[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3599 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3599
To reform the immigration laws.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 23, 2023
Ms. Salazar (for herself, Ms. Escobar, Mrs. Gonzalez-Colon, Ms.
Scholten, Mrs. Chavez-DeRemer, Ms. Manning, Mr. Lawler, and Mr.
Espaillat) introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committees on
Homeland Security, Ways and Means, Agriculture, Transportation and
Infrastructure, the Budget, Education and the Workforce, Foreign
Affairs, Oversight and Accountability, Intelligence (Permanent Select),
Financial Services, and Armed Services, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To reform the immigration laws.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Dignity for
Immigrants while Guarding our Nation to Ignite and Deliver the American
Dream Act of 2023'' or as the ``DIGNIDAD (Dignity) Act of 2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
DIVISION A--BORDER SECURITY FOR AMERICA ACT
Sec. 1100. Short title.
TITLE I--BORDER SECURITY
Sec. 1101. Definitions.
Subtitle A--Infrastructure and Equipment
Sec. 1111. Strengthening the requirements for barriers along the
southern border.
Sec. 1112. Air and Marine Operations flight hours.
Sec. 1113. Border security technology program management.
Sec. 1114. Landowner and rancher security enhancement.
Sec. 1115. Eradication of carrizo cane and salt cedar.
Sec. 1116. Southern border threat analysis, Border Patrol strategic
plan, and Northern Border Threat Analysis.
Sec. 1117. Amendments to U.S. Customs and Border Protection.
Sec. 1118. Agent and officer technology use.
Sec. 1119. Tunnel Task Forces.
Sec. 1120. Pilot program on use of electromagnetic spectrum in support
of border security operations.
Sec. 1121. Foreign migration assistance.
Sec. 1122. Biometric Identification Transnational Migration Alert
Program.
Sec. 1123. Border and port security technology investment plan.
Sec. 1124. Commercial solutions opening acquisition program.
Sec. 1125. U.S. Customs and Border Protection technology upgrades.
Sec. 1126. Nonintrusive inspection operations.
Sec. 1127. Homeland Security Investigations Innovation Lab.
Sec. 1128. Report on standards and guidelines for managing ports of
entry under the control of the department
of homeland security.
Subtitle B--Personnel
Sec. 1141. Additional U.S. Customs and Border Protection personnel.
Sec. 1142. U.S. Customs and Border Protection retention incentives.
Sec. 1143. Anti-Border Corruption Act Reauthorization.
Sec. 1144. Training for officers and agents of U.S. Customs and Border
Protection.
Sec. 1145. Establishment of workload staffing models for U.S. Border
Patrol and Air and Marine Operations of
CBP.
Sec. 1146. U.S. border patrol processing coordinator positions.
Sec. 1147. Establishment of higher minimum rates of pay for United
States border patrol agents.
Sec. 1148. Body Worn Camera Pilot Program Authorization.
Sec. 1149. Protecting sensitive locations.
Subtitle C--Grants
Sec. 1161. Operation Stonegarden.
Sec. 1162. Program for shelter and services.
Subtitle D--Border Security Certification
Sec. 1181. Border Security Certification.
TITLE II--BORDER SECURITY AND PORTS OF ENTRY INFRASTRUCTURE FUNDING
Subtitle A--Emergency Port of Entry Personnel and Infrastructure
Funding
Sec. 1201. Ports of entry infrastructure.
Sec. 1202. Sense of Congress on cooperation between agencies.
Sec. 1203. Authorization of appropriations.
Subtitle B--Border Security Funding
Sec. 1211. Border Security Funding.
Sec. 1212. Exclusion from PAYGO scorecards.
Sec. 1213. Funding matters.
TITLE III--VISA SECURITY AND INTEGRITY
Sec. 1301. Visa security.
Sec. 1302. Electronic passport screening and biometric matching.
Sec. 1303. Reporting of visa overstays.
Sec. 1304. Student and exchange visitor information system
verification.
Sec. 1305. Visa information sharing.
Sec. 1306. Fraud prevention.
Sec. 1307. Visa ineligibility for spouses and children of drug
traffickers.
Sec. 1308. DNA testing.
Sec. 1309. DNA collection consistent with Federal law.
TITLE IV--TRANSNATIONAL CRIMINAL ORGANIZATION PREVENTION AND
ELIMINATION
Sec. 1401. Short title.
Sec. 1402. Illicit spotting.
Sec. 1403. Unlawfully hindering immigration, border, and customs
controls.
Sec. 1404. Report on smuggling.
Sec. 1405. Sarah's law.
Sec. 1406. Illegal reentry.
Sec. 1407. Grounds of inadmissibility and deportability for alien gang
members.
Sec. 1408. Mandatory minimum penalty for child sex trafficking.
Sec. 1409. Designation of certain drug cartels as Special Transnational
Criminal Organization.
TITLE V--MANDATORY E-VERIFY
Sec. 1501. Short title.
Sec. 1502. Employment eligibility verification process.
Sec. 1503. Employment eligibility verification system.
Sec. 1504. Recruitment, referral, and continuation of employment.
Sec. 1505. Good faith defense.
Sec. 1506. Preemption and States' Rights.
Sec. 1507. Repeal.
Sec. 1508. Penalties.
Sec. 1509. Fraud and misuse of documents.
Sec. 1510. Protection of Social Security Administration programs.
Sec. 1511. Fraud prevention.
Sec. 1512. Use of Employment Eligibility Verification Photo Tool.
Sec. 1513. Identity authentication employment eligibility verification
pilot programs.
Sec. 1514. Inspector General audits.
Sec. 1515. Nationwide E-Verify Audit.
TITLE VI--ASYLUM REFORM
Sec. 1601. Humanitarian campuses.
Sec. 1602. Expedited Asylum Determinations.
Sec. 1603. Screening and processing in Western hemisphere.
Sec. 1604. Recording expedited removal and credible fear interviews.
Sec. 1605. Renunciation of asylum status pursuant to return to home
country.
Sec. 1606. Notice concerning frivolous asylum applications.
Sec. 1607. Anti-fraud investigative work product.
Sec. 1608. Penalties for asylum fraud.
Sec. 1609. Statute of limitations for asylum fraud.
Sec. 1610. Standard operating procedures; facilities standards.
Sec. 1611. Criminal background checks for sponsors of unaccompanied
alien children.
Sec. 1612. Fraud in connection with the transfer of custody of
unaccompanied alien children.
Sec. 1613. Hiring authority.
Sec. 1614. Humanitarian status.
Sec. 1615. Two strike policy.
Sec. 1616. Loan forgiveness for legal service providers at humanitarian
campuses.
TITLE VII--RULE OF LAW, SECURITY, AND ECONOMIC DEVELOPMENT IN CENTRAL
AMERICA
Subtitle A--Promoting the Rule of Law, Security, and Economic
Development in Central America
Sec. 1701. United States Strategy for Engagement in Central America.
Sec. 1702. Securing support of international donors and partners.
Sec. 1703. Combating corruption, strengthening the rule of law, and
consolidating democratic governance.
Sec. 1704. Combating criminal violence and improving citizen security.
Sec. 1705. Combating sexual, gender-based, and domestic violence.
Subtitle B--Information Campaign on the Dangers of Irregular Migration
Sec. 1711. Information campaign on dangers of irregular migration.
Subtitle C--Cracking Down on Criminal Organizations
Sec. 1721. Enhanced investigation and prosecution of human smuggling
networks and trafficking organizations.
Sec. 1722. Enhanced penalties for organized smuggling schemes.
Sec. 1723. Expanding financial sanctions on narcotics trafficking and
money laundering.
Sec. 1724. Support for transnational anti-gang task forces for
countering criminal gangs.
DIVISION B--AMERICAN DREAM AND PROMISE
Sec. 21000. Short title.
TITLE I--DREAM ACT
Sec. 21001. Short title.
Sec. 21002. Permanent resident status on a conditional basis for
certain long-term residents who entered the
United States as children.
Sec. 21003. Terms of permanent resident status on a conditional basis.
Sec. 21004. Removal of conditional basis of permanent resident status.
Sec. 21005. Restoration of State option to determine residency for
purposes of higher education benefits.
TITLE II--AMERICAN PROMISE ACT
Sec. 22001. Short title.
Sec. 22002. Adjustment of status for certain nationals of certain
countries designated for temporary
protected status or deferred enforced
departure.
Sec. 22003. Clarification.
TITLE III--GENERAL PROVISIONS
Sec. 23001. Definitions.
Sec. 23002. Submission of biometric and biographic data; background
checks.
Sec. 23003. Limitation on removal; application and fee exemption; and
other conditions on eligible individuals.
Sec. 23004. Determination of continuous presence and residence.
Sec. 23005. Exemption from numerical limitations.
Sec. 23006. Availability of administrative and judicial review.
Sec. 23007. Documentation requirements.
Sec. 23008. Rulemaking.
Sec. 23009. Confidentiality of information.
Sec. 23010. Grant program to assist eligible applicants.
Sec. 23011. Provisions affecting eligibility for adjustment of status.
Sec. 23012. Supplementary surcharge for appointed counsel.
Sec. 23013. Annual report on provisional denial authority.
TITLE IV--DIGNITY AND REDEMPTION PROGRAMS
Subtitle A--Dignity Program
Sec. 24001. Establishment.
Sec. 24002. Eligibility.
Sec. 24003. Registration; departure.
Sec. 24004. Program participation.
Sec. 24005. Completion.
Subtitle B--Redemption Program
Sec. 24101. Establishment.
Sec. 24102. Conditions.
Sec. 24103. Completion and removal of conditional status.
Subtitle C--Contribution to American Workers
Sec. 24200. Purpose.
Sec. 24201. Availability of funds.
Sec. 24202. Conforming amendments.
Part 1--Promoting Apprenticeships Through Regional Training Networks
Sec. 24301. Definitions.
Sec. 24302. Allotments to States.
Sec. 24303. Grants to partnerships.
Sec. 24304. Use of funds.
Sec. 24305. Performance and accountability.
Part 2--High-Demand Careers
Sec. 24401. Grants for access to high-demand careers.
DIVISION C--IMPROVING SEASONAL GUEST WORKER OPPORTUNITIES
Sec. 31001. Short title.
Sec. 31002. Definitions.
Sec. 31003. H-2B cap relief.
Sec. 31004. Increased sanctions for willful misrepresentation or
failure to meet the requirements for
petitioning for an H-2B worker.
Sec. 31005. Reduction of paperwork burden.
Sec. 31006. Workplace safety.
Sec. 31007. Foreign labor recruiting; prohibition on fees.
Sec. 31008. Program integrity measures.
Sec. 31009. Program eligibility.
Sec. 31010. H-2B employer notification requirement.
Sec. 31011. Authorization of appropriations.
DIVISION D--AMERICAN AGRICULTURE DOMINANCE ACT
Sec. 41001. Short title.
TITLE I--SECURING THE DOMESTIC AGRICULTURAL WORKFORCE
Subtitle A--Status for Certified Agricultural Workers
Sec. 41101. Certified agricultural worker status.
Sec. 41102. Terms and conditions of certified status.
Sec. 41103. Extensions of certified status.
Sec. 41104. Determination of continuous presence.
Sec. 41105. Employer obligations.
Sec. 41106. Administrative and judicial review.
Subtitle B--Optional Earned Residence for Long-Term Workers
Sec. 41201. Optional adjustment of status for long-term agricultural
workers.
Sec. 41202. Payment of taxes.
Sec. 41203. Adjudication and decision; review.
Subtitle C--General Provisions
Sec. 41301. Definitions.
Sec. 41302. Rulemaking; fees.
Sec. 41303. Background checks.
Sec. 41304. Protection for children.
Sec. 41305. Limitation on removal.
Sec. 41306. Documentation of agricultural work history.
Sec. 41307. Employer protections.
Sec. 41308. Correction of Social Security records; conforming
amendments.
Sec. 41309. Disclosures and privacy.
Sec. 41310. Penalties for false statements in applications.
Sec. 41311. Dissemination of information.
Sec. 41312. Exemption from numerical limitations.
Sec. 41313. Reports to Congress.
Sec. 41314. Grant program to assist eligible applicants.
Sec. 41315. Authorization of appropriations.
TITLE II--ENSURING AN AGRICULTURAL WORKFORCE FOR THE FUTURE
Subtitle A--Reforming the H-2A Worker Program
Sec. 42101. Comprehensive and streamlined electronic H-2A platform.
Sec. 42102. Agricultural labor or services.
Sec. 42103. H-2A program requirements.
Sec. 42104. Portable H-2A visa pilot program.
Sec. 42105. Pilot program providing forestry employers the option of
using the H-2A program or the H-2B program.
DIVISION E--AMERICAN PROSPERITY AND COMPETITIVENESS
Sec. 51001. Short title.
TITLE I--PROTECTING THE FAMILY SYSTEM
Subtitle A--American Families United Act
Sec. 51101. Rule of construction.
Sec. 51102. Discretionary authority with respect to family members of
United States citizens.
Sec. 51103. Motions to reopen or reconsider.
Subtitle B--Temporary Family Visitation Act
Sec. 51111. Family purpose nonimmigrant visas for relatives of United
States citizens and lawful permanent
residents seeking to enter the United
States temporarily.
Subtitle C--Spouses or Children of an Alien Lawfully Admitted for
Permanent Residence Uncapped
Sec. 51131. Spouses or children of an alien lawfully admitted for
permanent residence.
Sec. 51132. Preference Allocation for Family-Sponsored Immigrants.
TITLE II--FAIRNESS FOR IMMIGRANTS
Sec. 51201. Elimination of backlogs.
Sec. 51202. Per-country caps raised.
Sec. 51203. Protecting the status of children affected by delays in
visa availability.
Sec. 51204. Spouses and minor children not included in calculation.
TITLE III--IMPROVING EMPLOYMENT BASED VISAS
Subtitle A--H-4 Work Authorization Act
Sec. 51301. Employment authorization for certain alien spouses.
Subtitle B--Improving Employment Based Visas
Sec. 51311. Repeal of FICA exception for certain nonresidents
temporarily present in the United States.
Sec. 51312. Individuals with doctoral degrees in STEM fields recognized
as individuals having extraordinary
ability.
TITLE IV--STUDENT VISAS
Sec. 51401. Modernizing Visas for Students.
TITLE V--SURGING RESOURCES TO EXPEDITE VISA PROCESSING
Sec. 51501. Surging Resources to Expedite Visa Processing.
DIVISION A--BORDER SECURITY FOR AMERICA ACT
SEC. 1100. SHORT TITLE.
This division may be cited as the ``Border Security for America
Act''.
TITLE I--BORDER SECURITY
SEC. 1101. DEFINITIONS.
In this title:
(1) Advanced unattended surveillance sensors.--The term
``advanced unattended surveillance sensors'' means sensors that
utilize an onboard computer to analyze detections in an effort
to discern between vehicles, humans, and animals, and
ultimately filter false positives prior to transmission.
(2) Commissioner.--The term ``Commissioner'' means the
Commissioner of U.S. Customs and Border Protection.
(3) High traffic areas.--The term ``high traffic areas''
has the meaning given such term in section 102(e)(1) of the
Illegal Immigration Reform and Immigrant Responsibility Act of
1996, as amended by section 1111 of this division.
(4) Operational advantage.--The term ``operational
advantage'' has the meaning given such term in the 2022-2026
U.S. Border Patrol Strategy (CBP Publication No. 1678-0222).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(6) Situational awareness.--The term ``situational
awareness'' has the meaning given such term in section
1092(a)(7) of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 6 U.S.C. 223(a)(7)).
(7) Small unmanned aerial vehicle.--The term ``small
unmanned aerial vehicle'' has the meaning given the term
``small unmanned aircraft'' in section 331 of the FAA
Modernization and Reform Act of 2012 (Public Law 112-95; 49
U.S.C. 40101 note).
(8) Transit zone.--The term ``transit zone'' has the
meaning given such term in section 1092(a)(8) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-
328; 6 U.S.C. 223(a)(7)).
(9) Unmanned aerial system.--The term ``unmanned aerial
system'' has the meaning given the term ``unmanned aircraft
system'' in section 331 of the FAA Modernization and Reform Act
of 2012 (Public Law 112-95; 49 U.S.C. 40101 note).
(10) Unmanned aerial vehicle.--The term ``unmanned aerial
vehicle'' has the meaning given the term ``unmanned aircraft''
in section 331 of the FAA Modernization and Reform Act of 2012
(Public Law 112-95; 49 U.S.C. 40101 note).
Subtitle A--Infrastructure and Equipment
SEC. 1111. STRENGTHENING THE REQUIREMENTS FOR BARRIERS ALONG THE
SOUTHERN BORDER.
Section 102 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Division C of Public Law 104-208; 8 U.S.C.
1103 note) is amended--
(1) by amending subsection (a) to read as follows:
``(a) In General.--The Secretary of Homeland Security shall take
such actions as may be necessary (including the removal of obstacles to
detection of illegal entrants) to design, test, construct, install,
deploy, integrate, and operate physical barriers, tactical
infrastructure, and technology in the vicinity of the United States
border to achieve situational awareness and operational advantage of
the border and deter, impede, and detect illegal activity in high
traffic areas.'';
(2) in subsection (b)--
(A) in the subsection heading, by striking
``Fencing and Road Improvements'' and inserting
``Physical Barriers'';
(B) in paragraph (1)--
(i) in subparagraph (A)--
(I) by striking ``subsection (a)''
and inserting ``this section'';
(II) by striking ``roads, lighting,
cameras, and sensors'' and inserting
``tactical infrastructure, and
technology''; and
(III) by striking ``gain'' and
inserting ``achieve situational
awareness and'';
(ii) by amending subparagraph (B) to read
as follows:
``(B) Physical barriers and tactical
infrastructure.--The Secretary, in carrying out this
section, shall deploy along the United States border
the most practical and effective physical barriers and
tactical infrastructure available for achieving
situational awareness and operational advantage of the
border.'';
(iii) in subparagraph (C)--
(I) by amending clause (i) to read
as follows:
``(i) In general.--In carrying out this
section, the Secretary shall consult with
appropriate Federal agency partners,
appropriate representatives of Federal, State,
Tribal, and local governments, and appropriate
private property owners in the United States to
minimize the impact on the environment,
culture, commerce, and quality of life for the
communities and residents located near the
sites at which such physical barriers are to be
constructed.''; and
(II) in clause (ii)--
(aa) in subclause (I), by
striking ``or'' after the
semicolon at the end;
(bb) by amending subclause
(II) to read as follows:
``(II) delay the transfer to the
United States of the possession of
property or affect the validity of any
property acquisition by the United
States by purchase or eminent domain,
or to otherwise affect the eminent
domain laws of the United States or of
any State; or''; and
(cc) by adding at the end
the following new subclause:
``(III) create any right or
liability for any party.''; and
(iv) by striking subparagraph (D);
(C) in paragraph (2)--
(i) by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security'';
(ii) by striking ``this subsection'' and
inserting ``this section''; and
(iii) by striking ``construction of
fences'' and inserting ``the construction of
physical barriers'';
(D) by amending paragraph (3) to read as follows:
``(3) Agent safety.--In carrying out this section, the
Secretary of Homeland Security, when designing, constructing,
and deploying physical barriers, tactical infrastructure, or
technology, shall incorporate such safety features into such
design, construction, or deployment of such physical barriers,
tactical infrastructure, or technology, as the case may be,
that the Secretary determines are necessary to maximize the
safety and effectiveness of officers or agents of the
Department of Homeland Security or of any other Federal agency
deployed in the vicinity of such physical barriers, tactical
infrastructure, or technology.''; and
(E) in paragraph (4), by striking ``this
subsection'' and inserting ``this section'';
(3) in subsection (c)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--Notwithstanding any other provision of
law, the Secretary of Homeland Security shall have the
authority to waive all legal requirements the Secretary
determines necessary to ensure the expeditious design, testing,
construction, installation, deployment, integration, and
operation of the physical barriers, tactical infrastructure,
and technology under this section. Such waiver authority shall
also apply with respect to any maintenance carried out on such
physical barriers, tactical infrastructure, or technology. Any
such decision by the Secretary shall be effective upon
publication in the Federal Register.'';
(B) by redesignating paragraph (2) as paragraph
(3); and
(C) by inserting after paragraph (1) the following
new paragraph:
``(2) Notification.--Not later than 7 days after the date
on which the Secretary of Homeland Security exercises the
waiver authority under paragraph (1), the Secretary shall
notify the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate of such waiver.''; and
(4) by adding at the end the following new subsections:
``(e) Technology.--The Secretary of Homeland Security, in carrying
out this section, shall deploy along the United States border the most
practical and effective technology available for achieving situational
awareness and operational advantage of the border.
``(f) Definitions.--In this section:
``(1) Advanced unattended surveillance sensors.--The term
`advanced unattended surveillance sensors' means sensors that
utilize an onboard computer to analyze detections in an effort
to discern between vehicles, humans, and animals, and
ultimately filter false positives prior to transmission.
``(2) High traffic areas.--The term `high traffic areas'
means areas in the vicinity of the United States border that--
``(A) are within the responsibility of U.S. Customs
and Border Protection; and
``(B) have significant unlawful cross-border
activity, as determined by the Secretary of Homeland
Security.
``(3) Operational advantage.--The term `operational
advantage' has the meaning given such term in the 2022-2026
U.S. Border Patrol Strategy (CBP Publication No. 1678-0222).
``(4) Physical barriers.--The term `physical barriers'
includes reinforced fencing, border barrier system, and levee
walls.
``(5) Situational awareness.--The term `situational
awareness' has the meaning given such term in section
1092(a)(7) of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 6 U.S.C. 223(a)(7)).
``(6) Tactical infrastructure.--The term `tactical
infrastructure' includes boat ramps, access gates, checkpoints,
lighting, and roads.
``(7) Technology.--The term `technology' includes border
surveillance and detection technology, including the following:
``(A) Tower-based surveillance technology.
``(B) Deployable, lighter-than-air ground
surveillance equipment.
``(C) Vehicle and Dismount Exploitation Radars
(VADER).
``(D) 3-dimensional, seismic acoustic detection and
ranging border tunneling detection technology.
``(E) Advanced unattended surveillance sensors.
``(F) Mobile vehicle-mounted and man-portable
surveillance capabilities.
``(G) Unmanned aircraft systems.
``(H) Other border detection, communication, and
surveillance technology.
``(8) Unmanned aircraft system.--The term `unmanned
aircraft system' has the meaning given such term in section
44801 of title 49, United States Code.''.
SEC. 1112. AIR AND MARINE OPERATIONS FLIGHT HOURS.
(a) Air and Marine Operations Flight Hours.--The Secretary shall
ensure that not fewer than 95,000 annual flight hours are carried out
by Air and Marine Operations of CBP.
(b) Unmanned Aircraft Systems.--The Secretary, after coordination
with the Administrator of the Federal Aviation Administration, shall
ensure that Air and Marine Operations operate unmanned aircraft systems
on the southern border of the United States for not less than 24 hours
per day for 7 days per week.
(c) Primary Missions.--The Commissioner shall ensure that--
(1) the primary missions for Air and Marine Operations are
to directly support--
(A) U.S. Border Patrol activities along the borders
of the United States; and
(B) Joint Interagency Task Force South operations
in the transit zone; and
(2) the Executive Assistant Commissioner of Air and Marine
Operations assigns the greatest priority to support missions
outlined under paragraph (1).
(d) High Demand Flight Hour Requirements.--The Commissioner shall
ensure that U.S. Border Patrol Sector Chiefs--
(1) identify air support mission-critical hours; and
(2) direct Air and Marine Operations to support requests
from Sector Chiefs as their primary mission.
(e) Contract Air Support Authorizations.--The Commissioner shall
contract for the unfulfilled air support mission-critical hours, as
identified pursuant to subsection (d).
(f) Small Unmanned Aircraft Systems.--
(1) In general.--The Chief of the U.S. Border Patrol shall
be the executive agent with respect to the use of small
unmanned aircraft systems by CBP for the purpose of--
(A) meeting the unmet flight hour operational
requirements of the U.S. Border Patrol; and
(B) achieving situational awareness and operational
advantage.
(2) Coordination.--In carrying out paragraph (1), the Chief
of the U.S. Border Patrol shall coordinate--
(A) flight operations with the Administrator of the
Federal Aviation Administration to ensure the safe and
efficient operation of the National Airspace System;
and
(B) with the Executive Assistant Commissioner for
Air and Marine Operations of CBP to--
(i) ensure the safety of other CBP aircraft
flying in the vicinity of small unmanned
aircraft systems operated by the U.S. Border
Patrol; and
(ii) establish a process to include data
from flight hours in the calculation of got
away statistics.
(3) Conforming amendment.--Paragraph (3) of section 411(e)
of the Homeland Security Act of 2002 (6 U.S.C. 211(e)) is
amended--
(A) in subparagraph (B), by striking ``and'' after
the semicolon at the end;
(B) by redesignating subparagraph (C) as
subparagraph (D); and
(C) by inserting after subparagraph (B) the
following new subparagraph:
``(C) carry out the small unmanned aircraft system
(as such term is defined in section 44801 of title 49,
United States Code) requirements pursuant to subsection
(f) of section 1113 of the Border Security for America
Act; and''.
(g) Savings Clause.--Nothing in this section shall confer,
transfer, or delegate to the Secretary, the Commissioner, the Executive
Assistant Commissioner for Air and Marine Operations of CBP, or the
Chief of the U.S. Border Patrol any authority of the Secretary of
Transportation or the Administrator of the Federal Aviation
Administration relating to the use of airspace or aviation safety.
(h) Definitions.--In this section:
(1) Got away.--The term ``got away'' has the meaning given
such term in section 1092(a)(3) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 6
U.S.C. 223(a)(3)).
(2) Transit zone.--The term ``transit zone'' has the
meaning given such term in section 1092(a)(8) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-
328; 6 U.S.C. 223(a)(8)).
SEC. 1113. BORDER SECURITY TECHNOLOGY PROGRAM MANAGEMENT.
(a) In General.--Subtitle C of title IV of the Homeland Security
Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the
following new section:
``SEC. 437. BORDER SECURITY TECHNOLOGY PROGRAM MANAGEMENT.
``(a) Major Acquisition Program Defined.--In this section, the term
`major acquisition program' means an acquisition program of the
Department that is estimated by the Secretary to require an eventual
total expenditure of at least $300,000,000 (based on fiscal year 2023
constant dollars) over its life-cycle cost.
``(b) Planning Documentation.--For each border security technology
acquisition program of the Department that is determined to be a major
acquisition program, the Secretary shall--
``(1) ensure that each such program has a written
acquisition program baseline approved by the relevant
acquisition decision authority;
``(2) document that each such program is satisfying cost,
schedule, and performance thresholds as specified in such
baseline, in compliance with relevant departmental acquisition
policies and the Federal Acquisition Regulation; and
``(3) have a plan for satisfying program implementation
objectives by managing contractor performance.
``(c) Adherence to Standards.--The Secretary, acting through the
Under Secretary for Management and the Commissioner of U.S. Customs and
Border Protection, shall ensure border security technology acquisition
program managers who are responsible for carrying out this section
adhere to relevant internal control standards identified by the
Comptroller General of the United States. The Commissioner shall
provide information, as needed, to assist the Under Secretary in
monitoring management of border security technology acquisition
programs under this section.
``(d) Plan.--The Secretary, acting through the Under Secretary for
Management, in coordination with the Under Secretary for Science and
Technology and the Commissioner of U.S. Customs and Border Protection,
shall submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate a plan for testing, evaluating, and using
independent verification and validation of resources relating to the
proposed acquisition of border security technology. Under such plan,
the proposed acquisition of new border security technologies shall be
evaluated through a series of assessments, processes, and audits to
ensure--
``(1) compliance with relevant departmental acquisition
policies and the Federal Acquisition Regulation; and
``(2) the effective use of taxpayer dollars.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by striking the items
relating to sections 435 and 436 and inserting the following new items:
``Sec. 435. Maritime operations coordination plan.
``Sec. 436. Maritime security capabilities assessments.
``Sec. 437. Border security technology program management.''.
(c) Prohibition on Additional Authorization of Appropriations.--No
additional funds are authorized to be appropriated to carry out section
437 of the Homeland Security Act of 2002, as added by subsection (a).
SEC. 1114. LANDOWNER AND RANCHER SECURITY ENHANCEMENT.
(a) Establishment of National Border Security Advisory Committee.--
The Secretary shall establish a National Border Security Advisory
Committee, which--
(1) may advise, consult with, report to, and make
recommendations to the Secretary on matters relating to border
security matters, including--
(A) verifying security claims and the border
security metrics established by the Department of
Homeland Security under section 1092 of the National
Defense Authorization Act for Fiscal Year 2017 (Public
Law 114-328; 6 U.S.C. 223); and
(B) discussing ways to improve the security of high
traffic areas along the northern border and the
southern border; and
(2) may provide, through the Secretary, recommendations to
Congress.
(b) Consideration of Views.--The Secretary shall consider the
information, advice, and recommendations of the National Border
Security Advisory Committee in formulating policy regarding matters
affecting border security.
(c) Membership.--The National Border Security Advisory Committee
shall consist of at least one member from each State who--
(1) has at least five years practical experience in border
security operations; or
(2) lives and works in the United States within 80 miles
from the southern border or the northern border.
(d) Nonapplicability of Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the
National Border Security Advisory Committee.
SEC. 1115. ERADICATION OF CARRIZO CANE AND SALT CEDAR.
(a) In General.--The Secretary, in coordination with the heads of
the relevant Federal, State, and local agencies, shall begin
eradicating the carrizo cane plant and any salt cedar along the Rio
Grande River that impedes border security operations.
(b) Extent.--The waiver authority under subsection (c) of section
102 of the Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (8 U.S.C. 1103 note), as amended by section 1111 of this Act,
shall extend to activities carried out pursuant to subsection (a).
SEC. 1116. SOUTHERN BORDER THREAT ANALYSIS, BORDER PATROL STRATEGIC
PLAN, AND NORTHERN BORDER THREAT ANALYSIS.
(a) Souther Border Threat Analysis.--
(1) Requirement.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to the
Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs
of the Senate a Southern border threat analysis.
(2) Contents.--The analysis submitted under paragraph (1)
shall include an assessment of--
(A) current and potential terrorism and criminal
threats posed by individuals and organized groups
seeking--
(i) to unlawfully enter the United States
through the Southern border; or
(ii) to exploit security vulnerabilities
along the Southern border;
(B) improvements needed at and between ports of
entry along the Southern border to prevent terrorists
and instruments of terror from entering the United
States;
(C) gaps in law, policy, and coordination between
State, local, or tribal law enforcement, international
agreements, or tribal agreements that hinder effective
and efficient border security, counterterrorism, and
anti-human smuggling and trafficking efforts;
(D) the current percentage of situational awareness
achieved by the Department along the Southern border;
(E) the current percentage of operational advantage
achieved by the Department on the Southern border; and
(F) traveler crossing times and any potential
security vulnerability associated with prolonged wait
times.
(3) Analysis requirements.--In compiling the Southern
border threat analysis required under this subsection, the
Secretary shall consider and examine--
(A) the technology needs and challenges, including
such needs and challenges identified as a result of
previous investments that have not fully realized the
security and operational benefits that were sought;
(B) the personnel needs and challenges, including
such needs and challenges associated with recruitment
and hiring;
(C) the infrastructure needs and challenges;
(D) the roles and authorities of State, local, and
tribal law enforcement in general border security
activities;
(E) the status of coordination among Federal,
State, local, tribal, and Mexican law enforcement
entities relating to border security;
(F) the terrain, population density, and climate
along the Southern border; and
(G) the international agreements between the United
States and Mexico related to border security.
(4) Classified form.--To the extent possible, the Secretary
shall submit the Southern border threat analysis required under
this subsection in unclassified form, but may submit a portion
of the threat analysis in classified form if the Secretary
determines such action is appropriate.
(b) In General.--Not later than one year after the date of
enactment of this section and every 2 years thereafter, the Secretary,
acting through the Chief of the U.S. Border Patrol, shall issue a
Border Patrol Strategic Plan (referred to in this section as the
``plan'') to enhance the security of the international borders of the
United States.
(c) Elements.--The plan shall include the following:
(1) A consideration of Border Patrol Capability Gap
Analysis reporting, Border Security Improvement Plans, and any
other strategic document authored by the U.S. Border Patrol to
address security gaps with respect to ports of entry, including
efforts to mitigate threats identified in such analyses, plans,
and documents.
(2) Information relating to the dissemination of
information relating to border security or border threats with
respect to the efforts of the Department and other appropriate
Federal agencies.
(3) Information relating to efforts by U.S. Border Patrol
to--
(A) increase situational awareness, including--
(i) surveillance capabilities, such as
capabilities developed or utilized by the
Department of Defense, and any appropriate
technology determined to be excess by the
Department of Defense; and
(ii) the use of manned aircraft and
unmanned aircraft systems;
(B) detect and prevent terrorists and instruments
of terrorism from entering the United States;
(C) detect, interdict, and disrupt human smuggling,
human trafficking, drug trafficking and other illicit
cross-border activity;
(D) focus intelligence collection to disrupt
transnational criminal organizations outside of the
international and maritime borders of the United
States; and
(E) ensure that any new border security technology
can be operationally integrated with existing
technologies in use by the Department.
(4) Information relating to initiatives of the Department
with respect to operational coordination, including any
relevant task forces of the Department.
(5) Information gathered from the lessons learned by the
deployments of the National Guard to the southern border of the
United States.
(6) A description of cooperative agreements relating to
information sharing with State, local, Tribal, territorial, and
other Federal law enforcement agencies that have jurisdiction
on the border.
(7) Information relating to border security information
received from--
(A) State, local, Tribal, territorial, and other
Federal law enforcement agencies that have jurisdiction
on the border or in the maritime environment; and
(B) border community stakeholders, including
representatives from--
(i) border agricultural and ranching
organizations; and
(ii) business and civic organizations.
(8) Information relating to the staffing requirements with
respect to border security for the Department.
(9) A prioritized list of Department research and
development objectives to enhance the security of the southern
border.
(10) An assessment of training programs, including such
programs relating to--
(A) identifying and detecting fraudulent documents;
(B) understanding the scope of CBP enforcement
authorities and appropriate use of force policies; and
(C) screening, identifying, and addressing
vulnerable populations, such as children and victims of
human trafficking.
(d) Northern Border Threat Analysis.--Not later than 180 days after
the date of the enactment of this Act, the Secretary shall submit to
the Committee on Homeland Security of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs of the
Senate an update of the Northern Border Threat Analysis as required in
the Northern Border Security Review Act (Public Law 114-267).
SEC. 1117. AMENDMENTS TO U.S. CUSTOMS AND BORDER PROTECTION.
(a) Duties.--Subsection (c) of section 411 of the Homeland Security
Act of 2002 (6 U.S.C. 211) is amended--
(1) in paragraph (18), by striking ``and'' after the
semicolon at the end;
(2) by redesignating paragraph (19) as paragraph (22); and
(3) by inserting after paragraph (18) the following new
paragraphs:
``(19) administer the U.S. Customs and Border Protection
public private partnerships under subtitle G;
``(20) administer preclearance operations under the
Preclearance Authorization Act of 2015 (19 U.S.C. 4431 et seq.;
enacted as subtitle B of title VIII of the Trade Facilitation
and Trade Enforcement Act of 2015; 19 U.S.C. 4301 et seq.);
``(21) authorize preclearance operations under the
Preclearance Authorization act of 2015 (19 U.S.C. 4431 et seq.;
enacted as subtitle B of title VIII of the Trade Facilitation
and Trade Enforcement Act of 2015; 19 U.S.C. 4301 et seq.) to
be conducted at land ports of entry; and''.
(b) Office of Field Operations Staffing.--Subparagraph (A) of
section 411(g)(5) of the Homeland Security Act of 2002 (6 U.S.C.
211(g)(5)) is amended by inserting before the period at the end the
following: ``compared to the number indicated by the current fiscal
year work flow staffing model''.
(c) Implementation Plan.--Subparagraph (B) of section 814(e)(1) of
the Preclearance Authorization Act of 2015 (19 U.S.C. 4433(e)(1);
enacted as subtitle B of title VIII of the Trade Facilitation and Trade
Enforcement Act of 2015; 19 U.S.C. 4301 et seq.) is amended to read as
follows:
``(B) a port of entry vacancy rate which compares
the number of officers identified in subparagraph (A)
with the number of officers at the port at which such
officer is currently assigned.''.
(d) Definition.--Subsection (r) of section 411 of the Homeland
Security Act of 2002 (6 U.S.C. 211) is amended--
(1) by striking ``this section, the terms'' and inserting
the following: ``this section:
``(1) the terms'';
(2) in paragraph (1), as added by subparagraph (A), by
striking the period at the end and inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(2) the term `unmanned aerial systems' has the meaning
given the term `unmanned aircraft system' in section 331 of the
FAA Modernization and Reform Act of 2012 (Public Law 112-95; 49
U.S.C. 40101 note).''.
SEC. 1118. AGENT AND OFFICER TECHNOLOGY USE.
In carrying out section 102 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (as amended by section 1111 of
this division) and section 1113 of this division, the Secretary shall,
to the greatest extent practicable, ensure that technology deployed to
gain situational awareness and operational advantage of the border be
provided to front-line officers and agents of the Department of
Homeland Security.
SEC. 1119. TUNNEL TASK FORCES.
The Secretary is authorized to establish Tunnel Task Forces for the
purposes of detecting and remediating tunnels that breach the
international border of the United States.
SEC. 1120. PILOT PROGRAM ON USE OF ELECTROMAGNETIC SPECTRUM IN SUPPORT
OF BORDER SECURITY OPERATIONS.
(a) In General.--The Commissioner, in consultation with the
Assistant Secretary of Commerce for Communications and Information,
shall conduct a pilot program to test and evaluate the use of
electromagnetic spectrum by U.S. Customs and Border Protection in
support of border security operations through--
(1) ongoing management and monitoring of spectrum to
identify threats such as unauthorized spectrum use, and the
jamming and hacking of United States communications assets, by
persons engaged in criminal enterprises;
(2) automated spectrum management to enable greater
efficiency and speed for U.S. Customs and Border Protection in
addressing emerging challenges in overall spectrum use on the
United States border; and
(3) coordinated use of spectrum resources to better
facilitate interoperability and interagency cooperation and
interdiction efforts at or near the United States border.
(b) Report to Congress.--Not later than 180 days after the
conclusion of the pilot program conducted under subsection (a), the
Commissioner shall submit to the Committee on Homeland Security and the
Committee on Energy and Commerce of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs and the
Committee on Commerce, Science, and Transportation of the Senate a
report on the findings and data derived from such program.
SEC. 1121. FOREIGN MIGRATION ASSISTANCE.
(a) In General.--Subtitle C of title IV of the Homeland Security
Act of 2002 (6 U.S.C. 231 et seq.), as amended by sections 1115 and
1123 of this division, is further amended by adding at the end the
following new section:
``SEC. 439. FOREIGN MIGRATION ASSISTANCE.
``(a) In General.--The Secretary, with the concurrence of the
Secretary of State, may provide to a foreign government financial
assistance for foreign country operations to address migration flows
that may affect the United States.
``(b) Determination.--Assistance provided under subsection (a) may
be provided only if such assistance would enhance the recipient
government's capacity to address irregular migration flows that may
affect the United States, including through related detention or
removal operations by the recipient government, including procedures to
screen and provide protection for certain individuals.
``(c) Reimbursement of Expenses.--The Secretary may, if
appropriate, seek reimbursement from the receiving foreign government
for the provision of financial assistance under this section.
``(d) Receipts Credited as Offsetting Collections.--Notwithstanding
section 3302 of title 31, United States Code, any reimbursement
collected pursuant to subsection (c) shall--
``(1) be credited as offsetting collections to the account
that finances the financial assistance under this section for
which such reimbursement is received; and
``(2) remain available until expended for the purpose of
carrying out this section.
``(e) Effective Period.--The authority provided under this section
shall remain in effect until September 30, 2028.
``(f) Development and Program Execution.--The Secretary and the
Secretary of State shall jointly develop and implement any financial
assistance under this section.
``(g) Rule of Construction.--Nothing in this section may be
construed as affecting, augmenting, or diminishing the authority of the
Secretary of State.
``(h) Authorization of Appropriations.--In addition to amounts
otherwise authorized to be appropriated for such purpose, there is
authorized to be appropriated $50,000,000 for fiscal years 2024 through
2028 to carry out this section.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 438 the following new item:
``Sec. 439. Foreign migration assistance.''.
SEC. 1122. BIOMETRIC IDENTIFICATION TRANSNATIONAL MIGRATION ALERT
PROGRAM.
(a) In General.--Subtitle D of title IV of the Homeland Security
Act of 2002 (6 U.S.C. 251 et seq.) is amended by adding at the end the
following new section:
``SEC. 447. BIOMETRIC IDENTIFICATION TRANSNATIONAL MIGRATION ALERT
PROGRAM.
``(a) Establishment.--There is established in the Department a
program to be known as the Biometric Identification Transnational
Migration Alert Program (referred to in this section as `BITMAP') to
address and reduce national security, border security, and public
safety threats before such threats reach the international border of
the United States.
``(b) Duties.--In carrying out BITMAP operations, the Secretary,
acting through the Director of U.S. Immigration and Customs
Enforcement, shall--
``(1) provide, when necessary, capabilities, training, and
equipment, to the government of a foreign country to collect
biometric and biographic identification data from individuals
to identify, prevent, detect, and interdict high-risk
individuals identified as national security, border security,
or public safety threats who may attempt to enter the United
States utilizing illicit pathways;
``(2) provide capabilities to the government of a foreign
country to compare foreign data against appropriate United
States national security, border security, public safety,
immigration, and counterterrorism data, including--
``(A) the Federal Bureau of Investigation's
Terrorist Screening Database, or successor database;
``(B) the Federal Bureau of Investigation's Next
Generation Identification database, or successor
database;
``(C) the Department of Defense Automated Biometric
Identification System (commonly known as `ABIS'), or
successor database;
``(D) the Department's Automated Biometric
Identification System (commonly known as `IDENT'), or
successor database; and
``(E) any other database, notice, or means that the
Secretary, in consultation with the heads of other
Federal departments and agencies responsible for such
databases, notices, or means, designates; and
``(3) ensure biometric and biographic identification data
collected pursuant to BITMAP are incorporated into appropriate
United States Government databases, in compliance with the
policies and procedures established by the Privacy Officer
appointed under section 222.
``(c) Collaboration.--The Secretary shall ensure that BITMAP
operations include participation from relevant components of the
Department, and, as appropriate, request participation from other
Federal agencies.
``(d) Coordination.--The Secretary shall coordinate with the
Secretary of State, appropriate representatives of foreign governments,
and the heads of other Federal agencies, as appropriate, to carry out
paragraph (1) of subsection (b).
``(e) Agreements.--Before carrying out BITMAP operations in a
foreign country that, as of the date of the enactment of this section,
was not a partner country described in this section, the Secretary,
with the concurrence of the Secretary of State, shall enter into an
agreement or arrangement with the government of such country that
outlines such operations in such country, including related
departmental operations. Such country shall be a partner country
described in this section pursuant to and for purposes of such
agreement or arrangement.
``(f) Notification to Congress.--Not later than 60 days before an
agreement with the government of a foreign country to carry out BITMAP
operations in such foreign country enters into force, the Secretary
shall provide the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate with a copy of the agreement to establish such
operations, which shall include--
``(1) the identification of the foreign country with which
the Secretary intends to enter into such an agreement;
``(2) the location at which such operations will be
conducted; and
``(3) the terms and conditions for Department personnel
operating at such location.''.
(b) Report.--Not later than 180 days after the date on which the
Biometric Identification Transnational Migration Alert Program (BITMAP)
is established under section 447 of the Homeland Security Act of 2002
(as added by subsection (a) of this section) and annually thereafter
for the following five years, the Secretary of Homeland Security shall
submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate a report that details the effectiveness of BITMAP
operations in enhancing national security, border security, and public
safety.
(c) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 446 the following new item:
``Sec. 447. Biometric Identification Transnational Migration Alert
Program.''.
SEC. 1123. BORDER AND PORT SECURITY TECHNOLOGY INVESTMENT PLAN.
(a) In General.--Not later than 180 days after the date of the
enactment of this section, the Commissioner, in consultation with
covered officials and border and port security technology stakeholders,
shall submit to the appropriate congressional committees a strategic 5-
year technology investment plan (in this section to be referred to as
the ``plan''). The plan may include a classified annex, if appropriate.
(b) Contents of Plan.--The plan shall include the following:
(1) An analysis of security risks with respect to ports of
entry along the northern and southern borders of the United
States.
(2) An identification of capability gaps with respect to
security at such ports of entry.
(3) An analysis of current and forecast trends relating to
the number of aliens who--
(A) unlawfully entered the United States by
crossing the northern or southern border of the United
States; or
(B) are unlawfully present in the United States.
(4) A description of security-related technology
acquisitions that are listed in order of priority to address
the security risks and capability gaps identified pursuant to
paragraphs (1) and (2), respectively.
(5) A description of each planned security-related
technology program, including objectives, goals, and timelines
for each such program.
(6) An identification of each deployed security-related
technology that is at or near the end of the life cycle of such
technology.
(7) A description of the test, evaluation, modeling, and
simulation capabilities, including target methodologies,
rationales, and timelines, necessary to support the acquisition
of security-related technologies pursuant to paragraph (4).
(8) An identification and assessment of ways to increase
opportunities for communication and collaboration with
industry, small and disadvantaged businesses, intra-government
entities, university centers of excellence, and national
laboratories to ensure CBP understands the market for security-
related technologies that are available to satisfy its mission
needs before engaging in an acquisition of a security-related
technology.
(9) An assessment of the management of planned security-
related technology programs by the acquisition workforce of
CBP.
(10) An identification of ways to leverage already-existing
acquisition expertise within the Federal Government.
(11) A description of the security resources, including
information security resources, that will be required to
protect security-related technology from physical or cyber
theft, diversion, sabotage, or attack.
(12) A description of initiatives to--
(A) streamline the acquisition process of CBP; and
(B) provide greater predictability and clarity,
with respect to such process, to small, medium, and
large businesses, including information relating to the
timeline for testing and evaluation.
(13) An assessment of the privacy and security impact on
border communities of security-related technology.
(14) In the case of a new acquisition leading to the
removal of equipment from a port of entry along the northern or
southern border of the United States, a strategy to consult
with industry and community stakeholders affected by such
removal.
(15) A strategy to consult with industry and community
stakeholders with respect to security impacts at a port of
entry described in paragraph (14).
(c) Leveraging the Private Sector.--To the extent practicable, the
plan shall--
(1) leverage to the greatest extent possible emerging
technological trends, and research and development trends,
within the public and private sectors;
(2) incorporate input from the private sector, including
from border and port security stakeholders, through requests
for information, industry day events, and other innovative
means consistent with the Federal Acquisition Regulation; and
(3) identify security-related technologies that are in
development or deployed, with or without adaptation, that may
satisfy the mission needs of CBP.
(d) Form.--To the extent practicable, the plan shall be published
in unclassified form on the website of the Department.
(e) Approval.--The Commissioner may not publish the plan until the
plan is approved by the Secretary.
(f) Disclosure.--The plan shall include a list of the names of
individuals not employed by the Federal Government who contributed to
the development of the plan.
(g) Update and Report.--Not later than the date that is two years
after the date on which the plan is submitted to the appropriate
congressional committees pursuant to subsection (a) and biennially
thereafter for ten years, the Commissioner shall submit to the
appropriate congressional committees--
(1) an update of the plan, if appropriate; and
(2) a report that includes--
(A) the extent to which each security-related
technology acquired by CBP since the initial submission
of the plan or most recent update of the plan, as the
case may be, is consistent with the planned technology
programs and projects identified pursuant to subsection
(b)(5); and
(B) the type of contract and the reason for
acquiring such security-related technology.
(h) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security of the House
of Representatives; and
(B) the Committee on Homeland Security and
Governmental Affairs of the Senate.
(2) Covered officials.--The term ``covered officials''
means--
(A) the Under Secretary for Management of the
Department;
(B) the Under Secretary for Science and Technology
of the Department; and
(C) the Chief Information Officer of the
Department.
(3) Unlawfully present.--The term ``unlawfully present''
has the meaning given such term in section 212(a)(9)(B)(ii) of
the Immigration and Nationality Act (8 U.S.C.
1182(a)(9)(B)(ii)).
SEC. 1124. COMMERCIAL SOLUTIONS OPENING ACQUISITION PROGRAM.
(a) Authority.--The Commissioner may carry out a program, to be
known as the ``commercial solutions opening acquisition program'' (in
this section referred to as the ``program''), under which commercial
items that are innovative may be acquired through a competitive
selection of proposals resulting from a general solicitation and peer
review of such proposals.
(b) Treatment as Competitive Procedures.--Use of general
solicitation competitive procedures for the program shall be considered
to be use of competitive procedures for purposes of division C of title
41, United States Code.
(c) Limitation.--The Commissioner may not enter into a contract
under the program for an amount in excess of $10,000,000.
(d) Guidance.--The Commissioner, in consultation with the Under
Secretary for Management of the Department, shall--
(1) issue guidance for the implementation of the program;
and
(2) post such guidance on a publicly available website of
CBP.
(e) Report.--
(1) In general.--The Commissioner shall submit to the
appropriate congressional committees a report relating to the
activities of the program as an addendum to the annual budget
request submission of the Commissioner.
(2) Elements.--Each report required under paragraph (1)
shall include--
(A) an assessment of the impact of the program with
respect to competition;
(B) a comparison of acquisition timelines of
procurements made using--
(i) the program; and
(ii) other competitive procedures that do
not rely on general solicitations; and
(C) a recommendation with respect to whether the
authority for the program should be extended beyond the
date of termination specified in subsection (f).
(f) Termination.--The program shall terminate on September 30,
2028.
(g) Definitions.--In this section:
(1) Competitive procedures.--The term ``competitive
procedures'' has the meaning given such term in section 152 of
title 41, United States Code.
(2) Innovative.--The term ``innovative'' means any new--
(A) technology, process, or method, including
research and development; or
(B) application of an existing technology, process,
or method.
SEC. 1125. U.S. CUSTOMS AND BORDER PROTECTION TECHNOLOGY UPGRADES.
(a) Secure Communications.--The Commissioner shall ensure that each
CBP officer or agent, if appropriate, is equipped with a secure radio
or other two-way communication device that allows each such officer or
agent to communicate--
(1) between ports of entry and inspection stations; and
(2) with other Federal, State, Tribal, and local law
enforcement entities.
(b) Border Security Deployment Program.--
(1) Expansion.--Not later than 1 year after the enactment
of this Act, the Commissioner shall fully implement the Border
Security Deployment Program of CBP and expand the integrated
surveillance and intrusion detection system at land ports of
entry along the northern and southern borders of the United
States.
(2) Authorization of appropriations.--In addition to
amounts otherwise authorized to be appropriated for such
purpose, there is authorized to be appropriated $33,000,000 for
fiscal years 2024 and 2025 to carry out paragraph (1).
(c) Upgrade of License Plate Readers at Ports of Entry.--
(1) Upgrade.--Not later than two years after the date of
the enactment of this section, the Commissioner shall upgrade
all existing license plate readers in need of upgrade, as
determined by the Commissioner, on the northern and southern
borders of the United States.
(2) Authorization of appropriations.--In addition to
amounts otherwise authorized to be appropriated for such
purpose, there is authorized to be appropriated $125,000,000
for fiscal years 2024 and 2025 to carry out paragraph (1).
(d) Biometric Exit Data System.--
(1) In general.--Subtitle B of title IV of the Homeland
Security Act of 2002 (6 U.S.C. 211 et seq.) is amended by
adding at the end the following new section:
``SEC. 420. BIOMETRIC EXIT DATA SYSTEM.
``(a) Establishment.--The Secretary shall--
``(1) not later than 180 days after the date of the
enactment of this section, submit to the Committee on Homeland
Security and the Committee on the Judiciary of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs and the Committee on the Judiciary of the
Senate an implementation plan to establish a biometric exit
data system to complete the integrated biometric entry and exit
data system required under section 7208 of the Intelligence
Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1365b),
including--
``(A) an integrated master schedule and cost
estimate, including requirements and design,
development, operational, and maintenance costs of such
a system, that takes into account prior reports on such
matters issued by the Government Accountability Office
and the Department;
``(B) cost-effective staffing and personnel
requirements of such a system that leverages existing
resources of the Department and takes into account
prior reports on such matters issued by the Government
Accountability Office and the Department;
``(C) a consideration of training programs
necessary to establish such a system that takes into
account prior reports on such matters issued by the
Government Accountability Office and the Department;
``(D) a consideration of how such a system will
affect arrival and departure wait times that takes into
account prior reports on such matters issued by the
Government Accountability Office and the Department;
``(E) a consideration of audit capability for
systems procured in partnership with the private sector
to achieve biometric exit;
``(F) information received after consultation with
the private sector, including the--
``(i) trucking industry;
``(ii) airport industry;
``(iii) airline industry;
``(iv) seaport industry;
``(v) travel industry; and
``(vi) biometric technology industry;
``(G) a consideration of how trusted traveler
programs in existence as of the date of the enactment
of this section may be impacted by, or incorporated
into, such a system;
``(H) defined metrics of success and milestones;
``(I) identified risks and mitigation strategies to
address such risks;
``(J) a consideration of how other countries have
implemented a biometric exit data system;
``(K) a consideration of stakeholder privacy
concerns; and
``(L) a list of statutory, regulatory, or
administrative authorities, if any, needed to integrate
such a system into the operations of the Transportation
Security Administration; and
``(2) not later than two years after the date of the
enactment of this section, establish a biometric exit data
system at--
``(A) the 15 United States airports that support
the highest volume of international air travel, as
determined by available Federal flight data;
``(B) the 10 United States seaports that support
the highest volume of international sea travel, as
determined by available Federal travel data; and
``(C) the 15 United States land ports of entry that
support the highest volume of vehicle, pedestrian, and
cargo crossings, as determined by available Federal
border crossing data.
``(b) Implementation.--
``(1) Pilot program at land ports of entry.--Not later than
six months after the date of the enactment of this section, the
Secretary, in collaboration with industry stakeholders
specified in subsection (a)(1)(F), shall establish a six-month
pilot program to test the biometric exit data system referred
to in subsection (a)(1) on nonpedestrian outbound traffic at
not fewer than three land ports of entry with significant
cross-border traffic, including at not fewer than two land
ports of entry on the southern land border and at least one
land port of entry on the northern land border. Such pilot
program may include a consideration of more than one biometric
mode, and shall be implemented to determine the following:
``(A) How a nationwide implementation of such
biometric exit data system at land ports of entry shall
be carried out.
``(B) The infrastructure required to carry out
subparagraph (A).
``(C) The effects of such pilot program on--
``(i) legitimate travel and trade;
``(ii) wait times, including processing
times, for such non-pedestrian traffic;
``(iii) combating terrorism; and
``(iv) identifying visa holders who violate
the terms of their visas.
``(2) At land ports of entry.--
``(A) In general.--Not later than five years after
the date of the enactment of this section, the
Secretary shall expand to all land ports of entry the
biometric exit data system established pursuant to
subsection (a)(2).
``(B) Extension.--The Secretary may extend for a
single two-year period the date specified in
subparagraph (A) if the Secretary certifies to the
Committee on Homeland Security and the Committee on the
Judiciary of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs
and the Committee on the Judiciary of the Senate that
the 15 land ports of entry that support the highest
volume of vehicle, pedestrian, and cargo crossings, as
determined by available Federal border crossing data,
do not have the physical infrastructure or
characteristics to install the systems necessary to
implement a biometric exit data system. Such extension
shall apply only in the case of nonpedestrian outbound
traffic at such land ports of entry.
``(3) At air and sea ports of entry.--Not later than five
years after the date of the enactment of this section, the
Secretary shall expand to all air and sea ports of entry the
biometric exit data system referred to in subsection (a)(2).
``(c) Effects on Air, Sea, and Land Transportation.--The Secretary,
in consultation with appropriate industry stakeholders, shall ensure
that the collection of biometric data under this section causes the
least possible disruption to the movement of people or cargo in air,
sea, or land transportation, while fulfilling the goals of improving
counterterrorism efforts and identifying visa holders who violate the
terms of their visas.
``(d) Termination of Proceeding.--Notwithstanding any other
provision of law, the Secretary shall, on the date of the enactment of
this section, terminate the proceeding entitled `Collection of Alien
Biometric Data Upon Exit From the United States at Air and Sea Ports of
Departure; United States Visitor and Immigrant Status Indicator
Technology Program (``US-VISIT'')', issued on April 24, 2008 (73 Fed.
Reg. 22065).
``(e) Data Matching.--The biometric exit data system established
under this section shall--
``(1) match biometric information for an individual,
regardless of nationality, citizenship, or immigration status,
who is departing the United States against biometric data
previously provided to the United States Government by such
individual for the purposes of international travel;
``(2) leverage the infrastructure and databases of the
current biometric entry and exit system established pursuant to
section 7208 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (8 U.S.C. 1365b) for the purpose
described in paragraph (1); and
``(3) be interoperable with, and allow matching against,
other Federal databases that--
``(A) store biometrics of known or suspected
terrorists; and
``(B) identify visa holders who violate the terms
of their visas.
``(f) Scope.--
``(1) In general.--The biometric exit data system
established under this section shall include a requirement for
the collection of biometric exit data at the time of departure
for all categories of individuals who are required by the
Secretary to provide biometric entry data.
``(2) Exception for certain other individuals.--This
section shall not apply in the case of an individual who exits
and then enters the United States on a passenger vessel (as
such term is defined in section 2101 of title 46, United States
Code) the itinerary of which originates and terminates in the
United States.
``(3) Exception for land ports of entry.--This section
shall not apply in the case of a United States or Canadian
citizen who exits the United States through a land port of
entry.
``(g) Collection of Data.--The Secretary may not require any non-
Federal person to collect biometric data, or contribute to the costs of
collecting or administering the biometric exit data system established
under this section, except through a mutual agreement.
``(h) Multimodal Collection.--In carrying out subsections (a)(1)
and (b), the Secretary shall make every effort to collect biometric
data using multiple modes of biometrics.
``(i) Facilities.--
``(1) In general.--All facilities at which the biometric
exit data system established under this section is implemented
shall provide and maintain space for Federal use that is
adequate to support biometric data collection and other
inspection-related activity.
``(2) Non-federal facilities.--With respect to each non-
Federal facility at which the biometric exit data system is
implemented pursuant to paragraph (1), the space required under
such paragraph shall be provided and maintained at no cost to
the Federal Government.
``(3) Land ports of entry.--With respect to each facility
at a land port of entry at which the biometric exit data system
is implemented pursuant to paragraph (1), the space required
under such paragraph shall be coordinated with the
Administrator of General Services.
``(j) Northern Land Border.--With respect to the northern land
border, the requirements under subsections (a)(2)(C), (b)(2)(A), and
(b)(3) may be achieved through the sharing of biometric data provided
to the Department by the Canadian Border Services Agency pursuant to
the 2011 Beyond the Border agreement.
``(k) Full and Open Competition.--The Secretary shall procure goods
and services to implement this section through full and open
competition in accordance with the Federal Acquisition Regulation.
``(l) Other Biometric Initiatives.--Nothing in this section may be
construed as limiting the authority of the Secretary to collect
biometric information in circumstances other than as specified in this
section.
``(m) Congressional Review.--Not later than 90 days after the date
of the enactment of this section, the Secretary shall submit to the
Committee on Homeland Security and the Committee on the Judiciary of
the House of Representatives and the Committee on Homeland Security and
Governmental Affairs and the Committee on the Judiciary of the Senate
reports and recommendations regarding the Directorate of Science and
Technology's Air Entry and Exit Re-Engineering Program and the U.S.
Customs and Border Protection entry and exit mobility program
demonstrations.
``(n) Savings Clause.--Nothing in this section may prohibit the
collection of user fees permitted by section 13031 of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c).''.
(2) Authorization of appropriations.--There is authorized
to be appropriated $50,000,000 for each of fiscal years 2024
and 2025 to carry out section 420 of the Homeland Security Act
of 2002, as added by this subsection.
(3) Clerical amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
inserting after the item relating to section 419 the following
new item:
``Sec. 420. Biometric exit data system.''.
SEC. 1126. NONINTRUSIVE INSPECTION OPERATIONS.
The Secretary shall fully implement the requirements of the
Securing America's Ports Act (Public Law 116-299; 6 U.S.C. 211 note).
SEC. 1127. HOMELAND SECURITY INVESTIGATIONS INNOVATION LAB.
(a) In General.--Subtitle E of title IV of the Homeland Security
Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the
following new section:
``SEC. 463. INNOVATION LAB.
``(a) Establishment.--
``(1) In general.--There is established within the
Department a program to be known as the `Homeland Security
Investigations Innovation Lab' (referred to in this section as
the `Innovation Lab').
``(2) Assistant director.--The Innovation Lab shall be
headed by an Assistant Director, who shall be appointed by the
Executive Associate Director of United States Immigration and
Customs Enforcement, Homeland Security Investigations.
``(b) Purpose.--The purpose of the Innovation Lab shall be to
improve investigative efficiency and mission-critical outcomes by
enhancing and streamlining data processing, agility, assessment,
visualization, and analysis of homeland security data, using innovative
and emerging technologies and best practices for design principles.
Innovation Lab efforts shall be informed by designated field agents and
analysts with relevant experience.
``(c) Co-Location.--The Secretary shall, if practicable, co-locate
Innovation Lab personnel and office space with other existing assets
of--
``(1) the Department, where possible; or
``(2) Federal facilities, where appropriate.
``(d) Composition.--The Innovation Lab shall be comprised of
personnel from the following:
``(1) Homeland Security Investigations of U.S. Immigration
and Customs Enforcement.
``(2) Other appropriate agencies as determined by the
Secretary.
``(3) The private sector (through advisory partnerships),
including developers with specializations in innovative and
emerging technology, backend architecture, or user interface
design.
``(4) Academic institutions (through advisory
partnerships), including members from the Department of
Homeland Security Centers of Excellence.
``(e) Prioritization.--The Innovation Lab shall prioritize new
projects based on communicated investigative challenges experienced by
each Homeland Security Investigations field office. Such communication
may be incorporated in existing annual threat analyses conducted by
Homeland Security Investigations.
``(f) Nonapplicability of FACA.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the Innovation Lab.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated $24,700,000 for fiscal year 2024 and $27,700,000 for
fiscal year 2025 to carry out this section.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 462 the following new item:
``Sec. 463. Innovation lab.''.
SEC. 1128. REPORT ON STANDARDS AND GUIDELINES FOR MANAGING PORTS OF
ENTRY UNDER THE CONTROL OF THE DEPARTMENT OF HOMELAND
SECURITY.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security, in
coordination with the Secretary of Commerce, shall submit to the
Committee on Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the Senate a
report that contains an assessment of the standards and guidelines for
managing ports of entry under the control of the Department of Homeland
Security. Such assessment shall include information relating to the
following:
(1) Staffing levels and need for additional staffing.
(2) Rules governing the actions of Office of Field
Operations officers.
(3) Average delays for transit through air, land, and sea
ports of entry.
(4) Assessment of existing efforts and technologies used
for border security, and the effect of the use of such efforts
and technologies on facilitating trade at ports of entry and
their impact on civil rights, private property rights, privacy
rights, and civil liberties.
(5) Economic impact of the policies and practices of CBP
Agricultural Specialists and Office of Field Operations
personnel.
(6) Physical infrastructure and technological needs at
ports of entry.
(7) Data reflecting the specific needs of geographically
separate ports of entry within the same U.S. Border Patrol
sector.
(b) Report on Port Runners.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Homeland Security shall
submit a report that contains an assessment of instances of ``Port
Running'', or departing the United States before officers can conclude
traveler inspections, which shall include recommendations for new
security enhancements, including traffic barricades, to slow and deter
individuals from leaving the United States without authorization.
Subtitle B--Personnel
SEC. 1141. ADDITIONAL U.S. CUSTOMS AND BORDER PROTECTION PERSONNEL.
(a) Border Patrol Agents.--Not later than September 30, 2025, the
Commissioner shall hire, train, and assign agents to maintain an active
duty presence of--
(1) not fewer than 22,478 full-time equivalent CBP agents;
and
(2) not fewer than 1,200 CBP processing coordinators.
(b) CBP Officers.--In addition to positions authorized before the
date of the enactment of this section and any existing officer
vacancies within CBP as of such date, the Commissioner shall, not later
than September 30, 2025, hire, train, and assign to duty sufficient CBP
officers to maintain an active duty presence of--
(1) not fewer than 27,725 full-time equivalent officers;
and
(2) the required associated full-time support staff
distributed among all United States ports of entry.
(c) Air and Marine Operations.--Not later than September 30, 2025,
the Commissioner shall hire, train, and assign agents for Air and
Marine Operations of CBP to maintain not fewer than 1,675 full-time
equivalent agents.
(d) CBP K-9 Units and Handlers.--
(1) K-9 units.--Not later than September 30, 2025, the
Commissioner shall deploy not fewer than 200 new K-9 units,
with supporting officers of CBP and other required staff, at
land ports of entry and checkpoints, along the northern and
southern borders of the United States.
(2) Use of canines.--The Commissioner shall prioritize the
use of K-9 units at the primary inspection lanes at land ports
of entry and checkpoints.
(e) CBP Tunnel Detection and Remediation.--Not later than September
30, 2025, the Commissioner shall increase by not fewer than 50 the
number of CBP officers assisting task forces and activities related
to--
(1) the deployment and operation of border tunnel detection
technology;
(2) the apprehension of individuals using such tunnels
for--
(A) unlawfully entering the United States;
(B) drug trafficking; or
(C) human smuggling; and
(3) the remediation of such illicit tunnels.
(f) Agricultural Specialists.--In addition to the officers and
agents authorized under subsections (a) through (e), by September 30,
2025, the Commissioner shall carry out section 4 of the Protecting
America's Food and Agriculture Act of 2019 (Public Law 116-122; 6
U.S.C. 211 note).
(g) U.S. Customs and Border Protection Office of Intelligence.--Not
later than September 30, 2025, the Commissioner shall hire, train, and
assign sufficient Office of Intelligence personnel to maintain not
fewer than 500 full-time equivalent employees.
(h) GAO Report.--If the staffing levels required under this section
are not achieved by September 30, 2025, the Comptroller General of the
United States shall conduct a review of the reasons why such levels
were not achieved.
SEC. 1142. U.S. CUSTOMS AND BORDER PROTECTION RETENTION INCENTIVES.
(a) In General.--Chapter 97 of title 5, United States Code, is
amended by adding at the end the following:
``Sec. 9702. U.S. Customs and Border Protection temporary employment
authorities
``(a) Definitions.--In this section--
``(1) the term `appropriate congressional committees' means
the Committee on Oversight and Government Reform, the Committee
on Homeland Security, and the Committee on Ways and Means of
the House of Representatives and the Committee on Homeland
Security and Governmental Affairs and the Committee on Finance
of the Senate;
``(2) the term `CBP employee' means an employee of U.S.
Customs and Border Protection described under any of
subsections (a) through (h) of section 1134 of the Border
Security for America Act;
``(3) the term `Commissioner' means the Commissioner of
U.S. Customs and Border Protection;
``(4) the term `Director' means the Director of the Office
of Personnel Management; and
``(5) the term `Secretary' means the Secretary of Homeland
Security.
``(b) Direct Hire Authority; Recruitment and Relocation Bonuses;
Retention Bonuses.--
``(1) Statement of purpose and limitation.--The purpose of
this subsection is to allow U.S. Customs and Border Protection
to expeditiously meet the hiring goals and staffing levels
required by the Border Security for America Act. The Secretary
shall not use this authority beyond meeting the requirements of
such section.
``(2) Direct hire authority.--The Secretary may appoint,
without regard to any provision of sections 3309 through 3319,
candidates to positions in the competitive service as CBP
employees if the Secretary has given public notice for the
positions.
``(3) Recruitment and relocation bonuses.--The Secretary
may pay a recruitment or relocation bonus of up to 50 percent
of the annual rate of basic pay to an individual CBP employee
at the beginning of the service period multiplied by the number
of years (including a fractional part of a year) in the
required service period to an individual (other than an
individual described in subsection (a)(2) of section 5753) if--
``(A) the Secretary determines that conditions
consistent with the conditions described in paragraphs
(1) and (2) of subsection (b) of such section 5753 are
satisfied with respect to the individual (without
regard to the regulations referenced in subsection
(b)(2)(B)(ii)(I) of such section or to any other
provision of that section); and
``(B) the individual enters into a written service
agreement with the Secretary--
``(i) under which the individual is
required to complete a period of employment as
a CBP employee of not less than 2 years; and
``(ii) that includes--
``(I) the commencement and
termination dates of the required
service period (or provisions for the
determination thereof);
``(II) the amount of the bonus; and
``(III) other terms and conditions
under which the bonus is payable,
subject to the requirements of this
subsection, including--
``(aa) the conditions under
which the agreement may be
terminated before the agreed-
upon service period has been
completed; and
``(bb) the effect of a
termination described in item
(aa).
``(4) Retention bonuses.--The Secretary may pay a retention
bonus of up to 50 percent of basic pay to an individual CBP
employee (other than an individual described in subsection
(a)(2) of section 5754) if--
``(A) the Secretary determines that--
``(i) a condition consistent with the
condition described in subsection (b)(1) of
such section 5754 is satisfied with respect to
the CBP employee (without regard to any other
provision of that section); and
``(ii) in the absence of a retention bonus,
the CBP employee would be likely to leave--
``(I) the Federal service; or
``(II) for a different position in
the Federal service, including a
position in another agency or component
of the Department of Homeland Security;
and
``(B) the individual enters into a written service
agreement with the Secretary--
``(i) under which the individual is
required to complete a period of employment as
a CBP employee of not less than 2 years; and
``(ii) that includes--
``(I) the commencement and
termination dates of the required
service period (or provisions for the
determination thereof);
``(II) the amount of the bonus; and
``(III) other terms and conditions
under which the bonus is payable,
subject to the requirements of this
subsection, including--
``(aa) the conditions under
which the agreement may be
terminated before the agreed-
upon service period has been
completed; and
``(bb) the effect of a
termination described in item
(aa).
``(5) Rules for bonuses.--
``(A) Maximum bonus.--A bonus paid to an employee
under--
``(i) paragraph (3) may not exceed 100
percent of the annual rate of basic pay of the
employee as of the commencement date of the
applicable service period; and
``(ii) paragraph (4) may not exceed 50
percent of the annual rate of basic pay of the
employee.
``(B) Relationship to basic pay.--A bonus paid to
an employee under paragraph (3) or (4) shall not be
considered part of the basic pay of the employee for
any purpose, including for retirement or in computing a
lump-sum payment to the covered employee for
accumulated and accrued annual leave under section 5551
or section 5552.
``(C) Period of service for recruitment,
relocation, and retention bonuses.--
``(i) A bonus paid to an employee under
paragraph (4) may not be based on any period of
such service which is the basis for a
recruitment or relocation bonus under paragraph
(3).
``(ii) A bonus paid to an employee under
paragraph (3) or (4) may not be based on any
period of service which is the basis for a
recruitment or relocation bonus under section
5753 or a retention bonus under section 5754.
``(c) Special Rates of Pay.--In addition to the circumstances
described in subsection (b) of section 5305, the Director may establish
special rates of pay in accordance with that section to assist the
Secretary in meeting the requirements of the Border Security for
America Act. The Director shall prioritize the consideration of
requests from the Secretary for such special rates of pay and issue a
decision as soon as practicable. The Secretary shall provide such
information to the Director as the Director deems necessary to evaluate
special rates of pay under this subsection.
``(d) OPM Oversight.--
``(1) Not later than September 30 of each year, the
Secretary shall provide a report to the Director on U.S. Custom
and Border Protection's use of authorities provided under
subsections (b) and (c). In each report, the Secretary shall
provide such information as the Director determines is
appropriate to ensure appropriate use of authorities under such
subsections. Each report shall also include an assessment of--
``(A) the impact of the use of authorities under
subsections (b) and (c) on implementation of section
1134 of the Border Security for America Act;
``(B) solving hiring and retention challenges at
the agency, including at specific locations;
``(C) whether hiring and retention challenges still
exist at the agency or specific locations; and
``(D) whether the Secretary needs to continue to
use authorities provided under this section at the
agency or at specific locations.
``(2) Consideration.--In compiling a report under paragraph
(1), the Secretary shall consider--
``(A) whether any CBP employee accepted an
employment incentive under subsections (b) and (c) and
then transferred to a new location or left U.S. Customs
and Border Protection; and
``(B) the length of time that each employee
identified under subparagraph (A) stayed at the
original location before transferring to a new location
or leaving U.S. Customs and Border Protection.
``(3) Distribution.--In addition to the Director, the
Secretary shall submit each report required under this
subsection to the appropriate congressional committees.
``(e) OPM Action.--If the Director determines the Secretary has
inappropriately used authorities under subsection (b) or a special rate
of pay provided under subsection (c), the Director shall notify the
Secretary and the appropriate congressional committees in writing. Upon
receipt of the notification, the Secretary may not make any new
appointments or issue any new bonuses under subsection (b), nor provide
CBP employees with further special rates of pay, until the Director has
provided the Secretary and the appropriate congressional committees a
written notice stating the Director is satisfied safeguards are in
place to prevent further inappropriate use.
``(f) Improving CBP Hiring and Retention.--
``(1) Education of cbp hiring officials.--Not later than
180 days after the date of the enactment of this section, and
in conjunction with the Chief Human Capital Officer of the
Department of Homeland Security, the Secretary shall develop
and implement a strategy to improve the education regarding
hiring and human resources flexibilities (including hiring and
human resources flexibilities for locations in rural or remote
areas) for all employees, serving in agency headquarters or
field offices, who are involved in the recruitment, hiring,
assessment, or selection of candidates for locations in a rural
or remote area, as well as the retention of current employees.
``(2) Elements.--Elements of the strategy under paragraph
(1) shall include the following:
``(A) Developing or updating training and
educational materials on hiring and human resources
flexibilities for employees who are involved in the
recruitment, hiring, assessment, or selection of
candidates, as well as the retention of current
employees.
``(B) Regular training sessions for personnel who
are critical to filling open positions in rural or
remote areas.
``(C) The development of pilot programs or other
programs, as appropriate, consistent with authorities
provided to the Secretary to address identified hiring
challenges, including in rural or remote areas.
``(D) Developing and enhancing strategic recruiting
efforts through the relationships with institutions of
higher education, as defined in section 102 of the
Higher Education Act of 1965 (20 U.S.C. 1002), veterans
transition and employment centers, and job placement
program in regions that could assist in filling
positions in rural or remote areas.
``(E) Examination of existing agency programs on
how to most effectively aid spouses and families of
individuals who are candidates or new hires in a rural
or remote area.
``(F) Feedback from individuals who are candidates
or new hires at locations in a rural or remote area,
including feedback on the quality of life in rural or
remote areas for new hires and their families.
``(G) Feedback from CBP employees, other than new
hires, who are stationed at locations in a rural or
remote area, including feedback on the quality of life
in rural or remote areas for those CBP employees and
their families.
``(H) Evaluation of Department of Homeland Security
internship programs and the usefulness of those
programs in improving hiring by the Secretary in rural
or remote areas.
``(3) Evaluation.--
``(A) In general.--Each year, the Secretary shall--
``(i) evaluate the extent to which the
strategy developed and implemented under
paragraph (1) has improved the hiring and
retention ability of the Secretary; and
``(ii) make any appropriate updates to the
strategy under paragraph (1).
``(B) Information.--The evaluation conducted under
subparagraph (A) shall include--
``(i) any reduction in the time taken by
the Secretary to fill mission-critical
positions, including in rural or remote areas;
``(ii) a general assessment of the impact
of the strategy implemented under paragraph (1)
on hiring challenges, including in rural or
remote areas; and
``(iii) other information the Secretary
determines relevant.
``(g) Inspector General Review.--Not later than two years after the
date of the enactment of this section, the Inspector General of the
Department of Homeland Security shall review the use of hiring and pay
flexibilities under subsections (b) and (c) to determine whether the
use of such flexibilities is helping the Secretary meet hiring and
retention needs, including in rural and remote areas.
``(h) Exercise of Authority.--
``(1) Sole discretion.--The exercise of authority under
subsection (b) shall be subject to the sole and exclusive
discretion of the Secretary (or the Commissioner, as applicable
under paragraph (2) of this subsection), notwithstanding
chapter 71 and any collective bargaining agreement.
``(2) Delegation.--The Secretary may delegate any authority
under this section to the Commissioner.
``(i) Rule of Construction.--Nothing in this section shall be
construed to exempt the Secretary or the Director from applicability of
the merit system principles under section 2301.
``(j) Sunset.--The authorities under subsections (b) and (c) shall
terminate on September 30, 2028. Any bonus to be paid pursuant to
subsection (b) that is approved before such date may continue until
such bonus has been paid, subject to the conditions specified in this
section.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 97 of title 5, United States Code, is amended by adding at the
end the following:
``9702. U.S. Customs and Border Protection temporary employment
authorities.''.
SEC. 1143. ANTI-BORDER CORRUPTION ACT REAUTHORIZATION.
(a) Hiring Flexibility.--Section 3 of the Anti-Border Corruption
Act of 2010 (6 U.S.C. 221; Public Law 111-376) is amended by striking
subsection (b) and inserting the following new subsections:
``(b) Waiver Authority.--The Commissioner of U.S. Customs and
Border Protection may waive the application of subsection (a)(1)--
``(1) to a current, full-time law enforcement officer
employed by a State or local law enforcement agency who--
``(A) has continuously served as a law enforcement
officer for not fewer than three years;
``(B) is authorized by law to engage in or
supervise the prevention, detection, investigation, or
prosecution of, or the incarceration of any person for,
any violation of law, and has statutory powers for
arrest or apprehension;
``(C) is not currently under investigation, has not
been found to have engaged in criminal activity or
serious misconduct, has not resigned from a law
enforcement officer position under investigation or in
lieu of termination, and has not been dismissed from a
law enforcement officer position; and
``(D) 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) to a current, full-time Federal law enforcement
officer who--
``(A) has continuously served as a law enforcement
officer for not fewer than three years;
``(B) is authorized to make arrests, conduct
investigations, conduct searches, make seizures, carry
firearms, and serve orders, warrants, and other
processes;
``(C) is not currently under investigation, has not
been found to have engaged in criminal activity or
serious misconduct, has not resigned from a law
enforcement officer position under investigation or in
lieu of termination, and has not been dismissed from a
law enforcement officer position; and
``(D) holds a current Tier 4 background
investigation or current Tier 5 background
investigation; and
``(3) to a member of the Armed Forces (or a reserve
component thereof) or a veteran, if such individual--
``(A) has served in the Armed Forces for not fewer
than three years;
``(B) holds, or has held within the past five
years, a Secret, Top Secret, or Top Secret/Sensitive
Compartmented Information clearance;
``(C) holds, or has undergone within the past five
years, a current Tier 4 background investigation or
current Tier 5 background investigation;
``(D) received, or is eligible to receive, an
honorable discharge from service in the Armed Forces
and has not engaged in criminal activity or committed a
serious military or civil offense under the Uniform
Code of Military Justice; and
``(E) was not granted any waivers to obtain the
clearance referred to in subparagraph (B).
``(c) Termination of Waiver Authority.--The authority to issue a
waiver under subsection (b) shall terminate on the date that is four
years after the date of the enactment of the Border Security for
America Act.''.
(b) Supplemental Commissioner Authority and Definitions.--
(1) Supplemental commissioner authority.--The Anti-Border
Corruption Act of 2010 is amended by adding at the end the
following new section:
``SEC. 5. SUPPLEMENTAL COMMISSIONER AUTHORITY.
``(a) Nonexemption.--An individual who receives a waiver under
section 3(b) 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 section 3(b) who holds a current Tier 4 background
investigation shall be subject to a Tier 5 background investigation.
``(c) Administration of Polygraph Examination.--The Commissioner of
U.S. Customs and Border Protection is authorized to administer a
polygraph examination to an applicant or employee who is eligible for
or receives a waiver under section 3(b) if information is discovered
before the completion of a background investigation that results in a
determination that a polygraph examination is necessary to make a final
determination regarding suitability for employment or continued
employment, as the case may be.''.
(2) Report.--The Anti-Border Corruption Act of 2010, as
amended by paragraph (1), is further amended by adding at the
end the following new section:
``SEC. 6. REPORTING.
``(a) Annual Report.--Not later than one year after the date of the
enactment of this section and annually thereafter while the waiver
authority under section 3(b) is in effect, the Commissioner of U.S.
Customs and Border Protection shall submit to Congress a report that
includes, with respect to each such reporting period--
``(1) the number of waivers requested, granted, and denied
under such 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; and
``(6) additional authorities needed by U.S. Customs and
Border Protection to better utilize the polygraph waiver
program for its intended goals.
``(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).''.
(3) Definitions.--The Anti-Border Corruption Act of 2010,
as amended by paragraphs (1) and (2), is further amended by
adding at the end the following new section:
``SEC. 7. DEFINITIONS.
``In this Act:
``(1) Federal law enforcement officer.--The term `Federal
law enforcement officer' means a `law enforcement officer', as
such term is defined in section 8331(20) or 8401(17) of title
5, United States Code.
``(2) Serious military or civil offense.--The term `serious
military or civil offense' means an offense for which--
``(A) a member of the Armed Forces may be
discharged or separated from service in the Armed
Forces; and
``(B) a punitive discharge is, or would be,
authorized for the same or a closely related offense
under the Manual for Court-Martial, as pursuant to Army
Regulation 635-200, chapter 14-12.
``(3) Tier 4; tier 5.--The terms `Tier 4' and `Tier 5' with
respect to background investigations have the meaning given
such terms under the 2012 Federal Investigative Standards.
``(4) Veteran.--The term `veteran' has the meaning given
such term in section 101(2) of title 38, United States Code.''.
(c) Polygraph Examiners.--Not later than September 30, 2025, the
Secretary shall increase to not fewer than 150 the number of trained
full-time equivalent polygraph examiners for administering polygraphs
under the Anti-Border Corruption Act of 2010, as amended by this
section.
SEC. 1144. TRAINING FOR OFFICERS AND AGENTS OF U.S. CUSTOMS AND BORDER
PROTECTION.
(a) In General.--Subsection (l) of section 411 of the Homeland
Security Act of 2002 (6 U.S.C. 211) is amended to read as follows:
``(l) Training and Continuing Education.--
``(1) Mandatory training.--The Commissioner shall ensure
that every agent and officer of U.S. Customs and Border
Protection receives a minimum of 21 weeks of training that are
directly related to the mission of the U.S. Border Patrol, Air
and Marine, and the Office of Field Operations before the
initial assignment of such agents and officers.
``(2) FLETC.--The Commissioner shall work in consultation
with the Director of the Federal Law Enforcement Training
Centers to establish guidelines and curriculum for the training
of agents and officers of U.S. Customs and Border Protection
under subsection (a).
``(3) Continuing education.--The Commissioner shall
annually require all agents and officers of U.S. Customs and
Border Protection who are required to undergo training under
subsection (a) to participate in not fewer than eight hours of
continuing education annually to maintain and update
understanding of Federal legal rulings, court decisions, and
Department policies, procedures, and guidelines related to
relevant subject matters.
``(4) Leadership training.--Not later than one year after
the date of the enactment of this subsection, the Commissioner
shall develop and require training courses geared towards the
development of leadership skills for mid- and senior-level
career employees not later than one year after such employees
assume duties in supervisory roles.''.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Commissioner shall submit to the Committee
on Homeland Security and the Committee on Ways and Means of the House
of Representatives and the Committee on Homeland Security and
Governmental Affairs and the Committee on Finance of the Senate a
report identifying the guidelines and curriculum established to carry
out subsection (l) of section 411 of the Homeland Security Act of 2002,
as amended by subsection (a) of this section.
(c) Assessment.--Not later than four 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 the Committee on
Ways and Means of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs and the Committee on Finance
of the Senate a report that assesses the training and education,
including continuing education, required under subsection (l) of
section 411 of the Homeland Security Act of 2002, as amended by
subsection (a) of this section.
SEC. 1145. ESTABLISHMENT OF WORKLOAD STAFFING MODELS FOR U.S. BORDER
PATROL AND AIR AND MARINE OPERATIONS OF CBP.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Commissioner, in coordination with the Under
Secretary for Management, the Chief Human Capital Officer, and the
Chief Financial Officer of the Department, shall implement a workload
staffing model for each of the following:
(1) The U.S. Border Patrol.
(2) Air and Marine Operations of CBP.
(b) Responsibilities of the Commissioner of CBP.--Subsection (c) of
section 411 of the Homeland Security Act of 2002 (6 U.S.C. 211), is
amended--
(1) by redesignating paragraphs (18) and (19) as paragraphs
(20) and (21), respectively; and
(2) by inserting after paragraph (17) the following new
paragraphs:
``(18) implement a staffing model that includes
consideration for essential frontline operator activities and
functions, variations in operating environments, present and
planned infrastructure, present and planned technology, and
required operations support levels for the U.S. Border Patrol,
Air and Marine Operations, and the Office of Field Operations,
to manage and assign personnel of such entities to ensure field
and support posts possess adequate resources to carry out
duties specified in this section;
``(19) develop standard operating procedures for a
workforce tracking system within the U.S. Border Patrol, Air
and Marine Operations, and the Office of Field Operations,
train the workforce of each of such entities on the use,
capabilities, and purpose of such system, and implement
internal controls to ensure timely and accurate scheduling and
reporting of actual completed work hours and activities;''.
(c) Report.--
(1) In general.--Not later than one year after the date of
the enactment of this section with respect to subsection (a)
and paragraphs (18) and (19) of section 411(c) of the Homeland
Security Act of 2002 (as amended by subsection (b)), and
annually thereafter with respect to such paragraphs (18) and
(19), the Secretary shall submit to the appropriate
congressional committees a report that includes a status update
on--
(A) the implementation of such subsection (a) and
such paragraphs (18) and (19); and
(B) each relevant workload staffing model.
(2) Data sources and methodology required.--Each report
required under paragraph (1) shall include information relating
to the data sources and methodology used to generate such
staffing models.
(d) Inspector General Review.--Not later than 120 days after the
Commissioner develops the workload staffing models pursuant to
subsection (a), the Inspector General of the Department shall review
such model and provide feedback to the Secretary and the appropriate
congressional committees with respect to the degree to which such model
is responsive to the recommendations of the Inspector General,
including--
(1) recommendations from the Inspector General's February
2019 audit; and
(2) any further recommendations to improve such model.
(e) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Homeland Security of the House of
Representatives; and
(2) the Committee on Homeland Security and Governmental
Affairs of the Senate.
SEC. 1146. U.S. BORDER PATROL PROCESSING COORDINATOR POSITIONS.
(a) Processing Coordinators.--The Commissioner of U.S. Customs and
Border Protection is authorized to hire and train U.S. Border Patrol
Processing Coordinators to operate within the U.S. Border Patrol to--
(1) perform administrative tasks related to the intake and
processing of individuals apprehended by U.S. Border Patrol
agents, where necessary;
(2) transport individuals in U.S. Border Patrol custody,
where necessary; and
(3) perform custodial watch duties of individuals in such
custody, including individuals who have been admitted to a
hospital.
(b) Clarified Authorities.--A U.S. Border Patrol Processing
Coordinator hired under subsection (a) may not arrest or otherwise
detain any person as described in section 235, 236, or 287(a), of the
Immigration and Nationality Act (8 U.S.C. 1225, 1226, and 1357(a)), and
such a Coordinator may not conduct any interview under section
235(b)(1)(B) of the Immigration and Nationality Act (8 U.S.C.
1225(b)(1)(B)).
(c) Training.--The Commissioner of U.S. Customs and Border
Protection, in coordination with the Chief of the U.S. Border Patrol
and in consultation with the Director of the Federal Law Enforcement
Training Centers, shall develop tailored training for U.S. Border
Patrol Processing Coordinators.
(d) Associated Support Staff.--The Commissioner of U.S. Customs and
Border Protection is authorized to hire appropriate professional
support staff to facilitate the hiring, training, and other support
functions required by U.S. Border Patrol Processing Coordinators.
(e) Biannual Reports.--Not later than 180 days after the date of
the enactment of this Act and biannually thereafter for the following
two years, the Secretary of Homeland Security shall submit to the
Committee on Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the Senate a
report regarding each U.S. Border Patrol sector that includes
information relating to the following:
(1) The number of U.S. Border Patrol Processing
Coordinators assigned to each such sector.
(2) The degree to which the responsibilities described in
subsection (a) have been transferred from U.S. Border Patrol
agents to U.S. Border Patrol Processing Coordinators.
(3) The percentage of U.S. Border Patrol agents who
returned to field operations as a result of U.S. Border Patrol
Processing Coordinators undertaking the responsibilities
described in subsection (a).
SEC. 1147. ESTABLISHMENT OF HIGHER MINIMUM RATES OF PAY FOR UNITED
STATES BORDER PATROL AGENTS.
(a) Higher Minimum Rate of Pay.--Not later than 180 days after the
enactment of this Act, the Director of the Office of Personnel
Management--
(1) shall, in accordance with section 5305 of title 5,
United States Code--
(A) increase the minimum rate of pay for United
States Border Patrol agents at the grade GS-12 of the
General Schedule by not less than 14 percent; and
(B) increase other grades or levels, occupational
groups, series, classes, or subdivisions thereof, as
determined by the Secretary of Homeland Security;
(2) take such actions as may be necessary to harmonize--
(A) pay levels for U.S. Border Patrol agents and
CBP officers at each pay scale in a manner so as to
ensure greater or the same level of pay; and
(B) such other pay incentives and overtime scales;
and
(3) may make increases in all rates in the pay range for
each such grade or level, in accordance with such section 5305.
(b) Inapplicability.--The discretion granted to agency heads under
section 5305(a)(2) of title 5, United States Code, shall not apply to
increase in rates of pay authorized under subsection (a).
SEC. 1148. BODY WORN CAMERA PILOT PROGRAM AUTHORIZATION.
The Body Worn Camera Pilot Program referred to in H. Rept. 116-458,
Department of Homeland Security Appropriations Act, 2021, shall be
authorized for 5 fiscal years after the date of enactment of this Act.
SEC. 1149. PROTECTING SENSITIVE LOCATIONS.
(a) Short Title.--This section may be cited as the ``Protecting
Sensitive Locations Act''.
(b) Powers of Immigration Officers and Employees at Protected
Areas.--
(1) In general.--Section 287 of the Immigration and
Nationality Act (8 U.S.C. 1357) is amended by adding at the end
the following:
``(i)(1) Except as otherwise provided, an officer or an agent of
the U.S. Immigration and Customs Enforcement or the U.S. Customs and
Border Protection may not take an immigration enforcement action in or
near a protected area.
``(2) Paragraph (1) does not apply--
``(A) whenever prior approval has been obtained; or
``(B) under exigent circumstances (including, but not
limited to, an immigration enforcement action that involves a
national security threat, the hot pursuit of an individual who
poses a public safety threat, or the hot pursuit of an
individual who was observed crossing the border; that involves
the imminent risk of death, violence, or physical harm to a
person or the imminent risk that evidence material to a
criminal case will be destroyed; or where a safe alternative
location does not exist).
``(3) When taking an immigration enforcement action in or near a
protected area, an officer or an agent of U.S. Immigration and Customs
Enforcement or U.S. Customs and Border Protection shall, to the fullest
extent possible--
``(A) take the immigration enforcement action in a non-
public area or in a manner that minimizes the effect on another
person who is accessing the protected area;
``(B) limit the time spent in or near the protected area;
and
``(C) limit the immigration enforcement action to the
person who is the subject of such enforcement action.
``(4) If an immigration enforcement action is taken due to exigent
circumstances, the officer of agent shall inform the Director of U.S.
Immigration and Customs Enforcement (or the Director's designee) or the
Commissioner of U.S. Customs and Border Protection (or the
Commissioner's designee) as the case may be, as soon as practical
thereafter.
``(5)(A) At the time the budget of the President is submitted to
Congress for a fiscal year under section 1105(a) of title 31, United
States Code, the Secretary of Homeland Security shall submit to the
appropriate committees of Congress a report on the immigration
enforcement actions in or near a protected area that U.S. Immigration
and Customs Enforcement and U.S. Customs and Border Protection
undertook during the preceding fiscal year.
``(B) Each report submitted pursuant to subparagraph (A) shall set
forth the following:
``(i) The number of immigration enforcement actions that
occurred in or near a protected area.
``(ii) The number of immigration enforcement actions where
officers or agents were subsequently led into or near a
protected area.
``(iii) The component responsible for each immigration
enforcement action that occurred in or near a protected area.
``(iv) A summary of each immigration enforcement action
that occurred in or near a protected area, excluding any
personally identifiable information linked to an individual.
``(v) The number of individuals, if any, whom U.S.
Immigration and Customs Enforcement and U.S. Customs and Border
Protection arrested or took into custody through each
immigration enforcement action that occurred in or near a
protected area.
``(vi) The number of instances during an immigration
enforcement action in or near a protected area for which prior
approval was obtained.
``(6) In this subsection:
``(A) The term `appropriate committees of Congress' means--
``(i) the Committee on Homeland Security and
Governmental Affairs of the Senate;
``(ii) the Committee on the Judiciary of the
Senate;
``(iii) the Committee on Homeland Security of the
House of Representatives;
``(iv) the Committee on the Judiciary of the House
of Representatives;
``(v) the Committee on Appropriations of the House
of Representatives; and
``(vi) the Committee on Appropriations of the
Senate.
``(B) The term `immigration enforcement action' means an
arrest, search, service of a subpoena or a notice to appear in
immigration court, or other immigration enforcement action.
``(C) The term `prior approval' means--
``(i) in the case of an immigration enforcement
action that an officer or an agent of U.S. Immigration
and Customs Enforcement will take, prior written
approval from the Director (or the Director's
designee); and
``(ii) in the case of an immigration enforcement
action that an officer or an agent of U.S. Customs and
Border Protection will take, prior written approval
from the Commissioner (or the Commissioner's designee).
``(D) The term `protected area' includes a structure or a
place that provides essential services or at which a person
would engage in an essential activity, including--
``(i) any school;
``(ii) any medical facility, a mental health
facility, or other health care facility;
``(iii) any place of worship or religious study,
whether in a structure dedicated to activities of faith
or a temporary facility or location where such
activities are taking place;
``(iv) any structure or place, the purpose of which
is for children to gather;
``(v) any structure or place, the purpose of which
is to provide social services;
``(vi) any structure or place, the purpose of which
is to provide disaster or emergency assistance or
emergency relief;
``(vii) a place where a funeral, graveside
ceremony, rosary, wedding, or other religious or civil
ceremonies or observances occur; or
``(viii) place where there is an ongoing parade,
demonstration, or rally.
``(7) For the purposes of this subsection, the Secretary of
Homeland Security shall promulgate guidance, in the exercise of his
discretion, on the physical distance that constitutes in or near a
protected area.''.
(2) Guidance.--Nothing in this section (or the amendments
therein) shall be construed to--
(A) supersede or rescind the Guidance on
Enforcement Actions in or Near Protected Areas that the
Secretary of Homeland Security published on October 27,
2021;
(B) supersede or rescind any Department of Homeland
Security guidance that was in effect on the date of
enactment of this Act; or
(C) compel the Secretary of Homeland Security to
amend or issue guidance, except that the Secretary may
amend guidance to comport with this section.
Subtitle C--Grants
SEC. 1161. OPERATION STONEGARDEN.
(a) In General.--Subtitle A of title XX of the Homeland Security
Act of 2002 (6 U.S.C. 601 et seq.) is amended by adding at the end the
following new section:
``SEC. 2009A. OPERATION STONEGARDEN.
``(a) Establishment.--There is established in the Department a
program to be known as `Operation Stonegarden', under which the
Secretary, acting through the Administrator, shall make grants to
eligible law enforcement agencies, through the State administrative
agency, to enhance border security in accordance with this section.
``(b) Eligible Recipients.--To be eligible to receive a grant under
this section, a law enforcement agency--
``(1) shall be located in--
``(A) a State bordering Canada or Mexico; or
``(B) a State or territory with a maritime border;
and
``(2) shall be involved in an active, ongoing, U.S. Customs
and Border Protection operation coordinated through a U.S.
Border Patrol sector office.
``(c) Permitted Uses.--The recipient of a grant under this section
may use such grant for--
``(1) equipment, including maintenance and sustainment
costs;
``(2) personnel, including overtime and backfill, in
support of enhanced border law enforcement activities;
``(3) any activity permitted for Operation Stonegarden
under the most recent fiscal year Department of Homeland
Security's Homeland Security Grant Program Notice of Funding
Opportunity; and
``(4) any other appropriate activity, as determined by the
Administrator, in consultation with the Commissioner of U.S.
Customs and Border Protection.
``(d) Period of Performance.--The Secretary shall award grants
under this section to grant recipients for a period of not less than 36
months.
``(e) Report.--For each of fiscal years 2024 through 2028, the
Administrator shall submit to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report that contains information
on the expenditure of grants made under this section by each grant
recipient.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated $110,000,000 for each of fiscal years 2024 through 2028
for grants under this section.''.
(b) Conforming Amendment.--Subsection (a) of section 2002 of the
Homeland Security Act of 2002 (6 U.S.C. 603) is amended to read as
follows:
``(a) Grants Authorized.--The Secretary, through the Administrator,
may award grants under sections 2003, 2004, 2009, and 2009A to State,
local, and Tribal governments, as appropriate.''.
(c) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 2009 the following new item:
``Sec. 2009A. Operation Stonegarden.''.
SEC. 1162. PROGRAM FOR SHELTER AND SERVICES.
Subtitle A of title XX of the Homeland Security Act of 2002 (6
U.S.C. 601 et seq.) is amended by adding at the end the following new
section:
``SEC. 2010. SHELTER AND SERVICES PROGRAM.
``(a) Establishment.--There is established in the Department a
program to be known as the `Shelter and Services Program', under which
the Secretary, acting through the Administrator of General Services,
shall make grants available to non-Federal entities to support
sheltering and relieving overcrowding in short-term holding facilities
of U.S. Customs and Border Protection.
``(b) Eligible Recipients.--To be eligible to receive a grant under
this section, a non-Federal entity or local municipality shall be
involved in assisting individuals and families, and providing services
to individuals apprehended by the Department of Homeland Security.
``(c) Permitted Uses.--The recipient of a grant under this section
may use such a grant for--
``(1) supporting U.S. Customs and Border Protection in
effectively managing migrant processing and preventing the
overcrowding of short-term holding facilities of the agency;
``(2) sheltering individuals and families, and other
related services;
``(3) facility improvements and construction; or
``(4) any other appropriate activity, as determined by the
Administrator of General Services, in consultation with the
Commissioner of U.S. Customs and Border Protection or the
Administrator of the Federal Emergency Management Agency.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for each of the fiscal years
2024 through 2028 for grants under this section.''.
Subtitle D--Border Security Certification
SEC. 1181. BORDER SECURITY CERTIFICATION.
(a) GAO Report.--Not later than 2 years after the date of enactment
of this Act, and annually thereafter until such time as the Comptroller
General of the United States makes the certification described in
subsection (b), the Comptroller General shall submit to the Committee
on Homeland Security of the House of Representatives and the Committee
on Homeland Security and Government Affairs of the Senate a report
detailing the progress in implementing this title and title II
containing--
(1) recommendations on how best to continue implementing
this title and title II; and
(2) the rate of detections and apprehensions of individuals
attempting to cross the southern border of the United States
unlawfully.
(b) GAO Certification of Border Security.--The Secretary of
Homeland Security may not adjust the status of an individual under
section 24103 until the date that the Comptroller General of the United
States certifies that the Border Patrol has achieved a 90 percent or
higher detection and apprehension rate of individuals attempting to
cross the southern border of the United States unlawfully during the
previous 12-month period.
TITLE II--BORDER SECURITY AND PORTS OF ENTRY INFRASTRUCTURE FUNDING
Subtitle A--Emergency Port of Entry Personnel and Infrastructure
Funding
SEC. 1201. PORTS OF ENTRY INFRASTRUCTURE.
(a) Additional Ports of Entry.--
(1) Authority.--The Administrator of General Services may,
subject to section 3307 of title 40, United States Code,
construct new ports of entry along the northern border and
southern border at locations determined by the Secretary.
(2) Consultation.--
(A) Requirement to consult.--The Secretary and the
Administrator of General Services shall consult with
the Secretary of State, the Secretary of the Interior,
the Secretary of Agriculture, the Secretary of
Transportation, and appropriate representatives of
State and local governments, and Indian tribes, and
property owners in the United States prior to
determining a location for any new port of entry
constructed pursuant to paragraph (1).
(B) Considerations.--The purpose of the
consultations required by subparagraph (A) shall be to
minimize any negative impacts of constructing a new
port of entry on the environment, culture, commerce,
and quality of life of the communities and residents
located near such new port.
(b) Expansion and Modernization of High-Priority Southern Border
Ports of Entry.--Not later than 5 years after the date of enactment of
this Act, the Administrator of General Services, subject to section
3307 of title 40, United States Code, and in coordination with the
Secretary, shall expand or modernize high-priority ports of entry on
the southern border, as determined by the Secretary, for the purposes
of reducing wait times and enhancing security.
(c) Port of Entry Prioritization.--Prior to constructing any new
ports of entry pursuant to subsection (a), the Administrator of General
Services shall complete the expansion and modernization of ports of
entry pursuant to subsection (b) to the extent practicable.
(d) Notifications.--
(1) Relating to new ports of entry.--Not later than 15 days
after determining the location of any new port of entry for
construction pursuant to subsection (a), the Secretary and the
Administrator of General Services shall jointly notify the
Members of Congress who represent the State or congressional
district in which such new port of entry will be located, as
well as the Committee on Homeland Security and Governmental
Affairs, the Committee on Finance, the Committee on Commerce,
Science, and Transportation, and the Committee on the Judiciary
of the Senate, and the Committee on Homeland Security, the
Committee on Ways and Means, the Committee on Transportation
and Infrastructure, and the Committee on the Judiciary of the
House of Representatives. Such notification shall include
information relating to the location of such new port of entry,
a description of the need for such new port of entry and
associated anticipated benefits, a description of the
consultations undertaken by the Secretary and the Administrator
pursuant to paragraph (2) of such subsection, any actions that
will be taken to minimize negative impacts of such new port of
entry, and the anticipated timeline for construction and
completion of such new port of entry.
(2) Relating to expansion and modernization of ports of
entry.--Not later than 180 days after enactment of this Act,
the Secretary and the Administrator of General Services shall
jointly notify the Committee on Homeland Security and
Governmental Affairs, the Committee on Finance, the Committee
on Commerce, Science, and Transportation, and the Committee on
the Judiciary of the Senate, and the Committee on Homeland
Security, the Committee on Ways and Means, the Committee on
Transportation and Infrastructure, and the Committee on the
Judiciary of the House of Representatives of the ports of entry
on the southern border that are the subject of expansion or
modernization pursuant to subsection (b) and the Secretary's
and Administrator's plan for expanding or modernizing each such
port of entry.
(e) Savings Provision.--Nothing in this section may be construed
to--
(1) create or negate any right of action for a State, local
government, or other person or entity affected by this section;
(2) delay the transfer of the possession of property to the
United States or affect the validity of any property
acquisitions by purchase or eminent domain, or to otherwise
affect the eminent domain laws of the United States or of any
State; or
(3) create any right or liability for any party.
(f) Rule of Construction.--Nothing in this section may be construed
as providing the Secretary new authority related to the construction,
acquisition, or renovation of real property.
SEC. 1202. SENSE OF CONGRESS ON COOPERATION BETWEEN AGENCIES.
(a) Finding.--Congress finds that personnel constraints exist at
land ports of entry with regard to sanitary and phytosanitary
inspections for exported goods.
(b) Sense of Congress.--It is the sense of Congress that, in the
best interest of cross-border trade and the agricultural community--
(1) any lack of certified personnel for inspection purposes
at ports of entry should be addressed by seeking cooperation
between agencies and departments of the United States, whether
in the form of a memorandum of understanding or through a
certification process, whereby additional existing agents are
authorized for additional hours to facilitate and expedite the
flow of legitimate trade and commerce of perishable goods in a
manner consistent with rules of the Department of Agriculture;
and
(2) cross designation should be available for personnel who
will assist more than one agency or department of the United
States at land ports of entry to facilitate and expedite the
flow of increased legitimate trade and commerce.
SEC. 1203. AUTHORIZATION OF APPROPRIATIONS.
In addition to any amounts otherwise authorized to be appropriated
for such purpose, there is appropriated $2,000,000,000 for each of
fiscal years 2024 through 2028 to carry out this subtitle.
Subtitle B--Border Security Funding
SEC. 1211. BORDER SECURITY FUNDING.
(a) Funding.--In addition to amounts otherwise made available by
this Act or any other provision of law, there is hereby appropriated to
the ``U.S. Customs and Border Protection--Procurement, Construction,
and Improvements'' account, out of any amounts in the Treasury not
otherwise appropriated, $25,000,000,000, to be available for--
(1) a full border infrastructure system, including enhanced
physical barriers and associated detection technology, roads,
and lighting; and
(2) infrastructure, assets, operations, and the most up-to-
date technology to enhance border security along the United
States, including--
(A) border security technology, including
surveillance technology, at and between ports of entry;
(B) new roads and improvements to existing roads;
(C) U.S. Border Patrol facilities and ports of
entry;
(D) aircraft, aircraft-based sensors and associated
technology, vessels, spare parts, and equipment to
maintain such assets; and
(E) a biometric entry and exit system.
(b) Availability of Border Barrier System Funds.--
(1) In general.--Of the amount appropriated in subsection
(a)(1)--
(A) $3,041,000,000 shall become available October
1, 2023;
(B) $2,608,000,000 shall become available October
1, 2024;
(C) $1,715,000,000 shall become available October
1, 2025;
(D) $2,140,000,000 shall become available October
1, 2026;
(E) $1,735,000,000 shall become available October
1, 2027;
(F) $1,746,000,000 shall become available October
1, 2028;
(G) $1,776,000,000 shall become available October
1, 2029;
(H) $1,746,000,000 shall become available October
1, 2030; and
(I) $1,718,000,000 shall become available October
1, 2031.
(c) Availability of Border Security Investment Funds.--
(1) In general.--Of the amount appropriated in subsection
(a)(2)--
(A) $500,000,000 shall become available October 1,
2023;
(B) $1,850,000,000 shall become available October
1, 2024;
(C) $1,950,000,000 shall become available October
1, 2025;
(D) $1,925,000,000 shall become available October
1, 2026; and
(E) $550,000,000 shall become available October 1,
2027.
(d) Multi-Year Spending Plan.--The Secretary of Homeland Security
shall include in the budget justification materials submitted in
support of the President's annual budget request for fiscal year 2025
(as submitted under section 1105(a) of title 31, United States Code) a
multi-year spending plan for the amounts made available under
subsection (a).
(e) Quarterly Briefing Requirement.--Beginning not later than 180
days after the date of the enactment of this Act, and quarterly
thereafter, the Commissioner of U.S. Customs and Border Protection
shall brief the Committees on Appropriations of the Senate and the
House of Representatives regarding activities under and progress made
in carrying out this section.
SEC. 1212. EXCLUSION FROM PAYGO SCORECARDS.
The budgetary effects of this Act shall not be entered on either
PAYGO scorecard maintained pursuant to section 4(d) of the Statutory
Pay-As-You-Go Act of 2010.
SEC. 1213. FUNDING MATTERS.
(a) Immigration Infrastructure Fund.--
(1) In general.--Subchapter A of chapter 98 of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new section:
``SEC. 9512. IMMIGRATION INFRASTRUCTURE FUND.
``(a) Creation of Trust Fund.--There is hereby established in the
Treasury of the United States a trust fund to be known as the
Immigration Infrastructure Fund, consisting of such amounts as may be
appropriated or credited to such Fund as provided in this section or
section 9602(b).
``(b) Transfer to Trust Fund of Amounts Equivalent to Certain
Taxes.--There are hereby appropriated to the Immigration Infrastructure
Fund amounts equivalent to the taxes received in the Treasury under
section 24004 of division B of the Dignity for Immigrants while
Guarding our Nation to Ignite and Deliver the American Dream Act paid
or incurred by taxpayers who are aliens and participants in the Dignity
Program under title IV of division B of the Dignity for Immigrants
while Guarding our Nation to Ignite and Deliver the American Dream Act.
``(c) Expenditures From Trust Fund.--Amounts in the Immigration
Infrastructure Fund shall be available to carry out the Dignity for
Immigrants while Guarding our Nation to Ignite and Deliver the American
Dream Act and the amendments made by such Act.''.
(2) Clerical amendment.--The table of sections for
subchapter A of chapter 98 of such Code is amended by adding at
the end the following new item:
``Sec. 9512. Immigration Infrastructure Fund.''.
(3) Effective date.--The amendments made by this Act shall
apply to amounts received after the date of the enactment of
this Act.
TITLE III--VISA SECURITY AND INTEGRITY
SEC. 1301. VISA SECURITY.
(a) Visa Security Units at High-Risk Posts.--Paragraph (1) of
section 428(e) of the Homeland Security Act of 2002 (6 U.S.C. 236(e))
is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(A) Authorization.--Subject to the minimum number
specified in subparagraph (B), the Secretary''; and
(2) by adding at the end the following new subparagraph:
``(B) Risk-based assignments.--
``(i) In general.--In carrying out
subparagraph (A), the Secretary shall assign
employees of the Department to not fewer than
75 diplomatic and consular posts at which visas
are issued. Such assignments shall be made--
``(I) in a risk-based manner;
``(II) considering the criteria
described in clause (iii); and
``(III) in accordance with National
Security Decision Directive 38 of June
2, 1982, or any superseding
presidential directive concerning
staffing at diplomatic and consular
posts.
``(ii) Priority consideration.--In carrying
out National Security Decision Directive 38 of
June 2, 1982, the Secretary of State shall
ensure priority consideration of any staffing
assignment pursuant to this subparagraph.
``(iii) Criteria described.--The criteria
referred to in clause (i) are the following:
``(I) The number of nationals of a
country in which any of the diplomatic
and consular posts referred to in
clause (i) are located who were
identified in United States Government
databases related to the identities of
known or suspected terrorists during
the previous year.
``(II) Information on the
cooperation of such country with the
counterterrorism efforts of the United
States.
``(III) Information analyzing the
presence, activity, or movement of
terrorist organizations (as such term
is defined in section 212(a)(3)(B)(vi)
of the Immigration and Nationality Act
(8 U.S.C. 1182(a)(3)(B)(vi))) within or
through such country.
``(IV) The number of formal
objections based on derogatory
information issued by the Visa Security
Advisory Opinion Unit pursuant to
paragraph (10) regarding nationals of a
country in which any of the diplomatic
and consular posts referred to in
clause (i) are located.
``(V) The adequacy of the border
and immigration control of such
country.
``(VI) Any other criteria the
Secretary determines appropriate.''.
(b) Counterterror Vetting and Screening.--Paragraph (2) of section
428(e) of the Homeland Security Act of 2002 is amended--
(1) by redesignating subparagraph (C) as subparagraph (D);
and
(2) by inserting after subparagraph (B) the following new
subparagraph:
``(C) Screen any such applications against the
appropriate criminal, national security, and terrorism
databases maintained by the Federal Government.''.
(c) Training and Hiring.--Subparagraph (A) of section 428(e)(6) of
the Homeland Security Act of 2002 is amended by--
(1) striking ``The Secretary shall ensure, to the extent
possible, that any employees'' and inserting ``The Secretary,
acting through the Commissioner of U.S. Customs and Border
Protection and the Director of U.S. Immigration and Customs
Enforcement, shall provide training to any employees''; and
(2) striking ``shall be provided the necessary training''.
(d) Pre-Adjudicated Visa Security Assistance and Visa Security
Advisory Opinion Unit.--Subsection (e) of section 428 of the Homeland
Security Act of 2002 is amended by adding at the end the following new
paragraphs:
``(9) Remote pre-adjudicated visa security assistance.--At
the visa-issuing posts at which employees of the Department are
not assigned pursuant to paragraph (1), the Secretary shall, in
a risk-based manner, assign employees of the Department to
remotely perform the functions required under paragraph (2) at
not fewer than 50 of such posts.
``(10) Visa security advisory opinion unit.--The Secretary
shall establish within U.S. Immigration and Customs Enforcement
a Visa Security Advisory Opinion Unit to respond to requests
from the Secretary of State to conduct a visa security review
using information maintained by the Department on visa
applicants, including terrorism association, criminal history,
counter-proliferation, and other relevant factors, as
determined by the Secretary.''.
(e) Deadlines.--The requirements established under paragraphs (1)
and (9) of section 428(e) of the Homeland Security Act of 2002 (6
U.S.C. 236(e)), as amended and added by this section, shall be
implemented not later than three years after the date of the enactment
of this Act.
(f) Funding.--
(1) Additional visa fee.--
(A) In general.--The Secretary of State, in
consultation with the Secretary of Homeland Security,
may charge a fee in support of visa security, to be
deposited in the Fraud Detection and Nationality
Security Directorate account. Fees imposed pursuant to
this subsection shall be available only to the extent
provided in advance by appropriations Acts.
(B) Amount of fee.--The total amount of the
additional fee charged pursuant to this subsection
shall be equal to an amount sufficient to cover the
annual costs of the visa security program established
by the Secretary of Homeland Security under section
428(e) of the Homeland Security Act of 2002 (6 U.S.C.
236(e)), as amended by this section.
(2) Use of fees.--Amounts deposited in the Fraud Detection
and Nationality Security Directorate account pursuant to
paragraph (1) are authorized to be appropriated to the
Secretary of Homeland Security for the funding of the visa
security program referred to in such paragraph.
SEC. 1302. ELECTRONIC PASSPORT SCREENING AND BIOMETRIC MATCHING.
(a) In General.--Subtitle B of title IV of the Homeland Security
Act of 2002 (6 U.S.C. 231 et seq.), as amended by this division, is
further amended by adding at the end the following new sections:
``SEC. 420A. ELECTRONIC PASSPORT SCREENING AND BIOMETRIC MATCHING.
``(a) In General.--Not later than one year after the date of the
enactment of this section, the Commissioner of U.S. Customs and Border
Protection shall--
``(1) screen electronic passports at airports of entry by
reading each such passport's embedded chip; and
``(2) to the greatest extent practicable, utilize facial
recognition technology or other biometric technology, as
determined by the Commissioner, to inspect travelers at United
States airports of entry.
``(b) Applicability.--
``(1) Electronic passport screening.--Paragraph (1) of
subsection (a) shall apply to passports belonging to
individuals who are United States citizens, individuals who are
nationals of a program country pursuant to section 217 of the
Immigration and Nationality Act (8 U.S.C. 1187), and
individuals who are nationals of any other foreign country that
issues electronic passports.
``(2) Facial recognition matching.--Paragraph (2) of
subsection (a) shall apply, at a minimum, to individuals who
are nationals of a program country pursuant to section 217 of
the Immigration and Nationality Act.
``(c) Annual Report.--The Commissioner of U.S. Customs and Border
Protection, in collaboration with the Chief Privacy Officer of the
Department, shall issue to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate an annual report through fiscal year
2028 on the utilization of facial recognition technology and other
biometric technology pursuant to subsection (a)(2). Each such report
shall include information on the type of technology used at each
airport of entry, the number of individuals who were subject to
inspection using either of such technologies at each airport of entry,
and within the group of individuals subject to such inspection at each
airport, the number of those individuals who were United States
citizens and legal permanent residents. Each such report shall provide
information on the disposition of data collected during the year
covered by such report, together with information on protocols for the
management of collected biometric data, including timeframes and
criteria for storing, erasing, destroying, or otherwise removing such
data from databases utilized by the Department.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 420 the following new item:
``Sec. 420A. Electronic passport screening and biometric matching.''.
SEC. 1303. REPORTING OF VISA OVERSTAYS.
Section 2 of Public Law 105-173 (8 U.S.C. 1376) is amended--
(1) in subsection (a)--
(A) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security''; and
(B) by inserting before the period at the end the
following: ``, and any additional information that the
Secretary determines necessary for purposes of the
report under subsection (b)''; and
(2) by amending subsection (b) to read as follows:
``(b) Annual Report.--Not later than September 30, 2025, and not
later than September 30 of each year thereafter, the Secretary of
Homeland Security shall submit to the Committee on Homeland Security
and the Committee on the Judiciary of the House of Representatives and
to the Committee on Homeland Security and Governmental Affairs and the
Committee on the Judiciary of the Senate a report providing, for the
preceding fiscal year, numerical estimates (including information on
the methodology utilized to develop such numerical estimates) of--
``(1) for each country, the number of aliens from the
country who are described in subsection (a), including--
``(A) the total number of such aliens within all
classes of nonimmigrant aliens described in section
101(a)(15) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)); and
``(B) the number of such aliens within each of the
classes of nonimmigrant aliens, as well as the number
of such aliens within each of the subclasses of such
classes of nonimmigrant aliens, as applicable;
``(2) for each country, the percentage of the total number
of aliens from the country who were present in the United
States and were admitted to the United States as nonimmigrants
who are described in subsection (a);
``(3) the number of aliens described in subsection (a) who
arrived by land at a port of entry into the United States;
``(4) the number of aliens described in subsection (a) who
entered the United States using a border crossing
identification card (as such term is defined in section
101(a)(6) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(6))); and
``(5) the number of Canadian nationals who entered the
United States without a visa whose authorized period of stay in
the United States terminated during the previous fiscal year,
but who remained in the United States.''.
SEC. 1304. STUDENT AND EXCHANGE VISITOR INFORMATION SYSTEM
VERIFICATION.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Homeland Security shall ensure that the information
collected under the program established under section 641 of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1372) is available to officers of U.S. Customs and Border
Protection for the purpose of conducting primary inspections of aliens
seeking admission to the United States at each port of entry of the
United States.
SEC. 1305. VISA INFORMATION SHARING.
(a) In General.--Section 222(f) of the Immigration and Nationality
Act (8 U.S.C. 1202(f)(2)) is amended--
(1) by striking ``issuance or refusal'' and inserting
``issuance, refusal, or revocation'';
(2) in paragraph (2), in the matter preceding subparagraph
(A), by striking ``and on the basis of reciprocity'' and all
that follows and inserting the following ``may provide to a
foreign government information in a Department of State
computerized visa database and, when necessary and appropriate,
other records covered by this section related to information in
such database--'';
(3) in paragraph (2)(A)--
(A) by inserting at the beginning ``on the basis of
reciprocity,'';
(B) by inserting ``(i)'' after ``for the purpose
of''; and
(C) by striking ``illicit weapons; or'' and
inserting ``illicit weapons, or (ii) determining a
person's deportability or eligibility for a visa,
admission, or other immigration benefit;'';
(4) in paragraph (2)(B)--
(A) by inserting at the beginning ``on the basis of
reciprocity,'';
(B) by striking ``in the database'' and inserting
``such database'';
(C) by striking ``for the purposes'' and inserting
``for one of the purposes''; and
(D) by striking ``or to deny visas to persons who
would be inadmissible to the United States.'' and
inserting ``; or''; and
(5) in paragraph (2), by adding at the end the following:
``(C) with regard to any or all aliens in the
database specified data elements from each record, if
the Secretary of State determines that it is in the
national interest to provide such information to a
foreign government and such information is provided in
accordance with the confidentiality requirements under
section 208.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect 60 days after the date of the enactment of this Act.
SEC. 1306. FRAUD PREVENTION.
(a) Prospective Analytics Technology.--
(1) Plan for implementation.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of
Homeland Security shall submit to the Committee on the
Judiciary of the House of Representatives and the Committee on
the Judiciary of the Senate a plan for the use of advanced
analytics software to ensure the proactive detection of fraud
in immigration benefits applications and petitions and to
ensure that any such applicant or petitioner does not pose a
threat to national security.
(2) Implementation of plan.--Not later than 1 year after
the date of the submission of the plan under paragraph (1), the
Secretary of Homeland Security shall begin implementation of
the plan.
(b) Benefits Fraud Assessment.--
(1) In general.--The Secretary of Homeland Security, acting
through the Fraud Detection and Nationality Security
Directorate, shall complete a benefit fraud assessment by
fiscal year 2025 on each of the following:
(A) Petitions by VAWA self-petitioners (as such
term is defined in section 101(a)(51) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(51))).
(B) Applications or petitions for visas or status
under section 101(a)(15)(K) of such Act or under
section 201(b)(2) of such Act, in the case of spouses
(8 U.S.C. 1101(a)(15)(K)).
(C) Applications for visas or status under section
101(a)(27)(J) of such Act (8 U.S.C. 1101(a)(27)(J)).
(D) Applications for visas or status under section
101(a)(15)(U) of such Act (8 U.S.C. 1101(a)(15)(U)).
(E) Petitions for visas or status under section
101(a)(27)(C) of such Act (8 U.S.C. 1101(a)(27)(C)).
(F) Applications for asylum under section 208 of
such Act (8 U.S.C. 1158).
(G) Applications for adjustment of status under
section 209 of such Act (8 U.S.C. 1159).
(H) Petitions for visas or status under section
201(b) of such Act (8 U.S.C. 1151(b)).
(2) Reporting on findings.--Not later than 30 days after
the completion of each benefit fraud assessment under paragraph
(1), the Secretary shall submit to the Committee on the
Judiciary of the House of Representatives and the Committee on
the Judiciary of the Senate such assessment and recommendations
on how to reduce the occurrence of instances of fraud
identified by the assessment.
SEC. 1307. VISA INELIGIBILITY FOR SPOUSES AND CHILDREN OF DRUG
TRAFFICKERS.
Section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(2)) is amended--
(1) in subparagraph (C)(ii), by striking ``is the spouse,
son, or daughter'' and inserting ``is or has been the spouse,
son, or daughter''; and
(2) in subparagraph (H)(ii), by striking ``is the spouse,
son, or daughter'' and inserting ``is or has been the spouse,
son, or daughter''.
SEC. 1308. DNA TESTING.
Section 222(b) of the Immigration and Nationality Act (8 U.S.C.
1202(b)) is amended by inserting ``Where considered necessary, by the
consular officer or immigration official, to establish family
relationships, the immigrant shall provide DNA evidence of such a
relationship in accordance with procedures established for submitting
such evidence. The Secretary and the Secretary of State may, in
consultation, issue regulations to require DNA evidence to establish
family relationship, from applicants for certain visa
classifications.'' after ``and a certified copy of all other records or
documents concerning him or his case which may be required by the
consular officer.''.
SEC. 1309. DNA COLLECTION CONSISTENT WITH FEDERAL LAW.
Not later than 90 days after the date of the enactment of this
section, the Secretary shall ensure and certify to the Committee on
Homeland Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate that CBP is
fully compliant with the DNA Fingerprint Act of 2005 (Public Law 109-
162; 119 Stat. 3084) at all border facilities that process adults,
including as part of a family unit, in the custody of CBP at the
border.
TITLE IV--TRANSNATIONAL CRIMINAL ORGANIZATION PREVENTION AND
ELIMINATION
SEC. 1401. SHORT TITLE.
This title may be cited as the ``Transnational Criminal
Organization Prevention and Elimination Act''.
SEC. 1402. ILLICIT SPOTTING.
Section 1510 of title 18, United States Code, is amended by adding
at the end the following:
``(f) Any person who knowingly transmits, by any means, to another
person the location, movement, or activities of any officer or agent of
a Federal, State, local, or tribal law enforcement agency with the
intent to further a criminal offense under the immigration laws (as
such term is defined in section 101 of the Immigration and Nationality
Act), the Controlled Substances Act, or the Controlled Substances
Import and Export Act, or that relates to agriculture or monetary
instruments shall be fined under this title or imprisoned not more than
10 years, or both.''.
SEC. 1403. UNLAWFULLY HINDERING IMMIGRATION, BORDER, AND CUSTOMS
CONTROLS.
(a) Bringing in and Harboring of Certain Aliens.--Section 274(a) of
the Immigration and Nationality Act (8 U.S.C. 1324(a)) is amended--
(1) in paragraph (2), by striking ``brings to or attempts
to'' and inserting the following: ``brings to or knowingly
attempts or conspires to''; and
(2) by adding at the end the following:
``(5) In the case of a person who has brought aliens into
the United States in violation of this subsection, the sentence
otherwise provided for may be increased by up to 10 years if
that person, at the time of the offense, used or carried a
firearm or who, in furtherance of any such crime, possessed a
firearm.''.
(b) Aiding or Assisting Certain Aliens To Enter the United
States.--Section 277 of the Immigration and Nationality Act (8 U.S.C.
1327) is amended--
(1) by inserting after ``knowingly aids or assists'' the
following: ``or attempts to aid or assist''; and
(2) by adding at the end the following: ``In the case of a
person convicted of an offense under this section, the sentence
otherwise provided for may be increased by up to 10 years if
that person, at the time of the offense, used or carried a
firearm or who, in furtherance of any such crime, possessed a
firearm.''.
SEC. 1404. REPORT ON SMUGGLING.
The Secretary of Homeland Security, in coordination with the heads
of appropriate Federal agencies, shall develop a regularly updated
intelligence driven analysis that includes--
(1) migrant perceptions of United States law and policy at
the border, including human smuggling organization messaging
and propaganda;
(2) tactics, techniques, and procedures used by human
smuggling organizations to exploit border security
vulnerabilities to facilitate such smuggling activities across
the border;
(3) the methods and use of technology to organize and
encourage irregular migration and undermine border security;
and
(4) any other information the Secretary determines
appropriate.
SEC. 1405. SARAH'S LAW.
(a) Mandatory Detention of Certain Aliens Charged With a Crime
Resulting in Death or Serious Bodily Injury.--Section 236(c) of the
Immigration and Nationality Act (8 U.S.C. 1226(c)) is amended--
(1) in paragraph (1)--
(A) in subparagraphs (A) and (B), by striking the
comma at the end of each subparagraph and inserting a
semicolon;
(B) in subparagraph (C)--
(i) by striking ``sentence'' and inserting
``sentenced''; and
(ii) by striking ``, or'' and inserting a
semicolon;
(C) in subparagraph (D), by striking the comma at
the end and inserting ``; or''; and
(D) by inserting after subparagraph (D) the
following:
``(E)(i)(I) was not inspected and admitted into the
United States;
``(II) held a nonimmigrant visa (or other
documentation authorizing admission into the United
States as a nonimmigrant) that has been revoked under
section 221(i); or
``(III) is described in section 237(a)(1)(C)(i);
and
``(ii) has been charged by a prosecuting authority
in the United States with any crime that resulted in
the death or serious bodily injury (as defined in
section 1365(h)(3) of title 18, United States Code) of
another person,''; and
(2) by adding at the end the following:
``(3) Notification requirement.--Upon encountering or
gaining knowledge of an alien described in paragraph (1), the
Assistant Secretary of Homeland Security for Immigration and
Customs Enforcement shall make reasonable efforts--
``(A) to obtain information from law enforcement
agencies and from other available sources regarding the
identity of any victims of the crimes for which such
alien was charged or convicted; and
``(B) to provide the victim or, if the victim is
deceased, a parent, guardian, spouse, or closest living
relative of such victim, with information, on a timely
and ongoing basis, including--
``(i) the alien's full name, aliases, date
of birth, and country of nationality;
``(ii) the alien's immigration status and
criminal history;
``(iii) the alien's custody status and any
changes related to the alien's custody; and
``(iv) a description of any efforts by the
United States Government to remove the alien
from the United States.''.
(b) Savings Provision.--Nothing in this section, or the amendments
made by this section, may be construed to limit the rights of crime
victims under any other provision of law, including section 3771 of
title 18, United States Code.
SEC. 1406. ILLEGAL REENTRY.
Section 276 of the Immigration and Nationality Act (8 U.S.C. 1326)
is amended to read as follows:
``SEC. 276. REENTRY OF REMOVED ALIEN.
``(a) Reentry After Removal.--
``(1) In general.--Any alien who has been denied admission,
excluded, deported, or removed, or who has departed the United
States while an order of exclusion, deportation, or removal is
outstanding, and subsequently enters, attempts to enter,
crosses the border to, attempts to cross the border to, or is
at any time found in the United States, shall be fined under
title 18, United States Code, imprisoned not more than 10
years, or both.
``(2) Exception.--If an alien sought and received the
express consent of the Secretary to reapply for admission into
the United States, or, with respect to an alien previously
denied admission and removed, the alien was not required to
obtain such advance consent under the Immigration and
Nationality Act or any prior Act, the alien shall not be
subject to the fine and imprisonment provided for in paragraph
(1).
``(b) Reentry of Criminal Offenders.--Notwithstanding the penalty
provided in subsection (a), if an alien described in that subsection
was convicted before such removal or departure--
``(1) for 3 or more misdemeanors or for a felony, the alien
shall be fined under title 18, United States Code, imprisoned
not more than 15 years, or both;
``(2) for a felony for which the alien was sentenced to a
term of imprisonment of not less than 30 months, the alien
shall be fined under such title, imprisoned not more than 20
years, or both;
``(3) for a felony for which the alien was sentenced to a
term of imprisonment of not less than 60 months, the alien
shall be fined under such title, imprisoned not more than 25
years, or both; or
``(4) for murder, rape, kidnapping, or a felony offense
described in chapter 77 (relating to peonage and slavery) or
113B (relating to terrorism) of such title, or for 3 or more
felonies of any kind, the alien shall be fined under such
title, imprisoned not more than 30 years, or both.
``(c) Reentry After Repeated Removal.--Any alien who has been
denied admission, excluded, deported, or removed 3 or more times and
thereafter enters, attempts to enter, crosses the border to, attempts
to cross the border to, or is at any time found in the United States,
shall be fined under title 18, United States Code, imprisoned not more
than 20 years, or both.
``(d) Proof of Prior Convictions.--The prior convictions described
in subsection (b) are elements of the crimes described, and the
penalties in that subsection shall apply only in cases in which the
conviction or convictions that form the basis for the additional
penalty are--
``(1) alleged in the indictment or information; and
``(2) proven beyond a reasonable doubt at trial or admitted
by the defendant.
``(e) Reentry of Alien Removed Prior to Completion of Term of
Imprisonment.--Any alien removed pursuant to section 241(a)(4) who
enters, attempts to enter, crosses the border to, attempts to cross the
border to, or is at any time found in, the United States shall be
incarcerated for the remainder of the sentence of imprisonment which
was pending at the time of deportation without any reduction for parole
or supervised release unless the alien affirmatively demonstrates that
the Secretary of Homeland Security has expressly consented to the
alien's reentry. Such alien shall be subject to such other penalties
relating to the reentry of removed aliens as may be available under
this section or any other provision of law.
``(f) Definitions.--For purposes of this section and section 275,
the following definitions shall apply:
``(1) Crosses the border to the united states.--The term
`crosses the border' refers to the physical act of crossing the
border free from official restraint.
``(2) Official restraint.--The term `official restraint'
means any restraint known to the alien that serves to deprive
the alien of liberty and prevents the alien from going at large
into the United States. Surveillance unbeknownst to the alien
shall not constitute official restraint.
``(3) Felony.--The term `felony' means any criminal offense
punishable by a term of imprisonment of more than 1 year under
the laws of the United States, any State, or a foreign
government.
``(4) Misdemeanor.--The term `misdemeanor' means any
criminal offense punishable by a term of imprisonment of not
more than 1 year under the applicable laws of the United
States, any State, or a foreign government.
``(5) Removal.--The term `removal' includes any denial of
admission, exclusion, deportation, or removal, or any agreement
by which an alien stipulates or agrees to exclusion,
deportation, or removal.
``(6) State.--The term `State' means a State of the United
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.''.
SEC. 1407. GROUNDS OF INADMISSIBILITY AND DEPORTABILITY FOR ALIEN GANG
MEMBERS.
(a) Definition of Gang Member.--Section 101(a) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)) is amended by inserting after
paragraph (52) the following:
``(53)(A) The term `criminal gang' means an association of 25 or
more individuals--
``(i) whose members knowingly, willingly, and collectively
identify themselves by adopting a group identity, which they
use to create an atmosphere of fear or intimidation, frequently
by employing one or more of the following: a common name,
slogan, identifying sign, symbol, tattoo or other physical
marking, style or color of clothing, hairstyle, hand sign or
graffiti;
``(ii) whose purpose in part is to engage in criminal
activity and which uses violence or intimidation to further its
criminal objectives; and
``(iii) whose members engage in criminal activity or acts
of juvenile delinquency that if committed by an adult would be
crimes with the intent to enhance or preserve the association's
power, reputation or economic resources.
``(B) The association may also possess some of the following
characteristics:
``(i) The members may employ rules for joining and
operating within the association.
``(ii) The members may meet on a recurring basis.
``(iii) The association may provide physical protection of
its members from others.
``(iv) The association may seek to exercise control over a
particular geographic location or region, or it may simply
defend its perceived interests against rivals.
``(v) The association may have an identifiable structure.
``(C) The offenses described, whether in violation of Federal or
State law or foreign law and regardless of whether the offenses
occurred before, on, or after the date of the enactment of this
paragraph, are the following:
``(i) A `felony drug offense' (as defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802)).
``(ii) A felony offense involving firearms or explosives or
in violation of section 931 of title 18, United States Code
(relating to purchase, ownership, or possession of body armor
by violent felons).
``(iii) An offense under section 274 (relating to bringing
in and harboring certain aliens), section 277 (relating to
aiding or assisting certain aliens to enter the United States),
or section 278 (relating to importation of alien for immoral
purpose), except that this clause does not apply in the case of
an organization described in section 501(c)(3) of the Internal
Revenue Code of 1986 (26 U.S.C. 501(c)(3)) which is exempt from
taxation under section 501(a) of such Code.
``(iv) A violent crime described in section 101(a)(43)(F).
``(v) A crime involving obstruction of justice, tampering
with or retaliating against a witness, victim, or informant, or
perjury or subornation of perjury.
``(vi) Any conduct punishable under sections 1028A and 1029
of title 18, United States Code (relating to aggravated
identity theft or fraud and related activity in connection with
identification documents or access devices), sections 1581
through 1594 of such title (relating to peonage, slavery, and
trafficking in persons), section 1951 of such title (relating
to interference with commerce by threats or violence), section
1952 of such title (relating to interstate and foreign travel
or transportation in aid of racketeering enterprises), section
1956 of such title (relating to the laundering of monetary
instruments), section 1957 of such title (relating to engaging
in monetary transactions in property derived from specified
unlawful activity), or sections 2312 through 2315 of such title
(relating to interstate transportation of stolen motor vehicles
or stolen property).
``(vii) An attempt or conspiracy to commit an offense
described in this paragraph or aiding, abetting, counseling,
procuring, commanding, inducing, facilitating, or soliciting
the commission of an offense described in clauses (i) through
(vi).''.
(b) Inadmissibility.--Section 212(a)(2) of such Act (8 U.S.C.
1182(a)(2)) is amended--
(1) in subparagraph (A)(i)--
(A) in subclause (I), by striking ``or'' at the
end; and
(B) by inserting after subclause (II) the
following:
``(III) a violation of (or a
conspiracy or attempt to violate) any
law or regulation of a State, the
United States, or a foreign country
relating to participation or membership
in a criminal gang, or
``(IV) any felony or misdemeanor
offense for which the alien received a
sentencing enhancement predicated on
knowing gang membership or conduct that
promoted, furthered, aided, or
supported the illegal activity of the
criminal gang, except in the case of
any such alien who was a minor under
the age of 16 at the time of the
offense, who was forced, threatened, or
coerced into association with the
criminal gang, who was unknowingly
associated with the gang, or who acted
under duress.''; and
(2) by adding at the end the following:
``(N) Aliens associated with criminal gangs.--
``(i) Aliens not physically present in the
united states.--In the case of an alien who is
not physically present in the United States:
``(I) That alien is inadmissible if
a consular officer, the Secretary of
Homeland Security, or the Attorney
General knows or has reasonable grounds
to believe--
``(aa) to be or to have
been a member of a criminal
gang (as defined in section
101(a)(53)); or
``(bb) to have participated
in the activities of a criminal
gang (as defined in section
101(a)(53)), knowing or having
reason to know that such
activities will promote,
further, aid, or support the
illegal activity of the
criminal gang.
``(II) That alien is inadmissible
if a consular officer, the Secretary of
Homeland Security, or the Attorney
General has reasonable grounds to
believe the alien has participated in,
been a member of, promoted, or
conspired with a criminal gang, either
inside or outside of the United States.
``(III) That alien is inadmissible
if a consular officer, an immigration
officer, the Secretary of Homeland
Security, or the Attorney General has
reasonable grounds to believe seeks to
enter the United States or has entered
the United States in furtherance of the
activities of a criminal gang, either
inside or outside of the United States.
``(ii) Aliens physically present in the united
states.--In the case of an alien who is physically
present in the United States, that alien is
inadmissible if the alien--
``(I) is a member of a criminal gang (as
defined in section 101(a)(53)); or
``(II) has participated in the activities
of a criminal gang (as defined in section
101(a)(53)), knowing or having reason to know
that such activities will promote, further,
aid, or support the illegal activity of the
criminal gang.
``(iii) Exceptions.--Clauses (i) and (ii) do not
apply to a spouse or child of an alien--
``(I) who did not know or should not
reasonably have known of the activity causing
the alien to be found inadmissible under this
section;
``(II) whom the consular officer or
Attorney General has reasonable grounds to
believe has renounced the activity causing the
alien to be found inadmissible under this
section; or
``(III) whom the consular officer or
Attorney General has reasonable grounds to
believe did not willingly participate in the
activity of the associated gang, was under the
direct control of a member, or did so under
duress.''.
(c) Deportability.--Section 237(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1227(a)(2)) is amended by adding at the end
the following:
``(H) Aliens associated with criminal gangs.--
``(i) In general.--Any alien is deportable
who--
``(I) is or has been a member of a
criminal gang (as defined in section
101(a)(53));
``(II) has participated in the
activities of a criminal gang (as so
defined), knowing or having reason to
know that such activities will promote,
further, aid, or support the illegal
activity of the criminal gang;
``(III) has been convicted of a
violation of (or a conspiracy or
attempt to violate) any law or
regulation of a State, the United
States, or a foreign country relating
to participation or membership in a
criminal gang; or
``(IV) any felony or misdemeanor
offense for which the alien received a
sentencing enhancement predicated on
gang membership or conduct that
promoted, furthered, aided, or
supported the illegal activity of the
criminal gang.
``(ii) Exception.--Clause (i) does not
apply to a spouse or child of an alien--
``(I) who did not know or should
not reasonably have known of the
activity causing the alien to be found
inadmissible under this section;
``(II) whom the consular officer or
Attorney General has reasonable grounds
to believe has renounced the activity
causing the alien to be found
inadmissible under this section; or
``(III) whom the consular officer
or Attorney General has reasonable
grounds to believe did not willingly
participate in the activity of the
associated gang, was under the direct
control of a member, or did so under
duress.''.
(d) Designation.--
(1) In general.--Chapter 2 of title II of the Immigration
and Nationality Act (8 U.S.C. 1182) is amended by inserting
after section 219 the following:
``designation of criminal gang
``Sec. 220. (a) Designation.--
``(1) In General.--The Secretary of Homeland Security, in
consultation with the Attorney General, may designate a group, club,
organization, or association of 25 or more persons as a criminal gang
if the Secretary finds that their conduct is described in section
101(a)(53).
``(2) Procedure.--
``(A) Notification.--60 days before making a designation
under this subsection, the Secretary shall, by classified
communication, notify the Speaker and Minority Leader of the
House of Representatives, the President pro tempore, Majority
Leader, and Minority Leader of the Senate, and the members of
the relevant committees of the House of Representatives and the
Senate, in writing, of the intent to designate a group, club,
organization, or association of 25 or more persons under this
subsection and the factual basis therefor.
``(B) Publication in the federal register.--The Secretary
shall publish the designation in the Federal Register seven
days after providing the notification under subparagraph (A).
``(3) Record.--
``(A) In general.--In making a designation under this
subsection, the Secretary shall create an administrative
record.
``(B) Classified information.--The Secretary may consider
classified information in making a designation under this
subsection. Classified information shall not be subject to
disclosure for such time as it remains classified, except that
such information may be disclosed to a court ex parte and in
camera for purposes of judicial review under subsection (c).
``(4) Period of Designation.--
``(A) In general.--A designation under this subsection
shall be effective for all purposes until revoked under
paragraph (5) or (6) or set aside pursuant to subsection (c).
``(B) Review of designation upon petition.--
``(i) In general.--The Secretary shall review the
designation of a criminal gang under the procedures set
forth in clauses (iii) and (iv) if the designated
group, club, organization, or association of 25 or more
persons files a petition for revocation within the
petition period described in clause (ii).
``(ii) Petition period.--For purposes of clause
(i)--
``(I) if the designated group, club,
organization, or association of 25 or more
persons has not previously filed a petition for
revocation under this subparagraph, the
petition period begins 2 years after the date
on which the designation was made; or
``(II) if the designated group, club,
organization, or association of 25 or more
persons has previously filed a petition for
revocation under this subparagraph, the
petition period begins 2 years after the date
of the determination made under clause (iv) on
that petition.
``(iii) Procedures.--Any group, club, organization,
or association of 25 or more persons that submits a
petition for revocation under this subparagraph of its
designation as a criminal gang must provide evidence in
that petition that it is not described in section
101(a)(53).
``(iv) Determination.--
``(I) In general.--Not later than 60 days
after receiving a petition for revocation
submitted under this subparagraph, the
Secretary shall make a determination as to such
revocation.
``(II) Classified information.--The
Secretary may consider classified information
in making a determination in response to a
petition for revocation. Classified information
shall not be subject to disclosure for such
time as it remains classified, except that such
information may be disclosed to a court ex
parte and in camera for purposes of judicial
review under subsection (c).
``(III) Publication of determination.--A
determination made by the Secretary under this
clause shall be published in the Federal
Register.
``(IV) Procedures.--Any revocation by the
Secretary shall be made in accordance with
paragraph (6).
``(C) Other review of designation.--
``(i) In general.--If in a 5-year period no review
has taken place under subparagraph (B), the Secretary
shall review the designation of the criminal gang in
order to determine whether such designation should be
revoked pursuant to paragraph (6).
``(ii) Procedures.--If a review does not take place
pursuant to subparagraph (B) in response to a petition
for revocation that is filed in accordance with that
subparagraph, then the review shall be conducted
pursuant to procedures established by the Secretary.
The results of such review and the applicable
procedures shall not be reviewable in any court.
``(iii) Publication of results of review.--The
Secretary shall publish any determination made pursuant
to this subparagraph in the Federal Register.
``(5) Revocation by Act of Congress.--The Congress, by an Act of
Congress, may block or revoke a designation made under paragraph (1).
``(6) Revocation Based on Change in Circumstances.--
``(A) In general.--The Secretary may revoke a designation
made under paragraph (1) at any time, and shall revoke a
designation upon completion of a review conducted pursuant to
subparagraphs (B) and (C) of paragraph (4) if the Secretary
finds that--
``(i) the group, club, organization, or association
of 25 or more persons that has been designated as a
criminal gang is no longer described in section
101(a)(53); or
``(ii) the national security or the law enforcement
interests of the United States warrants a revocation.
``(B) Procedure.--The procedural requirements of paragraphs
(2) and (3) shall apply to a revocation under this paragraph.
Any revocation shall take effect on the date specified in the
revocation or upon publication in the Federal Register if no
effective date is specified.
``(7) Effect of Revocation.--The revocation of a designation under
paragraph (5) or (6) shall not affect any action or proceeding based on
conduct committed prior to the effective date of such revocation.
``(8) Use of Designation in Trial or Hearing.--If a designation
under this subsection has become effective under paragraph (2) an alien
in a removal proceeding shall not be permitted to raise any question
concerning the validity of the issuance of such designation as a
defense or an objection.
``(b) Amendments to a Designation.--
``(1) In general.--The Secretary may amend a designation
under this subsection if the Secretary finds that the group,
club, organization, or association of 25 or more persons has
changed its name, adopted a new alias, dissolved and then
reconstituted itself under a different name or names, or merged
with another group, club, organization, or association of 25 or
more persons.
``(2) Procedure.--Amendments made to a designation in
accordance with paragraph (1) shall be effective upon
publication in the Federal Register. Paragraphs (2), (4), (5),
(6), (7), and (8) of subsection (a) shall also apply to an
amended designation.
``(3) Administrative record.--The administrative record
shall be corrected to include the amendments as well as any
additional relevant information that supports those amendments.
``(4) Classified information.--The Secretary may consider
classified information in amending a designation in accordance
with this subsection. Classified information shall not be
subject to disclosure for such time as it remains classified,
except that such information may be disclosed to a court ex
parte and in camera for purposes of judicial review under
subsection (c) of this section.
``(c) Judicial Review of Designation.--
``(1) In general.--Not later than 30 days after publication
in the Federal Register of a designation, an amended
designation, or a determination in response to a petition for
revocation, the designated group, club, organization, or
association of 25 or more persons may seek judicial review in
the United States Court of Appeals for the District of Columbia
Circuit.
``(2) Basis of review.--Review under this subsection shall
be based solely upon the administrative record, except that the
Government may submit, for ex parte and in camera review,
classified information used in making the designation, amended
designation, or determination in response to a petition for
revocation.
``(3) Scope of review.--The Court shall hold unlawful and
set aside a designation, amended designation, or determination
in response to a petition for revocation the court finds to
be--
``(A) arbitrary, capricious, an abuse of
discretion, or otherwise not in accordance with law;
``(B) contrary to constitutional right, power,
privilege, or immunity;
``(C) in excess of statutory jurisdiction,
authority, or limitation, or short of statutory right;
``(D) lacking substantial support in the
administrative record taken as a whole or in classified
information submitted to the court under paragraph (2);
or
``(E) not in accord with the procedures required by
law.
``(4) Judicial review invoked.--The pendency of an action
for judicial review of a designation, amended designation, or
determination in response to a petition for revocation shall
not affect the application of this section, unless the court
issues a final order setting aside the designation, amended
designation, or determination in response to a petition for
revocation.
``(d) Definitions.--As used in this section--
``(1) the term `classified information' has the meaning
given that term in section 1(a) of the Classified Information
Procedures Act (18 U.S.C. App.);
``(2) the term `national security' means the national
defense, foreign relations, or economic interests of the United
States;
``(3) the term `relevant committees' means the Committees
on the Judiciary of the Senate and of the House of
Representatives; and
``(4) the term `Secretary' means the Secretary of Homeland
Security, in consultation with the Attorney General.''.
(2) Clerical amendment.--The table of contents for such Act
is amended by inserting after the item relating to section 219
the following:
``Sec. 220. Designation of criminal gang.''.
(e) Mandatory Detention of Criminal Gang Members.--
(1) In general.--Section 236(c)(1) of the Immigration and
Nationality Act (8 U.S.C. 1226(c)(1)), as amended by this
division, is further amended--
(A) in subparagraph (E), by striking ``or'' at the
end;
(B) in subparagraph (F), by inserting ``or'' at the
end; and
(C) by inserting after subparagraph (F) the
following:
``(G) is inadmissible under section 212(a)(2)(N) or
deportable under section 237(a)(2)(H),''.
(2) Annual report.--Not later than March 1 of each year
(beginning 1 year after the date of the enactment of this Act),
the Secretary of Homeland Security, after consultation with the
appropriate Federal agencies, shall submit a report to the
Committees on the Judiciary of the House of Representatives and
of the Senate on the number of aliens detained under the
amendments made by paragraph (1).
SEC. 1408. MANDATORY MINIMUM PENALTY FOR CHILD SEX TRAFFICKING.
Section 1591(b) of title 18, United States Code, is amended--
(1) in paragraph (1), by striking ``15'' and inserting
``25''; and
(2) in paragraph (2), by striking ``10 years'' and
inserting ``25 years''.
SEC. 1409. DESIGNATION OF CERTAIN DRUG CARTELS AS SPECIAL TRANSNATIONAL
CRIMINAL ORGANIZATION.
(a) Designation.--
(1) In general.--The Secretary is authorized to designate
an organization as a foreign Special Transnational Criminal
Organization in accordance with this subsection if the
Secretary finds that--
(A) the organization is a foreign organization;
(B) the organization is a self-perpetuating
association of individuals who operate transnationally
for the purpose of obtaining power, influence,
monetary, or commercial gains, wholly or in part by
illegal means, while protecting their activities
through a pattern of corruption or violence or through
a transnational organization structure and the
exploitation of transnational commerce or communication
mechanisms; and
(C) the organization threatens the security of
United States nationals or the national security of the
United States.
(2) Procedure.--
(A) Notice.--
(i) To congressional leaders.--Seven days
before making a designation under this
subsection, the Secretary shall, by classified
communication, notify the Speaker and minority
leader of the House of Representatives, the
President pro tempore, majority leader, and
minority leader of the Senate, and the members
of the relevant committees of the House of
Representatives and the Senate, in writing, of
the intent to designate an organization under
this subsection, together with the findings
made under paragraph (1) with respect to that
organization, and the factual basis therefor.
(ii) Publication in federal register.--The
Secretary shall publish the designation in the
Federal Register seven days after providing the
notification under clause (i).
(B) Effect of designation.--An organization
designated as a foreign Special Transnational Criminal
Organization shall undergo a full review by the
Department of Treasury of authorities granted by the
Foreign Narcotics Kingpin Designation Act (21 U.S.C.
1901 et seq.).
(C) Freezing of assets.--Upon notification under
paragraph (2)(A)(i), the Secretary of the Treasury may
require United States financial institutions possessing
or controlling any assets of any foreign organization
included in the notification to block all financial
transactions involving those assets until further
directive from either the Secretary of the Treasury,
Act of Congress, or order of court.
(3) Record.--
(A) In general.--In making a designation under this
subsection, the Secretary shall create an
administrative record.
(B) Classified information.--The Secretary may
consider classified information in making a designation
under this subsection. Classified information shall not
be subject to disclosure for such time as it remains
classified, except that such information may be
disclosed to a court ex parte and in camera for
purposes of judicial review under subsection (c).
(4) Period of designation.--
(A) In general.--A designation under this
subsection shall be effective until revoked under
paragraph (5) or (6) or set aside pursuant to
subsection (c).
(B) Review of designation upon petition.--
(i) In general.--The Secretary shall review
the designation of a foreign Special
Transnational Criminal Organization under the
procedures set forth in clauses (iii) and (iv)
if the designated organization files a petition
for revocation within the petition period
described in clause (ii).
(ii) Petition period.--For purposes of
clause (i)--
(I) if the designated organization
has not previously filed a petition for
revocation under this subparagraph, the
petition period begins 2 years after
the date on which the designation was
made; or
(II) if the designated organization
has previously filed a petition for
revocation under this subparagraph, the
petition period begins 2 years after
the date of the determination made
under clause (iv) on that petition.
(iii) Procedures.--Any foreign Special
Transnational Criminal Organization that
submits a petition for revocation under this
subparagraph must provide evidence in that
petition that the relevant circumstances
described in paragraph (1) are sufficiently
different from the circumstances that were the
basis for the designation such that a
revocation with respect to the organization is
warranted.
(iv) Determination.--
(I) In general.--Not later than 180
days after receiving a petition for
revocation submitted under this
subparagraph, the Secretary shall make
a determination as to such revocation.
(II) Classified information.--The
Secretary may consider classified
information in making a determination
in response to a petition for
revocation. Classified information
shall not be subject to disclosure for
such time as it remains classified,
except that such information may be
disclosed to a court ex parte and in
camera for purposes of judicial review
under subsection (c).
(III) Publication of
determination.--A determination made by
the Secretary under this clause shall
be published in the Federal Register.
(IV) Procedures.--Any revocation by
the Secretary shall be made in
accordance with paragraph (6).
(C) Other review of designation.--
(i) In general.--If the Secretary
determines that a 5-year period has elasped
since the designation without a review having
taken place under subparagraph (B), the
Secretary shall review the designation of the
foreign Special Transnational Criminal
Organization in order to determine whether such
designation should be revoked pursuant to
paragraph (6).
(ii) Procedures.--If a review does not take
place pursuant to subparagraph (B) in response
to a petition for revocation that is filed in
accordance with that subparagraph, then the
review shall be conducted pursuant to
procedures established by the Secretary. The
results of such review and the applicable
procedures shall not be reviewable in any
court.
(iii) Publication of results of review.--
The Secretary shall publish any determination
made pursuant to this subparagraph in the
Federal Register.
(5) Revocation by act of congress.--The Congress, by an Act
of Congress, may block or revoke a designation made under
paragraph (1).
(6) Revocation based on change in circumstances.--
(A) In general.--The Secretary may revoke a
designation made under paragraph (1) at any time, and
shall revoke a designation upon completion of a review
conducted pursuant to subparagraphs (B) and (C) of
paragraph (4) if the Secretary finds that--
(i) the circumstances that were the basis
for the designation have changed in such a
manner as to warrant revocation; or
(ii) the national security of the United
States warrants a revocation.
(B) Procedure.--The procedural requirements of
paragraphs (2) and (3) shall apply to a revocation
under this paragraph. Any revocation shall take effect
on the date specified in the revocation or upon
publication in the Federal Register if no effective
date is specified.
(7) Effect of revocation.--The revocation of a designation
under paragraph (5) or (6) shall not affect any action or
proceeding based on conduct occurring prior to the effective
date of such revocation.
(8) Use of designation in trial or hearing.--If a
designation under this subsection has become effective under
paragraph (2)(B) a defendant in a criminal action or an alien
in a removal proceeding shall not be permitted to raise any
question concerning the validity of the issuance of such
designation as a defense or an objection at any trial or
hearing.
(b) Amendments to a Designation.--
(1) In general.--The Secretary may amend a designation
under this subsection if the Secretary finds that the
organization has changed its name, adopted a new alias,
dissolved and then reconstituted itself under a different name
or names, or merged with another organization.
(2) Procedure.--Amendments made to a designation in
accordance with paragraph (1) shall be effective upon
publication in the Federal Register. Subparagraphs (B) and (C)
of subsection (a)(2) shall apply to an amended designation upon
such publication. Paragraphs (2)(A)(i), (4), (5), (6), (7), and
(8) of subsection (a) shall also apply to an amended
designation.
(3) Administrative record.--The administrative record shall
be corrected to include the amendments as well as any
additional relevant information that supports those amendments.
(4) Classified information.--The Secretary may consider
classified information in amending a designation in accordance
with this subsection. Classified information shall not be
subject to disclosure for such time as it remains classified,
except that such information may be disclosed to a court ex
parte and in camera for purposes of judicial review under
subsection (c).
(c) Judicial Review of Designation.--
(1) In general.--Not later than 30 days after publication
in the Federal Register of a designation, an amended
designation, or a determination in response to a petition for
revocation, the designated organization may seek judicial
review in the United States Court of Appeals for the District
of Columbia Circuit.
(2) Basis of review.--Review under this subsection shall be
based solely upon the administrative record, except that the
Government may submit, for ex parte and in camera review,
classified information used in making the designation, amended
designation, or determination in response to a petition for
revocation.
(3) Scope of review.--The Court shall hold unlawful and set
aside a designation, amended designation, or determination in
response to a petition for revocation the court finds to be--
(A) arbitrary, capricious, an abuse of discretion,
or otherwise not in accordance with law;
(B) contrary to constitutional right, power,
privilege, or immunity;
(C) in excess of statutory jurisdiction, authority,
or limitation, or short of statutory right;
(D) lacking substantial support in the
administrative record taken as a whole or in classified
information submitted to the court under paragraph (2);
or
(E) not in accord with the procedures required by
law.
(4) Judicial review invoked.--The pendency of an action for
judicial review of a designation, amended designation, or
determination in response to a petition for revocation shall
not affect the application of this section, unless the court
issues a final order setting aside the designation, amended
designation, or determination in response to a petition for
revocation.
(d) Definitions.--As used in this section--
(1) the term ``classified information'' has the meaning
given that term in section 1(a) of the Classified Information
Procedures Act (18 U.S.C. App.);
(2) the term ``national security'' means the national
defense, foreign relations, or economic interests of the United
States;
(3) the term ``foreign organization'' includes a group of
persons or an organization whose leadership is primarily based
in a country outside of the United States;
(4) the term ``relevant committees'' means the Committees
on the Judiciary, Intelligence, and Foreign Relations of the
Senate and the Committees on the Judiciary, Intelligence, and
International Relations of the House of Representatives; and
(5) the term ``Secretary'' means the Secretary of State, in
consultation with the Secretary of the Treasury and the
Attorney General.
(e) Designation.--The Secretary shall designate the following
organizations, and any similarly situated Mexican drug cartel the
Secretary deems appropriate, as Special Transnational Criminal
Organizations:
(1) Sinaloa Cartel.
(2) Jalisco New Generation Cartel.
(3) Beltran-Leyva Organization.
(4) Cartel del Noreste and Los Zetas.
(5) Guerreros Unidos.
(6) Gulf Cartel.
(7) Juarez Cartel and La Linea.
(8) La Familia Michoacana.
(9) Los Rojos.
(10) Tijuana Cartel.
(11) Las Moicas.
(12) Los Caballeros Templarios.
TITLE V--MANDATORY E-VERIFY
SEC. 1501. SHORT TITLE.
This title may be cited as the ``Legal Workforce Act''.
SEC. 1502. EMPLOYMENT ELIGIBILITY VERIFICATION PROCESS.
(a) In General.--Section 274A(b) of the Immigration and Nationality
Act (8 U.S.C. 1324a(b)) is amended to read as follows:
``(b) Employment Eligibility Verification Process.--
``(1) New hires, recruitment, and referral.--The
requirements referred to in paragraphs (1)(B) and (3) of
subsection (a) are, in the case of a person or other entity
hiring, recruiting, or referring an individual for employment
in the United States, the following:
``(A) Attestation after examination of
documentation.--
``(i) Attestation.--During the verification
period (as defined in subparagraph (E)), the
person or entity shall attest, under penalty of
perjury and on a form, including electronic and
telephonic formats, designated or established
by the Secretary by regulation not later than 6
months after the date of the enactment of the
Legal Workforce Act, that it has verified that
the individual is not an unauthorized alien
by--
``(I) obtaining from the individual
the individual's social security
account number or United States
passport number and recording the
number on the form (if the individual
claims to have been issued such a
number), and, if the individual does
not attest to United States nationality
under subparagraph (B), obtaining such
identification or authorization number
established by the Department of
Homeland Security for the alien as the
Secretary of Homeland Security may
specify, and recording such number on
the form; and
``(II) examining--
``(aa) a document relating
to the individual presenting it
described in clause (ii); or
``(bb) a document relating
to the individual presenting it
described in clause (iii) and a
document relating to the
individual presenting it
described in clause (iv).
``(ii) Documents evidencing employment
authorization and establishing identity.--A
document described in this subparagraph is an
individual's--
``(I) unexpired United States
passport or passport card;
``(II) unexpired permanent resident
card that contains a photograph;
``(III) unexpired employment
authorization card that contains a
photograph;
``(IV) in the case of a
nonimmigrant alien authorized to work
for a specific employer incident to
status, a foreign passport with Form I-
94 or Form I-94A, or other
documentation as designated by the
Secretary specifying the alien's
nonimmigrant status as long as the
period of status has not yet expired
and the proposed employment is not in
conflict with any restrictions or
limitations identified in the
documentation;
``(V) passport from the Federated
States of Micronesia (FSM) or the
Republic of the Marshall Islands (RMI)
with Form I-94 or Form I-94A, or other
documentation as designated by the
Secretary, indicating nonimmigrant
admission under the Compact of Free
Association Between the United States
and the FSM or RMI; or
``(VI) other document designated by
the Secretary of Homeland Security, if
the document--
``(aa) contains a
photograph of the individual
and biometric identification
data from the individual and
such other personal identifying
information relating to the
individual as the Secretary of
Homeland Security finds, by
regulation, sufficient for
purposes of this clause;
``(bb) is evidence of
authorization of employment in
the United States; and
``(cc) contains security
features to make it resistant
to tampering, counterfeiting,
and fraudulent use.
``(iii) Documents evidencing employment
authorization.--A document described in this
subparagraph is an individual's social security
account number card (other than such a card
which specifies on the face that the issuance
of the card does not authorize employment in
the United States).
``(iv) Documents establishing identity of
individual.--A document described in this
subparagraph is--
``(I) an individual's unexpired
State issued driver's license or
identification card if it contains a
photograph and information such as
name, date of birth, gender, height,
eye color, and address;
``(II) an individual's unexpired
U.S. military identification card;
``(III) an individual's unexpired
Native American tribal identification
document issued by a tribal entity
recognized by the Bureau of Indian
Affairs; or
``(IV) in the case of an individual
under 18 years of age, a parent or
legal guardian's attestation under
penalty of law as to the identity and
age of the individual.
``(v) Authority to prohibit use of certain
documents.--If the Secretary of Homeland
Security finds, by regulation, that any
document described in clause (i), (ii), or
(iii) as establishing employment authorization
or identity does not reliably establish such
authorization or identity or is being used
fraudulently to an unacceptable degree, the
Secretary may prohibit or place conditions on
its use for purposes of this paragraph.
``(vi) Signature.--Such attestation may be
manifested by either a handwritten or
electronic signature.
``(B) Individual attestation of employment
authorization.--During the verification period (as
defined in subparagraph (E)), the individual shall
attest, under penalty of perjury on the form designated
or established for purposes of subparagraph (A), that
the individual is a citizen or national of the United
States, an alien lawfully admitted for permanent
residence, or an alien who is authorized under this Act
or by the Secretary of Homeland Security to be hired,
recruited, or referred for such employment. Such
attestation may be manifested by either a handwritten
or electronic signature. The individual shall also
provide that individual's social security account
number or United States passport number (if the
individual claims to have been issued such a number),
and, if the individual does not attest to United States
nationality under this subparagraph, such
identification or authorization number established by
the Department of Homeland Security for the alien as
the Secretary may specify.
``(C) Retention of verification form and
verification.--
``(i) In general.--After completion of such
form in accordance with subparagraphs (A) and
(B), the person or entity shall--
``(I) retain a paper, microfiche,
microfilm, or electronic version of the
form and make it available for
inspection by officers of the
Department of Homeland Security, the
Department of Justice, or the
Department of Labor during a period
beginning on the date of the recruiting
or referral of the individual, or, in
the case of the hiring of an
individual, the date on which the
verification is completed, and ending--
``(aa) in the case of the
recruiting or referral of an
individual, 3 years after the
date of the recruiting or
referral; and
``(bb) in the case of the
hiring of an individual, the
later of 3 years after the date
the verification is completed
or one year after the date the
individual's employment is
terminated; and
``(II) during the verification
period (as defined in subparagraph
(E)), make an inquiry, as provided in
subsection (d), using the verification
system to seek verification of the
identity and employment eligibility of
an individual.
``(ii) Confirmation.--
``(I) Confirmation received.--If
the person or other entity receives an
appropriate confirmation of an
individual's identity and work
eligibility under the verification
system within the time period
specified, the person or entity shall
record on the form an appropriate code
that is provided under the system and
that indicates a final confirmation of
such identity and work eligibility of
the individual.
``(II) Tentative nonconfirmation
received.--If the person or other
entity receives a tentative
nonconfirmation of an individual's
identity or work eligibility under the
verification system within the time
period specified, the person or entity
shall so inform the individual for whom
the verification is sought. If the
individual does not contest the
nonconfirmation within the time period
specified, the nonconfirmation shall be
considered final. The person or entity
shall then record on the form an
appropriate code which has been
provided under the system to indicate a
final nonconfirmation. If the
individual does contest the
nonconfirmation, the individual shall
utilize the process for secondary
verification provided under subsection
(d). The nonconfirmation will remain
tentative until a final confirmation or
nonconfirmation is provided by the
verification system within the time
period specified. In no case shall an
employer terminate employment of an
individual because of a failure of the
individual to have identity and work
eligibility confirmed under this
section until a nonconfirmation becomes
final. Nothing in this clause shall
apply to a termination of employment
for any reason other than because of
such a failure. In no case shall an
employer rescind the offer of
employment to an individual because of
a failure of the individual to have
identity and work eligibility confirmed
under this subsection until a
nonconfirmation becomes final. Nothing
in this subclause shall apply to a
recission of the offer of employment
for any reason other than because of
such a failure.
``(III) Final confirmation or
nonconfirmation received.--If a final
confirmation or nonconfirmation is
provided by the verification system
regarding an individual, the person or
entity shall record on the form an
appropriate code that is provided under
the system and that indicates a
confirmation or nonconfirmation of
identity and work eligibility of the
individual.
``(IV) Extension of time.--If the
person or other entity in good faith
attempts to make an inquiry during the
time period specified and the
verification system has registered that
not all inquiries were received during
such time, the person or entity may
make an inquiry in the first subsequent
working day in which the verification
system registers that it has received
all inquiries. If the verification
system cannot receive inquiries at all
times during a day, the person or
entity merely has to assert that the
entity attempted to make the inquiry on
that day for the previous sentence to
apply to such an inquiry, and does not
have to provide any additional proof
concerning such inquiry.
``(V) Consequences of
nonconfirmation.--
``(aa) Termination or
notification of continued
employment.--If the person or
other entity has received a
final nonconfirmation regarding
an individual, the person or
entity may terminate employment
of the individual (or decline
to recruit or refer the
individual). If the person or
entity does not terminate
employment of the individual or
proceeds to recruit or refer
the individual, the person or
entity shall notify the
Secretary of Homeland Security
of such fact through the
verification system or in such
other manner as the Secretary
may specify.
``(bb) Failure to notify.--
If the person or entity fails
to provide notice with respect
to an individual as required
under item (aa), the failure is
deemed to constitute a
violation of subsection
(a)(1)(A) with respect to that
individual.
``(VI) Continued employment after
final nonconfirmation.--If the person
or other entity continues to employ (or
to recruit or refer) an individual
after receiving final nonconfirmation,
a rebuttable presumption is created
that the person or entity has violated
subsection (a)(1)(A).
``(D) Effective dates of new procedures.--
``(i) Hiring.--Except as provided in clause
(iii), the provisions of this paragraph shall
apply to a person or other entity hiring an
individual for employment in the United States
as follows:
``(I) With respect to employers
having 10,000 or more employees in the
United States on the date of the
enactment of the Legal Workforce Act,
on the date that is 6 months after the
date of the enactment of such Act.
``(II) With respect to employers
having 500 or more employees in the
United States, but less than 10,000
employees in the United States, on the
date of the enactment of the Legal
Workforce Act, on the date that is 12
months after the date of the enactment
of such Act.
``(III) With respect to employers
having 20 or more employees in the
United States, but less than 500
employees in the United States, on the
date of the enactment of the Legal
Workforce Act, on the date that is 18
months after the date of the enactment
of such Act.
``(IV) With respect to employers
having one or more employees in the
United States, but less than 20
employees in the United States, on the
date of the enactment of the Legal
Workforce Act, on the date that is 24
months after the date of the enactment
of such Act.
``(ii) Recruiting and referring.--Except as
provided in clause (iii), the provisions of
this paragraph shall apply to a person or other
entity recruiting or referring an individual
for employment in the United States on the date
that is 12 months after the date of the
enactment of the Legal Workforce Act.
``(iii) Agricultural labor or services.--
With respect to an employee performing
agricultural labor or services, this paragraph
shall not apply with respect to the
verification of the employee until the date
that is 30 months after the date of the
enactment of the Legal Workforce Act. For
purposes of the preceding sentence, the term
`agricultural labor or services' has the
meaning given such term by the Secretary of
Agriculture in regulations and includes
agricultural labor as defined in section
3121(g) of the Internal Revenue Code of 1986,
agriculture as defined in section 3(f) of the
Fair Labor Standards Act of 1938 (29 U.S.C.
203(f)), the handling, planting, drying,
packing, packaging, processing, freezing, or
grading prior to delivery for storage of any
agricultural or horticultural commodity in its
unmanufactured state, all activities required
for the preparation, processing or
manufacturing of a product of agriculture (as
such term is defined in such section 3(f)) for
further distribution, and activities similar to
all the foregoing as they relate to fish or
shellfish facilities. An employee described in
this clause shall not be counted for purposes
of clause (i).
``(iv) Extensions.--Upon request by an
employer having 50 or fewer employees, the
Secretary shall allow a one-time 6-month
extension of the effective date set out in this
subparagraph applicable to such employer. Such
request shall be made to the Secretary and
shall be made prior to such effective date.
``(v) Transition rule.--Subject to
paragraph (4), the following shall apply to a
person or other entity hiring, recruiting, or
referring an individual for employment in the
United States until the effective date or dates
applicable under clauses (i) through (iii):
``(I) This subsection, as in effect
before the enactment of the Legal
Workforce Act.
``(II) Subtitle A of title IV of
the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8
U.S.C. 1324a note), as in effect before
the effective date in section 6107(c)
of the Legal Workforce Act.
``(III) Any other provision of
Federal law requiring the person or
entity to participate in the E-Verify
Program described in section 403(a) of
the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8
U.S.C. 1324a note), as in effect before
the effective date in section 6107(c)
of the Legal Workforce Act, including
Executive Order 13465 (8 U.S.C. 1324a
note; relating to Government
procurement).
``(E) Verification period defined.--
``(i) In general.--For purposes of this
paragraph:
``(I) In the case of recruitment or
referral, the term `verification
period' means the period ending on the
date recruiting or referring commences.
``(II) In the case of hiring, the
term `verification period' means the
period beginning on the date on which
an offer of employment is extended and
ending on the date that is three
business days after the date of hire,
except as provided in clause (iii). The
offer of employment may be conditioned
in accordance with clause (ii).
``(ii) Job offer may be conditional.--A
person or other entity may offer a prospective
employee an employment position that is
conditioned on final verification of the
identity and employment eligibility of the
employee using the procedures established under
this paragraph.
``(iii) Special rule.--Notwithstanding
clause (i)(II), in the case of an alien who is
authorized for employment and who provides
evidence from the Social Security
Administration that the alien has applied for a
social security account number, the
verification period ends three business days
after the alien receives the social security
account number.
``(2) Reverification for individuals with limited work
authorization.--
``(A) In general.--Except as provided in
subparagraph (B), a person or entity shall make an
inquiry, as provided in subsection (d), using the
verification system to seek reverification of the
identity and employment eligibility of all individuals
with a limited period of work authorization employed by
the person or entity during the three business days
after the date on which the employee's work
authorization expires as follows:
``(i) With respect to employers having
10,000 or more employees in the United States
on the date of the enactment of the Legal
Workforce Act, beginning on the date that is 6
months after the date of the enactment of such
Act.
``(ii) With respect to employers having 500
or more employees in the United States, but
less than 10,000 employees in the United
States, on the date of the enactment of the
Legal Workforce Act, beginning on the date that
is 12 months after the date of the enactment of
such Act.
``(iii) With respect to employers having 20
or more employees in the United States, but
less than 500 employees in the United States,
on the date of the enactment of the Legal
Workforce Act, beginning on the date that is 18
months after the date of the enactment of such
Act.
``(iv) With respect to employers having one
or more employees in the United States, but
less than 20 employees in the United States, on
the date of the enactment of the Legal
Workforce Act, beginning on the date that is 24
months after the date of the enactment of such
Act.
``(B) Agricultural labor or services.--With respect
to an employee performing agricultural labor or
services, or an employee recruited or referred by a
farm labor contractor (as defined in section 3 of the
Migrant and Seasonal Agricultural Worker Protection Act
(29 U.S.C. 1801)), subparagraph (A) shall not apply
with respect to the reverification of the employee
until the date that is 30 months after the date of the
enactment of the Legal Workforce Act. For purposes of
the preceding sentence, the term `agricultural labor or
services' has the meaning given such term by the
Secretary of Agriculture in regulations and includes
agricultural labor as defined in section 3121(g) of the
Internal Revenue Code of 1986, agriculture as defined
in section 3(f) of the Fair Labor Standards Act of 1938
(29 U.S.C. 203(f)), the handling, planting, drying,
packing, packaging, processing, freezing, or grading
prior to delivery for storage of any agricultural or
horticultural commodity in its unmanufactured state,
all activities required for the preparation,
processing, or manufacturing of a product of
agriculture (as such term is defined in such section
3(f)) for further distribution, and activities similar
to all the foregoing as they relate to fish or
shellfish facilities. An employee described in this
subparagraph shall not be counted for purposes of
subparagraph (A).
``(C) Reverification.--Paragraph (1)(C)(ii) shall
apply to reverifications pursuant to this paragraph on
the same basis as it applies to verifications pursuant
to paragraph (1), except that employers shall--
``(i) use a form designated or established
by the Secretary by regulation for purposes of
this paragraph; and
``(ii) retain a paper, microfiche,
microfilm, or electronic version of the form
and make it available for inspection by
officers of the Department of Homeland
Security, the Department of Justice, or the
Department of Labor during the period beginning
on the date the reverification commences and
ending on the date that is the later of 3 years
after the date of such reverification or 1 year
after the date the individual's employment is
terminated.
``(3) Previously hired individuals.--
``(A) On a mandatory basis for certain employees.--
``(i) In general.--Not later than the date
that is 6 months after the date of the
enactment of the Legal Workforce Act, an
employer shall make an inquiry, as provided in
subsection (d), using the verification system
to seek verification of the identity and
employment eligibility of any individual
described in clause (ii) employed by the
employer whose employment eligibility has not
been verified under the E-Verify Program
described in section 403(a) of the Illegal
Immigration Reform and Immigrant Responsibility
Act of 1996 (8 U.S.C. 1324a note).
``(ii) Individuals described.--An
individual described in this clause is any of
the following:
``(I) An employee of any unit of a
Federal, State, or local government.
``(II) An employee who requires a
Federal security clearance working in a
Federal, State, or local government
building, a military base, a nuclear
energy site, a weapons site, or an
airport or other facility that requires
workers to carry a Transportation
Worker Identification Credential
(TWIC).
``(III) An employee assigned to
perform work in the United States under
a Federal contract, except that this
subclause--
``(aa) is not applicable to
individuals who have a
clearance under Homeland
Security Presidential Directive
12 (HSPD 12 clearance), are
administrative or overhead
personnel, or are working
solely on contracts that
provide Commercial Off The
Shelf goods or services as set
forth by the Federal
Acquisition Regulatory Council,
unless they are subject to
verification under subclause
(II); and
``(bb) only applies to
contracts over the simple
acquisition threshold as
defined in section 2.101 of
title 48, Code of Federal
Regulations.
``(B) On a mandatory basis for multiple users of
same social security account number.--In the case of an
employer who is required by this subsection to use the
verification system described in subsection (d), or has
elected voluntarily to use such system, the employer
shall make inquiries to the system in accordance with
the following:
``(i) The Commissioner of Social Security
shall notify annually employees (at the
employee address listed on the Wage and Tax
Statement) who submit a social security account
number to which more than one employer reports
income and for which there is a pattern of
unusual multiple use. The notification letter
shall identify the number of employers to which
income is being reported as well as sufficient
information notifying the employee of the
process to contact the Social Security
Administration Fraud Hotline if the employee
believes the employee's identity may have been
stolen. The notice shall not share information
protected as private, in order to avoid any
recipient of the notice from being in the
position to further commit or begin committing
identity theft.
``(ii) If the person to whom the social
security account number was issued by the
Social Security Administration has been
identified and confirmed by the Commissioner,
and indicates that the social security account
number was used without their knowledge, the
Secretary and the Commissioner shall lock the
social security account number for employment
eligibility verification purposes and shall
notify the employers of the individuals who
wrongfully submitted the social security
account number that the employee may not be
work eligible.
``(iii) Each employer receiving such
notification of an incorrect social security
account number under clause (ii) shall use the
verification system described in subsection (d)
to check the work eligibility status of the
applicable employee within 10 business days of
receipt of the notification.
``(C) On a voluntary basis.--Subject to paragraph
(2), and subparagraphs (A) through (C) of this
paragraph, beginning on the date that is 30 days after
the date of the enactment of the Legal Workforce Act,
an employer may make an inquiry, as provided in
subsection (d), using the verification system to seek
verification of the identity and employment eligibility
of any individual employed by the employer. If an
employer chooses voluntarily to seek verification of
any individual employed by the employer, the employer
shall seek verification of all individuals employed at
the same geographic location or, at the option of the
employer, all individuals employed within the same job
category, as the employee with respect to whom the
employer seeks voluntarily to use the verification
system. An employer's decision about whether or not
voluntarily to seek verification of its current
workforce under this subparagraph may not be considered
by any government agency in any proceeding,
investigation, or review provided for in this Act.
``(D) Verification.--Paragraph (1)(C)(ii) shall
apply to verifications pursuant to this paragraph on
the same basis as it applies to verifications pursuant
to paragraph (1), except that employers shall--
``(i) use a form designated or established
by the Secretary by regulation for purposes of
this paragraph; and
``(ii) retain a paper, microfiche,
microfilm, or electronic version of the form
and make it available for inspection by
officers of the Department of Homeland
Security, the Department of Justice, or the
Department of Labor during the period beginning
on the date the verification commences and
ending on the date that is the later of 3 years
after the date of such verification or 1 year
after the date the individual's employment is
terminated.
``(4) Early compliance.--
``(A) Former e-verify required users, including
federal contractors.--Notwithstanding the deadlines in
paragraphs (1) and (2), beginning on the date of the
enactment of the Legal Workforce Act, the Secretary is
authorized to commence requiring employers required to
participate in the E-Verify Program described in
section 403(a) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a
note), including employers required to participate in
such program by reason of Federal acquisition laws (and
regulations promulgated under those laws, including the
Federal Acquisition Regulation), to commence compliance
with the requirements of this subsection (and any
additional requirements of such Federal acquisition
laws and regulation) in lieu of any requirement to
participate in the E-Verify Program.
``(B) Former e-verify voluntary users and others
desiring early compliance.--Notwithstanding the
deadlines in paragraphs (1) and (2), beginning on the
date of the enactment of the Legal Workforce Act, the
Secretary shall provide for the voluntary compliance
with the requirements of this subsection by employers
voluntarily electing to participate in the E-Verify
Program described in section 403(a) of the Illegal
Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1324a note) before such date, as well as
by other employers seeking voluntary early compliance.
``(5) Copying of documentation permitted.--Notwithstanding
any other provision of law, the person or entity may copy a
document presented by an individual pursuant to this subsection
and may retain the copy, but only (except as otherwise
permitted under law) for the purpose of complying with the
requirements of this subsection.
``(6) Limitation on use of forms.--A form designated or
established by the Secretary of Homeland Security under this
subsection and any information contained in or appended to such
form, may not be used for purposes other than for enforcement
of this Act and any other provision of Federal criminal law.
``(7) Good faith compliance.--
``(A) In general.--Except as otherwise provided in
this subsection, a person or entity is considered to
have complied with a requirement of this subsection
notwithstanding a technical or procedural failure to
meet such requirement if there was a good faith attempt
to comply with the requirement.
``(B) Exception if failure to correct after
notice.--Subparagraph (A) shall not apply if--
``(i) the failure is not de minimis;
``(ii) the Secretary of Homeland Security
has explained to the person or entity the basis
for the failure and why it is not de minimis;
``(iii) the person or entity has been
provided a period of not less than 30 calendar
days (beginning after the date of the
explanation) within which to correct the
failure; and
``(iv) the person or entity has not
corrected the failure voluntarily within such
period.
``(C) Exception for pattern or practice
violators.--Subparagraph (A) shall not apply to a
person or entity that has or is engaging in a pattern
or practice of violations of subsection (a)(1)(A) or
(a)(2).
``(8) Single extension of deadlines upon certification.--In
a case in which the Secretary of Homeland Security has
certified to the Congress that the employment eligibility
verification system required under subsection (d) will not be
fully operational by the date that is 6 months after the date
of the enactment of the Legal Workforce Act, each deadline
established under this section for an employer to make an
inquiry using such system shall be extended by 6 months. No
other extension of such a deadline shall be made except as
authorized under paragraph (1)(D)(iv).''.
(b) Date of Hire.--Section 274A(h) of the Immigration and
Nationality Act (8 U.S.C. 1324a(h)) is amended by adding at the end the
following:
``(4) Definition of date of hire.--As used in this section,
the term `date of hire' means the date of actual commencement
of employment for wages or other remuneration, unless otherwise
specified.''.
SEC. 1503. EMPLOYMENT ELIGIBILITY VERIFICATION SYSTEM.
Section 274A(d) of the Immigration and Nationality Act (8 U.S.C.
1324a(d)) is amended to read as follows:
``(d) Employment Eligibility Verification System.--
``(1) In general.--Patterned on the employment eligibility
confirmation system established under section 404 of the
Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1324a note), the Secretary of Homeland Security
shall establish and administer a verification system through
which the Secretary (or a designee of the Secretary, which may
be a nongovernmental entity)--
``(A) responds to inquiries made by persons at any
time through a toll-free telephone line and other toll-
free electronic media concerning an individual's
identity and whether the individual is authorized to be
employed; and
``(B) maintains records of the inquiries that were
made, of verifications provided (or not provided), and
of the codes provided to inquirers as evidence of their
compliance with their obligations under this section.
``(2) Initial response.--The verification system shall
provide confirmation or a tentative nonconfirmation of an
individual's identity and employment eligibility within 3
working days of the initial inquiry. If providing confirmation
or tentative nonconfirmation, the verification system shall
provide an appropriate code indicating such confirmation or
such nonconfirmation.
``(3) Secondary confirmation process in case of tentative
nonconfirmation.--In cases of tentative nonconfirmation, the
Secretary shall specify, in consultation with the Commissioner
of Social Security, an available secondary verification process
to confirm the validity of information provided and to provide
a final confirmation or nonconfirmation not later than 10
working days after the date on which the notice of the
tentative nonconfirmation is received by the employee. The
Secretary, in consultation with the Commissioner, may extend
this deadline once on a case-by-case basis for a period of 10
working days, and if the time is extended, shall document such
extension within the verification system. The Secretary, in
consultation with the Commissioner, shall notify the employee
and employer of such extension. The Secretary, in consultation
with the Commissioner, shall create a standard process of such
extension and notification and shall make a description of such
process available to the public. When final confirmation or
nonconfirmation is provided, the verification system shall
provide an appropriate code indicating such confirmation or
nonconfirmation.
``(4) Design and operation of system.--The verification
system shall be designed and operated--
``(A) to maximize its reliability and ease of use
by persons and other entities consistent with
insulating and protecting the privacy and security of
the underlying information;
``(B) to respond to all inquiries made by such
persons and entities on whether individuals are
authorized to be employed and to register all times
when such inquiries are not received;
``(C) with appropriate administrative, technical,
and physical safeguards to prevent unauthorized
disclosure of personal information;
``(D) to have reasonable safeguards against the
system's resulting in unlawful discriminatory practices
based on national origin or citizenship status,
including--
``(i) the selective or unauthorized use of
the system to verify eligibility; or
``(ii) the exclusion of certain individuals
from consideration for employment as a result
of a perceived likelihood that additional
verification will be required, beyond what is
required for most job applicants;
``(E) to maximize the prevention of identity theft
use in the system; and
``(F) to limit the subjects of verification to the
following individuals:
``(i) Individuals hired, referred, or
recruited, in accordance with paragraph (1) or
(4) of subsection (b).
``(ii) Employees and prospective employees,
in accordance with paragraph (1), (2), (3), or
(4) of subsection (b).
``(iii) Individuals seeking to confirm
their own employment eligibility on a voluntary
basis.
``(5) Responsibilities of commissioner of social
security.--As part of the verification system, the Commissioner
of Social Security, in consultation with the Secretary of
Homeland Security (and any designee of the Secretary selected
to establish and administer the verification system), shall
establish a reliable, secure method, which, within the time
periods specified under paragraphs (2) and (3), compares the
name and social security account number provided in an inquiry
against such information maintained by the Commissioner in
order to validate (or not validate) the information provided
regarding an individual whose identity and employment
eligibility must be confirmed, the correspondence of the name
and number, and whether the individual has presented a social
security account number that is not valid for employment. The
Commissioner shall not disclose or release social security
information (other than such confirmation or nonconfirmation)
under the verification system except as provided for in this
section or section 205(c)(2)(I) of the Social Security Act.
``(6) Responsibilities of secretary of homeland security.--
As part of the verification system, the Secretary of Homeland
Security (in consultation with any designee of the Secretary
selected to establish and administer the verification system),
shall establish a reliable, secure method, which, within the
time periods specified under paragraphs (2) and (3), compares
the name and alien identification or authorization number (or
any other information as determined relevant by the Secretary)
which are provided in an inquiry against such information
maintained or accessed by the Secretary in order to validate
(or not validate) the information provided, the correspondence
of the name and number, whether the alien is authorized to be
employed in the United States, or to the extent that the
Secretary determines to be feasible and appropriate, whether
the records available to the Secretary verify the identity or
status of a national of the United States.
``(7) Updating information.--The Commissioner of Social
Security and the Secretary of Homeland Security shall update
their information in a manner that promotes the maximum
accuracy and shall provide a process for the prompt correction
of erroneous information, including instances in which it is
brought to their attention in the secondary verification
process described in paragraph (3).
``(8) Limitation on use of the verification system and any
related systems.--
``(A) No national identification card.--Nothing in
this section shall be construed to authorize, directly
or indirectly, the issuance or use of national
identification cards or the establishment of a national
identification card.
``(B) Critical infrastructure.--The Secretary may
authorize or direct any person or entity responsible
for granting access to, protecting, securing,
operating, administering, or regulating part of the
critical infrastructure (as defined in section 1016(e)
of the Critical Infrastructure Protection Act of 2001
(42 U.S.C. 5195c(e))) to use the verification system to
the extent the Secretary determines that such use will
assist in the protection of the critical
infrastructure.
``(9) Remedies.--If an individual alleges that the
individual would not have been dismissed from a job but for an
error of the verification mechanism, the individual may seek
compensation only through the mechanism of the Federal Tort
Claims Act, and injunctive relief to correct such error. No
class action may be brought under this paragraph.''.
SEC. 1504. RECRUITMENT, REFERRAL, AND CONTINUATION OF EMPLOYMENT.
(a) Additional Changes to Rules for Recruitment, Referral, and
Continuation of Employment.--Section 274A(a) of the Immigration and
Nationality Act (8 U.S.C. 1324a(a)) is amended--
(1) in paragraph (1)(A), by striking ``for a fee'';
(2) in paragraph (1), by amending subparagraph (B) to read
as follows:
``(B) to hire, continue to employ, or to recruit or
refer for employment in the United States an individual
without complying with the requirements of subsection
(b).''; and
(3) in paragraph (2), by striking ``after hiring an alien
for employment in accordance with paragraph (1),'' and
inserting ``after complying with paragraph (1),''.
(b) Definition.--Section 274A(h) of the Immigration and Nationality
Act (8 U.S.C. 1324a(h)), as amended by section 1602(b) of this Act, is
further amended by adding at the end the following:
``(5) Definition of recruit or refer.--As used in this
section, the term `refer' means the act of sending or directing
a person who is in the United States or transmitting
documentation or information to another, directly or
indirectly, with the intent of obtaining employment in the
United States for such person. Only persons or entities
referring for remuneration (whether on a retainer or
contingency basis) are included in the definition, except that
union hiring halls that refer union members or nonunion
individuals who pay union membership dues are included in the
definition whether or not they receive remuneration, as are
labor service entities or labor service agencies, whether
public, private, for-profit, or nonprofit, that refer,
dispatch, or otherwise facilitate the hiring of laborers for
any period of time by a third party. As used in this section,
the term `recruit' means the act of soliciting a person who is
in the United States, directly or indirectly, and referring the
person to another with the intent of obtaining employment for
that person. Only persons or entities referring for
remuneration (whether on a retainer or contingency basis) are
included in the definition, except that union hiring halls that
refer union members or nonunion individuals who pay union
membership dues are included in this definition whether or not
they receive remuneration, as are labor service entities or
labor service agencies, whether public, private, for-profit, or
nonprofit that recruit, dispatch, or otherwise facilitate the
hiring of laborers for any period of time by a third party.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date that is 1 year after the date of the enactment of
this Act, except that the amendments made by subsection (a) shall take
effect 6 months after the date of the enactment of this Act insofar as
such amendments relate to continuation of employment.
SEC. 1505. GOOD FAITH DEFENSE.
Section 274A(a)(3) of the Immigration and Nationality Act (8 U.S.C.
1324a(a)(3)) is amended to read as follows:
``(3) Good faith defense.--
``(A) Defense.--An employer (or person or entity
that hires, employs, recruits, or refers (as defined in
subsection (h)(5)), or is otherwise obligated to comply
with this section) who establishes that it has complied
in good faith with the requirements of subsection (b)--
``(i) shall not be liable to a job
applicant, an employee, the Federal Government,
or a State or local government, under Federal,
State, or local criminal or civil law for any
employment-related action taken with respect to
a job applicant or employee in good-faith
reliance on information provided through the
system established under subsection (d); and
``(ii) has established compliance with its
obligations under subparagraphs (A) and (B) of
paragraph (1) and subsection (b) absent a
showing by the Secretary of Homeland Security,
by clear and convincing evidence, that the
employer had knowledge that an employee is an
unauthorized alien.
``(B) Mitigation element.--For purposes of
subparagraph (A)(i), if an employer proves by a
preponderance of the evidence that the employer uses a
reasonable, secure, and established technology to
authenticate the identity of the new employee, that
fact shall be taken into account for purposes of
determining good faith use of the system established
under subsection (d).
``(C) Failure to seek and obtain verification.--
Subject to the effective dates and other deadlines
applicable under subsection (b), in the case of a
person or entity in the United States that hires, or
continues to employ, an individual, or recruits or
refers an individual for employment, the following
requirements apply:
``(i) Failure to seek verification.--
``(I) In general.--If the person or
entity has not made an inquiry, under
the mechanism established under
subsection (d) and in accordance with
the timeframes established under
subsection (b), seeking verification of
the identity and work eligibility of
the individual, the defense under
subparagraph (A) shall not be
considered to apply with respect to any
employment, except as provided in
subclause (II).
``(II) Special rule for failure of
verification mechanism.--If such a
person or entity in good faith attempts
to make an inquiry in order to qualify
for the defense under subparagraph (A)
and the verification mechanism has
registered that not all inquiries were
responded to during the relevant time,
the person or entity can make an
inquiry until the end of the first
subsequent working day in which the
verification mechanism registers no
nonresponses and qualify for such
defense.
``(ii) Failure to obtain verification.--If
the person or entity has made the inquiry
described in clause (i)(I) but has not received
an appropriate verification of such identity
and work eligibility under such mechanism
within the time period specified under
subsection (d)(2) after the time the
verification inquiry was received, the defense
under subparagraph (A) shall not be considered
to apply with respect to any employment after
the end of such time period.''.
SEC. 1506. PREEMPTION AND STATES' RIGHTS.
Section 274A(h)(2) of the Immigration and Nationality Act (8 U.S.C.
1324a(h)(2)) is amended to read as follows:
``(2) Preemption.--
``(A) Single, national policy.--The provisions of
this section preempt any State or local law, ordinance,
policy, or rule, including any criminal or civil fine
or penalty structure, insofar as they may now or
hereafter relate to the hiring, continued employment,
or status verification for employment eligibility
purposes, of unauthorized aliens.
``(B) State enforcement of federal law.--
``(i) Business licensing.--A State,
locality, municipality, or political
subdivision may exercise its authority over
business licensing and similar laws as a
penalty for failure to use the verification
system described in subsection (d) to verify
employment eligibility when and as required
under subsection (b).
``(ii) General rules.--A State, at its own
cost, may enforce the provisions of this
section, but only insofar as such State follows
the Federal regulations implementing this
section, applies the Federal penalty structure
set out in this section, and complies with all
Federal rules and guidance concerning
implementation of this section. Such State may
collect any fines assessed under this section.
An employer may not be subject to enforcement,
including audit and investigation, by both a
Federal agency and a State for the same
violation under this section. Whichever entity,
the Federal agency or the State, is first to
initiate the enforcement action, has the right
of first refusal to proceed with the
enforcement action. The Secretary must provide
copies of all guidance, training, and field
instructions provided to Federal officials
implementing the provisions of this section to
each State.''.
SEC. 1507. REPEAL.
(a) In General.--Subtitle A of title IV of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note)
is repealed.
(b) References.--Any reference in any Federal law, Executive order,
rule, regulation, or delegation of authority, or any document of, or
pertaining to, the Department of Homeland Security, Department of
Justice, or the Social Security Administration, to the employment
eligibility confirmation system established under section 404 of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1324a note) is deemed to refer to the employment eligibility
confirmation system established under section 274A(d) of the
Immigration and Nationality Act, as amended by section 1603 of this
Act.
(c) Effective Date.--This section shall take effect on the date
that is 30 months after the date of the enactment of this Act.
(d) Clerical Amendment.--The table of sections, in section 1(d) of
the Illegal Immigration Reform and Immigrant Responsibility Act of
1996, is amended by striking the items relating to subtitle A of title
IV.
SEC. 1508. PENALTIES.
Section 274A of the Immigration and Nationality Act (8 U.S.C.
1324a) is amended--
(1) in subsection (e)(1)--
(A) by striking ``Attorney General'' each place
such term appears and inserting ``Secretary of Homeland
Security''; and
(B) in subparagraph (D), by striking ``Service''
and inserting ``Department of Homeland Security'';
(2) in subsection (e)(4)--
(A) in subparagraph (A), in the matter before
clause (i), by inserting ``, subject to paragraph
(10),'' after ``in an amount'';
(B) in subparagraph (A)(i), by striking ``not less
than $250 and not more than $2,000'' and inserting
``not less than $2,500 and not more than $5,000'';
(C) in subparagraph (A)(ii), by striking ``not less
than $2,000 and not more than $5,000'' and inserting
``not less than $5,000 and not more than $10,000'';
(D) in subparagraph (A)(iii), by striking ``not
less than $3,000 and not more than $10,000'' and
inserting ``not less than $10,000 and not more than
$25,000''; and
(E) by moving the margin of the continuation text
following subparagraph (B) two ems to the left and by
amending subparagraph (B) to read as follows:
``(B) may require the person or entity to take such
other remedial action as is appropriate.'';
(3) in subsection (e)(5)--
(A) in the paragraph heading, strike ``paperwork'';
(B) by inserting ``, subject to paragraphs (10)
through (12),'' after ``in an amount'';
(C) by striking ``$100'' and inserting ``$1,000'';
(D) by striking ``$1,000'' and inserting
``$25,000''; and
(E) by adding at the end the following: ``Failure
by a person or entity to utilize the employment
eligibility verification system as required by law, or
providing information to the system that the person or
entity knows or reasonably believes to be false, shall
be treated as a violation of subsection (a)(1)(A).'';
(4) by adding at the end of subsection (e) the following:
``(10) Exemption from penalty for good faith violation.--In
the case of imposition of a civil penalty under paragraph
(4)(A) with respect to a violation of subsection (a)(1)(A) or
(a)(2) for hiring or continuation of employment or recruitment
or referral by person or entity and in the case of imposition
of a civil penalty under paragraph (5) for a violation of
subsection (a)(1)(B) for hiring or recruitment or referral by a
person or entity, the penalty otherwise imposed may be waived
or reduced if the violator establishes that the violator acted
in good faith.
``(11) Mitigation element.--For purposes of paragraph (4),
the size of the business shall be taken into account when
assessing the level of civil money penalty.
``(12) Authority to debar employers for certain
violations.--
``(A) In general.--If a person or entity is
determined by the Secretary of Homeland Security to be
a repeat violator of paragraph (1)(A) or (2) of
subsection (a), or is convicted of a crime under this
section, such person or entity may be considered for
debarment from the receipt of Federal contracts,
grants, or cooperative agreements in accordance with
the debarment standards and pursuant to the debarment
procedures set forth in the Federal Acquisition
Regulation.
``(B) Does not have contract, grant, agreement.--If
the Secretary of Homeland Security or the Attorney
General wishes to have a person or entity considered
for debarment in accordance with this paragraph, and
such a person or entity does not hold a Federal
contract, grant, or cooperative agreement, the
Secretary or Attorney General shall refer the matter to
the Administrator of General Services to determine
whether to list the person or entity on the List of
Parties Excluded from Federal Procurement, and if so,
for what duration and under what scope.
``(C) Has contract, grant, agreement.--If the
Secretary of Homeland Security or the Attorney General
wishes to have a person or entity considered for
debarment in accordance with this paragraph, and such
person or entity holds a Federal contract, grant, or
cooperative agreement, the Secretary or Attorney
General shall advise all agencies or departments
holding a contract, grant, or cooperative agreement
with the person or entity of the Government's interest
in having the person or entity considered for
debarment, and after soliciting and considering the
views of all such agencies and departments, the
Secretary or Attorney General may refer the matter to
any appropriate lead agency to determine whether to
list the person or entity on the List of Parties
Excluded from Federal Procurement, and if so, for what
duration and under what scope.
``(D) Review.--Any decision to debar a person or
entity in accordance with this paragraph shall be
reviewable pursuant to part 9.4 of the Federal
Acquisition Regulation.
``(13) Office for state and local government complaints.--
The Secretary of Homeland Security shall establish an office--
``(A) to which State and local government agencies
may submit information indicating potential violations
of subsection (a), (b), or (g)(1) that were generated
in the normal course of law enforcement or the normal
course of other official activities in the State or
locality;
``(B) that is required to indicate to the
complaining State or local agency within five business
days of the filing of such a complaint by identifying
whether the Secretary will further investigate the
information provided;
``(C) that is required to investigate those
complaints filed by State or local government agencies
that, on their face, have a substantial probability of
validity;
``(D) that is required to notify the complaining
State or local agency of the results of any such
investigation conducted; and
``(E) that is required to report to the Congress
annually the number of complaints received under this
paragraph, the States and localities that filed such
complaints, and the resolution of the complaints
investigated by the Secretary.''; and
(5) by amending paragraph (1) of subsection (f) to read as
follows:
``(1) Criminal penalty.--Any person or entity which engages
in a pattern or practice of violations of subsection (a) (1) or
(2) shall be fined not more than $5,000 for each unauthorized
alien with respect to which such a violation occurs, imprisoned
for not more than 18 months, or both, notwithstanding the
provisions of any other Federal law relating to fine levels.''.
SEC. 1509. FRAUD AND MISUSE OF DOCUMENTS.
Section 1546(b) of title 18, United States Code, is amended--
(1) in paragraph (1), by striking ``identification
document,'' and inserting ``identification document or document
meant to establish work authorization (including the documents
described in section 274A(b) of the Immigration and Nationality
Act),''; and
(2) in paragraph (2), by striking ``identification
document'' and inserting ``identification document or document
meant to establish work authorization (including the documents
described in section 274A(b) of the Immigration and Nationality
Act),''.
SEC. 1510. PROTECTION OF SOCIAL SECURITY ADMINISTRATION PROGRAMS.
(a) Funding Under Agreement.--Effective for fiscal years beginning
on or after October 1, 2025, the Commissioner of Social Security and
the Secretary of Homeland Security shall enter into and maintain an
agreement which shall--
(1) provide funds to the Commissioner for the full costs of
the responsibilities of the Commissioner under section 274A(d)
of the Immigration and Nationality Act (8 U.S.C. 1324a(d)), as
amended by section 1503 of this Act, including (but not limited
to)--
(A) acquiring, installing, and maintaining
technological equipment and systems necessary for the
fulfillment of the responsibilities of the Commissioner
under such section 274A(d), but only that portion of
such costs that are attributable exclusively to such
responsibilities; and
(B) responding to individuals who contest a
tentative nonconfirmation provided by the employment
eligibility verification system established under such
section;
(2) provide such funds annually in advance of the
applicable quarter based on estimating methodology agreed to by
the Commissioner and the Secretary (except in such instances
where the delayed enactment of an annual appropriation may
preclude such quarterly payments); and
(3) require an annual accounting and reconciliation of the
actual costs incurred and the funds provided under the
agreement, which shall be reviewed by the Inspectors General of
the Social Security Administration and the Department of
Homeland Security.
(b) Continuation of Employment Verification in Absence of Timely
Agreement.--In any case in which the agreement required under
subsection (a) for any fiscal year beginning on or after October 1,
2025, has not been reached as of October 1 of such fiscal year, the
latest agreement between the Commissioner and the Secretary of Homeland
Security providing for funding to cover the costs of the
responsibilities of the Commissioner under section 274A(d) of the
Immigration and Nationality Act (8 U.S.C. 1324a(d)) shall be deemed in
effect on an interim basis for such fiscal year until such time as an
agreement required under subsection (a) is subsequently reached, except
that the terms of such interim agreement shall be modified by the
Director of the Office of Management and Budget to adjust for inflation
and any increase or decrease in the volume of requests under the
employment eligibility verification system. In any case in which an
interim agreement applies for any fiscal year under this subsection,
the Commissioner and the Secretary shall, not later than October 1 of
such fiscal year, notify the Committee on Ways and Means, the Committee
on the Judiciary, and the Committee on Appropriations of the House of
Representatives and the Committee on Finance, the Committee on the
Judiciary, and the Committee on Appropriations of the Senate of the
failure to reach the agreement required under subsection (a) for such
fiscal year. Until such time as the agreement required under subsection
(a) has been reached for such fiscal year, the Commissioner and the
Secretary shall, not later than the end of each 90-day period after
October 1 of such fiscal year, notify such Committees of the status of
negotiations between the Commissioner and the Secretary in order to
reach such an agreement.
SEC. 1511. FRAUD PREVENTION.
(a) Blocking Misused Social Security Account Numbers.--The
Secretary of Homeland Security, in consultation with the Commissioner
of Social Security, shall establish a program in which social security
account numbers that have been identified to be subject to unusual
multiple use in the employment eligibility verification system
established under section 274A(d) of the Immigration and Nationality
Act (8 U.S.C. 1324a(d)), as amended by section 1503 of this Act, or
that are otherwise suspected or determined to have been compromised by
identity fraud or other misuse, shall be blocked from use for such
system purposes unless the individual using such number is able to
establish, through secure and fair additional security procedures, that
the individual is the legitimate holder of the number.
(b) Allowing Suspension of Use of Certain Social Security Account
Numbers.--The Secretary of Homeland Security, in consultation with the
Commissioner of Social Security, shall establish a program which shall
provide a reliable, secure method by which victims of identity fraud
and other individuals may suspend or limit the use of their social
security account number or other identifying information for purposes
of the employment eligibility verification system established under
section 274A(d) of the Immigration and Nationality Act (8 U.S.C.
1324a(d)), as amended by section 1503 of this Act. The Secretary may
implement the program on a limited pilot program basis before making it
fully available to all individuals.
(c) Allowing Parents To Prevent Theft of Their Child's Identity.--
The Secretary of Homeland Security, in consultation with the
Commissioner of Social Security, shall establish a program which shall
provide a reliable, secure method by which parents or legal guardians
may suspend or limit the use of the social security account number or
other identifying information of a minor under their care for the
purposes of the employment eligibility verification system established
under 274A(d) of the Immigration and Nationality Act (8 U.S.C.
1324a(d)), as amended by section 1503 of this Act. The Secretary may
implement the program on a limited pilot program basis before making it
fully available to all individuals.
SEC. 1512. USE OF EMPLOYMENT ELIGIBILITY VERIFICATION PHOTO TOOL.
An employer who uses the photo matching tool used as part of the E-
Verify System shall match the photo tool photograph to both the
photograph on the identity or employment eligibility document provided
by the employee and to the face of the employee submitting the document
for employment verification purposes.
SEC. 1513. IDENTITY AUTHENTICATION EMPLOYMENT ELIGIBILITY VERIFICATION
PILOT PROGRAMS.
Not later than 24 months after the date of the enactment of this
Act, the Secretary of Homeland Security, after consultation with the
Commissioner of Social Security and the Director of the National
Institute of Standards and Technology, shall establish by regulation
not less than 2 Identity Authentication Employment Eligibility
Verification pilot programs, each using a separate and distinct
technology (the ``Authentication Pilots''). The purpose of the
Authentication Pilots shall be to provide for identity authentication
and employment eligibility verification with respect to enrolled new
employees which shall be available to any employer that elects to
participate in either of the Authentication Pilots. Any participating
employer may cancel the employer's participation in the Authentication
Pilot after one year after electing to participate without prejudice to
future participation. The Secretary shall report to the Committee on
the Judiciary of the House of Representatives and the Committee on the
Judiciary of the Senate the Secretary's findings on the Authentication
Pilots, including the authentication technologies chosen, not later
than 12 months after commencement of the Authentication Pilots.
SEC. 1514. INSPECTOR GENERAL AUDITS.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Inspector General of the Social Security
Administration shall complete audits of the following categories in
order to uncover evidence of individuals who are not authorized to work
in the United States:
(1) Workers who dispute wages reported on their social
security account number when they believe someone else has used
such number and name to report wages.
(2) Children's social security account numbers used for
work purposes.
(3) Employers whose workers present significant numbers of
mismatched social security account numbers or names for wage
reporting.
(b) Submission.--The Inspector General of the Social Security
Administration shall submit the audits completed under subsection (a)
to the Committee on Ways and Means of the House of Representatives and
the Committee on Finance of the Senate for review of the evidence of
individuals who are not authorized to work in the United States. The
Chairmen of those Committees shall then determine information to be
shared with the Secretary of Homeland Security so that such Secretary
can investigate the unauthorized employment demonstrated by such
evidence.
SEC. 1515. NATIONWIDE E-VERIFY AUDIT.
Not later than 5 years after the date of enactment of this Act, the
Secretary of Commerce shall conduct a nationwide audit of compliance
with the requirements of section 274A(b) of the Immigration and
Nationality Act by employers in all States, and shall report compliance
levels on a State-by-State basis. The Secretary of Homeland Security
may not adjust the status of an individual under section 24103 until
the Secretary of Commerce certifies that all employers in all States
are in compliance with the requirements of section 274A(b) of the
Immigration and Nationality Act.
TITLE VI--ASYLUM REFORM
SEC. 1601. HUMANITARIAN CAMPUSES.
Subtitle C of title IV of the Homeland Security Act of 2002 (6
U.S.C. 231 et seq.) is amended by adding at the end the following:
``SEC. 437. HUMANITARIAN CAMPUSES.
``(a) In General.--Not later than 12 months after the effective
date of this section, the Secretary shall establish not fewer than 5
humanitarian campuses located in high traffic sectors of U.S. Border
Patrol, as determined by the Secretary, along the southern border land
border of the United States (referred to in this section as a
`humanitarian campus').
``(b) Purpose.--
``(1) Processing and management.--The humanitarian campuses
shall carry out processing and management activities for asylum
seekers apprehended at the border, including--
``(A) criminal history checks;
``(B) identity verification;
``(C) biometrics collection and analysis;
``(D) medical screenings;
``(E) asylum interviews and credible fear
determinations under section 235 of the Immigration and
Nationality Act (8 U.S.C. 1225) and reasonable fear
determinations under section 241(b)(3)(B) of that Act
(8 U.S.C. 1231(b)(3)(B));
``(F) facilitating coordination and communication
between Federal entities and nongovernmental
organizations that are directly involved in providing
assistance to aliens;
``(G) legal orientation programming and
communication between aliens and outside legal counsel;
``(H) issuance of legal documents relating to
immigration court proceedings of aliens; and
``(I) any other activity the Secretary considers
appropriate.
``(2) Consideration of eligibility for additional forms of
relief.--In conducting an asylum interviews and credible fear
determinations under section 235 of the Immigration and
Nationality Act (8 U.S.C. 1225) and reasonable fear
determinations under section 241(b)(3)(B) of that Act (8 U.S.C.
1231(b)(3)(B)), the officer shall consider, in addition to
whether the alien has a credible fear of persecution, whether
the alien may be prima facie eligible for any other form of
relief from removal, including--
``(A) withholding of removal under section
241(b)(3) or any cause or claim under the United
Nations Convention Against Torture and Other Forms of
Cruel, Inhuman, or Degrading Treatment or Punishment;
``(B) status under subparagraph (T) or (U) of
section 101(a)(15);
``(C) special immigrant juvenile status;
``(D) family reunification pursuant to an approved
I-130 petition; and
``(E) any other basis for relief from removal under
the immigration laws.
``(c) Personnel and Living Conditions.--The humanitarian campuses
shall include--
``(1) personnel assigned from--
``(A) U.S. Customs and Border Protection;
``(B) U.S. Immigration and Customs Enforcement;
``(C) the Federal Emergency Management Agency;
``(D) U.S. Citizenship and Immigration Services;
and
``(E) the Office of Refugee Resettlement;
``(2) upon agreement with an applicable Federal agency,
personnel from such Federal agency who are assigned to the
humanitarian campus;
``(3) sufficient medical staff, including physicians
specializing in pediatric or family medicine, nurse
practitioners, and physician assistants;
``(4) licensed social workers;
``(5) mental health professionals;
``(6) child advocates appointed by the Secretary of Health
and Human Services under section 235(c)(6)(B) of the William
Wilberforce Trafficking Victims Protection Reauthorization Act
of 2008 (8 U.S.C. 1232(c)(6)(B)); and
``(7) sufficient space to carry out the processing and
management activities described in subsection (b).
``(d) Criminal History Checks.--Each criminal history check carried
out under subsection (b)(1) shall be conducted using a set of
fingerprints or other biometric identifier obtained from--
``(1) the Federal Bureau of Investigation;
``(2) the criminal history repositories of all States that
the individual listed as a current or former residence; and
``(3) any other appropriate Federal or State database
resource or repository, as determined by the Secretary.
``(e) Exceptions for Additional Purposes.--Subject to operational
and spatial availability, in the event of a major disaster or emergency
declared under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) or any homeland security crisis
requiring the establishment of a departmental Joint Task Force under
section 708(b), the Secretary may temporarily utilize a humanitarian
campus to carry out operations relating to such declaration or crisis.
``(f) Donations.--The Department may accept donations from private
entities, nongovernmental organizations, and other groups independent
of the Federal Government for the care of children and family units
detained at a humanitarian campus, including--
``(1) medical goods and services;
``(2) school supplies;
``(3) toys;
``(4) clothing; and
``(5) any other item intended to promote the well-being of
such children and family units.
``(g) Access to Facilities for Private Entities and Nongovernmental
Organizations.--
``(1) In general.--Private entities and nongovernmental
organizations that are directly involved in providing
humanitarian or legal assistance to families and individuals
encountered by the Department along the southwest border of the
United States, or organizations that provide assistance to
detained individuals, shall have access to humanitarian
campuses for purposes of--
``(A) legal orientation programming;
``(B) providing case management services or
establishing case management services;
``(C) coordination with the Department with respect
to the care of families and individuals held in
humanitarian campuses, including the care of families
and individuals who are released or scheduled to be
released;
``(D) communication between aliens and outside
legal counsel;
``(E) the provision of humanitarian assistance; and
``(F) any other purpose the Secretary considers
appropriate.
``(2) Access plan.--Not later than 60 days after the date
of the enactment of this section, the Secretary shall publish
in the Federal Register procedures relating to access to
humanitarian campuses under paragraph (1) that ensure--
``(A) the safety of personnel of, and aliens
detained in, humanitarian campuses; and
``(B) the orderly management and operation of
humanitarian campuses.
``(h) Legal Counsel.--Aliens detained in a humanitarian campus
shall have access to legal counsel in accordance with section 292 of
the Immigration and Nationality Act (8 U.S.C. 1362), including the
opportunity to consult with counsel before any legally determinative
aspect of the asylum process occurs.
``(i) Procedures To Facilitate Communication With Counsel.--The
Secretary shall develop written procedures to permit aliens detained in
a humanitarian campus to visit with, and make confidential telephone
calls to, legal representatives and legal services providers and to
receive incoming calls from legal representatives and legal services
providers, in a private and confidential space while in custody, for
the purposes of retaining or consulting with counsel or obtaining legal
advice from legal services providers.
``(j) Legal Orientation.--An alien detained in a humanitarian
campus shall be provided the opportunity to receive a complete legal
orientation presentation administered by a nongovernmental organization
in cooperation with the Executive Office for Immigration Review.
``(k) Management of Humanitarian Campuses.--
``(1) Operation.--The Commissioner of U.S. Customs and
Border Protection, in consultation with the interagency
coordinating council established under paragraph (2), shall
operate the humanitarian campuses.
``(2) Interagency coordinating committee.--
``(A) Establishment.--There is established an
interagency coordinating committee for the purpose of
coordinating operations and management of the
humanitarian campuses.
``(B) Membership.--The interagency coordinating
committee shall be chaired by the Commissioner of U.S.
Customs and Border Protection, or his or her designee,
and shall include representatives designated by the
heads of the following agencies:
``(i) U.S. Immigration and Customs
Enforcement.
``(ii) The Federal Emergency Management
Agency.
``(iii) U.S. Citizenship and Immigration
Services.
``(iv) The Office of Refugee Resettlement.
``(v) Any other agency that supplies
personnel to the humanitarian campuses, upon
agreement between the Commissioner of U.S.
Customs and Border Protection and the head of
such other agency.
``(l) Screening Timeline.--Aliens shall undergo a complete full
screening under this section not later than 15 days after being
processed at the campus, including screening for gang, cartel, or
criminal affiliation, legal orientation, and initial credible fear
interview.''.
SEC. 1602. EXPEDITED ASYLUM DETERMINATIONS.
(a) In General.--Title II of the Immigration and Nationality Act (8
U.S.C. 1151 et seq.) is amended by inserting after section 208 the
following:
``SEC. 208A. PROCEDURES FOR EXPEDITED ASYLUM DETERMINATIONS.
``(a) In General.--In the case of any alien who enters the United
States without lawful status the procedures described in this section
shall apply.
``(b) Arrival Rest Period.--On arrival to a humanitarian campus an
alien shall be provided a mandatory rest period for 72 hours after
initial processing of the alien occurs.
``(c) Initial Screening.--The Secretary of Homeland Security shall
ensure that an alien who is subject to this section shall undergo an
initial screening within 15 days after arrival at a humanitarian
campus, which shall consist of the following:
``(1) Legal counsel.--The Secretary of Homeland Security
shall ensure each asylum seeker is able to make contact with
legal counsel within the first week of arrival, prior to
sitting for a credible fear interview.
``(2) Credible fear determination.--Any alien seeking
asylum who fails to pass the initial credible fear interview
shall be subject to expedited removal under section 235.
``(d) Secondary Screening.--In the case of aliens who successfully
pass a credible fear interview, an asylum officer may triage cases and
make final decisions on asylum cases not later than 45 days after an
initial screening is completed under subsection (c). A secondary
screening shall consist of the following:
``(1) In general.--An asylum officer shall be required to
deny or approve the application for asylum or refer complex or
uncertain cases to an immigration judge.
``(2) Expedited appeal.--Any application for asylum of an
alien that is denied under paragraph (1) shall be subject to
expedited review, not later than 7 days after such denial, by
an asylum officer other than the asylum officer who denied such
application.
``(3) Limited reviewability.--Any decision to deny or
approve an application under this section may not be subject to
judicial review, except as provided in paragraphs (4) and (5).
``(4) Additional review.--In any circumstance in which new
evidence related to the applicant arises during consideration,
an additional review may be conducted by an asylum officer
within 7 days after such new evidence arises.
``(5) Vulnerable populations.--
``(A) In general.--An alien that is a member of a
vulnerable population may request additional review.
``(B) Description.--A member of a vulnerable
population includes any individual who is--
``(i) a pregnant woman or a nursing mother;
``(ii) a woman at disproportionate risk of
sexual or gender-based violence, exploitation,
or abuse;
``(iii) a person at risk of violence due to
their sexual orientation or gender identity;
``(iv) a person with a disability;
``(v) an elderly person;
``(vi) a person with urgent medical needs;
``(vii) a stateless person; and
``(viii) a person holding a valid
humanitarian visa.
``(6) Additional review determinations.--An additional
review conducted with respect to an alien meeting the
requirements of paragraph (3) or (4) may uphold the previous
determination or be referred to an immigration judge for a
final decision.
``(7) Effect of denial.--Any alien who is denied asylum
status under this subsection shall be subject to expedited
removal under section 235.
``(e) Immigration Judge Referral.--If referred to an immigration
judge, the following shall apply:
``(1) Court referral and case management.--In the case that
an asylum officer refers a case to an immigration judge after a
secondary or additional review, each alien subject to such
referral shall receive a Notice to Appear and be permitted to
leave the humanitarian campus. Each such alien shall be placed
in a case management program.
``(2) Monitoring.--Each alien in case management shall be
consistently monitored, and each adult shall wear a wrist GPS
tracker and check in regularly with case officers.
``(3) Adult confirmation of location.--Any alien placed in
case management who is an adult, parent, or legal guardian
shall check in on a weekly basis using automated telephone
technology that confirms the caller's identity and location.
``(4) Failure to comply.--Any alien who fails to comply
with the case management requirements under this subsection
shall be denied asylum and subject to expedited removal under
section 235.
``(f) Humanitarian Campus.--In this section, the term `humanitarian
campus' means the campus described in section 472 of the Homeland
Security Act of 2002.''.
(b) Effective Date.--The amendment made by this section shall take
effect as soon as practicable, but not later than 1 year after the date
of enactment of this Act.
SEC. 1603. SCREENING AND PROCESSING IN WESTERN HEMISPHERE.
(a) In General.--There shall be established not less than 5
facilities in the Western hemisphere that shall offer asylum pre-
screening and family reunification services.
(b) Locations.--Of the facilities established under subsection
(a)--
(1) at least one of these shall be located in South
America, south of the Darien Province in Panama;
(2) at least one shall be located in Mexico;
(3) at least one shall be located in Central America; and
(4) at least one shall be located in a country that
participates in the Caribbean Basin Security Initiative.
(c) Services Offered.--The facilities established under this
section shall offer the following:
(1) Pre-screening for asylum eligibility.--Asylum officers
shall offer asylum pre-screenings, which may be conducted
virtually.
(2) Family re-unification.--The Secretary of Homeland
Security shall develop an external family reunification process
for unmarried sons and daughters under the age of 21 seeking to
be reunited with any parent with legal status in the United
States.
(3) Employment consultation and applications.--The
Secretary of Homeland Security shall ensure that consultations
are provided to aliens seeking to apply for legal work visas
and assess other legal pathways to citizenship.
(4) Regional economic opportunities.--The Secretary of
Homeland Security, in conjunction with the Secretary of State,
shall ensure individuals are provided with regional economic
opportunities in areas in close proximity to the facilities
established under this section.
(d) In General.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Homeland Security, in
coordination with the Secretary of State, shall--
(1) initiate a Dominican Republic Family Reunification
Program to process applications for parole for certain vetted
individuals with already approved form I-130 petition for alien
relative to be considered upon invitation, for parole, on a
case by case basis, while they wait for their immigration visa;
and
(2) prioritize applications described in paragraph (1) in
the order in which they were received by the United States
Citizenship and Immigration Services before the date of the
enactment of this Act.
SEC. 1604. RECORDING EXPEDITED REMOVAL AND CREDIBLE FEAR INTERVIEWS.
(a) In General.--The Secretary of Homeland Security shall establish
quality assurance procedures and take steps to effectively ensure that
questions by employees of the Department of Homeland Security
exercising expedited removal authority under section 235(b) of the
Immigration and Nationality Act (8 U.S.C. 1225(b)) are asked in a
uniform manner, to the extent possible, and that both these questions
and the answers provided in response to them are recorded in a uniform
fashion.
(b) Factors Relating to Sworn Statements.--Where practicable, any
sworn or signed written statement taken of an alien as part of the
record of a proceeding under section 235(b)(1)(A) of the Immigration
and Nationality Act (8 U.S.C. 1225(b)(1)(A)) shall be accompanied by a
recording of the interview which served as the basis for that sworn
statement.
(c) Interpreters.--The Secretary shall ensure that a fluent
interpreter, not affiliated with the government of the country from
which the alien may claim asylum, is used when the interviewing officer
does not speak a language that the alien is fluent in speaking.
(d) Recordings in Immigration Proceedings.--There shall be an audio
or audio visual recording of interviews of aliens subject to expedited
removal. The recording shall be included in the record of proceeding
and shall be considered as evidence in any further proceedings
involving the alien.
SEC. 1605. RENUNCIATION OF ASYLUM STATUS PURSUANT TO RETURN TO HOME
COUNTRY.
(a) In General.--Section 208(c) of the Immigration and Nationality
Act (8 U.S.C. 1158(c)) is amended by adding at the end the following
new paragraph:
``(4) Renunciation of status pursuant to return to home
country.--
``(A) In general.--Except as provided in
subparagraphs (B) and (C), any alien who is granted
asylum status under this Act, who, within 5 years after
being granted such status, absent changed country
conditions, subsequently returns to the country of such
alien's nationality or, in the case of an alien having
no nationality, returns to any country in which such
alien last habitually resided, and who applied for such
status because of persecution or a well-founded fear of
persecution in that country on account of race,
religion, nationality, membership in a particular
social group, or political opinion, shall have his or
her status terminated.
``(B) Waiver.--The Secretary has discretion to
waive subparagraph (A) if it is established to the
satisfaction of the Secretary that the alien had a
compelling reason for the return. The waiver may be
sought prior to departure from the United States or
upon return.
``(C) Lawful permanent residents.--Subparagraph (A)
shall not apply to lawful permanent residents.''.
(b) Conforming Amendment.--Section 208(c)(3) of the Immigration and
Nationality Act (8 U.S.C. 1158(c)(3)) is amended by inserting after
``paragraph (2)'' the following: ``or (4)''.
SEC. 1606. NOTICE CONCERNING FRIVOLOUS ASYLUM APPLICATIONS.
(a) In General.--Section 208(d)(4) of the Immigration and
Nationality Act (8 U.S.C. 1158(d)(4)) is amended--
(1) in the matter preceding subparagraph (A), by inserting
``the Secretary of Homeland Security or'' before ``the Attorney
General'';
(2) in subparagraph (A), by striking ``and of the
consequences, under paragraph (6), of knowingly filing a
frivolous application for asylum; and'' and inserting a
semicolon;
(3) in subparagraph (B), by striking the period and
inserting ``; and''; and
(4) by adding at the end the following:
``(C) ensure that a written warning appears on the
asylum application advising the alien of the
consequences of filing a frivolous application and
serving as notice to the alien of the consequence of
filing a frivolous application.''.
(b) Conforming Amendment.--Section 208(d)(6) of the Immigration and
Nationality Act (8 U.S.C. 1158(d)(6)) is amended by striking ``If the''
and all that follows and inserting:
``(A) If the Attorney General determines that an
alien has knowingly made a frivolous application for
asylum and the alien has received the notice under
paragraph (4)(C), the alien shall be permanently
ineligible for any benefits under this chapter,
effective as the date of the final determination of
such an application.
``(B) An application is frivolous if the Secretary
of Homeland Security or the Attorney General
determines, consistent with subparagraph (C), that any
of the material elements are knowingly fabricated.
``(C) In determining that an application is
frivolous, the Secretary or the Attorney General, must
be satisfied that the applicant, during the course of
the proceedings, has had sufficient opportunity to
clarify any discrepancies or implausible aspects of the
claim.
``(D) For purposes of this section, a finding that
an alien filed a frivolous asylum application shall not
preclude the alien from seeking withholding of removal
under section 241(b)(3) or protection pursuant to the
Convention Against Torture.''.
SEC. 1607. ANTI-FRAUD INVESTIGATIVE WORK PRODUCT.
(a) Asylum Credibility Determinations.--Section 208(b)(1)(B)(iii)
of the Immigration and Nationality Act (8 U.S.C. 1158(b)(1)(B)(iii)) is
amended by inserting after ``all relevant factors'' the following: ``,
including statements made to, and investigative reports prepared by,
immigration authorities and other government officials''.
(b) Relief for Removal Credibility Determinations.--Section
240(c)(4)(C) of the Immigration and Nationality Act (8 U.S.C.
1229a(c)(4)(C)) is amended by inserting after ``all relevant factors''
the following: ``, including statements made to, and investigative
reports prepared by, immigration authorities and other government
officials''.
SEC. 1608. PENALTIES FOR ASYLUM FRAUD.
Section 1001 of title 18, United States Code, is amended by
inserting at the end of the paragraph--
``(d) Whoever, in any matter before the Secretary of Homeland
Security or the Attorney General pertaining to asylum under section 208
of the Immigration and Nationality Act or withholding of removal under
section 241(b)(3) of such Act, knowingly and willfully--
``(1) makes any materially false, fictitious, or fraudulent
statement or representation; or
``(2) makes or uses any false writings or document knowing
the same to contain any materially false, fictitious, or
fraudulent statement or entry,
shall be fined under this title or imprisoned not more than 10 years,
or both.''.
SEC. 1609. STATUTE OF LIMITATIONS FOR ASYLUM FRAUD.
Section 3291 of title 18, United States Code, is amended--
(1) by striking ``1544,'' and inserting ``1544, and section
1546,''; and
(2) by striking ``offense.'' and inserting ``offense or
within 10 years after the fraud is discovered.''.
SEC. 1610. STANDARD OPERATING PROCEDURES; FACILITIES STANDARDS.
(a) Standard Operating Procedures.--Section 411(k)(1) of the
Homeland Security Act of 2002 (6 U.S.C. 211(k)) is amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E)(iv), by striking the period at the
end and inserting ``; and''; and
(3) by adding at the end the following:
``(F) standard operating procedures regarding the
detection, interdiction, inspection, processing, or
transferring of alien children that officers and agents
of U.S. Customs and Border Protection shall employ in
the execution of their duties.''.
(b) Facilities Standards.--
(1) Initial review and update.--Not later than 270 days
after the date of the enactment of this Act, the Secretary
shall review and update the regulations under part 115 of title
6, Code of Federal Regulations, that set standards to prevent,
detect, and respond to sexual abuse and assault in immigration
detention facilities and other holding facilities under the
jurisdiction of the Department of Homeland Security.
(2) Quadrennial review.--The Secretary shall review and
update the regulations referred to in paragraph (1) not less
frequently than once every 4 years.
SEC. 1611. CRIMINAL BACKGROUND CHECKS FOR SPONSORS OF UNACCOMPANIED
ALIEN CHILDREN.
(a) In General.--Section 235(c) of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C.
1232(c)) is amended--
(1) in paragraph (3)--
(A) in subparagraph (A), in the first sentence, by
striking ``subparagraph (B)'' and inserting
``subparagraphs (B) and (C)'';
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively;
(C) by inserting after subparagraph (A) the
following:
``(B) Criminal background checks.--
``(i) In general.--Before placing an
unaccompanied alien child with an individual,
the Secretary of Health and Human Services
shall--
``(I) conduct a criminal history
background check on the individual and
each adult member of the individual's
household; and
``(II) if appropriate, collect
biometric samples in connection with
any such background check.
``(ii) Scope.--
``(I) In general.--Each biometric
criminal history background check
required under clause (i) shall be
conducted through--
``(aa) the Federal Bureau
of Investigation;
``(bb) criminal history
repositories of each State the
individual lists as a current
or former residence; and
``(cc) any other Federal or
State database or repository
the Secretary of Health and
Human Services considers
appropriate.
``(II) Use of rapid dna
instruments.--DNA analysis of a DNA
sample collected under subclause (I)
may be carried out with Rapid DNA
instruments (as defined in section 3(c)
of the DNA Analysis Backlog Elimination
Act of 2000 (34 U.S.C. 40702(c))).
``(III) Limitation on use of
biometric samples.--The Secretary of
Health and Human Services may not
release a fingerprint or DNA sample
collected, or disclose the results of a
fingerprint or DNA analysis conducted
under this subparagraph, or any other
information obtained pursuant to this
section, to the Department of Homeland
Security for any immigration
enforcement purpose.
``(IV) Access to information
through the department of homeland
security.--Not later than 14 days after
receiving a request from the Secretary
of Health and Human Services, the
Secretary of Homeland Security shall
provide information necessary to
conduct suitability assessments from
appropriate Federal, State, and local
law enforcement and immigration
databases.
``(iii) Prohibition on placement with
individuals convicted of certain offenses.--The
Secretary of Health and Human Services may not
place an unaccompanied alien child in the
custody or household of an individual who has
been convicted of, or is currently being tried
for--
``(I) a sex offense (as defined in
section 111 of the Sex Offender
Registration and Notification Act (34
U.S.C. 20911));
``(II) a crime involving severe
forms of trafficking in persons (as
defined in section 103 of the
Trafficking Victims Protection Act of
2000 (22 U.S.C. 7102));
``(III) a crime of domestic
violence (as defined in section
40002(a) of the Violence Against Women
Act (34 U.S.C. 12291(a)));
``(IV) a crime of child abuse and
neglect (as defined in section 3 of the
Child Abuse Prevention and Treatment
Act (Public Law 93-247; 42 U.S.C. 5101
note));
``(V) murder, manslaughter, or an
attempt to commit murder or
manslaughter (within the meanings of
such terms in sections 1111, 1112, and
1113 of title 18, United States Code);
or
``(VI) a crime involving receipt,
distribution, or possession of a visual
depiction of a minor engaging in
sexually explicit conduct (within the
meanings of such terms in section 2252
of title 18, United States Code).'';
and
(D) by adding at the end the following:
``(E) Well-being follow-up calls.--Not later than
30 days after the date on which an unaccompanied alien
child is released from the custody of the Secretary of
Health and Human Services, and every 60 days thereafter
until the date on which a final decision has been
issued in the removal proceedings of the child or such
proceedings are terminated, the Secretary shall conduct
a follow-up telephone call with the unaccompanied alien
child and the child's custodian or the primary point of
contact for any other entity with which the child was
placed.
``(F) Change of address.--The Secretary of Health
and Human Services shall--
``(i) require each custodian with whom an
unaccompanied alien child is placed under this
subsection to notify the Secretary with respect
to any change in the unaccompanied alien
child's physical or mailing address, including
any situation in which the unaccompanied alien
child permanently departs the custodian's
residence, not later than 7 days after the date
on which such change or departure occurs; and
``(ii) develop and implement a system that
permits custodians to submit notifications
electronically with respect to a change of
address.''.
(b) Collection and Compilation of Statistical Information.--Section
462(b)(1)(K) of the Homeland Security Act of 2002 (6 U.S.C.
279(b)(1)(K)) is amended by striking ``; and'' and inserting ``,
including--
``(i) the average length of time from
apprehension to the child's master calendar
hearing, organized by the fiscal year in which
the children were apprehended by U.S. Customs
and Border Protection;
``(ii) the number of children identified
under clause (i) who did and did not appear at
master calendar hearings, including the
percentage of children in each category who
were represented by counsel;
``(iii) the average length of time from
apprehension to the child's merits hearing,
organized by the fiscal year in which the
children were apprehended by U.S. Customs and
Border Protection;
``(iv) the number of children identified
under clause (i) who did and did not appear at
merits hearings, including the percentage of
children in each category who are represented
by counsel; and
``(v) the total number of well-being
follow-up calls conducted under section 235 of
the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (8
U.S.C. 1232(c)(3)(E)) at each time interval
following placement with a custodian or other
entity, and the number of children that the
Secretary of Health and Human Services is
unable to contact at each interval, organized
by the fiscal year in which the children were
apprehended by U.S. Customs and Border
Protection; and''.
(c) Clarification.--Unaccompanied alien children shall be processed
and reunited with their sponsors in the United States in accordance
with guidance outlined in the stipulated settlement agreement filed in
the United States District Court for the Central District of California
on January 17, 1997 (CV 85-4544-RJK) (commonly known as the ``Flores
settlement agreement'').
SEC. 1612. FRAUD IN CONNECTION WITH THE TRANSFER OF CUSTODY OF
UNACCOMPANIED ALIEN CHILDREN.
(a) In General.--Chapter 47 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1041. Fraud in connection with the transfer of custody of
unaccompanied alien children
``(a) In General.--It shall be unlawful for a person to obtain
custody of an unaccompanied alien child (as defined in section 462(g)
of the Homeland Security Act of 2002 (6 U.S.C. 279(g)))--
``(1) by making any materially false, fictitious, or
fraudulent statement or representation; or
``(2) by making or using any false writing or document with
the knowledge that such writing or document contains any
materially false, fictitious, or fraudulent statement or entry.
``(b) Penalties.--
``(1) In general.--Any person who violates, or attempts or
conspires to violate, subsection (a) shall be fined under this
title and imprisoned for not less than 1 year.
``(2) Enhanced penalty for trafficking.--If the primary
purpose of a violation, attempted violation, or conspiracy to
violate this section was to subject the child to sexually
explicit activity or any other form of exploitation, the
offender shall be fined under this title and imprisoned for not
less than 15 years.''.
(b) Clerical Amendment.--The chapter analysis for chapter 47 of
title 18, United States Code, is amended by adding at the end the
following:
``1041. Fraud in connection with the transfer of custody of
unaccompanied alien children.''.
SEC. 1613. HIRING AUTHORITY.
(a) U.S. Immigration and Customs Enforcement.--
(1) In general.--The Director of U.S. Immigration and
Customs Enforcement shall hire, train, and assign--
(A) not fewer than 300 Enforcement and Removal
Operations support personnel to address case management
responsibilities relating to aliens apprehended along
the southwest border, and the operation of humanitarian
campuses established under section 437(a) of the
Homeland Security Act of 2002;
(B) not fewer than 128 attorneys in the Office of
the Principal Legal Advisor;
(C) not fewer than 41 support staff within the
Office of the Principal Legal Advisor to assist
immigration judges within the Executive Office for
Immigration Review with removal, asylum, and custody
determination proceedings; and
(D) not fewer than 500 asylum officers to assist in
expedited asylum determinations at humanitarian
campuses established under section 1601.
(2) GAO review and report relating to staffing needs.--
(A) Review.--The Comptroller General of the United
States shall conduct a review of--
(i) U.S. Immigration and Customs
Enforcement activities and staffing needs
related to irregular migration influx events
along the southwest border during fiscal years
2014, 2019, and 2021, including--
(I) the total number of aliens
placed in removal proceedings in
connection with such irregular
migration influx events;
(II) the number of hours dedicated
to responding to irregular migration
influx events by Enforcement and
Removal Operations officers,
Enforcement and Removal Operations
support personnel, attorneys within the
Office of the Principal Legal Advisor,
and support staff within the Office of
the Principal Legal Advisor; and
(III) the impact that response to
such irregular migration influx events
had on the ability of U.S. Immigration
and Customs Enforcement to carry out
other aspects of its mission, including
the regular transport of migrants from
U.S. Customs and Border Protection
facilities to U.S. Immigration and
Customs Enforcement facilities; and
(ii) staffing levels within the Office of
the Principal Legal Advisor, U.S. Immigration
and Customs Enforcement, including the impact
such staffing levels have on docketing of cases
within the Executive Office for Immigration
Review.
(B) Report.--Not later than 1 year after the date
of the enactment of this Act, the Comptroller General
shall submit to the appropriate committees of Congress
a report that describes the results of the review
conducted under subparagraph (A).
(b) Executive Office for Immigration Review.--The Director of the
Executive Office for Immigration Review shall hire, train, and assign
not fewer than 150 new Immigration Judge teams, including staff
attorneys and all applicable support staff for such Immigration Judge
teams.
(c) U.S. Citizenship and Immigration Services.--The Director of
U.S. Citizenship and Immigration Services shall hire, train, and assign
not fewer than 300 asylum officers.
SEC. 1614. HUMANITARIAN STATUS.
Section 101(a)(15)(U) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(U)) is amended--
(1) in subparagraph (U)(iii), by striking ``or'' at the
end;
(2) in subparagraph (V)(ii)(II), by striking the period and
inserting ``; or''; and
(3) by adding at the end the following:
``(W) an alien who is prima facie eligible for
asylum based on overwhelming evidence during an asylum
prescreening at a facility in the Western hemisphere,
except that the number of aliens admitted under this
status may not exceed the number of refugees authorized
to enter during a fiscal year.''.
SEC. 1615. TWO STRIKE POLICY.
(a) In General.--Section 208 of the Immigration and Nationality Act
is amended by adding at the end the following:
``(f) Entry at an Unauthorized Location.--
``(1) Logging unlawful entry.--Any alien who fails to enter
the United States at a designated port of entry shall be logged
by an agent biometrically and informed by such agent that
applications for asylum may only be made at a designated port
of entry.
``(2) Subsequent entry.--Any alien who fails to enter the
United States at a designated port of entry after being logged
under paragraph (1) shall be subject to expedited removal under
section 235.''.
(b) Effective Date.--The amendments made by this section shall take
effect 30 days after the date of enactment of this Act.
SEC. 1616. LOAN FORGIVENESS FOR LEGAL SERVICE PROVIDERS AT HUMANITARIAN
CAMPUSES.
Subtitle C of title IV of the Homeland Security Act of 2002 (6
U.S.C. 231 et seq.), as amended by section 1601 of this Act, is amended
by adding at the end the following:
``SEC. 438. LOAN FORGIVENESS FOR LEGAL SERVICE PROVIDERS AT
HUMANITARIAN CAMPUSES.
``(a) Program Authorized.--
``(1) Loan forgiveness authorized.--The Secretary, in
coordination with the Secretary of Education, shall forgive, in
accordance with this section, the qualified loan amount
described in subsection (b) of the eligible student loan
obligation of a borrower who--
``(A) has attended an accredited law school at an
institution of higher education (as defined in section
102 of the Higher Education Act of 1965) and obtained a
Juris Doctor degree;
``(B) has completed not less than four years of
full-time employment as an attorney providing legal
services at a humanitarian campus established under
section 437(a); and
``(C) is not in default on a loan for which the
borrower seeks forgiveness.
``(2) Method of loan forgiveness.--To provide loan
forgiveness under paragraph (1), the Secretary, in coordination
with the Secretary of Education, is authorized to carry out a
program--
``(A) through the holder of the loan, to assume the
obligation to repay a qualified loan amount for a loan
made, insured, or guaranteed under part B of the Higher
Education Act of 1965 (other than an excepted PLUS loan
or an excepted consolidation loan (as such terms are
defined in section 493C(a) of such Act of 1965)); and
``(B) to cancel a qualified loan amount for a loan
made under part D or E of such Act of 1965 (other than
an excepted PLUS loan or an excepted consolidation loan
(as such terms are defined in section 493C(a) of such
Act of 1965)).
``(3) Regulations.--The Secretary is authorized to issue
such regulations as may be necessary to carry out this section.
``(b) Qualified Loans Amount.--
``(1) Amount of forgiveness.--The Secretary shall forgive
75 percent of the eligible student loan obligation of a
borrower described in subsection (a)(1) that is outstanding
after the completion of the fourth year of employment described
in such paragraph.
``(2) Eligible student loan obligation.--The term `eligible
student loan obligation' has the meaning given the term
`student loan' in section 428L of the Higher Education Act of
1965, except that only the portion of such a student loan that
is attributable to the borrower's study of law and attainment
of a Juris Doctor degree (and not to undergraduate study or
other courses of study) shall be included when calculating the
outstanding eligible student loan obligation of a borrower for
purposes of paragraph (1).
``(c) Construction.--Nothing in this section shall be construed to
authorize any refunding of any repayment of a loan.''.
TITLE VII--RULE OF LAW, SECURITY, AND ECONOMIC DEVELOPMENT IN CENTRAL
AMERICA
Subtitle A--Promoting the Rule of Law, Security, and Economic
Development in Central America
SEC. 1701. UNITED STATES STRATEGY FOR ENGAGEMENT IN CENTRAL AMERICA.
(a) In General.--The Secretary of State shall implement a 4-year
strategy, to be known as the ``United States Strategy for Engagement in
Central America'' (referred to in this subtitle as the ``Strategy'')--
(1) to advance reforms in Central America; and
(2) to address the key factors contributing to the flight
of families, unaccompanied noncitizen children, and other
individuals from Central America to the United States.
(b) Elements.--The Strategy shall include efforts--
(1) to strengthen democratic governance, accountability,
transparency, and the rule of law;
(2) to combat corruption and impunity;
(3) to improve access to justice;
(4) to bolster the effectiveness and independence of
judicial systems and public prosecutors' offices;
(5) to improve the effectiveness of civilian police forces;
(6) to confront and counter the violence, extortion, and
other crimes perpetrated by armed criminal gangs, illicit
trafficking organizations, and organized crime, while
disrupting recruitment efforts by such organizations;
(7) to disrupt money laundering and other illicit financial
operations of criminal networks, armed gangs, illicit
trafficking organizations, and human smuggling networks;
(8) to promote greater respect for internationally
recognized human rights, labor rights, fundamental freedoms,
and the media;
(9) to enhance accountability for government officials,
including police and security force personnel, who are credibly
alleged to have committed serious violations of human rights or
other crimes;
(10) to enhance the capability of governments in Central
America to protect and provide for vulnerable and at-risk
populations;
(11) to address the underlying causes of poverty and
inequality and the constraints to inclusive economic growth in
Central America; and
(12) to prevent and respond to endemic levels of sexual,
gender-based, and domestic violence.
(c) Coordination and Consultation.--In implementing the Strategy,
the Secretary of State shall--
(1) coordinate with the Secretary of the Treasury, the
Secretary of Defense, the Secretary, the Attorney General, the
Administrator of the United States Agency for International
Development, and the Chief Executive Officer of the United
States Development Finance Corporation; and
(2) consult with the Director of National Intelligence,
national and local civil society organizations in Central
America and the United States, and the governments of Central
America.
(d) Support for Central American Efforts.--To the degree feasible,
the Strategy shall support or complement efforts being carried out by
the Governments of El Salvador, of Guatemala, and of Honduras, in
coordination with bilateral and multilateral donors and partners,
including the Inter-American Development Bank.
SEC. 1702. SECURING SUPPORT OF INTERNATIONAL DONORS AND PARTNERS.
(a) Plan.--The Secretary of State shall implement a 4-year plan--
(1) to secure support from international donors and
regional partners to enhance the implementation of the
Strategy;
(2) to identify governments that are willing to provide
financial and technical assistance for the implementation of
the Strategy and the specific assistance that will be provided;
and
(3) to identify and describe the financial and technical
assistance to be provided by multilateral institutions,
including the Inter-American Development Bank, the World Bank,
the International Monetary Fund, the Andean Development
Corporation-Development Bank of Latin America, and the
Organization of American States.
(b) Diplomatic Engagement and Coordination.--The Secretary of
State, in coordination with the Secretary of the Treasury, as
appropriate, shall--
(1) carry out diplomatic engagement to secure contributions
of financial and technical assistance from international donors
and partners in support of the Strategy; and
(2) take all necessary steps to ensure effective
cooperation among international donors and partners supporting
the Strategy.
SEC. 1703. COMBATING CORRUPTION, STRENGTHENING THE RULE OF LAW, AND
CONSOLIDATING DEMOCRATIC GOVERNANCE.
The Secretary of State and the Administrator of the United States
Agency for International Development are authorized--
(1) to combat corruption in Central America by supporting--
(A) Inspectors General and oversight institutions,
including--
(i) support for multilateral support
missions for key ministries, including
ministries responsible for tax, customs,
procurement, and citizen security; and
(ii) relevant training for inspectors and
auditors;
(B) multilateral support missions against
corruption and impunity;
(C) civil society organizations conducting
oversight of executive and legislative branch officials
and functions, police and security forces, and judicial
officials and public prosecutors; and
(D) the enhancement of freedom of information
mechanisms;
(2) to strengthen the rule of law in Central America by
supporting--
(A) Attorney General offices, public prosecutors,
and the judiciary, including enhancing investigative
and forensics capabilities;
(B) an independent, merit-based selection processes
for judges and prosecutors, independent internal
controls, and relevant ethics and professional
training, including training on sexual, gender-based,
and domestic violence;
(C) improved victim, witness, and whistleblower
protection and access to justice; and
(D) reforms to and the improvement of prison
facilities and management;
(3) to consolidate democratic governance in Central America
by supporting--
(A) reforms of civil services, related training
programs, and relevant laws and processes that lead to
independent, merit-based selection processes;
(B) national legislatures and their capacity to
conduct oversight of executive branch functions;
(C) reforms to, and strengthening of, political
party and campaign finance laws and electoral
tribunals; and
(D) local governments and their capacity to provide
critical safety, education, health, and sanitation
services to citizens; and
(4) to defend human rights by supporting--
(A) human rights ombudsman offices;
(B) government protection programs that provide
physical protection and security to human rights
defenders, journalists, trade unionists,
whistleblowers, and civil society activists who are at
risk;
(C) civil society organizations that promote and
defend human rights; and
(D) civil society organizations that address
sexual, gender-based, and domestic violence, and that
protect victims of such violence.
SEC. 1704. COMBATING CRIMINAL VIOLENCE AND IMPROVING CITIZEN SECURITY.
The Secretary of State and the Administrator of the United States
Agency for International Development are authorized--
(1) to counter the violence and crime perpetrated by armed
criminal gangs, illicit trafficking organizations, and human
smuggling networks in Central America by providing assistance
to civilian law enforcement, including support for--
(A) the execution and management of complex, multi-
actor criminal cases;
(B) the enhancement of intelligence collection
capacity, and training on civilian intelligence
collection (including safeguards for privacy and basic
civil liberties), investigative techniques, forensic
analysis, and evidence preservation;
(C) community policing policies and programs;
(D) the enhancement of capacity to identify,
investigate, and prosecute crimes involving sexual,
gender-based, and domestic violence; and
(E) port, airport, and border security officials,
agencies and systems, including--
(i) the professionalization of immigration
personnel;
(ii) improvements to computer
infrastructure and data management systems,
secure communications technologies,
nonintrusive inspection equipment, and radar
and aerial surveillance equipment; and
(iii) assistance to canine units;
(2) to disrupt illicit financial networks in Central
America, including by supporting--
(A) finance ministries, including the imposition of
financial sanctions to block the assets of individuals
and organizations involved in money laundering or the
financing of armed criminal gangs, illicit trafficking
networks, human smuggling networks, or organized crime;
(B) financial intelligence units, including the
establishment and enhancement of anti-money laundering
programs; and
(C) the reform of bank secrecy laws;
(3) to assist in the professionalization of civilian police
forces in Central America by supporting--
(A) reforms with respect to personnel recruitment,
vetting, and dismissal processes, including the
enhancement of polygraph capability for use in such
processes;
(B) Inspectors General and oversight offices,
including relevant training for inspectors and
auditors, and independent oversight mechanisms, as
appropriate; and
(C) training and the development of protocols
regarding the appropriate use of force and human
rights; and
(4) to improve crime prevention and to reduce violence,
extortion, child recruitment into gangs, and sexual slavery by
supporting--
(A) the improvement of child protection systems;
(B) the enhancement of programs for at-risk youth,
including the improvement of community centers and
programs aimed at successfully reinserting former gang
members;
(C) livelihood programming that provides youth and
other at-risk individuals with legal and sustainable
alternatives to gang membership;
(D) safe shelter and humanitarian responses for
victims of crime and internal displacement; and
(E) programs to receive and effectively reintegrate
repatriated migrants in El Salvador, Guatemala, and
Honduras.
SEC. 1705. COMBATING SEXUAL, GENDER-BASED, AND DOMESTIC VIOLENCE.
The Secretary of State and the Administrator of the United States
Agency for International Development are authorized to counter sexual,
gender-based, and domestic violence in Central American countries by--
(1) broadening engagement among national and local
institutions to address sexual, gender-based, and domestic
violence;
(2) supporting educational initiatives to reduce sexual,
gender-based, and domestic violence;
(3) supporting outreach efforts tailored to meet the needs
of women, girls, and other vulnerable individuals at risk of
violence and exploitation;
(4) formalizing standards of care and confidentiality at
police, health facilities, and other government facilities; and
(5) establishing accountability mechanisms for perpetrators
of violence.
Subtitle B--Information Campaign on the Dangers of Irregular Migration
SEC. 1711. INFORMATION CAMPAIGN ON DANGERS OF IRREGULAR MIGRATION.
(a) In General.--The Secretary of State, in coordination with the
Secretary, shall design and implement public information campaigns in
El Salvador, Guatemala, Honduras, and other appropriate Central
American countries--
(1) to disseminate information about the potential dangers
of travel to the United States;
(2) to provide accurate information about United States
immigration law and policy; and
(3) to provide accurate information about the availability
of asylum, other humanitarian protections in countries in the
Western Hemisphere, and other legal means for migration.
(b) Elements.--The information campaigns implemented pursuant to
subsection (a), to the greatest extent possible--
(1) shall be targeted at regions with high levels of
outbound migration or significant populations of internally
displaced persons;
(2) shall include examples of valid and invalid asylum
claims;
(3) shall be conducted in local languages;
(4) shall employ a variety of communications media,
including social media; and
(5) shall be developed in coordination with program
officials at the Department of Homeland Security, the
Department of State, and other government, nonprofit, or
academic entities in close contact with migrant populations
from El Salvador, Guatemala, and Honduras, including
repatriated migrants.
Subtitle C--Cracking Down on Criminal Organizations
SEC. 1721. ENHANCED INVESTIGATION AND PROSECUTION OF HUMAN SMUGGLING
NETWORKS AND TRAFFICKING ORGANIZATIONS.
The Attorney General and the Secretary shall expand collaboration
on the investigation and prosecution of human smuggling networks and
trafficking organizations targeting migrants, asylum seekers, and
unaccompanied children and operating at the southwestern border of the
United States, including the continuation and expansion of anti-
trafficking coordination teams.
SEC. 1722. ENHANCED PENALTIES FOR ORGANIZED SMUGGLING SCHEMES.
(a) In General.--Section 274(a)(1)(B) of the Immigration and
Nationality Act (8 U.S.C. 1324(a)(1)(B)) is amended--
(1) by redesignating clauses (iii) and (iv) as clauses (iv)
and (v), respectively;
(2) by inserting after clause (ii) the following:
``(iii) in the case of a violation of subparagraph (A)(i)
during and in relation to which the person, while acting for
profit or other financial gain, knowingly directs or
participates in a scheme to cause any person (other than a
parent, spouse, sibling, son or daughter, grandparent, or
grandchild of the offender) to enter or to attempt to enter the
United States at the same time at a place other than a
designated port of entry or place other than designated by the
Secretary, be fined under title 18, United States Code,
imprisoned not more than 20 years, or both;''; and
(3) in clause (iv), as redesignated, by inserting ``commits
or attempts to commit sexual assault of,'' after ``section 1365
of title 18, United States Code) to,''.
(b) Bulk Cash Smuggling.--Section 5332(b)(1) of title 31, United
States Code, is amended--
(1) in the paragraph heading, by striking ``Term of
imprisonment.--'' and inserting ``In general.--''; and
(2) by striking ``5 years'' and inserting ``10 years, fined
under title 18, or both''.
SEC. 1723. EXPANDING FINANCIAL SANCTIONS ON NARCOTICS TRAFFICKING AND
MONEY LAUNDERING.
(a) Financial Sanctions Expansion.--The Secretary of the Treasury,
the Attorney General, the Secretary of State, the Secretary of Defense,
and the Director of Central Intelligence shall expand investigations,
intelligence collection, and analysis pursuant to the Foreign Narcotics
Kingpin Designation Act (21 U.S.C. 1901 et seq.) to increase the
identification and application of sanctions against--
(1) significant foreign narcotics traffickers and their
organizations and networks; and
(2) foreign persons, including government officials, who
provide material, financial, or technological support to such
traffickers, organizations, or networks.
(b) Specific Targets.--The activities described in subsection (a)
shall specifically target foreign narcotics traffickers, their
organizations and networks, and the foreign persons, including
government officials, who provide material, financial, or technological
support to such traffickers, organizations, and networks that are
present and operating in Central America.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out subsection (a).
SEC. 1724. SUPPORT FOR TRANSNATIONAL ANTI-GANG TASK FORCES FOR
COUNTERING CRIMINAL GANGS.
The Director of the Federal Bureau of Investigation, the Director
of the Drug Enforcement Administration, the Director of Homeland
Security Investigations, and the Secretary, in coordination with the
Secretary of State, shall expand the use of transnational task forces
that seek to address transnational crime perpetrated by gangs in El
Salvador, Guatemala, Honduras, and any other identified country by--
(1) expanding transnational criminal investigations focused
on criminal gangs in identified countries, such as MS-13 and
18th Street;
(2) expanding training and partnership efforts with law
enforcement entities in identified countries to disrupt and
dismantle criminal gangs, both internationally and in their
respective countries;
(3) establishing or expanding gang-related investigative
units;
(4) collecting and disseminating intelligence to support
related United States-based investigations; and
(5) expanding programming related to gang intervention and
prevention for at-risk youth.
DIVISION B--AMERICAN DREAM AND PROMISE
SEC. 21000. SHORT TITLE.
This division may be cited as the ``American Dream and Promise
Act''.
TITLE I--DREAM ACT
SEC. 21001. SHORT TITLE.
This title may be cited as the ``Dream Act''.
SEC. 21002. PERMANENT RESIDENT STATUS ON A CONDITIONAL BASIS FOR
CERTAIN LONG-TERM RESIDENTS WHO ENTERED THE UNITED STATES
AS CHILDREN.
(a) Conditional Basis for Status.--Notwithstanding any other
provision of law, and except as provided in section 21004(c)(2), an
alien shall be considered, at the time of obtaining the status of an
alien lawfully admitted for permanent residence under this section, to
have obtained such status on a conditional basis subject to the
provisions of this title.
(b) Requirements.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary or the Attorney General shall adjust to the
status of an alien lawfully admitted for permanent residence on
a conditional basis, or without the conditional basis as
provided in section 21004(c)(2), an alien who is inadmissible
or deportable from the United States, is subject to a grant of
Deferred Enforced Departure, has temporary protected status
under section 244 of the Immigration and Nationality Act (8
U.S.C. 1254a), or is the son or daughter of an alien admitted
as a nonimmigrant under subparagraph (E)(i), (E)(ii),
(H)(i)(b), or (L) of section 101(a)(15) of such Act (8 U.S.C.
1101(a)(15)) if--
(A) the alien has been continuously physically
present in the United States since the date that is 3
years prior to the date of enactment;
(B) the alien was 18 years of age or younger on the
date on which the alien entered the United States and
has continuously resided in the United States since
such entry;
(C) the alien--
(i) subject to paragraph (2), is not
inadmissible under paragraph (1), (6)(E),
(6)(G), (8), or (10) of section 212(a) of the
Immigration and Nationality Act (8 U.S.C.
1182(a));
(ii) has not ordered, incited, assisted, or
otherwise participated in the persecution of
any person on account of race, religion,
nationality, membership in a particular social
group, or political opinion; and
(iii) is not barred from adjustment of
status under this title based on the criminal
and national security grounds described under
subsection (c), subject to the provisions of
such subsection; and
(D) the alien--
(i) has been admitted to an institution of
higher education;
(ii) has been admitted to an area career
and technical education school at the
postsecondary level;
(iii) in the United States, has obtained--
(I) a high school diploma or a
commensurate alternative award from a
public or private high school;
(II) a General Education
Development credential, a high school
equivalency diploma recognized under
State law, or another similar State-
authorized credential;
(III) a credential or certificate
from an area career and technical
education school at the secondary
level; or
(IV) a recognized postsecondary
credential; or
(iv) is enrolled in secondary school or in
an education program assisting students in--
(I) obtaining a high school diploma
or its recognized equivalent under
State law;
(II) passing the General Education
Development test, a high school
equivalence diploma examination, or
other similar State-authorized exam;
(III) obtaining a certificate or
credential from an area career and
technical education school providing
education at the secondary level; or
(IV) obtaining a recognized
postsecondary credential.
(2) Waiver of grounds of inadmissibility.--With respect to
any benefit under this title, and in addition to the waivers
under subsection (c)(2), the Secretary may waive the grounds of
inadmissibility under paragraph (1), (6)(E), (6)(G), or (10)(D)
of section 212(a) of the Immigration and Nationality Act (8
U.S.C. 1182(a)) for humanitarian purposes, for family unity, or
because the waiver is otherwise in the public interest.
(3) Application fee.--
(A) In general.--The Secretary may, subject to an
exemption under section 23003(c), require an alien
applying under this section to pay a reasonable fee
that is commensurate with the cost of processing the
application but does not exceed $495.00.
(B) Special procedures for applicants with daca.--
The Secretary shall establish a streamlined procedure
for aliens who have been granted DACA and who meet the
requirements for renewal (under the terms of the
program in effect on January 1, 2017) to apply for
adjustment of status to that of an alien lawfully
admitted for permanent residence on a conditional basis
under this section, or without the conditional basis as
provided in section 21004(c)(2). Such procedure shall
not include a requirement that the applicant pay a fee,
except that the Secretary may require an applicant who
meets the requirements for lawful permanent residence
without the conditional basis under section 21004(c)(2)
to pay a fee that is commensurate with the cost of
processing the application, subject to the exemption
under section 23003(c).
(4) Background checks.--The Secretary may not grant an
alien permanent resident status on a conditional basis under
this section until the requirements of section 23002 are
satisfied.
(5) Military selective service.--An alien applying for
permanent resident status on a conditional basis under this
section, or without the conditional basis as provided in
section 21004(c)(2), shall establish that the alien has
registered under the Military Selective Service Act (50 U.S.C.
3801 et seq.), if the alien is subject to registration under
such Act.
(c) Criminal and National Security Bars.--
(1) Grounds of ineligibility.--Except as provided in
paragraph (2), an alien is ineligible for adjustment of status
under this title (whether on a conditional basis or without the
conditional basis as provided in section 21004(c)(2)) if any of
the following apply:
(A) The alien is inadmissible under paragraph (2)
or (3) of section 212(a) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)).
(B) Excluding any offense under State law for which
an essential element is the alien's immigration status,
and any minor traffic offense, the alien has been
convicted of--
(i) any felony offense;
(ii) two or more misdemeanor offenses
(excluding simple possession of cannabis or
cannabis-related paraphernalia, any offense
involving cannabis or cannabis-related
paraphernalia which is no longer prosecutable
in the State in which the conviction was
entered, and any offense involving civil
disobedience without violence) not occurring on
the same date, and not arising out of the same
act, omission, or scheme of misconduct; or
(iii) a misdemeanor offense of domestic
violence, unless the alien demonstrates that
such crime is related to the alien having
been--
(I) a victim of domestic violence,
sexual assault, stalking, child abuse
or neglect, abuse or neglect in later
life, or human trafficking;
(II) battered or subjected to
extreme cruelty; or
(III) a victim of criminal activity
described in section 101(a)(15)(U)(iii)
of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(15)(U)(iii)).
(2) Waivers for certain misdemeanors.--For humanitarian
purposes, family unity, or if otherwise in the public interest,
the Secretary may--
(A) waive the grounds of inadmissibility under
subparagraphs (A), (C), and (D) of section 212(a)(2) of
the Immigration and Nationality Act (8 U.S.C.
1182(a)(2)), unless the conviction forming the basis
for inadmissibility would otherwise render the alien
ineligible under paragraph (1)(B) (subject to
subparagraph (B)); and
(B) for purposes of clauses (ii) and (iii) of
paragraph (1)(B), waive consideration of--
(i) one misdemeanor offense if the alien
has not been convicted of any offense in the 5-
year period preceding the date on which the
alien applies for adjustment of status under
this title; or
(ii) up to two misdemeanor offenses if the
alien has not been convicted of any offense in
the 10-year period preceding the date on which
the alien applies for adjustment of status
under this title.
(3) Authority to conduct secondary review.--
(A) In general.--Notwithstanding an alien's
eligibility for adjustment of status under this title,
and subject to the procedures described in this
paragraph, the Secretary may, as a matter of non-
delegable discretion, provisionally deny an application
for adjustment of status (whether on a conditional
basis or without the conditional basis as provided in
section 21004(c)(2)) if the Secretary, based on clear
and convincing evidence, which shall include credible
law enforcement information, determines that the alien
is described in subparagraph (B) or (D).
(B) Public safety.--An alien is described in this
subparagraph if--
(i) excluding simple possession of cannabis
or cannabis-related paraphernalia, any offense
involving cannabis or cannabis-related
paraphernalia which is no longer prosecutable
in the State in which the conviction was
entered, any offense under State law for which
an essential element is the alien's immigration
status, any offense involving civil
disobedience without violence, and any minor
traffic offense, the alien--
(I) has been convicted of a
misdemeanor offense punishable by a
term of imprisonment of more than 30
days; or
(II) has been adjudicated
delinquent in a State or local juvenile
court proceeding that resulted in a
disposition ordering placement in a
secure facility; and
(ii) the alien poses a significant and
continuing threat to public safety related to
such conviction or adjudication.
(C) Public safety determination.--For purposes of
subparagraph (B)(ii), the Secretary shall consider the
recency of the conviction or adjudication; the length
of any imposed sentence or placement; the nature and
seriousness of the conviction or adjudication,
including whether the elements of the offense include
the unlawful possession or use of a deadly weapon to
commit an offense or other conduct intended to cause
serious bodily injury; and any mitigating factors
pertaining to the alien's role in the commission of the
offense.
(D) Gang participation.--An alien is described in
this subparagraph if the alien has, within the 5 years
immediately preceding the date of the application,
knowingly, willfully, and voluntarily participated in
offenses committed by a criminal street gang (as
described in subsections (a) and (c) of section 521 of
title 18, United States Code) with the intent to
promote or further the commission of such offenses.
(E) Evidentiary limitation.--For purposes of
subparagraph (D), allegations of gang membership
obtained from a State or Federal in-house or local
database, or a network of databases used for the
purpose of recording and sharing activities of alleged
gang members across law enforcement agencies, shall not
establish the participation described in such
paragraph.
(F) Notice.--
(i) In general.--Prior to rendering a
discretionary decision under this paragraph,
the Secretary shall provide written notice of
the intent to provisionally deny the
application to the alien (or the alien's
counsel of record, if any) by certified mail
and, if an electronic mail address is provided,
by electronic mail (or other form of electronic
communication). Such notice shall--
(I) articulate with specificity all
grounds for the preliminary
determination, including the evidence
relied upon to support the
determination; and
(II) provide the alien with not
less than 90 days to respond.
(ii) Second notice.--Not more than 30 days
after the issuance of the notice under clause
(i), the Secretary shall provide a second
written notice that meets the requirements of
such clause.
(iii) Notice not received.--Notwithstanding
any other provision of law, if an applicant
provides good cause for not contesting a
provisional denial under this paragraph,
including a failure to receive notice as
required under this subparagraph, the Secretary
shall, upon a motion filed by the alien, reopen
an application for adjustment of status under
this title and allow the applicant an
opportunity to respond, consistent with clause
(i)(II).
(G) Judicial review of a provisional denial.--
(i) In general.--Notwithstanding any other
provision of law, if, after notice and the
opportunity to respond under subparagraph (F),
the Secretary provisionally denies an
application for adjustment of status under this
Act, the alien shall have 60 days from the date
of the Secretary's determination to seek review
of such determination in an appropriate United
States district court.
(ii) Scope of review and decision.--
Notwithstanding any other provision of law,
review under paragraph (1) shall be de novo and
based solely on the administrative record,
except that the applicant shall be given the
opportunity to supplement the administrative
record and the Secretary shall be given the
opportunity to rebut the evidence and arguments
raised in such submission. Upon issuing its
decision, the court shall remand the matter,
with appropriate instructions, to the
Department of Homeland Security to render a
final decision on the application.
(iii) Appointed counsel.--Notwithstanding
any other provision of law, an applicant
seeking judicial review under clause (i) shall
be represented by counsel. Upon the request of
the applicant, counsel shall be appointed for
the applicant, in accordance with procedures to
be established by the Attorney General within
90 days of the date of the enactment of this
Act, and shall be funded in accordance with
fees collected and deposited in the Immigration
Counsel Account under section 23012.
(4) Definitions.--For purposes of this subsection--
(A) the term ``felony offense'' means an offense
under Federal or State law that is punishable by a
maximum term of imprisonment of more than 1 year;
(B) the term ``misdemeanor offense'' means an
offense under Federal or State law that is punishable
by a term of imprisonment of more than 5 days but not
more than 1 year; and
(C) the term ``crime of domestic violence'' means
any offense that has as an element the use, attempted
use, or threatened use of physical force against a
person committed by a current or former spouse of the
person, by an individual with whom the person shares a
child in common, by an individual who is cohabiting
with or has cohabited with the person as a spouse, by
an individual similarly situated to a spouse of the
person under the domestic or family violence laws of
the jurisdiction where the offense occurs, or by any
other individual against a person who is protected from
that individual's acts under the domestic or family
violence laws of the United States or any State, Indian
Tribal government, or unit of local government.
(d) Limitation on Removal of Certain Alien Minors.--An alien who is
18 years of age or younger and meets the requirements under
subparagraphs (A), (B), and (C) of subsection (b)(1) shall be provided
a reasonable opportunity to meet the educational requirements under
subparagraph (D) of such subsection. The Attorney General or the
Secretary may not commence or continue with removal proceedings against
such an alien.
(e) Withdrawal of Application.--The Secretary shall, upon receipt
of a request to withdraw an application for adjustment of status under
this section, cease processing of the application, and close the case.
Withdrawal of the application under this subsection shall not prejudice
any future application filed by the applicant for any immigration
benefit under this title or under the Immigration and Nationality Act
(8 U.S.C. 1101 et seq.).
SEC. 21003. TERMS OF PERMANENT RESIDENT STATUS ON A CONDITIONAL BASIS.
(a) Period of Status.--Permanent resident status on a conditional
basis is--
(1) valid for a period of 10 years, unless such period is
extended by the Secretary; and
(2) subject to revocation under subsection (c).
(b) Notice of Requirements.--At the time an alien obtains permanent
resident status on a conditional basis, the Secretary shall provide
notice to the alien regarding the provisions of this title and the
requirements to have the conditional basis of such status removed.
(c) Revocation of Status.--The Secretary may revoke the permanent
resident status on a conditional basis of an alien only if the
Secretary--
(1) determines that the alien ceases to meet the
requirements under section 21002(b)(1)(C); and
(2) prior to the revocation, provides the alien--
(A) notice of the proposed revocation; and
(B) the opportunity for a hearing to provide
evidence that the alien meets such requirements or
otherwise to contest the proposed revocation.
(d) Return to Previous Immigration Status.--An alien whose
permanent resident status on a conditional basis expires under
subsection (a)(1) or is revoked under subsection (c), shall return to
the immigration status that the alien had immediately before receiving
permanent resident status on a conditional basis.
SEC. 21004. REMOVAL OF CONDITIONAL BASIS OF PERMANENT RESIDENT STATUS.
(a) Eligibility for Removal of Conditional Basis.--
(1) In general.--Subject to paragraph (2), the Secretary
shall remove the conditional basis of an alien's permanent
resident status granted under this title and grant the alien
status as an alien lawfully admitted for permanent residence if
the alien--
(A) is described in section 21002(b)(1)(C);
(B) has not abandoned the alien's residence in the
United States during the period in which the alien has
permanent resident status on a conditional basis; and
(C)(i) has obtained a degree from an institution of
higher education or a recognized postsecondary
credential from an area career and technical education
school providing education at the postsecondary level;
(ii) has served in the Uniformed Services for at
least 3 years and, if discharged, received an honorable
discharge; or
(iii) demonstrates earned income for periods
totaling at least 4 years and at least 75 percent of
the time that the alien has had a valid employment
authorization.
(2) Hardship exception.--The Secretary shall remove the
conditional basis of an alien's permanent resident status and
grant the alien status as an alien lawfully admitted for
permanent residence if the alien--
(A) satisfies the requirements under subparagraphs
(A) and (B) of paragraph (1);
(B) demonstrates compelling circumstances for the
inability to satisfy the requirements under
subparagraph (C) of such paragraph; and
(C) demonstrates that--
(i) the alien has a disability;
(ii) the alien is a full-time caregiver; or
(iii) the removal of the alien from the
United States would result in hardship to the
alien or the alien's spouse, parent, or child
who is a national of the United States or is
lawfully admitted for permanent residence.
(3) Citizenship requirement.--
(A) In general.--Except as provided in subparagraph
(B), the conditional basis of an alien's permanent
resident status granted under this title may not be
removed unless the alien demonstrates that the alien
satisfies the requirements under section 3112(a) of the
Immigration and Nationality Act (8 U.S.C. 1423(a)).
(B) Exception.--Subparagraph (A) shall not apply to
an alien who is unable to meet the requirements under
such section 23012(a) due to disability.
(4) Application fee.--The Secretary may, subject to an
exemption under section 23003(c), require aliens applying for
removal of the conditional basis of an alien's permanent
resident status under this section to pay a reasonable fee that
is commensurate with the cost of processing the application.
(5) Background checks.--The Secretary may not remove the
conditional basis of an alien's permanent resident status until
the requirements of section 23002 are satisfied.
(b) Treatment for Purposes of Naturalization.--
(1) In general.--For purposes of title III of the
Immigration and Nationality Act (8 U.S.C. 1401 et seq.), an
alien granted permanent resident status on a conditional basis
shall be considered to have been admitted to the United States,
and be present in the United States, as an alien lawfully
admitted for permanent residence.
(2) Limitation on application for naturalization.--An alien
may not apply for naturalization while the alien is in
permanent resident status on a conditional basis.
(c) Timing of Approval of Lawful Permanent Resident Status.--
(1) In general.--An alien granted permanent resident status
on a conditional basis under this title may apply to have such
conditional basis removed at any time after such alien has met
the eligibility requirements set forth in subsection (a).
(2) Approval with regard to initial applications.--
(A) In general.--Notwithstanding any other
provision of law, the Secretary or the Attorney General
shall adjust to the status of an alien lawfully
admitted for permanent resident status without
conditional basis, any alien who--
(i) demonstrates eligibility for lawful
permanent residence status on a conditional
basis under section 21002(b); and
(ii) subject to the exceptions described in
subsections (a)(2) and (a)(3)(B) of this
section, already has fulfilled the requirements
of paragraphs (1) and (3) of subsection (a) of
this section at the time such alien first
submits an application for benefits under this
title.
(B) Background checks.--Subsection (a)(5) shall
apply to an alien seeking lawful permanent resident
status without conditional basis in an initial
application in the same manner as it applies to an
alien seeking removal of the conditional basis of an
alien's permanent resident status. Section 21002(b)(4)
shall not be construed to require the Secretary to
conduct more than one identical security or law
enforcement background check on such an alien.
(C) Application fees.--In the case of an alien
seeking lawful permanent resident status without
conditional basis in an initial application, the alien
shall pay the fee required under subsection (a)(4),
subject to the exemption allowed under section 23003,
but shall not be required to pay the application fee
under section 21002(b)(3).
SEC. 21005. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY FOR
PURPOSES OF HIGHER EDUCATION BENEFITS.
(a) In General.--Section 505 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) is repealed.
(b) Effective Date.--The repeal under subsection (a) shall take
effect as if included in the original enactment of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (division C
of Public Law 104-208; 110 Stat. 3009-546).
TITLE II--AMERICAN PROMISE ACT
SEC. 22001. SHORT TITLE.
This title may be cited as the ``American Promise Act''.
SEC. 22002. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS OF CERTAIN
COUNTRIES DESIGNATED FOR TEMPORARY PROTECTED STATUS OR
DEFERRED ENFORCED DEPARTURE.
(a) In General.--Notwithstanding any other provision of law, the
Secretary or the Attorney General shall adjust to the status of an
alien lawfully admitted for permanent residence, an alien described in
subsection (b) if the alien--
(1) applies for such adjustment, including submitting any
required documents under section 23007, not later than 5 years
after the date of the enactment of this Act;
(2) has been continuously physically present in the United
States for a period of not less than 3 years after the date of
enactment of this Act; and
(3) subject to subsection (c), is not inadmissible under
paragraph (1), (2), (3), (6)(D), (6)(E), (6)(F), (6)(G), (8),
or (10) of section 212(a) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)).
(b) Aliens Eligible for Adjustment of Status.--An alien shall be
eligible for adjustment of status under this section if the alien is an
individual who--
(1) is a national of a foreign state (or part thereof) (or
in the case of an alien having no nationality, is a person who
last habitually resided in such state) with a designation under
subsection (b) of section 244 of the Immigration and
Nationality Act (8 U.S.C. 1254a(b)) as of March 8, 2021, who
had or was otherwise eligible for temporary protected status on
such date notwithstanding subsections (c)(1)(A)(iv) and
(c)(3)(C) of such section; and
(2) has not engaged in conduct since such date that would
render the alien ineligible for temporary protected status
under section 244(c)(2) of the Immigration and Nationality Act
(8 U.S.C. 1245a(c)(2)).
(c) Waiver of Grounds of Inadmissibility.--
(1) In general.--Except as provided in paragraph (2), with
respect to any benefit under this title, and in addition to any
waivers that are otherwise available, the Secretary may waive
the grounds of inadmissibility under paragraph (1),
subparagraphs (A), (C), and (D) of paragraph (2), subparagraphs
(D) through (G) of paragraph (6), or paragraph (10)(D) of
section 212(a) of the Immigration and Nationality Act (8 U.S.C.
1182(a)) for humanitarian purposes, for family unity, or
because the waiver is otherwise in the public interest.
(2) Exception.--The Secretary may not waive a ground
described in paragraph (1) if such inadmissibility is based on
a conviction or convictions, and such conviction or convictions
would otherwise render the alien ineligible under section
244(c)(2)(B) of the Immigration and Nationality Act (8 U.S.C.
1254a(c)(2)(B)).
(d) Application.--
(1) Fee.--The Secretary shall, subject to an exemption
under section 23003(c), require an alien applying for
adjustment of status under this section to pay a reasonable fee
that is commensurate with the cost of processing the
application, but does not exceed $1,140.
(2) Background checks.--The Secretary may not grant an
alien permanent resident status on a conditional basis under
this section until the requirements of section 23002 are
satisfied.
(3) Withdrawal of application.--The Secretary of Homeland
Security shall, upon receipt of a request to withdraw an
application for adjustment of status under this section, cease
processing of the application and close the case. Withdrawal of
the application under this subsection shall not prejudice any
future application filed by the applicant for any immigration
benefit under this title or under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
SEC. 22003. CLARIFICATION.
Section 244(f)(4) of the Immigration and Nationality Act (8 U.S.C.
1254a(f)(4)) is amended by inserting after ``considered'' the
following: ``as having been inspected and admitted into the United
States, and''.
TITLE III--GENERAL PROVISIONS
SEC. 23001. DEFINITIONS.
(a) In General.--In this division:
(1) In general.--Except as otherwise specifically provided,
any term used in this division that is used in the immigration
laws shall have the meaning given such term in the immigration
laws.
(2) Appropriate united states district court.--The term
``appropriate United States district court'' means the United
States District Court for the District of Columbia or the
United States district court with jurisdiction over the alien's
principal place of residence.
(3) Area career and technical education school.--The term
``area career and technical education school'' has the meaning
given such term in section 3 of the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2302).
(4) DACA.--The term ``DACA'' means deferred action granted
to an alien pursuant to the Deferred Action for Childhood
Arrivals policy announced by the Secretary of Homeland Security
on June 15, 2012.
(5) Disability.--The term ``disability'' has the meaning
given such term in section 3(1) of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102(1)).
(6) Federal poverty line.--The term ``Federal poverty
line'' has the meaning given such term in section 213A(h) of
the Immigration and Nationality Act (8 U.S.C. 1183a).
(7) High school; secondary school.--The terms ``high
school'' and ``secondary school'' have the meanings given such
terms in section 8101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801).
(8) 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)).
(9) Institution of higher education.--The term
``institution of higher education''--
(A) except as provided in subparagraph (B), has the
meaning given such term in section 102 of the Higher
Education Act of 1965 (20 U.S.C. 1002); and
(B) does not include an institution of higher
education outside of the United States.
(10) Recognized postsecondary credential.--The term
``recognized postsecondary credential'' has the meaning given
such term in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
(11) Secretary.--Except as otherwise specifically provided,
the term ``Secretary'' means the Secretary of Homeland
Security.
(12) Uniformed services.--The term ``Uniformed Services''
has the meaning given the term ``uniformed services'' in
section 101(a) of title 10, United States Code.
(b) Treatment of Expunged Convictions.--For purposes of adjustment
of status under this division, the terms ``convicted'' and
``conviction'', as used in this division and in sections 212 and 244 of
the Immigration and Nationality Act (8 U.S.C. 1182, 1254a), do not
include a judgment that has been expunged or set aside, that resulted
in a rehabilitative disposition, or the equivalent.
SEC. 23002. SUBMISSION OF BIOMETRIC AND BIOGRAPHIC DATA; BACKGROUND
CHECKS.
(a) Submission of Biometric and Biographic Data.--The Secretary may
not grant an alien adjustment of status under this division, on either
a conditional or permanent basis, unless the alien submits biometric
and biographic data, in accordance with procedures established by the
Secretary. The Secretary shall provide an alternative procedure for
aliens who are unable to provide such biometric or biographic data
because of a physical impairment.
(b) Background Checks.--The Secretary shall use biometric,
biographic, and other data that the Secretary determines appropriate to
conduct security and law enforcement background checks and to determine
whether there is any criminal, national security, or other factor that
would render the alien ineligible for adjustment of status under this
division, on either a conditional or permanent basis. The status of an
alien may not be adjusted, on either a conditional or permanent basis,
unless security and law enforcement background checks are completed to
the satisfaction of the Secretary.
SEC. 23003. LIMITATION ON REMOVAL; APPLICATION AND FEE EXEMPTION; AND
OTHER CONDITIONS ON ELIGIBLE INDIVIDUALS.
(a) Limitation on Removal.--An alien who appears to be prima facie
eligible for relief under this division shall be given a reasonable
opportunity to apply for such relief and may not be removed until,
subject to section 23006(c)(2), a final decision establishing
ineligibility for relief is rendered.
(b) Application.--An alien present in the United States who has
been ordered removed or has been permitted to depart voluntarily from
the United States may, notwithstanding such order or permission to
depart, apply for adjustment of status under this division. Such alien
shall not be required to file a separate motion to reopen, reconsider,
or vacate the order of removal. If the Secretary approves the
application, the Secretary shall cancel the order of removal. If the
Secretary renders a final administrative decision to deny the
application, the order of removal or permission to depart shall be
effective and enforceable to the same extent as if the application had
not been made, only after all available administrative and judicial
remedies have been exhausted.
(c) Fee Exemption.--An applicant may be exempted from paying an
application fee required under this division if the applicant--
(1) is 18 years of age or younger;
(2) received total income, during the 12-month period
immediately preceding the date on which the applicant files an
application under this division, that is less than 150 percent
of the Federal poverty line;
(3) is in foster care or otherwise lacks any parental or
other familial support; or
(4) cannot care for himself or herself because of a
serious, chronic disability.
(d) Advance Parole.--During the period beginning on the date on
which an alien applies for adjustment of status under this division and
ending on the date on which the Secretary makes a final decision
regarding such application, the alien shall be eligible to apply for
advance parole. Section 101(g) of the Immigration and Nationality Act
(8 U.S.C. 1101(g)) shall not apply to an alien granted advance parole
under this Act.
(e) Employment.--An alien whose removal is stayed pursuant to this
division, who may not be placed in removal proceedings pursuant to this
division, or who has pending an application under this division, shall,
upon application to the Secretary, be granted an employment
authorization document.
SEC. 23004. DETERMINATION OF CONTINUOUS PRESENCE AND RESIDENCE.
(a) Effect of Notice To Appear.--Any period of continuous physical
presence or continuous residence in the United States of an alien who
applies for permanent resident status under this division (whether on a
conditional basis or without the conditional basis as provided in
section 21004(c)(2)) shall not terminate when the alien is served a
notice to appear under section 239(a) of the Immigration and
Nationality Act (8 U.S.C. 1229(a)).
(b) Treatment of Certain Breaks in Presence or Residence.--
(1) In general.--Except as provided in paragraphs (2) and
(3), an alien shall be considered to have failed to maintain--
(A) continuous physical presence in the United
States under this division if the alien has departed
from the United States for any period exceeding 90 days
or for any periods, in the aggregate, exceeding 180
days; and
(B) continuous residence in the United States under
this division if the alien has departed from the United
States for any period exceeding 180 days, unless the
alien establishes to the satisfaction of the Secretary
of Homeland Security that the alien did not in fact
abandon residence in the United States during such
period.
(2) Extensions for extenuating circumstances.--The
Secretary may extend the time periods described in paragraph
(1) for an alien who demonstrates that the failure to timely
return to the United States was due to extenuating
circumstances beyond the alien's control, including--
(A) the serious illness of the alien;
(B) death or serious illness of a parent,
grandparent, sibling, or child of the alien;
(C) processing delays associated with the
application process for a visa or other travel
document; or
(D) restrictions on international travel due to the
public health emergency declared by the Secretary of
Health and Human Services under section 3119 of the
Public Health Service Act (42 U.S.C. 247d) with respect
to COVID-19.
(3) Travel authorized by the secretary.--Any period of
travel outside of the United States by an alien that was
authorized by the Secretary may not be counted toward any
period of departure from the United States under paragraph (1).
(c) Waiver of Physical Presence.--With respect to aliens who were
removed or departed the United States on or after January 20, 2017, and
who were continuously physically present in the United States for at
least 5 years prior to such removal or departure, the Secretary may, as
a matter of discretion, waive the physical presence requirement under
section 21002(b)(1)(A) or section 22002(a)(2) for humanitarian
purposes, for family unity, or because a waiver is otherwise in the
public interest. The Secretary, in consultation with the Secretary of
State, shall establish a procedure for such aliens to apply for relief
under section 21002 or 22002 from outside the United States if they
would have been eligible for relief under such section, but for their
removal or departure.
SEC. 23005. EXEMPTION FROM NUMERICAL LIMITATIONS.
Nothing in this division or in any other law may be construed to
apply a numerical limitation on the number of aliens who may be granted
permanent resident status under this division (whether on a conditional
basis, or without the conditional basis as provided in section
21004(c)(2)).
SEC. 23006. AVAILABILITY OF ADMINISTRATIVE AND JUDICIAL REVIEW.
(a) Administrative Review.--Not later than 30 days after the date
of the enactment of this Act, the Secretary shall provide to aliens who
have applied for adjustment of status under this division a process by
which an applicant may seek administrative appellate review of a denial
of an application for adjustment of status, or a revocation of such
status.
(b) Judicial Review.--Except as provided in subsection (c), and
notwithstanding any other provision of law, an alien may seek judicial
review of a denial of an application for adjustment of status, or a
revocation of such status, under this division in an appropriate United
States district court.
(c) Stay of Removal.--
(1) In general.--Except as provided in paragraph (2), an
alien seeking administrative or judicial review under this
division may not be removed from the United States until a
final decision is rendered establishing that the alien is
ineligible for adjustment of status under this Act.
(2) Exception.--The Secretary may remove an alien described
in paragraph (1) pending judicial review if such removal is
based on criminal or national security grounds described in
this division. Such removal shall not affect the alien's right
to judicial review under this division. The Secretary shall
promptly return a removed alien if a decision to deny an
application for adjustment of status under this division, or to
revoke such status, is reversed.
SEC. 23007. DOCUMENTATION REQUIREMENTS.
(a) Documents Establishing Identity.--An alien's application for
permanent resident status under this division (whether on a conditional
basis, or without the conditional basis as provided in section
21004(c)(2)) may include, as evidence of identity, the following:
(1) A passport or national identity document from the
alien's country of origin that includes the alien's name and
the alien's photograph or fingerprint.
(2) The alien's birth certificate and an identity card that
includes the alien's name and photograph.
(3) A school identification card that includes the alien's
name and photograph, and school records showing the alien's
name and that the alien is or was enrolled at the school.
(4) A Uniformed Services identification card issued by the
Department of Defense.
(5) Any immigration or other document issued by the United
States Government bearing the alien's name and photograph.
(6) A State-issued identification card bearing the alien's
name and photograph.
(7) Any other evidence determined to be credible by the
Secretary.
(b) Documents Establishing Entry, Continuous Physical Presence,
Lack of Abandonment of Residence.--To establish that an alien was 18
years of age or younger on the date on which the alien entered the
United States, and has continuously resided in the United States since
such entry, as required under section 21002(b)(1)(B), that an alien has
been continuously physically present in the United States, as required
under section 21002(b)(1)(A) or 202(a)(2), or that an alien has not
abandoned residence in the United States, as required under section
21004(a)(1)(B), the alien may submit the following forms of evidence:
(1) Passport entries, including admission stamps on the
alien's passport.
(2) Any document from the Department of Justice or the
Department of Homeland Security noting the alien's date of
entry into the United States.
(3) Records from any educational institution the alien has
attended in the United States.
(4) Employment records of the alien that include the
employer's name and contact information, or other records
demonstrating earned income.
(5) Records of service from the Uniformed Services.
(6) Official records from a religious entity confirming the
alien's participation in a religious ceremony.
(7) A birth certificate for a child who was born in the
United States.
(8) Hospital or medical records showing medical treatment
or hospitalization, the name of the medical facility or
physician, and the date of the treatment or hospitalization.
(9) Automobile license receipts or registration.
(10) Deeds, mortgages, or rental agreement contracts.
(11) Rent receipts or utility bills bearing the alien's
name or the name of an immediate family member of the alien,
and the alien's address.
(12) Tax receipts.
(13) Insurance policies.
(14) Remittance records, including copies of money order
receipts sent in or out of the country.
(15) Travel records.
(16) Dated bank transactions.
(17) Two or more sworn affidavits from individuals who are
not related to the alien who have direct knowledge of the
alien's continuous physical presence in the United States, that
contain--
(A) the name, address, and telephone number of the
affiant; and
(B) the nature and duration of the relationship
between the affiant and the alien.
(18) Any other evidence determined to be credible by the
Secretary.
(c) Documents Establishing Admission to an Institution of Higher
Education.--To establish that an alien has been admitted to an
institution of higher education, the alien may submit to the Secretary
a document from the institution of higher education certifying that the
alien--
(1) has been admitted to the institution; or
(2) is currently enrolled in the institution as a student.
(d) Documents Establishing Receipt of a Degree From an Institution
of Higher Education.--To establish that an alien has acquired a degree
from an institution of higher education in the United States, the alien
may submit to the Secretary a diploma or other document from the
institution stating that the alien has received such a degree.
(e) Documents Establishing Receipt of a High School Diploma,
General Educational Development Credential, or a Recognized
Equivalent.--To establish that in the United States an alien has earned
a high school diploma or a commensurate alternative award from a public
or private high school, has obtained the General Education Development
credential, or otherwise has satisfied section 21002(b)(1)(D)(iii), the
alien may submit to the Secretary the following:
(1) A high school diploma, certificate of completion, or
other alternate award.
(2) A high school equivalency diploma or certificate
recognized under State law.
(3) Evidence that the alien passed a State-authorized exam,
including the General Education Development test, in the United
States.
(4) Evidence that the alien successfully completed an area
career and technical education program, such as a
certification, certificate, or similar alternate award.
(5) Evidence that the alien obtained a recognized
postsecondary credential.
(6) Any other evidence determined to be credible by the
Secretary.
(f) Documents Establishing Enrollment in an Educational Program.--
To establish that an alien is enrolled in any school or education
program described in section 21002(b)(1)(D)(iv) or 21004(a)(1)(C), the
alien may submit school records from the United States school that the
alien is currently attending that include--
(1) the name of the school; and
(2) the alien's name, periods of attendance, and current
grade or educational level.
(g) Documents Establishing Exemption From Application Fees.--To
establish that an alien is exempt from an application fee under this
division, the alien may submit to the Secretary the following relevant
documents:
(1) Documents to establish age.--To establish that an alien
meets an age requirement, the alien may provide proof of
identity, as described in subsection (a), that establishes that
the alien is 18 years of age or younger.
(2) Documents to establish income.--To establish the
alien's income, the alien may provide--
(A) employment records or other records of earned
income, including records that have been maintained by
the Social Security Administration, the Internal
Revenue Service, or any other Federal, State, or local
government agency;
(B) bank records; or
(C) at least two sworn affidavits from individuals
who are not related to the alien and who have direct
knowledge of the alien's work and income that contain--
(i) the name, address, and telephone number
of the affiant; and
(ii) the nature and duration of the
relationship between the affiant and the alien.
(3) Documents to establish foster care, lack of familial
support, or serious, chronic disability.--To establish that the
alien is in foster care, lacks parental or familial support, or
has a serious, chronic disability, the alien may provide at
least two sworn affidavits from individuals who are not related
to the alien and who have direct knowledge of the circumstances
that contain--
(A) a statement that the alien is in foster care,
otherwise lacks any parental or other familiar support,
or has a serious, chronic disability, as appropriate;
(B) the name, address, and telephone number of the
affiant; and
(C) the nature and duration of the relationship
between the affiant and the alien.
(h) Documents Establishing Qualification for Hardship Exemption.--
To establish that an alien satisfies one of the criteria for the
hardship exemption set forth in section 21004(a)(2)(C), the alien may
submit to the Secretary at least two sworn affidavits from individuals
who are not related to the alien and who have direct knowledge of the
circumstances that warrant the exemption, that contain--
(1) the name, address, and telephone number of the affiant;
and
(2) the nature and duration of the relationship between the
affiant and the alien.
(i) Documents Establishing Service in the Uniformed Services.--To
establish that an alien has served in the Uniformed Services for at
least 2 years and, if discharged, received an honorable discharge, the
alien may submit to the Secretary--
(1) a Department of Defense form DD-214;
(2) a National Guard Report of Separation and Record of
Service form 22;
(3) personnel records for such service from the appropriate
Uniformed Service; or
(4) health records from the appropriate Uniformed Service.
(j) Documents Establishing Earned Income.--
(1) In general.--An alien may satisfy the earned income
requirement under section 21004(a)(1)(C)(iii) by submitting
records that--
(A) establish compliance with such requirement; and
(B) have been maintained by the Social Security
Administration, the Internal Revenue Service, or any
other Federal, State, or local government agency.
(2) Other documents.--An alien who is unable to submit the
records described in paragraph (1) may satisfy the earned
income requirement by submitting at least two types of reliable
documents that provide evidence of employment or other forms of
earned income, including--
(A) bank records;
(B) business records;
(C) employer or contractor records;
(D) records of a labor union, day labor center, or
organization that assists workers in employment;
(E) sworn affidavits from individuals who are not
related to the alien and who have direct knowledge of
the alien's work, that contain--
(i) the name, address, and telephone number
of the affiant; and
(ii) the nature and duration of the
relationship between the affiant and the alien;
(F) remittance records; or
(G) any other evidence determined to be credible by
the Secretary.
(k) Authority To Prohibit Use of Certain Documents.--If the
Secretary determines, after publication in the Federal Register and an
opportunity for public comment, that any document or class of documents
does not reliably establish identity or that permanent resident status
under this division (whether on a conditional basis, or without the
conditional basis as provided in section 21004(c)(2)) is being obtained
fraudulently to an unacceptable degree, the Secretary may prohibit or
restrict the use of such document or class of documents.
SEC. 23008. RULEMAKING.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall publish in the Federal
Register interim final rules implementing this division, which shall
allow eligible individuals to immediately apply for relief under this
division. Notwithstanding section 553 of title 5, United States Code,
the regulation shall be effective, on an interim basis, immediately
upon publication, but may be subject to change and revision after
public notice and opportunity for a period of public comment. The
Secretary shall finalize such rules not later than 180 days after the
date of publication.
(b) Paperwork Reduction Act.--The requirements under chapter 35 of
title 44, United States Code (commonly known as the ``Paperwork
Reduction Act''), shall not apply to any action to implement this Act.
SEC. 23009. CONFIDENTIALITY OF INFORMATION.
(a) In General.--The Secretary may not disclose or use information
(including information provided during administrative or judicial
review) provided in applications filed under this division or in
requests for DACA for the purpose of immigration enforcement.
(b) Referrals Prohibited.--The Secretary, based solely on
information provided in an application for adjustment of status under
this division (including information provided during administrative or
judicial review) or an application for DACA, may not refer an applicant
to U.S. Immigration and Customs Enforcement, U.S. Customs and Border
Protection, or any designee of either such entity.
(c) Limited Exception.--Notwithstanding subsections (a) and (b),
information provided in an application for adjustment of status under
this division may be shared with Federal security and law enforcement
agencies--
(1) for assistance in the consideration of an application
for adjustment of status under this division;
(2) to identify or prevent fraudulent claims;
(3) for national security purposes; or
(4) for the investigation or prosecution of any felony
offense not related to immigration status.
(d) Penalty.--Any person who knowingly uses, publishes, or permits
information to be examined in violation of this section shall be fined
not more than $10,000.
SEC. 23010. GRANT PROGRAM TO ASSIST ELIGIBLE APPLICANTS.
(a) Establishment.--The Secretary shall establish, within U.S.
Citizenship and Immigration Services, a program to award grants, on a
competitive basis, to eligible nonprofit organizations that will use
the funding to assist eligible applicants under this division by
providing them with the services described in subsection (b).
(b) Use of Funds.--Grant funds awarded under this section shall be
used for the design and implementation of programs that provide--
(1) information to the public regarding the eligibility and
benefits of permanent resident status under this division
(whether on a conditional basis, or without the conditional
basis as provided in section 21004(c)(2)), particularly to
individuals potentially eligible for such status;
(2) assistance, within the scope of authorized practice of
immigration law, to individuals submitting applications for
adjustment of status under this division (whether on a
conditional basis, or without the conditional basis as provided
in section 21004(c)(2)), including--
(A) screening prospective applicants to assess
their eligibility for such status;
(B) completing applications and petitions,
including providing assistance in obtaining the
requisite documents and supporting evidence; and
(C) providing any other assistance that the
Secretary or grantee considers useful or necessary to
apply for adjustment of status under this division
(whether on a conditional basis, or without the
conditional basis as provided in section 21004(c)(2));
and
(3) assistance, within the scope of authorized practice of
immigration law, and instruction, to individuals--
(A) on the rights and responsibilities of United
States citizenship;
(B) in civics and English as a second language;
(C) in preparation for the General Education
Development test; and
(D) in applying for adjustment of status and United
States citizenship.
(c) Authorization of Appropriations.--
(1) Amounts authorized.--There are authorized to be
appropriated such sums as may be necessary for each of the
fiscal years 2024 through 2034 to carry out this section.
(2) Availability.--Any amounts appropriated pursuant to
paragraph (1) shall remain available until expended.
SEC. 23011. PROVISIONS AFFECTING ELIGIBILITY FOR ADJUSTMENT OF STATUS.
An alien's eligibility to be lawfully admitted for permanent
residence under this division (whether on a conditional basis, or
without the conditional basis as provided in section 21004(c)(2)) shall
not preclude the alien from seeking any status under any other
provision of law for which the alien may otherwise be eligible.
SEC. 23012. SUPPLEMENTARY SURCHARGE FOR APPOINTED COUNSEL.
(a) In General.--Except as provided in section 23002 and in cases
where the applicant is exempt from paying a fee under section 23003(c),
in any case in which a fee is charged pursuant to this division, an
additional surcharge of $25 shall be imposed and collected for the
purpose of providing appointed counsel to applicants seeking judicial
review of the Secretary's decision to provisionally deny an application
under this Act.
(b) Immigration Counsel Account.--There is established in the
general fund of the Treasury a separate account which shall be known as
the ``Immigration Counsel Account''. Fees collected under subsection
(a) shall be deposited into the Immigration Counsel Account and shall
remain available until expended for purposes of providing appointed
counsel as required under this Act.
(c) Report.--At the end of each 2-year period, beginning with the
establishment of this account, the Secretary of Homeland Security shall
submit a report to the Congress concerning the status of the account,
including any balances therein, and recommend any adjustment in the
prescribed fee that may be required to ensure that the receipts
collected from the fee charged for the succeeding 2 years equal, as
closely as possible, the cost of providing appointed counsel as
required under this Act.
SEC. 23013. ANNUAL REPORT ON PROVISIONAL DENIAL AUTHORITY.
Not later than 1 year after the date of the enactment of this Act,
and annually thereafter, the Secretary of Homeland Security shall
submit to the Congress a report detailing the number of applicants that
receive--
(1) a provisional denial under this division;
(2) a final denial under this division without seeking
judicial review;
(3) a final denial under this division after seeking
judicial review; and
(4) an approval under this division after seeking judicial
review.
TITLE IV--DIGNITY AND REDEMPTION PROGRAMS
Subtitle A--Dignity Program
SEC. 24001. ESTABLISHMENT.
(a) In General.--There is established a program, to be known as the
``Dignity Program'' under this subtitle, which shall provide for
deferred action on removal and the provision of employment and travel
authorization in the case of eligible applicants, in accordance with
the provisions of this subtitle.
(b) Abolition of 3- and 10-Year Bars.--For purposes of this
subtitle, section 212(a)(9) of the Immigration and Nationality Act
shall not apply for purposes of any person who applies and thereafter
participates in the Dignity Program.
SEC. 24002. ELIGIBILITY.
The Secretary of Homeland Security shall approve an application to
participate in the Dignity Program from an eligible alien subject to
the following:
(1) Application.--The applicant shall submit such
information that the Secretary determines sufficient to prove
the following:
(A) That the alien has been continually physically
present in the United States at least 5 years prior to
the enactment of this Act.
(B) That the alien is not inadmissible under
section 212(a) of the Immigration and Nationality Act
(except that paragraph (9) shall not apply for purposes
of this section).
(C) That the alien has included a restitution
payment of at least $1,000, to be deposited in the H-1B
Nonimmigrant Petitioner Account, which shall be used to
support American workers for purposes described in
subtitle C of title IV of division B.
(2) Submission of biometric and biographic data; background
checks.--
(A) Submission of biometric and biographic data.--
The Secretary may not approve such an application,
unless the alien submits biometric and biographic data,
in accordance with procedures established by the
Secretary. The Secretary shall provide an alternative
procedure for aliens who are unable to provide such
biometric or biographic data because of a physical
impairment.
(B) Background checks.--The Secretary shall use
biometric, biographic, and other data that the
Secretary determines appropriate to conduct security
and law enforcement background checks and to determine
whether there is any criminal, national security, or
other factor that would render the alien ineligible for
participation in the Dignity Program in accordance with
paragraph (3). The application for participation in the
Dignity Program may not be approved unless security and
law enforcement background checks are completed to the
satisfaction of the Secretary.
(3) Grounds of ineligibility.--Except as provided in
paragraph (2), an alien is ineligible for participation in the
Dignity Program if, excluding any offense under State law for
which an essential element is the alien's immigration status,
and any minor traffic offense, the alien has been convicted
of--
(A) any felony offense;
(B) two or more misdemeanor offenses (excluding
simple possession of cannabis or cannabis-related
paraphernalia, any offense involving cannabis or
cannabis-related paraphernalia which is no longer
prosecutable in the State in which the conviction was
entered, and any offense involving civil disobedience
without violence) not occurring on the same date, and
not arising out of the same act, omission, or scheme of
misconduct; or
(C) a misdemeanor offense of domestic violence,
unless the alien demonstrates that such crime is
related to the alien having been--
(i) a victim of domestic violence, sexual
assault, stalking, child abuse or neglect,
abuse or neglect in later life, or human
trafficking;
(ii) battered or subjected to extreme
cruelty; or
(iii) a victim of criminal activity
described in section 101(a)(15)(U)(iii) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(U)(iii)).
(4) Waivers for certain misdemeanors.--For humanitarian
purposes, family unity, or if otherwise in the public interest,
the Secretary may waive--
(A) the grounds of inadmissibility under
subparagraphs (A), (C), and (D) of section 212(a)(2) of
the Immigration and Nationality Act (8 U.S.C.
1182(a)(2)); and
(B) consideration of--
(i) one misdemeanor offense if the alien
has not been convicted of any offense in the 5-
year period preceding the date on which the
alien applies for adjustment of status; or
(ii) up to two misdemeanor offenses if the
alien has not been convicted of any offense in
the 10-year period preceding the date on which
the alien applies for adjustment of status.
SEC. 24003. REGISTRATION; DEPARTURE.
(a) Registration.--Any alien approved to participate in the Dignity
Program shall--
(1) register with the Secretary of Homeland Security;
(2) submit biometric and biographic data to the Secretary;
and
(3) submit a sworn declaration stipulating to presence in
the United States without a lawful immigration status, and, as
appropriate, unlawful presence, in the United States.
(b) Departure.--Not later than 24 months after the date of the
enactment of this Act, any alien present in the United States without
lawful status under the immigration laws, or not participating in the
programs outlined in division B or seeking Certified Agricultural
Worker status under this Act shall apply for the Dignity Program or
depart the United States.
(c) Intentional Self-Deportation.--Any alien that voluntarily
departs the United States not later than 24 months after the date of
the enactment of this Act shall not be subject to the provisions of
section 212(a)(9) of the Immigration and Nationality Act with respect
to--
(1) any removal ordered under section 235(b)(1) of such Act
or at the end of proceedings under section 240 of such Act
initiated upon the alien's arrival in the United States; or
(2) any removal ordered under section 240 of such Act,
prior to the date of the enactment of this Act.
(d) Limitation on Removal.--An alien who appears to be prima facie
eligible for status under this subtitle during the 24-month period
following the date of enactment of this Act may not be removed or fined
based on their immigration status--
(1) during such period; and
(2) in the case that the alien applies for status under
this subtitle, until a final decision establishing
ineligibility for such status is rendered.
(e) Exception.--This section does not apply in the case of any
alien with a valid Notice to Appear in immigration court or with a
pending determination on their immigration status that is not decided
before this date.
SEC. 24004. PROGRAM PARTICIPATION.
(a) In General.--Any applicant who is approved to participate in
the Dignity Program shall make an appointment with USCIS who shall
issue an order deferring further action for a period of 7 years.
(b) Conditions.--Each participant in the Dignity Program shall
conform to the following:
(1) Report.--The participant shall biennially report to the
Secretary of Homeland Security and provide the following
information:
(A) Place of residence.
(B) Testimony as to good standing within the
community.
(2) Restitution.--
(A) In general.--The participant shall pay an
additional fee of at least $1,000 with each report
under paragraph (1), until a total amount of $5,000 has
been paid, to be deposited in the H-1B Nonimmigrant
Petitioner Account, which shall be used to support
American workers for purposes described in subtitle C
of title IV of division B.
(B) Limitation in the case of minors.--Subparagraph
(A) shall not apply with respect to any participant in
the Dignity Program who is under 18 years of age.
(3) Lawful conduct.--The participant shall comply with all
Federal and State laws.
(4) Employment.--The participant shall remain, for a period
of not less than 4 years during their participation in the
Dignity Program, employed (including self-employment and
serving as a caregiver) or enrolled in a course of study at an
institute of higher education, as defined in section 102 of the
Higher Education Act of 1965 (20 U.S.C. 1002), or an area
career and technical education school, as defined in section 3
of the Carl D. Perkins Career and Technical Education Act of
2006 (20 U.S.C. 2302). The Secretary may waive the application
of this paragraph in the case of any alien with dependents
under the age of 12, any alien the Secretary determines would
be unable to reasonably comply by reason of a disability or
other impediment, or anyone above 65 years of age.
(5) Taxes.--The participant shall pay any applicable taxes
and satisfy any tax obligations outstanding within 10 years of
the date of application approval.
(6) Support dependents.--The participant shall support any
dependents including by providing food, shelter, clothing,
education, and covering basic medical needs.
(7) Medical costs.--
(A) In general.--The participant shall be enrolled
under qualifying health coverage.
(B) Definition.--For purposes of this paragraph,
the term ``qualifying health coverage'' means, with
respect to the participant, the higher of the following
levels of coverage applicable to such alien:
(i) At a minimum, catastrophic health
insurance coverage that provides coverage of
such individual with respect to at least the
State of employment and State of residence of
the alien.
(ii) In the case of an alien whose State of
residence or State of employment requires such
an alien to maintain coverage under health
insurance, such health insurance.
(8) Public benefits.--Beginning on the date of
participation in the Dignity Program, the participant shall not
avail himself or herself of any Federal means-tested benefits
or entitlement programs. For purposes of this paragraph, any
benefits received by a child or dependent that is a United
States citizen living in the same household shall not be taken
into account.
(9) Levy.--In addition to other taxes, there is hereby
imposed on the income of every participant a tax equal to 1.5
percent of the adjusted gross income (as defined in section
3121(a) of the Internal Revenue Code of 1986) received by the
individual with respect to employment (as defined in section
3121(b) the Internal Revenue Code of 1986). The participant
shall comply with the requirements of section 9512 of the
Internal Revenue Code of 1986. Any tax collected under this
paragraph shall be deposited in the Immigration Infrastructure
Fund established in section 1213.
(10) Exemption from certain payroll taxes.--A participant
shall not be liable for any tax under section 3101 or 3102 of
the Internal Revenue Code of 1986.
(c) Authorizing Participants Approved To Participate in the Dignity
Program To Enlist in the Armed Forces.--
(1) Waiver.--Under this provision, for any individual in
the Dignity program that enlists in the Armed Forces, the
conditions outlined in subsection (b) shall be waived during
their service.
(2) Completion of term of enlistment.--Upon completion of a
term of enlistment, the requirements of the Dignity Program
shall be satisfied for that individual, and that individual
shall be eligible to adjust to lawful permanent resident status
through the Armed Forces.
(d) Violations.--If a participant violates a condition under
subsection (b), the Secretary may at the Secretary's discretion, waive
enforcement of minor violations including late fees, take extenuating
circumstances into effect, or consider factors of undue hardship, but
in all other cases, the Secretary shall initiate removal proceedings.
In such proceedings, the immigration judge may make a determination as
to whether to order removal or to issue an order modifying the
conditions of that participant's participation in the Dignity Program.
SEC. 24005. COMPLETION.
(a) In General.--Upon satisfying the conditions set forth in
subsection (b) and thereby successfully completing the Dignity Program,
the participant may choose--
(1) to receive Dignity status under this section; or
(2) to register for the Redemption Program under subtitle
B.
(b) Completion.--The conditions set forth in this subsection for
successful completion of the Dignity Program are as follows:
(1) Compliance with all requirements of subsection (b)(1).
(2) Compliance with all requirements of subsection (b)(2).
(3) Compliance with the requirement of subsection (b)(3)
for the entire period of the participation in the Dignity
Program.
(c) Dignity Status.--The status under this section--
(1) shall be valid for a period of 5 years;
(2) may be renewed any number of times; and
(3) shall provide the alien with--
(A) lawful status as a nonimmigrant;
(B) authorization for employment; and
(C) the ability to reenter the United States any
number of times.
(d) Redemption Program.--Upon completion of the requirements of the
Dignity Program, an applicant may choose to register for the Redemption
Program under subtitle B.
Subtitle B--Redemption Program
SEC. 24101. ESTABLISHMENT.
(a) Establishment.--There is established a program, to be known as
the ``Redemption Program'', under which eligible applicants may acquire
conditional redemption status, and shall be authorized to apply for
lawful permanent residency under the immigration laws in accordance
with section 24103. Such status shall be valid for a period of 5 years,
and may be renewed any number of times.
(b) Eligibility.--To be eligible to apply under the Redemption
Program, an applicant shall be an alien who has successfully completed
the Dignity Program under subtitle A.
(c) Status.--In the case of an alien who is an eligible applicant
granted conditional redemption status under this section, the alien--
(1) may not be removed or return the alien to the alien's
country of nationality or, in the case of a person having no
nationality, the country of the alien's last habitual
residence;
(2) shall be authorized to engage in employment in the
United States and be provided with appropriate endorsement of
that authorization; and
(3) may be allowed to travel abroad.
(d) Conditionality.--Conditional redemption status does not convey
a right to remain permanently in the United States, and may be
terminated if it is determined that the alien has violated any
condition set forth under section 24102.
SEC. 24102. CONDITIONS.
(a) In General.--An alien receiving conditional status under
section 24101 shall comply with the following:
(1) The alien shall report to the Secretary of Homeland
Security biennially.
(2) The alien shall maintain an accurate record with the
Secretary of the following:
(A) The alien's place of residence.
(B) Testimony regarding good standing within the
community.
(3) The alien shall complete either of the following:
(A) Payment of additional fees of at least $2,000
upon each report under paragraph (1), until a total of
$5,000 has been paid; or
(B) certification that the alien has completed such
community service requirement as the Secretary may
establish, consistent with the following:
(i) Not less than 200 hours of community
service shall be required.
(ii) The community service may be completed
with the National Service Corps or with other,
local community service providers, as the
Secretary determines appropriate.
(4) The alien has learned English.
(5) The alien has learned United States civics.
(b) Waiver.--The Secretary of Homeland Security may waive paragraph
(4) or (5) of subsection (a) in the case of an alien who is 65 years of
age or older.
SEC. 24103. COMPLETION AND REMOVAL OF CONDITIONAL STATUS.
If an alien maintains and completes the requirements of this
section, after a period of 4 years beginning on the date that the
alien's application for participation in the Redemption Program is
approved, and subject to sections 1181 and 1515 of Division A of this
Act, the Secretary may adjust the status of the alien to that of a
lawful permanent resident, except that the alien's status granted under
section 24101 may not be extended unless the alien demonstrates that
the alien satisfies the requirements under section 312(a) of the
Immigration and Nationality Act (8 U.S.C. 1423(a)).
Subtitle C--Contribution to American Workers
SEC. 24200. PURPOSE.
This subtitle shall direct restitution payments from the Dignity
and Redemption programs to be disbursed to American workers through
promoting apprenticeships and other work-based learning programs for
small and medium-sized businesses within in-demand industry sectors,
through the establishment and support of industry or sector
partnerships.
SEC. 24201. AVAILABILITY OF FUNDS.
From funds paid by restitution under title IV of division B of the
Dignity for Immigrants while Guarding our Nation to Ignite and Deliver
the American Dream Act and available under section 286(s)(2) of the
Immigration and Nationality Act (8 U.S.C. 1356(s)(2)), the Secretary
shall carry out this Act.
SEC. 24202. CONFORMING AMENDMENTS.
(a) American Competitiveness and Workforce Improvement Act of
1998.--Section 414(c) of the American Competitiveness and Workforce
Improvement Act of 1998 (29 U.S.C. 2916a) is repealed.
(b) Immigration and Nationality Act.--Section 286(s)(2) of the
Immigration and Nationality Act (8 U.S.C. 1356(s)(2)) is amended to
read as follows:
``(2) Use of fees for work-based learning programs.--90
percent of amounts deposited into the H-1B Nonimmigrant
Petitioner Account pursuant to the Dignity for Immigrants while
Guarding our Nation to Ignite and Deliver the American Dream
Act shall remain available to the Secretary of Labor until
expended to carry out the Dignity for Immigrants while Guarding
our Nation to Ignite and Deliver the American Dream Act.''.
PART 1--PROMOTING APPRENTICESHIPS THROUGH REGIONAL TRAINING NETWORKS
SEC. 24301. DEFINITIONS.
In this Act:
(1) Eligible partnership.--The term ``eligible
partnership'' means an industry or sector partnership as
defined in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102) that submits and obtains
approval of an application consistent with section 5(c).
(2) In-demand industry sector.--The term ``in-demand
industry sector'' means a sector described in subparagraphs
(A)(i) and (B) of section 3(23) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102(23)).
(3) Local or regional.--The term ``local or regional'',
used with respect to an entity, means that the entity provides
services in, respectively, a local area or region.
(4) Workforce terms.--The terms ``Governor'', ``individual
with a barrier to employment'', ``industry or sector
partnership'', ``local area'', ``local board'', ``State
board'', ``outlying area'', ``recognized postsecondary
credential'', ``region'', ``State'', and ``supportive
services'', used with respect to activities supported under
this Act, have the meanings given the terms in section 3 of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
SEC. 24302. ALLOTMENTS TO STATES.
(a) Reservation.--Of the amounts available for this Act under
section 4, the Secretary may reserve--
(1) not more than 5 percent of those amounts for the costs
of technical assistance and Federal administration of this Act;
(2) not more than 2 percent of those amounts for the costs
of evaluations conducted under section 8(b); and
(3) not more than \1/4\ of 1 percent of such amounts to
provide assistance to the outlying areas.
(b) Allotments.--
(1) In general.--Of the amounts available for this Act
under section 4 that remain after the Secretary makes the
reservations under subsection (a), the Secretary shall, for the
purpose of supporting (which may include assistance in
establishing expanded) local or regional eligible partnerships
to support work-based learning programs under this Act, make
allotments to eligible States in accordance with clauses (ii)
through (v) of section 132(b)(1)(B) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3162(b)(1)(C)), subject to
paragraph (2).
(2) Application.--For purposes of applying the clauses
described in paragraph (1), under paragraph (1), the
Secretary--
(A) shall not apply subclauses (I) and (III) of
clause (iv) with respect to the first fiscal year after
the date of enactment of this Act;
(B) shall apply clause (iv)(II) by substituting
``0.5 percent of the remaining amounts described in
paragraph (1)'' for the total described in that clause;
(C) shall not apply clause (iv)(IV);
(D) shall apply clause (v)(II) by substituting the
term ``allotment percentage'', used with respect to the
second full fiscal year after the date of enactment of
this Act, or a subsequent fiscal year, means a
percentage of the remaining amounts described in
paragraph (1) that is received through an allotment
made under this subsection for the fiscal year for the
two sentences in that clause; and
(E) shall apply clause (v)(III) by substituting ``a
work-based learning program carried out under this
Act'' for ``a program of workforce investment
activities carried out under this subtitle''.
(3) Use of unallotted funds.--If a State fails to meet the
requirements for an allotment under this subsection, the
Secretary may allot funds that are not allotted under
paragraphs (1) and (2) to eligible States under a formula based
on the formula specified in section 132(c) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3173(c)).
(4) Definition.--In this subsection, the term ``eligible
State'' means a State that meets the requirements of section
102 or 103 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3112, 3113) and subsection (c).
(c) State Eligibility.--To be eligible to receive an allotment
under subsection (b), a State, in consultation with State boards and
local boards, shall submit an application to the Secretary, at such
time, in such manner, and containing a description of the activities to
be carried out with the grant funds. At a minimum, the application
shall include information on--
(1) the local or regional industry or sector partnerships
that will be supported, including the lead partners for the
partnerships, and how the partnerships will work to engage
small and medium-sized businesses, as applicable, in the
activities of the partnerships;
(2) the in-demand industry sectors that will be served,
including how such industry sectors were identified, and how
the activities of the partnerships will align with State,
regional, and local plans as required under title I of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3111 et
seq.);
(3) the apprenticeship programs or other work-based
learning programs to be supported though the partnerships;
(4) the populations that will receive services, including
individuals with barriers to employment and populations that
were historically underrepresented in the industry sectors to
be served through the partnerships;
(5) the services, including business engagement, classroom
instruction, and support services (including at least 6 months
of post-employment support services), that will be supported
through the grant funds;
(6) the recognized postsecondary credentials that workers
will obtain through participation in the program and the
quality of the program that leads to the credentials;
(7) levels of performance to be achieved on the performance
indicators described in section 8, to measure progress towards
expanding work-based learning programs;
(8) how local or regional partnerships will leverage
additional resources, including funding provided under title I
of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111
et seq.) and non-Federal resources, to support the activities
carried out under this Act; and
(9) such other subjects as the Secretary may require.
(d) Review of Applications.--The Secretary shall review
applications submitted under subsection (c) in consultation with the
Secretary of Education and the Secretary of Health and Human Services.
SEC. 24303. GRANTS TO PARTNERSHIPS.
(a) Grants.--
(1) In general.--The Governor of a State that receives an
allotment under section 5 shall use the funds made available
through the allotment and not reserved under subsection (d) to
award grants to eligible partnerships. The Governor shall award
the grants for the purpose of assisting (which may include
establishing or expanding) local or regional industry or sector
partnerships that are identified in the application submitted
under section 5(c), to carry out activities described in
section 7.
(2) Period of grant.--A State may make a grant under this
section for a period of 3 years.
(3) Availability of funds.--The Governor of a State that
receives an allotment under section 5 for a fiscal year may use
the funds made available through the allotment during that year
or the 2 subsequent fiscal years.
(b) Eligibility.--To be eligible to receive a grant under this
section, an industry or sector partnership described in subsection
(a)(1) shall--
(1) submit an application to the State at such time, in
such manner, and containing such information as the State may
require; and
(2) designate a partner in the industry or sector
partnership, to serve as the fiscal agent for purposes of the
grant.
(c) Awards of Grants.--
(1) Participation in multiple eligible partnerships.--
Subject to paragraph (2), a State may award grants under this
section in a way that results in an entity being represented in
more than one partnership that receives such a grant.
(2) Geographic diversity.--In making the grants, a State
shall ensure that there is geographic diversity in the areas in
which activities will be carried out under the grants.
(d) Administration.--The State may reserve not more than 5 percent
of the amount of an allotment under section 5 for the administration of
the grants awarded under this section.
SEC. 24304. USE OF FUNDS.
(a) In General.--An eligible partnership that receives a grant
under section 6 shall use the grant funds to support apprenticeships or
other work-based learning programs. The eligible partnership shall use
the grant funds to support the activities described in subsections (b)
and (c) and such other strategies as may be necessary to support the
development and implementation of work-based learning programs, and
participant retention in and completion of those programs. The
partnership may use the grant funds to establish or expand eligible
partnerships.
(b) Business Engagement.--The eligible partnership shall use grant
funds to provide services to engage businesses in work-based learning
programs, which may include assisting a small or medium-sized business
with--
(1) the navigation of the registration process for a
sponsor of an apprenticeship program;
(2) the connection of the business with an education
provider to develop classroom instruction to complement on-the-
job learning;
(3) the development of a curriculum for a work-based
learning program;
(4) the employment of workers in a work-based learning
program for a transitional period before the business hires an
individual for continuing employment;
(5) the provision of training to managers and front-line
workers to serve as trainers or mentors to workers in the work-
based learning program;
(6) the provision of career awareness activities; and
(7) the recruitment of individuals to participate in a
work-based learning program from individuals receiving
additional workforce and human services, including--
(A) workers in programs under the Workforce
Innovation and Opportunity Act (29 U.S.C. 3101 et
seq.);
(B) recipients of assistance through the
supplemental nutrition assistance program established
under the Food and Nutrition Act of 2008 (7 U.S.C. 2011
et seq.); and
(C) recipients of assistance through the program of
block grants to States for temporary assistance for
needy families established under part A of title IV of
the Social Security Act (42 U.S.C. 601 et seq.).
(c) Support Services for Workers.--
(1) In general.--The eligible partnership shall use grant
funds to provide support services for workers to assure their
success in work-based learning programs, which may include--
(A) connection of individuals with adult basic
education during pre-work-based learning or training,
and during the period of employment;
(B) connection of individuals with pre-work-based
learning or training, including through a pre-
apprenticeship program;
(C) provision of additional mentorship and
retention supports for individuals pre-work-based
learning or training, and during the period of
employment;
(D) provision of tools, work attire, and other
required items necessary to start employment pre-work-
based learning or training, and during the period of
employment; and
(E) provision of transportation, child care
services, or other support services pre-work-based
learning or training, and during the period of
employment.
(2) Length of services.--Each eligible partnership shall
provide support services for workers for not less than 12
months after the date of placement of an individual in a work-
based learning program. That 12-month period shall include a
period of pre-work-based learning or training, a transitional
period of employment as described in subsection (b)(4), and a
period of continuing employment.
SEC. 24305. PERFORMANCE AND ACCOUNTABILITY.
(a) Local Reports.--Not later than 1 year after receiving a grant
under section 6, and annually thereafter, each eligible partnership in
a State shall conduct an evaluation and submit to the State a local
report containing information on--
(1) levels of performance achieved by the eligible
partnership with respect to the performance indicators under
section 116(b)(2)(A) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3141(b)(2)(A))--
(A) for all workers in the work-based learning
program involved; and
(B) for all such workers, disaggregated by each
population specified in section 3(24) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102(24)) and
by race, ethnicity, sex, and age; and
(2) levels of performance achieved by the eligible
partnership with respect to the performance indicators under
that section 116(b)(2)(A)--
(A) for individuals with barriers to employment in
the work-based learning program involved; and
(B) for all such individuals, disaggregated by each
population specified in section 3(24) of the Workforce
Innovation and Opportunity Act and by race, ethnicity,
sex, and age.
(b) State Reports.--Not later than 24 months after receiving
initial local reports under subsection (a) (but in no case less than 18
months after the corresponding grants are awarded) and annually
thereafter, the State shall conduct an evaluation and submit a report
to the Secretary containing--
(1) the information provided by the eligible partnerships
through the local reports; and
(2) the State level of performance, aggregated across all
eligible partnerships, with respect to the performance
indicators described in subsection (a).
PART 2--HIGH-DEMAND CAREERS
SEC. 24401. GRANTS FOR ACCESS TO HIGH-DEMAND CAREERS.
(a) Purpose.--The purpose of this section is to expand student
access to, and participation in, new industry-led earn-and-learn
programs leading to high-wage, high-skill, and high-demand careers.
(b) Authorization of Apprenticeship Grant Program.--
(1) In general.--From the amounts provided under this
title, the Secretary shall award grants, on a competitive
basis, to eligible partnerships for the purpose described in
subsection (a).
(2) Duration.--The Secretary shall award grants under this
section for a period of--
(A) not less than 1 year; and
(B) not more than 4 years.
(3) Limitations.--
(A) Number of awards.--An eligible partnership or
member of such partnership may not be awarded more than
one grant under this section.
(B) Administration costs.--An eligible partnership
awarded a grant under this section may not use more
than 5 percent of the grant funds to pay administrative
costs associated with activities funded by the grant.
(c) Matching Funds.--To receive a grant under this section, an
eligible partnership shall, through cash or in-kind contributions,
provide matching funds from non-Federal sources in an amount equal to
or greater than 50 percent of the amount of such grant.
(d) Applications.--
(1) In general.--To receive a grant under this section, an
eligible partnership shall submit to the Secretary at such a
time as the Secretary may require, an application that--
(A) identifies and designates the business or
institution of higher education responsible for the
administration and supervision of the earn-and-learn
program for which such grant funds would be used;
(B) identifies the businesses and institutions of
higher education that comprise the eligible
partnership;
(C) identifies the source and amount of the
matching funds required under subsection (c);
(D) identifies the number of students who will
participate and complete the relevant earn-and-learn
program within 1 year of the expiration of the grant;
(E) identifies the amount of time, not to exceed 2
years, required for students to complete the program;
(F) identifies the relevant recognized
postsecondary credential to be awarded to students who
complete the program;
(G) identifies the anticipated earnings of
students--
(i) 1 year after program completion; and
(ii) 3 years after program completion;
(H) describes the specific project for which the
application is submitted, including a summary of the
relevant classroom and paid structured on-the-job
training students will receive;
(I) describes how the eligible partnership will
finance the program after the end of the grant period;
(J) describes how the eligible partnership will
support the collection of information and data for
purposes of the program evaluation required under
subsection (e); and
(K) describes the alignment of the program with
State identified in-demand industry sectors.
(e) Evaluation.--
(1) In general.--From the amounts provided under this
title, the Secretary shall provide for the independent
evaluation of the grant program established under this section
that includes the following:
(A) The number of eligible individuals who
participated in programs assisted under this section.
(B) The percentage of program participants who are
in unsubsidized employment during the second quarter
after exit from the program.
(C) The percentage of program participants who are
in unsubsidized employment during the fourth quarter
after exit from the program.
(D) The median earnings of program participants who
are in unsubsidized employment during the second
quarter after exit from the program.
(E) The percentage of program participants who
obtain a recognized postsecondary credential during
participation in the program.
(2) Publication.--The evaluation required by this
subsection shall be made publicly available on the website of
the Department.
(f) Definitions.--In this section:
(1) Earn-and-learn program.--The term ``earn-and-learn
program'' means an education program, including an
apprenticeship program, that provides students with structured,
sustained, and paid on-the-job training and accompanying, for
credit, classroom instruction that--
(A) is for a period of between 3 months and 2
years; and
(B) leads to, on completion of the program, a
recognized postsecondary credential.
(2) Eligible partnership.--The term ``eligible
partnership'' shall mean a consortium that includes--
(A) 1 or more businesses; and
(B) 1 or more institutions of higher education.
(3) In-demand industry sector or occupation.--The term
``in-demand industry sector or occupation'' has the meaning
given the term in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
(4) On-the-job training.--The term ``on-the-job training''
has the meaning given the term in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102).
(5) Recognized postsecondary credential.--The term
``recognized postsecondary credential'' has the meaning given
the term in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
DIVISION C--IMPROVING SEASONAL GUEST WORKER OPPORTUNITIES
SEC. 31001. SHORT TITLE.
This division may be cited as the ``H-2B Returning Worker Exception
Act''.
SEC. 31002. DEFINITIONS.
For purposes of this division:
(1) The term ``H-2B'', when used with respect to a worker
or other individual, refers an alien admitted or provided
status as a nonimmigrant described in section
101(a)(15)H)(ii)(b) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(H)(ii)(b)). Such term, when used with
respect to a petition, procedure, process, program, or visa,
refers to a petition, procedure, process, program, or visa
related to admission or provision of status under such section.
(2) The term ``job order'' means the document containing
the material terms and conditions of employment, including
obligations and assurances required under this division or any
other law.
(3) The term ``United States worker'' means any employee
who is--
(A) a national of the United States (as defined in
section 101(a)(22) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(22))); or
(B) an alien lawfully admitted for permanent
residence, is admitted as a refugee under section 207
of such Act (8 U.S.C. 1157), is granted asylum under
section 208 of such Act (8 U.S.C. 1158), or is an
immigrant otherwise authorized by the immigration laws
(as defined in section 101(a)(17) of such Act (8 U.S.C.
1101(a)(17))) or the Secretary of Homeland Security to
be employed.
SEC. 31003. H-2B CAP RELIEF.
(a) H-2B Numerical Limitations.--Section 214(g)(9)(A) of the
Immigration and Nationality Act (8 U.S.C. 1184(g)(9)(A)) is amended--
(1) by striking ``fiscal year 2013, 2014, or 2015'' and
inserting ``1 of the 3 preceding fiscal years''; and
(2) by striking ``fiscal year 2016'' and inserting ``a
fiscal year''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect during the fiscal year in which it is enacted.
SEC. 31004. INCREASED SANCTIONS FOR WILLFUL MISREPRESENTATION OR
FAILURE TO MEET THE REQUIREMENTS FOR PETITIONING FOR AN
H-2B WORKER.
Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184)
is amended--
(1) in subsection (c)(13)(B), by striking ``$150'' and
inserting ``$350''; and
(2) in subsection (c)(14)(A)(i), by striking ``may, in
addition to any other remedy authorized by law, impose such
administrative remedies (including civil monetary penalties in
an amount not to exceed $10,000 per violation)'' and inserting
``shall impose civil monetary penalties in an amount of not
less than $1,000 but not to exceed $10,000 per violation, in
addition to any other remedy authorized by law, and may impose
such other administrative remedies''.
SEC. 31005. REDUCTION OF PAPERWORK BURDEN.
(a) Streamlined H-2B Platform.--
(1) In general.--Not later than 12 months after the date of
the enactment of this division, the Secretary of Homeland
Security, in consultation with the Secretary of Labor, the
Secretary of State, and the Administrator of the United States
Digital Service, shall ensure the establishment of an
electronic platform through which employers may submit and
request approval of an H-2B petition. Such platform shall--
(A) serve as a single point of access for employers
to input all information and supporting documentation
required for obtaining labor certification from the
Secretary of Labor and the adjudication of the petition
by the Secretary of Homeland Security;
(B) serve as a single point of access for the
Secretary of Homeland Security, the Secretary of Labor,
the Secretary of State, and State workforce agencies
concurrently to perform their respective review and
adjudicatory responsibilities in the petition process;
(C) facilitate communication between employers and
agency adjudicators, including by allowing employers
to--
(i) receive and respond to notices of
deficiency and requests for information;
(ii) receive notices of approval and
denial; and
(iii) request reconsideration or appeal of
agency decisions; and
(D) provide information to the Secretary of State
and the Secretary of Homeland Security necessary for
the efficient and secure processing of H-2B visas and
applications for admission.
(2) Objectives.--In developing the platform described in
paragraph (1), the Secretary of Homeland Security, in
consultation with the Secretary of Labor, the Secretary of
State, and the Administrator of the United States Digital
Service, shall make an effort to streamline and improve the H-
2B process, including by--
(A) eliminating the need for employers to submit
duplicate information and documentation to multiple
agencies;
(B) reducing common petition errors, and otherwise
improving and expediting the processing of H-2B
petitions;
(C) ensuring compliance with H-2B program
requirements and the protection of the wages and
working conditions of workers; and
(D) eliminating unnecessary government waste.
(3) Enhancement of existing platform.--If the Secretary of
Homeland Security, the Secretary of Labor, the Secretary of
State, or the State workforce agencies already have an
electronic platform with respect to the H-2B process on the
date of the enactment of this division, they shall enhance it
as necessary so as to ensure that adjudication of an H-2B
petition may be conducted electronically as specified in this
section.
(b) Online Job Registry.--The Secretary of Labor shall maintain a
publicly accessible online job registry and database of all job orders
submitted by H-2B employers. The registry and database shall--
(1) be searchable using relevant criteria, including the
types of jobs needed to be filled, the dates and locations of
need, and the employers named in the job order;
(2) provide an interface for workers in English, Spanish,
and any other language that the Secretary of Labor determines
to be appropriate; and
(3) provide for public access of job order certifications.
SEC. 31006. WORKPLACE SAFETY.
(a) Worksite Safety and Compliance Plan.--If the employer is
seeking to employ an H-2B worker pursuant to this division and the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.), the employer
shall maintain an effective worksite safety and compliance plan to
ensure safety and reduce workplace illnesses, injuries and fatalities.
Such plan shall--
(1) be in writing in English and, to the extent necessary,
any language common to a significant portion of the workers if
they are not fluent in English; and
(2) be posted at a conspicuous location at the worksite and
provided to employees prior to the commencement of labor or
services.
(b) Contents of Plan.--The Secretary of Labor shall establish by
regulation the minimum requirements for the plan described in
subsection (a). Such plan shall include measures to--
(1) protect against sexual harassment and violence, resolve
complaints involving harassment or violence, and protect
against retaliation against workers reporting harassment or
violence; and
(2) contain other provisions necessary for ensuring
workplace safety.
SEC. 31007. FOREIGN LABOR RECRUITING; PROHIBITION ON FEES.
(a) Foreign Labor Recruiting.--If an employer has engaged any
foreign labor contractor or recruiter (or any agent of such a foreign
labor contractor or recruiter) in the recruitment of H-2B workers, the
employer shall disclose the identity and geographic location of such
person or entity to the Secretary of Labor in accordance with the
regulations of the Secretary.
(b) Prohibition Against Employees Paying Fees.--Neither the
employer nor its agents shall seek or receive payment of any kind from
any worker for any activity related to the H-2B petition process,
including payment of the employer's attorneys' fees, application fees,
or recruitment costs. An employer and its agents may receive
reimbursement for costs that are the responsibility, and primarily for
the benefit, of the worker, such as government-required passport fees.
(c) Third-Party Contracts.--The employer shall contractually forbid
any foreign labor contractor or recruiter (or any agent of a foreign
labor contractor or recruiter) who the employer engages, either
directly or indirectly, in the recruitment of H-2B workers to seek or
receive payments or other compensation from prospective employees. Upon
learning that a foreign labor contractor or recruiter has collected
such payments, the employer shall terminate any contracts with the
foreign labor contractor or recruiter.
SEC. 31008. PROGRAM INTEGRITY MEASURES.
(a) Enforcement Authority.--With respect to the H-2B program, the
Secretary of Labor is authorized to take such actions against
employers, including imposing appropriate penalties and seeking
monetary and injunctive relief and specific performance of contractual
obligations, as may be necessary to ensure compliance with--
(1) the requirements of this division and the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.); and
(2) the applicable terms and conditions of employment.
(b) Complaint Process.--
(1) Process.--With respect to the H-2B program, the
Secretary of Labor shall establish a process for the receipt,
investigation, and disposition of complaints alleging failure
of an employer to comply with--
(A) the requirements of this division and the
Immigration and Nationality Act (8 U.S.C. 1101 et
seq.); and
(B) the applicable terms and conditions of
employment.
(2) Filing.--Any aggrieved person or organization,
including a bargaining representative, may file a complaint
referred to in paragraph (1) not later than 2 years after the
date of the conduct that is the subject of the complaint.
(3) Complaint not exclusive.--A complaint filed under this
subsection is not an exclusive remedy and the filing of such a
complaint does not waive any rights or remedies of the
aggrieved party under this law or other laws.
(4) Decision and remedies.--If the Secretary of Labor
finds, after notice and opportunity for a hearing, that the
employer failed to comply with the requirements of this
division, the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.), or the terms and conditions of employment, the Secretary
of Labor shall require payment of unpaid wages, unpaid
benefits, damages, and civil money penalties. The Secretary is
also authorized to impose other administrative remedies,
including disqualification of the employer from utilizing the
H-2B program for a period of up to 5 years in the event of
willful or multiple material violations. The Secretary is
authorized to permanently disqualify an employer from utilizing
the H-2B program upon a subsequent finding involving willful or
multiple material violations.
(5) Disposition of penalties.--To the extent provided in
advance in appropriations Acts, civil penalties collected under
this subsection shall be used by the Secretary of Labor for the
administration and enforcement of the provisions of this
section.
(6) Statutory construction.--Nothing in this subsection may
be construed as limiting the authority of the Secretary of
Labor to conduct an investigation in the absence of a
complaint.
(7) Retaliation prohibited.--It is a violation of this
subsection for any person to intimidate, threaten, restrain,
coerce, blacklist, discharge, or in any other manner
discriminate against, or to cause any person to intimidate,
threaten, restrain, coerce, blacklist, or in any manner
discriminate against, an employee, including a former employee
or an applicant for employment, because the employee--
(A) has disclosed information to the employer, or
to any other person, that the employee reasonably
believes evidences a violation of the immigration laws
relating to the H-2B program, or any rule or regulation
relating to such program;
(B) has filed a complaint concerning the employer's
compliance with the immigration laws relating to the H-
2B program, or any rule or regulation relating to such
program;
(C) cooperates or seeks to cooperate in an
investigation or other proceeding concerning the
employer's compliance with the immigration laws
relating to the H-2B program, or any rule or regulation
relating to such program; or
(D) has taken steps to exercise or assert any right
or protection under the provisions of this section, or
any rule or regulation pertaining to this section, or
any other relevant Federal, State, or local law.
(c) Interagency Communication.--The Secretary of Labor, in
consultation with the Secretary of Homeland Security, the Secretary of
State and the Equal Employment Opportunity Commission, shall establish
mechanisms by which the agencies and their components share
information, including by public electronic means, regarding
complaints, studies, investigations, findings and remedies regarding
compliance by employers with the requirements of the H-2B program and
other employment-related laws and regulations.
SEC. 31009. PROGRAM ELIGIBILITY.
(a) In General.--A petition filed by an employer under subsection
(c)(1) initially to grant an alien nonimmigrant status under section
101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)(b)), or to extend or change to such status, may be
approved only for nationals of countries that the Secretary of Homeland
Security has designated as participating countries, with the
concurrence of the Secretary of State, in a notice published in the
Federal Register, taking into account for each such country factors,
including--
(1) the fraud rate relating to petitions under section
101(a)(15)(H)(ii) of such Act (8 U.S.C. 1101(a)(15)(H)(ii))
filed for by nationals of the country and visa applications
under such section filed by nationals of the country;
(2) the denial rate of visa applications under such section
101(a)(15)(H)(ii) filed by nationals of the country;
(3) the overstay rate of nationals of the country who were
admitted to the United States under such section
101(a)(15)(H)(ii);
(4) the number of nationals of the country who were
admitted to the United States under such section
101(a)(15)(H)(ii) and who were reported by their employers to--
(A) have failed to report to work within 5 workdays
of the employment start date on the petition or within
5 workdays of the date on which the worker is admitted
into the United States pursuant to the petition,
whichever is later; or
(B) have not reported for work for a period of 5
consecutive workdays without the consent of the
employer;
(5) the number of final and unexecuted orders of removal
against citizens, subjects, nationals, and residents of the
country; and
(6) such other factors as may serve the United States
interest.
(b) Limitation.--A country may not be included on the list
described in subsection (a) if the country denies or unreasonably
delays the repatriation of aliens who are subject to a final order of
removal and who are citizens, subjects, nationals or residents of that
country.
(c) Statistics.--The Secretary of Homeland Security shall include
in the notice described in subsection (a), for each country included in
the list of participating countries, the statistics referenced in
paragraphs (1) through (5) of that subsection, if available, for the
immediately preceding fiscal year.
(d) National From a Country Not on the List.--A national from a
country not on the list described in subsection (a) may be a
beneficiary of an approved petition under such section
101(a)(15)(H)(ii) upon the request of a petitioner or potential
petitioner, if the Secretary of Homeland Security, in his sole and
unreviewable discretion, determines that it is in the United States
interest for that alien to be a beneficiary of such petition.
Determination of such a United States interest will take into account
factors, including but not limited to--
(1) evidence from the petitioner demonstrating that a
worker with the required skills is not available from among
foreign workers from a country currently on the list described
in subsection (a);
(2) evidence that the beneficiary has been admitted to the
United States previously in status under such section
101(a)(15)(H)(ii);
(3) the potential for abuse, fraud, or other harm to the
integrity of the visa program under such section
101(a)(15)(H)(ii) through the potential admission of a
beneficiary from a country not currently on the list; and
(4) such other factors as may serve the United States
interest.
(e) Duration.--Once published, any designation of participating
countries pursuant to subsection (a) shall be effective for one year
after the date of publication in the Federal Register and shall be
without effect at the end of that one-year period.
SEC. 31010. H-2B EMPLOYER NOTIFICATION REQUIREMENT.
(a) In General.--An employer of one or more H-2B workers shall,
within three business days, make electronic notification, in the manner
prescribed by the Secretary of Homeland Security, of the following
events:
(1) Such a worker fails to report to work within 5 workdays
of the employment start date on the petition or within 5
workdays of the date on which the worker is admitted into the
United States pursuant to the petition, whichever is later.
(2) The labor or services for which such a worker was hired
is completed more than 30 days earlier than the employment end
date stated on the petition.
(3) The employment of such a worker is terminated prior to
the completion of labor or services for which he or she was
hired.
(4) Such a worker has not reported for work for a period of
5 consecutive workdays without the consent of the employer.
(b) Evidence.--An employer shall retain evidence of a notification
described in subsection (a) and make it available for inspection by
officers of the Department of Homeland Security for a 1-year period
beginning on the date of the notification.
(c) Penalty.--The Secretary shall impose civil monetary penalties,
in an amount not less than $500 per violation and not to exceed $1,000
per violation, as the Secretary determines to be appropriate, for each
instance where the employer cannot demonstrate that it has complied
with the notification requirements, unless, in the case of an untimely
notification, the employer demonstrates with such notification that
good cause existed for the untimely notification, and the Secretary of
Homeland Security, in the Secretary's discretion, waives such penalty.
(d) Process.--If the Secretary has determined that an employer has
violated the notification requirements in subsection (a), the employer
shall be given written notice and 30 days to reply before being given
written notice of the assessment of the penalty.
(e) Failure To Pay Penalty.--If a penalty described in subsection
(c) is not paid within 10 days of assessment, no nonimmigrant or
immigrant petition may be processed for that employer, nor may that
employer continue to employ nonimmigrants, until such penalty is paid.
SEC. 31011. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for fiscal year 2024 and
each fiscal year thereafter such sums as may be necessary for the
purposes of--
(1) recruiting United States workers for labor or services
which might otherwise be performed by H-2B workers, including
by ensuring that State workforce agencies are sufficiently
funded to fulfill their functions under the H-2B program;
(2) enabling the Secretary of Labor to make determinations
and certifications under the H-2B program in accordance with
this division and the Immigration and Nationality Act (8 U.S.C.
1101 et seq.), including the operation of the publicly
accessible online job registry and database of job orders
described in section 1005(b) of this division; and
(3) monitoring the terms and conditions under which H-2B
workers (and United States workers employed by the same
employers) are employed in the United States.
DIVISION D--AMERICAN AGRICULTURE DOMINANCE ACT
SEC. 41001. SHORT TITLE.
This Act may be cited as the ``American Agriculture Dominance
Act''.
TITLE I--SECURING THE DOMESTIC AGRICULTURAL WORKFORCE
Subtitle A--Status for Certified Agricultural Workers
SEC. 41101. CERTIFIED AGRICULTURAL WORKER STATUS.
(a) Requirements for Certified Agricultural Worker Status.--
(1) Principal aliens.--The Secretary may grant certified
agricultural worker status to an alien who submits a completed
application, including the required processing fees, before the
end of the period set forth in subsection (c) and who--
(A) performed agricultural labor or services in the
United States for at least 1,035 hours (or 180
workdays) during the 2-year period preceding the date
of the introduction of this Act;
(B) on the date of the introduction of this Act--
(i) is inadmissible or deportable from the
United States; or
(ii) is under a grant of deferred enforced
departure or has temporary protected status
under section 244 of the Immigration and
Nationality Act;
(C) subject to section 104, has been continuously
present in the United States since the date of the
introduction of this Act and until the date on which
the alien is granted certified agricultural worker
status; and
(D) is not otherwise ineligible for certified
agricultural worker status as provided in subsection
(b).
(2) Dependent spouse and children.--The Secretary may grant
certified agricultural dependent status to the spouse or child
of an alien granted certified agricultural worker status under
paragraph (1) if the spouse or child is not ineligible for
certified agricultural dependent status as provided in
subsection (b).
(b) Grounds for Ineligibility.--
(1) Grounds of inadmissibility.--Except as provided in
paragraph (3), an alien is ineligible for certified
agricultural worker or certified agricultural dependent status
if the Secretary determines that the alien is inadmissible
under section 212(a) of the Immigration and Nationality Act (8
U.S.C. 1182(a)), except that in determining inadmissibility--
(A) paragraphs (4), (5), (7), and (9)(B) of such
section shall not apply;
(B) subparagraphs (A), (C), (D), (F), and (G) of
such section 212(a)(6) and paragraphs (9)(C) and
(10)(B) of such section 212(a) shall not apply unless
based on the act of unlawfully entering the United
States after the date of introduction of this Act; and
(C) paragraphs (6)(B) and (9)(A) of such section
212(a) shall not apply unless the relevant conduct
began on or after the date of filing of the application
for certified agricultural worker status.
(2) Additional criminal bars.--Except as provided in
paragraph (3), an alien is ineligible for certified
agricultural worker or certified agricultural dependent status
if the Secretary determines that, excluding any offense under
State law for which an essential element is the alien's
immigration status and any minor traffic offense, the alien has
been convicted of--
(A) any felony offense;
(B) an aggravated felony (as defined in section
101(a)(43) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(43)) at the time of the conviction);
(C) two misdemeanor offenses involving moral
turpitude, as described in section 212(a)(2)(A)(i)(I)
of the Immigration and Nationality Act (8 U.S.C.
1182(a)(2)(A)(i)(I)), unless an offense is waived by
the Secretary under paragraph (3)(B); or
(D) three or more misdemeanor offenses not
occurring on the same date, and not arising out of the
same act, omission, or scheme of misconduct.
(3) Waivers for certain grounds of inadmissibility.--For
humanitarian purposes, family unity, or if otherwise in the
public interest, the Secretary may waive the grounds of
inadmissibility under--
(A) paragraph (1), (6)(E), or (10)(D) of section
212(a) of the Immigration and Nationality Act (8 U.S.C.
1182(a)); or
(B) subparagraphs (A) and (D) of section 212(a)(2)
of the Immigration and Nationality Act (8 U.S.C.
1182(a)(2)), unless inadmissibility is based on a
conviction that would otherwise render the alien
ineligible under subparagraph (A), (B), or (D) of
paragraph (2).
(c) Application.--
(1) Application period.--Except as provided in paragraph
(2), the Secretary shall accept initial applications for
certified agricultural worker status during the 18-month period
beginning on the date on which the interim final rule is
published in the Federal Register pursuant to section 122(a).
(2) Extension.--If the Secretary determines, during the
initial period described in paragraph (1), that additional time
is required to process initial applications for certified
agricultural worker status or for other good cause, the
Secretary may extend the period for accepting applications for
up to an additional 12 months.
(3) Submission of applications.--
(A) In general.--An alien may file an application
with the Secretary under this section with the
assistance of an attorney or a nonprofit religious,
charitable, social service, or similar organization
recognized by the Board of Immigration Appeals under
section 292.2 of title 8, Code of Federal Regulations.
The Secretary shall also create a procedure for
accepting applications filed by qualified designated
entities with the consent of the applicant.
(B) Farm service agency offices.--The Secretary, in
consultation with the Secretary of Agriculture, shall
establish a process for the filing of applications
under this section at Farm Service Agency offices
throughout the United States.
(4) Evidence of application filing.--As soon as practicable
after receiving an application for certified agricultural
worker status, the Secretary shall provide the applicant with a
document acknowledging the receipt of such application. Such
document shall serve as interim proof of the alien's
authorization to accept employment in the United States and
shall be accepted by an employer as evidence of employment
authorization under section 274A(b)(1)(C) of the Immigration
and Nationality Act (8 U.S.C. 1324a(b)(1)(C)), if the employer
is employing the holder of such document to perform
agricultural labor or services, pending a final administrative
decision on the application.
(5) Effect of pending application.--During the period
beginning on the date on which an alien applies for certified
agricultural worker status under this subtitle, and ending on
the date on which the Secretary makes a final administrative
decision regarding such application, the alien and any
dependents included in the application--
(A) may apply for advance parole, which shall be
granted upon demonstrating a legitimate need to travel
outside the United States for a temporary purpose;
(B) may not be detained by the Secretary or removed
from the United States unless the Secretary makes a
prima facie determination that such alien is, or has
become, ineligible for certified agricultural worker
status;
(C) may not be considered unlawfully present under
section 212(a)(9)(B) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)(9)(B)); and
(D) may not be considered an unauthorized alien (as
defined in section 274A(h)(3) of the Immigration and
Nationality Act (8 U.S.C. 1324a(h)(3))).
(6) Withdrawal of application.--The Secretary shall, upon
receipt of a request from the applicant to withdraw an
application for certified agricultural worker status under this
subtitle, cease processing of the application, and close the
case. Withdrawal of the application shall not prejudice any
future application filed by the applicant for any immigration
benefit under this Act or under the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.).
(d) Adjudication and Decision.--
(1) In general.--Subject to section 123, the Secretary
shall render a decision on an application for certified
agricultural worker status not later than 180 days after the
date the application is filed.
(2) Notice.--Prior to denying an application for certified
agricultural worker status, the Secretary shall provide the
alien with--
(A) written notice that describes the basis for
ineligibility or the deficiencies in the evidence
submitted; and
(B) at least 90 days to contest ineligibility or
submit additional evidence.
(3) Amended application.--An alien whose application for
certified agricultural worker status is denied under this
section may submit an amended application for such status to
the Secretary if the amended application is submitted within
the application period described in subsection (c) and contains
all the required information and fees that were missing from
the initial application.
(e) Alternative H-2A Status.--An alien who has not met the required
period of agricultural labor or services under subsection (a)(1)(A),
but is otherwise eligible for certified agricultural worker status
under such subsection, shall be eligible for classification as a
nonimmigrant described in section 101(a)(15)(H)(ii)(a) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) upon
approval of a petition submitted by a sponsoring employer, if the alien
has performed at least 575 hours (or 100 workdays) of agricultural
labor or services during the 3-year period preceding the date of the
introduction of this Act. The Secretary shall create a procedure to
provide for such classification without requiring the alien to depart
the United States and obtain a visa abroad.
SEC. 41102. TERMS AND CONDITIONS OF CERTIFIED STATUS.
(a) In General.--
(1) Approval.--Upon approval of an application for
certified agricultural worker status, or an extension of such
status pursuant to section 103, the Secretary shall issue--
(A) documentary evidence of such status to the
applicant; and
(B) documentary evidence of certified agricultural
dependent status to any qualified dependent included on
such application.
(2) Documentary evidence.--In addition to any other
features and information as the Secretary may prescribe, the
documentary evidence described in paragraph (1)--
(A) shall be machine-readable and tamper-resistant;
(B) shall contain a digitized photograph;
(C) shall serve as a valid travel and entry
document for purposes of applying for admission to the
United States; and
(D) shall be accepted during the period of its
validity by an employer as evidence of employment
authorization and identity under section 274A(b)(1)(B)
of the Immigration and Nationality Act (8 U.S.C.
1324a(b)(1)(B)).
(3) Validity period.--Certified agricultural worker and
certified agricultural dependent status shall be valid for 5\1/
2\ years beginning on the date of approval.
(4) Travel authorization.--An alien with certified
agricultural worker or certified agricultural dependent status
may--
(A) travel within and outside of the United States,
including commuting to the United States from a
residence in a foreign country; and
(B) be admitted to the United States upon return
from travel abroad without first obtaining a visa if
the alien is in possession of--
(i) valid, unexpired documentary evidence
of certified agricultural worker or certified
agricultural worker dependent status as
described in subsection (a); or
(ii) a travel document that has been
approved by the Secretary and was issued to the
alien after the alien's original documentary
evidence was lost, stolen, or destroyed.
(b) Ability To Change Status.--
(1) Change to certified agricultural worker status.--
Notwithstanding section 101(a), an alien with valid certified
agricultural dependent status may apply to change to certified
agricultural worker status, at any time, if the alien--
(A) submits a completed application, including the
required processing fees; and
(B) is not ineligible for certified agricultural
worker status under section 101(b).
(2) Clarification.--Nothing in this title prohibits an
alien granted certified agricultural worker or certified
agricultural dependent status from changing status to any other
nonimmigrant classification for which the alien may be
eligible.
(c) Prohibition on Public Benefits, Tax Benefits, and Health Care
Subsidies.--Aliens granted certified agricultural worker or certified
agricultural dependent status shall be considered lawfully present in
the United States for all purposes for the duration of their status,
except that such aliens--
(1) shall be ineligible for Federal means-tested public
benefits to the same extent as other individuals who are not
qualified aliens under section 431 of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996
(8 U.S.C. 1641);
(2) are not entitled to the premium assistance tax credit
authorized under section 36B of the Internal Revenue Code of
1986 (26 U.S.C. 36B), and shall be subject to the rules
applicable to individuals who are not lawfully present set
forth in subsection (e) of such section;
(3) shall be subject to the rules applicable to individuals
who are not lawfully present set forth in section 1402(e) of
the Patient Protection and Affordable Care Act (42 U.S.C.
18071(e)); and
(4) shall be subject to the rules applicable to individuals
not lawfully present set forth in section 5000A(d)(3) of the
Internal Revenue Code of 1986 (26 U.S.C. 5000A(d)(3)).
(d) Revocation of Status.--
(1) In general.--The Secretary may revoke certified
agricultural worker or certified agricultural dependent status
if, after providing notice to the alien and the opportunity to
provide evidence to contest the proposed revocation, the
Secretary determines that the alien no longer meets the
eligibility requirements for such status under section 101(b).
(2) Invalidation of documentation.--Upon the Secretary's
final determination to revoke an alien's certified agricultural
worker or certified agricultural dependent status, any
documentation issued by the Secretary to such alien under
subsection (a) shall automatically be rendered invalid for any
purpose except for departure from the United States.
SEC. 41103. EXTENSIONS OF CERTIFIED STATUS.
(a) Requirements for Extensions of Status.--
(1) Principal aliens.--The Secretary may extend certified
agricultural worker status for additional periods of 5\1/2\
years to an alien who submits a completed application,
including the required processing fees, within the 120-day
period beginning 60 days before the expiration of the fifth
year of the immediately preceding grant of certified
agricultural worker status, if the alien--
(A) except as provided in section 126(c), has
performed agricultural labor or services in the United
States for at least 575 hours (or 100 workdays) for
each of the prior 5 years in which the alien held
certified agricultural worker status; and
(B) has not become ineligible for certified
agricultural worker status under section 101(b).
(2) Dependent spouse and children.--The Secretary may grant
or extend certified agricultural dependent status to the spouse
or child of an alien granted an extension of certified
agricultural worker status under paragraph (1) if the spouse or
child is not ineligible for certified agricultural dependent
status under section 101(b).
(3) Waiver for late filings.--The Secretary may waive an
alien's failure to timely file before the expiration of the
120-day period described in paragraph (1) if the alien
demonstrates that the delay was due to extraordinary
circumstances beyond the alien's control or for other good
cause.
(b) Status for Workers With Pending Applications.--
(1) In general.--Certified agricultural worker status of an
alien who timely files an application to extend such status
under subsection (a) (and the status of the alien's dependents)
shall be automatically extended through the date on which the
Secretary makes a final administrative decision regarding such
application.
(2) Documentation of employment authorization.--As soon as
practicable after receipt of an application to extend certified
agricultural worker status under subsection (a), the Secretary
shall issue a document to the alien acknowledging the receipt
of such application. An employer of the worker may not refuse
to accept such document as evidence of employment authorization
under section 274A(b)(1)(C) of the Immigration and Nationality
Act (8 U.S.C. 1324a(b)(1)(C)), pending a final administrative
decision on the application.
(c) Notice.--Prior to denying an application to extend certified
agricultural worker status, the Secretary shall provide the alien
with--
(1) written notice that describes the basis for
ineligibility or the deficiencies of the evidence submitted;
and
(2) at least 90 days to contest ineligibility or submit
additional evidence.
SEC. 41104. DETERMINATION OF CONTINUOUS PRESENCE.
(a) Effect of Notice To Appear.--The continuous presence in the
United States of an applicant for certified agricultural worker status
under section 101 shall not terminate when the alien is served a notice
to appear under section 239(a) of the Immigration and Nationality Act
(8 U.S.C. 1229(a)).
(b) Treatment of Certain Breaks in Presence.--
(1) In general.--Except as provided in paragraphs (2) and
(3), an alien shall be considered to have failed to maintain
continuous presence in the United States under this subtitle if
the alien departed the United States for any period exceeding
90 days, or for any periods, in the aggregate, exceeding 180
days.
(2) Extensions for extenuating circumstances.--The
Secretary may extend the time periods described in paragraph
(1) for an alien who demonstrates that the failure to timely
return to the United States was due to extenuating
circumstances beyond the alien's control, including the serious
illness of the alien, or death or serious illness of a spouse,
parent, son or daughter, grandparent, or sibling of the alien.
(3) Travel authorized by the secretary.--Any period of
travel outside of the United States by an alien that was
authorized by the Secretary shall not be counted toward any
period of departure from the United States under paragraph (1).
SEC. 41105. EMPLOYER OBLIGATIONS.
(a) Record of Employment.--An employer of an alien in certified
agricultural worker status shall provide such alien with a written
record of employment each year during which the alien provides
agricultural labor or services to such employer as a certified
agricultural worker.
(b) Civil Penalties.--
(1) In general.--If the Secretary determines, after notice
and an opportunity for a hearing, that an employer of an alien
with certified agricultural worker status has knowingly failed
to provide the record of employment required under subsection
(a), or has provided a false statement of material fact in such
a record, the employer shall be subject to a civil penalty in
an amount not to exceed $500 per violation.
(2) Limitation.--The penalty under paragraph (1) for
failure to provide employment records shall not apply unless
the alien has provided the employer with evidence of employment
authorization described in section 102 or 103.
(3) Deposit of civil penalties.--Civil penalties collected
under this paragraph shall be deposited into the Immigration
Examinations Fee Account under section 286(m) of the
Immigration and Nationality Act (8 U.S.C. 1356(m)).
SEC. 41106. ADMINISTRATIVE AND JUDICIAL REVIEW.
(a) Administrative Review.--The Secretary shall establish a process
by which an applicant may seek administrative review of a denial of an
application for certified agricultural worker status under this
subtitle, an application to extend such status, or a revocation of such
status.
(b) Admissibility in Immigration Court.--Each record of an alien's
application for certified agricultural worker status under this
subtitle, application to extend such status, revocation of such status,
and each record created pursuant to the administrative review process
under subsection (a) is admissible in immigration court, and shall be
included in the administrative record.
(c) Judicial Review.--Notwithstanding any other provision of law,
judicial review of the Secretary's decision to deny an application for
certified agricultural worker status, an application to extend such
status, or the decision to revoke such status, shall be limited to the
review of an order of removal under section 242 of the Immigration and
Nationality Act (8 U.S.C. 1252).
Subtitle B--Optional Earned Residence for Long-Term Workers
SEC. 41201. OPTIONAL ADJUSTMENT OF STATUS FOR LONG-TERM AGRICULTURAL
WORKERS.
(a) Requirements for Adjustment of Status.--
(1) Principal aliens.--The Secretary may adjust the status
of an alien from that of a certified agricultural worker to
that of a lawful permanent resident if the alien submits a
completed application, including the required processing and
penalty fees, and the Secretary determines that--
(A) except as provided in section 126(c), the alien
performed agricultural labor or services for not less
than 575 hours (or 100 workdays) each year--
(i) for at least 10 years prior to the date
of the enactment of this Act and for at least 4
years in certified agricultural worker status;
or
(ii) for fewer than 10 years prior to the
date of the enactment of this Act and for at
least 8 years in certified agricultural worker
status; and
(B) the alien has not become ineligible for
certified agricultural worker status under section
101(b).
(2) Dependent aliens.--
(A) In general.--The spouse and each child of an
alien described in paragraph (1) whose status has been
adjusted to that of a lawful permanent resident may be
granted lawful permanent residence under this subtitle
if--
(i) the qualifying relationship to the
principal alien existed on the date on which
such alien was granted adjustment of status
under this subtitle; and
(ii) the spouse or child is not ineligible
for certified agricultural worker dependent
status under section 101(b).
(B) Protections for spouses and children.--The
Secretary of Homeland Security shall establish
procedures to allow the spouse or child of a certified
agricultural worker to self-petition for lawful
permanent residence under this subtitle in cases
involving--
(i) the death of the certified agricultural
worker, so long as the spouse or child submits
a petition not later than 2 years after the
date of the worker's death; or
(ii) the spouse or a child being battered
or subjected to extreme cruelty by the
certified agricultural worker.
(3) Documentation of work history.--An applicant for
adjustment of status under this section shall not be required
to resubmit evidence of work history that has been previously
submitted to the Secretary in connection with an approved
extension of certified agricultural worker status.
(b) Penalty Fee.--In addition to any processing fee that the
Secretary may assess in accordance with section 122(b), a principal
alien seeking adjustment of status under this subtitle shall pay a
$1,000 penalty fee, which shall be deposited into the Immigration
Examinations Fee Account pursuant to section 286(m) of the Immigration
and Nationality Act (8 U.S.C. 1356(m)).
(c) Effect of Pending Application.--During the period beginning on
the date on which an alien applies for adjustment of status under this
subtitle, and ending on the date on which the Secretary makes a final
administrative decision regarding such application, the alien and any
dependents included on the application--
(1) may apply for advance parole, which shall be granted
upon demonstrating a legitimate need to travel outside the
United States for a temporary purpose;
(2) may not be detained by the Secretary or removed from
the United States unless the Secretary makes a prima facie
determination that such alien is, or has become, ineligible for
adjustment of status under subsection (a);
(3) may not be considered unlawfully present under section
212(a)(9)(B) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(9)(B)); and
(4) may not be considered an unauthorized alien (as defined
in section 274A(h)(3) of the Immigration and Nationality Act (8
U.S.C. 1324a(h)(3))).
(d) Evidence of Application Filing.--As soon as practicable after
receiving an application for adjustment of status under this subtitle,
the Secretary shall provide the applicant with a document acknowledging
the receipt of such application. Such document shall serve as interim
proof of the alien's authorization to accept employment in the United
States and shall be accepted by an employer as evidence of employment
authorization under section 274A(b)(1)(C) of the Immigration and
Nationality Act (8 U.S.C. 1324a(b)(1)(C)), pending a final
administrative decision on the application.
(e) Withdrawal of Application.--The Secretary shall, upon receipt
of a request to withdraw an application for adjustment of status under
this subtitle, cease processing of the application, and close the case.
Withdrawal of the application shall not prejudice any future
application filed by the applicant for any immigration benefit under
this Act or under the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.).
SEC. 41202. PAYMENT OF TAXES.
(a) In General.--An alien may not be granted adjustment of status
under this subtitle unless the applicant has satisfied any applicable
Federal tax liability.
(b) Compliance.--An alien may demonstrate compliance with
subsection (a) by submitting such documentation as the Secretary, in
consultation with the Secretary of the Treasury, may require by
regulation.
SEC. 41203. ADJUDICATION AND DECISION; REVIEW.
(a) In General.--Subject to the requirements of section 123, the
Secretary shall render a decision on an application for adjustment of
status under this subtitle not later than 180 days after the date on
which the application is filed.
(b) Notice.--Prior to denying an application for adjustment of
status under this subtitle, the Secretary shall provide the alien
with--
(1) written notice that describes the basis for
ineligibility or the deficiencies of the evidence submitted;
and
(2) at least 90 days to contest ineligibility or submit
additional evidence.
(c) Administrative Review.--The Secretary shall establish a process
by which an applicant may seek administrative review of a denial of an
application for adjustment of status under this subtitle.
(d) Judicial Review.--Notwithstanding any other provision of law,
an alien may seek judicial review of a denial of an application for
adjustment of status under this title in an appropriate United States
district court.
Subtitle C--General Provisions
SEC. 41301. DEFINITIONS.
In this title:
(1) In general.--Except as otherwise provided, any term
used in this title that is used in the immigration laws shall
have the meaning given such term in the immigration laws (as
such term is defined in section 101 of the Immigration and
Nationality Act (8 U.S.C. 1101)).
(2) Agricultural labor or services.--The term
``agricultural labor or services'' has the meaning given such
term in section 101(a)(53) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(53)).
(3) Applicable federal tax liability.--The term
``applicable Federal tax liability'' means all Federal income
taxes assessed in accordance with section 6203 of the Internal
Revenue Code of 1986 beginning on the date on which the
applicant was authorized to work in the United States as a
certified agricultural worker.
(4) Appropriate united states district court.--The term
``appropriate United States district court'' means the United
States District Court for the District of Columbia or the
United States district court with jurisdiction over the alien's
principal place of residence.
(5) Child.--The term ``child'' has the meaning given such
term in section 101(b)(1) of the Immigration and Nationality
Act (8 U.S.C. 1101(b)(1)).
(6) Convicted or conviction.--The term ``convicted'' or
``conviction'' does not include a judgment that has been
expunged or set aside, that resulted in a rehabilitative
disposition, or the equivalent.
(7) Employer.--The term ``employer'' means any person or
entity, including any labor contractor or any agricultural
association, that employs workers in agricultural labor or
services.
(8) Qualified designated entity.--The term ``qualified
designated entity'' means--
(A) a qualified farm labor organization or an
association of employers designated by the Secretary;
or
(B) any other entity that the Secretary designates
as having substantial experience, demonstrated
competence, and a history of long-term involvement in
the preparation and submission of application for
adjustment of status under title II of the Immigration
and Nationality Act (8 U.S.C. 1151 et seq.).
(9) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(10) Workday.--The term ``workday'' means any day in which
the individual is employed 5.75 or more hours in agricultural
labor or services.
SEC. 41302. RULEMAKING; FEES.
(a) Rulemaking.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall publish in the Federal
Register, an interim final rule implementing this title.
Notwithstanding section 553 of title 5, United States Code, the rule
shall be effective, on an interim basis, immediately upon publication,
but may be subject to change and revision after public notice and
opportunity for comment. The Secretary shall finalize such rule not
later than 1 year after the date of the enactment of this Act.
(b) Fees.--
(1) In general.--The Secretary may require an alien
applying for any benefit under this title to pay a reasonable
fee that is commensurate with the cost of processing the
application.
(2) Fee waiver; installments.--
(A) In general.--The Secretary shall establish
procedures to allow an alien to--
(i) request a waiver of any fee that the
Secretary may assess under this title if the
alien demonstrates to the satisfaction of the
Secretary that the alien is unable to pay the
prescribed fee; or
(ii) pay any fee or penalty that the
Secretary may assess under this title in
installments.
(B) Clarification.--Nothing in this section shall
be read to prohibit an employer from paying any fee or
penalty that the Secretary may assess under this title
on behalf of an alien and the alien's spouse or
children.
SEC. 41303. BACKGROUND CHECKS.
(a) Submission of Biometric and Biographic Data.--The Secretary may
not grant or extend certified agricultural worker or certified
agricultural dependent status under subtitle A, or grant adjustment of
status to that of a lawful permanent resident under subtitle B, unless
the alien submits biometric and biographic data, in accordance with
procedures established by the Secretary. The Secretary shall provide an
alternative procedure for aliens who cannot provide all required
biometric or biographic data because of a physical impairment.
(b) Background Checks.--The Secretary shall use biometric,
biographic, and other data that the Secretary determines appropriate to
conduct security and law enforcement background checks and to determine
whether there is any criminal, national security, or other factor that
would render the alien ineligible for status under this title. An alien
may not be granted any such status under this title unless security and
law enforcement background checks are completed to the satisfaction of
the Secretary.
SEC. 41304. PROTECTION FOR CHILDREN.
(a) In General.--Except as provided in subsection (b), for purposes
of eligibility for certified agricultural dependent status or lawful
permanent resident status under this title, a determination of whether
an alien is a child shall be made using the age of the alien on the
date on which the initial application for certified agricultural worker
status is filed with the Secretary of Homeland Security.
(b) Limitation.--Subsection (a) shall apply for no more than 10
years after the date on which the initial application for certified
agricultural worker status is filed with the Secretary of Homeland
Security.
SEC. 41305. LIMITATION ON REMOVAL.
(a) In General.--An alien who appears to be prima facie eligible
for status under this title shall be given a reasonable opportunity to
apply for such status. Such an alien may not be placed in removal
proceedings or removed from the United States until a final
administrative decision establishing ineligibility for such status is
rendered.
(b) Aliens in Removal Proceedings.--Notwithstanding any other
provision of the law, the Attorney General shall (upon motion by the
Secretary with the consent of the alien, or motion by the alien)
terminate removal proceedings, without prejudice, against an alien who
appears to be prima facie eligible for status under this title, and
provide such alien a reasonable opportunity to apply for such status.
(c) Effect of Final Order.--An alien present in the United States
who has been ordered removed or has been permitted to depart
voluntarily from the United States may, notwithstanding such order or
permission to depart, apply for status under this title. Such alien
shall not be required to file a separate motion to reopen, reconsider,
or vacate the order of removal. If the Secretary approves the
application, the Secretary shall notify the Attorney General of such
approval, and the Attorney General shall cancel the order of removal.
If the Secretary renders a final administrative decision to deny the
application, the order of removal or permission to depart shall be
effective and enforceable to the same extent as if the application had
not been made, only after all available administrative and judicial
remedies have been exhausted.
(d) Effect of Departure.--Section 101(g) of the Immigration and
Nationality Act (8 U.S.C. 1101(g)) shall not apply to an alien who
departs the United States--
(1) with advance permission to return to the United States
granted by the Secretary under this title; or
(2) after having been granted certified agricultural worker
status or lawful permanent resident status under this title.
SEC. 41306. DOCUMENTATION OF AGRICULTURAL WORK HISTORY.
(a) Burden of Proof.--An alien applying for certified agricultural
worker status under subtitle A or adjustment of status under subtitle B
has the burden of proving by a preponderance of the evidence that the
alien has worked the requisite number of hours or days required under
section 101, 103, or 111, as applicable. The Secretary shall establish
special procedures to properly credit work in cases in which an alien
was employed under an assumed name.
(b) Evidence.--An alien may meet the burden of proof under
subsection (a) by producing sufficient evidence to show the extent of
such employment as a matter of just and reasonable inference. Such
evidence may include--
(1) an annual record of certified agricultural worker
employment as described in section 105(a), or other employment
records from employers;
(2) employment records maintained by collective bargaining
associations;
(3) tax records or other government records;
(4) sworn affidavits from individuals who have direct
knowledge of the alien's work history; or
(5) any other documentation designated by the Secretary for
such purpose.
(c) Exceptions for Extraordinary Circumstances.--
(1) Impact of covid-19.--
(A) In general.--The Secretary may grant certified
agricultural worker status to an alien who is otherwise
eligible for such status if such alien is able to only
partially satisfy the requirement under section
101(a)(1)(A) as a result of reduced hours of employment
or other restrictions associated with the public health
emergency declared by the Secretary of Health and Human
Services under section 319 of the Public Health Service
Act (42 U.S.C. 247d) with respect to COVID-19.
(B) Limitation.--The exception described in
subparagraph (A) shall apply only to agricultural labor
or services required to be performed during the period
that--
(i) begins on the first day of the public
health emergency described in subparagraph (A);
and
(ii) ends 90 days after the date on which
such public health emergency terminates.
(2) Extraordinary circumstances.--In determining whether an
alien has met the requirement under section 103(a)(1)(A) or
111(a)(1)(A), the Secretary may credit the alien with not more
than 575 hours (or 100 workdays) of agricultural labor or
services in the United States if the alien was unable to
perform the required agricultural labor or services due to--
(A) pregnancy, parental leave, illness, disease,
disabling injury, or physical limitation of the alien;
(B) injury, illness, disease, or other special
needs of the alien's child or spouse;
(C) severe weather conditions that prevented the
alien from engaging in agricultural labor or services;
(D) reduced hours of employment or other
restrictions associated with the public health
emergency declared by the Secretary of Health and Human
Services under section 319 of the Public Health Service
Act (42 U.S.C. 247d) with respect to COVID-19; or
(E) termination from agricultural employment, if
the Secretary determines that--
(i) the termination was without just cause;
and
(ii) the alien was unable to find
alternative agricultural employment after a
reasonable job search.
(3) Effect of determination.--A determination under
paragraph (1)(E) shall not be conclusive, binding, or
admissible in a separate or subsequent judicial or
administrative action or proceeding between the alien and a
current or prior employer of the alien or any other party.
(4) Hardship waiver.--
(A) In general.--As part of the rulemaking
described in section 122(a), the Secretary shall
establish procedures allowing for a partial waiver of
the requirement under section 111(a)(1)(A) for a
certified agricultural worker if such worker--
(i) has continuously maintained certified
agricultural worker status since the date such
status was initially granted;
(ii) has partially completed the
requirement under section 111(a)(1)(A); and
(iii) is no longer able to engage in
agricultural labor or services safely and
effectively because of--
(I) a permanent disability suffered
while engaging in agricultural labor or
services; or
(II) deteriorating health or
physical ability combined with advanced
age.
(B) Disability.--In establishing the procedures
described in subparagraph (A), the Secretary shall
consult with the Secretary of Health and Human Services
and the Commissioner of Social Security to define
``permanent disability'' for purposes of a waiver under
subparagraph (A)(iii)(I).
SEC. 41307. EMPLOYER PROTECTIONS.
(a) Continuing Employment.--An employer that continues to employ an
alien knowing that the alien intends to apply for certified
agricultural worker status under subtitle A shall not violate section
274A(a)(2) of the Immigration and Nationality Act (8 U.S.C.
1324a(a)(2)) by continuing to employ the alien for the duration of the
application period under section 101(c), and with respect to an alien
who applies for certified agricultural status, for the duration of the
period during which the alien's application is pending final
determination.
(b) Use of Employment Records.--Copies of employment records or
other evidence of employment provided by an alien or by an alien's
employer in support of an alien's application for certified
agricultural worker or adjustment of status under this title may not be
used in a civil or criminal prosecution or investigation of that
employer under section 274A of the Immigration and Nationality Act (8
U.S.C. 1324a) or the Internal Revenue Code of 1986 for the prior
unlawful employment of that alien regardless of the outcome of such
application.
(c) Additional Protections.--Employers that provide unauthorized
aliens with copies of employment records or other evidence of
employment in support of an application for certified agricultural
worker status or adjustment of status under this title shall not be
subject to civil and criminal liability pursuant to such section 274A
for employing such unauthorized aliens. Records or other evidence of
employment provided by employers in response to a request for such
records for the purpose of establishing eligibility for status under
this title may not be used for any purpose other than establishing such
eligibility.
(d) Limitation on Protection.--The protections for employers under
this section shall not apply if the employer provides employment
records to the alien that are determined to be fraudulent.
SEC. 41308. CORRECTION OF SOCIAL SECURITY RECORDS; CONFORMING
AMENDMENTS.
(a) In General.--Section 208(e)(1) of the Social Security Act (42
U.S.C. 408(e)(1)) is amended--
(1) in subparagraph (B)(ii), by striking ``or'' at the end;
(2) in subparagraph (C), by inserting ``or'' at the end;
(3) by inserting after subparagraph (C) the following:
``(D) who is granted certified agricultural worker status,
certified agricultural dependent status, or lawful permanent
resident status under title I of the American Agriculture
Dominance Act,''; and
(4) in the undesignated matter following subparagraph (D),
as added by paragraph (3), by striking ``1990.'' and inserting
``1990, or in the case of an alien described in subparagraph
(D), if such conduct is alleged to have occurred before the
date on which the alien was granted status under title I of the
American Agriculture Dominance Act.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the first day of the seventh month that begins after the
date of the enactment of this Act.
(c) Conforming Amendments.--
(1) Social security act.--Section 210(a)(1) of the Social
Security Act (42 U.S.C. 410(a)(1)) is amended by inserting
before the semicolon the following: ``(other than aliens
granted certified agricultural worker status or certified
agricultural dependent status under title I of the American
Agriculture Dominance Act''.
(2) Internal revenue code of 1986.--Section 3121(b)(1) of
the Internal Revenue Code of 1986 is amended by inserting
before the semicolon the following: ``(other than aliens
granted certified agricultural worker status or certified
agricultural dependent status under title I of the American
Agriculture Dominance Act''.
(3) Effective date.--The amendments made by this subsection
shall apply with respect to service performed after the date of
the enactment of this Act.
(d) Automated System To Assign Social Security Account Numbers.--
Section 205(c)(2)(B) of the Social Security Act (42 U.S.C.
405(c)(2)(B)) is amended by adding at the end the following:
``(iv) The Commissioner of Social Security
shall, to the extent practicable, coordinate
with the Secretary of the Department of
Homeland Security to implement an automated
system for the Commissioner to assign social
security account numbers to aliens granted
certified agricultural worker status or
certified agricultural dependent status under
title I of the American Agriculture Dominance
Act. An alien who is granted such status, and
who was not previously assigned a social
security account number, shall request
assignment of a social security account number
and a social security card from the
Commissioner through such system. The Secretary
shall collect and provide to the Commissioner
such information as the Commissioner deems
necessary for the Commissioner to assign a
social security account number, which
information may be used by the Commissioner for
any purpose for which the Commissioner is
otherwise authorized under Federal law. The
Commissioner may maintain, use, and disclose
such information only as permitted by the
Privacy Act and other Federal law.''.
SEC. 41309. DISCLOSURES AND PRIVACY.
(a) In General.--The Secretary may not disclose or use information
provided in an application for certified agricultural worker status or
adjustment of status under this title (including information provided
during administrative or judicial review) for the purpose of
immigration enforcement.
(b) Referrals Prohibited.--The Secretary, based solely on
information provided in an application for certified agricultural
worker status or adjustment of status under this title (including
information provided during administrative or judicial review), may not
refer an applicant to U.S. Immigration and Customs Enforcement, U.S.
Customs and Border Protection, or any designee of either such entity.
(c) Exceptions.--Notwithstanding subsections (a) and (b),
information provided in an application for certified agricultural
worker status or adjustment of status under this title may be shared
with Federal security and law enforcement agencies--
(1) for assistance in the consideration of an application
under this title;
(2) to identify or prevent fraudulent claims or schemes;
(3) for national security purposes; or
(4) for the investigation or prosecution of any felony not
related to immigration status.
(d) Penalty.--Any person who knowingly uses, publishes, or permits
information to be examined in violation of this section shall be fined
not more than $10,000.
(e) Privacy.--The Secretary shall ensure that appropriate
administrative and physical safeguards are in place to protect the
security, confidentiality, and integrity of personally identifiable
information collected, maintained, and disseminated pursuant to this
title.
SEC. 41310. PENALTIES FOR FALSE STATEMENTS IN APPLICATIONS.
(a) Criminal Penalty.--Any person who--
(1) files an application for certified agricultural worker
status or adjustment of status under this title and knowingly
falsifies, conceals, or covers up a material fact or makes any
false, fictitious, or fraudulent statements or representations,
or makes or uses any false writing or document knowing the same
to contain any false, fictitious, or fraudulent statement or
entry; or
(2) creates or supplies a false writing or document for use
in making such an application,
shall be fined in accordance with title 18, United States Code,
imprisoned not more than 5 years, or both.
(b) Inadmissibility.--An alien who is convicted under subsection
(a) shall be deemed inadmissible to the United States under section
212(a)(6)(C)(i) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(6)(C)(i)).
(c) Deposit.--Fines collected under subsection (a) shall be
deposited into the Immigration Examinations Fee Account pursuant to
section 286(m) of the Immigration and Nationality Act (8 U.S.C.
1356(m)).
SEC. 41311. DISSEMINATION OF INFORMATION.
(a) In General.--Beginning not later than the first day of the
application period described in section 101(c)--
(1) the Secretary of Homeland Security, in cooperation with
qualified designated entities, shall broadly disseminate
information described in subsection (b); and
(2) the Secretary of Agriculture, in consultation with the
Secretary of Homeland Security, shall disseminate to
agricultural employers a document containing the information
described in subsection (b) for posting at employer worksites.
(b) Information Described.--The information described in this
subsection shall include--
(1) the benefits that aliens may receive under this title;
and
(2) the requirements that an alien must meet to receive
such benefits.
SEC. 41312. EXEMPTION FROM NUMERICAL LIMITATIONS.
The numerical limitations under title II of the Immigration and
Nationality Act (8 U.S.C. 1151 et seq.) shall not apply to the
adjustment of aliens to lawful permanent resident status under this
title, and such aliens shall not be counted toward any such numerical
limitation.
SEC. 41313. REPORTS TO CONGRESS.
Not later than 180 days after the publication of the final rule
under section 122(a), and annually thereafter for the following 10
years, the Secretary shall submit a report to Congress that identifies,
for the previous fiscal year--
(1) the number of principal aliens who applied for
certified agricultural worker status under subtitle A, and the
number of dependent spouses and children included in such
applications;
(2) the number of principal aliens who were granted
certified agricultural worker status under subtitle A, and the
number of dependent spouses and children who were granted
certified agricultural dependent status;
(3) the number of principal aliens who applied for an
extension of their certified agricultural worker status under
subtitle A, and the number of dependent spouses and children
included in such applications;
(4) the number of principal aliens who were granted an
extension of certified agricultural worker status under
subtitle A, and the number of dependent spouses and children
who were granted certified agricultural dependent status under
such an extension;
(5) the number of principal aliens who applied for
adjustment of status under subtitle B, and the number of
dependent spouses and children included in such applications;
(6) the number of principal aliens who were granted lawful
permanent resident status under subtitle B, and the number of
spouses and children who were granted such status as
dependents;
(7) the number of principal aliens included in petitions
described in section 101(e), and the number of dependent
spouses and children included in such applications; and
(8) the number of principal aliens who were granted H-2A
status pursuant to petitions described in section 101(e), and
the number of dependent spouses and children who were granted
H-4 status.
SEC. 41314. GRANT PROGRAM TO ASSIST ELIGIBLE APPLICANTS.
(a) Establishment.--The Secretary shall establish a program to
award grants, on a competitive basis, to eligible nonprofit
organizations to assist eligible applicants under this title by
providing them with the services described in subsection (c).
(b) Eligible Nonprofit Organization.--For purposes of this section,
the term ``eligible nonprofit organization'' means an organization
described in section 501(c)(3) of the Internal Revenue Code of 1986
(excluding a recipient of funds under title X of the Economic
Opportunity Act of 1964 (42 U.S.C. 2996 et seq.)) that has demonstrated
qualifications, experience, and expertise in providing quality services
to farm workers or aliens.
(c) Use of Funds.--Grant funds awarded under this section may be
used for the design and implementation of programs that provide--
(1) information to the public regarding the eligibility and
benefits of certified agricultural worker status authorized
under this title; and
(2) assistance, within the scope of authorized practice of
immigration law, to individuals submitting applications for
certified agricultural worker status or adjustment of status
under this title, including--
(A) screening prospective applicants to assess
their eligibility for such status;
(B) completing applications, including providing
assistance in obtaining necessary documents and
supporting evidence; and
(C) providing any other assistance that the
Secretary determines useful to assist aliens in
applying for certified agricultural worker status or
adjustment of status under this title.
(d) Source of Funds.--In addition to any funds appropriated to
carry out this section, the Secretary may use up to $10,000,000 from
the Immigration Examinations Fee Account under section 286(m) of the
Immigration and Nationality Act (8 U.S.C. 1356(m)) to carry out this
section.
(e) Eligibility for Services.--Section 504(a)(11) of Public Law
104-134 (110 Stat. 1321-53 et seq.) shall not be construed to prevent a
recipient of funds under title X of the Economic Opportunity Act of
1964 (42 U.S.C. 2996 et seq.) from providing legal assistance directly
related to an application for status under this title or to an alien
granted such status.
SEC. 41315. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary, such sums
as may be necessary to implement this title, including any amounts
needed for costs associated with the initiation of such implementation,
for each of fiscal years 2024 through 2026.
TITLE II--ENSURING AN AGRICULTURAL WORKFORCE FOR THE FUTURE
Subtitle A--Reforming the H-2A Worker Program
SEC. 42101. COMPREHENSIVE AND STREAMLINED ELECTRONIC H-2A PLATFORM.
(a) Streamlined H-2A Platform.--
(1) In general.--Not later than 12 months after the date of
the enactment of this Act, the Secretary of Homeland Security,
in consultation with the Secretary of Labor, the Secretary of
Agriculture, the Secretary of State, and the United States
Digital Service, shall ensure the establishment of an
electronic platform through which a petition for an H-2A worker
may be filed. Such platform shall--
(A) serve as a single point of access for an
employer to input all information and supporting
documentation required for obtaining labor
certification from the Secretary of Labor and the
adjudication of the H-2A petition by the Secretary of
Homeland Security;
(B) serve as a single point of access for the
Secretary of Homeland Security, the Secretary of Labor,
and State workforce agencies to concurrently perform
their respective review and adjudicatory
responsibilities in the H-2A process;
(C) facilitate communication between employers and
agency adjudicators, including by allowing employers
to--
(i) receive and respond to notices of
deficiency and requests for information;
(ii) submit requests for inspections and
licensing;
(iii) receive notices of approval and
denial; and
(iv) request reconsideration or appeal of
agency decisions; and
(D) provide information to the Secretary of State
and U.S. Customs and Border Protection necessary for
the efficient and secure processing of H-2A visas and
applications for admission.
(2) Objectives.--In developing the platform described in
paragraph (1), the Secretary of Homeland Security, in
consultation with the Secretary of Labor, the Secretary of
Agriculture, the Secretary of State, and the United States
Digital Service, shall streamline and improve the H-2A process,
including by--
(A) eliminating the need for employers to submit
duplicate information and documentation to multiple
agencies;
(B) eliminating redundant processes, where a single
matter in a petition is adjudicated by more than one
agency;
(C) reducing the occurrence of common petition
errors, and otherwise improving and expediting the
processing of H-2A petitions; and
(D) ensuring compliance with H-2A program
requirements and the protection of the wages and
working conditions of workers.
(b) Online Job Registry.--The Secretary of Labor shall maintain a
national, publicly accessible online job registry and database of all
job orders submitted by H-2A employers. The registry and database
shall--
(1) be searchable using relevant criteria, including the
types of jobs needed to be filled, the date(s) and location(s)
of need, and the employer(s) named in the job order;
(2) provide an interface for workers in English, Spanish,
and any other language that the Secretary of Labor determines
to be appropriate; and
(3) provide for public access of job orders approved under
section 218(h)(2) of the Immigration and Nationality Act.
SEC. 42102. AGRICULTURAL LABOR OR SERVICES.
(a) Definition.--Section 101(a) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)), as amended by section 8101, is further amended
by adding at the end the following:
``(54) The term `agricultural labor or services' has the
meaning given such term by the Secretary of Agriculture in
regulations and includes--
``(A) agricultural labor (as such term is defined
in section 3121(g) of the Internal Revenue Code of
1986) except as described in subsection (g)(4) of such
section;
``(B) agriculture (as such term is defined in
section 3(f) of the Fair Labor Standards Act of 1938
(29 U.S.C. 203(f))), except that the requirement that
such work be performed by a farmer or on a farm as an
incident to or in conjunction with such farming
operations shall not apply if such work is being
performed at the direction of and as incident to or in
conjunction with the farmers' farming operation;
``(C) agricultural employment (as such term is
defined in section 3 of the Migrant and Seasonal Worker
Protection Act (29 U.S.C. 1802));
``(D) the handling, planting, drying, packing,
packaging, processing, freezing, or grading prior to
delivery for storage of any agricultural or
horticultural commodity in its unmanufactured state;
``(E) all activities required for the preparation,
processing or manufacturing, for further distribution,
of--
``(i) a product of agriculture (as such
term is defined in such section 3(f));
``(ii) a product of aquaculture; or
``(iii) wild-caught fish or shellfish;
``(F) pressing of apples for cider on a farm;
``(G) activities related to the management and
training of equines; and
``(H) performing any of the activities described in
this paragraph for an agricultural employer (as such
term is defined in paragraph (2) of section 3 of the
Migrant and Seasonal Worker Protection Act (29 U.S.C.
1802), including an agricultural cooperative, except
that for purposes of this subparagraph, the limitations
described in paragraphs (8)(B)(ii) and (10)(B)(iii)
shall not apply),
except that in regard to labor or services consisting of meat
or poultry processing, the term `agricultural labor or
services' only includes the killing of animals and the
breakdown of their carcasses.''.
(b) Conforming Amendments.--The Immigration and Nationality Act (8
U.S.C. 1101 et seq.) is amended--
(1) in section 101(a)(15)(H), by striking ``, as defined by
the Secretary of Labor in regulations and including
agricultural labor defined in section 3121(g) of the Internal
Revenue Code of 1986, agriculture as defined in section 3(f) of
the Fair Labor Standards Act of 1938 (29 U.S.C. 203(f)), and
the pressing of apples for cider on a farm, of a temporary or
seasonal nature''; and
(2) in section 218(d)(2), by striking ``of a temporary or
seasonal nature''.
SEC. 42103. H-2A PROGRAM REQUIREMENTS.
Section 218 of the Immigration and Nationality Act (8 U.S.C. 1188)
is amended--
(1) in subsection (c), by striking paragraph (4);
(2) by redesignating subsection (i) as subsection (p);
(3) by inserting after subsection (h) the following:
``(i) Wage Requirements.--Each employer under this section will
offer the worker, during the period of authorized employment, wages
that are at least the greatest of--
``(1) 125 percent of the Federal minimum wage; or
``(2) the applicable State or local minimum wage.
``(j) Housing Requirements.--Employers shall furnish housing in
accordance with regulations established by the Secretary of Labor. Such
regulations shall be consistent with the following:
``(1) In general.--The employer shall provide housing
meeting applicable State, Federal, and local standards, or
secure housing which meets the local standards for rental and/
or public accommodations or other substantially similar class
of habitation.
``(2) Family housing.--The employer shall provide family
housing to workers with families who request it when it is the
prevailing practice in the area and occupation of intended
employment to provide family housing.
``(3) United states workers.--Notwithstanding paragraphs
(1) and (2), an employer is not required to provide housing to
United States workers who are reasonably able to return to
their residence within the same day.
``(4) Timing of inspection.--
``(A) In general.--The Secretary of Labor or
designee shall make a determination as to whether the
housing furnished by an employer for a worker meets the
requirements imposed by this subsection prior to the
date on which the Secretary of Labor is required to
make a certification with respect to a petition for the
admission of such worker.
``(B) Timely inspection.--The Secretary of Labor
shall provide a process for--
``(i) an employer to request inspection of
housing up to 60 days before the date on which
the employer will file a petition under this
section; and
``(ii) biennial inspection of housing for
workers who are engaged in agricultural
employment.
``(k) Transportation Requirements.--
``(1) Travel to place of employment.--A worker who
completes 50 percent of the period of employment specified in
the job order shall be reimbursed by the employer for the cost
of the worker's transportation and subsistence from the place
from which the worker came to work for the employer (or place
of last employment, if the worker traveled from such place) to
the place of employment.
``(2) Travel from place of employment.--For a worker who
completes the period of employment specified in the job order
or who is terminated without cause, the employer shall provide
or pay for the worker's transportation and subsistence from the
place of employment to the place from which the worker,
disregarding intervening employment, came to work for the
employer, or to the place of next employment, if the worker has
contracted with a subsequent employer who has not agreed to
provide or pay for the worker's transportation and subsistence
to such subsequent employer's place of employment.
``(3) Limitation.--
``(A) Amount of reimbursement.--Except as provided
in subparagraph (B), the amount of reimbursement
provided under paragraph (1) or (2) to a worker need
not exceed the lesser of--
``(i) the actual cost to the worker of the
transportation and subsistence involved; or
``(ii) the most economical and reasonable
common carrier transportation charges and
subsistence costs for the distance involved.
``(B) Distance traveled.--For travel to or from the
worker's home country, if the travel distance between
the worker's home and the relevant consulate is 50
miles or less, reimbursement for transportation and
subsistence may be based on transportation to or from
the consulate.
``(l) Eligibility for H-2A Status and Admission to the United
States.--
``(1) Visa validity.--A visa issued to an H-2A worker shall
be valid for 3 years and shall allow for multiple entries
during the approved period of admission.
``(2) Period of authorized stay; admission.--
``(A) In general.--An alien admissible as an H-2A
worker shall be authorized to stay in the United States
for the period of employment specified in the petition
approved by the Secretary of Homeland Security under
this section. The maximum continuous period of
authorized stay for an H-2A worker is 36 months.
``(B) Requirement to remain outside the united
states.--In the case of an H-2A worker whose maximum
continuous period of authorized stay (including any
extensions) has expired, the alien may not again be
eligible for such stay until the alien remains outside
the United States for a cumulative period of at least
45 days.
``(C) Exceptions.--The Secretary of Homeland
Security shall deduct absences from the United States
that take place during an H-2A worker's period of
authorized stay from the period that the alien is
required to remain outside the United States under
subparagraph (B), if the alien or the alien's employer
requests such a deduction, and provides clear and
convincing proof that the alien qualifies for such a
deduction. Such proof shall consist of evidence
including, but not limited to, arrival and departure
records, copies of tax returns, and records of
employment abroad.
``(D) Admission.--In addition to the maximum
continuous period of authorized stay, an H-2A worker's
authorized period of admission shall include an
additional period of 10 days prior to the beginning of
the period of employment for the purpose of traveling
to the place of employment and 45 days at the end of
the period of employment for the purpose of traveling
home or seeking an extension of status based on a
subsequent offer of employment if the worker has not
reached the maximum continuous period of authorized
stay under subparagraph (A) (subject to the exceptions
in subparagraph (C)).
``(3) Continuing h-2a workers.--
``(A) Successive employment.--An H-2A worker is
authorized to start new or concurrent employment upon
the filing of a nonfrivolous H-2A petition, or as of
the requested start date, whichever is later if--
``(i) the petition to start new or
concurrent employment was filed prior to the
expiration of the H-2A worker's period of
admission as defined in paragraph (2)(D); and
``(ii) the H-2A worker has not been
employed without authorization in the United
States from the time of last admission to the
United States in H-2A status through the filing
of the petition for new employment.
``(B) Protection due to immigrant visa backlogs.--
Notwithstanding the limitations on the period of
authorized stay described in paragraph (3), any H-2A
worker who--
``(i) is the beneficiary of an approved
petition, filed under section 204(a)(1)(E) or
(F) for preference status under section
203(b)(3)(A)(iii); and
``(ii) is eligible to be granted such
status but for the annual limitations on visas
under section 203(b)(3)(A),
may apply for, and the Secretary of Homeland Security
may grant, an extension of such nonimmigrant status
until the Secretary of Homeland Security issues a final
administrative decision on the alien's application for
adjustment of status or the Secretary of State issues a
final decision on the alien's application for an
immigrant visa.
``(m) H-2A Petition Procedures.--
``(1) In general.--The employer shall submit information
required for the adjudication of the H-2A petition, including a
job order, through the electronic platform no more than 75
calendar days and no fewer than 60 calendar days before the
employer's first date of need specified in the petition.
``(2) Filing by agricultural associations.--An association
of agricultural producers that use agricultural services may
file an H-2A petition under paragraph (1). If an association is
a joint or sole employer of workers who perform agricultural
labor or services, H-2A workers may be used for the approved
job opportunities of any of the association's producer members
and such workers may be transferred among its producer members
to perform the agricultural labor or services for which the
petition was approved.
``(3) Petitions involving staggered entry.--An employer may
file a petition involving employment in the same occupational
classification and same area of intended employment with
multiple start dates if--
``(A) the petition involves no more than 10 start
dates;
``(B) the multiple start dates share a common end
date;
``(C) no more than 120 days separate the first
start date and the final start date listed in the
petition; and
``(D) the need for multiple start dates arises from
variations in labor needs associated with the job
opportunity identified in the petition.
``(4) Post-certification amendments.--The Secretary of
Labor shall provide a process for amending a request for labor
certification in conjunction with an H-2A petition, subsequent
to certification by the Secretary of Labor, in cases in which
the requested amendment does not materially change the petition
(including the job order).
``(n) Special Procedures.--
``(1) In general.--The Secretary of Labor, in consultation
with the Secretary of Agriculture and the Secretary of Homeland
Security, may by regulation establish alternate procedures that
reasonably modify program requirements under this section,
including for special procedures industries, when the Secretary
determines that such modifications are required due to the
unique nature of the work involved.
``(2) Allergy limitation.--An employer engaged in the
commercial beekeeping or pollination services industry may
require that an applicant be free from bee pollen, venom, or
other bee-related allergies.
``(3) Special procedures industries.--
``(A) Application.--An individual employer in a
special procedures industry may file a program petition
on its own behalf or in conjunction with an association
of employers. The employer's petition may be part of
several related petitions submitted simultaneously that
constitute a master petition.
``(B) Special procedures industry defined.--In this
subsection, the term `special procedures industry'
means--
``(i) sheepherding and goat herding;
``(ii) itinerant commercial beekeeping and
pollination;
``(iii) open range production of livestock;
``(iv) itinerant animal shearing; and
``(v) custom combining industries.''; and
(4) in subsection (p), as so redesignated, by adding at the
end the following:
``(3) Temporarily.--The term `temporarily' means a period
not exceeding 350 days.
``(4) Job order.--The term `job order' means the document
containing the material terms and conditions of employment,
including obligations and assurances required under this
section or any other law.''.
SEC. 42104. PORTABLE H-2A VISA PILOT PROGRAM.
(a) Establishment of Pilot Program.--
(1) In general.--Not later than 18 months after the date of
the enactment of this Act, the Secretary of Homeland Security,
in consultation with the Secretary of Labor and the Secretary
of Agriculture, shall establish through regulation a 6-year
pilot program to facilitate the free movement and employment of
H-2A workers to perform agricultural labor or services for
agricultural employers registered with the Secretary of
Agriculture. Notwithstanding the requirements of section 218 of
the Immigration and Nationality Act, such regulation shall
establish the requirements for the pilot program, consistent
with subsection (b). For purposes of this section, such a
worker shall be referred to as a portable H-2A worker, and
status as such a worker shall be referred to as portable H-2A
status.
(2) Online platform.--The Secretary of Homeland Security,
in consultation with the Secretary of Labor and the Secretary
of Agriculture, shall maintain an online electronic platform to
connect portable H-2A workers with registered agricultural
employers seeking workers to perform agricultural labor or
services. Employers shall post on the platform available job
opportunities, including a description of the nature and
location of the work to be performed, the anticipated period or
periods of need, and the terms and conditions of employment.
Such platform shall allow portable H-2A workers to search for
available job opportunities using relevant criteria, including
the types of jobs needed to be filled and the dates and
locations of need.
(3) Limitation.--Notwithstanding the issuance of the
regulation described in paragraph (1), the Secretary of State
may not issue a portable H-2A visa and the Secretary of
Homeland Security may not confer portable H-2A status on any
alien until the Secretary of Homeland Security, in consultation
with the Secretary of Labor and the Secretary of Agriculture,
has determined that a sufficient number of employers have been
designated as registered agricultural employers under
subsection (b)(1) and that such employers have sufficient job
opportunities to employ a reasonable number of portable H-2A
workers to initiate the pilot program.
(b) Pilot Program Elements.--The pilot program in subsection (a)
shall contain the following elements:
(1) Registered agricultural employers.--
(A) Designation.--Agricultural employers shall be
provided the ability to seek designation as registered
agricultural employers. Reasonable fees may be assessed
commensurate with the cost of processing applications
for designation. A designation shall be valid for a
period of up to 3 years unless revoked for failure to
comply with program requirements. Registered employers
that comply with program requirements may apply to
renew such designation for additional periods of up to
3 years for the duration of the pilot program.
(B) Limitations.--Registered agricultural employers
may employ aliens with portable H-2A status without
filing a petition. Such employers shall pay such aliens
at least the wage required under section 218(d) of the
Immigration and Nationality Act (8 U.S.C. 1188(d)).
(C) Workers' compensation.--If a job opportunity is
not covered by or is exempt from the State workers'
compensation law, a registered agricultural employer
shall provide, at no cost to the worker, insurance
covering injury and disease arising out of, and in the
course of, the worker's employment, which will provide
benefits at least equal to those provided under the
State workers' compensation law.
(2) Designated workers.--
(A) In general.--Individuals who have been
previously admitted to the United States in H-2A
status, and maintained such status during the period of
admission, shall be provided the opportunity to apply
for portable H-2A status. Portable H-2A workers shall
be subject to the provisions on visa validity and
periods of authorized stay and admission for H-2A
workers described in paragraphs (2) and (3) of section
218(j) of the Immigration and Nationality Act (8 U.S.C.
1188(j)(2) and (3)).
(B) Limitations on availability of portable h-2a
status.--
(i) Initial offer of employment required.--
No alien may be granted portable H-2A status
without an initial valid offer of employment to
perform temporary or agricultural labor or
services from a registered agricultural
employer.
(ii) Numerical limitation.--The total
number of aliens who may hold valid portable H-
2A status at any one time may not exceed
10,000.
(C) Scope of employment.--During the period of
admission, a portable H-2A worker may perform
agricultural labor or services for any employer in the
United States that is designated as a registered
agricultural employer pursuant to paragraph (1). An
employment arrangement under this section may be
terminated by either the portable H-2A worker or the
registered agricultural employer at any time.
(D) Transfer to new employment.--At the cessation
of employment with a registered agricultural employer,
a portable H-2A worker shall have 60 days to secure new
employment with a registered agricultural employer.
(E) Maintenance of status.--A portable H-2A worker
who does not secure new employment with a registered
agricultural employer within 60 days shall be
considered to have failed to maintain such status and
shall depart the United States or be subject to removal
under section 237(a)(1)(C)(i) of the Immigration and
Nationality Act (8 U.S.C. 1188(a)(1)(C)(i)).
(3) Enforcement.--The Secretary of Labor shall be
responsible for conducting investigations and random audits of
employers to ensure compliance with the employment-related
requirements of this section, consistent with section 218(m) of
the Immigration and Nationality Act (8 U.S.C. 1188(m)). The
Secretary of Labor shall have the authority to collect
reasonable civil penalties for violations, which shall be
utilized by the Secretary for the administration and
enforcement of the provisions of this section.
(4) Eligibility for services.--Section 305 of Public Law
99-603 (100 Stat. 3434) is amended by striking ``other
employment rights as provided in the worker's specific contract
under which the nonimmigrant was admitted'' and inserting
``employment-related rights''.
(c) Report.--Not later than 6 months before the end of the third
fiscal year of the pilot program, the Secretary of Homeland Security,
in consultation with the Secretary of Labor and the Secretary of
Agriculture, shall prepare and submit to the Committees on the
Judiciary of the House of Representatives and the Senate, a report that
provides--
(1) the number of employers designated as registered
agricultural employers, broken down by geographic region, farm
size, and the number of job opportunities offered by such
employers;
(2) the number of employers whose designation as a
registered agricultural employer was revoked;
(3) the number of individuals granted portable H-2A status
in each fiscal year, along with the number of such individuals
who maintained portable H-2A status during all or a portion of
the 3-year period of the pilot program;
(4) an assessment of the impact of the pilot program on the
wages and working conditions of United States farm workers;
(5) the results of a survey of individuals granted portable
H-2A status, detailing their experiences with and feedback on
the pilot program;
(6) the results of a survey of registered agricultural
employers, detailing their experiences with and feedback on the
pilot program;
(7) an assessment as to whether the program should be
continued and if so, any recommendations for improving the
program; and
(8) findings and recommendations regarding effective
recruitment mechanisms, including use of new technology to
match workers with employers and ensure compliance with
applicable labor and employment laws and regulations.
SEC. 42105. PILOT PROGRAM PROVIDING FORESTRY EMPLOYERS THE OPTION OF
USING THE H-2A PROGRAM OR THE H-2B PROGRAM.
(a) Time Period.--For the 3-year period following the date of
enactment this Act, an employer engaged in forestry-and conservation-
related services shall have, in any calendar year and at the employer's
sole discretion, the option to participate in either the program
described at 101(a)(15)(H)(ii)(a) of such Act (8 U.S.C.
1101(a)(15)(H)(ii)(a)) or the program described at 101(a)(15)(H)(ii)(b)
of such Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)).
(b) Rulemaking.--After the expiration of the time period specified
in subsection (a), the Secretary of Labor, in consultation with the
Secretary of Agriculture, shall make a rule determining whether
employers engaged in forestry-and conservation-related services shall
be in the future classified in the program described in section
101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)(a), or the program described at 101(a)(15)(H)(ii)(b)
of such Act (8 U.S.C. 1101(a)(15)(H)(ii)(b), or both.
(c) Extension.--The time period described in subsection (a) shall
be extended until such time as the regulations promulgated pursuant to
subsection (b) are in effect.
(d) Conditions.--An employer engaged in forestry-and conservation-
related services shall be permitted to employ nonimmigrant workers
under the following conditions:
(1) Itineraries.--In either the program described at
Section 101(a)(15)(H)(ii)(a) of such Act (8 U.S.C.
1101(a)(15)(H)(ii)(a)) or the program described at
101(a)(15)(H)(ii)(b) of such Act (8 U.S.C.
1101(a)(15)(H)(ii)(b)), the employer may use an itinerary
listing worksites that may encompass multiple areas of intended
employment without limitation as to the number of worksites,
States, or areas of intended employment.
(2) Applicable wage.--
(A) H-2A.--In the program described in section
101(a)(15)(H)(ii)(a) of such Act (8 U.S.C.
1101(a)(15)(H)(ii)(a)), an employer shall not be
required to pay at any location a wage higher than the
wage described in section 218 of the Immigration and
Nationality Act (8 U.S.C. 1188), as amended by section
42103 of this Act, for described work at that location.
(B) H-2B.--In the program described at section
101(a)(15)(H)(ii)(b) of such Act (8 U.S.C.
1101(a)(15)(H)(ii)(b)), an employer shall not be
required to pay at any location a wage higher than the
prevailing wage applicable to the described work at
that location.
(3) Housing.--In either the program described at section
101(a)(15)(H)(ii)(a) of such Act (8 U.S.C.
1101(a)(15)(H)(ii)(a)) or the program described at
101(a)(15)(H)(ii)(b) of such Act (8 U.S.C.
1101(a)(15)(H)(ii)(b)), the employer may, if the employer
arranges for or provides housing for its employees, use public
accommodation housing or lodging that is otherwise provided on
a commercial basis to the general public, and such housing or
lodging shall not be subject to any federally mandated
inspection or approvals beyond the local or State standards
otherwise applicable to public accommodation housing or lodging
provided to the general public.
(e) Forestry- and Conservation-Related Services Defined.--The term
``forestry- and conservation-related services'' includes tree planting,
timber stand improvements, timber harvesting, logging operations, brush
clearing, vegetation management, herbicide application, the maintenance
of rights of way (including for roads, trails, and utilities, and
regardless of whether such right of-way is on forest land), pruning,
seedling lifting, harvesting and packaging, and the harvesting of pine
straw and other minor forest products, orchard work and seed
collection, and fire prevention and management activities.
DIVISION E--AMERICAN PROSPERITY AND COMPETITIVENESS
SEC. 51001. SHORT TITLE.
This division may be cited as the ``American Prosperity and
Competitiveness Act''.
TITLE I--PROTECTING THE FAMILY SYSTEM
Subtitle A--American Families United Act
SEC. 51101. RULE OF CONSTRUCTION.
Nothing in this division shall be construed--
(1) to provide the Secretary of Homeland Security or the
Attorney General with the ability to exercise the discretionary
authority provided in this division, or by an amendment made by
this division, except on a case-by-case basis; or
(2) to otherwise modify or limit the discretionary
authority of the Secretary of Homeland Security or the Attorney
General under the immigration laws (as defined in section
101(a)(17) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(17))).
SEC. 51102. DISCRETIONARY AUTHORITY WITH RESPECT TO FAMILY MEMBERS OF
UNITED STATES CITIZENS.
(a) Applications for Relief From Removal.--Section 240(c)(4) of the
Immigration and Nationality Act (8 U.S.C. 1229a(c)(4)) is amended by
adding at the end the following:
``(D) Judicial discretion.--
``(i) In general.--In the case of an alien
who is the spouse or child of a citizen of the
United States, the Attorney General may subject
to clause (ii)--
``(I) terminate any removal
proceedings against the alien;
``(II) decline to order the alien
removed from the United States;
``(III) grant the alien permission
to reapply for admission to the United
States; or
``(IV) subject to clause (iii),
waive the application of one or more
grounds of inadmissibility or
deportability in connection with any
request for relief from removal.
``(ii) Limitation on discretion.--
``(I) In general.--The Attorney
General may exercise the discretion
described in clause (i) if the Attorney
General determines that removal of the
alien or the denial of a request for
relief from removal would result in
hardship to the alien's United States
citizen spouse, parent, or child. There
shall be a presumption that family
separation constitutes hardship.
``(II) Widow and surviving child of
deceased united states citizen.--In the
case of the death of a citizen of the
United States, the Attorney General may
exercise discretion described in clause
(i) with respect to an alien who was a
child of such citizen, or was the
spouse of such citizen and was not
legally separated from such citizen on
the date of the citizen's death, if--
``(aa) the Attorney General
determines that removal of the
child or spouse or the denial
of a requested benefit would
result in hardship to the child
or spouse; and
``(bb) the child or spouse
seeks relief requiring such
discretion not later than two
years after the date of the
citizen's death or demonstrates
to the satisfaction of the
Attorney General the existence
of extraordinary circumstances
that prevented the spouse or
child from seeking relief
within such period.
``(iii) Exclusions.--This subparagraph
shall not apply to an alien whom the Attorney
General determines--
``(I) is inadmissible under--
``(aa) paragraph (2) or (3)
of section 212(a); or
``(bb) subparagraph (A),
(C), or (D) of section
212(a)(10); or
``(II) is deportable under
paragraph (2), (4), or (6) of section
237(a).''.
(b) Secretary's Discretion.--Section 212 of the Immigration and
Nationality Act (8 U.S.C. 1182) is amended--
(1) by redesignating the second subsection (t) as
subsection (u); and
(2) by adding at the end the following:
``(u) Secretary's Discretion.--
``(1) In general.--In the case of an alien who is the
spouse or child of a citizen of the United States, the
Secretary of Homeland Security may, subject to paragraph (2)--
``(A) waive the application of one or more grounds
of inadmissibility or deportability in connection with
an application for an immigration benefit or request
for relief from removal;
``(B) decline to issue a notice to appear or other
charging document requiring such an alien to appear for
removal proceedings;
``(C) decline to reinstate an order of removal
under section 241(a)(5); or
``(D) grant such alien permission to reapply for
admission to the United States or any other application
for an immigration benefit.
``(2) Limitation on discretion.--
``(A) In general.--The Secretary of Homeland
Security may exercise discretion described in paragraph
(1) if the Secretary determines that removal of the
alien or the denial of a requested benefit would result
in hardship to the alien's United States citizen
spouse, parent, or child. There shall be a presumption
that family separation constitutes hardship.
``(B) Widow and orphan of deceased united states
citizen.--In the case of the death of a citizen of the
United States, the Secretary of Homeland Security may
exercise discretion described in paragraph (1) with
respect to an alien who was a child of such citizen, or
was the spouse of such citizen and was not legally
separated from such citizen on the date of the
citizen's death, if--
``(i) the Secretary determines that the
denial of a requested benefit would result in
hardship to the child or spouse; and
``(ii) the child or spouse seeks relief
requiring such discretion not later than two
years after the date of the citizen's death or
demonstrates to the satisfaction of the
Secretary the existence of extraordinary
circumstances that prevented the spouse or
child from seeking relief within such period.
``(3) Exclusions.--This subsection shall not apply to an
alien whom the Secretary determines--
``(A) is inadmissible under--
``(i) paragraph (2) or (3) of subsections
(a); or
``(ii) subparagraphs (A), (C), or (D) of
subsection (a)(10); or
``(B) is deportable under paragraphs (2), (4), or
(6) of section 237(a).''.
(c) Nationality at Birth and Collective Naturalization.--Section
301(g) of the Immigration and Nationality Act (8 U.S.C. 1401(g)) is
amended by striking ``for a period or periods totaling not less than
five years, at least two of which were after attaining the age of
fourteen years''.
SEC. 51103. MOTIONS TO REOPEN OR RECONSIDER.
(a) In General.--A motion to reopen or reconsider the denial of a
petition or application or an order of removal for an alien may be
granted if such petition, application, or order would have been
adjudicated in favor of the alien had this division, or an amendment
made by this division, been in effect at the time of such denial or
order.
(b) Filing Requirement.--A motion under subsection (a) shall be
filed no later than the date that is 2 years after the date of the
enactment of this division, unless the alien demonstrates to the
satisfaction of the Secretary of Homeland Security or Attorney General,
as appropriate, the existence of extraordinary circumstances that
prevented the alien from filing within such period.
Subtitle B--Temporary Family Visitation Act
SEC. 51111. FAMILY PURPOSE NONIMMIGRANT VISAS FOR RELATIVES OF UNITED
STATES CITIZENS AND LAWFUL PERMANENT RESIDENTS SEEKING TO
ENTER THE UNITED STATES TEMPORARILY.
(a) Establishment of New Nonimmigrant Visa Category.--Section
101(a)(15)(B) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(B)) is amended by striking ``and who is visiting the United
States temporarily for business or temporarily for pleasure;'' and
inserting ``and who is visiting the United States temporarily for--
``(i) business;
``(ii) pleasure; or
``(iii) family purposes;''.
(b) Requirements Applicable to Family Purpose Visas.--Section 214
of the Immigration and Nationality Act (8 U.S.C. 1184) is amended by
adding at the end the following:
``(s) Requirements Applicable to Family Purpose Visas.--
``(1) Definitions.--In this subsection and section
101(a)(15)(B)(iii):
``(A) Family purposes.--The term `family purposes'
means any visit by a relative for a social, occasional,
or any other purpose.
``(B) Relative.--The term `relative' means the
spouse, child, son, daughter, grandchild, parent,
grandparent, sibling, uncle, aunt, niece, and nephew of
a citizen of the United States or an alien lawfully
admitted for permanent residence.
``(2) Requirement.--A relative seeking admission pursuant
to a visa issued under section 101(a)(15)(B)(iii) is
inadmissible unless--
``(A) the individual petitioning for such
admission, or an additional sponsor, has submitted to
the Secretary of Homeland Security an undertaking under
section 213 in the form of a declaration of support
(Form I-134); and
``(B) such relative has obtained, for the duration
of his or her stay in the United States, a health
insurance policy (such as an additional travel health
insurance policy or an existing health insurance policy
that includes travel health care costs) with minimum
policy requirements, as determined by the Secretary.
``(3) Period of authorized admission.--The period of
authorized admission for a nonimmigrant described in section
101(a)(15)(B)(iii) shall not exceed 90 days.
``(4) Petitioner requirement.--
``(A) In general.--An individual may not petition
for the admission of a relative as a nonimmigrant
described in section 101(a)(15)(B)(iii) if the
individual previously petitioned for the admission of
such a relative who--
``(i) was admitted to the United States
pursuant to a visa issued under that section as
a result; and
``(ii) overstayed his or her period of
authorized admission.
``(B) Previous petitioners.--An individual
petitioning for the admission of a relative as a
nonimmigrant described in section 101(a)(15)(B)(iii)
who has previously petitioned for such a relative shall
submit to the Secretary of Homeland Security evidence
demonstrating that the relative on behalf of whom the
individual previously petitioned did not overstay his
or her period of authorized admission.''.
(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 to
read as follows:
``(1) an alien classified as a nonimmigrant under
subparagraph (B)(iii), (C), (D), (K), or (S) of section
101(a)(15),''.
(d) Family Purpose Visa Eligibility While Awaiting Immigrant
Visa.--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 that Act who has been classified as an immigrant
under section 201 of that Act (8 U.S.C. 1151) and is awaiting the
availability of an immigrant visa subject to the numerical limitations
under section 203 of that Act (8 U.S.C. 1153) may be admitted pursuant
to a family purpose visa, in accordance with section 214(s) of that
Act, if the individual is otherwise eligible for admission.
Subtitle C--Spouses or Children of an Alien Lawfully Admitted for
Permanent Residence Uncapped
SEC. 51131. SPOUSES OR CHILDREN OF AN ALIEN LAWFULLY ADMITTED FOR
PERMANENT RESIDENCE.
Section 201(b)(2) of the Immigration and Nationality Act (8 U.S.C.
1151(b)(2)(A)) is amended by adding at the end the following:
``(C) Spouses or children of an alien lawfully
admitted for permanent residence.--Aliens who are the
spouses or children of an alien lawfully admitted for
permanent residence''.
SEC. 51132. PREFERENCE ALLOCATION FOR FAMILY-SPONSORED IMMIGRANTS.
Section 203 of the Immigration and Nationality Act (8 U.S.C. 1153)
is amended as follows:
(1) In subsection (a)(1), by striking ``23,400'' and
inserting ``111,300''.
(2) In subsection (a)(2), to read as follows:
``(2) Unmarried sons and daughters of permanent resident
aliens.--Qualified immigrants who are the unmarried sons or
unmarried daughters (but are not the children) of an alien
lawfully admitted for permanent residence, shall be allocated
visas in a number not to exceed 26,300, plus the number (if
any) by which such worldwide level exceeds 226,000, plus any
visas not required for the class specified in paragraph (1).''.
TITLE II--FAIRNESS FOR IMMIGRANTS
SEC. 51201. ELIMINATION OF BACKLOGS.
Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C.
1151(b)(1)) is amended by adding at the end the following:
``(F) Aliens who are beneficiaries (including
derivative beneficiaries) of an approved immigrant visa
petition bearing a priority date that is more than 10
years before the alien submits an application for an
immigrant visa or for adjustment of status.''.
SEC. 51202. PER-COUNTRY CAPS RAISED.
Section 202(a)(2) of the Immigration and Nationality Act (8 U.S.C.
1152(a)(2)) is amended by striking ``7 percent'' and inserting ``15
percent''.
SEC. 51203. PROTECTING THE STATUS OF CHILDREN AFFECTED BY DELAYS IN
VISA AVAILABILITY.
Section 203(h) of the Immigration and Nationality Act (8 U.S.C.
1153(h)) is amended by amending paragraph (1) to read as follows:
``(1) In general.--For purposes of subsections (a)(2)(A)
and (d), a determination of whether an alien satisfies the age
requirement in the matter preceding subparagraph (A) of section
101(b)(1) shall be made using the age of the alien on the date
on which the immigrant visa petition that is the basis for the
alien's adjustment of status or immigrant visa application is
filed on behalf of such alien (or, in the case of subsection
(d), the date on which an immigrant visa petition is filed on
behalf of the alien's parent), but only if the alien has sought
to acquire the status of an alien lawfully admitted for
permanent residence within one year of the date on which an
immigrant visa number becomes available for such alien and only
if such petition is approved.''.
SEC. 51204. SPOUSES AND MINOR CHILDREN NOT INCLUDED IN CALCULATION.
Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C.
1151(b)(1)), as amended by this division, is further amended by adding
at the end the following:
``(G) Aliens described in section 203(d) if
accompanying or following to join their spouse or
parent.''.
TITLE III--IMPROVING EMPLOYMENT BASED VISAS
Subtitle A--H-4 Work Authorization Act
SEC. 51301. EMPLOYMENT AUTHORIZATION FOR CERTAIN ALIEN SPOUSES.
Section 214(e) of the Immigration and Nationality Act (8 U.S.C.
1184(e)) is amended by adding at the end the following:
``(3) In the case of an alien spouse admitted under section
101(a)(15)(H)(i)(b), who is accompanying or following to join a
principal alien admitted under such section, the Secretary of
Homeland Security shall authorize the alien spouse to engage in
employment in the United States incident to status (including
pursuant to timely-filed extension of stay application) and
provide the spouse with an `employment authorized' endorsement
or other appropriate work permit.''.
Subtitle B--Improving Employment Based Visas
SEC. 51311. REPEAL OF FICA EXCEPTION FOR CERTAIN NONRESIDENTS
TEMPORARILY PRESENT IN THE UNITED STATES.
(a) In General.--Section 3121(b)(19) of the Internal Revenue Code
of 1986 is amended by striking ``(F),'' each place it appears.
(b) Effective Date.--The amendment made by this section shall apply
to services performed in calendar quarters beginning after the date of
the enactment of this division.
SEC. 51312. INDIVIDUALS WITH DOCTORAL DEGREES IN STEM FIELDS RECOGNIZED
AS INDIVIDUALS HAVING EXTRAORDINARY ABILITY.
Section 101(a)(15)(O)(i) of the Immigration and Nationality Act
(INA) is amended by inserting after ``extensive documentation'' the
following: ``or, with regard to a field of science, technology,
engineering, or mathematics, has earned a doctoral degree in at least
one of such fields, in a health profession, or in a related program,
from an institution of higher education in the United States (as
defined in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a))''.
TITLE IV--STUDENT VISAS
SEC. 51401. MODERNIZING VISAS FOR STUDENTS.
(a) Modification of Student Nonimmigrant Visa Category.--Section
101(a)(15)(F)(i) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(F)(i)) is amended--
(1) by striking ``having a residence in a foreign country
which he has no intention of abandoning,'';
(2) by striking ``and solely''; and
(3) by striking ``Attorney General'' each place it appears
and inserting ``Secretary of Homeland Security''.
(b) Dual Intent.--Section 214(h) of the Immigration and Nationality
Act (8 U.S.C. 1184(h)) is amended to read as follows:
``(h) Dual Intent.--The fact that an alien is, or intends to be,
the beneficiary of an application for a preference status filed under
section 204, seeks a change or adjustment of status after completing a
legitimate period of nonimmigrant stay, or has otherwise sought
permanent residence in the United States shall not constitute evidence
of intent to abandon a foreign residence that would preclude the alien
from obtaining or maintaining--
``(1) a visa or admission as a nonimmigrant described in
subparagraph (E), (F)(i), (F)(ii), (H)(i)(b), (H)(i)(c), (L),
(O), (P), (R), (V), or (W) of section 101(a)(15); or
``(2) the status of a nonimmigrant described in any such
subparagraph.''.
TITLE V--SURGING RESOURCES TO EXPEDITE VISA PROCESSING
SEC. 51501. SURGING RESOURCES TO EXPEDITE VISA PROCESSING.
(a) Coordinator.--The Secretary of State, Secretary of Labor, and
Secretary of Homeland Security shall jointly appoint an Immigration
Agency Coordinator to oversee the immigration functions at United
States Citizenship and Immigration Services, the Department of Labor,
and the Department of State.
(b) Duties.--It shall be the duty of the Immigration Agency
Coordinator--
(1) to provide recommendations to harmonize agency efforts
with respect to filing immigration petitions, visas, and labor
certifications; and
(2) to work to ensure filing information from each agency
is available to the other agencies.
(c) Authorization of Appropriations.--There is authorized to be
appropriated for fiscal year 2024--
(1) 2,560,000,000 to the Operations and Support Account at
United States Citizenship and Immigration Services;
(2) $825,000,000 to the Bureau of Consular Affairs and Visa
Service at the Department of State; and
(3) $225,000,000 to the Office of Foreign Labor
Certification at the U.S. Department of Labor.
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