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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10034 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                               H. R. 10034

  To secure the border and reform the immigration laws, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 25, 2024

  Mr. Duarte introduced the following bill; which was referred to the 
   Committee on the Judiciary, and in addition to the Committees on 
     Homeland Security, Ways and Means, Foreign Affairs, and House 
   Administration, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
  To secure the border and reform the immigration laws, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Border Security 
and Immigration Reform Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                      DIVISION A--BORDER SECURITY

Sec. 101. Definitions.
Sec. 102. Border wall construction.
Sec. 103. Strengthening the requirements for barriers along the 
                            southern border.
Sec. 104. Border and port security technology investment plan.
Sec. 105. Border security technology program management.
Sec. 106. U.S. Customs and Border Protection technology upgrades.
Sec. 107. U.S. Customs and Border Protection personnel.
Sec. 108. Anti-Border Corruption Act reauthorization.
Sec. 109. Establishment of workload staffing models for U.S. Border 
                            Patrol and Air and Marine Operations of 
                            CBP.
Sec. 110. Operation Stonegarden.
Sec. 111. Air and Marine Operations flight hours.
Sec. 112. Border patrol strategic plan.
Sec. 113. U.S. Customs and Border Protection spiritual readiness.
Sec. 114. Restrictions on funding.
Sec. 115. Collection of DNA and biometric information at the border.
Sec. 116. Eradication of narcotic drugs and formulating effective new 
                            tools to address yearly losses of life; 
                            ensuring timely updates to U.S. Customs and 
                            Border Protection field manuals.
Sec. 117. Publication by U.S. Customs and Border Protection of 
                            operational statistics.
Sec. 118. Alien criminal background checks.
Sec. 119. Prohibited identification documents at airport security 
                            checkpoints; notification to immigration 
                            agencies.
Sec. 120. Prohibition against any COVID-19 vaccine mandate or adverse 
                            action against DHS employees.
Sec. 121. CBP One app limitation.
Sec. 122. Report on Mexican drug cartels.
Sec. 123. GAO study on costs incurred by States to secure the southwest 
                            border.
Sec. 124. Report by Inspector General of the Department of Homeland 
                            Security.
Sec. 125. Offsetting authorizations of appropriations.
Sec. 126. Report to Congress on foreign terrorist organizations.
Sec. 127. Assessment by Inspector General of the Department of Homeland 
                            Security on the mitigation of unmanned 
                            aircraft systems at the southwest border.
        DIVISION B--IMMIGRATION ENFORCEMENT AND FOREIGN AFFAIRS

              TITLE I--ASYLUM REFORM AND BORDER PROTECTION

Sec. 101. Safe third country.
Sec. 102. Credible fear interviews.
Sec. 103. Clarification of asylum eligibility.
Sec. 104. Exceptions.
Sec. 105. Employment authorization.
Sec. 106. Asylum fees.
Sec. 107. Rules for determining asylum eligibility.
Sec. 108. Firm resettlement.
Sec. 109. Notice concerning frivolous asylum applications.
Sec. 110. Technical amendments.
Sec. 111. Requirement for procedures relating to certain asylum 
                            applications.
             TITLE II--BORDER SAFETY AND MIGRANT PROTECTION

Sec. 201. Inspection of applicants for admission.
Sec. 202. Operational detention facilities.
   TITLE III--PREVENTING UNCONTROLLED MIGRATION FLOWS IN THE WESTERN 
                               HEMISPHERE

Sec. 301. United States policy regarding Western Hemisphere cooperation 
                            on immigration and asylum.
Sec. 302. Negotiations by Secretary of State.
Sec. 303. Mandatory briefings on United States efforts to address the 
                            border crisis.
            TITLE IV--ENSURING UNITED FAMILIES AT THE BORDER

Sec. 401. Clarification of standards for family detention.
                    TITLE V--PROTECTION OF CHILDREN

Sec. 501. Findings.
Sec. 502. Repatriation of unaccompanied alien children.
Sec. 503. Special immigrant juvenile status for immigrants unable to 
                            reunite with either parent.
Sec. 504. Rule of construction.
                   TITLE VI--VISA OVERSTAYS PENALTIES

Sec. 601. Expanded penalties for illegal entry or presence.
                  TITLE VII--IMMIGRATION PAROLE REFORM

Sec. 701. Immigration parole reform.
Sec. 702. Implementation.
Sec. 703. Cause of action.
Sec. 704. Severability.
                      TITLE VIII--DIGNITY PROGRAM

Sec. 801. Establishment.
Sec. 802. Eligibility.
Sec. 803. Registration; departure.
Sec. 804. Program participation.
Sec. 805. Completion.
                DIVISION C--AGRICULTURAL WORKER PROGRAM

 TITLE I--PROGRAM FOR EARNED STATUS ADJUSTMENT OF AGRICULTURAL WORKERS

Sec. 101. Short title.
Sec. 102. Blue card status.
Sec. 103. Adjustment to permanent resident status.
Sec. 104. Use of information.
Sec. 105. Reports on blue cards.
Sec. 106. Authorization of appropriations.
            TITLE II--CORRECTION OF SOCIAL SECURITY RECORDS

Sec. 201. Correction of Social Security records.
                         TITLE III--DEFINITIONS

Sec. 301. Definitions.
                          DIVISION D--SAVE ACT

Sec. 101. Short title.
Sec. 102. Ensuring only citizens are registered to vote in elections 
                            for Federal office.
Sec. 103. Election Assistance Commission guidance.
Sec. 104. Inapplicability of Paperwork Reduction Act.
Sec. 105. Duty of Secretary of Homeland Security to notify election 
                            officials of naturalization.
Sec. 106. Rule of construction regarding provisional ballots.
Sec. 107. Rule of construction regarding effect on State exemptions 
                            from other Federal laws.
Sec. 108. Effective date.

                      DIVISION A--BORDER SECURITY

SEC. 101. DEFINITIONS.

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

SEC. 102. BORDER WALL CONSTRUCTION.

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

SEC. 103. STRENGTHENING THE REQUIREMENTS FOR BARRIERS ALONG THE 
              SOUTHERN BORDER.

    Section 102 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (Division C of Public Law 104-208; 8 U.S.C. 
1103 note) is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) In General.--The Secretary of Homeland Security shall take 
such actions as may be necessary (including the removal of obstacles to 
detection of illegal entrants) to design, test, construct, install, 
deploy, integrate, and operate physical barriers, tactical 
infrastructure, and technology in the vicinity of the southwest border 
to achieve situational awareness and operational control of the 
southwest border and deter, impede, and detect unlawful activity.'';
            (2) in subsection (b)--
                    (A) in the subsection heading, by striking 
                ``Fencing and Road Improvements'' and inserting 
                ``Physical Barriers'';
                    (B) in paragraph (1)--
                            (i) in the heading, by striking ``fencing'' 
                        and inserting ``barriers'';
                            (ii) by amending subparagraph (A) to read 
                        as follows:
                    ``(A) Reinforced barriers.--In carrying out this 
                section, the Secretary of Homeland Security shall 
                construct a border wall, including physical barriers, 
                tactical infrastructure, and technology, along not 
                fewer than 900 miles of the southwest border until 
                situational awareness and operational control of the 
                southwest border is achieved.'';
                            (iii) by amending subparagraph (B) to read 
                        as follows:
                    ``(B) Physical barriers and tactical 
                infrastructure.--In carrying out this section, the 
                Secretary of Homeland Security shall deploy along the 
                southwest border the most practical and effective 
                physical barriers, tactical infrastructure, and 
                technology available for achieving situational 
                awareness and operational control of the southwest 
                border.'';
                            (iv) in subparagraph (C)--
                                    (I) by amending clause (i) to read 
                                as follows:
                            ``(i) In general.--In carrying out this 
                        section, the Secretary of Homeland Security 
                        shall consult with the Secretary of the 
                        Interior, the Secretary of Agriculture, 
                        appropriate representatives of State, Tribal, 
                        and local governments, and appropriate private 
                        property owners in the United States to 
                        minimize the impact on natural resources, 
                        commerce, and sites of historical or cultural 
                        significance for the communities and residents 
                        located near the sites at which physical 
                        barriers, tactical infrastructure, and 
                        technology are to be constructed. Such 
                        consultation may not delay such construction 
                        for longer than seven days.''; and
                                    (II) in clause (ii)--
                                            (aa) in subclause (I), by 
                                        striking ``or'' after the 
                                        semicolon at the end;
                                            (bb) by amending subclause 
                                        (II) to read as follows:
                                    ``(II) delay the transfer to the 
                                United States of the possession of 
                                property or affect the validity of any 
                                property acquisition by the United 
                                States by purchase or eminent domain, 
                                or to otherwise affect the eminent 
                                domain laws of the United States or of 
                                any State; or''; and
                                            (cc) by adding at the end 
                                        the following new subclause:
                                    ``(III) create any right or 
                                liability for any party.''; and
                            (v) by striking subparagraph (D);
                    (C) in paragraph (2)--
                            (i) by striking ``Attorney General'' and 
                        inserting ``Secretary of Homeland Security'';
                            (ii) by striking ``this subsection'' and 
                        inserting ``this section''; and
                            (iii) by striking ``construction of 
                        fences'' and inserting ``the construction of 
                        physical barriers, tactical infrastructure, and 
                        technology'';
                    (D) by amending paragraph (3) to read as follows:
            ``(3) Agent safety.--In carrying out this section, the 
        Secretary of Homeland Security, when designing, testing, 
        constructing, installing, deploying, integrating, and operating 
        physical barriers, tactical infrastructure, or technology, 
        shall incorporate such safety features into such design, test, 
        construction, installation, deployment, integration, or 
        operation of such physical barriers, tactical infrastructure, 
        or technology, as the case may be, that the Secretary 
        determines are necessary to maximize the safety and 
        effectiveness of officers and agents of the Department of 
        Homeland Security or of any other Federal agency deployed in 
        the vicinity of such physical barriers, tactical 
        infrastructure, or technology.''; and
                    (E) in paragraph (4), by striking ``this 
                subsection'' and inserting ``this section'';
            (3) in subsection (c)--
                    (A) by amending paragraph (1) to read as follows:
            ``(1) In general.--Notwithstanding any other provision of 
        law, the Secretary of Homeland Security shall waive all legal 
        requirements necessary to ensure the expeditious design, 
        testing, construction, installation, deployment, integration, 
        operation, and maintenance of the physical barriers, tactical 
        infrastructure, and technology under this section. The 
        Secretary shall ensure the maintenance and effectiveness of 
        such physical barriers, tactical infrastructure, or technology. 
        Any such action by the Secretary shall be effective upon 
        publication in the Federal Register.'';
                    (B) by redesignating paragraph (2) as paragraph 
                (3); and
                    (C) by inserting after paragraph (1) the following 
                new paragraph:
            ``(2) Notification.--Not later than seven days after the 
        date on which the Secretary of Homeland Security exercises a 
        waiver pursuant to paragraph (1), the Secretary shall notify 
        the Committee on Homeland Security of the House of 
        Representatives and the Committee on Homeland Security and 
        Governmental Affairs of the Senate of such waiver.''; and
            (4) by adding at the end the following new subsections:
    ``(e) Technology.--In carrying out this section, the Secretary of 
Homeland Security shall deploy along the southwest border the most 
practical and effective technology available for achieving situational 
awareness and operational control.
    ``(f) Definitions.--In this section:
            ``(1) Advanced unattended surveillance sensors.--The term 
        `advanced unattended surveillance sensors' means sensors that 
        utilize an onboard computer to analyze detections in an effort 
        to discern between vehicles, humans, and animals, and 
        ultimately filter false positives prior to transmission.
            ``(2) Operational control.--The term `operational control' 
        has the meaning given such term in section 2(b) of the Secure 
        Fence Act of 2006 (Public Law 109-367; 8 U.S.C. 1701 note).
            ``(3) Physical barriers.--The term `physical barriers' 
        includes reinforced fencing, the border wall, and levee walls.
            ``(4) Situational awareness.--The term `situational 
        awareness' has the meaning given such term in section 
        1092(a)(7) of the National Defense Authorization Act for Fiscal 
        Year 2017 (Public Law 114-328; 6 U.S.C. 223(a)(7)).
            ``(5) Tactical infrastructure.--The term `tactical 
        infrastructure' includes boat ramps, access gates, checkpoints, 
        lighting, and roads.
            ``(6) Technology.--The term `technology' includes border 
        surveillance and detection technology, including the following:
                    ``(A) Tower-based surveillance technology.
                    ``(B) Deployable, lighter-than-air ground 
                surveillance equipment.
                    ``(C) Vehicle and Dismount Exploitation Radars 
                (VADER).
                    ``(D) 3-dimensional, seismic acoustic detection and 
                ranging border tunneling detection technology.
                    ``(E) Advanced unattended surveillance sensors.
                    ``(F) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    ``(G) Unmanned aircraft systems.
                    ``(H) Tunnel detection systems and other seismic 
                technology.
                    ``(I) Fiber-optic cable.
                    ``(J) Other border detection, communication, and 
                surveillance technology.
            ``(7) Unmanned aircraft system.--The term `unmanned 
        aircraft system' has the meaning given such term in section 
        44801 of title 49, United States Code.''.

SEC. 104. BORDER AND PORT SECURITY TECHNOLOGY INVESTMENT PLAN.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Commissioner, in consultation with covered 
officials and border and port security technology stakeholders, shall 
submit to the appropriate congressional committees a strategic 5-year 
technology investment plan (in this section referred to as the 
``plan''). The plan may include a classified annex, if appropriate.
    (b) Contents of Plan.--The plan shall include the following:
            (1) An analysis of security risks at and between ports of 
        entry along the northern and southern borders of the United 
        States.
            (2) An identification of capability gaps with respect to 
        security at and between such ports of entry to be mitigated in 
        order to--
                    (A) prevent terrorists and instruments of terror 
                from entering the United States;
                    (B) combat and reduce cross-border criminal 
                activity, including--
                            (i) the transport of illegal goods, such as 
                        illicit drugs; and
                            (ii) human smuggling and human trafficking; 
                        and
                    (C) facilitate the flow of legal trade across the 
                southwest border.
            (3) An analysis of current and forecast trends relating to 
        the number of aliens who--
                    (A) unlawfully entered the United States by 
                crossing the northern or southern border of the United 
                States; or
                    (B) are unlawfully present in the United States.
            (4) A description of security-related technology 
        acquisitions, to be listed in order of priority, to address the 
        security risks and capability gaps analyzed and identified 
        pursuant to paragraphs (1) and (2), respectively.
            (5) A description of each planned security-related 
        technology program, including objectives, goals, and timelines 
        for each such program.
            (6) An identification of each deployed security-related 
        technology that is at or near the end of the life cycle of such 
        technology.
            (7) A description of the test, evaluation, modeling, and 
        simulation capabilities, including target methodologies, 
        rationales, and timelines, necessary to support the acquisition 
        of security-related technologies pursuant to paragraph (4).
            (8) An identification and assessment of ways to increase 
        opportunities for communication and collaboration with the 
        private sector, small and disadvantaged businesses, 
        intragovernment entities, university centers of excellence, and 
        Federal laboratories to ensure CBP is able to engage with the 
        market for security-related technologies that are available to 
        satisfy its mission needs before engaging in an acquisition of 
        a security-related technology.
            (9) An assessment of the management of planned security-
        related technology programs by the acquisition workforce of 
        CBP.
            (10) An identification of ways to leverage already-existing 
        acquisition expertise within the Federal Government.
            (11) A description of the security resources, including 
        information security resources, required to protect security-
        related technology from physical or cyber theft, diversion, 
        sabotage, or attack.
            (12) A description of initiatives to--
                    (A) streamline the acquisition process of CBP; and
                    (B) provide to the private sector greater 
                predictability and transparency with respect to such 
                process, including information relating to the timeline 
                for testing and evaluation of security-related 
                technology.
            (13) An assessment of the privacy and security impact on 
        border communities of security-related technology.
            (14) In the case of a new acquisition leading to the 
        removal of equipment from a port of entry along the northern or 
        southern border of the United States, a strategy to consult 
        with the private sector and community stakeholders affected by 
        such removal.
            (15) A strategy to consult with the private sector and 
        community stakeholders with respect to security impacts at a 
        port of entry described in paragraph (14).
            (16) An identification of recent technological advancements 
        in the following:
                    (A) Manned aircraft sensor, communication, and 
                common operating picture technology.
                    (B) Unmanned aerial systems and related technology, 
                including counter-unmanned aerial system technology.
                    (C) Surveillance technology, including the 
                following:
                            (i) Mobile surveillance vehicles.
                            (ii) Associated electronics, including 
                        cameras, sensor technology, and radar.
                            (iii) Tower-based surveillance technology.
                            (iv) Advanced unattended surveillance 
                        sensors.
                            (v) Deployable, lighter-than-air, ground 
                        surveillance equipment.
                    (D) Nonintrusive inspection technology, including 
                non-x-ray devices utilizing muon tomography and other 
                advanced detection technology.
                    (E) Tunnel detection technology.
                    (F) Communications equipment, including the 
                following:
                            (i) Radios.
                            (ii) Long-term evolution broadband.
                            (iii) Miniature satellites.
    (c) Leveraging the Private Sector.--To the extent practicable, the 
plan shall--
            (1) leverage emerging technological capabilities, and 
        research and development trends, within the public and private 
        sectors;
            (2) incorporate input from the private sector, including 
        from border and port security stakeholders, through requests 
        for information, industry day events, and other innovative 
        means consistent with the Federal Acquisition Regulation; and
            (3) identify security-related technologies that are in 
        development or deployed, with or without adaptation, that may 
        satisfy the mission needs of CBP.
    (d) Form.--To the extent practicable, the plan shall be published 
in unclassified form on the website of the Department.
    (e) Disclosure.--The plan shall include an identification of 
individuals not employed by the Federal Government, and their 
professional affiliations, who contributed to the development of the 
plan.
    (f) Update and Report.--Not later than the date that is two years 
after the date on which the plan is submitted to the appropriate 
congressional committees pursuant to subsection (a) and biennially 
thereafter for ten years, the Commissioner shall submit to the 
appropriate congressional committees--
            (1) an update of the plan, if appropriate; and
            (2) a report that includes--
                    (A) the extent to which each security-related 
                technology acquired by CBP since the initial submission 
                of the plan or most recent update of the plan, as the 
                case may be, is consistent with the planned technology 
                programs and projects described pursuant to subsection 
                (b)(5); and
                    (B) the type of contract and the reason for 
                acquiring each such security-related technology.
    (g) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Homeland Security and the 
                Committee on Appropriations of the House of 
                Representatives; and
                    (B) the Committee on Homeland Security and 
                Governmental Affairs and the Committee on 
                Appropriations of the Senate.
            (2) Covered officials.--The term ``covered officials'' 
        means--
                    (A) the Under Secretary for Management of the 
                Department;
                    (B) the Under Secretary for Science and Technology 
                of the Department; and
                    (C) the Chief Information Officer of the 
                Department.
            (3) Unlawfully present.--The term ``unlawfully present'' 
        has the meaning provided such term in section 212(a)(9)(B)(ii) 
        of the Immigration and Nationality Act (8 U.S.C. 
        1182(a)(9)(B)(ii)).

SEC. 105. BORDER SECURITY TECHNOLOGY PROGRAM MANAGEMENT.

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

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

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

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

SEC. 106. U.S. CUSTOMS AND BORDER PROTECTION TECHNOLOGY UPGRADES.

    (a) Secure Communications.--The Commissioner shall ensure that each 
CBP officer or agent, as appropriate, is equipped with a secure radio 
or other two-way communication device that allows each such officer or 
agent to communicate--
            (1) between ports of entry and inspection stations; and
            (2) with other Federal, State, Tribal, and local law 
        enforcement entities.
    (b) Border Security Deployment Program.--
            (1) Expansion.--Not later than September 30, 2025, the 
        Commissioner shall--
                    (A) fully implement the Border Security Deployment 
                Program of CBP; and
                    (B) expand the integrated surveillance and 
                intrusion detection system at land ports of entry along 
                the northern and southern borders of the United States.
            (2) Authorization of appropriations.--In addition to 
        amounts otherwise authorized to be appropriated for such 
        purpose, there is authorized to be appropriated $33,000,000 for 
        fiscal years 2024 and 2025 to carry out paragraph (1).
    (c) Upgrade of License Plate Readers at Ports of Entry.--
            (1) Upgrade.--Not later than two years after the date of 
        the enactment of this Act, the Commissioner shall upgrade all 
        existing license plate readers in need of upgrade, as 
        determined by the Commissioner, on the northern and southern 
        borders of the United States.
            (2) Authorization of appropriations.--In addition to 
        amounts otherwise authorized to be appropriated for such 
        purpose, there is authorized to be appropriated $125,000,000 
        for fiscal years 2025 and 2026 to carry out paragraph (1).

SEC. 107. U.S. CUSTOMS AND BORDER PROTECTION PERSONNEL.

    (a) Retention Bonus.--To carry out this section, there is 
authorized to be appropriated up to $100,000,000 to the Commissioner to 
provide a retention bonus to any front-line U.S. Border Patrol law 
enforcement agent--
            (1) whose position is equal to or below level GS-12 of the 
        General Schedule;
            (2) who has five years or more of service with the U.S. 
        Border Patrol; and
            (3) who commits to two years of additional service with the 
        U.S. Border Patrol upon acceptance of such bonus.
    (b) Border Patrol Agents.--Not later than September 30, 2025, the 
Commissioner shall hire, train, and assign a sufficient number of 
Border Patrol agents to maintain an active duty presence of not fewer 
than 22,000 full-time equivalent Border Patrol agents, who may not 
perform the duties of processing coordinators.
    (c) Prohibition Against Alien Travel.--No personnel or equipment of 
Air and Marine Operations may be used for the transportation of non-
detained aliens, or detained aliens expected to be administratively 
released upon arrival, from the southwest border to destinations within 
the United States.
    (d) GAO Report.--If the staffing level required under this section 
is not achieved by the date associated with such level, the Comptroller 
General of the United States shall--
            (1) conduct a review of the reasons why such level was not 
        so achieved; and
            (2) not later than September 30, 2027, publish on a 
        publicly available website of the Government Accountability 
        Office a report relating thereto.

SEC. 108. ANTI-BORDER CORRUPTION ACT REAUTHORIZATION.

    (a) Hiring Flexibility.--Section 3 of the Anti-Border Corruption 
Act of 2010 (6 U.S.C. 221; Public Law 111-376) is amended by striking 
subsection (b) and inserting the following new subsections:
    ``(b) Waiver Requirement.--Subject to subsection (c), the 
Commissioner of U.S. Customs and Border Protection shall waive the 
application of subsection (a)(1)--
            ``(1) to a current, full-time law enforcement officer 
        employed by a State or local law enforcement agency who--
                    ``(A) has continuously served as a law enforcement 
                officer for not fewer than three years;
                    ``(B) is authorized by law to engage in or 
                supervise the prevention, detection, investigation, or 
                prosecution of, or the incarceration of any person for, 
                any violation of law, and has statutory powers for 
                arrest or apprehension; and
                    ``(C) is not currently under investigation, has not 
                been found to have engaged in criminal activity or 
                serious misconduct, has not resigned from a law 
                enforcement officer position under investigation or in 
                lieu of termination, and has not been dismissed from a 
                law enforcement officer position;
            ``(2) to a current, full-time Federal law enforcement 
        officer who--
                    ``(A) has continuously served as a law enforcement 
                officer for not fewer than three years;
                    ``(B) is authorized to make arrests, conduct 
                investigations, conduct searches, make seizures, carry 
                firearms, and serve orders, warrants, and other 
                processes;
                    ``(C) is not currently under investigation, has not 
                been found to have engaged in criminal activity or 
                serious misconduct, has not resigned from a law 
                enforcement officer position under investigation or in 
                lieu of termination, and has not been dismissed from a 
                law enforcement officer position; and
                    ``(D) holds a current Tier 4 background 
                investigation or current Tier 5 background 
                investigation; or
            ``(3) to a member of the Armed Forces (or a reserve 
        component thereof) or a veteran, if such individual--
                    ``(A) has served in the Armed Forces for not fewer 
                than three years;
                    ``(B) holds, or has held within the past five 
                years, a Secret, Top Secret, or Top Secret/Sensitive 
                Compartmented Information clearance;
                    ``(C) holds, or has undergone within the past five 
                years, a current Tier 4 background investigation or 
                current Tier 5 background investigation;
                    ``(D) received, or is eligible to receive, an 
                honorable discharge from service in the Armed Forces 
                and has not engaged in criminal activity or committed a 
                serious military or civil offense under the Uniform 
                Code of Military Justice; and
                    ``(E) was not granted any waivers to obtain the 
                clearance referred to in subparagraph (B).
    ``(c) Termination of Waiver Requirement; Snap-Back.--The 
requirement to issue a waiver under subsection (b) shall terminate if 
the Commissioner of U.S. Customs and Border Protection (CBP) certifies 
to the Committee on Homeland Security of the House of Representatives 
and the Committee on Homeland Security and Governmental Affairs of the 
Senate that CBP has met all requirements pursuant to section 107 of the 
Border Security and Immigration Reform Act relating to personnel 
levels. If at any time after such certification personnel levels fall 
below such requirements, the Commissioner shall waive the application 
of subsection (a)(1) until such time as the Commissioner re-certifies 
to such Committees that CBP has so met all such requirements.''.
    (b) Supplemental Commissioner Authority; Reporting; Definitions.--
The Anti-Border Corruption Act of 2010 is amended by adding at the end 
the following new sections:

``SEC. 5. SUPPLEMENTAL COMMISSIONER AUTHORITY.

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

``SEC. 6. REPORTING.

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

``SEC. 7. DEFINITIONS.

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

SEC. 109. ESTABLISHMENT OF WORKLOAD STAFFING MODELS FOR U.S. BORDER 
              PATROL AND AIR AND MARINE OPERATIONS OF CBP.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act, the Commissioner, in coordination with the Under 
Secretary for Management, the Chief Human Capital Officer, and the 
Chief Financial Officer of the Department, shall implement a workload 
staffing model for each of the following:
            (1) The U.S. Border Patrol.
            (2) Air and Marine Operations of CBP.
    (b) Responsibilities of the Commissioner.--Subsection (c) of 
section 411 of the Homeland Security Act of 2002 (6 U.S.C. 211), is 
amended--
            (1) by redesignating paragraphs (18) and (19) as paragraphs 
        (20) and (21), respectively; and
            (2) by inserting after paragraph (17) the following new 
        paragraphs:
            ``(18) implement a staffing model for the U.S. Border 
        Patrol, Air and Marine Operations, and the Office of Field 
        Operations that includes consideration for essential frontline 
        operator activities and functions, variations in operating 
        environments, present and planned infrastructure, present and 
        planned technology, and required operations support levels to 
        enable such entities to manage and assign personnel of such 
        entities to ensure field and support posts possess adequate 
        resources to carry out duties specified in this section;
            ``(19) develop standard operating procedures for a 
        workforce tracking system within the U.S. Border Patrol, Air 
        and Marine Operations, and the Office of Field Operations, 
        train the workforce of each of such entities on the use, 
        capabilities, and purpose of such system, and implement 
        internal controls to ensure timely and accurate scheduling and 
        reporting of actual completed work hours and activities;''.
    (c) Report.--
            (1) In general.--Not later than one year after the date of 
        the enactment of this Act with respect to subsection (a) and 
        paragraphs (18) and (19) of section 411(c) of the Homeland 
        Security Act of 2002 (as amended by subsection (b)), and 
        annually thereafter with respect to such paragraphs (18) and 
        (19), the Secretary shall submit to the appropriate 
        congressional committees a report that includes a status update 
        on the following:
                    (A) The implementation of such subsection (a) and 
                such paragraphs (18) and (19).
                    (B) Each relevant workload staffing model.
            (2) Data sources and methodology required.--Each report 
        required under paragraph (1) shall include information relating 
        to the data sources and methodology used to generate each 
        relevant staffing model.
    (d) Inspector General Review.--Not later than 90 days after the 
Commissioner develops the workload staffing models pursuant to 
subsection (a), the Inspector General of the Department shall review 
such models and provide feedback to the Secretary and the appropriate 
congressional committees with respect to the degree to which such 
models are responsive to the recommendations of the Inspector General, 
including the following:
            (1) Recommendations from the Inspector General's February 
        2019 audit.
            (2) Any further recommendations to improve such models.
    (e) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Homeland Security of the House of 
        Representatives; and
            (2) the Committee on Homeland Security and Governmental 
        Affairs of the Senate.

SEC. 110. OPERATION STONEGARDEN.

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

``SEC. 2010. OPERATION STONEGARDEN.

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

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

SEC. 111. AIR AND MARINE OPERATIONS FLIGHT HOURS.

    (a) Air and Marine Operations Flight Hours.--Not later than 120 
days after the date of the enactment of this Act, the Secretary shall 
ensure that not fewer than 110,000 annual flight hours are carried out 
by Air and Marine Operations of CBP.
    (b) Unmanned Aircraft Systems.--The Secretary, after coordination 
with the Administrator of the Federal Aviation Administration, shall 
ensure that Air and Marine Operations operate unmanned aircraft systems 
on the southern border of the United States for not less than 24 hours 
per day.
    (c) Primary Missions.--The Commissioner shall ensure the following:
            (1) The primary missions for Air and Marine Operations are 
        to directly support the following:
                    (A) U.S. Border Patrol activities along the borders 
                of the United States.
                    (B) Joint Interagency Task Force South and Joint 
                Task Force East operations in the transit zone.
            (2) The Executive Assistant Commissioner of Air and Marine 
        Operations assigns the greatest priority to support missions 
        specified in paragraph (1).
    (d) High Demand Flight Hour Requirements.--The Commissioner shall--
            (1) ensure that U.S. Border Patrol Sector Chiefs identify 
        air support mission-critical hours; and
            (2) direct Air and Marine Operations to support requests 
        from such Sector Chiefs as a component of the primary mission 
        of Air and Marine Operations in accordance with subsection 
        (c)(1)(A).
    (e) Contract Air Support Authorizations.--The Commissioner shall 
contract for air support mission-critical hours to meet the requests 
for such hours, as identified pursuant to subsection (d).
    (f) Small Unmanned Aircraft Systems.--
            (1) In general.--The Chief of the U.S. Border Patrol shall 
        be the executive agent with respect to the use of small 
        unmanned aircraft by CBP for the purposes of the following:
                    (A) Meeting the unmet flight hour operational 
                requirements of the U.S. Border Patrol.
                    (B) Achieving situational awareness and operational 
                control of the borders of the United States.
            (2) Coordination.--In carrying out paragraph (1), the Chief 
        of the U.S. Border Patrol shall coordinate--
                    (A) flight operations with the Administrator of the 
                Federal Aviation Administration to ensure the safe and 
                efficient operation of the national airspace system; 
                and
                    (B) with the Executive Assistant Commissioner for 
                Air and Marine Operations of CBP to--
                            (i) ensure the safety of other CBP aircraft 
                        flying in the vicinity of small unmanned 
                        aircraft operated by the U.S. Border Patrol; 
                        and
                            (ii) establish a process to include data 
                        from flight hours in the calculation of got 
                        away statistics.
            (3) Conforming amendment.--Paragraph (3) of section 411(e) 
        of the Homeland Security Act of 2002 (6 U.S.C. 211(e)) is 
        amended--
                    (A) in subparagraph (B), by striking ``and'' after 
                the semicolon at the end;
                    (B) by redesignating subparagraph (C) as 
                subparagraph (D); and
                    (C) by inserting after subparagraph (B) the 
                following new subparagraph:
                    ``(C) carry out the small unmanned aircraft (as 
                such term is defined in section 44801 of title 49, 
                United States Code) requirements pursuant to subsection 
                (f) of section 111 of the Border Security and 
                Immigration Reform Act; and''.
    (g) Savings Clause.--Nothing in this section may be construed as 
conferring, transferring, or delegating to the Secretary, the 
Commissioner, the Executive Assistant Commissioner for Air and Marine 
Operations of CBP, or the Chief of the U.S. Border Patrol any authority 
of the Secretary of Transportation or the Administrator of the Federal 
Aviation Administration relating to the use of airspace or aviation 
safety.
    (h) Definitions.--In this section:
            (1) Got away.--The term ``got away'' has the meaning given 
        such term in section 1092(a)(3) of the National Defense 
        Authorization Act for Fiscal Year 2017 (Public Law 114-328; 6 
        U.S.C. 223(a)(3)).
            (2) Transit zone.--The term ``transit zone'' has the 
        meaning given such term in section 1092(a)(8) of the National 
        Defense Authorization Act for Fiscal Year 2017 (Public Law 114-
        328; 6 U.S.C. 223(a)(8)).

SEC. 112. BORDER PATROL STRATEGIC PLAN.

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

SEC. 113. U.S. CUSTOMS AND BORDER PROTECTION SPIRITUAL READINESS.

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

SEC. 114. RESTRICTIONS ON FUNDING.

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

SEC. 115. COLLECTION OF DNA AND BIOMETRIC INFORMATION AT THE BORDER.

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

SEC. 116. ERADICATION OF NARCOTIC DRUGS AND FORMULATING EFFECTIVE NEW 
              TOOLS TO ADDRESS YEARLY LOSSES OF LIFE; ENSURING TIMELY 
              UPDATES TO U.S. CUSTOMS AND BORDER PROTECTION FIELD 
              MANUALS.

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

SEC. 117. PUBLICATION BY U.S. CUSTOMS AND BORDER PROTECTION OF 
              OPERATIONAL STATISTICS.

    (a) In General.--Not later than the seventh day of each month 
beginning with the second full month after the date of the enactment of 
this Act, the Commissioner of U.S. Customs and Border Protection shall 
publish on a publicly available website of the Department of Homeland 
Security information relating to the total number of alien encounters 
and nationalities, unique alien encounters and nationalities, gang 
affiliated apprehensions and nationalities, drug seizures, alien 
encounters included in the terrorist screening database and 
nationalities, arrests of criminal aliens or individuals wanted by law 
enforcement and nationalities, known got aways, encounters with 
deceased aliens, and all other related or associated statistics 
recorded by U.S. Customs and Border Protection during the immediately 
preceding month. Each such publication shall include the following:
            (1) The aggregate such number, and such number 
        disaggregated by geographic regions, of such recordings and 
        encounters, including specifications relating to whether such 
        recordings and encounters were at the southwest, northern, or 
        maritime border.
            (2) An identification of the Office of Field Operations 
        field office, U.S. Border Patrol sector, or Air and Marine 
        Operations branch making each recording or encounter.
            (3) Information relating to whether each recording or 
        encounter of an alien was of a single adult, an unaccompanied 
        alien child, or an individual in a family unit.
            (4) Information relating to the processing disposition of 
        each alien recording or encounter.
            (5) Information relating to the nationality of each alien 
        who is the subject of each recording or encounter.
            (6) The total number of individuals included in the 
        terrorist screening database (as such term is defined in 
        section 2101 of the Homeland Security Act of 2002 (6 U.S.C. 
        621)) who have repeatedly attempted to cross unlawfully into 
        the United States.
            (7) The total number of individuals included in the 
        terrorist screening database who have been apprehended, 
        including information relating to whether such individuals were 
        released into the United States or removed.
    (b) Exceptions.--If the Commissioner of U.S. Customs and Border 
Protection in any month does not publish the information required under 
subsection (a), or does not publish such information by the date 
specified in such subsection, the Commissioner shall brief the 
Committee on Homeland Security of the House of Representatives and the 
Committee on Homeland Security and Governmental Affairs of the Senate 
regarding the reason relating thereto, as the case may be, by not later 
than the date that is two business days after the tenth day of such 
month.
    (c) Definitions.--In this section:
            (1) Alien encounters.--The term ``alien encounters'' means 
        aliens apprehended, determined inadmissible, or processed for 
        removal by U.S. Customs and Border Protection.
            (2) Got away.--The term ``got away'' has the meaning given 
        such term in section 1092(a) of the National Defense 
        Authorization Act for Fiscal Year 2017 (6 U.S.C. 223(a)).
            (3) Terrorist screening database.--The term ``terrorist 
        screening database'' has the meaning given such term in section 
        2101 of the Homeland Security Act of 2002 (6 U.S.C. 621).
            (4) Unaccompanied alien child.--The term ``unaccompanied 
        alien child'' has the meaning given such term in section 462(g) 
        of the Homeland Security Act of 2002 (6 U.S.C. 279(g)).

SEC. 118. ALIEN CRIMINAL BACKGROUND CHECKS.

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

SEC. 119. PROHIBITED IDENTIFICATION DOCUMENTS AT AIRPORT SECURITY 
              CHECKPOINTS; NOTIFICATION TO IMMIGRATION AGENCIES.

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

SEC. 120. PROHIBITION AGAINST ANY COVID-19 VACCINE MANDATE OR ADVERSE 
              ACTION AGAINST DHS EMPLOYEES.

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

SEC. 121. CBP ONE APP LIMITATION.

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

SEC. 122. REPORT ON MEXICAN DRUG CARTELS.

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

SEC. 123. GAO STUDY ON COSTS INCURRED BY STATES TO SECURE THE SOUTHWEST 
              BORDER.

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

SEC. 124. REPORT BY INSPECTOR GENERAL OF THE DEPARTMENT OF HOMELAND 
              SECURITY.

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

SEC. 125. OFFSETTING AUTHORIZATIONS OF APPROPRIATIONS.

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

SEC. 126. REPORT TO CONGRESS ON FOREIGN TERRORIST ORGANIZATIONS.

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

SEC. 127. ASSESSMENT BY INSPECTOR GENERAL OF THE DEPARTMENT OF HOMELAND 
              SECURITY ON THE MITIGATION OF UNMANNED AIRCRAFT SYSTEMS 
              AT THE SOUTHWEST BORDER.

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

        DIVISION B--IMMIGRATION ENFORCEMENT AND FOREIGN AFFAIRS

              TITLE I--ASYLUM REFORM AND BORDER PROTECTION

SEC. 101. SAFE THIRD COUNTRY.

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

SEC. 102. CREDIBLE FEAR INTERVIEWS.

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

SEC. 103. CLARIFICATION OF ASYLUM ELIGIBILITY.

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

SEC. 104. EXCEPTIONS.

    Paragraph (2) of section 208(b) of the Immigration and Nationality 
Act (8 U.S.C. 1158(b)(2)) is amended to read as follows:
            ``(2) Exceptions.--
                    ``(A) In general.--Paragraph (1) shall not apply to 
                an alien if the Secretary of Homeland Security or the 
                Attorney General determines that--
                            ``(i) the alien ordered, incited, assisted, 
                        or otherwise participated in the persecution of 
                        any person on account of race, religion, 
                        nationality, membership in a particular social 
                        group, or political opinion;
                            ``(ii) the alien has been convicted of any 
                        felony under Federal, State, Tribal, or local 
                        law;
                            ``(iii) the alien has been convicted of any 
                        misdemeanor offense under Federal, State, 
                        Tribal, or local law involving--
                                    ``(I) the unlawful possession or 
                                use of an identification document, 
                                authentication feature, or false 
                                identification document (as those terms 
                                and phrases are defined in the 
                                jurisdiction where the conviction 
                                occurred), unless the alien can 
                                establish that the conviction resulted 
                                from circumstances showing that--
                                            ``(aa) the document or 
                                        feature was presented before 
                                        boarding a common carrier;
                                            ``(bb) the document or 
                                        feature related to the alien's 
                                        eligibility to enter the United 
                                        States;
                                            ``(cc) the alien used the 
                                        document or feature to depart a 
                                        country wherein the alien has 
                                        claimed a fear of persecution; 
                                        and
                                            ``(dd) the alien claimed a 
                                        fear of persecution without 
                                        delay upon presenting himself 
                                        or herself to an immigration 
                                        officer upon arrival at a 
                                        United States port of entry;
                                    ``(II) the unlawful receipt of a 
                                Federal public benefit (as defined in 
                                section 401(c) of the Personal 
                                Responsibility and Work Opportunity 
                                Reconciliation Act of 1996 (8 U.S.C. 
                                1611(c))), from a Federal entity, or 
                                the unlawful receipt of similar public 
                                benefits from a State, tribal, or local 
                                entity; or
                                    ``(III) possession or trafficking 
                                of a controlled substance or controlled 
                                substance paraphernalia, as those 
                                phrases are defined under the law of 
                                the jurisdiction where the conviction 
                                occurred, other than a single offense 
                                involving possession for one's own use 
                                of 30 grams or less of marijuana (as 
                                marijuana is defined under the law of 
                                the jurisdiction where the conviction 
                                occurred);
                            ``(iv) the alien has been convicted of an 
                        offense arising under paragraph (1)(A) or (2) 
                        of section 274(a), or under section 276;
                            ``(v) the alien has been convicted of a 
                        Federal, State, Tribal, or local crime that the 
                        Attorney General or Secretary of Homeland 
                        Security knows, or has reason to believe, was 
                        committed in support, promotion, or furtherance 
                        of the activity of a criminal street gang (as 
                        defined under the law of the jurisdiction where 
                        the conviction occurred or in section 521(a) of 
                        title 18, United States Code);
                            ``(vi) the alien has been convicted of an 
                        offense for driving while intoxicated or 
                        impaired, as those terms are defined under the 
                        law of the jurisdiction where the conviction 
                        occurred (including a conviction for driving 
                        while under the influence of or impaired by 
                        alcohol or drugs), without regard to whether 
                        the conviction is classified as a misdemeanor 
                        or felony under Federal, State, Tribal, or 
                        local law, in which such intoxicated or 
                        impaired driving was a cause of serious bodily 
                        injury or death of another person;
                            ``(vii) the alien has been convicted of 
                        more than one offense for driving while 
                        intoxicated or impaired, as those terms are 
                        defined under the law of the jurisdiction where 
                        the conviction occurred (including a conviction 
                        for driving while under the influence of or 
                        impaired by alcohol or drugs), without regard 
                        to whether the conviction is classified as a 
                        misdemeanor or felony under Federal, State, 
                        Tribal, or local law;
                            ``(viii) the alien has been convicted of a 
                        crime--
                                    ``(I) that involves conduct 
                                amounting to a crime of stalking;
                                    ``(II) of child abuse, child 
                                neglect, or child abandonment; or
                                    ``(III) that involves conduct 
                                amounting to a domestic assault or 
                                battery offense, including--
                                            ``(aa) a misdemeanor crime 
                                        of domestic violence, as 
                                        described in section 921(a)(33) 
                                        of title 18, United States 
                                        Code;
                                            ``(bb) a crime of domestic 
                                        violence, as described in 
                                        section 40002(a)(12) of the 
                                        Violence Against Women Act of 
                                        1994 (34 U.S.C. 12291(a)(12)); 
                                        or
                                            ``(cc) any crime based on 
                                        conduct in which the alien 
                                        harassed, coerced, intimidated, 
                                        voluntarily or recklessly used 
                                        (or threatened to use) force or 
                                        violence against, or inflicted 
                                        physical injury or physical 
                                        pain, however slight, upon a 
                                        person--

                                                    ``(AA) who is a 
                                                current or former 
                                                spouse of the alien;

                                                    ``(BB) with whom 
                                                the alien shares a 
                                                child;

                                                    ``(CC) who is 
                                                cohabitating with, or 
                                                who has cohabitated 
                                                with, the alien as a 
                                                spouse;

                                                    ``(DD) who is 
                                                similarly situated to a 
                                                spouse of the alien 
                                                under the domestic or 
                                                family violence laws of 
                                                the jurisdiction where 
                                                the offense occurred; 
                                                or

                                                    ``(EE) who is 
                                                protected from that 
                                                alien's acts under the 
                                                domestic or family 
                                                violence laws of the 
                                                United States or of any 
                                                State, Tribal 
                                                government, or unit of 
                                                local government;

                            ``(ix) the alien has engaged in acts of 
                        battery or extreme cruelty upon a person and 
                        the person--
                                    ``(I) is a current or former spouse 
                                of the alien;
                                    ``(II) shares a child with the 
                                alien;
                                    ``(III) cohabitates or has 
                                cohabitated with the alien as a spouse;
                                    ``(IV) is similarly situated to a 
                                spouse of the alien under the domestic 
                                or family violence laws of the 
                                jurisdiction where the offense 
                                occurred; or
                                    ``(V) is protected from that 
                                alien's acts under the domestic or 
                                family violence laws of the United 
                                States or of any State, Tribal 
                                government, or unit of local 
                                government;
                            ``(x) the alien, having been convicted by a 
                        final judgment of a particularly serious crime, 
                        constitutes a danger to the community of the 
                        United States;
                            ``(xi) there are serious reasons for 
                        believing that the alien has committed a 
                        serious nonpolitical crime outside the United 
                        States prior to the arrival of the alien in the 
                        United States;
                            ``(xii) there are reasonable grounds for 
                        regarding the alien as a danger to the security 
                        of the United States;
                            ``(xiii) the alien is described in 
                        subclause (I), (II), (III), (IV), or (VI) of 
                        section 212(a)(3)(B)(i) or section 237(a)(4)(B) 
                        (relating to terrorist activity), unless, in 
                        the case only of an alien inadmissible under 
                        subclause (IV) of section 212(a)(3)(B)(i), the 
                        Secretary of Homeland Security or the Attorney 
                        General determines, in the Secretary's or the 
                        Attorney General's discretion, that there are 
                        not reasonable grounds for regarding the alien 
                        as a danger to the security of the United 
                        States;
                            ``(xiv) the alien was firmly resettled in 
                        another country prior to arriving in the United 
                        States; or
                            ``(xv) there are reasonable grounds for 
                        concluding the alien could avoid persecution by 
                        relocating to another part of the alien's 
                        country of nationality or, in the case of an 
                        alien having no nationality, another part of 
                        the alien's country of last habitual residence.
                    ``(B) Special rules.--
                            ``(i) Particularly serious crime; serious 
                        nonpolitical crime outside the united states.--
                                    ``(I) In general.--For purposes of 
                                subparagraph (A)(x), the Attorney 
                                General or Secretary of Homeland 
                                Security, in their discretion, may 
                                determine that a conviction constitutes 
                                a particularly serious crime based on--
                                            ``(aa) the nature of the 
                                        conviction;
                                            ``(bb) the type of sentence 
                                        imposed; or
                                            ``(cc) the circumstances 
                                        and underlying facts of the 
                                        conviction.
                                    ``(II) Determination.--In making a 
                                determination under subclause (I), the 
                                Attorney General or Secretary of 
                                Homeland Security may consider all 
                                reliable information and is not limited 
                                to facts found by the criminal court or 
                                provided in the underlying record of 
                                conviction.
                                    ``(III) Treatment of felonies.--In 
                                making a determination under subclause 
                                (I), an alien who has been convicted of 
                                a felony (as defined under this 
                                section) or an aggravated felony (as 
                                defined under section 101(a)(43)), 
                                shall be considered to have been 
                                convicted of a particularly serious 
                                crime.
                                    ``(IV) Interpol red notice.--In 
                                making a determination under 
                                subparagraph (A)(xi), an Interpol Red 
                                Notice may constitute reliable evidence 
                                that the alien has committed a serious 
                                nonpolitical crime outside the United 
                                States.
                            ``(ii) Crimes and exceptions.--
                                    ``(I) Driving while intoxicated or 
                                impaired.--A finding under subparagraph 
                                (A)(vi) does not require the Attorney 
                                General or Secretary of Homeland 
                                Security to find the first conviction 
                                for driving while intoxicated or 
                                impaired (including a conviction for 
                                driving while under the influence of or 
                                impaired by alcohol or drugs) as a 
                                predicate offense. The Attorney General 
                                or Secretary of Homeland Security need 
                                only make a factual determination that 
                                the alien previously was convicted for 
                                driving while intoxicated or impaired 
                                as those terms are defined under the 
                                jurisdiction where the conviction 
                                occurred (including a conviction for 
                                driving while under the influence of or 
                                impaired by alcohol or drugs).
                                    ``(II) Stalking and other crimes.--
                                In making a determination under 
                                subparagraph (A)(viii), including 
                                determining the existence of a domestic 
                                relationship between the alien and the 
                                victim, the underlying conduct of the 
                                crime may be considered, and the 
                                Attorney General or Secretary of 
                                Homeland Security is not limited to 
                                facts found by the criminal court or 
                                provided in the underlying record of 
                                conviction.
                                    ``(III) Battery or extreme 
                                cruelty.--In making a determination 
                                under subparagraph (A)(ix), the phrase 
                                `battery or extreme cruelty' includes--
                                            ``(aa) any act or 
                                        threatened act of violence, 
                                        including any forceful 
                                        detention, which results or 
                                        threatens to result in physical 
                                        or mental injury;
                                            ``(bb) psychological or 
                                        sexual abuse or exploitation, 
                                        including rape, molestation, 
                                        incest, or forced prostitution, 
                                        shall be considered acts of 
                                        violence; and
                                            ``(cc) other abusive acts, 
                                        including acts that, in and of 
                                        themselves, may not initially 
                                        appear violent, but that are a 
                                        part of an overall pattern of 
                                        violence.
                                    ``(IV) Exception for victims of 
                                domestic violence.--An alien who was 
                                convicted of an offense described in 
                                clause (viii) or (ix) of subparagraph 
                                (A) is not ineligible for asylum on 
                                that basis if the alien satisfies the 
                                criteria under section 237(a)(7)(A).
                    ``(C) Specific circumstances.--Paragraph (1) shall 
                not apply to an alien whose claim is based on--
                            ``(i) personal animus or retribution, 
                        including personal animus in which the alleged 
                        persecutor has not targeted, or manifested an 
                        animus against, other members of an alleged 
                        particular social group in addition to the 
                        member who has raised the claim at issue;
                            ``(ii) the applicant's generalized 
                        disapproval of, disagreement with, or 
                        opposition to criminal, terrorist, gang, 
                        guerilla, or other non-state organizations 
                        absent expressive behavior in furtherance of a 
                        discrete cause against such organizations 
                        related to control of a State or expressive 
                        behavior that is antithetical to the State or a 
                        legal unit of the State;
                            ``(iii) the applicant's resistance to 
                        recruitment or coercion by guerrilla, criminal, 
                        gang, terrorist, or other non-state 
                        organizations;
                            ``(iv) the targeting of the applicant for 
                        criminal activity for financial gain based on 
                        wealth or affluence or perceptions of wealth or 
                        affluence;
                            ``(v) the applicant's criminal activity; or
                            ``(vi) the applicant's perceived, past or 
                        present, gang affiliation.
                    ``(D) Definitions and clarifications.--
                            ``(i) Definitions.--For purposes of this 
                        paragraph:
                                    ``(I) Felony.--The term `felony' 
                                means--
                                            ``(aa) any crime defined as 
                                        a felony by the relevant 
                                        jurisdiction (Federal, State, 
                                        Tribal, or local) of 
                                        conviction; or
                                            ``(bb) any crime punishable 
                                        by more than one year of 
                                        imprisonment.
                                    ``(II) Misdemeanor.--The term 
                                `misdemeanor' means--
                                            ``(aa) any crime defined as 
                                        a misdemeanor by the relevant 
                                        jurisdiction (Federal, State, 
                                        Tribal, or local) of 
                                        conviction; or
                                            ``(bb) any crime not 
                                        punishable by more than one 
                                        year of imprisonment.
                            ``(ii) Clarifications.--
                                    ``(I) Construction.--For purposes 
                                of this paragraph, whether any activity 
                                or conviction also may constitute a 
                                basis for removal is immaterial to a 
                                determination of asylum eligibility.
                                    ``(II) Attempt, conspiracy, or 
                                solicitation.--For purposes of this 
                                paragraph, all references to a criminal 
                                offense or criminal conviction shall be 
                                deemed to include any attempt, 
                                conspiracy, or solicitation to commit 
                                the offense or any other inchoate form 
                                of the offense.
                                    ``(III) Effect of certain orders.--
                                            ``(aa) In general.--No 
                                        order vacating a conviction, 
                                        modifying a sentence, 
                                        clarifying a sentence, or 
                                        otherwise altering a conviction 
                                        or sentence shall have any 
                                        effect under this paragraph 
                                        unless the Attorney General or 
                                        Secretary of Homeland Security 
                                        determines that--

                                                    ``(AA) the court 
                                                issuing the order had 
                                                jurisdiction and 
                                                authority to do so; and

                                                    ``(BB) the order 
                                                was not entered for 
                                                rehabilitative purposes 
                                                or for purposes of 
                                                ameliorating the 
                                                immigration 
                                                consequences of the 
                                                conviction or sentence.

                                            ``(bb) Ameliorating 
                                        immigration consequences.--For 
                                        purposes of item (aa)(BB), the 
                                        order shall be presumed to be 
                                        for the purpose of ameliorating 
                                        immigration consequences if--

                                                    ``(AA) the order 
                                                was entered after the 
                                                initiation of any 
                                                proceeding to remove 
                                                the alien from the 
                                                United States; or

                                                    ``(BB) the alien 
                                                moved for the order 
                                                more than one year 
                                                after the date of the 
                                                original order of 
                                                conviction or 
                                                sentencing, whichever 
                                                is later.

                                            ``(cc) Authority of 
                                        immigration judge.--An 
                                        immigration judge is not 
                                        limited to consideration only 
                                        of material included in any 
                                        order vacating a conviction, 
                                        modifying a sentence, or 
                                        clarifying a sentence to 
                                        determine whether such order 
                                        should be given any effect 
                                        under this paragraph, but may 
                                        consider such additional 
                                        information as the immigration 
                                        judge determines appropriate.
                    ``(E) Additional limitations.--The Secretary of 
                Homeland Security or the Attorney General may by 
                regulation establish additional limitations and 
                conditions, consistent with this section, under which 
                an alien shall be ineligible for asylum under paragraph 
                (1).
                    ``(F) No judicial review.--There shall be no 
                judicial review of a determination of the Secretary of 
                Homeland Security or the Attorney General under 
                subparagraph (A)(xiii).''.

SEC. 105. EMPLOYMENT AUTHORIZATION.

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

SEC. 106. ASYLUM FEES.

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

SEC. 107. RULES FOR DETERMINING ASYLUM ELIGIBILITY.

    Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158) 
is amended by adding at the end the following:
    ``(f) Rules for Determining Asylum Eligibility.--In making a 
determination under subsection (b)(1)(A) with respect to whether an 
alien is a refugee within the meaning of section 101(a)(42)(A), the 
following shall apply:
            ``(1) Particular social group.--The Secretary of Homeland 
        Security or the Attorney General shall not determine that an 
        alien is a member of a particular social group unless the alien 
        articulates on the record, or provides a basis on the record 
        for determining, the definition and boundaries of the alleged 
        particular social group, establishes that the particular social 
        group exists independently from the alleged persecution, and 
        establishes that the alien's claim of membership in a 
        particular social group does not involve--
                    ``(A) past or present criminal activity or 
                association (including gang membership);
                    ``(B) presence in a country with generalized 
                violence or a high crime rate;
                    ``(C) being the subject of a recruitment effort by 
                criminal, terrorist, or persecutory groups;
                    ``(D) the targeting of the applicant for criminal 
                activity for financial gain based on perceptions of 
                wealth or affluence;
                    ``(E) interpersonal disputes of which governmental 
                authorities in the relevant society or region were 
                unaware or uninvolved;
                    ``(F) private criminal acts of which governmental 
                authorities in the relevant society or region were 
                unaware or uninvolved;
                    ``(G) past or present terrorist activity or 
                association;
                    ``(H) past or present persecutory activity or 
                association; or
                    ``(I) status as an alien returning from the United 
                States.
            ``(2) Political opinion.--The Secretary of Homeland 
        Security or the Attorney General may not determine that an 
        alien holds a political opinion with respect to which the alien 
        is subject to persecution if the political opinion is 
        constituted solely by generalized disapproval of, disagreement 
        with, or opposition to criminal, terrorist, gang, guerilla, or 
        other non-state organizations and does not include expressive 
        behavior in furtherance of a cause against such organizations 
        related to efforts by the State to control such organizations 
        or behavior that is antithetical to or otherwise opposes the 
        ruling legal entity of the State or a unit thereof.
            ``(3) Persecution.--The Secretary of Homeland Security or 
        the Attorney General may not determine that an alien has been 
        subject to persecution or has a well-founded fear of 
        persecution based only on--
                    ``(A) the existence of laws or government policies 
                that are unenforced or infrequently enforced, unless 
                there is credible evidence that such a law or policy 
                has been or would be applied to the applicant 
                personally; or
                    ``(B) the conduct of rogue foreign government 
                officials acting outside the scope of their official 
                capacity.
            ``(4) Discretionary determination.--
                    ``(A) Adverse discretionary factors.--The Secretary 
                of Homeland Security or the Attorney General may only 
                grant asylum to an alien if the alien establishes that 
                he or she warrants a favorable exercise of discretion. 
                In making such a determination, the Attorney General or 
                Secretary of Homeland Security shall consider, if 
                applicable, an alien's use of fraudulent documents to 
                enter the United States, unless the alien arrived in 
                the United States by air, sea, or land directly from 
                the applicant's home country without transiting through 
                any other country.
                    ``(B) Favorable exercise of discretion not 
                permitted.--Except as provided in subparagraph (C), the 
                Attorney General or Secretary of Homeland Security 
                shall not favorably exercise discretion under this 
                section for any alien who--
                            ``(i) has accrued more than one year of 
                        unlawful presence in the United States, as 
                        defined in sections 212(a)(9)(B)(ii) and (iii), 
                        prior to filing an application for asylum;
                            ``(ii) at the time the asylum application 
                        is filed with the immigration court or is 
                        referred from the Department of Homeland 
                        Security, has--
                                    ``(I) failed to timely file (or 
                                timely file a request for an extension 
                                of time to file) any required Federal, 
                                State, or local income tax returns;
                                    ``(II) failed to satisfy any 
                                outstanding Federal, State, or local 
                                tax obligations; or
                                    ``(III) income that would result in 
                                tax liability under section 1 of the 
                                Internal Revenue Code of 1986 and that 
                                was not reported to the Internal 
                                Revenue Service;
                            ``(iii) has had two or more prior asylum 
                        applications denied for any reason;
                            ``(iv) has withdrawn a prior asylum 
                        application with prejudice or been found to 
                        have abandoned a prior asylum application;
                            ``(v) failed to attend an interview 
                        regarding his or her asylum application with 
                        the Department of Homeland Security, unless the 
                        alien shows by a preponderance of the evidence 
                        that--
                                    ``(I) exceptional circumstances 
                                prevented the alien from attending the 
                                interview; or
                                    ``(II) the interview notice was not 
                                mailed to the last address provided by 
                                the alien or the alien's representative 
                                and neither the alien nor the alien's 
                                representative received notice of the 
                                interview; or
                            ``(vi) was subject to a final order of 
                        removal, deportation, or exclusion and did not 
                        file a motion to reopen to seek asylum based on 
                        changed country conditions within one year of 
                        the change in country conditions.
                    ``(C) Exceptions.--If one or more of the adverse 
                discretionary factors set forth in subparagraph (B) are 
                present, the Attorney General or the Secretary, may, 
                notwithstanding such subparagraph (B), favorably 
                exercise discretion under section 208--
                            ``(i) in extraordinary circumstances, such 
                        as those involving national security or foreign 
                        policy considerations; or
                            ``(ii) if the alien, by clear and 
                        convincing evidence, demonstrates that the 
                        denial of the application for asylum would 
                        result in exceptional and extremely unusual 
                        hardship to the alien.
            ``(5) Limitation.--If the Secretary or the Attorney General 
        determines that an alien fails to satisfy the requirement under 
        paragraph (1), the alien may not be granted asylum based on 
        membership in a particular social group, and may not appeal the 
        determination of the Secretary or Attorney General, as 
        applicable. A determination under this paragraph shall not 
        serve as the basis for any motion to reopen or reconsider an 
        application for asylum or withholding of removal for any 
        reason, including a claim of ineffective assistance of counsel, 
        unless the alien complies with the procedural requirements for 
        such a motion and demonstrates that counsel's failure to 
        define, or provide a basis for defining, a formulation of a 
        particular social group was both not a strategic choice and 
        constituted egregious conduct.
            ``(6) Stereotypes.--Evidence offered in support of an 
        application for asylum that promotes cultural stereotypes about 
        a country, its inhabitants, or an alleged persecutor, including 
        stereotypes based on race, religion, nationality, or gender, 
        shall not be admissible in adjudicating that application, 
        except that evidence that an alleged persecutor holds 
        stereotypical views of the applicant shall be admissible.
            ``(7) Definitions.--In this section:
                    ``(A) The term `membership in a particular social 
                group' means membership in a group that is--
                            ``(i) composed of members who share a 
                        common immutable characteristic;
                            ``(ii) defined with particularity; and
                            ``(iii) socially distinct within the 
                        society in question.
                    ``(B) The term `political opinion' means an ideal 
                or conviction in support of the furtherance of a 
                discrete cause related to political control of a state 
                or a unit thereof.
                    ``(C) The term `persecution' means the infliction 
                of a severe level of harm constituting an exigent 
                threat by the government of a country or by persons or 
                an organization that the government was unable or 
                unwilling to control. Such term does not include--
                            ``(i) generalized harm or violence that 
                        arises out of civil, criminal, or military 
                        strife in a country;
                            ``(ii) all treatment that the United States 
                        regards as unfair, offensive, unjust, unlawful, 
                        or unconstitutional;
                            ``(iii) intermittent harassment, including 
                        brief detentions;
                            ``(iv) threats with no actual effort to 
                        carry out the threats, except that 
                        particularized threats of severe harm of an 
                        immediate and menacing nature made by an 
                        identified entity may constitute persecution; 
                        or
                            ``(v) non-severe economic harm or property 
                        damage.''.

SEC. 108. FIRM RESETTLEMENT.

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

SEC. 109. NOTICE CONCERNING FRIVOLOUS ASYLUM APPLICATIONS.

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

SEC. 110. TECHNICAL AMENDMENTS.

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

SEC. 111. REQUIREMENT FOR PROCEDURES RELATING TO CERTAIN ASYLUM 
              APPLICATIONS.

    (a) In General.--Not later than 30 days after the date of the 
enactment of this Act, the Attorney General shall establish procedures 
to expedite the adjudication of asylum applications for aliens--
            (1) who are subject to removal proceedings under section 
        240 of the Immigration and Nationality Act (8 U.S.C. 1229a); 
        and
            (2) who are nationals of a Western Hemisphere country 
        sanctioned by the United States, as described in subsection 
        (b), as of January 1, 2024.
    (b) Western Hemisphere Country Sanctioned by the United States 
Described.--Subsection (a) shall apply only to an asylum application 
filed by an alien who is a national of a Western Hemisphere country 
subject to sanctions pursuant to--
            (1) the Cuban Liberty and Democratic Solidarity (LIBERTAD) 
        Act of 1996 (22 U.S.C. 6021 note);
            (2) the Reinforcing Nicaragua's Adherence to Conditions for 
        Electoral Reform Act of 2021 or the RENACER Act (50 U.S.C. 1701 
        note); or
            (3) Executive Order 13692 (80 Fed. Reg. 12747; declaring a 
        national emergency with respect to the situation in Venezuela).
    (c) Applicability.--This section shall only apply to an alien who 
files an application for asylum after the date of the enactment of this 
Act.

             TITLE II--BORDER SAFETY AND MIGRANT PROTECTION

SEC. 201. INSPECTION OF APPLICANTS FOR ADMISSION.

    Section 235 of the Immigration and Nationality Act (8 U.S.C. 1225) 
is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A)--
                                    (I) in clauses (i) and (ii), by 
                                striking ``section 212(a)(6)(C)'' 
                                inserting ``subparagraph (A) or (C) of 
                                section 212(a)(6)''; and
                                    (II) by adding at the end the 
                                following:
                            ``(iv) Ineligibility for parole.--An alien 
                        described in clause (i) or (ii) shall not be 
                        eligible for parole except as expressly 
                        authorized pursuant to section 212(d)(5), or 
                        for parole or release pursuant to section 
                        236(a).''; and
                            (ii) in subparagraph (B)--
                                    (I) in clause (ii), by striking 
                                ``asylum.'' and inserting ``asylum and 
                                shall not be released (including 
                                pursuant to parole or release pursuant 
                                to section 236(a) but excluding as 
                                expressly authorized pursuant to 
                                section 212(d)(5)) other than to be 
                                removed or returned to a country as 
                                described in paragraph (3).''; and
                                    (II) in clause (iii)(IV)--
                                            (aa) in the header by 
                                        striking ``detention'' and 
                                        inserting ``detention, return, 
                                        or removal''; and
                                            (bb) by adding at the end 
                                        the following: ``The alien 
                                        shall not be released 
                                        (including pursuant to parole 
                                        or release pursuant to section 
                                        236(a) but excluding as 
                                        expressly authorized pursuant 
                                        to section 212(d)(5)) other 
                                        than to be removed or returned 
                                        to a country as described in 
                                        paragraph (3).'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``Subject to 
                                subparagraphs (B) and (C),'' and 
                                inserting ``Subject to subparagraph (B) 
                                and paragraph (3),''; and
                                    (II) by adding at the end the 
                                following: ``The alien shall not be 
                                released (including pursuant to parole 
                                or release pursuant to section 236(a) 
                                but excluding as expressly authorized 
                                pursuant to section 212(d)(5)) other 
                                than to be removed or returned to a 
                                country as described in paragraph 
                                (3).''; and
                            (ii) by striking subparagraph (C);
                    (C) by redesignating paragraph (3) as paragraph 
                (5); and
                    (D) by inserting after paragraph (2) the following:
            ``(3) Return to foreign territory contiguous to the united 
        states.--
                    ``(A) In general.--The Secretary of Homeland 
                Security may return to a foreign territory contiguous 
                to the United States any alien arriving on land from 
                that territory (whether or not at a designated port of 
                entry) pending a proceeding under section 240 or review 
                of a determination under subsection 
                (b)(1)(B)(iii)(III).
                    ``(B) Mandatory return.--If at any time the 
                Secretary of Homeland Security cannot--
                            ``(i) comply with its obligations to detain 
                        an alien as required under clauses (ii) and 
                        (iii)(IV) of subsection (b)(1)(B) and 
                        subsection (b)(2)(A); or
                            ``(ii) remove an alien to a country 
                        described in section 208(a)(2)(A),
                the Secretary of Homeland Security shall, without 
                exception, including pursuant to parole or release 
                pursuant to section 236(a) but excluding as expressly 
                authorized pursuant to section 212(d)(5), return to a 
                foreign territory contiguous to the United States any 
                alien arriving on land from that territory (whether or 
                not at a designated port of entry) pending a proceeding 
                under section 240 or review of a determination under 
                subsection (b)(1)(B)(iii)(III).
            ``(4) Enforcement by state attorneys general.--The attorney 
        general of a State, or other authorized State officer, alleging 
        a violation of the detention, return, or removal requirements 
        under paragraph (1), (2), or (3) that affects such State or its 
        residents, may bring an action against the Secretary of 
        Homeland Security on behalf of the residents of the State in an 
        appropriate United States district court to obtain appropriate 
        injunctive relief.''; and
            (2) by adding at the end the following:
    ``(e) Authority To Prohibit Introduction of Certain Aliens.--If the 
Secretary of Homeland Security determines, in his discretion, that the 
prohibition of the introduction of aliens who are inadmissible under 
subparagraph (A) or (C) of section 212(a)(6) or under section 212(a)(7) 
at an international land or maritime border of the United States is 
necessary to achieve operational control (as defined in section 2 of 
the Secure Fence Act of 2006 (8 U.S.C. 1701 note)) of such border, the 
Secretary may prohibit, in whole or in part, the introduction of such 
aliens at such border for such period of time as the Secretary 
determines is necessary for such purpose.''.

SEC. 202. OPERATIONAL DETENTION FACILITIES.

    (a) In General.--Not later than September 30, 2025, the Secretary 
of Homeland Security shall take all necessary actions to reopen or 
restore all U.S. Immigration and Customs Enforcement detention 
facilities that were in operation on January 20, 2021, that 
subsequently closed or with respect to which the use was altered, 
reduced, or discontinued after January 20, 2021. In carrying out the 
requirement under this subsection, the Secretary may use the authority 
under section 103(a)(11) of the Immigration and Nationality Act (8 
U.S.C. 1103(a)(11)).
    (b) Specific Facilities.--The requirement under subsection (a) 
shall include at a minimum, reopening, or restoring, the following 
facilities:
            (1) Irwin County Detention Center in Georgia.
            (2) C. Carlos Carreiro Immigration Detention Center in 
        Bristol County, Massachusetts.
            (3) Etowah County Detention Center in Gadsden, Alabama.
            (4) Glades County Detention Center in Moore Haven, Florida.
            (5) South Texas Family Residential Center.
    (c) Exception.--
            (1) In general.--Except as provided in paragraphs (2) and 
        (3), the Secretary of Homeland Security is authorized to obtain 
        equivalent capacity for detention facilities at locations other 
        than those listed in subsection (b).
            (2) Limitation.--The Secretary may not take action under 
        paragraph (1) unless the capacity obtained would result in a 
        reduction of time and cost relative to the cost and time 
        otherwise required to obtain such capacity.
            (3) South texas family residential center.--The exception 
        under paragraph (1) shall not apply to the South Texas Family 
        Residential Center. The Secretary shall take all necessary 
        steps to modify and operate the South Texas Family Residential 
        Center in the same manner and capability it was operating on 
        January 20, 2021.
    (d) Periodic Report.--Not later than 90 days after the date of the 
enactment of this Act, and every 90 days thereafter until September 30, 
2027, the Secretary of Homeland Security shall submit to the 
appropriate congressional committees a detailed plan for and a status 
report on--
            (1) compliance with the deadline under subsection (a);
            (2) the increase in detention capabilities required by this 
        section--
                    (A) for the 90 day period immediately preceding the 
                date such report is submitted; and
                    (B) for the period beginning on the first day of 
                the fiscal year during which the report is submitted, 
                and ending on the date such report is submitted;
            (3) the number of detention beds that were used and the 
        number of available detention beds that were not used during--
                    (A) the 90 day period immediately preceding the 
                date such report is submitted; and
                    (B) the period beginning on the first day of the 
                fiscal year during which the report is submitted, and 
                ending on the date such report is submitted;
            (4) the number of aliens released due to a lack of 
        available detention beds; and
            (5) the resources the Department of Homeland Security needs 
        in order to comply with the requirements under this section.
    (e) Notification.--The Secretary of Homeland Security shall notify 
Congress, and include with such notification a detailed description of 
the resources the Department of Homeland Security needs in order to 
detain all aliens whose detention is mandatory or nondiscretionary 
under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.)--
            (1) not later than 5 days after all U.S. Immigration and 
        Customs Enforcement detention facilities reach 90 percent of 
        capacity;
            (2) not later than 5 days after all U.S. Immigration and 
        Customs Enforcement detention facilities reach 95 percent of 
        capacity; and
            (3) not later than 5 days after all U.S. Immigration and 
        Customs Enforcement detention facilities reach full capacity.
    (f) Appropriate Congressional Committees.--In this section, the 
term ``appropriate congressional committees'' means--
            (1) the Committee on the Judiciary of the House of 
        Representatives;
            (2) the Committee on Appropriations of the House of 
        Representatives;
            (3) the Committee on the Judiciary of the Senate; and
            (4) the Committee on Appropriations of the Senate.

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

SEC. 301. UNITED STATES POLICY REGARDING WESTERN HEMISPHERE COOPERATION 
              ON IMMIGRATION AND ASYLUM.

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

SEC. 302. NEGOTIATIONS BY SECRETARY OF STATE.

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

SEC. 303. MANDATORY BRIEFINGS ON UNITED STATES EFFORTS TO ADDRESS THE 
              BORDER CRISIS.

    (a) Briefing Required.--Not later than 90 days after the date of 
the enactment of this Act, and not less frequently than once every 90 
days thereafter until the date described in subsection (b), the 
Secretary of State, or the designee of the Secretary of State, shall 
provide to the appropriate congressional committees an in-person 
briefing on efforts undertaken pursuant to the negotiation authority 
provided by section 302 of this title to monitor, deter, and prevent 
illegal immigration to the United States, including by entering into 
agreements, accords, and memoranda of understanding with foreign 
countries and by using United States foreign assistance to stem the 
root causes of migration in the Western Hemisphere.
    (b) Termination of Mandatory Briefing.--The date described in this 
subsection is the date on which the Secretary of State, in consultation 
with the heads of other relevant Federal departments and agencies, 
determines and certifies to the appropriate congressional committees 
that illegal immigration flows have subsided to a manageable rate.
    (c) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means the Committee 
on Foreign Affairs of the House of Representatives and the Committee on 
Foreign Relations of the Senate.

            TITLE IV--ENSURING UNITED FAMILIES AT THE BORDER

SEC. 401. CLARIFICATION OF STANDARDS FOR FAMILY DETENTION.

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

                    TITLE V--PROTECTION OF CHILDREN

SEC. 501. FINDINGS.

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

SEC. 502. REPATRIATION OF UNACCOMPANIED ALIEN CHILDREN.

    (a) In General.--Section 235 of the William Wilberforce Trafficking 
Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (2)--
                            (i) by amending the heading to read as 
                        follows: ``Rules for unaccompanied alien 
                        children.--'';
                            (ii) in subparagraph (A)--
                                    (I) in the matter preceding clause 
                                (i), by striking ``who is a national or 
                                habitual resident of a country that is 
                                contiguous with the United States'';
                                    (II) in clause (i), by inserting 
                                ``and'' at the end;
                                    (III) in clause (ii), by striking 
                                ``; and'' and inserting a period; and
                                    (IV) by striking clause (iii); and
                            (iii) in subparagraph (B)--
                                    (I) in the matter preceding clause 
                                (i), by striking ``(8 U.S.C. 1101 et 
                                seq.) may--'' and inserting ``(8 U.S.C. 
                                1101 et seq.)--'';
                                    (II) in clause (i), by inserting 
                                before ``permit such child to 
                                withdraw'' the following: ``may''; and
                                    (III) in clause (ii), by inserting 
                                before ``return such child'' the 
                                following: ``shall''; and
                    (B) in paragraph (5)(D)--
                            (i) in the matter preceding clause (i), by 
                        striking ``, except for an unaccompanied alien 
                        child from a contiguous country subject to 
                        exceptions under subsection (a)(2),'' and 
                        inserting ``who does not meet the criteria 
                        listed in paragraph (2)(A)''; and
                            (ii) in clause (i), by inserting before the 
                        semicolon at the end the following: ``, which 
                        shall include a hearing before an immigration 
                        judge not later than 14 days after being 
                        screened under paragraph (4)'';
            (2) in subsection (b)--
                    (A) in paragraph (2)--
                            (i) in subparagraph (A), by inserting 
                        before the semicolon the following: ``believed 
                        not to meet the criteria listed in subsection 
                        (a)(2)(A)''; and
                            (ii) in subparagraph (B), by inserting 
                        before the period the following: ``and does not 
                        meet the criteria listed in subsection 
                        (a)(2)(A)''; and
                    (B) in paragraph (3), by striking ``an 
                unaccompanied alien child in custody shall'' and all 
                that follows, and inserting the following: ``an 
                unaccompanied alien child in custody--
                    ``(A) in the case of a child who does not meet the 
                criteria listed in subsection (a)(2)(A), shall transfer 
                the custody of such child to the Secretary of Health 
                and Human Services not later than 30 days after 
                determining that such child is an unaccompanied alien 
                child who does not meet such criteria; or
                    ``(B) in the case of a child who meets the criteria 
                listed in subsection (a)(2)(A), may transfer the 
                custody of such child to the Secretary of Health and 
                Human Services after determining that such child is an 
                unaccompanied alien child who meets such criteria.''; 
                and
            (3) in subsection (c)--
                    (A) in paragraph (3), by inserting at the end the 
                following:
                    ``(D) Information about individuals with whom 
                children are placed.--
                            ``(i) Information to be provided to 
                        homeland security.--Before placing a child with 
                        an individual, the Secretary of Health and 
                        Human Services shall provide to the Secretary 
                        of Homeland Security, regarding the individual 
                        with whom the child will be placed, information 
                        on--
                                    ``(I) the name of the individual;
                                    ``(II) the social security number 
                                of the individual;
                                    ``(III) the date of birth of the 
                                individual;
                                    ``(IV) the location of the 
                                individual's residence where the child 
                                will be placed;
                                    ``(V) the immigration status of the 
                                individual, if known; and
                                    ``(VI) contact information for the 
                                individual.
                            ``(ii) Activities of the secretary of 
                        homeland security.--Not later than 30 days 
                        after receiving the information listed in 
                        clause (i), the Secretary of Homeland Security, 
                        upon determining that an individual with whom a 
                        child is placed is unlawfully present in the 
                        United States and not in removal proceedings 
                        pursuant to chapter 4 of title II of the 
                        Immigration and Nationality Act (8 U.S.C. 1221 
                        et seq.), shall initiate such removal 
                        proceedings.''; and
                    (B) in paragraph (5)--
                            (i) by inserting after ``to the greatest 
                        extent practicable'' the following: ``(at no 
                        expense to the Government)''; and
                            (ii) by striking ``have counsel to 
                        represent them'' and inserting ``have access to 
                        counsel to represent them''.
    (b) Effective Date.--The amendments made by this section shall 
apply to any unaccompanied alien child (as such term is defined in 
section 462(g) of the Homeland Security Act of 2002 (6 U.S.C. 279(g))) 
apprehended on or after the date that is 30 days after the date of the 
enactment of this Act.

SEC. 503. SPECIAL IMMIGRANT JUVENILE STATUS FOR IMMIGRANTS UNABLE TO 
              REUNITE WITH EITHER PARENT.

    Section 101(a)(27)(J) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(27)(J)) is amended--
            (1) in clause (i), by striking ``, and whose reunification 
        with 1 or both of the immigrant's parents is not viable due to 
        abuse, neglect, abandonment, or a similar basis found under 
        State law''; and
            (2) in clause (iii)--
                    (A) in subclause (I), by striking ``and'' at the 
                end;
                    (B) in subclause (II), by inserting ``and'' after 
                the semicolon; and
                    (C) by adding at the end the following:
                                    ``(III) an alien may not be granted 
                                special immigrant status under this 
                                subparagraph if the alien's 
                                reunification with any one parent or 
                                legal guardian is not precluded by 
                                abuse, neglect, abandonment, or any 
                                similar cause under State law;''.

SEC. 504. RULE OF CONSTRUCTION.

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

                   TITLE VI--VISA OVERSTAYS PENALTIES

SEC. 601. EXPANDED PENALTIES FOR ILLEGAL ENTRY OR PRESENCE.

    Section 275 of the Immigration and Nationality Act (8 U.S.C. 1325) 
is amended--
            (1) in subsection (a) by inserting after ``for a subsequent 
        commission of any such offense'' the following: ``or if the 
        alien was previously convicted of an offense under subsection 
        (e)(2)(A)'';
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking ``at least $50 
                and not more than $250'' and inserting ``not less than 
                $500 and not more than $1,000''; and
                    (B) in paragraph (2), by inserting after ``in the 
                case of an alien who has been previously subject to a 
                civil penalty under this subsection'' the following: 
                ``or subsection (e)(2)(B)''; and
            (3) by adding at the end the following:
    ``(e) Visa Overstays.--
            ``(1) In general.--An alien who was admitted as a 
        nonimmigrant has violated this paragraph if the alien, for an 
        aggregate of 10 days or more, has failed--
                    ``(A) to maintain the nonimmigrant status in which 
                the alien was admitted, or to which it was changed 
                under section 248, including complying with the period 
                of stay authorized by the Secretary of Homeland 
                Security in connection with such status; or
                    ``(B) to comply otherwise with the conditions of 
                such nonimmigrant status.
            ``(2) Penalties.--An alien who has violated paragraph (1)--
                    ``(A) shall--
                            ``(i) for the first commission of such a 
                        violation, be fined under title 18, United 
                        States Code, or imprisoned not more than 6 
                        months, or both; and
                            ``(ii) for a subsequent commission of such 
                        a violation, or if the alien was previously 
                        convicted of an offense under subsection (a), 
                        be fined under such title 18, or imprisoned not 
                        more than 2 years, or both; and
                    ``(B) in addition to, and not in lieu of, any 
                penalty under subparagraph (A) and any other criminal 
                or civil penalties that may be imposed, shall be 
                subject to a civil penalty of--
                            ``(i) not less than $500 and not more than 
                        $1,000 for each violation; or
                            ``(ii) twice the amount specified in clause 
                        (i), in the case of an alien who has been 
                        previously subject to a civil penalty under 
                        this subparagraph or subsection (b).''.

                  TITLE VII--IMMIGRATION PAROLE REFORM

SEC. 701. IMMIGRATION PAROLE REFORM.

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

SEC. 702. IMPLEMENTATION.

    (a) In General.--Except as provided in subsection (b), this title 
and the amendments made by this title shall take effect on the date 
that is 30 days after the date of the enactment of this Act.
    (b) Exceptions.--Notwithstanding subsection (a), each of the 
following exceptions apply:
            (1) Any application for parole or advance parole filed by 
        an alien before the date of the enactment of this Act shall be 
        adjudicated under the law that was in effect on the date on 
        which the application was properly filed and any approved 
        advance parole shall remain valid under the law that was in 
        effect on the date on which the advance parole was approved.
            (2) Section 212(d)(5)(J) of the Immigration and Nationality 
        Act, as added by section 701 of this title, shall take effect 
        on the date of the enactment of this Act.
            (3) Aliens who were paroled into the United States pursuant 
        to section 212(d)(5)(A) of the Immigration and Nationality Act 
        (8 U.S.C. 1182(d)(5)(A)) before January 1, 2024, shall continue 
        to be subject to the terms of parole that were in effect on the 
        date on which their respective parole was approved.

SEC. 703. CAUSE OF ACTION.

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

SEC. 704. SEVERABILITY.

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

                      TITLE VIII--DIGNITY PROGRAM

SEC. 801. ESTABLISHMENT.

    (a) In General.--There is established a program, to be known as the 
``Dignity Program'' under this subtitle, which shall provide for 
deferred action on removal and the provision of employment and travel 
authorization in the case of eligible applicants, in accordance with 
the provisions of this subtitle.
    (b) Abolition of 3- and 10-Year Bars.--For purposes of this 
subtitle, section 212(a)(9) of the Immigration and Nationality Act 
shall not apply for purposes of any person who applies and thereafter 
participates in the Dignity Program.

SEC. 802. ELIGIBILITY.

    The Secretary of Homeland Security shall approve an application to 
participate in the Dignity Program from an eligible alien subject to 
the following:
            (1) Application.--The applicant shall submit such 
        information that the Secretary determines sufficient to prove 
        the following:
                    (A) That the alien--
                            (i) has been continually physically present 
                        in the United States for a period of not less 
                        than 5 years prior to the date of enactment of 
                        this Act;
                            (ii) was granted deferred action pursuant 
                        to the Deferred Action for Childhood Arrivals 
                        policy announced by the Secretary of Homeland 
                        Security on June 15, 2012; or
                            (iii) has completed or is enrolled in post-
                        secondary schooling, including trade school or 
                        community college.
                    (B) That the alien is not inadmissible under 
                section 212(a) of the Immigration and Nationality Act 
                (except that paragraph (9) shall not apply for purposes 
                of this section).
            (2) Submission of biometric and biographic data; background 
        checks.--
                    (A) Submission of biometric and biographic data.--
                The Secretary may not approve such an application, 
                unless the alien submits biometric and biographic data, 
                in accordance with procedures established by the 
                Secretary. The Secretary shall provide an alternative 
                procedure for aliens who are unable to provide such 
                biometric or biographic data because of a physical 
                impairment.
                    (B) Background checks.--The Secretary shall use 
                biometric, biographic, and other data that the 
                Secretary determines appropriate to conduct security 
                and law enforcement background checks and to determine 
                whether there is any criminal, national security, or 
                other factor that would render the alien ineligible for 
                participation in the Dignity Program in accordance with 
                paragraph (3). The application for participation in the 
                Dignity Program may not be approved unless security and 
                law enforcement background checks are completed to the 
                satisfaction of the Secretary.
            (3) Grounds of ineligibility.--Except as provided in 
        paragraph (2), an alien is ineligible for participation in the 
        Dignity Program if, excluding any offense under State law for 
        which an essential element is the alien's immigration status, 
        and any minor traffic offense, the alien has been convicted 
        of--
                    (A) any felony offense;
                    (B) two or more misdemeanor offenses (excluding 
                simple possession of cannabis or cannabis-related 
                paraphernalia, any offense involving cannabis or 
                cannabis-related paraphernalia which is no longer 
                prosecutable in the State in which the conviction was 
                entered, and any offense involving civil disobedience 
                without violence) not occurring on the same date, and 
                not arising out of the same act, omission, or scheme of 
                misconduct; or
                    (C) a misdemeanor offense of domestic violence, 
                unless the alien demonstrates that such crime is 
                related to the alien having been--
                            (i) a victim of domestic violence, sexual 
                        assault, stalking, child abuse or neglect, 
                        abuse or neglect in later life, or human 
                        trafficking;
                            (ii) battered or subjected to extreme 
                        cruelty; or
                            (iii) a victim of criminal activity 
                        described in section 101(a)(15)(U)(iii) of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1101(a)(15)(U)(iii)).
            (4) Waivers for certain misdemeanors.--For humanitarian 
        purposes, family unity, or if otherwise in the public interest, 
        the Secretary may waive--
                    (A) the grounds of inadmissibility under 
                subparagraphs (A), (C), and (D) of section 212(a)(2) of 
                the Immigration and Nationality Act (8 U.S.C. 
                1182(a)(2)); and
                    (B) consideration of--
                            (i) one misdemeanor offense if the alien 
                        has not been convicted of any offense in the 5-
                        year period preceding the date on which the 
                        alien applies for adjustment of status; or
                            (ii) up to two misdemeanor offenses if the 
                        alien has not been convicted of any offense in 
                        the 10-year period preceding the date on which 
                        the alien applies for adjustment of status.

SEC. 803. REGISTRATION; DEPARTURE.

    (a) Registration.--Any alien approved to participate in the Dignity 
Program shall--
            (1) register with the Secretary of Homeland Security;
            (2) submit biometric and biographic data to the Secretary; 
        and
            (3) submit a sworn declaration stipulating to presence in 
        the United States without a lawful immigration status, and, as 
        appropriate, unlawful presence, in the United States.
    (b) Departure.--Not later than 24 months after the date of the 
enactment of this Act, any alien present in the United States without 
lawful status under the immigration laws shall apply for the Dignity 
Program or depart the United States.
    (c) Intentional Self-Deportation.--Any alien that voluntarily 
departs the United States not later than 24 months after the date of 
the enactment of this Act shall not be subject to the provisions of 
section 212(a)(9) of the Immigration and Nationality Act with respect 
to--
            (1) any removal ordered under section 235(b)(1) of such Act 
        or at the end of proceedings under section 240 of such Act 
        initiated upon the alien's arrival in the United States; or
            (2) any removal ordered under section 240 of such Act,
prior to the date of the enactment of this Act.
    (d) Limitation on Removal.--An alien who appears to be prima facie 
eligible for status under this subtitle during the 24-month period 
following the date of enactment of this Act may not be removed or fined 
based on their immigration status--
            (1) during such period; and
            (2) in the case that the alien applies for status under 
        this subtitle, until a final decision establishing 
        ineligibility for such status is rendered.
    (e) Exception.--This section does not apply in the case of any 
alien with a valid Notice to Appear in immigration court or with a 
pending determination on their immigration status that is not decided 
before this date.

SEC. 804. PROGRAM PARTICIPATION.

    (a) In General.--Any applicant who is approved to participate in 
the Dignity Program shall make an appointment with USCIS who shall 
issue an order deferring further action for a period of 5 years.
    (b) Conditions.--Each participant in the Dignity Program shall 
conform to the following:
            (1) Report.--The participant shall biennially report to the 
        Secretary of Homeland Security and provide the following 
        information:
                    (A) Place of residence.
                    (B) Testimony as to good standing within the 
                community.
            (2) Lawful conduct.--The participant shall comply with all 
        Federal and State laws.
            (3) Employment.--The participant shall remain, for a period 
        of not less than 4 years during their participation in the 
        Dignity Program, employed (including self-employment and 
        serving as a caregiver) or enrolled in a course of study at an 
        institute of higher education, as defined in section 102 of the 
        Higher Education Act of 1965 (20 U.S.C. 1002), or an area 
        career and technical education school, as defined in section 3 
        of the Carl D. Perkins Career and Technical Education Act of 
        2006 (20 U.S.C. 2302). The Secretary may waive the application 
        of this paragraph in the case of any alien with dependents 
        under the age of 12, any alien the Secretary determines would 
        be unable to reasonably comply by reason of a disability or 
        other impediment, or anyone above 65 years of age.
            (4) Taxes.--The participant shall pay any applicable taxes 
        and satisfy any tax obligations outstanding within 10 years of 
        the date of application approval.
            (5) Support dependents.--The participant shall support any 
        dependents including by providing food, shelter, clothing, 
        education, and covering basic medical needs.
            (6) Medical costs.--
                    (A) In general.--The participant shall be enrolled 
                under qualifying health coverage.
                    (B) Definition.--For purposes of this paragraph, 
                the term ``qualifying health coverage'' means, with 
                respect to the participant, the higher of the following 
                levels of coverage applicable to such alien:
                            (i) At a minimum, catastrophic health 
                        insurance coverage that provides coverage of 
                        such individual with respect to at least the 
                        State of employment and State of residence of 
                        the alien.
                            (ii) In the case of an alien whose State of 
                        residence or State of employment requires such 
                        an alien to maintain coverage under health 
                        insurance, such health insurance.
            (7) Public benefits.--Beginning on the date of 
        participation in the Dignity Program, the participant shall not 
        avail himself or herself of any Federal means-tested benefits 
        or entitlement programs. For purposes of this paragraph, any 
        benefits received by a child or dependent that is a United 
        States citizen living in the same household shall not be taken 
        into account.
            (8) Levy.--In addition to other taxes, there is hereby 
        imposed on the income of every participant a tax equal to 1.5 
        percent of the adjusted gross income (as defined in section 
        3121(a) of the Internal Revenue Code of 1986) received by the 
        individual with respect to employment (as defined in section 
        3121(b) the Internal Revenue Code of 1986). The participant 
        shall comply with the requirements of section 9512 of the 
        Internal Revenue Code of 1986.
            (9) Exemption from certain payroll taxes.--A participant 
        shall not be liable for any tax under section 3101 or 3102 of 
        the Internal Revenue Code of 1986.
    (c) Authorizing Participants Approved To Participate in the Dignity 
Program To Enlist in the Armed Forces.--
            (1) Waiver.--Under this provision, for any individual in 
        the Dignity program that enlists in the Armed Forces, the 
        conditions outlined in subsection (b) shall be waived during 
        their service.
            (2) Completion of term of enlistment.--Upon completion of a 
        term of enlistment, the requirements of the Dignity Program 
        shall be satisfied for that individual, and that individual 
        shall be eligible to adjust to lawful permanent resident status 
        through the Armed Forces.
    (d) Violations.--If a participant violates a condition under 
subsection (b), the Secretary may at the Secretary's discretion, waive 
enforcement of minor violations including late fees, take extenuating 
circumstances into effect, or consider factors of undue hardship, but 
in all other cases, the Secretary shall initiate removal proceedings. 
In such proceedings, the immigration judge may make a determination as 
to whether to order removal or to issue an order modifying the 
conditions of that participant's participation in the Dignity Program.

SEC. 805. COMPLETION.

    (a) In General.--Except as provided in subsection (c), upon 
satisfying the conditions set forth in subsection (b) and thereby 
successfully completing the Dignity Program, the participant may choose 
to adjust status to that of an alien lawfully admitted for permanent 
residence.
    (b) Completion.--The conditions set forth in this subsection for 
successful completion of the Dignity Program are as follows:
            (1) Compliance with all requirements of section 802(b)(1).
            (2) Compliance with the requirement of section 802(b)(3) 
        for the entire period of the participation in the Dignity 
        Program.
    (c) Limitation on Applicability.--No alien may adjust status to 
that of an alien lawfully admitted for permanent residence under this 
section until the Comptroller General of the United States certifies to 
Congress that--
            (1) U.S. Customs and Border Protection has achieved 
        detection and apprehension rate of 80 percent or higher for 
        individuals attempting to cross the southern border of the 
        United States unlawfully during the previous 12-month period; 
        and
            (2) construction of the border wall along the border 
        between the United States and Mexico that were underway or 
        being planned for prior to January 20, 2021, has resumed in 
        accordance with section 102(a)(1) of division A.

                DIVISION C--AGRICULTURAL WORKER PROGRAM

 TITLE I--PROGRAM FOR EARNED STATUS ADJUSTMENT OF AGRICULTURAL WORKERS

SEC. 101. SHORT TITLE.

    This division may be cited as the ``Agricultural Worker Program Act 
of 2024''.

SEC. 102. BLUE CARD STATUS.

    (a) Requirements for Blue Card Status.--Notwithstanding any other 
provision of law, the Secretary may grant blue card status to an alien 
who--
            (1)(A) has completed qualified work;
            (B)(i) is the spouse or child of an alien described in 
        subparagraph (A);
            (ii) was physically present in the United States on or 
        before the date of the enactment of this Act; and
            (iii) has maintained continuous presence in the United 
        States from that date until the date on which the alien is 
        granted blue card status; or
            (C) is, or has been, a nonimmigrant alien admitted to the 
        United States for agricultural employment described in section 
        101(a)(15)(H)(ii)(a) of such Act who has completed qualified 
        work;
            (2) is not ineligible under subsection (d)(2);
            (3) submits a completed application before the end of the 
        period set forth in subsection (b)(3);
            (4) passes the national security and law enforcement 
        clearances required under subsection (d)(1) to the satisfactory 
        of the Secretary; and
            (5) pays the required processing fees and penalties in 
        accordance with subsection (e).
    (b) Application.--
            (1) Submission requirements.--An alien described in 
        subsection (a)(1) who is seeking blue card status shall submit 
        an application--
                    (A) to the Secretary, with the assistance of an 
                attorney or a nonprofit religious, charitable, social 
                service, or similar organization recognized by the 
                Board of Immigration Appeals under section 292.2 of 
                title 8, Code of Federal Regulations; or
                    (B) to a qualified entity if the applicant consents 
                to the forwarding of the application to the Secretary.
            (2) Evidence of application filing.--As soon as practicable 
        after receiving each application for blue card status under 
        paragraph (1), the Secretary shall provide the applicant with a 
        document acknowledging the receipt of such application.
            (3) Application period.--
                    (A) Initial period.--Except as provided in 
                subparagraphs (B) and (C), the Secretary shall accept 
                applications for blue card status from aliens in the 
                United States during the 18-month period beginning on 
                the date on which the final rule is published in the 
                Federal Register pursuant to subsection (j).
                    (B) Exception.--Aliens described in subsection 
                (a)(1)(C) may apply for blue card status from outside 
                of the United States.
                    (C) Extension.--If the Secretary determines, during 
                the initial period described in subparagraph (A), that 
                additional time is required to process applications for 
                blue card status or for other good cause, the Secretary 
                may extend the period for accepting applications for an 
                additional 18 months.
            (4) Application.--
                    (A) In general.--The application form referred to 
                in paragraph (1) shall collect such information as the 
                Secretary determines necessary and appropriate.
                    (B) Family application.--The Secretary shall 
                establish a process through which an alien may submit a 
                single application under this section on behalf of the 
                alien and his or her spouse and children who meet the 
                requirements set forth in subsection (a)(1)(B).
            (5) Adjudication.--
                    (A) Interview.--The Secretary may interview 
                applicants for blue card status to determine whether 
                they meet the eligibility requirements set forth in 
                this section.
                    (B) Failure to submit sufficient evidence.--The 
                Secretary may deny an application for blue card status 
                submitted by an alien who fails to submit evidence of 
                the alien's eligibility for such status.
                    (C) Notice.--If the Secretary denies an application 
                for blue card status, the Secretary shall--
                            (i) send a written notice to the applicant 
                        that provides the applicant with the basis for 
                        denial; and
                            (ii) provide the alien with an opportunity 
                        to cure the denial within a reasonable time.
                    (D) Amended application.--An alien whose 
                application for blue card status is denied under 
                subparagraph (B) may submit an amended application for 
                such status to the Secretary if the amended 
                application--
                            (i) is submitted within the application 
                        period described in paragraph (3); and
                            (ii) contains all the required information 
                        and fees that were missing from the initial 
                        application.
                    (E) Additional procedures.--The Secretary may 
                utilize the procedures set forth in sections 103.2 and 
                103.3 of title 8, Code of Federal Regulations, as in 
                effect on the date of the enactment of this Act, to 
                adjudicate requests for blue card status to the extent 
                such procedures are consistent with the requirements 
                under this section.
            (6) Evidence of blue card status.--
                    (A) In general.--The Secretary shall issue 
                documentary evidence of blue card status to each alien 
                whose application for such status has been approved.
                    (B) Documentation features.--Documentary evidence 
                provided under subparagraph (A)--
                            (i) shall be machine-readable and tamper-
                        resistant;
                            (ii) shall contain a digitized photograph;
                            (iii) shall, during the alien's authorized 
                        period of admission, and any extension of such 
                        authorized admission, serve as a valid travel 
                        and entry document for the purpose of applying 
                        for admission to the United States;
                            (iv) may be accepted during the period of 
                        its validity by an employer as evidence of 
                        employment authorization and identity under 
                        section 274A(b)(1)(B) of the Immigration and 
                        Nationality Act (8 U.S.C. 1324a(b)(1)(B)); and
                            (v) shall include such other features and 
                        information as the Secretary may prescribe.
    (c) Special Rules for Blue Card Applicants and Aliens Eligible for 
Blue Card Status.--
            (1) Aliens apprehended before or during the application 
        period.--If an alien, who is apprehended during the period 
        beginning on the date of the enactment of this Act and ending 
        on the last day of the application period described in 
        paragraph (3), appears prima facie eligible for blue card 
        status, the Secretary--
                    (A) shall provide the alien with a reasonable 
                opportunity to submit an application for such status 
                under this section during such application period; and
                    (B) may not remove the individual until a final 
                administrative determination is made on the 
                application.
            (2) Aliens in removal proceedings.--Notwithstanding any 
        other provision of the Immigration and Nationality Act (8 
        U.S.C. 1101 et seq.) if an alien is in removal, deportation, or 
        exclusion proceedings during the period beginning on the date 
        of the enactment of this Act and ending on the last day of the 
        application period described in subsection (b)(3) and is prima 
        facie eligible for blue card status under this section, upon 
        motion by the Secretary and with the consent of the alien or 
        upon motion by the alien, the Executive Office for Immigration 
        Review shall--
                    (A) terminate such proceedings without prejudice to 
                future proceedings; and
                    (B) permit the alien a reasonable opportunity to 
                apply for such status.
            (3) Treatment of aliens previously ordered removed.--
                    (A) In general.--If an alien who meets the 
                eligibility requirements set forth in subsection (a) is 
                present in the United States and has been ordered 
                excluded, deported, or removed, or ordered to depart 
                voluntarily from the United States under any provision 
                of the Immigration and Nationality Act--
                            (i) notwithstanding such order or section 
                        241(a)(5) of the Immigration and Nationality 
                        Act (8 U.S.C. 1231(a)(5)), the alien may apply 
                        for blue card status under this section; and
                            (ii) if the alien is granted such status, 
                        the alien may file a motion to reopen the 
                        exclusion, deportation, removal, or voluntary 
                        departure order, which motion shall be granted.
                    (B) Limitations on motions to reopen.--The 
                limitations on motions to reopen set forth in section 
                240(c)(7) of the Immigration and Nationality Act (8 
                U.S.C. 1229a(c)(7)) shall not apply to motions filed 
                under subparagraph (A)(ii).
            (4) Period pending adjudication of application.--During the 
        period beginning on the date on which an alien applies for blue 
        card status under this section and ending on the date on which 
        the Secretary makes a final decision regarding such 
        application, the alien--
                    (A) is eligible to apply for advance parole;
                    (B) may not be detained by the Secretary or removed 
                from the United States unless the Secretary makes a 
                prima facie determination that such alien is, or has 
                become, ineligible for blue card status under 
                subsection (d)(2);
                    (C) shall not be considered unlawfully present 
                under section 212(a)(9)(B) of the Immigration and 
                Nationality Act (8 U.S.C. 1182(a)(9)(B)); and
                    (D) shall not be considered an unauthorized alien 
                (as defined in section 274A(h)(3) of the Immigration 
                and Nationality Act (8 U.S.C. 1324a(h)(3))).
            (5) Effect of departure.--Section 101(g) of the Immigration 
        and Nationality Act (8 U.S.C. 1101(g)) shall not apply to an 
        alien granted--
                    (A) advance parole under paragraph (4)(A) to 
                reenter the United States; or
                    (B) blue card status.
            (6) Protection from detention or removal during blue card 
        status.--An alien granted blue card status under this section 
        may not be detained by the Secretary or removed from the United 
        States unless--
                    (A) the alien is removable under section 237 of the 
                Immigration and Nationality Act (8 U.S.C. 1227); or
                    (B) the alien's blue card status has been revoked.
            (7) Duration of status.--Beginning on the date that is 
        eight years after the date on which regulations are published 
        under subsection (j), no alien may remain in blue card status.
    (d) Required Background Investigations and Ineligibility.--
            (1) In general.--
                    (A) Biometric and biographic data.--The Secretary 
                may not grant blue card status to an alien or an alien 
                dependent spouse or child under this section unless 
                such alien submits biometric and biographic data in 
                accordance with procedures established by the 
                Secretary.
                    (B) Alternative procedures.--The Secretary shall 
                provide an alternative procedure for applicants who 
                cannot provide the standard biometric data required 
                under subparagraph (A) because of a physical 
                impairment.
                    (C) Data collection.--The Secretary shall collect, 
                from each alien applying for status under this section, 
                biometric, biographic, and other data that the 
                Secretary determines to be appropriate in order to 
                conduct a background investigation and determine the 
                alien's eligibility for blue card status.
            (2) Grounds for ineligibility.--
                    (A) In general.--Except as provided in subparagraph 
                (B), an alien is ineligible for blue card status if the 
                Secretary determines that the alien--
                            (i) has a conviction for--
                                    (I) an offense classified as a 
                                felony in the convicting jurisdiction 
                                (other than a State or local offense 
                                for which an essential element was the 
                                alien's immigration status, or a 
                                violation of the Immigration and 
                                Nationality Act (8 U.S.C. 1101 et 
                                seq.));
                                    (II) an aggravated felony (as 
                                defined in section 101(a)(43) of the 
                                Immigration and Nationality Act (8 
                                U.S.C. 1101(a)(43)) at the time of the 
                                conviction);
                                    (III) 3 or more misdemeanor 
                                offenses (other than minor traffic 
                                offenses or State or local offenses for 
                                which an essential element was the 
                                alien's immigration status, or 
                                violations of the Immigration and 
                                Nationality Act) if the alien was 
                                convicted on different dates for each 
                                of the 3 offenses;
                                    (IV) any offense under foreign law, 
                                except for a purely political offense, 
                                which, if the offense had been 
                                committed in the United States, would 
                                render the alien inadmissible under 
                                section 212(a) of the Immigration and 
                                Nationality Act (8 U.S.C. 1182(a)), 
                                excluding the paragraphs set forth in 
                                clause (ii), or removable under section 
                                237(a) of such Act (8 U.S.C. 1227(a)), 
                                except as provided in paragraph (3) of 
                                such section 237(a); or
                                    (V) unlawful voting (as defined in 
                                section 237(a)(6) of the Immigration 
                                and Nationality Act (8 U.S.C. 
                                1227(a)(6)));
                            (ii) is inadmissible under section 212(a) 
                        of the Immigration and Nationality Act (8 
                        U.S.C. 1182(a)), except that in determining an 
                        alien's inadmissibility--
                                    (I) paragraphs (4), (5), (7), and 
                                (9)(B) of such section 212(a) shall not 
                                apply;
                                    (II) subparagraphs (A), (C), (D), 
                                (F), and (G) of such section 212(a)(6) 
                                and paragraphs (9)(C) and (10)(B) of 
                                such section 212(a) shall not apply 
                                unless based on the act of unlawfully 
                                entering the United States after the 
                                date of the enactment of this Act; and
                                    (III) paragraphs (6)(B) and (9)(A) 
                                of such section 212(a) shall not apply 
                                unless the relevant conduct began on or 
                                after the date on which the alien files 
                                an application for registered 
                                provisional immigrant status under this 
                                section;
                            (iii) is an alien who the Secretary knows 
                        or has reasonable grounds to believe, is 
                        engaged in or is likely to engage after entry 
                        in any terrorist activity (as defined in 
                        section 212(a)(3)(B)(iv) of such Act); or
                            (iv) was, on the date of the enactment of 
                        this Act--
                                    (I) an alien lawfully admitted for 
                                permanent residence; or
                                    (II) an alien admitted as a refugee 
                                under section 207 of the Immigration 
                                and Nationality Act (8 U.S.C. 1157) or 
                                granted asylum under section 208 of 
                                such Act (8 U.S.C. 1158).
                    (B) Waiver.--
                            (i) In general.--The Secretary may waive 
                        the application of subparagraph (A)(i)(III) or 
                        any provision of section 212(a) of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1182(a)) that is not listed in clause (ii) on 
                        behalf of an alien for humanitarian purposes, 
                        to ensure family unity, or if such a waiver is 
                        otherwise in the public interest. Any 
                        discretionary authority to waive grounds of 
                        inadmissibility under such section 212(a) 
                        conferred under any other provision of the 
                        Immigration and Nationality Act shall apply 
                        equally to aliens seeking blue card status 
                        under this section.
                            (ii) Exceptions.--The discretionary 
                        authority under clause (i) may not be used to 
                        waive--
                                    (I) subparagraph (B), (C), (D)(ii), 
                                (E), (G), (H), or (I) of section 
                                212(a)(2) of such Act;
                                    (II) section 212(a)(3) of such Act; 
                                or
                                    (III) subparagraph (A), (C), (D), 
                                or (E) of section 212(a)(10) of such 
                                Act.
                    (C) Conviction explained.--For purposes of this 
                paragraph, the term ``conviction'' does not include a 
                judgment that has been expunged, set aside, or the 
                equivalent.
                    (D) Rule of construction.--Nothing in this 
                paragraph may be construed to require the Secretary to 
                commence removal proceedings against an alien.
    (e) Fees and Penalties.--
            (1) Standard processing fee.--Aliens 16 years of age or 
        older who are applying for blue card status under this 
        subsection, or for an extension of such status, shall pay a 
        processing fee to the Department of Homeland Security in an 
        amount determined by the Secretary.
            (2) Recovery of costs.--The processing fee authorized under 
        paragraph (1) shall be set at a level that is sufficient to 
        recover the full costs of processing the application, including 
        any costs incurred--
                    (A) to adjudicate the application;
                    (B) to take and process biometric data;
                    (C) to perform national security and criminal 
                checks, including adjudication;
                    (D) to prevent and investigate fraud; and
                    (E) to administer the collection of such fee.
            (3) Authority to limit fees.--The Secretary may issue 
        regulations--
                    (A) to limit the maximum processing fee payable 
                under this subsection by a family, including spouses 
                and unmarried children younger than 21 years of age; 
                and
                    (B) to exempt defined classes of individuals from 
                the payment of the fee required under paragraph (1).
            (4) Penalty.--In addition to the processing fee required 
        under paragraph (1), aliens applying for blue card status under 
        this subsection who are 21 years of age or older shall pay a 
        $100 penalty to the Department of Homeland Security.
            (5) Deposit and use of processing fees and penalties.--Fees 
        and penalties authorized under this subsection--
                    (A) shall be deposited into the Immigration 
                Examinations Fee Account pursuant to section 286(m) of 
                the Immigration and Nationality Act (8 U.S.C. 1356(m)); 
                and
                    (B) shall remain available until expended pursuant 
                to section 286(n) of such Act.
    (f) Terms and Conditions of Blue Card Status.--
            (1) Conditions of blue card status.--
                    (A) Employment.--Notwithstanding any other 
                provision of law, including section 241(a)(7) of the 
                Immigration and Nationality Act (8 U.S.C. 1231(a)(7)), 
                an alien with blue card status shall be authorized to 
                be employed in the United States while in such status.
                    (B) Travel outside the united states.--An alien 
                with blue card status--
                            (i) may travel outside of the United 
                        States, including commuting to the United 
                        States from a residence in a foreign country; 
                        and
                            (ii) may be admitted upon returning to the 
                        United States without having to obtain a visa 
                        if--
                                    (I) the alien is in possession of--
                                            (aa) valid, unexpired 
                                        documentary evidence of blue 
                                        card status that complies with 
                                        subsection (b)(6)(B); or
                                            (bb) a travel document that 
                                        has been approved by the 
                                        Secretary and was issued to the 
                                        alien after the alien's 
                                        original documentary evidence 
                                        was lost, stolen, or destroyed;
                                    (II) the alien's absence from the 
                                United States did not exceed 180 days, 
                                unless the alien's failure to timely 
                                return was due to extenuating 
                                circumstances beyond the alien's 
                                control; and
                                    (III) the alien establishes that he 
                                or she is not inadmissible under 
                                subparagraph (A)(i), (A)(iii), (B), or 
                                (C) of section 212(a)(3) of the 
                                Immigration and Nationality Act (8 
                                U.S.C. 1182(a)(3)).
                    (C) Admission.--An alien granted blue card status 
                shall be considered to have been admitted in such 
                status as of the date on which the alien's application 
                was submitted.
                    (D) Clarification of status.--An alien granted blue 
                card status shall be considered lawfully admitted to 
                the United States.
            (2) Revocation.--
                    (A) In general.--The Secretary may revoke blue card 
                status at any time after providing appropriate notice 
                to the alien, and after the exhaustion or waiver of all 
                applicable administrative review procedures if the 
                alien--
                            (i) no longer meets the eligibility 
                        requirements for blue card status;
                            (ii) knowingly used documentation issued 
                        under this section for an unlawful or 
                        fraudulent purpose; or
                            (iii) was absent from the United States 
                        for--
                                    (I) any single period longer than 
                                180 days in violation of the 
                                requirement under paragraph 
                                (1)(B)(ii)(II); or
                                    (II) for more than 180 days in the 
                                aggregate during any calendar year, 
                                unless the alien's failure to timely 
                                return was due to extenuating 
                                circumstances beyond the alien's 
                                control.
                    (B) Additional evidence.--
                            (i) In general.--In determining whether to 
                        revoke an alien's status under subparagraph 
                        (A), the Secretary may require the alien--
                                    (I) to submit additional evidence; 
                                and
                                    (II) to appear for an interview.
                            (ii) Effect of noncompliance.--The blue 
                        card status of an alien who fails to comply 
                        with any requirement imposed by the Secretary 
                        under clause (i) shall be revoked unless the 
                        alien demonstrates to the Secretary's 
                        satisfaction that such failure was reasonably 
                        excusable.
                    (C) Invalidation of documentation.--If an alien's 
                blue card status is revoked pursuant to subparagraph 
                (A), any documentation issued by the Secretary to such 
                alien under subsection (b)(6) shall automatically be 
                rendered invalid for any purpose except for departure 
                from the United States.
            (3) Ineligibility for public benefits.--An alien who has 
        been granted blue card status is not eligible for the Federal 
        means-tested public benefits unavailable to qualified aliens 
        under section 403 of the Personal Responsibility and Work 
        Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613)).
            (4) Treatment of blue card status.--An alien granted blue 
        card status shall be considered lawfully present in the United 
        States for all purposes while such alien remains in such 
        status, except that the alien--
                    (A) is not entitled to the premium assistance tax 
                credit authorized under section 36B of the Internal 
                Revenue Code of 1986 (26 U.S.C. 36B) for his or her 
                coverage;
                    (B) shall be subject to the rules applicable to 
                individuals who are not lawfully present set forth in 
                subsection (e) of such section;
                    (C) shall be subject to the rules applicable to 
                individuals who are not lawfully present set forth in 
                section 1402(e) of the Patient Protection and 
                Affordable Care Act (42 U.S.C. 18071(e)); and
                    (D) shall be subject to the rules applicable to 
                individuals not lawfully present set forth in section 
                5000A(d)(3) of the Internal Revenue Code of 1986 (26 
                U.S.C. 5000A(d)(3)).
    (g) Provisions Involving Employers.--
            (1) Record of employment.--Employers of aliens granted blue 
        card status shall provide the alien and the Secretary with a 
        written record of employment each year the alien remains in 
        such status.
            (2) Civil penalties.--
                    (A) In general.--If the Secretary determines, after 
                notice and an opportunity for a hearing, that an 
                employer of an alien granted blue card status has 
                knowingly failed to provide the record of employment 
                required under paragraph (1) or has provided a false 
                statement of material fact in such a record, the 
                employer shall be subject to a civil penalty in an 
                amount not to exceed $500 per violation.
                    (B) Limitation.--The penalty under subparagraph (A) 
                for failure to provide employment records shall not 
                apply unless the alien has provided the employer with 
                evidence of employment authorization described in 
                subsection (b)(11).
                    (C) Deposit of civil penalties.--Civil penalties 
                collected under this paragraph shall be deposited into 
                the Immigration Examinations Fee Account pursuant to 
                section 286(m) of the Immigration and Nationality Act 
                (8 U.S.C. 1356(m)).
            (3) Continuing employment.--An employer that knows an alien 
        employee is an applicant for blue card status or will apply for 
        such status once the application period commences is not in 
        violation of section 274A(a)(2) of the Immigration and 
        Nationality Act (8 U.S.C. 1324a(a)(2)) if the employer 
        continues to employ the alien pending the adjudication of the 
        alien employee's application.
            (4) Employer protections.--
                    (A) Use of employment records.--Copies of 
                employment records or other evidence of employment 
                provided by an alien or by an alien's employer in 
                support of an alien's application for blue card status 
                may not be used in a civil or criminal prosecution or 
                investigation of that employer under section 274A of 
                the Immigration and Nationality Act (8 U.S.C. 1324a) or 
                the Internal Revenue Code of 1986 for the prior 
                unlawful employment of that alien regardless of the 
                adjudication of such application or reconsideration by 
                the Secretary of such alien's prima facie eligibility 
                determination. Employers that provide unauthorized 
                aliens with copies of employment records or other 
                evidence of employment pursuant to an application for 
                blue card status shall not be subject to civil and 
                criminal liability pursuant to such section 274A for 
                employing such unauthorized aliens.
                    (B) Limit on applicability.--The protections for 
                employers and aliens under subparagraph (A) shall not 
                apply if the aliens or employers submit employment 
                records that are determined to be fraudulent.
    (h) Administrative and Judicial Review.--
            (1) In general.--Any administrative or judicial review of a 
        determination regarding an application for blue card status 
        shall comply with the requirements under this subsection.
            (2) Administrative review.--
                    (A) Single level of appellate review.--The 
                Secretary shall establish an appellate authority to 
                provide for a single level of administration appellate 
                review of a final agency determination.
                    (B) Standard for review.--An administrative 
                appellate review established under subparagraph (A) 
                shall be based solely upon--
                            (i) the administrative record established 
                        at the time of the determination regarding the 
                        application; and
                            (ii) any additional or newly discovered 
                        evidence that was not available at the time of 
                        a final agency determination.
            (3) Judicial review.--Judicial review of a determination 
        under this section shall be limited to the review of an order 
        of removal under section 242 of the Immigration and Nationality 
        Act (8 U.S.C. 1252).
    (i) Disclosures and Privacy.--
            (1) Prohibited disclosures.--Except as otherwise provided 
        in this subsection, no officer or employee of any Federal 
        agency may--
                    (A) use the information furnished in an application 
                for lawful status under this section or section 245B of 
                the Immigration and Nationality Act, for any purpose 
                other than to make a determination on any application 
                by the alien for any immigration benefit or protection;
                    (B) make any publication through which information 
                furnished by any particular applicant can be 
                identified; or
                    (C) permit anyone other than the sworn officers, 
                employees, and contractors of such agency or of another 
                entity approved by the Secretary to examine any 
                individual application for lawful status under this 
                section or such section 245B.
            (2) Required disclosures.--The Secretary shall provide the 
        information furnished in an application filed under this 
        section or section 245B of the Immigration and Nationality Act 
        and any other information derived from such furnished 
        information to--
                    (A) a law enforcement agency, intelligence agency, 
                national security agency, a component of the Department 
                of Homeland Security, court, or grand jury, consistent 
                with law, in connection with--
                            (i) a criminal investigation or prosecution 
                        of any felony not related to the applicant's 
                        immigration status; or
                            (ii) a national security investigation or 
                        prosecution; and
                    (B) an official coroner for purposes of 
                affirmatively identifying a deceased individual, 
                whether or not the death of such individual resulted 
                from a crime.
            (3) Auditing and evaluation of information.--The Secretary 
        may--
                    (A) audit and evaluate information furnished as 
                part of any application filed under this section or 
                section 245B of the Immigration and Nationality Act for 
                purposes of identifying immigration fraud or fraud 
                schemes; and
                    (B) use any evidence detected by means of audits 
                and evaluations for purposes of investigating, 
                prosecuting, referring for prosecution, or denying or 
                terminating immigration benefits.
            (4) Privacy and civil liberties.--
                    (A) In general.--The Secretary, in accordance with 
                paragraph (1), shall require appropriate administrative 
                and physical safeguards to protect the security, 
                confidentiality, and integrity of personally 
                identifiable information collected, maintained, and 
                disseminated pursuant to this section and section 245B 
                of the Immigration and Nationality Act.
                    (B) Assessments.--Notwithstanding the privacy 
                requirements set forth in section 222 of the Homeland 
                Security Act (6 U.S.C. 142) and the E-Government Act of 
                2002 (Public Law 107-347), the Secretary shall conduct 
                a privacy impact assessment and a civil liberties 
                impact assessment of the legalization program 
                established under this section and section 245B of the 
                Immigration and Nationality Act during the pendency of 
                the final regulations to be issued pursuant to 
                subsection (j).
    (j) Rulemaking.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary shall issue final regulations to 
implement this section.

SEC. 103. ADJUSTMENT TO PERMANENT RESIDENT STATUS.

    (a) In General.--Chapter 5 of title II of the Immigration and 
Nationality Act (8 U.S.C. 1255 et seq.) is amended by inserting after 
section 245A the following:

``SEC. 245B. ADJUSTMENT TO PERMANENT RESIDENT STATUS FOR AGRICULTURAL 
              WORKERS.

    ``(a) In General.--Except as provided in subsection (b), and not 
earlier than 5 years after the date of the enactment of the 
Agricultural Worker Program Act of 2024, the Secretary shall adjust the 
status of an alien granted blue card status to that of an alien 
lawfully admitted for permanent residence if the Secretary determines 
that the following requirements are satisfied:
            ``(1) Qualifying employment.--Except as provided in 
        paragraph (3), the alien--
                    ``(A) during the 8-year period beginning on the 
                date of the enactment of the Agricultural Worker 
                Program Act of 2024, performed not less than 100 work 
                days of agricultural employment during each of 5 years; 
                or
                    ``(B) during the 5-year period beginning on such 
                date of enactment, performed not less than 150 work 
                days of agricultural employment during each of 3 years.
            ``(2) Evidence.--An alien may demonstrate compliance with 
        the requirement under paragraph (1) by submitting to the 
        Secretary--
                    ``(A) the alien's record of employment (as 
                described in section 101(d) of the Agricultural Worker 
                Program Act of 2024);
                    ``(B) documentation that may be submitted under 
                subsection (e)(4); or
                    ``(C) any other documentation designated by the 
                Secretary for such purpose.
            ``(3) Extraordinary circumstances.--
                    ``(A) In general.--In determining whether an alien 
                has met the requirement under paragraph (1), the 
                Secretary may credit the alien with not more than 12 
                additional months of agricultural employment in the 
                United States to meet such requirement if the alien was 
                unable to work in agricultural employment due to--
                            ``(i) pregnancy, disabling injury, or 
                        disease established by the alien through 
                        medical records;
                            ``(ii) illness, disease, or other special 
                        needs of the alien's child established by the 
                        alien through medical records;
                            ``(iii) severe weather conditions that 
                        prevented the alien from engaging in 
                        agricultural employment for a significant 
                        period; or
                            ``(iv) termination from agricultural 
                        employment, if the Secretary determines that--
                                    ``(I) the termination was without 
                                just cause; and
                                    ``(II) the alien was unable to find 
                                alternative agricultural employment 
                                after a reasonable job search.
                    ``(B) Effect of determination.--A determination 
                under subparagraph (A)(iv), with respect to an alien, 
                shall not be conclusive, binding, or admissible in a 
                separate or subsequent judicial or administrative 
                action or proceeding between the alien and a current or 
                prior employer of the alien or any other party.
            ``(4) Application period.--The alien applies for adjustment 
        of status before the expiration of the alien's blue card 
        status.
            ``(5) Fine.--The alien pays a fine of $400 to the 
        Secretary, which shall be deposited into the Immigration 
        Examinations Fee Account pursuant to section 286(m).
    ``(b) Grounds for Denial of Adjustment of Status.--
            ``(1) In general.--The Secretary may not adjust the status 
        of an alien granted blue card status if the alien--
                    ``(A) is no longer eligible for blue card status; 
                or
                    ``(B) failed to perform the qualifying employment 
                required under subsection (a)(1), after considering any 
                amount credited by the Secretary under subsection 
                (a)(3).
            ``(2) Maintenance of waivers of inadmissibility.--The 
        grounds of inadmissibility set forth in section 212(a) that 
        were previously waived for the alien or made inapplicable shall 
        not apply for purposes of the alien's adjustment of status 
        under this section.
            ``(3) Pending revocation proceedings.--If the Secretary has 
        notified the applicant that the Secretary intends to revoke the 
        applicant's blue card status, the Secretary may not approve an 
        application for adjustment of status under this section unless 
        the Secretary makes a final determination not to revoke the 
        applicant's status.
            ``(4) Payment of taxes.--
                    ``(A) In general.--An alien may not file an 
                application for adjustment of status under this section 
                unless the applicant has satisfied any applicable 
                Federal tax liability.
                    ``(B) Definition of applicable federal tax 
                liability.--In this paragraph, the term `applicable 
                federal tax liability' means all Federal income taxes 
                assessed in accordance with section 6203 of the 
                Internal Revenue Code of 1986 since the date on which 
                the applicant was authorized to work in the United 
                States in blue card status.
                    ``(C) Compliance.--An alien may demonstrate 
                compliance with subparagraph (A) by submitting such 
                documentation as the Secretary, in consultation with 
                the Secretary of the Treasury, may require by 
                regulation.
    ``(c) Spouses and Children.--Notwithstanding any other provision of 
law, the Secretary shall grant permanent resident status to the spouse 
or child of an alien whose status was adjusted under subsection (a) 
if--
            ``(1) the spouse or child (including any individual who was 
        a child on the date such alien was granted blue card status) 
        applies for or received such status;
            ``(2) the principal alien includes the spouse and children 
        in an application for adjustment of status to that of a lawful 
        permanent resident; and
            ``(3) the spouse or child is not ineligible for such 
        status.
    ``(d) Numerical Limitations.--The numerical limitations under 
sections 201 and 202 shall not apply to the adjustment of aliens to 
lawful permanent resident status under this section.
    ``(e) Submission of Applications.--
            ``(1) Interview.--The Secretary may interview applicants 
        for adjustment of status under this section to determine 
        whether the alien meets the eligibility requirements set forth 
        in this section.
            ``(2) Fees.--
                    ``(A) In general.--Applicants for adjustment of 
                status under this section shall pay a processing fee to 
                the Secretary in an amount that will ensure the 
                recovery of the full costs of adjudicating such 
                applications, including--
                            ``(i) the cost of taking and processing 
                        biometric data;
                            ``(ii) expenses relating to prevention and 
                        investigation of fraud; and
                            ``(iii) costs relating to the collection of 
                        such fee.
                    ``(B) Authority to limit fees.--The Secretary, by 
                regulation--
                            ``(i) may limit the maximum processing fee 
                        payable under this paragraph by a family, 
                        including spouses and children; and
                            ``(ii) may exempt defined classes of 
                        individuals from the payment of the fee under 
                        subparagraph (A).
            ``(3) Disposition of fees.--All fees collected under 
        paragraph (2)(A)--
                    ``(A) shall be deposited into the Immigration 
                Examinations Fee Account pursuant to section 286(m); 
                and
                    ``(B) shall remain available until expended 
                pursuant to section 286(n).
            ``(4) Documentation of work history.--
                    ``(A) Burden of proof.--An alien applying for blue 
                card status under section 102 of the Agricultural 
                Worker Program Act of 2024 or for adjustment of status 
                under subsection (a) shall provide evidence that the 
                alien has worked the requisite number of hours or days 
                required under subsection (a)(1) of such section 102 or 
                subsection (a)(1) of this section, as applicable.
                    ``(B) Timely production of records.--If an employer 
                or farm labor contractor employing such an alien has 
                kept proper and adequate records respecting such 
                employment, the alien's burden of proof under 
                subparagraph (A) may be met by securing timely 
                production of those records under regulations to be 
                promulgated by the Secretary.
                    ``(C) Sufficient evidence.--An alien may meet the 
                burden of proof under subparagraph (A) to establish 
                that the alien has performed the days or hours of work 
                referred to in subparagraph (A) by producing sufficient 
                evidence to show the extent of that employment as a 
                matter of just and reasonable inference.
    ``(f) Penalties for False Statements in Applications.--
            ``(1) Criminal penalty.--Any person who--
                    ``(A) files an application for blue card status 
                under section 102 of the Agricultural Worker Program 
                Act of 2024 or for an adjustment of status under this 
                section and knowingly and willfully falsifies, 
                conceals, or covers up a material fact or makes any 
                false, fictitious, or fraudulent statements or 
                representations, or makes or uses any false writing or 
                document knowing the same to contain any false, 
                fictitious, or fraudulent statement or entry; or
                    ``(B) creates or supplies a false writing or 
                document for use in making such an application,
        shall be fined in accordance with title 18, United States Code, 
        imprisoned not more than 5 years, or both.
            ``(2) Inadmissibility.--An alien who is convicted of a 
        crime described in paragraph (1) shall be deemed inadmissible 
        to the United States on the ground described in section 
        212(a)(6)(C)(i).
            ``(3) Deposit.--Fines collected under paragraph (1) shall 
        be deposited into the Immigration Examinations Fee Account 
        pursuant to section 286(m).
    ``(g) Eligibility for Legal Services.--Section 504(a)(11) of the 
Departments of Commerce, Justice, and State, the Judiciary, and Related 
Agencies Appropriations Act, 1996 (Public Law 104-134; 110 Stat. 1321-
55) may not be construed to prevent a recipient of funds under the 
Legal Services Corporation Act (42 U.S.C. 2996 et seq.) from providing 
legal assistance directly related to an application for blue card 
status under section 41101 of the Agricultural Worker Program Act of 
2024, to an individual who has been granted blue card status, or for an 
application for an adjustment of status under this section.
    ``(h) Administrative and Judicial Review.--Aliens applying for blue 
card status under section 102 of the Agricultural Worker Program Act of 
2024 or for adjustment to permanent resident status under this section 
shall be entitled to the rights and subject to the conditions 
applicable to other classes of aliens under section 242.''.
    (b) Conforming Amendment.--Section 201(b)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1151(b)(1)) is amended--
            (1) by redesignating subparagraph (E) as subparagraph (F); 
        and
            (2) by inserting after subparagraph (D) the following:
                    ``(E) Aliens granted lawful permanent resident 
                status under section 245B.''.
    (c) 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 245A the following:

``Sec. 245B. Adjustment to permanent resident status for agricultural 
                            workers.''.

SEC. 104. USE OF INFORMATION.

    Beginning not later than the first day of the application period 
described in section 102(b)(3), the Secretary, in cooperation with 
qualified designated entities, shall broadly disseminate information 
regarding--
            (1) the benefits that aliens may receive under this title 
        and the amendments made by this title; and
            (2) the requirements that an alien is required to meet to 
        receive such benefits.

SEC. 105. REPORTS ON BLUE CARDS.

    Not later than six months after the publication of the final rule 
under section 102(j), and annually thereafter for the following eight 
years, the Secretary shall submit a report to Congress that identifies, 
for the previous fiscal year--
            (1) the number of aliens who applied for blue card status;
            (2) the number of aliens who were granted blue card status;
            (3) the number of aliens who applied for an adjustment of 
        status pursuant to section 245B(a) of the Immigration and 
        Nationality Act; and
            (4) the number of aliens who received an adjustment of 
        status pursuant such section 245B(a).

SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary such 
amounts as may be necessary to implement this title, including any 
amounts needed for costs associated with the initiation of such 
implementation during fiscal years 2025 and 2026.

            TITLE II--CORRECTION OF SOCIAL SECURITY RECORDS

SEC. 201. CORRECTION OF SOCIAL SECURITY RECORDS.

    (a) In General.--Section 208(e)(1) of the Social Security Act (42 
U.S.C. 408(e)(1)) is amended--
            (1) in subparagraph (B)(ii), by striking ``or'' at the end;
            (2) in subparagraph (C), by inserting ``or'' at the end;
            (3) by inserting after subparagraph (C) the following:
                    ``(D) who is granted blue card status under section 
                102 of the Agricultural Worker Program Act of 2024,''; 
                and
            (4) in the undesignated matter following subparagraph (D), 
        as added by paragraph (3), by striking ``1990.'' and inserting 
        ``1990, or in the case of an alien described in subparagraph 
        (D), if such conduct is alleged to have occurred before the 
        date on which the alien was granted blue card status under 
        section 102(a) of the Agricultural Worker Program Act of 
        2024.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the first day of the seventh month that begins after the 
date of the enactment of this Act.

                         TITLE III--DEFINITIONS

SEC. 301. DEFINITIONS.

    In this division:
            (1) Agricultural employment.--The term ``agricultural 
        employment'' has the meaning given such term in section 3 of 
        the Migrant and Seasonal Agricultural Worker Protection Act (29 
        U.S.C. 1802), without regard to whether the specific service or 
        activity is temporary or seasonal.
            (2) Blue card status.--The term ``blue card status'' means 
        the status of an alien who has been lawfully admitted into the 
        United States for temporary residence under section 41101.
            (3) Child.--The term ``child'' has the meaning given such 
        term in section 101(b)(1) of the Immigration and Nationality 
        Act (8 U.S.C. 1101(b)(1)).
            (4) Continuous presence.--An alien shall be deemed to have 
        maintained ``continuous presence'' in the United States for 
        purposes of section 102(a)(1)(B)(iii) if any absences from the 
        United States during the applicable period were brief, casual, 
        and innocent, whether or not such absences were authorized by 
        the Secretary.
            (5) Employer.--The term ``employer'' means any person or 
        entity, including any farm labor contractor and any 
        agricultural association, that employs workers in agricultural 
        employment.
            (6) Qualified designated entity.--The term ``qualified 
        designated entity'' means--
                    (A) a qualified farm labor organization or an 
                association of employers designated by the Secretary; 
                or
                    (B) any other entity that the Secretary designates 
                as having substantial experience, demonstrated 
                competence, and a history of long-term involvement in 
                the preparation and submission of application for 
                adjustment of status under title II of the Immigration 
                and Nationality Act (8 U.S.C. 1151 et seq.).
            (7) Qualified work.--The term ``qualified work'' means work 
        performed in agricultural employment in the United States for 
        not fewer than 575 hours or 100 work days during the 2-year 
        period ending on the date of the enactment of this Act.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (9) Work day.--The term ``work day'' means any day in which 
        the individual is employed 5.75 or more hours in agricultural 
        employment.

                          DIVISION D--SAVE ACT

SEC. 101. SHORT TITLE.

    This Act may be cited as the ``Safeguard American Voter Eligibility 
Act'' or the ``SAVE Act''.

SEC. 102. ENSURING ONLY CITIZENS ARE REGISTERED TO VOTE IN ELECTIONS 
              FOR FEDERAL OFFICE.

    (a) Definition of Documentary Proof of United States Citizenship.--
Section 3 of the National Voter Registration Act of 1993 (52 U.S.C. 
20502) is amended--
            (1) by striking ``As used'' and inserting ``(a) In 
        General.--As used''; and
            (2) by adding at the end the following:
    ``(b) Documentary Proof of United States Citizenship.--As used in 
this Act, the term `documentary proof of United States citizenship' 
means, with respect to an applicant for voter registration, any of the 
following:
            ``(1) A form of identification issued consistent with the 
        requirements of the REAL ID Act of 2005 that indicates the 
        applicant is a citizen of the United States.
            ``(2) A valid United States passport.
            ``(3) The applicant's official United States military 
        identification card, together with a United States military 
        record of service showing that the applicant's place of birth 
        was in the United States.
            ``(4) A valid government-issued photo identification card 
        issued by a Federal, State or Tribal government showing that 
        the applicant's place of birth was in the United States.
            ``(5) A valid government-issued photo identification card 
        issued by a Federal, State or Tribal government other than an 
        identification described in paragraphs (1) through (4), but 
        only if presented together with one or more of the following:
                    ``(A) A certified birth certificate issued by a 
                State, a unit of local government in a State, or a 
                Tribal government which--
                            ``(i) was issued by the State, unit of 
                        local government, or Tribal government in which 
                        the applicant was born;
                            ``(ii) was filed with the office 
                        responsible for keeping vital records in the 
                        State;
                            ``(iii) includes the full name, date of 
                        birth, and place of birth of the applicant;
                            ``(iv) lists the full names of one or both 
                        of the parents of the applicant;
                            ``(v) has the signature of an individual 
                        who is authorized to sign birth certificates on 
                        behalf of the State, unit of local government, 
                        or Tribal government in which the applicant was 
                        born;
                            ``(vi) includes the date that the 
                        certificate was filed with the office 
                        responsible for keeping vital records in the 
                        State; and
                            ``(vii) has the seal of the State, unit of 
                        local government, or Tribal government that 
                        issued the birth certificate.
                    ``(B) An extract from a United States hospital 
                Record of Birth created at the time of the applicant's 
                birth which indicates that the applicant's place of 
                birth was in the United States.
                    ``(C) A final adoption decree showing the 
                applicant's name and that the applicant's place of 
                birth was in the United States.
                    ``(D) A Consular Report of Birth Abroad of a 
                citizen of the United States or a certification of the 
                applicant's Report of Birth of a United States citizen 
                issued by the Secretary of State.
                    ``(E) A Naturalization Certificate or Certificate 
                of Citizenship issued by the Secretary of Homeland 
                Security or any other document or method of proof of 
                United States citizenship issued by the Federal 
                Government pursuant to the Immigration and Nationality 
                Act.
                    ``(F) An American Indian Card issued by the 
                Department of Homeland Security with the classification 
                `KIC'.''.
    (b) In General.--Section 4 of the National Voter Registration Act 
of 1993 (52 U.S.C. 20503) is amended--
            (1) in subsection (a), by striking ``subsection (b)'' and 
        inserting ``subsection (c)'';
            (2) by redesignating subsection (b) as subsection (c); and
            (3) by inserting after subsection (a) the following new 
        subsection:
    ``(b) Requiring Applicants To Present Documentary Proof of United 
States Citizenship.--Under any method of voter registration in a State, 
the State shall not accept and process an application to register to 
vote in an election for Federal office unless the applicant presents 
documentary proof of United States citizenship with the application.''.
    (c) Registration With Application for Motor Vehicle Driver's 
License.--Section 5 of the National Voter Registration Act of 1993 (52 
U.S.C. 20504) is amended--
            (1) in subsection (a)(1), by striking ``Each State motor 
        vehicle driver's license application'' and inserting ``Subject 
        to the requirements under section 8(j), each State motor 
        vehicle driver's license application'';
            (2) in subsection (c)(1), by striking ``Each State shall 
        include'' and inserting ``Subject to the requirements under 
        section 8(j), each State shall include'';
            (3) in subsection (c)(2)(B)--
                    (A) in clause (i), by striking ``and'' at the end;
                    (B) in clause (ii), by adding ``and'' at the end; 
                and
                    (C) by adding at the end the following new clause:
                    ``(iii) verify that the applicant is a citizen of 
                the United States;'';
            (4) in subsection (c)(2)(C)(i), by striking ``(including 
        citizenship)'' and inserting ``, including the requirement that 
        the applicant provides documentary proof of United States 
        citizenship''; and
            (5) in subsection (c)(2)(D)(iii), by striking ``; and'' and 
        inserting the following: ``, other than as evidence in a 
        criminal proceeding or immigration proceeding brought against 
        an applicant who knowingly attempts to register to vote and 
        knowingly makes a false declaration under penalty of perjury 
        that the applicant meets the eligibility requirements to 
        register to vote in an election for Federal office; and''.
    (d) Requiring Documentary Proof of United States Citizenship With 
National Mail Voter Registration Form.--Section 6 of the National Voter 
Registration Act of 1993 (52 U.S.C. 20505) is amended--
            (1) in subsection (a)(1)--
                    (A) by striking ``Each State shall accept and use'' 
                and inserting ``Subject to the requirements under 
                section 8(j), each State shall accept and use''; and
                    (B) by striking ``Federal Election Commission'' and 
                inserting ``Election Assistance Commission'';
            (2) in subsection (b), by adding at the end the following: 
        ``The chief State election official of a State shall take such 
        steps as may be necessary to ensure that residents of the State 
        are aware of the requirement to provide documentary proof of 
        United States citizenship to register to vote in elections for 
        Federal office in the State.'';
            (3) in subsection (c)(1)--
                    (A) in subparagraph (A), by striking ``and'' at the 
                end;
                    (B) in subparagraph (B) by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                subparagraph:
            ``(C) the person did not provide documentary proof of 
        United States citizenship when registering to vote.''; and
            (4) by adding at the end the following new subsection:
    ``(e) Ensuring Proof of United States Citizenship.--
            ``(1) Presenting proof of united states citizenship to 
        election official.--An applicant who submits the mail voter 
        registration application form prescribed by the Election 
        Assistance Commission pursuant to section 9(a)(2) or a form 
        described in paragraph (1) or (2) of subsection (a) shall not 
        be registered to vote in an election for Federal office 
        unless--
                    ``(A) the applicant presents documentary proof of 
                United States citizenship in person to the office of 
                the appropriate election official not later than the 
                deadline provided by State law for the receipt of a 
                completed voter registration application for the 
                election; or
                    ``(B) in the case of a State which permits an 
                individual to register to vote in an election for 
                Federal office at a polling place on the day of the 
                election and on any day when voting, including early 
                voting, is permitted for the election, the applicant 
                presents documentary proof of United States citizenship 
                to the appropriate election official at the polling 
                place not later than the date of the election.
            ``(2) Notification of requirement.--Upon receiving an 
        otherwise completed mail voter registration application form 
        prescribed by the Election Assistance Commission pursuant to 
        section 9(a)(2) or a form described in paragraph (1) or (2) of 
        subsection (a), the appropriate election official shall 
        transmit a notice to the applicant of the requirement to 
        present documentary proof of United States citizenship under 
        this subsection, and shall include in the notice instructions 
        to enable the applicant to meet the requirement.
            ``(3) Accessibility.--Each State shall, in consultation 
        with the Election Assistance Commission, ensure that reasonable 
        accommodations are made to allow an individual with a 
        disability who submits the mail voter registration application 
        form prescribed by the Election Assistance Commission pursuant 
        to section 9(a)(2) or a form described in paragraph (1) or (2) 
        of subsection (a) to present documentary proof of United States 
        citizenship to the appropriate election official.''.
    (e) Requirements for Voter Registration Agencies.--Section 7 of the 
National Voter Registration Act of 1993 (52 U.S.C. 20506) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (4)(A), by adding at the end the 
                following new clause:
            ``(iv) Receipt of documentary proof of United States 
        citizenship of each applicant to register to vote in elections 
        for Federal office in the State.''; and
                    (B) in paragraph (6)--
                            (i) in subparagraph (A)(i)(I), by striking 
                        ``(including citizenship)'' and inserting ``, 
                        including the requirement that the applicant 
                        provides documentary proof of United States 
                        citizenship'';
                            (ii) by redesignating subparagraph (B) as 
                        subparagraph (C); and
                            (iii) by inserting after subparagraph (A) 
                        the following new subparagraph:
            ``(B) ask the applicant the question, `Are you a citizen of 
        the United States?' and if the applicant answers in the 
        affirmative require documentary proof of United States 
        citizenship prior to providing the form under subparagraph 
        (C);''; and
            (2) in subsection (c)(1), by inserting ``who are citizens 
        of the United States'' after ``for persons''.
    (f) Requirements With Respect to Administration of Voter 
Registration.--Section 8 of the National Voter Registration Act of 1993 
(52 U.S.C. 20507) is amended--
            (1) in subsection (a)--
                    (A) by striking ``In the administration of voter 
                registration'' and inserting ``Subject to the 
                requirements of subsection (j), in the administration 
                of voter registration''; and
                    (B) in paragraph (3)--
                            (i) in subparagraph (B), by striking ``or'' 
                        at the end; and
                            (ii) by adding at the end the following new 
                        subparagraphs:
                    ``(D) based on documentary proof or verified 
                information that the registrant is not a United States 
                citizen; or
                    ``(E) the registration otherwise fails to comply 
                with applicable State law;'';
            (2) by redesignating subsection (j) as subsection (l); and
            (3) by inserting after subsection (i) the following new 
        subsections:
    ``(j) Ensuring Only Citizens Are Registered to Vote.--
            ``(1) In general.--Notwithstanding any other provision of 
        this Act, a State may not register an individual to vote in 
        elections for Federal office held in the State unless, at the 
        time the individual applies to register to vote, the individual 
        provides documentary proof of United States citizenship.
            ``(2) Additional processes in certain cases.--
                    ``(A) Process for those without documentary 
                proof.--
                            ``(i) In general.--Subject to any relevant 
                        guidance adopted by the Election Assistance 
                        Commission, each State shall establish a 
                        process under which an applicant who cannot 
                        provide documentary proof of United States 
                        citizenship under paragraph (1) may, if the 
                        applicant signs an attestation under penalty of 
                        perjury that the applicant is a citizen of the 
                        United States and eligible to vote in elections 
                        for Federal office, submit such other evidence 
                        to the appropriate State or local official 
                        demonstrating that the applicant is a citizen 
                        of the United States and such official shall 
                        make a determination as to whether the 
                        applicant has sufficiently established United 
                        States citizenship for purposes of registering 
                        to vote in elections for Federal office in the 
                        State.
                            ``(ii) Affidavit requirement.--If a State 
                        or local official makes a determination under 
                        clause (i) that an applicant has sufficiently 
                        established United States citizenship for 
                        purposes of registering to vote in elections 
                        for Federal office in the State, such 
                        determination shall be accompanied by an 
                        affidavit developed under clause (iii) signed 
                        by the official swearing or affirming the 
                        applicant sufficiently established United 
                        States citizenship for purposes of registering 
                        to vote.
                            ``(iii) Development of affidavit by the 
                        election assistance commission.--The Election 
                        Assistance Commission shall develop a uniform 
                        affidavit for use by State and local officials 
                        under clause (ii), which shall--
                                    ``(I) include an explanation of the 
                                minimum standards required for a State 
                                or local official to register an 
                                applicant who cannot provide 
                                documentary proof of United States 
                                citizenship to vote in elections for 
                                Federal office in the State; and
                                    ``(II) require the official to 
                                explain the basis for registering such 
                                applicant to vote in such elections.
                    ``(B) Process in case of certain discrepancies in 
                documentation.--Subject to any relevant guidance 
                adopted by the Election Assistance Commission, each 
                State shall establish a process under which an 
                applicant can provide such additional documentation to 
                the appropriate election official of the State as may 
                be necessary to establish that the applicant is a 
                citizen of the United States in the event of a 
                discrepancy with respect to the applicant's documentary 
                proof of United States citizenship.
            ``(3) State requirements.--Each State shall take 
        affirmative steps on an ongoing basis to ensure that only 
        United States citizens are registered to vote under the 
        provisions of this Act, which shall include the establishment 
        of a program described in paragraph (4) not later than 30 days 
        after the date of the enactment of this subsection.
            ``(4) Program described.--A State may meet the requirements 
        of paragraph (3) by establishing a program under which the 
        State identifies individuals who are not United States citizens 
        using information supplied by one or more of the following 
        sources:
                    ``(A) The Department of Homeland Security through 
                the Systematic Alien Verification for Entitlements 
                (`SAVE') or otherwise.
                    ``(B) The Social Security Administration through 
                the Social Security Number Verification Service, or 
                otherwise.
                    ``(C) State agencies that supply State 
                identification cards or driver's licenses where the 
                agency confirms the United States citizenship status of 
                applicants.
                    ``(D) Other sources, including databases, which 
                provide confirmation of United States citizenship 
                status.
            ``(5) Availability of information.--
                    ``(A) In general.--At the request of a State 
                election official (including a request related to a 
                process established by a State under paragraph (2)(A) 
                or (2)(B)), any head of a Federal department or agency 
                possessing information relevant to determining the 
                eligibility of an individual to vote in elections for 
                Federal office shall, not later than 24 hours after 
                receipt of such request, provide the official with such 
                information as may be necessary to enable the official 
                to verify that an applicant for voter registration in 
                elections for Federal office held in the State or a 
                registrant on the official list of eligible voters in 
                elections for Federal office held in the State is a 
                citizen of the United States, which shall include 
                providing the official with such batched information as 
                may be requested by the official.
                    ``(B) Use of save system.--The Secretary of 
                Homeland Security may respond to a request received 
                under paragraph (1) by using the system for the 
                verification of immigration status under the applicable 
                provisions of section 1137 of the Social Security Act 
                (42 U.S.C. 1320b-7), as established pursuant to section 
                121(c) of the Immigration Reform and Control Act of 
                1986 (Public Law 99-603).
                    ``(C) Sharing of information.--The heads of Federal 
                departments and agencies shall share information with 
                each other with respect to an individual who is the 
                subject of a request received under paragraph (A) in 
                order to enable them to respond to the request.
                    ``(D) Investigation for purposes of removal.--The 
                Secretary of Homeland Security shall conduct an 
                investigation to determine whether to initiate removal 
                proceedings under section 239 of the Immigration and 
                Nationality Act (8 U.S.C. 1229) if it is determined 
                pursuant to subparagraph (A) or (B) that an alien (as 
                such term is defined in section 101 of the Immigration 
                and Nationality Act (8 U.S.C. 1101)) is unlawfully 
                registered to vote in elections for Federal office.
                    ``(E) Prohibiting fees.--The head of a Federal 
                department or agency may not charge a fee for 
                responding to a State's request under paragraph (A).
    ``(k) Removal of Noncitizens From Registration Rolls.--A State 
shall remove an individual who is not a citizen of the United States 
from the official list of eligible voters for elections for Federal 
office held in the State at any time upon receipt of documentation or 
verified information that a registrant is not a United States 
citizen.''.
    (g) Clarification of Authority of State To Remove Noncitizens From 
Official List of Eligible Voters.--
            (1) In general.--Section 8(a)(4) of the National Voter 
        Registration Act of 1993 (52 U.S.C. 20507(a)(4)) is amended--
                    (A) by striking ``or'' at the end of subparagraph 
                (A);
                    (B) by adding ``or'' at the end of subparagraph 
                (B); and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(C) documentary proof or verified information 
                that the registrant is not a United States citizen;''.
            (2) Conforming amendment.--Section 8(c)(2)(B)(i) of such 
        Act (52 U.S.C. 20507(c)(2)(B)(i)) is amended by striking 
        ``(4)(A)'' and inserting ``(4)(A) or (C)''.
    (h) Requirements With Respect to Federal Mail Voter Registration 
Form.--
            (1) Contents of mail voter registration form.--Section 9(b) 
        of such Act (52 U.S.C. 20508(b)) is amended--
                    (A) in paragraph (2)(A), by striking ``(including 
                citizenship)'' and inserting ``(including an 
                explanation of what is required to present documentary 
                proof of United States citizenship)'';
                    (B) in paragraph (3), by striking ``and'' at the 
                end;
                    (C) in paragraph (4), by striking the period at the 
                end and inserting ``; and''; and
                    (D) by adding at the end the following new 
                paragraph:
            ``(5) shall include a section, for use only by a State or 
        local election official, to record the type of document the 
        applicant presented as documentary proof of United States 
        citizenship, including the date of issuance, the date of 
        expiration (if any), the office which issued the document, and 
        any unique identification number associated with the 
        document.''.
            (2) Information on mail voter registration form.--Section 
        9(b)(4) of such Act (52 U.S.C. 20508(b)(4)) is amended--
                    (A) by redesignating clauses (i) through (iii) as 
                subparagraphs (A) through (C), respectively; and
                    (B) in subparagraph (C) (as so redesignated and as 
                amended by paragraph (1)(C)), by striking ``; and'' and 
                inserting the following: ``, other than as evidence in 
                a criminal proceeding or immigration proceeding brought 
                against an applicant who attempts to register to vote 
                and makes a false declaration under penalty of perjury 
                that the applicant meets the eligibility requirements 
                to register to vote in an election for Federal office; 
                and''.
    (i) Private Right of Action.--Section 11(b)(1) of the National 
Voter Registration Act of 1993 (52 U.S.C. 20510(b)(1)) is amended by 
striking ``a violation of this Act'' and inserting ``a violation of 
this Act, including the act of an election official who registers an 
applicant to vote in an election for Federal office who fails to 
present documentary proof of United States citizenship,''.
    (j) Criminal Penalties.--Section 12(2) of such Act (52 U.S.C. 
20511(2)) is amended--
            (1) by striking ``or'' at the end of subparagraph (A);
            (2) by redesignating subparagraph (B) as subparagraph (D); 
        and
            (3) by inserting after subparagraph (A) the following new 
        subparagraphs:
                    ``(B) in the case of an officer or employee of the 
                executive branch, providing material assistance to a 
                noncitizen in attempting to register to vote or vote in 
                an election for Federal office;
                    ``(C) registering an applicant to vote in an 
                election for Federal office who fails to present 
                documentary proof of United States citizenship; or''.
    (k) Applicability of Requirements to Certain States.--
            (1) In general.--Subsection (c) of section 4 of the 
        National Voter Registration Act of 1993 (52 U.S.C. 20503), as 
        redesignated by subsection (b), is amended by striking ``This 
        Act does not apply to a State'' and inserting ``Except with 
        respect to the requirements under subsection (i) and (j) of 
        section 8 in the case of a State described in paragraph (2), 
        this Act does not apply to a State''.
            (2) Permitting states to adopt requirements after 
        enactment.--Section 4 of such Act (52 U.S.C. 20503) is amended 
        by adding at the end the following new subsection:
    ``(d) Permitting States To Adopt Certain Requirements After 
Enactment.--Subsections (i) and (j) of section 8 shall not apply to a 
State described in subsection (c)(2) if the State, by law or 
regulation, adopts requirements which are identical to the requirements 
under such subsections not later than 60 days prior to the date of the 
first election for Federal office which is held in the State after the 
date of the enactment of the SAVE Act.''.

SEC. 103. ELECTION ASSISTANCE COMMISSION GUIDANCE.

    Not later than 10 days after the date of the enactment of this Act, 
the Election Assistance Commission shall adopt and transmit to the 
chief State election official of each State guidance with respect to 
the implementation of the requirements under the National Voter 
Registration Act of 1993 (52 U.S.C. 20501 et seq.), as amended by 
section 102.

SEC. 104. INAPPLICABILITY OF PAPERWORK REDUCTION ACT.

    Subchapter I of chapter 35 of title 44 (commonly referred to as the 
``Paperwork Reduction Act'') shall not apply with respect to the 
development or modification of voter registration materials under the 
National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.), as 
amended by section 102, including the development or modification of 
any voter registration application forms.

SEC. 105. DUTY OF SECRETARY OF HOMELAND SECURITY TO NOTIFY ELECTION 
              OFFICIALS OF NATURALIZATION.

    Upon receiving information that an individual has become a 
naturalized citizen of the United States, the Secretary of Homeland 
Security shall promptly provide notice of such information to the 
appropriate chief election official of the State in which such 
individual is domiciled.

SEC. 106. RULE OF CONSTRUCTION REGARDING PROVISIONAL BALLOTS.

    Nothing in this division or in any amendment made by this division 
may be construed to supercede, restrict, or otherwise affect the 
ability of an individual to cast a provisional ballot in an election 
for Federal office or to have the ballot counted in the election if the 
individual is verified as a citizen of the United States pursuant to 
section 8(j) of the National Voter Registration Act of 1993 (as added 
by section 102(f)).

SEC. 107. RULE OF CONSTRUCTION REGARDING EFFECT ON STATE EXEMPTIONS 
              FROM OTHER FEDERAL LAWS.

    Nothing in this division or in any amendment made by this division 
may be construed to affect the exemption of a State from any 
requirement of any Federal law other than the National Voter 
Registration Act of 1993 (52 U.S.C. 20501 et seq.).

SEC. 108. EFFECTIVE DATE.

    This division and the amendments made by this division shall take 
effect on the date of the enactment of this Act, and shall apply with 
respect to applications for voter registration which are submitted on 
or after such date.
                                 <all>
```