I 
118TH CONGRESS 
1ST SESSION H. R. 5525 
Making continuing appropriations for fiscal year 2024, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 18, 2023 
Mr. DONALDS (for himself, Mr. JOHNSON of South Dakota, Mr. PERRY, Mrs. 
BICE, Mr. ROY, and Mr. ARMSTRONG) introduced the following bill; 
which was referred to the Committee on Appropriations, and in addition 
to the Committee on the Budget, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
Making continuing appropriations for fiscal year 2024, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Continuing Appropria-
tions and Border Security Enhancement Act, 2024’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
Sec. 3. References. 
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DIVISION A—CONTINUING APPROPRIATIONS ACT, 2024 
DIVISION B—OTHER MATTERS 
Sec. 101. Statutory PAYGO scorecards. 
Sec. 102. Senate PAYGO scorecards. 
Sec. 103. Classification of budgetary effects. 
DIVISION C—BORDER SECURITY 
Sec. 101. Definitions. 
Sec. 102. Border wall construction. 
Sec. 103. Strengthening the requirements for barriers along the southern bor-
der. 
Sec. 104. Border and port security technology investment plan. 
Sec. 105. Border security technology program management. 
Sec. 106. U.S. Customs and Border Protection technology upgrades. 
Sec. 107. U.S. Customs and Border Protection personnel. 
Sec. 108. Anti-Border Corruption Act reauthorization. 
Sec. 109. Establishment of workload staffing models for U.S. Border Patrol 
and Air and Marine Operations of CBP. 
Sec. 110. Operation Stonegarden. 
Sec. 111. Air and Marine Operations flight hours. 
Sec. 112. Eradication of carrizo cane and salt cedar. 
Sec. 113. Border patrol strategic plan. 
Sec. 114. U.S. Customs and Border Protection spiritual readiness. 
Sec. 115. Restrictions on funding. 
Sec. 116. Collection of DNA and biometric information at the border. 
Sec. 117. Eradication of narcotic drugs and formulating effective new tools to 
address yearly losses of life; ensuring timely updates to U.S. 
Customs and Border Protection field manuals. 
Sec. 118. Publication by U.S. Customs and Border Protection of operational 
statistics. 
Sec. 119. Alien criminal background checks. 
Sec. 120. Prohibited identification documents at airport security checkpoints; 
notification to immigration agencies. 
Sec. 121. Prohibition against any COVID–19 vaccine mandate or adverse ac-
tion against DHS employees. 
Sec. 122. CBP One app limitation. 
Sec. 123. Report on Mexican drug cartels. 
Sec. 124. GAO study on costs incurred by States to secure the southwest bor-
der. 
Sec. 125. Report by Inspector General of the Department of Homeland Secu-
rity. 
Sec. 126. Offsetting authorizations of appropriations. 
Sec. 127. Report to Congress on foreign terrorist organizations. 
Sec. 128. Assessment by Inspector General of the Department of Homeland Se-
curity on the mitigation of unmanned aircraft systems at the 
southwest border. 
DIVISION D—IMMIGRATION ENFORCEMENT AND FOREIGN 
AFFAIRS 
TITLE I—ASYLUM REFORM AND BORDER PROTECTION 
Sec. 101. Safe third country. 
Sec. 102. Credible fear interviews. 
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Sec. 103. Clarification of asylum eligibility. 
Sec. 104. Exceptions. 
Sec. 105. Employment authorization. 
Sec. 106. Asylum fees. 
Sec. 107. Rules for determining asylum eligibility. 
Sec. 108. Firm resettlement. 
Sec. 109. Notice concerning frivolous asylum applications. 
Sec. 110. Technical amendments. 
Sec. 111. Requirement for procedures relating to certain asylum applications. 
TITLE II—BORDER SAFETY AND MIGRANT PROTECTION 
Sec. 201. Inspection of applicants for admission. 
Sec. 202. Operational detention facilities. 
TITLE III—PREVENTING UNCONTROLLED MIGRATION FLOWS IN 
THE WESTERN HEMISPHERE 
Sec. 301. United States policy regarding Western Hemisphere cooperation on 
immigration and asylum. 
Sec. 302. Negotiations by Secretary of State. 
Sec. 303. Mandatory briefings on United States efforts to address the border 
crisis. 
TITLE IV—ENSURING UNITED FAMILIES AT THE BORDER 
Sec. 401. Clarification of standards for family detention. 
TITLE V—PROTECTION OF CHILDREN 
Sec. 501. Findings. 
Sec. 502. Repatriation of unaccompanied alien children. 
Sec. 503. Special immigrant juvenile status for immigrants unable to reunite 
with either parent. 
Sec. 504. Rule of construction. 
TITLE VI—VISA OVERSTAYS PENALTIES 
Sec. 601. Expanded penalties for illegal entry or presence. 
TITLE VII—IMMIGRATION PAROLE REFORM 
Sec. 701. Immigration parole reform. 
Sec. 702. Implementation. 
Sec. 703. Cause of action. 
Sec. 704. Severability. 
SEC. 3. REFERENCES. 
Except as expressly provided otherwise, any reference 
to ‘‘this Act’’ contained in any division of this Act shall 
be treated as referring only to the provisions of that divi-
sion. 
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DIVISION A—CONTINUING 
APPROPRIATIONS ACT, 2024 
The following sums are hereby appropriated, out of 
any money in the Treasury not otherwise appropriated, 
and out of applicable corporate or other revenues, receipts, 
and funds, for the several departments, agencies, corpora-
tions, and other organizational units of Government for 
fiscal year 2024, and for other purposes, namely: 
SEC. 101. (a) Such amounts as may be necessary, 
at a rate for operations as provided in the applicable ap-
propriations Acts for fiscal year 2023 and under the au-
thority and conditions provided in such Acts, for con-
tinuing projects or activities (including the costs of direct 
loans and loan guarantees) that are not otherwise specifi-
cally provided for in this Act, that were conducted in fiscal 
year 2023, and for which appropriations, funds, or other 
authority were made available in the following appropria-
tions Acts: 
(1) The Agriculture, Rural Development, Food 
and Drug Administration, and Related Agencies Ap-
propriations Act, 2023 (division A of Public Law 
117–328). 
(2) The Commerce, Justice, Science, and Re-
lated Agencies Appropriations Act, 2023 (division B 
of Public Law 117–328). 
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(10) The Military Construction, Veterans Af-
fairs, and Related Agencies Appropriations Act, 
2023 (division J of Public Law 117–328). 
(11) The Department of State, Foreign Oper-
ations, and Related Programs Appropriations Act, 
2023 (division K of Public Law 117–328). 
(12) The Transportation, Housing and Urban 
Development, and Related Agencies Appropriations 
Act, 2023 (division L of Public Law 117–328). 
(b) The rate for operations provided by subsection (a) 
is hereby reduced by 8.1285 percent, so that the total 
amount of annualized discretionary budget authority for 
fiscal year 2024 is equal to $1,590,000,000,000: Provided, 
That the reduction in this subsection will not apply to the 
rate for operations provided for the national defense budg-
et function (050), the Department of Veterans Affairs, or 
amounts designated as being for disaster relief pursuant 
to section 251(b)(2)(D) of the Balanced Budget and 
Emergency Deficit Control Act of 1985. 
SEC. 102. (a) No appropriation or funds made avail-
able or authority granted pursuant to section 101 for the 
Department of Defense shall be used for: 
(1) the new production of items not funded for 
production in fiscal year 2023 or prior years; 
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(2) the increase in production rates above those 
sustained with fiscal year 2023 funds; or 
(3) the initiation, resumption, or continuation 
of any project, activity, operation, or organization 
(defined as any project, subproject, activity, budget 
activity, program element, and subprogram within a 
program element, and for any investment items de-
fined as a P–1 line item in a budget activity within 
an appropriation account and an R–1 line item that 
includes a program element and subprogram element 
within an appropriation account) for which appro-
priations, funds, or other authority were not avail-
able during fiscal year 2023. 
(b) No appropriation or funds made available or au-
thority granted pursuant to section 101 for the Depart-
ment of Defense shall be used to initiate multi-year pro-
curements utilizing advance procurement funding for eco-
nomic order quantity procurement unless specifically ap-
propriated later. 
SEC. 103. Appropriations made by section 101 shall 
be available to the extent and in the manner that would 
be provided by the pertinent appropriations Act. 
SEC. 104. Except as otherwise provided in section 
102, no appropriation or funds made available or author-
ity granted pursuant to section 101 shall be used to ini-
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tiate or resume any project or activity for which appro-
priations, funds, or other authority were not available dur-
ing fiscal year 2023. 
SEC. 105. Appropriations made and authority grant-
ed pursuant to this Act shall cover all obligations or ex-
penditures incurred for any project or activity during the 
period for which funds or authority for such project or 
activity are available under this Act. 
SEC. 106. Unless otherwise provided for in this Act 
or in the applicable appropriations Act for fiscal year 
2024, appropriations and funds made available and au-
thority granted pursuant to this Act shall be available 
until whichever of the following first occurs: 
(1) The enactment into law of an appropriation 
for any project or activity provided for in this Act. 
(2) The enactment into law of the applicable 
appropriations Act for fiscal year 2024 without any 
provision for such project or activity. 
(3) October 31, 2023. 
SEC. 107. Expenditures made pursuant to this Act 
shall be charged to the applicable appropriation, fund, or 
authorization whenever a bill in which such applicable ap-
propriation, fund, or authorization is contained is enacted 
into law. 
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SEC. 108. Appropriations made and funds made 
available by or authority granted pursuant to this Act may 
be used without regard to the time limitations for submis-
sion and approval of apportionments set forth in section 
1513 of title 31, United States Code, but nothing in this 
Act may be construed to waive any other provision of law 
governing the apportionment of funds. 
SEC. 109. Notwithstanding any other provision of 
this Act, except section 106, for those programs that 
would otherwise have high initial rates of operation or 
complete distribution of appropriations at the beginning 
of fiscal year 2024 because of distributions of funding to 
States, foreign countries, grantees, or others, such high 
initial rates of operation or complete distribution shall not 
be made, and no grants shall be awarded for such pro-
grams funded by this Act that would impinge on final 
funding prerogatives. 
SEC. 110. This Act shall be implemented so that only 
the most limited funding action of that permitted in the 
Act shall be taken in order to provide for continuation of 
projects and activities. 
SEC. 111. (a) For entitlements and other mandatory 
payments whose budget authority was provided in appro-
priations Acts for fiscal year 2023, and for activities under 
the Food and Nutrition Act of 2008, activities shall be 
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continued at the rate to maintain program levels under 
current law, under the authority and conditions provided 
in the applicable appropriations Act for fiscal year 2023, 
to be continued through the date specified in section 
106(3). 
(b) Notwithstanding section 106, obligations for man-
datory payments due on or about the first day of any 
month that begins after October 2023 but not later than 
30 days after the date specified in section 106(3) may con-
tinue to be made, and funds shall be available for such 
payments. 
SEC. 112. Amounts made available under section 101 
for civilian personnel compensation and benefits in each 
department and agency may be apportioned up to the rate 
for operations necessary to avoid furloughs within such de-
partment or agency, consistent with the applicable appro-
priations Act for fiscal year 2023, except that such author-
ity provided under this section shall not be used until after 
the department or agency has taken all necessary actions 
to reduce or defer non-personnel-related administrative ex-
penses. 
SEC. 113. Funds appropriated by this Act may be 
obligated and expended notwithstanding section 10 of 
Public Law 91–672 (22 U.S.C. 2412), section 15 of the 
State Department Basic Authorities Act of 1956 (22 
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U.S.C. 2680), section 313 of the Foreign Relations Au-
thorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 
6212), and section 504(a)(1) of the National Security Act 
of 1947 (50 U.S.C. 3094(a)(1)). 
SEC. 114. (a) Each amount incorporated by reference 
in this Act that was previously designated by the Congress 
as an emergency requirement pursuant to section 
4001(a)(1) of S. Con. Res. 14 (117th Congress), the con-
current resolution on the budget for fiscal year 2022, and 
section 1(e) of H. Res. 1151 (117th Congress), as en-
grossed in the House of Representatives on June 8, 2022, 
is designated by the Congress as an emergency require-
ment pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985. 
(b) Each amount incorporated by reference in this 
Act that was previously designated as being for disaster 
relief pursuant to a concurrent resolution on the budget 
in the Senate and section 1(f) of H. Res. 1151 (117th 
Congress), as engrossed in the House of Representatives 
on June 8, 2022, is designated by the Congress as being 
for disaster relief pursuant to section 251(b)(2)(D) of 
such Act. 
(c) This section shall become effective immediately 
upon enactment of this Act, and shall remain in effect 
through the date in section 106(3). 
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SEC. 115. (a) Rescissions or cancellations of discre-
tionary budget authority that continue pursuant to section 
101 in Treasury Appropriations Fund Symbols (TAFS)— 
(1) to which other appropriations are not pro-
vided by this Act, but for which there is a current 
applicable TAFS that does receive an appropriation 
in this Act; or 
(2) which are no-year TAFS and receive other 
appropriations in this Act, 
may be continued instead by reducing the rate for oper-
ations otherwise provided by section 101 for such current 
applicable TAFS, as long as doing so does not impinge 
on the final funding prerogatives of the Congress. 
(b) Rescissions or cancellations described in sub-
section (a) shall continue in an amount equal to the lesser 
of— 
(1) the amount specified for rescission or can-
cellation in the applicable appropriations Act ref-
erenced in section 101 of this Act; or 
(2) the amount of balances available, as of Oc-
tober 1, 2023, from the funds specified for rescission 
or cancellation in the applicable appropriations Act 
referenced in section 101 of this Act. 
(c) No later than October 11, 2023, the Director of 
the Office of Management and Budget shall provide to the 
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Committees on Appropriations of the House of Represent-
atives and the Senate a comprehensive list of the rescis-
sions or cancellations that will continue pursuant to sec-
tion 101: Provided, That the information in such com-
prehensive list shall be periodically updated to reflect any 
subsequent changes in the amount of balances available, 
as of October 1, 2023, from the funds specified for rescis-
sion or cancellation in the applicable appropriations Act 
referenced in section 101, and such updates shall be trans-
mitted to the Committees on Appropriations of the House 
of Representatives and the Senate upon request. 
SEC. 116. Amounts made available by section 101 for 
‘‘Farm Service Agency—Agricultural Credit Insurance 
Fund Program Account’’ may be apportioned up to the 
rate for operations necessary to accommodate approved 
applications for direct and guaranteed farm ownership 
loans, as authorized by 7 U.S.C. 1922 et seq. 
SEC. 117. Amounts made available by section 101 to 
the Department of Agriculture for ‘‘Rural Housing Serv-
ice—Rental Assistance Program’’ may be apportioned up 
to the rate for operations necessary to maintain activities 
as authorized by section 521(a)(2) of the Housing Act of 
1949. 
SEC. 118. Section 260 of the Agricultural Marketing 
Act of 1946 (7 U.S.C. 1636i) and section 942 of the Live-
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stock Mandatory Reporting Act of 1999 (7 U.S.C. 1635 
note; Public Law 106–78) shall be applied by substituting 
the date specified in section 106(3) of this Act for ‘‘Sep-
tember 30, 2023’’. 
SEC. 119. Notwithstanding sections 102 and 104 of 
this Act, amounts made available by section 101(3) for 
the Department of Defense may be apportioned up to the 
rate for operations necessary to facilitate the programs 
and activities set forth in H.R. 4365, the Department of 
Defense Appropriations Act, 2024, reported by the House 
Committee on Appropriations on June 27, 2023, subject 
to the terms and conditions therein. 
SEC. 120. Notwithstanding sections 102 and 104 of 
this Act, amounts made available by section 101 to the 
Department of Defense for ‘‘Shipbuilding and Conversion, 
Navy’’ shall be available for the procurement of one Co-
lumbia Class Submarine. 
SEC. 121. During the period covered by this Act, sec-
tion 714(b)(2)(B) of title 10, United States Code, shall 
be applied by substituting ‘‘four years’’ for ‘‘two years’’. 
SEC. 122. In addition to amounts otherwise provided 
by section 101, amounts are provided for ‘‘Department of 
Energy—Energy Programs—Nuclear Energy’’ at a rate 
for operations of $220,000,000: Provided, That amounts 
are provided for necessary expenses related to Risk Reduc-
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tion for Future Demonstrations at a rate for operations 
of $120,000,000 and Advanced Nuclear Fuel Availability 
at a rate for operations of $100,000,000. 
SEC. 123. Amounts made available by section 101 for 
‘‘Small Business Administration—Business Loans Pro-
gram Account’’ may be apportioned up to the rate for op-
erations necessary to accommodate increased demand for 
commitments for general business loans authorized under 
paragraphs (1) through (35) of section 7(a) of the Small 
Business Act (15 U.S.C. 636(a)), for commitments to 
guarantee trust certificates authorized by section 5(g) of 
the Small Business Act (15 U.S.C. 634(g)), for commit-
ments to guarantee loans under section 503 of the Small 
Business Investment Act of 1958 (15 U.S.C. 697), and 
for commitments to guarantee loans for debentures under 
section 303(b) of the Small Business Investment Act of 
1958 (15 U.S.C. 683(b)). 
SEC. 124. Notwithstanding any other provision of 
this Act, except section 106, the District of Columbia may 
expend local funds made available under the heading ‘‘Dis-
trict of Columbia—District of Columbia Funds’’ for such 
programs and activities under the District of Columbia 
Appropriations Act, 2023 (title IV of division E of Public 
Law 117–328) at the rate set forth in the Fiscal Year 
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2024 Local Budget Act of 2023 (D.C. Bill 25–161), as 
modified as of the date of enactment of this Act. 
SEC. 125. Amounts made available by section 101 to 
the Department of Homeland Security under the heading 
‘‘Federal Emergency Management Agency—Disaster Re-
lief Fund’’ may be apportioned up to the rate for oper-
ations necessary to carry out response and recovery activi-
ties under the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5121 et seq.). 
SEC. 126. Amounts provided by section 101 shall not 
be made available to utilize the U.S. Customs and Border 
Protection CBP One Application, or any successor appli-
cation, to facilitate the parole of any alien into the United 
States. 
SEC. 127. (a) Amounts provided by section 101 shall 
not be made available to transport aliens unlawfully 
present in, paroled into, or inadmissible to the United 
States into the interior of the United States for purposes 
other than enforcement of the immigration laws (as such 
term is defined in section 101 of the Immigration and Na-
tionality Act (8 U.S.C. 1101)). 
(b) The limitation under subsection (a) shall not 
apply with respect to amounts made available to transport 
unaccompanied alien children (as such term is defined in 
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section 462 of the Homeland Security Act of 2002 (6 
U.S.C. 279)). 
SEC. 128. Amounts provided by section 101 shall not 
be made available to issue any employment authorization 
document or similar document to any alien whose applica-
tion for asylum in the United States has been denied, or 
who is convicted of a Federal or State crime while his or 
her application for asylum in the United States is pending. 
SEC. 129. Amounts provided by section 101 shall not 
be made available to obligate, expend, or transfer to an-
other Federal agency, board, or commission to be used to 
dismantle, demolish, remove, or damage existing United 
States-Mexico physical barriers at any location where such 
barriers have been constructed as of the date of enactment 
of this Act unless such barrier is simultaneously being re-
paired or replaced. 
SEC. 130. Amounts provided by section 101 shall not 
be made available to implement, administer, or otherwise 
carry out the activities and policies described in the memo-
randum issued by the Secretary of Homeland Security on 
September 30, 2021, entitled ‘‘Guidelines for the Enforce-
ment of Civil Immigration Law’’ or described in the 
memorandum issued by Kerry Doyle, Immigration and 
Customs Enforcement Principal Legal Advisor on April 3, 
2022, entitled ‘‘Guidance to OPLA Attorneys Regarding 
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the Enforcement of Civil Immigration Laws and the Exer-
cise of 20 Prosecutorial Discretion’’ or any successor or 
similar memorandum or policy. 
SEC. 131. Amounts provided by section 101 shall not 
be made available to implement, administer, or otherwise 
carry out the policies described in the directive issued by 
the Acting Commissioner of U.S. Customs and Border 
Protection on January 10, 2023, entitled ‘‘Emergency 
Driving and Vehicular Pursuits’’. 
SEC. 132. Amounts provided by section 101 shall not 
be made available to implement, administer, or enforce the 
rule entitled ‘‘Procedures or Credible Fear Screening and 
Consideration of Asylum, Withholding of Removal, and 
CAT Protection Claims by Asylum Officers’’ (87 Fed. 
Reg. 18078). 
SEC. 133. Amounts provided by section 101 shall not 
be made available to release (including pursuant to parole 
or release pursuant to section 236(a) of the Immigration 
and Nationality Act but excluding as expressly authorized 
pursuant to section 212(d)(5)) an alien described in sec-
tion 235(b)(1)(A)(i)–(ii), (b)(1)(B), or (b)(2), other than 
to be removed, including to a country described in section 
208(a)(2)(A), or returned to a country as described in sec-
tion 235(b)(3). 
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SEC. 134. Amounts provided by section 101 shall not 
be made available to implement, administer, or enforce the 
rule related to ‘‘Circumvention of Lawful Pathways’’ (88 
Fed. Reg. 11704). 
SEC. 135. (a) Sections 1309(a) and 1319 of the Na-
tional Flood Insurance Act of 1968 (42 U.S.C. 4016(a) 
and 4026) shall be applied by substituting the date speci-
fied in section 106(3) of this Act for ‘‘September 30, 
2023’’. 
(b)(1) Subject to paragraph (2), this section shall be-
come effective immediately upon enactment of this Act. 
(2) If this Act is enacted after September 30, 2023, 
this section shall be applied as if it were in effect on Sep-
tember 30, 2023. 
SEC. 136. (a) Of the amounts made available pursu-
ant to section 40803(c)(2) of Public Law 117–58, the Sec-
retary of Agriculture shall transfer to the Secretary of the 
Interior such sums as are necessary to continue without 
interruption the Federal wildland firefighter base salary 
increase provided under Section 40803(d)(4)(B) of such 
Public Law. 
(b) In carrying out subsection (a), the Secretary of 
Agriculture— 
(1) may make more than one transfer of funds 
under this section; and 
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(2) may not transfer a total amount of funds 
greater than $17,250,000. 
(c) No funds transferred pursuant to this section may 
be obligated without prior written notification, to the Com-
mittees on Appropriations of the House of Representatives 
and the Senate, of the date of the transfer, the total 
amount to be transferred, and the remaining funds avail-
able for transfer. 
SEC. 137. Notwithstanding section 101, section 126 
of Division J of Public Law 117–328 shall be applied dur-
ing the period covered by this Act by substituting ‘‘fiscal 
year 2017, fiscal year 2018, and fiscal year 2019’’ for ‘‘fis-
cal year 2017 and fiscal year 2018’’. 
This division may be cited as the ‘‘Continuing Appro-
priations Act, 2024’’. 
DIVISION B—OTHER MATTERS 
SEC. 101. STATUTORY PAYGO SCORECARDS. 
The budgetary effects of this division and each suc-
ceeding division shall not be entered on either PAYGO 
scorecard maintained pursuant to section 4(d) of the Stat-
utory Pay-As-You-Go Act of 2010. 
SEC. 102. SENATE PAYGO SCORECARDS. 
The budgetary effects of this division and each suc-
ceeding division shall not be entered on any PAYGO score-
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card maintained for purposes of section 4106 of H. Con. 
Res. 71 (115th Congress). 
SEC. 103. CLASSIFICATION OF BUDGETARY EFFECTS. 
Notwithstanding Rule 3 of the Budget Scorekeeping 
Guidelines set forth in the joint explanatory statement of 
the committee of conference accompanying Conference Re-
port 105–217 and section 250(c)(8) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, the 
budgetary effects of this division and each succeeding divi-
sion shall not be estimated— 
(1) for purposes of section 251 of such Act; 
(2) for purposes of an allocation to the Com-
mittee on Appropriations pursuant to section 302(a) 
of the Congressional Budget Act of 1974; and 
(3) for purposes of paragraph (4)(C) of section 
3 of the Statutory Pay-As-You-Go Act of 2010 as 
being included in an appropriation Act. 
DIVISION C—BORDER SECURITY 
SEC. 101. DEFINITIONS. 
In this division: 
(1) CBP.—The term ‘‘CBP’’ means U.S. Cus-
toms and Border Protection. 
(2) 
COMMISSIONER.—The 
term 
‘‘Commis-
sioner’’ means the Commissioner of U.S. Customs 
and Border Protection. 
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(3) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Homeland Security. 
(4) OPERATIONAL CONTROL.—The term ‘‘oper-
ational control’’ has the meaning given such term in 
section 2(b) of the Secure Fence Act of 2006 (Public 
Law 109–367; 8 U.S.C. 1701 note). 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
(6) SITUATIONAL AWARENESS.—The term ‘‘sit-
uational awareness’’ has the meaning given such 
term in section 1092(a)(7) of the National Defense 
Authorization Act for Fiscal Year 2017 (Public Law 
114–328; 6 U.S.C. 223(a)(7)). 
(7) UNMANNED AIRCRAFT SYSTEM.—The term 
‘‘unmanned aircraft system’’ has the meaning given 
such term in section 44801 of title 49, United 
States Code. 
SEC. 102. BORDER WALL CONSTRUCTION. 
(a) IN GENERAL.— 
(1) IMMEDIATE RESUMPTION OF BORDER WALL 
CONSTRUCTION.—Not later than seven days after 
the date of the enactment of this Act, the Secretary 
shall resume all activities related to the construction 
of the border wall along the border between the 
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United States and Mexico that were underway or 
being planned for prior to January 20, 2021. 
(2) USE OF FUNDS.—To carry out this section, 
the Secretary shall expend all unexpired funds ap-
propriated or explicitly obligated for the construction 
of the border wall that were appropriated or obli-
gated, as the case may be, for use beginning on Oc-
tober 1, 2019. 
(3) USE OF MATERIALS.—Any unused materials 
purchased before the date of the enactment of this 
Act for construction of the border wall may be used 
for activities related to the construction of the bor-
der wall in accordance with paragraph (1). 
(b) PLAN TO COMPLETE TACTICAL INFRASTRUC-
TURE AND TECHNOLOGY.—Not later than 90 days after 
the date of the enactment of this Act and annually there-
after until construction of the border wall has been com-
pleted, the Secretary shall submit to the appropriate con-
gressional committees an implementation plan, including 
annual benchmarks for the construction of 200 miles of 
such wall and associated cost estimates for satisfying all 
requirements of the construction of the border wall, in-
cluding installation and deployment of tactical infrastruc-
ture, technology, and other elements as identified by the 
Department prior to January 20, 2021, through the ex-
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penditure of funds appropriated or explicitly obligated, as 
the case may be, for use, as well as any future funds ap-
propriated or otherwise made available by Congress. 
(c) DEFINITIONS.—In this section: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means the Committee on Homeland Secu-
rity and the Committee on Appropriations of the 
House of Representatives and the Committee on 
Homeland Security and Governmental Affairs and 
the Committee on Appropriations of the Senate. 
(2) TACTICAL
INFRASTRUCTURE.—The term 
‘‘tactical infrastructure’’ includes boat ramps, access 
gates, checkpoints, lighting, and roads associated 
with a border wall. 
(3) TECHNOLOGY.—The term ‘‘technology’’ in-
cludes border surveillance and detection technology, 
including linear ground detection systems, associated 
with a border wall. 
SEC. 103. STRENGTHENING THE REQUIREMENTS FOR BAR-
RIERS ALONG THE SOUTHERN BORDER. 
Section 102 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (Division C of Pub-
lic Law 104–208; 8 U.S.C. 1103 note) is amended— 
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(1) by amending subsection (a) to read as fol-
lows: 
‘‘(a) IN GENERAL.—The Secretary of Homeland Se-
curity shall take such actions as may be necessary (includ-
ing the removal of obstacles to detection of illegal en-
trants) to design, test, construct, install, deploy, integrate, 
and operate physical barriers, tactical infrastructure, and 
technology in the vicinity of the southwest border to 
achieve situational awareness and operational control of 
the southwest border and deter, impede, and detect unlaw-
ful activity.’’; 
(2) in subsection (b)— 
(A) in the subsection heading, by striking 
‘‘FENCING AND ROAD IMPROVEMENTS’’ and in-
serting ‘‘PHYSICAL BARRIERS’’; 
(B) in paragraph (1)— 
(i) in the heading, by striking ‘‘FENC-
ING’’ and inserting ‘‘BARRIERS’’; 
(ii) by amending subparagraph (A) to 
read as follows: 
‘‘(A) REINFORCED BARRIERS.—In carrying 
out this section, the Secretary of Homeland Se-
curity shall construct a border wall, including 
physical barriers, tactical infrastructure, and 
technology, along not fewer than 900 miles of 
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the southwest border until situational aware-
ness and operational control of the southwest 
border is achieved.’’; 
(iii) by amending subparagraph (B) to 
read as follows: 
‘‘(B) PHYSICAL BARRIERS AND TACTICAL 
INFRASTRUCTURE.—In carrying out this sec-
tion, the Secretary of Homeland Security shall 
deploy along the southwest border the most 
practical and effective physical barriers, tactical 
infrastructure, and technology available for 
achieving situational awareness and operational 
control of the southwest border.’’; 
(iv) in subparagraph (C)— 
(I) by amending clause (i) to 
read as follows: 
‘‘(i) IN
GENERAL.—In carrying out 
this section, the Secretary of Homeland 
Security shall consult with the Secretary of 
the Interior, the Secretary of Agriculture, 
appropriate representatives of State, Trib-
al, and local governments, and appropriate 
private property owners in the United 
States to minimize the impact on natural 
resources, commerce, and sites of historical 
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or cultural significance for the commu-
nities and residents located near the sites 
at which physical barriers, tactical infra-
structure, and technology are to be con-
structed. Such consultation may not delay 
such construction for longer than seven 
days.’’; and 
(II) in clause (ii)— 
(aa) in subclause (I), by 
striking ‘‘or’’ after the semicolon 
at the end; 
(bb) by amending subclause 
(II) to read as follows: 
‘‘(II) delay the transfer to the 
United States of the possession of 
property or affect the validity of any 
property acquisition by the United 
States by purchase or eminent do-
main, or to otherwise affect the emi-
nent domain laws of the United States 
or of any State; or’’; and 
(cc) by adding at the end 
the following new subclause: 
‘‘(III) create any right or liability 
for any party.’’; and 
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(v) by striking subparagraph (D); 
(C) in paragraph (2)— 
(i) by striking ‘‘Attorney General’’ 
and inserting ‘‘Secretary of Homeland Se-
curity’’; 
(ii) by striking ‘‘this subsection’’ and 
inserting ‘‘this section’’; and 
(iii) by striking ‘‘construction of 
fences’’ and inserting ‘‘the construction of 
physical barriers, tactical infrastructure, 
and technology’’; 
(D) by amending paragraph (3) to read as 
follows: 
‘‘(3) AGENT SAFETY.—In carrying out this sec-
tion, the Secretary of Homeland Security, when de-
signing, testing, constructing, installing, deploying, 
integrating, and operating physical barriers, tactical 
infrastructure, or technology, shall incorporate such 
safety features into such design, test, construction, 
installation, deployment, integration, or operation of 
such physical barriers, tactical infrastructure, or 
technology, as the case may be, that the Secretary 
determines are necessary to maximize the safety and 
effectiveness of officers and agents of the Depart-
ment of Homeland Security or of any other Federal 
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agency deployed in the vicinity of such physical bar-
riers, tactical infrastructure, or technology.’’; and 
(E) in paragraph (4), by striking ‘‘this 
subsection’’ and inserting ‘‘this section’’; 
(3) in subsection (c)— 
(A) by amending paragraph (1) to read as 
follows: 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, the Secretary of Homeland Security 
shall waive all legal requirements necessary to en-
sure the expeditious design, testing, construction, in-
stallation, deployment, integration, operation, and 
maintenance of the physical barriers, tactical infra-
structure, and technology under this section. The 
Secretary shall ensure the maintenance and effec-
tiveness of such physical barriers, tactical infrastruc-
ture, or technology. Any such action by the Sec-
retary shall be effective upon publication in the Fed-
eral Register.’’; 
(B) by redesignating paragraph (2) as 
paragraph (3); and 
(C) by inserting after paragraph (1) the 
following new paragraph: 
‘‘(2) NOTIFICATION.—Not later than seven 
days after the date on which the Secretary of Home-
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land Security exercises a waiver pursuant to para-
graph (1), the Secretary shall notify the Committee 
on Homeland Security of the House of Representa-
tives and the Committee on Homeland Security and 
Governmental Affairs of the Senate of such waiver.’’; 
and 
(4) by adding at the end the following new sub-
sections: 
‘‘(e) TECHNOLOGY.—In carrying out this section, the 
Secretary of Homeland Security shall deploy along the 
southwest border the most practical and effective tech-
nology available for achieving situational awareness and 
operational control. 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) ADVANCED UNATTENDED SURVEILLANCE 
SENSORS.—The term ‘advanced unattended surveil-
lance sensors’ means sensors that utilize an onboard 
computer to analyze detections in an effort to dis-
cern between vehicles, humans, and animals, and ul-
timately filter false positives prior to transmission. 
‘‘(2) OPERATIONAL CONTROL.—The term ‘oper-
ational control’ has the meaning given such term in 
section 2(b) of the Secure Fence Act of 2006 (Public 
Law 109–367; 8 U.S.C. 1701 note). 
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‘‘(3) PHYSICAL BARRIERS.—The term ‘physical 
barriers’ includes reinforced fencing, the border wall, 
and levee walls. 
‘‘(4) SITUATIONAL AWARENESS.—The term ‘sit-
uational awareness’ has the meaning given such 
term in section 1092(a)(7) of the National Defense 
Authorization Act for Fiscal Year 2017 (Public Law 
114–328; 6 U.S.C. 223(a)(7)). 
‘‘(5) TACTICAL
INFRASTRUCTURE.—The term 
‘tactical infrastructure’ includes boat ramps, access 
gates, checkpoints, lighting, and roads. 
‘‘(6) TECHNOLOGY.—The term ‘technology’ in-
cludes border surveillance and detection technology, 
including the following: 
‘‘(A) Tower-based surveillance technology. 
‘‘(B) Deployable, lighter-than-air ground 
surveillance equipment. 
‘‘(C) Vehicle and Dismount Exploitation 
Radars (VADER). 
‘‘(D) 3-dimensional, seismic acoustic detec-
tion and ranging border tunneling detection 
technology. 
‘‘(E) Advanced unattended surveillance 
sensors. 
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‘‘(F) Mobile vehicle-mounted and man- 
portable surveillance capabilities. 
‘‘(G) Unmanned aircraft systems. 
‘‘(H) Tunnel detection systems and other 
seismic technology. 
‘‘(I) Fiber-optic cable. 
‘‘(J) Other border detection, communica-
tion, and surveillance technology. 
‘‘(7) UNMANNED AIRCRAFT SYSTEM.—The term 
‘unmanned aircraft system’ has the meaning given 
such term in section 44801 of title 49, United 
States Code.’’. 
SEC. 104. BORDER AND PORT SECURITY TECHNOLOGY IN-
VESTMENT PLAN. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Commissioner, in 
consultation with covered officials and border and port se-
curity technology stakeholders, shall submit to the appro-
priate congressional committees a strategic 5-year tech-
nology investment plan (in this section referred to as the 
‘‘plan’’). The plan may include a classified annex, if appro-
priate. 
(b) CONTENTS OF PLAN.—The plan shall include the 
following: 
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(1) An analysis of security risks at and between 
ports of entry along the northern and southern bor-
ders of the United States. 
(2) An identification of capability gaps with re-
spect to security at and between such ports of entry 
to be mitigated in order to— 
(A) prevent terrorists and instruments of 
terror from entering the United States; 
(B) combat and reduce cross-border crimi-
nal activity, including— 
(i) the transport of illegal goods, such 
as illicit drugs; and 
(ii) human smuggling and human 
trafficking; and 
(C) facilitate the flow of legal trade across 
the southwest border. 
(3) An analysis of current and forecast trends 
relating to the number of aliens who— 
(A) unlawfully entered the United States 
by crossing the northern or southern border of 
the United States; or 
(B) are unlawfully present in the United 
States. 
(4) A description of security-related technology 
acquisitions, to be listed in order of priority, to ad-
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dress the security risks and capability gaps analyzed 
and identified pursuant to paragraphs (1) and (2), 
respectively. 
(5) A description of each planned security-re-
lated technology program, including objectives, goals, 
and timelines for each such program. 
(6) An identification of each deployed security- 
related technology that is at or near the end of the 
life cycle of such technology. 
(7) A description of the test, evaluation, mod-
eling, and simulation capabilities, including target 
methodologies, rationales, and timelines, necessary 
to support the acquisition of security-related tech-
nologies pursuant to paragraph (4). 
(8) An identification and assessment of ways to 
increase opportunities for communication and col-
laboration with the private sector, small and dis-
advantaged businesses, intragovernment entities, 
university centers of excellence, and federal labora-
tories to ensure CBP is able to engage with the mar-
ket for security-related technologies that are avail-
able to satisfy its mission needs before engaging in 
an acquisition of a security-related technology. 
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(9) An assessment of the management of 
planned security-related technology programs by the 
acquisition workforce of CBP. 
(10) An identification of ways to leverage al-
ready-existing acquisition expertise within the Fed-
eral Government. 
(11) A description of the security resources, in-
cluding information security resources, required to 
protect security-related technology from physical or 
cyber theft, diversion, sabotage, or attack. 
(12) A description of initiatives to— 
(A) streamline the acquisition process of 
CBP; and 
(B) provide to the private sector greater 
predictability and transparency with respect to 
such process, including information relating to 
the timeline for testing and evaluation of secu-
rity-related technology. 
(13) An assessment of the privacy and security 
impact on border communities of security-related 
technology. 
(14) In the case of a new acquisition leading to 
the removal of equipment from a port of entry along 
the northern or southern border of the United 
States, a strategy to consult with the private sector 
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and community stakeholders affected by such re-
moval. 
(15) A strategy to consult with the private sec-
tor and community stakeholders with respect to se-
curity impacts at a port of entry described in para-
graph (14). 
(16) An identification of recent technological 
advancements in the following: 
(A) Manned aircraft sensor, communica-
tion, and common operating picture technology. 
(B) Unmanned aerial systems and related 
technology, including counter-unmanned aerial 
system technology. 
(C) Surveillance technology, including the 
following: 
(i) Mobile surveillance vehicles. 
(ii) Associated electronics, including 
cameras, sensor technology, and radar. 
(iii) Tower-based surveillance tech-
nology. 
(iv) Advanced unattended surveillance 
sensors. 
(v) 
Deployable, 
lighter-than-air, 
ground surveillance equipment. 
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(D) Nonintrusive inspection technology, in-
cluding non-x-ray devices utilizing muon tomog-
raphy and other advanced detection technology. 
(E) Tunnel detection technology. 
(F) Communications equipment, including 
the following: 
(i) Radios. 
(ii) Long-term evolution broadband. 
(iii) Miniature satellites. 
(c) LEVERAGING THE PRIVATE SECTOR.—To the ex-
tent practicable, the plan shall— 
(1) leverage emerging technological capabilities, 
and research and development trends, within the 
public and private sectors; 
(2) incorporate input from the private sector, 
including from border and port security stake-
holders, through requests for information, industry 
day events, and other innovative means consistent 
with the Federal Acquisition Regulation; and 
(3) identify security-related technologies that 
are in development or deployed, with or without ad-
aptation, that may satisfy the mission needs of CBP. 
(d) FORM.—To the extent practicable, the plan shall 
be published in unclassified form on the website of the 
Department. 
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(e) DISCLOSURE.—The plan shall include an identi-
fication of individuals not employed by the Federal Gov-
ernment, and their professional affiliations, who contrib-
uted to the development of the plan. 
(f) UPDATE AND REPORT.—Not later than the date 
that is two years after the date on which the plan is sub-
mitted to the appropriate congressional committees pursu-
ant to subsection (a) and biennially thereafter for ten 
years, the Commissioner shall submit to the appropriate 
congressional committees— 
(1) an update of the plan, if appropriate; and 
(2) a report that includes— 
(A) the extent to which each security-re-
lated technology acquired by CBP since the ini-
tial submission of the plan or most recent up-
date of the plan, as the case may be, is con-
sistent with the planned technology programs 
and projects described pursuant to subsection 
(b)(5); and 
(B) the type of contract and the reason for 
acquiring each such security-related technology. 
(g) DEFINITIONS.—In this section: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
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(A) the Committee on Homeland Security 
and the Committee on Appropriations of the 
House of Representatives; and 
(B) the Committee on Homeland Security 
and Governmental Affairs and the Committee 
on Appropriations of the Senate. 
(2) COVERED OFFICIALS.—The term ‘‘covered 
officials’’ means— 
(A) the Under Secretary for Management 
of the Department; 
(B) the Under Secretary for Science and 
Technology of the Department; and 
(C) the Chief Information Officer of the 
Department. 
(3) UNLAWFULLY
PRESENT.—The term ‘‘un-
lawfully present’’ has the meaning provided such 
term in section 212(a)(9)(B)(ii) of the Immigration 
and Nationality Act (8 U.S.C. 1182(a)(9)(B)(ii)). 
SEC. 105. BORDER SECURITY TECHNOLOGY PROGRAM 
MANAGEMENT. 
(a) IN GENERAL.—Subtitle C of title IV of the 
Homeland Security Act of 2002 (6 U.S.C. 231 et seq.) 
is amended by adding at the end the following new section: 
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‘‘SEC. 437. BORDER SECURITY TECHNOLOGY PROGRAM 
MANAGEMENT. 
‘‘(a) MAJOR ACQUISITION PROGRAM DEFINED.—In 
this section, the term ‘major acquisition program’ means 
an acquisition program of the Department that is esti-
mated by the Secretary to require an eventual total ex-
penditure of at least $100,000,000 (based on fiscal year 
2023 constant dollars) over its life-cycle cost. 
‘‘(b) PLANNING DOCUMENTATION.—For each border 
security technology acquisition program of the Depart-
ment that is determined to be a major acquisition pro-
gram, the Secretary shall— 
‘‘(1) ensure that each such program has a writ-
ten acquisition program baseline approved by the 
relevant acquisition decision authority; 
‘‘(2) document that each such program is satis-
fying cost, schedule, and performance thresholds as 
specified in such baseline, in compliance with rel-
evant departmental acquisition policies and the Fed-
eral Acquisition Regulation; and 
‘‘(3) have a plan for satisfying program imple-
mentation objectives by managing contractor per-
formance. 
‘‘(c) ADHERENCE TO STANDARDS.—The Secretary, 
acting through the Under Secretary for Management and 
the Commissioner of U.S. Customs and Border Protection, 
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shall ensure border security technology acquisition pro-
gram managers who are responsible for carrying out this 
section adhere to relevant internal control standards iden-
tified by the Comptroller General of the United States. 
The Commissioner shall provide information, as needed, 
to assist the Under Secretary in monitoring management 
of border security technology acquisition programs under 
this section. 
‘‘(d) PLAN.—The Secretary, acting through the 
Under Secretary for Management, in coordination with 
the Under Secretary for Science and Technology and the 
Commissioner of U.S. Customs and Border Protection, 
shall submit to the Committee on Homeland Security of 
the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Sen-
ate a plan for testing, evaluating, and using independent 
verification and validation of resources relating to the pro-
posed acquisition of border security technology. Under 
such plan, the proposed acquisition of new border security 
technologies shall be evaluated through a series of assess-
ments, processes, and audits to ensure— 
‘‘(1) compliance with relevant departmental ac-
quisition policies and the Federal Acquisition Regu-
lation; and 
‘‘(2) the effective use of taxpayer dollars.’’. 
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(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 is 
amended by inserting after the item relating to section 
436 the following new item: 
‘‘Sec. 437. Border security technology program management.’’. 
(c) PROHIBITION ON ADDITIONAL AUTHORIZATION 
OF APPROPRIATIONS.—No additional funds are author-
ized to be appropriated to carry out section 437 of the 
Homeland Security Act of 2002, as added by subsection 
(a). 
SEC. 106. U.S. CUSTOMS AND BORDER PROTECTION TECH-
NOLOGY UPGRADES. 
(a) SECURE COMMUNICATIONS.—The Commissioner 
shall ensure that each CBP officer or agent, as appro-
priate, is equipped with a secure radio or other two-way 
communication device that allows each such officer or 
agent to communicate— 
(1) between ports of entry and inspection sta-
tions; and 
(2) with other Federal, State, Tribal, and local 
law enforcement entities. 
(b) BORDER SECURITY DEPLOYMENT PROGRAM.— 
(1) EXPANSION.—Not later than September 30, 
2025, the Commissioner shall— 
(A) fully implement the Border Security 
Deployment Program of CBP; and 
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(B) expand the integrated surveillance and 
intrusion detection system at land ports of 
entry along the northern and southern borders 
of the United States. 
(2) AUTHORIZATION OF APPROPRIATIONS.—In 
addition to amounts otherwise authorized to be ap-
propriated for such purpose, there is authorized to 
be appropriated $33,000,000 for fiscal years 2024 
and 2025 to carry out paragraph (1). 
(c) UPGRADE
OF LICENSE PLATE READERS
AT 
PORTS OF ENTRY.— 
(1) UPGRADE.—Not later than two years after 
the date of the enactment of this Act, the Commis-
sioner shall upgrade all existing license plate readers 
in need of upgrade, as determined by the Commis-
sioner, on the northern and southern borders of the 
United States. 
(2) AUTHORIZATION OF APPROPRIATIONS.—In 
addition to amounts otherwise authorized to be ap-
propriated for such purpose, there is authorized to 
be appropriated $125,000,000 for fiscal years 2023 
and 2024 to carry out paragraph (1). 
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SEC. 107. U.S. CUSTOMS AND BORDER PROTECTION PER-
SONNEL. 
(a) RETENTION BONUS.—To carry out this section, 
there is authorized to be appropriated up to $100,000,000 
to the Commissioner to provide a retention bonus to any 
front-line U.S. Border Patrol law enforcement agent— 
(1) whose position is equal to or below level 
GS–12 of the General Schedule; 
(2) who has five years or more of service with 
the U.S. Border Patrol; and 
(3) who commits to two years of additional 
service with the U.S. Border Patrol upon acceptance 
of such bonus. 
(b) BORDER PATROL AGENTS.—Not later than Sep-
tember 30, 2025, the Commissioner shall hire, train, and 
assign a sufficient number of Border Patrol agents to 
maintain an active duty presence of not fewer than 22,000 
full-time equivalent Border Patrol agents, who may not 
perform the duties of processing coordinators. 
(c) PROHIBITION AGAINST ALIEN TRAVEL.—No per-
sonnel or equipment of Air and Marine Operations may 
be used for the transportation of non-detained aliens, or 
detained aliens expected to be administratively released 
upon arrival, from the southwest border to destinations 
within the United States. 
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(d) GAO REPORT.—If the staffing level required 
under this section is not achieved by the date associated 
with such level, the Comptroller General of the United 
States shall— 
(1) conduct a review of the reasons why such 
level was not so achieved; and 
(2) not later than September 30, 2027, publish 
on a publicly available website of the Government 
Accountability Office a report relating thereto. 
SEC. 108. ANTI-BORDER CORRUPTION ACT REAUTHORIZA-
TION. 
(a) HIRING FLEXIBILITY.—Section 3 of the Anti- 
Border Corruption Act of 2010 (6 U.S.C. 221; Public Law 
111–376) is amended by striking subsection (b) and in-
serting the following new subsections: 
‘‘(b) WAIVER REQUIREMENT.—Subject to subsection 
(c), the Commissioner of U.S. Customs and Border Pro-
tection shall waive the application of subsection (a)(1)— 
‘‘(1) to a current, full-time law enforcement of-
ficer employed by a State or local law enforcement 
agency who— 
‘‘(A) has continuously served as a law en-
forcement officer for not fewer than three 
years; 
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‘‘(B) is authorized by law to engage in or 
supervise the prevention, detection, investiga-
tion, or prosecution of, or the incarceration of 
any person for, any violation of law, and has 
statutory powers for arrest or apprehension; 
and 
‘‘(C) is not currently under investigation, 
has not been found to have engaged in criminal 
activity or serious misconduct, has not resigned 
from a law enforcement officer position under 
investigation or in lieu of termination, and has 
not been dismissed from a law enforcement offi-
cer position; 
‘‘(2) to a current, full-time Federal law enforce-
ment officer who— 
‘‘(A) has continuously served as a law en-
forcement officer for not fewer than three 
years; 
‘‘(B) is authorized to make arrests, con-
duct investigations, conduct searches, make sei-
zures, carry firearms, and serve orders, war-
rants, and other processes; 
‘‘(C) is not currently under investigation, 
has not been found to have engaged in criminal 
activity or serious misconduct, has not resigned 
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from a law enforcement officer position under 
investigation or in lieu of termination, and has 
not been dismissed from a law enforcement offi-
cer position; and 
‘‘(D) holds a current Tier 4 background 
investigation or current Tier 5 background in-
vestigation; or 
‘‘(3) to a member of the Armed Forces (or a re-
serve component thereof) or a veteran, if such indi-
vidual— 
‘‘(A) has served in the Armed Forces for 
not fewer than three years; 
‘‘(B) holds, or has held within the past five 
years, a Secret, Top Secret, or Top Secret/Sen-
sitive Compartmented Information clearance; 
‘‘(C) holds, or has undergone within the 
past five years, a current Tier 4 background in-
vestigation or current Tier 5 background inves-
tigation; 
‘‘(D) received, or is eligible to receive, an 
honorable discharge from service in the Armed 
Forces and has not engaged in criminal activity 
or committed a serious military or civil offense 
under the Uniform Code of Military Justice; 
and 
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‘‘(E) was not granted any waivers to ob-
tain the clearance referred to in subparagraph 
(B). 
‘‘(c) TERMINATION
OF
WAIVER
REQUIREMENT; 
SNAP-BACK.—The requirement to issue a waiver under 
subsection (b) shall terminate if the Commissioner of U.S. 
Customs and Border Protection (CBP) certifies to the 
Committee on Homeland Security of the House of Rep-
resentatives and the Committee on Homeland Security 
and Governmental Affairs of the Senate that CBP has met 
all requirements pursuant to section 107 of the Secure the 
Border Act of 2023 relating to personnel levels. If at any 
time after such certification personnel levels fall below 
such requirements, the Commissioner shall waive the ap-
plication of subsection (a)(1) until such time as the Com-
missioner re-certifies to such Committees that CBP has 
so met all such requirements.’’. 
(b) SUPPLEMENTAL
COMMISSIONER
AUTHORITY; 
REPORTING; DEFINITIONS.—The Anti-Border Corruption 
Act of 2010 is amended by adding at the end the following 
new sections: 
‘‘SEC. 5. SUPPLEMENTAL COMMISSIONER AUTHORITY. 
‘‘(a) NONEXEMPTION.—An individual who receives a 
waiver under section 3(b) is not exempt from any other 
hiring requirements relating to suitability for employment 
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and eligibility to hold a national security designated posi-
tion, as determined by the Commissioner of U.S. Customs 
and Border Protection. 
‘‘(b) BACKGROUND INVESTIGATIONS.—An individual 
who receives a waiver under section 3(b) who holds a cur-
rent Tier 4 background investigation shall be subject to 
a Tier 5 background investigation. 
‘‘(c) ADMINISTRATION
OF POLYGRAPH EXAMINA-
TION.—The Commissioner of U.S. Customs and Border 
Protection is authorized to administer a polygraph exam-
ination to an applicant or employee who is eligible for or 
receives a waiver under section 3(b) if information is dis-
covered before the completion of a background investiga-
tion that results in a determination that a polygraph ex-
amination is necessary to make a final determination re-
garding suitability for employment or continued employ-
ment, as the case may be. 
‘‘SEC. 6. REPORTING. 
‘‘(a) ANNUAL REPORT.—Not later than one year 
after the date of the enactment of this section and annu-
ally thereafter while the waiver authority under section 
3(b) is in effect, the Commissioner of U.S. Customs and 
Border Protection shall submit to Congress a report that 
includes, with respect to each such reporting period, the 
following: 
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‘‘(1) Information relating to the number of 
waivers granted under such section 3(b). 
‘‘(2) Information relating to the percentage of 
applicants who were hired after receiving such a 
waiver. 
‘‘(3) Information relating to the number of in-
stances that a polygraph was administered to an ap-
plicant who initially received such a waiver and the 
results of such polygraph. 
‘‘(4) An assessment of the current impact of 
such waiver authority on filling law enforcement po-
sitions at U.S. Customs and Border Protection. 
‘‘(5) An identification of additional authorities 
needed by U.S. Customs and Border Protection to 
better utilize such waiver authority for its intended 
goals. 
‘‘(b) ADDITIONAL INFORMATION.—The first report 
submitted under subsection (a) shall include the following: 
‘‘(1) An analysis of other methods of employ-
ment suitability tests that detect deception and could 
be used in conjunction with traditional background 
investigations to evaluate potential applicants or em-
ployees for suitability for employment or continued 
employment, as the case may be. 
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‘‘(2) A recommendation regarding whether a 
test referred to in paragraph (1) should be adopted 
by U.S. Customs and Border Protection when the 
polygraph examination requirement is waived pursu-
ant to section 3(b). 
‘‘SEC. 7. DEFINITIONS. 
‘‘In this Act: 
‘‘(1) FEDERAL LAW ENFORCEMENT OFFICER.— 
The term ‘Federal law enforcement officer’ means a 
‘law enforcement officer’, as such term is defined in 
section 8331(20) or 8401(17) of title 5, United 
States Code. 
‘‘(2) SERIOUS MILITARY OR CIVIL OFFENSE.— 
The term ‘serious military or civil offense’ means an 
offense for which— 
‘‘(A) a member of the Armed Forces may 
be discharged or separated from service in the 
Armed Forces; and 
‘‘(B) a punitive discharge is, or would be, 
authorized for the same or a closely related of-
fense under the Manual for Court-Martial, as 
pursuant to Army Regulation 635–200, chapter 
14–12. 
‘‘(3) TIER 4; TIER 5.—The terms ‘Tier 4’ and 
‘Tier 5’, with respect to background investigations, 
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have the meaning given such terms under the 2012 
Federal Investigative Standards. 
‘‘(4) VETERAN.—The term ‘veteran’ has the 
meaning given such term in section 101(2) of title 
38, United States Code.’’. 
(c) POLYGRAPH EXAMINERS.—Not later than Sep-
tember 30, 2025, the Secretary shall increase to not fewer 
than 150 the number of trained full-time equivalent poly-
graph examiners for administering polygraphs under the 
Anti-Border Corruption Act of 2010, as amended by this 
section. 
SEC. 109. ESTABLISHMENT OF WORKLOAD STAFFING MOD-
ELS FOR U.S. BORDER PATROL AND AIR AND 
MARINE OPERATIONS OF CBP. 
(a) IN GENERAL.—Not later than one year after the 
date of the enactment of this Act, the Commissioner, in 
coordination with the Under Secretary for Management, 
the Chief Human Capital Officer, and the Chief Financial 
Officer of the Department, shall implement a workload 
staffing model for each of the following: 
(1) The U.S. Border Patrol. 
(2) Air and Marine Operations of CBP. 
(b) RESPONSIBILITIES
OF
THE COMMISSIONER.— 
Subsection (c) of section 411 of the Homeland Security 
Act of 2002 (6 U.S.C. 211), is amended— 
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(1) by redesignating paragraphs (18) and (19) 
as paragraphs (20) and (21), respectively; and 
(2) by inserting after paragraph (17) the fol-
lowing new paragraphs: 
‘‘(18) implement a staffing model for the U.S. 
Border Patrol, Air and Marine Operations, and the 
Office of Field Operations that includes consider-
ation for essential frontline operator activities and 
functions, variations in operating environments, 
present and planned infrastructure, present and 
planned technology, and required operations support 
levels to enable such entities to manage and assign 
personnel of such entities to ensure field and sup-
port posts possess adequate resources to carry out 
duties specified in this section; 
‘‘(19) develop standard operating procedures 
for a workforce tracking system within the U.S. 
Border Patrol, Air and Marine Operations, and the 
Office of Field Operations, train the workforce of 
each of such entities on the use, capabilities, and 
purpose of such system, and implement internal con-
trols to ensure timely and accurate scheduling and 
reporting of actual completed work hours and activi-
ties;’’. 
(c) REPORT.— 
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(1) IN
GENERAL.—Not later than one year 
after the date of the enactment of this Act with re-
spect to subsection (a) and paragraphs (18) and 
(19) of section 411(c) of the Homeland Security Act 
of 2002 (as amended by subsection (b)), and annu-
ally thereafter with respect to such paragraphs (18) 
and (19), the Secretary shall submit to the appro-
priate congressional committees a report that in-
cludes a status update on the following: 
(A) The implementation of such subsection 
(a) and such paragraphs (18) and (19). 
(B) Each relevant workload staffing model. 
(2) DATA
SOURCES
AND
METHODOLOGY
RE-
QUIRED.—Each report required under paragraph (1) 
shall include information relating to the data sources 
and methodology used to generate each relevant 
staffing model. 
(d) INSPECTOR GENERAL REVIEW.—Not later than 
90 days after the Commissioner develops the workload 
staffing models pursuant to subsection (a), the Inspector 
General of the Department shall review such models and 
provide feedback to the Secretary and the appropriate con-
gressional committees with respect to the degree to which 
such models are responsive to the recommendations of the 
Inspector General, including the following: 
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(1) Recommendations from the Inspector Gen-
eral’s February 2019 audit. 
(2) Any further recommendations to improve 
such models. 
(e) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means— 
(1) the Committee on Homeland Security of the 
House of Representatives; and 
(2) the Committee on Homeland Security and 
Governmental Affairs of the Senate. 
SEC. 110. OPERATION STONEGARDEN. 
(a) IN GENERAL.—Subtitle A of title XX of the 
Homeland Security Act of 2002 (6 U.S.C. 601 et seq.) 
is amended by adding at the end the following new section: 
‘‘SEC. 2010. OPERATION STONEGARDEN. 
‘‘(a) ESTABLISHMENT.—There is established in the 
Department a program to be known as ‘Operation 
Stonegarden’, under which the Secretary, acting through 
the Administrator, shall make grants to eligible law en-
forcement agencies, through State administrative agen-
cies, to enhance border security in accordance with this 
section. 
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‘‘(b) ELIGIBLE RECIPIENTS.—To be eligible to re-
ceive a grant under this section, a law enforcement agency 
shall— 
‘‘(1) be located in— 
‘‘(A) a State bordering Canada or Mexico; 
or 
‘‘(B) a State or territory with a maritime 
border; 
‘‘(2) be involved in an active, ongoing, U.S. 
Customs and Border Protection operation coordi-
nated through a U.S. Border Patrol sector office; 
and 
‘‘(3) have an agreement in place with U.S. Im-
migration and Customs Enforcement to support en-
forcement operations. 
‘‘(c) PERMITTED USES.—A recipient of a grant 
under this section may use such grant for costs associated 
with the following: 
‘‘(1) Equipment, including maintenance and 
sustainment. 
‘‘(2) Personnel, including overtime and backfill, 
in support of enhanced border law enforcement ac-
tivities. 
‘‘(3) Any activity permitted for Operation 
Stonegarden under the most recent fiscal year De-
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partment of Homeland Security’s Homeland Secu-
rity Grant Program Notice of Funding Opportunity. 
‘‘(d) PERIOD
OF PERFORMANCE.—The Secretary 
shall award grants under this section to grant recipients 
for a period of not fewer than 36 months. 
‘‘(e) NOTIFICATION.—Upon denial of a grant to a law 
enforcement agency, the Administrator shall provide writ-
ten notice to the Committee on Homeland Security of the 
House of Representatives and the Committee on Home-
land Security and Governmental Affairs of the Senate, in-
cluding the reasoning for such denial. 
‘‘(f) REPORT.—For each of fiscal years 2024 through 
2028 the Administrator shall submit to the Committee on 
Homeland Security of the House of Representatives and 
the Committee on Homeland Security and Governmental 
Affairs of the Senate a report that contains— 
‘‘(1) information on the expenditure of grants 
made under this section by each grant recipient; and 
‘‘(2) recommendations for other uses of such 
grants to further support eligible law enforcement 
agencies. 
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated $110,000,000 for each 
of fiscal years 2024 through 2028 for grants under this 
section.’’. 
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(b) CONFORMING AMENDMENT.—Subsection (a) of 
section 2002 of the Homeland Security Act of 2002 (6 
U.S.C. 603) is amended to read as follows: 
‘‘(a) GRANTS AUTHORIZED.—The Secretary, through 
the Administrator, may award grants under sections 2003, 
2004, 2009, and 2010 to State, local, and Tribal govern-
ments, as appropriate.’’. 
(c) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 is 
amended by inserting after the item relating to section 
2009 the following new item: 
‘‘Sec. 2010. Operation Stonegarden.’’. 
SEC. 111. AIR AND MARINE OPERATIONS FLIGHT HOURS. 
(a) 
AIR
AND
MARINE
OPERATIONS
FLIGHT 
HOURS.—Not later than 120 days after the date of the 
enactment of this Act, the Secretary shall ensure that not 
fewer than 110,000 annual flight hours are carried out 
by Air and Marine Operations of CBP. 
(b) UNMANNED
AIRCRAFT
SYSTEMS.—The Sec-
retary, after coordination with the Administrator of the 
Federal Aviation Administration, shall ensure that Air and 
Marine Operations operate unmanned aircraft systems on 
the southern border of the United States for not less than 
24 hours per day. 
(c) PRIMARY MISSIONS.—The Commissioner shall 
ensure the following: 
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(1) The primary missions for Air and Marine 
Operations are to directly support the following: 
(A) U.S. Border Patrol activities along the 
borders of the United States. 
(B) Joint Interagency Task Force South 
and Joint Task Force East operations in the 
transit zone. 
(2) The Executive Assistant Commissioner of 
Air and Marine Operations assigns the greatest pri-
ority to support missions specified in paragraph (1). 
(d) HIGH
DEMAND
FLIGHT
HOUR
REQUIRE-
MENTS.—The Commissioner shall— 
(1) ensure that U.S. Border Patrol Sector 
Chiefs identify air support mission-critical hours; 
and 
(2) direct Air and Marine Operations to sup-
port requests from such Sector Chiefs as a compo-
nent of the primary mission of Air and Marine Op-
erations in accordance with subsection (c)(1)(A). 
(e) CONTRACT AIR SUPPORT AUTHORIZATIONS.— 
The Commissioner shall contract for air support mission- 
critical hours to meet the requests for such hours, as iden-
tified pursuant to subsection (d). 
(f) SMALL UNMANNED AIRCRAFT SYSTEMS.— 
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(1) IN GENERAL.—The Chief of the U.S. Bor-
der Patrol shall be the executive agent with respect 
to the use of small unmanned aircraft by CBP for 
the purposes of the following: 
(A) Meeting the unmet flight hour oper-
ational requirements of the U.S. Border Patrol. 
(B) Achieving situational awareness and 
operational control of the borders of the United 
States. 
(2) COORDINATION.—In carrying out para-
graph (1), the Chief of the U.S. Border Patrol shall 
coordinate— 
(A) flight operations with the Adminis-
trator of the Federal Aviation Administration to 
ensure the safe and efficient operation of the 
national airspace system; and 
(B) with the Executive Assistant Commis-
sioner for Air and Marine Operations of CBP 
to— 
(i) ensure the safety of other CBP 
aircraft flying in the vicinity of small un-
manned aircraft operated by the U.S. Bor-
der Patrol; and 
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(ii) establish a process to include data 
from flight hours in the calculation of got 
away statistics. 
(3) CONFORMING AMENDMENT.—Paragraph (3) 
of section 411(e) of the Homeland Security Act of 
2002 (6 U.S.C. 211(e)) is amended— 
(A) in subparagraph (B), by striking 
‘‘and’’ after the semicolon at the end; 
(B) by redesignating subparagraph (C) as 
subparagraph (D); and 
(C) by inserting after subparagraph (B) 
the following new subparagraph: 
‘‘(C) carry out the small unmanned air-
craft (as such term is defined in section 44801 
of title 49, United States Code) requirements 
pursuant to subsection (f) of section 111 of the 
Secure the Border Act of 2023; and’’. 
(g) SAVINGS CLAUSE.—Nothing in this section may 
be construed as conferring, transferring, or delegating to 
the Secretary, the Commissioner, the Executive Assistant 
Commissioner for Air and Marine Operations of CBP, or 
the Chief of the U.S. Border Patrol any authority of the 
Secretary of Transportation or the Administrator of the 
Federal Aviation Administration relating to the use of air-
space or aviation safety. 
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(h) DEFINITIONS.—In this section: 
(1) GOT AWAY.—The term ‘‘got away’’ has the 
meaning given such term in section 1092(a)(3) of 
the National Defense Authorization Act for Fiscal 
Year 2017 (Public Law 114–328; 6 U.S.C. 
223(a)(3)). 
(2) TRANSIT ZONE.—The term ‘‘transit zone’’ 
has the meaning given such term in section 
1092(a)(8) of the National Defense Authorization 
Act for Fiscal Year 2017 (Public Law 114–328; 6 
U.S.C. 223(a)(8)). 
SEC. 112. ERADICATION OF CARRIZO CANE AND SALT 
CEDAR. 
(a) IN GENERAL.—Not later than 30 days after the 
date of the enactment of this Act, the Secretary, in coordi-
nation with the heads of relevant Federal, State, and local 
agencies, shall hire contractors to begin eradicating the 
carrizo cane plant and any salt cedar along the Rio 
Grande River that impedes border security operations. 
Such eradication shall be completed— 
(1) by not later than September 30, 2027, ex-
cept for required maintenance; and 
(2) in the most expeditious and cost-effective 
manner possible to maintain clear fields of view. 
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(b) APPLICATION.—The waiver authority under sub-
section (c) of section 102 of the Illegal Immigration Re-
form and Immigrant Responsibility Act of 1996 (8 U.S.C. 
1103 note), as amended by section 103 of this division, 
shall apply to activities carried out pursuant to subsection 
(a). 
(c) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary shall submit 
to the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security 
and Governmental Affairs of the Senate a strategic plan 
to eradicate all carrizo cane plant and salt cedar along 
the Rio Grande River that impedes border security oper-
ations by not later than September 30, 2027. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $7,000,000 for each of fis-
cal years 2024 through 2028 to the Secretary to carry 
out this subsection. 
SEC. 113. BORDER PATROL STRATEGIC PLAN. 
(a) IN GENERAL.—Not later than one year after the 
date of the enactment of this Act and biennially thereafter, 
the Commissioner, acting through the Chief of the U.S. 
Border Patrol, shall issue a Border Patrol Strategic Plan 
(referred to in this section as the ‘‘plan’’) to enhance the 
security of the borders of the United States. 
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(b) ELEMENTS.—The plan shall include the fol-
lowing: 
(1) A consideration of Border Patrol Capability 
Gap Analysis reporting, Border Security Improve-
ment Plans, and any other strategic document au-
thored by the U.S. Border Patrol to address security 
gaps between ports of entry, including efforts to 
mitigate threats identified in such analyses, plans, 
and documents. 
(2) Information relating to the dissemination of 
information relating to border security or border 
threats with respect to the efforts of the Department 
and other appropriate Federal agencies. 
(3) Information relating to efforts by U.S. Bor-
der Patrol to— 
(A) increase situational awareness, includ-
ing— 
(i) surveillance capabilities, such as 
capabilities developed or utilized by the 
Department of Defense, and any appro-
priate technology determined to be excess 
by the Department of Defense; and 
(ii) the use of manned aircraft and 
unmanned aircraft; 
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(B) detect and prevent terrorists and in-
struments of terrorism from entering the 
United States; 
(C) detect, interdict, and disrupt between 
ports of entry aliens unlawfully present in the 
United States; 
(D) detect, interdict, and disrupt human 
smuggling, human trafficking, drug trafficking, 
and other illicit cross-border activity; 
(E) focus intelligence collection to disrupt 
transnational criminal organizations outside of 
the international and maritime borders of the 
United States; and 
(F) ensure that any new border security 
technology can be operationally integrated with 
existing technologies in use by the Department. 
(4) Information relating to initiatives of the De-
partment with respect to operational coordination, 
including any relevant task forces of the Depart-
ment. 
(5) Information gathered from the lessons 
learned by the deployments of the National Guard to 
the southern border of the United States. 
(6) A description of cooperative agreements re-
lating to information sharing with State, local, Trib-
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al, territorial, and other Federal law enforcement 
agencies that have jurisdiction on the borders of the 
United States. 
(7) Information relating to border security in-
formation received from the following: 
(A) State, local, Tribal, territorial, and 
other Federal law enforcement agencies that 
have jurisdiction on the borders of the United 
States or in the maritime environment. 
(B) Border community stakeholders, in-
cluding representatives from the following: 
(i) Border agricultural and ranching 
organizations. 
(ii) Business and civic organizations. 
(iii) Hospitals and rural clinics within 
150 miles of the borders of the United 
States. 
(iv) Victims of crime committed by 
aliens unlawfully present in the United 
States. 
(v) 
Victims 
impacted 
by 
drugs, 
transnational criminal organizations, car-
tels, gangs, or other criminal activity. 
(vi) Farmers, ranchers, and property 
owners along the border. 
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(vii) Other individuals negatively im-
pacted by illegal immigration. 
(8) Information relating to the staffing require-
ments with respect to border security for the De-
partment. 
(9) A prioritized list of Department research 
and development objectives to enhance the security 
of the borders of the United States. 
(10) An assessment of training programs, in-
cluding such programs relating to the following: 
(A) Identifying and detecting fraudulent 
documents. 
(B) Understanding the scope of CBP en-
forcement authorities and appropriate use of 
force policies. 
(C) Screening, identifying, and addressing 
vulnerable populations, such as children and 
victims of human trafficking. 
SEC. 114. U.S. CUSTOMS AND BORDER PROTECTION SPIR-
ITUAL READINESS. 
Not later than one year after the enactment of this 
Act and annually thereafter for five years, the Commis-
sioner shall submit to the Committee on Homeland Secu-
rity of the House of Representatives and the Committee 
on Homeland Security and Governmental Affairs of the 
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Senate a report on the availability and usage of the assist-
ance of chaplains, prayer groups, houses of worship, and 
other spiritual resources for members of CBP who identify 
as religiously affiliated and have attempted suicide, have 
suicidal ideation, or are at risk of suicide, and metrics on 
the impact such resources have in assisting religiously af-
filiated members who have access to and utilize such re-
sources compared to religiously affiliated members who do 
not. 
SEC. 115. RESTRICTIONS ON FUNDING. 
(a) ARRIVING ALIENS.—No funds are authorized to 
be appropriated to the Department to process the entry 
into the United States of aliens arriving in between ports 
of entry. 
(b) RESTRICTION ON NONGOVERNMENTAL ORGANI-
ZATION SUPPORT FOR UNLAWFUL ACTIVITY.—No funds 
are authorized to be appropriated to the Department for 
disbursement to any nongovernmental organization that 
facilitates or encourages unlawful activity, including un-
lawful entry, human trafficking, human smuggling, drug 
trafficking, and drug smuggling. 
(c) RESTRICTION ON NONGOVERNMENTAL ORGANI-
ZATION FACILITATION OF ILLEGAL IMMIGRATION.—No 
funds are authorized to be appropriated to the Depart-
ment for disbursement to any nongovernmental organiza-
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tion to provide, or facilitate the provision of, transpor-
tation, lodging, or immigration legal services to inadmis-
sible aliens who enter the United States after the date of 
the enactment of this Act. 
SEC. 116. COLLECTION OF DNA AND BIOMETRIC INFORMA-
TION AT THE BORDER. 
Not later than 14 days after the date of the enact-
ment of this Act, the Secretary shall ensure and certify 
to the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security 
and Governmental Affairs of the Senate that CBP is fully 
compliant with Federal DNA and biometric collection re-
quirements at United States land borders. 
SEC. 117. ERADICATION OF NARCOTIC DRUGS AND FORMU-
LATING EFFECTIVE NEW TOOLS TO ADDRESS 
YEARLY LOSSES OF LIFE; ENSURING TIMELY 
UPDATES TO U.S. CUSTOMS AND BORDER 
PROTECTION FIELD MANUALS. 
(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this Act, and not less frequently 
than triennially thereafter, the Commissioner of U.S. Cus-
toms and Border Protection shall review and update, as 
necessary, the current policies and manuals of the Office 
of Field Operations related to inspections at ports of 
entry, and the U.S. Border Patrol related to inspections 
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between ports of entry, to ensure the uniform implementa-
tion of inspection practices that will effectively respond to 
technological and methodological changes designed to dis-
guise unlawful activity, such as the smuggling of drugs 
and humans, along the border. 
(b) REPORTING REQUIREMENT.—Not later than 90 
days after each update required under subsection (a), the 
Commissioner of U.S. Customs and Border Protection 
shall submit to the Committee on Homeland Security and 
the Committee on the Judiciary of the House of Rep-
resentatives and the Committee on Homeland Security 
and Governmental Affairs and the Committee on the Judi-
ciary of the Senate a report that summarizes any policy 
and manual changes pursuant to subsection (a). 
SEC. 118. PUBLICATION BY U.S. CUSTOMS AND BORDER 
PROTECTION OF OPERATIONAL STATISTICS. 
(a) IN GENERAL.—Not later than the seventh day of 
each month beginning with the second full month after 
the date of the enactment of this Act, the Commissioner 
of U.S. Customs and Border Protection shall publish on 
a publicly available website of the Department of Home-
land Security information relating to the total number of 
alien encounters and nationalities, unique alien encounters 
and nationalities, gang affiliated apprehensions and na-
tionalities, drug seizures, alien encounters included in the 
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terrorist screening database and nationalities, arrests of 
criminal aliens or individuals wanted by law enforcement 
and nationalities, known got aways, encounters with de-
ceased aliens, and all other related or associated statistics 
recorded by U.S. Customs and Border Protection during 
the immediately preceding month. Each such publication 
shall include the following: 
(1) The aggregate such number, and such num-
ber disaggregated by geographic regions, of such re-
cordings and encounters, including specifications re-
lating to whether such recordings and encounters 
were at the southwest, northern, or maritime border. 
(2) An identification of the Office of Field Op-
erations field office, U.S. Border Patrol sector, or 
Air and Marine Operations branch making each re-
cording or encounter. 
(3) Information relating to whether each re-
cording or encounter of an alien was of a single 
adult, an unaccompanied alien child, or an individual 
in a family unit. 
(4) Information relating to the processing dis-
position of each alien recording or encounter. 
(5) Information relating to the nationality of 
each alien who is the subject of each recording or 
encounter. 
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(6) The total number of individuals included in 
the terrorist screening database (as such term is de-
fined in section 2101 of the Homeland Security Act 
of 2002 (6 U.S.C. 621)) who have repeatedly at-
tempted to cross unlawfully into the United States. 
(7) The total number of individuals included in 
the terrorist screening database who have been ap-
prehended, including information relating to whether 
such individuals were released into the United States 
or removed. 
(b) EXCEPTIONS.—If the Commissioner of U.S. Cus-
toms and Border Protection in any month does not publish 
the information required under subsection (a), or does not 
publish such information by the date specified in such sub-
section, the Commissioner shall brief the Committee on 
Homeland Security of the House of Representatives and 
the Committee on Homeland Security and Governmental 
Affairs of the Senate regarding the reason relating there-
to, as the case may be, by not later than the date that 
is two business days after the tenth day of such month. 
(c) DEFINITIONS.—In this section: 
(1) ALIEN ENCOUNTERS.—The term ‘‘alien en-
counters’’ means aliens apprehended, determined in-
admissible, or processed for removal by U.S. Cus-
toms and Border Protection. 
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(2) GOT AWAY.—The term ‘‘got away’’ has the 
meaning given such term in section 1092(a) of the 
National Defense Authorization Act for Fiscal Year 
2017 (6 U.S.C. 223(a)). 
(3) TERRORIST
SCREENING
DATABASE.—The 
term ‘‘terrorist screening database’’ has the meaning 
given such term in section 2101 of the Homeland 
Security Act of 2002 (6 U.S.C. 621). 
(4) UNACCOMPANIED ALIEN CHILD.—The term 
‘‘unaccompanied alien child’’ has the meaning given 
such term in section 462(g) of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 279(g)). 
SEC. 119. ALIEN CRIMINAL BACKGROUND CHECKS. 
(a) IN GENERAL.—Not later than seven days after 
the date of the enactment of this Act, the Commissioner 
shall certify to the Committee on Homeland Security and 
the Committee on the Judiciary of the House of Rep-
resentatives and the Committee on Homeland Security 
and Governmental Affairs and the Committee on the Judi-
ciary of the Senate that CBP has real-time access to the 
criminal history databases of all countries of origin and 
transit for aliens encountered by CBP to perform criminal 
history background checks for such aliens. 
(b) STANDARDS.—The certification required under 
subsection (a) shall also include a determination whether 
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the criminal history databases of a country are accurate, 
up to date, digitized, searchable, and otherwise meet the 
standards of the Federal Bureau of Investigation for 
criminal history databases maintained by State and local 
governments. 
(c) CERTIFICATION.—The Secretary shall annually 
submit to the Committee on Homeland Security and the 
Committee on the Judiciary of the House of Representa-
tives and the Committee on Homeland Security and Gov-
ernmental Affairs and the Committee on the Judiciary of 
the Senate a certification that each database referred to 
in subsection (b) which the Secretary accessed or sought 
to access pursuant to this section met the standards de-
scribed in subsection (b). 
SEC. 120. PROHIBITED IDENTIFICATION DOCUMENTS AT 
AIRPORT SECURITY CHECKPOINTS; NOTIFI-
CATION TO IMMIGRATION AGENCIES. 
(a) IN GENERAL.—The Administrator may not ac-
cept as valid proof of identification a prohibited identifica-
tion document at an airport security checkpoint. 
(b) NOTIFICATION TO IMMIGRATION AGENCIES.—If 
an individual presents a prohibited identification docu-
ment to an officer of the Transportation Security Admin-
istration at an airport security checkpoint, the Adminis-
trator shall promptly notify the Director of U.S. Immigra-
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tion and Customs Enforcement, the Director of U.S. Cus-
toms and Border Protection, and the head of the appro-
priate local law enforcement agency to determine whether 
the individual is in violation of any term of release from 
the custody of any such agency. 
(c) ENTRY INTO STERILE AREAS.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), if an individual is found to be in violation 
of any term of release under subsection (b), the Ad-
ministrator may not permit such individual to enter 
a sterile area. 
(2) EXCEPTION.—An individual presenting a 
prohibited identification document under this section 
may enter a sterile area if the individual— 
(A) is leaving the United States for the 
purposes of removal or deportation; or 
(B) presents a covered identification docu-
ment. 
(d) COLLECTION OF BIOMETRIC INFORMATION FROM 
CERTAIN INDIVIDUALS SEEKING ENTRY INTO THE STER-
ILE AREA OF AN AIRPORT.—Beginning not later than 120 
days after the date of the enactment of this Act, the Ad-
ministrator shall collect biometric information from an in-
dividual described in subsection (e) prior to authorizing 
such individual to enter into a sterile area. 
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(e) INDIVIDUAL
DESCRIBED.—An individual de-
scribed in this subsection is an individual who— 
(1) is seeking entry into the sterile area of an 
airport; 
(2) does not present a covered identification 
document; and 
(3) the Administrator cannot verify is a na-
tional of the United States. 
(f) PARTICIPATION IN IDENT.—Beginning not later 
than 120 days after the date of the enactment of this Act, 
the Administrator, in coordination with the Secretary, 
shall submit biometric data collected under this section to 
the Automated Biometric Identification System (IDENT). 
(g) DEFINITIONS.—In this section: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Transpor-
tation Security Administration. 
(2) BIOMETRIC INFORMATION.—The term ‘‘bio-
metric information’’ means any of the following: 
(A) A fingerprint. 
(B) A palm print. 
(C) A photograph, including— 
(i) a photograph of an individual’s 
face for use with facial recognition tech-
nology; and 
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(ii) a photograph of any physical or 
anatomical feature, such as a scar, skin 
mark, or tattoo. 
(D) A signature. 
(E) A voice print. 
(F) An iris image. 
(3) COVERED
IDENTIFICATION
DOCUMENT.— 
The term ‘‘covered identification document’’ means 
any of the following, if the document is valid and 
unexpired: 
(A) A United States passport or passport 
card. 
(B) A biometrically secure card issued by 
a trusted traveler program of the Department 
of Homeland Security, including— 
(i) Global Entry; 
(ii) Nexus; 
(iii) Secure Electronic Network for 
Travelers Rapid Inspection (SENTRI); 
and 
(iv) Free and Secure Trade (FAST). 
(C) An identification card issued by the 
Department of Defense, including such a card 
issued to a dependent. 
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(D) Any document required for admission 
to the United States under section 211(a) of 
the Immigration and Nationality Act (8 U.S.C. 
1181(a)). 
(E) An enhanced driver’s license issued by 
a State. 
(F) A photo identification card issued by a 
federally recognized Indian Tribe. 
(G) A personal identity verification creden-
tial issued in accordance with Homeland Secu-
rity Presidential Directive 12. 
(H) A driver’s license issued by a province 
of Canada. 
(I) A Secure Certificate of Indian Status 
issued by the Government of Canada. 
(J) A Transportation Worker Identifica-
tion Credential. 
(K) A Merchant Mariner Credential issued 
by the Coast Guard. 
(L) A Veteran Health Identification Card 
issued by the Department of Veterans Affairs. 
(M) Any other document the Administrator 
determines, pursuant to a rule making in ac-
cordance with section 553 of title 5, United 
States Code, will satisfy the identity verification 
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procedures of the Transportation Security Ad-
ministration. 
(4) IMMIGRATION LAWS.—The term ‘‘immigra-
tion laws’’ has the meaning given that term in sec-
tion 101 of the Immigration and Nationality Act (8 
U.S.C. 1101). 
(5) 
PROHIBITED
IDENTIFICATION
DOCU-
MENT.—The term ‘‘prohibited identification docu-
ment’’ means any of the following (or any applicable 
successor form): 
(A) U.S. Immigration and Customs En-
forcement Form I–200, Warrant for Arrest of 
Alien. 
(B) U.S. Immigration and Customs En-
forcement Form I–205, Warrant of Removal/ 
Deportation. 
(C) U.S. Immigration and Customs En-
forcement Form I–220A, Order of Release on 
Recognizance. 
(D) U.S. Immigration and Customs En-
forcement Form I–220B, Order of Supervision. 
(E) Department of Homeland Security 
Form I–862, Notice to Appear. 
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(F) U.S. Customs and Border Protection 
Form I–94, Arrival/Departure Record (includ-
ing a print-out of an electronic record). 
(G) Department of Homeland Security 
Form I–385, Notice to Report. 
(H) Any document that directs an indi-
vidual to report to the Department of Home-
land Security. 
(I) Any Department of Homeland Security 
work authorization or employment verification 
document. 
(6) STERILE AREA.—The term ‘‘sterile area’’ 
has the meaning given that term in section 1540.5 
of title 49, Code of Federal Regulations, or any suc-
cessor regulation. 
SEC. 121. PROHIBITION AGAINST ANY COVID–19 VACCINE 
MANDATE OR ADVERSE ACTION AGAINST 
DHS EMPLOYEES. 
(a) LIMITATION
ON IMPOSITION
OF NEW MAN-
DATE.—The Secretary may not issue any COVID–19 vac-
cine mandate unless Congress expressly authorizes such 
a mandate. 
(b) PROHIBITION ON ADVERSE ACTION.—The Sec-
retary may not take any adverse action against a Depart-
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ment employee based solely on the refusal of such em-
ployee to receive a vaccine for COVID–19. 
(c) REPORT.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary shall report 
to the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security 
and Governmental Affairs of the Senate on the following: 
(1) The number of Department employees who 
were terminated or resigned due to the COVID–19 
vaccine mandate. 
(2) An estimate of the cost to reinstate such 
employees. 
(3) How the Department would effectuate rein-
statement of such employees. 
(d) 
RETENTION
AND
DEVELOPMENT
OF 
UNVACCINATED EMPLOYEES.—The Secretary shall make 
every effort to retain Department employees who are not 
vaccinated against COVID–19 and provide such employees 
with professional development, promotion and leadership 
opportunities, and consideration equal to that of their 
peers. 
SEC. 122. CBP ONE APP LIMITATION. 
(a) LIMITATION.—The Department may use the CBP 
One Mobile Application or any other similar program, ap-
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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. 
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. 
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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 
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. 
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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. 
(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-
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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-
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. 
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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). 
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 
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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 D—IMMIGRATION EN-
FORCEMENT 
AND 
FOREIGN 
AFFAIRS 
TITLE I—ASYLUM REFORM AND 
BORDER PROTECTION 
SEC. 101. SAFE THIRD COUNTRY. 
Section 208(a)(2)(A) of the Immigration and Nation-
ality Act (8 U.S.C. 1158(a)(2)(A)) is amended— 
(1) by striking ‘‘if the Attorney General deter-
mines’’ and inserting ‘‘if the Attorney General or the 
Secretary of Homeland Security determines—’’; 
(2) by striking ‘‘that the alien may be removed’’ 
and inserting the following: 
‘‘(i) that the alien may be removed’’; 
(3) by striking ‘‘, pursuant to a bilateral or 
multilateral agreement, to’’ and inserting ‘‘to’’; 
(4) by inserting ‘‘or the Secretary, on a case by 
case basis,’’ before ‘‘finds that’’; 
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(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 
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 
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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 
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 
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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— 
(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),’’. 
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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; 
‘‘(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 
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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 
claimed a fear of persecution; 
and 
‘‘(dd) the alien claimed a 
fear of persecution without delay 
upon presenting himself or her-
self to an immigration officer 
upon arrival at a United States 
port of entry; 
‘‘(II) the unlawful receipt of a 
Federal public benefit (as defined in 
section 401(c) of the Personal Re-
sponsibility and Work Opportunity 
Reconciliation Act of 1996 (8 U.S.C. 
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1611(c))), from a Federal entity, or 
the unlawful receipt of similar public 
benefits from a State, tribal, or local 
entity; or 
‘‘(III) possession or trafficking of 
a controlled substance or controlled 
substance paraphernalia, as those 
phrases are defined under the law of 
the jurisdiction where the conviction 
occurred, other than a single offense 
involving possession for one’s own use 
of 30 grams or less of marijuana (as 
marijuana is defined under the law of 
the jurisdiction where the conviction 
occurred); 
‘‘(iv) the alien has been convicted of 
an offense arising under paragraph (1)(A) 
or (2) of section 274(a), or under section 
276; 
‘‘(v) the alien has been convicted of a 
Federal, State, tribal, or local crime that 
the Attorney General or Secretary of 
Homeland Security knows, or has reason 
to believe, was committed in support, pro-
motion, or furtherance of the activity of a 
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criminal street gang (as defined under the 
law of the jurisdiction where the conviction 
occurred or in section 521(a) of title 18, 
United States Code); 
‘‘(vi) the alien has been convicted of 
an offense for driving while intoxicated or 
impaired, as those terms are defined under 
the law of the jurisdiction where the con-
viction occurred (including a conviction for 
driving while under the influence of or im-
paired by alcohol or drugs), without regard 
to whether the conviction is classified as a 
misdemeanor or felony under Federal, 
State, tribal, or local law, in which such in-
toxicated or impaired driving was a cause 
of serious bodily injury or death of another 
person; 
‘‘(vii) the alien has been convicted of 
more than one offense for driving while in-
toxicated or impaired, as those terms are 
defined under the law of the jurisdiction 
where the conviction occurred (including a 
conviction for driving while under the in-
fluence of or impaired by alcohol or drugs), 
without regard to whether the conviction is 
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classified as a misdemeanor or felony 
under Federal, State, tribal, or local law; 
‘‘(viii) the alien has been convicted of 
a crime— 
‘‘(I) 
that 
involves 
conduct 
amounting to a crime of stalking; 
‘‘(II) of child abuse, child ne-
glect, or child abandonment; or 
‘‘(III) 
that 
involves 
conduct 
amounting to a domestic assault or 
battery offense, including— 
‘‘(aa) a misdemeanor crime 
of domestic violence, as described 
in section 921(a)(33) of title 18, 
United States Code; 
‘‘(bb) a crime of domestic vi-
olence, as described in section 
40002(a)(12) of the Violence 
Against Women Act of 1994 (34 
U.S.C. 12291(a)(12)); or 
‘‘(cc) any crime based on 
conduct in which the alien har-
assed, coerced, intimidated, vol-
untarily or recklessly used (or 
threatened to use) force or vio-
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lence against, or inflicted phys-
ical injury or physical pain, how-
ever slight, upon a person— 
‘‘(AA) who is a current 
or former spouse of the 
alien; 
‘‘(BB) with whom the 
alien shares a child; 
‘‘(CC) who is cohabi-
tating with, or who has 
cohabitated with, the alien 
as a spouse; 
‘‘(DD) who is similarly 
situated to a spouse of the 
alien under the domestic or 
family violence laws of the 
jurisdiction where the of-
fense occurred; or 
‘‘(EE) who is protected 
from that alien’s acts under 
the domestic or family vio-
lence laws of the United 
States or of any State, tribal 
government, or unit of local 
government; 
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‘‘(ix) the alien has engaged in acts of 
battery or extreme cruelty upon a person 
and the person— 
‘‘(I) is a current or former 
spouse of the alien; 
‘‘(II) shares a child with the 
alien; 
‘‘(III) 
cohabitates 
or 
has 
cohabitated with the alien as a spouse; 
‘‘(IV) is similarly situated to a 
spouse of the alien under the domestic 
or family violence laws of the jurisdic-
tion where the offense occurred; or 
‘‘(V) is protected from that 
alien’s acts under the domestic or 
family violence laws of the United 
States or of any State, tribal govern-
ment, or unit of local government; 
‘‘(x) the alien, having been convicted 
by a final judgment of a particularly seri-
ous crime, constitutes a danger to the com-
munity of the United States; 
‘‘(xi) there are serious reasons for be-
lieving that the alien has committed a seri-
ous nonpolitical crime outside the United 
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States prior to the arrival of the alien in 
the United States; 
‘‘(xii) there are reasonable grounds 
for regarding the alien as a danger to the 
security of the United States; 
‘‘(xiii) the alien is described in sub-
clause (I), (II), (III), (IV), or (VI) of sec-
tion 
212(a)(3)(B)(i) 
or 
section 
237(a)(4)(B) (relating to terrorist activ-
ity), unless, in the case only of an alien in-
admissible under subclause (IV) of section 
212(a)(3)(B)(i), the Secretary of Home-
land Security or the Attorney General de-
termines, in the Secretary’s or the Attor-
ney General’s discretion, that there are not 
reasonable grounds for regarding the alien 
as a danger to the security of the United 
States; 
‘‘(xiv) the alien was firmly resettled in 
another country prior to arriving in the 
United States; or 
‘‘(xv) there are reasonable grounds for 
concluding the alien could avoid persecu-
tion by relocating to another part of the 
alien’s country of nationality or, in the 
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case of an alien having no nationality, an-
other part of the alien’s country of last ha-
bitual residence. 
‘‘(B) SPECIAL RULES.— 
‘‘(i) PARTICULARLY SERIOUS CRIME; 
SERIOUS
NONPOLITICAL
CRIME
OUTSIDE 
THE UNITED STATES.— 
‘‘(I) IN GENERAL.—For purposes 
of subparagraph (A)(x), the Attorney 
General or Secretary of Homeland Se-
curity, in their discretion, may deter-
mine that a conviction constitutes a 
particularly serious crime based on— 
‘‘(aa) the nature of the con-
viction; 
‘‘(bb) the type of sentence 
imposed; or 
‘‘(cc) the circumstances and 
underlying facts of the convic-
tion. 
‘‘(II) DETERMINATION.—In mak-
ing a determination under subclause 
(I), the Attorney General or Secretary 
of Homeland Security may consider 
all reliable information and is not lim-
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100 
ited to facts found by the criminal 
court or provided in the underlying 
record of conviction. 
‘‘(III) TREATMENT
OF
FELO-
NIES.—In making a determination 
under subclause (I), an alien who has 
been convicted of a felony (as defined 
under this section) or an aggravated 
felony (as defined under section 
101(a)(43)), shall be considered to 
have been convicted of a particularly 
serious crime. 
‘‘(IV) INTERPOL RED NOTICE.— 
In making a determination under sub-
paragraph (A)(xi), an Interpol Red 
Notice may constitute reliable evi-
dence that the alien has committed a 
serious nonpolitical crime outside the 
United States. 
‘‘(ii) CRIMES AND EXCEPTIONS.— 
‘‘(I) DRIVING
WHILE
INTOXI-
CATED
OR
IMPAIRED.—A 
finding 
under subparagraph (A)(vi) does not 
require the Attorney General or Sec-
retary of Homeland Security to find 
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101 
the first conviction for driving while 
intoxicated or impaired (including a 
conviction for driving while under the 
influence of or impaired by alcohol or 
drugs) as a predicate offense. The At-
torney General or Secretary of Home-
land Security need only make a fac-
tual determination that the alien pre-
viously was convicted for driving while 
intoxicated or impaired as those terms 
are defined under the jurisdiction 
where the conviction occurred (includ-
ing a conviction for driving while 
under the influence of or impaired by 
alcohol or drugs). 
‘‘(II) 
STALKING
AND
OTHER 
CRIMES.—In making a determination 
under subparagraph (A)(viii), includ-
ing determining the existence of a do-
mestic relationship between the alien 
and the victim, the underlying conduct 
of the crime may be considered, and 
the Attorney General or Secretary of 
Homeland Security is not limited to 
facts found by the criminal court or 
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102 
provided in the underlying record of 
conviction. 
‘‘(III) BATTERY
OR
EXTREME 
CRUELTY.—In making a determina-
tion under subparagraph (A)(ix), the 
phrase ‘battery or extreme cruelty’ in-
cludes— 
‘‘(aa) any act or threatened 
act of violence, including any 
forceful detention, which results 
or threatens to result in physical 
or mental injury; 
‘‘(bb) psychological or sexual 
abuse or exploitation, including 
rape, 
molestation, 
incest, 
or 
forced prostitution, shall be con-
sidered acts of violence; and 
‘‘(cc) other abusive acts, in-
cluding acts that, in and of them-
selves, may not initially appear 
violent, but that are a part of an 
overall pattern of violence. 
‘‘(IV) EXCEPTION
FOR
VICTIMS 
OF
DOMESTIC
VIOLENCE.—An alien 
who was convicted of an offense de-
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103 
scribed in clause (viii) or (ix) of sub-
paragraph (A) is not ineligible for 
asylum on that basis if the alien satis-
fies 
the 
criteria 
under 
section 
237(a)(7)(A). 
‘‘(C) SPECIFIC
CIRCUMSTANCES.—Para-
graph (1) shall not apply to an alien whose 
claim is based on— 
‘‘(i) personal animus or retribution, 
including personal animus in which the al-
leged persecutor has not targeted, or mani-
fested an animus against, other members 
of an alleged particular social group in ad-
dition to the member who has raised the 
claim at issue; 
‘‘(ii) the applicant’s generalized dis-
approval of, disagreement with, or opposi-
tion to criminal, terrorist, gang, guerilla, 
or other non-state organizations absent ex-
pressive behavior in furtherance of a dis-
crete cause against such organizations re-
lated to control of a State or expressive be-
havior that is antithetical to the State or 
a legal unit of the State; 
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104 
‘‘(iii) the applicant’s resistance to re-
cruitment or coercion by guerrilla, crimi-
nal, gang, terrorist, or other non-state or-
ganizations; 
‘‘(iv) the targeting of the applicant for 
criminal activity for financial gain based 
on wealth or affluence or perceptions of 
wealth or affluence; 
‘‘(v) the applicant’s criminal activity; 
or 
‘‘(vi) the applicant’s perceived, past or 
present, gang affiliation. 
‘‘(D) 
DEFINITIONS
AND
CLARIFICA-
TIONS.— 
‘‘(i) DEFINITIONS.—For purposes of 
this paragraph: 
‘‘(I) FELONY.—The term ‘felony’ 
means— 
‘‘(aa) any crime defined as a 
felony by the relevant jurisdiction 
(Federal, State, tribal, or local) 
of conviction; or 
‘‘(bb) any crime punishable 
by more than one year of impris-
onment. 
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105 
‘‘(II) MISDEMEANOR.—The term 
‘misdemeanor’ means— 
‘‘(aa) any crime defined as a 
misdemeanor by the relevant ju-
risdiction (Federal, State, tribal, 
or local) of conviction; or 
‘‘(bb) any crime not punish-
able by more than one year of 
imprisonment. 
‘‘(ii) CLARIFICATIONS.— 
‘‘(I) CONSTRUCTION.—For pur-
poses of this paragraph, whether any 
activity or conviction also may con-
stitute a basis for removal is immate-
rial to a determination of asylum eli-
gibility. 
‘‘(II) ATTEMPT, CONSPIRACY, OR 
SOLICITATION.—For purposes of this 
paragraph, all references to a criminal 
offense or criminal conviction shall be 
deemed to include any attempt, con-
spiracy, or solicitation to commit the 
offense or any other inchoate form of 
the offense. 
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‘‘(III) EFFECT OF CERTAIN OR-
DERS.— 
‘‘(aa) 
IN
GENERAL.—No 
order 
vacating 
a 
conviction, 
modifying a sentence, clarifying a 
sentence, or otherwise altering a 
conviction or sentence shall have 
any effect under this paragraph 
unless the Attorney General or 
Secretary of Homeland Security 
determines that— 
‘‘(AA) the court issuing 
the order had jurisdiction 
and authority to do so; and 
‘‘(BB) the order was 
not entered for rehabilitative 
purposes or for purposes of 
ameliorating the immigra-
tion consequences of the 
conviction or sentence. 
‘‘(bb) AMELIORATING IMMI-
GRATION
CONSEQUENCES.—For 
purposes of item (aa)(BB), the 
order shall be presumed to be for 
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107 
the purpose of ameliorating im-
migration consequences if— 
‘‘(AA) the order was 
entered after the initiation 
of any proceeding to remove 
the alien from the United 
States; or 
‘‘(BB) the alien moved 
for the order more than one 
year after the date of the 
original order of conviction 
or sentencing, whichever is 
later. 
‘‘(cc) AUTHORITY OF IMMI-
GRATION
JUDGE.—An immigra-
tion judge is not limited to con-
sideration only of material in-
cluded in any order vacating a 
conviction, modifying a sentence, 
or clarifying a sentence to deter-
mine whether such order should 
be given any effect under this 
paragraph, but may consider 
such additional information as 
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108 
the immigration judge determines 
appropriate. 
‘‘(E) 
ADDITIONAL
LIMITATIONS.—The 
Secretary of Homeland Security or the Attorney 
General may by regulation establish additional 
limitations and conditions, consistent with this 
section, under which an alien shall be ineligible 
for asylum under paragraph (1). 
‘‘(F) NO JUDICIAL REVIEW.—There shall 
be no judicial review of a determination of the 
Secretary of Homeland Security or the Attorney 
General under subparagraph (A)(xiii).’’. 
SEC. 105. EMPLOYMENT AUTHORIZATION. 
Paragraph (2) of section 208(d) of the Immigration 
and Nationality Act (8 U.S.C. 1158(d)) is amended to 
read as follows: 
‘‘(2) EMPLOYMENT AUTHORIZATION.— 
‘‘(A) AUTHORIZATION
PERMITTED.—An 
applicant for asylum is not entitled to employ-
ment authorization, but such authorization may 
be provided under regulation by the Secretary 
of Homeland Security. An applicant who is not 
otherwise eligible for employment authorization 
shall not be granted such authorization prior to 
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109 
the date that is 180 days after the date of filing 
of the application for asylum. 
‘‘(B) TERMINATION.—Each grant of em-
ployment authorization under subparagraph 
(A), and any renewal or extension thereof, shall 
be valid for a period of 6 months, except that 
such authorization, renewal, or extension shall 
terminate prior to the end of such 6 month pe-
riod as follows: 
‘‘(i) Immediately following the denial 
of an asylum application by an asylum offi-
cer, unless the case is referred to an immi-
gration judge. 
‘‘(ii) 30 days after the date on which 
an immigration judge denies an asylum ap-
plication, unless the alien timely appeals to 
the Board of Immigration Appeals. 
‘‘(iii) Immediately following the denial 
by the Board of Immigration Appeals of an 
appeal of a denial of an asylum applica-
tion. 
‘‘(C) RENEWAL.—The Secretary of Home-
land Security may not grant, renew, or extend 
employment authorization to an alien if the 
alien was previously granted employment au-
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110 
thorization under subparagraph (A), and the 
employment authorization was terminated pur-
suant to a circumstance described in subpara-
graph (B)(i), (ii), or (iii), unless a Federal 
court of appeals remands the alien’s case to the 
Board of Immigration Appeals. 
‘‘(D) INELIGIBILITY.—The Secretary of 
Homeland Security may not grant employment 
authorization to an alien under this paragraph 
if the alien— 
‘‘(i) is ineligible for asylum under sub-
section (b)(2)(A); or 
‘‘(ii) entered or attempted to enter the 
United States at a place and time other 
than lawfully through a United States port 
of entry.’’. 
SEC. 106. ASYLUM FEES. 
Paragraph (3) of section 208(d) of the Immigration 
and Nationality Act (8 U.S.C. 1158(d)) is amended to 
read as follows: 
‘‘(3) FEES.— 
‘‘(A) APPLICATION FEE.—A fee of not less 
than $50 for each application for asylum shall 
be imposed. Such fee shall not exceed the cost 
of adjudicating the application. Such fee shall 
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111 
not apply to an unaccompanied alien child who 
files an asylum application in proceedings under 
section 240. 
‘‘(B) EMPLOYMENT
AUTHORIZATION.—A 
fee may also be imposed for the consideration 
of an application for employment authorization 
under this section and for adjustment of status 
under section 209(b). Such a fee shall not ex-
ceed the cost of adjudicating the application. 
‘‘(C) PAYMENT.—Fees under this para-
graph may be assessed and paid over a period 
of time or by installments. 
‘‘(D) RULE OF CONSTRUCTION.—Nothing 
in this paragraph shall be construed to limit the 
authority of the Attorney General or Secretary 
of Homeland Security to set adjudication and 
naturalization fees in accordance with section 
286(m).’’. 
SEC. 107. RULES FOR DETERMINING ASYLUM ELIGIBILITY. 
Section 208 of the Immigration and Nationality Act 
(8 U.S.C. 1158) is amended by adding at the end the fol-
lowing: 
‘‘(f) RULES
FOR DETERMINING ASYLUM ELIGI-
BILITY.—In making a determination under subsection 
(b)(1)(A) with respect to whether an alien is a refugee 
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112 
within the meaning of section 101(a)(42)(A), the following 
shall apply: 
‘‘(1) PARTICULAR
SOCIAL
GROUP.—The Sec-
retary of Homeland Security or the Attorney Gen-
eral shall not determine that an alien is a member 
of a particular social group unless the alien articu-
lates on the record, or provides a basis on the record 
for determining, the definition and boundaries of the 
alleged particular social group, establishes that the 
particular social group exists independently from the 
alleged persecution, and establishes that the alien’s 
claim of membership in a particular social group 
does not involve— 
‘‘(A) past or present criminal activity or 
association (including gang membership); 
‘‘(B) presence in a country with general-
ized violence or a high crime rate; 
‘‘(C) being the subject of a recruitment ef-
fort by criminal, terrorist, or persecutory 
groups; 
‘‘(D) the targeting of the applicant for 
criminal activity for financial gain based on per-
ceptions of wealth or affluence; 
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113 
‘‘(E) interpersonal disputes of which gov-
ernmental authorities in the relevant society or 
region were unaware or uninvolved; 
‘‘(F) private criminal acts of which govern-
mental authorities in the relevant society or re-
gion were unaware or uninvolved; 
‘‘(G) past or present terrorist activity or 
association; 
‘‘(H) past or present persecutory activity 
or association; or 
‘‘(I) status as an alien returning from the 
United States. 
‘‘(2) POLITICAL
OPINION.—The Secretary of 
Homeland Security or the Attorney General may not 
determine that an alien holds a political opinion with 
respect to which the alien is subject to persecution 
if the political opinion is constituted solely by gener-
alized disapproval of, disagreement with, or opposi-
tion to criminal, terrorist, gang, guerilla, or other 
non-state organizations and does not include expres-
sive behavior in furtherance of a cause against such 
organizations related to efforts by the State to con-
trol such organizations or behavior that is antithet-
ical to or otherwise opposes the ruling legal entity of 
the State or a unit thereof. 
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114 
‘‘(3) PERSECUTION.—The Secretary of Home-
land Security or the Attorney General may not de-
termine that an alien has been subject to persecution 
or has a well-founded fear of persecution based only 
on— 
‘‘(A) the existence of laws or government 
policies that are unenforced or infrequently en-
forced, unless there is credible evidence that 
such a law or policy has been or would be ap-
plied to the applicant personally; or 
‘‘(B) the conduct of rogue foreign govern-
ment officials acting outside the scope of their 
official capacity. 
‘‘(4) DISCRETIONARY DETERMINATION.— 
‘‘(A) 
ADVERSE
DISCRETIONARY
FAC-
TORS.—The Secretary of Homeland Security or 
the Attorney General may only grant asylum to 
an alien if the alien establishes that he or she 
warrants a favorable exercise of discretion. In 
making such a determination, the Attorney 
General or Secretary of Homeland Security 
shall consider, if applicable, an alien’s use of 
fraudulent documents to enter the United 
States, unless the alien arrived in the United 
States by air, sea, or land directly from the ap-
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115 
plicant’s home country without transiting 
through any other country. 
‘‘(B) FAVORABLE
EXERCISE
OF
DISCRE-
TION NOT PERMITTED.—Except as provided in 
subparagraph (C), the Attorney General or Sec-
retary of Homeland Security shall not favorably 
exercise discretion under this section for any 
alien who— 
‘‘(i) has accrued more than one year 
of unlawful presence in the United States, 
as defined in sections 212(a)(9)(B)(ii) and 
(iii), prior to filing an application for asy-
lum; 
‘‘(ii) at the time the asylum applica-
tion is filed with the immigration court or 
is referred from the Department of Home-
land Security, has— 
‘‘(I) failed to timely file (or time-
ly file a request for an extension of 
time to file) any required Federal, 
State, or local income tax returns; 
‘‘(II) failed to satisfy any out-
standing Federal, State, or local tax 
obligations; or 
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116 
‘‘(III) income that would result 
in tax liability under section 1 of the 
Internal Revenue Code of 1986 and 
that was not reported to the Internal 
Revenue Service; 
‘‘(iii) has had two or more prior asy-
lum applications denied for any reason; 
‘‘(iv) has withdrawn a prior asylum 
application with prejudice or been found to 
have abandoned a prior asylum application; 
‘‘(v) failed to attend an interview re-
garding his or her asylum application with 
the Department of Homeland Security, un-
less the alien shows by a preponderance of 
the evidence that— 
‘‘(I) exceptional circumstances 
prevented the alien from attending the 
interview; or 
‘‘(II) the interview notice was not 
mailed to the last address provided by 
the alien or the alien’s representative 
and neither the alien nor the alien’s 
representative received notice of the 
interview; or 
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117 
‘‘(vi) was subject to a final order of 
removal, deportation, or exclusion and did 
not file a motion to reopen to seek asylum 
based on changed country conditions with-
in one year of the change in country condi-
tions. 
‘‘(C) EXCEPTIONS.—If one or more of the 
adverse discretionary factors set forth in sub-
paragraph (B) are present, the Attorney Gen-
eral or the Secretary, may, notwithstanding 
such subparagraph (B), favorably exercise dis-
cretion under section 208— 
‘‘(i) in extraordinary circumstances, 
such as those involving national security or 
foreign policy considerations; or 
‘‘(ii) if the alien, by clear and con-
vincing evidence, demonstrates that the de-
nial of the application for asylum would re-
sult in exceptional and extremely unusual 
hardship to the alien. 
‘‘(5) LIMITATION.—If the Secretary or the At-
torney General determines that an alien fails to sat-
isfy the requirement under paragraph (1), the alien 
may not be granted asylum based on membership in 
a particular social group, and may not appeal the 
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118 
determination of the Secretary or Attorney General, 
as applicable. A determination under this paragraph 
shall not serve as the basis for any motion to reopen 
or reconsider an application for asylum or with-
holding of removal for any reason, including a claim 
of ineffective assistance of counsel, unless the alien 
complies with the procedural requirements for such 
a motion and demonstrates that counsel’s failure to 
define, or provide a basis for defining, a formulation 
of a particular social group was both not a strategic 
choice and constituted egregious conduct. 
‘‘(6) STEREOTYPES.—Evidence offered in sup-
port of an application for asylum that promotes cul-
tural stereotypes about a country, its inhabitants, or 
an alleged persecutor, including stereotypes based on 
race, religion, nationality, or gender, shall not be ad-
missible in adjudicating that application, except that 
evidence 
that 
an 
alleged 
persecutor 
holds 
stereotypical views of the applicant shall be admis-
sible. 
‘‘(7) DEFINITIONS.—In this section: 
‘‘(A) The term ‘membership in a particular 
social group’ means membership in a group 
that is— 
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119 
‘‘(i) composed of members who share 
a common immutable characteristic; 
‘‘(ii) defined with particularity; and 
‘‘(iii) socially distinct within the soci-
ety in question. 
‘‘(B) The term ‘political opinion’ means an 
ideal or conviction in support of the furtherance 
of a discrete cause related to political control of 
a state or a unit thereof. 
‘‘(C) The term ‘persecution’ means the in-
fliction of a severe level of harm constituting an 
exigent threat by the government of a country 
or by persons or an organization that the gov-
ernment was unable or unwilling to control. 
Such term does not include— 
‘‘(i) generalized harm or violence that 
arises out of civil, criminal, or military 
strife in a country; 
‘‘(ii) all treatment that the United 
States regards as unfair, offensive, unjust, 
unlawful, or unconstitutional; 
‘‘(iii) intermittent harassment, includ-
ing brief detentions; 
‘‘(iv) threats with no actual effort to 
carry out the threats, except that particu-
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120 
larized threats of severe harm of an imme-
diate and menacing nature made by an 
identified entity may constitute persecu-
tion; or 
‘‘(v) non-severe economic harm or 
property damage.’’. 
SEC. 108. FIRM RESETTLEMENT. 
Section 208 of the Immigration and Nationality Act 
(8 U.S.C. 1158), as amended by this title, is further 
amended by adding at the end the following: 
‘‘(g) FIRM RESETTLEMENT.—In determining wheth-
er an alien was firmly resettled in another country prior 
to arriving in the United States under subsection 
(b)(2)(A)(xiv), the following shall apply: 
‘‘(1) IN GENERAL.—An alien shall be consid-
ered to have firmly resettled in another country if, 
after the events giving rise to the alien’s asylum 
claim— 
‘‘(A) the alien resided in a country through 
which the alien transited prior to arriving in or 
entering the United States and— 
‘‘(i) received or was eligible for any 
permanent legal immigration status in that 
country; 
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121 
‘‘(ii) resided in such a country with 
any non-permanent but indefinitely renew-
able legal immigration status (including 
asylee, refugee, or similar status, but ex-
cluding status of a tourist); or 
‘‘(iii) resided in such a country and 
could have applied for and obtained an im-
migration status described in clause (ii); 
‘‘(B) the alien physically resided volun-
tarily, and without continuing to suffer persecu-
tion or torture, in any one country for one year 
or more after departing his country of nation-
ality or last habitual residence and prior to ar-
rival in or entry into the United States, except 
for any time spent in Mexico by an alien who 
is not a native or citizen of Mexico solely as a 
direct result of being returned to Mexico pursu-
ant to section 235(b)(3) or of being subject to 
metering; or 
‘‘(C) the alien is a citizen of a country 
other than the country in which the alien al-
leges a fear of persecution, or was a citizen of 
such a country in the case of an alien who re-
nounces such citizenship, and the alien was 
present in that country after departing his 
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122 
country of nationality or last habitual residence 
and prior to arrival in or entry into the United 
States. 
‘‘(2) BURDEN OF PROOF.—If an immigration 
judge determines that an alien has firmly resettled 
in another country under paragraph (1), the alien 
shall bear the burden of proving the bar does not 
apply. 
‘‘(3) FIRM
RESETTLEMENT
OF
PARENT.—An 
alien shall be presumed to have been firmly resettled 
in another country if the alien’s parent was firmly 
resettled in another country, the parent’s resettle-
ment occurred before the alien turned 18 years of 
age, and the alien resided with such parent at the 
time of the firm resettlement, unless the alien estab-
lishes that he or she could not have derived any per-
manent legal immigration status or any non-perma-
nent but indefinitely renewable legal immigration 
status (including asylum, refugee, or similar status, 
but excluding status of a tourist) from the alien’s 
parent.’’. 
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123 
SEC. 109. NOTICE CONCERNING FRIVOLOUS ASYLUM AP-
PLICATIONS. 
(a) IN GENERAL.—Section 208(d)(4) of the Immi-
gration and Nationality Act (8 U.S.C. 1158(d)(4)) is 
amended— 
(1) in the matter preceding subparagraph (A), 
by inserting ‘‘the Secretary of Homeland Security 
or’’ before ‘‘the Attorney General’’; 
(2) in subparagraph (A), by striking ‘‘and of 
the consequences, under paragraph (6), of knowingly 
filing a frivolous application for asylum; and’’ and 
inserting a semicolon; 
(3) in subparagraph (B), by striking the period 
and inserting ‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(C) ensure that a written warning ap-
pears on the asylum application advising the 
alien of the consequences of filing a frivolous 
application and serving as notice to the alien of 
the consequence of filing a frivolous applica-
tion.’’. 
(b) CONFORMING AMENDMENT.—Section 208(d)(6) 
of the Immigration and Nationality Act (8 U.S.C. 
1158(d)(6)) is amended by striking ‘‘If the’’ and all that 
follows and inserting: 
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124 
‘‘(A) IN
GENERAL.—If the Secretary of 
Homeland Security or the Attorney General de-
termines that an alien has knowingly made a 
frivolous application for asylum and the alien 
has received the notice under paragraph (4)(C), 
the alien shall be permanently ineligible for any 
benefits under this chapter, effective as the date 
of the final determination of such an applica-
tion. 
‘‘(B) CRITERIA.—An application is frivo-
lous if the Secretary of Homeland Security or 
the Attorney General determines, consistent 
with subparagraph (C), that— 
‘‘(i) it is so insufficient in substance 
that it is clear that the applicant know-
ingly filed the application solely or in part 
to delay removal from the United States, 
to seek employment authorization as an 
applicant for asylum pursuant to regula-
tions issued pursuant to paragraph (2), or 
to seek issuance of a Notice to Appear in 
order to pursue Cancellation of Removal 
under section 240A(b); or 
‘‘(ii) any of the material elements are 
knowingly fabricated. 
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125 
‘‘(C) SUFFICIENT OPPORTUNITY TO CLAR-
IFY.—In determining that an application is friv-
olous, the Secretary or the Attorney General, 
must be satisfied that the applicant, during the 
course of the proceedings, has had sufficient op-
portunity to clarify any discrepancies or implau-
sible aspects of the claim. 
‘‘(D) WITHHOLDING
OF
REMOVAL
NOT 
PRECLUDED.—For purposes of this section, a 
finding that an alien filed a frivolous asylum 
application shall not preclude the alien from 
seeking withholding of removal under section 
241(b)(3) or protection pursuant to the Con-
vention Against Torture.’’. 
SEC. 110. TECHNICAL AMENDMENTS. 
Section 208 of the Immigration and Nationality Act 
(8 U.S.C. 1158) is amended— 
(1) in subsection (a)— 
(A) in paragraph (2)(D), by inserting 
‘‘Secretary of Homeland Security or the’’ before 
‘‘Attorney General’’; and 
(B) in paragraph (3), by inserting ‘‘Sec-
retary of Homeland Security or the’’ before 
‘‘Attorney General’’; 
(2) in subsection (c)— 
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126 
(A) in paragraph (1), by striking ‘‘Attor-
ney General’’ each place such term appears and 
inserting ‘‘Secretary of Homeland Security’’; 
(B) in paragraph (2), in the matter pre-
ceding subparagraph (A), by inserting ‘‘Sec-
retary of Homeland Security or the’’ before 
‘‘Attorney General’’; and 
(C) in paragraph (3), by inserting ‘‘Sec-
retary of Homeland Security or the’’ before 
‘‘Attorney General’’; and 
(3) in subsection (d)— 
(A) in paragraph (1), by inserting ‘‘Sec-
retary of Homeland Security or the’’ before 
‘‘Attorney General’’ each place such term ap-
pears; and 
(B) in paragraph (5)— 
(i) in subparagraph (A), by striking 
‘‘Attorney General’’ and inserting ‘‘Sec-
retary of Homeland Security’’; and 
(ii) in subparagraph (B), by inserting 
‘‘Secretary of Homeland Security or the’’ 
before ‘‘Attorney General’’. 
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127 
SEC. 111. REQUIREMENT FOR PROCEDURES RELATING TO 
CERTAIN ASYLUM APPLICATIONS. 
(a) IN GENERAL.—Not later than 30 days after the 
date of the enactment of this Act, the Attorney General 
shall establish procedures to expedite the adjudication of 
asylum applications for aliens— 
(1) who are subject to removal proceedings 
under section 240 of the Immigration and Nation-
ality Act (8 U.S.C. 1229a); and 
(2) who are nationals of a Western Hemisphere 
country sanctioned by the United States, as de-
scribed in subsection (b), as of January 1, 2023. 
(b) WESTERN HEMISPHERE COUNTRY SANCTIONED 
BY THE UNITED STATES DESCRIBED.—Subsection (a) 
shall apply only to an asylum application filed by an alien 
who is a national of a Western Hemisphere country sub-
ject to sanctions pursuant to— 
(1) the Cuban Liberty and Democratic Soli-
darity (LIBERTAD) Act of 1996 (22 U.S.C. 6021 
note); 
(2) the Reinforcing Nicaragua’s Adherence to 
Conditions for Electoral Reform Act of 2021 or the 
RENACER Act (50 U.S.C. 1701 note); or 
(3) Executive Order 13692 (80 Fed. Reg. 
12747; declaring a national emergency with respect 
to the situation in Venezuela). 
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128 
(c) APPLICABILITY.—This section shall only apply to 
an alien who files an application for asylum after the date 
of the enactment of this Act. 
TITLE II—BORDER SAFETY AND 
MIGRANT PROTECTION 
SEC. 201. INSPECTION OF APPLICANTS FOR ADMISSION. 
Section 235 of the Immigration and Nationality Act 
(8 U.S.C. 1225) is amended— 
(1) in subsection (b)— 
(A) in paragraph (1)— 
(i) in subparagraph (A)— 
(I) in clauses (i) and (ii), by 
striking ‘‘section 212(a)(6)(C)’’ in-
serting ‘‘subparagraph (A) or (C) of 
section 212(a)(6)’’; and 
(II) by adding at the end the fol-
lowing: 
‘‘(iv) INELIGIBILITY
FOR
PAROLE.— 
An alien described in clause (i) or (ii) shall 
not be eligible for parole except as ex-
pressly authorized pursuant to section 
212(d)(5), or for parole or release pursu-
ant to section 236(a).’’; and 
(ii) in subparagraph (B)— 
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129 
(I) in clause (ii), by striking 
‘‘asylum.’’ and inserting ‘‘asylum and 
shall not be released (including pursu-
ant to parole or release pursuant to 
section 236(a) but excluding as ex-
pressly authorized pursuant to section 
212(d)(5)) other than to be removed 
or returned to a country as described 
in paragraph (3).’’; and 
(II) in clause (iii)(IV)— 
(aa) in the header by strik-
ing ‘‘DETENTION’’ and inserting 
‘‘DETENTION, RETURN, OR
RE-
MOVAL’’; and 
(bb) by adding at the end 
the following: ‘‘The alien shall 
not be released (including pursu-
ant to parole or release pursuant 
to section 236(a) but excluding 
as expressly authorized pursuant 
to section 212(d)(5)) other than 
to be removed or returned to a 
country as described in para-
graph (3).’’; 
(B) in paragraph (2)— 
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130 
(i) in subparagraph (A)— 
(I) by striking ‘‘Subject to sub-
paragraphs (B) and (C),’’ and insert-
ing ‘‘Subject to subparagraph (B) and 
paragraph (3),’’; and 
(II) by adding at the end the fol-
lowing: ‘‘The alien shall not be re-
leased (including pursuant to parole 
or release pursuant to section 236(a) 
but excluding as expressly authorized 
pursuant to section 212(d)(5)) other 
than to be removed or returned to a 
country as described in paragraph 
(3).’’; and 
(ii) by striking subparagraph (C); 
(C) by redesignating paragraph (3) as 
paragraph (5); and 
(D) by inserting after paragraph (2) the 
following: 
‘‘(3) RETURN TO FOREIGN TERRITORY CONTIG-
UOUS TO THE UNITED STATES.— 
‘‘(A) IN
GENERAL.—The Secretary of 
Homeland Security may return to a foreign ter-
ritory contiguous to the United States any alien 
arriving on land from that territory (whether or 
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131 
not at a designated port of entry) pending a 
proceeding under section 240 or review of a de-
termination under subsection (b)(1)(B)(iii)(III). 
‘‘(B) MANDATORY
RETURN.—If at any 
time the Secretary of Homeland Security can-
not— 
‘‘(i) comply with its obligations to de-
tain an alien as required under clauses (ii) 
and (iii)(IV) of subsection (b)(1)(B) and 
subsection (b)(2)(A); or 
‘‘(ii) remove an alien to a country de-
scribed in section 208(a)(2)(A), 
the Secretary of Homeland Security shall, with-
out exception, including pursuant to parole or 
release pursuant to section 236(a) but exclud-
ing as expressly authorized pursuant to section 
212(d)(5), return to a foreign territory contig-
uous to the United States any alien arriving on 
land from that territory (whether or not at a 
designated port of entry) pending a proceeding 
under section 240 or review of a determination 
under subsection (b)(1)(B)(iii)(III). 
‘‘(4) ENFORCEMENT
BY
STATE
ATTORNEYS 
GENERAL.—The attorney general of a State, or 
other authorized State officer, alleging a violation of 
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132 
the detention, return, or removal requirements under 
paragraph (1), (2), or (3) that affects such State or 
its residents, may bring an action against the Sec-
retary of Homeland Security on behalf of the resi-
dents of the State in an appropriate United States 
district court to obtain appropriate injunctive re-
lief.’’; and 
(2) by adding at the end the following: 
‘‘(e) AUTHORITY TO PROHIBIT INTRODUCTION OF 
CERTAIN ALIENS.—If the Secretary of Homeland Security 
determines, in his discretion, that the prohibition of the 
introduction of aliens who are inadmissible under subpara-
graph (A) or (C) of section 212(a)(6) or under section 
212(a)(7) at an international land or maritime border of 
the United States is necessary to achieve operational con-
trol (as defined in section 2 of the Secure Fence Act of 
2006 (8 U.S.C. 1701 note)) of such border, the Secretary 
may prohibit, in whole or in part, the introduction of such 
aliens at such border for such period of time as the Sec-
retary determines is necessary for such purpose.’’. 
SEC. 202. OPERATIONAL DETENTION FACILITIES. 
(a) IN GENERAL.—Not later than September 30, 
2023, the Secretary of Homeland Security shall take all 
necessary actions to reopen or restore all U.S. Immigra-
tion and Customs Enforcement detention facilities that 
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133 
were in operation on January 20, 2021, that subsequently 
closed or with respect to which the use was altered, re-
duced, or discontinued after January 20, 2021. In car-
rying out the requirement under this subsection, the Sec-
retary may use the authority under section 103(a)(11) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1103(a)(11)). 
(b) SPECIFIC FACILITIES.—The requirement under 
subsection (a) shall include at a minimum, reopening, or 
restoring, the following facilities: 
(1) Irwin County Detention Center in Georgia. 
(2) C. Carlos Carreiro Immigration Detention 
Center in Bristol County, Massachusetts. 
(3) Etowah County Detention Center in Gads-
den, Alabama. 
(4) Glades County Detention Center in Moore 
Haven, Florida. 
(5) South Texas Family Residential Center. 
(c) EXCEPTION.— 
(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), the Secretary of Homeland Se-
curity is authorized to obtain equivalent capacity for 
detention facilities at locations other than those list-
ed in subsection (b). 
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134 
(2) LIMITATION.—The Secretary may not take 
action under paragraph (1) unless the capacity ob-
tained would result in a reduction of time and cost 
relative to the cost and time otherwise required to 
obtain such capacity. 
(3) SOUTH TEXAS FAMILY RESIDENTIAL CEN-
TER.—The exception under paragraph (1) shall not 
apply to the South Texas Family Residential Center. 
The Secretary shall take all necessary steps to mod-
ify and operate the South Texas Family Residential 
Center in the same manner and capability it was op-
erating on January 20, 2021. 
(d) PERIODIC REPORT.—Not later than 90 days after 
the date of the enactment of this Act, and every 90 days 
thereafter until September 30, 2027, the Secretary of 
Homeland Security shall submit to the appropriate con-
gressional committees a detailed plan for and a status re-
port on— 
(1) compliance with the deadline under sub-
section (a); 
(2) the increase in detention capabilities re-
quired by this section— 
(A) for the 90-day period immediately pre-
ceding the date such report is submitted; and 
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135 
(B) for the period beginning on the first 
day of the fiscal year during which the report 
is submitted, and ending on the date such re-
port is submitted; 
(3) the number of detention beds that were 
used and the number of available detention beds 
that were not used during— 
(A) the 90-day period immediately pre-
ceding the date such report is submitted; and 
(B) the period beginning on the first day 
of the fiscal year during which the report is 
submitted, and ending on the date such report 
is submitted; 
(4) the number of aliens released due to a lack 
of available detention beds; and 
(5) the resources the Department of Homeland 
Security needs in order to comply with the require-
ments under this section. 
(e) NOTIFICATION.—The Secretary of Homeland Se-
curity shall notify Congress, and include with such notifi-
cation a detailed description of the resources the Depart-
ment of Homeland Security needs in order to detain all 
aliens whose detention is mandatory or nondiscretionary 
under the Immigration and Nationality Act (8 U.S.C. 
1101 et seq.)— 
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136 
(1) not later than 5 days after all U.S. Immi-
gration and Customs Enforcement detention facili-
ties reach 90 percent of capacity; 
(2) not later than 5 days after all U.S. Immi-
gration and Customs Enforcement detention facili-
ties reach 95 percent of capacity; and 
(3) not later than 5 days after all U.S. Immi-
gration and Customs Enforcement detention facili-
ties reach full capacity. 
(f) APPROPRIATE CONGRESSIONAL COMMITTEES.— 
In this section, the term ‘‘appropriate congressional com-
mittees’’ means— 
(1) the Committee on the Judiciary of the 
House of Representatives; 
(2) the Committee on Appropriations of the 
House of Representatives; 
(3) the Committee on the Judiciary of the Sen-
ate; and 
(4) the Committee on Appropriations of the 
Senate. 
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137 
TITLE III—PREVENTING UNCON-
TROLLED MIGRATION FLOWS 
IN 
THE 
WESTERN 
HEMI-
SPHERE 
SEC. 301. UNITED STATES POLICY REGARDING WESTERN 
HEMISPHERE COOPERATION ON IMMIGRA-
TION AND ASYLUM. 
It is the policy of the United States to enter into 
agreements, accords, and memoranda of understanding 
with countries in the Western Hemisphere, the purposes 
of which are to advance the interests of the United States 
by reducing costs associated with illegal immigration and 
to protect the human capital, societal traditions, and eco-
nomic growth of other countries in the Western Hemi-
sphere. It is further the policy of the United States to 
ensure that humanitarian and development assistance 
funding aimed at reducing illegal immigration is not ex-
pended on programs that have not proven to reduce illegal 
immigrant flows in the aggregate. 
SEC. 302. NEGOTIATIONS BY SECRETARY OF STATE. 
(a) AUTHORIZATION TO NEGOTIATE.—The Secretary 
of State shall seek to negotiate agreements, accords, and 
memoranda of understanding between the United States, 
Mexico, Honduras, El Salvador, Guatemala, and other 
countries in the Western Hemisphere with respect to co-
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138 
operation and burden sharing required for effective re-
gional immigration enforcement, expediting legal claims by 
aliens for asylum, and the processing, detention, and repa-
triation of foreign nationals seeking to enter the United 
States unlawfully. Such agreements shall be designed to 
facilitate a regional approach to immigration enforcement 
and shall, at a minimum, provide that— 
(1) the Government of Mexico authorize and ac-
cept the rapid entrance into Mexico of nationals of 
countries other than Mexico who seek asylum in 
Mexico, and process the asylum claims of such na-
tionals inside Mexico, in accordance with both do-
mestic law and international treaties and conven-
tions governing the processing of asylum claims; 
(2) the Government of Mexico authorize and ac-
cept both the rapid entrance into Mexico of all na-
tionals of countries other than Mexico who are ineli-
gible for asylum in Mexico and wish to apply for 
asylum in the United States, whether or not at a 
port of entry, and the continued presence of such 
nationals in Mexico while they wait for the adjudica-
tion of their asylum claims to conclude in the United 
States; 
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139 
(3) the Government of Mexico commit to pro-
vide the individuals described in paragraphs (1) and 
(2) with appropriate humanitarian protections; 
(4) the Government of Honduras, the Govern-
ment of El Salvador, and the Government of Guate-
mala each authorize and accept the entrance into 
the respective countries of nationals of other coun-
tries seeking asylum in the applicable such country 
and process such claims in accordance with applica-
ble domestic law and international treaties and con-
ventions governing the processing of asylum claims; 
(5) the Government of the United States com-
mit to work to accelerate the adjudication of asylum 
claims and to conclude removal proceedings in the 
wake of asylum adjudications as expeditiously as 
possible; 
(6) the Government of the United States com-
mit to continue to assist the governments of coun-
tries in the Western Hemisphere, such as the Gov-
ernment of Honduras, the Government of El Sal-
vador, and the Government of Guatemala, by sup-
porting the enhancement of asylum capacity in those 
countries; and 
(7) the Government of the United States com-
mit to monitoring developments in hemispheric im-
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140 
migration trends and regional asylum capabilities to 
determine whether additional asylum cooperation 
agreements are warranted. 
(b) NOTIFICATION IN ACCORDANCE WITH CASE-ZA-
BLOCKI ACT.—The Secretary of State shall, in accordance 
with section 112b of title 1, United States Code, promptly 
inform the relevant congressional committees of each 
agreement entered into pursuant to subsection (a). Such 
notifications shall be submitted not later than 48 hours 
after such agreements are signed. 
(c) ALIEN DEFINED.—In this section, the term 
‘‘alien’’ has the meaning given such term in section 101 
of the Immigration and Nationality Act (8 U.S.C. 1101). 
SEC. 303. MANDATORY BRIEFINGS ON UNITED STATES EF-
FORTS TO ADDRESS THE BORDER CRISIS. 
(a) BRIEFING REQUIRED.—Not later than 90 days 
after the date of the enactment of this Act, and not less 
frequently than once every 90 days thereafter until the 
date described in subsection (b), the Secretary of State, 
or the designee of the Secretary of State, shall provide 
to the appropriate congressional committees an in-person 
briefing on efforts undertaken pursuant to the negotiation 
authority provided by section 302 of this title to monitor, 
deter, and prevent illegal immigration to the United 
States, including by entering into agreements, accords, 
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141 
and memoranda of understanding with foreign countries 
and by using United States foreign assistance to stem the 
root causes of migration in the Western Hemisphere. 
(b) TERMINATION OF MANDATORY BRIEFING.—The 
date described in this subsection is the date on which the 
Secretary of State, in consultation with the heads of other 
relevant Federal departments and agencies, determines 
and certifies to the appropriate congressional committees 
that illegal immigration flows have subsided to a manage-
able rate. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means the Committee on Foreign Af-
fairs of the House of Representatives and the Committee 
on Foreign Relations of the Senate. 
TITLE IV—ENSURING UNITED 
FAMILIES AT THE BORDER 
SEC. 401. CLARIFICATION OF STANDARDS FOR FAMILY DE-
TENTION. 
(a) IN GENERAL.—Section 235 of the William Wil-
berforce Trafficking Victims Protection Reauthorization 
Act of 2008 (8 U.S.C. 1232) is amended by adding at 
the end the following: 
‘‘(j) CONSTRUCTION.— 
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142 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, judicial determination, consent de-
cree, or settlement agreement, the detention of any 
alien child who is not an unaccompanied alien child 
shall be governed by sections 217, 235, 236, and 
241 of the Immigration and Nationality Act (8 
U.S.C. 1187, 1225, 1226, and 1231). There is no 
presumption that an alien child who is not an unac-
companied alien child should not be detained. 
‘‘(2) FAMILY
DETENTION.—The Secretary of 
Homeland Security shall— 
‘‘(A) maintain the care and custody of an 
alien, during the period during which the 
charges described in clause (i) are pending, 
who— 
‘‘(i) is charged only with a mis-
demeanor offense under section 275(a) of 
the Immigration and Nationality Act (8 
U.S.C. 1325(a)); and 
‘‘(ii) entered the United States with 
the alien’s child who has not attained 18 
years of age; and 
‘‘(B) detain the alien with the alien’s 
child.’’. 
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143 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that the amendments in this section to section 235 
of the William Wilberforce Trafficking Victims Protection 
Reauthorization Act of 2008 (8 U.S.C. 1232) are intended 
to satisfy the requirements of the Settlement Agreement 
in Flores v. Meese, No. 85–4544 (C.D. Cal), as approved 
by the court on January 28, 1997, with respect to its in-
terpretation in Flores v. Johnson, 212 F. Supp. 3d 864 
(C.D. Cal. 2015), that the agreement applies to accom-
panied minors. 
(c) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall apply to all actions that occur 
before, on, or after such date. 
(d) PREEMPTION OF STATE LICENSING REQUIRE-
MENTS.—Notwithstanding any other provision of law, ju-
dicial determination, consent decree, or settlement agree-
ment, no State may require that an immigration detention 
facility used to detain children who have not attained 18 
years of age, or families consisting of one or more of such 
children and the parents or legal guardians of such chil-
dren, that is located in that State, be licensed by the State 
or any political subdivision thereof. 
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144 
TITLE V—PROTECTION OF 
CHILDREN 
SEC. 501. FINDINGS. 
Congress makes the following findings: 
(1) Implementation of the provisions of the 
Trafficking Victims Protection Reauthorization Act 
of 2008 that govern unaccompanied alien children 
has incentivized multiple surges of unaccompanied 
alien children arriving at the southwest border in the 
years since the bill’s enactment. 
(2) The provisions of the Trafficking Victims 
Protection Reauthorization Act of 2008 that govern 
unaccompanied alien children treat unaccompanied 
alien children from countries that are contiguous to 
the United States disparately by swiftly returning 
them to their home country absent indications of 
trafficking or a credible fear of return, but allowing 
for the release of unaccompanied alien children from 
noncontiguous countries into the interior of the 
United States, often to those individuals who paid to 
smuggle them into the country in the first place. 
(3) The provisions of the Trafficking Victims 
Protection Reauthorization Act of 2008 governing 
unaccompanied alien children have enriched the car-
tels, who profit hundreds of millions of dollars each 
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145 
year by smuggling unaccompanied alien children to 
the southwest border, exploiting and sexually abus-
ing many such unaccompanied alien children on the 
perilous journey. 
(4) Prior to 2008, the number of unaccom-
panied alien children encountered at the southwest 
border never exceeded 1,000 in a single year. 
(5) The United States is currently in the midst 
of the worst crisis of unaccompanied alien children 
in our nation’s history, with over 350,000 such un-
accompanied alien children encountered at the 
southwest border since Joe Biden became President. 
(6) In 2022, during the Biden Administration, 
152,057 unaccompanied alien children were encoun-
tered, the most ever in a single year and an over 
400 percent increase compared to the last full fiscal 
year of the Trump Administration in which 33,239 
unaccompanied alien children were encountered. 
(7) The Biden Administration has lost contact 
with at least 85,000 unaccompanied alien children 
who entered the United States since Joe Biden took 
office. 
(8) The Biden Administration dismantled effec-
tive safeguards put in place by the Trump Adminis-
tration that protected unaccompanied alien children 
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146 
from being abused by criminals or exploited for ille-
gal and dangerous child labor. 
(9) A recent New York Times investigation 
found that unaccompanied alien children are being 
exploited in the labor market and ‘‘are ending up in 
some of the most punishing jobs in the country.’’. 
(10) The Times investigation found unaccom-
panied alien children, ‘‘under intense pressure to 
earn money’’ in order to ‘‘send cash back to their 
families while often being in debt to their sponsors 
for smuggling fees, rent, and living expenses,’’ 
feared ‘‘that they had become trapped in cir-
cumstances they never could have imagined.’’. 
(11) The Biden Administration’s Department of 
Health and Human Services Secretary Xavier 
Becerra compared placing unaccompanied alien chil-
dren with sponsors, to widgets in an assembly line, 
stating that, ‘‘If Henry Ford had seen this in his 
plant, he would have never become famous and rich. 
This is not the way you do an assembly line.’’. 
(12) Department of Health and Human Serv-
ices employees working under Secretary Xavier 
Becerra’s leadership penned a July 2021 memo-
randum expressing serious concern that ‘‘labor traf-
ficking was increasing’’ and that the agency had be-
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147 
come ‘‘one that rewards individuals for making quick 
releases, and not one that rewards individuals for 
preventing unsafe releases.’’. 
(13) Despite this, Secretary Xavier Becerra 
pressured then-Director of the Office of Refugee Re-
settlement Cindy Huang to prioritize releases of un-
accompanied alien children over ensuring their safe-
ty, telling her ‘‘if she could not increase the number 
of discharges he would find someone who could’’ and 
then-Director Huang resigned one month later. 
(14) In June 2014, the Obama-Biden Adminis-
tration requested legal authority to exercise discre-
tion in returning and removing unaccompanied alien 
children from non-contiguous countries back to their 
home countries. 
(15) In August 2014, the House of Representa-
tives passed H.R. 5320, which included the Protec-
tion of Children Act. 
(16) This title ends the disparate policies of the 
Trafficking Victims Protection Reauthorization Act 
of 2008 by ensuring the swift return of all unaccom-
panied alien children to their country of origin if 
they are not victims of trafficking and do not have 
a fear of return. 
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148 
SEC. 502. REPATRIATION OF UNACCOMPANIED ALIEN CHIL-
DREN. 
(a) IN GENERAL.—Section 235 of the William Wil-
berforce Trafficking Victims Protection Reauthorization 
Act of 2008 (8 U.S.C. 1232) is amended— 
(1) in subsection (a)— 
(A) in paragraph (2)— 
(i) by amending the heading to read 
as follows: ‘‘RULES FOR UNACCOMPANIED 
ALIEN CHILDREN.—’’; 
(ii) in subparagraph (A)— 
(I) in the matter preceding clause 
(i), by striking ‘‘who is a national or 
habitual resident of a country that is 
contiguous with the United States’’; 
(II) in clause (i), by inserting 
‘‘and’’ at the end; 
(III) in clause (ii), by striking ‘‘; 
and’’ and inserting a period; and 
(IV) by striking clause (iii); and 
(iii) in subparagraph (B)— 
(I) in the matter preceding clause 
(i), by striking ‘‘(8 U.S.C. 1101 et 
seq.) 
may—’’ 
and 
inserting 
‘‘(8 
U.S.C. 1101 et seq.)—’’; 
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149 
(II) in clause (i), by inserting be-
fore ‘‘permit such child to withdraw’’ 
the following: ‘‘may’’; and 
(III) in clause (ii), by inserting 
before ‘‘return such child’’ the fol-
lowing: ‘‘shall’’; and 
(B) in paragraph (5)(D)— 
(i) in the matter preceding clause (i), 
by striking ‘‘, except for an unaccompanied 
alien child from a contiguous country sub-
ject to exceptions under subsection (a)(2),’’ 
and inserting ‘‘who does not meet the cri-
teria listed in paragraph (2)(A)’’; and 
(ii) in clause (i), by inserting before 
the semicolon at the end the following: ‘‘, 
which shall include a hearing before an im-
migration judge not later than 14 days 
after being screened under paragraph (4)’’; 
(2) in subsection (b)— 
(A) in paragraph (2)— 
(i) in subparagraph (A), by inserting 
before the semicolon the following: ‘‘be-
lieved not to meet the criteria listed in sub-
section (a)(2)(A)’’; and 
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150 
(ii) in subparagraph (B), by inserting 
before the period the following: ‘‘and does 
not meet the criteria listed in subsection 
(a)(2)(A)’’; and 
(B) in paragraph (3), by striking ‘‘an un-
accompanied alien child in custody shall’’ and 
all that follows, and inserting the following: ‘‘an 
unaccompanied alien child in custody— 
‘‘(A) in the case of a child who does not 
meet the criteria listed in subsection (a)(2)(A), 
shall transfer the custody of such child to the 
Secretary of Health and Human Services not 
later than 30 days after determining that such 
child is an unaccompanied alien child who does 
not meet such criteria; or 
‘‘(B) in the case of a child who meets the 
criteria listed in subsection (a)(2)(A), may 
transfer the custody of such child to the Sec-
retary of Health and Human Services after de-
termining that such child is an unaccompanied 
alien child who meets such criteria.’’; and 
(3) in subsection (c)— 
(A) in paragraph (3), by inserting at the 
end the following: 
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151 
‘‘(D) INFORMATION
ABOUT
INDIVIDUALS 
WITH WHOM CHILDREN ARE PLACED.— 
‘‘(i) INFORMATION TO BE PROVIDED 
TO HOMELAND SECURITY.—Before placing 
a child with an individual, the Secretary of 
Health and Human Services shall provide 
to the Secretary of Homeland Security, re-
garding the individual with whom the child 
will be placed, information on— 
‘‘(I) the name of the individual; 
‘‘(II) the social security number 
of the individual; 
‘‘(III) the date of birth of the in-
dividual; 
‘‘(IV) the location of the individ-
ual’s residence where the child will be 
placed; 
‘‘(V) the immigration status of 
the individual, if known; and 
‘‘(VI) contact information for the 
individual. 
‘‘(ii) ACTIVITIES OF THE SECRETARY 
OF HOMELAND SECURITY.—Not later than 
30 days after receiving the information 
listed in clause (i), the Secretary of Home-
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152 
land Security, upon determining that an 
individual with whom a child is placed is 
unlawfully present in the United States 
and not in removal proceedings pursuant 
to chapter 4 of title II of the Immigration 
and Nationality Act (8 U.S.C. 1221 et 
seq.), shall initiate such removal pro-
ceedings.’’; and 
(B) in paragraph (5)— 
(i) by inserting after ‘‘to the greatest 
extent practicable’’ the following: ‘‘(at no 
expense to the Government)’’; and 
(ii) by striking ‘‘have counsel to rep-
resent them’’ and inserting ‘‘have access to 
counsel to represent them’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply to any unaccompanied alien child 
(as such term is defined in section 462(g) of the Home-
land Security Act of 2002 (6 U.S.C. 279(g))) apprehended 
on or after the date that is 30 days after the date of the 
enactment of this Act. 
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153 
SEC. 503. SPECIAL IMMIGRANT JUVENILE STATUS FOR IM-
MIGRANTS UNABLE TO REUNITE WITH EI-
THER PARENT. 
Section 101(a)(27)(J) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(27)(J)) is amended— 
(1) in clause (i), by striking ‘‘, and whose reuni-
fication with 1 or both of the immigrant’s parents 
is not viable due to abuse, neglect, abandonment, or 
a similar basis found under State law’’; and 
(2) in clause (iii)— 
(A) in subclause (I), by striking ‘‘and’’ at 
the end; 
(B) in subclause (II), by inserting ‘‘and’’ 
after the semicolon; and 
(C) by adding at the end the following: 
‘‘(III) an alien may not be grant-
ed special immigrant status under this 
subparagraph if the alien’s reunifica-
tion with any one parent or legal 
guardian is not precluded by abuse, 
neglect, abandonment, or any similar 
cause under State law;’’. 
SEC. 504. RULE OF CONSTRUCTION. 
Nothing in this title shall be construed to limit the 
following procedures or practices relating to an unaccom-
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154 
panied alien child (as defined in section 462(g)(2) of the 
Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))): 
(1) Screening of such a child for a credible fear 
of return to his or her country of origin. 
(2) Screening of such a child to determine 
whether he or she was a victim of trafficking. 
(3) Department of Health and Human Services 
policy in effect on the date of the enactment of this 
Act requiring a home study for such a child if he or 
she is under 12 years of age. 
TITLE VI—VISA OVERSTAYS 
PENALTIES 
SEC. 601. EXPANDED PENALTIES FOR ILLEGAL ENTRY OR 
PRESENCE. 
Section 275 of the Immigration and Nationality Act 
(8 U.S.C. 1325) is amended— 
(1) in subsection (a) by inserting after ‘‘for a 
subsequent commission of any such offense’’ the fol-
lowing: ‘‘or if the alien was previously convicted of 
an offense under subsection (e)(2)(A)’’; 
(2) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘at least 
$50 and not more than $250’’ and inserting 
‘‘not less than $500 and not more than 
$1,000’’; and 
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