I 

117TH CONGRESS 

2D SESSION H. R. 6637 

To amend the Immigration and Nationality Act to make mandatory and 

permanent requirements relating to use of an electronic employment 

eligibility verification system, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 8, 2022 

Ms. SALAZAR (for herself, Mr. NEWHOUSE, Mr. CURTIS, Mr. REED, Miss 

GONZA ́LEZ-COLO ́N, Mr. MEIJER, and Mr. SESSIONS) introduced the following bill; which was referred to the Committee on the Judiciary, and 

in addition to the Committees on Homeland Security, Ways and Means, 

Agriculture, Natural Resources, Transportation and Infrastructure, the 

Budget, Education and Labor, Foreign Affairs, Oversight and Reform, 

Intelligence (Permanent Select), Armed Services, and Financial Services, 

for a period to be subsequently determined by the Speaker, in each case 

for consideration of such provisions as fall within the jurisdiction of the 

committee concerned 

A BILL 

To amend the Immigration and Nationality Act to make 

mandatory and permanent requirements relating to use 

of an electronic employment eligibility verification system, 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, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Dignity for Immigrants while Guarding our Nation to Ig4 nite and Deliver the American Dream Act’’ or as the 

5 ‘‘DIGNIDAD (Dignity) Act’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

DIVISION A—BORDER SECURITY FOR AMERICA ACT 

Sec. 1100. Short title. 

TITLE I—BORDER SECURITY 

Sec. 1101. Definitions. 

Subtitle A—Infrastructure and Equipment 

Sec. 1111. Strengthening the requirements for barriers along the southern border. 

Sec. 1112. Border barrier system construction. 

Sec. 1113. Air and Marine Operations flight hours. 

Sec. 1114. Capability deployment to specific sectors and transit zone. 

Sec. 1115. U.S. Border Patrol activities. 

Sec. 1116. Border security technology program management. 

Sec. 1117. National Guard support to secure the southern border. 

Sec. 1118. Prohibitions on actions that impede border security on certain Federal land. 

Sec. 1119. Landowner and rancher security enhancement. 

Sec. 1120. Eradication of carrizo cane and salt cedar. 

Sec. 1121. Southern border threat analysis, Border Patrol strategic plan, and 

Northern Border Threat Analysis. 

Sec. 1122. Amendments to U.S. Customs and Border Protection. 

Sec. 1123. Agent and officer technology use. 

Sec. 1124. Integrated Border Enforcement Teams. 

Sec. 1125. Tunnel Task Forces. 

Sec. 1126. Pilot program on use of electromagnetic spectrum in support of border security operations. 

Sec. 1127. Foreign migration assistance. 

Sec. 1128. Biometric Identification Transnational Migration Alert Program. 

Sec. 1129. Border and port security technology investment plan. 

Sec. 1130. Commercial solutions opening acquisition program. 

Sec. 1131. U.S. Customs and Border Protection technology upgrades. 

Sec. 1132. Nonintrusive inspection operations. 

Sec. 1133. Homeland Security Investigations Innovation Lab. 

Sec. 1134. Reimbursement of States. 

Subtitle B—Personnel 


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Sec. 1141. Additional U.S. Customs and Border Protection personnel. 

Sec. 1142. U.S. Customs and Border Protection retention incentives. 

Sec. 1143. Anti-Border Corruption Act Reauthorization. 

Sec. 1144. Training for officers and agents of U.S. Customs and Border Protection. 

Sec. 1145. Establishment of workload staffing models for U.S. Border Patrol 

and Air and Marine Operations of CBP. 

Subtitle C—Grants 

Sec. 1161. Operation Stonegarden. 

Subtitle D—Border Security Certification 

Sec. 1181. Border Security Certification. 

TITLE II—EMERGENCY PORT OF ENTRY PERSONNEL AND 

INFRASTRUCTURE FUNDING 

Sec. 2101. Ports of entry infrastructure. 

Sec. 2102. Sense of Congress on cooperation between agencies. 

Sec. 2103. Authorization of appropriations. 

TITLE III—VISA SECURITY AND INTEGRITY 

Sec. 3101. Visa security. 

Sec. 3102. Electronic passport screening and biometric matching. 

Sec. 3103. Reporting of visa overstays. 

Sec. 3104. Student and exchange visitor information system verification. 

Sec. 3105. Cancellation of additional visas. 

Sec. 3106. Visa information sharing. 

Sec. 3107. Fraud prevention. 

Sec. 3108. Visa ineligibility for spouses and children of drug traffickers. 

Sec. 3109. DNA testing. 

Sec. 3110. DNA collection consistent with Federal law. 

TITLE IV—TRANSNATIONAL CRIMINAL ORGANIZATION ILLICIT 

SPOTTER PREVENTION AND ELIMINATION 

Sec. 4101. Short title. 

Sec. 4102. Illicit spotting. 

Sec. 4103. Unlawfully hindering immigration, border, and customs controls. 

Sec. 4104. Report on smuggling. 

TITLE V—BORDER SECURITY FUNDING 

Sec. 5101. Border Security Funding. 

Sec. 5102. Exclusion from PAYGO scorecards. 

Sec. 5103. Funding matters. 

TITLE VI—MANDATORY E-VERIFY 

Sec. 6101. Short title. 

Sec. 6102. Employment eligibility verification process. 

Sec. 6103. Employment eligibility verification system. 

Sec. 6104. Recruitment, referral, and continuation of employment. 

Sec. 6105. Good faith defense. 

Sec. 6106. Preemption and States’ Rights. 


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Sec. 6107. Repeal. 

Sec. 6108. Penalties. 

Sec. 6109. Fraud and misuse of documents. 

Sec. 6110. Protection of Social Security Administration programs. 

Sec. 6111. Fraud prevention. 

Sec. 6112. Use of Employment Eligibility Verification Photo Tool. 

Sec. 6113. Identity authentication employment eligibility verification pilot programs. 

Sec. 6114. Inspector General audits. 

Sec. 6115. Nationwide E-Verify Audit. 

TITLE VII—SARAH AND GRANT’S LAW 

Sec. 7101. Sarah and Grant’s law. 

Sec. 7102. Penalties for illegal entry or presence. 

Sec. 7103. Illegal reentry. 

TITLE VIII—GANG MEMBER REMOVAL 

Sec. 8101. Grounds of inadmissibility and deportability for alien gang members. 

TITLE IX—ASYLUM REFORM 

Sec. 9101. Regional processing centers. 

Sec. 9102. Codification of Flores settlement. 

Sec. 9103. Expedited asylum adjudications. 

Sec. 9104. Recording expedited removal and credible fear interviews. 

Sec. 9105. Renunciation of asylum status pursuant to return to home country. 

Sec. 9106. Notice concerning frivolous asylum applications. 

Sec. 9107. Anti-fraud investigative work product. 

Sec. 9108. Penalties for asylum fraud. 

Sec. 9109. Statute of limitations for asylum fraud. 

Sec. 9110. Standard operating procedures; facilities standards. 

Sec. 9111. Criminal background checks for sponsors of unaccompanied alien 

children. 

Sec. 9112. Fraud in connection with the transfer of custody of unaccompanied 

alien children. 

Sec. 9113. Hiring authority. 

TITLE X—RULE OF LAW, SECURITY, AND ECONOMIC 

DEVELOPMENT IN CENTRAL AMERICA 

Subtitle A—Promoting the Rule of Law, Security, and Economic Development 

in Central America 

Sec. 10101. United States Strategy for Engagement in Central America. 

Sec. 10102. Securing support of international donors and partners. 

Sec. 10103. Combating corruption, strengthening the rule of law, and consolidating democratic governance. 

Sec. 10104. Combating criminal violence and improving citizen security. 

Sec. 10105. Combating sexual, gender-based, and domestic violence. 

Subtitle B—Information Campaign on the Dangers of Irregular Migration 

Sec. 10201. Information campaign on dangers of irregular migration. 

Subtitle C—Cracking Down on Criminal Organizations 


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Sec. 10301. Enhanced investigation and prosecution of human smuggling networks and trafficking organizations. 

Sec. 10302. Enhanced penalties for organized smuggling schemes. 

Sec. 10303. Expanding financial sanctions on narcotics trafficking and money 

laundering. 

Sec. 10304. Support for transnational anti-gang task forces for countering 

criminal gangs. 

DIVISION B—AMERICAN DREAM AND PROMISE 

Sec. 1. Short title. 

TITLE I—DREAM ACT 

Sec. 1101. Short title. 

Sec. 1102. Permanent resident status on a conditional basis for certain longterm residents who entered the United States as children. 

Sec. 1103. Terms of permanent resident status on a conditional basis. 

Sec. 1104. Removal of conditional basis of permanent resident status. 

Sec. 1105. Restoration of State option to determine residency for purposes of 

higher education benefits. 

TITLE II—AMERICAN PROMISE ACT 

Sec. 2101. Short title. 

Sec. 2102. Adjustment of status for certain nationals of certain countries designated for temporary protected status or deferred enforced departure. 

Sec. 2103. Clarification. 

TITLE III—GENERAL PROVISIONS 

Sec. 3101. Definitions. 

Sec. 3102. Submission of biometric and biographic data; background checks. 

Sec. 3103. Limitation on removal; application and fee exemption; and other 

conditions on eligible individuals. 

Sec. 3104. Determination of continuous presence and residence. 

Sec. 3105. Exemption from numerical limitations. 

Sec. 3106. Availability of administrative and judicial review. 

Sec. 3107. Documentation requirements. 

Sec. 3108. Rule making. 

Sec. 3109. Confidentiality of information. 

Sec. 3110. Grant program to assist eligible applicants. 

Sec. 3111. Provisions affecting eligibility for adjustment of status. 

Sec. 3112. Supplementary surcharge for appointed counsel. 

Sec. 3113. Annual report on provisional denial authority. 

TITLE IV—DIGNITY AND REDEMPTION PROGRAMS 

Subtitle A—Dignity Program 

Sec. 4001. Establishment. 

Sec. 4002. Eligibility. 

Sec. 4003. Registration; departure. 

Sec. 4004. Program participation. 

Sec. 4005. Completion. 

Subtitle B—Redemption Program 


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Sec. 4101. Establishment. 

Sec. 4102. Conditions. 

Sec. 4103. Completion and removal of conditional status. 

Subtitle C—Contribution to American Workers 

Sec. 4200. Purpose. 

Sec. 4201. Availability of funds. 

Sec. 4202. Conforming amendments. 

PART 1—PROMOTING APPRENTICESHIPS THROUGH REGIONAL TRAINING

NETWORKS

Sec. 4301. Definitions. 

Sec. 4302. Allotments to States. 

Sec. 4303. Grants to partnerships. 

Sec. 4304. Use of funds. 

Sec. 4305. Performance and accountability. 

PART 2—HIGH-DEMAND CAREERS

Sec. 4401. Grants for access to high-demand careers. 

DIVISION C—IMPROVING THE H–2B NONIMMIGRANT WORKER 

PROGRAM 

Sec. 1001. Short title. 

Sec. 1002. Definitions. 

Sec. 1003. H–2B cap relief. 

Sec. 1004. Increased sanctions for willful misrepresentation or failure to meet 

the requirements for petitioning for an H–2B worker. 

Sec. 1005. Reduction of paperwork burden. 

Sec. 1006. Workplace safety. 

Sec. 1007. Foreign labor recruiting; prohibition on fees. 

Sec. 1008. Program integrity measures. 

Sec. 1009. Program eligibility. 

Sec. 1010. H–2B employer notification requirement. 

Sec. 1011. Authorization of appropriations. 

DIVISION D—AMERICAN AGRICULTURE DOMINANCE ACT 

Sec. 1. Short title; table of contents. 

TITLE I—SECURING THE DOMESTIC AGRICULTURAL WORKFORCE 

Subtitle A—Status for Certified Agricultural Workers 

Sec. 101. Certified agricultural worker status. 

Sec. 102. Terms and conditions of certified status. 

Sec. 103. Extensions of certified status. 

Sec. 104. Determination of continuous presence. 

Sec. 105. Employer obligations. 

Sec. 106. Administrative and judicial review. 

Subtitle B—Optional Earned Residence for Long-Term Workers 

Sec. 111. Optional adjustment of status for long-term agricultural workers. 

Sec. 112. Payment of taxes. 

Sec. 113. Adjudication and decision; review. 


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Subtitle C—General Provisions 

Sec. 121. Definitions. 

Sec. 122. Rulemaking; fees. 

Sec. 123. Background checks. 

Sec. 124. Protection for children. 

Sec. 125. Limitation on removal. 

Sec. 126. Documentation of agricultural work history. 

Sec. 127. Employer protections. 

Sec. 128. Correction of Social Security records; conforming amendments. 

Sec. 129. Disclosures and privacy. 

Sec. 130. Penalties for false statements in applications. 

Sec. 131. Dissemination of information. 

Sec. 132. Exemption from numerical limitations. 

Sec. 133. Reports to Congress. 

Sec. 134. Grant program to assist eligible applicants. 

Sec. 135. Authorization of appropriations. 

TITLE II—ENSURING AN AGRICULTURAL WORKFORCE FOR THE 

FUTURE 

Subtitle A—Reforming the H–2A Worker Program 

Sec. 201. Comprehensive and streamlined electronic H–2A platform. 

Sec. 202. Agricultural labor or services. 

Sec. 203. H–2A program requirements. 

Sec. 204. Portable H–2A visa pilot program. 

1 DIVISION A—BORDER SECURITY 

2 FOR AMERICA ACT 

3 SEC. 1100. SHORT TITLE. 

4 This division may be cited as the ‘‘Border Security 

5 for America Act’’. 

6 TITLE I—BORDER SECURITY 

7 SEC. 1101. DEFINITIONS. 

8 In this title: 

9 (1) ADVANCED UNATTENDED SURVEILLANCE

10 SENSORS.—The term ‘‘advanced unattended surveil11 lance sensors’’ means sensors that utilize an onboard 

12 computer to analyze detections in an effort to disVerDate Sep 11 2014 04:01 Mar 04, 2022 Jkt 000000 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H6637.IH H6637

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1 cern between vehicles, humans, and animals, and ul2 timately filter false positives prior to transmission. 

3 (2) COMMISSIONER.—The term ‘‘Commis4 sioner’’ means the Commissioner of U.S. Customs 

5 and Border Protection. 

6 (3) HIGH TRAFFIC AREAS.—The term ‘‘high 

7 traffic areas’’ has the meaning given such term in 

8 section 102(e)(1) of the Illegal Immigration Reform 

9 and Immigrant Responsibility Act of 1996, as 

10 amended by section 1111 of this division. 

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 (8 

14 U.S.C. 1701 note; Public Law 109–367). 

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) SMALL UNMANNED AERIAL VEHICLE.—The 

23 term ‘‘small unmanned aerial vehicle’’ has the mean24 ing given the term ‘‘small unmanned aircraft’’ in 

25 section 331 of the FAA Modernization and Reform 


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1 Act of 2012 (Public Law 112–95; 49 U.S.C. 40101 

2 note). 

3 (8) TRANSIT ZONE.—The term ‘‘transit zone’’ 

4 has the meaning given such term in section 

5 1092(a)(8) of the National Defense Authorization 

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

7 U.S.C. 223(a)(7)). 

8 (9) UNMANNED AERIAL SYSTEM.—The term 

9 ‘‘unmanned aerial system’’ has the meaning given 

10 the term ‘‘unmanned aircraft system’’ in section 331 

11 of the FAA Modernization and Reform Act of 2012 

12 (Public Law 112–95; 49 U.S.C. 40101 note). 

13 (10) UNMANNED AERIAL VEHICLE.—The term 

14 ‘‘unmanned aerial vehicle’’ has the meaning given 

15 the term ‘‘unmanned aircraft’’ in section 331 of the 

16 FAA Modernization and Reform Act of 2012 (Public 

17 Law 112–95; 49 U.S.C. 40101 note). 

18 Subtitle A—Infrastructure and 

19 Equipment 

20 SEC. 1111. STRENGTHENING THE REQUIREMENTS FOR BAR21 RIERS ALONG THE SOUTHERN BORDER. 

22 Section 102 of the Illegal Immigration Reform and 

23 Immigrant Responsibility Act of 1996 (Division C of Pub24 lic Law 104–208; 8 U.S.C. 1103 note) is amended— 


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1 (1) by amending subsection (a) to read as fol2 lows: 

3 ‘‘(a) IN GENERAL.—The Secretary of Homeland Se4 curity shall take such actions as may be necessary (includ5 ing the removal of obstacles to detection of illegal en6 trants) to design, test, construct, install, deploy, integrate, 

7 and operate physical barriers, tactical infrastructure, and 

8 technology in the vicinity of the United States border to 

9 achieve situational awareness and operational control of 

10 the border and deter, impede, and detect illegal activity 

11 in high traffic areas.’’; 

12 (2) in subsection (b)— 

13 (A) in the subsection heading, by striking 

14 ‘‘FENCING AND ROAD IMPROVEMENTS’’ and in15 serting ‘‘PHYSICAL BARRIERS’’; 

16 (B) in paragraph (1)— 

17 (i) in subparagraph (A)— 

18 (I) by striking ‘‘subsection (a)’’ 

19 and inserting ‘‘this section’’; 

20 (II) by striking ‘‘roads, lighting, 

21 cameras, and sensors’’ and inserting 

22 ‘‘tactical infrastructure, and tech23 nology’’; and 


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1 (III) by striking ‘‘gain’’ and in2 serting ‘‘achieve situational awareness 

3 and’’; 

4 (ii) by amending subparagraph (B) to 

5 read as follows: 

6 ‘‘(B) PHYSICAL BARRIERS AND TACTICAL

7 INFRASTRUCTURE.—The Secretary, in carrying 

8 out this section, shall deploy along the United 

9 States border the most practical and effective 

10 physical barriers and tactical infrastructure 

11 available for achieving situational awareness 

12 and operational control of the border.’’; 

13 (iii) in subparagraph (C)— 

14 (I) by amending clause (i) to 

15 read as follows: 

16 ‘‘(i) IN GENERAL.—In carrying out 

17 this section, the Secretary shall consult 

18 with appropriate Federal agency partners, 

19 appropriate representatives of Federal, 

20 State, Tribal, and local governments, and 

21 appropriate private property owners in the 

22 United States to minimize the impact on 

23 the environment, culture, commerce, and 

24 quality of life for the communities and 

25 residents located near the sites at which 


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1 such physical barriers are to be con2 structed.’’; and 

3 (II) in clause (ii)— 

4 (aa) in subclause (I), by 

5 striking ‘‘or’’ after the semicolon 

6 at the end; 

7 (bb) by amending subclause 

8 (II) to read as follows: 

9 ‘‘(II) delay the transfer to the 

10 United States of the possession of 

11 property or affect the validity of any 

12 property acquisition by the United 

13 States by purchase or eminent do14 main, or to otherwise affect the emi15 nent domain laws of the United States 

16 or of any State; or’’; and 

17 (cc) by adding at the end 

18 the following new subclause: 

19 ‘‘(III) create any right or liability 

20 for any party.’’; and 

21 (iv) by striking subparagraph (D); 

22 (C) in paragraph (2)— 

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

24 and inserting ‘‘Secretary of Homeland Se25 curity’’; 


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

2 inserting ‘‘this section’’; and 

3 (iii) by striking ‘‘construction of 

4 fences’’ and inserting ‘‘the construction of 

5 physical barriers’’; 

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

7 follows: 

8 ‘‘(3) AGENT SAFETY.—In carrying out this sec9 tion, the Secretary of Homeland Security, when de10 signing, constructing, and deploying physical bar11 riers, tactical infrastructure, or technology, shall in12 corporate such safety features into such design, con13 struction, or deployment of such physical barriers, 

14 tactical infrastructure, or technology, as the case 

15 may be, that the Secretary determines are necessary 

16 to maximize the safety and effectiveness of officers 

17 or agents of the Department of Homeland Security 

18 or of any other Federal agency deployed in the vicin19 ity of such physical barriers, tactical infrastructure, 

20 or technology.’’; and 

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

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

23 (3) in subsection (c)— 

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

25 follows: 


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

2 provision of law, the Secretary of Homeland Security 

3 shall have the authority to waive all legal require4 ments the Secretary determines necessary to ensure 

5 the expeditious design, testing, construction, instal6 lation, deployment, integration, and operation of the 

7 physical barriers, tactical infrastructure, and tech8 nology under this section. Such waiver authority 

9 shall also apply with respect to any maintenance car10 ried out on such physical barriers, tactical infra11 structure, or technology. Any such decision by the 

12 Secretary shall be effective upon publication in the 

13 Federal Register.’’; 

14 (B) by redesignating paragraph (2) as 

15 paragraph (3); and 

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

17 following new paragraph: 

18 ‘‘(2) NOTIFICATION.—Not later than 7 days 

19 after the date on which the Secretary of Homeland 

20 Security exercises the waiver authority under para21 graph (1), the Secretary shall notify the Committee 

22 on Homeland Security of the House of Representa23 tives and the Committee on Homeland Security and 

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

25 and 


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1 (4) by adding at the end the following new sub2 sections: 

3 ‘‘(e) TECHNOLOGY.—The Secretary of Homeland Se4 curity, in carrying out this section, shall deploy along the 

5 United States border the most practical and effective tech6 nology available for achieving situational awareness and 

7 operational control of the border. 

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

9 ‘‘(1) ADVANCED UNATTENDED SURVEILLANCE

10 SENSORS.—The term ‘advanced unattended surveil11 lance sensors’ means sensors that utilize an onboard 

12 computer to analyze detections in an effort to dis13 cern between vehicles, humans, and animals, and ul14 timately filter false positives prior to transmission. 

15 ‘‘(2) HIGH TRAFFIC AREAS.—The term ‘high 

16 traffic areas’ means areas in the vicinity of the 

17 United States border that— 

18 ‘‘(A) are within the responsibility of U.S. 

19 Customs and Border Protection; and 

20 ‘‘(B) have significant unlawful cross-border 

21 activity, as determined by the Secretary of 

22 Homeland Security. 

23 ‘‘(3) OPERATIONAL CONTROL.—The term ‘oper24 ational control’ has the meaning given such term in 


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

2 Law 109–367; 8 U.S.C. 1701 note). 

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

4 barriers’ includes reinforced fencing, border barrier 

5 system, and levee walls. 

6 ‘‘(5) SITUATIONAL AWARENESS.—The term ‘sit7 uational awareness’ has the meaning given such 

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

9 Authorization Act for Fiscal Year 2017 (Public Law 

10 114–328; 6 U.S.C. 223(a)(7)). 

11 ‘‘(6) TACTICAL INFRASTRUCTURE.—The term 

12 ‘tactical infrastructure’ includes boat ramps, access 

13 gates, checkpoints, lighting, and roads. 

14 ‘‘(7) TECHNOLOGY.—The term ‘technology’ in15 cludes border surveillance and detection technology, 

16 including the following: 

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

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

19 surveillance equipment. 

20 ‘‘(C) Vehicle and Dismount Exploitation 

21 Radars (VADER). 

22 ‘‘(D) 3-dimensional, seismic acoustic detec23 tion and ranging border tunneling detection 

24 technology. 


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1 ‘‘(E) Advanced unattended surveillance 

2 sensors. 

3 ‘‘(F) Mobile vehicle-mounted and man4 portable surveillance capabilities. 

5 ‘‘(G) Unmanned aircraft systems. 

6 ‘‘(H) Other border detection, communica7 tion, and surveillance technology. 

8 ‘‘(8) UNMANNED AIRCRAFT SYSTEM.—The term 

9 ‘unmanned aircraft system’ has the meaning given 

10 such term in section 44801 of title 49, United 

11 States Code.’’. 

12 SEC. 1112. BORDER BARRIER SYSTEM CONSTRUCTION. 

13 (a) IN GENERAL.— 

14 (1) IMMEDIATE RESUMPTION OF BORDER BAR15 RIER CONSTRUCTION.—Not later than 24 hours 

16 after the date of the enactment of this section, the 

17 Secretary shall resume all activities related to the 

18 construction of the border barrier system along the 

19 international border between the United States and 

20 Mexico that were underway or being planned for 

21 prior to January 20, 2021. 

22 (2) NO CANCELLATIONS.—The Secretary may 

23 not cancel any contract for activities related to the 

24 construction of the border barrier system that was 

25 entered into on or before January 20, 2021. 


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1 (3) USE OF FUNDS.—To carry out this section, 

2 the Secretary shall expend all funds appropriated or 

3 explicitly obligated for the construction of the border 

4 barrier system that were appropriated or obligated, 

5 as the case may be, for use beginning October 1, 

6 2016. 

7 (b) PLAN TO COMPLETE TACTICAL INFRASTRUC8 TURE AND TECHNOLOGY ELEMENTS OF SYSTEM.—Not 

9 later than 90 days after the date of the enactment of this 

10 section, the Secretary shall submit to the appropriate con11 gressional committees an implementation plan, including 

12 quarterly benchmarks and cost estimates, for satisfying all 

13 requirements of the construction of the border barrier sys14 tem referred to in paragraph (1) of subsection (a), includ15 ing tactical infrastructure, technology, and other elements 

16 as identified by the Department prior to January 20, 

17 2021, through the expenditure of funds appropriated or 

18 explicitly obligated, as the case may be, for use beginning 

19 October 1, 2016, as well as any future funds appropriated 

20 by Congress. 

21 (c) UPHOLD NEGOTIATED AGREEMENTS.—The Sec22 retary shall ensure that all agreements executed in writing 

23 between the Department and private citizens, State, local, 

24 or Tribal governments, or other stakeholders are honored 

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1 struction of the border barrier system as required by such 

2 agreements. 

3 (d) DEFINITIONS.—In this section: 

4 (1) APPROPRIATE CONGRESSIONAL COMMIT5 TEES.—The term ‘‘appropriate congressional com6 mittees’’ means the Committee on Homeland Secu7 rity and the Committee on Appropriations of the 

8 House of Representatives and the Committee on 

9 Homeland Security and Governmental Affairs and 

10 the Committee on Appropriations of the Senate. 

11 (2) TACTICAL INFRASTRUCTURE.—The term 

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

13 gates, checkpoints, lighting, and roads associated 

14 with a border barrier system. 

15 (3) TECHNOLOGY.—The term ‘‘technology’’ in16 cludes border surveillance and detection technology, 

17 including linear ground detection systems, associated 

18 with a border barrier system. 

19 SEC. 1113. AIR AND MARINE OPERATIONS FLIGHT HOURS. 

20 (a) AIR AND MARINE OPERATIONS FLIGHT

21 HOURS.—The Secretary shall ensure that not fewer than 

22 95,000 annual flight hours are carried out by Air and Ma23 rine Operations of CBP. 

24 (b) UNMANNED AIRCRAFT SYSTEMS.—The Sec25 retary, after coordination with the Administrator of the 


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1 Federal Aviation Administration, shall ensure that Air and 

2 Marine Operations operate unmanned aircraft systems on 

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

4 24 hours per day for 7 days per week. 

5 (c) PRIMARY MISSIONS.—The Commissioner shall 

6 ensure that— 

7 (1) the primary missions for Air and Marine 

8 Operations are to directly support— 

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

10 borders of the United States; and 

11 (B) Joint Interagency Task Force South 

12 operations in the transit zone; and 

13 (2) the Executive Assistant Commissioner of 

14 Air and Marine Operations assigns the greatest pri15 ority to support missions outlined under paragraph 

16 (1). 

17 (d) HIGH DEMAND FLIGHT HOUR REQUIRE18 MENTS.—The Commissioner shall ensure that U.S. Bor19 der Patrol Sector Chiefs— 

20 (1) identify air support mission-critical hours; 

21 and 

22 (2) direct Air and Marine Operations to sup23 port requests from Sector Chiefs as their primary 

24 mission. 


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1 (e) CONTRACT AIR SUPPORT AUTHORIZATIONS.— 

2 The Commissioner shall contract for the unfulfilled air 

3 support mission-critical hours, as identified pursuant to 

4 subsection (d). 

5 (f) SMALL UNMANNED AIRCRAFT SYSTEMS.— 

6 (1) IN GENERAL.—The Chief of the U.S. Bor7 der Patrol shall be the executive agent with respect 

8 to the use of small unmanned aircraft systems by 

9 CBP for the purpose of— 

10 (A) meeting the unmet flight hour oper11 ational requirements of the U.S. Border Patrol; 

12 and 

13 (B) achieving situational awareness and 

14 operational control (as such term is defined in 

15 section 2(b) of the Secure Fence Act of 2006 

16 (Public Law 109–367; 8 U.S.C. 1701 note)). 

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 


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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 systems operated by the 

7 U.S. Border 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 system (as such term is defined in section 

22 44801 of title 49, United States Code) require23 ments pursuant to subsection (f) of section 

24 1113 of the Border Security for America Act; 

25 and’’. 


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

2 confer, transfer, or delegate to the Secretary, the Commis3 sioner, the Executive Assistant Commissioner for Air and 

4 Marine Operations of CBP, or the Chief of the U.S. Bor5 der Patrol any authority of the Secretary of Transpor6 tation or the Administrator of the Federal Aviation Ad7 ministration relating to the use of airspace or aviation 

8 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. 1114. CAPABILITY DEPLOYMENT TO SPECIFIC SEC21 TORS AND TRANSIT ZONE. 

22 (a) IN GENERAL.—Not later than September 30, 

23 2023, the Secretary, in implementing section 102 of the 

24 Illegal Immigration Reform and Immigrant Responsibility 

25 Act of 1996 (as amended by section 1111 of this division), 


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1 and acting through the appropriate component of the De2 partment of Homeland Security, shall deploy to each sec3 tor or region of the southern border and the northern bor4 der, in a prioritized manner to achieve situational aware5 ness and operational control of such borders, the following 

6 additional capabilities: 

7 (1) SAN DIEGO SECTOR.—For the San Diego 

8 sector, the following: 

9 (A) Tower-based surveillance technology. 

10 (B) Subterranean surveillance and detec11 tion technologies. 

12 (C) To increase coastal maritime domain 

13 awareness, the following: 

14 (i) Deployable, lighter-than-air surface 

15 surveillance equipment. 

16 (ii) Unmanned aerial vehicles with 

17 maritime surveillance capability. 

18 (iii) U.S. Customs and Border Protec19 tion maritime patrol aircraft. 

20 (iv) Coastal radar surveillance sys21 tems. 

22 (v) Maritime signals intelligence capa23 bilities. 

24 (D) Ultralight aircraft detection capabili25 ties. 


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1 (E) Advanced unattended surveillance sen2 sors. 

3 (F) A rapid reaction capability supported 

4 by aviation assets. 

5 (G) Mobile vehicle-mounted and man-port6 able surveillance capabilities. 

7 (H) Man-portable unmanned aerial vehi8 cles. 

9 (I) Improved agent communications capa10 bilities. 

11 (2) EL CENTRO SECTOR.—For the El Centro 

12 sector, the following: 

13 (A) Tower-based surveillance technology. 

14 (B) Deployable, lighter-than-air ground 

15 surveillance equipment. 

16 (C) Man-portable unmanned aerial vehi17 cles. 

18 (D) Ultralight aircraft detection capabili19 ties. 

20 (E) Advanced unattended surveillance sen21 sors. 

22 (F) A rapid reaction capability supported 

23 by aviation assets. 

24 (G) Man-portable unmanned aerial vehi25 cles. 


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1 (H) Improved agent communications capa2 bilities. 

3 (3) YUMA SECTOR.—For the Yuma sector, the 

4 following: 

5 (A) Tower-based surveillance technology. 

6 (B) Deployable, lighter-than-air ground 

7 surveillance equipment. 

8 (C) Ultralight aircraft detection capabili9 ties. 

10 (D) Advanced unattended surveillance sen11 sors. 

12 (E) A rapid reaction capability supported 

13 by aviation assets. 

14 (F) Mobile vehicle-mounted and man-port15 able surveillance systems. 

16 (G) Man-portable unmanned aerial vehi17 cles. 

18 (H) Improved agent communications capa19 bilities. 

20 (4) TUCSON SECTOR.—For the Tucson sector, 

21 the following: 

22 (A) Tower-based surveillance technology. 

23 (B) Increased flight hours for aerial detec24 tion, interdiction, and monitoring operations ca25 pability. 


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1 (C) Deployable, lighter-than-air ground 

2 surveillance equipment. 

3 (D) Ultralight aircraft detection capabili4 ties. 

5 (E) Advanced unattended surveillance sen6 sors. 

7 (F) A rapid reaction capability supported 

8 by aviation assets. 

9 (G) Man-portable unmanned aerial vehi10 cles. 

11 (H) Improved agent communications capa12 bilities. 

13 (5) EL PASO SECTOR.—For the El Paso sector, 

14 the following: 

15 (A) Tower-based surveillance technology. 

16 (B) Deployable, lighter-than-air ground 

17 surveillance equipment. 

18 (C) Ultralight aircraft detection capabili19 ties. 

20 (D) Advanced unattended surveillance sen21 sors. 

22 (E) Mobile vehicle-mounted and man-port23 able surveillance systems. 

24 (F) A rapid reaction capability supported 

25 by aviation assets. 


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1 (G) Mobile vehicle-mounted and man-port2 able surveillance capabilities. 

3 (H) Man-portable unmanned aerial vehi4 cles. 

5 (I) Improved agent communications capa6 bilities. 

7 (6) BIG BEND SECTOR.—For the Big Bend sec8 tor, the following: 

9 (A) Tower-based surveillance technology. 

10 (B) Deployable, lighter-than-air ground 

11 surveillance equipment. 

12 (C) Improved agent communications capa13 bilities. 

14 (D) Ultralight aircraft detection capabili15 ties. 

16 (E) Advanced unattended surveillance sen17 sors. 

18 (F) A rapid reaction capability supported 

19 by aviation assets. 

20 (G) Mobile vehicle-mounted and man-port21 able surveillance capabilities. 

22 (H) Man-portable unmanned aerial vehi23 cles. 

24 (I) Improved agent communications capa25 bilities. 


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1 (7) DEL RIO SECTOR.—For the Del Rio sector, 

2 the following: 

3 (A) Tower-based surveillance technology. 

4 (B) Increased monitoring for cross-river 

5 dams, culverts, and footpaths. 

6 (C) Improved agent communications capa7 bilities. 

8 (D) Improved maritime capabilities in the 

9 Amistad National Recreation Area. 

10 (E) Advanced unattended surveillance sen11 sors. 

12 (F) A rapid reaction capability supported 

13 by aviation assets. 

14 (G) Mobile vehicle-mounted and man-port15 able surveillance capabilities. 

16 (H) Man-portable unmanned aerial vehi17 cles. 

18 (I) Improved agent communications capa19 bilities. 

20 (8) LAREDO SECTOR.—For the Laredo sector, 

21 the following: 

22 (A) Tower-based surveillance technology. 

23 (B) Maritime detection resources for the 

24 Falcon Lake region. 


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1 (C) Increased flight hours for aerial detec2 tion, interdiction, and monitoring operations ca3 pability. 

4 (D) Increased monitoring for cross-river 

5 dams, culverts, and footpaths. 

6 (E) Ultralight aircraft detection capability. 

7 (F) Advanced unattended surveillance sen8 sors. 

9 (G) A rapid reaction capability supported 

10 by aviation assets. 

11 (H) Man-portable unmanned aerial vehi12 cles. 

13 (I) Improved agent communications capa14 bilities. 

15 (9) RIO GRANDE VALLEY SECTOR.—For the Rio 

16 Grande Valley sector, the following: 

17 (A) Tower-based surveillance technology. 

18 (B) Deployable, lighter-than-air ground 

19 surveillance equipment. 

20 (C) Increased flight hours for aerial detec21 tion, interdiction, and monitoring operations ca22 pability. 

23 (D) Ultralight aircraft detection capability. 

24 (E) Advanced unattended surveillance sen25 sors. 


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1 (F) Increased monitoring for cross-river 

2 dams, culverts, footpaths. 

3 (G) A rapid reaction capability supported 

4 by aviation assets. 

5 (H) Increased maritime interdiction capa6 bilities. 

7 (I) Mobile vehicle-mounted and man-port8 able surveillance capabilities. 

9 (J) Man-portable unmanned aerial vehi10 cles. 

11 (K) Improved agent communications capa12 bilities. 

13 (10) BLAINE SECTOR.—For the Blaine sector, 

14 the following: 

15 (A) Increased flight hours for aerial detec16 tion, interdiction, and monitoring operations ca17 pability. 

18 (B) Coastal radar surveillance systems. 

19 (C) Increased maritime interdiction capa20 bilities. 

21 (D) Mobile vehicle-mounted and man-port22 able surveillance capabilities. 

23 (E) Advanced unattended surveillance sen24 sors. 


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1 (F) Ultralight aircraft detection capabili2 ties. 

3 (G) Man-portable unmanned aerial vehi4 cles. 

5 (H) Improved agent communications capa6 bilities. 

7 (11) SPOKANE SECTOR.—For the Spokane sec8 tor, the following: 

9 (A) Increased flight hours for aerial detec10 tion, interdiction, and monitoring operations ca11 pability. 

12 (B) Increased maritime interdiction capa13 bilities. 

14 (C) Mobile vehicle-mounted and man-port15 able surveillance capabilities. 

16 (D) Advanced unattended surveillance sen17 sors. 

18 (E) Ultralight aircraft detection capabili19 ties. 

20 (F) Completion of six miles of the Bog 

21 Creek road. 

22 (G) Man-portable unmanned aerial vehi23 cles. 

24 (H) Improved agent communications sys25 tems. 


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1 (12) HAVRE SECTOR.—For the Havre sector, 

2 the following: 

3 (A) Increased flight hours for aerial detec4 tion, interdiction, and monitoring operations ca5 pability. 

6 (B) Mobile vehicle-mounted and man-port7 able surveillance capabilities. 

8 (C) Advanced unattended surveillance sen9 sors. 

10 (D) Ultralight aircraft detection capabili11 ties. 

12 (E) Man-portable unmanned aerial vehi13 cles. 

14 (F) Improved agent communications sys15 tems. 

16 (13) GRAND FORKS SECTOR.—For the Grand 

17 Forks sector, the following: 

18 (A) Increased flight hours for aerial detec19 tion, interdiction, and monitoring operations ca20 pability. 

21 (B) Mobile vehicle-mounted and man-port22 able surveillance capabilities. 

23 (C) Advanced unattended surveillance sen24 sors. 


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1 (D) Ultralight aircraft detection capabili2 ties. 

3 (E) Man-portable unmanned aerial vehi4 cles. 

5 (F) Improved agent communications sys6 tems. 

7 (14) DETROIT SECTOR.—For the Detroit sec8 tor, the following: 

9 (A) Increased flight hours for aerial detec10 tion, interdiction, and monitoring operations ca11 pability. 

12 (B) Coastal radar surveillance systems. 

13 (C) Increased maritime interdiction capa14 bilities. 

15 (D) Mobile vehicle-mounted and man-port16 able surveillance capabilities. 

17 (E) Advanced unattended surveillance sen18 sors. 

19 (F) Ultralight aircraft detection capabili20 ties. 

21 (G) Man-portable unmanned aerial vehi22 cles. 

23 (H) Improved agent communications sys24 tems. 


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1 (15) BUFFALO SECTOR.—For the Buffalo sec2 tor, the following: 

3 (A) Increased flight hours for aerial detec4 tion, interdiction, and monitoring operations ca5 pability. 

6 (B) Coastal radar surveillance systems. 

7 (C) Increased maritime interdiction capa8 bilities. 

9 (D) Mobile vehicle-mounted and man-port10 able surveillance capabilities. 

11 (E) Advanced unattended surveillance sen12 sors. 

13 (F) Ultralight aircraft detection capabili14 ties. 

15 (G) Man-portable unmanned aerial vehi16 cles. 

17 (H) Improved agent communications sys18 tems. 

19 (16) SWANTON SECTOR.—For the Swanton sec20 tor, the following: 

21 (A) Increased flight hours for aerial detec22 tion, interdiction, and monitoring operations ca23 pability. 

24 (B) Mobile vehicle-mounted and man-port25 able surveillance capabilities. 


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1 (C) Advanced unattended surveillance sen2 sors. 

3 (D) Ultralight aircraft detection capabili4 ties. 

5 (E) Man-portable unmanned aerial vehi6 cles. 

7 (F) Improved agent communications sys8 tems. 

9 (17) HOULTON SECTOR.—For the Houlton sec10 tor, the following: 

11 (A) Increased flight hours for aerial detec12 tion, interdiction, and monitoring operations ca13 pability. 

14 (B) Mobile vehicle-mounted and man-port15 able surveillance capabilities. 

16 (C) Advanced unattended surveillance sen17 sors. 

18 (D) Ultralight aircraft detection capabili19 ties. 

20 (E) Man-portable unmanned aerial vehi21 cles. 

22 (F) Improved agent communications sys23 tems. 

24 (18) TRANSIT ZONE.—For the transit zone, the 

25 following: 


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1 (A) Not later than two years after the date 

2 of the enactment of this Act, an increase in the 

3 number of overall cutter, boat, and aircraft 

4 hours spent conducting interdiction operations 

5 over the average number of such hours during 

6 the preceding three fiscal years. 

7 (B) Increased maritime signals intelligence 

8 capabilities. 

9 (C) To increase maritime domain aware10 ness, the following: 

11 (i) Unmanned aerial vehicles with 

12 maritime surveillance capability. 

13 (ii) Increased maritime aviation patrol 

14 hours. 

15 (D) Increased operational hours for mari16 time security components dedicated to joint 

17 counter-smuggling and interdiction efforts with 

18 other Federal agencies, including the 

19 Deployable Specialized Forces of the Coast 

20 Guard. 

21 (E) Coastal radar surveillance systems 

22 with long range day and night cameras capable 

23 of providing full maritime domain awareness of 

24 the United States territorial waters surrounding 

25 Puerto Rico, Mona Island, Desecheo Island, 


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1 Vieques Island, Culebra Island, Saint Thomas, 

2 Saint John, and Saint Croix. 

3 (b) TACTICAL FLEXIBILITY.— 

4 (1) SOUTHERN AND NORTHERN LAND BOR5 DERS.— 

6 (A) IN GENERAL.—Beginning on Sep7 tember 30, 2022, or after the Secretary has de8 ployed at least 25 percent of the capabilities re9 quired in each sector specified in subsection (a), 

10 whichever comes later, the Secretary may devi11 ate from such capability deployments if the Sec12 retary determines that such deviation is re13 quired to achieve situational awareness or oper14 ational control. 

15 (B) NOTIFICATION.—If the Secretary exer16 cises the authority described in subparagraph 

17 (A), the Secretary shall, not later than 90 days 

18 after such exercise, notify the Committee on 

19 Homeland Security and Governmental Affairs 

20 of the Senate and the Committee on Homeland 

21 Security of the House of Representatives re22 garding the deviation under such subparagraph 

23 that is the subject of such exercise. If the Sec24 retary makes any changes to such deviation, the 

25 Secretary shall, not later than 90 days after 


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1 any such change, notify such committees re2 garding such change. 

3 (2) TRANSIT ZONE.— 

4 (A) NOTIFICATION.—The Secretary shall 

5 notify the Committee on Homeland Security 

6 and Governmental Affairs of the Senate, the 

7 Committee on Commerce, Science, and Trans8 portation of the Senate, the Committee on 

9 Homeland Security of the House of Representa10 tives, and the Committee on Transportation 

11 and Infrastructure of the House of Representa12 tives regarding the capability deployments for 

13 the transit zone specified in paragraph (18) of 

14 subsection (a), including information relating 

15 to— 

16 (i) the number and types of assets 

17 and personnel deployed; and 

18 (ii) the impact such deployments have 

19 on the capability of the Coast Guard to 

20 conduct its mission in the transit zone re21 ferred to in paragraph (18) of subsection 

22 (a). 

23 (B) ALTERATION.—The Secretary may 

24 alter the capability deployments referred to in 

25 this section if the Secretary— 


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1 (i) determines, after consultation with 

2 the committees referred to in subpara3 graph (A), that such alteration is nec4 essary; and 

5 (ii) not later than 30 days after mak6 ing a determination under clause (i), noti7 fies the committees referred to in such 

8 subparagraph regarding such alteration, 

9 including information relating to— 

10 (I) the number and types of as11 sets and personnel deployed pursuant 

12 to such alteration; and 

13 (II) the impact such alteration 

14 has on the capability of the Coast 

15 Guard to conduct its mission in the 

16 transit zone referred to in paragraph 

17 (18) of subsection (a). 

18 (c) EXIGENT CIRCUMSTANCES.— 

19 (1) IN GENERAL.—Notwithstanding subsection 

20 (b), the Secretary may deploy the capabilities re21 ferred to in subsection (a) in a manner that is incon22 sistent with the requirements specified in such sub23 section if, after the Secretary has deployed at least 

24 25 percent of such capabilities, the Secretary deter25 mines that exigent circumstances demand such an 


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1 inconsistent deployment or that such an inconsistent 

2 deployment is vital to the national security interests 

3 of the United States. 

4 (2) NOTIFICATION.—The Secretary shall notify 

5 the Committee on Homeland Security of the House 

6 of Representatives and the Committee on Homeland 

7 Security and Governmental Affairs of the Senate not 

8 later than 30 days after making a determination 

9 under paragraph (1). Such notification shall include 

10 a detailed justification regarding such determination. 

11 (d) INTEGRATION.—In carrying out subsection (a), 

12 the Secretary shall, to the greatest extent practicable, inte13 grate, within each sector or region of the southern border 

14 and northern border, as the case may be, the deployed ca15 pabilities specified in such subsection as necessary to 

16 achieve situational awareness and operational control of 

17 such borders. 

18 SEC. 1115. U.S. BORDER PATROL ACTIVITIES. 

19 The Chief of the U.S. Border Patrol shall prioritize 

20 the deployment of U.S. Border Patrol agents to as close 

21 to the physical land border as possible, consistent with 

22 border security enforcement priorities and accessibility to 

23 such areas. 


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1 SEC. 1116. 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 $300,000,000 (based on fiscal year 

13 2022 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 


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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 


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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 striking the items relating to sections 435 and 

10 436 and inserting the following new items: 

‘‘Sec. 435. Maritime operations coordination plan. 

‘‘Sec. 436. Maritime security capabilities assessments. 

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

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. 1117. NATIONAL GUARD SUPPORT TO SECURE THE 

17 SOUTHERN BORDER. 

18 (a) NATIONAL GUARD SUPPORT.— 

19 (1) AUTHORITY TO REQUEST.—The Secretary 

20 may, pursuant to chapter 15 of title 10, United 

21 States Code, request that the Secretary of Defense 

22 support the Secretary’s efforts to secure the south23 ern border of the United States. The Secretary of 


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1 Defense may authorize the provision of such support 

2 under section 502(f) of title 32, United States Code. 

3 (2) APPROVAL AND ORDER.—With the approval 

4 of the Secretary and the Secretary of Defense, the 

5 Governor of a State may order any units or per6 sonnel of the National Guard of such State to per7 form operations and missions under section 502(f) 

8 of title 32, United States Code, for the purpose of 

9 securing the southern border of the United States. 

10 (b) TYPES OF SUPPORT AUTHORIZED.—The support 

11 provided in accordance with subsection (a) may include— 

12 (1) construction of reinforced fencing or other 

13 physical barriers; 

14 (2) operation of ground-based surveillance sys15 tems; 

16 (3) deployment of manned aircraft, unmanned 

17 aerial surveillance systems, and ground-based sur18 veillance systems to support continuous surveillance 

19 of the southern border; and 

20 (4) intelligence analysis support. 

21 (c) MATERIEL AND LOGISTICAL SUPPORT.—The Sec22 retary of Defense may deploy such materiel, equipment, 

23 and logistics support as may be necessary to ensure the 

24 effectiveness of the assistance provided under subsection 

25 (a). 


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1 (d) READINESS.—To ensure that the use of units and 

2 personnel of the National Guard of a State authorized 

3 pursuant to this section does not degrade the training and 

4 readiness of such units and personnel, the Secretary of 

5 Defense shall consider the following requirements when 

6 authorizing or approving support under subsection (a): 

7 (1) The performance of such support may not 

8 affect adversely the quality of such training or readi9 ness or otherwise interfere with the ability of a unit 

10 or personnel of the National Guard of a State to 

11 perform the military functions of such member or 

12 unit. 

13 (2) The performance of such support may not 

14 degrade the military skills of the units or personnel 

15 of the National Guard of a State performing such 

16 support. 

17 (e) REPORT ON READINESS.—Upon the request of 

18 the Secretary, the Secretary of Defense shall provide to 

19 the Secretary a report on the readiness of units and per20 sonnel of the National Guard that the Secretary of De21 fense determines are capable of providing such support. 

22 (f) REIMBURSEMENT NOTIFICATION.—Prior to pro23 viding any support under subsection (a), the Secretary of 

24 Defense shall notify the Secretary whether the requested 


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1 support will be reimbursed under section 277 of title 10, 

2 United States Code. 

3 (g) REIMBURSEMENT TO STATES.—The Secretary of 

4 Defense may reimburse a State for costs incurred in the 

5 deployment of any units or personnel of the National 

6 Guard pursuant to subsection (a). 

7 (h) RELATIONSHIP TO OTHER LAWS.—Nothing in 

8 this section may be construed as affecting the authorities 

9 under chapter 9 of title 32, United States Code. 

10 (i) REPORTS.— 

11 (1) IN GENERAL.—Not later than 180 days 

12 after the date of the enactment of this Act and bian13 nually thereafter through December 31, 2025, the 

14 Secretary of Defense shall submit to the appropriate 

15 congressional defense committees (as defined in sec16 tion 101(a)(16) of title 10, United States Code) a 

17 report regarding any support provided pursuant to 

18 subsection (a) for the six-month period preceding 

19 each such report. 

20 (2) ELEMENTS.—Each report under paragraph 

21 (1) shall include a description of— 

22 (A) the support provided; and 

23 (B) the sources and amounts of funds obli24 gated and expended to provide such support. 


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1 SEC. 1118. PROHIBITIONS ON ACTIONS THAT IMPEDE BOR2 DER SECURITY ON CERTAIN FEDERAL LAND. 

3 (a) PROHIBITION ON INTERFERENCE WITH U.S. 

4 CUSTOMS AND BORDER PROTECTION.— 

5 (1) IN GENERAL.—The Secretary concerned 

6 may not impede, prohibit, or restrict activities of 

7 U.S. Customs and Border Protection on covered 

8 Federal land to carry out the activities described in 

9 subsection (b). 

10 (2) APPLICABILITY.—The authority of U.S. 

11 Customs and Border Protection to conduct activities 

12 described in subsection (b) on covered Federal land 

13 applies without regard to whether a state of emer14 gency exists. 

15 (b) AUTHORIZED ACTIVITIES OF U.S. CUSTOMS AND

16 BORDER PROTECTION.— 

17 (1) IN GENERAL.—U.S. Customs and Border 

18 Protection shall have immediate access to covered 

19 Federal land to conduct the activities described in 

20 paragraph (2) on such land to prevent all unlawful 

21 entries into the United States, including entries by 

22 terrorists, unlawful aliens, instruments of terrorism, 

23 narcotics, and other contraband through the south24 ern border or the northern border. 

25 (2) ACTIVITIES DESCRIBED.—The activities de26 scribed in this paragraph are— 


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1 (A) carrying out section 102 of the Illegal 

2 Immigration Reform and Immigrant Responsi3 bility Act of 1996 (Division C of Public Law 

4 104–208; 8 U.S.C. 1103 note), as amended by 

5 section 1111 of this division; 

6 (B) the execution of search and rescue op7 erations; 

8 (C) the use of motorized vehicles, foot pa9 trols, and horseback to patrol the border area, 

10 apprehend illegal entrants, and rescue individ11 uals; and 

12 (D) the remediation of tunnels used to fa13 cilitate unlawful immigration or other illicit ac14 tivities. 

15 (c) CLARIFICATION RELATING TO WAIVER AUTHOR16 ITY.— 

17 (1) IN GENERAL.—The activities of U.S. Cus18 toms and Border Protection described in subsection 

19 (b)(2) may be carried out without regard to the pro20 visions of law specified in paragraph (2). 

21 (2) PROVISIONS OF LAW SPECIFIED.—The pro22 visions of law specified in this section are all Fed23 eral, State, or other laws, regulations, and legal re24 quirements of, deriving from, or related to the sub25 ject of, the following laws: 


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1 (A) The National Environmental Policy 

2 Act of 1969 (42 U.S.C. 4321 et seq.). 

3 (B) The Endangered Species Act of 1973 

4 (16 U.S.C. 1531 et seq.). 

5 (C) The Federal Water Pollution Control 

6 Act (33 U.S.C. 1251 et seq.) (commonly re7 ferred to as the ‘‘Clean Water Act’’). 

8 (D) Division A of subtitle III of title 54, 

9 United States Code (54 U.S.C. 300301 et seq.) 

10 (formerly known as the ‘‘National Historic 

11 Preservation Act’’). 

12 (E) The Migratory Bird Treaty Act (16 

13 U.S.C. 703 et seq.). 

14 (F) The Clean Air Act (42 U.S.C. 7401 et 

15 seq.). 

16 (G) The Archaeological Resources Protec17 tion Act of 1979 (16 U.S.C. 470aa et seq.). 

18 (H) The Safe Drinking Water Act (42 

19 U.S.C. 300f et seq.). 

20 (I) The Noise Control Act of 1972 (42 

21 U.S.C. 4901 et seq.). 

22 (J) The Solid Waste Disposal Act (42 

23 U.S.C. 6901 et seq.). 


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1 (K) The Comprehensive Environmental 

2 Response, Compensation, and Liability Act of 

3 1980 (42 U.S.C. 9601 et seq.). 

4 (L) Chapter 3125 of title 54, United 

5 States Code (formerly known as the ‘‘Archae6 ological and Historic Preservation Act’’). 

7 (M) The Antiquities Act (16 U.S.C. 431 et 

8 seq.). 

9 (N) Chapter 3203 of title 54, United 

10 States Code (formerly known as the ‘‘Historic 

11 Sites, Buildings, and Antiquities Act’’). 

12 (O) The Wild and Scenic Rivers Act (16 

13 U.S.C. 1271 et seq.). 

14 (P) The Farmland Protection Policy Act 

15 (7 U.S.C. 4201 et seq.). 

16 (Q) The Coastal Zone Management Act of 

17 1972 (16 U.S.C. 1451 et seq.). 

18 (R) The Wilderness Act (16 U.S.C. 1131 

19 et seq.). 

20 (S) The Federal Land Policy and Manage21 ment Act of 1976 (43 U.S.C. 1701 et seq.). 

22 (T) The National Wildlife Refuge System 

23 Administration Act of 1966 (16 U.S.C. 668dd 

24 et seq.). 


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1 (U) The Fish and Wildlife Act of 1956 (16 

2 U.S.C. 742a et seq.). 

3 (V) The Fish and Wildlife Coordination 

4 Act (16 U.S.C. 661 et seq.). 

5 (W) Subchapter II of chapter 5, and chap6 ter 7, of title 5, United States Code (commonly 

7 known as the ‘‘Administrative Procedure Act’’). 

8 (X) The Otay Mountain Wilderness Act of 

9 1999 (Public Law 106–145). 

10 (Y) Sections 102(29) and 103 of the Cali11 fornia Desert Protection Act of 1994 (Public 

12 Law 103–433). 

13 (Z) Division A of subtitle I of title 54, 

14 United States Code (formerly known as the 

15 ‘‘National Park Service Organic Act’’). 

16 (AA) The National Park Service General 

17 Authorities Act (Public Law 91–383, 16 U.S.C. 

18 1a–1 et seq.). 

19 (BB) Sections 401(7), 403, and 404 of the 

20 National Parks and Recreation Act of 1978 

21 (Public Law 95–625). 

22 (CC) Sections 301(a) through (f) of the 

23 Arizona Desert Wilderness Act (Public Law 

24 101–628). 


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1 (DD) The Rivers and Harbors Act of 1899 

2 (33 U.S.C. 403). 

3 (EE) The Eagle Protection Act (16 U.S.C. 

4 668 et seq.). 

5 (FF) The Native American Graves Protec6 tion and Repatriation Act (25 U.S.C. 3001 et 

7 seq.). 

8 (GG) The American Indian Religious Free9 dom Act (42 U.S.C. 1996). 

10 (HH) The National Forest Management 

11 Act of 1976 (16 U.S.C. 1600 et seq.). 

12 (II) The Multiple Use and Sustained Yield 

13 Act of 1960 (16 U.S.C. 528 et seq.). 

14 (3) APPLICABILITY OF WAIVER TO SUCCESSOR

15 LAWS.—If a provision of law specified in paragraph 

16 (2) was repealed and incorporated into title 54, 

17 United States Code, after April 1, 2008, and before 

18 the date of the enactment of this Act, the waiver de19 scribed in paragraph (1) shall apply to the provision 

20 of such title that corresponds to the provision of law 

21 specified in paragraph (2) to the same extent the 

22 waiver applied to that provision of law. 

23 (4) SAVINGS CLAUSE.—The waiver authority 

24 under this subsection may not be construed as af25 fecting, negating, or diminishing in any manner the 


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1 applicability of section 552 of title 5, United States 

2 Code (commonly referred to as the ‘‘Freedom of In3 formation Act’’), in any relevant matter. 

4 (d) PROTECTION OF LEGAL USES.—This section may 

5 not be construed to provide— 

6 (1) authority to restrict legal uses, such as 

7 grazing, hunting, mining, or recreation or the use of 

8 backcountry airstrips, on land under the jurisdiction 

9 of the Secretary of the Interior or the Secretary of 

10 Agriculture; or 

11 (2) any additional authority to restrict legal ac12 cess to such land. 

13 (e) EFFECT ON STATE AND PRIVATE LAND.—This 

14 section shall— 

15 (1) have no force or effect on State lands or 

16 private lands; and 

17 (2) not provide authority on or access to State 

18 lands or private lands. 

19 (f) TRIBAL SOVEREIGNTY.—Nothing in this section 

20 may be construed to supersede, replace, negate, or dimin21 ish treaties or other agreements between the United States 

22 and Indian tribes. 

23 (g) MEMORANDA OF UNDERSTANDING.—The re24 quirements of this section shall not apply to the extent 

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1 randum of understanding or similar agreement entered 

2 into between the Commissioner and a National Park Unit 

3 before the date of the enactment of this Act. 

4 (h) DEFINITIONS.—In this section: 

5 (1) COVERED FEDERAL LAND.—The term ‘‘cov6 ered Federal land’’ includes all land under the con7 trol of the Secretary concerned that is located within 

8 100 miles of the southern border or the northern 

9 border. 

10 (2) SECRETARY CONCERNED.—The term ‘‘Sec11 retary concerned’’ means— 

12 (A) with respect to land under the jurisdic13 tion of the Department of Agriculture, the Sec14 retary of Agriculture; and 

15 (B) with respect to land under the jurisdic16 tion of the Department of the Interior, the Sec17 retary of the Interior. 

18 SEC. 1119. LANDOWNER AND RANCHER SECURITY EN19 HANCEMENT. 

20 (a) ESTABLISHMENT OF NATIONAL BORDER SECU21 RITY ADVISORY COMMITTEE.—The Secretary shall estab22 lish a National Border Security Advisory Committee, 

23 which— 


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1 (1) may advise, consult with, report to, and 

2 make recommendations to the Secretary on matters 

3 relating to border security matters, including— 

4 (A) verifying security claims and the bor5 der security metrics established by the Depart6 ment of Homeland Security under section 1092 

7 of the National Defense Authorization Act for 

8 Fiscal Year 2017 (Public Law 114–328; 6 

9 U.S.C. 223); and 

10 (B) discussing ways to improve the secu11 rity of high traffic areas along the northern 

12 border and the southern border; and 

13 (2) may provide, through the Secretary, rec14 ommendations to Congress. 

15 (b) CONSIDERATION OF VIEWS.—The Secretary shall 

16 consider the information, advice, and recommendations of 

17 the National Border Security Advisory Committee in for18 mulating policy regarding matters affecting border secu19 rity. 

20 (c) MEMBERSHIP.—The National Border Security 

21 Advisory Committee shall consist of at least one member 

22 from each State who— 

23 (1) has at least five years practical experience 

24 in border security operations; or 


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1 (2) lives and works in the United States within 

2 80 miles from the southern border or the northern 

3 border. 

4 (d) NONAPPLICABILITY OF FEDERAL ADVISORY

5 COMMITTEE ACT.—The Federal Advisory Committee Act 

6 (5 U.S.C. App.) shall not apply to the National Border 

7 Security Advisory Committee. 

8 SEC. 1120. ERADICATION OF CARRIZO CANE AND SALT 

9 CEDAR. 

10 (a) IN GENERAL.—The Secretary, in coordination 

11 with the heads of the relevant Federal, State, and local 

12 agencies, shall begin eradicating the carrizo cane plant 

13 and any salt cedar along the Rio Grande River that im14 pedes border security operations. 

15 (b) EXTENT.—The waiver authority under subsection 

16 (c) of section 102 of the Illegal Immigration Reform and 

17 Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 

18 note), as amended by section 4 of this Act, shall extend 

19 to activities carried out pursuant to subsection (a). 

20 SEC. 1121. SOUTHERN BORDER THREAT ANALYSIS, BORDER 

21 PATROL STRATEGIC PLAN, AND NORTHERN 

22 BORDER THREAT ANALYSIS. 

23 (a) SOUTHER BORDER THREAT ANALYSIS.— 

24 (1) REQUIREMENT.—Not later than 180 days 

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1 retary shall submit to the Committee on Homeland 

2 Security of the House of Representatives and the 

3 Committee on Homeland Security and Governmental 

4 Affairs of the Senate a Southern border threat anal5 ysis. 

6 (2) CONTENTS.—The analysis submitted under 

7 paragraph (1) shall include an assessment of— 

8 (A) current and potential terrorism and 

9 criminal threats posed by individuals and orga10 nized groups seeking— 

11 (i) to unlawfully enter the United 

12 States through the Southern border; or 

13 (ii) to exploit security vulnerabilities 

14 along the Southern border; 

15 (B) improvements needed at and between 

16 ports of entry along the Southern border to pre17 vent terrorists and instruments of terror from 

18 entering the United States; 

19 (C) gaps in law, policy, and coordination 

20 between State, local, or tribal law enforcement, 

21 international agreements, or tribal agreements 

22 that hinder effective and efficient border secu23 rity, counterterrorism, and anti-human smug24 gling and trafficking efforts; 


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1 (D) the current percentage of situational 

2 awareness achieved by the Department along 

3 the Southern border; 

4 (E) the current percentage of operational 

5 control achieved by the Department on the 

6 Southern border; and 

7 (F) traveler crossing times and any poten8 tial security vulnerability associated with pro9 longed wait times. 

10 (3) ANALYSIS REQUIREMENTS.—In compiling 

11 the Southern border threat analysis required under 

12 this subsection, the Secretary shall consider and ex13 amine— 

14 (A) the technology needs and challenges, 

15 including such needs and challenges identified 

16 as a result of previous investments that have 

17 not fully realized the security and operational 

18 benefits that were sought; 

19 (B) the personnel needs and challenges, in20 cluding such needs and challenges associated 

21 with recruitment and hiring; 

22 (C) the infrastructure needs and chal23 lenges; 


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1 (D) the roles and authorities of State, 

2 local, and tribal law enforcement in general bor3 der security activities; 

4 (E) the status of coordination among Fed5 eral, State, local, tribal, and Mexican law en6 forcement entities relating to border security; 

7 (F) the terrain, population density, and cli8 mate along the Southern border; and 

9 (G) the international agreements between 

10 the United States and Mexico related to border 

11 security. 

12 (4) CLASSIFIED FORM.—To the extent possible, 

13 the Secretary shall submit the Southern border 

14 threat analysis required under this subsection in un15 classified form, but may submit a portion of the 

16 threat analysis in classified form if the Secretary de17 termines such action is appropriate. 

18 (b) IN GENERAL.—Not later than one year after the 

19 date of enactment of this section and every 2 years there20 after, the Secretary, acting through the Chief of the U.S. 

21 Border Patrol, shall issue a Border Patrol Strategic Plan 

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

23 security of the international borders of the United States. 

24 (c) ELEMENTS.—The plan shall include the following: 


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1 (1) A consideration of Border Patrol Capability 

2 Gap Analysis reporting, Border Security Improve3 ment Plans, and any other strategic document au4 thored by the U.S. Border Patrol to address security 

5 gaps with respect to ports of entry, including efforts 

6 to mitigate threats identified in such analyses, plans, 

7 and documents. 

8 (2) Information relating to the dissemination of 

9 information relating to border security or border 

10 threats with respect to the efforts of the Department 

11 and other appropriate Federal agencies. 

12 (3) Information relating to efforts by U.S. Bor13 der Patrol to— 

14 (A) increase situational awareness, includ15 ing— 

16 (i) surveillance capabilities, such as 

17 capabilities developed or utilized by the 

18 Department of Defense, and any appro19 priate technology determined to be excess 

20 by the Department of Defense; and 

21 (ii) the use of manned aircraft and 

22 unmanned aircraft systems; 

23 (B) detect and prevent terrorists and in24 struments of terrorism from entering the 

25 United States; 


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1 (C) detect, interdict, and disrupt human 

2 smuggling, human trafficking, drug trafficking 

3 and other illicit cross-border activity; 

4 (D) focus intelligence collection to disrupt 

5 transnational criminal organizations outside of 

6 the international and maritime borders of the 

7 United States; and 

8 (E) ensure that any new border security 

9 technology can be operationally integrated with 

10 existing technologies in use by the Department. 

11 (4) Information relating to initiatives of the De12 partment with respect to operational coordination, 

13 including any relevant task forces of the Depart14 ment. 

15 (5) Information gathered from the lessons 

16 learned by the deployments of the National Guard to 

17 the southern border of the United States. 

18 (6) A description of cooperative agreements re19 lating to information sharing with State, local, Trib20 al, territorial, and other Federal law enforcement 

21 agencies that have jurisdiction on the border. 

22 (7) Information relating to border security in23 formation received from— 

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

25 other Federal law enforcement agencies that 


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1 have jurisdiction on the border or in the mari2 time environment; and 

3 (B) border community stakeholders, in4 cluding representatives from— 

5 (i) border agricultural and ranching 

6 organizations; and 

7 (ii) business and civic organizations. 

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 southern border. 

14 (10) An assessment of training programs, in15 cluding such programs relating to— 

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; and 

21 (C) screening, identifying, and addressing 

22 vulnerable populations, such as children and 

23 victims of human trafficking. 

24 (d) NORTHERN BORDER THREAT ANALYSIS.—Not 

25 later than 180 days after the date of the enactment of 


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1 this Act, the Secretary shall submit to 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 an update of the Northern Border 

5 Threat Analysis as required in the Northern Border Secu6 rity Review Act (Public Law 114–267). 

7 SEC. 1122. AMENDMENTS TO U.S. CUSTOMS AND BORDER 

8 PROTECTION. 

9 (a) DUTIES.—Subsection (c) of section 411 of the 

10 Homeland Security Act of 2002 (6 U.S.C. 211) is amend11 ed— 

12 (1) in paragraph (18), by striking ‘‘and’’ after 

13 the semicolon at the end; 

14 (2) by redesignating paragraph (19) as para15 graph (21); and 

16 (3) by inserting after paragraph (18) the fol17 lowing new paragraphs: 

18 ‘‘(19) administer the U.S. Customs and Border 

19 Protection public private partnerships under subtitle 

20 G; 

21 ‘‘(20) administer preclearance operations under 

22 the Preclearance Authorization Act of 2015 (19 

23 U.S.C. 4431 et seq.; enacted as subtitle B of title 

24 VIII of the Trade Facilitation and Trade Enforce25 ment Act of 2015; 19 U.S.C. 4301 et seq.); and’’. 


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1 (b) OFFICE OF FIELD OPERATIONS STAFFING.— 

2 Subparagraph (A) of section 411(g)(5) of the Homeland 

3 Security Act of 2002 (6 U.S.C. 211(g)(5)) is amended by 

4 inserting before the period at the end the following: ‘‘com5 pared to the number indicated by the current fiscal year 

6 work flow staffing model’’. 

7 (c) IMPLEMENTATION PLAN.—Subparagraph (B) of 

8 section 814(e)(1) of the Preclearance Authorization Act 

9 of 2015 (19 U.S.C. 4433(e)(1); enacted as subtitle B of 

10 title VIII of the Trade Facilitation and Trade Enforce11 ment Act of 2015; 19 U.S.C. 4301 et seq.) is amended 

12 to read as follows: 

13 ‘‘(B) a port of entry vacancy rate which 

14 compares the number of officers identified in 

15 subparagraph (A) with the number of officers 

16 at the port at which such officer is currently as17 signed.’’. 

18 (d) DEFINITION.—Subsection (r) of section 411 of 

19 the Homeland Security Act of 2002 (6 U.S.C. 211) is 

20 amended— 

21 (1) by striking ‘‘this section, the terms’’ and in22 serting the following: ‘‘this section: 

23 ‘‘(1) the terms’’; 


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1 (2) in paragraph (1), as added by subparagraph 

2 (A), by striking the period at the end and inserting 

3 ‘‘; and’’; and 

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

5 paragraph: 

6 ‘‘(2) the term ‘unmanned aerial systems’ has 

7 the meaning given the term ‘unmanned aircraft sys8 tem’ in section 331 of the FAA Modernization and 

9 Reform Act of 2012 (Public Law 112–95; 49 U.S.C. 

10 40101 note).’’. 

11 SEC. 1123. AGENT AND OFFICER TECHNOLOGY USE. 

12 In carrying out section 102 of the Illegal Immigration 

13 Reform and Immigrant Responsibility Act of 1996 (as 

14 amended by section 1111 of this division) and section 

15 1113 of this division, the Secretary shall, to the greatest 

16 extent practicable, ensure that technology deployed to gain 

17 situational awareness and operational control of the bor18 der be provided to front-line officers and agents of the De19 partment of Homeland Security. 

20 SEC. 1124. INTEGRATED BORDER ENFORCEMENT TEAMS. 

21 (a) IN GENERAL.—Subtitle D of title IV of the 

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

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


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1 ‘‘SEC. 447. INTEGRATED BORDER ENFORCEMENT TEAMS. 

2 ‘‘(a) ESTABLISHMENT.—There is established within 

3 the Department a program to be known as the Integrated 

4 Border Enforcement Team program (referred to in this 

5 section as ‘IBET’) for the purposes described in sub6 section (b). 

7 ‘‘(b) PURPOSES.—The purposes described in this 

8 subsection are the following: 

9 ‘‘(1) Enhance cooperation between the United 

10 States and Canada with respect to border security. 

11 ‘‘(2) Enhance security between designated ports 

12 of entry. 

13 ‘‘(3) Detect, investigate, prevent, and respond 

14 to terrorism, transnational criminal organizations, 

15 and other violations of law related to border secu16 rity. 

17 ‘‘(4) Facilitate collaboration among components 

18 and offices within the Department and international 

19 partners. 

20 ‘‘(5) Execute coordinated activities in further21 ance of border security and homeland security. 

22 ‘‘(6) Enhance information sharing, including 

23 the dissemination of homeland security information 

24 among such components and offices of the Depart25 ment and international partners. 


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1 ‘‘(c) COMPOSITION AND ESTABLISHMENT OF

2 UNITS.— 

3 ‘‘(1) COMPOSITION.—IBET units may be com4 posed of personnel from the following: 

5 ‘‘(A) U.S. Customs and Border Protection. 

6 ‘‘(B) U.S. Immigration and Customs En7 forcement, led by Homeland Security Investiga8 tions. 

9 ‘‘(C) Other Department personnel, as ap10 propriate. 

11 ‘‘(D) Other Federal, State, local, Tribal, 

12 and foreign law enforcement agencies, as appro13 priate. 

14 ‘‘(E) Other appropriate personnel at the 

15 discretion of the Secretary. 

16 ‘‘(2) ESTABLISHMENT OF UNITS.— 

17 ‘‘(A) IN GENERAL.—The Secretary may es18 tablish IBET units in regions in which such 

19 units can contribute to the purpose of IBET. 

20 ‘‘(B) ASSESSMENT.—Prior to establishing 

21 an IBET unit pursuant to subparagraph (A), 

22 the Secretary shall assess the establishment of 

23 such unit in a particular region with the fol24 lowing criteria: 


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1 ‘‘(i) The likelihood that the establish2 ment of such unit in such region would sig3 nificantly mitigate cross-border threats, in4 cluding such threats posed by 

5 transnational criminal organizations and 

6 terrorist groups. 

7 ‘‘(ii) The availability of Federal, 

8 State, local, Tribal, and foreign law en9 forcement resources to participate in such 

10 unit. 

11 ‘‘(iii) Whether the establishment of 

12 such unit would duplicate the efforts of ex13 isting interagency task forces or centers 

14 within such region, including the Border 

15 Enforcement Security Task Force estab16 lished under section 432. 

17 ‘‘(d) OPERATION.—After establishing an IBET unit 

18 pursuant to paragraph (2) of subsection (c), the Secretary 

19 may— 

20 ‘‘(1) direct the assignment of Federal personnel 

21 to such unit; 

22 ‘‘(2) take other actions to assist Federal, State, 

23 local, and Tribal entities to participate in such unit, 

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1 ational, administrative, and technological costs asso2 ciated with such participation; 

3 ‘‘(3) direct the development of policy and guid4 ance necessary to identify, assess, and integrate the 

5 available partner resources in relevant border sector 

6 security assessments and resource planning docu7 ments; 

8 ‘‘(4) establish targets and performance meas9 ures for such unit; and 

10 ‘‘(5) direct leadership of such unit to monitor 

11 the progress with respect to such targets and per12 formance measures. 

13 ‘‘(e) COORDINATION.—The Secretary shall coordinate 

14 IBET activities with other similar border security and 

15 antiterrorism programs within the Department in accord16 ance with the strategic objectives of the Cross-Border Law 

17 Enforcement Advisory Committee. 

18 ‘‘(f) MEMORANDA OF UNDERSTANDING.—The Sec19 retary may enter into memoranda of understanding with 

20 appropriate representatives of the entities specified in 

21 paragraph (1) of subsection (c), as necessary, to carry out 

22 this section. 

23 ‘‘(g) REPORT.—Not later than 180 days after the 

24 date on which IBET is established and annually thereafter 

25 for the following six years, the Secretary shall submit to 


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1 the Committee on Homeland Security of the House of 

2 Representatives and the Committee on Homeland Security 

3 and Governmental Affairs of the Senate a report that— 

4 ‘‘(1) describes the effectiveness of IBET units 

5 in fulfilling the purposes specified in subsection (b); 

6 ‘‘(2) identifies challenges on the sustainment of 

7 cross-border IBET operations, including challenges 

8 faced by international partners, and planned correc9 tive actions; 

10 ‘‘(3) identifies costs associated with IBET units 

11 disaggregated by relevant categories designated at 

12 the discretion of the Secretary; 

13 ‘‘(4) identifies ways to support joint training 

14 for IBET stakeholder agencies and radio interoper15 ability to allow for secure cross-border radio commu16 nications; and 

17 ‘‘(5) identifies and assesses ways IBET, Border 

18 Tunnel Task Forces, Border Enforcement Security 

19 Task Forces, and the Integrated Cross-Border Mari20 time Law Enforcement Operation Program can bet21 ter align operations, including interdiction and inves22 tigation activities.’’. 

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

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


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1 amended by inserting after the item relating to section 

2 446 the following new item: 

‘‘Sec. 447. Integrated Border Enforcement Teams.’’. 

3 SEC. 1125. TUNNEL TASK FORCES. 

4 The Secretary is authorized to establish Tunnel Task 

5 Forces for the purposes of detecting and remediating tun6 nels that breach the international border of the United 

7 States. 

8 SEC. 1126. PILOT PROGRAM ON USE OF ELECTRO9 MAGNETIC SPECTRUM IN SUPPORT OF BOR10 DER SECURITY OPERATIONS. 

11 (a) IN GENERAL.—The Commissioner, in consulta12 tion with the Assistant Secretary of Commerce for Com13 munications and Information, shall conduct a pilot pro14 gram to test and evaluate the use of electromagnetic spec15 trum by U.S. Customs and Border Protection in support 

16 of border security operations through— 

17 (1) ongoing management and monitoring of 

18 spectrum to identify threats such as unauthorized 

19 spectrum use, and the jamming and hacking of 

20 United States communications assets, by persons en21 gaged in criminal enterprises; 

22 (2) automated spectrum management to enable 

23 greater efficiency and speed for U.S. Customs and 

24 Border Protection in addressing emerging challenges 


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1 in overall spectrum use on the United States border; 

2 and 

3 (3) coordinated use of spectrum resources to 

4 better facilitate interoperability and interagency co5 operation and interdiction efforts at or near the 

6 United States border. 

7 (b) REPORT TO CONGRESS.—Not later than 180 days 

8 after the conclusion of the pilot program conducted under 

9 subsection (a), the Commissioner shall submit to the Com10 mittee on Homeland Security and the Committee on En11 ergy and Commerce of the House of Representatives and 

12 the Committee on Homeland Security and Governmental 

13 Affairs and the Committee on Commerce, Science, and 

14 Transportation of the Senate a report on the findings and 

15 data derived from such program. 

16 SEC. 1127. FOREIGN MIGRATION ASSISTANCE. 

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

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

19 as amended by sections 1115 and 1123 of this division, 

20 is further amended by adding at the end the following new 

21 section: 

22 ‘‘SEC. 439. FOREIGN MIGRATION ASSISTANCE. 

23 ‘‘(a) IN GENERAL.—The Secretary, with the concur24 rence of the Secretary of State, may provide to a foreign 

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1 ations to address migration flows that may affect the 

2 United States. 

3 ‘‘(b) DETERMINATION.—Assistance provided under 

4 subsection (a) may be provided only if such assistance 

5 would enhance the recipient government’s capacity to ad6 dress irregular migration flows that may affect the United 

7 States, including through related detention or removal op8 erations by the recipient government, including procedures 

9 to screen and provide protection for certain individuals. 

10 ‘‘(c) REIMBURSEMENT OF EXPENSES.—The Sec11 retary may, if appropriate, seek reimbursement from the 

12 receiving foreign government for the provision of financial 

13 assistance under this section. 

14 ‘‘(d) RECEIPTS CREDITED AS OFFSETTING COLLEC15 TIONS.—Notwithstanding section 3302 of title 31, United 

16 States Code, any reimbursement collected pursuant to 

17 subsection (c) shall— 

18 ‘‘(1) be credited as offsetting collections to the 

19 account that finances the financial assistance under 

20 this section for which such reimbursement is re21 ceived; and 

22 ‘‘(2) remain available until expended for the 

23 purpose of carrying out this section. 


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1 ‘‘(e) EFFECTIVE PERIOD.—The authority provided 

2 under this section shall remain in effect until September 

3 30, 2026. 

4 ‘‘(f) DEVELOPMENT AND PROGRAM EXECUTION.— 

5 The Secretary and the Secretary of State shall jointly de6 velop and implement any financial assistance under this 

7 section. 

8 ‘‘(g) RULE OF CONSTRUCTION.—Nothing in this sec9 tion may be construed as affecting, augmenting, or dimin10 ishing the authority of the Secretary of State. 

11 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—In ad12 dition to amounts otherwise authorized to be appropriated 

13 for such purpose, there is authorized to be appropriated 

14 $50,000,000 for fiscal years 2022 through 2026 to carry 

15 out this section.’’. 

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

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

18 amended by inserting after the item relating to section 

19 438 the following new item: 

‘‘Sec. 439. Foreign migration assistance.’’. 

20 SEC. 1128. BIOMETRIC IDENTIFICATION TRANSNATIONAL 

21 MIGRATION ALERT PROGRAM. 

22 (a) IN GENERAL.—Subtitle D of title IV of the 

23 Homeland Security Act of 2002 (6 U.S.C. 251 et seq.) 

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


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1 ‘‘SEC. 447. BIOMETRIC IDENTIFICATION TRANSNATIONAL 

2 MIGRATION ALERT PROGRAM. 

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

4 Department a program to be known as the Biometric 

5 Identification Transnational Migration Alert Program (re6 ferred to in this section as ‘BITMAP’) to address and re7 duce national security, border security, and public safety 

8 threats before such threats reach the international border 

9 of the United States. 

10 ‘‘(b) DUTIES.—In carrying out BITMAP operations, 

11 the Secretary, acting through the Director of U.S. Immi12 gration and Customs Enforcement, shall— 

13 ‘‘(1) provide, when necessary, capabilities, 

14 training, and equipment, to the government of a for15 eign country to collect biometric and biographic 

16 identification data from individuals to identify, pre17 vent, detect, and interdict high-risk individuals iden18 tified as national security, border security, or public 

19 safety threats who may attempt to enter the United 

20 States utilizing illicit pathways; 

21 ‘‘(2) provide capabilities to the government of a 

22 foreign country to compare foreign data against ap23 propriate United States national security, border se24 curity, public safety, immigration, and counterter25 rorism data, including— 


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1 ‘‘(A) the Federal Bureau of Investigation’s 

2 Terrorist Screening Database, or successor 

3 database; 

4 ‘‘(B) the Federal Bureau of Investigation’s 

5 Next Generation Identification database, or suc6 cessor database; 

7 ‘‘(C) the Department of Defense Auto8 mated Biometric Identification System (com9 monly known as ‘ABIS’), or successor database; 

10 ‘‘(D) the Department’s Automated Biomet11 ric Identification System (commonly known as 

12 ‘IDENT’), or successor database; and 

13 ‘‘(E) any other database, notice, or means 

14 that the Secretary, in consultation with the 

15 heads of other Federal departments and agen16 cies responsible for such databases, notices, or 

17 means, designates; and 

18 ‘‘(3) ensure biometric and biographic identifica19 tion data collected pursuant to BITMAP are incor20 porated into appropriate United States Government 

21 databases, in compliance with the policies and proce22 dures established by the Privacy Officer appointed 

23 under section 222. 

24 ‘‘(c) COLLABORATION.—The Secretary shall ensure 

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1 evant components of the Department, and, as appropriate, 

2 request participation from other Federal agencies. 

3 ‘‘(d) COORDINATION.—The Secretary shall coordi4 nate with the Secretary of State, appropriate representa5 tives of foreign governments, and the heads of other Fed6 eral agencies, as appropriate, to carry out paragraph (1) 

7 of subsection (b). 

8 ‘‘(e) AGREEMENTS.—Before carrying out BITMAP 

9 operations in a foreign country that, as of the date of the 

10 enactment of this section, was not a partner country de11 scribed in this section, the Secretary, with the concurrence 

12 of the Secretary of State, shall enter into an agreement 

13 or arrangement with the government of such country that 

14 outlines such operations in such country, including related 

15 departmental operations. Such country shall be a partner 

16 country described in this section pursuant to and for pur17 poses of such agreement or arrangement. 

18 ‘‘(f) NOTIFICATION TO CONGRESS.—Not later than 

19 60 days before an agreement with the government of a 

20 foreign country to carry out BITMAP operations in such 

21 foreign country enters into force, the Secretary shall pro22 vide the Committee on Homeland Security of the House 

23 of Representatives and the Committee on Homeland Secu24 rity and Governmental Affairs of the Senate with a copy 


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1 of the agreement to establish such operations, which shall 

2 include— 

3 ‘‘(1) the identification of the foreign country 

4 with which the Secretary intends to enter into such 

5 an agreement; 

6 ‘‘(2) the location at which such operations will 

7 be conducted; and 

8 ‘‘(3) the terms and conditions for Department 

9 personnel operating at such location.’’. 

10 (b) REPORT.—Not later than 180 days after the date 

11 on which the Biometric Identification Transnational Mi12 gration Alert Program (BITMAP) is established under 

13 section 447 of the Homeland Security Act of 2002 (as 

14 added by subsection (a) of this section) and annually 

15 thereafter for the following five years, the Secretary of 

16 Homeland Security shall submit to the Committee on 

17 Homeland Security of the House of Representatives and 

18 the Committee on Homeland Security and Governmental 

19 Affairs of the Senate a report that details the effectiveness 

20 of BITMAP operations in enhancing national security, 

21 border security, and public safety. 

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

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

24 amended by inserting after the item relating to section 

25 446 the following new item: 

‘‘Sec. 447. Biometric Identification Transnational Migration Alert Program.’’. 


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1 SEC. 1129. BORDER AND PORT SECURITY TECHNOLOGY IN2 VESTMENT PLAN. 

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

4 date of the enactment of this section, the Commissioner, 

5 in consultation with covered officials and border and port 

6 security technology stakeholders, shall submit to the ap7 propriate congressional committees a strategic 5-year 

8 technology investment plan (in this section to be referred 

9 to as the ‘‘plan’’). The plan may include a classified annex, 

10 if appropriate. 

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

12 following: 

13 (1) An analysis of security risks with respect to 

14 ports of entry along the northern and southern bor15 ders of the United States. 

16 (2) An identification of capability gaps with re17 spect to security at such ports of entry. 

18 (3) An analysis of current and forecast trends 

19 relating to the number of aliens who— 

20 (A) unlawfully entered the United States 

21 by crossing the northern or southern border of 

22 the United States; or 

23 (B) are unlawfully present in the United 

24 States. 

25 (4) A description of security-related technology 

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1 dress the security risks and capability gaps identi2 fied pursuant to paragraphs (1) and (2), respec3 tively. 

4 (5) A description of each planned security-re5 lated technology program, including objectives, goals, 

6 and timelines for each such program. 

7 (6) An identification of each deployed security8 related technology that is at or near the end of the 

9 life cycle of such technology. 

10 (7) A description of the test, evaluation, mod11 eling, and simulation capabilities, including target 

12 methodologies, rationales, and timelines, necessary 

13 to support the acquisition of security-related tech14 nologies pursuant to paragraph (4). 

15 (8) An identification and assessment of ways to 

16 increase opportunities for communication and col17 laboration with industry, small and disadvantaged 

18 businesses, intra-government entities, university cen19 ters of excellence, and national laboratories to en20 sure CBP understands the market for security-re21 lated technologies that are available to satisfy its 

22 mission needs before engaging in an acquisition of a 

23 security-related technology. 


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1 (9) An assessment of the management of 

2 planned security-related technology programs by the 

3 acquisition workforce of CBP. 

4 (10) An identification of ways to leverage al5 ready-existing acquisition expertise within the Fed6 eral Government. 

7 (11) A description of the security resources, in8 cluding information security resources, that will be 

9 required to protect security-related technology from 

10 physical or cyber theft, diversion, sabotage, or at11 tack. 

12 (12) A description of initiatives to— 

13 (A) streamline the acquisition process of 

14 CBP; and 

15 (B) provide greater predictability and clar16 ity, with respect to such process, to small, me17 dium, and large businesses, including informa18 tion relating to the timeline for testing and 

19 evaluation. 

20 (13) An assessment of the privacy and security 

21 impact on border communities of security-related 

22 technology. 

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

24 the removal of equipment from a port of entry along 

25 the northern or southern border of the United 


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1 States, a strategy to consult with industry and com2 munity stakeholders affected by such removal. 

3 (15) A strategy to consult with industry and 

4 community stakeholders with respect to security im5 pacts at a port of entry described in paragraph (14). 

6 (c) LEVERAGING THE PRIVATE SECTOR.—To the ex7 tent practicable, the plan shall— 

8 (1) leverage to the greatest extent possible 

9 emerging technological trends, and research and de10 velopment trends, within the public and private sec11 tors; 

12 (2) incorporate input from the private sector, 

13 including from border and port security stake14 holders, through requests for information, industry 

15 day events, and other innovative means consistent 

16 with the Federal Acquisition Regulation; and 

17 (3) identify security-related technologies that 

18 are in development or deployed, with or without ad19 aptation, that may satisfy the mission needs of CBP. 

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

21 be published in unclassified form on the website of the 

22 Department. 

23 (e) APPROVAL.—The Commissioner may not publish 

24 the plan until the plan is approved by the Secretary. 


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1 (f) DISCLOSURE.—The plan shall include a list of the 

2 names of individuals not employed by the Federal Govern3 ment who contributed to the development of the plan. 

4 (g) UPDATE AND REPORT.—Not later than the date 

5 that is two years after the date on which the plan is sub6 mitted to the appropriate congressional committees pursu7 ant to subsection (a) and biennially thereafter for ten 

8 years, the Commissioner shall submit to the appropriate 

9 congressional committees— 

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

11 (2) a report that includes— 

12 (A) the extent to which each security-re13 lated technology acquired by CBP since the ini14 tial submission of the plan or most recent up15 date of the plan, as the case may be, is con16 sistent with the planned technology programs 

17 and projects identified pursuant to subsection 

18 (b)(5); and 

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

20 acquiring such security-related technology. 

21 (h) DEFINITIONS.—In this section: 

22 (1) APPROPRIATE CONGRESSIONAL COMMIT23 TEES.—The term ‘‘appropriate congressional com24 mittees’’ means— 


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1 (A) the Committee on Homeland Security 

2 of the House of Representatives; and 

3 (B) the Committee on Homeland Security 

4 and Governmental Affairs of the Senate. 

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

6 officials’’ means— 

7 (A) the Under Secretary for Management 

8 of the Department; 

9 (B) the Under Secretary for Science and 

10 Technology of the Department; and 

11 (C) the Chief Information Officer of the 

12 Department. 

13 (3) UNLAWFULLY PRESENT.—The term ‘‘un14 lawfully present’’ has the meaning given such term 

15 in section 212(a)(9)(B)(ii) of the Immigration and 

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

17 SEC. 1130. COMMERCIAL SOLUTIONS OPENING ACQUISI18 TION PROGRAM. 

19 (a) AUTHORITY.—The Commissioner may carry out 

20 a program, to be known as the ‘‘commercial solutions 

21 opening acquisition program’’ (in this section referred to 

22 as the ‘‘program’’), under which commercial items that are 

23 innovative may be acquired through a competitive selection 

24 of proposals resulting from a general solicitation and peer 

25 review of such proposals. 


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1 (b) TREATMENT AS COMPETITIVE PROCEDURES.— 

2 Use of general solicitation competitive procedures for the 

3 program shall be considered to be use of competitive pro4 cedures for purposes of division C of title 41, United 

5 States Code. 

6 (c) LIMITATION.—The Commissioner may not enter 

7 into a contract under the program for an amount in excess 

8 of $10,000,000. 

9 (d) GUIDANCE.—The Commissioner, in consultation 

10 with the Under Secretary for Management of the Depart11 ment, shall— 

12 (1) issue guidance for the implementation of 

13 the program; and 

14 (2) post such guidance on a publicly available 

15 website of CBP. 

16 (e) REPORT.— 

17 (1) IN GENERAL.—The Commissioner shall sub18 mit to the appropriate congressional committees a 

19 report relating to the activities of the program as an 

20 addendum to the annual budget request submission 

21 of the Commissioner. 

22 (2) ELEMENTS.—Each report required under 

23 paragraph (1) shall include— 

24 (A) an assessment of the impact of the 

25 program with respect to competition; 


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1 (B) a comparison of acquisition timelines 

2 of procurements made using— 

3 (i) the program; and 

4 (ii) other competitive procedures that 

5 do not rely on general solicitations; and 

6 (C) a recommendation with respect to 

7 whether the authority for the program should 

8 be extended beyond the date of termination 

9 specified in subsection (f). 

10 (f) TERMINATION.—The program shall terminate on 

11 September 30, 2028. 

12 (g) DEFINITIONS.—In this section: 

13 (1) COMPETITIVE PROCEDURES.—The term 

14 ‘‘competitive procedures’’ has the meaning given 

15 such term in section 152 of title 41, United States 

16 Code. 

17 (2) INNOVATIVE.—The term ‘‘innovative’’ 

18 means any new— 

19 (A) technology, process, or method, includ20 ing research and development; or 

21 (B) application of an existing technology, 

22 process, or method. 


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1 SEC. 1131. U.S. CUSTOMS AND BORDER PROTECTION TECH2 NOLOGY UPGRADES. 

3 (a) SECURE COMMUNICATIONS.—The Commissioner 

4 shall ensure that each CBP officer or agent, if appro5 priate, is equipped with a secure radio or other two-way 

6 communication device that allows each such officer or 

7 agent to communicate— 

8 (1) between ports of entry and inspection sta9 tions; and 

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

11 law enforcement entities. 

12 (b) BORDER SECURITY DEPLOYMENT PROGRAM.— 

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

14 2023, the Commissioner shall fully implement the 

15 Border Security Deployment Program of CBP and 

16 expand the integrated surveillance and intrusion de17 tection system at land ports of entry along the 

18 northern and southern borders of the United States. 

19 (2) AUTHORIZATION OF APPROPRIATIONS.—In 

20 addition to amounts otherwise authorized to be ap21 propriated for such purpose, there is authorized to 

22 be appropriated $33,000,000 for fiscal years 2022 

23 and 2023 to carry out paragraph (1). 

24 (c) UPGRADE OF LICENSE PLATE READERS AT

25 PORTS OF ENTRY.— 


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

2 the date of the enactment of this section, the Com3 missioner shall upgrade all existing license plate 

4 readers in need of upgrade, as determined by the 

5 Commissioner, on the northern and southern borders 

6 of the United States. 

7 (2) AUTHORIZATION OF APPROPRIATIONS.—In 

8 addition to amounts otherwise authorized to be ap9 propriated for such purpose, there is authorized to 

10 be appropriated $125,000,000 for fiscal years 2022 

11 and 2023 to carry out paragraph (1). 

12 (d) BIOMETRIC EXIT DATA SYSTEM.— 

13 (1) IN GENERAL.—Subtitle B of title IV of the 

14 Homeland Security Act of 2002 (6 U.S.C. 211 et 

15 seq.) is amended by adding at the end the following 

16 new section: 

17 ‘‘SEC. 420. BIOMETRIC EXIT DATA SYSTEM. 

18 ‘‘(a) ESTABLISHMENT.—The Secretary shall— 

19 ‘‘(1) not later than 180 days after the date of 

20 the enactment of this section, submit to the Com21 mittee on Homeland Security and the Committee on 

22 the Judiciary of the House of Representatives and 

23 the Committee on Homeland Security and Govern24 mental Affairs and the Committee on the Judiciary 

25 of the Senate an implementation plan to establish a 


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1 biometric exit data system to complete the inte2 grated biometric entry and exit data system required 

3 under section 7208 of the Intelligence Reform and 

4 Terrorism Prevention Act of 2004 (8 U.S.C. 1365b), 

5 including— 

6 ‘‘(A) an integrated master schedule and 

7 cost estimate, including requirements and de8 sign, development, operational, and mainte9 nance costs of such a system, that takes into 

10 account prior reports on such matters issued by 

11 the Government Accountability Office and the 

12 Department; 

13 ‘‘(B) cost-effective staffing and personnel 

14 requirements of such a system that leverages 

15 existing resources of the Department and takes 

16 into account prior reports on such matters 

17 issued by the Government Accountability Office 

18 and the Department; 

19 ‘‘(C) a consideration of training programs 

20 necessary to establish such a system that takes 

21 into account prior reports on such matters 

22 issued by the Government Accountability Office 

23 and the Department; 

24 ‘‘(D) a consideration of how such a system 

25 will affect arrival and departure wait times that 


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1 takes into account prior reports on such mat2 ters issued by the Government Accountability 

3 Office and the Department; 

4 ‘‘(E) a consideration of audit capability for 

5 systems procured in partnership with the pri6 vate sector to achieve biometric exit; 

7 ‘‘(F) information received after consulta8 tion with the private sector, including the— 

9 ‘‘(i) trucking industry; 

10 ‘‘(ii) airport industry; 

11 ‘‘(iii) airline industry; 

12 ‘‘(iv) seaport industry; 

13 ‘‘(v) travel industry; and 

14 ‘‘(vi) biometric technology industry; 

15 ‘‘(G) a consideration of how trusted trav16 eler programs in existence as of the date of the 

17 enactment of this section may be impacted by, 

18 or incorporated into, such a system; 

19 ‘‘(H) defined metrics of success and mile20 stones; 

21 ‘‘(I) identified risks and mitigation strate22 gies to address such risks; 

23 ‘‘(J) a consideration of how other countries 

24 have implemented a biometric exit data system; 


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1 ‘‘(K) a consideration of stakeholder privacy 

2 concerns; and 

3 ‘‘(L) a list of statutory, regulatory, or ad4 ministrative authorities, if any, needed to inte5 grate such a system into the operations of the 

6 Transportation Security Administration; and 

7 ‘‘(2) not later than two years after the date of 

8 the enactment of this section, establish a biometric 

9 exit data system at— 

10 ‘‘(A) the 15 United States airports that 

11 support the highest volume of international air 

12 travel, as determined by available Federal flight 

13 data; 

14 ‘‘(B) the 10 United States seaports that 

15 support the highest volume of international sea 

16 travel, as determined by available Federal travel 

17 data; and 

18 ‘‘(C) the 15 United States land ports of 

19 entry that support the highest volume of vehi20 cle, pedestrian, and cargo crossings, as deter21 mined by available Federal border crossing 

22 data. 

23 ‘‘(b) IMPLEMENTATION.— 

24 ‘‘(1) PILOT PROGRAM AT LAND PORTS OF

25 ENTRY.—Not later than six months after the date of 


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1 the enactment of this section, the Secretary, in col2 laboration with industry stakeholders specified in 

3 subsection (a)(1)(F), shall establish a six-month 

4 pilot program to test the biometric exit data system 

5 referred to in subsection (a)(1) on nonpedestrian 

6 outbound traffic at not fewer than three land ports 

7 of entry with significant cross-border traffic, includ8 ing at not fewer than two land ports of entry on the 

9 southern land border and at least one land port of 

10 entry on the northern land border. Such pilot pro11 gram may include a consideration of more than one 

12 biometric mode, and shall be implemented to deter13 mine the following: 

14 ‘‘(A) How a nationwide implementation of 

15 such biometric exit data system at land ports of 

16 entry shall be carried out. 

17 ‘‘(B) The infrastructure required to carry 

18 out subparagraph (A). 

19 ‘‘(C) The effects of such pilot program 

20 on— 

21 ‘‘(i) legitimate travel and trade; 

22 ‘‘(ii) wait times, including processing 

23 times, for such non-pedestrian traffic; 

24 ‘‘(iii) combating terrorism; and 


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1 ‘‘(iv) identifying visa holders who vio2 late the terms of their visas. 

3 ‘‘(2) AT LAND PORTS OF ENTRY.— 

4 ‘‘(A) IN GENERAL.—Not later than five 

5 years after the date of the enactment of this 

6 section, the Secretary shall expand to all land 

7 ports of entry the biometric exit data system es8 tablished pursuant to subsection (a)(2). 

9 ‘‘(B) EXTENSION.—The Secretary may ex10 tend for a single two-year period the date speci11 fied in subparagraph (A) if the Secretary cer12 tifies to the Committee on Homeland Security 

13 and the Committee on the Judiciary of the 

14 House of Representatives and the Committee 

15 on Homeland Security and Governmental Af16 fairs and the Committee on the Judiciary of the 

17 Senate that the 15 land ports of entry that sup18 port the highest volume of vehicle, pedestrian, 

19 and cargo crossings, as determined by available 

20 Federal border crossing data, do not have the 

21 physical infrastructure or characteristics to in22 stall the systems necessary to implement a bio23 metric exit data system. Such extension shall 

24 apply only in the case of nonpedestrian out25 bound traffic at such land ports of entry. 


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1 ‘‘(3) AT AIR AND SEA PORTS OF ENTRY.—Not 

2 later than five years after the date of the enactment 

3 of this section, the Secretary shall expand to all air 

4 and sea ports of entry the biometric exit data system 

5 referred to in subsection (a)(2). 

6 ‘‘(c) EFFECTS ON AIR, SEA, AND LAND TRANSPOR7 TATION.—The Secretary, in consultation with appropriate 

8 industry stakeholders, shall ensure that the collection of 

9 biometric data under this section causes the least possible 

10 disruption to the movement of people or cargo in air, sea, 

11 or land transportation, while fulfilling the goals of improv12 ing counterterrorism efforts and identifying visa holders 

13 who violate the terms of their visas. 

14 ‘‘(d) TERMINATION OF PROCEEDING.—Notwith15 standing any other provision of law, the Secretary shall, 

16 on the date of the enactment of this section, terminate 

17 the proceeding entitled ‘Collection of Alien Biometric Data 

18 Upon Exit From the United States at Air and Sea Ports 

19 of Departure; United States Visitor and Immigrant Status 

20 Indicator Technology Program (‘‘US–VISIT’’)’, issued on 

21 April 24, 2008 (73 Fed. Reg. 22065). 

22 ‘‘(e) DATA MATCHING.—The biometric exit data sys23 tem established under this section shall— 

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1 migration status, who is departing the United States 

2 against biometric data previously provided to the 

3 United States Government by such individual for the 

4 purposes of international travel; 

5 ‘‘(2) leverage the infrastructure and databases 

6 of the current biometric entry and exit system estab7 lished pursuant to section 7208 of the Intelligence 

8 Reform and Terrorism Prevention Act of 2004 (8 

9 U.S.C. 1365b) for the purpose described in para10 graph (1); and 

11 ‘‘(3) be interoperable with, and allow matching 

12 against, other Federal databases that— 

13 ‘‘(A) store biometrics of known or sus14 pected terrorists; and 

15 ‘‘(B) identify visa holders who violate the 

16 terms of their visas. 

17 ‘‘(f) SCOPE.— 

18 ‘‘(1) IN GENERAL.—The biometric exit data 

19 system established under this section shall include a 

20 requirement for the collection of biometric exit data 

21 at the time of departure for all categories of individ22 uals who are required by the Secretary to provide bi23 ometric entry data. 

24 ‘‘(2) EXCEPTION FOR CERTAIN OTHER INDIVID25 UALS.—This section shall not apply in the case of an 


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1 individual who exits and then enters the United 

2 States on a passenger vessel (as such term is defined 

3 in section 2101 of title 46, United States Code) the 

4 itinerary of which originates and terminates in the 

5 United States. 

6 ‘‘(3) EXCEPTION FOR LAND PORTS OF

7 ENTRY.—This section shall not apply in the case of 

8 a United States or Canadian citizen who exits the 

9 United States through a land port of entry. 

10 ‘‘(g) COLLECTION OF DATA.—The Secretary may not 

11 require any non-Federal person to collect biometric data, 

12 or contribute to the costs of collecting or administering 

13 the biometric exit data system established under this sec14 tion, except through a mutual agreement. 

15 ‘‘(h) MULTIMODAL COLLECTION.—In carrying out 

16 subsections (a)(1) and (b), the Secretary shall make every 

17 effort to collect biometric data using multiple modes of 

18 biometrics. 

19 ‘‘(i) FACILITIES.— 

20 ‘‘(1) IN GENERAL.—All facilities at which the 

21 biometric exit data system established under this 

22 section is implemented shall provide and maintain 

23 space for Federal use that is adequate to support bi24 ometric data collection and other inspection-related 

25 activity. 


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1 ‘‘(2) NON-FEDERAL FACILITIES.—With respect 

2 to each non-Federal facility at which the biometric 

3 exit data system is implemented pursuant to para4 graph (1), the space required under such paragraph 

5 shall be provided and maintained at no cost to the 

6 Federal Government. 

7 ‘‘(3) LAND PORTS OF ENTRY.—With respect to 

8 each facility at a land port of entry at which the bio9 metric exit data system is implemented pursuant to 

10 paragraph (1), the space required under such para11 graph shall be coordinated with the Administrator of 

12 General Services. 

13 ‘‘(j) NORTHERN LAND BORDER.—With respect to 

14 the northern land border, the requirements under sub15 sections (a)(2)(C), (b)(2)(A), and (b)(3) may be achieved 

16 through the sharing of biometric data provided to the De17 partment by the Canadian Border Services Agency pursu18 ant to the 2011 Beyond the Border agreement. 

19 ‘‘(k) FULL AND OPEN COMPETITION.—The Sec20 retary shall procure goods and services to implement this 

21 section through full and open competition in accordance 

22 with the Federal Acquisition Regulation. 

23 ‘‘(l) OTHER BIOMETRIC INITIATIVES.—Nothing in 

24 this section may be construed as limiting the authority of 


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1 the Secretary to collect biometric information in cir2 cumstances other than as specified in this section. 

3 ‘‘(m) CONGRESSIONAL REVIEW.—Not later than 90 

4 days after the date of the enactment of this section, the 

5 Secretary shall submit to the Committee on Homeland Se6 curity and the Committee on the Judiciary of the House 

7 of Representatives and the Committee on Homeland Secu8 rity and Governmental Affairs and the Committee on the 

9 Judiciary of the Senate reports and recommendations re10 garding the Directorate of Science and Technology’s Air 

11 Entry and Exit Re-Engineering Program and the U.S. 

12 Customs and Border Protection entry and exit mobility 

13 program demonstrations. 

14 ‘‘(n) SAVINGS CLAUSE.—Nothing in this section may 

15 prohibit the collection of user fees permitted by section 

16 13031 of the Consolidated Omnibus Budget Reconciliation 

17 Act of 1985 (19 U.S.C. 58c).’’. 

18 (2) AUTHORIZATION OF APPROPRIATIONS.— 

19 There is authorized to be appropriated $50,000,000 

20 for each of fiscal years 2022 and 2023 to carry out 

21 section 420 of the Homeland Security Act of 2002, 

22 as added by this subsection. 

23 (3) CLERICAL AMENDMENT.—The table of con24 tents in section 1(b) of the Homeland Security Act 


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1 of 2002 is amended by inserting after the item relat2 ing to section 419 the following new item: 

‘‘Sec. 420. Biometric exit data system.’’. 

3 SEC. 1132. NONINTRUSIVE INSPECTION OPERATIONS. 

4 The Secretary shall fully implement the requirements 

5 of the Securing America’s Ports Act (Public Law 116– 

6 299; 6 U.S.C. 211 note). 

7 SEC. 1133. HOMELAND SECURITY INVESTIGATIONS INNOVA8 TION LAB. 

9 (a) IN GENERAL.—Subtitle E of title IV of the 

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

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

12 ‘‘SEC. 463. INNOVATION LAB. 

13 ‘‘(a) ESTABLISHMENT.— 

14 ‘‘(1) IN GENERAL.—There is established within 

15 the Department a program to be known as the 

16 ‘Homeland Security Investigations Innovation Lab’ 

17 (referred to in this section as the ‘Innovation Lab’). 

18 ‘‘(2) ASSISTANT DIRECTOR.—The Innovation 

19 Lab shall be headed by an Assistant Director, who 

20 shall be appointed by the Executive Associate Direc21 tor of United States Immigration and Customs En22 forcement, Homeland Security Investigations. 

23 ‘‘(b) PURPOSE.—The purpose of the Innovation Lab 

24 shall be to improve investigative efficiency and mission25 critical outcomes by enhancing and streamlining data 


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1 processing, agility, assessment, visualization, and analysis 

2 of homeland security data, using innovative and emerging 

3 technologies and best practices for design principles. Inno4 vation Lab efforts shall be informed by designated field 

5 agents and analysts with relevant experience. 

6 ‘‘(c) CO-LOCATION.—The Secretary shall, if prac7 ticable, co-locate Innovation Lab personnel and office 

8 space with other existing assets of— 

9 ‘‘(1) the Department, where possible; or 

10 ‘‘(2) Federal facilities, where appropriate. 

11 ‘‘(d) COMPOSITION.—The Innovation Lab shall be 

12 comprised of personnel from the following: 

13 ‘‘(1) Homeland Security Investigations of U.S. 

14 Immigration and Customs Enforcement. 

15 ‘‘(2) Other appropriate agencies as determined 

16 by the Secretary. 

17 ‘‘(3) The private sector (through advisory part18 nerships), including developers with specializations 

19 in innovative and emerging technology, backend ar20 chitecture, or user interface design. 

21 ‘‘(4) Academic institutions (through advisory 

22 partnerships), including members from the Depart23 ment of Homeland Security Centers of Excellence. 

24 ‘‘(e) PRIORITIZATION.—The Innovation Lab shall 

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1 tive challenges experienced by each Homeland Security In2 vestigations field office. Such communication may be in3 corporated in existing annual threat analyses conducted 

4 by Homeland Security Investigations. 

5 ‘‘(f) NONAPPLICABILITY OF FACA.—The Federal 

6 Advisory Committee Act (5 U.S.C. App.) shall not apply 

7 to the Innovation Lab. 

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

9 is authorized to be appropriated $24,700,000 for fiscal 

10 year 2022 and $27,700,000 for fiscal year 2023 to carry 

11 out this section.’’. 

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

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

14 amended by inserting after the item relating to section 

15 462 the following new item: 

‘‘Sec. 463. Innovation lab.’’. 

16 SEC. 1134. REIMBURSEMENT OF STATES. 

17 The head of each appropriate agency may reimburse 

18 a State for costs incurred in providing assistance in the 

19 construction of the border barrier system or the deploy20 ment technology under this Act. 


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1 Subtitle B—Personnel 

2 SEC. 1141. ADDITIONAL U.S. CUSTOMS AND BORDER PRO3 TECTION PERSONNEL. 

4 (a) BORDER PATROL AGENTS.—Not later than Sep5 tember 30, 2025, the Commissioner shall hire, train, and 

6 assign agents to maintain an active duty presence of— 

7 (1) not fewer than 22,478 full-time equivalent 

8 CBP agents; and 

9 (2) not fewer than 1,200 CBP processing coor10 dinators. 

11 (b) CBP OFFICERS.—In addition to positions author12 ized before the date of the enactment of this section and 

13 any existing officer vacancies within CBP as of such date, 

14 the Commissioner shall, not later than September 30, 

15 2025, hire, train, and assign to duty sufficient CBP offi16 cers to maintain an active duty presence of— 

17 (1) not fewer than 27,725 full-time equivalent 

18 officers; and 

19 (2) the required associated full-time support 

20 staff distributed among all United States ports of 

21 entry. 

22 (c) AIR AND MARINE OPERATIONS.—Not later than 

23 September 30, 2025, the Commissioner shall hire, train, 

24 and assign agents for Air and Marine Operations of CBP 


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1 to maintain not fewer than 1,675 full-time equivalent 

2 agents. 

3 (d) CBP K–9 UNITS AND HANDLERS.— 

4 (1) K–9 UNITS.—Not later than September 30, 

5 2025, the Commissioner shall deploy not fewer than 

6 200 new K–9 units, with supporting officers of CBP 

7 and other required staff, at land ports of entry and 

8 checkpoints, along the northern and southern bor9 ders of the United States. 

10 (2) USE OF CANINES.—The Commissioner shall 

11 prioritize the use of K–9 units at the primary in12 spection lanes at land ports of entry and check13 points. 

14 (e) CBP TUNNEL DETECTION AND REMEDIATION.— 

15 Not later than September 30, 2025, the Commissioner 

16 shall increase by not fewer than 50 the number of CBP 

17 officers assisting task forces and activities related to— 

18 (1) the deployment and operation of border tun19 nel detection technology; 

20 (2) the apprehension of individuals using such 

21 tunnels for— 

22 (A) unlawfully entering the United States; 

23 (B) drug trafficking; or 

24 (C) human smuggling; and 

25 (3) the remediation of such illicit tunnels. 


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1 (f) AGRICULTURAL SPECIALISTS.—In addition to the 

2 officers and agents authorized under subsections (a) 

3 through (e), by September 30, 2025, the Commissioner 

4 shall carry out section 4 of the Protecting America’s Food 

5 and Agriculture Act of 2019 (Public Law 116–122; 6 

6 U.S.C. 211 note). 

7 (g) U.S. CUSTOMS AND BORDER PROTECTION OF8 FICE OF INTELLIGENCE.—Not later than September 30, 

9 2025, the Commissioner shall hire, train, and assign suffi10 cient Office of Intelligence personnel to maintain not fewer 

11 than 500 full-time equivalent employees. 

12 (h) GAO REPORT.—If the staffing levels required 

13 under this section are not achieved by September 30, 

14 2025, the Comptroller General of the United States shall 

15 conduct a review of the reasons why such levels were not 

16 achieved. 

17 SEC. 1142. U.S. CUSTOMS AND BORDER PROTECTION RE18 TENTION INCENTIVES. 

19 (a) IN GENERAL.—Chapter 97 of title 5, United 

20 States Code, is amended by adding at the end the fol21 lowing: 

22 ‘‘§ 9702. U.S. Customs and Border Protection tem23 porary employment authorities 

24 ‘‘(a) DEFINITIONS.—In this section— 


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1 ‘‘(1) the term ‘appropriate congressional com2 mittees’ means the Committee on Oversight and 

3 Government Reform, the Committee on Homeland 

4 Security, and the Committee on Ways and Means of 

5 the House of Representatives and the Committee on 

6 Homeland Security and Governmental Affairs and 

7 the Committee on Finance of the Senate; 

8 ‘‘(2) the term ‘CBP employee’ means an em9 ployee of U.S. Customs and Border Protection de10 scribed under any of subsections (a) through (h) of 

11 section 1134 of the Border Security for America 

12 Act; 

13 ‘‘(3) the term ‘Commissioner’ means the Com14 missioner of U.S. Customs and Border Protection; 

15 ‘‘(4) the term ‘Director’ means the Director of 

16 the Office of Personnel Management; and 

17 ‘‘(5) the term ‘Secretary’ means the Secretary 

18 of Homeland Security. 

19 ‘‘(b) DIRECT HIRE AUTHORITY; RECRUITMENT AND

20 RELOCATION BONUSES; RETENTION BONUSES.— 

21 ‘‘(1) STATEMENT OF PURPOSE AND LIMITA22 TION.—The purpose of this subsection is to allow 

23 U.S. Customs and Border Protection to expedi24 tiously meet the hiring goals and staffing levels re25 quired by section 1134 of the Border Security for 


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1 America Act. The Secretary shall not use this au2 thority beyond meeting the requirements of such sec3 tion. 

4 ‘‘(2) DIRECT HIRE AUTHORITY.—The Secretary 

5 may appoint, without regard to any provision of sec6 tions 3309 through 3319, candidates to positions in 

7 the competitive service as CBP employees if the Sec8 retary has given public notice for the positions. 

9 ‘‘(3) RECRUITMENT AND RELOCATION BO10 NUSES.—The Secretary may pay a recruitment or 

11 relocation bonus of up to 50 percent of the annual 

12 rate of basic pay to an individual CBP employee at 

13 the beginning of the service period multiplied by the 

14 number of years (including a fractional part of a 

15 year) in the required service period to an individual 

16 (other than an individual described in subsection 

17 (a)(2) of section 5753) if— 

18 ‘‘(A) the Secretary determines that condi19 tions consistent with the conditions described in 

20 paragraphs (1) and (2) of subsection (b) of 

21 such section 5753 are satisfied with respect to 

22 the individual (without regard to the regula23 tions referenced in subsection (b)(2)(B)(ii)(I) of 

24 such section or to any other provision of that 

25 section); and 


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1 ‘‘(B) the individual enters into a written 

2 service agreement with the Secretary— 

3 ‘‘(i) under which the individual is re4 quired to complete a period of employment 

5 as a CBP employee of not less than 2 

6 years; and 

7 ‘‘(ii) that includes— 

8 ‘‘(I) the commencement and ter9 mination dates of the required service 

10 period (or provisions for the deter11 mination thereof); 

12 ‘‘(II) the amount of the bonus; 

13 and 

14 ‘‘(III) other terms and conditions 

15 under which the bonus is payable, 

16 subject to the requirements of this 

17 subsection, including— 

18 ‘‘(aa) the conditions under 

19 which the agreement may be ter20 minated before the agreed-upon 

21 service period has been com22 pleted; and 

23 ‘‘(bb) the effect of a termi24 nation described in item (aa). 


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1 ‘‘(4) RETENTION BONUSES.—The Secretary 

2 may pay a retention bonus of up to 50 percent of 

3 basic pay to an individual CBP employee (other than 

4 an individual described in subsection (a)(2) of sec5 tion 5754) if— 

6 ‘‘(A) the Secretary determines that— 

7 ‘‘(i) a condition consistent with the 

8 condition described in subsection (b)(1) of 

9 such section 5754 is satisfied with respect 

10 to the CBP employee (without regard to 

11 any other provision of that section); and 

12 ‘‘(ii) in the absence of a retention 

13 bonus, the CBP employee would be likely 

14 to leave— 

15 ‘‘(I) the Federal service; or 

16 ‘‘(II) for a different position in 

17 the Federal service, including a posi18 tion in another agency or component 

19 of the Department of Homeland Secu20 rity; and 

21 ‘‘(B) the individual enters into a written 

22 service agreement with the Secretary— 

23 ‘‘(i) under which the individual is re24 quired to complete a period of employment 


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1 as a CBP employee of not less than 2 

2 years; and 

3 ‘‘(ii) that includes— 

4 ‘‘(I) the commencement and ter5 mination dates of the required service 

6 period (or provisions for the deter7 mination thereof); 

8 ‘‘(II) the amount of the bonus; 

9 and 

10 ‘‘(III) other terms and conditions 

11 under which the bonus is payable, 

12 subject to the requirements of this 

13 subsection, including— 

14 ‘‘(aa) the conditions under 

15 which the agreement may be ter16 minated before the agreed-upon 

17 service period has been com18 pleted; and 

19 ‘‘(bb) the effect of a termi20 nation described in item (aa). 

21 ‘‘(5) RULES FOR BONUSES.— 

22 ‘‘(A) MAXIMUM BONUS.—A bonus paid to 

23 an employee under— 

24 ‘‘(i) paragraph (3) may not exceed 

25 100 percent of the annual rate of basic pay 


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1 of the employee as of the commencement 

2 date of the applicable service period; and 

3 ‘‘(ii) paragraph (4) may not exceed 50 

4 percent of the annual rate of basic pay of 

5 the employee. 

6 ‘‘(B) RELATIONSHIP TO BASIC PAY.—A 

7 bonus paid to an employee under paragraph (3) 

8 or (4) shall not be considered part of the basic 

9 pay of the employee for any purpose, including 

10 for retirement or in computing a lump-sum pay11 ment to the covered employee for accumulated 

12 and accrued annual leave under section 5551 or 

13 section 5552. 

14 ‘‘(C) PERIOD OF SERVICE FOR RECRUIT15 MENT, RELOCATION, AND RETENTION BO16 NUSES.— 

17 ‘‘(i) A bonus paid to an employee 

18 under paragraph (4) may not be based on 

19 any period of such service which is the 

20 basis for a recruitment or relocation bonus 

21 under paragraph (3). 

22 ‘‘(ii) A bonus paid to an employee 

23 under paragraph (3) or (4) may not be 

24 based on any period of service which is the 

25 basis for a recruitment or relocation bonus 


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1 under section 5753 or a retention bonus 

2 under section 5754. 

3 ‘‘(c) SPECIAL RATES OF PAY.—In addition to the cir4 cumstances described in subsection (b) of section 5305, 

5 the Director may establish special rates of pay in accord6 ance with that section to assist the Secretary in meeting 

7 the requirements of section 1134 of the Border Security 

8 for America Act. The Director shall prioritize the consid9 eration of requests from the Secretary for such special 

10 rates of pay and issue a decision as soon as practicable. 

11 The Secretary shall provide such information to the Direc12 tor as the Director deems necessary to evaluate special 

13 rates of pay under this subsection. 

14 ‘‘(d) OPM OVERSIGHT.— 

15 ‘‘(1) Not later than September 30 of each year, 

16 the Secretary shall provide a report to the Director 

17 on U.S. Custom and Border Protection’s use of au18 thorities provided under subsections (b) and (c). In 

19 each report, the Secretary shall provide such infor20 mation as the Director determines is appropriate to 

21 ensure appropriate use of authorities under such 

22 subsections. Each report shall also include an assess23 ment of— 

24 ‘‘(A) the impact of the use of authorities 

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1 tion of section 1134 of the Border Security for 

2 America Act; 

3 ‘‘(B) solving hiring and retention chal4 lenges at the agency, including at specific loca5 tions; 

6 ‘‘(C) whether hiring and retention chal7 lenges still exist at the agency or specific loca8 tions; and 

9 ‘‘(D) whether the Secretary needs to con10 tinue to use authorities provided under this sec11 tion at the agency or at specific locations. 

12 ‘‘(2) CONSIDERATION.—In compiling a report 

13 under paragraph (1), the Secretary shall consider— 

14 ‘‘(A) whether any CBP employee accepted 

15 an employment incentive under subsection (b) 

16 and (c) and then transferred to a new location 

17 or left U.S. Customs and Border Protection; 

18 and 

19 ‘‘(B) the length of time that each employee 

20 identified under subparagraph (A) stayed at the 

21 original location before transferring to a new lo22 cation or leaving U.S. Customs and Border 

23 Protection. 

24 ‘‘(3) DISTRIBUTION.—In addition to the Direc25 tor, the Secretary shall submit each report required 


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1 under this subsection to the appropriate congres2 sional committees. 

3 ‘‘(e) OPM ACTION.—If the Director determines the 

4 Secretary has inappropriately used authorities under sub5 section (b) or a special rate of pay provided under sub6 section (c), the Director shall notify the Secretary and the 

7 appropriate congressional committees in writing. Upon re8 ceipt of the notification, the Secretary may not make any 

9 new appointments or issue any new bonuses under sub10 section (b), nor provide CBP employees with further spe11 cial rates of pay, until the Director has provided the Sec12 retary and the appropriate congressional committees a 

13 written notice stating the Director is satisfied safeguards 

14 are in place to prevent further inappropriate use. 

15 ‘‘(f) IMPROVING CBP HIRING AND RETENTION.— 

16 ‘‘(1) EDUCATION OF CBP HIRING OFFICIALS.— 

17 Not later than 180 days after the date of the enact18 ment of this section, and in conjunction with the 

19 Chief Human Capital Officer of the Department of 

20 Homeland Security, the Secretary shall develop and 

21 implement a strategy to improve the education re22 garding hiring and human resources flexibilities (in23 cluding hiring and human resources flexibilities for 

24 locations in rural or remote areas) for all employees, 

25 serving in agency headquarters or field offices, who 


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1 are involved in the recruitment, hiring, assessment, 

2 or selection of candidates for locations in a rural or 

3 remote area, as well as the retention of current em4 ployees. 

5 ‘‘(2) ELEMENTS.—Elements of the strategy 

6 under paragraph (1) shall include the following: 

7 ‘‘(A) Developing or updating training and 

8 educational materials on hiring and human re9 sources flexibilities for employees who are in10 volved in the recruitment, hiring, assessment, or 

11 selection of candidates, as well as the retention 

12 of current employees. 

13 ‘‘(B) Regular training sessions for per14 sonnel who are critical to filling open positions 

15 in rural or remote areas. 

16 ‘‘(C) The development of pilot programs or 

17 other programs, as appropriate, consistent with 

18 authorities provided to the Secretary to address 

19 identified hiring challenges, including in rural 

20 or remote areas. 

21 ‘‘(D) Developing and enhancing strategic 

22 recruiting efforts through the relationships with 

23 institutions of higher education, as defined in 

24 section 102 of the Higher Education Act of 

25 1965 (20 U.S.C. 1002), veterans transition and 


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1 employment centers, and job placement pro2 gram in regions that could assist in filling posi3 tions in rural or remote areas. 

4 ‘‘(E) Examination of existing agency pro5 grams on how to most effectively aid spouses 

6 and families of individuals who are candidates 

7 or new hires in a rural or remote area. 

8 ‘‘(F) Feedback from individuals who are 

9 candidates or new hires at locations in a rural 

10 or remote area, including feedback on the qual11 ity of life in rural or remote areas for new hires 

12 and their families. 

13 ‘‘(G) Feedback from CBP employees, other 

14 than new hires, who are stationed at locations 

15 in a rural or remote area, including feedback on 

16 the quality of life in rural or remote areas for 

17 those CBP employees and their families. 

18 ‘‘(H) Evaluation of Department of Home19 land Security internship programs and the use20 fulness of those programs in improving hiring 

21 by the Secretary in rural or remote areas. 

22 ‘‘(3) EVALUATION.— 

23 ‘‘(A) IN GENERAL.—Each year, the Sec24 retary shall— 


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1 ‘‘(i) evaluate the extent to which the 

2 strategy developed and implemented under 

3 paragraph (1) has improved the hiring and 

4 retention ability of the Secretary; and 

5 ‘‘(ii) make any appropriate updates to 

6 the strategy under paragraph (1). 

7 ‘‘(B) INFORMATION.—The evaluation con8 ducted under subparagraph (A) shall include— 

9 ‘‘(i) any reduction in the time taken 

10 by the Secretary to fill mission-critical po11 sitions, including in rural or remote areas; 

12 ‘‘(ii) a general assessment of the im13 pact of the strategy implemented under 

14 paragraph (1) on hiring challenges, includ15 ing in rural or remote areas; and 

16 ‘‘(iii) other information the Secretary 

17 determines relevant. 

18 ‘‘(g) INSPECTOR GENERAL REVIEW.—Not later than 

19 two years after the date of the enactment of this section, 

20 the Inspector General of the Department of Homeland Se21 curity shall review the use of hiring and pay flexibilities 

22 under subsections (b) and (c) to determine whether the 

23 use of such flexibilities is helping the Secretary meet hir24 ing and retention needs, including in rural and remote 

25 areas. 


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1 ‘‘(h) EXERCISE OF AUTHORITY.— 

2 ‘‘(1) SOLE DISCRETION.—The exercise of au3 thority under subsection (b) shall be subject to the 

4 sole and exclusive discretion of the Secretary (or the 

5 Commissioner, as applicable under paragraph (2) of 

6 this subsection), notwithstanding chapter 71 and 

7 any collective bargaining agreement. 

8 ‘‘(2) DELEGATION.—The Secretary may dele9 gate any authority under this section to the Com10 missioner. 

11 ‘‘(i) RULE OF CONSTRUCTION.—Nothing in this sec12 tion shall be construed to exempt the Secretary or the Di13 rector from applicability of the merit system principles 

14 under section 2301. 

15 ‘‘(j) SUNSET.—The authorities under subsections (b) 

16 and (c) shall terminate on September 30, 2026. Any bonus 

17 to be paid pursuant to subsection (b) that is approved be18 fore such date may continue until such bonus has been 

19 paid, subject to the conditions specified in this section.’’. 

20 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

21 The table of sections for chapter 97 of title 5, United 

22 States Code, is amended by adding at the end the fol23 lowing: 

‘‘9702. U.S. Customs and Border Protection temporary employment authorities.’’. 


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1 SEC. 1143. ANTI-BORDER CORRUPTION ACT REAUTHORIZA2 TION. 

3 (a) HIRING FLEXIBILITY.—Section 3 of the Anti4 Border Corruption Act of 2010 (6 U.S.C. 221; Public Law 

5 111–376) is amended by striking subsection (b) and in6 serting the following new subsections: 

7 ‘‘(b) WAIVER AUTHORITY.—The Commissioner of 

8 U.S. Customs and Border Protection may waive the appli9 cation of subsection (a)(1)— 

10 ‘‘(1) to a current, full-time law enforcement of11 ficer employed by a State or local law enforcement 

12 agency who— 

13 ‘‘(A) has continuously served as a law en14 forcement officer for not fewer than three 

15 years; 

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

17 supervise the prevention, detection, investiga18 tion, or prosecution of, or the incarceration of 

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

20 statutory powers for arrest or apprehension; 

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

22 has not been found to have engaged in criminal 

23 activity or serious misconduct, has not resigned 

24 from a law enforcement officer position under 

25 investigation or in lieu of termination, and has 


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1 not been dismissed from a law enforcement offi2 cer position; and 

3 ‘‘(D) has, within the past ten years, suc4 cessfully completed a polygraph examination as 

5 a condition of employment with such officer’s 

6 current law enforcement agency; 

7 ‘‘(2) to a current, full-time Federal law enforce8 ment officer who— 

9 ‘‘(A) has continuously served as a law en10 forcement officer for not fewer than three 

11 years; 

12 ‘‘(B) is authorized to make arrests, con13 duct investigations, conduct searches, make sei14 zures, carry firearms, and serve orders, war15 rants, and other processes; 

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

17 has not been found to have engaged in criminal 

18 activity or serious misconduct, has not resigned 

19 from a law enforcement officer position under 

20 investigation or in lieu of termination, and has 

21 not been dismissed from a law enforcement offi22 cer position; and 

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

24 investigation or current Tier 5 background in25 vestigation; and 


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1 ‘‘(3) to a member of the Armed Forces (or a re2 serve component thereof) or a veteran, if such indi3 vidual— 

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

5 not fewer than three years; 

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

7 years, a Secret, Top Secret, or Top Secret/Sen8 sitive Compartmented Information clearance; 

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

10 past five years, a current Tier 4 background in11 vestigation or current Tier 5 background inves12 tigation; 

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

14 honorable discharge from service in the Armed 

15 Forces and has not engaged in criminal activity 

16 or committed a serious military or civil offense 

17 under the Uniform Code of Military Justice; 

18 and 

19 ‘‘(E) was not granted any waivers to ob20 tain the clearance referred to in subparagraph 

21 (B). 

22 ‘‘(c) TERMINATION OF WAIVER AUTHORITY.—The 

23 authority to issue a waiver under subsection (b) shall ter24 minate on the date that is four years after the date of 

25 the enactment of the Border Security for America Act.’’. 


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1 (b) SUPPLEMENTAL COMMISSIONER AUTHORITY AND

2 DEFINITIONS.— 

3 (1) SUPPLEMENTAL COMMISSIONER AUTHOR4 ITY.—The Anti-Border Corruption Act of 2010 is 

5 amended by adding at the end the following new sec6 tion: 

7 ‘‘SEC. 5. SUPPLEMENTAL COMMISSIONER AUTHORITY. 

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

9 waiver under section 3(b) is not exempt from other hiring 

10 requirements relating to suitability for employment and 

11 eligibility to hold a national security designated position, 

12 as determined by the Commissioner of U.S. Customs and 

13 Border Protection. 

14 ‘‘(b) BACKGROUND INVESTIGATIONS.—Any indi15 vidual who receives a waiver under section 3(b) who holds 

16 a current Tier 4 background investigation shall be subject 

17 to a Tier 5 background investigation. 

18 ‘‘(c) ADMINISTRATION OF POLYGRAPH EXAMINA19 TION.—The Commissioner of U.S. Customs and Border 

20 Protection is authorized to administer a polygraph exam21 ination to an applicant or employee who is eligible for or 

22 receives a waiver under section 3(b) if information is dis23 covered before the completion of a background investiga24 tion that results in a determination that a polygraph ex25 amination is necessary to make a final determination reVerDate Sep 11 2014 04:01 Mar 04, 2022 Jkt 000000 PO 00000 Frm 00122 Fmt 6652 Sfmt 6201 E:\BILLS\H6637.IH H6637

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1 garding suitability for employment or continued employ2 ment, as the case may be.’’. 

3 (2) REPORT.—The Anti-Border Corruption Act 

4 of 2010, as amended by paragraph (1), is further 

5 amended by adding at the end the following new sec6 tion: 

7 ‘‘SEC. 6. REPORTING. 

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

9 after the date of the enactment of this section and annu10 ally thereafter while the waiver authority under section 

11 3(b) is in effect, the Commissioner of U.S. Customs and 

12 Border Protection shall submit to Congress a report that 

13 includes, with respect to each such reporting period— 

14 ‘‘(1) the number of waivers requested, granted, 

15 and denied under such section 3(b); 

16 ‘‘(2) the reasons for any denials of such waiver; 

17 ‘‘(3) the percentage of applicants who were 

18 hired after receiving a waiver; 

19 ‘‘(4) the number of instances that a polygraph 

20 was administered to an applicant who initially re21 ceived a waiver and the results of such polygraph; 

22 ‘‘(5) an assessment of the current impact of the 

23 polygraph waiver program on filling law enforcement 

24 positions at U.S. Customs and Border Protection; 

25 and 


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1 ‘‘(6) additional authorities needed by U.S. Cus2 toms and Border Protection to better utilize the 

3 polygraph waiver program for its intended goals. 

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

5 submitted under subsection (a) shall include— 

6 ‘‘(1) an analysis of other methods of employ7 ment suitability tests that detect deception and could 

8 be used in conjunction with traditional background 

9 investigations to evaluate potential employees for 

10 suitability; and 

11 ‘‘(2) a recommendation regarding whether a 

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

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

14 polygraph examination requirement is waived pursu15 ant to section 3(b).’’. 

16 (3) DEFINITIONS.—The Anti-Border Corrup17 tion Act of 2010, as amended by paragraphs (1) and 

18 (2), is further amended by adding at the end the fol19 lowing new section: 

20 ‘‘SEC. 7. DEFINITIONS. 

21 ‘‘In this Act: 

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

23 The term ‘Federal law enforcement officer’ means a 

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


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

2 States Code. 

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

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

5 offense for which— 

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

7 be discharged or separated from service in the 

8 Armed Forces; and 

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

10 authorized for the same or a closely related of11 fense under the Manual for Court-Martial, as 

12 pursuant to Army Regulation 635–200, chapter 

13 14–12. 

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

15 ‘Tier 5’ with respect to background investigations 

16 have the meaning given such terms under the 2012 

17 Federal Investigative Standards. 

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

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

20 38, United States Code.’’. 

21 (c) POLYGRAPH EXAMINERS.—Not later than Sep22 tember 30, 2025, the Secretary shall increase to not fewer 

23 than 150 the number of trained full-time equivalent poly24 graph examiners for administering polygraphs under the 


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

2 section. 

3 SEC. 1144. TRAINING FOR OFFICERS AND AGENTS OF U.S. 

4 CUSTOMS AND BORDER PROTECTION. 

5 (a) IN GENERAL.—Subsection (l) of section 411 of 

6 the Homeland Security Act of 2002 (6 U.S.C. 211) is 

7 amended to read as follows: 

8 ‘‘(l) TRAINING AND CONTINUING EDUCATION.— 

9 ‘‘(1) MANDATORY TRAINING.—The Commis10 sioner shall ensure that every agent and officer of 

11 U.S. Customs and Border Protection receives a min12 imum of 21 weeks of training that are directly re13 lated to the mission of the U.S. Border Patrol, Air 

14 and Marine, and the Office of Field Operations be15 fore the initial assignment of such agents and offi16 cers. 

17 ‘‘(2) FLETC.—The Commissioner shall work 

18 in consultation with the Director of the Federal Law 

19 Enforcement Training Centers to establish guide20 lines and curriculum for the training of agents and 

21 officers of U.S. Customs and Border Protection 

22 under subsection (a). 

23 ‘‘(3) CONTINUING EDUCATION.—The Commis24 sioner shall annually require all agents and officers 

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1 quired to undergo training under subsection (a) to 

2 participate in not fewer than eight hours of con3 tinuing education annually to maintain and update 

4 understanding of Federal legal rulings, court deci5 sions, and Department policies, procedures, and 

6 guidelines related to relevant subject matters. 

7 ‘‘(4) LEADERSHIP TRAINING.—Not later than 

8 one year after the date of the enactment of this sub9 section, the Commissioner shall develop and require 

10 training courses geared towards the development of 

11 leadership skills for mid- and senior-level career em12 ployees not later than one year after such employees 

13 assume duties in supervisory roles.’’. 

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

15 of the enactment of this Act, the Commissioner shall sub16 mit to the Committee on Homeland Security and the Com17 mittee on Ways and Means of the House of Representa18 tives and the Committee on Homeland Security and Gov19 ernmental Affairs and the Committee on Finance of the 

20 Senate a report identifying the guidelines and curriculum 

21 established to carry out subsection (l) of section 411 of 

22 the Homeland Security Act of 2002, as amended by sub23 section (a) of this section. 

24 (c) ASSESSMENT.—Not later than four years after 

25 the date of the enactment of this Act, the Comptroller 


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1 General of the United States shall submit to the Com2 mittee on Homeland Security and the Committee on Ways 

3 and Means of the House of Representatives and the Com4 mittee on Homeland Security and Governmental Affairs 

5 and the Committee on Finance of the Senate a report that 

6 assesses the training and education, including continuing 

7 education, required under subsection (l) of section 411 of 

8 the Homeland Security Act of 2002, as amended by sub9 section (a) of this section. 

10 SEC. 1145. ESTABLISHMENT OF WORKLOAD STAFFING MOD11 ELS FOR U.S. BORDER PATROL AND AIR AND 

12 MARINE OPERATIONS OF CBP. 

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

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

15 coordination with the Under Secretary for Management, 

16 the Chief Human Capital Officer, and the Chief Financial 

17 Officer of the Department, shall implement a workload 

18 staffing model for each of the following: 

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

20 (2) Air and Marine Operations of CBP. 

21 (b) RESPONSIBILITIES OF THE COMMISSIONER OF

22 CBP.—Subsection (c) of section 411 of the Homeland Se23 curity Act of 2002 (6 U.S.C. 211), is amended— 

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

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


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1 (2) by inserting after paragraph (17) the fol2 lowing new paragraphs: 

3 ‘‘(18) implement a staffing model that includes 

4 consideration for essential frontline operator activi5 ties and functions, variations in operating environ6 ments, present and planned infrastructure, present 

7 and planned technology, and required operations 

8 support levels for the U.S. Border Patrol, Air and 

9 Marine Operations, and the Office of Field Oper10 ations, to manage and assign personnel of such enti11 ties to ensure field and support posts possess ade12 quate resources to carry out duties specified in this 

13 section; 

14 ‘‘(19) develop standard operating procedures 

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

16 Border Patrol, Air and Marine Operations, and the 

17 Office of Field Operations, train the workforce of 

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

19 purpose of such system, and implement internal con20 trols to ensure timely and accurate scheduling and 

21 reporting of actual completed work hours and activi22 ties;’’. 

23 (c) REPORT.— 

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

25 after the date of the enactment of this section with 


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1 respect to subsection (a) and paragraphs (18) and 

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

3 of 2002 (as amended by subsection (b)), and annu4 ally thereafter with respect to such paragraphs (18) 

5 and (19), the Secretary shall submit to the appro6 priate congressional committees a report that in7 cludes a status update on— 

8 (A) the implementation of such subsection 

9 (a) and such paragraphs (18) and (19); and 

10 (B) each relevant workload staffing model. 

11 (2) DATA SOURCES AND METHODOLOGY RE12 QUIRED.—Each report required under paragraph (1) 

13 shall include information relating to the data sources 

14 and methodology used to generate such staffing 

15 models. 

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

17 120 days after the Commissioner develops the workload 

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

19 General of the Department shall review such model and 

20 provide feedback to the Secretary and the appropriate con21 gressional committees with respect to the degree to which 

22 such model is responsive to the recommendations of the 

23 Inspector General, including— 

24 (1) recommendations from the Inspector Gen25 eral’s February 2019 audit; and 


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1 (2) any further recommendations to improve 

2 such model. 

3 (e) APPROPRIATE CONGRESSIONAL COMMITTEES DE4 FINED.—In this section, the term ‘‘appropriate congres5 sional committees’’ means— 

6 (1) the Committee on Homeland Security of the 

7 House of Representatives; and 

8 (2) the Committee on Homeland Security and 

9 Governmental Affairs of the Senate. 

10 Subtitle C—Grants 

11 SEC. 1161. OPERATION STONEGARDEN. 

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

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

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

15 ‘‘SEC. 2009A. OPERATION STONEGARDEN. 

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

17 Department a program to be known as ‘Operation 

18 Stonegarden’, under which the Secretary, acting through 

19 the Administrator, shall make grants to eligible law en20 forcement agencies, through the State administrative 

21 agency, to enhance border security in accordance with this 

22 section. 

23 ‘‘(b) ELIGIBLE RECIPIENTS.—To be eligible to re24 ceive a grant under this section, a law enforcement agen25 cy— 


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1 ‘‘(1) shall be located in— 

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

3 or 

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

5 border; and 

6 ‘‘(2) shall be involved in an active, ongoing, 

7 U.S. Customs and Border Protection operation co8 ordinated through a U.S. Border Patrol sector of9 fice. 

10 ‘‘(c) PERMITTED USES.—The recipient of a grant 

11 under this section may use such grant for— 

12 ‘‘(1) equipment, including maintenance and 

13 sustainment costs; 

14 ‘‘(2) personnel, including overtime and backfill, 

15 in support of enhanced border law enforcement ac16 tivities; 

17 ‘‘(3) any activity permitted for Operation 

18 Stonegarden under the most recent fiscal year De19 partment of Homeland Security’s Homeland Secu20 rity Grant Program Notice of Funding Opportunity; 

21 and 

22 ‘‘(4) any other appropriate activity, as deter23 mined by the Administrator, in consultation with the 

24 Commissioner of U.S. Customs and Border Protec25 tion. 


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

2 shall award grants under this section to grant recipients 

3 for a period of not less than 36 months. 

4 ‘‘(e) REPORT.—For each of fiscal years 2022 through 

5 2026, the Administrator shall submit to the Committee 

6 on Homeland Security of the House of Representatives 

7 and the Committee on Homeland Security and Govern8 mental Affairs of the Senate a report that contains infor9 mation on the expenditure of grants made under this sec10 tion by each grant recipient. 

11 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

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

13 of fiscal years 2022 through 2026 for grants under this 

14 section.’’. 

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

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

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

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

19 the Administrator, may award grants under sections 2003, 

20 2004, 2009, and 2009A to State, local, and Tribal govern21 ments, as appropriate.’’. 

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

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

24 amended by inserting after the item relating to section 

25 2009 the following new item: 

‘‘Sec. 2009A. Operation Stonegarden.’’. 


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1 Subtitle D—Border Security 

2 Certification 

3 SEC. 1181. BORDER SECURITY CERTIFICATION. 

4 (a) IN GENERAL.—No person may receive a visa 

5 under section 4005 of division B of this Act or register 

6 for the Redemption Program under subtitle B of title IV 

7 of such division, until the date that the Sector Chief from 

8 each Border Patrol Sector on the Southern Border 

9 achieves and maintains a 90 percent or greater detection 

10 and apprehension rate of individuals attempting to ille11 gally cross the border in that sector, and makes a certifi12 cation to that effect. The governor of the State in which 

13 the sector is headquartered shall have 180 days to submit 

14 a report to the Border Security Certification Task Force 

15 assessing and reviewing this certification. The Border may 

16 not be considered certified as secure until all 9 Sector 

17 Chiefs and the Border Security Certification Task Force 

18 have certified these metrics have been met, and continue 

19 maintaining these metrics on annual basis thereafter. 

20 (b) BORDER SECURITY CERTIFICATION TASK

21 FORCE.—There is established a Border Security Certifi22 cation Task Force, which shall consist of the following: 

23 (1) A representative appointed by each of the 

24 following: 

25 (A) The Attorney General. 


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1 (B) The Secretary of State. 

2 (C) The Secretary of Defense. 

3 (D) The Director of the Central Intel4 ligence Agency. 

5 (2) A representative appointed by the Governor 

6 of each of the following border States: 

7 (A) Arizona. 

8 (B) California. 

9 (C) New Mexico. 

10 (D) Texas. 

11 (3) A Member of Congress appointed by each of 

12 the following: 

13 (A) The chair of the Committee on Home14 land Security of the House of Representatives. 

15 (B) The ranking member of the Committee 

16 on Homeland Security of the House of Rep17 resentatives. 

18 (C) The chair of the Committee on the Ju19 diciary of the House of Representatives. 

20 (D) The ranking member of the Committee 

21 on the Judiciary of the House of Representa22 tives. 

23 (E) The chair of the Committee on Home24 land Security and Governmental Affairs of the 

25 Senate. 


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1 (F) The ranking member of the Committee 

2 on Homeland Security and Governmental Af3 fairs of the Senate. 

4 (G) The chair of the Committee on the Ju5 diciary of the Senate. 

6 (H) The ranking member of the Com7 mittee on the Judiciary of the Senate. 

8 (4) A person who served as a senior official of 

9 the Department of Homeland Security for any pe10 riod from 2017 to 2020. 

11 (5) A person who served as a senior official of 

12 the Department of Homeland Security for any pe13 riod from 2009 to 2016. 

14 (6) The Chair and Co-chair of the Homeland 

15 Security Advisory Council. 

16 (7) Two members from the National Border Se17 curity Advisory Committee established in section 

18 1119. 

19 The Task Force shall take any action only by majority 

20 vote. 

21 TITLE II—EMERGENCY PORT OF 

22 ENTRY PERSONNEL AND IN23 FRASTRUCTURE FUNDING 

24 SEC. 2101. PORTS OF ENTRY INFRASTRUCTURE. 

25 (a) ADDITIONAL PORTS OF ENTRY.— 


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1 (1) AUTHORITY.—The Administrator of Gen2 eral Services may, subject to section 3307 of title 

3 40, United States Code, construct new ports of entry 

4 along the northern border and southern border at lo5 cations determined by the Secretary. 

6 (2) CONSULTATION.— 

7 (A) REQUIREMENT TO CONSULT.—The 

8 Secretary and the Administrator of General 

9 Services shall consult with the Secretary of 

10 State, the Secretary of the Interior, the Sec11 retary of Agriculture, the Secretary of Trans12 portation, and appropriate representatives of 

13 State and local governments, and Indian tribes, 

14 and property owners in the United States prior 

15 to determining a location for any new port of 

16 entry constructed pursuant to paragraph (1). 

17 (B) CONSIDERATIONS.—The purpose of 

18 the consultations required by subparagraph (A) 

19 shall be to minimize any negative impacts of 

20 constructing a new port of entry on the environ21 ment, culture, commerce, and quality of life of 

22 the communities and residents located near 

23 such new port. 

24 (b) EXPANSION AND MODERNIZATION OF HIGH-PRI25 ORITY SOUTHERN BORDER PORTS OF ENTRY.—Not later 


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1 than September 30, 2026, the Administrator of General 

2 Services, subject to section 3307 of title 40, United States 

3 Code, and in coordination with the Secretary, shall expand 

4 or modernize high-priority ports of entry on the southern 

5 border, as determined by the Secretary, for the purposes 

6 of reducing wait times and enhancing security. 

7 (c) PORT OF ENTRY PRIORITIZATION.—Prior to con8 structing any new ports of entry pursuant to subsection 

9 (a), the Administrator of General Services shall complete 

10 the expansion and modernization of ports of entry pursu11 ant to subsection (b) to the extent practicable. 

12 (d) NOTIFICATIONS.— 

13 (1) RELATING TO NEW PORTS OF ENTRY.—Not 

14 later than 15 days after determining the location of 

15 any new port of entry for construction pursuant to 

16 subsection (a), the Secretary and the Administrator 

17 of General Services shall jointly notify the Members 

18 of Congress who represent the State or congressional 

19 district in which such new port of entry will be lo20 cated, as well as the Committee on Homeland Secu21 rity and Governmental Affairs, the Committee on 

22 Finance, the Committee on Commerce, Science, and 

23 Transportation, and the Committee on the Judiciary 

24 of the Senate, and the Committee on Homeland Se25 curity, the Committee on Ways and Means, the 


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1 Committee on Transportation and Infrastructure, 

2 and the Committee on the Judiciary of the House of 

3 Representatives. Such notification shall include in4 formation relating to the location of such new port 

5 of entry, a description of the need for such new port 

6 of entry and associated anticipated benefits, a de7 scription of the consultations undertaken by the Sec8 retary and the Administrator pursuant to paragraph 

9 (2) of such subsection, any actions that will be taken 

10 to minimize negative impacts of such new port of 

11 entry, and the anticipated timeline for construction 

12 and completion of such new port of entry. 

13 (2) RELATING TO EXPANSION AND MODERNIZA14 TION OF PORTS OF ENTRY.—Not later than 180 

15 days after enactment of this Act, the Secretary and 

16 the Administrator of General Services shall jointly 

17 notify the Committee on Homeland Security and 

18 Governmental Affairs, the Committee on Finance, 

19 the Committee on Commerce, Science, and Trans20 portation, and the Committee on the Judiciary of 

21 the Senate, and the Committee on Homeland Secu22 rity, the Committee on Ways and Means, the Com23 mittee on Transportation and Infrastructure, and 

24 the Committee on the Judiciary of the House of 

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1 ern border that are the subject of expansion or mod2 ernization pursuant to subsection (b) and the Sec3 retary’s and Administrator’s plan for expanding or 

4 modernizing each such port of entry. 

5 (e) SAVINGS PROVISION.—Nothing in this section 

6 may be construed to— 

7 (1) create or negate any right of action for a 

8 State, local government, or other person or entity af9 fected by this section; 

10 (2) delay the transfer of the possession of prop11 erty to the United States or affect the validity of 

12 any property acquisitions by purchase or eminent 

13 domain, or to otherwise affect the eminent domain 

14 laws of the United States or of any State; or 

15 (3) create any right or liability for any party. 

16 (f) RULE OF CONSTRUCTION.—Nothing in this sec17 tion may be construed as providing the Secretary new au18 thority related to the construction, acquisition, or renova19 tion of real property. 

20 SEC. 2102. SENSE OF CONGRESS ON COOPERATION BE21 TWEEN AGENCIES. 

22 (a) FINDING.—Congress finds that personnel con23 straints exist at land ports of entry with regard to sanitary 

24 and phytosanitary inspections for exported goods. 


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1 (b) SENSE OF CONGRESS.—It is the sense of Con2 gress that, in the best interest of cross-border trade and 

3 the agricultural community— 

4 (1) any lack of certified personnel for inspection 

5 purposes at ports of entry should be addressed by 

6 seeking cooperation between agencies and depart7 ments of the United States, whether in the form of 

8 a memorandum of understanding or through a cer9 tification process, whereby additional existing agents 

10 are authorized for additional hours to facilitate and 

11 expedite the flow of legitimate trade and commerce 

12 of perishable goods in a manner consistent with 

13 rules of the Department of Agriculture; and 

14 (2) cross designation should be available for 

15 personnel who will assist more than one agency or 

16 department of the United States at land ports of 

17 entry to facilitate and expedite the flow of increased 

18 legitimate trade and commerce. 

19 SEC. 2103. AUTHORIZATION OF APPROPRIATIONS. 

20 In addition to any amounts otherwise authorized to 

21 be appropriated for such purpose, there is authorized to 

22 be appropriated $4,000,000,000 for each of fiscal years 

23 2022 through 2026 to carry out this title. 


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1 TITLE III—VISA SECURITY AND 

2 INTEGRITY 

3 SEC. 3101. VISA SECURITY. 

4 (a) VISA SECURITY UNITS AT HIGH-RISK POSTS.— 

5 Paragraph (1) of section 428(e) of the Homeland Security 

6 Act of 2002 (6 U.S.C. 236(e)) is amended— 

7 (1) by striking ‘‘The Secretary’’ and inserting 

8 the following: 

9 ‘‘(A) AUTHORIZATION.—Subject to the 

10 minimum number specified in subparagraph 

11 (B), the Secretary’’; and 

12 (2) by adding at the end the following new sub13 paragraph: 

14 ‘‘(B) RISK-BASED ASSIGNMENTS.— 

15 ‘‘(i) IN GENERAL.—In carrying out 

16 subparagraph (A), the Secretary shall as17 sign employees of the Department to not 

18 fewer than 75 diplomatic and consular 

19 posts at which visas are issued. Such as20 signments shall be made— 

21 ‘‘(I) in a risk-based manner; 

22 ‘‘(II) considering the criteria de23 scribed in clause (iii); and 

24 ‘‘(III) in accordance with Na25 tional Security Decision Directive 38 


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1 of June 2, 1982, or any superseding 

2 presidential directive concerning staff3 ing at diplomatic and consular posts. 

4 ‘‘(ii) PRIORITY CONSIDERATION.—In 

5 carrying out National Security Decision 

6 Directive 38 of June 2, 1982, the Sec7 retary of State shall ensure priority consid8 eration of any staffing assignment pursu9 ant to this subparagraph. 

10 ‘‘(iii) CRITERIA DESCRIBED.—The cri11 teria referred to in clause (i) are the fol12 lowing: 

13 ‘‘(I) The number of nationals of 

14 a country in which any of the diplo15 matic and consular posts referred to 

16 in clause (i) are located who were 

17 identified in United States Govern18 ment databases related to the identi19 ties of known or suspected terrorists 

20 during the previous year. 

21 ‘‘(II) Information on the coopera22 tion of such country with the counter23 terrorism efforts of the United States. 

24 ‘‘(III) Information analyzing the 

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1 rorist organizations (as such term is 

2 defined in section 212(a)(3)(B)(vi) of 

3 the Immigration and Nationality Act 

4 (8 U.S.C. 1182(a)(3)(B)(vi))) within 

5 or through such country. 

6 ‘‘(IV) The number of formal ob7 jections based on derogatory informa8 tion issued by the Visa Security Advi9 sory Opinion Unit pursuant to para10 graph (10) regarding nationals of a 

11 country in which any of the diplomatic 

12 and consular posts referred to in 

13 clause (i) are located. 

14 ‘‘(V) The adequacy of the border 

15 and immigration control of such coun16 try. 

17 ‘‘(VI) Any other criteria the Sec18 retary determines appropriate.’’. 

19 (b) COUNTERTERROR VETTING AND SCREENING.— 

20 Paragraph (2) of section 428(e) of the Homeland Security 

21 Act of 2002 is amended— 

22 (1) by redesignating subparagraph (C) as sub23 paragraph (D); and 

24 (2) by inserting after subparagraph (B) the fol25 lowing new subparagraph: 


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1 ‘‘(C) Screen any such applications against 

2 the appropriate criminal, national security, and 

3 terrorism databases maintained by the Federal 

4 Government.’’. 

5 (c) TRAINING AND HIRING.—Subparagraph (A) of 

6 section 428(e)(6) of the Homeland Security Act of 2002 

7 is amended by— 

8 (1) striking ‘‘The Secretary shall ensure, to the 

9 extent possible, that any employees’’ and inserting 

10 ‘‘The Secretary, acting through the Commissioner of 

11 U.S. Customs and Border Protection and the Direc12 tor of U.S. Immigration and Customs Enforcement, 

13 shall provide training to any employees’’; and 

14 (2) striking ‘‘shall be provided the necessary 

15 training’’. 

16 (d) PRE-ADJUDICATED VISA SECURITY ASSISTANCE

17 AND VISA SECURITY ADVISORY OPINION UNIT.—Sub18 section (e) of section 428 of the Homeland Security Act 

19 of 2002 is amended by adding at the end the following 

20 new paragraphs: 

21 ‘‘(9) REMOTE PRE-ADJUDICATED VISA SECU22 RITY ASSISTANCE.—At the visa-issuing posts at 

23 which employees of the Department are not assigned 

24 pursuant to paragraph (1), the Secretary shall, in a 

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1 ment to remotely perform the functions required 

2 under paragraph (2) at not fewer than 50 of such 

3 posts. 

4 ‘‘(10) VISA SECURITY ADVISORY OPINION

5 UNIT.—The Secretary shall establish within U.S. 

6 Immigration and Customs Enforcement a Visa Secu7 rity Advisory Opinion Unit to respond to requests 

8 from the Secretary of State to conduct a visa secu9 rity review using information maintained by the De10 partment on visa applicants, including terrorism as11 sociation, criminal history, counter-proliferation, and 

12 other relevant factors, as determined by the Sec13 retary.’’. 

14 (e) DEADLINES.—The requirements established 

15 under paragraphs (1) and (9) of section 428(e) of the 

16 Homeland Security Act of 2002 (6 U.S.C. 236(e)), as 

17 amended and added by this section, shall be implemented 

18 not later than three years after the date of the enactment 

19 of this Act. 

20 (f) FUNDING.— 

21 (1) ADDITIONAL VISA FEE.— 

22 (A) IN GENERAL.—The Secretary of State, 

23 in consultation with the Secretary of Homeland 

24 Security, shall charge a fee in support of visa 

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1 tion and Customs Enforcement account. Fees 

2 imposed pursuant to this subsection shall be 

3 available only to the extent provided in advance 

4 by appropriations Acts. 

5 (B) AMOUNT OF FEE.—The total amount 

6 of the additional fee charged pursuant to this 

7 subsection shall be equal to an amount suffi8 cient to cover the annual costs of the visa secu9 rity program established by the Secretary of 

10 Homeland Security under section 428(e) of the 

11 Homeland Security Act of 2002 (6 U.S.C. 

12 236(e)), as amended by this section. 

13 (2) USE OF FEES.—Amounts deposited in the 

14 U.S. Immigration and Customs Enforcement ac15 count pursuant to paragraph (1) are authorized to 

16 be appropriated to the Secretary of Homeland Secu17 rity for the funding of the visa security program re18 ferred to in such paragraph. 

19 SEC. 3102. ELECTRONIC PASSPORT SCREENING AND BIO20 METRIC MATCHING. 

21 (a) IN GENERAL.—Subtitle B of title IV of the 

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

23 as amended by section 2106 of this division, is further 

24 amended by adding at the end the following new sections: 


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1 ‘‘SEC. 420A. ELECTRONIC PASSPORT SCREENING AND BIO2 METRIC MATCHING. 

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

4 date of the enactment of this section, the Commissioner 

5 of U.S. Customs and Border Protection shall— 

6 ‘‘(1) screen electronic passports at airports of 

7 entry by reading each such passport’s embedded 

8 chip; and 

9 ‘‘(2) to the greatest extent practicable, utilize 

10 facial recognition technology or other biometric tech11 nology, as determined by the Commissioner, to in12 spect travelers at United States airports of entry. 

13 ‘‘(b) APPLICABILITY.— 

14 ‘‘(1) ELECTRONIC PASSPORT SCREENING.— 

15 Paragraph (1) of subsection (a) shall apply to pass16 ports belonging to individuals who are United States 

17 citizens, individuals who are nationals of a program 

18 country pursuant to section 217 of the Immigration 

19 and Nationality Act (8 U.S.C. 1187), and individ20 uals who are nationals of any other foreign country 

21 that issues electronic passports. 

22 ‘‘(2) FACIAL RECOGNITION MATCHING.—Para23 graph (2) of subsection (a) shall apply, at a min24 imum, to individuals who are nationals of a program 

25 country pursuant to section 217 of the Immigration 

26 and Nationality Act. 


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1 ‘‘(c) ANNUAL REPORT.—The Commissioner of U.S. 

2 Customs and Border Protection, in collaboration with the 

3 Chief Privacy Officer of the Department, shall issue to the 

4 Committee on Homeland Security of the House of Rep5 resentatives and the Committee on Homeland Security 

6 and Governmental Affairs of the Senate an annual report 

7 through fiscal year 2026 on the utilization of facial rec8 ognition technology and other biometric technology pursu9 ant to subsection (a)(2). Each such report shall include 

10 information on the type of technology used at each airport 

11 of entry, the number of individuals who were subject to 

12 inspection using either of such technologies at each airport 

13 of entry, and within the group of individuals subject to 

14 such inspection at each airport, the number of those indi15 viduals who were United States citizens and legal perma16 nent residents. Each such report shall provide information 

17 on the disposition of data collected during the year covered 

18 by such report, together with information on protocols for 

19 the management of collected biometric data, including 

20 timeframes and criteria for storing, erasing, destroying, 

21 or otherwise removing such data from databases utilized 

22 by the Department. 


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1 ‘‘SEC. 420B. CONTINUOUS SCREENING BY U.S. CUSTOMS 

2 AND BORDER PROTECTION. 

3 ‘‘The Commissioner of U.S. Customs and Border 

4 Protection shall, in a risk-based manner, continuously 

5 screen individuals issued any visa, and individuals who are 

6 nationals of a program country pursuant to section 217 

7 of the Immigration and Nationality Act (8 U.S.C. 1187), 

8 who are present, or are expected to arrive within 30 days, 

9 in the United States, against the appropriate criminal, na10 tional security, and terrorism databases maintained by the 

11 Federal Government.’’. 

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

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

14 amended by inserting after the item relating to section 

15 420 the following new items: 

‘‘Sec. 420A. Electronic passport screening and biometric matching. 

‘‘Sec. 420B. Continuous screening by U.S. Customs and Border Protection.’’. 

16 SEC. 3103. REPORTING OF VISA OVERSTAYS. 

17 Section 2 of Public Law 105–173 (8 U.S.C. 1376) 

18 is amended— 

19 (1) in subsection (a)— 

20 (A) by striking ‘‘Attorney General’’ and in21 serting ‘‘Secretary of Homeland Security’’; and 

22 (B) by inserting before the period at the 

23 end the following: ‘‘, and any additional infor24 mation that the Secretary determines necessary 


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1 for purposes of the report under subsection 

2 (b)’’; and 

3 (2) by amending subsection (b) to read as fol4 lows: 

5 ‘‘(b) ANNUAL REPORT.—Not later than September 

6 30, 2023, and not later than September 30 of each year 

7 thereafter, the Secretary of Homeland Security shall sub8 mit to the Committee on Homeland Security and the Com9 mittee on the Judiciary of the House of Representatives 

10 and to the Committee on Homeland Security and Govern11 mental Affairs and the Committee on the Judiciary of the 

12 Senate a report providing, for the preceding fiscal year, 

13 numerical estimates (including information on the meth14 odology utilized to develop such numerical estimates) of— 

15 ‘‘(1) for each country, the number of aliens 

16 from the country who are described in subsection 

17 (a), including— 

18 ‘‘(A) the total number of such aliens within 

19 all classes of nonimmigrant aliens described in 

20 section 101(a)(15) of the Immigration and Na21 tionality Act (8 U.S.C. 1101(a)(15)); and 

22 ‘‘(B) the number of such aliens within each 

23 of the classes of nonimmigrant aliens, as well as 

24 the number of such aliens within each of the 


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1 subclasses of such classes of nonimmigrant 

2 aliens, as applicable; 

3 ‘‘(2) for each country, the percentage of the 

4 total number of aliens from the country who were 

5 present in the United States and were admitted to 

6 the United States as nonimmigrants who are de7 scribed in subsection (a); 

8 ‘‘(3) the number of aliens described in sub9 section (a) who arrived by land at a port of entry 

10 into the United States; 

11 ‘‘(4) the number of aliens described in sub12 section (a) who entered the United States using a 

13 border crossing identification card (as such term is 

14 defined in section 101(a)(6) of the Immigration and 

15 Nationality Act (8 U.S.C. 1101(a)(6))); and 

16 ‘‘(5) the number of Canadian nationals who en17 tered the United States without a visa whose author18 ized period of stay in the United States terminated 

19 during the previous fiscal year, but who remained in 

20 the United States.’’. 

21 SEC. 3104. STUDENT AND EXCHANGE VISITOR INFORMA22 TION SYSTEM VERIFICATION. 

23 Not later than 90 days after the date of the enact24 ment of this Act, the Secretary of Homeland Security shall 

25 ensure that the information collected under the program 


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1 established under section 641 of the Illegal Immigration 

2 Reform and Immigrant Responsibility Act of 1996 (8 

3 U.S.C. 1372) is available to officers of U.S. Customs and 

4 Border Protection for the purpose of conducting primary 

5 inspections of aliens seeking admission to the United 

6 States at each port of entry of the United States. 

7 SEC. 3105. CANCELLATION OF ADDITIONAL VISAS. 

8 (a) IN GENERAL.—Section 222(g) of the Immigra9 tion and Nationality Act (8 U.S.C. 1202(g)) is amended— 

10 (1) in paragraph (1)— 

11 (A) by striking ‘‘Attorney General’’ and in12 serting ‘‘Secretary’’; and 

13 (B) by inserting ‘‘and any other non14 immigrant visa issued by the United States that 

15 is in the possession of the alien’’ after ‘‘such 

16 visa’’; and 

17 (2) in paragraph (2)(A), by striking ‘‘(other 

18 than the visa described in paragraph (1)) issued in 

19 a consular office located in the country of the alien’s 

20 nationality’’ and inserting ‘‘(other than a visa de21 scribed in paragraph (1)) issued in a consular office 

22 located in the country of the alien’s nationality or 

23 foreign residence’’. 

24 (b) EFFECTIVE DATE.—The amendment made by 

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1 ment of this Act and shall apply to a visa issued before, 

2 on, or after such date. 

3 SEC. 3106. VISA INFORMATION SHARING. 

4 (a) IN GENERAL.—Section 222(f) of the Immigration 

5 and Nationality Act (8 U.S.C. 1202(f)(2)) is amended— 

6 (1) by striking ‘‘issuance or refusal’’ and insert7 ing ‘‘issuance, refusal, or revocation’’; 

8 (2) in paragraph (2), in the matter preceding 

9 subparagraph (A), by striking ‘‘and on the basis of 

10 reciprocity’’ and all that follows and inserting the 

11 following ‘‘may provide to a foreign government in12 formation in a Department of State computerized 

13 visa database and, when necessary and appropriate, 

14 other records covered by this section related to infor15 mation in such database—’’; 

16 (3) in paragraph (2)(A)— 

17 (A) by inserting at the beginning ‘‘on the 

18 basis of reciprocity,’’; 

19 (B) by inserting ‘‘(i)’’ after ‘‘for the pur20 pose of’’; and 

21 (C) by striking ‘‘illicit weapons; or’’ and 

22 inserting ‘‘illicit weapons, or (ii) determining a 

23 person’s deportability or eligibility for a visa, 

24 admission, or other immigration benefit;’’; 

25 (4) in paragraph (2)(B)— 


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1 (A) by inserting at the beginning ‘‘on the 

2 basis of reciprocity,’’; 

3 (B) by striking ‘‘in the database’’ and in4 serting ‘‘such database’’; 

5 (C) by striking ‘‘for the purposes’’ and in6 serting ‘‘for one of the purposes’’; and 

7 (D) by striking ‘‘or to deny visas to per8 sons who would be inadmissible to the United 

9 States.’’ and inserting ‘‘; or’’; and 

10 (5) in paragraph (2), by adding at the end the 

11 following: 

12 ‘‘(C) with regard to any or all aliens in the 

13 database specified data elements from each 

14 record, if the Secretary of State determines that 

15 it is in the national interest to provide such in16 formation to a foreign government.’’. 

17 (b) EFFECTIVE DATE.—The amendments made by 

18 subsection (a) shall take effect 60 days after the date of 

19 the enactment of this Act. 

20 SEC. 3107. FRAUD PREVENTION. 

21 (a) PROSPECTIVE ANALYTICS TECHNOLOGY.— 

22 (1) PLAN FOR IMPLEMENTATION.—Not later 

23 than 180 days after the date of the enactment of 

24 this Act, the Secretary of Homeland Security shall 

25 submit to the Committee on the Judiciary of the 


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1 House of Representatives and the Committee on the 

2 Judiciary of the Senate a plan for the use of ad3 vanced analytics software to ensure the proactive de4 tection of fraud in immigration benefits applications 

5 and petitions and to ensure that any such applicant 

6 or petitioner does not pose a threat to national secu7 rity. 

8 (2) IMPLEMENTATION OF PLAN.—Not later 

9 than 1 year after the date of the submission of the 

10 plan under paragraph (1), the Secretary of Home11 land Security shall begin implementation of the plan. 

12 (b) BENEFITS FRAUD ASSESSMENT.— 

13 (1) IN GENERAL.—The Secretary of Homeland 

14 Security, acting through the Fraud Detection and 

15 Nationality Security Directorate, shall complete a 

16 benefit fraud assessment by fiscal year 2023 on each 

17 of the following: 

18 (A) Petitions by VAWA self-petitioners (as 

19 such term is defined in section 101(a)(51) of 

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

21 1101(a)(51))). 

22 (B) Applications or petitions for visas or 

23 status under section 101(a)(15)(K) of such Act 

24 or under section 201(b)(2) of such Act, in the 

25 case of spouses (8 U.S.C. 1101(a)(15)(K)). 


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1 (C) Applications for visas or status under 

2 section 101(a)(27)(J) of such Act (8 U.S.C. 

3 1101(a)(27)(J)). 

4 (D) Applications for visas or status under 

5 section 101(a)(15)(U) of such Act (8 U.S.C. 

6 1101(a)(15)(U)). 

7 (E) Petitions for visas or status under sec8 tion 101(a)(27)(C) of such Act (8 U.S.C. 

9 1101(a)(27)(C)). 

10 (F) Applications for asylum under section 

11 208 of such Act (8 U.S.C. 1158). 

12 (G) Applications for adjustment of status 

13 under section 209 of such Act (8 U.S.C. 1159). 

14 (H) Petitions for visas or status under sec15 tion 201(b) of such Act (8 U.S.C. 1151(b)). 

16 (2) REPORTING ON FINDINGS.—Not later than 

17 30 days after the completion of each benefit fraud 

18 assessment under paragraph (1), the Secretary shall 

19 submit to the Committee on the Judiciary of the 

20 House of Representatives and the Committee on the 

21 Judiciary of the Senate such assessment and rec22 ommendations on how to reduce the occurrence of 

23 instances of fraud identified by the assessment. 


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1 SEC. 3108. VISA INELIGIBILITY FOR SPOUSES AND CHIL2 DREN OF DRUG TRAFFICKERS. 

3 Section 212(a)(2) of the Immigration and Nationality 

4 Act (8 U.S.C. 1182(a)(2)) is amended— 

5 (1) in subparagraph (C)(ii), by striking ‘‘is the 

6 spouse, son, or daughter’’ and inserting ‘‘is or has 

7 been the spouse, son, or daughter’’; and 

8 (2) in subparagraph (H)(ii), by striking ‘‘is the 

9 spouse, son, or daughter’’ and inserting ‘‘is or has 

10 been the spouse, son, or daughter’’. 

11 SEC. 3109. DNA TESTING. 

12 Section 222(b) of the Immigration and Nationality 

13 Act (8 U.S.C. 1202(b)) is amended by inserting ‘‘Where 

14 considered necessary, by the consular officer or immigra15 tion official, to establish family relationships, the immi16 grant shall provide DNA evidence of such a relationship 

17 in accordance with procedures established for submitting 

18 such evidence. The Secretary and the Secretary of State 

19 may, in consultation, issue regulations to require DNA 

20 evidence to establish family relationship, from applicants 

21 for certain visa classifications.’’ after ‘‘and a certified copy 

22 of all other records or documents concerning him or his 

23 case which may be required by the consular officer.’’. 


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1 SEC. 3110. DNA COLLECTION CONSISTENT WITH FEDERAL 

2 LAW. 

3 Not later than 14 days after the date of the enact4 ment of this section, the Secretary shall ensure and certify 

5 to the Committee on Homeland Security of the House of 

6 Representatives and the Committee on Homeland Security 

7 and Governmental Affairs of the Senate that CBP is fully 

8 compliant with the DNA Fingerprint Act of 2005 (Public 

9 Law 109–162; 119 Stat. 3084) at all border facilities that 

10 process adults, including as part of a family unit, in the 

11 custody of CBP at the border. 

12 TITLE IV—TRANSNATIONAL 

13 CRIMINAL ORGANIZATION IL14 LICIT SPOTTER PREVENTION 

15 AND ELIMINATION 

16 SEC. 4101. SHORT TITLE. 

17 This title may be cited as the ‘‘Transnational Crimi18 nal Organization Illicit Spotter Prevention and Elimi19 nation Act’’. 

20 SEC. 4102. ILLICIT SPOTTING. 

21 Section 1510 of title 18, United States Code, is 

22 amended by adding at the end the following: 

23 ‘‘(f) Any person who knowingly transmits, by any 

24 means, to another person the location, movement, or ac25 tivities of any officer or agent of a Federal, State, local, 

26 or tribal law enforcement agency with the intent to further 


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1 a criminal offense under the immigration laws (as such 

2 term is defined in section 101 of the Immigration and Na3 tionality Act), the Controlled Substances Act, or the Con4 trolled Substances Import and Export Act, or that relates 

5 to agriculture or monetary instruments shall be fined 

6 under this title or imprisoned not more than 10 years, or 

7 both.’’. 

8 SEC. 4103. UNLAWFULLY HINDERING IMMIGRATION, BOR9 DER, AND CUSTOMS CONTROLS. 

10 (a) BRINGING IN AND HARBORING OF CERTAIN

11 ALIENS.—Section 274(a) of the Immigration and Nation12 ality Act (8 U.S.C. 1324(a)) is amended— 

13 (1) in paragraph (2), by striking ‘‘brings to or 

14 attempts to’’ and inserting the following: ‘‘brings to 

15 or knowingly attempts or conspires to’’; and 

16 (2) by adding at the end the following: 

17 ‘‘(5) In the case of a person who has brought 

18 aliens into the United States in violation of this sub19 section, the sentence otherwise provided for may be 

20 increased by up to 10 years if that person, at the 

21 time of the offense, used or carried a firearm or 

22 who, in furtherance of any such crime, possessed a 

23 firearm.’’. 

24 (b) AIDING OR ASSISTING CERTAIN ALIENS TO

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1 gration and Nationality Act (8 U.S.C. 1327) is amend2 ed— 

3 (1) by inserting after ‘‘knowingly aids or as4 sists’’ the following: ‘‘or attempts to aid or assist’’; 

5 and 

6 (2) by adding at the end the following: ‘‘In the 

7 case of a person convicted of an offense under this 

8 section, the sentence otherwise provided for may be 

9 increased by up to 10 years if that person, at the 

10 time of the offense, used or carried a firearm or 

11 who, in furtherance of any such crime, possessed a 

12 firearm.’’. 

13 (c) DESTRUCTION OF UNITED STATES BORDER CON14 TROLS.—Section 1361 of title 18, United States Code, is 

15 amended— 

16 (1) by striking ‘‘If the damage’’ and inserting 

17 the following: 

18 ‘‘(1) Except as otherwise provided in this sec19 tion, if the damage’’; and 

20 (2) by adding at the end the following: 

21 ‘‘(2) If the injury or depredation was made or 

22 attempted against any fence, barrier, sensor, cam23 era, or other physical or electronic device deployed 

24 by the Federal Government to control the border or 

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1 struct, excavate, or make any structure intended to 

2 defeat, circumvent, or evade any such fence, barrier, 

3 sensor camera, or other physical or electronic device 

4 deployed by the Federal Government to control the 

5 border or a port of entry, by a fine under this title 

6 or imprisonment for not more than 15 years, or 

7 both. 

8 ‘‘(3) If the injury or depredation was described 

9 under paragraph (2) and, in the commission of the 

10 offense, the offender used or carried a firearm or, in 

11 furtherance of any such offense, possessed a firearm, 

12 by a fine under this title or imprisonment for not 

13 more than 20 years, or both.’’. 

14 SEC. 4104. REPORT ON SMUGGLING. 

15 The Secretary of Homeland Security, in coordination 

16 with the heads of appropriate Federal agencies, shall de17 velop a regularly updated intelligence driven analysis that 

18 includes— 

19 (1) migrant perceptions of United States law 

20 and policy at the border, including human smuggling 

21 organization messaging and propaganda; 

22 (2) tactics, techniques, and procedures used by 

23 human smuggling organizations to exploit border se24 curity vulnerabilities to facilitate such smuggling ac25 tivities across the border; 


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1 (3) the methods and use of technology to orga2 nize and encourage irregular migration and under3 mine border security; and 

4 (4) any other information the Secretary deter5 mines appropriate. 

6 TITLE V—BORDER SECURITY 

7 FUNDING 

8 SEC. 5101. BORDER SECURITY FUNDING. 

9 (a) FUNDING.—In addition to amounts otherwise 

10 made available by this Act or any other provision of law, 

11 there is hereby appropriated to the ‘‘U.S. Customs and 

12 Border Protection—Procurement, Construction, and Im13 provements’’ account, out of any amounts in the Treasury 

14 not otherwise appropriated, $25,000,000,000, to be avail15 able for— 

16 (1) a full border infrastructure system, includ17 ing enhanced physical barriers and associated detec18 tion technology, roads, and lighting; and 

19 (2) infrastructure, assets, operations, and the 

20 most up-to-date technology to enhance border secu21 rity along the United States, including— 

22 (A) border security technology, including 

23 surveillance technology, at and between ports of 

24 entry; 


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1 (B) new roads and improvements to exist2 ing roads; 

3 (C) U.S. Border Patrol facilities and ports 

4 of entry; 

5 (D) aircraft, aircraft-based sensors and as6 sociated technology, vessels, spare parts, and 

7 equipment to maintain such assets; 

8 (E) a biometric entry and exit system; and 

9 (F) family residential centers. 

10 (b) AVAILABILITY OF BORDER BARRIER SYSTEM

11 FUNDS.— 

12 (1) IN GENERAL.—Of the amount appropriated 

13 in subsection (a)(1)— 

14 (A) $3,041,000,000 shall become available 

15 October 1, 2022; 

16 (B) $2,608,000,000 shall become available 

17 October 1, 2023; 

18 (C) $1,715,000,000 shall become available 

19 October 1, 2024; 

20 (D) $2,140,000,000 shall become available 

21 October 1, 2025; 

22 (E) $1,735,000,000 shall become available 

23 October 1, 2026; 

24 (F) $1,746,000,000 shall become available 

25 October 1, 2027; 


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1 (G) $1,776,000,000 shall become available 

2 October 1, 2028; 

3 (H) $1,746,000,000 shall become available 

4 October 1, 2029; and 

5 (I) $1,718,000,000 shall become available 

6 October 1, 2030. 

7 (c) AVAILABILITY OF BORDER SECURITY INVEST8 MENT FUNDS.— 

9 (1) IN GENERAL.—Of the amount appropriated 

10 in subsection (a)(2)— 

11 (A) $500,000,000 shall become available 

12 October 1, 2022; 

13 (B) $1,850,000,000 shall become available 

14 October 1, 2023; 

15 (C) $1,950,000,000 shall become available 

16 October 1, 2024; 

17 (D) $1,925,000,000 shall become available 

18 October 1, 2025; and 

19 (E) $550,000,000 shall become available 

20 October 1, 2026. 

21 (d) MULTI-YEAR SPENDING PLAN.—The Secretary 

22 of Homeland Security shall include in the budget justifica23 tion materials submitted in support of the President’s an24 nual budget request for fiscal year 2023 (as submitted 

25 under section 1105(a) of title 31, United States Code) a 


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1 multi-year spending plan for the amounts made available 

2 under subsection (a). 

3 (e) QUARTERLY BRIEFING REQUIREMENT.—Begin4 ning not later than 180 days after the date of the enact5 ment of this Act, and quarterly thereafter, the Commis6 sioner of U.S. Customs and Border Protection shall brief 

7 the Committees on Appropriations of the Senate and the 

8 House of Representatives regarding activities under and 

9 progress made in carrying out this section. 

10 SEC. 5102. EXCLUSION FROM PAYGO SCORECARDS. 

11 The budgetary effects of this Act shall not be entered 

12 on either PAYGO scorecard maintained pursuant to sec13 tion 4(d) of the Statutory Pay-As-You-Go Act of 2010. 

14 SEC. 5103. FUNDING MATTERS. 

15 (a) IMMIGRATION INFRASTRUCTURE FUND.— 

16 (1) IN GENERAL.—Subchapter A of chapter 98 

17 of the Internal Revenue Code of 1986 is amended by 

18 adding at the end the following new section: 

19 ‘‘SEC. 9512. IMMIGRATION INFRASTRUCTURE FUND. 

20 ‘‘(a) CREATION OF TRUST FUND.—There is hereby 

21 established in the Treasury of the United States a trust 

22 fund to be known as the Immigration Infrastructure 

23 Fund, consisting of such amounts as may be appropriated 

24 or credited to such Fund as provided in this section or 

25 section 9602(b). 


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1 ‘‘(b) TRANSFER TO TRUST FUND OF AMOUNTS

2 EQUIVALENT TO CERTAIN TAXES.—There are hereby ap3 propriated to the Immigration Infrastructure Fund 

4 amounts equivalent to the taxes received in the Treasury 

5 under section 4004 of division B of the Dignity for Immi6 grants while Guarding our Nation to Ignite and Deliver 

7 the American Dream Act paid or incurred by taxpayers 

8 who are aliens and participants in the Dignity Program 

9 under title IV of division B of the Dignity for Immigrants 

10 while Guarding our Nation to Ignite and Deliver the 

11 American Dream Act. 

12 ‘‘(c) EXPENDITURES FROM TRUST FUND.—Amounts 

13 in the Immigration Infrastructure Fund shall be available 

14 to carry out the Dignity for Immigrants while Guarding 

15 our Nation to Ignite and Deliver the American Dream Act 

16 and the amendments made by such Act.’’. 

17 (2) CLERICAL AMENDMENT.—The table of sec18 tions for subchapter A of chapter 98 of such Code 

19 is amended by adding at the end the following new 

20 item: 

‘‘Sec. 9512. Immigration Infrastructure Fund.’’. 

21 (3) EFFECTIVE DATE.—The amendments made 

22 by this Act shall apply to amounts received after the 

23 date of the enactment of this Act. 


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1 TITLE VI—MANDATORY E2 VERIFY 

3 SEC. 6101. SHORT TITLE. 

4 This title may be cited as the ‘‘Legal Workforce Act’’. 

5 SEC. 6102. EMPLOYMENT ELIGIBILITY VERIFICATION 

6 PROCESS. 

7 (a) IN GENERAL.—Section 274A(b) of the Immigra8 tion and Nationality Act (8 U.S.C. 1324a(b)) is amended 

9 to read as follows: 

10 ‘‘(b) EMPLOYMENT ELIGIBILITY VERIFICATION

11 PROCESS.— 

12 ‘‘(1) NEW HIRES, RECRUITMENT, AND REFER13 RAL.—The requirements referred to in paragraphs 

14 (1)(B) and (3) of subsection (a) are, in the case of 

15 a person or other entity hiring, recruiting, or refer16 ring an individual for employment in the United 

17 States, the following: 

18 ‘‘(A) ATTESTATION AFTER EXAMINATION

19 OF DOCUMENTATION.— 

20 ‘‘(i) ATTESTATION.—During the 

21 verification period (as defined in subpara22 graph (E)), the person or entity shall at23 test, under penalty of perjury and on a 

24 form, including electronic and telephonic 

25 formats, designated or established by the 


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1 Secretary by regulation not later than 6 

2 months after the date of the enactment of 

3 the Legal Workforce Act, that it has 

4 verified that the individual is not an unau5 thorized alien by— 

6 ‘‘(I) obtaining from the indi7 vidual the individual’s social security 

8 account number or United States 

9 passport number and recording the 

10 number on the form (if the individual 

11 claims to have been issued such a 

12 number), and, if the individual does 

13 not attest to United States nationality 

14 under subparagraph (B), obtaining 

15 such identification or authorization 

16 number established by the Depart17 ment of Homeland Security for the 

18 alien as the Secretary of Homeland 

19 Security may specify, and recording 

20 such number on the form; and 

21 ‘‘(II) examining— 

22 ‘‘(aa) a document relating to 

23 the individual presenting it de24 scribed in clause (ii); or 


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1 ‘‘(bb) a document relating to 

2 the individual presenting it de3 scribed in clause (iii) and a docu4 ment relating to the individual 

5 presenting it described in clause 

6 (iv). 

7 ‘‘(ii) DOCUMENTS EVIDENCING EM8 PLOYMENT AUTHORIZATION AND ESTAB9 LISHING IDENTITY.—A document de10 scribed in this subparagraph is an individ11 ual’s— 

12 ‘‘(I) unexpired United States 

13 passport or passport card; 

14 ‘‘(II) unexpired permanent resi15 dent card that contains a photograph; 

16 ‘‘(III) unexpired employment au17 thorization card that contains a pho18 tograph; 

19 ‘‘(IV) in the case of a non20 immigrant alien authorized to work 

21 for a specific employer incident to sta22 tus, a foreign passport with Form I– 

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1 immigrant status as long as the pe2 riod of status has not yet expired and 

3 the proposed employment is not in 

4 conflict with any restrictions or limita5 tions identified in the documentation; 

6 ‘‘(V) passport from the Fed7 erated States of Micronesia (FSM) or 

8 the Republic of the Marshall Islands 

9 (RMI) with Form I–94 or Form I– 

10 94A, or other documentation as des11 ignated by the Secretary, indicating 

12 nonimmigrant admission under the 

13 Compact of Free Association Between 

14 the United States and the FSM or 

15 RMI; or 

16 ‘‘(VI) other document designated 

17 by the Secretary of Homeland Secu18 rity, if the document— 

19 ‘‘(aa) contains a photograph 

20 of the individual and biometric 

21 identification data from the indi22 vidual and such other personal 

23 identifying information relating 

24 to the individual as the Secretary 

25 of Homeland Security finds, by 


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1 regulation, sufficient for purposes 

2 of this clause; 

3 ‘‘(bb) is evidence of author4 ization of employment in the 

5 United States; and 

6 ‘‘(cc) contains security fea7 tures to make it resistant to tam8 pering, counterfeiting, and fraud9 ulent use. 

10 ‘‘(iii) DOCUMENTS EVIDENCING EM11 PLOYMENT AUTHORIZATION.—A document 

12 described in this subparagraph is an indi13 vidual’s social security account number 

14 card (other than such a card which speci15 fies on the face that the issuance of the 

16 card does not authorize employment in the 

17 United States). 

18 ‘‘(iv) DOCUMENTS ESTABLISHING

19 IDENTITY OF INDIVIDUAL.—A document 

20 described in this subparagraph is— 

21 ‘‘(I) an individual’s unexpired 

22 State issued driver’s license or identi23 fication card if it contains a photo24 graph and information such as name, 


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1 date of birth, gender, height, eye 

2 color, and address; 

3 ‘‘(II) an individual’s unexpired 

4 U.S. military identification card; 

5 ‘‘(III) an individual’s unexpired 

6 Native American tribal identification 

7 document issued by a tribal entity rec8 ognized by the Bureau of Indian Af9 fairs; or 

10 ‘‘(IV) in the case of an individual 

11 under 18 years of age, a parent or 

12 legal guardian’s attestation under 

13 penalty of law as to the identity and 

14 age of the individual. 

15 ‘‘(v) AUTHORITY TO PROHIBIT USE OF

16 CERTAIN DOCUMENTS.—If the Secretary of 

17 Homeland Security finds, by regulation, 

18 that any document described in clause (i), 

19 (ii), or (iii) as establishing employment au20 thorization or identity does not reliably es21 tablish such authorization or identity or is 

22 being used fraudulently to an unacceptable 

23 degree, the Secretary may prohibit or place 

24 conditions on its use for purposes of this 

25 paragraph. 


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1 ‘‘(vi) SIGNATURE.—Such attestation 

2 may be manifested by either a handwritten 

3 or electronic signature. 

4 ‘‘(B) INDIVIDUAL ATTESTATION OF EM5 PLOYMENT AUTHORIZATION.—During the veri6 fication period (as defined in subparagraph 

7 (E)), the individual shall attest, under penalty 

8 of perjury on the form designated or established 

9 for purposes of subparagraph (A), that the indi10 vidual is a citizen or national of the United 

11 States, an alien lawfully admitted for perma12 nent residence, or an alien who is authorized 

13 under this Act or by the Secretary of Homeland 

14 Security to be hired, recruited, or referred for 

15 such employment. Such attestation may be 

16 manifested by either a handwritten or electronic 

17 signature. The individual shall also provide that 

18 individual’s social security account number or 

19 United States passport number (if the indi20 vidual claims to have been issued such a num21 ber), and, if the individual does not attest to 

22 United States nationality under this subpara23 graph, such identification or authorization num24 ber established by the Department of Homeland 


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1 Security for the alien as the Secretary may 

2 specify. 

3 ‘‘(C) RETENTION OF VERIFICATION FORM

4 AND VERIFICATION.— 

5 ‘‘(i) IN GENERAL.—After completion 

6 of such form in accordance with subpara7 graphs (A) and (B), the person or entity 

8 shall— 

9 ‘‘(I) retain a paper, microfiche, 

10 microfilm, or electronic version of the 

11 form and make it available for inspec12 tion by officers of the Department of 

13 Homeland Security, the Department 

14 of Justice, or the Department of 

15 Labor during a period beginning on 

16 the date of the recruiting or referral 

17 of the individual, or, in the case of the 

18 hiring of an individual, the date on 

19 which the verification is completed, 

20 and ending— 

21 ‘‘(aa) in the case of the re22 cruiting or referral of an indi23 vidual, 3 years after the date of 

24 the recruiting or referral; and 


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1 ‘‘(bb) in the case of the hir2 ing of an individual, the later of 

3 3 years after the date the verifi4 cation is completed or one year 

5 after the date the individual’s 

6 employment is terminated; and 

7 ‘‘(II) during the verification pe8 riod (as defined in subparagraph (E)), 

9 make an inquiry, as provided in sub10 section (d), using the verification sys11 tem to seek verification of the identity 

12 and employment eligibility of an indi13 vidual. 

14 ‘‘(ii) CONFIRMATION.— 

15 ‘‘(I) CONFIRMATION RE16 CEIVED.—If the person or other entity 

17 receives an appropriate confirmation 

18 of an individual’s identity and work 

19 eligibility under the verification sys20 tem within the time period specified, 

21 the person or entity shall record on 

22 the form an appropriate code that is 

23 provided under the system and that 

24 indicates a final confirmation of such 


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1 identity and work eligibility of the in2 dividual. 

3 ‘‘(II) TENTATIVE NONCONFIRMA4 TION RECEIVED.—If the person or 

5 other entity receives a tentative non6 confirmation of an individual’s iden7 tity or work eligibility under the 

8 verification system within the time pe9 riod specified, the person or entity 

10 shall so inform the individual for 

11 whom the verification is sought. If the 

12 individual does not contest the non13 confirmation within the time period 

14 specified, the nonconfirmation shall be 

15 considered final. The person or entity 

16 shall then record on the form an ap17 propriate code which has been pro18 vided under the system to indicate a 

19 final nonconfirmation. If the indi20 vidual does contest the nonconfirma21 tion, the individual shall utilize the 

22 process for secondary verification pro23 vided under subsection (d). The non24 confirmation will remain tentative 

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1 firmation is provided by the verifica2 tion system within the time period 

3 specified. In no case shall an employer 

4 terminate employment of an individual 

5 because of a failure of the individual 

6 to have identity and work eligibility 

7 confirmed under this section until a 

8 nonconfirmation becomes final. Noth9 ing in this clause shall apply to a ter10 mination of employment for any rea11 son other than because of such a fail12 ure. In no case shall an employer re13 scind the offer of employment to an 

14 individual because of a failure of the 

15 individual to have identity and work 

16 eligibility confirmed under this sub17 section until a nonconfirmation be18 comes final. Nothing in this subclause 

19 shall apply to a recission of the offer 

20 of employment for any reason other 

21 than because of such a failure. 

22 ‘‘(III) FINAL CONFIRMATION OR

23 NONCONFIRMATION RECEIVED.—If a 

24 final confirmation or nonconfirmation 

25 is provided by the verification system 


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1 regarding an individual, the person or 

2 entity shall record on the form an ap3 propriate code that is provided under 

4 the system and that indicates a con5 firmation or nonconfirmation of iden6 tity and work eligibility of the indi7 vidual. 

8 ‘‘(IV) EXTENSION OF TIME.—If 

9 the person or other entity in good 

10 faith attempts to make an inquiry 

11 during the time period specified and 

12 the verification system has registered 

13 that not all inquiries were received 

14 during such time, the person or entity 

15 may make an inquiry in the first sub16 sequent working day in which the 

17 verification system registers that it 

18 has received all inquiries. If the 

19 verification system cannot receive in20 quiries at all times during a day, the 

21 person or entity merely has to assert 

22 that the entity attempted to make the 

23 inquiry on that day for the previous 

24 sentence to apply to such an inquiry, 


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1 and does not have to provide any ad2 ditional proof concerning such inquiry. 

3 ‘‘(V) CONSEQUENCES OF NON4 CONFIRMATION.— 

5 ‘‘(aa) TERMINATION OR NO6 TIFICATION OF CONTINUED EM7 PLOYMENT.—If the person or 

8 other entity has received a final 

9 nonconfirmation regarding an in10 dividual, the person or entity 

11 may terminate employment of the 

12 individual (or decline to recruit 

13 or refer the individual). If the 

14 person or entity does not termi15 nate employment of the indi16 vidual or proceeds to recruit or 

17 refer the individual, the person or 

18 entity shall notify the Secretary 

19 of Homeland Security of such 

20 fact through the verification sys21 tem or in such other manner as 

22 the Secretary may specify. 

23 ‘‘(bb) FAILURE TO NO24 TIFY.—If the person or entity 

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1 spect to an individual as required 

2 under item (aa), the failure is 

3 deemed to constitute a violation 

4 of subsection (a)(1)(A) with re5 spect to that individual. 

6 ‘‘(VI) CONTINUED EMPLOYMENT

7 AFTER FINAL NONCONFIRMATION.—If 

8 the person or other entity continues to 

9 employ (or to recruit or refer) an indi10 vidual after receiving final noncon11 firmation, a rebuttable presumption is 

12 created that the person or entity has 

13 violated subsection (a)(1)(A). 

14 ‘‘(D) EFFECTIVE DATES OF NEW PROCE15 DURES.— 

16 ‘‘(i) HIRING.—Except as provided in 

17 clause (iii), the provisions of this para18 graph shall apply to a person or other enti19 ty hiring an individual for employment in 

20 the United States as follows: 

21 ‘‘(I) With respect to employers 

22 having 10,000 or more employees in 

23 the United States on the date of the 

24 enactment of the Legal Workforce 

25 Act, on the date that is 6 months 


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1 after the date of the enactment of 

2 such Act. 

3 ‘‘(II) With respect to employers 

4 having 500 or more employees in the 

5 United States, but less than 10,000 

6 employees in the United States, on 

7 the date of the enactment of the 

8 Legal Workforce Act, on the date that 

9 is 12 months after the date of the en10 actment of such Act. 

11 ‘‘(III) With respect to employers 

12 having 20 or more employees in the 

13 United States, but less than 500 em14 ployees in the United States, on the 

15 date of the enactment of the Legal 

16 Workforce Act, on the date that is 18 

17 months after the date of the enact18 ment of such Act. 

19 ‘‘(IV) With respect to employers 

20 having one or more employees in the 

21 United States, but less than 20 em22 ployees in the United States, on the 

23 date of the enactment of the Legal 

24 Workforce Act, on the date that is 24 


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1 months after the date of the enact2 ment of such Act. 

3 ‘‘(ii) RECRUITING AND REFERRING.— 

4 Except as provided in clause (iii), the pro5 visions of this paragraph shall apply to a 

6 person or other entity recruiting or refer7 ring an individual for employment in the 

8 United States on the date that is 12 

9 months after the date of the enactment of 

10 the Legal Workforce Act. 

11 ‘‘(iii) AGRICULTURAL LABOR OR SERV12 ICES.—With respect to an employee per13 forming agricultural labor or services, this 

14 paragraph shall not apply with respect to 

15 the verification of the employee until the 

16 date that is 30 months after the date of 

17 the enactment of the Legal Workforce Act. 

18 For purposes of the preceding sentence, 

19 the term ‘agricultural labor or services’ has 

20 the meaning given such term by the Sec21 retary of Agriculture in regulations and in22 cludes agricultural labor as defined in sec23 tion 3121(g) of the Internal Revenue Code 

24 of 1986, agriculture as defined in section 

25 3(f) of the Fair Labor Standards Act of 


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1 1938 (29 U.S.C. 203(f)), the handling, 

2 planting, drying, packing, packaging, proc3 essing, freezing, or grading prior to deliv4 ery for storage of any agricultural or horti5 cultural commodity in its unmanufactured 

6 state, all activities required for the prepa7 ration, processing or manufacturing of a 

8 product of agriculture (as such term is de9 fined in such section 3(f)) for further dis10 tribution, and activities similar to all the 

11 foregoing as they relate to fish or shellfish 

12 facilities. An employee described in this 

13 clause shall not be counted for purposes of 

14 clause (i). 

15 ‘‘(iv) EXTENSIONS.—Upon request by 

16 an employer having 50 or fewer employees, 

17 the Secretary shall allow a one-time 6- 

18 month extension of the effective date set 

19 out in this subparagraph applicable to such 

20 employer. Such request shall be made to 

21 the Secretary and shall be made prior to 

22 such effective date. 

23 ‘‘(v) TRANSITION RULE.—Subject to 

24 paragraph (4), the following shall apply to 

25 a person or other entity hiring, recruiting, 


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1 or referring an individual for employment 

2 in the United States until the effective 

3 date or dates applicable under clauses (i) 

4 through (iii): 

5 ‘‘(I) This subsection, as in effect 

6 before the enactment of the Legal 

7 Workforce Act. 

8 ‘‘(II) Subtitle A of title IV of the 

9 Illegal Immigration Reform and Im10 migrant Responsibility Act of 1996 (8 

11 U.S.C. 1324a note), as in effect be12 fore the effective date in section 

13 6107(c) of the Legal Workforce Act. 

14 ‘‘(III) Any other provision of 

15 Federal law requiring the person or 

16 entity to participate in the E-Verify 

17 Program described in section 403(a) 

18 of the Illegal Immigration Reform and 

19 Immigrant Responsibility Act of 1996 

20 (8 U.S.C. 1324a note), as in effect be21 fore the effective date in section 

22 6107(c) of the Legal Workforce Act, 

23 including Executive Order 13465 (8 

24 U.S.C. 1324a note; relating to Gov25 ernment procurement). 


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1 ‘‘(E) VERIFICATION PERIOD DEFINED.— 

2 ‘‘(i) IN GENERAL.—For purposes of 

3 this paragraph: 

4 ‘‘(I) In the case of recruitment or 

5 referral, the term ‘verification period’ 

6 means the period ending on the date 

7 recruiting or referring commences. 

8 ‘‘(II) In the case of hiring, the 

9 term ‘verification period’ means the 

10 period beginning on the date on which 

11 an offer of employment is extended 

12 and ending on the date that is three 

13 business days after the date of hire, 

14 except as provided in clause (iii). The 

15 offer of employment may be condi16 tioned in accordance with clause (ii). 

17 ‘‘(ii) JOB OFFER MAY BE CONDI18 TIONAL.—A person or other entity may 

19 offer a prospective employee an employ20 ment position that is conditioned on final 

21 verification of the identity and employment 

22 eligibility of the employee using the proce23 dures established under this paragraph. 

24 ‘‘(iii) SPECIAL RULE.—Notwithstand25 ing clause (i)(II), in the case of an alien 


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1 who is authorized for employment and who 

2 provides evidence from the Social Security 

3 Administration that the alien has applied 

4 for a social security account number, the 

5 verification period ends three business days 

6 after the alien receives the social security 

7 account number. 

8 ‘‘(2) REVERIFICATION FOR INDIVIDUALS WITH

9 LIMITED WORK AUTHORIZATION.— 

10 ‘‘(A) IN GENERAL.—Except as provided in 

11 subparagraph (B), a person or entity shall 

12 make an inquiry, as provided in subsection (d), 

13 using the verification system to seek reverifica14 tion of the identity and employment eligibility 

15 of all individuals with a limited period of work 

16 authorization employed by the person or entity 

17 during the three business days after the date on 

18 which the employee’s work authorization expires 

19 as follows: 

20 ‘‘(i) With respect to employers having 

21 10,000 or more employees in the United 

22 States on the date of the enactment of the 

23 Legal Workforce Act, beginning on the 

24 date that is 6 months after the date of the 

25 enactment of such Act. 


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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 the Legal Workforce Act, be6 ginning on the date that is 12 months 

7 after the date of the enactment of such 

8 Act. 

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 the Legal Workforce Act, begin14 ning on the date that is 18 months after 

15 the date of the enactment of such Act. 

16 ‘‘(iv) With respect to employers hav17 ing one or more employees in the United 

18 States, but less than 20 employees in the 

19 United States, on the date of the enact20 ment of the Legal Workforce Act, begin21 ning on the date that is 24 months after 

22 the date of the enactment of such Act. 

23 ‘‘(B) AGRICULTURAL LABOR OR SERV24 ICES.—With respect to an employee performing 

25 agricultural labor or services, or an employee 


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1 recruited or referred by a farm labor contractor 

2 (as defined in section 3 of the Migrant and Sea3 sonal Agricultural Worker Protection Act (29 

4 U.S.C. 1801)), subparagraph (A) shall not 

5 apply with respect to the reverification of the 

6 employee until the date that is 30 months after 

7 the date of the enactment of the Legal Work8 force Act. For purposes of the preceding sen9 tence, the term ‘agricultural labor or services’ 

10 has the meaning given such term by the Sec11 retary of Agriculture in regulations and in12 cludes agricultural labor as defined in section 

13 3121(g) of the Internal Revenue Code of 1986, 

14 agriculture as defined in section 3(f) of the 

15 Fair Labor Standards Act of 1938 (29 U.S.C. 

16 203(f)), the handling, planting, drying, packing, 

17 packaging, processing, freezing, or grading 

18 prior to delivery for storage of any agricultural 

19 or horticultural commodity in its unmanufac20 tured state, all activities required for the prepa21 ration, processing, or manufacturing of a prod22 uct of agriculture (as such term is defined in 

23 such section 3(f)) for further distribution, and 

24 activities similar to all the foregoing as they re25 late to fish or shellfish facilities. An employee 


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1 described in this subparagraph shall not be 

2 counted for purposes of subparagraph (A). 

3 ‘‘(C) REVERIFICATION.—Paragraph 

4 (1)(C)(ii) shall apply to reverifications 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, microfiche, micro12 film, or electronic version of the form and 

13 make it available for inspection by officers 

14 of the Department of Homeland Security, 

15 the Department of Justice, or the Depart16 ment of Labor during the period beginning 

17 on the date the reverification commences 

18 and ending on the date that is the later of 

19 3 years after the date of such reverification 

20 or 1 year after the date the individual’s 

21 employment is terminated. 

22 ‘‘(3) PREVIOUSLY HIRED INDIVIDUALS.— 

23 ‘‘(A) ON A MANDATORY BASIS FOR CER24 TAIN EMPLOYEES.— 


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1 ‘‘(i) IN GENERAL.—Not later than the 

2 date that is 6 months after the date of the 

3 enactment of the Legal Workforce Act, an 

4 employer shall make an inquiry, as pro5 vided in subsection (d), using the 

6 verification system to seek verification of 

7 the identity and employment eligibility of 

8 any individual described in clause (ii) em9 ployed by the employer whose employment 

10 eligibility has not been verified under the 

11 E-Verify Program described in section 

12 403(a) of the Illegal Immigration Reform 

13 and Immigrant Responsibility Act of 1996 

14 (8 U.S.C. 1324a note). 

15 ‘‘(ii) INDIVIDUALS DESCRIBED.—An 

16 individual described in this clause is any of 

17 the following: 

18 ‘‘(I) An employee of any unit of 

19 a Federal, State, or local government. 

20 ‘‘(II) An employee who requires a 

21 Federal security clearance working in 

22 a Federal, State, or local government 

23 building, a military base, a nuclear 

24 energy site, a weapons site, or an air25 port or other facility that requires 


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1 workers to carry a Transportation 

2 Worker Identification Credential 

3 (TWIC). 

4 ‘‘(III) An employee assigned to 

5 perform work in the United States 

6 under a Federal contract, except that 

7 this subclause— 

8 ‘‘(aa) is not applicable to in9 dividuals who have a clearance 

10 under Homeland Security Presi11 dential Directive 12 (HSPD 12 

12 clearance), are administrative or 

13 overhead personnel, or are work14 ing solely on contracts that pro15 vide Commercial Off The Shelf 

16 goods or services as set forth by 

17 the Federal Acquisition Regu18 latory Council, unless they are 

19 subject to verification under sub20 clause (II); and 

21 ‘‘(bb) only applies to con22 tracts over the simple acquisition 

23 threshold as defined in section 

24 2.101 of title 48, Code of Federal 

25 Regulations. 


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1 ‘‘(B) ON A MANDATORY BASIS FOR MUL2 TIPLE USERS OF SAME SOCIAL SECURITY AC3 COUNT NUMBER.—In the case of an employer 

4 who is required by this subsection to use the 

5 verification system described in subsection (d), 

6 or has elected voluntarily to use such system, 

7 the employer shall make inquiries to the system 

8 in accordance with the following: 

9 ‘‘(i) The Commissioner of Social Secu10 rity shall notify annually employees (at the 

11 employee address listed on the Wage and 

12 Tax Statement) who submit a social secu13 rity account number to which more than 

14 one employer reports income and for which 

15 there is a pattern of unusual multiple use. 

16 The notification letter shall identify the 

17 number of employers to which income is 

18 being reported as well as sufficient infor19 mation notifying the employee of the proc20 ess to contact the Social Security Adminis21 tration Fraud Hotline if the employee be22 lieves the employee’s identity may have 

23 been stolen. The notice shall not share in24 formation protected as private, in order to 

25 avoid any recipient of the notice from 


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1 being in the position to further commit or 

2 begin committing identity theft. 

3 ‘‘(ii) If the person to whom the social 

4 security account number was issued by the 

5 Social Security Administration has been 

6 identified and confirmed by the Commis7 sioner, and indicates that the social secu8 rity account number was used without 

9 their knowledge, the Secretary and the 

10 Commissioner shall lock the social security 

11 account number for employment eligibility 

12 verification purposes and shall notify the 

13 employers of the individuals who wrong14 fully submitted the social security account 

15 number that the employee may not be 

16 work eligible. 

17 ‘‘(iii) Each employer receiving such 

18 notification of an incorrect social security 

19 account number under clause (ii) shall use 

20 the verification system described in sub21 section (d) to check the work eligibility sta22 tus of the applicable employee within 10 

23 business days of receipt of the notification. 

24 ‘‘(C) ON A VOLUNTARY BASIS.—Subject to 

25 paragraph (2), and subparagraphs (A) through 


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1 (C) of this paragraph, beginning on the date 

2 that is 30 days after the date of the enactment 

3 of the Legal Workforce Act, an employer may 

4 make an inquiry, as provided in subsection (d), 

5 using the verification system to seek verification 

6 of the identity and employment eligibility of any 

7 individual employed by the employer. If an em8 ployer chooses voluntarily to seek verification of 

9 any individual employed by the employer, the 

10 employer shall seek verification of all individ11 uals employed at the same geographic location 

12 or, at the option of the employer, all individuals 

13 employed within the same job category, as the 

14 employee with respect to whom the employer 

15 seeks voluntarily to use the verification system. 

16 An employer’s decision about whether or not 

17 voluntarily to seek verification of its current 

18 workforce under this subparagraph may not be 

19 considered by any government agency in any 

20 proceeding, investigation, or review provided for 

21 in this Act. 

22 ‘‘(D) VERIFICATION.—Paragraph 

23 (1)(C)(ii) shall apply to verifications pursuant 

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1 plies to verifications pursuant to paragraph (1), 

2 except that employers shall— 

3 ‘‘(i) use a form designated or estab4 lished by the Secretary by regulation for 

5 purposes of this paragraph; and 

6 ‘‘(ii) retain a paper, microfiche, micro7 film, or electronic version of the form and 

8 make it available for inspection by officers 

9 of the Department of Homeland Security, 

10 the Department of Justice, or the Depart11 ment of Labor during the period beginning 

12 on the date the verification commences and 

13 ending on the date that is the later of 3 

14 years after the date of such verification or 

15 1 year after the date the individual’s em16 ployment is terminated. 

17 ‘‘(4) EARLY COMPLIANCE.— 

18 ‘‘(A) FORMER E-VERIFY REQUIRED USERS, 

19 INCLUDING FEDERAL CONTRACTORS.—Notwith20 standing the deadlines in paragraphs (1) and 

21 (2), beginning on the date of the enactment of 

22 the Legal Workforce Act, the Secretary is au23 thorized to commence requiring employers re24 quired to participate in the E-Verify Program 

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1 gration Reform and Immigrant Responsibility 

2 Act of 1996 (8 U.S.C. 1324a note), including 

3 employers required to participate in such pro4 gram by reason of Federal acquisition laws 

5 (and regulations promulgated under those laws, 

6 including the Federal Acquisition Regulation), 

7 to commence compliance with the requirements 

8 of this subsection (and any additional require9 ments of such Federal acquisition laws and reg10 ulation) in lieu of any requirement to partici11 pate in the E-Verify Program. 

12 ‘‘(B) FORMER E-VERIFY VOLUNTARY

13 USERS AND OTHERS DESIRING EARLY COMPLI14 ANCE.—Notwithstanding the deadlines in para15 graphs (1) and (2), beginning on the date of 

16 the enactment of the Legal Workforce Act, the 

17 Secretary shall provide for the voluntary com18 pliance with the requirements of this subsection 

19 by employers voluntarily electing to participate 

20 in the E-Verify Program described in section 

21 403(a) of the Illegal Immigration Reform and 

22 Immigrant Responsibility Act of 1996 (8 U.S.C. 

23 1324a note) before such date, as well as by 

24 other employers seeking voluntary early compli25 ance. 


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1 ‘‘(5) COPYING OF DOCUMENTATION PER2 MITTED.—Notwithstanding any other provision of 

3 law, the person or entity may copy a document pre4 sented by an individual pursuant to this subsection 

5 and may retain the copy, but only (except as other6 wise permitted under law) for the purpose of com7 plying with the requirements of this subsection. 

8 ‘‘(6) LIMITATION ON USE OF FORMS.—A form 

9 designated or established by the Secretary of Home10 land Security under this subsection and any infor11 mation contained in or appended to such form, may 

12 not be used for purposes other than for enforcement 

13 of this Act and any other provision of Federal crimi14 nal law. 

15 ‘‘(7) GOOD FAITH COMPLIANCE.— 

16 ‘‘(A) IN GENERAL.—Except as otherwise 

17 provided in this subsection, a person or entity 

18 is considered to have complied with a require19 ment of this subsection notwithstanding a tech20 nical or procedural failure to meet such require21 ment if there was a good faith attempt to com22 ply with the requirement. 

23 ‘‘(B) EXCEPTION IF FAILURE TO CORRECT

24 AFTER NOTICE.—Subparagraph (A) shall not 

25 apply if— 


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1 ‘‘(i) the failure is not de minimis; 

2 ‘‘(ii) the Secretary of Homeland Secu3 rity has explained to the person or entity 

4 the basis for the failure and why it is not 

5 de minimis; 

6 ‘‘(iii) the person or entity has been 

7 provided a period of not less than 30 cal8 endar days (beginning after the date of the 

9 explanation) within which to correct the 

10 failure; and 

11 ‘‘(iv) the person or entity has not cor12 rected the failure voluntarily within such 

13 period. 

14 ‘‘(C) EXCEPTION FOR PATTERN OR PRAC15 TICE VIOLATORS.—Subparagraph (A) shall not 

16 apply to a person or entity that has or is engag17 ing in a pattern or practice of violations of sub18 section (a)(1)(A) or (a)(2). 

19 ‘‘(8) SINGLE EXTENSION OF DEADLINES UPON

20 CERTIFICATION.—In a case in which the Secretary 

21 of Homeland Security has certified to the Congress 

22 that the employment eligibility verification system 

23 required under subsection (d) will not be fully oper24 ational by the date that is 6 months after the date 

25 of the enactment of the Legal Workforce Act, each 


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1 deadline established under this section for an em2 ployer to make an inquiry using such system shall 

3 be extended by 6 months. No other extension of such 

4 a deadline shall be made except as authorized under 

5 paragraph (1)(D)(iv).’’. 

6 (b) DATE OF HIRE.—Section 274A(h) of the Immi7 gration and Nationality Act (8 U.S.C. 1324a(h)) is 

8 amended by adding at the end the following: 

9 ‘‘(4) DEFINITION OF DATE OF HIRE.—As used 

10 in this section, the term ‘date of hire’ means the 

11 date of actual commencement of employment for 

12 wages or other remuneration, unless otherwise speci13 fied.’’. 

14 SEC. 6103. EMPLOYMENT ELIGIBILITY VERIFICATION SYS15 TEM. 

16 Section 274A(d) of the Immigration and Nationality 

17 Act (8 U.S.C. 1324a(d)) is amended to read as follows: 

18 ‘‘(d) EMPLOYMENT ELIGIBILITY VERIFICATION SYS19 TEM.— 

20 ‘‘(1) IN GENERAL.—Patterned on the employ21 ment eligibility confirmation system established 

22 under section 404 of the Illegal Immigration Reform 

23 and Immigrant Responsibility Act of 1996 (8 U.S.C. 

24 1324a note), the Secretary of Homeland Security 

25 shall establish and administer a verification system 


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1 through which the Secretary (or a designee of the 

2 Secretary, which may be a nongovernmental enti3 ty)— 

4 ‘‘(A) responds to inquiries made by per5 sons at any time through a toll-free telephone 

6 line and other toll-free electronic media con7 cerning an individual’s identity and whether the 

8 individual is authorized to be employed; and 

9 ‘‘(B) maintains records of the inquiries 

10 that were made, of verifications provided (or 

11 not provided), and of the codes provided to in12 quirers as evidence of their compliance with 

13 their obligations under this section. 

14 ‘‘(2) INITIAL RESPONSE.—The verification sys15 tem shall provide confirmation or a tentative non16 confirmation of an individual’s identity and employ17 ment eligibility within 3 working days of the initial 

18 inquiry. If providing confirmation or tentative non19 confirmation, the verification system shall provide an 

20 appropriate code indicating such confirmation or 

21 such nonconfirmation. 

22 ‘‘(3) SECONDARY CONFIRMATION PROCESS IN

23 CASE OF TENTATIVE NONCONFIRMATION.—In cases 

24 of tentative nonconfirmation, the Secretary shall 

25 specify, in consultation with the Commissioner of 


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1 Social Security, an available secondary verification 

2 process to confirm the validity of information pro3 vided and to provide a final confirmation or noncon4 firmation not later than 10 working days after the 

5 date on which the notice of the tentative noncon6 firmation is received by the employee. The Secretary, 

7 in consultation with the Commissioner, may extend 

8 this deadline once on a case-by-case basis for a pe9 riod of 10 working days, and if the time is extended, 

10 shall document such extension within the verification 

11 system. The Secretary, in consultation with the 

12 Commissioner, shall notify the employee and em13 ployer of such extension. The Secretary, in consulta14 tion with the Commissioner, shall create a standard 

15 process of such extension and notification and shall 

16 make a description of such process available to the 

17 public. When final confirmation or nonconfirmation 

18 is provided, the verification system shall provide an 

19 appropriate code indicating such confirmation or 

20 nonconfirmation. 

21 ‘‘(4) DESIGN AND OPERATION OF SYSTEM.— 

22 The verification system shall be designed and oper23 ated— 

24 ‘‘(A) to maximize its reliability and ease of 

25 use by persons and other entities consistent 


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1 with insulating and protecting the privacy and 

2 security of the underlying information; 

3 ‘‘(B) to respond to all inquiries made by 

4 such persons and entities on whether individ5 uals are authorized to be employed and to reg6 ister all times when such inquiries are not re7 ceived; 

8 ‘‘(C) with appropriate administrative, tech9 nical, and physical safeguards to prevent unau10 thorized disclosure of personal information; 

11 ‘‘(D) to have reasonable safeguards against 

12 the system’s resulting in unlawful discrimina13 tory practices based on national origin or citi14 zenship status, including— 

15 ‘‘(i) the selective or unauthorized use 

16 of the system to verify eligibility; or 

17 ‘‘(ii) the exclusion of certain individ18 uals from consideration for employment as 

19 a result of a perceived likelihood that addi20 tional verification will be required, beyond 

21 what is required for most job applicants; 

22 ‘‘(E) to maximize the prevention of iden23 tity theft use in the system; and 

24 ‘‘(F) to limit the subjects of verification to 

25 the following individuals: 


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1 ‘‘(i) Individuals hired, referred, or re2 cruited, in accordance with paragraph (1) 

3 or (4) of subsection (b). 

4 ‘‘(ii) Employees and prospective em5 ployees, in accordance with paragraph (1), 

6 (2), (3), or (4) of subsection (b). 

7 ‘‘(iii) Individuals seeking to confirm 

8 their own employment eligibility on a vol9 untary basis. 

10 ‘‘(5) RESPONSIBILITIES OF COMMISSIONER OF

11 SOCIAL SECURITY.—As part of the verification sys12 tem, the Commissioner of Social Security, in con13 sultation with the Secretary of Homeland Security 

14 (and any designee of the Secretary selected to estab15 lish and administer the verification system), shall es16 tablish a reliable, secure method, which, within the 

17 time periods specified under paragraphs (2) and (3), 

18 compares the name and social security account num19 ber provided in an inquiry against such information 

20 maintained by the Commissioner in order to validate 

21 (or not validate) the information provided regarding 

22 an individual whose identity and employment eligi23 bility must be confirmed, the correspondence of the 

24 name and number, and whether the individual has 

25 presented a social security account number that is 


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1 not valid for employment. The Commissioner shall 

2 not disclose or release social security information 

3 (other than such confirmation or nonconfirmation) 

4 under the verification system except as provided for 

5 in this section or section 205(c)(2)(I) of the Social 

6 Security Act. 

7 ‘‘(6) RESPONSIBILITIES OF SECRETARY OF

8 HOMELAND SECURITY.—As part of the verification 

9 system, the Secretary of Homeland Security (in con10 sultation with any designee of the Secretary selected 

11 to establish and administer the verification system), 

12 shall establish a reliable, secure method, which, with13 in the time periods specified under paragraphs (2) 

14 and (3), compares the name and alien identification 

15 or authorization number (or any other information 

16 as determined relevant by the Secretary) which are 

17 provided in an inquiry against such information 

18 maintained or accessed by the Secretary in order to 

19 validate (or not validate) the information provided, 

20 the correspondence of the name and number, wheth21 er the alien is authorized to be employed in the 

22 United States, or to the extent that the Secretary 

23 determines to be feasible and appropriate, whether 

24 the records available to the Secretary verify the 

25 identity or status of a national of the United States. 


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1 ‘‘(7) UPDATING INFORMATION.—The Commis2 sioner of Social Security and the Secretary of Home3 land Security shall update their information in a 

4 manner that promotes the maximum accuracy and 

5 shall provide a process for the prompt correction of 

6 erroneous information, including instances in which 

7 it is brought to their attention in the secondary 

8 verification process described in paragraph (3). 

9 ‘‘(8) LIMITATION ON USE OF THE

10 VERIFICATION SYSTEM AND ANY RELATED SYS11 TEMS.— 

12 ‘‘(A) NO NATIONAL IDENTIFICATION

13 CARD.—Nothing in this section shall be con14 strued to authorize, directly or indirectly, the 

15 issuance or use of national identification cards 

16 or the establishment of a national identification 

17 card. 

18 ‘‘(B) CRITICAL INFRASTRUCTURE.—The 

19 Secretary may authorize or direct any person or 

20 entity responsible for granting access to, pro21 tecting, securing, operating, administering, or 

22 regulating part of the critical infrastructure (as 

23 defined in section 1016(e) of the Critical Infra24 structure Protection Act of 2001 (42 U.S.C. 

25 5195c(e))) to use the verification system to the 


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1 extent the Secretary determines that such use 

2 will assist in the protection of the critical infra3 structure. 

4 ‘‘(9) REMEDIES.—If an individual alleges that 

5 the individual would not have been dismissed from 

6 a job but for an error of the verification mechanism, 

7 the individual may seek compensation only through 

8 the mechanism of the Federal Tort Claims Act, and 

9 injunctive relief to correct such error. No class ac10 tion may be brought under this paragraph.’’. 

11 SEC. 6104. RECRUITMENT, REFERRAL, AND CONTINUATION 

12 OF EMPLOYMENT. 

13 (a) ADDITIONAL CHANGES TO RULES FOR RECRUIT14 MENT, REFERRAL, AND CONTINUATION OF EMPLOY15 MENT.—Section 274A(a) of the Immigration and Nation16 ality Act (8 U.S.C. 1324a(a)) is amended— 

17 (1) in paragraph (1)(A), by striking ‘‘for a fee’’; 

18 (2) in paragraph (1), by amending subpara19 graph (B) to read as follows: 

20 ‘‘(B) to hire, continue to employ, or to re21 cruit or refer for employment in the United 

22 States an individual without complying with the 

23 requirements of subsection (b).’’; and 

24 (3) in paragraph (2), by striking ‘‘after hiring 

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1 graph (1),’’ and inserting ‘‘after complying with 

2 paragraph (1),’’. 

3 (b) DEFINITION.—Section 274A(h) of the Immigra4 tion and Nationality Act (8 U.S.C. 1324a(h)), as amended 

5 by section 6102(b) of this Act, is further amended by add6 ing at the end the following: 

7 ‘‘(5) DEFINITION OF RECRUIT OR REFER.—As 

8 used in this section, the term ‘refer’ means the act 

9 of sending or directing a person who is in the United 

10 States or transmitting documentation or information 

11 to another, directly or indirectly, with the intent of 

12 obtaining employment in the United States for such 

13 person. Only persons or entities referring for remu14 neration (whether on a retainer or contingency 

15 basis) are included in the definition, except that 

16 union hiring halls that refer union members or non17 union individuals who pay union membership dues 

18 are included in the definition whether or not they re19 ceive remuneration, as are labor service entities or 

20 labor service agencies, whether public, private, for21 profit, or nonprofit, that refer, dispatch, or other22 wise facilitate the hiring of laborers for any period 

23 of time by a third party. As used in this section, the 

24 term ‘recruit’ means the act of soliciting a person 

25 who is in the United States, directly or indirectly, 


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1 and referring the person to another with the intent 

2 of obtaining employment for that person. Only per3 sons or entities referring for remuneration (whether 

4 on a retainer or contingency basis) are included in 

5 the definition, except that union hiring halls that 

6 refer union members or nonunion individuals who 

7 pay union membership dues are included in this defi8 nition whether or not they receive remuneration, as 

9 are labor service entities or labor service agencies, 

10 whether public, private, for-profit, or nonprofit that 

11 recruit, dispatch, or otherwise facilitate the hiring of 

12 laborers for any period of time by a third party.’’. 

13 (c) EFFECTIVE DATE.—The amendments made by 

14 this section shall take effect on the date that is 1 year 

15 after the date of the enactment of this Act, except that 

16 the amendments made by subsection (a) shall take effect 

17 6 months after the date of the enactment of this Act inso18 far as such amendments relate to continuation of employ19 ment. 

20 SEC. 6105. GOOD FAITH DEFENSE. 

21 Section 274A(a)(3) of the Immigration and Nation22 ality Act (8 U.S.C. 1324a(a)(3)) is amended to read as 

23 follows: 

24 ‘‘(3) GOOD FAITH DEFENSE.— 


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1 ‘‘(A) DEFENSE.—An employer (or person 

2 or entity that hires, employs, recruits, or refers 

3 (as defined in subsection (h)(5)), or is otherwise 

4 obligated to comply with this section) who es5 tablishes that it has complied in good faith with 

6 the requirements of subsection (b)— 

7 ‘‘(i) shall not be liable to a job appli8 cant, an employee, the Federal Govern9 ment, or a State or local government, 

10 under Federal, State, or local criminal or 

11 civil law for any employment-related action 

12 taken with respect to a job applicant or 

13 employee in good-faith reliance on informa14 tion provided through the system estab15 lished under subsection (d); and 

16 ‘‘(ii) has established compliance with 

17 its obligations under subparagraphs (A) 

18 and (B) of paragraph (1) and subsection 

19 (b) absent a showing by the Secretary of 

20 Homeland Security, by clear and con21 vincing evidence, that the employer had 

22 knowledge that an employee is an unau23 thorized alien. 

24 ‘‘(B) MITIGATION ELEMENT.—For pur25 poses of subparagraph (A)(i), if an employer 


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1 proves by a preponderance of the evidence that 

2 the employer uses a reasonable, secure, and es3 tablished technology to authenticate the identity 

4 of the new employee, that fact shall be taken 

5 into account for purposes of determining good 

6 faith use of the system established under sub7 section (d). 

8 ‘‘(C) FAILURE TO SEEK AND OBTAIN

9 VERIFICATION.—Subject to the effective dates 

10 and other deadlines applicable under subsection 

11 (b), in the case of a person or entity in the 

12 United States that hires, or continues to em13 ploy, an individual, or recruits or refers an indi14 vidual for employment, the following require15 ments apply: 

16 ‘‘(i) FAILURE TO SEEK

17 VERIFICATION.— 

18 ‘‘(I) IN GENERAL.—If the person 

19 or entity has not made an inquiry, 

20 under the mechanism established 

21 under subsection (d) and in accord22 ance with the timeframes established 

23 under subsection (b), seeking 

24 verification of the identity and work 

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1 fense under subparagraph (A) shall 

2 not be considered to apply with re3 spect to any employment, except as 

4 provided in subclause (II). 

5 ‘‘(II) SPECIAL RULE FOR FAIL6 URE OF VERIFICATION MECHANISM.— 

7 If such a person or entity in good 

8 faith attempts to make an inquiry in 

9 order to qualify for the defense under 

10 subparagraph (A) and the verification 

11 mechanism has registered that not all 

12 inquiries were responded to during the 

13 relevant time, the person or entity can 

14 make an inquiry until the end of the 

15 first subsequent working day in which 

16 the verification mechanism registers 

17 no nonresponses and qualify for such 

18 defense. 

19 ‘‘(ii) FAILURE TO OBTAIN

20 VERIFICATION.—If the person or entity 

21 has made the inquiry described in clause 

22 (i)(I) but has not received an appropriate 

23 verification of such identity and work eligi24 bility under such mechanism within the 

25 time period specified under subsection 


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1 (d)(2) after the time the verification in2 quiry was received, the defense under sub3 paragraph (A) shall not be considered to 

4 apply with respect to any employment after 

5 the end of such time period.’’. 

6 SEC. 6106. PREEMPTION AND STATES’ RIGHTS. 

7 Section 274A(h)(2) of the Immigration and Nation8 ality Act (8 U.S.C. 1324a(h)(2)) is amended to read as 

9 follows: 

10 ‘‘(2) PREEMPTION.— 

11 ‘‘(A) SINGLE, NATIONAL POLICY.—The 

12 provisions of this section preempt any State or 

13 local law, ordinance, policy, or rule, including 

14 any criminal or civil fine or penalty structure, 

15 insofar as they may now or hereafter relate to 

16 the hiring, continued employment, or status 

17 verification for employment eligibility purposes, 

18 of unauthorized aliens. 

19 ‘‘(B) STATE ENFORCEMENT OF FEDERAL

20 LAW.— 

21 ‘‘(i) BUSINESS LICENSING.—A State, 

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1 tem described in subsection (d) to verify 

2 employment eligibility when and as re3 quired under subsection (b). 

4 ‘‘(ii) GENERAL RULES.—A State, at 

5 its own cost, may enforce the provisions of 

6 this section, but only insofar as such State 

7 follows the Federal regulations imple8 menting this section, applies the Federal 

9 penalty structure set out in this section, 

10 and complies with all Federal rules and 

11 guidance concerning implementation of this 

12 section. Such State may collect any fines 

13 assessed under this section. An employer 

14 may not be subject to enforcement, includ15 ing audit and investigation, by both a Fed16 eral agency and a State for the same viola17 tion under this section. Whichever entity, 

18 the Federal agency or the State, is first to 

19 initiate the enforcement action, has the 

20 right of first refusal to proceed with the 

21 enforcement action. The Secretary must 

22 provide copies of all guidance, training, 

23 and field instructions provided to Federal 

24 officials implementing the provisions of 

25 this section to each State.’’. 


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1 SEC. 6107. REPEAL. 

2 (a) IN GENERAL.—Subtitle A of title IV of the Illegal 

3 Immigration Reform and Immigrant Responsibility Act of 

4 1996 (8 U.S.C. 1324a note) is repealed. 

5 (b) REFERENCES.—Any reference in any Federal 

6 law, Executive order, rule, regulation, or delegation of au7 thority, or any document of, or pertaining to, the Depart8 ment of Homeland Security, Department of Justice, or the 

9 Social Security Administration, to the employment eligi10 bility confirmation system established under section 404 

11 of the Illegal Immigration Reform and Immigrant Respon12 sibility Act of 1996 (8 U.S.C. 1324a note) is deemed to 

13 refer to the employment eligibility confirmation system es14 tablished under section 274A(d) of the Immigration and 

15 Nationality Act, as amended by section 6103 of this Act. 

16 (c) EFFECTIVE DATE.—This section shall take effect 

17 on the date that is 30 months after the date of the enact18 ment of this Act. 

19 (d) CLERICAL AMENDMENT.—The table of sections, 

20 in section 1(d) of the Illegal Immigration Reform and Im21 migrant Responsibility Act of 1996, is amended by strik22 ing the items relating to subtitle A of title IV. 

23 SEC. 6108. PENALTIES. 

24 Section 274A of the Immigration and Nationality Act 

25 (8 U.S.C. 1324a) is amended— 

26 (1) in subsection (e)(1)— 


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1 (A) by striking ‘‘Attorney General’’ each 

2 place such term appears and inserting ‘‘Sec3 retary of Homeland Security’’; and 

4 (B) in subparagraph (D), by striking 

5 ‘‘Service’’ and inserting ‘‘Department of Home6 land Security’’; 

7 (2) in subsection (e)(4)— 

8 (A) in subparagraph (A), in the matter be9 fore clause (i), by inserting ‘‘, subject to para10 graph (10),’’ after ‘‘in an amount’’; 

11 (B) in subparagraph (A)(i), by striking 

12 ‘‘not less than $250 and not more than 

13 $2,000’’ and inserting ‘‘not less than $2,500 

14 and not more than $5,000’’; 

15 (C) in subparagraph (A)(ii), by striking 

16 ‘‘not less than $2,000 and not more than 

17 $5,000’’ and inserting ‘‘not less than $5,000 

18 and not more than $10,000’’; 

19 (D) in subparagraph (A)(iii), by striking 

20 ‘‘not less than $3,000 and not more than 

21 $10,000’’ and inserting ‘‘not less than $10,000 

22 and not more than $25,000’’; and 

23 (E) by moving the margin of the continu24 ation text following subparagraph (B) two ems 


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1 to the left and by amending subparagraph (B) 

2 to read as follows: 

3 ‘‘(B) may require the person or entity to 

4 take such other remedial action as is appro5 priate.’’; 

6 (3) in subsection (e)(5)— 

7 (A) in the paragraph heading, strike ‘‘PA8 PERWORK’’; 

9 (B) by inserting ‘‘, subject to paragraphs 

10 (10) through (12),’’ after ‘‘in an amount’’; 

11 (C) by striking ‘‘$100’’ and inserting 

12 ‘‘$1,000’’; 

13 (D) by striking ‘‘$1,000’’ and inserting 

14 ‘‘$25,000’’; and 

15 (E) by adding at the end the following: 

16 ‘‘Failure by a person or entity to utilize the em17 ployment eligibility verification system as re18 quired by law, or providing information to the 

19 system that the person or entity knows or rea20 sonably believes to be false, shall be treated as 

21 a violation of subsection (a)(1)(A).’’; 

22 (4) by adding at the end of subsection (e) the 

23 following: 

24 ‘‘(10) EXEMPTION FROM PENALTY FOR GOOD

25 FAITH VIOLATION.—In the case of imposition of a 


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1 civil penalty under paragraph (4)(A) with respect to 

2 a violation of subsection (a)(1)(A) or (a)(2) for hir3 ing or continuation of employment or recruitment or 

4 referral by person or entity and in the case of impo5 sition of a civil penalty under paragraph (5) for a 

6 violation of subsection (a)(1)(B) for hiring or re7 cruitment or referral by a person or entity, the pen8 alty otherwise imposed may be waived or reduced if 

9 the violator establishes that the violator acted in 

10 good faith. 

11 ‘‘(11) MITIGATION ELEMENT.—For purposes of 

12 paragraph (4), the size of the business shall be 

13 taken into account when assessing the level of civil 

14 money penalty. 

15 ‘‘(12) AUTHORITY TO DEBAR EMPLOYERS FOR

16 CERTAIN VIOLATIONS.— 

17 ‘‘(A) IN GENERAL.—If a person or entity 

18 is determined by the Secretary of Homeland Se19 curity to be a repeat violator of paragraph 

20 (1)(A) or (2) of subsection (a), or is convicted 

21 of a crime under this section, such person or 

22 entity may be considered for debarment from 

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1 ment procedures set forth in the Federal Acqui2 sition Regulation. 

3 ‘‘(B) DOES NOT HAVE CONTRACT, GRANT, 

4 AGREEMENT.—If the Secretary of Homeland 

5 Security or the Attorney General wishes to have 

6 a person or entity considered for debarment in 

7 accordance with this paragraph, and such a 

8 person or entity does not hold a Federal con9 tract, grant, or cooperative agreement, the Sec10 retary or Attorney General shall refer the mat11 ter to the Administrator of General Services to 

12 determine whether to list the person or entity 

13 on the List of Parties Excluded from Federal 

14 Procurement, and if so, for what duration and 

15 under what scope. 

16 ‘‘(C) HAS CONTRACT, GRANT, AGREE17 MENT.—If the Secretary of Homeland Security 

18 or the Attorney General wishes to have a per19 son or entity considered for debarment in ac20 cordance with this paragraph, and such person 

21 or entity holds a Federal contract, grant, or co22 operative agreement, the Secretary or Attorney 

23 General shall advise all agencies or departments 

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1 ment’s interest in having the person or entity 

2 considered for debarment, and after soliciting 

3 and considering the views of all such agencies 

4 and departments, the Secretary or Attorney 

5 General may refer the matter to any appro6 priate lead agency to determine whether to list 

7 the person or entity on the List of Parties Ex8 cluded from Federal Procurement, and if so, for 

9 what duration and under what scope. 

10 ‘‘(D) REVIEW.—Any decision to debar a 

11 person or entity in accordance with this para12 graph shall be reviewable pursuant to part 9.4 

13 of the Federal Acquisition Regulation. 

14 ‘‘(13) OFFICE FOR STATE AND LOCAL GOVERN15 MENT COMPLAINTS.—The Secretary of Homeland 

16 Security shall establish an office— 

17 ‘‘(A) to which State and local government 

18 agencies may submit information indicating po19 tential violations of subsection (a), (b), or 

20 (g)(1) that were generated in the normal course 

21 of law enforcement or the normal course of 

22 other official activities in the State or locality; 

23 ‘‘(B) that is required to indicate to the 

24 complaining State or local agency within five 

25 business days of the filing of such a complaint 


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1 by identifying whether the Secretary will fur2 ther investigate the information provided; 

3 ‘‘(C) that is required to investigate those 

4 complaints filed by State or local government 

5 agencies that, on their face, have a substantial 

6 probability of validity; 

7 ‘‘(D) that is required to notify the com8 plaining State or local agency of the results of 

9 any such investigation conducted; and 

10 ‘‘(E) that is required to report to the Con11 gress annually the number of complaints re12 ceived under this paragraph, the States and lo13 calities that filed such complaints, and the reso14 lution of the complaints investigated by the Sec15 retary.’’; and 

16 (5) by amending paragraph (1) of subsection (f) 

17 to read as follows: 

18 ‘‘(1) CRIMINAL PENALTY.—Any person or enti19 ty which engages in a pattern or practice of viola20 tions of subsection (a) (1) or (2) shall be fined not 

21 more than $5,000 for each unauthorized alien with 

22 respect to which such a violation occurs, imprisoned 

23 for not more than 18 months, or both, notwith24 standing the provisions of any other Federal law re25 lating to fine levels.’’. 


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1 SEC. 6109. FRAUD AND MISUSE OF DOCUMENTS. 

2 Section 1546(b) of title 18, United States Code, is 

3 amended— 

4 (1) in paragraph (1), by striking ‘‘identification 

5 document,’’ and inserting ‘‘identification document 

6 or document meant to establish work authorization 

7 (including the documents described in section 

8 274A(b) of the Immigration and Nationality Act),’’; 

9 and 

10 (2) in paragraph (2), by striking ‘‘identification 

11 document’’ and inserting ‘‘identification document or 

12 document meant to establish work authorization (in13 cluding the documents described in section 274A(b) 

14 of the Immigration and Nationality Act),’’. 

15 SEC. 6110. PROTECTION OF SOCIAL SECURITY ADMINIS16 TRATION PROGRAMS. 

17 (a) FUNDING UNDER AGREEMENT.—Effective for 

18 fiscal years beginning on or after October 1, 2025, the 

19 Commissioner of Social Security and the Secretary of 

20 Homeland Security shall enter into and maintain an 

21 agreement which shall— 

22 (1) provide funds to the Commissioner for the 

23 full costs of the responsibilities of the Commissioner 

24 under section 274A(d) of the Immigration and Na25 tionality Act (8 U.S.C. 1324a(d)), as amended by 


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1 section 6103 of this Act, including (but not limited 

2 to)— 

3 (A) acquiring, installing, and maintaining 

4 technological equipment and systems necessary 

5 for the fulfillment of the responsibilities of the 

6 Commissioner under such section 274A(d), but 

7 only that portion of such costs that are attrib8 utable exclusively to such responsibilities; and 

9 (B) responding to individuals who contest 

10 a tentative nonconfirmation provided by the em11 ployment eligibility verification system estab12 lished under such section; 

13 (2) provide such funds annually in advance of 

14 the applicable quarter based on estimating method15 ology agreed to by the Commissioner and the Sec16 retary (except in such instances where the delayed 

17 enactment of an annual appropriation may preclude 

18 such quarterly payments); and 

19 (3) require an annual accounting and reconcili20 ation of the actual costs incurred and the funds pro21 vided under the agreement, which shall be reviewed 

22 by the Inspectors General of the Social Security Ad23 ministration and the Department of Homeland Secu24 rity. 


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1 (b) CONTINUATION OF EMPLOYMENT VERIFICATION

2 IN ABSENCE OF TIMELY AGREEMENT.—In any case in 

3 which the agreement required under subsection (a) for any 

4 fiscal year beginning on or after October 1, 2025, has not 

5 been reached as of October 1 of such fiscal year, the latest 

6 agreement between the Commissioner and the Secretary 

7 of Homeland Security providing for funding to cover the 

8 costs of the responsibilities of the Commissioner under 

9 section 274A(d) of the Immigration and Nationality Act 

10 (8 U.S.C. 1324a(d)) shall be deemed in effect on an in11 terim basis for such fiscal year until such time as an 

12 agreement required under subsection (a) is subsequently 

13 reached, except that the terms of such interim agreement 

14 shall be modified by the Director of the Office of Manage15 ment and Budget to adjust for inflation and any increase 

16 or decrease in the volume of requests under the employ17 ment eligibility verification system. In any case in which 

18 an interim agreement applies for any fiscal year under this 

19 subsection, the Commissioner and the Secretary shall, not 

20 later than October 1 of such fiscal year, notify the Com21 mittee on Ways and Means, the Committee on the Judici22 ary, and the Committee on Appropriations of the House 

23 of Representatives and the Committee on Finance, the 

24 Committee on the Judiciary, and the Committee on Ap25 propriations of the Senate of the failure to reach the 


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1 agreement required under subsection (a) for such fiscal 

2 year. Until such time as the agreement required under 

3 subsection (a) has been reached for such fiscal year, the 

4 Commissioner and the Secretary shall, not later than the 

5 end of each 90-day period after October 1 of such fiscal 

6 year, notify such Committees of the status of negotiations 

7 between the Commissioner and the Secretary in order to 

8 reach such an agreement. 

9 SEC. 6111. FRAUD PREVENTION. 

10 (a) BLOCKING MISUSED SOCIAL SECURITY ACCOUNT

11 NUMBERS.—The Secretary of Homeland Security, in con12 sultation with the Commissioner of Social Security, shall 

13 establish a program in which social security account num14 bers that have been identified to be subject to unusual 

15 multiple use in the employment eligibility verification sys16 tem established under section 274A(d) of the Immigration 

17 and Nationality Act (8 U.S.C. 1324a(d)), as amended by 

18 section 6103 of this Act, or that are otherwise suspected 

19 or determined to have been compromised by identity fraud 

20 or other misuse, shall be blocked from use for such system 

21 purposes unless the individual using such number is able 

22 to establish, through secure and fair additional security 

23 procedures, that the individual is the legitimate holder of 

24 the number. 


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1 (b) ALLOWING SUSPENSION OF USE OF CERTAIN SO2 CIAL SECURITY ACCOUNT NUMBERS.—The Secretary of 

3 Homeland Security, in consultation with the Commis4 sioner of Social Security, shall establish a program which 

5 shall provide a reliable, secure method by which victims 

6 of identity fraud and other individuals may suspend or 

7 limit the use of their social security account number or 

8 other identifying information for purposes of the employ9 ment eligibility verification system established under sec10 tion 274A(d) of the Immigration and Nationality Act (8 

11 U.S.C. 1324a(d)), as amended by section 6103 of this Act. 

12 The Secretary may implement the program on a limited 

13 pilot program basis before making it fully available to all 

14 individuals. 

15 (c) ALLOWING PARENTS TO PREVENT THEFT OF

16 THEIR CHILD’S IDENTITY.—The Secretary of Homeland 

17 Security, in consultation with the Commissioner of Social 

18 Security, shall establish a program which shall provide a 

19 reliable, secure method by which parents or legal guard20 ians may suspend or limit the use of the social security 

21 account number or other identifying information of a 

22 minor under their care for the purposes of the employment 

23 eligibility verification system established under 274A(d) of 

24 the Immigration and Nationality Act (8 U.S.C. 1324a(d)), 

25 as amended by section 6103 of this Act. The Secretary 


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1 may implement the program on a limited pilot program 

2 basis before making it fully available to all individuals. 

3 SEC. 6112. USE OF EMPLOYMENT ELIGIBILITY 

4 VERIFICATION PHOTO TOOL. 

5 An employer who uses the photo matching tool used 

6 as part of the E-Verify System shall match the photo tool 

7 photograph to both the photograph on the identity or em8 ployment eligibility document provided by the employee 

9 and to the face of the employee submitting the document 

10 for employment verification purposes. 

11 SEC. 6113. IDENTITY AUTHENTICATION EMPLOYMENT ELI12 GIBILITY VERIFICATION PILOT PROGRAMS. 

13 Not later than 24 months after the date of the enact14 ment of this Act, the Secretary of Homeland Security, 

15 after consultation with the Commissioner of Social Secu16 rity and the Director of the National Institute of Stand17 ards and Technology, shall establish by regulation not less 

18 than 2 Identity Authentication Employment Eligibility 

19 Verification pilot programs, each using a separate and dis20 tinct technology (the ‘‘Authentication Pilots’’). The pur21 pose of the Authentication Pilots shall be to provide for 

22 identity authentication and employment eligibility verifica23 tion with respect to enrolled new employees which shall 

24 be available to any employer that elects to participate in 

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1 ployer may cancel the employer’s participation in the Au2 thentication Pilot after one year after electing to partici3 pate without prejudice to future participation. The Sec4 retary shall report to the Committee on the Judiciary of 

5 the House of Representatives and the Committee on the 

6 Judiciary of the Senate the Secretary’s findings on the 

7 Authentication Pilots, including the authentication tech8 nologies chosen, not later than 12 months after com9 mencement of the Authentication Pilots. 

10 SEC. 6114. INSPECTOR GENERAL AUDITS. 

11 (a) IN GENERAL.—Not later than 1 year after the 

12 date of the enactment of this Act, the Inspector General 

13 of the Social Security Administration shall complete audits 

14 of the following categories in order to uncover evidence 

15 of individuals who are not authorized to work in the 

16 United States: 

17 (1) Workers who dispute wages reported on 

18 their social security account number when they be19 lieve someone else has used such number and name 

20 to report wages. 

21 (2) Children’s social security account numbers 

22 used for work purposes. 

23 (3) Employers whose workers present signifi24 cant numbers of mismatched social security account 

25 numbers or names for wage reporting. 


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1 (b) SUBMISSION.—The Inspector General of the So2 cial Security Administration shall submit the audits com3 pleted under subsection (a) to the Committee on Ways and 

4 Means of the House of Representatives and the Committee 

5 on Finance of the Senate for review of the evidence of 

6 individuals who are not authorized to work in the United 

7 States. The Chairmen of those Committees shall then de8 termine information to be shared with the Secretary of 

9 Homeland Security so that such Secretary can investigate 

10 the unauthorized employment demonstrated by such evi11 dence. 

12 SEC. 6115. NATIONWIDE E-VERIFY AUDIT. 

13 Not later than 5 years after the date of enactment 

14 of this Act, the Secretary of Commerce shall conduct a 

15 nationwide audit of compliance with the requirements of 

16 section 274A(b) of the Immigration and Nationality Act 

17 by employers in all States, and shall report compliance lev18 els on a State-by-State basis. No person may receive a 

19 visa under section 4005 of division B of this Act or reg20 ister for the Redemption Program under subtitle B of title 

21 IV of such division until the Secretary certifies that all 

22 employers in all States are in compliance with the require23 ments of section 274A(b) of the Immigration and Nation24 ality Act. 


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1 TITLE VII—SARAH AND GRANT’S 

2 LAW 

3 SEC. 7101. SARAH AND GRANT’S LAW. 

4 (a) DETENTION OF ALIENS DURING REMOVAL PRO5 CEEDINGS.— 

6 (1) CLERICAL AMENDMENTS.— 

7 (A) Section 236 of the Immigration and 

8 Nationality Act (8 U.S.C. 1226) is amended by 

9 striking ‘‘Attorney General’’ each place it ap10 pears (except in the second place that term ap11 pears in section 236(a)) and inserting ‘‘Sec12 retary of Homeland Security’’. 

13 (B) Section 236(a) of such Act (8 U.S.C. 

14 1226(a)) is amended by inserting ‘‘the Sec15 retary of Homeland Security or’’ before ‘‘the 

16 Attorney General—’’. 

17 (C) Section 236(e) of such Act (8 U.S.C. 

18 1226(e)) is amended by striking ‘‘Attorney 

19 General’s’’ and inserting ‘‘Secretary of Home20 land Security’s’’. 

21 (2) LENGTH OF DETENTION.—Section 236 of 

22 such Act (8 U.S.C. 1226) is amended by adding at 

23 the end the following: 

24 ‘‘(f) LENGTH OF DETENTION.— 


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

2 provision of this section, an alien may be detained, 

3 and for an alien described in subsection (c) shall be 

4 detained, under this section without time limitation, 

5 except as provided in subsection (h), during the 

6 pendency of removal proceedings. 

7 ‘‘(2) CONSTRUCTION.—The length of detention 

8 under this section shall not affect detention under 

9 section 241.’’. 

10 (3) DETENTION OF CRIMINAL ALIENS.—Section 

11 236(c)(1) of such Act (8 U.S.C. 1226(c)(1)) is 

12 amended— 

13 (A) in subparagraph (C), by striking ‘‘or’’ 

14 at the end; 

15 (B) by inserting after subparagraph (D) 

16 the following: 

17 ‘‘(E) is unlawfully present in the United 

18 States and has been convicted for driving while 

19 intoxicated (including a conviction for driving 

20 while under the influence or impaired by alcohol 

21 or drugs) without regard to whether the convic22 tion is classified as a misdemeanor or felony 

23 under State law, or 

24 ‘‘(F)(i)(I) is inadmissible under section 

25 212(a)(6)(i), 


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1 ‘‘(II) is deportable by reason of a visa rev2 ocation under section 221(i), or 

3 ‘‘(III) is deportable under section 

4 237(a)(1)(C)(i), and 

5 ‘‘(ii) has been arrested or charged with a 

6 particularly serious crime or a crime resulting 

7 in the death or serious bodily injury (as defined 

8 in section 1365(h)(3) of title 18, United States 

9 Code) of another person;’’; and 

10 (C) by amending the matter following sub11 paragraph (F) (as added by subparagraph (B) 

12 of this paragraph) to read as follows: 

13 ‘‘any time after the alien is released, without regard 

14 to whether an alien is released related to any activ15 ity, offense, or conviction described in this para16 graph; to whether the alien is released on parole, su17 pervised release, or probation; or to whether the 

18 alien may be arrested or imprisoned again for the 

19 same offense. If the activity described in this para20 graph does not result in the alien being taken into 

21 custody by any person other than the Secretary, 

22 then when the alien is brought to the attention of 

23 the Secretary or when the Secretary determines it is 

24 practical to take such alien into custody, the Sec25 retary shall take such alien into custody.’’. 


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1 (4) ADMINISTRATIVE REVIEW.—Section 236 of 

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

3 1226), as amended by paragraph (2), is further 

4 amended by adding at the end the following: 

5 ‘‘(g) ADMINISTRATIVE REVIEW.—The Attorney Gen6 eral’s review of the Secretary’s custody determinations 

7 under subsection (a) for the following classes of aliens 

8 shall be limited to whether the alien may be detained, re9 leased on bond (of at least $1,500 with security approved 

10 by the Secretary), or released with no bond: 

11 ‘‘(1) Aliens in exclusion proceedings. 

12 ‘‘(2) Aliens described in section 212(a)(3) or 

13 237(a)(4). 

14 ‘‘(3) Aliens described in subsection (c). 

15 ‘‘(h) RELEASE ON BOND.— 

16 ‘‘(1) IN GENERAL.—An alien detained under 

17 subsection (a) may seek release on bond. No bond 

18 may be granted except to an alien who establishes 

19 by clear and convincing evidence that the alien is not 

20 a flight risk or a danger to another person or the 

21 community. 

22 ‘‘(2) CERTAIN ALIENS INELIGIBLE.—No alien 

23 detained under subsection (c) may seek release on 

24 bond.’’. 

25 (5) CLERICAL AMENDMENTS.— 


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1 (A) Section 236(a)(2)(B) of the Immigra2 tion and Nationality Act (8 U.S.C. 

3 1226(a)(2)(B)) is amended by striking ‘‘condi4 tional parole’’ and inserting ‘‘recognizance’’. 

5 (B) Section 236(b) of such Act (8 U.S.C. 

6 1226(b)) is amended by striking ‘‘parole’’ and 

7 inserting ‘‘recognizance’’. 

8 (b) EFFECTIVE DATE.—The amendments made by 

9 subsection (a) shall take effect on the date of the enact10 ment of this Act and shall apply to any alien in detention 

11 under the provisions of section 236 of the Immigration 

12 and Nationality Act (8 U.S.C. 1226), as so amended, or 

13 otherwise subject to the provisions of such section, on or 

14 after such date. 

15 SEC. 7102. PENALTIES FOR ILLEGAL ENTRY OR PRESENCE. 

16 (a) IN GENERAL.—Section 275 of the Immigration 

17 and Nationality Act (8 U.S.C. 1325) is amended to read 

18 as follows: 

19 ‘‘ILLEGAL ENTRY OR PRESENCE

20 ‘‘SEC. 275. (a) IN GENERAL.— 

21 ‘‘(1) ILLEGAL ENTRY OR PRESENCE.—An alien 

22 18 years of age or older shall be subject to the pen23 alties set forth in paragraph (2) if the alien— 

24 ‘‘(A) knowingly eludes, at any time or 

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1 cer (including by failing to stop at the com2 mand of such officer); 

3 ‘‘(B) knowingly enters or crosses the bor4 der to the United States and, upon examination 

5 or inspection, knowingly makes a false or mis6 leading representation or the knowing conceal7 ment of a material fact (including such rep8 resentation or concealment in the context of ar9 rival, reporting, entry, or clearance require10 ments of the customs laws, immigration laws, 

11 agriculture laws, or shipping laws); 

12 ‘‘(C) knowingly violates the terms or condi13 tions of the alien’s admission or parole into the 

14 United States and has remained in violation for 

15 an aggregate period of 90 days or more; or 

16 ‘‘(D) knowingly is unlawfully present in 

17 the United States (as defined in section 

18 212(a)(9)(B)(ii) subject to the exceptions set 

19 forth in section 212(a)(9)(B)(iii)) and has re20 mained in violation for an aggregate period of 

21 90 days or more. 

22 ‘‘(2) CRIMINAL PENALTIES.—Any alien who 

23 violates any provision under paragraph (1)— 


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1 ‘‘(A) shall, for the first violation, be fined 

2 under title 18, United States Code, imprisoned 

3 not more than 2 years, or both; 

4 ‘‘(B) shall, for a second or subsequent vio5 lation, or following an order of voluntary depar6 ture, be fined under such title, imprisoned not 

7 more than 5 years (or not more than 2 years 

8 in the case of a second or subsequent violation 

9 of paragraph (1)(E)), or both; 

10 ‘‘(C) if the violation occurred after the 

11 alien had been convicted of 3 or more mis12 demeanors or for a felony, shall be fined under 

13 such title, imprisoned not more than 10 years, 

14 or both; 

15 ‘‘(D) if the violation occurred after the 

16 alien had been convicted of a felony for which 

17 the alien received a term of imprisonment of 

18 not less than 30 months, shall be fined under 

19 such title, imprisoned not more than 20 years, 

20 or both; and 

21 ‘‘(E) if the violation occurred after the 

22 alien had been convicted of a felony for which 

23 the alien received a term of imprisonment of 

24 not less than 60 months, such alien shall be 


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1 fined under such title, imprisoned not more 

2 than 25 years, or both. 

3 ‘‘(3) PRIOR CONVICTIONS.—The prior convic4 tions described in subparagraphs (C) through (E) of 

5 paragraph (2) are elements of the offenses described 

6 and the penalties in such subparagraphs shall apply 

7 only in cases in which the conviction or convictions 

8 that form the basis for the additional penalty are— 

9 ‘‘(A) alleged in the indictment or informa10 tion; and 

11 ‘‘(B) proven beyond a reasonable doubt at 

12 trial or admitted by the defendant. 

13 ‘‘(4) DURATION OF OFFENSE.—An offense 

14 under this subsection continues until the alien is dis15 covered within the United States by an immigration, 

16 customs, or agriculture officer, or until the alien is 

17 granted a valid visa or relief from removal. 

18 ‘‘(5) ATTEMPT.—Whoever attempts to commit 

19 any offense under this section may be punished in 

20 the same manner as for a completion of such of21 fense. 

22 ‘‘(b) IMPROPER TIME OR PLACE; CIVIL PEN23 ALTIES.—Any alien who is apprehended knowingly cross24 ing or attempting to cross the border to the United States 

25 at a time or place other than as designated by immigration 


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1 officers shall be subject to a civil penalty, in addition to 

2 any criminal or other civil penalties that may be imposed 

3 under any other provision of law, in an amount equal to— 

4 ‘‘(1) not less than $50 or more than $5,000 for 

5 each such entry, crossing, attempted entry, or at6 tempted crossing; or 

7 ‘‘(2) not more than $25,000 if the alien had 

8 previously been subject to a civil penalty under this 

9 subsection.’’. 

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

11 for the Immigration and Nationality Act is amended by 

12 striking the item relating to section 275 and inserting the 

13 following: 

‘‘Sec. 275. Illegal entry or presence.’’. 

14 (c) EFFECTIVE DATES AND APPLICABILITY.— 

15 (1) CRIMINAL PENALTIES.—Section 275(a) of 

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

17 1325(a)), as amended by subsection (a), shall take 

18 effect 180 days after the date of the enactment of 

19 this Act, and shall apply to acts, conditions, or viola20 tions described in such section 275(a) that occur or 

21 exist on or after such effective date. 

22 (2) CIVIL PENALTIES.—Section 275(b) of the 

23 Immigration and Nationality Act (8 U.S.C. 

24 1325(b)), as amended by subsection (a), shall take 

25 effect on the date of the enactment of this Act and 


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1 shall apply to acts described in such section 275(b) 

2 that occur before, on, or after such date. 

3 SEC. 7103. ILLEGAL REENTRY. 

4 Section 276 of the Immigration and Nationality Act 

5 (8 U.S.C. 1326) is amended to read as follows: 

6 ‘‘SEC. 276. REENTRY OF REMOVED ALIEN. 

7 ‘‘(a) REENTRY AFTER REMOVAL.— 

8 ‘‘(1) IN GENERAL.—Any alien who has been de9 nied admission, excluded, deported, or removed, or 

10 who has departed the United States while an order 

11 of exclusion, deportation, or removal is outstanding, 

12 and subsequently enters, attempts to enter, crosses 

13 the border to, attempts to cross the border to, or is 

14 at any time found in the United States, shall be 

15 fined under title 18, United States Code, imprisoned 

16 not more than 10 years, or both. 

17 ‘‘(2) EXCEPTION.—If an alien sought and re18 ceived the express consent of the Secretary to re19 apply for admission into the United States, or, with 

20 respect to an alien previously denied admission and 

21 removed, the alien was not required to obtain such 

22 advance consent under the Immigration and Nation23 ality Act or any prior Act, the alien shall not be sub24 ject to the fine and imprisonment provided for in 

25 paragraph (1). 


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1 ‘‘(b) REENTRY OF CRIMINAL OFFENDERS.—Not2 withstanding the penalty provided in subsection (a), if an 

3 alien described in that subsection was convicted before 

4 such removal or departure— 

5 ‘‘(1) for 3 or more misdemeanors or for a fel6 ony, the alien shall be fined under title 18, United 

7 States Code, imprisoned not more than 15 years, or 

8 both; 

9 ‘‘(2) for a felony for which the alien was sen10 tenced to a term of imprisonment of not less than 

11 30 months, the alien shall be fined under such title, 

12 imprisoned not more than 20 years, or both; 

13 ‘‘(3) for a felony for which the alien was sen14 tenced to a term of imprisonment of not less than 

15 60 months, the alien shall be fined under such title, 

16 imprisoned not more than 25 years, or both; or 

17 ‘‘(4) for murder, rape, kidnapping, or a felony 

18 offense described in chapter 77 (relating to peonage 

19 and slavery) or 113B (relating to terrorism) of such 

20 title, or for 3 or more felonies of any kind, the alien 

21 shall be fined under such title, imprisoned not more 

22 than 30 years, or both. 

23 ‘‘(c) REENTRY AFTER REPEATED REMOVAL.—Any 

24 alien who has been denied admission, excluded, deported, 

25 or removed 3 or more times and thereafter enters, atVerDate Sep 11 2014 04:01 Mar 04, 2022 Jkt 000000 PO 00000 Frm 00240 Fmt 6652 Sfmt 6201 E:\BILLS\H6637.IH H6637

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1 tempts to enter, crosses the border to, attempts to cross 

2 the border to, or is at any time found in the United States, 

3 shall be fined under title 18, United States Code, impris4 oned not more than 20 years, or both. 

5 ‘‘(d) PROOF OF PRIOR CONVICTIONS.—The prior 

6 convictions described in subsection (b) are elements of the 

7 crimes described, and the penalties in that subsection shall 

8 apply only in cases in which the conviction or convictions 

9 that form the basis for the additional penalty are— 

10 ‘‘(1) alleged in the indictment or information; 

11 and 

12 ‘‘(2) proven beyond a reasonable doubt at trial 

13 or admitted by the defendant. 

14 ‘‘(e) REENTRY OF ALIEN REMOVED PRIOR TO COM15 PLETION OF TERM OF IMPRISONMENT.—Any alien re16 moved pursuant to section 241(a)(4) who enters, attempts 

17 to enter, crosses the border to, attempts to cross the bor18 der to, or is at any time found in, the United States shall 

19 be incarcerated for the remainder of the sentence of im20 prisonment which was pending at the time of deportation 

21 without any reduction for parole or supervised release un22 less the alien affirmatively demonstrates that the Sec23 retary of Homeland Security has expressly consented to 

24 the alien’s reentry. Such alien shall be subject to such 

25 other penalties relating to the reentry of removed aliens 


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1 as may be available under this section or any other provi2 sion of law. 

3 ‘‘(f) DEFINITIONS.—For purposes of this section and 

4 section 275, the following definitions shall apply: 

5 ‘‘(1) CROSSES THE BORDER TO THE UNITED

6 STATES.—The term ‘crosses the border’ refers to the 

7 physical act of crossing the border free from official 

8 restraint. 

9 ‘‘(2) OFFICIAL RESTRAINT.—The term ‘official 

10 restraint’ means any restraint known to the alien 

11 that serves to deprive the alien of liberty and pre12 vents the alien from going at large into the United 

13 States. Surveillance unbeknownst to the alien shall 

14 not constitute official restraint. 

15 ‘‘(3) FELONY.—The term ‘felony’ means any 

16 criminal offense punishable by a term of imprison17 ment of more than 1 year under the laws of the 

18 United States, any State, or a foreign government. 

19 ‘‘(4) MISDEMEANOR.—The term ‘misdemeanor’ 

20 means any criminal offense punishable by a term of 

21 imprisonment of not more than 1 year under the ap22 plicable laws of the United States, any State, or a 

23 foreign government. 

24 ‘‘(5) REMOVAL.—The term ‘removal’ includes 

25 any denial of admission, exclusion, deportation, or 


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1 removal, or any agreement by which an alien stipu2 lates or agrees to exclusion, deportation, or removal. 

3 ‘‘(6) STATE.—The term ‘State’ means a State 

4 of the United States, the District of Columbia, and 

5 any commonwealth, territory, or possession of the 

6 United States.’’. 

7 TITLE VIII—GANG MEMBER 

8 REMOVAL 

9 SEC. 8101. GROUNDS OF INADMISSIBILITY AND DEPORT10 ABILITY FOR ALIEN GANG MEMBERS. 

11 (a) DEFINITION OF GANG MEMBER.—Section 101(a) 

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

13 1101(a)) is amended by inserting after paragraph (52) the 

14 following: 

15 ‘‘(53)(A) The term ‘criminal gang’ means an associa16 tion of 5 or more individuals— 

17 ‘‘(i) whose members knowingly, willingly, and 

18 collectively identify themselves by adopting a group 

19 identity, which they use to create an atmosphere of 

20 fear or intimidation, frequently by employing one or 

21 more of the following: a common name, slogan, iden22 tifying sign, symbol, tattoo or other physical mark23 ing, style or color of clothing, hairstyle, hand sign or 

24 graffiti; 


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1 ‘‘(ii) whose purpose in part is to engage in 

2 criminal activity and which uses violence or intimida3 tion to further its criminal objectives; and 

4 ‘‘(iii) whose members engage in criminal activ5 ity or acts of juvenile delinquency that if committed 

6 by an adult would be crimes with the intent to en7 hance or preserve the association’s power, reputation 

8 or economic resources. 

9 ‘‘(B) The association may also possess some of the 

10 following characteristics: 

11 ‘‘(i) The members may employ rules for joining 

12 and operating within the association. 

13 ‘‘(ii) The members may meet on a recurring 

14 basis. 

15 ‘‘(iii) The association may provide physical pro16 tection of its members from others. 

17 ‘‘(iv) The association may seek to exercise con18 trol over a particular geographic location or region, 

19 or it may simply defend its perceived interests 

20 against rivals. 

21 ‘‘(v) The association may have an identifiable 

22 structure. 

23 ‘‘(C) The offenses described, whether in violation of 

24 Federal or State law or foreign law and regardless of 


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1 whether the offenses occurred before, on, or after the date 

2 of the enactment of this paragraph, are the following: 

3 ‘‘(i) A ‘felony drug offense’ (as defined in sec4 tion 102 of the Controlled Substances Act (21 

5 U.S.C. 802)). 

6 ‘‘(ii) A felony offense involving firearms or ex7 plosives or in violation of section 931 of title 18, 

8 United States Code (relating to purchase, ownership, 

9 or possession of body armor by violent felons). 

10 ‘‘(iii) An offense under section 274 (relating to 

11 bringing in and harboring certain aliens), section 

12 277 (relating to aiding or assisting certain aliens to 

13 enter the United States), or section 278 (relating to 

14 importation of alien for immoral purpose), except 

15 that this clause does not apply in the case of an or16 ganization described in section 501(c)(3) of the In17 ternal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) 

18 which is exempt from taxation under section 501(a) 

19 of such Code. 

20 ‘‘(iv) A violent crime described in section 

21 101(a)(43)(F). 

22 ‘‘(v) A crime involving obstruction of justice, 

23 tampering with or retaliating against a witness, vic24 tim, or informant, or perjury or subornation of per25 jury. 


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1 ‘‘(vi) Any conduct punishable under sections 

2 1028A and 1029 of title 18, United States Code (re3 lating to aggravated identity theft or fraud and re4 lated activity in connection with identification docu5 ments or access devices), sections 1581 through 

6 1594 of such title (relating to peonage, slavery, and 

7 trafficking in persons), section 1951 of such title 

8 (relating to interference with commerce by threats or 

9 violence), section 1952 of such title (relating to 

10 interstate and foreign travel or transportation in aid 

11 of racketeering enterprises), section 1956 of such 

12 title (relating to the laundering of monetary instru13 ments), section 1957 of such title (relating to engag14 ing in monetary transactions in property derived 

15 from specified unlawful activity), or sections 2312 

16 through 2315 of such title (relating to interstate 

17 transportation of stolen motor vehicles or stolen 

18 property). 

19 ‘‘(vii) An attempt or conspiracy to commit an 

20 offense described in this paragraph or aiding, abet21 ting, counseling, procuring, commanding, inducing, 

22 facilitating, or soliciting the commission of an of23 fense described in clauses (i) through (vi).’’. 

24 (b) INADMISSIBILITY.—Section 212(a)(2) of such Act 

25 (8 U.S.C. 1182(a)(2)) is amended— 


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1 (1) in subparagraph (A)(i)— 

2 (A) in subclause (I), by striking ‘‘or’’ at 

3 the end; and 

4 (B) by inserting after subclause (II) the 

5 following: 

6 ‘‘(III) a violation of (or a con7 spiracy or attempt to violate) any law 

8 or regulation of a State, the United 

9 States, or a foreign country relating 

10 to participation or membership in a 

11 criminal gang, or 

12 ‘‘(IV) any felony or misdemeanor 

13 offense for which the alien received a 

14 sentencing enhancement predicated on 

15 knowing gang membership or conduct 

16 that promoted, furthered, aided, or 

17 supported the illegal activity of the 

18 criminal gang, except in the case of 

19 any such alien who was a minor under 

20 the age of 16 at the time of the of21 fense, who was forced, threatened, or 

22 coerced into association with the 

23 criminal gang, who was unknowingly 

24 associated with the gang, or who 

25 acted under duress.’’; and 


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1 (2) by adding at the end the following: 

2 ‘‘(N) ALIENS ASSOCIATED WITH CRIMINAL

3 GANGS.— 

4 ‘‘(i) ALIENS NOT PHYSICALLY

5 PRESENT IN THE UNITED STATES.—In the 

6 case of an alien who is not physically 

7 present in the United States: 

8 ‘‘(I) That alien is inadmissible if 

9 a consular officer, the Secretary of 

10 Homeland Security, or the Attorney 

11 General knows or has reasonable 

12 grounds to believe— 

13 ‘‘(aa) to be or to have been 

14 a member of a criminal gang (as 

15 defined in section 101(a)(53)); or 

16 ‘‘(bb) to have participated in 

17 the activities of a criminal gang 

18 (as defined in section 

19 101(a)(53)), knowing or having 

20 reason to know that such activi21 ties will promote, further, aid, or 

22 support the illegal activity of the 

23 criminal gang. 

24 ‘‘(II) That alien is inadmissible if 

25 a consular officer, the Secretary of 


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1 Homeland Security, or the Attorney 

2 General has reasonable grounds to be3 lieve the alien has participated in, 

4 been a member of, promoted, or con5 spired with a criminal gang, either in6 side or outside of the United States. 

7 ‘‘(III) That alien is inadmissible 

8 if a consular officer, an immigration 

9 officer, the Secretary of Homeland Se10 curity, or the Attorney General has 

11 reasonable grounds to believe seeks to 

12 enter the United States or has en13 tered the United States in furtherance 

14 of the activities of a criminal gang, ei15 ther inside or outside of the United 

16 States. 

17 ‘‘(ii) ALIENS PHYSICALLY PRESENT IN THE

18 UNITED STATES.—In the case of an alien who 

19 is physically present in the United States, that 

20 alien is inadmissible if the alien— 

21 ‘‘(I) is a member of a criminal gang 

22 (as defined in section 101(a)(53)); or 

23 ‘‘(II) has participated in the activities 

24 of a criminal gang (as defined in section 

25 101(a)(53)), knowing or having reason to 


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•HR 6637 IH

1 know that such activities will promote, fur2 ther, aid, or support the illegal activity of 

3 the criminal gang. 

4 ‘‘(iii) EXCEPTIONS.—Clauses (i) and (ii) 

5 do not apply to a spouse or child of an alien— 

6 ‘‘(I) who did not know or should not 

7 reasonably have known of the activity 

8 causing the alien to be found inadmissible 

9 under this section; 

10 ‘‘(II) whom the consular officer or At11 torney General has reasonable grounds to 

12 believe has renounced the activity causing 

13 the alien to be found inadmissible under 

14 this section; or 

15 ‘‘(III) whom the consular officer or 

16 Attorney General has reasonable grounds 

17 to believe did not willingly participate in 

18 the activity of the associated gang, was 

19 under the direct control of a member, or 

20 did so under duress.’’. 

21 (c) DEPORTABILITY.—Section 237(a)(2) of the Im22 migration and Nationality Act (8 U.S.C. 1227(a)(2)) is 

23 amended by adding at the end the following: 

24 ‘‘(H) ALIENS ASSOCIATED WITH CRIMINAL

25 GANGS.— 


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1 ‘‘(i) IN GENERAL.—Any alien is de2 portable who— 

3 ‘‘(I) is or has been a member of 

4 a criminal gang (as defined in section 

5 101(a)(53)); 

6 ‘‘(II) has participated in the ac7 tivities of a criminal gang (as so de8 fined), knowing or having reason to 

9 know that such activities will promote, 

10 further, aid, or support the illegal ac11 tivity of the criminal gang; 

12 ‘‘(III) has been convicted of a 

13 violation of (or a conspiracy or at14 tempt to violate) any law or regulation 

15 of a State, the United States, or a 

16 foreign country relating to participa17 tion or membership in a criminal 

18 gang; or 

19 ‘‘(IV) any felony or misdemeanor 

20 offense for which the alien received a 

21 sentencing enhancement predicated on 

22 gang membership or conduct that pro23 moted, furthered, aided, or supported 

24 the illegal activity of the criminal 

25 gang. 


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1 ‘‘(ii) EXCEPTION.—Clause (i) does not 

2 apply to a spouse or child of an alien— 

3 ‘‘(I) who did not know or should 

4 not reasonably have known of the ac5 tivity causing the alien to be found in6 admissible under this section; 

7 ‘‘(II) whom the consular officer 

8 or Attorney General has reasonable 

9 grounds to believe has renounced the 

10 activity causing the alien to be found 

11 inadmissible under this section; or 

12 ‘‘(III) whom the consular officer 

13 or Attorney General has reasonable 

14 grounds to believe did not willingly 

15 participate in the activity of the asso16 ciated gang, was under the direct con17 trol of a member, or did so under du18 ress.’’. 

19 (d) DESIGNATION.— 

20 (1) IN GENERAL.—Chapter 2 of title II of the 

21 Immigration and Nationality Act (8 U.S.C. 1182) is 

22 amended by inserting after section 219 the fol23 lowing: 

24 ‘‘DESIGNATION OF CRIMINAL GANG

25 ‘‘SEC. 220. 

26 ‘‘(a) DESIGNATION.— 


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1 ‘‘(1) IN GENERAL.—The Secretary of Homeland Se2 curity, in consultation with the Attorney General, may 

3 designate a group, club, organization, or association of 5 

4 or more persons as a criminal gang if the Secretary finds 

5 that their conduct is described in section 101(a)(53). 

6 ‘‘(2) PROCEDURE.— 

7 ‘‘(A) NOTIFICATION.—60 days before making a 

8 designation under this subsection, the Secretary 

9 shall, by classified communication, notify the Speak10 er and Minority Leader of the House of Representa11 tives, the President pro tempore, Majority Leader, 

12 and Minority Leader of the Senate, and the mem13 bers of the relevant committees of the House of Rep14 resentatives and the Senate, in writing, of the intent 

15 to designate a group, club, organization, or associa16 tion of 5 or more persons under this subsection and 

17 the factual basis therefor. 

18 ‘‘(B) PUBLICATION IN THE FEDERAL REG19 ISTER.—The Secretary shall publish the designation 

20 in the Federal Register seven days after providing 

21 the notification under subparagraph (A). 

22 ‘‘(3) RECORD.— 

23 ‘‘(A) IN GENERAL.—In making a designation 

24 under this subsection, the Secretary shall create an 

25 administrative record. 


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1 ‘‘(B) CLASSIFIED INFORMATION.—The Sec2 retary may consider classified information in making 

3 a designation under this subsection. Classified infor4 mation shall not be subject to disclosure for such 

5 time as it remains classified, except that such infor6 mation may be disclosed to a court ex parte and in 

7 camera for purposes of judicial review under sub8 section (c). 

9 ‘‘(4) PERIOD OF DESIGNATION.— 

10 ‘‘(A) IN GENERAL.—A designation under this 

11 subsection shall be effective for all purposes until re12 voked under paragraph (5) or (6) or set aside pursu13 ant to subsection (c). 

14 ‘‘(B) REVIEW OF DESIGNATION UPON PETI15 TION.— 

16 ‘‘(i) IN GENERAL.—The Secretary shall re17 view the designation of a criminal gang under 

18 the procedures set forth in clauses (iii) and (iv) 

19 if the designated group, club, organization, or 

20 association of 5 or more persons files a petition 

21 for revocation within the petition period de22 scribed in clause (ii). 

23 ‘‘(ii) PETITION PERIOD.—For purposes of 

24 clause (i)— 


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1 ‘‘(I) if the designated group, club, or2 ganization, or association of 5 or more per3 sons has not previously filed a petition for 

4 revocation under this subparagraph, the 

5 petition period begins 2 years after the 

6 date on which the designation was made; 

7 or 

8 ‘‘(II) if the designated group, club, or9 ganization, or association of 5 or more per10 sons has previously filed a petition for rev11 ocation under this subparagraph, the peti12 tion period begins 2 years after the date of 

13 the determination made under clause (iv) 

14 on that petition. 

15 ‘‘(iii) PROCEDURES.—Any group, club, or16 ganization, or association of 5 or more persons 

17 that submits a petition for revocation under 

18 this subparagraph of its designation as a crimi19 nal gang must provide evidence in that petition 

20 that it is not described in section 101(a)(53). 

21 ‘‘(iv) DETERMINATION.— 

22 ‘‘(I) IN GENERAL.—Not later than 60 

23 days after receiving a petition for revoca24 tion submitted under this subparagraph, 


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1 the Secretary shall make a determination 

2 as to such revocation. 

3 ‘‘(II) CLASSIFIED INFORMATION.— 

4 The Secretary may consider classified in5 formation in making a determination in re6 sponse to a petition for revocation. Classi7 fied information shall not be subject to dis8 closure for such time as it remains classi9 fied, except that such information may be 

10 disclosed to a court ex parte and in camera 

11 for purposes of judicial review under sub12 section (c). 

13 ‘‘(III) PUBLICATION OF DETERMINA14 TION.—A determination made by the Sec15 retary under this clause shall be published 

16 in the Federal Register. 

17 ‘‘(IV) PROCEDURES.—Any revocation 

18 by the Secretary shall be made in accord19 ance with paragraph (6). 

20 ‘‘(C) OTHER REVIEW OF DESIGNATION.— 

21 ‘‘(i) IN GENERAL.—If in a 5-year period no 

22 review has taken place under subparagraph (B), 

23 the Secretary shall review the designation of the 

24 criminal gang in order to determine whether 


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1 such designation should be revoked pursuant to 

2 paragraph (6). 

3 ‘‘(ii) PROCEDURES.—If a review does not 

4 take place pursuant to subparagraph (B) in re5 sponse to a petition for revocation that is filed 

6 in accordance with that subparagraph, then the 

7 review shall be conducted pursuant to proce8 dures established by the Secretary. The results 

9 of such review and the applicable procedures 

10 shall not be reviewable in any court. 

11 ‘‘(iii) PUBLICATION OF RESULTS OF RE12 VIEW.—The Secretary shall publish any deter13 mination made pursuant to this subparagraph 

14 in the Federal Register. 

15 ‘‘(5) REVOCATION BY ACT OF CONGRESS.—The Con16 gress, by an Act of Congress, may block or revoke a des17 ignation made under paragraph (1). 

18 ‘‘(6) REVOCATION BASED ON CHANGE IN CIR19 CUMSTANCES.— 

20 ‘‘(A) IN GENERAL.—The Secretary may revoke 

21 a designation made under paragraph (1) at any 

22 time, and shall revoke a designation upon completion 

23 of a review conducted pursuant to subparagraphs 

24 (B) and (C) of paragraph (4) if the Secretary finds 

25 that— 


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1 ‘‘(i) the group, club, organization, or asso2 ciation of 5 or more persons that has been des3 ignated as a criminal gang is no longer de4 scribed in section 101(a)(53); or 

5 ‘‘(ii) the national security or the law en6 forcement interests of the United States war7 rants a revocation. 

8 ‘‘(B) PROCEDURE.—The procedural require9 ments of paragraphs (2) and (3) shall apply to a 

10 revocation under this paragraph. Any revocation 

11 shall take effect on the date specified in the revoca12 tion or upon publication in the Federal Register if 

13 no effective date is specified. 

14 ‘‘(7) EFFECT OF REVOCATION.—The revocation of a 

15 designation under paragraph (5) or (6) shall not affect 

16 any action or proceeding based on conduct committed 

17 prior to the effective date of such revocation. 

18 ‘‘(8) USE OF DESIGNATION IN TRIAL OR HEAR19 ING.—If a designation under this subsection has become 

20 effective under paragraph (2) an alien in a removal pro21 ceeding shall not be permitted to raise any question con22 cerning the validity of the issuance of such designation 

23 as a defense or an objection. 

24 ‘‘(b) AMENDMENTS TO A DESIGNATION.— 


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1 ‘‘(1) IN GENERAL.—The Secretary may amend 

2 a designation under this subsection if the Secretary 

3 finds that the group, club, organization, or associa4 tion of 5 or more persons has changed its name, 

5 adopted a new alias, dissolved and then reconsti6 tuted itself under a different name or names, or 

7 merged with another group, club, organization, or 

8 association of 5 or more persons. 

9 ‘‘(2) PROCEDURE.—Amendments made to a 

10 designation in accordance with paragraph (1) shall 

11 be effective upon publication in the Federal Register. 

12 Paragraphs (2), (4), (5), (6), (7), and (8) of sub13 section (a) shall also apply to an amended designa14 tion. 

15 ‘‘(3) ADMINISTRATIVE RECORD.—The adminis16 trative record shall be corrected to include the 

17 amendments as well as any additional relevant infor18 mation that supports those amendments. 

19 ‘‘(4) CLASSIFIED INFORMATION.—The Sec20 retary may consider classified information in amend21 ing a designation in accordance with this subsection. 

22 Classified information shall not be subject to disclo23 sure for such time as it remains classified, except 

24 that such information may be disclosed to a court ex 


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1 parte and in camera for purposes of judicial review 

2 under subsection (c) of this section. 

3 ‘‘(c) JUDICIAL REVIEW OF DESIGNATION.— 

4 ‘‘(1) IN GENERAL.—Not later than 30 days 

5 after publication in the Federal Register of a des6 ignation, an amended designation, or a determina7 tion in response to a petition for revocation, the des8 ignated group, club, organization, or association of 5 

9 or more persons may seek judicial review in the 

10 United States Court of Appeals for the District of 

11 Columbia Circuit. 

12 ‘‘(2) BASIS OF REVIEW.—Review under this 

13 subsection shall be based solely upon the administra14 tive record, except that the Government may submit, 

15 for ex parte and in camera review, classified infor16 mation used in making the designation, amended 

17 designation, or determination in response to a peti18 tion for revocation. 

19 ‘‘(3) SCOPE OF REVIEW.—The Court shall hold 

20 unlawful and set aside a designation, amended des21 ignation, or determination in response to a petition 

22 for revocation the court finds to be— 

23 ‘‘(A) arbitrary, capricious, an abuse of dis24 cretion, or otherwise not in accordance with 

25 law; 


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1 ‘‘(B) contrary to constitutional right, 

2 power, privilege, or immunity; 

3 ‘‘(C) in excess of statutory jurisdiction, au4 thority, or limitation, or short of statutory 

5 right; 

6 ‘‘(D) lacking substantial support in the ad7 ministrative record taken as a whole or in clas8 sified information submitted to the court under 

9 paragraph (2); or 

10 ‘‘(E) not in accord with the procedures re11 quired by law. 

12 ‘‘(4) JUDICIAL REVIEW INVOKED.—The pend13 ency of an action for judicial review of a designation, 

14 amended designation, or determination in response 

15 to a petition for revocation shall not affect the appli16 cation of this section, unless the court issues a final 

17 order setting aside the designation, amended des18 ignation, or determination in response to a petition 

19 for revocation. 

20 ‘‘(d) DEFINITIONS.—As used in this section— 

21 ‘‘(1) the term ‘classified information’ has the 

22 meaning given that term in section 1(a) of the Clas23 sified Information Procedures Act (18 U.S.C. App.); 


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1 ‘‘(2) the term ‘national security’ means the na2 tional defense, foreign relations, or economic inter3 ests of the United States; 

4 ‘‘(3) the term ‘relevant committees’ means the 

5 Committees on the Judiciary of the Senate and of 

6 the House of Representatives; and 

7 ‘‘(4) the term ‘Secretary’ means the Secretary 

8 of Homeland Security, in consultation with the At9 torney General.’’. 

10 (2) CLERICAL AMENDMENT.—The table of con11 tents for such Act is amended by inserting after the 

12 item relating to section 219 the following: 

‘‘Sec. 220. Designation of criminal gang.’’. 

13 (e) MANDATORY DETENTION OF CRIMINAL GANG

14 MEMBERS.— 

15 (1) IN GENERAL.—Section 236(c)(1) of the Im16 migration and Nationality Act (8 U.S.C. 

17 1226(c)(1)), as amended by this division, is further 

18 amended— 

19 (A) in subparagraph (E), by striking ‘‘or’’ 

20 at the end; 

21 (B) in subparagraph (F), by inserting ‘‘or’’ 

22 at the end; and 

23 (C) by inserting after subparagraph (F) 

24 the following: 


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1 ‘‘(G) is inadmissible under section 

2 212(a)(2)(N) or deportable under section 

3 237(a)(2)(H),’’. 

4 (2) ANNUAL REPORT.—Not later than March 1 

5 of each year (beginning 1 year after the date of the 

6 enactment of this Act), the Secretary of Homeland 

7 Security, after consultation with the appropriate 

8 Federal agencies, shall submit a report to the Com9 mittees on the Judiciary of the House of Represent10 atives and of the Senate on the number of aliens de11 tained under the amendments made by paragraph 

12 (1). 

13 TITLE IX—ASYLUM REFORM 

14 SEC. 9101. REGIONAL PROCESSING CENTERS. 

15 Subtitle C of title IV of the Homeland Security Act 

16 of 2002 (6 U.S.C. 231 et seq.) is amended by adding at 

17 the end the following: 

18 ‘‘SEC. 437. REGIONAL PROCESSING CENTERS. 

19 ‘‘(a) IN GENERAL.—Not later than 24 months after 

20 the effective date of this section, the Secretary shall estab21 lish not fewer than 4 regional processing centers located 

22 in high traffic sectors of U.S. Border Patrol, as deter23 mined by the Secretary, along the southern border land 

24 border of the United States (referred to in this section 

25 as a ‘regional processing center’). 


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1 ‘‘(b) PURPOSE.—The regional processing centers 

2 shall carry out processing and management activities for 

3 family units apprehended at the border, including— 

4 ‘‘(1) criminal history checks; 

5 ‘‘(2) identity verification; 

6 ‘‘(3) biometrics collection and analysis; 

7 ‘‘(4) medical screenings; 

8 ‘‘(5) asylum interviews and credible fear deter9 minations under section 235 of the Immigration and 

10 Nationality Act (8 U.S.C. 1225) and reasonable fear 

11 determinations under section 241(b)(3)(B) of that 

12 Act (8 U.S.C. 1231(b)(3)(B)); 

13 ‘‘(6) facilitating coordination and communica14 tion between Federal entities and nongovernmental 

15 organizations that are directly involved in providing 

16 assistance to aliens; 

17 ‘‘(7) legal orientation programming and com18 munication between aliens and outside legal counsel; 

19 ‘‘(8) issuance of legal documents relating to im20 migration court proceedings of aliens; and 

21 ‘‘(9) any other activity the Secretary considers 

22 appropriate. 

23 ‘‘(c) PERSONNEL AND LIVING CONDITIONS.—The re24 gional processing centers shall include— 

25 ‘‘(1) personnel assigned from— 


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1 ‘‘(A) U.S. Customs and Border Protection; 

2 ‘‘(B) U.S. Immigration and Customs En3 forcement; 

4 ‘‘(C) the Federal Emergency Management 

5 Agency; 

6 ‘‘(D) U.S. Citizenship and Immigration 

7 Services; and 

8 ‘‘(E) the Office of Refugee Resettlement; 

9 ‘‘(2) upon agreement with an applicable Federal 

10 agency, personnel from such Federal agency who are 

11 assigned to the regional processing center; 

12 ‘‘(3) sufficient medical staff, including physi13 cians specializing in pediatric or family medicine, 

14 nurse practitioners, and physician assistants; 

15 ‘‘(4) licensed social workers; 

16 ‘‘(5) mental health professionals; 

17 ‘‘(6) child advocates appointed by the Secretary 

18 of Health and Human Services under section 

19 235(c)(6)(B) of the William Wilberforce Trafficking 

20 Victims Protection Reauthorization Act of 2008 (8 

21 U.S.C. 1232(c)(6)(B)); and 

22 ‘‘(7) sufficient space to carry out the processing 

23 and management activities described in subsection 

24 (b). 


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1 ‘‘(d) CRIMINAL HISTORY CHECKS.—Each criminal 

2 history check carried out under subsection (b)(1) shall be 

3 conducted using a set of fingerprints or other biometric 

4 identifier obtained from— 

5 ‘‘(1) the Federal Bureau of Investigation; 

6 ‘‘(2) the criminal history repositories of all 

7 States that the individual listed as a current or 

8 former residence; and 

9 ‘‘(3) any other appropriate Federal or State 

10 database resource or repository, as determined by 

11 the Secretary. 

12 ‘‘(e) EXCEPTIONS FOR ADDITIONAL PURPOSES.— 

13 Subject to operational and spatial availability, in the event 

14 of a major disaster or emergency declared under the Rob15 ert T. Stafford Disaster Relief and Emergency Assistance 

16 Act (42 U.S.C. 5121 et seq.) or any homeland security 

17 crisis requiring the establishment of a departmental Joint 

18 Task Force under section 708(b), the Secretary may tem19 porarily utilize a regional processing center to carry out 

20 operations relating to such declaration or crisis. 

21 ‘‘(f) DONATIONS.—The Department may accept do22 nations from private entities, nongovernmental organiza23 tions, and other groups independent of the Federal Gov24 ernment for the care of children and family units detained 

25 at a regional processing center, including— 


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1 ‘‘(1) medical goods and services; 

2 ‘‘(2) school supplies; 

3 ‘‘(3) toys; 

4 ‘‘(4) clothing; and 

5 ‘‘(5) any other item intended to promote the 

6 well-being of such children and family units. 

7 ‘‘(g) ACCESS TO FACILITIES FOR PRIVATE ENTITIES

8 AND NONGOVERNMENTAL ORGANIZATIONS.— 

9 ‘‘(1) IN GENERAL.—Private entities and non10 governmental organizations that are directly involved 

11 in providing humanitarian or legal assistance to 

12 families and individuals encountered by the Depart13 ment along the southwest border of the United 

14 States, or organizations that provide assistance to 

15 detained individuals, shall have access to regional 

16 processing centers for purposes of— 

17 ‘‘(A) legal orientation programming; 

18 ‘‘(B) coordination with the Department 

19 with respect to the care of families and individ20 uals held in regional processing centers, includ21 ing the care of families and individuals who are 

22 released or scheduled to be released; 

23 ‘‘(C) communication between aliens and 

24 outside legal counsel; 


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1 ‘‘(D) the provision of humanitarian assist2 ance; and 

3 ‘‘(E) any other purpose the Secretary con4 siders appropriate. 

5 ‘‘(2) ACCESS PLAN.—Not later than 60 days 

6 after the date of the enactment of this section, the 

7 Secretary shall publish in the Federal Register pro8 cedures relating to access to regional processing cen9 ters under paragraph (1) that ensure— 

10 ‘‘(A) the safety of personnel of, and aliens 

11 detained in, regional processing centers; and 

12 ‘‘(B) the orderly management and oper13 ation of regional processing centers. 

14 ‘‘(h) LEGAL COUNSEL.—Aliens detained in a regional 

15 processing center shall have access to legal counsel in ac16 cordance with section 292 of the Immigration and Nation17 ality Act (8 U.S.C. 1362), including the opportunity to 

18 consult with counsel before any legally determinative as19 pect of the asylum process occurs. 

20 ‘‘(i) PROCEDURES TO FACILITATE COMMUNICATION

21 WITH COUNSEL.—The Secretary shall develop written 

22 procedures to permit aliens detained in a regional proc23 essing center to visit with, and make confidential tele24 phone calls to, legal representatives and legal services pro25 viders and to receive incoming calls from legal representaVerDate Sep 11 2014 04:01 Mar 04, 2022 Jkt 000000 PO 00000 Frm 00268 Fmt 6652 Sfmt 6201 E:\BILLS\H6637.IH H6637

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1 tives and legal services providers, in a private and con2 fidential space while in custody, for the purposes of retain3 ing or consulting with counsel or obtaining legal advice 

4 from legal services providers. 

5 ‘‘(j) LEGAL ORIENTATION.— 

6 ‘‘(1) IN GENERAL.—An alien detained in a re7 gional processing center shall be provided the oppor8 tunity to receive a complete legal orientation presen9 tation administered by a nongovernmental organiza10 tion in cooperation with the Executive Office for Im11 migration Review. 

12 ‘‘(2) TIMELINE.— 

13 ‘‘(A) IN GENERAL.—The Secretary shall 

14 prioritize the provision of the legal orientation 

15 presentation required by paragraph (1) to an 

16 alien within 12 hours of apprehension. 

17 ‘‘(B) REQUIREMENT.—In the case of an 

18 alien who does not receive such legal orientation 

19 presentation within 12 hours of apprehension, 

20 the Secretary shall ensure that the alien re21 ceives the presentation— 

22 ‘‘(i) not later than 24 hours after ap23 prehension; and 

24 ‘‘(ii) not less than 24 hours before the 

25 alien initially appears before an asylum ofVerDate Sep 11 2014 04:01 Mar 04, 2022 Jkt 000000 PO 00000 Frm 00269 Fmt 6652 Sfmt 6201 E:\BILLS\H6637.IH H6637

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1 ficer or immigration judge in connection 

2 with a claim for asylum. 

3 ‘‘(k) MANAGEMENT OF REGIONAL PROCESSING CEN4 TERS.— 

5 ‘‘(1) OPERATION.—The Commissioner of U.S. 

6 Customs and Border Protection, in consultation with 

7 the interagency coordinating council established 

8 under paragraph (2), shall operate the regional proc9 essing centers. 

10 ‘‘(2) INTERAGENCY COORDINATING COM11 MITTEE.— 

12 ‘‘(A) ESTABLISHMENT.—There is estab13 lished an interagency coordinating committee 

14 for the purpose of coordinating operations and 

15 management of the regional processing centers. 

16 ‘‘(B) MEMBERSHIP.—The interagency co17 ordinating committee shall be chaired by the 

18 Commissioner of U.S. Customs and Border 

19 Protection, or his or her designee, and shall in20 clude representatives designated by the heads of 

21 the following agencies: 

22 ‘‘(i) U.S. Immigration and Customs 

23 Enforcement. 

24 ‘‘(ii) The Federal Emergency Manage25 ment Agency. 


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1 ‘‘(iii) U.S. Citizenship and Immigra2 tion Services. 

3 ‘‘(iv) The Office of Refugee Resettle4 ment. 

5 ‘‘(v) Any other agency that supplies 

6 personnel to the regional processing cen7 ters, upon agreement between the Commis8 sioner of U.S. Customs and Border Protec9 tion and the head of such other agency.’’. 

10 SEC. 9102. CODIFICATION OF FLORES SETTLEMENT. 

11 Except as otherwise provided in this Act and the 

12 amendments made by this Act, the stipulated settlement 

13 agreement filed in the United States District Court for 

14 the Central District of California on January 17, 1997 

15 (CV 85–4544–RJK) (commonly known as the ‘‘Flores set16 tlement agreement’’), shall apply hereafter to the deten17 tion and custody of minor aliens and their family members 

18 subject to detention in the United States under the Immi19 gration and Nationality Act (8 U.S.C. 1101 et seq.). 

20 SEC. 9103. EXPEDITED ASYLUM ADJUDICATIONS. 

21 (a) IN GENERAL.—Notwithstanding any other provi22 sion of law, in the case of an application for asylum under 

23 section 208 of the Immigration and Nationality Act made 

24 by an alien who is traveling with the spouse or child of 

25 that alien, of by an unaccompanied alien child (as such 


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1 term is defined in section 462(g) of the Homeland Secu2 rity Act of 2002), such an application shall be given pri3 ority in processing and consideration, including in accord4 ance with the requirements of this section. 

5 (b) PRIORITIZATION; DISCRETION TO WAIVE.—Ex6 cept as otherwise provided in this section, an application 

7 described in subsection (a) shall be processed and consid8 ered by an immigration judge prior to any other applica9 tion for asylum under the immigration laws based on the 

10 month that the application was filed, starting with the 

11 most recent month and working backwards. The Attorney 

12 General may temporarily waive the application of this sub13 section on a case by case basis for purposes of relieving 

14 any backlog in processing applications for asylum. The At15 torney General shall take such actions as may be prac16 ticable to commence a hearing not later than 45 days after 

17 the application is received. 

18 (c) HEARING.—In the case of any applicant described 

19 in subsection (a) who is being held at a regional processing 

20 center, not later than 180 days after that applicant’s ar21 rival and processing, there shall be a hearing on the asy22 lum application of such applicant before an immigration 

23 judge. Such hearings may be conducted via teleconference. 

24 (d) PROGRAM TO PROVIDE NECESSITIES.—The Di25 rector of the Office of Refugee Resettlement shall establish 


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1 a program to, using refugee resettlement community and 

2 faith-based organizations and nonprofits, provide neces3 sities for any applicant described in subsection (a) await4 ing a hearing before an immigration judge, including hous5 ing, basic necessities, access to medical care, access to 

6 mental treatment resources, and legal orientation pro7 grams. 

8 (e) TRACKING.—The Family Case Management Pro9 gram may be used in certain situations in which a hearing 

10 may be anticipated to take longer than 150 days to con11 clude, or in cases where remaining in a Regional Proc12 essing Center would cause unreasonable hardship on an 

13 individual, such as cases involving a disability, injury, a 

14 pregnant woman or girl, nursing mother, an elderly per15 son, a survivor of torture and trauma, a survivor of gen16 der-based violence or other violent crimes, a victims of 

17 trafficking, or other special circumstances as determined 

18 by the Attorney General. Any applicant given priority 

19 under this section who is an adult, parent, or legal guard20 ian, shall wear an electronic monitoring device and shall 

21 check in on a weekly basis using automated telephone 

22 technology that confirms a caller’s identity and location. 

23 An electronic monitoring device shall be used in the case 

24 of— 


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1 (1) any alien affirmatively claiming asylum as 

2 a defense against removal; 

3 (2) any alien the Secretary of Homeland Secu4 rity determines to be a flight risk; 

5 (3) any alien who violates requirements under 

6 the Family Case Management Program; or 

7 (4) any alien who satisfies such additional cri8 teria as the Secretary may establish. 

9 (f) CONTRACTING FOR GOODS AND SERVICES.—The 

10 Attorney General is authorized to enter into contracts with 

11 or award grants to nonprofit agencies providing direct 

12 services and goods to asylum seekers. 

13 (g) COUNSEL.—The Attorney General shall take 

14 steps to provide for the appointment of counsel for vulner15 able populations and in particularly complex cases. For 

16 purposes of this section, the term ‘‘vulnerable’’ means, in 

17 the case of an alien, that circumstances exist in the case 

18 of that alien that may require that the Secretary of Home19 land Security engage in additional intervention, assist20 ance, and care, including that the alien is— 

21 (1) an unaccompanied or separated child; 

22 (2) a child accompanied by a parent, other fam23 ily member, or guardian; 

24 (3) a pregnant woman or girl, or a nursing 

25 mother; 


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1 (4) the sole or primary caregiver of a dependent 

2 child, elderly person, or person with disability; 

3 (5) a woman at risk of sexual or gender-based 

4 violence, exploitation, or abuse; 

5 (6) a person at risk of violence due to their sex6 ual orientation or gender identify; 

7 (7) a person at risk of suicide; 

8 (8) a person with a disability; 

9 (9) an elderly person; 

10 (10) a person with substance addiction; 

11 (11) a person who is destitute; 

12 (12) a survivor of torture and trauma; 

13 (13) a survivor of sexual or gender-based vio14 lence or other violent crimes; 

15 (14) a victim of trafficking; or 

16 (15) a stateless person. 

17 SEC. 9104. RECORDING EXPEDITED REMOVAL AND CRED18 IBLE FEAR INTERVIEWS. 

19 (a) IN GENERAL.—The Secretary of Homeland Secu20 rity shall establish quality assurance procedures and take 

21 steps to effectively ensure that questions by employees of 

22 the Department of Homeland Security exercising expe23 dited removal authority under section 235(b) of the Immi24 gration and Nationality Act (8 U.S.C. 1225(b)) are asked 

25 in a uniform manner, to the extent possible, and that both 


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1 these questions and the answers provided in response to 

2 them are recorded in a uniform fashion. 

3 (b) FACTORS RELATING TO SWORN STATEMENTS.— 

4 Where practicable, any sworn or signed written statement 

5 taken of an alien as part of the record of a proceeding 

6 under section 235(b)(1)(A) of the Immigration and Na7 tionality Act (8 U.S.C. 1225(b)(1)(A)) shall be accom8 panied by a recording of the interview which served as the 

9 basis for that sworn statement. 

10 (c) INTERPRETERS.—The Secretary shall ensure that 

11 a fluent interpreter, not affiliated with the government of 

12 the country from which the alien may claim asylum, is 

13 used when the interviewing officer does not speak a lan14 guage that the alien is fluent in speaking. 

15 (d) RECORDINGS IN IMMIGRATION PROCEEDINGS.— 

16 There shall be an audio or audio visual recording of inter17 views of aliens subject to expedited removal. The recording 

18 shall be included in the record of proceeding and shall be 

19 considered as evidence in any further proceedings involv20 ing the alien. 

21 SEC. 9105. RENUNCIATION OF ASYLUM STATUS PURSUANT 

22 TO RETURN TO HOME COUNTRY. 

23 (a) IN GENERAL.—Section 208(c) of the Immigration 

24 and Nationality Act (8 U.S.C. 1158(c)) is amended by 

25 adding at the end the following new paragraph: 


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1 ‘‘(4) RENUNCIATION OF STATUS PURSUANT TO

2 RETURN TO HOME COUNTRY.— 

3 ‘‘(A) IN GENERAL.—Except as provided in 

4 subparagraph (B), any alien who is granted 

5 asylum status under this Act, who, absent 

6 changed country conditions, subsequently re7 turns to the country of such alien’s nationality 

8 or, in the case of an alien having no nationality, 

9 returns to any country in which such alien last 

10 habitually resided, and who applied for such 

11 status because of persecution or a well-founded 

12 fear of persecution in that country on account 

13 of race, religion, nationality, membership in a 

14 particular social group, or political opinion, 

15 shall have his or her status terminated. 

16 ‘‘(B) WAIVER.—The Secretary has discre17 tion to waive subparagraph (A) if it is estab18 lished to the satisfaction of the Secretary that 

19 the alien had a compelling reason for the re20 turn. The waiver may be sought prior to depar21 ture from the United States or upon return.’’. 

22 (b) CONFORMING AMENDMENT.—Section 208(c)(3) 

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

24 1158(c)(3)) is amended by inserting after ‘‘paragraph 

25 (2)’’ the following: ‘‘or (4)’’. 


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1 SEC. 9106. NOTICE CONCERNING FRIVOLOUS ASYLUM AP2 PLICATIONS. 

3 (a) IN GENERAL.—Section 208(d)(4) of the Immi4 gration and Nationality Act (8 U.S.C. 1158(d)(4)) is 

5 amended— 

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

7 by inserting ‘‘the Secretary of Homeland Security 

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

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

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

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

12 inserting a semicolon; 

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

14 and inserting ‘‘; and’’; and 

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

16 ‘‘(C) ensure that a written warning ap17 pears on the asylum application advising the 

18 alien of the consequences of filing a frivolous 

19 application and serving as notice to the alien of 

20 the consequence of filing a frivolous applica21 tion.’’. 

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

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

24 1158(d)(6)) is amended by striking ‘‘If the’’ and all that 

25 follows and inserting: 


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1 ‘‘(A) If the Attorney General determines 

2 that an alien has knowingly made a frivolous 

3 application for asylum and the alien has re4 ceived the notice under paragraph (4)(C), the 

5 alien shall be permanently ineligible for any 

6 benefits under this chapter, effective as the date 

7 of the final determination of such an applica8 tion; 

9 ‘‘(B) An application is frivolous if the Sec10 retary of Homeland Security or the Attorney 

11 General determines, consistent with subpara12 graph (C), that— 

13 ‘‘(i) it is so insufficient in substance 

14 that it is clear that the applicant know15 ingly filed the application solely or in part 

16 to delay removal from the United States, 

17 to seek employment authorization as an 

18 applicant for asylum pursuant to regula19 tions issued pursuant to paragraph (2); or 

20 ‘‘(ii) any of the material elements are 

21 knowingly fabricated. 

22 ‘‘(C) In determining that an application is 

23 frivolous, the Secretary or the Attorney Gen24 eral, must be satisfied that the applicant, dur25 ing the course of the proceedings, has had suffiVerDate Sep 11 2014 04:01 Mar 04, 2022 Jkt 000000 PO 00000 Frm 00279 Fmt 6652 Sfmt 6201 E:\BILLS\H6637.IH H6637

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1 cient opportunity to clarify any discrepancies or 

2 implausible aspects of the claim. 

3 ‘‘(D) For purposes of this section, a find4 ing that an alien filed a frivolous asylum appli5 cation shall not preclude the alien from seeking 

6 withholding of removal under section 241(b)(3) 

7 or protection pursuant to the Convention 

8 Against Torture.’’. 

9 SEC. 9107. ANTI-FRAUD INVESTIGATIVE WORK PRODUCT. 

10 (a) ASYLUM CREDIBILITY DETERMINATIONS.—Sec11 tion 208(b)(1)(B)(iii) of the Immigration and Nationality 

12 Act (8 U.S.C. 1158(b)(1)(B)(iii)) is amended by inserting 

13 after ‘‘all relevant factors’’ the following: ‘‘, including 

14 statements made to, and investigative reports prepared by, 

15 immigration authorities and other government officials’’. 

16 (b) RELIEF FOR REMOVAL CREDIBILITY DETER17 MINATIONS.—Section 240(c)(4)(C) of the Immigration 

18 and Nationality Act (8 U.S.C. 1229a(c)(4)(C)) is amended 

19 by inserting after ‘‘all relevant factors’’ the following: ‘‘, 

20 including statements made to, and investigative reports 

21 prepared by, immigration authorities and other govern22 ment officials’’. 

23 SEC. 9108. PENALTIES FOR ASYLUM FRAUD. 

24 Section 1001 of title 18, United States Code, is 

25 amended by inserting at the end of the paragraph— 


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1 ‘‘(d) Whoever, in any matter before the Secretary of 

2 Homeland Security or the Attorney General pertaining to 

3 asylum under section 208 of the Immigration and Nation4 ality Act or withholding of removal under section 

5 241(b)(3) of such Act, knowingly and willfully— 

6 ‘‘(1) makes any materially false, fictitious, or 

7 fraudulent statement or representation; or 

8 ‘‘(2) makes or uses any false writings or docu9 ment knowing the same to contain any materially 

10 false, fictitious, or fraudulent statement or entry, 

11 shall be fined under this title or imprisoned not more than 

12 10 years, or both.’’. 

13 SEC. 9109. STATUTE OF LIMITATIONS FOR ASYLUM FRAUD. 

14 Section 3291 of title 18, United States Code, is 

15 amended— 

16 (1) by striking ‘‘1544,’’ and inserting ‘‘1544, 

17 and section 1546,’’; and 

18 (2) by striking ‘‘offense.’’ and inserting ‘‘of19 fense or within 10 years after the fraud is discov20 ered.’’. 

21 SEC. 9110. STANDARD OPERATING PROCEDURES; FACILI22 TIES STANDARDS. 

23 (a) STANDARD OPERATING PROCEDURES.—Section 

24 411(k)(1) of the Homeland Security Act of 2002 (6 

25 U.S.C. 211(k)) is amended— 


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1 (1) in subparagraph (D), by striking ‘‘and’’ at 

2 the end; 

3 (2) in subparagraph (E)(iv), by striking the pe4 riod at the end and inserting ‘‘; and’’; and 

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

6 ‘‘(F) standard operating procedures re7 garding the detection, interdiction, inspection, 

8 processing, or transferring of alien children that 

9 officers and agents of U.S. Customs and Border 

10 Protection shall employ in the execution of their 

11 duties.’’. 

12 (b) FACILITIES STANDARDS.— 

13 (1) INITIAL REVIEW AND UPDATE.—Not later 

14 than 270 days after the date of the enactment of 

15 this Act, the Secretary shall review and update the 

16 regulations under part 115 of title 6, Code of Fed17 eral Regulations, that set standards to prevent, de18 tect, and respond to sexual abuse and assault in im19 migration detention facilities and other holding fa20 cilities under the jurisdiction of the Department of 

21 Homeland Security. 

22 (2) QUADRENNIAL REVIEW.—The Secretary 

23 shall review and update the regulations referred to 

24 in paragraph (1) not less frequently than once every 

25 4 years. 


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1 SEC. 9111. CRIMINAL BACKGROUND CHECKS FOR SPON2 SORS OF UNACCOMPANIED ALIEN CHILDREN. 

3 (a) IN GENERAL.—Section 235(c) of the William Wil4 berforce Trafficking Victims Protection Reauthorization 

5 Act of 2008 (8 U.S.C. 1232(c)) is amended— 

6 (1) in paragraph (3)— 

7 (A) in subparagraph (A), in the first sen8 tence, by striking ‘‘subparagraph (B)’’ and in9 serting ‘‘subparagraphs (B) and (C)’’; 

10 (B) by redesignating subparagraphs (B) 

11 and (C) as subparagraphs (C) and (D), respec12 tively; 

13 (C) by inserting after subparagraph (A) 

14 the following: 

15 ‘‘(B) CRIMINAL BACKGROUND CHECKS.— 

16 ‘‘(i) IN GENERAL.—Before placing an 

17 unaccompanied alien child with an indi18 vidual, the Secretary of Health and 

19 Human Services shall— 

20 ‘‘(I) conduct a criminal history 

21 background check on the individual 

22 and each adult member of the individ23 ual’s household; and 

24 ‘‘(II) if appropriate, collect bio25 metric samples in connection with any 

26 such background check. 


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1 ‘‘(ii) SCOPE.— 

2 ‘‘(I) IN GENERAL.—Each biomet3 ric criminal history background check 

4 required under clause (i) shall be con5 ducted through— 

6 ‘‘(aa) the Federal Bureau of 

7 Investigation; 

8 ‘‘(bb) criminal history re9 positories of each State the indi10 vidual lists as a current or 

11 former residence; and 

12 ‘‘(cc) any other Federal or 

13 State database or repository the 

14 Secretary of Health and Human 

15 Services considers appropriate. 

16 ‘‘(II) USE OF RAPID DNA IN17 STRUMENTS.—DNA analysis of a 

18 DNA sample collected under sub19 clause (I) may be carried out with 

20 Rapid DNA instruments (as defined 

21 in section 3(c) of the DNA Analysis 

22 Backlog Elimination Act of 2000 (34 

23 U.S.C. 40702(c))). 

24 ‘‘(III) LIMITATION ON USE OF

25 BIOMETRIC SAMPLES.—The Secretary 


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1 of Health and Human Services may 

2 not release a fingerprint or DNA sam3 ple collected, or disclose the results of 

4 a fingerprint or DNA analysis con5 ducted under this subparagraph, or 

6 any other information obtained pursu7 ant to this section, to the Department 

8 of Homeland Security for any immi9 gration enforcement purpose. 

10 ‘‘(IV) ACCESS TO INFORMATION

11 THROUGH THE DEPARTMENT OF

12 HOMELAND SECURITY.—Not later 

13 than 14 days after receiving a request 

14 from the Secretary of Health and 

15 Human Services, the Secretary of 

16 Homeland Security shall provide in17 formation necessary to conduct suit18 ability assessments from appropriate 

19 Federal, State, and local law enforce20 ment and immigration databases. 

21 ‘‘(iii) PROHIBITION ON PLACEMENT

22 WITH INDIVIDUALS CONVICTED OF CER23 TAIN OFFENSES.—The Secretary of Health 

24 and Human Services may not place an un25 accompanied alien child in the custody or 


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1 household of an individual who has been 

2 convicted of, or is currently being tried 

3 for— 

4 ‘‘(I) a sex offense (as defined in 

5 section 111 of the Sex Offender Reg6 istration and Notification Act (34 

7 U.S.C. 20911)); 

8 ‘‘(II) a crime involving severe 

9 forms of trafficking in persons (as de10 fined in section 103 of the Trafficking 

11 Victims Protection Act of 2000 (22 

12 U.S.C. 7102)); 

13 ‘‘(III) a crime of domestic vio14 lence (as defined in section 40002(a) 

15 of the Violence Against Women Act 

16 (34 U.S.C. 12291(a))); 

17 ‘‘(IV) a crime of child abuse and 

18 neglect (as defined in section 3 of the 

19 Child Abuse Prevention and Treat20 ment Act (Public Law 93–247; 42 

21 U.S.C. 5101 note)); 

22 ‘‘(V) murder, manslaughter, or 

23 an attempt to commit murder or man24 slaughter (within the meanings of 

25 such terms in sections 1111, 1112, 


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1 and 1113 of title 18, United States 

2 Code); or 

3 ‘‘(VI) a crime involving receipt, 

4 distribution, or possession of a visual 

5 depiction of a minor engaging in sexu6 ally explicit conduct (within the mean7 ings of such terms in section 2252 of 

8 title 18, United States Code).’’; and 

9 (D) by adding at the end the following: 

10 ‘‘(E) WELL-BEING FOLLOW-UP CALLS.— 

11 Not later than 30 days after the date on which 

12 an unaccompanied alien child is released from 

13 the custody of the Secretary of Health and 

14 Human Services, and every 60 days thereafter 

15 until the date on which a final decision has 

16 been issued in the removal proceedings of the 

17 child or such proceedings are terminated, the 

18 Secretary shall conduct a follow-up telephone 

19 call with the unaccompanied alien child and the 

20 child’s custodian or the primary point of con21 tact for any other entity with which the child 

22 was placed. 

23 ‘‘(F) CHANGE OF ADDRESS.—The Sec24 retary of Health and Human Services shall— 


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1 ‘‘(i) require each custodian with whom 

2 an unaccompanied alien child is placed 

3 under this subsection to notify the Sec4 retary with respect to any change in the 

5 unaccompanied alien child’s physical or 

6 mailing address, including any situation in 

7 which the unaccompanied alien child per8 manently departs the custodian’s residence, 

9 not later than 7 days after the date on 

10 which such change or departure occurs; 

11 and 

12 ‘‘(ii) develop and implement a system 

13 that permits custodians to submit notifica14 tions electronically with respect to a 

15 change of address.’’. 

16 (b) COLLECTION AND COMPILATION OF STATISTICAL

17 INFORMATION.—Section 462(b)(1)(K) of the Homeland 

18 Security Act of 2002 (6 U.S.C. 279(b)(1)(K)) is amended 

19 by striking ‘‘; and’’ and inserting ‘‘, including— 

20 ‘‘(i) the average length of time from 

21 apprehension to the child’s master cal22 endar hearing, organized by the fiscal year 

23 in which the children were apprehended by 

24 U.S. Customs and Border Protection; 


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1 ‘‘(ii) the number of children identified 

2 under clause (i) who did and did not ap3 pear at master calendar hearings, includ4 ing the percentage of children in each cat5 egory who were represented by counsel; 

6 ‘‘(iii) the average length of time from 

7 apprehension to the child’s merits hearing, 

8 organized by the fiscal year in which the 

9 children were apprehended by U.S. Cus10 toms and Border Protection; 

11 ‘‘(iv) the number of children identified 

12 under clause (i) who did and did not ap13 pear at merits hearings, including the per14 centage of children in each category who 

15 are represented by counsel; and 

16 ‘‘(v) the total number of well-being 

17 follow-up calls conducted under section 

18 235 of the William Wilberforce Trafficking 

19 Victims Protection Reauthorization Act of 

20 2008 (8 U.S.C. 1232(c)(3)(E)) at each 

21 time interval following placement with a 

22 custodian or other entity, and the number 

23 of children that the Secretary of Health 

24 and Human Services is unable to contact 

25 at each interval, organized by the fiscal 


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1 year in which the children were appre2 hended by U.S. Customs and Border Pro3 tection; and’’. 

4 SEC. 9112. FRAUD IN CONNECTION WITH THE TRANSFER OF 

5 CUSTODY OF UNACCOMPANIED ALIEN CHIL6 DREN. 

7 (a) IN GENERAL.—Chapter 47 of title 18, United 

8 States Code, is amended by adding at the end the fol9 lowing: 

10 ‘‘§ 1041. Fraud in connection with the transfer of cus11 tody of unaccompanied alien children 

12 ‘‘(a) IN GENERAL.—It shall be unlawful for a person 

13 to obtain custody of an unaccompanied alien child (as de14 fined in section 462(g) of the Homeland Security Act of 

15 2002 (6 U.S.C. 279(g)))— 

16 ‘‘(1) by making any materially false, fictitious, 

17 or fraudulent statement or representation; or 

18 ‘‘(2) by making or using any false writing or 

19 document with the knowledge that such writing or 

20 document contains any materially false, fictitious, or 

21 fraudulent statement or entry. 

22 ‘‘(b) PENALTIES.— 

23 ‘‘(1) IN GENERAL.—Any person who violates, or 

24 attempts or conspires to violate, subsection (a) shall 


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1 be fined under this title and imprisoned for not less 

2 than 1 year. 

3 ‘‘(2) ENHANCED PENALTY FOR TRAF4 FICKING.—If the primary purpose of a violation, at5 tempted violation, or conspiracy to violate this sec6 tion was to subject the child to sexually explicit ac7 tivity or any other form of exploitation, the offender 

8 shall be fined under this title and imprisoned for not 

9 less than 15 years.’’. 

10 (b) CLERICAL AMENDMENT.—The chapter analysis 

11 for chapter 47 of title 18, United States Code, is amended 

12 by adding at the end the following: 

‘‘1041. Fraud in connection with the transfer of custody of unaccompanied alien 

children.’’. 

13 SEC. 9113. HIRING AUTHORITY. 

14 (a) U.S. IMMIGRATION AND CUSTOMS ENFORCE15 MENT.— 

16 (1) IN GENERAL.—The Director of U.S. Immi17 gration and Customs Enforcement shall hire, train, 

18 and assign— 

19 (A) not fewer than 300 Enforcement and 

20 Removal Operations support personnel to ad21 dress case management responsibilities relating 

22 to aliens apprehended along the southwest bor23 der, and the operation of regional processing 


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1 centers established under section 437(a) of the 

2 Homeland Security Act of 2002; 

3 (B) not fewer than 128 attorneys in the 

4 Office of the Principal Legal Advisor; and 

5 (C) not fewer than 41 support staff within 

6 the Office of the Principal Legal Advisor to as7 sist immigration judges within the Executive 

8 Office for Immigration Review with removal, 

9 asylum, and custody determination proceedings. 

10 (2) GAO REVIEW AND REPORT RELATING TO

11 STAFFING NEEDS.— 

12 (A) REVIEW.—The Comptroller General of 

13 the United States shall conduct a review of— 

14 (i) U.S. Immigration and Customs 

15 Enforcement activities and staffing needs 

16 related to irregular migration influx events 

17 along the southwest border during fiscal 

18 years 2014, 2019, and 2021, including— 

19 (I) the total number of aliens 

20 placed in removal proceedings in con21 nection with such irregular migration 

22 influx events; 

23 (II) the number of hours dedi24 cated to responding to irregular mi25 gration influx events by Enforcement 


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1 and Removal Operations officers, En2 forcement and Removal Operations 

3 support personnel, attorneys within 

4 the Office of the Principal Legal Advi5 sor, and support staff within the Of6 fice of the Principal Legal Advisor; 

7 and 

8 (III) the impact that response to 

9 such irregular migration influx events 

10 had on the ability of U.S. Immigra11 tion and Customs Enforcement to 

12 carry out other aspects of its mission, 

13 including the regular transport of mi14 grants from U.S. Customs and Border 

15 Protection facilities to U.S. Immigra16 tion and Customs Enforcement facili17 ties; and 

18 (ii) staffing levels within the Office of 

19 the Principal Legal Advisor, U.S. Immi20 gration and Customs Enforcement, includ21 ing the impact such staffing levels have on 

22 docketing of cases within the Executive Of23 fice for Immigration Review. 

24 (B) REPORT.—Not later than 1 year after 

25 the date of the enactment of this Act, the 


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1 Comptroller General shall submit to the appro2 priate committees of Congress a report that de3 scribes the results of the review conducted 

4 under subparagraph (A). 

5 (b) EXECUTIVE OFFICE FOR IMMIGRATION RE6 VIEW.—The Director of the Executive Office for Immigra7 tion Review shall hire, train, and assign not fewer than 

8 150 new Immigration Judge teams, including staff attor9 neys and all applicable support staff for such Immigration 

10 Judge teams. 

11 (c) U.S. CITIZENSHIP AND IMMIGRATION SERV12 ICES.—The Director of U.S. Citizenship and Immigration 

13 Services shall hire, train, and assign not fewer than 300 

14 asylum officers. 


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1 TITLE X—RULE OF LAW, SECU2 RITY, AND ECONOMIC DEVEL3 OPMENT IN CENTRAL AMER4 ICA 

5 Subtitle A—Promoting the Rule of 

6 Law, Security, and Economic 

7 Development in Central Amer8 ica 

9 SEC. 10101. UNITED STATES STRATEGY FOR ENGAGEMENT 

10 IN CENTRAL AMERICA. 

11 (a) IN GENERAL.—The Secretary of State shall im12 plement a 4-year strategy, to be known as the ‘‘United 

13 States Strategy for Engagement in Central America’’ (re14 ferred to in this subtitle as the ‘‘Strategy’’)— 

15 (1) to advance reforms in Central America; and 

16 (2) to address the key factors contributing to 

17 the flight of families, unaccompanied noncitizen chil18 dren, and other individuals from Central America to 

19 the United States. 

20 (b) ELEMENTS.—The Strategy shall include efforts— 

21 (1) to strengthen democratic governance, ac22 countability, transparency, and the rule of law; 

23 (2) to combat corruption and impunity; 

24 (3) to improve access to justice; 


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1 (4) to bolster the effectiveness and independ2 ence of judicial systems and public prosecutors’ of3 fices; 

4 (5) to improve the effectiveness of civilian police 

5 forces; 

6 (6) to confront and counter the violence, extor7 tion, and other crimes perpetrated by armed crimi8 nal gangs, illicit trafficking organizations, and orga9 nized crime, while disrupting recruitment efforts by 

10 such organizations; 

11 (7) to disrupt money laundering and other illicit 

12 financial operations of criminal networks, armed 

13 gangs, illicit trafficking organizations, and human 

14 smuggling networks; 

15 (8) to promote greater respect for internation16 ally recognized human rights, labor rights, funda17 mental freedoms, and the media; 

18 (9) to enhance accountability for government 

19 officials, including police and security force per20 sonnel, who are credibly alleged to have committed 

21 serious violations of human rights or other crimes; 

22 (10) to enhance the capability of governments 

23 in Central America to protect and provide for vul24 nerable and at-risk populations; 


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1 (11) to address the underlying causes of pov2 erty and inequality and the constraints to inclusive 

3 economic growth in Central America; and 

4 (12) to prevent and respond to endemic levels 

5 of sexual, gender-based, and domestic violence. 

6 (c) COORDINATION AND CONSULTATION.—In imple7 menting the Strategy, the Secretary of State shall— 

8 (1) coordinate with the Secretary of the Treas9 ury, the Secretary of Defense, the Secretary, the At10 torney General, the Administrator of the United 

11 States Agency for International Development, and 

12 the Chief Executive Officer of the United States De13 velopment Finance Corporation; and 

14 (2) consult with the Director of National Intel15 ligence, national and local civil society organizations 

16 in Central America and the United States, and the 

17 governments of Central America. 

18 (d) SUPPORT FOR CENTRAL AMERICAN EFFORTS.— 

19 To the degree feasible, the Strategy shall support or com20 plement efforts being carried out by the Governments of 

21 El Salvador, of Guatemala, and of Honduras, in coordina22 tion with bilateral and multilateral donors and partners, 

23 including the Inter-American Development Bank. 


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1 SEC. 10102. SECURING SUPPORT OF INTERNATIONAL DO2 NORS AND PARTNERS. 

3 (a) PLAN.—The Secretary of State shall implement 

4 a 4-year plan— 

5 (1) to secure support from international donors 

6 and regional partners to enhance the implementation 

7 of the Strategy; 

8 (2) to identify governments that are willing to 

9 provide financial and technical assistance for the im10 plementation of the Strategy and the specific assist11 ance that will be provided; and 

12 (3) to identify and describe the financial and 

13 technical assistance to be provided by multilateral 

14 institutions, including the Inter-American Develop15 ment Bank, the World Bank, the International Mon16 etary Fund, the Andean Development Corporation– 

17 Development Bank of Latin America, and the Orga18 nization of American States. 

19 (b) DIPLOMATIC ENGAGEMENT AND COORDINA20 TION.—The Secretary of State, in coordination with the 

21 Secretary of the Treasury, as appropriate, shall— 

22 (1) carry out diplomatic engagement to secure 

23 contributions of financial and technical assistance 

24 from international donors and partners in support of 

25 the Strategy; and 


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1 (2) take all necessary steps to ensure effective 

2 cooperation among international donors and part3 ners supporting the Strategy. 

4 SEC. 10103. COMBATING CORRUPTION, STRENGTHENING 

5 THE RULE OF LAW, AND CONSOLIDATING 

6 DEMOCRATIC GOVERNANCE. 

7 The Secretary of State and the Administrator of the 

8 United States Agency for International Development are 

9 authorized— 

10 (1) to combat corruption in Central America by 

11 supporting— 

12 (A) Inspectors General and oversight insti13 tutions, including— 

14 (i) support for multilateral support 

15 missions for key ministries, including min16 istries responsible for tax, customs, pro17 curement, and citizen security; and 

18 (ii) relevant training for inspectors 

19 and auditors; 

20 (B) multilateral support missions against 

21 corruption and impunity; 

22 (C) civil society organizations conducting 

23 oversight of executive and legislative branch of24 ficials and functions, police and security forces, 


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1 and judicial officials and public prosecutors; 

2 and 

3 (D) the enhancement of freedom of infor4 mation mechanisms; 

5 (2) to strengthen the rule of law in Central 

6 America by supporting— 

7 (A) Attorney General offices, public pros8 ecutors, and the judiciary, including enhancing 

9 investigative and forensics capabilities; 

10 (B) an independent, merit-based selection 

11 processes for judges and prosecutors, inde12 pendent internal controls, and relevant ethics 

13 and professional training, including training on 

14 sexual, gender-based, and domestic violence; 

15 (C) improved victim, witness, and whistle16 blower protection and access to justice; and 

17 (D) reforms to and the improvement of 

18 prison facilities and management; 

19 (3) to consolidate democratic governance in 

20 Central America by supporting— 

21 (A) reforms of civil services, related train22 ing programs, and relevant laws and processes 

23 that lead to independent, merit-based selection 

24 processes; 


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1 (B) national legislatures and their capacity 

2 to conduct oversight of executive branch func3 tions; 

4 (C) reforms to, and strengthening of, polit5 ical party and campaign finance laws and elec6 toral tribunals; and 

7 (D) local governments and their capacity 

8 to provide critical safety, education, health, and 

9 sanitation services to citizens; and 

10 (4) to defend human rights by supporting— 

11 (A) human rights ombudsman offices; 

12 (B) government protection programs that 

13 provide physical protection and security to 

14 human rights defenders, journalists, trade 

15 unionists, whistleblowers, and civil society activ16 ists who are at risk; 

17 (C) civil society organizations that promote 

18 and defend human rights; and 

19 (D) civil society organizations that address 

20 sexual, gender-based, and domestic violence, 

21 and that protect victims of such violence. 


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1 SEC. 10104. COMBATING CRIMINAL VIOLENCE AND IMPROV2 ING CITIZEN SECURITY. 

3 The Secretary of State and the Administrator of the 

4 United States Agency for International Development are 

5 authorized— 

6 (1) to counter the violence and crime per7 petrated by armed criminal gangs, illicit trafficking 

8 organizations, and human smuggling networks in 

9 Central America by providing assistance to civilian 

10 law enforcement, including support for— 

11 (A) the execution and management of com12 plex, multi-actor criminal cases; 

13 (B) the enhancement of intelligence collec14 tion capacity, and training on civilian intel15 ligence collection (including safeguards for pri16 vacy and basic civil liberties), investigative tech17 niques, forensic analysis, and evidence preserva18 tion; 

19 (C) community policing policies and pro20 grams; 

21 (D) the enhancement of capacity to iden22 tify, investigate, and prosecute crimes involving 

23 sexual, gender-based, and domestic violence; 

24 and 

25 (E) port, airport, and border security offi26 cials, agencies and systems, including— 


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1 (i) the professionalization of immigra2 tion personnel; 

3 (ii) improvements to computer infra4 structure and data management systems, 

5 secure communications technologies, non6 intrusive inspection equipment, and radar 

7 and aerial surveillance equipment; and 

8 (iii) assistance to canine units; 

9 (2) to disrupt illicit financial networks in Cen10 tral America, including by supporting— 

11 (A) finance ministries, including the impo12 sition of financial sanctions to block the assets 

13 of individuals and organizations involved in 

14 money laundering or the financing of armed 

15 criminal gangs, illicit trafficking networks, 

16 human smuggling networks, or organized crime; 

17 (B) financial intelligence units, including 

18 the establishment and enhancement of anti19 money laundering programs; and 

20 (C) the reform of bank secrecy laws; 

21 (3) to assist in the professionalization of civilian 

22 police forces in Central America by supporting— 

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1 cluding the enhancement of polygraph capa2 bility for use in such processes; 

3 (B) Inspectors General and oversight of4 fices, including relevant training for inspectors 

5 and auditors, and independent oversight mecha6 nisms, as appropriate; and 

7 (C) training and the development of proto8 cols regarding the appropriate use of force and 

9 human rights; and 

10 (4) to improve crime prevention and to reduce 

11 violence, extortion, child recruitment into gangs, and 

12 sexual slavery by supporting— 

13 (A) the improvement of child protection 

14 systems; 

15 (B) the enhancement of programs for at16 risk youth, including the improvement of com17 munity centers and programs aimed at success18 fully reinserting former gang members; 

19 (C) livelihood programming that provides 

20 youth and other at-risk individuals with legal 

21 and sustainable alternatives to gang member22 ship; 

23 (D) safe shelter and humanitarian re24 sponses for victims of crime and internal dis25 placement; and 


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1 (E) programs to receive and effectively re2 integrate repatriated migrants in El Salvador, 

3 Guatemala, and Honduras. 

4 SEC. 10105. COMBATING SEXUAL, GENDER-BASED, AND DO5 MESTIC VIOLENCE. 

6 The Secretary of State and the Administrator of the 

7 United States Agency for International Development are 

8 authorized to counter sexual, gender-based, and domestic 

9 violence in Central American countries by— 

10 (1) broadening engagement among national and 

11 local institutions to address sexual, gender-based, 

12 and domestic violence; 

13 (2) supporting educational initiatives to reduce 

14 sexual, gender-based, and domestic violence; 

15 (3) supporting outreach efforts tailored to meet 

16 the needs of women, girls, and other vulnerable indi17 viduals at risk of violence and exploitation; 

18 (4) formalizing standards of care and confiden19 tiality at police, health facilities, and other govern20 ment facilities; and 

21 (5) establishing accountability mechanisms for 

22 perpetrators of violence. 


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1 Subtitle B—Information Campaign 

2 on the Dangers of Irregular Mi3 gration 

4 SEC. 10201. INFORMATION CAMPAIGN ON DANGERS OF IR5 REGULAR MIGRATION. 

6 (a) IN GENERAL.—The Secretary of State, in coordi7 nation with the Secretary, shall design and implement 

8 public information campaigns in El Salvador, Guatemala, 

9 Honduras, and other appropriate Central American coun10 tries— 

11 (1) to disseminate information about the poten12 tial dangers of travel to the United States; 

13 (2) to provide accurate information about 

14 United States immigration law and policy; and 

15 (3) to provide accurate information about the 

16 availability of asylum, other humanitarian protec17 tions in countries in the Western Hemisphere, and 

18 other legal means for migration. 

19 (b) ELEMENTS.—The information campaigns imple20 mented pursuant to subsection (a), to the greatest extent 

21 possible— 

22 (1) shall be targeted at regions with high levels 

23 of outbound migration or significant populations of 

24 internally displaced persons; 


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1 (2) shall include examples of valid and invalid 

2 asylum claims; 

3 (3) shall be conducted in local languages; 

4 (4) shall employ a variety of communications 

5 media, including social media; and 

6 (5) shall be developed in coordination with pro7 gram officials at the Department of Homeland Secu8 rity, the Department of State, and other govern9 ment, nonprofit, or academic entities in close contact 

10 with migrant populations from El Salvador, Guate11 mala, and Honduras, including repatriated migrants. 

12 Subtitle C—Cracking Down on 

13 Criminal Organizations 

14 SEC. 10301. ENHANCED INVESTIGATION AND PROSECUTION 

15 OF HUMAN SMUGGLING NETWORKS AND 

16 TRAFFICKING ORGANIZATIONS. 

17 The Attorney General and the Secretary shall expand 

18 collaboration on the investigation and prosecution of 

19 human smuggling networks and trafficking organizations 

20 targeting migrants, asylum seekers, and unaccompanied 

21 children and operating at the southwestern border of the 

22 United States, including the continuation and expansion 

23 of anti-trafficking coordination teams. 


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1 SEC. 10302. ENHANCED PENALTIES FOR ORGANIZED SMUG2 GLING SCHEMES. 

3 (a) IN GENERAL.—Section 274(a)(1)(B) of the Im4 migration and Nationality Act (8 U.S.C. 1324(a)(1)(B)) 

5 is amended— 

6 (1) by redesignating clauses (iii) and (iv) as 

7 clauses (iv) and (v), respectively; 

8 (2) by inserting after clause (ii) the following: 

9 ‘‘(iii) in the case of a violation of subparagraph 

10 (A)(i) during and in relation to which the person, 

11 while acting for profit or other financial gain, know12 ingly directs or participates in a scheme to cause 

13 any person (other than a parent, spouse, sibling, son 

14 or daughter, grandparent, or grandchild of the of15 fender) to enter or to attempt to enter the United 

16 States at the same time at a place other than a des17 ignated port of entry or place other than designated 

18 by the Secretary, be fined under title 18, United 

19 States Code, imprisoned not more than 20 years, or 

20 both;’’; and 

21 (3) in clause (iv), as redesignated, by inserting 

22 ‘‘commits or attempts to commit sexual assault of,’’ 

23 after ‘‘section 1365 of title 18, United States Code) 

24 to,’’. 

25 (b) BULK CASH SMUGGLING.—Section 5332(b)(1) of 

26 title 31, United States Code, is amended— 


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1 (1) in the paragraph heading, by striking 

2 ‘‘TERM OF IMPRISONMENT.—’’ and inserting ‘‘IN

3 GENERAL.—’’; and 

4 (2) by striking ‘‘5 years’’ and inserting ‘‘10 

5 years, fined under title 18, or both’’. 

6 SEC. 10303. EXPANDING FINANCIAL SANCTIONS ON NAR7 COTICS TRAFFICKING AND MONEY LAUN8 DERING. 

9 (a) FINANCIAL SANCTIONS EXPANSION.—The Sec10 retary of the Treasury, the Attorney General, the Sec11 retary of State, the Secretary of Defense, and the Director 

12 of Central Intelligence shall expand investigations, intel13 ligence collection, and analysis pursuant to the Foreign 

14 Narcotics Kingpin Designation Act (21 U.S.C. 1901 et 

15 seq.) to increase the identification and application of sanc16 tions against— 

17 (1) significant foreign narcotics traffickers and 

18 their organizations and networks; and 

19 (2) foreign persons, including government offi20 cials, who provide material, financial, or techno21 logical support to such traffickers, organizations, or 

22 networks. 

23 (b) SPECIFIC TARGETS.—The activities described in 

24 subsection (a) shall specifically target foreign narcotics 

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1 eign persons, including government officials, who provide 

2 material, financial, or technological support to such traf3 fickers, organizations, and networks that are present and 

4 operating in Central America. 

5 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated such sums as may be 

7 necessary to carry out subsection (a). 

8 SEC. 10304. SUPPORT FOR TRANSNATIONAL ANTI-GANG 

9 TASK FORCES FOR COUNTERING CRIMINAL 

10 GANGS. 

11 The Director of the Federal Bureau of Investigation, 

12 the Director of the Drug Enforcement Administration, the 

13 Director of Homeland Security Investigations, and the 

14 Secretary, in coordination with the Secretary of State, 

15 shall expand the use of transnational task forces that seek 

16 to address transnational crime perpetrated by gangs in El 

17 Salvador, Guatemala, Honduras, and any other identified 

18 country by— 

19 (1) expanding transnational criminal investiga20 tions focused on criminal gangs in identified coun21 tries, such as MS–13 and 18th Street; 

22 (2) expanding training and partnership efforts 

23 with law enforcement entities in identified countries 

24 to disrupt and dismantle criminal gangs, both inter25 nationally and in their respective countries; 


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1 (3) establishing or expanding gang-related in2 vestigative units; 

3 (4) collecting and disseminating intelligence to 

4 support related United States-based investigations; 

5 and 

6 (5) expanding programming related to gang 

7 intervention and prevention for at-risk youth. 

8 DIVISION B—AMERICAN DREAM 

9 AND PROMISE 

10 SEC. 1. SHORT TITLE. 

11 This division may be cited as the ‘‘American Dream 

12 and Promise Act’’. 

13 TITLE I—DREAM ACT 

14 SEC. 1101. SHORT TITLE. 

15 This title may be cited as the ‘‘Dream Act’’. 

16 SEC. 1102. PERMANENT RESIDENT STATUS ON A CONDI17 TIONAL BASIS FOR CERTAIN LONG-TERM 

18 RESIDENTS WHO ENTERED THE UNITED 

19 STATES AS CHILDREN. 

20 (a) CONDITIONAL BASIS FOR STATUS.—Notwith21 standing any other provision of law, and except as pro22 vided in section 1104(c)(2), an alien shall be considered, 

23 at the time of obtaining the status of an alien lawfully 

24 admitted for permanent residence under this section, to 


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1 have obtained such status on a conditional basis subject 

2 to the provisions of this title. 

3 (b) REQUIREMENTS.— 

4 (1) IN GENERAL.—Notwithstanding any other 

5 provision of law, the Secretary or the Attorney Gen6 eral shall adjust to the status of an alien lawfully 

7 admitted for permanent residence on a conditional 

8 basis, or without the conditional basis as provided in 

9 section 1104(c)(2), an alien who is inadmissible or 

10 deportable from the United States, is subject to a 

11 grant of Deferred Enforced Departure, has tem12 porary protected status under section 244 of the Im13 migration and Nationality Act (8 U.S.C. 1254a), or 

14 is the son or daughter of an alien admitted as a non15 immigrant under subparagraph (E)(i), (E)(ii), 

16 (H)(i)(b), or (L) of section 101(a)(15) of such Act 

17 (8 U.S.C. 1101(a)(15)) if— 

18 (A) the alien has been continuously phys19 ically present in the United States since July 4, 

20 2017; 

21 (B) the alien was younger than 18 years of 

22 age on the date on which the alien entered the 

23 United States and has continuously resided in 

24 the United States since such entry; 

25 (C) the alien— 


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1 (i) subject to paragraph (2), is not in2 admissible under paragraph (1), (6)(E), 

3 (6)(G), (8), or (10) of section 212(a) of 

4 the Immigration and Nationality Act (8 

5 U.S.C. 1182(a)); 

6 (ii) has not ordered, incited, assisted, 

7 or otherwise participated in the persecution 

8 of any person on account of race, religion, 

9 nationality, membership in a particular so10 cial group, or political opinion; and 

11 (iii) is not barred from adjustment of 

12 status under this title based on the crimi13 nal and national security grounds de14 scribed under subsection (c), subject to the 

15 provisions of such subsection; and 

16 (D) the alien— 

17 (i) has been admitted to an institution 

18 of higher education; 

19 (ii) has been admitted to an area ca20 reer and technical education school at the 

21 postsecondary level; 

22 (iii) in the United States, has ob23 tained— 


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1 (I) a high school diploma or a 

2 commensurate alternative award from 

3 a public or private high school; 

4 (II) a General Education Devel5 opment credential, a high school 

6 equivalency diploma recognized under 

7 State law, or another similar State8 authorized credential; 

9 (III) a credential or certificate 

10 from an area career and technical 

11 education school at the secondary 

12 level; or 

13 (IV) a recognized postsecondary 

14 credential; or 

15 (iv) is enrolled in secondary school or 

16 in an education program assisting students 

17 in— 

18 (I) obtaining a high school di19 ploma or its recognized equivalent 

20 under State law; 

21 (II) passing the General Edu22 cation Development test, a high school 

23 equivalence diploma examination, or 

24 other similar State-authorized exam; 


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1 (III) obtaining a certificate or 

2 credential from an area career and 

3 technical education school providing 

4 education at the secondary level; or 

5 (IV) obtaining a recognized post6 secondary credential. 

7 (2) WAIVER OF GROUNDS OF INADMIS8 SIBILITY.—With respect to any benefit under this 

9 title, and in addition to the waivers under subsection 

10 (c)(2), the Secretary may waive the grounds of inad11 missibility under paragraph (1), (6)(E), (6)(G), or 

12 (10)(D) of section 212(a) of the Immigration and 

13 Nationality Act (8 U.S.C. 1182(a)) for humanitarian 

14 purposes, for family unity, or because the waiver is 

15 otherwise in the public interest. 

16 (3) APPLICATION FEE.— 

17 (A) IN GENERAL.—The Secretary may, 

18 subject to an exemption under section 3103(c), 

19 require an alien applying under this section to 

20 pay a reasonable fee that is commensurate with 

21 the cost of processing the application but does 

22 not exceed $495.00. 

23 (B) SPECIAL PROCEDURES FOR APPLI24 CANTS WITH DACA.—The Secretary shall estab25 lish a streamlined procedure for aliens who have 


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1 been granted DACA and who meet the require2 ments for renewal (under the terms of the pro3 gram in effect on January 1, 2017) to apply for 

4 adjustment of status to that of an alien lawfully 

5 admitted for permanent residence on a condi6 tional basis under this section, or without the 

7 conditional basis as provided in section 

8 1104(c)(2). Such procedure shall not include a 

9 requirement that the applicant pay a fee, except 

10 that the Secretary may require an applicant 

11 who meets the requirements for lawful perma12 nent residence without the conditional basis 

13 under section 1104(c)(2) to pay a fee that is 

14 commensurate with the cost of processing the 

15 application, subject to the exemption under sec16 tion 3103(c). 

17 (4) BACKGROUND CHECKS.—The Secretary 

18 may not grant an alien permanent resident status on 

19 a conditional basis under this section until the re20 quirements of section 3102 are satisfied. 

21 (5) MILITARY SELECTIVE SERVICE.—An alien 

22 applying for permanent resident status on a condi23 tional basis under this section, or without the condi24 tional basis as provided in section 1104(c)(2), shall 

25 establish that the alien has registered under the 


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1 Military Selective Service Act (50 U.S.C. 3801 et 

2 seq.), if the alien is subject to registration under 

3 such Act. 

4 (c) CRIMINAL AND NATIONAL SECURITY BARS.— 

5 (1) GROUNDS OF INELIGIBILITY.—Except as 

6 provided in paragraph (2), an alien is ineligible for 

7 adjustment of status under this title (whether on a 

8 conditional basis or without the conditional basis as 

9 provided in section 1104(c)(2)) if any of the fol10 lowing apply: 

11 (A) The alien is inadmissible under para12 graph (2) or (3) of section 212(a) of the Immi13 gration and Nationality Act (8 U.S.C. 1182(a)). 

14 (B) Excluding any offense under State law 

15 for which an essential element is the alien’s im16 migration status, and any minor traffic offense, 

17 the alien has been convicted of— 

18 (i) any felony offense; 

19 (ii) two or more misdemeanor offenses 

20 (excluding simple possession of cannabis or 

21 cannabis-related paraphernalia, any offense 

22 involving cannabis or cannabis-related par23 aphernalia which is no longer prosecutable 

24 in the State in which the conviction was 

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1 obedience without violence) not occurring 

2 on the same date, and not arising out of 

3 the same act, omission, or scheme of mis4 conduct; or 

5 (iii) a misdemeanor offense of domes6 tic violence, unless the alien demonstrates 

7 that such crime is related to the alien hav8 ing been— 

9 (I) a victim of domestic violence, 

10 sexual assault, stalking, child abuse or 

11 neglect, abuse or neglect in later life, 

12 or human trafficking; 

13 (II) battered or subjected to ex14 treme cruelty; or 

15 (III) a victim of criminal activity 

16 described in section 101(a)(15)(U)(iii) 

17 of the Immigration and Nationality 

18 Act (8 U.S.C. 1101(a)(15)(U)(iii)). 

19 (2) WAIVERS FOR CERTAIN MISDEMEANORS.— 

20 For humanitarian purposes, family unity, or if oth21 erwise in the public interest, the Secretary may— 

22 (A) waive the grounds of inadmissibility 

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1 viction forming the basis for inadmissibility 

2 would otherwise render the alien ineligible 

3 under paragraph (1)(B) (subject to subpara4 graph (B)); and 

5 (B) for purposes of clauses (ii) and (iii) of 

6 paragraph (1)(B), waive consideration of— 

7 (i) one misdemeanor offense if the 

8 alien has not been convicted of any offense 

9 in the 5-year period preceding the date on 

10 which the alien applies for adjustment of 

11 status under this title; or 

12 (ii) up to two misdemeanor offenses if 

13 the alien has not been convicted of any of14 fense in the 10-year period preceding the 

15 date on which the alien applies for adjust16 ment of status under this title. 

17 (3) AUTHORITY TO CONDUCT SECONDARY RE18 VIEW.— 

19 (A) IN GENERAL.—Notwithstanding an 

20 alien’s eligibility for adjustment of status under 

21 this title, and subject to the procedures de22 scribed in this paragraph, the Secretary may, 

23 as a matter of non-delegable discretion, provi24 sionally deny an application for adjustment of 

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1 out the conditional basis as provided in section 

2 1104(c)(2)) if the Secretary, based on clear and 

3 convincing evidence, which shall include credible 

4 law enforcement information, determines that 

5 the alien is described in subparagraph (B) or 

6 (D). 

7 (B) PUBLIC SAFETY.—An alien is de8 scribed in this subparagraph if— 

9 (i) excluding simple possession of can10 nabis or cannabis-related paraphernalia, 

11 any offense involving cannabis or cannabis12 related paraphernalia which is no longer 

13 prosecutable in the State in which the con14 viction was entered, any offense under 

15 State law for which an essential element is 

16 the alien’s immigration status, any offense 

17 involving civil disobedience without vio18 lence, and any minor traffic offense, the 

19 alien— 

20 (I) has been convicted of a mis21 demeanor offense punishable by a 

22 term of imprisonment of more than 

23 30 days; or 

24 (II) has been adjudicated delin25 quent in a State or local juvenile court 


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1 proceeding that resulted in a disposi2 tion ordering placement in a secure 

3 facility; and 

4 (ii) the alien poses a significant and 

5 continuing threat to public safety related 

6 to such conviction or adjudication. 

7 (C) PUBLIC SAFETY DETERMINATION.— 

8 For purposes of subparagraph (B)(ii), the Sec9 retary shall consider the recency of the convic10 tion or adjudication; the length of any imposed 

11 sentence or placement; the nature and serious12 ness of the conviction or adjudication, including 

13 whether the elements of the offense include the 

14 unlawful possession or use of a deadly weapon 

15 to commit an offense or other conduct intended 

16 to cause serious bodily injury; and any miti17 gating factors pertaining to the alien’s role in 

18 the commission of the offense. 

19 (D) GANG PARTICIPATION.—An alien is 

20 described in this subparagraph if the alien has, 

21 within the 5 years immediately preceding the 

22 date of the application, knowingly, willfully, and 

23 voluntarily participated in offenses committed 

24 by a criminal street gang (as described in sub25 sections (a) and (c) of section 521 of title 18, 


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1 United States Code) with the intent to promote 

2 or further the commission of such offenses. 

3 (E) EVIDENTIARY LIMITATION.—For pur4 poses of subparagraph (D), allegations of gang 

5 membership obtained from a State or Federal 

6 in-house or local database, or a network of 

7 databases used for the purpose of recording and 

8 sharing activities of alleged gang members 

9 across law enforcement agencies, shall not es10 tablish the participation described in such para11 graph. 

12 (F) NOTICE.— 

13 (i) IN GENERAL.—Prior to rendering 

14 a discretionary decision under this para15 graph, the Secretary shall provide written 

16 notice of the intent to provisionally deny 

17 the application to the alien (or the alien’s 

18 counsel of record, if any) by certified mail 

19 and, if an electronic mail address is pro20 vided, by electronic mail (or other form of 

21 electronic communication). Such notice 

22 shall— 

23 (I) articulate with specificity all 

24 grounds for the preliminary deter25 mination, including the evidence relied 


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1 upon to support the determination; 

2 and 

3 (II) provide the alien with not 

4 less than 90 days to respond. 

5 (ii) SECOND NOTICE.—Not more than 

6 30 days after the issuance of the notice 

7 under clause (i), the Secretary shall pro8 vide a second written notice that meets the 

9 requirements of such clause. 

10 (iii) NOTICE NOT RECEIVED.—Not11 withstanding any other provision of law, if 

12 an applicant provides good cause for not 

13 contesting a provisional denial under this 

14 paragraph, including a failure to receive 

15 notice as required under this subpara16 graph, the Secretary shall, upon a motion 

17 filed by the alien, reopen an application for 

18 adjustment of status under this title and 

19 allow the applicant an opportunity to re20 spond, consistent with clause (i)(II). 

21 (G) JUDICIAL REVIEW OF A PROVISIONAL

22 DENIAL.— 

23 (i) IN GENERAL.—Notwithstanding 

24 any other provision of law, if, after notice 

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1 paragraph (F), the Secretary provisionally 

2 denies an application for adjustment of 

3 status under this Act, the alien shall have 

4 60 days from the date of the Secretary’s 

5 determination to seek review of such deter6 mination in an appropriate United States 

7 district court. 

8 (ii) SCOPE OF REVIEW AND DECI9 SION.—Notwithstanding any other provi10 sion of law, review under paragraph (1) 

11 shall be de novo and based solely on the 

12 administrative record, except that the ap13 plicant shall be given the opportunity to 

14 supplement the administrative record and 

15 the Secretary shall be given the oppor16 tunity to rebut the evidence and arguments 

17 raised in such submission. Upon issuing its 

18 decision, the court shall remand the mat19 ter, with appropriate instructions, to the 

20 Department of Homeland Security to 

21 render a final decision on the application. 

22 (iii) APPOINTED COUNSEL.—Notwith23 standing any other provision of law, an ap24 plicant seeking judicial review under clause 

25 (i) shall be represented by counsel. Upon 


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1 the request of the applicant, counsel shall 

2 be appointed for the applicant, in accord3 ance with procedures to be established by 

4 the Attorney General within 90 days of the 

5 date of the enactment of this Act, and 

6 shall be funded in accordance with fees col7 lected and deposited in the Immigration 

8 Counsel Account under section 3112. 

9 (4) DEFINITIONS.—For purposes of this sub10 section— 

11 (A) the term ‘‘felony offense’’ means an of12 fense under Federal or State law that is pun13 ishable by a maximum term of imprisonment of 

14 more than 1 year; 

15 (B) the term ‘‘misdemeanor offense’’ 

16 means an offense under Federal or State law 

17 that is punishable by a term of imprisonment of 

18 more than 5 days but not more than 1 year; 

19 and 

20 (C) the term ‘‘crime of domestic violence’’ 

21 means any offense that has as an element the 

22 use, attempted use, or threatened use of phys23 ical force against a person committed by a cur24 rent or former spouse of the person, by an indi25 vidual with whom the person shares a child in 


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1 common, by an individual who is cohabiting 

2 with or has cohabited with the person as a 

3 spouse, by an individual similarly situated to a 

4 spouse of the person under the domestic or 

5 family violence laws of the jurisdiction where 

6 the offense occurs, or by any other individual 

7 against a person who is protected from that in8 dividual’s acts under the domestic or family vio9 lence laws of the United States or any State, 

10 Indian Tribal government, or unit of local gov11 ernment. 

12 (d) LIMITATION ON REMOVAL OF CERTAIN ALIEN

13 MINORS.—An alien who is 18 years of age or younger and 

14 meets the requirements under subparagraphs (A), (B), 

15 and (C) of subsection (b)(1) shall be provided a reasonable 

16 opportunity to meet the educational requirements under 

17 subparagraph (D) of such subsection. The Attorney Gen18 eral or the Secretary may not commence or continue with 

19 removal proceedings against such an alien. 

20 (e) WITHDRAWAL OF APPLICATION.—The Secretary 

21 shall, upon receipt of a request to withdraw an application 

22 for adjustment of status under this section, cease proc23 essing of the application, and close the case. Withdrawal 

24 of the application under this subsection shall not prejudice 

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1 gration benefit under this title or under the Immigration 

2 and Nationality Act (8 U.S.C. 1101 et seq.). 

3 SEC. 1103. TERMS OF PERMANENT RESIDENT STATUS ON A 

4 CONDITIONAL BASIS. 

5 (a) PERIOD OF STATUS.—Permanent resident status 

6 on a conditional basis is— 

7 (1) valid for a period of 10 years, unless such 

8 period is extended by the Secretary; and 

9 (2) subject to revocation under subsection (c). 

10 (b) NOTICE OF REQUIREMENTS.—At the time an 

11 alien obtains permanent resident status on a conditional 

12 basis, the Secretary shall provide notice to the alien re13 garding the provisions of this title and the requirements 

14 to have the conditional basis of such status removed. 

15 (c) REVOCATION OF STATUS.—The Secretary may 

16 revoke the permanent resident status on a conditional 

17 basis of an alien only if the Secretary— 

18 (1) determines that the alien ceases to meet the 

19 requirements under section 1102(b)(1)(C); and 

20 (2) prior to the revocation, provides the alien— 

21 (A) notice of the proposed revocation; and 

22 (B) the opportunity for a hearing to pro23 vide evidence that the alien meets such require24 ments or otherwise to contest the proposed rev25 ocation. 


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1 (d) RETURN TO PREVIOUS IMMIGRATION STATUS.— 

2 An alien whose permanent resident status on a conditional 

3 basis expires under subsection (a)(1) or is revoked under 

4 subsection (c), shall return to the immigration status that 

5 the alien had immediately before receiving permanent resi6 dent status on a conditional basis. 

7 SEC. 1104. REMOVAL OF CONDITIONAL BASIS OF PERMA8 NENT RESIDENT STATUS. 

9 (a) ELIGIBILITY FOR REMOVAL OF CONDITIONAL

10 BASIS.— 

11 (1) IN GENERAL.—Subject to paragraph (2), 

12 the Secretary shall remove the conditional basis of 

13 an alien’s permanent resident status granted under 

14 this title and grant the alien status as an alien law15 fully admitted for permanent residence if the alien— 

16 (A) is described in section 1102(b)(1)(C); 

17 (B) has not abandoned the alien’s resi18 dence in the United States during the period in 

19 which the alien has permanent resident status 

20 on a conditional basis; and 

21 (C)(i) has obtained a degree from an insti22 tution of higher education or a recognized post23 secondary credential from an area career and 

24 technical education school providing education 

25 at the postsecondary level; 


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1 (ii) has served in the Uniformed Services 

2 for at least 3 years and, if discharged, received 

3 an honorable discharge; or 

4 (iii) demonstrates earned income for peri5 ods totaling at least 4 years and at least 75 

6 percent of the time that the alien has had a 

7 valid employment authorization. 

8 (2) HARDSHIP EXCEPTION.—The Secretary 

9 shall remove the conditional basis of an alien’s per10 manent resident status and grant the alien status as 

11 an alien lawfully admitted for permanent residence 

12 if the alien— 

13 (A) satisfies the requirements under sub14 paragraphs (A) and (B) of paragraph (1); 

15 (B) demonstrates compelling circumstances 

16 for the inability to satisfy the requirements 

17 under subparagraph (C) of such paragraph; and 

18 (C) demonstrates that— 

19 (i) the alien has a disability; 

20 (ii) the alien is a full-time caregiver; 

21 or 

22 (iii) the removal of the alien from the 

23 United States would result in hardship to 

24 the alien or the alien’s spouse, parent, or 

25 child who is a national of the United 


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1 States or is lawfully admitted for perma2 nent residence. 

3 (3) CITIZENSHIP REQUIREMENT.— 

4 (A) IN GENERAL.—Except as provided in 

5 subparagraph (B), the conditional basis of an 

6 alien’s permanent resident status granted under 

7 this title may not be removed unless the alien 

8 demonstrates that the alien satisfies the re9 quirements under section 3112(a) of the Immi10 gration and Nationality Act (8 U.S.C. 1423(a)). 

11 (B) EXCEPTION.—Subparagraph (A) shall 

12 not apply to an alien who is unable to meet the 

13 requirements under such section 3112(a) due to 

14 disability. 

15 (4) APPLICATION FEE.—The Secretary may, 

16 subject to an exemption under section 3103(c), re17 quire aliens applying for removal of the conditional 

18 basis of an alien’s permanent resident status under 

19 this section to pay a reasonable fee that is commen20 surate with the cost of processing the application. 

21 (5) BACKGROUND CHECKS.—The Secretary 

22 may not remove the conditional basis of an alien’s 

23 permanent resident status until the requirements of 

24 section 3102 are satisfied. 


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1 (b) TREATMENT FOR PURPOSES OF NATURALIZA2 TION.— 

3 (1) IN GENERAL.—For purposes of title III of 

4 the Immigration and Nationality Act (8 U.S.C. 1401 

5 et seq.), an alien granted permanent resident status 

6 on a conditional basis shall be considered to have 

7 been admitted to the United States, and be present 

8 in the United States, as an alien lawfully admitted 

9 for permanent residence. 

10 (2) LIMITATION ON APPLICATION FOR NATU11 RALIZATION.—An alien may not apply for natu12 ralization while the alien is in permanent resident 

13 status on a conditional basis. 

14 (c) TIMING OF APPROVAL OF LAWFUL PERMANENT

15 RESIDENT STATUS.— 

16 (1) IN GENERAL.—An alien granted permanent 

17 resident status on a conditional basis under this title 

18 may apply to have such conditional basis removed at 

19 any time after such alien has met the eligibility re20 quirements set forth in subsection (a). 

21 (2) APPROVAL WITH REGARD TO INITIAL APPLI22 CATIONS.— 

23 (A) IN GENERAL.—Notwithstanding any 

24 other provision of law, the Secretary or the At25 torney General shall adjust to the status of an 


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1 alien lawfully admitted for permanent resident 

2 status without conditional basis, any alien 

3 who— 

4 (i) demonstrates eligibility for lawful 

5 permanent residence status on a condi6 tional basis under section 1102(b); and 

7 (ii) subject to the exceptions described 

8 in subsections (a)(2) and (a)(3)(B) of this 

9 section, already has fulfilled the require10 ments of paragraphs (1) and (3) of sub11 section (a) of this section at the time such 

12 alien first submits an application for bene13 fits under this title. 

14 (B) BACKGROUND CHECKS.—Subsection 

15 (a)(5) shall apply to an alien seeking lawful 

16 permanent resident status without conditional 

17 basis in an initial application in the same man18 ner as it applies to an alien seeking removal of 

19 the conditional basis of an alien’s permanent 

20 resident status. Section 1102(b)(4) shall not be 

21 construed to require the Secretary to conduct 

22 more than one identical security or law enforce23 ment background check on such an alien. 

24 (C) APPLICATION FEES.—In the case of an 

25 alien seeking lawful permanent resident status 


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1 without conditional basis in an initial applica2 tion, the alien shall pay the fee required under 

3 subsection (a)(4), subject to the exemption al4 lowed under section 3103(c), but shall not be 

5 required to pay the application fee under sec6 tion 1102(b)(3). 

7 SEC. 1105. RESTORATION OF STATE OPTION TO DETER8 MINE RESIDENCY FOR PURPOSES OF HIGHER 

9 EDUCATION BENEFITS. 

10 (a) IN GENERAL.—Section 505 of the Illegal Immi11 gration Reform and Immigrant Responsibility Act of 1996 

12 (8 U.S.C. 1623) is repealed. 

13 (b) EFFECTIVE DATE.—The repeal under subsection 

14 (a) shall take effect as if included in the original enact15 ment of the Illegal Immigration Reform and Immigrant 

16 Responsibility Act of 1996 (division C of Public Law 104– 

17 208; 110 Stat. 3009–546). 

18 TITLE II—AMERICAN PROMISE 

19 ACT 

20 SEC. 2101. SHORT TITLE. 

21 This title may be cited as the ‘‘American Promise 

22 Act’’. 


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1 SEC. 2102. ADJUSTMENT OF STATUS FOR CERTAIN NATION2 ALS OF CERTAIN COUNTRIES DESIGNATED 

3 FOR TEMPORARY PROTECTED STATUS OR 

4 DEFERRED ENFORCED DEPARTURE. 

5 (a) IN GENERAL.—Notwithstanding any other provi6 sion of law, the Secretary or the Attorney General shall 

7 adjust to the status of an alien lawfully admitted for per8 manent residence, an alien described in subsection (b) if 

9 the alien— 

10 (1) applies for such adjustment, including sub11 mitting any required documents under section 3107, 

12 not later than 5 years after the date of the enact13 ment of this Act; 

14 (2) has been continuously physically present in 

15 the United States for a period of not less than 5 

16 years; and 

17 (3) subject to subsection (c), is not inadmissible 

18 under paragraph (1), (2), (3), (6)(D), (6)(E), 

19 (6)(F), (6)(G), (8), or (10) of section 212(a) of the 

20 Immigration and Nationality Act (8 U.S.C. 

21 1182(a)). 

22 (b) ALIENS ELIGIBLE FOR ADJUSTMENT OF STA23 TUS.—An alien shall be eligible for adjustment of status 

24 under this section if the alien is an individual— 

25 (1) who— 


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1 (A) is a national of a foreign state (or part 

2 thereof) (or in the case of an alien having no 

3 nationality, is a person who last habitually re4 sided in such state) with a designation under 

5 subsection (b) of section 244 of the Immigra6 tion and Nationality Act (8 U.S.C. 1254a(b)) 

7 on July 4, 2017, who had or was otherwise eli8 gible for temporary protected status on such 

9 date notwithstanding subsections (c)(1)(A)(iv) 

10 and (c)(3)(C) of such section; and 

11 (B) has not engaged in conduct since such 

12 date that would render the alien ineligible for 

13 temporary protected status under section 

14 244(c)(2) of the Immigration and Nationality 

15 Act (8 U.S.C. 1245a(c)(2)); or 

16 (2) who was eligible for Deferred Enforced De17 parture as of January 20, 2021, and has not en18 gaged in conduct since that date that would render 

19 the alien ineligible for Deferred Enforced Departure. 

20 (c) WAIVER OF GROUNDS OF INADMISSIBILITY.— 

21 (1) IN GENERAL.—Except as provided in para22 graph (2), with respect to any benefit under this 

23 title, and in addition to any waivers that are other24 wise available, the Secretary may waive the grounds 

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1 graphs (A), (C), and (D) of paragraph (2), subpara2 graphs (D) through (G) of paragraph (6), or para3 graph (10)(D) of section 212(a) of the Immigration 

4 and Nationality Act (8 U.S.C. 1182(a)) for humani5 tarian purposes, for family unity, or because the 

6 waiver is otherwise in the public interest. 

7 (2) EXCEPTION.—The Secretary may not waive 

8 a ground described in paragraph (1) if such inad9 missibility is based on a conviction or convictions, 

10 and such conviction or convictions would otherwise 

11 render the alien ineligible under section 

12 244(c)(2)(B) of the Immigration and Nationality 

13 Act (8 U.S.C. 1254a(c)(2)(B)). 

14 (d) APPLICATION.— 

15 (1) FEE.—The Secretary shall, subject to an 

16 exemption under section 3103(c), require an alien 

17 applying for adjustment of status under this section 

18 to pay a reasonable fee that is commensurate with 

19 the cost of processing the application, but does not 

20 exceed $1,140. 

21 (2) BACKGROUND CHECKS.—The Secretary 

22 may not grant an alien permanent resident status on 

23 a conditional basis under this section until the re24 quirements of section 3102 are satisfied. 


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1 (3) WITHDRAWAL OF APPLICATION.—The Sec2 retary of Homeland Security shall, upon receipt of 

3 a request to withdraw an application for adjustment 

4 of status under this section, cease processing of the 

5 application and close the case. Withdrawal of the ap6 plication under this subsection shall not prejudice 

7 any future application filed by the applicant for any 

8 immigration benefit under this title or under the Im9 migration and Nationality Act (8 U.S.C. 1101 et 

10 seq.). 

11 SEC. 2103. CLARIFICATION. 

12 Section 244(f)(4) of the Immigration and Nationality 

13 Act (8 U.S.C. 1254a(f)(4)) is amended by inserting after 

14 ‘‘considered’’ the following: ‘‘as having been inspected and 

15 admitted into the United States, and’’. 

16 TITLE III—GENERAL 

17 PROVISIONS 

18 SEC. 3101. DEFINITIONS. 

19 (a) IN GENERAL.—In this division: 

20 (1) IN GENERAL.—Except as otherwise specifi21 cally provided, any term used in this division that is 

22 used in the immigration laws shall have the meaning 

23 given such term in the immigration laws. 

24 (2) APPROPRIATE UNITED STATES DISTRICT

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1 trict court’’ means the United States District Court 

2 for the District of Columbia or the United States 

3 district court with jurisdiction over the alien’s prin4 cipal place of residence. 

5 (3) AREA CAREER AND TECHNICAL EDUCATION

6 SCHOOL.—The term ‘‘area career and technical edu7 cation school’’ has the meaning given such term in 

8 section 3 of the Carl D. Perkins Career and Tech9 nical Education Act of 2006 (20 U.S.C. 2302). 

10 (4) DACA.—The term ‘‘DACA’’ means de11 ferred action granted to an alien pursuant to the 

12 Deferred Action for Childhood Arrivals policy an13 nounced by the Secretary of Homeland Security on 

14 June 15, 2012. 

15 (5) DISABILITY.—The term ‘‘disability’’ has the 

16 meaning given such term in section 3(1) of the 

17 Americans with Disabilities Act of 1990 (42 U.S.C. 

18 12102(1)). 

19 (6) FEDERAL POVERTY LINE.—The term ‘‘Fed20 eral poverty line’’ has the meaning given such term 

21 in section 213A(h) of the Immigration and Nation22 ality Act (8 U.S.C. 1183a). 

23 (7) HIGH SCHOOL; SECONDARY SCHOOL.—The 

24 terms ‘‘high school’’ and ‘‘secondary school’’ have 

25 the meanings given such terms in section 8101 of 


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1 the Elementary and Secondary Education Act of 

2 1965 (20 U.S.C. 7801). 

3 (8) IMMIGRATION LAWS.—The term ‘‘immigra4 tion laws’’ has the meaning given such term in sec5 tion 101(a)(17) of the Immigration and Nationality 

6 Act (8 U.S.C. 1101(a)(17)). 

7 (9) INSTITUTION OF HIGHER EDUCATION.—The 

8 term ‘‘institution of higher education’’— 

9 (A) except as provided in subparagraph 

10 (B), has the meaning given such term in section 

11 102 of the Higher Education Act of 1965 (20 

12 U.S.C. 1002); and 

13 (B) does not include an institution of high14 er education outside of the United States. 

15 (10) RECOGNIZED POSTSECONDARY CREDEN16 TIAL.—The term ‘‘recognized postsecondary creden17 tial’’ has the meaning given such term in section 3 

18 of the Workforce Innovation and Opportunity Act 

19 (29 U.S.C. 3102). 

20 (11) SECRETARY.—Except as otherwise specifi21 cally provided, the term ‘‘Secretary’’ means the Sec22 retary of Homeland Security. 

23 (12) UNIFORMED SERVICES.—The term ‘‘Uni24 formed Services’’ has the meaning given the term 


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1 ‘‘uniformed services’’ in section 101(a) of title 10, 

2 United States Code. 

3 (b) TREATMENT OF EXPUNGED CONVICTIONS.—For 

4 purposes of adjustment of status under this division, the 

5 terms ‘‘convicted’’ and ‘‘conviction’’, as used in this divi6 sion and in sections 212 and 244 of the Immigration and 

7 Nationality Act (8 U.S.C. 1182, 1254a), do not include 

8 a judgment that has been expunged or set aside, that re9 sulted in a rehabilitative disposition, or the equivalent. 

10 SEC. 3102. SUBMISSION OF BIOMETRIC AND BIOGRAPHIC 

11 DATA; BACKGROUND CHECKS. 

12 (a) SUBMISSION OF BIOMETRIC AND BIOGRAPHIC

13 DATA.—The Secretary may not grant an alien adjustment 

14 of status under this division, on either a conditional or 

15 permanent basis, unless the alien submits biometric and 

16 biographic data, in accordance with procedures established 

17 by the Secretary. The Secretary shall provide an alter18 native procedure for aliens who are unable to provide such 

19 biometric or biographic data because of a physical impair20 ment. 

21 (b) BACKGROUND CHECKS.—The Secretary shall use 

22 biometric, biographic, and other data that the Secretary 

23 determines appropriate to conduct security and law en24 forcement background checks and to determine whether 

25 there is any criminal, national security, or other factor 


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1 that would render the alien ineligible for adjustment of 

2 status under this division, on either a conditional or per3 manent basis. The status of an alien may not be adjusted, 

4 on either a conditional or permanent basis, unless security 

5 and law enforcement background checks are completed to 

6 the satisfaction of the Secretary. 

7 SEC. 3103. LIMITATION ON REMOVAL; APPLICATION AND 

8 FEE EXEMPTION; AND OTHER CONDITIONS 

9 ON ELIGIBLE INDIVIDUALS. 

10 (a) LIMITATION ON REMOVAL.—An alien who ap11 pears to be prima facie eligible for relief under this divi12 sion shall be given a reasonable opportunity to apply for 

13 such relief and may not be removed until, subject to sec14 tion 3106(c)(2), a final decision establishing ineligibility 

15 for relief is rendered. 

16 (b) APPLICATION.—An alien present in the United 

17 States who has been ordered removed or has been per18 mitted to depart voluntarily from the United States may, 

19 notwithstanding such order or permission to depart, apply 

20 for adjustment of status under this division. Such alien 

21 shall not be required to file a separate motion to reopen, 

22 reconsider, or vacate the order of removal. If the Secretary 

23 approves the application, the Secretary shall cancel the 

24 order of removal. If the Secretary renders a final adminis25 trative decision to deny the application, the order of reVerDate Sep 11 2014 04:01 Mar 04, 2022 Jkt 000000 PO 00000 Frm 00341 Fmt 6652 Sfmt 6201 E:\BILLS\H6637.IH H6637

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1 moval or permission to depart shall be effective and en2 forceable to the same extent as if the application had not 

3 been made, only after all available administrative and judi4 cial remedies have been exhausted. 

5 (c) FEE EXEMPTION.—An applicant may be exempt6 ed from paying an application fee required under this divi7 sion if the applicant— 

8 (1) is 18 years of age or younger; 

9 (2) received total income, during the 12-month 

10 period immediately preceding the date on which the 

11 applicant files an application under this division, 

12 that is less than 150 percent of the Federal poverty 

13 line; 

14 (3) is in foster care or otherwise lacks any pa15 rental or other familial support; or 

16 (4) cannot care for himself or herself because of 

17 a serious, chronic disability. 

18 (d) ADVANCE PAROLE.—During the period beginning 

19 on the date on which an alien applies for adjustment of 

20 status under this division and ending on the date on which 

21 the Secretary makes a final decision regarding such appli22 cation, the alien shall be eligible to apply for advance pa23 role. Section 101(g) of the Immigration and Nationality 

24 Act (8 U.S.C. 1101(g)) shall not apply to an alien granted 

25 advance parole under this Act. 


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1 (e) EMPLOYMENT.—An alien whose removal is stayed 

2 pursuant to this division, who may not be placed in re3 moval proceedings pursuant to this division, or who has 

4 pending an application under this division, shall, upon ap5 plication to the Secretary, be granted an employment au6 thorization document. 

7 SEC. 3104. DETERMINATION OF CONTINUOUS PRESENCE 

8 AND RESIDENCE. 

9 (a) EFFECT OF NOTICE TO APPEAR.—Any period of 

10 continuous physical presence or continuous residence in 

11 the United States of an alien who applies for permanent 

12 resident status under this division (whether on a condi13 tional basis or without the conditional basis as provided 

14 in section 1104(c)(2)) shall not terminate when the alien 

15 is served a notice to appear under section 239(a) of the 

16 Immigration and Nationality Act (8 U.S.C. 1229(a)). 

17 (b) TREATMENT OF CERTAIN BREAKS IN PRESENCE

18 OR RESIDENCE.— 

19 (1) IN GENERAL.—Except as provided in para20 graphs (2) and (3), an alien shall be considered to 

21 have failed to maintain— 

22 (A) continuous physical presence in the 

23 United States under this division if the alien 

24 has departed from the United States for any 


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1 period exceeding 90 days or for any periods, in 

2 the aggregate, exceeding 180 days; and 

3 (B) continuous residence in the United 

4 States under this division if the alien has de5 parted from the United States for any period 

6 exceeding 180 days, unless the alien establishes 

7 to the satisfaction of the Secretary of Home8 land Security that the alien did not in fact 

9 abandon residence in the United States during 

10 such period. 

11 (2) EXTENSIONS FOR EXTENUATING CIR12 CUMSTANCES.—The Secretary may extend the time 

13 periods described in paragraph (1) for an alien who 

14 demonstrates that the failure to timely return to the 

15 United States was due to extenuating circumstances 

16 beyond the alien’s control, including— 

17 (A) the serious illness of the alien; 

18 (B) death or serious illness of a parent, 

19 grandparent, sibling, or child of the alien; 

20 (C) processing delays associated with the 

21 application process for a visa or other travel 

22 document; or 

23 (D) restrictions on international travel due 

24 to the public health emergency declared by the 

25 Secretary of Health and Human Services under 


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1 section 3119 of the Public Health Service Act 

2 (42 U.S.C. 247d) with respect to COVID–19. 

3 (3) TRAVEL AUTHORIZED BY THE SEC4 RETARY.—Any period of travel outside of the United 

5 States by an alien that was authorized by the Sec6 retary may not be counted toward any period of de7 parture from the United States under paragraph 

8 (1). 

9 (c) WAIVER OF PHYSICAL PRESENCE.—With respect 

10 to aliens who were removed or departed the United States 

11 on or after January 20, 2017, and who were continuously 

12 physically present in the United States for at least 5 years 

13 prior to such removal or departure, the Secretary may, 

14 as a matter of discretion, waive the physical presence re15 quirement under section 1102(b)(1)(A) or section 

16 2102(a)(2) for humanitarian purposes, for family unity, 

17 or because a waiver is otherwise in the public interest. The 

18 Secretary, in consultation with the Secretary of State, 

19 shall establish a procedure for such aliens to apply for re20 lief under section 1102 or 202 from outside the United 

21 States if they would have been eligible for relief under 

22 such section, but for their removal or departure. 

23 SEC. 3105. EXEMPTION FROM NUMERICAL LIMITATIONS. 

24 Nothing in this division or in any other law may be 

25 construed to apply a numerical limitation on the number 


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1 of aliens who may be granted permanent resident status 

2 under this division (whether on a conditional basis, or 

3 without the conditional basis as provided in section 

4 1104(c)(2)). 

5 SEC. 3106. AVAILABILITY OF ADMINISTRATIVE AND JUDI6 CIAL REVIEW. 

7 (a) ADMINISTRATIVE REVIEW.—Not later than 30 

8 days after the date of the enactment of this Act, the Sec9 retary shall provide to aliens who have applied for adjust10 ment of status under this division a process by which an 

11 applicant may seek administrative appellate review of a 

12 denial of an application for adjustment of status, or a rev13 ocation of such status. 

14 (b) JUDICIAL REVIEW.—Except as provided in sub15 section (c), and notwithstanding any other provision of 

16 law, an alien may seek judicial review of a denial of an 

17 application for adjustment of status, or a revocation of 

18 such status, under this division in an appropriate United 

19 States district court. 

20 (c) STAY OF REMOVAL.— 

21 (1) IN GENERAL.—Except as provided in para22 graph (2), an alien seeking administrative or judicial 

23 review under this division may not be removed from 

24 the United States until a final decision is rendered 


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1 establishing that the alien is ineligible for adjust2 ment of status under this Act. 

3 (2) EXCEPTION.—The Secretary may remove 

4 an alien described in paragraph (1) pending judicial 

5 review if such removal is based on criminal or na6 tional security grounds described in this division. 

7 Such removal shall not affect the alien’s right to ju8 dicial review under this division. The Secretary shall 

9 promptly return a removed alien if a decision to 

10 deny an application for adjustment of status under 

11 this division, or to revoke such status, is reversed. 

12 SEC. 3107. DOCUMENTATION REQUIREMENTS. 

13 (a) DOCUMENTS ESTABLISHING IDENTITY.—An 

14 alien’s application for permanent resident status under 

15 this division (whether on a conditional basis, or without 

16 the conditional basis as provided in section 1104(c)(2)) 

17 may include, as evidence of identity, the following: 

18 (1) A passport or national identity document 

19 from the alien’s country of origin that includes the 

20 alien’s name and the alien’s photograph or finger21 print. 

22 (2) The alien’s birth certificate and an identity 

23 card that includes the alien’s name and photograph. 

24 (3) A school identification card that includes 

25 the alien’s name and photograph, and school records 


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1 showing the alien’s name and that the alien is or 

2 was enrolled at the school. 

3 (4) A Uniformed Services identification card 

4 issued by the Department of Defense. 

5 (5) Any immigration or other document issued 

6 by the United States Government bearing the alien’s 

7 name and photograph. 

8 (6) A State-issued identification card bearing 

9 the alien’s name and photograph. 

10 (7) Any other evidence determined to be cred11 ible by the Secretary. 

12 (b) DOCUMENTS ESTABLISHING ENTRY, CONTIN13 UOUS PHYSICAL PRESENCE, LACK OF ABANDONMENT OF

14 RESIDENCE.—To establish that an alien was 18 years of 

15 age or younger on the date on which the alien entered 

16 the United States, and has continuously resided in the 

17 United States since such entry, as required under section 

18 1102(b)(1)(B), that an alien has been continuously phys19 ically present in the United States, as required under sec20 tion 1102(b)(1)(A) or 202(a)(2), or that an alien has not 

21 abandoned residence in the United States, as required 

22 under section 1104(a)(1)(B), the alien may submit the fol23 lowing forms of evidence: 

24 (1) Passport entries, including admission 

25 stamps on the alien’s passport. 


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1 (2) Any document from the Department of Jus2 tice or the Department of Homeland Security noting 

3 the alien’s date of entry into the United States. 

4 (3) Records from any educational institution 

5 the alien has attended in the United States. 

6 (4) Employment records of the alien that in7 clude the employer’s name and contact information, 

8 or other records demonstrating earned income. 

9 (5) Records of service from the Uniformed 

10 Services. 

11 (6) Official records from a religious entity con12 firming the alien’s participation in a religious cere13 mony. 

14 (7) A birth certificate for a child who was born 

15 in the United States. 

16 (8) Hospital or medical records showing med17 ical treatment or hospitalization, the name of the 

18 medical facility or physician, and the date of the 

19 treatment or hospitalization. 

20 (9) Automobile license receipts or registration. 

21 (10) Deeds, mortgages, or rental agreement 

22 contracts. 

23 (11) Rent receipts or utility bills bearing the 

24 alien’s name or the name of an immediate family 

25 member of the alien, and the alien’s address. 


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1 (12) Tax receipts. 

2 (13) Insurance policies. 

3 (14) Remittance records, including copies of 

4 money order receipts sent in or out of the country. 

5 (15) Travel records. 

6 (16) Dated bank transactions. 

7 (17) Two or more sworn affidavits from individ8 uals who are not related to the alien who have direct 

9 knowledge of the alien’s continuous physical pres10 ence in the United States, that contain— 

11 (A) the name, address, and telephone num12 ber of the affiant; and 

13 (B) the nature and duration of the rela14 tionship between the affiant and the alien. 

15 (18) Any other evidence determined to be cred16 ible by the Secretary. 

17 (c) DOCUMENTS ESTABLISHING ADMISSION TO AN

18 INSTITUTION OF HIGHER EDUCATION.—To establish that 

19 an alien has been admitted to an institution of higher edu20 cation, the alien may submit to the Secretary a document 

21 from the institution of higher education certifying that the 

22 alien— 

23 (1) has been admitted to the institution; or 

24 (2) is currently enrolled in the institution as a 

25 student. 


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1 (d) DOCUMENTS ESTABLISHING RECEIPT OF A DE2 GREE FROM AN INSTITUTION OF HIGHER EDUCATION.— 

3 To establish that an alien has acquired a degree from an 

4 institution of higher education in the United States, the 

5 alien may submit to the Secretary a diploma or other doc6 ument from the institution stating that the alien has re7 ceived such a degree. 

8 (e) DOCUMENTS ESTABLISHING RECEIPT OF A HIGH

9 SCHOOL DIPLOMA, GENERAL EDUCATIONAL DEVELOP10 MENT CREDENTIAL, OR A RECOGNIZED EQUIVALENT.— 

11 To establish that in the United States an alien has earned 

12 a high school diploma or a commensurate alternative 

13 award from a public or private high school, has obtained 

14 the General Education Development credential, or other15 wise has satisfied section 1102(b)(1)(D)(iii), the alien may 

16 submit to the Secretary the following: 

17 (1) A high school diploma, certificate of comple18 tion, or other alternate award. 

19 (2) A high school equivalency diploma or certifi20 cate recognized under State law. 

21 (3) Evidence that the alien passed a State-au22 thorized exam, including the General Education De23 velopment test, in the United States. 

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1 gram, such as a certification, certificate, or similar 

2 alternate award. 

3 (5) Evidence that the alien obtained a recog4 nized postsecondary credential. 

5 (6) Any other evidence determined to be cred6 ible by the Secretary. 

7 (f) DOCUMENTS ESTABLISHING ENROLLMENT IN AN

8 EDUCATIONAL PROGRAM.—To establish that an alien is 

9 enrolled in any school or education program described in 

10 section 1102(b)(1)(D)(iv) or 104(a)(1)(C), the alien may 

11 submit school records from the United States school that 

12 the alien is currently attending that include— 

13 (1) the name of the school; and 

14 (2) the alien’s name, periods of attendance, and 

15 current grade or educational level. 

16 (g) DOCUMENTS ESTABLISHING EXEMPTION FROM

17 APPLICATION FEES.—To establish that an alien is exempt 

18 from an application fee under this division, the alien may 

19 submit to the Secretary the following relevant documents: 

20 (1) DOCUMENTS TO ESTABLISH AGE.—To es21 tablish that an alien meets an age requirement, the 

22 alien may provide proof of identity, as described in 

23 subsection (a), that establishes that the alien is 18 

24 years of age or younger. 


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1 (2) DOCUMENTS TO ESTABLISH INCOME.—To 

2 establish the alien’s income, the alien may provide— 

3 (A) employment records or other records of 

4 earned income, including records that have been 

5 maintained by the Social Security Administra6 tion, the Internal Revenue Service, or any other 

7 Federal, State, or local government agency; 

8 (B) bank records; or 

9 (C) at least two sworn affidavits from indi10 viduals who are not related to the alien and 

11 who have direct knowledge of the alien’s work 

12 and income that contain— 

13 (i) the name, address, and telephone 

14 number of the affiant; and 

15 (ii) the nature and duration of the re16 lationship between the affiant and the 

17 alien. 

18 (3) DOCUMENTS TO ESTABLISH FOSTER CARE, 

19 LACK OF FAMILIAL SUPPORT, OR SERIOUS, CHRONIC

20 DISABILITY.—To establish that the alien is in foster 

21 care, lacks parental or familial support, or has a se22 rious, chronic disability, the alien may provide at 

23 least two sworn affidavits from individuals who are 

24 not related to the alien and who have direct knowl25 edge of the circumstances that contain— 


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1 (A) a statement that the alien is in foster 

2 care, otherwise lacks any parental or other fa3 miliar support, or has a serious, chronic dis4 ability, as appropriate; 

5 (B) the name, address, and telephone num6 ber of the affiant; and 

7 (C) the nature and duration of the rela8 tionship between the affiant and the alien. 

9 (h) DOCUMENTS ESTABLISHING QUALIFICATION FOR

10 HARDSHIP EXEMPTION.—To establish that an alien satis11 fies one of the criteria for the hardship exemption set forth 

12 in section 1104(a)(2)(C), the alien may submit to the Sec13 retary at least two sworn affidavits from individuals who 

14 are not related to the alien and who have direct knowledge 

15 of the circumstances that warrant the exemption, that 

16 contain— 

17 (1) the name, address, and telephone number of 

18 the affiant; and 

19 (2) the nature and duration of the relationship 

20 between the affiant and the alien. 

21 (i) DOCUMENTS ESTABLISHING SERVICE IN THE

22 UNIFORMED SERVICES.—To establish that an alien has 

23 served in the Uniformed Services for at least 2 years and, 

24 if discharged, received an honorable discharge, the alien 

25 may submit to the Secretary— 


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1 (1) a Department of Defense form DD–214; 

2 (2) a National Guard Report of Separation and 

3 Record of Service form 22; 

4 (3) personnel records for such service from the 

5 appropriate Uniformed Service; or 

6 (4) health records from the appropriate Uni7 formed Service. 

8 (j) DOCUMENTS ESTABLISHING EARNED INCOME.— 

9 (1) IN GENERAL.—An alien may satisfy the 

10 earned income requirement under section 

11 1104(a)(1)(C)(iii) by submitting records that— 

12 (A) establish compliance with such require13 ment; and 

14 (B) have been maintained by the Social Se15 curity Administration, the Internal Revenue 

16 Service, or any other Federal, State, or local 

17 government agency. 

18 (2) OTHER DOCUMENTS.—An alien who is un19 able to submit the records described in paragraph 

20 (1) may satisfy the earned income requirement by 

21 submitting at least two types of reliable documents 

22 that provide evidence of employment or other forms 

23 of earned income, including— 

24 (A) bank records; 

25 (B) business records; 


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1 (C) employer or contractor records; 

2 (D) records of a labor union, day labor 

3 center, or organization that assists workers in 

4 employment; 

5 (E) sworn affidavits from individuals who 

6 are not related to the alien and who have direct 

7 knowledge of the alien’s work, that contain— 

8 (i) the name, address, and telephone 

9 number of the affiant; and 

10 (ii) the nature and duration of the re11 lationship between the affiant and the 

12 alien; 

13 (F) remittance records; or 

14 (G) any other evidence determined to be 

15 credible by the Secretary. 

16 (k) AUTHORITY TO PROHIBIT USE OF CERTAIN

17 DOCUMENTS.—If the Secretary determines, after publica18 tion in the Federal Register and an opportunity for public 

19 comment, that any document or class of documents does 

20 not reliably establish identity or that permanent resident 

21 status under this division (whether on a conditional basis, 

22 or without the conditional basis as provided in section 

23 1104(c)(2)) is being obtained fraudulently to an unaccept24 able degree, the Secretary may prohibit or restrict the use 

25 of such document or class of documents. 


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1 SEC. 3108. RULE MAKING. 

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

3 date of the enactment of this Act, the Secretary shall pub4 lish in the Federal Register interim final rules imple5 menting this division, which shall allow eligible individuals 

6 to immediately apply for relief under this division. Not7 withstanding section 553 of title 5, United States Code, 

8 the regulation shall be effective, on an interim basis, im9 mediately upon publication, but may be subject to change 

10 and revision after public notice and opportunity for a pe11 riod of public comment. The Secretary shall finalize such 

12 rules not later than 180 days after the date of publication. 

13 (b) PAPERWORK REDUCTION ACT.—The require14 ments under chapter 35 of title 44, United States Code 

15 (commonly known as the ‘‘Paperwork Reduction Act’’), 

16 shall not apply to any action to implement this Act. 

17 SEC. 3109. CONFIDENTIALITY OF INFORMATION. 

18 (a) IN GENERAL.—The Secretary may not disclose 

19 or use information (including information provided during 

20 administrative or judicial review) provided in applications 

21 filed under this division or in requests for DACA for the 

22 purpose of immigration enforcement. 

23 (b) REFERRALS PROHIBITED.—The Secretary, based 

24 solely on information provided in an application for adjust25 ment of status under this division (including information 

26 provided during administrative or judicial review) or an 


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1 application for DACA, may not refer an applicant to U.S. 

2 Immigration and Customs Enforcement, U.S. Customs 

3 and Border Protection, or any designee of either such enti4 ty. 

5 (c) LIMITED EXCEPTION.—Notwithstanding sub6 sections (a) and (b), information provided in an applica7 tion for adjustment of status under this division may be 

8 shared with Federal security and law enforcement agen9 cies— 

10 (1) for assistance in the consideration of an ap11 plication for adjustment of status under this divi12 sion; 

13 (2) to identify or prevent fraudulent claims; 

14 (3) for national security purposes; or 

15 (4) for the investigation or prosecution of any 

16 felony offense not related to immigration status. 

17 (d) PENALTY.—Any person who knowingly uses, pub18 lishes, or permits information to be examined in violation 

19 of this section shall be fined not more than $10,000. 

20 SEC. 3110. GRANT PROGRAM TO ASSIST ELIGIBLE APPLI21 CANTS. 

22 (a) ESTABLISHMENT.—The Secretary shall establish, 

23 within U.S. Citizenship and Immigration Services, a pro24 gram to award grants, on a competitive basis, to eligible 

25 nonprofit organizations that will use the funding to assist 


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1 eligible applicants under this division by providing them 

2 with the services described in subsection (b). 

3 (b) USE OF FUNDS.—Grant funds awarded under 

4 this section shall be used for the design and implementa5 tion of programs that provide— 

6 (1) information to the public regarding the eli7 gibility and benefits of permanent resident status 

8 under this division (whether on a conditional basis, 

9 or without the conditional basis as provided in sec10 tion 1104(c)(2)), particularly to individuals poten11 tially eligible for such status; 

12 (2) assistance, within the scope of authorized 

13 practice of immigration law, to individuals submit14 ting applications for adjustment of status under this 

15 division (whether on a conditional basis, or without 

16 the conditional basis as provided in section 

17 1104(c)(2)), including— 

18 (A) screening prospective applicants to as19 sess their eligibility for such status; 

20 (B) completing applications and petitions, 

21 including providing assistance in obtaining the 

22 requisite documents and supporting evidence; 

23 and 

24 (C) providing any other assistance that the 

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1 essary to apply for adjustment of status under 

2 this division (whether on a conditional basis, or 

3 without the conditional basis as provided in sec4 tion 1104(c)(2)); and 

5 (3) assistance, within the scope of authorized 

6 practice of immigration law, and instruction, to indi7 viduals— 

8 (A) on the rights and responsibilities of 

9 United States citizenship; 

10 (B) in civics and English as a second lan11 guage; 

12 (C) in preparation for the General Edu13 cation Development test; and 

14 (D) in applying for adjustment of status 

15 and United States citizenship. 

16 (c) AUTHORIZATION OF APPROPRIATIONS.— 

17 (1) AMOUNTS AUTHORIZED.—There are author18 ized to be appropriated such sums as may be nec19 essary for each of the fiscal years 2022 through 

20 2032 to carry out this section. 

21 (2) AVAILABILITY.—Any amounts appropriated 

22 pursuant to paragraph (1) shall remain available 

23 until expended. 


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1 SEC. 3111. PROVISIONS AFFECTING ELIGIBILITY FOR AD2 JUSTMENT OF STATUS. 

3 An alien’s eligibility to be lawfully admitted for per4 manent residence under this division (whether on a condi5 tional basis, or without the conditional basis as provided 

6 in section 1104(c)(2)) shall not preclude the alien from 

7 seeking any status under any other provision of law for 

8 which the alien may otherwise be eligible. 

9 SEC. 3112. SUPPLEMENTARY SURCHARGE FOR APPOINTED 

10 COUNSEL. 

11 (a) IN GENERAL.—Except as provided in section 

12 3102 and in cases where the applicant is exempt from pay13 ing a fee under section 3103(c), in any case in which a 

14 fee is charged pursuant to this division, an additional sur15 charge of $25 shall be imposed and collected for the pur16 pose of providing appointed counsel to applicants seeking 

17 judicial review of the Secretary’s decision to provisionally 

18 deny an application under this Act. 

19 (b) IMMIGRATION COUNSEL ACCOUNT.—There is es20 tablished in the general fund of the Treasury a separate 

21 account which shall be known as the ‘‘Immigration Coun22 sel Account’’. Fees collected under subsection (a) shall be 

23 deposited into the Immigration Counsel Account and shall 

24 remain available until expended for purposes of providing 

25 appointed counsel as required under this Act. 


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1 (c) REPORT.—At the end of each 2-year period, be2 ginning with the establishment of this account, the Sec3 retary of Homeland Security shall submit a report to the 

4 Congress concerning the status of the account, including 

5 any balances therein, and recommend any adjustment in 

6 the prescribed fee that may be required to ensure that the 

7 receipts collected from the fee charged for the succeeding 

8 2 years equal, as closely as possible, the cost of providing 

9 appointed counsel as required under this Act. 

10 SEC. 3113. ANNUAL REPORT ON PROVISIONAL DENIAL AU11 THORITY. 

12 Not later than 1 year after the date of the enactment 

13 of this Act, and annually thereafter, the Secretary of 

14 Homeland Security shall submit to the Congress a report 

15 detailing the number of applicants that receive— 

16 (1) a provisional denial under this division; 

17 (2) a final denial under this division without 

18 seeking judicial review; 

19 (3) a final denial under this division after seek20 ing judicial review; and 

21 (4) an approval under this division after seek22 ing judicial review. 


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1 TITLE IV—DIGNITY AND 

2 REDEMPTION PROGRAMS 

3 Subtitle A—Dignity Program 

4 SEC. 4001. ESTABLISHMENT. 

5 (a) IN GENERAL.—There is established a program, 

6 to be known as the ‘‘Dignity Program’’ under this subtitle, 

7 which shall provide for deferred action on removal and the 

8 provision of employment authorization in the case of eligi9 ble applicants, in accordance with the provisions of this 

10 subtitle. 

11 (b) ABOLITION OF 3- AND 10-YEAR BARS.—For pur12 poses of this subtitle, section 212(a)(9) of the Immigration 

13 and Nationality Act shall not apply for purposes of any 

14 person who applies and thereafter participates in the Dig15 nity Program. 

16 SEC. 4002. ELIGIBILITY. 

17 The Secretary of Homeland Security shall approve an 

18 application to participate in the Dignity Program from an 

19 eligible alien subject to the following: 

20 (1) APPLICATION.—The applicant shall submit 

21 such information that the Secretary determines suf22 ficient to prove the following: 

23 (A) That the alien has been continually 

24 physically present in the United States since 

25 July 4, 2017. 


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1 (B) That the alien is not inadmissible 

2 under section 212(a) of the Immigration and 

3 Nationality Act (except that paragraph (9) shall 

4 not apply for purposes of this section). 

5 (C) That the alien has included payment of 

6 a contribution to the American Worker Fund of 

7 $2,000. 

8 (2) SUBMISSION OF BIOMETRIC AND BIO9 GRAPHIC DATA; BACKGROUND CHECKS.— 

10 (A) SUBMISSION OF BIOMETRIC AND BIO11 GRAPHIC DATA.—The Secretary may not ap12 prove such an application, unless the alien sub13 mits biometric and biographic data, in accord14 ance with procedures established by the Sec15 retary. The Secretary shall provide an alter16 native procedure for aliens who are unable to 

17 provide such biometric or biographic data be18 cause of a physical impairment. 

19 (B) BACKGROUND CHECKS.—The Sec20 retary shall use biometric, biographic, and other 

21 data that the Secretary determines appropriate 

22 to conduct security and law enforcement back23 ground checks and to determine whether there 

24 is any criminal, national security, or other fac25 tor that would render the alien ineligible for 


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1 participation in the Dignity Program in accord2 ance with paragraph (3). The application for 

3 participation in the Dignity Program may not 

4 be approved unless security and law enforce5 ment background checks are completed to the 

6 satisfaction of the Secretary. 

7 (3) GROUNDS OF INELIGIBILITY.—Except as 

8 provided in paragraph (2), an alien is ineligible for 

9 participation in the Dignity Program if, excluding 

10 any offense under State law for which an essential 

11 element is the alien’s immigration status, and any 

12 minor traffic offense, the alien has been convicted 

13 of— 

14 (A) any felony offense; 

15 (B) two or more misdemeanor offenses (ex16 cluding simple possession of cannabis or can17 nabis-related paraphernalia, any offense involv18 ing cannabis or cannabis-related paraphernalia 

19 which is no longer prosecutable in the State in 

20 which the conviction was entered, and any of21 fense involving civil disobedience without vio22 lence) not occurring on the same date, and not 

23 arising out of the same act, omission, or scheme 

24 of misconduct; or 


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1 (C) a misdemeanor offense of domestic vio2 lence, unless the alien demonstrates that such 

3 crime is related to the alien having been— 

4 (i) a victim of domestic violence, sex5 ual assault, stalking, child abuse or ne6 glect, abuse or neglect in later life, or 

7 human trafficking; 

8 (ii) battered or subjected to extreme 

9 cruelty; or 

10 (iii) a victim of criminal activity de11 scribed in section 101(a)(15)(U)(iii) of the 

12 Immigration and Nationality Act (8 U.S.C. 

13 1101(a)(15)(U)(iii)). 

14 SEC. 4003. REGISTRATION; DEPARTURE. 

15 (a) REGISTRATION.—Any alien approved to partici16 pate in the Dignity Program shall— 

17 (1) register with the Secretary of Homeland Se18 curity; 

19 (2) submit biometric and biographic data to the 

20 Secretary; and 

21 (3) submit a sworn declaration stipulating to 

22 presence in the United States without a lawful immi23 gration status, and, as appropriate, unlawful pres24 ence, in the United States. 


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1 (b) DEPARTURE.—Not later than 24 months after 

2 the date of the enactment of this Act, any alien present 

3 in the United States without lawful status under the immi4 gration laws, or not participating in the programs outlined 

5 in title A or B or seeking Certified Agricultural Worker 

6 status under this Act shall apply for the Dignity Program 

7 or depart the United States. 

8 (c) INTENTIONAL SELF-DEPORTATION.—Any alien 

9 that voluntarily departs the United States not later than 

10 24 months after the date of the enactment of this Act shall 

11 not be subject to the provisions of section 212(a)(9) of 

12 the Immigration and Nationality Act with respect to— 

13 (1) any removal ordered under section 

14 235(b)(1) of such Act or at the end of proceedings 

15 under section 240 of such Act initiated upon the 

16 alien’s arrival in the United States; or 

17 (2) any removal ordered under section 240 of 

18 such Act, 

19 prior to the date of the enactment of this Act. 

20 SEC. 4004. PROGRAM PARTICIPATION. 

21 (a) IN GENERAL.—Any applicant who is approved to 

22 participate in the Dignity Program shall make an appear23 ance before an immigration judge who shall issue an order 

24 deferring further action for a period of 10 years. 


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1 (b) CONDITIONS.—Each participant in the Dignity 

2 Program shall conform to the following: 

3 (1) REPORT.—The participant shall biennially 

4 report to the Secretary of Homeland Security and 

5 provide the following information: 

6 (A) Place of residence. 

7 (B) Testimony as to good standing within 

8 the community. 

9 (2) SPONSORSHIP.—A United States national 

10 may sponsor a prospective participant by providing 

11 not more than half of the restitution due under 

12 paragraph (3) and assist with an application. 

13 (3) RESTITUTION.—The participant shall pay 

14 an additional fee of $2,000 with each report under 

15 paragraph (1), until a total amount of $10,000 has 

16 been paid. 

17 (4) LAWFUL CONDUCT.—The participant shall 

18 comply with all Federal and State laws. 

19 (5) EMPLOYMENT.—The participant shall re20 main, for a period of not less than 5 years during 

21 their participation in the Dignity Program, employed 

22 (including self-employment and serving as a care23 giver) or while enrolled in a course of study at an 

24 institute of higher education, as defined in section 

25 102 of the Higher Education Act of 1965 (20 


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1 U.S.C. 1002), or an area career and technical edu2 cation school, as defined in section 3 of the Carl D. 

3 Perkins Career and Technical Education Act of 

4 2006 (20 U.S.C. 2302). The Secretary may waive 

5 the application of this paragraph in the case of any 

6 alien with dependents under the age of 12, or any 

7 alien the Secretary determines would be unable to 

8 reasonably comply by reason of a disability or other 

9 impediment. 

10 (6) TAXES.—The participant shall pay any ap11 plicable taxes and satisfy any tax obligations out12 standing as of the date of application approval. 

13 (7) SUPPORT DEPENDENTS.—The participant 

14 shall support any dependents including by providing 

15 food, shelter, clothing, education, and covering basic 

16 medical needs. 

17 (8) MEDICAL COSTS.— 

18 (A) IN GENERAL.—The participant shall 

19 be enrolled under qualifying health coverage. 

20 (B) DEFINITION.—For purposes of this 

21 paragraph, the term ‘‘qualifying health cov22 erage’’ means, with respect to the participant, 

23 the higher of the following levels of coverage ap24 plicable to such alien: 


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1 (i) At a minimum, catastrophic health 

2 insurance coverage that provides coverage 

3 of such individual with respect to at least 

4 the State of employment and State of resi5 dence of the alien. 

6 (ii) In the case of an alien whose 

7 State of residence or State of employment 

8 requires such an alien to maintain cov9 erage under health insurance, such health 

10 insurance. 

11 (9) PUBLIC BENEFITS.—Beginning on the date 

12 of participation in the Dignity Program, the partici13 pant shall not avail himself or herself of any Federal 

14 means-tested benefits or entitlement programs. For 

15 purposes of this paragraph, any benefits received by 

16 a child or dependent that is a United States citizen 

17 living in the same household shall not be taken into 

18 account. 

19 (10) LEVY.—In addition to other taxes, there is 

20 hereby imposed on the income of every participant a 

21 tax equal to 2 percent of the wages (as defined in 

22 section 3121(a) of the Internal Revenue Code of 

23 1986) received by the individual with respect to em24 ployment (as defined in section 3121(b) the Internal 

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1 ply with the requirements of section 9512 of the In2 ternal Revenue Code of 1986. 

3 (11) EXEMPTION FROM CERTAIN PAYROLL

4 TAXES.—A participant shall not be liable for any tax 

5 under section 3101 or 3102 of the Internal Revenue 

6 Code of 1986. 

7 (c) VIOLATIONS.—If a participant violates a condi8 tion under subsection (b), the Secretary may at the Sec9 retary’s discretion, waive enforcement of minor violations 

10 including late fees, take extenuating circumstances into ef11 fect, or consider factors of undue hardship, but in all other 

12 cases, the Secretary shall initiate removal proceedings. In 

13 such proceedings, the immigration judge may make a de14 termination as to whether to order removal or to issue an 

15 order modifying the conditions of that participant’s par16 ticipation in the Dignity Program. 

17 SEC. 4005. COMPLETION. 

18 (a) IN GENERAL.—Upon satisfying the conditions set 

19 forth in subsection (b) and thereby successfully completing 

20 the Dignity Program, and subject to sections 1151 and 

21 6115 of division A of this Act, the participant may 

22 choose— 

23 (1) to receive a visa or status under this sec24 tion; or 


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1 (2) to register for the Redemption Program 

2 under subtitle B. 

3 (b) COMPLETION.—The conditions set forth in this 

4 subsection for successful completion of the Dignity Pro5 gram are as follows: 

6 (1) Compliance with all requirements of sub7 section (b)(1). 

8 (2) Compliance with all requirements of sub9 section (b)(2). 

10 (3) Compliance with the requirement of sub11 section (b)(3) for the entire period of the participa12 tion in the Dignity Program. 

13 (c) DIGNITY VISA.—The visa or status under this 

14 section— 

15 (1) shall be valid for a period of 5 years; 

16 (2) may be renewed any number of times; 

17 (3) shall provide the alien with— 

18 (A) lawful status as a nonimmigrant; 

19 (B) authorization for employment; and 

20 (C) the ability to reenter the United States 

21 any number of times; and 

22 (4) shall preclude the alien from adjusting to 

23 any other status. 


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1 (d) REDEMPTION PROGRAM.—Upon renewal of a visa 

2 under this section, an applicant may choose to register for 

3 the Redemption Program under subtitle B. 

4 Subtitle B—Redemption Program 

5 SEC. 4101. ESTABLISHMENT. 

6 (a) ESTABLISHMENT.—There is established a pro7 gram, to be known as the ‘‘Redemption Program’’, under 

8 which eligible applicants may acquire conditional redemp9 tion status, and shall be authorized to apply for lawful 

10 permanent residency under the immigration laws in ac11 cordance with section 4103. Such status shall be valid for 

12 a period of 5 years, and may be renewed any number of 

13 times. 

14 (b) ELIGIBILITY.—To be eligible to apply under the 

15 Redemption Program, an applicant shall be an alien who 

16 has successfully completed the Dignity Program under 

17 subtitle A. 

18 (c) STATUS.—In the case of an alien who is an eligi19 ble applicant granted conditional redemption status under 

20 this section, the alien— 

21 (1) may not be removed or return the alien to 

22 the alien’s country of nationality or, in the case of 

23 a person having no nationality, the country of the 

24 alien’s last habitual residence; 


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1 (2) shall be authorized to engage in employ2 ment in the United States and be provided with ap3 propriate endorsement of that authorization; and 

4 (3) may be allowed the alien to travel abroad 

5 with prior consent. 

6 (d) CONDITIONALITY.—Conditional redemption sta7 tus does not convey a right to remain permanently in the 

8 United States, and may be terminated if it is determined 

9 that the alien has violated any condition set forth under 

10 section 4102. 

11 SEC. 4102. CONDITIONS. 

12 An alien receiving conditional status under section 

13 4101 shall comply with the following: 

14 (1) The alien shall report to the Secretary of 

15 Homeland Security every 20 months. 

16 (2) The alien shall maintain an accurate record 

17 with the Secretary of the following: 

18 (A) The alien’s place of residence. 

19 (B) Testimony regarding good standing 

20 within the community. 

21 (3) The alien shall complete either of the fol22 lowing: 

23 (A) Payment of additional fees of $2,500 

24 upon each report under paragraph (1), but not 

25 to exceed a total of $7,500; or 


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1 (B) Certification that the alien has com2 pleted such community service requirement as 

3 the Secretary may establish, consistent with the 

4 following: 

5 (i) Not less than 200 hours of com6 munity service shall be required. 

7 (ii) The community service may be 

8 completed with the National Service Corps 

9 or with other, local community service pro10 viders, as the Secretary determines appro11 priate. 

12 (4) The alien has learned English. 

13 (5) The alien has learned United States civics. 

14 SEC. 4103. COMPLETION AND REMOVAL OF CONDITIONAL 

15 STATUS. 

16 If an alien maintains compliance with the require17 ments of this section for a period of 5 years beginning 

18 on the date that the alien’s application for participation 

19 in the Redemption Program is approved, then that alien 

20 shall be eligible to apply for adjustment of status to that 

21 of a lawful permanent resident, except that the alien’s sta22 tus granted under section 4101 may not be extended un23 less the alien demonstrates that the alien satisfies the re24 quirements under section 312(a) of the Immigration and 

25 Nationality Act (8 U.S.C. 1423(a)). 


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1 Subtitle C—Contribution to 

2 American Workers 

3 SEC. 4200. PURPOSE. 

4 This subtitle shall direct restitution payments from 

5 the Dignity and Redemption programs to be disbursed to 

6 American workers through promoting apprenticeships and 

7 other work-based learning programs for small and me8 dium-sized businesses within in-demand industry sectors, 

9 through the establishment and support of industry or sec10 tor partnerships. 

11 SEC. 4201. AVAILABILITY OF FUNDS. 

12 From funds paid by restitution under title IV of divi13 sion B of the Dignity for Immigrants while Guarding our 

14 Nation to Ignite and Deliver the American Dream Act and 

15 available under section 286(s)(2) of the Immigration and 

16 Nationality Act (8 U.S.C. 1356(s)(2)), the Secretary shall 

17 carry out this Act. 

18 SEC. 4202. CONFORMING AMENDMENTS. 

19 (a) AMERICAN COMPETITIVENESS AND WORKFORCE

20 IMPROVEMENT ACT OF 1998.—Section 414(c) of the 

21 American Competitiveness and Workforce Improvement 

22 Act of 1998 (29 U.S.C. 2916a) is repealed. 

23 (b) IMMIGRATION AND NATIONALITY ACT.—Section 

24 286(s)(2) of the Immigration and Nationality Act (8 

25 U.S.C. 1356(s)(2)) is amended to read as follows: 


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1 ‘‘(2) USE OF FEES FOR WORK-BASED LEARNING

2 PROGRAMS.—90 percent of amounts deposited into 

3 the H–1B Nonimmigrant Petitioner Account pursu4 ant to the Dignity for Immigrants while Guarding 

5 our Nation to Ignite and Deliver the American 

6 Dream Act shall remain available to the Secretary of 

7 Labor until expended to carry out the Dignity for 

8 Immigrants while Guarding our Nation to Ignite 

9 and Deliver the American Dream Act.’’. 

10 PART 1—PROMOTING APPRENTICESHIPS 

11 THROUGH REGIONAL TRAINING NETWORKS 

12 SEC. 4301. DEFINITIONS. 

13 In this Act: 

14 (1) ELIGIBLE PARTNERSHIP.—The term ‘‘eligi15 ble partnership’’ means an industry or sector part16 nership as defined in section 3 of the Workforce In17 novation and Opportunity Act (29 U.S.C. 3102) that 

18 submits and obtains approval of an application con19 sistent with section 5(c). 

20 (2) IN-DEMAND INDUSTRY SECTOR.—The term 

21 ‘‘in-demand industry sector’’ means a sector de22 scribed in subparagraphs (A)(i) and (B) of section 

23 3(23) of the Workforce Innovation and Opportunity 

24 Act (29 U.S.C. 3102(23)). 


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1 (3) LOCAL OR REGIONAL.—The term ‘‘local or 

2 regional’’, used with respect to an entity, means that 

3 the entity provides services in, respectively, a local 

4 area or region. 

5 (4) WORKFORCE TERMS.—The terms ‘‘Gov6 ernor’’, ‘‘individual with a barrier to employment’’, 

7 ‘‘industry or sector partnership’’, ‘‘local area’’, ‘‘local 

8 board’’, ‘‘State board’’, ‘‘outlying area’’, ‘‘recognized 

9 postsecondary credential’’, ‘‘region’’, ‘‘State’’, and 

10 ‘‘supportive services’’, used with respect to activities 

11 supported under this Act, have the meanings given 

12 the terms in section 3 of the Workforce Innovation 

13 and Opportunity Act (29 U.S.C. 3102). 

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

15 the Secretary of Labor. 

16 SEC. 4302. ALLOTMENTS TO STATES. 

17 (a) RESERVATION.—Of the amounts available for this 

18 Act under section 4, the Secretary may reserve— 

19 (1) not more than 5 percent of those amounts 

20 for the costs of technical assistance and Federal ad21 ministration of this Act; 

22 (2) not more than 2 percent of those amounts 

23 for the costs of evaluations conducted under section 

24 8(b); and 


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(3) not more than 1 1 ⁄4 of 1 percent of such 

2 amounts to provide assistance to the outlying areas. 

3 (b) ALLOTMENTS.— 

4 (1) IN GENERAL.—Of the amounts available for 

5 this Act under section 4 that remain after the Sec6 retary makes the reservations under subsection (a), 

7 the Secretary shall, for the purpose of supporting 

8 (which may include assistance in establishing ex9 panded) local or regional eligible partnerships to 

10 support work-based learning programs under this 

11 Act, make allotments to eligible States in accordance 

12 with clauses (ii) through (v) of section 132(b)(1)(B) 

13 of the Workforce Innovation and Opportunity Act 

14 (29 U.S.C. 3162(b)(1)(C)), subject to paragraph 

15 (2). 

16 (2) APPLICATION.—For purposes of applying 

17 the clauses described in paragraph (1), under para18 graph (1), the Secretary— 

19 (A) shall not apply subclauses (I) and (III) 

20 of clause (iv) with respect to the first fiscal year 

21 after the date of enactment of this Act; 

22 (B) shall apply clause (iv)(II) by sub23 stituting ‘‘0.5 percent of the remaining amounts 

24 described in paragraph (1)’’ for the total de25 scribed in that clause; 


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1 (C) shall not apply clause (iv)(IV); 

2 (D) shall apply clause (v)(II) by sub3 stituting the term ‘‘allotment percentage’’, used 

4 with respect to the second full fiscal year after 

5 the date of enactment of this Act, or a subse6 quent fiscal year, means a percentage of the re7 maining amounts described in paragraph (1) 

8 that is received through an allotment made 

9 under this subsection for the fiscal year for the 

10 two sentences in that clause; and 

11 (E) shall apply clause (v)(III) by sub12 stituting ‘‘a work-based learning program car13 ried out under this Act’’ for ‘‘a program of 

14 workforce investment activities carried out 

15 under this subtitle’’. 

16 (3) USE OF UNALLOTTED FUNDS.—If a State 

17 fails to meet the requirements for an allotment 

18 under this subsection, the Secretary may allot funds 

19 that are not allotted under paragraphs (1) and (2) 

20 to eligible States under a formula based on the for21 mula specified in section 132(c) of the Workforce In22 novation and Opportunity Act (29 U.S.C. 3173(c)). 

23 (4) DEFINITION.—In this subsection, the term 

24 ‘‘eligible State’’ means a State that meets the re25 quirements of section 102 or 103 of the Workforce 


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1 Innovation and Opportunity Act (29 U.S.C. 3112, 

2 3113) and subsection (c). 

3 (c) STATE ELIGIBILITY.—To be eligible to receive an 

4 allotment under subsection (b), a State, in consultation 

5 with State boards and local boards, shall submit an appli6 cation to the Secretary, at such time, in such manner, and 

7 containing a description of the activities to be carried out 

8 with the grant funds. At a minimum, the application shall 

9 include information on— 

10 (1) the local or regional industry or sector part11 nerships that will be supported, including the lead 

12 partners for the partnerships, and how the partner13 ships will work to engage small and medium-sized 

14 businesses, as applicable, in the activities of the 

15 partnerships; 

16 (2) the in-demand industry sectors that will be 

17 served, including how such industry sectors were 

18 identified, and how the activities of the partnerships 

19 will align with State, regional, and local plans as re20 quired under title I of the Workforce Innovation and 

21 Opportunity Act (29 U.S.C. 3111 et seq.); 

22 (3) the apprenticeship programs or other work23 based learning programs to be supported though the 

24 partnerships; 


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1 (4) the populations that will receive services, in2 cluding individuals with barriers to employment and 

3 populations that were historically underrepresented 

4 in the industry sectors to be served through the 

5 partnerships; 

6 (5) the services, including business engagement, 

7 classroom instruction, and support services (includ8 ing at least 6 months of post-employment support 

9 services), that will be supported through the grant 

10 funds; 

11 (6) the recognized postsecondary credentials 

12 that workers will obtain through participation in the 

13 program and the quality of the program that leads 

14 to the credentials; 

15 (7) levels of performance to be achieved on the 

16 performance indicators described in section 8, to 

17 measure progress towards expanding work-based 

18 learning programs; 

19 (8) how local or regional partnerships will lever20 age additional resources, including funding provided 

21 under title I of the Workforce Innovation and Op22 portunity Act (29 U.S.C. 3111 et seq.) and non23 Federal resources, to support the activities carried 

24 out under this Act; and 


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1 (9) such other subjects as the Secretary may 

2 require. 

3 (d) REVIEW OF APPLICATIONS.—The Secretary shall 

4 review applications submitted under subsection (c) in con5 sultation with the Secretary of Education and the Sec6 retary of Health and Human Services. 

7 SEC. 4303. GRANTS TO PARTNERSHIPS. 

8 (a) GRANTS.— 

9 (1) IN GENERAL.—The Governor of a State 

10 that receives an allotment under section 5 shall use 

11 the funds made available through the allotment and 

12 not reserved under subsection (d) to award grants to 

13 eligible partnerships. The Governor shall award the 

14 grants for the purpose of assisting (which may in15 clude establishing or expanding) local or regional in16 dustry or sector partnerships that are identified in 

17 the application submitted under section 5(c), to 

18 carry out activities described in section 7. 

19 (2) PERIOD OF GRANT.—A State may make a 

20 grant under this section for a period of 3 years. 

21 (3) AVAILABILITY OF FUNDS.—The Governor of 

22 a State that receives an allotment under section 5 

23 for a fiscal year may use the funds made available 

24 through the allotment during that year or the 2 sub25 sequent fiscal years. 


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1 (b) ELIGIBILITY.—To be eligible to receive a grant 

2 under this section, an industry or sector partnership de3 scribed in subsection (a)(1) shall— 

4 (1) submit an application to the State at such 

5 time, in such manner, and containing such informa6 tion as the State may require; and 

7 (2) designate a partner in the industry or sector 

8 partnership, to serve as the fiscal agent for purposes 

9 of the grant. 

10 (c) AWARDS OF GRANTS.— 

11 (1) PARTICIPATION IN MULTIPLE ELIGIBLE

12 PARTNERSHIPS.—Subject to paragraph (2), a State 

13 may award grants under this section in a way that 

14 results in an entity being represented in more than 

15 one partnership that receives such a grant. 

16 (2) GEOGRAPHIC DIVERSITY.—In making the 

17 grants, a State shall ensure that there is geographic 

18 diversity in the areas in which activities will be car19 ried out under the grants. 

20 (d) ADMINISTRATION.—The State may reserve not 

21 more than 5 percent of the amount of an allotment under 

22 section 5 for the administration of the grants awarded 

23 under this section. 


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1 SEC. 4304. USE OF FUNDS. 

2 (a) IN GENERAL.—An eligible partnership that re3 ceives a grant under section 6 shall use the grant funds 

4 to support apprenticeships or other work-based learning 

5 programs. The eligible partnership shall use the grant 

6 funds to support the activities described in subsections (b) 

7 and (c) and such other strategies as may be necessary to 

8 support the development and implementation of work9 based learning programs, and participant retention in and 

10 completion of those programs. The partnership may use 

11 the grant funds to establish or expand eligible partner12 ships. 

13 (b) BUSINESS ENGAGEMENT.—The eligible partner14 ship shall use grant funds to provide services to engage 

15 businesses in work-based learning programs, which may 

16 include assisting a small or medium-sized business with— 

17 (1) the navigation of the registration process 

18 for a sponsor of an apprenticeship program; 

19 (2) the connection of the business with an edu20 cation provider to develop classroom instruction to 

21 complement on-the-job learning; 

22 (3) the development of a curriculum for a work23 based learning program; 

24 (4) the employment of workers in a work-based 

25 learning program for a transitional period before the 


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1 business hires an individual for continuing employ2 ment; 

3 (5) the provision of training to managers and 

4 front-line workers to serve as trainers or mentors to 

5 workers in the work-based learning program; 

6 (6) the provision of career awareness activities; 

7 and 

8 (7) the recruitment of individuals to participate 

9 in a work-based learning program from individuals 

10 receiving additional workforce and human services, 

11 including— 

12 (A) workers in programs under the Work13 force Innovation and Opportunity Act (29 

14 U.S.C. 3101 et seq.); 

15 (B) recipients of assistance through the 

16 supplemental nutrition assistance program es17 tablished under the Food and Nutrition Act of 

18 2008 (7 U.S.C. 2011 et seq.); and 

19 (C) recipients of assistance through the 

20 program of block grants to States for tem21 porary assistance for needy families established 

22 under part A of title IV of the Social Security 

23 Act (42 U.S.C. 601 et seq.). 

24 (c) SUPPORT SERVICES FOR WORKERS.— 


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1 (1) IN GENERAL.—The eligible partnership 

2 shall use grant funds to provide support services for 

3 workers to assure their success in work-based learn4 ing programs, which may include— 

5 (A) connection of individuals with adult 

6 basic education during pre-work-based learning 

7 or training, and during the period of employ8 ment; 

9 (B) connection of individuals with pre10 work-based learning or training, including 

11 through a pre-apprenticeship program; 

12 (C) provision of additional mentorship and 

13 retention supports for individuals pre-work14 based learning or training, and during the pe15 riod of employment; 

16 (D) provision of tools, work attire, and 

17 other required items necessary to start employ18 ment pre-work-based learning or training, and 

19 during the period of employment; and 

20 (E) provision of transportation, child care 

21 services, or other support services pre-work22 based learning or training, and during the pe23 riod of employment. 

24 (2) LENGTH OF SERVICES.—Each eligible part25 nership shall provide support services for workers for 


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1 not less than 12 months after the date of placement 

2 of an individual in a work-based learning program. 

3 That 12-month period shall include a period of pre4 work-based learning or training, a transitional pe5 riod of employment as described in subsection 

6 (b)(4), and a period of continuing employment. 

7 SEC. 4305. PERFORMANCE AND ACCOUNTABILITY. 

8 (a) LOCAL REPORTS.—Not later than 1 year after 

9 receiving a grant under section 6, and annually thereafter, 

10 each eligible partnership in a State shall conduct an eval11 uation and submit to the State a local report containing 

12 information on— 

13 (1) levels of performance achieved by the eligi14 ble partnership with respect to the performance indi15 cators under section 116(b)(2)(A) of the Workforce 

16 Innovation and Opportunity Act (29 U.S.C. 

17 3141(b)(2)(A))— 

18 (A) for all workers in the work-based 

19 learning program involved; and 

20 (B) for all such workers, disaggregated by 

21 each population specified in section 3(24) of the 

22 Workforce Innovation and Opportunity Act (29 

23 U.S.C. 3102(24)) and by race, ethnicity, sex, 

24 and age; and 


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1 (2) levels of performance achieved by the eligi2 ble partnership with respect to the performance indi3 cators under that section 116(b)(2)(A)— 

4 (A) for individuals with barriers to employ5 ment in the work-based learning program in6 volved; and 

7 (B) for all such individuals, disaggregated 

8 by each population specified in section 3(24) of 

9 the Workforce Innovation and Opportunity Act 

10 and by race, ethnicity, sex, and age. 

11 (b) STATE REPORTS.—Not later than 24 months 

12 after receiving initial local reports under subsection (a) 

13 (but in no case less than 18 months after the cor14 responding grants are awarded) and annually thereafter, 

15 the State shall conduct an evaluation and submit a report 

16 to the Secretary containing— 

17 (1) the information provided by the eligible 

18 partnerships through the local reports; and 

19 (2) the State level of performance, aggregated 

20 across all eligible partnerships, with respect to the 

21 performance indicators described in subsection (a). 


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1 PART 2—HIGH-DEMAND CAREERS 

2 SEC. 4401. GRANTS FOR ACCESS TO HIGH-DEMAND CA3 REERS. 

4 (a) PURPOSE.—The purpose of this section is to ex5 pand student access to, and participation in, new industry6 led earn-and-learn programs leading to high-wage, high7 skill, and high-demand careers. 

8 (b) AUTHORIZATION OF APPRENTICESHIP GRANT

9 PROGRAM.— 

10 (1) IN GENERAL.—From the amounts provided 

11 under this title, the Secretary shall award grants, on 

12 a competitive basis, to eligible partnerships for the 

13 purpose described in subsection (a). 

14 (2) DURATION.—The Secretary shall award 

15 grants under this section for a period of— 

16 (A) not less than 1 year; and 

17 (B) not more than 4 years. 

18 (3) LIMITATIONS.— 

19 (A) NUMBER OF AWARDS.—An eligible 

20 partnership or member of such partnership may 

21 not be awarded more than one grant under this 

22 section. 

23 (B) ADMINISTRATION COSTS.—An eligible 

24 partnership awarded a grant under this section 

25 may not use more than 5 percent of the grant 


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1 funds to pay administrative costs associated 

2 with activities funded by the grant. 

3 (c) MATCHING FUNDS.—To receive a grant under 

4 this section, an eligible partnership shall, through cash or 

5 in-kind contributions, provide matching funds from non6 Federal sources in an amount equal to or greater than 

7 50 percent of the amount of such grant. 

8 (d) APPLICATIONS.— 

9 (1) IN GENERAL.—To receive a grant under 

10 this section, an eligible partnership shall submit to 

11 the Secretary at such a time as the Secretary may 

12 require, an application that— 

13 (A) identifies and designates the business 

14 or institution of higher education responsible 

15 for the administration and supervision of the 

16 earn-and-learn program for which such grant 

17 funds would be used; 

18 (B) identifies the businesses and institu19 tions of higher education that comprise the eli20 gible partnership; 

21 (C) identifies the source and amount of the 

22 matching funds required under subsection (c); 

23 (D) identifies the number of students who 

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1 and-learn program within 1 year of the expira2 tion of the grant; 

3 (E) identifies the amount of time, not to 

4 exceed 2 years, required for students to com5 plete the program; 

6 (F) identifies the relevant recognized post7 secondary credential to be awarded to students 

8 who complete the program; 

9 (G) identifies the anticipated earnings of 

10 students— 

11 (i) 1 year after program completion; 

12 and 

13 (ii) 3 years after program completion; 

14 (H) describes the specific project for which 

15 the application is submitted, including a sum16 mary of the relevant classroom and paid struc17 tured on-the-job training students will receive; 

18 (I) describes how the eligible partnership 

19 will finance the program after the end of the 

20 grant period; 

21 (J) describes how the eligible partnership 

22 will support the collection of information and 

23 data for purposes of the program evaluation re24 quired under subsection (e); and 


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1 (K) describes the alignment of the pro2 gram with State identified in-demand industry 

3 sectors. 

4 (e) EVALUATION.— 

5 (1) IN GENERAL.—From the amounts provided 

6 under this title, the Secretary shall provide for the 

7 independent evaluation of the grant program estab8 lished under this section that includes the following: 

9 (A) The number of eligible individuals who 

10 participated in programs assisted under this 

11 section. 

12 (B) The percentage of program partici13 pants who are in unsubsidized employment dur14 ing the second quarter after exit from the pro15 gram. 

16 (C) The percentage of program partici17 pants who are in unsubsidized employment dur18 ing the fourth quarter after exit from the pro19 gram. 

20 (D) The median earnings of program par21 ticipants who are in unsubsidized employment 

22 during the second quarter after exit from the 

23 program. 


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1 (E) The percentage of program partici2 pants who obtain a recognized postsecondary 

3 credential during participation in the program. 

4 (2) PUBLICATION.—The evaluation required by 

5 this subsection shall be made publicly available on 

6 the website of the Department. 

7 (f) DEFINITIONS.—In this section: 

8 (1) EARN-AND-LEARN PROGRAM.—The term 

9 ‘‘earn-and-learn program’’ means an education pro10 gram, including an apprenticeship program, that 

11 provides students with structured, sustained, and 

12 paid on-the-job training and accompanying, for cred13 it, classroom instruction that— 

14 (A) is for a period of between 3 months 

15 and 2 years; and 

16 (B) leads to, on completion of the pro17 gram, a recognized postsecondary credential. 

18 (2) ELIGIBLE PARTNERSHIP.—The term ‘‘eligi19 ble partnership’’ shall mean a consortium that in20 cludes— 

21 (A) 1 or more businesses; and 

22 (B) 1 or more institutions of higher edu23 cation. 

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1 cupation’’ has the meaning given the term in section 

2 3 of the Workforce Innovation and Opportunity Act 

3 (29 U.S.C. 3102). 

4 (4) ON-THE-JOB TRAINING.—The term ‘‘on-the5 job training’’ has the meaning given the term in sec6 tion 3 of the Workforce Innovation and Opportunity 

7 Act (29 U.S.C. 3102). 

8 (5) RECOGNIZED POSTSECONDARY CREDEN9 TIAL.—The term ‘‘recognized postsecondary creden10 tial’’ has the meaning given the term in section 3 of 

11 the Workforce Innovation and Opportunity Act (29 

12 U.S.C. 3102). 

13 DIVISION C—IMPROVING THE H– 

14 2B NONIMMIGRANT WORKER 

15 PROGRAM 

16 SEC. 1001. SHORT TITLE. 

17 This division may be cited as the ‘‘H–2B Returning 

18 Worker Exception Act’’. 

19 SEC. 1002. DEFINITIONS. 

20 For purposes of this division: 

21 (1) The term ‘‘H–2B’’, when used with respect 

22 to a worker or other individual, refers an alien ad23 mitted or provided status as a nonimmigrant de24 scribed in section 101(a)(15)H)(ii)(b) of the Immi25 gration and Nationality Act (8 U.S.C. 


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1 1101(a)(15)(H)(ii)(b)). Such term, when used with 

2 respect to a petition, procedure, process, program, or 

3 visa, refers to a petition, procedure, process, pro4 gram, or visa related to admission or provision of 

5 status under such section. 

6 (2) The term ‘‘job order’’ means the document 

7 containing the material terms and conditions of em8 ployment, including obligations and assurances re9 quired under this division or any other law. 

10 (3) The term ‘‘United States worker’’ means 

11 any employee who is— 

12 (A) a national of the United States (as de13 fined in section 101(a)(22) of the Immigration 

14 and Nationality Act (8 U.S.C. 1101(a)(22))); or 

15 (B) an alien lawfully admitted for perma16 nent residence, is admitted as a refugee under 

17 section 207 of such Act (8 U.S.C. 1157), is 

18 granted asylum under section 208 of such Act 

19 (8 U.S.C. 1158), or is an immigrant otherwise 

20 authorized by the immigration laws (as defined 

21 in section 101(a)(17) of such Act (8 U.S.C. 

22 1101(a)(17))) or the Secretary of Homeland 

23 Security to be employed. 


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1 SEC. 1003. H–2B CAP RELIEF. 

2 (a) H–2B NUMERICAL LIMITATIONS.—Section 

3 214(g)(9)(A) of the Immigration and Nationality Act (8 

4 U.S.C. 1184(g)(9)(A)) is amended— 

5 (1) by striking ‘‘fiscal year 2013, 2014, or 

6 2015’’ and inserting ‘‘1 of the 3 preceding fiscal 

7 years’’; and 

8 (2) by striking ‘‘fiscal year 2016’’ and inserting 

9 ‘‘a fiscal year’’. 

10 (b) EFFECTIVE DATE.—The amendment made by 

11 subsection (a) shall take effect on October 1, 2021. If this 

12 section is enacted after such date, the amendment made 

13 by subsection (a) shall take effect as if enacted on such 

14 date. 

15 SEC. 1004. INCREASED SANCTIONS FOR WILLFUL MIS16 REPRESENTATION OR FAILURE TO MEET THE 

17 REQUIREMENTS FOR PETITIONING FOR AN 

18 H–2B WORKER. 

19 Section 214 of the Immigration and Nationality Act 

20 (8 U.S.C. 1184) is amended— 

21 (1) in subsection (c)(13)(B), by striking 

22 ‘‘$150’’ and inserting ‘‘$350’’; and 

23 (2) in subsection (c)(14)(A)(i), by striking 

24 ‘‘may, in addition to any other remedy authorized by 

25 law, impose such administrative remedies (including 

26 civil monetary penalties in an amount not to exceed 


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1 $10,000 per violation)’’ and inserting ‘‘shall impose 

2 civil monetary penalties in an amount of not less 

3 than $1,000 but not to exceed $10,000 per violation, 

4 in addition to any other remedy authorized by law, 

5 and may impose such other administrative rem6 edies’’. 

7 SEC. 1005. REDUCTION OF PAPERWORK BURDEN. 

8 (a) STREAMLINED H–2B PLATFORM.— 

9 (1) IN GENERAL.—Not later than 12 months 

10 after the date of the enactment of this division, the 

11 Secretary of Homeland Security, in consultation 

12 with the Secretary of Labor, the Secretary of State, 

13 and the Administrator of the United States Digital 

14 Service, shall ensure the establishment of an elec15 tronic platform through which employers may sub16 mit and request approval of an H–2B petition. Such 

17 platform shall— 

18 (A) serve as a single point of access for 

19 employers to input all information and sup20 porting documentation required for obtaining 

21 labor certification from the Secretary of Labor 

22 and the adjudication of the petition by the Sec23 retary of Homeland Security; 

24 (B) serve as a single point of access for the 

25 Secretary of Homeland Security, the Secretary 


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1 of Labor, the Secretary of State, and State 

2 workforce agencies concurrently to perform 

3 their respective review and adjudicatory respon4 sibilities in the petition process; 

5 (C) facilitate communication between em6 ployers and agency adjudicators, including by 

7 allowing employers to— 

8 (i) receive and respond to notices of 

9 deficiency and requests for information; 

10 (ii) receive notices of approval and de11 nial; and 

12 (iii) request reconsideration or appeal 

13 of agency decisions; and 

14 (D) provide information to the Secretary of 

15 State and the Secretary of Homeland Security 

16 necessary for the efficient and secure processing 

17 of H–2B visas and applications for admission. 

18 (2) OBJECTIVES.—In developing the platform 

19 described in paragraph (1), the Secretary of Home20 land Security, in consultation with the Secretary of 

21 Labor, the Secretary of State, and the Adminis22 trator of the United States Digital Service, shall 

23 make an effort to streamline and improve the H–2B 

24 process, including by— 


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1 (A) eliminating the need for employers to 

2 submit duplicate information and documenta3 tion to multiple agencies; 

4 (B) reducing common petition errors, and 

5 otherwise improving and expediting the proc6 essing of H–2B petitions; 

7 (C) ensuring compliance with H–2B pro8 gram requirements and the protection of the 

9 wages and working conditions of workers; and 

10 (D) eliminating unnecessary government 

11 waste. 

12 (3) ENHANCEMENT OF EXISTING PLATFORM.— 

13 If the Secretary of Homeland Security, the Sec14 retary of Labor, the Secretary of State, or the State 

15 workforce agencies already have an electronic plat16 form with respect to the H–2B process on the date 

17 of the enactment of this division, they shall enhance 

18 it as necessary so as to ensure that adjudication of 

19 an H–2B petition may be conducted electronically as 

20 specified in this section. 

21 (b) ONLINE JOB REGISTRY.—The Secretary of Labor 

22 shall maintain a publicly accessible online job registry and 

23 database of all job orders submitted by H–2B employers. 

24 The registry and database shall— 


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1 (1) be searchable using relevant criteria, includ2 ing the types of jobs needed to be filled, the dates 

3 and locations of need, and the employers named in 

4 the job order; 

5 (2) provide an interface for workers in English, 

6 Spanish, and any other language that the Secretary 

7 of Labor determines to be appropriate; and 

8 (3) provide for public access of job order certifi9 cations. 

10 SEC. 1006. WORKPLACE SAFETY. 

11 (a) WORKSITE SAFETY AND COMPLIANCE PLAN.— 

12 If the employer is seeking to employ an H–2B worker pur13 suant to this division and the Immigration and Nationality 

14 Act (8 U.S.C. 1101 et seq.), the employer shall maintain 

15 an effective worksite safety and compliance plan to ensure 

16 safety and reduce workplace illnesses, injuries and fatali17 ties. Such plan shall— 

18 (1) be in writing in English and, to the extent 

19 necessary, any language common to a significant 

20 portion of the workers if they are not fluent in 

21 English; and 

22 (2) be posted at a conspicuous location at the 

23 worksite and provided to employees prior to the com24 mencement of labor or services. 


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1 (b) CONTENTS OF PLAN.—The Secretary of Labor 

2 shall establish by regulation the minimum requirements 

3 for the plan described in subsection (a). Such plan shall 

4 include measures to— 

5 (1) protect against sexual harassment and vio6 lence, resolve complaints involving harassment or vi7 olence, and protect against retaliation against work8 ers reporting harassment or violence; and 

9 (2) contain other provisions necessary for en10 suring workplace safety. 

11 SEC. 1007. FOREIGN LABOR RECRUITING; PROHIBITION ON 

12 FEES. 

13 (a) FOREIGN LABOR RECRUITING.—If an employer 

14 has engaged any foreign labor contractor or recruiter (or 

15 any agent of such a foreign labor contractor or recruiter) 

16 in the recruitment of H–2B workers, the employer shall 

17 disclose the identity and geographic location of such per18 son or entity to the Secretary of Labor in accordance with 

19 the regulations of the Secretary. 

20 (b) PROHIBITION AGAINST EMPLOYEES PAYING

21 FEES.—Neither the employer nor its agents shall seek or 

22 receive payment of any kind from any worker for any ac23 tivity related to the H–2B petition process, including pay24 ment of the employer’s attorneys’ fees, application fees, 

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1 ceive reimbursement for costs that are the responsibility, 

2 and primarily for the benefit, of the worker, such as gov3 ernment-required passport fees. 

4 (c) THIRD PARTY CONTRACTS.—The employer shall 

5 contractually forbid any foreign labor contractor or re6 cruiter (or any agent of a foreign labor contractor or re7 cruiter) who the employer engages, either directly or indi8 rectly, in the recruitment of H–2B workers to seek or re9 ceive payments or other compensation from prospective 

10 employees. Upon learning that a foreign labor contractor 

11 or recruiter has collected such payments, the employer 

12 shall terminate any contracts with the foreign labor con13 tractor or recruiter. 

14 SEC. 1008. PROGRAM INTEGRITY MEASURES. 

15 (a) ENFORCEMENT AUTHORITY.—With respect to 

16 the H–2B program, the Secretary of Labor is authorized 

17 to take such actions against employers, including imposing 

18 appropriate penalties and seeking monetary and injunctive 

19 relief and specific performance of contractual obligations, 

20 as may be necessary to ensure compliance with— 

21 (1) the requirements of this division and the 

22 Immigration and Nationality Act (8 U.S.C. 1101 et 

23 seq.); and 

24 (2) the applicable terms and conditions of em25 ployment. 


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1 (b) COMPLAINT PROCESS.— 

2 (1) PROCESS.—With respect to the H–2B pro3 gram, the Secretary of Labor shall establish a proc4 ess for the receipt, investigation, and disposition of 

5 complaints alleging failure of an employer to comply 

6 with— 

7 (A) the requirements of this division and 

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

9 1101 et seq.); and 

10 (B) the applicable terms and conditions of 

11 employment. 

12 (2) FILING.—Any aggrieved person or organiza13 tion, including a bargaining representative, may file 

14 a complaint referred to in paragraph (1) not later 

15 than 2 years after the date of the conduct that is 

16 the subject of the complaint. 

17 (3) COMPLAINT NOT EXCLUSIVE.—A complaint 

18 filed under this subsection is not an exclusive rem19 edy and the filing of such a complaint does not 

20 waive any rights or remedies of the aggrieved party 

21 under this law or other laws. 

22 (4) DECISION AND REMEDIES.—If the Sec23 retary of Labor finds, after notice and opportunity 

24 for a hearing, that the employer failed to comply 

25 with the requirements of this division, the ImmigraVerDate Sep 11 2014 04:01 Mar 04, 2022 Jkt 000000 PO 00000 Frm 00404 Fmt 6652 Sfmt 6201 E:\BILLS\H6637.IH H6637

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1 tion and Nationality Act (8 U.S.C. 1101 et seq.), or 

2 the terms and conditions of employment, the Sec3 retary of Labor shall require payment of unpaid 

4 wages, unpaid benefits, damages, and civil money 

5 penalties. The Secretary is also authorized to impose 

6 other administrative remedies, including disqualifica7 tion of the employer from utilizing the H–2B pro8 gram for a period of up to 5 years in the event of 

9 willful or multiple material violations. The Secretary 

10 is authorized to permanently disqualify an employer 

11 from utilizing the H–2B program upon a subsequent 

12 finding involving willful or multiple material viola13 tions. 

14 (5) DISPOSITION OF PENALTIES.—To the ex15 tent provided in advance in appropriations Acts, civil 

16 penalties collected under this subsection shall be 

17 used by the Secretary of Labor for the administra18 tion and enforcement of the provisions of this sec19 tion. 

20 (6) STATUTORY CONSTRUCTION.—Nothing in 

21 this subsection may be construed as limiting the au22 thority of the Secretary of Labor to conduct an in23 vestigation in the absence of a complaint. 

24 (7) RETALIATION PROHIBITED.—It is a viola25 tion of this subsection for any person to intimidate, 


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1 threaten, restrain, coerce, blacklist, discharge, or in 

2 any other manner discriminate against, or to cause 

3 any person to intimidate, threaten, restrain, coerce, 

4 blacklist, or in any manner discriminate against, an 

5 employee, including a former employee or an appli6 cant for employment, because the employee— 

7 (A) has disclosed information to the em8 ployer, or to any other person, that the em9 ployee reasonably believes evidences a violation 

10 of the immigration laws relating to the H–2B 

11 program, or any rule or regulation relating to 

12 such program; 

13 (B) has filed a complaint concerning the 

14 employer’s compliance with the immigration 

15 laws relating to the H–2B program, or any rule 

16 or regulation relating to such program; 

17 (C) cooperates or seeks to cooperate in an 

18 investigation or other proceeding concerning the 

19 employer’s compliance with the immigration 

20 laws relating to the H–2B program, or any rule 

21 or regulation relating to such program; or 

22 (D) has taken steps to exercise or assert 

23 any right or protection under the provisions of 

24 this section, or any rule or regulation pertaining 


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1 to this section, or any other relevant Federal, 

2 State, or local law. 

3 (c) INTERAGENCY COMMUNICATION.—The Secretary 

4 of Labor, in consultation with the Secretary of Homeland 

5 Security, the Secretary of State and the Equal Employ6 ment Opportunity Commission, shall establish mecha7 nisms by which the agencies and their components share 

8 information, including by public electronic means, regard9 ing complaints, studies, investigations, findings and rem10 edies regarding compliance by employers with the require11 ments of the H–2B program and other employment-re12 lated laws and regulations. 

13 SEC. 1009. PROGRAM ELIGIBILITY. 

14 (a) IN GENERAL.—A petition filed by an employer 

15 under subsection (c)(1) initially to grant an alien non16 immigrant status under section 101(a)(15)(H)(ii)(b) of 

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

18 1101(a)(15)(H)(ii)(b)), or to extend or change to such sta19 tus, may be approved only for nationals of countries that 

20 the Secretary of Homeland Security has designated as 

21 participating countries, with the concurrence of the Sec22 retary of State, in a notice published in the Federal Reg23 ister, taking into account for each such country factors, 

24 including— 


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1 (1) the fraud rate relating to petitions under 

2 section 101(a)(15)(H)(ii) of such Act (8 U.S.C. 

3 1101(a)(15)(H)(ii)) filed for by nationals of the 

4 country and visa applications under such section 

5 filed by nationals of the country; 

6 (2) the denial rate of visa applications under 

7 such section 101(a)(15)(H)(ii) filed by nationals of 

8 the country; 

9 (3) the overstay rate of nationals of the country 

10 who were admitted to the United States under such 

11 section 101(a)(15)(H)(ii); 

12 (4) the number of nationals of the country who 

13 were admitted to the United States under such sec14 tion 101(a)(15)(H)(ii) and who were reported by 

15 their employers to— 

16 (A) have failed to report to work within 5 

17 workdays of the employment start date on the 

18 petition or within 5 workdays of the date on 

19 which the worker is admitted into the United 

20 States pursuant to the petition, whichever is 

21 later; or 

22 (B) have not reported for work for a pe23 riod of 5 consecutive workdays without the con24 sent of the employer; 


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1 (5) the number of final and unexecuted orders 

2 of removal against citizens, subjects, nationals, and 

3 residents of the country; and 

4 (6) such other factors as may serve the United 

5 States interest. 

6 (b) LIMITATION.—A country may not be included on 

7 the list described in subsection (a) if the country denies 

8 or unreasonably delays the repatriation of aliens who are 

9 subject to a final order of removal and who are citizens, 

10 subjects, nationals or residents of that country. 

11 (c) STATISTICS.—The Secretary of Homeland Secu12 rity shall include in the notice described in subsection (a), 

13 for each country included in the list of participating coun14 tries, the statistics referenced in paragraphs (1) through 

15 (5) of that subsection, if available, for the immediately 

16 preceding fiscal year. 

17 (d) NATIONAL FROM A COUNTRY NOT ON THE

18 LIST.—A national from a country not on the list described 

19 in subsection (a) may be a beneficiary of an approved peti20 tion under such section 101(a)(15)(H)(ii) upon the re21 quest of a petitioner or potential petitioner, if the Sec22 retary of Homeland Security, in his sole and unreviewable 

23 discretion, determines that it is in the United States inter24 est for that alien to be a beneficiary of such petition. DeVerDate Sep 11 2014 04:01 Mar 04, 2022 Jkt 000000 PO 00000 Frm 00409 Fmt 6652 Sfmt 6201 E:\BILLS\H6637.IH H6637

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1 termination of such a United States interest will take into 

2 account factors, including but not limited to— 

3 (1) evidence from the petitioner demonstrating 

4 that a worker with the required skills is not available 

5 from among foreign workers from a country cur6 rently on the list described in subsection (a); 

7 (2) evidence that the beneficiary has been ad8 mitted to the United States previously in status 

9 under such section 101(a)(15)(H)(ii); 

10 (3) the potential for abuse, fraud, or other 

11 harm to the integrity of the visa program under 

12 such section 101(a)(15)(H)(ii) through the potential 

13 admission of a beneficiary from a country not cur14 rently on the list; and 

15 (4) such other factors as may serve the United 

16 States interest. 

17 (e) DURATION.—Once published, any designation of 

18 participating countries pursuant to subsection (a) shall be 

19 effective for one year after the date of publication in the 

20 Federal Register and shall be without effect at the end 

21 of that one-year period. 

22 SEC. 1010. H–2B EMPLOYER NOTIFICATION REQUIREMENT. 

23 (a) IN GENERAL.—An employer of one or more H– 

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1 tronic notification, in the manner prescribed by the Sec2 retary of Homeland Security, of the following events: 

3 (1) Such a worker fails to report to work within 

4 5 workdays of the employment start date on the pe5 tition or within 5 workdays of the date on which the 

6 worker is admitted into the United States pursuant 

7 to the petition, whichever is later. 

8 (2) The labor or services for which such a work9 er was hired is completed more than 30 days earlier 

10 than the employment end date stated on the peti11 tion. 

12 (3) The employment of such a worker is termi13 nated prior to the completion of labor or services for 

14 which he or she was hired. 

15 (4) Such a worker has not reported for work 

16 for a period of 5 consecutive workdays without the 

17 consent of the employer. 

18 (b) EVIDENCE.—An employer shall retain evidence of 

19 a notification described in subsection (a) and make it 

20 available for inspection by officers of the Department of 

21 Homeland Security for a 1-year period beginning on the 

22 date of the notification. 

23 (c) PENALTY.—The Secretary shall impose civil mon24 etary penalties, in an amount not less than $500 per viola25 tion and not to exceed $1,000 per violation, as the SecVerDate Sep 11 2014 04:01 Mar 04, 2022 Jkt 000000 PO 00000 Frm 00411 Fmt 6652 Sfmt 6201 E:\BILLS\H6637.IH H6637

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1 retary determines to be appropriate, for each instance 

2 where the employer cannot demonstrate that it has com3 plied with the notification requirements, unless, in the 

4 case of an untimely notification, the employer dem5 onstrates with such notification that good cause existed 

6 for the untimely notification, and the Secretary of Home7 land Security, in the Secretary’s discretion, waives such 

8 penalty. 

9 (d) PROCESS.—If the Secretary has determined that 

10 an employer has violated the notification requirements in 

11 subsection (a), the employer shall be given written notice 

12 and 30 days to reply before being given written notice of 

13 the assessment of the penalty. 

14 (e) FAILURE TO PAY PENALTY.—If a penalty de15 scribed in subsection (c) is not paid within 10 days of as16 sessment, no nonimmigrant or immigrant petition may be 

17 processed for that employer, nor may that employer con18 tinue to employ nonimmigrants, until such penalty is paid. 

19 SEC. 1011. AUTHORIZATION OF APPROPRIATIONS. 

20 There are authorized to be appropriated for fiscal 

21 year 2022 and each fiscal year thereafter such sums as 

22 may be necessary for the purposes of— 

23 (1) recruiting United States workers for labor 

24 or services which might otherwise be performed by 

25 H–2B workers, including by ensuring that State 


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1 workforce agencies are sufficiently funded to fulfill 

2 their functions under the H–2B program; 

3 (2) enabling the Secretary of Labor to make de4 terminations and certifications under the H–2B pro5 gram in accordance with this division and the Immi6 gration and Nationality Act (8 U.S.C. 1101 et seq.), 

7 including the operation of the publicly accessible on8 line job registry and database of job orders described 

9 in section 1005(b) of this division; and 

10 (3) monitoring the terms and conditions under 

11 which H–2B workers (and United States workers 

12 employed by the same employers) are employed in 

13 the United States. 

14 DIVISION D—AMERICAN 

15 AGRICULTURE DOMINANCE ACT 

16 SEC. 1. SHORT TITLE; TABLE OF CONTENTS. 

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

18 ‘‘American Agriculture Dominance Act’’. 

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

20 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—SECURING THE DOMESTIC AGRICULTURAL WORKFORCE 

Subtitle A—Status for Certified Agricultural Workers 

Sec. 101. Certified agricultural worker status. 

Sec. 102. Terms and conditions of certified status. 

Sec. 103. Extensions of certified status. 

Sec. 104. Determination of continuous presence. 

Sec. 105. Employer obligations. 

Sec. 106. Administrative and judicial review. 


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Subtitle B—Optional Earned Residence for Long-Term Workers 

Sec. 111. Optional adjustment of status for long-term agricultural workers. 

Sec. 112. Payment of taxes. 

Sec. 113. Adjudication and decision; review. 

Subtitle C—General Provisions 

Sec. 121. Definitions. 

Sec. 122. Rulemaking; fees. 

Sec. 123. Background checks. 

Sec. 124. Protection for children. 

Sec. 125. Limitation on removal. 

Sec. 126. Documentation of agricultural work history. 

Sec. 127. Employer protections. 

Sec. 128. Correction of Social Security records; conforming amendments. 

Sec. 129. Disclosures and privacy. 

Sec. 130. Penalties for false statements in applications. 

Sec. 131. Dissemination of information. 

Sec. 132. Exemption from numerical limitations. 

Sec. 133. Reports to Congress. 

Sec. 134. Grant program to assist eligible applicants. 

Sec. 135. Authorization of appropriations. 

TITLE II—ENSURING AN AGRICULTURAL WORKFORCE FOR THE 

FUTURE 

Subtitle A—Reforming the H–2A Worker Program 

Sec. 201. Comprehensive and streamlined electronic H–2A platform. 

Sec. 202. Agricultural labor or services. 

Sec. 203. H–2A program requirements. 

Sec. 204. Portable H–2A visa pilot program. 

1 TITLE I—SECURING THE DOMES2 TIC AGRICULTURAL WORK3 FORCE 

4 Subtitle A—Status for Certified 

5 Agricultural Workers 

6 SEC. 101. CERTIFIED AGRICULTURAL WORKER STATUS. 

7 (a) REQUIREMENTS FOR CERTIFIED AGRICULTURAL

8 WORKER STATUS.— 

9 (1) PRINCIPAL ALIENS.—The Secretary may 

10 grant certified agricultural worker status to an alien 

11 who submits a completed application, including the 


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1 required processing fees, before the end of the period 

2 set forth in subsection (c) and who— 

3 (A) performed agricultural labor or serv4 ices in the United States for at least 1,035 

5 hours (or 180 workdays) during the 2-year pe6 riod preceding the date of the introduction of 

7 this Act; 

8 (B) on the date of the introduction of this 

9 Act— 

10 (i) is inadmissible or deportable from 

11 the United States; or 

12 (ii) is under a grant of deferred en13 forced departure or has temporary pro14 tected status under section 244 of the Im15 migration and Nationality Act; 

16 (C) subject to section 104, has been con17 tinuously present in the United States since the 

18 date of the introduction of this Act and until 

19 the date on which the alien is granted certified 

20 agricultural worker status; and 

21 (D) is not otherwise ineligible for certified 

22 agricultural worker status as provided in sub23 section (b). 

24 (2) DEPENDENT SPOUSE AND CHILDREN.—The 

25 Secretary may grant certified agricultural dependent 


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1 status to the spouse or child of an alien granted cer2 tified agricultural worker status under paragraph 

3 (1) if the spouse or child is not ineligible for cer4 tified agricultural dependent status as provided in 

5 subsection (b). 

6 (b) GROUNDS FOR INELIGIBILITY.— 

7 (1) GROUNDS OF INADMISSIBILITY.—Except as 

8 provided in paragraph (3), an alien is ineligible for 

9 certified agricultural worker or certified agricultural 

10 dependent status if the Secretary determines that 

11 the alien is inadmissible under section 212(a) of the 

12 Immigration and Nationality Act (8 U.S.C. 

13 1182(a)), except that in determining inadmis14 sibility— 

15 (A) paragraphs (4), (5), (7), and (9)(B) of 

16 such section shall not apply; 

17 (B) subparagraphs (A), (C), (D), (F), and 

18 (G) of such section 212(a)(6) and paragraphs 

19 (9)(C) and (10)(B) of such section 212(a) shall 

20 not apply unless based on the act of unlawfully 

21 entering the United States after the date of in22 troduction of this Act; and 

23 (C) paragraphs (6)(B) and (9)(A) of such 

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1 ing of the application for certified agricultural 

2 worker status. 

3 (2) ADDITIONAL CRIMINAL BARS.—Except as 

4 provided in paragraph (3), an alien is ineligible for 

5 certified agricultural worker or certified agricultural 

6 dependent status if the Secretary determines that, 

7 excluding any offense under State law for which an 

8 essential element is the alien’s immigration status 

9 and any minor traffic offense, the alien has been 

10 convicted of— 

11 (A) any felony offense; 

12 (B) an aggravated felony (as defined in 

13 section 101(a)(43) of the Immigration and Na14 tionality Act (8 U.S.C. 1101(a)(43)) at the 

15 time of the conviction); 

16 (C) two misdemeanor offenses involving 

17 moral turpitude, as described in section 

18 212(a)(2)(A)(i)(I) of the Immigration and Na19 tionality Act (8 U.S.C. 1182(a)(2)(A)(i)(I)), 

20 unless an offense is waived by the Secretary 

21 under paragraph (3)(B); or 

22 (D) three or more misdemeanor offenses 

23 not occurring on the same date, and not arising 

24 out of the same act, omission, or scheme of 

25 misconduct. 


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1 (3) WAIVERS FOR CERTAIN GROUNDS OF INAD2 MISSIBILITY.—For humanitarian purposes, family 

3 unity, or if otherwise in the public interest, the Sec4 retary may waive the grounds of inadmissibility 

5 under— 

6 (A) paragraph (1), (6)(E), or (10)(D) of 

7 section 212(a) of the Immigration and Nation8 ality Act (8 U.S.C. 1182(a)); or 

9 (B) subparagraphs (A) and (D) of section 

10 212(a)(2) of the Immigration and Nationality 

11 Act (8 U.S.C. 1182(a)(2)), unless inadmis12 sibility is based on a conviction that would oth13 erwise render the alien ineligible under subpara14 graph (A), (B), or (D) of paragraph (2). 

15 (c) APPLICATION.— 

16 (1) APPLICATION PERIOD.—Except as provided 

17 in paragraph (2), the Secretary shall accept initial 

18 applications for certified agricultural worker status 

19 during the 18-month period beginning on the date 

20 on which the interim final rule is published in the 

21 Federal Register pursuant to section 122(a). 

22 (2) EXTENSION.—If the Secretary determines, 

23 during the initial period described in paragraph (1), 

24 that additional time is required to process initial ap25 plications for certified agricultural worker status or 


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1 for other good cause, the Secretary may extend the 

2 period for accepting applications for up to an addi3 tional 12 months. 

4 (3) SUBMISSION OF APPLICATIONS.— 

5 (A) IN GENERAL.—An alien may file an 

6 application with the Secretary under this sec7 tion with the assistance of an attorney or a 

8 nonprofit religious, charitable, social service, or 

9 similar organization recognized by the Board of 

10 Immigration Appeals under section 292.2 of 

11 title 8, Code of Federal Regulations. The Sec12 retary shall also create a procedure for accept13 ing applications filed by qualified designated en14 tities with the consent of the applicant. 

15 (B) FARM SERVICE AGENCY OFFICES.— 

16 The Secretary, in consultation with the Sec17 retary of Agriculture, shall establish a process 

18 for the filing of applications under this section 

19 at Farm Service Agency offices throughout the 

20 United States. 

21 (4) EVIDENCE OF APPLICATION FILING.—As 

22 soon as practicable after receiving an application for 

23 certified agricultural worker status, the Secretary 

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1 ment shall serve as interim proof of the alien’s au2 thorization to accept employment in the United 

3 States and shall be accepted by an employer as evi4 dence of employment authorization under section 

5 274A(b)(1)(C) of the Immigration and Nationality 

6 Act (8 U.S.C. 1324a(b)(1)(C)), if the employer is 

7 employing the holder of such document to perform 

8 agricultural labor or services, pending a final admin9 istrative decision on the application. 

10 (5) EFFECT OF PENDING APPLICATION.—Dur11 ing the period beginning on the date on which an 

12 alien applies for certified agricultural worker status 

13 under this subtitle, and ending on the date on which 

14 the Secretary makes a final administrative decision 

15 regarding such application, the alien and any de16 pendents included in the application— 

17 (A) may apply for advance parole, which 

18 shall be granted upon demonstrating a legiti19 mate need to travel outside the United States 

20 for a temporary purpose; 

21 (B) may not be detained by the Secretary 

22 or removed from the United States unless the 

23 Secretary makes a prima facie determination 

24 that such alien is, or has become, ineligible for 

25 certified agricultural worker status; 


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1 (C) may not be considered unlawfully 

2 present under section 212(a)(9)(B) of the Im3 migration and Nationality Act (8 U.S.C. 

4 1182(a)(9)(B)); and 

5 (D) may not be considered an unauthor6 ized alien (as defined in section 274A(h)(3) of 

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

8 1324a(h)(3))). 

9 (6) WITHDRAWAL OF APPLICATION.—The Sec10 retary shall, upon receipt of a request from the ap11 plicant to withdraw an application for certified agri12 cultural worker status under this subtitle, cease 

13 processing of the application, and close the case. 

14 Withdrawal of the application shall not prejudice 

15 any future application filed by the applicant for any 

16 immigration benefit under this Act or under the Im17 migration and Nationality Act (8 U.S.C. 1101 et 

18 seq.). 

19 (d) ADJUDICATION AND DECISION.— 

20 (1) IN GENERAL.—Subject to section 123, the 

21 Secretary shall render a decision on an application 

22 for certified agricultural worker status not later than 

23 180 days after the date the application is filed. 


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1 (2) NOTICE.—Prior to denying an application 

2 for certified agricultural worker status, the Sec3 retary shall provide the alien with— 

4 (A) written notice that describes the basis 

5 for ineligibility or the deficiencies in the evi6 dence submitted; and 

7 (B) at least 90 days to contest ineligibility 

8 or submit additional evidence. 

9 (3) AMENDED APPLICATION.—An alien whose 

10 application for certified agricultural worker status is 

11 denied under this section may submit an amended 

12 application for such status to the Secretary if the 

13 amended application is submitted within the applica14 tion period described in subsection (c) and contains 

15 all the required information and fees that were miss16 ing from the initial application. 

17 (e) ALTERNATIVE H–2A STATUS.—An alien who has 

18 not met the required period of agricultural labor or serv19 ices under subsection (a)(1)(A), but is otherwise eligible 

20 for certified agricultural worker status under such sub21 section, shall be eligible for classification as a non22 immigrant described in section 101(a)(15)(H)(ii)(a) of the 

23 Immigration and Nationality Act (8 U.S.C. 

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1 formed at least 575 hours (or 100 workdays) of agricul2 tural labor or services during the 3-year period preceding 

3 the date of the introduction of this Act. The Secretary 

4 shall create a procedure to provide for such classification 

5 without requiring the alien to depart the United States 

6 and obtain a visa abroad. 

7 SEC. 102. TERMS AND CONDITIONS OF CERTIFIED STATUS. 

8 (a) IN GENERAL.— 

9 (1) APPROVAL.—Upon approval of an applica10 tion for certified agricultural worker status, or an 

11 extension of such status pursuant to section 103, the 

12 Secretary shall issue— 

13 (A) documentary evidence of such status to 

14 the applicant; and 

15 (B) documentary evidence of certified agri16 cultural dependent status to any qualified de17 pendent included on such application. 

18 (2) DOCUMENTARY EVIDENCE.—In addition to 

19 any other features and information as the Secretary 

20 may prescribe, the documentary evidence described 

21 in paragraph (1)— 

22 (A) shall be machine-readable and tamper23 resistant; 

24 (B) shall contain a digitized photograph; 


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1 (C) shall serve as a valid travel and entry 

2 document for purposes of applying for admis3 sion to the United States; and 

4 (D) shall be accepted during the period of 

5 its validity by an employer as evidence of em6 ployment authorization and identity under sec7 tion 274A(b)(1)(B) of the Immigration and Na8 tionality Act (8 U.S.C. 1324a(b)(1)(B)). 

9 (3) VALIDITY PERIOD.—Certified agricultural 

10 worker and certified agricultural dependent status 

shall be valid for 51 11 ⁄2 years beginning on the date of 

12 approval. 

13 (4) TRAVEL AUTHORIZATION.—An alien with 

14 certified agricultural worker or certified agricultural 

15 dependent status may— 

16 (A) travel within and outside of the United 

17 States, including commuting to the United 

18 States from a residence in a foreign country; 

19 and 

20 (B) be admitted to the United States upon 

21 return from travel abroad without first obtain22 ing a visa if the alien is in possession of— 

23 (i) valid, unexpired documentary evi24 dence of certified agricultural worker or 


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1 certified agricultural worker dependent sta2 tus as described in subsection (a); or 

3 (ii) a travel document that has been 

4 approved by the Secretary and was issued 

5 to the alien after the alien’s original docu6 mentary evidence was lost, stolen, or de7 stroyed. 

8 (b) ABILITY TO CHANGE STATUS.— 

9 (1) CHANGE TO CERTIFIED AGRICULTURAL

10 WORKER STATUS.—Notwithstanding section 101(a), 

11 an alien with valid certified agricultural dependent 

12 status may apply to change to certified agricultural 

13 worker status, at any time, if the alien— 

14 (A) submits a completed application, in15 cluding the required processing fees; and 

16 (B) is not ineligible for certified agricul17 tural worker status under section 101(b). 

18 (2) CLARIFICATION.—Nothing in this title pro19 hibits an alien granted certified agricultural worker 

20 or certified agricultural dependent status from 

21 changing status to any other nonimmigrant classi22 fication for which the alien may be eligible. 

23 (c) PROHIBITION ON PUBLIC BENEFITS, TAX BENE24 FITS, AND HEALTH CARE SUBSIDIES.—Aliens granted 

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1 pendent status shall be considered lawfully present in the 

2 United States for all purposes for the duration of their 

3 status, except that such aliens— 

4 (1) shall be ineligible for Federal means-tested 

5 public benefits to the same extent as other individ6 uals who are not qualified aliens under section 431 

7 of the Personal Responsibility and Work Oppor8 tunity Reconciliation Act of 1996 (8 U.S.C. 1641); 

9 (2) are not entitled to the premium assistance 

10 tax credit authorized under section 36B of the Inter11 nal Revenue Code of 1986 (26 U.S.C. 36B), and 

12 shall be subject to the rules applicable to individuals 

13 who are not lawfully present set forth in subsection 

14 (e) of such section; 

15 (3) shall be subject to the rules applicable to in16 dividuals who are not lawfully present set forth in 

17 section 1402(e) of the Patient Protection and Af18 fordable Care Act (42 U.S.C. 18071(e)); and 

19 (4) shall be subject to the rules applicable to in20 dividuals not lawfully present set forth in section 

21 5000A(d)(3) of the Internal Revenue Code of 1986 

22 (26 U.S.C. 5000A(d)(3)). 

23 (d) REVOCATION OF STATUS.— 

24 (1) IN GENERAL.—The Secretary may revoke 

25 certified agricultural worker or certified agricultural 


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1 dependent status if, after providing notice to the 

2 alien and the opportunity to provide evidence to con3 test the proposed revocation, the Secretary deter4 mines that the alien no longer meets the eligibility 

5 requirements for such status under section 101(b). 

6 (2) INVALIDATION OF DOCUMENTATION.—Upon 

7 the Secretary’s final determination to revoke an 

8 alien’s certified agricultural worker or certified agri9 cultural dependent status, any documentation issued 

10 by the Secretary to such alien under subsection (a) 

11 shall automatically be rendered invalid for any pur12 pose except for departure from the United States. 

13 SEC. 103. EXTENSIONS OF CERTIFIED STATUS. 

14 (a) REQUIREMENTS FOR EXTENSIONS OF STATUS.— 

15 (1) PRINCIPAL ALIENS.—The Secretary may 

16 extend certified agricultural worker status for additional periods of 51 17 ⁄2 years to an alien who submits 

18 a completed application, including the required proc19 essing fees, within the 120-day period beginning 60 

20 days before the expiration of the fifth year of the 

21 immediately preceding grant of certified agricultural 

22 worker status, if the alien— 

23 (A) except as provided in section 126(c), 

24 has performed agricultural labor or services in 

25 the United States for at least 575 hours (or 


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1 100 workdays) for each of the prior 5 years in 

2 which the alien held certified agricultural work3 er status; and 

4 (B) has not become ineligible for certified 

5 agricultural worker status under section 101(b). 

6 (2) DEPENDENT SPOUSE AND CHILDREN.—The 

7 Secretary may grant or extend certified agricultural 

8 dependent status to the spouse or child of an alien 

9 granted an extension of certified agricultural worker 

10 status under paragraph (1) if the spouse or child is 

11 not ineligible for certified agricultural dependent sta12 tus under section 101(b). 

13 (3) WAIVER FOR LATE FILINGS.—The Sec14 retary may waive an alien’s failure to timely file be15 fore the expiration of the 120-day period described 

16 in paragraph (1) if the alien demonstrates that the 

17 delay was due to extraordinary circumstances be18 yond the alien’s control or for other good cause. 

19 (b) STATUS FOR WORKERS WITH PENDING APPLICA20 TIONS.— 

21 (1) IN GENERAL.—Certified agricultural worker 

22 status of an alien who timely files an application to 

23 extend such status under subsection (a) (and the 

24 status of the alien’s dependents) shall be automati25 cally extended through the date on which the SecVerDate Sep 11 2014 04:01 Mar 04, 2022 Jkt 000000 PO 00000 Frm 00428 Fmt 6652 Sfmt 6201 E:\BILLS\H6637.IH H6637

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1 retary makes a final administrative decision regard2 ing such application. 

3 (2) DOCUMENTATION OF EMPLOYMENT AU4 THORIZATION.—As soon as practicable after receipt 

5 of an application to extend certified agricultural 

6 worker status under subsection (a), the Secretary 

7 shall issue a document to the alien acknowledging 

8 the receipt of such application. An employer of the 

9 worker may not refuse to accept such document as 

10 evidence of employment authorization under section 

11 274A(b)(1)(C) of the Immigration and Nationality 

12 Act (8 U.S.C. 1324a(b)(1)(C)), pending a final ad13 ministrative decision on the application. 

14 (c) NOTICE.—Prior to denying an application to ex15 tend certified agricultural worker status, the Secretary 

16 shall provide the alien with— 

17 (1) written notice that describes the basis for 

18 ineligibility or the deficiencies of the evidence sub19 mitted; and 

20 (2) at least 90 days to contest ineligibility or 

21 submit additional evidence. 

22 SEC. 104. DETERMINATION OF CONTINUOUS PRESENCE. 

23 (a) EFFECT OF NOTICE TO APPEAR.—The contin24 uous presence in the United States of an applicant for cer25 tified agricultural worker status under section 101 shall 


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1 not terminate when the alien is served a notice to appear 

2 under section 239(a) of the Immigration and Nationality 

3 Act (8 U.S.C. 1229(a)). 

4 (b) TREATMENT OF CERTAIN BREAKS IN PRES5 ENCE.— 

6 (1) IN GENERAL.—Except as provided in para7 graphs (2) and (3), an alien shall be considered to 

8 have failed to maintain continuous presence in the 

9 United States under this subtitle if the alien de10 parted the United States for any period exceeding 

11 90 days, or for any periods, in the aggregate, ex12 ceeding 180 days. 

13 (2) EXTENSIONS FOR EXTENUATING CIR14 CUMSTANCES.—The Secretary may extend the time 

15 periods described in paragraph (1) for an alien who 

16 demonstrates that the failure to timely return to the 

17 United States was due to extenuating circumstances 

18 beyond the alien’s control, including the serious ill19 ness of the alien, or death or serious illness of a 

20 spouse, parent, son or daughter, grandparent, or sib21 ling of the alien. 

22 (3) TRAVEL AUTHORIZED BY THE SEC23 RETARY.—Any period of travel outside of the United 

24 States by an alien that was authorized by the Sec25 retary shall not be counted toward any period of deVerDate Sep 11 2014 04:01 Mar 04, 2022 Jkt 000000 PO 00000 Frm 00430 Fmt 6652 Sfmt 6201 E:\BILLS\H6637.IH H6637

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1 parture from the United States under paragraph 

2 (1). 

3 SEC. 105. EMPLOYER OBLIGATIONS. 

4 (a) RECORD OF EMPLOYMENT.—An employer of an 

5 alien in certified agricultural worker status shall provide 

6 such alien with a written record of employment each year 

7 during which the alien provides agricultural labor or serv8 ices to such employer as a certified agricultural worker. 

9 (b) CIVIL PENALTIES.— 

10 (1) IN GENERAL.—If the Secretary determines, 

11 after notice and an opportunity for a hearing, that 

12 an employer of an alien with certified agricultural 

13 worker status has knowingly failed to provide the 

14 record of employment required under subsection (a), 

15 or has provided a false statement of material fact in 

16 such a record, the employer shall be subject to a civil 

17 penalty in an amount not to exceed $500 per viola18 tion. 

19 (2) LIMITATION.—The penalty under paragraph 

20 (1) for failure to provide employment records shall 

21 not apply unless the alien has provided the employer 

22 with evidence of employment authorization described 

23 in section 102 or 103. 

24 (3) DEPOSIT OF CIVIL PENALTIES.—Civil pen25 alties collected under this paragraph shall be deposVerDate Sep 11 2014 04:01 Mar 04, 2022 Jkt 000000 PO 00000 Frm 00431 Fmt 6652 Sfmt 6201 E:\BILLS\H6637.IH H6637

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1 ited into the Immigration Examinations Fee Ac2 count under section 286(m) of the Immigration and 

3 Nationality Act (8 U.S.C. 1356(m)). 

4 SEC. 106. ADMINISTRATIVE AND JUDICIAL REVIEW. 

5 (a) ADMINISTRATIVE REVIEW.—The Secretary shall 

6 establish a process by which an applicant may seek admin7 istrative review of a denial of an application for certified 

8 agricultural worker status under this subtitle, an applica9 tion to extend such status, or a revocation of such status. 

10 (b) ADMISSIBILITY IN IMMIGRATION COURT.—Each 

11 record of an alien’s application for certified agricultural 

12 worker status under this subtitle, application to extend 

13 such status, revocation of such status, and each record 

14 created pursuant to the administrative review process 

15 under subsection (a) is admissible in immigration court, 

16 and shall be included in the administrative record. 

17 (c) JUDICIAL REVIEW.—Notwithstanding any other 

18 provision of law, judicial review of the Secretary’s decision 

19 to deny an application for certified agricultural worker 

20 status, an application to extend such status, or the deci21 sion to revoke such status, shall be limited to the review 

22 of an order of removal under section 242 of the Immigra23 tion and Nationality Act (8 U.S.C. 1252). 


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1 Subtitle B—Optional Earned 

2 Residence for Long-Term Workers 

3 SEC. 111. OPTIONAL ADJUSTMENT OF STATUS FOR LONG4 TERM AGRICULTURAL WORKERS. 

5 (a) REQUIREMENTS FOR ADJUSTMENT OF STA6 TUS.— 

7 (1) PRINCIPAL ALIENS.—The Secretary may 

8 adjust the status of an alien from that of a certified 

9 agricultural worker to that of a lawful permanent 

10 resident if the alien submits a completed application, 

11 including the required processing and penalty fees, 

12 and the Secretary determines that— 

13 (A) except as provided in section 126(c), 

14 the alien performed agricultural labor or serv15 ices for not less than 575 hours (or 100 work16 days) each year— 

17 (i) for at least 10 years prior to the 

18 date of the enactment of this Act and for 

19 at least 4 years in certified agricultural 

20 worker status; or 

21 (ii) for fewer than 10 years prior to 

22 the date of the enactment of this Act and 

23 for at least 8 years in certified agricultural 

24 worker status; and 


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1 (B) the alien has not become ineligible for 

2 certified agricultural worker status under sec3 tion 101(b). 

4 (2) DEPENDENT ALIENS.— 

5 (A) IN GENERAL.—The spouse and each 

6 child of an alien described in paragraph (1) 

7 whose status has been adjusted to that of a 

8 lawful permanent resident may be granted law9 ful permanent residence under this subtitle if— 

10 (i) the qualifying relationship to the 

11 principal alien existed on the date on which 

12 such alien was granted adjustment of sta13 tus under this subtitle; and 

14 (ii) the spouse or child is not ineligible 

15 for certified agricultural worker dependent 

16 status under section 101(b). 

17 (B) PROTECTIONS FOR SPOUSES AND

18 CHILDREN.—The Secretary of Homeland Secu19 rity shall establish procedures to allow the 

20 spouse or child of a certified agricultural work21 er to self-petition for lawful permanent resi22 dence under this subtitle in cases involving— 

23 (i) the death of the certified agricul24 tural worker, so long as the spouse or child 


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1 submits a petition not later than 2 years 

2 after the date of the worker’s death; or 

3 (ii) the spouse or a child being bat4 tered or subjected to extreme cruelty by 

5 the certified agricultural worker. 

6 (3) DOCUMENTATION OF WORK HISTORY.—An 

7 applicant for adjustment of status under this section 

8 shall not be required to resubmit evidence of work 

9 history that has been previously submitted to the 

10 Secretary in connection with an approved extension 

11 of certified agricultural worker status. 

12 (b) PENALTY FEE.—In addition to any processing 

13 fee that the Secretary may assess in accordance with sec14 tion 122(b), a principal alien seeking adjustment of status 

15 under this subtitle shall pay a $1,000 penalty fee, which 

16 shall be deposited into the Immigration Examinations Fee 

17 Account pursuant to section 286(m) of the Immigration 

18 and Nationality Act (8 U.S.C. 1356(m)). 

19 (c) EFFECT OF PENDING APPLICATION.—During the 

20 period beginning on the date on which an alien applies 

21 for adjustment of status under this subtitle, and ending 

22 on the date on which the Secretary makes a final adminis23 trative decision regarding such application, the alien and 

24 any dependents included on the application— 


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1 (1) may apply for advance parole, which shall 

2 be granted upon demonstrating a legitimate need to 

3 travel outside the United States for a temporary 

4 purpose; 

5 (2) may not be detained by the Secretary or re6 moved from the United States unless the Secretary 

7 makes a prima facie determination that such alien 

8 is, or has become, ineligible for adjustment of status 

9 under subsection (a); 

10 (3) may not be considered unlawfully present 

11 under section 212(a)(9)(B) of the Immigration and 

12 Nationality Act (8 U.S.C. 1182(a)(9)(B)); and 

13 (4) may not be considered an unauthorized 

14 alien (as defined in section 274A(h)(3) of the Immi15 gration and Nationality Act (8 U.S.C. 

16 1324a(h)(3))). 

17 (d) EVIDENCE OF APPLICATION FILING.—As soon as 

18 practicable after receiving an application for adjustment 

19 of status under this subtitle, the Secretary shall provide 

20 the applicant with a document acknowledging the receipt 

21 of such application. Such document shall serve as interim 

22 proof of the alien’s authorization to accept employment 

23 in the United States and shall be accepted by an employer 

24 as evidence of employment authorization under section 

25 274A(b)(1)(C) of the Immigration and Nationality Act (8 


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1 U.S.C. 1324a(b)(1)(C)), pending a final administrative 

2 decision on the application. 

3 (e) WITHDRAWAL OF APPLICATION.—The Secretary 

4 shall, upon receipt of a request to withdraw an application 

5 for adjustment of status under this subtitle, cease proc6 essing of the application, and close the case. Withdrawal 

7 of the application shall not prejudice any future applica8 tion filed by the applicant for any immigration benefit 

9 under this Act or under the Immigration and Nationality 

10 Act (8 U.S.C. 1101 et seq.). 

11 SEC. 112. PAYMENT OF TAXES. 

12 (a) IN GENERAL.—An alien may not be granted ad13 justment of status under this subtitle unless the applicant 

14 has satisfied any applicable Federal tax liability. 

15 (b) COMPLIANCE.—An alien may demonstrate com16 pliance with subsection (a) by submitting such documenta17 tion as the Secretary, in consultation with the Secretary 

18 of the Treasury, may require by regulation. 

19 SEC. 113. ADJUDICATION AND DECISION; REVIEW. 

20 (a) IN GENERAL.—Subject to the requirements of 

21 section 123, the Secretary shall render a decision on an 

22 application for adjustment of status under this subtitle not 

23 later than 180 days after the date on which the application 

24 is filed. 


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1 (b) NOTICE.—Prior to denying an application for ad2 justment of status under this subtitle, the Secretary shall 

3 provide the alien with— 

4 (1) written notice that describes the basis for 

5 ineligibility or the deficiencies of the evidence sub6 mitted; and 

7 (2) at least 90 days to contest ineligibility or 

8 submit additional evidence. 

9 (c) ADMINISTRATIVE REVIEW.—The Secretary shall 

10 establish a process by which an applicant may seek admin11 istrative review of a denial of an application for adjust12 ment of status under this subtitle. 

13 (d) JUDICIAL REVIEW.—Notwithstanding any other 

14 provision of law, an alien may seek judicial review of a 

15 denial of an application for adjustment of status under 

16 this title in an appropriate United States district court. 

17 Subtitle C—General Provisions 

18 SEC. 121. DEFINITIONS. 

19 In this title: 

20 (1) IN GENERAL.—Except as otherwise pro21 vided, any term used in this title that is used in the 

22 immigration laws shall have the meaning given such 

23 term in the immigration laws (as such term is de24 fined in section 101 of the Immigration and Nation25 ality Act (8 U.S.C. 1101)). 


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1 (2) AGRICULTURAL LABOR OR SERVICES.—The 

2 term ‘‘agricultural labor or services’’ has the mean3 ing given such term in section 101(a)(53) of the Im4 migration and Nationality Act (8 U.S.C. 

5 1101(a)(53)). 

6 (3) APPLICABLE FEDERAL TAX LIABILITY.— 

7 The term ‘‘applicable Federal tax liability’’ means all 

8 Federal income taxes assessed in accordance with 

9 section 6203 of the Internal Revenue Code of 1986 

10 beginning on the date on which the applicant was 

11 authorized to work in the United States as a cer12 tified agricultural worker. 

13 (4) APPROPRIATE UNITED STATES DISTRICT

14 COURT.—The term ‘‘appropriate United States dis15 trict court’’ means the United States District Court 

16 for the District of Columbia or the United States 

17 district court with jurisdiction over the alien’s prin18 cipal place of residence. 

19 (5) CHILD.—The term ‘‘child’’ has the meaning 

20 given such term in section 101(b)(1) of the Immi21 gration and Nationality Act (8 U.S.C. 1101(b)(1)). 

22 (6) CONVICTED OR CONVICTION.—The term 

23 ‘‘convicted’’ or ‘‘conviction’’ does not include a judg24 ment that has been expunged or set aside, that reVerDate Sep 11 2014 04:01 Mar 04, 2022 Jkt 000000 PO 00000 Frm 00439 Fmt 6652 Sfmt 6201 E:\BILLS\H6637.IH H6637

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1 sulted in a rehabilitative disposition, or the equiva2 lent. 

3 (7) EMPLOYER.—The term ‘‘employer’’ means 

4 any person or entity, including any labor contractor 

5 or any agricultural association, that employs workers 

6 in agricultural labor or services. 

7 (8) QUALIFIED DESIGNATED ENTITY.—The 

8 term ‘‘qualified designated entity’’ means— 

9 (A) a qualified farm labor organization or 

10 an association of employers designated by the 

11 Secretary; or 

12 (B) any other entity that the Secretary 

13 designates as having substantial experience, 

14 demonstrated competence, and a history of 

15 long-term involvement in the preparation and 

16 submission of application for adjustment of sta17 tus under title II of the Immigration and Na18 tionality Act (8 U.S.C. 1151 et seq.). 

19 (9) SECRETARY.—The term ‘‘Secretary’’ means 

20 the Secretary of Homeland Security. 

21 (10) WORKDAY.—The term ‘‘workday’’ means 

22 any day in which the individual is employed 5.75 or 

23 more hours in agricultural labor or services. 


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1 SEC. 122. RULEMAKING; FEES. 

2 (a) RULEMAKING.—Not later than 180 days after the 

3 date of the enactment of this Act, the Secretary shall pub4 lish in the Federal Register, an interim final rule imple5 menting this title. Notwithstanding section 553 of title 5, 

6 United States Code, the rule shall be effective, on an in7 terim basis, immediately upon publication, but may be 

8 subject to change and revision after public notice and op9 portunity for comment. The Secretary shall finalize such 

10 rule not later than 1 year after the date of the enactment 

11 of this Act. 

12 (b) FEES.— 

13 (1) IN GENERAL.—The Secretary may require 

14 an alien applying for any benefit under this title to 

15 pay a reasonable fee that is commensurate with the 

16 cost of processing the application. 

17 (2) FEE WAIVER; INSTALLMENTS.— 

18 (A) IN GENERAL.—The Secretary shall es19 tablish procedures to allow an alien to— 

20 (i) request a waiver of any fee that 

21 the Secretary may assess under this title if 

22 the alien demonstrates to the satisfaction 

23 of the Secretary that the alien is unable to 

24 pay the prescribed fee; or 


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1 (ii) pay any fee or penalty that the 

2 Secretary may assess under this title in in3 stallments. 

4 (B) CLARIFICATION.—Nothing in this sec5 tion shall be read to prohibit an employer from 

6 paying any fee or penalty that the Secretary 

7 may assess under this title on behalf of an alien 

8 and the alien’s spouse or children. 

9 SEC. 123. BACKGROUND CHECKS. 

10 (a) SUBMISSION OF BIOMETRIC AND BIOGRAPHIC

11 DATA.—The Secretary may not grant or extend certified 

12 agricultural worker or certified agricultural dependent sta13 tus under subtitle A, or grant adjustment of status to that 

14 of a lawful permanent resident under subtitle B, unless 

15 the alien submits biometric and biographic data, in accord16 ance with procedures established by the Secretary. The 

17 Secretary shall provide an alternative procedure for aliens 

18 who cannot provide all required biometric or biographic 

19 data because of a physical impairment. 

20 (b) BACKGROUND CHECKS.—The Secretary shall use 

21 biometric, biographic, and other data that the Secretary 

22 determines appropriate to conduct security and law en23 forcement background checks and to determine whether 

24 there is any criminal, national security, or other factor 

25 that would render the alien ineligible for status under this 


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1 title. An alien may not be granted any such status under 

2 this title unless security and law enforcement background 

3 checks are completed to the satisfaction of the Secretary. 

4 SEC. 124. PROTECTION FOR CHILDREN. 

5 (a) IN GENERAL.—Except as provided in subsection 

6 (b), for purposes of eligibility for certified agricultural de7 pendent status or lawful permanent resident status under 

8 this title, a determination of whether an alien is a child 

9 shall be made using the age of the alien on the date on 

10 which the initial application for certified agricultural 

11 worker status is filed with the Secretary of Homeland Se12 curity. 

13 (b) LIMITATION.—Subsection (a) shall apply for no 

14 more than 10 years after the date on which the initial 

15 application for certified agricultural worker status is filed 

16 with the Secretary of Homeland Security. 

17 SEC. 125. LIMITATION ON REMOVAL. 

18 (a) IN GENERAL.—An alien who appears to be prima 

19 facie eligible for status under this title shall be given a 

20 reasonable opportunity to apply for such status. Such an 

21 alien may not be placed in removal proceedings or removed 

22 from the United States until a final administrative deci23 sion establishing ineligibility for such status is rendered. 

24 (b) ALIENS IN REMOVAL PROCEEDINGS.—Notwith25 standing any other provision of the law, the Attorney GenVerDate Sep 11 2014 04:01 Mar 04, 2022 Jkt 000000 PO 00000 Frm 00443 Fmt 6652 Sfmt 6201 E:\BILLS\H6637.IH H6637

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1 eral shall (upon motion by the Secretary with the consent 

2 of the alien, or motion by the alien) terminate removal 

3 proceedings, without prejudice, against an alien who ap4 pears to be prima facie eligible for status under this title, 

5 and provide such alien a reasonable opportunity to apply 

6 for such status. 

7 (c) EFFECT OF FINAL ORDER.—An alien present in 

8 the United States who has been ordered removed or has 

9 been permitted to depart voluntarily from the United 

10 States may, notwithstanding such order or permission to 

11 depart, apply for status under this title. Such alien shall 

12 not be required to file a separate motion to reopen, recon13 sider, or vacate the order of removal. If the Secretary ap14 proves the application, the Secretary shall notify the At15 torney General of such approval, and the Attorney General 

16 shall cancel the order of removal. If the Secretary renders 

17 a final administrative decision to deny the application, the 

18 order of removal or permission to depart shall be effective 

19 and enforceable to the same extent as if the application 

20 had not been made, only after all available administrative 

21 and judicial remedies have been exhausted. 

22 (d) EFFECT OF DEPARTURE.—Section 101(g) of the 

23 Immigration and Nationality Act (8 U.S.C. 1101(g)) shall 

24 not apply to an alien who departs the United States— 


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1 (1) with advance permission to return to the 

2 United States granted by the Secretary under this 

3 title; or 

4 (2) after having been granted certified agricul5 tural worker status or lawful permanent resident 

6 status under this title. 

7 SEC. 126. DOCUMENTATION OF AGRICULTURAL WORK HIS8 TORY. 

9 (a) BURDEN OF PROOF.—An alien applying for cer10 tified agricultural worker status under subtitle A or ad11 justment of status under subtitle B has the burden of 

12 proving by a preponderance of the evidence that the alien 

13 has worked the requisite number of hours or days required 

14 under section 101, 103, or 111, as applicable. The Sec15 retary shall establish special procedures to properly credit 

16 work in cases in which an alien was employed under an 

17 assumed name. 

18 (b) EVIDENCE.—An alien may meet the burden of 

19 proof under subsection (a) by producing sufficient evi20 dence to show the extent of such employment as a matter 

21 of just and reasonable inference. Such evidence may in22 clude— 

23 (1) an annual record of certified agricultural 

24 worker employment as described in section 105(a), 

25 or other employment records from employers; 


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1 (2) employment records maintained by collective 

2 bargaining associations; 

3 (3) tax records or other government records; 

4 (4) sworn affidavits from individuals who have 

5 direct knowledge of the alien’s work history; or 

6 (5) any other documentation designated by the 

7 Secretary for such purpose. 

8 (c) EXCEPTIONS FOR EXTRAORDINARY CIR9 CUMSTANCES.— 

10 (1) IMPACT OF COVID–19.— 

11 (A) IN GENERAL.—The Secretary may 

12 grant certified agricultural worker status to an 

13 alien who is otherwise eligible for such status if 

14 such alien is able to only partially satisfy the 

15 requirement under section 101(a)(1)(A) as a re16 sult of reduced hours of employment or other 

17 restrictions associated with the public health 

18 emergency declared by the Secretary of Health 

19 and Human Services under section 319 of the 

20 Public Health Service Act (42 U.S.C. 247d) 

21 with respect to COVID–19. 

22 (B) LIMITATION.—The exception described 

23 in subparagraph (A) shall apply only to agricul24 tural labor or services required to be performed 

25 during the period that— 


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1 (i) begins on the first day of the pub2 lic health emergency described in subpara3 graph (A); and 

4 (ii) ends 90 days after the date on 

5 which such public health emergency termi6 nates. 

7 (2) EXTRAORDINARY CIRCUMSTANCES.—In de8 termining whether an alien has met the requirement 

9 under section 103(a)(1)(A) or 111(a)(1)(A), the Sec10 retary may credit the alien with not more than 575 

11 hours (or 100 workdays) of agricultural labor or 

12 services in the United States if the alien was unable 

13 to perform the required agricultural labor or services 

14 due to— 

15 (A) pregnancy, parental leave, illness, dis16 ease, disabling injury, or physical limitation of 

17 the alien; 

18 (B) injury, illness, disease, or other special 

19 needs of the alien’s child or spouse; 

20 (C) severe weather conditions that pre21 vented the alien from engaging in agricultural 

22 labor or services; 

23 (D) reduced hours of employment or other 

24 restrictions associated with the public health 

25 emergency declared by the Secretary of Health 


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1 and Human Services under section 319 of the 

2 Public Health Service Act (42 U.S.C. 247d) 

3 with respect to COVID–19; or 

4 (E) termination from agricultural employ5 ment, if the Secretary determines that— 

6 (i) the termination was without just 

7 cause; and 

8 (ii) the alien was unable to find alter9 native agricultural employment after a rea10 sonable job search. 

11 (3) EFFECT OF DETERMINATION.—A deter12 mination under paragraph (1)(E) shall not be con13 clusive, binding, or admissible in a separate or sub14 sequent judicial or administrative action or pro15 ceeding between the alien and a current or prior em16 ployer of the alien or any other party. 

17 (4) HARDSHIP WAIVER.— 

18 (A) IN GENERAL.—As part of the rule19 making described in section 122(a), the Sec20 retary shall establish procedures allowing for a 

21 partial waiver of the requirement under section 

22 111(a)(1)(A) for a certified agricultural worker 

23 if such worker— 


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1 (i) has continuously maintained cer2 tified agricultural worker status since the 

3 date such status was initially granted; 

4 (ii) has partially completed the re5 quirement under section 111(a)(1)(A); and 

6 (iii) is no longer able to engage in ag7 ricultural labor or services safely and effec8 tively because of— 

9 (I) a permanent disability suf10 fered while engaging in agricultural 

11 labor or services; or 

12 (II) deteriorating health or phys13 ical ability combined with advanced 

14 age. 

15 (B) DISABILITY.—In establishing the pro16 cedures described in subparagraph (A), the Sec17 retary shall consult with the Secretary of 

18 Health and Human Services and the Commis19 sioner of Social Security to define ‘‘permanent 

20 disability’’ for purposes of a waiver under sub21 paragraph (A)(iii)(I). 

22 SEC. 127. EMPLOYER PROTECTIONS. 

23 (a) CONTINUING EMPLOYMENT.—An employer that 

24 continues to employ an alien knowing that the alien in25 tends to apply for certified agricultural worker status 


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1 under subtitle A shall not violate section 274A(a)(2) of 

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

3 1324a(a)(2)) by continuing to employ the alien for the du4 ration of the application period under section 101(c), and 

5 with respect to an alien who applies for certified agricul6 tural status, for the duration of the period during which 

7 the alien’s application is pending final determination. 

8 (b) USE OF EMPLOYMENT RECORDS.—Copies of em9 ployment records or other evidence of employment pro10 vided by an alien or by an alien’s employer in support of 

11 an alien’s application for certified agricultural worker or 

12 adjustment of status under this title may not be used in 

13 a civil or criminal prosecution or investigation of that em14 ployer under section 274A of the Immigration and Nation15 ality Act (8 U.S.C. 1324a) or the Internal Revenue Code 

16 of 1986 for the prior unlawful employment of that alien 

17 regardless of the outcome of such application. 

18 (c) ADDITIONAL PROTECTIONS.—Employers that 

19 provide unauthorized aliens with copies of employment 

20 records or other evidence of employment in support of an 

21 application for certified agricultural worker status or ad22 justment of status under this title shall not be subject to 

23 civil and criminal liability pursuant to such section 274A 

24 for employing such unauthorized aliens. Records or other 

25 evidence of employment provided by employers in response 


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1 to a request for such records for the purpose of estab2 lishing eligibility for status under this title may not be 

3 used for any purpose other than establishing such eligi4 bility. 

5 (d) LIMITATION ON PROTECTION.—The protections 

6 for employers under this section shall not apply if the em7 ployer provides employment records to the alien that are 

8 determined to be fraudulent. 

9 SEC. 128. CORRECTION OF SOCIAL SECURITY RECORDS; 

10 CONFORMING AMENDMENTS. 

11 (a) IN GENERAL.—Section 208(e)(1) of the Social 

12 Security Act (42 U.S.C. 408(e)(1)) is amended— 

13 (1) in subparagraph (B)(ii), by striking ‘‘or’’ at 

14 the end; 

15 (2) in subparagraph (C), by inserting ‘‘or’’ at 

16 the end; 

17 (3) by inserting after subparagraph (C) the fol18 lowing: 

19 ‘‘(D) who is granted certified agricultural work20 er status, certified agricultural dependent status, or 

21 lawful permanent resident status under title I of the 

22 American Agriculture Dominance Act,’’; and 

23 (4) in the undesignated matter following sub24 paragraph (D), as added by paragraph (3), by strik25 ing ‘‘1990.’’ and inserting ‘‘1990, or in the case of 


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1 an alien described in subparagraph (D), if such con2 duct is alleged to have occurred before the date on 

3 which the alien was granted status under title I of 

4 the American Agriculture Dominance Act.’’. 

5 (b) EFFECTIVE DATE.—The amendments made by 

6 subsection (a) shall take effect on the first day of the sev7 enth month that begins after the date of the enactment 

8 of this Act. 

9 (c) CONFORMING AMENDMENTS.— 

10 (1) SOCIAL SECURITY ACT.—Section 210(a)(1) 

11 of the Social Security Act (42 U.S.C. 410(a)(1)) is 

12 amended by inserting before the semicolon the fol13 lowing: ‘‘(other than aliens granted certified agricul14 tural worker status or certified agricultural depend15 ent status under title I of the American Agriculture 

16 Dominance Act’’. 

17 (2) INTERNAL REVENUE CODE OF 1986.—Sec18 tion 3121(b)(1) of the Internal Revenue Code of 

19 1986 is amended by inserting before the semicolon 

20 the following: ‘‘(other than aliens granted certified 

21 agricultural worker status or certified agricultural 

22 dependent status under title I of the American Agri23 culture Dominance Act’’. 

24 (3) EFFECTIVE DATE.—The amendments made 

25 by this subsection shall apply with respect to service 


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1 performed after the date of the enactment of this 

2 Act. 

3 (d) AUTOMATED SYSTEM TO ASSIGN SOCIAL SECU4 RITY ACCOUNT NUMBERS.—Section 205(c)(2)(B) of the 

5 Social Security Act (42 U.S.C. 405(c)(2)(B)) is amended 

6 by adding at the end the following: 

7 ‘‘(iv) The Commissioner of Social Se8 curity shall, to the extent practicable, co9 ordinate with the Secretary of the Depart10 ment of Homeland Security to implement 

11 an automated system for the Commissioner 

12 to assign social security account numbers 

13 to aliens granted certified agricultural 

14 worker status or certified agricultural de15 pendent status under title I of the Amer16 ican Agriculture Dominance Act. An alien 

17 who is granted such status, and who was 

18 not previously assigned a social security 

19 account number, shall request assignment 

20 of a social security account number and a 

21 social security card from the Commissioner 

22 through such system. The Secretary shall 

23 collect and provide to the Commissioner 

24 such information as the Commissioner 

25 deems necessary for the Commissioner to 


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1 assign a social security account number, 

2 which information may be used by the 

3 Commissioner for any purpose for which 

4 the Commissioner is otherwise authorized 

5 under Federal law. The Commissioner may 

6 maintain, use, and disclose such informa7 tion only as permitted by the Privacy Act 

8 and other Federal law.’’. 

9 SEC. 129. DISCLOSURES AND PRIVACY. 

10 (a) IN GENERAL.—The Secretary may not disclose 

11 or use information provided in an application for certified 

12 agricultural worker status or adjustment of status under 

13 this title (including information provided during adminis14 trative or judicial review) for the purpose of immigration 

15 enforcement. 

16 (b) REFERRALS PROHIBITED.—The Secretary, based 

17 solely on information provided in an application for cer18 tified agricultural worker status or adjustment of status 

19 under this title (including information provided during ad20 ministrative or judicial review), may not refer an applicant 

21 to U.S. Immigration and Customs Enforcement, U.S. Cus22 toms and Border Protection, or any designee of either 

23 such entity. 

24 (c) EXCEPTIONS.—Notwithstanding subsections (a) 

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1 tified agricultural worker status or adjustment of status 

2 under this title may be shared with Federal security and 

3 law enforcement agencies— 

4 (1) for assistance in the consideration of an ap5 plication under this title; 

6 (2) to identify or prevent fraudulent claims or 

7 schemes; 

8 (3) for national security purposes; or 

9 (4) for the investigation or prosecution of any 

10 felony not related to immigration status. 

11 (d) PENALTY.—Any person who knowingly uses, pub12 lishes, or permits information to be examined in violation 

13 of this section shall be fined not more than $10,000. 

14 (e) PRIVACY.—The Secretary shall ensure that ap15 propriate administrative and physical safeguards are in 

16 place to protect the security, confidentiality, and integrity 

17 of personally identifiable information collected, main18 tained, and disseminated pursuant to this title. 

19 SEC. 130. PENALTIES FOR FALSE STATEMENTS IN APPLICA20 TIONS. 

21 (a) CRIMINAL PENALTY.—Any person who— 

22 (1) files an application for certified agricultural 

23 worker status or adjustment of status under this 

24 title and knowingly falsifies, conceals, or covers up 

25 a material fact or makes any false, fictitious, or 


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1 fraudulent statements or representations, or makes 

2 or uses any false writing or document knowing the 

3 same to contain any false, fictitious, or fraudulent 

4 statement or entry; or 

5 (2) creates or supplies a false writing or docu6 ment for use in making such an application, 

7 shall be fined in accordance with title 18, United States 

8 Code, imprisoned not more than 5 years, or both. 

9 (b) INADMISSIBILITY.—An alien who is convicted 

10 under subsection (a) shall be deemed inadmissible to the 

11 United States under section 212(a)(6)(C)(i) of the Immi12 gration and Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)). 

13 (c) DEPOSIT.—Fines collected under subsection (a) 

14 shall be deposited into the Immigration Examinations Fee 

15 Account pursuant to section 286(m) of the Immigration 

16 and Nationality Act (8 U.S.C. 1356(m)). 

17 SEC. 131. DISSEMINATION OF INFORMATION. 

18 (a) IN GENERAL.—Beginning not later than the first 

19 day of the application period described in section 101(c)— 

20 (1) the Secretary of Homeland Security, in co21 operation with qualified designated entities, shall 

22 broadly disseminate information described in sub23 section (b); and 

24 (2) the Secretary of Agriculture, in consultation 

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1 seminate to agricultural employers a document con2 taining the information described in subsection (b) 

3 for posting at employer worksites. 

4 (b) INFORMATION DESCRIBED.—The information de5 scribed in this subsection shall include— 

6 (1) the benefits that aliens may receive under 

7 this title; and 

8 (2) the requirements that an alien must meet to 

9 receive such benefits. 

10 SEC. 132. EXEMPTION FROM NUMERICAL LIMITATIONS. 

11 The numerical limitations under title II of the Immi12 gration and Nationality Act (8 U.S.C. 1151 et seq.) shall 

13 not apply to the adjustment of aliens to lawful permanent 

14 resident status under this title, and such aliens shall not 

15 be counted toward any such numerical limitation. 

16 SEC. 133. REPORTS TO CONGRESS. 

17 Not later than 180 days after the publication of the 

18 final rule under section 122(a), and annually thereafter 

19 for the following 10 years, the Secretary shall submit a 

20 report to Congress that identifies, for the previous fiscal 

21 year— 

22 (1) the number of principal aliens who applied 

23 for certified agricultural worker status under subtitle 

24 A, and the number of dependent spouses and chil25 dren included in such applications; 


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1 (2) the number of principal aliens who were 

2 granted certified agricultural worker status under 

3 subtitle A, and the number of dependent spouses 

4 and children who were granted certified agricultural 

5 dependent status; 

6 (3) the number of principal aliens who applied 

7 for an extension of their certified agricultural worker 

8 status under subtitle A, and the number of depend9 ent spouses and children included in such applica10 tions; 

11 (4) the number of principal aliens who were 

12 granted an extension of certified agricultural worker 

13 status under subtitle A, and the number of depend14 ent spouses and children who were granted certified 

15 agricultural dependent status under such an exten16 sion; 

17 (5) the number of principal aliens who applied 

18 for adjustment of status under subtitle B, and the 

19 number of dependent spouses and children included 

20 in such applications; 

21 (6) the number of principal aliens who were 

22 granted lawful permanent resident status under sub23 title B, and the number of spouses and children who 

24 were granted such status as dependents; 


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1 (7) the number of principal aliens included in 

2 petitions described in section 101(e), and the num3 ber of dependent spouses and children included in 

4 such applications; and 

5 (8) the number of principal aliens who were 

6 granted H–2A status pursuant to petitions described 

7 in section 101(e), and the number of dependent 

8 spouses and children who were granted H–4 status. 

9 SEC. 134. GRANT PROGRAM TO ASSIST ELIGIBLE APPLI10 CANTS. 

11 (a) ESTABLISHMENT.—The Secretary shall establish 

12 a program to award grants, on a competitive basis, to eli13 gible nonprofit organizations to assist eligible applicants 

14 under this title by providing them with the services de15 scribed in subsection (c). 

16 (b) ELIGIBLE NONPROFIT ORGANIZATION.—For 

17 purposes of this section, the term ‘‘eligible nonprofit orga18 nization’’ means an organization described in section 

19 501(c)(3) of the Internal Revenue Code of 1986 (exclud20 ing a recipient of funds under title X of the Economic 

21 Opportunity Act of 1964 (42 U.S.C. 2996 et seq.)) that 

22 has demonstrated qualifications, experience, and expertise 

23 in providing quality services to farm workers or aliens. 


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1 (c) USE OF FUNDS.—Grant funds awarded under 

2 this section may be used for the design and implementa3 tion of programs that provide— 

4 (1) information to the public regarding the eli5 gibility and benefits of certified agricultural worker 

6 status authorized under this title; and 

7 (2) assistance, within the scope of authorized 

8 practice of immigration law, to individuals submit9 ting applications for certified agricultural worker 

10 status or adjustment of status under this title, in11 cluding— 

12 (A) screening prospective applicants to as13 sess their eligibility for such status; 

14 (B) completing applications, including pro15 viding assistance in obtaining necessary docu16 ments and supporting evidence; and 

17 (C) providing any other assistance that the 

18 Secretary determines useful to assist aliens in 

19 applying for certified agricultural worker status 

20 or adjustment of status under this title. 

21 (d) SOURCE OF FUNDS.—In addition to any funds 

22 appropriated to carry out this section, the Secretary may 

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1 tion and Nationality Act (8 U.S.C. 1356(m)) to carry out 

2 this section. 

3 (e) ELIGIBILITY FOR SERVICES.—Section 504(a)(11) 

4 of Public Law 104–134 (110 Stat. 1321–53 et seq.) shall 

5 not be construed to prevent a recipient of funds under title 

6 X of the Economic Opportunity Act of 1964 (42 U.S.C. 

7 2996 et seq.) from providing legal assistance directly re8 lated to an application for status under this title or to 

9 an alien granted such status. 

10 SEC. 135. AUTHORIZATION OF APPROPRIATIONS. 

11 There is authorized to be appropriated to the Sec12 retary, such sums as may be necessary to implement this 

13 title, including any amounts needed for costs associated 

14 with the initiation of such implementation, for each of fis15 cal years 2022 through 2024. 

16 TITLE II—ENSURING AN AGRI17 CULTURAL WORKFORCE FOR 

18 THE FUTURE 

19 Subtitle A—Reforming the H–2A 

20 Worker Program 

21 SEC. 201. COMPREHENSIVE AND STREAMLINED ELEC22 TRONIC H–2A PLATFORM. 

23 (a) STREAMLINED H–2A PLATFORM.— 

24 (1) IN GENERAL.—Not later than 12 months 

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1 retary of Homeland Security, in consultation with 

2 the Secretary of Labor, the Secretary of Agriculture, 

3 the Secretary of State, and the United States Dig4 ital Service, shall ensure the establishment of an 

5 electronic platform through which a petition for an 

6 H–2A worker may be filed. Such platform shall— 

7 (A) serve as a single point of access for an 

8 employer to input all information and sup9 porting documentation required for obtaining 

10 labor certification from the Secretary of Labor 

11 and the adjudication of the H–2A petition by 

12 the Secretary of Homeland Security; 

13 (B) serve as a single point of access for the 

14 Secretary of Homeland Security, the Secretary 

15 of Labor, and State workforce agencies to con16 currently perform their respective review and 

17 adjudicatory responsibilities in the H–2A proc18 ess; 

19 (C) facilitate communication between em20 ployers and agency adjudicators, including by 

21 allowing employers to— 

22 (i) receive and respond to notices of 

23 deficiency and requests for information; 

24 (ii) submit requests for inspections 

25 and licensing; 


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1 (iii) receive notices of approval and 

2 denial; and 

3 (iv) request reconsideration or appeal 

4 of agency decisions; and 

5 (D) provide information to the Secretary of 

6 State and U.S. Customs and Border Protection 

7 necessary for the efficient and secure processing 

8 of H–2A visas and applications for admission. 

9 (2) OBJECTIVES.—In developing the platform 

10 described in paragraph (1), the Secretary of Home11 land Security, in consultation with the Secretary of 

12 Labor, the Secretary of Agriculture, the Secretary of 

13 State, and the United States Digital Service, shall 

14 streamline and improve the H–2A process, including 

15 by— 

16 (A) eliminating the need for employers to 

17 submit duplicate information and documenta18 tion to multiple agencies; 

19 (B) eliminating redundant processes, where 

20 a single matter in a petition is adjudicated by 

21 more than one agency; 

22 (C) reducing the occurrence of common pe23 tition errors, and otherwise improving and expe24 diting the processing of H–2A petitions; and 


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1 (D) ensuring compliance with H–2A pro2 gram requirements and the protection of the 

3 wages and working conditions of workers. 

4 (b) ONLINE JOB REGISTRY.—The Secretary of Labor 

5 shall maintain a national, publicly accessible online job 

6 registry and database of all job orders submitted by H– 

7 2A employers. The registry and database shall— 

8 (1) be searchable using relevant criteria, includ9 ing the types of jobs needed to be filled, the date(s) 

10 and location(s) of need, and the employer(s) named 

11 in the job order; 

12 (2) provide an interface for workers in English, 

13 Spanish, and any other language that the Secretary 

14 of Labor determines to be appropriate; and 

15 (3) provide for public access of job orders ap16 proved under section 218(h)(2) of the Immigration 

17 and Nationality Act. 

18 SEC. 202. AGRICULTURAL LABOR OR SERVICES. 

19 (a) DEFINITION.—Section 101(a) of the Immigration 

20 and Nationality Act (8 U.S.C. 1101(a)) is amended by 

21 adding at the end the following: 

22 ‘‘(53) The term ‘agricultural labor or services’ 

23 has the meaning given such term by the Secretary 

24 of Agriculture in regulations and includes— 


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1 ‘‘(A) agricultural labor (as such term is de2 fined in section 3121(g) of the Internal Rev3 enue Code of 1986) except as described in sub4 section (g)(4) of such section; 

5 ‘‘(B) agriculture (as such term is defined 

6 in section 3(f) of the Fair Labor Standards Act 

7 of 1938 (29 U.S.C. 203(f))), except that the re8 quirement that such work be performed by a 

9 farmer or on a farm as an incident to or in con10 junction with such farming operations shall not 

11 apply if such work is being performed at the di12 rection of and as incident to or in conjunction 

13 with the farmers’ farming operation; 

14 ‘‘(C) agricultural employment (as such 

15 term is defined in section 3 of the Migrant and 

16 Seasonal Worker Protection Act (29 U.S.C. 

17 1802)); 

18 ‘‘(D) the handling, planting, drying, pack19 ing, packaging, processing, freezing, or grading 

20 prior to delivery for storage of any agricultural 

21 or horticultural commodity in its unmanufac22 tured state; 

23 ‘‘(E) all activities required for the prepara24 tion, processing or manufacturing, for further 

25 distribution, of— 


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1 ‘‘(i) a product of agriculture (as such 

2 term is defined in such section 3(f)); 

3 ‘‘(ii) a product of aquaculture; or 

4 ‘‘(iii) wild-caught fish or shellfish; 

5 ‘‘(F) forestry-related activities; 

6 ‘‘(G) pressing of apples for cider on a 

7 farm; 

8 ‘‘(H) logging employment; 

9 ‘‘(I) activities related to the management 

10 and training of equines; and 

11 ‘‘(J) performing any of the activities de12 scribed in this paragraph for an agricultural 

13 employer (as such term is defined in paragraph 

14 (2) of section 3 of the Migrant and Seasonal 

15 Worker Protection Act (29 U.S.C. 1802), in16 cluding an agricultural cooperative, except that 

17 for purposes of this subparagraph, the limita18 tions described in paragraphs (8)(B)(ii) and 

19 (10)(B)(iii) shall not apply), 

20 except that in regard to labor or services consisting 

21 of meat or poultry processing, the term ‘agricultural 

22 labor or services’ only includes the killing of animals 

23 and the breakdown of their carcasses.’’. 

24 (b) CONFORMING AMENDMENTS.—The Immigration 

25 and Nationality Act (8 U.S.C. 1101 et seq.) is amended— 


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1 (1) in section 101(a)(15)(H), by striking ‘‘, as 

2 defined by the Secretary of Labor in regulations and 

3 including agricultural labor defined in section 

4 3121(g) of the Internal Revenue Code of 1986, agri5 culture as defined in section 3(f) of the Fair Labor 

6 Standards Act of 1938 (29 U.S.C. 203(f)), and the 

7 pressing of apples for cider on a farm, of a tem8 porary or seasonal nature’’; and 

9 (2) in section 218(d)(2), by striking ‘‘of a tem10 porary or seasonal nature’’. 

11 SEC. 203. H–2A PROGRAM REQUIREMENTS. 

12 Section 218 of the Immigration and Nationality Act 

13 (8 U.S.C. 1188) is amended— 

14 (1) in subsection (c), by striking paragraph (4); 

15 (2) by redesignating subsection (i) as subsection 

16 (p); 

17 (3) by inserting after subsection (h) the fol18 lowing: 

19 ‘‘(i) WAGE REQUIREMENTS.—Each employer under 

20 this section will offer the worker, during the period of au21 thorized employment, wages that are at least the greatest 

22 of— 

23 ‘‘(1) 125 percent of the Federal minimum 

24 wage; or 


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1 ‘‘(2) the applicable State or local minimum 

2 wage. 

3 ‘‘(j) HOUSING REQUIREMENTS.—Employers shall 

4 furnish housing in accordance with regulations established 

5 by the Secretary of Labor. Such regulations shall be con6 sistent with the following: 

7 ‘‘(1) IN GENERAL.—The employer shall provide 

8 housing meeting applicable State, Federal, and local 

9 standards, or secure housing which meets the local 

10 standards for rental and/or public accommodations 

11 or other substantially similar class of habitation. 

12 ‘‘(2) FAMILY HOUSING.—The employer shall 

13 provide family housing to workers with families who 

14 request it when it is the prevailing practice in the 

15 area and occupation of intended employment to pro16 vide family housing. 

17 ‘‘(3) UNITED STATES WORKERS.—Notwith18 standing paragraphs (1) and (2), an employer is not 

19 required to provide housing to United States work20 ers who are reasonably able to return to their resi21 dence within the same day. 

22 ‘‘(4) TIMING OF INSPECTION.— 

23 ‘‘(A) IN GENERAL.—The Secretary of 

24 Labor or designee shall make a determination 

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1 ployer for a worker meets the requirements im2 posed by this subsection prior to the date on 

3 which the Secretary of Labor is required to 

4 make a certification with respect to a petition 

5 for the admission of such worker. 

6 ‘‘(B) TIMELY INSPECTION.—The Secretary 

7 of Labor shall provide a process for— 

8 ‘‘(i) an employer to request inspection 

9 of housing up to 60 days before the date 

10 on which the employer will file a petition 

11 under this section; and 

12 ‘‘(ii) biennial inspection of housing for 

13 workers who are engaged in agricultural 

14 employment. 

15 ‘‘(k) TRANSPORTATION REQUIREMENTS.— 

16 ‘‘(1) TRAVEL TO PLACE OF EMPLOYMENT.—A 

17 worker who completes 50 percent of the period of 

18 employment specified in the job order shall be reim19 bursed by the employer for the cost of the worker’s 

20 transportation and subsistence from the place from 

21 which the worker came to work for the employer (or 

22 place of last employment, if the worker traveled 

23 from such place) to the place of employment. 

24 ‘‘(2) TRAVEL FROM PLACE OF EMPLOYMENT.— 

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1 ment specified in the job order or who is terminated 

2 without cause, the employer shall provide or pay for 

3 the worker’s transportation and subsistence from the 

4 place of employment to the place from which the 

5 worker, disregarding intervening employment, came 

6 to work for the employer, or to the place of next em7 ployment, if the worker has contracted with a subse8 quent employer who has not agreed to provide or 

9 pay for the worker’s transportation and subsistence 

10 to such subsequent employer’s place of employment. 

11 ‘‘(3) LIMITATION.— 

12 ‘‘(A) AMOUNT OF REIMBURSEMENT.—Ex13 cept as provided in subparagraph (B), the 

14 amount of reimbursement provided under para15 graph (1) or (2) to a worker need not exceed 

16 the lesser of— 

17 ‘‘(i) the actual cost to the worker of 

18 the transportation and subsistence in19 volved; or 

20 ‘‘(ii) the most economical and reason21 able common carrier transportation 

22 charges and subsistence costs for the dis23 tance involved. 

24 ‘‘(B) DISTANCE TRAVELED.—For travel to 

25 or from the worker’s home country, if the travel 


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1 distance between the worker’s home and the rel2 evant consulate is 50 miles or less, reimburse3 ment for transportation and subsistence may be 

4 based on transportation to or from the con5 sulate. 

6 ‘‘(l) ELIGIBILITY FOR H–2A STATUS AND ADMISSION

7 TO THE UNITED STATES.— 

8 ‘‘(1) VISA VALIDITY.—A visa issued to an H– 

9 2A worker shall be valid for 3 years and shall allow 

10 for multiple entries during the approved period of 

11 admission. 

12 ‘‘(2) PERIOD OF AUTHORIZED STAY; ADMIS13 SION.— 

14 ‘‘(A) IN GENERAL.—An alien admissible as 

15 an H–2A worker shall be authorized to stay in 

16 the United States for the period of employment 

17 specified in the petition approved by the Sec18 retary of Homeland Security under this section. 

19 The maximum continuous period of authorized 

20 stay for an H–2A worker is 36 months. 

21 ‘‘(B) REQUIREMENT TO REMAIN OUTSIDE

22 THE UNITED STATES.—In the case of an H–2A 

23 worker whose maximum continuous period of 

24 authorized stay (including any extensions) has 

25 expired, the alien may not again be eligible for 


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1 such stay until the alien remains outside the 

2 United States for a cumulative period of at 

3 least 45 days. 

4 ‘‘(C) EXCEPTIONS.—The Secretary of 

5 Homeland Security shall deduct absences from 

6 the United States that take place during an H– 

7 2A worker’s period of authorized stay from the 

8 period that the alien is required to remain out9 side the United States under subparagraph (B), 

10 if the alien or the alien’s employer requests 

11 such a deduction, and provides clear and con12 vincing proof that the alien qualifies for such a 

13 deduction. Such proof shall consist of evidence 

14 including, but not limited to, arrival and depar15 ture records, copies of tax returns, and records 

16 of employment abroad. 

17 ‘‘(D) ADMISSION.—In addition to the max18 imum continuous period of authorized stay, an 

19 H–2A worker’s authorized period of admission 

20 shall include an additional period of 10 days 

21 prior to the beginning of the period of employ22 ment for the purpose of traveling to the place 

23 of employment and 45 days at the end of the 

24 period of employment for the purpose of trav25 eling home or seeking an extension of status 


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1 based on a subsequent offer of employment if 

2 the worker has not reached the maximum con3 tinuous period of authorized stay under sub4 paragraph (A) (subject to the exceptions in sub5 paragraph (C)). 

6 ‘‘(3) CONTINUING H–2A WORKERS.— 

7 ‘‘(A) SUCCESSIVE EMPLOYMENT.—An H– 

8 2A worker is authorized to start new or concur9 rent employment upon the filing of a nonfrivo10 lous H–2A petition, or as of the requested start 

11 date, whichever is later if— 

12 ‘‘(i) the petition to start new or con13 current employment was filed prior to the 

14 expiration of the H–2A worker’s period of 

15 admission as defined in paragraph (2)(D); 

16 and 

17 ‘‘(ii) the H–2A worker has not been 

18 employed without authorization in the 

19 United States from the time of last admis20 sion to the United States in H–2A status 

21 through the filing of the petition for new 

22 employment. 

23 ‘‘(B) PROTECTION DUE TO IMMIGRANT

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1 tions on the period of authorized stay described 

2 in paragraph (3), any H–2A worker who— 

3 ‘‘(i) is the beneficiary of an approved 

4 petition, filed under section 204(a)(1)(E) 

5 or (F) for preference status under section 

6 203(b)(3)(A)(iii); and 

7 ‘‘(ii) is eligible to be granted such sta8 tus but for the annual limitations on visas 

9 under section 203(b)(3)(A), 

10 may apply for, and the Secretary of Homeland 

11 Security may grant, an extension of such non12 immigrant status until the Secretary of Home13 land Security issues a final administrative deci14 sion on the alien’s application for adjustment of 

15 status or the Secretary of State issues a final 

16 decision on the alien’s application for an immi17 grant visa. 

18 ‘‘(m) H–2A PETITION PROCEDURES.— 

19 ‘‘(1) IN GENERAL.—The employer shall submit 

20 information required for the adjudication of the H– 

21 2A petition, including a job order, through the elec22 tronic platform no more than 75 calendar days and 

23 no fewer than 60 calendar days before the employ24 er’s first date of need specified in the petition. 


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1 ‘‘(2) FILING BY AGRICULTURAL ASSOCIA2 TIONS.—An association of agricultural producers 

3 that use agricultural services may file an H–2A peti4 tion under paragraph (1). If an association is a joint 

5 or sole employer of workers who perform agricul6 tural labor or services, H–2A workers may be used 

7 for the approved job opportunities of any of the as8 sociation’s producer members and such workers may 

9 be transferred among its producer members to per10 form the agricultural labor or services for which the 

11 petition was approved. 

12 ‘‘(3) PETITIONS INVOLVING STAGGERED

13 ENTRY.—An employer may file a petition involving 

14 employment in the same occupational classification 

15 and same area of intended employment with multiple 

16 start dates if— 

17 ‘‘(A) the petition involves no more than 10 

18 start dates; 

19 ‘‘(B) the multiple start dates share a com20 mon end date; 

21 ‘‘(C) no more than 120 days separate the 

22 first start date and the final start date listed in 

23 the petition; and 

24 ‘‘(D) the need for multiple start dates 

25 arises from variations in labor needs associated 


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1 with the job opportunity identified in the peti2 tion. 

3 ‘‘(4) POST-CERTIFICATION AMENDMENTS.—The 

4 Secretary of Labor shall provide a process for 

5 amending a request for labor certification in con6 junction with an H–2A petition, subsequent to cer7 tification by the Secretary of Labor, in cases in 

8 which the requested amendment does not materially 

9 change the petition (including the job order). 

10 ‘‘(n) SPECIAL PROCEDURES.— 

11 ‘‘(1) IN GENERAL.—The Secretary of Labor, in 

12 consultation with the Secretary of Agriculture and 

13 the Secretary of Homeland Security, may by regula14 tion establish alternate procedures that reasonably 

15 modify program requirements under this section, in16 cluding for special procedures industries, when the 

17 Secretary determines that such modifications are re18 quired due to the unique nature of the work in19 volved. 

20 ‘‘(2) ALLERGY LIMITATION.—An employer en21 gaged in the commercial beekeeping or pollination 

22 services industry may require that an applicant be 

23 free from bee pollen, venom, or other bee-related al24 lergies. 

25 ‘‘(3) SPECIAL PROCEDURES INDUSTRIES.— 


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1 ‘‘(A) APPLICATION.—An individual em2 ployer in a special procedures industry may file 

3 a program petition on its own behalf or in con4 junction with an association of employers. The 

5 employer’s petition may be part of several re6 lated petitions submitted simultaneously that 

7 constitute a master petition. 

8 ‘‘(B) SPECIAL PROCEDURES INDUSTRY DE9 FINED.—In this subsection, the term ‘special 

10 procedures industry’ means— 

11 ‘‘(i) sheepherding and goat herding; 

12 ‘‘(ii) itinerant commercial beekeeping 

13 and pollination; 

14 ‘‘(iii) open range production of live15 stock; 

16 ‘‘(iv) itinerant animal shearing; and 

17 ‘‘(v) custom combining industries.’’; 

18 and 

19 (4) in subsection (p), as so redesignated, by 

20 adding at the end the following: 

21 ‘‘(3) TEMPORARILY.—The term ‘temporarily’ 

22 means a period not exceeding 350 days. 

23 ‘‘(4) JOB ORDER.—The term ‘job order’ means 

24 the document containing the material terms and 

25 conditions of employment, including obligations and 


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1 assurances required under this section or any other 

2 law.’’. 

3 SEC. 204. PORTABLE H–2A VISA PILOT PROGRAM. 

4 (a) ESTABLISHMENT OF PILOT PROGRAM.— 

5 (1) IN GENERAL.—Not later than 18 months 

6 after the date of the enactment of this Act, the Sec7 retary of Homeland Security, in consultation with 

8 the Secretary of Labor and the Secretary of Agri9 culture, shall establish through regulation a 6-year 

10 pilot program to facilitate the free movement and 

11 employment of H–2A workers to perform agricul12 tural labor or services for agricultural employers 

13 registered with the Secretary of Agriculture. Not14 withstanding the requirements of section 218 of the 

15 Immigration and Nationality Act, such regulation 

16 shall establish the requirements for the pilot pro17 gram, consistent with subsection (b). For purposes 

18 of this section, such a worker shall be referred to as 

19 a portable H–2A worker, and status as such a work20 er shall be referred to as portable H–2A status. 

21 (2) ONLINE PLATFORM.—The Secretary of 

22 Homeland Security, in consultation with the Sec23 retary of Labor and the Secretary of Agriculture, 

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1 tural employers seeking workers to perform agricul2 tural labor or services. Employers shall post on the 

3 platform available job opportunities, including a de4 scription of the nature and location of the work to 

5 be performed, the anticipated period or periods of 

6 need, and the terms and conditions of employment. 

7 Such platform shall allow portable H–2A workers to 

8 search for available job opportunities using relevant 

9 criteria, including the types of jobs needed to be 

10 filled and the dates and locations of need. 

11 (3) LIMITATION.—Notwithstanding the 

12 issuance of the regulation described in paragraph 

13 (1), the Secretary of State may not issue a portable 

14 H–2A visa and the Secretary of Homeland Security 

15 may not confer portable H–2A status on any alien 

16 until the Secretary of Homeland Security, in con17 sultation with the Secretary of Labor and the Sec18 retary of Agriculture, has determined that a suffi19 cient number of employers have been designated as 

20 registered agricultural employers under subsection 

21 (b)(1) and that such employers have sufficient job 

22 opportunities to employ a reasonable number of 

23 portable H–2A workers to initiate the pilot program. 

24 (b) PILOT PROGRAM ELEMENTS.—The pilot program 

25 in subsection (a) shall contain the following elements: 


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1 (1) REGISTERED AGRICULTURAL EMPLOY2 ERS.— 

3 (A) DESIGNATION.—Agricultural employ4 ers shall be provided the ability to seek designa5 tion as registered agricultural employers. Rea6 sonable fees may be assessed commensurate 

7 with the cost of processing applications for des8 ignation. A designation shall be valid for a pe9 riod of up to 3 years unless revoked for failure 

10 to comply with program requirements. Reg11 istered employers that comply with program re12 quirements may apply to renew such designa13 tion for additional periods of up to 3 years for 

14 the duration of the pilot program. 

15 (B) LIMITATIONS.—Registered agricultural 

16 employers may employ aliens with portable H– 

17 2A status without filing a petition. Such em18 ployers shall pay such aliens at least the wage 

19 required under section 218(d) of the Immigra20 tion and Nationality Act (8 U.S.C. 1188(d)). 

21 (C) WORKERS’ COMPENSATION.—If a job 

22 opportunity is not covered by or is exempt from 

23 the State workers’ compensation law, a reg24 istered agricultural employer shall provide, at 

25 no cost to the worker, insurance covering injury 


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1 and disease arising out of, and in the course of, 

2 the worker’s employment, which will provide 

3 benefits at least equal to those provided under 

4 the State workers’ compensation law. 

5 (2) DESIGNATED WORKERS.— 

6 (A) IN GENERAL.—Individuals who have 

7 been previously admitted to the United States 

8 in H–2A status, and maintained such status 

9 during the period of admission, shall be pro10 vided the opportunity to apply for portable H– 

11 2A status. Portable H–2A workers shall be sub12 ject to the provisions on visa validity and peri13 ods of authorized stay and admission for H–2A 

14 workers described in paragraphs (2) and (3) of 

15 section 218(j) of the Immigration and Nation16 ality Act (8 U.S.C. 1188(j)(2) and (3)). 

17 (B) LIMITATIONS ON AVAILABILITY OF

18 PORTABLE H–2A STATUS.— 

19 (i) INITIAL OFFER OF EMPLOYMENT

20 REQUIRED.—No alien may be granted 

21 portable H–2A status without an initial 

22 valid offer of employment to perform tem23 porary or agricultural labor or services 

24 from a registered agricultural employer. 


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1 (ii) NUMERICAL LIMITATION.—The 

2 total number of aliens who may hold valid 

3 portable H–2A status at any one time may 

4 not exceed 10,000. 

5 (C) SCOPE OF EMPLOYMENT.—During the 

6 period of admission, a portable H–2A worker 

7 may perform agricultural labor or services for 

8 any employer in the United States that is des9 ignated as a registered agricultural employer 

10 pursuant to paragraph (1). An employment ar11 rangement under this section may be termi12 nated by either the portable H–2A worker or 

13 the registered agricultural employer at any 

14 time. 

15 (D) TRANSFER TO NEW EMPLOYMENT.— 

16 At the cessation of employment with a reg17 istered agricultural employer, a portable H–2A 

18 worker shall have 60 days to secure new em19 ployment with a registered agricultural em20 ployer. 

21 (E) MAINTENANCE OF STATUS.—A port22 able H–2A worker who does not secure new em23 ployment with a registered agricultural em24 ployer within 60 days shall be considered to 

25 have failed to maintain such status and shall 


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1 depart the United States or be subject to re2 moval under section 237(a)(1)(C)(i) of the Im3 migration and Nationality Act (8 U.S.C. 

4 1188(a)(1)(C)(i)). 

5 (3) ENFORCEMENT.—The Secretary of Labor 

6 shall be responsible for conducting investigations 

7 and random audits of employers to ensure compli8 ance with the employment-related requirements of 

9 this section, consistent with section 218(m) of the 

10 Immigration and Nationality Act (8 U.S.C. 

11 1188(m)). The Secretary of Labor shall have the au12 thority to collect reasonable civil penalties for viola13 tions, which shall be utilized by the Secretary for the 

14 administration and enforcement of the provisions of 

15 this section. 

16 (4) ELIGIBILITY FOR SERVICES.—Section 305 

17 of Public Law 99–603 (100 Stat. 3434) is amended 

18 by striking ‘‘other employment rights as provided in 

19 the worker’s specific contract under which the non20 immigrant was admitted’’ and inserting ‘‘employ21 ment-related rights’’. 

22 (c) REPORT.—Not later than 6 months before the 

23 end of the third fiscal year of the pilot program, the Sec24 retary of Homeland Security, in consultation with the Sec25 retary of Labor and the Secretary of Agriculture, shall 


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1 prepare and submit to the Committees on the Judiciary 

2 of the House of Representatives and the Senate, a report 

3 that provides— 

4 (1) the number of employers designated as reg5 istered agricultural employers, broken down by geo6 graphic region, farm size, and the number of job op7 portunities offered by such employers; 

8 (2) the number of employers whose designation 

9 as a registered agricultural employer was revoked; 

10 (3) the number of individuals granted portable 

11 H–2A status in each fiscal year, along with the 

12 number of such individuals who maintained portable 

13 H–2A status during all or a portion of the 3-year 

14 period of the pilot program; 

15 (4) an assessment of the impact of the pilot 

16 program on the wages and working conditions of 

17 United States farm workers; 

18 (5) the results of a survey of individuals grant19 ed portable H–2A status, detailing their experiences 

20 with and feedback on the pilot program; 

21 (6) the results of a survey of registered agricul22 tural employers, detailing their experiences with and 

23 feedback on the pilot program; 


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1 (7) an assessment as to whether the program 

2 should be continued and if so, any recommendations 

3 for improving the program; and 

4 (8) findings and recommendations regarding ef5 fective recruitment mechanisms, including use of 

6 new technology to match workers with employers 

7 and ensure compliance with applicable labor and em8 ployment laws and regulations. 

Æ 


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