Secure the Border Act of 2023

Subjects: Immigration, Administrative remedies, Border security and unlawful immigration, Child safety and welfare, Civil actions and liability, Computer security and identity theft, Criminal investigation, prosecution, interrogation, Criminal justice information and records, Department of Homeland Security, Detention of persons, Domestic violence and child abuse, El Salvador, Employee hiring, Executive agency funding and structure, Family relationships, Federal preemption, Foreign labor, Fraud offenses and financial crimes, Government information and archives, Government studies and investigations, Guatemala, Honduras, Immigration status and procedures, Internet, web applications, social media, Latin America, Law enforcement officers, Licensing and registrations, Mexico, Migrant, seasonal, agricultural labor, Personnel records, Photography and imaging, Public contracts and procurement, Refugees, asylum, displaced persons, State and local government operations, Telephone and wireless communication, Visas and passports

Summary:  <p><b>Secure the Border Act of 2023</b></p> <p>This bill makes various changes to immigration law, including by imposing limits on asylum eligibility and requiring employers to use an electronic system to verify the employment eligibility of new employees.</p> <p>DIVISION A--BORDER SECURITY</p> <p>This division requires certain actions related to border security. </p> <p>(Sec. 102) This section requires the Department of Homeland Security (DHS) to resume all activities related to constructing a wall along the U.S.-Mexico border that were underway or planned prior to January 20, 2021.</p> <p>(Sec. 103) This section imposes additional requirements on DHS related to the construction of barriers along the U.S.-Mexico border. For example, the bill requires DHS to construct a border wall (including related infrastructure and technology) along at least 900 miles of that border, whereas currently DHS is required to have at least 700 miles of reinforced fencing along that border.</p> <p>This section also requires DHS to waive all legal requirements necessary to ensure the expeditious construction of the border barriers, whereas currently DHS is authorized to waive such requirements.</p> <p>(Sec. 104) This section requires U.S. Customs and Border Protection (CBP) to submit a strategic five-year technology investment plan to Congress.</p> <p>(Sec. 105) This section imposes certain documentation and acquisition-related standards on major border security technology acquisitions, generally those that cost at least $100 million based on FY2023 constant dollars. </p> <p>(Sec. 106) This section requires CBP to (1) ensure that each CBP officer or agent is equipped with a two-way communication device, (2) fully implement the Border Security Deployment Program (a border surveillance program), and (3) upgrade license plate readers as needed at ports of entry along the northern and southern borders. </p> <p>(Sec. 107) This section authorizes retention bonuses for eligible frontline U.S. Border Patrol law enforcement agents. </p> <p>The section also requires CBP to maintain an active duty presence of at least 22,000 full-time equivalent Border Patrol agents by September 30, 2025.</p> <p>(Sec. 108) This section modifies a provision that exempts certain applicants for CBP law enforcement positions from having to take a polygraph test. For example, this section provides this exemption to certain law enforcement officers, whereas currently the waiver is only available to eligible veterans. </p> <p>The waiver provision established by this section is not applicable during periods when CBP certifies that it has met certain staffing requirements. </p> <p>(Sec. 109) This section requires CBP to implement a workload staffing model for the Border Patrol and CBP Air and Marine Operations.</p> <p>(Sec. 110) This section provides statutory authorization for Operation Stonegarden, a program which provides grants to law enforcement agencies that are (1) in a state with an international land or maritime border, and (2) involved in an active CBP operation coordinated through the Border Patrol. </p> <p>(Sec. 111) This section establishes certain requirements for CBP Air and Marine Operations. For example, CBP must ensure that its Air and Marine Operations (1) carry out at least 110,000 flight hours each year, and (2) operate unmanned aircraft systems (drones) on the southern border 24 hours a day. </p> <p>(Sec. 112) This section requires DHS to hire contractors to begin eradicating certain plant growth along the Rio Grande River that impedes border security operations.</p> <p>(Sec. 113) This section requires the Border Patrol to issue a Border Patrol Strategic Plan to enhance border security.</p> <p>(Sec. 115) This section prohibits DHS from (1) processing the entry of non-U.S. nationals (<i>aliens</i> under federal law) arriving in between ports of entry; (2) providing funds to nongovernmental organizations (NGOs) that facilitate or encourage unlawful activity; or (3) providing funds to NGOs that provide certain services, such as lodging or immigration legal services, to inadmissible non-U.S. nationals who enter the United States.</p> <p>(Sec. 116) This section requires DHS to ensure that CBP is, within 14 days of this bill's enactment, fully compliant with federal DNA and biometric collection requirements at U.S. land borders. </p> <p>(Sec. 117) This section requires CBP to periodically review and update, as necessary, manuals and policies related to inspections at ports of entry to ensure the uniformity of inspection practices to effectively detect illegal activity along the border, such as the smuggling of drugs and humans. </p> <p>(Sec. 118) This section requires CBP to publish information monthly about CBP encounters with non-U.S. nationals, including the total number of encounters and the nationalities of the individuals encountered. </p> <p>(Sec. 119) This section requires CBP to, within seven days of this bill's enactment, certify to Congress that CBP has real-time access to the criminal history databases of all countries of origin and transit for non-U.S. nationals encountered by CBP. </p> <p>(Sec. 120) This section prohibits the Transportation Security Administration (TSA) from accepting as proof of identification certain documents, such as a warrant issued by U.S. Immigration and Customs Enforcement (ICE) or an employment authorization issued by DHS.</p> <p>The TSA must collect the biometric information of any individual who (1) seeks to enter the aircraft boarding area of an airport where access is controlled by the TSA, (2) does not present an accepted identification document, and (3) the TSA cannot verify is a U.S. national. The TSA must share this collected biometric information with the Automated Biometric Identification System (IDENT).</p> <p>(Sec. 121) This section prohibits DHS from (1) issuing any COVID-19 vaccine mandate unless expressly authorized by Congress, or (2) taking any adverse action against an employee based solely on the employee's refusal to receive a COVID-19 vaccine.</p> <p>(Sec. 122) This section limits the use of the CBP One mobile application or a similar program. Specifically, DHS may only use such an application for inspecting perishable cargo.</p> <p>(Sec. 124) This section requires the Government Accountability Office to study and report to Congress on the costs incurred by states in support of the federal mission to secure the southwest border and the feasibility of reimbursing states for such costs. </p> <p>(Sec. 125) This section requires the Office of Inspector General of DHS to annually report to Congress on the economic and security impact of mass migration to municipalities and states along the southwest border. </p> <p>(Sec. 126) This section specifies that no funds are authorized to be appropriated for specified DHS activities, including a pilot program for alternatives to detention or purchasing electric vehicles.</p> <p>(Sec. 128) This section requires the Office of Inspector General of DHS to report to Congress an assessment of CBP's ability to mitigate unmanned aircraft systems along the southwest border. </p> <p>DIVISION B--IMMIGRATION ENFORCEMENT AND FOREIGN AFFAIRS</p> <p>TITLE I--ASYLUM REFORM AND BORDER PROTECTION</p> <p>This title imposes additional requirements for asylum eligibility. </p> <p>(Sec. 101) This section expands provisions that bar certain individuals from applying for asylum.</p> <p>Currently, an individual may not apply for asylum if that individual may be removed to a third country (i.e., a country that is not the applicant's country of nationality or last habitual residence) if that third country has (1) a full and fair asylum process that the individual could use, and (2) an agreement with the United States allowing for such removals. This section expands this provision by authorizing removal to third countries that do not have an agreement with the United States.</p> <p>This section also bars an individual from applying for asylum if the individual traveled through at least one third country before arriving in the United States, with certain exceptions (e.g., the individual applied for and was denied asylum in that third country). </p> <p>(Sec. 102) This section modifies the standard for establishing an asylum applicant's credible fear of persecution. </p> <p>Specifically, to find credible fear, an asylum officer must find that the applicant could <i>more likely than not</i> establish eligibility for asylum. Currently, an asylum officer must conclude that there is a significant possibility that the applicant could establish eligibility for asylum. </p> <p>(Sec. 103) This section limits asylum eligibility to individuals who arrived in the United States at a port of entry.</p> <p>(Sec. 104) This section expands the types of crimes that may make an individual ineligible for asylum, such as a conviction for (1) a misdemeanor relating to the unlawful possession or use of an identification, (2) an offense for driving while intoxicated causing another person's serious bodily injury or death, or (3) any felony. </p> <p>This section further expands this bar to asylum eligibility by broadening the definition of felony to include any crime that is punishable by more than one year of imprisonment. (Some states have misdemeanors that are punishable by imprisonment of more than a year.) Currently, a felony is generally not a bar against asylum eligibility, though certain felonies, such as one for a particularly serious crime, would bar an individual if the individual constitutes a danger to the community.</p> <p>(Sec. 105) This section establishes a duration of six months for an employment authorization for an applicant for asylum. Such an employment authorization may also be renewed for six months or terminated under specified conditions.</p> <p>(Sec. 106) This section requires DHS to charge a fee for each asylum application, except for one filed by an unaccompanied alien child. Currently, DHS is authorized but not required to charge such fees. </p> <p>The section also authorizes DHS to charge fees for a refugee's application for employment authorization or for lawful permanent resident status. </p> <p>(Sec. 107) This section increases the requirements for qualifying as a refugee.</p> <p>Generally, a refugee must have a well-founded fear of persecution based on certain characteristics, such as the individual's race, membership in a particular social group, or political opinion. </p> <p>The section establishes additional requirements for meeting these criteria. For example, such persecution may not be based solely on (1) infrequently enforced laws or government policies unless there is credible evidence that the law or policy would be personally applied to the individual, or (2) conduct of rogue government officials acting outside their official capacity.</p> <p>Furthermore, to be a member of a particular social group, the asylum applicant must establish that the group exists independently of the alleged acts of persecution (i.e., the group cannot be defined solely as the victims of the alleged persecution). </p> <p>The section also imposes limits on when DHS or DOJ may exercise discretion in favor of an asylum applicant. For example, favorable discretion may not be exercised, with certain exceptions, for an applicant who (1) has been unlawfully present in the United States for more than one year before applying for asylum; or (2) failed to file federal, state, or local tax returns. </p> <p>(Sec. 108) This section establishes certain situations when an asylum applicant must be considered to have firmly resettled in another country. (Generally, an individual who has firmly resettled in a country that is not their country of nationality is not eligible for asylum.)</p> <p>For example, an individual must be considered to have firmly resettled in another country if, after the events giving rise to the asylum claim, the individual resided in a country where the individual was eligible for any permanent or indefinitely renewable legal immigration status, such as refugee status. </p> <p>(Sec. 109) This section establishes a statutory definition of what constitutes a frivolous asylum application, whereas currently this definition is defined in regulations. Under this bill, an application is frivolous if (1) it is so insufficient in substance that it is clear that it was filed to achieve another objective, such as to delay removal; or (2) any material elements are knowingly fabricated. </p> <p>(Sec. 111) This section requires DOJ to establish procedures to expedite the adjudication of asylum applications from individuals who are (1) subject to formal removal proceedings; and (2) nationals of a Western Hemisphere country subject to sanctions related to Cuba, Nicaragua, or Venezuela. </p> <p>TITLE II--BORDER SAFETY AND MIGRANT PROTECTION</p> <p>(Sec. 201) This section expands the category of non-U.S. nationals who are subject to expedited removal (i.e., removal without further hearing or review) and addresses related issues.</p> <p>Specifically, this section requires expedited removal for individuals who are unlawfully present or who unlawfully entered the United States. (Currently, DHS may, but is not required to, apply expedited removal to unlawfully present individuals who have been physically present in the United States for less than two years.) </p> <p>This section also requires, with certain exceptions, detention for individuals who (1) are subject to expedited removal, (2) are subject to expedited removal and have expressed an intention to apply for asylum, or (3) have established a credible fear of persecution and are awaiting consideration of an asylum application.</p> <p>If DHS cannot comply with this detention requirement or remove an individual to a safe third country, DHS must return the individual to the neighboring country that the individual traveled through to reach the United States while the individual's case is pending. </p> <p>A state may sue DHS to enforce the requirements imposed by this section.</p> <p>This section also authorizes DHS to suspend the introduction of certain non-U.S. nationals at an international border if DHS determines that the suspension is necessary to achieve operational control of that border. </p> <p>(Sec. 202) This section requires DHS to take all actions necessary to reopen or restore all ICE detention facilities that were in operation on January 20, 2021. </p> <p>TITLE III--PREVENTING UNCONTROLLED MIGRATION FLOWS IN THE WESTERN HEMISPHERE</p> <p>(Sec. 302) This section requires the Department of State to seek to negotiate agreements with Western Hemisphere countries on cooperation and burden sharing on issues related to asylum seekers and immigration.</p> <p>(Sec. 303) This section requires the State Department to periodically brief Congress on the process of its negotiations pursuant to the previous section of this bill.</p> <p>TITLE IV--ENSURING UNITED FAMILIES AT THE BORDER</p> <p>(Sec. 401) This section statutorily establishes that there is no presumption that an alien child (other than an unaccompanied child) should not be detained for immigration purposes. </p> <p>Specifically, the section states that the detention of such minors shall be governed by specified sections of the Immigration and Nationality Act and not any other provision of law, judicial ruling, or settlement agreement.</p> <p>(A 1997 settlement agreement, commonly known as the <i>Flores</i> agreement, imposes requirements relating to the treatment of detained alien minors, including requiring such minors to be released or placed in a nonsecure facility after a certain amount of time in detention.)</p> <p>If an adult enters the United States unlawfully with their child, DHS must detain the adult and child together if the only criminal charge against the adult is for unlawful entry.</p> <p>This section also prohibits states from imposing licensing requirements on immigration detention facilities used to detain minors or families with minors. </p> <p>TITLE V--PROTECTION OF CHILDREN</p> <p>(Sec. 502) This section modifies the treatment of unaccompanied alien children, including by requiring DHS to remove such children, with some exceptions, from the United States.</p> <p>Current law authorizes DHS to remove an unaccompanied alien child to their country of nationality or last habitual residence if that country is next to the United States. This section (1) eliminates the requirement that the country is next to the United States; and (2) requires DHS to remove the child, whereas currently DHS is authorized to do so.</p> <p>This section also authorizes immigration officers to permit such a child to withdraw their application for admission into the United States even if the child is unable to make an independent decision to withdraw the application.</p> <p>This section also establishes and modifies deadlines for the handling of unaccompanied alien children. For example, if the child is a victim of a severe form of human trafficking or has a credible fear of persecution, the child must be placed in formal removal proceedings and have a hearing before an immigration judge within 14 days of screening.</p> <p>Furthermore, before DHS places an unaccompanied alien child with an individual, the Department of Health and Human Services must provide DHS with certain information about the individual, including the individual's social security number and immigration status. DHS must initiate removal proceedings if the individual is unlawfully present. </p> <p>(Sec. 503) This section tightens the eligibility requirements for Special Immigrant Juvenile visas (immigrant visas for qualifying non-U.S. nationals under 21 years of age who are in the United States and have been abused, abandoned, or neglected by a parent). </p> <p>Currently, an otherwise eligible individual may qualify for the visa if the individual cannot reunite with one or both parents due to abuse, neglect, or abandonment (i.e., an individual may qualify even if reunification with one parent is possible). Under this section, an individual shall not qualify for the visa if reunification is possible with any parent or legal guardian. </p> <p>TITLE VI--VISA OVERSTAYS PENALTIES</p> <p>(Sec. 601) This section increases the civil penalties for unlawful entry into the United States and establishes criminal penalties for overstaying a visa.</p> <p>An individual apprehended while unlawfully entering the United States shall be subject to a fine of at least $500 and up to $1,000 (currently at least $50 and up to $250).</p> <p>If an individual overstays a visa (or otherwise fails to comply with the conditions of a visa) for 10 days or more, on first offense the individual shall be subject to fines or imprisonment for up to six months, or both. For subsequent violations, the individual shall be subject to fines or imprisonment of up to two years, or both. </p> <p>TITLE VII--IMMIGRATION PAROLE REFORM</p> <p>(Sec. 701) This section limits the authority of DHS to grant parole (temporary admission into the United States for urgent humanitarian reasons or significant public benefit that is granted on a case-by-case basis).</p> <p>Under this section, DHS may not grant parole based on eligibility criteria describing an entire class of potential parole recipients. </p> <p>This section restricts DHS from granting parole to non-U.S. nationals who are already in the United States, with specified exceptions, such as for certain individuals who already have an approved petition for a family-sponsored visa and are the spouse or child of an active duty member of the Armed Forces.</p> <p>The section further restricts the authority of DHS to grant parole, including by limiting (1) what constitutes granting parole on a case-by-case basis, (2) the authority to grant parole to purposes laid out in the section, and (3) the length of the parole period that may be granted to an individual.</p> <p>(Sec. 702) This title takes effect 30 days after enactment of this bill, with specified exceptions.</p> <p>(Sec. 703) This section authorizes persons (individuals or entities), states, and local governments to sue the federal government for failing to comply with this title's requirements if the person or government bringing the lawsuit suffered at least $1,000 of financial harm as a result of the failure. </p> <p>TITLE VIII--LEGAL WORKFORCE</p> <p>This title requires employers to use an electronic employment eligibility verification system modeled after the E-Verify program and addresses other issues related to employment eligibility.</p> <p>(Sec. 801) This section requires all employers to use the electronic employment eligibility verification system established under section 802 of this bill. The section also makes other changes to the requirements for employers to confirm the identity and employment eligibility of new employees, such as by imposing additional limits on the documents which may be used to verify an individual's identity and employment eligibility.</p> <p>This section establishes procedures related to the verification system's use. For example, if the system provides a tentative nonconfirmation of an individual's identity or work eligibility, the individual may challenge the result by using the system's secondary verification process. If the individual does not challenge the tentative nonconfirmation, the result shall become final.</p> <p>An employer may not rescind an employment offer or fire an employee for a tentative nonconfirmation until the result becomes final. </p> <p>If an employer hires (or does not fire) an individual after a final nonconfirmation of identity or employment eligibility, the employer must inform DHS that it has done so. Failure to inform DHS shall constitute a failure to meet requirements to verify employment eligibility. Hiring or not firing an individual with a final nonconfirmation shall constitute a rebuttable presumption that the employer has failed to meet the eligibility verification requirements.</p> <p>This section phases in the requirement to use the new system to verify new hires. The first group of employers required to use the system, nonagricultural employers with 10,000 or more U.S. employees, must do so beginning six months after this title's enactment. Employers with fewer employees are subject to later deadlines. Agricultural employers must start using the system beginning three years after this title's enactment. DHS must grant a one-time extension to this deadline upon request to employers with 50 or fewer employees. </p> <p>Employers must also use the system to reverify individuals on limited periods of work authorization (e.g., a work visa) no later than three days after the authorization expires. This requirement is subject to the same phase-in schedule as the requirement for verifying new hires. </p> <p>This section also requires employers to use the system to verify the identity and employment eligibility of certain previously hired individuals, such as (1) federal or state employees who were not previously verified under E-Verify, and (2) individuals using a Social Security number that the Social Security Administration (SSA) has flagged for a pattern of unusual use. </p> <p>Employers may voluntarily choose to use the system before being required to do so by this section, subject to certain requirements.</p> <p>An employer who has made a good faith attempt to comply with this section's requirements shall be deemed to be in compliance unless the employer (1) does not to correct a failure after being informed by DHS of the failure, or (2) has engaged in a pattern or practice of violations of this section's requirements.</p> <p>DHS may extend the deadlines in this section by six months by certifying to Congress that the verification system will not be fully operational within six months of this title's enactment. </p> <p>(Sec. 802) This section requires DHS to establish and administer an employment eligibility confirmation modeled after the E-Verify system. </p> <p>The system must (1) respond to electronic inquiries concerning an individual's identity and authorization to work in the United States; and (2) maintain records about such inquiries, including the responses to the inquiries. </p> <p>The system must provide an initial response to an inquiry within three working days. For cases where the initial response is a tentative nonconfirmation of the individual's employment eligibility, the system must have a secondary verification process which, if used, must provide a final result within 10 working days of the initial response, with extensions available on a case-by-case basis. </p> <p>DHS and the SSA must establish methods to provide and update the information required for the system to respond to inquiries. </p> <p>DHS may authorize or require a person responsible for critical infrastructure to use the verification system if doing so would help protect the critical infrastructure.</p> <p>An individual who alleges that they lost a job or job offer due to an error by the verification system may (1) seek compensation only through the Federal Tort Claims Act, and (2) injunctive relief. Such an individual may not bring a class action lawsuit. <br> <br> (Sec. 803) This section requires individuals and entities that recruit or refer individuals for employment, including union hiring halls and public or private labor service agencies, to use the verification system when recruiting or making a referral.</p> <p>(Sec. 804) This section establishes that an employer (or an entity that recruits or refers for employment) who uses the verification system in good faith is not liable for employment-related actions taken in good-faith reliance on the information provided by the system. <br> <br> (Sec. 805) This section preempts any state or local laws relating to the employment and employment eligibility verification of unauthorized non-U.S. nationals.</p> <p>States and localities may take certain actions to enforce this title's provisions, including using its business licensing authority to penalize businesses for failing to use the verification system. </p> <p>(Sec. 806) This section repeals the provisions that established the E-Verify pilot program. It also establishes that any reference in federal law, executive order, rule, or regulation that refers to the E-Verify pilot program is deemed to refer to the verification program established by Section 802 of this bill. </p> <p>(Sec. 807) This section increases the civil monetary penalties for hiring, recruiting, and referral violations involving unauthorized workers and establishes that failing to use the verification system established by this title constitutes such a violation. The section also increases the criminal penalties for engaging in a pattern or practice of such violations.</p> <p>DHS may debar an individual or entity from receiving federal contracts and grants for repeat hiring violations (including failures to use the verification system) or a criminal conviction for such a violation.</p> <p>DHS shall also establish an office to (1) receive information from state and local agencies about potential hiring, recruiting, and referral violations involving unauthorized workers, and (2) investigate claims based on such information.</p> <p>(Sec. 808) This section establishes that an individual who knowing misuses a document meant to establish work authorization is subject to fines, imprisonment for up to five years, or both. (Currently, the statute in question only refers to misusing identification documents.)</p> <p>(Sec. 809) This section requires DHS and the SSA to enter into an agreement by October 1, 2023, to provide funds to the SSA for the full costs of its responsibilities under this title. </p> <p>(Sec. 810) This section requires DHS to establish programs to combat fraud related to the employment eligibility verification system established by this title. </p> <p>Specifically, DHS must, in consultation with the SSA, establish programs to (1) block Social Security numbers with unusual use patterns in the system, (2) allow individuals to suspend or limit the use of their Social Security numbers or other identifying information in the system, and (3) allow parents to suspend or limit the use of their child's Social Security number or other identifying information in the system. </p> <p>(Sec. 812) This section requires DHS to establish at least two pilot programs that use different technologies for verifying the identity and employment eligibility of new employees. </p> <p>(Sec. 813) This section requires the Office of the Inspector General of the SSA to find unauthorized workers by auditing cases involving (1) a worker disputing wages reported on their Social Security number, (2) a child's Social Security number being used for work purposes, or (3) an employer with many workers with mismatched Social Security numbers or names. The SSA must report these audits to Congress. </p> <p>(Sec. 816) This section nullifies two Department of Labor final rules related to H-2A (temporary or seasonal agricultural workers) visas.</p> <p>The first final rule is entitled <a href="https://www.federalregister.gov/documents/2022/10/12/2022-20506/temporary-agricultural-employment-of-h-2a-nonimmigrants-in-the-united-states"><i>Temporary Agricultural Employment of H-2A Nonimmigrants in the United States</i></a> and was published on October 12, 2022. This rule makes various changes to the program, including by (1) modifying rules relating to what constitutes joint employment and when employers are treated as joint employers; and (2) requiring rental accommodations used to house H-2A workers to meet applicable local, state, or federal health and safety standards.</p> <p>The second final rule is entitled <a href="https://www.federalregister.gov/documents/2023/02/28/2023-03756/adverse-effect-wage-rate-methodology-for-the-temporary-employment-of-h-2a-nonimmigrants-in-non-range"><i>Adverse Effect Wage Rate Methodology for the Temporary Employment of H-2A Nonimmigrants in Non-Range Occupations in the United States</i></a> and was published on February 28, 2023. This rule makes changes to the methodology used to set adverse effect wage rates, including by using Bureau of Labor Statistics wage surveys in certain instances. (Generally, the minimum wage for an H-2A worker is the highest of the adverse effect wage rate, the applicable minimum wage, the prevailing wage for that occupation in that area, or any agreed-upon collective bargaining wage.) </p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                 H. R. 2

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 2, 2023

 Mr. Diaz-Balart (for himself, Mr. McClintock, Mr. Green of Tennessee, 
 Mr. Jordan, Mr. Higgins of Louisiana, Mr. Biggs, Mr. Carter of Texas, 
 Mr. Calvert, and Mr. Moran) 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, Education and the 
    Workforce, and Foreign Affairs, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Secure the Border 
Act of 2023''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

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

Sec. 101. Definitions.
Sec. 102. Border wall construction.
Sec. 103. Strengthening the requirements for barriers along the 
                            southern border.
Sec. 104. Border and port security technology investment plan.
Sec. 105. Border security technology program management.
Sec. 106. U.S. Customs and Border Protection technology upgrades.
Sec. 107. U.S. Customs and Border Protection personnel.
Sec. 108. Anti-Border Corruption Act reauthorization.
Sec. 109. Establishment of workload staffing models for U.S. Border 
                            Patrol and Air and Marine Operations of 
                            CBP.
Sec. 110. Operation Stonegarden.
Sec. 111. Air and Marine Operations flight hours.
Sec. 112. Eradication of carrizo cane and salt cedar.
Sec. 113. Border patrol strategic plan.
Sec. 114. U.S. Customs and Border Protection spiritual readiness.
Sec. 115. Restrictions on funding.
Sec. 116. Collection of DNA and biometric information at the border.
Sec. 117. Eradication of narcotic drugs and formulating effective new 
                            tools to address yearly losses of life; 
                            ensuring timely updates to U.S. Customs and 
                            Border Protection field manuals.
Sec. 118. Publication by U.S. Customs and Border Protection of 
                            operational statistics.
Sec. 119. Alien criminal background checks.
Sec. 120. Prohibited identification documents at airport security 
                            checkpoints; notification to immigration 
                            agencies.
Sec. 121. Prohibition against any COVID-19 vaccine mandate or adverse 
                            action against DHS employees.
Sec. 122. CBP One app limitation.
Sec. 123. Report on designation of Mexican cartels as foreign terrorist 
                            organizations.
Sec. 124. GAO study on costs incurred by States to secure the southwest 
                            border.
Sec. 125. Report by Inspector General of the Department of Homeland 
                            Security.
Sec. 126. Offsetting authorizations of appropriations.
Sec. 127. Report to Congress on foreign terrorist organizations.
Sec. 128. Assessment by Inspector General of the Department of Homeland 
                            Security on the mitigation of unmanned 
                            aircraft systems at the southwest border.
        DIVISION B--IMMIGRATION ENFORCEMENT AND FOREIGN AFFAIRS

              TITLE I--ASYLUM REFORM AND BORDER PROTECTION

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

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

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

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

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

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

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

Sec. 801. Employment eligibility verification process.
Sec. 802. Employment eligibility verification system.
Sec. 803. Recruitment, referral, and continuation of employment.
Sec. 804. Good faith defense.
Sec. 805. Preemption and States' rights.
Sec. 806. Repeal.
Sec. 807. Penalties.
Sec. 808. Fraud and misuse of documents.
Sec. 809. Protection of Social Security Administration programs.
Sec. 810. Fraud prevention.
Sec. 811. Use of employment eligibility verification photo tool.
Sec. 812. Identity authentication employment eligibility verification 
                            pilot programs.
Sec. 813. Inspector General audits.
Sec. 814. Agriculture workforce study.
Sec. 815. Repealing regulations.

                      DIVISION A--BORDER SECURITY

SEC. 101. DEFINITIONS.

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

SEC. 102. BORDER WALL CONSTRUCTION.

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

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

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

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

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

SEC. 105. BORDER SECURITY TECHNOLOGY PROGRAM MANAGEMENT.

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

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

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

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

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

    (a) Secure Communications.--The Commissioner shall ensure that each 
CBP officer or agent, as appropriate, is equipped with a secure radio 
or other two-way communication device that allows each such officer or 
agent to communicate--
            (1) between ports of entry and inspection stations; and
            (2) with other Federal, State, Tribal, and local law 
        enforcement entities.
    (b) Border Security Deployment Program.--
            (1) Expansion.--Not later than September 30, 2025, the 
        Commissioner shall--
                    (A) fully implement the Border Security Deployment 
                Program of CBP; and
                    (B) expand the integrated surveillance and 
                intrusion detection system at land ports of entry along 
                the northern and southern borders of the United States.
            (2) Authorization of appropriations.--In addition to 
        amounts otherwise authorized to be appropriated for such 
        purpose, there is authorized to be appropriated $33,000,000 for 
        fiscal years 2024 and 2025 to carry out paragraph (1).
    (c) Upgrade of License Plate Readers at Ports of Entry.--
            (1) Upgrade.--Not later than two years after the date of 
        the enactment of this Act, the Commissioner shall upgrade all 
        existing license plate readers in need of upgrade, as 
        determined by the Commissioner, on the northern and southern 
        borders of the United States.
            (2) Authorization of appropriations.--In addition to 
        amounts otherwise authorized to be appropriated for such 
        purpose, there is authorized to be appropriated $125,000,000 
        for fiscal years 2023 and 2024 to carry out paragraph (1).

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

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

SEC. 108. ANTI-BORDER CORRUPTION ACT REAUTHORIZATION.

    (a) Hiring Flexibility.--Section 3 of the Anti-Border Corruption 
Act of 2010 (6 U.S.C. 221; Public Law 111-376) is amended by striking 
subsection (b) and inserting the following new subsections:
    ``(b) Waiver Requirement.--Subject to subsection (c), the 
Commissioner of U.S. Customs and Border Protection shall waive the 
application of subsection (a)(1)--
            ``(1) to a current, full-time law enforcement officer 
        employed by a State or local law enforcement agency who--
                    ``(A) has continuously served as a law enforcement 
                officer for not fewer than three years;
                    ``(B) is authorized by law to engage in or 
                supervise the prevention, detection, investigation, or 
                prosecution of, or the incarceration of any person for, 
                any violation of law, and has statutory powers for 
                arrest or apprehension; and
                    ``(C) is not currently under investigation, has not 
                been found to have engaged in criminal activity or 
                serious misconduct, has not resigned from a law 
                enforcement officer position under investigation or in 
                lieu of termination, and has not been dismissed from a 
                law enforcement officer position;
            ``(2) to a current, full-time Federal law enforcement 
        officer who--
                    ``(A) has continuously served as a law enforcement 
                officer for not fewer than three years;
                    ``(B) is authorized to make arrests, conduct 
                investigations, conduct searches, make seizures, carry 
                firearms, and serve orders, warrants, and other 
                processes;
                    ``(C) is not currently under investigation, has not 
                been found to have engaged in criminal activity or 
                serious misconduct, has not resigned from a law 
                enforcement officer position under investigation or in 
                lieu of termination, and has not been dismissed from a 
                law enforcement officer position; and
                    ``(D) holds a current Tier 4 background 
                investigation or current Tier 5 background 
                investigation; or
            ``(3) to a member of the Armed Forces (or a reserve 
        component thereof) or a veteran, if such individual--
                    ``(A) has served in the Armed Forces for not fewer 
                than three years;
                    ``(B) holds, or has held within the past five 
                years, a Secret, Top Secret, or Top Secret/Sensitive 
                Compartmented Information clearance;
                    ``(C) holds, or has undergone within the past five 
                years, a current Tier 4 background investigation or 
                current Tier 5 background investigation;
                    ``(D) received, or is eligible to receive, an 
                honorable discharge from service in the Armed Forces 
                and has not engaged in criminal activity or committed a 
                serious military or civil offense under the Uniform 
                Code of Military Justice; and
                    ``(E) was not granted any waivers to obtain the 
                clearance referred to in subparagraph (B).
    ``(c) Termination of Waiver Requirement; Snap-Back.--The 
requirement to issue a waiver under subsection (b) shall terminate if 
the Commissioner of U.S. Customs and Border Protection (CBP) certifies 
to the Committee on Homeland Security of the House of Representatives 
and the Committee on Homeland Security and Governmental Affairs of the 
Senate that CBP has met all requirements pursuant to section 107 of the 
Secure the Border Act of 2023 relating to personnel levels. If at any 
time after such certification personnel levels fall below such 
requirements, the Commissioner shall waive the application of 
subsection (a)(1) until such time as the Commissioner re-certifies to 
such Committees that CBP has so met all such requirements.''.
    (b) Supplemental Commissioner Authority; Reporting; Definitions.--
The Anti-Border Corruption Act of 2010 is amended by adding at the end 
the following new sections:

``SEC. 5. SUPPLEMENTAL COMMISSIONER AUTHORITY.

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

``SEC. 6. REPORTING.

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

``SEC. 7. DEFINITIONS.

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

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

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

SEC. 110. OPERATION STONEGARDEN.

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

``SEC. 2010. OPERATION STONEGARDEN.

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

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

SEC. 111. AIR AND MARINE OPERATIONS FLIGHT HOURS.

    (a) Air and Marine Operations Flight Hours.--Not later than 120 
days after the date of the enactment of this Act, the Secretary shall 
ensure that not fewer than 110,000 annual flight hours are carried out 
by Air and Marine Operations of CBP.
    (b) Unmanned Aircraft Systems.--The Secretary, after coordination 
with the Administrator of the Federal Aviation Administration, shall 
ensure that Air and Marine Operations operate unmanned aircraft systems 
on the southern border of the United States for not less than 24 hours 
per day.
    (c) Primary Missions.--The Commissioner shall ensure the following:
            (1) The primary missions for Air and Marine Operations are 
        to directly support the following:
                    (A) U.S. Border Patrol activities along the borders 
                of the United States.
                    (B) Joint Interagency Task Force South and Joint 
                Task Force East operations in the transit zone.
            (2) The Executive Assistant Commissioner of Air and Marine 
        Operations assigns the greatest priority to support missions 
        specified in paragraph (1).
    (d) High Demand Flight Hour Requirements.--The Commissioner shall--
            (1) ensure that U.S. Border Patrol Sector Chiefs identify 
        air support mission-critical hours; and
            (2) direct Air and Marine Operations to support requests 
        from such Sector Chiefs as a component of the primary mission 
        of Air and Marine Operations in accordance with subsection 
        (c)(1)(A).
    (e) Contract Air Support Authorizations.--The Commissioner shall 
contract for air support mission-critical hours to meet the requests 
for such hours, as identified pursuant to subsection (d).
    (f) Small Unmanned Aircraft Systems.--
            (1) In general.--The Chief of the U.S. Border Patrol shall 
        be the executive agent with respect to the use of small 
        unmanned aircraft by CBP for the purposes of the following:
                    (A) Meeting the unmet flight hour operational 
                requirements of the U.S. Border Patrol.
                    (B) Achieving situational awareness and operational 
                control of the borders of the United States.
            (2) Coordination.--In carrying out paragraph (1), the Chief 
        of the U.S. Border Patrol shall coordinate--
                    (A) flight operations with the Administrator of the 
                Federal Aviation Administration to ensure the safe and 
                efficient operation of the national airspace system; 
                and
                    (B) with the Executive Assistant Commissioner for 
                Air and Marine Operations of CBP to--
                            (i) ensure the safety of other CBP aircraft 
                        flying in the vicinity of small unmanned 
                        aircraft operated by the U.S. Border Patrol; 
                        and
                            (ii) establish a process to include data 
                        from flight hours in the calculation of got 
                        away statistics.
            (3) Conforming amendment.--Paragraph (3) of section 411(e) 
        of the Homeland Security Act of 2002 (6 U.S.C. 211(e)) is 
        amended--
                    (A) in subparagraph (B), by striking ``and'' after 
                the semicolon at the end;
                    (B) by redesignating subparagraph (C) as 
                subparagraph (D); and
                    (C) by inserting after subparagraph (B) the 
                following new subparagraph:
                    ``(C) carry out the small unmanned aircraft (as 
                such term is defined in section 44801 of title 49, 
                United States Code) requirements pursuant to subsection 
                (f) of section 111 of the Secure the Border Act of 
                2023; and''.
    (g) Savings Clause.--Nothing in this section may be construed as 
conferring, transferring, or delegating to the Secretary, the 
Commissioner, the Executive Assistant Commissioner for Air and Marine 
Operations of CBP, or the Chief of the U.S. Border Patrol any authority 
of the Secretary of Transportation or the Administrator of the Federal 
Aviation Administration relating to the use of airspace or aviation 
safety.
    (h) Definitions.--In this section:
            (1) Got away.--The term ``got away'' has the meaning given 
        such term in section 1092(a)(3) of the National Defense 
        Authorization Act for Fiscal Year 2017 (Public Law 114-328; 6 
        U.S.C. 223(a)(3)).
            (2) Transit zone.--The term ``transit zone'' has the 
        meaning given such term in section 1092(a)(8) of the National 
        Defense Authorization Act for Fiscal Year 2017 (Public Law 114-
        328; 6 U.S.C. 223(a)(8)).

SEC. 112. ERADICATION OF CARRIZO CANE AND SALT CEDAR.

    (a) In General.--Not later than 30 days after the date of the 
enactment of this Act, the Secretary, in coordination with the heads of 
relevant Federal, State, and local agencies, shall hire contractors to 
begin eradicating the carrizo cane plant and any salt cedar along the 
Rio Grande River that impedes border security operations. Such 
eradication shall be completed--
            (1) by not later than September 30, 2027, except for 
        required maintenance; and
            (2) in the most expeditious and cost-effective manner 
        possible to maintain clear fields of view.
    (b) Application.--The waiver authority under subsection (c) of 
section 102 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1103 note), as amended by section 
103 of this division, shall apply to activities carried out pursuant to 
subsection (a).
    (c) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall submit to the Committee on 
Homeland Security of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Senate a strategic 
plan to eradicate all carrizo cane plant and salt cedar along the Rio 
Grande River that impedes border security operations by not later than 
September 30, 2027.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated $7,000,000 for each of fiscal years 2024 through 2028 to 
the Secretary to carry out this subsection.

SEC. 113. BORDER PATROL STRATEGIC PLAN.

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

SEC. 114. U.S. CUSTOMS AND BORDER PROTECTION SPIRITUAL READINESS.

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

SEC. 115. RESTRICTIONS ON FUNDING.

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

SEC. 116. COLLECTION OF DNA AND BIOMETRIC INFORMATION AT THE BORDER.

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

SEC. 117. ERADICATION OF NARCOTIC DRUGS AND FORMULATING EFFECTIVE NEW 
              TOOLS TO ADDRESS YEARLY LOSSES OF LIFE; ENSURING TIMELY 
              UPDATES TO U.S. CUSTOMS AND BORDER PROTECTION FIELD 
              MANUALS.

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

SEC. 118. PUBLICATION BY U.S. CUSTOMS AND BORDER PROTECTION OF 
              OPERATIONAL STATISTICS.

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

SEC. 119. ALIEN CRIMINAL BACKGROUND CHECKS.

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

SEC. 120. PROHIBITED IDENTIFICATION DOCUMENTS AT AIRPORT SECURITY 
              CHECKPOINTS; NOTIFICATION TO IMMIGRATION AGENCIES.

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

SEC. 121. PROHIBITION AGAINST ANY COVID-19 VACCINE MANDATE OR ADVERSE 
              ACTION AGAINST DHS EMPLOYEES.

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

SEC. 122. CBP ONE APP LIMITATION.

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

SEC. 123. REPORT ON DESIGNATION OF MEXICAN CARTELS AS FOREIGN TERRORIST 
              ORGANIZATIONS.

    (a) Report.--
            (1) In general.--Not later than 60 days after the date of 
        the enactment of this Act, the Secretary of Homeland Security, 
        in coordination with the Secretary of State, shall submit to 
        the appropriate congressional committees a report on whether a 
        Mexican drug cartel described in paragraph (2) meets the 
        criteria for designation as a foreign terrorist organization.
            (2) Mexican drug cartels described.--The Mexican drug 
        cartels described in this paragraph include the following:
                    (A) Jalisco New Generation Cartel.
                    (B) Sinaloa Cartel.
                    (C) Juarez Cartel.
                    (D) Tijuana Cartel.
                    (E) Gulf Cartel.
                    (F) Los Zetas.
                    (G) Las Moicas.
                    (H) Los Caballeros Templarios.
                    (I) Beltran-Leyva Organization.
                    (J) Los Rojos.
                    (K) La Familia Michoacana.
    (b) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Affairs, the Committee 
                on Homeland Security, and the Committee on the 
                Judiciary of the House of Representatives; and
                    (B) the Committee on Foreign Relations, the 
                Committee on Homeland Security and Governmental 
                Affairs, and the Committee on the Judiciary of the 
                Senate.
            (2) Foreign terrorist organization.--The term ``foreign 
        terrorist organization'' means an organization described in 
        section 219 of the Immigration and Nationality Act (8 U.S.C. 
        1189).
    (c) Rule of Construction.--Nothing in this section may be construed 
to expand the eligibility for asylum of any alien by reason of the 
designation of a drug cartel as a foreign terrorist organization.

SEC. 124. GAO STUDY ON COSTS INCURRED BY STATES TO SECURE THE SOUTHWEST 
              BORDER.

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

SEC. 125. REPORT BY INSPECTOR GENERAL OF THE DEPARTMENT OF HOMELAND 
              SECURITY.

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

SEC. 126. OFFSETTING AUTHORIZATIONS OF APPROPRIATIONS.

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

SEC. 127. REPORT TO CONGRESS ON FOREIGN TERRORIST ORGANIZATIONS.

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

SEC. 128. ASSESSMENT BY INSPECTOR GENERAL OF THE DEPARTMENT OF HOMELAND 
              SECURITY ON THE MITIGATION OF UNMANNED AIRCRAFT SYSTEMS 
              AT THE SOUTHWEST BORDER.

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

        DIVISION B--IMMIGRATION ENFORCEMENT AND FOREIGN AFFAIRS

              TITLE I--ASYLUM REFORM AND BORDER PROTECTION

SEC. 101. SAFE THIRD COUNTRY.

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

SEC. 102. CREDIBLE FEAR INTERVIEWS.

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

SEC. 103. CLARIFICATION OF ASYLUM ELIGIBILITY.

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

SEC. 104. EXCEPTIONS.

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

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 105. EMPLOYMENT AUTHORIZATION.

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

SEC. 106. ASYLUM FEES.

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

SEC. 107. RULES FOR DETERMINING ASYLUM ELIGIBILITY.

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

SEC. 108. FIRM RESETTLEMENT.

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

SEC. 109. NOTICE CONCERNING FRIVOLOUS ASYLUM APPLICATIONS.

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

SEC. 110. TECHNICAL AMENDMENTS.

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

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

    (a) In General.--Not later than 30 days after the date of the 
enactment of this Act, the Attorney General shall establish procedures 
to expedite the adjudication of asylum applications for aliens--
            (1) who are subject to removal proceedings under section 
        240 of the Immigration and Nationality Act (8 U.S.C. 1229a); 
        and
            (2) who are nationals of a Western Hemisphere country 
        sanctioned by the United States, as described in subsection 
        (b), as of January 1, 2023.
    (b) Western Hemisphere Country Sanctioned by the United States 
Described.--Subsection (a) shall apply only to an asylum application 
filed by an alien who is a national of a Western Hemisphere country 
subject to sanctions pursuant to--
            (1) the Cuban Liberty and Democratic Solidarity (LIBERTAD) 
        Act of 1996 (22 U.S.C. 6021 note);
            (2) the Reinforcing Nicaragua's Adherence to Conditions for 
        Electoral Reform Act of 2021 or the RENACER Act (50 U.S.C. 1701 
        note); or
            (3) Executive Order 13692 (80 Fed. Reg. 12747; declaring a 
        national emergency with respect to the situation in Venezuela).
    (c) Applicability.--This section shall only apply to an alien who 
files an application for asylum after the date of the enactment of this 
Act.

             TITLE II--BORDER SAFETY AND MIGRANT PROTECTION

SEC. 201. INSPECTION OF APPLICANTS FOR ADMISSION.

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

SEC. 202. OPERATIONAL DETENTION FACILITIES.

    (a) In General.--Not later than September 30, 2023, the Secretary 
of Homeland Security shall take all necessary actions to reopen or 
restore all U.S. Immigration and Customs Enforcement detention 
facilities that were in operation on January 20, 2021, that 
subsequently closed or with respect to which the use was altered, 
reduced, or discontinued after January 20, 2021. In carrying out the 
requirement under this subsection, the Secretary may use the authority 
under section 103(a)(11) of the Immigration and Nationality Act (8 
U.S.C. 1103(a)(11)).
    (b) Specific Facilities.--The requirement under subsection (a) 
shall include at a minimum, reopening, or restoring, the following 
facilities:
            (1) Irwin County Detention Center in Georgia.
            (2) C. Carlos Carreiro Immigration Detention Center in 
        Bristol County, Massachusetts.
            (3) Etowah County Detention Center in Gadsden, Alabama.
            (4) Glades County Detention Center in Moore Haven, Florida.
            (5) South Texas Family Residential Center.
    (c) Exception.--
            (1) In general.--Except as provided in paragraphs (2) and 
        (3), the Secretary of Homeland Security is authorized to obtain 
        equivalent capacity for detention facilities at locations other 
        than those listed in subsection (b).
            (2) Limitation.--The Secretary may not take action under 
        paragraph (1) unless the capacity obtained would result in a 
        reduction of time and cost relative to the cost and time 
        otherwise required to obtain such capacity.
            (3) South texas family residential center.--The exception 
        under paragraph (1) shall not apply to the South Texas Family 
        Residential Center. The Secretary shall take all necessary 
        steps to modify and operate the South Texas Family Residential 
        Center in the same manner and capability it was operating on 
        January 20, 2021.
    (d) Periodic Report.--Not later than 90 days after the date of the 
enactment of this Act, and every 90 days thereafter until September 30, 
2027, the Secretary of Homeland Security shall submit to the 
appropriate congressional committees a detailed plan for and a status 
report on--
            (1) compliance with the deadline under subsection (a);
            (2) the increase in detention capabilities required by this 
        section--
                    (A) for the 90 day period immediately preceding the 
                date such report is submitted; and
                    (B) for the period beginning on the first day of 
                the fiscal year during which the report is submitted, 
                and ending on the date such report is submitted;
            (3) the number of detention beds that were used and the 
        number of available detention beds that were not used during--
                    (A) the 90 day period immediately preceding the 
                date such report is submitted; and
                    (B) the period beginning on the first day of the 
                fiscal year during which the report is submitted, and 
                ending on the date such report is submitted;
            (4) the number of aliens released due to a lack of 
        available detention beds; and
            (5) the resources the Department of Homeland Security needs 
        in order to comply with the requirements under this section.
    (e) Notification.--The Secretary of Homeland Security shall notify 
Congress, and include with such notification a detailed description of 
the resources the Department of Homeland Security needs in order to 
detain all aliens whose detention is mandatory or nondiscretionary 
under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.)--
            (1) not later than 5 days after all U.S. Immigration and 
        Customs Enforcement detention facilities reach 90 percent of 
        capacity;
            (2) not later than 5 days after all U.S. Immigration and 
        Customs Enforcement detention facilities reach 95 percent of 
        capacity; and
            (3) not later than 5 days after all U.S. Immigration and 
        Customs Enforcement detention facilities reach full capacity.
    (f) Appropriate Congressional Committees.--In this section, the 
term ``appropriate congressional committees'' means--
            (1) the Committee on the Judiciary of the House of 
        Representatives;
            (2) the Committee on Appropriations of the House of 
        Representatives;
            (3) the Committee on the Judiciary of the Senate; and
            (4) the Committee on Appropriations of the Senate.

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

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

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

SEC. 302. NEGOTIATIONS BY SECRETARY OF STATE.

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

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

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

            TITLE IV--ENSURING UNITED FAMILIES AT THE BORDER

SEC. 401. CLARIFICATION OF STANDARDS FOR FAMILY DETENTION.

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

                    TITLE V--PROTECTION OF CHILDREN

SEC. 501. FINDINGS.

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

SEC. 502. REPATRIATION OF UNACCOMPANIED ALIEN CHILDREN.

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

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

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

SEC. 504. RULE OF CONSTRUCTION.

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

                   TITLE VI--VISA OVERSTAYS PENALTIES

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

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

                  TITLE VII--IMMIGRATION PAROLE REFORM

SEC. 701. IMMIGRATION PAROLE REFORM.

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

SEC. 702. IMPLEMENTATION.

    (a) In General.--Except as provided in subsection (b), this title 
and the amendments made by this title shall take effect on the date 
that is 30 days after the date of the enactment of this Act.
    (b) Exceptions.--Notwithstanding subsection (a), each of the 
following exceptions apply:
            (1) Any application for parole or advance parole filed by 
        an alien before the date of the enactment of this Act shall be 
        adjudicated under the law that was in effect on the date on 
        which the application was properly filed and any approved 
        advance parole shall remain valid under the law that was in 
        effect on the date on which the advance parole was approved.
            (2) Section 212(d)(5)(J) of the Immigration and Nationality 
        Act, as added by section 701 of this title, shall take effect 
        on the date of the enactment of this Act.
            (3) Aliens who were paroled into the United States pursuant 
        to section 212(d)(5)(A) of the Immigration and Nationality Act 
        (8 U.S.C. 1182(d)(5)(A)) before January 1, 2023, shall continue 
        to be subject to the terms of parole that were in effect on the 
        date on which their respective parole was approved.

SEC. 703. CAUSE OF ACTION.

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

SEC. 704. SEVERABILITY.

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

                      TITLE VIII--LEGAL WORKFORCE

SEC. 801. EMPLOYMENT ELIGIBILITY VERIFICATION PROCESS.

    (a) In General.--Section 274A(b) of the Immigration and Nationality 
Act (8 U.S.C. 1324a(b)) is amended to read as follows:
    ``(b) Employment Eligibility Verification Process.--
            ``(1) New hires, recruitment, and referral.--The 
        requirements referred to in paragraphs (1)(B) and (3) of 
        subsection (a) are, in the case of a person or other entity 
        hiring, recruiting, or referring an individual for employment 
        in the United States, the following:
                    ``(A) Attestation after examination of 
                documentation.--
                            ``(i) Attestation.--During the verification 
                        period (as defined in subparagraph (E)), the 
                        person or entity shall attest, under penalty of 
                        perjury and on a form, including electronic 
                        format, designated or established by the 
                        Secretary by regulation not later than 6 months 
                        after the date of the enactment of title VIII 
                        of division B of the Secure the Border Act of 
                        2023, that it has verified that the individual 
                        is not an unauthorized alien by--
                                    ``(I) obtaining from the individual 
                                the individual's social security 
                                account number or United States 
                                passport number and recording the 
                                number on the form (if the individual 
                                claims to have been issued such a 
                                number), and, if the individual does 
                                not attest to United States nationality 
                                under subparagraph (B), obtaining such 
                                identification or authorization number 
                                established by the Department of 
                                Homeland Security for the alien as the 
                                Secretary of Homeland Security may 
                                specify, and recording such number on 
                                the form; and
                                    ``(II) examining--
                                            ``(aa) a document relating 
                                        to the individual presenting it 
                                        described in clause (ii); or
                                            ``(bb) a document relating 
                                        to the individual presenting it 
                                        described in clause (iii) and a 
                                        document relating to the 
                                        individual presenting it 
                                        described in clause (iv).
                            ``(ii) Documents evidencing employment 
                        authorization and establishing identity.--A 
                        document described in this subparagraph is an 
                        individual's--
                                    ``(I) unexpired United States 
                                passport or passport card;
                                    ``(II) unexpired permanent resident 
                                card that contains a photograph;
                                    ``(III) unexpired employment 
                                authorization card that contains a 
                                photograph;
                                    ``(IV) in the case of a 
                                nonimmigrant alien authorized to work 
                                for a specific employer incident to 
                                status, a foreign passport with Form I-
                                94 or Form I-94A, or other 
                                documentation as designated by the 
                                Secretary specifying the alien's 
                                nonimmigrant status as long as the 
                                period of status has not yet expired 
                                and the proposed employment is not in 
                                conflict with any restrictions or 
                                limitations identified in the 
                                documentation;
                                    ``(V) passport from the Federated 
                                States of Micronesia (FSM) or the 
                                Republic of the Marshall Islands (RMI) 
                                with Form I-94 or Form I-94A, or other 
                                documentation as designated by the 
                                Secretary, indicating nonimmigrant 
                                admission under the Compact of Free 
                                Association Between the United States 
                                and the FSM or RMI; or
                                    ``(VI) other document designated by 
                                the Secretary of Homeland Security, if 
                                the document--
                                            ``(aa) contains a 
                                        photograph of the individual 
                                        and biometric identification 
                                        data from the individual and 
                                        such other personal identifying 
                                        information relating to the 
                                        individual as the Secretary of 
                                        Homeland Security finds, by 
                                        regulation, sufficient for 
                                        purposes of this clause;
                                            ``(bb) is evidence of 
                                        authorization of employment in 
                                        the United States; and
                                            ``(cc) contains security 
                                        features to make it resistant 
                                        to tampering, counterfeiting, 
                                        and fraudulent use.
                            ``(iii) Documents evidencing employment 
                        authorization.--A document described in this 
                        subparagraph is an individual's social security 
                        account number card (other than such a card 
                        which specifies on the face that the issuance 
                        of the card does not authorize employment in 
                        the United States).
                            ``(iv) Documents establishing identity of 
                        individual.--A document described in this 
                        subparagraph is--
                                    ``(I) an individual's unexpired 
                                State issued driver's license or 
                                identification card if it contains a 
                                photograph and information such as 
                                name, date of birth, gender, height, 
                                eye color, and address;
                                    ``(II) an individual's unexpired 
                                United States military identification 
                                card;
                                    ``(III) an individual's unexpired 
                                Native American tribal identification 
                                document issued by a tribal entity 
                                recognized by the Bureau of Indian 
                                Affairs; or
                                    ``(IV) in the case of an individual 
                                under 18 years of age, a parent or 
                                legal guardian's attestation under 
                                penalty of law as to the identity and 
                                age of the individual.
                            ``(v) Authority to prohibit use of certain 
                        documents.--If the Secretary of Homeland 
                        Security finds, by regulation, that any 
                        document described in clause (i), (ii), or 
                        (iii) as establishing employment authorization 
                        or identity does not reliably establish such 
                        authorization or identity or is being used 
                        fraudulently to an unacceptable degree, the 
                        Secretary may prohibit or place conditions on 
                        its use for purposes of this paragraph.
                            ``(vi) Signature.--Such attestation may be 
                        manifested by either a handwritten or 
                        electronic signature.
                    ``(B) Individual attestation of employment 
                authorization.--During the verification period (as 
                defined in subparagraph (E)), the individual shall 
                attest, under penalty of perjury on the form designated 
                or established for purposes of subparagraph (A), that 
                the individual is a citizen or national of the United 
                States, an alien lawfully admitted for permanent 
                residence, or an alien who is authorized under this Act 
                or by the Secretary of Homeland Security to be hired, 
                recruited, or referred for such employment. Such 
                attestation may be manifested by either a handwritten 
                or electronic signature. The individual shall also 
                provide that individual's social security account 
                number or United States passport number (if the 
                individual claims to have been issued such a number), 
                and, if the individual does not attest to United States 
                nationality under this subparagraph, such 
                identification or authorization number established by 
                the Department of Homeland Security for the alien as 
                the Secretary may specify.
                    ``(C) Retention of verification form and 
                verification.--
                            ``(i) In general.--After completion of such 
                        form in accordance with subparagraphs (A) and 
                        (B), the person or entity shall--
                                    ``(I) retain a paper or electronic 
                                version of the form and make it 
                                available for inspection by officers of 
                                the Department of Homeland Security, 
                                the Department of Justice, or the 
                                Department of Labor during a period 
                                beginning on the date of the recruiting 
                                or referral of the individual, or, in 
                                the case of the hiring of an 
                                individual, the date on which the 
                                verification is completed, and ending--
                                            ``(aa) in the case of the 
                                        recruiting or referral of an 
                                        individual, 3 years after the 
                                        date of the recruiting or 
                                        referral; and
                                            ``(bb) in the case of the 
                                        hiring of an individual, the 
                                        later of 3 years after the date 
                                        the verification is completed 
                                        or one year after the date the 
                                        individual's employment is 
                                        terminated; and
                                    ``(II) during the verification 
                                period (as defined in subparagraph 
                                (E)), make an inquiry, as provided in 
                                subsection (d), using the verification 
                                system to seek verification of the 
                                identity and employment eligibility of 
                                an individual.
                            ``(ii) Confirmation.--
                                    ``(I) Confirmation received.--If 
                                the person or other entity receives an 
                                appropriate confirmation of an 
                                individual's identity and work 
                                eligibility under the verification 
                                system within the time period 
                                specified, the person or entity shall 
                                record on the form an appropriate code 
                                that is provided under the system and 
                                that indicates a final confirmation of 
                                such identity and work eligibility of 
                                the individual.
                                    ``(II) Tentative nonconfirmation 
                                received.--If the person or other 
                                entity receives a tentative 
                                nonconfirmation of an individual's 
                                identity or work eligibility under the 
                                verification system within the time 
                                period specified, the person or entity 
                                shall so inform the individual for whom 
                                the verification is sought. If the 
                                individual does not contest the 
                                nonconfirmation within the time period 
                                specified, the nonconfirmation shall be 
                                considered final. The person or entity 
                                shall then record on the form an 
                                appropriate code which has been 
                                provided under the system to indicate a 
                                final nonconfirmation. If the 
                                individual does contest the 
                                nonconfirmation, the individual shall 
                                utilize the process for secondary 
                                verification provided under subsection 
                                (d). The nonconfirmation will remain 
                                tentative until a final confirmation or 
                                nonconfirmation is provided by the 
                                verification system within the time 
                                period specified. In no case shall an 
                                employer terminate employment of an 
                                individual because of a failure of the 
                                individual to have identity and work 
                                eligibility confirmed under this 
                                section until a nonconfirmation becomes 
                                final. Nothing in this clause shall 
                                apply to a termination of employment 
                                for any reason other than because of 
                                such a failure. In no case shall an 
                                employer rescind the offer of 
                                employment to an individual because of 
                                a failure of the individual to have 
                                identity and work eligibility confirmed 
                                under this subsection until a 
                                nonconfirmation becomes final. Nothing 
                                in this subclause shall apply to a 
                                recission of the offer of employment 
                                for any reason other than because of 
                                such a failure.
                                    ``(III) Final confirmation or 
                                nonconfirmation received.--If a final 
                                confirmation or nonconfirmation is 
                                provided by the verification system 
                                regarding an individual, the person or 
                                entity shall record on the form an 
                                appropriate code that is provided under 
                                the system and that indicates a 
                                confirmation or nonconfirmation of 
                                identity and work eligibility of the 
                                individual.
                                    ``(IV) Extension of time.--If the 
                                person or other entity in good faith 
                                attempts to make an inquiry during the 
                                time period specified and the 
                                verification system has registered that 
                                not all inquiries were received during 
                                such time, the person or entity may 
                                make an inquiry in the first subsequent 
                                working day in which the verification 
                                system registers that it has received 
                                all inquiries. If the verification 
                                system cannot receive inquiries at all 
                                times during a day, the person or 
                                entity merely has to assert that the 
                                entity attempted to make the inquiry on 
                                that day for the previous sentence to 
                                apply to such an inquiry, and does not 
                                have to provide any additional proof 
                                concerning such inquiry.
                                    ``(V) Consequences of 
                                nonconfirmation.--
                                            ``(aa) Termination or 
                                        notification of continued 
                                        employment.--If the person or 
                                        other entity has received a 
                                        final nonconfirmation regarding 
                                        an individual, the person or 
                                        entity may terminate employment 
                                        of the individual (or decline 
                                        to recruit or refer the 
                                        individual). If the person or 
                                        entity does not terminate 
                                        employment of the individual or 
                                        proceeds to recruit or refer 
                                        the individual, the person or 
                                        entity shall notify the 
                                        Secretary of Homeland Security 
                                        of such fact through the 
                                        verification system or in such 
                                        other manner as the Secretary 
                                        may specify.
                                            ``(bb) Failure to notify.--
                                        If the person or entity fails 
                                        to provide notice with respect 
                                        to an individual as required 
                                        under item (aa), the failure is 
                                        deemed to constitute a 
                                        violation of subsection 
                                        (a)(1)(A) with respect to that 
                                        individual.
                                    ``(VI) Continued employment after 
                                final nonconfirmation.--If the person 
                                or other entity continues to employ (or 
                                to recruit or refer) an individual 
                                after receiving final nonconfirmation, 
                                a rebuttable presumption is created 
                                that the person or entity has violated 
                                subsection (a)(1)(A).
                    ``(D) Effective dates of new procedures.--
                            ``(i) Hiring.--Except as provided in clause 
                        (iii), the provisions of this paragraph shall 
                        apply to a person or other entity hiring an 
                        individual for employment in the United States 
                        as follows:
                                    ``(I) With respect to employers 
                                having 10,000 or more employees in the 
                                United States on the date of the 
                                enactment of title VIII of division B 
                                of the Secure the Border Act of 2023, 
                                on the date that is 6 months after the 
                                date of the enactment of title.
                                    ``(II) With respect to employers 
                                having 500 or more employees in the 
                                United States, but less than 10,000 
                                employees in the United States, on the 
                                date of the enactment of title VIII of 
                                division B of the Secure the Border Act 
                                of 2023, on the date that is 12 months 
                                after the date of the enactment of such 
                                title.
                                    ``(III) With respect to employers 
                                having 20 or more employees in the 
                                United States, but less than 500 
                                employees in the United States, on the 
                                date of the enactment of title VIII of 
                                division B of the Secure the Border Act 
                                of 2023, on the date that is 18 months 
                                after the date of the enactment of such 
                                title.
                                    ``(IV) With respect to employers 
                                having one or more employees in the 
                                United States, but less than 20 
                                employees in the United States, on the 
                                date of the enactment of title VIII of 
                                division B of the Secure the Border Act 
                                of 2023, on the date that is 24 months 
                                after the date of the enactment of such 
                                title.
                            ``(ii) Recruiting and referring.--Except as 
                        provided in clause (iii), the provisions of 
                        this paragraph shall apply to a person or other 
                        entity recruiting or referring an individual 
                        for employment in the United States on the date 
                        that is 12 months after the date of the 
                        enactment of title VIII of division B of the 
                        Secure the Border Act of 2023.
                            ``(iii) Agricultural labor or services.--
                        With respect to an employee performing 
                        agricultural labor or services, this paragraph 
                        shall not apply with respect to the 
                        verification of the employee until the date 
                        that is 36 months after the date of the 
                        enactment of title VIII of division B of the 
                        Secure the Border Act of 2023. For purposes of 
                        the preceding sentence, the term `agricultural 
                        labor or services' has the meaning given such 
                        term by the Secretary of Agriculture in 
                        regulations and includes agricultural labor as 
                        defined in section 3121(g) of the Internal 
                        Revenue Code of 1986, agriculture as defined in 
                        section 3(f) of the Fair Labor Standards Act of 
                        1938 (29 U.S.C. 203(f)), the handling, 
                        planting, drying, packing, packaging, 
                        processing, freezing, or grading prior to 
                        delivery for storage of any agricultural or 
                        horticultural commodity in its unmanufactured 
                        state, all activities required for the 
                        preparation, processing or manufacturing of a 
                        product of agriculture (as such term is defined 
                        in such section 3(f)) for further distribution, 
                        and activities similar to all the foregoing as 
                        they relate to fish or shellfish facilities. An 
                        employee described in this clause shall not be 
                        counted for purposes of clause (i).
                            ``(iv) Extensions.--
                                    ``(I) On request.--Upon request by 
                                an employer having 50 or fewer 
                                employees, the Secretary shall allow a 
                                one-time 6-month extension of the 
                                effective date set out in this 
                                subparagraph applicable to such 
                                employer. Such request shall be made to 
                                the Secretary and shall be made prior 
                                to such effective date.
                                    ``(II) Following report.--If the 
                                study under section 814 of title VIII 
                                of division B of the Secure the Border 
                                Act of 2023 has been submitted in 
                                accordance with such section, the 
                                Secretary of Homeland Security may 
                                extend the effective date set out in 
                                clause (iii) on a one-time basis for 12 
                                months.
                            ``(v) Transition rule.--Subject to 
                        paragraph (4), the following shall apply to a 
                        person or other entity hiring, recruiting, or 
                        referring an individual for employment in the 
                        United States until the effective date or dates 
                        applicable under clauses (i) through (iii):
                                    ``(I) This subsection, as in effect 
                                before the enactment of title VIII of 
                                division B of the Secure the Border Act 
                                of 2023.
                                    ``(II) Subtitle A of title IV of 
                                the Illegal Immigration Reform and 
                                Immigrant Responsibility Act of 1996 (8 
                                U.S.C. 1324a note), as in effect before 
                                the effective date in section 807(c) of 
                                title VIII of division B of the Secure 
                                the Border Act of 2023.
                                    ``(III) Any other provision of 
                                Federal law requiring the person or 
                                entity to participate in the E-Verify 
                                Program described in section 403(a) of 
                                the Illegal Immigration Reform and 
                                Immigrant Responsibility Act of 1996 (8 
                                U.S.C. 1324a note), as in effect before 
                                the effective date in section 807(c) of 
                                title VIII of division B of the Secure 
                                the Border Act of 2023, including 
                                Executive Order 13465 (8 U.S.C. 1324a 
                                note; relating to Government 
                                procurement).
                    ``(E) Verification period defined.--
                            ``(i) In general.--For purposes of this 
                        paragraph:
                                    ``(I) In the case of recruitment or 
                                referral, the term `verification 
                                period' means the period ending on the 
                                date recruiting or referring commences.
                                    ``(II) In the case of hiring, the 
                                term `verification period' means the 
                                period beginning on the date on which 
                                an offer of employment is extended and 
                                ending on the date that is three 
                                business days after the date of hire, 
                                except as provided in clause (iii). The 
                                offer of employment may be conditioned 
                                in accordance with clause (ii).
                            ``(ii) Job offer may be conditional.--A 
                        person or other entity may offer a prospective 
                        employee an employment position that is 
                        conditioned on final verification of the 
                        identity and employment eligibility of the 
                        employee using the procedures established under 
                        this paragraph.
                            ``(iii) Special rule.--Notwithstanding 
                        clause (i)(II), in the case of an alien who is 
                        authorized for employment and who provides 
                        evidence from the Social Security 
                        Administration that the alien has applied for a 
                        social security account number, the 
                        verification period ends three business days 
                        after the alien receives the social security 
                        account number.
            ``(2) Reverification for individuals with limited work 
        authorization.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), a person or entity shall make an 
                inquiry, as provided in subsection (d), using the 
                verification system to seek reverification of the 
                identity and employment eligibility of all individuals 
                with a limited period of work authorization employed by 
                the person or entity during the three business days 
                after the date on which the employee's work 
                authorization expires as follows:
                            ``(i) With respect to employers having 
                        10,000 or more employees in the United States 
                        on the date of the enactment of title VIII of 
                        division B of the Secure the Border Act of 
                        2023, beginning on the date that is 6 months 
                        after the date of the enactment of such title.
                            ``(ii) With respect to employers having 500 
                        or more employees in the United States, but 
                        less than 10,000 employees in the United 
                        States, on the date of the enactment of title 
                        VIII of division B of the Secure the Border Act 
                        of 2023, beginning on the date that is 12 
                        months after the date of the enactment of such 
                        title.
                            ``(iii) With respect to employers having 20 
                        or more employees in the United States, but 
                        less than 500 employees in the United States, 
                        on the date of the enactment of title VIII of 
                        division B of the Secure the Border Act of 
                        2023, beginning on the date that is 18 months 
                        after the date of the enactment of such title.
                            ``(iv) With respect to employers having one 
                        or more employees in the United States, but 
                        less than 20 employees in the United States, on 
                        the date of the enactment of title VIII of 
                        division B of the Secure the Border Act of 
                        2023, beginning on the date that is 24 months 
                        after the date of the enactment of such title.
                    ``(B) Agricultural labor or services.--With respect 
                to an employee performing agricultural labor or 
                services, or an employee recruited or referred by a 
                farm labor contractor (as defined in section 3 of the 
                Migrant and Seasonal Agricultural Worker Protection Act 
                (29 U.S.C. 1801)), subparagraph (A) shall not apply 
                with respect to the reverification of the employee 
                until the date that is 36 months after the date of the 
                enactment of title VIII of division B of the Secure the 
                Border Act of 2023. For purposes of the preceding 
                sentence, the term `agricultural labor or services' has 
                the meaning given such term by the Secretary of 
                Agriculture in regulations and includes agricultural 
                labor as defined in section 3121(g) of the Internal 
                Revenue Code of 1986, agriculture as defined in section 
                3(f) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
                203(f)), the handling, planting, drying, packing, 
                packaging, processing, freezing, or grading prior to 
                delivery for storage of any agricultural or 
                horticultural commodity in its unmanufactured state, 
                all activities required for the preparation, 
                processing, or manufacturing of a product of 
                agriculture (as such term is defined in such section 
                3(f)) for further distribution, and activities similar 
                to all the foregoing as they relate to fish or 
                shellfish facilities. An employee described in this 
                subparagraph shall not be counted for purposes of 
                subparagraph (A).
                    ``(C) Reverification.--Paragraph (1)(C)(ii) shall 
                apply to reverifications pursuant to this paragraph on 
                the same basis as it applies to verifications pursuant 
                to paragraph (1), except that employers shall--
                            ``(i) use a form designated or established 
                        by the Secretary by regulation for purposes of 
                        this paragraph; and
                            ``(ii) retain a paper or electronic version 
                        of the form and make it available for 
                        inspection by officers of the Department of 
                        Homeland Security, the Department of Justice, 
                        or the Department of Labor during the period 
                        beginning on the date the reverification 
                        commences and ending on the date that is the 
                        later of 3 years after the date of such 
                        reverification or 1 year after the date the 
                        individual's employment is terminated.
            ``(3) Previously hired individuals.--
                    ``(A) On a mandatory basis for certain employees.--
                            ``(i) In general.--Not later than the date 
                        that is 6 months after the date of the 
                        enactment of title VIII of division B of the 
                        Secure the Border Act of 2023, an employer 
                        shall make an inquiry, as provided in 
                        subsection (d), using the verification system 
                        to seek verification of the identity and 
                        employment eligibility of any individual 
                        described in clause (ii) employed by the 
                        employer whose employment eligibility has not 
                        been verified under the E-Verify Program 
                        described in section 403(a) of the Illegal 
                        Immigration Reform and Immigrant Responsibility 
                        Act of 1996 (8 U.S.C. 1324a note).
                            ``(ii) Individuals described.--An 
                        individual described in this clause is any of 
                        the following:
                                    ``(I) An employee of any unit of a 
                                Federal, State, or local government.
                                    ``(II) An employee who requires a 
                                Federal security clearance working in a 
                                Federal, State, or local government 
                                building, a military base, a nuclear 
                                energy site, a weapons site, or an 
                                airport or other facility that requires 
                                workers to carry a Transportation 
                                Worker Identification Credential 
                                (TWIC).
                                    ``(III) An employee assigned to 
                                perform work in the United States under 
                                a Federal contract, except that this 
                                subclause--
                                            ``(aa) is not applicable to 
                                        individuals who have a 
                                        clearance under Homeland 
                                        Security Presidential Directive 
                                        12 (HSPD 12 clearance), are 
                                        administrative or overhead 
                                        personnel, or are working 
                                        solely on contracts that 
                                        provide Commercial Off The 
                                        Shelf goods or services as set 
                                        forth by the Federal 
                                        Acquisition Regulatory Council, 
                                        unless they are subject to 
                                        verification under subclause 
                                        (II); and
                                            ``(bb) only applies to 
                                        contracts over the simple 
                                        acquisition threshold as 
                                        defined in section 2.101 of 
                                        title 48, Code of Federal 
                                        Regulations.
                    ``(B) On a mandatory basis for multiple users of 
                same social security account number.--In the case of an 
                employer who is required by this subsection to use the 
                verification system described in subsection (d), or has 
                elected voluntarily to use such system, the employer 
                shall make inquiries to the system in accordance with 
                the following:
                            ``(i) The Commissioner of Social Security 
                        shall notify annually employees (at the 
                        employee address listed on the Wage and Tax 
                        Statement) who submit a social security account 
                        number to which more than one employer reports 
                        income and for which there is a pattern of 
                        unusual multiple use. The notification letter 
                        shall identify the number of employers to which 
                        income is being reported as well as sufficient 
                        information notifying the employee of the 
                        process to contact the Social Security 
                        Administration Fraud Hotline if the employee 
                        believes the employee's identity may have been 
                        stolen. The notice shall not share information 
                        protected as private, in order to avoid any 
                        recipient of the notice from being in the 
                        position to further commit or begin committing 
                        identity theft.
                            ``(ii) If the person to whom the social 
                        security account number was issued by the 
                        Social Security Administration has been 
                        identified and confirmed by the Commissioner, 
                        and indicates that the social security account 
                        number was used without their knowledge, the 
                        Secretary and the Commissioner shall lock the 
                        social security account number for employment 
                        eligibility verification purposes and shall 
                        notify the employers of the individuals who 
                        wrongfully submitted the social security 
                        account number that the employee may not be 
                        work eligible.
                            ``(iii) Each employer receiving such 
                        notification of an incorrect social security 
                        account number under clause (ii) shall use the 
                        verification system described in subsection (d) 
                        to check the work eligibility status of the 
                        applicable employee within 10 business days of 
                        receipt of the notification.
                    ``(C) On a voluntary basis.--Subject to paragraph 
                (2), and subparagraphs (A) through (C) of this 
                paragraph, beginning on the date that is 30 days after 
                the date of the enactment of title VIII of division B 
                of the Secure the Border Act of 2023, an employer may 
                make an inquiry, as provided in subsection (d), using 
                the verification system to seek verification of the 
                identity and employment eligibility of any individual 
                employed by the employer. If an employer chooses 
                voluntarily to seek verification of any individual 
                employed by the employer, the employer shall seek 
                verification of all individuals employed at the same 
                geographic location or, at the option of the employer, 
                all individuals employed within the same job category, 
                as the employee with respect to whom the employer seeks 
                voluntarily to use the verification system. An 
                employer's decision about whether or not voluntarily to 
                seek verification of its current workforce under this 
                subparagraph may not be considered by any government 
                agency in any proceeding, investigation, or review 
                provided for in this Act.
                    ``(D) Verification.--Paragraph (1)(C)(ii) shall 
                apply to verifications pursuant to this paragraph on 
                the same basis as it applies to verifications pursuant 
                to paragraph (1), except that employers shall--
                            ``(i) use a form designated or established 
                        by the Secretary by regulation for purposes of 
                        this paragraph; and
                            ``(ii) retain a paper or electronic version 
                        of the form and make it available for 
                        inspection by officers of the Department of 
                        Homeland Security, the Department of Justice, 
                        or the Department of Labor during the period 
                        beginning on the date the verification 
                        commences and ending on the date that is the 
                        later of 3 years after the date of such 
                        verification or 1 year after the date the 
                        individual's employment is terminated.
            ``(4) Early compliance.--
                    ``(A) Former e-verify required users, including 
                federal contractors.--Notwithstanding the deadlines in 
                paragraphs (1) and (2), beginning on the date of the 
                enactment of title VIII of division B of the Secure the 
                Border Act of 2023, the Secretary is authorized to 
                commence requiring employers required to participate in 
                the E-Verify Program described in section 403(a) of the 
                Illegal Immigration Reform and Immigrant Responsibility 
                Act of 1996 (8 U.S.C. 1324a note), including employers 
                required to participate in such program by reason of 
                Federal acquisition laws (and regulations promulgated 
                under those laws, including the Federal Acquisition 
                Regulation), to commence compliance with the 
                requirements of this subsection (and any additional 
                requirements of such Federal acquisition laws and 
                regulation) in lieu of any requirement to participate 
                in the E-Verify Program.
                    ``(B) Former e-verify voluntary users and others 
                desiring early compliance.--Notwithstanding the 
                deadlines in paragraphs (1) and (2), beginning on the 
                date of the enactment of title VIII of division B of 
                the Secure the Border Act of 2023, the Secretary shall 
                provide for the voluntary compliance with the 
                requirements of this subsection by employers 
                voluntarily electing to participate in the E-Verify 
                Program described in section 403(a) of the Illegal 
                Immigration Reform and Immigrant Responsibility Act of 
                1996 (8 U.S.C. 1324a note) before such date, as well as 
                by other employers seeking voluntary early compliance.
            ``(5) Copying of documentation permitted.--Notwithstanding 
        any other provision of law, the person or entity may copy a 
        document presented by an individual pursuant to this subsection 
        and may retain the copy, but only (except as otherwise 
        permitted under law) for the purpose of complying with the 
        requirements of this subsection.
            ``(6) Limitation on use of forms.--A form designated or 
        established by the Secretary of Homeland Security under this 
        subsection and any information contained in or appended to such 
        form, may not be used for purposes other than for enforcement 
        of this Act and any other provision of Federal criminal law.
            ``(7) Good faith compliance.--
                    ``(A) In general.--Except as otherwise provided in 
                this subsection, a person or entity is considered to 
                have complied with a requirement of this subsection 
                notwithstanding a technical or procedural failure to 
                meet such requirement if there was a good faith attempt 
                to comply with the requirement.
                    ``(B) Exception if failure to correct after 
                notice.--Subparagraph (A) shall not apply if--
                            ``(i) the failure is not de minimus;
                            ``(ii) the Secretary of Homeland Security 
                        has explained to the person or entity the basis 
                        for the failure and why it is not de minimus;
                            ``(iii) the person or entity has been 
                        provided a period of not less than 30 calendar 
                        days (beginning after the date of the 
                        explanation) within which to correct the 
                        failure; and
                            ``(iv) the person or entity has not 
                        corrected the failure voluntarily within such 
                        period.
                    ``(C) Exception for pattern or practice 
                violators.--Subparagraph (A) shall not apply to a 
                person or entity that has engaged or is engaging in a 
                pattern or practice of violations of subsection 
                (a)(1)(A) or (a)(2).
            ``(8) Single extension of deadlines upon certification.--In 
        a case in which the Secretary of Homeland Security has 
        certified to the Congress that the employment eligibility 
        verification system required under subsection (d) will not be 
        fully operational by the date that is 6 months after the date 
        of the enactment of title VIII of division B of the Secure the 
        Border Act of 2023, each deadline established under this 
        section for an employer to make an inquiry using such system 
        shall be extended by 6 months. No other extension of such a 
        deadline shall be made except as authorized under paragraph 
        (1)(D)(iv).''.
    (b) Date of Hire.--Section 274A(h) of the Immigration and 
Nationality Act (8 U.S.C. 1324a(h)) is amended by adding at the end the 
following:
            ``(4) Definition of date of hire.--As used in this section, 
        the term `date of hire' means the date of actual commencement 
        of employment for wages or other remuneration, unless otherwise 
        specified.''.

SEC. 802. EMPLOYMENT ELIGIBILITY VERIFICATION SYSTEM.

    Section 274A(d) of the Immigration and Nationality Act (8 U.S.C. 
1324a(d)) is amended to read as follows:
    ``(d) Employment Eligibility Verification System.--
            ``(1) In general.--Patterned on the employment eligibility 
        confirmation system established under section 404 of the 
        Illegal Immigration Reform and Immigrant Responsibility Act of 
        1996 (8 U.S.C. 1324a note), the Secretary of Homeland Security 
        shall establish and administer a verification system through 
        which the Secretary (or a designee of the Secretary, which may 
        be a nongovernmental entity)--
                    ``(A) responds to inquiries made by persons at any 
                time through a toll-free electronic media concerning an 
                individual's identity and whether the individual is 
                authorized to be employed; and
                    ``(B) maintains records of the inquiries that were 
                made, of verifications provided (or not provided), and 
                of the codes provided to inquirers as evidence of their 
                compliance with their obligations under this section.
            ``(2) Initial response.--The verification system shall 
        provide confirmation or a tentative nonconfirmation of an 
        individual's identity and employment eligibility within 3 
        working days of the initial inquiry. If providing confirmation 
        or tentative nonconfirmation, the verification system shall 
        provide an appropriate code indicating such confirmation or 
        such nonconfirmation.
            ``(3) Secondary confirmation process in case of tentative 
        nonconfirmation.--In cases of tentative nonconfirmation, the 
        Secretary shall specify, in consultation with the Commissioner 
        of Social Security, an available secondary verification process 
        to confirm the validity of information provided and to provide 
        a final confirmation or nonconfirmation not later than 10 
        working days after the date on which the notice of the 
        tentative nonconfirmation is received by the employee. The 
        Secretary, in consultation with the Commissioner, may extend 
        this deadline once on a case-by-case basis for a period of 10 
        working days, and if the time is extended, shall document such 
        extension within the verification system. The Secretary, in 
        consultation with the Commissioner, shall notify the employee 
        and employer of such extension. The Secretary, in consultation 
        with the Commissioner, shall create a standard process of such 
        extension and notification and shall make a description of such 
        process available to the public. When final confirmation or 
        nonconfirmation is provided, the verification system shall 
        provide an appropriate code indicating such confirmation or 
        nonconfirmation.
            ``(4) Design and operation of system.--The verification 
        system shall be designed and operated--
                    ``(A) to maximize its reliability and ease of use 
                by persons and other entities consistent with 
                insulating and protecting the privacy and security of 
                the underlying information;
                    ``(B) to respond to all inquiries made by such 
                persons and entities on whether individuals are 
                authorized to be employed and to register all times 
                when such inquiries are not received;
                    ``(C) with appropriate administrative, technical, 
                and physical safeguards to prevent unauthorized 
                disclosure of personal information;
                    ``(D) to have reasonable safeguards against the 
                system's resulting in unlawful discriminatory practices 
                based on national origin or citizenship status, 
                including--
                            ``(i) the selective or unauthorized use of 
                        the system to verify eligibility; or
                            ``(ii) the exclusion of certain individuals 
                        from consideration for employment as a result 
                        of a perceived likelihood that additional 
                        verification will be required, beyond what is 
                        required for most job applicants;
                    ``(E) to maximize the prevention of identity theft 
                use in the system; and
                    ``(F) to limit the subjects of verification to the 
                following individuals:
                            ``(i) Individuals hired, referred, or 
                        recruited, in accordance with paragraph (1) or 
                        (4) of subsection (b).
                            ``(ii) Employees and prospective employees, 
                        in accordance with paragraph (1), (2), (3), or 
                        (4) of subsection (b).
                            ``(iii) Individuals seeking to confirm 
                        their own employment eligibility on a voluntary 
                        basis.
            ``(5) Responsibilities of commissioner of social 
        security.--As part of the verification system, the Commissioner 
        of Social Security, in consultation with the Secretary of 
        Homeland Security (and any designee of the Secretary selected 
        to establish and administer the verification system), shall 
        establish a reliable, secure method, which, within the time 
        periods specified under paragraphs (2) and (3), compares the 
        name and social security account number provided in an inquiry 
        against such information maintained by the Commissioner in 
        order to validate (or not validate) the information provided 
        regarding an individual whose identity and employment 
        eligibility must be confirmed, the correspondence of the name 
        and number, and whether the individual has presented a social 
        security account number that is not valid for employment. The 
        Commissioner shall not disclose or release social security 
        information (other than such confirmation or nonconfirmation) 
        under the verification system except as provided for in this 
        section or section 205(c)(2)(I) of the Social Security Act.
            ``(6) Responsibilities of secretary of homeland security.--
        As part of the verification system, the Secretary of Homeland 
        Security (in consultation with any designee of the Secretary 
        selected to establish and administer the verification system), 
        shall establish a reliable, secure method, which, within the 
        time periods specified under paragraphs (2) and (3), compares 
        the name and alien identification or authorization number (or 
        any other information as determined relevant by the Secretary) 
        which are provided in an inquiry against such information 
        maintained or accessed by the Secretary in order to validate 
        (or not validate) the information provided, the correspondence 
        of the name and number, whether the alien is authorized to be 
        employed in the United States, or to the extent that the 
        Secretary determines to be feasible and appropriate, whether 
        the records available to the Secretary verify the identity or 
        status of a national of the United States.
            ``(7) Updating information.--The Commissioner of Social 
        Security and the Secretary of Homeland Security shall update 
        their information in a manner that promotes the maximum 
        accuracy and shall provide a process for the prompt correction 
        of erroneous information, including instances in which it is 
        brought to their attention in the secondary verification 
        process described in paragraph (3).
            ``(8) Limitation on use of the verification system and any 
        related systems.--
                    ``(A) No national identification card.--Nothing in 
                this section shall be construed to authorize, directly 
                or indirectly, the issuance or use of national 
                identification cards or the establishment of a national 
                identification card.
                    ``(B) Critical infrastructure.--The Secretary may 
                authorize or direct any person or entity responsible 
                for granting access to, protecting, securing, 
                operating, administering, or regulating part of the 
                critical infrastructure (as defined in section 1016(e) 
                of the Critical Infrastructure Protection Act of 2001 
                (42 U.S.C. 5195c(e))) to use the verification system to 
                the extent the Secretary determines that such use will 
                assist in the protection of the critical 
                infrastructure.
            ``(9) Remedies.--If an individual alleges that the 
        individual would not have been dismissed from a job or would 
        have been hired for a job but for an error of the verification 
        mechanism, the individual may seek compensation only through 
        the mechanism of the Federal Tort Claims Act, and injunctive 
        relief to correct such error. No class action may be brought 
        under this paragraph.''.

SEC. 803. RECRUITMENT, REFERRAL, AND CONTINUATION OF EMPLOYMENT.

    (a) Additional Changes to Rules for Recruitment, Referral, and 
Continuation of Employment.--Section 274A(a) of the Immigration and 
Nationality Act (8 U.S.C. 1324a(a)) is amended--
            (1) in paragraph (1)(A), by striking ``for a fee'';
            (2) in paragraph (1), by amending subparagraph (B) to read 
        as follows:
                    ``(B) to hire, continue to employ, or to recruit or 
                refer for employment in the United States an individual 
                without complying with the requirements of subsection 
                (b).''; and
            (3) in paragraph (2), by striking ``after hiring an alien 
        for employment in accordance with paragraph (1),'' and 
        inserting ``after complying with paragraph (1),''.
    (b) Definition.--Section 274A(h) of the Immigration and Nationality 
Act (8 U.S.C. 1324a(h)), as amended by section 801(b) of this title, is 
further amended by adding at the end the following:
            ``(5) Definition of recruit or refer.--As used in this 
        section, the term `refer' means the act of sending or directing 
        a person who is in the United States or transmitting 
        documentation or information to another, directly or 
        indirectly, with the intent of obtaining employment in the 
        United States for such person. Only persons or entities 
        referring for remuneration (whether on a retainer or 
        contingency basis) are included in the definition, except that 
        union hiring halls that refer union members or nonunion 
        individuals who pay union membership dues are included in the 
        definition whether or not they receive remuneration, as are 
        labor service entities or labor service agencies, whether 
        public, private, for-profit, or nonprofit, that refer, 
        dispatch, or otherwise facilitate the hiring of laborers for 
        any period of time by a third party. As used in this section, 
        the term `recruit' means the act of soliciting a person who is 
        in the United States, directly or indirectly, and referring the 
        person to another with the intent of obtaining employment for 
        that person. Only persons or entities referring for 
        remuneration (whether on a retainer or contingency basis) are 
        included in the definition, except that union hiring halls that 
        refer union members or nonunion individuals who pay union 
        membership dues are included in this definition whether or not 
        they receive remuneration, as are labor service entities or 
        labor service agencies, whether public, private, for-profit, or 
        nonprofit that recruit, dispatch, or otherwise facilitate the 
        hiring of laborers for any period of time by a third party.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date that is 1 year after the date of the enactment of 
this Act, except that the amendments made by subsection (a) shall take 
effect 6 months after the date of the enactment of this Act insofar as 
such amendments relate to continuation of employment.

SEC. 804. GOOD FAITH DEFENSE.

    Section 274A(a)(3) of the Immigration and Nationality Act (8 U.S.C. 
1324a(a)(3)) is amended to read as follows:
            ``(3) Good faith defense.--
                    ``(A) Defense.--An employer (or person or entity 
                that hires, employs, recruits, or refers (as defined in 
                subsection (h)(5)), or is otherwise obligated to comply 
                with this section) who establishes that it has complied 
                in good faith with the requirements of subsection (b)--
                            ``(i) shall not be liable to a job 
                        applicant, an employee, the Federal Government, 
                        or a State or local government, under Federal, 
                        State, or local criminal or civil law for any 
                        employment-related action taken with respect to 
                        a job applicant or employee in good-faith 
                        reliance on information provided through the 
                        system established under subsection (d); and
                            ``(ii) has established compliance with its 
                        obligations under subparagraphs (A) and (B) of 
                        paragraph (1) and subsection (b) absent a 
                        showing by the Secretary of Homeland Security, 
                        by clear and convincing evidence, that the 
                        employer had knowledge that an employee is an 
                        unauthorized alien.
                    ``(B) Mitigation element.--For purposes of 
                subparagraph (A)(i), if an employer proves by a 
                preponderance of the evidence that the employer uses a 
                reasonable, secure, and established technology to 
                authenticate the identity of the new employee, that 
                fact shall be taken into account for purposes of 
                determining good faith use of the system established 
                under subsection (d).
                    ``(C) Failure to seek and obtain verification.--
                Subject to the effective dates and other deadlines 
                applicable under subsection (b), in the case of a 
                person or entity in the United States that hires, or 
                continues to employ, an individual, or recruits or 
                refers an individual for employment, the following 
                requirements apply:
                            ``(i) Failure to seek verification.--
                                    ``(I) In general.--If the person or 
                                entity has not made an inquiry, under 
                                the mechanism established under 
                                subsection (d) and in accordance with 
                                the timeframes established under 
                                subsection (b), seeking verification of 
                                the identity and work eligibility of 
                                the individual, the defense under 
                                subparagraph (A) shall not be 
                                considered to apply with respect to any 
                                employment, except as provided in 
                                subclause (II).
                                    ``(II) Special rule for failure of 
                                verification mechanism.--If such a 
                                person or entity in good faith attempts 
                                to make an inquiry in order to qualify 
                                for the defense under subparagraph (A) 
                                and the verification mechanism has 
                                registered that not all inquiries were 
                                responded to during the relevant time, 
                                the person or entity can make an 
                                inquiry until the end of the first 
                                subsequent working day in which the 
                                verification mechanism registers no 
                                nonresponses and qualify for such 
                                defense.
                            ``(ii) Failure to obtain verification.--If 
                        the person or entity has made the inquiry 
                        described in clause (i)(I) but has not received 
                        an appropriate verification of such identity 
                        and work eligibility under such mechanism 
                        within the time period specified under 
                        subsection (d)(2) after the time the 
                        verification inquiry was received, the defense 
                        under subparagraph (A) shall not be considered 
                        to apply with respect to any employment after 
                        the end of such time period.''.

SEC. 805. PREEMPTION AND STATES' RIGHTS.

    Section 274A(h)(2) of the Immigration and Nationality Act (8 U.S.C. 
1324a(h)(2)) is amended to read as follows:
            ``(2) Preemption.--
                    ``(A) Single, national policy.--The provisions of 
                this section preempt any State or local law, ordinance, 
                policy, or rule, including any criminal or civil fine 
                or penalty structure, insofar as they may now or 
                hereafter relate to the hiring, continued employment, 
                or status verification for employment eligibility 
                purposes, of unauthorized aliens.
                    ``(B) State enforcement of federal law.--
                            ``(i) Business licensing.--A State, 
                        locality, municipality, or political 
                        subdivision may exercise its authority over 
                        business licensing and similar laws as a 
                        penalty for failure to use the verification 
                        system described in subsection (d) to verify 
                        employment eligibility when and as required 
                        under subsection (b).
                            ``(ii) General rules.--A State, at its own 
                        cost, may enforce the provisions of this 
                        section, but only insofar as such State follows 
                        the Federal regulations implementing this 
                        section, applies the Federal penalty structure 
                        set out in this section, and complies with all 
                        Federal rules and guidance concerning 
                        implementation of this section. Such State may 
                        collect any fines assessed under this section. 
                        An employer may not be subject to enforcement, 
                        including audit and investigation, by both a 
                        Federal agency and a State for the same 
                        violation under this section. Whichever entity, 
                        the Federal agency or the State, is first to 
                        initiate the enforcement action, has the right 
                        of first refusal to proceed with the 
                        enforcement action. The Secretary must provide 
                        copies of all guidance, training, and field 
                        instructions provided to Federal officials 
                        implementing the provisions of this section to 
                        each State.''.

SEC. 806. REPEAL.

    (a) In General.--Subtitle A of title IV of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) 
is repealed.
    (b) References.--Any reference in any Federal law, Executive order, 
rule, regulation, or delegation of authority, or any document of, or 
pertaining to, the Department of Homeland Security, Department of 
Justice, or the Social Security Administration, to the employment 
eligibility confirmation system established under section 404 of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 
U.S.C. 1324a note) is deemed to refer to the employment eligibility 
confirmation system established under section 274A(d) of the 
Immigration and Nationality Act, as amended by section 802 of this 
title.
    (c) Effective Date.--This section shall take effect on the date 
that is 30 months after the date of the enactment of this Act.
    (d) Clerical Amendment.--The table of sections, in section 1(d) of 
the Illegal Immigration Reform and Immigrant Responsibility Act of 
1996, is amended by striking the items relating to subtitle A of title 
IV.

SEC. 807. PENALTIES.

    Section 274A of the Immigration and Nationality Act (8 U.S.C. 
1324a) is amended--
            (1) in subsection (e)(1)--
                    (A) by striking ``Attorney General'' each place 
                such term appears and inserting ``Secretary of Homeland 
                Security''; and
                    (B) in subparagraph (D), by striking ``Service'' 
                and inserting ``Department of Homeland Security'';
            (2) in subsection (e)(4)--
                    (A) in subparagraph (A), in the matter before 
                clause (i), by inserting ``, subject to paragraph 
                (10),'' after ``in an amount'';
                    (B) in subparagraph (A)(i), by striking ``not less 
                than $250 and not more than $2,000'' and inserting 
                ``not less than $2,500 and not more than $5,000'';
                    (C) in subparagraph (A)(ii), by striking ``not less 
                than $2,000 and not more than $5,000'' and inserting 
                ``not less than $5,000 and not more than $10,000'';
                    (D) in subparagraph (A)(iii), by striking ``not 
                less than $3,000 and not more than $10,000'' and 
                inserting ``not less than $10,000 and not more than 
                $25,000''; and
                    (E) by moving the margin of the continuation text 
                following subparagraph (B) two ems to the left and by 
                amending subparagraph (B) to read as follows:
                    ``(B) may require the person or entity to take such 
                other remedial action as is appropriate.'';
            (3) in subsection (e)(5)--
                    (A) in the paragraph heading, strike ``paperwork'';
                    (B) by inserting ``, subject to paragraphs (10) 
                through (12),'' after ``in an amount'';
                    (C) by striking ``$100'' and inserting ``$1,000'';
                    (D) by striking ``$1,000'' and inserting 
                ``$25,000''; and
                    (E) by adding at the end the following: ``Failure 
                by a person or entity to utilize the employment 
                eligibility verification system as required by law, or 
                providing information to the system that the person or 
                entity knows or reasonably believes to be false, shall 
                be treated as a violation of subsection (a)(1)(A).'';
            (4) by adding at the end of subsection (e) the following:
            ``(10) Exemption from penalty for good faith violation.--In 
        the case of imposition of a civil penalty under paragraph 
        (4)(A) with respect to a violation of subsection (a)(1)(A) or 
        (a)(2) for hiring or continuation of employment or recruitment 
        or referral by person or entity and in the case of imposition 
        of a civil penalty under paragraph (5) for a violation of 
        subsection (a)(1)(B) for hiring or recruitment or referral by a 
        person or entity, the penalty otherwise imposed may be waived 
        or reduced if the violator establishes that the violator acted 
        in good faith.
            ``(11) Mitigation element.--For purposes of paragraph (4), 
        the size of the business shall be taken into account when 
        assessing the level of civil money penalty.
            ``(12) Authority to debar employers for certain 
        violations.--
                    ``(A) In general.--If a person or entity is 
                determined by the Secretary of Homeland Security to be 
                a repeat violator of paragraph (1)(A) or (2) of 
                subsection (a), or is convicted of a crime under this 
                section, such person or entity may be considered for 
                debarment from the receipt of Federal contracts, 
                grants, or cooperative agreements in accordance with 
                the debarment standards and pursuant to the debarment 
                procedures set forth in the Federal Acquisition 
                Regulation.
                    ``(B) Does not have contract, grant, agreement.--If 
                the Secretary of Homeland Security or the Attorney 
                General wishes to have a person or entity considered 
                for debarment in accordance with this paragraph, and 
                such a person or entity does not hold a Federal 
                contract, grant, or cooperative agreement, the 
                Secretary or Attorney General shall refer the matter to 
                the Administrator of General Services to determine 
                whether to list the person or entity on the List of 
                Parties Excluded from Federal Procurement, and if so, 
                for what duration and under what scope.
                    ``(C) Has contract, grant, agreement.--If the 
                Secretary of Homeland Security or the Attorney General 
                wishes to have a person or entity considered for 
                debarment in accordance with this paragraph, and such 
                person or entity holds a Federal contract, grant, or 
                cooperative agreement, the Secretary or Attorney 
                General shall advise all agencies or departments 
                holding a contract, grant, or cooperative agreement 
                with the person or entity of the Government's interest 
                in having the person or entity considered for 
                debarment, and after soliciting and considering the 
                views of all such agencies and departments, the 
                Secretary or Attorney General may refer the matter to 
                any appropriate lead agency to determine whether to 
                list the person or entity on the List of Parties 
                Excluded from Federal Procurement, and if so, for what 
                duration and under what scope.
                    ``(D) Review.--Any decision to debar a person or 
                entity in accordance with this paragraph shall be 
                reviewable pursuant to part 9.4 of the Federal 
                Acquisition Regulation.
            ``(13) Office for state and local government complaints.--
        The Secretary of Homeland Security shall establish an office--
                    ``(A) to which State and local government agencies 
                may submit information indicating potential violations 
                of subsection (a), (b), or (g)(1) that were generated 
                in the normal course of law enforcement or the normal 
                course of other official activities in the State or 
                locality;
                    ``(B) that is required to indicate to the 
                complaining State or local agency within five business 
                days of the filing of such a complaint by identifying 
                whether the Secretary will further investigate the 
                information provided;
                    ``(C) that is required to investigate those 
                complaints filed by State or local government agencies 
                that, on their face, have a substantial probability of 
                validity;
                    ``(D) that is required to notify the complaining 
                State or local agency of the results of any such 
                investigation conducted; and
                    ``(E) that is required to report to the Congress 
                annually the number of complaints received under this 
                paragraph, the States and localities that filed such 
                complaints, and the resolution of the complaints 
                investigated by the Secretary.''; and
            (5) by amending paragraph (1) of subsection (f) to read as 
        follows:
            ``(1) Criminal penalty.--Any person or entity which engages 
        in a pattern or practice of violations of subsection (a) (1) or 
        (2) shall be fined not more than $5,000 for each unauthorized 
        alien with respect to which such a violation occurs, imprisoned 
        for not more than 18 months, or both, notwithstanding the 
        provisions of any other Federal law relating to fine levels.''.

SEC. 808. FRAUD AND MISUSE OF DOCUMENTS.

    Section 1546(b) of title 18, United States Code, is amended--
            (1) in paragraph (1), by striking ``identification 
        document,'' and inserting ``identification document or document 
        meant to establish work authorization (including the documents 
        described in section 274A(b) of the Immigration and Nationality 
        Act),''; and
            (2) in paragraph (2), by striking ``identification 
        document'' and inserting ``identification document or document 
        meant to establish work authorization (including the documents 
        described in section 274A(b) of the Immigration and Nationality 
        Act),''.

SEC. 809. PROTECTION OF SOCIAL SECURITY ADMINISTRATION PROGRAMS.

    (a) Funding Under Agreement.--Effective for fiscal years beginning 
on or after October 1, 2023, the Commissioner of Social Security and 
the Secretary of Homeland Security shall enter into and maintain an 
agreement which shall--
            (1) provide funds to the Commissioner for the full costs of 
        the responsibilities of the Commissioner under section 274A(d) 
        of the Immigration and Nationality Act (8 U.S.C. 1324a(d)), as 
        amended by section 802 of this title, including--
                    (A) acquiring, installing, and maintaining 
                technological equipment and systems necessary for the 
                fulfillment of the responsibilities of the Commissioner 
                under such section 274A(d), but only that portion of 
                such costs that are attributable exclusively to such 
                responsibilities; and
                    (B) responding to individuals who contest a 
                tentative nonconfirmation provided by the employment 
                eligibility verification system established under such 
                section;
            (2) provide such funds annually in advance of the 
        applicable quarter based on estimating methodology agreed to by 
        the Commissioner and the Secretary (except in such instances 
        where the delayed enactment of an annual appropriation may 
        preclude such quarterly payments); and
            (3) require an annual accounting and reconciliation of the 
        actual costs incurred and the funds provided under the 
        agreement, which shall be reviewed by the Inspectors General of 
        the Social Security Administration and the Department of 
        Homeland Security.
    (b) Continuation of Employment Verification in Absence of Timely 
Agreement.--In any case in which the agreement required under 
subsection (a) for any fiscal year beginning on or after October 1, 
2023, has not been reached as of October 1 of such fiscal year, the 
latest agreement between the Commissioner and the Secretary of Homeland 
Security providing for funding to cover the costs of the 
responsibilities of the Commissioner under section 274A(d) of the 
Immigration and Nationality Act (8 U.S.C. 1324a(d)) shall be deemed in 
effect on an interim basis for such fiscal year until such time as an 
agreement required under subsection (a) is subsequently reached, except 
that the terms of such interim agreement shall be modified by the 
Director of the Office of Management and Budget to adjust for inflation 
and any increase or decrease in the volume of requests under the 
employment eligibility verification system. In any case in which an 
interim agreement applies for any fiscal year under this subsection, 
the Commissioner and the Secretary shall, not later than October 1 of 
such fiscal year, notify the Committee on Ways and Means, the Committee 
on the Judiciary, and the Committee on Appropriations of the House of 
Representatives and the Committee on Finance, the Committee on the 
Judiciary, and the Committee on Appropriations of the Senate of the 
failure to reach the agreement required under subsection (a) for such 
fiscal year. Until such time as the agreement required under subsection 
(a) has been reached for such fiscal year, the Commissioner and the 
Secretary shall, not later than the end of each 90-day period after 
October 1 of such fiscal year, notify such Committees of the status of 
negotiations between the Commissioner and the Secretary in order to 
reach such an agreement.

SEC. 810. FRAUD PREVENTION.

    (a) Blocking Misused Social Security Account Numbers.--The 
Secretary of Homeland Security, in consultation with the Commissioner 
of Social Security, shall establish a program in which social security 
account numbers that have been identified to be subject to unusual 
multiple use in the employment eligibility verification system 
established under section 274A(d) of the Immigration and Nationality 
Act (8 U.S.C. 1324a(d)), as amended by section 802 of this title, or 
that are otherwise suspected or determined to have been compromised by 
identity fraud or other misuse, shall be blocked from use for such 
system purposes unless the individual using such number is able to 
establish, through secure and fair additional security procedures, that 
the individual is the legitimate holder of the number.
    (b) Allowing Suspension of Use of Certain Social Security Account 
Numbers.--The Secretary of Homeland Security, in consultation with the 
Commissioner of Social Security, shall establish a program which shall 
provide a reliable, secure method by which victims of identity fraud 
and other individuals may suspend or limit the use of their social 
security account number or other identifying information for purposes 
of the employment eligibility verification system established under 
section 274A(d) of the Immigration and Nationality Act (8 U.S.C. 
1324a(d)), as amended by section 802 of this title. The Secretary may 
implement the program on a limited pilot program basis before making it 
fully available to all individuals.
    (c) Allowing Parents To Prevent Theft of Their Child's Identity.--
The Secretary of Homeland Security, in consultation with the 
Commissioner of Social Security, shall establish a program which shall 
provide a reliable, secure method by which parents or legal guardians 
may suspend or limit the use of the social security account number or 
other identifying information of a minor under their care for the 
purposes of the employment eligibility verification system established 
under 274A(d) of the Immigration and Nationality Act (8 U.S.C. 
1324a(d)), as amended by section 802 of this title. The Secretary may 
implement the program on a limited pilot program basis before making it 
fully available to all individuals.

SEC. 811. USE OF EMPLOYMENT ELIGIBILITY VERIFICATION PHOTO TOOL.

    An employer who uses the photo matching tool used as part of the E-
Verify System shall match the photo tool photograph to both the 
photograph on the identity or employment eligibility document provided 
by the employee and to the face of the employee submitting the document 
for employment verification purposes.

SEC. 812. IDENTITY AUTHENTICATION EMPLOYMENT ELIGIBILITY VERIFICATION 
              PILOT PROGRAMS.

    Not later than 24 months after the date of the enactment of this 
Act, the Secretary of Homeland Security, after consultation with the 
Commissioner of Social Security and the Director of the National 
Institute of Standards and Technology, shall establish by regulation 
not less than 2 Identity Authentication Employment Eligibility 
Verification pilot programs, each using a separate and distinct 
technology (the ``Authentication Pilots''). The purpose of the 
Authentication Pilots shall be to provide for identity authentication 
and employment eligibility verification with respect to enrolled new 
employees which shall be available to any employer that elects to 
participate in either of the Authentication Pilots. Any participating 
employer may cancel the employer's participation in the Authentication 
Pilot after one year after electing to participate without prejudice to 
future participation. The Secretary shall report to the Committee on 
the Judiciary of the House of Representatives and the Committee on the 
Judiciary of the Senate the Secretary's findings on the Authentication 
Pilots, including the authentication technologies chosen, not later 
than 12 months after commencement of the Authentication Pilots.

SEC. 813. INSPECTOR GENERAL AUDITS.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Inspector General of the Social Security 
Administration shall complete audits of the following categories in 
order to uncover evidence of individuals who are not authorized to work 
in the United States:
            (1) Workers who dispute wages reported on their social 
        security account number when they believe someone else has used 
        such number and name to report wages.
            (2) Children's social security account numbers used for 
        work purposes.
            (3) Employers whose workers present significant numbers of 
        mismatched social security account numbers or names for wage 
        reporting.
    (b) Submission.--The Inspector General of the Social Security 
Administration shall submit the audits completed under subsection (a) 
to the Committee on Ways and Means of the House of Representatives and 
the Committee on Finance of the Senate for review of the evidence of 
individuals who are not authorized to work in the United States. The 
Chairmen of those Committees shall then determine information to be 
shared with the Secretary of Homeland Security so that such Secretary 
can investigate the unauthorized employment demonstrated by such 
evidence.

SEC. 814. AGRICULTURE WORKFORCE STUDY.

    Not later than 36 months after the date of the enactment of this 
Act, the Secretary of the Department of Homeland Security, in 
consultation with the Secretary of the Department of Agriculture, shall 
submit to the Committee on the Judiciary of the House of 
Representatives and the Committee on the Judiciary of the Senate, a 
report that includes the following:
            (1) The number of individuals in the agricultural 
        workforce.
            (2) The number of United States citizens in the 
        agricultural workforce.
            (3) The number of aliens in the agricultural workforce who 
        are authorized to work in the United States.
            (4) The number of aliens in the agricultural workforce who 
        are not authorized to work in the United States.
            (5) Wage growth in each of the previous ten years, 
        disaggregated by agricultural sector.
            (6) The percentage of total agricultural industry costs 
        represented by agricultural labor during each of the last ten 
        years.
            (7) The percentage of agricultural costs invested in 
        mechanization during each of the last ten years.
            (8) Recommendations, other than a path to legal status for 
        aliens not authorized to work in the United States, for 
        ensuring United States agricultural employers have a workforce 
        sufficient to cover industry needs, including recommendations 
        to--
                    (A) increase investments in mechanization;
                    (B) increase the domestic workforce; and
                    (C) reform the H-2A program.

SEC. 815. REPEALING REGULATIONS.

    The rules relating to ``Temporary Agricultural Employment of H-2A 
Nonimmigrants in the United States'' (87 Fed. Reg. 61660 (Oct. 12, 
2022)) and to ``Adverse Effect Wage Rate Methodology for the Temporary 
Employment of H-2A Nonimmigrants in Non-Range Occupations in the United 
States'' (88 Fed. Reg. 12760 (Feb. 28, 2023)) shall have no force or 
effect, may not be reissued in substantially the same form, and any new 
rules that are substantially the same as such rules may not be issued.
                                 &lt;all&gt;
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