‘‘(1) to limit the number of noncitizens who 
may be granted status under sections 245B, 245C, 
245D, 245E, and 245F; or 
‘‘(2) to count against any other numerical limi-
tation under this Act. 
‘‘(g) PROCEDURES.— 
‘‘(1) OPPORTUNITY TO APPLY AND LIMITATION 
ON
REMOVAL.—A noncitizen who appears to be 
prima facie eligible for status under section 245B, 
245C, 245D, 245E, or 245F shall be given a reason-
able opportunity to apply for such adjustment of sta-
tus and, if the noncitizen applies within a reasonable 
period, the noncitizen shall not be removed before— 
‘‘(A) the Secretary has issued a final deci-
sion denying relief; 
‘‘(B) a final order of removal has been 
issued; and 
‘‘(C) the decision of the Secretary is 
upheld by a court, or the time for initiating ju-
dicial review under section 242 has expired, un-
less the order of removal is based on criminal 
or national security grounds, in which case re-
moval does not affect the noncitizen’s right to 
judicial review. 
‘‘(2) SPOUSES AND CHILDREN.— 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(A) FAMILY
APPLICATION.—The Sec-
retary shall establish a process by which a prin-
cipal applicant and his or her spouse and chil-
dren may file a single combined application 
under section 245B, 245C, 245D, 245E, or 
245F, including a petition to classify the spouse 
and children as the spouse and children of the 
principal applicant. 
‘‘(B) EFFECT OF TERMINATION OF LEGAL 
RELATIONSHIP
OR
DOMESTIC
VIOLENCE.—If 
the spousal or parental relationship between a 
noncitizen granted lawful prospective immigrant 
status or lawful permanent resident status 
under section 245B, 245C, 245D, 245E, or 
245F and the noncitizen’s spouse or child is 
terminated by death, divorce, or annulment, or 
the spouse or child has been battered or sub-
jected to extreme cruelty by the noncitizen (re-
gardless of whether the legal relationship termi-
nates), the spouse or child may apply independ-
ently for lawful prospective immigrant status or 
lawful permanent resident status if he or she is 
otherwise eligible. 
‘‘(C) EFFECT OF DENIAL OF APPLICATION 
OR REVOCATION OF STATUS.—If the application 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
of a noncitizen for status under section 245B, 
245C, 245D, 245E, or 245F is denied, or his 
or her status is revoked, the spouse or child of 
such noncitizen shall remain eligible to apply 
independently for status under the applicable 
section. 
‘‘(3) ADJUDICATION.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
evaluate each application submitted under sec-
tion 245B, 245C, 245D, 245E, or 245F to de-
termine whether the applicant meets the appli-
cable requirements. 
‘‘(B) ADJUSTMENT OF STATUS IF FAVOR-
ABLE DETERMINATION.—If the Secretary deter-
mines that a noncitizen meets the requirements 
of section 245B, 245C, 245D, 245E, or 245F, 
as applicable, the Secretary shall— 
‘‘(i) notify the noncitizen of such de-
termination; and 
‘‘(ii) adjust the status of the noncit-
izen to that of lawful prospective immi-
grant or lawful permanent resident, as ap-
plicable, effective as of the date of such de-
termination. 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(C) DOCUMENTARY
EVIDENCE
OF
STA-
TUS.— 
‘‘(i) IN
GENERAL.—The Secretary 
shall issue documentary evidence of lawful 
prospective immigrant status or lawful per-
manent resident status, as applicable, to 
each noncitizen whose application for such 
status has been approved. 
‘‘(ii) ELEMENTS.—Documentary evi-
dence issued under clause (i) shall— 
‘‘(I) be machine readable and 
tamper resistant; 
‘‘(II) contain a digitized photo-
graph of the noncitizen; 
‘‘(III) during the noncitizen’s au-
thorized period of admission, serve as 
a valid travel and entry document; 
and 
‘‘(IV) include such other features 
and information as the Secretary may 
prescribe. 
‘‘(iii) 
EMPLOYMENT
AUTHORIZA-
TION.—Documentary 
evidence 
issued 
under clause (i) shall be accepted during 
the period of its validity by an employer as 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00050
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
evidence of employment authorization and 
identity under section 274A(b)(1)(B); and 
‘‘(D) ADVERSE
DETERMINATION.—If the 
Secretary determines that the noncitizen does 
not meet the requirements for the status for 
which the noncitizen applied, the Secretary 
shall notify the noncitizen of such determina-
tion. 
‘‘(E) WITHDRAWAL OF APPLICATION.— 
‘‘(i) IN GENERAL.—On receipt of a re-
quest to withdraw an application under 
section 245B, 245C, 245D, 245E, or 
245F, the Secretary shall cease processing 
of the application and close the case. 
‘‘(ii) EFFECT
OF
WITHDRAWAL.— 
Withdrawal of such an application shall 
not prejudice any future application filed 
by the applicant for any immigration ben-
efit under this Act. 
‘‘(F) DOCUMENT REQUIREMENTS.— 
‘‘(i) 
ESTABLISHING
IDENTITY.—A 
noncitizen’s application for status under 
section 245B, 245C, 245D, 245E, or 245F 
may include, as evidence of identity, the 
following: 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00051
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(I) A passport or national iden-
tity document from the noncitizen’s 
country of origin that includes the 
noncitizen’s name and the noncitizen’s 
photograph or fingerprint. 
‘‘(II) The noncitizen’s birth cer-
tificate and an identity card that in-
cludes the noncitizen’s name and pho-
tograph. 
‘‘(III) A school identification 
card that includes the noncitizen’s 
name and photograph, and school 
records showing the noncitizen’s name 
and that the noncitizen is or was en-
rolled at the school. 
‘‘(IV) A uniformed services iden-
tification card issued by the Depart-
ment of Defense. 
‘‘(V) Any immigration or other 
document issued by the United States 
Government bearing the noncitizen’s 
name and photograph. 
‘‘(VI) A State-issued identifica-
tion card bearing the noncitizen’s 
name and photograph. 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00052
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(VII) Any other evidence that 
the Secretary determines to be cred-
ible. 
‘‘(ii) DOCUMENTS ESTABLISHING CON-
TINUOUS PHYSICAL PRESENCE.—Evidence 
that the noncitizen has been continuously 
physically present in the United States 
may include the following: 
‘‘(I) Passport entries, including 
admission stamps on the noncitizen’s 
passport. 
‘‘(II) Any document from the De-
partment of Justice or the Depart-
ment of Homeland Security noting the 
noncitizen’s date of entry into the 
United States. 
‘‘(III) Records from any edu-
cational institution the noncitizen has 
attended in the United States. 
‘‘(IV) Employment records of the 
noncitizen that include the employer’s 
name and contact information. 
‘‘(V) Records of service from the 
uniformed services. 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00053
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(VI) Official records from a reli-
gious entity confirming the nonciti-
zen’s participation in a religious cere-
mony. 
‘‘(VII) A birth certificate for a 
child who was born in the United 
States. 
‘‘(VIII) 
Hospital 
or 
medical 
records showing medical treatment or 
hospitalization, the name of the med-
ical facility or physician, and the date 
of the treatment or hospitalization. 
‘‘(IX) Automobile license receipts 
or registration. 
‘‘(X) Deeds, mortgages, or rental 
agreement contracts. 
‘‘(XI) Rent receipts or utility 
bills bearing the noncitizen’s name or 
the name of an immediate family 
member of the noncitizen, and the 
noncitizen’s address. 
‘‘(XII) Tax receipts. 
‘‘(XIII) Insurance policies. 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00054
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(XIV) Remittance records, in-
cluding copies of money order receipts 
sent in or out of the country. 
‘‘(XV) Travel records, including 
online or hardcopy airplane, bus and 
train tickets, itineraries, and hotel or 
hostel receipts. 
‘‘(XVI) Dated bank transactions. 
‘‘(XVII) Sworn affidavits from at 
least two individuals who are not re-
lated to the noncitizen who have di-
rect knowledge of the noncitizen’s con-
tinuous physical presence in the 
United States, that contain— 
‘‘(aa) the name, address, 
and telephone number of the affi-
ant; and 
‘‘(bb) the nature and dura-
tion of the relationship between 
the affiant and the noncitizen. 
‘‘(XVIII) Any other evidence de-
termined to be credible. 
‘‘(iii) DOCUMENTS ESTABLISHING EX-
EMPTION FROM APPLICATION FEES.—The 
Secretary shall set forth, by regulation, the 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00055
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
documents that may be used as evidence 
that a noncitizen’s application for status 
under section 245B, 245C, 245D, 245E, 
or 245F is exempt from an application fee 
under subsection (b)(2). 
‘‘(iv) AUTHORITY
TO
PROHIBIT
USE 
OF
CERTAIN
DOCUMENTS.—If the Sec-
retary determines, after publication in the 
Federal Register and an opportunity for 
public comment, that any document or 
class of documents does not reliably estab-
lish identity, or that any document or class 
of documents is frequently being used to 
obtain relief under this section and is being 
obtained fraudulently to an unacceptable 
degree, the Secretary may prohibit or re-
strict the use of such document or class of 
documents. 
‘‘(G) SUFFICIENCY OF THE EVIDENCE.— 
‘‘(i) FAILURE TO SUBMIT SUFFICIENT 
EVIDENCE.—The Secretary may deny an 
application under section 245B, 245C, 
245D, 245E, or 245F submitted by a non-
citizen who fails to submit requested initial 
evidence, including requested biometric 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00056
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
data, or any requested additional evidence, 
by the date required by the Secretary. 
‘‘(ii) 
AMENDED
APPLICATION.—A 
noncitizen whose application is denied 
under clause (i) may, without an additional 
fee, submit to the Secretary an amended 
application or supplement the existing ap-
plication if the amended or supplemented 
application contains the required informa-
tion and any fee that was missing from the 
initial application. 
‘‘(iii) FULFILLMENT OF ELIGIBILITY 
REQUIREMENTS.—Except as provided in 
clause (i), an application— 
‘‘(I) may not be denied for fail-
ure to submit particular evidence; and 
‘‘(II) may only be denied on evi-
dentiary grounds if the evidence sub-
mitted is not credible or otherwise 
fails to establish eligibility. 
‘‘(iv) 
AUTHORITY
TO
DETERMINE 
PROBITY
OF
EVIDENCE.—The Secretary 
may determine— 
‘‘(I) whether evidence is credible; 
and 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00057
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(II) the weight to be given the 
evidence. 
‘‘(4) REVOCATION.— 
‘‘(A) IN GENERAL.—If the Secretary deter-
mines that a noncitizen fraudulently obtained 
status under section 245B, 245C, 245D, 245E, 
or 245F, the Secretary may revoke such status 
at any time after— 
‘‘(i) providing appropriate notice to 
the noncitizen; 
‘‘(ii) providing the noncitizen an op-
portunity to respond; and 
‘‘(iii) the exhaustion or waiver of all 
applicable administrative review procedures 
under paragraph (6). 
‘‘(B) ADDITIONAL
EVIDENCE.—In deter-
mining whether to revoke a noncitizen’s status 
under subparagraph (A), the Secretary may re-
quire the noncitizen— 
‘‘(i) to submit additional evidence; or 
‘‘(ii) to appear for an interview. 
‘‘(C) 
INVALIDATION
OF
DOCUMENTA-
TION.—If a noncitizen’s status is revoked under 
subparagraph (A), any documentation issued by 
the Secretary to the noncitizen under paragraph 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00058
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
(3)(C) shall automatically be rendered invalid 
for any purpose except for departure from the 
United States. 
‘‘(5) ADMINISTRATIVE REVIEW.— 
‘‘(A) EXCLUSIVE
ADMINISTRATIVE
RE-
VIEW.—Administrative review of a determina-
tion with respect to an application for status 
under section 245B, 245C, 245D, 245E, or 
245F shall be conducted solely in accordance 
with this paragraph. 
‘‘(B) ADMINISTRATIVE
APPELLATE
RE-
VIEW.— 
‘‘(i) ESTABLISHMENT
OF
ADMINIS-
TRATIVE
APPELLATE
AUTHORITY.—The 
Secretary shall establish or designate an 
appellate authority to provide for a single 
level of administrative appellate review of 
denials of applications or petitions sub-
mitted, and revocations of status, under 
sections 245B, 245C, 245D, 245E, and 
245F. 
‘‘(ii) SINGLE APPEAL FOR EACH AD-
MINISTRATIVE DECISION.—A noncitizen in 
the United States whose application for 
status under section 245B, 245C, 245D, 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00059
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
245E, or 245F has been denied or whose 
status under any such section has been re-
voked may submit to the Secretary not 
more than 1 appeal of each such decision. 
‘‘(iii) NOTICE OF APPEAL.—A notice 
of appeal under this paragraph shall be 
submitted not later than 90 days after the 
date of service of the denial or revocation, 
unless a delay beyond the 90-day period is 
reasonably justifiable. 
‘‘(iv) REVIEW BY SECRETARY.—Noth-
ing in this paragraph may be construed to 
limit the authority of the Secretary to cer-
tify appeals for review and final decision. 
‘‘(v) DENIAL
OF
PETITIONS
FOR 
SPOUSES AND CHILDREN.—A decision to 
deny, or revoke approval of, a petition sub-
mitted by a noncitizen to classify a spouse 
or child of the noncitizen as the spouse or 
child of a noncitizen for purposes of sec-
tion 245B, 245C, 245D, 245E, or 245F 
may be appealed under this paragraph. 
‘‘(C) STAY
OF
REMOVAL.—Noncitizens 
seeking administrative review of a denial, or 
revocation of approval, of an application for sta-
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00060
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
tus under section 245B, 245C, 245D, 245E, or 
245F shall not be removed from the United 
States before a final decision is rendered estab-
lishing ineligibility for such status. 
‘‘(D) RECORD FOR REVIEW.—Administra-
tive appellate review under this paragraph shall 
be de novo and based solely upon— 
‘‘(i) the administrative record estab-
lished at the time of the determination on 
the application; and 
‘‘(ii) any additional newly discovered 
or previously unavailable evidence. 
‘‘(6) JUDICIAL REVIEW.—Judicial review of de-
cisions denying, or revoking approval of, applications 
or petitions under sections 245B, 245C, 245D, 
245E, and 245F shall be governed by section 242. 
‘‘(7) EFFECTS
WHILE
APPLICATIONS
ARE 
PENDING.—During the period beginning on the date 
on which a noncitizen applies for status under sec-
tion 245B, 245C, 245D, 245E, or 245F and ending 
on the date on which the Secretary makes a final de-
cision on such application— 
‘‘(A) notwithstanding section 212(d)(5)(A), 
the Secretary shall have the discretion to grant 
advance parole to the noncitizen; 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00061
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(B) the noncitizen shall not be considered 
an unauthorized noncitizen (as defined in sec-
tion 274A(h)(3)). 
‘‘(8) EMPLOYMENT.— 
‘‘(A) RECEIPT OF APPLICATION.—As soon 
as practicable after receiving an application for 
status under section 245B, 245C, 245D, 245E, 
or 245F, the Secretary shall provide the appli-
cant with a document acknowledging receipt of 
such application. 
‘‘(B) EMPLOYMENT
AUTHORIZATION.—A 
document issued under subparagraph (A) 
shall— 
‘‘(i) serve as interim proof of the non-
citizen’s authorization to accept employ-
ment in the United States; and 
‘‘(ii) be accepted by an employer as 
evidence 
of 
employment 
authorization 
under section 274A(b)(1)(C) pending a 
final decision on the application. 
‘‘(C) EMPLOYER
PROTECTION.—An em-
ployer who knows that a noncitizen employee is 
an applicant for status under section 245B, 
245C, 245D, 245E, or 245F or intends to 
apply for any such status, and who continues to 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00062
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
employ the noncitizen pending a final decision 
on the noncitizen employee’s application, shall 
not be considered to be in violation of section 
274A(a)(2) for hiring, employment, or contin-
ued employment of the noncitizen. 
‘‘(9) INFORMATION PRIVACY.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), no officer or employee of the 
United States may— 
‘‘(i) use the information provided by a 
noncitizen pursuant to an application sub-
mitted under section 245B, 245C, 245D, 
245E, or 245F to initiate removal pro-
ceedings against any person identified in 
the application; 
‘‘(ii) make any publication whereby 
the information provided by any particular 
individual pursuant to such an application 
may be identified; or 
‘‘(iii) permit any individual other than 
an officer or employee of the Federal agen-
cy to which such an application is sub-
mitted to examine the application. 
‘‘(B) REQUIRED
DISCLOSURE.—Notwith-
standing subparagraph (A), the Attorney Gen-
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00063
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
eral or the Secretary shall provide the informa-
tion provided in an application under section 
245B, 245C, 245D, 245E, or 245F, and any 
other information derived from such informa-
tion, to— 
‘‘(i) a duly recognized law enforce-
ment entity in connection with an inves-
tigation or prosecution of an offense de-
scribed in paragraph (2) or (3) of section 
212(a), if such information is requested in 
writing by such entity; or 
‘‘(ii) an official coroner for purposes 
of affirmatively identifying a deceased indi-
vidual (whether or not such individual is 
deceased as a result of a crime). 
‘‘(C) PENALTY.—Whoever knowingly uses, 
publishes, or permits information to be exam-
ined in violation of this section shall be fined 
not more than $50,000. 
‘‘(D) SAFEGUARDS.—The Secretary shall 
require appropriate administrative and physical 
safeguards to protect against disclosure and 
uses of information that violate this paragraph. 
‘‘(E) ANNUAL ASSESSMENT.—Not less fre-
quently than annually, the Secretary shall con-
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00064
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
duct an assessment that, for the preceding cal-
endar year— 
‘‘(i) analyzes the effectiveness of the 
safeguards under subparagraph (D); 
‘‘(ii) determines the number of au-
thorized disclosures made; and 
‘‘(iii) determines the number of disclo-
sures prohibited by subparagraph (A) 
made. 
‘‘(10) LANGUAGE ASSISTANCE.—The Secretary, 
in consultation with the Attorney General, shall 
make available forms and accompanying instructions 
in the most common languages spoken in the United 
States, as determined by the Secretary. 
‘‘(11) REASONABLE
ACCOMMODATIONS.—The 
Secretary shall develop a plan for providing reason-
able accommodation, consistent with applicable law, 
to applicants for status under sections 245B, 245C, 
245D, 245E, and 245F with disabilities (as defined 
in section 3(1) of the Americans with Disabilities 
Act of 1990 (42 U.S.C. 12102(1))). 
‘‘(h) DEFINITIONS.—In this section and sections 
245B, 245C, 245D, 245E, and 245F: 
‘‘(1) FINAL DECISION.—The term ‘final deci-
sion’ means a decision or an order issued by the Sec-
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00065
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
retary under this section after the period for re-
questing administrative review under subsection 
(g)(5) has expired or the challenged decision was af-
firmed after such administrative review. 
‘‘(2) SECRETARY.—The term ‘Secretary’ means 
the Secretary of Homeland Security. 
‘‘(3) UNIFORMED
SERVICES.—The term ‘uni-
formed services’ has the meaning given the term in 
section 101(a) of title 10, United States Code.’’. 
(b) RULEMAKING.— 
(1) RULES
IMPLEMENTING
SECTIONS
245B, 
245D, 245E, 245F, AND 245G.— 
(A) IN GENERAL.—Not later than 1 year 
after the date of the enactment of this Act, the 
Secretary shall issue interim final rules, pub-
lished in the Federal Register, implementing 
sections 245B, 245D, 245E, 245F, and 245G 
of the Immigration and Nationality Act, as 
added by this subtitle. 
(B) EFFECTIVE
DATE.—Notwithstanding 
section 553 of title 5, United States Code, the 
rules issued under this paragraph shall be effec-
tive, on an interim basis, immediately upon 
publication, but may be subject to change and 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00066
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
revision after public notice and opportunity for 
a period of public comment. 
(C) FINAL
RULES.—Not later than 180 
days after the date of publication under sub-
paragraph (B), the Secretary shall finalize the 
interim rules. 
(2) RULES IMPLEMENTING SECTION 245C.—Not 
later than 180 days after the date of the enactment 
of this Act, the Secretary shall issue a final rule im-
plementing section 245C of the Immigration and 
Nationality Act, as added by this subtitle. 
(3) REQUIREMENT.—The rules issued under 
this subsection shall prescribe the evidence required 
to demonstrate eligibility for status under sections 
245B, 245C, 245D, 245E, and 245F of the Immi-
gration and Nationality Act, as added by this sub-
title, or otherwise required to apply for status under 
such sections. 
(c) PAPERWORK REDUCTION ACT.—The require-
ments under chapter 35 of title 44, United States Code 
(commonly known as the ‘‘Paperwork Reduction Act’’), 
shall not apply to any action to implement this title. 
(d) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of contents for the Immigration and Nationality 
Act (8 U.S.C. 1101 et seq.), as amended by section 1105, 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00067
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
is further amended by inserting after the item relating to 
section 245F the following: 
‘‘Sec. 245G. General provisions relating to adjustment of status.’’. 
Subtitle B—Other Reforms 
SEC. 1201. V NONIMMIGRANT VISAS. 
(a) 
NONIMMIGRANT
ELIGIBILITY.—Section 
101(a)(15)(V) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(15)(V)) is amended to read as follows: 
‘‘(V) subject to section 214(q)(1), a noncit-
izen who is the beneficiary of an approved peti-
tion under section 203(a) or 245B.’’. 
(b) EMPLOYMENT AND PERIOD OF ADMISSION OF 
NONIMMIGRANTS
DESCRIBED
IN
SECTION 
101(a)(15)(V).—Section 214(q)(1) of the Immigration 
and Nationality Act (8 U.S.C. 1184(q)(1)) is amended to 
read as follows: 
‘‘(q) NONIMMIGRANTS
DESCRIBED
IN
SECTION 
101(a)(15)(V).— 
‘‘(1) CERTAIN SONS AND DAUGHTERS.— 
‘‘(A) EMPLOYMENT AUTHORIZATION.—The 
Secretary shall— 
‘‘(i) authorize a nonimmigrant admit-
ted pursuant to section 101(a)(15)(V) to 
engage in employment in the United States 
during the period of such nonimmigrant’s 
authorized admission; and 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00068
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(ii) provide the nonimmigrant with 
an ‘employment authorized’ endorsement 
or other appropriate document signifying 
authorization of employment. 
‘‘(B) TERMINATION OF ADMISSION.—The 
period of authorized admission for a non-
immigrant 
admitted 
pursuant 
to 
section 
101(a)(15)(V) shall terminate 30 days after the 
date on which— 
‘‘(i) the nonimmigrant’s application 
for an immigrant visa pursuant to the ap-
proval of a petition under section 203(a) is 
denied; or 
‘‘(ii) the nonimmigrant’s application 
for adjustment of status under section 
245, 245B, or 245C pursuant to the ap-
proval of such a petition is denied. 
‘‘(C) PUBLIC BENEFITS.— 
‘‘(i) IN GENERAL.—A noncitizen who 
is lawfully present in the United States 
pursuant to section 101(a)(15)(V) is not 
eligible for any means-tested public bene-
fits (as such term is defined and imple-
mented in section 403 of the Personal Re-
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00069
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
sponsibility and Work Opportunity Rec-
onciliation Act of 1996 (8 U.S.C. 1613)). 
‘‘(ii) HEALTH
CARE
COVERAGE.—A 
noncitizen 
admitted 
under 
section 
101(a)(15)(V)— 
‘‘(iii) is not entitled to the premium 
assistance tax credit authorized under sec-
tion 36B of the Internal Revenue Code of 
1986 for his or her health insurance cov-
erage; 
‘‘(iv) shall be subject to the rules ap-
plicable to individuals not lawfully present 
that are set forth in subsection (e) of such 
section; 
‘‘(v) shall be subject to the rules ap-
plicable to individuals not lawfully present 
set forth in section 1402(e) of the Patient 
Protection and Affordable Care Act (42 
U.S.C. 18071(e)); and 
‘‘(vi) shall be subject to the rules ap-
plicable to individuals not lawfully present 
set forth in section 5000A(d)(3) of the In-
ternal Revenue Code of 1986.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the first day of the first 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00070
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
fiscal year beginning after the date of the enactment of 
this Act. 
SEC. 1202. EXPUNGEMENT AND SENTENCING. 
(a) 
DEFINITION
OF
CONVICTION.—Section 
101(a)(48) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(48)) is amended to read as follows: 
‘‘(48)(A) The term ‘conviction’ means, with respect 
to a noncitizen, a formal judgment of guilt of the noncit-
izen entered by a court. 
‘‘(B) The following may not be considered a convic-
tion for purposes of this Act: 
‘‘(i) An adjudication or judgment of guilt that 
has been dismissed, expunged, deferred, annulled, in-
validated, withheld, or vacated. 
‘‘(ii) Any adjudication in which the court has 
issued— 
‘‘(I) a judicial recommendation against re-
moval; 
‘‘(II) an order of probation without entry 
of judgment; or 
‘‘(III) any similar disposition. 
‘‘(iii) A judgment that is on appeal or is within 
the time to file direct appeal. 
‘‘(C)(i) Unless otherwise provided, with respect to an 
offense, any reference to a term of imprisonment or a sen-
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00071
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
tence is considered to include only the period of incarcer-
ation ordered by a court. 
‘‘(ii) Any such reference shall be considered to ex-
clude any portion of a sentence of which the imposition 
or execution was suspended.’’. 
(b) JUDICIAL
RECOMMENDATION
AGAINST
RE-
MOVAL.—The grounds of inadmissibility and deportability 
under sections 212(a)(2) and 237(a)(2) of the Immigra-
tion and Nationality Act (8 U.S.C. 1182(a)(2) and 
1227(a)(2)) shall not apply to a noncitizen with a criminal 
conviction if, not later than 180 days after the date on 
which the noncitizen is sentenced, and after having pro-
vided notice and an opportunity to respond to representa-
tives of the State concerned, the Secretary, and pros-
ecuting authorities, the sentencing court issues a rec-
ommendation to the Secretary that the noncitizen not be 
removed on the basis of the conviction. 
SEC. 1203. PETTY OFFENSES. 
Section 212(a)(2)(A)(ii) of the Immigration and Na-
tionality Act (8 U.S.C. 1182(a)(2)(A)(ii)) is amended— 
(1) in the matter preceding subclause (I), by 
striking ‘‘to an alien who committed only one 
crime’’; 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00072
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
(2) in subclause (I), by inserting ‘‘the noncit-
izen committed only one crime,’’ before ‘‘the crime 
was committed when’’; and 
(3) by amending subclause (II) to read as fol-
lows: 
‘‘(II) the noncitizen committed 
not more than 2 crimes, the maximum 
penalty possible for each crime of 
which the noncitizen was convicted (or 
which the noncitizen admits having 
committed or of which the acts that 
the noncitizen admits having com-
mitted constituted the essential ele-
ments) did not exceed imprisonment 
for 1 year and, if the noncitizen was 
convicted of either crime, the noncit-
izen was not sentenced to terms of im-
prisonment with respective sentences 
imposed in excess of 180 days (re-
gardless of the extent to which either 
sentence was ultimately executed).’’. 
SEC. 1204. RESTORING FAIRNESS TO ADJUDICATIONS. 
(a) WAIVER OF GROUNDS OF INADMISSIBILITY.— 
Section 212 of the Immigration and Nationality Act (8 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00073
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
U.S.C. 1182) is amended by inserting after subsection (b) 
the following: 
‘‘(c) HUMANITARIAN, FAMILY UNITY, AND PUBLIC 
INTEREST WAIVER.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, except section 245G(c)(1)(B), the 
Secretary of Homeland Security or the Attorney 
General may waive the operation of any 1 or more 
grounds of inadmissibility under this section (exclud-
ing inadmissibility under subsection (a)(3)) for any 
purpose, including eligibility for relief from re-
moval— 
‘‘(A) for humanitarian purposes; 
‘‘(B) to ensure family unity; or 
‘‘(C) if a waiver is otherwise in the public 
interest. 
‘‘(2) CONSIDERATIONS.—In making a deter-
mination under paragraph (1), the Secretary of 
Homeland Security or the Attorney General shall 
consider all mitigating and aggravating factors, in-
cluding— 
‘‘(A) the severity of the underlying cir-
cumstances, conduct, or violation; 
‘‘(B) the duration of the noncitizen’s resi-
dence in the United States; 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00074
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(C) evidence of rehabilitation, if applica-
ble; and 
‘‘(D) the extent to which the noncitizen’s 
removal, or the denial of the noncitizen’s appli-
cation, would adversely affect the noncitizen or 
the noncitizen’s United States citizen or lawful 
permanent resident family members.’’. 
(b) WAIVER OF GROUNDS OF DEPORTABILITY.—Sec-
tion 237(a) of the Immigration and Nationality Act (8 
U.S.C. 1227(a)) is amended by adding at the end the fol-
lowing: 
‘‘(8) HUMANITARIAN, FAMILY UNITY, AND PUB-
LIC INTEREST WAIVER.— 
‘‘(A) IN GENERAL.—Notwithstanding any 
other 
provision 
of 
law, 
except 
section 
245G(c)(1)(B), the Secretary of Homeland Se-
curity or the Attorney General may waive the 
operation of any 1 or more grounds of deport-
ability under this subsection (excluding deport-
ability under paragraph (2)(A)(iii) based on a 
conviction described in section 101(a)(43)(A) 
and deportability under paragraph (4)) for any 
purpose, including eligibility for relief from re-
moval— 
‘‘(i) for humanitarian purposes; 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00075
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(ii) to ensure family unity; or 
‘‘(iii) if a waiver is otherwise in the 
public interest. 
‘‘(B) CONSIDERATIONS.—In making a de-
termination under subparagraph (A), the Sec-
retary of Homeland Security or the Attorney 
General shall consider all mitigating and aggra-
vating factors, including— 
‘‘(i) the severity of the underlying cir-
cumstances, conduct, or violation; 
‘‘(ii) the duration of the noncitizen’s 
residence in the United States; 
‘‘(iii) evidence of rehabilitation, if ap-
plicable; and 
‘‘(iv) the extent to which the nonciti-
zen’s removal, or the denial of the nonciti-
zen’s application, would adversely affect 
the noncitizen or the noncitizen’s United 
States citizen or lawful permanent resident 
family members.’’. 
SEC. 1205. JUDICIAL REVIEW. 
Section 242 of the Immigration and Nationality Act 
(8 U.S.C. 1252) is amended— 
(1) in subsection (a)(2)— 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00076
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
(A) in subparagraph (B), by inserting ‘‘the 
exercise of discretion arising under’’ after ‘‘no 
court shall have jurisdiction to review’’; 
(B) in subparagraph (C), by inserting 
‘‘and subsection (h)’’ after ‘‘subparagraph 
(D)’’; and 
(C) by amending subparagraph (D) to read 
as follows: 
‘‘(D) JUDICIAL
REVIEW
OF
CERTAIN 
LEGAL CLAIMS.—Nothing in subparagraph (B) 
or (C), or in any other provision of this Act 
that limits or eliminates judicial review, shall be 
construed as precluding review of constitutional 
claims or questions of law.’’; 
(2) in subsection (b)— 
(A) in paragraph (2), in the first sentence, 
by inserting ‘‘or, in the case of a decision gov-
erned by section 245G(g)(6), in the judicial cir-
cuit in which the petitioner resides’’ after ‘‘pro-
ceedings’’; and 
(B) in paragraph (9), by striking the first 
sentence and inserting the following: ‘‘Except as 
otherwise provided in this section, judicial re-
view of a determination respecting a removal 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00077
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
order shall be available only in judicial review 
of a final order under this section.’’; 
(3) in subsection (f)— 
(A) in paragraph (1), by striking ‘‘or re-
strain the operation of’’; and 
(B) in paragraph (2), by adding ‘‘after all 
administrative and judicial review available to 
the noncitizen is complete’’ before ‘‘unless’’; and 
(4) by adding at the end the following: 
‘‘(h) JUDICIAL REVIEW OF ELIGIBILITY DETERMINA-
TIONS RELATING TO STATUS UNDER CHAPTER 5.— 
‘‘(1) DIRECT REVIEW.—If a noncitizen’s appli-
cation under section 245B, 245C, 245D, 245E, or 
245F is denied, or the approval of such application 
is revoked, after the exhaustion of administrative ap-
pellate review under section 245G(g)(5), the noncit-
izen may seek review of such decision, in accordance 
with chapter 7 of title 5, United States Code, in the 
district court of the United States in which the non-
citizen resides. 
‘‘(2) STATUS DURING REVIEW.—During the pe-
riod in which a review described in paragraph (1) is 
pending— 
‘‘(A) any unexpired grant of voluntary de-
parture under section 240B shall be tolled; and 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00078
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(B) any order of exclusion, deportation, 
or removal shall automatically be stayed unless 
the court, in its discretion, orders otherwise. 
‘‘(3) 
REVIEW
AFTER
REMOVAL
PRO-
CEEDINGS.—A noncitizen may seek judicial review of 
a denial or revocation of approval of the noncitizen’s 
application under section 245B, 245C, 245D, 245E, 
or 245F in the appropriate court of appeals of the 
United States in conjunction with the judicial review 
of an order of removal, deportation, or exclusion if 
the validity of the denial or revocation has not been 
upheld in a prior judicial proceeding under para-
graph (1). 
‘‘(4) STANDARD FOR JUDICIAL REVIEW.— 
‘‘(A) BASIS.—Judicial review of a denial or 
revocation of approval of an application under 
section 245B, 245C, 245D, 245E, or 245F 
shall be based upon the administrative record 
established at the time of the review. 
‘‘(B) AUTHORITY
TO
REMAND.—The re-
viewing court may remand a case under this 
subsection to the Secretary of Homeland Secu-
rity (referred to in this subsection as the ‘Sec-
retary’) for consideration of additional evidence 
if the court finds that— 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00079
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(i) the additional evidence is mate-
rial; and 
‘‘(ii) there were reasonable grounds 
for failure to adduce the additional evi-
dence before the Secretary. 
‘‘(C) SCOPE OF REVIEW.—Notwithstanding 
any other provision of law, judicial review of all 
questions arising from a denial or revocation of 
approval of an application under section 245B, 
245C, 245D, 245E, or 245F shall be governed 
by the standard of review set forth in section 
706 of title 5, United States Code. 
‘‘(5) REMEDIAL POWERS.— 
‘‘(A) JURISDICTION.—Notwithstanding any 
other provision of law, the district courts of the 
United States shall have jurisdiction over any 
cause or claim arising from a pattern or prac-
tice of the Secretary in the operation or imple-
mentation of section 245B, 245C, 245D, 245E, 
245F, or 245G that is arbitrary, capricious, or 
otherwise contrary to law. 
‘‘(B) SCOPE
OF
RELIEF.—The district 
courts of the United States may order any ap-
propriate relief in a cause or claim described in 
subparagraph (A) without regard to exhaustion, 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00080
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
ripeness, or other standing requirements (other 
than constitutionally mandated requirements), 
if the court determines that— 
‘‘(i) the resolution of such cause or 
claim will serve judicial and administrative 
efficiency; or 
‘‘(ii) a remedy would otherwise not be 
reasonably available or practicable. 
‘‘(6) CHALLENGES TO THE VALIDITY OF THE 
SYSTEM.— 
‘‘(A) IN GENERAL.—Except as provided in 
paragraph (5), any claim that section 245B, 
245C, 245D, 245E, 245F, or 245G, or any reg-
ulation, written policy, written directive, or 
issued or unwritten policy or practice initiated 
by or under the authority of the Secretary to 
implement such sections, violates the Constitu-
tion of the United States or is otherwise in vio-
lation of law is available in an action instituted 
in a district court of the United States in ac-
cordance with the procedures prescribed in this 
paragraph. 
‘‘(B) SAVINGS PROVISION.—Except as pro-
vided in subparagraph (C), nothing in subpara-
graph (A) may be construed to preclude an ap-
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00081
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
plicant under section 245B, 245C, 245D, 245E, 
or 245F from asserting that an action taken or 
a decision made by the Secretary with respect 
to the applicant’s status was contrary to law. 
‘‘(C) CLASS
ACTIONS.—Any claim de-
scribed in subparagraph (A) that is brought as 
a class action shall be brought in conformity 
with— 
‘‘(i) the Class Action Fairness Act of 
2005 (Public Law 109–2; 119 Stat. 4); 
and 
‘‘(ii) the Federal Rules of Civil Proce-
dure. 
‘‘(D) PRECLUSIVE EFFECT.—The final dis-
position of any claim brought under subpara-
graph (A) shall be preclusive of any such claim 
asserted by the same individual in a subsequent 
proceeding under this subsection. 
‘‘(E) EXHAUSTION
AND
STAY
OF
PRO-
CEEDINGS.— 
‘‘(i) IN GENERAL.—No claim brought 
under this paragraph shall require the 
plaintiff to exhaust administrative rem-
edies under section 245G(g)(5). 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00082
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(ii) STAY AUTHORIZED.—Nothing in 
this paragraph may be construed to pre-
vent the court from staying proceedings 
under this paragraph to permit the Sec-
retary to evaluate an allegation of an un-
written policy or practice or to take correc-
tive action. In determining whether to 
issue such a stay, the court shall take into 
account any harm the stay may cause to 
the claimant.’’. 
SEC. 1206. MODIFICATIONS TO NATURALIZATION PROVI-
SIONS. 
The Immigration and Nationality Act (8 U.S.C. 1101 
et seq.) is amended— 
(1) in section 316 (8 U.S.C. 1427), by adding 
at the end the following: 
‘‘(g) For purposes of this chapter, the phrases ‘law-
fully admitted for permanent residence’, ‘lawfully admitted 
to the United States for permanent residence’, and ‘lawful 
admission for permanent residence’ shall refer to a noncit-
izen who— 
‘‘(1) was granted the status of lawful perma-
nent resident; 
‘‘(2) did not obtain such status through fraudu-
lent misrepresentation or fraudulent concealment of 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00083
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
a material fact, provided that the Secretary shall 
have the discretion to waive the application of this 
paragraph; and 
‘‘(3) for good cause shown.’’; and 
(2) in section 319 (8 U.S.C. 1430)— 
(A) in the section heading, by striking 
‘‘AND
EMPLOYEES
OF
CERTAIN
NON-
PROFIT
ORGANIZATIONS’’ and inserting ‘‘, 
EMPLOYEES OF CERTAIN NONPROFIT OR-
GANIZATIONS, AND OTHER LAWFUL RESI-
DENTS’’; and 
(B) by adding at the end the following: 
‘‘(f) Notwithstanding section 316(a)(1), any lawful 
permanent resident who was lawfully present in the 
United States and eligible for employment authorization 
for not less than 3 years before becoming a lawful perma-
nent resident may be naturalized upon compliance with 
all other requirements under this chapter.’’. 
SEC. 1207. RELIEF FOR LONG-TERM LEGAL RESIDENTS OF 
THE COMMONWEALTH OF THE NORTHERN 
MARIANA ISLANDS. 
The Joint Resolution entitled ‘‘A Joint Resolution to 
approve the ‘Covenant to Establish a Commonwealth of 
the Northern Mariana Islands in Political Union with the 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00084
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
United States of America’, and for other purposes’’, ap-
proved March 24, 1976 (48 U.S.C. 1806), is amended— 
(1) in subsection (b)(1)— 
(A) by amending subparagraph (A) to read 
as follows: 
‘‘(A) 
NONIMMIGRANT
WORKERS
GEN-
ERALLY.—A noncitizen, if otherwise qualified, 
may seek admission to Guam or to the Com-
monwealth during the transition program as a 
nonimmigrant 
worker 
under 
section 
101(a)(15)(H) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(15)(H) without 
counting against the numerical limitations set 
forth in section 214(g) of such Act (8 U.S.C. 
1184(g)).’’; and 
(B) in subparagraph (B)(i), by striking 
‘‘contact’’ and inserting ‘‘contract’’; 
(2) in subsection (e)— 
(A) in paragraph (4), in the paragraph 
heading, by striking ‘‘ALIENS’’ and inserting 
‘‘NONCITIZENS’’; and 
(B) by amending paragraph (6) to read as 
follows: 
‘‘(6) SPECIAL
PROVISION
REGARDING
LONG- 
TERM RESIDENTS OF THE COMMONWEALTH.— 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00085
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(A) CNMI RESIDENT STATUS.—A noncit-
izen described in subparagraph (B) may, upon 
the application of the noncitizen, be admitted in 
CNMI Resident status to the Commonwealth 
subject to the following rules: 
‘‘(i) The noncitizen shall be treated as 
a noncitizen lawfully admitted to the Com-
monwealth only, including permitting entry 
to and exit from the Commonwealth, until 
the earlier of the date on which— 
‘‘(I) the noncitizen ceases to re-
side in the Commonwealth; or 
‘‘(II) the noncitizen’s status is 
adjusted under section 245 of the Im-
migration and Nationality Act (8 
U.S.C. 1255) to that of a noncitizen 
lawfully admitted for permanent resi-
dence in accordance with all applica-
ble eligibility requirements. 
‘‘(ii) The Secretary of Homeland Se-
curity— 
‘‘(I) shall establish a process for 
such noncitizen to apply for CNMI 
Resident status during the 180-day 
period beginning on the date that is 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00086
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
90 days after the date of the enact-
ment of the U.S. Citizenship Act; 
‘‘(II) may, in the Secretary’s dis-
cretion, authorize deferred action or 
parole, as appropriate, with work au-
thorization, for such noncitizen until 
the date of adjudication of the nonciti-
zen’s application for CNMI Resident 
status; and 
‘‘(III) in the case of a noncitizen 
who has nonimmigrant status on the 
date on which the noncitizen applies 
for CNMI Resident status, the Sec-
retary 
shall 
extend 
such 
non-
immigrant status and work authoriza-
tion through the end of the 180-day 
period described in subclause (I) or 
the date of adjudication of the nonciti-
zen’s application for CNMI Resident 
status, whichever is later. 
‘‘(iii) Nothing in this subparagraph 
may be construed to provide any noncitizen 
granted status under this subparagraph 
with public assistance to which the noncit-
izen is not otherwise entitled. 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00087
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
the Secretary of Homeland Security 
may in the Secretary’s discretion es-
tablish procedures for the advance ap-
proval on a case-by-case basis of such 
travel for a temporary and legitimate 
purpose, and the Secretary may in the 
Secretary’s discretion authorize the 
direct transit of noncitizens with 
CNMI Resident status through Guam 
to a foreign place; 
‘‘(V) shall be authorized to work 
in the Commonwealth incident to sta-
tus; and 
‘‘(VI) shall be issued appropriate 
travel documentation and evidence of 
work authorization by the Secretary. 
‘‘(B) NONCITIZENS
DESCRIBED.—A non-
citizen is described in this subparagraph if the 
noncitizen— 
‘‘(i) was lawfully present on June 25, 
2019, or on December 31, 2018, in the 
Commonwealth under the immigration 
laws of the United States, including pursu-
ant to a grant of parole under section 
212(d)(5) of the Immigration and Nation-
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00090
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
ality Act (8 U.S.C. 1182(d)(5)) or deferred 
action; 
‘‘(ii) subject to subsection (c) of sec-
tion 212 of the Immigration and Nation-
ality Act (8 U.S.C. 1182), is admissible as 
an immigrant to the United States under 
that Act (8 U.S.C. 1101 et seq.), except 
that no immigrant visa is required; 
‘‘(iii) except in the case of a noncit-
izen who meets the requirements of sub-
clause (III) or (VI) of clause (v), resided 
continuously and lawfully in the Common-
wealth from November 28, 2009, through 
June 25, 2019; 
‘‘(iv) is not a citizen of the Republic 
of the Marshall Islands, the Federated 
States of Micronesia, or the Republic of 
Palau; and 
‘‘(v) in addition— 
‘‘(I) was born in the Northern 
Mariana Islands between January 1, 
1974, and January 9, 1978; 
‘‘(II) was, on November 27, 
2009, a permanent resident of the 
Commonwealth (as defined in section 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00091
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
4303 of title 3 of the Northern Mar-
iana Islands Commonwealth Code, in 
effect on May 8, 2008); 
‘‘(III) is the spouse or child (as 
defined in section 101(b)(1) of the 
Immigration and Nationality Act (8 
U.S.C. 1101(b)(1))) of a noncitizen 
described in subclause (I), (II), (V), 
(VI), or (VII); 
‘‘(IV) was, on November 27, 
2011, a spouse, child, or parent of a 
United States citizen, notwithstanding 
the age of the United States citizen, 
and continues to have such family re-
lationship with the citizen on the date 
of the application described in sub-
paragraph (A); 
‘‘(V) had a grant of parole under 
section 212(d)(5) of the Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1182(d)(5)) on December 31, 2018, 
under the former parole program for 
certain in-home caregivers adminis-
tered by United States Citizenship 
and Immigration Services; 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00092
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(VI) was admitted to the Com-
monwealth as a Commonwealth Only 
Transitional Worker during fiscal year 
2015, and during every subsequent 
fiscal year beginning before the date 
of enactment of the Northern Mariana 
Islands U.S. Workforce Act of 2018 
(Public Law 115–218; 132 Stat. 
1547); or 
‘‘(VII) resided in the Northern 
Mariana Islands as an investor under 
Commonwealth immigration law, and 
is currently a resident classified as a 
CNMI-only nonimmigrant under sec-
tion 101(a)(15)(E)(ii) of the Immigra-
tion and Nationality Act (8 U.S.C. 
1101(a)(15)(E)(ii)). 
‘‘(C) AUTHORITY
OF
ATTORNEY
GEN-
ERAL.—Beginning on the first day of the 180- 
day period established by the Secretary of 
Homeland 
Security 
under 
subparagraph 
(A)(ii)(I), the Attorney General may accept and 
adjudicate an application for CNMI Resident 
status under this paragraph by a noncitizen 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00093
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
who is in removal proceedings before the Attor-
ney General if the noncitizen— 
‘‘(i) makes an initial application to 
the Attorney General within such 180-day 
period; or 
‘‘(ii) applied to the Secretary of 
Homeland Security during such 180-day 
period and before being placed in removal 
proceedings, and the Secretary denied the 
application. 
‘‘(D) JUDICIAL REVIEW.—Notwithstanding 
any other law, no court shall have jurisdiction 
to review any decision of the Secretary of 
Homeland Security or the Attorney General on 
an application under this paragraph or any 
other action or determination of the Secretary 
of Homeland Security or the Attorney General 
to implement, administer, or enforce this para-
graph. 
‘‘(E) PROCEDURE.—The requirements of 
chapter 5 of title 5 (commonly referred to as 
the Administrative Procedure Act), or any other 
law relating to rulemaking, information collec-
tion, or publication in the Federal Register 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00094
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
shall not apply to any action to implement, ad-
minister, or enforce this paragraph. 
‘‘(F) ADJUSTMENT OF STATUS FOR CNMI 
RESIDENTS.—A noncitizen with CNMI Resident 
status may adjust his or her status to that of 
a noncitizen lawfully admitted for permanent 
residence 5 years after the date of the enact-
ment of the U.S. Citizenship Act or 5 years 
after the date on which CNMI Resident status 
is granted, whichever is later. 
‘‘(G) WAIVER
OF
APPLICATION
DEAD-
LINE.—The Secretary of Homeland Security 
may, in the Secretary’s sole and unreviewable 
discretion, accept an application for CNMI 
Resident status submitted after the application 
deadline if— 
‘‘(i) the applicant is eligible for CNMI 
Resident status; 
‘‘(ii) the applicant timely submitted 
an application for CNMI Resident status 
and made a good faith effort to comply 
with the application requirements as deter-
mined by the Secretary; and 
‘‘(iii) the application is received not 
later than 90 days after the expiration of 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00095
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
the application deadline or the date on 
which notice of rejection of the application 
is submitted, whichever is later.’’; 
(3) by striking ‘‘an alien’’ each place it appears 
and inserting ‘‘a noncitizen’’; 
(4) by striking ‘‘An alien’’ each place it appears 
and inserting ‘‘A noncitizen’’; 
(5) by striking ‘‘alien’’ each place it appears 
and inserting ‘‘noncitizen’’; 
(6) by striking ‘‘aliens’’ each place it appears 
and inserting ‘‘noncitizens’’; and 
(7) by striking ‘‘alien’s’’ each place it appears 
and inserting ‘‘noncitizen’s’’. 
SEC. 1208. GOVERNMENT CONTRACTING AND ACQUISITION 
OF REAL PROPERTY INTEREST. 
(a) EXEMPTION FROM GOVERNMENT CONTRACTING 
AND HIRING RULES.— 
(1) IN GENERAL.—A determination by a Fed-
eral agency to use a procurement competition ex-
emption under section 3304(a) of title 41, United 
States Code, or to use the authority granted in para-
graph (2), for the purpose of implementing this title 
and the amendments made by this title is not sub-
ject to challenge by protest to the Government Ac-
countability Office under chapter 35 of title 31, 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00096
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
United States Code, or to the Court of Federal 
Claims, under section 1491 of title 28, United 
States Code. An agency shall immediately advise 
Congress of the exercise of the authority granted 
under this paragraph. 
(2) GOVERNMENT CONTRACTING EXEMPTION.— 
The competition requirement under section 3306 of 
title 41, United States Code, may be waived or 
modified by a Federal agency for any procurement 
conducted to implement this title or the amendments 
made by this title if the senior procurement execu-
tive for the agency conducting the procurement— 
(A) determines that the waiver or modi-
fication is necessary; and 
(B) submits an explanation for such deter-
mination to the Committee on Homeland Secu-
rity and Governmental Affairs of the Senate 
and the Committee on Homeland Security of 
the House of Representatives. 
(3) HIRING RULES EXEMPTION.— 
(A) IN
GENERAL.—Notwithstanding any 
other provision of law, the Secretary is author-
ized to make term, temporary limited, and part- 
time appointments of employees who will imple-
ment this title and the amendments made by 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00097
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
this title without regard to the number of such 
employees, their ratio to permanent full-time 
employees, and the duration of their employ-
ment. 
(B) 
SAVINGS
PROVISION.—Nothing 
in 
chapter 71 of title 5, United States Code, shall 
affect the authority of any Department man-
agement official to hire term, temporary lim-
ited, or part-time employees under this para-
graph. 
(b) AUTHORITY TO ACQUIRE LEASEHOLDS.—Not-
withstanding any other provision of law, the Secretary 
may acquire a leasehold interest in real property, and may 
provide in a lease entered into under this subsection for 
the construction or modification of any facility on the 
leased property, if the Secretary determines that the ac-
quisition of such interest, and such construction or modi-
fication, are necessary in order to facilitate the implemen-
tation of this title and the amendments made by this title. 
SEC. 1209. CONFORMING AMENDMENTS TO THE SOCIAL SE-
CURITY ACT. 
(a) IN GENERAL.—Section 208(e)(1) of the Social 
Security Act (42 U.S.C. 408(e)(1)) is amended— 
(1) in subparagraph (B)(ii), by striking ‘‘, or’’ 
and inserting a semicolon at the end; 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00098
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
(2) in subparagraph (C), by striking the comma 
at the end and inserting a semicolon; 
(3) by inserting after subparagraph (C) the fol-
lowing: 
‘‘(D) who is granted status as a lawful 
prospective immigrant under section 245B of 
the Immigration and Nationality Act; or 
‘‘(E) whose status is adjusted to that of 
lawful permanent resident under section 245C, 
245D, 245E, or 245F of the Immigration and 
Nationality Act,’’; and 
(4) in the undesignated matter at the end, by 
inserting ‘‘, or in the case of a noncitizen described 
in subparagraph (D) or (E), if such conduct is al-
leged to have occurred before the date on which the 
noncitizen submitted an application under section 
245B, 245C, 245D, 245E, or 245F of such Act’’ be-
fore the period at the end. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the first day of the tenth 
month beginning after the date of the enactment of this 
Act. 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00099
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
100 
TITLE 
II—ADDRESSING 
THE 
ROOT CAUSES OF MIGRATION 
AND 
RESPONSIBLY 
MAN-
AGING THE SOUTHERN BOR-
DER 
SEC. 2001. DEFINITIONS. 
In this title: 
(1) BEST
INTEREST
DETERMINATION.—The 
term ‘‘best interest determination’’ means a formal 
process with procedural safeguards designed to give 
primary consideration to the child’s best interests in 
decision making. 
(2) INTERNALLY
DISPLACED
PERSONS.—The 
term ‘‘internally displaced persons’’ means persons 
or groups of persons who— 
(A) have been forced to leave their homes 
or places of habitual residence because of armed 
conflict, generalized violence, violations of 
human rights, or natural or human-made disas-
ters; and 
(B) have not crossed an internationally 
recognized border of a nation state. 
(3) INTERNATIONAL
PROTECTION.—The term 
‘‘international protection’’ means— 
(A) asylum status; 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00100
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
101 
(B) refugee status; 
(C) 
protection 
under 
the 
Convention 
Against Torture and Other Cruel, Inhuman or 
Degrading Treatment or Punishment, done at 
New York December 10, 1984; and 
(D) any other regional protection status 
available in the Western Hemisphere. 
(4) LARGE-SCALE, NONINTRUSIVE INSPECTION 
SYSTEM.—The term ‘‘large-scale, nonintrusive in-
spection system’’ means a technology, including x- 
ray, gamma-ray, and passive imaging systems, capa-
ble of producing an image of the contents of a com-
mercial or passenger vehicle or freight rail car in 1 
pass of such vehicle or car. 
(5) PRE-PRIMARY.—The term ‘‘pre-primary’’ 
means deploying scanning technology before primary 
inspection booths at land border ports of entry in 
order to provide images of commercial or passenger 
vehicles or freight rail cars before they are presented 
for inspection. 
(6) SCANNING.—The term ‘‘scanning’’ means 
utilizing nonintrusive imaging equipment, radiation 
detection equipment, or both, to capture data, in-
cluding images of a commercial or passenger vehicle 
or freight rail car. 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00101
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
102 
Subtitle A—Promoting the Rule of 
Law, Security, and Economic 
Development in Central Amer-
ica 
SEC. 2101. UNITED STATES STRATEGY FOR ENGAGEMENT 
IN CENTRAL AMERICA. 
(a) IN GENERAL.—The Secretary of State shall im-
plement a 4-year strategy, to be known as the ‘‘United 
States Strategy for Engagement in Central America’’ (re-
ferred to in this subtitle as the ‘‘Strategy’’)— 
(1) to advance reforms in Central America; and 
(2) to address the key factors contributing to 
the flight of families, unaccompanied noncitizen chil-
dren, and other individuals from Central America to 
the United States. 
(b) ELEMENTS.—The Strategy shall include efforts— 
(1) to strengthen democratic governance, ac-
countability, transparency, and the rule of law; 
(2) to combat corruption and impunity; 
(3) to improve access to justice; 
(4) to bolster the effectiveness and independ-
ence of judicial systems and public prosecutors’ of-
fices; 
(5) to improve the effectiveness of civilian police 
forces; 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00102
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
103 
(6) to confront and counter the violence, extor-
tion, and other crimes perpetrated by armed crimi-
nal gangs, illicit trafficking organizations, and orga-
nized crime, while disrupting recruitment efforts by 
such organizations; 
(7) to disrupt money laundering and other illicit 
financial operations of criminal networks, armed 
gangs, illicit trafficking organizations, and human 
smuggling networks; 
(8) to promote greater respect for internation-
ally recognized human rights, labor rights, funda-
mental freedoms, and the media; 
(9) to protect the human rights of environ-
mental defenders, civil society activists, and journal-
ists; 
(10) to enhance accountability for government 
officials, including police and security force per-
sonnel, who are credibly alleged to have committed 
serious violations of human rights or other crimes; 
(11) to enhance the capability of governments 
in Central America to protect and provide for vul-
nerable and at-risk populations; 
(12) to address the underlying causes of pov-
erty and inequality and the constraints to inclusive 
economic growth in Central America; and 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00103
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
104 
(13) to prevent and respond to endemic levels 
of sexual, gender-based, and domestic violence. 
(c) COORDINATION AND CONSULTATION.—In imple-
menting the Strategy, the Secretary of State shall— 
(1) coordinate with the Secretary of the Treas-
ury, the Secretary of Defense, the Secretary, the At-
torney General, the Administrator of the United 
States Agency for International Development, and 
the Chief Executive Officer of the United States De-
velopment Finance Corporation; and 
(2) consult with the Director of National Intel-
ligence, national and local civil society organizations 
in Central America and the United States, and the 
governments of Central America. 
(d) SUPPORT FOR CENTRAL AMERICAN EFFORTS.— 
To the degree feasible, the Strategy shall support or com-
plement efforts being carried out by the Governments of 
El Salvador, of Guatemala, and of Honduras, in coordina-
tion with bilateral and multilateral donors and partners, 
including the Inter-American Development Bank. 
SEC. 2102. SECURING SUPPORT OF INTERNATIONAL DO-
NORS AND PARTNERS. 
(a) PLAN.—The Secretary of State shall implement 
a 4-year plan— 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00104
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
105 
(1) to secure support from international donors 
and regional partners to enhance the implementation 
of the Strategy; 
(2) to identify governments that are willing to 
provide financial and technical assistance for the im-
plementation of the Strategy and the specific assist-
ance that will be provided; and 
(3) to identify and describe the financial and 
technical assistance to be provided by multilateral 
institutions, including the Inter-American Develop-
ment Bank, the World Bank, the International Mon-
etary Fund, the Andean Development Corporation– 
Development Bank of Latin America, and the Orga-
nization of American States. 
(b) DIPLOMATIC
ENGAGEMENT
AND
COORDINA-
TION.—The Secretary of State, in coordination with the 
Secretary of the Treasury, as appropriate, shall— 
(1) carry out diplomatic engagement to secure 
contributions of financial and technical assistance 
from international donors and partners in support of 
the Strategy; and 
(2) take all necessary steps to ensure effective 
cooperation among international donors and part-
ners supporting the Strategy. 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00105
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
106 
SEC. 2103. COMBATING CORRUPTION, STRENGTHENING 
THE RULE OF LAW, AND CONSOLIDATING 
DEMOCRATIC GOVERNANCE. 
The Secretary of State and the Administrator of the 
United States Agency for International Development are 
authorized— 
(1) to combat corruption in Central America by 
supporting— 
(A) Inspectors General and oversight insti-
tutions, including— 
(i) support for multilateral support 
missions for key ministries, including min-
istries responsible for tax, customs, pro-
curement, and citizen security; and 
(ii) relevant training for inspectors 
and auditors; 
(B) multilateral support missions against 
corruption and impunity; 
(C) civil society organizations conducting 
oversight of executive and legislative branch of-
ficials and functions, police and security forces, 
and judicial officials and public prosecutors; 
and 
(D) the enhancement of freedom of infor-
mation mechanisms; 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00106
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
107 
(2) to strengthen the rule of law in Central 
America by supporting— 
(A) Attorney General offices, public pros-
ecutors, and the judiciary, including enhancing 
investigative and forensics capabilities; 
(B) independent, merit-based selection 
processes for judges and prosecutors, inde-
pendent internal controls, and relevant ethics 
and professional training, including training on 
sexual, gender-based, and domestic violence; 
(C) improved victim, witness, and whistle-
blower protection and access to justice; and 
(D) reforms to and the improvement of 
prison facilities and management; 
(3) to consolidate democratic governance in 
Central America by supporting— 
(A) reforms of civil services, related train-
ing programs, and relevant laws and processes 
that lead to independent, merit-based selection 
processes; 
(B) national legislatures and their capacity 
to conduct oversight of executive branch func-
tions; 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00107
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
108 
(C) reforms to, and strengthening of, polit-
ical party and campaign finance laws and elec-
toral tribunals; 
(D) local governments and their capacity 
to provide critical safety, education, health, and 
sanitation services to citizens; and 
(4) to defend human rights by supporting— 
(A) human rights ombudsman offices; 
(B) government protection programs that 
provide physical protection and security to 
human rights defenders, journalists, trade 
unionists, whistleblowers, and civil society activ-
ists who are at risk; 
(C) civil society organizations that promote 
and defend human rights, freedom of expres-
sion, freedom of the press, labor rights, environ-
mental protection, and the rights of individuals 
with diverse sexual orientations or gender iden-
tities; and 
(D) civil society organizations that address 
sexual, gender-based, and domestic violence, 
and that protect victims of such violence. 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00108
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
109 
SEC. 2104. COMBATING CRIMINAL VIOLENCE AND IMPROV-
ING CITIZEN SECURITY. 
The Secretary of State and the Administrator of the 
United States Agency for International Development are 
authorized— 
(1) to counter the violence and crime per-
petrated by armed criminal gangs, illicit trafficking 
organizations, and human smuggling networks in 
Central America by providing assistance to civilian 
law enforcement, including support for— 
(A) the execution and management of com-
plex, multi-actor criminal cases; 
(B) the enhancement of intelligence collec-
tion capacity, and training on civilian intel-
ligence collection (including safeguards for pri-
vacy and basic civil liberties), investigative tech-
niques, forensic analysis, and evidence preserva-
tion; 
(C) community policing policies and pro-
grams; 
(D) the enhancement of capacity to iden-
tify, investigate, and prosecute crimes involving 
sexual, gender-based, and domestic violence; 
and 
(E) port, airport, and border security offi-
cials, agencies and systems, including— 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00109
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
110 
(i) the professionalization of immigra-
tion personnel; 
(ii) improvements to computer infra-
structure and data management systems, 
secure communications technologies, non-
intrusive inspection equipment, and radar 
and aerial surveillance equipment; and 
(iii) assistance to canine units; 
(2) to disrupt illicit financial networks in Cen-
tral America, including by supporting— 
(A) finance ministries, including the impo-
sition of financial sanctions to block the assets 
of individuals and organizations involved in 
money laundering or the financing of armed 
criminal gangs, illicit trafficking networks, 
human smuggling networks, or organized crime; 
(B) financial intelligence units, including 
the establishment and enhancement of anti- 
money laundering programs; and 
(C) the reform of bank secrecy laws; 
(3) to assist in the professionalization of civilian 
police forces in Central America by supporting— 
(A) reforms with respect to personnel re-
cruitment, vetting, and dismissal processes, in-
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00110
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
111 
cluding the enhancement of polygraph capa-
bility for use in such processes; 
(B) Inspectors General and oversight of-
fices, including relevant training for inspectors 
and auditors, and independent oversight mecha-
nisms, as appropriate; and 
(C) training and the development of proto-
cols regarding the appropriate use of force and 
human rights; 
(4) to improve crime prevention and to reduce 
violence, extortion, child recruitment into gangs, and 
sexual slavery by supporting— 
(A) the improvement of child protection 
systems; 
(B) the enhancement of programs for at- 
risk youth, including the improvement of com-
munity centers and programs aimed at success-
fully reinserting former gang members; 
(C) livelihood programming that provides 
youth and other at-risk individuals with legal 
and sustainable alternatives to gang member-
ship; 
(D) safe shelter and humanitarian re-
sponses for victims of crime and internal dis-
placement; and 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00111
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
112 
(E) programs to receive and effectively re-
integrate repatriated migrants in El Salvador, 
Guatemala, and Honduras. 
SEC. 2105. COMBATING SEXUAL, GENDER-BASED, AND DO-
MESTIC VIOLENCE. 
The Secretary of State and the Administrator of the 
United States Agency for International Development are 
authorized to counter sexual, gender-based, and domestic 
violence in Central American countries by— 
(1) broadening engagement among national and 
local institutions to address sexual, gender-based, 
and domestic violence; 
(2) supporting educational initiatives to reduce 
sexual, gender-based, and domestic violence; 
(3) supporting outreach efforts tailored to meet 
the needs of women, girls, individuals of diverse sex-
ual orientations or gender identities, and other vul-
nerable individuals at risk of violence and exploi-
tation; 
(4) formalizing standards of care and confiden-
tiality at police, health facilities, and other govern-
ment facilities; and 
(5) establishing accountability mechanisms for 
perpetrators of violence. 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00112
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
113 
SEC. 2106. TACKLING EXTREME POVERTY AND ADVANCING 
ECONOMIC DEVELOPMENT. 
The Secretary of State and the Administrator of the 
United States Agency for International Development are 
authorized to tackle extreme poverty and the underlying 
causes of poverty in Central American countries by— 
(1) strengthening human capital by sup-
porting— 
(A) workforce development and entrepre-
neurship training programs that are driven by 
market 
demand, 
including 
programs 
that 
prioritize women, at-risk youth, and indigenous 
communities; 
(B) improving early-grade literacy, and 
primary and secondary school curricula; 
(C) relevant professional training for 
teachers and educational administrators; 
(D) educational policy reform and improve-
ment of education sector budgeting; and 
(E) establishment and expansion of safe 
schools and related facilities for children; 
(2) enhancing economic competitiveness and in-
vestment climate by supporting— 
(A) small business development centers 
and programs that strengthen supply chain in-
tegration; 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00113
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
114 
(B) the improvement of protections for in-
vestors, including dispute resolution and arbi-
tration mechanisms; 
(C) trade facilitation and customs harmo-
nization programs; and 
(D) reducing energy costs through invest-
ments in clean technologies and the reform of 
energy policies and regulations; 
(3) strengthening food security by supporting— 
(A) small and medium-scale sustainable 
agriculture, including by providing technical 
training, improving access to credit, and pro-
moting policies and programs that incentivize 
government agencies and private institutions to 
buy from local producers; 
(B) agricultural value chain development 
for farming communities; 
(C) nutrition programs to reduce childhood 
malnutrition and stunting rates; and 
(D) mitigation, adaptation, and recovery 
programs in response to natural disasters and 
other external shocks; and 
(4) improving fiscal and financial affairs by 
supporting— 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00114
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
115 
(A) domestic revenue generation, including 
programs to improve tax administration, collec-
tion, and enforcement; 
(B) strengthening public sector financial 
management, including strategic budgeting and 
expenditure tracking; and 
(C) reform of customs and procurement 
policies and processes. 
SEC. 2107. AUTHORIZATION OF APPROPRIATIONS FOR 
UNITED STATES STRATEGY FOR ENGAGE-
MENT IN CENTRAL AMERICA. 
(a) IN GENERAL.—There are authorized to be appro-
priated $1,000,000,000 for each of the fiscal years 2024 
through 2027 to carry out the Strategy. 
(b) PORTION
OF FUNDING AVAILABLE WITHOUT 
CONDITION.—The Secretary of State or the Administrator 
of the United States Agency for International Develop-
ment, as appropriate, may obligate up to 50 percent of 
the amounts appropriated in each fiscal year pursuant to 
subsection (a) to carry out the Strategy on the first day 
of the fiscal year for which they are appropriated. 
(c) PORTION
OF
FUNDING
AVAILABLE
AFTER 
PROGRESS ON SPECIFIC ISSUES.—The remaining 50 per-
cent of the amounts appropriated pursuant to subsection 
(a) (after the obligations authorized under subsection (b)) 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00115
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
116 
may only be made available for assistance to the Govern-
ment of El Salvador, of Guatemala, or of Honduras after 
the Secretary of State consults with, and subsequently cer-
tifies and reports to, the Committee on Foreign Relations 
of the Senate, the Committee on Appropriations of the 
Senate, the Committee on Foreign Affairs of the House 
of Representatives, and the Committee on Appropriations 
of the House of Representatives that the respective gov-
ernment is taking effective steps (in addition to steps 
taken during the previous calendar year)— 
(1) to combat corruption and impunity, includ-
ing investigating and prosecuting government offi-
cials, military personnel, and civilian police officers 
credibly alleged to be corrupt; 
(2) to implement reforms, policies, and pro-
grams to strengthen the rule of law, including in-
creasing the transparency of public institutions and 
the independence of the judiciary and electoral insti-
tutions; 
(3) to protect the rights of civil society, opposi-
tion political parties, trade unionists, human rights 
defenders, and the independence of the media; 
(4) to provide effective and accountable civilian 
law enforcement and security for its citizens, and 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00116
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
117 
curtailing the role of the military in internal polic-
ing; 
(5) to implement policies to reduce poverty and 
promote equitable economic growth and opportunity; 
(6) to increase government revenues, including 
by enhancing tax collection, strengthening customs 
agencies, and reforming procurement processes; 
(7) to improve border security and countering 
human smuggling, criminal gangs, drug traffickers, 
and transnational criminal organizations; 
(8) to counter and prevent sexual and gender- 
based violence; 
(9) to inform its citizens of the dangers of the 
journey to the southwest border of the United 
States; 
(10) to resolve disputes involving the confisca-
tion of real property of United States entities; and 
(11) to implement reforms to strengthen edu-
cational systems, vocational training programs, and 
programs for at-risk youth. 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00117
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
118 
Subtitle B—Addressing Migration 
Needs 
by 
Strengthening 
Re-
gional Humanitarian Responses 
for Refugees and Asylum Seek-
ers in the Western Hemisphere 
and Strengthening Repatriation 
Initiatives 
SEC. 2201. EXPANDING REFUGEE AND ASYLUM PROC-
ESSING IN THE WESTERN HEMISPHERE. 
(a) REFUGEE PROCESSING.—The Secretary of State, 
in coordination with the Secretary, shall work with inter-
national partners, including the United Nations High 
Commissioner for Refugees and international nongovern-
mental organizations, to support and strengthen the do-
mestic capacity of countries in the Western Hemisphere 
to process and accept refugees for resettlement and adju-
dicate asylum claims by— 
(1) providing support and technical assistance 
to expand and improve the capacity to identify, proc-
ess, and adjudicate refugee claims, adjudicate appli-
cations for asylum, or otherwise accept refugees re-
ferred for resettlement by the United Nations High 
Commissioner for Refugees or host nations, includ-
ing by increasing the number of refugee and asylum 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00118
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
119 
officers who are trained in the relevant legal stand-
ards for adjudicating claims for protection; 
(2) establishing and expanding safe and secure 
locations to facilitate the safe and orderly movement 
of individuals and families seeking international pro-
tection; 
(3) improving national refugee and asylum reg-
istration systems to ensure that any person seeking 
refugee status, asylum, or other humanitarian pro-
tections— 
(A) receives due process and meaningful 
access to existing humanitarian protections; 
(B) is provided with adequate information 
about his or her rights, including the right to 
seek protection; 
(C) is properly screened for security, in-
cluding biographic and biometric capture; and 
(D) receives appropriate documents to pre-
vent fraud and ensure freedom of movement 
and access to basic social services; and 
(4) developing the capacity to conduct best in-
terest determinations for unaccompanied children 
with international protection needs to ensure that 
such children are properly registered and that their 
claims are appropriately considered. 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00119
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
120 
(b) DIPLOMATIC
ENGAGEMENT
AND
COORDINA-
TION.—The Secretary of State, in coordination with the 
Secretary, as appropriate, shall— 
(1) carry out diplomatic engagement to secure 
commitments from governments to resettle refugees 
from Central America; and 
(2) take all necessary steps to ensure effective 
cooperation among governments resettling refugees 
from Central America. 
SEC. 2202. FURTHER STRENGTHENING REGIONAL HUMANI-
TARIAN RESPONSES IN THE WESTERN HEMI-
SPHERE. 
The Secretary of State, in coordination with inter-
national partners, including the United Nations High 
Commissioner for Refugees, shall support and coordinate 
with the government of each country hosting a significant 
population of refugees and asylum seekers from El Sal-
vador, Guatemala, and Honduras— 
(1) to establish and expand temporary shelter 
and shelter network capacity to meet the immediate 
protection and humanitarian needs of refugees and 
asylum seekers, including shelters for families, 
women, unaccompanied children, and other vulner-
able populations; 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00120
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
121 
(2) to deliver gender-, trauma-, and age-sen-
sitive humanitarian assistance to refugees and asy-
lum seekers, including access to accurate informa-
tion, legal representation, education, livelihood op-
portunities, cash assistance, and health care; 
(3) to establish and expand sexual, gender- 
based, and domestic violence prevention, recovery, 
and humanitarian programming; 
(4) to fund national- and community-led hu-
manitarian organizations in humanitarian response; 
(5) to support local integration initiatives to 
help refugees and asylum seekers rebuild their lives 
and contribute in a meaningful way to the local 
economy in their host country; and 
(6) to support technical assistance for refugee 
relocation and resettlement. 
SEC. 2203. INFORMATION CAMPAIGN ON DANGERS OF IR-
REGULAR MIGRATION. 
(a) IN GENERAL.—The Secretary of State, in coordi-
nation with the Secretary, shall design and implement 
public information campaigns in El Salvador, Guatemala, 
Honduras, and other appropriate Central American coun-
tries— 
(1) to disseminate information about the poten-
tial dangers of travel to the United States; 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00121
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
122 
(2) to provide accurate information about 
United States immigration law and policy; and 
(3) to provide accurate information about the 
availability of asylum, other humanitarian protec-
tions in countries in the Western Hemisphere, and 
other legal means for migration. 
(b) ELEMENTS.—The information campaigns imple-
mented pursuant to subsection (a), to the greatest extent 
possible— 
(1) shall be targeted at regions with high levels 
of outbound migration or significant populations of 
internally displaced persons; 
(2) shall be conducted in local languages; 
(3) shall employ a variety of communications 
media, including social media; and 
(4) shall be developed in coordination with pro-
gram officials at the Department of Homeland Secu-
rity, the Department of State, and other govern-
ment, nonprofit, or academic entities in close contact 
with migrant populations from El Salvador, Guate-
mala, and Honduras, including repatriated migrants. 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00122
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
123 
SEC. 2204. IDENTIFICATION, SCREENING, AND PROCESSING 
OF REFUGEES AND OTHER INDIVIDUALS ELI-
GIBLE FOR LAWFUL ADMISSION TO THE 
UNITED STATES. 
(a) DESIGNATED PROCESSING CENTERS.— 
(1) IN GENERAL.—The Secretary of State, in 
coordination with the Secretary, shall establish des-
ignated processing centers for the registration, 
screening, and processing of refugees and other eligi-
ble individuals, and the resettlement or relocation of 
these individuals to the United States or other coun-
tries. 
(2) LOCATIONS.—Not fewer than 1 designated 
processing center shall be established in a safe and 
secure location identified by the United States and 
the host government in— 
(A) El Salvador; 
(B) Guatemala; 
(C) Honduras; and 
(D) any other Central American country 
that the Secretary of State considers appro-
priate to accept and process requests and appli-
cations under this subtitle. 
(b) PERSONNEL.— 
(1) REFUGEE
OFFICERS
AND
RELATED
PER-
SONNEL.—The Secretary shall ensure that sufficient 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00123
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
124 
numbers of refugee officers and other personnel are 
assigned to each designated processing center to ful-
fill the requirements under this subtitle. 
(2) SUPPORT PERSONNEL.—The Secretary and 
the Attorney General shall hire and assign sufficient 
personnel 
to 
ensure, 
absent 
exceptional 
cir-
cumstances, that all security and law enforcement 
background checks required under this subtitle and 
family verification checks carried out by the Refugee 
Access Verification Unit are completed within 180 
days. 
(c) OPERATIONS.— 
(1) IN
GENERAL.—Absent extraordinary cir-
cumstances, each designated processing center shall 
commence operations as expeditiously as possible. 
(2) PRODUCTIVITY AND QUALITY CONTROL.— 
The Secretary of State, in coordination with the Sec-
retary, shall monitor the activities of each des-
ignated processing center and establish metrics and 
criteria for evaluating the productivity and quality 
control of each designated processing center. 
SEC. 2205. REGISTRATION AND INTAKE. 
(a) REGISTRATION.—Each designated processing 
center shall receive and register individuals seeking to 
apply for benefits under this subtitle who meet criteria 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00124
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
125 
specified by the Secretary of State, in coordination with 
the Secretary. 
(b) INTAKE.—The designated processing center shall 
assess registered individuals to determine the benefits for 
which they may be eligible, including— 
(1) refugee resettlement pursuant to the Cen-
tral American Refugee Program described in section 
2206; 
(2) the Central American Minors Program de-
scribed in section 2207; and 
(3) the Central American Family Reunification 
Parole Program described in section 2208. 
(c) EXPEDITED
PROCESSING.—The Secretary of 
State shall provide expedited processing of applications 
and requests under this subtitle in emergency situations, 
for humanitarian reasons, or if the Secretary of State oth-
erwise determines that circumstances warrant expedited 
treatment. 
SEC. 2206. CENTRAL AMERICAN REFUGEE PROGRAM. 
(a) PROCESSING AT DESIGNATED PROCESSING CEN-
TERS.— 
(1) IN GENERAL.—Any individual who registers 
at a designated processing center, expresses a fear 
of persecution or an intention to apply for refugee 
status, and who is a national of El Salvador, of 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00125
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
126 
Honduras, of Guatemala, or of any other Central 
American country whose nationals the Secretary of 
State has determined are eligible for refugee status 
under this section may apply for refugee resettle-
ment under this section. Upon filing of a completed 
application, the applicant may be referred to a ref-
ugee officer for further processing in accordance 
with this section. 
(2) SUBMISSION OF BIOGRAPHIC AND BIOMET-
RIC DATA.—An applicant described in paragraph (1) 
shall submit biographic and biometric data in ac-
cordance with procedures established by the Sec-
retary of State, in coordination with the Secretary. 
An alternative procedure shall be provided for appli-
cants who are unable to provide all required bio-
graphic and biometric data because of a physical or 
mental impairment. 
(3) BACKGROUND CHECKS.—The Secretary of 
State shall utilize biometric, biographic, and other 
appropriate data to conduct security and law en-
forcement background checks of applicants to deter-
mine whether there is any criminal, national secu-
rity, or other ground that would render the applicant 
ineligible for admission as a refugee under section 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00126
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
127 
207 of the Immigration and Nationality Act (8 
U.S.C. 1157). 
(4) ORIENTATION.—The Secretary of State 
shall provide prospective applicants for refugee re-
settlement with information on applicable require-
ments and legal standards. All orientation materials, 
including application forms and instructions, shall be 
provided in English and Spanish. 
(5) 
INTERNATIONAL
ORGANIZATIONS.—The 
Secretary of State, in consultation with the Sec-
retary, shall enter into agreements with international 
organizations, including the United Nations High 
Commissioner for Refugees, to facilitate the proc-
essing and preparation of case files for applicants 
under this section. 
(b) OPTIONAL REFERRAL TO OTHER COUNTRIES.— 
(1) IN GENERAL.—An applicant for refugee re-
settlement under this section may be referred to an-
other country for the processing of the applicant’s 
refugee claim if another country agrees to promptly 
process the applicant’s refugee claim in accordance 
with the terms and procedures of a bilateral agree-
ment described in paragraph (2). 
(2) BILATERAL AGREEMENTS FOR REFERRAL 
OF REFUGEES.— 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00127
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
128 
(A) IN GENERAL.—The Secretary of State, 
in consultation with the Secretary, may enter 
into bilateral agreements with other countries 
for the referral, processing, and resettlement of 
individuals who register at a designated proc-
essing center and seek to apply for refugee re-
settlement under this section. Such agreements 
shall be limited to countries with the dem-
onstrated capacity to accept and adjudicate ap-
plications for refugee status and other forms of 
international protection, and to resettle refugees 
consistent with obligations under the Conven-
tion Relating to the Status of Refugees, done at 
Geneva July 28, 1951, and made applicable by 
the Protocol Relating to the Status of Refugees, 
done at New York January 31, 1967 (19 UST 
6223). 
(B) INTERNATIONAL
ORGANIZATIONS.— 
The Secretary of State, in consultation with the 
Secretary, may enter into agreements with 
international 
organizations, 
including 
the 
United Nations High Commissioner for Refu-
gees, to facilitate the referral, processing, and 
resettlement of individuals described in sub-
paragraph (A). 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00128
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
129 
(c) EMERGENCY RELOCATION COORDINATION.—The 
Secretary of State, in coordination with the Secretary, 
may enter into bilateral or multilateral agreements with 
other countries in the Western Hemisphere to establish 
safe and secure emergency transit centers for individuals 
who register at a designated processing center, are deemed 
to face an imminent risk of harm, and require temporary 
placement in a safe location pending a final decision on 
an application under this section. Such agreements may 
be developed in consultation with the United Nations High 
Commissioner for Refugees and shall conform to inter-
national humanitarian standards. 
(d) EXPANSION OF REFUGEE CORPS.—Subject to the 
availability of amounts provided in advance in appropria-
tion Acts, the Secretary shall appoint additional refugee 
officers as may be necessary to carry out this section. 
SEC. 2207. CENTRAL AMERICAN MINORS PROGRAM. 
(a) ELIGIBILITY.— 
(1) PETITION.—If an assessment under section 
2205(b) results in a determination that a noncitizen 
is eligible for special immigrant status in accordance 
with this subsection— 
(A) the designated processing center that 
conducted such assessment may accept a peti-
tion for such status filed by the noncitizen, or 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00129
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
130 
on behalf of the noncitizen by a parent or legal 
guardian; and 
(B) subject to subsection (d), and notwith-
standing any other provision of law, the Sec-
retary may provide such noncitizen with status 
as 
a 
special 
immigrant 
under 
section 
101(a)(27) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(27)). 
(2) CRITERIA.—A noncitizen shall be eligible 
under this subsection if he or she— 
(A) is a national of El Salvador, of Hon-
duras, of Guatemala, or of any other Central 
American country whose nationals the Secretary 
has determined are eligible for special immi-
grant status under this section; 
(B) is a child (as defined in section 
101(b)(1) of the Immigration and Nationality 
Act (8 U.S.C. 1101(b)(1))) of an individual who 
is lawfully present in the United States; and 
(C) is otherwise admissible to the United 
States (excluding the grounds of inadmissibility 
specified in section 212(a)(4) of the Immigra-
tion 
and 
Nationality 
Act 
(8 
U.S.C. 
1182(a)(4))). 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00130
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
131 
(b) MINOR CHILDREN.—Any child (as defined in sec-
tion 101(b)(1) of the Immigration and Nationality Act (8 
U.S.C. 1101(b)(1))) of a noncitizen described in sub-
section (a) is entitled to special immigrant status if accom-
panying or following to join such noncitizen. 
(c) EXCLUSION FROM NUMERICAL LIMITATIONS.— 
Noncitizens provided special immigrant status under this 
section shall not be counted against any numerical limita-
tion under the Immigration and Nationality Act (8 U.S.C. 
1101 et seq.). 
(d) APPLICANTS UNDER PRIOR CENTRAL AMERICAN 
MINORS REFUGEE PROGRAM.— 
(1) IN GENERAL.—The Secretary shall deem an 
application filed under the Central American Minors 
Refugee Program, established on December 1, 2014, 
and terminated on August 16, 2017, which was not 
the subject of a final disposition before January 31, 
2018, to be a petition filed under this section. 
(2) FINAL
DETERMINATION.—Absent excep-
tional circumstances, the Secretary shall make a 
final determination on applications described in 
paragraph (1) not later than 180 days after the date 
of the enactment of this Act. 
(3) NOTICE.—The Secretary shall— 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00131
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
132 
(A) promptly notify all relevant parties of 
the conversion of an application described in 
paragraph (1) into a special immigrant petition; 
and 
(B) provide instructions for withdrawal of 
the petition if the noncitizen does not want to 
proceed with the requested relief. 
(e) BIOMETRICS AND BACKGROUND CHECKS.— 
(1) SUBMISSION
OF
BIOMETRIC
AND
BIO-
GRAPHIC DATA.—Petitioners for special immigrant 
status under this section shall submit biometric and 
biographic data in accordance with procedures estab-
lished by the Secretary. An alternative procedure 
shall be provided for applicants who are unable to 
provide all required biometric data because of a 
physical or mental impairment. 
(2) BACKGROUND
CHECKS.—The Secretary 
shall utilize biometric, biographic, and other appro-
priate data to conduct security and law enforcement 
background checks of petitioners to determine 
whether there is any criminal, national security, or 
other ground that would render the applicant ineli-
gible for special immigrant status under this section. 
(3) COMPLETION OF BACKGROUND CHECKS.— 
The security and law enforcement background 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00132
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
133 
checks required under paragraph (2) shall be com-
pleted, to the satisfaction of the Secretary, before 
the date on which a petition for special immigrant 
status under this section may be approved. 
SEC. 2208. CENTRAL AMERICAN FAMILY REUNIFICATION 
PAROLE PROGRAM. 
(a) ELIGIBILITY.— 
(1) APPLICATION.—If an assessment under sec-
tion 2205(b) results in a determination that a non-
citizen is eligible for parole in accordance with this 
section— 
(A) the designated processing center may 
accept a completed application for parole filed 
by the noncitizen, or on behalf of the noncitizen 
by a parent or legal guardian; and 
(B) the Secretary may grant parole under 
section 212(d)(5) of the Immigration and Na-
tionality Act (8 U.S.C. 1182(d)(5)) to such 
noncitizen. 
(2) CRITERIA.—A noncitizen shall be eligible 
for parole under this section if he or she— 
(A) is a national of El Salvador, of Guate-
mala, of Honduras, or of any other Central 
American country whose nationals the Secretary 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00133
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
134 
has determined are eligible for parole under this 
section; 
(B) is the beneficiary of an approved immi-
grant visa petition under section 203(a) of the 
Immigration and Nationality Act (8 U.S.C. 
1153(a)); and 
(C) an immigrant visa is not immediately 
available for the noncitizen, but is expected to 
be available within a period designated by the 
Secretary. 
(b) BIOMETRICS AND BACKGROUND CHECKS.— 
(1) SUBMISSION
OF
BIOMETRIC
AND
BIO-
GRAPHIC DATA.—Applicants for parole under this 
section shall be required to submit biometric and 
biographic data in accordance with procedures estab-
lished by the Secretary. An alternative procedure 
shall be provided for applicants who are unable to 
provide all required biometric data because of a 
physical or mental impairment. 
(2) BACKGROUND
CHECKS.—The Secretary 
shall utilize biometric, biographic, and other appro-
priate data to conduct security and law enforcement 
background checks of applicants to determine wheth-
er there is any criminal, national security, or other 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00134
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
135 
ground that would render the applicant ineligible for 
parole under this section. 
(3) COMPLETION OF BACKGROUND CHECKS.— 
The security and law enforcement background 
checks required under paragraph (2) shall be com-
pleted to the satisfaction of the Secretary before the 
date on which an application for parole may be ap-
proved. 
SEC. 2209. INFORMATIONAL CAMPAIGN; CASE STATUS HOT-
LINE. 
(a) INFORMATIONAL
CAMPAIGN.—The Secretary 
shall implement an informational campaign, in English 
and Spanish, in the United States, El Salvador, Guate-
mala, Honduras, and other appropriate Central American 
countries to increase awareness of the programs author-
ized under this subtitle. 
(b) CASE STATUS HOTLINE.—The Secretary shall es-
tablish a case status hotline to provide confidential proc-
essing information on pending cases. 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00135
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
136 
Subtitle C—Managing the Border 
and Protecting Border Commu-
nities 
SEC. 2301. EXPEDITING LEGITIMATE TRADE AND TRAVEL 
AT PORTS OF ENTRY. 
(a) TECHNOLOGY DEPLOYMENT PLAN.—The Sec-
retary is authorized to develop and implement a plan to 
deploy technology— 
(1) to expedite the screening of legitimate trade 
and travel; and 
(2) to enhance the ability to identify narcotics 
and other contraband, at every land, air, and sea 
port of entry. 
(b) ELEMENTS.—The technology deployment plan 
developed pursuant to subsection (a) shall include— 
(1) the specific steps that will be taken to in-
crease the rate of high-throughput scanning of com-
mercial and passenger vehicles and freight rail traf-
fic entering the United States at land ports of entry 
and rail-border crossings along the border using 
large-scale, nonintrusive inspection systems or simi-
lar technology before primary inspections booths to 
enhance border security; 
(2) a comprehensive description of the tech-
nologies and improvements needed to facilitate legal 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00136
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
137 
travel and trade, reduce wait times, and better iden-
tify contraband at land and rail ports of entry, in-
cluding— 
(A) the specific steps the Secretary will 
take to ensure, to the greatest extent prac-
ticable, that high-throughput scanning tech-
nologies are deployed within 5 years at all land 
border ports of entry to ensure that all commer-
cial and passenger vehicles and freight rail traf-
fic entering the United States at land ports of 
entry and rail-border crossings along the border 
undergo pre-primary scanning; and 
(B) the specific steps the Secretary will 
take to increase the amount of cargo that is 
subject to nonintrusive inspections systems at 
all ports of entry; 
(3) a comprehensive description of the tech-
nologies and improvements needed to enhance trav-
eler experience, reduce inspection and wait times, 
and better identify potential criminals and terrorists 
at airports of entry; 
(4) a comprehensive description of the tech-
nologies and improvements needed— 
(A) to enhance the security of maritime 
trade; 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00137
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
138 
(B) to increase the percent of shipping 
containers that are scanned; and 
(C) to enhance the speed and quality of in-
spections without adversely impacting trade 
flows; 
(5) any projected impacts identified by the 
Commissioner of U.S. Customs and Border Protec-
tion regarding— 
(A) the number of commercial and pas-
senger vehicles and freight rail traffic entering 
at land ports of entry and rail-border crossings; 
(B) where such systems are in use; and 
(C) the average wait times at peak and 
non-peak travel times, by lane type (if applica-
ble), as scanning rates are increased; 
(6) any projected impacts, as identified by the 
Commissioner of U.S. Customs and Border Protec-
tion, regarding border security operations at ports of 
entry as a result of implementation actions, includ-
ing any required changes to the number of U.S. 
Customs and Border Protection officers or their du-
ties and assignments; 
(7) any projected impact on— 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00138
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
139 
(A) the ability of regular border crossers 
and border community residents to cross the 
border efficiently; and 
(B) the privacy and civil liberties of border 
community residents (as identified by medical 
professionals), border community stakeholders 
(including elected officials, educators, and busi-
ness leaders), and civil rights experts; 
(8) detailed performance measures and bench-
marks that can be used to evaluate how effective 
these technologies are in helping to expedite legal 
trade and travel while enhancing security at ports of 
entry; and 
(9) the estimated costs and an acquisition plan 
for implementing the steps identified in the plan, in-
cluding— 
(A) achieving pre-primary, high-through-
put scanning at all feasible land and rail ports 
of entry within the timeframes specified in 
paragraph (1); 
(B) reducing passenger and pedestrian 
wait times; 
(C) the acquisition, operations, and main-
tenance costs for large-scale, nonintrusive in-
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00139
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
140 
spection systems and other technologies identi-
fied in the plan; and 
(D) associated costs for any necessary in-
frastructure enhancements or configuration 
changes at each port of entry. 
(c) SMALL BUSINESS OPPORTUNITIES.—The acquisi-
tion plan required under subsection (b)(9) shall promote, 
to the extent practicable, opportunities for entities that 
qualify as small business concerns (as defined under sec-
tion 3(a) of the Small Business Act (15 U.S.C. 632(a))). 
(d) MODERNIZATION OF PORT OF ENTRY INFRA-
STRUCTURE.—The Secretary is authorized to develop and 
implement a plan that— 
(1) identifies infrastructure improvements at 
ports of entry that would— 
(A) enhance the ability to process asylum 
seekers; 
(B) facilitate daily pedestrian and vehic-
ular trade and traffic; and 
(C) detect, interdict, disrupt, and prevent 
fentanyl, other synthetic opioids, and other nar-
cotics and psychoactive substances and associ-
ated contraband from entering the United 
States; 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00140
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
141 
(2) describes circumstances in which effective 
technology in use at certain ports of entry cannot be 
implemented at other ports of entry, including— 
(A) infrastructure constraints that would 
impact the ability to deploy detection equipment 
to improve the ability of such officers to iden-
tify such drugs and other dangers that are 
being illegally transported into the United 
States; and 
(B) mitigation measures that could be im-
plemented at these ports of entry; and 
(3) includes other improvements to infrastruc-
ture and safety equipment that are needed to protect 
officers from inclement weather, surveillance by 
smugglers, and accidental exposure to narcotics or 
other dangers associated with the inspection of po-
tential drug traffickers. 
(e) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such funds as may be 
necessary to implement the plans required under this sec-
tion. 
SEC. 2302. DEPLOYING SMART TECHNOLOGY AT THE 
SOUTHERN BORDER. 
(a) IN GENERAL.—The Secretary is authorized to de-
velop and implement a strategy to manage and secure the 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00141
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
142 
southern border of the United States by deploying smart 
technology— 
(1) to enhance situational awareness along the 
border; and 
(2) to counter transnational criminal networks. 
(b) CONTENTS.—The smart technology strategy de-
scribed in subsection (a) shall include— 
(1) a comprehensive assessment of the physical 
barriers, levees, technologies, tools, and other devices 
that are currently in use along the southern border 
of the United States; 
(2) the deployment of technology between ports 
of entry that focuses on flexible solutions that can 
expand the ability to detect illicit activity, evaluate 
the effectiveness of border security operations, and 
be easily relocated, broken out by U.S. Border Pa-
trol sector; 
(3) the specific steps that may be taken in each 
U.S. Border Patrol sector during the next 5 years 
to identify technology systems and tools that can 
help provide situational awareness of the southern 
border; 
(4) an explanation for why each technology, 
tool, or other device was recommended to achieve 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00142
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
143 
and maintain situational awareness of the southern 
border, including— 
(A) the methodology used to determine 
which type of technology, tool, or other device 
was recommended; 
(B) a specific description of how each tech-
nology will contribute to the goal of evaluating 
the performance and identifying the effective-
ness rate of U.S. Border Patrol agents and op-
erations; and 
(C) a privacy evaluation of each tech-
nology, tool, or other device that examines their 
potential impact on border communities; 
(5) cost-effectiveness calculations for each tech-
nology, tool, or other device that will be deployed, in-
cluding an analysis of the cost per mile of border 
surveillance; 
(6) a cost justification for each instance a more 
expensive technology, tool, or other device is rec-
ommended over a less expensive option in a given 
U.S. Border Patrol sector; and 
(7) performance measures that can be used to 
evaluate the effectiveness of each technology de-
ployed and of U.S. Border Patrol operations in each 
sector. 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00143
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
144 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to implement this section. 
SEC. 2303. INDEPENDENT OVERSIGHT ON PRIVACY RIGHTS. 
The Office of the Inspector General for the Depart-
ment of Homeland Security shall conduct oversight to en-
sure that— 
(1) the technology used by U.S. Customs and 
Border Protection is— 
(A) effective in serving a legitimate agency 
purpose; 
(B) the least intrusive means of serving 
such purpose; and 
(C) cost effective; 
(2) guidelines are developed for using such 
technology to ensure appropriate limits on data col-
lection, processing, sharing, and retention; and 
(3) the Department of Homeland Security has 
consulted with stakeholders, including affected bor-
der communities, in the development of any plans to 
expand technology. 
SEC. 2304. TRAINING AND CONTINUING EDUCATION. 
(a) MANDATORY TRAINING AND CONTINUING EDU-
CATION TO PROMOTE AGENT AND OFFICER SAFETY AND 
PROFESSIONALISM.—The Secretary is authorized to es-
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00144
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
145 
tablish policies and guidelines to ensure that every agent 
and officer of U.S. Customs and Border Protection and 
U.S. Immigration and Customs Enforcement receives 
training upon onboarding regarding accountability, stand-
ards for professional and ethical conduct, and oversight. 
(b) CURRICULUM.—The training required under sub-
section (a) shall include— 
(1) best practices in community policing, cul-
tural awareness, and carrying out enforcement ac-
tions near sensitive locations, responding to griev-
ances, and how to refer complaints to the Immigra-
tion Detention Ombudsman; 
(2) interaction with vulnerable populations; and 
(3) standards of professional and ethical con-
duct. 
(c) CONTINUING EDUCATION.— 
(1) IN GENERAL.—The Secretary shall require 
all agents and officers of U.S. Customs and Border 
Protection and U.S. Immigration and Customs En-
forcement who are required to undergo training 
under subsection (a) to participate in continuing 
education. 
(2) CONSTITUTIONAL
AUTHORITY
SUBJECT 
MATTER.—Continuing education required under 
paragraph (1) shall include training regarding— 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00145
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
146 
(A) the protection of the civil, constitu-
tional, human, and privacy rights of individuals; 
and 
(B) use of force policies applicable to 
agents and officers. 
(3) ADMINISTRATION.—Courses offered as part 
of continuing education under this subsection shall 
be administered in coordination with the Federal 
Law Enforcement Training Centers. 
(d) MEDICAL TRAINING FOR U.S. BORDER PATROL 
AGENTS.— 
(1) IN GENERAL.—Section 411 of the Home-
land Security Act of 2002 (6 U.S.C. 211) is amend-
ed— 
(A) in subsection (l)— 
(i) by striking ‘‘The Commissioner’’ 
and inserting the following: 
‘‘(1) CONTINUING EDUCATION.—The Commis-
sioner’’; and 
(ii) by adding at the end the fol-
lowing: 
‘‘(2) MEDICAL TRAINING FOR U.S. BORDER PA-
TROL AGENTS.— 
‘‘(A) IN GENERAL.— 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00146
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
147 
‘‘(i) AVAILABILITY.—Beginning not 
later than 6 months after the date of the 
enactment of the U.S. Citizenship Act, the 
Commissioner shall make available, in each 
U.S. Border Patrol sector, at no cost to 
U.S. Border Patrol agents selected for 
such training, emergency medical techni-
cian (referred to in this paragraph as 
‘EMT’) and paramedic training, including 
pediatric medical training, which shall uti-
lize nationally recognized pediatric training 
curricula that includes emergency pediatric 
care. 
‘‘(ii) USE OF OFFICIAL DUTY TIME.— 
A U.S. Border Patrol agent shall be cred-
ited with work time for any EMT or para-
medic training provided to such agent 
under clause (i) in order to achieve or 
maintain an EMT or paramedic certifi-
cation. 
‘‘(iii) OBLIGATED OVERTIME.—A U.S. 
Border Patrol agent shall not accrue any 
debt of obligated overtime hours that the 
agent may have incurred, pursuant to sec-
tion 5550(b) of title 5, United States 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00147
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
148 
Code, in order to achieve or maintain a 
paramedic certification. 
‘‘(iv) LODGING
AND
PER
DIEM.— 
Lodging and per diem shall be made avail-
able to U.S. Border Patrol agents attend-
ing training described in clause (i) if such 
training is not available at a location with-
in commuting distance of the agent’s resi-
dence or worksite. 
‘‘(v) 
SERVICE
COMMITMENT.—Any 
U.S. Border Patrol agent who completes a 
certification preparation program pursuant 
to clause (i) shall— 
‘‘(I) complete 1 year of service as 
a U.S. Border Patrol agent following 
the completion of EMT training; 
‘‘(II) complete 3 years of service 
as a U.S. Border Patrol agent fol-
lowing the completion of paramedic 
training; or 
‘‘(III) reimburse U.S. Customs 
and Border Protection in an amount 
equal to the product of— 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00148
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
149 
‘‘(aa) the cost of providing 
such training to such agent; mul-
tiplied by 
‘‘(bb) the percentage of the 
service required under subclauses 
(I) and (II) that the agent failed 
to complete. 
‘‘(B) INCREASE IN RATE OF PAY FOR BOR-
DER PATROL MEDICAL CERTIFICATION.— 
‘‘(i) EMT CERTIFICATION.—A U.S. 
Border Patrol agent who has completed 
EMT training pursuant to subparagraph 
(A)(i) and has a current, State-issued or 
State-recognized certification as an EMT 
shall receive, in addition to the pay to 
which the agent is otherwise entitled under 
this section, an amount equal to 5 percent 
of such pay. 
‘‘(ii) PARAMEDIC CERTIFICATION.—A 
U.S. Border Patrol agent who has com-
pleted paramedic training pursuant to sub-
paragraph (A)(i) and has a current, State- 
issued or State-recognized certification as 
a paramedic shall receive, in addition to 
the pay to which the agent is otherwise en-
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00149
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
150 
titled under this section (except for sub-
paragraph (A)), an amount equal to 10 
percent of such pay. 
‘‘(iii) EXISTING CERTIFICATIONS.—A 
U.S. Border Patrol agent who did not par-
ticipate in the training made available pur-
suant to subparagraph (A)(i), but, as of 
the date of the enactment of the U.S. Citi-
zenship Act, has a current State-issued or 
State-recognized EMT or paramedic cer-
tification, shall receive, in addition to the 
pay to which the agent is otherwise enti-
tled under this section (excluding the ap-
plication of clause (i) and (ii)), an amount 
equal to— 
‘‘(I) 5 percent of such pay for an 
EMT certification; and 
‘‘(II) 10 percent of such pay for 
a paramedic certification. 
‘‘(C) 
AVAILABILITY
OF
MEDICALLY 
TRAINED BORDER PATROL AGENTS.—Not later 
than 6 months after the date of the enactment 
of the U.S. Citizenship Act, the Commissioner 
of U.S. Customs and Border Protection shall— 
‘‘(i) ensure that— 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00150
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
151 
‘‘(I) U.S. Border Patrol agents 
with current EMT or paramedic cer-
tifications are stationed at each U.S. 
Border Patrol sector and remote sta-
tion along the southern border to the 
greatest extent possible; 
‘‘(II) not fewer than 10 percent 
of all U.S. Border Patrol agents as-
signed to each U.S. Border Patrol 
sector have EMT certifications; and 
‘‘(III) not fewer than 1 percent 
of all U.S. Border Patrol agents as-
signed to each U.S. Border Patrol 
sector have paramedic certifications; 
and 
‘‘(ii) in determining the assigned posts 
of U.S. Border Patrol agents who have re-
ceived training under subparagraph (A)(i), 
give priority to remote stations and for-
ward operating bases. 
‘‘(D) MEDICAL SUPPLIES.— 
‘‘(i) MINIMUM
LIST.—The Commis-
sioner of U.S. Customs and Border Protec-
tion shall provide minimum medical sup-
plies to each U.S. Border Patrol agent 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00151
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
152 
with an EMT or paramedic certification 
and to each U.S. Border Patrol sector, in-
cluding all remote stations and forward op-
erating bases, for use while on patrol, in-
cluding— 
‘‘(I) supplies designed for chil-
dren; 
‘‘(II) first aid kits; and 
‘‘(III) oral hydration, such as 
water. 
‘‘(ii) CONSULTATION.—In developing 
the minimum list of medical supplies re-
quired under clause (i), the Commissioner 
shall consult national organizations with 
expertise in emergency medical care, in-
cluding emergency medical care of chil-
dren. 
‘‘(E) MOTOR
VEHICLES.—The Commis-
sioner of U.S. Customs and Border Protection 
shall make available appropriate motor vehicles 
to U.S. Border Patrol agents with current EMT 
or paramedic certifications to enable them to 
provide necessary emergency medical assistance. 
‘‘(F) GAO REPORT.—Not later than 3 
years after the date of the enactment of the 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00152
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
153 
U.S. Citizenship Act, the Comptroller General 
of the United States shall— 
‘‘(i) review the progress of the U.S. 
Customs and Border Protection’s pro-
motion in reaching the goal of up to 10 
percent of all U.S. Border Patrol agents 
having EMT or paramedic certifications; 
and 
‘‘(ii) provide a recommendation to 
Congress as to whether— 
‘‘(I) the Commissioner of U.S. 
Customs and Border Protection has 
effectively and vigorously undertaken 
an agency-wide effort to encourage 
and promote the mandate for medical 
training 
for 
U.S. 
Border 
Patrol 
agents under this paragraph; 
‘‘(II) additional incentive modi-
fications are needed to achieve or 
maintain the goal, including pay dif-
ferentials; and 
‘‘(III) the 10 percent goal is 
properly scoped to materially con-
tribute to the preservation of life and 
the effectiveness and efficiency of U.S. 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00153
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
154 
Border Patrol operations, including 
whether the number is too high or too 
low.’’; and 
(B) in subsection (r), by striking ‘‘section, 
the terms’’ and inserting the following: ‘‘sec-
tion— 
‘‘(1) the term ‘child’ means any individual who 
has not reached 18 years of age; and 
‘‘(2) the terms’’. 
(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated such sums 
as may be necessary to carry out section 411(l)(2) 
of the Homeland Security Act of 2002, as added by 
paragraph (1). 
(e) IDENTIFYING AND TREATING INDIVIDUALS EX-
PERIENCING MEDICAL DISTRESS.— 
(1) ONLINE TRAINING.— 
(A) IN GENERAL.—Beginning on the date 
that is 90 days after the date of the enactment 
of this Act, the Commissioner of U.S. Customs 
and Border Protection shall require all U.S. 
Border Patrol agents, including agents with 
EMT or paramedic certification, to complete an 
online training program that meets nationally 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00154
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
155 
recognized standards for the medical care of 
children to enable U.S. Border Patrol agents— 
(i) to identify common signs of med-
ical distress in children; and 
(ii) to ensure the timely transport of 
sick or injured children to an appropriate 
medical provider. 
(B) CONTRACT.—In developing or selecting 
an online training program under subparagraph 
(A), the Commissioner may enter into a con-
tract with a national professional medical asso-
ciation of pediatric medical providers. 
(2) VOICE
ACCESS
TO
MEDICAL
PROFES-
SIONALS.— 
(A) IN GENERAL.—The Commissioner of 
U.S. Customs and Border Protection shall en-
sure that all remote U.S. Border Patrol sta-
tions, forward operating bases, and remote 
ports of entry along the southern border of the 
United States have 24-hour voice access to a 
medical command physician whose board certifi-
cation includes the ability to perform this role 
or a mid-level health care provider with pedi-
atric training for consultations regarding the 
medical needs of individuals, including children, 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00155
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
156 
taken into custody near the United States bor-
der. 
(B) ACCEPTABLE MEANS OF ACCESS.—Ac-
cess under subparagraph (A) may be accom-
plished through mobile phones, satellite mobile 
radios, or other means prescribed by the Com-
missioner. 
(f) COMMERCIAL DRIVER PROGRAM.— 
(1) ESTABLISHMENT.—The Commissioner of 
U.S. Customs and Border Protection shall establish 
a program to expedite detainee transport to border 
patrol processing facilities by ensuring, beginning 
not later than 1 year after the date of the enactment 
of this Act, that— 
(A) not fewer than 300 U.S. Border Patrol 
agents assigned to remote U.S. Border Patrol 
stations have a commercial driver’s license with 
a passenger endorsement for detainee transport; 
(B) in each of the El Paso, Laredo, Rio 
Grande Valley, San Diego, Yuma, and Tucson 
U.S. Border Patrol Sectors— 
(i) not fewer than 5 U.S. Border Pa-
trol agents with a commercial driver’s li-
cense are available during every shift; and 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00156
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
157 
(ii) not fewer than 3 buses are as-
signed to the sector; and 
(C) in each of the Big Bend, Del Rio, and 
El Centro U.S. Border Patrol Sectors— 
(i) not fewer than 2 U.S. Border Pa-
trol agents with a commercial driver’s li-
cense are available during every shift; and 
(ii) not fewer than 1 bus is assigned 
to the sector. 
(2) RELOCATION.—Buses assigned to specific 
U.S. Border Patrol sectors pursuant to paragraph 
(1) may be relocated to other sectors in response to 
changing patterns. 
(3) REDUCING WAIT TIMES AT REMOTE U.S. 
BORDER PATROL STATIONS.—The Commissioner of 
U.S. Customs and Border Protection shall ensure 
that sufficient buses are available in each U.S. Bor-
der Patrol sector to avoid subjecting detainees to 
long wait times at remote border patrol stations. 
(4) USE
OF
OFFICIAL
DUTY
TIME.—A U.S. 
Border Patrol agent shall be credited with work time 
for the process of obtaining and maintaining a com-
mercial driver’s license under paragraph (1). 
(5) REPORTS
TO
CONGRESS.—The Secretary 
shall submit quarterly reports regarding the average 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00157
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
158 
length of detainees’ stay at U.S. Border Patrol sta-
tions to— 
(A) the Committee on Homeland Security 
and Governmental Affairs of the Senate; and 
(B) the Committee on Homeland Security 
of the House of Representatives. 
SEC. 2305. GAO STUDY OF WAIVER OF ENVIRONMENTAL 
AND OTHER LAWS. 
The Comptroller General of the United States shall 
study the impact of the authority of the Secretary, under 
section 102(c) of the Illegal Immigration Reform and Im-
migrant Responsibility Act of 1996 (division C of Public 
Law 104–208; 8 U.S.C. 1103 note), to waive otherwise 
applicable legal requirements to expedite the construction 
of barriers and roads near United States borders, includ-
ing the impact of such waiver on the environment, Indian 
lands, and border communities. 
SEC. 2306. ESTABLISHMENT OF BORDER COMMUNITY 
STAKEHOLDER ADVISORY COMMITTEE. 
(a) IN GENERAL.—Subtitle B of title IV of the 
Homeland Security Act of 2002 (6 U.S.C. 211 et seq.) 
is amended by inserting after section 415 the following: 
‘‘SEC. 416. BORDER COMMUNITY STAKEHOLDER ADVISORY 
COMMITTEE. 
‘‘(a) DEFINITIONS.—In this section: 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00158
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
159 
‘‘(1) ADVISORY COMMITTEE.—The term ‘Advi-
sory Committee’ means the Border Community 
Stakeholder Advisory committee established pursu-
ant to subsection (b). 
‘‘(2) BORDER
COMMUNITY
STAKEHOLDER.— 
The term ‘border community stakeholder’ means an 
individual who has ownership interests or resides 
near an international land border of the United 
States, including— 
‘‘(A) an individual who owns land within 
10 miles of an international land border of the 
United States; 
‘‘(B) a business leader of a company oper-
ating within 100 miles of a land border of the 
United States; 
‘‘(C) a local official from a community on 
a land border of the United States; 
‘‘(D) a representative of an Indian Tribe 
possessing Tribal lands on a land border of the 
United States; and 
‘‘(E) a representative of a human rights or 
civil rights organization operating near a land 
border of the United States. 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00159
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
160 
‘‘(b) ESTABLISHMENT.—The Secretary shall estab-
lish, within the Department, the Border Community 
Stakeholder Advisory Committee. 
‘‘(c) DUTIES.— 
‘‘(1) IN GENERAL.—The Secretary shall consult 
with the Advisory Committee, as appropriate, re-
garding border security and immigration enforce-
ment matters, including on the development, refine-
ment, and implementation of policies, protocols, pro-
grams, and rulemaking pertaining to border security 
and immigration enforcement that may impact bor-
der communities. 
‘‘(2) RECOMMENDATIONS.—The Advisory Com-
mittee shall develop, at the request of the Secretary, 
recommendations regarding policies, protocols, pro-
grams, and rulemaking pertaining to border security 
and immigration enforcement that may impact bor-
der communities. 
‘‘(d) MEMBERSHIP.— 
‘‘(1) APPOINTMENT.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
appoint the members of the Advisory Com-
mittee. 
‘‘(B) COMPOSITION.—The Advisory Com-
mittee shall be composed of— 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00160
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
161 
‘‘(i) 1 border community stakeholder 
from each of the 9 U.S. Border Patrol sec-
tors; and 
‘‘(ii) 3 individuals with significant ex-
pertise and experience in immigration law, 
civil rights, and civil liberties, particularly 
relating to the interests of residents of bor-
der communities. 
‘‘(2) TERM OF OFFICE.— 
‘‘(A) TERMS.—The term of each member 
of the Advisory Committee shall be 2 years. 
The Secretary may reappoint members for addi-
tional terms. 
‘‘(B) REMOVAL.—The Secretary may re-
view the participation of a member of the Advi-
sory Committee and remove such member for 
cause at any time. 
‘‘(3) PROHIBITION
ON
COMPENSATION.—The 
members of the Advisory Committee may not receive 
pay, allowances, or benefits from the Federal Gov-
ernment by reason of their service on the Advisory 
Committee. 
‘‘(4) MEETINGS.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
require the Advisory Committee to meet at least 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00161
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
162 
semiannually and may convene additional meet-
ings as necessary. 
‘‘(B) PUBLIC
MEETINGS.—At least 1 of 
the meetings described in subparagraph (A) 
shall be open to the public. 
‘‘(C) ATTENDANCE.—The Advisory Com-
mittee shall maintain a record of the persons 
present at each meeting. 
‘‘(5) MEMBER ACCESS TO SENSITIVE SECURITY 
INFORMATION.— 
‘‘(A) ACCESS.—If the Secretary determines 
that there is no cause to restrict a member of 
the Advisory Committee from possessing sen-
sitive security information, the member may be 
granted access to such information that is rel-
evant to the member’s advisory duties after vol-
untarily signing a nondisclosure agreement. 
‘‘(B) RESTRICTIONS ON USE.—The mem-
ber shall protect the sensitive security informa-
tion referred to in subparagraph (A) in accord-
ance with part 1520 of title 49, Code of Fed-
eral Regulations. 
‘‘(6) CHAIRPERSON.—A stakeholder representa-
tive on the Advisory Committee who is elected by the 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00162
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
163 
appointed membership of the Advisory Committee 
shall chair the Advisory Committee. 
‘‘(e) NONAPPLICABILITY
OF FACA.—The Federal 
Advisory Committee Act (5 U.S.C. App.) shall not apply 
to the Advisory Committee or any of its subcommittees.’’. 
(b) APPROPRIATIONS.—There are authorized to be 
appropriated such sums as may be necessary to implement 
this section. 
(c) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 
(Public Law 107–296) is amended by inserting after the 
item relating to section 415 the following: 
‘‘Sec. 416. Border Community Stakeholder Advisory Committee.’’. 
SEC. 2307. RESCUE BEACONS. 
Section 411(o) of the Homeland Security Act of 2002 
(6 U.S.C. 211(o)) is amended by adding at the end the 
following: 
‘‘(3) RESCUE BEACONS.—Beginning on October 
1, 2023, in carrying out subsection (c)(8), the Com-
missioner shall purchase, deploy, and maintain addi-
tional self-powering, 9–1–1 cellular relay rescue bea-
cons along the southern border of the United States 
at appropriate locations, as determined by the Com-
missioner, to effectively mitigate migrant deaths.’’. 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00163
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
164 
SEC. 2308. USE OF FORCE. 
(a) DEPARTMENT OF HOMELAND SECURITY POLI-
CIES.— 
(1) ISSUANCE.—The Secretary, in coordination 
with the Assistant Attorney General for the Civil 
Rights, shall issue policies governing the use of force 
by all Department of Homeland Security personnel. 
(2) CONSULTATION REQUIREMENT.—In devel-
oping policies pursuant to paragraph (1), the Sec-
retary shall consult with law enforcement and civil 
rights organizations to ensure that such policies— 
(A) focus law enforcement efforts and tac-
tics on protecting public safety and national se-
curity that are consistent with our Nation’s val-
ues; and 
(B) leverage best practices and technology 
to provide such protection. 
(b) PUBLIC REPORTING.—Not later than 24 hours 
after any use-of-force incident that results in serious in-
jury to, or the death of, an officer, agent, or member of 
the public, the Secretary shall— 
(1) make the facts of such incident public; and 
(2) comply fully with the requirements set forth 
in section 3 of the Death in Custody Reporting Act 
of 2013 (42 U.S.C. 13727a). 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00164
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
165 
SEC. 2309. OFFICE OF PROFESSIONAL RESPONSIBILITY. 
(a) IN GENERAL.—The Commissioner of U.S. Cus-
toms and Border Protection shall hire, train, and assign 
sufficient Office of Professional Responsibility special 
agents to ensure that there is 1 such special agent for 
every 30 officers to investigate criminal and administrative 
matters and misconduct by officers and other employees 
of U.S. Customs and Border Protection. 
(b) CONTRACTS.—The Commissioner is authorized to 
enter into such contracts as may be necessary to carry 
out this section. 
Subtitle D—Improving Border In-
frastructure for Families and 
Children; Cracking Down on 
Criminal Organizations 
SEC. 2401. HUMANITARIAN AND MEDICAL STANDARDS FOR 
INDIVIDUALS IN U.S. CUSTOMS AND BORDER 
PROTECTION CUSTODY. 
(a) IN GENERAL.—The Secretary, in coordination 
with the Secretary of Health and Human Services, and 
in consultation with nongovernmental experts in the deliv-
ery of humanitarian response and health care, shall de-
velop guidelines and protocols for basic minimum stand-
ards of care for individuals in the custody of U.S. Customs 
and Border Protection. 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00165
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
166 
(b) ISSUES ADDRESSED.—The guidelines and proto-
cols described in subsection (a) shall ensure that the staff-
ing, physical facilities, furnishings, and supplies are ade-
quate to provide each detainee with appropriate— 
(1) medical care, including initial health 
screenings and medical assessments; 
(2) water, sanitation, and hygiene; 
(3) food and nutrition; 
(4) clothing and shelter; 
(5) quiet, dimly illuminated sleeping quarters if 
he or she is detained overnight; 
(6) information about available services and 
legal rights, in the common language spoken by the 
detainee, and access to a telephone; and 
(7) freedom to practice the detainee’s religion. 
SEC. 2402. CHILD WELFARE AT THE BORDER. 
(a) GUIDELINES.—The Secretary, in consultation 
with appropriate Federal, State, and local government of-
ficials, pediatricians, and child welfare experts and private 
sector agencies, shall develop additional guidelines for the 
treatment of children in the custody of U.S. Customs and 
Border Protection. 
(b) GUIDING PRINCIPLE.—The guiding principle of 
the guidelines developed pursuant to subsection (a) shall 
be ‘‘the best interest of the child’’ and shall include— 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00166
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
167 
(1) appropriate training for all Department of 
Homeland Security personnel and cooperating entity 
personnel who have contact with children relating to 
the care and custody of children; 
(2) ensuring the availability of qualified child 
welfare professionals and licensed medical profes-
sionals, as appropriate; 
(3) a reliable system for identifying and report-
ing allegations of child abuse or neglect; 
(4) prohibiting the removal of a child from a 
parent or legal guardian for the purpose of deterring 
individuals from migrating to the United States or 
promoting compliance with the United States immi-
gration laws; 
(5) reasonable arrangements for unannounced 
visits and inspections by the Office of Inspector Gen-
eral of the Department of Homeland Security, non-
governmental organizations, and State and local 
child welfare agencies; and 
(6) the preservation of all records associated 
with children in the custody of the Department of 
Homeland Security, including records of— 
(A) the identities of the children; 
(B) any known family members of the chil-
dren; and 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00167
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
168 
(C) reported incidents of abuse of the chil-
dren while in custody. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to implement this section. 
SEC. 2403. OFFICE OF INSPECTOR GENERAL OVERSIGHT. 
Not later than 6 months after the date of the enact-
ment of this Act and every 6 months thereafter, the In-
spector General of the Department of Homeland Security, 
in coordination with the Secretary of Health and Human 
Services, shall submit a report to the appropriate congres-
sional committees regarding— 
(1) the status of the implementation of sections 
2401 and 2402; and 
(2) findings made after announced and unan-
nounced inspections to Department of Homeland Se-
curity facilities. 
SEC. 2404. ENHANCED INVESTIGATION AND PROSECUTION 
OF 
HUMAN 
SMUGGLING 
NETWORKS 
AND 
TRAFFICKING ORGANIZATIONS. 
The Attorney General and the Secretary shall expand 
collaboration on the investigation and prosecution of 
human smuggling networks and trafficking organizations 
targeting migrants, asylum seekers, and unaccompanied 
children and operating at the southwestern border of the 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00168
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
169 
United States, including the continuation and expansion 
of anti-trafficking coordination teams. 
SEC. 2405. ENHANCED PENALTIES FOR ORGANIZED SMUG-
GLING SCHEMES. 
(a) IN GENERAL.—Section 274(a)(1)(B) of the Im-
migration and Nationality Act (8 U.S.C. 1324(a)(1)(B)) 
is amended— 
(1) by redesignating clauses (iii) and (iv) as 
clauses (iv) and (v), respectively; 
(2) by inserting after clause (ii) the following: 
‘‘(iii) in the case of a violation of subparagraph 
(A)(i) during and in relation to which the person, 
while acting for profit or other financial gain, know-
ingly directs or participates in a scheme to cause 10 
or more persons (other than a parent, spouse, sib-
ling, son or daughter, grandparent, or grandchild of 
the offender) to enter or to attempt to enter the 
United States at the same time at a place other 
than a designated port of entry or place other than 
designated by the Secretary, be fined under title 18, 
United States Code, imprisoned not more than 15 
years, or both;’’; and 
(3) in clause (iv), as redesignated, by inserting 
‘‘commits or attempts to commit sexual assault of,’’ 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00169
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
170 
after ‘‘section 1365 of title 18, United States Code) 
to,’’. 
(b) BULK CASH SMUGGLING.—Section 5332(b)(1) of 
title 31, United States Code, is amended— 
(1) in the paragraph heading, by striking 
‘‘TERM
OF
IMPRISONMENT.—’’ and inserting ‘‘IN 
GENERAL.—’’; and 
(2) by inserting ‘‘, fined under title 18, or 
both’’ after ‘‘5 years’’. 
SEC. 2406. EXPANDING FINANCIAL SANCTIONS ON NAR-
COTICS TRAFFICKING AND MONEY LAUN-
DERING. 
(a) FINANCIAL SANCTIONS EXPANSION.—The Sec-
retary of the Treasury, the Attorney General, the Sec-
retary of State, the Secretary of Defense, and the Director 
of Central Intelligence shall expand investigations, intel-
ligence collection, and analysis pursuant to the Foreign 
Narcotics Kingpin Designation Act (21 U.S.C. 1901 et 
seq.) to increase the identification and application of sanc-
tions against— 
(1) significant foreign narcotics traffickers and 
their organizations and networks; and 
(2) foreign persons, including government offi-
cials, who provide material, financial, or techno-
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00170
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
171 
logical support to such traffickers, organizations, or 
networks. 
(b) SPECIFIC TARGETS.—The activities described in 
subsection (a) shall specifically target foreign narcotics 
traffickers, their organizations and networks, and the for-
eign persons, including government officials, who provide 
material, financial, or technological support to such traf-
fickers, organizations, and networks that are present and 
operating in Central America. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to carry out subsection (a). 
SEC. 2407. SUPPORT FOR TRANSNATIONAL ANTI-GANG 
TASK FORCES FOR COUNTERING CRIMINAL 
GANGS. 
The Director of the Federal Bureau of Investigation, 
the Director of the Drug Enforcement Administration, 
and the Secretary, in coordination with the Secretary of 
State, shall expand the use of transnational task forces 
that seek to address transnational crime perpetrated by 
gangs in El Salvador, Guatemala, Honduras, and any 
other identified country by— 
(1) expanding transnational criminal investiga-
tions focused on criminal gangs in identified coun-
tries, such as MS–13 and 18th Street; 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00171
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
172 
(2) expanding training and partnership efforts 
with law enforcement entities in identified countries 
to disrupt and dismantle criminal gangs, both inter-
nationally and in their respective countries; 
(3) establishing or expanding gang-related in-
vestigative units; 
(4) collecting and disseminating intelligence to 
support related United States-based investigations; 
and 
(5) expanding programming related to gang 
intervention and prevention for at-risk youth. 
SEC. 2408. HINDERING IMMIGRATION, BORDER, AND CUS-
TOMS CONTROLS. 
(a) PERSONNEL AND STRUCTURES.—Title II of the 
Immigration and Nationality Act (8 U.S.C. 1151 et seq.) 
is amended by inserting after section 274D the following: 
‘‘SEC. 274E. HINDERING IMMIGRATION, BORDER, AND CUS-
TOMS CONTROLS. 
‘‘(a) ILLICIT SPOTTING.— 
‘‘(1) IN
GENERAL.—It shall be unlawful to 
knowingly surveil, track, monitor, or transmit the lo-
cation, movement, or activities of any officer or em-
ployee of a Federal, State, or Tribal law enforce-
ment agency with the intent— 
‘‘(A) to gain financially; and 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00172
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
173 
‘‘(B) to violate— 
‘‘(i) the immigration laws; 
‘‘(ii) the customs and trade laws of 
the United States (as defined in section 
2(4) of the Trade Facilitation and Trade 
Enforcement Act of 2015 (Public Law 
114–125)); 
‘‘(iii) any other Federal law relating 
to transporting controlled substances, agri-
culture, or monetary instruments into the 
United States; or 
‘‘(iv) any Federal law relating to bor-
der controls measures of the United 
States. 
‘‘(2) PENALTY.—Any person who violates para-
graph (1) shall be fined under title 18, United 
States Code, imprisoned for not more than 5 years, 
or both. 
‘‘(b) DESTRUCTION
OF UNITED STATES BORDER 
CONTROLS.— 
‘‘(1) IN
GENERAL.—It shall be unlawful to 
knowingly and without lawful authorization— 
‘‘(A) destroy or significantly damage any 
fence, barrier, sensor, camera, or other physical 
or electronic device deployed by the Federal 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00173
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
174 
Government to control an international border 
of, or a port of entry to, the United States; or 
‘‘(B) otherwise construct, excavate, or 
make any structure intended to defeat, cir-
cumvent or evade such a fence, barrier, sensor 
camera, or other physical or electronic device 
deployed by the Federal Government to control 
an international border of, or a port of entry to, 
the United States. 
‘‘(2) PENALTY.—Any person who violates para-
graph (1) shall be fined under title 18, United 
States Code, imprisoned for not more than 5 years, 
or both.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
of the Immigration and Nationality Act (8 U.S.C. 1101 
et seq.) is amended by inserting after the item relating 
to section 274D the following: 
‘‘Sec. 274E. Hindering immigration, border, and customs controls.’’. 
TITLE III—REFORM OF THE 
IMMIGRANT VISA SYSTEM 
Subtitle A—Promoting Family 
Reunification 
SEC. 3101. RECAPTURE OF IMMIGRANT VISAS LOST TO BU-
REAUCRATIC DELAY. 
(a) WORLDWIDE LEVEL OF FAMILY-SPONSORED IM-
MIGRANTS.—Section 201(c) of the Immigration and Na-
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00174
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
175 
tionality Act (8 U.S.C. 1151(c)) is amended to read as 
follows: 
‘‘(c) WORLDWIDE LEVEL
OF FAMILY-SPONSORED 
IMMIGRANTS.— 
‘‘(1) IN GENERAL.—The worldwide level of fam-
ily-sponsored immigrants under this subsection for a 
fiscal year is equal to the sum of— 
‘‘(A) 480,000; 
‘‘(B) the number computed under para-
graph (2); and 
‘‘(C) the number computed under para-
graph (3). 
‘‘(2) UNUSED VISA NUMBERS FROM PREVIOUS 
FISCAL
YEAR.—The number computed under this 
paragraph for a fiscal year is the difference, if any, 
between— 
‘‘(A) the worldwide level of employment- 
based immigrant visas established for the pre-
vious fiscal year; and 
‘‘(B) the number of visas issued under sec-
tion 203(b) during the previous fiscal year. 
‘‘(3) UNUSED
VISA
NUMBERS
FROM
FISCAL 
YEARS 1992 THROUGH 2022.—The number computed 
under this paragraph is the difference, if any, be-
tween— 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00175
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
176 
‘‘(A) the difference, if any, between— 
‘‘(i) the sum of the worldwide levels of 
family-sponsored immigrant visas estab-
lished for fiscal years 1992 through 2022; 
and 
‘‘(ii) the number of visas issued under 
section 203(a) during such fiscal years; 
and 
‘‘(B) the number of visas resulting from 
the calculation under subparagraph (A) that 
were issued after fiscal year 2022 under section 
203(a).’’. 
(b) WORLDWIDE LEVEL
OF EMPLOYMENT-BASED 
IMMIGRANTS.—Section 201(d) of the Immigration and 
Nationality Act (8 U.S.C. 1151(d)) is amended to read 
as follows: 
‘‘(d) WORLDWIDE LEVEL OF EMPLOYMENT-BASED 
IMMIGRANTS.— 
‘‘(1) IN GENERAL.—The worldwide level of em-
ployment-based immigrants under this subsection for 
a fiscal year is equal to the sum of— 
‘‘(A) 170,000; 
‘‘(B) the number computed under para-
graph (2); and 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00176
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
177 
‘‘(C) the number computed under para-
graph (3). 
‘‘(2) UNUSED VISA NUMBERS FROM PREVIOUS 
FISCAL
YEAR.—The number computed under this 
paragraph for a fiscal year is the difference, if any, 
between— 
‘‘(A) the worldwide level of family-spon-
sored immigrant visas established for the pre-
vious fiscal year; and 
‘‘(B) the number of visas issued under sec-
tion 203(a) during the previous fiscal year. 
‘‘(3) UNUSED
VISA
NUMBERS
FROM
FISCAL 
YEARS 1992 THROUGH 2022.—The number computed 
under this paragraph is the difference, if any, be-
tween— 
‘‘(A) the difference, if any, between— 
‘‘(i) the sum of the worldwide levels of 
employment-based immigrant visas estab-
lished for each of fiscal years 1992 
through 2022; and 
‘‘(ii) the number of visas issued under 
section 203(b) during such fiscal years; 
and 
‘‘(B) the number of visas resulting from 
the calculation under subparagraph (A) that 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00177
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
178 
were issued after fiscal year 2022 under section 
203(b).’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to each fiscal year beginning with 
fiscal year 2024. 
SEC. 3102. RECLASSIFICATION OF SPOUSES AND MINOR 
CHILDREN OF LAWFUL PERMANENT RESI-
DENTS AS IMMEDIATE RELATIVES. 
(a) IN GENERAL.—Section 201(b)(2) of the Immi-
gration and Nationality Act (8 U.S.C. 1151(b)(2)) is 
amended to read as follows: 
‘‘(2) IMMEDIATE RELATIVES.— 
‘‘(A) IN GENERAL.— 
‘‘(i) 
IMMEDIATE
RELATIVE
DE-
FINED.—In this Act, the term ‘immediate 
relative’ includes— 
‘‘(I) a child, spouse, and parent 
of a citizen of the United States, ex-
cept that, in the case of parents, such 
citizen of the United States shall be 
at least 21 years of age; 
‘‘(II) a child or spouse of a law-
ful permanent resident; and 
‘‘(III) for each family member of 
a citizen of the United States or law-
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00178
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
179 
ful permanent resident described in 
subclauses (I) and (II), the family 
member’s spouse or child who is ac-
companying or following to join the 
family member. 
‘‘(ii) PREVIOUSLY
ISSUED
VISA.—A 
noncitizen admitted under section 211(a) 
on the basis of a prior issuance of a visa 
under section 203(a) to his or her imme-
diate relative accompanying parent is an 
immediate relative. 
‘‘(iii) PARENTS
AND
CHILDREN.—A 
noncitizen who was the child or parent of 
a citizen of the United States or a child of 
a lawful permanent resident on the date of 
the death of the United States citizen or 
lawful permanent resident is an immediate 
relative if the noncitizen files a petition 
under section 204(a)(1)(A)(ii) not later 
than 2 years after such date or before at-
taining 21 years of age. 
‘‘(iv) SPOUSES.—A noncitizen who 
was the spouse of a citizen of the United 
States or lawful permanent resident for 
not less than 2 years on the date of death 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00179
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
180 
of the United States citizen or lawful per-
manent resident (or, if married for less 
than 2 years on such date, proves by a pre-
ponderance of the evidence that the mar-
riage was entered into in good faith and 
not solely for the purpose of obtaining an 
immigration benefit and the noncitizen was 
not legally separated from the citizen of 
the United States or lawful permanent 
resident on such date) and each child of 
such noncitizen shall be considered, for 
purposes of this subsection, an immediate 
relative after such date if the spouse files 
a petition under section 204(a)(1)(A)(ii) 
before the date on which the spouse remar-
ries. 
‘‘(v) SPECIAL RULE.—For purposes of 
this subparagraph, a noncitizen who has 
filed a petition under clause (iii) or (iv) of 
section 204(a)(1)(A) remains an immediate 
relative if the United States citizen or law-
ful permanent resident spouse or parent 
loses United States citizenship or lawful 
permanent residence on account of the 
abuse. 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00180
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
181 
‘‘(B) BIRTH
DURING
TEMPORARY
VISIT 
ABROAD.—A noncitizen born to a lawful perma-
nent resident during a temporary visit abroad is 
an immediate relative.’’. 
(b) ALLOCATION
OF IMMIGRANT VISAS.—Section 
203(a) of the Immigration and Nationality Act (8 U.S.C. 
1153(a)) is amended— 
(1) in paragraph (1), by striking ‘‘23,400’’ and 
inserting ‘‘26.5 percent of such worldwide level’’; 
(2) by striking paragraph (2) and inserting the 
following: 
‘‘(2) 
UNMARRIED
SONS
AND
UNMARRIED 
DAUGHTERS OF LAWFUL PERMANENT RESIDENTS.— 
Qualified immigrants who are the unmarried sons or 
unmarried daughters (but are not the children) of 
lawful permanent residents shall be allocated visas in 
a number not to exceed 16.8 percent of such world-
wide level, plus any visas not required for the class 
specified in paragraph (1).’’; 
(3) in paragraph (3), by striking ‘‘23,400’’ and 
inserting ‘‘16.8 percent of such worldwide level’’; 
and 
(4) in paragraph (4), by striking ‘‘65,000’’ and 
inserting ‘‘39.9 percent of such worldwide level’’. 
(c) CONFORMING AMENDMENTS.— 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00181
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
182 
(1) RULES FOR DETERMINING WHETHER CER-
TAIN NONCITIZENS ARE IMMEDIATE RELATIVES.— 
Section 201(f) of the Immigration and Nationality 
Act (8 U.S.C. 1151(f)) is amended— 
(A) in paragraph (1), by striking ‘‘para-
graphs (2) and (3),’’ and inserting ‘‘paragraph 
(2),’’; 
(B) by striking paragraph (2); 
(C) by redesignating paragraphs (3) and 
(4) as paragraphs (2) and (3), respectively; and 
(D) in paragraph (3), as redesignated by 
subparagraph (C), by striking ‘‘through (3)’’ 
and inserting ‘‘and (2)’’. 
(2) ALLOCATION OF IMMIGRATION VISAS.—Sec-
tion 203(h) of the Immigration and Nationality Act 
(8 U.S.C. 1153(h)) is amended— 
(A) in paragraph (1)— 
(i) in the matter preceding subpara-
graph 
(A), 
by 
striking 
‘‘subsections 
(a)(2)(A) and (d)’’ and inserting ‘‘sub-
section (d)’’; 
(ii) in subparagraph (A), by striking 
‘‘becomes available for such noncitizen (or, 
in the case of subsection (d), the date on 
which an immigrant visa number became 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00182
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
183 
available for the noncitizen’s parent),’’ and 
inserting ‘‘became available for the nonciti-
zen’s parent,’’; and 
(iii) in subparagraph (B), by striking 
‘‘applicable’’; 
(B) by amending paragraph (2) to read as 
follows: 
‘‘(2) PETITION DESCRIBED.—The petition de-
scribed in this paragraph is a petition filed under 
section 204 for classification of a noncitizen’s parent 
under subsection (a), (b), or (c).’’; and 
(C) in paragraph (3), by striking ‘‘sub-
sections (a)(2)(A) and (d)’’ and inserting ‘‘sub-
section (d)’’. 
(3) PROCEDURE
FOR
GRANTING
IMMIGRANT 
STATUS.—Section 204 of the Immigration and Na-
tionality Act (8 U.S.C. 1154) is amended— 
(A) in subsection (a)(1)— 
(i) in subparagraph (A)— 
(I) in clause (i), by inserting ‘‘or 
lawful permanent resident’’ after ‘‘cit-
izen of the United States’’; 
(II) in clause (ii), by striking 
‘‘described in the second sentence of 
section 201(b)(2)(A)(i) also’’ and in-
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00183
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
184 
serting ‘‘, noncitizen child, or noncit-
izen 
parent 
described 
in 
section 
201(b)(2)(A)’’; 
(III) in clause (iii)— 
(aa) in subclause (I)(aa), by 
inserting ‘‘or lawful permanent 
resident’’ after ‘‘citizen’’; and 
(bb) in subclause (II)(aa)— 
(AA) in subitems (AA) 
and (BB), by inserting ‘‘or 
lawful permanent resident;’’ 
after ‘‘citizen of the United 
States’’ each place it ap-
pears; and 
(BB) in subitem (CC), 
by inserting ‘‘or lawful per-
manent 
resident’’ 
after 
‘‘United States citizen’’ each 
place it appears and by in-
serting ‘‘or lawful perma-
nent resident’’ after ‘‘citi-
zenship’’; 
(IV) in clause (iv)— 
(aa) by striking ‘‘citizen of 
the United States’’ and inserting 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00184
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
185 
‘‘United States citizen or lawful 
permanent resident parent’’; 
(bb) by inserting ‘‘or lawful 
permanent 
resident’’ 
after 
‘‘United States citizen’’; 
(cc) by inserting ‘‘or lawful 
permanent resident’’ after ‘‘citi-
zenship’’; 
(dd) by striking ‘‘citizen 
parent 
may’’ 
and 
inserting 
‘‘United States citizen or lawful 
permanent resident parent may’’; 
(ee) by striking ‘‘citizen par-
ent.’’ 
and 
inserting 
‘‘United 
States citizen or lawful perma-
nent resident parent.’’; and 
(ff) by striking ‘‘residence 
includes’’ and inserting ‘‘resi-
dence with a parent includes’’; 
(V) in clause (v)(I), by inserting 
‘‘or lawful permanent resident’’ after 
‘‘citizen’’; 
(VI) in clause (vi)— 
(aa) by inserting ‘‘or lawful 
permanent resident status’’ after 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00185
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
186 
‘‘renunciation 
of 
citizenship’’; 
and 
(bb) by inserting ‘‘or lawful 
permanent resident’’ after ‘‘abus-
er’s citizenship’’; and 
(VII) in clause (viii)(I)— 
(aa) by striking ‘‘citizen of 
the United States’’ and inserting 
‘‘United States citizen or lawful 
permanent resident’’; and 
(bb) by inserting ‘‘or lawful 
permanent resident’’ after ‘‘the 
citizen’’; 
(ii) by striking subparagraph (B); 
(iii) in subparagraph (C), by striking 
‘‘subparagraph (A)(iii), (A)(iv), (B)(ii), or 
(B)(iii)’’ and inserting ‘‘clause (iii) or (iv) 
of subparagraph (A)’’; 
(iv) in subparagraph (D)— 
(I) in clause (i)(I), by striking 
‘‘clause (iv) of section 204(a)(1)(A) or 
section 204(a)(1)(B)(iii)’’ each place 
it appears and inserting ‘‘subpara-
graph (A)(iv)’’; 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00186
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
187 
(II) in clause (ii), by striking 
‘‘subparagraph (A)(iii), (A)(iv), (B)(ii) 
or (B)(iii)’’ and inserting ‘‘clause (iii) 
or (iv) of subparagraph (A)’’; 
(III) in clause (iv), by striking 
‘‘subparagraph 
(A)(iii), 
(A)(iv), 
(B)(ii), or (B)(iii)’’ and inserting 
‘‘clause (iii) or (iv) of subparagraph 
(A)’’; and 
(IV) in clause (v), by striking ‘‘or 
(B)(iii)’’; 
(v) in subparagraph (J)— 
(I) by striking ‘‘or clause (ii) or 
(iii) of subparagraph (B)’’; and 
(II) by striking ‘‘subparagraphs 
(C) and (D)’’ and inserting ‘‘subpara-
graphs (B) and (C)’’; and 
(vi) by redesignating subparagraphs 
(C) through (L) as subparagraphs (B) 
through (K), respectively; 
(B) in subsection (a), by striking para-
graph (2); 
(C) in subsection (h)— 
(i) in the first sentence, by striking 
‘‘or a petition filed under subsection 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00187
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
188 
(a)(1)(B)(ii) pursuant to conditions de-
scribed in subsection (a)(1)(A)(iii)(1)’’; 
and 
(ii) in the second sentence— 
(I) 
by 
striking 
‘‘section 
204(a)(1)(B)(ii) or 204(a)(1)(A)(iii)’’ 
and 
inserting 
‘‘subsection 
(a)(1)(A)(iii)’’; and 
(II) 
by 
striking 
‘‘section 
204(a)(1)(A) 
or 
in 
section 
204(a)(1)(B)(iii)’’ and inserting ‘‘sub-
section (a)(1)(A)’’; 
(D) in subsection (i)(1), by striking ‘‘sub-
section (a)(4)(D)’’ and inserting ‘‘subsection 
(a)(1)(D)’’; 
(E) in subsection (j), by striking ‘‘sub-
section (a)(1)(D)’’ and inserting ‘‘subsection 
(a)(1)(E)’’; and 
(F) in subsection l(1)— 
(i) by striking ‘‘who resided in the 
United States at the time of the death of 
the qualifying relative and who continues 
to reside in the United States’’; and 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00188
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
189 
(ii) by striking ‘‘any related applica-
tions,’’ and inserting ‘‘any related applica-
tions (including affidavits of support),’’. 
(4) ADDITIONAL CONFORMING AMENDMENTS.— 
(A) Section 101(a) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)) is amend-
ed— 
(i) in paragraph (50), by striking ‘‘, 
204(a)(1)(B)(ii)(II)(aa)(BB),’’; and 
(ii) in paragraph (51)— 
(I) by striking subparagraph (B); 
and 
(II) by redesignating subpara-
graphs (C) through (G) as subpara-
graphs (B) through (F), respectively. 
(B) Section 212(a)(4)(C)(i) of the Immi-
gration 
and 
Nationality 
Act 
(8 
U.S.C. 
1182(a)(4)(C)(i)) is amended— 
(i) by striking subclause (II); and 
(ii) by redesignating subclause (III) as 
subclause (II). 
(C) Section 240(c)(7)(C)(iv)(I) of the Im-
migration and Nationality Act (8 U.S.C. 
1229a(c)(7)(C)(iv)(I)) is amended by striking ‘‘, 
clause (ii) or (iii) of section 204(a)(1)(B),’’. 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00189
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
190 
SEC. 3103. ADJUSTMENT OF FAMILY-SPONSORED PER- 
COUNTRY LIMITS. 
Section 202(a) of the Immigration and Nationality 
Act (8 U.S.C. 1152(a)) is amended— 
(1) in paragraph (2), by striking ‘‘7 percent (in 
the case of a single foreign state) or 2 percent’’ and 
inserting ‘‘20 percent (in the case of a single foreign 
state) or 5 percent’’; and 
(2) by amending paragraph (4) to read as fol-
lows: 
‘‘(4) LIMITING PASS DOWN FOR CERTAIN COUN-
TRIES SUBJECT TO SUBSECTION (e).—In the case of 
a foreign state or dependent area to which sub-
section (e) applies, if the total number of visas 
issued under section 203(a)(2) exceeds the max-
imum number of visas that may be made available 
to immigrants of the state or area under section 
203(a)(2) consistent with subsection (e) (determined 
without regard to this paragraph), in applying para-
graphs (3) and (4) of section 203(a) under sub-
section (e)(2) all visas shall be deemed to have been 
required for the classes specified in paragraphs (1) 
and (2) of such section.’’. 
SEC. 3104. PROMOTING FAMILY UNITY. 
(a) REPEAL OF 3-YEAR, 10-YEAR, AND PERMANENT 
BARS.—Section 212(a)(9) of the Immigration and Nation-
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00190
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
191 
ality Act (8 U.S.C. 1182(a)(9)) is amended to read as fol-
lows: 
‘‘(9) NONCITIZENS PREVIOUSLY REMOVED.— 
‘‘(A) ARRIVING NONCITIZEN.—Any noncit-
izen who has been ordered removed under sec-
tion 235(b)(1) or at the end of proceedings 
under section 240 initiated upon the nonciti-
zen’s arrival in the United States and who 
again seeks admission within 5 years of the 
date of such removal (or within 20 years in the 
case of a second or subsequent removal or at 
any time in the case of a noncitizen convicted 
of an aggravated felony) is inadmissible. 
‘‘(B) OTHER NONCITIZENS.—Any noncit-
izen not described in subparagraph (A) who 
seeks admission within 10 years of the date of 
such noncitizen’s departure or removal (or with-
in 20 years of such date in the case of a second 
or subsequent removal or at any time in the 
case of a noncitizen convicted of an aggravated 
felony) is inadmissible if the noncitizen— 
‘‘(i) has been ordered removed under 
section 240 or any other provision of law; 
or 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00191
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
192 
‘‘(ii) departed the United States while 
an order of removal was outstanding. 
‘‘(C) 
EXCEPTION.—Subparagraphs 
(A) 
and (B) shall not apply to a noncitizen seeking 
admission within a period if, prior to the date 
of the noncitizen’s reembarkation at a place 
outside the United States or attempt to be ad-
mitted from foreign contiguous territory, the 
Secretary of Homeland Security has consented 
to the noncitizen’s reapplying for admission.’’. 
(b) MISREPRESENTATION
OF
CITIZENSHIP.—The 
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) 
is amended— 
(1) 
in 
section 
212(a)(6)(C) 
(8 
U.S.C. 
1182(a)(6)(C)), by amending clause (ii) to read as 
follows: 
‘‘(ii) MISREPRESENTATION
OF
CITI-
ZENSHIP.— 
‘‘(I) IN GENERAL.—Any noncit-
izen who willfully misrepresents, or 
has willfully misrepresented, himself 
or herself to be a citizen of the United 
States for any purpose or benefit 
under this Act (including section 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00192
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
193 
274A) or any Federal or State law is 
inadmissible. 
‘‘(II) EXCEPTION.—In the case 
of a noncitizen who was under the age 
of 21 years at the time of making a 
misrepresentation described in sub-
clause (I), the noncitizen shall not be 
considered to be inadmissible under 
any provision of this subsection based 
on such misrepresentation.’’; and 
(2) in section 237(a)(3) (8 U.S.C. 1227(a)(3)), 
by amending subparagraph (D) to read as follows: 
‘‘(D) MISREPRESENTATION
OF
CITIZEN-
SHIP.— 
‘‘(i) IN
GENERAL.—Any noncitizen 
who willfully misrepresents, or has willfully 
misrepresented, himself or herself to be a 
citizen of the United States for any pur-
pose or benefit under this Act (including 
section 274A) or any Federal or State law 
is deportable. 
‘‘(ii) EXCEPTION.—In the case of a 
noncitizen who was under the age of 21 
years at the time of making a misrepresen-
tation described in clause (i), the noncit-
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00193
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
194 
izen shall not be considered to be deport-
able under any provision of this subsection 
based on such misrepresentation.’’. 
SEC. 3105. RELIEF FOR ORPHANS, WIDOWS, AND WID-
OWERS. 
(a) PROCESSING OF IMMIGRANT VISAS AND DERIVA-
TIVE PETITIONS.— 
(1) IN GENERAL.—Section 204(b) of the Immi-
gration and Nationality Act (8 U.S.C. 1154(b)) is 
amended— 
(A) by striking ‘‘(b) After an investiga-
tion’’ and inserting the following: 
‘‘(b) APPROVAL OF PETITION.— 
‘‘(1) IN
GENERAL.—After an investigation’’; 
and 
(B) by adding at the end the following: 
‘‘(2) DEATH OF QUALIFYING RELATIVE.— 
‘‘(A) IN GENERAL.—A noncitizen described 
in subparagraph (C) the qualifying relative of 
whom dies before the completion of immigrant 
visa processing may have an immigrant visa ap-
plication adjudicated as if such death had not 
occurred. 
‘‘(B) CONTINUED VALIDITY OF VISA.—An 
immigrant visa issued to a noncitizen before the 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00194
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
195 
death of his or her qualifying relative shall re-
main valid after such death. 
‘‘(C) NONCITIZEN DESCRIBED.—A noncit-
izen described in this subparagraph is a noncit-
izen who, at the time of the death of his or her 
qualifying relative, was— 
‘‘(i) an immediate relative (as de-
scribed in section 201(b)(2)(A)); 
‘‘(ii) a family-sponsored immigrant 
(as described in subsection (a) or (d) of 
section 203); 
‘‘(iii) a derivative beneficiary of an 
employment-based immigrant under section 
203(b) (as described in section 203(d)); or 
‘‘(iv) the spouse or child of a refugee 
(as described in section 207(c)(2)) or an 
asylee 
(as 
described 
in 
section 
208(b)(3)).’’. 
(2) TRANSITION PERIOD.— 
(A) IN GENERAL.—Notwithstanding a de-
nial or revocation of an application for an immi-
grant visa for a noncitizen the qualifying rel-
ative of whom dies before the date of the enact-
ment of this Act, such application may be re-
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00195
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
196 
newed by the noncitizen by a motion to reopen, 
without fee. 
(B) 
INAPPLICABILITY
OF
BARS
TO 
ENTRY.—Notwithstanding section 212(a)(9) of 
the Immigration and Nationality Act (8 U.S.C. 
1182(a)(9)), the application for an immigrant 
visa of a noncitizen the qualifying relative of 
whom died before the date of the enactment of 
this Act shall be considered if the noncitizen 
was excluded, deported, removed, or departed 
voluntarily before the date of the enactment of 
this Act. 
(b) ELIGIBILITY FOR PAROLE.—If a noncitizen de-
scribed in section 204(l) of the Immigration and Nation-
ality Act (8 U.S.C. 1154(l)), was excluded, deported, re-
moved, or departed voluntarily before the date of the en-
actment of this Act— 
(1) such noncitizen shall be eligible for parole 
into the United States pursuant to the Secretary’s 
discretionary authority under section 212(d)(5) of 
such Act (8 U.S.C. 1182(d)(5)); and 
(2) such noncitizen’s application for adjustment 
of status shall be considered notwithstanding section 
212(a)(9) of such Act (8 U.S.C. 1182(a)(9)). 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00196
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
197 
(c) NATURALIZATION.—Section 319(a) of the Immi-
gration and Nationality Act (8 U.S.C. 1430(a)) is amend-
ed by inserting ‘‘(or, if the spouse is deceased, the spouse 
was a citizen of the United States)’’ after ‘‘citizen of the 
United States’’. 
(d) 
FAMILY-SPONSORED
IMMIGRANTS.—Section 
212(a)(4)(C)(i) of the Immigration and Nationality Act 
(8 U.S.C. 1182(a)(4)(C)(i)), as amended by section 3102, 
is further amended— 
(1) in subclause (I), by striking ‘‘, or’’ and in-
serting a semicolon; and 
(2) by adding at the end the following: 
‘‘(III) status as a surviving rel-
ative under section 204(l); or’’. 
SEC. 3106. EXEMPTION FROM IMMIGRANT VISA LIMIT FOR 
CERTAIN VETERANS WHO ARE NATIVES OF 
THE PHILIPPINES. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Filipino Veterans Family Reunification Act’’. 
(b) NONCITIZENS NOT SUBJECT TO DIRECT NUMER-
ICAL LIMITATIONS.—Section 201(b)(1) of the Immigra-
tion and Nationality Act (8 U.S.C. 1151(b)(1)) is amend-
ed by adding at the end the following: 
‘‘(F) Noncitizens who are eligible for an immi-
grant visa under paragraph (1) or (3) of section 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00197
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
198 
203(a) and who have a parent who was naturalized 
pursuant to section 405 of the Immigration Act of 
1990 (8 U.S.C. 1440 note).’’. 
SEC. 3107. FIANCE´ E OR FIANCE´
CHILD STATUS PROTEC-
TION. 
(a) IN GENERAL.—Section 101(a)(15)(K) of the Im-
migration and Nationality Act (8 U.S.C. 1101(a)(15)(K)) 
is amended— 
(1) 
in 
clause 
(ii), 
by 
striking 
‘‘section 
201(b)(2)(A)(i)’’ 
and 
inserting 
‘‘section 
201(b)(2)(A)(i)(I)’’; and 
(2) by amending clause (iii) to read as follows: 
‘‘(iii) is the minor child of a noncit-
izen described in clause (i) or (ii) and is 
accompanying or following to join the non-
citizen, the age of such child to be deter-
mined as of the date on which the petition 
is submitted to the Secretary of Homeland 
Security to classify the noncitizen’s parent 
as the fiance´e or fiance´ of a United States 
citizen (in the case of a noncitizen parent 
described in clause (i)) or as the spouse of 
a United States citizen under section 
201(b)(2)(A)(i)(I) (in the case of a noncit-
izen parent described in clause (ii));’’. 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00198
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
199 
(b) ADJUSTMENT OF STATUS AUTHORIZED.—Section 
214(d) of the Immigration and Nationality Act (8 U.S.C. 
1184(d)) is amended— 
(1) by redesignating paragraphs (2) and (3) as 
paragraphs (3) and (4), respectively; 
(2) in paragraph (1)— 
(A) in the third sentence— 
(i) by striking ‘‘paragraph (3)(B)’’ 
and inserting ‘‘paragraph (4)(B)’’; and 
(ii) by striking ‘‘paragraph (3)(B)(i)’’ 
and inserting ‘‘paragraph (4)(B)(i)’’; and 
(B) by striking the last sentence; and 
(3) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2)(A) If a noncitizen does not marry the petitioner 
under paragraph (1) within 90 days after the noncitizen 
and the noncitizen’s minor children are admitted into the 
United States, such noncitizen and children shall be re-
quired to depart from the United States. If such nonciti-
zens fail to depart from the United States, they shall be 
removed in accordance with sections 240 and 241. 
‘‘(B) Subject to subparagraphs (C) and (D), if a non-
citizen marries the petitioner described in section 
101(a)(15)(K)(i) within 90 days after the noncitizen and 
the noncitizen’s minor children are admitted into the 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00199
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
200 
United States, the Secretary of Homeland Security or the 
Attorney General, subject to the provisions of section 
245(d), may adjust the status of the noncitizen, and any 
minor children accompanying or following to join the non-
citizen, to that of a lawful permanent resident on a condi-
tional basis under section 216 if the noncitizen and any 
such minor children apply for such adjustment and are 
not determined to be inadmissible to the United States. 
‘‘(C) Paragraphs (5) and (7)(A) of section 212(a) 
shall not apply to a noncitizen who is eligible to apply for 
adjustment of status to that of a lawful permanent resi-
dent under this section. 
‘‘(D) A noncitizen eligible for a waiver of inadmis-
sibility as otherwise authorized under this Act shall be per-
mitted to apply for adjustment of status to that of a lawful 
permanent resident under this section.’’. 
(c) AGE DETERMINATION.—Section 245(d) of the 
Immigration and Nationality Act (8 U.S.C. 1255(d)) is 
amended— 
(1) by inserting ‘‘(1)’’ before ‘‘The Attorney 
General’’; and 
(2) by adding at the end the following: 
‘‘(2) A determination of the age of a noncitizen ad-
mitted 
to 
the 
United 
States 
under 
section 
101(a)(15)(K)(iii) shall be made, for purposes of adjust-
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00200
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
201 
ment of status to lawful permanent resident on a condi-
tional basis under section 216, using the age of the noncit-
izen on the date on which the petition is submitted to the 
Secretary of Homeland Security to classify the nonciti-
zen’s parent as the fiance´e or fiance´ of a United States 
citizen (in the case of a noncitizen parent admitted to the 
United States under section 101(a)(15)(K)(i)) or as the 
spouse of a United States citizen under section 
201(b)(2)(A)(i)(I) (in the case of a noncitizen parent ad-
mitted 
to 
the 
United 
States 
under 
section 
101(a)(15)(K)(ii)).’’. 
(d) EFFECTIVE DATE.— 
(1) IN GENERAL.—The amendments made by 
this section shall be effective as if included in the 
Immigration Marriage Fraud Amendments of 1986 
(Public Law 99–639; 100 Stat. 3537). 
(2) APPLICABILITY.—The amendments made 
by this section shall apply to all petitions or applica-
tions described in such amendments that— 
(A) are pending as of the date of the en-
actment of this Act; or 
(B) have been denied, but would have been 
approved if such amendments had been in effect 
at the time of adjudication of the petition or 
application. 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00201
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
202 
(3) MOTION TO REOPEN OR RECONSIDER.—A 
motion to reopen or reconsider a petition or an ap-
plication described in paragraph (2)(B) shall be 
granted if such motion is submitted to the Secretary 
or the Attorney General not later than 2 years after 
the date of the enactment of this Act. 
SEC. 3108. RETENTION OF PRIORITY DATES. 
Section 203 of the Immigration and Nationality Act 
(8 U.S.C. 1153) is amended— 
(1) in subsection (h), by amending paragraph 
(3) to read as follows: 
‘‘(3) RETENTION OF PRIORITY DATE.—If the 
age of a noncitizen is determined under paragraph 
(1) to be 21 years or older for purposes of sub-
section (d), and a parent of the noncitizen files a 
family-based petition for such noncitizen, the pri-
ority date for such petition shall be the original pri-
ority date issued upon receipt of the original family- 
based or employment-based petition for which either 
parent was a beneficiary.’’; and 
(2) by adding at the end the following: 
‘‘(i) PERMANENT PRIORITY DATES.— 
‘‘(1) IN GENERAL.—The priority date for any 
family-based or employment-based petition shall be 
the date of filing of the petition with the Secretary 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00202
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
203 
of Homeland Security (or the Secretary of State, if 
applicable), unless the filing of the petition was pre-
ceded by the filing of a labor certification with the 
Secretary of Labor, in which case that date shall 
constitute the priority date. 
‘‘(2) 
RETENTION
OF
EARLIEST
PRIORITY 
DATE.—The beneficiary of any petition shall retain 
his or her earliest priority date based on any petition 
filed on his or her behalf that was approvable on the 
date on which it was filed, regardless of the category 
of subsequent petitions.’’. 
SEC. 3109. INCLUSION OF PERMANENT PARTNERS. 
(a) IMMIGRATION AND NATIONALITY ACT.—Section 
101(a) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)), as amended by section 1102, is further amended 
by adding at the end: 
‘‘(55) PERMANENT PARTNER.— 
‘‘(A) The term ‘permanent partner’ means an 
individual 18 years of age or older who— 
‘‘(i) is in a committed, intimate relation-
ship with another individual 18 years of age or 
older in which both parties intend a lifelong 
commitment; 
‘‘(ii) is financially interdependent with 
such other individual, except that the Secretary 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00203
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
204 
of Homeland Security or the Secretary of State 
shall have the discretion to waive this require-
ment on a case-by-case basis for good cause; 
‘‘(iii) is not married to or in a permanent 
partnership with anyone other than such other 
individual; 
‘‘(iv) is unable, in the jurisdiction of his or 
her domicile or the domicile of such other indi-
vidual, to contract with such other individual a 
marriage cognizable under this Act; and 
‘‘(v) is not a first-degree, second-degree, or 
third-degree blood relation of such other indi-
vidual. 
‘‘(B) Any reference to ‘spouse’, ‘husband’, or 
‘wife’, or to the plurals of such terms, shall be equal-
ly applicable to a permanent partner. 
‘‘(C) Any reference to ‘marriage’, ‘marital 
union’, ‘married’, ‘unmarried’, ‘wedlock’, or any 
similar term shall be equally applicable to the union 
of permanent partners.’’. 
(b) OTHER IMMIGRATION LEGISLATION.—The defini-
tion of permanent partner under section 101(a)(55) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(55)), 
as added by subsection (a), and the meanings of the ref-
erences described in that section shall apply to— 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00204
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
205 
(1) the LIFE Act (division B of the Miscella-
neous Appropriations Act, 2001, as enacted into law 
by section 1(a)(4) of Public Law 106–554); 
(2) the Cuban Adjustment Act (8 U.S.C. 1255 
note); and 
(3) the Violence Against Women Act of 2000 
(division B of Public Law 106–386; 114 Stat. 
1491). 
(c) INAPPLICABILITY
OF
CEREMONY
REQUIRE-
MENT.—Paragraph (35) of section 101(a) of the Immigra-
tion and Nationality Act (8 U.S.C. 1101(a)) is amended 
by striking ‘‘The term’’ and inserting ‘‘Subject to para-
graph (55), the term’’. 
SEC. 3110. DEFINITION OF CHILD. 
(a) TITLES I AND II.—Section 101(b)(1) of the Im-
migration and Nationality Act (8 U.S.C. 1101(b)(1)) is 
amended— 
(1) in subparagraph (B), by striking ‘‘, pro-
vided the child had not reached the age of eighteen 
years at the time the marriage creating the status 
of stepchild occurred’’; and 
(2) by adding at the end the following: 
‘‘(H)(i) a biological child of a noncitizen 
permanent partner if the child was under the 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00205
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
206 
age of 18 years on the date on which the per-
manent partnership was formed; or 
‘‘(ii) a child adopted by a noncitizen per-
manent partner while under the age of 16 years 
if the child— 
‘‘(I) has been in the legal custody of, 
and has resided with, such adoptive parent 
for at least 2 years; and 
‘‘(II) was under the age of 18 years at 
the time the permanent partnership was 
formed.’’. 
(b) TITLE III.—Section 101(c) of the Immigration 
and Nationality Act (8 U.S.C. 1101(c)) is amended— 
(1) in paragraph (1), by inserting ‘‘and an indi-
vidual described in subsection (b)(1)(H)’’ after ‘‘The 
term ‘child’ means an unmarried person under twen-
ty-one years of age’’; and 
(2) in paragraph (2), by inserting ‘‘and the de-
ceased permanent partner of a deceased parent, fa-
ther, or mother,’’ after ‘‘deceased parent, father, and 
mother’’. 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00206
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
207 
SEC. 3111. TERMINATION OF CONDITIONAL PERMANENT 
RESIDENT STATUS FOR CERTAIN NONCIT-
IZEN PERMANENT PARTNERS AND SONS AND 
DAUGHTERS 
UPON 
FINDING 
QUALIFYING 
PERMANENT PARTNERSHIP IMPROPER. 
Section 216 of the Immigration and Nationality Act 
(8 U.S.C. 1186a) is amended— 
(1) in subsection (b)(1)(A)(ii), by inserting ‘‘or 
has ceased to satisfy the criteria for being consid-
ered a permanent partnership under this Act,’’ after 
‘‘terminated,’’; 
(2) in subsection (c)(4)(B), by striking ‘‘termi-
nated (other than through the death of the spouse)’’ 
and inserting ‘‘terminated, or has ceased to satisfy 
the criteria for being considered a permanent part-
nership under this Act, other than through the death 
of the spouse,’’; and 
(3) in subsection (d)(1)(A)(i)(II), by inserting 
‘‘or has not ceased to satisfy the criteria for being 
considered a permanent partnership under this Act,’’ 
after ‘‘terminated,’’. 
SEC. 3112. NATIONALITY AT BIRTH. 
Section 301 of the Immigration and Nationality Act 
(8 U.S.C. 1401) is amended by adding at the end the fol-
lowing: 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00207
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
208 
‘‘(i) Any reference to ‘a person born of parents’ in 
this section shall include— 
‘‘(1) any legally recognized parent-child rela-
tionship formed within the first year of a person’s 
life regardless of any genetic or gestational relation-
ship; 
‘‘(2) either parent of a child born through as-
sisted reproductive technology who is legally recog-
nized as a parent in the relevant jurisdiction regard-
less of any genetic or gestational relationship; and 
‘‘(3) the spouse of a parent at the time of birth, 
in any case in which— 
‘‘(A) at least 1 parent is a legally recog-
nized parent; and 
‘‘(B) the marriage occurred before the 
child’s birth and is recognized in the United 
States, regardless of where the parents reside.’’. 
Subtitle B—National Origin-Based 
Antidiscrimination 
for 
Non-
immigrants 
SEC. 3201. EXPANSION OF NONDISCRIMINATION PROVI-
SION. 
Section 202(a)(1)(A) of the Immigration and Nation-
ality Act (8 U.S.C. 1152(a)(1)(A)) is amended— 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00208
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
209 
(1) by inserting ‘‘or a nonimmigrant visa, ad-
mission or other entry into the United States, or the 
approval or revocation of any immigration benefit’’ 
after ‘‘immigrant visa’’; 
(2) by inserting ‘‘religion,’’ after ‘‘sex,’’; and 
(3) by inserting ‘‘, except if expressly required 
by statute, or if a statutorily authorized benefit 
takes into consideration such factors’’ before the pe-
riod at the end. 
SEC. 3202. TRANSFER AND LIMITATIONS ON AUTHORITY TO 
SUSPEND OR RESTRICT THE ENTRY OF A 
CLASS OF NONCITIZENS. 
Section 212(f) of the Immigration and Nationality 
Act (8 U.S.C. 1182(f)) is amended to read as follows: 
‘‘(f) AUTHORITY TO SUSPEND OR RESTRICT THE 
ENTRY OF A CLASS OF NONCITIZENS.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
if the Secretary of State, in consultation with the 
Secretary of Homeland Security, determines, based 
on specific and credible facts, that the entry of any 
noncitizens or any class of noncitizens into the 
United States would undermine the security or pub-
lic safety of the United States, or the preservation 
of human rights, democratic processes or institu-
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00209
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
210 
tions, or international stability, the President may 
temporarily— 
‘‘(A) suspend the entry of such noncitizens 
or class of noncitizens as immigrants or non-
immigrants; or 
‘‘(B) impose any restriction on the entry of 
such noncitizens that the President considers 
appropriate. 
‘‘(2) LIMITATIONS.—In carrying out paragraph 
(1), the President, the Secretary of State, and the 
Secretary of Homeland Security shall— 
‘‘(A) issue a suspension or restriction only 
to the extent required to address specific acts 
implicating a compelling government interest in 
a factor identified in paragraph (1); 
‘‘(B) narrowly tailor the suspension or re-
striction, using the least restrictive means, to 
achieve such compelling government interest; 
‘‘(C) specify the duration of the suspension 
or restriction and set forth evidence justifying 
such duration; 
‘‘(D) consider waivers to any class-based 
restriction or suspension and apply a rebuttable 
presumption in favor of granting family-based 
and humanitarian waivers; and 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00210
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
211 
‘‘(E) comply with all provisions of this Act, 
including section 202(a)(1)(A). 
‘‘(3) CONGRESSIONAL NOTIFICATION.— 
‘‘(A) IN GENERAL.—Prior to the President 
exercising the authority under paragraph (1), 
the Secretary of State and the Secretary of 
Homeland Security shall consult Congress and 
provide Congress with specific evidence sup-
porting the need for the suspension or restric-
tion and its proposed duration. 
‘‘(B) BRIEFING AND REPORT.—Not later 
than 48 hours after the President exercises the 
authority under paragraph (1), the Secretary of 
State and the Secretary of Homeland Security 
shall provide a briefing and submit a written re-
port to the appropriate committees of Congress 
that describes— 
‘‘(i) the action taken pursuant to 
paragraph (1) and the specified objective 
of such action; and 
‘‘(ii) the estimated number of individ-
uals who will be impacted by such action; 
‘‘(I) the constitutional and legis-
lative authority under which such ac-
tion took place; and 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00211
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
212 
‘‘(II) the circumstances necessi-
tating such action, including how such 
action complies with paragraph (2) 
and any intelligence informing such 
action. 
‘‘(C) TERMINATION.—If the briefing and 
report described in subparagraph (B) are not 
provided to the appropriate committees of Con-
gress during the 48-hour period after the Presi-
dent exercises the authority under paragraph 
(1), the suspension or restriction shall imme-
diately terminate absent intervening congres-
sional action. 
‘‘(D) PUBLICATION.—The Secretary of 
State and the Secretary of Homeland Security 
shall publicly announce and publish an unclassi-
fied version of the report described in subpara-
graph (B) in the Federal Register. 
‘‘(4) JUDICIAL REVIEW.— 
‘‘(A) IN GENERAL.—Notwithstanding any 
other provision of law, an individual or entity 
who is present in the United States and has 
been harmed by a violation of this subsection 
may file an action in an appropriate district 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00212
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
213 
court of the United States to seek declaratory 
or injunctive relief. 
‘‘(B) CLASS ACTION.—Nothing in this Act 
may be construed to preclude an action filed 
pursuant to subparagraph (A) from proceeding 
as a class action. 
‘‘(5) TREATMENT OF COMMERCIAL AIRLINES.— 
If the Secretary of Homeland Security finds that a 
commercial airline has failed to comply with regula-
tions of the Secretary relating to requirements of 
airlines for the detection of fraudulent documents 
used by passengers traveling to the United States 
(including the training of personnel in such detec-
tion), the Secretary may suspend the entry of some 
or all noncitizens transported to the United States 
by such airline. 
‘‘(6) REPORTING REQUIREMENTS.— 
‘‘(A) IN
GENERAL.—Not later than 30 
days after the date on which the President exer-
cises the authority under this subsection, and 
every 30 days thereafter until the conclusion of 
such an exercise of authority, the Secretary of 
State, in coordination with the Secretary of 
Homeland Security and the heads of other rel-
evant Federal agencies, shall submit to the ap-
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00213
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
214 
propriate committees of Congress a report that 
includes the following: 
‘‘(i) For each country affected by such 
a suspension or restriction— 
‘‘(I) the total number of individ-
uals 
who 
applied 
for 
a 
visa, 
disaggregated by visa category; 
‘‘(II) the total number of such 
visa applicants who were approved, 
disaggregated by visa category; 
‘‘(III) the total number of such 
visa applicants who were refused, 
disaggregated by visa category, and 
the reasons they were refused; 
‘‘(IV) the total number of such 
visa applicants whose applications re-
main pending, disaggregated by visa 
category; 
‘‘(V) the total number of such 
visa applicants who were granted a 
waiver, disaggregated by visa cat-
egory; 
‘‘(VI) the total number of such 
visa applicants who were denied a 
waiver, disaggregated by visa cat-
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00214
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
215 
egory, and the reasons such waiver re-
quests were denied; and 
‘‘(VII) the total number of refu-
gees admitted. 
‘‘(ii) Specific evidence supporting the 
need for the continued exercise of presi-
dential authority under this subsection, in-
cluding the information described in para-
graph (3)(B). 
‘‘(B) EFFECT OF NONCOMPLIANCE.—If a 
report required by subparagraph (A) is not 
timely submitted, the suspension or restriction 
shall immediately terminate absent intervening 
congressional action. 
‘‘(C) FINAL REPORT.—Not later than 30 
days after the conclusion of a suspension or re-
striction under this subsection, the Secretary of 
State, in coordination with the Secretary of 
Homeland Security and the heads of other rel-
evant Federal agencies, shall submit to the ap-
propriate committees of Congress a report that 
includes, for the entire period of the suspension 
or restriction, the information described clauses 
(i) and (ii) of subparagraph (A). 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00215
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
216 
‘‘(D) FORM; AVAILABILITY.—Each report 
required by this paragraph shall be made pub-
licly available on an internet website in unclas-
sified form. 
‘‘(7) RULE
OF
CONSTRUCTION.—Nothing in 
this subsection may be construed to authorize the 
President, the Secretary of State, or the Secretary 
of Homeland Security to act in a manner incon-
sistent with the policy decisions expressed in the im-
migration laws. 
‘‘(8) APPROPRIATE COMMITTEES OF CONGRESS 
DEFINED.—In this subsection, the term ‘appropriate 
committees of Congress’ means— 
‘‘(A) the Select Committee on Intelligence, 
the Committee on Foreign Relations, the Com-
mittee on the Judiciary, and the Committee on 
Homeland Security and Governmental Affairs 
of the Senate; and 
‘‘(B) the Permanent Select Committee on 
Intelligence, the Committee on Foreign Affairs, 
the Committee on the Judiciary, and the Com-
mittee on Homeland Security of the House of 
Representatives.’’. 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00216
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
217 
Subtitle C—Diversity Immigrants 
SEC. 3301. INCREASING DIVERSITY VISAS. 
Section 201(e) of the Immigration and Nationality 
Act (8 U.S.C. 1151(e)) is amended by striking ‘‘55,000’’ 
and inserting ‘‘80,000’’. 
Subtitle D—Reforming 
Employment-Based Immigration 
SEC. 3401. DOCTORAL STEM GRADUATES FROM ACCRED-
ITED UNITED STATES UNIVERSITIES. 
(a) IN GENERAL.—Section 201(b)(1) of the Immi-
gration and Nationality Act (8 U.S.C. 1151(b)(1)), as 
amended by section 3106, is further amended by adding 
at the end the following: 
‘‘(G) Noncitizens who have earned a doctoral 
degree in a field of science, technology, engineering, 
or mathematics from an accredited United States in-
stitution of higher education.’’. 
(b) DEFINITIONS.—Section 204 of the Immigration 
and Nationality Act (8 U.S.C. 1154) is amended by add-
ing at the end the following: 
‘‘(m) DOCTORAL STEM GRADUATES FROM ACCRED-
ITED UNITED STATES UNIVERSITIES.—For purposes of 
section 201(b)(1)— 
‘‘(1) the term ‘field of science, technology, engi-
neering, or mathematics’— 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00217
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
218 
‘‘(A) means a field included in the Depart-
ment of Education’s Classification of Instruc-
tional Programs taxonomy within the summary 
groups of computer and information sciences 
and support services, engineering, mathematics 
and statistics, physical sciences, and the sum-
mary group subsets of accounting and related 
services and taxation; and 
‘‘(B) may include, at the discretion of the 
Secretary of Homeland Security, other fields 
not specifically referred to in subparagraph (A) 
if the accredited United States institution of 
higher education verifies that the core cur-
riculum for the specific field is primarily based 
in science, technology, engineering, or mathe-
matics; and 
‘‘(2) the term ‘accredited United States institu-
tion of higher education’ means an institution that— 
‘‘(A)(i) is described in section 101(a) of 
the Higher Education Act of 1965 (20 U.S.C. 
1001(a)); or 
‘‘(ii) is a proprietary institution of higher 
education (as defined in section 102(b) of such 
Act (20 U.S.C. 1002(b))); and 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00218
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
219 
‘‘(B) is accredited by an accrediting body 
that is itself accredited by— 
‘‘(i) the Department of Education; or 
‘‘(ii) the Council for Higher Edu-
cation Accreditation.’’. 
SEC. 3402. ADDRESSING VISA BACKLOGS. 
(a) NONCITIZENS NOT SUBJECT TO DIRECT NUMER-
ICAL LIMITATIONS.—Section 201(b)(1) of the Immigra-
tion and Nationality Act (8 U.S.C. 1151(b)), as amended 
by section 3106 and 3401, is further amended by adding 
at the end the following: 
‘‘(H) Noncitizens who are beneficiaries (includ-
ing derivative beneficiaries) of an approved immi-
grant petition bearing a priority date that is more 
than 10 years before the noncitizen’s application for 
admission as an immigrant or for adjustment of sta-
tus. 
‘‘(I) Noncitizens described in section 203(d).’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date which is 60 days 
after the date of the enactment of this Act. 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00219
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
220 
SEC. 3403. ELIMINATING EMPLOYMENT-BASED PER COUN-
TRY LEVELS. 
(a) IN GENERAL.—Section 202(a)(2) of the Immi-
gration and Nationality Act (8 U.S.C. 1152(a)(2)), as 
amended by section 3103(a), is further amended— 
(1) in the paragraph heading, by striking ‘‘AND 
EMPLOYMENT-BASED’’; 
(2) by striking ‘‘(3), (4), and (5),’’ and insert-
ing ‘‘(3) and (4),’’; 
(3) by striking ‘‘subsections (a) and (b) of sec-
tion 203’’ and inserting ‘‘section 203(a)’’; and 
(4) by striking ‘‘such subsections’’ and inserting 
‘‘such section’’. 
(b) CONFORMING AMENDMENTS.—Section 202 of the 
Immigration and Nationality Act (8 U.S.C. 1152), as 
amended by sections 3103, 3201, and subsection (a), is 
further amended— 
(1) in subsection (a)— 
(A) in paragraph (3), by striking ‘‘both 
subsections (a) and (b) of section 203’’ and in-
serting ‘‘section 203(a)’’; and 
(B) by striking paragraph (5); and 
(2) by amending subsection (e) to read as fol-
lows: 
‘‘(e) SPECIAL RULES FOR COUNTRIES AT CEILING.— 
If the total number of immigrant visas made available 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00220
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB
221 
under section 203(a) to natives of any single foreign state 
or dependent area is expected to exceed the numerical lim-
itation specified in subsection (a)(2) in any fiscal year, im-
migrant visas to natives of that state or area under section 
203(a) shall be allocated (to the extent practicable and 
otherwise consistent with this section and section 203) so 
that, except as provided in subsection (a)(4), the propor-
tion of the visa numbers made available under each of 
paragraphs (1) through (4) of section 203(a) is equal to 
the ratio of the total number of visas made available under 
the respective paragraph to the total number of visas made 
available under section 203(a).’’. 
(c) COUNTRY-SPECIFIC OFFSET.—Section 2 of the 
Chinese Student Protection Act of 1992 (8 U.S.C. 1255 
note) is amended— 
(1) in subsection (a), by striking ‘‘subsection 
(e)’’ and inserting ‘‘subsection (d)’’; 
(2) by striking subsection (d); and 
(3) by redesignating subsection (e) as sub-
section (d). 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply to fiscal year 2024 and each subse-
quent fiscal year. 
VerDate Sep 11 2014 
02:30 Jun 06, 2023
Jkt 039200
PO 00000
Frm 00221
Fmt 6652
Sfmt 6201
E:\BILLS\H3194.IH
H3194
pbinns on DSKJLVW7X2PROD with $$_JOB