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(3) How the Department would effectuate rein-
statement of such employees. 
(d) 
RETENTION
AND
DEVELOPMENT
OF 
UNVACCINATED EMPLOYEES.—The Secretary shall make 
every effort to retain Department employees who are not 
vaccinated against COVID–19 and provide such employees 
with professional development, promotion and leadership 
opportunities, and consideration equal to that of their 
peers. 
SEC. 122. CBP ONE APP LIMITATION. 
(a) LIMITATION.—The Department may use the CBP 
One Mobile Application or any other similar program, ap-
plication, internet-based portal, website, device, or initia-
tive only for inspection of perishable cargo. 
(b) REPORT.—Not later than 60 days after the date 
of the enactment of this Act, the Commissioner shall re-
port to the Committee on Homeland Security of the House 
of Representatives and the Committee on Homeland Secu-
rity and Governmental Affairs of the Senate the date on 
which CBP began using CBP One to allow aliens to sched-
ule interviews at land ports of entry, how many aliens have 
scheduled interviews at land ports of entry using CBP 
One, the nationalities of such aliens, and the stated final 
destinations of such aliens within the United States, if 
any. 
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SEC. 123. REPORT ON MEXICAN DRUG CARTELS. 
Not later than 60 days after the date of the enact-
ment of this Act, Congress shall commission a report that 
contains the following: 
(1) A national strategy to address Mexican 
drug cartels, and a determination regarding whether 
there should be a designation established to address 
such cartels. 
(2) Information relating to actions by such car-
tels that causes harm to the United States. 
SEC. 124. GAO STUDY ON COSTS INCURRED BY STATES TO 
SECURE THE SOUTHWEST BORDER. 
(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this Act, the Comptroller General 
of the United States shall conduct a study to examine the 
costs incurred by individual States as a result of actions 
taken by such States in support of the Federal mission 
to secure the southwest border, and the feasibility of a 
program to reimburse such States for such costs. 
(b) CONTENTS.—The study required under sub-
section (a) shall include consideration of the following: 
(1) Actions taken by the Department of Home-
land Security that have contributed to costs de-
scribed in such subsection incurred by States to se-
cure the border in the absence of Federal action, in-
cluding the termination of the Migrant Protection 
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Protocols and cancellation of border wall construc-
tion. 
(2) Actions taken by individual States along the 
southwest border to secure their borders, and the 
costs associated with such actions. 
(3) The feasibility of a program within the De-
partment of Homeland Security to reimburse States 
for the costs incurred in support of the Federal mis-
sion to secure the southwest border. 
SEC. 125. REPORT BY INSPECTOR GENERAL OF THE DE-
PARTMENT OF HOMELAND SECURITY. 
(a) REPORT.—Not later than one year after the date 
of the enactment of this Act and annually thereafter for 
five years, the Inspector General of the Department of 
Homeland Security shall submit to the Committee on 
Homeland Security of the House of Representatives and 
the Committee on Homeland Security and Governmental 
Affairs of the Senate a report examining the economic and 
security impact of mass migration to municipalities and 
States along the southwest border. Such report shall in-
clude information regarding costs incurred by the fol-
lowing: 
(1) State and local law enforcement to secure 
the southwest border. 
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(2) Public school districts to educate students 
who are aliens unlawfully present in the United 
States. 
(3) Healthcare providers to provide care to 
aliens unlawfully present in the United States who 
have not paid for such care. 
(4) Farmers and ranchers due to migration im-
pacts to their properties. 
(b) CONSULTATION.—To produce the report required 
under subsection (a), the Inspector General of the Depart-
ment of Homeland Security shall consult with the individ-
uals and representatives of the entities described in para-
graphs (1) through (4) of such subsection. 
SEC. 126. OFFSETTING AUTHORIZATIONS OF APPROPRIA-
TIONS. 
(a) OFFICE OF THE SECRETARY AND EMERGENCY 
MANAGEMENT.—No funds are authorized to be appro-
priated for the Alternatives to Detention Case Manage-
ment Pilot Program or the Office of the Immigration De-
tention Ombudsman for the Office of the Secretary and 
Emergency Management of the Department of Homeland 
Security. 
(b) MANAGEMENT DIRECTORATE.—No funds are au-
thorized to be appropriated for electric vehicles or St. Eliz-
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abeths campus construction for the Management Direc-
torate of the Department of Homeland Security. 
(c) INTELLIGENCE, ANALYSIS, AND SITUATIONAL 
AWARENESS.—There is authorized to be appropriated 
$216,000,000 for Intelligence, Analysis, and Situational 
Awareness of the Department of Homeland Security. 
(d) U.S. CUSTOMS AND BORDER PROTECTION.—No 
funds are authorized to be appropriated for the Shelter 
Services Program for U.S. Customs and Border Protec-
tion. 
SEC. 127. REPORT TO CONGRESS ON FOREIGN TERRORIST 
ORGANIZATIONS. 
(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this Act and annually thereafter 
for five years, the Secretary of Homeland Security shall 
submit to the Committee on Homeland Security of the 
House of Representatives and the Committee on Home-
land Security and Governmental Affairs of the Senate an 
assessment of foreign terrorist organizations attempting 
to move their members or affiliates into the United States 
through the southern, northern, or maritime border. 
(b) DEFINITION.—In this section, the term ‘‘foreign 
terrorist organization’’ means an organization described in 
section 219 of the Immigration and Nationality Act (8 
U.S.C. 1189). 
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SEC. 128. ASSESSMENT BY INSPECTOR GENERAL OF THE 
DEPARTMENT OF HOMELAND SECURITY ON 
THE MITIGATION OF UNMANNED AIRCRAFT 
SYSTEMS AT THE SOUTHWEST BORDER. 
Not later than 90 days after the date of the enact-
ment of this Act, the Inspector General of the Department 
of Homeland Security shall submit to the Committee on 
Homeland Security of the House of Representatives and 
the Committee on Homeland Security and Governmental 
Affairs of the Senate an assessment of U.S. Customs and 
Border Protection’s ability to mitigate unmanned aircraft 
systems at the southwest border. Such assessment shall 
include information regarding any intervention between 
January 1, 2021, and the date of the enactment of this 
Act, by any Federal agency affecting in any manner U.S. 
Customs and Border Protection’s authority to so mitigate 
such systems. 
DIVISION B—IMMIGRATION EN-
FORCEMENT 
AND 
FOREIGN 
AFFAIRS 
TITLE I—ASYLUM REFORM AND 
BORDER PROTECTION 
SEC. 101. SAFE THIRD COUNTRY. 
Section 208(a)(2)(A) of the Immigration and Nation-
ality Act (8 U.S.C. 1158(a)(2)(A)) is amended— 
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(1) by striking ‘‘if the Attorney General deter-
mines’’ and inserting ‘‘if the Attorney General or the 
Secretary of Homeland Security determines—’’; 
(2) by striking ‘‘that the alien may be removed’’ 
and inserting the following: 
‘‘(i) that the alien may be removed’’; 
(3) by striking ‘‘, pursuant to a bilateral or 
multilateral agreement, to’’ and inserting ‘‘to’’; 
(4) by inserting ‘‘or the Secretary, on a case by 
case basis,’’ before ‘‘finds that’’; 
(5) by striking the period at the end and insert-
ing ‘‘; or’’; and 
(6) by adding at the end the following: 
‘‘(ii) that the alien entered, attempted to enter, 
or arrived in the United States after transiting 
through at least one country outside the alien’s 
country of citizenship, nationality, or last lawful ha-
bitual residence en route to the United States, un-
less— 
‘‘(I) the alien demonstrates that he or she 
applied for protection from persecution or tor-
ture in at least one country outside the alien’s 
country of citizenship, nationality, or last lawful 
habitual residence through which the alien 
transited en route to the United States, and the 
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alien received a final judgment denying the 
alien protection in each country; 
‘‘(II) the alien demonstrates that he or she 
was a victim of a severe form of trafficking in 
which a commercial sex act was induced by 
force, fraud, or coercion, or in which the person 
induced to perform such act was under the age 
of 18 years; or in which the trafficking included 
the recruitment, harboring, transportation, pro-
vision, or obtaining of a person for labor or 
services through the use of force, fraud, or coer-
cion for the purpose of subjection to involuntary 
servitude, peonage, debt bondage, or slavery, 
and was unable to apply for protection from 
persecution in each country through which the 
alien transited en route to the United States as 
a result of such severe form of trafficking; or 
‘‘(III) the only countries through which the 
alien transited en route to the United States 
were, at the time of the transit, not parties to 
the 1951 United Nations Convention relating to 
the Status of Refugees, the 1967 Protocol Re-
lating to the Status of Refugees, or the United 
Nations Convention against Torture and Other 
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Cruel, Inhuman or Degrading Treatment or 
Punishment.’’. 
SEC. 102. CREDIBLE FEAR INTERVIEWS. 
Section 235(b)(1)(B)(v) of the Immigration and Na-
tionality Act (8 U.S.C. 1225(b)(1)(B)(v)) is amended by 
striking ‘‘there is a significant possibility’’ and all that fol-
lows, and inserting ‘‘, taking into account the credibility 
of the statements made by the alien in support of the 
alien’s claim, as determined pursuant to section 
208(b)(1)(B)(iii), and such other facts as are known to 
the officer, the alien more likely than not could establish 
eligibility for asylum under section 208, and it is more 
likely than not that the statements made by, and on behalf 
of, the alien in support of the alien’s claim are true.’’. 
SEC. 103. CLARIFICATION OF ASYLUM ELIGIBILITY. 
(a) IN GENERAL.—Section 208(b)(1)(A) of the Im-
migration and Nationality Act (8 U.S.C. 1158(b)(1)(A)) 
is amended by inserting after ‘‘section 101(a)(42)(A)’’ the 
following: ‘‘(in accordance with the rules set forth in this 
section), and is eligible to apply for asylum under sub-
section (a)’’. 
(b) PLACE OF ARRIVAL.—Section 208(a)(1) of the 
Immigration and Nationality Act (8 U.S.C. 1158(a)(1)) 
is amended— 
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(1) by striking ‘‘or who arrives in the United 
States (whether or not at a designated port of ar-
rival and including an alien who is brought to the 
United States after having been interdicted in inter-
national or United States waters),’’; and 
(2) by inserting after ‘‘United States’’ the fol-
lowing: ‘‘and has arrived in the United States at a 
port of entry (including an alien who is brought to 
the United States after having been interdicted in 
international or United States waters),’’. 
SEC. 104. EXCEPTIONS. 
Paragraph (2) of section 208(b) of the Immigration 
and Nationality Act (8 U.S.C. 1158(b)(2)) is amended to 
read as follows: 
‘‘(2) EXCEPTIONS.— 
‘‘(A) IN
GENERAL.—Paragraph (1) shall 
not apply to an alien if the Secretary of Home-
land Security or the Attorney General deter-
mines that— 
‘‘(i) the alien ordered, incited, as-
sisted, or otherwise participated in the per-
secution of any person on account of race, 
religion, nationality, membership in a par-
ticular social group, or political opinion; 
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‘‘(ii) the alien has been convicted of 
any felony under Federal, State, tribal, or 
local law; 
‘‘(iii) the alien has been convicted of 
any misdemeanor offense under Federal, 
State, tribal, or local law involving— 
‘‘(I) the unlawful possession or 
use of an identification document, au-
thentication feature, or false identi-
fication document (as those terms and 
phrases are defined in the jurisdiction 
where the conviction occurred), unless 
the alien can establish that the convic-
tion 
resulted 
from 
circumstances 
showing that— 
‘‘(aa) the document or fea-
ture was presented before board-
ing a common carrier; 
‘‘(bb) the document or fea-
ture related to the alien’s eligi-
bility to enter the United States; 
‘‘(cc) the alien used the doc-
ument or feature to depart a 
country wherein the alien has 
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