‘‘(i) limit the maximum processing fee 
payable under this paragraph by a family; 
and 
‘‘(ii) for good cause, exempt individual 
applicants or defined classes of applicants 
from the requirement to pay fees under 
this paragraph. 
‘‘(D) DEPOSIT.—Fees collected under this 
paragraph shall be deposited into the Immigra-
tion Examinations Fee Account pursuant to 
section 286(m). 
‘‘(3) PHYSICAL PRESENCE.— 
‘‘(A) DATE
OF
SUBMITTAL
OF
APPLICA-
TION.—The noncitizen shall be physically 
present in the United States on the date on 
which the application is submitted. 
‘‘(B) CONTINUOUS PHYSICAL PRESENCE.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), the noncitizen shall 
have been continuously physically present 
in the United States beginning on January 
1, 2021, and ending on the date on which 
the application is approved. 
‘‘(ii) EXCEPTIONS.— 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(I) AUTHORIZED ABSENCE.—A 
noncitizen who departed temporarily 
from the United States shall not be 
considered to have failed to maintain 
continuous physical presence in the 
United States during any period of 
travel that was authorized by the Sec-
retary. 
‘‘(II) BRIEF, CASUAL, AND INNO-
CENT ABSENCES.— 
‘‘(aa) IN GENERAL.—A non-
citizen who departed temporarily 
from the United States shall not 
be considered to have failed to 
maintain 
continuous 
physical 
presence in the United States if 
the noncitizen’s absences from 
the United States are brief, cas-
ual, and innocent, whether or not 
such absences were authorized by 
the Secretary. 
‘‘(bb) 
ABSENCES
MORE 
THAN
180
DAYS.—For purposes 
of this clause, an absence of more 
than 180 days, in the aggregate, 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
during a calendar year shall not 
be considered brief, unless the 
Secretary finds that the length of 
the absence was due to cir-
cumstances beyond the nonciti-
zen’s control, including the seri-
ous illness of the noncitizen, 
death or serious illness of a 
spouse, 
parent, 
grandparent, 
grandchild, 
sibling, 
son, 
or 
daughter of the noncitizen, or 
due to international travel re-
strictions. 
‘‘(iii) EFFECT
OF
NOTICE
TO
AP-
PEAR.—Issuance of a notice to appear 
under section 239(a) shall not be consid-
ered to interrupt the continuity of a non-
citizen’s continuous physical presence in 
the United States. 
‘‘(4) WAIVER
FOR
NONCITIZENS
PREVIOUSLY 
REMOVED.— 
‘‘(A) IN GENERAL.—With respect to a non-
citizen who was removed from or who departed 
the United States on or after January 20, 
2017, and who was continuously physically 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
present in the United States for not fewer than 
3 years immediately preceding the date on 
which the noncitizen was removed or departed, 
the Secretary may waive, for humanitarian pur-
poses, to ensure family unity, or if such a waiv-
er is otherwise in the public interest, the appli-
cation of— 
‘‘(i) paragraph (3)(A); and 
‘‘(ii) in the case of an applicant for 
lawful prospective immigrant status under 
section 245B, if the applicant has not re-
entered the United States unlawfully after 
January 1, 2021, subsection (c)(3). 
‘‘(B) 
APPLICATION
PROCEDURE.—The 
Secretary, in consultation with the Secretary of 
State, shall establish a procedure by which a 
noncitizen, while outside the United States, 
may apply for status under section 245B, 
245C, 245D, 245E, or 245F, as applicable, if 
the noncitizen would have been eligible for such 
status but for the noncitizen’s removal or de-
parture. 
‘‘(c) GROUNDS FOR INELIGIBILITY.— 
‘‘(1) 
CERTAIN
GROUNDS
OF
INADMIS-
SIBILITY.— 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), a noncitizen shall be ineligible for 
status under sections 245B, 245C, 245D, 
245E, and 245F if the noncitizen— 
‘‘(i) is inadmissible under paragraph 
(2), (3), (6)(E), (8), (10)(C), or (10)(E) of 
section 212(a); 
‘‘(ii) has been convicted of a felony of-
fense (excluding any offense under State 
law for which an essential element in the 
noncitizen’s immigration status); or 
‘‘(iii) has been convicted of 3 or more 
misdemeanor offenses (excluding simple 
possession of cannabis or cannabis-related 
paraphernalia, any offense involving can-
nabis or cannabis-related paraphernalia 
that is no longer prosecutable in the State 
in which the conviction was entered, any 
offense under State law for which an es-
sential element is the noncitizen’s immigra-
tion status, any offense involving civil dis-
obedience without violence, and any minor 
traffic offense) not occurring on the same 
date, and not arising out of the same act, 
omission, or scheme of misconduct. 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(B) WAIVERS.— 
‘‘(i) IN
GENERAL.—For purposes of 
subparagraph (A), the Secretary may, for 
humanitarian purposes, family unity, or if 
otherwise in the public interest— 
‘‘(I) 
waive 
inadmissibility 
under— 
‘‘(aa) 
subparagraphs 
(A), 
(C), 
and 
(D) 
of 
section 
212(a)(2); and 
‘‘(bb) 
paragraphs 
(6)(E), 
(8), (10)(C), and (10)(E) of such 
section; 
‘‘(II) waive ineligibility under 
subparagraph (A)(ii) (excluding of-
fenses 
described 
in 
section 
101(a)(43)(A)) 
or 
inadmissibility 
under subparagraph (B) of section 
212(a)(2) if the noncitizen has not 
been convicted of any offense during 
the 10-year period preceding the date 
on which the noncitizen applies for 
status under section 245B, 245C, 
245D, 245E, or 245F, as applicable; 
and 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(II) the duration of the nonciti-
zen’s residence in the United States; 
‘‘(III) evidence of rehabilitation, 
if applicable; and 
‘‘(IV) the extent to which the 
noncitizen’s removal, or the denial of 
the noncitizen’s application, would ad-
versely affect the noncitizen or the 
noncitizen’s United States citizen or 
lawful 
permanent 
resident 
family 
members. 
‘‘(2) NONCITIZENS
IN
CERTAIN
IMMIGRATION 
STATUSES.— 
‘‘(A) IN GENERAL.—A noncitizen shall be 
ineligible for status under sections 245B, 245C, 
245D, 245E, and 245F if on January 1, 2021, 
the noncitizen was any of the following: 
‘‘(i) A lawful permanent resident. 
‘‘(ii) A noncitizen admitted as a ref-
ugee under section 207 or granted asylum 
under section 208. 
‘‘(iii) A noncitizen who, according to 
the records of the Secretary or the Sec-
retary of State, is in a period of authorized 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
stay in a nonimmigrant status described in 
section 101(a)(15)(A), other than— 
‘‘(I) a spouse or a child of a non-
citizen eligible for status under section 
245B, 245C, 245D, 245E, or 245F; 
‘‘(II) a noncitizen considered to 
be in a nonimmigrant status solely by 
reason of section 702 of the Consoli-
dated Natural Resources Act of 2008 
(Public Law 110–229; 122 Stat. 854) 
or section 244(f)(4) of this Act; 
‘‘(III) a nonimmigrant described 
in section 101(a)(15)(H)(ii)(a); and 
‘‘(IV) a noncitizen who has en-
gaged in ‘essential critical infrastruc-
ture labor or services’, as described in 
the ‘Advisory Memorandum on Identi-
fication of Essential Critical Infra-
structure Workers During COVID–19 
Response’ (as revised by the Depart-
ment of Homeland Security) during 
the period described in subparagraph 
(B). 
‘‘(iv) A noncitizen paroled into the 
Commonwealth of the Northern Mariana 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
Islands or Guam who did not reside in the 
Commonwealth or Guam on November 28, 
2009. 
‘‘(B) PERIOD DESCRIBED.—The period de-
scribed in this subparagraph is the period 
that— 
‘‘(i) begins on the first day of the 
public health emergency declared by the 
Secretary of Health and Human Services 
under section 319 of the Public Health 
Service Act (42 U.S.C. 247d) with respect 
to COVID–19; and 
‘‘(ii) ends on the date that is 90 days 
after the date on which such public health 
emergency terminates. 
‘‘(3) CERTAIN
NONCITIZENS
OUTSIDE
THE 
UNITED STATES AND UNLAWFUL REENTRANTS.—A 
noncitizen shall be ineligible for status under sec-
tions 245B, 245C, 245D, 245E, and 245F if the 
noncitizen— 
‘‘(A) departed the United States while sub-
ject to an order of exclusion, deportation, re-
moval, or voluntary departure; and 
‘‘(B)(i) was outside the United States on 
January 1, 2021; or 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(ii) reentered the United States unlaw-
fully after January 1, 2021. 
‘‘(d) SUBMISSION OF BIOMETRIC AND BIOGRAPHIC 
DATA; BACKGROUND CHECKS.— 
‘‘(1) IN
GENERAL.—The Secretary may not 
grant a noncitizen status under section 245B, 245C, 
245D, 245E, or 245F unless the noncitizen submits 
biometric and biographic data, in accordance with 
procedures established by the Secretary. 
‘‘(2) ALTERNATIVE
PROCEDURE.—The Sec-
retary shall provide an alternative procedure for 
noncitizens who are unable to provide such biometric 
or biographic data due to a physical impairment. 
‘‘(3) BACKGROUND CHECKS.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
use biometric and biographic data— 
‘‘(i) to conduct security and law en-
forcement background checks; and 
‘‘(ii) to determine whether there is 
any criminal, national security, or other 
factor that would render the noncitizen in-
eligible for status under section 245B, 
245C, 245D, 245E, or 245F, as applica-
ble. 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(B) COMPLETION REQUIRED.—A noncit-
izen may not be granted status under section 
245B, 245C, 245D, 245E, or 245F unless se-
curity and law enforcement background checks 
are completed to the satisfaction of the Sec-
retary. 
‘‘(e) ELIGIBILITY FOR OTHER STATUSES.— 
‘‘(1) IN GENERAL.—A noncitizen’s eligibility for 
status under section 245B, 245C, 245D, 245E, or 
245F shall not preclude the noncitizen from seeking 
any status under any other provision of law for 
which the noncitizen may otherwise be eligible. 
‘‘(2) 
INAPPLICABILITY
OF
OTHER
PROVI-
SIONS.—Section 208(d)(6) shall not apply to any 
noncitizen who submits an application under section 
245B, 245C, 245D, 245E, or 245F. 
‘‘(f) EXEMPTION FROM NUMERICAL LIMITATION.— 
Nothing in this section or section 245B, 245C, 245D, 
245E, or 245F or in any other law may be construed— 
‘‘(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.— 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(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.— 
‘‘(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 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
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 
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 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00050
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
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: 
‘‘(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. 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00051
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(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. 
‘‘(VII) Any other evidence that 
the Secretary determines to be cred-
ible. 
‘‘(ii) DOCUMENTS ESTABLISHING CON-
TINUOUS PHYSICAL PRESENCE.—Evidence 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00052
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
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. 
‘‘(VI) Official records from a reli-
gious entity confirming the nonciti-
zen’s participation in a religious cere-
mony. 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00053
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(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. 
‘‘(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 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00054
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
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 
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). 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00055
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(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 
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 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00056
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
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 
‘‘(II) the weight to be given the 
evidence. 
‘‘(4) REVOCATION.— 
‘‘(A) IN GENERAL.—If the Secretary deter-
mines that a noncitizen fraudulently obtained 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00057
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
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 
(3)(C) shall automatically be rendered invalid 
for any purpose except for departure from the 
United States. 
‘‘(5) ADMINISTRATIVE REVIEW.— 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00058
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(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, 
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. 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00059
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(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-
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. 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00060
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(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; 
‘‘(B) the noncitizen shall not be considered 
an unauthorized noncitizen (as defined in sec-
tion 274A(h)(3)). 
‘‘(8) EMPLOYMENT.— 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00061
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(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 
employ the noncitizen pending a final decision 
on the noncitizen employee’s application, shall 
not be considered to be in violation of section 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00062
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
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-
eral or the Secretary shall provide the informa-
tion provided in an application under section 
245B, 245C, 245D, 245E, or 245F, and any 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00063
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
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-
duct an assessment that, for the preceding cal-
endar year— 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00064
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(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-
retary under this section after the period for re-
questing administrative review under subsection 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00065
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
(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 
revision after public notice and opportunity for 
a period of public comment. 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00066
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
(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, 
is further amended by inserting after the item relating to 
section 245F the following: 
‘‘Sec. 245G. General provisions relating to adjustment of status.’’. 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00067
Fmt 6652
Sfmt 6211
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
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 
‘‘(ii) provide the nonimmigrant with 
an ‘employment authorized’ endorsement 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00068
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
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-
sponsibility and Work Opportunity Rec-
onciliation Act of 1996 (8 U.S.C. 1613)). 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00069
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(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 
fiscal year beginning after the date of the enactment of 
this Act. 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00070
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
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-
tence is considered to include only the period of incarcer-
ation ordered by a court. 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00071
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(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 a noncitizen who committed only one 
crime’’; 
(2) in subclause (I), by inserting ‘‘the noncit-
izen committed only one crime,’’ before ‘‘the crime 
was committed when’’; and 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00072
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
(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 
U.S.C. 1182) is amended by inserting after subsection (b) 
the following: 
‘‘(c) HUMANITARIAN, FAMILY UNITY, AND PUBLIC 
INTEREST WAIVER.— 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00073
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(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; 
‘‘(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-
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00074
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
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; 
‘‘(ii) to ensure family unity; or 
‘‘(iii) if a waiver is otherwise in the 
public interest. 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00075
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(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)— 
(A) in subparagraph (B), by inserting ‘‘the 
exercise of discretion arising under’’ after ‘‘no 
court shall have jurisdiction to review’’; 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00076
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
(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 
order shall be available only in judicial review 
of a final order under this section.’’; 
(3) in subsection (f)— 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00077
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
(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 
‘‘(B) any order of exclusion, deportation, 
or removal shall automatically be stayed unless 
the court, in its discretion, orders otherwise. 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00078
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(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— 
‘‘(i) the additional evidence is mate-
rial; and 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00079
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(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, 
ripeness, or other standing requirements (other 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00080
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
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-
plicant under section 245B, 245C, 245D, 245E, 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00081
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
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). 
‘‘(ii) STAY AUTHORIZED.—Nothing in 
this paragraph may be construed to pre-
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00082
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
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 
a material fact, provided that the Secretary shall 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00083
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
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 
United States of America’, and for other purposes’’, ap-
proved March 24, 1976 (48 U.S.C. 1806), is amended— 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00084
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
(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.— 
‘‘(A) CNMI RESIDENT STATUS.—A noncit-
izen described in subparagraph (B) may, upon 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00085
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
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 
90 days after the date of the enact-
ment of the U.S. Citizenship Act; 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00086
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
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 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00090
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
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 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00091
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
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 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00092
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(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 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00093
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
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 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00094
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
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 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00095
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
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 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00097
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
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 limited 
or part-time employees under this paragraph. 
(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 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00098
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
(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 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00099
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
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 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00100
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
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 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00101
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
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 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00102
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
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 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00103
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
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 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00104
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
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 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00105
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
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 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00106
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
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) an 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 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00107
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
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 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00108
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
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 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00109
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
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 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00110
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
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 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00111
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
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 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00112
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
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 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00113
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
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 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00114
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
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 2022 
through 2025 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.— 
(1) EFFECTIVE
IMPLEMENTATION.—The re-
maining 50 percent of the amounts appropriated 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00115
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
116 
pursuant to subsection (a) (after the obligations au-
thorized under subsection (b)) may only be made 
available for assistance to the Government of El Sal-
vador, of Guatemala, or of Honduras after the Sec-
retary of State consults with, and subsequently cer-
tifies and reports to, the Committee on Foreign Re-
lations of the Senate, the Committee on Appropria-
tions of the Senate, the Committee on Foreign Af-
fairs of the House of Representatives, and the Com-
mittee on Appropriations of the House of Represent-
atives that the respective government is taking effec-
tive steps (in addition to steps taken during the pre-
vious calendar year)— 
(A) to combat corruption and impunity, in-
cluding investigating and prosecuting govern-
ment officials, military personnel, and civilian 
police officers credibly alleged to be corrupt; 
(B) to implement reforms, policies, and 
programs to strengthen the rule of law, includ-
ing increasing the transparency of public insti-
tutions and the independence of the judiciary 
and electoral institutions; 
(C) to protect the rights of civil society, 
opposition political parties, trade unionists, 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00116
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
117 
human rights defenders, and the independence 
of the media; 
(D) to provide effective and accountable ci-
vilian law enforcement and security for its citi-
zens, and curtailing the role of the military in 
internal policing; 
(E) to implement policies to reduce poverty 
and promote equitable economic growth and op-
portunity; 
(F) to increase government revenues, in-
cluding by enhancing tax collection, strength-
ening customs agencies, and reforming procure-
ment processes; 
(G) to improve border security and coun-
tering human smuggling, criminal gangs, drug 
traffickers, and transnational criminal organiza-
tions; 
(H) to counter and prevent sexual and 
gender-based violence; 
(I) to inform its citizens of the dangers of 
the journey to the southwest border of the 
United States; 
(J) to resolve disputes involving the confis-
cation of real property of United States entities; 
and 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00117
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
118 
(K) to implement reforms to strengthen 
educational systems, vocational training pro-
grams, and programs for at-risk youth. 
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 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00118
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
119 
Commissioner for Refugees or host nations, includ-
ing by increasing the number of refugee and asylum 
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 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00119
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
120 
such children are properly registered and that their 
claims are appropriately considered. 
(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, 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00120
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
121 
women, unaccompanied children, and other vulner-
able populations; 
(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— 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00121
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
122 
(1) to disseminate information about the poten-
tial dangers of travel to the United States; 
(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 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00122
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
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 centers 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 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00123
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
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 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00124
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
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 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00125
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
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 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00126
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
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 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00127
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
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 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00128
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
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 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00129
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
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 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00130
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
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 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00131
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
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 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00132
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
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 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00133
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
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 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00134
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
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 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00135
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
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 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00136
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
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 air ports 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 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00137
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
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 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00138
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
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 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00139
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
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 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00140
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
141 
(2) describes circumstances in which effective 
technology in use at certain ports of entry smart 
cannot be implemented at other ports of entry, in-
cluding— 
(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. 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00141
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
142 
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 
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; 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00142
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
143 
(4) an explanation for why each technology, 
tool, or other device was recommended to achieve 
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-
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00143
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
144 
ployed and of U.S. Border Patrol operations in each 
sector. 
(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. 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00144
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
145 
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-
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. 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00145
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
146 
(2) CONSTITUTIONAL
AUTHORITY
SUBJECT 
MATTER.—Continuing education required under 
paragraph (1) shall include training regarding— 
(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: 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00146
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
147 
‘‘(2) MEDICAL TRAINING FOR U.S. BORDER PA-
TROL AGENTS.— 
‘‘(A) IN GENERAL.— 
‘‘(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 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00147
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
148 
debt of obligated overtime hours that the 
agent may have incurred, pursuant to sec-
tion 5550(b) of title 5, United States 
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 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00148
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
149 
‘‘(III) reimburse U.S. Customs 
and Border Protection in an amount 
equal to the product of— 
‘‘(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- 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00149
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
150 
issued or State-recognized certification as 
a paramedic shall receive, in addition to 
the pay to which the agent is otherwise en-
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 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00150
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
151 
of the U.S. Citizenship Act, the Commissioner 
of U.S. Customs and Border Protection shall— 
‘‘(i) ensure that— 
‘‘(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.— 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00151
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
152 
‘‘(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 
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 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00152
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
153 
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 
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 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00153
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
154 
‘‘(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. 
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. 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00154
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
177 
‘‘(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 
‘‘(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 2020.—The number computed 
under this paragraph is the difference, if any, be-
tween— 
‘‘(A) the difference, if any, between— 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00177
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS
190 
(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),’’. 
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 
VerDate Sep 11 2014 
23:39 Mar 30, 2021
Jkt 019200
PO 00000
Frm 00190
Fmt 6652
Sfmt 6201
E:\BILLS\H1177.IH
H1177
pbinns on DSKJLVW7X2PROD with BILLS