[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4361 Placed on Calendar Senate (PCS)]
<DOC>
Calendar No. 397
118th CONGRESS
2d Session
S. 4361
Making emergency supplemental appropriations for border security and
combatting fentanyl for the fiscal year ending September 30, 2024, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 16, 2024
Mr. Murphy introduced the following bill; which was read the first time
May 20, 2024
Read the second time and placed on the calendar
_______________________________________________________________________
A BILL
Making emergency supplemental appropriations for border security and
combatting fentanyl for the fiscal year ending September 30, 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 ``Border Act of 2024''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short Title.
Sec. 2. Table of Contents.
Sec. 3. References.
DIVISION A--BORDER SECURITY AND COMBATTING FENTANYL SUPPLEMENTAL
APPROPRIATIONS ACT, 2024
DIVISION B--BORDER ACT
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--BORDER SECURITY AND COMBATTING FENTANYL SUPPLEMENTAL
APPROPRIATIONS ACT, 2024
The following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2024, and for other purposes, namely:
TITLE I
DEPARTMENT OF JUSTICE
Executive Office for Immigration Review
For an additional amount for ``Executive Office for Immigration
Review'', $440,000,000, to remain available until September 30, 2026:
Provided, That of the total amounts provided under this heading in this
Act, $404,000,000 shall be for Immigration Judge Teams, including
appropriate attorneys, law clerks, paralegals, court administrators,
and other support staff, as well as necessary court and adjudicatory
costs, and $36,000,000 shall be for representation for certain
incompetent adults pursuant to section 240(e) of the Immigration and
Nationality Act (8 U.S.C. 1229a(e)): Provided further, That not more
than 3 percent of the funds available for representation for certain
incompetent adults in the preceding proviso shall be available for
necessary administrative expenses: Provided further, That with the
exception of immigration judges appointed pursuant to section 1003.10
of title 8, Code of Federal Regulations, amounts provided under this
heading in this Act for Immigration Judge Teams may not be used to
increase the number of permanent positions: Provided further, That the
Executive Office for Immigration Review shall submit a spending plan to
the Committees on Appropriations of the House of Representatives and
the Senate within 45 days after the date of enactment of this Act:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Legal Activities
salaries and expenses, general legal activities
For an additional amount for ``Salaries and Expenses, General Legal
Activities'', $11,800,000, to remain available until September 30,
2026, for necessary expenses of the Criminal Division associated with
the Joint Task Force Alpha's efforts to combat human trafficking and
smuggling in the Western Hemisphere: Provided, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
United States Marshals Service
federal prisoner detention
For an additional amount for ``United States Marshals Service--
Federal Prisoner Detention'', $210,000,000, to remain available until
expended, for detention costs due to enforcement activities along the
southern and northern borders: Provided, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Federal Bureau of Investigation
salaries and expenses
For an additional amount for ``Federal Bureau of Investigation--
Salaries and Expenses'', $204,000,000, to remain available until
September 30, 2026, for expenses related to the analysis of DNA
samples, including those samples collected from migrants detained by
the United States Border Patrol: Provided, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Drug Enforcement Administration
salaries and expenses
For an additional amount for ``Drug Enforcement Administration--
Salaries and Expenses'', $23,200,000, to remain available until
September 30, 2026, to enhance laboratory analysis of illicit fentanyl
samples to trace illicit fentanyl supplies back to manufacturers, to
support Operation Overdrive, and to bolster criminal drug network
targeting efforts through data system improvements: Provided, That
such amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
TITLE II
DEPARTMENT OF HOMELAND SECURITY
DEPARTMENTAL MANAGEMENT, INTELLIGENCE, SITUATIONAL AWARENESS, AND
OVERSIGHT
Office of the Secretary and Executive Management
operations and support
For an additional amount for ``Office of the Secretary and
Executive Management--Operations and Support'', $33,000,000, to remain
available until September 30, 2026, of which $30,000,000 shall be for
necessary expenses relating to monitoring, recording, analyzing, public
reporting on, and projecting migration flows and the impacts policy
changes and funding have on flows and related resource requirements for
border security, immigration enforcement, and immigration services and
of which $3,000,000 shall be for the Office of the Immigration
Detention Ombudsman for reporting and oversight relating to expanded
detention capacity: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
operations and support
(including transfer of funds)
For an additional amount for ``U.S. Customs and Border Protection--
Operations and Support'', $4,001,239,000, to remain available until
September 30, 2026: Provided, That of the total amount provided under
this heading in this Act, $2,091,363,000 shall be for operational
requirements relating to migration surges along the southwest border,
counter-fentanyl activities, necessary expenses at ports of entry,
reimbursement to the Department of Defense for border operations
support, and other related expenses; $1,134,876,000 shall be for the
hiring of U.S. Customs and Border Protection personnel; $25,000,000
shall be for familial DNA testing; and $750,000,000 shall be
transferred to ``Federal Emergency Management Agency--Federal
Assistance'' to support sheltering and related activities provided by
non-Federal entities through the Shelter and Services Program:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
procurement, construction, and improvements
For an additional amount for ``U.S. Customs and Border Protection--
Procurement, Construction, and Improvements'', $2,334,000,000, to
remain available until September 30, 2027: Provided, That of the total
amount provided under this heading in this Act, $2,000,000,000 shall be
for acquisition and deployment of non-intrusive inspection technology,
$260,000,000 shall be for acquisition and deployment of border security
technology, and $74,000,000 shall be for acquisition and deployment of
air assets: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
U.S. Immigration and Customs Enforcement
operations and support
For an additional amount for ``U.S. Immigration and Customs
Enforcement--Operations and Support'', $6,043,876,000, to remain
available until September 30, 2026: Provided, That of the total amount
provided under this heading in this Act, $1,671,614,000 shall be for
increased custodial detention capacity, $2,465,643,000 shall be for
increased removal flights and related activities, including short-term
staging facilities, $415,752,000 shall be for hiring U.S. Immigration
and Customs Enforcement personnel, $203,765,000 shall be for counter
fentanyl investigations and enforcement, and $1,287,102,000 shall be
for increased enrollment capabilities and related activities within the
Alternatives to Detention program: Provided further, That such amount
is designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Federal Emergency Management Agency
federal assistance
For an additional amount for ``Federal Emergency Management
Agency--Federal Assistance'', $100,000,000, to remain available until
September 30, 2025, for Operation Stonegarden: Provided, That not less
than 25 percent of the total amount provided under this heading in this
Act shall be for States other than those located along the southwest
border: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
U.S. Citizenship and Immigration Services
operations and support
For an additional amount for ``U.S. Citizenship and Immigration
Services--Operations and Support'', $3,995,842,000, to remain available
until September 30, 2026: Provided, That of the total amount provided
under this heading in this Act, $3,383,262,000 shall be for hiring and
associated costs, $112,580,000 shall be for non-personnel operations,
including transcription services, and $500,000,000 shall be for
facilities: Provided further, That such amounts shall be in addition
to any other amounts made available for such purposes, and shall not be
construed to require any reduction of any fee described in section
286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)):
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Federal Law Enforcement Training Centers
operations and support
For an additional amount for ``Federal Law Enforcement Training
Centers--Operations and Support'', $50,703,000, to remain available
until September 30, 2026: Provided, That of the total amount provided
under this heading in this Act, $49,603,000 shall be for training-
related expenses, to include instructors, tuition, and overhead costs
associated with the delivery of basic law enforcement training and
$1,100,000 shall be for the necessary mission support activities and
facility maintenance required for law enforcement training: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS--THIS TITLE
Sec. 201. (a) The Secretary shall, by March 1, 2025, and quarterly
thereafter, provide to the Committees on Appropriations of the House of
Representatives and the Senate a report describing changes in
performance metrics and operational capabilities relating to border
security, immigration enforcement, and immigration services, and the
relationship of those changes to actual and projected encounters on the
southwest border.
(b) The report required by subsection (a) shall also include an
analytic assessment of how policy changes and resources provided in
this title of this Act impact efficiencies and resource needs for--
(1) other programs within the Department; and
(2) other Federal Departments and agencies.
Sec. 202. (a) Amounts made available in this Act under the heading
``U.S. Customs and Border Protection--Procurement, Construction, and
Improvements'' for acquisition and deployment of border security
technology shall be available only as follows:
(1) $170,000,000 for the procurement and deployment of
autonomous surveillance towers systems in locations that are
not currently covered by such systems or technology, as defined
in subsection (d);
(2) $47,500,000 for the procurement and deployment of
mobile surveillance capabilities, including mobile video
surveillance systems and for obsolete mobile surveillance
equipment replacement, counter-UAS, and small unmanned aerial
systems;
(3) $25,000,000 for subterranean detection capabilities;
(4) $7,500,000 for seamless integrated communications to
extend connectivity for Border Patrol agents; and
(5) $10,000,000 for the acquisition of data from long
duration unmanned surface vehicles in support of maritime
border security.
(b) None of the funds available under subsection (a)(1) shall be
used for the procurement or deployment of border security technology
that is not autonomous.
(c) For the purposes of this section, ``autonomous'' and
``autonomous surveillance tower systems'' are defined as integrated
software and/or hardware systems that utilize sensors, onboard
computing, and artificial intelligence to identify items of interest
that would otherwise be manually identified by personnel.
(d) Not later than 90 days after the date of enactment of this Act,
and monthly thereafter, U.S. Customs and Border Protection shall
provide to the Committees on Appropriations of the House of
Representatives and the Senate an expenditure plan for the use of the
funds available under subsection (a)(1) and such expenditure plan shall
include the following:
(1) the number and type of systems that will be procured;
(2) the U.S. Border Patrol sectors where each system will
be deployed;
(3) a timeline for system deployments, including a timeline
for securing necessary approvals and land rights;
(4) estimated annual sustainment costs for the systems; and
(5) other supporting information.
Sec. 203. (a) Amounts made available in this Act under the heading
``U.S. Customs and Border Protection--Procurement, Construction, and
Improvements'' for acquisition and deployment of non-intrusive
inspection technology shall be available only through an open
competition occurring after the date of enactment of this Act to
acquire innovative technologies that improve performance, including
through the integration of artificial intelligence and machine learning
capabilities.
(b) Beginning on March 1, 2025, the Commissioner of U.S. Customs
and Border Protection shall provide to the Committees on Appropriations
of the House of Representatives and the Senate a quarterly update on
the impacts of deployments of additional non-intrusive inspection
technology on key performance metrics and operational capabilities and
such expenditure plan shall include the following:
(1) the percentage of passenger and cargo vehicles scanned;
(2) the percentage of seizures of narcotics, currency,
weapons, and ammunition, and other illicit items at inbound and
outbound operations at ports of entry, checkpoints, and other
locations as applicable; and
(3) the impact on U.S. Customs and Border Protection
workforce requirements resulting from the deployment of
additional non-intrusive inspection technology.
Sec. 204. (a) Not later than 30 days after the date of enactment of
this Act, the Under Secretary for Management at the Department of
Homeland Security shall provide to the Committees on Appropriations of
the House of Representatives and the Senate an expenditure and hiring
plan for amounts made available in this title of this Act.
(b) The plan required in subsection (a) shall not apply to funds
made available in this Act under the heading ``Federal Emergency
Management Agency--Federal Assistance'' or to funds transferred by this
Act to such heading.
(c) The plan required in subsection (a) shall be updated and
submitted to the Committees on Appropriations of the House of
Representatives and the Senate every 30 days and no later than the 5th
day of each month to reflect changes to the plan and expenditures of
funds until all funds made available in this title of this Act are
expended or have expired.
(d) None of the funds made available in this title of this Act may
be obligated prior to the submission of such plan.
Sec. 205. The remaining unobligated balances, as of the date of
enactment of this Act, from amounts made available under the heading
``U.S. Customs and Border Protection--Procurement, Construction, and
Improvements'' in division D of the Consolidated Appropriations Act,
2020 (Public Law 116-93) and described in section 209(a)(1) of such
division of that Act and division F of the Consolidated Appropriations
Act, 2021 (Public Law 116-260) and described in section 210 of such
division of that Act are hereby rescinded, and an amount of additional
new budget authority equivalent to the amount rescinded pursuant to
this section is hereby appropriated, for an additional amount for
fiscal year 2024, to remain available until September 30, 2028, and
shall be available for the same purposes and under the same authorities
and conditions for which such amounts were originally provided in such
Acts: Provided, That none of the funds allocated for pedestrian
physical barriers pursuant to this section may be made available for
any purpose other than the construction of steel bollard pedestrian
barrier built at least 18 to 30 feet in effective height and augmented
with anti-climb and anti-dig features: Provided further, That for
purposes of this section, the term ``effective height'' refers to the
height above the level of the adjacent terrain features: Provided
further, That none of the funds allocated for pedestrian physical
barriers pursuant to this section may be made available for any purpose
other than construction of pedestrian barriers consistent with the
description in the first proviso at locations identified in the Border
Security Improvement Plan submitted to Congress on August 1, 2020:
Provided further, That the Commissioner of U.S. Customs and Border
Protection may reprioritize the construction of physical barriers
outlined in the Border Security Improvement Plan and, with prior
approval of the Committees on Appropriations of the House of
Representatives and the Senate, add additional miles of pedestrian
physical barriers where no such barriers exist, prioritized by
operational requirements developed in coordination with U.S. Border
Patrol leadership: Provided further, That within 180 days of the date
of enactment of this Act, the Secretary shall submit a report to the
Committees on Appropriations of the House of Representatives and the
Senate detailing how the funds will be used, by sector, to include the
number of miles to be built: Provided further, That none of the funds
made available pursuant to this section shall be available for
obligation until the Secretary submits the report detailed in the
preceding proviso.
Sec. 206. (a) Not later than 60 days after the date of the
enactment of this Act and monthly thereafter, the Director of U.S.
Immigration and Customs Enforcement (in this section, referred to as
the ``Director'') shall provide to the Committees on Appropriations of
the House of Representatives and the Senate data detailing the number
of weekly removal flights conducted by U.S. Immigration and Customs
Enforcement, the cost per flight, the number of individuals by
nationality on each flight, the average length of time by nationality
between when the individual was removed and when the individual's final
order of removal was issued, and the number of empty seats on each
flight.
(b) The Director shall also provide to the Committees on
Appropriations of the House of Representatives and the Senate data
detailing the number of voluntary repatriations coordinated by U.S.
Immigration and Customs Enforcement, the costs associated with each
repatriation, the number of individuals by nationality, the average
length of time by nationality between when the individual was removed
and when the individual's final order of removal was issued, and the
number of individuals that have opted into this program still awaiting
repatriation.
Sec. 207. (a) Not later than 30 days after the date of enactment of
this Act and weekly thereafter, the Director of U.S. Immigration and
Customs Enforcement (in this section referred to as the ``Director'')
shall provide to the Committees on Appropriations of the House of
Representatives and the Senate a plan to increase custodial detention
capacity using the funds provided for such purpose in this title of
this Act, until such funds are expended.
(b) The plan required by subsection (a) shall also include data on
all detention capacity to which U.S. Immigration and Customs
Enforcement has access but cannot use, the reason that the capacity
cannot be used, and a course of action for mitigating utilization
issues.
(c) The Director shall provide notice to the Committees on
Appropriations of the House of Representatives and the Senate in the
plan required by subsection (a) of any planned facility acquisitions,
cost data, utilization rates, increase of average daily population, and
notice of any termination or reduction of a contract for detention
space, whether such actions are funded by this Act or any other Act for
this or prior fiscal years.
(d) The Director shall notify the Committees on Appropriations of
the House of Representatives and the Senate not less than 30 days prior
to the planned date of a contract termination or implementation of a
reduction in detention capacity.
Sec. 208. None of the funds provided in this title of this Act for
``U.S. Immigration and Customs Enforcement--Operations Support'' may be
used for community-based residential facilities.
Sec. 209. (a) Prior to the Secretary of Homeland Security (in this
section referred to as the ``Secretary'') requesting assistance from
the Department of Defense for border security operations, the Secretary
shall ensure that an alternatives analysis and cost-benefit analysis is
conducted that includes data on the cost effectiveness of obtaining
such assistance from the Department of Defense in lieu of other
options.
(b) The Secretary shall submit to the Committees on Appropriations
of the House of Representatives and the Senate, a report detailing the
types of support sought by the Secretary in any request for assistance
from the Department of Defense for border security operations and the
operational impact of such request on Department of Homeland Security
operations within 30 days of the date of enactment of this Act and
quarterly thereafter.
(c) The Secretary shall include with the data requested in
subsection (b) the results of the alternatives analysis and cost-
benefit analysis required under subsection (a).
Sec. 210. Eligibility for funding made available by this title of
this Act for transfer from ``U.S. Customs and Border Protection--
Operations and Support'' to ``Federal Emergency Management Agency--
Federal Assistance'' for the Shelter and Services Program shall not be
limited to entities that previously received or applied for funding for
the Shelter and Services Program or the Emergency Food and Shelter-
Humanitarian program.
Sec. 211. Of the total amount provided under the heading ``U.S.
Customs and Border Protection--Operations and Support'' in this title
of this Act for transfer to ``Federal Emergency Management Agency--
Federal Assistance'' for the Shelter and Services Program--
(1) not more than $500,000,000 shall be available for
transfer immediately upon enactment of this Act;
(2) an additional $188,000,000 shall be available for
transfer upon submission of a written certification by the
Secretary of Homeland Security, to the Committees on
Appropriations of the House of Representatives and the Senate,
that U.S. Immigration and Customs Enforcement has--
(A) the ability to detain 46,500 individuals and
has increased the total number of Enforcement and
Removal Operations deportation officers by 200 above
the current on board levels as of the date of enactment
of this Act;
(B) increased the total number of U.S. Customs and
Border Protection officers by 200 above the current on
board levels as of the date of enactment of this Act;
and
(C) increased the total number of U.S. Citizenship
and Immigration Services asylum officers by 800 above
the current on board levels as of the date of enactment
of this Act; and
(3) an additional $62,000,000 shall be available for
transfer upon submission of a written certification by the
Secretary of Homeland Security, to the Committees on
Appropriations of the House of Representatives and the Senate,
that U.S. Immigration and Customs Enforcement has--
(A) conducted a total of 1,500 removal flights
since the date of enactment of this Act; and
(B) ensured that at least 75 percent of Border
Patrol agents assigned to duty along the southwest land
border have been trained on the procedures included in
sections 235B and 244B of the Immigration and
Nationality Act.
TITLE III
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
refugee and entrant assistance
For an additional amount for ``Refugee and Entrant Assistance'',
$350,000,000, to remain available until expended, for carrying out
section 235(c)(5)(B) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(5)(B)):
Provided, That for the purposes of carrying out such section the
Secretary of Health and Human Services may use amounts made available
under this heading in this Act to award grants to, or enter into
contracts with, public, private, or nonprofit organizations, including
States: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
TITLE IV
DEPARTMENT OF STATE AND RELATED AGENCY
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
international disaster assistance
For an additional amount for ``International Disaster Assistance'',
$850,000,000, to remain available until expended, to address
humanitarian needs in the Western Hemisphere: Provided, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
economic support fund
For an additional amount for ``Economic Support Fund'',
$415,000,000, to remain available until September 30, 2026: Provided,
That of the total amount made available under this heading in this Act,
$230,000,000 shall be made available to increase foreign country
capacity to accept and integrate returned and removed individuals,
which shall be administered in consultation with the Secretary of
Homeland Security, including to address partner government requests
that enable the achievement of such objectives, as appropriate:
Provided further, That of the total amount made available under this
heading in this Act, $185,000,000 shall be made available to reduce
irregular migration within the Western Hemisphere: Provided further,
That prior to the obligation of funds made available pursuant to the
preceding proviso that are made available to support the repatriation
operations of a foreign government, the Secretary of State shall submit
to the appropriate congressional committees a monitoring and oversight
plan for the use of such funds, and such funds shall be subject to
prior consultation with such committees and the regular notification
procedures of the Committees on Appropriations: Provided further, That
the Secretary of State shall submit to such committees the text of any
agreements or awards related to such operations, which may include
documents submitted in classified form, as appropriate, including any
agreement with a foreign government, nongovernment entity, or
international organization, as applicable, not later than 5 days after
the effective date of such document: Provided further, That funds
appropriated under this heading in this Act may be made available as
contributions: Provided further, That funds appropriated under this
heading in this Act shall not be used to support the refoulement of
migrants or refugees: Provided further, That such amount is designated
by the Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For an additional amount for ``International Narcotics Control and
Law Enforcement'', $25,000,000, to remain available until September 30,
2025, to counter the flow of fentanyl, fentanyl precursors, and other
synthetic drugs into the United States, following consultation with the
Committees on Appropriations: Provided, That such amount is designated
by the Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985..
TITLE V
GENERAL PROVISIONS--THIS ACT
Sec. 501. Each amount appropriated or made available by this Act
is in addition to amounts otherwise appropriated for the fiscal year
involved.
Sec. 502. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 503. Unless otherwise provided for by this Act, the
additional amounts appropriated by this Act to appropriations accounts
shall be available under the authorities and conditions applicable to
such appropriations accounts for fiscal year 2024.
Sec. 504. Each amount designated in this Act by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985 shall
be available (or repurposed or rescinded, if applicable) only if the
President subsequently so designates all such amounts and transmits
such designations to the Congress.
Sec. 505. Any amount appropriated by this Act, designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985, and subsequently so designated by the President, and
transferred pursuant to transfer authorities provided by this Act shall
retain such designation.
This division may be cited as the ``Border Security and Combatting
Fentanyl Supplemental Appropriations Act, 2024''.
DIVISION B--BORDER ACT
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the ``Border Act''.
(b) Table of Contents.--The table of contents for this division is
as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--CAPACITY BUILDING
Subtitle A--Hiring, Training, and Systems Modernization
Chapter 1--Hiring Authorities
Sec. 101. USCIS direct hire authority.
Sec. 102. ICE direct hire authority.
Sec. 103. Reemployment of civilian retirees to meet exceptional
employment needs.
Sec. 104. Establishment of special pay rate for asylum officers.
Chapter 2--Hiring Waivers
Sec. 111. Hiring flexibility.
Sec. 112. Supplemental Commissioner authority and definitions.
Chapter 3--Alternatives to Detention Improvements and Training for U.S.
Border Patrol
Sec. 121. Alternatives to detention improvements.
Sec. 122. Training for U.S. Border Patrol.
Chapter 4--Modernizing Notices to Appear
Sec. 131. Electronic notices to appear.
Sec. 132. Authority to prepare and issue notices to appear.
Subtitle B--Asylum Processing at the Border
Sec. 141. Provisional noncustodial removal proceedings.
Sec. 142. Protection merits removal proceedings.
Sec. 143. Voluntary departure after noncustodial processing; withdrawal
of application for admission.
Sec. 144. Voluntary repatriation.
Sec. 145. Immigration Examinations Fee Account.
Sec. 146. Border reforms.
Sec. 147. Protection Appellate Board.
TITLE II--ASYLUM PROCESSING ENHANCEMENTS
Sec. 201. Combined screenings.
Sec. 202. Credible fear standard and asylum bars at screening
interview.
Sec. 203. Internal relocation.
Sec. 204. Asylum officer clarification.
TITLE III--SECURING AMERICA
Subtitle A--Border Emergency Authority
Sec. 301. Border emergency authority.
Subtitle B--Fulfilling Promises to Afghan Allies
Sec. 311. Definitions.
Sec. 312. Support for Afghan allies outside the United States.
Sec. 313. Conditional permanent resident status for eligible
individuals.
Sec. 314. Refugee processes for certain at-risk Afghan allies.
Sec. 315. Improving efficiency and oversight of refugee and special
immigrant processing.
Sec. 316. Support for certain vulnerable Afghans relating to employment
by or on behalf of the United States.
Sec. 317. Support for allies seeking resettlement in the United States.
Sec. 318. Reporting.
TITLE IV--PROMOTING LEGAL IMMIGRATION
Sec. 401. Employment authorization for fiances, fiancees, spouses, and
children of United States citizens and
specialty workers.
Sec. 402. Additional visas.
Sec. 403. Children of long-term visa holders.
Sec. 404. Military naturalization modernization.
Sec. 405. Temporary family visits.
TITLE V--SELF-SUFFICIENCY AND DUE PROCESS
Subtitle A--Work Authorizations
Sec. 501. Work authorization.
Sec. 502. Employment eligibility.
Subtitle B--Protecting Due Process
Sec. 511. Access to counsel.
Sec. 512. Counsel for certain unaccompanied alien children.
Sec. 513. Counsel for certain incompetent individuals.
Sec. 514. Conforming amendment.
TITLE VI--ACCOUNTABILITY AND METRICS
Sec. 601. Employment authorization compliance.
Sec. 602. Legal access in custodial settings.
Sec. 603. Credible fear and protection determinations.
Sec. 604. Publication of operational statistics by U.S. Customs and
Border Protection.
Sec. 605. Utilization of parole authorities.
Sec. 606. Accountability in provisional removal proceedings.
Sec. 607. Accountability in voluntary repatriation, withdrawal, and
departure.
Sec. 608. GAO analysis of immigration judge and asylum officer
decision-making regarding asylum,
withholding of removal, and protection
under the Convention Against Torture.
Sec. 609. Report on counsel for unaccompanied alien children.
Sec. 610. Recalcitrant countries.
TITLE VII--OTHER MATTERS
Sec. 701. Severability.
TITLE VIII--BUDGETARY EFFECTS
Sec. 801. Budgetary effects.
SEC. 2. DEFINITIONS.
In this division:
(1) Appropriate committees of congress.--Except as
otherwise explicitly provided, the term ``appropriate
committees of Congress'' means--
(A) the Committee on Appropriations of the Senate;
(B) the Committee on the Judiciary of the Senate;
(C) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(D) the Committee on Appropriations of the House of
Representatives;
(E) the Committee on the Judiciary of the House of
Representatives; and
(F) the Committee on Homeland Security of the House
of Representatives.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
TITLE I--CAPACITY BUILDING
Subtitle A--Hiring, Training, and Systems Modernization
CHAPTER 1--HIRING AUTHORITIES
SEC. 101. USCIS DIRECT HIRE AUTHORITY.
(a) In General.--The Secretary may appoint, without regard to the
provisions of sections 3309 through 3319 of title 5, United States
Code, candidates needed for positions within the Refugee, Asylum and
International Operations Directorate, the Field Operations Directorate,
and the Service Center Operations Directorate of U.S. Citizenship and
Immigration Services for which--
(1) public notice has been given;
(2) the Secretary has determined that a critical hiring
need exists; and
(3) the Secretary has consulted with the Director of the
Office of Personnel Management regarding--
(A) the positions for which the Secretary plans to
recruit;
(B) the quantity of candidates Secretary is
seeking; and
(C) the assessment and selection policies the
Secretary plans to utilize.
(b) Definition of Critical Hiring Need.--In this section, the term
``critical hiring need'' means personnel necessary for the
implementation of this division and associated work.
(c) Reporting.--Not later than 1 year after the date of enactment
of this Act, and annually thereafter for the following 4 years, the
Secretary, in consultation with the Director of the Office of Personnel
Management, shall submit to Congress a report that includes--
(1) demographic data, including veteran status, regarding
individuals hired pursuant to the authority under subsection
(a);
(2) salary information of individuals hired pursuant to
such authority; and
(3) how the Department of Homeland Security exercised such
authority consistently with merit system principles.
(d) Sunset.--The authority to make an appointment under this
section shall terminate on the date that is 5 years after the date of
the enactment of this Act.
SEC. 102. ICE DIRECT HIRE AUTHORITY.
(a) In General.--The Secretary may appoint, without regard to the
provisions of sections 3309 through 3319 of title 5, United States
Code, candidates needed for positions within Enforcement and Removal
Operations of U.S. Immigration and Customs Enforcement as a deportation
officer or with duties exclusively relating to the Enforcement and
Removal, Custody Operations, Alternatives to Detention, or
Transportation and Removal program for which--
(1) public notice has been given;
(2) the Secretary has determined that a critical hiring
need exists; and
(3) the Secretary has consulted with the Director of the
Office of Personnel Management regarding--
(A) the positions for which the Secretary plans to
recruit;
(B) the quantity of candidates the Secretary is
seeking; and
(C) the assessment and selection policies the
Secretary plans to utilize.
(b) Definition of Critical Hiring Need.--In this section, the term
``critical hiring need'' means personnel necessary for the
implementation of this division and associated work.
(c) Reporting.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter for the following 4
years, the Secretary, in consultation with the Director of the Office
of Personnel Management, shall submit to Congress a report that
includes--
(1) demographic data, including veteran status, regarding
individuals hired pursuant to the authority under subsection
(a);
(2) salary information of individuals hired pursuant to
such authority; and
(3) how the Department of Homeland Security exercised such
authority consistently with merit system principles.
(d) Sunset.--The authority to make an appointment under this
section shall terminate on the date that is 5 years after the date of
the enactment of this Act.
SEC. 103. REEMPLOYMENT OF CIVILIAN RETIREES TO MEET EXCEPTIONAL
EMPLOYMENT NEEDS.
(a) Authority.--The Secretary, after consultation with the Director
of the Office of Personnel Management, may waive, with respect to any
position in U.S. Immigration and Customs Enforcement, U.S. Customs and
Border Protection, or U.S. Citizenship and Immigration Services, the
application of section 8344 or 8468 of title 5, United States Code, on
a case-by-case basis, for employment of an annuitant in a position
necessary to implement this division and associated work, for which
there is exceptional difficulty in recruiting or retaining a qualified
employee, or when a temporary emergency hiring need exists.
(b) Procedures.--The Secretary, after consultation with the
Director of the Office of Personnel Management, shall prescribe
procedures for the exercise of the authority under subsection (a),
including procedures for a delegation of authority.
(c) Annuitants Not Treated as Employees for Purposes of Retirement
Benefits.--An employee for whom a waiver under this section is in
effect shall not be considered an employee for purposes of subchapter
III of chapter 83 or chapter 84 of title 5, United States Code.
SEC. 104. ESTABLISHMENT OF SPECIAL PAY RATE FOR ASYLUM OFFICERS.
(a) In General.--Subchapter III of chapter 53 of title 5, United
States Code, is amended by inserting after section 5332 the following:
``Sec. 5332a. Special base rates of pay for asylum officers
``(a) Definitions.--In this section--
``(1) the term `asylum officer' has the meaning given such
term in section 235(b)(1) of the Immigration and Nationality
Act (8 U.S.C. 1225(b)(1));
``(2) the term `General Schedule base rate' means an annual
rate of basic pay established under section 5332 before any
additions, such as a locality-based comparability payment under
section 5304 or 5304a or a special rate supplement under
section 5305; and
``(3) the term `special base rate' means an annual rate of
basic pay payable to an asylum officer, before any additions or
reductions, that replaces the General Schedule base rate
otherwise applicable to the asylum officer and that is
administered in the same manner as a General Schedule base
rate.
``(b) Special Base Rates of Pay.--
``(1) Entitlement to special rate.--Notwithstanding section
5332, an asylum officer is entitled to a special base rate at
grades 1 through 15, which shall--
``(A) replace the otherwise applicable General
Schedule base rate for the asylum officer;
``(B) be basic pay for all purposes, including the
purpose of computing a locality-based comparability
payment under section 5304 or 5304a; and
``(C) be computed as described in paragraph (2) and
adjusted at the time of adjustments in the General
Schedule.
``(2) Computation.--The special base rate for an asylum
officer shall be derived by increasing the otherwise applicable
General Schedule base rate for the asylum officer by 15 percent
for the grade of the asylum officer and rounding the result to
the nearest whole dollar.''.
(b) Clerical Amendment.--The table of sections for subchapter III
of chapter 53 of title 5, United States Code, is amended by inserting
after the item relating to section 5332 the following:
``5332a. Special base rates of pay for asylum officers.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the first day of the first applicable pay period beginning 30
days after the date of the enactment of this Act.
CHAPTER 2--HIRING WAIVERS
SEC. 111. HIRING FLEXIBILITY.
(a) In General.--Section 3 of the Anti-Border Corruption Act of
2010 (6 U.S.C. 221) is amended by striking subsection (b) and inserting
the following new subsections:
``(b) Waiver Authority.--The Commissioner of U.S. Customs and
Border Protection may waive the application of subsection (a)(1) in the
following circumstances:
``(1) In the case of a current, full-time law enforcement
officer employed by a State or local law enforcement agency, if
such officer--
``(A) has served as a law enforcement officer for
not fewer than three years with no break in service;
``(B) is authorized by law to engage in or
supervise the prevention, detection, investigation, or
prosecution of, or the incarceration of any person for,
any violation of law, and has statutory powers for
arrest or apprehension;
``(C) is not currently under investigation, does
not have disciplinary, misconduct, or derogatory
records, has not been found to have engaged in a
criminal offense or misconduct, has not resigned from a
law enforcement officer position under investigation or
in lieu of termination, and has not been dismissed from
a law enforcement officer position; and
``(D) has, within the past ten years, successfully
completed a polygraph examination as a condition of
employment with such officer's current law enforcement
agency.
``(2) In the case of a current, full-time Federal law
enforcement officer, if such officer--
``(A) has served as a law enforcement officer for
not fewer than three years with no break in service;
``(B) has authority to make arrests, conduct
investigations, conduct searches, make seizures, carry
firearms, and serve orders, warrants, and other
processes;
``(C) is not currently under investigation, does
not have disciplinary, misconduct, or derogatory
records, has not been found to have engaged in a
criminal offense or misconduct, has not resigned from a
law enforcement officer position under investigation or
in lieu of termination, and has not been dismissed from
a law enforcement officer position; and
``(D) holds a current background investigation, in
accordance with current standards required for access
to Top Secret or Top Secret/Sensitive Compartmented
Information.
``(3) In the case of an individual who is a member of the
Armed Forces (or a reserve component thereof) or a veteran, if
such individual--
``(A) has served in the Armed Forces for not fewer
than three years;
``(B) holds, or has held within the past five
years, Top Secret or Top Secret/Sensitive Compartmented
Information clearance;
``(C) holds, or has undergone within the past five
years, a current background investigation in accordance
with current standards required for access to Top
Secret or Top Secret/Sensitive Compartmented
Information;
``(D) received, or is eligible to receive, an
honorable discharge from service in the Armed Forces,
has not engaged in a criminal offense, has not
committed a military offense under the Uniform Code of
Military Justice, and does not have disciplinary,
misconduct, or derogatory records; and
``(E) was not granted any waivers to obtain the
clearance referred to subparagraph (B).
``(c) Termination of Waiver Authority.--The authority to issue a
waiver under subsection (b) shall terminate on September 30, 2027.''.
(b) Reinstatement.--Upon termination of the waiver authority under
subsection (b) of section 3 of the Anti-Border Corruption Act of 2010
(6 U.S.C. 221), as amended by subsection (a), the text of section 3(b)
of the Anti-Border Corruption Act of 2010 (6 U.S.C. 221(b)) shall be
reinstated as it appeared on the day before the date of the enactment
of this Act.
SEC. 112. SUPPLEMENTAL COMMISSIONER AUTHORITY AND DEFINITIONS.
(a) Supplemental Commissioner Authority.--Section 4 of the Anti-
Border Corruption Act of 2010 (Public Law 111-376) is amended to read
as follows:
``SEC. 4. SUPPLEMENTAL COMMISSIONER AUTHORITY.
``(a) Non-exemption.--An individual who receives a waiver under
subsection (b) of section 3 is not exempt from other hiring
requirements relating to suitability for employment and eligibility to
hold a national security designated position, as determined by the
Commissioner of U.S. Customs and Border Protection.
``(b) Background Investigations.--Any individual who receives a
waiver under subsection (b) of section 3 who holds a background
investigation in accordance with current standards required for access
to Top Secret or Top Secret/Sensitive Compartmented Information shall
be subject to an appropriate background investigation.
``(c) Administration of Polygraph Examination.--The Commissioner of
U.S. Customs and Border Protection is authorized to administer a
polygraph examination to an applicant or employee who is eligible for
or receives a waiver under subsection (b) of section 3 if information
is discovered prior to the completion of a background investigation
that results in a determination that a polygraph examination is
necessary to make a final determination regarding suitability for
employment or continued employment, as the case may be.''.
(b) Report.--The Anti-Border Corruption Act of 2010 (Public Law
111-376; 124 Stat. 4104) is amended by adding at the end the following
new section:
``SEC. 5. REPORTING REQUIREMENTS.
``(a) Annual Report.--Not later than one year after the date of the
enactment of this section, and annually thereafter for three years, the
Commissioner of U.S. Customs and Border Protection shall submit a
report to Congress that includes, with respect to the reporting
period--
``(1) the number of waivers granted and denied under
section 3(b);
``(2) the reasons for any denials of such waiver;
``(3) the percentage of applicants who were hired after
receiving a waiver;
``(4) the number of instances that a polygraph was
administered to an applicant who initially received a waiver
and the results of such polygraph;
``(5) an assessment of the current impact of the polygraph
waiver program on filling law enforcement positions at U.S.
Customs and Border Protection;
``(6) additional authorities needed by U.S. Customs and
Border Protection to better utilize the polygraph waiver
program for its intended goals; and
``(7) any disciplinary actions taken against law
enforcement officers hired under the waiver authority
authorized under section 3(b).
``(b) Additional Information.--The first report submitted under
subsection (a) shall include--
``(1) an analysis of other methods of employment
suitability tests that detect deception and could be used in
conjunction with traditional background investigations to
evaluate potential employees for suitability; and
``(2) a recommendation regarding whether a test referred to
in paragraph (1) should be adopted by U.S. Customs and Border
Protection when the polygraph examination requirement is waived
pursuant to section 3(b).''.
(c) GAO Report.--The Anti-Border Corruption Act of 2010 (Public Law
111-376; 124 Stat. 4104), as amended by subsection (b) of this section,
is further amended by adding at the end the following new section:
``SEC. 6. GAO REPORT.
``(a) In General.--Not later than five years after the date of the
enactment of this section, and every five years thereafter, the
Comptroller General of the United States shall--
``(1) conduct a review of the disciplinary, misconduct, or
derogatory records of all individuals hired using the waiver
authority under subsection (b) of section 3--
``(A) to determine the rates of disciplinary
actions taken against individuals hired using such
waiver authority, as compared to individuals hired
after passing the polygraph as required under
subsection (a) of that section; and
``(B) to address any other issue relating to
discipline by U.S. Customs and Border Protection; and
``(2) submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives a report that
appropriately protects sensitive information and describes the
results of the review conducted under paragraph (1).
``(b) Sunset.--The requirement under this section shall terminate
on the date on which the third report required by subsection (a) is
submitted.''.
(d) Definitions.--The Anti-Border Corruption Act of 2010 (Public
Law 111-376; 124 Stat. 4104), as amended by subsection (c) of this
section, is further amended by adding at the end the following new
section:
``SEC. 7. DEFINITIONS.
``In this Act:
``(1) Criminal offense.--The term `criminal offense'
means--
``(A) any felony punishable by a term of
imprisonment of more than one year; and
``(B) any other crime for which an essential
element involves fraud, deceit, or misrepresentation to
obtain an advantage or to disadvantage another.
``(2) Federal law enforcement officer.--The term `Federal
law enforcement officer' means a `law enforcement officer', as
defined in section 8331(20) or 8401(17) of title 5, United
States Code.
``(3) Military offense.--The term `military offense'
means--
``(A) an offense for which--
``(i) a member of the Armed Forces may be
discharged or separated from service in the
Armed Forces; or
``(ii) a punitive discharge is, or would
be, authorized for the same or a closely
related offense under the Manual for Courts-
Martial, as pursuant to Army Regulation 635-200
chapter 14-12; and
``(B) an action for which a member of the Armed
Forces received a demotion in military rank as
punishment for a crime or wrongdoing, imposed by a
court martial or other authority.
``(4) Veteran.--The term `veteran' has the meaning given
such term in section 101(2) of title 38, United States Code.''.
CHAPTER 3--ALTERNATIVES TO DETENTION IMPROVEMENTS AND TRAINING FOR U.S.
BORDER PATROL
SEC. 121. ALTERNATIVES TO DETENTION IMPROVEMENTS.
(a) Certification.--Not later than 90 days after the date of the
enactment of this Act, the Director of U.S. Immigration and Customs
Enforcement shall certify to the appropriate committees of Congress
that--
(1) with respect to the alternatives to detention programs,
U.S. Immigration and Customs Enforcement's processes that
condition the release of aliens under any type of supervision,
consistent and standard policies are in place across all U.S.
Immigration and Customs Enforcement field offices;
(2) the U.S. Immigration and Customs Enforcement's
alternatives to detention programs use escalation and de-
escalation techniques; and
(3) reports on the use of, and policies with respect to,
such escalation and de-escalation techniques are provided to
the public appropriately protecting sensitive information.
(b) Annual Policy Review.--
(1) In general.--Not less frequently than annually, the
Director shall conduct a review of U.S. Immigration and Customs
Enforcement policies with respect to the alternatives to
detention programs so as to ensure standardization and
evidence-based decision making.
(2) Submission of policy reviews.--Not later than 14 days
after the completion of each review required by paragraph (1),
the Director shall submit to the appropriate committees of
Congress a report on the results of the review.
(c) Independent Verification and Validation.--Not less frequently
than every 5 years, the Director shall ensure that an independent
verification and validation of U.S. Immigration and Customs Enforcement
policies with respect to the alternatives to detention programs is
conducted.
SEC. 122. TRAINING FOR U.S. BORDER PATROL.
(a) In General.--The Commissioner of U.S. Customs and Border
Protection shall require all U.S. Border Patrol agents and other
employees or contracted employees designated by the Commissioner to
participate in annual continuing training to maintain and update their
understanding of--
(1) Department of Homeland Security policies, procedures,
and guidelines;
(2) the fundamentals of law (including the Fourth Amendment
to the Constitution of the United States), ethics, and
professional conduct;
(3) applicable Federal law and regulations;
(4) applicable migration trends that the Commissioner
determines are relevant;
(5) best practices for coordinating with community
stakeholders;
(6) de-escalation training; and
(7) any other information the Commissioner determines to be
relevant to active duty agents.
(b) Training Subjects.--Continuing training under this section
shall include training regarding--
(1) the non-lethal use of force policies available to U.S.
Border Patrol agents and de-escalation strategies and methods;
(2) identifying, screening, and responding to vulnerable
populations, such as children, persons with diminished mental
capacity, victims of human trafficking, pregnant mothers,
victims of gender-based violence, victims of torture or abuse,
and the acutely ill;
(3) trends in transnational criminal organization
activities that impact border security and migration;
(4) policies, strategies, and programs--
(A) to protect due process, the civil, human, and
privacy rights of individuals, and the private property
rights of land owners;
(B) to reduce the number of migrant and agent
deaths; and
(C) to improve the safety of agents on patrol;
(5) personal resilience;
(6) anti-corruption and officer ethics training;
(7) current migration trends, including updated cultural
and societal issues of countries that are a significant source
of migrants who are--
(A) arriving to seek humanitarian protection; or
(B) encountered at a United States international
boundary while attempting to enter without inspection;
(8) the impact of border security operations on natural
resources and the environment, including strategies to limit
the impact of border security operations on natural resources
and the environment;
(9) relevant cultural, societal, racial, and religious
training, including cross-cultural communication skills;
(10) training required under the Prison Rape Elimination
Act of 2003 (42 U.S.C. 15601 et seq.);
(11) risk management and safety training that includes
agency protocols for ensuring public safety, personal safety,
and the safety of persons in the custody of the Department of
Homeland Security; and
(12) any other training that meets the requirements to
maintain and update the subjects identified in subsection (a).
(c) Course Requirements.--Courses offered under this section--
(1) shall be administered by U.S. Customs and Border
Protection; and
(2) shall be approved in advance by the Commissioner of
U.S. Customs and Border Protection to ensure that such courses
satisfy the requirements for training under this section.
(d) Assessment.--Not later than 2 years after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Homeland Security of the
House of Representatives a report that assesses the training and
education provided pursuant to this section, including continuing
education.
CHAPTER 4--MODERNIZING NOTICES TO APPEAR
SEC. 131. ELECTRONIC NOTICES TO APPEAR.
Section 239 of the Immigration and Nationality Act (8 U.S.C. 1229)
is amended--
(1) in subsection (a)--
(A) in paragraph (1), in the matter preceding
subparagraph (A), by inserting ``or, if elected by the
alien in writing, by email or other electronic means to
the extent feasible, if the alien, or the alien's
counsel of record, voluntarily elects such service or
otherwise accepts service electronically'' after
``mail''; and
(B) in paragraph (2)(A), in the matter preceding
clause (i), by inserting ``or, if elected by the alien
in writing, by email or other electronic means to the
extent feasible, if the alien, or the alien's counsel
of record, voluntarily elects such service or otherwise
accepts service electronically'' after ``mail''; and
(2) in subsection (c)--
(A) by inserting ``the alien, or to the alien's
counsel of record, at'' after ``delivery to''; and
(B) by inserting ``, or to the email address or
other electronic address at which the alien elected to
receive notice under paragraph (1) or (2) of subsection
(a)'' before the period at the end.
SEC. 132. AUTHORITY TO PREPARE AND ISSUE NOTICES TO APPEAR.
Section 239(a) of the Immigration and Nationality Act (8 U.S.C.
1229(a)) is amended by adding at the end the following:
``(4) Authority for certain personnel to serve notices to
appear.--Any mission support personnel within U.S. Customs and
Border Protection or U.S. Immigration and Customs Enforcement
who are subject to the oversight of an immigration officer with
authority to issue a notice to appear, and who has received the
necessary training to issue such a notice, shall be authorized
to prepare a notice to appear under this section for review and
issuance by the immigration officer.''.
Subtitle B--Asylum Processing at the Border
SEC. 141. PROVISIONAL NONCUSTODIAL REMOVAL PROCEEDINGS.
(a) In General.--Chapter 4 of title II of the Immigration and
Nationality Act (8 U.S.C. 1221 et seq.) is amended by inserting after
section 235A the following:
``SEC. 235B. PROVISIONAL NONCUSTODIAL REMOVAL PROCEEDINGS.
``(a) General Rules.--
``(1) Circumstances warranting noncustodial proceedings.--
The Secretary, based upon operational circumstances, may refer
an alien applicant for admission for proceedings described in
this section if the alien--
``(A) indicates an intention to apply for a
protection determination; or
``(B) expresses a credible fear of persecution (as
defined in section 235(b)(1)(B)(v)) or torture.
``(2) Release from custody.--Aliens referred for
proceedings under this section shall be released from physical
custody and processed in accordance with the procedures
described in this section.
``(3) Alternatives to detention.--An adult alien, including
a head of household, who has been referred for a proceeding
under this section shall be supervised under the Alternatives
to Detention program of U.S. Immigration and Customs
Enforcement immediately upon release from physical custody and
continuing for the duration of such proceeding.
``(4) Family unity.--The Secretary shall ensure, to the
greatest extent practicable, that the referral of a family unit
for proceedings under this section includes all members of such
family unit who are traveling together.
``(5) Exceptions.--
``(A) Unaccompanied alien children.--The provisions
under this section may not be applied to unaccompanied
alien children (as defined in section 462(g) of the
Homeland Security Act of 2002 (6 U.S.C. 279(g))).
``(B) Applicability limitation.--
``(i) In general.--The Secretary shall only
refer for proceedings under this section an
alien described in clause (ii).
``(ii) Alien described.-- An alien
described in this clause is an alien who--
``(I) has not affirmatively shown,
to the satisfaction of an immigration
officer, that the alien has been
physically present in the United States
for more than the 14-day period
immediately prior to the date on which
the alien was encountered by U.S.
Customs and Border Protection; and
``(II) was encountered within 100
air miles of the international land
borders of the United States.
``(6) Timing.--The provisional noncustodial removal
proceedings described in this section shall conclude, to the
maximum extent practicable, not later than 90 days after the
date the alien is inspected and determined inadmissible.
``(b) Procedures for Provisional Noncustodial Removal
Proceedings.--
``(1) Commencement.--
``(A) In general.--Provisional noncustodial removal
proceedings shall commence under this section with
respect to an alien immediately after the Secretary
properly serves a notice of removal proceedings on the
alien.
``(B) 90-day timeframe.--The 90-day period under
subsection (a)(6) with respect to an alien shall
commence upon an inspection and inadmissibility
determination of the alien.
``(2) Service and notice of interview requirements.--In
provisional noncustodial removal proceedings conducted under
this section, the Secretary shall--
``(A) serve notice to the alien or, if personal
service is not practicable, to the alien's counsel of
record;
``(B) ensure that such notice, to the maximum
extent practicable, is in the alien's native language
or in a language the alien understands; and
``(C) include in such notice--
``(i) the nature of the proceedings against
the alien;
``(ii) the legal authority under which such
proceedings will be conducted; and
``(iii) the charges against the alien and
the statutory provisions the alien is alleged
to have violated;
``(D) inform the alien of his or her obligation--
``(i) to immediately provide (or have
provided) to the Secretary, in writing, the
mailing address, contact information, email
address or other electronic address, and
telephone number (if any), at which the alien
may be contacted respecting the proceeding
under this section; and
``(ii) to provide to the Secretary, in
writing, any change of the alien's mailing
address or telephone number shortly after any
such change;
``(E) include in such notice--
``(i) the time and place at which the
proceeding under this section will be held,
which shall be communicated, to the extent
practicable, before or during the alien's
release from physical custody; or
``(ii) immediately after release, the time
and place of such proceeding, which shall be
provided not later than 10 days before the
scheduled protection determination interview
and shall be considered proper service of the
commencement of proceedings; and
``(F) inform the alien of--
``(i) the consequences to which the alien
would be subject pursuant to section 240(b)(5)
if the alien fails to appear at such
proceeding, absent exceptional circumstances;
``(ii) the alien's right to be represented,
at no expense to the Federal Government, by any
counsel or accredited representative selected
by the alien who is authorized to represent an
alien in such a proceeding; and
``(G) the information described in section
235(b)(1)(B)(iv)(II).
``(3) Protection determination.--
``(A) In general.--To the maximum extent
practicable, within 90 days after the date on which an
alien is referred for proceedings under this section,
an asylum officer shall conduct a protection
determination of such alien in person or through a
technology appropriate for protection determinations.
``(B) Access to counsel.--In any proceeding under
this section or section 240D before U.S. Citizenship
and Immigration Services and in any appeal of the
result of such a proceeding, an alien shall have the
privilege of being represented, at no expense to the
Federal Government, by counsel authorized to represent
an alien in such a proceeding.
``(C) Procedures and evidence.--The asylum officer
may receive into evidence any oral or written statement
that is material and relevant to any matter in the
protection determination. The testimony of the alien
shall be under oath or affirmation administered by the
asylum officer.
``(D) Interpreters.--Whenever necessary, the asylum
officer shall procure the assistance of an interpreter,
to the maximum extent practicable, in the alien's
native language or in a language the alien understands,
during any protection determination.
``(E) Location.--
``(i) In general.--Any protection
determination authorized under this section
shall occur in--
``(I) a U.S. Citizenship and
Immigration Services office;
``(II) a facility managed, leased,
or operated by U.S. Citizenship and
Immigration Services;
``(III) any other location
designated by the Director of U.S.
Citizenship and Immigration Services;
or
``(IV) any other federally owned or
federally leased building that--
``(aa) the Director has
authorized or entered into a
memorandum of agreement to be
used for such purpose; and
``(bb) meets the special
rules under clause (ii) and the
minimum requirements under
clause (iii).
``(ii) Special rules.--
``(I) Location.--A protection
determination may not be conducted in a
facility that is managed, leased,
owned, or operated by U.S. Immigration
and Customs Enforcement or U.S. Customs
and Border Protection.
``(II) Reasonable time.--The
Secretary shall ensure that a
protection determination is conducted
during a reasonable time of the day.
``(III) Geographical limitation.--
The Secretary shall ensure that each
protection determination for an alien
is scheduled at a facility that is a
reasonable distance from the current
residence of such alien.
``(IV) Protection for children.--In
the case of a family unit, the
Secretary shall ensure that the best
interests of the child or children are
considered when conducting a protection
determination of the child's family
unit.
``(iii) Minimum location requirement.--Each
facility that the Director authorizes to be
used to conduct protection determinations
shall--
``(I) have adequate security
measures to protect Federal employees,
aliens, and beneficiaries for benefits;
and
``(II) ensure the best interests of
the child or children are prioritized
pursuant to clause (ii)(IV) if such
children are present at the protection
determination.
``(F) Written record.--The asylum officer shall
prepare a written record of each protection
determination, which--
``(i) shall be provided to the alien, or to
the alien's counsel of record, upon a decision;
and
``(ii) shall include--
``(I) a summary of the material
facts stated by the alien;
``(II) any additional facts relied
upon by the asylum officer;
``(III) the asylum officer's
analysis of why, in the light of the
facts referred to in subclauses (I) and
(II), the alien has or has not
established a positive or negative
outcome from the protection
determination; and
``(IV) a copy of the asylum
officer's interview notes.
``(G) Rescheduling.--
``(i) In general.--The Secretary shall
promulgate regulations that permit an alien to
reschedule a protection determination in the
event of exceptional circumstances.
``(ii) Tolling of time limitation.--If an
interview is rescheduled at the request of an
alien, the period between the date on which the
protection determination was originally
scheduled and the date of the rescheduled
interview shall not count toward the 90-day
period referred to in subsection (a)(6).
``(H) Withdrawal of application, voluntary
departure, and voluntary repatriation.--
``(i) Voluntary departure.--The Secretary
may permit an alien to voluntarily depart in
accordance with section 240E.
``(ii) Withdrawal of application.--The
Secretary may permit an alien, at any time
before the protection merits interview, to
withdraw his or her application and depart
immediately from the United States in
accordance with section 240F.
``(iii) Voluntary repatriation.--The
Secretary may permit an alien to voluntarily
repatriate in accordance with section 240G.
``(I) Conversion to removal proceedings under
section 240.--The asylum officer or immigration officer
may refer or place an alien into removal proceedings
under section 240 by issuing a notice to appear for the
purpose of initiating such proceedings if either such
officer determines that--
``(i) such proceedings are required in
order to permit the alien to seek an
immigration benefit for which the alien is
legally entitled to apply; and
``(ii) such application requires such alien
to be placed in, or referred to proceedings
under section 240 that are not available to
such alien under this section.
``(J) Protection of information.--
``(i) Sensitive or law enforcement
information.--Nothing in this section may be
construed to compel any employee of the
Department of Homeland Security to disclose any
information that is otherwise protected from
disclosure by law.
``(ii) Protection of certain information.--
Before providing the record described in
subparagraph (F) to the alien or to the alien's
counsel of record, the Director shall protect
any information that is prohibited by law from
being disclosed.
``(c) Protection Determination.--
``(1) Identity verification.--The Secretary may not conduct
the protection determination with respect to an alien until the
identity of the alien has been checked against all appropriate
records and databases maintained by the Attorney General, the
Secretary of State, or the Secretary.
``(2) In general.--
``(A) Eligibility.--Upon the establishing the
identity of an alien pursuant to paragraph (1), the
asylum officer shall conduct a protection determination
in a location selected in accordance with this section.
``(B) Outcome.--
``(i) Positive protection determination
outcome.--If the protection determination
conducted pursuant to subparagraph (A) results
in a positive protection determination outcome,
the alien shall be referred to protection
merits removal proceedings in accordance with
the procedures described in paragraph (4).
``(ii) Negative protection determination
outcome.--If such protection determination
results in a negative protection determination
outcome, the alien shall be subject to the
process described in subsection (d).
``(3) Record.--
``(A) Use of record.--In each protection
determination, or any review of such determination, the
record of the alien's protection determination required
under subsection (b)(3)(F) shall constitute the
underlying application for the alien's application for
asylum, withholding of removal under section 241(b)(3),
or protection under the Convention Against Torture for
purposes of the protection merits interview.
``(B) Date of filing.--The date on which the
Secretary issues a notification of a positive
protection determination pursuant to paragraph
(2)(B)(i) shall be considered, for all purposes, the
date of filing and the date of receipt of the alien's
application for asylum, withholding of removal under
section 241(b)(3), or protection under the Convention
Against Torture, as applicable.
``(4) Referral for protection merits removal proceedings.--
``(A) In general.--If the alien receives a positive
protection determination--
``(i) the alien shall be issued employment
authorization pursuant to section 235C; and
``(ii) subject to paragraph (5), the asylum
officer shall refer the alien for protection
merits removal proceedings described in section
240D.
``(B) Notifications.--As soon as practicable after
a positive protection determination, the Secretary
shall--
``(i) issue a written notification to the
alien of the outcome of such determination;
``(ii) include all of the information
described in subsection (b)(2); and
``(iii) ensure that such notification and
information concerning the procedures under
section 240D, shall be made, at a minimum, not
later than 30 days before the date on which the
required protection merits interview under
section 240D occurs.
``(5) Authority to grant relief or protection.--
``(A) In general.--If an alien demonstrates, by
clear and convincing evidence, that the alien is
eligible for asylum, withholding of removal under
section 241(b)(3), or protection under the Convention
Against Torture during the protection determination,
the asylum officer, subject to the procedures under
subparagraph (B), may grant an application for such
relief or protection submitted by such alien without
referring the alien to protection merits removal
proceedings under section 240D.
``(B) Supervisory review.--
``(i) In general.--An application granted
by an asylum officer under subparagraph (A)
shall be reviewed by a supervisory asylum
officer to determine whether such grant is
warranted.
``(ii) Limitation.--A decision by an asylum
officer to grant an application under
subparagraph (A) shall not be final, and the
alien shall not be notified of such decision,
unless a supervisory asylum officer first
determines, based on the review conducted
pursuant to clause (i), that such a grant is
warranted.
``(iii) Effect of approval.--If the
supervisor determines that granting an alien's
application for relief or protection is
warranted--
``(I) such application shall be
approved; and
``(II) the alien shall receive
written notification of such decision
as soon as practicable.
``(iv) Effect of non-approval.--If the
supervisor determines that the grant is not
warranted, the alien shall be referred for
protection merits removal proceedings under
section 240D.
``(C) Special rules.--Notwithstanding any other
provision of law--
``(i) if an alien's application for asylum
is approved pursuant to subparagraph (B)(iii),
the asylum officer may not issue an order of
removal; and
``(ii) if an alien's application for
withholding of removal under section 241(b)(3)
or for withholding or deferral of removal under
the Convention Against Torture is approved
pursuant to subparagraph (B)(iii), the asylum
officer shall issue a corresponding order of
removal.
``(D) Biannual report.--The Director shall submit a
biannual report to the relevant committees of Congress
that includes, for the relevant period--
``(i) the number of cases described in
subparagraph (A) that were referred to a
supervisor pursuant to subparagraph (B),
disaggregated by asylum office;
``(ii) the number of cases described in
clause (i) that were approved subsequent to the
referral to a supervisor pursuant to
subparagraph (B);
``(iii) the number of cases described in
clause (i) that were not approved subsequent to
the referral to a supervisor pursuant to
subparagraph (B);
``(iv) a summary of the benefits for which
any aliens described in subparagraph (A) were
considered amenable and whose cases were
referred to a supervisor pursuant to
subparagraph (B), disaggregated by case outcome
referred to in clauses (ii) and (iii);
``(v) a description of any anomalous case
outcomes for aliens described in subparagraph
(A) whose cases were referred to a supervisor
pursuant subparagraph (B); and
``(vi) a description of any actions taken
to remedy the anomalous case outcomes referred
to in clause (v).
``(E) Protection of personally identifiable
information.--In preparing each report pursuant to
subparagraph (D), the Director shall--
``(i) protect any personally identifiable
information associated with aliens described in
subparagraph (A); and
``(ii) comply with all applicable privacy
laws.
``(6) Employment authorization.--An alien whose application
for relief or protection has been approved by a supervisor
pursuant to paragraph (5)(B) shall be issued employment
authorization under section 235C.
``(d) Negative Protection Determination.--
``(1) In general.--If an alien receives a negative
protection determination, the asylum officer shall--
``(A) provide such alien with written notification
of such determination; and
``(B) subject to paragraph (2), order the alien
removed from the United States without hearing or
review.
``(2) Opportunity to request reconsideration or appeal.--
The Secretary shall notify any alien described in paragraph (1)
immediately after receiving notification of a negative
protection determination under this subsection that he or she--
``(A) may request reconsideration of such
determination in accordance with paragraph (3); and
``(B) may request administrative review of such
protection determination decision in accordance with
paragraph (4).
``(3) Request for reconsideration.--
``(A) In general.--Any alien with respect to whom a
negative protection determination has been made may
submit a request for reconsideration to U.S.
Citizenship and Immigration Services not later than 5
days after such determination.
``(B) Decision.--The Director, or designee, in the
Director's unreviewable discretion, may grant or deny a
request for reconsideration made pursuant to
subparagraph (A), which decision shall not be subject
to review.
``(4) Administrative review.--
``(A) In general.--Except as provided in
subparagraph (B), the administrative review of a
protection determination with respect to an alien under
this subsection shall be based on the record before the
asylum officer at the time at which such protection
determination was made.
``(B) Exception.--An alien referred to in
subparagraph (A), or the alien's counsel of record, may
submit such additional evidence or testimony in
accordance with such policies and procedures as the
Secretary may prescribe.
``(C) Review.--Each review described in
subparagraph (A) shall be conducted by the Protection
Appellate Board.
``(D) Standard of review.--In accordance with the
procedures prescribed by the Secretary, the Protection
Appellate Board, upon the request of an alien, or the
alien's counsel of record, shall conduct a de novo
review of the record of the protection determination
carried out pursuant to this section with respect to
the alien.
``(E) Determination.--
``(i) Timing.--The Protection Appellate
Board shall complete a review under this
paragraph, to the maximum extent practicable,
not later than 72 hours after receiving a
request from an alien pursuant to subparagraph
(D).
``(ii) Effect of positive determination.--
If, after conducting a review under this
paragraph, the Protection Appellate Board
determines that an alien has a positive
protection determination, the alien shall be
referred for protection merits removal
proceedings under section 240D.
``(iii) Effect of negative determination.--
If, after conducting a review under this
paragraph, the Protection Appellate Board
determines that an alien has a negative
protection determination, the alien shall be
ordered removed from the United States without
additional review.
``(5) Jurisdictional matters.--In any action brought
against an alien under section 275(a) or 276, the court shall
not have jurisdiction to hear any claim attacking the validity
of an order of removal entered pursuant to subsection
(c)(5)(C)(ii).
``(e) Service of Protection Determination Decision.--
``(1) Protection determination decision.--
``(A) In general.--Upon reaching a decision
regarding a protection determination, the Secretary
shall--
``(i) immediately notify the alien, and the
alien's counsel of record, if applicable, that
a determination decision has been made; and
``(ii) schedule the service of the
protection determination decision, which shall
take place, to the maximum extent practicable,
not later than 5 days after such notification.
``(B) Special rules.--
``(i) Location.--Each service of a
protection determination decision scheduled
pursuant to subparagraph (A)(ii) may occur at--
``(I) a U.S. Immigration and
Customs Enforcement facility;
``(II) an Immigration Court; or
``(III) any other federally owned
or federally leased building that--
``(aa) the Secretary has
authorized or entered into a
memorandum of agreement to be
used for such purpose; and
``(bb) meets the minimum
requirements under this
subparagraph.
``(ii) Minimum requirements.--In conducting
each service of a protection determination
decision, the Director shall ensure compliance
with the requirements set forth in clauses
(ii)(II), (ii)(III), (ii)(IV), and (iii) of
subsection (b)(3)(E).
``(2) Procedures for service of protection determination
decisions.--
``(A) Written decision.--The Secretary shall ensure
that each alien and the alien's counsel of record, if
applicable, attending a determination decision receives
a written decision that includes, at a minimum, the
articulated basis for the denial of the protection
benefit sought by the alien.
``(B) Language access.--The Secretary shall ensure
that each written decision required under subparagraph
(A) is delivered to the alien in--
``(i) the alien's native language, to the
maximum extent practicable; or
``(ii) another language the alien
understands.
``(C) Access to counsel.--An alien who has obtained
the services of counsel shall be represented by such
counsel, at no expense to the Federal Government, at
the service of the protection determination. Nothing in
this subparagraph may be construed to create a
substantive due process right or to unreasonably delay
the scheduling of the service of the protection
determination.
``(D) Asylum officer.--A protection determination
decision may only be served by an asylum officer.
``(E) Protections for asylum officer decisions
based on the merits of the case.--The Secretary may not
impose restrictions on an asylum officer's ability to
grant or deny relief sought by an alien in a protection
determination or protection merits interview based on a
numerical limitation.
``(3) Negative protection determination.--
``(A) Advisement of rights and opportunities.--If
an alien receives a negative protection determination
decision, the asylum officer shall--
``(i) advise the alien if an alternative
option of return is available to the alien,
including--
``(I) voluntary departure;
``(II) withdrawal of the alien's
application for admission; or
``(III) voluntary repatriation; and
``(ii) provide written or verbal
information to the alien regarding the process,
procedures, and timelines for appealing such
denial, to the maximum extent practicable, in
the alien's native language, or in a language
the alien understands.
``(4) Protection for children.--In the case of a family
unit, the Secretary shall ensure that the best interests of the
child or children are considered when conducting a protection
determination of the child's family unit.
``(5) Final order of removal.--If an alien receives a
negative protection determination decision, an alien shall be
removed in accordance with section 241 upon a final order of
removal.
``(f) Failure To Conduct Protection Determination.--
``(1) In general.--If the Secretary fails to conduct a
protection determination for an alien during the 90-day period
set forth in subsection (b)(3)(A), such alien shall be referred
for protection merits removal proceedings in accordance with
240D.
``(2) Notice of protection merits interview.--
``(A) In general.--If an alien is referred for
protection merits removal proceedings pursuant to
paragraph (1), the Secretary shall properly file with
U.S. Citizenship and Immigration Services and serve
upon the alien, or the alien's counsel of record, a
notice of a protection merits interview, in accordance
with subsection (b)(2).
``(B) Contents.--Each notice of protection merits
interview served pursuant to subparagraph (A)--
``(i) shall include each element described
in subsection (b)(2); and
``(ii) shall--
``(I) inform the alien that an
application for protection relief shall
be submitted to the Secretary not later
than 30 days before the date on which
the alien's protection merits interview
is scheduled;
``(II) inform the alien that he or
she shall receive employment
authorization, pursuant to section
235C, not later than 30 days after
filing the application required under
subclause (I);
``(III) inform the alien that he or
she may submit evidence into the record
not later than 30 days before the date
on which the alien's protection merits
interview is scheduled;
``(IV) describe--
``(aa) the penalties
resulting from the alien's
failure to file the application
required under subclause (I);
and
``(bb) the terms and
conditions for redressing such
failure to file; and
``(V) describe the penalties
resulting from the alien's failure to
appear for a scheduled protection
merits interview.
``(3) Date of filing.--The date on which an application for
protection relief is received by the Secretary shall be
considered the date of filing and receipt for all purposes.
``(4) Effect of failure to file.--
``(A) In general.--Failure to timely file an
application for protection relief under this subsection
will result in an order of removal, absent exceptional
circumstances.
``(B) Opportunity for redress.--
``(i) In general.--The Secretary shall
promulgate regulations authorizing a 15-day
opportunity for redress to file an application
for protection relief if there are exceptional
circumstances regarding the alien's failure to
timely file an application for protection
relief.
``(ii) Contents.--Each application
submitted pursuant to clause (i) shall--
``(I) describe the basis for such
request;
``(II) include supporting evidence;
and
``(III) identify the exceptional
circumstances that led to the alien's
failure to file the application for
protection relief in a timely manner.
``(C) Decision .--In evaluating a request for
redress submitted pursuant to subparagraph (B)(i), the
Director, or designee--
``(i) shall determine whether such request
rises to the level of exceptional
circumstances; and
``(ii) may schedule a protection
determination interview.
``(5) Employment authorization.--
``(A) In general.--Employment authorization shall
be provided to aliens described in this subsection in
accordance with section 235C.
``(B) Revocation.--The Secretary may revoke the
employment authorization provided to any alien
processed under this section or section 240D if such
alien--
``(i) has obtained authorization for
employment pursuant to the procedures described
in section 235C; and
``(ii) absent exceptional circumstances,
subsequently fails to appear for a protection
determination under subsection (b)(3) or a
protection merits interview under 240D(c)(3).
``(g) Failure To Appear.--
``(1) Protection merits interview.--The provisions of
section 240(b)(5) shall apply to proceedings under this
section.
``(2) Opportunity to redress.--
``(A) In general.--Not later than 15 days after the
date on which an alien fails to appear for a scheduled
protection determination or protection merits
interview, the alien may submit a written request for a
rescheduled protection determination or protection
merits interview.
``(B) Contents.--Each request submitted pursuant to
subparagraph (A) shall--
``(i) describe the basis for such request;
``(ii) include supporting evidence; and
``(iii) identify the exceptional
circumstances that led to the alien's failure
to appear.
``(C) Decision.--In evaluating a request submitted
pursuant to subparagraph (A), the Director, or designee
shall determine whether the evidence included in such
request rises to the level of exceptional
circumstances. Such decision shall not be reviewable.
``(h) Rulemaking.--
``(1) In general.--The Secretary may promulgate such
regulations as are necessary to implement this section in
compliance with the requirements of section 553 of title 5,
United States Code.
``(2) Initial implementation.--Until the date that is 180
days after the date of the enactment of this section, the
Secretary may issue any interim final rules necessary to
implement this section without having to satisfy the
requirements of section 553(b)(B) of title 5, United States
Code, provided that any such interim final rules shall include
a 30-day post promulgation notice and comment period prior to
finalization in the Federal Register.
``(3) Requirement.--All regulations promulgated to
implement this section beginning on the date that is 180 days
after the date of the enactment of this section, shall be
issued pursuant to the requirements set forth in section 553 of
title 5, United States Code.
``(i) Savings Provisions.--
``(1) Expedited removal.--Nothing in this section may be
construed to expand or restrict the Secretary's discretion to
carry out expedited removals pursuant to section 235 to the
extent authorized by law. The Secretary shall not refer or
place an alien in proceedings under section 235 if the alien
has already been placed in or referred to proceedings under
this section or section 240D.
``(2) Detention.--Nothing in this section may be construed
to affect the authority of the Secretary to detain an alien
released pursuant to this section if otherwise authorized by
law.
``(3) Settlement agreements.--Nothing in this section may
be construed--
``(A) to expand or restrict any settlement
agreement in effect as of the date of the enactment of
this section; or
``(B) to abrogate any provision of the stipulated
settlement agreement in Reno v. Flores, as filed in the
United States District Court for the Central District
of California on January 17, 1997 (CV-85-4544-RJK),
including all subsequent court decisions, orders,
agreements, and stipulations.
``(4) Impact on other removal proceedings.--The provisions
of this section may not be interpreted to apply to any other
form of removal proceedings.
``(5) Special rule.--For aliens who are natives or citizens
of Cuba released pursuant to this section and who are otherwise
eligible for adjustment of status under the first section of
Public Law 89-732 (8 U.S.C. 1255 note) (commonly known as the
`Cuban Adjustment Act'), the requirement that an alien has been
inspected and admitted or paroled into the United States shall
not apply. Aliens who are natives or citizens of Cuba or Haiti
and have been released pursuant to section 240 (8 U.S.C. 1229)
shall be considered to be individuals described in section
501(e)(1) of the Refugee Education Assistance Act of 1980 (8
U.S.C. 1522 note).
``(6) Review of protection determinations.--Except for
reviews of constitutional claims, no court shall have
jurisdiction to review a protection determination issued by
U.S. Citizenship and Immigration Services under this section.
``(7) Final removal orders.--No court shall have
jurisdiction to review a final order of removal issued under
this section.
``(j) Judicial Review.--Notwithstanding any other provision of this
Act, judicial review of any decision or action in this section shall be
governed only by the United States District Court for the District of
Columbia, which shall have sole and original jurisdiction to hear
challenges, whether constitutional or otherwise, to the validity of
this section or any written policy directive, written policy guideline,
written procedure, or the implementation thereof, issued by or under
the authority of the Secretary to implement this section.
``(k) Reports on Asylum Officer Grant Rates.--
``(1) Publication of annual report.--Not later than 1 year
after the date of the enactment of the Border Act, and annually
thereafter, the Director of U.S. Citizenship and Immigration
Services shall publish a report, on a publicly accessible
website of U.S. Citizenship and Immigration Services, which
includes, for the reporting period--
``(A) the number of protection determinations that
were approved or denied; and
``(B) a description of any anomalous incidents
identified by the Director, including any action taken
by the Director to address such an incident.
``(2) Semiannual report to congress.--
``(A) In general.--Not less frequently than twice
each year, the Director of U.S. Citizenship and
Immigration Services shall submit a report to the
relevant committees of Congress that includes, for the
preceding reporting period, and aggregated for the
applicable calendar year--
``(i) the number of cases in which a
protection determination or protection merits
interview has been completed; and
``(ii) for each asylum office or duty
station to which more than 20 asylum officers
are assigned--
``(I) the median percentage of
positive determinations and protection
merits interviews in the cases
described in clause (i);
``(II) the mean percentage of
negative determinations and protection
merits interviews in such cases; and
``(III) the number of cases
described in subsection (c)(5) in which
an alien was referred to a supervisor
after demonstrating, by clear and
convincing evidence, eligibility for
asylum, withholding of removal, or
protection under the Convention Against
Torture, disaggregated by benefit type;
``(IV) the number of cases
described in clause (i) that were
approved by a supervisor; and
``(V) the number of cases described
in clause (i) that were not approved by
a supervisor.
``(B) Presentation of data.--The information
described in subparagraph (A) shall be provided in the
format of aggregate totals by office or duty station.
``(l) Definitions.--In this section:
``(1) Application for protection relief.--The term
`application for protection relief' means any request,
application or petition authorized by the Secretary for asylum,
withholding of removal, or protection under the Convention
Against Torture.
``(2) Asylum officer.--The term `asylum officer' has the
meaning given such term in section 235(b)(1)(E).
``(3) Convention against torture.--The term `Convention
Against Torture' means the United Nations Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, done at New York December 10, 1984, including any
implementing regulations.
``(4) Director.--The term `Director' means the Director of
U.S. Citizenship and Immigration Services.
``(5) Exceptional circumstances.--The term `exceptional
circumstances' has the meaning given such term in section
240(e)(1).
``(6) Final order of removal.--The term `final order of
removal' means an order of removal made by an asylum officer at
the conclusion of a protection determination, and any appeal of
such order, as applicable.
``(7) Protection appellate board.--The term `Protection
Appellate Board' means the Protection Appellate Board
established under section 463 of the Homeland Security Act of
2002.
``(8) Protection determination decision.--The term
`protection determination decision' means the service of a
negative or positive protection determination outcome.
``(9) Relevant committees of congress.--The term `relevant
committees of Congress' means--
``(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
``(B) the Committee on the Judiciary of the Senate;
``(C) the Committee on Appropriations of the
Senate;
``(D) the Committee on Homeland Security of the
House of Representatives;
``(E) the Committee on the Judiciary of the House
of Representatives;
``(F) the Committee on Appropriations of the House
of Representatives; and
``(G) the Committee on Oversight and Accountability
of the House of Representatives.
``(10) Secretary.--The term `Secretary' means the Secretary
of Homeland Security.''.
(b) Clerical Amendment.--The table of contents of the Immigration
and Nationality Act (8 U.S.C. 1101 note) is amended by inserting after
the item relating to section 235A the following:
``Sec. 235B. Provisional noncustodial removal proceedings.''.
SEC. 142. PROTECTION MERITS REMOVAL PROCEEDINGS.
(a) In General.--Chapter 4 of title II of the Immigration and
Nationality Act (8 U.S.C. 1221 et seq.) is amended by inserting after
section 240C the following:
``SEC. 240D. PROTECTION MERITS REMOVAL PROCEEDINGS.
``(a) Commencement of Proceedings.--Removal proceedings under this
section shall commence immediately after the Secretary properly serves
notice on an alien who was--
``(1) processed under section 235B and referred under
subsection (c)(4) of that section after having been issued a
notice of a positive protection determination under such
subsection; or
``(2) referred under section 235B(f).
``(b) Duration of Proceedings.--To the maximum extent practicable,
proceedings under this section shall conclude not later than 90 days
after the date on which such proceedings commence.
``(c) Procedures.--
``(1) Service and notice requirements.--Upon the
commencement of proceedings under this section, the Secretary
shall provide notice of removal proceedings to the alien, or if
personal service is not practicable, to the alien's counsel of
record. Such notice shall be provided, to the maximum extent
practicable, in the alien's native language, or in a language
the alien understands, and shall specify or provide--
``(A) the nature of the proceedings against the
alien;
``(B) the legal authority under which such
proceedings will be conducted;
``(C) the charges against the alien and the
statutory provisions alleged to have been violated by
the alien;
``(D) that the alien shall--
``(i) immediately provide (or have
provided) to the Secretary, in writing, the
mailing address, contact information, email
address or other electronic address, and
telephone number (if any) at which the alien
may be contacted respecting the proceeding
under this section; and
``(ii) provide to the Secretary, in
writing, any change of the alien's mailing
address or telephone number after any such
change;
``(E)(i) the time and place at which the proceeding
under this section will be held, which information
shall be communicated, to the extent practicable,
before or during the alien's release from physical
custody; or
``(ii) immediately after release, the time and
place of such proceeding shall be provided to the
alien, or to the alien's counsel of record, not later
than 10 days before the scheduled protection
determination interview, which shall be considered
proper service of the commencement of proceedings;
``(F) the consequences for the alien's failure to
appear at such proceeding pursuant to section
240(b)(5)(A), absent exceptional circumstances;
``(G) the alien's right to be represented, at no
expense to the Federal Government, by any counsel, or
an accredited representative, selected by the alien who
is authorized to practice in such a proceeding; and
``(H) information described in section
235(b)(1)(B)(iv)(II).
``(2) Alternatives to detention.--An adult alien, including
a head of household, who has been referred for proceedings
under this section, shall be supervised under the Alternatives
to Detention program of U.S. Immigration and Customs
Enforcement for the duration of such proceedings.
``(3) Protection merits interview.--
``(A) In general.--An asylum officer shall conduct
a protection merits interview of each alien processed
under this section.
``(B) Access to counsel.--Section 235B(b)(3)(B)
shall apply to proceedings under this section.
``(C) Procedures and evidence.--The asylum officer
may receive into evidence any oral or written statement
that is material and relevant to any matter in the
protection merits interview. The testimony of the alien
shall be under oath or affirmation, which shall be
administered by the asylum officer.
``(D) Translation of documents.--Any foreign
language document offered by a party in proceedings
under this section shall be accompanied by an English
language translation and a certification signed by the
translator, which shall be printed legibly or typed.
Such certification shall include a statement that the
translator is competent to translate the document, and
that the translation is true and accurate to the best
of the translator's abilities.
``(E) Interpreters.--An interpreter may be provided
to the alien for the proceedings under this section, in
accordance with section 235B(b)(3)(D).
``(F) Location.--The location for the protection
merits interview described in this section shall be
determined in accordance with the terms and conditions
described in section 235B(b)(3)(E).
``(G) Written record.--The asylum officer shall
prepare a written record of each protection merits
interview, which shall be provided to the alien or the
alien's counsel, that includes--
``(i) a summary of the material facts
stated by the alien;
``(ii) any additional facts relied upon by
the asylum officer;
``(iii) the asylum officer's analysis of
why, in light of the facts referred to in
clauses (i) and (ii), the alien has or has not
established eligibility for asylum under
section 208, withholding of removal under
section 241(b)(3), or protection under the
Convention Against Torture; and
``(iv) a copy of the asylum officer's
interview notes.
``(H) Protection of certain information.--Before
providing the record described in subparagraph (G) to
the alien or the alien's counsel of record, the
Director shall protect any information the disclosure
of which is prohibited by law.
``(I) Rulemaking.--The Secretary shall promulgate
regulations that permit an alien to request a
rescheduled interview due to exceptional circumstances.
``(J) Withdrawal of application, voluntary
departure, and voluntary repatriation.--
``(i) Voluntary departure.--The Secretary
may permit an alien to voluntarily depart in
accordance with section 240E.
``(ii) Withdrawal of application.--The
Secretary may permit an alien, at any time
before the protection merits interview, to
withdraw his or her application and depart
immediately from the United States in
accordance with section 240F.
``(iii) Voluntary repatriation.--The
Secretary may permit an alien to voluntarily
repatriate in accordance with section 240G.
``(4) Special rule relating to one-year bar.--An alien
subject to proceedings under this section shall not be subject
to the one-year bar under section 208(a)(2)(B).
``(5) Timing of protection merits interview.--A protection
merits interview may not be conducted on a date that is earlier
than 30 days after the date on which notice is served under
paragraph (1).
``(d) Protection Merits Determination.--
``(1) In general.--After conducting an alien's protection
merits interview, the asylum officer shall make a determination
on the merits of the alien's application for asylum under
section 208, withholding of removal under section 241(b)(3), or
protection under the Convention Against Torture.
``(2) Positive protection merits determination.--In the
case of an alien who the asylum officer determines meets the
criteria for a positive protection merits determination, the
asylum officer shall approve the alien's application for asylum
under section 208, withholding of removal under section
241(b)(3), or protection under the Convention Against Torture.
``(3) Negative protection merits determination.--
``(A) In general.--In the case of an alien who the
asylum officer determines does not meet the criteria
for a positive protection merits determination--
``(i) the asylum officer shall deny the
alien's application for asylum under section
208, withholding of removal under section
241(b)(3), or protection under the Convention
Against Torture; and
``(ii) the Secretary shall--
``(I) provide the alien with
written notice of the decision; and
``(II) subject to subparagraph (B)
and subsection (e), order the removal
of the alien from the United States.
``(B) Request for reconsideration.--Any alien with
respect to whom a negative protection merits
determination has been made may submit a request for
reconsideration to U.S. Citizenship and Immigration
Services not later than 5 days after such
determination, in accordance with the procedures set
forth in section 235B(d)(3).
``(e) Appeals.--
``(1) In general.--An alien with respect to whom a negative
protection merits determination has been made may submit to the
Protection Appellate Board a written petition for review of
such determination, together with additional evidence
supporting the alien's claim, as applicable, not later than 7
days after the date on which a request for reconsideration
under subsection (d)(3)(B) has been denied.
``(2) Sworn statement.--A petition for review submitted
under this subsection shall include a sworn statement by the
alien.
``(3) Responsibilities of the director.--
``(A) In general.--After the filing of a petition
for review by an alien, the Director shall--
``(i) refer the alien's petition for review
to the Protection Appellate Board; and
``(ii) before the date on which the
Protection Appellate Board commences review,
subject to subparagraph (B), provide a full
record of the alien's protection merits
interview, including a transcript of such
interview--
``(I) to the Protection Appellate
Board; and
``(II) to the alien, or the alien's
counsel of record.
``(B) Protection of certain information.--Before
providing the record described in subparagraph
(A)(ii)(II) to the alien or the alien's counsel of
record, the Director shall protect any information the
disclosure of which is prohibited by law.
``(4) Standard of review.--
``(A) In general.--In reviewing a protection merits
determination under this subsection, the Protection
Appellate Board shall--
``(i) with respect to questions of fact,
determine whether the decision reached by the
asylum officer with initial jurisdiction
regarding the alien's eligibility for relief or
protection was clear error; and
``(ii) with respect to questions of law,
discretion, and judgement, make a de novo
determination with respect to the alien's
eligibility for relief or protection.
``(B) in making a determination under clause (i) or
(ii) of subparagraph (A), take into account the
credibility of the statements made by the alien in
support of the alien's claim and such other facts as
are known to the Protection Appellate Board.
``(5) Completion.--To the maximum extent practicable, not
later than 7 days after the date on which an alien files a
petition for review with the Protection Appellate Board, the
Protection Appellate Board shall conclude the review.
``(6) Opportunity to supplement.--The Protection Appellate
Board shall establish a process by which an alien, or the
alien's counsel of record, may supplement the record for
purposes of a review under this subsection not less than 30
days before the Protection Appellate Board commences the
review.
``(7) Result of review.--
``(A) Vacatur of order of removal.--In the case of
a determination by the Protection Appellate Board that
the application of an alien for asylum warrants
approval, the Protection Appellate Board shall vacate
the order of removal issued by the asylum officer and
grant such application.
``(B) Withholding of removal and convention against
torture order of removal.--In the case of a
determination by the Protection Appellate Board that
the application of an alien for withholding of removal
under section 241(b)(3) or protection under the
Convention Against Torture warrants approval, the
Protection Appellate Board--
``(i) shall not vacate the order of removal
issued by the asylum officer; and
``(ii) shall grant the application for
withholding of removal under section 241(b)(3)
or protection under the Convention Against
Torture, as applicable.
``(C) Affirmation of order of removal.--In the case
of a determination by the Protection Appellate Board
that the petition for review of a protection merits
interview does not warrant approval, the Protection
Appellate Board shall affirm the denial of such
application and the order of removal shall become
final.
``(D) Notification.--Upon making a determination
with respect to a review under this subsection, the
Protection Appellate Board shall expeditiously provide
notice of the determination to the alien and, as
applicable, to the alien's counsel of record.
``(8) Motion to reopen or motion to reconsider.--
``(A) Motion to reopen.--A motion to reopen a
review conducted by the Protection Appellate Board
shall state new facts and shall be supported by
documentary evidence. The resubmission of previously
provided evidence or reassertion of previously stated
facts shall not be sufficient to meet the requirements
of a motion to reopen under this subparagraph. An alien
with a pending motion to reopen may be removed if the
alien's order of removal is final, pending a decision
on a motion to reopen.
``(B) Motion to reconsider.--
``(i) In general.--A motion to reconsider a
decision of the Protection Appellate Board--
``(I) shall establish that--
``(aa) the Protection
Appellate Board based its
decision on an incorrect
application of law or policy;
and
``(bb) the decision was
incorrect based on the evidence
in the record of proceedings at
the time of the decision; and
``(II) shall be filed not later
than 30 days after the date on which
the decision was issued.
``(ii) Limitation.--The Protection
Appellate Board shall not consider new facts or
evidence submitted in support of a motion to
reconsider.
``(f) Order of Removal.--
``(1) In general.--The Secretary--
``(A) shall have exclusive and final jurisdiction
over the denial of an application for relief or
protection under this section; and
``(B) may remove an alien to a country where the
alien is a subject, national, or citizen, or in the
case of an alien having no nationality, the country of
the alien's last habitual residence, or in accordance
with the processes established under section 241,
unless removing the alien to such country would be
prejudicial to the interests of the United States.
``(2) Detention; removal.--The terms and conditions under
section 241 shall apply to the detention and removal of aliens
ordered removed from the United States under this section.
``(g) Limitation on Judicial Review.--
``(1) Denials of protection.--Except for review of
constitutional claims, no court shall have jurisdiction to
review a decision issued by U.S. Citizenship and Immigration
Services under this section denying an alien's application for
asylum under section 208, withholding of removal under section
241(b)(3), or protection under the Convention Against Torture.
``(2) Final removal orders.--No court shall have
jurisdiction to review a final order of removal issued under
this section.
``(h) Rulemaking.--
``(1) In general.--The Secretary may promulgate such
regulations as are necessary to implement this section in
compliance with the requirements of section 553 of title 5,
United States Code.
``(2) Initial implementation.--Until the date that is 180
days after the date of the enactment of this section, the
Secretary may issue any interim final rules necessary to
implement this section without having to satisfy the
requirements of section 553(b)(B) of title 5, United States
Code, provided that any such interim final rules shall include
a 30-day post promulgation notice and comment period prior to
finalization in the Federal Register.
``(3) Requirement.--All regulations promulgated to
implement this section beginning on the date that is 180 days
after the date of the enactment of this section, shall be
issued pursuant to the requirements set forth in section 553 of
title 5, United States Code.
``(i) Savings Provisions.--
``(1) Detention.--Nothing in this section may be construed
to affect the authority of the Secretary to detain an alien who
is processed, including for release, under this section if
otherwise authorized by law.
``(2) Settlement agreements.--Nothing in this section may
be construed--
``(A) to expand or restrict any settlement
agreement in effect on the date of the enactment of
this section; or
``(B) to abrogate any provision of the stipulated
settlement agreement in Reno v. Flores, as filed in the
United States District Court for the Central District
of California on January 17, 1997 (CV-85-4544-RJK),
including all subsequent court decisions, orders,
agreements, and stipulations.
``(3) Impact on other removal proceedings.--The provisions
of this section may not be interpreted to apply to any other
form of removal proceedings.
``(4) Conversion to removal proceedings under section
240.--The asylum officer or immigration officer may refer or
place an alien into removal proceedings under section 240 by
issuing a notice to appear for the purpose of initiating such
proceedings if either such officer determines that--
``(A) such proceedings are required in order to
permit the alien to seek an immigration benefit for
which the alien is legally entitled to apply; and
``(B) such application requires such alien to be
placed in, or referred to proceedings under section 240
that are not available to such alien under this
section.
``(j) Family Unity.--In the case of an alien with a minor child in
the United States who has been ordered removed pursuant to this
section, the Secretary shall ensure that such alien is removed with the
minor child, if the alien elects.
``(k) Judicial Review.--Notwithstanding any other provision of this
Act, judicial review of any decision or action in this section shall be
governed only by the United States District Court for the District of
Columbia, which shall have sole and original jurisdiction to hear
challenges, whether constitutional or otherwise, to the validity of
this section or any written policy directive, written policy guideline,
written procedure, or the implementation thereof, issued by or under
the authority of the Secretary to implement this section.
``(l) Definitions.--In this section:
``(1) Asylum officer.--The term `asylum officer' has the
meaning given such term in section 235(b)(1)(E).
``(2) Convention against torture.--The term `Convention
Against Torture' means the United Nations Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, done at New York December 10, 1984, including any
implementing regulations.
``(3) Director.--The term `Director' means the Director of
U.S. Citizenship and Immigration Services.
``(4) Exceptional circumstances.--The term `exceptional
circumstances' has the meaning given such term in section
240(e)(1).
``(5) Final order of removal.--The term `final order of
removal' means an order of removal made by an asylum officer at
the conclusion of a protection determination, and any appeal of
such order, as applicable.
``(6) Protection appellate board.--The term `Protection
Appellate Board' means the Protection Appellate Board
established under section 463 of the Homeland Security Act of
2002.
``(7) Protection determination decision.--The term
`protection determination decision' means the service of a
negative or positive protection determination outcome.
``(8) Secretary.--The term `Secretary' means the Secretary
of Homeland Security.''.
(b) Clerical Amendment.--The table of contents of the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting
after the item relating to section 240C the following:
``Sec. 240D. Protection merits removal proceedings.''.
SEC. 143. VOLUNTARY DEPARTURE AFTER NONCUSTODIAL PROCESSING; WITHDRAWAL
OF APPLICATION FOR ADMISSION.
(a) In General.--Chapter 4 of title II of the Immigration and
Nationality Act (8 U.S.C. 1221 et seq.), as amended by section 142(a),
is further amended by inserting after section 240D the following:
``SEC. 240E. VOLUNTARY DEPARTURE AFTER NONCUSTODIAL PROCESSING.
``(a) Conditions.--
``(1) In general.--The Secretary of Homeland Security
(referred to in this section as the `Secretary') may permit an
alien to voluntarily depart the United States under this
subsection, at the alien's own expense, instead of being
subject to proceedings under section 235B or 240D or before the
completion of such proceedings, if such alien is not deportable
under paragraph (2)(A)(iii) or (4)(B) of section 237(a).
``(2) Period of validity.--Permission to depart voluntarily
under this subsection shall be valid for a period not to exceed
120 days.
``(3) Departure bond.--The Secretary may require an alien
permitted to depart voluntarily under this subsection to post a
voluntary departure bond, which shall be surrendered upon proof
that the alien has departed the United States within the time
specified in such bond.
``(b) At Conclusion of Proceedings.--
``(1) In general.--The Secretary may permit an alien to
voluntarily depart the United States under this subsection, at
the alien's own expense, if, at the conclusion of a proceeding
under section 240D, the asylum officer--
``(A) enters an order granting voluntary departure
instead of removal; and
``(B) determines that the alien--
``(i) has been physically present in the
United States for not less than 60 days
immediately preceding the date on which proper
notice was served in accordance with section
235B(e)(2);
``(ii) is, and has been, a person of good
moral character for at least 5 years
immediately preceding the alien's application
for voluntary departure;
``(iii) is not deportable under paragraph
(2)(A)(iii) or (4) of section 237(a); and
``(iv) has established, by clear and
convincing evidence, that he or she has the
means to depart the United States and intends
to do so.
``(2) Departure bond.--The Secretary shall require any
alien permitted to voluntarily depart under this subsection to
post a voluntary departure bond, in an amount necessary to
ensure that such alien will depart, which shall be surrendered
upon proof that the alien has departed the United States within
the time specified in such bond.
``(c) Ineligible Aliens.--The Secretary shall not permit an alien
to voluntarily depart under this section if such alien was previously
permitted to voluntarily depart after having been found inadmissible
under section 212(a)(6)(A).
``(d) Civil Penalty for Failure to Depart.--
``(1) In general.--Subject to paragraph (2), an alien who
was permitted to voluntarily depart the United States under
this section and fails to voluntarily depart within the period
specified by the Secretary--
``(A) shall be subject to a civil penalty of not
less than $1,000 and not more than $5,000; and
``(B) shall be ineligible, during the 10-year
period beginning on the last day such alien was
permitted to voluntarily depart, to receive any further
relief under this section and sections 240A, 245, 248,
and 249.
``(2) Special rule.--The restrictions on relief under
paragraph (1) shall not apply to individuals identified in
section 240B(d)(2).
``(3) Notice.--The order permitting an alien to voluntarily
depart shall describe the penalties under this subsection.
``(e) Additional Conditions.--The Secretary may prescribe
regulations that limit eligibility for voluntary departure under this
section for any class of aliens. No court may review any regulation
issued under this subsection.
``(f) Judicial Review.--No court has jurisdiction over an appeal
from the denial of a request for an order of voluntary departure under
subsection (b). No court may order a stay of an alien's removal pending
consideration of any claim with respect to voluntary departure.
``(g) Rule of Construction.--Nothing in this section may be
construed to affect any voluntary departure relief in any other section
of this Act.
``SEC. 240F. WITHDRAWAL OF APPLICATION FOR ADMISSION.
``(a) Withdrawal Authorized.--The Secretary of Homeland Security
(referred to in this section as the `Secretary'), in the discretion of
the Secretary, may permit any alien for admission to withdraw his or
her application--
``(1) instead of being placed into removal proceedings
under section 235B or 240D; or
``(2) at any time before the alien's protection merits
interview occurs under section 240D.
``(b) Conditions.--An alien's decision to withdraw his or her
application for admission under subsection (a) shall be made
voluntarily. Permission to withdraw an application for admission may
not be granted unless the alien intends and is able to depart the
United States within a period determined by the Secretary.
``(c) Consequence for Failure to Depart.--An alien who is permitted
to withdraw his or her application for admission under this section and
fails to voluntarily depart the United States within the period
specified by the Secretary pursuant to subsection (b) shall be
ineligible, during the 5-year period beginning on the last day of such
period, to receive any further relief under this section and section
240A.
``(d) Family Unity.--In the case of an alien with a minor child in
the United States who has been ordered removed after withdrawing an
application under this section, the Secretary shall ensure that such
alien is removed with the minor child, if the alien elects.
``(e) Rule of Construction.--Nothing in this section may be
construed to affect any withdrawal requirements in any other section of
this Act.''.
(b) Clerical Amendment.--The table of contents of the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.), as amended by section
142(b), is further amended by inserting after the item relating to
section 240D the following:
``Sec. 240E. Voluntary departure after noncustodial processing.
``Sec. 240F. Withdrawal of application for admission.''.
SEC. 144. VOLUNTARY REPATRIATION.
(a) In General.--Chapter 4 of title II of the Immigration and
Nationality Act (8 U.S.C. 1221 et seq.), as amended by section 143(a),
is further amended by inserting after section 240F, the following:
``SEC. 240G. VOLUNTARY REPATRIATION.
``(a) Establishment.--The Secretary of Homeland Security (referred
to in this section as the `Secretary') shall establish a voluntary
repatriation program in accordance with the terms and conditions of
this section.
``(b) Voluntary Repatriation in Lieu of Proceedings.--Under the
voluntary repatriation program established under subsection (a), the
Secretary may permit an alien to elect, at any time during proceedings
under section 235B or before the alien's protection merits
determination under section 240D(d), voluntary repatriation in lieu of
continued proceedings under section 235B or 240D.
``(c) Period of Validity.--An alien who elects voluntary
repatriation shall depart the United States within a period determined
by the Secretary, which may not exceed 120 days.
``(d) Procedures.--Consistent with subsection (b), the Secretary
may permit an alien to elect voluntary repatriation if the asylum
officer--
``(1) enters an order granting voluntary repatriation
instead of an order of removal; and
``(2) determines that the alien--
``(A) has been physically present in the United
States immediately preceding the date on which the
alien elects voluntary repatriation;
``(B) is, and has been, a person of good moral
character for the entire period the alien is physically
present in the United States;
``(C) is not described in paragraph (2)(A)(iii) or
(4) of section 237(a);
``(D) meets the applicable income requirements, as
determined by the Secretary; and
``(E) has not previously elected voluntary
repatriation.
``(e) Minimum Requirements.--
``(1) Notice.--The notices required to be provided to an
alien under sections 235B(b)(2) and 240D(c)(1) shall include
information on the voluntary repatriation program.
``(2) Verbal requirements.--The asylum officer shall
verbally provide the alien with information about the
opportunity to elect voluntary repatriation--
``(A) at the beginning of a protection
determination under section 235B(c)(2); and
``(B) at the beginning of the protection merits
interview under section 240D(b)(3).
``(3) Written request.--An alien subject to section 235B or
240D--
``(A) may elect voluntary repatriation at any time
during proceedings under 235B or before the protection
merits determination under section 240D(d); and
``(B) may only elect voluntary repatriation--
``(i) knowingly and voluntarily; and
``(ii) in a written format, to the maximum
extent practicable, in the alien's native
language or in a language the alien
understands, or in an alternative record if the
alien is unable to write.
``(f) Repatriation.--The Secretary is authorized to provide
transportation to aliens, including on commercial flights, if such
aliens elect voluntary repatriation.
``(g) Reintegration.--Upon election of voluntary repatriation, the
Secretary shall advise the alien of any applicable reintegration or
reception program available in the alien's country of nationality.
``(h) Family Unity.--In the case of an alien with a minor child in
the United States who has been permitted to voluntarily repatriate
pursuant to this section, the Secretary shall ensure that such alien is
repatriated with the minor child, if the alien elects.
``(i) Immigration Consequences.--
``(1) Election timing.--In the case of an alien who elects
voluntary repatriation at any time during proceeding under
section 235B or before the protection merits interview, a final
order of removal shall not be entered against the alien.
``(2) Failure to timely depart.--In the case of an alien
who elects voluntary repatriation and fails to depart the
United States before the end of the period of validity under
subsection (c)--
``(A) the alien shall be subject to a civil penalty
in an amount equal to the cost of the commercial flight
or the ticket, or tickets, to the country of
nationality;
``(B) during the 10-year period beginning on the
date on which the period of validity under subsection
(c) ends, the alien shall be ineligible for relief
under--
``(i) this section;
``(ii) section 240A; and
``(iii) section 240E; and
``(C) a final order of removal shall be entered
against the alien.
``(3) Exceptions.--Paragraph (2) shall not apply to a child
of an adult alien who elected voluntary repatriation.
``(j) Clerical Matters.--
``(1) Rule of construction.--Nothing in this section may be
construed to affect any voluntary departure under any other
section of this Act.
``(2) Savings clause.--Nothing in this section may be
construed to supersede the requirements of section 241(b)(3).
``(3) Judicial review.--No court shall have jurisdiction of
the Secretary's decision, in the Secretary's sole discretion,
to permit an alien to elect voluntary repatriation. No court
may order a stay of an alien's removal pending consideration of
any claim with respect to voluntary repatriation.
``(4) Appropriations.--There are authorized to be
appropriated to the Secretary such sums as necessary to carry
out this section.
``(k) Voluntary Repatriation Defined.--The term `voluntary
repatriation' means the free and voluntary return of an alien to the
alien's country of nationality (or in the case of an alien having no
nationality, the country of the alien's last habitual residence) in a
safe and dignified manner, consistent with the obligations of the
United States under the Convention Relating to the Status of Refugees,
done at Geneva July 28, 1952 (as made applicable by the1967 Protocol
Relating to the Status of Refugees, done at New York January 31, 1967
(19 UST 6223)).''.
(b) Clerical Amendment.--The table of contents of the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.), as amended by section
143(b), is further amended by inserting after the item relating to
section 240F the following:
``Sec. 240G. Voluntary repatriation.''.
SEC. 145. IMMIGRATION EXAMINATIONS FEE ACCOUNT.
Section 286 of the Immigration and Nationality Act (8 U.S.C. 1356)
is amended--
(1) in subsection (m), by striking ``collected.'' and
inserting ``collected: Provided further, That such fees may not
be set to recover any costs associated with the implementation
of sections 235B and 240D, are appropriated by Congress, and
are not subject to the fees collected.''; and
(2) in subsection (n), by adding at the end the following:
``Funds deposited in the `Immigration Examinations Fee Account'
shall not be used to reimburse any appropriation for expenses
associated with the implementation of sections 235B and
240D.''.
SEC. 146. BORDER REFORMS.
(a) Special Rules for Contiguous Continental Land Borders.--
(1) In general.--Chapter 4 of title II of the Immigration
and Nationality Act (8 U.S.C. 1221 et seq.) is amended by
adding at the end the following:
``SEC. 244A. SPECIAL RULES FOR CONTIGUOUS CONTINENTAL LAND BORDERS.
``(a) In General.--An alien described in section 235 or 235B who
arrives by land from a contiguous continental land border (whether or
not at a designated port of arrival), absent unusual circumstances,
shall be promptly subjected to the mandatory provisions of such
sections unless the Secretary of Homeland Security (referred to in this
section as the `Secretary') determines, on a case-by-case basis, that
there is--
``(1) an exigent medical circumstance involving the alien
that requires the alien's physical presence in the United
States;
``(2) a significant law enforcement or intelligence purpose
warranting the alien's presence in the United States;
``(3) an urgent humanitarian reason directly pertaining to
the individual alien, according to specific criteria determined
by the Secretary;
``(4) a Tribal religious ceremony, cultural exchange,
celebration, subsistence use, or other culturally important
purpose warranting the alien's presence in the United States on
Tribal land located at or near an international land border;
``(5) an accompanying alien whose presence in the United
States is necessary for the alien who meets the criteria
described in any of the paragraphs (1) through (4) to further
the purposes of such provisions; or
``(6) an alien who, while in the United States, had an
emergent personal or bona fide reason to travel temporarily
abroad and received approval for Advance Parole from the
Secretary.
``(b) Rules of Construction.--Nothing in this section may be
construed--
``(1) to preclude the execution of section 235(a)(4) or
241(a)(5);
``(2) to expand or restrict the authority to grant parole
under section 212(d)(5), including for aliens arriving at a
port of entry by air or sea, other than an alien arriving by
land at a contiguous continental land border for whom a special
rule described in subsection (a) applies; or
``(3) to refer to or place an alien in removal proceedings
pursuant to section 240, or in any other proceedings, if such
referral is not otherwise authorized under this Act.
``(c) Transition Rules.--
``(1) Mandatory processing.--Beginning on the date that is
90 days after the date of the enactment of this section, the
Secretary shall require any alien described in subsection (a)
who does not meet any of the criteria described in paragraphs
(1) through (6) of that subsection to be processed in
accordance with section 235 or 235B, as applicable, unless such
alien is subject to removal proceedings under subsection
(b)(3).
``(2) Pre-certification referrals and placements.--Before
the Comptroller General of the United States has certified that
sections 235B and 240D are fully operational pursuant to
section 146(d) of the Border Act, the Secretary shall refer or
place aliens described in subsection (a) in proceedings under
section 240 based upon operational considerations regarding the
capacity of the Secretary to process aliens under section 235
or section 235B, as applicable.
``(3) Post-certification referrals and placements.--After
the Comptroller General makes the certification referred to in
paragraph (2), the Secretary may only refer aliens described in
subsection (a) to, or place such aliens in, proceedings under
section 235(b) or 235B, as applicable, unless such alien is
subject to removal proceedings under subsection (b)(3).''.
(2) Clerical amendment.--The table of contents of the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is
amended by inserting after the item relating to section 244 the
following:
``Sec. 244A. Special rules for contiguous continental land borders.''.
(b) Modification of Authority to Arrest, Detain, and Release
Aliens.--
(1) In general.--Section 236(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1226(a)(2)) is amended--
(A) in the matter preceding subparagraph (A), by
striking ``on'';
(B) in subparagraph (A), by inserting ``on'' before
``bond''; and
(C) by amending subparagraph (B) to read as
follows:
``(B)(i) in the case of an alien encountered in the
interior, on conditional parole; or
``(ii) in the case of an alien encountered at the
border--
``(I) pursuant to the procedures under
235B; or
``(II) on the alien's own recognizance with
placement into removal proceedings under 240;
and''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect immediately after the Comptroller General of
the United States certifies, in accordance with subsection (d),
that sections 235B and 240D of the Immigration and Nationality
Act, as added by sections 141 and 142, are fully operational.
(c) Reporting Requirement.--
(1) In general.--Section 236 of the Immigration and
Nationality Act (8 U.S.C. 1226) is amended by adding at the end
the following:
``(f) Semiannual Report.--
``(1) In general.--Not later than 180 days after the date
on which the Comptroller General makes the certification
described in section 146(d) of the Border Act, and every 180
days thereafter, the Secretary of Homeland Security shall
publish, on a publicly accessible internet website in a
downloadable and searchable format, a report that describes
each use of the authority of the Secretary under subsection
(a)(2)(B)(ii)(II).
``(2) Elements.--Each report required by paragraph (1)
shall include, for the applicable 180-day reporting period--
``(A) the number of aliens released pursuant to the
authority of the Secretary of Homeland Security under
subsection (a)(2)(B)(ii)(II);
``(B) with respect to each such release--
``(i) the rationale;
``(ii) the Border Patrol sector in which
the release occurred; and
``(iii) the number of days between the
scheduled date of the protection determination
and the date of release from physical custody.
``(3) Privacy protection.--Each report published under
paragraph (1)--
``(A) shall comply with all applicable Federal
privacy laws; and
``(B) shall not disclose any information contained
in, or pertaining to, a protection determination.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect immediately after the Comptroller General of
the United States certifies, in accordance with subsection (d),
that sections 235B and 240D of the Immigration and Nationality
Act, as added by sections 141 and 142, are fully operational.
(d) Certification Process.--
(1) Definitions.--In this subsection:
(A) Fully operational.--The term ``fully
operational'' means the Secretary has the necessary
resources, capabilities, and personnel to process all
arriving aliens referred to in sections 235B and 240D
of the Immigration and Nationality Act, as added by
sections 141 and 142, within the timeframes required by
such sections.
(B) Required parties.--The term ``required
parties'' means--
(i) the President;
(ii) the Secretary;
(iii) the Attorney General;
(iv) the Director of the Office of
Management and Budget;
(v) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(vi) the Committee on the Judiciary of the
Senate;
(vii) the Committee on Appropriations of
the Senate;
(viii) the Committee on Homeland Security
of the House of Representatives;
(ix) the Committee on the Judiciary of the
House of Representatives; and
(x) the Committee on Appropriations of the
House of Representatives.
(2) Review.--
(A) In general.--Not later than 180 days after the
date of the enactment of this Act, the Comptroller
General of the United States shall review the
implementation of sections 235B and 240D of the
Immigration and Nationality Act, as added by sections
141 and 142, to determine whether such sections are
fully operational.
(B) Review elements.--In completing the review
required under subparagraph (A), the Comptroller
General shall assess, in comparison to the available
resources, capabilities, and personnel on the date of
the enactment of this Act, whether there are
sufficient--
(i) properly trained personnel, including
support personnel;
(ii) real property assets and other
required capabilities;
(iii) information technology
infrastructure;
(iv) field manuals and guidance,
regulations, and policies;
(v) other investments that the Comptroller
General considers necessary; and
(vi) asylum officers to effectively process
all aliens who are considered amenable for
processing under section 235(b), section 235B,
section 240, and section 240D of the
Immigration and Nationality Act.
(3) Certification of full implementation.--If the
Comptroller General determines, after completing the review
required under paragraph (2), that sections 235B and 240D of
the Immigration and Nationality Act are fully operational, the
Comptroller General shall immediately submit to the required
parties a certification of such determination.
(4) Noncertification and subsequent reviews.--If the
Comptroller General determines, after completing the review
required under paragraph (2), that such sections 235B and 240D
are not fully operational, the Comptroller General shall--
(A) notify the required parties of such
determination, including the reasons for such
determination;
(B) conduct a subsequent review in accordance with
paragraph (2)(A) not later than 180 days after each
previous review that concluded that such sections 235B
and 240D were not fully operational; and
(C) conduct a subsequent review not later than 90
days after each time Congress appropriates additional
funding to fully implement such sections 235B and 240D.
(5) Determination of the secretary.--Not later than 7 days
after receiving a certification described in paragraph (3), the
Secretary shall confirm or reject the certification of the
Comptroller General.
(6) Effect of rejection.--
(A) Notification.--If the Secretary rejects a
certification of the of the Comptroller General
pursuant to paragraph (A), the Secretary shall
immediately--
(i) notify the President, the Comptroller
General, and the congressional committees
listed in paragraph (1) of such rejection; and
(ii) provide such entities with a rationale
for such rejection.
(B) Subsequent reviews.--If the Comptroller General
receives a notification of rejection from the Secretary
pursuant to subparagraph (A), the Comptroller General
shall conduct a subsequent review in accordance with
paragraph (4)(B).
SEC. 147. PROTECTION APPELLATE BOARD.
(a) In General.--Subtitle E of title IV of the Homeland Security
Act of 2002 (6 U.S.C. 271 et seq.) is amended by adding at the end the
following:
``SEC. 463. PROTECTION APPELLATE BOARD.
``(a) Establishment.--The Secretary shall establish within the U.S.
Citizenship and Immigration Services an appellate authority to conduct
administrative appellate reviews of protection merits determinations
made under section 240D of the Immigration and Nationality Act in which
the alien is denied relief or protection, to be known as the
`Protection Appellate Board'.
``(b) Composition.--Each panel of the Protection Appellate Board
shall be composed of 3 U.S. Citizenship and Immigration Services asylum
officers (as defined in section 235(b)(1)(E) of the Immigration and
Nationality Act (8 U.S.C. 1225(b)(1)(E))), assigned to the panel at
random, who--
``(1) possess the necessary experience adjudicating asylum
claims; and
``(2) are from diverse geographic regions.
``(c) Duties of Asylum Officers.--In conducting a review under
section 240D(e) of the Immigration and Nationality Act, each asylum
officer assigned to a panel of the Protection Appellate Board shall
independently review the file of the alien concerned, including--
``(1) the record of the alien's protection determination
(as defined in section 101(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a))), as applicable;
``(2) the alien's application for a protection merits
interview (as defined in section 240D(l) of that Act);
``(3) a transcript of the alien's protection merits
interview;
``(4) the final record of the alien's protection merits
interview;
``(5) a sworn statement from the alien identifying new
evidence or alleged error and any accompanying information the
alien or the alien's legal representative considers important;
and
``(6) any additional materials, information, or facts
inserted into the record.
``(d) Decisions.--Any final determination made by a panel of the
Protection Appellate Board shall be by majority decision, independently
submitted by each member of the panel.
``(e) Exclusive Jurisdiction.--The Protection Appellate Board shall
have exclusive jurisdiction to review appeals of negative protections
merits determinations.
``(f) Protections for Decisions Based on Merits of Case.--The
Director of U.S. Citizenship and Immigration Services may not impose
restrictions on an asylum officer's ability to grant or deny relief or
protection based on a numerical limitation.
``(g) Reports.--
``(1) In general.--Not later than 1 year after the date of
the enactment of this section, and annually thereafter, the
Secretary--
``(A) shall submit a report to the appropriate
committees of the Congress that includes, for the
preceding year--
``(i) the number of petitions for review
submitted by aliens under section 240D(e) of
the Immigration and Nationality Act;
``(ii) the number of appeals considered by
the Protection Appellate Board under such
section that resulted in a grant of relief or
protection;
``(iii) the number of appeals considered by
the Protection Appellate Board under such
section that resulted in a denial of relief or
protection;
``(iv) the geographic regions in which the
members of the Protection Appellate Board held
their primary duty station;
``(v) the tenure of service of the members
of the Protection Appellate Board;
``(vi) a description of any anomalous case
outcome identified by the Secretary and the
resolution of any such case outcome;
``(vii) the number of unanimous decisions
by the Protection Appellate Board;
``(viii) an identification of the number of
cases the Protection Appellate Board was unable
to complete in the timelines specified under
section 240D(e) of the Immigration and
Nationality Act; and
``(ix) a description of any steps taken to
remediate any backlog identified under clause
(viii), as applicable; and
``(B) in submitting each such report, shall protect
all personally identifiable information of Federal
employees and aliens who are subject to the reporting
under this subsection.
``(2) Appropriate committees of congress defined.--In this
subsection, the term `appropriate committees of Congress'
means--
``(A) the Committee on Appropriations of the
Senate;
``(B) the Committee on the Judiciary of the Senate;
``(C) the Committee on Homeland Security and
Governmental Affairs of the Senate;
``(D) the Committee on Appropriations of the House
of Representatives;
``(E) the Committee on the Judiciary of the House
of Representatives; and
``(F) the Committee on Homeland Security of the
House of Representatives.''.
(b) Clerical Amendment.--The table of contents of the Homeland
Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by inserting
after the item relating to section 462 the following:
``Sec. 463. Protection Appellate Board.''.
TITLE II--ASYLUM PROCESSING ENHANCEMENTS
SEC. 201. COMBINED SCREENINGS.
Section 101(a) of the Immigration and Nationality Act (8 U.S.C.
1101(a)) is amended by adding at the end the following:
``(53) The term `protection determination' means--
``(A) a screening conducted pursuant to section
235(b)(1)(B)(v); or
``(B) a screening to determine whether an alien is eligible
for--
``(i) withholding of removal under section
241(b)(3); or
``(ii) protection under the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment, done at New York December 10, 1984,
which includes the regulations implementing any law
enacted pursuant to Article 3 of such convention.
``(54) The term `protection merits interview' means an interview to
determine whether an alien--
``(A) meets the definition of refugee under paragraph (42),
in accordance with the terms and conditions under section 208;
``(B) is eligible for withholding of removal under section
241(b)(3); or
``(C) is eligible for protection under the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment, done at New York December 10, 1984, which
includes the regulations implementing any law enacted pursuant
to Article 3 of such convention.''.
SEC. 202. CREDIBLE FEAR STANDARD AND ASYLUM BARS AT SCREENING
INTERVIEW.
Section 235(b)(1)(B) of the Immigration and Nationality Act (8
U.S.C. 1225(b)(1)(B)) is amended--
(1) in clause (v), by striking ``significant possibility''
and inserting ``reasonable possibility''; and
(2) by adding at the end, the following:
``(vi) Asylum exceptions.--An asylum
officer, during the credible fear screening of
an alien--
``(I) shall determine whether any
of the asylum exceptions under section
208(b)(2) disqualify the alien from
receiving asylum; and
``(II) may determine that the alien
does not meet the definition of
credible fear of persecution under
clause (v) if any such exceptions
apply, including whether any such
exemptions to such disqualifying
exceptions may apply.''.
SEC. 203. INTERNAL RELOCATION.
(a) In General.--Section 208(b)(2)(A) of the Immigration and
Nationality Act (8 U.S.C. 1158(b)(2)(A)) is amended--
(1) in clause (v), by striking ``or'' at the end;
(2) in clause (vi), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(vii) there are reasonable grounds for
concluding that the alien could avoid
persecution by relocating to--
``(I) another location in the
alien's country of nationality; or
``(II) in the case of an alien
having no nationality, another location
in the alien's country of last habitual
residence.''.
(b) Inapplicability.--Section 244(c)(2)(B)(ii) of the Immigration
and Nationality Act (8 U.S.C. 1254a(c)(2)(B)(ii)) is amended by
inserting ``clauses (i) through (vi) of'' after ``described in''.
SEC. 204. ASYLUM OFFICER CLARIFICATION.
Section 235(b)(1)(E) of the Immigration and Nationality Act (8
U.S.C. 1225(b)(1)(E)) is amended--
(1) in clause (i), by striking ``comparable to'' and all
that follows and inserting ``, including nonadversarial
techniques;'';
(2) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(iii)(I) is an employee of U.S.
Citizenship and Immigration Services; and
``(II) is not a law enforcement officer.''.
TITLE III--SECURING AMERICA
Subtitle A--Border Emergency Authority
SEC. 301. BORDER EMERGENCY AUTHORITY.
(a) In General.--Chapter 4 of title II of the Immigration and
Nationality Act (8 U.S.C. 1221 et seq.), as amended by section 146(a),
is further amended by adding at the end the following:
``SEC. 244B. BORDER EMERGENCY AUTHORITY.
``(a) Use of Authority.--
``(1) In general.--In order to respond to extraordinary
migration circumstances, there shall be available to the
Secretary, notwithstanding any other provision of law, a border
emergency authority.
``(2) Exceptions.--The border emergency authority shall not
be activated with respect to any of the following:
``(A) A citizen or national of the United States.
``(B) An alien who is lawfully admitted for
permanent residence.
``(C) An unaccompanied alien child.
``(D) An alien who an immigration officer
determines, with the approval of a supervisory
immigration officer, should be excepted from the border
emergency authority based on the totality of the
circumstances, including consideration of significant
law enforcement, officer and public safety,
humanitarian, and public health interests, or an alien
who an immigration officer determines, in consultation
with U.S. Immigration and Customs Enforcement, should
be excepted from the border emergency authority due to
operational considerations.
``(E) An alien who is determined to be a victim of
a severe form of trafficking in persons (as defined in
section 103 of the Trafficking Victims Protection Act
of 2000 (22 U.S.C. 7102)).
``(F) An alien who has a valid visa or other lawful
permission to enter the United States, including--
``(i) a member of the Armed Forces of the
United States and associated personnel, United
States Government employees or contractors on
orders abroad, or United States Government
employees or contractors, and an accompanying
family member who is on orders or is a member
of the alien's household, subject to required
assurances;
``(ii) an alien who holds a valid travel
document upon arrival at a port of entry;
``(iii) an alien from a visa waiver program
country under section 217 who is not otherwise
subject to travel restrictions and who arrives
at a port of entry; or
``(iv) an alien who presents at a port of
entry pursuant to a process approved by the
Secretary to allow for safe and orderly entry
into the United States.
``(3) Applicability.--The border emergency authority shall
only be activated as to aliens who are not subject to an
exception under paragraph (2), and who are, after the authority
is activated, within 100 miles of the United States southwest
land border and within the 14-day period after entry.
``(b) Border Emergency Authority Described.--
``(1) In general.--Whenever the border emergency authority
is activated, the Secretary shall have the authority, in the
Secretary's sole and unreviewable discretion, to summarily
remove from and prohibit, in whole or in part, entry into the
United States of any alien identified in subsection (a)(3) who
is subject to such authority in accordance with this
subsection.
``(2) Terms and conditions.--
``(A) Summary removal.--Notwithstanding any other
provision of this Act, subject to subparagraph (B), the
Secretary shall issue a summary removal order and
summarily remove an alien to the country of which the
alien is a subject, national, or citizen (or, in the
case of an alien having no nationality, the country of
the alien's last habitual residence), or in accordance
with the processes established under section 241,
unless the summary removal of the alien to such country
would be prejudicial to the interests of the United
States.
``(B) Withholding and convention against torture
interviews.--
``(i) In general.--In the case of an alien
subject to the border emergency authority who
manifests a fear of persecution or torture with
respect to a proposed country of summary
removal, an asylum officer (as defined in
section 235(b)(1)(E)) shall conduct an
interview, during which the asylum officer
shall determine that, if such alien
demonstrates during the interview that the
alien has a reasonable possibility of
persecution or torture, such alien shall be
referred to or placed in proceedings under
section 240 or 240D, as appropriate.
``(ii) Sole mechanism to request
protection.--An interview under this
subparagraph conducted by an asylum officer
shall be the sole mechanism by which an alien
described in clause (i) may make a claim for
protection under--
``(I) section 241(b)(3); and
``(II) the Convention Against
Torture.
``(iii) Alien referred for additional
proceedings.--In the case of an alien
interviewed under clause (i) who demonstrates
that the alien is eligible to apply for
protection under section 241(b)(3) or the
Convention Against Torture, the alien--
``(I) shall not be summarily
removed; and
``(II) shall instead be processed
under section 240 or 240D, as
appropriate.
``(iv) Additional review.--
``(I) Opportunity for secondary
review.--A supervisory asylum officer
shall review any case in which the
asylum officer who interviewed the
alien under the procedures in clause
(iii) finds that the alien is not
eligible for protection under section
241(b)(3) or the Convention Against
Torture.
``(II) Vacatur.--If, in conducting
such a secondary review, the
supervisory asylum officer determines
that the alien demonstrates eligibility
for such protection--
``(aa) the supervisory
asylum officer shall vacate the
previous negative
determination; and
``(bb) the alien shall
instead be processed under
section 240 or 240D.
``(III) Summary removal.--If an
alien does not seek such a secondary
review, or if the supervisory asylum
officer finds that such alien is not
eligible for such protection, the
supervisory asylum officer shall order
the alien summarily removed without
further review.
``(3) Activations of authority.--
``(A) Discretionary activation.--The Secretary may
activate the border emergency authority if, during a
period of 7 consecutive calendar days, there is an
average of 4,000 or more aliens who are encountered
each day.
``(B) Mandatory activation.--The Secretary shall
activate the border emergency authority if--
``(i) during a period of 7 consecutive
calendar days, there is an average of 5,000 or
more aliens who are encountered each day; or
``(ii) on any 1 calendar day, a combined
total of 8,500 or more aliens are encountered.
``(C) Calculation of activation.--
``(i) In general.--For purposes of
subparagraphs (A) and (B), the average for the
applicable 7-day period shall be calculated
using--
``(I) the sum of--
``(aa) the number of
encounters that occur between
the southwest land border ports
of entry of the United States;
``(bb) the number of
encounters that occur between
the ports of entry along the
southern coastal borders; and
``(cc) the number of
inadmissible aliens encountered
at a southwest land border port
of entry as described in
subsection (a)(2)(F)(iv);
divided by
``(II) 7.
``(ii) Limitation.--Aliens described in
subsection (a)(2)(C) from noncontiguous
countries shall not be included in calculating
the sum of aliens encountered.
``(4) Limitations.--
``(A) In general.--For purposes of paragraph (3),
the Secretary shall not activate the border emergency
authority--
``(i) during the first calendar year after
the effective date, for more than 270 calendar
days;
``(ii) during the second calendar year
after the effective date, for more than 225
days; and
``(iii) during the third calendar year, for
more than 180 calendar days.
``(B) Implementation.--When the authority is
activated, the Secretary shall implement the authority
within 24 hours of such activation.
``(5) Suspensions of authority.--The Secretary shall
suspend activation of the border emergency authority, and the
procedures under subsections (a), (b), (c), and (d), not later
than 14 calendar days after the date on which the following
occurs, as applicable:
``(A) In the case of an activation under
subparagraph (A) of paragraph (3), there is during a
period of 7 consecutive calendar days an average of
less than 75 percent of the encounter level used for
activation.
``(B) In the case of an activation under clause (i)
or (ii) of paragraph (3)(B), there is during a period
of 7 consecutive calendar days an average of less than
75 percent of the encounter level described in such
clause (i).
``(6) Waivers of activation of authority.--
``(A) First calendar year.--Notwithstanding
paragraph (3), beginning the first calendar year after
the effective date, the Secretary shall only have the
authority to activate the border emergency authority
for 270 calendar days during the calendar year,
provided that--
``(i) for the first 90 calendar days in
which any of the requirements of paragraph (3)
have been satisfied, the Secretary shall be
required to activate such authority;
``(ii) for the remaining 180 days that the
authority is available in the calendar year,
the Secretary may, in the sole, unreviewable,
and exclusive discretion of the Secretary,
determine whether to activate the requirements
of the border emergency authority under
paragraph (3)(B) until the number of days that
the authority has not been activated is equal
to the number of days left in the calendar
year; and
``(iii) when the number of calendar days
remaining in the calendar year is equal to the
number of days that the authority has not been
activated, the Secretary shall be required to
activate the border emergency authority for the
remainder of the calendar year on days during
which the requirements of paragraph (3)(B) have
been satisfied.
``(B) Second calendar year.--Notwithstanding
paragraph (3), beginning the second calendar year after
the effective date, the Secretary shall only have the
authority to activate the border emergency authority
for 225 calendar days during the calendar year,
provided that--
``(i) during the first 75 calendar days
during which any of the requirements of
paragraph (3) have been satisfied, the
Secretary shall be required to activate the
authority;
``(ii) for the remaining 150 days that the
authority is available in the calendar year,
the Secretary may, in the sole, unreviewable,
and exclusive discretion of the Secretary,
determine whether to activate the requirements
of the border emergency authority under
paragraph (3)(B) until the number of days that
the authority has not been activated is equal
to the number of days left in the calendar
year; and
``(iii) when the number of calendar days
remaining in the calendar year is equal to the
number of days that the authority has not been
activated, the Secretary shall be required to
activate the border emergency authority for the
remainder of the calendar year on days during
which the requirements of paragraph (3)(B) have
been satisfied.
``(C) Third calendar year.--Notwithstanding
paragraph (3), beginning the third calendar year after
the effective date, the Secretary shall only have the
authority to activate the border emergency authority
for 180 calendar days during the calendar year,
provided that--
``(i) during the first 60 calendar days
during which any of the requirements of
paragraph (3) have been satisfied, the
Secretary shall be required to activate the
authority;
``(ii) for the remaining 120 days that the
authority is available in each calendar year,
the Secretary may, in the sole, unreviewable,
and exclusive discretion of the Secretary,
determine whether to activate the requirements
of the border emergency authority under
paragraph (3)(B) until the number of days that
the authority has not been activated is equal
to the number of days left in the calendar
year; and
``(iii) when the number of calendar days
remaining in the calendar year is equal to the
number of days that the authority has not been
activated, the Secretary shall be required to
activate the border emergency authority for the
remainder of the calendar year on days during
which the requirements of paragraph (3)(B) have
been satisfied.
``(7) Emergency suspension of authority.--
``(A) In general.--If the President finds that it
is in the national interest to temporarily suspend the
border emergency authority, the President may direct
the Secretary to suspend use of the border emergency
authority on an emergency basis.
``(B) Duration.--In the case of a direction from
the President under subparagraph (A), the Secretary
shall suspend the border emergency authority for not
more than 45 calendar days within a calendar year,
notwithstanding any limitations on the use of the
authority described in this subsection.
``(c) Continued Access to Southwest Land Border Ports of Entry.--
``(1) In general.--During any activation of the border
emergency authority under subsection (b), the Secretary shall
maintain the capacity to process, and continue processing,
under section 235 or 235B a minimum of 1,400 inadmissible
aliens each calendar day cumulatively across all southwest land
border ports of entry in a safe and orderly process developed
by the Secretary.
``(2) Special rules.--
``(A) Unaccompanied alien children exception.--For
the purpose of calculating the number under paragraph
(1), the Secretary shall count all unaccompanied alien
children, who are nationals of contiguous countries,
processed at southwest land border ports of entry, but
shall not count such children who are nationals of
noncontiguous countries.
``(B) Transition rules.--The provisions of section
244A(c) shall apply to this section.
``(d) Bar to Admission.--Any alien who, during a period of 365
days, has 2 or more summary removals pursuant to the border emergency
authority, shall be inadmissible for a period of 1 year beginning on
the date of the alien's most recent summary removal.
``(e) Savings Provisions.--
``(1) Unaccompanied alien children.--Nothing in this
section may be construed to interfere with the processing of
unaccompanied alien children and such children are not subject
to this section.
``(2) Settlement agreements.--Nothing in this section may
be construed to interfere with any rights or responsibilities
established through a settlement agreement in effect before the
date of the enactment of this section.
``(3) Rule of construction.--For purposes of the Convention
Relating to the Status of Refugees, done at Geneva July 28,
1952 (as made applicable by the 1967 Protocol Relating to the
Status of Refugees, done at New York January 31, 1967 (19 UST
6223)), the Convention Against Torture, and any other
applicable treaty, as applied to this section, the interview
under this section shall occur only in the context of the
border emergency authority.
``(f) Judicial Review.--Judicial review of any decision or action
applying the border emergency authority shall be governed only by this
subsection as follows:
``(1) Notwithstanding any other provision of law, except as
provided in paragraph (2), no court or judge shall have
jurisdiction to review any cause or claim by an individual
alien arising from the decision to enter a summary removal
order against such alien under this section, or removing such
alien pursuant to such summary removal order.
``(2) The United States District Court for the District of
Columbia shall have sole and original jurisdiction to hear
challenges, whether constitutional or otherwise, to the
validity of this section or any written policy directive,
written policy guideline, written procedure, or the
implementation thereof, issued by or under the authority of the
Secretary to implement this section.
``(g) Effective Date.--
``(1) In general.--This section shall take effect on the
day after the date of the enactment of this section.
``(2) 7-day period.--The initial activation of the
authority under subparagraph (A) or (B)(i) of subsection (b)(3)
shall take into account the average number of encounters during
the preceding 7 consecutive calendar days, as described in such
subparagraphs, which may include the 6 consecutive calendar
days immediately preceding the date of the enactment of this
section.
``(h) Rulemaking.--
``(1) In general.--The Secretary may promulgate such
regulations as are necessary to implement this section in
compliance with the requirements of section 553 of title 5,
United States Code.
``(2) Initial implementation.--Until the date that is 180
days after the date of the enactment of this section, the
Secretary may issue any interim final rules necessary to
implement this section without having to satisfy the
requirements of section 553(b)(B) of title 5, United States
Code, provided that any such interim final rules shall include
a 30-day post promulgation notice and comment period prior to
finalization in the Federal Register.
``(3) Requirement.--All regulations promulgated to
implement this section beginning on the date that is 180 days
after the date of the enactment of this section shall be issued
pursuant to the requirements set forth in section 553 of title
5, United States Code.
``(i) Definitions.--In this section:
``(1) Border emergency authority.--The term `border
emergency authority' means all authorities and procedures under
this section.
``(2) Convention against torture.--The term `Convention
Against Torture' means the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment, done at
New York December 10, 1984, and includes the regulations
implementing any law enacted pursuant to Article 3 of the
Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, done at New York December
10, 1984.
``(3) Encounter.--With respect to an alien, the term
`encounter' means an alien who--
``(A) is physically apprehended by U.S. Customs and
Border Protection personnel--
``(i) within 100 miles of the southwest
land border of the United States during the 14-
day period immediately after entry between
ports of entry; or
``(ii) at the southern coastal borders
during the 14-day period immediately after
entry between ports of entry; or
``(B) is seeking admission at a southwest land
border port of entry and is determined to be
inadmissible, including an alien who utilizes a process
approved by the Secretary to allow for safe and orderly
entry into the United States.
``(4) Secretary.--The term `Secretary' means the Secretary
of Homeland Security.
``(5) Southern coastal borders.--The term `southern coastal
borders' means all maritime borders in California, Texas,
Louisiana, Mississippi, Alabama, and Florida.
``(6) Unaccompanied alien child.--The term `unaccompanied
alien child' has the meaning given such term in section
462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C.
279(g)(2)).
``(j) Sunset.--This section--
``(1) shall take effect on the date of the enactment of
this section; and
``(2) shall be repealed effective as of the date that is 3
years after such date of enactment.''.
(b) Clerical Amendment.--The table of contents of the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.), as amended by section
146(b), is further amended by inserting after the item relating to
section 244A the following:
``Sec. 244B Border emergency authority.''.
Subtitle B--Fulfilling Promises to Afghan Allies
SEC. 311. DEFINITIONS.
In this subtitle:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on the Judiciary of the Senate;
(B) the Committee on Foreign Relations of the
Senate;
(C) the Committee on Armed Services of the Senate;
(D) the Committee on Appropriations of the Senate;
(E) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(F) the Committee on the Judiciary of the House of
Representatives;
(G) the Committee on Foreign Affairs of the House
of Representatives;
(H) the Committee on Armed Services of the House of
Representatives;
(I) the Committee on Appropriations of the House of
Representatives; and
(J) the Committee on Homeland Security of the House
of Representatives.
(2) Immigration laws.--The term ``immigration laws'' has
the meaning given such term in section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(4) Special immigrant status.--The term ``special immigrant
status'' means special immigrant status provided under--
(A) the Afghan Allies Protection Act of 2009 (8
U.S.C. 1101 note; Public Law 111-8);
(B) section 1059 of the National Defense
Authorization Act for Fiscal Year 2006 (8 U.S.C. 1101
note; Public Law 109-163); or
(C) subparagraph (N) of section 101(a)(27) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(27)),
as added by section 316(a).
(5) Specified application.--The term ``specified
application'' means--
(A) a pending, documentarily complete application
for special immigrant status; and
(B) a case in processing in the United States
Refugee Admissions Program for an individual who has
received a Priority 1 or Priority 2 referral to such
program.
(6) United states refugee admissions program.--The term
``United States Refugee Admissions Program'' means the program
to resettle refugees in the United States pursuant to the
authorities provided in sections 101(a)(42), 207, and 412 of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(42),
1157, and 1522).
SEC. 312. SUPPORT FOR AFGHAN ALLIES OUTSIDE THE UNITED STATES.
(a) Response to Congressional Inquiries.--The Secretary of State
shall respond to inquiries by Members of Congress regarding the status
of a specified application submitted by, or on behalf of, a national of
Afghanistan, including any information that has been provided to the
applicant, in accordance with section 222(f) of the Immigration and
Nationality Act (8 U.S.C. 1202(f)).
(b) Office in Lieu of Embassy.--During the period in which there is
no operational United States embassy in Afghanistan, the Secretary of
State shall designate an appropriate office within the Department of
State--
(1) to review specified applications submitted by nationals
of Afghanistan residing in Afghanistan, including by conducting
any required interviews;
(2) to issue visas or other travel documents to such
nationals, in accordance with the immigration laws;
(3) to provide services to such nationals, to the greatest
extent practicable, that would normally be provided by an
embassy; and
(4) to carry out any other function the Secretary of State
considers necessary.
SEC. 313. CONDITIONAL PERMANENT RESIDENT STATUS FOR ELIGIBLE
INDIVIDUALS.
(a) Definitions.--In this section:
(1) Conditional permanent resident status.--The term
``conditional permanent resident status'' means conditional
permanent resident status under section 216 and 216A of the
Immigration and Nationality Act (8 U.S.C. 1186a, 1186b),
subject to the provisions of this section.
(2) Eligible individual.--The term ``eligible individual''
means an alien who--
(A) is present in the United States;
(B) is a citizen or national of Afghanistan or, in
the case of an alien having no nationality, is a person
who last habitually resided in Afghanistan;
(C) has not been granted permanent resident status;
(D)(i) was inspected and admitted to the United
States on or before the date of the enactment of this
Act; or
(ii) was paroled into the United States during the
period beginning on July 30, 2021, and ending on the
date of the enactment of this Act, provided that such
parole has not been terminated by the Secretary upon
written notice; and
(E) is admissible to the United States as an
immigrant under the immigration laws, including
eligibility for waivers of grounds of inadmissibility
to the extent provided by the immigration laws and
subject to the terms of subsection (c) of this section.
(b) Conditional Permanent Resident Status for Eligible
Individuals.--
(1) Adjustment of status to conditional permanent resident
status.--Beginning on the date of the enactment of this Act,
the Secretary may--
(A) adjust the status of each eligible individual
to that of an alien lawfully admitted for permanent
residence status, subject to the procedures established
by the Secretary to determine eligibility for
conditional permanent resident status; and
(B) create for each eligible individual a record of
admission to such status as of the date on which the
eligible individual was initially inspected and
admitted or paroled into the United States, or July 30,
2021, whichever is later,
unless the Secretary determines, on a case-by-case basis,
that such individual is subject to any ground of
inadmissibility under section 212 (other than subsection
(a)(4)) of the Immigration and Nationality Act (8 U.S.C. 1182)
and is not eligible for a waiver of such grounds of
inadmissibility as provided by this subtitle or by the
immigration laws.
(2) Conditional basis.--An individual who obtains lawful
permanent resident status under this section shall be
considered, at the time of obtaining the status of an alien
lawfully admitted for permanent residence, to have obtained
such status on a conditional basis subject to the provisions of
this section.
(c) Conditional Permanent Resident Status Described.--
(1) Assessment.--
(A) In general.--Before granting conditional
permanent resident status to an eligible individual
under subsection (b)(1), the Secretary shall conduct an
assessment with respect to the eligible individual,
which shall be equivalent in rigor to the assessment
conducted with respect to refugees admitted to the
United States through the United States Refugee
Admissions Program, for the purpose of determining
whether the eligible individual is subject to any
ground of inadmissibility under section 212 (other than
subsection (a)(4)) of the Immigration and Nationality
Act (8 U.S.C. 1182).
(B) Consultation.--In conducting an assessment
under subparagraph (A), the Secretary may consult with
the head of any other relevant agency and review the
holdings of any such agency.
(2) Removal of conditions.--
(A) In general.--Not earlier than the date
described in subparagraph (B), the Secretary may remove
the conditional basis of the status of an individual
granted conditional permanent resident status under
this section unless the Secretary determines, on a
case-by-case basis, that such individual is subject to
any ground of inadmissibility under paragraph (2) or
(3) of section 212(a) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)), and is not eligible
for a waiver of such grounds of inadmissibility as
provided by this subtitle or by the immigration laws.
(B) Date described.--The date described in this
subparagraph is the earlier of--
(i) the date that is 4 years after the date
on which the individual was admitted or paroled
into the United States; or
(ii) July 1, 2027.
(C) Waiver.--
(i) In general.--Except as provided in
clause (ii), with respect to an eligible
individual, the Secretary may waive the
application of the grounds of inadmissibility
under 212(a) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)) for humanitarian
purposes or to ensure family unity.
(ii) Exceptions.--The Secretary may not
waive under clause (i) the application of
subparagraphs (C) through (E) and (G) through
(H) of paragraph (2), or paragraph (3), of
section 212(a) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)).
(iii) Rule of construction.--Nothing in
this subparagraph may be construed to expand or
limit any other waiver authority applicable
under the immigration laws to an applicant for
adjustment of status.
(D) Timeline.--Not later than 180 days after the
date described in subparagraph (B), the Secretary shall
endeavor to remove conditions as to all individuals
granted conditional permanent resident status under
this section who are eligible for removal of
conditions.
(3) Treatment of conditional basis of status period for
purposes of naturalization.--An individual in conditional
permanent resident status under this section, or who otherwise
meets the requirements under (a)(1) of this section, shall be
considered--
(A) to have been admitted to the United States as
an alien lawfully admitted for permanent residence; and
(B) to be present in the United States as an alien
lawfully admitted to the United States for permanent
residence, provided that, no alien shall be naturalized
unless the alien's conditions have been removed under
this section.
(d) Termination of Conditional Permanent Resident Status.--
(1) In general.--Conditional permanent resident status
shall terminate on, as applicable--
(A) the date on which the Secretary removes the
conditions pursuant to subsection (c)(2), on which date
the alien shall be lawfully admitted for permanent
residence without conditions;
(B) the date on which the Secretary determines that
the alien was not an eligible individual under
subsection (a)(2) as of the date that such conditional
permanent resident status was granted, on which date of
the Secretary's determination the alien shall no longer
be an alien lawfully admitted for permanent residence;
or
(C) the date on which the Secretary determines
pursuant to subsection (c)(2) that the alien is not
eligible for removal of conditions, on which date the
alien shall no longer be an alien lawfully admitted for
permanent residence.
(2) Notification.--If the Secretary terminates status under
this subsection, the Secretary shall so notify the individual
in writing and state the reasons for the termination.
(e) Rule of Construction.--Nothing in this section shall be
construed to limit the authority of the Secretary at any time to place
in removal proceedings under section 240 of the Immigration and
Nationality Act (8 U.S.C. 1229a) any alien who has conditional
permanent resident status under this section, if the alien is
deportable under section 237 of such Act (8 U.S.C. 1227) under a ground
of deportability applicable to an alien who has been lawfully admitted
for permanent residence.
(f) Parole Expiration Tolled.--The expiration date of a period of
parole shall not apply to an individual under consideration for
conditional permanent resident status under this section, until such
time as the Secretary has determined whether to issue conditional
permanent resident status.
(g) Periodic Nonadversarial Meetings.--
(1) In general.--Not later than 180 days after the date on
which an individual is conferred conditional permanent resident
status under this section, and periodically thereafter, the
Office of Refugee Resettlement shall make available
opportunities for the individual to participate in a
nonadversarial meeting, during which an official of the Office
of Refugee Resettlement (or an agency funded by the Office)
shall--
(A) on request by the individual, assist the
individual in a referral or application for applicable
benefits administered by the Department of Health and
Human Services and completing any applicable paperwork;
and
(B) answer any questions regarding eligibility for
other benefits administered by the United States
Government.
(2) Notification of requirements.--Not later than 7 days
before the date on which a meeting under paragraph (1) is
scheduled to occur, the Secretary of Health and Human Services
shall provide notice to the individual that includes the date
of the scheduled meeting and a description of the process for
rescheduling the meeting.
(3) Conduct of meeting.--The Secretary of Health and Human
Services shall implement practices to ensure that--
(A) meetings under paragraph (1) are conducted in a
nonadversarial manner; and
(B) interpretation and translation services are
provided to individuals granted conditional permanent
resident status under this section who have limited
English proficiency.
(4) Rules of construction.--Nothing in this subsection
shall be construed--
(A) to prevent an individual from electing to have
counsel present during a meeting under paragraph (1);
or
(B) in the event that an individual declines to
participate in such a meeting, to affect the
individual's conditional permanent resident status
under this section or eligibility to have conditions
removed in accordance with this section.
(h) Consideration.--Except with respect to an application for
naturalization and the benefits described in subsection (p), an
individual in conditional permanent resident status under this section
shall be considered to be an alien lawfully admitted for permanent
residence for purposes of the adjudication of an application or
petition for a benefit or the receipt of a benefit.
(i) Notification of Requirements.--Not later than 90 days after the
date on which the status of an individual is adjusted to that of
conditional permanent resident status under this section, the Secretary
shall provide notice to such individual with respect to the provisions
of this section, including subsection (c)(1) (relating to the conduct
of assessments) and subsection (g) (relating to periodic nonadversarial
meetings).
(j) Application for Naturalization.--The Secretary shall establish
procedures whereby an individual who would otherwise be eligible to
apply for naturalization but for having conditional permanent resident
status, may be considered for naturalization coincident with removal of
conditions under subsection (c)(2).
(k) Adjustment of Status Date.--
(1) In general.--An alien described in paragraph (2) shall
be regarded as lawfully admitted for permanent residence as of
the date the alien was initially inspected and admitted or
paroled into the United States, or July 30, 2021, whichever is
later.
(2) Alien described.--An alien described in this paragraph
is an alien who--
(A) is described in subparagraphs (A), (B), and (D)
of subsection (a)(2), and whose status was adjusted to
that of an alien lawfully admitted for permanent
residence on or after July 30, 2021, but on or before
the date of the enactment of this Act; or
(B) is an eligible individual whose status is then
adjusted to that of an alien lawfully admitted for
permanent residence after the date of the enactment of
this Act under any provision of the immigration laws
other than this section.
(l) Parents and Legal Guardians of Unaccompanied Children.--A
parent or legal guardian of an eligible individual shall be eligible to
obtain status as an alien lawfully admitted for permanent residence on
a conditional basis if--
(1) the eligible individual--
(A) was under 18 years of age on the date on which
the eligible individual was granted conditional
permanent resident status under this section; and
(B) was not accompanied by at least one parent or
guardian on the date the eligible individual was
admitted or paroled into the United States; and
(2) such parent or legal guardian was admitted or paroled
into the United States after the date referred to in paragraph
(1)(B).
(m) Guidance.--
(1) Interim guidance.--
(A) In general.--Not later than 120 days after the
date of the enactment of this Act, the Secretary shall
issue guidance implementing this section.
(B) Publication.--Notwithstanding section 553 of
title 5, United States Code, guidance issued pursuant
to subparagraph (A)--
(i) may be published on the internet
website of the Department of Homeland Security;
and
(ii) shall be effective on an interim basis
immediately upon such publication but may be
subject to change and revision after notice and
an opportunity for public comment.
(2) Final guidance.--
(A) In general.--Not later than 180 days after the
date of issuance of guidance under paragraph (1), the
Secretary shall finalize the guidance implementing this
section.
(B) Exemption from the administrative procedure
act.--Chapter 5 of title 5, United States Code
(commonly known as the ``Administrative Procedure
Act''), or any other law relating to rulemaking or
information collection, shall not apply to the guidance
issued under this paragraph.
(n) Asylum Claims.--
(1) In general.--With respect to the adjudication of an
application for asylum submitted by an eligible individual,
section 2502(c) of the Extending Government Funding and
Delivering Emergency Assistance Act (8 U.S.C. 1101 note; Public
Law 117-43) shall not apply.
(2) Rule of construction.--Nothing in this section may be
construed to prohibit an eligible individual from seeking or
receiving asylum under section 208 of the Immigration and
Nationality Act (8 U.S.C. 1158).
(o) Prohibition on Fees.--The Secretary may not charge a fee to any
eligible individual in connection with the initial issuance under this
section of--
(1) a document evidencing status as an alien lawfully
admitted for permanent residence or conditional permanent
resident status; or
(2) an employment authorization document.
(p) Eligibility for Benefits.--
(1) In general.--Notwithstanding any other provision of
law--
(A) an individual described in subsection (a) of
section 2502 of the Afghanistan Supplemental
Appropriations Act, 2022 (8 U.S.C. 1101 note; Public
Law 117-43) shall retain his or her eligibility for the
benefits and services described in subsection (b) of
such section if the individual has a pending
application, or is granted adjustment of status, under
this section; and
(B) such benefits and services shall remain
available to the individual to the same extent and for
the same periods of time as such benefits and services
are otherwise available to refugees who acquire such
status.
(2) Exception from 5-year limited eligibility for means-
tested public benefits.--Section 403(b)(1) of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996
(8 U.S.C. 1613(b)(1)) is amended by adding at the end the
following:
``(F) An alien whose status is adjusted under
section 313 of the Border Act to that of an alien
lawfully admitted for permanent residence or to that of
an alien lawfully admitted for permanent residence on a
conditional basis.''.
(q) Rule of Construction.--Nothing in this section may be construed
to preclude an eligible individual from applying for or receiving any
immigration benefit to which the individual is otherwise entitled.
(r) Exemption From Numerical Limitations.--
(1) In general.--Aliens granted conditional permanent
resident status or lawful permanent resident status under this
section shall not be subject to the numerical limitations under
sections 201, 202, and 203 of the Immigration and Nationality
Act (8 U.S.C. 1151, 1152, and 1153).
(2) Spouse and children beneficiaries.--A spouse or child
who is the beneficiary of an immigrant petition under section
204 of the Immigration and Nationality Act (8 U.S.C. 1154)
filed by an alien who has been granted conditional permanent
resident status or lawful permanent resident status under this
section, seeking classification of the spouse or child under
section 203(a)(2)(A) of that Act (8 U.S.C. 1153(a)(2)(A)) shall
not be subject to the numerical limitations under sections 201,
202, and 203 of the Immigration and Nationality Act (8 U.S.C.
1151, 1152, and 1153).
(s) Effect on Other Applications.--Notwithstanding any other
provision of law, in the interest of efficiency, the Secretary may
pause consideration of any application or request for an immigration
benefit pending adjudication so as to prioritize an application for
adjustment of status to an alien lawfully admitted for permanent
residence under this section.
(t) Authorization for Appropriations.--There is authorized to be
appropriated to the Attorney General, the Secretary of Health and Human
Services, the Secretary, and the Secretary of State such sums as are
necessary to carry out this section.
SEC. 314. REFUGEE PROCESSES FOR CERTAIN AT-RISK AFGHAN ALLIES.
(a) Definition of Afghan Ally.--
(1) In general.--In this section, the term ``Afghan ally''
means an alien who is a citizen or national of Afghanistan, or
in the case of an alien having no nationality, an alien who
last habitually resided in Afghanistan, who--
(A) was--
(i) a member of--
(I) the special operations forces
of the Afghanistan National Defense and
Security Forces;
(II) the Afghanistan National Army
Special Operations Command;
(III) the Afghan Air Force; or
(IV) the Special Mission Wing of
Afghanistan;
(ii) a female member of any other entity of
the Afghanistan National Defense and Security
Forces, including--
(I) a cadet or instructor at the
Afghanistan National Defense
University; and
(II) a civilian employee of the
Ministry of Defense or the Ministry of
Interior Affairs;
(iii) an individual associated with former
Afghan military and police human intelligence
activities, including operators and Department
of Defense sources;
(iv) an individual associated with former
Afghan military counterintelligence,
counterterrorism, or counternarcotics;
(v) an individual associated with the
former Afghan Ministry of Defense, Ministry of
Interior Affairs, or court system, and who was
involved in the investigation, prosecution or
detention of combatants or members of the
Taliban or criminal networks affiliated with
the Taliban; or
(vi) a senior military officer, senior
enlisted personnel, or civilian official who
served on the staff of the former Ministry of
Defense or the former Ministry of Interior
Affairs of Afghanistan; or
(B) provided service to an entity or organization
described in subparagraph (A) for not less than 1 year
during the period beginning on December 22, 2001, and
ending on September 1, 2021, and did so in support of
the United States mission in Afghanistan.
(2) Inclusions.--For purposes of this section, the
Afghanistan National Defense and Security Forces includes
members of the security forces under the Ministry of Defense
and the Ministry of Interior Affairs of the Islamic Republic of
Afghanistan, including the Afghanistan National Army, the
Afghan Air Force, the Afghanistan National Police, and any
other entity designated by the Secretary of Defense as part of
the Afghanistan National Defense and Security Forces during the
relevant period of service of the applicant concerned.
(b) Refugee Status for Afghan Allies.--
(1) Designation as refugees of special humanitarian
concern.--Afghan allies shall be considered refugees of special
humanitarian concern under section 207 of the Immigration and
Nationality Act (8 U.S.C. 1157), until the later of 10 years
after the date of enactment of this Act or upon determination
by the Secretary of State, in consultation with the Secretary
of Defense and the Secretary, that such designation is no
longer in the interest of the United States.
(2) Third country presence not required.--Notwithstanding
section 101(a)(42) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(42)), the Secretary of State and the Secretary
shall, to the greatest extent possible, conduct remote refugee
processing for an Afghan ally located in Afghanistan.
(c) Afghan Allies Referral Program.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act--
(A) the Secretary of Defense, in consultation with
the Secretary of State, shall establish a process by
which an individual may apply to the Secretary of
Defense for classification as an Afghan ally and
request a referral to the United States Refugee
Admissions Program; and
(B) the head of any appropriate department or
agency that conducted operations in Afghanistan during
the period beginning on December 22, 2001, and ending
on September 1, 2021, in consultation with the
Secretary of State, may establish a process by which an
individual may apply to the head of the appropriate
department or agency for classification as an Afghan
ally and request a referral to the United States
Refugee Admissions Program.
(2) Application system.--
(A) In general.--The process established under
paragraph (1) shall--
(i) include the development and maintenance
of a secure online portal through which
applicants may provide information verifying
their status as Afghan allies and upload
supporting documentation; and
(ii) allow--
(I) an applicant to submit his or
her own application;
(II) a designee of an applicant to
submit an application on behalf of the
applicant; and
(III) in the case of an applicant
who is outside the United States, the
submission of an application regardless
of where the applicant is located.
(B) Use by other agencies.--The Secretary of
Defense may enter into arrangements with the head of
any other appropriate department or agency so as to
allow the application system established under
subparagraph (A) to be used by such department or
agency.
(3) Review process.--As soon as practicable after receiving
a request for classification and referral described in
paragraph (1), the head of the appropriate department or agency
shall--
(A) review--
(i) the service record of the applicant, if
available;
(ii) if the applicant provides a service
record or other supporting documentation, any
information that helps verify the service
record concerned, including information or an
attestation provided by any current or former
official of the department or agency who has
personal knowledge of the eligibility of the
applicant for such classification and referral;
and
(iii) the data holdings of the department
or agency and other cooperating interagency
partners, including biographic and biometric
records, iris scans, fingerprints, voice
biometric information, hand geometry
biometrics, other identifiable information, and
any other information related to the applicant,
including relevant derogatory information; and
(B)(i) in a case in which the head of the
department or agency determines that the applicant is
an Afghan ally without significant derogatory
information, refer the Afghan ally to the United States
Refugee Admissions Program as a refugee; and
(ii) include with such referral--
(I) any service record concerned,
if available;
(II) if the applicant provides a
service record, any information that
helps verify the service record
concerned; and
(III) any biometrics for the
applicant.
(4) Review process for denial of request for referral.--
(A) In general.--In the case of an applicant with
respect to whom the head of the appropriate department
or agency denies a request for classification and
referral based on a determination that the applicant is
not an Afghan ally or based on derogatory information--
(i) the head of the department or agency
shall provide the applicant with a written
notice of the denial that provides, to the
maximum extent practicable, a description of
the basis for the denial, including the facts
and inferences, or evidentiary gaps, underlying
the individual determination; and
(ii) the applicant shall be provided an
opportunity to submit not more than 1 written
appeal to the head of the department or agency
for each such denial.
(B) Deadline for appeal.--An appeal under clause
(ii) of subparagraph (A) shall be submitted--
(i) not more than 120 days after the date
on which the applicant concerned receives
notice under clause (i) of that subparagraph;
or
(ii) on any date thereafter, at the
discretion of the head of the appropriate
department or agency.
(C) Request to reopen.--
(i) In general.--An applicant who receives
a denial under subparagraph (A) may submit a
request to reopen a request for classification
and referral under the process established
under paragraph (1) so that the applicant may
provide additional information, clarify
existing information, or explain any
unfavorable information.
(ii) Limitation.--After considering 1 such
request to reopen from an applicant, the head
of the appropriate department or agency may
deny subsequent requests to reopen submitted by
the same applicant.
(5) Form and content of referral.--To the extent
practicable, the head of the appropriate department or agency
shall ensure that referrals made under this subsection--
(A) conform to requirements established by the
Secretary of State for form and content; and
(B) are complete and include sufficient contact
information, supporting documentation, and any other
material the Secretary of State or the Secretary
consider necessary or helpful in determining whether an
applicant is entitled to refugee status.
(6) Termination.--The application process and referral
system under this subsection shall terminate upon the later of
1 year before the termination of the designation under
subsection (b)(1) or on the date of a joint determination by
the Secretary of State and the Secretary of Defense, in
consultation with the Secretary, that such termination is in
the national interest of the United States.
(d) General Provisions.--
(1) Prohibition on fees.--The Secretary, the Secretary of
Defense, or the Secretary of State may not charge any fee in
connection with a request for a classification and referral as
a refugee under this section.
(2) Defense personnel.--Any limitation in law with respect
to the number of personnel within the Office of the Secretary
of Defense, the military departments, or a Defense Agency (as
defined in section 101(a) of title 10, United States Code)
shall not apply to personnel employed for the primary purpose
of carrying out this section.
(3) Representation.--An alien applying for admission to the
United States under this section may be represented during the
application process, including at relevant interviews and
examinations, by an attorney or other accredited
representative. Such representation shall not be at the expense
of the United States Government.
(4) Protection of aliens.--The Secretary of State, in
consultation with the head of any other appropriate Federal
agency, shall make a reasonable effort to provide an alien who
has been classified as an Afghan ally and has been referred as
a refugee under this section protection or to immediately
remove such alien from Afghanistan, if possible.
(5) Other eligibility for immigrant status.--No alien shall
be denied the opportunity to apply for admission under this
section solely because the alien qualifies as an immediate
relative or is eligible for any other immigrant classification.
(6) Authorization of appropriations.--There are authorized
to be appropriated such sums as necessary for each of fiscal
years 2024 through 2034 to carry out this section.
(e) Rule of Construction.--Nothing in this section may be construed
to inhibit the Secretary of State from accepting refugee referrals from
any entity.
SEC. 315. IMPROVING EFFICIENCY AND OVERSIGHT OF REFUGEE AND SPECIAL
IMMIGRANT PROCESSING.
(a) Acceptance of Fingerprint Cards and Submissions of
Biometrics.--In addition to the methods authorized under the heading
relating to the Immigration and Naturalization Service under title I of
the Departments of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act of 1998 (Public Law 105-119, 111
Stat. 2448; 8 U.S.C. 1103 note), and other applicable law, and subject
to such safeguards as the Secretary, in consultation with the Secretary
of State or the Secretary of Defense, as appropriate, shall prescribe
to ensure the integrity of the biometric collection (which shall
include verification of identity by comparison of such fingerprints
with fingerprints taken by or under the direct supervision of the
Secretary prior to or at the time of the individual's application for
admission to the United States), the Secretary may, in the case of any
application for any benefit under the Immigration and Nationality Act
(8 U.S.C. 1101 et seq.), accept fingerprint cards or any other
submission of biometrics--
(1) prepared by international or nongovernmental
organizations under an appropriate agreement with the Secretary
or the Secretary of State;
(2) prepared by employees or contractors of the Department
of Homeland Security or the Department of State; or
(3) provided by an agency (as defined under section 3502 of
title 44, United States Code).
(b) Staffing.--
(1) Vetting.--The Secretary of State, the Secretary, the
Secretary of Defense, and any other agency authorized to carry
out the vetting process under this subtitle, shall each ensure
sufficient staffing, and request the resources necessary, to
efficiently and adequately carry out the vetting of applicants
for--
(A) referral to the United States Refugee
Admissions Program, consistent with the determinations
established under section 207 of the Immigration and
Nationality Act (8 U.S.C. 1157); and
(B) special immigrant status.
(2) Refugee resettlement.--The Secretary of Health and
Human Services shall ensure sufficient staffing to efficiently
provide assistance under chapter 2 of title IV of the
Immigration and Nationality Act (8 U.S.C. 1521 et seq.) to
refugees resettled in the United States.
(c) Remote Processing.--Notwithstanding any other provision of law,
the Secretary of State and the Secretary shall employ remote processing
capabilities for refugee processing under section 207 of the
Immigration and Nationality Act (8 U.S.C. 1157), including secure
digital file transfers, videoconferencing and teleconferencing
capabilities, remote review of applications, remote interviews, remote
collection of signatures, waiver of the applicant's appearance or
signature (other than a final appearance and verification by the oath
of the applicant prior to or at the time of the individual's
application for admission to the United States), waiver of signature
for individuals under 5 years old, and any other capability the
Secretary of State and the Secretary consider appropriate, secure, and
likely to reduce processing wait times at particular facilities.
(d) Monthly Arrival Reports.--With respect to monthly reports
issued by the Secretary of State relating to United States Refugee
Admissions Program arrivals, the Secretary of State shall report--
(1) the number of monthly admissions of refugees,
disaggregated by priorities; and
(2) the number of Afghan allies admitted as refugees.
(e) Interagency Task Force on Afghan Ally Strategy.--
(1) Establishment.--Not later than 180 days after the date
of the enactment of this Act, the President shall establish an
Interagency Task Force on Afghan Ally Strategy (referred to in
this section as the ``Task Force'')--
(A) to develop and oversee the implementation of
the strategy and contingency plan described in
subparagraph (A)(i) of paragraph (4); and
(B) to submit the report, and provide a briefing on
the report, as described in subparagraphs (A) and (B)
of paragraph (4).
(2) Membership.--
(A) In general.--The Task Force shall include--
(i) 1 or more representatives from each
relevant Federal agency, as designated by the
head of the applicable relevant Federal agency;
and
(ii) any other Federal Government official
designated by the President.
(B) Relevant federal agency defined.--In this
paragraph, the term ``relevant Federal agency'' means--
(i) the Department of State;
(ii) the Department Homeland Security;
(iii) the Department of Defense;
(iv) the Department of Health and Human
Services;
(v) the Federal Bureau of Investigation;
and
(vi) the Office of the Director of National
Intelligence.
(3) Chair.--The Task Force shall be chaired by the
Secretary of State.
(4) Duties.--
(A) Report.--
(i) In general.--Not later than 180 days
after the date on which the Task Force is
established, the Task Force, acting through the
chair of the Task Force, shall submit a report
to the appropriate committees of Congress that
includes--
(I) a strategy for facilitating the
resettlement of nationals of
Afghanistan outside the United States
who, during the period beginning on
October 1, 2001, and ending on
September 1, 2021, directly and
personally supported the United States
mission in Afghanistan, as determined
by the Secretary of State in
consultation with the Secretary of
Defense; and
(II) a contingency plan for future
emergency operations in foreign
countries involving foreign nationals
who have worked directly with the
United States Government, including the
Armed Forces of the United States and
United States intelligence agencies.
(ii) Elements.--The report required under
clause (i) shall include--
(I) the total number of nationals
of Afghanistan who have pending
specified applications, disaggregated
by--
(aa) such nationals in
Afghanistan and such nationals
in a third country;
(bb) type of specified
application; and
(cc) applications that are
documentarily complete and
applications that are not
documentarily complete;
(II) an estimate of the number of
nationals of Afghanistan who may be
eligible for special immigrant status;
(III) with respect to the strategy
required under subparagraph (A)(i)(I)--
(aa) the estimated number
of nationals of Afghanistan
described in such subparagraph;
(bb) a description of the
process for safely resettling
such nationals of Afghanistan;
(cc) a plan for processing
such nationals of Afghanistan
for admission to the United
States that--
(AA) discusses the
feasibility of remote
processing for such
nationals of
Afghanistan residing in
Afghanistan;
(BB) includes any
strategy for
facilitating refugee
and consular processing
for such nationals of
Afghanistan in third
countries, and the
timelines for such
processing;
(CC) includes a
plan for conducting
rigorous and efficient
vetting of all such
nationals of
Afghanistan for
processing;
(DD) discusses the
availability and
capacity of sites in
third countries to
process applications
and conduct any
required vetting for
such nationals of
Afghanistan, including
the potential to
establish additional
sites; and
(EE) includes a
plan for providing
updates and necessary
information to affected
individuals and
relevant
nongovernmental
organizations;
(dd) a description of
considerations, including
resource constraints, security
concerns, missing or inaccurate
information, and diplomatic
considerations, that limit the
ability of the Secretary of
State or the Secretary to
increase the number of such
nationals of Afghanistan who
can be safely processed or
resettled;
(ee) an identification of
any resource or additional
authority necessary to increase
the number of such nationals of
Afghanistan who can be
processed or resettled;
(ff) an estimate of the
cost to fully implement the
strategy; and
(gg) any other matter the
Task Force considers relevant
to the implementation of the
strategy;
(IV) with respect to the
contingency plan required by clause
(i)(II)--
(aa) a description of the
standard practices for
screening and vetting foreign
nationals considered to be
eligible for resettlement in
the United States, including a
strategy for vetting, and
maintaining the records of,
such foreign nationals who are
unable to provide
identification documents or
biographic details due to
emergency circumstances;
(bb) a strategy for
facilitating refugee or
consular processing for such
foreign nationals in third
countries;
(cc) clear guidance with
respect to which Federal agency
has the authority and
responsibility to coordinate
Federal resettlement efforts;
(dd) a description of any
resource or additional
authority necessary to
coordinate Federal resettlement
efforts, including the need for
a contingency fund;
(ee) any other matter the
Task Force considers relevant
to the implementation of the
contingency plan; and
(V) a strategy for the efficient
processing of all Afghan special
immigrant visa applications and
appeals, including--
(aa) a review of current
staffing levels and needs
across all interagency offices
and officials engaged in the
special immigrant visa process;
(bb) an analysis of the
expected Chief of Mission
approvals and denials of
applications in the pipeline in
order to project the expected
number of visas necessary to
provide special immigrant
status to all approved
applicants under this subtitle
during the several years after
the date of the enactment of
this Act;
(cc) an assessment as to
whether adequate guidelines
exist for reconsidering or
reopening applications for
special immigrant visas in
appropriate circumstances and
consistent with applicable
laws; and
(dd) an assessment of the
procedures throughout the
special immigrant visa
application process, including
at the Portsmouth Consular
Center, and the effectiveness
of communication between the
Portsmouth Consular Center and
applicants, including an
identification of any area in
which improvements to the
efficiency of such procedures
and communication may be made.
(iii) Form.--The report required under
clause (i) shall be submitted in unclassified
form but may include a classified annex.
(B) Briefing.--Not later than 60 days after
submitting the report required by clause (i), the Task
Force shall brief the appropriate committees of
Congress on the contents of the report.
(5) Termination.--The Task Force shall remain in effect
until the later of--
(A) the date on which the strategy required under
paragraph (4)(A)(i)(I) has been fully implemented;
(B) the date of a determination by the Secretary of
State, in consultation with the Secretary of Defense
and the Secretary, that a task force is no longer
necessary for the implementation of subparagraphs (A)
and (B) of paragraph (1); or
(C) the date that is 10 years after the date of the
enactment of this Act.
(f) Improving Consultation With Congress.--Section 207 of the
Immigration and Nationality Act (8 U.S.C. 1157) is amended--
(1) in subsection (a), by amending paragraph (4) to read as
follows:
``(4)(A) In the determination made under this subsection for each
fiscal year (beginning with fiscal year 1992), the President shall
enumerate, with the respective number of refugees so determined, the
number of aliens who were granted asylum in the previous year.
``(B) In making a determination under paragraph (1), the President
shall consider the information in the most recently published projected
global resettlement needs report published by the United Nations High
Commissioner for Refugees.'';
(2) in subsection (e), by amending paragraph (2) to read as
follows:
``(2) A description of the number and allocation of the
refugees to be admitted, including the expected allocation by
region, and an analysis of the conditions within the countries
from which they came.''; and
(3) by adding at the end the following--
``(g) Quarterly Reports on Admissions.--Not later than 30 days
after the last day of each quarter beginning the fourth quarter of
fiscal year 2024, the President shall submit to the Committee on
Homeland Security and Governmental Affairs, the Committee on the
Judiciary, and the Committee on Foreign Relations of the Senate and the
Committee on Homeland Security, the Committee on the Judiciary, and the
Committee on Foreign Affairs of the House of Representatives a report
that includes the following:
``(1) Refugees admitted.--
``(A) The number of refugees admitted to the United
States during the preceding quarter.
``(B) The cumulative number of refugees admitted to
the United States during the applicable fiscal year, as
of the last day of the preceding quarter.
``(C) The number of refugees expected to be
admitted to the United States during the remainder of
the applicable fiscal year.
``(D) The number of refugees from each region
admitted to the United States during the preceding
quarter.
``(2) Aliens with pending security checks.--With respect
only to aliens processed under section 101(a)(27)(N), subtitle
C of title III of the Border Act, or section
602(b)(2)(A)(ii)(II) of the Afghan Allies Protection Act of
2009 (8 U.S.C. 1101 note; Public Law 111-8)--
``(A) the number of aliens, by nationality,
security check, and responsible vetting agency, for
whom a National Vetting Center or other security check
has been requested during the preceding quarter, and
the number of aliens, by nationality, for whom the
check was pending beyond 30 days; and
``(B) the number of aliens, by nationality,
security check, and responsible vetting agency, for
whom a National Vetting Center or other security check
has been pending for more than 180 days.
``(3) Circuit rides.--
``(A) For the preceding quarter--
``(i) the number of Refugee Corps officers
deployed on circuit rides and the overall
number of Refugee Corps officers;
``(ii) the number of individuals
interviewed--
``(I) on each circuit ride; and
``(II) at each circuit ride
location;
``(iii) the number of circuit rides; and
``(iv) for each circuit ride, the duration
of the circuit ride.
``(B) For the subsequent 2 quarters, the number of
circuit rides planned.
``(4) Processing.--
``(A) For refugees admitted to the United States
during the preceding quarter, the average number of
days between--
``(i) the date on which an individual
referred to the United States Government as a
refugee applicant is interviewed by the
Secretary of Homeland Security; and
``(ii) the date on which such individual is
admitted to the United States.
``(B) For refugee applicants interviewed by the
Secretary of Homeland Security in the preceding
quarter, the approval, denial, recommended approval,
recommended denial, and hold rates for the applications
for admission of such individuals, disaggregated by
nationality.''.
SEC. 316. SUPPORT FOR CERTAIN VULNERABLE AFGHANS RELATING TO EMPLOYMENT
BY OR ON BEHALF OF THE UNITED STATES.
(a) Special Immigrant Visas for Certain Relatives of Certain
Members of the Armed Forces.--
(1) In general.--Section 101(a)(27) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(27)) is amended--
(A) in subparagraph (L)(iii), by adding a semicolon
at the end;
(B) in subparagraph (M), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(N) a citizen or national of Afghanistan who is
the parent or brother or sister of--
``(i) a member of the armed forces (as
defined in section 101(a) of title 10, United
States Code); or
``(ii) a veteran (as defined in section 101
of title 38, United States Code).''.
(2) Numerical limitations.--
(A) In general.--Subject to subparagraph (C), the
total number of principal aliens who may be provided
special immigrant visas under subparagraph (N) of
section 101(a)(27) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(27)), as added by paragraph (1),
may not exceed 2,500 each fiscal year.
(B) Carryover.--If the numerical limitation
specified in subparagraph (A) is not reached during a
given fiscal year, the numerical limitation specified
in such subparagraph for the following fiscal year
shall be increased by a number equal to the difference
between--
(i) the numerical limitation specified in
subparagraph (A) for the given fiscal year; and
(ii) the number of principal aliens
provided special immigrant visas under
subparagraph (N) of section 101(a)(27) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(27)) during the given fiscal year.
(C) Maximum number of visas.--The total number of
aliens who may be provided special immigrant visas
under subparagraph (N) of section 101(a)(27) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(27))
shall not exceed 10,000.
(D) Duration of authority.--The authority to issue
visas under subparagraph (N) of section 101(a)(27) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(27)) shall--
(i) commence on the date of the enactment
of this Act; and
(ii) terminate on the date on which all
such visas are exhausted.
(b) Certain Afghans Injured or Killed in the Course of
Employment.--Section 602(b) of the Afghan Allies Protection Act of 2009
(8 U.S.C. 1101 note; Public Law 111-8) is amended--
(1) in paragraph (2)(A)--
(A) by amending clause (ii) to read as follows:
``(ii)(I) was or is employed in Afghanistan
on or after October 7, 2001, for not less than
1 year--
``(aa) by, or on behalf of, the
United States Government; or
``(bb) by the International
Security Assistance Force (or any
successor name for such Force) in a
capacity that required the alien--
``(AA) while traveling off-
base with United States
military personnel stationed at
the International Security
Assistance Force (or any
successor name for such Force),
to serve as an interpreter or
translator for such United
States military personnel; or
``(BB) to perform
activities for the United
States military personnel
stationed at International
Security Assistance Force (or
any successor name for such
Force); or
``(II) in the case of an alien who was
wounded or seriously injured in connection with
employment described in subclause (I), was
employed for any period until the date on which
such wound or injury occurred, if the wound or
injury prevented the alien from continuing such
employment;''; and
(B) in clause (iii), by striking ``clause (ii)''
and inserting ``clause (ii)(I)'';
(2) in paragraph (13)(A)(i), by striking ``subclause (I) or
(II)(bb) of paragraph (2)(A)(ii)'' and inserting ``item (aa) or
(bb)(BB) of paragraph (2)(A)(ii)(I)'';
(3) in paragraph (14)(C), by striking ``paragraph
(2)(A)(ii)'' and inserting ``paragraph (2)(A)(ii)(I)''; and
(4) in paragraph (15), by striking ``paragraph (2)(A)(ii)''
and inserting ``paragraph (2)(A)(ii)(I)''.
(c) Extension of Special Immigrant Visa Program Under Afghan Allies
Protection Act of 2009.--Section 602(b) of the Afghan Allies Protection
Act of 2009 (8 U.S.C. 1101 note; Public Law 111-8) is amended--
(1) in paragraph (3)(F)--
(A) in the subparagraph heading, by striking
``Fiscal years 2015 through 2022'' and inserting
``Fiscal years 2015 through 2029''; and
(B) in clause (i), by striking ``December 31,
2024'' and inserting ``December 31, 2029''; and
(C) in clause (ii), by striking ``December 31,
2024'' and inserting ``December 31, 2029''; and
(2) in paragraph (13), in the matter preceding subparagraph
(A), by striking ``January 31, 2024'' and inserting ``January
31, 2030''.
(d) Authorization of Virtual Interviews.--Section 602(b)(4) of the
Afghan Allies Protection Act of 2009 ( 8 U.S.C. 1101 note; Public Law
111-8;) is amended by adding at the end the following:
``(D) Virtual interviews.--Notwithstanding section
222(e) of the Immigration and Nationality Act (8 U.S.C.
1202(e)), an application for an immigrant visa under
this section may be signed by the applicant through a
virtual video meeting before a consular officer and
verified by the oath of the applicant administered by
the consular officer during a virtual video meeting.''.
(e) Quarterly Reports.--Paragraph (12) of section 602(b) of the
Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note; Public Law
111-8) is amended is amended to read as follows:
``(12) Quarterly reports.--
``(A) Report to congress.--Not later than 120 days
after the date of enactment of the Border Act and every
90 days thereafter, the Secretary of State and the
Secretary of Homeland Security, in consultation with
the Secretary of Defense, shall submit to the
appropriate committees of Congress a report that
includes the following:
``(i) For the preceding quarter--
``(I) a description of improvements
made to the processing of special
immigrant visas and refugee processing
for citizens and nationals of
Afghanistan;
``(II) the number of new Afghan
referrals to the United States Refugee
Admissions Program, disaggregated by
referring entity;
``(III) the number of interviews of
Afghans conducted by U.S. Citizenship
and Immigration Services, disaggregated
by the country in which such interviews
took place;
``(IV) the number of approvals and
the number of denials of refugee status
requests for Afghans;
``(V) the number of total
admissions to the United States of
Afghan refugees;
``(VI) number of such admissions,
disaggregated by whether the refugees
come from within, or outside of,
Afghanistan;
``(VII) the average processing time
for citizens and nationals of
Afghanistan who are applicants for
referral under section 314 of the
Border Act;
``(VIII) the number of such cases
processed within such average
processing time; and
``(IX) the number of denials issued
with respect to applications by
citizens and nationals of Afghanistan
for referrals under section 314 of the
Border Act.
``(ii) The number of applications by
citizens and nationals of Afghanistan for
refugee referrals pending as of the date of
submission of the report.
``(iii) A description of the efficiency
improvements made in the process by which
applications for special immigrant visas under
this subsection are processed, including
information described in clauses (iii) through
(viii) of paragraph (11)(B).
``(B) Form of report.--Each report required by
subparagraph (A) shall be submitted in unclassified
form but may contain a classified annex.
``(C) Public posting.--The Secretary of State shall
publish on the website of the Department of State the
unclassified portion of each report submitted under
subparagraph (A).''.
(f) General Provisions.--
(1) Prohibition on fees.--The Secretary, the Secretary of
Defense, or the Secretary of State may not charge any fee in
connection with an application for, or issuance of, a special
immigrant visa or special immigrant status under--
(A) section 602 of the Afghan Allies Protection Act
of 2009 (8 U.S.C. 1101 note; Public Law 111-8);
(B) section 1059 of the National Defense
Authorization Act for Fiscal Year 2006 (8 U.S.C. 1101
note; Public Law 109-163); or
(C) subparagraph (N) of section 101(a)(27) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(27)),
as added by subsection (a)(1).
(2) Defense personnel.--Any limitation in law with respect
to the number of personnel within the Office of the Secretary
of Defense, the military departments, or a Defense Agency (as
defined in section 101(a) of title 10, United States Code)
shall not apply to personnel employed for the primary purpose
of carrying out this section.
(3) Protection of aliens.--The Secretary of State, in
consultation with the head of any other appropriate Federal
agency, shall make a reasonable effort to provide an alien who
is seeking status as a special immigrant under subparagraph (N)
of section 101(a)(27) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(27)), as added by subsection (a)(1), protection
or to immediately remove such alien from Afghanistan, if
possible.
(4) Resettlement support.--A citizen or national of
Afghanistan who is admitted to the United States under this
section or an amendment made by this section shall be eligible
for resettlement assistance, entitlement programs, and other
benefits available to refugees admitted under section 207 of
the Immigration and Nationality Act (8 U.S.C. 1157) to the same
extent, and for the same periods of time, as such refugees.
SEC. 317. SUPPORT FOR ALLIES SEEKING RESETTLEMENT IN THE UNITED STATES.
Notwithstanding any other provision of law, during the period
beginning on the date of the enactment of this Act and ending on the
date that is 10 years thereafter, the Secretary and the Secretary of
State may waive any fee or surcharge or exempt individuals from the
payment of any fee or surcharge collected by the Department of Homeland
Security and the Department of State, respectively, in connection with
a petition or application for, or issuance of, an immigrant visa to a
national of Afghanistan under section 201(b)(2)(A)(i) or 203(a) of the
Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i) and
1153(a)), respectively.
SEC. 318. REPORTING.
(a) Quarterly Reports.--Beginning on January 1, 2028, not less
frequently than quarterly, the Secretary shall submit to the Committee
on the Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives a report that includes, for the preceding
quarter--
(1) the number of individuals granted conditional permanent
resident status under section 313, disaggregated by the number
of such individuals for whom conditions have been removed;
(2) the number of individuals granted conditional permanent
resident status under section 313 who have been determined to
be ineligible for removal of conditions (and the reasons for
such determination); and
(3) the number of individuals granted conditional permanent
resident status under section 313 for whom no such
determination has been made (and the reasons for the lack of
such determination).
(b) Annual Reports.--Not less frequently than annually, the
Secretary, in consultation with the Attorney General, shall submit to
the appropriate committees of Congress a report that includes for the
preceding year, with respect to individuals granted conditional
permanent resident status under section 313--
(1) the number of such individuals who are placed in
removal proceedings under section 240 of the Immigration and
Nationality Act (8 U.S.C. 1229a) charged with a ground of
deportability under subsection (a)(2) of section 237 of that
Act (8 U.S.C. 1227), disaggregated by each applicable ground
under that subsection;
(2) the number of such individuals who are placed in
removal proceedings under section 240 of the Immigration and
Nationality Act (8 U.S.C. 1229a) charged with a ground of
deportability under subsection (a)(3) of section 237 of that
Act (8 U.S.C. 1227), disaggregated by each applicable ground
under that subsection;
(3) the number of final orders of removal issued pursuant
to proceedings described in paragraphs (1) and (2),
disaggregated by each applicable ground of deportability;
(4) the number of such individuals for whom such
proceedings are pending, disaggregated by each applicable
ground of deportability; and
(5) a review of the available options for removal from the
United States, including any changes in the feasibility of such
options during the preceding year.
TITLE IV--PROMOTING LEGAL IMMIGRATION
SEC. 401. EMPLOYMENT AUTHORIZATION FOR FIANCES, FIANCEES, SPOUSES, AND
CHILDREN OF UNITED STATES CITIZENS AND SPECIALTY WORKERS.
Section 214(c) of the Immigration and Nationality Act (8 U.S.C.
1184(c)) is amended by adding at the end the following:
``(15) The Secretary of Homeland Security shall authorize an alien
fiance, fiancee, or spouse admitted pursuant to clause (i) or (ii) of
section 101(a)(15)(K), or any child admitted pursuant to section
101(a)(15)(K)(iii) to engage in employment in the United States
incident to such status and shall provide the alien with an `employment
authorized' endorsement during the period of authorized admission.
``(16) Upon the receipt of a completed petition described in
subparagraph (E) or (F) of section 204(a)(1) for a principal alien who
has been admitted pursuant to section 101(a)(15)(H)(i)(b), the
Secretary of Homeland Security shall authorize the alien spouse or
child of such principal alien who has been admitted under section
101(a)(15)(H) to accompany or follow to join a principal alien admitted
under such section, to engage in employment in the United States
incident to such status and shall provide the alien with an `employment
authorized' endorsement during the period of authorized admission.''.
SEC. 402. ADDITIONAL VISAS.
Section 201 of the Immigration and Nationality Act (8 U.S.C. 1151)
is amended--
(1) in subsection (c)--
(A) by adding at the end the following:
``(6)(A) For fiscal years 2025, 2026, 2027, 2028, and 2029--
``(i) 512,000 shall be substituted for 480,000 in paragraph
(1)(A)(i); and
``(ii) 258,000 shall be substituted for 226,000 in
paragraph (1)(B)(i)(i) of that paragraph.
``(B) The additional visas authorized under subparagraph (A)--
``(i) shall be issued each fiscal year;
``(ii) shall remain available in any fiscal year until
issued; and
``(iii) shall be allocated in accordance with this section
and sections 202 and 203.''; and
(2) in subsection (d), by adding at the end the following:
``(3)(A) For fiscal years 2025, 2026, 2027, 2028, and 2029, 158,000
shall be substituted for 140,000 in paragraph (1)(A).
``(B) The additional visas authorized under subparagraph (A)--
``(i) shall be issued each fiscal year;
``(ii) shall remain available in any fiscal year until
issued; and
``(iii) shall be allocated in accordance with this section
and sections 202 and 203.''.
SEC. 403. CHILDREN OF LONG-TERM VISA HOLDERS.
(a) Maintaining Family Unity for Children of Long-term H-1B
Nonimmigrants Affected by Delays in Visa Availability.--Section 203(h)
of the Immigration and Nationality Act (8 U.S.C. 1153(h)) is amended by
adding at the end the following:
``(6) Child status determination for certain dependent
children of h-1b nonimmigrants.--
``(A) Determinative factors.--For purposes of
subsection (d), the determination of whether an alien
described in subparagraph (B) satisfies the age and
marital status requirements set forth in section
101(b)(1) shall be made using the alien's age and
marital status on the date on which an initial petition
as a nonimmigrant described in section
101(a)(15)(H)(i)(b) was filed on behalf of the alien's
parent, if such petition was approved.
``(B) Alien described.--An alien is described in
this subparagraph if such alien--
``(i) maintained, for an aggregate period
of at least 8 years before reaching 21 years of
age, the status of a dependent child of a
nonimmigrant described in section
101(a)(15)(H)(i)(b) pursuant to a lawful
admission; and
``(ii)(I) sought to acquire the status of
an alien lawfully admitted for permanent
residence during the 2-year period beginning on
the date on which an immigrant visa became
available to such alien; or
``(II) demonstrates, by clear and
convincing evidence, that the alien's failure
to seek such status during such 2-year period
was due to extraordinary circumstances.''.
(b) Nonimmigrant Dependent Children of H-1b Nonimmigrants.--Section
214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended
by adding at the end the following:
``(s) Child Derivative Beneficiaries of H-1b Nonimmigrants.--
``(1) Age determination.--In the case of an alien who
maintained, for an aggregate period of at least 8 years before
reaching 21 years of age, the status of a dependent child of a
nonimmigrant described in section 101(a)(15)(H)(i)(b) pursuant
to a lawful admission, such alien's age shall be determined
based on the date on which an initial petition for
classification under such section was filed on behalf of the
alien's parent, if such petition is approved.
``(2) Long-term dependents.--Notwithstanding the alien's
actual age or marital status, an alien who is determined to be
a child under paragraph (1) and is otherwise eligible may
change status to, or extend status as, a dependent child of a
nonimmigrant described in section 101(a)(15)(H)(i)(b) if the
alien's parent--
``(A) maintains lawful status under such section;
``(B) has an employment-based immigrant visa
petition that has been approved pursuant to section
203(b); and
``(C) has not yet had an opportunity to seek an
immigrant visa or adjust status under section 245.
``(3) Employment authorization.--An alien who is determined
to be a child under paragraph (1) is authorized to engage in
employment in the United States incident to the status of his
or her nonimmigrant parent.
``(4) Surviving relative consideration.--Notwithstanding
the death of the qualifying relative, an alien who is
determined to be a child under paragraph (1) is authorized to
extend status as a dependent child of a nonimmigrant described
in section 101(a)(15)(H)(i)(b).''.
(c) Motion to Reopen or Reconsider.--
(1) In general.--A motion to reopen or reconsider the
denial of a petition under section 204 of the Immigration and
Nationality Act (8 U.S.C. 1154) and a subsequent application
for an immigrant visa or adjustment of status under section 245
of the Immigration and Nationality Act (8 U.S.C. 1255), may be
granted if--
(A) such petition or application would have been
approved if--
(i) section 203(h)(6) of the Immigration
and Nationality Act, as added by subsection
(a), had been in effect when the petition or
application was adjudicated; and
(ii) the person concerned remains eligible
for the requested benefit;
(B) the individual seeking relief pursuant to such
motion was in the United States at the time the
underlying petition or application was filed; and
(C) such motion is filed with the Secretary or the
Attorney General not later than the date that is 2
years after the date of the enactment of this Act.
(2) Protection from removal.--Notwithstanding any other
provision of the law, the Attorney General and the Secretary--
(A) may not initiate removal proceedings against or
remove any alien who has a pending nonfrivolous motion
under paragraph (1) or is seeking to file such a motion
unless--
(i) the alien is a danger to the community
or a national security risk; or
(ii) initiating a removal proceeding with
respect to such alien is in the public
interest; and
(B) shall provide aliens with a reasonable
opportunity to file such a motion.
(3) Employment authorization.--An alien with a pending,
nonfrivolous motion under this subsection shall be authorized
to engage in employment through the date on which a final
administrative decision regarding such motion has been made.
SEC. 404. MILITARY NATURALIZATION MODERNIZATION.
(a) In General.--Chapter 2 of title III of the Immigration and
Nationality Act (8 U.S.C. 1421 et seq.) is amended--
(1) by striking section 328 (8 U.S.C. 1439); and
(2) in section 329 (8 U.S.C. 1440)--
(A) by amending the section heading to read as
follows: ``naturalization through service in the
selected reserve or in active-duty status.--'';
(B) in subsection (a)--
(i) in the matter preceding paragraph (1),
by striking ``during either'' and all that
follows through ``foreign force'';
(ii) in paragraph (1)--
(I) by striking ``America Samoa, or
Swains Island'' and inserting
``American Samoa, Swains Island, or any
of the freely associated States (as
defined in section 611(b)(1)(C) of the
Individuals with Disabilities Education
Act (20 U.S.C. 1411(b)(1)(C)),''; and
(II) by striking ``he'' and
inserting ``such person''; and
(iii) in paragraph (2), by striking ``in an
active-duty status, and whether separation from
such service was under honorable conditions''
and inserting ``in accordance with subsection
(b)(3)''; and
(C) in subsection (b)--
(i) in paragraph (1), by striking ``he''
and inserting ``such person''; and
(ii) in paragraph (3), by striking ``an
active-duty status'' and all that follows
through ``foreign force, and'' and inserting
``in an active status (as defined in section
101(d) of title 10, United States Code), in the
Selected Reserve of the Ready Reserve, or on
active duty (as defined in such section) and,
if separated''.
(b) Clerical Amendment.--The table of contents for the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.) is amended by striking the
items relating to sections 328 and 329 and inserting the following:
``Sec. 329. Naturalization through service in the Selected Reserve or
in active-duty status.''.
SEC. 405. TEMPORARY FAMILY VISITS.
(a) Establishment of New Nonimmigrant Visa Subcategory.--Section
101(a)(15)(B) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(B)) is amended by striking ``temporarily for business or
temporarily for pleasure;'' and inserting ``temporarily for--
``(i) business;
``(ii) pleasure; or
``(iii) family purposes;''.
(b) Requirements Applicable to Family Purposes Visas.--Section 214
of the Immigration and Nationality Act (8 U.S.C. 1184), as amended by
section 403(b), is further amended by adding at the end the following:
``(t) Requirements Applicable to Family Purposes Visas.--
``(1) Defined term.--In this subsection and in section
101(a)(15)(B)(iii), the term `family purposes' means any visit
by a relative for a social, occasional, major life, or
religious event, or for any other purpose.
``(2) Family purposes visa.--Except as provided in
paragraph (3), family travel for pleasure is authorized
pursuant to the policies, terms, and conditions in effect on
the day before the date of the enactment of the Border Act.
``(3) Special rules for family purposes visas for aliens
awaiting immigrant visas.--
``(A) Notification of approved petition.--A visa
may not be issued to a relative under section
101(a)(15)(B)(iii) until after the consular officer is
notified that the Secretary of Homeland Security has
approved a petition filed in the United States by a
family member of the relative who is a United States
citizen or lawful permanent resident.
``(B) Petition.--A petition referred to in
subparagraph (A) shall--
``(i) be in such form and contain such
information as the Secretary may prescribe by
regulation; and
``(ii) shall include--
``(I) a declaration of financial
support, affirming that the petitioner
will provide financial support to the
relative for the duration of his or her
temporary stay in the United States;
``(II) evidence that the relative
has--
``(aa) obtained, for the
duration of his or her stay in
the United States, a short-term
travel medical insurance
policy; or
``(bb) an existing health
insurance policy that provides
coverage for international
medical expenses; and
``(III) a declaration from the
relative, under penalty of perjury,
affirming the relative's--
``(aa) intent to depart the
United States at the conclusion
of the relative's period of
authorized admission; and
``(bb) awareness of the
penalties for overstaying such
period of authorized admission.
``(4) Petitioner eligibility.--
``(A) In general.--Absent extraordinary
circumstances, an individual may not petition for the
admission of a relative as a nonimmigrant described in
section 101(a)(15)(B)(iii) if such individual
previously petitioned for the admission of such a
relative who--
``(i) was admitted to the United States
pursuant to a visa issued under such section as
a result of such petition; and
``(ii) overstayed his or her period of
authorized admission.
``(B) Previous petitioners.--
``(i) In general.--An individual filing a
declaration of financial support on behalf of a
relative seeking admission as a nonimmigrant
described in section 101(a)(15)(B)(iii) who has
previously provided a declaration of financial
support for such a relative shall--
``(I) certify to the Secretary of
Homeland Security that the relative
whose admission the individual
previously supported did not overstay
his or her period of authorized
admission; or
``(II) explain why the relative's
overstay was due to extraordinary
circumstances beyond the control of the
relative.
``(ii) Criminal penalty for false
statement.--A certification under clause (i)(I)
shall be subject to the requirements under
section 1001 of title 18, United States Code.
``(C) Waiver.--The Secretary of Homeland Security
may waive the application of section 212(a)(9)(B) in
the case of a nonimmigrant described in section
101(a)(15)(B)(iii) who overstayed his or her period of
authorized admission due to extraordinary circumstances
beyond the control of the nonimmigrant.''.
(c) Restriction on Change of Status.--Section 248(a)(1) of the
Immigration and Nationality Act (8 U.S.C. 1258(a)(1)) is amended by
inserting ``(B)(iii),'' after ``subparagraph''.
(d) Family Purpose Visa Eligibility While Awaiting Immigrant
Visa.--
(1) In general.--Notwithstanding section 214(b) of the
Immigration and Nationality Act (8 U.S.C. 1184(b)), a
nonimmigrant described in section 101(a)(15)(B)(iii) of such
Act, as added by subsection (a), who has been classified as an
immigrant under section 201 of such Act (8 U.S.C. 1151) and is
awaiting the availability of an immigrant visa subject to the
numerical limitations under section 203 of such Act (8 U.S.C.
1153) may be admitted pursuant to a family purposes visa, in
accordance with section 214(t) of such Act, as added by
subsection (b), if the individual is otherwise eligible for
admission.
(2) Limitation.--An alien admitted under section
101(a)(15)(B)(iii) of the Immigration and Nationality Act,
pursuant to section 214(t)(3) of such Act, as added by
subsection (b), may not be considered to have been admitted to
the United States for purposes of section 245(a) of such Act (8
U.S.C. 1255(a)).
(e) Rule of Construction.--Nothing in this section, or in the
amendments made by this section, may be construed as--
(1) limiting the authority of immigration officers to
refuse to admit to the United States an applicant under section
101(a)(15)(B)(iii) of the Immigration and Nationality Act, as
added by subsection (a), who fails to meet 1 or more of the
criteria under section 214(t) of such Act, as added by
subsection (b), or who is inadmissible under section 212(a) of
such Act (8 U.S.C. 1182(a)); or
(2) precluding the use of section 101(a)(15)(B)(ii) of the
Immigration and Nationality Act, as added by subsection (a),
for family travel for pleasure in accordance with the policies
and procedures in effect on the day before the date of the
enactment of this Act.
TITLE V--SELF-SUFFICIENCY AND DUE PROCESS
Subtitle A--Work Authorizations
SEC. 501. WORK AUTHORIZATION.
Section 208(d)(2) of the Immigration and Nationality Act (8 U.S.C.
1158(d)(2)) is amended to read as follows:
``(2) Employment eligibility.--Except as provided in
section 235C--
``(A) an applicant for asylum is not entitled to
employment authorization, but such authorization may be
provided by the Secretary of Homeland Security by
regulation; and
``(B) an applicant who is not otherwise eligible
for employment authorization may not be granted
employment authorization under this section before the
date that is 180 days after the date on which the
applicant files an application for asylum.''.
SEC. 502. EMPLOYMENT ELIGIBILITY.
(a) In General.--Chapter 4 of title II of the Immigration and
Nationality Act (8 U.S.C. 1221 et seq.), as amended by section 141(a),
is further amended by adding at the end the following:
``SEC. 235C. EMPLOYMENT ELIGIBILITY.
``(a) Expedited Employment Eligibility.--
``(1) In general.--The Secretary of Homeland Security shall
authorize employment for any alien who--
``(A)(i) is processed under the procedures
described in section 235(b)(1) and receives a positive
protection determination pursuant to such procedures;
or
``(ii)(I) is processed under the procedures
described in section 235B; and
``(II)(aa) receives a positive protection
determination and is subsequently referred under
section 235B(c)(2)(B)(i) for a protection merits
interview; or
``(bb) is referred under section 235B(f)(1) for a
protection merits interview; and
``(B) is released from the physical custody of the
Secretary of Homeland Security.
``(2) Application.--The Secretary of Homeland Security
shall grant employment authorization to--
``(A) an alien described in paragraph (1)(A)(i)
immediately upon such alien's release from physical
custody;
``(B) an alien described in paragraph
(1)(A)(ii)(II)(aa) at the time such alien receives a
positive protection determination or is referred for a
protection merits interview; and
``(C) an alien described in paragraph
(1)(A)(ii)(II)(bb) on the date that is 30 days after
the date on which such alien files an application
pursuant to section 235B(f).
``(b) Term.--Employment authorization under this section--
``(1) shall be for an initial period of 2 years; and
``(2) shall be renewable, as applicable--
``(A) for additional 2-year periods while the alien
is in protection merits removal proceedings, including
while the outcome of the protection merits interview is
under administrative or judicial review; or
``(B) until the date on which--
``(i) the alien receives a negative
protection merits determination; or
``(ii) the alien otherwise receives
employment authorization under any other
provision of this Act.
``(c) Rules of Construction.--
``(1) Detention.--Nothing in this section may be construed
to expand or restrict the authority of the Secretary of
Homeland Security to detain or release from detention an alien,
if such detention or release from detention is authorized by
law.
``(2) Limitation on authority.--The Secretary of Homeland
Security may not authorize for employment in the United States
an alien being processed under section 235(b)(1) or 235B in any
circumstance not explicitly described in this section.''.
(b) Conforming Amendment.--The table of contents for the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by
inserting after the item relating to section 235B, as added by section
141(b), the following:
``Sec. 235C. Employment eligibility.''.
Subtitle B--Protecting Due Process
SEC. 511. ACCESS TO COUNSEL.
(a) In General.--Section 235(b)(1)(B)(iv) of the Immigration and
Nationality Act (8 U.S.C. 1225(b)(1)(B)(iv)) is amended to read as
follows:
``(iv) Information about protection
determinations.--
``(I) In general.--The Secretary of
Homeland Security shall provide an
alien with information in plain
language regarding protection
determinations conducted under this
section, including the information
described in subclause (II)--
``(aa) at the time of the
initial processing of the
alien; and
``(bb) to the maximum
extent practicable, in the
alien's native language or in a
language the alien understands.
``(II) Information described.--The
information described in this subclause
is information relating to--
``(aa) the rights and
obligations of the alien during
a protection determination;
``(bb) the process by which
a protection determination is
conducted;
``(cc) the procedures to be
followed by the alien in a
protection determination; and
``(dd) the possible
consequences of--
``(AA) not
complying with the
obligations referred to
in item (aa); and
``(BB) not
cooperating with
Federal authorities.
``(III) Accessibility.--An alien
who has a limitation that renders the
alien unable to read written materials
provided under subclause (I) shall
receive an interpretation of such
materials in the alien's native
language, to the maximum extent
practicable, or in a language and
format the alien understands.
``(IV) Timing of protection
determination.--
``(aa) In general.--The
protection determination of an
alien shall not occur earlier
than 72 hours after the
provision of the information
described in subclauses (I) and
(II).
``(bb) Waiver.--An alien
may--
``(AA) waive the
72-hour requirement
under item (aa) only if
the alien knowingly and
voluntarily does so,
only in a written
format or in an
alternative record if
the alien is unable to
write, and only after
the alien receives the
information required to
be provided under
subclause (I); and
``(BB) consult with
an individual of the
alien's choosing in
accordance with
subclause (V) before
waiving such
requirement.
``(V) Consultation.--
``(aa) In general.--An
alien who is eligible for a
protection determination may
consult with one or more
individuals of the alien's
choosing before the screening
or interview, or any review of
such a screening or interview,
in accordance with regulations
prescribed by the Secretary of
Homeland Security.
``(bb) Limitation.--
Consultation described in item
(aa) shall be at no expense to
the Federal Government.
``(cc) Participation in
interview.--An individual
chosen by the alien may
participate in the protection
determination of the alien
conducted under this
subparagraph.
``(dd) Access.--The
Secretary of Homeland Security
shall ensure that a detained
alien has effective access to
the individuals chosen by the
alien, which may include
physical access, telephonic
access, and access by
electronic communication.
``(ee) Inclusions.--
Consultations under this
subclause may include--
``(AA) consultation
with an individual
authorized by the
Department of Justice
through the Recognition
and Accreditation
Program; and
``(BB) consultation
with an attorney
licensed under
applicable law.
``(ff) Rules of
construction.--Nothing in this
subclause may be construed--
``(AA) to require
the Federal Government
to pay for any
consultation authorized
under item (aa);
``(BB) to
invalidate or limit the
remedies, rights, and
procedures of any
Federal law that
provides protection for
the rights of
individuals with
disabilities; or
``(CC) to
contravene or limit the
obligations under the
Vienna Convention on
Consular Relations done
at Vienna April 24,
1963.''.
(b) Conforming Amendment.--Section 238(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1228(a)(2)) is amended by striking ``make
reasonable efforts to ensure that the alien's access to counsel'' and
inserting ``ensure that the alien's access to counsel, pursuant to
section 235(b)(1)(B)(iv),''.
SEC. 512. COUNSEL FOR CERTAIN UNACCOMPANIED ALIEN CHILDREN.
Section 235(c)(5) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(5)) is amended
to read as follows:
``(5) Access to counsel.--
``(A) In general.--Except as provided in
subparagraph (B), the Secretary of Health and Human
Services shall ensure, to the greatest extent
practicable and consistent with section 292 of the
Immigration and Nationality Act (8 U.S.C. 1362), that
all unaccompanied alien children who are or have been
in the custody of the Secretary of Health and Human
Services or the Secretary of Homeland Security, and who
are not described in subsection (a)(2)(A), have counsel
to represent them in legal proceedings or matters and
protect them from mistreatment, exploitation, and
trafficking. To the greatest extent practicable, the
Secretary of Health and Human Services shall make every
effort to utilize the services of pro bono counsel who
agree to provide representation to such children
without charge.
``(B) Exception for certain children.--
``(i) In general.--An unaccompanied alien
child who at 13 years of age or younger is
referred to Health and Human Services or placed
in removal proceedings pursuant to section 240
of the Immigration and Nationality Act (8
U.S.C. 1229a), shall be represented by counsel
subject to clause (v).
``(ii) Age determinations.--The Secretary
of Health and Human Services shall ensure that
age determinations of unaccompanied alien
children are conducted in accordance with the
procedures developed pursuant to subsection
(b)(4).
``(iii) Appeals.--The rights and privileges
under this subparagraph--
``(I) shall not attach to--
``(aa) an unaccompanied
alien child after the date on
which--
``(AA) the removal
proceedings of the
child under section 240
of the Immigration and
Nationality Act (8
U.S.C. 1229a)
terminate, without an
application for relief
pending;
``(BB) an order of
removal with respect to
the child becomes
final; or
``(CC) an
immigration benefit is
granted to the child;
or
``(bb) an appeal to a
district court or court of
appeals of the United States,
unless certified by the
Secretary as a case of
extraordinary importance; and
``(II) shall attach to
administrative reviews and appeals.
``(iv) Implementation.--Not later than 90
days after the date of the enactment of the
Border Act, the Secretary of Health and Human
Services shall implement this subparagraph.
``(v) Remedies.--
``(I) In general.--For the
population described in clause (i) of
this subparagraph and subsection (b)(1)
of section 292 of the Immigration and
Nationality Act (8 U.S.C. 1362),
declaratory judgment that the
unaccompanied alien child has a right
to be referred to counsel, including
pro-bono counsel, or a continuance of
immigration proceedings, shall be the
exclusive remedies available, other
than for those funds subject to
appropriations.
``(II) Settlements.--Any settlement
under this subparagraph shall be
subject to appropriations.''.
SEC. 513. COUNSEL FOR CERTAIN INCOMPETENT INDIVIDUALS.
Section 240 of the Immigration and Nationality Act (8 U.S.C.
1158(a)) is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
``(e) Representation for Certain Incompetent Aliens.--
``(1) In general.--The immigration judge is authorized to
appoint legal counsel or a certified representative accredited
through the Department of Justice to represent an alien in
removal proceedings if--
``(A) pro bono counsel is not available; and
``(B) the alien--
``(i) is unrepresented;
``(ii) was found by an immigration judge to
be incompetent to represent themselves; and
``(iii) has been placed in or referred to
removal proceedings pursuant to this section.
``(2) Determination on competence.--
``(A) Presumption of competence.--An alien is
presumed to be competent to participate in removal
proceedings and has the duty to raise the issue of
competency. If there are no indicia of incompetency in
an alien's case, no further inquiry regarding
competency is required.
``(B) Decision of the immigration judge.--
``(i) In general.--If there are indicia of
incompetency, the immigration judge shall
consider whether there is good cause to believe
that the alien lacks sufficient competency to
proceed without additional safeguards.
``(ii) Incompetency test.--The test for
determining whether an alien is incompetent to
participate in immigration proceedings, is not
malingering, and consequently lacks sufficient
capacity to proceed, is whether the alien, not
solely on account of illiteracy or language
barriers--
``(I) lacks a rational and factual
understanding of the nature and object
of the proceedings;
``(II) cannot consult with an
available attorney or representative;
and
``(III) does not have a reasonable
opportunity to examine and present
evidence and cross-examine witnesses.
``(iii) No appeal.--A decision of an
immigration judge under this subparagraph may
not be appealed administratively and is not
subject to judicial review.
``(C) Effect of finding of incompetence.--A finding
by an immigration judge that an alien is incompetent to
represent himself or herself in removal proceedings
shall not prejudice the outcome of any proceeding under
this section or any finding by the immigration judge
with respect to whether the alien is inadmissible under
section 212 or removable under section 237.
``(3) Quarterly report.--Not later than 90 days after the
effective date of a final rule implementing this subsection,
and quarterly thereafter, the Director of the Executive Office
for Immigration Review shall submit to the appropriate
committees of Congress a report that includes--
``(A)(i) the number of aliens in proceedings under
this section who claimed during the reporting period to
be incompetent to represent themselves, disaggregated
by immigration court and immigration judge; and
``(ii) a description of each reason given for such
claims, such as mental disease or mental defect; and
``(B)(i) the number of aliens in proceedings under
this section found during the reporting period by an
immigration judge to be incompetent to represent
themselves, disaggregated by immigration court and
immigration judge; and
``(ii) a description of each reason upon which such
findings were based, such as mental disease or mental
defect.
``(4) Rule of construction.--Nothing in this subsection may
be construed--
``(A) to require the Secretary of Homeland Security
or the Attorney General to analyze whether an alien is
incompetent to represent themselves, absent an indicia
of incompetency;
``(B) to establish a substantive due process right;
``(C) to automatically equate a diagnosis of a
mental illness to a lack of competency;
``(D) to limit the ability of the Attorney General
or the immigration judge to prescribe safeguards to
protect the rights and privileges of the alien;
``(E) to limit any authorized representation
program by a State, local, or Tribal government;
``(F) to provide any statutory right to
representation in any proceeding authorized under this
Act, unless such right is already authorized by law; or
``(G) to interfere with, create, or expand any
right or responsibility established through a court
order or settlement agreement in effect before the date
of the enactment of the Border Act.
``(5) Rulemaking.--The Attorney General is authorized to
prescribe regulations to carry out this subsection.''.
SEC. 514. CONFORMING AMENDMENT.
Section 292 of the Immigration and Nationality Act (8 U.S.C. 1362)
is amended to read as follows:
``SEC. 292. RIGHT TO COUNSEL.
``(a) In General.--In any removal proceeding before an immigration
judge and in any appeal proceeding before the Attorney General from an
order issued through such removal proceeding, the person concerned
shall have the privilege of being represented (at no expense to the
Federal Government) by any counsel who is authorized to practice in
such proceedings.
``(b) Exceptions for Certain Populations.--The Federal Government
is authorized to provide counsel, at its own expense, in proceedings
described in subsection (a) for--
``(1) unaccompanied alien children described in paragraph
(5) of section 235(c) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (8 U.S.C.
1232(c)); and
``(2) subject to appropriations, certain incompetent aliens
described in section 240(e).''.
TITLE VI--ACCOUNTABILITY AND METRICS
SEC. 601. EMPLOYMENT AUTHORIZATION COMPLIANCE.
Not later than 1 year and 180 days after the date of the enactment
of this Act, and annually thereafter, the Secretary shall submit a
report to the appropriate committees of Congress and to the public that
describes the actions taken by Secretary pursuant to section 235C of
the Immigration and Nationality Act, as added by section 502,
including--
(1) the number of employment authorization applications
granted or denied pursuant to subsection (a)(1) of such section
235C, disaggregated by whether the alien concerned was
processed under the procedures described in section 235(b)(1)
or 235B of such Act;
(2) the ability of the Secretary to comply with the
timelines for provision of work authorization prescribed in
subparagraphs (A) through (C) of section 235C(a)(2) of such
Act, including whether complying with subparagraphs (A) and (B)
of such section 235C(a)(2) has caused delays in the processing
of such aliens;
(3) the number of employment authorizations revoked due to
an alien's failure to comply with the requirements under
section 235B(f)(5)(B) of the Immigration and Nationality Act,
as added by section 141, or for any other reason, along with
the articulated basis; and
(4) the average time for the revocation of an employment
authorization if an alien is authorized to work under section
235C of the Immigration and Nationality Act and is subsequently
ordered removed.
SEC. 602. LEGAL ACCESS IN CUSTODIAL SETTINGS.
Not later than 180 days after the date of the enactment of this
Act, and annually thereafter, the Secretary shall submit a report to
the appropriate committees of Congress and to the public regarding
alien access to legal representation and consultation in custodial
settings, including--
(1) the total number of aliens who secured or failed to
secure legal representation pursuant to section
235(b)(1)(B)(iv)(V) of the Immigration and Nationality Act, as
added by section 511, before the protection determination under
section 235(b)(1)(B)(i) of such Act, including the disposition
of such alien's interview;
(2) the total number of aliens who waived the 72-hour
period pursuant to section 235(b)(1)(B)(iv)(IV)(bb) of such
Act, including the disposition of the alien's protection
determination pursuant to section 235(b)(1)(B)(i) of such Act;
(3) the total number of aliens who required a verbal
interpretation of the information about screenings and
interviews pursuant to section 235(b)(1)(B)(iv) of such Act,
disaggregated by the number of aliens who received or did not
receive such an interpretation, respectively, pursuant to
section 235(b)(1)(B)(iv)(III) of such Act, including the
disposition of their respective protection determinations
pursuant to section 235(b)(1)(B)(i) of such Act;
(4) the total number of aliens who received information,
either verbally or in writing, in their native language; and
(5) whether such policies and procedures with respect to
access provided in section 235(b)(1)(B)(iv) have been made
available publicly.
SEC. 603. CREDIBLE FEAR AND PROTECTION DETERMINATIONS.
Not later than 1 year and 60 days after the date of the enactment
of this Act, and annually thereafter, the Director of U.S. Citizenship
and Immigration Services shall submit a report to the appropriate
committees of Congress and to the public that sets forth--
(1) the number of aliens who requested or received a
protection determination pursuant to section 235(b)(1)(B) of
the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(B));
(2) the number of aliens who requested or received a
protection determination pursuant to section 235B(b) of such
Act, as added by section 141;
(3) the number of aliens described in paragraphs (1) and
(2) who are subject to an asylum exception under section
235(b)(1)(B)(vi) of such Act, disaggregated by specific asylum
exception;
(4) the number of aliens for whom an asylum officer
determined that an alien may be eligible for a waiver under
section 235(b)(1)(B)(vi) of such Act and did not apply such
asylum exception to such alien;
(5) the number of aliens described in paragraph (1) or (2)
who--
(A) received a positive screening or determination;
or
(B) received a negative screening or determination;
(6) the number of aliens described in paragraph (5)(B) who
requested reconsideration or appeal of a negative screening and
the disposition of such requests;
(7) the number of aliens described in paragraph (6) who,
upon reconsideration--
(A) received a positive screening or determination,
as applicable; or
(B) received a negative screening or determination,
as applicable;
(8) the number of aliens described in paragraph (5)(B) who
appealed a decision subsequent to a request for
reconsideration;
(9) the number of aliens described in paragraph (5)(B) who,
upon appeal of a decision, disaggregated by whether or not such
alien requested reconsideration of a negative screening--
(A) received a positive screening or determination,
as applicable; or
(B) received negative screening or determination,
as applicable; and
(10) the number of aliens who withdraw their application
for admission, including--
(A) whether such alien could read or write;
(B) whether the withdrawal occurred in the alien's
native language;
(C) the age of such alien; and
(D) the Federal agency or component that processed
such withdrawal.
SEC. 604. PUBLICATION OF OPERATIONAL STATISTICS BY U.S. CUSTOMS AND
BORDER PROTECTION.
(a) In General.--Beginning in the second calendar month beginning
after the date of the enactment of this Act, the Commissioner for U.S.
Customs and Border Protection shall publish, not later than the seventh
day of each month, on a publicly available website of the Department,
information from the previous month relating to--
(1) the number of alien encounters, disaggregated by--
(A) whether such aliens are admissible or
inadmissible, including the basis for such
determinations;
(B) the U.S. Border Patrol sector and U.S. Customs
and Border Protection field office that recorded the
encounter;
(C) any outcomes recorded in the terrorist
screening database (as such term is defined in section
2101 of the Homeland Security Act of 2002 (6 U.S.C.
621)), including--
(i) whether the alien is found to be
inadmissible or removeable due to a specific
ground relating to terrorism;
(ii) the alien's country of nationality,
race or ethnic identification, and age; and
(iii) whether the alien's alleged terrorism
is related to domestic or international actors,
if available;
(D) aliens with active Federal or State warrants
for arrest in the United States and the nature of the
crimes justifying such warrants;
(E) the nationality of the alien;
(F) whether the alien encountered is a single
adult, an individual in a family unit, an unaccompanied
child, or an accompanied child;
(G) the average time the alien remained in custody,
disaggregated by demographic information;
(H) the processing disposition of each alien
described in this paragraph upon such alien's release
from the custody of U.S. Customs and Border Protection,
disaggregated by nationality;
(I) the number of aliens who are paroled pursuant
to section 212(d)(5) of the Immigration and Nationality
Act (8 U.S.C. 1182(d)(5)), disaggregated by geographic
region or sector;
(J) the recidivism rate of aliens described in this
paragraph, including the definition of ``recidivism''
and notice of any changes to such definition; and
(K) aliens who have a confirmed gang affiliation,
including--
(i) whether such alien was determined to be
inadmissible or removable due to such
affiliation;
(ii) the specific gang affiliation alleged;
(iii) the basis of such allegation; and
(iv) the Federal agency or component that
made such allegation or determination;
(2) seizures, disaggregated by the U.S. Border Patrol
sector and U.S. Customs and Border Protection field office that
recorded the encounter, of--
(A) narcotics;
(B) firearms, whether inbound or outbound,
including whether such firearms were manufactured in
the United States, if known;
(C) monetary instruments, whether inbound and
outbound; and
(D) other specifically identified contraband;
(3) with respect to border emergency authority described in
section 244A of the Immigration and Nationality Act, as added
by section 301--
(A) the number of days such authority was in
effect;
(B) the number of encounters (as defined in section
244A(i)(3)) of such Act, disaggregated by U.S. Border
Patrol sector and U.S. Customs and Border Patrol field
office;
(C) the number of summary removals made under such
authority;
(D) the number of aliens who manifested a fear of
persecution or torture and were screened for
withholding of removal or for protection under the
Convention Against Torture, and the disposition of each
such screening, including the processing disposition or
outcome;
(E) the number of aliens who were screened at a
port of entry in a safe and orderly manner each day
such authority was in effect, including the processing
disposition or outcome;
(F) whether such authority was exercised under
subparagraph (A), (B)(i), or (B)(ii) of section
244A(b)(3) of such Act;
(G) a public description of all the methods by
which the Secretary determines if an alien may be
screened in a safe and orderly manner;
(H) the total number of languages that are
available for such safe and orderly process;
(I) the number of aliens who were returned to a
country that is not their country of nationality;
(J) the number of aliens who were returned to any
country without a humanitarian or protection
determination during the use of such authority;
(K) the number of United States citizens who were
inadvertently detained, removed, or affected by such
border emergency authority;
(L) the number of individuals who have lawful
permission to enter the United States and were
inadvertently detained, removed, or affected by such
border emergency authority;
(M) a summary of the impact to lawful trade and
travel during the use of such border emergency
authority, disaggregated by port of entry;
(N) the disaggregation of the information described
in subparagraphs (C), (D), (E), (I), (J), (K), and (L)
by the time the alien remained in custody and by
citizenship and family status, including--
(i) single adults;
(ii) aliens traveling in a family unit;
(iii) unaccompanied children;
(iv) accompanied children;
(4) information pertaining to agricultural inspections;
(5) border rescues and mortality data;
(6) information regarding trade and travel; and
(7) with respect to aliens who were transferred from the
physical custody of a State or Federal law enforcement agency
or other State agency to the physical custody of a Federal
agency or component--
(A) the specific States concerned;
(B) whether such alien had initially been charged
with a State crime before the State transferred such
alien to such Federal agency or component; and
(C) the underlying State crime with which the alien
was charged.
(b) Totals.--The information described in subsection (a) shall
include the total amount of each element described in each such
paragraph in the relevant unit of measurement for reporting month.
(c) Definitions.--The monthly publication required under subsection
(a) shall--
(1) include the definition of all terms used by the
Commissioner; and
(2) specifically note whether the definition of any term
has been changed.
(d) Protection of Personally Identifiable Information.--In
preparing each publication pursuant to subsection (a), the Secretary
shall--
(1) protect any personally identifiable information
associated with aliens described in subsection (a); and
(2) comply with all applicable privacy laws.
SEC. 605. UTILIZATION OF PAROLE AUTHORITIES.
Section 602(b) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1182 note) is amended to read as
follows:
``(b) Annual Report to Congress.--
``(1) In general.--Not later than 90 days after the end of
each fiscal year, the Secretary of Homeland Security shall
submit a report to the Committee on the Judiciary of the
Senate, the Committee on Homeland Security and Governmental
Affairs of the Senate, the Committee on the Judiciary of the
House of Representatives, the Committee on Homeland Security of
the House of Representatives, and the public that identifies
the number of aliens paroled into the United States pursuant to
section 212(d)(5) of the Immigration and Nationality Act (8
U.S.C. 1182(d)(5)).
``(2) Contents.--Each report required under paragraph (1)
shall include--
``(A) the total number of aliens--
``(i) who submitted applications for
parole;
``(ii) whose parole applications were
approved; or
``(iii) who were granted parole into the
United States during the fiscal year
immediately preceding the fiscal year during
which such report is submitted;
``(B) the elements described in subparagraph (A),
disaggregated by--
``(i) citizenship or nationality;
``(ii) demographic categories;
``(iii) the component or subcomponent of
the Department of Homeland Security that
granted such parole;
``(iv) the parole rationale or class of
admission, if applicable; and
``(v) the sector, field office, area of
responsibility, or port of entry where such
parole was requested, approved, or granted;
``(C) the number of aliens who requested re-parole,
disaggregated by the elements described in subparagraph
(B), and the number of denials of re-parole requests;
``(D) the number of aliens whose parole was
terminated for failing to abide by the terms of parole,
disaggregated by the elements described in subparagraph
(B);
``(E) for any parole rationale or class of
admission which requires sponsorship, the number of
sponsor petitions which were--
``(i) confirmed;
``(ii) confirmed subsequent to a
nonconfirmation; or
``(iii) denied;
``(F) for any parole rationale or class of
admission in which a foreign government has agreed to
accept returns of third country nationals, the number
of returns of such third country nationals such foreign
government has accepted;
``(G) the number of aliens who filed for asylum
after being paroled into the United States; and
``(H) the number of aliens described in
subparagraph (G) who were granted employment
authorization based solely on a grant of parole.
``(3) Protection of personally identifiable information.--
In preparing each report pursuant to paragraph (1), the
Secretary shall--
``(A) protect any personally identifiable
information associated with aliens described in
paragraph (1); and
``(B) comply with all applicable privacy laws.''.
SEC. 606. ACCOUNTABILITY IN PROVISIONAL REMOVAL PROCEEDINGS.
(a) In General.--Not later than 1 year and 30 days after the date
of the enactment of this Act, the Secretary shall submit a report to
the appropriate committees of Congress and the public regarding the
implementation of sections 235B and 240D of the Immigration and
Nationality Act, as added by sections 3141 and 3142 during the previous
12-month period.
(b) Contents.--Each report required under subsection (a) shall
include--
(1) the number of aliens processed pursuant to section
235B(b) of the Immigration and Nationality Act, disaggregated
by--
(A) whether the alien was a single adult or a
member of a family unit;
(B) the number of aliens who--
(i) were provided proper service and notice
upon release from custody pursuant to section
235B(b)(2) of such Act; or
(ii) were not given such proper service and
notice;
(C) the number of aliens who received a protection
determination interview pursuant to section 235B(c) of
such Act within the 90-day period required under
section 235B(b)(3)(A) of such Act;
(D) the number of aliens described in subparagraph
(C)--
(i) who retained legal counsel;
(ii) who received a positive protection
determination;
(iii) who received a negative protection
determination;
(iv) for those aliens described in clause
(iii), the number who--
(I) requested reconsideration;
(II) whether such reconsideration
resulted in approval or denial;
(III) whether an alien upon
receiving a negative motion for
reconsideration filed an appeal;
(IV) who appealed a negative
decision without filing for
reconsideration;
(V) whether the appeal resulted in
approval or denial, disaggregated by
the elements in subclauses (III) and
(IV); and
(VI) whether the alien, upon
receiving a negative decision as
described in subclauses (III) and (V),
was removed from the United States upon
receiving such negative decision;
(v) who absconded during such proceedings;
and
(vi) who failed to receive proper service;
(E) the number of aliens who were processed
pursuant to section 235B(f) of such Act; and
(F) the number of aliens described in subparagraph
(E) who submitted their application pursuant to section
235B(f)(2)(B)(i) of such Act;
(2) the average time taken by the Department of Homeland
Security--
(A) to perform a protection determination interview
pursuant to section 235B(b) of such Act;
(B) to serve notice of a protection determination
pursuant to section 235B(e) of such Act after a
determination has been made pursuant to section 235B(b)
of such Act;
(C) to provide an alien with a work authorization
pursuant to section 235C of such Act, as added by
section 501, disaggregated by the requirements under
subparagraphs (A), (B), and (C) of section 235C(a)(2)
of such Act; and
(D) the utilization of the Alternatives to
Detention program authorized under section 235B(a)(3)
of such Act, disaggregated by--
(i) types of alternatives to detention used
to supervise the aliens after being released
from physical custody;
(ii) the level of compliance by the alien
with the rules of the Alternatives to Detention
program; and
(iii) the total cost of each Alternatives
to Detention type;
(3) the number of aliens processed pursuant to section
240D(d) of such Act, disaggregated by--
(A) whether the alien was a single adult or a
member of a family unit;
(B) the number of aliens who were provided proper
service and notice of a protection determination
pursuant to section 235B(e) of such Act;
(C) the number of aliens who received a protection
merits interview pursuant to section 240D(c)(3) of such
Act within the 90-day period required under section
240D(b) of such Act;
(D) the number of aliens who received a positive
protection merits determination pursuant to section
240D(d)(2) of such Act;
(E) the number of aliens who received a negative
protection merits determination pursuant to section
240D(d)(3) of such Act, disaggregated by the number of
aliens who appealed the determination pursuant to
section 240D(e) of such Act and who received a result
pursuant to section 240D(e)(7) of such Act;
(F) the number of aliens who were processed
pursuant to section 240D of such Act who retained legal
counsel;
(G) the number of aliens who appeared at such
proceedings; and
(H) the number of aliens who absconded during such
proceedings; and
(4) the average time taken by the Department of Homeland
Security--
(A) to perform a protection merits interview
pursuant to section 240D(d) of such Act;
(B) to serve notice of a protection merits
determination pursuant to section 240D(d) of such Act;
and
(C) the utilization of Alternatives to Detention
program authorized under section 240D(c)(2) of such
Act, disaggregated by--
(i) types of alternatives to detention used
to supervise the aliens after being released
from physical custody; and
(ii) the level of compliance by the aliens
with rules of the Alternatives to Detention
program.
(c) Protection of Personally Identifiable Information.--In
preparing each report pursuant to subsection (a), the Secretary shall--
(1) protect any personally identifiable information
associated with aliens described in subsection (a); and
(2) comply with all applicable privacy laws.
SEC. 607. ACCOUNTABILITY IN VOLUNTARY REPATRIATION, WITHDRAWAL, AND
DEPARTURE.
(a) In General.--Not later than 1 year and 30 days after the date
of the enactment of this Act, the Secretary shall submit a report to
the appropriate committees of Congress regarding the implementation of
section 240G of the Immigration and Nationality Act, as added by
section 144.
(b) Contents.--The report required under subsection (a) shall
include the number of aliens who utilized the provisions of such
section 240G, disaggregated by--
(1) demographic information;
(2) the period in which the election took place;
(3) the total costs of repatriation flight when compared to
the cost to charter a private, commercial flight for such
return;
(4) alien use of reintegration or reception programs in the
alien's country of nationality after removal from the United
States;
(5) the number of aliens who failed to depart in compliance
with section 240G(i)(2) of such Act;
(6) the number of aliens to which a civil penalty and a
period of ineligibility was applied; and
(7) the number of aliens who did depart.
SEC. 608. GAO ANALYSIS OF IMMIGRATION JUDGE AND ASYLUM OFFICER
DECISION-MAKING REGARDING ASYLUM, WITHHOLDING OF REMOVAL,
AND PROTECTION UNDER THE CONVENTION AGAINST TORTURE.
(a) In General.--Not later than 2 years after the Comptroller
General of the United States submits the certification described in
section 146(d)(3), the Comptroller General shall analyze the decision
rates of immigration judges and asylum officers regarding aliens who
have received a positive protection determination and have been
referred to proceedings under section 240 or 240D of the Immigration
and Nationality Act, as applicable, to determine--
(1) whether the Executive Office for Immigration Review and
U.S. Citizenship and Immigration Services have any differential
in rate of decisions for cases involving asylum, withholding of
removal, or protection under the Convention Against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment, done
at New York December 10, 1984; and
(2) the causes for any such differential, including any
policies, procedures, or other administrative measures.
(b) Recommendations.--Upon completing the analysis required under
subsection (a), the Comptroller General shall submit recommendations to
the Director of the Executive Office for Immigration Review and the
Director of U.S. Citizenship and Immigration Services regarding any
administrative or procedural changes necessary to ensure uniformity in
decision-making between those agencies, which may not include quotas.
SEC. 609. REPORT ON COUNSEL FOR UNACCOMPANIED ALIEN CHILDREN.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, and annually thereafter, the Secretary of Health
and Human Services shall submit a report to the appropriate committees
of Congress with respect to unaccompanied alien children who received
appointed counsel pursuant to section 235(c)(5)(B) of the William
Wilberforce Trafficking Victims Protection Reauthorization Act of 2008,
as added by section 512, including--
(1) the number of unaccompanied alien children who obtained
such counsel compared to the number of such children who did
not obtain such counsel;
(2) the sponsorship category of unaccompanied alien
children who obtained counsel;
(3) the age ranges of unaccompanied alien children who
obtained counsel;
(4) the administrative appeals, if any, of unaccompanied
alien children who obtained counsel; and
(5) the case outcomes of unaccompanied alien children who
obtained counsel.
(b) Protection of Personally Identifiable Information.--In
preparing each report pursuant to subsection (a), the Secretary of
Health and Human Services shall--
(1) protect any personally identifiable information
associated with aliens described in subsection (a); and
(2) comply with all applicable privacy laws.
SEC. 610. RECALCITRANT COUNTRIES.
Section 243(d) of the Immigration and Nationality Act (8 U.S.C.
1253(d)) is amended--
(1) by striking ``On being notified'' and inserting the
following:
``(1) In general.--On being notified''; and
(2) by adding at the end the following:
``(2) Report on recalcitrant countries.--
``(A) In general.--Not later than 90 days after the
last day of each fiscal year, the Secretary of Homeland
Security and the Secretary of State shall jointly--
``(i) prepare an unclassified annual
report, which may include a classified annex,
that includes the information described in
subparagraph (C); and
``(ii) submit such report to Committee on
Homeland Security and Governmental Affairs of
the Senate; the Committee on the Judiciary of
the Senate, the Committee on Foreign Relations
of the Senate, the Committee on Homeland
Security of the House of Representatives, the
Committee on the Judiciary of the House of
Representatives, and the Committee on Foreign
Affairs of the House of Representatives.
``(B) Briefing.--Not later than 30 days after the
date on which a report is submitted pursuant to
subparagraph (A), designees of the Secretary of
Homeland Security and of the Secretary of State shall
brief the committees referred to in subparagraph
(A)(ii) regarding any measures taken to encourage
countries to accept the return of their citizens,
subjects, or nationals, or aliens whose last habitual
residence was within each such country, who have been
ordered removed from the United States.
``(C) Contents.--Each report prepared pursuant to
subparagraph (A)(i) shall include--
``(i) a list of all countries that--
``(I) deny the acceptance of their
citizens, subjects, or nationals, or
aliens whose last habitual residence
was within such country, who have been
ordered removed to such country from
the United States; or
``(II) unreasonably delay the
acceptance of their citizens, subjects,
or nationals, or aliens whose last
habitual residence was within such
country, who have been ordered removed
to such country from the United States;
``(ii) for each country described in clause
(i)(II), the average length of delay of such
citizens, subjects, nationals, or aliens
acceptance into such country;
``(iii) a list of the foreign countries
that have placed unreasonable limitations upon
the acceptance of their citizens, subjects, or
nationals, or aliens whose last habitual
residence was within such country, who have
been ordered removed to such country from the
United States;
``(iv) a description of the criteria used
to determine that a country described under
clause (iii) has placed such unreasonable
limitations;
``(v) the number of aliens ordered removed
from the United States to a country described
in clause (i) or (iii) whose removal from the
United States was pending as of the last day of
the previous fiscal year, including--
``(I) the number of aliens who--
``(aa) received a denial of
a work authorization; and
``(bb) are not eligible to
request work authorization;
``(vi) the number of aliens ordered removed
from the United States to a country described
in clause (i) or (iii) whose removal from the
United States was pending as of the last day of
the previous fiscal year and who are being
detained, disaggregated by--
``(I) the length of such detention;
``(II) the aliens who requested a
review of the significant likelihood of
their removal in the reasonably
foreseeable future;
``(III) the aliens for whom the
request for release under such review
was denied;
``(IV) the aliens who remain
detained on account of special
circumstances despite no significant
likelihood that such aliens will be
removed in the foreseeable future,
disaggregated by the specific
circumstance;
``(V) the aliens described in
subclause (IV) who are being detained
based on a determination that they are
specially dangerous;
``(VI) the aliens described in
subclause (V) whose request to review
the basis for their continued detention
was denied;
``(VII) demographic categories,
including part of a family unit, single
adults, and unaccompanied alien
children;
``(vii) the number of aliens referred to in
clauses (i) through (iii) who--
``(I) have criminal convictions,
disaggregated by National Crime
Information Center code, whether
misdemeanors or felonies;
``(II) are considered national
security threats to the United States;
``(III) are members of a criminal
gang or another organized criminal
organization, if found to be
inadmissible or removable on such
grounds; or
``(IV) have been released from U.S.
Immigration and Customs Enforcement
custody on an order of supervision and
the type of supervision and compliance
with such supervision, if applicable;
``(viii) a description of the actions taken
by the Department of Homeland Security and the
Department of State to encourage foreign
nations to accept the return of their
nationals; and
``(ix) the total number of individuals that
such jurisdiction has accepted who are not
citizens, subjects, or nationals, or aliens who
last habitually resided within such
jurisdiction and have been removed from the
United States, if any.''.
TITLE VII--OTHER MATTERS
SEC. 701. SEVERABILITY.
If any provision of this division, any amendment made by this
division, or the application of any such provision or amendment to any
person or circumstance is held to be unconstitutional, the remainder of
this division, the amendments made by this division, and the
application of such provisions or amendments to any other person or
circumstance shall not be affected.
TITLE VIII--BUDGETARY EFFECTS
SEC. 801. BUDGETARY EFFECTS.
(a) Statutory PAYGO Scorecards.--The budgetary effects of this
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.
(b) Senate PAYGO Scorecards.--The budgetary effects of this
division shall not be entered on any PAYGO scorecard maintained for
purposes of section 4106 of H. Con. Res. 71 (115th Congress).
(c) 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
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.
Calendar No. 397
118th CONGRESS
2d Session
S. 4361
_______________________________________________________________________
A BILL
Making emergency supplemental appropriations for border security and
combatting fentanyl for the fiscal year ending September 30, 2024, and
for other purposes.
_______________________________________________________________________
May 20, 2024
Read the second time and placed on the calendar