all requirements pursuant to section 107 of the Border 
Security and Immigration Reform Act relating to per-
sonnel levels. If at any time after such certification per-
sonnel levels fall below such requirements, the Commis-
sioner shall waive the application of subsection (a)(1) until 
such time as the Commissioner re-certifies to such Com-
mittees 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 posi-
tion, 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 cur-
rent Tier 4 background investigation shall be subject to 
a Tier 5 background investigation. 
‘‘(c) ADMINISTRATION
OF POLYGRAPH EXAMINA-
TION.—The Commissioner of U.S. Customs and Border 
Protection is authorized to administer a polygraph exam-
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ination to an applicant or employee who is eligible for or 
receives a waiver under section 3(b) if information is dis-
covered before the completion of a background investiga-
tion that results in a determination that a polygraph ex-
amination is necessary to make a final determination re-
garding suitability for employment or continued employ-
ment, 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 annu-
ally 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 in-
stances that a polygraph was administered to an ap-
plicant who initially received such a waiver and the 
results of such polygraph. 
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‘‘(4) An assessment of the current impact of 
such waiver authority on filling law enforcement po-
sitions 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 employ-
ment suitability tests that detect deception and could 
be used in conjunction with traditional background 
investigations to evaluate potential applicants or em-
ployees 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 pursu-
ant 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 
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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 of-
fense 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 Sep-
tember 30, 2025, the Secretary shall increase to not fewer 
than 150 the number of trained full-time equivalent poly-
graph examiners for administering polygraphs under the 
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Anti-Border Corruption Act of 2010, as amended by this 
section. 
SEC. 109. ESTABLISHMENT OF WORKLOAD STAFFING MOD-
ELS 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 fol-
lowing 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 consider-
ation for essential frontline operator activities and 
functions, variations in operating environments, 
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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 sup-
port 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 con-
trols to ensure timely and accurate scheduling and 
reporting of actual completed work hours and activi-
ties;’’. 
(c) REPORT.— 
(1) IN
GENERAL.—Not later than one year 
after the date of the enactment of this Act with re-
spect 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 annu-
ally thereafter with respect to such paragraphs (18) 
and (19), the Secretary shall submit to the appro-
priate congressional committees a report that in-
cludes a status update on the following: 
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(A) The implementation of such subsection 
(a) and such paragraphs (18) and (19). 
(B) Each relevant workload staffing model. 
(2) DATA
SOURCES
AND
METHODOLOGY
RE-
QUIRED.—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 con-
gressional 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 Gen-
eral’s February 2019 audit. 
(2) Any further recommendations to improve 
such models. 
(e) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means— 
(1) the Committee on Homeland Security of the 
House of Representatives; and 
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(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 en-
forcement agencies, through State administrative agen-
cies, to enhance border security in accordance with this 
section. 
‘‘(b) ELIGIBLE RECIPIENTS.—To be eligible to re-
ceive 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 coordi-
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nated through a U.S. Border Patrol sector office; 
and 
‘‘(3) have an agreement in place with U.S. Im-
migration and Customs Enforcement to support en-
forcement 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 ac-
tivities. 
‘‘(3) Any activity permitted for Operation 
Stonegarden under the most recent fiscal year De-
partment of Homeland Security’s Homeland Secu-
rity 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 writ-
ten notice to the Committee on Homeland Security of the 
House of Representatives and the Committee on Home-
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land Security and Governmental Affairs of the Senate, in-
cluding 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 govern-
ments, as appropriate.’’. 
(c) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 is 
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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 Sec-
retary, 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. 
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(2) The Executive Assistant Commissioner of 
Air and Marine Operations assigns the greatest pri-
ority to support missions specified in paragraph (1). 
(d) HIGH
DEMAND
FLIGHT
HOUR
REQUIRE-
MENTS.—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 sup-
port requests from such Sector Chiefs as a compo-
nent of the primary mission of Air and Marine Op-
erations 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 iden-
tified pursuant to subsection (d). 
(f) SMALL UNMANNED AIRCRAFT SYSTEMS.— 
(1) IN GENERAL.—The Chief of the U.S. Bor-
der 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 oper-
ational requirements of the U.S. Border Patrol. 
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(B) Achieving situational awareness and 
operational control of the borders of the United 
States. 
(2) COORDINATION.—In carrying out para-
graph (1), the Chief of the U.S. Border Patrol shall 
coordinate— 
(A) flight operations with the Adminis-
trator of the Federal Aviation Administration to 
ensure the safe and efficient operation of the 
national airspace system; and 
(B) with the Executive Assistant Commis-
sioner for Air and Marine Operations of CBP 
to— 
(i) ensure the safety of other CBP 
aircraft flying in the vicinity of small un-
manned aircraft operated by the U.S. Bor-
der 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; 
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(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 air-
craft (as such term is defined in section 44801 
of title 49, United States Code) requirements 
pursuant to subsection (f) of section 111 of the 
Border Security and Immigration Reform Act; 
and’’. 
(g) SAVINGS CLAUSE.—Nothing in this section may 
be construed as conferring, transferring, or delegating to 
the Secretary, the Commissioner, the Executive Assistant 
Commissioner for Air and Marine Operations of CBP, or 
the Chief of the U.S. Border Patrol any authority of the 
Secretary of Transportation or the Administrator of the 
Federal Aviation Administration relating to the use of air-
space 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)). 
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(2) TRANSIT ZONE.—The term ‘‘transit zone’’ 
has the meaning given such term in section 
1092(a)(8) of the National Defense Authorization 
Act for Fiscal Year 2017 (Public Law 114–328; 6 
U.S.C. 223(a)(8)). 
SEC. 112. BORDER PATROL STRATEGIC PLAN. 
(a) IN GENERAL.—Not later than one year after the 
date of the enactment of this Act and biennially thereafter, 
the Commissioner, acting through the Chief of the U.S. 
Border Patrol, shall issue a Border Patrol Strategic Plan 
(referred to in this section as the ‘‘plan’’) to enhance the 
security of the borders of the United States. 
(b) ELEMENTS.—The plan shall include the fol-
lowing: 
(1) A consideration of Border Patrol Capability 
Gap Analysis reporting, Border Security Improve-
ment Plans, and any other strategic document au-
thored 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. 
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(3) Information relating to efforts by U.S. Bor-
der Patrol to— 
(A) increase situational awareness, includ-
ing— 
(i) surveillance capabilities, such as 
capabilities developed or utilized by the 
Department of Defense, and any appro-
priate 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 in-
struments 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 
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(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, car-
tels, gangs, or other criminal activity. 
(vi) Farmers, ranchers, and property 
owners along the border. 
(vii) Other individuals negatively im-
pacted by illegal immigration. 
(8) Information relating to the staffing require-
ments with respect to border security for the De-
partment. 
(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, in-
cluding such programs relating to the following: 
(A) Identifying and detecting fraudulent 
documents. 
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(B) Understanding the scope of CBP en-
forcement authorities and appropriate use of 
force policies. 
(C) Screening, identifying, and addressing 
vulnerable populations, such as children and 
victims of human trafficking. 
SEC. 113. U.S. CUSTOMS AND BORDER PROTECTION SPIR-
ITUAL READINESS. 
Not later than one year after the enactment of this 
Act and annually thereafter for five years, the Commis-
sioner shall submit to the Committee on Homeland Secu-
rity 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 assist-
ance 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 af-
filiated members who have access to and utilize such re-
sources compared to religiously affiliated members who do 
not. 
SEC. 114. RESTRICTIONS ON FUNDING. 
(a) ARRIVING ALIENS.—No funds are authorized to 
be appropriated to the Department to process the entry 
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into the United States of aliens arriving in between ports 
of entry. 
(b) RESTRICTION ON NONGOVERNMENTAL ORGANI-
ZATION 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 un-
lawful entry, human trafficking, human smuggling, drug 
trafficking, and drug smuggling. 
(c) RESTRICTION ON NONGOVERNMENTAL ORGANI-
ZATION FACILITATION OF ILLEGAL IMMIGRATION.—No 
funds are authorized to be appropriated to the Depart-
ment for disbursement to any nongovernmental organiza-
tion to provide, or facilitate the provision of, transpor-
tation, lodging, or immigration legal services to inadmis-
sible aliens who enter the United States after the date of 
the enactment of this Act. 
SEC. 115. COLLECTION OF DNA AND BIOMETRIC INFORMA-
TION AT THE BORDER. 
Not later than 14 days after the date of the enact-
ment 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 
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compliant with Federal DNA and biometric collection re-
quirements at United States land borders. 
SEC. 116. ERADICATION OF NARCOTIC DRUGS AND FORMU-
LATING 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. Cus-
toms 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 implementa-
tion of inspection practices that will effectively respond to 
technological and methodological changes designed to dis-
guise 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 Rep-
resentatives and the Committee on Homeland Security 
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and Governmental Affairs and the Committee on the Judi-
ciary of the Senate a report that summarizes any policy 
and manual changes pursuant to subsection (a). 
SEC. 117. PUBLICATION BY U.S. CUSTOMS AND BORDER 
PROTECTION OF OPERATIONAL STATISTICS. 
(a) IN GENERAL.—Not later than the seventh day of 
each month beginning with the second full month after 
the date of the enactment of this Act, the Commissioner 
of U.S. Customs and Border Protection shall publish on 
a publicly available website of the Department of Home-
land Security information relating to the total number of 
alien encounters and nationalities, unique alien encounters 
and nationalities, gang affiliated apprehensions and na-
tionalities, 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 de-
ceased 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 num-
ber disaggregated by geographic regions, of such re-
cordings and encounters, including specifications re-
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lating to whether such recordings and encounters 
were at the southwest, northern, or maritime border. 
(2) An identification of the Office of Field Op-
erations field office, U.S. Border Patrol sector, or 
Air and Marine Operations branch making each re-
cording or encounter. 
(3) Information relating to whether each re-
cording 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 dis-
position 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 de-
fined in section 2101 of the Homeland Security Act 
of 2002 (6 U.S.C. 621)) who have repeatedly at-
tempted to cross unlawfully into the United States. 
(7) The total number of individuals included in 
the terrorist screening database who have been ap-
prehended, including information relating to whether 
such individuals were released into the United States 
or removed. 
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(b) EXCEPTIONS.—If the Commissioner of U.S. Cus-
toms 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 sub-
section, 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 there-
to, 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 en-
counters’’ means aliens apprehended, determined in-
admissible, or processed for removal by U.S. Cus-
toms 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 
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such term in section 462(g) of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 279(g)). 
SEC. 118. ALIEN CRIMINAL BACKGROUND CHECKS. 
(a) IN GENERAL.—Not later than seven days after 
the date of the enactment of this Act, the Commissioner 
shall certify to the Committee on Homeland Security and 
the Committee on the Judiciary of the House of Rep-
resentatives and the Committee on Homeland Security 
and Governmental Affairs and the Committee on the Judi-
ciary 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 Representa-
tives and the Committee on Homeland Security and Gov-
ernmental Affairs and the Committee on the Judiciary of 
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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 de-
scribed in subsection (b). 
SEC. 119. PROHIBITED IDENTIFICATION DOCUMENTS AT 
AIRPORT SECURITY CHECKPOINTS; NOTIFI-
CATION TO IMMIGRATION AGENCIES. 
(a) IN GENERAL.—The Administrator may not ac-
cept as valid proof of identification a prohibited identifica-
tion document at an airport security checkpoint. 
(b) NOTIFICATION TO IMMIGRATION AGENCIES.—If 
an individual presents a prohibited identification docu-
ment to an officer of the Transportation Security Admin-
istration at an airport security checkpoint, the Adminis-
trator shall promptly notify the Director of U.S. Immigra-
tion and Customs Enforcement, the Director of U.S. Cus-
toms and Border Protection, and the head of the appro-
priate 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 para-
graph (2), if an individual is found to be in violation 
of any term of release under subsection (b), the Ad-
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ministrator 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 docu-
ment. 
(d) COLLECTION OF BIOMETRIC INFORMATION FROM 
CERTAIN INDIVIDUALS SEEKING ENTRY INTO THE STER-
ILE AREA OF AN AIRPORT.—Beginning not later than 120 
days after the date of the enactment of this Act, the Ad-
ministrator shall collect biometric information from an in-
dividual described in subsection (e) prior to authorizing 
such individual to enter into a sterile area. 
(e) INDIVIDUAL
DESCRIBED.—An individual de-
scribed 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 na-
tional of the United States. 
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(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 ‘‘Adminis-
trator’’ means the Administrator of the Transpor-
tation Security Administration. 
(2) BIOMETRIC INFORMATION.—The term ‘‘bio-
metric 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 tech-
nology; 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 
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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. 
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(G) A personal identity verification creden-
tial issued in accordance with Homeland Secu-
rity 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 Identifica-
tion 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 ac-
cordance with section 553 of title 5, United 
States Code, will satisfy the identity verification 
procedures of the Transportation Security Ad-
ministration. 
(4) IMMIGRATION LAWS.—The term ‘‘immigra-
tion laws’’ has the meaning given that term in sec-
tion 101 of the Immigration and Nationality Act (8 
U.S.C. 1101). 
(5) 
PROHIBITED
IDENTIFICATION
DOCU-
MENT.—The term ‘‘prohibited identification docu-
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ment’’ means any of the following (or any applicable 
successor form): 
(A) U.S. Immigration and Customs En-
forcement Form I–200, Warrant for Arrest of 
Alien. 
(B) U.S. Immigration and Customs En-
forcement Form I–205, Warrant of Removal/ 
Deportation. 
(C) U.S. Immigration and Customs En-
forcement Form I–220A, Order of Release on 
Recognizance. 
(D) U.S. Immigration and Customs En-
forcement 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 (includ-
ing a print-out of an electronic record). 
(G) Department of Homeland Security 
Form I–385, Notice to Report. 
(H) Any document that directs an indi-
vidual to report to the Department of Home-
land Security. 
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(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 suc-
cessor regulation. 
SEC. 120. PROHIBITION AGAINST ANY COVID–19 VACCINE 
MANDATE OR ADVERSE ACTION AGAINST 
DHS EMPLOYEES. 
(a) LIMITATION
ON IMPOSITION
OF NEW MAN-
DATE.—The Secretary may not issue any COVID–19 vac-
cine mandate unless Congress expressly authorizes such 
a mandate. 
(b) PROHIBITION ON ADVERSE ACTION.—The Sec-
retary may not take any adverse action against a Depart-
ment employee based solely on the refusal of such em-
ployee 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: 
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(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 rein-
statement of such employees. 
(d) 
RETENTION
AND
DEVELOPMENT
OF 
UNVACCINATED EMPLOYEES.—The Secretary shall make 
every effort to retain Department employees who are not 
vaccinated against COVID–19 and provide such employees 
with professional development, promotion and leadership 
opportunities, and consideration equal to that of their 
peers. 
SEC. 121. CBP ONE APP LIMITATION. 
(a) LIMITATION.—The Department may use the CBP 
One Mobile Application or any other similar program, ap-
plication, internet-based portal, website, device, or initia-
tive 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 re-
port to the Committee on Homeland Security of the House 
of Representatives and the Committee on Homeland Secu-
rity and Governmental Affairs of the Senate the date on 
which CBP began using CBP One to allow aliens to sched-
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ule interviews at land ports of entry, how many aliens have 
scheduled interviews at land ports of entry using CBP 
One, the nationalities of such aliens, and the stated final 
destinations of such aliens within the United States, if 
any. 
SEC. 122. REPORT ON MEXICAN DRUG CARTELS. 
Not later than 60 days after the date of the enact-
ment of this Act, Congress shall commission a report that 
contains the following: 
(1) A national strategy to address Mexican 
drug cartels, and a determination regarding whether 
there should be a designation established to address 
such cartels. 
(2) Information relating to actions by such car-
tels that causes harm to the United States. 
SEC. 123. GAO STUDY ON COSTS INCURRED BY STATES TO 
SECURE THE SOUTHWEST BORDER. 
(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this Act, the Comptroller General 
of the United States shall conduct a study to examine the 
costs incurred by individual States as a result of actions 
taken by such States in support of the Federal mission 
to secure the southwest border, and the feasibility of a 
program to reimburse such States for such costs. 
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(b) CONTENTS.—The study required under sub-
section (a) shall include consideration of the following: 
(1) Actions taken by the Department of Home-
land Security that have contributed to costs de-
scribed in such subsection incurred by States to se-
cure the border in the absence of Federal action, in-
cluding the termination of the Migrant Protection 
Protocols and cancellation of border wall construc-
tion. 
(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 De-
partment of Homeland Security to reimburse States 
for the costs incurred in support of the Federal mis-
sion to secure the southwest border. 
SEC. 124. REPORT BY INSPECTOR GENERAL OF THE DE-
PARTMENT 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 
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security impact of mass migration to municipalities and 
States along the southwest border. Such report shall in-
clude information regarding costs incurred by the fol-
lowing: 
(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 im-
pacts to their properties. 
(b) CONSULTATION.—To produce the report required 
under subsection (a), the Inspector General of the Depart-
ment of Homeland Security shall consult with the individ-
uals and representatives of the entities described in para-
graphs (1) through (4) of such subsection. 
SEC. 125. OFFSETTING AUTHORIZATIONS OF APPROPRIA-
TIONS. 
(a) OFFICE OF THE SECRETARY AND EMERGENCY 
MANAGEMENT.—No funds are authorized to be appro-
priated for the Alternatives to Detention Case Manage-
ment Pilot Program or the Office of the Immigration De-
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tention Ombudsman for the Office of the Secretary and 
Emergency Management of the Department of Homeland 
Security. 
(b) MANAGEMENT DIRECTORATE.—No funds are au-
thorized to be appropriated for electric vehicles or St. Eliz-
abeths campus construction for the Management Direc-
torate 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 Protec-
tion. 
SEC. 126. REPORT TO CONGRESS ON FOREIGN TERRORIST 
ORGANIZATIONS. 
(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this Act and annually thereafter 
for five years, the Secretary of Homeland Security shall 
submit to the Committee on Homeland Security of the 
House of Representatives and the Committee on Home-
land Security and Governmental Affairs of the Senate an 
assessment of foreign terrorist organizations attempting 
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to move their members or affiliates into the United States 
through the southern, northern, or maritime border. 
(b) DEFINITION.—In this section, the term ‘‘foreign 
terrorist organization’’ means an organization described in 
section 219 of the Immigration and Nationality Act (8 
U.S.C. 1189). 
SEC. 127. ASSESSMENT BY INSPECTOR GENERAL OF THE 
DEPARTMENT OF HOMELAND SECURITY ON 
THE MITIGATION OF UNMANNED AIRCRAFT 
SYSTEMS AT THE SOUTHWEST BORDER. 
Not later than 90 days after the date of the enact-
ment 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. 
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DIVISION B—IMMIGRATION EN-
FORCEMENT 
AND 
FOREIGN 
AFFAIRS 
TITLE I—ASYLUM REFORM AND 
BORDER PROTECTION 
SEC. 101. SAFE THIRD COUNTRY. 
Section 208(a)(2)(A) of the Immigration and Nation-
ality Act (8 U.S.C. 1158(a)(2)(A)) is amended— 
(1) by striking ‘‘if the Attorney General deter-
mines’’ 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 insert-
ing ‘‘; 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 ha-
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bitual residence en route to the United States, un-
less— 
‘‘(I) the alien demonstrates that he or she 
applied for protection from persecution or tor-
ture 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, pro-
vision, or obtaining of a person for labor or 
services through the use of force, fraud, or coer-
cion 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 
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‘‘(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 Re-
lating 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 Na-
tionality Act (8 U.S.C. 1225(b)(1)(B)(v)) is amended by 
striking ‘‘there is a significant possibility’’ and all that fol-
lows, 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 Im-
migration and Nationality Act (8 U.S.C. 1158(b)(1)(A)) 
is amended by inserting after ‘‘section 101(a)(42)(A)’’ the 
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following: ‘‘(in accordance with the rules set forth in this 
section), and is eligible to apply for asylum under sub-
section (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 ar-
rival and including an alien who is brought to the 
United States after having been interdicted in inter-
national or United States waters),’’; and 
(2) by inserting after ‘‘United States’’ the fol-
lowing: ‘‘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 Home-
land Security or the Attorney General deter-
mines that— 
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‘‘(i) the alien ordered, incited, as-
sisted, or otherwise participated in the per-
secution of any person on account of race, 
religion, nationality, membership in a par-
ticular 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, au-
thentication feature, or false identi-
fication document (as those terms and 
phrases are defined in the jurisdiction 
where the conviction occurred), unless 
the alien can establish that the convic-
tion 
resulted 
from 
circumstances 
showing that— 
‘‘(aa) the document or fea-
ture was presented before board-
ing a common carrier; 
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‘‘(bb) the document or fea-
ture related to the alien’s eligi-
bility to enter the United States; 
‘‘(cc) the alien used the doc-
ument 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 her-
self 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 Re-
sponsibility 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 
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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, pro-
motion, 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 
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impaired, as those terms are defined under 
the law of the jurisdiction where the con-
viction occurred (including a conviction for 
driving while under the influence of or im-
paired 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 in-
toxicated 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 in-
fluence 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; 
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‘‘(II) of child abuse, child ne-
glect, 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 vi-
olence, 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 har-
assed, coerced, intimidated, vol-
untarily or recklessly used (or 
threatened to use) force or vio-
lence against, or inflicted phys-
ical injury or physical pain, how-
ever slight, upon a person— 
‘‘(AA) who is a current 
or former spouse of the 
alien; 
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‘‘(BB) with whom the 
alien shares a child; 
‘‘(CC) who is cohabi-
tating 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 of-
fense occurred; or 
‘‘(EE) who is protected 
from that alien’s acts under 
the domestic or family vio-
lence laws of the United 
States or of any State, Trib-
al 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; 
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‘‘(xiii) the alien is described in sub-
clause (I), (II), (III), (IV), or (VI) of sec-
tion 
212(a)(3)(B)(i) 
or 
section 
237(a)(4)(B) (relating to terrorist activ-
ity), unless, in the case only of an alien in-
admissible under subclause (IV) of section 
212(a)(3)(B)(i), the Secretary of Home-
land Security or the Attorney General de-
termines, in the Secretary’s or the Attor-
ney 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 persecu-
tion by relocating to another part of the 
alien’s country of nationality or, in the 
case of an alien having no nationality, an-
other part of the alien’s country of last ha-
bitual residence. 
‘‘(B) SPECIAL RULES.— 
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‘‘(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 Se-
curity, in their discretion, may deter-
mine that a conviction constitutes a 
particularly serious crime based on— 
‘‘(aa) the nature of the con-
viction; 
‘‘(bb) the type of sentence 
imposed; or 
‘‘(cc) the circumstances and 
underlying facts of the convic-
tion. 
‘‘(II) DETERMINATION.—In mak-
ing a determination under subclause 
(I), the Attorney General or Secretary 
of Homeland Security may consider 
all reliable information and is not lim-
ited to facts found by the criminal 
court or provided in the underlying 
record of conviction. 
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‘‘(III) TREATMENT
OF
FELO-
NIES.—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 sub-
paragraph (A)(xi), an Interpol Red 
Notice may constitute reliable evi-
dence that the alien has committed a 
serious nonpolitical crime outside the 
United States. 
‘‘(ii) CRIMES AND EXCEPTIONS.— 
‘‘(I) DRIVING
WHILE
INTOXI-
CATED
OR
IMPAIRED.—A 
finding 
under subparagraph (A)(vi) does not 
require the Attorney General or Sec-
retary of Homeland Security to find 
the first conviction for driving while 
intoxicated or impaired (including a 
conviction for driving while under the 
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influence of or impaired by alcohol or 
drugs) as a predicate offense. The At-
torney General or Secretary of Home-
land Security need only make a fac-
tual determination that the alien pre-
viously was convicted for driving while 
intoxicated or impaired as those terms 
are defined under the jurisdiction 
where the conviction occurred (includ-
ing 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), includ-
ing determining the existence of a do-
mestic 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. 
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‘‘(III) BATTERY
OR
EXTREME 
CRUELTY.—In making a determina-
tion under subparagraph (A)(ix), the 
phrase ‘battery or extreme cruelty’ in-
cludes— 
‘‘(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 con-
sidered acts of violence; and 
‘‘(cc) other abusive acts, in-
cluding acts that, in and of them-
selves, 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 de-
scribed in clause (viii) or (ix) of sub-
paragraph (A) is not ineligible for 
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asylum on that basis if the alien satis-
fies 
the 
criteria 
under 
section 
237(a)(7)(A). 
‘‘(C) SPECIFIC
CIRCUMSTANCES.—Para-
graph (1) shall not apply to an alien whose 
claim is based on— 
‘‘(i) personal animus or retribution, 
including personal animus in which the al-
leged persecutor has not targeted, or mani-
fested an animus against, other members 
of an alleged particular social group in ad-
dition to the member who has raised the 
claim at issue; 
‘‘(ii) the applicant’s generalized dis-
approval of, disagreement with, or opposi-
tion to criminal, terrorist, gang, guerilla, 
or other non-state organizations absent ex-
pressive behavior in furtherance of a dis-
crete cause against such organizations re-
lated to control of a State or expressive be-
havior that is antithetical to the State or 
a legal unit of the State; 
‘‘(iii) the applicant’s resistance to re-
cruitment or coercion by guerrilla, crimi-
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