     Nations Relief and Works Agency for Palestine Refugees in the 
     Near East.
       (b) Exception for Contributions and Grants in Gaza.--
       (1) In general.--The authority under subsection (a) shall 
     not apply to contributions and grants to the United Nations 
     Relief and Works Agency for Palestine Refugees in the Near 
     East in Gaza during the period beginning on the date of the 
     enactment of this Act and ending on March 25, 2025.
       (2) Certification.--
       (A) In general.--Subject to subparagraph (B), the 
     limitation under paragraph (1) shall not apply if the 
     President certifies to Congress that--
       (i) the United Nations Office of Internal Oversight 
     Services has completed an investigation into allegations of 
     wrongdoing by certain employees of the United Nations Relief 
     and Works Agency; and
       (ii) the United Nations has taken appropriate remedial 
     action, including implementation of all recommendations from 
     that investigation.
       (B) Notification.--Upon making a certification under 
     subparagraph (A), the President shall promptly notify 
     Congress in writing.
       (3) Report.--Not later than 30 days after the date of the 
     enactment of this Act, the Secretary of State shall certify 
     and report to Congress that oversight policies, processes, 
     and procedures have been established by the Department of 
     State and the United States Agency for International 
     Development, as appropriate, in coordination with other 
     bilateral and multilateral donors and the Government of 
     Israel, as appropriate, and are in use by such entities, to 
     prevent the significant diversion, misuse, or destruction of 
     humanitarian assistance, including by international 
     organizations, Hamas, and any other terrorist entity in Gaza.
                                 ______
                                 
  SA 1888. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain

[[Page S3038]]

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

       At the appropriate place, insert the following:

     SEC. __. TREATMENT OF AN AGREEMENT TO ESTABLISH AN 
                   INTERNATIONAL FUND TO COMPENSATE UKRAINE AS A 
                   TREATY.

       Notwithstanding any provision of division F of this Act, an 
     agreement or arrangement to establish a common international 
     mechanism pursuant to section 105(a) of that division shall 
     be considered a treaty and submitted to the Senate for its 
     advice and consent under clause 2 of section 2 of article II 
     of the Constitution of the United States.
                                 ______
                                 
  SA 1889. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. CONGRESSIONAL APPROVAL REQUIRED FOR TRANSFERS OF 
                   RUSSIAN SOVEREIGN ASSETS TO UKRAINE.

       (a) No Force or Effect of Resolution of Disapproval.--
     Subsection (h) of section 104 of division F of this Act shall 
     have no force or effect.
       (b) Joint Resolution of Approval Required.--Notwithstanding 
     any provision of division F of this Act, no funds may be 
     transferred pursuant to section 104(f) of that division 
     unless, within 15 days of receipt of the notification 
     required under paragraph (3) of that section, a joint 
     resolution is enacted into law authorizing the transfer.
                                 ______
                                 
  SA 1890. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PROHIBITION USE OF AUTHORITIES UNDER REPO FOR 
                   UKRAINIANS ACT UNTIL EXHAUSTION OF ALL RUSSIAN 
                   SOVEREIGN ASSETS UNDER EUROPEAN JURISDICTION.

       Notwithstanding any provision of division F of this Act, 
     the President may not take any action under section 104 of 
     that division until all Russian sovereign assets under the 
     jurisdiction of any European country have been exhausted.
                                 ______
                                 
  SA 1891. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

        In division A, strike section 704 and insert the 
     following:

     SEC. 704. REPORT WITH UKRAINE STRATEGY.

       (a) In General.--Only 2 percent of the amounts appropriated 
     or otherwise made available by this Act for assistance to 
     Ukraine may be obligated or expended until the President, in 
     coordination with the Secretary of Defense and the Secretary 
     of State, develops and submits to Congress a comprehensive 
     report that contains a strategy for United States involvement 
     in Ukraine.
       (b) Elements.--The report required by subsection (a) 
     shall--
       (1) define the United States national interests at stake 
     with respect to the conflict between the Russian Federation 
     and Ukraine;
       (2) identify specific objectives the President believes 
     must be achieved in Ukraine in order to protect the United 
     States national interests defined in paragraph (1), and for 
     each objective--
       (A) an estimate of the amount of time required to achieve 
     the objective, with an explanation;
       (B) benchmarks to be used by the President to determine 
     whether an objective has been met, is in the progress of 
     being met, or cannot be met in the time estimated to be 
     required in subparagraph (A); and
       (C) estimates of the amount of resources, including United 
     States personnel, materiel, and funding, required to achieve 
     the objective;
       (3) list the expected contribution for security assistance 
     made by European member countries of the North Atlantic 
     Treaty Organization within the next fiscal year; and
       (4) provide an assessment of the impact of the Russian 
     Federation's dominance of the natural gas market in Europe on 
     the ability to resolve the ongoing conflict with Ukraine.
       (c) Requirements for Strategy.--The strategy included in 
     the report required under subsection (a)--
       (1) shall be designed to achieve a cease-fire in which the 
     Russian Federation and Ukraine agree to abide by the terms 
     and conditions of such cease-fire; and
       (2) may not be contingent on United States involvement of 
     funding of Ukrainian reconstruction.
       (d) Form.--The report required by subsection (a)--
       (1) shall be submitted in an unclassified form; and
       (2) shall include a classified annex if necessary to 
     provide the most holistic picture of information to Congress 
     as required under this section.
       (e) Congress Defined.--In this section, the term 
     ``Congress'' means--
       (1) the Committee on Armed Services and the Committee on 
     Foreign Relations of the Senate;
       (2) the Committee on Armed Services and the Committee on 
     Foreign Affairs of the House of Representatives; and
       (3) any Member of Congress upon request.
                                 ______
                                 
  SA 1892. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. CONGRESSIONAL APPROVAL FOR PRESIDENTIAL DRAWDOWN 
                   AUTHORITY IN EXCESS OF FISCAL YEAR LIMITATION.

       Section 506(a) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2318(a)) is amended--
       (1) in paragraph (1), in the undesignated matter following 
     subparagraph (B), by inserting ``, except as provided in 
     paragraph (6)'' after ``fiscal year''; and
       (2) by adding at the end the following new paragraph:
       ``(6)(A) The President may use the authority provided by 
     paragraph (1) when the aggregate value of the use of such 
     authority would exceed $100,000,000 in a fiscal year if--
       ``(i) the President submits to Congress--
       ``(I) a request for authorization to use such authority 
     resulting in an aggregate value that exceeds $100,000,000; 
     and
       ``(II) a report that an unforeseen emergency exists, in 
     accordance with paragraph (1); and
       ``(ii) after the submission of such request and report, 
     there is enacted a joint resolution or other provision of law 
     approving the authorization requested.
       ``(B)(i) Each request submitted under subparagraph (A)(i) 
     may only request authorization for the use of the authority 
     provided by paragraph (1) for one intended recipient country.
       ``(ii) A resolution described in subparagraph (A)(ii) may 
     only approve a request for authorization for the use of the 
     authority provided by paragraph (1) for one intended 
     recipient country.
       ``(C)(i) Any resolution described in subparagraph (A)(ii) 
     may be considered by Congress using the expedited procedures 
     set forth in this subparagraph.
       ``(ii) For purposes of this subparagraph, the term 
     `resolution' means only a joint resolution of the two Houses 
     of Congress--
       ``(I) the title of which is as follows: `A joint resolution 
     approving the use of the special authority provided by 
     section 506(a)(1) of the Foreign Assistance Act of 1961 in 
     excess of the fiscal year limitation.';
       ``(II) which does not have a preamble; and
       ``(III) the sole matter after the resolving clause of which 
     is as follows: `The proposed use of the special authority 
     provided by section 506(a)(1) of the Foreign Assistance Act 
     of 1961 in excess of the fiscal year limitation, to respond 
     to the unforeseen emergency in ________________, which was 
     received by Congress on __________(Transmittal number), is 
     authorized', with the name of the intended recipient country 
     and transmittal number inserted.
       ``(iii) A resolution described in clause (ii) that is 
     introduced in the Senate shall be referred to the Committee 
     on Foreign Relations of the Senate. A resolution described in 
     clause (ii) that is introduced in the House of 
     Representatives shall be referred to the Committee on Foreign 
     Affairs of the House of Representatives.
       ``(iv) If the committee to which a resolution described in 
     clause (ii) is referred has not reported such resolution (or 
     an identical resolution) by the end of 10 calendar days 
     beginning on the date of introduction, such committee shall 
     be, at the end of such period, discharged from further 
     consideration of such resolution, and such resolution shall 
     be placed on the appropriate calendar of the House involved.
       ``(v)(I) On or after the third calendar day after the date 
     on which the committee to which such a resolution is referred 
     has reported, or has been discharged (under clause (iv)) from 
     further consideration of, such a resolution, it is in order 
     for any Member of

[[Page S3039]]

     the respective House to move to proceed to the consideration 
     of the resolution. All points of order against the resolution 
     (and against consideration of the resolution) are waived. The 
     motion is highly privileged in the House of Representatives 
     and is privileged in the Senate and is not debatable. The 
     motion is not subject to amendment, or to a motion to 
     postpone, or to a motion to proceed to the consideration of 
     other business. A motion to reconsider the vote by which the 
     motion is agreed to or disagreed to shall not be in order. If 
     a motion to proceed to the consideration of the resolution is 
     agreed to, the respective House shall immediately proceed to 
     consideration of the joint resolution without intervening 
     motion, order, or other business, and the resolution shall 
     remain the unfinished business of the respective House until 
     disposed of.
       ``(II) Debate on the resolution, and on all debatable 
     motions and appeals in connection therewith, shall be limited 
     to not more than 10 hours, which shall be divided equally 
     between those favoring and those opposing the resolution. An 
     amendment to the resolution is not in order. A motion further 
     to limit debate is in order and not debatable. A motion to 
     postpone, or a motion to proceed to the consideration of 
     other business, or a motion to recommit the resolution is not 
     in order. A motion to reconsider the vote by which the 
     resolution is agreed to or disagreed to is not in order.
       ``(III) Immediately following the conclusion of the debate 
     on the resolution and a single quorum call at the conclusion 
     of the debate if requested in accordance with the rules of 
     the appropriate House, the vote on final passage of the 
     resolution shall occur.
       ``(IV) Appeals from the decisions of the Chair relating to 
     the application of the rules of the Senate or the House of 
     Representatives, as the case may be, to the procedure 
     relating to a resolution shall be decided without debate.
       ``(vi)(I) If, before passage by one House of a resolution 
     of that House described in clause (ii), that House receives 
     from the other House a resolution described in clause (ii), 
     then the following procedures shall apply:
       ``(aa) The resolution of the other House shall not be 
     referred to a committee.
       ``(bb) The consideration as described in clause (v) in that 
     House shall be the same as if no resolution had been received 
     from the other House, but the vote on final passage shall be 
     on the resolution of the other House.
       ``(II) Upon disposition of the resolution received from the 
     other House, it shall no longer be in order to consider the 
     resolution that originated in the receiving House.
       ``(III) This subparagraph is enacted by Congress--
       ``(aa) as an exercise of the rulemaking power of the Senate 
     and the House of Representatives, respectively, and as such 
     it is deemed a part of the rules of each House, respectively, 
     but applicable only with respect to the procedure to be 
     followed in that House in the case of a resolution described 
     in clause (ii), and it supersedes other rules only to the 
     extent that it is inconsistent with such rules; and
       ``(bb) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating to the 
     procedure of that House) at any time, in the same manner, and 
     to the same extent as in the case of any other rule of that 
     House.''.
                                 ______
                                 
  SA 1893. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. PROHIBITION ON USE OF PRESIDENTIAL DRAWDOWN 
                   AUTHORITY WHEN REMAINING VALUE EXCEEDS AMOUNTS 
                   AVAILABLE FOR STOCKPILE REPLENISHMENT.

       Section 506(a)(1) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2318(a)(1)) is amended by adding at the end the 
     following new sentence: ``Whenever the remaining value of the 
     authority provided by this paragraph exceeds the amounts 
     available to the Secretary of Defense for the replenishment 
     of stockpiles, the President may not use such authority.''.
                                 ______
                                 
  SA 1894. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:
       Sec. __.  None of the amounts appropriated or otherwise 
     made available by this Act for assistance to Ukraine may be 
     obligated or expended until 90 days after the President has 
     initiated peace negotiations between the Governments of 
     Ukraine and the Russian Federation.
                                 ______
                                 
  SA 1895. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:
       Sec. __.  None of the amounts appropriated or otherwise 
     made available for Ukraine under this Act may be made 
     available for reconstruction activities, including multi-year 
     reconstruction projects.
                                 ______
                                 
  SA 1896. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:
       Sec. __.  None of the amounts appropriated or otherwise 
     made available by this Act for assistance to Ukraine may be 
     obligated or expended after September 30, 2024.
                                 ______
                                 
  SA 1897. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

                 TITLE __--EMERGENCY WAR FUNDING REFORM

     SEC. __1. SHORT TITLE.

       This title may be cited as the ``Restraining Emergency War 
     Spending Act''.

     SEC. __2. DEFINITION OF EMERGENCY WAR FUNDING.

       For purposes of determining eligible costs for emergency 
     war funding, the term ``emergency war funding'' means--
       (1) a contingency operation (as defined in section 101(a) 
     of title 10, United States Code) conducted by the Department 
     of Defense that--
       (A) is conducted in a foreign country;
       (B) has geographical limits;
       (C) is not longer than 60 days; and
       (D) provides only--
       (i) replacement of ground equipment lost or damaged in 
     conflict;
       (ii) equipment modifications;
       (iii) munitions;
       (iv) replacement of aircraft lost or damaged in conflict;
       (v) military construction for short-term temporary 
     facilities;
       (vi) direct war operations; and
       (vii) fuel;
       (2) the training, equipment, and sustainment activities for 
     foreign military forces by the United States;
       (3) the provision of defense articles over $100,000,000 to 
     a single recipient nation or allied group of nations; or
       (4) assistance provided for the reconstruction of a nation 
     or group of nations in or immediately post-active conflict.

     SEC. __3. POINT OF ORDER AGAINST FUNDING FOR CONTINGENCY 
                   OPERATIONS THAT DOES NOT MEET THE REQUIREMENTS 
                   FOR EMERGENCY WAR FUNDING.

       (a) In General.--Title IV of the Congressional Budget Act 
     of 1974 (2 U.S.C. 651 et seq.) is amended by adding at the 
     end the following:

   ``PART C--ADDITIONAL LIMITATIONS ON BUDGETARY AND APPROPRIATIONS 
                              LEGISLATION

     ``SEC. 441. POINT OF ORDER AGAINST FUNDING FOR CONTINGENCY 
                   OPERATIONS THAT DOES NOT MEET THE REQUIREMENTS 
                   FOR EMERGENCY WAR FUNDING.

       ``(a) Definitions.--In this section--
       ``(1) the term `contingency operation' has the meaning 
     given that term in section 101 of title 10, United States 
     Code; and
       ``(2) the term `emergency war funding' has the meaning 
     given that term in section __2 of the Restraining Emergency 
     War Spending Act.
       ``(b) Point of Order.--
       ``(1) In general.--In the Senate, it shall not be in order 
     to consider a provision in a bill, joint resolution, motion, 
     amendment, amendment between the Houses, or conference report 
     that provides new budget authority for a contingency 
     operation, unless the provision of new budget authority meets 
     the requirements to constitute emergency war funding.
       ``(2) Point of order sustained.--If a point of order is 
     made by a Senator against a provision described in paragraph 
     (1), and the point of order is sustained by the Chair, that

[[Page S3040]]

     provision shall be stricken from the measure and may not be 
     offered as an amendment from the floor.
       ``(c) Form of the Point of Order.--A point of order under 
     subsection (b)(1) may be raised by a Senator as provided in 
     section 313(e).
       ``(d) Conference Reports.--When the Senate is considering a 
     conference report on, or an amendment between the Houses in 
     relation to, a bill or joint resolution, upon a point of 
     order being made by any Senator pursuant to subsection 
     (b)(1), and such point of order being sustained, such 
     material contained in such conference report or House 
     amendment shall be stricken, and the Senate shall proceed to 
     consider the question of whether the Senate shall recede from 
     its amendment and concur with a further amendment, or concur 
     in the House amendment with a further amendment, as the case 
     may be, which further amendment shall consist of only that 
     portion of the conference report or House amendment, as the 
     case may be, not so stricken. Any such motion in the Senate 
     shall be debatable. In any case in which such point of order 
     is sustained against a conference report (or Senate amendment 
     derived from such conference report by operation of this 
     subsection), no further amendment shall be in order.
       ``(e) Supermajority Waiver and Appeal.--
       ``(1) Waiver.--Subsection (b)(1) may be waived or suspended 
     in the Senate only by an affirmative vote of three-fifths of 
     the Members, duly chosen and sworn.
       ``(2) Appeals.--Debate on appeals in the Senate from the 
     decisions of the Chair relating to any provision of this 
     section shall be equally divided between, and controlled by, 
     the appellant and the manager of the bill or joint 
     resolution, as the case may be. An affirmative vote of three-
     fifths of the Members of the Senate, duly chosen and sworn, 
     shall be required to sustain an appeal of the ruling of the 
     Chair on a point of order raised under subsection (b)(1).''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Congressional Budget Act of 
     1974 is amended by inserting after the item relating to 
     section 428 the following:

   ``PART C--Additional Limitations on Budgetary and Appropriations 
                              Legislation

``Sec. 441. Point of order against funding for contingency operations 
              that does not meet the requirements for emergency war 
              funding.''.
                                 ______
                                 
  SA 1898. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

        Amend section 614 to read as follows:
       Sec. 614.  None of the funds appropriated or otherwise made 
     available by this division and division B of this Act, and 
     prior Acts making appropriations for the Department of State, 
     foreign operations, and related programs, may be made 
     available for assessed or voluntary contributions, grants, or 
     other payments to the United Nations Relief and Works Agency 
     or to any other organ, specialized agency, commission, or 
     other formally affiliated body of the United Nations that 
     provides funding or otherwise operates in Gaza, 
     notwithstanding any other provision of law.
                                 ______
                                 
  SA 1899. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:
       Sec. __.  None of the amounts appropriated or otherwise 
     made available by this Act may be made available to 
     facilitate the use of military force against Iran, including 
     any deployments to forward operating bases in Iraq and Syria, 
     absent express authorization from Congress.
                                 ______
                                 
  SA 1900. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:
       Sec. __.  Effective January 1, 2026, the following laws are 
     hereby repealed:
       (1) The Authorization for Use of Military Force Against 
     Iraq Resolution of 2002 (Public Law 107-243; 116 Stat. 1498; 
     50 U.S.C. 1541 note).
       (2) The Authorization for Use of Military Force (Public Law 
     107-40; 50 U.S.C. 1541 note).
                                 ______
                                 
  SA 1901. Mrs. BLACKBURN submitted an amendment intended to be 
proposed by her to the bill H.R. 815, to amend title 38, United States 
Code, to make certain improvements relating to the eligibility of 
veterans to receive reimbursement for emergency treatment furnished 
through the Veterans Community Care program, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. SUSPENSION ON RELEASING FUNDS TO IRAN.

       Notwithstanding any other provision of this Act, no 
     Executive Branch official may unfreeze, issue a waiver, or 
     otherwise release any funds to the Islamic Republic of Iran 
     until all hostages (or the remains of any deceased hostages), 
     who were taken in connection with the October 7, 2023, 
     terrorist attack on Israel have been released.
                                 ______
                                 
  SA 1902. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

       Strike p. 59, line 6 and all that follows through p. 69 and 
     insert the following:
       (c) Limitation on Arrangement Terms.--
       (1) In general.--The arrangement required under subsection 
     (a) may not provide for the cancellation of any or all 
     amounts of indebtedness.
       (2) Use of payments.--All payments received by the 
     Government of the United States from the Government of 
     Ukraine resulting from any loan authorized by this Act shall 
     be exclusively and indefinitely reserved for--
       (A) the construction of a wall along the southern land 
     border of the United States; and
       (B) other measures to improve the security of the borders 
     of the United States.
                                 ______
                                 
  SA 1903. Mr. WYDEN submitted an amendment intended to be proposed by 
him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

 DIVISION __--NO FORCE OR EFFECT OF PROTECTING AMERICANS FROM FOREIGN 
                 ADVERSARY CONTROLLED APPLICATIONS ACT

     SEC. 1. NO FORCE OR EFFECT OF PROTECTING AMERICANS FROM 
                   FOREIGN ADVERSARY CONTROLLED APPLICATIONS ACT.

       Division H of this Act shall have no force or effect.

 DIVISION __--PROTECTING AMERICANS' DATA FROM FOREIGN SURVEILLANCE ACT 
                                OF 2023

     SEC. 1. SHORT TITLE.

       This division may be cited as the ``Protecting Americans' 
     Data From Foreign Surveillance Act of 2023''.

     SEC. 2. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) accelerating technological trends have made sensitive 
     personal data an especially valuable input to activities that 
     foreign adversaries of the United States undertake to 
     threaten both the national security of the United States and 
     the privacy that the people of the United States cherish;
       (2) it is therefore essential to the safety of the United 
     States and the people of the United States to ensure that the 
     United States Government makes every effort to prevent 
     sensitive personal data from falling into the hands of malign 
     foreign actors; and
       (3) because allies of the United States face similar 
     challenges, in implementing this division, the United States 
     Government should explore the establishment of a shared zone 
     of mutual trust with respect to sensitive personal data.

     SEC. 3. REQUIREMENT TO CONTROL THE EXPORT OF CERTAIN PERSONAL 
                   DATA OF UNITED STATES NATIONALS AND INDIVIDUALS 
                   IN THE UNITED STATES.

       (a) In General.--Part I of the Export Control Reform Act of 
     2018 (50 U.S.C. 4811 et seq.) is amended by inserting after 
     section 1758 the following:

     ``SEC. 1758A. REQUIREMENT TO CONTROL THE EXPORT OF CERTAIN 
                   PERSONAL DATA OF UNITED STATES NATIONALS AND 
                   INDIVIDUALS IN THE UNITED STATES.

       ``(a) Identification of Categories of Personal Data.--

[[Page S3041]]

       ``(1) In general.--The Secretary shall, in coordination 
     with the heads of the appropriate Federal agencies, identify 
     categories of personal data of covered individuals that 
     could--
       ``(A) be exploited by foreign governments or foreign 
     adversaries; and
       ``(B) if exported, reexported, or in-country transferred in 
     a quantity that exceeds the threshold established under 
     paragraph (3), harm the national security of the United 
     States.
       ``(2) List required.--In identifying categories of personal 
     data of covered individuals under paragraph (1), the 
     Secretary, in coordination with the heads of the appropriate 
     Federal agencies, shall--
       ``(A) identify an initial list of such categories not later 
     than one year after the date of the enactment of the 
     Protecting Americans' Data From Foreign Surveillance Act of 
     2023; and
       ``(B) as appropriate thereafter and not less frequently 
     than every 5 years, add categories to, remove categories 
     from, or modify categories on, that list.
       ``(3) Establishment of threshold.--
       ``(A) Establishment.--Not later than one year after the 
     date of the enactment of the Protecting Americans' Data From 
     Foreign Surveillance Act of 2023, the Secretary, in 
     coordination with the heads of the appropriate Federal 
     agencies, shall establish a threshold for determining when 
     the export, reexport, or in-country transfer (in the 
     aggregate) of the personal data of covered individuals by one 
     person to or in a restricted country could harm the national 
     security of the United States.
       ``(B) Number of covered individuals affected.--
       ``(i) In general.--Except as provided by clause (ii), the 
     Secretary shall establish the threshold under subparagraph 
     (A) so that the threshold is--

       ``(I) not lower than the export, reexport, or in-country 
     transfer (in the aggregate) by one person to or in a 
     restricted country during a calendar year of the personal 
     data of 10,000 covered individuals; and
       ``(II) not higher than the export, reexport, or in-country 
     transfer (in the aggregate) by one person to or in a 
     restricted country during a calendar year of the personal 
     data of 1,000,000 covered individuals.

       ``(ii) Exports by certain foreign persons.--In the case of 
     a person that possesses the data of more than 1,000,000 
     covered individuals, the threshold established under 
     subparagraph (A) shall be one export, reexport, or in-country 
     transfer of personal data to or in a restricted country by 
     that person during a calendar year if the export, reexport, 
     or in-country transfer is to--

       ``(I) the government of a restricted country;
       ``(II) a foreign person that owns or controls the person 
     conducting the export, reexport, or in-country transfer and 
     that person knows, or should know, that the export, reexport, 
     or in-country transfer of the personal data was requested by 
     the foreign person to comply with a request from the 
     government of a restricted country; or
       ``(III) an entity on the Entity List maintained by the 
     Bureau of Industry and Security of the Department of Commerce 
     and set forth in Supplement No. 4 to part 744 of the Export 
     Administration Regulations.

       ``(C) Category thresholds.--The Secretary, in coordination 
     with the heads of the appropriate Federal agencies, may 
     establish a threshold under subparagraph (A) for each 
     category (or combination of categories) of personal data 
     identified under paragraph (1).
       ``(D) Updates.--The Secretary, in coordination with the 
     heads of the appropriate Federal agencies--
       ``(i) may update a threshold established under subparagraph 
     (A) as appropriate; and
       ``(ii) shall reevaluate the threshold not less frequently 
     than every 5 years.
       ``(E) Treatment of persons under common ownership as one 
     person.--For purposes of determining whether a threshold 
     established under subparagraph (A) has been met--
       ``(i) all exports, reexports, or in-country transfers 
     involving personal data conducted by persons under the 
     ownership or control of the same person shall be aggregated 
     to that person; and
       ``(ii) that person shall be liable for any export, 
     reexport, or in-country transfer in violation of this 
     section.
       ``(F) Considerations.--In establishing a threshold under 
     subparagraph (A), the Secretary, in coordination with the 
     heads of the appropriate Federal agencies, shall seek to 
     balance the need to protect personal data from exploitation 
     by foreign governments and foreign adversaries against the 
     likelihood of--
       ``(i) impacting legitimate business activities, research 
     activities, and other activities that do not harm the 
     national security of the United States; or
       ``(ii) chilling speech protected by the First Amendment to 
     the Constitution of the United States.
       ``(4) Determination of period for protection.--The 
     Secretary, in coordination with the heads of the appropriate 
     Federal agencies, shall determine, for each category (or 
     combination of categories) of personal data identified under 
     paragraph (1), the period of time for which encryption 
     technology described in subsection (b)(4)(A)(iii) is required 
     to be able to protect that category (or combination of 
     categories) of data from decryption to prevent the 
     exploitation of the data by a foreign government or foreign 
     adversary from harming the national security of the United 
     States.
       ``(5) Use of information; considerations.--In carrying out 
     this subsection (including with respect to the list required 
     under paragraph (2)), the Secretary, in coordination with the 
     heads of the appropriate Federal agencies, shall--
       ``(A) use multiple sources of information, including--
       ``(i) publicly available information;
       ``(ii) classified information, including relevant 
     information provided by the Director of National 
     Intelligence;
       ``(iii) information relating to reviews and investigations 
     of transactions by the Committee on Foreign Investment in the 
     United States under section 721 of the Defense Production Act 
     of 1950 (50 U.S.C. 4565);
       ``(iv) the categories of sensitive personal data described 
     in paragraphs (1)(ii) and (2) of section 800.241(a) of title 
     31, Code of Federal Regulations, as in effect on the day 
     before the date of the enactment of the Protecting Americans' 
     Data From Foreign Surveillance Act of 2023, and any 
     categories of sensitive personal data added to such section 
     after such date of enactment;
       ``(v) information provided by the advisory committee 
     established pursuant to paragraph (7); and
       ``(vi) the recommendations (which the Secretary shall 
     request) of--

       ``(I) experts in privacy, civil rights, and civil 
     liberties, identified by the National Academy of Sciences; 
     and
       ``(II) experts on the First Amendment to the Constitution 
     of the United States identified by the American Bar 
     Association; and

       ``(B) take into account--
       ``(i) the significant quantity of personal data of covered 
     individuals that is publicly available by law or has already 
     been stolen or acquired by foreign governments or foreign 
     adversaries;
       ``(ii) the harm to United States national security caused 
     by the theft or acquisition of that personal data;
       ``(iii) the potential for further harm to United States 
     national security if that personal data were combined with 
     additional sources of personal data;
       ``(iv) the fact that non-sensitive personal data, when 
     analyzed in the aggregate, can reveal sensitive personal 
     data;
       ``(v) the commercial availability of inferred and derived 
     data; and
       ``(vi) the potential for especially significant harm from 
     data and inferences related to sensitive domains, such as 
     health, work, education, criminal justice, and finance.
       ``(6) Notice and comment period.--The Secretary shall 
     provide for a public notice and comment period after the 
     publication in the Federal Register of a proposed rule, and 
     before the publication of a final rule--
       ``(A) identifying the initial list of categories of 
     personal data under subparagraph (A) of paragraph (2);
       ``(B) adding categories to, removing categories from, or 
     modifying categories on, that list under subparagraph (B) of 
     that paragraph;
       ``(C) establishing or updating the threshold under 
     paragraph (3); or
       ``(D) setting forth the period of time for which encryption 
     technology described in subsection (b)(4)(A)(iii) is required 
     under paragraph (4) to be able to protect such a category of 
     data from decryption.
       ``(7) Advisory committee.--
       ``(A) In general.--The Secretary shall establish an 
     advisory committee to advise the Secretary with respect to 
     privacy and sensitive personal data.
       ``(B) Membership.--The committee established pursuant to 
     subparagraph (A) shall include the following members selected 
     by the Secretary:
       ``(i) Experts on privacy and cybersecurity.
       ``(ii) Representatives of United States private sector 
     companies, industry associations, and scholarly societies.
       ``(iii) Representatives of civil society groups, including 
     such groups focused on protecting civil rights and civil 
     liberties.
       ``(C) Applicability of federal advisory committee act.--
     Subsections (a)(1), (a)(3), and (b) of section 10 and 
     sections 11, 13, and 14 of the Federal Advisory Committee Act 
     (5 U.S.C. App.) shall not apply to the advisory committee 
     established pursuant to subparagraph (A).
       ``(8) Treatment of anonymized personal data.--
       ``(A) In general.--In carrying out this subsection, the 
     Secretary may not treat anonymized personal data differently 
     than identifiable personal data unless the Secretary is 
     confident, based on the method of anonymization used and the 
     period of time determined under paragraph (4) for protection 
     of the category of personal data involved, it will not be 
     possible for well-resourced adversaries, including foreign 
     governments, to re-identify the individuals to which the 
     anonymized personal data relates, such as by using other 
     sources of data, including non-public data obtained through 
     hacking and espionage, and reasonably anticipated advances in 
     technology.
       ``(B) Guidance.--The Under Secretary of Commerce for 
     Standards and Technology shall issue guidance to the public 
     with respect to methods for anonymizing data and how to 
     determine if individuals to which the anonymized personal 
     data relates can be, or are likely in the future to be, 
     reasonably identified, such as by using other sources of 
     data.
       ``(9) Sense of congress on identification of categories of 
     personal data.--It is the

[[Page S3042]]

     sense of Congress that, in identifying categories of personal 
     data of covered individuals under paragraph (1), the 
     Secretary should, to the extent reasonably possible and in 
     coordination with the Secretary of the Treasury and the 
     Director of the Office of Management and Budget, harmonize 
     those categories with the categories of sensitive personal 
     data described in paragraph (5)(A)(iv).
       ``(b) Commerce Controls.--
       ``(1) Controls required.--Beginning 18 months after the 
     date of the enactment of the Protecting Americans' Data From 
     Foreign Surveillance Act of 2023, the Secretary shall impose 
     appropriate controls under the Export Administration 
     Regulations on the export or reexport to, or in-country 
     transfer in, all countries (other than countries on the list 
     required by paragraph (2)(D)) of covered personal data in a 
     manner that exceeds the applicable threshold established 
     under subsection (a)(3), including through interim controls 
     (such as by informing a person that a license is required for 
     export, reexport, or in-country transfer of covered personal 
     data), as appropriate, or by publishing additional 
     regulations.
       ``(2) Levels of control.--
       ``(A) In general.--Except as provided in subparagraph (C) 
     or (D), the Secretary shall--
       ``(i) require a license or other authorization for the 
     export, reexport, or in-country transfer of covered personal 
     data in a manner that exceeds the applicable threshold 
     established under subsection (a)(3);
       ``(ii) determine whether that export, reexport, or in-
     country transfer is likely to harm the national security of 
     the United States--

       ``(I) after consideration of the matters described in 
     subparagraph (B); and
       ``(II) in coordination with the heads of the appropriate 
     Federal agencies; and

       ``(iii) if the Secretary determines under clause (ii) that 
     the export, reexport, or in-country transfer is likely to 
     harm the national security of the United States, deny the 
     application for the license or other authorization for the 
     export, reexport, or in-country transfer.
       ``(B) Considerations.--In determining under clause (ii) of 
     subparagraph (A) whether an export, reexport, or in-country 
     transfer of covered personal data described in clause (i) of 
     that subparagraph is likely to harm the national security of 
     the United States, the Secretary, in coordination with the 
     heads of the appropriate Federal agencies, shall take into 
     account--
       ``(i) the adequacy and enforcement of data protection, 
     surveillance, and export control laws in the foreign country 
     to which the covered personal data would be exported or 
     reexported, or in which the covered personal data would be 
     transferred, in order to determine whether such laws, and the 
     enforcement of such laws, are sufficient to--

       ``(I) protect the covered personal data from accidental 
     loss, theft, and unauthorized or unlawful processing;
       ``(II) ensure that the covered personal data is not 
     exploited for intelligence purposes by foreign governments to 
     the detriment of the national security of the United States; 
     and
       ``(III) prevent the reexport of the covered personal data 
     to a third country for which a license would be required for 
     such data to be exported directly from the United States;

       ``(ii) the circumstances under which the government of the 
     foreign country can compel, coerce, or pay a person in or 
     national of that country to disclose the covered personal 
     data; and
       ``(iii) whether that government has conducted hostile 
     foreign intelligence operations, including information 
     operations, against the United States.
       ``(C) License requirement and presumption of denial for 
     certain countries.--
       ``(i) In general.--The Secretary shall--

       ``(I) require a license or other authorization for the 
     export or reexport to, or in-country transfer in, a country 
     on the list required by clause (ii) of covered personal data 
     in a manner that exceeds the threshold established under 
     subsection (a)(3); and
       ``(II) deny an application for such a license or other 
     authorization unless the person seeking the license or 
     authorization demonstrates to the satisfaction of the 
     Secretary that the export, reexport, or in-country transfer 
     will not harm the national security of the United States.

       ``(ii) List required.--

       ``(I) In general.--Not later than one year after the date 
     of the enactment of the Protecting Americans' Data From 
     Foreign Surveillance Act of 2023, the Secretary shall 
     (subject to subclause (III)) establish a list of each country 
     with respect to which the Secretary determines that the 
     export or reexport to, or in-country transfer in, the country 
     of covered personal data in a manner that exceeds the 
     applicable threshold established under subsection (a)(3) will 
     be likely to harm the national security of the United States.
       ``(II) Modifications to list.--The Secretary (subject to 
     subclause (III))--

       ``(aa) may add a country to or remove a country from the 
     list required by subclause (I) at any time; and
       ``(bb) shall review that list not less frequently than 
     every 5 years.

       ``(III) Concurrence; consultations; considerations.--The 
     Secretary shall establish the list required by subclause (I) 
     and add a country to or remove a country from that list under 
     subclause (II)--

       ``(aa) with the concurrence of the Secretary of State;
       ``(bb) in consultation with the heads of the appropriate 
     Federal agencies; and
       ``(cc) based on the considerations described in 
     subparagraph (B).
       ``(D) No license requirement for certain countries.--
       ``(i) In general.--The Secretary may not require a license 
     or other authorization for the export or reexport to, or in-
     country transfer in, a country on the list required by clause 
     (ii) of covered personal data, without regard to the 
     applicable threshold established under subsection (a)(3).
       ``(ii) List required.--

       ``(I) In general.--Not later than one year after the date 
     of the enactment of the Protecting Americans' Data From 
     Foreign Surveillance Act of 2023, the Secretary shall 
     (subject to clause (iii) and subclause (III)), establish a 
     list of each country with respect to which the Secretary 
     determines that the export or reexport to, or in-country 
     transfer in, the country of covered personal data (without 
     regard to any threshold established under subsection (a)(3)) 
     will not harm the national security of the United States.
       ``(II) Modifications to list.--The Secretary (subject to 
     clause (iii) and subclause (III))--

       ``(aa) may add a country to or remove a country from the 
     list required by subclause (I) at any time; and
       ``(bb) shall review that list not less frequently than 
     every 5 years.

       ``(III) Concurrence; consultations; considerations.--The 
     Secretary shall establish the list required by subclause (I) 
     and add a country to or remove a country from that list under 
     subclause (II)--

       ``(aa) with the concurrence of the Secretary of State;
       ``(bb) in consultation with the heads of the appropriate 
     Federal agencies; and
       ``(cc) based on the considerations described in 
     subparagraph (B).
       ``(iii) Congressional review.--

       ``(I) In general.--The list required by clause (ii) and any 
     updates to that list adding or removing countries shall take 
     effect, for purposes of clause (i), on the date that is 180 
     days after the Secretary submits to the appropriate 
     congressional committees a proposal for the list or update 
     unless there is enacted into law, before that date, a joint 
     resolution of disapproval pursuant to subclause (II).
       ``(II) Joint resolution of disapproval.--

       ``(aa) Joint resolution of disapproval defined.--In this 
     clause, the term `joint resolution of disapproval' means a 
     joint resolution the matter after the resolving clause of 
     which is as follows: `That Congress does not approve of the 
     proposal of the Secretary with respect to the list required 
     by section 1758A(b)(2)(D)(ii) submitted to Congress on ___.', 
     with the blank space being filled with the appropriate date.
       ``(bb) Procedures.--The procedures set forth in paragraphs 
     (4)(C), (5), (6), and (7) of section 2523(d) of title 18, 
     United States Code, apply with respect to a joint resolution 
     of disapproval under this clause to the same extent and in 
     the same manner as such procedures apply to a joint 
     resolution of disapproval under such section 2523(d), except 
     that paragraph (6) of such section shall be applied and 
     administered by substituting `the Committee on Banking, 
     Housing, and Urban Affairs' for `the Committee on the 
     Judiciary' each place it appears.

       ``(III) Rules of house of representatives and senate.--This 
     clause is enacted by Congress--

       ``(aa) as an exercise of the rulemaking power of the Senate 
     and the House of Representatives, respectively, and as such 
     is deemed a part of the rules of each House, respectively, 
     and supersedes other rules only to the extent that it is 
     inconsistent with such rules; and
       ``(bb) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating to the 
     procedure of that House) at any time, in the same manner, and 
     to the same extent as in the case of any other rule of that 
     House.
       ``(3) Review of license applications.--
       ``(A) In general.--The Secretary shall, consistent with the 
     provisions of section 1756 and in coordination with the heads 
     of the appropriate Federal agencies--
       ``(i) review applications for a license or other 
     authorization for the export or reexport to, or in-country 
     transfer in, a restricted country of covered personal data in 
     a manner that exceeds the applicable threshold established 
     under subsection (a)(3); and
       ``(ii) establish procedures for conducting the review of 
     such applications.
       ``(B) Disclosures relating to collaborative arrangements.--
     In the case of an application for a license or other 
     authorization for an export, reexport, or in-country transfer 
     described in subparagraph (A)(i) submitted by or on behalf of 
     a joint venture, joint development agreement, or similar 
     collaborative arrangement, the Secretary may require the 
     applicant to identify, in addition to any foreign person 
     participating in the arrangement, any foreign person with 
     significant ownership interest in a foreign person 
     participating in the arrangement.
       ``(4) Exceptions.--
       ``(A) In general.--The Secretary shall not impose under 
     paragraph (1) a requirement for a license or other 
     authorization with respect to the export, reexport, or in-
     country transfer of covered personal data pursuant to any of 
     the following transactions:
       ``(i) The export, reexport, or in-country transfer by an 
     individual of covered personal

[[Page S3043]]

     data that specifically pertains to that individual.
       ``(ii) The export, reexport, or in-country transfer of the 
     personal data of one or more individuals by a person 
     performing a service for those individuals if the service 
     could not possibly be performed (as defined by the Secretary 
     in regulations) without the export, reexport, or in-country 
     transfer of that personal data.
       ``(iii) The export, reexport, or in-country transfer of 
     personal data that is encrypted if--

       ``(I) the encryption key or other information necessary to 
     decrypt the data is not, at the time of the export, reexport, 
     or in-country transfer of the personal data or any other 
     time, exported, reexported, or transferred to a restricted 
     country or (except as provided in subparagraph (B)) a 
     national of a restricted country; and
       ``(II) the encryption technology used to protect the data 
     against decryption is certified by the National Institute of 
     Standards and Technology as capable of protecting data for 
     the period of time determined under subsection (a)(4) to be 
     sufficient to prevent the exploitation of the data by a 
     foreign government or foreign adversary from harming the 
     national security of the United States.

       ``(iv) The export, reexport, or in-country transfer of 
     personal data that is ordered by an appropriate court of the 
     United States.
       ``(B) Exception for certain nationals of restricted 
     countries.--Subparagraph (A)(iii)(I) does not apply with 
     respect to an individual who is a national of a restricted 
     country if the individual is also a citizen of the United 
     States or a noncitizen described in subsection (l)(5)(C).
       ``(c) Requirements for Identification of Categories and 
     Determination of Appropriate Controls.--In identifying 
     categories of personal data under subsection (a)(1) and 
     imposing appropriate controls under subsection (b), the 
     Secretary, in coordination with the heads of the appropriate 
     Federal agencies, as appropriate--
       ``(1) may not regulate or restrict the publication or 
     sharing of--
       ``(A) personal data that is a matter of public record, such 
     as a court record or other government record that is 
     generally available to the public, including information 
     about an individual made public by that individual or by the 
     news media;
       ``(B) information about a matter of public interest; or
       ``(C) any other information the publication or sharing of 
     which is protected by the First Amendment to the Constitution 
     of the United States; and
       ``(2) shall consult with the appropriate congressional 
     committees.
       ``(d) Penalties.--
       ``(1) Liable persons.--
       ``(A) In general.--In addition to any person that commits 
     an unlawful act described in subsection (a) of section 1760, 
     an officer or employee of an organization has committed an 
     unlawful act subject to penalties under that section if the 
     officer or employee knew or should have known that another 
     employee of the organization who reports, directly or 
     indirectly, to the officer or employee was directed to 
     export, reexport, or in-country transfer covered personal 
     data in violation of this section and subsequently did 
     export, reexport, or in-country transfer such data.
       ``(B) Exceptions and clarifications.--
       ``(i) Intermediaries not liable.--An intermediate consignee 
     (as defined in section 772.1 of the Export Administration 
     Regulations (or any successor regulation)) or other 
     intermediary is not liable for the export, reexport, or in-
     country transfer of covered personal data in violation of 
     this section when acting as an intermediate consignee or 
     other intermediary for another person.
       ``(ii) Special rule for certain applications.--In a case in 
     which an application installed on an electronic device 
     transmits or causes the transmission of covered personal data 
     without being directed to do so by the owner or user of the 
     device who installed the application, the developer of the 
     application, and not the owner or user of the device, is 
     liable for any violation of this section.
       ``(2) Criminal penalties.--In determining an appropriate 
     term of imprisonment under section 1760(b)(2) with respect to 
     a person for a violation of this section, the court shall 
     consider--
       ``(A) how many covered individuals had their covered 
     personal data exported, reexported, or in-country transferred 
     in violation of this section;
       ``(B) any harm that resulted from the violation; and
       ``(C) the intent of the person in committing the violation.
       ``(e) Report to Congress.--
       ``(1) In general.--Not less frequently than annually, the 
     Secretary, in coordination with the heads of the appropriate 
     Federal agencies, shall submit to the appropriate 
     congressional committees a report on the results of actions 
     taken pursuant to this section.
       ``(2) Inclusions.--Each report required by paragraph (1) 
     shall include a description of the determinations made under 
     subsection (b)(2)(A)(ii) during the preceding year.
       ``(3) Form.--Each report required by paragraph (1) shall be 
     submitted in unclassified form but may include a classified 
     annex.
       ``(f) Disclosure of Certain License Information.--
       ``(1) In general.--Not less frequently than every 90 days, 
     the Secretary shall publish on a publicly accessible website 
     of the Department of Commerce, including in a machine-
     readable format, the information specified in paragraph (2), 
     with respect to each application--
       ``(A) for a license for the export or reexport to, or in-
     country transfer in, a restricted country of covered personal 
     data in a manner that exceeds the applicable threshold 
     established under subsection (a)(3); and
       ``(B) with respect to which the Secretary made a decision 
     in the preceding 90-day period.
       ``(2) Information specified.--The information specified in 
     this paragraph with respect to an application described in 
     paragraph (1) is the following:
       ``(A) The name of the applicant.
       ``(B) The date of the application.
       ``(C) The name of the foreign party to which the applicant 
     sought to export, reexport, or transfer the data.
       ``(D) The categories of covered personal data the applicant 
     sought to export, reexport, or transfer.
       ``(E) The number of covered individuals whose information 
     the applicant sought to export, reexport, or transfer.
       ``(F) Whether the application was approved or denied.
       ``(g) News Media Protections.--A person that is engaged in 
     journalism is not subject to restrictions imposed under this 
     section to the extent that those restrictions directly 
     infringe on the journalism practices of that person.
       ``(h) Citizenship Determinations by Persons Providing 
     Services to End-Users Not Required.--This section does not 
     require a person that provides products or services to an 
     individual to determine the citizenship or immigration status 
     of the individual, but once the person becomes aware that the 
     individual is a covered individual, the person shall treat 
     covered personal data of that individual as is required by 
     this section.
       ``(i) Fees.--
       ``(1) In general.--Notwithstanding section 1756(c), the 
     Secretary may, to the extent provided in advance in 
     appropriations Acts, assess and collect a fee, in an amount 
     determined by the Secretary in regulations, with respect to 
     each application for a license submitted under subsection 
     (b).
       ``(2) Deposit and availability of fees.--Notwithstanding 
     section 3302 of title 31, United States Code, fees collected 
     under paragraph (1) shall--
       ``(A) be credited as offsetting collections to the account 
     providing appropriations for activities carried out under 
     this section;
       ``(B) be available, to the extent and in the amounts 
     provided in advance in appropriations Acts, to the Secretary 
     solely for use in carrying out activities under this section; 
     and
       ``(C) remain available until expended.
       ``(j) Regulations.--The Secretary may prescribe such 
     regulations as are necessary to carry out this section.
       ``(k) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary and to the 
     head of each of the appropriate Federal agencies 
     participating in carrying out this section such sums as may 
     be necessary to carry out this section, including to hire 
     additional employees with expertise in privacy.
       ``(l) Definitions.--In this section:
       ``(1) Appropriate congressional committees.--The term 
     `appropriate congressional committees' means--
       ``(A) the Committee on Banking, Housing, and Urban Affairs, 
     the Committee on Foreign Relations, the Committee on Finance, 
     and the Select Committee on Intelligence of the Senate; and
       ``(B) the Committee on Foreign Affairs, the Committee on 
     Ways and Means, and the Permanent Select Committee on 
     Intelligence of the House of Representatives.
       ``(2) Appropriate federal agencies.--The term `appropriate 
     Federal agencies' means the following:
       ``(A) The Department of Defense.
       ``(B) The Department of State.
       ``(C) The Department of Justice.
       ``(D) The Department of the Treasury.
       ``(E) The Office of the Director of National Intelligence.
       ``(F) The Office of Science and Technology Policy.
       ``(G) The Department of Homeland Security.
       ``(H) The Consumer Financial Protection Bureau.
       ``(I) The Federal Trade Commission.
       ``(J) The Federal Communications Commission.
       ``(K) The Department of Health and Human Services.
       ``(L) Such other Federal agencies as the Secretary 
     considers appropriate.
       ``(3) Covered individual.--The term `covered individual', 
     with respect to personal data, means an individual who, at 
     the time the data is acquired--
       ``(A) is located in the United States; or
       ``(B) is--
       ``(i) located outside the United States or whose location 
     cannot be determined; and
       ``(ii) a citizen of the United States or a noncitizen 
     lawfully admitted for permanent residence.
       ``(4) Covered personal data.--The term `covered personal 
     data' means the categories of personal data of covered 
     individuals identified pursuant to subsection (a).
       ``(5) Export.--
       ``(A) In general.--The term `export', with respect to 
     covered personal data, includes--

[[Page S3044]]

       ``(i) subject to subparagraph (D), the shipment or 
     transmission of the data out of the United States, including 
     the sending or taking of the data out of the United States, 
     in any manner, if the shipment or transmission is 
     intentional, without regard to whether the shipment or 
     transmission was intended to go out of the United States; or
       ``(ii) the release or transfer of the data to any 
     noncitizen (other than a noncitizen described in subparagraph 
     (C)), if the release or transfer is intentional, without 
     regard to whether the release or transfer was intended to be 
     to a noncitizen.
       ``(B) Exceptions.--The term `export' does not include--
       ``(i) the publication of covered personal data on the 
     internet in a manner that makes the data discoverable by and 
     accessible to any member of the general public; or
       ``(ii) any activity protected by the speech or debate 
     clause of the Constitution of the United States.
       ``(C) Noncitizens described.--A noncitizen described in 
     this subparagraph is a noncitizen who is authorized to be 
     employed in the United States.
       ``(D) Transmissions through restricted countries.--
       ``(i) In general.--On and after the date that is 5 years 
     after the date of the enactment of the Protecting Americans' 
     Data From Foreign Surveillance Act of 2023, and except as 
     provided in clause (iii), the term `export' includes the 
     transmission of data through a restricted country, without 
     regard to whether the person originating the transmission had 
     knowledge of or control over the path of the transmission.
       ``(ii) Exceptions.--Clause (i) does not apply with respect 
     to a transmission of data through a restricted country if--

       ``(I) the data is encrypted as described in subsection 
     (b)(4)(A)(iii); or
       ``(II) the person that originated the transmission received 
     a representation from the party delivering the data for the 
     person stating that the data will not transit through a 
     restricted country.

       ``(iii) False representations.--If a party delivering 
     covered personal data as described in clause (ii)(II) 
     transmits the data directly or indirectly through a 
     restricted country despite making the representation 
     described in clause (ii)(II), that party shall be liable for 
     violating this section.
       ``(6) Foreign adversary.--The term `foreign adversary' has 
     the meaning given that term in section 8(c)(2) of the Secure 
     and Trusted Communications Networks Act of 2019 (47 U.S.C. 
     1607(c)(2)).
       ``(7) In-country transfer; reexport.--The terms `in-country 
     transfer' and `reexport', with respect to personal data, 
     shall have the meanings given those terms in regulations 
     prescribed by the Secretary.
       ``(8) Lawfully admitted for permanent residence; 
     national.--The terms `lawfully admitted for permanent 
     residence' and `national' have the meanings given those terms 
     in section 101(a) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)).
       ``(9) Noncitizen.--The term `noncitizen' means an 
     individual who is not a citizen or national of the United 
     States.
       ``(10) Restricted country.--The term `restricted country' 
     means a country for which a license or other authorization is 
     required under subsection (b) for the export or reexport to, 
     or in-country transfer in, that country of covered personal 
     data in a manner that exceeds the applicable threshold 
     established under subsection (a)(3).''.
       (b) Statement of Policy.--Section 1752 of the Export 
     Control Reform Act of 2018 (50 U.S.C. 4811) is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (A), by striking ``; and'' and 
     inserting a semicolon;
       (B) in subparagraph (B), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(C) to restrict, notwithstanding section 203(b) of the 
     International Emergency Economic Powers Act (50 U.S.C. 
     1702(b)), the export of personal data of United States 
     citizens and other covered individuals (as defined in section 
     1758A(l)) in a quantity and a manner that could harm the 
     national security of the United States.''; and
       (2) in paragraph (2), by adding at the end the following:
       ``(H) To prevent the exploitation of personal data of 
     United States citizens and other covered individuals (as 
     defined in section 1758A(l)) in a quantity and a manner that 
     could harm the national security of the United States.''.
       (c) Limitation on Authority To Make Exceptions to Licensing 
     Requirements.--Section 1754 of the Export Control Reform Act 
     of 2018 (50 U.S.C. 4813) is amended--
       (1) in subsection (a)(14), by inserting ``and subject to 
     subsection (g)'' after ``as warranted''; and
       (2) by adding at the end the following:
       ``(g) Limitation on Authority To Make Exceptions to 
     Licensing Requirements.--The Secretary may create under 
     subsection (a)(14) exceptions to licensing requirements under 
     section 1758A only for the export, reexport, or in-country 
     transfer of covered personal data (as defined in subsection 
     (l) of that section) by or for a Federal department or 
     agency.''.
       (d) Relationship to International Emergency Economic Powers 
     Act.--Section 1754(b) of the Export Control Reform Act of 
     2018 (50 U.S.C. 4813(b)) is amended by inserting ``(other 
     than section 1758A)'' after ``this part''.

     SEC. 4. SEVERABILITY.

       If any provision of or any amendment made by this division, 
     or the application of any such provision or amendment to any 
     person or circumstance, is held to be unconstitutional, the 
     remainder of the provisions of and amendments made by this 
     division, and the application of such provisions and 
     amendments to any other person or circumstance, shall not be 
     affected.
                                 ______
                                 
  SA 1904. Mr. CRUZ submitted an amendment intended to be proposed by 
him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place insert the following:

                    DIVISION __--SECURING THE BORDER

     SEC. 1001. SHORT TITLE.

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

                        TITLE I--BORDER SECURITY

     SEC. 1101. DEFINITIONS.

       In this division:
       (1) CBP.--The term ``CBP'' means U.S. Customs and Border 
     Protection.
       (2) Commissioner.--The term ``Commissioner'' means the 
     Commissioner of U.S. Customs and Border Protection.
       (3) Department.--The term ``Department'' means the 
     Department of Homeland Security.
       (4) Operational control.--The term ``operational control'' 
     has the meaning given such term in section 2(b) of the Secure 
     Fence Act of 2006 (Public Law 109-367; 8 U.S.C. 1701 note).
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (6) Situational awareness.--The term ``situational 
     awareness'' has the meaning given such term in section 
     1092(a)(7) of the National Defense Authorization Act for 
     Fiscal Year 2017 (Public Law 114-328; 6 U.S.C. 223(a)(7)).
       (7) Unmanned aircraft system.--The term ``unmanned aircraft 
     system'' has the meaning given such term in section 44801 of 
     title 49, United States Code.

     SEC. 1102. BORDER WALL CONSTRUCTION.

       (a) In General.--
       (1) Immediate resumption of border wall construction.--Not 
     later than seven days after the date of the enactment of this 
     Act, the Secretary shall resume all activities related to the 
     construction of the border wall along the border between the 
     United States and Mexico that were underway or being planned 
     for prior to January 20, 2021.
       (2) Use of funds.--To carry out this section, the Secretary 
     shall expend all unexpired funds appropriated or explicitly 
     obligated for the construction of the border wall that were 
     appropriated or obligated, as the case may be, for use 
     beginning on October 1, 2019.
       (3) Use of materials.--Any unused materials purchased 
     before the date of the enactment of this Act for construction 
     of the border wall may be used for activities related to the 
     construction of the border wall in accordance with paragraph 
     (1).
       (b) Plan To Complete Tactical Infrastructure and 
     Technology.--Not later than 90 days after the date of the 
     enactment of this Act and annually thereafter until 
     construction of the border wall has been completed, the 
     Secretary shall submit to the appropriate congressional 
     committees an implementation plan, including annual 
     benchmarks for the construction of 200 miles of such wall and 
     associated cost estimates for satisfying all requirements of 
     the construction of the border wall, including installation 
     and deployment of tactical infrastructure, technology, and 
     other elements as identified by the Department prior to 
     January 20, 2021, through the expenditure of funds 
     appropriated or explicitly obligated, as the case may be, for 
     use, as well as any future funds appropriated or otherwise 
     made available by Congress.
       (c) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on Homeland Security and the Committee on Appropriations of 
     the House of Representatives and the Committee on Homeland 
     Security and Governmental Affairs and the Committee on 
     Appropriations of the Senate.
       (2) Tactical infrastructure.--The term ``tactical 
     infrastructure'' includes boat ramps, access gates, 
     checkpoints, lighting, and roads associated with a border 
     wall.
       (3) Technology.--The term ``technology'' includes border 
     surveillance and detection technology, including linear 
     ground detection systems, associated with a border wall.

     SEC. 1103. STRENGTHENING THE REQUIREMENTS FOR BARRIERS ALONG 
                   THE SOUTHERN BORDER.

       Section 102 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (Division C of Public Law 104-208; 
     8 U.S.C. 1103 note) is amended--
       (1) by amending subsection (a) to read as follows:
       ``(a) In General.--The Secretary of Homeland Security shall 
     take such actions as may

[[Page S3045]]

     be necessary (including the removal of obstacles to detection 
     of illegal entrants) to design, test, construct, install, 
     deploy, integrate, and operate physical barriers, tactical 
     infrastructure, and technology in the vicinity of the 
     southwest border to achieve situational awareness and 
     operational control of the southwest border and deter, 
     impede, and detect unlawful activity.'';
       (2) in subsection (b)--
       (A) in the subsection heading, by striking ``Fencing and 
     Road Improvements'' and inserting ``Physical Barriers'';
       (B) in paragraph (1)--
       (i) in the heading, by striking ``fencing'' and inserting 
     ``barriers'';
       (ii) by amending subparagraph (A) to read as follows:
       ``(A) Reinforced barriers.--In carrying out this section, 
     the Secretary of Homeland Security shall construct a border 
     wall, including physical barriers, tactical infrastructure, 
     and technology, along not fewer than 900 miles of the 
     southwest border until situational awareness and operational 
     control of the southwest border is achieved.'';
       (iii) by amending subparagraph (B) to read as follows:
       ``(B) Physical barriers and tactical infrastructure.--In 
     carrying out this section, the Secretary of Homeland Security 
     shall deploy along the southwest border the most practical 
     and effective physical barriers, tactical infrastructure, and 
     technology available for achieving situational awareness and 
     operational control of the southwest border.'';
       (iv) in subparagraph (C)--

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

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

       (II) in clause (ii)--

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

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

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

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

       (v) by striking subparagraph (D);
       (C) in paragraph (2)--
       (i) by striking ``Attorney General'' and inserting 
     ``Secretary of Homeland Security'';
       (ii) by striking ``this subsection'' and inserting ``this 
     section''; and
       (iii) by striking ``construction of fences'' and inserting 
     ``the construction of physical barriers, tactical 
     infrastructure, and technology'';
       (D) by amending paragraph (3) to read as follows:
       ``(3) Agent safety.--In carrying out this section, the 
     Secretary of Homeland Security, when designing, testing, 
     constructing, installing, deploying, integrating, and 
     operating physical barriers, tactical infrastructure, or 
     technology, shall incorporate such safety features into such 
     design, test, construction, installation, deployment, 
     integration, or operation of such physical barriers, tactical 
     infrastructure, or technology, as the case may be, that the 
     Secretary determines are necessary to maximize the safety and 
     effectiveness of officers and agents of the Department of 
     Homeland Security or of any other Federal agency deployed in 
     the vicinity of such physical barriers, tactical 
     infrastructure, or technology.''; and
       (E) in paragraph (4), by striking ``this subsection'' and 
     inserting ``this section'';
       (3) in subsection (c)--
       (A) by amending paragraph (1) to read as follows:
       ``(1) In general.--Notwithstanding any other provision of 
     law, the Secretary of Homeland Security shall waive all legal 
     requirements necessary to ensure the expeditious design, 
     testing, construction, installation, deployment, integration, 
     operation, and maintenance of the physical barriers, tactical 
     infrastructure, and technology under this section. The 
     Secretary shall ensure the maintenance and effectiveness of 
     such physical barriers, tactical infrastructure, or 
     technology. Any such action by the Secretary shall be 
     effective upon publication in the Federal Register.'';
       (B) by redesignating paragraph (2) as paragraph (3); and
       (C) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2) Notification.--Not later than seven days after the 
     date on which the Secretary of Homeland Security exercises a 
     waiver pursuant to paragraph (1), the Secretary shall notify 
     the Committee on Homeland Security of the House of 
     Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate of such waiver.''; and
       (4) by adding at the end the following new subsections:
       ``(e) Technology.--In carrying out this section, the 
     Secretary of Homeland Security shall deploy along the 
     southwest border the most practical and effective technology 
     available for achieving situational awareness and operational 
     control.
       ``(f) Definitions.--In this section:
       ``(1) Advanced unattended surveillance sensors.--The term 
     `advanced unattended surveillance sensors' means sensors that 
     utilize an onboard computer to analyze detections in an 
     effort to discern between vehicles, humans, and animals, and 
     ultimately filter false positives prior to transmission.
       ``(2) Operational control.--The term `operational control' 
     has the meaning given such term in section 2(b) of the Secure 
     Fence Act of 2006 (Public Law 109-367; 8 U.S.C. 1701 note).
       ``(3) Physical barriers.--The term `physical barriers' 
     includes reinforced fencing, the border wall, and levee 
     walls.
       ``(4) Situational awareness.--The term `situational 
     awareness' has the meaning given such term in section 
     1092(a)(7) of the National Defense Authorization Act for 
     Fiscal Year 2017 (Public Law 114-328; 6 U.S.C. 223(a)(7)).
       ``(5) Tactical infrastructure.--The term `tactical 
     infrastructure' includes boat ramps, access gates, 
     checkpoints, lighting, and roads.
       ``(6) Technology.--The term `technology' includes border 
     surveillance and detection technology, including the 
     following:
       ``(A) Tower-based surveillance technology.
       ``(B) Deployable, lighter-than-air ground surveillance 
     equipment.
       ``(C) Vehicle and Dismount Exploitation Radars (VADER).
       ``(D) 3-dimensional, seismic acoustic detection and ranging 
     border tunneling detection technology.
       ``(E) Advanced unattended surveillance sensors.
       ``(F) Mobile vehicle-mounted and man-portable surveillance 
     capabilities.
       ``(G) Unmanned aircraft systems.
       ``(H) Tunnel detection systems and other seismic 
     technology.
       ``(I) Fiber-optic cable.
       ``(J) Other border detection, communication, and 
     surveillance technology.
       ``(7) Unmanned aircraft system.--The term `unmanned 
     aircraft system' has the meaning given such term in section 
     44801 of title 49, United States Code.''.

     SEC. 1104. BORDER AND PORT SECURITY TECHNOLOGY INVESTMENT 
                   PLAN.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Commissioner, in consultation 
     with covered officials and border and port security 
     technology stakeholders, shall submit to the appropriate 
     congressional committees a strategic 5-year technology 
     investment plan (in this section referred to as the 
     ``plan''). The plan may include a classified annex, if 
     appropriate.
       (b) Contents of Plan.--The plan shall include the 
     following:
       (1) An analysis of security risks at and between ports of 
     entry along the northern and southern borders of the United 
     States.
       (2) An identification of capability gaps with respect to 
     security at and between such ports of entry to be mitigated 
     in order to--
       (A) prevent terrorists and instruments of terror from 
     entering the United States;
       (B) combat and reduce cross-border criminal activity, 
     including--
       (i) the transport of illegal goods, such as illicit drugs; 
     and
       (ii) human smuggling and human trafficking; and
       (C) facilitate the flow of legal trade across the southwest 
     border.
       (3) An analysis of current and forecast trends relating to 
     the number of aliens who--
       (A) unlawfully entered the United States by crossing the 
     northern or southern border of the United States; or
       (B) are unlawfully present in the United States.
       (4) A description of security-related technology 
     acquisitions, to be listed in order of priority, to address 
     the security risks and capability gaps analyzed and 
     identified pursuant to paragraphs (1) and (2), respectively.
       (5) A description of each planned security-related 
     technology program, including objectives, goals, and 
     timelines for each such program.
       (6) An identification of each deployed security-related 
     technology that is at or near the end of the life cycle of 
     such technology.
       (7) A description of the test, evaluation, modeling, and 
     simulation capabilities, including target methodologies, 
     rationales, and timelines, necessary to support the 
     acquisition of security-related technologies pursuant to 
     paragraph (4).
       (8) An identification and assessment of ways to increase 
     opportunities for communication and collaboration with the 
     private sector, small and disadvantaged businesses, 
     intragovernment entities, university centers of excellence, 
     and Federal laboratories to ensure CBP is able to engage with 
     the market for security-related technologies that are 
     available to satisfy its mission needs before engaging in an 
     acquisition of a security-related technology.
       (9) An assessment of the management of planned security-
     related technology programs by the acquisition workforce of 
     CBP.

[[Page S3046]]

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

     SEC. 1105. BORDER SECURITY TECHNOLOGY PROGRAM MANAGEMENT.

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

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

       ``(a) Major Acquisition Program Defined.--In this section, 
     the term `major acquisition program' means an acquisition 
     program of the Department that is estimated by the Secretary 
     to require an eventual total expenditure of at least 
     $100,000,000 (based on fiscal year 2023 constant dollars) 
     over its life-cycle cost.
       ``(b) Planning Documentation.--For each border security 
     technology acquisition program of the Department that is 
     determined to be a major acquisition program, the Secretary 
     shall--
       ``(1) ensure that each such program has a written 
     acquisition program baseline approved by the relevant 
     acquisition decision authority;
       ``(2) document that each such program is satisfying cost, 
     schedule, and performance thresholds as specified in such 
     baseline, in compliance with relevant departmental 
     acquisition policies and the Federal Acquisition Regulation; 
     and
       ``(3) have a plan for satisfying program implementation 
     objectives by managing contractor performance.
       ``(c) Adherence to Standards.--The Secretary, acting 
     through the Under Secretary for Management and the 
     Commissioner of U.S. Customs and Border Protection, shall 
     ensure border security technology acquisition program 
     managers who are responsible for carrying out this section 
     adhere to relevant internal control standards identified by 
     the Comptroller General of the United States. The 
     Commissioner shall provide information, as needed, to assist 
     the Under Secretary in monitoring management of border 
     security technology acquisition programs under this section.
       ``(d) Plan.--The Secretary, acting through the Under 
     Secretary for Management, in coordination with the Under 
     Secretary for Science and Technology and the Commissioner of 
     U.S. Customs and Border Protection, shall submit to the 
     Committee on Homeland Security of the House of 
     Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate a plan for testing, 
     evaluating, and using independent verification and validation 
     of resources relating to the proposed acquisition of border 
     security technology. Under such plan, the proposed 
     acquisition of new border security technologies shall be 
     evaluated through a series of assessments, processes, and 
     audits to ensure--
       ``(1) compliance with relevant departmental acquisition 
     policies and the Federal Acquisition Regulation; and
       ``(2) the effective use of taxpayer dollars.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 is amended by 
     inserting after the item relating to section 436 the 
     following new item:

``Sec. 437. Border security technology program management.''.
       (c) Prohibition on Additional Authorization of 
     Appropriations.--No additional funds are authorized to be 
     appropriated to carry out section 437 of the Homeland 
     Security Act of 2002, as added by subsection (a).

     SEC. 1106. U.S. CUSTOMS AND BORDER PROTECTION TECHNOLOGY 
                   UPGRADES.

       (a) Secure Communications.--The Commissioner shall ensure 
     that each CBP officer or agent, as appropriate, is equipped 
     with a secure radio or other two-way communication device 
     that allows each such officer or agent to communicate--
       (1) between ports of entry and inspection stations; and
       (2) with other Federal, State, Tribal, and local law 
     enforcement entities.
       (b) Border Security Deployment Program.--
       (1) Expansion.--Not later than September 30, 2025, the 
     Commissioner shall--
       (A) fully implement the Border Security Deployment Program 
     of CBP; and
       (B) expand the integrated surveillance and intrusion 
     detection system at land ports of entry along the northern 
     and southern borders of the United States.
       (2) Authorization of appropriations.--In addition to 
     amounts otherwise authorized to be appropriated for such 
     purpose, there is authorized to be appropriated $33,000,000 
     for fiscal years 2024 and 2025 to carry out paragraph (1).
       (c) Upgrade of License Plate Readers at Ports of Entry.--
       (1) Upgrade.--Not later than two years after the date of 
     the enactment of this Act, the Commissioner shall upgrade all 
     existing license plate readers in need of upgrade, as 
     determined by the Commissioner, on the northern and southern 
     borders of the United States.
       (2) Authorization of appropriations.--In addition to 
     amounts otherwise authorized to be appropriated for such 
     purpose, there is authorized to be appropriated $125,000,000 
     for fiscal years 2023 and 2024 to carry out paragraph (1).

     SEC. 1107. U.S. CUSTOMS AND BORDER PROTECTION PERSONNEL.

       (a) Retention Bonus.--To carry out this section, there is 
     authorized to be appropriated up to $100,000,000 to the 
     Commissioner to provide a retention bonus to any front-line 
     U.S. Border Patrol law enforcement agent--
       (1) whose position is equal to or below level GS-12 of the 
     General Schedule;
       (2) who has five years or more of service with the U.S. 
     Border Patrol; and
       (3) who commits to two years of additional service with the 
     U.S. Border Patrol upon acceptance of such bonus.

[[Page S3047]]

       (b) Border Patrol Agents.--Not later than September 30, 
     2025, the Commissioner shall hire, train, and assign a 
     sufficient number of Border Patrol agents to maintain an 
     active duty presence of not fewer than 22,000 full-time 
     equivalent Border Patrol agents, who may not perform the 
     duties of processing coordinators.
       (c) Prohibition Against Alien Travel.--No personnel or 
     equipment of Air and Marine Operations may be used for the 
     transportation of non-detained aliens, or detained aliens 
     expected to be administratively released upon arrival, from 
     the southwest border to destinations within the United 
     States.
       (d) GAO Report.--If the staffing level required under this 
     section is not achieved by the date associated with such 
     level, the Comptroller General of the United States shall--
       (1) conduct a review of the reasons why such level was not 
     so achieved; and
       (2) not later than September 30, 2027, publish on a 
     publicly available website of the Government Accountability 
     Office a report relating thereto.

     SEC. 1108. ANTI-BORDER CORRUPTION ACT REAUTHORIZATION.

       (a) Hiring Flexibility.--Section 3 of the Anti-Border 
     Corruption Act of 2010 (6 U.S.C. 221; Public Law 111-376) is 
     amended by striking subsection (b) and inserting the 
     following new subsections:
       ``(b) Waiver Requirement.--Subject to subsection (c), the 
     Commissioner of U.S. Customs and Border Protection shall 
     waive the application of subsection (a)(1)--
       ``(1) to a current, full-time law enforcement officer 
     employed by a State or local law enforcement agency who--
       ``(A) has continuously served as a law enforcement officer 
     for not fewer than three years;
       ``(B) is authorized by law to engage in or supervise the 
     prevention, detection, investigation, or prosecution of, or 
     the incarceration of any person for, any violation of law, 
     and has statutory powers for arrest or apprehension; and
       ``(C) is not currently under investigation, has not been 
     found to have engaged in criminal activity or serious 
     misconduct, has not resigned from a law enforcement officer 
     position under investigation or in lieu of termination, and 
     has not been dismissed from a law enforcement officer 
     position;
       ``(2) to a current, full-time Federal law enforcement 
     officer who--
       ``(A) has continuously served as a law enforcement officer 
     for not fewer than three years;
       ``(B) is authorized to make arrests, conduct 
     investigations, conduct searches, make seizures, carry 
     firearms, and serve orders, warrants, and other processes;
       ``(C) is not currently under investigation, has not been 
     found to have engaged in criminal activity or serious 
     misconduct, has not resigned from a law enforcement officer 
     position under investigation or in lieu of termination, and 
     has not been dismissed from a law enforcement officer 
     position; and
       ``(D) holds a current Tier 4 background investigation or 
     current Tier 5 background investigation; or
       ``(3) to a member of the Armed Forces (or a reserve 
     component thereof) or a veteran, if such individual--
       ``(A) has served in the Armed Forces for not fewer than 
     three years;
       ``(B) holds, or has held within the past five years, a 
     Secret, Top Secret, or Top Secret/Sensitive Compartmented 
     Information clearance;
       ``(C) holds, or has undergone within the past five years, a 
     current Tier 4 background investigation or current Tier 5 
     background investigation;
       ``(D) received, or is eligible to receive, an honorable 
     discharge from service in the Armed Forces and has not 
     engaged in criminal activity or committed a serious military 
     or civil offense under the Uniform Code of Military Justice; 
     and
       ``(E) was not granted any waivers to obtain the clearance 
     referred to in subparagraph (B).
       ``(c) Termination of Waiver Requirement; Snap-Back.--The 
     requirement to issue a waiver under subsection (b) shall 
     terminate if the Commissioner of U.S. Customs and Border 
     Protection (CBP) certifies to the Committee on Homeland 
     Security of the House of Representatives and the Committee on 
     Homeland Security and Governmental Affairs of the Senate that 
     CBP has met all requirements pursuant to section 1107 of the 
     Secure the Border Act of 2024 relating to personnel levels. 
     If at any time after such certification personnel levels fall 
     below such requirements, the Commissioner shall waive the 
     application of subsection (a)(1) until such time as the 
     Commissioner re-certifies to such Committees that CBP has so 
     met all such requirements.''.
       (b) Supplemental Commissioner Authority; Reporting; 
     Definitions.--The Anti-Border Corruption Act of 2010 is 
     amended by adding at the end the following new sections:

     ``SEC. 5. SUPPLEMENTAL COMMISSIONER AUTHORITY.

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

     ``SEC. 6. REPORTING.

       ``(a) Annual Report.--Not later than one year after the 
     date of the enactment of this section and annually thereafter 
     while the waiver authority under section 3(b) is in effect, 
     the Commissioner of U.S. Customs and Border Protection shall 
     submit to Congress a report that includes, with respect to 
     each such reporting period, the following:
       ``(1) Information relating to the number of waivers granted 
     under such section 3(b).
       ``(2) Information relating to the percentage of applicants 
     who were hired after receiving such a waiver.
       ``(3) Information relating to the number of instances that 
     a polygraph was administered to an applicant who initially 
     received such a waiver and the results of such polygraph.
       ``(4) An assessment of the current impact of such waiver 
     authority on filling law enforcement positions at U.S. 
     Customs and Border Protection.
       ``(5) An identification of additional authorities needed by 
     U.S. Customs and Border Protection to better utilize such 
     waiver authority for its intended goals.
       ``(b) Additional Information.--The first report submitted 
     under subsection (a) shall include the following:
       ``(1) An analysis of other methods of employment 
     suitability tests that detect deception and could be used in 
     conjunction with traditional background investigations to 
     evaluate potential applicants or employees for suitability 
     for employment or continued employment, as the case may be.
       ``(2) A recommendation regarding whether a test referred to 
     in paragraph (1) should be adopted by U.S. Customs and Border 
     Protection when the polygraph examination requirement is 
     waived pursuant to section 3(b).

     ``SEC. 7. DEFINITIONS.

       ``In this Act:
       ``(1) Federal law enforcement officer.--The term `Federal 
     law enforcement officer' means a `law enforcement officer', 
     as such term is defined in section 8331(20) or 8401(17) of 
     title 5, United States Code.
       ``(2) Serious military or civil offense.--The term `serious 
     military or civil offense' means an offense for which--
       ``(A) a member of the Armed Forces may be discharged or 
     separated from service in the Armed Forces; and
       ``(B) a punitive discharge is, or would be, authorized for 
     the same or a closely related offense under the Manual for 
     Court-Martial, as pursuant to Army Regulation 635-200, 
     chapter 14-12.
       ``(3) Tier 4; tier 5.--The terms `Tier 4' and `Tier 5', 
     with respect to background investigations, have the meaning 
     given such terms under the 2012 Federal Investigative 
     Standards.
       ``(4) Veteran.--The term `veteran' has the meaning given 
     such term in section 101(2) of title 38, United States 
     Code.''.
       (c) Polygraph Examiners.--Not later than September 30, 
     2025, the Secretary shall increase to not fewer than 150 the 
     number of trained full-time equivalent polygraph examiners 
     for administering polygraphs under the Anti-Border Corruption 
     Act of 2010, as amended by this section.

     SEC. 1109. ESTABLISHMENT OF WORKLOAD STAFFING MODELS FOR U.S. 
                   BORDER PATROL AND AIR AND MARINE OPERATIONS OF 
                   CBP.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, the Commissioner, in coordination 
     with the Under Secretary for Management, the Chief Human 
     Capital Officer, and the Chief Financial Officer of the 
     Department, shall implement a workload staffing model for 
     each of the following:
       (1) The U.S. Border Patrol.
       (2) Air and Marine Operations of CBP.
       (b) Responsibilities of the Commissioner.--Subsection (c) 
     of section 411 of the Homeland Security Act of 2002 (6 U.S.C. 
     211), is amended--
       (1) by redesignating paragraphs (18) and (19) as paragraphs 
     (20) and (21), respectively; and
       (2) by inserting after paragraph (17) the following new 
     paragraphs:
       ``(18) implement a staffing model for the U.S. Border 
     Patrol, Air and Marine Operations, and the Office of Field 
     Operations that includes consideration for essential 
     frontline operator activities and functions, variations in 
     operating environments, present and planned infrastructure, 
     present and planned technology, and required operations 
     support levels to enable such entities to manage and assign 
     personnel of such entities to ensure field and support posts 
     possess adequate resources to carry out duties specified in 
     this section;
       ``(19) develop standard operating procedures for a 
     workforce tracking system within the U.S. Border Patrol, Air 
     and Marine Operations, and the Office of Field Operations, 
     train the workforce of each of such entities on the use, 
     capabilities, and purpose

[[Page S3048]]

     of such system, and implement internal controls to ensure 
     timely and accurate scheduling and reporting of actual 
     completed work hours and activities;''.
       (c) Report.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act with respect to subsection (a) and 
     paragraphs (18) and (19) of section 411(c) of the Homeland 
     Security Act of 2002 (as amended by subsection (b)), and 
     annually thereafter with respect to such paragraphs (18) and 
     (19), the Secretary shall submit to the appropriate 
     congressional committees a report that includes a status 
     update on the following:
       (A) The implementation of such subsection (a) and such 
     paragraphs (18) and (19).
       (B) Each relevant workload staffing model.
       (2) Data sources and methodology required.--Each report 
     required under paragraph (1) shall include information 
     relating to the data sources and methodology used to generate 
     each relevant staffing model.
       (d) Inspector General Review.--Not later than 90 days after 
     the Commissioner develops the workload staffing models 
     pursuant to subsection (a), the Inspector General of the 
     Department shall review such models and provide feedback to 
     the Secretary and the appropriate congressional committees 
     with respect to the degree to which such models are 
     responsive to the recommendations of the Inspector General, 
     including the following:
       (1) Recommendations from the Inspector General's February 
     2019 audit.
       (2) Any further recommendations to improve such models.
       (e) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Homeland Security of the House of 
     Representatives; and
       (2) the Committee on Homeland Security and Governmental 
     Affairs of the Senate.

     SEC. 1110. OPERATION STONEGARDEN.

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

     ``SEC. 2010. OPERATION STONEGARDEN.

       ``(a) Establishment.--There is established in the 
     Department a program to be known as `Operation Stonegarden', 
     under which the Secretary, acting through the Administrator, 
     shall make grants to eligible law enforcement agencies, 
     through State administrative agencies, to enhance border 
     security in accordance with this section.
       ``(b) Eligible Recipients.--To be eligible to receive a 
     grant under this section, a law enforcement agency shall--
       ``(1) be located in--
       ``(A) a State bordering Canada or Mexico; or
       ``(B) a State or territory with a maritime border;
       ``(2) be involved in an active, ongoing, U.S. Customs and 
     Border Protection operation coordinated through a U.S. Border 
     Patrol sector office; and
       ``(3) have an agreement in place with U.S. Immigration and 
     Customs Enforcement to support enforcement operations.
       ``(c) Permitted Uses.--A recipient of a grant under this 
     section may use such grant for costs associated with the 
     following:
       ``(1) Equipment, including maintenance and sustainment.
       ``(2) Personnel, including overtime and backfill, in 
     support of enhanced border law enforcement activities.
       ``(3) Any activity permitted for Operation Stonegarden 
     under the most recent fiscal year Department of Homeland 
     Security's Homeland Security Grant Program Notice of Funding 
     Opportunity.
       ``(d) Period of Performance.--The Secretary shall award 
     grants under this section to grant recipients for a period of 
     not fewer than 36 months.
       ``(e) Notification.--Upon denial of a grant to a law 
     enforcement agency, the Administrator shall provide written 
     notice to the Committee on Homeland Security of the House of 
     Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate, including the reasoning 
     for such denial.
       ``(f) Report.--For each of fiscal years 2024 through 2028 
     the Administrator shall submit to the Committee on Homeland 
     Security of the House of Representatives and the Committee on 
     Homeland Security and Governmental Affairs of the Senate a 
     report that contains--
       ``(1) information on the expenditure of grants made under 
     this section by each grant recipient; and
       ``(2) recommendations for other uses of such grants to 
     further support eligible law enforcement agencies.
       ``(g) Authorization of Appropriations.--There is authorized 
     to be appropriated $110,000,000 for each of fiscal years 2024 
     through 2028 for grants under this section.''.
       (b) Conforming Amendment.--Subsection (a) of section 2002 
     of the Homeland Security Act of 2002 (6 U.S.C. 603) is 
     amended to read as follows:
       ``(a) Grants Authorized.--The Secretary, through the 
     Administrator, may award grants under sections 2003, 2004, 
     2009, and 2010 to State, local, and Tribal governments, as 
     appropriate.''.
       (c) Clerical Amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 is amended by 
     inserting after the item relating to section 2009 the 
     following new item:

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

     SEC. 1111. AIR AND MARINE OPERATIONS FLIGHT HOURS.

       (a) Air and Marine Operations Flight Hours.--Not later than 
     120 days after the date of the enactment of this Act, the 
     Secretary shall ensure that not fewer than 110,000 annual 
     flight hours are carried out by Air and Marine Operations of 
     CBP.
       (b) Unmanned Aircraft Systems.--The Secretary, after 
     coordination with the Administrator of the Federal Aviation 
     Administration, shall ensure that Air and Marine Operations 
     operate unmanned aircraft systems on the southern border of 
     the United States for not less than 24 hours per day.
       (c) Primary Missions.--The Commissioner shall ensure the 
     following:
       (1) The primary missions for Air and Marine Operations are 
     to directly support the following:
       (A) U.S. Border Patrol activities along the borders of the 
     United States.
       (B) Joint Interagency Task Force South and Joint Task Force 
     East operations in the transit zone.
       (2) The Executive Assistant Commissioner of Air and Marine 
     Operations assigns the greatest priority to support missions 
     specified in paragraph (1).
       (d) High Demand Flight Hour Requirements.--The Commissioner 
     shall--
       (1) ensure that U.S. Border Patrol Sector Chiefs identify 
     air support mission-critical hours; and
       (2) direct Air and Marine Operations to support requests 
     from such Sector Chiefs as a component of the primary mission 
     of Air and Marine Operations in accordance with subsection 
     (c)(1)(A).
       (e) Contract Air Support Authorizations.--The Commissioner 
     shall contract for air support mission-critical hours to meet 
     the requests for such hours, as identified pursuant to 
     subsection (d).
       (f) Small Unmanned Aircraft Systems.--
       (1) In general.--The Chief of the U.S. Border Patrol shall 
     be the executive agent with respect to the use of small 
     unmanned aircraft by CBP for the purposes of the following:
       (A) Meeting the unmet flight hour operational requirements 
     of the U.S. Border Patrol.
       (B) Achieving situational awareness and operational control 
     of the borders of the United States.
       (2) Coordination.--In carrying out paragraph (1), the Chief 
     of the U.S. Border Patrol shall coordinate--
       (A) flight operations with the Administrator of the Federal 
     Aviation Administration to ensure the safe and efficient 
     operation of the national airspace system; and
       (B) with the Executive Assistant Commissioner for Air and 
     Marine Operations of CBP to--
       (i) ensure the safety of other CBP aircraft flying in the 
     vicinity of small unmanned aircraft operated by the U.S. 
     Border Patrol; and
       (ii) establish a process to include data from flight hours 
     in the calculation of got away statistics.
       (3) Conforming amendment.--Paragraph (3) of section 411(e) 
     of the Homeland Security Act of 2002 (6 U.S.C. 211(e)) is 
     amended--
       (A) in subparagraph (B), by striking ``and'' after the 
     semicolon at the end;
       (B) by redesignating subparagraph (C) as subparagraph (D); 
     and
       (C) by inserting after subparagraph (B) the following new 
     subparagraph:
       ``(C) carry out the small unmanned aircraft (as such term 
     is defined in section 44801 of title 49, United States Code) 
     requirements pursuant to subsection (f) of section 1111 of 
     the Secure the Border Act of 2024; and''.
       (g) Savings Clause.--Nothing in this section may be 
     construed as conferring, transferring, or delegating to the 
     Secretary, the Commissioner, the Executive Assistant 
     Commissioner for Air and Marine Operations of CBP, or the 
     Chief of the U.S. Border Patrol any authority of the 
     Secretary of Transportation or the Administrator of the 
     Federal Aviation Administration relating to the use of 
     airspace or aviation safety.
       (h) Definitions.--In this section:
       (1) Got away.--The term ``got away'' has the meaning given 
     such term in section 1092(a)(3) of the National Defense 
     Authorization Act for Fiscal Year 2017 (Public Law 114-328; 6 
     U.S.C. 223(a)(3)).
       (2) Transit zone.--The term ``transit zone'' has the 
     meaning given such term in section 1092(a)(8) of the National 
     Defense Authorization Act for Fiscal Year 2017 (Public Law 
     114-328; 6 U.S.C. 223(a)(8)).

     SEC. 1112. ERADICATION OF CARRIZO CANE AND SALT CEDAR.

       (a) In General.--Not later than 30 days after the date of 
     the enactment of this Act, the Secretary, in coordination 
     with the heads of relevant Federal, State, and local 
     agencies, shall hire contractors to begin eradicating the 
     carrizo cane plant and any salt cedar along the Rio Grande 
     River that impedes border security operations. Such 
     eradication shall be completed--
       (1) by not later than September 30, 2027, except for 
     required maintenance; and
       (2) in the most expeditious and cost-effective manner 
     possible to maintain clear fields of view.
       (b) Application.--The waiver authority under subsection (c) 
     of section 102 of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note), as 
     amended by section 1103, shall apply to activities carried 
     out pursuant to subsection (a).

[[Page S3049]]

       (c) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Homeland Security of the House of 
     Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate a strategic plan to 
     eradicate all carrizo cane plant and salt cedar along the Rio 
     Grande River that impedes border security operations by not 
     later than September 30, 2027.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated $7,000,000 for each of fiscal years 2024 
     through 2028 to the Secretary to carry out this subsection.

     SEC. 1113. BORDER PATROL STRATEGIC PLAN.

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

     SEC. 1114. U.S. CUSTOMS AND BORDER PROTECTION SPIRITUAL 
                   READINESS.

       Not later than one year after the enactment of this Act and 
     annually thereafter for five years, the Commissioner shall 
     submit to the Committee on Homeland Security of the House of 
     Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate a report on the 
     availability and usage of the assistance of chaplains, prayer 
     groups, houses of worship, and other spiritual resources for 
     members of CBP who identify as religiously affiliated and 
     have attempted suicide, have suicidal ideation, or are at 
     risk of suicide, and metrics on the impact such resources 
     have in assisting religiously affiliated members who have 
     access to and utilize such resources compared to religiously 
     affiliated members who do not.

     SEC. 1115. RESTRICTIONS ON FUNDING.

       (a) Arriving Aliens.--No funds are authorized to be 
     appropriated to the Department to process the entry into the 
     United States of aliens arriving in between ports of entry.
       (b) Restriction on Nongovernmental Organization Support for 
     Unlawful Activity.--No funds are authorized to be 
     appropriated to the Department for disbursement to any 
     nongovernmental organization that facilitates or encourages 
     unlawful activity, including unlawful entry, human 
     trafficking, human smuggling, drug trafficking, and drug 
     smuggling.
       (c) Restriction on Nongovernmental Organization 
     Facilitation of Illegal Immigration.--No funds are authorized 
     to be appropriated to the Department for disbursement to any 
     nongovernmental organization to provide, or facilitate the 
     provision of, transportation, lodging, or immigration legal 
     services to inadmissible aliens who enter the United States 
     after the date of the enactment of this Act.

     SEC. 1116. COLLECTION OF DNA AND BIOMETRIC INFORMATION AT THE 
                   BORDER.

       Not later than 14 days after the date of the enactment of 
     this Act, the Secretary shall ensure and certify to the 
     Committee on Homeland Security of the House of 
     Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate that CBP is fully 
     compliant with Federal DNA and biometric collection 
     requirements at United States land borders.

     SEC. 1117. ERADICATION OF NARCOTIC DRUGS AND FORMULATING 
                   EFFECTIVE NEW TOOLS TO ADDRESS YEARLY LOSSES OF 
                   LIFE; ENSURING TIMELY UPDATES TO U.S. CUSTOMS 
                   AND BORDER PROTECTION FIELD MANUALS.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, and not less frequently than 
     triennially thereafter, the Commissioner of U.S. Customs and 
     Border Protection shall review and update, as necessary, the 
     current policies and manuals of the Office of Field 
     Operations related to inspections at ports of entry, and the 
     U.S. Border Patrol related to inspections between ports of 
     entry, to ensure the uniform implementation of inspection 
     practices that will effectively respond to technological and 
     methodological changes designed to disguise unlawful 
     activity, such as the smuggling of drugs and humans, along 
     the border.
       (b) Reporting Requirement.--Not later than 90 days after 
     each update required under subsection (a), the Commissioner 
     of U.S. Customs and Border Protection shall submit to the 
     Committee on Homeland Security and the Committee on the 
     Judiciary of the House of Representatives and the Committee 
     on Homeland Security and Governmental Affairs and the 
     Committee on the Judiciary of the Senate a report that 
     summarizes any policy and manual changes pursuant to 
     subsection (a).

     SEC. 1118. PUBLICATION BY U.S. CUSTOMS AND BORDER PROTECTION 
                   OF OPERATIONAL STATISTICS.

       (a) In General.--Not later than the seventh day of each 
     month beginning with the second full month after the date of 
     the enactment of this Act, the Commissioner of U.S. Customs 
     and Border Protection shall publish on a publicly available 
     website of the Department of Homeland Security information 
     relating to the total number of alien encounters and 
     nationalities, unique alien encounters and nationalities, 
     gang-affiliated apprehensions and nationalities, drug 
     seizures, alien encounters included in the terrorist 
     screening database and nationalities, arrests of criminal 
     aliens or individuals wanted by law enforcement and 
     nationalities, known got aways, encounters with deceased 
     aliens, and all other related or associated statistics 
     recorded by U.S. Customs and Border Protection during the 
     immediately preceding month. Each such publication shall 
     include the following:
       (1) The aggregate such number, and such number 
     disaggregated by geographic regions, of such recordings and 
     encounters, including specifications relating to whether such 
     recordings and encounters were at the southwest, northern, or 
     maritime border.
       (2) An identification of the Office of Field Operations 
     field office, U.S. Border Patrol sector, or Air and Marine 
     Operations branch making each recording or encounter.
       (3) Information relating to whether each recording or 
     encounter of an alien was of a single adult, an unaccompanied 
     alien child, or an individual in a family unit.
       (4) Information relating to the processing disposition of 
     each alien recording or encounter.
       (5) Information relating to the nationality of each alien 
     who is the subject of each recording or encounter.
       (6) The total number of individuals included in the 
     terrorist screening database (as such term is defined in 
     section 2101 of the Homeland Security Act of 2002 (6 U.S.C. 
     621)) who have repeatedly attempted to cross unlawfully into 
     the United States.
       (7) The total number of individuals included in the 
     terrorist screening database

[[Page S3050]]

     who have been apprehended, including information relating to 
     whether such individuals were released into the United States 
     or removed.
       (b) Exceptions.--If the Commissioner of U.S. Customs and 
     Border Protection in any month does not publish the 
     information required under subsection (a), or does not 
     publish such information by the date specified in such 
     subsection, the Commissioner shall brief the Committee on 
     Homeland Security of the House of Representatives and the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate regarding the reason relating thereto, as the case 
     may be, by not later than the date that is two business days 
     after the tenth day of such month.
       (c) Definitions.--In this section:
       (1) Alien encounters.--The term ``alien encounters'' means 
     aliens apprehended, determined inadmissible, or processed for 
     removal by U.S. Customs and Border Protection.
       (2) Got away.--The term ``got away'' has the meaning given 
     such term in section 1092(a) of the National Defense 
     Authorization Act for Fiscal Year 2017 (6 U.S.C. 223(a)).
       (3) Terrorist screening database.--The term ``terrorist 
     screening database'' has the meaning given such term in 
     section 2101 of the Homeland Security Act of 2002 (6 U.S.C. 
     621).
       (4) Unaccompanied alien child.--The term ``unaccompanied 
     alien child'' has the meaning given such term in section 
     462(g) of the Homeland Security Act of 2002 (6 U.S.C. 
     279(g)).

     SEC. 1119. ALIEN CRIMINAL BACKGROUND CHECKS.

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

     SEC. 1120. PROHIBITED IDENTIFICATION DOCUMENTS AT AIRPORT 
                   SECURITY CHECKPOINTS; NOTIFICATION TO 
                   IMMIGRATION AGENCIES.

       (a) In General.--The Administrator may not accept as valid 
     proof of identification a prohibited identification document 
     at an airport security checkpoint.
       (b) Notification to Immigration Agencies.--If an individual 
     presents a prohibited identification document to an officer 
     of the Transportation Security Administration at an airport 
     security checkpoint, the Administrator shall promptly notify 
     the Director of U.S. Immigration and Customs Enforcement, the 
     Director of U.S. Customs and Border Protection, and the head 
     of the appropriate local law enforcement agency to determine 
     whether the individual is in violation of any term of release 
     from the custody of any such agency.
       (c) Entry Into Sterile Areas.--
       (1) In general.--Except as provided in paragraph (2), if an 
     individual is found to be in violation of any term of release 
     under subsection (b), the Administrator may not permit such 
     individual to enter a sterile area.
       (2) Exception.--An individual presenting a prohibited 
     identification document under this section may enter a 
     sterile area if the individual--
       (A) is leaving the United States for the purposes of 
     removal or deportation; or
       (B) presents a covered identification document.
       (d) Collection of Biometric Information From Certain 
     Individuals Seeking Entry Into the Sterile Area of an 
     Airport.--Beginning not later than 120 days after the date of 
     the enactment of this Act, the Administrator shall collect 
     biometric information from an individual described in 
     subsection (e) prior to authorizing such individual to enter 
     into a sterile area.
       (e) Individual Described.--An individual described in this 
     subsection is an individual who--
       (1) is seeking entry into the sterile area of an airport;
       (2) does not present a covered identification document; and
       (3) the Administrator cannot verify is a national of the 
     United States.
       (f) Participation in IDENT.--Beginning not later than 120 
     days after the date of the enactment of this Act, the 
     Administrator, in coordination with the Secretary, shall 
     submit biometric data collected under this section to the 
     Automated Biometric Identification System (IDENT).
       (g) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Transportation Security Administration.
       (2) Biometric information.--The term ``biometric 
     information'' means any of the following:
       (A) A fingerprint.
       (B) A palm print.
       (C) A photograph, including--
       (i) a photograph of an individual's face for use with 
     facial recognition technology; and
       (ii) a photograph of any physical or anatomical feature, 
     such as a scar, skin mark, or tattoo.
       (D) A signature.
       (E) A voice print.
       (F) An iris image.
       (3) Covered identification document.--The term ``covered 
     identification document'' means any of the following, if the 
     document is valid and unexpired:
       (A) A United States passport or passport card.
       (B) A biometrically secure card issued by a trusted 
     traveler program of the Department of Homeland Security, 
     including--
       (i) Global Entry;
       (ii) Nexus;
       (iii) Secure Electronic Network for Travelers Rapid 
     Inspection (SENTRI); and
       (iv) Free and Secure Trade (FAST).
       (C) An identification card issued by the Department of 
     Defense, including such a card issued to a dependent.
       (D) Any document required for admission to the United 
     States under section 211(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1181(a)).
       (E) An enhanced driver's license issued by a State.
       (F) A photo identification card issued by a federally 
     recognized Indian Tribe.
       (G) A personal identity verification credential issued in 
     accordance with Homeland Security Presidential Directive 12.
       (H) A driver's license issued by a province of Canada.
       (I) A Secure Certificate of Indian Status issued by the 
     Government of Canada.
       (J) A Transportation Worker Identification Credential.
       (K) A Merchant Mariner Credential issued by the Coast 
     Guard.
       (L) A Veteran Health Identification Card issued by the 
     Department of Veterans Affairs.
       (M) Any other document the Administrator determines, 
     pursuant to a rulemaking in accordance with section 553 of 
     title 5, United States Code, will satisfy the identity 
     verification procedures of the Transportation Security 
     Administration.
       (4) Immigration laws.--The term ``immigration laws'' has 
     the meaning given that term in section 101 of the Immigration 
     and Nationality Act (8 U.S.C. 1101).
       (5) Prohibited identification document.--The term 
     ``prohibited identification document'' means any of the 
     following (or any applicable successor form):
       (A) U.S. Immigration and Customs Enforcement Form I-200, 
     Warrant for Arrest of Alien.
       (B) U.S. Immigration and Customs Enforcement Form I-205, 
     Warrant of Removal/Deportation.
       (C) U.S. Immigration and Customs Enforcement Form I-220A, 
     Order of Release on Recognizance.
       (D) U.S. Immigration and Customs Enforcement Form I-220B, 
     Order of Supervision.
       (E) Department of Homeland Security Form I-862, Notice to 
     Appear.
       (F) U.S. Customs and Border Protection Form I-94, Arrival/
     Departure Record (including a print-out of an electronic 
     record).
       (G) Department of Homeland Security Form I-385, Notice to 
     Report.
       (H) Any document that directs an individual to report to 
     the Department of Homeland Security.
       (I) Any Department of Homeland Security work authorization 
     or employment verification document.
       (6) Sterile area.--The term ``sterile area'' has the 
     meaning given that term in section 1540.5 of title 49, Code 
     of Federal Regulations, or any successor regulation.

     SEC. 1121. PROHIBITION AGAINST ANY COVID-19 VACCINE MANDATE 
                   OR ADVERSE ACTION AGAINST DHS EMPLOYEES.

       (a) Limitation on Imposition of New Mandate.--The Secretary 
     may not issue any COVID-19 vaccine mandate unless Congress 
     expressly authorizes such a mandate.
       (b) Prohibition on Adverse Action.--The Secretary may not 
     take any adverse action against a Department employee based 
     solely on the refusal of such employee to receive a vaccine 
     for COVID-19.
       (c) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary shall report to the 
     Committee on Homeland Security of the House of 
     Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate on the following:
       (1) The number of Department employees who were terminated 
     or resigned due to the COVID-19 vaccine mandate.
       (2) An estimate of the cost to reinstate such employees.
       (3) How the Department would effectuate reinstatement of 
     such employees.
       (d) Retention and Development of Unvaccinated Employees.--
     The Secretary shall make every effort to retain Department 
     employees who are not vaccinated

[[Page S3051]]

     against COVID-19 and provide such employees with professional 
     development, promotion and leadership opportunities, and 
     consideration equal to that of their peers.

     SEC. 1122. CBP ONE APP LIMITATION.

       (a) Limitation.--The Department may use the CBP One Mobile 
     Application or any other similar program, application, 
     internet-based portal, website, device, or initiative only 
     for inspection of perishable cargo.
       (b) Report.--Not later than 60 days after the date of the 
     enactment of this Act, the Commissioner shall report to the 
     Committee on Homeland Security of the House of 
     Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate the date on which CBP 
     began using CBP One to allow aliens to schedule interviews at 
     land ports of entry, how many aliens have scheduled 
     interviews at land ports of entry using CBP One, the 
     nationalities of such aliens, and the stated final 
     destinations of such aliens within the United States, if any.

     SEC. 1123. REPORT ON MEXICAN DRUG CARTELS.

       Not later than 60 days after the date of the enactment of 
     this Act, Congress shall commission a report that contains 
     the following:
       (1) A national strategy to address Mexican drug cartels, 
     and a determination regarding whether there should be a 
     designation established to address such cartels.
       (2) Information relating to actions by such cartels that 
     causes harm to the United States.

     SEC. 1124. GAO STUDY ON COSTS INCURRED BY STATES TO SECURE 
                   THE SOUTHWEST BORDER.

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

     SEC. 1125. REPORT BY INSPECTOR GENERAL OF THE DEPARTMENT OF 
                   HOMELAND SECURITY.

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

     SEC. 1126. OFFSETTING AUTHORIZATIONS OF APPROPRIATIONS.

       (a) Office of the Secretary and Emergency Management.--No 
     funds are authorized to be appropriated for the Alternatives 
     to Detention Case Management Pilot Program or the Office of 
     the Immigration Detention Ombudsman for the Office of the 
     Secretary and Emergency Management of the Department of 
     Homeland Security.
       (b) Management Directorate.--No funds are authorized to be 
     appropriated for electric vehicles or St. Elizabeths campus 
     construction for the Management Directorate of the Department 
     of Homeland Security.
       (c) Intelligence, Analysis, and Situational Awareness.--
     There is authorized to be appropriated $216,000,000 for 
     Intelligence, Analysis, and Situational Awareness of the 
     Department of Homeland Security.
       (d) U.S. Customs and Border Protection.--No funds are 
     authorized to be appropriated for the Shelter Services 
     Program for U.S. Customs and Border Protection.

     SEC. 1127. REPORT TO CONGRESS ON FOREIGN TERRORIST 
                   ORGANIZATIONS.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act and annually thereafter for five 
     years, the Secretary of Homeland Security shall submit to the 
     Committee on Homeland Security of the House of 
     Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate an assessment of foreign 
     terrorist organizations attempting to move their members or 
     affiliates into the United States through the southern, 
     northern, or maritime border.
       (b) Definition.--In this section, the term ``foreign 
     terrorist organization'' means an organization described in 
     section 219 of the Immigration and Nationality Act (8 U.S.C. 
     1189).

     SEC. 1128. ASSESSMENT BY INSPECTOR GENERAL OF THE DEPARTMENT 
                   OF HOMELAND SECURITY ON THE MITIGATION OF 
                   UNMANNED AIRCRAFT SYSTEMS AT THE SOUTHWEST 
                   BORDER.

       Not later than 90 days after the date of the enactment of 
     this Act, the Inspector General of the Department of Homeland 
     Security shall submit to the Committee on Homeland Security 
     of the House of Representatives and the Committee on Homeland 
     Security and Governmental Affairs of the Senate an assessment 
     of U.S. Customs and Border Protection's ability to mitigate 
     unmanned aircraft systems at the southwest border. Such 
     assessment shall include information regarding any 
     intervention between January 1, 2021, and the date of the 
     enactment of this Act, by any Federal agency affecting in any 
     manner U.S. Customs and Border Protection's authority to so 
     mitigate such systems.

             TITLE II--ASYLUM REFORM AND BORDER PROTECTION

     SEC. 1201. SAFE THIRD COUNTRY.

       Section 208(a)(2)(A) of the Immigration and Nationality Act 
     (8 U.S.C. 1158(a)(2)(A)) is amended--
       (1) by striking ``if the Attorney General determines'' and 
     inserting ``if the Attorney General or the Secretary of 
     Homeland Security determines--'';
       (2) by striking ``that the alien may be removed'' and 
     inserting the following:
       ``(i) that the alien may be removed'';
       (3) by striking ``, pursuant to a bilateral or multilateral 
     agreement, to'' and inserting ``to'';
       (4) by inserting ``or the Secretary, on a case by case 
     basis,'' before ``finds that'';
       (5) by striking the period at the end and inserting ``; 
     or''; and
       (6) by adding at the end the following:
       ``(ii) that the alien entered, attempted to enter, or 
     arrived in the United States after transiting through at 
     least one country outside the alien's country of citizenship, 
     nationality, or last lawful habitual residence en route to 
     the United States, unless--
       ``(I) the alien demonstrates that he or she applied for 
     protection from persecution or torture in at least one 
     country outside the alien's country of citizenship, 
     nationality, or last lawful habitual residence through which 
     the alien transited en route to the United States, and the 
     alien received a final judgment denying the alien protection 
     in each country;
       ``(II) the alien demonstrates that he or she was a victim 
     of a severe form of trafficking in which a commercial sex act 
     was induced by force, fraud, or coercion, or in which the 
     person induced to perform such act was under the age of 18 
     years; or in which the trafficking included the recruitment, 
     harboring, transportation, provision, or obtaining of a 
     person for labor or services through the use of force, fraud, 
     or coercion for the purpose of subjection to involuntary 
     servitude, peonage, debt bondage, or slavery, and was unable 
     to apply for protection from persecution in each country 
     through which the alien transited en route to the United 
     States as a result of such severe form of trafficking; or
       ``(III) the only countries through which the alien 
     transited en route to the United States were, at the time of 
     the transit, not parties to the 1951 United Nations 
     Convention relating to the Status of Refugees, the 1967 
     Protocol Relating to the Status of Refugees, or the United 
     Nations Convention against Torture and Other Cruel, Inhuman 
     or Degrading Treatment or Punishment.''.

     SEC. 1202. CREDIBLE FEAR INTERVIEWS.

       Section 235(b)(1)(B)(v) of the Immigration and Nationality 
     Act (8 U.S.C. 1225(b)(1)(B)(v)) is amended by striking 
     ``there is a significant possibility'' and all that follows, 
     and inserting ``, taking into account the credibility of the 
     statements made by the alien in support of the alien's claim, 
     as determined pursuant to section 208(b)(1)(B)(iii), and such 
     other facts as are known to the officer, the alien more 
     likely than not could establish eligibility for asylum under 
     section 208, and it is more likely than not that the 
     statements made by, and on behalf of, the alien in support of 
     the alien's claim are true.''.

     SEC. 1203. CLARIFICATION OF ASYLUM ELIGIBILITY.

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

[[Page S3052]]

     having been interdicted in international or United States 
     waters),''.

     SEC. 1204. EXCEPTIONS.

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

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

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

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

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

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

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

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

       ``(x) the alien, having been convicted by a final judgment 
     of a particularly serious crime, constitutes a danger to the 
     community of the United States;
       ``(xi) there are serious reasons for believing that the 
     alien has committed a serious nonpolitical crime outside the 
     United States prior to the arrival of the alien in the United 
     States;
       ``(xii) there are reasonable grounds for regarding the 
     alien as a danger to the security of the United States;
       ``(xiii) the alien is described in subclause (I), (II), 
     (III), (IV), or (VI) of section 212(a)(3)(B)(i) or section 
     237(a)(4)(B) (relating to terrorist activity), unless, in the 
     case only of an alien inadmissible under subclause (IV) of 
     section 212(a)(3)(B)(i), the Secretary of Homeland Security 
     or the Attorney General determines, in the Secretary's or the 
     Attorney General's discretion, that there are not reasonable 
     grounds for regarding the alien as a danger to the security 
     of the United States;
       ``(xiv) the alien was firmly resettled in another country 
     prior to arriving in the United States; or
       ``(xv) there are reasonable grounds for concluding the 
     alien could avoid persecution by relocating to another part 
     of the alien's country of nationality or, in the case of an 
     alien having no nationality, another part of the alien's 
     country of last habitual residence.
       ``(B) Special rules.--
       ``(i) Particularly serious crime; serious nonpolitical 
     crime outside the united states.--

       ``(I) In general.--For purposes of subparagraph (A)(x), the 
     Attorney General or Secretary of Homeland Security, in their 
     discretion, may determine that a conviction constitutes a 
     particularly serious crime based on--

       ``(aa) the nature of the conviction;
       ``(bb) the type of sentence imposed; or
       ``(cc) the circumstances and underlying facts of the 
     conviction.

       ``(II) Determination.--In making a determination under 
     subclause (I), the Attorney General or Secretary of Homeland 
     Security may consider all reliable information and is not 
     limited to facts found by the criminal court or provided in 
     the underlying record of conviction.
       ``(III) Treatment of felonies.--In making a determination 
     under subclause (I), an alien who has been convicted of a 
     felony (as defined under this section) or an aggravated 
     felony (as defined under section 101(a)(43)), shall be 
     considered to have been convicted of a particularly serious 
     crime.
       ``(IV) Interpol red notice.--In making a determination 
     under subparagraph (A)(xi), an Interpol Red Notice may 
     constitute reliable evidence that the alien has committed a 
     serious nonpolitical crime outside the United States.

       ``(ii) Crimes and exceptions.--

       ``(I) Driving while intoxicated or impaired.--A finding 
     under subparagraph (A)(vi) does not require the Attorney 
     General or Secretary of Homeland Security to find the first 
     conviction for driving while intoxicated or impaired 
     (including a conviction for driving while under the influence 
     of or impaired by alcohol or drugs) as a predicate offense. 
     The Attorney General or Secretary of Homeland Security need 
     only make a factual determination that the alien previously 
     was convicted for driving while intoxicated or impaired as 
     those terms are defined under the jurisdiction where the 
     conviction occurred (including a conviction for driving while 
     under the influence of or impaired by alcohol or drugs).
       ``(II) Stalking and other crimes.--In making a 
     determination under subparagraph (A)(viii), including 
     determining the existence of a domestic relationship between 
     the alien and the victim, the underlying conduct of the crime 
     may be considered, and the Attorney General or Secretary of 
     Homeland Security is not limited to facts found by the 
     criminal court or provided in the underlying record of 
     conviction.
       ``(III) Battery or extreme cruelty.--In making a 
     determination under subparagraph (A)(ix), the phrase `battery 
     or extreme cruelty' includes--

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

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

[[Page S3053]]

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

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

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

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

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

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

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

     SEC. 1205. EMPLOYMENT AUTHORIZATION.

       Paragraph (2) of section 208(d) of the Immigration and 
     Nationality Act (8 U.S.C. 1158(d)) is amended to read as 
     follows:
       ``(2) Employment authorization.--
       ``(A) Authorization permitted.--An applicant for asylum is 
     not entitled to employment authorization, but such 
     authorization may be provided under regulation by the 
     Secretary of Homeland Security. An applicant who is not 
     otherwise eligible for employment authorization shall not be 
     granted such authorization prior to the date that is 180 days 
     after the date of filing of the application for asylum.
       ``(B) Termination.--Each grant of employment authorization 
     under subparagraph (A), and any renewal or extension thereof, 
     shall be valid for a period of 6 months, except that such 
     authorization, renewal, or extension shall terminate prior to 
     the end of such 6 month period as follows:
       ``(i) Immediately following the denial of an asylum 
     application by an asylum officer, unless the case is referred 
     to an immigration judge.
       ``(ii) 30 days after the date on which an immigration judge 
     denies an asylum application, unless the alien timely appeals 
     to the Board of Immigration Appeals.
       ``(iii) Immediately following the denial by the Board of 
     Immigration Appeals of an appeal of a denial of an asylum 
     application.
       ``(C) Renewal.--The Secretary of Homeland Security may not 
     grant, renew, or extend employment authorization to an alien 
     if the alien was previously granted employment authorization 
     under subparagraph (A), and the employment authorization was 
     terminated pursuant to a circumstance described in 
     subparagraph (B)(i), (ii), or (iii), unless a Federal court 
     of appeals remands the alien's case to the Board of 
     Immigration Appeals.
       ``(D) Ineligibility.--The Secretary of Homeland Security 
     may not grant employment authorization to an alien under this 
     paragraph if the alien--
       ``(i) is ineligible for asylum under subsection (b)(2)(A); 
     or
       ``(ii) entered or attempted to enter the United States at a 
     place and time other than lawfully through a United States 
     port of entry.''.

     SEC. 1206. ASYLUM FEES.

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

     SEC. 1207. RULES FOR DETERMINING ASYLUM ELIGIBILITY.

       Section 208 of the Immigration and Nationality Act (8 
     U.S.C. 1158) is amended by adding at the end the following:
       ``(f) Rules for Determining Asylum Eligibility.--In making 
     a determination under subsection (b)(1)(A) with respect to 
     whether an alien is a refugee within the meaning of section 
     101(a)(42)(A), the following shall apply:
       ``(1) Particular social group.--The Secretary of Homeland 
     Security or the Attorney General shall not determine that an 
     alien is a member of a particular social group unless the 
     alien articulates on the record, or provides a basis on the 
     record for determining, the definition and boundaries of the 
     alleged particular social group, establishes that the 
     particular social group exists independently from the alleged 
     persecution, and establishes that the alien's claim of 
     membership in a particular social group does not involve--
       ``(A) past or present criminal activity or association 
     (including gang membership);
       ``(B) presence in a country with generalized violence or a 
     high crime rate;
       ``(C) being the subject of a recruitment effort by 
     criminal, terrorist, or persecutory groups;
       ``(D) the targeting of the applicant for criminal activity 
     for financial gain based on perceptions of wealth or 
     affluence;
       ``(E) interpersonal disputes of which governmental 
     authorities in the relevant society or region were unaware or 
     uninvolved;
       ``(F) private criminal acts of which governmental 
     authorities in the relevant society or region were unaware or 
     uninvolved;
       ``(G) past or present terrorist activity or association;
       ``(H) past or present persecutory activity or association; 
     or
       ``(I) status as an alien returning from the United States.
       ``(2) Political opinion.--The Secretary of Homeland 
     Security or the Attorney General may not determine that an 
     alien holds a political opinion with respect to which the 
     alien is subject to persecution if the political opinion is 
     constituted solely by generalized disapproval of, 
     disagreement with, or opposition to criminal, terrorist, 
     gang, guerilla, or other non-state organizations and does not 
     include expressive behavior in furtherance of a cause against 
     such organizations related to efforts by the State to control 
     such organizations or behavior that is antithetical to or 
     otherwise opposes the ruling legal entity of the State or a 
     unit thereof.
       ``(3) Persecution.--The Secretary of Homeland Security or 
     the Attorney General may not determine that an alien has been 
     subject to persecution or has a well-founded fear of 
     persecution based only on--
       ``(A) the existence of laws or government policies that are 
     unenforced or infrequently enforced, unless there is credible 
     evidence that such a law or policy has been or would be 
     applied to the applicant personally; or
       ``(B) the conduct of rogue foreign government officials 
     acting outside the scope of their official capacity.
       ``(4) Discretionary determination.--
       ``(A) Adverse discretionary factors.--The Secretary of 
     Homeland Security or the

[[Page S3054]]

     Attorney General may only grant asylum to an alien if the 
     alien establishes that he or she warrants a favorable 
     exercise of discretion. In making such a determination, the 
     Attorney General or Secretary of Homeland Security shall 
     consider, if applicable, an alien's use of fraudulent 
     documents to enter the United States, unless the alien 
     arrived in the United States by air, sea, or land directly 
     from the applicant's home country without transiting through 
     any other country.
       ``(B) Favorable exercise of discretion not permitted.--
     Except as provided in subparagraph (C), the Attorney General 
     or Secretary of Homeland Security shall not favorably 
     exercise discretion under this section for any alien who--
       ``(i) has accrued more than one year of unlawful presence 
     in the United States, as defined in sections 212(a)(9)(B)(ii) 
     and (iii), prior to filing an application for asylum;
       ``(ii) at the time the asylum application is filed with the 
     immigration court or is referred from the Department of 
     Homeland Security, has--

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

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

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

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

     SEC. 1208. FIRM RESETTLEMENT.

       Section 208 of the Immigration and Nationality Act (8 
     U.S.C. 1158), as amended by this title, is further amended by 
     adding at the end the following:
       ``(g) Firm Resettlement.--In determining whether an alien 
     was firmly resettled in another country prior to arriving in 
     the United States under subsection (b)(2)(A)(xiv), the 
     following shall apply:
       ``(1) In general.--An alien shall be considered to have 
     firmly resettled in another country if, after the events 
     giving rise to the alien's asylum claim--
       ``(A) the alien resided in a country through which the 
     alien transited prior to arriving in or entering the United 
     States and--
       ``(i) received or was eligible for any permanent legal 
     immigration status in that country;
       ``(ii) resided in such a country with any non-permanent but 
     indefinitely renewable legal immigration status (including 
     asylee, refugee, or similar status, but excluding status of a 
     tourist); or
       ``(iii) resided in such a country and could have applied 
     for and obtained an immigration status described in clause 
     (ii);
       ``(B) the alien physically resided voluntarily, and without 
     continuing to suffer persecution or torture, in any one 
     country for one year or more after departing his country of 
     nationality or last habitual residence and prior to arrival 
     in or entry into the United States, except for any time spent 
     in Mexico by an alien who is not a native or citizen of 
     Mexico solely as a direct result of being returned to Mexico 
     pursuant to section 235(b)(3) or of being subject to 
     metering; or
       ``(C) the alien is a citizen of a country other than the 
     country in which the alien alleges a fear of persecution, or 
     was a citizen of such a country in the case of an alien who 
     renounces such citizenship, and the alien was present in that 
     country after departing his country of nationality or last 
     habitual residence and prior to arrival in or entry into the 
     United States.
       ``(2) Burden of proof.--If an immigration judge determines 
     that an alien has firmly resettled in another country under 
     paragraph (1), the alien shall bear the burden of proving the 
     bar does not apply.
       ``(3) Firm resettlement of parent.--An alien shall be 
     presumed to have been firmly resettled in another country if 
     the alien's parent was firmly resettled in another country, 
     the parent's resettlement occurred before the alien turned 18 
     years of age, and the alien resided with such parent at the 
     time of the firm resettlement, unless the alien establishes 
     that he or she could not have derived any permanent legal 
     immigration status or any non-permanent but indefinitely 
     renewable legal immigration status (including asylum, 
     refugee, or similar status, but excluding status of a 
     tourist) from the alien's parent.''.

     SEC. 1209. NOTICE CONCERNING FRIVOLOUS ASYLUM APPLICATIONS.

       (a) In General.--Section 208(d)(4) of the Immigration and 
     Nationality Act (8 U.S.C. 1158(d)(4)) is amended--
       (1) in the matter preceding subparagraph (A), by inserting 
     ``the Secretary of Homeland Security or'' before ``the 
     Attorney General'';
       (2) in subparagraph (A), by striking ``and of the 
     consequences, under paragraph (6), of knowingly filing a 
     frivolous application for asylum; and'' and inserting a 
     semicolon;
       (3) in subparagraph (B), by striking the period and 
     inserting ``; and''; and
       (4) by adding at the end the following:
       ``(C) ensure that a written warning appears on the asylum 
     application advising the alien of the consequences of filing 
     a frivolous application and serving as notice to the alien of 
     the consequence of filing a frivolous application.''.
       (b) Conforming Amendment.--Section 208(d)(6) of the 
     Immigration and Nationality Act (8 U.S.C. 1158(d)(6)) is 
     amended by striking ``If the'' and all that follows and 
     inserting:
       ``(A) In general.--If the Secretary of Homeland Security or 
     the Attorney General determines that an alien has knowingly 
     made a frivolous application for asylum and the alien has 
     received the notice under paragraph (4)(C), the alien shall 
     be permanently ineligible for any benefits under this 
     chapter, effective as the date of the final determination of 
     such an application.
       ``(B) Criteria.--An application is frivolous if the 
     Secretary of Homeland Security or the Attorney General 
     determines, consistent with subparagraph (C), that--
       ``(i) it is so insufficient in substance that it is clear 
     that the applicant knowingly filed the application solely or 
     in part to delay removal from the United States, to seek 
     employment authorization as an applicant for asylum pursuant 
     to regulations issued pursuant to paragraph (2), or to seek 
     issuance of a Notice to Appear in order to pursue 
     Cancellation of Removal under section 240A(b); or
       ``(ii) any of the material elements are knowingly 
     fabricated.
       ``(C) Sufficient opportunity to clarify.--In determining 
     that an application is frivolous, the Secretary or the 
     Attorney General, must be satisfied that the applicant, 
     during the course of the proceedings, has had sufficient 
     opportunity to clarify any discrepancies or implausible 
     aspects of the claim.
       ``(D) Withholding of removal not precluded.--For purposes 
     of this section, a finding that an alien filed a frivolous 
     asylum application shall not preclude the alien from

[[Page S3055]]

     seeking withholding of removal under section 241(b)(3) or 
     protection pursuant to the Convention Against Torture.''.

     SEC. 1210. TECHNICAL AMENDMENTS.

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

     SEC. 1211. REQUIREMENT FOR PROCEDURES RELATING TO CERTAIN 
                   ASYLUM APPLICATIONS.

       (a) In General.--Not later than 30 days after the date of 
     the enactment of this Act, the Attorney General shall 
     establish procedures to expedite the adjudication of asylum 
     applications for aliens--
       (1) who are subject to removal proceedings under section 
     240 of the Immigration and Nationality Act (8 U.S.C. 1229a); 
     and
       (2) who are nationals of a Western Hemisphere country 
     sanctioned by the United States, as described in subsection 
     (b), as of January 1, 2023.
       (b) Western Hemisphere Country Sanctioned by the United 
     States Described.--Subsection (a) shall apply only to an 
     asylum application filed by an alien who is a national of a 
     Western Hemisphere country subject to sanctions pursuant to--
       (1) the Cuban Liberty and Democratic Solidarity (LIBERTAD) 
     Act of 1996 (22 U.S.C. 6021 note);
       (2) the Reinforcing Nicaragua's Adherence to Conditions for 
     Electoral Reform Act of 2021 or the RENACER Act (50 U.S.C. 
     1701 note); or
       (3) Executive Order 13692 (80 Fed. Reg. 12747; declaring a 
     national emergency with respect to the situation in 
     Venezuela).
       (c) Applicability.--This section shall only apply to an 
     alien who files an application for asylum after the date of 
     the enactment of this Act.

            TITLE III--BORDER SAFETY AND MIGRANT PROTECTION

     SEC. 1301. INSPECTION OF APPLICANTS FOR ADMISSION.

       Section 235 of the Immigration and Nationality Act (8 
     U.S.C. 1225) is amended--
       (1) in subsection (b)--
       (A) in paragraph (1)--
       (i) in subparagraph (A)--

       (I) in clauses (i) and (ii), by striking ``section 
     212(a)(6)(C)'' and inserting ``subparagraph (A) or (C) of 
     section 212(a)(6)''; and
       (II) by adding at the end the following:

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

       (I) in clause (ii), by striking ``asylum.'' and inserting 
     ``asylum and shall not be released (including pursuant to 
     parole or release pursuant to section 236(a) but excluding as 
     expressly authorized pursuant to section 212(d)(5)) other 
     than to be removed or returned to a country as described in 
     paragraph (3).''; and
       (II) in clause (iii)(IV)--

       (aa) in the header by striking ``detention'' and inserting 
     ``detention, return, or removal''; and
       (bb) by adding at the end the following: ``The alien shall 
     not be released (including pursuant to parole or release 
     pursuant to section 236(a) but excluding as expressly 
     authorized pursuant to section 212(d)(5)) other than to be 
     removed or returned to a country as described in paragraph 
     (3).'';
       (B) in paragraph (2)--
       (i) in subparagraph (A)--

       (I) by striking ``Subject to subparagraphs (B) and (C),'' 
     and inserting ``Subject to subparagraph (B) and paragraph 
     (3),''; and
       (II) by adding at the end the following: ``The alien shall 
     not be released (including pursuant to parole or release 
     pursuant to section 236(a) but excluding as expressly 
     authorized pursuant to section 212(d)(5)) other than to be 
     removed or returned to a country as described in paragraph 
     (3).''; and

       (ii) by striking subparagraph (C);
       (C) by redesignating paragraph (3) as paragraph (5); and
       (D) by inserting after paragraph (2) the following:
       ``(3) Return to foreign territory contiguous to the united 
     states.--
       ``(A) In general.--The Secretary of Homeland Security may 
     return to a foreign territory contiguous to the United States 
     any alien arriving on land from that territory (whether or 
     not at a designated port of entry) pending a proceeding under 
     section 240 or review of a determination under subsection 
     (b)(1)(B)(iii)(III).
       ``(B) Mandatory return.--If at any time the Secretary of 
     Homeland Security cannot--
       ``(i) comply with its obligations to detain an alien as 
     required under clauses (ii) and (iii)(IV) of subsection 
     (b)(1)(B) and subsection (b)(2)(A); or
       ``(ii) remove an alien to a country described in section 
     208(a)(2)(A),
     the Secretary of Homeland Security shall, without exception, 
     including pursuant to parole or release pursuant to section 
     236(a) but excluding as expressly authorized pursuant to 
     section 212(d)(5), return to a foreign territory contiguous 
     to the United States any alien arriving on land from that 
     territory (whether or not at a designated port of entry) 
     pending a proceeding under section 240 or review of a 
     determination under subsection (b)(1)(B)(iii)(III).
       ``(4) Enforcement by state attorneys general.--The attorney 
     general of a State, or other authorized State officer, 
     alleging a violation of the detention, return, or removal 
     requirements under paragraph (1), (2), or (3) that affects 
     such State or its residents, may bring an action against the 
     Secretary of Homeland Security on behalf of the residents of 
     the State in an appropriate United States district court to 
     obtain appropriate injunctive relief.''; and
       (2) by adding at the end the following:
       ``(e) Authority To Prohibit Introduction of Certain 
     Aliens.--If the Secretary of Homeland Security determines, in 
     his discretion, that the prohibition of the introduction of 
     aliens who are inadmissible under subparagraph (A) or (C) of 
     section 212(a)(6) or under section 212(a)(7) at an 
     international land or maritime border of the United States is 
     necessary to achieve operational control (as defined in 
     section 2 of the Secure Fence Act of 2006 (8 U.S.C. 1701 
     note)) of such border, the Secretary may prohibit, in whole 
     or in part, the introduction of such aliens at such border 
     for such period of time as the Secretary determines is 
     necessary for such purpose.''.

     SEC. 1302. OPERATIONAL DETENTION FACILITIES.

       (a) In General.--Not later than September 30, 2023, the 
     Secretary of Homeland Security shall take all necessary 
     actions to reopen or restore all U.S. Immigration and Customs 
     Enforcement detention facilities that were in operation on 
     January 20, 2021, that subsequently closed or with respect to 
     which the use was altered, reduced, or discontinued after 
     January 20, 2021. In carrying out the requirement under this 
     subsection, the Secretary may use the authority under section 
     103(a)(11) of the Immigration and Nationality Act (8 U.S.C. 
     1103(a)(11)).
       (b) Specific Facilities.--The requirement under subsection 
     (a) shall include at a minimum, reopening, or restoring, the 
     following facilities:
       (1) Irwin County Detention Center in Georgia.
       (2) C. Carlos Carreiro Immigration Detention Center in 
     Bristol County, Massachusetts.
       (3) Etowah County Detention Center in Gadsden, Alabama.
       (4) Glades County Detention Center in Moore Haven, Florida.
       (5) South Texas Family Residential Center.
       (c) Exception.--
       (1) In general.--Except as provided in paragraphs (2) and 
     (3), the Secretary of Homeland Security is authorized to 
     obtain equivalent capacity for detention facilities at 
     locations other than those listed in subsection (b).
       (2) Limitation.--The Secretary may not take action under 
     paragraph (1) unless the capacity obtained would result in a 
     reduction of time and cost relative to the cost and time 
     otherwise required to obtain such capacity.
       (3) South texas family residential center.--The exception 
     under paragraph (1) shall not apply to the South Texas Family 
     Residential Center. The Secretary shall take all necessary 
     steps to modify and operate the South Texas Family 
     Residential Center in the same manner and capability it was 
     operating on January 20, 2021.
       (d) Periodic Report.--Not later than 90 days after the date 
     of the enactment of this Act, and every 90 days thereafter 
     until September 30, 2027, the Secretary of Homeland Security 
     shall submit to the appropriate congressional committees a 
     detailed plan for and a status report on--
       (1) compliance with the deadline under subsection (a);
       (2) the increase in detention capabilities required by this 
     section--
       (A) for the 90-day period immediately preceding the date 
     such report is submitted; and
       (B) for the period beginning on the first day of the fiscal 
     year during which the report is submitted, and ending on the 
     date such report is submitted;
       (3) the number of detention beds that were used and the 
     number of available detention beds that were not used 
     during--
       (A) the 90-day period immediately preceding the date such 
     report is submitted; and
       (B) the period beginning on the first day of the fiscal 
     year during which the report is submitted, and ending on the 
     date such report is submitted;
       (4) the number of aliens released due to a lack of 
     available detention beds; and

[[Page S3056]]

       (5) the resources the Department of Homeland Security needs 
     in order to comply with the requirements under this section.
       (e) Notification.--The Secretary of Homeland Security shall 
     notify Congress, and include with such notification a 
     detailed description of the resources the Department of 
     Homeland Security needs in order to detain all aliens whose 
     detention is mandatory or nondiscretionary under the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.)--
       (1) not later than 5 days after all U.S. Immigration and 
     Customs Enforcement detention facilities reach 90 percent of 
     capacity;
       (2) not later than 5 days after all U.S. Immigration and 
     Customs Enforcement detention facilities reach 95 percent of 
     capacity; and
       (3) not later than 5 days after all U.S. Immigration and 
     Customs Enforcement detention facilities reach full capacity.
       (f) Appropriate Congressional Committees.--In this section, 
     the term ``appropriate congressional committees'' means--
       (1) the Committee on the Judiciary of the House of 
     Representatives;
       (2) the Committee on Appropriations of the House of 
     Representatives;
       (3) the Committee on the Judiciary of the Senate; and
       (4) the Committee on Appropriations of the Senate.

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

     SEC. 1401. UNITED STATES POLICY REGARDING WESTERN HEMISPHERE 
                   COOPERATION ON IMMIGRATION AND ASYLUM.

       It is the policy of the United States to enter into 
     agreements, accords, and memoranda of understanding with 
     countries in the Western Hemisphere, the purposes of which 
     are to advance the interests of the United States by reducing 
     costs associated with illegal immigration and to protect the 
     human capital, societal traditions, and economic growth of 
     other countries in the Western Hemisphere. It is further the 
     policy of the United States to ensure that humanitarian and 
     development assistance funding aimed at reducing illegal 
     immigration is not expended on programs that have not proven 
     to reduce illegal immigrant flows in the aggregate.

     SEC. 1402. NEGOTIATIONS BY SECRETARY OF STATE.

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

     SEC. 1403. MANDATORY BRIEFINGS ON UNITED STATES EFFORTS TO 
                   ADDRESS THE BORDER CRISIS.

       (a) Briefing Required.--Not later than 90 days after the 
     date of the enactment of this Act, and not less frequently 
     than once every 90 days thereafter until the date described 
     in subsection (b), the Secretary of State, or the designee of 
     the Secretary of State, shall provide to the appropriate 
     congressional committees an in-person briefing on efforts 
     undertaken pursuant to the negotiation authority provided by 
     section 1402 to monitor, deter, and prevent illegal 
     immigration to the United States, including by entering into 
     agreements, accords, and memoranda of understanding with 
     foreign countries and by using United States foreign 
     assistance to stem the root causes of migration in the 
     Western Hemisphere.
       (b) Termination of Mandatory Briefing.--The date described 
     in this subsection is the date on which the Secretary of 
     State, in consultation with the heads of other relevant 
     Federal departments and agencies, determines and certifies to 
     the appropriate congressional committees that illegal 
     immigration flows have subsided to a manageable rate.
       (c) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means the Committee on Foreign Affairs of the House of 
     Representatives and the Committee on Foreign Relations of the 
     Senate.

            TITLE V--ENSURING UNITED FAMILIES AT THE BORDER

     SEC. 1501. CLARIFICATION OF STANDARDS FOR FAMILY DETENTION.

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

                    TITLE VI--PROTECTION OF CHILDREN

     SEC. 1601. FINDINGS.

       Congress makes the following findings:
       (1) Implementation of the provisions of the Trafficking 
     Victims Protection Reauthorization Act of 2008 that govern 
     unaccompanied alien children has incentivized multiple surges 
     of unaccompanied alien children arriving at the southwest 
     border in the years since the bill's enactment.
       (2) The provisions of the Trafficking Victims Protection 
     Reauthorization Act of 2008 that govern unaccompanied alien 
     children treat unaccompanied alien children from countries 
     that are contiguous to the United States disparately by 
     swiftly returning them to their home country absent 
     indications of trafficking or a credible fear of return, but 
     allowing for the release of unaccompanied alien children from 
     noncontiguous countries into the interior of the United 
     States, often to those individuals who paid to smuggle them 
     into the country in the first place.

[[Page S3057]]

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

     SEC. 1602. REPATRIATION OF UNACCOMPANIED ALIEN CHILDREN.

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

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

       (iii) in subparagraph (B)--

       (I) in the matter preceding clause (i), by striking ``(8 
     U.S.C. 1101 et seq.) may--'' and inserting ``(8 U.S.C. 1101 
     et seq.)--'';
       (II) in clause (i), by inserting before ``permit such child 
     to withdraw'' the following: ``may''; and
       (III) in clause (ii), by inserting before ``return such 
     child'' the following: ``shall''; and

       (B) in paragraph (5)(D)--
       (i) in the matter preceding clause (i), by striking ``, 
     except for an unaccompanied alien child from a contiguous 
     country subject to exceptions under subsection (a)(2),'' and 
     inserting ``who does not meet the criteria listed in 
     paragraph (2)(A)''; and
       (ii) in clause (i), by inserting before the semicolon at 
     the end the following: ``, which shall include a hearing 
     before an immigration judge not later than 14 days after 
     being screened under paragraph (4)'';
       (2) in subsection (b)--
       (A) in paragraph (2)--
       (i) in subparagraph (A), by inserting before the semicolon 
     the following: ``believed not to meet the criteria listed in 
     subsection (a)(2)(A)''; and
       (ii) in subparagraph (B), by inserting before the period 
     the following: ``and does not meet the criteria listed in 
     subsection (a)(2)(A)''; and
       (B) in paragraph (3), by striking ``an unaccompanied alien 
     child in custody shall'' and all that follows, and inserting 
     the following: ``an unaccompanied alien child in custody--
       ``(A) in the case of a child who does not meet the criteria 
     listed in subsection (a)(2)(A), shall transfer the custody of 
     such child to the Secretary of Health and Human Services not 
     later than 30 days after determining that such child is an 
     unaccompanied alien child who does not meet such criteria; or
       ``(B) in the case of a child who meets the criteria listed 
     in subsection (a)(2)(A), may transfer the custody of such 
     child to the Secretary of Health and Human Services after 
     determining that such child is an unaccompanied alien child 
     who meets such criteria.''; and
       (3) in subsection (c)--
       (A) in paragraph (3), by inserting at the end the 
     following:
       ``(D) Information about individuals with whom children are 
     placed.--
       ``(i) Information to be provided to homeland security.--
     Before placing a child with an individual, the Secretary of 
     Health and Human Services shall provide to the Secretary of 
     Homeland Security, regarding the individual with whom the 
     child will be placed, information on--

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

       ``(ii) Activities of the secretary of homeland security.--
     Not later than 30 days after receiving the information listed 
     in clause (i), the Secretary of Homeland Security, upon 
     determining that an individual with whom a child is placed is 
     unlawfully present in the United States and not in removal 
     proceedings pursuant to chapter 4 of title II of the 
     Immigration and Nationality Act (8 U.S.C. 1221 et seq.), 
     shall initiate such removal proceedings.''; and
       (B) in paragraph (5)--
       (i) by inserting after ``to the greatest extent 
     practicable'' the following: ``(at no expense to the 
     Government)''; and
       (ii) by striking ``have counsel to represent them'' and 
     inserting ``have access to counsel to represent them''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to any unaccompanied alien child (as such term is 
     defined in section 462(g) of the Homeland Security Act of 
     2002 (6 U.S.C. 279(g))) apprehended on or after the date that 
     is 30 days after the date of the enactment of this Act.

     SEC. 1603. SPECIAL IMMIGRANT JUVENILE STATUS FOR IMMIGRANTS 
                   UNABLE TO REUNITE WITH EITHER PARENT.

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

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

     SEC. 1604. RULE OF CONSTRUCTION.

       Nothing in this title shall be construed to limit the 
     following procedures or practices relating to an 
     unaccompanied alien child (as defined in section 462(g)(2) of 
     the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))):
       (1) Screening of such a child for a credible fear of return 
     to his or her country of origin.
       (2) Screening of such a child to determine whether he or 
     she was a victim of trafficking.
       (3) Department of Health and Human Services policy in 
     effect on the date of the enactment of this Act requiring a 
     home study for such a child if he or she is under 12 years of 
     age.

                  TITLE VII--VISA OVERSTAYS PENALTIES

     SEC. 1701. EXPANDED PENALTIES FOR ILLEGAL ENTRY OR PRESENCE.

       Section 275 of the Immigration and Nationality Act (8 
     U.S.C. 1325) is amended--
       (1) in subsection (a) by inserting after ``for a subsequent 
     commission of any such offense'' the following: ``or if the 
     alien was previously convicted of an offense under subsection 
     (e)(2)(A)'';
       (2) in subsection (b)--
       (A) in paragraph (1), by striking ``at least $50 and not 
     more than $250'' and inserting ``not less than $500 and not 
     more than $1,000''; and

[[Page S3058]]

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

                 TITLE VIII--IMMIGRATION PAROLE REFORM

     SEC. 1801. IMMIGRATION PAROLE REFORM.

       Section 212(d)(5) of the Immigration and Nationality Act (8 
     U.S.C. 1182(d)(5)) is amended to read as follows:
       ``(5)(A) Except as provided in subparagraphs (B) and (C) 
     and section 214(f), the Secretary of Homeland Security, in 
     the discretion of the Secretary, may temporarily parole into 
     the United States any alien applying for admission to the 
     United States who is not present in the United States, under 
     such conditions as the Secretary may prescribe, on a case-by-
     case basis, and not according to eligibility criteria 
     describing an entire class of potential parole recipients, 
     for urgent humanitarian reasons or significant public 
     benefit. Parole granted under this subparagraph may not be 
     regarded as an admission of the alien. When the purposes of 
     such parole have been served in the opinion of the Secretary, 
     the alien shall immediately return or be returned to the 
     custody from which the alien was paroled. After such return, 
     the case of the alien shall be dealt with in the same manner 
     as the case of any other applicant for admission to the 
     United States.
       ``(B) The Secretary of Homeland Security may grant parole 
     to any alien who--
       ``(i) is present in the United States without lawful 
     immigration status;
       ``(ii) is the beneficiary of an approved petition under 
     section 203(a);
       ``(iii) is not otherwise inadmissible or removable; and
       ``(iv) is the spouse or child of a member of the Armed 
     Forces serving on active duty.
       ``(C) The Secretary of Homeland Security may grant parole 
     to any alien--
       ``(i) who is a national of the Republic of Cuba and is 
     living in the Republic of Cuba;
       ``(ii) who is the beneficiary of an approved petition under 
     section 203(a);
       ``(iii) for whom an immigrant visa is not immediately 
     available;
       ``(iv) who meets all eligibility requirements for an 
     immigrant visa;
       ``(v) who is not otherwise inadmissible; and
       ``(vi) who is receiving a grant of parole in furtherance of 
     the commitment of the United States to the minimum level of 
     annual legal migration of Cuban nationals to the United 
     States specified in the U.S.-Cuba Joint Communique on 
     Migration, done at New York September 9, 1994, and reaffirmed 
     in the Cuba-United States: Joint Statement on Normalization 
     of Migration, Building on the Agreement of September 9, 1994, 
     done at New York May 2, 1995.
       ``(D) The Secretary of Homeland Security may grant parole 
     to an alien who is returned to a contiguous country under 
     section 235(b)(3) to allow the alien to attend the alien's 
     immigration hearing. The grant of parole shall not exceed the 
     time required for the alien to be escorted to, and attend, 
     the alien's immigration hearing scheduled on the same 
     calendar day as the grant, and to immediately thereafter be 
     escorted back to the contiguous country. A grant of parole 
     under this subparagraph shall not be considered for purposes 
     of determining whether the alien is inadmissible under this 
     Act.
       ``(E) For purposes of determining an alien's eligibility 
     for parole under subparagraph (A), an urgent humanitarian 
     reason shall be limited to circumstances in which the alien 
     establishes that--
       ``(i)(I) the alien has a medical emergency; and
       ``(II)(aa) the alien cannot obtain necessary treatment in 
     the foreign state in which the alien is residing; or
       ``(bb) the medical emergency is life threatening and there 
     is insufficient time for the alien to be admitted to the 
     United States through the normal visa process;
       ``(ii) the alien is the parent or legal guardian of an 
     alien described in clause (i) and the alien described in 
     clause (i) is a minor;
       ``(iii) the alien is needed in the United States in order 
     to donate an organ or other tissue for transplant and there 
     is insufficient time for the alien to be admitted to the 
     United States through the normal visa process;
       ``(iv) the alien has a close family member in the United 
     States whose death is imminent and the alien could not arrive 
     in the United States in time to see such family member alive 
     if the alien were to be admitted to the United States through 
     the normal visa process;
       ``(v) the alien is seeking to attend the funeral of a close 
     family member and the alien could not arrive in the United 
     States in time to attend such funeral if the alien were to be 
     admitted to the United States through the normal visa 
     process;
       ``(vi) the alien is an adopted child with an urgent medical 
     condition who is in the legal custody of the petitioner for a 
     final adoption-related visa and whose medical treatment is 
     required before the expected award of a final adoption-
     related visa; or
       ``(vii) the alien is a lawful applicant for adjustment of 
     status under section 245 and is returning to the United 
     States after temporary travel abroad.
       ``(F) For purposes of determining an alien's eligibility 
     for parole under subparagraph (A), a significant public 
     benefit may be determined to result from the parole of an 
     alien only if--
       ``(i) the alien has assisted (or will assist, whether 
     knowingly or not) the United States Government in a law 
     enforcement matter;
       ``(ii) the alien's presence is required by the Government 
     in furtherance of such law enforcement matter; and
       ``(iii) the alien is inadmissible, does not satisfy the 
     eligibility requirements for admission as a nonimmigrant, or 
     there is insufficient time for the alien to be admitted to 
     the United States through the normal visa process.
       ``(G) For purposes of determining an alien's eligibility 
     for parole under subparagraph (A), the term `case-by-case 
     basis' means that the facts in each individual case are 
     considered and parole is not granted based on membership in a 
     defined class of aliens to be granted parole. The fact that 
     aliens are considered for or granted parole one by one and 
     not as a group is not sufficient to establish that the parole 
     decision is made on a `case-by-case basis'.
       ``(H) The Secretary of Homeland Security may not use the 
     parole authority under this paragraph to parole an alien into 
     the United States for any reason or purpose other than those 
     described in subparagraphs (B), (C), (D), (E), and (F).
       ``(I) An alien granted parole may not accept employment, 
     except that an alien granted parole pursuant to subparagraph 
     (B) or (C) is authorized to accept employment for the 
     duration of the parole, as evidenced by an employment 
     authorization document issued by the Secretary of Homeland 
     Security.
       ``(J) Parole granted after a departure from the United 
     States shall not be regarded as an admission of the alien. An 
     alien granted parole, whether as an initial grant of parole 
     or parole upon reentry into the United States, is not 
     eligible to adjust status to lawful permanent residence or 
     for any other immigration benefit if the immigration status 
     the alien had at the time of departure did not authorize the 
     alien to adjust status or to be eligible for such benefit.
       ``(K)(i) Except as provided in clauses (ii) and (iii), 
     parole shall be granted to an alien under this paragraph for 
     the shorter of--
       ``(I) a period of sufficient length to accomplish the 
     activity described in subparagraph (D), (E), or (F) for which 
     the alien was granted parole; or
       ``(II) 1 year.
       ``(ii) Grants of parole pursuant to subparagraph (A) may be 
     extended once, in the discretion of the Secretary, for an 
     additional period that is the shorter of--
       ``(I) the period that is necessary to accomplish the 
     activity described in subparagraph (E) or (F) for which the 
     alien was granted parole; or
       ``(II) 1 year.
       ``(iii) Aliens who have a pending application to adjust 
     status to permanent residence under section 245 may request 
     extensions of parole under this paragraph, in 1-year 
     increments, until the application for adjustment has been 
     adjudicated. Such parole shall terminate immediately upon the 
     denial of such adjustment application.
       ``(L) Not later than 90 days after the last day of each 
     fiscal year, the Secretary of Homeland Security shall submit 
     to the Committee on the Judiciary of the Senate and the 
     Committee on the Judiciary of the House of Representatives 
     and make available to the public, a report--
       ``(i) identifying the total number of aliens paroled into 
     the United States under this paragraph during the previous 
     fiscal year; and
       ``(ii) containing information and data regarding all aliens 
     paroled during such fiscal year, including--
       ``(I) the duration of parole;
       ``(II) the type of parole; and
       ``(III) the current status of the aliens so paroled.''.

     SEC. 1802. IMPLEMENTATION.

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

[[Page S3059]]

       (b) Exceptions.--Notwithstanding subsection (a), each of 
     the following exceptions apply:
       (1) Any application for parole or advance parole filed by 
     an alien before the date of the enactment of this Act shall 
     be adjudicated under the law that was in effect on the date 
     on which the application was properly filed and any approved 
     advance parole shall remain valid under the law that was in 
     effect on the date on which the advance parole was approved.
       (2) Section 212(d)(5)(J) of the Immigration and Nationality 
     Act, as added by section 1801, shall take effect on the date 
     of the enactment of this Act.
       (3) Aliens who were paroled into the United States pursuant 
     to section 212(d)(5)(A) of the Immigration and Nationality 
     Act (8 U.S.C. 1182(d)(5)(A)) before January 1, 2023, shall 
     continue to be subject to the terms of parole that were in 
     effect on the date on which their respective parole was 
     approved.

     SEC. 1803. CAUSE OF ACTION.

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

     SEC. 1804. SEVERABILITY.

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

                       TITLE IX--LEGAL WORKFORCE

     SEC. 1901. EMPLOYMENT ELIGIBILITY VERIFICATION PROCESS.

       (a) In General.--Section 274A(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1324a(b)) is amended to read as 
     follows:
       ``(b) Employment Eligibility Verification Process.--
       ``(1) New hires, recruitment, and referral.--The 
     requirements referred to in paragraphs (1)(B) and (3) of 
     subsection (a) are, in the case of a person or other entity 
     hiring, recruiting, or referring an individual for employment 
     in the United States, the following:
       ``(A) Attestation after examination of documentation.--
       ``(i) Attestation.--During the verification period (as 
     defined in subparagraph (E)), the person or entity shall 
     attest, under penalty of perjury and on a form, including 
     electronic format, designated or established by the Secretary 
     by regulation not later than 6 months after the date of the 
     enactment of the Secure the Border Act of 2024, that it has 
     verified that the individual is not an unauthorized alien 
     by--

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

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

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

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

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

       ``(v) Authority to prohibit use of certain documents.--If 
     the Secretary of Homeland Security finds, by regulation, that 
     any document described in clause (i), (ii), or (iii) as 
     establishing employment authorization or identity does not 
     reliably establish such authorization or identity or is being 
     used fraudulently to an unacceptable degree, the Secretary 
     may prohibit or place conditions on its use for purposes of 
     this paragraph.
       ``(vi) Signature.--Such attestation may be manifested by 
     either a handwritten or electronic signature.
       ``(B) Individual attestation of employment authorization.--
     During the verification period (as defined in subparagraph 
     (E)), the individual shall attest, under penalty of perjury 
     on the form designated or established for purposes of 
     subparagraph (A), that the individual is a citizen or 
     national of the United States, an alien lawfully admitted for 
     permanent residence, or an alien who is authorized under this 
     Act or by the Secretary of Homeland Security to be hired, 
     recruited, or referred for such employment. Such attestation 
     may be manifested by either a handwritten or electronic 
     signature. The individual shall also provide that 
     individual's social security account number or United States 
     passport number (if the individual claims to have been issued 
     such a number), and, if the individual does not attest to 
     United States nationality under this subparagraph, such 
     identification or authorization number established by the 
     Department of Homeland Security for the alien as the 
     Secretary may specify.
       ``(C) Retention of verification form and verification.--
       ``(i) In general.--After completion of such form in 
     accordance with subparagraphs (A) and (B), the person or 
     entity shall--

       ``(I) retain a paper or electronic version of the form and 
     make it available for inspection by officers of the 
     Department of Homeland Security, the Department of Justice, 
     or the Department of Labor during a period beginning on the 
     date of the recruiting or referral of the individual, or, in 
     the case of the hiring of an individual, the date on which 
     the verification is completed, and ending--

       ``(aa) in the case of the recruiting or referral of an 
     individual, 3 years after the date of the recruiting or 
     referral; and
       ``(bb) in the case of the hiring of an individual, the 
     later of 3 years after the date the verification is completed 
     or one year after the date the individual's employment is 
     terminated; and

       ``(II) during the verification period (as defined in 
     subparagraph (E)), make an inquiry, as provided in subsection 
     (d), using the verification system to seek verification of 
     the identity and employment eligibility of an individual.

       ``(ii) Confirmation.--

       ``(I) Confirmation received.--If the person or other entity 
     receives an appropriate confirmation of an individual's 
     identity and work eligibility under the verification system 
     within the time period specified, the person or entity shall 
     record on the form an appropriate code that is provided under 
     the system and that indicates a final confirmation of such 
     identity and work eligibility of the individual.
       ``(II) Tentative nonconfirmation received.--If the person 
     or other entity receives a tentative nonconfirmation of an 
     individual's identity or work eligibility under the 
     verification system within the time period specified, the 
     person or entity shall so inform the individual for whom the 
     verification is sought. If the individual does not contest 
     the nonconfirmation within the time period specified, the 
     nonconfirmation shall be considered final. The person or 
     entity shall then record on the form an appropriate code 
     which has been provided under the system to indicate a final 
     nonconfirmation. If the individual does contest the 
     nonconfirmation, the individual shall utilize the process for 
     secondary verification provided under subsection (d). The 
     nonconfirmation will remain tentative until a final 
     confirmation or nonconfirmation is provided by the 
     verification system within the time period specified. In no 
     case shall an employer terminate employment of an individual 
     because of a failure of the individual to have identity and 
     work eligibility confirmed under this section until a 
     nonconfirmation becomes final. Nothing in this clause shall 
     apply to a termination of employment for any reason other 
     than because of such a failure. In no case shall an employer 
     rescind the offer of

[[Page S3060]]

     employment to an individual because of a failure of the 
     individual to have identity and work eligibility confirmed 
     under this subsection until a nonconfirmation becomes final. 
     Nothing in this subclause shall apply to a rescission of the 
     offer of employment for any reason other than because of such 
     a failure.
       ``(III) Final confirmation or nonconfirmation received.--If 
     a final confirmation or nonconfirmation is provided by the 
     verification system regarding an individual, the person or 
     entity shall record on the form an appropriate code that is 
     provided under the system and that indicates a confirmation 
     or nonconfirmation of identity and work eligibility of the 
     individual.
       ``(IV) Extension of time.--If the person or other entity in 
     good faith attempts to make an inquiry during the time period 
     specified and the verification system has registered that not 
     all inquiries were received during such time, the person or 
     entity may make an inquiry in the first subsequent working 
     day in which the verification system registers that it has 
     received all inquiries. If the verification system cannot 
     receive inquiries at all times during a day, the person or 
     entity merely has to assert that the entity attempted to make 
     the inquiry on that day for the previous sentence to apply to 
     such an inquiry, and does not have to provide any additional 
     proof concerning such inquiry.
       ``(V) Consequences of nonconfirmation.--

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

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

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

       ``(I) With respect to employers having 10,000 or more 
     employees in the United States on the date of the enactment 
     of the Secure the Border Act of 2024, on the date that is 6 
     months after the date of the enactment of title.
       ``(II) With respect to employers having 500 or more 
     employees in the United States, but less than 10,000 
     employees in the United States, on the date of the enactment 
     of the Secure the Border Act of 2024, on the date that is 12 
     months after the date of the enactment of such title.
       ``(III) With respect to employers having 20 or more 
     employees in the United States, but less than 500 employees 
     in the United States, on the date of the enactment of the 
     Secure the Border Act of 2024, on the date that is 18 months 
     after the date of the enactment of such title.
       ``(IV) With respect to employers having one or more 
     employees in the United States, but less than 20 employees in 
     the United States, on the date of the enactment of the Secure 
     the Border Act of 2024, on the date that is 24 months after 
     the date of the enactment of such title.

       ``(ii) Recruiting and referring.--Except as provided in 
     clause (iii), the provisions of this paragraph shall apply to 
     a person or other entity recruiting or referring an 
     individual for employment in the United States on the date 
     that is 12 months after the date of the enactment of the 
     Secure the Border Act of 2024.
       ``(iii) Agricultural labor or services.--With respect to an 
     employee performing agricultural labor or services, this 
     paragraph shall not apply with respect to the verification of 
     the employee until the date that is 36 months after the date 
     of the enactment of the Secure the Border Act of 2024. For 
     purposes of the preceding sentence, the term `agricultural 
     labor or services' has the meaning given such term by the 
     Secretary of Agriculture in regulations and includes 
     agricultural labor as defined in section 3121(g) of the 
     Internal Revenue Code of 1986, agriculture as defined in 
     section 3(f) of the Fair Labor Standards Act of 1938 (29 
     U.S.C. 203(f)), the handling, planting, drying, packing, 
     packaging, processing, freezing, or grading prior to delivery 
     for storage of any agricultural or horticultural commodity in 
     its unmanufactured state, all activities required for the 
     preparation, processing or manufacturing of a product of 
     agriculture (as such term is defined in such section 3(f)) 
     for further distribution, and activities similar to all the 
     foregoing as they relate to fish or shellfish facilities. An 
     employee described in this clause shall not be counted for 
     purposes of clause (i).
       ``(iv) Extensions.--

       ``(I) On request.--Upon request by an employer having 50 or 
     fewer employees, the Secretary shall allow a one-time 6-month 
     extension of the effective date set out in this subparagraph 
     applicable to such employer. Such request shall be made to 
     the Secretary and shall be made prior to such effective date.
       ``(II) Following report.--If the study under section 1914 
     of the Secure the Border Act of 2024 has been submitted in 
     accordance with such section, the Secretary of Homeland 
     Security may extend the effective date set out in clause 
     (iii) on a one-time basis for 12 months.

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

       ``(I) This subsection, as in effect before the enactment of 
     the Secure the Border Act of 2024.
       ``(II) Subtitle A of title IV of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1324a note), as in effect before the effective date in 
     section 1907(c) of the Secure the Border Act of 2024.
       ``(III) Any other provision of Federal law requiring the 
     person or entity to participate in the E-Verify Program 
     described in section 403(a) of the Illegal Immigration Reform 
     and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 
     note), as in effect before the effective date in section 
     1907(c) of the Secure the Border Act of 2024, including 
     Executive Order 13465 (8 U.S.C. 1324a note; relating to 
     Government procurement).

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

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

       ``(ii) Job offer may be conditional.--A person or other 
     entity may offer a prospective employee an employment 
     position that is conditioned on final verification of the 
     identity and employment eligibility of the employee using the 
     procedures established under this paragraph.
       ``(iii) Special rule.--Notwithstanding clause (i)(II), in 
     the case of an alien who is authorized for employment and who 
     provides evidence from the Social Security Administration 
     that the alien has applied for a social security account 
     number, the verification period ends three business days 
     after the alien receives the social security account number.
       ``(2) Reverification for individuals with limited work 
     authorization.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     a person or entity shall make an inquiry, as provided in 
     subsection (d), using the verification system to seek 
     reverification of the identity and employment eligibility of 
     all individuals with a limited period of work authorization 
     employed by the person or entity during the three business 
     days after the date on which the employee's work 
     authorization expires as follows:
       ``(i) With respect to employers having 10,000 or more 
     employees in the United States on the date of the enactment 
     of the Secure the Border Act of 2024, beginning on the date 
     that is 6 months after the date of the enactment of such 
     title.
       ``(ii) With respect to employers having 500 or more 
     employees in the United States, but less than 10,000 
     employees in the United States, on the date of the enactment 
     of the Secure the Border Act of 2024, beginning on the date 
     that is 12 months after the date of the enactment of such 
     title.
       ``(iii) With respect to employers having 20 or more 
     employees in the United States, but less than 500 employees 
     in the United States, on the date of the enactment of the 
     Secure the Border Act of 2024, beginning on the date that is 
     18 months after the date of the enactment of such title.
       ``(iv) With respect to employers having one or more 
     employees in the United States, but less than 20 employees in 
     the United States, on the date of the enactment of the Secure 
     the Border Act of 2024, beginning on the date that is 24 
     months after the date of the enactment of such title.
       ``(B) Agricultural labor or services.--With respect to an 
     employee performing agricultural labor or services, or an 
     employee recruited or referred by a farm labor contractor (as 
     defined in section 3 of the Migrant and Seasonal Agricultural 
     Worker Protection Act (29 U.S.C. 1801)), subparagraph (A) 
     shall not apply with respect to the reverification of the 
     employee until the date that is 36 months after the date of 
     the enactment of the Secure the Border Act of 2024. For 
     purposes of the preceding sentence, the term `agricultural 
     labor or services' has the meaning given such term by the 
     Secretary of Agriculture in regulations and includes 
     agricultural labor as defined in section 3121(g) of the 
     Internal Revenue Code of 1986, agriculture as defined in 
     section 3(f) of the Fair Labor Standards Act of 1938 (29 
     U.S.C. 203(f)), the handling, planting, drying, packing, 
     packaging, processing, freezing, or grading

[[Page S3061]]

     prior to delivery for storage of any agricultural or 
     horticultural commodity in its unmanufactured state, all 
     activities required for the preparation, processing, or 
     manufacturing of a product of agriculture (as such term is 
     defined in such section 3(f)) for further distribution, and 
     activities similar to all the foregoing as they relate to 
     fish or shellfish facilities. An employee described in this 
     subparagraph shall not be counted for purposes of 
     subparagraph (A).
       ``(C) Reverification.--Paragraph (1)(C)(ii) shall apply to 
     reverifications pursuant to this paragraph on the same basis 
     as it applies to verifications pursuant to paragraph (1), 
     except that employers shall--
       ``(i) use a form designated or established by the Secretary 
     by regulation for purposes of this paragraph; and
       ``(ii) retain a paper or electronic version of the form and 
     make it available for inspection by officers of the 
     Department of Homeland Security, the Department of Justice, 
     or the Department of Labor during the period beginning on the 
     date the reverification commences and ending on the date that 
     is the later of 3 years after the date of such reverification 
     or 1 year after the date the individual's employment is 
     terminated.
       ``(3) Previously hired individuals.--
       ``(A) On a mandatory basis for certain employees.--
       ``(i) In general.--Not later than the date that is 6 months 
     after the date of the enactment of the Secure the Border Act 
     of 2024, an employer shall make an inquiry, as provided in 
     subsection (d), using the verification system to seek 
     verification of the identity and employment eligibility of 
     any individual described in clause (ii) employed by the 
     employer whose employment eligibility has not been verified 
     under the E-Verify Program described in section 403(a) of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996 (8 U.S.C. 1324a note).
       ``(ii) Individuals described.--An individual described in 
     this clause is any of the following:

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

       ``(aa) is not applicable to individuals who have a 
     clearance under Homeland Security Presidential Directive 12 
     (HSPD 12 clearance), are administrative or overhead 
     personnel, or are working solely on contracts that provide 
     Commercial Off The Shelf goods or services as set forth by 
     the Federal Acquisition Regulatory Council, unless they are 
     subject to verification under subclause (II); and
       ``(bb) only applies to contracts over the simple 
     acquisition threshold as defined in section 2.101 of title 
     48, Code of Federal Regulations.
       ``(B) On a mandatory basis for multiple users of same 
     social security account number.--In the case of an employer 
     who is required by this subsection to use the verification 
     system described in subsection (d), or has elected 
     voluntarily to use such system, the employer shall make 
     inquiries to the system in accordance with the following:
       ``(i) The Commissioner of Social Security shall notify 
     annually employees (at the employee address listed on the 
     Wage and Tax Statement) who submit a social security account 
     number to which more than one employer reports income and for 
     which there is a pattern of unusual multiple use. The 
     notification letter shall identify the number of employers to 
     which income is being reported as well as sufficient 
     information notifying the employee of the process to contact 
     the Social Security Administration Fraud Hotline if the 
     employee believes the employee's identity may have been 
     stolen. The notice shall not share information protected as 
     private, in order to avoid any recipient of the notice from 
     being in the position to further commit or begin committing 
     identity theft.
       ``(ii) If the person to whom the social security account 
     number was issued by the Social Security Administration has 
     been identified and confirmed by the Commissioner, and 
     indicates that the social security account number was used 
     without their knowledge, the Secretary and the Commissioner 
     shall lock the social security account number for employment 
     eligibility verification purposes and shall notify the 
     employers of the individuals who wrongfully submitted the 
     social security account number that the employee may not be 
     work eligible.
       ``(iii) Each employer receiving such notification of an 
     incorrect social security account number under clause (ii) 
     shall use the verification system described in subsection (d) 
     to check the work eligibility status of the applicable 
     employee within 10 business days of receipt of the 
     notification.
       ``(C) On a voluntary basis.--Subject to paragraph (2), and 
     subparagraphs (A) through (C) of this paragraph, beginning on 
     the date that is 30 days after the date of the enactment of 
     the Secure the Border Act of 2024, an employer may make an 
     inquiry, as provided in subsection (d), using the 
     verification system to seek verification of the identity and 
     employment eligibility of any individual employed by the 
     employer. If an employer chooses voluntarily to seek 
     verification of any individual employed by the employer, the 
     employer shall seek verification of all individuals employed 
     at the same geographic location or, at the option of the 
     employer, all individuals employed within the same job 
     category, as the employee with respect to whom the employer 
     seeks voluntarily to use the verification system. An 
     employer's decision about whether or not voluntarily to seek 
     verification of its current workforce under this subparagraph 
     may not be considered by any government agency in any 
     proceeding, investigation, or review provided for in this 
     Act.
       ``(D) Verification.--Paragraph (1)(C)(ii) shall apply to 
     verifications pursuant to this paragraph on the same basis as 
     it applies to verifications pursuant to paragraph (1), except 
     that employers shall--
       ``(i) use a form designated or established by the Secretary 
     by regulation for purposes of this paragraph; and
       ``(ii) retain a paper or electronic version of the form and 
     make it available for inspection by officers of the 
     Department of Homeland Security, the Department of Justice, 
     or the Department of Labor during the period beginning on the 
     date the verification commences and ending on the date that 
     is the later of 3 years after the date of such verification 
     or 1 year after the date the individual's employment is 
     terminated.
       ``(4) Early compliance.--
       ``(A) Former e-verify required users, including federal 
     contractors.--Notwithstanding the deadlines in paragraphs (1) 
     and (2), beginning on the date of the enactment of the Secure 
     the Border Act of 2024, the Secretary is authorized to 
     commence requiring employers required to participate in the 
     E-Verify Program described in section 403(a) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1324a note), including employers required to 
     participate in such program by reason of Federal acquisition 
     laws (and regulations promulgated under those laws, including 
     the Federal Acquisition Regulation), to commence compliance 
     with the requirements of this subsection (and any additional 
     requirements of such Federal acquisition laws and regulation) 
     in lieu of any requirement to participate in the E-Verify 
     Program.
       ``(B) Former e-verify voluntary users and others desiring 
     early compliance.--Notwithstanding the deadlines in 
     paragraphs (1) and (2), beginning on the date of the 
     enactment of the Secure the Border Act of 2024, the Secretary 
     shall provide for the voluntary compliance with the 
     requirements of this subsection by employers voluntarily 
     electing to participate in the E-Verify Program described in 
     section 403(a) of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) 
     before such date, as well as by other employers seeking 
     voluntary early compliance.
       ``(5) Copying of documentation permitted.--Notwithstanding 
     any other provision of law, the person or entity may copy a 
     document presented by an individual pursuant to this 
     subsection and may retain the copy, but only (except as 
     otherwise permitted under law) for the purpose of complying 
     with the requirements of this subsection.
       ``(6) Limitation on use of forms.--A form designated or 
     established by the Secretary of Homeland Security under this 
     subsection and any information contained in or appended to 
     such form, may not be used for purposes other than for 
     enforcement of this Act and any other provision of Federal 
     criminal law.
       ``(7) Good faith compliance.--
       ``(A) In general.--Except as otherwise provided in this 
     subsection, a person or entity is considered to have complied 
     with a requirement of this subsection notwithstanding a 
     technical or procedural failure to meet such requirement if 
     there was a good faith attempt to comply with the 
     requirement.
       ``(B) Exception if failure to correct after notice.--
     Subparagraph (A) shall not apply if--
       ``(i) the failure is not de minimus;
       ``(ii) the Secretary of Homeland Security has explained to 
     the person or entity the basis for the failure and why it is 
     not de minimus;
       ``(iii) the person or entity has been provided a period of 
     not less than 30 calendar days (beginning after the date of 
     the explanation) within which to correct the failure; and
       ``(iv) the person or entity has not corrected the failure 
     voluntarily within such period.
       ``(C) Exception for pattern or practice violators.--
     Subparagraph (A) shall not apply to a person or entity that 
     has engaged or is engaging in a pattern or practice of 
     violations of subsection (a)(1)(A) or (a)(2).
       ``(8) Single extension of deadlines upon certification.--In 
     a case in which the Secretary of Homeland Security has 
     certified to the Congress that the employment eligibility 
     verification system required under subsection (d) will not be 
     fully operational by the date that is 6 months after the date 
     of the enactment of the Secure the Border Act of 2024, each 
     deadline established under this section for an employer to 
     make an inquiry using such system shall be extended by 6 
     months. No other extension of such a deadline shall be made 
     except as authorized under paragraph (1)(D)(iv).''.
       (b) Date of Hire.--Section 274A(h) of the Immigration and 
     Nationality Act (8 U.S.C. 1324a(h)) is amended by adding at 
     the end the following:
       ``(4) Definition of date of hire.--As used in this section, 
     the term `date of hire' means

[[Page S3062]]

     the date of actual commencement of employment for wages or 
     other remuneration, unless otherwise specified.''.

     SEC. 1902. EMPLOYMENT ELIGIBILITY VERIFICATION SYSTEM.

       Section 274A(d) of the Immigration and Nationality Act (8 
     U.S.C. 1324a(d)) is amended to read as follows:
       ``(d) Employment Eligibility Verification System.--
       ``(1) In general.--Patterned on the employment eligibility 
     confirmation system established under section 404 of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996 (8 U.S.C. 1324a note), the Secretary of Homeland 
     Security shall establish and administer a verification system 
     through which the Secretary (or a designee of the Secretary, 
     which may be a nongovernmental entity)--
       ``(A) responds to inquiries made by persons at any time 
     through a toll-free electronic media concerning an 
     individual's identity and whether the individual is 
     authorized to be employed; and
       ``(B) maintains records of the inquiries that were made, of 
     verifications provided (or not provided), and of the codes 
     provided to inquirers as evidence of their compliance with 
     their obligations under this section.
       ``(2) Initial response.--The verification system shall 
     provide confirmation or a tentative nonconfirmation of an 
     individual's identity and employment eligibility within 3 
     working days of the initial inquiry. If providing 
     confirmation or tentative nonconfirmation, the verification 
     system shall provide an appropriate code indicating such 
     confirmation or such nonconfirmation.
       ``(3) Secondary confirmation process in case of tentative 
     nonconfirmation.--In cases of tentative nonconfirmation, the 
     Secretary shall specify, in consultation with the 
     Commissioner of Social Security, an available secondary 
     verification process to confirm the validity of information 
     provided and to provide a final confirmation or 
     nonconfirmation not later than 10 working days after the date 
     on which the notice of the tentative nonconfirmation is 
     received by the employee. The Secretary, in consultation with 
     the Commissioner, may extend this deadline once on a case-by-
     case basis for a period of 10 working days, and if the time 
     is extended, shall document such extension within the 
     verification system. The Secretary, in consultation with the 
     Commissioner, shall notify the employee and employer of such 
     extension. The Secretary, in consultation with the 
     Commissioner, shall create a standard process of such 
     extension and notification and shall make a description of 
     such process available to the public. When final confirmation 
     or nonconfirmation is provided, the verification system shall 
     provide an appropriate code indicating such confirmation or 
     nonconfirmation.
       ``(4) Design and operation of system.--The verification 
     system shall be designed and operated--
       ``(A) to maximize its reliability and ease of use by 
     persons and other entities consistent with insulating and 
     protecting the privacy and security of the underlying 
     information;
       ``(B) to respond to all inquiries made by such persons and 
     entities on whether individuals are authorized to be employed 
     and to register all times when such inquiries are not 
     received;
       ``(C) with appropriate administrative, technical, and 
     physical safeguards to prevent unauthorized disclosure of 
     personal information;
       ``(D) to have reasonable safeguards against the system's 
     resulting in unlawful discriminatory practices based on 
     national origin or citizenship status, including--
       ``(i) the selective or unauthorized use of the system to 
     verify eligibility; or
       ``(ii) the exclusion of certain individuals from 
     consideration for employment as a result of a perceived 
     likelihood that additional verification will be required, 
     beyond what is required for most job applicants;
       ``(E) to maximize the prevention of identity theft use in 
     the system; and
       ``(F) to limit the subjects of verification to the 
     following individuals:
       ``(i) Individuals hired, referred, or recruited, in 
     accordance with paragraph (1) or (4) of subsection (b).
       ``(ii) Employees and prospective employees, in accordance 
     with paragraph (1), (2), (3), or (4) of subsection (b).
       ``(iii) Individuals seeking to confirm their own employment 
     eligibility on a voluntary basis.
       ``(5) Responsibilities of commissioner of social 
     security.--As part of the verification system, the 
     Commissioner of Social Security, in consultation with the 
     Secretary of Homeland Security (and any designee of the 
     Secretary selected to establish and administer the 
     verification system), shall establish a reliable, secure 
     method, which, within the time periods specified under 
     paragraphs (2) and (3), compares the name and social security 
     account number provided in an inquiry against such 
     information maintained by the Commissioner in order to 
     validate (or not validate) the information provided regarding 
     an individual whose identity and employment eligibility must 
     be confirmed, the correspondence of the name and number, and 
     whether the individual has presented a social security 
     account number that is not valid for employment. The 
     Commissioner shall not disclose or release social security 
     information (other than such confirmation or nonconfirmation) 
     under the verification system except as provided for in this 
     section or section 205(c)(2)(I) of the Social Security Act.
       ``(6) Responsibilities of secretary of homeland security.--
     As part of the verification system, the Secretary of Homeland 
     Security (in consultation with any designee of the Secretary 
     selected to establish and administer the verification 
     system), shall establish a reliable, secure method, which, 
     within the time periods specified under paragraphs (2) and 
     (3), compares the name and alien identification or 
     authorization number (or any other information as determined 
     relevant by the Secretary) which are provided in an inquiry 
     against such information maintained or accessed by the 
     Secretary in order to validate (or not validate) the 
     information provided, the correspondence of the name and 
     number, whether the alien is authorized to be employed in the 
     United States, or to the extent that the Secretary determines 
     to be feasible and appropriate, whether the records available 
     to the Secretary verify the identity or status of a national 
     of the United States.
       ``(7) Updating information.--The Commissioner of Social 
     Security and the Secretary of Homeland Security shall update 
     their information in a manner that promotes the maximum 
     accuracy and shall provide a process for the prompt 
     correction of erroneous information, including instances in 
     which it is brought to their attention in the secondary 
     verification process described in paragraph (3).
       ``(8) Limitation on use of the verification system and any 
     related systems.--
       ``(A) No national identification card.--Nothing in this 
     section shall be construed to authorize, directly or 
     indirectly, the issuance or use of national identification 
     cards or the establishment of a national identification card.
       ``(B) Critical infrastructure.--The Secretary may authorize 
     or direct any person or entity responsible for granting 
     access to, protecting, securing, operating, administering, or 
     regulating part of the critical infrastructure (as defined in 
     section 1016(e) of the Critical Infrastructure Protection Act 
     of 2001 (42 U.S.C. 5195c(e))) to use the verification system 
     to the extent the Secretary determines that such use will 
     assist in the protection of the critical infrastructure.
       ``(9) Remedies.--If an individual alleges that the 
     individual would not have been dismissed from a job or would 
     have been hired for a job but for an error of the 
     verification mechanism, the individual may seek compensation 
     only through the mechanism of the Federal Tort Claims Act, 
     and injunctive relief to correct such error. No class action 
     may be brought under this paragraph.''.

     SEC. 1903. RECRUITMENT, REFERRAL, AND CONTINUATION OF 
                   EMPLOYMENT.

       (a) Additional Changes to Rules for Recruitment, Referral, 
     and Continuation of Employment.--Section 274A(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1324a(a)) is 
     amended--
       (1) in paragraph (1)(A), by striking ``for a fee'';
       (2) in paragraph (1), by amending subparagraph (B) to read 
     as follows:
       ``(B) to hire, continue to employ, or to recruit or refer 
     for employment in the United States an individual without 
     complying with the requirements of subsection (b).''; and
       (3) in paragraph (2), by striking ``after hiring an alien 
     for employment in accordance with paragraph (1),'' and 
     inserting ``after complying with paragraph (1),''.
       (b) Definition.--Section 274A(h) of the Immigration and 
     Nationality Act (8 U.S.C. 1324a(h)), as amended by section 
     1901(b), is further amended by adding at the end the 
     following:
       ``(5) Definition of recruit or refer.--As used in this 
     section, the term `refer' means the act of sending or 
     directing a person who is in the United States or 
     transmitting documentation or information to another, 
     directly or indirectly, with the intent of obtaining 
     employment in the United States for such person. Only persons 
     or entities referring for remuneration (whether on a retainer 
     or contingency basis) are included in the definition, except 
     that union hiring halls that refer union members or nonunion 
     individuals who pay union membership dues are included in the 
     definition whether or not they receive remuneration, as are 
     labor service entities or labor service agencies, whether 
     public, private, for-profit, or nonprofit, that refer, 
     dispatch, or otherwise facilitate the hiring of laborers for 
     any period of time by a third party. As used in this section, 
     the term `recruit' means the act of soliciting a person who 
     is in the United States, directly or indirectly, and 
     referring the person to another with the intent of obtaining 
     employment for that person. Only persons or entities 
     referring for remuneration (whether on a retainer or 
     contingency basis) are included in the definition, except 
     that union hiring halls that refer union members or nonunion 
     individuals who pay union membership dues are included in 
     this definition whether or not they receive remuneration, as 
     are labor service entities or labor service agencies, whether 
     public, private, for-profit, or nonprofit that recruit, 
     dispatch, or otherwise facilitate the hiring of laborers for 
     any period of time by a third party.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date that is 1 year after the date 
     of the enactment of this Act, except that the amendments made 
     by subsection (a) shall take effect 6 months after the date 
     of the enactment of this Act insofar as such amendments 
     relate to continuation of employment.

[[Page S3063]]

  


     SEC. 1904. GOOD FAITH DEFENSE.

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

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

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

     SEC. 1905. PREEMPTION AND STATES' RIGHTS.

       Section 274A(h)(2) of the Immigration and Nationality Act 
     (8 U.S.C. 1324a(h)(2)) is amended to read as follows:
       ``(2) Preemption.--
       ``(A) Single, national policy.--The provisions of this 
     section preempt any State or local law, ordinance, policy, or 
     rule, including any criminal or civil fine or penalty 
     structure, insofar as they may now or hereafter relate to the 
     hiring, continued employment, or status verification for 
     employment eligibility purposes, of unauthorized aliens.
       ``(B) State enforcement of federal law.--
       ``(i) Business licensing.--A State, locality, municipality, 
     or political subdivision may exercise its authority over 
     business licensing and similar laws as a penalty for failure 
     to use the verification system described in subsection (d) to 
     verify employment eligibility when and as required under 
     subsection (b).
       ``(ii) General rules.--A State, at its own cost, may 
     enforce the provisions of this section, but only insofar as 
     such State follows the Federal regulations implementing this 
     section, applies the Federal penalty structure set out in 
     this section, and complies with all Federal rules and 
     guidance concerning implementation of this section. Such 
     State may collect any fines assessed under this section. An 
     employer may not be subject to enforcement, including audit 
     and investigation, by both a Federal agency and a State for 
     the same violation under this section. Whichever entity, the 
     Federal agency or the State, is first to initiate the 
     enforcement action, has the right of first refusal to proceed 
     with the enforcement action. The Secretary must provide 
     copies of all guidance, training, and field instructions 
     provided to Federal officials implementing the provisions of 
     this section to each State.''.

     SEC. 1906. REPEAL.

       (a) In General.--Subtitle A of title IV of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1324a note) is repealed.
       (b) References.--Any reference in any Federal law, 
     Executive order, rule, regulation, or delegation of 
     authority, or any document of, or pertaining to, the 
     Department of Homeland Security, Department of Justice, or 
     the Social Security Administration, to the employment 
     eligibility confirmation system established under section 404 
     of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1324a note) is deemed to 
     refer to the employment eligibility confirmation system 
     established under section 274A(d) of the Immigration and 
     Nationality Act, as amended by section 1902.
       (c) Effective Date.--This section shall take effect on the 
     date that is 30 months after the date of the enactment of 
     this Act.
       (d) Clerical Amendment.--The table of sections, in section 
     1(d) of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996, is amended by striking the items 
     relating to subtitle A of title IV.

     SEC. 1907. PENALTIES.

       Section 274A of the Immigration and Nationality Act (8 
     U.S.C. 1324a) is amended--
       (1) in subsection (e)(1)--
       (A) by striking ``Attorney General'' each place such term 
     appears and inserting ``Secretary of Homeland Security''; and
       (B) in subparagraph (D), by striking ``Service'' and 
     inserting ``Department of Homeland Security'';
       (2) in subsection (e)(4)--
       (A) in subparagraph (A), in the matter before clause (i), 
     by inserting ``, subject to paragraph (10),'' after ``in an 
     amount'';
       (B) in subparagraph (A)(i), by striking ``not less than 
     $250 and not more than $2,000'' and inserting ``not less than 
     $2,500 and not more than $5,000'';
       (C) in subparagraph (A)(ii), by striking ``not less than 
     $2,000 and not more than $5,000'' and inserting ``not less 
     than $5,000 and not more than $10,000'';
       (D) in subparagraph (A)(iii), by striking ``not less than 
     $3,000 and not more than $10,000'' and inserting ``not less 
     than $10,000 and not more than $25,000''; and
       (E) by moving the margin of the continuation text following 
     subparagraph (B) two ems to the left and by amending 
     subparagraph (B) to read as follows:
       ``(B) may require the person or entity to take such other 
     remedial action as is appropriate.'';
       (3) in subsection (e)(5)--
       (A) in the paragraph heading, strike ``paperwork'';
       (B) by inserting ``, subject to paragraphs (10) through 
     (12),'' after ``in an amount'';
       (C) by striking ``$100'' and inserting ``$1,000'';
       (D) by striking ``$1,000'' and inserting ``$25,000''; and
       (E) by adding at the end the following: ``Failure by a 
     person or entity to utilize the employment eligibility 
     verification system as required by law, or providing 
     information to the system that the person or entity knows or 
     reasonably believes to be false, shall be treated as a 
     violation of subsection (a)(1)(A).'';
       (4) by adding at the end of subsection (e) the following:
       ``(10) Exemption from penalty for good faith violation.--In 
     the case of imposition of a civil penalty under paragraph 
     (4)(A) with respect to a violation of subsection (a)(1)(A) or 
     (a)(2) for hiring or continuation of employment or 
     recruitment or referral by person or entity and in the case 
     of imposition of a civil penalty under paragraph (5) for a 
     violation of subsection (a)(1)(B) for hiring or recruitment 
     or referral by a person or entity, the penalty otherwise 
     imposed may be waived or reduced if the violator establishes 
     that the violator acted in good faith.
       ``(11) Mitigation element.--For purposes of paragraph (4), 
     the size of the business shall be taken into account when 
     assessing the level of civil money penalty.
       ``(12) Authority to debar employers for certain 
     violations.--
       ``(A) In general.--If a person or entity is determined by 
     the Secretary of Homeland Security to be a repeat violator of 
     paragraph (1)(A) or (2) of subsection (a), or is convicted of 
     a crime under this section, such person or entity may be 
     considered for debarment from the receipt of Federal 
     contracts, grants, or cooperative agreements in accordance 
     with the debarment standards and pursuant to the debarment 
     procedures set forth in the Federal Acquisition Regulation.
       ``(B) Does not have contract, grant, agreement.--If the 
     Secretary of Homeland Security or the Attorney General wishes 
     to have a person or entity considered for debarment in 
     accordance with this paragraph, and such a person or entity 
     does not hold a Federal contract, grant, or cooperative 
     agreement, the Secretary or Attorney General shall refer the 
     matter to the Administrator of General Services to determine 
     whether to list the person or entity on the List of Parties 
     Excluded from Federal Procurement, and if so, for what 
     duration and under what scope.
       ``(C) Has contract, grant, agreement.--If the Secretary of 
     Homeland Security or the Attorney General wishes to have a 
     person or entity considered for debarment in accordance with 
     this paragraph, and such person or entity holds a Federal 
     contract, grant, or cooperative agreement, the Secretary or 
     Attorney General shall advise all agencies or departments 
     holding a contract, grant, or cooperative agreement with the 
     person or entity of the Government's interest in having the 
     person or entity considered for debarment, and after 
     soliciting and considering the views of all such agencies and 
     departments, the Secretary or Attorney General may refer the 
     matter to any appropriate lead

[[Page S3064]]

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

     SEC. 1908. FRAUD AND MISUSE OF DOCUMENTS.

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

     SEC. 1909. PROTECTION OF SOCIAL SECURITY ADMINISTRATION 
                   PROGRAMS.

       (a) Funding Under Agreement.--Effective for fiscal years 
     beginning on or after October 1, 2023, the Commissioner of 
     Social Security and the Secretary of Homeland Security shall 
     enter into and maintain an agreement which shall--
       (1) provide funds to the Commissioner for the full costs of 
     the responsibilities of the Commissioner under section 
     274A(d) of the Immigration and Nationality Act (8 U.S.C. 
     1324a(d)), as amended by section 1902, including--
       (A) acquiring, installing, and maintaining technological 
     equipment and systems necessary for the fulfillment of the 
     responsibilities of the Commissioner under such section 
     274A(d), but only that portion of such costs that are 
     attributable exclusively to such responsibilities; and
       (B) responding to individuals who contest a tentative 
     nonconfirmation provided by the employment eligibility 
     verification system established under such section;
       (2) provide such funds annually in advance of the 
     applicable quarter based on estimating methodology agreed to 
     by the Commissioner and the Secretary (except in such 
     instances where the delayed enactment of an annual 
     appropriation may preclude such quarterly payments); and
       (3) require an annual accounting and reconciliation of the 
     actual costs incurred and the funds provided under the 
     agreement, which shall be reviewed by the Inspectors General 
     of the Social Security Administration and the Department of 
     Homeland Security.
       (b) Continuation of Employment Verification in Absence of 
     Timely Agreement.--In any case in which the agreement 
     required under subsection (a) for any fiscal year beginning 
     on or after October 1, 2023, has not been reached as of 
     October 1 of such fiscal year, the latest agreement between 
     the Commissioner and the Secretary of Homeland Security 
     providing for funding to cover the costs of the 
     responsibilities of the Commissioner under section 274A(d) of 
     the Immigration and Nationality Act (8 U.S.C. 1324a(d)) shall 
     be deemed in effect on an interim basis for such fiscal year 
     until such time as an agreement required under subsection (a) 
     is subsequently reached, except that the terms of such 
     interim agreement shall be modified by the Director of the 
     Office of Management and Budget to adjust for inflation and 
     any increase or decrease in the volume of requests under the 
     employment eligibility verification system. In any case in 
     which an interim agreement applies for any fiscal year under 
     this subsection, the Commissioner and the Secretary shall, 
     not later than October 1 of such fiscal year, notify the 
     Committee on Ways and Means, the Committee on the Judiciary, 
     and the Committee on Appropriations of the House of 
     Representatives and the Committee on Finance, the Committee 
     on the Judiciary, and the Committee on Appropriations of the 
     Senate of the failure to reach the agreement required under 
     subsection (a) for such fiscal year. Until such time as the 
     agreement required under subsection (a) has been reached for 
     such fiscal year, the Commissioner and the Secretary shall, 
     not later than the end of each 90-day period after October 1 
     of such fiscal year, notify such Committees of the status of 
     negotiations between the Commissioner and the Secretary in 
     order to reach such an agreement.

     SEC. 1910. FRAUD PREVENTION.

       (a) Blocking Misused Social Security Account Numbers.--The 
     Secretary of Homeland Security, in consultation with the 
     Commissioner of Social Security, shall establish a program in 
     which social security account numbers that have been 
     identified to be subject to unusual multiple use in the 
     employment eligibility verification system established under 
     section 274A(d) of the Immigration and Nationality Act (8 
     U.S.C. 1324a(d)), as amended by section 1902, or that are 
     otherwise suspected or determined to have been compromised by 
     identity fraud or other misuse, shall be blocked from use for 
     such system purposes unless the individual using such number 
     is able to establish, through secure and fair additional 
     security procedures, that the individual is the legitimate 
     holder of the number.
       (b) Allowing Suspension of Use of Certain Social Security 
     Account Numbers.--The Secretary of Homeland Security, in 
     consultation with the Commissioner of Social Security, shall 
     establish a program which shall provide a reliable, secure 
     method by which victims of identity fraud and other 
     individuals may suspend or limit the use of their social 
     security account number or other identifying information for 
     purposes of the employment eligibility verification system 
     established under section 274A(d) of the Immigration and 
     Nationality Act (8 U.S.C. 1324a(d)), as amended by section 
     1902. The Secretary may implement the program on a limited 
     pilot program basis before making it fully available to all 
     individuals.
       (c) Allowing Parents To Prevent Theft of Their Child's 
     Identity.--The Secretary of Homeland Security, in 
     consultation with the Commissioner of Social Security, shall 
     establish a program which shall provide a reliable, secure 
     method by which parents or legal guardians may suspend or 
     limit the use of the social security account number or other 
     identifying information of a minor under their care for the 
     purposes of the employment eligibility verification system 
     established under 274A(d) of the Immigration and Nationality 
     Act (8 U.S.C. 1324a(d)), as amended by section 1902. The 
     Secretary may implement the program on a limited pilot 
     program basis before making it fully available to all 
     individuals.

     SEC. 1911. USE OF EMPLOYMENT ELIGIBILITY VERIFICATION PHOTO 
                   TOOL.

       An employer who uses the photo matching tool used as part 
     of the E-Verify System shall match the photo tool photograph 
     to both the photograph on the identity or employment 
     eligibility document provided by the employee and to the face 
     of the employee submitting the document for employment 
     verification purposes.

     SEC. 1912. IDENTITY AUTHENTICATION EMPLOYMENT ELIGIBILITY 
                   VERIFICATION PILOT PROGRAMS.

       Not later than 24 months after the date of the enactment of 
     this Act, the Secretary of Homeland Security, after 
     consultation with the Commissioner of Social Security and the 
     Director of the National Institute of Standards and 
     Technology, shall establish by regulation not less than 2 
     Identity Authentication Employment Eligibility Verification 
     pilot programs, each using a separate and distinct technology 
     (the ``Authentication Pilots''). The purpose of the 
     Authentication Pilots shall be to provide for identity 
     authentication and employment eligibility verification with 
     respect to enrolled new employees which shall be available to 
     any employer that elects to participate in either of the 
     Authentication Pilots. Any participating employer may cancel 
     the employer's participation in the Authentication Pilot 
     after one year after electing to participate without 
     prejudice to future participation. The Secretary shall report 
     to the Committee on the Judiciary of the House of 
     Representatives and the Committee on the Judiciary of the 
     Senate the Secretary's findings on the Authentication Pilots, 
     including the authentication technologies chosen, not later 
     than 12 months after commencement of the Authentication 
     Pilots.

     SEC. 1913. INSPECTOR GENERAL AUDITS.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, the Inspector General of the 
     Social Security Administration shall complete audits of the 
     following categories in order to uncover evidence of 
     individuals who are not authorized to work in the United 
     States:
       (1) Workers who dispute wages reported on their social 
     security account number when they believe someone else has 
     used such number and name to report wages.
       (2) Children's social security account numbers used for 
     work purposes.
       (3) Employers whose workers present significant numbers of 
     mismatched social security account numbers or names for wage 
     reporting.
       (b) Submission.--The Inspector General of the Social 
     Security Administration shall submit the audits completed 
     under subsection (a) to the Committee on Ways and

[[Page S3065]]

     Means of the House of Representatives and the Committee on 
     Finance of the Senate for review of the evidence of 
     individuals who are not authorized to work in the United 
     States. The Chairmen of those Committees shall then determine 
     information to be shared with the Secretary of Homeland 
     Security so that such Secretary can investigate the 
     unauthorized employment demonstrated by such evidence.

     SEC. 1914. AGRICULTURE WORKFORCE STUDY.

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

     SEC. 1915. SENSE OF CONGRESS ON FURTHER IMPLEMENTATION.

       It is the sense of Congress that in implementing the E-
     Verify Program, the Secretary of Homeland Security shall 
     ensure any adverse impact on the Nation's agricultural 
     workforce, operations, and food security are considered and 
     addressed.
                                 ______
                                 
  SA 1905. Mr. MARKEY submitted an amendment intended to be proposed by 
him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. FOREIGN ADVERSARY CONTROLLED APPLICATIONS.

       Division H of this Act shall have no force or effect.
                                 ______
                                 
  SA 1906. Ms. WARREN submitted an amendment intended to be proposed by 
her to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. IMPLEMENTATION OF THE CIVILIAN HARM INCIDENT 
                   RESPONSE GUIDANCE.

       (a) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Foreign Relations of the Senate;
       (2) the Committee on Armed Services of the Senate;
       (3) the Committee on Appropriations of the Senate;
       (4) the Committee on Foreign Affairs of the House of 
     Representatives;
       (5) the Committee on Armed Services of the House of 
     Representatives; and
       (6) the Committee on Appropriations of the House of 
     Representatives.
       (b) Allocation of Funding.--Of the amount appropriated by 
     this Act, $10,000,000 shall be made available to the 
     Department of State for the implementation by the Bureau of 
     Democracy, Human Rights, and Labor, in coordination with the 
     Bureau of Political-Military Affairs, of the Civilian Harm 
     Incident Response Guidance, with a priority on investigating 
     reports of civilian harm caused by United States-origin 
     weapons in conflict areas during the 1-year period ending on 
     the date of the enactment of this Act.
       (c) Publication of Civilian Harm Incident Response 
     Guidance.--The Secretary of State shall publish the text of 
     the Civilian Harm Incident Response Guidance on a publicly 
     accessible website in unclassified form.
       (d) Annual Report.--Not later than 90 days after the date 
     of the enactment of this Act, and annually thereafter, the 
     Secretary of State shall submit a report to the appropriate 
     congressional committees that summarizes all civilian harm 
     events considered in the preceding year under the Civilian 
     Harm Incident Response Guidance, including the location, 
     summary of investigation, and findings.
       (e) Reports on Civilian Harm Events in Violation of 
     International Law.--Not later than 30 days after the 
     Secretary of State determines that United States-origin 
     weapons have been used in a civilian harm event in violation 
     of international law, the Secretary of State shall submit an 
     unclassified report to the appropriate congressional 
     committees that includes--
       (1) a description of the civilian harm event, including the 
     nature of the violation, the perpetrator, and the event's 
     location;
       (2) a description of the Department of State's 
     investigation of the civilian harm event;
       (3) a description of all United States defense articles or 
     services used in the civilian harm event;
       (4) the authority under which a transfer of such defense 
     articles of services occurred; and
       (5) a description of measures that the Department of State 
     has taken to ensure accountability for and nonrecurrence of 
     such harm.

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