[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5525 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 5525
Making continuing appropriations for fiscal year 2024, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 18, 2023
Mr. Donalds (for himself, Mr. Johnson of South Dakota, Mr. Perry, Mrs.
Bice, Mr. Roy, and Mr. Armstrong) introduced the following bill; which
was referred to the Committee on Appropriations, and in addition to the
Committee on the Budget, 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
Making continuing appropriations for fiscal year 2024, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Continuing Appropriations and Border
Security Enhancement Act, 2024''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
DIVISION A--CONTINUING APPROPRIATIONS ACT, 2024
DIVISION B--OTHER MATTERS
Sec. 101. Statutory PAYGO scorecards.
Sec. 102. Senate PAYGO scorecards.
Sec. 103. Classification of budgetary effects.
DIVISION C--BORDER SECURITY
Sec. 101. Definitions.
Sec. 102. Border wall construction.
Sec. 103. Strengthening the requirements for barriers along the
southern border.
Sec. 104. Border and port security technology investment plan.
Sec. 105. Border security technology program management.
Sec. 106. U.S. Customs and Border Protection technology upgrades.
Sec. 107. U.S. Customs and Border Protection personnel.
Sec. 108. Anti-Border Corruption Act reauthorization.
Sec. 109. Establishment of workload staffing models for U.S. Border
Patrol and Air and Marine Operations of
CBP.
Sec. 110. Operation Stonegarden.
Sec. 111. Air and Marine Operations flight hours.
Sec. 112. Eradication of carrizo cane and salt cedar.
Sec. 113. Border patrol strategic plan.
Sec. 114. U.S. Customs and Border Protection spiritual readiness.
Sec. 115. Restrictions on funding.
Sec. 116. Collection of DNA and biometric information at the border.
Sec. 117. Eradication of narcotic drugs and formulating effective new
tools to address yearly losses of life;
ensuring timely updates to U.S. Customs and
Border Protection field manuals.
Sec. 118. Publication by U.S. Customs and Border Protection of
operational statistics.
Sec. 119. Alien criminal background checks.
Sec. 120. Prohibited identification documents at airport security
checkpoints; notification to immigration
agencies.
Sec. 121. Prohibition against any COVID-19 vaccine mandate or adverse
action against DHS employees.
Sec. 122. CBP One app limitation.
Sec. 123. Report on Mexican drug cartels.
Sec. 124. GAO study on costs incurred by States to secure the southwest
border.
Sec. 125. Report by Inspector General of the Department of Homeland
Security.
Sec. 126. Offsetting authorizations of appropriations.
Sec. 127. Report to Congress on foreign terrorist organizations.
Sec. 128. Assessment by Inspector General of the Department of Homeland
Security on the mitigation of unmanned
aircraft systems at the southwest border.
DIVISION D--IMMIGRATION ENFORCEMENT AND FOREIGN AFFAIRS
TITLE I--ASYLUM REFORM AND BORDER PROTECTION
Sec. 101. Safe third country.
Sec. 102. Credible fear interviews.
Sec. 103. Clarification of asylum eligibility.
Sec. 104. Exceptions.
Sec. 105. Employment authorization.
Sec. 106. Asylum fees.
Sec. 107. Rules for determining asylum eligibility.
Sec. 108. Firm resettlement.
Sec. 109. Notice concerning frivolous asylum applications.
Sec. 110. Technical amendments.
Sec. 111. Requirement for procedures relating to certain asylum
applications.
TITLE II--BORDER SAFETY AND MIGRANT PROTECTION
Sec. 201. Inspection of applicants for admission.
Sec. 202. Operational detention facilities.
TITLE III--PREVENTING UNCONTROLLED MIGRATION FLOWS IN THE WESTERN
HEMISPHERE
Sec. 301. United States policy regarding Western Hemisphere cooperation
on immigration and asylum.
Sec. 302. Negotiations by Secretary of State.
Sec. 303. Mandatory briefings on United States efforts to address the
border crisis.
TITLE IV--ENSURING UNITED FAMILIES AT THE BORDER
Sec. 401. Clarification of standards for family detention.
TITLE V--PROTECTION OF CHILDREN
Sec. 501. Findings.
Sec. 502. Repatriation of unaccompanied alien children.
Sec. 503. Special immigrant juvenile status for immigrants unable to
reunite with either parent.
Sec. 504. Rule of construction.
TITLE VI--VISA OVERSTAYS PENALTIES
Sec. 601. Expanded penalties for illegal entry or presence.
TITLE VII--IMMIGRATION PAROLE REFORM
Sec. 701. Immigration parole reform.
Sec. 702. Implementation.
Sec. 703. Cause of action.
Sec. 704. Severability.
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in any division of this Act shall be treated as
referring only to the provisions of that division.
DIVISION A--CONTINUING APPROPRIATIONS ACT, 2024
The following sums are hereby appropriated, out of any money in
the Treasury not otherwise appropriated, and out of applicable
corporate or other revenues, receipts, and funds, for the several
departments, agencies, corporations, and other organizational units of
Government for fiscal year 2024, and for other purposes, namely:
Sec. 101. (a) Such amounts as may be necessary, at a rate for
operations as provided in the applicable appropriations Acts for fiscal
year 2023 and under the authority and conditions provided in such Acts,
for continuing projects or activities (including the costs of direct
loans and loan guarantees) that are not otherwise specifically provided
for in this Act, that were conducted in fiscal year 2023, and for which
appropriations, funds, or other authority were made available in the
following appropriations Acts:
(1) The Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2023
(division A of Public Law 117-328).
(2) The Commerce, Justice, Science, and Related Agencies
Appropriations Act, 2023 (division B of Public Law 117-328).
(3) The Department of Defense Appropriations Act, 2023
(division C of Public Law 117-328).
(4) The Energy and Water Development and Related Agencies
Appropriations Act, 2023 (division D of Public Law 117-328),
except the first proviso under the heading ``Department of
Energy--Energy Programs--SPR Petroleum Account''.
(5) The Financial Services and General Government
Appropriations Act, 2023 (division E of Public Law 117-328).
(6) The Department of Homeland Security Appropriations Act,
2023 (division F of Public Law 117-328), including title III of
division O of Public Law 117-328.
(7) The Department of the Interior, Environment, and
Related Agencies Appropriations Act, 2023 (division G of Public
Law 117-328).
(8) The Departments of Labor, Health and Human Services,
and Education, and Related Agencies Appropriations Act, 2023
(division H of Public Law 117-328).
(9) The Legislative Branch Appropriations Act, 2023
(division I of Public Law 117-328).
(10) The Military Construction, Veterans Affairs, and
Related Agencies Appropriations Act, 2023 (division J of Public
Law 117-328).
(11) The Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2023 (division K of Public
Law 117-328).
(12) The Transportation, Housing and Urban Development, and
Related Agencies Appropriations Act, 2023 (division L of Public
Law 117-328).
(b) The rate for operations provided by subsection (a) is hereby
reduced by 8.1285 percent, so that the total amount of annualized
discretionary budget authority for fiscal year 2024 is equal to
$1,590,000,000,000: Provided, That the reduction in this subsection
will not apply to the rate for operations provided for the national
defense budget function (050), the Department of Veterans Affairs, or
amounts designated as being for disaster relief pursuant to section
251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
Sec. 102. (a) No appropriation or funds made available or authority
granted pursuant to section 101 for the Department of Defense shall be
used for:
(1) the new production of items not funded for production
in fiscal year 2023 or prior years;
(2) the increase in production rates above those sustained
with fiscal year 2023 funds; or
(3) the initiation, resumption, or continuation of any
project, activity, operation, or organization (defined as any
project, subproject, activity, budget activity, program
element, and subprogram within a program element, and for any
investment items defined as a P-1 line item in a budget
activity within an appropriation account and an R-1 line item
that includes a program element and subprogram element within
an appropriation account) for which appropriations, funds, or
other authority were not available during fiscal year 2023.
(b) No appropriation or funds made available or authority granted
pursuant to section 101 for the Department of Defense shall be used to
initiate multi-year procurements utilizing advance procurement funding
for economic order quantity procurement unless specifically
appropriated later.
Sec. 103. Appropriations made by section 101 shall be available to
the extent and in the manner that would be provided by the pertinent
appropriations Act.
Sec. 104. Except as otherwise provided in section 102, no
appropriation or funds made available or authority granted pursuant to
section 101 shall be used to initiate or resume any project or activity
for which appropriations, funds, or other authority were not available
during fiscal year 2023.
Sec. 105. Appropriations made and authority granted pursuant to
this Act shall cover all obligations or expenditures incurred for any
project or activity during the period for which funds or authority for
such project or activity are available under this Act.
Sec. 106. Unless otherwise provided for in this Act or in the
applicable appropriations Act for fiscal year 2024, appropriations and
funds made available and authority granted pursuant to this Act shall
be available until whichever of the following first occurs:
(1) The enactment into law of an appropriation for any
project or activity provided for in this Act.
(2) The enactment into law of the applicable appropriations
Act for fiscal year 2024 without any provision for such project
or activity.
(3) October 31, 2023.
Sec. 107. Expenditures made pursuant to this Act shall be charged
to the applicable appropriation, fund, or authorization whenever a bill
in which such applicable appropriation, fund, or authorization is
contained is enacted into law.
Sec. 108. Appropriations made and funds made available by or
authority granted pursuant to this Act may be used without regard to
the time limitations for submission and approval of apportionments set
forth in section 1513 of title 31, United States Code, but nothing in
this Act may be construed to waive any other provision of law governing
the apportionment of funds.
Sec. 109. Notwithstanding any other provision of this Act, except
section 106, for those programs that would otherwise have high initial
rates of operation or complete distribution of appropriations at the
beginning of fiscal year 2024 because of distributions of funding to
States, foreign countries, grantees, or others, such high initial rates
of operation or complete distribution shall not be made, and no grants
shall be awarded for such programs funded by this Act that would
impinge on final funding prerogatives.
Sec. 110. This Act shall be implemented so that only the most
limited funding action of that permitted in the Act shall be taken in
order to provide for continuation of projects and activities.
Sec. 111. (a) For entitlements and other mandatory payments whose
budget authority was provided in appropriations Acts for fiscal year
2023, and for activities under the Food and Nutrition Act of 2008,
activities shall be continued at the rate to maintain program levels
under current law, under the authority and conditions provided in the
applicable appropriations Act for fiscal year 2023, to be continued
through the date specified in section 106(3).
(b) Notwithstanding section 106, obligations for mandatory payments
due on or about the first day of any month that begins after October
2023 but not later than 30 days after the date specified in section
106(3) may continue to be made, and funds shall be available for such
payments.
Sec. 112. Amounts made available under section 101 for civilian
personnel compensation and benefits in each department and agency may
be apportioned up to the rate for operations necessary to avoid
furloughs within such department or agency, consistent with the
applicable appropriations Act for fiscal year 2023, except that such
authority provided under this section shall not be used until after the
department or agency has taken all necessary actions to reduce or defer
non-personnel-related administrative expenses.
Sec. 113. Funds appropriated by this Act may be obligated and
expended notwithstanding section 10 of Public Law 91-672 (22 U.S.C.
2412), section 15 of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2680), section 313 of the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and section 504(a)(1)
of the National Security Act of 1947 (50 U.S.C. 3094(a)(1)).
Sec. 114. (a) Each amount incorporated by reference in this Act
that was previously designated by the Congress as an emergency
requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th
Congress), the concurrent resolution on the budget for fiscal year
2022, and section 1(e) of H. Res. 1151 (117th Congress), as engrossed
in the House of Representatives on June 8, 2022, is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
(b) Each amount incorporated by reference in this Act that was
previously designated as being for disaster relief pursuant to a
concurrent resolution on the budget in the Senate and section 1(f) of
H. Res. 1151 (117th Congress), as engrossed in the House of
Representatives on June 8, 2022, is designated by the Congress as being
for disaster relief pursuant to section 251(b)(2)(D) of such Act.
(c) This section shall become effective immediately upon enactment
of this Act, and shall remain in effect through the date in section
106(3).
Sec. 115. (a) Rescissions or cancellations of discretionary budget
authority that continue pursuant to section 101 in Treasury
Appropriations Fund Symbols (TAFS)--
(1) to which other appropriations are not provided by this
Act, but for which there is a current applicable TAFS that does
receive an appropriation in this Act; or
(2) which are no-year TAFS and receive other appropriations
in this Act,
may be continued instead by reducing the rate for operations otherwise
provided by section 101 for such current applicable TAFS, as long as
doing so does not impinge on the final funding prerogatives of the
Congress.
(b) Rescissions or cancellations described in subsection (a) shall
continue in an amount equal to the lesser of--
(1) the amount specified for rescission or cancellation in
the applicable appropriations Act referenced in section 101 of
this Act; or
(2) the amount of balances available, as of October 1,
2023, from the funds specified for rescission or cancellation
in the applicable appropriations Act referenced in section 101
of this Act.
(c) No later than October 11, 2023, the Director of the Office of
Management and Budget shall provide to the Committees on Appropriations
of the House of Representatives and the Senate a comprehensive list of
the rescissions or cancellations that will continue pursuant to section
101: Provided, That the information in such comprehensive list shall
be periodically updated to reflect any subsequent changes in the amount
of balances available, as of October 1, 2023, from the funds specified
for rescission or cancellation in the applicable appropriations Act
referenced in section 101, and such updates shall be transmitted to the
Committees on Appropriations of the House of Representatives and the
Senate upon request.
Sec. 116. Amounts made available by section 101 for ``Farm Service
Agency--Agricultural Credit Insurance Fund Program Account'' may be
apportioned up to the rate for operations necessary to accommodate
approved applications for direct and guaranteed farm ownership loans,
as authorized by 7 U.S.C. 1922 et seq.
Sec. 117. Amounts made available by section 101 to the Department
of Agriculture for ``Rural Housing Service--Rental Assistance Program''
may be apportioned up to the rate for operations necessary to maintain
activities as authorized by section 521(a)(2) of the Housing Act of
1949.
Sec. 118. Section 260 of the Agricultural Marketing Act of 1946 (7
U.S.C. 1636i) and section 942 of the Livestock Mandatory Reporting Act
of 1999 (7 U.S.C. 1635 note; Public Law 106-78) shall be applied by
substituting the date specified in section 106(3) of this Act for
``September 30, 2023''.
Sec. 119. Notwithstanding sections 102 and 104 of this Act,
amounts made available by section 101(3) for the Department of Defense
may be apportioned up to the rate for operations necessary to
facilitate the programs and activities set forth in H.R. 4365, the
Department of Defense Appropriations Act, 2024, reported by the House
Committee on Appropriations on June 27, 2023, subject to the terms and
conditions therein.
Sec. 120. Notwithstanding sections 102 and 104 of this Act,
amounts made available by section 101 to the Department of Defense for
``Shipbuilding and Conversion, Navy'' shall be available for the
procurement of one Columbia Class Submarine.
Sec. 121. During the period covered by this Act, section
714(b)(2)(B) of title 10, United States Code, shall be applied by
substituting ``four years'' for ``two years''.
Sec. 122. In addition to amounts otherwise provided by section
101, amounts are provided for ``Department of Energy--Energy Programs--
Nuclear Energy'' at a rate for operations of $220,000,000: Provided,
That amounts are provided for necessary expenses related to Risk
Reduction for Future Demonstrations at a rate for operations of
$120,000,000 and Advanced Nuclear Fuel Availability at a rate for
operations of $100,000,000.
Sec. 123. Amounts made available by section 101 for ``Small
Business Administration--Business Loans Program Account'' may be
apportioned up to the rate for operations necessary to accommodate
increased demand for commitments for general business loans authorized
under paragraphs (1) through (35) of section 7(a) of the Small Business
Act (15 U.S.C. 636(a)), for commitments to guarantee trust certificates
authorized by section 5(g) of the Small Business Act (15 U.S.C.
634(g)), for commitments to guarantee loans under section 503 of the
Small Business Investment Act of 1958 (15 U.S.C. 697), and for
commitments to guarantee loans for debentures under section 303(b) of
the Small Business Investment Act of 1958 (15 U.S.C. 683(b)).
Sec. 124. Notwithstanding any other provision of this Act, except
section 106, the District of Columbia may expend local funds made
available under the heading ``District of Columbia--District of
Columbia Funds'' for such programs and activities under the District of
Columbia Appropriations Act, 2023 (title IV of division E of Public Law
117-328) at the rate set forth in the Fiscal Year 2024 Local Budget Act
of 2023 (D.C. Bill 25-161), as modified as of the date of enactment of
this Act.
Sec. 125. Amounts made available by section 101 to the Department
of Homeland Security under the heading ``Federal Emergency Management
Agency--Disaster Relief Fund'' may be apportioned up to the rate for
operations necessary to carry out response and recovery activities
under the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.).
Sec. 126. Amounts provided by section 101 shall not be made
available to utilize the U.S. Customs and Border Protection CBP One
Application, or any successor application, to facilitate the parole of
any alien into the United States.
Sec. 127. (a) Amounts provided by section 101 shall not be made
available to transport aliens unlawfully present in, paroled into, or
inadmissible to the United States into the interior of the United
States for purposes other than enforcement of the immigration laws (as
such term is defined in section 101 of the Immigration and Nationality
Act (8 U.S.C. 1101)).
(b) The limitation under subsection (a) shall not apply with
respect to amounts made available to transport unaccompanied alien
children (as such term is defined in section 462 of the Homeland
Security Act of 2002 (6 U.S.C. 279)).
Sec. 128. Amounts provided by section 101 shall not be made
available to issue any employment authorization document or similar
document to any alien whose application for asylum in the United States
has been denied, or who is convicted of a Federal or State crime while
his or her application for asylum in the United States is pending.
Sec. 129. Amounts provided by section 101 shall not be made
available to obligate, expend, or transfer to another Federal agency,
board, or commission to be used to dismantle, demolish, remove, or
damage existing United States-Mexico physical barriers at any location
where such barriers have been constructed as of the date of enactment
of this Act unless such barrier is simultaneously being repaired or
replaced.
Sec. 130. Amounts provided by section 101 shall not be made
available to implement, administer, or otherwise carry out the
activities and policies described in the memorandum issued by the
Secretary of Homeland Security on September 30, 2021, entitled
``Guidelines for the Enforcement of Civil Immigration Law'' or
described in the memorandum issued by Kerry Doyle, Immigration and
Customs Enforcement Principal Legal Advisor on April 3, 2022, entitled
``Guidance to OPLA Attorneys Regarding the Enforcement of Civil
Immigration Laws and the Exercise of 20 Prosecutorial Discretion'' or
any successor or similar memorandum or policy.
Sec. 131. Amounts provided by section 101 shall not be made
available to implement, administer, or otherwise carry out the policies
described in the directive issued by the Acting Commissioner of U.S.
Customs and Border Protection on January 10, 2023, entitled ``Emergency
Driving and Vehicular Pursuits''.
Sec. 132. Amounts provided by section 101 shall not be made
available to implement, administer, or enforce the rule entitled
``Procedures or Credible Fear Screening and Consideration of Asylum,
Withholding of Removal, and CAT Protection Claims by Asylum Officers''
(87 Fed. Reg. 18078).
Sec. 133. Amounts provided by section 101 shall not be made
available to release (including pursuant to parole or release pursuant
to section 236(a) of the Immigration and Nationality Act but excluding
as expressly authorized pursuant to section 212(d)(5)) an alien
described in section 235(b)(1)(A)(i)-(ii), (b)(1)(B), or (b)(2), other
than to be removed, including to a country described in section
208(a)(2)(A), or returned to a country as described in section
235(b)(3).
Sec. 134. Amounts provided by section 101 shall not be made
available to implement, administer, or enforce the rule related to
``Circumvention of Lawful Pathways'' (88 Fed. Reg. 11704).
Sec. 135. (a) Sections 1309(a) and 1319 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4016(a) and 4026) shall be applied by
substituting the date specified in section 106(3) of this Act for
``September 30, 2023''.
(b)(1) Subject to paragraph (2), this section shall become
effective immediately upon enactment of this Act.
(2) If this Act is enacted after September 30, 2023, this section
shall be applied as if it were in effect on September 30, 2023.
Sec. 136. (a) Of the amounts made available pursuant to section
40803(c)(2) of Public Law 117-58, the Secretary of Agriculture shall
transfer to the Secretary of the Interior such sums as are necessary to
continue without interruption the Federal wildland firefighter base
salary increase provided under Section 40803(d)(4)(B) of such Public
Law.
(b) In carrying out subsection (a), the Secretary of Agriculture--
(1) may make more than one transfer of funds under this
section; and
(2) may not transfer a total amount of funds greater than
$17,250,000.
(c) No funds transferred pursuant to this section may be obligated
without prior written notification, to the Committees on Appropriations
of the House of Representatives and the Senate, of the date of the
transfer, the total amount to be transferred, and the remaining funds
available for transfer.
Sec. 137. Notwithstanding section 101, section 126 of Division J
of Public Law 117-328 shall be applied during the period covered by
this Act by substituting ``fiscal year 2017, fiscal year 2018, and
fiscal year 2019'' for ``fiscal year 2017 and fiscal year 2018''.
This division may be cited as the ``Continuing Appropriations Act,
2024''.
DIVISION B--OTHER MATTERS
SEC. 101. STATUTORY PAYGO SCORECARDS.
The budgetary effects of this division and each succeeding division
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. 102. SENATE PAYGO SCORECARDS.
The budgetary effects of this division and each succeeding division
shall not be entered on any PAYGO scorecard maintained for purposes of
section 4106 of H. Con. Res. 71 (115th Congress).
SEC. 103. CLASSIFICATION OF BUDGETARY EFFECTS.
Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines set
forth in the joint explanatory statement of the committee of conference
accompanying Conference Report 105-217 and section 250(c)(8) of the
Balanced Budget and Emergency Deficit Control Act of 1985, the
budgetary effects of this division and each succeeding division shall
not be estimated--
(1) for purposes of section 251 of such Act;
(2) for purposes of an allocation to the Committee on
Appropriations pursuant to section 302(a) of the Congressional
Budget Act of 1974; and
(3) for purposes of paragraph (4)(C) of section 3 of the
Statutory Pay-As-You-Go Act of 2010 as being included in an
appropriation Act.
DIVISION C--BORDER SECURITY
SEC. 101. DEFINITIONS.
In this division:
(1) CBP.--The term ``CBP'' means U.S. Customs and Border
Protection.
(2) Commissioner.--The term ``Commissioner'' means the
Commissioner of U.S. Customs and Border Protection.
(3) Department.--The term ``Department'' means the
Department of Homeland Security.
(4) Operational control.--The term ``operational control''
has the meaning given such term in section 2(b) of the Secure
Fence Act of 2006 (Public Law 109-367; 8 U.S.C. 1701 note).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(6) Situational awareness.--The term ``situational
awareness'' has the meaning given such term in section
1092(a)(7) of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 6 U.S.C. 223(a)(7)).
(7) Unmanned aircraft system.--The term ``unmanned aircraft
system'' has the meaning given such term in section 44801 of
title 49, United States Code.
SEC. 102. BORDER WALL CONSTRUCTION.
(a) In General.--
(1) Immediate resumption of border wall construction.--Not
later than seven days after the date of the enactment of this
Act, the Secretary shall resume all activities related to the
construction of the border wall along the border between the
United States and Mexico that were underway or being planned
for prior to January 20, 2021.
(2) Use of funds.--To carry out this section, the Secretary
shall expend all unexpired funds appropriated or explicitly
obligated for the construction of the border wall that were
appropriated or obligated, as the case may be, for use
beginning on October 1, 2019.
(3) Use of materials.--Any unused materials purchased
before the date of the enactment of this Act for construction
of the border wall may be used for activities related to the
construction of the border wall in accordance with paragraph
(1).
(b) Plan To Complete Tactical Infrastructure and Technology.--Not
later than 90 days after the date of the enactment of this Act and
annually thereafter until construction of the border wall has been
completed, the Secretary shall submit to the appropriate congressional
committees an implementation plan, including annual benchmarks for the
construction of 200 miles of such wall and associated cost estimates
for satisfying all requirements of the construction of the border wall,
including installation and deployment of tactical infrastructure,
technology, and other elements as identified by the Department prior to
January 20, 2021, through the expenditure of funds appropriated or
explicitly obligated, as the case may be, for use, as well as any
future funds appropriated or otherwise made available by Congress.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Homeland Security and the Committee on Appropriations of the
House of Representatives and the Committee on Homeland Security
and Governmental Affairs and the Committee on Appropriations of
the Senate.
(2) Tactical infrastructure.--The term ``tactical
infrastructure'' includes boat ramps, access gates,
checkpoints, lighting, and roads associated with a border wall.
(3) Technology.--The term ``technology'' includes border
surveillance and detection technology, including linear ground
detection systems, associated with a border wall.
SEC. 103. 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 southwest border
to achieve situational awareness and operational control of the
southwest border and deter, impede, and detect unlawful activity.'';
(2) in subsection (b)--
(A) in the subsection heading, by striking
``Fencing and Road Improvements'' and inserting
``Physical Barriers'';
(B) in paragraph (1)--
(i) in the heading, by striking ``fencing''
and inserting ``barriers'';
(ii) by amending subparagraph (A) to read
as follows:
``(A) Reinforced barriers.--In carrying out this
section, the Secretary of Homeland Security shall
construct a border wall, including physical barriers,
tactical infrastructure, and technology, along not
fewer than 900 miles of the southwest border until
situational awareness and operational control of the
southwest border is achieved.'';
(iii) by amending subparagraph (B) to read
as follows:
``(B) Physical barriers and tactical
infrastructure.--In carrying out this section, the
Secretary of Homeland Security shall deploy along the
southwest border the most practical and effective
physical barriers, tactical infrastructure, and
technology available for achieving situational
awareness and operational control of the southwest
border.'';
(iv) in subparagraph (C)--
(I) by amending clause (i) to read
as follows:
``(i) In general.--In carrying out this
section, the Secretary of Homeland Security
shall consult with the Secretary of the
Interior, the Secretary of Agriculture,
appropriate representatives of State, Tribal,
and local governments, and appropriate private
property owners in the United States to
minimize the impact on natural resources,
commerce, and sites of historical or cultural
significance for the communities and residents
located near the sites at which physical
barriers, tactical infrastructure, and
technology are to be constructed. Such
consultation may not delay such construction
for longer than seven days.''; and
(II) in clause (ii)--
(aa) in subclause (I), by
striking ``or'' after the
semicolon at the end;
(bb) by amending subclause
(II) to read as follows:
``(II) delay the transfer to the
United States of the possession of
property or affect the validity of any
property acquisition by the United
States by purchase or eminent domain,
or to otherwise affect the eminent
domain laws of the United States or of
any State; or''; and
(cc) by adding at the end
the following new subclause:
``(III) create any right or
liability for any party.''; and
(v) by striking subparagraph (D);
(C) in paragraph (2)--
(i) by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security'';
(ii) by striking ``this subsection'' and
inserting ``this section''; and
(iii) by striking ``construction of
fences'' and inserting ``the construction of
physical barriers, tactical infrastructure, and
technology'';
(D) by amending paragraph (3) to read as follows:
``(3) Agent safety.--In carrying out this section, the
Secretary of Homeland Security, when designing, testing,
constructing, installing, deploying, integrating, and operating
physical barriers, tactical infrastructure, or technology,
shall incorporate such safety features into such design, test,
construction, installation, deployment, integration, or
operation of such physical barriers, tactical infrastructure,
or technology, as the case may be, that the Secretary
determines are necessary to maximize the safety and
effectiveness of officers and agents of the Department of
Homeland Security or of any other Federal agency deployed in
the vicinity of such physical barriers, tactical
infrastructure, or technology.''; and
(E) in paragraph (4), by striking ``this
subsection'' and inserting ``this section'';
(3) in subsection (c)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--Notwithstanding any other provision of
law, the Secretary of Homeland Security shall waive all legal
requirements necessary to ensure the expeditious design,
testing, construction, installation, deployment, integration,
operation, and maintenance of the physical barriers, tactical
infrastructure, and technology under this section. The
Secretary shall ensure the maintenance and effectiveness of
such physical barriers, tactical infrastructure, or technology.
Any such action by the Secretary shall be effective upon
publication in the Federal Register.'';
(B) by redesignating paragraph (2) as paragraph
(3); and
(C) by inserting after paragraph (1) the following
new paragraph:
``(2) Notification.--Not later than seven days after the
date on which the Secretary of Homeland Security exercises a
waiver pursuant to paragraph (1), the Secretary shall notify
the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate of such waiver.''; and
(4) by adding at the end the following new subsections:
``(e) Technology.--In carrying out this section, the Secretary of
Homeland Security shall deploy along the southwest border the most
practical and effective technology available for achieving situational
awareness and operational control.
``(f) Definitions.--In this section:
``(1) Advanced unattended surveillance sensors.--The term
`advanced unattended surveillance sensors' means sensors that
utilize an onboard computer to analyze detections in an effort
to discern between vehicles, humans, and animals, and
ultimately filter false positives prior to transmission.
``(2) Operational control.--The term `operational control'
has the meaning given such term in section 2(b) of the Secure
Fence Act of 2006 (Public Law 109-367; 8 U.S.C. 1701 note).
``(3) Physical barriers.--The term `physical barriers'
includes reinforced fencing, the border wall, and levee walls.
``(4) Situational awareness.--The term `situational
awareness' has the meaning given such term in section
1092(a)(7) of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 6 U.S.C. 223(a)(7)).
``(5) Tactical infrastructure.--The term `tactical
infrastructure' includes boat ramps, access gates, checkpoints,
lighting, and roads.
``(6) Technology.--The term `technology' includes border
surveillance and detection technology, including the following:
``(A) Tower-based surveillance technology.
``(B) Deployable, lighter-than-air ground
surveillance equipment.
``(C) Vehicle and Dismount Exploitation Radars
(VADER).
``(D) 3-dimensional, seismic acoustic detection and
ranging border tunneling detection technology.
``(E) Advanced unattended surveillance sensors.
``(F) Mobile vehicle-mounted and man-portable
surveillance capabilities.
``(G) Unmanned aircraft systems.
``(H) Tunnel detection systems and other seismic
technology.
``(I) Fiber-optic cable.
``(J) Other border detection, communication, and
surveillance technology.
``(7) Unmanned aircraft system.--The term `unmanned
aircraft system' has the meaning given such term in section
44801 of title 49, United States Code.''.
SEC. 104. BORDER AND PORT SECURITY TECHNOLOGY INVESTMENT PLAN.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Commissioner, in consultation with covered
officials and border and port security technology stakeholders, shall
submit to the appropriate congressional committees a strategic 5-year
technology investment plan (in this section referred to as the
``plan''). The plan may include a classified annex, if appropriate.
(b) Contents of Plan.--The plan shall include the following:
(1) An analysis of security risks at and between ports of
entry along the northern and southern borders of the United
States.
(2) An identification of capability gaps with respect to
security at and between such ports of entry to be mitigated in
order to--
(A) prevent terrorists and instruments of terror
from entering the United States;
(B) combat and reduce cross-border criminal
activity, including--
(i) the transport of illegal goods, such as
illicit drugs; and
(ii) human smuggling and human trafficking;
and
(C) facilitate the flow of legal trade across the
southwest border.
(3) An analysis of current and forecast trends relating to
the number of aliens who--
(A) unlawfully entered the United States by
crossing the northern or southern border of the United
States; or
(B) are unlawfully present in the United States.
(4) A description of security-related technology
acquisitions, to be listed in order of priority, to address the
security risks and capability gaps analyzed and identified
pursuant to paragraphs (1) and (2), respectively.
(5) A description of each planned security-related
technology program, including objectives, goals, and timelines
for each such program.
(6) An identification of each deployed security-related
technology that is at or near the end of the life cycle of such
technology.
(7) A description of the test, evaluation, modeling, and
simulation capabilities, including target methodologies,
rationales, and timelines, necessary to support the acquisition
of security-related technologies pursuant to paragraph (4).
(8) An identification and assessment of ways to increase
opportunities for communication and collaboration with the
private sector, small and disadvantaged businesses,
intragovernment entities, university centers of excellence, and
federal laboratories to ensure CBP is able to engage with the
market for security-related technologies that are available to
satisfy its mission needs before engaging in an acquisition of
a security-related technology.
(9) An assessment of the management of planned security-
related technology programs by the acquisition workforce of
CBP.
(10) An identification of ways to leverage already-existing
acquisition expertise within the Federal Government.
(11) A description of the security resources, including
information security resources, required to protect security-
related technology from physical or cyber theft, diversion,
sabotage, or attack.
(12) A description of initiatives to--
(A) streamline the acquisition process of CBP; and
(B) provide to the private sector greater
predictability and transparency with respect to such
process, including information relating to the timeline
for testing and evaluation of security-related
technology.
(13) An assessment of the privacy and security impact on
border communities of security-related technology.
(14) In the case of a new acquisition leading to the
removal of equipment from a port of entry along the northern or
southern border of the United States, a strategy to consult
with the private sector and community stakeholders affected by
such removal.
(15) A strategy to consult with the private sector and
community stakeholders with respect to security impacts at a
port of entry described in paragraph (14).
(16) An identification of recent technological advancements
in the following:
(A) Manned aircraft sensor, communication, and
common operating picture technology.
(B) Unmanned aerial systems and related technology,
including counter-unmanned aerial system technology.
(C) Surveillance technology, including the
following:
(i) Mobile surveillance vehicles.
(ii) Associated electronics, including
cameras, sensor technology, and radar.
(iii) Tower-based surveillance technology.
(iv) Advanced unattended surveillance
sensors.
(v) Deployable, lighter-than-air, ground
surveillance equipment.
(D) Nonintrusive inspection technology, including
non-x-ray devices utilizing muon tomography and other
advanced detection technology.
(E) Tunnel detection technology.
(F) Communications equipment, including the
following:
(i) Radios.
(ii) Long-term evolution broadband.
(iii) Miniature satellites.
(c) Leveraging the Private Sector.--To the extent practicable, the
plan shall--
(1) leverage emerging technological capabilities, and
research and development trends, within the public and private
sectors;
(2) incorporate input from the private sector, including
from border and port security stakeholders, through requests
for information, industry day events, and other innovative
means consistent with the Federal Acquisition Regulation; and
(3) identify security-related technologies that are in
development or deployed, with or without adaptation, that may
satisfy the mission needs of CBP.
(d) Form.--To the extent practicable, the plan shall be published
in unclassified form on the website of the Department.
(e) Disclosure.--The plan shall include an identification of
individuals not employed by the Federal Government, and their
professional affiliations, who contributed to the development of the
plan.
(f) Update and Report.--Not later than the date that is two years
after the date on which the plan is submitted to the appropriate
congressional committees pursuant to subsection (a) and biennially
thereafter for ten years, the Commissioner shall submit to the
appropriate congressional committees--
(1) an update of the plan, if appropriate; and
(2) a report that includes--
(A) the extent to which each security-related
technology acquired by CBP since the initial submission
of the plan or most recent update of the plan, as the
case may be, is consistent with the planned technology
programs and projects described pursuant to subsection
(b)(5); and
(B) the type of contract and the reason for
acquiring each such security-related technology.
(g) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and the
Committee on Appropriations of the House of
Representatives; and
(B) the Committee on Homeland Security and
Governmental Affairs and the Committee on
Appropriations of the Senate.
(2) Covered officials.--The term ``covered officials''
means--
(A) the Under Secretary for Management of the
Department;
(B) the Under Secretary for Science and Technology
of the Department; and
(C) the Chief Information Officer of the
Department.
(3) Unlawfully present.--The term ``unlawfully present''
has the meaning provided such term in section 212(a)(9)(B)(ii)
of the Immigration and Nationality Act (8 U.S.C.
1182(a)(9)(B)(ii)).
SEC. 105. BORDER SECURITY TECHNOLOGY PROGRAM MANAGEMENT.
(a) In General.--Subtitle C of title IV of the Homeland Security
Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the
following new section:
``SEC. 437. BORDER SECURITY TECHNOLOGY PROGRAM MANAGEMENT.
``(a) Major Acquisition Program Defined.--In this section, the term
`major acquisition program' means an acquisition program of the
Department that is estimated by the Secretary to require an eventual
total expenditure of at least $100,000,000 (based on fiscal year 2023
constant dollars) over its life-cycle cost.
``(b) Planning Documentation.--For each border security technology
acquisition program of the Department that is determined to be a major
acquisition program, the Secretary shall--
``(1) ensure that each such program has a written
acquisition program baseline approved by the relevant
acquisition decision authority;
``(2) document that each such program is satisfying cost,
schedule, and performance thresholds as specified in such
baseline, in compliance with relevant departmental acquisition
policies and the Federal Acquisition Regulation; and
``(3) have a plan for satisfying program implementation
objectives by managing contractor performance.
``(c) Adherence to Standards.--The Secretary, acting through the
Under Secretary for Management and the Commissioner of U.S. Customs and
Border Protection, shall ensure border security technology acquisition
program managers who are responsible for carrying out this section
adhere to relevant internal control standards identified by the
Comptroller General of the United States. The Commissioner shall
provide information, as needed, to assist the Under Secretary in
monitoring management of border security technology acquisition
programs under this section.
``(d) Plan.--The Secretary, acting through the Under Secretary for
Management, in coordination with the Under Secretary for Science and
Technology and the Commissioner of U.S. Customs and Border Protection,
shall submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate a plan for testing, evaluating, and using
independent verification and validation of resources relating to the
proposed acquisition of border security technology. Under such plan,
the proposed acquisition of new border security technologies shall be
evaluated through a series of assessments, processes, and audits to
ensure--
``(1) compliance with relevant departmental acquisition
policies and the Federal Acquisition Regulation; and
``(2) the effective use of taxpayer dollars.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 436 the following new item:
``Sec. 437. Border security technology program management.''.
(c) Prohibition on Additional Authorization of Appropriations.--No
additional funds are authorized to be appropriated to carry out section
437 of the Homeland Security Act of 2002, as added by subsection (a).
SEC. 106. U.S. CUSTOMS AND BORDER PROTECTION TECHNOLOGY UPGRADES.
(a) Secure Communications.--The Commissioner shall ensure that each
CBP officer or agent, as appropriate, is equipped with a secure radio
or other two-way communication device that allows each such officer or
agent to communicate--
(1) between ports of entry and inspection stations; and
(2) with other Federal, State, Tribal, and local law
enforcement entities.
(b) Border Security Deployment Program.--
(1) Expansion.--Not later than September 30, 2025, the
Commissioner shall--
(A) fully implement the Border Security Deployment
Program of CBP; and
(B) expand the integrated surveillance and
intrusion detection system at land ports of entry along
the northern and southern borders of the United States.
(2) Authorization of appropriations.--In addition to
amounts otherwise authorized to be appropriated for such
purpose, there is authorized to be appropriated $33,000,000 for
fiscal years 2024 and 2025 to carry out paragraph (1).
(c) Upgrade of License Plate Readers at Ports of Entry.--
(1) Upgrade.--Not later than two years after the date of
the enactment of this Act, the Commissioner shall upgrade all
existing license plate readers in need of upgrade, as
determined by the Commissioner, on the northern and southern
borders of the United States.
(2) Authorization of appropriations.--In addition to
amounts otherwise authorized to be appropriated for such
purpose, there is authorized to be appropriated $125,000,000
for fiscal years 2023 and 2024 to carry out paragraph (1).
SEC. 107. U.S. CUSTOMS AND BORDER PROTECTION PERSONNEL.
(a) Retention Bonus.--To carry out this section, there is
authorized to be appropriated up to $100,000,000 to the Commissioner to
provide a retention bonus to any front-line U.S. Border Patrol law
enforcement agent--
(1) whose position is equal to or below level GS-12 of the
General Schedule;
(2) who has five years or more of service with the U.S.
Border Patrol; and
(3) who commits to two years of additional service with the
U.S. Border Patrol upon acceptance of such bonus.
(b) Border Patrol Agents.--Not later than September 30, 2025, the
Commissioner shall hire, train, and assign a sufficient number of
Border Patrol agents to maintain an active duty presence of not fewer
than 22,000 full-time equivalent Border Patrol agents, who may not
perform the duties of processing coordinators.
(c) Prohibition Against Alien Travel.--No personnel or equipment of
Air and Marine Operations may be used for the transportation of non-
detained aliens, or detained aliens expected to be administratively
released upon arrival, from the southwest border to destinations within
the United States.
(d) GAO Report.--If the staffing level required under this section
is not achieved by the date associated with such level, the Comptroller
General of the United States shall--
(1) conduct a review of the reasons why such level was not
so achieved; and
(2) not later than September 30, 2027, publish on a
publicly available website of the Government Accountability
Office a report relating thereto.
SEC. 108. ANTI-BORDER CORRUPTION ACT REAUTHORIZATION.
(a) Hiring Flexibility.--Section 3 of the Anti-Border Corruption
Act of 2010 (6 U.S.C. 221; Public Law 111-376) is amended by striking
subsection (b) and inserting the following new subsections:
``(b) Waiver Requirement.--Subject to subsection (c), the
Commissioner of U.S. Customs and Border Protection shall waive the
application of subsection (a)(1)--
``(1) to a current, full-time law enforcement officer
employed by a State or local law enforcement agency who--
``(A) has continuously served as a law enforcement
officer for not fewer than three years;
``(B) is authorized by law to engage in or
supervise the prevention, detection, investigation, or
prosecution of, or the incarceration of any person for,
any violation of law, and has statutory powers for
arrest or apprehension; and
``(C) is not currently under investigation, has not
been found to have engaged in criminal activity or
serious misconduct, has not resigned from a law
enforcement officer position under investigation or in
lieu of termination, and has not been dismissed from a
law enforcement officer position;
``(2) to a current, full-time Federal law enforcement
officer who--
``(A) has continuously served as a law enforcement
officer for not fewer than three years;
``(B) is authorized to make arrests, conduct
investigations, conduct searches, make seizures, carry
firearms, and serve orders, warrants, and other
processes;
``(C) is not currently under investigation, has not
been found to have engaged in criminal activity or
serious misconduct, has not resigned from a law
enforcement officer position under investigation or in
lieu of termination, and has not been dismissed from a
law enforcement officer position; and
``(D) holds a current Tier 4 background
investigation or current Tier 5 background
investigation; or
``(3) to a member of the Armed Forces (or a reserve
component thereof) or a veteran, if such individual--
``(A) has served in the Armed Forces for not fewer
than three years;
``(B) holds, or has held within the past five
years, a Secret, Top Secret, or Top Secret/Sensitive
Compartmented Information clearance;
``(C) holds, or has undergone within the past five
years, a current Tier 4 background investigation or
current Tier 5 background investigation;
``(D) received, or is eligible to receive, an
honorable discharge from service in the Armed Forces
and has not engaged in criminal activity or committed a
serious military or civil offense under the Uniform
Code of Military Justice; and
``(E) was not granted any waivers to obtain the
clearance referred to in subparagraph (B).
``(c) Termination of Waiver Requirement; Snap-Back.--The
requirement to issue a waiver under subsection (b) shall terminate if
the Commissioner of U.S. Customs and Border Protection (CBP) certifies
to the Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs of the
Senate that CBP has met all requirements pursuant to section 107 of the
Secure the Border Act of 2023 relating to personnel levels. If at any
time after such certification personnel levels fall below such
requirements, the Commissioner shall waive the application of
subsection (a)(1) until such time as the Commissioner re-certifies to
such Committees that CBP has so met all such requirements.''.
(b) Supplemental Commissioner Authority; Reporting; Definitions.--
The Anti-Border Corruption Act of 2010 is amended by adding at the end
the following new sections:
``SEC. 5. SUPPLEMENTAL COMMISSIONER AUTHORITY.
``(a) Nonexemption.--An individual who receives a waiver under
section 3(b) is not exempt from any other hiring requirements relating
to suitability for employment and eligibility to hold a national
security designated position, as determined by the Commissioner of U.S.
Customs and Border Protection.
``(b) Background Investigations.--An individual who receives a
waiver under section 3(b) who holds a current Tier 4 background
investigation shall be subject to a Tier 5 background investigation.
``(c) Administration of Polygraph Examination.--The Commissioner of
U.S. Customs and Border Protection is authorized to administer a
polygraph examination to an applicant or employee who is eligible for
or receives a waiver under section 3(b) if information is discovered
before the completion of a background investigation that results in a
determination that a polygraph examination is necessary to make a final
determination regarding suitability for employment or continued
employment, as the case may be.
``SEC. 6. REPORTING.
``(a) Annual Report.--Not later than one year after the date of the
enactment of this section and annually thereafter while the waiver
authority under section 3(b) is in effect, the Commissioner of U.S.
Customs and Border Protection shall submit to Congress a report that
includes, with respect to each such reporting period, the following:
``(1) Information relating to the number of waivers granted
under such section 3(b).
``(2) Information relating to the percentage of applicants
who were hired after receiving such a waiver.
``(3) Information relating to the number of instances that
a polygraph was administered to an applicant who initially
received such a waiver and the results of such polygraph.
``(4) An assessment of the current impact of such waiver
authority on filling law enforcement positions at U.S. Customs
and Border Protection.
``(5) An identification of additional authorities needed by
U.S. Customs and Border Protection to better utilize such
waiver authority for its intended goals.
``(b) Additional Information.--The first report submitted under
subsection (a) shall include the following:
``(1) An analysis of other methods of employment
suitability tests that detect deception and could be used in
conjunction with traditional background investigations to
evaluate potential applicants or employees for suitability for
employment or continued employment, as the case may be.
``(2) A recommendation regarding whether a test referred to
in paragraph (1) should be adopted by U.S. Customs and Border
Protection when the polygraph examination requirement is waived
pursuant to section 3(b).
``SEC. 7. DEFINITIONS.
``In this Act:
``(1) Federal law enforcement officer.--The term `Federal
law enforcement officer' means a `law enforcement officer', as
such term is defined in section 8331(20) or 8401(17) of title
5, United States Code.
``(2) Serious military or civil offense.--The term `serious
military or civil offense' means an offense for which--
``(A) a member of the Armed Forces may be
discharged or separated from service in the Armed
Forces; and
``(B) a punitive discharge is, or would be,
authorized for the same or a closely related offense
under the Manual for Court-Martial, as pursuant to Army
Regulation 635-200, chapter 14-12.
``(3) Tier 4; tier 5.--The terms `Tier 4' and `Tier 5',
with respect to background investigations, have the meaning
given such terms under the 2012 Federal Investigative
Standards.
``(4) Veteran.--The term `veteran' has the meaning given
such term in section 101(2) of title 38, United States Code.''.
(c) Polygraph Examiners.--Not later than September 30, 2025, the
Secretary shall increase to not fewer than 150 the number of trained
full-time equivalent polygraph examiners for administering polygraphs
under the Anti-Border Corruption Act of 2010, as amended by this
section.
SEC. 109. ESTABLISHMENT OF WORKLOAD STAFFING MODELS FOR U.S. BORDER
PATROL AND AIR AND MARINE OPERATIONS OF CBP.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Commissioner, in coordination with the Under
Secretary for Management, the Chief Human Capital Officer, and the
Chief Financial Officer of the Department, shall implement a workload
staffing model for each of the following:
(1) The U.S. Border Patrol.
(2) Air and Marine Operations of CBP.
(b) Responsibilities of the Commissioner.--Subsection (c) of
section 411 of the Homeland Security Act of 2002 (6 U.S.C. 211), is
amended--
(1) by redesignating paragraphs (18) and (19) as paragraphs
(20) and (21), respectively; and
(2) by inserting after paragraph (17) the following new
paragraphs:
``(18) implement a staffing model for the U.S. Border
Patrol, Air and Marine Operations, and the Office of Field
Operations that includes consideration for essential frontline
operator activities and functions, variations in operating
environments, present and planned infrastructure, present and
planned technology, and required operations support levels to
enable such entities to manage and assign personnel of such
entities to ensure field and support posts possess adequate
resources to carry out duties specified in this section;
``(19) develop standard operating procedures for a
workforce tracking system within the U.S. Border Patrol, Air
and Marine Operations, and the Office of Field Operations,
train the workforce of each of such entities on the use,
capabilities, and purpose of such system, and implement
internal controls to ensure timely and accurate scheduling and
reporting of actual completed work hours and activities;''.
(c) Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act with respect to subsection (a) and
paragraphs (18) and (19) of section 411(c) of the Homeland
Security Act of 2002 (as amended by subsection (b)), and
annually thereafter with respect to such paragraphs (18) and
(19), the Secretary shall submit to the appropriate
congressional committees a report that includes a status update
on the following:
(A) The implementation of such subsection (a) and
such paragraphs (18) and (19).
(B) Each relevant workload staffing model.
(2) Data sources and methodology required.--Each report
required under paragraph (1) shall include information relating
to the data sources and methodology used to generate each
relevant staffing model.
(d) Inspector General Review.--Not later than 90 days after the
Commissioner develops the workload staffing models pursuant to
subsection (a), the Inspector General of the Department shall review
such models and provide feedback to the Secretary and the appropriate
congressional committees with respect to the degree to which such
models are responsive to the recommendations of the Inspector General,
including the following:
(1) Recommendations from the Inspector General's February
2019 audit.
(2) Any further recommendations to improve such models.
(e) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Homeland Security of the House of
Representatives; and
(2) the Committee on Homeland Security and Governmental
Affairs of the Senate.
SEC. 110. OPERATION STONEGARDEN.
(a) In General.--Subtitle A of title XX of the Homeland Security
Act of 2002 (6 U.S.C. 601 et seq.) is amended by adding at the end the
following new section:
``SEC. 2010. OPERATION STONEGARDEN.
``(a) Establishment.--There is established in the Department a
program to be known as `Operation Stonegarden', under which the
Secretary, acting through the Administrator, shall make grants to
eligible law enforcement agencies, through State administrative
agencies, to enhance border security in accordance with this section.
``(b) Eligible Recipients.--To be eligible to receive a grant under
this section, a law enforcement agency shall--
``(1) be located in--
``(A) a State bordering Canada or Mexico; or
``(B) a State or territory with a maritime border;
``(2) be involved in an active, ongoing, U.S. Customs and
Border Protection operation coordinated through a U.S. Border
Patrol sector office; and
``(3) have an agreement in place with U.S. Immigration and
Customs Enforcement to support enforcement operations.
``(c) Permitted Uses.--A recipient of a grant under this section
may use such grant for costs associated with the following:
``(1) Equipment, including maintenance and sustainment.
``(2) Personnel, including overtime and backfill, in
support of enhanced border law enforcement activities.
``(3) Any activity permitted for Operation Stonegarden
under the most recent fiscal year Department of Homeland
Security's Homeland Security Grant Program Notice of Funding
Opportunity.
``(d) Period of Performance.--The Secretary shall award grants
under this section to grant recipients for a period of not fewer than
36 months.
``(e) Notification.--Upon denial of a grant to a law enforcement
agency, the Administrator shall provide written notice to the Committee
on Homeland Security of the House of Representatives and the Committee
on Homeland Security and Governmental Affairs of the Senate, including
the reasoning for such denial.
``(f) Report.--For each of fiscal years 2024 through 2028 the
Administrator shall submit to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report that contains--
``(1) information on the expenditure of grants made under
this section by each grant recipient; and
``(2) recommendations for other uses of such grants to
further support eligible law enforcement agencies.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated $110,000,000 for each of fiscal years 2024 through 2028
for grants under this section.''.
(b) Conforming Amendment.--Subsection (a) of section 2002 of the
Homeland Security Act of 2002 (6 U.S.C. 603) is amended to read as
follows:
``(a) Grants Authorized.--The Secretary, through the Administrator,
may award grants under sections 2003, 2004, 2009, and 2010 to State,
local, and Tribal governments, as appropriate.''.
(c) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 2009 the following new item:
``Sec. 2010. Operation Stonegarden.''.
SEC. 111. AIR AND MARINE OPERATIONS FLIGHT HOURS.
(a) Air and Marine Operations Flight Hours.--Not later than 120
days after the date of the enactment of this Act, the Secretary shall
ensure that not fewer than 110,000 annual flight hours are carried out
by Air and Marine Operations of CBP.
(b) Unmanned Aircraft Systems.--The Secretary, after coordination
with the Administrator of the Federal Aviation Administration, shall
ensure that Air and Marine Operations operate unmanned aircraft systems
on the southern border of the United States for not less than 24 hours
per day.
(c) Primary Missions.--The Commissioner shall ensure the following:
(1) The primary missions for Air and Marine Operations are
to directly support the following:
(A) U.S. Border Patrol activities along the borders
of the United States.
(B) Joint Interagency Task Force South and Joint
Task Force East operations in the transit zone.
(2) The Executive Assistant Commissioner of Air and Marine
Operations assigns the greatest priority to support missions
specified in paragraph (1).
(d) High Demand Flight Hour Requirements.--The Commissioner shall--
(1) ensure that U.S. Border Patrol Sector Chiefs identify
air support mission-critical hours; and
(2) direct Air and Marine Operations to support requests
from such Sector Chiefs as a component of the primary mission
of Air and Marine Operations in accordance with subsection
(c)(1)(A).
(e) Contract Air Support Authorizations.--The Commissioner shall
contract for air support mission-critical hours to meet the requests
for such hours, as identified pursuant to subsection (d).
(f) Small Unmanned Aircraft Systems.--
(1) In general.--The Chief of the U.S. Border Patrol shall
be the executive agent with respect to the use of small
unmanned aircraft by CBP for the purposes of the following:
(A) Meeting the unmet flight hour operational
requirements of the U.S. Border Patrol.
(B) Achieving situational awareness and operational
control of the borders of the United States.
(2) Coordination.--In carrying out paragraph (1), the Chief
of the U.S. Border Patrol shall coordinate--
(A) flight operations with the Administrator of the
Federal Aviation Administration to ensure the safe and
efficient operation of the national airspace system;
and
(B) with the Executive Assistant Commissioner for
Air and Marine Operations of CBP to--
(i) ensure the safety of other CBP aircraft
flying in the vicinity of small unmanned
aircraft operated by the U.S. Border Patrol;
and
(ii) establish a process to include data
from flight hours in the calculation of got
away statistics.
(3) Conforming amendment.--Paragraph (3) of section 411(e)
of the Homeland Security Act of 2002 (6 U.S.C. 211(e)) is
amended--
(A) in subparagraph (B), by striking ``and'' after
the semicolon at the end;
(B) by redesignating subparagraph (C) as
subparagraph (D); and
(C) by inserting after subparagraph (B) the
following new subparagraph:
``(C) carry out the small unmanned aircraft (as
such term is defined in section 44801 of title 49,
United States Code) requirements pursuant to subsection
(f) of section 111 of the Secure the Border Act of
2023; and''.
(g) Savings Clause.--Nothing in this section may be construed as
conferring, transferring, or delegating to the Secretary, the
Commissioner, the Executive Assistant Commissioner for Air and Marine
Operations of CBP, or the Chief of the U.S. Border Patrol any authority
of the Secretary of Transportation or the Administrator of the Federal
Aviation Administration relating to the use of airspace or aviation
safety.
(h) Definitions.--In this section:
(1) Got away.--The term ``got away'' has the meaning given
such term in section 1092(a)(3) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 6
U.S.C. 223(a)(3)).
(2) Transit zone.--The term ``transit zone'' has the
meaning given such term in section 1092(a)(8) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-
328; 6 U.S.C. 223(a)(8)).
SEC. 112. ERADICATION OF CARRIZO CANE AND SALT CEDAR.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, the Secretary, in coordination with the heads of
relevant Federal, State, and local agencies, shall hire contractors to
begin eradicating the carrizo cane plant and any salt cedar along the
Rio Grande River that impedes border security operations. Such
eradication shall be completed--
(1) by not later than September 30, 2027, except for
required maintenance; and
(2) in the most expeditious and cost-effective manner
possible to maintain clear fields of view.
(b) Application.--The waiver authority under subsection (c) of
section 102 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1103 note), as amended by section
103 of this division, shall apply to activities carried out pursuant to
subsection (a).
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the Committee on
Homeland Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate a strategic
plan to eradicate all carrizo cane plant and salt cedar along the Rio
Grande River that impedes border security operations by not later than
September 30, 2027.
(d) Authorization of Appropriations.--There is authorized to be
appropriated $7,000,000 for each of fiscal years 2024 through 2028 to
the Secretary to carry out this subsection.
SEC. 113. BORDER PATROL STRATEGIC PLAN.
(a) In General.--Not later than one year after the date of the
enactment of this Act and biennially thereafter, the Commissioner,
acting through the Chief of the U.S. Border Patrol, shall issue a
Border Patrol Strategic Plan (referred to in this section as the
``plan'') to enhance the security of the borders of the United States.
(b) Elements.--The plan shall include the following:
(1) A consideration of Border Patrol Capability Gap
Analysis reporting, Border Security Improvement Plans, and any
other strategic document authored by the U.S. Border Patrol to
address security gaps between ports of entry, including efforts
to mitigate threats identified in such analyses, plans, and
documents.
(2) Information relating to the dissemination of
information relating to border security or border threats with
respect to the efforts of the Department and other appropriate
Federal agencies.
(3) Information relating to efforts by U.S. Border Patrol
to--
(A) increase situational awareness, including--
(i) surveillance capabilities, such as
capabilities developed or utilized by the
Department of Defense, and any appropriate
technology determined to be excess by the
Department of Defense; and
(ii) the use of manned aircraft and
unmanned aircraft;
(B) detect and prevent terrorists and instruments
of terrorism from entering the United States;
(C) detect, interdict, and disrupt between ports of
entry aliens unlawfully present in the United States;
(D) detect, interdict, and disrupt human smuggling,
human trafficking, drug trafficking, and other illicit
cross-border activity;
(E) focus intelligence collection to disrupt
transnational criminal organizations outside of the
international and maritime borders of the United
States; and
(F) ensure that any new border security technology
can be operationally integrated with existing
technologies in use by the Department.
(4) Information relating to initiatives of the Department
with respect to operational coordination, including any
relevant task forces of the Department.
(5) Information gathered from the lessons learned by the
deployments of the National Guard to the southern border of the
United States.
(6) A description of cooperative agreements relating to
information sharing with State, local, Tribal, territorial, and
other Federal law enforcement agencies that have jurisdiction
on the borders of the United States.
(7) Information relating to border security information
received from the following:
(A) State, local, Tribal, territorial, and other
Federal law enforcement agencies that have jurisdiction
on the borders of the United States or in the maritime
environment.
(B) Border community stakeholders, including
representatives from the following:
(i) Border agricultural and ranching
organizations.
(ii) Business and civic organizations.
(iii) Hospitals and rural clinics within
150 miles of the borders of the United States.
(iv) Victims of crime committed by aliens
unlawfully present in the United States.
(v) Victims impacted by drugs,
transnational criminal organizations, cartels,
gangs, or other criminal activity.
(vi) Farmers, ranchers, and property owners
along the border.
(vii) Other individuals negatively impacted
by illegal immigration.
(8) Information relating to the staffing requirements with
respect to border security for the Department.
(9) A prioritized list of Department research and
development objectives to enhance the security of the borders
of the United States.
(10) An assessment of training programs, including such
programs relating to the following:
(A) Identifying and detecting fraudulent documents.
(B) Understanding the scope of CBP enforcement
authorities and appropriate use of force policies.
(C) Screening, identifying, and addressing
vulnerable populations, such as children and victims of
human trafficking.
SEC. 114. U.S. CUSTOMS AND BORDER PROTECTION SPIRITUAL READINESS.
Not later than one year after the enactment of this Act and
annually thereafter for five years, the Commissioner shall submit to
the Committee on Homeland Security of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs of the
Senate a report on the availability and usage of the assistance of
chaplains, prayer groups, houses of worship, and other spiritual
resources for members of CBP who identify as religiously affiliated and
have attempted suicide, have suicidal ideation, or are at risk of
suicide, and metrics on the impact such resources have in assisting
religiously affiliated members who have access to and utilize such
resources compared to religiously affiliated members who do not.
SEC. 115. RESTRICTIONS ON FUNDING.
(a) Arriving Aliens.--No funds are authorized to be appropriated to
the Department to process the entry into the United States of aliens
arriving in between ports of entry.
(b) Restriction on Nongovernmental Organization Support for
Unlawful Activity.--No funds are authorized to be appropriated to the
Department for disbursement to any nongovernmental organization that
facilitates or encourages unlawful activity, including unlawful entry,
human trafficking, human smuggling, drug trafficking, and drug
smuggling.
(c) Restriction on Nongovernmental Organization Facilitation of
Illegal Immigration.--No funds are authorized to be appropriated to the
Department for disbursement to any nongovernmental organization to
provide, or facilitate the provision of, transportation, lodging, or
immigration legal services to inadmissible aliens who enter the United
States after the date of the enactment of this Act.
SEC. 116. COLLECTION OF DNA AND BIOMETRIC INFORMATION AT THE BORDER.
Not later than 14 days after the date of the enactment of this Act,
the Secretary shall ensure and certify to the Committee on Homeland
Security of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate that CBP is fully
compliant with Federal DNA and biometric collection requirements at
United States land borders.
SEC. 117. ERADICATION OF NARCOTIC DRUGS AND FORMULATING EFFECTIVE NEW
TOOLS TO ADDRESS YEARLY LOSSES OF LIFE; ENSURING TIMELY
UPDATES TO U.S. CUSTOMS AND BORDER PROTECTION FIELD
MANUALS.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, and not less frequently than triennially
thereafter, the Commissioner of U.S. Customs and Border Protection
shall review and update, as necessary, the current policies and manuals
of the Office of Field Operations related to inspections at ports of
entry, and the U.S. Border Patrol related to inspections between ports
of entry, to ensure the uniform implementation of inspection practices
that will effectively respond to technological and methodological
changes designed to disguise unlawful activity, such as the smuggling
of drugs and humans, along the border.
(b) Reporting Requirement.--Not later than 90 days after each
update required under subsection (a), the Commissioner of U.S. Customs
and Border Protection shall submit to the Committee on Homeland
Security and the Committee on the Judiciary of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs and the Committee on the Judiciary of the Senate a report that
summarizes any policy and manual changes pursuant to subsection (a).
SEC. 118. PUBLICATION BY U.S. CUSTOMS AND BORDER PROTECTION OF
OPERATIONAL STATISTICS.
(a) In General.--Not later than the seventh day of each month
beginning with the second full month after the date of the enactment of
this Act, the Commissioner of U.S. Customs and Border Protection shall
publish on a publicly available website of the Department of Homeland
Security information relating to the total number of alien encounters
and nationalities, unique alien encounters and nationalities, gang
affiliated apprehensions and nationalities, drug seizures, alien
encounters included in the terrorist screening database and
nationalities, arrests of criminal aliens or individuals wanted by law
enforcement and nationalities, known got aways, encounters with
deceased aliens, and all other related or associated statistics
recorded by U.S. Customs and Border Protection during the immediately
preceding month. Each such publication shall include the following:
(1) The aggregate such number, and such number
disaggregated by geographic regions, of such recordings and
encounters, including specifications relating to whether such
recordings and encounters were at the southwest, northern, or
maritime border.
(2) An identification of the Office of Field Operations
field office, U.S. Border Patrol sector, or Air and Marine
Operations branch making each recording or encounter.
(3) Information relating to whether each recording or
encounter of an alien was of a single adult, an unaccompanied
alien child, or an individual in a family unit.
(4) Information relating to the processing disposition of
each alien recording or encounter.
(5) Information relating to the nationality of each alien
who is the subject of each recording or encounter.
(6) The total number of individuals included in the
terrorist screening database (as such term is defined in
section 2101 of the Homeland Security Act of 2002 (6 U.S.C.
621)) who have repeatedly attempted to cross unlawfully into
the United States.
(7) The total number of individuals included in the
terrorist screening database who have been apprehended,
including information relating to whether such individuals were
released into the United States or removed.
(b) Exceptions.--If the Commissioner of U.S. Customs and Border
Protection in any month does not publish the information required under
subsection (a), or does not publish such information by the date
specified in such subsection, the Commissioner shall brief the
Committee on Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the Senate
regarding the reason relating thereto, as the case may be, by not later
than the date that is two business days after the tenth day of such
month.
(c) Definitions.--In this section:
(1) Alien encounters.--The term ``alien encounters'' means
aliens apprehended, determined inadmissible, or processed for
removal by U.S. Customs and Border Protection.
(2) Got away.--The term ``got away'' has the meaning given
such term in section 1092(a) of the National Defense
Authorization Act for Fiscal Year 2017 (6 U.S.C. 223(a)).
(3) Terrorist screening database.--The term ``terrorist
screening database'' has the meaning given such term in section
2101 of the Homeland Security Act of 2002 (6 U.S.C. 621).
(4) Unaccompanied alien child.--The term ``unaccompanied
alien child'' has the meaning given such term in section 462(g)
of the Homeland Security Act of 2002 (6 U.S.C. 279(g)).
SEC. 119. ALIEN CRIMINAL BACKGROUND CHECKS.
(a) In General.--Not later than seven days after the date of the
enactment of this Act, the Commissioner shall certify to the Committee
on Homeland Security and the Committee on the Judiciary of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs and the Committee on the Judiciary of the Senate that CBP has
real-time access to the criminal history databases of all countries of
origin and transit for aliens encountered by CBP to perform criminal
history background checks for such aliens.
(b) Standards.--The certification required under subsection (a)
shall also include a determination whether the criminal history
databases of a country are accurate, up to date, digitized, searchable,
and otherwise meet the standards of the Federal Bureau of Investigation
for criminal history databases maintained by State and local
governments.
(c) Certification.--The Secretary shall annually submit to the
Committee on Homeland Security and the Committee on the Judiciary of
the House of Representatives and the Committee on Homeland Security and
Governmental Affairs and the Committee on the Judiciary of the Senate a
certification that each database referred to in subsection (b) which
the Secretary accessed or sought to access pursuant to this section met
the standards described in subsection (b).
SEC. 120. PROHIBITED IDENTIFICATION DOCUMENTS AT AIRPORT SECURITY
CHECKPOINTS; NOTIFICATION TO IMMIGRATION AGENCIES.
(a) In General.--The Administrator may not accept as valid proof of
identification a prohibited identification document at an airport
security checkpoint.
(b) Notification to Immigration Agencies.--If an individual
presents a prohibited identification document to an officer of the
Transportation Security Administration at an airport security
checkpoint, the Administrator shall promptly notify the Director of
U.S. Immigration and Customs Enforcement, the Director of U.S. Customs
and Border Protection, and the head of the appropriate local law
enforcement agency to determine whether the individual is in violation
of any term of release from the custody of any such agency.
(c) Entry Into Sterile Areas.--
(1) In general.--Except as provided in paragraph (2), if an
individual is found to be in violation of any term of release
under subsection (b), the Administrator may not permit such
individual to enter a sterile area.
(2) Exception.--An individual presenting a prohibited
identification document under this section may enter a sterile
area if the individual--
(A) is leaving the United States for the purposes
of removal or deportation; or
(B) presents a covered identification document.
(d) Collection of Biometric Information From Certain Individuals
Seeking Entry Into the Sterile Area of an Airport.--Beginning not later
than 120 days after the date of the enactment of this Act, the
Administrator shall collect biometric information from an individual
described in subsection (e) prior to authorizing such individual to
enter into a sterile area.
(e) Individual Described.--An individual described in this
subsection is an individual who--
(1) is seeking entry into the sterile area of an airport;
(2) does not present a covered identification document; and
(3) the Administrator cannot verify is a national of the
United States.
(f) Participation in IDENT.--Beginning not later than 120 days
after the date of the enactment of this Act, the Administrator, in
coordination with the Secretary, shall submit biometric data collected
under this section to the Automated Biometric Identification System
(IDENT).
(g) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Transportation Security Administration.
(2) Biometric information.--The term ``biometric
information'' means any of the following:
(A) A fingerprint.
(B) A palm print.
(C) A photograph, including--
(i) a photograph of an individual's face
for use with facial recognition technology; and
(ii) a photograph of any physical or
anatomical feature, such as a scar, skin mark,
or tattoo.
(D) A signature.
(E) A voice print.
(F) An iris image.
(3) Covered identification document.--The term ``covered
identification document'' means any of the following, if the
document is valid and unexpired:
(A) A United States passport or passport card.
(B) A biometrically secure card issued by a trusted
traveler program of the Department of Homeland
Security, including--
(i) Global Entry;
(ii) Nexus;
(iii) Secure Electronic Network for
Travelers Rapid Inspection (SENTRI); and
(iv) Free and Secure Trade (FAST).
(C) An identification card issued by the Department
of Defense, including such a card issued to a
dependent.
(D) Any document required for admission to the
United States under section 211(a) of the Immigration
and Nationality Act (8 U.S.C. 1181(a)).
(E) An enhanced driver's license issued by a State.
(F) A photo identification card issued by a
federally recognized Indian Tribe.
(G) A personal identity verification credential
issued in accordance with Homeland Security
Presidential Directive 12.
(H) A driver's license issued by a province of
Canada.
(I) A Secure Certificate of Indian Status issued by
the Government of Canada.
(J) A Transportation Worker Identification
Credential.
(K) A Merchant Mariner Credential issued by the
Coast Guard.
(L) A Veteran Health Identification Card issued by
the Department of Veterans Affairs.
(M) Any other document the Administrator
determines, pursuant to a rule making in accordance
with section 553 of title 5, United States Code, will
satisfy the identity verification procedures of the
Transportation Security Administration.
(4) Immigration laws.--The term ``immigration laws'' has
the meaning given that term in section 101 of the Immigration
and Nationality Act (8 U.S.C. 1101).
(5) Prohibited identification document.--The term
``prohibited identification document'' means any of the
following (or any applicable successor form):
(A) U.S. Immigration and Customs Enforcement Form
I-200, Warrant for Arrest of Alien.
(B) U.S. Immigration and Customs Enforcement Form
I-205, Warrant of Removal/Deportation.
(C) U.S. Immigration and Customs Enforcement Form
I-220A, Order of Release on Recognizance.
(D) U.S. Immigration and Customs Enforcement Form
I-220B, Order of Supervision.
(E) Department of Homeland Security Form I-862,
Notice to Appear.
(F) U.S. Customs and Border Protection Form I-94,
Arrival/Departure Record (including a print-out of an
electronic record).
(G) Department of Homeland Security Form I-385,
Notice to Report.
(H) Any document that directs an individual to
report to the Department of Homeland Security.
(I) Any Department of Homeland Security work
authorization or employment verification document.
(6) Sterile area.--The term ``sterile area'' has the
meaning given that term in section 1540.5 of title 49, Code of
Federal Regulations, or any successor regulation.
SEC. 121. PROHIBITION AGAINST ANY COVID-19 VACCINE MANDATE OR ADVERSE
ACTION AGAINST DHS EMPLOYEES.
(a) Limitation on Imposition of New Mandate.--The Secretary may not
issue any COVID-19 vaccine mandate unless Congress expressly authorizes
such a mandate.
(b) Prohibition on Adverse Action.--The Secretary may not take any
adverse action against a Department employee based solely on the
refusal of such employee to receive a vaccine for COVID-19.
(c) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary shall report to the Committee on Homeland
Security of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate on the following:
(1) The number of Department employees who were terminated
or resigned due to the COVID-19 vaccine mandate.
(2) An estimate of the cost to reinstate such employees.
(3) How the Department would effectuate reinstatement of
such employees.
(d) Retention and Development of Unvaccinated Employees.--The
Secretary shall make every effort to retain Department employees who
are not vaccinated against COVID-19 and provide such employees with
professional development, promotion and leadership opportunities, and
consideration equal to that of their peers.
SEC. 122. CBP ONE APP LIMITATION.
(a) Limitation.--The Department may use the CBP One Mobile
Application or any other similar program, application, internet-based
portal, website, device, or initiative only for inspection of
perishable cargo.
(b) Report.--Not later than 60 days after the date of the enactment
of this Act, the Commissioner shall report to the Committee on Homeland
Security of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate the date on which CBP
began using CBP One to allow aliens to schedule interviews at land
ports of entry, how many aliens have scheduled interviews at land ports
of entry using CBP One, the nationalities of such aliens, and the
stated final destinations of such aliens within the United States, if
any.
SEC. 123. REPORT ON MEXICAN DRUG CARTELS.
Not later than 60 days after the date of the enactment of this Act,
Congress shall commission a report that contains the following:
(1) A national strategy to address Mexican drug cartels,
and a determination regarding whether there should be a
designation established to address such cartels.
(2) Information relating to actions by such cartels that
causes harm to the United States.
SEC. 124. GAO STUDY ON COSTS INCURRED BY STATES TO SECURE THE SOUTHWEST
BORDER.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Comptroller General of the United States
shall conduct a study to examine the costs incurred by individual
States as a result of actions taken by such States in support of the
Federal mission to secure the southwest border, and the feasibility of
a program to reimburse such States for such costs.
(b) Contents.--The study required under subsection (a) shall
include consideration of the following:
(1) Actions taken by the Department of Homeland Security
that have contributed to costs described in such subsection
incurred by States to secure the border in the absence of
Federal action, including the termination of the Migrant
Protection Protocols and cancellation of border wall
construction.
(2) Actions taken by individual States along the southwest
border to secure their borders, and the costs associated with
such actions.
(3) The feasibility of a program within the Department of
Homeland Security to reimburse States for the costs incurred in
support of the Federal mission to secure the southwest border.
SEC. 125. REPORT BY INSPECTOR GENERAL OF THE DEPARTMENT OF HOMELAND
SECURITY.
(a) Report.--Not later than one year after the date of the
enactment of this Act and annually thereafter for five years, the
Inspector General of the Department of Homeland Security shall submit
to the Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs of the
Senate a report examining the economic and security impact of mass
migration to municipalities and States along the southwest border. Such
report shall include information regarding costs incurred by the
following:
(1) State and local law enforcement to secure the southwest
border.
(2) Public school districts to educate students who are
aliens unlawfully present in the United States.
(3) Healthcare providers to provide care to aliens
unlawfully present in the United States who have not paid for
such care.
(4) Farmers and ranchers due to migration impacts to their
properties.
(b) Consultation.--To produce the report required under subsection
(a), the Inspector General of the Department of Homeland Security shall
consult with the individuals and representatives of the entities
described in paragraphs (1) through (4) of such subsection.
SEC. 126. OFFSETTING AUTHORIZATIONS OF APPROPRIATIONS.
(a) Office of the Secretary and Emergency Management.--No funds are
authorized to be appropriated for the Alternatives to Detention Case
Management Pilot Program or the Office of the Immigration Detention
Ombudsman for the Office of the Secretary and Emergency Management of
the Department of Homeland Security.
(b) Management Directorate.--No funds are authorized to be
appropriated for electric vehicles or St. Elizabeths campus
construction for the Management Directorate of the Department of
Homeland Security.
(c) Intelligence, Analysis, and Situational Awareness.--There is
authorized to be appropriated $216,000,000 for Intelligence, Analysis,
and Situational Awareness of the Department of Homeland Security.
(d) U.S. Customs and Border Protection.--No funds are authorized to
be appropriated for the Shelter Services Program for U.S. Customs and
Border Protection.
SEC. 127. REPORT TO CONGRESS ON FOREIGN TERRORIST ORGANIZATIONS.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act and annually thereafter for five years, the
Secretary of Homeland Security shall submit to the Committee on
Homeland Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate an assessment
of foreign terrorist organizations attempting to move their members or
affiliates into the United States through the southern, northern, or
maritime border.
(b) Definition.--In this section, the term ``foreign terrorist
organization'' means an organization described in section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189).
SEC. 128. ASSESSMENT BY INSPECTOR GENERAL OF THE DEPARTMENT OF HOMELAND
SECURITY ON THE MITIGATION OF UNMANNED AIRCRAFT SYSTEMS
AT THE SOUTHWEST BORDER.
Not later than 90 days after the date of the enactment of this Act,
the Inspector General of the Department of Homeland Security shall
submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate an assessment of U.S. Customs and Border
Protection's ability to mitigate unmanned aircraft systems at the
southwest border. Such assessment shall include information regarding
any intervention between January 1, 2021, and the date of the enactment
of this Act, by any Federal agency affecting in any manner U.S. Customs
and Border Protection's authority to so mitigate such systems.
DIVISION D--IMMIGRATION ENFORCEMENT AND FOREIGN AFFAIRS
TITLE I--ASYLUM REFORM AND BORDER PROTECTION
SEC. 101. SAFE THIRD COUNTRY.
Section 208(a)(2)(A) of the Immigration and Nationality Act (8
U.S.C. 1158(a)(2)(A)) is amended--
(1) by striking ``if the Attorney General determines'' and
inserting ``if the Attorney General or the Secretary of
Homeland Security determines--'';
(2) by striking ``that the alien may be removed'' and
inserting the following:
``(i) that the alien may be removed'';
(3) by striking ``, pursuant to a bilateral or multilateral
agreement, to'' and inserting ``to'';
(4) by inserting ``or the Secretary, on a case by case
basis,'' before ``finds that'';
(5) by striking the period at the end and inserting ``;
or''; and
(6) by adding at the end the following:
``(ii) that the alien entered, attempted to enter, or
arrived in the United States after transiting through at least
one country outside the alien's country of citizenship,
nationality, or last lawful habitual residence en route to the
United States, unless--
``(I) the alien demonstrates that he or she applied
for protection from persecution or torture in at least
one country outside the alien's country of citizenship,
nationality, or last lawful habitual residence through
which the alien transited en route to the United
States, and the alien received a final judgment denying
the alien protection in each country;
``(II) the alien demonstrates that he or she was a
victim of a severe form of trafficking in which a
commercial sex act was induced by force, fraud, or
coercion, or in which the person induced to perform
such act was under the age of 18 years; or in which the
trafficking included the recruitment, harboring,
transportation, provision, or obtaining of a person for
labor or services through the use of force, fraud, or
coercion for the purpose of subjection to involuntary
servitude, peonage, debt bondage, or slavery, and was
unable to apply for protection from persecution in each
country through which the alien transited en route to
the United States as a result of such severe form of
trafficking; or
``(III) the only countries through which the alien
transited en route to the United States were, at the
time of the transit, not parties to the 1951 United
Nations Convention relating to the Status of Refugees,
the 1967 Protocol Relating to the Status of Refugees,
or the United Nations Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or
Punishment.''.
SEC. 102. CREDIBLE FEAR INTERVIEWS.
Section 235(b)(1)(B)(v) of the Immigration and Nationality Act (8
U.S.C. 1225(b)(1)(B)(v)) is amended by striking ``there is a
significant possibility'' and all that follows, and inserting ``,
taking into account the credibility of the statements made by the alien
in support of the alien's claim, as determined pursuant to section
208(b)(1)(B)(iii), and such other facts as are known to the officer,
the alien more likely than not could establish eligibility for asylum
under section 208, and it is more likely than not that the statements
made by, and on behalf of, the alien in support of the alien's claim
are true.''.
SEC. 103. CLARIFICATION OF ASYLUM ELIGIBILITY.
(a) In General.--Section 208(b)(1)(A) of the Immigration and
Nationality Act (8 U.S.C. 1158(b)(1)(A)) is amended by inserting after
``section 101(a)(42)(A)'' the following: ``(in accordance with the
rules set forth in this section), and is eligible to apply for asylum
under subsection (a)''.
(b) Place of Arrival.--Section 208(a)(1) of the Immigration and
Nationality Act (8 U.S.C. 1158(a)(1)) is amended--
(1) by striking ``or who arrives in the United States
(whether or not at a designated port of arrival and including
an alien who is brought to the United States after having been
interdicted in international or United States waters),''; and
(2) by inserting after ``United States'' the following:
``and has arrived in the United States at a port of entry
(including an alien who is brought to the United States after
having been interdicted in international or United States
waters),''.
SEC. 104. EXCEPTIONS.
Paragraph (2) of section 208(b) of the Immigration and Nationality
Act (8 U.S.C. 1158(b)(2)) is amended to read as follows:
``(2) Exceptions.--
``(A) In general.--Paragraph (1) shall not apply to
an alien if the Secretary of Homeland Security or the
Attorney General determines that--
``(i) the alien ordered, incited, assisted,
or otherwise participated in the persecution of
any person on account of race, religion,
nationality, membership in a particular social
group, or political opinion;
``(ii) the alien has been convicted of any
felony under Federal, State, tribal, or local
law;
``(iii) the alien has been convicted of any
misdemeanor offense under Federal, State,
tribal, or local law involving--
``(I) the unlawful possession or
use of an identification document,
authentication feature, or false
identification document (as those terms
and phrases are defined in the
jurisdiction where the conviction
occurred), unless the alien can
establish that the conviction resulted
from circumstances showing that--
``(aa) the document or
feature was presented before
boarding a common carrier;
``(bb) the document or
feature related to the alien's
eligibility to enter the United
States;
``(cc) the alien used the
document or feature to depart a
country wherein the alien has
claimed a fear of persecution;
and
``(dd) the alien claimed a
fear of persecution without
delay upon presenting himself
or herself to an immigration
officer upon arrival at a
United States port of entry;
``(II) the unlawful receipt of a
Federal public benefit (as defined in
section 401(c) of the Personal
Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C.
1611(c))), from a Federal entity, or
the unlawful receipt of similar public
benefits from a State, tribal, or local
entity; or
``(III) possession or trafficking
of a controlled substance or controlled
substance paraphernalia, as those
phrases are defined under the law of
the jurisdiction where the conviction
occurred, other than a single offense
involving possession for one's own use
of 30 grams or less of marijuana (as
marijuana is defined under the law of
the jurisdiction where the conviction
occurred);
``(iv) the alien has been convicted of an
offense arising under paragraph (1)(A) or (2)
of section 274(a), or under section 276;
``(v) the alien has been convicted of a
Federal, State, tribal, or local crime that the
Attorney General or Secretary of Homeland
Security knows, or has reason to believe, was
committed in support, promotion, or furtherance
of the activity of a criminal street gang (as
defined under the law of the jurisdiction where
the conviction occurred or in section 521(a) of
title 18, United States Code);
``(vi) the alien has been convicted of an
offense for driving while intoxicated or
impaired, as those terms are defined under the
law of the jurisdiction where the conviction
occurred (including a conviction for driving
while under the influence of or impaired by
alcohol or drugs), without regard to whether
the conviction is classified as a misdemeanor
or felony under Federal, State, tribal, or
local law, in which such intoxicated or
impaired driving was a cause of serious bodily
injury or death of another person;
``(vii) the alien has been convicted of
more than one offense for driving while
intoxicated or impaired, as those terms are
defined under the law of the jurisdiction where
the conviction occurred (including a conviction
for driving while under the influence of or
impaired by alcohol or drugs), without regard
to whether the conviction is classified as a
misdemeanor or felony under Federal, State,
tribal, or local law;
``(viii) the alien has been convicted of a
crime--
``(I) that involves conduct
amounting to a crime of stalking;
``(II) of child abuse, child
neglect, or child abandonment; or
``(III) that involves conduct
amounting to a domestic assault or
battery offense, including--
``(aa) a misdemeanor crime
of domestic violence, as
described in section 921(a)(33)
of title 18, United States
Code;
``(bb) a crime of domestic
violence, as described in
section 40002(a)(12) of the
Violence Against Women Act of
1994 (34 U.S.C. 12291(a)(12));
or
``(cc) any crime based on
conduct in which the alien
harassed, coerced, intimidated,
voluntarily or recklessly used
(or threatened to use) force or
violence against, or inflicted
physical injury or physical
pain, however slight, upon a
person--
``(AA) who is a
current or former
spouse of the alien;
``(BB) with whom
the alien shares a
child;
``(CC) who is
cohabitating with, or
who has cohabitated
with, the alien as a
spouse;
``(DD) who is
similarly situated to a
spouse of the alien
under the domestic or
family violence laws of
the jurisdiction where
the offense occurred;
or
``(EE) who is
protected from that
alien's acts under the
domestic or family
violence laws of the
United States or of any
State, tribal
government, or unit of
local government;
``(ix) the alien has engaged in acts of
battery or extreme cruelty upon a person and
the person--
``(I) is a current or former spouse
of the alien;
``(II) shares a child with the
alien;
``(III) cohabitates or has
cohabitated with the alien as a spouse;
``(IV) is similarly situated to a
spouse of the alien under the domestic
or family violence laws of the
jurisdiction where the offense
occurred; or
``(V) is protected from that
alien's acts under the domestic or
family violence laws of the United
States or of any State, tribal
government, or unit of local
government;
``(x) the alien, having been convicted by a
final judgment of a particularly serious crime,
constitutes a danger to the community of the
United States;
``(xi) there are serious reasons for
believing that the alien has committed a
serious nonpolitical crime outside the United
States prior to the arrival of the alien in the
United States;
``(xii) there are reasonable grounds for
regarding the alien as a danger to the security
of the United States;
``(xiii) the alien is described in
subclause (I), (II), (III), (IV), or (VI) of
section 212(a)(3)(B)(i) or section 237(a)(4)(B)
(relating to terrorist activity), unless, in
the case only of an alien inadmissible under
subclause (IV) of section 212(a)(3)(B)(i), the
Secretary of Homeland Security or the Attorney
General determines, in the Secretary's or the
Attorney General's discretion, that there are
not reasonable grounds for regarding the alien
as a danger to the security of the United
States;
``(xiv) the alien was firmly resettled in
another country prior to arriving in the United
States; or
``(xv) there are reasonable grounds for
concluding the alien could avoid persecution by
relocating to another part of the alien's
country of nationality or, in the case of an
alien having no nationality, another part of
the alien's country of last habitual residence.
``(B) Special rules.--
``(i) Particularly serious crime; serious
nonpolitical crime outside the united states.--
``(I) In general.--For purposes of
subparagraph (A)(x), the Attorney
General or Secretary of Homeland
Security, in their discretion, may
determine that a conviction constitutes
a particularly serious crime based on--
``(aa) the nature of the
conviction;
``(bb) the type of sentence
imposed; or
``(cc) the circumstances
and underlying facts of the
conviction.
``(II) Determination.--In making a
determination under subclause (I), the
Attorney General or Secretary of
Homeland Security may consider all
reliable information and is not limited
to facts found by the criminal court or
provided in the underlying record of
conviction.
``(III) Treatment of felonies.--In
making a determination under subclause
(I), an alien who has been convicted of
a felony (as defined under this
section) or an aggravated felony (as
defined under section 101(a)(43)),
shall be considered to have been
convicted of a particularly serious
crime.
``(IV) Interpol red notice.--In
making a determination under
subparagraph (A)(xi), an Interpol Red
Notice may constitute reliable evidence
that the alien has committed a serious
nonpolitical crime outside the United
States.
``(ii) Crimes and exceptions.--
``(I) Driving while intoxicated or
impaired.--A finding under subparagraph
(A)(vi) does not require the Attorney
General or Secretary of Homeland
Security to find the first conviction
for driving while intoxicated or
impaired (including a conviction for
driving while under the influence of or
impaired by alcohol or drugs) as a
predicate offense. The Attorney General
or Secretary of Homeland Security need
only make a factual determination that
the alien previously was convicted for
driving while intoxicated or impaired
as those terms are defined under the
jurisdiction where the conviction
occurred (including a conviction for
driving while under the influence of or
impaired by alcohol or drugs).
``(II) Stalking and other crimes.--
In making a determination under
subparagraph (A)(viii), including
determining the existence of a domestic
relationship between the alien and the
victim, the underlying conduct of the
crime may be considered, and the
Attorney General or Secretary of
Homeland Security is not limited to
facts found by the criminal court or
provided in the underlying record of
conviction.
``(III) Battery or extreme
cruelty.--In making a determination
under subparagraph (A)(ix), the phrase
`battery or extreme cruelty' includes--
``(aa) any act or
threatened act of violence,
including any forceful
detention, which results or
threatens to result in physical
or mental injury;
``(bb) psychological or
sexual abuse or exploitation,
including rape, molestation,
incest, or forced prostitution,
shall be considered acts of
violence; and
``(cc) other abusive acts,
including acts that, in and of
themselves, may not initially
appear violent, but that are a
part of an overall pattern of
violence.
``(IV) Exception for victims of
domestic violence.--An alien who was
convicted of an offense described in
clause (viii) or (ix) of subparagraph
(A) is not ineligible for asylum on
that basis if the alien satisfies the
criteria under section 237(a)(7)(A).
``(C) Specific circumstances.--Paragraph (1) shall
not apply to an alien whose claim is based on--
``(i) personal animus or retribution,
including personal animus in which the alleged
persecutor has not targeted, or manifested an
animus against, other members of an alleged
particular social group in addition to the
member who has raised the claim at issue;
``(ii) the applicant's generalized
disapproval of, disagreement with, or
opposition to criminal, terrorist, gang,
guerilla, or other non-state organizations
absent expressive behavior in furtherance of a
discrete cause against such organizations
related to control of a State or expressive
behavior that is antithetical to the State or a
legal unit of the State;
``(iii) the applicant's resistance to
recruitment or coercion by guerrilla, criminal,
gang, terrorist, or other non-state
organizations;
``(iv) the targeting of the applicant for
criminal activity for financial gain based on
wealth or affluence or perceptions of wealth or
affluence;
``(v) the applicant's criminal activity; or
``(vi) the applicant's perceived, past or
present, gang affiliation.
``(D) Definitions and clarifications.--
``(i) Definitions.--For purposes of this
paragraph:
``(I) Felony.--The term `felony'
means--
``(aa) any crime defined as
a felony by the relevant
jurisdiction (Federal, State,
tribal, or local) of
conviction; or
``(bb) any crime punishable
by more than one year of
imprisonment.
``(II) Misdemeanor.--The term
`misdemeanor' means--
``(aa) any crime defined as
a misdemeanor by the relevant
jurisdiction (Federal, State,
tribal, or local) of
conviction; or
``(bb) any crime not
punishable by more than one
year of imprisonment.
``(ii) Clarifications.--
``(I) Construction.--For purposes
of this paragraph, whether any activity
or conviction also may constitute a
basis for removal is immaterial to a
determination of asylum eligibility.
``(II) Attempt, conspiracy, or
solicitation.--For purposes of this
paragraph, all references to a criminal
offense or criminal conviction shall be
deemed to include any attempt,
conspiracy, or solicitation to commit
the offense or any other inchoate form
of the offense.
``(III) Effect of certain orders.--
``(aa) In general.--No
order vacating a conviction,
modifying a sentence,
clarifying a sentence, or
otherwise altering a conviction
or sentence shall have any
effect under this paragraph
unless the Attorney General or
Secretary of Homeland Security
determines that--
``(AA) the court
issuing the order had
jurisdiction and
authority to do so; and
``(BB) the order
was not entered for
rehabilitative purposes
or for purposes of
ameliorating the
immigration
consequences of the
conviction or sentence.
``(bb) Ameliorating
immigration consequences.--For
purposes of item (aa)(BB), the
order shall be presumed to be
for the purpose of ameliorating
immigration consequences if--
``(AA) the order
was entered after the
initiation of any
proceeding to remove
the alien from the
United States; or
``(BB) the alien
moved for the order
more than one year
after the date of the
original order of
conviction or
sentencing, whichever
is later.
``(cc) Authority of
immigration judge.--An
immigration judge is not
limited to consideration only
of material included in any
order vacating a conviction,
modifying a sentence, or
clarifying a sentence to
determine whether such order
should be given any effect
under this paragraph, but may
consider such additional
information as the immigration
judge determines appropriate.
``(E) Additional limitations.--The Secretary of
Homeland Security or the Attorney General may by
regulation establish additional limitations and
conditions, consistent with this section, under which
an alien shall be ineligible for asylum under paragraph
(1).
``(F) No judicial review.--There shall be no
judicial review of a determination of the Secretary of
Homeland Security or the Attorney General under
subparagraph (A)(xiii).''.
SEC. 105. EMPLOYMENT AUTHORIZATION.
Paragraph (2) of section 208(d) of the Immigration and Nationality
Act (8 U.S.C. 1158(d)) is amended to read as follows:
``(2) Employment authorization.--
``(A) Authorization permitted.--An applicant for
asylum is not entitled to employment authorization, but
such authorization may be provided under regulation by
the Secretary of Homeland Security. An applicant who is
not otherwise eligible for employment authorization
shall not be granted such authorization prior to the
date that is 180 days after the date of filing of the
application for asylum.
``(B) Termination.--Each grant of employment
authorization under subparagraph (A), and any renewal
or extension thereof, shall be valid for a period of 6
months, except that such authorization, renewal, or
extension shall terminate prior to the end of such 6
month period as follows:
``(i) Immediately following the denial of
an asylum application by an asylum officer,
unless the case is referred to an immigration
judge.
``(ii) 30 days after the date on which an
immigration judge denies an asylum application,
unless the alien timely appeals to the Board of
Immigration Appeals.
``(iii) Immediately following the denial by
the Board of Immigration Appeals of an appeal
of a denial of an asylum application.
``(C) Renewal.--The Secretary of Homeland Security
may not grant, renew, or extend employment
authorization to an alien if the alien was previously
granted employment authorization under subparagraph
(A), and the employment authorization was terminated
pursuant to a circumstance described in subparagraph
(B)(i), (ii), or (iii), unless a Federal court of
appeals remands the alien's case to the Board of
Immigration Appeals.
``(D) Ineligibility.--The Secretary of Homeland
Security may not grant employment authorization to an
alien under this paragraph if the alien--
``(i) is ineligible for asylum under
subsection (b)(2)(A); or
``(ii) entered or attempted to enter the
United States at a place and time other than
lawfully through a United States port of
entry.''.
SEC. 106. ASYLUM FEES.
Paragraph (3) of section 208(d) of the Immigration and Nationality
Act (8 U.S.C. 1158(d)) is amended to read as follows:
``(3) Fees.--
``(A) Application fee.--A fee of not less than $50
for each application for asylum shall be imposed. Such
fee shall not exceed the cost of adjudicating the
application. Such fee shall not apply to an
unaccompanied alien child who files an asylum
application in proceedings under section 240.
``(B) Employment authorization.--A fee may also be
imposed for the consideration of an application for
employment authorization under this section and for
adjustment of status under section 209(b). Such a fee
shall not exceed the cost of adjudicating the
application.
``(C) Payment.--Fees under this paragraph may be
assessed and paid over a period of time or by
installments.
``(D) Rule of construction.--Nothing in this
paragraph shall be construed to limit the authority of
the Attorney General or Secretary of Homeland Security
to set adjudication and naturalization fees in
accordance with section 286(m).''.
SEC. 107. RULES FOR DETERMINING ASYLUM ELIGIBILITY.
Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158)
is amended by adding at the end the following:
``(f) Rules for Determining Asylum Eligibility.--In making a
determination under subsection (b)(1)(A) with respect to whether an
alien is a refugee within the meaning of section 101(a)(42)(A), the
following shall apply:
``(1) Particular social group.--The Secretary of Homeland
Security or the Attorney General shall not determine that an
alien is a member of a particular social group unless the alien
articulates on the record, or provides a basis on the record
for determining, the definition and boundaries of the alleged
particular social group, establishes that the particular social
group exists independently from the alleged persecution, and
establishes that the alien's claim of membership in a
particular social group does not involve--
``(A) past or present criminal activity or
association (including gang membership);
``(B) presence in a country with generalized
violence or a high crime rate;
``(C) being the subject of a recruitment effort by
criminal, terrorist, or persecutory groups;
``(D) the targeting of the applicant for criminal
activity for financial gain based on perceptions of
wealth or affluence;
``(E) interpersonal disputes of which governmental
authorities in the relevant society or region were
unaware or uninvolved;
``(F) private criminal acts of which governmental
authorities in the relevant society or region were
unaware or uninvolved;
``(G) past or present terrorist activity or
association;
``(H) past or present persecutory activity or
association; or
``(I) status as an alien returning from the United
States.
``(2) Political opinion.--The Secretary of Homeland
Security or the Attorney General may not determine that an
alien holds a political opinion with respect to which the alien
is subject to persecution if the political opinion is
constituted solely by generalized disapproval of, disagreement
with, or opposition to criminal, terrorist, gang, guerilla, or
other non-state organizations and does not include expressive
behavior in furtherance of a cause against such organizations
related to efforts by the State to control such organizations
or behavior that is antithetical to or otherwise opposes the
ruling legal entity of the State or a unit thereof.
``(3) Persecution.--The Secretary of Homeland Security or
the Attorney General may not determine that an alien has been
subject to persecution or has a well-founded fear of
persecution based only on--
``(A) the existence of laws or government policies
that are unenforced or infrequently enforced, unless
there is credible evidence that such a law or policy
has been or would be applied to the applicant
personally; or
``(B) the conduct of rogue foreign government
officials acting outside the scope of their official
capacity.
``(4) Discretionary determination.--
``(A) Adverse discretionary factors.--The Secretary
of Homeland Security or the Attorney General may only
grant asylum to an alien if the alien establishes that
he or she warrants a favorable exercise of discretion.
In making such a determination, the Attorney General or
Secretary of Homeland Security shall consider, if
applicable, an alien's use of fraudulent documents to
enter the United States, unless the alien arrived in
the United States by air, sea, or land directly from
the applicant's home country without transiting through
any other country.
``(B) Favorable exercise of discretion not
permitted.--Except as provided in subparagraph (C), the
Attorney General or Secretary of Homeland Security
shall not favorably exercise discretion under this
section for any alien who--
``(i) has accrued more than one year of
unlawful presence in the United States, as
defined in sections 212(a)(9)(B)(ii) and (iii),
prior to filing an application for asylum;
``(ii) at the time the asylum application
is filed with the immigration court or is
referred from the Department of Homeland
Security, has--
``(I) failed to timely file (or
timely file a request for an extension
of time to file) any required Federal,
State, or local income tax returns;
``(II) failed to satisfy any
outstanding Federal, State, or local
tax obligations; or
``(III) income that would result in
tax liability under section 1 of the
Internal Revenue Code of 1986 and that
was not reported to the Internal
Revenue Service;
``(iii) has had two or more prior asylum
applications denied for any reason;
``(iv) has withdrawn a prior asylum
application with prejudice or been found to
have abandoned a prior asylum application;
``(v) failed to attend an interview
regarding his or her asylum application with
the Department of Homeland Security, unless the
alien shows by a preponderance of the evidence
that--
``(I) exceptional circumstances
prevented the alien from attending the
interview; or
``(II) the interview notice was not
mailed to the last address provided by
the alien or the alien's representative
and neither the alien nor the alien's
representative received notice of the
interview; or
``(vi) was subject to a final order of
removal, deportation, or exclusion and did not
file a motion to reopen to seek asylum based on
changed country conditions within one year of
the change in country conditions.
``(C) Exceptions.--If one or more of the adverse
discretionary factors set forth in subparagraph (B) are
present, the Attorney General or the Secretary, may,
notwithstanding such subparagraph (B), favorably
exercise discretion under section 208--
``(i) in extraordinary circumstances, such
as those involving national security or foreign
policy considerations; or
``(ii) if the alien, by clear and
convincing evidence, demonstrates that the
denial of the application for asylum would
result in exceptional and extremely unusual
hardship to the alien.
``(5) Limitation.--If the Secretary or the Attorney General
determines that an alien fails to satisfy the requirement under
paragraph (1), the alien may not be granted asylum based on
membership in a particular social group, and may not appeal the
determination of the Secretary or Attorney General, as
applicable. A determination under this paragraph shall not
serve as the basis for any motion to reopen or reconsider an
application for asylum or withholding of removal for any
reason, including a claim of ineffective assistance of counsel,
unless the alien complies with the procedural requirements for
such a motion and demonstrates that counsel's failure to
define, or provide a basis for defining, a formulation of a
particular social group was both not a strategic choice and
constituted egregious conduct.
``(6) Stereotypes.--Evidence offered in support of an
application for asylum that promotes cultural stereotypes about
a country, its inhabitants, or an alleged persecutor, including
stereotypes based on race, religion, nationality, or gender,
shall not be admissible in adjudicating that application,
except that evidence that an alleged persecutor holds
stereotypical views of the applicant shall be admissible.
``(7) Definitions.--In this section:
``(A) The term `membership in a particular social
group' means membership in a group that is--
``(i) composed of members who share a
common immutable characteristic;
``(ii) defined with particularity; and
``(iii) socially distinct within the
society in question.
``(B) The term `political opinion' means an ideal
or conviction in support of the furtherance of a
discrete cause related to political control of a state
or a unit thereof.
``(C) The term `persecution' means the infliction
of a severe level of harm constituting an exigent
threat by the government of a country or by persons or
an organization that the government was unable or
unwilling to control. Such term does not include--
``(i) generalized harm or violence that
arises out of civil, criminal, or military
strife in a country;
``(ii) all treatment that the United States
regards as unfair, offensive, unjust, unlawful,
or unconstitutional;
``(iii) intermittent harassment, including
brief detentions;
``(iv) threats with no actual effort to
carry out the threats, except that
particularized threats of severe harm of an
immediate and menacing nature made by an
identified entity may constitute persecution;
or
``(v) non-severe economic harm or property
damage.''.
SEC. 108. FIRM RESETTLEMENT.
Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158),
as amended by this title, is further amended by adding at the end the
following:
``(g) Firm Resettlement.--In determining whether an alien was
firmly resettled in another country prior to arriving in the United
States under subsection (b)(2)(A)(xiv), the following shall apply:
``(1) In general.--An alien shall be considered to have
firmly resettled in another country if, after the events giving
rise to the alien's asylum claim--
``(A) the alien resided in a country through which
the alien transited prior to arriving in or entering
the United States and--
``(i) received or was eligible for any
permanent legal immigration status in that
country;
``(ii) resided in such a country with any
non-permanent but indefinitely renewable legal
immigration status (including asylee, refugee,
or similar status, but excluding status of a
tourist); or
``(iii) resided in such a country and could
have applied for and obtained an immigration
status described in clause (ii);
``(B) the alien physically resided voluntarily, and
without continuing to suffer persecution or torture, in
any one country for one year or more after departing
his country of nationality or last habitual residence
and prior to arrival in or entry into the United
States, except for any time spent in Mexico by an alien
who is not a native or citizen of Mexico solely as a
direct result of being returned to Mexico pursuant to
section 235(b)(3) or of being subject to metering; or
``(C) the alien is a citizen of a country other
than the country in which the alien alleges a fear of
persecution, or was a citizen of such a country in the
case of an alien who renounces such citizenship, and
the alien was present in that country after departing
his country of nationality or last habitual residence
and prior to arrival in or entry into the United
States.
``(2) Burden of proof.--If an immigration judge determines
that an alien has firmly resettled in another country under
paragraph (1), the alien shall bear the burden of proving the
bar does not apply.
``(3) Firm resettlement of parent.--An alien shall be
presumed to have been firmly resettled in another country if
the alien's parent was firmly resettled in another country, the
parent's resettlement occurred before the alien turned 18 years
of age, and the alien resided with such parent at the time of
the firm resettlement, unless the alien establishes that he or
she could not have derived any permanent legal immigration
status or any non-permanent but indefinitely renewable legal
immigration status (including asylum, refugee, or similar
status, but excluding status of a tourist) from the alien's
parent.''.
SEC. 109. NOTICE CONCERNING FRIVOLOUS ASYLUM APPLICATIONS.
(a) In General.--Section 208(d)(4) of the Immigration and
Nationality Act (8 U.S.C. 1158(d)(4)) is amended--
(1) in the matter preceding subparagraph (A), by inserting
``the Secretary of Homeland Security or'' before ``the Attorney
General'';
(2) in subparagraph (A), by striking ``and of the
consequences, under paragraph (6), of knowingly filing a
frivolous application for asylum; and'' and inserting a
semicolon;
(3) in subparagraph (B), by striking the period and
inserting ``; and''; and
(4) by adding at the end the following:
``(C) ensure that a written warning appears on the
asylum application advising the alien of the
consequences of filing a frivolous application and
serving as notice to the alien of the consequence of
filing a frivolous application.''.
(b) Conforming Amendment.--Section 208(d)(6) of the Immigration and
Nationality Act (8 U.S.C. 1158(d)(6)) is amended by striking ``If the''
and all that follows and inserting:
``(A) In general.--If the Secretary of Homeland
Security or the Attorney General determines that an
alien has knowingly made a frivolous application for
asylum and the alien has received the notice under
paragraph (4)(C), the alien shall be permanently
ineligible for any benefits under this chapter,
effective as the date of the final determination of
such an application.
``(B) Criteria.--An application is frivolous if the
Secretary of Homeland Security or the Attorney General
determines, consistent with subparagraph (C), that--
``(i) it is so insufficient in substance
that it is clear that the applicant knowingly
filed the application solely or in part to
delay removal from the United States, to seek
employment authorization as an applicant for
asylum pursuant to regulations issued pursuant
to paragraph (2), or to seek issuance of a
Notice to Appear in order to pursue
Cancellation of Removal under section 240A(b);
or
``(ii) any of the material elements are
knowingly fabricated.
``(C) Sufficient opportunity to clarify.--In
determining that an application is frivolous, the
Secretary or the Attorney General, must be satisfied
that the applicant, during the course of the
proceedings, has had sufficient opportunity to clarify
any discrepancies or implausible aspects of the claim.
``(D) Withholding of removal not precluded.--For
purposes of this section, a finding that an alien filed
a frivolous asylum application shall not preclude the
alien from seeking withholding of removal under section
241(b)(3) or protection pursuant to the Convention
Against Torture.''.
SEC. 110. TECHNICAL AMENDMENTS.
Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158)
is amended--
(1) in subsection (a)--
(A) in paragraph (2)(D), by inserting ``Secretary
of Homeland Security or the'' before ``Attorney
General''; and
(B) in paragraph (3), by inserting ``Secretary of
Homeland Security or the'' before ``Attorney General'';
(2) in subsection (c)--
(A) in paragraph (1), by striking ``Attorney
General'' each place such term appears and inserting
``Secretary of Homeland Security'';
(B) in paragraph (2), in the matter preceding
subparagraph (A), by inserting ``Secretary of Homeland
Security or the'' before ``Attorney General''; and
(C) in paragraph (3), by inserting ``Secretary of
Homeland Security or the'' before ``Attorney General'';
and
(3) in subsection (d)--
(A) in paragraph (1), by inserting ``Secretary of
Homeland Security or the'' before ``Attorney General''
each place such term appears; and
(B) in paragraph (5)--
(i) in subparagraph (A), by striking
``Attorney General'' and inserting ``Secretary
of Homeland Security''; and
(ii) in subparagraph (B), by inserting
``Secretary of Homeland Security or the''
before ``Attorney General''.
SEC. 111. REQUIREMENT FOR PROCEDURES RELATING TO CERTAIN ASYLUM
APPLICATIONS.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, the Attorney General shall establish procedures
to expedite the adjudication of asylum applications for aliens--
(1) who are subject to removal proceedings under section
240 of the Immigration and Nationality Act (8 U.S.C. 1229a);
and
(2) who are nationals of a Western Hemisphere country
sanctioned by the United States, as described in subsection
(b), as of January 1, 2023.
(b) Western Hemisphere Country Sanctioned by the United States
Described.--Subsection (a) shall apply only to an asylum application
filed by an alien who is a national of a Western Hemisphere country
subject to sanctions pursuant to--
(1) the Cuban Liberty and Democratic Solidarity (LIBERTAD)
Act of 1996 (22 U.S.C. 6021 note);
(2) the Reinforcing Nicaragua's Adherence to Conditions for
Electoral Reform Act of 2021 or the RENACER Act (50 U.S.C. 1701
note); or
(3) Executive Order 13692 (80 Fed. Reg. 12747; declaring a
national emergency with respect to the situation in Venezuela).
(c) Applicability.--This section shall only apply to an alien who
files an application for asylum after the date of the enactment of this
Act.
TITLE II--BORDER SAFETY AND MIGRANT PROTECTION
SEC. 201. INSPECTION OF APPLICANTS FOR ADMISSION.
Section 235 of the Immigration and Nationality Act (8 U.S.C. 1225)
is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) in clauses (i) and (ii), by
striking ``section 212(a)(6)(C)''
inserting ``subparagraph (A) or (C) of
section 212(a)(6)''; and
(II) by adding at the end the
following:
``(iv) Ineligibility for parole.--An alien
described in clause (i) or (ii) shall not be
eligible for parole except as expressly
authorized pursuant to section 212(d)(5), or
for parole or release pursuant to section
236(a).''; and
(ii) in subparagraph (B)--
(I) in clause (ii), by striking
``asylum.'' and inserting ``asylum and
shall not be released (including
pursuant to parole or release pursuant
to section 236(a) but excluding as
expressly authorized pursuant to
section 212(d)(5)) other than to be
removed or returned to a country as
described in paragraph (3).''; and
(II) in clause (iii)(IV)--
(aa) in the header by
striking ``detention'' and
inserting ``detention, return,
or removal''; and
(bb) by adding at the end
the following: ``The alien
shall not be released
(including pursuant to parole
or release pursuant to section
236(a) but excluding as
expressly authorized pursuant
to section 212(d)(5)) other
than to be removed or returned
to a country as described in
paragraph (3).'';
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``Subject to
subparagraphs (B) and (C),'' and
inserting ``Subject to subparagraph (B)
and paragraph (3),''; and
(II) by adding at the end the
following: ``The alien shall not be
released (including pursuant to parole
or release pursuant to section 236(a)
but excluding as expressly authorized
pursuant to section 212(d)(5)) other
than to be removed or returned to a
country as described in paragraph
(3).''; and
(ii) by striking subparagraph (C);
(C) by redesignating paragraph (3) as paragraph
(5); and
(D) by inserting after paragraph (2) the following:
``(3) Return to foreign territory contiguous to the united
states.--
``(A) In general.--The Secretary of Homeland
Security may return to a foreign territory contiguous
to the United States any alien arriving on land from
that territory (whether or not at a designated port of
entry) pending a proceeding under section 240 or review
of a determination under subsection
(b)(1)(B)(iii)(III).
``(B) Mandatory return.--If at any time the
Secretary of Homeland Security cannot--
``(i) comply with its obligations to detain
an alien as required under clauses (ii) and
(iii)(IV) of subsection (b)(1)(B) and
subsection (b)(2)(A); or
``(ii) remove an alien to a country
described in section 208(a)(2)(A),
the Secretary of Homeland Security shall, without
exception, including pursuant to parole or release
pursuant to section 236(a) but excluding as expressly
authorized pursuant to section 212(d)(5), return to a
foreign territory contiguous to the United States any
alien arriving on land from that territory (whether or
not at a designated port of entry) pending a proceeding
under section 240 or review of a determination under
subsection (b)(1)(B)(iii)(III).
``(4) Enforcement by state attorneys general.--The attorney
general of a State, or other authorized State officer, alleging
a violation of the detention, return, or removal requirements
under paragraph (1), (2), or (3) that affects such State or its
residents, may bring an action against the Secretary of
Homeland Security on behalf of the residents of the State in an
appropriate United States district court to obtain appropriate
injunctive relief.''; and
(2) by adding at the end the following:
``(e) Authority To Prohibit Introduction of Certain Aliens.--If the
Secretary of Homeland Security determines, in his discretion, that the
prohibition of the introduction of aliens who are inadmissible under
subparagraph (A) or (C) of section 212(a)(6) or under section 212(a)(7)
at an international land or maritime border of the United States is
necessary to achieve operational control (as defined in section 2 of
the Secure Fence Act of 2006 (8 U.S.C. 1701 note)) of such border, the
Secretary may prohibit, in whole or in part, the introduction of such
aliens at such border for such period of time as the Secretary
determines is necessary for such purpose.''.
SEC. 202. OPERATIONAL DETENTION FACILITIES.
(a) In General.--Not later than September 30, 2023, the Secretary
of Homeland Security shall take all necessary actions to reopen or
restore all U.S. Immigration and Customs Enforcement detention
facilities that were in operation on January 20, 2021, that
subsequently closed or with respect to which the use was altered,
reduced, or discontinued after January 20, 2021. In carrying out the
requirement under this subsection, the Secretary may use the authority
under section 103(a)(11) of the Immigration and Nationality Act (8
U.S.C. 1103(a)(11)).
(b) Specific Facilities.--The requirement under subsection (a)
shall include at a minimum, reopening, or restoring, the following
facilities:
(1) Irwin County Detention Center in Georgia.
(2) C. Carlos Carreiro Immigration Detention Center in
Bristol County, Massachusetts.
(3) Etowah County Detention Center in Gadsden, Alabama.
(4) Glades County Detention Center in Moore Haven, Florida.
(5) South Texas Family Residential Center.
(c) Exception.--
(1) In general.--Except as provided in paragraphs (2) and
(3), the Secretary of Homeland Security is authorized to obtain
equivalent capacity for detention facilities at locations other
than those listed in subsection (b).
(2) Limitation.--The Secretary may not take action under
paragraph (1) unless the capacity obtained would result in a
reduction of time and cost relative to the cost and time
otherwise required to obtain such capacity.
(3) South texas family residential center.--The exception
under paragraph (1) shall not apply to the South Texas Family
Residential Center. The Secretary shall take all necessary
steps to modify and operate the South Texas Family Residential
Center in the same manner and capability it was operating on
January 20, 2021.
(d) Periodic Report.--Not later than 90 days after the date of the
enactment of this Act, and every 90 days thereafter until September 30,
2027, the Secretary of Homeland Security shall submit to the
appropriate congressional committees a detailed plan for and a status
report on--
(1) compliance with the deadline under subsection (a);
(2) the increase in detention capabilities required by this
section--
(A) for the 90-day period immediately preceding the
date such report is submitted; and
(B) for the period beginning on the first day of
the fiscal year during which the report is submitted,
and ending on the date such report is submitted;
(3) the number of detention beds that were used and the
number of available detention beds that were not used during--
(A) the 90-day period immediately preceding the
date such report is submitted; and
(B) the period beginning on the first day of the
fiscal year during which the report is submitted, and
ending on the date such report is submitted;
(4) the number of aliens released due to a lack of
available detention beds; and
(5) the resources the Department of Homeland Security needs
in order to comply with the requirements under this section.
(e) Notification.--The Secretary of Homeland Security shall notify
Congress, and include with such notification a detailed description of
the resources the Department of Homeland Security needs in order to
detain all aliens whose detention is mandatory or nondiscretionary
under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.)--
(1) not later than 5 days after all U.S. Immigration and
Customs Enforcement detention facilities reach 90 percent of
capacity;
(2) not later than 5 days after all U.S. Immigration and
Customs Enforcement detention facilities reach 95 percent of
capacity; and
(3) not later than 5 days after all U.S. Immigration and
Customs Enforcement detention facilities reach full capacity.
(f) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the Committee on the Judiciary of the House of
Representatives;
(2) the Committee on Appropriations of the House of
Representatives;
(3) the Committee on the Judiciary of the Senate; and
(4) the Committee on Appropriations of the Senate.
TITLE III--PREVENTING UNCONTROLLED MIGRATION FLOWS IN THE WESTERN
HEMISPHERE
SEC. 301. UNITED STATES POLICY REGARDING WESTERN HEMISPHERE COOPERATION
ON IMMIGRATION AND ASYLUM.
It is the policy of the United States to enter into agreements,
accords, and memoranda of understanding with countries in the Western
Hemisphere, the purposes of which are to advance the interests of the
United States by reducing costs associated with illegal immigration and
to protect the human capital, societal traditions, and economic growth
of other countries in the Western Hemisphere. It is further the policy
of the United States to ensure that humanitarian and development
assistance funding aimed at reducing illegal immigration is not
expended on programs that have not proven to reduce illegal immigrant
flows in the aggregate.
SEC. 302. NEGOTIATIONS BY SECRETARY OF STATE.
(a) Authorization To Negotiate.--The Secretary of State shall seek
to negotiate agreements, accords, and memoranda of understanding
between the United States, Mexico, Honduras, El Salvador, Guatemala,
and other countries in the Western Hemisphere with respect to
cooperation and burden sharing required for effective regional
immigration enforcement, expediting legal claims by aliens for asylum,
and the processing, detention, and repatriation of foreign nationals
seeking to enter the United States unlawfully. Such agreements shall be
designed to facilitate a regional approach to immigration enforcement
and shall, at a minimum, provide that--
(1) the Government of Mexico authorize and accept the rapid
entrance into Mexico of nationals of countries other than
Mexico who seek asylum in Mexico, and process the asylum claims
of such nationals inside Mexico, in accordance with both
domestic law and international treaties and conventions
governing the processing of asylum claims;
(2) the Government of Mexico authorize and accept both the
rapid entrance into Mexico of all nationals of countries other
than Mexico who are ineligible for asylum in Mexico and wish to
apply for asylum in the United States, whether or not at a port
of entry, and the continued presence of such nationals in
Mexico while they wait for the adjudication of their asylum
claims to conclude in the United States;
(3) the Government of Mexico commit to provide the
individuals described in paragraphs (1) and (2) with
appropriate humanitarian protections;
(4) the Government of Honduras, the Government of El
Salvador, and the Government of Guatemala each authorize and
accept the entrance into the respective countries of nationals
of other countries seeking asylum in the applicable such
country and process such claims in accordance with applicable
domestic law and international treaties and conventions
governing the processing of asylum claims;
(5) the Government of the United States commit to work to
accelerate the adjudication of asylum claims and to conclude
removal proceedings in the wake of asylum adjudications as
expeditiously as possible;
(6) the Government of the United States commit to continue
to assist the governments of countries in the Western
Hemisphere, such as the Government of Honduras, the Government
of El Salvador, and the Government of Guatemala, by supporting
the enhancement of asylum capacity in those countries; and
(7) the Government of the United States commit to
monitoring developments in hemispheric immigration trends and
regional asylum capabilities to determine whether additional
asylum cooperation agreements are warranted.
(b) Notification in Accordance With Case-Zablocki Act.--The
Secretary of State shall, in accordance with section 112b of title 1,
United States Code, promptly inform the relevant congressional
committees of each agreement entered into pursuant to subsection (a).
Such notifications shall be submitted not later than 48 hours after
such agreements are signed.
(c) Alien Defined.--In this section, the term ``alien'' has the
meaning given such term in section 101 of the Immigration and
Nationality Act (8 U.S.C. 1101).
SEC. 303. MANDATORY BRIEFINGS ON UNITED STATES EFFORTS TO ADDRESS THE
BORDER CRISIS.
(a) Briefing Required.--Not later than 90 days after the date of
the enactment of this Act, and not less frequently than once every 90
days thereafter until the date described in subsection (b), the
Secretary of State, or the designee of the Secretary of State, shall
provide to the appropriate congressional committees an in-person
briefing on efforts undertaken pursuant to the negotiation authority
provided by section 302 of this title to monitor, deter, and prevent
illegal immigration to the United States, including by entering into
agreements, accords, and memoranda of understanding with foreign
countries and by using United States foreign assistance to stem the
root causes of migration in the Western Hemisphere.
(b) Termination of Mandatory Briefing.--The date described in this
subsection is the date on which the Secretary of State, in consultation
with the heads of other relevant Federal departments and agencies,
determines and certifies to the appropriate congressional committees
that illegal immigration flows have subsided to a manageable rate.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the Committee
on Foreign Affairs of the House of Representatives and the Committee on
Foreign Relations of the Senate.
TITLE IV--ENSURING UNITED FAMILIES AT THE BORDER
SEC. 401. CLARIFICATION OF STANDARDS FOR FAMILY DETENTION.
(a) In General.--Section 235 of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) is
amended by adding at the end the following:
``(j) Construction.--
``(1) In general.--Notwithstanding any other provision of
law, judicial determination, consent decree, or settlement
agreement, the detention of any alien child who is not an
unaccompanied alien child shall be governed by sections 217,
235, 236, and 241 of the Immigration and Nationality Act (8
U.S.C. 1187, 1225, 1226, and 1231). There is no presumption
that an alien child who is not an unaccompanied alien child
should not be detained.
``(2) Family detention.--The Secretary of Homeland Security
shall--
``(A) maintain the care and custody of an alien,
during the period during which the charges described in
clause (i) are pending, who--
``(i) is charged only with a misdemeanor
offense under section 275(a) of the Immigration
and Nationality Act (8 U.S.C. 1325(a)); and
``(ii) entered the United States with the
alien's child who has not attained 18 years of
age; and
``(B) detain the alien with the alien's child.''.
(b) Sense of Congress.--It is the sense of Congress that the
amendments in this section to section 235 of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C.
1232) are intended to satisfy the requirements of the Settlement
Agreement in Flores v. Meese, No. 85-4544 (C.D. Cal), as approved by
the court on January 28, 1997, with respect to its interpretation in
Flores v. Johnson, 212 F. Supp. 3d 864 (C.D. Cal. 2015), that the
agreement applies to accompanied minors.
(c) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply to
all actions that occur before, on, or after such date.
(d) Preemption of State Licensing Requirements.--Notwithstanding
any other provision of law, judicial determination, consent decree, or
settlement agreement, no State may require that an immigration
detention facility used to detain children who have not attained 18
years of age, or families consisting of one or more of such children
and the parents or legal guardians of such children, that is located in
that State, be licensed by the State or any political subdivision
thereof.
TITLE V--PROTECTION OF CHILDREN
SEC. 501. FINDINGS.
Congress makes the following findings:
(1) Implementation of the provisions of the Trafficking
Victims Protection Reauthorization Act of 2008 that govern
unaccompanied alien children has incentivized multiple surges
of unaccompanied alien children arriving at the southwest
border in the years since the bill's enactment.
(2) The provisions of the Trafficking Victims Protection
Reauthorization Act of 2008 that govern unaccompanied alien
children treat unaccompanied alien children from countries that
are contiguous to the United States disparately by swiftly
returning them to their home country absent indications of
trafficking or a credible fear of return, but allowing for the
release of unaccompanied alien children from noncontiguous
countries into the interior of the United States, often to
those individuals who paid to smuggle them into the country in
the first place.
(3) The provisions of the Trafficking Victims Protection
Reauthorization Act of 2008 governing unaccompanied alien
children have enriched the cartels, who profit hundreds of
millions of dollars each year by smuggling unaccompanied alien
children to the southwest border, exploiting and sexually
abusing many such unaccompanied alien children on the perilous
journey.
(4) Prior to 2008, the number of unaccompanied alien
children encountered at the southwest border never exceeded
1,000 in a single year.
(5) The United States is currently in the midst of the
worst crisis of unaccompanied alien children in our nation's
history, with over 350,000 such unaccompanied alien children
encountered at the southwest border since Joe Biden became
President.
(6) In 2022, during the Biden Administration, 152,057
unaccompanied alien children were encountered, the most ever in
a single year and an over 400 percent increase compared to the
last full fiscal year of the Trump Administration in which
33,239 unaccompanied alien children were encountered.
(7) The Biden Administration has lost contact with at least
85,000 unaccompanied alien children who entered the United
States since Joe Biden took office.
(8) The Biden Administration dismantled effective
safeguards put in place by the Trump Administration that
protected unaccompanied alien children from being abused by
criminals or exploited for illegal and dangerous child labor.
(9) A recent New York Times investigation found that
unaccompanied alien children are being exploited in the labor
market and ``are ending up in some of the most punishing jobs
in the country.''.
(10) The Times investigation found unaccompanied alien
children, ``under intense pressure to earn money'' in order to
``send cash back to their families while often being in debt to
their sponsors for smuggling fees, rent, and living expenses,''
feared ``that they had become trapped in circumstances they
never could have imagined.''.
(11) The Biden Administration's Department of Health and
Human Services Secretary Xavier Becerra compared placing
unaccompanied alien children with sponsors, to widgets in an
assembly line, stating that, ``If Henry Ford had seen this in
his plant, he would have never become famous and rich. This is
not the way you do an assembly line.''.
(12) Department of Health and Human Services employees
working under Secretary Xavier Becerra's leadership penned a
July 2021 memorandum expressing serious concern that ``labor
trafficking was increasing'' and that the agency had become
``one that rewards individuals for making quick releases, and
not one that rewards individuals for preventing unsafe
releases.''.
(13) Despite this, Secretary Xavier Becerra pressured then-
Director of the Office of Refugee Resettlement Cindy Huang to
prioritize releases of unaccompanied alien children over
ensuring their safety, telling her ``if she could not increase
the number of discharges he would find someone who could'' and
then-Director Huang resigned one month later.
(14) In June 2014, the Obama-Biden Administration requested
legal authority to exercise discretion in returning and
removing unaccompanied alien children from non-contiguous
countries back to their home countries.
(15) In August 2014, the House of Representatives passed
H.R. 5320, which included the Protection of Children Act.
(16) This title ends the disparate policies of the
Trafficking Victims Protection Reauthorization Act of 2008 by
ensuring the swift return of all unaccompanied alien children
to their country of origin if they are not victims of
trafficking and do not have a fear of return.
SEC. 502. REPATRIATION OF UNACCOMPANIED ALIEN CHILDREN.
(a) In General.--Section 235 of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) is
amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) by amending the heading to read as
follows: ``Rules for unaccompanied alien
children.--'';
(ii) in subparagraph (A)--
(I) in the matter preceding clause
(i), by striking ``who is a national or
habitual resident of a country that is
contiguous with the United States'';
(II) in clause (i), by inserting
``and'' at the end;
(III) in clause (ii), by striking
``; and'' and inserting a period; and
(IV) by striking clause (iii); and
(iii) in subparagraph (B)--
(I) in the matter preceding clause
(i), by striking ``(8 U.S.C. 1101 et
seq.) may--'' and inserting ``(8 U.S.C.
1101 et seq.)--'';
(II) in clause (i), by inserting
before ``permit such child to
withdraw'' the following: ``may''; and
(III) in clause (ii), by inserting
before ``return such child'' the
following: ``shall''; and
(B) in paragraph (5)(D)--
(i) in the matter preceding clause (i), by
striking ``, except for an unaccompanied alien
child from a contiguous country subject to
exceptions under subsection (a)(2),'' and
inserting ``who does not meet the criteria
listed in paragraph (2)(A)''; and
(ii) in clause (i), by inserting before the
semicolon at the end the following: ``, which
shall include a hearing before an immigration
judge not later than 14 days after being
screened under paragraph (4)'';
(2) in subsection (b)--
(A) in paragraph (2)--
(i) in subparagraph (A), by inserting
before the semicolon the following: ``believed
not to meet the criteria listed in subsection
(a)(2)(A)''; and
(ii) in subparagraph (B), by inserting
before the period the following: ``and does not
meet the criteria listed in subsection
(a)(2)(A)''; and
(B) in paragraph (3), by striking ``an
unaccompanied alien child in custody shall'' and all
that follows, and inserting the following: ``an
unaccompanied alien child in custody--
``(A) in the case of a child who does not meet the
criteria listed in subsection (a)(2)(A), shall transfer
the custody of such child to the Secretary of Health
and Human Services not later than 30 days after
determining that such child is an unaccompanied alien
child who does not meet such criteria; or
``(B) in the case of a child who meets the criteria
listed in subsection (a)(2)(A), may transfer the
custody of such child to the Secretary of Health and
Human Services after determining that such child is an
unaccompanied alien child who meets such criteria.'';
and
(3) in subsection (c)--
(A) in paragraph (3), by inserting at the end the
following:
``(D) Information about individuals with whom
children are placed.--
``(i) Information to be provided to
homeland security.--Before placing a child with
an individual, the Secretary of Health and
Human Services shall provide to the Secretary
of Homeland Security, regarding the individual
with whom the child will be placed, information
on--
``(I) the name of the individual;
``(II) the social security number
of the individual;
``(III) the date of birth of the
individual;
``(IV) the location of the
individual's residence where the child
will be placed;
``(V) the immigration status of the
individual, if known; and
``(VI) contact information for the
individual.
``(ii) Activities of the secretary of
homeland security.--Not later than 30 days
after receiving the information listed in
clause (i), the Secretary of Homeland Security,
upon determining that an individual with whom a
child is placed is unlawfully present in the
United States and not in removal proceedings
pursuant to chapter 4 of title II of the
Immigration and Nationality Act (8 U.S.C. 1221
et seq.), shall initiate such removal
proceedings.''; and
(B) in paragraph (5)--
(i) by inserting after ``to the greatest
extent practicable'' the following: ``(at no
expense to the Government)''; and
(ii) by striking ``have counsel to
represent them'' and inserting ``have access to
counsel to represent them''.
(b) Effective Date.--The amendments made by this section shall
apply to any unaccompanied alien child (as such term is defined in
section 462(g) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)))
apprehended on or after the date that is 30 days after the date of the
enactment of this Act.
SEC. 503. SPECIAL IMMIGRANT JUVENILE STATUS FOR IMMIGRANTS UNABLE TO
REUNITE WITH EITHER PARENT.
Section 101(a)(27)(J) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(27)(J)) is amended--
(1) in clause (i), by striking ``, and whose reunification
with 1 or both of the immigrant's parents is not viable due to
abuse, neglect, abandonment, or a similar basis found under
State law''; and
(2) in clause (iii)--
(A) in subclause (I), by striking ``and'' at the
end;
(B) in subclause (II), by inserting ``and'' after
the semicolon; and
(C) by adding at the end the following:
``(III) an alien may not be granted
special immigrant status under this
subparagraph if the alien's
reunification with any one parent or
legal guardian is not precluded by
abuse, neglect, abandonment, or any
similar cause under State law;''.
SEC. 504. RULE OF CONSTRUCTION.
Nothing in this title shall be construed to limit the following
procedures or practices relating to an unaccompanied alien child (as
defined in section 462(g)(2) of the Homeland Security Act of 2002 (6
U.S.C. 279(g)(2))):
(1) Screening of such a child for a credible fear of return
to his or her country of origin.
(2) Screening of such a child to determine whether he or
she was a victim of trafficking.
(3) Department of Health and Human Services policy in
effect on the date of the enactment of this Act requiring a
home study for such a child if he or she is under 12 years of
age.
TITLE VI--VISA OVERSTAYS PENALTIES
SEC. 601. EXPANDED PENALTIES FOR ILLEGAL ENTRY OR PRESENCE.
Section 275 of the Immigration and Nationality Act (8 U.S.C. 1325)
is amended--
(1) in subsection (a) by inserting after ``for a subsequent
commission of any such offense'' the following: ``or if the
alien was previously convicted of an offense under subsection
(e)(2)(A)'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``at least $50
and not more than $250'' and inserting ``not less than
$500 and not more than $1,000''; and
(B) in paragraph (2), by inserting after ``in the
case of an alien who has been previously subject to a
civil penalty under this subsection'' the following:
``or subsection (e)(2)(B)''; and
(3) by adding at the end the following:
``(e) Visa Overstays.--
``(1) In general.--An alien who was admitted as a
nonimmigrant has violated this paragraph if the alien, for an
aggregate of 10 days or more, has failed--
``(A) to maintain the nonimmigrant status in which
the alien was admitted, or to which it was changed
under section 248, including complying with the period
of stay authorized by the Secretary of Homeland
Security in connection with such status; or
``(B) to comply otherwise with the conditions of
such nonimmigrant status.
``(2) Penalties.--An alien who has violated paragraph (1)--
``(A) shall--
``(i) for the first commission of such a
violation, be fined under title 18, United
States Code, or imprisoned not more than 6
months, or both; and
``(ii) for a subsequent commission of such
a violation, or if the alien was previously
convicted of an offense under subsection (a),
be fined under such title 18, or imprisoned not
more than 2 years, or both; and
``(B) in addition to, and not in lieu of, any
penalty under subparagraph (A) and any other criminal
or civil penalties that may be imposed, shall be
subject to a civil penalty of--
``(i) not less than $500 and not more than
$1,000 for each violation; or
``(ii) twice the amount specified in clause
(i), in the case of an alien who has been
previously subject to a civil penalty under
this subparagraph or subsection (b).''.
TITLE VII--IMMIGRATION PAROLE REFORM
SEC. 701. IMMIGRATION PAROLE REFORM.
Section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C.
1182(d)(5)) is amended to read as follows:
``(5)(A) Except as provided in subparagraphs (B) and (C) and
section 214(f), the Secretary of Homeland Security, in the discretion
of the Secretary, may temporarily parole into the United States any
alien applying for admission to the United States who is not present in
the United States, under such conditions as the Secretary may
prescribe, on a case-by-case basis, and not according to eligibility
criteria describing an entire class of potential parole recipients, for
urgent humanitarian reasons or significant public benefit. Parole
granted under this subparagraph may not be regarded as an admission of
the alien. When the purposes of such parole have been served in the
opinion of the Secretary, the alien shall immediately return or be
returned to the custody from which the alien was paroled. After such
return, the case of the alien shall be dealt with in the same manner as
the case of any other applicant for admission to the United States.
``(B) The Secretary of Homeland Security may grant parole to any
alien who--
``(i) is present in the United States without lawful
immigration status;
``(ii) is the beneficiary of an approved petition under
section 203(a);
``(iii) is not otherwise inadmissible or removable; and
``(iv) is the spouse or child of a member of the Armed
Forces serving on active duty.
``(C) The Secretary of Homeland Security may grant parole to any
alien--
``(i) who is a national of the Republic of Cuba and is
living in the Republic of Cuba;
``(ii) who is the beneficiary of an approved petition under
section 203(a);
``(iii) for whom an immigrant visa is not immediately
available;
``(iv) who meets all eligibility requirements for an
immigrant visa;
``(v) who is not otherwise inadmissible; and
``(vi) who is receiving a grant of parole in furtherance of
the commitment of the United States to the minimum level of
annual legal migration of Cuban nationals to the United States
specified in the U.S.-Cuba Joint Communique on Migration, done
at New York September 9, 1994, and reaffirmed in the Cuba-
United States: Joint Statement on Normalization of Migration,
Building on the Agreement of September 9, 1994, done at New
York May 2, 1995.
``(D) The Secretary of Homeland Security may grant parole to an
alien who is returned to a contiguous country under section 235(b)(3)
to allow the alien to attend the alien's immigration hearing. The grant
of parole shall not exceed the time required for the alien to be
escorted to, and attend, the alien's immigration hearing scheduled on
the same calendar day as the grant, and to immediately thereafter be
escorted back to the contiguous country. A grant of parole under this
subparagraph shall not be considered for purposes of determining
whether the alien is inadmissible under this Act.
``(E) For purposes of determining an alien's eligibility for parole
under subparagraph (A), an urgent humanitarian reason shall be limited
to circumstances in which the alien establishes that--
``(i)(I) the alien has a medical emergency; and
``(II)(aa) the alien cannot obtain necessary treatment in
the foreign state in which the alien is residing; or
``(bb) the medical emergency is life-threatening and there
is insufficient time for the alien to be admitted to the United
States through the normal visa process;
``(ii) the alien is the parent or legal guardian of an
alien described in clause (i) and the alien described in clause
(i) is a minor;
``(iii) the alien is needed in the United States in order
to donate an organ or other tissue for transplant and there is
insufficient time for the alien to be admitted to the United
States through the normal visa process;
``(iv) the alien has a close family member in the United
States whose death is imminent and the alien could not arrive
in the United States in time to see such family member alive if
the alien were to be admitted to the United States through the
normal visa process;
``(v) the alien is seeking to attend the funeral of a close
family member and the alien could not arrive in the United
States in time to attend such funeral if the alien were to be
admitted to the United States through the normal visa process;
``(vi) the alien is an adopted child with an urgent medical
condition who is in the legal custody of the petitioner for a
final adoption-related visa and whose medical treatment is
required before the expected award of a final adoption-related
visa; or
``(vii) the alien is a lawful applicant for adjustment of
status under section 245 and is returning to the United States
after temporary travel abroad.
``(F) For purposes of determining an alien's eligibility for parole
under subparagraph (A), a significant public benefit may be determined
to result from the parole of an alien only if--
``(i) the alien has assisted (or will assist, whether
knowingly or not) the United States Government in a law
enforcement matter;
``(ii) the alien's presence is required by the Government
in furtherance of such law enforcement matter; and
``(iii) the alien is inadmissible, does not satisfy the
eligibility requirements for admission as a nonimmigrant, or
there is insufficient time for the alien to be admitted to the
United States through the normal visa process.
``(G) For purposes of determining an alien's eligibility for parole
under subparagraph (A), the term `case-by-case basis' means that the
facts in each individual case are considered and parole is not granted
based on membership in a defined class of aliens to be granted parole.
The fact that aliens are considered for or granted parole one-by-one
and not as a group is not sufficient to establish that the parole
decision is made on a `case-by-case basis'.
``(H) The Secretary of Homeland Security may not use the parole
authority under this paragraph to parole an alien into the United
States for any reason or purpose other than those described in
subparagraphs (B), (C), (D), (E), and (F).
``(I) An alien granted parole may not accept employment, except
that an alien granted parole pursuant to subparagraph (B) or (C) is
authorized to accept employment for the duration of the parole, as
evidenced by an employment authorization document issued by the
Secretary of Homeland Security.
``(J) Parole granted after a departure from the United States shall
not be regarded as an admission of the alien. An alien granted parole,
whether as an initial grant of parole or parole upon reentry into the
United States, is not eligible to adjust status to lawful permanent
residence or for any other immigration benefit if the immigration
status the alien had at the time of departure did not authorize the
alien to adjust status or to be eligible for such benefit.
``(K)(i) Except as provided in clauses (ii) and (iii), parole shall
be granted to an alien under this paragraph for the shorter of--
``(I) a period of sufficient length to accomplish the
activity described in subparagraph (D), (E), or (F) for which
the alien was granted parole; or
``(II) 1 year.
``(ii) Grants of parole pursuant to subparagraph (A) may be
extended once, in the discretion of the Secretary, for an additional
period that is the shorter of--
``(I) the period that is necessary to accomplish the
activity described in subparagraph (E) or (F) for which the
alien was granted parole; or
``(II) 1 year.
``(iii) Aliens who have a pending application to adjust status to
permanent residence under section 245 may request extensions of parole
under this paragraph, in 1-year increments, until the application for
adjustment has been adjudicated. Such parole shall terminate
immediately upon the denial of such adjustment application.
``(L) Not later than 90 days after the last day of each fiscal
year, the Secretary of Homeland Security shall submit to the Committee
on the Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives and make available to the public, a
report--
``(i) identifying the total number of aliens paroled into
the United States under this paragraph during the previous
fiscal year; and
``(ii) containing information and data regarding all aliens
paroled during such fiscal year, including--
``(I) the duration of parole;
``(II) the type of parole; and
``(III) the current status of the aliens so
paroled.''.
SEC. 702. IMPLEMENTATION.
(a) In General.--Except as provided in subsection (b), this title
and the amendments made by this title shall take effect on the date
that is 30 days after the date of the enactment of this Act.
(b) Exceptions.--Notwithstanding subsection (a), each of the
following exceptions apply:
(1) Any application for parole or advance parole filed by
an alien before the date of the enactment of this Act shall be
adjudicated under the law that was in effect on the date on
which the application was properly filed and any approved
advance parole shall remain valid under the law that was in
effect on the date on which the advance parole was approved.
(2) Section 212(d)(5)(J) of the Immigration and Nationality
Act, as added by section 701 of this title, shall take effect
on the date of the enactment of this Act.
(3) Aliens who were paroled into the United States pursuant
to section 212(d)(5)(A) of the Immigration and Nationality Act
(8 U.S.C. 1182(d)(5)(A)) before January 1, 2023, shall continue
to be subject to the terms of parole that were in effect on the
date on which their respective parole was approved.
SEC. 703. CAUSE OF ACTION.
Any person, State, or local government that experiences financial
harm in excess of $1,000 due to a failure of the Federal Government to
lawfully apply the provisions of this title or the amendments made by
this title shall have standing to bring a civil action against the
Federal Government in an appropriate district court of the United
States for appropriate relief.
SEC. 704. SEVERABILITY.
If any provision of this title or any amendment by this title, or
the application of such provision or amendment to any person or
circumstance, is held to be unconstitutional, the remainder of this
title and the application of such provision or amendment to any other
person or circumstance shall not be affected.
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