II 

118TH CONGRESS 

1ST SESSION S. 2824 

To secure the borders of the United States, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 14, 2023 

Mr. CRUZ (for himself, Mr. MCCONNELL, Mrs. BLACKBURN, Mr. COTTON, 

Mr. VANCE, Mr. MARSHALL, Mrs. FISCHER, Mr. SCHMITT, Mr. 

TUBERVILLE, Mr. KENNEDY, Mr. HAGERTY, Mr. HOEVEN, Mrs. BRITT, 

Mr. LEE, Mr. BUDD, Mr. DAINES, Mr. SCOTT of South Carolina, Mr. 

GRAHAM, Ms. LUMMIS, Mr. YOUNG, Mr. TILLIS, Mr. BARRASSO, Mr. 

BRAUN, Mr. CRAMER, Mr. JOHNSON, Mr. GRASSLEY, and Mr. THUNE) 

introduced the following bill; which was read twice and referred to the 

Committee on the Judiciary 

A BILL 

To secure the borders of the United States, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Secure the Border Act of 2023’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•S 2824 IS

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. Eradication of carrizo cane and salt cedar. 

Sec. 113. Border patrol strategic plan. 

Sec. 114. U.S. Customs and Border Protection spiritual readiness. 

Sec. 115. Restrictions on funding. 

Sec. 116. Collection of DNA and biometric information at the border. 

Sec. 117. Eradication of narcotic drugs and formulating effective new tools to 

address yearly losses of life; ensuring timely updates to U.S. 

Customs and Border Protection field manuals. 

Sec. 118. Publication by U.S. Customs and Border Protection of operational 

statistics. 

Sec. 119. Alien criminal background checks. 

Sec. 120. Prohibited identification documents at airport security checkpoints; 

notification to immigration agencies. 

Sec. 121. Prohibition against any COVID–19 vaccine mandate or adverse action against DHS employees. 

Sec. 122. CBP One app limitation. 

Sec. 123. Report on Mexican drug cartels. 

Sec. 124. GAO study on costs incurred by States to secure the southwest border. 

Sec. 125. Report by Inspector General of the Department of Homeland Security. 

Sec. 126. Offsetting authorizations of appropriations. 

Sec. 127. Report to Congress on foreign terrorist organizations. 

Sec. 128. Assessment by Inspector General of the Department of Homeland Security on the mitigation of unmanned aircraft systems at the 

southwest border. 

DIVISION 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. 


pbinns on DSKJLVW7X2PROD with $$_JOB
3 

•S 2824 IS

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—LEGAL WORKFORCE 

Sec. 801. Employment eligibility verification process. 

Sec. 802. Employment eligibility verification system. 

Sec. 803. Recruitment, referral, and continuation of employment. 

Sec. 804. Good faith defense. 

Sec. 805. Preemption and States’ rights. 

Sec. 806. Repeal. 

Sec. 807. Penalties. 

Sec. 808. Fraud and misuse of documents. 

Sec. 809. Protection of Social Security Administration programs. 

Sec. 810. Fraud prevention. 

Sec. 811. Use of employment eligibility verification photo tool. 

Sec. 812. Identity authentication employment eligibility verification pilot programs. 

Sec. 813. Inspector General audits. 

Sec. 814. Agriculture workforce study. 


pbinns on DSKJLVW7X2PROD with $$_JOB
4 

•S 2824 IS

Sec. 815. Sense of Congress on further implementation. 

Sec. 816. Repealing regulations. 

1 DIVISION A—BORDER SECURITY 

2 SEC. 101. DEFINITIONS. 

3 In this division: 

4 (1) CBP.—The term ‘‘CBP’’ means U.S. Cus5 toms and Border Protection. 

6 (2) COMMISSIONER.—The term ‘‘Commis7 sioner’’ means the Commissioner of U.S. Customs 

8 and Border Protection. 

9 (3) DEPARTMENT.—The term ‘‘Department’’ 

10 means the Department of Homeland Security. 

11 (4) OPERATIONAL CONTROL.—The term ‘‘oper12 ational control’’ has the meaning given such term in 

13 section 2(b) of the Secure Fence Act of 2006 (Public 

14 Law 109–367; 8 U.S.C. 1701 note). 

15 (5) SECRETARY.—The term ‘‘Secretary’’ means 

16 the Secretary of Homeland Security. 

17 (6) SITUATIONAL AWARENESS.—The term ‘‘sit18 uational awareness’’ has the meaning given such 

19 term in section 1092(a)(7) of the National Defense 

20 Authorization Act for Fiscal Year 2017 (Public Law 

21 114–328; 6 U.S.C. 223(a)(7)). 

22 (7) UNMANNED AIRCRAFT SYSTEM.—The term 

23 ‘‘unmanned aircraft system’’ has the meaning given 


pbinns on DSKJLVW7X2PROD with $$_JOB
5 

•S 2824 IS

1 such term in section 44801 of title 49, United 

2 States Code. 

3 SEC. 102. BORDER WALL CONSTRUCTION. 

4 (a) IN GENERAL.— 

5 (1) IMMEDIATE RESUMPTION OF BORDER WALL

6 CONSTRUCTION.—Not later than seven days after 

7 the date of the enactment of this Act, the Secretary 

8 shall resume all activities related to the construction 

9 of the border wall along the border between the 

10 United States and Mexico that were underway or 

11 being planned for prior to January 20, 2021. 

12 (2) USE OF FUNDS.—To carry out this section, 

13 the Secretary shall expend all unexpired funds ap14 propriated or explicitly obligated for the construction 

15 of the border wall that were appropriated or obli16 gated, as the case may be, for use beginning on Oc17 tober 1, 2019. 

18 (3) USE OF MATERIALS.—Any unused materials 

19 purchased before the date of the enactment of this 

20 Act for construction of the border wall may be used 

21 for activities related to the construction of the bor22 der wall in accordance with paragraph (1). 

23 (b) PLAN TO COMPLETE TACTICAL INFRASTRUC24 TURE AND TECHNOLOGY.—Not later than 90 days after 

25 the date of the enactment of this Act and annually thereVerDate Sep 11 2014 21:39 Sep 16, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2824.IS S2824

pbinns on DSKJLVW7X2PROD with $$_JOB
6 

•S 2824 IS

1 after until construction of the border wall has been com2 pleted, the Secretary shall submit to the appropriate con3 gressional committees an implementation plan, including 

4 annual benchmarks for the construction of 200 miles of 

5 such wall and associated cost estimates for satisfying all 

6 requirements of the construction of the border wall, in7 cluding installation and deployment of tactical infrastruc8 ture, technology, and other elements as identified by the 

9 Department prior to January 20, 2021, through the ex10 penditure of funds appropriated or explicitly obligated, as 

11 the case may be, for use, as well as any future funds ap12 propriated or otherwise made available by Congress. 

13 (c) DEFINITIONS.—In this section: 

14 (1) APPROPRIATE CONGRESSIONAL COMMIT15 TEES.—The term ‘‘appropriate congressional com16 mittees’’ means the Committee on Homeland Secu17 rity and the Committee on Appropriations of the 

18 House of Representatives and the Committee on 

19 Homeland Security and Governmental Affairs and 

20 the Committee on Appropriations of the Senate. 

21 (2) TACTICAL INFRASTRUCTURE.—The term 

22 ‘‘tactical infrastructure’’ includes boat ramps, access 

23 gates, checkpoints, lighting, and roads associated 

24 with a border wall. 


pbinns on DSKJLVW7X2PROD with $$_JOB
7 

•S 2824 IS

1 (3) TECHNOLOGY.—The term ‘‘technology’’ in2 cludes border surveillance and detection technology, 

3 including linear ground detection systems, associated 

4 with a border wall. 

5 SEC. 103. STRENGTHENING THE REQUIREMENTS FOR BAR6 RIERS ALONG THE SOUTHERN BORDER. 

7 Section 102 of the Illegal Immigration Reform and 

8 Immigrant Responsibility Act of 1996 (Division C of Pub9 lic Law 104–208; 8 U.S.C. 1103 note) is amended— 

10 (1) by amending subsection (a) to read as fol11 lows: 

12 ‘‘(a) IN GENERAL.—The Secretary of Homeland Se13 curity shall take such actions as may be necessary (includ14 ing the removal of obstacles to detection of illegal en15 trants) to design, test, construct, install, deploy, integrate, 

16 and operate physical barriers, tactical infrastructure, and 

17 technology in the vicinity of the southwest border to 

18 achieve situational awareness and operational control of 

19 the southwest border and deter, impede, and detect unlaw20 ful activity.’’; 

21 (2) in subsection (b)— 

22 (A) in the subsection heading, by striking 

23 ‘‘FENCING AND ROAD IMPROVEMENTS’’ and in24 serting ‘‘PHYSICAL BARRIERS’’; 

25 (B) in paragraph (1)— 


pbinns on DSKJLVW7X2PROD with $$_JOB
8 

•S 2824 IS

1 (i) in the heading, by striking ‘‘FENC2 ING’’ and inserting ‘‘BARRIERS’’; 

3 (ii) by amending subparagraph (A) to 

4 read as follows: 

5 ‘‘(A) REINFORCED BARRIERS.—In carrying 

6 out this section, the Secretary of Homeland Se7 curity shall construct a border wall, including 

8 physical barriers, tactical infrastructure, and 

9 technology, along not fewer than 900 miles of 

10 the southwest border until situational aware11 ness and operational control of the southwest 

12 border is achieved.’’; 

13 (iii) by amending subparagraph (B) to 

14 read as follows: 

15 ‘‘(B) PHYSICAL BARRIERS AND TACTICAL

16 INFRASTRUCTURE.—In carrying out this sec17 tion, the Secretary of Homeland Security shall 

18 deploy along the southwest border the most 

19 practical and effective physical barriers, tactical 

20 infrastructure, and technology available for 

21 achieving situational awareness and operational 

22 control of the southwest border.’’; 

23 (iv) in subparagraph (C)— 

24 (I) by amending clause (i) to 

25 read as follows: 


pbinns on DSKJLVW7X2PROD with $$_JOB
9 

•S 2824 IS

1 ‘‘(i) IN GENERAL.—In carrying out 

2 this section, the Secretary of Homeland 

3 Security shall consult with the Secretary of 

4 the Interior, the Secretary of Agriculture, 

5 appropriate representatives of State, Trib6 al, and local governments, and appropriate 

7 private property owners in the United 

8 States to minimize the impact on natural 

9 resources, commerce, and sites of historical 

10 or cultural significance for the commu11 nities and residents located near the sites 

12 at which physical barriers, tactical infra13 structure, and technology are to be con14 structed. Such consultation may not delay 

15 such construction for longer than seven 

16 days.’’; and 

17 (II) in clause (ii)— 

18 (aa) in subclause (I), by 

19 striking ‘‘or’’ after the semicolon 

20 at the end; 

21 (bb) by amending subclause 

22 (II) to read as follows: 

23 ‘‘(II) delay the transfer to the 

24 United States of the possession of 

25 property or affect the validity of any 


pbinns on DSKJLVW7X2PROD with $$_JOB
10 

•S 2824 IS

1 property acquisition by the United 

2 States by purchase or eminent do3 main, or to otherwise affect the emi4 nent domain laws of the United States 

5 or of any State; or’’; and 

6 (cc) by adding at the end 

7 the following new subclause: 

8 ‘‘(III) create any right or liability 

9 for any party.’’; and 

10 (v) by striking subparagraph (D); 

11 (C) in paragraph (2)— 

12 (i) by striking ‘‘Attorney General’’ 

13 and inserting ‘‘Secretary of Homeland Se14 curity’’; 

15 (ii) by striking ‘‘this subsection’’ and 

16 inserting ‘‘this section’’; and 

17 (iii) by striking ‘‘construction of 

18 fences’’ and inserting ‘‘the construction of 

19 physical barriers, tactical infrastructure, 

20 and technology’’; 

21 (D) by amending paragraph (3) to read as 

22 follows: 

23 ‘‘(3) AGENT SAFETY.—In carrying out this sec24 tion, the Secretary of Homeland Security, when de25 signing, testing, constructing, installing, deploying, 


pbinns on DSKJLVW7X2PROD with $$_JOB
11 

•S 2824 IS

1 integrating, and operating physical barriers, tactical 

2 infrastructure, or technology, shall incorporate such 

3 safety features into such design, test, construction, 

4 installation, deployment, integration, or operation of 

5 such physical barriers, tactical infrastructure, or 

6 technology, as the case may be, that the Secretary 

7 determines are necessary to maximize the safety and 

8 effectiveness of officers and agents of the Depart9 ment of Homeland Security or of any other Federal 

10 agency deployed in the vicinity of such physical bar11 riers, tactical infrastructure, or technology.’’; and 

12 (E) in paragraph (4), by striking ‘‘this 

13 subsection’’ and inserting ‘‘this section’’; 

14 (3) in subsection (c)— 

15 (A) by amending paragraph (1) to read as 

16 follows: 

17 ‘‘(1) IN GENERAL.—Notwithstanding any other 

18 provision of law, the Secretary of Homeland Security 

19 shall waive all legal requirements necessary to en20 sure the expeditious design, testing, construction, in21 stallation, deployment, integration, operation, and 

22 maintenance of the physical barriers, tactical infra23 structure, and technology under this section. The 

24 Secretary shall ensure the maintenance and effec25 tiveness of such physical barriers, tactical infrastrucVerDate Sep 11 2014 21:39 Sep 16, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S2824.IS S2824

pbinns on DSKJLVW7X2PROD with $$_JOB
12 

•S 2824 IS

1 ture, or technology. Any such action by the Sec2 retary shall be effective upon publication in the Fed3 eral Register.’’; 

4 (B) by redesignating paragraph (2) as 

5 paragraph (3); and 

6 (C) by inserting after paragraph (1) the 

7 following new paragraph: 

8 ‘‘(2) NOTIFICATION.—Not later than seven 

9 days after the date on which the Secretary of Home10 land Security exercises a waiver pursuant to para11 graph (1), the Secretary shall notify the Committee 

12 on Homeland Security of the House of Representa13 tives and the Committee on Homeland Security and 

14 Governmental Affairs of the Senate of such waiver.’’; 

15 and 

16 (4) by adding at the end the following new sub17 sections: 

18 ‘‘(e) TECHNOLOGY.—In carrying out this section, the 

19 Secretary of Homeland Security shall deploy along the 

20 southwest border the most practical and effective tech21 nology available for achieving situational awareness and 

22 operational control. 

23 ‘‘(f) DEFINITIONS.—In this section: 

24 ‘‘(1) ADVANCED UNATTENDED SURVEILLANCE

25 SENSORS.—The term ‘advanced unattended surveilVerDate Sep 11 2014 21:39 Sep 16, 2023 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S2824.IS S2824

pbinns on DSKJLVW7X2PROD with $$_JOB
13 

•S 2824 IS

1 lance sensors’ means sensors that utilize an onboard 

2 computer to analyze detections in an effort to dis3 cern between vehicles, humans, and animals, and ul4 timately filter false positives prior to transmission. 

5 ‘‘(2) OPERATIONAL CONTROL.—The term ‘oper6 ational control’ has the meaning given such term in 

7 section 2(b) of the Secure Fence Act of 2006 (Public 

8 Law 109–367; 8 U.S.C. 1701 note). 

9 ‘‘(3) PHYSICAL BARRIERS.—The term ‘physical 

10 barriers’ includes reinforced fencing, the border wall, 

11 and levee walls. 

12 ‘‘(4) SITUATIONAL AWARENESS.—The term ‘sit13 uational awareness’ has the meaning given such 

14 term in section 1092(a)(7) of the National Defense 

15 Authorization Act for Fiscal Year 2017 (Public Law 

16 114–328; 6 U.S.C. 223(a)(7)). 

17 ‘‘(5) TACTICAL INFRASTRUCTURE.—The term 

18 ‘tactical infrastructure’ includes boat ramps, access 

19 gates, checkpoints, lighting, and roads. 

20 ‘‘(6) TECHNOLOGY.—The term ‘technology’ in21 cludes border surveillance and detection technology, 

22 including the following: 

23 ‘‘(A) Tower-based surveillance technology. 

24 ‘‘(B) Deployable, lighter-than-air ground 

25 surveillance equipment. 


pbinns on DSKJLVW7X2PROD with $$_JOB
14 

•S 2824 IS

1 ‘‘(C) Vehicle and Dismount Exploitation 

2 Radars (VADER). 

3 ‘‘(D) 3-dimensional, seismic acoustic detec4 tion and ranging border tunneling detection 

5 technology. 

6 ‘‘(E) Advanced unattended surveillance 

7 sensors. 

8 ‘‘(F) Mobile vehicle-mounted and man9 portable surveillance capabilities. 

10 ‘‘(G) Unmanned aircraft systems. 

11 ‘‘(H) Tunnel detection systems and other 

12 seismic technology. 

13 ‘‘(I) Fiber-optic cable. 

14 ‘‘(J) Other border detection, communica15 tion, and surveillance technology. 

16 ‘‘(7) UNMANNED AIRCRAFT SYSTEM.—The term 

17 ‘unmanned aircraft system’ has the meaning given 

18 such term in section 44801 of title 49, United 

19 States Code.’’. 

20 SEC. 104. BORDER AND PORT SECURITY TECHNOLOGY IN21 VESTMENT PLAN. 

22 (a) IN GENERAL.—Not later than 180 days after the 

23 date of the enactment of this Act, the Commissioner, in 

24 consultation with covered officials and border and port se25 curity technology stakeholders, shall submit to the approVerDate Sep 11 2014 21:39 Sep 16, 2023 Jkt 039200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S2824.IS S2824

pbinns on DSKJLVW7X2PROD with $$_JOB
15 

•S 2824 IS

1 priate congressional committees a strategic 5-year tech2 nology investment plan (in this section referred to as the 

3 ‘‘plan’’). The plan may include a classified annex, if appro4 priate. 

5 (b) CONTENTS OF PLAN.—The plan shall include the 

6 following: 

7 (1) An analysis of security risks at and between 

8 ports of entry along the northern and southern bor9 ders of the United States. 

10 (2) An identification of capability gaps with re11 spect to security at and between such ports of entry 

12 to be mitigated in order to— 

13 (A) prevent terrorists and instruments of 

14 terror from entering the United States; 

15 (B) combat and reduce cross-border crimi16 nal activity, including— 

17 (i) the transport of illegal goods, such 

18 as illicit drugs; and 

19 (ii) human smuggling and human 

20 trafficking; and 

21 (C) facilitate the flow of legal trade across 

22 the southwest border. 

23 (3) An analysis of current and forecast trends 

24 relating to the number of aliens who— 


pbinns on DSKJLVW7X2PROD with $$_JOB
16 

•S 2824 IS

1 (A) unlawfully entered the United States 

2 by crossing the northern or southern border of 

3 the United States; or 

4 (B) are unlawfully present in the United 

5 States. 

6 (4) A description of security-related technology 

7 acquisitions, to be listed in order of priority, to ad8 dress the security risks and capability gaps analyzed 

9 and identified pursuant to paragraphs (1) and (2), 

10 respectively. 

11 (5) A description of each planned security-re12 lated technology program, including objectives, goals, 

13 and timelines for each such program. 

14 (6) An identification of each deployed security15 related technology that is at or near the end of the 

16 life cycle of such technology. 

17 (7) A description of the test, evaluation, mod18 eling, and simulation capabilities, including target 

19 methodologies, rationales, and timelines, necessary 

20 to support the acquisition of security-related tech21 nologies pursuant to paragraph (4). 

22 (8) An identification and assessment of ways to 

23 increase opportunities for communication and col24 laboration with the private sector, small and dis25 advantaged businesses, intragovernment entities, 


pbinns on DSKJLVW7X2PROD with $$_JOB
17 

•S 2824 IS

1 university centers of excellence, and Federal labora2 tories to ensure CBP is able to engage with the mar3 ket for security-related technologies that are avail4 able to satisfy its mission needs before engaging in 

5 an acquisition of a security-related technology. 

6 (9) An assessment of the management of 

7 planned security-related technology programs by the 

8 acquisition workforce of CBP. 

9 (10) An identification of ways to leverage al10 ready-existing acquisition expertise within the Fed11 eral Government. 

12 (11) A description of the security resources, in13 cluding information security resources, required to 

14 protect security-related technology from physical or 

15 cyber theft, diversion, sabotage, or attack. 

16 (12) A description of initiatives to— 

17 (A) streamline the acquisition process of 

18 CBP; and 

19 (B) provide to the private sector greater 

20 predictability and transparency with respect to 

21 such process, including information relating to 

22 the timeline for testing and evaluation of secu23 rity-related technology. 


pbinns on DSKJLVW7X2PROD with $$_JOB
18 

•S 2824 IS

1 (13) An assessment of the privacy and security 

2 impact on border communities of security-related 

3 technology. 

4 (14) In the case of a new acquisition leading to 

5 the removal of equipment from a port of entry along 

6 the northern or southern border of the United 

7 States, a strategy to consult with the private sector 

8 and community stakeholders affected by such re9 moval. 

10 (15) A strategy to consult with the private sec11 tor and community stakeholders with respect to se12 curity impacts at a port of entry described in para13 graph (14). 

14 (16) An identification of recent technological 

15 advancements in the following: 

16 (A) Manned aircraft sensor, communica17 tion, and common operating picture technology. 

18 (B) Unmanned aerial systems and related 

19 technology, including counter-unmanned aerial 

20 system technology. 

21 (C) Surveillance technology, including the 

22 following: 

23 (i) Mobile surveillance vehicles. 

24 (ii) Associated electronics, including 

25 cameras, sensor technology, and radar. 


pbinns on DSKJLVW7X2PROD with $$_JOB
19 

•S 2824 IS

1 (iii) Tower-based surveillance tech2 nology. 

3 (iv) Advanced unattended surveillance 

4 sensors. 

5 (v) Deployable, lighter-than-air, 

6 ground surveillance equipment. 

7 (D) Nonintrusive inspection technology, in8 cluding non-x-ray devices utilizing muon tomog9 raphy and other advanced detection technology. 

10 (E) Tunnel detection technology. 

11 (F) Communications equipment, including 

12 the following: 

13 (i) Radios. 

14 (ii) Long-term evolution broadband. 

15 (iii) Miniature satellites. 

16 (c) LEVERAGING THE PRIVATE SECTOR.—To the ex17 tent practicable, the plan shall— 

18 (1) leverage emerging technological capabilities, 

19 and research and development trends, within the 

20 public and private sectors; 

21 (2) incorporate input from the private sector, 

22 including from border and port security stake23 holders, through requests for information, industry 

24 day events, and other innovative means consistent 

25 with the Federal Acquisition Regulation; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
20 

•S 2824 IS

1 (3) identify security-related technologies that 

2 are in development or deployed, with or without ad3 aptation, that may satisfy the mission needs of CBP. 

4 (d) FORM.—To the extent practicable, the plan shall 

5 be published in unclassified form on the website of the 

6 Department. 

7 (e) DISCLOSURE.—The plan shall include an identi8 fication of individuals not employed by the Federal Gov9 ernment, and their professional affiliations, who contrib10 uted to the development of the plan. 

11 (f) UPDATE AND REPORT.—Not later than the date 

12 that is two years after the date on which the plan is sub13 mitted to the appropriate congressional committees pursu14 ant to subsection (a) and biennially thereafter for ten 

15 years, the Commissioner shall submit to the appropriate 

16 congressional committees— 

17 (1) an update of the plan, if appropriate; and 

18 (2) a report that includes— 

19 (A) the extent to which each security-re20 lated technology acquired by CBP since the ini21 tial submission of the plan or most recent up22 date of the plan, as the case may be, is con23 sistent with the planned technology programs 

24 and projects described pursuant to subsection 

25 (b)(5); and 


pbinns on DSKJLVW7X2PROD with $$_JOB
21 

•S 2824 IS

1 (B) the type of contract and the reason for 

2 acquiring each such security-related technology. 

3 (g) DEFINITIONS.—In this section: 

4 (1) APPROPRIATE CONGRESSIONAL COMMIT5 TEES.—The term ‘‘appropriate congressional com6 mittees’’ means— 

7 (A) the Committee on Homeland Security 

8 and the Committee on Appropriations of the 

9 House of Representatives; and 

10 (B) the Committee on Homeland Security 

11 and Governmental Affairs and the Committee 

12 on Appropriations of the Senate. 

13 (2) COVERED OFFICIALS.—The term ‘‘covered 

14 officials’’ means— 

15 (A) the Under Secretary for Management 

16 of the Department; 

17 (B) the Under Secretary for Science and 

18 Technology of the Department; and 

19 (C) the Chief Information Officer of the 

20 Department. 

21 (3) UNLAWFULLY PRESENT.—The term ‘‘un22 lawfully present’’ has the meaning provided such 

23 term in section 212(a)(9)(B)(ii) of the Immigration 

24 and Nationality Act (8 U.S.C. 1182(a)(9)(B)(ii)). 


pbinns on DSKJLVW7X2PROD with $$_JOB
22 

•S 2824 IS

1 SEC. 105. BORDER SECURITY TECHNOLOGY PROGRAM 

2 MANAGEMENT. 

3 (a) IN GENERAL.—Subtitle C of title IV of the 

4 Homeland Security Act of 2002 (6 U.S.C. 231 et seq.) 

5 is amended by adding at the end the following new section: 

6 ‘‘SEC. 437. BORDER SECURITY TECHNOLOGY PROGRAM 

7 MANAGEMENT. 

8 ‘‘(a) MAJOR ACQUISITION PROGRAM DEFINED.—In 

9 this section, the term ‘major acquisition program’ means 

10 an acquisition program of the Department that is esti11 mated by the Secretary to require an eventual total ex12 penditure of at least $100,000,000 (based on fiscal year 

13 2023 constant dollars) over its life-cycle cost. 

14 ‘‘(b) PLANNING DOCUMENTATION.—For each border 

15 security technology acquisition program of the Depart16 ment that is determined to be a major acquisition pro17 gram, the Secretary shall— 

18 ‘‘(1) ensure that each such program has a writ19 ten acquisition program baseline approved by the 

20 relevant acquisition decision authority; 

21 ‘‘(2) document that each such program is satis22 fying cost, schedule, and performance thresholds as 

23 specified in such baseline, in compliance with rel24 evant departmental acquisition policies and the Fed25 eral Acquisition Regulation; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
23 

•S 2824 IS

1 ‘‘(3) have a plan for satisfying program imple2 mentation objectives by managing contractor per3 formance. 

4 ‘‘(c) ADHERENCE TO STANDARDS.—The Secretary, 

5 acting through the Under Secretary for Management and 

6 the Commissioner of U.S. Customs and Border Protection, 

7 shall ensure border security technology acquisition pro8 gram managers who are responsible for carrying out this 

9 section adhere to relevant internal control standards iden10 tified by the Comptroller General of the United States. 

11 The Commissioner shall provide information, as needed, 

12 to assist the Under Secretary in monitoring management 

13 of border security technology acquisition programs under 

14 this section. 

15 ‘‘(d) PLAN.—The Secretary, acting through the 

16 Under Secretary for Management, in coordination with 

17 the Under Secretary for Science and Technology and the 

18 Commissioner of U.S. Customs and Border Protection, 

19 shall submit to the Committee on Homeland Security of 

20 the House of Representatives and the Committee on 

21 Homeland Security and Governmental Affairs of the Sen22 ate a plan for testing, evaluating, and using independent 

23 verification and validation of resources relating to the pro24 posed acquisition of border security technology. Under 

25 such plan, the proposed acquisition of new border security 


pbinns on DSKJLVW7X2PROD with $$_JOB
24 

•S 2824 IS

1 technologies shall be evaluated through a series of assess2 ments, processes, and audits to ensure— 

3 ‘‘(1) compliance with relevant departmental ac4 quisition policies and the Federal Acquisition Regu5 lation; and 

6 ‘‘(2) the effective use of taxpayer dollars.’’. 

7 (b) CLERICAL AMENDMENT.—The table of contents 

8 in section 1(b) of the Homeland Security Act of 2002 is 

9 amended by inserting after the item relating to section 

10 436 the following new item: 

‘‘Sec. 437. Border security technology program management.’’. 

11 (c) PROHIBITION ON ADDITIONAL AUTHORIZATION

12 OF APPROPRIATIONS.—No additional funds are author13 ized to be appropriated to carry out section 437 of the 

14 Homeland Security Act of 2002, as added by subsection 

15 (a). 

16 SEC. 106. U.S. CUSTOMS AND BORDER PROTECTION TECH17 NOLOGY UPGRADES. 

18 (a) SECURE COMMUNICATIONS.—The Commissioner 

19 shall ensure that each CBP officer or agent, as appro20 priate, is equipped with a secure radio or other two-way 

21 communication device that allows each such officer or 

22 agent to communicate— 

23 (1) between ports of entry and inspection sta24 tions; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
25 

•S 2824 IS

1 (2) with other Federal, State, Tribal, and local 

2 law enforcement entities. 

3 (b) BORDER SECURITY DEPLOYMENT PROGRAM.— 

4 (1) EXPANSION.—Not later than September 30, 

5 2025, the Commissioner shall— 

6 (A) fully implement the Border Security 

7 Deployment Program of CBP; and 

8 (B) expand the integrated surveillance and 

9 intrusion detection system at land ports of 

10 entry along the northern and southern borders 

11 of the United States. 

12 (2) AUTHORIZATION OF APPROPRIATIONS.—In 

13 addition to amounts otherwise authorized to be ap14 propriated for such purpose, there is authorized to 

15 be appropriated $33,000,000 for fiscal years 2024 

16 and 2025 to carry out paragraph (1). 

17 (c) UPGRADE OF LICENSE PLATE READERS AT

18 PORTS OF ENTRY.— 

19 (1) UPGRADE.—Not later than two years after 

20 the date of the enactment of this Act, the Commis21 sioner shall upgrade all existing license plate readers 

22 in need of upgrade, as determined by the Commis23 sioner, on the northern and southern borders of the 

24 United States. 


pbinns on DSKJLVW7X2PROD with $$_JOB
26 

•S 2824 IS

1 (2) AUTHORIZATION OF APPROPRIATIONS.—In 

2 addition to amounts otherwise authorized to be ap3 propriated for such purpose, there is authorized to 

4 be appropriated $125,000,000 for fiscal years 2023 

5 and 2024 to carry out paragraph (1). 

6 SEC. 107. U.S. CUSTOMS AND BORDER PROTECTION PER7 SONNEL. 

8 (a) RETENTION BONUS.—To carry out this section, 

9 there is authorized to be appropriated up to $100,000,000 

10 to the Commissioner to provide a retention bonus to any 

11 front-line U.S. Border Patrol law enforcement agent— 

12 (1) whose position is equal to or below level GS13 12 of the General Schedule; 

14 (2) who has five years or more of service with 

15 the U.S. Border Patrol; and 

16 (3) who commits to two years of additional 

17 service with the U.S. Border Patrol upon acceptance 

18 of such bonus. 

19 (b) BORDER PATROL AGENTS.—Not later than Sep20 tember 30, 2025, the Commissioner shall hire, train, and 

21 assign a sufficient number of Border Patrol agents to 

22 maintain an active duty presence of not fewer than 22,000 

23 full-time equivalent Border Patrol agents, who may not 

24 perform the duties of processing coordinators. 


pbinns on DSKJLVW7X2PROD with $$_JOB
27 

•S 2824 IS

1 (c) PROHIBITION AGAINST ALIEN TRAVEL.—No per2 sonnel or equipment of Air and Marine Operations may 

3 be used for the transportation of non-detained aliens, or 

4 detained aliens expected to be administratively released 

5 upon arrival, from the southwest border to destinations 

6 within the United States. 

7 (d) GAO REPORT.—If the staffing level required 

8 under this section is not achieved by the date associated 

9 with such level, the Comptroller General of the United 

10 States shall— 

11 (1) conduct a review of the reasons why such 

12 level was not so achieved; and 

13 (2) not later than September 30, 2027, publish 

14 on a publicly available website of the Government 

15 Accountability Office a report relating thereto. 

16 SEC. 108. ANTI-BORDER CORRUPTION ACT REAUTHORIZA17 TION. 

18 (a) HIRING FLEXIBILITY.—Section 3 of the Anti19 Border Corruption Act of 2010 (6 U.S.C. 221; Public Law 

20 111–376) is amended by striking subsection (b) and in21 serting the following new subsections: 

22 ‘‘(b) WAIVER REQUIREMENT.—Subject to subsection 

23 (c), the Commissioner of U.S. Customs and Border Pro24 tection shall waive the application of subsection (a)(1)— 


pbinns on DSKJLVW7X2PROD with $$_JOB
28 

•S 2824 IS

1 ‘‘(1) to a current, full-time law enforcement of2 ficer employed by a State or local law enforcement 

3 agency who— 

4 ‘‘(A) has continuously served as a law en5 forcement officer for not fewer than three 

6 years; 

7 ‘‘(B) is authorized by law to engage in or 

8 supervise the prevention, detection, investiga9 tion, or prosecution of, or the incarceration of 

10 any person for, any violation of law, and has 

11 statutory powers for arrest or apprehension; 

12 and 

13 ‘‘(C) is not currently under investigation, 

14 has not been found to have engaged in criminal 

15 activity or serious misconduct, has not resigned 

16 from a law enforcement officer position under 

17 investigation or in lieu of termination, and has 

18 not been dismissed from a law enforcement offi19 cer position; 

20 ‘‘(2) to a current, full-time Federal law enforce21 ment officer who— 

22 ‘‘(A) has continuously served as a law en23 forcement officer for not fewer than three 

24 years; 


pbinns on DSKJLVW7X2PROD with $$_JOB
29 

•S 2824 IS

1 ‘‘(B) is authorized to make arrests, con2 duct investigations, conduct searches, make sei3 zures, carry firearms, and serve orders, war4 rants, and other processes; 

5 ‘‘(C) is not currently under investigation, 

6 has not been found to have engaged in criminal 

7 activity or serious misconduct, has not resigned 

8 from a law enforcement officer position under 

9 investigation or in lieu of termination, and has 

10 not been dismissed from a law enforcement offi11 cer position; and 

12 ‘‘(D) holds a current Tier 4 background 

13 investigation or current Tier 5 background in14 vestigation; or 

15 ‘‘(3) to a member of the Armed Forces (or a re16 serve component thereof) or a veteran, if such indi17 vidual— 

18 ‘‘(A) has served in the Armed Forces for 

19 not fewer than three years; 

20 ‘‘(B) holds, or has held within the past five 

21 years, a Secret, Top Secret, or Top Secret/Sen22 sitive Compartmented Information clearance; 

23 ‘‘(C) holds, or has undergone within the 

24 past five years, a current Tier 4 background inVerDate Sep 11 2014 21:39 Sep 16, 2023 Jkt 039200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S2824.IS S2824

pbinns on DSKJLVW7X2PROD with $$_JOB
30 

•S 2824 IS

1 vestigation or current Tier 5 background inves2 tigation; 

3 ‘‘(D) received, or is eligible to receive, an 

4 honorable discharge from service in the Armed 

5 Forces and has not engaged in criminal activity 

6 or committed a serious military or civil offense 

7 under the Uniform Code of Military Justice; 

8 and 

9 ‘‘(E) was not granted any waivers to ob10 tain the clearance referred to in subparagraph 

11 (B). 

12 ‘‘(c) TERMINATION OF WAIVER REQUIREMENT; 

13 SNAP-BACK.—The requirement to issue a waiver under 

14 subsection (b) shall terminate if the Commissioner of U.S. 

15 Customs and Border Protection (CBP) certifies to the 

16 Committee on Homeland Security of the House of Rep17 resentatives and the Committee on Homeland Security 

18 and Governmental Affairs of the Senate that CBP has met 

19 all requirements pursuant to section 107 of the Secure the 

20 Border Act of 2023 relating to personnel levels. If at any 

21 time after such certification personnel levels fall below 

22 such requirements, the Commissioner shall waive the ap23 plication of subsection (a)(1) until such time as the Com24 missioner re-certifies to such Committees that CBP has 

25 so met all such requirements.’’. 


pbinns on DSKJLVW7X2PROD with $$_JOB
31 

•S 2824 IS

1 (b) SUPPLEMENTAL COMMISSIONER AUTHORITY; 

2 REPORTING; DEFINITIONS.—The Anti-Border Corruption 

3 Act of 2010 is amended by adding at the end the following 

4 new sections: 

5 ‘‘SEC. 5. SUPPLEMENTAL COMMISSIONER AUTHORITY. 

6 ‘‘(a) NONEXEMPTION.—An individual who receives a 

7 waiver under section 3(b) is not exempt from any other 

8 hiring requirements relating to suitability for employment 

9 and eligibility to hold a national security designated posi10 tion, as determined by the Commissioner of U.S. Customs 

11 and Border Protection. 

12 ‘‘(b) BACKGROUND INVESTIGATIONS.—An individual 

13 who receives a waiver under section 3(b) who holds a cur14 rent Tier 4 background investigation shall be subject to 

15 a Tier 5 background investigation. 

16 ‘‘(c) ADMINISTRATION OF POLYGRAPH EXAMINA17 TION.—The Commissioner of U.S. Customs and Border 

18 Protection is authorized to administer a polygraph exam19 ination to an applicant or employee who is eligible for or 

20 receives a waiver under section 3(b) if information is dis21 covered before the completion of a background investiga22 tion that results in a determination that a polygraph ex23 amination is necessary to make a final determination re24 garding suitability for employment or continued employ25 ment, as the case may be. 


pbinns on DSKJLVW7X2PROD with $$_JOB
32 

•S 2824 IS

1 ‘‘SEC. 6. REPORTING. 

2 ‘‘(a) ANNUAL REPORT.—Not later than one year 

3 after the date of the enactment of this section and annu4 ally thereafter while the waiver authority under section 

5 3(b) is in effect, the Commissioner of U.S. Customs and 

6 Border Protection shall submit to Congress a report that 

7 includes, with respect to each such reporting period, the 

8 following: 

9 ‘‘(1) Information relating to the number of 

10 waivers granted under such section 3(b). 

11 ‘‘(2) Information relating to the percentage of 

12 applicants who were hired after receiving such a 

13 waiver. 

14 ‘‘(3) Information relating to the number of in15 stances that a polygraph was administered to an ap16 plicant who initially received such a waiver and the 

17 results of such polygraph. 

18 ‘‘(4) An assessment of the current impact of 

19 such waiver authority on filling law enforcement po20 sitions at U.S. Customs and Border Protection. 

21 ‘‘(5) An identification of additional authorities 

22 needed by U.S. Customs and Border Protection to 

23 better utilize such waiver authority for its intended 

24 goals. 

25 ‘‘(b) ADDITIONAL INFORMATION.—The first report 

26 submitted under subsection (a) shall include the following: 


pbinns on DSKJLVW7X2PROD with $$_JOB
33 

•S 2824 IS

1 ‘‘(1) An analysis of other methods of employ2 ment suitability tests that detect deception and could 

3 be used in conjunction with traditional background 

4 investigations to evaluate potential applicants or em5 ployees for suitability for employment or continued 

6 employment, as the case may be. 

7 ‘‘(2) A recommendation regarding whether a 

8 test referred to in paragraph (1) should be adopted 

9 by U.S. Customs and Border Protection when the 

10 polygraph examination requirement is waived pursu11 ant to section 3(b). 

12 ‘‘SEC. 7. DEFINITIONS. 

13 ‘‘In this Act: 

14 ‘‘(1) FEDERAL LAW ENFORCEMENT OFFICER.— 

15 The term ‘Federal law enforcement officer’ means a 

16 ‘law enforcement officer’, as such term is defined in 

17 section 8331(20) or 8401(17) of title 5, United 

18 States Code. 

19 ‘‘(2) SERIOUS MILITARY OR CIVIL OFFENSE.— 

20 The term ‘serious military or civil offense’ means an 

21 offense for which— 

22 ‘‘(A) a member of the Armed Forces may 

23 be discharged or separated from service in the 

24 Armed Forces; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
34 

•S 2824 IS

1 ‘‘(B) a punitive discharge is, or would be, 

2 authorized for the same or a closely related of3 fense under the Manual for Court-Martial, as 

4 pursuant to Army Regulation 635–200, chapter 

5 14–12. 

6 ‘‘(3) TIER 4; TIER 5.—The terms ‘Tier 4’ and 

7 ‘Tier 5’, with respect to background investigations, 

8 have the meaning given such terms under the 2012 

9 Federal Investigative Standards. 

10 ‘‘(4) VETERAN.—The term ‘veteran’ has the 

11 meaning given such term in section 101(2) of title 

12 38, United States Code.’’. 

13 (c) POLYGRAPH EXAMINERS.—Not later than Sep14 tember 30, 2025, the Secretary shall increase to not fewer 

15 than 150 the number of trained full-time equivalent poly16 graph examiners for administering polygraphs under the 

17 Anti-Border Corruption Act of 2010, as amended by this 

18 section. 

19 SEC. 109. ESTABLISHMENT OF WORKLOAD STAFFING MOD20 ELS FOR U.S. BORDER PATROL AND AIR AND 

21 MARINE OPERATIONS OF CBP. 

22 (a) IN GENERAL.—Not later than one year after the 

23 date of the enactment of this Act, the Commissioner, in 

24 coordination with the Under Secretary for Management, 

25 the Chief Human Capital Officer, and the Chief Financial 


pbinns on DSKJLVW7X2PROD with $$_JOB
35 

•S 2824 IS

1 Officer of the Department, shall implement a workload 

2 staffing model for each of the following: 

3 (1) The U.S. Border Patrol. 

4 (2) Air and Marine Operations of CBP. 

5 (b) RESPONSIBILITIES OF THE COMMISSIONER.— 

6 Subsection (c) of section 411 of the Homeland Security 

7 Act of 2002 (6 U.S.C. 211), is amended— 

8 (1) by redesignating paragraphs (18) and (19) 

9 as paragraphs (20) and (21), respectively; and 

10 (2) by inserting after paragraph (17) the fol11 lowing new paragraphs: 

12 ‘‘(18) implement a staffing model for the U.S. 

13 Border Patrol, Air and Marine Operations, and the 

14 Office of Field Operations that includes consider15 ation for essential frontline operator activities and 

16 functions, variations in operating environments, 

17 present and planned infrastructure, present and 

18 planned technology, and required operations support 

19 levels to enable such entities to manage and assign 

20 personnel of such entities to ensure field and sup21 port posts possess adequate resources to carry out 

22 duties specified in this section; 

23 ‘‘(19) develop standard operating procedures 

24 for a workforce tracking system within the U.S. 

25 Border Patrol, Air and Marine Operations, and the 


pbinns on DSKJLVW7X2PROD with $$_JOB
36 

•S 2824 IS

1 Office of Field Operations, train the workforce of 

2 each of such entities on the use, capabilities, and 

3 purpose of such system, and implement internal con4 trols to ensure timely and accurate scheduling and 

5 reporting of actual completed work hours and activi6 ties;’’. 

7 (c) REPORT.— 

8 (1) IN GENERAL.—Not later than one year 

9 after the date of the enactment of this Act with re10 spect to subsection (a) and paragraphs (18) and 

11 (19) of section 411(c) of the Homeland Security Act 

12 of 2002 (as amended by subsection (b)), and annu13 ally thereafter with respect to such paragraphs (18) 

14 and (19), the Secretary shall submit to the appro15 priate congressional committees a report that in16 cludes a status update on the following: 

17 (A) The implementation of such subsection 

18 (a) and such paragraphs (18) and (19). 

19 (B) Each relevant workload staffing model. 

20 (2) DATA SOURCES AND METHODOLOGY RE21 QUIRED.—Each report required under paragraph (1) 

22 shall include information relating to the data sources 

23 and methodology used to generate each relevant 

24 staffing model. 


pbinns on DSKJLVW7X2PROD with $$_JOB
37 

•S 2824 IS

1 (d) INSPECTOR GENERAL REVIEW.—Not later than 

2 90 days after the Commissioner develops the workload 

3 staffing models pursuant to subsection (a), the Inspector 

4 General of the Department shall review such models and 

5 provide feedback to the Secretary and the appropriate con6 gressional committees with respect to the degree to which 

7 such models are responsive to the recommendations of the 

8 Inspector General, including the following: 

9 (1) Recommendations from the Inspector Gen10 eral’s February 2019 audit. 

11 (2) Any further recommendations to improve 

12 such models. 

13 (e) APPROPRIATE CONGRESSIONAL COMMITTEES DE14 FINED.—In this section, the term ‘‘appropriate congres15 sional committees’’ means— 

16 (1) the Committee on Homeland Security of the 

17 House of Representatives; and 

18 (2) the Committee on Homeland Security and 

19 Governmental Affairs of the Senate. 

20 SEC. 110. OPERATION STONEGARDEN. 

21 (a) IN GENERAL.—Subtitle A of title XX of the 

22 Homeland Security Act of 2002 (6 U.S.C. 601 et seq.) 

23 is amended by adding at the end the following new section: 


pbinns on DSKJLVW7X2PROD with $$_JOB
38 

•S 2824 IS

1 ‘‘SEC. 2010. OPERATION STONEGARDEN. 

2 ‘‘(a) ESTABLISHMENT.—There is established in the 

3 Department a program to be known as ‘Operation 

4 Stonegarden’, under which the Secretary, acting through 

5 the Administrator, shall make grants to eligible law en6 forcement agencies, through State administrative agen7 cies, to enhance border security in accordance with this 

8 section. 

9 ‘‘(b) ELIGIBLE RECIPIENTS.—To be eligible to re10 ceive a grant under this section, a law enforcement agency 

11 shall— 

12 ‘‘(1) be located in— 

13 ‘‘(A) a State bordering Canada or Mexico; 

14 or 

15 ‘‘(B) a State or territory with a maritime 

16 border; 

17 ‘‘(2) be involved in an active, ongoing, U.S. 

18 Customs and Border Protection operation coordi19 nated through a U.S. Border Patrol sector office; 

20 and 

21 ‘‘(3) have an agreement in place with U.S. Im22 migration and Customs Enforcement to support en23 forcement operations. 

24 ‘‘(c) PERMITTED USES.—A recipient of a grant 

25 under this section may use such grant for costs associated 

26 with the following: 


pbinns on DSKJLVW7X2PROD with $$_JOB
39 

•S 2824 IS

1 ‘‘(1) Equipment, including maintenance and 

2 sustainment. 

3 ‘‘(2) Personnel, including overtime and backfill, 

4 in support of enhanced border law enforcement ac5 tivities. 

6 ‘‘(3) Any activity permitted for Operation 

7 Stonegarden under the most recent fiscal year De8 partment of Homeland Security’s Homeland Secu9 rity Grant Program Notice of Funding Opportunity. 

10 ‘‘(d) PERIOD OF PERFORMANCE.—The Secretary 

11 shall award grants under this section to grant recipients 

12 for a period of not fewer than 36 months. 

13 ‘‘(e) NOTIFICATION.—Upon denial of a grant to a law 

14 enforcement agency, the Administrator shall provide writ15 ten notice to the Committee on Homeland Security of the 

16 House of Representatives and the Committee on Home17 land Security and Governmental Affairs of the Senate, in18 cluding the reasoning for such denial. 

19 ‘‘(f) REPORT.—For each of fiscal years 2024 through 

20 2028 the Administrator shall submit to the Committee on 

21 Homeland Security of the House of Representatives and 

22 the Committee on Homeland Security and Governmental 

23 Affairs of the Senate a report that contains— 

24 ‘‘(1) information on the expenditure of grants 

25 made under this section by each grant recipient; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
40 

•S 2824 IS

1 ‘‘(2) recommendations for other uses of such 

2 grants to further support eligible law enforcement 

3 agencies. 

4 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

5 is authorized to be appropriated $110,000,000 for each 

6 of fiscal years 2024 through 2028 for grants under this 

7 section.’’. 

8 (b) CONFORMING AMENDMENT.—Subsection (a) of 

9 section 2002 of the Homeland Security Act of 2002 (6 

10 U.S.C. 603) is amended to read as follows: 

11 ‘‘(a) GRANTS AUTHORIZED.—The Secretary, through 

12 the Administrator, may award grants under sections 2003, 

13 2004, 2009, and 2010 to State, local, and Tribal govern14 ments, as appropriate.’’. 

15 (c) CLERICAL AMENDMENT.—The table of contents 

16 in section 1(b) of the Homeland Security Act of 2002 is 

17 amended by inserting after the item relating to section 

18 2009 the following new item: 

‘‘Sec. 2010. Operation Stonegarden.’’. 

19 SEC. 111. AIR AND MARINE OPERATIONS FLIGHT HOURS. 

20 (a) AIR AND MARINE OPERATIONS FLIGHT

21 HOURS.—Not later than 120 days after the date of the 

22 enactment of this Act, the Secretary shall ensure that not 

23 fewer than 110,000 annual flight hours are carried out 

24 by Air and Marine Operations of CBP. 


pbinns on DSKJLVW7X2PROD with $$_JOB
41 

•S 2824 IS

1 (b) UNMANNED AIRCRAFT SYSTEMS.—The Sec2 retary, after coordination with the Administrator of the 

3 Federal Aviation Administration, shall ensure that Air and 

4 Marine Operations operate unmanned aircraft systems on 

5 the southern border of the United States for not less than 

6 24 hours per day. 

7 (c) PRIMARY MISSIONS.—The Commissioner shall 

8 ensure the following: 

9 (1) The primary missions for Air and Marine 

10 Operations are to directly support the following: 

11 (A) U.S. Border Patrol activities along the 

12 borders of the United States. 

13 (B) Joint Interagency Task Force South 

14 and Joint Task Force East operations in the 

15 transit zone. 

16 (2) The Executive Assistant Commissioner of 

17 Air and Marine Operations assigns the greatest pri18 ority to support missions specified in paragraph (1). 

19 (d) HIGH DEMAND FLIGHT HOUR REQUIRE20 MENTS.—The Commissioner shall— 

21 (1) ensure that U.S. Border Patrol Sector 

22 Chiefs identify air support mission-critical hours; 

23 and 

24 (2) direct Air and Marine Operations to sup25 port requests from such Sector Chiefs as a compoVerDate Sep 11 2014 21:39 Sep 16, 2023 Jkt 039200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S2824.IS S2824

pbinns on DSKJLVW7X2PROD with $$_JOB
42 

•S 2824 IS

1 nent of the primary mission of Air and Marine Op2 erations in accordance with subsection (c)(1)(A). 

3 (e) CONTRACT AIR SUPPORT AUTHORIZATIONS.— 

4 The Commissioner shall contract for air support mission5 critical hours to meet the requests for such hours, as iden6 tified pursuant to subsection (d). 

7 (f) SMALL UNMANNED AIRCRAFT SYSTEMS.— 

8 (1) IN GENERAL.—The Chief of the U.S. Bor9 der Patrol shall be the executive agent with respect 

10 to the use of small unmanned aircraft by CBP for 

11 the purposes of the following: 

12 (A) Meeting the unmet flight hour oper13 ational requirements of the U.S. Border Patrol. 

14 (B) Achieving situational awareness and 

15 operational control of the borders of the United 

16 States. 

17 (2) COORDINATION.—In carrying out para18 graph (1), the Chief of the U.S. Border Patrol shall 

19 coordinate— 

20 (A) flight operations with the Adminis21 trator of the Federal Aviation Administration to 

22 ensure the safe and efficient operation of the 

23 national airspace system; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
43 

•S 2824 IS

1 (B) with the Executive Assistant Commis2 sioner for Air and Marine Operations of CBP 

3 to— 

4 (i) ensure the safety of other CBP 

5 aircraft flying in the vicinity of small un6 manned aircraft operated by the U.S. Bor7 der Patrol; and 

8 (ii) establish a process to include data 

9 from flight hours in the calculation of got 

10 away statistics. 

11 (3) CONFORMING AMENDMENT.—Paragraph (3) 

12 of section 411(e) of the Homeland Security Act of 

13 2002 (6 U.S.C. 211(e)) is amended— 

14 (A) in subparagraph (B), by striking 

15 ‘‘and’’ after the semicolon at the end; 

16 (B) by redesignating subparagraph (C) as 

17 subparagraph (D); and 

18 (C) by inserting after subparagraph (B) 

19 the following new subparagraph: 

20 ‘‘(C) carry out the small unmanned air21 craft (as such term is defined in section 44801 

22 of title 49, United States Code) requirements 

23 pursuant to subsection (f) of section 111 of the 

24 Secure the Border Act of 2023; and’’. 


pbinns on DSKJLVW7X2PROD with $$_JOB
44 

•S 2824 IS

1 (g) SAVINGS CLAUSE.—Nothing in this section may 

2 be construed as conferring, transferring, or delegating to 

3 the Secretary, the Commissioner, the Executive Assistant 

4 Commissioner for Air and Marine Operations of CBP, or 

5 the Chief of the U.S. Border Patrol any authority of the 

6 Secretary of Transportation or the Administrator of the 

7 Federal Aviation Administration relating to the use of air8 space or aviation safety. 

9 (h) DEFINITIONS.—In this section: 

10 (1) GOT AWAY.—The term ‘‘got away’’ has the 

11 meaning given such term in section 1092(a)(3) of 

12 the National Defense Authorization Act for Fiscal 

13 Year 2017 (Public Law 114–328; 6 U.S.C. 

14 223(a)(3)). 

15 (2) TRANSIT ZONE.—The term ‘‘transit zone’’ 

16 has the meaning given such term in section 

17 1092(a)(8) of the National Defense Authorization 

18 Act for Fiscal Year 2017 (Public Law 114–328; 6 

19 U.S.C. 223(a)(8)). 

20 SEC. 112. ERADICATION OF CARRIZO CANE AND SALT 

21 CEDAR. 

22 (a) IN GENERAL.—Not later than 30 days after the 

23 date of the enactment of this Act, the Secretary, in coordi24 nation with the heads of relevant Federal, State, and local 

25 agencies, shall hire contractors to begin eradicating the 


pbinns on DSKJLVW7X2PROD with $$_JOB
45 

•S 2824 IS

1 carrizo cane plant and any salt cedar along the Rio 

2 Grande River that impedes border security operations. 

3 Such eradication shall be completed— 

4 (1) by not later than September 30, 2027, ex5 cept for required maintenance; and 

6 (2) in the most expeditious and cost-effective 

7 manner possible to maintain clear fields of view. 

8 (b) APPLICATION.—The waiver authority under sub9 section (c) of section 102 of the Illegal Immigration Re10 form and Immigrant Responsibility Act of 1996 (8 U.S.C. 

11 1103 note), as amended by section 103 of this division, 

12 shall apply to activities carried out pursuant to subsection 

13 (a). 

14 (c) REPORT.—Not later than 180 days after the date 

15 of the enactment of this Act, the Secretary shall submit 

16 to the Committee on Homeland Security of the House of 

17 Representatives and the Committee on Homeland Security 

18 and Governmental Affairs of the Senate a strategic plan 

19 to eradicate all carrizo cane plant and salt cedar along 

20 the Rio Grande River that impedes border security oper21 ations by not later than September 30, 2027. 

22 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

23 authorized to be appropriated $7,000,000 for each of fis24 cal years 2024 through 2028 to the Secretary to carry 

25 out this subsection. 


pbinns on DSKJLVW7X2PROD with $$_JOB
46 

•S 2824 IS

1 SEC. 113. BORDER PATROL STRATEGIC PLAN. 

2 (a) IN GENERAL.—Not later than one year after the 

3 date of the enactment of this Act and biennially thereafter, 

4 the Commissioner, acting through the Chief of the U.S. 

5 Border Patrol, shall issue a Border Patrol Strategic Plan 

6 (referred to in this section as the ‘‘plan’’) to enhance the 

7 security of the borders of the United States. 

8 (b) ELEMENTS.—The plan shall include the fol9 lowing: 

10 (1) A consideration of Border Patrol Capability 

11 Gap Analysis reporting, Border Security Improve12 ment Plans, and any other strategic document au13 thored by the U.S. Border Patrol to address security 

14 gaps between ports of entry, including efforts to 

15 mitigate threats identified in such analyses, plans, 

16 and documents. 

17 (2) Information relating to the dissemination of 

18 information relating to border security or border 

19 threats with respect to the efforts of the Department 

20 and other appropriate Federal agencies. 

21 (3) Information relating to efforts by U.S. Bor22 der Patrol to— 

23 (A) increase situational awareness, includ24 ing— 

25 (i) surveillance capabilities, such as 

26 capabilities developed or utilized by the 


pbinns on DSKJLVW7X2PROD with $$_JOB
47 

•S 2824 IS

1 Department of Defense, and any appro2 priate technology determined to be excess 

3 by the Department of Defense; and 

4 (ii) the use of manned aircraft and 

5 unmanned aircraft; 

6 (B) detect and prevent terrorists and in7 struments of terrorism from entering the 

8 United States; 

9 (C) detect, interdict, and disrupt between 

10 ports of entry aliens unlawfully present in the 

11 United States; 

12 (D) detect, interdict, and disrupt human 

13 smuggling, human trafficking, drug trafficking, 

14 and other illicit cross-border activity; 

15 (E) focus intelligence collection to disrupt 

16 transnational criminal organizations outside of 

17 the international and maritime borders of the 

18 United States; and 

19 (F) ensure that any new border security 

20 technology can be operationally integrated with 

21 existing technologies in use by the Department. 

22 (4) Information relating to initiatives of the De23 partment with respect to operational coordination, 

24 including any relevant task forces of the Depart25 ment. 


pbinns on DSKJLVW7X2PROD with $$_JOB
48 

•S 2824 IS

1 (5) Information gathered from the lessons 

2 learned by the deployments of the National Guard to 

3 the southern border of the United States. 

4 (6) A description of cooperative agreements re5 lating to information sharing with State, local, Trib6 al, territorial, and other Federal law enforcement 

7 agencies that have jurisdiction on the borders of the 

8 United States. 

9 (7) Information relating to border security in10 formation received from the following: 

11 (A) State, local, Tribal, territorial, and 

12 other Federal law enforcement agencies that 

13 have jurisdiction on the borders of the United 

14 States or in the maritime environment. 

15 (B) Border community stakeholders, in16 cluding representatives from the following: 

17 (i) Border agricultural and ranching 

18 organizations. 

19 (ii) Business and civic organizations. 

20 (iii) Hospitals and rural clinics within 

21 150 miles of the borders of the United 

22 States. 

23 (iv) Victims of crime committed by 

24 aliens unlawfully present in the United 

25 States. 


pbinns on DSKJLVW7X2PROD with $$_JOB
49 

•S 2824 IS

1 (v) Victims impacted by drugs, 

2 transnational criminal organizations, car3 tels, gangs, or other criminal activity. 

4 (vi) Farmers, ranchers, and property 

5 owners along the border. 

6 (vii) Other individuals negatively im7 pacted by illegal immigration. 

8 (8) Information relating to the staffing require9 ments with respect to border security for the De10 partment. 

11 (9) A prioritized list of Department research 

12 and development objectives to enhance the security 

13 of the borders of the United States. 

14 (10) An assessment of training programs, in15 cluding such programs relating to the following: 

16 (A) Identifying and detecting fraudulent 

17 documents. 

18 (B) Understanding the scope of CBP en19 forcement authorities and appropriate use of 

20 force policies. 

21 (C) Screening, identifying, and addressing 

22 vulnerable populations, such as children and 

23 victims of human trafficking. 


pbinns on DSKJLVW7X2PROD with $$_JOB
50 

•S 2824 IS

1 SEC. 114. U.S. CUSTOMS AND BORDER PROTECTION SPIR2 ITUAL READINESS. 

3 Not later than one year after the enactment of this 

4 Act and annually thereafter for five years, the Commis5 sioner shall submit to the Committee on Homeland Secu6 rity of the House of Representatives and the Committee 

7 on Homeland Security and Governmental Affairs of the 

8 Senate a report on the availability and usage of the assist9 ance of chaplains, prayer groups, houses of worship, and 

10 other spiritual resources for members of CBP who identify 

11 as religiously affiliated and have attempted suicide, have 

12 suicidal ideation, or are at risk of suicide, and metrics on 

13 the impact such resources have in assisting religiously af14 filiated members who have access to and utilize such re15 sources compared to religiously affiliated members who do 

16 not. 

17 SEC. 115. RESTRICTIONS ON FUNDING. 

18 (a) ARRIVING ALIENS.—No funds are authorized to 

19 be appropriated to the Department to process the entry 

20 into the United States of aliens arriving in between ports 

21 of entry. 

22 (b) RESTRICTION ON NONGOVERNMENTAL ORGANI23 ZATION SUPPORT FOR UNLAWFUL ACTIVITY.—No funds 

24 are authorized to be appropriated to the Department for 

25 disbursement to any nongovernmental organization that 

26 facilitates or encourages unlawful activity, including unVerDate Sep 11 2014 21:39 Sep 16, 2023 Jkt 039200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\S2824.IS S2824

pbinns on DSKJLVW7X2PROD with $$_JOB
51 

•S 2824 IS

1 lawful entry, human trafficking, human smuggling, drug 

2 trafficking, and drug smuggling. 

3 (c) RESTRICTION ON NONGOVERNMENTAL ORGANI4 ZATION FACILITATION OF ILLEGAL IMMIGRATION.—No 

5 funds are authorized to be appropriated to the Depart6 ment for disbursement to any nongovernmental organiza7 tion to provide, or facilitate the provision of, transpor8 tation, lodging, or immigration legal services to inadmis9 sible aliens who enter the United States after the date of 

10 the enactment of this Act. 

11 SEC. 116. COLLECTION OF DNA AND BIOMETRIC INFORMA12 TION AT THE BORDER. 

13 Not later than 14 days after the date of the enact14 ment of this Act, the Secretary shall ensure and certify 

15 to the Committee on Homeland Security of the House of 

16 Representatives and the Committee on Homeland Security 

17 and Governmental Affairs of the Senate that CBP is fully 

18 compliant with Federal DNA and biometric collection re19 quirements at United States land borders. 


pbinns on DSKJLVW7X2PROD with $$_JOB
52 

•S 2824 IS

1 SEC. 117. ERADICATION OF NARCOTIC DRUGS AND FORMU2 LATING EFFECTIVE NEW TOOLS TO ADDRESS 

3 YEARLY LOSSES OF LIFE; ENSURING TIMELY 

4 UPDATES TO U.S. CUSTOMS AND BORDER 

5 PROTECTION FIELD MANUALS. 

6 (a) IN GENERAL.—Not later than 90 days after the 

7 date of the enactment of this Act, and not less frequently 

8 than triennially thereafter, the Commissioner of U.S. Cus9 toms and Border Protection shall review and update, as 

10 necessary, the current policies and manuals of the Office 

11 of Field Operations related to inspections at ports of 

12 entry, and the U.S. Border Patrol related to inspections 

13 between ports of entry, to ensure the uniform implementa14 tion of inspection practices that will effectively respond to 

15 technological and methodological changes designed to dis16 guise unlawful activity, such as the smuggling of drugs 

17 and humans, along the border. 

18 (b) REPORTING REQUIREMENT.—Not later than 90 

19 days after each update required under subsection (a), the 

20 Commissioner of U.S. Customs and Border Protection 

21 shall submit to the Committee on Homeland Security and 

22 the Committee on the Judiciary of the House of Rep23 resentatives and the Committee on Homeland Security 

24 and Governmental Affairs and the Committee on the Judi25 ciary of the Senate a report that summarizes any policy 

26 and manual changes pursuant to subsection (a). 


pbinns on DSKJLVW7X2PROD with $$_JOB
53 

•S 2824 IS

1 SEC. 118. PUBLICATION BY U.S. CUSTOMS AND BORDER 

2 PROTECTION OF OPERATIONAL STATISTICS. 

3 (a) IN GENERAL.—Not later than the seventh day of 

4 each month beginning with the second full month after 

5 the date of the enactment of this Act, the Commissioner 

6 of U.S. Customs and Border Protection shall publish on 

7 a publicly available website of the Department of Home8 land Security information relating to the total number of 

9 alien encounters and nationalities, unique alien encounters 

10 and nationalities, gang-affiliated apprehensions and na11 tionalities, drug seizures, alien encounters included in the 

12 terrorist screening database and nationalities, arrests of 

13 criminal aliens or individuals wanted by law enforcement 

14 and nationalities, known got aways, encounters with de15 ceased aliens, and all other related or associated statistics 

16 recorded by U.S. Customs and Border Protection during 

17 the immediately preceding month. Each such publication 

18 shall include the following: 

19 (1) The aggregate such number, and such num20 ber disaggregated by geographic regions, of such re21 cordings and encounters, including specifications re22 lating to whether such recordings and encounters 

23 were at the southwest, northern, or maritime border. 

24 (2) An identification of the Office of Field Op25 erations field office, U.S. Border Patrol sector, or 


pbinns on DSKJLVW7X2PROD with $$_JOB
54 

•S 2824 IS

1 Air and Marine Operations branch making each re2 cording or encounter. 

3 (3) Information relating to whether each re4 cording or encounter of an alien was of a single 

5 adult, an unaccompanied alien child, or an individual 

6 in a family unit. 

7 (4) Information relating to the processing dis8 position of each alien recording or encounter. 

9 (5) Information relating to the nationality of 

10 each alien who is the subject of each recording or 

11 encounter. 

12 (6) The total number of individuals included in 

13 the terrorist screening database (as such term is de14 fined in section 2101 of the Homeland Security Act 

15 of 2002 (6 U.S.C. 621)) who have repeatedly at16 tempted to cross unlawfully into the United States. 

17 (7) The total number of individuals included in 

18 the terrorist screening database who have been ap19 prehended, including information relating to whether 

20 such individuals were released into the United States 

21 or removed. 

22 (b) EXCEPTIONS.—If the Commissioner of U.S. Cus23 toms and Border Protection in any month does not publish 

24 the information required under subsection (a), or does not 

25 publish such information by the date specified in such subVerDate Sep 11 2014 21:39 Sep 16, 2023 Jkt 039200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\S2824.IS S2824

pbinns on DSKJLVW7X2PROD with $$_JOB
55 

•S 2824 IS

1 section, the Commissioner shall brief the Committee on 

2 Homeland Security of the House of Representatives and 

3 the Committee on Homeland Security and Governmental 

4 Affairs of the Senate regarding the reason relating there5 to, as the case may be, by not later than the date that 

6 is two business days after the tenth day of such month. 

7 (c) DEFINITIONS.—In this section: 

8 (1) ALIEN ENCOUNTERS.—The term ‘‘alien en9 counters’’ means aliens apprehended, determined in10 admissible, or processed for removal by U.S. Cus11 toms and Border Protection. 

12 (2) GOT AWAY.—The term ‘‘got away’’ has the 

13 meaning given such term in section 1092(a) of the 

14 National Defense Authorization Act for Fiscal Year 

15 2017 (6 U.S.C. 223(a)). 

16 (3) TERRORIST SCREENING DATABASE.—The 

17 term ‘‘terrorist screening database’’ has the meaning 

18 given such term in section 2101 of the Homeland 

19 Security Act of 2002 (6 U.S.C. 621). 

20 (4) UNACCOMPANIED ALIEN CHILD.—The term 

21 ‘‘unaccompanied alien child’’ has the meaning given 

22 such term in section 462(g) of the Homeland Secu23 rity Act of 2002 (6 U.S.C. 279(g)). 


pbinns on DSKJLVW7X2PROD with $$_JOB
56 

•S 2824 IS

1 SEC. 119. ALIEN CRIMINAL BACKGROUND CHECKS. 

2 (a) IN GENERAL.—Not later than seven days after 

3 the date of the enactment of this Act, the Commissioner 

4 shall certify to the Committee on Homeland Security and 

5 the Committee on the Judiciary of the House of Rep6 resentatives and the Committee on Homeland Security 

7 and Governmental Affairs and the Committee on the Judi8 ciary of the Senate that CBP has real-time access to the 

9 criminal history databases of all countries of origin and 

10 transit for aliens encountered by CBP to perform criminal 

11 history background checks for such aliens. 

12 (b) STANDARDS.—The certification required under 

13 subsection (a) shall also include a determination whether 

14 the criminal history databases of a country are accurate, 

15 up to date, digitized, searchable, and otherwise meet the 

16 standards of the Federal Bureau of Investigation for 

17 criminal history databases maintained by State and local 

18 governments. 

19 (c) CERTIFICATION.—The Secretary shall annually 

20 submit to the Committee on Homeland Security and the 

21 Committee on the Judiciary of the House of Representa22 tives and the Committee on Homeland Security and Gov23 ernmental Affairs and the Committee on the Judiciary of 

24 the Senate a certification that each database referred to 

25 in subsection (b) which the Secretary accessed or sought 


pbinns on DSKJLVW7X2PROD with $$_JOB
57 

•S 2824 IS

1 to access pursuant to this section met the standards de2 scribed in subsection (b). 

3 SEC. 120. PROHIBITED IDENTIFICATION DOCUMENTS AT 

4 AIRPORT SECURITY CHECKPOINTS; NOTIFI5 CATION TO IMMIGRATION AGENCIES. 

6 (a) IN GENERAL.—The Administrator may not ac7 cept as valid proof of identification a prohibited identifica8 tion document at an airport security checkpoint. 

9 (b) NOTIFICATION TO IMMIGRATION AGENCIES.—If 

10 an individual presents a prohibited identification docu11 ment to an officer of the Transportation Security Admin12 istration at an airport security checkpoint, the Adminis13 trator shall promptly notify the Director of U.S. Immigra14 tion and Customs Enforcement, the Director of U.S. Cus15 toms and Border Protection, and the head of the appro16 priate local law enforcement agency to determine whether 

17 the individual is in violation of any term of release from 

18 the custody of any such agency. 

19 (c) ENTRY INTO STERILE AREAS.— 

20 (1) IN GENERAL.—Except as provided in para21 graph (2), if an individual is found to be in violation 

22 of any term of release under subsection (b), the Ad23 ministrator may not permit such individual to enter 

24 a sterile area. 


pbinns on DSKJLVW7X2PROD with $$_JOB
58 

•S 2824 IS

1 (2) EXCEPTION.—An individual presenting a 

2 prohibited identification document under this section 

3 may enter a sterile area if the individual— 

4 (A) is leaving the United States for the 

5 purposes of removal or deportation; or 

6 (B) presents a covered identification docu7 ment. 

8 (d) COLLECTION OF BIOMETRIC INFORMATION FROM

9 CERTAIN INDIVIDUALS SEEKING ENTRY INTO THE STER10 ILE AREA OF AN AIRPORT.—Beginning not later than 120 

11 days after the date of the enactment of this Act, the Ad12 ministrator shall collect biometric information from an in13 dividual described in subsection (e) prior to authorizing 

14 such individual to enter into a sterile area. 

15 (e) INDIVIDUAL DESCRIBED.—An individual de16 scribed in this subsection is an individual who— 

17 (1) is seeking entry into the sterile area of an 

18 airport; 

19 (2) does not present a covered identification 

20 document; and 

21 (3) the Administrator cannot verify is a na22 tional of the United States. 

23 (f) PARTICIPATION IN IDENT.—Beginning not later 

24 than 120 days after the date of the enactment of this Act, 

25 the Administrator, in coordination with the Secretary, 


pbinns on DSKJLVW7X2PROD with $$_JOB
59 

•S 2824 IS

1 shall submit biometric data collected under this section to 

2 the Automated Biometric Identification System (IDENT). 

3 (g) DEFINITIONS.—In this section: 

4 (1) ADMINISTRATOR.—The term ‘‘Adminis5 trator’’ means the Administrator of the Transpor6 tation Security Administration. 

7 (2) BIOMETRIC INFORMATION.—The term ‘‘bio8 metric information’’ means any of the following: 

9 (A) A fingerprint. 

10 (B) A palm print. 

11 (C) A photograph, including— 

12 (i) a photograph of an individual’s 

13 face for use with facial recognition tech14 nology; and 

15 (ii) a photograph of any physical or 

16 anatomical feature, such as a scar, skin 

17 mark, or tattoo. 

18 (D) A signature. 

19 (E) A voice print. 

20 (F) An iris image. 

21 (3) COVERED IDENTIFICATION DOCUMENT.— 

22 The term ‘‘covered identification document’’ means 

23 any of the following, if the document is valid and 

24 unexpired: 


pbinns on DSKJLVW7X2PROD with $$_JOB
60 

•S 2824 IS

1 (A) A United States passport or passport 

2 card. 

3 (B) A biometrically secure card issued by 

4 a trusted traveler program of the Department 

5 of Homeland Security, including— 

6 (i) Global Entry; 

7 (ii) Nexus; 

8 (iii) Secure Electronic Network for 

9 Travelers Rapid Inspection (SENTRI); 

10 and 

11 (iv) Free and Secure Trade (FAST). 

12 (C) An identification card issued by the 

13 Department of Defense, including such a card 

14 issued to a dependent. 

15 (D) Any document required for admission 

16 to the United States under section 211(a) of 

17 the Immigration and Nationality Act (8 U.S.C. 

18 1181(a)). 

19 (E) An enhanced driver’s license issued by 

20 a State. 

21 (F) A photo identification card issued by a 

22 federally recognized Indian Tribe. 

23 (G) A personal identity verification creden24 tial issued in accordance with Homeland Secu25 rity Presidential Directive 12. 


pbinns on DSKJLVW7X2PROD with $$_JOB
61 

•S 2824 IS

1 (H) A driver’s license issued by a province 

2 of Canada. 

3 (I) A Secure Certificate of Indian Status 

4 issued by the Government of Canada. 

5 (J) A Transportation Worker Identifica6 tion Credential. 

7 (K) A Merchant Mariner Credential issued 

8 by the Coast Guard. 

9 (L) A Veteran Health Identification Card 

10 issued by the Department of Veterans Affairs. 

11 (M) Any other document the Administrator 

12 determines, pursuant to a rulemaking in ac13 cordance with section 553 of title 5, United 

14 States Code, will satisfy the identity verification 

15 procedures of the Transportation Security Ad16 ministration. 

17 (4) IMMIGRATION LAWS.—The term ‘‘immigra18 tion laws’’ has the meaning given that term in sec19 tion 101 of the Immigration and Nationality Act (8 

20 U.S.C. 1101). 

21 (5) PROHIBITED IDENTIFICATION DOCU22 MENT.—The term ‘‘prohibited identification docu23 ment’’ means any of the following (or any applicable 

24 successor form): 


pbinns on DSKJLVW7X2PROD with $$_JOB
62 

•S 2824 IS

1 (A) U.S. Immigration and Customs En2 forcement Form I–200, Warrant for Arrest of 

3 Alien. 

4 (B) U.S. Immigration and Customs En5 forcement Form I–205, Warrant of Removal/ 

6 Deportation. 

7 (C) U.S. Immigration and Customs En8 forcement Form I–220A, Order of Release on 

9 Recognizance. 

10 (D) U.S. Immigration and Customs En11 forcement Form I–220B, Order of Supervision. 

12 (E) Department of Homeland Security 

13 Form I–862, Notice to Appear. 

14 (F) U.S. Customs and Border Protection 

15 Form I–94, Arrival/Departure Record (includ16 ing a print-out of an electronic record). 

17 (G) Department of Homeland Security 

18 Form I–385, Notice to Report. 

19 (H) Any document that directs an indi20 vidual to report to the Department of Home21 land Security. 

22 (I) Any Department of Homeland Security 

23 work authorization or employment verification 

24 document. 


pbinns on DSKJLVW7X2PROD with $$_JOB
63 

•S 2824 IS

1 (6) STERILE AREA.—The term ‘‘sterile area’’ 

2 has the meaning given that term in section 1540.5 

3 of title 49, Code of Federal Regulations, or any suc4 cessor regulation. 

5 SEC. 121. PROHIBITION AGAINST ANY COVID–19 VACCINE 

6 MANDATE OR ADVERSE ACTION AGAINST 

7 DHS EMPLOYEES. 

8 (a) LIMITATION ON IMPOSITION OF NEW MAN9 DATE.—The Secretary may not issue any COVID–19 vac10 cine mandate unless Congress expressly authorizes such 

11 a mandate. 

12 (b) PROHIBITION ON ADVERSE ACTION.—The Sec13 retary may not take any adverse action against a Depart14 ment employee based solely on the refusal of such em15 ployee to receive a vaccine for COVID–19. 

16 (c) REPORT.—Not later than 90 days after the date 

17 of the enactment of this Act, the Secretary shall report 

18 to the Committee on Homeland Security of the House of 

19 Representatives and the Committee on Homeland Security 

20 and Governmental Affairs of the Senate on the following: 

21 (1) The number of Department employees who 

22 were terminated or resigned due to the COVID–19 

23 vaccine mandate. 

24 (2) An estimate of the cost to reinstate such 

25 employees. 


pbinns on DSKJLVW7X2PROD with $$_JOB
64 

•S 2824 IS

1 (3) How the Department would effectuate rein2 statement of such employees. 

3 (d) RETENTION AND DEVELOPMENT OF

4 UNVACCINATED EMPLOYEES.—The Secretary shall make 

5 every effort to retain Department employees who are not 

6 vaccinated against COVID–19 and provide such employees 

7 with professional development, promotion and leadership 

8 opportunities, and consideration equal to that of their 

9 peers. 

10 SEC. 122. CBP ONE APP LIMITATION. 

11 (a) LIMITATION.—The Department may use the CBP 

12 One Mobile Application or any other similar program, ap13 plication, internet-based portal, website, device, or initia14 tive only for inspection of perishable cargo. 

15 (b) REPORT.—Not later than 60 days after the date 

16 of the enactment of this Act, the Commissioner shall re17 port to the Committee on Homeland Security of the House 

18 of Representatives and the Committee on Homeland Secu19 rity and Governmental Affairs of the Senate the date on 

20 which CBP began using CBP One to allow aliens to sched21 ule interviews at land ports of entry, how many aliens have 

22 scheduled interviews at land ports of entry using CBP 

23 One, the nationalities of such aliens, and the stated final 

24 destinations of such aliens within the United States, if 

25 any. 


pbinns on DSKJLVW7X2PROD with $$_JOB
65 

•S 2824 IS

1 SEC. 123. REPORT ON MEXICAN DRUG CARTELS. 

2 Not later than 60 days after the date of the enact3 ment of this Act, Congress shall commission a report that 

4 contains the following: 

5 (1) A national strategy to address Mexican 

6 drug cartels, and a determination regarding whether 

7 there should be a designation established to address 

8 such cartels. 

9 (2) Information relating to actions by such car10 tels that causes harm to the United States. 

11 SEC. 124. GAO STUDY ON COSTS INCURRED BY STATES TO 

12 SECURE THE SOUTHWEST BORDER. 

13 (a) IN GENERAL.—Not later than 90 days after the 

14 date of the enactment of this Act, the Comptroller General 

15 of the United States shall conduct a study to examine the 

16 costs incurred by individual States as a result of actions 

17 taken by such States in support of the Federal mission 

18 to secure the southwest border, and the feasibility of a 

19 program to reimburse such States for such costs. 

20 (b) CONTENTS.—The study required under sub21 section (a) shall include consideration of the following: 

22 (1) Actions taken by the Department of Home23 land Security that have contributed to costs de24 scribed in such subsection incurred by States to se25 cure the border in the absence of Federal action, in26 cluding the termination of the Migrant Protection 


pbinns on DSKJLVW7X2PROD with $$_JOB
66 

•S 2824 IS

1 Protocols and cancellation of border wall construc2 tion. 

3 (2) Actions taken by individual States along the 

4 southwest border to secure their borders, and the 

5 costs associated with such actions. 

6 (3) The feasibility of a program within the De7 partment of Homeland Security to reimburse States 

8 for the costs incurred in support of the Federal mis9 sion to secure the southwest border. 

10 SEC. 125. REPORT BY INSPECTOR GENERAL OF THE DE11 PARTMENT OF HOMELAND SECURITY. 

12 (a) REPORT.—Not later than one year after the date 

13 of the enactment of this Act and annually thereafter for 

14 five years, the Inspector General of the Department of 

15 Homeland Security shall submit to the Committee on 

16 Homeland Security of the House of Representatives and 

17 the Committee on Homeland Security and Governmental 

18 Affairs of the Senate a report examining the economic and 

19 security impact of mass migration to municipalities and 

20 States along the southwest border. Such report shall in21 clude information regarding costs incurred by the fol22 lowing: 

23 (1) State and local law enforcement to secure 

24 the southwest border. 


pbinns on DSKJLVW7X2PROD with $$_JOB
67 

•S 2824 IS

1 (2) Public school districts to educate students 

2 who are aliens unlawfully present in the United 

3 States. 

4 (3) Healthcare providers to provide care to 

5 aliens unlawfully present in the United States who 

6 have not paid for such care. 

7 (4) Farmers and ranchers due to migration im8 pacts to their properties. 

9 (b) CONSULTATION.—To produce the report required 

10 under subsection (a), the Inspector General of the Depart11 ment of Homeland Security shall consult with the individ12 uals and representatives of the entities described in para13 graphs (1) through (4) of such subsection. 

14 SEC. 126. OFFSETTING AUTHORIZATIONS OF APPROPRIA15 TIONS. 

16 (a) OFFICE OF THE SECRETARY AND EMERGENCY

17 MANAGEMENT.—No funds are authorized to be appro18 priated for the Alternatives to Detention Case Manage19 ment Pilot Program or the Office of the Immigration De20 tention Ombudsman for the Office of the Secretary and 

21 Emergency Management of the Department of Homeland 

22 Security. 

23 (b) MANAGEMENT DIRECTORATE.—No funds are au24 thorized to be appropriated for electric vehicles or St. ElizVerDate Sep 11 2014 21:39 Sep 16, 2023 Jkt 039200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\S2824.IS S2824

pbinns on DSKJLVW7X2PROD with $$_JOB
68 

•S 2824 IS

1 abeths campus construction for the Management Direc2 torate of the Department of Homeland Security. 

3 (c) INTELLIGENCE, ANALYSIS, AND SITUATIONAL

4 AWARENESS.—There is authorized to be appropriated 

5 $216,000,000 for Intelligence, Analysis, and Situational 

6 Awareness of the Department of Homeland Security. 

7 (d) U.S. CUSTOMS AND BORDER PROTECTION.—No 

8 funds are authorized to be appropriated for the Shelter 

9 Services Program for U.S. Customs and Border Protec10 tion. 

11 SEC. 127. REPORT TO CONGRESS ON FOREIGN TERRORIST 

12 ORGANIZATIONS. 

13 (a) IN GENERAL.—Not later than 90 days after the 

14 date of the enactment of this Act and annually thereafter 

15 for five years, the Secretary of Homeland Security shall 

16 submit to the Committee on Homeland Security of the 

17 House of Representatives and the Committee on Home18 land Security and Governmental Affairs of the Senate an 

19 assessment of foreign terrorist organizations attempting 

20 to move their members or affiliates into the United States 

21 through the southern, northern, or maritime border. 

22 (b) DEFINITION.—In this section, the term ‘‘foreign 

23 terrorist organization’’ means an organization described in 

24 section 219 of the Immigration and Nationality Act (8 

25 U.S.C. 1189). 


pbinns on DSKJLVW7X2PROD with $$_JOB
69 

•S 2824 IS

1 SEC. 128. ASSESSMENT BY INSPECTOR GENERAL OF THE 

2 DEPARTMENT OF HOMELAND SECURITY ON 

3 THE MITIGATION OF UNMANNED AIRCRAFT 

4 SYSTEMS AT THE SOUTHWEST BORDER. 

5 Not later than 90 days after the date of the enact6 ment of this Act, the Inspector General of the Department 

7 of Homeland Security shall submit to the Committee on 

8 Homeland Security of the House of Representatives and 

9 the Committee on Homeland Security and Governmental 

10 Affairs of the Senate an assessment of U.S. Customs and 

11 Border Protection’s ability to mitigate unmanned aircraft 

12 systems at the southwest border. Such assessment shall 

13 include information regarding any intervention between 

14 January 1, 2021, and the date of the enactment of this 

15 Act, by any Federal agency affecting in any manner U.S. 

16 Customs and Border Protection’s authority to so mitigate 

17 such systems. 

18 DIVISION B—IMMIGRATION EN19 FORCEMENT AND FOREIGN 

20 AFFAIRS 

21 TITLE I—ASYLUM REFORM AND 

22 BORDER PROTECTION 

23 SEC. 101. SAFE THIRD COUNTRY. 

24 Section 208(a)(2)(A) of the Immigration and Nation25 ality Act (8 U.S.C. 1158(a)(2)(A)) is amended— 


pbinns on DSKJLVW7X2PROD with $$_JOB
70 

•S 2824 IS

1 (1) by striking ‘‘if the Attorney General deter2 mines’’ and inserting ‘‘if the Attorney General or the 

3 Secretary of Homeland Security determines—’’; 

4 (2) by striking ‘‘that the alien may be removed’’ 

5 and inserting the following: 

6 ‘‘(i) that the alien may be removed’’; 

7 (3) by striking ‘‘, pursuant to a bilateral or 

8 multilateral agreement, to’’ and inserting ‘‘to’’; 

9 (4) by inserting ‘‘or the Secretary, on a case by 

10 case basis,’’ before ‘‘finds that’’; 

11 (5) by striking the period at the end and insert12 ing ‘‘; or’’; and 

13 (6) by adding at the end the following: 

14 ‘‘(ii) that the alien entered, attempted to enter, 

15 or arrived in the United States after transiting 

16 through at least one country outside the alien’s 

17 country of citizenship, nationality, or last lawful ha18 bitual residence en route to the United States, un19 less— 

20 ‘‘(I) the alien demonstrates that he or she 

21 applied for protection from persecution or tor22 ture in at least one country outside the alien’s 

23 country of citizenship, nationality, or last lawful 

24 habitual residence through which the alien 

25 transited en route to the United States, and the 


pbinns on DSKJLVW7X2PROD with $$_JOB
71 

•S 2824 IS

1 alien received a final judgment denying the 

2 alien protection in each country; 

3 ‘‘(II) the alien demonstrates that he or she 

4 was a victim of a severe form of trafficking in 

5 which a commercial sex act was induced by 

6 force, fraud, or coercion, or in which the person 

7 induced to perform such act was under the age 

8 of 18 years; or in which the trafficking included 

9 the recruitment, harboring, transportation, pro10 vision, or obtaining of a person for labor or 

11 services through the use of force, fraud, or coer12 cion for the purpose of subjection to involuntary 

13 servitude, peonage, debt bondage, or slavery, 

14 and was unable to apply for protection from 

15 persecution in each country through which the 

16 alien transited en route to the United States as 

17 a result of such severe form of trafficking; or 

18 ‘‘(III) the only countries through which the 

19 alien transited en route to the United States 

20 were, at the time of the transit, not parties to 

21 the 1951 United Nations Convention relating to 

22 the Status of Refugees, the 1967 Protocol Re23 lating to the Status of Refugees, or the United 

24 Nations Convention against Torture and Other 


pbinns on DSKJLVW7X2PROD with $$_JOB
72 

•S 2824 IS

1 Cruel, Inhuman or Degrading Treatment or 

2 Punishment.’’. 

3 SEC. 102. CREDIBLE FEAR INTERVIEWS. 

4 Section 235(b)(1)(B)(v) of the Immigration and Na5 tionality Act (8 U.S.C. 1225(b)(1)(B)(v)) is amended by 

6 striking ‘‘there is a significant possibility’’ and all that fol7 lows, and inserting ‘‘, taking into account the credibility 

8 of the statements made by the alien in support of the 

9 alien’s claim, as determined pursuant to section 

10 208(b)(1)(B)(iii), and such other facts as are known to 

11 the officer, the alien more likely than not could establish 

12 eligibility for asylum under section 208, and it is more 

13 likely than not that the statements made by, and on behalf 

14 of, the alien in support of the alien’s claim are true.’’. 

15 SEC. 103. CLARIFICATION OF ASYLUM ELIGIBILITY. 

16 (a) IN GENERAL.—Section 208(b)(1)(A) of the Im17 migration and Nationality Act (8 U.S.C. 1158(b)(1)(A)) 

18 is amended by inserting after ‘‘section 101(a)(42)(A)’’ the 

19 following: ‘‘(in accordance with the rules set forth in this 

20 section), and is eligible to apply for asylum under sub21 section (a)’’. 

22 (b) PLACE OF ARRIVAL.—Section 208(a)(1) of the 

23 Immigration and Nationality Act (8 U.S.C. 1158(a)(1)) 

24 is amended— 


pbinns on DSKJLVW7X2PROD with $$_JOB
73 

•S 2824 IS

1 (1) by striking ‘‘or who arrives in the United 

2 States (whether or not at a designated port of ar3 rival and including an alien who is brought to the 

4 United States after having been interdicted in inter5 national or United States waters),’’; and 

6 (2) by inserting after ‘‘United States’’ the fol7 lowing: ‘‘and has arrived in the United States at a 

8 port of entry (including an alien who is brought to 

9 the United States after having been interdicted in 

10 international or United States waters),’’. 

11 SEC. 104. EXCEPTIONS. 

12 Paragraph (2) of section 208(b) of the Immigration 

13 and Nationality Act (8 U.S.C. 1158(b)(2)) is amended to 

14 read as follows: 

15 ‘‘(2) EXCEPTIONS.— 

16 ‘‘(A) IN GENERAL.—Paragraph (1) shall 

17 not apply to an alien if the Secretary of Home18 land Security or the Attorney General deter19 mines that— 

20 ‘‘(i) the alien ordered, incited, as21 sisted, or otherwise participated in the per22 secution of any person on account of race, 

23 religion, nationality, membership in a par24 ticular social group, or political opinion; 


pbinns on DSKJLVW7X2PROD with $$_JOB
74 

•S 2824 IS

1 ‘‘(ii) the alien has been convicted of 

2 any felony under Federal, State, tribal, or 

3 local law; 

4 ‘‘(iii) the alien has been convicted of 

5 any misdemeanor offense under Federal, 

6 State, tribal, or local law involving— 

7 ‘‘(I) the unlawful possession or 

8 use of an identification document, au9 thentication feature, or false identi10 fication document (as those terms and 

11 phrases are defined in the jurisdiction 

12 where the conviction occurred), unless 

13 the alien can establish that the convic14 tion resulted from circumstances 

15 showing that— 

16 ‘‘(aa) the document or fea17 ture was presented before board18 ing a common carrier; 

19 ‘‘(bb) the document or fea20 ture related to the alien’s eligi21 bility to enter the United States; 

22 ‘‘(cc) the alien used the doc23 ument or feature to depart a 

24 country wherein the alien has 


pbinns on DSKJLVW7X2PROD with $$_JOB
75 

•S 2824 IS

1 claimed a fear of persecution; 

2 and 

3 ‘‘(dd) the alien claimed a 

4 fear of persecution without delay 

5 upon presenting himself or her6 self to an immigration officer 

7 upon arrival at a United States 

8 port of entry; 

9 ‘‘(II) the unlawful receipt of a 

10 Federal public benefit (as defined in 

11 section 401(c) of the Personal Re12 sponsibility and Work Opportunity 

13 Reconciliation Act of 1996 (8 U.S.C. 

14 1611(c))), from a Federal entity, or 

15 the unlawful receipt of similar public 

16 benefits from a State, tribal, or local 

17 entity; or 

18 ‘‘(III) possession or trafficking of 

19 a controlled substance or controlled 

20 substance paraphernalia, as those 

21 phrases are defined under the law of 

22 the jurisdiction where the conviction 

23 occurred, other than a single offense 

24 involving possession for one’s own use 

25 of 30 grams or less of marijuana (as 


pbinns on DSKJLVW7X2PROD with $$_JOB
76 

•S 2824 IS

1 marijuana is defined under the law of 

2 the jurisdiction where the conviction 

3 occurred); 

4 ‘‘(iv) the alien has been convicted of 

5 an offense arising under paragraph (1)(A) 

6 or (2) of section 274(a), or under section 

7 276; 

8 ‘‘(v) the alien has been convicted of a 

9 Federal, State, tribal, or local crime that 

10 the Attorney General or Secretary of 

11 Homeland Security knows, or has reason 

12 to believe, was committed in support, pro13 motion, or furtherance of the activity of a 

14 criminal street gang (as defined under the 

15 law of the jurisdiction where the conviction 

16 occurred or in section 521(a) of title 18, 

17 United States Code); 

18 ‘‘(vi) the alien has been convicted of 

19 an offense for driving while intoxicated or 

20 impaired, as those terms are defined under 

21 the law of the jurisdiction where the con22 viction occurred (including a conviction for 

23 driving while under the influence of or im24 paired by alcohol or drugs), without regard 

25 to whether the conviction is classified as a 


pbinns on DSKJLVW7X2PROD with $$_JOB
77 

•S 2824 IS

1 misdemeanor or felony under Federal, 

2 State, tribal, or local law, in which such in3 toxicated or impaired driving was a cause 

4 of serious bodily injury or death of another 

5 person; 

6 ‘‘(vii) the alien has been convicted of 

7 more than one offense for driving while in8 toxicated or impaired, as those terms are 

9 defined under the law of the jurisdiction 

10 where the conviction occurred (including a 

11 conviction for driving while under the in12 fluence of or impaired by alcohol or drugs), 

13 without regard to whether the conviction is 

14 classified as a misdemeanor or felony 

15 under Federal, State, tribal, or local law; 

16 ‘‘(viii) the alien has been convicted of 

17 a crime— 

18 ‘‘(I) that involves conduct 

19 amounting to a crime of stalking; 

20 ‘‘(II) of child abuse, child ne21 glect, or child abandonment; or 

22 ‘‘(III) that involves conduct 

23 amounting to a domestic assault or 

24 battery offense, including— 


pbinns on DSKJLVW7X2PROD with $$_JOB
78 

•S 2824 IS

1 ‘‘(aa) a misdemeanor crime 

2 of domestic violence, as described 

3 in section 921(a)(33) of title 18, 

4 United States Code; 

5 ‘‘(bb) a crime of domestic vi6 olence, as described in section 

7 40002(a)(12) of the Violence 

8 Against Women Act of 1994 (34 

9 U.S.C. 12291(a)(12)); or 

10 ‘‘(cc) any crime based on 

11 conduct in which the alien har12 assed, coerced, intimidated, vol13 untarily or recklessly used (or 

14 threatened to use) force or vio15 lence against, or inflicted phys16 ical injury or physical pain, how17 ever slight, upon a person— 

18 ‘‘(AA) who is a current 

19 or former spouse of the 

20 alien; 

21 ‘‘(BB) with whom the 

22 alien shares a child; 

23 ‘‘(CC) who is cohabi24 tating with, or who has 


pbinns on DSKJLVW7X2PROD with $$_JOB
79 

•S 2824 IS

1 cohabitated with, the alien 

2 as a spouse; 

3 ‘‘(DD) who is similarly 

4 situated to a spouse of the 

5 alien under the domestic or 

6 family violence laws of the 

7 jurisdiction where the of8 fense occurred; or 

9 ‘‘(EE) who is protected 

10 from that alien’s acts under 

11 the domestic or family vio12 lence laws of the United 

13 States or of any State, tribal 

14 government, or unit of local 

15 government; 

16 ‘‘(ix) the alien has engaged in acts of 

17 battery or extreme cruelty upon a person 

18 and the person— 

19 ‘‘(I) is a current or former 

20 spouse of the alien; 

21 ‘‘(II) shares a child with the 

22 alien; 

23 ‘‘(III) cohabitates or has 

24 cohabitated with the alien as a spouse; 


pbinns on DSKJLVW7X2PROD with $$_JOB
80 

•S 2824 IS

1 ‘‘(IV) is similarly situated to a 

2 spouse of the alien under the domestic 

3 or family violence laws of the jurisdic4 tion where the offense occurred; or 

5 ‘‘(V) is protected from that 

6 alien’s acts under the domestic or 

7 family violence laws of the United 

8 States or of any State, tribal govern9 ment, or unit of local government; 

10 ‘‘(x) the alien, having been convicted 

11 by a final judgment of a particularly seri12 ous crime, constitutes a danger to the com13 munity of the United States; 

14 ‘‘(xi) there are serious reasons for be15 lieving that the alien has committed a seri16 ous nonpolitical crime outside the United 

17 States prior to the arrival of the alien in 

18 the United States; 

19 ‘‘(xii) there are reasonable grounds 

20 for regarding the alien as a danger to the 

21 security of the United States; 

22 ‘‘(xiii) the alien is described in sub23 clause (I), (II), (III), (IV), or (VI) of sec24 tion 212(a)(3)(B)(i) or section 

25 237(a)(4)(B) (relating to terrorist activVerDate Sep 11 2014 21:39 Sep 16, 2023 Jkt 039200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\S2824.IS S2824

pbinns on DSKJLVW7X2PROD with $$_JOB
81 

•S 2824 IS

1 ity), unless, in the case only of an alien in2 admissible under subclause (IV) of section 

3 212(a)(3)(B)(i), the Secretary of Home4 land Security or the Attorney General de5 termines, in the Secretary’s or the Attor6 ney General’s discretion, that there are not 

7 reasonable grounds for regarding the alien 

8 as a danger to the security of the United 

9 States; 

10 ‘‘(xiv) the alien was firmly resettled in 

11 another country prior to arriving in the 

12 United States; or 

13 ‘‘(xv) there are reasonable grounds for 

14 concluding the alien could avoid persecu15 tion by relocating to another part of the 

16 alien’s country of nationality or, in the 

17 case of an alien having no nationality, an18 other part of the alien’s country of last ha19 bitual residence. 

20 ‘‘(B) SPECIAL RULES.— 

21 ‘‘(i) PARTICULARLY SERIOUS CRIME; 

22 SERIOUS NONPOLITICAL CRIME OUTSIDE

23 THE UNITED STATES.— 

24 ‘‘(I) IN GENERAL.—For purposes 

25 of subparagraph (A)(x), the Attorney 


pbinns on DSKJLVW7X2PROD with $$_JOB
82 

•S 2824 IS

1 General or Secretary of Homeland Se2 curity, in their discretion, may deter3 mine that a conviction constitutes a 

4 particularly serious crime based on— 

5 ‘‘(aa) the nature of the con6 viction; 

7 ‘‘(bb) the type of sentence 

8 imposed; or 

9 ‘‘(cc) the circumstances and 

10 underlying facts of the convic11 tion. 

12 ‘‘(II) DETERMINATION.—In mak13 ing a determination under subclause 

14 (I), the Attorney General or Secretary 

15 of Homeland Security may consider 

16 all reliable information and is not lim17 ited to facts found by the criminal 

18 court or provided in the underlying 

19 record of conviction. 

20 ‘‘(III) TREATMENT OF FELO21 NIES.—In making a determination 

22 under subclause (I), an alien who has 

23 been convicted of a felony (as defined 

24 under this section) or an aggravated 

25 felony (as defined under section 


pbinns on DSKJLVW7X2PROD with $$_JOB
83 

•S 2824 IS

1 101(a)(43)), shall be considered to 

2 have been convicted of a particularly 

3 serious crime. 

4 ‘‘(IV) INTERPOL RED NOTICE.— 

5 In making a determination under sub6 paragraph (A)(xi), an Interpol Red 

7 Notice may constitute reliable evi8 dence that the alien has committed a 

9 serious nonpolitical crime outside the 

10 United States. 

11 ‘‘(ii) CRIMES AND EXCEPTIONS.— 

12 ‘‘(I) DRIVING WHILE INTOXI13 CATED OR IMPAIRED.—A finding 

14 under subparagraph (A)(vi) does not 

15 require the Attorney General or Sec16 retary of Homeland Security to find 

17 the first conviction for driving while 

18 intoxicated or impaired (including a 

19 conviction for driving while under the 

20 influence of or impaired by alcohol or 

21 drugs) as a predicate offense. The At22 torney General or Secretary of Home23 land Security need only make a fac24 tual determination that the alien pre25 viously was convicted for driving while 


pbinns on DSKJLVW7X2PROD with $$_JOB
84 

•S 2824 IS

1 intoxicated or impaired as those terms 

2 are defined under the jurisdiction 

3 where the conviction occurred (includ4 ing a conviction for driving while 

5 under the influence of or impaired by 

6 alcohol or drugs). 

7 ‘‘(II) STALKING AND OTHER

8 CRIMES.—In making a determination 

9 under subparagraph (A)(viii), includ10 ing determining the existence of a do11 mestic relationship between the alien 

12 and the victim, the underlying conduct 

13 of the crime may be considered, and 

14 the Attorney General or Secretary of 

15 Homeland Security is not limited to 

16 facts found by the criminal court or 

17 provided in the underlying record of 

18 conviction. 

19 ‘‘(III) BATTERY OR EXTREME

20 CRUELTY.—In making a determina21 tion under subparagraph (A)(ix), the 

22 phrase ‘battery or extreme cruelty’ in23 cludes— 

24 ‘‘(aa) any act or threatened 

25 act of violence, including any 


pbinns on DSKJLVW7X2PROD with $$_JOB
85 

•S 2824 IS

1 forceful detention, which results 

2 or threatens to result in physical 

3 or mental injury; 

4 ‘‘(bb) psychological or sexual 

5 abuse or exploitation, including 

6 rape, molestation, incest, or 

7 forced prostitution, shall be con8 sidered acts of violence; and 

9 ‘‘(cc) other abusive acts, in10 cluding acts that, in and of them11 selves, may not initially appear 

12 violent, but that are a part of an 

13 overall pattern of violence. 

14 ‘‘(IV) EXCEPTION FOR VICTIMS

15 OF DOMESTIC VIOLENCE.—An alien 

16 who was convicted of an offense de17 scribed in clause (viii) or (ix) of sub18 paragraph (A) is not ineligible for 

19 asylum on that basis if the alien satis20 fies the criteria under section 

21 237(a)(7)(A). 

22 ‘‘(C) SPECIFIC CIRCUMSTANCES.—Para23 graph (1) shall not apply to an alien whose 

24 claim is based on— 


pbinns on DSKJLVW7X2PROD with $$_JOB
86 

•S 2824 IS

1 ‘‘(i) personal animus or retribution, 

2 including personal animus in which the al3 leged persecutor has not targeted, or mani4 fested an animus against, other members 

5 of an alleged particular social group in ad6 dition to the member who has raised the 

7 claim at issue; 

8 ‘‘(ii) the applicant’s generalized dis9 approval of, disagreement with, or opposi10 tion to criminal, terrorist, gang, guerilla, 

11 or other non-state organizations absent ex12 pressive behavior in furtherance of a dis13 crete cause against such organizations re14 lated to control of a State or expressive be15 havior that is antithetical to the State or 

16 a legal unit of the State; 

17 ‘‘(iii) the applicant’s resistance to re18 cruitment or coercion by guerrilla, crimi19 nal, gang, terrorist, or other non-state or20 ganizations; 

21 ‘‘(iv) the targeting of the applicant for 

22 criminal activity for financial gain based 

23 on wealth or affluence or perceptions of 

24 wealth or affluence; 


pbinns on DSKJLVW7X2PROD with $$_JOB
87 

•S 2824 IS

1 ‘‘(v) the applicant’s criminal activity; 

2 or 

3 ‘‘(vi) the applicant’s perceived, past or 

4 present, gang affiliation. 

5 ‘‘(D) DEFINITIONS AND CLARIFICA6 TIONS.— 

7 ‘‘(i) DEFINITIONS.—For purposes of 

8 this paragraph: 

9 ‘‘(I) FELONY.—The term ‘felony’ 

10 means— 

11 ‘‘(aa) any crime defined as a 

12 felony by the relevant jurisdiction 

13 (Federal, State, tribal, or local) 

14 of conviction; or 

15 ‘‘(bb) any crime punishable 

16 by more than one year of impris17 onment. 

18 ‘‘(II) MISDEMEANOR.—The term 

19 ‘misdemeanor’ means— 

20 ‘‘(aa) any crime defined as a 

21 misdemeanor by the relevant ju22 risdiction (Federal, State, tribal, 

23 or local) of conviction; or 


pbinns on DSKJLVW7X2PROD with $$_JOB
88 

•S 2824 IS

1 ‘‘(bb) any crime not punish2 able by more than one year of 

3 imprisonment. 

4 ‘‘(ii) CLARIFICATIONS.— 

5 ‘‘(I) CONSTRUCTION.—For pur6 poses of this paragraph, whether any 

7 activity or conviction also may con8 stitute a basis for removal is immate9 rial to a determination of asylum eli10 gibility. 

11 ‘‘(II) ATTEMPT, CONSPIRACY, OR

12 SOLICITATION.—For purposes of this 

13 paragraph, all references to a criminal 

14 offense or criminal conviction shall be 

15 deemed to include any attempt, con16 spiracy, or solicitation to commit the 

17 offense or any other inchoate form of 

18 the offense. 

19 ‘‘(III) EFFECT OF CERTAIN OR20 DERS.— 

21 ‘‘(aa) IN GENERAL.—No 

22 order vacating a conviction, 

23 modifying a sentence, clarifying a 

24 sentence, or otherwise altering a 

25 conviction or sentence shall have 


pbinns on DSKJLVW7X2PROD with $$_JOB
89 

•S 2824 IS

1 any effect under this paragraph 

2 unless the Attorney General or 

3 Secretary of Homeland Security 

4 determines that— 

5 ‘‘(AA) the court issuing 

6 the order had jurisdiction 

7 and authority to do so; and 

8 ‘‘(BB) the order was 

9 not entered for rehabilitative 

10 purposes or for purposes of 

11 ameliorating the immigra12 tion consequences of the 

13 conviction or sentence. 

14 ‘‘(bb) AMELIORATING IMMI15 GRATION CONSEQUENCES.—For 

16 purposes of item (aa)(BB), the 

17 order shall be presumed to be for 

18 the purpose of ameliorating im19 migration consequences if— 

20 ‘‘(AA) the order was 

21 entered after the initiation 

22 of any proceeding to remove 

23 the alien from the United 

24 States; or 


pbinns on DSKJLVW7X2PROD with $$_JOB
90 

•S 2824 IS

1 ‘‘(BB) the alien moved 

2 for the order more than one 

3 year after the date of the 

4 original order of conviction 

5 or sentencing, whichever is 

6 later. 

7 ‘‘(cc) AUTHORITY OF IMMI8 GRATION JUDGE.—An immigra9 tion judge is not limited to con10 sideration only of material in11 cluded in any order vacating a 

12 conviction, modifying a sentence, 

13 or clarifying a sentence to deter14 mine whether such order should 

15 be given any effect under this 

16 paragraph, but may consider 

17 such additional information as 

18 the immigration judge determines 

19 appropriate. 

20 ‘‘(E) ADDITIONAL LIMITATIONS.—The 

21 Secretary of Homeland Security or the Attorney 

22 General may by regulation establish additional 

23 limitations and conditions, consistent with this 

24 section, under which an alien shall be ineligible 

25 for asylum under paragraph (1). 


pbinns on DSKJLVW7X2PROD with $$_JOB
91 

•S 2824 IS

1 ‘‘(F) NO JUDICIAL REVIEW.—There shall 

2 be no judicial review of a determination of the 

3 Secretary of Homeland Security or the Attorney 

4 General under subparagraph (A)(xiii).’’. 

5 SEC. 105. EMPLOYMENT AUTHORIZATION. 

6 Paragraph (2) of section 208(d) of the Immigration 

7 and Nationality Act (8 U.S.C. 1158(d)) is amended to 

8 read as follows: 

9 ‘‘(2) EMPLOYMENT AUTHORIZATION.— 

10 ‘‘(A) AUTHORIZATION PERMITTED.—An 

11 applicant for asylum is not entitled to employ12 ment authorization, but such authorization may 

13 be provided under regulation by the Secretary 

14 of Homeland Security. An applicant who is not 

15 otherwise eligible for employment authorization 

16 shall not be granted such authorization prior to 

17 the date that is 180 days after the date of filing 

18 of the application for asylum. 

19 ‘‘(B) TERMINATION.—Each grant of em20 ployment authorization under subparagraph 

21 (A), and any renewal or extension thereof, shall 

22 be valid for a period of 6 months, except that 

23 such authorization, renewal, or extension shall 

24 terminate prior to the end of such 6 month pe25 riod as follows: 


pbinns on DSKJLVW7X2PROD with $$_JOB
92 

•S 2824 IS

1 ‘‘(i) Immediately following the denial 

2 of an asylum application by an asylum offi3 cer, unless the case is referred to an immi4 gration judge. 

5 ‘‘(ii) 30 days after the date on which 

6 an immigration judge denies an asylum ap7 plication, unless the alien timely appeals to 

8 the Board of Immigration Appeals. 

9 ‘‘(iii) Immediately following the denial 

10 by the Board of Immigration Appeals of an 

11 appeal of a denial of an asylum applica12 tion. 

13 ‘‘(C) RENEWAL.—The Secretary of Home14 land Security may not grant, renew, or extend 

15 employment authorization to an alien if the 

16 alien was previously granted employment au17 thorization under subparagraph (A), and the 

18 employment authorization was terminated pur19 suant to a circumstance described in subpara20 graph (B)(i), (ii), or (iii), unless a Federal 

21 court of appeals remands the alien’s case to the 

22 Board of Immigration Appeals. 

23 ‘‘(D) INELIGIBILITY.—The Secretary of 

24 Homeland Security may not grant employment 


pbinns on DSKJLVW7X2PROD with $$_JOB
93 

•S 2824 IS

1 authorization to an alien under this paragraph 

2 if the alien— 

3 ‘‘(i) is ineligible for asylum under sub4 section (b)(2)(A); or 

5 ‘‘(ii) entered or attempted to enter the 

6 United States at a place and time other 

7 than lawfully through a United States port 

8 of entry.’’. 

9 SEC. 106. ASYLUM FEES. 

10 Paragraph (3) of section 208(d) of the Immigration 

11 and Nationality Act (8 U.S.C. 1158(d)) is amended to 

12 read as follows: 

13 ‘‘(3) FEES.— 

14 ‘‘(A) APPLICATION FEE.—A fee of not less 

15 than $50 for each application for asylum shall 

16 be imposed. Such fee shall not exceed the cost 

17 of adjudicating the application. Such fee shall 

18 not apply to an unaccompanied alien child who 

19 files an asylum application in proceedings under 

20 section 240. 

21 ‘‘(B) EMPLOYMENT AUTHORIZATION.—A 

22 fee may also be imposed for the consideration 

23 of an application for employment authorization 

24 under this section and for adjustment of status 


pbinns on DSKJLVW7X2PROD with $$_JOB
94 

•S 2824 IS

1 under section 209(b). Such a fee shall not ex2 ceed the cost of adjudicating the application. 

3 ‘‘(C) PAYMENT.—Fees under this para4 graph may be assessed and paid over a period 

5 of time or by installments. 

6 ‘‘(D) RULE OF CONSTRUCTION.—Nothing 

7 in this paragraph shall be construed to limit the 

8 authority of the Attorney General or Secretary 

9 of Homeland Security to set adjudication and 

10 naturalization fees in accordance with section 

11 286(m).’’. 

12 SEC. 107. RULES FOR DETERMINING ASYLUM ELIGIBILITY. 

13 Section 208 of the Immigration and Nationality Act 

14 (8 U.S.C. 1158) is amended by adding at the end the fol15 lowing: 

16 ‘‘(f) RULES FOR DETERMINING ASYLUM ELIGI17 BILITY.—In making a determination under subsection 

18 (b)(1)(A) with respect to whether an alien is a refugee 

19 within the meaning of section 101(a)(42)(A), the following 

20 shall apply: 

21 ‘‘(1) PARTICULAR SOCIAL GROUP.—The Sec22 retary of Homeland Security or the Attorney Gen23 eral shall not determine that an alien is a member 

24 of a particular social group unless the alien articu25 lates on the record, or provides a basis on the record 


pbinns on DSKJLVW7X2PROD with $$_JOB
95 

•S 2824 IS

1 for determining, the definition and boundaries of the 

2 alleged particular social group, establishes that the 

3 particular social group exists independently from the 

4 alleged persecution, and establishes that the alien’s 

5 claim of membership in a particular social group 

6 does not involve— 

7 ‘‘(A) past or present criminal activity or 

8 association (including gang membership); 

9 ‘‘(B) presence in a country with general10 ized violence or a high crime rate; 

11 ‘‘(C) being the subject of a recruitment ef12 fort by criminal, terrorist, or persecutory 

13 groups; 

14 ‘‘(D) the targeting of the applicant for 

15 criminal activity for financial gain based on per16 ceptions of wealth or affluence; 

17 ‘‘(E) interpersonal disputes of which gov18 ernmental authorities in the relevant society or 

19 region were unaware or uninvolved; 

20 ‘‘(F) private criminal acts of which govern21 mental authorities in the relevant society or re22 gion were unaware or uninvolved; 

23 ‘‘(G) past or present terrorist activity or 

24 association; 


pbinns on DSKJLVW7X2PROD with $$_JOB
96 

•S 2824 IS

1 ‘‘(H) past or present persecutory activity 

2 or association; or 

3 ‘‘(I) status as an alien returning from the 

4 United States. 

5 ‘‘(2) POLITICAL OPINION.—The Secretary of 

6 Homeland Security or the Attorney General may not 

7 determine that an alien holds a political opinion with 

8 respect to which the alien is subject to persecution 

9 if the political opinion is constituted solely by gener10 alized disapproval of, disagreement with, or opposi11 tion to criminal, terrorist, gang, guerilla, or other 

12 non-state organizations and does not include expres13 sive behavior in furtherance of a cause against such 

14 organizations related to efforts by the State to con15 trol such organizations or behavior that is antithet16 ical to or otherwise opposes the ruling legal entity of 

17 the State or a unit thereof. 

18 ‘‘(3) PERSECUTION.—The Secretary of Home19 land Security or the Attorney General may not de20 termine that an alien has been subject to persecution 

21 or has a well-founded fear of persecution based only 

22 on— 

23 ‘‘(A) the existence of laws or government 

24 policies that are unenforced or infrequently en25 forced, unless there is credible evidence that 


pbinns on DSKJLVW7X2PROD with $$_JOB
97 

•S 2824 IS

1 such a law or policy has been or would be ap2 plied to the applicant personally; or 

3 ‘‘(B) the conduct of rogue foreign govern4 ment officials acting outside the scope of their 

5 official capacity. 

6 ‘‘(4) DISCRETIONARY DETERMINATION.— 

7 ‘‘(A) ADVERSE DISCRETIONARY FAC8 TORS.—The Secretary of Homeland Security or 

9 the Attorney General may only grant asylum to 

10 an alien if the alien establishes that he or she 

11 warrants a favorable exercise of discretion. In 

12 making such a determination, the Attorney 

13 General or Secretary of Homeland Security 

14 shall consider, if applicable, an alien’s use of 

15 fraudulent documents to enter the United 

16 States, unless the alien arrived in the United 

17 States by air, sea, or land directly from the ap18 plicant’s home country without transiting 

19 through any other country. 

20 ‘‘(B) FAVORABLE EXERCISE OF DISCRE21 TION NOT PERMITTED.—Except as provided in 

22 subparagraph (C), the Attorney General or Sec23 retary of Homeland Security shall not favorably 

24 exercise discretion under this section for any 

25 alien who— 


pbinns on DSKJLVW7X2PROD with $$_JOB
98 

•S 2824 IS

1 ‘‘(i) has accrued more than one year 

2 of unlawful presence in the United States, 

3 as defined in sections 212(a)(9)(B)(ii) and 

4 (iii), prior to filing an application for asy5 lum; 

6 ‘‘(ii) at the time the asylum applica7 tion is filed with the immigration court or 

8 is referred from the Department of Home9 land Security, has— 

10 ‘‘(I) failed to timely file (or time11 ly file a request for an extension of 

12 time to file) any required Federal, 

13 State, or local income tax returns; 

14 ‘‘(II) failed to satisfy any out15 standing Federal, State, or local tax 

16 obligations; or 

17 ‘‘(III) income that would result 

18 in tax liability under section 1 of the 

19 Internal Revenue Code of 1986 and 

20 that was not reported to the Internal 

21 Revenue Service; 

22 ‘‘(iii) has had two or more prior asy23 lum applications denied for any reason; 


pbinns on DSKJLVW7X2PROD with $$_JOB
99 

•S 2824 IS

1 ‘‘(iv) has withdrawn a prior asylum 

2 application with prejudice or been found to 

3 have abandoned a prior asylum application; 

4 ‘‘(v) failed to attend an interview re5 garding his or her asylum application with 

6 the Department of Homeland Security, un7 less the alien shows by a preponderance of 

8 the evidence that— 

9 ‘‘(I) exceptional circumstances 

10 prevented the alien from attending the 

11 interview; or 

12 ‘‘(II) the interview notice was not 

13 mailed to the last address provided by 

14 the alien or the alien’s representative 

15 and neither the alien nor the alien’s 

16 representative received notice of the 

17 interview; or 

18 ‘‘(vi) was subject to a final order of 

19 removal, deportation, or exclusion and did 

20 not file a motion to reopen to seek asylum 

21 based on changed country conditions with22 in one year of the change in country condi23 tions. 

24 ‘‘(C) EXCEPTIONS.—If one or more of the 

25 adverse discretionary factors set forth in subVerDate Sep 11 2014 21:39 Sep 16, 2023 Jkt 039200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 E:\BILLS\S2824.IS S2824

pbinns on DSKJLVW7X2PROD with $$_JOB
100 

•S 2824 IS

1 paragraph (B) are present, the Attorney Gen2 eral or the Secretary, may, notwithstanding 

3 such subparagraph (B), favorably exercise dis4 cretion under section 208— 

5 ‘‘(i) in extraordinary circumstances, 

6 such as those involving national security or 

7 foreign policy considerations; or 

8 ‘‘(ii) if the alien, by clear and con9 vincing evidence, demonstrates that the de10 nial of the application for asylum would re11 sult in exceptional and extremely unusual 

12 hardship to the alien. 

13 ‘‘(5) LIMITATION.—If the Secretary or the At14 torney General determines that an alien fails to sat15 isfy the requirement under paragraph (1), the alien 

16 may not be granted asylum based on membership in 

17 a particular social group, and may not appeal the 

18 determination of the Secretary or Attorney General, 

19 as applicable. A determination under this paragraph 

20 shall not serve as the basis for any motion to reopen 

21 or reconsider an application for asylum or with22 holding of removal for any reason, including a claim 

23 of ineffective assistance of counsel, unless the alien 

24 complies with the procedural requirements for such 

25 a motion and demonstrates that counsel’s failure to 


pbinns on DSKJLVW7X2PROD with $$_JOB
101 

•S 2824 IS

1 define, or provide a basis for defining, a formulation 

2 of a particular social group was both not a strategic 

3 choice and constituted egregious conduct. 

4 ‘‘(6) STEREOTYPES.—Evidence offered in sup5 port of an application for asylum that promotes cul6 tural stereotypes about a country, its inhabitants, or 

7 an alleged persecutor, including stereotypes based on 

8 race, religion, nationality, or gender, shall not be ad9 missible in adjudicating that application, except that 

10 evidence that an alleged persecutor holds 

11 stereotypical views of the applicant shall be admis12 sible. 

13 ‘‘(7) DEFINITIONS.—In this section: 

14 ‘‘(A) The term ‘membership in a particular 

15 social group’ means membership in a group 

16 that is— 

17 ‘‘(i) composed of members who share 

18 a common immutable characteristic; 

19 ‘‘(ii) defined with particularity; and 

20 ‘‘(iii) socially distinct within the soci21 ety in question. 

22 ‘‘(B) The term ‘political opinion’ means an 

23 ideal or conviction in support of the furtherance 

24 of a discrete cause related to political control of 

25 a state or a unit thereof. 


pbinns on DSKJLVW7X2PROD with $$_JOB
102 

•S 2824 IS

1 ‘‘(C) The term ‘persecution’ means the in2 fliction of a severe level of harm constituting an 

3 exigent threat by the government of a country 

4 or by persons or an organization that the gov5 ernment was unable or unwilling to control. 

6 Such term does not include— 

7 ‘‘(i) generalized harm or violence that 

8 arises out of civil, criminal, or military 

9 strife in a country; 

10 ‘‘(ii) all treatment that the United 

11 States regards as unfair, offensive, unjust, 

12 unlawful, or unconstitutional; 

13 ‘‘(iii) intermittent harassment, includ14 ing brief detentions; 

15 ‘‘(iv) threats with no actual effort to 

16 carry out the threats, except that particu17 larized threats of severe harm of an imme18 diate and menacing nature made by an 

19 identified entity may constitute persecu20 tion; or 

21 ‘‘(v) non-severe economic harm or 

22 property damage.’’. 


pbinns on DSKJLVW7X2PROD with $$_JOB
103 

•S 2824 IS

1 SEC. 108. FIRM RESETTLEMENT. 

2 Section 208 of the Immigration and Nationality Act 

3 (8 U.S.C. 1158), as amended by this title, is further 

4 amended by adding at the end the following: 

5 ‘‘(g) FIRM RESETTLEMENT.—In determining wheth6 er an alien was firmly resettled in another country prior 

7 to arriving in the United States under subsection 

8 (b)(2)(A)(xiv), the following shall apply: 

9 ‘‘(1) IN GENERAL.—An alien shall be consid10 ered to have firmly resettled in another country if, 

11 after the events giving rise to the alien’s asylum 

12 claim— 

13 ‘‘(A) the alien resided in a country through 

14 which the alien transited prior to arriving in or 

15 entering the United States and— 

16 ‘‘(i) received or was eligible for any 

17 permanent legal immigration status in that 

18 country; 

19 ‘‘(ii) resided in such a country with 

20 any non-permanent but indefinitely renew21 able legal immigration status (including 

22 asylee, refugee, or similar status, but ex23 cluding status of a tourist); or 

24 ‘‘(iii) resided in such a country and 

25 could have applied for and obtained an im26 migration status described in clause (ii); 


pbinns on DSKJLVW7X2PROD with $$_JOB
104 

•S 2824 IS

1 ‘‘(B) the alien physically resided volun2 tarily, and without continuing to suffer persecu3 tion or torture, in any one country for one year 

4 or more after departing his country of nation5 ality or last habitual residence and prior to ar6 rival in or entry into the United States, except 

7 for any time spent in Mexico by an alien who 

8 is not a native or citizen of Mexico solely as a 

9 direct result of being returned to Mexico pursu10 ant to section 235(b)(3) or of being subject to 

11 metering; or 

12 ‘‘(C) the alien is a citizen of a country 

13 other than the country in which the alien al14 leges a fear of persecution, or was a citizen of 

15 such a country in the case of an alien who re16 nounces such citizenship, and the alien was 

17 present in that country after departing his 

18 country of nationality or last habitual residence 

19 and prior to arrival in or entry into the United 

20 States. 

21 ‘‘(2) BURDEN OF PROOF.—If an immigration 

22 judge determines that an alien has firmly resettled 

23 in another country under paragraph (1), the alien 

24 shall bear the burden of proving the bar does not 

25 apply. 


pbinns on DSKJLVW7X2PROD with $$_JOB
105 

•S 2824 IS

1 ‘‘(3) FIRM RESETTLEMENT OF PARENT.—An 

2 alien shall be presumed to have been firmly resettled 

3 in another country if the alien’s parent was firmly 

4 resettled in another country, the parent’s resettle5 ment occurred before the alien turned 18 years of 

6 age, and the alien resided with such parent at the 

7 time of the firm resettlement, unless the alien estab8 lishes that he or she could not have derived any per9 manent legal immigration status or any non-perma10 nent but indefinitely renewable legal immigration 

11 status (including asylum, refugee, or similar status, 

12 but excluding status of a tourist) from the alien’s 

13 parent.’’. 

14 SEC. 109. NOTICE CONCERNING FRIVOLOUS ASYLUM AP15 PLICATIONS. 

16 (a) IN GENERAL.—Section 208(d)(4) of the Immi17 gration and Nationality Act (8 U.S.C. 1158(d)(4)) is 

18 amended— 

19 (1) in the matter preceding subparagraph (A), 

20 by inserting ‘‘the Secretary of Homeland Security 

21 or’’ before ‘‘the Attorney General’’; 

22 (2) in subparagraph (A), by striking ‘‘and of 

23 the consequences, under paragraph (6), of knowingly 

24 filing a frivolous application for asylum; and’’ and 

25 inserting a semicolon; 


pbinns on DSKJLVW7X2PROD with $$_JOB
106 

•S 2824 IS

1 (3) in subparagraph (B), by striking the period 

2 and inserting ‘‘; and’’; and 

3 (4) by adding at the end the following: 

4 ‘‘(C) ensure that a written warning ap5 pears on the asylum application advising the 

6 alien of the consequences of filing a frivolous 

7 application and serving as notice to the alien of 

8 the consequence of filing a frivolous applica9 tion.’’. 

10 (b) CONFORMING AMENDMENT.—Section 208(d)(6) 

11 of the Immigration and Nationality Act (8 U.S.C. 

12 1158(d)(6)) is amended by striking ‘‘If the’’ and all that 

13 follows and inserting: 

14 ‘‘(A) IN GENERAL.—If the Secretary of 

15 Homeland Security or the Attorney General de16 termines that an alien has knowingly made a 

17 frivolous application for asylum and the alien 

18 has received the notice under paragraph (4)(C), 

19 the alien shall be permanently ineligible for any 

20 benefits under this chapter, effective as the date 

21 of the final determination of such an applica22 tion. 

23 ‘‘(B) CRITERIA.—An application is frivo24 lous if the Secretary of Homeland Security or 


pbinns on DSKJLVW7X2PROD with $$_JOB
107 

•S 2824 IS

1 the Attorney General determines, consistent 

2 with subparagraph (C), that— 

3 ‘‘(i) it is so insufficient in substance 

4 that it is clear that the applicant know5 ingly filed the application solely or in part 

6 to delay removal from the United States, 

7 to seek employment authorization as an 

8 applicant for asylum pursuant to regula9 tions issued pursuant to paragraph (2), or 

10 to seek issuance of a Notice to Appear in 

11 order to pursue Cancellation of Removal 

12 under section 240A(b); or 

13 ‘‘(ii) any of the material elements are 

14 knowingly fabricated. 

15 ‘‘(C) SUFFICIENT OPPORTUNITY TO CLAR16 IFY.—In determining that an application is friv17 olous, the Secretary or the Attorney General, 

18 must be satisfied that the applicant, during the 

19 course of the proceedings, has had sufficient op20 portunity to clarify any discrepancies or implau21 sible aspects of the claim. 

22 ‘‘(D) WITHHOLDING OF REMOVAL NOT

23 PRECLUDED.—For purposes of this section, a 

24 finding that an alien filed a frivolous asylum 

25 application shall not preclude the alien from 


pbinns on DSKJLVW7X2PROD with $$_JOB
108 

•S 2824 IS

1 seeking withholding of removal under section 

2 241(b)(3) or protection pursuant to the Con3 vention Against Torture.’’. 

4 SEC. 110. TECHNICAL AMENDMENTS. 

5 Section 208 of the Immigration and Nationality Act 

6 (8 U.S.C. 1158) is amended— 

7 (1) in subsection (a)— 

8 (A) in paragraph (2)(D), by inserting 

9 ‘‘Secretary of Homeland Security or the’’ before 

10 ‘‘Attorney General’’; and 

11 (B) in paragraph (3), by inserting ‘‘Sec12 retary of Homeland Security or the’’ before 

13 ‘‘Attorney General’’; 

14 (2) in subsection (c)— 

15 (A) in paragraph (1), by striking ‘‘Attor16 ney General’’ each place such term appears and 

17 inserting ‘‘Secretary of Homeland Security’’; 

18 (B) in paragraph (2), in the matter pre19 ceding subparagraph (A), by inserting ‘‘Sec20 retary of Homeland Security or the’’ before 

21 ‘‘Attorney General’’; and 

22 (C) in paragraph (3), by inserting ‘‘Sec23 retary of Homeland Security or the’’ before 

24 ‘‘Attorney General’’; and 

25 (3) in subsection (d)— 


pbinns on DSKJLVW7X2PROD with $$_JOB
109 

•S 2824 IS

1 (A) in paragraph (1), by inserting ‘‘Sec2 retary of Homeland Security or the’’ before 

3 ‘‘Attorney General’’ each place such term ap4 pears; and 

5 (B) in paragraph (5)— 

6 (i) in subparagraph (A), by striking 

7 ‘‘Attorney General’’ and inserting ‘‘Sec8 retary of Homeland Security’’; and 

9 (ii) in subparagraph (B), by inserting 

10 ‘‘Secretary of Homeland Security or the’’ 

11 before ‘‘Attorney General’’. 

12 SEC. 111. REQUIREMENT FOR PROCEDURES RELATING TO 

13 CERTAIN ASYLUM APPLICATIONS. 

14 (a) IN GENERAL.—Not later than 30 days after the 

15 date of the enactment of this Act, the Attorney General 

16 shall establish procedures to expedite the adjudication of 

17 asylum applications for aliens— 

18 (1) who are subject to removal proceedings 

19 under section 240 of the Immigration and Nation20 ality Act (8 U.S.C. 1229a); and 

21 (2) who are nationals of a Western Hemisphere 

22 country sanctioned by the United States, as de23 scribed in subsection (b), as of January 1, 2023. 

24 (b) WESTERN HEMISPHERE COUNTRY SANCTIONED

25 BY THE UNITED STATES DESCRIBED.—Subsection (a) 


pbinns on DSKJLVW7X2PROD with $$_JOB
110 

•S 2824 IS

1 shall apply only to an asylum application filed by an alien 

2 who is a national of a Western Hemisphere country sub3 ject to sanctions pursuant to— 

4 (1) the Cuban Liberty and Democratic Soli5 darity (LIBERTAD) Act of 1996 (22 U.S.C. 6021 

6 note); 

7 (2) the Reinforcing Nicaragua’s Adherence to 

8 Conditions for Electoral Reform Act of 2021 or the 

9 RENACER Act (50 U.S.C. 1701 note); or 

10 (3) Executive Order 13692 (80 Fed. Reg. 

11 12747; declaring a national emergency with respect 

12 to the situation in Venezuela). 

13 (c) APPLICABILITY.—This section shall only apply to 

14 an alien who files an application for asylum after the date 

15 of the enactment of this Act. 

16 TITLE II—BORDER SAFETY AND 

17 MIGRANT PROTECTION 

18 SEC. 201. INSPECTION OF APPLICANTS FOR ADMISSION. 

19 Section 235 of the Immigration and Nationality Act 

20 (8 U.S.C. 1225) is amended— 

21 (1) in subsection (b)— 

22 (A) in paragraph (1)— 

23 (i) in subparagraph (A)— 

24 (I) in clauses (i) and (ii), by 

25 striking ‘‘section 212(a)(6)(C)’’ and 


pbinns on DSKJLVW7X2PROD with $$_JOB
111 

•S 2824 IS

1 inserting ‘‘subparagraph (A) or (C) of 

2 section 212(a)(6)’’; and 

3 (II) by adding at the end the fol4 lowing: 

5 ‘‘(iv) INELIGIBILITY FOR PAROLE.— 

6 An alien described in clause (i) or (ii) shall 

7 not be eligible for parole except as ex8 pressly authorized pursuant to section 

9 212(d)(5), or for parole or release pursu10 ant to section 236(a).’’; and 

11 (ii) in subparagraph (B)— 

12 (I) in clause (ii), by striking 

13 ‘‘asylum.’’ and inserting ‘‘asylum and 

14 shall not be released (including pursu15 ant to parole or release pursuant to 

16 section 236(a) but excluding as ex17 pressly authorized pursuant to section 

18 212(d)(5)) other than to be removed 

19 or returned to a country as described 

20 in paragraph (3).’’; and 

21 (II) in clause (iii)(IV)— 

22 (aa) in the header by strik23 ing ‘‘DETENTION’’ and inserting 

24 ‘‘DETENTION, RETURN, OR RE25 MOVAL’’; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
112 

•S 2824 IS

1 (bb) by adding at the end 

2 the following: ‘‘The alien shall 

3 not be released (including pursu4 ant to parole or release pursuant 

5 to section 236(a) but excluding 

6 as expressly authorized pursuant 

7 to section 212(d)(5)) other than 

8 to be removed or returned to a 

9 country as described in para10 graph (3).’’; 

11 (B) in paragraph (2)— 

12 (i) in subparagraph (A)— 

13 (I) by striking ‘‘Subject to sub14 paragraphs (B) and (C),’’ and insert15 ing ‘‘Subject to subparagraph (B) and 

16 paragraph (3),’’; and 

17 (II) by adding at the end the fol18 lowing: ‘‘The alien shall not be re19 leased (including pursuant to parole 

20 or release pursuant to section 236(a) 

21 but excluding as expressly authorized 

22 pursuant to section 212(d)(5)) other 

23 than to be removed or returned to a 

24 country as described in paragraph 

25 (3).’’; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
113 

•S 2824 IS

1 (ii) by striking subparagraph (C); 

2 (C) by redesignating paragraph (3) as 

3 paragraph (5); and 

4 (D) by inserting after paragraph (2) the 

5 following: 

6 ‘‘(3) RETURN TO FOREIGN TERRITORY CONTIG7 UOUS TO THE UNITED STATES.— 

8 ‘‘(A) IN GENERAL.—The Secretary of 

9 Homeland Security may return to a foreign ter10 ritory contiguous to the United States any alien 

11 arriving on land from that territory (whether or 

12 not at a designated port of entry) pending a 

13 proceeding under section 240 or review of a de14 termination under subsection (b)(1)(B)(iii)(III). 

15 ‘‘(B) MANDATORY RETURN.—If at any 

16 time the Secretary of Homeland Security can17 not— 

18 ‘‘(i) comply with its obligations to de19 tain an alien as required under clauses (ii) 

20 and (iii)(IV) of subsection (b)(1)(B) and 

21 subsection (b)(2)(A); or 

22 ‘‘(ii) remove an alien to a country de23 scribed in section 208(a)(2)(A), 

24 the Secretary of Homeland Security shall, with25 out exception, including pursuant to parole or 


pbinns on DSKJLVW7X2PROD with $$_JOB
114 

•S 2824 IS

1 release pursuant to section 236(a) but exclud2 ing as expressly authorized pursuant to section 

3 212(d)(5), return to a foreign territory contig4 uous to the United States any alien arriving on 

5 land from that territory (whether or not at a 

6 designated port of entry) pending a proceeding 

7 under section 240 or review of a determination 

8 under subsection (b)(1)(B)(iii)(III). 

9 ‘‘(4) ENFORCEMENT BY STATE ATTORNEYS

10 GENERAL.—The attorney general of a State, or 

11 other authorized State officer, alleging a violation of 

12 the detention, return, or removal requirements under 

13 paragraph (1), (2), or (3) that affects such State or 

14 its residents, may bring an action against the Sec15 retary of Homeland Security on behalf of the resi16 dents of the State in an appropriate United States 

17 district court to obtain appropriate injunctive re18 lief.’’; and 

19 (2) by adding at the end the following: 

20 ‘‘(e) AUTHORITY TO PROHIBIT INTRODUCTION OF

21 CERTAIN ALIENS.—If the Secretary of Homeland Security 

22 determines, in his discretion, that the prohibition of the 

23 introduction of aliens who are inadmissible under subpara24 graph (A) or (C) of section 212(a)(6) or under section 

25 212(a)(7) at an international land or maritime border of 


pbinns on DSKJLVW7X2PROD with $$_JOB
115 

•S 2824 IS

1 the United States is necessary to achieve operational con2 trol (as defined in section 2 of the Secure Fence Act of 

3 2006 (8 U.S.C. 1701 note)) of such border, the Secretary 

4 may prohibit, in whole or in part, the introduction of such 

5 aliens at such border for such period of time as the Sec6 retary determines is necessary for such purpose.’’. 

7 SEC. 202. OPERATIONAL DETENTION FACILITIES. 

8 (a) IN GENERAL.—Not later than September 30, 

9 2023, the Secretary of Homeland Security shall take all 

10 necessary actions to reopen or restore all U.S. Immigra11 tion and Customs Enforcement detention facilities that 

12 were in operation on January 20, 2021, that subsequently 

13 closed or with respect to which the use was altered, re14 duced, or discontinued after January 20, 2021. In car15 rying out the requirement under this subsection, the Sec16 retary may use the authority under section 103(a)(11) of 

17 the Immigration and Nationality Act (8 U.S.C. 

18 1103(a)(11)). 

19 (b) SPECIFIC FACILITIES.—The requirement under 

20 subsection (a) shall include at a minimum, reopening, or 

21 restoring, the following facilities: 

22 (1) Irwin County Detention Center in Georgia. 

23 (2) C. Carlos Carreiro Immigration Detention 

24 Center in Bristol County, Massachusetts. 


pbinns on DSKJLVW7X2PROD with $$_JOB
116 

•S 2824 IS

1 (3) Etowah County Detention Center in Gads2 den, Alabama. 

3 (4) Glades County Detention Center in Moore 

4 Haven, Florida. 

5 (5) South Texas Family Residential Center. 

6 (c) EXCEPTION.— 

7 (1) IN GENERAL.—Except as provided in para8 graphs (2) and (3), the Secretary of Homeland Se9 curity is authorized to obtain equivalent capacity for 

10 detention facilities at locations other than those list11 ed in subsection (b). 

12 (2) LIMITATION.—The Secretary may not take 

13 action under paragraph (1) unless the capacity ob14 tained would result in a reduction of time and cost 

15 relative to the cost and time otherwise required to 

16 obtain such capacity. 

17 (3) SOUTH TEXAS FAMILY RESIDENTIAL CEN18 TER.—The exception under paragraph (1) shall not 

19 apply to the South Texas Family Residential Center. 

20 The Secretary shall take all necessary steps to mod21 ify and operate the South Texas Family Residential 

22 Center in the same manner and capability it was op23 erating on January 20, 2021. 

24 (d) PERIODIC REPORT.—Not later than 90 days after 

25 the date of the enactment of this Act, and every 90 days 


pbinns on DSKJLVW7X2PROD with $$_JOB
117 

•S 2824 IS

1 thereafter until September 30, 2027, the Secretary of 

2 Homeland Security shall submit to the appropriate con3 gressional committees a detailed plan for and a status re4 port on— 

5 (1) compliance with the deadline under sub6 section (a); 

7 (2) the increase in detention capabilities re8 quired by this section— 

9 (A) for the 90-day period immediately pre10 ceding the date such report is submitted; and 

11 (B) for the period beginning on the first 

12 day of the fiscal year during which the report 

13 is submitted, and ending on the date such re14 port is submitted; 

15 (3) the number of detention beds that were 

16 used and the number of available detention beds 

17 that were not used during— 

18 (A) the 90-day period immediately pre19 ceding the date such report is submitted; and 

20 (B) the period beginning on the first day 

21 of the fiscal year during which the report is 

22 submitted, and ending on the date such report 

23 is submitted; 

24 (4) the number of aliens released due to a lack 

25 of available detention beds; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
118 

•S 2824 IS

1 (5) the resources the Department of Homeland 

2 Security needs in order to comply with the require3 ments under this section. 

4 (e) NOTIFICATION.—The Secretary of Homeland Se5 curity shall notify Congress, and include with such notifi6 cation a detailed description of the resources the Depart7 ment of Homeland Security needs in order to detain all 

8 aliens whose detention is mandatory or nondiscretionary 

9 under the Immigration and Nationality Act (8 U.S.C. 

10 1101 et seq.)— 

11 (1) not later than 5 days after all U.S. Immi12 gration and Customs Enforcement detention facili13 ties reach 90 percent of capacity; 

14 (2) not later than 5 days after all U.S. Immi15 gration and Customs Enforcement detention facili16 ties reach 95 percent of capacity; and 

17 (3) not later than 5 days after all U.S. Immi18 gration and Customs Enforcement detention facili19 ties reach full capacity. 

20 (f) APPROPRIATE CONGRESSIONAL COMMITTEES.— 

21 In this section, the term ‘‘appropriate congressional com22 mittees’’ means— 

23 (1) the Committee on the Judiciary of the 

24 House of Representatives; 


pbinns on DSKJLVW7X2PROD with $$_JOB
119 

•S 2824 IS

1 (2) the Committee on Appropriations of the 

2 House of Representatives; 

3 (3) the Committee on the Judiciary of the Sen4 ate; and 

5 (4) the Committee on Appropriations of the 

6 Senate. 

7 TITLE III—PREVENTING UNCON8 TROLLED MIGRATION FLOWS 

9 IN THE WESTERN HEMI10 SPHERE 

11 SEC. 301. UNITED STATES POLICY REGARDING WESTERN 

12 HEMISPHERE COOPERATION ON IMMIGRA13 TION AND ASYLUM. 

14 It is the policy of the United States to enter into 

15 agreements, accords, and memoranda of understanding 

16 with countries in the Western Hemisphere, the purposes 

17 of which are to advance the interests of the United States 

18 by reducing costs associated with illegal immigration and 

19 to protect the human capital, societal traditions, and eco20 nomic growth of other countries in the Western Hemi21 sphere. It is further the policy of the United States to 

22 ensure that humanitarian and development assistance 

23 funding aimed at reducing illegal immigration is not ex24 pended on programs that have not proven to reduce illegal 

25 immigrant flows in the aggregate. 


pbinns on DSKJLVW7X2PROD with $$_JOB
120 

•S 2824 IS

1 SEC. 302. NEGOTIATIONS BY SECRETARY OF STATE. 

2 (a) AUTHORIZATION TO NEGOTIATE.—The Secretary 

3 of State shall seek to negotiate agreements, accords, and 

4 memoranda of understanding between the United States, 

5 Mexico, Honduras, El Salvador, Guatemala, and other 

6 countries in the Western Hemisphere with respect to co7 operation and burden sharing required for effective re8 gional immigration enforcement, expediting legal claims by 

9 aliens for asylum, and the processing, detention, and repa10 triation of foreign nationals seeking to enter the United 

11 States unlawfully. Such agreements shall be designed to 

12 facilitate a regional approach to immigration enforcement 

13 and shall, at a minimum, provide that— 

14 (1) the Government of Mexico authorize and ac15 cept the rapid entrance into Mexico of nationals of 

16 countries other than Mexico who seek asylum in 

17 Mexico, and process the asylum claims of such na18 tionals inside Mexico, in accordance with both do19 mestic law and international treaties and conven20 tions governing the processing of asylum claims; 

21 (2) the Government of Mexico authorize and ac22 cept both the rapid entrance into Mexico of all na23 tionals of countries other than Mexico who are ineli24 gible for asylum in Mexico and wish to apply for 

25 asylum in the United States, whether or not at a 

26 port of entry, and the continued presence of such 


pbinns on DSKJLVW7X2PROD with $$_JOB
121 

•S 2824 IS

1 nationals in Mexico while they wait for the adjudica2 tion of their asylum claims to conclude in the United 

3 States; 

4 (3) the Government of Mexico commit to pro5 vide the individuals described in paragraphs (1) and 

6 (2) with appropriate humanitarian protections; 

7 (4) the Government of Honduras, the Govern8 ment of El Salvador, and the Government of Guate9 mala each authorize and accept the entrance into 

10 the respective countries of nationals of other coun11 tries seeking asylum in the applicable such country 

12 and process such claims in accordance with applica13 ble domestic law and international treaties and con14 ventions governing the processing of asylum claims; 

15 (5) the Government of the United States com16 mit to work to accelerate the adjudication of asylum 

17 claims and to conclude removal proceedings in the 

18 wake of asylum adjudications as expeditiously as 

19 possible; 

20 (6) the Government of the United States com21 mit to continue to assist the governments of coun22 tries in the Western Hemisphere, such as the Gov23 ernment of Honduras, the Government of El Sal24 vador, and the Government of Guatemala, by supVerDate Sep 11 2014 21:39 Sep 16, 2023 Jkt 039200 PO 00000 Frm 00121 Fmt 6652 Sfmt 6201 E:\BILLS\S2824.IS S2824

pbinns on DSKJLVW7X2PROD with $$_JOB
122 

•S 2824 IS

1 porting the enhancement of asylum capacity in those 

2 countries; and 

3 (7) the Government of the United States com4 mit to monitoring developments in hemispheric im5 migration trends and regional asylum capabilities to 

6 determine whether additional asylum cooperation 

7 agreements are warranted. 

8 (b) NOTIFICATION IN ACCORDANCE WITH CASE-ZA9 BLOCKI ACT.—The Secretary of State shall, in accordance 

10 with section 112b of title 1, United States Code, promptly 

11 inform the relevant congressional committees of each 

12 agreement entered into pursuant to subsection (a). Such 

13 notifications shall be submitted not later than 48 hours 

14 after such agreements are signed. 

15 (c) ALIEN DEFINED.—In this section, the term 

16 ‘‘alien’’ has the meaning given such term in section 101 

17 of the Immigration and Nationality Act (8 U.S.C. 1101). 

18 SEC. 303. MANDATORY BRIEFINGS ON UNITED STATES EF19 FORTS TO ADDRESS THE BORDER CRISIS. 

20 (a) BRIEFING REQUIRED.—Not later than 90 days 

21 after the date of the enactment of this Act, and not less 

22 frequently than once every 90 days thereafter until the 

23 date described in subsection (b), the Secretary of State, 

24 or the designee of the Secretary of State, shall provide 

25 to the appropriate congressional committees an in-person 


pbinns on DSKJLVW7X2PROD with $$_JOB
123 

•S 2824 IS

1 briefing on efforts undertaken pursuant to the negotiation 

2 authority provided by section 302 of this title to monitor, 

3 deter, and prevent illegal immigration to the United 

4 States, including by entering into agreements, accords, 

5 and memoranda of understanding with foreign countries 

6 and by using United States foreign assistance to stem the 

7 root causes of migration in the Western Hemisphere. 

8 (b) TERMINATION OF MANDATORY BRIEFING.—The 

9 date described in this subsection is the date on which the 

10 Secretary of State, in consultation with the heads of other 

11 relevant Federal departments and agencies, determines 

12 and certifies to the appropriate congressional committees 

13 that illegal immigration flows have subsided to a manage14 able rate. 

15 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE16 FINED.—In this section, the term ‘‘appropriate congres17 sional committees’’ means the Committee on Foreign Af18 fairs of the House of Representatives and the Committee 

19 on Foreign Relations of the Senate. 

20 TITLE IV—ENSURING UNITED 

21 FAMILIES AT THE BORDER 

22 SEC. 401. CLARIFICATION OF STANDARDS FOR FAMILY DE23 TENTION. 

24 (a) IN GENERAL.—Section 235 of the William Wil25 berforce Trafficking Victims Protection Reauthorization 


pbinns on DSKJLVW7X2PROD with $$_JOB
124 

•S 2824 IS

1 Act of 2008 (8 U.S.C. 1232) is amended by adding at 

2 the end the following: 

3 ‘‘(j) CONSTRUCTION.— 

4 ‘‘(1) IN GENERAL.—Notwithstanding any other 

5 provision of law, judicial determination, consent de6 cree, or settlement agreement, the detention of any 

7 alien child who is not an unaccompanied alien child 

8 shall be governed by sections 217, 235, 236, and 

9 241 of the Immigration and Nationality Act (8 

10 U.S.C. 1187, 1225, 1226, and 1231). There is no 

11 presumption that an alien child who is not an unac12 companied alien child should not be detained. 

13 ‘‘(2) FAMILY DETENTION.—The Secretary of 

14 Homeland Security shall— 

15 ‘‘(A) maintain the care and custody of an 

16 alien, during the period during which the 

17 charges described in clause (i) are pending, 

18 who— 

19 ‘‘(i) is charged only with a mis20 demeanor offense under section 275(a) of 

21 the Immigration and Nationality Act (8 

22 U.S.C. 1325(a)); and 

23 ‘‘(ii) entered the United States with 

24 the alien’s child who has not attained 18 

25 years of age; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
125 

•S 2824 IS

1 ‘‘(B) detain the alien with the alien’s 

2 child.’’. 

3 (b) SENSE OF CONGRESS.—It is the sense of Con4 gress that the amendments in this section to section 235 

5 of the William Wilberforce Trafficking Victims Protection 

6 Reauthorization Act of 2008 (8 U.S.C. 1232) are intended 

7 to satisfy the requirements of the Settlement Agreement 

8 in Flores v. Meese, No. 85–4544 (C.D. Cal), as approved 

9 by the court on January 28, 1997, with respect to its in10 terpretation in Flores v. Johnson, 212 F. Supp. 3d 864 

11 (C.D. Cal. 2015), that the agreement applies to accom12 panied minors. 

13 (c) EFFECTIVE DATE.—The amendment made by 

14 subsection (a) shall take effect on the date of the enact15 ment of this Act and shall apply to all actions that occur 

16 before, on, or after such date. 

17 (d) PREEMPTION OF STATE LICENSING REQUIRE18 MENTS.—Notwithstanding any other provision of law, ju19 dicial determination, consent decree, or settlement agree20 ment, no State may require that an immigration detention 

21 facility used to detain children who have not attained 18 

22 years of age, or families consisting of one or more of such 

23 children and the parents or legal guardians of such chil24 dren, that is located in that State, be licensed by the State 

25 or any political subdivision thereof. 


pbinns on DSKJLVW7X2PROD with $$_JOB
126 

•S 2824 IS

1 TITLE V—PROTECTION OF 

2 CHILDREN 

3 SEC. 501. FINDINGS. 

4 Congress makes the following findings: 

5 (1) Implementation of the provisions of the 

6 Trafficking Victims Protection Reauthorization Act 

7 of 2008 that govern unaccompanied alien children 

8 has incentivized multiple surges of unaccompanied 

9 alien children arriving at the southwest border in the 

10 years since the bill’s enactment. 

11 (2) The provisions of the Trafficking Victims 

12 Protection Reauthorization Act of 2008 that govern 

13 unaccompanied alien children treat unaccompanied 

14 alien children from countries that are contiguous to 

15 the United States disparately by swiftly returning 

16 them to their home country absent indications of 

17 trafficking or a credible fear of return, but allowing 

18 for the release of unaccompanied alien children from 

19 noncontiguous countries into the interior of the 

20 United States, often to those individuals who paid to 

21 smuggle them into the country in the first place. 

22 (3) The provisions of the Trafficking Victims 

23 Protection Reauthorization Act of 2008 governing 

24 unaccompanied alien children have enriched the car25 tels, who profit hundreds of millions of dollars each 


pbinns on DSKJLVW7X2PROD with $$_JOB
127 

•S 2824 IS

1 year by smuggling unaccompanied alien children to 

2 the southwest border, exploiting and sexually abus3 ing many such unaccompanied alien children on the 

4 perilous journey. 

5 (4) Prior to 2008, the number of unaccom6 panied alien children encountered at the southwest 

7 border never exceeded 1,000 in a single year. 

8 (5) The United States is currently in the midst 

9 of the worst crisis of unaccompanied alien children 

10 in our Nation’s history, with over 350,000 such un11 accompanied alien children encountered at the 

12 southwest border since Joe Biden became President. 

13 (6) In 2022, during the Biden Administration, 

14 152,057 unaccompanied alien children were encoun15 tered, the most ever in a single year and an over 

16 400 percent increase compared to the last full fiscal 

17 year of the Trump Administration in which 33,239 

18 unaccompanied alien children were encountered. 

19 (7) The Biden Administration has lost contact 

20 with at least 85,000 unaccompanied alien children 

21 who entered the United States since Joe Biden took 

22 office. 

23 (8) The Biden Administration dismantled effec24 tive safeguards put in place by the Trump Adminis25 tration that protected unaccompanied alien children 


pbinns on DSKJLVW7X2PROD with $$_JOB
128 

•S 2824 IS

1 from being abused by criminals or exploited for ille2 gal and dangerous child labor. 

3 (9) A recent New York Times investigation 

4 found that unaccompanied alien children are being 

5 exploited in the labor market and ‘‘are ending up in 

6 some of the most punishing jobs in the country.’’. 

7 (10) The Times investigation found unaccom8 panied alien children, ‘‘under intense pressure to 

9 earn money’’ in order to ‘‘send cash back to their 

10 families while often being in debt to their sponsors 

11 for smuggling fees, rent, and living expenses,’’ 

12 feared ‘‘that they had become trapped in cir13 cumstances they never could have imagined.’’. 

14 (11) The Biden Administration’s Department of 

15 Health and Human Services Secretary Xavier 

16 Becerra compared placing unaccompanied alien chil17 dren with sponsors, to widgets in an assembly line, 

18 stating that, ‘‘If Henry Ford had seen this in his 

19 plant, he would have never become famous and rich. 

20 This is not the way you do an assembly line.’’. 

21 (12) Department of Health and Human Serv22 ices employees working under Secretary Xavier 

23 Becerra’s leadership penned a July 2021 memo24 randum expressing serious concern that ‘‘labor traf25 ficking was increasing’’ and that the agency had beVerDate Sep 11 2014 21:39 Sep 16, 2023 Jkt 039200 PO 00000 Frm 00128 Fmt 6652 Sfmt 6201 E:\BILLS\S2824.IS S2824

pbinns on DSKJLVW7X2PROD with $$_JOB
129 

•S 2824 IS

1 come ‘‘one that rewards individuals for making quick 

2 releases, and not one that rewards individuals for 

3 preventing unsafe releases.’’. 

4 (13) Despite this, Secretary Xavier Becerra 

5 pressured then-Director of the Office of Refugee Re6 settlement Cindy Huang to prioritize releases of un7 accompanied alien children over ensuring their safe8 ty, telling her ‘‘if she could not increase the number 

9 of discharges he would find someone who could’’ and 

10 then-Director Huang resigned one month later. 

11 (14) In June 2014, the Obama-Biden Adminis12 tration requested legal authority to exercise discre13 tion in returning and removing unaccompanied alien 

14 children from non-contiguous countries back to their 

15 home countries. 

16 (15) In August 2014, the House of Representa17 tives passed H.R. 5320, which included the Protec18 tion of Children Act. 

19 (16) This title ends the disparate policies of the 

20 Trafficking Victims Protection Reauthorization Act 

21 of 2008 by ensuring the swift return of all unaccom22 panied alien children to their country of origin if 

23 they are not victims of trafficking and do not have 

24 a fear of return. 


pbinns on DSKJLVW7X2PROD with $$_JOB
130 

•S 2824 IS

1 SEC. 502. REPATRIATION OF UNACCOMPANIED ALIEN CHIL2 DREN. 

3 (a) IN GENERAL.—Section 235 of the William Wil4 berforce Trafficking Victims Protection Reauthorization 

5 Act of 2008 (8 U.S.C. 1232) is amended— 

6 (1) in subsection (a)— 

7 (A) in paragraph (2)— 

8 (i) by amending the heading to read 

9 as follows: ‘‘RULES FOR UNACCOMPANIED

10 ALIEN CHILDREN.—’’; 

11 (ii) in subparagraph (A)— 

12 (I) in the matter preceding clause 

13 (i), by striking ‘‘who is a national or 

14 habitual resident of a country that is 

15 contiguous with the United States’’; 

16 (II) in clause (i), by inserting 

17 ‘‘and’’ at the end; 

18 (III) in clause (ii), by striking ‘‘; 

19 and’’ and inserting a period; and 

20 (IV) by striking clause (iii); and 

21 (iii) in subparagraph (B)— 

22 (I) in the matter preceding clause 

23 (i), by striking ‘‘(8 U.S.C. 1101 et 

24 seq.) may—’’ and inserting ‘‘(8 

25 U.S.C. 1101 et seq.)—’’; 


pbinns on DSKJLVW7X2PROD with $$_JOB
131 

•S 2824 IS

1 (II) in clause (i), by inserting be2 fore ‘‘permit such child to withdraw’’ 

3 the following: ‘‘may’’; and 

4 (III) in clause (ii), by inserting 

5 before ‘‘return such child’’ the fol6 lowing: ‘‘shall’’; and 

7 (B) in paragraph (5)(D)— 

8 (i) in the matter preceding clause (i), 

9 by striking ‘‘, except for an unaccompanied 

10 alien child from a contiguous country sub11 ject to exceptions under subsection (a)(2),’’ 

12 and inserting ‘‘who does not meet the cri13 teria listed in paragraph (2)(A)’’; and 

14 (ii) in clause (i), by inserting before 

15 the semicolon at the end the following: ‘‘, 

16 which shall include a hearing before an im17 migration judge not later than 14 days 

18 after being screened under paragraph (4)’’; 

19 (2) in subsection (b)— 

20 (A) in paragraph (2)— 

21 (i) in subparagraph (A), by inserting 

22 before the semicolon the following: ‘‘be23 lieved not to meet the criteria listed in sub24 section (a)(2)(A)’’; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
132 

•S 2824 IS

1 (ii) in subparagraph (B), by inserting 

2 before the period the following: ‘‘and does 

3 not meet the criteria listed in subsection 

4 (a)(2)(A)’’; and 

5 (B) in paragraph (3), by striking ‘‘an un6 accompanied alien child in custody shall’’ and 

7 all that follows, and inserting the following: ‘‘an 

8 unaccompanied alien child in custody— 

9 ‘‘(A) in the case of a child who does not 

10 meet the criteria listed in subsection (a)(2)(A), 

11 shall transfer the custody of such child to the 

12 Secretary of Health and Human Services not 

13 later than 30 days after determining that such 

14 child is an unaccompanied alien child who does 

15 not meet such criteria; or 

16 ‘‘(B) in the case of a child who meets the 

17 criteria listed in subsection (a)(2)(A), may 

18 transfer the custody of such child to the Sec19 retary of Health and Human Services after de20 termining that such child is an unaccompanied 

21 alien child who meets such criteria.’’; and 

22 (3) in subsection (c)— 

23 (A) in paragraph (3), by inserting at the 

24 end the following: 


pbinns on DSKJLVW7X2PROD with $$_JOB
133 

•S 2824 IS

1 ‘‘(D) INFORMATION ABOUT INDIVIDUALS

2 WITH WHOM CHILDREN ARE PLACED.— 

3 ‘‘(i) INFORMATION TO BE PROVIDED

4 TO HOMELAND SECURITY.—Before placing 

5 a child with an individual, the Secretary of 

6 Health and Human Services shall provide 

7 to the Secretary of Homeland Security, re8 garding the individual with whom the child 

9 will be placed, information on— 

10 ‘‘(I) the name of the individual; 

11 ‘‘(II) the social security number 

12 of the individual; 

13 ‘‘(III) the date of birth of the in14 dividual; 

15 ‘‘(IV) the location of the individ16 ual’s residence where the child will be 

17 placed; 

18 ‘‘(V) the immigration status of 

19 the individual, if known; and 

20 ‘‘(VI) contact information for the 

21 individual. 

22 ‘‘(ii) ACTIVITIES OF THE SECRETARY

23 OF HOMELAND SECURITY.—Not later than 

24 30 days after receiving the information 

25 listed in clause (i), the Secretary of HomeVerDate Sep 11 2014 21:39 Sep 16, 2023 Jkt 039200 PO 00000 Frm 00133 Fmt 6652 Sfmt 6201 E:\BILLS\S2824.IS S2824

pbinns on DSKJLVW7X2PROD with $$_JOB
134 

•S 2824 IS

1 land Security, upon determining that an 

2 individual with whom a child is placed is 

3 unlawfully present in the United States 

4 and not in removal proceedings pursuant 

5 to chapter 4 of title II of the Immigration 

6 and Nationality Act (8 U.S.C. 1221 et 

7 seq.), shall initiate such removal pro8 ceedings.’’; and 

9 (B) in paragraph (5)— 

10 (i) by inserting after ‘‘to the greatest 

11 extent practicable’’ the following: ‘‘(at no 

12 expense to the Government)’’; and 

13 (ii) by striking ‘‘have counsel to rep14 resent them’’ and inserting ‘‘have access to 

15 counsel to represent them’’. 

16 (b) EFFECTIVE DATE.—The amendments made by 

17 this section shall apply to any unaccompanied alien child 

18 (as such term is defined in section 462(g) of the Home19 land Security Act of 2002 (6 U.S.C. 279(g))) apprehended 

20 on or after the date that is 30 days after the date of the 

21 enactment of this Act. 


pbinns on DSKJLVW7X2PROD with $$_JOB
135 

•S 2824 IS

1 SEC. 503. SPECIAL IMMIGRANT JUVENILE STATUS FOR IM2 MIGRANTS UNABLE TO REUNITE WITH EI3 THER PARENT. 

4 Section 101(a)(27)(J) of the Immigration and Na5 tionality Act (8 U.S.C. 1101(a)(27)(J)) is amended— 

6 (1) in clause (i), by striking ‘‘, and whose reuni7 fication with 1 or both of the immigrant’s parents 

8 is not viable due to abuse, neglect, abandonment, or 

9 a similar basis found under State law’’; and 

10 (2) in clause (iii)— 

11 (A) in subclause (I), by striking ‘‘and’’ at 

12 the end; 

13 (B) in subclause (II), by inserting ‘‘and’’ 

14 after the semicolon; and 

15 (C) by adding at the end the following: 

16 ‘‘(III) an alien may not be grant17 ed special immigrant status under this 

18 subparagraph if the alien’s reunifica19 tion with any one parent or legal 

20 guardian is not precluded by abuse, 

21 neglect, abandonment, or any similar 

22 cause under State law;’’. 

23 SEC. 504. RULE OF CONSTRUCTION. 

24 Nothing in this title shall be construed to limit the 

25 following procedures or practices relating to an unaccomVerDate Sep 11 2014 21:39 Sep 16, 2023 Jkt 039200 PO 00000 Frm 00135 Fmt 6652 Sfmt 6201 E:\BILLS\S2824.IS S2824

pbinns on DSKJLVW7X2PROD with $$_JOB
136 

•S 2824 IS

1 panied alien child (as defined in section 462(g)(2) of the 

2 Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))): 

3 (1) Screening of such a child for a credible fear 

4 of return to his or her country of origin. 

5 (2) Screening of such a child to determine 

6 whether he or she was a victim of trafficking. 

7 (3) Department of Health and Human Services 

8 policy in effect on the date of the enactment of this 

9 Act requiring a home study for such a child if he or 

10 she is under 12 years of age. 

11 TITLE VI—VISA OVERSTAYS 

12 PENALTIES 

13 SEC. 601. EXPANDED PENALTIES FOR ILLEGAL ENTRY OR 

14 PRESENCE. 

15 Section 275 of the Immigration and Nationality Act 

16 (8 U.S.C. 1325) is amended— 

17 (1) in subsection (a) by inserting after ‘‘for a 

18 subsequent commission of any such offense’’ the fol19 lowing: ‘‘or if the alien was previously convicted of 

20 an offense under subsection (e)(2)(A)’’; 

21 (2) in subsection (b)— 

22 (A) in paragraph (1), by striking ‘‘at least 

23 $50 and not more than $250’’ and inserting 

24 ‘‘not less than $500 and not more than 

25 $1,000’’; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
137 

•S 2824 IS

1 (B) in paragraph (2), by inserting after 

2 ‘‘in the case of an alien who has been previously 

3 subject to a civil penalty under this subsection’’ 

4 the following: ‘‘or subsection (e)(2)(B)’’; and 

5 (3) by adding at the end the following: 

6 ‘‘(e) VISA OVERSTAYS.— 

7 ‘‘(1) IN GENERAL.—An alien who was admitted 

8 as a nonimmigrant has violated this paragraph if the 

9 alien, for an aggregate of 10 days or more, has 

10 failed— 

11 ‘‘(A) to maintain the nonimmigrant status 

12 in which the alien was admitted, or to which it 

13 was changed under section 248, including com14 plying with the period of stay authorized by the 

15 Secretary of Homeland Security in connection 

16 with such status; or 

17 ‘‘(B) to comply otherwise with the condi18 tions of such nonimmigrant status. 

19 ‘‘(2) PENALTIES.—An alien who has violated 

20 paragraph (1)— 

21 ‘‘(A) shall— 

22 ‘‘(i) for the first commission of such a 

23 violation, be fined under title 18, United 

24 States Code, or imprisoned not more than 

25 6 months, or both; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
138 

•S 2824 IS

1 ‘‘(ii) for a subsequent commission of 

2 such a violation, or if the alien was pre3 viously convicted of an offense under sub4 section (a), be fined under such title 18, or 

5 imprisoned not more than 2 years, or both; 

6 and 

7 ‘‘(B) in addition to, and not in lieu of, any 

8 penalty under subparagraph (A) and any other 

9 criminal or civil penalties that may be imposed, 

10 shall be subject to a civil penalty of— 

11 ‘‘(i) not less than $500 and not more 

12 than $1,000 for each violation; or 

13 ‘‘(ii) twice the amount specified in 

14 clause (i), in the case of an alien who has 

15 been previously subject to a civil penalty 

16 under this subparagraph or subsection 

17 (b).’’. 

18 TITLE VII—IMMIGRATION 

19 PAROLE REFORM 

20 SEC. 701. IMMIGRATION PAROLE REFORM. 

21 Section 212(d)(5) of the Immigration and Nationality 

22 Act (8 U.S.C. 1182(d)(5)) is amended to read as follows: 

23 ‘‘(5)(A) Except as provided in subparagraphs (B) 

24 and (C) and section 214(f), the Secretary of Homeland 

25 Security, in the discretion of the Secretary, may tempoVerDate Sep 11 2014 21:39 Sep 16, 2023 Jkt 039200 PO 00000 Frm 00138 Fmt 6652 Sfmt 6201 E:\BILLS\S2824.IS S2824

pbinns on DSKJLVW7X2PROD with $$_JOB
139 

•S 2824 IS

1 rarily parole into the United States any alien applying for 

2 admission to the United States who is not present in the 

3 United States, under such conditions as the Secretary may 

4 prescribe, on a case-by-case basis, and not according to 

5 eligibility criteria describing an entire class of potential 

6 parole recipients, for urgent humanitarian reasons or sig7 nificant public benefit. Parole granted under this subpara8 graph may not be regarded as an admission of the alien. 

9 When the purposes of such parole have been served in the 

10 opinion of the Secretary, the alien shall immediately re11 turn or be returned to the custody from which the alien 

12 was paroled. After such return, the case of the alien shall 

13 be dealt with in the same manner as the case of any other 

14 applicant for admission to the United States. 

15 ‘‘(B) The Secretary of Homeland Security may grant 

16 parole to any alien who— 

17 ‘‘(i) is present in the United States without 

18 lawful immigration status; 

19 ‘‘(ii) is the beneficiary of an approved petition 

20 under section 203(a); 

21 ‘‘(iii) is not otherwise inadmissible or remov22 able; and 

23 ‘‘(iv) is the spouse or child of a member of the 

24 Armed Forces serving on active duty. 


pbinns on DSKJLVW7X2PROD with $$_JOB
140 

•S 2824 IS

1 ‘‘(C) The Secretary of Homeland Security may grant 

2 parole to any alien— 

3 ‘‘(i) who is a national of the Republic of Cuba 

4 and is living in the Republic of Cuba; 

5 ‘‘(ii) who is the beneficiary of an approved peti6 tion under section 203(a); 

7 ‘‘(iii) for whom an immigrant visa is not imme8 diately available; 

9 ‘‘(iv) who meets all eligibility requirements for 

10 an immigrant visa; 

11 ‘‘(v) who is not otherwise inadmissible; and 

12 ‘‘(vi) who is receiving a grant of parole in fur13 therance of the commitment of the United States to 

14 the minimum level of annual legal migration of 

15 Cuban nationals to the United States specified in 

16 the U.S.-Cuba Joint Communique ́ on Migration, 

17 done at New York September 9, 1994, and re18 affirmed in the Cuba-United States: Joint Statement 

19 on Normalization of Migration, Building on the 

20 Agreement of September 9, 1994, done at New York 

21 May 2, 1995. 

22 ‘‘(D) The Secretary of Homeland Security may grant 

23 parole to an alien who is returned to a contiguous country 

24 under section 235(b)(3) to allow the alien to attend the 

25 alien’s immigration hearing. The grant of parole shall not 


pbinns on DSKJLVW7X2PROD with $$_JOB
141 

•S 2824 IS

1 exceed the time required for the alien to be escorted to, 

2 and attend, the alien’s immigration hearing scheduled on 

3 the same calendar day as the grant, and to immediately 

4 thereafter be escorted back to the contiguous country. A 

5 grant of parole under this subparagraph shall not be con6 sidered for purposes of determining whether the alien is 

7 inadmissible under this Act. 

8 ‘‘(E) For purposes of determining an alien’s eligi9 bility for parole under subparagraph (A), an urgent hu10 manitarian reason shall be limited to circumstances in 

11 which the alien establishes that— 

12 ‘‘(i)(I) the alien has a medical emergency; and 

13 ‘‘(II)(aa) the alien cannot obtain necessary 

14 treatment in the foreign state in which the alien is 

15 residing; or 

16 ‘‘(bb) the medical emergency is life threatening 

17 and there is insufficient time for the alien to be ad18 mitted to the United States through the normal visa 

19 process; 

20 ‘‘(ii) the alien is the parent or legal guardian of 

21 an alien described in clause (i) and the alien de22 scribed in clause (i) is a minor; 

23 ‘‘(iii) the alien is needed in the United States 

24 in order to donate an organ or other tissue for 

25 transplant and there is insufficient time for the alien 


pbinns on DSKJLVW7X2PROD with $$_JOB
142 

•S 2824 IS

1 to be admitted to the United States through the nor2 mal visa process; 

3 ‘‘(iv) the alien has a close family member in the 

4 United States whose death is imminent and the alien 

5 could not arrive in the United States in time to see 

6 such family member alive if the alien were to be ad7 mitted to the United States through the normal visa 

8 process; 

9 ‘‘(v) the alien is seeking to attend the funeral 

10 of a close family member and the alien could not ar11 rive in the United States in time to attend such fu12 neral if the alien were to be admitted to the United 

13 States through the normal visa process; 

14 ‘‘(vi) the alien is an adopted child with an ur15 gent medical condition who is in the legal custody of 

16 the petitioner for a final adoption-related visa and 

17 whose medical treatment is required before the ex18 pected award of a final adoption-related visa; or 

19 ‘‘(vii) the alien is a lawful applicant for adjust20 ment of status under section 245 and is returning 

21 to the United States after temporary travel abroad. 

22 ‘‘(F) For purposes of determining an alien’s eligi23 bility for parole under subparagraph (A), a significant 

24 public benefit may be determined to result from the parole 

25 of an alien only if— 


pbinns on DSKJLVW7X2PROD with $$_JOB
143 

•S 2824 IS

1 ‘‘(i) the alien has assisted (or will assist, wheth2 er knowingly or not) the United States Government 

3 in a law enforcement matter; 

4 ‘‘(ii) the alien’s presence is required by the Gov5 ernment in furtherance of such law enforcement 

6 matter; and 

7 ‘‘(iii) the alien is inadmissible, does not satisfy 

8 the eligibility requirements for admission as a non9 immigrant, or there is insufficient time for the alien 

10 to be admitted to the United States through the nor11 mal visa process. 

12 ‘‘(G) For purposes of determining an alien’s eligi13 bility for parole under subparagraph (A), the term ‘case14 by-case basis’ means that the facts in each individual case 

15 are considered and parole is not granted based on mem16 bership in a defined class of aliens to be granted parole. 

17 The fact that aliens are considered for or granted parole 

18 one by one and not as a group is not sufficient to establish 

19 that the parole decision is made on a ‘case-by-case basis’. 

20 ‘‘(H) The Secretary of Homeland Security may not 

21 use the parole authority under this paragraph to parole 

22 an alien into the United States for any reason or purpose 

23 other than those described in subparagraphs (B), (C), (D), 

24 (E), and (F). 


pbinns on DSKJLVW7X2PROD with $$_JOB
144 

•S 2824 IS

1 ‘‘(I) An alien granted parole may not accept employ2 ment, except that an alien granted parole pursuant to sub3 paragraph (B) or (C) is authorized to accept employment 

4 for the duration of the parole, as evidenced by an employ5 ment authorization document issued by the Secretary of 

6 Homeland Security. 

7 ‘‘(J) Parole granted after a departure from the 

8 United States shall not be regarded as an admission of 

9 the alien. An alien granted parole, whether as an initial 

10 grant of parole or parole upon reentry into the United 

11 States, is not eligible to adjust status to lawful permanent 

12 residence or for any other immigration benefit if the immi13 gration status the alien had at the time of departure did 

14 not authorize the alien to adjust status or to be eligible 

15 for such benefit. 

16 ‘‘(K)(i) Except as provided in clauses (ii) and (iii), 

17 parole shall be granted to an alien under this paragraph 

18 for the shorter of— 

19 ‘‘(I) a period of sufficient length to accomplish 

20 the activity described in subparagraph (D), (E), or 

21 (F) for which the alien was granted parole; or 

22 ‘‘(II) 1 year. 

23 ‘‘(ii) Grants of parole pursuant to subparagraph (A) 

24 may be extended once, in the discretion of the Secretary, 

25 for an additional period that is the shorter of— 


pbinns on DSKJLVW7X2PROD with $$_JOB
145 

•S 2824 IS

1 ‘‘(I) the period that is necessary to accomplish 

2 the activity described in subparagraph (E) or (F) for 

3 which the alien was granted parole; or 

4 ‘‘(II) 1 year. 

5 ‘‘(iii) Aliens who have a pending application to adjust 

6 status to permanent residence under section 245 may re7 quest extensions of parole under this paragraph, in 1-year 

8 increments, until the application for adjustment has been 

9 adjudicated. Such parole shall terminate immediately upon 

10 the denial of such adjustment application. 

11 ‘‘(L) Not later than 90 days after the last day of each 

12 fiscal year, the Secretary of Homeland Security shall sub13 mit to the Committee on the Judiciary of the Senate and 

14 the Committee on the Judiciary of the House of Rep15 resentatives and make available to the public, a report— 

16 ‘‘(i) identifying the total number of aliens pa17 roled into the United States under this paragraph 

18 during the previous fiscal year; and 

19 ‘‘(ii) containing information and data regarding 

20 all aliens paroled during such fiscal year, includ21 ing— 

22 ‘‘(I) the duration of parole; 

23 ‘‘(II) the type of parole; and 

24 ‘‘(III) the current status of the aliens so 

25 paroled.’’. 


pbinns on DSKJLVW7X2PROD with $$_JOB
146 

•S 2824 IS

1 SEC. 702. IMPLEMENTATION. 

2 (a) IN GENERAL.—Except as provided in subsection 

3 (b), this title and the amendments made by this title shall 

4 take effect on the date that is 30 days after the date of 

5 the enactment of this Act. 

6 (b) EXCEPTIONS.—Notwithstanding subsection (a), 

7 each of the following exceptions apply: 

8 (1) Any application for parole or advance parole 

9 filed by an alien before the date of the enactment of 

10 this Act shall be adjudicated under the law that was 

11 in effect on the date on which the application was 

12 properly filed and any approved advance parole shall 

13 remain valid under the law that was in effect on the 

14 date on which the advance parole was approved. 

15 (2) Section 212(d)(5)(J) of the Immigration 

16 and Nationality Act, as added by section 701 of this 

17 title, shall take effect on the date of the enactment 

18 of this Act. 

19 (3) Aliens who were paroled into the United 

20 States pursuant to section 212(d)(5)(A) of the Im21 migration and Nationality Act (8 U.S.C. 

22 1182(d)(5)(A)) before January 1, 2023, shall con23 tinue to be subject to the terms of parole that were 

24 in effect on the date on which their respective parole 

25 was approved. 


pbinns on DSKJLVW7X2PROD with $$_JOB
147 

•S 2824 IS

1 SEC. 703. CAUSE OF ACTION. 

2 Any person, State, or local government that experi3 ences financial harm in excess of $1,000 due to a failure 

4 of the Federal Government to lawfully apply the provisions 

5 of this title or the amendments made by this title shall 

6 have standing to bring a civil action against the Federal 

7 Government in an appropriate district court of the United 

8 States for appropriate relief. 

9 SEC. 704. SEVERABILITY. 

10 If any provision of this title or any amendment by 

11 this title, or the application of such provision or amend12 ment to any person or circumstance, is held to be uncon13 stitutional, the remainder of this title and the application 

14 of such provision or amendment to any other person or 

15 circumstance shall not be affected. 

16 TITLE VIII—LEGAL WORKFORCE 

17 SEC. 801. EMPLOYMENT ELIGIBILITY VERIFICATION PROC18 ESS. 

19 (a) IN GENERAL.—Section 274A(b) of the Immigra20 tion and Nationality Act (8 U.S.C. 1324a(b)) is amended 

21 to read as follows: 

22 ‘‘(b) EMPLOYMENT ELIGIBILITY VERIFICATION

23 PROCESS.— 

24 ‘‘(1) NEW HIRES, RECRUITMENT, AND REFER25 RAL.—The requirements referred to in paragraphs 

26 (1)(B) and (3) of subsection (a) are, in the case of 


pbinns on DSKJLVW7X2PROD with $$_JOB
148 

•S 2824 IS

1 a person or other entity hiring, recruiting, or refer2 ring an individual for employment in the United 

3 States, the following: 

4 ‘‘(A) ATTESTATION AFTER EXAMINATION

5 OF DOCUMENTATION.— 

6 ‘‘(i) ATTESTATION.—During the 

7 verification period (as defined in subpara8 graph (E)), the person or entity shall at9 test, under penalty of perjury and on a 

10 form, including electronic format, des11 ignated or established by the Secretary by 

12 regulation not later than 6 months after 

13 the date of the enactment of title VIII of 

14 division B of the Secure the Border Act of 

15 2023, that it has verified that the indi16 vidual is not an unauthorized alien by— 

17 ‘‘(I) obtaining from the indi18 vidual the individual’s social security 

19 account number or United States 

20 passport number and recording the 

21 number on the form (if the individual 

22 claims to have been issued such a 

23 number), and, if the individual does 

24 not attest to United States nationality 

25 under subparagraph (B), obtaining 


pbinns on DSKJLVW7X2PROD with $$_JOB
149 

•S 2824 IS

1 such identification or authorization 

2 number established by the Depart3 ment of Homeland Security for the 

4 alien as the Secretary of Homeland 

5 Security may specify, and recording 

6 such number on the form; and 

7 ‘‘(II) examining— 

8 ‘‘(aa) a document relating to 

9 the individual presenting it de10 scribed in clause (ii); or 

11 ‘‘(bb) a document relating to 

12 the individual presenting it de13 scribed in clause (iii) and a docu14 ment relating to the individual 

15 presenting it described in clause 

16 (iv). 

17 ‘‘(ii) DOCUMENTS EVIDENCING EM18 PLOYMENT AUTHORIZATION AND ESTAB19 LISHING IDENTITY.—A document de20 scribed in this subparagraph is an individ21 ual’s— 

22 ‘‘(I) unexpired United States 

23 passport or passport card; 

24 ‘‘(II) unexpired permanent resi25 dent card that contains a photograph; 


pbinns on DSKJLVW7X2PROD with $$_JOB
150 

•S 2824 IS

1 ‘‘(III) unexpired employment au2 thorization card that contains a pho3 tograph; 

4 ‘‘(IV) in the case of a non5 immigrant alien authorized to work 

6 for a specific employer incident to sta7 tus, a foreign passport with Form I– 

8 94 or Form I–94A, or other docu9 mentation as designated by the Sec10 retary specifying the alien’s non11 immigrant status as long as the pe12 riod of status has not yet expired and 

13 the proposed employment is not in 

14 conflict with any restrictions or limita15 tions identified in the documentation; 

16 ‘‘(V) passport from the Fed17 erated States of Micronesia (FSM) or 

18 the Republic of the Marshall Islands 

19 (RMI) with Form I–94 or Form I– 

20 94A, or other documentation as des21 ignated by the Secretary, indicating 

22 nonimmigrant admission under the 

23 Compact of Free Association Between 

24 the United States and the FSM or 

25 RMI; or 


pbinns on DSKJLVW7X2PROD with $$_JOB
151 

•S 2824 IS

1 ‘‘(VI) other document designated 

2 by the Secretary of Homeland Secu3 rity, if the document— 

4 ‘‘(aa) contains a photograph 

5 of the individual and biometric 

6 identification data from the indi7 vidual and such other personal 

8 identifying information relating 

9 to the individual as the Secretary 

10 of Homeland Security finds, by 

11 regulation, sufficient for purposes 

12 of this clause; 

13 ‘‘(bb) is evidence of author14 ization of employment in the 

15 United States; and 

16 ‘‘(cc) contains security fea17 tures to make it resistant to tam18 pering, counterfeiting, and fraud19 ulent use. 

20 ‘‘(iii) DOCUMENTS EVIDENCING EM21 PLOYMENT AUTHORIZATION.—A document 

22 described in this subparagraph is an indi23 vidual’s social security account number 

24 card (other than such a card which speci25 fies on the face that the issuance of the 


pbinns on DSKJLVW7X2PROD with $$_JOB
152 

•S 2824 IS

1 card does not authorize employment in the 

2 United States). 

3 ‘‘(iv) DOCUMENTS ESTABLISHING

4 IDENTITY OF INDIVIDUAL.—A document 

5 described in this subparagraph is— 

6 ‘‘(I) an individual’s unexpired 

7 State issued driver’s license or identi8 fication card if it contains a photo9 graph and information such as name, 

10 date of birth, gender, height, eye 

11 color, and address; 

12 ‘‘(II) an individual’s unexpired 

13 United States military identification 

14 card; 

15 ‘‘(III) an individual’s unexpired 

16 Native American tribal identification 

17 document issued by a tribal entity rec18 ognized by the Bureau of Indian Af19 fairs; or 

20 ‘‘(IV) in the case of an individual 

21 under 18 years of age, a parent or 

22 legal guardian’s attestation under 

23 penalty of law as to the identity and 

24 age of the individual. 


pbinns on DSKJLVW7X2PROD with $$_JOB
153 

•S 2824 IS

1 ‘‘(v) AUTHORITY TO PROHIBIT USE OF

2 CERTAIN DOCUMENTS.—If the Secretary of 

3 Homeland Security finds, by regulation, 

4 that any document described in clause (i), 

5 (ii), or (iii) as establishing employment au6 thorization or identity does not reliably es7 tablish such authorization or identity or is 

8 being used fraudulently to an unacceptable 

9 degree, the Secretary may prohibit or place 

10 conditions on its use for purposes of this 

11 paragraph. 

12 ‘‘(vi) SIGNATURE.—Such attestation 

13 may be manifested by either a handwritten 

14 or electronic signature. 

15 ‘‘(B) INDIVIDUAL ATTESTATION OF EM16 PLOYMENT AUTHORIZATION.—During the 

17 verification period (as defined in subparagraph 

18 (E)), the individual shall attest, under penalty 

19 of perjury on the form designated or established 

20 for purposes of subparagraph (A), that the indi21 vidual is a citizen or national of the United 

22 States, an alien lawfully admitted for perma23 nent residence, or an alien who is authorized 

24 under this Act or by the Secretary of Homeland 

25 Security to be hired, recruited, or referred for 


pbinns on DSKJLVW7X2PROD with $$_JOB
154 

•S 2824 IS

1 such employment. Such attestation may be 

2 manifested by either a handwritten or electronic 

3 signature. The individual shall also provide that 

4 individual’s social security account number or 

5 United States passport number (if the indi6 vidual claims to have been issued such a num7 ber), and, if the individual does not attest to 

8 United States nationality under this subpara9 graph, such identification or authorization num10 ber established by the Department of Homeland 

11 Security for the alien as the Secretary may 

12 specify. 

13 ‘‘(C) RETENTION OF VERIFICATION FORM

14 AND VERIFICATION.— 

15 ‘‘(i) IN GENERAL.—After completion 

16 of such form in accordance with subpara17 graphs (A) and (B), the person or entity 

18 shall— 

19 ‘‘(I) retain a paper or electronic 

20 version of the form and make it avail21 able for inspection by officers of the 

22 Department of Homeland Security, 

23 the Department of Justice, or the De24 partment of Labor during a period be25 ginning on the date of the recruiting 


pbinns on DSKJLVW7X2PROD with $$_JOB
155 

•S 2824 IS

1 or referral of the individual, or, in the 

2 case of the hiring of an individual, the 

3 date on which the verification is com4 pleted, and ending— 

5 ‘‘(aa) in the case of the re6 cruiting or referral of an indi7 vidual, 3 years after the date of 

8 the recruiting or referral; and 

9 ‘‘(bb) in the case of the hir10 ing of an individual, the later of 

11 3 years after the date the 

12 verification is completed or one 

13 year after the date the individ14 ual’s employment is terminated; 

15 and 

16 ‘‘(II) during the verification pe17 riod (as defined in subparagraph (E)), 

18 make an inquiry, as provided in sub19 section (d), using the verification sys20 tem to seek verification of the identity 

21 and employment eligibility of an indi22 vidual. 

23 ‘‘(ii) CONFIRMATION.— 

24 ‘‘(I) CONFIRMATION RE25 CEIVED.—If the person or other entity 


pbinns on DSKJLVW7X2PROD with $$_JOB
156 

•S 2824 IS

1 receives an appropriate confirmation 

2 of an individual’s identity and work 

3 eligibility under the verification sys4 tem within the time period specified, 

5 the person or entity shall record on 

6 the form an appropriate code that is 

7 provided under the system and that 

8 indicates a final confirmation of such 

9 identity and work eligibility of the in10 dividual. 

11 ‘‘(II) TENTATIVE NONCONFIRMA12 TION RECEIVED.—If the person or 

13 other entity receives a tentative non14 confirmation of an individual’s iden15 tity or work eligibility under the 

16 verification system within the time pe17 riod specified, the person or entity 

18 shall so inform the individual for 

19 whom the verification is sought. If the 

20 individual does not contest the non21 confirmation within the time period 

22 specified, the nonconfirmation shall be 

23 considered final. The person or entity 

24 shall then record on the form an ap25 propriate code which has been proVerDate Sep 11 2014 21:39 Sep 16, 2023 Jkt 039200 PO 00000 Frm 00156 Fmt 6652 Sfmt 6201 E:\BILLS\S2824.IS S2824

pbinns on DSKJLVW7X2PROD with $$_JOB
157 

•S 2824 IS

1 vided under the system to indicate a 

2 final nonconfirmation. If the indi3 vidual does contest the nonconfirma4 tion, the individual shall utilize the 

5 process for secondary verification pro6 vided under subsection (d). The non7 confirmation will remain tentative 

8 until a final confirmation or noncon9 firmation is provided by the 

10 verification system within the time pe11 riod specified. In no case shall an em12 ployer terminate employment of an in13 dividual because of a failure of the in14 dividual to have identity and work eli15 gibility confirmed under this section 

16 until a nonconfirmation becomes final. 

17 Nothing in this clause shall apply to a 

18 termination of employment for any 

19 reason other than because of such a 

20 failure. In no case shall an employer 

21 rescind the offer of employment to an 

22 individual because of a failure of the 

23 individual to have identity and work 

24 eligibility confirmed under this sub25 section until a nonconfirmation beVerDate Sep 11 2014 21:39 Sep 16, 2023 Jkt 039200 PO 00000 Frm 00157 Fmt 6652 Sfmt 6201 E:\BILLS\S2824.IS S2824

pbinns on DSKJLVW7X2PROD with $$_JOB
158 

•S 2824 IS

1 comes final. Nothing in this subclause 

2 shall apply to a rescission of the offer 

3 of employment for any reason other 

4 than because of such a failure. 

5 ‘‘(III) FINAL CONFIRMATION OR

6 NONCONFIRMATION RECEIVED.—If a 

7 final confirmation or nonconfirmation 

8 is provided by the verification system 

9 regarding an individual, the person or 

10 entity shall record on the form an ap11 propriate code that is provided under 

12 the system and that indicates a con13 firmation or nonconfirmation of iden14 tity and work eligibility of the indi15 vidual. 

16 ‘‘(IV) EXTENSION OF TIME.—If 

17 the person or other entity in good 

18 faith attempts to make an inquiry 

19 during the time period specified and 

20 the verification system has registered 

21 that not all inquiries were received 

22 during such time, the person or entity 

23 may make an inquiry in the first sub24 sequent working day in which the 

25 verification system registers that it 


pbinns on DSKJLVW7X2PROD with $$_JOB
159 

•S 2824 IS

1 has received all inquiries. If the 

2 verification system cannot receive in3 quiries at all times during a day, the 

4 person or entity merely has to assert 

5 that the entity attempted to make the 

6 inquiry on that day for the previous 

7 sentence to apply to such an inquiry, 

8 and does not have to provide any ad9 ditional proof concerning such inquiry. 

10 ‘‘(V) CONSEQUENCES OF NON11 CONFIRMATION.— 

12 ‘‘(aa) TERMINATION OR NO13 TIFICATION OF CONTINUED EM14 PLOYMENT.—If the person or 

15 other entity has received a final 

16 nonconfirmation regarding an in17 dividual, the person or entity 

18 may terminate employment of the 

19 individual (or decline to recruit 

20 or refer the individual). If the 

21 person or entity does not termi22 nate employment of the indi23 vidual or proceeds to recruit or 

24 refer the individual, the person or 

25 entity shall notify the Secretary 


pbinns on DSKJLVW7X2PROD with $$_JOB
160 

•S 2824 IS

1 of Homeland Security of such 

2 fact through the verification sys3 tem or in such other manner as 

4 the Secretary may specify. 

5 ‘‘(bb) FAILURE TO NO6 TIFY.—If the person or entity 

7 fails to provide notice with re8 spect to an individual as required 

9 under item (aa), the failure is 

10 deemed to constitute a violation 

11 of subsection (a)(1)(A) with re12 spect to that individual. 

13 ‘‘(VI) CONTINUED EMPLOYMENT

14 AFTER FINAL NONCONFIRMATION.—If 

15 the person or other entity continues to 

16 employ (or to recruit or refer) an indi17 vidual after receiving final noncon18 firmation, a rebuttable presumption is 

19 created that the person or entity has 

20 violated subsection (a)(1)(A). 

21 ‘‘(D) EFFECTIVE DATES OF NEW PROCE22 DURES.— 

23 ‘‘(i) HIRING.—Except as provided in 

24 clause (iii), the provisions of this para25 graph shall apply to a person or other entiVerDate Sep 11 2014 21:39 Sep 16, 2023 Jkt 039200 PO 00000 Frm 00160 Fmt 6652 Sfmt 6201 E:\BILLS\S2824.IS S2824

pbinns on DSKJLVW7X2PROD with $$_JOB
161 

•S 2824 IS

1 ty hiring an individual for employment in 

2 the United States as follows: 

3 ‘‘(I) With respect to employers 

4 having 10,000 or more employees in 

5 the United States on the date of the 

6 enactment of title VIII of division B 

7 of the Secure the Border Act of 2023, 

8 on the date that is 6 months after the 

9 date of the enactment of title. 

10 ‘‘(II) With respect to employers 

11 having 500 or more employees in the 

12 United States, but less than 10,000 

13 employees in the United States, on 

14 the date of the enactment of title VIII 

15 of division B of the Secure the Border 

16 Act of 2023, on the date that is 12 

17 months after the date of the enact18 ment of such title. 

19 ‘‘(III) With respect to employers 

20 having 20 or more employees in the 

21 United States, but less than 500 em22 ployees in the United States, on the 

23 date of the enactment of title VIII of 

24 division B of the Secure the Border 

25 Act of 2023, on the date that is 18 


pbinns on DSKJLVW7X2PROD with $$_JOB
162 

•S 2824 IS

1 months after the date of the enact2 ment of such title. 

3 ‘‘(IV) With respect to employers 

4 having one or more employees in the 

5 United States, but less than 20 em6 ployees in the United States, on the 

7 date of the enactment of title VIII of 

8 division B of the Secure the Border 

9 Act of 2023, on the date that is 24 

10 months after the date of the enact11 ment of such title. 

12 ‘‘(ii) RECRUITING AND REFERRING.— 

13 Except as provided in clause (iii), the pro14 visions of this paragraph shall apply to a 

15 person or other entity recruiting or refer16 ring an individual for employment in the 

17 United States on the date that is 12 

18 months after the date of the enactment of 

19 title VIII of division B of the Secure the 

20 Border Act of 2023. 

21 ‘‘(iii) AGRICULTURAL LABOR OR SERV22 ICES.—With respect to an employee per23 forming agricultural labor or services, this 

24 paragraph shall not apply with respect to 

25 the verification of the employee until the 


pbinns on DSKJLVW7X2PROD with $$_JOB
163 

•S 2824 IS

1 date that is 36 months after the date of 

2 the enactment of title VIII of division B of 

3 the Secure the Border Act of 2023. For 

4 purposes of the preceding sentence, the 

5 term ‘agricultural labor or services’ has the 

6 meaning given such term by the Secretary 

7 of Agriculture in regulations and includes 

8 agricultural labor as defined in section 

9 3121(g) of the Internal Revenue Code of 

10 1986, agriculture as defined in section 3(f) 

11 of the Fair Labor Standards Act of 1938 

12 (29 U.S.C. 203(f)), the handling, planting, 

13 drying, packing, packaging, processing, 

14 freezing, or grading prior to delivery for 

15 storage of any agricultural or horticultural 

16 commodity in its unmanufactured state, all 

17 activities required for the preparation, 

18 processing or manufacturing of a product 

19 of agriculture (as such term is defined in 

20 such section 3(f)) for further distribution, 

21 and activities similar to all the foregoing 

22 as they relate to fish or shellfish facilities. 

23 An employee described in this clause shall 

24 not be counted for purposes of clause (i). 

25 ‘‘(iv) EXTENSIONS.— 


pbinns on DSKJLVW7X2PROD with $$_JOB
164 

•S 2824 IS

1 ‘‘(I) ON REQUEST.—Upon re2 quest by an employer having 50 or 

3 fewer employees, the Secretary shall 

4 allow a one-time 6-month extension of 

5 the effective date set out in this sub6 paragraph applicable to such em7 ployer. Such request shall be made to 

8 the Secretary and shall be made prior 

9 to such effective date. 

10 ‘‘(II) FOLLOWING REPORT.—If 

11 the study under section 814 of title 

12 VIII of division B of the Secure the 

13 Border Act of 2023 has been sub14 mitted in accordance with such sec15 tion, the Secretary of Homeland Secu16 rity may extend the effective date set 

17 out in clause (iii) on a one-time basis 

18 for 12 months. 

19 ‘‘(v) TRANSITION RULE.—Subject to 

20 paragraph (4), the following shall apply to 

21 a person or other entity hiring, recruiting, 

22 or referring an individual for employment 

23 in the United States until the effective 

24 date or dates applicable under clauses (i) 

25 through (iii): 


pbinns on DSKJLVW7X2PROD with $$_JOB
165 

•S 2824 IS

1 ‘‘(I) This subsection, as in effect 

2 before the enactment of title VIII of 

3 division B of the Secure the Border 

4 Act of 2023. 

5 ‘‘(II) Subtitle A of title IV of the 

6 Illegal Immigration Reform and Im7 migrant Responsibility Act of 1996 (8 

8 U.S.C. 1324a note), as in effect be9 fore the effective date in section 

10 807(c) of title VIII of division B of 

11 the Secure the Border Act of 2023. 

12 ‘‘(III) Any other provision of 

13 Federal law requiring the person or 

14 entity to participate in the E-Verify 

15 Program described in section 403(a) 

16 of the Illegal Immigration Reform and 

17 Immigrant Responsibility Act of 1996 

18 (8 U.S.C. 1324a note), as in effect be19 fore the effective date in section 

20 807(c) of title VIII of division B of 

21 the Secure the Border Act of 2023, 

22 including Executive Order 13465 (8 

23 U.S.C. 1324a note; relating to Gov24 ernment procurement). 

25 ‘‘(E) VERIFICATION PERIOD DEFINED.— 


pbinns on DSKJLVW7X2PROD with $$_JOB
166 

•S 2824 IS

1 ‘‘(i) IN GENERAL.—For purposes of 

2 this paragraph: 

3 ‘‘(I) In the case of recruitment or 

4 referral, the term ‘verification period’ 

5 means the period ending on the date 

6 recruiting or referring commences. 

7 ‘‘(II) In the case of hiring, the 

8 term ‘verification period’ means the 

9 period beginning on the date on which 

10 an offer of employment is extended 

11 and ending on the date that is three 

12 business days after the date of hire, 

13 except as provided in clause (iii). The 

14 offer of employment may be condi15 tioned in accordance with clause (ii). 

16 ‘‘(ii) JOB OFFER MAY BE CONDI17 TIONAL.—A person or other entity may 

18 offer a prospective employee an employ19 ment position that is conditioned on final 

20 verification of the identity and employment 

21 eligibility of the employee using the proce22 dures established under this paragraph. 

23 ‘‘(iii) SPECIAL RULE.—Notwith24 standing clause (i)(II), in the case of an 

25 alien who is authorized for employment 


pbinns on DSKJLVW7X2PROD with $$_JOB
167 

•S 2824 IS

1 and who provides evidence from the Social 

2 Security Administration that the alien has 

3 applied for a social security account num4 ber, the verification period ends three busi5 ness days after the alien receives the social 

6 security account number. 

7 ‘‘(2) REVERIFICATION FOR INDIVIDUALS WITH

8 LIMITED WORK AUTHORIZATION.— 

9 ‘‘(A) IN GENERAL.—Except as provided in 

10 subparagraph (B), a person or entity shall 

11 make an inquiry, as provided in subsection (d), 

12 using the verification system to seek 

13 reverification of the identity and employment 

14 eligibility of all individuals with a limited period 

15 of work authorization employed by the person 

16 or entity during the three business days after 

17 the date on which the employee’s work author18 ization expires as follows: 

19 ‘‘(i) With respect to employers having 

20 10,000 or more employees in the United 

21 States on the date of the enactment of title 

22 VIII of division B of the Secure the Border 

23 Act of 2023, beginning on the date that is 

24 6 months after the date of the enactment 

25 of such title. 


pbinns on DSKJLVW7X2PROD with $$_JOB
168 

•S 2824 IS

1 ‘‘(ii) With respect to employers having 

2 500 or more employees in the United 

3 States, but less than 10,000 employees in 

4 the United States, on the date of the en5 actment of title VIII of division B of the 

6 Secure the Border Act of 2023, beginning 

7 on the date that is 12 months after the 

8 date of the enactment of such title. 

9 ‘‘(iii) With respect to employers hav10 ing 20 or more employees in the United 

11 States, but less than 500 employees in the 

12 United States, on the date of the enact13 ment of title VIII of division B of the Se14 cure the Border Act of 2023, beginning on 

15 the date that is 18 months after the date 

16 of the enactment of such title. 

17 ‘‘(iv) With respect to employers hav18 ing one or more employees in the United 

19 States, but less than 20 employees in the 

20 United States, on the date of the enact21 ment of title VIII of division B of the Se22 cure the Border Act of 2023, beginning on 

23 the date that is 24 months after the date 

24 of the enactment of such title. 


pbinns on DSKJLVW7X2PROD with $$_JOB
169 

•S 2824 IS

1 ‘‘(B) AGRICULTURAL LABOR OR SERV2 ICES.—With respect to an employee performing 

3 agricultural labor or services, or an employee 

4 recruited or referred by a farm labor contractor 

5 (as defined in section 3 of the Migrant and Sea6 sonal Agricultural Worker Protection Act (29 

7 U.S.C. 1801)), subparagraph (A) shall not 

8 apply with respect to the reverification of the 

9 employee until the date that is 36 months after 

10 the date of the enactment of title VIII of divi11 sion B of the Secure the Border Act of 2023. 

12 For purposes of the preceding sentence, the 

13 term ‘agricultural labor or services’ has the 

14 meaning given such term by the Secretary of 

15 Agriculture in regulations and includes agricul16 tural labor as defined in section 3121(g) of the 

17 Internal Revenue Code of 1986, agriculture as 

18 defined in section 3(f) of the Fair Labor Stand19 ards Act of 1938 (29 U.S.C. 203(f)), the han20 dling, planting, drying, packing, packaging, 

21 processing, freezing, or grading prior to delivery 

22 for storage of any agricultural or horticultural 

23 commodity in its unmanufactured state, all ac24 tivities required for the preparation, processing, 

25 or manufacturing of a product of agriculture 


pbinns on DSKJLVW7X2PROD with $$_JOB
170 

•S 2824 IS

1 (as such term is defined in such section 3(f)) 

2 for further distribution, and activities similar to 

3 all the foregoing as they relate to fish or shell4 fish facilities. An employee described in this 

5 subparagraph shall not be counted for purposes 

6 of subparagraph (A). 

7 ‘‘(C) REVERIFICATION.—Paragraph 

8 (1)(C)(ii) shall apply to reverifications pursuant 

9 to this paragraph on the same basis as it ap10 plies to verifications pursuant to paragraph (1), 

11 except that employers shall— 

12 ‘‘(i) use a form designated or estab13 lished by the Secretary by regulation for 

14 purposes of this paragraph; and 

15 ‘‘(ii) retain a paper or electronic 

16 version of the form and make it available 

17 for inspection by officers of the Depart18 ment of Homeland Security, the Depart19 ment of Justice, or the Department of 

20 Labor during the period beginning on the 

21 date the reverification commences and end22 ing on the date that is the later of 3 years 

23 after the date of such reverification or 1 

24 year after the date the individual’s employ25 ment is terminated. 


pbinns on DSKJLVW7X2PROD with $$_JOB
171 

•S 2824 IS

1 ‘‘(3) PREVIOUSLY HIRED INDIVIDUALS.— 

2 ‘‘(A) ON A MANDATORY BASIS FOR CER3 TAIN EMPLOYEES.— 

4 ‘‘(i) IN GENERAL.—Not later than the 

5 date that is 6 months after the date of the 

6 enactment of title VIII of division B of the 

7 Secure the Border Act of 2023, an em8 ployer shall make an inquiry, as provided 

9 in subsection (d), using the verification 

10 system to seek verification of the identity 

11 and employment eligibility of any indi12 vidual described in clause (ii) employed by 

13 the employer whose employment eligibility 

14 has not been verified under the E-Verify 

15 Program described in section 403(a) of the 

16 Illegal Immigration Reform and Immigrant 

17 Responsibility Act of 1996 (8 U.S.C. 

18 1324a note). 

19 ‘‘(ii) INDIVIDUALS DESCRIBED.—An 

20 individual described in this clause is any of 

21 the following: 

22 ‘‘(I) An employee of any unit of 

23 a Federal, State, or local government. 

24 ‘‘(II) An employee who requires a 

25 Federal security clearance working in 


pbinns on DSKJLVW7X2PROD with $$_JOB
172 

•S 2824 IS

1 a Federal, State, or local government 

2 building, a military base, a nuclear 

3 energy site, a weapons site, or an air4 port or other facility that requires 

5 workers to carry a Transportation 

6 Worker Identification Credential 

7 (TWIC). 

8 ‘‘(III) An employee assigned to 

9 perform work in the United States 

10 under a Federal contract, except that 

11 this subclause— 

12 ‘‘(aa) is not applicable to in13 dividuals who have a clearance 

14 under Homeland Security Presi15 dential Directive 12 (HSPD 12 

16 clearance), are administrative or 

17 overhead personnel, or are work18 ing solely on contracts that pro19 vide Commercial Off The Shelf 

20 goods or services as set forth by 

21 the Federal Acquisition Regu22 latory Council, unless they are 

23 subject to verification under sub24 clause (II); and 


pbinns on DSKJLVW7X2PROD with $$_JOB
173 

•S 2824 IS

1 ‘‘(bb) only applies to con2 tracts over the simple acquisition 

3 threshold as defined in section 

4 2.101 of title 48, Code of Federal 

5 Regulations. 

6 ‘‘(B) ON A MANDATORY BASIS FOR MUL7 TIPLE USERS OF SAME SOCIAL SECURITY AC8 COUNT NUMBER.—In the case of an employer 

9 who is required by this subsection to use the 

10 verification system described in subsection (d), 

11 or has elected voluntarily to use such system, 

12 the employer shall make inquiries to the system 

13 in accordance with the following: 

14 ‘‘(i) The Commissioner of Social Secu15 rity shall notify annually employees (at the 

16 employee address listed on the Wage and 

17 Tax Statement) who submit a social secu18 rity account number to which more than 

19 one employer reports income and for which 

20 there is a pattern of unusual multiple use. 

21 The notification letter shall identify the 

22 number of employers to which income is 

23 being reported as well as sufficient infor24 mation notifying the employee of the proc25 ess to contact the Social Security AdminisVerDate Sep 11 2014 21:39 Sep 16, 2023 Jkt 039200 PO 00000 Frm 00173 Fmt 6652 Sfmt 6201 E:\BILLS\S2824.IS S2824

pbinns on DSKJLVW7X2PROD with $$_JOB
174 

•S 2824 IS

1 tration Fraud Hotline if the employee be2 lieves the employee’s identity may have 

3 been stolen. The notice shall not share in4 formation protected as private, in order to 

5 avoid any recipient of the notice from 

6 being in the position to further commit or 

7 begin committing identity theft. 

8 ‘‘(ii) If the person to whom the social 

9 security account number was issued by the 

10 Social Security Administration has been 

11 identified and confirmed by the Commis12 sioner, and indicates that the social secu13 rity account number was used without 

14 their knowledge, the Secretary and the 

15 Commissioner shall lock the social security 

16 account number for employment eligibility 

17 verification purposes and shall notify the 

18 employers of the individuals who wrong19 fully submitted the social security account 

20 number that the employee may not be 

21 work eligible. 

22 ‘‘(iii) Each employer receiving such 

23 notification of an incorrect social security 

24 account number under clause (ii) shall use 

25 the verification system described in subVerDate Sep 11 2014 21:39 Sep 16, 2023 Jkt 039200 PO 00000 Frm 00174 Fmt 6652 Sfmt 6201 E:\BILLS\S2824.IS S2824

pbinns on DSKJLVW7X2PROD with $$_JOB
175 

•S 2824 IS

1 section (d) to check the work eligibility sta2 tus of the applicable employee within 10 

3 business days of receipt of the notification. 

4 ‘‘(C) ON A VOLUNTARY BASIS.—Subject to 

5 paragraph (2), and subparagraphs (A) through 

6 (C) of this paragraph, beginning on the date 

7 that is 30 days after the date of the enactment 

8 of title VIII of division B of the Secure the 

9 Border Act of 2023, an employer may make an 

10 inquiry, as provided in subsection (d), using the 

11 verification system to seek verification of the 

12 identity and employment eligibility of any indi13 vidual employed by the employer. If an em14 ployer chooses voluntarily to seek verification of 

15 any individual employed by the employer, the 

16 employer shall seek verification of all individ17 uals employed at the same geographic location 

18 or, at the option of the employer, all individuals 

19 employed within the same job category, as the 

20 employee with respect to whom the employer 

21 seeks voluntarily to use the verification system. 

22 An employer’s decision about whether or not 

23 voluntarily to seek verification of its current 

24 workforce under this subparagraph may not be 

25 considered by any government agency in any 


pbinns on DSKJLVW7X2PROD with $$_JOB
176 

•S 2824 IS

1 proceeding, investigation, or review provided for 

2 in this Act. 

3 ‘‘(D) VERIFICATION.—Paragraph 

4 (1)(C)(ii) shall apply to verifications pursuant 

5 to this paragraph on the same basis as it ap6 plies to verifications pursuant to paragraph (1), 

7 except that employers shall— 

8 ‘‘(i) use a form designated or estab9 lished by the Secretary by regulation for 

10 purposes of this paragraph; and 

11 ‘‘(ii) retain a paper or electronic 

12 version of the form and make it available 

13 for inspection by officers of the Depart14 ment of Homeland Security, the Depart15 ment of Justice, or the Department of 

16 Labor during the period beginning on the 

17 date the verification commences and end18 ing on the date that is the later of 3 years 

19 after the date of such verification or 1 year 

20 after the date the individual’s employment 

21 is terminated. 

22 ‘‘(4) EARLY COMPLIANCE.— 

23 ‘‘(A) FORMER E-VERIFY REQUIRED USERS, 

24 INCLUDING FEDERAL CONTRACTORS.—Notwith25 standing the deadlines in paragraphs (1) and 


pbinns on DSKJLVW7X2PROD with $$_JOB
177 

•S 2824 IS

1 (2), beginning on the date of the enactment of 

2 title VIII of division B of the Secure the Border 

3 Act of 2023, the Secretary is authorized to 

4 commence requiring employers required to par5 ticipate in the E-Verify Program described in 

6 section 403(a) of the Illegal Immigration Re7 form and Immigrant Responsibility Act of 1996 

8 (8 U.S.C. 1324a note), including employers re9 quired to participate in such program by reason 

10 of Federal acquisition laws (and regulations 

11 promulgated under those laws, including the 

12 Federal Acquisition Regulation), to commence 

13 compliance with the requirements of this sub14 section (and any additional requirements of 

15 such Federal acquisition laws and regulation) in 

16 lieu of any requirement to participate in the E17 Verify Program. 

18 ‘‘(B) FORMER E-VERIFY VOLUNTARY

19 USERS AND OTHERS DESIRING EARLY COMPLI20 ANCE.—Notwithstanding the deadlines in para21 graphs (1) and (2), beginning on the date of 

22 the enactment of title VIII of division B of the 

23 Secure the Border Act of 2023, the Secretary 

24 shall provide for the voluntary compliance with 

25 the requirements of this subsection by employVerDate Sep 11 2014 21:39 Sep 16, 2023 Jkt 039200 PO 00000 Frm 00177 Fmt 6652 Sfmt 6201 E:\BILLS\S2824.IS S2824

pbinns on DSKJLVW7X2PROD with $$_JOB
178 

•S 2824 IS

1 ers voluntarily electing to participate in the E2 Verify Program described in section 403(a) of 

3 the Illegal Immigration Reform and Immigrant 

4 Responsibility Act of 1996 (8 U.S.C. 1324a 

5 note) before such date, as well as by other em6 ployers seeking voluntary early compliance. 

7 ‘‘(5) COPYING OF DOCUMENTATION PER8 MITTED.—Notwithstanding any other provision of 

9 law, the person or entity may copy a document pre10 sented by an individual pursuant to this subsection 

11 and may retain the copy, but only (except as other12 wise permitted under law) for the purpose of com13 plying with the requirements of this subsection. 

14 ‘‘(6) LIMITATION ON USE OF FORMS.—A form 

15 designated or established by the Secretary of Home16 land Security under this subsection and any infor17 mation contained in or appended to such form, may 

18 not be used for purposes other than for enforcement 

19 of this Act and any other provision of Federal crimi20 nal law. 

21 ‘‘(7) GOOD FAITH COMPLIANCE.— 

22 ‘‘(A) IN GENERAL.—Except as otherwise 

23 provided in this subsection, a person or entity 

24 is considered to have complied with a require25 ment of this subsection notwithstanding a techVerDate Sep 11 2014 21:39 Sep 16, 2023 Jkt 039200 PO 00000 Frm 00178 Fmt 6652 Sfmt 6201 E:\BILLS\S2824.IS S2824

pbinns on DSKJLVW7X2PROD with $$_JOB
179 

•S 2824 IS

1 nical or procedural failure to meet such require2 ment if there was a good faith attempt to com3 ply with the requirement. 

4 ‘‘(B) EXCEPTION IF FAILURE TO CORRECT

5 AFTER NOTICE.—Subparagraph (A) shall not 

6 apply if— 

7 ‘‘(i) the failure is not de minimus; 

8 ‘‘(ii) the Secretary of Homeland Secu9 rity has explained to the person or entity 

10 the basis for the failure and why it is not 

11 de minimus; 

12 ‘‘(iii) the person or entity has been 

13 provided a period of not less than 30 cal14 endar days (beginning after the date of the 

15 explanation) within which to correct the 

16 failure; and 

17 ‘‘(iv) the person or entity has not cor18 rected the failure voluntarily within such 

19 period. 

20 ‘‘(C) EXCEPTION FOR PATTERN OR PRAC21 TICE VIOLATORS.—Subparagraph (A) shall not 

22 apply to a person or entity that has engaged or 

23 is engaging in a pattern or practice of violations 

24 of subsection (a)(1)(A) or (a)(2). 


pbinns on DSKJLVW7X2PROD with $$_JOB
180 

•S 2824 IS

1 ‘‘(8) SINGLE EXTENSION OF DEADLINES UPON

2 CERTIFICATION.—In a case in which the Secretary 

3 of Homeland Security has certified to the Congress 

4 that the employment eligibility verification system 

5 required under subsection (d) will not be fully oper6 ational by the date that is 6 months after the date 

7 of the enactment of title VIII of division B of the 

8 Secure the Border Act of 2023, each deadline estab9 lished under this section for an employer to make an 

10 inquiry using such system shall be extended by 6 

11 months. No other extension of such a deadline shall 

12 be made except as authorized under paragraph 

13 (1)(D)(iv).’’. 

14 (b) DATE OF HIRE.—Section 274A(h) of the Immi15 gration and Nationality Act (8 U.S.C. 1324a(h)) is 

16 amended by adding at the end the following: 

17 ‘‘(4) DEFINITION OF DATE OF HIRE.—As used 

18 in this section, the term ‘date of hire’ means the 

19 date of actual commencement of employment for 

20 wages or other remuneration, unless otherwise speci21 fied.’’. 

22 SEC. 802. EMPLOYMENT ELIGIBILITY VERIFICATION SYS23 TEM. 

24 Section 274A(d) of the Immigration and Nationality 

25 Act (8 U.S.C. 1324a(d)) is amended to read as follows: 


pbinns on DSKJLVW7X2PROD with $$_JOB
181 

•S 2824 IS

1 ‘‘(d) EMPLOYMENT ELIGIBILITY VERIFICATION SYS2 TEM.— 

3 ‘‘(1) IN GENERAL.—Patterned on the employ4 ment eligibility confirmation system established 

5 under section 404 of the Illegal Immigration Reform 

6 and Immigrant Responsibility Act of 1996 (8 U.S.C. 

7 1324a note), the Secretary of Homeland Security 

8 shall establish and administer a verification system 

9 through which the Secretary (or a designee of the 

10 Secretary, which may be a nongovernmental enti11 ty)— 

12 ‘‘(A) responds to inquiries made by per13 sons at any time through a toll-free electronic 

14 media concerning an individual’s identity and 

15 whether the individual is authorized to be em16 ployed; and 

17 ‘‘(B) maintains records of the inquiries 

18 that were made, of verifications provided (or 

19 not provided), and of the codes provided to in20 quirers as evidence of their compliance with 

21 their obligations under this section. 

22 ‘‘(2) INITIAL RESPONSE.—The verification sys23 tem shall provide confirmation or a tentative non24 confirmation of an individual’s identity and employ25 ment eligibility within 3 working days of the initial 


pbinns on DSKJLVW7X2PROD with $$_JOB
182 

•S 2824 IS

1 inquiry. If providing confirmation or tentative non2 confirmation, the verification system shall provide an 

3 appropriate code indicating such confirmation or 

4 such nonconfirmation. 

5 ‘‘(3) SECONDARY CONFIRMATION PROCESS IN

6 CASE OF TENTATIVE NONCONFIRMATION.—In cases 

7 of tentative nonconfirmation, the Secretary shall 

8 specify, in consultation with the Commissioner of 

9 Social Security, an available secondary verification 

10 process to confirm the validity of information pro11 vided and to provide a final confirmation or noncon12 firmation not later than 10 working days after the 

13 date on which the notice of the tentative noncon14 firmation is received by the employee. The Secretary, 

15 in consultation with the Commissioner, may extend 

16 this deadline once on a case-by-case basis for a pe17 riod of 10 working days, and if the time is extended, 

18 shall document such extension within the verification 

19 system. The Secretary, in consultation with the 

20 Commissioner, shall notify the employee and em21 ployer of such extension. The Secretary, in consulta22 tion with the Commissioner, shall create a standard 

23 process of such extension and notification and shall 

24 make a description of such process available to the 

25 public. When final confirmation or nonconfirmation 


pbinns on DSKJLVW7X2PROD with $$_JOB
183 

•S 2824 IS

1 is provided, the verification system shall provide an 

2 appropriate code indicating such confirmation or 

3 nonconfirmation. 

4 ‘‘(4) DESIGN AND OPERATION OF SYSTEM.— 

5 The verification system shall be designed and oper6 ated— 

7 ‘‘(A) to maximize its reliability and ease of 

8 use by persons and other entities consistent 

9 with insulating and protecting the privacy and 

10 security of the underlying information; 

11 ‘‘(B) to respond to all inquiries made by 

12 such persons and entities on whether individ13 uals are authorized to be employed and to reg14 ister all times when such inquiries are not re15 ceived; 

16 ‘‘(C) with appropriate administrative, tech17 nical, and physical safeguards to prevent unau18 thorized disclosure of personal information; 

19 ‘‘(D) to have reasonable safeguards against 

20 the system’s resulting in unlawful discrimina21 tory practices based on national origin or citi22 zenship status, including— 

23 ‘‘(i) the selective or unauthorized use 

24 of the system to verify eligibility; or 


pbinns on DSKJLVW7X2PROD with $$_JOB
184 

•S 2824 IS

1 ‘‘(ii) the exclusion of certain individ2 uals from consideration for employment as 

3 a result of a perceived likelihood that addi4 tional verification will be required, beyond 

5 what is required for most job applicants; 

6 ‘‘(E) to maximize the prevention of iden7 tity theft use in the system; and 

8 ‘‘(F) to limit the subjects of verification to 

9 the following individuals: 

10 ‘‘(i) Individuals hired, referred, or re11 cruited, in accordance with paragraph (1) 

12 or (4) of subsection (b). 

13 ‘‘(ii) Employees and prospective em14 ployees, in accordance with paragraph (1), 

15 (2), (3), or (4) of subsection (b). 

16 ‘‘(iii) Individuals seeking to confirm 

17 their own employment eligibility on a vol18 untary basis. 

19 ‘‘(5) RESPONSIBILITIES OF COMMISSIONER OF

20 SOCIAL SECURITY.—As part of the verification sys21 tem, the Commissioner of Social Security, in con22 sultation with the Secretary of Homeland Security 

23 (and any designee of the Secretary selected to estab24 lish and administer the verification system), shall es25 tablish a reliable, secure method, which, within the 


pbinns on DSKJLVW7X2PROD with $$_JOB
185 

•S 2824 IS

1 time periods specified under paragraphs (2) and (3), 

2 compares the name and social security account num3 ber provided in an inquiry against such information 

4 maintained by the Commissioner in order to validate 

5 (or not validate) the information provided regarding 

6 an individual whose identity and employment eligi7 bility must be confirmed, the correspondence of the 

8 name and number, and whether the individual has 

9 presented a social security account number that is 

10 not valid for employment. The Commissioner shall 

11 not disclose or release social security information 

12 (other than such confirmation or nonconfirmation) 

13 under the verification system except as provided for 

14 in this section or section 205(c)(2)(I) of the Social 

15 Security Act. 

16 ‘‘(6) RESPONSIBILITIES OF SECRETARY OF

17 HOMELAND SECURITY.—As part of the verification 

18 system, the Secretary of Homeland Security (in con19 sultation with any designee of the Secretary selected 

20 to establish and administer the verification system), 

21 shall establish a reliable, secure method, which, with22 in the time periods specified under paragraphs (2) 

23 and (3), compares the name and alien identification 

24 or authorization number (or any other information 

25 as determined relevant by the Secretary) which are 


pbinns on DSKJLVW7X2PROD with $$_JOB
186 

•S 2824 IS

1 provided in an inquiry against such information 

2 maintained or accessed by the Secretary in order to 

3 validate (or not validate) the information provided, 

4 the correspondence of the name and number, wheth5 er the alien is authorized to be employed in the 

6 United States, or to the extent that the Secretary 

7 determines to be feasible and appropriate, whether 

8 the records available to the Secretary verify the 

9 identity or status of a national of the United States. 

10 ‘‘(7) UPDATING INFORMATION.—The Commis11 sioner of Social Security and the Secretary of Home12 land Security shall update their information in a 

13 manner that promotes the maximum accuracy and 

14 shall provide a process for the prompt correction of 

15 erroneous information, including instances in which 

16 it is brought to their attention in the secondary 

17 verification process described in paragraph (3). 

18 ‘‘(8) LIMITATION ON USE OF THE

19 VERIFICATION SYSTEM AND ANY RELATED SYS20 TEMS.— 

21 ‘‘(A) NO NATIONAL IDENTIFICATION

22 CARD.—Nothing in this section shall be con23 strued to authorize, directly or indirectly, the 

24 issuance or use of national identification cards 


pbinns on DSKJLVW7X2PROD with $$_JOB
187 

•S 2824 IS

1 or the establishment of a national identification 

2 card. 

3 ‘‘(B) CRITICAL INFRASTRUCTURE.—The 

4 Secretary may authorize or direct any person or 

5 entity responsible for granting access to, pro6 tecting, securing, operating, administering, or 

7 regulating part of the critical infrastructure (as 

8 defined in section 1016(e) of the Critical Infra9 structure Protection Act of 2001 (42 U.S.C. 

10 5195c(e))) to use the verification system to the 

11 extent the Secretary determines that such use 

12 will assist in the protection of the critical infra13 structure. 

14 ‘‘(9) REMEDIES.—If an individual alleges that 

15 the individual would not have been dismissed from 

16 a job or would have been hired for a job but for an 

17 error of the verification mechanism, the individual 

18 may seek compensation only through the mechanism 

19 of the Federal Tort Claims Act, and injunctive relief 

20 to correct such error. No class action may be 

21 brought under this paragraph.’’. 

22 SEC. 803. RECRUITMENT, REFERRAL, AND CONTINUATION 

23 OF EMPLOYMENT. 

24 (a) ADDITIONAL CHANGES TO RULES FOR RECRUIT25 MENT, REFERRAL, AND CONTINUATION OF EMPLOYVerDate Sep 11 2014 21:39 Sep 16, 2023 Jkt 039200 PO 00000 Frm 00187 Fmt 6652 Sfmt 6201 E:\BILLS\S2824.IS S2824

pbinns on DSKJLVW7X2PROD with $$_JOB
188 

•S 2824 IS

1 MENT.—Section 274A(a) of the Immigration and Nation2 ality Act (8 U.S.C. 1324a(a)) is amended— 

3 (1) in paragraph (1)(A), by striking ‘‘for a fee’’; 

4 (2) in paragraph (1), by amending subpara5 graph (B) to read as follows: 

6 ‘‘(B) to hire, continue to employ, or to re7 cruit or refer for employment in the United 

8 States an individual without complying with the 

9 requirements of subsection (b).’’; and 

10 (3) in paragraph (2), by striking ‘‘after hiring 

11 an alien for employment in accordance with para12 graph (1),’’ and inserting ‘‘after complying with 

13 paragraph (1),’’. 

14 (b) DEFINITION.—Section 274A(h) of the Immigra15 tion and Nationality Act (8 U.S.C. 1324a(h)), as amended 

16 by section 801(b) of this title, is further amended by add17 ing at the end the following: 

18 ‘‘(5) DEFINITION OF RECRUIT OR REFER.—As 

19 used in this section, the term ‘refer’ means the act 

20 of sending or directing a person who is in the United 

21 States or transmitting documentation or information 

22 to another, directly or indirectly, with the intent of 

23 obtaining employment in the United States for such 

24 person. Only persons or entities referring for remu25 neration (whether on a retainer or contingency 


pbinns on DSKJLVW7X2PROD with $$_JOB
189 

•S 2824 IS

1 basis) are included in the definition, except that 

2 union hiring halls that refer union members or non3 union individuals who pay union membership dues 

4 are included in the definition whether or not they re5 ceive remuneration, as are labor service entities or 

6 labor service agencies, whether public, private, for7 profit, or nonprofit, that refer, dispatch, or other8 wise facilitate the hiring of laborers for any period 

9 of time by a third party. As used in this section, the 

10 term ‘recruit’ means the act of soliciting a person 

11 who is in the United States, directly or indirectly, 

12 and referring the person to another with the intent 

13 of obtaining employment for that person. Only per14 sons or entities referring for remuneration (whether 

15 on a retainer or contingency basis) are included in 

16 the definition, except that union hiring halls that 

17 refer union members or nonunion individuals who 

18 pay union membership dues are included in this defi19 nition whether or not they receive remuneration, as 

20 are labor service entities or labor service agencies, 

21 whether public, private, for-profit, or nonprofit that 

22 recruit, dispatch, or otherwise facilitate the hiring of 

23 laborers for any period of time by a third party.’’. 

24 (c) EFFECTIVE DATE.—The amendments made by 

25 this section shall take effect on the date that is 1 year 


pbinns on DSKJLVW7X2PROD with $$_JOB
190 

•S 2824 IS

1 after the date of the enactment of this Act, except that 

2 the amendments made by subsection (a) shall take effect 

3 6 months after the date of the enactment of this Act inso4 far as such amendments relate to continuation of employ5 ment. 

6 SEC. 804. GOOD FAITH DEFENSE. 

7 Section 274A(a)(3) of the Immigration and Nation8 ality Act (8 U.S.C. 1324a(a)(3)) is amended to read as 

9 follows: 

10 ‘‘(3) GOOD FAITH DEFENSE.— 

11 ‘‘(A) DEFENSE.—An employer (or person 

12 or entity that hires, employs, recruits, or refers 

13 (as defined in subsection (h)(5)), or is otherwise 

14 obligated to comply with this section) who es15 tablishes that it has complied in good faith with 

16 the requirements of subsection (b)— 

17 ‘‘(i) shall not be liable to a job appli18 cant, an employee, the Federal Govern19 ment, or a State or local government, 

20 under Federal, State, or local criminal or 

21 civil law for any employment-related action 

22 taken with respect to a job applicant or 

23 employee in good-faith reliance on informa24 tion provided through the system estab25 lished under subsection (d); and 


pbinns on DSKJLVW7X2PROD with $$_JOB
191 

•S 2824 IS

1 ‘‘(ii) has established compliance with 

2 its obligations under subparagraphs (A) 

3 and (B) of paragraph (1) and subsection 

4 (b) absent a showing by the Secretary of 

5 Homeland Security, by clear and con6 vincing evidence, that the employer had 

7 knowledge that an employee is an unau8 thorized alien. 

9 ‘‘(B) MITIGATION ELEMENT.—For pur10 poses of subparagraph (A)(i), if an employer 

11 proves by a preponderance of the evidence that 

12 the employer uses a reasonable, secure, and es13 tablished technology to authenticate the identity 

14 of the new employee, that fact shall be taken 

15 into account for purposes of determining good 

16 faith use of the system established under sub17 section (d). 

18 ‘‘(C) FAILURE TO SEEK AND OBTAIN

19 VERIFICATION.—Subject to the effective dates 

20 and other deadlines applicable under subsection 

21 (b), in the case of a person or entity in the 

22 United States that hires, or continues to em23 ploy, an individual, or recruits or refers an indi24 vidual for employment, the following require25 ments apply: 


pbinns on DSKJLVW7X2PROD with $$_JOB
192 

•S 2824 IS

1 ‘‘(i) FAILURE TO SEEK

2 VERIFICATION.— 

3 ‘‘(I) IN GENERAL.—If the person 

4 or entity has not made an inquiry, 

5 under the mechanism established 

6 under subsection (d) and in accord7 ance with the timeframes established 

8 under subsection (b), seeking 

9 verification of the identity and work 

10 eligibility of the individual, the de11 fense under subparagraph (A) shall 

12 not be considered to apply with re13 spect to any employment, except as 

14 provided in subclause (II). 

15 ‘‘(II) SPECIAL RULE FOR FAIL16 URE OF VERIFICATION MECHANISM.— 

17 If such a person or entity in good 

18 faith attempts to make an inquiry in 

19 order to qualify for the defense under 

20 subparagraph (A) and the verification 

21 mechanism has registered that not all 

22 inquiries were responded to during the 

23 relevant time, the person or entity can 

24 make an inquiry until the end of the 

25 first subsequent working day in which 


pbinns on DSKJLVW7X2PROD with $$_JOB
193 

•S 2824 IS

1 the verification mechanism registers 

2 no nonresponses and qualify for such 

3 defense. 

4 ‘‘(ii) FAILURE TO OBTAIN

5 VERIFICATION.—If the person or entity 

6 has made the inquiry described in clause 

7 (i)(I) but has not received an appropriate 

8 verification of such identity and work eligi9 bility under such mechanism within the 

10 time period specified under subsection 

11 (d)(2) after the time the verification in12 quiry was received, the defense under sub13 paragraph (A) shall not be considered to 

14 apply with respect to any employment after 

15 the end of such time period.’’. 

16 SEC. 805. PREEMPTION AND STATES’ RIGHTS. 

17 Section 274A(h)(2) of the Immigration and Nation18 ality Act (8 U.S.C. 1324a(h)(2)) is amended to read as 

19 follows: 

20 ‘‘(2) PREEMPTION.— 

21 ‘‘(A) SINGLE, NATIONAL POLICY.—The 

22 provisions of this section preempt any State or 

23 local law, ordinance, policy, or rule, including 

24 any criminal or civil fine or penalty structure, 

25 insofar as they may now or hereafter relate to 


pbinns on DSKJLVW7X2PROD with $$_JOB
194 

•S 2824 IS

1 the hiring, continued employment, or status 

2 verification for employment eligibility purposes, 

3 of unauthorized aliens. 

4 ‘‘(B) STATE ENFORCEMENT OF FEDERAL

5 LAW.— 

6 ‘‘(i) BUSINESS LICENSING.—A State, 

7 locality, municipality, or political subdivi8 sion may exercise its authority over busi9 ness licensing and similar laws as a pen10 alty for failure to use the verification sys11 tem described in subsection (d) to verify 

12 employment eligibility when and as re13 quired under subsection (b). 

14 ‘‘(ii) GENERAL RULES.—A State, at 

15 its own cost, may enforce the provisions of 

16 this section, but only insofar as such State 

17 follows the Federal regulations imple18 menting this section, applies the Federal 

19 penalty structure set out in this section, 

20 and complies with all Federal rules and 

21 guidance concerning implementation of this 

22 section. Such State may collect any fines 

23 assessed under this section. An employer 

24 may not be subject to enforcement, includ25 ing audit and investigation, by both a FedVerDate Sep 11 2014 21:39 Sep 16, 2023 Jkt 039200 PO 00000 Frm 00194 Fmt 6652 Sfmt 6201 E:\BILLS\S2824.IS S2824

pbinns on DSKJLVW7X2PROD with $$_JOB
195 

•S 2824 IS

1 eral agency and a State for the same viola2 tion under this section. Whichever entity, 

3 the Federal agency or the State, is first to 

4 initiate the enforcement action, has the 

5 right of first refusal to proceed with the 

6 enforcement action. The Secretary must 

7 provide copies of all guidance, training, 

8 and field instructions provided to Federal 

9 officials implementing the provisions of 

10 this section to each State.’’. 

11 SEC. 806. REPEAL. 

12 (a) IN GENERAL.—Subtitle A of title IV of the Illegal 

13 Immigration Reform and Immigrant Responsibility Act of 

14 1996 (8 U.S.C. 1324a note) is repealed. 

15 (b) REFERENCES.—Any reference in any Federal 

16 law, Executive order, rule, regulation, or delegation of au17 thority, or any document of, or pertaining to, the Depart18 ment of Homeland Security, Department of Justice, or the 

19 Social Security Administration, to the employment eligi20 bility confirmation system established under section 404 

21 of the Illegal Immigration Reform and Immigrant Respon22 sibility Act of 1996 (8 U.S.C. 1324a note) is deemed to 

23 refer to the employment eligibility confirmation system es24 tablished under section 274A(d) of the Immigration and 

25 Nationality Act, as amended by section 802 of this title. 


pbinns on DSKJLVW7X2PROD with $$_JOB
196 

•S 2824 IS

1 (c) EFFECTIVE DATE.—This section shall take effect 

2 on the date that is 30 months after the date of the enact3 ment of this Act. 

4 (d) CLERICAL AMENDMENT.—The table of sections, 

5 in section 1(d) of the Illegal Immigration Reform and Im6 migrant Responsibility Act of 1996, is amended by strik7 ing the items relating to subtitle A of title IV. 

8 SEC. 807. PENALTIES. 

9 Section 274A of the Immigration and Nationality Act 

10 (8 U.S.C. 1324a) is amended— 

11 (1) in subsection (e)(1)— 

12 (A) by striking ‘‘Attorney General’’ each 

13 place such term appears and inserting ‘‘Sec14 retary of Homeland Security’’; and 

15 (B) in subparagraph (D), by striking 

16 ‘‘Service’’ and inserting ‘‘Department of Home17 land Security’’; 

18 (2) in subsection (e)(4)— 

19 (A) in subparagraph (A), in the matter be20 fore clause (i), by inserting ‘‘, subject to para21 graph (10),’’ after ‘‘in an amount’’; 

22 (B) in subparagraph (A)(i), by striking 

23 ‘‘not less than $250 and not more than 

24 $2,000’’ and inserting ‘‘not less than $2,500 

25 and not more than $5,000’’; 


pbinns on DSKJLVW7X2PROD with $$_JOB
197 

•S 2824 IS

1 (C) in subparagraph (A)(ii), by striking 

2 ‘‘not less than $2,000 and not more than 

3 $5,000’’ and inserting ‘‘not less than $5,000 

4 and not more than $10,000’’; 

5 (D) in subparagraph (A)(iii), by striking 

6 ‘‘not less than $3,000 and not more than 

7 $10,000’’ and inserting ‘‘not less than $10,000 

8 and not more than $25,000’’; and 

9 (E) by moving the margin of the continu10 ation text following subparagraph (B) two ems 

11 to the left and by amending subparagraph (B) 

12 to read as follows: 

13 ‘‘(B) may require the person or entity to 

14 take such other remedial action as is appro15 priate.’’; 

16 (3) in subsection (e)(5)— 

17 (A) in the paragraph heading, strike ‘‘PA18 PERWORK’’; 

19 (B) by inserting ‘‘, subject to paragraphs 

20 (10) through (12),’’ after ‘‘in an amount’’; 

21 (C) by striking ‘‘$100’’ and inserting 

22 ‘‘$1,000’’; 

23 (D) by striking ‘‘$1,000’’ and inserting 

24 ‘‘$25,000’’; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
198 

•S 2824 IS

1 (E) by adding at the end the following: 

2 ‘‘Failure by a person or entity to utilize the em3 ployment eligibility verification system as re4 quired by law, or providing information to the 

5 system that the person or entity knows or rea6 sonably believes to be false, shall be treated as 

7 a violation of subsection (a)(1)(A).’’; 

8 (4) by adding at the end of subsection (e) the 

9 following: 

10 ‘‘(10) EXEMPTION FROM PENALTY FOR GOOD

11 FAITH VIOLATION.—In the case of imposition of a 

12 civil penalty under paragraph (4)(A) with respect to 

13 a violation of subsection (a)(1)(A) or (a)(2) for hir14 ing or continuation of employment or recruitment or 

15 referral by person or entity and in the case of impo16 sition of a civil penalty under paragraph (5) for a 

17 violation of subsection (a)(1)(B) for hiring or re18 cruitment or referral by a person or entity, the pen19 alty otherwise imposed may be waived or reduced if 

20 the violator establishes that the violator acted in 

21 good faith. 

22 ‘‘(11) MITIGATION ELEMENT.—For purposes of 

23 paragraph (4), the size of the business shall be 

24 taken into account when assessing the level of civil 

25 money penalty. 


pbinns on DSKJLVW7X2PROD with $$_JOB
199 

•S 2824 IS

1 ‘‘(12) AUTHORITY TO DEBAR EMPLOYERS FOR

2 CERTAIN VIOLATIONS.— 

3 ‘‘(A) IN GENERAL.—If a person or entity 

4 is determined by the Secretary of Homeland Se5 curity to be a repeat violator of paragraph 

6 (1)(A) or (2) of subsection (a), or is convicted 

7 of a crime under this section, such person or 

8 entity may be considered for debarment from 

9 the receipt of Federal contracts, grants, or co10 operative agreements in accordance with the de11 barment standards and pursuant to the debar12 ment procedures set forth in the Federal Acqui13 sition Regulation. 

14 ‘‘(B) DOES NOT HAVE CONTRACT, GRANT, 

15 AGREEMENT.—If the Secretary of Homeland 

16 Security or the Attorney General wishes to have 

17 a person or entity considered for debarment in 

18 accordance with this paragraph, and such a 

19 person or entity does not hold a Federal con20 tract, grant, or cooperative agreement, the Sec21 retary or Attorney General shall refer the mat22 ter to the Administrator of General Services to 

23 determine whether to list the person or entity 

24 on the List of Parties Excluded from Federal 


pbinns on DSKJLVW7X2PROD with $$_JOB
200 

•S 2824 IS

1 Procurement, and if so, for what duration and 

2 under what scope. 

3 ‘‘(C) HAS CONTRACT, GRANT, AGREE4 MENT.—If the Secretary of Homeland Security 

5 or the Attorney General wishes to have a per6 son or entity considered for debarment in ac7 cordance with this paragraph, and such person 

8 or entity holds a Federal contract, grant, or co9 operative agreement, the Secretary or Attorney 

10 General shall advise all agencies or departments 

11 holding a contract, grant, or cooperative agree12 ment with the person or entity of the Govern13 ment’s interest in having the person or entity 

14 considered for debarment, and after soliciting 

15 and considering the views of all such agencies 

16 and departments, the Secretary or Attorney 

17 General may refer the matter to any appro18 priate lead agency to determine whether to list 

19 the person or entity on the List of Parties Ex20 cluded from Federal Procurement, and if so, for 

21 what duration and under what scope. 

22 ‘‘(D) REVIEW.—Any decision to debar a 

23 person or entity in accordance with this para24 graph shall be reviewable pursuant to part 9.4 

25 of the Federal Acquisition Regulation. 


pbinns on DSKJLVW7X2PROD with $$_JOB
201 

•S 2824 IS

1 ‘‘(13) OFFICE FOR STATE AND LOCAL GOVERN2 MENT COMPLAINTS.—The Secretary of Homeland 

3 Security shall establish an office— 

4 ‘‘(A) to which State and local government 

5 agencies may submit information indicating po6 tential violations of subsection (a), (b), or 

7 (g)(1) that were generated in the normal course 

8 of law enforcement or the normal course of 

9 other official activities in the State or locality; 

10 ‘‘(B) that is required to indicate to the 

11 complaining State or local agency within five 

12 business days of the filing of such a complaint 

13 by identifying whether the Secretary will fur14 ther investigate the information provided; 

15 ‘‘(C) that is required to investigate those 

16 complaints filed by State or local government 

17 agencies that, on their face, have a substantial 

18 probability of validity; 

19 ‘‘(D) that is required to notify the com20 plaining State or local agency of the results of 

21 any such investigation conducted; and 

22 ‘‘(E) that is required to report to the Con23 gress annually the number of complaints re24 ceived under this paragraph, the States and lo25 calities that filed such complaints, and the resoVerDate Sep 11 2014 21:39 Sep 16, 2023 Jkt 039200 PO 00000 Frm 00201 Fmt 6652 Sfmt 6201 E:\BILLS\S2824.IS S2824

pbinns on DSKJLVW7X2PROD with $$_JOB
202 

•S 2824 IS

1 lution of the complaints investigated by the Sec2 retary.’’; and 

3 (5) by amending paragraph (1) of subsection (f) 

4 to read as follows: 

5 ‘‘(1) CRIMINAL PENALTY.—Any person or enti6 ty which engages in a pattern or practice of viola7 tions of subsection (a) (1) or (2) shall be fined not 

8 more than $5,000 for each unauthorized alien with 

9 respect to which such a violation occurs, imprisoned 

10 for not more than 18 months, or both, notwith11 standing the provisions of any other Federal law re12 lating to fine levels.’’. 

13 SEC. 808. FRAUD AND MISUSE OF DOCUMENTS. 

14 Section 1546(b) of title 18, United States Code, is 

15 amended— 

16 (1) in paragraph (1), by striking ‘‘identification 

17 document,’’ and inserting ‘‘identification document 

18 or document meant to establish work authorization 

19 (including the documents described in section 

20 274A(b) of the Immigration and Nationality Act),’’; 

21 and 

22 (2) in paragraph (2), by striking ‘‘identification 

23 document’’ and inserting ‘‘identification document or 

24 document meant to establish work authorization (inVerDate Sep 11 2014 21:39 Sep 16, 2023 Jkt 039200 PO 00000 Frm 00202 Fmt 6652 Sfmt 6201 E:\BILLS\S2824.IS S2824

pbinns on DSKJLVW7X2PROD with $$_JOB
203 

•S 2824 IS

1 cluding the documents described in section 274A(b) 

2 of the Immigration and Nationality Act),’’. 

3 SEC. 809. PROTECTION OF SOCIAL SECURITY ADMINISTRA4 TION PROGRAMS. 

5 (a) FUNDING UNDER AGREEMENT.—Effective for 

6 fiscal years beginning on or after October 1, 2023, the 

7 Commissioner of Social Security and the Secretary of 

8 Homeland Security shall enter into and maintain an 

9 agreement which shall— 

10 (1) provide funds to the Commissioner for the 

11 full costs of the responsibilities of the Commissioner 

12 under section 274A(d) of the Immigration and Na13 tionality Act (8 U.S.C. 1324a(d)), as amended by 

14 section 802 of this title, including— 

15 (A) acquiring, installing, and maintaining 

16 technological equipment and systems necessary 

17 for the fulfillment of the responsibilities of the 

18 Commissioner under such section 274A(d), but 

19 only that portion of such costs that are attrib20 utable exclusively to such responsibilities; and 

21 (B) responding to individuals who contest 

22 a tentative nonconfirmation provided by the em23 ployment eligibility verification system estab24 lished under such section; 


pbinns on DSKJLVW7X2PROD with $$_JOB
204 

•S 2824 IS

1 (2) provide such funds annually in advance of 

2 the applicable quarter based on estimating method3 ology agreed to by the Commissioner and the Sec4 retary (except in such instances where the delayed 

5 enactment of an annual appropriation may preclude 

6 such quarterly payments); and 

7 (3) require an annual accounting and reconcili8 ation of the actual costs incurred and the funds pro9 vided under the agreement, which shall be reviewed 

10 by the Inspectors General of the Social Security Ad11 ministration and the Department of Homeland Secu12 rity. 

13 (b) CONTINUATION OF EMPLOYMENT VERIFICATION

14 IN ABSENCE OF TIMELY AGREEMENT.—In any case in 

15 which the agreement required under subsection (a) for any 

16 fiscal year beginning on or after October 1, 2023, has not 

17 been reached as of October 1 of such fiscal year, the latest 

18 agreement between the Commissioner and the Secretary 

19 of Homeland Security providing for funding to cover the 

20 costs of the responsibilities of the Commissioner under 

21 section 274A(d) of the Immigration and Nationality Act 

22 (8 U.S.C. 1324a(d)) shall be deemed in effect on an in23 terim basis for such fiscal year until such time as an 

24 agreement required under subsection (a) is subsequently 

25 reached, except that the terms of such interim agreement 


pbinns on DSKJLVW7X2PROD with $$_JOB
205 

•S 2824 IS

1 shall be modified by the Director of the Office of Manage2 ment and Budget to adjust for inflation and any increase 

3 or decrease in the volume of requests under the employ4 ment eligibility verification system. In any case in which 

5 an interim agreement applies for any fiscal year under this 

6 subsection, the Commissioner and the Secretary shall, not 

7 later than October 1 of such fiscal year, notify the Com8 mittee on Ways and Means, the Committee on the Judici9 ary, and the Committee on Appropriations of the House 

10 of Representatives and the Committee on Finance, the 

11 Committee on the Judiciary, and the Committee on Ap12 propriations of the Senate of the failure to reach the 

13 agreement required under subsection (a) for such fiscal 

14 year. Until such time as the agreement required under 

15 subsection (a) has been reached for such fiscal year, the 

16 Commissioner and the Secretary shall, not later than the 

17 end of each 90-day period after October 1 of such fiscal 

18 year, notify such Committees of the status of negotiations 

19 between the Commissioner and the Secretary in order to 

20 reach such an agreement. 

21 SEC. 810. FRAUD PREVENTION. 

22 (a) BLOCKING MISUSED SOCIAL SECURITY ACCOUNT

23 NUMBERS.—The Secretary of Homeland Security, in con24 sultation with the Commissioner of Social Security, shall 

25 establish a program in which social security account numVerDate Sep 11 2014 21:39 Sep 16, 2023 Jkt 039200 PO 00000 Frm 00205 Fmt 6652 Sfmt 6201 E:\BILLS\S2824.IS S2824

pbinns on DSKJLVW7X2PROD with $$_JOB
206 

•S 2824 IS

1 bers that have been identified to be subject to unusual 

2 multiple use in the employment eligibility verification sys3 tem established under section 274A(d) of the Immigration 

4 and Nationality Act (8 U.S.C. 1324a(d)), as amended by 

5 section 802 of this title, or that are otherwise suspected 

6 or determined to have been compromised by identity fraud 

7 or other misuse, shall be blocked from use for such system 

8 purposes unless the individual using such number is able 

9 to establish, through secure and fair additional security 

10 procedures, that the individual is the legitimate holder of 

11 the number. 

12 (b) ALLOWING SUSPENSION OF USE OF CERTAIN SO13 CIAL SECURITY ACCOUNT NUMBERS.—The Secretary of 

14 Homeland Security, in consultation with the Commis15 sioner of Social Security, shall establish a program which 

16 shall provide a reliable, secure method by which victims 

17 of identity fraud and other individuals may suspend or 

18 limit the use of their social security account number or 

19 other identifying information for purposes of the employ20 ment eligibility verification system established under sec21 tion 274A(d) of the Immigration and Nationality Act (8 

22 U.S.C. 1324a(d)), as amended by section 802 of this title. 

23 The Secretary may implement the program on a limited 

24 pilot program basis before making it fully available to all 

25 individuals. 


pbinns on DSKJLVW7X2PROD with $$_JOB
207 

•S 2824 IS

1 (c) ALLOWING PARENTS TO PREVENT THEFT OF

2 THEIR CHILD’S IDENTITY.—The Secretary of Homeland 

3 Security, in consultation with the Commissioner of Social 

4 Security, shall establish a program which shall provide a 

5 reliable, secure method by which parents or legal guard6 ians may suspend or limit the use of the social security 

7 account number or other identifying information of a 

8 minor under their care for the purposes of the employment 

9 eligibility verification system established under 274A(d) of 

10 the Immigration and Nationality Act (8 U.S.C. 1324a(d)), 

11 as amended by section 802 of this title. The Secretary may 

12 implement the program on a limited pilot program basis 

13 before making it fully available to all individuals. 

14 SEC. 811. USE OF EMPLOYMENT ELIGIBILITY 

15 VERIFICATION PHOTO TOOL. 

16 An employer who uses the photo matching tool used 

17 as part of the E-Verify System shall match the photo tool 

18 photograph to both the photograph on the identity or em19 ployment eligibility document provided by the employee 

20 and to the face of the employee submitting the document 

21 for employment verification purposes. 

22 SEC. 812. IDENTITY AUTHENTICATION EMPLOYMENT ELIGI23 BILITY VERIFICATION PILOT PROGRAMS. 

24 Not later than 24 months after the date of the enact25 ment of this Act, the Secretary of Homeland Security, 


pbinns on DSKJLVW7X2PROD with $$_JOB
208 

•S 2824 IS

1 after consultation with the Commissioner of Social Secu2 rity and the Director of the National Institute of Stand3 ards and Technology, shall establish by regulation not less 

4 than 2 Identity Authentication Employment Eligibility 

5 Verification pilot programs, each using a separate and dis6 tinct technology (the ‘‘Authentication Pilots’’). The pur7 pose of the Authentication Pilots shall be to provide for 

8 identity authentication and employment eligibility 

9 verification with respect to enrolled new employees which 

10 shall be available to any employer that elects to participate 

11 in either of the Authentication Pilots. Any participating 

12 employer may cancel the employer’s participation in the 

13 Authentication Pilot after one year after electing to par14 ticipate without prejudice to future participation. The Sec15 retary shall report to the Committee on the Judiciary of 

16 the House of Representatives and the Committee on the 

17 Judiciary of the Senate the Secretary’s findings on the 

18 Authentication Pilots, including the authentication tech19 nologies chosen, not later than 12 months after com20 mencement of the Authentication Pilots. 

21 SEC. 813. INSPECTOR GENERAL AUDITS. 

22 (a) IN GENERAL.—Not later than 1 year after the 

23 date of the enactment of this Act, the Inspector General 

24 of the Social Security Administration shall complete audits 

25 of the following categories in order to uncover evidence 


pbinns on DSKJLVW7X2PROD with $$_JOB
209 

•S 2824 IS

1 of individuals who are not authorized to work in the 

2 United States: 

3 (1) Workers who dispute wages reported on 

4 their social security account number when they be5 lieve someone else has used such number and name 

6 to report wages. 

7 (2) Children’s social security account numbers 

8 used for work purposes. 

9 (3) Employers whose workers present signifi10 cant numbers of mismatched social security account 

11 numbers or names for wage reporting. 

12 (b) SUBMISSION.—The Inspector General of the So13 cial Security Administration shall submit the audits com14 pleted under subsection (a) to the Committee on Ways and 

15 Means of the House of Representatives and the Committee 

16 on Finance of the Senate for review of the evidence of 

17 individuals who are not authorized to work in the United 

18 States. The Chairmen of those Committees shall then de19 termine information to be shared with the Secretary of 

20 Homeland Security so that such Secretary can investigate 

21 the unauthorized employment demonstrated by such evi22 dence. 

23 SEC. 814. AGRICULTURE WORKFORCE STUDY. 

24 Not later than 36 months after the date of the enact25 ment of this Act, the Secretary of the Department of 


pbinns on DSKJLVW7X2PROD with $$_JOB
210 

•S 2824 IS

1 Homeland Security, in consultation with the Secretary of 

2 the Department of Agriculture, shall submit to the Com3 mittee on the Judiciary of the House of Representatives 

4 and the Committee on the Judiciary of the Senate, a re5 port that includes the following: 

6 (1) The number of individuals in the agricul7 tural workforce. 

8 (2) The number of United States citizens in the 

9 agricultural workforce. 

10 (3) The number of aliens in the agricultural 

11 workforce who are authorized to work in the United 

12 States. 

13 (4) The number of aliens in the agricultural 

14 workforce who are not authorized to work in the 

15 United States. 

16 (5) Wage growth in each of the previous ten 

17 years, disaggregated by agricultural sector. 

18 (6) The percentage of total agricultural indus19 try costs represented by agricultural labor during 

20 each of the last ten years. 

21 (7) The percentage of agricultural costs in22 vested in mechanization during each of the last ten 

23 years. 

24 (8) Recommendations, other than a path to 

25 legal status for aliens not authorized to work in the 


pbinns on DSKJLVW7X2PROD with $$_JOB
211 

•S 2824 IS

1 United States, for ensuring United States agricul2 tural employers have a workforce sufficient to cover 

3 industry needs, including recommendations to— 

4 (A) increase investments in mechanization; 

5 (B) increase the domestic workforce; and 

6 (C) reform the H–2A program. 

7 SEC. 815. SENSE OF CONGRESS ON FURTHER IMPLEMENTA8 TION. 

9 It is the sense of Congress that in implementing the 

10 E-Verify Program, the Secretary of Homeland Security 

11 shall ensure any adverse impact on the Nation’s agricul12 tural workforce, operations, and food security are consid13 ered and addressed. 

14 SEC. 816. REPEALING REGULATIONS. 

15 The rules relating to ‘‘Temporary Agricultural Em16 ployment of H–2A Nonimmigrants in the United States’’ 

17 (87 Fed. Reg. 61660 (Oct. 12, 2022)) and to ‘‘Adverse 

18 Effect Wage Rate Methodology for the Temporary Em19 ployment of H–2A Nonimmigrants in Non-Range Occupa20 tions in the United States’’ (88 Fed. Reg. 12760 (Feb. 

21 28, 2023)) shall have no force or effect, may not be re22 issued in substantially the same form, and any new rules 

23 that are substantially the same as such rules may not be 

24 issued. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB