[Congressional Record Volume 170, Number 71 (Tuesday, April 23, 2024)]
[Senate]
[Pages S3007-S3031]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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.
                                 ______