DIGNIDAD (Dignity) Act
Bill: H.R.6637 | Sponsor: Rep. Salazar, Maria Elvira (R-FL)
Policy area: Immigration

Summary:
Dignity for Immigrants while Guarding our Nation to Ignite and Deliver the American Dream Act or as the DIGNIDAD (Dignity) Act
This bill addresses immigration-related issues, such as requiring the Department of Homeland Security (DHS) to resume construction of barriers along the U.S.-Mexico border and providing removal deferral for eligible non-U.S. nationals (aliens under federal law).
For example, the bill

To amend the Immigration and Nationality Act to make mandatory and 
  permanent requirements relating to use of an electronic employment 
        eligibility verification system, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Dignity for 
Immigrants while Guarding our Nation to Ignite and Deliver the American 
Dream Act'' or as the ``DIGNIDAD (Dignity) Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
              DIVISION A--BORDER SECURITY FOR AMERICA ACT

Sec. 1100. Short title.
                        TITLE I--BORDER SECURITY

Sec. 1101. Definitions.
                Subtitle A--Infrastructure and Equipment

Sec. 1111. Strengthening the requirements for barriers along the 
                            southern border.
Sec. 1112. Border barrier system construction.
Sec. 1113. Air and Marine Operations flight hours.
Sec. 1114. Capability deployment to specific sectors and transit zone.
Sec. 1115. U.S. Border Patrol activities.
Sec. 1116. Border security technology program management.
Sec. 1117. National Guard support to secure the southern border.
Sec. 1118. Prohibitions on actions that impede border security on 
                            certain Federal land.
Sec. 1119. Landowner and rancher security enhancement.
Sec. 1120. Eradication of carrizo cane and salt cedar.
Sec. 1121. Southern border threat analysis, Border Patrol strategic 
                            plan, and Northern Border Threat Analysis.
Sec. 1122. Amendments to U.S. Customs and Border Protection.
Sec. 1123. Agent and officer technology use.
Sec. 1124. Integrated Border Enforcement Teams.
Sec. 1125. Tunnel Task Forces.
Sec. 1126. Pilot program on use of electromagnetic spectrum in support 
                            of border security operations.
Sec. 1127. Foreign migration assistance.
Sec. 1128. Biometric Identification Transnational Migration Alert 
                            Program.
Sec. 1129. Border and port security technology investment plan.
Sec. 1130. Commercial solutions opening acquisition program.
Sec. 1131. U.S. Customs and Border Protection technology upgrades.
Sec. 1132. Nonintrusive inspection operations.
Sec. 1133. Homeland Security Investigations Innovation Lab.
Sec. 1134. Reimbursement of States.
                         Subtitle B--Personnel

Sec. 1141. Additional U.S. Customs and Border Protection personnel.
Sec. 1142. U.S. Customs and Border Protection retention incentives.
Sec. 1143. Anti-Border Corruption Act Reauthorization.
Sec. 1144. Training for officers and agents of U.S. Customs and Border 
                            Protection.
Sec. 1145. Establishment of workload staffing models for U.S. Border 
                            Patrol and Air and Marine Operations of 
                            CBP.
                           Subtitle C--Grants

Sec. 1161. Operation Stonegarden.
               Subtitle D--Border Security Certification

Sec. 1181. Border Security Certification.
 TITLE II--EMERGENCY PORT OF ENTRY PERSONNEL AND INFRASTRUCTURE FUNDING

Sec. 2101. Ports of entry infrastructure.
Sec. 2102. Sense of Congress on cooperation between agencies.
Sec. 2103. Authorization of appropriations.
                 TITLE III--VISA SECURITY AND INTEGRITY

Sec. 3101. Visa security.
Sec. 3102. Electronic passport screening and biometric matching.
Sec. 3103. Reporting of visa overstays.
Sec. 3104. Student and exchange visitor information system 
                            verification.
Sec. 3105. Cancellation of additional visas.
Sec. 3106. Visa information sharing.
Sec. 3107. Fraud prevention.
Sec. 3108. Visa ineligibility for spouses and children of drug 
                            traffickers.
Sec. 3109. DNA testing.
Sec. 3110. DNA collection consistent with Federal law.
     TITLE IV--TRANSNATIONAL CRIMINAL ORGANIZATION ILLICIT SPOTTER 
                       PREVENTION AND ELIMINATION

Sec. 4101. Short title.
Sec. 4102. Illicit spotting.
Sec. 4103. Unlawfully hindering immigration, border, and customs 
                            controls.
Sec. 4104. Report on smuggling.
                    TITLE V--BORDER SECURITY FUNDING

Sec. 5101. Border Security Funding.
Sec. 5102. Exclusion from PAYGO scorecards.
Sec. 5103. Funding matters.
                      TITLE VI--MANDATORY E-VERIFY

Sec. 6101. Short title.
Sec. 6102. Employment eligibility verification process.
Sec. 6103. Employment eligibility verification system.
Sec. 6104. Recruitment, referral, and continuation of employment.
Sec. 6105. Good faith defense.
Sec. 6106. Preemption and States' Rights.
Sec. 6107. Repeal.
Sec. 6108. Penalties.
Sec. 6109. Fraud and misuse of documents.
Sec. 6110. Protection of Social Security Administration programs.
Sec. 6111. Fraud prevention.
Sec. 6112. Use of Employment Eligibility Verification Photo Tool.
Sec. 6113. Identity authentication employment eligibility verification 
                            pilot programs.
Sec. 6114. Inspector General audits.
Sec. 6115. Nationwide E-Verify Audit.
                    TITLE VII--SARAH AND GRANT'S LAW

Sec. 7101. Sarah and Grant's law.
Sec. 7102. Penalties for illegal entry or presence.
Sec. 7103. Illegal reentry.
                    TITLE VIII--GANG MEMBER REMOVAL

Sec. 8101. Grounds of inadmissibility and deportability for alien gang 
                            members.
                        TITLE IX--ASYLUM REFORM

Sec. 9101. Regional processing centers.
Sec. 9102. Codification of Flores settlement.
Sec. 9103. Expedited asylum adjudications.
Sec. 9104. Recording expedited removal and credible fear interviews.
Sec. 9105. Renunciation of asylum status pursuant to return to home 
                            country.
Sec. 9106. Notice concerning frivolous asylum applications.
Sec. 9107. Anti-fraud investigative work product.
Sec. 9108. Penalties for asylum fraud.
Sec. 9109. Statute of limitations for asylum fraud.
Sec. 9110. Standard operating procedures; facilities standards.
Sec. 9111. Criminal background checks for sponsors of unaccompanied 
                            alien children.
Sec. 9112. Fraud in connection with the transfer of custody of 
                            unaccompanied alien children.
Sec. 9113. Hiring authority.
  TITLE X--RULE OF LAW, SECURITY, AND ECONOMIC DEVELOPMENT IN CENTRAL 
                                AMERICA

     Subtitle A--Promoting the Rule of Law, Security, and Economic 
                     Development in Central America

Sec. 10101. United States Strategy for Engagement in Central America.
Sec. 10102. Securing support of international donors and partners.
Sec. 10103. Combating corruption, strengthening the rule of law, and 
                            consolidating democratic governance.
Sec. 10104. Combating criminal violence and improving citizen security.
Sec. 10105. Combating sexual, gender-based, and domestic violence.
 Subtitle B--Information Campaign on the Dangers of Irregular Migration

Sec. 10201. Information campaign on dangers of irregular migration.
          Subtitle C--Cracking Down on Criminal Organizations

Sec. 10301. Enhanced investigation and prosecution of human smuggling 
                            networks and trafficking organizations.
Sec. 10302. Enhanced penalties for organized smuggling schemes.
Sec. 10303. Expanding financial sanctions on narcotics trafficking and 
                            money laundering.
Sec. 10304. Support for transnational anti-gang task forces for 
                            countering criminal gangs.
                 DIVISION B--AMERICAN DREAM AND PROMISE

Sec. 1. Short title.
                           TITLE I--DREAM ACT

Sec. 1101. Short title.
Sec. 1102. Permanent resident status on a conditional basis for certain 
                            long-term residents who entered the United 
                            States as children.
Sec. 1103. Terms of permanent resident status on a conditional basis.
Sec. 1104. Removal of conditional basis of permanent resident status.
Sec. 1105. Restoration of State option to determine residency for 
                            purposes of higher education benefits.
                     TITLE II--AMERICAN PROMISE ACT

Sec. 2101. Short title.
Sec. 2102. Adjustment of status for certain nationals of certain 
                            countries designated for temporary 
                            protected status or deferred enforced 
                            departure.
Sec. 2103. Clarification.
                     TITLE III--GENERAL PROVISIONS

Sec. 3101. Definitions.
Sec. 3102. Submission of biometric and biographic data; background 
                            checks.
Sec. 3103. Limitation on removal; application and fee exemption; and 
                            other conditions on eligible individuals.
Sec. 3104. Determination of continuous presence and residence.
Sec. 3105. Exemption from numerical limitations.
Sec. 3106. Availability of administrative and judicial review.
Sec. 3107. Documentation requirements.
Sec. 3108. Rule making.
Sec. 3109. Confidentiality of information.
Sec. 3110. Grant program to assist eligible applicants.
Sec. 3111. Provisions affecting eligibility for adjustment of status.
Sec. 3112. Supplementary surcharge for appointed counsel.
Sec. 3113. Annual report on provisional denial authority.
               TITLE IV--DIGNITY AND REDEMPTION PROGRAMS

                      Subtitle A--Dignity Program

Sec. 4001. Establishment.
Sec. 4002. Eligibility.
Sec. 4003. Registration; departure.
Sec. 4004. Program participation.
Sec. 4005. Completion.
                     Subtitle B--Redemption Program

Sec. 4101. Establishment.
Sec. 4102. Conditions.
Sec. 4103. Completion and removal of conditional status.
              Subtitle C--Contribution to American Workers

Sec. 4200. Purpose.
Sec. 4201. Availability of funds.
Sec. 4202. Conforming amendments.
  Part 1--Promoting Apprenticeships Through Regional Training Networks

Sec. 4301. Definitions.
Sec. 4302. Allotments to States.
Sec. 4303. Grants to partnerships.
Sec. 4304. Use of funds.
Sec. 4305. Performance and accountability.
                      Part 2--High-Demand Careers

Sec. 4401. Grants for access to high-demand careers.
       DIVISION C--IMPROVING THE H-2B NONIMMIGRANT WORKER PROGRAM

Sec. 1001. Short title.
Sec. 1002. Definitions.
Sec. 1003. H-2B cap relief.
Sec. 1004. Increased sanctions for willful misrepresentation or failure 
                            to meet the requirements for petitioning 
                            for an H-2B worker.
Sec. 1005. Reduction of paperwork burden.
Sec. 1006. Workplace safety.
Sec. 1007. Foreign labor recruiting; prohibition on fees.
Sec. 1008. Program integrity measures.
Sec. 1009. Program eligibility.
Sec. 1010. H-2B employer notification requirement.
Sec. 1011. Authorization of appropriations.
             DIVISION D--AMERICAN AGRICULTURE DOMINANCE ACT

Sec. 1. Short title; table of contents.
         TITLE I--SECURING THE DOMESTIC AGRICULTURAL WORKFORCE

         Subtitle A--Status for Certified Agricultural Workers

Sec. 101. Certified agricultural worker status.
Sec. 102. Terms and conditions of certified status.
Sec. 103. Extensions of certified status.
Sec. 104. Determination of continuous presence.
Sec. 105. Employer obligations.
Sec. 106. Administrative and judicial review.
      Subtitle B--Optional Earned Residence for Long-Term Workers

Sec. 111. Optional adjustment of status for long-term agricultural 
                            workers.
Sec. 112. Payment of taxes.
Sec. 113. Adjudication and decision; review.
                     Subtitle C--General Provisions

Sec. 121. Definitions.
Sec. 122. Rulemaking; fees.
Sec. 123. Background checks.
Sec. 124. Protection for children.
Sec. 125. Limitation on removal.
Sec. 126. Documentation of agricultural work history.
Sec. 127. Employer protections.
Sec. 128. Correction of Social Security records; conforming amendments.
Sec. 129. Disclosures and privacy.
Sec. 130. Penalties for false statements in applications.
Sec. 131. Dissemination of information.
Sec. 132. Exemption from numerical limitations.
Sec. 133. Reports to Congress.
Sec. 134. Grant program to assist eligible applicants.
Sec. 135. Authorization of appropriations.
      TITLE II--ENSURING AN AGRICULTURAL WORKFORCE FOR THE FUTURE

             Subtitle A--Reforming the H-2A Worker Program

Sec. 201. Comprehensive and streamlined electronic H-2A platform.
Sec. 202. Agricultural labor or services.
Sec. 203. H-2A program requirements.
Sec. 204. Portable H-2A visa pilot program.

              DIVISION A--BORDER SECURITY FOR AMERICA ACT

SEC. 1100. SHORT TITLE.

    This division may be cited as the ``Border Security for America 
Act''.

                        TITLE I--BORDER SECURITY

SEC. 1101. DEFINITIONS.

    In this title:
            (1) Advanced unattended surveillance sensors.--The term 
        ``advanced unattended surveillance sensors'' means sensors that 
        utilize an onboard computer to analyze detections in an effort 
        to discern between vehicles, humans, and animals, and 
        ultimately filter false positives prior to transmission.
            (2) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of U.S. Customs and Border Protection.
            (3) High traffic areas.--The term ``high traffic areas'' 
        has the meaning given such term in section 102(e)(1) of the 
        Illegal Immigration Reform and Immigrant Responsibility Act of 
        1996, as amended by section 1111 of this division.
            (4) Operational control.--The term ``operational control'' 
        has the meaning given such term in section 2(b) of the Secure 
        Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109-367).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (6) Situational awareness.--The term ``situational 
        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) Small unmanned aerial vehicle.--The term ``small 
        unmanned aerial vehicle'' has the meaning given the term 
        ``small unmanned aircraft'' in section 331 of the FAA 
        Modernization and Reform Act of 2012 (Public Law 112-95; 49 
        U.S.C. 40101 note).
            (8) 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)(7)).
            (9) Unmanned aerial system.--The term ``unmanned aerial 
        system'' has the meaning given the term ``unmanned aircraft 
        system'' in section 331 of the FAA Modernization and Reform Act 
        of 2012 (Public Law 112-95; 49 U.S.C. 40101 note).
            (10) Unmanned aerial vehicle.--The term ``unmanned aerial 
        vehicle'' has the meaning given the term ``unmanned aircraft'' 
        in section 331 of the FAA Modernization and Reform Act of 2012 
        (Public Law 112-95; 49 U.S.C. 40101 note).

                Subtitle A--Infrastructure and Equipment

SEC. 1111. STRENGTHENING THE REQUIREMENTS FOR BARRIERS ALONG THE 
              SOUTHERN BORDER.

    Section 102 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (Division C of Public Law 104-208; 8 U.S.C. 
1103 note) is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) In General.--The Secretary of Homeland Security shall take 
such actions as may be necessary (including the removal of obstacles to 
detection of illegal entrants) to design, test, construct, install, 
deploy, integrate, and operate physical barriers, tactical 
infrastructure, and technology in the vicinity of the United States 
border to achieve situational awareness and operational control of the 
border and deter, impede, and detect illegal activity in high traffic 
areas.'';
            (2) in subsection (b)--
                    (A) in the subsection heading, by striking 
                ``Fencing and Road Improvements'' and inserting 
                ``Physical Barriers'';
                    (B) in paragraph (1)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``subsection (a)'' 
                                and inserting ``this section'';
                                    (II) by striking ``roads, lighting, 
                                cameras, and sensors'' and inserting 
                                ``tactical infrastructure, and 
                                technology''; and
                                    (III) by striking ``gain'' and 
                                inserting ``achieve situational 
                                awareness and'';
                            (ii) by amending subparagraph (B) to read 
                        as follows:
                    ``(B) Physical barriers and tactical 
                infrastructure.--The Secretary, in carrying out this 
                section, shall deploy along the United States border 
                the most practical and effective physical barriers and 
                tactical infrastructure available for achieving 
                situational awareness and operational control of the 
                border.'';
                            (iii) in subparagraph (C)--
                                    (I) by amending clause (i) to read 
                                as follows:
                            ``(i) In general.--In carrying out this 
                        section, the Secretary shall consult with 
                        appropriate Federal agency partners, 
                        appropriate representatives of Federal, State, 
                        Tribal, and local governments, and appropriate 
                        private property owners in the United States to 
                        minimize the impact on the environment, 
                        culture, commerce, and quality of life for the 
                        communities and residents located near the 
                        sites at which such physical barriers are to be 
                        constructed.''; 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 domain, 
                                or to otherwise affect the eminent 
                                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
                            (iv) by striking subparagraph (D);
                    (C) in paragraph (2)--
                            (i) by striking ``Attorney General'' and 
                        inserting ``Secretary of Homeland Security'';
                            (ii) by striking ``this subsection'' and 
                        inserting ``this section''; and
                            (iii) by striking ``construction of 
                        fences'' and inserting ``the construction of 
                        physical barriers'';
                    (D) by amending paragraph (3) to read as follows:
            ``(3) Agent safety.--In carrying out this section, the 
        Secretary of Homeland Security, when designing, constructing, 
        and deploying physical barriers, tactical infrastructure, or 
        technology, shall incorporate such safety features into such 
        design, construction, or deployment 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 or agents of the 
        Department of Homeland Security or of any other Federal agency 
        deployed in the vicinity of such physical barriers, 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 have the 
        authority to waive all legal requirements the Secretary 
        determines necessary to ensure the expeditious design, testing, 
        construction, installation, deployment, integration, and 
        operation of the physical barriers, tactical infrastructure, 
        and technology under this section. Such waiver authority shall 
        also apply with respect to any maintenance carried out on such 
        physical barriers, tactical infrastructure, or technology. Any 
        such decision by the Secretary shall be effective upon 
        publication in the Federal 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 7 days after the date 
        on which the Secretary of Homeland Security exercises the 
        waiver authority under paragraph (1), the Secretary shall 
        notify the Committee on Homeland Security of the House of 
        Representatives 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 subsections:
    ``(e) Technology.--The Secretary of Homeland Security, in carrying 
out this section, shall deploy along the United States border the most 
practical and effective technology available for achieving situational 
awareness and operational control of the border.
    ``(f) Definitions.--In this section:
            ``(1) Advanced unattended surveillance sensors.--The term 
        `advanced unattended surveillance sensors' means sensors that 
        utilize an onboard computer to analyze detections in an effort 
        to discern between vehicles, humans, and animals, and 
        ultimately filter false positives prior to transmission.
            ``(2) High traffic areas.--The term `high traffic areas' 
        means areas in the vicinity of the United States border that--
                    ``(A) are within the responsibility of U.S. Customs 
                and Border Protection; and
                    ``(B) have significant unlawful cross-border 
                activity, as determined by the Secretary of Homeland 
                Security.
            ``(3) Operational control.--The term `operational 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).
            ``(4) Physical barriers.--The term `physical barriers' 
        includes reinforced fencing, border barrier system, and levee 
        walls.
            ``(5) Situational awareness.--The term `situational 
        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)).
            ``(6) Tactical infrastructure.--The term `tactical 
        infrastructure' includes boat ramps, access gates, checkpoints, 
        lighting, and roads.
            ``(7) Technology.--The term `technology' includes 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 detection and 
                ranging border tunneling detection technology.
                    ``(E) Advanced unattended surveillance sensors.
                    ``(F) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    ``(G) Unmanned aircraft systems.
                    ``(H) Other border detection, communication, and 
                surveillance technology.
            ``(8) Unmanned aircraft system.--The term `unmanned 
        aircraft system' has the meaning given such term in section 
        44801 of title 49, United States Code.''.

SEC. 1112. BORDER BARRIER SYSTEM CONSTRUCTION.

    (a) In General.--
            (1) Immediate resumption of border barrier construction.--
        Not later than 24 hours after the date of the enactment of this 
        section, the Secretary shall resume all activities related to 
        the construction of the border barrier system along the 
        international border between the United States and Mexico that 
        were underway or being planned for prior to January 20, 2021.
            (2) No cancellations.--The Secretary may not cancel any 
        contract for activities related to the construction of the 
        border barrier system that was entered into on or before 
        January 20, 2021.
            (3) Use of funds.--To carry out this section, the Secretary 
        shall expend all funds appropriated or explicitly obligated for 
        the construction of the border barrier system that were 
        appropriated or obligated, as the case may be, for use 
        beginning October 1, 2016.
    (b) Plan To Complete Tactical Infrastructure and Technology 
Elements of System.--Not later than 90 days after the date of the 
enactment of this section, the Secretary shall submit to the 
appropriate congressional committees an implementation plan, including 
quarterly benchmarks and cost estimates, for satisfying all 
requirements of the construction of the border barrier system referred 
to in paragraph (1) of subsection (a), including tactical 
infrastructure, technology, and other elements as identified by the 
Department prior to January 20, 2021, through the expenditure of funds 
appropriated or explicitly obligated, as the case may be, for use 
beginning October 1, 2016, as well as any future funds appropriated by 
Congress.
    (c) Uphold Negotiated Agreements.--The Secretary shall ensure that 
all agreements executed in writing between the Department and private 
citizens, State, local, or Tribal governments, or other stakeholders 
are honored by the Department relating to current and future 
construction of the border barrier system as required by such 
agreements.
    (d) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Homeland Security 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 
        barrier system.
            (3) Technology.--The term ``technology'' includes border 
        surveillance and detection technology, including linear ground 
        detection systems, associated with a border barrier system.

SEC. 1113. AIR AND MARINE OPERATIONS FLIGHT HOURS.

    (a) Air and Marine Operations Flight Hours.--The Secretary shall 
ensure that not fewer than 95,000 annual flight hours are carried out 
by Air and Marine Operations of CBP.
    (b) Unmanned Aircraft Systems.--The Secretary, 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 for 7 days per week.
    (c) Primary Missions.--The Commissioner shall ensure that--
            (1) the primary missions for Air and Marine Operations are 
        to directly support--
                    (A) U.S. Border Patrol activities along the borders 
                of the United States; and
                    (B) Joint Interagency Task Force South operations 
                in the transit zone; and
            (2) the Executive Assistant Commissioner of Air and Marine 
        Operations assigns the greatest priority to support missions 
        outlined under paragraph (1).
    (d) High Demand Flight Hour Requirements.--The Commissioner shall 
ensure that U.S. Border Patrol Sector Chiefs--
            (1) identify air support mission-critical hours; and
            (2) direct Air and Marine Operations to support requests 
        from Sector Chiefs as their primary mission.
    (e) Contract Air Support Authorizations.--The Commissioner shall 
contract for the unfulfilled air support mission-critical hours, as 
identified pursuant to subsection (d).
    (f) Small Unmanned Aircraft Systems.--
            (1) In general.--The Chief of the U.S. Border Patrol shall 
        be the executive agent with respect to the use of small 
        unmanned aircraft systems by CBP for the purpose of--
                    (A) meeting the unmet flight hour operational 
                requirements of the U.S. Border Patrol; and
                    (B) achieving situational awareness and operational 
                control (as such term is defined in section 2(b) of the 
                Secure Fence Act of 2006 (Public Law 109-367; 8 U.S.C. 
                1701 note)).
            (2) Coordination.--In carrying out paragraph (1), the Chief 
        of the U.S. Border Patrol shall coordinate--
                    (A) flight operations with the Administrator of the 
                Federal Aviation Administration to ensure the safe and 
                efficient operation of the National Airspace System; 
                and
                    (B) with the Executive Assistant Commissioner for 
                Air and Marine Operations of CBP to--
                            (i) ensure the safety of other CBP aircraft 
                        flying in the vicinity of small unmanned 
                        aircraft systems operated by the U.S. Border 
                        Patrol; and
                            (ii) establish a process to include data 
                        from flight hours in the calculation of got 
                        away statistics.
            (3) Conforming amendment.--Paragraph (3) of section 411(e) 
        of the Homeland Security Act of 2002 (6 U.S.C. 211(e)) is 
        amended--
                    (A) in subparagraph (B), by striking ``and'' after 
                the semicolon at the end;
                    (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 aircraft system 
                (as such term is defined in section 44801 of title 49, 
                United States Code) requirements pursuant to subsection 
                (f) of section 1113 of the Border Security for America 
                Act; and''.
    (g) Savings Clause.--Nothing in this section shall confer, 
transfer, or delegate 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 airspace or aviation safety.
    (h) Definitions.--In this section:
            (1) Got away.--The term ``got away'' has the meaning given 
        such term in section 1092(a)(3) of the National Defense 
        Authorization Act for Fiscal Year 2017 (Public Law 114-328; 6 
        U.S.C. 223(a)(3)).
            (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. 1114. CAPABILITY DEPLOYMENT TO SPECIFIC SECTORS AND TRANSIT ZONE.

    (a) In General.--Not later than September 30, 2023, the Secretary, 
in implementing section 102 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (as amended by section 1111 of 
this division), and acting through the appropriate component of the 
Department of Homeland Security, shall deploy to each sector or region 
of the southern border and the northern border, in a prioritized manner 
to achieve situational awareness and operational control of such 
borders, the following additional capabilities:
            (1) San diego sector.--For the San Diego sector, the 
        following:
                    (A) Tower-based surveillance technology.
                    (B) Subterranean surveillance and detection 
                technologies.
                    (C) To increase coastal maritime domain awareness, 
                the following:
                            (i) Deployable, lighter-than-air surface 
                        surveillance equipment.
                            (ii) Unmanned aerial vehicles with maritime 
                        surveillance capability.
                            (iii) U.S. Customs and Border Protection 
                        maritime patrol aircraft.
                            (iv) Coastal radar surveillance systems.
                            (v) Maritime signals intelligence 
                        capabilities.
                    (D) Ultralight aircraft detection capabilities.
                    (E) Advanced unattended surveillance sensors.
                    (F) A rapid reaction capability supported by 
                aviation assets.
                    (G) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    (H) Man-portable unmanned aerial vehicles.
                    (I) Improved agent communications capabilities.
            (2) El centro sector.--For the El Centro sector, the 
        following:
                    (A) Tower-based surveillance technology.
                    (B) Deployable, lighter-than-air ground 
                surveillance equipment.
                    (C) Man-portable unmanned aerial vehicles.
                    (D) Ultralight aircraft detection capabilities.
                    (E) Advanced unattended surveillance sensors.
                    (F) A rapid reaction capability supported by 
                aviation assets.
                    (G) Man-portable unmanned aerial vehicles.
                    (H) Improved agent communications capabilities.
            (3) Yuma sector.--For the Yuma sector, the following:
                    (A) Tower-based surveillance technology.
                    (B) Deployable, lighter-than-air ground 
                surveillance equipment.
                    (C) Ultralight aircraft detection capabilities.
                    (D) Advanced unattended surveillance sensors.
                    (E) A rapid reaction capability supported by 
                aviation assets.
                    (F) Mobile vehicle-mounted and man-portable 
                surveillance systems.
                    (G) Man-portable unmanned aerial vehicles.
                    (H) Improved agent communications capabilities.
            (4) Tucson sector.--For the Tucson sector, the following:
                    (A) Tower-based surveillance technology.
                    (B) Increased flight hours for aerial detection, 
                interdiction, and monitoring operations capability.
                    (C) Deployable, lighter-than-air ground 
                surveillance equipment.
                    (D) Ultralight aircraft detection capabilities.
                    (E) Advanced unattended surveillance sensors.
                    (F) A rapid reaction capability supported by 
                aviation assets.
                    (G) Man-portable unmanned aerial vehicles.
                    (H) Improved agent communications capabilities.
            (5) El paso sector.--For the El Paso sector, the following:
                    (A) Tower-based surveillance technology.
                    (B) Deployable, lighter-than-air ground 
                surveillance equipment.
                    (C) Ultralight aircraft detection capabilities.
                    (D) Advanced unattended surveillance sensors.
                    (E) Mobile vehicle-mounted and man-portable 
                surveillance systems.
                    (F) A rapid reaction capability supported by 
                aviation assets.
                    (G) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    (H) Man-portable unmanned aerial vehicles.
                    (I) Improved agent communications capabilities.
            (6) Big bend sector.--For the Big Bend sector, the 
        following:
                    (A) Tower-based surveillance technology.
                    (B) Deployable, lighter-than-air ground 
                surveillance equipment.
                    (C) Improved agent communications capabilities.
                    (D) Ultralight aircraft detection capabilities.
                    (E) Advanced unattended surveillance sensors.
                    (F) A rapid reaction capability supported by 
                aviation assets.
                    (G) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    (H) Man-portable unmanned aerial vehicles.
                    (I) Improved agent communications capabilities.
            (7) Del rio sector.--For the Del Rio sector, the following:
                    (A) Tower-based surveillance technology.
                    (B) Increased monitoring for cross-river dams, 
                culverts, and footpaths.
                    (C) Improved agent communications capabilities.
                    (D) Improved maritime capabilities in the Amistad 
                National Recreation Area.
                    (E) Advanced unattended surveillance sensors.
                    (F) A rapid reaction capability supported by 
                aviation assets.
                    (G) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    (H) Man-portable unmanned aerial vehicles.
                    (I) Improved agent communications capabilities.
            (8) Laredo sector.--For the Laredo sector, the following:
                    (A) Tower-based surveillance technology.
                    (B) Maritime detection resources for the Falcon 
                Lake region.
                    (C) Increased flight hours for aerial detection, 
                interdiction, and monitoring operations capability.
                    (D) Increased monitoring for cross-river dams, 
                culverts, and footpaths.
                    (E) Ultralight aircraft detection capability.
                    (F) Advanced unattended surveillance sensors.
                    (G) A rapid reaction capability supported by 
                aviation assets.
                    (H) Man-portable unmanned aerial vehicles.
                    (I) Improved agent communications capabilities.
            (9) Rio grande valley sector.--For the Rio Grande Valley 
        sector, the following:
                    (A) Tower-based surveillance technology.
                    (B) Deployable, lighter-than-air ground 
                surveillance equipment.
                    (C) Increased flight hours for aerial detection, 
                interdiction, and monitoring operations capability.
                    (D) Ultralight aircraft detection capability.
                    (E) Advanced unattended surveillance sensors.
                    (F) Increased monitoring for cross-river dams, 
                culverts, footpaths.
                    (G) A rapid reaction capability supported by 
                aviation assets.
                    (H) Increased maritime interdiction capabilities.
                    (I) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    (J) Man-portable unmanned aerial vehicles.
                    (K) Improved agent communications capabilities.
            (10) Blaine sector.--For the Blaine sector, the following:
                    (A) Increased flight hours for aerial detection, 
                interdiction, and monitoring operations capability.
                    (B) Coastal radar surveillance systems.
                    (C) Increased maritime interdiction capabilities.
                    (D) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    (E) Advanced unattended surveillance sensors.
                    (F) Ultralight aircraft detection capabilities.
                    (G) Man-portable unmanned aerial vehicles.
                    (H) Improved agent communications capabilities.
            (11) Spokane sector.--For the Spokane sector, the 
        following:
                    (A) Increased flight hours for aerial detection, 
                interdiction, and monitoring operations capability.
                    (B) Increased maritime interdiction capabilities.
                    (C) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    (D) Advanced unattended surveillance sensors.
                    (E) Ultralight aircraft detection capabilities.
                    (F) Completion of six miles of the Bog Creek road.
                    (G) Man-portable unmanned aerial vehicles.
                    (H) Improved agent communications systems.
            (12) Havre sector.--For the Havre sector, the following:
                    (A) Increased flight hours for aerial detection, 
                interdiction, and monitoring operations capability.
                    (B) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    (C) Advanced unattended surveillance sensors.
                    (D) Ultralight aircraft detection capabilities.
                    (E) Man-portable unmanned aerial vehicles.
                    (F) Improved agent communications systems.
            (13) Grand forks sector.--For the Grand Forks sector, the 
        following:
                    (A) Increased flight hours for aerial detection, 
                interdiction, and monitoring operations capability.
                    (B) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    (C) Advanced unattended surveillance sensors.
                    (D) Ultralight aircraft detection capabilities.
                    (E) Man-portable unmanned aerial vehicles.
                    (F) Improved agent communications systems.
            (14) Detroit sector.--For the Detroit sector, the 
        following:
                    (A) Increased flight hours for aerial detection, 
                interdiction, and monitoring operations capability.
                    (B) Coastal radar surveillance systems.
                    (C) Increased maritime interdiction capabilities.
                    (D) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    (E) Advanced unattended surveillance sensors.
                    (F) Ultralight aircraft detection capabilities.
                    (G) Man-portable unmanned aerial vehicles.
                    (H) Improved agent communications systems.
            (15) Buffalo sector.--For the Buffalo sector, the 
        following:
                    (A) Increased flight hours for aerial detection, 
                interdiction, and monitoring operations capability.
                    (B) Coastal radar surveillance systems.
                    (C) Increased maritime interdiction capabilities.
                    (D) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    (E) Advanced unattended surveillance sensors.
                    (F) Ultralight aircraft detection capabilities.
                    (G) Man-portable unmanned aerial vehicles.
                    (H) Improved agent communications systems.
            (16) Swanton sector.--For the Swanton sector, the 
        following:
                    (A) Increased flight hours for aerial detection, 
                interdiction, and monitoring operations capability.
                    (B) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    (C) Advanced unattended surveillance sensors.
                    (D) Ultralight aircraft detection capabilities.
                    (E) Man-portable unmanned aerial vehicles.
                    (F) Improved agent communications systems.
            (17) Houlton sector.--For the Houlton sector, the 
        following:
                    (A) Increased flight hours for aerial detection, 
                interdiction, and monitoring operations capability.
                    (B) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    (C) Advanced unattended surveillance sensors.
                    (D) Ultralight aircraft detection capabilities.
                    (E) Man-portable unmanned aerial vehicles.
                    (F) Improved agent communications systems.
            (18) Transit zone.--For the transit zone, the following:
                    (A) Not later than two years after the date of the 
                enactment of this Act, an increase in the number of 
                overall cutter, boat, and aircraft hours spent 
                conducting interdiction operations over the average 
                number of such hours during the preceding three fiscal 
                years.
                    (B) Increased maritime signals intelligence 
                capabilities.
                    (C) To increase maritime domain awareness, the 
                following:
                            (i) Unmanned aerial vehicles with maritime 
                        surveillance capability.
                            (ii) Increased maritime aviation patrol 
                        hours.
                    (D) Increased operational hours for maritime 
                security components dedicated to joint counter-
                smuggling and interdiction efforts with other Federal 
                agencies, including the Deployable Specialized Forces 
                of the Coast Guard.
                    (E) Coastal radar surveillance systems with long 
                range day and night cameras capable of providing full 
                maritime domain awareness of the United States 
                territorial waters surrounding Puerto Rico, Mona 
                Island, Desecheo Island, Vieques Island, Culebra 
                Island, Saint Thomas, Saint John, and Saint Croix.
    (b) Tactical Flexibility.--
            (1) Southern and northern land borders.--
                    (A) In general.--Beginning on September 30, 2022, 
                or after the Secretary has deployed at least 25 percent 
                of the capabilities required in each sector specified 
                in subsection (a), whichever comes later, the Secretary 
                may deviate from such capability deployments if the 
                Secretary determines that such deviation is required to 
                achieve situational awareness or operational control.
                    (B) Notification.--If the Secretary exercises the 
                authority described in subparagraph (A), the Secretary 
                shall, not later than 90 days after such exercise, 
                notify the Committee on Homeland Security and 
                Governmental Affairs of the Senate and the Committee on 
                Homeland Security of the House of Representatives 
                regarding the deviation under such subparagraph that is 
                the subject of such exercise. If the Secretary makes 
                any changes to such deviation, the Secretary shall, not 
                later than 90 days after any such change, notify such 
                committees regarding such change.
            (2) Transit zone.--
                    (A) Notification.--The Secretary shall notify the 
                Committee on Homeland Security and Governmental Affairs 
                of the Senate, the Committee on Commerce, Science, and 
                Transportation of the Senate, the Committee on Homeland 
                Security of the House of Representatives, and the 
                Committee on Transportation and Infrastructure of the 
                House of Representatives regarding the capability 
                deployments for the transit zone specified in paragraph 
                (18) of subsection (a), including information relating 
                to--
                            (i) the number and types of assets and 
                        personnel deployed; and
                            (ii) the impact such deployments have on 
                        the capability of the Coast Guard to conduct 
                        its mission in the transit zone referred to in 
                        paragraph (18) of subsection (a).
                    (B) Alteration.--The Secretary may alter the 
                capability deployments referred to in this section if 
                the Secretary--
                            (i) determines, after consultation with the 
                        committees referred to in subparagraph (A), 
                        that such alteration is necessary; and
                            (ii) not later than 30 days after making a 
                        determination under clause (i), notifies the 
                        committees referred to in such subparagraph 
                        regarding such alteration, including 
                        information relating to--
                                    (I) the number and types of assets 
                                and personnel deployed pursuant to such 
                                alteration; and
                                    (II) the impact such alteration has 
                                on the capability of the Coast Guard to 
                                conduct its mission in the transit zone 
                                referred to in paragraph (18) of 
                                subsection (a).
    (c) Exigent Circumstances.--
            (1) In general.--Notwithstanding subsection (b), the 
        Secretary may deploy the capabilities referred to in subsection 
        (a) in a manner that is inconsistent with the requirements 
        specified in such subsection if, after the Secretary has 
        deployed at least 25 percent of such capabilities, the 
        Secretary determines that exigent circumstances demand such an 
        inconsistent deployment or that such an inconsistent deployment 
        is vital to the national security interests of the United 
        States.
            (2) Notification.--The Secretary shall notify the Committee 
        on Homeland Security of the House of Representatives and the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate not later than 30 days after making a determination 
        under paragraph (1). Such notification shall include a detailed 
        justification regarding such determination.
    (d) Integration.--In carrying out subsection (a), the Secretary 
shall, to the greatest extent practicable, integrate, within each 
sector or region of the southern border and northern border, as the 
case may be, the deployed capabilities specified in such subsection as 
necessary to achieve situational awareness and operational control of 
such borders.

SEC. 1115. U.S. BORDER PATROL ACTIVITIES.

    The Chief of the U.S. Border Patrol shall prioritize the deployment 
of U.S. Border Patrol agents to as close to the physical land border as 
possible, consistent with border security enforcement priorities and 
accessibility to such areas.

SEC. 1116. 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:

``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 estimated by the Secretary to require an eventual 
total expenditure of at least $300,000,000 (based on fiscal year 2022 
constant dollars) over its life-cycle cost.
    ``(b) Planning Documentation.--For each border security technology 
acquisition program of the Department that is determined to be a major 
acquisition program, the Secretary shall--
            ``(1) ensure that each such program has a written 
        acquisition program baseline approved by the relevant 
        acquisition decision authority;
            ``(2) document that each such program is satisfying cost, 
        schedule, and performance thresholds as specified in such 
        baseline, in compliance with relevant departmental acquisition 
        policies and the Federal Acquisition Regulation; and
            ``(3) have a plan for satisfying program implementation 
        objectives by managing contractor performance.
    ``(c) Adherence to Standards.--The Secretary, acting through the 
Under Secretary for Management and the Commissioner of U.S. Customs and 
Border Protection, shall ensure border security technology acquisition 
program managers who are responsible for carrying out this section 
adhere to relevant internal control standards identified 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 Senate a plan for testing, evaluating, and using 
independent verification and validation of resources relating to the 
proposed acquisition of border security technology. Under such plan, 
the proposed acquisition of new border security technologies shall be 
evaluated through a series of assessments, processes, and audits to 
ensure--
            ``(1) compliance with relevant departmental acquisition 
        policies and the Federal Acquisition Regulation; and
            ``(2) the effective use of taxpayer dollars.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by striking the items 
relating to sections 435 and 436 and inserting the following new items:

``Sec. 435. Maritime operations coordination plan.
``Sec. 436. Maritime security capabilities assessments.
``Sec. 437. Border security technology program management.''.
    (c) Prohibition on Additional Authorization of Appropriations.--No 
additional funds are authorized to be appropriated to carry out section 
437 of the Homeland Security Act of 2002, as added by subsection (a).

SEC. 1117. NATIONAL GUARD SUPPORT TO SECURE THE SOUTHERN BORDER.

    (a) National Guard Support.--
            (1) Authority to request.--The Secretary may, pursuant to 
        chapter 15 of title 10, United States Code, request that the 
        Secretary of Defense support the Secretary's efforts to secure 
        the southern border of the United States. The Secretary of 
        Defense may authorize the provision of such support under 
        section 502(f) of title 32, United States Code.
            (2) Approval and order.--With the approval of the Secretary 
        and the Secretary of Defense, the Governor of a State may order 
        any units or personnel of the National Guard of such State to 
        perform operations and missions under section 502(f) of title 
        32, United States Code, for the purpose of securing the 
        southern border of the United States.
    (b) Types of Support Authorized.--The support provided in 
accordance with subsection (a) may include--
            (1) construction of reinforced fencing or other physical 
        barriers;
            (2) operation of ground-based surveillance systems;
            (3) deployment of manned aircraft, unmanned aerial 
        surveillance systems, and ground-based surveillance systems to 
        support continuous surveillance of the southern border; and
            (4) intelligence analysis support.
    (c) Materiel and Logistical Support.--The Secretary of Defense may 
deploy such materiel, equipment, and logistics support as may be 
necessary to ensure the effectiveness of the assistance provided under 
subsection (a).
    (d) Readiness.--To ensure that the use of units and personnel of 
the National Guard of a State authorized pursuant to this section does 
not degrade the training and readiness of such units and personnel, the 
Secretary of Defense shall consider the following requirements when 
authorizing or approving support under subsection (a):
            (1) The performance of such support may not affect 
        adversely the quality of such training or readiness or 
        otherwise interfere with the ability of a unit or personnel of 
        the National Guard of a State to perform the military functions 
        of such member or unit.
            (2) The performance of such support may not degrade the 
        military skills of the units or personnel of the National Guard 
        of a State performing such support.
    (e) Report on Readiness.--Upon the request of the Secretary, the 
Secretary of Defense shall provide to the Secretary a report on the 
readiness of units and personnel of the National Guard that the 
Secretary of Defense determines are capable of providing such support.
    (f) Reimbursement Notification.--Prior to providing any support 
under subsection (a), the Secretary of Defense shall notify the 
Secretary whether the requested support will be reimbursed under 
section 277 of title 10, United States Code.
    (g) Reimbursement to States.--The Secretary of Defense may 
reimburse a State for costs incurred in the deployment of any units or 
personnel of the National Guard pursuant to subsection (a).
    (h) Relationship to Other Laws.--Nothing in this section may be 
construed as affecting the authorities under chapter 9 of title 32, 
United States Code.
    (i) Reports.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act and biannually thereafter through 
        December 31, 2025, the Secretary of Defense shall submit to the 
        appropriate congressional defense committees (as defined in 
        section 101(a)(16) of title 10, United States Code) a report 
        regarding any support provided pursuant to subsection (a) for 
        the six-month period preceding each such report.
            (2) Elements.--Each report under paragraph (1) shall 
        include a description of--
                    (A) the support provided; and
                    (B) the sources and amounts of funds obligated and 
                expended to provide such support.

SEC. 1118. PROHIBITIONS ON ACTIONS THAT IMPEDE BORDER SECURITY ON 
              CERTAIN FEDERAL LAND.

    (a) Prohibition on Interference With U.S. Customs and Border 
Protection.--
            (1) In general.--The Secretary concerned may not impede, 
        prohibit, or restrict activities of U.S. Customs and Border 
        Protection on covered Federal land to carry out the activities 
        described in subsection (b).
            (2) Applicability.--The authority of U.S. Customs and 
        Border Protection to conduct activities described in subsection 
        (b) on covered Federal land applies without regard to whether a 
        state of emergency exists.
    (b) Authorized Activities of U.S. Customs and Border Protection.--
            (1) In general.--U.S. Customs and Border Protection shall 
        have immediate access to covered Federal land to conduct the 
        activities described in paragraph (2) on such land to prevent 
        all unlawful entries into the United States, including entries 
        by terrorists, unlawful aliens, instruments of terrorism, 
        narcotics, and other contraband through the southern border or 
        the northern border.
            (2) Activities described.--The activities described in this 
        paragraph are--
                    (A) carrying out section 102 of the Illegal 
                Immigration Reform and Immigrant Responsibility Act of 
                1996 (Division C of Public Law 104-208; 8 U.S.C. 1103 
                note), as amended by section 1111 of this division;
                    (B) the execution of search and rescue operations;
                    (C) the use of motorized vehicles, foot patrols, 
                and horseback to patrol the border area, apprehend 
                illegal entrants, and rescue individuals; and
                    (D) the remediation of tunnels used to facilitate 
                unlawful immigration or other illicit activities.
    (c) Clarification Relating to Waiver Authority.--
            (1) In general.--The activities of U.S. Customs and Border 
        Protection described in subsection (b)(2) may be carried out 
        without regard to the provisions of law specified in paragraph 
        (2).
            (2) Provisions of law specified.--The provisions of law 
        specified in this section are all Federal, State, or other 
        laws, regulations, and legal requirements of, deriving from, or 
        related to the subject of, the following laws:
                    (A) The National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.).
                    (B) The Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.).
                    (C) The Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.) (commonly referred to as the 
                ``Clean Water Act'').
                    (D) Division A of subtitle III of title 54, United 
                States Code (54 U.S.C. 300301 et seq.) (formerly known 
                as the ``National Historic Preservation Act'').
                    (E) The Migratory Bird Treaty Act (16 U.S.C. 703 et 
                seq.).
                    (F) The Clean Air Act (42 U.S.C. 7401 et seq.).
                    (G) The Archaeological Resources Protection Act of 
                1979 (16 U.S.C. 470aa et seq.).
                    (H) The Safe Drinking Water Act (42 U.S.C. 300f et 
                seq.).
                    (I) The Noise Control Act of 1972 (42 U.S.C. 4901 
                et seq.).
                    (J) The Solid Waste Disposal Act (42 U.S.C. 6901 et 
                seq.).
                    (K) The Comprehensive Environmental Response, 
                Compensation, and Liability Act of 1980 (42 U.S.C. 9601 
                et seq.).
                    (L) Chapter 3125 of title 54, United States Code 
                (formerly known as the ``Archaeological and Historic 
                Preservation Act'').
                    (M) The Antiquities Act (16 U.S.C. 431 et seq.).
                    (N) Chapter 3203 of title 54, United States Code 
                (formerly known as the ``Historic Sites, Buildings, and 
                Antiquities Act'').
                    (O) The Wild and Scenic Rivers Act (16 U.S.C. 1271 
                et seq.).
                    (P) The Farmland Protection Policy Act (7 U.S.C. 
                4201 et seq.).
                    (Q) The Coastal Zone Management Act of 1972 (16 
                U.S.C. 1451 et seq.).
                    (R) The Wilderness Act (16 U.S.C. 1131 et seq.).
                    (S) The Federal Land Policy and Management Act of 
                1976 (43 U.S.C. 1701 et seq.).
                    (T) The National Wildlife Refuge System 
                Administration Act of 1966 (16 U.S.C. 668dd et seq.).
                    (U) The Fish and Wildlife Act of 1956 (16 U.S.C. 
                742a et seq.).
                    (V) The Fish and Wildlife Coordination Act (16 
                U.S.C. 661 et seq.).
                    (W) Subchapter II of chapter 5, and chapter 7, of 
                title 5, United States Code (commonly known as the 
                ``Administrative Procedure Act'').
                    (X) The Otay Mountain Wilderness Act of 1999 
                (Public Law 106-145).
                    (Y) Sections 102(29) and 103 of the California 
                Desert Protection Act of 1994 (Public Law 103-433).
                    (Z) Division A of subtitle I of title 54, United 
                States Code (formerly known as the ``National Park 
                Service Organic Act'').
                    (AA) The National Park Service General Authorities 
                Act (Public Law 91-383, 16 U.S.C. 1a-1 et seq.).
                    (BB) Sections 401(7), 403, and 404 of the National 
                Parks and Recreation Act of 1978 (Public Law 95-625).
                    (CC) Sections 301(a) through (f) of the Arizona 
                Desert Wilderness Act (Public Law 101-628).
                    (DD) The Rivers and Harbors Act of 1899 (33 U.S.C. 
                403).
                    (EE) The Eagle Protection Act (16 U.S.C. 668 et 
                seq.).
                    (FF) The Native American Graves Protection and 
                Repatriation Act (25 U.S.C. 3001 et seq.).
                    (GG) The American Indian Religious Freedom Act (42 
                U.S.C. 1996).
                    (HH) The National Forest Management Act of 1976 (16 
                U.S.C. 1600 et seq.).
                    (II) The Multiple Use and Sustained Yield Act of 
                1960 (16 U.S.C. 528 et seq.).
            (3) Applicability of waiver to successor laws.--If a 
        provision of law specified in paragraph (2) was repealed and 
        incorporated into title 54, United States Code, after April 1, 
        2008, and before the date of the enactment of this Act, the 
        waiver described in paragraph (1) shall apply to the provision 
        of such title that corresponds to the provision of law 
        specified in paragraph (2) to the same extent the waiver 
        applied to that provision of law.
            (4) Savings clause.--The waiver authority under this 
        subsection may not be construed as affecting, negating, or 
        diminishing in any manner the applicability of section 552 of 
        title 5, United States Code (commonly referred to as the 
        ``Freedom of Information Act''), in any relevant matter.
    (d) Protection of Legal Uses.--This section may not be construed to 
provide--
            (1) authority to restrict legal uses, such as grazing, 
        hunting, mining, or recreation or the use of backcountry 
        airstrips, on land under the jurisdiction of the Secretary of 
        the Interior or the Secretary of Agriculture; or
            (2) any additional authority to restrict legal access to 
        such land.
    (e) Effect on State and Private Land.--This section shall--
            (1) have no force or effect on State lands or private 
        lands; and
            (2) not provide authority on or access to State lands or 
        private lands.
    (f) Tribal Sovereignty.--Nothing in this section may be construed 
to supersede, replace, negate, or diminish treaties or other agreements 
between the United States and Indian tribes.
    (g) Memoranda of Understanding.--The requirements of this section 
shall not apply to the extent that such requirements are incompatible 
with any memorandum of understanding or similar agreement entered into 
between the Commissioner and a National Park Unit before the date of 
the enactment of this Act.
    (h) Definitions.--In this section:
            (1) Covered federal land.--The term ``covered Federal 
        land'' includes all land under the control of the Secretary 
        concerned that is located within 100 miles of the southern 
        border or the northern border.
            (2) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) with respect to land under the jurisdiction of 
                the Department of Agriculture, the Secretary of 
                Agriculture; and
                    (B) with respect to land under the jurisdiction of 
                the Department of the Interior, the Secretary of the 
                Interior.

SEC. 1119. LANDOWNER AND RANCHER SECURITY ENHANCEMENT.

    (a) Establishment of National Border Security Advisory Committee.--
The Secretary shall establish a National Border Security Advisory 
Committee, which--
            (1) may advise, consult with, report to, and make 
        recommendations to the Secretary on matters relating to border 
        security matters, including--
                    (A) verifying security claims and the border 
                security metrics established by the Department of 
                Homeland Security under section 1092 of the National 
                Defense Authorization Act for Fiscal Year 2017 (Public 
                Law 114-328; 6 U.S.C. 223); and
                    (B) discussing ways to improve the security of high 
                traffic areas along the northern border and the 
                southern border; and
            (2) may provide, through the Secretary, recommendations to 
        Congress.
    (b) Consideration of Views.--The Secretary shall consider the 
information, advice, and recommendations of the National Border 
Security Advisory Committee in formulating policy regarding matters 
affecting border security.
    (c) Membership.--The National Border Security Advisory Committee 
shall consist of at least one member from each State who--
            (1) has at least five years practical experience in border 
        security operations; or
            (2) lives and works in the United States within 80 miles 
        from the southern border or the northern border.
    (d) Nonapplicability of Federal Advisory Committee Act.--The 
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
National Border Security Advisory Committee.

SEC. 1120. ERADICATION OF CARRIZO CANE AND SALT CEDAR.

    (a) In General.--The Secretary, in coordination with the heads of 
the relevant Federal, State, and local agencies, shall begin 
eradicating the carrizo cane plant and any salt cedar along the Rio 
Grande River that impedes border security operations.
    (b) Extent.--The waiver authority under subsection (c) of section 
102 of the Illegal Immigration Reform and Immigrant Responsibility Act 
of 1996 (8 U.S.C. 1103 note), as amended by section 4 of this Act, 
shall extend to activities carried out pursuant to subsection (a).

SEC. 1121. SOUTHERN BORDER THREAT ANALYSIS, BORDER PATROL STRATEGIC 
              PLAN, AND NORTHERN BORDER THREAT ANALYSIS.

    (a) Souther Border Threat Analysis.--
            (1) Requirement.--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 Southern border threat analysis.
            (2) Contents.--The analysis submitted under paragraph (1) 
        shall include an assessment of--
                    (A) current and potential terrorism and criminal 
                threats posed by individuals and organized groups 
                seeking--
                            (i) to unlawfully enter the United States 
                        through the Southern border; or
                            (ii) to exploit security vulnerabilities 
                        along the Southern border;
                    (B) improvements needed at and between ports of 
                entry along the Southern border to prevent terrorists 
                and instruments of terror from entering the United 
                States;
                    (C) gaps in law, policy, and coordination between 
                State, local, or tribal law enforcement, international 
                agreements, or tribal agreements that hinder effective 
                and efficient border security, counterterrorism, and 
                anti-human smuggling and trafficking efforts;
                    (D) the current percentage of situational awareness 
                achieved by the Department along the Southern border;
                    (E) the current percentage of operational control 
                achieved by the Department on the Southern border; and
                    (F) traveler crossing times and any potential 
                security vulnerability associated with prolonged wait 
                times.
            (3) Analysis requirements.--In compiling the Southern 
        border threat analysis required under this subsection, the 
        Secretary shall consider and examine--
                    (A) the technology needs and challenges, including 
                such needs and challenges identified as a result of 
                previous investments that have not fully realized the 
                security and operational benefits that were sought;
                    (B) the personnel needs and challenges, including 
                such needs and challenges associated with recruitment 
                and hiring;
                    (C) the infrastructure needs and challenges;
                    (D) the roles and authorities of State, local, and 
                tribal law enforcement in general border security 
                activities;
                    (E) the status of coordination among Federal, 
                State, local, tribal, and Mexican law enforcement 
                entities relating to border security;
                    (F) the terrain, population density, and climate 
                along the Southern border; and
                    (G) the international agreements between the United 
                States and Mexico related to border security.
            (4) Classified form.--To the extent possible, the Secretary 
        shall submit the Southern border threat analysis required under 
        this subsection in unclassified form, but may submit a portion 
        of the threat analysis in classified form if the Secretary 
        determines such action is appropriate.
    (b) In General.--Not later than one year after the date of 
enactment of this section and every 2 years thereafter, the Secretary, 
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 international borders of the 
United States.
    (c) Elements.--The plan shall include the following:
            (1) A consideration of Border Patrol Capability Gap 
        Analysis reporting, Border Security Improvement Plans, and any 
        other strategic document authored by the U.S. Border Patrol to 
        address security gaps with respect to 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. Border Patrol 
        to--
                    (A) increase situational awareness, including--
                            (i) surveillance capabilities, such as 
                        capabilities developed or utilized by the 
                        Department of Defense, and any appropriate 
                        technology determined to be excess by the 
                        Department of Defense; and
                            (ii) the use of manned aircraft and 
                        unmanned aircraft systems;
                    (B) detect and prevent terrorists and instruments 
                of terrorism from entering the United States;
                    (C) detect, interdict, and disrupt human smuggling, 
                human trafficking, drug trafficking and other illicit 
                cross-border activity;
                    (D) focus intelligence collection to disrupt 
                transnational criminal organizations outside of the 
                international and maritime borders of the United 
                States; and
                    (E) 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 Department 
        with respect to operational coordination, including any 
        relevant task forces of the Department.
            (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 relating to 
        information sharing with State, local, Tribal, territorial, and 
        other Federal law enforcement agencies that have jurisdiction 
        on the border.
            (7) Information relating to border security information 
        received from--
                    (A) State, local, Tribal, territorial, and other 
                Federal law enforcement agencies that have jurisdiction 
                on the border or in the maritime environment; and
                    (B) border community stakeholders, including 
                representatives from--
                            (i) border agricultural and ranching 
                        organizations; and
                            (ii) business and civic organizations.
            (8) Information relating to the staffing requirements with 
        respect to border security for the Department.
            (9) A prioritized list of Department research and 
        development objectives to enhance the security of the southern 
        border.
            (10) An assessment of training programs, including such 
        programs relating to--
                    (A) identifying and detecting fraudulent documents;
                    (B) understanding the scope of CBP enforcement 
                authorities and appropriate use of force policies; and
                    (C) screening, identifying, and addressing 
                vulnerable populations, such as children and victims of 
                human trafficking.
    (d) Northern Border Threat Analysis.--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 an update of the Northern Border Threat Analysis as required in 
the Northern Border Security Review Act (Public Law 114-267).

SEC. 1122. AMENDMENTS TO U.S. CUSTOMS AND BORDER PROTECTION.

    (a) Duties.--Subsection (c) of section 411 of the Homeland Security 
Act of 2002 (6 U.S.C. 211) is amended--
            (1) in paragraph (18), by striking ``and'' after the 
        semicolon at the end;
            (2) by redesignating paragraph (19) as paragraph (21); and
            (3) by inserting after paragraph (18) the following new 
        paragraphs:
            ``(19) administer the U.S. Customs and Border Protection 
        public private partnerships under subtitle G;
            ``(20) administer preclearance operations under the 
        Preclearance Authorization Act of 2015 (19 U.S.C. 4431 et seq.; 
        enacted as subtitle B of title VIII of the Trade Facilitation 
        and Trade Enforcement Act of 2015; 19 U.S.C. 4301 et seq.); 
        and''.
    (b) Office of Field Operations Staffing.--Subparagraph (A) of 
section 411(g)(5) of the Homeland Security Act of 2002 (6 U.S.C. 
211(g)(5)) is amended by inserting before the period at the end the 
following: ``compared to the number indicated by the current fiscal 
year work flow staffing model''.
    (c) Implementation Plan.--Subparagraph (B) of section 814(e)(1) of 
the Preclearance Authorization Act of 2015 (19 U.S.C. 4433(e)(1); 
enacted as subtitle B of title VIII of the Trade Facilitation and Trade 
Enforcement Act of 2015; 19 U.S.C. 4301 et seq.) is amended to read as 
follows:
                    ``(B) a port of entry vacancy rate which compares 
                the number of officers identified in subparagraph (A) 
                with the number of officers at the port at which such 
                officer is currently assigned.''.
    (d) Definition.--Subsection (r) of section 411 of the Homeland 
Security Act of 2002 (6 U.S.C. 211) is amended--
            (1) by striking ``this section, the terms'' and inserting 
        the following: ``this section:
            ``(1) the terms'';
            (2) in paragraph (1), as added by subparagraph (A), by 
        striking the period at the end and inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(2) the term `unmanned aerial systems' has the meaning 
        given the term `unmanned aircraft system' in section 331 of the 
        FAA Modernization and Reform Act of 2012 (Public Law 112-95; 49 
        U.S.C. 40101 note).''.

SEC. 1123. AGENT AND OFFICER TECHNOLOGY USE.

    In carrying out section 102 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (as amended by section 1111 of 
this division) and section 1113 of this division, the Secretary shall, 
to the greatest extent practicable, ensure that technology deployed to 
gain situational awareness and operational control of the border be 
provided to front-line officers and agents of the Department of 
Homeland Security.

SEC. 1124. INTEGRATED BORDER ENFORCEMENT TEAMS.

    (a) In General.--Subtitle D 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:

``SEC. 447. INTEGRATED BORDER ENFORCEMENT TEAMS.

    ``(a) Establishment.--There is established within the Department a 
program to be known as the Integrated Border Enforcement Team program 
(referred to in this section as `IBET') for the purposes described in 
subsection (b).
    ``(b) Purposes.--The purposes described in this subsection are the 
following:
            ``(1) Enhance cooperation between the United States and 
        Canada with respect to border security.
            ``(2) Enhance security between designated ports of entry.
            ``(3) Detect, investigate, prevent, and respond to 
        terrorism, transnational criminal organizations, and other 
        violations of law related to border security.
            ``(4) Facilitate collaboration among components and offices 
        within the Department and international partners.
            ``(5) Execute coordinated activities in furtherance of 
        border security and homeland security.
            ``(6) Enhance information sharing, including the 
        dissemination of homeland security information among such 
        components and offices of the Department and international 
        partners.
    ``(c) Composition and Establishment of Units.--
            ``(1) Composition.--IBET units may be composed of personnel 
        from the following:
                    ``(A) U.S. Customs and Border Protection.
                    ``(B) U.S. Immigration and Customs Enforcement, led 
                by Homeland Security Investigations.
                    ``(C) Other Department personnel, as appropriate.
                    ``(D) Other Federal, State, local, Tribal, and 
                foreign law enforcement agencies, as appropriate.
                    ``(E) Other appropriate personnel at the discretion 
                of the Secretary.
            ``(2) Establishment of units.--
                    ``(A) In general.--The Secretary may establish IBET 
                units in regions in which such units can contribute to 
                the purpose of IBET.
                    ``(B) Assessment.--Prior to establishing an IBET 
                unit pursuant to subparagraph (A), the Secretary shall 
                assess the establishment of such unit in a particular 
                region with the following criteria:
                            ``(i) The likelihood that the establishment 
                        of such unit in such region would significantly 
                        mitigate cross-border threats, including such 
                        threats posed by transnational criminal 
                        organizations and terrorist groups.
                            ``(ii) The availability of Federal, State, 
                        local, Tribal, and foreign law enforcement 
                        resources to participate in such unit.
                            ``(iii) Whether the establishment of such 
                        unit would duplicate the efforts of existing 
                        interagency task forces or centers within such 
                        region, including the Border Enforcement 
                        Security Task Force established under section 
                        432.
    ``(d) Operation.--After establishing an IBET unit pursuant to 
paragraph (2) of subsection (c), the Secretary may--
            ``(1) direct the assignment of Federal personnel to such 
        unit;
            ``(2) take other actions to assist Federal, State, local, 
        and Tribal entities to participate in such unit, including 
        providing financial assistance for operational, administrative, 
        and technological costs associated with such participation;
            ``(3) direct the development of policy and guidance 
        necessary to identify, assess, and integrate the available 
        partner resources in relevant border sector security 
        assessments and resource planning documents;
            ``(4) establish targets and performance measures for such 
        unit; and
            ``(5) direct leadership of such unit to monitor the 
        progress with respect to such targets and performance measures.
    ``(e) Coordination.--The Secretary shall coordinate IBET activities 
with other similar border security and antiterrorism programs within 
the Department in accordance with the strategic objectives of the 
Cross-Border Law Enforcement Advisory Committee.
    ``(f) Memoranda of Understanding.--The Secretary may enter into 
memoranda of understanding with appropriate representatives of the 
entities specified in paragraph (1) of subsection (c), as necessary, to 
carry out this section.
    ``(g) Report.--Not later than 180 days after the date on which IBET 
is established and annually thereafter for the following six years, 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 report that--
            ``(1) describes the effectiveness of IBET units in 
        fulfilling the purposes specified in subsection (b);
            ``(2) identifies challenges on the sustainment of cross-
        border IBET operations, including challenges faced by 
        international partners, and planned corrective actions;
            ``(3) identifies costs associated with IBET units 
        disaggregated by relevant categories designated at the 
        discretion of the Secretary;
            ``(4) identifies ways to support joint training for IBET 
        stakeholder agencies and radio interoperability to allow for 
        secure cross-border radio communications; and
            ``(5) identifies and assesses ways IBET, Border Tunnel Task 
        Forces, Border Enforcement Security Task Forces, and the 
        Integrated Cross-Border Maritime Law Enforcement Operation 
        Program can better align operations, including interdiction and 
        investigation activities.''.
    (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 446 the following new item:

``Sec. 447. Integrated Border Enforcement Teams.''.

SEC. 1125. TUNNEL TASK FORCES.

    The Secretary is authorized to establish Tunnel Task Forces for the 
purposes of detecting and remediating tunnels that breach the 
international border of the United States.

SEC. 1126. PILOT PROGRAM ON USE OF ELECTROMAGNETIC SPECTRUM IN SUPPORT 
              OF BORDER SECURITY OPERATIONS.

    (a) In General.--The Commissioner, in consultation with the 
Assistant Secretary of Commerce for Communications and Information, 
shall conduct a pilot program to test and evaluate the use of 
electromagnetic spectrum by U.S. Customs and Border Protection in 
support of border security operations through--
            (1) ongoing management and monitoring of spectrum to 
        identify threats such as unauthorized spectrum use, and the 
        jamming and hacking of United States communications assets, by 
        persons engaged in criminal enterprises;
            (2) automated spectrum management to enable greater 
        efficiency and speed for U.S. Customs and Border Protection in 
        addressing emerging challenges in overall spectrum use on the 
        United States border; and
            (3) coordinated use of spectrum resources to better 
        facilitate interoperability and interagency cooperation and 
        interdiction efforts at or near the United States border.
    (b) Report to Congress.--Not later than 180 days after the 
conclusion of the pilot program conducted under subsection (a), the 
Commissioner shall submit to the Committee on Homeland Security and the 
Committee on Energy and Commerce of the House of Representatives and 
the Committee on Homeland Security and Governmental Affairs and the 
Committee on Commerce, Science, and Transportation of the Senate a 
report on the findings and data derived from such program.

SEC. 1127. FOREIGN MIGRATION ASSISTANCE.

    (a) In General.--Subtitle C of title IV of the Homeland Security 
Act of 2002 (6 U.S.C. 231 et seq.), as amended by sections 1115 and 
1123 of this division, is further amended by adding at the end the 
following new section:

``SEC. 439. FOREIGN MIGRATION ASSISTANCE.

    ``(a) In General.--The Secretary, with the concurrence of the 
Secretary of State, may provide to a foreign government financial 
assistance for foreign country operations to address migration flows 
that may affect the United States.
    ``(b) Determination.--Assistance provided under subsection (a) may 
be provided only if such assistance would enhance the recipient 
government's capacity to address irregular migration flows that may 
affect the United States, including through related detention or 
removal operations by the recipient government, including procedures to 
screen and provide protection for certain individuals.
    ``(c) Reimbursement of Expenses.--The Secretary may, if 
appropriate, seek reimbursement from the receiving foreign government 
for the provision of financial assistance under this section.
    ``(d) Receipts Credited as Offsetting Collections.--Notwithstanding 
section 3302 of title 31, United States Code, any reimbursement 
collected pursuant to subsection (c) shall--
            ``(1) be credited as offsetting collections to the account 
        that finances the financial assistance under this section for 
        which such reimbursement is received; and
            ``(2) remain available until expended for the purpose of 
        carrying out this section.
    ``(e) Effective Period.--The authority provided under this section 
shall remain in effect until September 30, 2026.
    ``(f) Development and Program Execution.--The Secretary and the 
Secretary of State shall jointly develop and implement any financial 
assistance under this section.
    ``(g) Rule of Construction.--Nothing in this section may be 
construed as affecting, augmenting, or diminishing the authority of the 
Secretary of State.
    ``(h) Authorization of Appropriations.--In addition to amounts 
otherwise authorized to be appropriated for such purpose, there is 
authorized to be appropriated $50,000,000 for fiscal years 2022 through 
2026 to carry out this section.''.
    (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 438 the following new item:

``Sec. 439. Foreign migration assistance.''.

SEC. 1128. BIOMETRIC IDENTIFICATION TRANSNATIONAL MIGRATION ALERT 
              PROGRAM.

    (a) In General.--Subtitle D of title IV of the Homeland Security 
Act of 2002 (6 U.S.C. 251 et seq.) is amended by adding at the end the 
following new section:

``SEC. 447. BIOMETRIC IDENTIFICATION TRANSNATIONAL MIGRATION ALERT 
              PROGRAM.

    ``(a) Establishment.--There is established in the Department a 
program to be known as the Biometric Identification Transnational 
Migration Alert Program (referred to in this section as `BITMAP') to 
address and reduce national security, border security, and public 
safety threats before such threats reach the international border of 
the United States.
    ``(b) Duties.--In carrying out BITMAP operations, the Secretary, 
acting through the Director of U.S. Immigration and Customs 
Enforcement, shall--
            ``(1) provide, when necessary, capabilities, training, and 
        equipment, to the government of a foreign country to collect 
        biometric and biographic identification data from individuals 
        to identify, prevent, detect, and interdict high-risk 
        individuals identified as national security, border security, 
        or public safety threats who may attempt to enter the United 
        States utilizing illicit pathways;
            ``(2) provide capabilities to the government of a foreign 
        country to compare foreign data against appropriate United 
        States national security, border security, public safety, 
        immigration, and counterterrorism data, including--
                    ``(A) the Federal Bureau of Investigation's 
                Terrorist Screening Database, or successor database;
                    ``(B) the Federal Bureau of Investigation's Next 
                Generation Identification database, or successor 
                database;
                    ``(C) the Department of Defense Automated Biometric 
                Identification System (commonly known as `ABIS'), or 
                successor database;
                    ``(D) the Department's Automated Biometric 
                Identification System (commonly known as `IDENT'), or 
                successor database; and
                    ``(E) any other database, notice, or means that the 
                Secretary, in consultation with the heads of other 
                Federal departments and agencies responsible for such 
                databases, notices, or means, designates; and
            ``(3) ensure biometric and biographic identification data 
        collected pursuant to BITMAP are incorporated into appropriate 
        United States Government databases, in compliance with the 
        policies and procedures established by the Privacy Officer 
        appointed under section 222.
    ``(c) Collaboration.--The Secretary shall ensure that BITMAP 
operations include participation from relevant components of the 
Department, and, as appropriate, request participation from other 
Federal agencies.
    ``(d) Coordination.--The Secretary shall coordinate with the 
Secretary of State, appropriate representatives of foreign governments, 
and the heads of other Federal agencies, as appropriate, to carry out 
paragraph (1) of subsection (b).
    ``(e) Agreements.--Before carrying out BITMAP operations in a 
foreign country that, as of the date of the enactment of this section, 
was not a partner country described in this section, the Secretary, 
with the concurrence of the Secretary of State, shall enter into an 
agreement or arrangement with the government of such country that 
outlines such operations in such country, including related 
departmental operations. Such country shall be a partner country 
described in this section pursuant to and for purposes of such 
agreement or arrangement.
    ``(f) Notification to Congress.--Not later than 60 days before an 
agreement with the government of a foreign country to carry out BITMAP 
operations in such foreign country enters into force, the Secretary 
shall provide the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs of the Senate with a copy of the agreement to establish such 
operations, which shall include--
            ``(1) the identification of the foreign country with which 
        the Secretary intends to enter into such an agreement;
            ``(2) the location at which such operations will be 
        conducted; and
            ``(3) the terms and conditions for Department personnel 
        operating at such location.''.
    (b) Report.--Not later than 180 days after the date on which the 
Biometric Identification Transnational Migration Alert Program (BITMAP) 
is established under section 447 of the Homeland Security Act of 2002 
(as added by subsection (a) of this section) and annually thereafter 
for the following five years, the Secretary 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 that details the effectiveness of BITMAP 
operations in enhancing national security, border security, and public 
safety.
    (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 446 the following new item:

``Sec. 447. Biometric Identification Transnational Migration Alert 
                            Program.''.

SEC. 1129. BORDER AND PORT SECURITY TECHNOLOGY INVESTMENT PLAN.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this section, the Commissioner, in consultation with 
covered officials and border and port security technology stakeholders, 
shall submit to the appropriate congressional committees a strategic 5-
year technology investment plan (in this section to be referred to as 
the ``plan''). The plan may include a classified annex, if appropriate.
    (b) Contents of Plan.--The plan shall include the following:
            (1) An analysis of security risks with respect to ports of 
        entry along the northern and southern borders of the United 
        States.
            (2) An identification of capability gaps with respect to 
        security at such ports of entry.
            (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 that are listed in order of priority to address 
        the security risks and capability gaps identified pursuant to 
        paragraphs (1) and (2), respectively.
            (5) A description of each planned security-related 
        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, modeling, and 
        simulation capabilities, including target methodologies, 
        rationales, and timelines, necessary to support the acquisition 
        of security-related technologies pursuant to paragraph (4).
            (8) An identification and assessment of ways to increase 
        opportunities for communication and collaboration with 
        industry, small and disadvantaged businesses, intra-government 
        entities, university centers of excellence, and national 
        laboratories to ensure CBP understands the market for security-
        related technologies that are available to satisfy its mission 
        needs before engaging in an acquisition of a security-related 
        technology.
            (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 already-existing 
        acquisition expertise within the Federal Government.
            (11) A description of the security resources, including 
        information security resources, that will be 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 greater predictability and clarity, 
                with respect to such process, to small, medium, and 
                large businesses, including information relating to the 
                timeline for testing and evaluation.
            (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 industry and community stakeholders affected by such 
        removal.
            (15) A strategy to consult with industry and community 
        stakeholders with respect to security impacts at a port of 
        entry described in paragraph (14).
    (c) Leveraging the Private Sector.--To the extent practicable, the 
plan shall--
            (1) leverage to the greatest extent possible emerging 
        technological trends, and research and development trends, 
        within the public and private sectors;
            (2) incorporate input from the private sector, including 
        from border and port security stakeholders, 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 adaptation, 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.
    (e) Approval.--The Commissioner may not publish the plan until the 
plan is approved by the Secretary.
    (f) Disclosure.--The plan shall include a list of the names of 
individuals not employed by the Federal Government who contributed to 
the development of the plan.
    (g) Update and Report.--Not later than the date that is two years 
after the date on which the plan is submitted to the appropriate 
congressional committees pursuant 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-related 
                technology acquired by CBP since the initial submission 
                of the plan or most recent update of the plan, as the 
                case may be, is consistent with the planned technology 
                programs and projects identified pursuant to subsection 
                (b)(5); and
                    (B) the type of contract and the reason for 
                acquiring such security-related technology.
    (h) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Homeland Security of the House 
                of Representatives; and
                    (B) the Committee on Homeland Security and 
                Governmental Affairs 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 ``unlawfully present'' 
        has the meaning given 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. 1130. COMMERCIAL SOLUTIONS OPENING ACQUISITION PROGRAM.

    (a) Authority.--The Commissioner may carry out a program, to be 
known as the ``commercial solutions opening acquisition program'' (in 
this section referred to as the ``program''), under which commercial 
items that are innovative may be acquired through a competitive 
selection of proposals resulting from a general solicitation and peer 
review of such proposals.
    (b) Treatment as Competitive Procedures.--Use of general 
solicitation competitive procedures for the program shall be considered 
to be use of competitive procedures for purposes of division C of title 
41, United States Code.
    (c) Limitation.--The Commissioner may not enter into a contract 
under the program for an amount in excess of $10,000,000.
    (d) Guidance.--The Commissioner, in consultation with the Under 
Secretary for Management of the Department, shall--
            (1) issue guidance for the implementation of the program; 
        and
            (2) post such guidance on a publicly available website of 
        CBP.
    (e) Report.--
            (1) In general.--The Commissioner shall submit to the 
        appropriate congressional committees a report relating to the 
        activities of the program as an addendum to the annual budget 
        request submission of the Commissioner.
            (2) Elements.--Each report required under paragraph (1) 
        shall include--
                    (A) an assessment of the impact of the program with 
                respect to competition;
                    (B) a comparison of acquisition timelines of 
                procurements made using--
                            (i) the program; and
                            (ii) other competitive procedures that do 
                        not rely on general solicitations; and
                    (C) a recommendation with respect to whether the 
                authority for the program should be extended beyond the 
                date of termination specified in subsection (f).
    (f) Termination.--The program shall terminate on September 30, 
2028.
    (g) Definitions.--In this section:
            (1) Competitive procedures.--The term ``competitive 
        procedures'' has the meaning given such term in section 152 of 
        title 41, United States Code.
            (2) Innovative.--The term ``innovative'' means any new--
                    (A) technology, process, or method, including 
                research and development; or
                    (B) application of an existing technology, process, 
                or method.

SEC. 1131. U.S. CUSTOMS AND BORDER PROTECTION TECHNOLOGY UPGRADES.

    (a) Secure Communications.--The Commissioner shall ensure that each 
CBP officer or agent, if appropriate, 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 stations; and
            (2) with other Federal, State, Tribal, and local law 
        enforcement entities.
    (b) Border Security Deployment Program.--
            (1) Expansion.--Not later than September 30, 2023, the 
        Commissioner shall fully implement the Border Security 
        Deployment Program of CBP and 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 appropriated for such 
        purpose, there is authorized to be appropriated $33,000,000 for 
        fiscal years 2022 and 2023 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 section, the Commissioner shall upgrade 
        all existing license plate readers in need of upgrade, as 
        determined by the Commissioner, on the northern and southern 
        borders of the United States.
            (2) Authorization of appropriations.--In addition to 
        amounts otherwise authorized to be appropriated for such 
        purpose, there is authorized to be appropriated $125,000,000 
        for fiscal years 2022 and 2023 to carry out paragraph (1).
    (d) Biometric Exit Data System.--
            (1) In general.--Subtitle B of title IV of the Homeland 
        Security Act of 2002 (6 U.S.C. 211 et seq.) is amended by 
        adding at the end the following new section:

``SEC. 420. BIOMETRIC EXIT DATA SYSTEM.

    ``(a) Establishment.--The Secretary shall--
            ``(1) not later than 180 days after the date of the 
        enactment of this section, submit to the Committee on Homeland 
        Security and the Committee on the Judiciary of the House of 
        Representatives and the Committee on Homeland Security and 
        Governmental Affairs and the Committee on the Judiciary of the 
        Senate an implementation plan to establish a biometric exit 
        data system to complete the integrated biometric entry and exit 
        data system required under section 7208 of the Intelligence 
        Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1365b), 
        including--
                    ``(A) an integrated master schedule and cost 
                estimate, including requirements and design, 
                development, operational, and maintenance costs of such 
                a system, that takes into account prior reports on such 
                matters issued by the Government Accountability Office 
                and the Department;
                    ``(B) cost-effective staffing and personnel 
                requirements of such a system that leverages existing 
                resources of the Department and takes into account 
                prior reports on such matters issued by the Government 
                Accountability Office and the Department;
                    ``(C) a consideration of training programs 
                necessary to establish such a system that takes into 
                account prior reports on such matters issued by the 
                Government Accountability Office and the Department;
                    ``(D) a consideration of how such a system will 
                affect arrival and departure wait times that takes into 
                account prior reports on such matters issued by the 
                Government Accountability Office and the Department;
                    ``(E) a consideration of audit capability for 
                systems procured in partnership with the private sector 
                to achieve biometric exit;
                    ``(F) information received after consultation with 
                the private sector, including the--
                            ``(i) trucking industry;
                            ``(ii) airport industry;
                            ``(iii) airline industry;
                            ``(iv) seaport industry;
                            ``(v) travel industry; and
                            ``(vi) biometric technology industry;
                    ``(G) a consideration of how trusted traveler 
                programs in existence as of the date of the enactment 
                of this section may be impacted by, or incorporated 
                into, such a system;
                    ``(H) defined metrics of success and milestones;
                    ``(I) identified risks and mitigation strategies to 
                address such risks;
                    ``(J) a consideration of how other countries have 
                implemented a biometric exit data system;
                    ``(K) a consideration of stakeholder privacy 
                concerns; and
                    ``(L) a list of statutory, regulatory, or 
                administrative authorities, if any, needed to integrate 
                such a system into the operations of the Transportation 
                Security Administration; and
            ``(2) not later than two years after the date of the 
        enactment of this section, establish a biometric exit data 
        system at--
                    ``(A) the 15 United States airports that support 
                the highest volume of international air travel, as 
                determined by available Federal flight data;
                    ``(B) the 10 United States seaports that support 
                the highest volume of international sea travel, as 
                determined by available Federal travel data; and
                    ``(C) the 15 United States land ports of entry that 
                support the highest volume of vehicle, pedestrian, and 
                cargo crossings, as determined by available Federal 
                border crossing data.
    ``(b) Implementation.--
            ``(1) Pilot program at land ports of entry.--Not later than 
        six months after the date of the enactment of this section, the 
        Secretary, in collaboration with industry stakeholders 
        specified in subsection (a)(1)(F), shall establish a six-month 
        pilot program to test the biometric exit data system referred 
        to in subsection (a)(1) on nonpedestrian outbound traffic at 
        not fewer than three land ports of entry with significant 
        cross-border traffic, including at not fewer than two land 
        ports of entry on the southern land border and at least one 
        land port of entry on the northern land border. Such pilot 
        program may include a consideration of more than one biometric 
        mode, and shall be implemented to determine the following:
                    ``(A) How a nationwide implementation of such 
                biometric exit data system at land ports of entry shall 
                be carried out.
                    ``(B) The infrastructure required to carry out 
                subparagraph (A).
                    ``(C) The effects of such pilot program on--
                            ``(i) legitimate travel and trade;
                            ``(ii) wait times, including processing 
                        times, for such non-pedestrian traffic;
                            ``(iii) combating terrorism; and
                            ``(iv) identifying visa holders who violate 
                        the terms of their visas.
            ``(2) At land ports of entry.--
                    ``(A) In general.--Not later than five years after 
                the date of the enactment of this section, the 
                Secretary shall expand to all land ports of entry the 
                biometric exit data system established pursuant to 
                subsection (a)(2).
                    ``(B) Extension.--The Secretary may extend for a 
                single two-year period the date specified in 
                subparagraph (A) if the Secretary certifies to the 
                Committee on Homeland Security and the Committee on the 
                Judiciary of the House of Representatives and the 
                Committee on Homeland Security and Governmental Affairs 
                and the Committee on the Judiciary of the Senate that 
                the 15 land ports of entry that support the highest 
                volume of vehicle, pedestrian, and cargo crossings, as 
                determined by available Federal border crossing data, 
                do not have the physical infrastructure or 
                characteristics to install the systems necessary to 
                implement a biometric exit data system. Such extension 
                shall apply only in the case of nonpedestrian outbound 
                traffic at such land ports of entry.
            ``(3) At air and sea ports of entry.--Not later than five 
        years after the date of the enactment of this section, the 
        Secretary shall expand to all air and sea ports of entry the 
        biometric exit data system referred to in subsection (a)(2).
    ``(c) Effects on Air, Sea, and Land Transportation.--The Secretary, 
in consultation with appropriate industry stakeholders, shall ensure 
that the collection of biometric data under this section causes the 
least possible disruption to the movement of people or cargo in air, 
sea, or land transportation, while fulfilling the goals of improving 
counterterrorism efforts and identifying visa holders who violate the 
terms of their visas.
    ``(d) Termination of Proceeding.--Notwithstanding any other 
provision of law, the Secretary shall, on the date of the enactment of 
this section, terminate the proceeding entitled `Collection of Alien 
Biometric Data Upon Exit From the United States at Air and Sea Ports of 
Departure; United States Visitor and Immigrant Status Indicator 
Technology Program (``US-VISIT'')', issued on April 24, 2008 (73 Fed. 
Reg. 22065).
    ``(e) Data Matching.--The biometric exit data system established 
under this section shall--
            ``(1) match biometric information for an individual, 
        regardless of nationality, citizenship, or immigration status, 
        who is departing the United States against biometric data 
        previously provided to the United States Government by such 
        individual for the purposes of international travel;
            ``(2) leverage the infrastructure and databases of the 
        current biometric entry and exit system established pursuant to 
        section 7208 of the Intelligence Reform and Terrorism 
        Prevention Act of 2004 (8 U.S.C. 1365b) for the purpose 
        described in paragraph (1); and
            ``(3) be interoperable with, and allow matching against, 
        other Federal databases that--
                    ``(A) store biometrics of known or suspected 
                terrorists; and
                    ``(B) identify visa holders who violate the terms 
                of their visas.
    ``(f) Scope.--
            ``(1) In general.--The biometric exit data system 
        established under this section shall include a requirement for 
        the collection of biometric exit data at the time of departure 
        for all categories of individuals who are required by the 
        Secretary to provide biometric entry data.
            ``(2) Exception for certain other individuals.--This 
        section shall not apply in the case of an individual who exits 
        and then enters the United States on a passenger vessel (as 
        such term is defined in section 2101 of title 46, United States 
        Code) the itinerary of which originates and terminates in the 
        United States.
            ``(3) Exception for land ports of entry.--This section 
        shall not apply in the case of a United States or Canadian 
        citizen who exits the United States through a land port of 
        entry.
    ``(g) Collection of Data.--The Secretary may not require any non-
Federal person to collect biometric data, or contribute to the costs of 
collecting or administering the biometric exit data system established 
under this section, except through a mutual agreement.
    ``(h) Multimodal Collection.--In carrying out subsections (a)(1) 
and (b), the Secretary shall make every effort to collect biometric 
data using multiple modes of biometrics.
    ``(i) Facilities.--
            ``(1) In general.--All facilities at which the biometric 
        exit data system established under this section is implemented 
        shall provide and maintain space for Federal use that is 
        adequate to support biometric data collection and other 
        inspection-related activity.
            ``(2) Non-federal facilities.--With respect to each non-
        Federal facility at which the biometric exit data system is 
        implemented pursuant to paragraph (1), the space required under 
        such paragraph shall be provided and maintained at no cost to 
        the Federal Government.
            ``(3) Land ports of entry.--With respect to each facility 
        at a land port of entry at which the biometric exit data system 
        is implemented pursuant to paragraph (1), the space required 
        under such paragraph shall be coordinated with the 
        Administrator of General Services.
    ``(j) Northern Land Border.--With respect to the northern land 
border, the requirements under subsections (a)(2)(C), (b)(2)(A), and 
(b)(3) may be achieved through the sharing of biometric data provided 
to the Department by the Canadian Border Services Agency pursuant to 
the 2011 Beyond the Border agreement.
    ``(k) Full and Open Competition.--The Secretary shall procure goods 
and services to implement this section through full and open 
competition in accordance with the Federal Acquisition Regulation.
    ``(l) Other Biometric Initiatives.--Nothing in this section may be 
construed as limiting the authority of the Secretary to collect 
biometric information in circumstances other than as specified in this 
section.
    ``(m) Congressional Review.--Not later than 90 days after the date 
of the enactment of this section, the Secretary shall submit to the 
Committee on Homeland Security and the Committee on the Judiciary of 
the House of Representatives and the Committee on Homeland Security and 
Governmental Affairs and the Committee on the Judiciary of the Senate 
reports and recommendations regarding the Directorate of Science and 
Technology's Air Entry and Exit Re-Engineering Program and the U.S. 
Customs and Border Protection entry and exit mobility program 
demonstrations.
    ``(n) Savings Clause.--Nothing in this section may prohibit the 
collection of user fees permitted by section 13031 of the Consolidated 
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c).''.
            (2) Authorization of appropriations.--There is authorized 
        to be appropriated $50,000,000 for each of fiscal years 2022 
        and 2023 to carry out section 420 of the Homeland Security Act 
        of 2002, as added by this subsection.
            (3) 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 419 the following 
        new item:

``Sec. 420. Biometric exit data system.''.

SEC. 1132. NONINTRUSIVE INSPECTION OPERATIONS.

    The Secretary shall fully implement the requirements of the 
Securing America's Ports Act (Public Law 116-299; 6 U.S.C. 211 note).

SEC. 1133. HOMELAND SECURITY INVESTIGATIONS INNOVATION LAB.

    (a) In General.--Subtitle E 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:

``SEC. 463. INNOVATION LAB.

    ``(a) Establishment.--
            ``(1) In general.--There is established within the 
        Department a program to be known as the `Homeland Security 
        Investigations Innovation Lab' (referred to in this section as 
        the `Innovation Lab').
            ``(2) Assistant director.--The Innovation Lab shall be 
        headed by an Assistant Director, who shall be appointed by the 
        Executive Associate Director of United States Immigration and 
        Customs Enforcement, Homeland Security Investigations.
    ``(b) Purpose.--The purpose of the Innovation Lab shall be to 
improve investigative efficiency and mission-critical outcomes by 
enhancing and streamlining data processing, agility, assessment, 
visualization, and analysis of homeland security data, using innovative 
and emerging technologies and best practices for design principles. 
Innovation Lab efforts shall be informed by designated field agents and 
analysts with relevant experience.
    ``(c) Co-Location.--The Secretary shall, if practicable, co-locate 
Innovation Lab personnel and office space with other existing assets 
of--
            ``(1) the Department, where possible; or
            ``(2) Federal facilities, where appropriate.
    ``(d) Composition.--The Innovation Lab shall be comprised of 
personnel from the following:
            ``(1) Homeland Security Investigations of U.S. Immigration 
        and Customs Enforcement.
            ``(2) Other appropriate agencies as determined by the 
        Secretary.
            ``(3) The private sector (through advisory partnerships), 
        including developers with specializations in innovative and 
        emerging technology, backend architecture, or user interface 
        design.
            ``(4) Academic institutions (through advisory 
        partnerships), including members from the Department of 
        Homeland Security Centers of Excellence.
    ``(e) Prioritization.--The Innovation Lab shall prioritize new 
projects based on communicated investigative challenges experienced by 
each Homeland Security Investigations field office. Such communication 
may be incorporated in existing annual threat analyses conducted by 
Homeland Security Investigations.
    ``(f) Nonapplicability of FACA.--The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the Innovation Lab.
    ``(g) Authorization of Appropriations.--There is authorized to be 
appropriated $24,700,000 for fiscal year 2022 and $27,700,000 for 
fiscal year 2023 to carry out this section.''.
    (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 462 the following new item:

``Sec. 463. Innovation lab.''.

SEC. 1134. REIMBURSEMENT OF STATES.

    The head of each appropriate agency may reimburse a State for costs 
incurred in providing assistance in the construction of the border 
barrier system or the deployment technology under this Act.

                         Subtitle B--Personnel

SEC. 1141. ADDITIONAL U.S. CUSTOMS AND BORDER PROTECTION PERSONNEL.

    (a) Border Patrol Agents.--Not later than September 30, 2025, the 
Commissioner shall hire, train, and assign agents to maintain an active 
duty presence of--
            (1) not fewer than 22,478 full-time equivalent CBP agents; 
        and
            (2) not fewer than 1,200 CBP processing coordinators.
    (b) CBP Officers.--In addition to positions authorized before the 
date of the enactment of this section and any existing officer 
vacancies within CBP as of such date, the Commissioner shall, not later 
than September 30, 2025, hire, train, and assign to duty sufficient CBP 
officers to maintain an active duty presence of--
            (1) not fewer than 27,725 full-time equivalent officers; 
        and
            (2) the required associated full-time support staff 
        distributed among all United States ports of entry.
    (c) Air and Marine Operations.--Not later than September 30, 2025, 
the Commissioner shall hire, train, and assign agents for Air and 
Marine Operations of CBP to maintain not fewer than 1,675 full-time 
equivalent agents.
    (d) CBP K-9 Units and Handlers.--
            (1) K-9 units.--Not later than September 30, 2025, the 
        Commissioner shall deploy not fewer than 200 new K-9 units, 
        with supporting officers of CBP and other required staff, at 
        land ports of entry and checkpoints, along the northern and 
        southern borders of the United States.
            (2) Use of canines.--The Commissioner shall prioritize the 
        use of K-9 units at the primary inspection lanes at land ports 
        of entry and checkpoints.
    (e) CBP Tunnel Detection and Remediation.--Not later than September 
30, 2025, the Commissioner shall increase by not fewer than 50 the 
number of CBP officers assisting task forces and activities related 
to--
            (1) the deployment and operation of border tunnel detection 
        technology;
            (2) the apprehension of individuals using such tunnels 
        for--
                    (A) unlawfully entering the United States;
                    (B) drug trafficking; or
                    (C) human smuggling; and
            (3) the remediation of such illicit tunnels.
    (f) Agricultural Specialists.--In addition to the officers and 
agents authorized under subsections (a) through (e), by September 30, 
2025, the Commissioner shall carry out section 4 of the Protecting 
America's Food and Agriculture Act of 2019 (Public Law 116-122; 6 
U.S.C. 211 note).
    (g) U.S. Customs and Border Protection Office of Intelligence.--Not 
later than September 30, 2025, the Commissioner shall hire, train, and 
assign sufficient Office of Intelligence personnel to maintain not 
fewer than 500 full-time equivalent employees.
    (h) GAO Report.--If the staffing levels required under this section 
are not achieved by September 30, 2025, the Comptroller General of the 
United States shall conduct a review of the reasons why such levels 
were not achieved.

SEC. 1142. U.S. CUSTOMS AND BORDER PROTECTION RETENTION INCENTIVES.

    (a) In General.--Chapter 97 of title 5, United States Code, is 
amended by adding at the end the following:
``Sec. 9702. U.S. Customs and Border Protection temporary employment 
              authorities
    ``(a) Definitions.--In this section--
            ``(1) the term `appropriate congressional committees' means 
        the Committee on Oversight and Government Reform, the Committee 
        on Homeland Security, and the Committee on Ways and Means of 
        the House of Representatives and the Committee on Homeland 
        Security and Governmental Affairs and the Committee on Finance 
        of the Senate;
            ``(2) the term `CBP employee' means an employee of U.S. 
        Customs and Border Protection described under any of 
        subsections (a) through (h) of section 1134 of the Border 
        Security for America Act;
            ``(3) the term `Commissioner' means the Commissioner of 
        U.S. Customs and Border Protection;
            ``(4) the term `Director' means the Director of the Office 
        of Personnel Management; and
            ``(5) the term `Secretary' means the Secretary of Homeland 
        Security.
    ``(b) Direct Hire Authority; Recruitment and Relocation Bonuses; 
Retention Bonuses.--
            ``(1) Statement of purpose and limitation.--The purpose of 
        this subsection is to allow U.S. Customs and Border Protection 
        to expeditiously meet the hiring goals and staffing levels 
        required by section 1134 of the Border Security for America 
        Act. The Secretary shall not use this authority beyond meeting 
        the requirements of such section.
            ``(2) Direct hire authority.--The Secretary may appoint, 
        without regard to any provision of sections 3309 through 3319, 
        candidates to positions in the competitive service as CBP 
        employees if the Secretary has given public notice for the 
        positions.
            ``(3) Recruitment and relocation bonuses.--The Secretary 
        may pay a recruitment or relocation bonus of up to 50 percent 
        of the annual rate of basic pay to an individual CBP employee 
        at the beginning of the service period multiplied by the number 
        of years (including a fractional part of a year) in the 
        required service period to an individual (other than an 
        individual described in subsection (a)(2) of section 5753) if--
                    ``(A) the Secretary determines that conditions 
                consistent with the conditions described in paragraphs 
                (1) and (2) of subsection (b) of such section 5753 are 
                satisfied with respect to the individual (without 
                regard to the regulations referenced in subsection 
                (b)(2)(B)(ii)(I) of such section or to any other 
                provision of that section); and
                    ``(B) the individual enters into a written service 
                agreement with the Secretary--
                            ``(i) under which the individual is 
                        required to complete a period of employment as 
                        a CBP employee of not less than 2 years; and
                            ``(ii) that includes--
                                    ``(I) the commencement and 
                                termination dates of the required 
                                service period (or provisions for the 
                                determination thereof);
                                    ``(II) the amount of the bonus; and
                                    ``(III) other terms and conditions 
                                under which the bonus is payable, 
                                subject to the requirements of this 
                                subsection, including--
                                            ``(aa) the conditions under 
                                        which the agreement may be 
                                        terminated before the agreed-
                                        upon service period has been 
                                        completed; and
                                            ``(bb) the effect of a 
                                        termination described in item 
                                        (aa).
            ``(4) Retention bonuses.--The Secretary may pay a retention 
        bonus of up to 50 percent of basic pay to an individual CBP 
        employee (other than an individual described in subsection 
        (a)(2) of section 5754) if--
                    ``(A) the Secretary determines that--
                            ``(i) a condition consistent with the 
                        condition described in subsection (b)(1) of 
                        such section 5754 is satisfied with respect to 
                        the CBP employee (without regard to any other 
                        provision of that section); and
                            ``(ii) in the absence of a retention bonus, 
                        the CBP employee would be likely to leave--
                                    ``(I) the Federal service; or
                                    ``(II) for a different position in 
                                the Federal service, including a 
                                position in another agency or component 
                                of the Department of Homeland Security; 
                                and
                    ``(B) the individual enters into a written service 
                agreement with the Secretary--
                            ``(i) under which the individual is 
                        required to complete a period of employment as 
                        a CBP employee of not less than 2 years; and
                            ``(ii) that includes--
                                    ``(I) the commencement and 
                                termination dates of the required 
                                service period (or provisions for the 
                                determination thereof);
                                    ``(II) the amount of the bonus; and
                                    ``(III) other terms and conditions 
                                under which the bonus is payable, 
                                subject to the requirements of this 
                                subsection, including--
                                            ``(aa) the conditions under 
                                        which the agreement may be 
                                        terminated before the agreed-
                                        upon service period has been 
                                        completed; and
                                            ``(bb) the effect of a 
                                        termination described in item 
                                        (aa).
            ``(5) Rules for bonuses.--
                    ``(A) Maximum bonus.--A bonus paid to an employee 
                under--
                            ``(i) paragraph (3) may not exceed 100 
                        percent of the annual rate of basic pay of the 
                        employee as of the commencement date of the 
                        applicable service period; and
                            ``(ii) paragraph (4) may not exceed 50 
                        percent of the annual rate of basic pay of the 
                        employee.
                    ``(B) Relationship to basic pay.--A bonus paid to 
                an employee under paragraph (3) or (4) shall not be 
                considered part of the basic pay of the employee for 
                any purpose, including for retirement or in computing a 
                lump-sum payment to the covered employee for 
                accumulated and accrued annual leave under section 5551 
                or section 5552.
                    ``(C) Period of service for recruitment, 
                relocation, and retention bonuses.--
                            ``(i) A bonus paid to an employee under 
                        paragraph (4) may not be based on any period of 
                        such service which is the basis for a 
                        recruitment or relocation bonus under paragraph 
                        (3).
                            ``(ii) A bonus paid to an employee under 
                        paragraph (3) or (4) may not be based on any 
                        period of service which is the basis for a 
                        recruitment or relocation bonus under section 
                        5753 or a retention bonus under section 5754.
    ``(c) Special Rates of Pay.--In addition to the circumstances 
described in subsection (b) of section 5305, the Director may establish 
special rates of pay in accordance with that section to assist the 
Secretary in meeting the requirements of section 1134 of the Border 
Security for America Act. The Director shall prioritize the 
consideration of requests from the Secretary for such special rates of 
pay and issue a decision as soon as practicable. The Secretary shall 
provide such information to the Director as the Director deems 
necessary to evaluate special rates of pay under this subsection.
    ``(d) OPM Oversight.--
            ``(1) Not later than September 30 of each year, the 
        Secretary shall provide a report to the Director on U.S. Custom 
        and Border Protection's use of authorities provided under 
        subsections (b) and (c). In each report, the Secretary shall 
        provide such information as the Director determines is 
        appropriate to ensure appropriate use of authorities under such 
        subsections. Each report shall also include an assessment of--
                    ``(A) the impact of the use of authorities under 
                subsections (b) and (c) on implementation of section 
                1134 of the Border Security for America Act;
                    ``(B) solving hiring and retention challenges at 
                the agency, including at specific locations;
                    ``(C) whether hiring and retention challenges still 
                exist at the agency or specific locations; and
                    ``(D) whether the Secretary needs to continue to 
                use authorities provided under this section at the 
                agency or at specific locations.
            ``(2) Consideration.--In compiling a report under paragraph 
        (1), the Secretary shall consider--
                    ``(A) whether any CBP employee accepted an 
                employment incentive under subsection (b) and (c) and 
                then transferred to a new location or left U.S. Customs 
                and Border Protection; and
                    ``(B) the length of time that each employee 
                identified under subparagraph (A) stayed at the 
                original location before transferring to a new location 
                or leaving U.S. Customs and Border Protection.
            ``(3) Distribution.--In addition to the Director, the 
        Secretary shall submit each report required under this 
        subsection to the appropriate congressional committees.
    ``(e) OPM Action.--If the Director determines the Secretary has 
inappropriately used authorities under subsection (b) or a special rate 
of pay provided under subsection (c), the Director shall notify the 
Secretary and the appropriate congressional committees in writing. Upon 
receipt of the notification, the Secretary may not make any new 
appointments or issue any new bonuses under subsection (b), nor provide 
CBP employees with further special rates of pay, until the Director has 
provided the Secretary and the appropriate congressional committees a 
written notice stating the Director is satisfied safeguards are in 
place to prevent further inappropriate use.
    ``(f) Improving CBP Hiring and Retention.--
            ``(1) Education of cbp hiring officials.--Not later than 
        180 days after the date of the enactment of this section, and 
        in conjunction with the Chief Human Capital Officer of the 
        Department of Homeland Security, the Secretary shall develop 
        and implement a strategy to improve the education regarding 
        hiring and human resources flexibilities (including hiring and 
        human resources flexibilities for locations in rural or remote 
        areas) for all employees, serving in agency headquarters or 
        field offices, who are involved in the recruitment, hiring, 
        assessment, or selection of candidates for locations in a rural 
        or remote area, as well as the retention of current employees.
            ``(2) Elements.--Elements of the strategy under paragraph 
        (1) shall include the following:
                    ``(A) Developing or updating training and 
                educational materials on hiring and human resources 
                flexibilities for employees who are involved in the 
                recruitment, hiring, assessment, or selection of 
                candidates, as well as the retention of current 
                employees.
                    ``(B) Regular training sessions for personnel who 
                are critical to filling open positions in rural or 
                remote areas.
                    ``(C) The development of pilot programs or other 
                programs, as appropriate, consistent with authorities 
                provided to the Secretary to address identified hiring 
                challenges, including in rural or remote areas.
                    ``(D) Developing and enhancing strategic recruiting 
                efforts through the relationships with institutions of 
                higher education, as defined in section 102 of the 
                Higher Education Act of 1965 (20 U.S.C. 1002), veterans 
                transition and employment centers, and job placement 
                program in regions that could assist in filling 
                positions in rural or remote areas.
                    ``(E) Examination of existing agency programs on 
                how to most effectively aid spouses and families of 
                individuals who are candidates or new hires in a rural 
                or remote area.
                    ``(F) Feedback from individuals who are candidates 
                or new hires at locations in a rural or remote area, 
                including feedback on the quality of life in rural or 
                remote areas for new hires and their families.
                    ``(G) Feedback from CBP employees, other than new 
                hires, who are stationed at locations in a rural or 
                remote area, including feedback on the quality of life 
                in rural or remote areas for those CBP employees and 
                their families.
                    ``(H) Evaluation of Department of Homeland Security 
                internship programs and the usefulness of those 
                programs in improving hiring by the Secretary in rural 
                or remote areas.
            ``(3) Evaluation.--
                    ``(A) In general.--Each year, the Secretary shall--
                            ``(i) evaluate the extent to which the 
                        strategy developed and implemented under 
                        paragraph (1) has improved the hiring and 
                        retention ability of the Secretary; and
                            ``(ii) make any appropriate updates to the 
                        strategy under paragraph (1).
                    ``(B) Information.--The evaluation conducted under 
                subparagraph (A) shall include--
                            ``(i) any reduction in the time taken by 
                        the Secretary to fill mission-critical 
                        positions, including in rural or remote areas;
                            ``(ii) a general assessment of the impact 
                        of the strategy implemented under paragraph (1) 
                        on hiring challenges, including in rural or 
                        remote areas; and
                            ``(iii) other information the Secretary 
                        determines relevant.
    ``(g) Inspector General Review.--Not later than two years after the 
date of the enactment of this section, the Inspector General of the 
Department of Homeland Security shall review the use of hiring and pay 
flexibilities under subsections (b) and (c) to determine whether the 
use of such flexibilities is helping the Secretary meet hiring and 
retention needs, including in rural and remote areas.
    ``(h) Exercise of Authority.--
            ``(1) Sole discretion.--The exercise of authority under 
        subsection (b) shall be subject to the sole and exclusive 
        discretion of the Secretary (or the Commissioner, as applicable 
        under paragraph (2) of this subsection), notwithstanding 
        chapter 71 and any collective bargaining agreement.
            ``(2) Delegation.--The Secretary may delegate any authority 
        under this section to the Commissioner.
    ``(i) Rule of Construction.--Nothing in this section shall be 
construed to exempt the Secretary or the Director from applicability of 
the merit system principles under section 2301.
    ``(j) Sunset.--The authorities under subsections (b) and (c) shall 
terminate on September 30, 2026. Any bonus to be paid pursuant to 
subsection (b) that is approved before such date may continue until 
such bonus has been paid, subject to the conditions specified in this 
section.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 97 of title 5, United States Code, is amended by adding at the 
end the following:

``9702. U.S. Customs and Border Protection temporary employment 
                            authorities.''.

SEC. 1143. ANTI-BORDER CORRUPTION ACT REAUTHORIZATION.

    (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 inserting the following new subsections:
    ``(b) Waiver Authority.--The Commissioner of U.S. Customs and 
Border Protection may waive the application of subsection (a)(1)--
            ``(1) to a current, full-time law enforcement officer 
        employed by a State or local law enforcement agency who--
                    ``(A) has continuously served as a law enforcement 
                officer for not fewer than three years;
                    ``(B) is authorized by law to engage in or 
                supervise the prevention, detection, investigation, or 
                prosecution of, or the incarceration of any person for, 
                any violation of law, and has statutory powers for 
                arrest or apprehension;
                    ``(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 officer position; and
                    ``(D) has, within the past ten years, successfully 
                completed a polygraph examination as a condition of 
                employment with such officer's current law enforcement 
                agency;
            ``(2) to a current, full-time Federal law enforcement 
        officer who--
                    ``(A) has continuously served as a law enforcement 
                officer for not fewer than three years;
                    ``(B) is authorized to make arrests, conduct 
                investigations, conduct searches, make seizures, carry 
                firearms, and serve orders, warrants, 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 from a law 
                enforcement officer position under investigation or in 
                lieu of termination, and has not been dismissed from a 
                law enforcement officer position; and
                    ``(D) holds a current Tier 4 background 
                investigation or current Tier 5 background 
                investigation; and
            ``(3) to a member of the Armed Forces (or a reserve 
        component thereof) or a veteran, if such individual--
                    ``(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/Sensitive 
                Compartmented Information clearance;
                    ``(C) holds, or has undergone within the past five 
                years, a current Tier 4 background investigation or 
                current Tier 5 background investigation;
                    ``(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
                    ``(E) was not granted any waivers to obtain the 
                clearance referred to in subparagraph (B).
    ``(c) Termination of Waiver Authority.--The authority to issue a 
waiver under subsection (b) shall terminate on the date that is four 
years after the date of the enactment of the Border Security for 
America Act.''.
    (b) Supplemental Commissioner Authority and Definitions.--
            (1) Supplemental commissioner authority.--The Anti-Border 
        Corruption Act of 2010 is amended by adding at the end the 
        following new section:

``SEC. 5. SUPPLEMENTAL COMMISSIONER AUTHORITY.

    ``(a) Nonexemption.--An individual who receives a waiver under 
section 3(b) is not exempt from other hiring requirements relating to 
suitability for employment and eligibility to hold a national security 
designated position, as determined by the Commissioner of U.S. Customs 
and Border Protection.
    ``(b) Background Investigations.--Any individual who receives a 
waiver under section 3(b) who holds a current Tier 4 background 
investigation shall be subject to a Tier 5 background investigation.
    ``(c) Administration of Polygraph Examination.--The Commissioner of 
U.S. Customs and Border Protection is authorized to administer a 
polygraph examination to an applicant or employee who is eligible for 
or receives a waiver under section 3(b) if information is discovered 
before the completion of a background investigation that results in a 
determination that a polygraph examination is necessary to make a final 
determination regarding suitability for employment or continued 
employment, as the case may be.''.
            (2) Report.--The Anti-Border Corruption Act of 2010, as 
        amended by paragraph (1), is further amended by adding at the 
        end the following new section:

``SEC. 6. REPORTING.

    ``(a) Annual Report.--Not later than one year after the date of the 
enactment of this section and annually 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--
            ``(1) the number of waivers requested, granted, and denied 
        under such section 3(b);
            ``(2) the reasons for any denials of such waiver;
            ``(3) the percentage of applicants who were hired after 
        receiving a waiver;
            ``(4) the number of instances that a polygraph was 
        administered to an applicant who initially received a waiver 
        and the results of such polygraph;
            ``(5) an assessment of the current impact of the polygraph 
        waiver program on filling law enforcement positions at U.S. 
        Customs and Border Protection; and
            ``(6) additional authorities needed by U.S. Customs and 
        Border Protection to better utilize the polygraph waiver 
        program for its intended goals.
    ``(b) Additional Information.--The first report submitted under 
subsection (a) shall include--
            ``(1) an analysis of other methods of employment 
        suitability tests that detect deception and could be used in 
        conjunction with traditional background investigations to 
        evaluate potential employees for suitability; and
            ``(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 
        pursuant to section 3(b).''.
            (3) Definitions.--The Anti-Border Corruption Act of 2010, 
        as amended by paragraphs (1) and (2), is further amended by 
        adding at the end the following new section:

``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 offense 
                under the Manual for Court-Martial, as pursuant to Army 
                Regulation 635-200, chapter 14-12.
            ``(3) Tier 4; tier 5.--The terms `Tier 4' and `Tier 5' with 
        respect to background investigations have the meaning given 
        such terms under the 2012 Federal Investigative Standards.
            ``(4) Veteran.--The term `veteran' has the meaning given 
        such term in section 101(2) of title 38, United States Code.''.
    (c) Polygraph Examiners.--Not later than September 30, 2025, the 
Secretary shall increase to not fewer than 150 the number of trained 
full-time equivalent polygraph examiners for administering polygraphs 
under the Anti-Border Corruption Act of 2010, as amended by this 
section.

SEC. 1144. TRAINING FOR OFFICERS AND AGENTS OF U.S. CUSTOMS AND BORDER 
              PROTECTION.

    (a) In General.--Subsection (l) of section 411 of the Homeland 
Security Act of 2002 (6 U.S.C. 211) is amended to read as follows:
    ``(l) Training and Continuing Education.--
            ``(1) Mandatory training.--The Commissioner shall ensure 
        that every agent and officer of U.S. Customs and Border 
        Protection receives a minimum of 21 weeks of training that are 
        directly related to the mission of the U.S. Border Patrol, Air 
        and Marine, and the Office of Field Operations before the 
        initial assignment of such agents and officers.
            ``(2) FLETC.--The Commissioner shall work in consultation 
        with the Director of the Federal Law Enforcement Training 
        Centers to establish guidelines and curriculum for the training 
        of agents and officers of U.S. Customs and Border Protection 
        under subsection (a).
            ``(3) Continuing education.--The Commissioner shall 
        annually require all agents and officers of U.S. Customs and 
        Border Protection who are required to undergo training under 
        subsection (a) to participate in not fewer than eight hours of 
        continuing education annually to maintain and update 
        understanding of Federal legal rulings, court decisions, and 
        Department policies, procedures, and guidelines related to 
        relevant subject matters.
            ``(4) Leadership training.--Not later than one year after 
        the date of the enactment of this subsection, the Commissioner 
        shall develop and require training courses geared towards the 
        development of leadership skills for mid- and senior-level 
        career employees not later than one year after such employees 
        assume duties in supervisory roles.''.
    (b) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Commissioner shall submit to the Committee 
on Homeland Security and the Committee on Ways and Means of the House 
of Representatives and the Committee on Homeland Security and 
Governmental Affairs and the Committee on Finance of the Senate a 
report identifying the guidelines and curriculum established to carry 
out subsection (l) of section 411 of the Homeland Security Act of 2002, 
as amended by subsection (a) of this section.
    (c) Assessment.--Not later than four years after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit to the Committee on Homeland Security and the Committee on 
Ways and Means of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs and the Committee on Finance 
of the Senate a report that assesses the training and education, 
including continuing education, required under subsection (l) of 
section 411 of the Homeland Security Act of 2002, as amended by 
subsection (a) of this section.

SEC. 1145. ESTABLISHMENT OF WORKLOAD STAFFING MODELS 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 of CBP.--Subsection (c) of 
section 411 of the Homeland Security Act of 2002 (6 U.S.C. 211), is 
amended--
            (1) by redesignating paragraphs (18) and (19) as paragraphs 
        (20) and (21), respectively; and
            (2) by inserting after paragraph (17) the following new 
        paragraphs:
            ``(18) implement a staffing model that includes 
        consideration for essential frontline operator activities and 
        functions, variations in operating environments, present and 
        planned infrastructure, present and planned technology, and 
        required operations support levels for the U.S. Border Patrol, 
        Air and Marine Operations, and the Office of Field Operations, 
        to manage and assign personnel of such entities to ensure field 
        and support 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 controls to ensure timely and accurate scheduling and 
        reporting of actual completed work hours and activities;''.
    (c) Report.--
            (1) In general.--Not later than one year after the date of 
        the enactment of this section with respect 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 
        annually thereafter with respect to such paragraphs (18) and 
        (19), the Secretary shall submit to the appropriate 
        congressional committees a report that includes a status update 
        on--
                    (A) the implementation of such subsection (a) and 
                such paragraphs (18) and (19); and
                    (B) each relevant workload staffing model.
            (2) Data sources and methodology required.--Each report 
        required under paragraph (1) shall include information relating 
        to the data sources and methodology used to generate such 
        staffing models.
    (d) Inspector General Review.--Not later than 120 days after the 
Commissioner develops the workload staffing models pursuant to 
subsection (a), the Inspector General of the Department shall review 
such model and provide feedback to the Secretary and the appropriate 
congressional committees with respect to the degree to which such model 
is responsive to the recommendations of the Inspector General, 
including--
            (1) recommendations from the Inspector General's February 
        2019 audit; and
            (2) any further recommendations to improve such model.
    (e) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional 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.

                           Subtitle C--Grants

SEC. 1161. 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. 2009A. 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 enforcement agencies, through the State administrative 
agency, to enhance border security in accordance with this section.
    ``(b) Eligible Recipients.--To be eligible to receive a grant under 
this section, a law enforcement agency--
            ``(1) shall be located in--
                    ``(A) a State bordering Canada or Mexico; or
                    ``(B) a State or territory with a maritime border; 
                and
            ``(2) shall be involved in an active, ongoing, U.S. Customs 
        and Border Protection operation coordinated through a U.S. 
        Border Patrol sector office.
    ``(c) Permitted Uses.--The recipient of a grant under this section 
may use such grant for--
            ``(1) equipment, including maintenance and sustainment 
        costs;
            ``(2) personnel, including overtime and backfill, in 
        support of enhanced border law enforcement activities;
            ``(3) any activity permitted for Operation Stonegarden 
        under the most recent fiscal year Department of Homeland 
        Security's Homeland Security Grant Program Notice of Funding 
        Opportunity; and
            ``(4) any other appropriate activity, as determined by the 
        Administrator, in consultation with the Commissioner of U.S. 
        Customs and Border Protection.
    ``(d) Period of Performance.--The Secretary shall award grants 
under this section to grant recipients for a period of not less than 36 
months.
    ``(e) Report.--For each of fiscal years 2022 through 2026, 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 information 
on the expenditure of grants made under this section by each grant 
recipient.
    ``(f) Authorization of Appropriations.--There is authorized to be 
appropriated $110,000,000 for each of fiscal years 2022 through 2026 
for grants under this section.''.
    (b) Conforming Amendment.--Subsection (a) of section 2002 of the 
Homeland Security Act of 2002 (6 U.S.C. 603) is amended to read as 
follows:
    ``(a) Grants Authorized.--The Secretary, through the Administrator, 
may award grants under sections 2003, 2004, 2009, and 2009A to State, 
local, and Tribal governments, 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. 2009A. Operation Stonegarden.''.

               Subtitle D--Border Security Certification

SEC. 1181. BORDER SECURITY CERTIFICATION.

    (a) In General.--No person may receive a visa under section 4005 of 
division B of this Act or register for the Redemption Program under 
subtitle B of title IV of such division, until the date that the Sector 
Chief from each Border Patrol Sector on the Southern Border achieves 
and maintains a 90 percent or greater detection and apprehension rate 
of individuals attempting to illegally cross the border in that sector, 
and makes a certification to that effect. The governor of the State in 
which the sector is headquartered shall have 180 days to submit a 
report to the Border Security Certification Task Force assessing and 
reviewing this certification. The Border may not be considered 
certified as secure until all 9 Sector Chiefs and the Border Security 
Certification Task Force have certified these metrics have been met, 
and continue maintaining these metrics on annual basis thereafter.
    (b) Border Security Certification Task Force.--There is established 
a Border Security Certification Task Force, which shall consist of the 
following:
            (1) A representative appointed by each of the following:
                    (A) The Attorney General.
                    (B) The Secretary of State.
                    (C) The Secretary of Defense.
                    (D) The Director of the Central Intelligence 
                Agency.
            (2) A representative appointed by the Governor of each of 
        the following border States:
                    (A) Arizona.
                    (B) California.
                    (C) New Mexico.
                    (D) Texas.
            (3) A Member of Congress appointed by each of the 
        following:
                    (A) The chair of the Committee on Homeland Security 
                of the House of Representatives.
                    (B) The ranking member of the Committee on Homeland 
                Security of the House of Representatives.
                    (C) The chair of the Committee on the Judiciary of 
                the House of Representatives.
                    (D) The ranking member of the Committee on the 
                Judiciary of the House of Representatives.
                    (E) The chair of the Committee on Homeland Security 
                and Governmental Affairs of the Senate.
                    (F) The ranking member of the Committee on Homeland 
                Security and Governmental Affairs of the Senate.
                    (G) The chair of the Committee on the Judiciary of 
                the Senate.
                    (H) The ranking member of the Committee on the 
                Judiciary of the Senate.
            (4) A person who served as a senior official of the 
        Department of Homeland Security for any period from 2017 to 
        2020.
            (5) A person who served as a senior official of the 
        Department of Homeland Security for any period from 2009 to 
        2016.
            (6) The Chair and Co-chair of the Homeland Security 
        Advisory Council.
            (7) Two members from the National Border Security Advisory 
        Committee established in section 1119.
The Task Force shall take any action only by majority vote.

 TITLE II--EMERGENCY PORT OF ENTRY PERSONNEL AND INFRASTRUCTURE FUNDING

SEC. 2101. PORTS OF ENTRY INFRASTRUCTURE.

    (a) Additional Ports of Entry.--
            (1) Authority.--The Administrator of General Services may, 
        subject to section 3307 of title 40, United States Code, 
        construct new ports of entry along the northern border and 
        southern border at locations determined by the Secretary.
            (2) Consultation.--
                    (A) Requirement to consult.--The Secretary and the 
                Administrator of General Services shall consult with 
                the Secretary of State, the Secretary of the Interior, 
                the Secretary of Agriculture, the Secretary of 
                Transportation, and appropriate representatives of 
                State and local governments, and Indian tribes, and 
                property owners in the United States prior to 
                determining a location for any new port of entry 
                constructed pursuant to paragraph (1).
                    (B) Considerations.--The purpose of the 
                consultations required by subparagraph (A) shall be to 
                minimize any negative impacts of constructing a new 
                port of entry on the environment, culture, commerce, 
                and quality of life of the communities and residents 
                located near such new port.
    (b) Expansion and Modernization of High-Priority Southern Border 
Ports of Entry.--Not later than September 30, 2026, the Administrator 
of General Services, subject to section 3307 of title 40, United States 
Code, and in coordination with the Secretary, shall expand or modernize 
high-priority ports of entry on the southern border, as determined by 
the Secretary, for the purposes of reducing wait times and enhancing 
security.
    (c) Port of Entry Prioritization.--Prior to constructing any new 
ports of entry pursuant to subsection (a), the Administrator of General 
Services shall complete the expansion and modernization of ports of 
entry pursuant to subsection (b) to the extent practicable.
    (d) Notifications.--
            (1) Relating to new ports of entry.--Not later than 15 days 
        after determining the location of any new port of entry for 
        construction pursuant to subsection (a), the Secretary and the 
        Administrator of General Services shall jointly notify the 
        Members of Congress who represent the State or congressional 
        district in which such new port of entry will be located, as 
        well as the Committee on Homeland Security and Governmental 
        Affairs, the Committee on Finance, the Committee on Commerce, 
        Science, and Transportation, and the Committee on the Judiciary 
        of the Senate, and the Committee on Homeland Security, the 
        Committee on Ways and Means, the Committee on Transportation 
        and Infrastructure, and the Committee on the Judiciary of the 
        House of Representatives. Such notification shall include 
        information relating to the location of such new port of entry, 
        a description of the need for such new port of entry and 
        associated anticipated benefits, a description of the 
        consultations undertaken by the Secretary and the Administrator 
        pursuant to paragraph (2) of such subsection, any actions that 
        will be taken to minimize negative impacts of such new port of 
        entry, and the anticipated timeline for construction and 
        completion of such new port of entry.
            (2) Relating to expansion and modernization of ports of 
        entry.--Not later than 180 days after enactment of this Act, 
        the Secretary and the Administrator of General Services shall 
        jointly notify the Committee on Homeland Security and 
        Governmental Affairs, the Committee on Finance, the Committee 
        on Commerce, Science, and Transportation, and the Committee on 
        the Judiciary of the Senate, and the Committee on Homeland 
        Security, the Committee on Ways and Means, the Committee on 
        Transportation and Infrastructure, and the Committee on the 
        Judiciary of the House of Representatives of the ports of entry 
        on the southern border that are the subject of expansion or 
        modernization pursuant to subsection (b) and the Secretary's 
        and Administrator's plan for expanding or modernizing each such 
        port of entry.
    (e) Savings Provision.--Nothing in this section may be construed 
to--
            (1) create or negate any right of action for a State, local 
        government, or other person or entity affected by this section;
            (2) delay the transfer of the possession of property to the 
        United States or affect the validity of any property 
        acquisitions by purchase or eminent domain, or to otherwise 
        affect the eminent domain laws of the United States or of any 
        State; or
            (3) create any right or liability for any party.
    (f) Rule of Construction.--Nothing in this section may be construed 
as providing the Secretary new authority related to the construction, 
acquisition, or renovation of real property.

SEC. 2102. SENSE OF CONGRESS ON COOPERATION BETWEEN AGENCIES.

    (a) Finding.--Congress finds that personnel constraints exist at 
land ports of entry with regard to sanitary and phytosanitary 
inspections for exported goods.
    (b) Sense of Congress.--It is the sense of Congress that, in the 
best interest of cross-border trade and the agricultural community--
            (1) any lack of certified personnel for inspection purposes 
        at ports of entry should be addressed by seeking cooperation 
        between agencies and departments of the United States, whether 
        in the form of a memorandum of understanding or through a 
        certification process, whereby additional existing agents are 
        authorized for additional hours to facilitate and expedite the 
        flow of legitimate trade and commerce of perishable goods in a 
        manner consistent with rules of the Department of Agriculture; 
        and
            (2) cross designation should be available for personnel who 
        will assist more than one agency or department of the United 
        States at land ports of entry to facilitate and expedite the 
        flow of increased legitimate trade and commerce.

SEC. 2103. AUTHORIZATION OF APPROPRIATIONS.

    In addition to any amounts otherwise authorized to be appropriated 
for such purpose, there is authorized to be appropriated $4,000,000,000 
for each of fiscal years 2022 through 2026 to carry out this title.

                 TITLE III--VISA SECURITY AND INTEGRITY

SEC. 3101. VISA SECURITY.

    (a) Visa Security Units at High-Risk Posts.--Paragraph (1) of 
section 428(e) of the Homeland Security Act of 2002 (6 U.S.C. 236(e)) 
is amended--
            (1) by striking ``The Secretary'' and inserting the 
        following:
                    ``(A) Authorization.--Subject to the minimum number 
                specified in subparagraph (B), the Secretary''; and
            (2) by adding at the end the following new subparagraph:
                    ``(B) Risk-based assignments.--
                            ``(i) In general.--In carrying out 
                        subparagraph (A), the Secretary shall assign 
                        employees of the Department to not fewer than 
                        75 diplomatic and consular posts at which visas 
                        are issued. Such assignments shall be made--
                                    ``(I) in a risk-based manner;
                                    ``(II) considering the criteria 
                                described in clause (iii); and
                                    ``(III) in accordance with National 
                                Security Decision Directive 38 of June 
                                2, 1982, or any superseding 
                                presidential directive concerning 
                                staffing at diplomatic and consular 
                                posts.
                            ``(ii) Priority consideration.--In carrying 
                        out National Security Decision Directive 38 of 
                        June 2, 1982, the Secretary of State shall 
                        ensure priority consideration of any staffing 
                        assignment pursuant to this subparagraph.
                            ``(iii) Criteria described.--The criteria 
                        referred to in clause (i) are the following:
                                    ``(I) The number of nationals of a 
                                country in which any of the diplomatic 
                                and consular posts referred to in 
                                clause (i) are located who were 
                                identified in United States Government 
                                databases related to the identities of 
                                known or suspected terrorists during 
                                the previous year.
                                    ``(II) Information on the 
                                cooperation of such country with the 
                                counterterrorism efforts of the United 
                                States.
                                    ``(III) Information analyzing the 
                                presence, activity, or movement of 
                                terrorist organizations (as such term 
                                is defined in section 212(a)(3)(B)(vi) 
                                of the Immigration and Nationality Act 
                                (8 U.S.C. 1182(a)(3)(B)(vi))) within or 
                                through such country.
                                    ``(IV) The number of formal 
                                objections based on derogatory 
                                information issued by the Visa Security 
                                Advisory Opinion Unit pursuant to 
                                paragraph (10) regarding nationals of a 
                                country in which any of the diplomatic 
                                and consular posts referred to in 
                                clause (i) are located.
                                    ``(V) The adequacy of the border 
                                and immigration control of such 
                                country.
                                    ``(VI) Any other criteria the 
                                Secretary determines appropriate.''.
    (b) Counterterror Vetting and Screening.--Paragraph (2) of section 
428(e) of the Homeland Security Act of 2002 is amended--
            (1) by redesignating subparagraph (C) as subparagraph (D); 
        and
            (2) by inserting after subparagraph (B) the following new 
        subparagraph:
                    ``(C) Screen any such applications against the 
                appropriate criminal, national security, and terrorism 
                databases maintained by the Federal Government.''.
    (c) Training and Hiring.--Subparagraph (A) of section 428(e)(6) of 
the Homeland Security Act of 2002 is amended by--
            (1) striking ``The Secretary shall ensure, to the extent 
        possible, that any employees'' and inserting ``The Secretary, 
        acting through the Commissioner of U.S. Customs and Border 
        Protection and the Director of U.S. Immigration and Customs 
        Enforcement, shall provide training to any employees''; and
            (2) striking ``shall be provided the necessary training''.
    (d) Pre-Adjudicated Visa Security Assistance and Visa Security 
Advisory Opinion Unit.--Subsection (e) of section 428 of the Homeland 
Security Act of 2002 is amended by adding at the end the following new 
paragraphs:
            ``(9) Remote pre-adjudicated visa security assistance.--At 
        the visa-issuing posts at which employees of the Department are 
        not assigned pursuant to paragraph (1), the Secretary shall, in 
        a risk-based manner, assign employees of the Department to 
        remotely perform the functions required under paragraph (2) at 
        not fewer than 50 of such posts.
            ``(10) Visa security advisory opinion unit.--The Secretary 
        shall establish within U.S. Immigration and Customs Enforcement 
        a Visa Security Advisory Opinion Unit to respond to requests 
        from the Secretary of State to conduct a visa security review 
        using information maintained by the Department on visa 
        applicants, including terrorism association, criminal history, 
        counter-proliferation, and other relevant factors, as 
        determined by the Secretary.''.
    (e) Deadlines.--The requirements established under paragraphs (1) 
and (9) of section 428(e) of the Homeland Security Act of 2002 (6 
U.S.C. 236(e)), as amended and added by this section, shall be 
implemented not later than three years after the date of the enactment 
of this Act.
    (f) Funding.--
            (1) Additional visa fee.--
                    (A) In general.--The Secretary of State, in 
                consultation with the Secretary of Homeland Security, 
                shall charge a fee in support of visa security, to be 
                deposited in the U.S. Immigration and Customs 
                Enforcement account. Fees imposed pursuant to this 
                subsection shall be available only to the extent 
                provided in advance by appropriations Acts.
                    (B) Amount of fee.--The total amount of the 
                additional fee charged pursuant to this subsection 
                shall be equal to an amount sufficient to cover the 
                annual costs of the visa security program established 
                by the Secretary of Homeland Security under section 
                428(e) of the Homeland Security Act of 2002 (6 U.S.C. 
                236(e)), as amended by this section.
            (2) Use of fees.--Amounts deposited in the U.S. Immigration 
        and Customs Enforcement account pursuant to paragraph (1) are 
        authorized to be appropriated to the Secretary of Homeland 
        Security for the funding of the visa security program referred 
        to in such paragraph.

SEC. 3102. ELECTRONIC PASSPORT SCREENING AND BIOMETRIC MATCHING.

    (a) In General.--Subtitle B of title IV of the Homeland Security 
Act of 2002 (6 U.S.C. 231 et seq.), as amended by section 2106 of this 
division, is further amended by adding at the end the following new 
sections:

``SEC. 420A. ELECTRONIC PASSPORT SCREENING AND BIOMETRIC MATCHING.

    ``(a) In General.--Not later than one year after the date of the 
enactment of this section, the Commissioner of U.S. Customs and Border 
Protection shall--
            ``(1) screen electronic passports at airports of entry by 
        reading each such passport's embedded chip; and
            ``(2) to the greatest extent practicable, utilize facial 
        recognition technology or other biometric technology, as 
        determined by the Commissioner, to inspect travelers at United 
        States airports of entry.
    ``(b) Applicability.--
            ``(1) Electronic passport screening.--Paragraph (1) of 
        subsection (a) shall apply to passports belonging to 
        individuals who are United States citizens, individuals who are 
        nationals of a program country pursuant to section 217 of the 
        Immigration and Nationality Act (8 U.S.C. 1187), and 
        individuals who are nationals of any other foreign country that 
        issues electronic passports.
            ``(2) Facial recognition matching.--Paragraph (2) of 
        subsection (a) shall apply, at a minimum, to individuals who 
        are nationals of a program country pursuant to section 217 of 
        the Immigration and Nationality Act.
    ``(c) Annual Report.--The Commissioner of U.S. Customs and Border 
Protection, in collaboration with the Chief Privacy Officer of the 
Department, shall issue to the Committee on Homeland Security of the 
House of Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate an annual report through fiscal year 
2026 on the utilization of facial recognition technology and other 
biometric technology pursuant to subsection (a)(2). Each such report 
shall include information on the type of technology used at each 
airport of entry, the number of individuals who were subject to 
inspection using either of such technologies at each airport of entry, 
and within the group of individuals subject to such inspection at each 
airport, the number of those individuals who were United States 
citizens and legal permanent residents. Each such report shall provide 
information on the disposition of data collected during the year 
covered by such report, together with information on protocols for the 
management of collected biometric data, including timeframes and 
criteria for storing, erasing, destroying, or otherwise removing such 
data from databases utilized by the Department.

``SEC. 420B. CONTINUOUS SCREENING BY U.S. CUSTOMS AND BORDER 
              PROTECTION.

    ``The Commissioner of U.S. Customs and Border Protection shall, in 
a risk-based manner, continuously screen individuals issued any visa, 
and individuals who are nationals of a program country pursuant to 
section 217 of the Immigration and Nationality Act (8 U.S.C. 1187), who 
are present, or are expected to arrive within 30 days, in the United 
States, against the appropriate criminal, national security, and 
terrorism databases maintained by the Federal Government.''.
    (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 420 the following new items:

``Sec. 420A. Electronic passport screening and biometric matching.
``Sec. 420B. Continuous screening by U.S. Customs and Border 
                            Protection.''.

SEC. 3103. REPORTING OF VISA OVERSTAYS.

    Section 2 of Public Law 105-173 (8 U.S.C. 1376) is amended--
            (1) in subsection (a)--
                    (A) by striking ``Attorney General'' and inserting 
                ``Secretary of Homeland Security''; and
                    (B) by inserting before the period at the end the 
                following: ``, and any additional information that the 
                Secretary determines necessary for purposes of the 
                report under subsection (b)''; and
            (2) by amending subsection (b) to read as follows:
    ``(b) Annual Report.--Not later than September 30, 2023, and not 
later than September 30 of each year thereafter, the Secretary of 
Homeland Security shall submit to the Committee on Homeland Security 
and the Committee on the Judiciary of the House of Representatives and 
to the Committee on Homeland Security and Governmental Affairs and the 
Committee on the Judiciary of the Senate a report providing, for the 
preceding fiscal year, numerical estimates (including information on 
the methodology utilized to develop such numerical estimates) of--
            ``(1) for each country, the number of aliens from the 
        country who are described in subsection (a), including--
                    ``(A) the total number of such aliens within all 
                classes of nonimmigrant aliens described in section 
                101(a)(15) of the Immigration and Nationality Act (8 
                U.S.C. 1101(a)(15)); and
                    ``(B) the number of such aliens within each of the 
                classes of nonimmigrant aliens, as well as the number 
                of such aliens within each of the subclasses of such 
                classes of nonimmigrant aliens, as applicable;
            ``(2) for each country, the percentage of the total number 
        of aliens from the country who were present in the United 
        States and were admitted to the United States as nonimmigrants 
        who are described in subsection (a);
            ``(3) the number of aliens described in subsection (a) who 
        arrived by land at a port of entry into the United States;
            ``(4) the number of aliens described in subsection (a) who 
        entered the United States using a border crossing 
        identification card (as such term is defined in section 
        101(a)(6) of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(6))); and
            ``(5) the number of Canadian nationals who entered the 
        United States without a visa whose authorized period of stay in 
        the United States terminated during the previous fiscal year, 
        but who remained in the United States.''.

SEC. 3104. STUDENT AND EXCHANGE VISITOR INFORMATION SYSTEM 
              VERIFICATION.

    Not later than 90 days after the date of the enactment of this Act, 
the Secretary of Homeland Security shall ensure that the information 
collected under the program established under section 641 of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 
U.S.C. 1372) is available to officers of U.S. Customs and Border 
Protection for the purpose of conducting primary inspections of aliens 
seeking admission to the United States at each port of entry of the 
United States.

SEC. 3105. CANCELLATION OF ADDITIONAL VISAS.

    (a) In General.--Section 222(g) of the Immigration and Nationality 
Act (8 U.S.C. 1202(g)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``Attorney General'' and inserting 
                ``Secretary''; and
                    (B) by inserting ``and any other nonimmigrant visa 
                issued by the United States that is in the possession 
                of the alien'' after ``such visa''; and
            (2) in paragraph (2)(A), by striking ``(other than the visa 
        described in paragraph (1)) issued in a consular office located 
        in the country of the alien's nationality'' and inserting 
        ``(other than a visa described in paragraph (1)) issued in a 
        consular office located in the country of the alien's 
        nationality or foreign residence''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
a visa issued before, on, or after such date.

SEC. 3106. VISA INFORMATION SHARING.

    (a) In General.--Section 222(f) of the Immigration and Nationality 
Act (8 U.S.C. 1202(f)(2)) is amended--
            (1) by striking ``issuance or refusal'' and inserting 
        ``issuance, refusal, or revocation'';
            (2) in paragraph (2), in the matter preceding subparagraph 
        (A), by striking ``and on the basis of reciprocity'' and all 
        that follows and inserting the following ``may provide to a 
        foreign government information in a Department of State 
        computerized visa database and, when necessary and appropriate, 
        other records covered by this section related to information in 
        such database--'';
            (3) in paragraph (2)(A)--
                    (A) by inserting at the beginning ``on the basis of 
                reciprocity,'';
                    (B) by inserting ``(i)'' after ``for the purpose 
                of''; and
                    (C) by striking ``illicit weapons; or'' and 
                inserting ``illicit weapons, or (ii) determining a 
                person's deportability or eligibility for a visa, 
                admission, or other immigration benefit;'';
            (4) in paragraph (2)(B)--
                    (A) by inserting at the beginning ``on the basis of 
                reciprocity,'';
                    (B) by striking ``in the database'' and inserting 
                ``such database'';
                    (C) by striking ``for the purposes'' and inserting 
                ``for one of the purposes''; and
                    (D) by striking ``or to deny visas to persons who 
                would be inadmissible to the United States.'' and 
                inserting ``; or''; and
            (5) in paragraph (2), by adding at the end the following:
                    ``(C) with regard to any or all aliens in the 
                database specified data elements from each record, if 
                the Secretary of State determines that it is in the 
                national interest to provide such information to a 
                foreign government.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect 60 days after the date of the enactment of this Act.

SEC. 3107. FRAUD PREVENTION.

    (a) Prospective Analytics Technology.--
            (1) Plan for implementation.--Not later than 180 days after 
        the date of the enactment of this Act, the Secretary of 
        Homeland Security shall submit to the Committee on the 
        Judiciary of the House of Representatives and the Committee on 
        the Judiciary of the Senate a plan for the use of advanced 
        analytics software to ensure the proactive detection of fraud 
        in immigration benefits applications and petitions and to 
        ensure that any such applicant or petitioner does not pose a 
        threat to national security.
            (2) Implementation of plan.--Not later than 1 year after 
        the date of the submission of the plan under paragraph (1), the 
        Secretary of Homeland Security shall begin implementation of 
        the plan.
    (b) Benefits Fraud Assessment.--
            (1) In general.--The Secretary of Homeland Security, acting 
        through the Fraud Detection and Nationality Security 
        Directorate, shall complete a benefit fraud assessment by 
        fiscal year 2023 on each of the following:
                    (A) Petitions by VAWA self-petitioners (as such 
                term is defined in section 101(a)(51) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1101(a)(51))).
                    (B) Applications or petitions for visas or status 
                under section 101(a)(15)(K) of such Act or under 
                section 201(b)(2) of such Act, in the case of spouses 
                (8 U.S.C. 1101(a)(15)(K)).
                    (C) Applications for visas or status under section 
                101(a)(27)(J) of such Act (8 U.S.C. 1101(a)(27)(J)).
                    (D) Applications for visas or status under section 
                101(a)(15)(U) of such Act (8 U.S.C. 1101(a)(15)(U)).
                    (E) Petitions for visas or status under section 
                101(a)(27)(C) of such Act (8 U.S.C. 1101(a)(27)(C)).
                    (F) Applications for asylum under section 208 of 
                such Act (8 U.S.C. 1158).
                    (G) Applications for adjustment of status under 
                section 209 of such Act (8 U.S.C. 1159).
                    (H) Petitions for visas or status under section 
                201(b) of such Act (8 U.S.C. 1151(b)).
            (2) Reporting on findings.--Not later than 30 days after 
        the completion of each benefit fraud assessment under paragraph 
        (1), the Secretary shall submit to the Committee on the 
        Judiciary of the House of Representatives and the Committee on 
        the Judiciary of the Senate such assessment and recommendations 
        on how to reduce the occurrence of instances of fraud 
        identified by the assessment.

SEC. 3108. VISA INELIGIBILITY FOR SPOUSES AND CHILDREN OF DRUG 
              TRAFFICKERS.

    Section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C. 
1182(a)(2)) is amended--
            (1) in subparagraph (C)(ii), by striking ``is the spouse, 
        son, or daughter'' and inserting ``is or has been the spouse, 
        son, or daughter''; and
            (2) in subparagraph (H)(ii), by striking ``is the spouse, 
        son, or daughter'' and inserting ``is or has been the spouse, 
        son, or daughter''.

SEC. 3109. DNA TESTING.

    Section 222(b) of the Immigration and Nationality Act (8 U.S.C. 
1202(b)) is amended by inserting ``Where considered necessary, by the 
consular officer or immigration official, to establish family 
relationships, the immigrant shall provide DNA evidence of such a 
relationship in accordance with procedures established for submitting 
such evidence. The Secretary and the Secretary of State may, in 
consultation, issue regulations to require DNA evidence to establish 
family relationship, from applicants for certain visa 
classifications.'' after ``and a certified copy of all other records or 
documents concerning him or his case which may be required by the 
consular officer.''.

SEC. 3110. DNA COLLECTION CONSISTENT WITH FEDERAL LAW.

    Not later than 14 days after the date of the enactment of this 
section, 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 the DNA Fingerprint Act of 2005 (Public Law 109-
162; 119 Stat. 3084) at all border facilities that process adults, 
including as part of a family unit, in the custody of CBP at the 
border.

     TITLE IV--TRANSNATIONAL CRIMINAL ORGANIZATION ILLICIT SPOTTER 
                       PREVENTION AND ELIMINATION

SEC. 4101. SHORT TITLE.

    This title may be cited as the ``Transnational Criminal 
Organization Illicit Spotter Prevention and Elimination Act''.

SEC. 4102. ILLICIT SPOTTING.

    Section 1510 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(f) Any person who knowingly transmits, by any means, to another 
person the location, movement, or activities of any officer or agent of 
a Federal, State, local, or tribal law enforcement agency with the 
intent to further a criminal offense under the immigration laws (as 
such term is defined in section 101 of the Immigration and Nationality 
Act), the Controlled Substances Act, or the Controlled Substances 
Import and Export Act, or that relates to agriculture or monetary 
instruments shall be fined under this title or imprisoned not more than 
10 years, or both.''.

SEC. 4103. UNLAWFULLY HINDERING IMMIGRATION, BORDER, AND CUSTOMS 
              CONTROLS.

    (a) Bringing in and Harboring of Certain Aliens.--Section 274(a) of 
the Immigration and Nationality Act (8 U.S.C. 1324(a)) is amended--
            (1) in paragraph (2), by striking ``brings to or attempts 
        to'' and inserting the following: ``brings to or knowingly 
        attempts or conspires to''; and
            (2) by adding at the end the following:
            ``(5) In the case of a person who has brought aliens into 
        the United States in violation of this subsection, the sentence 
        otherwise provided for may be increased by up to 10 years if 
        that person, at the time of the offense, used or carried a 
        firearm or who, in furtherance of any such crime, possessed a 
        firearm.''.
    (b) Aiding or Assisting Certain Aliens To Enter the United 
States.--Section 277 of the Immigration and Nationality Act (8 U.S.C. 
1327) is amended--
            (1) by inserting after ``knowingly aids or assists'' the 
        following: ``or attempts to aid or assist''; and
            (2) by adding at the end the following: ``In the case of a 
        person convicted of an offense under this section, the sentence 
        otherwise provided for may be increased by up to 10 years if 
        that person, at the time of the offense, used or carried a 
        firearm or who, in furtherance of any such crime, possessed a 
        firearm.''.
    (c) Destruction of United States Border Controls.--Section 1361 of 
title 18, United States Code, is amended--
            (1) by striking ``If the damage'' and inserting the 
        following:
            ``(1) Except as otherwise provided in this section, if the 
        damage''; and
            (2) by adding at the end the following:
            ``(2) If the injury or depredation was made or attempted 
        against any fence, barrier, sensor, camera, or other physical 
        or electronic device deployed by the Federal Government to 
        control the border or a port of entry or otherwise was intended 
        to construct, excavate, or make any structure intended to 
        defeat, circumvent, or evade any such fence, barrier, sensor 
        camera, or other physical or electronic device deployed by the 
        Federal Government to control the border or a port of entry, by 
        a fine under this title or imprisonment for not more than 15 
        years, or both.
            ``(3) If the injury or depredation was described under 
        paragraph (2) and, in the commission of the offense, the 
        offender used or carried a firearm or, in furtherance of any 
        such offense, possessed a firearm, by a fine under this title 
        or imprisonment for not more than 20 years, or both.''.

SEC. 4104. REPORT ON SMUGGLING.

    The Secretary of Homeland Security, in coordination with the heads 
of appropriate Federal agencies, shall develop a regularly updated 
intelligence driven analysis that includes--
            (1) migrant perceptions of United States law and policy at 
        the border, including human smuggling organization messaging 
        and propaganda;
            (2) tactics, techniques, and procedures used by human 
        smuggling organizations to exploit border security 
        vulnerabilities to facilitate such smuggling activities across 
        the border;
            (3) the methods and use of technology to organize and 
        encourage irregular migration and undermine border security; 
        and
            (4) any other information the Secretary determines 
        appropriate.

                    TITLE V--BORDER SECURITY FUNDING

SEC. 5101. BORDER SECURITY FUNDING.

    (a) Funding.--In addition to amounts otherwise made available by 
this Act or any other provision of law, there is hereby appropriated to 
the ``U.S. Customs and Border Protection--Procurement, Construction, 
and Improvements'' account, out of any amounts in the Treasury not 
otherwise appropriated, $25,000,000,000, to be available for--
            (1) a full border infrastructure system, including enhanced 
        physical barriers and associated detection technology, roads, 
        and lighting; and
            (2) infrastructure, assets, operations, and the most up-to-
        date technology to enhance border security along the United 
        States, including--
                    (A) border security technology, including 
                surveillance technology, at and between ports of entry;
                    (B) new roads and improvements to existing roads;
                    (C) U.S. Border Patrol facilities and ports of 
                entry;
                    (D) aircraft, aircraft-based sensors and associated 
                technology, vessels, spare parts, and equipment to 
                maintain such assets;
                    (E) a biometric entry and exit system; and
                    (F) family residential centers.
    (b) Availability of Border Barrier System Funds.--
            (1) In general.--Of the amount appropriated in subsection 
        (a)(1)--
                    (A) $3,041,000,000 shall become available October 
                1, 2022;
                    (B) $2,608,000,000 shall become available October 
                1, 2023;
                    (C) $1,715,000,000 shall become available October 
                1, 2024;
                    (D) $2,140,000,000 shall become available October 
                1, 2025;
                    (E) $1,735,000,000 shall become available October 
                1, 2026;
                    (F) $1,746,000,000 shall become available October 
                1, 2027;
                    (G) $1,776,000,000 shall become available October 
                1, 2028;
                    (H) $1,746,000,000 shall become available October 
                1, 2029; and
                    (I) $1,718,000,000 shall become available October 
                1, 2030.
    (c) Availability of Border Security Investment Funds.--
            (1) In general.--Of the amount appropriated in subsection 
        (a)(2)--
                    (A) $500,000,000 shall become available October 1, 
                2022;
                    (B) $1,850,000,000 shall become available October 
                1, 2023;
                    (C) $1,950,000,000 shall become available October 
                1, 2024;
                    (D) $1,925,000,000 shall become available October 
                1, 2025; and
                    (E) $550,000,000 shall become available October 1, 
                2026.
    (d) Multi-Year Spending Plan.--The Secretary of Homeland Security 
shall include in the budget justification materials submitted in 
support of the President's annual budget request for fiscal year 2023 
(as submitted under section 1105(a) of title 31, United States Code) a 
multi-year spending plan for the amounts made available under 
subsection (a).
    (e) Quarterly Briefing Requirement.--Beginning not later than 180 
days after the date of the enactment of this Act, and quarterly 
thereafter, the Commissioner of U.S. Customs and Border Protection 
shall brief the Committees on Appropriations of the Senate and the 
House of Representatives regarding activities under and progress made 
in carrying out this section.

SEC. 5102. EXCLUSION FROM PAYGO SCORECARDS.

    The budgetary effects of this Act shall not be entered on either 
PAYGO scorecard maintained pursuant to section 4(d) of the Statutory 
Pay-As-You-Go Act of 2010.

SEC. 5103. FUNDING MATTERS.

    (a) Immigration Infrastructure Fund.--
            (1) In general.--Subchapter A of chapter 98 of the Internal 
        Revenue Code of 1986 is amended by adding at the end the 
        following new section:

``SEC. 9512. IMMIGRATION INFRASTRUCTURE FUND.

    ``(a) Creation of Trust Fund.--There is hereby established in the 
Treasury of the United States a trust fund to be known as the 
Immigration Infrastructure Fund, consisting of such amounts as may be 
appropriated or credited to such Fund as provided in this section or 
section 9602(b).
    ``(b) Transfer to Trust Fund of Amounts Equivalent to Certain 
Taxes.--There are hereby appropriated to the Immigration Infrastructure 
Fund amounts equivalent to the taxes received in the Treasury under 
section 4004 of division B of the Dignity for Immigrants while Guarding 
our Nation to Ignite and Deliver the American Dream Act paid or 
incurred by taxpayers who are aliens and participants in the Dignity 
Program under title IV of division B of the Dignity for Immigrants 
while Guarding our Nation to Ignite and Deliver the American Dream Act.
    ``(c) Expenditures From Trust Fund.--Amounts in the Immigration 
Infrastructure Fund shall be available to carry out the Dignity for 
Immigrants while Guarding our Nation to Ignite and Deliver the American 
Dream Act and the amendments made by such Act.''.
            (2) Clerical amendment.--The table of sections for 
        subchapter A of chapter 98 of such Code is amended by adding at 
        the end the following new item:

``Sec. 9512. Immigration Infrastructure Fund.''.
            (3) Effective date.--The amendments made by this Act shall 
        apply to amounts received after the date of the enactment of 
        this Act.

                      TITLE VI--MANDATORY E-VERIFY

SEC. 6101. SHORT TITLE.

    This title may be cited as the ``Legal Workforce Act''.

SEC. 6102. EMPLOYMENT ELIGIBILITY VERIFICATION PROCESS.

    (a) In General.--Section 274A(b) of the Immigration and Nationality 
Act (8 U.S.C. 1324a(b)) is amended to read as follows:
    ``(b) Employment Eligibility Verification Process.--
            ``(1) New hires, recruitment, and referral.--The 
        requirements referred to in paragraphs (1)(B) and (3) of 
        subsection (a) are, in the case of a person or other entity 
        hiring, recruiting, or referring an individual for employment 
        in the United States, the following:
                    ``(A) Attestation after examination of 
                documentation.--
                            ``(i) Attestation.--During the verification 
                        period (as defined in subparagraph (E)), the 
                        person or entity shall attest, under penalty of 
                        perjury and on a form, including electronic and 
                        telephonic formats, designated or established 
                        by the Secretary by regulation not later than 6 
                        months after the date of the enactment of the 
                        Legal Workforce Act, that it has verified that 
                        the individual is not an unauthorized alien 
                        by--
                                    ``(I) obtaining from the individual 
                                the individual's social security 
                                account number or United States 
                                passport number and recording the 
                                number on the form (if the individual 
                                claims to have been issued such a 
                                number), and, if the individual does 
                                not attest to United States nationality 
                                under subparagraph (B), obtaining such 
                                identification or authorization number 
                                established by the Department of 
                                Homeland Security for the alien as the 
                                Secretary of Homeland Security may 
                                specify, and recording such number on 
                                the form; and
                                    ``(II) examining--
                                            ``(aa) a document relating 
                                        to the individual presenting it 
                                        described in clause (ii); or
                                            ``(bb) a document relating 
                                        to the individual presenting it 
                                        described in clause (iii) and a 
                                        document relating to the 
                                        individual presenting it 
                                        described in clause (iv).
                            ``(ii) Documents evidencing employment 
                        authorization and establishing identity.--A 
                        document described in this subparagraph is an 
                        individual's--
                                    ``(I) unexpired United States 
                                passport or passport card;
                                    ``(II) unexpired permanent resident 
                                card that contains a photograph;
                                    ``(III) unexpired employment 
                                authorization card that contains a 
                                photograph;
                                    ``(IV) in the case of a 
                                nonimmigrant alien authorized to work 
                                for a specific employer incident to 
                                status, a foreign passport with Form I-
                                94 or Form I-94A, or other 
                                documentation as designated by the 
                                Secretary specifying the alien's 
                                nonimmigrant status as long as the 
                                period of status has not yet expired 
                                and the proposed employment is not in 
                                conflict with any restrictions or 
                                limitations identified in the 
                                documentation;
                                    ``(V) passport from the Federated 
                                States of Micronesia (FSM) or the 
                                Republic of the Marshall Islands (RMI) 
                                with Form I-94 or Form I-94A, or other 
                                documentation as designated by the 
                                Secretary, indicating nonimmigrant 
                                admission under the Compact of Free 
                                Association Between the United States 
                                and the FSM or RMI; or
                                    ``(VI) other document designated by 
                                the Secretary of Homeland Security, if 
                                the document--
                                            ``(aa) contains a 
                                        photograph of the individual 
                                        and biometric identification 
                                        data from the individual and 
                                        such other personal identifying 
                                        information relating to the 
                                        individual as the Secretary of 
                                        Homeland Security finds, by 
                                        regulation, sufficient for 
                                        purposes of this clause;
                                            ``(bb) is evidence of 
                                        authorization of employment in 
                                        the United States; and
                                            ``(cc) contains security 
                                        features to make it resistant 
                                        to tampering, counterfeiting, 
                                        and fraudulent use.
                            ``(iii) Documents evidencing employment 
                        authorization.--A document described in this 
                        subparagraph is an individual's social security 
                        account number card (other than such a card 
                        which specifies on the face that the issuance 
                        of the card does not authorize employment in 
                        the United States).
                            ``(iv) Documents establishing identity of 
                        individual.--A document described in this 
                        subparagraph is--
                                    ``(I) an individual's unexpired 
                                State issued driver's license or 
                                identification card if it contains a 
                                photograph and information such as 
                                name, date of birth, gender, height, 
                                eye color, and address;
                                    ``(II) an individual's unexpired 
                                U.S. military identification card;
                                    ``(III) an individual's unexpired 
                                Native American tribal identification 
                                document issued by a tribal entity 
                                recognized by the Bureau of Indian 
                                Affairs; or
                                    ``(IV) in the case of an individual 
                                under 18 years of age, a parent or 
                                legal guardian's attestation under 
                                penalty of law as to the identity and 
                                age of the individual.
                            ``(v) Authority to prohibit use of certain 
                        documents.--If the Secretary of Homeland 
                        Security finds, by regulation, that any 
                        document described in clause (i), (ii), or 
                        (iii) as establishing employment authorization 
                        or identity does not reliably establish such 
                        authorization or identity or is being used 
                        fraudulently to an unacceptable degree, the 
                        Secretary may prohibit or place conditions on 
                        its use for purposes of this paragraph.
                            ``(vi) Signature.--Such attestation may be 
                        manifested by either a handwritten or 
                        electronic signature.
                    ``(B) Individual attestation of employment 
                authorization.--During the verification period (as 
                defined in subparagraph (E)), the individual shall 
                attest, under penalty of perjury on the form designated 
                or established for purposes of subparagraph (A), that 
                the individual is a citizen or national of the United 
                States, an alien lawfully admitted for permanent 
                residence, or an alien who is authorized under this Act 
                or by the Secretary of Homeland Security to be hired, 
                recruited, or referred for such employment. Such 
                attestation may be manifested by either a handwritten 
                or electronic signature. The individual shall also 
                provide that individual's social security account 
                number or United States passport number (if the 
                individual claims to have been issued such a number), 
                and, if the individual does not attest to United States 
                nationality under this subparagraph, such 
                identification or authorization number established by 
                the Department of Homeland Security for the alien as 
                the Secretary may specify.
                    ``(C) Retention of verification form and 
                verification.--
                            ``(i) In general.--After completion of such 
                        form in accordance with subparagraphs (A) and 
                        (B), the person or entity shall--
                                    ``(I) retain a paper, microfiche, 
                                microfilm, or electronic version of the 
                                form and make it available for 
                                inspection by officers of the 
                                Department of Homeland Security, the 
                                Department of Justice, or the 
                                Department of Labor during a period 
                                beginning on the date of the recruiting 
                                or referral of the individual, or, in 
                                the case of the hiring of an 
                                individual, the date on which the 
                                verification is completed, and ending--
                                            ``(aa) in the case of the 
                                        recruiting or referral of an 
                                        individual, 3 years after the 
                                        date of the recruiting or 
                                        referral; and
                                            ``(bb) in the case of the 
                                        hiring of an individual, the 
                                        later of 3 years after the date 
                                        the verification is completed 
                                        or one year after the date the 
                                        individual's employment is 
                                        terminated; and
                                    ``(II) during the verification 
                                period (as defined in subparagraph 
                                (E)), make an inquiry, as provided in 
                                subsection (d), using the verification 
                                system to seek verification of the 
                                identity and employment eligibility of 
                                an individual.
                            ``(ii) Confirmation.--
                                    ``(I) Confirmation received.--If 
                                the person or other entity receives an 
                                appropriate confirmation of an 
                                individual's identity and work 
                                eligibility under the verification 
                                system within the time period 
                                specified, the person or entity shall 
                                record on the form an appropriate code 
                                that is provided under the system and 
                                that indicates a final confirmation of 
                                such identity and work eligibility of 
                                the individual.
                                    ``(II) Tentative nonconfirmation 
                                received.--If the person or other 
                                entity receives a tentative 
                                nonconfirmation of an individual's 
                                identity or work eligibility under the 
                                verification system within the time 
                                period specified, the person or entity 
                                shall so inform the individual for whom 
                                the verification is sought. If the 
                                individual does not contest the 
                                nonconfirmation within the time period 
                                specified, the nonconfirmation shall be 
                                considered final. The person or entity 
                                shall then record on the form an 
                                appropriate code which has been 
                                provided under the system to indicate a 
                                final nonconfirmation. If the 
                                individual does contest the 
                                nonconfirmation, the individual shall 
                                utilize the process for secondary 
                                verification provided under subsection 
                                (d). The nonconfirmation will remain 
                                tentative until a final confirmation or 
                                nonconfirmation is provided by the 
                                verification system within the time 
                                period specified. In no case shall an 
                                employer terminate employment of an 
                                individual because of a failure of the 
                                individual to have identity and work 
                                eligibility confirmed under this 
                                section until a nonconfirmation becomes 
                                final. Nothing in this clause shall 
                                apply to a termination of employment 
                                for any reason other than because of 
                                such a failure. In no case shall an 
                                employer rescind the offer of 
                                employment to an individual because of 
                                a failure of the individual to have 
                                identity and work eligibility confirmed 
                                under this subsection until a 
                                nonconfirmation becomes final. Nothing 
                                in this subclause shall apply to a 
                                recission of the offer of employment 
                                for any reason other than because of 
                                such a failure.
                                    ``(III) Final confirmation or 
                                nonconfirmation received.--If a final 
                                confirmation or nonconfirmation is 
                                provided by the verification system 
                                regarding an individual, the person or 
                                entity shall record on the form an 
                                appropriate code that is provided under 
                                the system and that indicates a 
                                confirmation or nonconfirmation of 
                                identity and work eligibility of the 
                                individual.
                                    ``(IV) Extension of time.--If the 
                                person or other entity in good faith 
                                attempts to make an inquiry during the 
                                time period specified and the 
                                verification system has registered that 
                                not all inquiries were received during 
                                such time, the person or entity may 
                                make an inquiry in the first subsequent 
                                working day in which the verification 
                                system registers that it has received 
                                all inquiries. If the verification 
                                system cannot receive inquiries at all 
                                times during a day, the person or 
                                entity merely has to assert that the 
                                entity attempted to make the inquiry on 
                                that day for the previous sentence to 
                                apply to such an inquiry, and does not 
                                have to provide any additional proof 
                                concerning such inquiry.
                                    ``(V) Consequences of 
                                nonconfirmation.--
                                            ``(aa) Termination or 
                                        notification of continued 
                                        employment.--If the person or 
                                        other entity has received a 
                                        final nonconfirmation regarding 
                                        an individual, the person or 
                                        entity may terminate employment 
                                        of the individual (or decline 
                                        to recruit or refer the 
                                        individual). If the person or 
                                        entity does not terminate 
                                        employment of the individual or 
                                        proceeds to recruit or refer 
                                        the individual, the person or 
                                        entity shall notify the 
                                        Secretary of Homeland Security 
                                        of such fact through the 
                                        verification system or in such 
                                        other manner as the Secretary 
                                        may specify.
                                            ``(bb) Failure to notify.--
                                        If the person or entity fails 
                                        to provide notice with respect 
                                        to an individual as required 
                                        under item (aa), the failure is 
                                        deemed to constitute a 
                                        violation of subsection 
                                        (a)(1)(A) with respect to that 
                                        individual.
                                    ``(VI) Continued employment after 
                                final nonconfirmation.--If the person 
                                or other entity continues to employ (or 
                                to recruit or refer) an individual 
                                after receiving final nonconfirmation, 
                                a rebuttable presumption is created 
                                that the person or entity has violated 
                                subsection (a)(1)(A).
                    ``(D) Effective dates of new procedures.--
                            ``(i) Hiring.--Except as provided in clause 
                        (iii), the provisions of this paragraph shall 
                        apply to a person or other entity hiring an 
                        individual for employment in the United States 
                        as follows:
                                    ``(I) With respect to employers 
                                having 10,000 or more employees in the 
                                United States on the date of the 
                                enactment of the Legal Workforce Act, 
                                on the date that is 6 months after the 
                                date of the enactment of such Act.
                                    ``(II) With respect to employers 
                                having 500 or more employees in the 
                                United States, but less than 10,000 
                                employees in the United States, on the 
                                date of the enactment of the Legal 
                                Workforce Act, on the date that is 12 
                                months after the date of the enactment 
                                of such Act.
                                    ``(III) With respect to employers 
                                having 20 or more employees in the 
                                United States, but less than 500 
                                employees in the United States, on the 
                                date of the enactment of the Legal 
                                Workforce Act, on the date that is 18 
                                months after the date of the enactment 
                                of such Act.
                                    ``(IV) With respect to employers 
                                having one or more employees in the 
                                United States, but less than 20 
                                employees in the United States, on the 
                                date of the enactment of the Legal 
                                Workforce Act, on the date that is 24 
                                months after the date of the enactment 
                                of such Act.
                            ``(ii) Recruiting and referring.--Except as 
                        provided in clause (iii), the provisions of 
                        this paragraph shall apply to a person or other 
                        entity recruiting or referring an individual 
                        for employment in the United States on the date 
                        that is 12 months after the date of the 
                        enactment of the Legal Workforce Act.
                            ``(iii) Agricultural labor or services.--
                        With respect to an employee performing 
                        agricultural labor or services, this paragraph 
                        shall not apply with respect to the 
                        verification of the employee until the date 
                        that is 30 months after the date of the 
                        enactment of the Legal Workforce Act. For 
                        purposes of the preceding sentence, the term 
                        `agricultural labor or services' has the 
                        meaning given such term by the Secretary of 
                        Agriculture in regulations and includes 
                        agricultural labor as defined in section 
                        3121(g) of the Internal Revenue Code of 1986, 
                        agriculture as defined in section 3(f) of the 
                        Fair Labor Standards Act of 1938 (29 U.S.C. 
                        203(f)), the handling, planting, drying, 
                        packing, packaging, processing, freezing, or 
                        grading prior to delivery for storage of any 
                        agricultural or horticultural commodity in its 
                        unmanufactured state, all activities required 
                        for the preparation, processing or 
                        manufacturing of a product of agriculture (as 
                        such term is defined in such section 3(f)) for 
                        further distribution, and activities similar to 
                        all the foregoing as they relate to fish or 
                        shellfish facilities. An employee described in 
                        this clause shall not be counted for purposes 
                        of clause (i).
                            ``(iv) Extensions.--Upon request by an 
                        employer having 50 or fewer employees, the 
                        Secretary shall allow a one-time 6-month 
                        extension of the effective date set out in this 
                        subparagraph applicable to such employer. Such 
                        request shall be made to the Secretary and 
                        shall be made prior to such effective date.
                            ``(v) Transition rule.--Subject to 
                        paragraph (4), the following shall apply to a 
                        person or other entity hiring, recruiting, or 
                        referring an individual for employment in the 
                        United States until the effective date or dates 
                        applicable under clauses (i) through (iii):
                                    ``(I) This subsection, as in effect 
                                before the enactment of the Legal 
                                Workforce Act.
                                    ``(II) Subtitle A of title IV of 
                                the Illegal Immigration Reform and 
                                Immigrant Responsibility Act of 1996 (8 
                                U.S.C. 1324a note), as in effect before 
                                the effective date in section 6107(c) 
                                of the Legal Workforce Act.
                                    ``(III) Any other provision of 
                                Federal law requiring the person or 
                                entity to participate in the E-Verify 
                                Program described in section 403(a) of 
                                the Illegal Immigration Reform and 
                                Immigrant Responsibility Act of 1996 (8 
                                U.S.C. 1324a note), as in effect before 
                                the effective date in section 6107(c) 
                                of the Legal Workforce Act, including 
                                Executive Order 13465 (8 U.S.C. 1324a 
                                note; relating to Government 
                                procurement).
                    ``(E) Verification period defined.--
                            ``(i) In general.--For purposes of this 
                        paragraph:
                                    ``(I) In the case of recruitment or 
                                referral, the term `verification 
                                period' means the period ending on the 
                                date recruiting or referring commences.
                                    ``(II) In the case of hiring, the 
                                term `verification period' means the 
                                period beginning on the date on which 
                                an offer of employment is extended and 
                                ending on the date that is three 
                                business days after the date of hire, 
                                except as provided in clause (iii). The 
                                offer of employment may be conditioned 
                                in accordance with clause (ii).
                            ``(ii) Job offer may be conditional.--A 
                        person or other entity may offer a prospective 
                        employee an employment position that is 
                        conditioned on final verification of the 
                        identity and employment eligibility of the 
                        employee using the procedures established under 
                        this paragraph.
                            ``(iii) Special rule.--Notwithstanding 
                        clause (i)(II), in the case of an alien who is 
                        authorized for employment and who provides 
                        evidence from the Social Security 
                        Administration that the alien has applied for a 
                        social security account number, the 
                        verification period ends three business days 
                        after the alien receives the social security 
                        account number.
            ``(2) Reverification for individuals with limited work 
        authorization.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), a person or entity shall make an 
                inquiry, as provided in subsection (d), using the 
                verification system to seek reverification of the 
                identity and employment eligibility of all individuals 
                with a limited period of work authorization employed by 
                the person or entity during the three business days 
                after the date on which the employee's work 
                authorization expires as follows:
                            ``(i) With respect to employers having 
                        10,000 or more employees in the United States 
                        on the date of the enactment of the Legal 
                        Workforce Act, beginning on the date that is 6 
                        months after the date of the enactment of such 
                        Act.
                            ``(ii) With respect to employers having 500 
                        or more employees in the United States, but 
                        less than 10,000 employees in the United 
                        States, on the date of the enactment of the 
                        Legal Workforce Act, beginning on the date that 
                        is 12 months after the date of the enactment of 
                        such Act.
                            ``(iii) With respect to employers having 20 
                        or more employees in the United States, but 
                        less than 500 employees in the United States, 
                        on the date of the enactment of the Legal 
                        Workforce Act, beginning on the date that is 18 
                        months after the date of the enactment of such 
                        Act.
                            ``(iv) With respect to employers having one 
                        or more employees in the United States, but 
                        less than 20 employees in the United States, on 
                        the date of the enactment of the Legal 
                        Workforce Act, beginning on the date that is 24 
                        months after the date of the enactment of such 
                        Act.
                    ``(B) Agricultural labor or services.--With respect 
                to an employee performing agricultural labor or 
                services, or an employee recruited or referred by a 
                farm labor contractor (as defined in section 3 of the 
                Migrant and Seasonal Agricultural Worker Protection Act 
                (29 U.S.C. 1801)), subparagraph (A) shall not apply 
                with respect to the reverification of the employee 
                until the date that is 30 months after the date of the 
                enactment of the Legal Workforce Act. For purposes of 
                the preceding sentence, the term `agricultural labor or 
                services' has the meaning given such term by the 
                Secretary of Agriculture in regulations and includes 
                agricultural labor as defined in section 3121(g) of the 
                Internal Revenue Code of 1986, agriculture as defined 
                in section 3(f) of the Fair Labor Standards Act of 1938 
                (29 U.S.C. 203(f)), the handling, planting, drying, 
                packing, packaging, processing, freezing, or grading 
                prior to delivery for storage of any agricultural or 
                horticultural commodity in its unmanufactured state, 
                all activities required for the preparation, 
                processing, or manufacturing of a product of 
                agriculture (as such term is defined in such section 
                3(f)) for further distribution, and activities similar 
                to all the foregoing as they relate to fish or 
                shellfish facilities. An employee described in this 
                subparagraph shall not be counted for purposes of 
                subparagraph (A).
                    ``(C) Reverification.--Paragraph (1)(C)(ii) shall 
                apply to reverifications pursuant to this paragraph on 
                the same basis as it applies to verifications pursuant 
                to paragraph (1), except that employers shall--
                            ``(i) use a form designated or established 
                        by the Secretary by regulation for purposes of 
                        this paragraph; and
                            ``(ii) retain a paper, microfiche, 
                        microfilm, or electronic version of the form 
                        and make it available for inspection by 
                        officers of the Department of Homeland 
                        Security, the Department of Justice, or the 
                        Department of Labor during the period beginning 
                        on the date the reverification commences and 
                        ending on the date that is the later of 3 years 
                        after the date of such reverification or 1 year 
                        after the date the individual's employment is 
                        terminated.
            ``(3) Previously hired individuals.--
                    ``(A) On a mandatory basis for certain employees.--
                            ``(i) In general.--Not later than the date 
                        that is 6 months after the date of the 
                        enactment of the Legal Workforce Act, an 
                        employer shall make an inquiry, as provided in 
                        subsection (d), using the verification system 
                        to seek verification of the identity and 
                        employment eligibility of any individual 
                        described in clause (ii) employed by the 
                        employer whose employment eligibility has not 
                        been verified under the E-Verify Program 
                        described in section 403(a) of the Illegal 
                        Immigration Reform and Immigrant Responsibility 
                        Act of 1996 (8 U.S.C. 1324a note).
                            ``(ii) Individuals described.--An 
                        individual described in this clause is any of 
                        the following:
                                    ``(I) An employee of any unit of a 
                                Federal, State, or local government.
                                    ``(II) An employee who requires a 
                                Federal security clearance working in a 
                                Federal, State, or local government 
                                building, a military base, a nuclear 
                                energy site, a weapons site, or an 
                                airport or other facility that requires 
                                workers to carry a Transportation 
                                Worker Identification Credential 
                                (TWIC).
                                    ``(III) An employee assigned to 
                                perform work in the United States under 
                                a Federal contract, except that this 
                                subclause--
                                            ``(aa) is not applicable to 
                                        individuals who have a 
                                        clearance under Homeland 
                                        Security Presidential Directive 
                                        12 (HSPD 12 clearance), are 
                                        administrative or overhead 
                                        personnel, or are working 
                                        solely on contracts that 
                                        provide Commercial Off The 
                                        Shelf goods or services as set 
                                        forth by the Federal 
                                        Acquisition Regulatory Council, 
                                        unless they are subject to 
                                        verification under subclause 
                                        (II); and
                                            ``(bb) only applies to 
                                        contracts over the simple 
                                        acquisition threshold as 
                                        defined in section 2.101 of 
                                        title 48, Code of Federal 
                                        Regulations.
                    ``(B) On a mandatory basis for multiple users of 
                same social security account number.--In the case of an 
                employer who is required by this subsection to use the 
                verification system described in subsection (d), or has 
                elected voluntarily to use such system, the employer 
                shall make inquiries to the system in accordance with 
                the following:
                            ``(i) The Commissioner of Social Security 
                        shall notify annually employees (at the 
                        employee address listed on the Wage and Tax 
                        Statement) who submit a social security account 
                        number to which more than one employer reports 
                        income and for which there is a pattern of 
                        unusual multiple use. The notification letter 
                        shall identify the number of employers to which 
                        income is being reported as well as sufficient 
                        information notifying the employee of the 
                        process to contact the Social Security 
                        Administration Fraud Hotline if the employee 
                        believes the employee's identity may have been 
                        stolen. The notice shall not share information 
                        protected as private, in order to avoid any 
                        recipient of the notice from being in the 
                        position to further commit or begin committing 
                        identity theft.
                            ``(ii) If the person to whom the social 
                        security account number was issued by the 
                        Social Security Administration has been 
                        identified and confirmed by the Commissioner, 
                        and indicates that the social security account 
                        number was used without their knowledge, the 
                        Secretary and the Commissioner shall lock the 
                        social security account number for employment 
                        eligibility verification purposes and shall 
                        notify the employers of the individuals who 
                        wrongfully submitted the social security 
                        account number that the employee may not be 
                        work eligible.
                            ``(iii) Each employer receiving such 
                        notification of an incorrect social security 
                        account number under clause (ii) shall use the 
                        verification system described in subsection (d) 
                        to check the work eligibility status of the 
                        applicable employee within 10 business days of 
                        receipt of the notification.
                    ``(C) On a voluntary basis.--Subject to paragraph 
                (2), and subparagraphs (A) through (C) of this 
                paragraph, beginning on the date that is 30 days after 
                the date of the enactment of the Legal Workforce Act, 
                an employer may make an inquiry, as provided in 
                subsection (d), using the verification system to seek 
                verification of the identity and employment eligibility 
                of any individual employed by the employer. If an 
                employer chooses voluntarily to seek verification of 
                any individual employed by the employer, the employer 
                shall seek verification of all individuals employed at 
                the same geographic location or, at the option of the 
                employer, all individuals employed within the same job 
                category, as the employee with respect to whom the 
                employer seeks voluntarily to use the verification 
                system. An employer's decision about whether or not 
                voluntarily to seek verification of its current 
                workforce under this subparagraph may not be considered 
                by any government agency in any proceeding, 
                investigation, or review provided for in this Act.
                    ``(D) Verification.--Paragraph (1)(C)(ii) shall 
                apply to verifications pursuant to this paragraph on 
                the same basis as it applies to verifications pursuant 
                to paragraph (1), except that employers shall--
                            ``(i) use a form designated or established 
                        by the Secretary by regulation for purposes of 
                        this paragraph; and
                            ``(ii) retain a paper, microfiche, 
                        microfilm, or electronic version of the form 
                        and make it available for inspection by 
                        officers of the Department of Homeland 
                        Security, the Department of Justice, or the 
                        Department of Labor during the period beginning 
                        on the date the verification commences and 
                        ending on the date that is the later of 3 years 
                        after the date of such verification or 1 year 
                        after the date the individual's employment is 
                        terminated.
            ``(4) Early compliance.--
                    ``(A) Former e-verify required users, including 
                federal contractors.--Notwithstanding the deadlines in 
                paragraphs (1) and (2), beginning on the date of the 
                enactment of the Legal Workforce Act, the Secretary is 
                authorized to commence requiring employers required to 
                participate in the E-Verify Program described in 
                section 403(a) of the Illegal Immigration Reform and 
                Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 
                note), including employers required to participate in 
                such program by reason of Federal acquisition laws (and 
                regulations promulgated under those laws, including the 
                Federal Acquisition Regulation), to commence compliance 
                with the requirements of this subsection (and any 
                additional requirements of such Federal acquisition 
                laws and regulation) in lieu of any requirement to 
                participate in the E-Verify Program.
                    ``(B) Former e-verify voluntary users and others 
                desiring early compliance.--Notwithstanding the 
                deadlines in paragraphs (1) and (2), beginning on the 
                date of the enactment of the Legal Workforce Act, the 
                Secretary shall provide for the voluntary compliance 
                with the requirements of this subsection by employers 
                voluntarily electing to participate in the E-Verify 
                Program described in section 403(a) of the Illegal 
                Immigration Reform and Immigrant Responsibility Act of 
                1996 (8 U.S.C. 1324a note) before such date, as well as 
                by other employers seeking voluntary early compliance.
            ``(5) Copying of documentation permitted.--Notwithstanding 
        any other provision of law, the person or entity may copy a 
        document presented by an individual pursuant to this subsection 
        and may retain the copy, but only (except as otherwise 
        permitted under law) for the purpose of complying with the 
        requirements of this subsection.
            ``(6) Limitation on use of forms.--A form designated or 
        established by the Secretary of Homeland Security under this 
        subsection and any information contained in or appended to such 
        form, may not be used for purposes other than for enforcement 
        of this Act and any other provision of Federal criminal law.
            ``(7) Good faith compliance.--
                    ``(A) In general.--Except as otherwise provided in 
                this subsection, a person or entity is considered to 
                have complied with a requirement of this subsection 
                notwithstanding a technical or procedural failure to 
                meet such requirement if there was a good faith attempt 
                to comply with the requirement.
                    ``(B) Exception if failure to correct after 
                notice.--Subparagraph (A) shall not apply if--
                            ``(i) the failure is not de minimis;
                            ``(ii) the Secretary of Homeland Security 
                        has explained to the person or entity the basis 
                        for the failure and why it is not de minimis;
                            ``(iii) the person or entity has been 
                        provided a period of not less than 30 calendar 
                        days (beginning after the date of the 
                        explanation) within which to correct the 
                        failure; and
                            ``(iv) the person or entity has not 
                        corrected the failure voluntarily within such 
                        period.
                    ``(C) Exception for pattern or practice 
                violators.--Subparagraph (A) shall not apply to a 
                person or entity that has or is engaging in a pattern 
                or practice of violations of subsection (a)(1)(A) or 
                (a)(2).
            ``(8) Single extension of deadlines upon certification.--In 
        a case in which the Secretary of Homeland Security has 
        certified to the Congress that the employment eligibility 
        verification system required under subsection (d) will not be 
        fully operational by the date that is 6 months after the date 
        of the enactment of the Legal Workforce Act, each deadline 
        established under this section for an employer to make an 
        inquiry using such system shall be extended by 6 months. No 
        other extension of such a deadline shall be made except as 
        authorized under paragraph (1)(D)(iv).''.
    (b) Date of Hire.--Section 274A(h) of the Immigration and 
Nationality Act (8 U.S.C. 1324a(h)) is amended by adding at the end the 
following:
            ``(4) Definition of date of hire.--As used in this section, 
        the term `date of hire' means the date of actual commencement 
        of employment for wages or other remuneration, unless otherwise 
        specified.''.

SEC. 6103. EMPLOYMENT ELIGIBILITY VERIFICATION SYSTEM.

    Section 274A(d) of the Immigration and Nationality Act (8 U.S.C. 
1324a(d)) is amended to read as follows:
    ``(d) Employment Eligibility Verification System.--
            ``(1) In general.--Patterned on the employment eligibility 
        confirmation system established under section 404 of the 
        Illegal Immigration Reform and Immigrant Responsibility Act of 
        1996 (8 U.S.C. 1324a note), the Secretary of Homeland Security 
        shall establish and administer a verification system through 
        which the Secretary (or a designee of the Secretary, which may 
        be a nongovernmental entity)--
                    ``(A) responds to inquiries made by persons at any 
                time through a toll-free telephone line and other toll-
                free electronic media concerning an individual's 
                identity and whether the individual is authorized to be 
                employed; and
                    ``(B) maintains records of the inquiries that were 
                made, of verifications provided (or not provided), and 
                of the codes provided to inquirers as evidence of their 
                compliance with their obligations under this section.
            ``(2) Initial response.--The verification system shall 
        provide confirmation or a tentative nonconfirmation of an 
        individual's identity and employment eligibility within 3 
        working days of the initial inquiry. If providing confirmation 
        or tentative nonconfirmation, the verification system shall 
        provide an appropriate code indicating such confirmation or 
        such nonconfirmation.
            ``(3) Secondary confirmation process in case of tentative 
        nonconfirmation.--In cases of tentative nonconfirmation, the 
        Secretary shall specify, in consultation with the Commissioner 
        of Social Security, an available secondary verification process 
        to confirm the validity of information provided and to provide 
        a final confirmation or nonconfirmation not later than 10 
        working days after the date on which the notice of the 
        tentative nonconfirmation is received by the employee. The 
        Secretary, in consultation with the Commissioner, may extend 
        this deadline once on a case-by-case basis for a period of 10 
        working days, and if the time is extended, shall document such 
        extension within the verification system. The Secretary, in 
        consultation with the Commissioner, shall notify the employee 
        and employer of such extension. The Secretary, in consultation 
        with the Commissioner, shall create a standard process of such 
        extension and notification and shall make a description of such 
        process available to the public. When final confirmation or 
        nonconfirmation is provided, the verification system shall 
        provide an appropriate code indicating such confirmation or 
        nonconfirmation.
            ``(4) Design and operation of system.--The verification 
        system shall be designed and operated--
                    ``(A) to maximize its reliability and ease of use 
                by persons and other entities consistent with 
                insulating and protecting the privacy and security of 
                the underlying information;
                    ``(B) to respond to all inquiries made by such 
                persons and entities on whether individuals are 
                authorized to be employed and to register all times 
                when such inquiries are not received;
                    ``(C) with appropriate administrative, technical, 
                and physical safeguards to prevent unauthorized 
                disclosure of personal information;
                    ``(D) to have reasonable safeguards against the 
                system's resulting in unlawful discriminatory practices 
                based on national origin or citizenship status, 
                including--
                            ``(i) the selective or unauthorized use of 
                        the system to verify eligibility; or
                            ``(ii) the exclusion of certain individuals 
                        from consideration for employment as a result 
                        of a perceived likelihood that additional 
                        verification will be required, beyond what is 
                        required for most job applicants;
                    ``(E) to maximize the prevention of identity theft 
                use in the system; and
                    ``(F) to limit the subjects of verification to the 
                following individuals:
                            ``(i) Individuals hired, referred, or 
                        recruited, in accordance with paragraph (1) or 
                        (4) of subsection (b).
                            ``(ii) Employees and prospective employees, 
                        in accordance with paragraph (1), (2), (3), or 
                        (4) of subsection (b).
                            ``(iii) Individuals seeking to confirm 
                        their own employment eligibility on a voluntary 
                        basis.
            ``(5) Responsibilities of commissioner of social 
        security.--As part of the verification system, the Commissioner 
        of Social Security, in consultation with the Secretary of 
        Homeland Security (and any designee of the Secretary selected 
        to establish and administer the verification system), shall 
        establish a reliable, secure method, which, within the time 
        periods specified under paragraphs (2) and (3), compares the 
        name and social security account number provided in an inquiry 
        against such information maintained by the Commissioner in 
        order to validate (or not validate) the information provided 
        regarding an individual whose identity and employment 
        eligibility must be confirmed, the correspondence of the name 
        and number, and whether the individual has presented a social 
        security account number that is not valid for employment. The 
        Commissioner shall not disclose or release social security 
        information (other than such confirmation or nonconfirmation) 
        under the verification system except as provided for in this 
        section or section 205(c)(2)(I) of the Social Security Act.
            ``(6) Responsibilities of secretary of homeland security.--
        As part of the verification system, the Secretary of Homeland 
        Security (in consultation with any designee of the Secretary 
        selected to establish and administer the verification system), 
        shall establish a reliable, secure method, which, within the 
        time periods specified under paragraphs (2) and (3), compares 
        the name and alien identification or authorization number (or 
        any other information as determined relevant by the Secretary) 
        which are provided in an inquiry against such information 
        maintained or accessed by the Secretary in order to validate 
        (or not validate) the information provided, the correspondence 
        of the name and number, whether the alien is authorized to be 
        employed in the United States, or to the extent that the 
        Secretary determines to be feasible and appropriate, whether 
        the records available to the Secretary verify the identity or 
        status of a national of the United States.
            ``(7) Updating information.--The Commissioner of Social 
        Security and the Secretary of Homeland Security shall update 
        their information in a manner that promotes the maximum 
        accuracy and shall provide a process for the prompt correction 
        of erroneous information, including instances in which it is 
        brought to their attention in the secondary verification 
        process described in paragraph (3).
            ``(8) Limitation on use of the verification system and any 
        related systems.--
                    ``(A) No national identification card.--Nothing in 
                this section shall be construed to authorize, directly 
                or indirectly, the issuance or use of national 
                identification cards or the establishment of a national 
                identification card.
                    ``(B) Critical infrastructure.--The Secretary may 
                authorize or direct any person or entity responsible 
                for granting access to, protecting, securing, 
                operating, administering, or regulating part of the 
                critical infrastructure (as defined in section 1016(e) 
                of the Critical Infrastructure Protection Act of 2001 
                (42 U.S.C. 5195c(e))) to use the verification system to 
                the extent the Secretary determines that such use will 
                assist in the protection of the critical 
                infrastructure.
            ``(9) Remedies.--If an individual alleges that the 
        individual would not have been dismissed from a job but for an 
        error of the verification mechanism, the individual may seek 
        compensation only through the mechanism of the Federal Tort 
        Claims Act, and injunctive relief to correct such error. No 
        class action may be brought under this paragraph.''.

SEC. 6104. RECRUITMENT, REFERRAL, AND CONTINUATION OF EMPLOYMENT.

    (a) Additional Changes to Rules for Recruitment, Referral, and 
Continuation of Employment.--Section 274A(a) of the Immigration and 
Nationality Act (8 U.S.C. 1324a(a)) is amended--
            (1) in paragraph (1)(A), by striking ``for a fee'';
            (2) in paragraph (1), by amending subparagraph (B) to read 
        as follows:
                    ``(B) to hire, continue to employ, or to recruit or 
                refer for employment in the United States an individual 
                without complying with the requirements of subsection 
                (b).''; and
            (3) in paragraph (2), by striking ``after hiring an alien 
        for employment in accordance with paragraph (1),'' and 
        inserting ``after complying with paragraph (1),''.
    (b) Definition.--Section 274A(h) of the Immigration and Nationality 
Act (8 U.S.C. 1324a(h)), as amended by section 6102(b) of this Act, is 
further amended by adding at the end the following:
            ``(5) Definition of recruit or refer.--As used in this 
        section, the term `refer' means the act of sending or directing 
        a person who is in the United States or transmitting 
        documentation or information to another, directly or 
        indirectly, with the intent of obtaining employment in the 
        United States for such person. Only persons or entities 
        referring for remuneration (whether on a retainer or 
        contingency basis) are included in the definition, except that 
        union hiring halls that refer union members or nonunion 
        individuals who pay union membership dues are included in the 
        definition whether or not they receive remuneration, as are 
        labor service entities or labor service agencies, whether 
        public, private, for-profit, or nonprofit, that refer, 
        dispatch, or otherwise facilitate the hiring of laborers for 
        any period of time by a third party. As used in this section, 
        the term `recruit' means the act of soliciting a person who is 
        in the United States, directly or indirectly, and referring the 
        person to another with the intent of obtaining employment for 
        that person. Only persons or entities referring for 
        remuneration (whether on a retainer or contingency basis) are 
        included in the definition, except that union hiring halls that 
        refer union members or nonunion individuals who pay union 
        membership dues are included in this definition whether or not 
        they receive remuneration, as are labor service entities or 
        labor service agencies, whether public, private, for-profit, or 
        nonprofit that recruit, dispatch, or otherwise facilitate the 
        hiring of laborers for any period of time by a third party.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date that is 1 year after the date of the enactment of 
this Act, except that the amendments made by subsection (a) shall take 
effect 6 months after the date of the enactment of this Act insofar as 
such amendments relate to continuation of employment.

SEC. 6105. GOOD FAITH DEFENSE.

    Section 274A(a)(3) of the Immigration and Nationality Act (8 U.S.C. 
1324a(a)(3)) is amended to read as follows:
            ``(3) Good faith defense.--
                    ``(A) Defense.--An employer (or person or entity 
                that hires, employs, recruits, or refers (as defined in 
                subsection (h)(5)), or is otherwise obligated to comply 
                with this section) who establishes that it has complied 
                in good faith with the requirements of subsection (b)--
                            ``(i) shall not be liable to a job 
                        applicant, an employee, the Federal Government, 
                        or a State or local government, under Federal, 
                        State, or local criminal or civil law for any 
                        employment-related action taken with respect to 
                        a job applicant or employee in good-faith 
                        reliance on information provided through the 
                        system established under subsection (d); and
                            ``(ii) has established compliance with its 
                        obligations under subparagraphs (A) and (B) of 
                        paragraph (1) and subsection (b) absent a 
                        showing by the Secretary of Homeland Security, 
                        by clear and convincing evidence, that the 
                        employer had knowledge that an employee is an 
                        unauthorized alien.
                    ``(B) Mitigation element.--For purposes of 
                subparagraph (A)(i), if an employer proves by a 
                preponderance of the evidence that the employer uses a 
                reasonable, secure, and established technology to 
                authenticate the identity of the new employee, that 
                fact shall be taken into account for purposes of 
                determining good faith use of the system established 
                under subsection (d).
                    ``(C) Failure to seek and obtain verification.--
                Subject to the effective dates and other deadlines 
                applicable under subsection (b), in the case of a 
                person or entity in the United States that hires, or 
                continues to employ, an individual, or recruits or 
                refers an individual for employment, the following 
                requirements apply:
                            ``(i) Failure to seek verification.--
                                    ``(I) In general.--If the person or 
                                entity has not made an inquiry, under 
                                the mechanism established under 
                                subsection (d) and in accordance with 
                                the timeframes established under 
                                subsection (b), seeking verification of 
                                the identity and work eligibility of 
                                the individual, the defense under 
                                subparagraph (A) shall not be 
                                considered to apply with respect to any 
                                employment, except as provided in 
                                subclause (II).
                                    ``(II) Special rule for failure of 
                                verification mechanism.--If such a 
                                person or entity in good faith attempts 
                                to make an inquiry in order to qualify 
                                for the defense under subparagraph (A) 
                                and the verification mechanism has 
                                registered that not all inquiries were 
                                responded to during the relevant time, 
                                the person or entity can make an 
                                inquiry until the end of the first 
                                subsequent working day in which the 
                                verification mechanism registers no 
                                nonresponses and qualify for such 
                                defense.
                            ``(ii) Failure to obtain verification.--If 
                        the person or entity has made the inquiry 
                        described in clause (i)(I) but has not received 
                        an appropriate verification of such identity 
                        and work eligibility under such mechanism 
                        within the time period specified under 
                        subsection (d)(2) after the time the 
                        verification inquiry was received, the defense 
                        under subparagraph (A) shall not be considered 
                        to apply with respect to any employment after 
                        the end of such time period.''.

SEC. 6106. PREEMPTION AND STATES' RIGHTS.

    Section 274A(h)(2) of the Immigration and Nationality Act (8 U.S.C. 
1324a(h)(2)) is amended to read as follows:
            ``(2) Preemption.--
                    ``(A) Single, national policy.--The provisions of 
                this section preempt any State or local law, ordinance, 
                policy, or rule, including any criminal or civil fine 
                or penalty structure, insofar as they may now or 
                hereafter relate to the hiring, continued employment, 
                or status verification for employment eligibility 
                purposes, of unauthorized aliens.
                    ``(B) State enforcement of federal law.--
                            ``(i) Business licensing.--A State, 
                        locality, municipality, or political 
                        subdivision may exercise its authority over 
                        business licensing and similar laws as a 
                        penalty for failure to use the verification 
                        system described in subsection (d) to verify 
                        employment eligibility when and as required 
                        under subsection (b).
                            ``(ii) General rules.--A State, at its own 
                        cost, may enforce the provisions of this 
                        section, but only insofar as such State follows 
                        the Federal regulations implementing this 
                        section, applies the Federal penalty structure 
                        set out in this section, and complies with all 
                        Federal rules and guidance concerning 
                        implementation of this section. Such State may 
                        collect any fines assessed under this section. 
                        An employer may not be subject to enforcement, 
                        including audit and investigation, by both a 
                        Federal agency and a State for the same 
                        violation under this section. Whichever entity, 
                        the Federal agency or the State, is first to 
                        initiate the enforcement action, has the right 
                        of first refusal to proceed with the 
                        enforcement action. The Secretary must provide 
                        copies of all guidance, training, and field 
                        instructions provided to Federal officials 
                        implementing the provisions of this section to 
                        each State.''.

SEC. 6107. REPEAL.

    (a) In General.--Subtitle A of title IV of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) 
is repealed.
    (b) References.--Any reference in any Federal law, Executive order, 
rule, regulation, or delegation of authority, or any document of, or 
pertaining to, the Department of Homeland Security, Department of 
Justice, or the Social Security Administration, to the employment 
eligibility confirmation system established under section 404 of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 
U.S.C. 1324a note) is deemed to refer to the employment eligibility 
confirmation system established under section 274A(d) of the 
Immigration and Nationality Act, as amended by section 6103 of this 
Act.
    (c) Effective Date.--This section shall take effect on the date 
that is 30 months after the date of the enactment of this Act.
    (d) Clerical Amendment.--The table of sections, in section 1(d) of 
the Illegal Immigration Reform and Immigrant Responsibility Act of 
1996, is amended by striking the items relating to subtitle A of title 
IV.

SEC. 6108. PENALTIES.

    Section 274A of the Immigration and Nationality Act (8 U.S.C. 
1324a) is amended--
            (1) in subsection (e)(1)--
                    (A) by striking ``Attorney General'' each place 
                such term appears and inserting ``Secretary of Homeland 
                Security''; and
                    (B) in subparagraph (D), by striking ``Service'' 
                and inserting ``Department of Homeland Security'';
            (2) in subsection (e)(4)--
                    (A) in subparagraph (A), in the matter before 
                clause (i), by inserting ``, subject to paragraph 
                (10),'' after ``in an amount'';
                    (B) in subparagraph (A)(i), by striking ``not less 
                than $250 and not more than $2,000'' and inserting 
                ``not less than $2,500 and not more than $5,000'';
                    (C) in subparagraph (A)(ii), by striking ``not less 
                than $2,000 and not more than $5,000'' and inserting 
                ``not less than $5,000 and not more than $10,000'';
                    (D) in subparagraph (A)(iii), by striking ``not 
                less than $3,000 and not more than $10,000'' and 
                inserting ``not less than $10,000 and not more than 
                $25,000''; and
                    (E) by moving the margin of the continuation text 
                following subparagraph (B) two ems to the left and by 
                amending subparagraph (B) to read as follows:
                    ``(B) may require the person or entity to take such 
                other remedial action as is appropriate.'';
            (3) in subsection (e)(5)--
                    (A) in the paragraph heading, strike ``paperwork'';
                    (B) by inserting ``, subject to paragraphs (10) 
                through (12),'' after ``in an amount'';
                    (C) by striking ``$100'' and inserting ``$1,000'';
                    (D) by striking ``$1,000'' and inserting 
                ``$25,000''; and
                    (E) by adding at the end the following: ``Failure 
                by a person or entity to utilize the employment 
                eligibility verification system as required by law, or 
                providing information to the system that the person or 
                entity knows or reasonably believes to be false, shall 
                be treated as a violation of subsection (a)(1)(A).'';
            (4) by adding at the end of subsection (e) the following:
            ``(10) Exemption from penalty for good faith violation.--In 
        the case of imposition of a civil penalty under paragraph 
        (4)(A) with respect to a violation of subsection (a)(1)(A) or 
        (a)(2) for hiring or continuation of employment or recruitment 
        or referral by person or entity and in the case of imposition 
        of a civil penalty under paragraph (5) for a violation of 
        subsection (a)(1)(B) for hiring or recruitment or referral by a 
        person or entity, the penalty otherwise imposed may be waived 
        or reduced if the violator establishes that the violator acted 
        in good faith.
            ``(11) Mitigation element.--For purposes of paragraph (4), 
        the size of the business shall be taken into account when 
        assessing the level of civil money penalty.
            ``(12) Authority to debar employers for certain 
        violations.--
                    ``(A) In general.--If a person or entity is 
                determined by the Secretary of Homeland Security to be 
                a repeat violator of paragraph (1)(A) or (2) of 
                subsection (a), or is convicted of a crime under this 
                section, such person or entity may be considered for 
                debarment from the receipt of Federal contracts, 
                grants, or cooperative agreements in accordance with 
                the debarment standards and pursuant to the debarment 
                procedures set forth in the Federal Acquisition 
                Regulation.
                    ``(B) Does not have contract, grant, agreement.--If 
                the Secretary of Homeland Security or the Attorney 
                General wishes to have a person or entity considered 
                for debarment in accordance with this paragraph, and 
                such a person or entity does not hold a Federal 
                contract, grant, or cooperative agreement, the 
                Secretary or Attorney General shall refer the matter to 
                the Administrator of General Services to determine 
                whether to list the person or entity on the List of 
                Parties Excluded from Federal Procurement, and if so, 
                for what duration and under what scope.
                    ``(C) Has contract, grant, agreement.--If the 
                Secretary of Homeland Security or the Attorney General 
                wishes to have a person or entity considered for 
                debarment in accordance with this paragraph, and such 
                person or entity holds a Federal contract, grant, or 
                cooperative agreement, the Secretary or Attorney 
                General shall advise all agencies or departments 
                holding a contract, grant, or cooperative agreement 
                with the person or entity of the Government's interest 
                in having the person or entity considered for 
                debarment, and after soliciting and considering the 
                views of all such agencies and departments, the 
                Secretary or Attorney General may refer the matter to 
                any appropriate lead agency to determine whether to 
                list the person or entity on the List of Parties 
                Excluded from Federal Procurement, and if so, for what 
                duration and under what scope.
                    ``(D) Review.--Any decision to debar a person or 
                entity in accordance with this paragraph shall be 
                reviewable pursuant to part 9.4 of the Federal 
                Acquisition Regulation.
            ``(13) Office for state and local government complaints.--
        The Secretary of Homeland Security shall establish an office--
                    ``(A) to which State and local government agencies 
                may submit information indicating potential violations 
                of subsection (a), (b), or (g)(1) that were generated 
                in the normal course of law enforcement or the normal 
                course of other official activities in the State or 
                locality;
                    ``(B) that is required to indicate to the 
                complaining State or local agency within five business 
                days of the filing of such a complaint by identifying 
                whether the Secretary will further investigate the 
                information provided;
                    ``(C) that is required to investigate those 
                complaints filed by State or local government agencies 
                that, on their face, have a substantial probability of 
                validity;
                    ``(D) that is required to notify the complaining 
                State or local agency of the results of any such 
                investigation conducted; and
                    ``(E) that is required to report to the Congress 
                annually the number of complaints received under this 
                paragraph, the States and localities that filed such 
                complaints, and the resolution of the complaints 
                investigated by the Secretary.''; and
            (5) by amending paragraph (1) of subsection (f) to read as 
        follows:
            ``(1) Criminal penalty.--Any person or entity which engages 
        in a pattern or practice of violations of subsection (a) (1) or 
        (2) shall be fined not more than $5,000 for each unauthorized 
        alien with respect to which such a violation occurs, imprisoned 
        for not more than 18 months, or both, notwithstanding the 
        provisions of any other Federal law relating to fine levels.''.

SEC. 6109. FRAUD AND MISUSE OF DOCUMENTS.

    Section 1546(b) of title 18, United States Code, is amended--
            (1) in paragraph (1), by striking ``identification 
        document,'' and inserting ``identification document or document 
        meant to establish work authorization (including the documents 
        described in section 274A(b) of the Immigration and Nationality 
        Act),''; and
            (2) in paragraph (2), by striking ``identification 
        document'' and inserting ``identification document or document 
        meant to establish work authorization (including the documents 
        described in section 274A(b) of the Immigration and Nationality 
        Act),''.

SEC. 6110. PROTECTION OF SOCIAL SECURITY ADMINISTRATION PROGRAMS.

    (a) Funding Under Agreement.--Effective for fiscal years beginning 
on or after October 1, 2025, the Commissioner of Social Security and 
the Secretary of Homeland Security shall enter into and maintain an 
agreement which shall--
            (1) provide funds to the Commissioner for the full costs of 
        the responsibilities of the Commissioner under section 274A(d) 
        of the Immigration and Nationality Act (8 U.S.C. 1324a(d)), as 
        amended by section 6103 of this Act, including (but not limited 
        to)--
                    (A) acquiring, installing, and maintaining 
                technological equipment and systems necessary for the 
                fulfillment of the responsibilities of the Commissioner 
                under such section 274A(d), but only that portion of 
                such costs that are attributable exclusively to such 
                responsibilities; and
                    (B) responding to individuals who contest a 
                tentative nonconfirmation provided by the employment 
                eligibility verification system established under such 
                section;
            (2) provide such funds annually in advance of the 
        applicable quarter based on estimating methodology agreed to by 
        the Commissioner and the Secretary (except in such instances 
        where the delayed enactment of an annual appropriation may 
        preclude such quarterly payments); and
            (3) require an annual accounting and reconciliation of the 
        actual costs incurred and the funds provided under the 
        agreement, which shall be reviewed by the Inspectors General of 
        the Social Security Administration and the Department of 
        Homeland Security.
    (b) Continuation of Employment Verification in Absence of Timely 
Agreement.--In any case in which the agreement required under 
subsection (a) for any fiscal year beginning on or after October 1, 
2025, has not been reached as of October 1 of such fiscal year, the 
latest agreement between the Commissioner and the Secretary of Homeland 
Security providing for funding to cover the costs of the 
responsibilities of the Commissioner under section 274A(d) of the 
Immigration and Nationality Act (8 U.S.C. 1324a(d)) shall be deemed in 
effect on an interim basis for such fiscal year until such time as an 
agreement required under subsection (a) is subsequently reached, except 
that the terms of such interim agreement shall be modified by the 
Director of the Office of Management and Budget to adjust for inflation 
and any increase or decrease in the volume of requests under the 
employment eligibility verification system. In any case in which an 
interim agreement applies for any fiscal year under this subsection, 
the Commissioner and the Secretary shall, not later than October 1 of 
such fiscal year, notify the Committee on Ways and Means, the Committee 
on the Judiciary, and the Committee on Appropriations of the House of 
Representatives and the Committee on Finance, the Committee on the 
Judiciary, and the Committee on Appropriations of the Senate of the 
failure to reach the agreement required under subsection (a) for such 
fiscal year. Until such time as the agreement required under subsection 
(a) has been reached for such fiscal year, the Commissioner and the 
Secretary shall, not later than the end of each 90-day period after 
October 1 of such fiscal year, notify such Committees of the status of 
negotiations between the Commissioner and the Secretary in order to 
reach such an agreement.

SEC. 6111. FRAUD PREVENTION.

    (a) Blocking Misused Social Security Account Numbers.--The 
Secretary of Homeland Security, in consultation with the Commissioner 
of Social Security, shall establish a program in which social security 
account numbers that have been identified to be subject to unusual 
multiple use in the employment eligibility verification system 
established under section 274A(d) of the Immigration and Nationality 
Act (8 U.S.C. 1324a(d)), as amended by section 6103 of this Act, or 
that are otherwise suspected or determined to have been compromised by 
identity fraud or other misuse, shall be blocked from use for such 
system purposes unless the individual using such number is able to 
establish, through secure and fair additional security procedures, that 
the individual is the legitimate holder of the number.
    (b) Allowing Suspension of Use of Certain Social Security Account 
Numbers.--The Secretary of Homeland Security, in consultation with the 
Commissioner of Social Security, shall establish a program which shall 
provide a reliable, secure method by which victims of identity fraud 
and other individuals may suspend or limit the use of their social 
security account number or other identifying information for purposes 
of the employment eligibility verification system established under 
section 274A(d) of the Immigration and Nationality Act (8 U.S.C. 
1324a(d)), as amended by section 6103 of this Act. The Secretary may 
implement the program on a limited pilot program basis before making it 
fully available to all individuals.
    (c) Allowing Parents To Prevent Theft of Their Child's Identity.--
The Secretary of Homeland Security, in consultation with the 
Commissioner of Social Security, shall establish a program which shall 
provide a reliable, secure method by which parents or legal guardians 
may suspend or limit the use of the social security account number or 
other identifying information of a minor under their care for the 
purposes of the employment eligibility verification system established 
under 274A(d) of the Immigration and Nationality Act (8 U.S.C. 
1324a(d)), as amended by section 6103 of this Act. The Secretary may 
implement the program on a limited pilot program basis before making it 
fully available to all individuals.

SEC. 6112. USE OF EMPLOYMENT ELIGIBILITY VERIFICATION PHOTO TOOL.

    An employer who uses the photo matching tool used as part of the E-
Verify System shall match the photo tool photograph to both the 
photograph on the identity or employment eligibility document provided 
by the employee and to the face of the employee submitting the document 
for employment verification purposes.

SEC. 6113. IDENTITY AUTHENTICATION EMPLOYMENT ELIGIBILITY VERIFICATION 
              PILOT PROGRAMS.

    Not later than 24 months after the date of the enactment of this 
Act, the Secretary of Homeland Security, after consultation with the 
Commissioner of Social Security and the Director of the National 
Institute of Standards and Technology, shall establish by regulation 
not less than 2 Identity Authentication Employment Eligibility 
Verification pilot programs, each using a separate and distinct 
technology (the ``Authentication Pilots''). The purpose of the 
Authentication Pilots shall be to provide for identity authentication 
and employment eligibility verification with respect to enrolled new 
employees which shall be available to any employer that elects to 
participate in either of the Authentication Pilots. Any participating 
employer may cancel the employer's participation in the Authentication 
Pilot after one year after electing to participate without prejudice to 
future participation. The Secretary shall report to the Committee on 
the Judiciary of the House of Representatives and the Committee on the 
Judiciary of the Senate the Secretary's findings on the Authentication 
Pilots, including the authentication technologies chosen, not later 
than 12 months after commencement of the Authentication Pilots.

SEC. 6114. INSPECTOR GENERAL AUDITS.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Inspector General of the Social Security 
Administration shall complete audits of the following categories in 
order to uncover evidence of individuals who are not authorized to work 
in the United States:
            (1) Workers who dispute wages reported on their social 
        security account number when they believe someone else has used 
        such number and name to report wages.
            (2) Children's social security account numbers used for 
        work purposes.
            (3) Employers whose workers present significant numbers of 
        mismatched social security account numbers or names for wage 
        reporting.
    (b) Submission.--The Inspector General of the Social Security 
Administration shall submit the audits completed under subsection (a) 
to the Committee on Ways and Means of the House of Representatives and 
the Committee on Finance of the Senate for review of the evidence of 
individuals who are not authorized to work in the United States. The 
Chairmen of those Committees shall then determine information to be 
shared with the Secretary of Homeland Security so that such Secretary 
can investigate the unauthorized employment demonstrated by such 
evidence.

SEC. 6115. NATIONWIDE E-VERIFY AUDIT.

    Not later than 5 years after the date of enactment of this Act, the 
Secretary of Commerce shall conduct a nationwide audit of compliance 
with the requirements of section 274A(b) of the Immigration and 
Nationality Act by employers in all States, and shall report compliance 
levels on a State-by-State basis. No person may receive a visa under 
section 4005 of division B of this Act or register for the Redemption 
Program under subtitle B of title IV of such division until the 
Secretary certifies that all employers in all States are in compliance 
with the requirements of section 274A(b) of the Immigration and 
Nationality Act.

                    TITLE VII--SARAH AND GRANT'S LAW

SEC. 7101. SARAH AND GRANT'S LAW.

    (a) Detention of Aliens During Removal Proceedings.--
            (1) Clerical amendments.--
                    (A) Section 236 of the Immigration and Nationality 
                Act (8 U.S.C. 1226) is amended by striking ``Attorney 
                General'' each place it appears (except in the second 
                place that term appears in section 236(a)) and 
                inserting ``Secretary of Homeland Security''.
                    (B) Section 236(a) of such Act (8 U.S.C. 1226(a)) 
                is amended by inserting ``the Secretary of Homeland 
                Security or'' before ``the Attorney General--''.
                    (C) Section 236(e) of such Act (8 U.S.C. 1226(e)) 
                is amended by striking ``Attorney General's'' and 
                inserting ``Secretary of Homeland Security's''.
            (2) Length of detention.--Section 236 of such Act (8 U.S.C. 
        1226) is amended by adding at the end the following:
    ``(f) Length of Detention.--
            ``(1) In general.--Notwithstanding any other provision of 
        this section, an alien may be detained, and for an alien 
        described in subsection (c) shall be detained, under this 
        section without time limitation, except as provided in 
        subsection (h), during the pendency of removal proceedings.
            ``(2) Construction.--The length of detention under this 
        section shall not affect detention under section 241.''.
            (3) Detention of criminal aliens.--Section 236(c)(1) of 
        such Act (8 U.S.C. 1226(c)(1)) is amended--
                    (A) in subparagraph (C), by striking ``or'' at the 
                end;
                    (B) by inserting after subparagraph (D) the 
                following:
                    ``(E) is unlawfully present in the United States 
                and has been convicted for driving while intoxicated 
                (including a conviction for driving while under the 
                influence or impaired by alcohol or drugs) without 
                regard to whether the conviction is classified as a 
                misdemeanor or felony under State law, or
                    ``(F)(i)(I) is inadmissible under section 
                212(a)(6)(i),
                    ``(II) is deportable by reason of a visa revocation 
                under section 221(i), or
                    ``(III) is deportable under section 
                237(a)(1)(C)(i), and
                    ``(ii) has been arrested or charged with a 
                particularly serious crime or a crime resulting in the 
                death or serious bodily injury (as defined in section 
                1365(h)(3) of title 18, United States Code) of another 
                person;''; and
                    (C) by amending the matter following subparagraph 
                (F) (as added by subparagraph (B) of this paragraph) to 
                read as follows:
        ``any time after the alien is released, without regard to 
        whether an alien is released related to any activity, offense, 
        or conviction described in this paragraph; to whether the alien 
        is released on parole, supervised release, or probation; or to 
        whether the alien may be arrested or imprisoned again for the 
        same offense. If the activity described in this paragraph does 
        not result in the alien being taken into custody by any person 
        other than the Secretary, then when the alien is brought to the 
        attention of the Secretary or when the Secretary determines it 
        is practical to take such alien into custody, the Secretary 
        shall take such alien into custody.''.
            (4) Administrative review.--Section 236 of the Immigration 
        and Nationality Act (8 U.S.C. 1226), as amended by paragraph 
        (2), is further amended by adding at the end the following:
    ``(g) Administrative Review.--The Attorney General's review of the 
Secretary's custody determinations under subsection (a) for the 
following classes of aliens shall be limited to whether the alien may 
be detained, released on bond (of at least $1,500 with security 
approved by the Secretary), or released with no bond:
            ``(1) Aliens in exclusion proceedings.
            ``(2) Aliens described in section 212(a)(3) or 237(a)(4).
            ``(3) Aliens described in subsection (c).
    ``(h) Release on Bond.--
            ``(1) In general.--An alien detained under subsection (a) 
        may seek release on bond. No bond may be granted except to an 
        alien who establishes by clear and convincing evidence that the 
        alien is not a flight risk or a danger to another person or the 
        community.
            ``(2) Certain aliens ineligible.--No alien detained under 
        subsection (c) may seek release on bond.''.
            (5) Clerical amendments.--
                    (A) Section 236(a)(2)(B) of the Immigration and 
                Nationality Act (8 U.S.C. 1226(a)(2)(B)) is amended by 
                striking ``conditional parole'' and inserting 
                ``recognizance''.
                    (B) Section 236(b) of such Act (8 U.S.C. 1226(b)) 
                is amended by striking ``parole'' and inserting 
                ``recognizance''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
any alien in detention under the provisions of section 236 of the 
Immigration and Nationality Act (8 U.S.C. 1226), as so amended, or 
otherwise subject to the provisions of such section, on or after such 
date.

SEC. 7102. PENALTIES FOR ILLEGAL ENTRY OR PRESENCE.

    (a) In General.--Section 275 of the Immigration and Nationality Act 
(8 U.S.C. 1325) is amended to read as follows:

                      ``illegal entry or presence

    ``Sec. 275.  (a) In General.--
            ``(1) Illegal entry or presence.--An alien 18 years of age 
        or older shall be subject to the penalties set forth in 
        paragraph (2) if the alien--
                    ``(A) knowingly eludes, at any time or place, 
                examination or inspection by an authorized immigration, 
                customs, or agriculture officer (including by failing 
                to stop at the command of such officer);
                    ``(B) knowingly enters or crosses the border to the 
                United States and, upon examination or inspection, 
                knowingly makes a false or misleading representation or 
                the knowing concealment of a material fact (including 
                such representation or concealment in the context of 
                arrival, reporting, entry, or clearance requirements of 
                the customs laws, immigration laws, agriculture laws, 
                or shipping laws);
                    ``(C) knowingly violates the terms or conditions of 
                the alien's admission or parole into the United States 
                and has remained in violation for an aggregate period 
                of 90 days or more; or
                    ``(D) knowingly is unlawfully present in the United 
                States (as defined in section 212(a)(9)(B)(ii) subject 
                to the exceptions set forth in section 
                212(a)(9)(B)(iii)) and has remained in violation for an 
                aggregate period of 90 days or more.
            ``(2) Criminal penalties.--Any alien who violates any 
        provision under paragraph (1)--
                    ``(A) shall, for the first violation, be fined 
                under title 18, United States Code, imprisoned not more 
                than 2 years, or both;
                    ``(B) shall, for a second or subsequent violation, 
                or following an order of voluntary departure, be fined 
                under such title, imprisoned not more than 5 years (or 
                not more than 2 years in the case of a second or 
                subsequent violation of paragraph (1)(E)), or both;
                    ``(C) if the violation occurred after the alien had 
                been convicted of 3 or more misdemeanors or for a 
                felony, shall be fined under such title, imprisoned not 
                more than 10 years, or both;
                    ``(D) if the violation occurred after the alien had 
                been convicted of a felony for which the alien received 
                a term of imprisonment of not less than 30 months, 
                shall be fined under such title, imprisoned not more 
                than 20 years, or both; and
                    ``(E) if the violation occurred after the alien had 
                been convicted of a felony for which the alien received 
                a term of imprisonment of not less than 60 months, such 
                alien shall be fined under such title, imprisoned not 
                more than 25 years, or both.
            ``(3) Prior convictions.--The prior convictions described 
        in subparagraphs (C) through (E) of paragraph (2) are elements 
        of the offenses described and the penalties in such 
        subparagraphs shall apply only in cases in which the conviction 
        or convictions that form the basis for the additional penalty 
        are--
                    ``(A) alleged in the indictment or information; and
                    ``(B) proven beyond a reasonable doubt at trial or 
                admitted by the defendant.
            ``(4) Duration of offense.--An offense under this 
        subsection continues until the alien is discovered within the 
        United States by an immigration, customs, or agriculture 
        officer, or until the alien is granted a valid visa or relief 
        from removal.
            ``(5) Attempt.--Whoever attempts to commit any offense 
        under this section may be punished in the same manner as for a 
        completion of such offense.
    ``(b) Improper Time or Place; Civil Penalties.--Any alien who is 
apprehended knowingly crossing or attempting to cross the border to the 
United States at a time or place other than as designated by 
immigration officers shall be subject to a civil penalty, in addition 
to any criminal or other civil penalties that may be imposed under any 
other provision of law, in an amount equal to--
            ``(1) not less than $50 or more than $5,000 for each such 
        entry, crossing, attempted entry, or attempted crossing; or
            ``(2) not more than $25,000 if the alien had previously 
        been subject to a civil penalty under this subsection.''.
    (b) Clerical Amendment.--The table of contents for the Immigration 
and Nationality Act is amended by striking the item relating to section 
275 and inserting the following:

``Sec. 275. Illegal entry or presence.''.
    (c) Effective Dates and Applicability.--
            (1) Criminal penalties.--Section 275(a) of the Immigration 
        and Nationality Act (8 U.S.C. 1325(a)), as amended by 
        subsection (a), shall take effect 180 days after the date of 
        the enactment of this Act, and shall apply to acts, conditions, 
        or violations described in such section 275(a) that occur or 
        exist on or after such effective date.
            (2) Civil penalties.--Section 275(b) of the Immigration and 
        Nationality Act (8 U.S.C. 1325(b)), as amended by subsection 
        (a), shall take effect on the date of the enactment of this Act 
        and shall apply to acts described in such section 275(b) that 
        occur before, on, or after such date.

SEC. 7103. ILLEGAL REENTRY.

    Section 276 of the Immigration and Nationality Act (8 U.S.C. 1326) 
is amended to read as follows:

``SEC. 276. REENTRY OF REMOVED ALIEN.

    ``(a) Reentry After Removal.--
            ``(1) In general.--Any alien who has been denied admission, 
        excluded, deported, or removed, or who has departed the United 
        States while an order of exclusion, deportation, or removal is 
        outstanding, and subsequently enters, attempts to enter, 
        crosses the border to, attempts to cross the border to, or is 
        at any time found in the United States, shall be fined under 
        title 18, United States Code, imprisoned not more than 10 
        years, or both.
            ``(2) Exception.--If an alien sought and received the 
        express consent of the Secretary to reapply for admission into 
        the United States, or, with respect to an alien previously 
        denied admission and removed, the alien was not required to 
        obtain such advance consent under the Immigration and 
        Nationality Act or any prior Act, the alien shall not be 
        subject to the fine and imprisonment provided for in paragraph 
        (1).
    ``(b) Reentry of Criminal Offenders.--Notwithstanding the penalty 
provided in subsection (a), if an alien described in that subsection 
was convicted before such removal or departure--
            ``(1) for 3 or more misdemeanors or for a felony, the alien 
        shall be fined under title 18, United States Code, imprisoned 
        not more than 15 years, or both;
            ``(2) for a felony for which the alien was sentenced to a 
        term of imprisonment of not less than 30 months, the alien 
        shall be fined under such title, imprisoned not more than 20 
        years, or both;
            ``(3) for a felony for which the alien was sentenced to a 
        term of imprisonment of not less than 60 months, the alien 
        shall be fined under such title, imprisoned not more than 25 
        years, or both; or
            ``(4) for murder, rape, kidnapping, or a felony offense 
        described in chapter 77 (relating to peonage and slavery) or 
        113B (relating to terrorism) of such title, or for 3 or more 
        felonies of any kind, the alien shall be fined under such 
        title, imprisoned not more than 30 years, or both.
    ``(c) Reentry After Repeated Removal.--Any alien who has been 
denied admission, excluded, deported, or removed 3 or more times and 
thereafter enters, attempts to enter, crosses the border to, attempts 
to cross the border to, or is at any time found in the United States, 
shall be fined under title 18, United States Code, imprisoned not more 
than 20 years, or both.
    ``(d) Proof of Prior Convictions.--The prior convictions described 
in subsection (b) are elements of the crimes described, and the 
penalties in that subsection shall apply only in cases in which the 
conviction or convictions that form the basis for the additional 
penalty are--
            ``(1) alleged in the indictment or information; and
            ``(2) proven beyond a reasonable doubt at trial or admitted 
        by the defendant.
    ``(e) Reentry of Alien Removed Prior to Completion of Term of 
Imprisonment.--Any alien removed pursuant to section 241(a)(4) who 
enters, attempts to enter, crosses the border to, attempts to cross the 
border to, or is at any time found in, the United States shall be 
incarcerated for the remainder of the sentence of imprisonment which 
was pending at the time of deportation without any reduction for parole 
or supervised release unless the alien affirmatively demonstrates that 
the Secretary of Homeland Security has expressly consented to the 
alien's reentry. Such alien shall be subject to such other penalties 
relating to the reentry of removed aliens as may be available under 
this section or any other provision of law.
    ``(f) Definitions.--For purposes of this section and section 275, 
the following definitions shall apply:
            ``(1) Crosses the border to the united states.--The term 
        `crosses the border' refers to the physical act of crossing the 
        border free from official restraint.
            ``(2) Official restraint.--The term `official restraint' 
        means any restraint known to the alien that serves to deprive 
        the alien of liberty and prevents the alien from going at large 
        into the United States. Surveillance unbeknownst to the alien 
        shall not constitute official restraint.
            ``(3) Felony.--The term `felony' means any criminal offense 
        punishable by a term of imprisonment of more than 1 year under 
        the laws of the United States, any State, or a foreign 
        government.
            ``(4) Misdemeanor.--The term `misdemeanor' means any 
        criminal offense punishable by a term of imprisonment of not 
        more than 1 year under the applicable laws of the United 
        States, any State, or a foreign government.
            ``(5) Removal.--The term `removal' includes any denial of 
        admission, exclusion, deportation, or removal, or any agreement 
        by which an alien stipulates or agrees to exclusion, 
        deportation, or removal.
            ``(6) State.--The term `State' means a State of the United 
        States, the District of Columbia, and any commonwealth, 
        territory, or possession of the United States.''.

                    TITLE VIII--GANG MEMBER REMOVAL

SEC. 8101. GROUNDS OF INADMISSIBILITY AND DEPORTABILITY FOR ALIEN GANG 
              MEMBERS.

    (a) Definition of Gang Member.--Section 101(a) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)) is amended by inserting after 
paragraph (52) the following:
    ``(53)(A) The term `criminal gang' means an association of 5 or 
more individuals--
            ``(i) whose members knowingly, willingly, and collectively 
        identify themselves by adopting a group identity, which they 
        use to create an atmosphere of fear or intimidation, frequently 
        by employing one or more of the following: a common name, 
        slogan, identifying sign, symbol, tattoo or other physical 
        marking, style or color of clothing, hairstyle, hand sign or 
        graffiti;
            ``(ii) whose purpose in part is to engage in criminal 
        activity and which uses violence or intimidation to further its 
        criminal objectives; and
            ``(iii) whose members engage in criminal activity or acts 
        of juvenile delinquency that if committed by an adult would be 
        crimes with the intent to enhance or preserve the association's 
        power, reputation or economic resources.
    ``(B) The association may also possess some of the following 
characteristics:
            ``(i) The members may employ rules for joining and 
        operating within the association.
            ``(ii) The members may meet on a recurring basis.
            ``(iii) The association may provide physical protection of 
        its members from others.
            ``(iv) The association may seek to exercise control over a 
        particular geographic location or region, or it may simply 
        defend its perceived interests against rivals.
            ``(v) The association may have an identifiable structure.
    ``(C) The offenses described, whether in violation of Federal or 
State law or foreign law and regardless of whether the offenses 
occurred before, on, or after the date of the enactment of this 
paragraph, are the following:
            ``(i) A `felony drug offense' (as defined in section 102 of 
        the Controlled Substances Act (21 U.S.C. 802)).
            ``(ii) A felony offense involving firearms or explosives or 
        in violation of section 931 of title 18, United States Code 
        (relating to purchase, ownership, or possession of body armor 
        by violent felons).
            ``(iii) An offense under section 274 (relating to bringing 
        in and harboring certain aliens), section 277 (relating to 
        aiding or assisting certain aliens to enter the United States), 
        or section 278 (relating to importation of alien for immoral 
        purpose), except that this clause does not apply in the case of 
        an organization described in section 501(c)(3) of the Internal 
        Revenue Code of 1986 (26 U.S.C. 501(c)(3)) which is exempt from 
        taxation under section 501(a) of such Code.
            ``(iv) A violent crime described in section 101(a)(43)(F).
            ``(v) A crime involving obstruction of justice, tampering 
        with or retaliating against a witness, victim, or informant, or 
        perjury or subornation of perjury.
            ``(vi) Any conduct punishable under sections 1028A and 1029 
        of title 18, United States Code (relating to aggravated 
        identity theft or fraud and related activity in connection with 
        identification documents or access devices), sections 1581 
        through 1594 of such title (relating to peonage, slavery, and 
        trafficking in persons), section 1951 of such title (relating 
        to interference with commerce by threats or violence), section 
        1952 of such title (relating to interstate and foreign travel 
        or transportation in aid of racketeering enterprises), section 
        1956 of such title (relating to the laundering of monetary 
        instruments), section 1957 of such title (relating to engaging 
        in monetary transactions in property derived from specified 
        unlawful activity), or sections 2312 through 2315 of such title 
        (relating to interstate transportation of stolen motor vehicles 
        or stolen property).
            ``(vii) An attempt or conspiracy to commit an offense 
        described in this paragraph or aiding, abetting, counseling, 
        procuring, commanding, inducing, facilitating, or soliciting 
        the commission of an offense described in clauses (i) through 
        (vi).''.
    (b) Inadmissibility.--Section 212(a)(2) of such Act (8 U.S.C. 
1182(a)(2)) is amended--
            (1) in subparagraph (A)(i)--
                    (A) in subclause (I), by striking ``or'' at the 
                end; and
                    (B) by inserting after subclause (II) the 
                following:
                                    ``(III) a violation of (or a 
                                conspiracy or attempt to violate) any 
                                law or regulation of a State, the 
                                United States, or a foreign country 
                                relating to participation or membership 
                                in a criminal gang, or
                                    ``(IV) any felony or misdemeanor 
                                offense for which the alien received a 
                                sentencing enhancement predicated on 
                                knowing gang membership or conduct that 
                                promoted, furthered, aided, or 
                                supported the illegal activity of the 
                                criminal gang, except in the case of 
                                any such alien who was a minor under 
                                the age of 16 at the time of the 
                                offense, who was forced, threatened, or 
                                coerced into association with the 
                                criminal gang, who was unknowingly 
                                associated with the gang, or who acted 
                                under duress.''; and
            (2) by adding at the end the following:
                    ``(N) Aliens associated with criminal gangs.--
                            ``(i) Aliens not physically present in the 
                        united states.--In the case of an alien who is 
                        not physically present in the United States:
                                    ``(I) That alien is inadmissible if 
                                a consular officer, the Secretary of 
                                Homeland Security, or the Attorney 
                                General knows or has reasonable grounds 
                                to believe--
                                            ``(aa) to be or to have 
                                        been a member of a criminal 
                                        gang (as defined in section 
                                        101(a)(53)); or
                                            ``(bb) to have participated 
                                        in the activities of a criminal 
                                        gang (as defined in section 
                                        101(a)(53)), knowing or having 
                                        reason to know that such 
                                        activities will promote, 
                                        further, aid, or support the 
                                        illegal activity of the 
                                        criminal gang.
                                    ``(II) That alien is inadmissible 
                                if a consular officer, the Secretary of 
                                Homeland Security, or the Attorney 
                                General has reasonable grounds to 
                                believe the alien has participated in, 
                                been a member of, promoted, or 
                                conspired with a criminal gang, either 
                                inside or outside of the United States.
                                    ``(III) That alien is inadmissible 
                                if a consular officer, an immigration 
                                officer, the Secretary of Homeland 
                                Security, or the Attorney General has 
                                reasonable grounds to believe seeks to 
                                enter the United States or has entered 
                                the United States in furtherance of the 
                                activities of a criminal gang, either 
                                inside or outside of the United States.
                    ``(ii) Aliens physically present in the united 
                states.--In the case of an alien who is physically 
                present in the United States, that alien is 
                inadmissible if the alien--
                            ``(I) is a member of a criminal gang (as 
                        defined in section 101(a)(53)); or
                            ``(II) has participated in the activities 
                        of a criminal gang (as defined in section 
                        101(a)(53)), knowing or having reason to know 
                        that such activities will promote, further, 
                        aid, or support the illegal activity of the 
                        criminal gang.
                    ``(iii) Exceptions.--Clauses (i) and (ii) do not 
                apply to a spouse or child of an alien--
                            ``(I) who did not know or should not 
                        reasonably have known of the activity causing 
                        the alien to be found inadmissible under this 
                        section;
                            ``(II) whom the consular officer or 
                        Attorney General has reasonable grounds to 
                        believe has renounced the activity causing the 
                        alien to be found inadmissible under this 
                        section; or
                            ``(III) whom the consular officer or 
                        Attorney General has reasonable grounds to 
                        believe did not willingly participate in the 
                        activity of the associated gang, was under the 
                        direct control of a member, or did so under 
                        duress.''.
    (c) Deportability.--Section 237(a)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1227(a)(2)) is amended by adding at the end 
the following:
                    ``(H) Aliens associated with criminal gangs.--
                            ``(i) In general.--Any alien is deportable 
                        who--
                                    ``(I) is or has been a member of a 
                                criminal gang (as defined in section 
                                101(a)(53));
                                    ``(II) has participated in the 
                                activities of a criminal gang (as so 
                                defined), knowing or having reason to 
                                know that such activities will promote, 
                                further, aid, or support the illegal 
                                activity of the criminal gang;
                                    ``(III) has been convicted of a 
                                violation of (or a conspiracy or 
                                attempt to violate) any law or 
                                regulation of a State, the United 
                                States, or a foreign country relating 
                                to participation or membership in a 
                                criminal gang; or
                                    ``(IV) any felony or misdemeanor 
                                offense for which the alien received a 
                                sentencing enhancement predicated on 
                                gang membership or conduct that 
                                promoted, furthered, aided, or 
                                supported the illegal activity of the 
                                criminal gang.
                            ``(ii) Exception.--Clause (i) does not 
                        apply to a spouse or child of an alien--
                                    ``(I) who did not know or should 
                                not reasonably have known of the 
                                activity causing the alien to be found 
                                inadmissible under this section;
                                    ``(II) whom the consular officer or 
                                Attorney General has reasonable grounds 
                                to believe has renounced the activity 
                                causing the alien to be found 
                                inadmissible under this section; or
                                    ``(III) whom the consular officer 
                                or Attorney General has reasonable 
                                grounds to believe did not willingly 
                                participate in the activity of the 
                                associated gang, was under the direct 
                                control of a member, or did so under 
                                duress.''.
    (d) Designation.--
            (1) In general.--Chapter 2 of title II of the Immigration 
        and Nationality Act (8 U.S.C. 1182) is amended by inserting 
        after section 219 the following:

                     ``designation of criminal gang

    ``Sec. 220. 
    ``(a) Designation.--
    ``(1) In General.--The Secretary of Homeland Security, in 
consultation with the Attorney General, may designate a group, club, 
organization, or association of 5 or more persons as a criminal gang if 
the Secretary finds that their conduct is described in section 
101(a)(53).
    ``(2) Procedure.--
            ``(A) Notification.--60 days before making a designation 
        under this subsection, the Secretary shall, by classified 
        communication, notify the Speaker and Minority Leader of the 
        House of Representatives, the President pro tempore, Majority 
        Leader, and Minority Leader of the Senate, and the members of 
        the relevant committees of the House of Representatives and the 
        Senate, in writing, of the intent to designate a group, club, 
        organization, or association of 5 or more persons under this 
        subsection and the factual basis therefor.
            ``(B) Publication in the federal register.--The Secretary 
        shall publish the designation in the Federal Register seven 
        days after providing the notification under subparagraph (A).
    ``(3) Record.--
            ``(A) In general.--In making a designation under this 
        subsection, the Secretary shall create an administrative 
        record.
            ``(B) Classified information.--The Secretary may consider 
        classified information in making a designation under this 
        subsection. Classified information shall not be subject to 
        disclosure for such time as it remains classified, except that 
        such information may be disclosed to a court ex parte and in 
        camera for purposes of judicial review under subsection (c).
    ``(4) Period of Designation.--
            ``(A) In general.--A designation under this subsection 
        shall be effective for all purposes until revoked under 
        paragraph (5) or (6) or set aside pursuant to subsection (c).
            ``(B) Review of designation upon petition.--
                    ``(i) In general.--The Secretary shall review the 
                designation of a criminal gang under the procedures set 
                forth in clauses (iii) and (iv) if the designated 
                group, club, organization, or association of 5 or more 
                persons files a petition for revocation within the 
                petition period described in clause (ii).
                    ``(ii) Petition period.--For purposes of clause 
                (i)--
                            ``(I) if the designated group, club, 
                        organization, or association of 5 or more 
                        persons has not previously filed a petition for 
                        revocation under this subparagraph, the 
                        petition period begins 2 years after the date 
                        on which the designation was made; or
                            ``(II) if the designated group, club, 
                        organization, or association of 5 or more 
                        persons has previously filed a petition for 
                        revocation under this subparagraph, the 
                        petition period begins 2 years after the date 
                        of the determination made under clause (iv) on 
                        that petition.
                    ``(iii) Procedures.--Any group, club, organization, 
                or association of 5 or more persons that submits a 
                petition for revocation under this subparagraph of its 
                designation as a criminal gang must provide evidence in 
                that petition that it is not described in section 
                101(a)(53).
                    ``(iv) Determination.--
                            ``(I) In general.--Not later than 60 days 
                        after receiving a petition for revocation 
                        submitted under this subparagraph, the 
                        Secretary shall make a determination as to such 
                        revocation.
                            ``(II) Classified information.--The 
                        Secretary may consider classified information 
                        in making a determination in response to a 
                        petition for revocation. Classified information 
                        shall not be subject to disclosure for such 
                        time as it remains classified, except that such 
                        information may be disclosed to a court ex 
                        parte and in camera for purposes of judicial 
                        review under subsection (c).
                            ``(III) Publication of determination.--A 
                        determination made by the Secretary under this 
                        clause shall be published in the Federal 
                        Register.
                            ``(IV) Procedures.--Any revocation by the 
                        Secretary shall be made in accordance with 
                        paragraph (6).
            ``(C) Other review of designation.--
                    ``(i) In general.--If in a 5-year period no review 
                has taken place under subparagraph (B), the Secretary 
                shall review the designation of the criminal gang in 
                order to determine whether such designation should be 
                revoked pursuant to paragraph (6).
                    ``(ii) Procedures.--If a review does not take place 
                pursuant to subparagraph (B) in response to a petition 
                for revocation that is filed in accordance with that 
                subparagraph, then the review shall be conducted 
                pursuant to procedures established by the Secretary. 
                The results of such review and the applicable 
                procedures shall not be reviewable in any court.
                    ``(iii) Publication of results of review.--The 
                Secretary shall publish any determination made pursuant 
                to this subparagraph in the Federal Register.
    ``(5) Revocation by Act of Congress.--The Congress, by an Act of 
Congress, may block or revoke a designation made under paragraph (1).
    ``(6) Revocation Based on Change in Circumstances.--
            ``(A) In general.--The Secretary may revoke a designation 
        made under paragraph (1) at any time, and shall revoke a 
        designation upon completion of a review conducted pursuant to 
        subparagraphs (B) and (C) of paragraph (4) if the Secretary 
        finds that--
                    ``(i) the group, club, organization, or association 
                of 5 or more persons that has been designated as a 
                criminal gang is no longer described in section 
                101(a)(53); or
                    ``(ii) the national security or the law enforcement 
                interests of the United States warrants a revocation.
            ``(B) Procedure.--The procedural requirements of paragraphs 
        (2) and (3) shall apply to a revocation under this paragraph. 
        Any revocation shall take effect on the date specified in the 
        revocation or upon publication in the Federal Register if no 
        effective date is specified.
    ``(7) Effect of Revocation.--The revocation of a designation under 
paragraph (5) or (6) shall not affect any action or proceeding based on 
conduct committed prior to the effective date of such revocation.
    ``(8) Use of Designation in Trial or Hearing.--If a designation 
under this subsection has become effective under paragraph (2) an alien 
in a removal proceeding shall not be permitted to raise any question 
concerning the validity of the issuance of such designation as a 
defense or an objection.
    ``(b) Amendments to a Designation.--
            ``(1) In general.--The Secretary may amend a designation 
        under this subsection if the Secretary finds that the group, 
        club, organization, or association of 5 or more persons has 
        changed its name, adopted a new alias, dissolved and then 
        reconstituted itself under a different name or names, or merged 
        with another group, club, organization, or association of 5 or 
        more persons.
            ``(2) Procedure.--Amendments made to a designation in 
        accordance with paragraph (1) shall be effective upon 
        publication in the Federal Register. Paragraphs (2), (4), (5), 
        (6), (7), and (8) of subsection (a) shall also apply to an 
        amended designation.
            ``(3) Administrative record.--The administrative record 
        shall be corrected to include the amendments as well as any 
        additional relevant information that supports those amendments.
            ``(4) Classified information.--The Secretary may consider 
        classified information in amending a designation in accordance 
        with this subsection. Classified information shall not be 
        subject to disclosure for such time as it remains classified, 
        except that such information may be disclosed to a court ex 
        parte and in camera for purposes of judicial review under 
        subsection (c) of this section.
    ``(c) Judicial Review of Designation.--
            ``(1) In general.--Not later than 30 days after publication 
        in the Federal Register of a designation, an amended 
        designation, or a determination in response to a petition for 
        revocation, the designated group, club, organization, or 
        association of 5 or more persons may seek judicial review in 
        the United States Court of Appeals for the District of Columbia 
        Circuit.
            ``(2) Basis of review.--Review under this subsection shall 
        be based solely upon the administrative record, except that the 
        Government may submit, for ex parte and in camera review, 
        classified information used in making the designation, amended 
        designation, or determination in response to a petition for 
        revocation.
            ``(3) Scope of review.--The Court shall hold unlawful and 
        set aside a designation, amended designation, or determination 
        in response to a petition for revocation the court finds to 
        be--
                    ``(A) arbitrary, capricious, an abuse of 
                discretion, or otherwise not in accordance with law;
                    ``(B) contrary to constitutional right, power, 
                privilege, or immunity;
                    ``(C) in excess of statutory jurisdiction, 
                authority, or limitation, or short of statutory right;
                    ``(D) lacking substantial support in the 
                administrative record taken as a whole or in classified 
                information submitted to the court under paragraph (2); 
                or
                    ``(E) not in accord with the procedures required by 
                law.
            ``(4) Judicial review invoked.--The pendency of an action 
        for judicial review of a designation, amended designation, or 
        determination in response to a petition for revocation shall 
        not affect the application of this section, unless the court 
        issues a final order setting aside the designation, amended 
        designation, or determination in response to a petition for 
        revocation.
    ``(d) Definitions.--As used in this section--
            ``(1) the term `classified information' has the meaning 
        given that term in section 1(a) of the Classified Information 
        Procedures Act (18 U.S.C. App.);
            ``(2) the term `national security' means the national 
        defense, foreign relations, or economic interests of the United 
        States;
            ``(3) the term `relevant committees' means the Committees 
        on the Judiciary of the Senate and of the House of 
        Representatives; and
            ``(4) the term `Secretary' means the Secretary of Homeland 
        Security, in consultation with the Attorney General.''.
            (2) Clerical amendment.--The table of contents for such Act 
        is amended by inserting after the item relating to section 219 
        the following:

``Sec. 220. Designation of criminal gang.''.
    (e) Mandatory Detention of Criminal Gang Members.--
            (1) In general.--Section 236(c)(1) of the Immigration and 
        Nationality Act (8 U.S.C. 1226(c)(1)), as amended by this 
        division, is further amended--
                    (A) in subparagraph (E), by striking ``or'' at the 
                end;
                    (B) in subparagraph (F), by inserting ``or'' at the 
                end; and
                    (C) by inserting after subparagraph (F) the 
                following:
                    ``(G) is inadmissible under section 212(a)(2)(N) or 
                deportable under section 237(a)(2)(H),''.
            (2) Annual report.--Not later than March 1 of each year 
        (beginning 1 year after the date of the enactment of this Act), 
        the Secretary of Homeland Security, after consultation with the 
        appropriate Federal agencies, shall submit a report to the 
        Committees on the Judiciary of the House of Representatives and 
        of the Senate on the number of aliens detained under the 
        amendments made by paragraph (1).

                        TITLE IX--ASYLUM REFORM

SEC. 9101. REGIONAL PROCESSING CENTERS.

    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:

``SEC. 437. REGIONAL PROCESSING CENTERS.

    ``(a) In General.--Not later than 24 months after the effective 
date of this section, the Secretary shall establish not fewer than 4 
regional processing centers located in high traffic sectors of U.S. 
Border Patrol, as determined by the Secretary, along the southern 
border land border of the United States (referred to in this section as 
a `regional processing center').
    ``(b) Purpose.--The regional processing centers shall carry out 
processing and management activities for family units apprehended at 
the border, including--
            ``(1) criminal history checks;
            ``(2) identity verification;
            ``(3) biometrics collection and analysis;
            ``(4) medical screenings;
            ``(5) asylum interviews and credible fear determinations 
        under section 235 of the Immigration and Nationality Act (8 
        U.S.C. 1225) and reasonable fear determinations under section 
        241(b)(3)(B) of that Act (8 U.S.C. 1231(b)(3)(B));
            ``(6) facilitating coordination and communication between 
        Federal entities and nongovernmental organizations that are 
        directly involved in providing assistance to aliens;
            ``(7) legal orientation programming and communication 
        between aliens and outside legal counsel;
            ``(8) issuance of legal documents relating to immigration 
        court proceedings of aliens; and
            ``(9) any other activity the Secretary considers 
        appropriate.
    ``(c) Personnel and Living Conditions.--The regional processing 
centers shall include--
            ``(1) personnel assigned from--
                    ``(A) U.S. Customs and Border Protection;
                    ``(B) U.S. Immigration and Customs Enforcement;
                    ``(C) the Federal Emergency Management Agency;
                    ``(D) U.S. Citizenship and Immigration Services; 
                and
                    ``(E) the Office of Refugee Resettlement;
            ``(2) upon agreement with an applicable Federal agency, 
        personnel from such Federal agency who are assigned to the 
        regional processing center;
            ``(3) sufficient medical staff, including physicians 
        specializing in pediatric or family medicine, nurse 
        practitioners, and physician assistants;
            ``(4) licensed social workers;
            ``(5) mental health professionals;
            ``(6) child advocates appointed by the Secretary of Health 
        and Human Services under section 235(c)(6)(B) of the William 
        Wilberforce Trafficking Victims Protection Reauthorization Act 
        of 2008 (8 U.S.C. 1232(c)(6)(B)); and
            ``(7) sufficient space to carry out the processing and 
        management activities described in subsection (b).
    ``(d) Criminal History Checks.--Each criminal history check carried 
out under subsection (b)(1) shall be conducted using a set of 
fingerprints or other biometric identifier obtained from--
            ``(1) the Federal Bureau of Investigation;
            ``(2) the criminal history repositories of all States that 
        the individual listed as a current or former residence; and
            ``(3) any other appropriate Federal or State database 
        resource or repository, as determined by the Secretary.
    ``(e) Exceptions for Additional Purposes.--Subject to operational 
and spatial availability, in the event of a major disaster or emergency 
declared under the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.) or any homeland security crisis 
requiring the establishment of a departmental Joint Task Force under 
section 708(b), the Secretary may temporarily utilize a regional 
processing center to carry out operations relating to such declaration 
or crisis.
    ``(f) Donations.--The Department may accept donations from private 
entities, nongovernmental organizations, and other groups independent 
of the Federal Government for the care of children and family units 
detained at a regional processing center, including--
            ``(1) medical goods and services;
            ``(2) school supplies;
            ``(3) toys;
            ``(4) clothing; and
            ``(5) any other item intended to promote the well-being of 
        such children and family units.
    ``(g) Access to Facilities for Private Entities and Nongovernmental 
Organizations.--
            ``(1) In general.--Private entities and nongovernmental 
        organizations that are directly involved in providing 
        humanitarian or legal assistance to families and individuals 
        encountered by the Department along the southwest border of the 
        United States, or organizations that provide assistance to 
        detained individuals, shall have access to regional processing 
        centers for purposes of--
                    ``(A) legal orientation programming;
                    ``(B) coordination with the Department with respect 
                to the care of families and individuals held in 
                regional processing centers, including the care of 
                families and individuals who are released or scheduled 
                to be released;
                    ``(C) communication between aliens and outside 
                legal counsel;
                    ``(D) the provision of humanitarian assistance; and
                    ``(E) any other purpose the Secretary considers 
                appropriate.
            ``(2) Access plan.--Not later than 60 days after the date 
        of the enactment of this section, the Secretary shall publish 
        in the Federal Register procedures relating to access to 
        regional processing centers under paragraph (1) that ensure--
                    ``(A) the safety of personnel of, and aliens 
                detained in, regional processing centers; and
                    ``(B) the orderly management and operation of 
                regional processing centers.
    ``(h) Legal Counsel.--Aliens detained in a regional processing 
center shall have access to legal counsel in accordance with section 
292 of the Immigration and Nationality Act (8 U.S.C. 1362), including 
the opportunity to consult with counsel before any legally 
determinative aspect of the asylum process occurs.
    ``(i) Procedures To Facilitate Communication With Counsel.--The 
Secretary shall develop written procedures to permit aliens detained in 
a regional processing center to visit with, and make confidential 
telephone calls to, legal representatives and legal services providers 
and to receive incoming calls from legal representatives and legal 
services providers, in a private and confidential space while in 
custody, for the purposes of retaining or consulting with counsel or 
obtaining legal advice from legal services providers.
    ``(j) Legal Orientation.--
            ``(1) In general.--An alien detained in a regional 
        processing center shall be provided the opportunity to receive 
        a complete legal orientation presentation administered by a 
        nongovernmental organization in cooperation with the Executive 
        Office for Immigration Review.
            ``(2) Timeline.--
                    ``(A) In general.--The Secretary shall prioritize 
                the provision of the legal orientation presentation 
                required by paragraph (1) to an alien within 12 hours 
                of apprehension.
                    ``(B) Requirement.--In the case of an alien who 
                does not receive such legal orientation presentation 
                within 12 hours of apprehension, the Secretary shall 
                ensure that the alien receives the presentation--
                            ``(i) not later than 24 hours after 
                        apprehension; and
                            ``(ii) not less than 24 hours before the 
                        alien initially appears before an asylum 
                        officer or immigration judge in connection with 
                        a claim for asylum.
    ``(k) Management of Regional Processing Centers.--
            ``(1) Operation.--The Commissioner of U.S. Customs and 
        Border Protection, in consultation with the interagency 
        coordinating council established under paragraph (2), shall 
        operate the regional processing centers.
            ``(2) Interagency coordinating committee.--
                    ``(A) Establishment.--There is established an 
                interagency coordinating committee for the purpose of 
                coordinating operations and management of the regional 
                processing centers.
                    ``(B) Membership.--The interagency coordinating 
                committee shall be chaired by the Commissioner of U.S. 
                Customs and Border Protection, or his or her designee, 
                and shall include representatives designated by the 
                heads of the following agencies:
                            ``(i) U.S. Immigration and Customs 
                        Enforcement.
                            ``(ii) The Federal Emergency Management 
                        Agency.
                            ``(iii) U.S. Citizenship and Immigration 
                        Services.
                            ``(iv) The Office of Refugee Resettlement.
                            ``(v) Any other agency that supplies 
                        personnel to the regional processing centers, 
                        upon agreement between the Commissioner of U.S. 
                        Customs and Border Protection and the head of 
                        such other agency.''.

SEC. 9102. CODIFICATION OF FLORES SETTLEMENT.

    Except as otherwise provided in this Act and the amendments made by 
this Act, the stipulated settlement agreement filed in the United 
States District Court for the Central District of California on January 
17, 1997 (CV 85-4544-RJK) (commonly known as the ``Flores settlement 
agreement''), shall apply hereafter to the detention and custody of 
minor aliens and their family members subject to detention in the 
United States under the Immigration and Nationality Act (8 U.S.C. 1101 
et seq.).

SEC. 9103. EXPEDITED ASYLUM ADJUDICATIONS.

    (a) In General.--Notwithstanding any other provision of law, in the 
case of an application for asylum under section 208 of the Immigration 
and Nationality Act made by an alien who is traveling with the spouse 
or child of that alien, of by an unaccompanied alien child (as such 
term is defined in section 462(g) of the Homeland Security Act of 
2002), such an application shall be given priority in processing and 
consideration, including in accordance with the requirements of this 
section.
    (b) Prioritization; Discretion To Waive.--Except as otherwise 
provided in this section, an application described in subsection (a) 
shall be processed and considered by an immigration judge prior to any 
other application for asylum under the immigration laws based on the 
month that the application was filed, starting with the most recent 
month and working backwards. The Attorney General may temporarily waive 
the application of this subsection on a case by case basis for purposes 
of relieving any backlog in processing applications for asylum. The 
Attorney General shall take such actions as may be practicable to 
commence a hearing not later than 45 days after the application is 
received.
    (c) Hearing.--In the case of any applicant described in subsection 
(a) who is being held at a regional processing center, not later than 
180 days after that applicant's arrival and processing, there shall be 
a hearing on the asylum application of such applicant before an 
immigration judge. Such hearings may be conducted via teleconference.
    (d) Program To Provide Necessities.--The Director of the Office of 
Refugee Resettlement shall establish a program to, using refugee 
resettlement community and faith-based organizations and nonprofits, 
provide necessities for any applicant described in subsection (a) 
awaiting a hearing before an immigration judge, including housing, 
basic necessities, access to medical care, access to mental treatment 
resources, and legal orientation programs.
    (e) Tracking.--The Family Case Management Program may be used in 
certain situations in which a hearing may be anticipated to take longer 
than 150 days to conclude, or in cases where remaining in a Regional 
Processing Center would cause unreasonable hardship on an individual, 
such as cases involving a disability, injury, a pregnant woman or girl, 
nursing mother, an elderly person, a survivor of torture and trauma, a 
survivor of gender-based violence or other violent crimes, a victims of 
trafficking, or other special circumstances as determined by the 
Attorney General. Any applicant given priority under this section who 
is an adult, parent, or legal guardian, shall wear an electronic 
monitoring device and shall check in on a weekly basis using automated 
telephone technology that confirms a caller's identity and location. An 
electronic monitoring device shall be used in the case of--
            (1) any alien affirmatively claiming asylum as a defense 
        against removal;
            (2) any alien the Secretary of Homeland Security determines 
        to be a flight risk;
            (3) any alien who violates requirements under the Family 
        Case Management Program; or
            (4) any alien who satisfies such additional criteria as the 
        Secretary may establish.
    (f) Contracting for Goods and Services.--The Attorney General is 
authorized to enter into contracts with or award grants to nonprofit 
agencies providing direct services and goods to asylum seekers.
    (g) Counsel.--The Attorney General shall take steps to provide for 
the appointment of counsel for vulnerable populations and in 
particularly complex cases. For purposes of this section, the term 
``vulnerable'' means, in the case of an alien, that circumstances exist 
in the case of that alien that may require that the Secretary of 
Homeland Security engage in additional intervention, assistance, and 
care, including that the alien is--
            (1) an unaccompanied or separated child;
            (2) a child accompanied by a parent, other family member, 
        or guardian;
            (3) a pregnant woman or girl, or a nursing mother;
            (4) the sole or primary caregiver of a dependent child, 
        elderly person, or person with disability;
            (5) a woman at risk of sexual or gender-based violence, 
        exploitation, or abuse;
            (6) a person at risk of violence due to their sexual 
        orientation or gender identify;
            (7) a person at risk of suicide;
            (8) a person with a disability;
            (9) an elderly person;
            (10) a person with substance addiction;
            (11) a person who is destitute;
            (12) a survivor of torture and trauma;
            (13) a survivor of sexual or gender-based violence or other 
        violent crimes;
            (14) a victim of trafficking; or
            (15) a stateless person.

SEC. 9104. RECORDING EXPEDITED REMOVAL AND CREDIBLE FEAR INTERVIEWS.

    (a) In General.--The Secretary of Homeland Security shall establish 
quality assurance procedures and take steps to effectively ensure that 
questions by employees of the Department of Homeland Security 
exercising expedited removal authority under section 235(b) of the 
Immigration and Nationality Act (8 U.S.C. 1225(b)) are asked in a 
uniform manner, to the extent possible, and that both these questions 
and the answers provided in response to them are recorded in a uniform 
fashion.
    (b) Factors Relating to Sworn Statements.--Where practicable, any 
sworn or signed written statement taken of an alien as part of the 
record of a proceeding under section 235(b)(1)(A) of the Immigration 
and Nationality Act (8 U.S.C. 1225(b)(1)(A)) shall be accompanied by a 
recording of the interview which served as the basis for that sworn 
statement.
    (c) Interpreters.--The Secretary shall ensure that a fluent 
interpreter, not affiliated with the government of the country from 
which the alien may claim asylum, is used when the interviewing officer 
does not speak a language that the alien is fluent in speaking.
    (d) Recordings in Immigration Proceedings.--There shall be an audio 
or audio visual recording of interviews of aliens subject to expedited 
removal. The recording shall be included in the record of proceeding 
and shall be considered as evidence in any further proceedings 
involving the alien.

SEC. 9105. RENUNCIATION OF ASYLUM STATUS PURSUANT TO RETURN TO HOME 
              COUNTRY.

    (a) In General.--Section 208(c) of the Immigration and Nationality 
Act (8 U.S.C. 1158(c)) is amended by adding at the end the following 
new paragraph:
            ``(4) Renunciation of status pursuant to return to home 
        country.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), any alien who is granted asylum 
                status under this Act, who, absent changed country 
                conditions, subsequently returns to the country of such 
                alien's nationality or, in the case of an alien having 
                no nationality, returns to any country in which such 
                alien last habitually resided, and who applied for such 
                status because of persecution or a well-founded fear of 
                persecution in that country on account of race, 
                religion, nationality, membership in a particular 
                social group, or political opinion, shall have his or 
                her status terminated.
                    ``(B) Waiver.--The Secretary has discretion to 
                waive subparagraph (A) if it is established to the 
                satisfaction of the Secretary that the alien had a 
                compelling reason for the return. The waiver may be 
                sought prior to departure from the United States or 
                upon return.''.
    (b) Conforming Amendment.--Section 208(c)(3) of the Immigration and 
Nationality Act (8 U.S.C. 1158(c)(3)) is amended by inserting after 
``paragraph (2)'' the following: ``or (4)''.

SEC. 9106. NOTICE CONCERNING FRIVOLOUS ASYLUM APPLICATIONS.

    (a) In General.--Section 208(d)(4) of the Immigration 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 appears 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 application.''.
    (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:
                    ``(A) If the Attorney General determines 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 application;
                    ``(B) An application is frivolous 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 knowingly 
                        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 regulations issued pursuant 
                        to paragraph (2); or
                            ``(ii) any of the material elements are 
                        knowingly fabricated.
                    ``(C) In determining that an application is 
                frivolous, the Secretary or the Attorney General, must 
                be satisfied that the applicant, during the course of 
                the proceedings, has had sufficient opportunity to 
                clarify any discrepancies or implausible aspects of the 
                claim.
                    ``(D) 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 
                Convention Against Torture.''.

SEC. 9107. ANTI-FRAUD INVESTIGATIVE WORK PRODUCT.

    (a) Asylum Credibility Determinations.--Section 208(b)(1)(B)(iii) 
of the Immigration and Nationality Act (8 U.S.C. 1158(b)(1)(B)(iii)) is 
amended by inserting after ``all relevant factors'' the following: ``, 
including statements made to, and investigative reports prepared by, 
immigration authorities and other government officials''.
    (b) Relief for Removal Credibility Determinations.--Section 
240(c)(4)(C) of the Immigration and Nationality Act (8 U.S.C. 
1229a(c)(4)(C)) is amended by inserting after ``all relevant factors'' 
the following: ``, including statements made to, and investigative 
reports prepared by, immigration authorities and other government 
officials''.

SEC. 9108. PENALTIES FOR ASYLUM FRAUD.

    Section 1001 of title 18, United States Code, is amended by 
inserting at the end of the paragraph--
    ``(d) Whoever, in any matter before the Secretary of Homeland 
Security or the Attorney General pertaining to asylum under section 208 
of the Immigration and Nationality Act or withholding of removal under 
section 241(b)(3) of such Act, knowingly and willfully--
            ``(1) makes any materially false, fictitious, or fraudulent 
        statement or representation; or
            ``(2) makes or uses any false writings or document knowing 
        the same to contain any materially false, fictitious, or 
        fraudulent statement or entry,
shall be fined under this title or imprisoned not more than 10 years, 
or both.''.

SEC. 9109. STATUTE OF LIMITATIONS FOR ASYLUM FRAUD.

    Section 3291 of title 18, United States Code, is amended--
            (1) by striking ``1544,'' and inserting ``1544, and section 
        1546,''; and
            (2) by striking ``offense.'' and inserting ``offense or 
        within 10 years after the fraud is discovered.''.

SEC. 9110. STANDARD OPERATING PROCEDURES; FACILITIES STANDARDS.

    (a) Standard Operating Procedures.--Section 411(k)(1) of the 
Homeland Security Act of 2002 (6 U.S.C. 211(k)) is amended--
            (1) in subparagraph (D), by striking ``and'' at the end;
            (2) in subparagraph (E)(iv), by striking the period at the 
        end and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(F) standard operating procedures regarding the 
                detection, interdiction, inspection, processing, or 
                transferring of alien children that officers and agents 
                of U.S. Customs and Border Protection shall employ in 
                the execution of their duties.''.
    (b) Facilities Standards.--
            (1) Initial review and update.--Not later than 270 days 
        after the date of the enactment of this Act, the Secretary 
        shall review and update the regulations under part 115 of title 
        6, Code of Federal Regulations, that set standards to prevent, 
        detect, and respond to sexual abuse and assault in immigration 
        detention facilities and other holding facilities under the 
        jurisdiction of the Department of Homeland Security.
            (2) Quadrennial review.--The Secretary shall review and 
        update the regulations referred to in paragraph (1) not less 
        frequently than once every 4 years.

SEC. 9111. CRIMINAL BACKGROUND CHECKS FOR SPONSORS OF UNACCOMPANIED 
              ALIEN CHILDREN.

    (a) In General.--Section 235(c) of the William Wilberforce 
Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 
1232(c)) is amended--
            (1) in paragraph (3)--
                    (A) in subparagraph (A), in the first sentence, by 
                striking ``subparagraph (B)'' and inserting 
                ``subparagraphs (B) and (C)'';
                    (B) by redesignating subparagraphs (B) and (C) as 
                subparagraphs (C) and (D), respectively;
                    (C) by inserting after subparagraph (A) the 
                following:
                    ``(B) Criminal background checks.--
                            ``(i) In general.--Before placing an 
                        unaccompanied alien child with an individual, 
                        the Secretary of Health and Human Services 
                        shall--
                                    ``(I) conduct a criminal history 
                                background check on the individual and 
                                each adult member of the individual's 
                                household; and
                                    ``(II) if appropriate, collect 
                                biometric samples in connection with 
                                any such background check.
                            ``(ii) Scope.--
                                    ``(I) In general.--Each biometric 
                                criminal history background check 
                                required under clause (i) shall be 
                                conducted through--
                                            ``(aa) the Federal Bureau 
                                        of Investigation;
                                            ``(bb) criminal history 
                                        repositories of each State the 
                                        individual lists as a current 
                                        or former residence; and
                                            ``(cc) any other Federal or 
                                        State database or repository 
                                        the Secretary of Health and 
                                        Human Services considers 
                                        appropriate.
                                    ``(II) Use of rapid dna 
                                instruments.--DNA analysis of a DNA 
                                sample collected under subclause (I) 
                                may be carried out with Rapid DNA 
                                instruments (as defined in section 3(c) 
                                of the DNA Analysis Backlog Elimination 
                                Act of 2000 (34 U.S.C. 40702(c))).
                                    ``(III) Limitation on use of 
                                biometric samples.--The Secretary of 
                                Health and Human Services may not 
                                release a fingerprint or DNA sample 
                                collected, or disclose the results of a 
                                fingerprint or DNA analysis conducted 
                                under this subparagraph, or any other 
                                information obtained pursuant to this 
                                section, to the Department of Homeland 
                                Security for any immigration 
                                enforcement purpose.
                                    ``(IV) Access to information 
                                through the department of homeland 
                                security.--Not later than 14 days after 
                                receiving a request from the Secretary 
                                of Health and Human Services, the 
                                Secretary of Homeland Security shall 
                                provide information necessary to 
                                conduct suitability assessments from 
                                appropriate Federal, State, and local 
                                law enforcement and immigration 
                                databases.
                            ``(iii) Prohibition on placement with 
                        individuals convicted of certain offenses.--The 
                        Secretary of Health and Human Services may not 
                        place an unaccompanied alien child in the 
                        custody or household of an individual who has 
                        been convicted of, or is currently being tried 
                        for--
                                    ``(I) a sex offense (as defined in 
                                section 111 of the Sex Offender 
                                Registration and Notification Act (34 
                                U.S.C. 20911));
                                    ``(II) a crime involving severe 
                                forms of trafficking in persons (as 
                                defined in section 103 of the 
                                Trafficking Victims Protection Act of 
                                2000 (22 U.S.C. 7102));
                                    ``(III) a crime of domestic 
                                violence (as defined in section 
                                40002(a) of the Violence Against Women 
                                Act (34 U.S.C. 12291(a)));
                                    ``(IV) a crime of child abuse and 
                                neglect (as defined in section 3 of the 
                                Child Abuse Prevention and Treatment 
                                Act (Public Law 93-247; 42 U.S.C. 5101 
                                note));
                                    ``(V) murder, manslaughter, or an 
                                attempt to commit murder or 
                                manslaughter (within the meanings of 
                                such terms in sections 1111, 1112, and 
                                1113 of title 18, United States Code); 
                                or
                                    ``(VI) a crime involving receipt, 
                                distribution, or possession of a visual 
                                depiction of a minor engaging in 
                                sexually explicit conduct (within the 
                                meanings of such terms in section 2252 
                                of title 18, United States Code).''; 
                                and
                    (D) by adding at the end the following:
                    ``(E) Well-being follow-up calls.--Not later than 
                30 days after the date on which an unaccompanied alien 
                child is released from the custody of the Secretary of 
                Health and Human Services, and every 60 days thereafter 
                until the date on which a final decision has been 
                issued in the removal proceedings of the child or such 
                proceedings are terminated, the Secretary shall conduct 
                a follow-up telephone call with the unaccompanied alien 
                child and the child's custodian or the primary point of 
                contact for any other entity with which the child was 
                placed.
                    ``(F) Change of address.--The Secretary of Health 
                and Human Services shall--
                            ``(i) require each custodian with whom an 
                        unaccompanied alien child is placed under this 
                        subsection to notify the Secretary with respect 
                        to any change in the unaccompanied alien 
                        child's physical or mailing address, including 
                        any situation in which the unaccompanied alien 
                        child permanently departs the custodian's 
                        residence, not later than 7 days after the date 
                        on which such change or departure occurs; and
                            ``(ii) develop and implement a system that 
                        permits custodians to submit notifications 
                        electronically with respect to a change of 
                        address.''.
    (b) Collection and Compilation of Statistical Information.--Section 
462(b)(1)(K) of the Homeland Security Act of 2002 (6 U.S.C. 
279(b)(1)(K)) is amended by striking ``; and'' and inserting ``, 
including--
                            ``(i) the average length of time from 
                        apprehension to the child's master calendar 
                        hearing, organized by the fiscal year in which 
                        the children were apprehended by U.S. Customs 
                        and Border Protection;
                            ``(ii) the number of children identified 
                        under clause (i) who did and did not appear at 
                        master calendar hearings, including the 
                        percentage of children in each category who 
                        were represented by counsel;
                            ``(iii) the average length of time from 
                        apprehension to the child's merits hearing, 
                        organized by the fiscal year in which the 
                        children were apprehended by U.S. Customs and 
                        Border Protection;
                            ``(iv) the number of children identified 
                        under clause (i) who did and did not appear at 
                        merits hearings, including the percentage of 
                        children in each category who are represented 
                        by counsel; and
                            ``(v) the total number of well-being 
                        follow-up calls conducted under section 235 of 
                        the William Wilberforce Trafficking Victims 
                        Protection Reauthorization Act of 2008 (8 
                        U.S.C. 1232(c)(3)(E)) at each time interval 
                        following placement with a custodian or other 
                        entity, and the number of children that the 
                        Secretary of Health and Human Services is 
                        unable to contact at each interval, organized 
                        by the fiscal year in which the children were 
                        apprehended by U.S. Customs and Border 
                        Protection; and''.

SEC. 9112. FRAUD IN CONNECTION WITH THE TRANSFER OF CUSTODY OF 
              UNACCOMPANIED ALIEN CHILDREN.

    (a) In General.--Chapter 47 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1041. Fraud in connection with the transfer of custody of 
              unaccompanied alien children
    ``(a) In General.--It shall be unlawful for a person to obtain 
custody of an unaccompanied alien child (as defined in section 462(g) 
of the Homeland Security Act of 2002 (6 U.S.C. 279(g)))--
            ``(1) by making any materially false, fictitious, or 
        fraudulent statement or representation; or
            ``(2) by making or using any false writing or document with 
        the knowledge that such writing or document contains any 
        materially false, fictitious, or fraudulent statement or entry.
    ``(b) Penalties.--
            ``(1) In general.--Any person who violates, or attempts or 
        conspires to violate, subsection (a) shall be fined under this 
        title and imprisoned for not less than 1 year.
            ``(2) Enhanced penalty for trafficking.--If the primary 
        purpose of a violation, attempted violation, or conspiracy to 
        violate this section was to subject the child to sexually 
        explicit activity or any other form of exploitation, the 
        offender shall be fined under this title and imprisoned for not 
        less than 15 years.''.
    (b) Clerical Amendment.--The chapter analysis for chapter 47 of 
title 18, United States Code, is amended by adding at the end the 
following:

``1041. Fraud in connection with the transfer of custody of 
                            unaccompanied alien children.''.

SEC. 9113. HIRING AUTHORITY.

    (a) U.S. Immigration and Customs Enforcement.--
            (1) In general.--The Director of U.S. Immigration and 
        Customs Enforcement shall hire, train, and assign--
                    (A) not fewer than 300 Enforcement and Removal 
                Operations support personnel to address case management 
                responsibilities relating to aliens apprehended along 
                the southwest border, and the operation of regional 
                processing centers established under section 437(a) of 
                the Homeland Security Act of 2002;
                    (B) not fewer than 128 attorneys in the Office of 
                the Principal Legal Advisor; and
                    (C) not fewer than 41 support staff within the 
                Office of the Principal Legal Advisor to assist 
                immigration judges within the Executive Office for 
                Immigration Review with removal, asylum, and custody 
                determination proceedings.
            (2) GAO review and report relating to staffing needs.--
                    (A) Review.--The Comptroller General of the United 
                States shall conduct a review of--
                            (i) U.S. Immigration and Customs 
                        Enforcement activities and staffing needs 
                        related to irregular migration influx events 
                        along the southwest border during fiscal years 
                        2014, 2019, and 2021, including--
                                    (I) the total number of aliens 
                                placed in removal proceedings in 
                                connection with such irregular 
                                migration influx events;
                                    (II) the number of hours dedicated 
                                to responding to irregular migration 
                                influx events by Enforcement and 
                                Removal Operations officers, 
                                Enforcement and Removal Operations 
                                support personnel, attorneys within the 
                                Office of the Principal Legal Advisor, 
                                and support staff within the Office of 
                                the Principal Legal Advisor; and
                                    (III) the impact that response to 
                                such irregular migration influx events 
                                had on the ability of U.S. Immigration 
                                and Customs Enforcement to carry out 
                                other aspects of its mission, including 
                                the regular transport of migrants from 
                                U.S. Customs and Border Protection 
                                facilities to U.S. Immigration and 
                                Customs Enforcement facilities; and
                            (ii) staffing levels within the Office of 
                        the Principal Legal Advisor, U.S. Immigration 
                        and Customs Enforcement, including the impact 
                        such staffing levels have on docketing of cases 
                        within the Executive Office for Immigration 
                        Review.
                    (B) Report.--Not later than 1 year after the date 
                of the enactment of this Act, the Comptroller General 
                shall submit to the appropriate committees of Congress 
                a report that describes the results of the review 
                conducted under subparagraph (A).
    (b) Executive Office for Immigration Review.--The Director of the 
Executive Office for Immigration Review shall hire, train, and assign 
not fewer than 150 new Immigration Judge teams, including staff 
attorneys and all applicable support staff for such Immigration Judge 
teams.
    (c) U.S. Citizenship and Immigration Services.--The Director of 
U.S. Citizenship and Immigration Services shall hire, train, and assign 
not fewer than 300 asylum officers.

  TITLE X--RULE OF LAW, SECURITY, AND ECONOMIC DEVELOPMENT IN CENTRAL 
                                AMERICA

     Subtitle A--Promoting the Rule of Law, Security, and Economic 
                     Development in Central America

SEC. 10101. UNITED STATES STRATEGY FOR ENGAGEMENT IN CENTRAL AMERICA.

    (a) In General.--The Secretary of State shall implement a 4-year 
strategy, to be known as the ``United States Strategy for Engagement in 
Central America'' (referred to in this subtitle as the ``Strategy'')--
            (1) to advance reforms in Central America; and
            (2) to address the key factors contributing to the flight 
        of families, unaccompanied noncitizen children, and other 
        individuals from Central America to the United States.
    (b) Elements.--The Strategy shall include efforts--
            (1) to strengthen democratic governance, accountability, 
        transparency, and the rule of law;
            (2) to combat corruption and impunity;
            (3) to improve access to justice;
            (4) to bolster the effectiveness and independence of 
        judicial systems and public prosecutors' offices;
            (5) to improve the effectiveness of civilian police forces;
            (6) to confront and counter the violence, extortion, and 
        other crimes perpetrated by armed criminal gangs, illicit 
        trafficking organizations, and organized crime, while 
        disrupting recruitment efforts by such organizations;
            (7) to disrupt money laundering and other illicit financial 
        operations of criminal networks, armed gangs, illicit 
        trafficking organizations, and human smuggling networks;
            (8) to promote greater respect for internationally 
        recognized human rights, labor rights, fundamental freedoms, 
        and the media;
            (9) to enhance accountability for government officials, 
        including police and security force personnel, who are credibly 
        alleged to have committed serious violations of human rights or 
        other crimes;
            (10) to enhance the capability of governments in Central 
        America to protect and provide for vulnerable and at-risk 
        populations;
            (11) to address the underlying causes of poverty and 
        inequality and the constraints to inclusive economic growth in 
        Central America; and
            (12) to prevent and respond to endemic levels of sexual, 
        gender-based, and domestic violence.
    (c) Coordination and Consultation.--In implementing the Strategy, 
the Secretary of State shall--
            (1) coordinate with the Secretary of the Treasury, the 
        Secretary of Defense, the Secretary, the Attorney General, the 
        Administrator of the United States Agency for International 
        Development, and the Chief Executive Officer of the United 
        States Development Finance Corporation; and
            (2) consult with the Director of National Intelligence, 
        national and local civil society organizations in Central 
        America and the United States, and the governments of Central 
        America.
    (d) Support for Central American Efforts.--To the degree feasible, 
the Strategy shall support or complement efforts being carried out by 
the Governments of El Salvador, of Guatemala, and of Honduras, in 
coordination with bilateral and multilateral donors and partners, 
including the Inter-American Development Bank.

SEC. 10102. SECURING SUPPORT OF INTERNATIONAL DONORS AND PARTNERS.

    (a) Plan.--The Secretary of State shall implement a 4-year plan--
            (1) to secure support from international donors and 
        regional partners to enhance the implementation of the 
        Strategy;
            (2) to identify governments that are willing to provide 
        financial and technical assistance for the implementation of 
        the Strategy and the specific assistance that will be provided; 
        and
            (3) to identify and describe the financial and technical 
        assistance to be provided by multilateral institutions, 
        including the Inter-American Development Bank, the World Bank, 
        the International Monetary Fund, the Andean Development 
        Corporation-Development Bank of Latin America, and the 
        Organization of American States.
    (b) Diplomatic Engagement and Coordination.--The Secretary of 
State, in coordination with the Secretary of the Treasury, as 
appropriate, shall--
            (1) carry out diplomatic engagement to secure contributions 
        of financial and technical assistance from international donors 
        and partners in support of the Strategy; and
            (2) take all necessary steps to ensure effective 
        cooperation among international donors and partners supporting 
        the Strategy.

SEC. 10103. COMBATING CORRUPTION, STRENGTHENING THE RULE OF LAW, AND 
              CONSOLIDATING DEMOCRATIC GOVERNANCE.

    The Secretary of State and the Administrator of the United States 
Agency for International Development are authorized--
            (1) to combat corruption in Central America by supporting--
                    (A) Inspectors General and oversight institutions, 
                including--
                            (i) support for multilateral support 
                        missions for key ministries, including 
                        ministries responsible for tax, customs, 
                        procurement, and citizen security; and
                            (ii) relevant training for inspectors and 
                        auditors;
                    (B) multilateral support missions against 
                corruption and impunity;
                    (C) civil society organizations conducting 
                oversight of executive and legislative branch officials 
                and functions, police and security forces, and judicial 
                officials and public prosecutors; and
                    (D) the enhancement of freedom of information 
                mechanisms;
            (2) to strengthen the rule of law in Central America by 
        supporting--
                    (A) Attorney General offices, public prosecutors, 
                and the judiciary, including enhancing investigative 
                and forensics capabilities;
                    (B) an independent, merit-based selection processes 
                for judges and prosecutors, independent internal 
                controls, and relevant ethics and professional 
                training, including training on sexual, gender-based, 
                and domestic violence;
                    (C) improved victim, witness, and whistleblower 
                protection and access to justice; and
                    (D) reforms to and the improvement of prison 
                facilities and management;
            (3) to consolidate democratic governance in Central America 
        by supporting--
                    (A) reforms of civil services, related training 
                programs, and relevant laws and processes that lead to 
                independent, merit-based selection processes;
                    (B) national legislatures and their capacity to 
                conduct oversight of executive branch functions;
                    (C) reforms to, and strengthening of, political 
                party and campaign finance laws and electoral 
                tribunals; and
                    (D) local governments and their capacity to provide 
                critical safety, education, health, and sanitation 
                services to citizens; and
            (4) to defend human rights by supporting--
                    (A) human rights ombudsman offices;
                    (B) government protection programs that provide 
                physical protection and security to human rights 
                defenders, journalists, trade unionists, 
                whistleblowers, and civil society activists who are at 
                risk;
                    (C) civil society organizations that promote and 
                defend human rights; and
                    (D) civil society organizations that address 
                sexual, gender-based, and domestic violence, and that 
                protect victims of such violence.

SEC. 10104. COMBATING CRIMINAL VIOLENCE AND IMPROVING CITIZEN SECURITY.

    The Secretary of State and the Administrator of the United States 
Agency for International Development are authorized--
            (1) to counter the violence and crime perpetrated by armed 
        criminal gangs, illicit trafficking organizations, and human 
        smuggling networks in Central America by providing assistance 
        to civilian law enforcement, including support for--
                    (A) the execution and management of complex, multi-
                actor criminal cases;
                    (B) the enhancement of intelligence collection 
                capacity, and training on civilian intelligence 
                collection (including safeguards for privacy and basic 
                civil liberties), investigative techniques, forensic 
                analysis, and evidence preservation;
                    (C) community policing policies and programs;
                    (D) the enhancement of capacity to identify, 
                investigate, and prosecute crimes involving sexual, 
                gender-based, and domestic violence; and
                    (E) port, airport, and border security officials, 
                agencies and systems, including--
                            (i) the professionalization of immigration 
                        personnel;
                            (ii) improvements to computer 
                        infrastructure and data management systems, 
                        secure communications technologies, 
                        nonintrusive inspection equipment, and radar 
                        and aerial surveillance equipment; and
                            (iii) assistance to canine units;
            (2) to disrupt illicit financial networks in Central 
        America, including by supporting--
                    (A) finance ministries, including the imposition of 
                financial sanctions to block the assets of individuals 
                and organizations involved in money laundering or the 
                financing of armed criminal gangs, illicit trafficking 
                networks, human smuggling networks, or organized crime;
                    (B) financial intelligence units, including the 
                establishment and enhancement of anti-money laundering 
                programs; and
                    (C) the reform of bank secrecy laws;
            (3) to assist in the professionalization of civilian police 
        forces in Central America by supporting--
                    (A) reforms with respect to personnel recruitment, 
                vetting, and dismissal processes, including the 
                enhancement of polygraph capability for use in such 
                processes;
                    (B) Inspectors General and oversight offices, 
                including relevant training for inspectors and 
                auditors, and independent oversight mechanisms, as 
                appropriate; and
                    (C) training and the development of protocols 
                regarding the appropriate use of force and human 
                rights; and
            (4) to improve crime prevention and to reduce violence, 
        extortion, child recruitment into gangs, and sexual slavery by 
        supporting--
                    (A) the improvement of child protection systems;
                    (B) the enhancement of programs for at-risk youth, 
                including the improvement of community centers and 
                programs aimed at successfully reinserting former gang 
                members;
                    (C) livelihood programming that provides youth and 
                other at-risk individuals with legal and sustainable 
                alternatives to gang membership;
                    (D) safe shelter and humanitarian responses for 
                victims of crime and internal displacement; and
                    (E) programs to receive and effectively reintegrate 
                repatriated migrants in El Salvador, Guatemala, and 
                Honduras.

SEC. 10105. COMBATING SEXUAL, GENDER-BASED, AND DOMESTIC VIOLENCE.

    The Secretary of State and the Administrator of the United States 
Agency for International Development are authorized to counter sexual, 
gender-based, and domestic violence in Central American countries by--
            (1) broadening engagement among national and local 
        institutions to address sexual, gender-based, and domestic 
        violence;
            (2) supporting educational initiatives to reduce sexual, 
        gender-based, and domestic violence;
            (3) supporting outreach efforts tailored to meet the needs 
        of women, girls, and other vulnerable individuals at risk of 
        violence and exploitation;
            (4) formalizing standards of care and confidentiality at 
        police, health facilities, and other government facilities; and
            (5) establishing accountability mechanisms for perpetrators 
        of violence.

 Subtitle B--Information Campaign on the Dangers of Irregular Migration

SEC. 10201. INFORMATION CAMPAIGN ON DANGERS OF IRREGULAR MIGRATION.

    (a) In General.--The Secretary of State, in coordination with the 
Secretary, shall design and implement public information campaigns in 
El Salvador, Guatemala, Honduras, and other appropriate Central 
American countries--
            (1) to disseminate information about the potential dangers 
        of travel to the United States;
            (2) to provide accurate information about United States 
        immigration law and policy; and
            (3) to provide accurate information about the availability 
        of asylum, other humanitarian protections in countries in the 
        Western Hemisphere, and other legal means for migration.
    (b) Elements.--The information campaigns implemented pursuant to 
subsection (a), to the greatest extent possible--
            (1) shall be targeted at regions with high levels of 
        outbound migration or significant populations of internally 
        displaced persons;
            (2) shall include examples of valid and invalid asylum 
        claims;
            (3) shall be conducted in local languages;
            (4) shall employ a variety of communications media, 
        including social media; and
            (5) shall be developed in coordination with program 
        officials at the Department of Homeland Security, the 
        Department of State, and other government, nonprofit, or 
        academic entities in close contact with migrant populations 
        from El Salvador, Guatemala, and Honduras, including 
        repatriated migrants.

          Subtitle C--Cracking Down on Criminal Organizations

SEC. 10301. ENHANCED INVESTIGATION AND PROSECUTION OF HUMAN SMUGGLING 
              NETWORKS AND TRAFFICKING ORGANIZATIONS.

    The Attorney General and the Secretary shall expand collaboration 
on the investigation and prosecution of human smuggling networks and 
trafficking organizations targeting migrants, asylum seekers, and 
unaccompanied children and operating at the southwestern border of the 
United States, including the continuation and expansion of anti-
trafficking coordination teams.

SEC. 10302. ENHANCED PENALTIES FOR ORGANIZED SMUGGLING SCHEMES.

    (a) In General.--Section 274(a)(1)(B) of the Immigration and 
Nationality Act (8 U.S.C. 1324(a)(1)(B)) is amended--
            (1) by redesignating clauses (iii) and (iv) as clauses (iv) 
        and (v), respectively;
            (2) by inserting after clause (ii) the following:
            ``(iii) in the case of a violation of subparagraph (A)(i) 
        during and in relation to which the person, while acting for 
        profit or other financial gain, knowingly directs or 
        participates in a scheme to cause any person (other than a 
        parent, spouse, sibling, son or daughter, grandparent, or 
        grandchild of the offender) to enter or to attempt to enter the 
        United States at the same time at a place other than a 
        designated port of entry or place other than designated by the 
        Secretary, be fined under title 18, United States Code, 
        imprisoned not more than 20 years, or both;''; and
            (3) in clause (iv), as redesignated, by inserting ``commits 
        or attempts to commit sexual assault of,'' after ``section 1365 
        of title 18, United States Code) to,''.
    (b) Bulk Cash Smuggling.--Section 5332(b)(1) of title 31, United 
States Code, is amended--
            (1) in the paragraph heading, by striking ``Term of 
        imprisonment.--'' and inserting ``In general.--''; and
            (2) by striking ``5 years'' and inserting ``10 years, fined 
        under title 18, or both''.

SEC. 10303. EXPANDING FINANCIAL SANCTIONS ON NARCOTICS TRAFFICKING AND 
              MONEY LAUNDERING.

    (a) Financial Sanctions Expansion.--The Secretary of the Treasury, 
the Attorney General, the Secretary of State, the Secretary of Defense, 
and the Director of Central Intelligence shall expand investigations, 
intelligence collection, and analysis pursuant to the Foreign Narcotics 
Kingpin Designation Act (21 U.S.C. 1901 et seq.) to increase the 
identification and application of sanctions against--
            (1) significant foreign narcotics traffickers and their 
        organizations and networks; and
            (2) foreign persons, including government officials, who 
        provide material, financial, or technological support to such 
        traffickers, organizations, or networks.
    (b) Specific Targets.--The activities described in subsection (a) 
shall specifically target foreign narcotics traffickers, their 
organizations and networks, and the foreign persons, including 
government officials, who provide material, financial, or technological 
support to such traffickers, organizations, and networks that are 
present and operating in Central America.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out subsection (a).

SEC. 10304. SUPPORT FOR TRANSNATIONAL ANTI-GANG TASK FORCES FOR 
              COUNTERING CRIMINAL GANGS.

    The Director of the Federal Bureau of Investigation, the Director 
of the Drug Enforcement Administration, the Director of Homeland 
Security Investigations, and the Secretary, in coordination with the 
Secretary of State, shall expand the use of transnational task forces 
that seek to address transnational crime perpetrated by gangs in El 
Salvador, Guatemala, Honduras, and any other identified country by--
            (1) expanding transnational criminal investigations focused 
        on criminal gangs in identified countries, such as MS-13 and 
        18th Street;
            (2) expanding training and partnership efforts with law 
        enforcement entities in identified countries to disrupt and 
        dismantle criminal gangs, both internationally and in their 
        respective countries;
            (3) establishing or expanding gang-related investigative 
        units;
            (4) collecting and disseminating intelligence to support 
        related United States-based investigations; and
            (5) expanding programming related to gang intervention and 
        prevention for at-risk youth.

                 DIVISION B--AMERICAN DREAM AND PROMISE

SEC. 1. SHORT TITLE.

    This division may be cited as the ``American Dream and Promise 
Act''.

                           TITLE I--DREAM ACT

SEC. 1101. SHORT TITLE.

    This title may be cited as the ``Dream Act''.

SEC. 1102. PERMANENT RESIDENT STATUS ON A CONDITIONAL BASIS FOR CERTAIN 
              LONG-TERM RESIDENTS WHO ENTERED THE UNITED STATES AS 
              CHILDREN.

    (a) Conditional Basis for Status.--Notwithstanding any other 
provision of law, and except as provided in section 1104(c)(2), an 
alien shall be considered, at the time of obtaining the status of an 
alien lawfully admitted for permanent residence under this section, to 
have obtained such status on a conditional basis subject to the 
provisions of this title.
    (b) Requirements.--
            (1) In general.--Notwithstanding any other provision of 
        law, the Secretary or the Attorney General shall adjust to the 
        status of an alien lawfully admitted for permanent residence on 
        a conditional basis, or without the conditional basis as 
        provided in section 1104(c)(2), an alien who is inadmissible or 
        deportable from the United States, is subject to a grant of 
        Deferred Enforced Departure, has temporary protected status 
        under section 244 of the Immigration and Nationality Act (8 
        U.S.C. 1254a), or is the son or daughter of an alien admitted 
        as a nonimmigrant under subparagraph (E)(i), (E)(ii), 
        (H)(i)(b), or (L) of section 101(a)(15) of such Act (8 U.S.C. 
        1101(a)(15)) if--
                    (A) the alien has been continuously physically 
                present in the United States since July 4, 2017;
                    (B) the alien was younger than 18 years of age on 
                the date on which the alien entered the United States 
                and has continuously resided in the United States since 
                such entry;
                    (C) the alien--
                            (i) subject to paragraph (2), is not 
                        inadmissible under paragraph (1), (6)(E), 
                        (6)(G), (8), or (10) of section 212(a) of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1182(a));
                            (ii) has not ordered, incited, assisted, or 
                        otherwise participated in the persecution of 
                        any person on account of race, religion, 
                        nationality, membership in a particular social 
                        group, or political opinion; and
                            (iii) is not barred from adjustment of 
                        status under this title based on the criminal 
                        and national security grounds described under 
                        subsection (c), subject to the provisions of 
                        such subsection; and
                    (D) the alien--
                            (i) has been admitted to an institution of 
                        higher education;
                            (ii) has been admitted to an area career 
                        and technical education school at the 
                        postsecondary level;
                            (iii) in the United States, has obtained--
                                    (I) a high school diploma or a 
                                commensurate alternative award from a 
                                public or private high school;
                                    (II) a General Education 
                                Development credential, a high school 
                                equivalency diploma recognized under 
                                State law, or another similar State-
                                authorized credential;
                                    (III) a credential or certificate 
                                from an area career and technical 
                                education school at the secondary 
                                level; or
                                    (IV) a recognized postsecondary 
                                credential; or
                            (iv) is enrolled in secondary school or in 
                        an education program assisting students in--
                                    (I) obtaining a high school diploma 
                                or its recognized equivalent under 
                                State law;
                                    (II) passing the General Education 
                                Development test, a high school 
                                equivalence diploma examination, or 
                                other similar State-authorized exam;
                                    (III) obtaining a certificate or 
                                credential from an area career and 
                                technical education school providing 
                                education at the secondary level; or
                                    (IV) obtaining a recognized 
                                postsecondary credential.
            (2) Waiver of grounds of inadmissibility.--With respect to 
        any benefit under this title, and in addition to the waivers 
        under subsection (c)(2), the Secretary may waive the grounds of 
        inadmissibility under paragraph (1), (6)(E), (6)(G), or (10)(D) 
        of section 212(a) of the Immigration and Nationality Act (8 
        U.S.C. 1182(a)) for humanitarian purposes, for family unity, or 
        because the waiver is otherwise in the public interest.
            (3) Application fee.--
                    (A) In general.--The Secretary may, subject to an 
                exemption under section 3103(c), require an alien 
                applying under this section to pay a reasonable fee 
                that is commensurate with the cost of processing the 
                application but does not exceed $495.00.
                    (B) Special procedures for applicants with daca.--
                The Secretary shall establish a streamlined procedure 
                for aliens who have been granted DACA and who meet the 
                requirements for renewal (under the terms of the 
                program in effect on January 1, 2017) to apply for 
                adjustment of status to that of an alien lawfully 
                admitted for permanent residence on a conditional basis 
                under this section, or without the conditional basis as 
                provided in section 1104(c)(2). Such procedure shall 
                not include a requirement that the applicant pay a fee, 
                except that the Secretary may require an applicant who 
                meets the requirements for lawful permanent residence 
                without the conditional basis under section 1104(c)(2) 
                to pay a fee that is commensurate with the cost of 
                processing the application, subject to the exemption 
                under section 3103(c).
            (4) Background checks.--The Secretary may not grant an 
        alien permanent resident status on a conditional basis under 
        this section until the requirements of section 3102 are 
        satisfied.
            (5) Military selective service.--An alien applying for 
        permanent resident status on a conditional basis under this 
        section, or without the conditional basis as provided in 
        section 1104(c)(2), shall establish that the alien has 
        registered under the Military Selective Service Act (50 U.S.C. 
        3801 et seq.), if the alien is subject to registration under 
        such Act.
    (c) Criminal and National Security Bars.--
            (1) Grounds of ineligibility.--Except as provided in 
        paragraph (2), an alien is ineligible for adjustment of status 
        under this title (whether on a conditional basis or without the 
        conditional basis as provided in section 1104(c)(2)) if any of 
        the following apply:
                    (A) The alien is inadmissible under paragraph (2) 
                or (3) of section 212(a) of the Immigration and 
                Nationality Act (8 U.S.C. 1182(a)).
                    (B) Excluding any offense under State law for which 
                an essential element is the alien's immigration status, 
                and any minor traffic offense, the alien has been 
                convicted of--
                            (i) any felony offense;
                            (ii) two or more misdemeanor offenses 
                        (excluding simple possession of cannabis or 
                        cannabis-related paraphernalia, any offense 
                        involving cannabis or cannabis-related 
                        paraphernalia which is no longer prosecutable 
                        in the State in which the conviction was 
                        entered, and any offense involving civil 
                        disobedience without violence) not occurring on 
                        the same date, and not arising out of the same 
                        act, omission, or scheme of misconduct; or
                            (iii) a misdemeanor offense of domestic 
                        violence, unless the alien demonstrates that 
                        such crime is related to the alien having 
                        been--
                                    (I) a victim of domestic violence, 
                                sexual assault, stalking, child abuse 
                                or neglect, abuse or neglect in later 
                                life, or human trafficking;
                                    (II) battered or subjected to 
                                extreme cruelty; or
                                    (III) a victim of criminal activity 
                                described in section 101(a)(15)(U)(iii) 
                                of the Immigration and Nationality Act 
                                (8 U.S.C. 1101(a)(15)(U)(iii)).
            (2) Waivers for certain misdemeanors.--For humanitarian 
        purposes, family unity, or if otherwise in the public interest, 
        the Secretary may--
                    (A) waive the grounds of inadmissibility under 
                subparagraphs (A), (C), and (D) of section 212(a)(2) of 
                the Immigration and Nationality Act (8 U.S.C. 
                1182(a)(2)), unless the conviction forming the basis 
                for inadmissibility would otherwise render the alien 
                ineligible under paragraph (1)(B) (subject to 
                subparagraph (B)); and
                    (B) for purposes of clauses (ii) and (iii) of 
                paragraph (1)(B), waive consideration of--
                            (i) one misdemeanor offense if the alien 
                        has not been convicted of any offense in the 5-
                        year period preceding the date on which the 
                        alien applies for adjustment of status under 
                        this title; or
                            (ii) up to two misdemeanor offenses if the 
                        alien has not been convicted of any offense in 
                        the 10-year period preceding the date on which 
                        the alien applies for adjustment of status 
                        under this title.
            (3) Authority to conduct secondary review.--
                    (A) In general.--Notwithstanding an alien's 
                eligibility for adjustment of status under this title, 
                and subject to the procedures described in this 
                paragraph, the Secretary may, as a matter of non-
                delegable discretion, provisionally deny an application 
                for adjustment of status (whether on a conditional 
                basis or without the conditional basis as provided in 
                section 1104(c)(2)) if the Secretary, based on clear 
                and convincing evidence, which shall include credible 
                law enforcement information, determines that the alien 
                is described in subparagraph (B) or (D).
                    (B) Public safety.--An alien is described in this 
                subparagraph if--
                            (i) excluding simple possession of cannabis 
                        or cannabis-related paraphernalia, any offense 
                        involving cannabis or cannabis-related 
                        paraphernalia which is no longer prosecutable 
                        in the State in which the conviction was 
                        entered, any offense under State law for which 
                        an essential element is the alien's immigration 
                        status, any offense involving civil 
                        disobedience without violence, and any minor 
                        traffic offense, the alien--
                                    (I) has been convicted of a 
                                misdemeanor offense punishable by a 
                                term of imprisonment of more than 30 
                                days; or
                                    (II) has been adjudicated 
                                delinquent in a State or local juvenile 
                                court proceeding that resulted in a 
                                disposition ordering placement in a 
                                secure facility; and
                            (ii) the alien poses a significant and 
                        continuing threat to public safety related to 
                        such conviction or adjudication.
                    (C) Public safety determination.--For purposes of 
                subparagraph (B)(ii), the Secretary shall consider the 
                recency of the conviction or adjudication; the length 
                of any imposed sentence or placement; the nature and 
                seriousness of the conviction or adjudication, 
                including whether the elements of the offense include 
                the unlawful possession or use of a deadly weapon to 
                commit an offense or other conduct intended to cause 
                serious bodily injury; and any mitigating factors 
                pertaining to the alien's role in the commission of the 
                offense.
                    (D) Gang participation.--An alien is described in 
                this subparagraph if the alien has, within the 5 years 
                immediately preceding the date of the application, 
                knowingly, willfully, and voluntarily participated in 
                offenses committed by a criminal street gang (as 
                described in subsections (a) and (c) of section 521 of 
                title 18, United States Code) with the intent to 
                promote or further the commission of such offenses.
                    (E) Evidentiary limitation.--For purposes of 
                subparagraph (D), allegations of gang membership 
                obtained from a State or Federal in-house or local 
                database, or a network of databases used for the 
                purpose of recording and sharing activities of alleged 
                gang members across law enforcement agencies, shall not 
                establish the participation described in such 
                paragraph.
                    (F) Notice.--
                            (i) In general.--Prior to rendering a 
                        discretionary decision under this paragraph, 
                        the Secretary shall provide written notice of 
                        the intent to provisionally deny the 
                        application to the alien (or the alien's 
                        counsel of record, if any) by certified mail 
                        and, if an electronic mail address is provided, 
                        by electronic mail (or other form of electronic 
                        communication). Such notice shall--
                                    (I) articulate with specificity all 
                                grounds for the preliminary 
                                determination, including the evidence 
                                relied upon to support the 
                                determination; and
                                    (II) provide the alien with not 
                                less than 90 days to respond.
                            (ii) Second notice.--Not more than 30 days 
                        after the issuance of the notice under clause 
                        (i), the Secretary shall provide a second 
                        written notice that meets the requirements of 
                        such clause.
                            (iii) Notice not received.--Notwithstanding 
                        any other provision of law, if an applicant 
                        provides good cause for not contesting a 
                        provisional denial under this paragraph, 
                        including a failure to receive notice as 
                        required under this subparagraph, the Secretary 
                        shall, upon a motion filed by the alien, reopen 
                        an application for adjustment of status under 
                        this title and allow the applicant an 
                        opportunity to respond, consistent with clause 
                        (i)(II).
                    (G) Judicial review of a provisional denial.--
                            (i) In general.--Notwithstanding any other 
                        provision of law, if, after notice and the 
                        opportunity to respond under subparagraph (F), 
                        the Secretary provisionally denies an 
                        application for adjustment of status under this 
                        Act, the alien shall have 60 days from the date 
                        of the Secretary's determination to seek review 
                        of such determination in an appropriate United 
                        States district court.
                            (ii) Scope of review and decision.--
                        Notwithstanding any other provision of law, 
                        review under paragraph (1) shall be de novo and 
                        based solely on the administrative record, 
                        except that the applicant shall be given the 
                        opportunity to supplement the administrative 
                        record and the Secretary shall be given the 
                        opportunity to rebut the evidence and arguments 
                        raised in such submission. Upon issuing its 
                        decision, the court shall remand the matter, 
                        with appropriate instructions, to the 
                        Department of Homeland Security to render a 
                        final decision on the application.
                            (iii) Appointed counsel.--Notwithstanding 
                        any other provision of law, an applicant 
                        seeking judicial review under clause (i) shall 
                        be represented by counsel. Upon the request of 
                        the applicant, counsel shall be appointed for 
                        the applicant, in accordance with procedures to 
                        be established by the Attorney General within 
                        90 days of the date of the enactment of this 
                        Act, and shall be funded in accordance with 
                        fees collected and deposited in the Immigration 
                        Counsel Account under section 3112.
            (4) Definitions.--For purposes of this subsection--
                    (A) the term ``felony offense'' means an offense 
                under Federal or State law that is punishable by a 
                maximum term of imprisonment of more than 1 year;
                    (B) the term ``misdemeanor offense'' means an 
                offense under Federal or State law that is punishable 
                by a term of imprisonment of more than 5 days but not 
                more than 1 year; and
                    (C) the term ``crime of domestic violence'' means 
                any offense that has as an element the use, attempted 
                use, or threatened use of physical force against a 
                person committed by a current or former spouse of the 
                person, by an individual with whom the person shares a 
                child in common, by an individual who is cohabiting 
                with or has cohabited with the person as a spouse, by 
                an individual similarly situated to a spouse of the 
                person under the domestic or family violence laws of 
                the jurisdiction where the offense occurs, or by any 
                other individual against a person who is protected from 
                that individual's acts under the domestic or family 
                violence laws of the United States or any State, Indian 
                Tribal government, or unit of local government.
    (d) Limitation on Removal of Certain Alien Minors.--An alien who is 
18 years of age or younger and meets the requirements under 
subparagraphs (A), (B), and (C) of subsection (b)(1) shall be provided 
a reasonable opportunity to meet the educational requirements under 
subparagraph (D) of such subsection. The Attorney General or the 
Secretary may not commence or continue with removal proceedings against 
such an alien.
    (e) Withdrawal of Application.--The Secretary shall, upon receipt 
of a request to withdraw an application for adjustment of status under 
this section, cease processing of the application, and close the case. 
Withdrawal of the application under this subsection shall not prejudice 
any future application filed by the applicant for any immigration 
benefit under this title or under the Immigration and Nationality Act 
(8 U.S.C. 1101 et seq.).

SEC. 1103. TERMS OF PERMANENT RESIDENT STATUS ON A CONDITIONAL BASIS.

    (a) Period of Status.--Permanent resident status on a conditional 
basis is--
            (1) valid for a period of 10 years, unless such period is 
        extended by the Secretary; and
            (2) subject to revocation under subsection (c).
    (b) Notice of Requirements.--At the time an alien obtains permanent 
resident status on a conditional basis, the Secretary shall provide 
notice to the alien regarding the provisions of this title and the 
requirements to have the conditional basis of such status removed.
    (c) Revocation of Status.--The Secretary may revoke the permanent 
resident status on a conditional basis of an alien only if the 
Secretary--
            (1) determines that the alien ceases to meet the 
        requirements under section 1102(b)(1)(C); and
            (2) prior to the revocation, provides the alien--
                    (A) notice of the proposed revocation; and
                    (B) the opportunity for a hearing to provide 
                evidence that the alien meets such requirements or 
                otherwise to contest the proposed revocation.
    (d) Return to Previous Immigration Status.--An alien whose 
permanent resident status on a conditional basis expires under 
subsection (a)(1) or is revoked under subsection (c), shall return to 
the immigration status that the alien had immediately before receiving 
permanent resident status on a conditional basis.

SEC. 1104. REMOVAL OF CONDITIONAL BASIS OF PERMANENT RESIDENT STATUS.

    (a) Eligibility for Removal of Conditional Basis.--
            (1) In general.--Subject to paragraph (2), the Secretary 
        shall remove the conditional basis of an alien's permanent 
        resident status granted under this title and grant the alien 
        status as an alien lawfully admitted for permanent residence if 
        the alien--
                    (A) is described in section 1102(b)(1)(C);
                    (B) has not abandoned the alien's residence in the 
                United States during the period in which the alien has 
                permanent resident status on a conditional basis; and
                    (C)(i) has obtained a degree from an institution of 
                higher education or a recognized postsecondary 
                credential from an area career and technical education 
                school providing education at the postsecondary level;
                    (ii) has served in the Uniformed Services for at 
                least 3 years and, if discharged, received an honorable 
                discharge; or
                    (iii) demonstrates earned income for periods 
                totaling at least 4 years and at least 75 percent of 
                the time that the alien has had a valid employment 
                authorization.
            (2) Hardship exception.--The Secretary shall remove the 
        conditional basis of an alien's permanent resident status and 
        grant the alien status as an alien lawfully admitted for 
        permanent residence if the alien--
                    (A) satisfies the requirements under subparagraphs 
                (A) and (B) of paragraph (1);
                    (B) demonstrates compelling circumstances for the 
                inability to satisfy the requirements under 
                subparagraph (C) of such paragraph; and
                    (C) demonstrates that--
                            (i) the alien has a disability;
                            (ii) the alien is a full-time caregiver; or
                            (iii) the removal of the alien from the 
                        United States would result in hardship to the 
                        alien or the alien's spouse, parent, or child 
                        who is a national of the United States or is 
                        lawfully admitted for permanent residence.
            (3) Citizenship requirement.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the conditional basis of an alien's permanent 
                resident status granted under this title may not be 
                removed unless the alien demonstrates that the alien 
                satisfies the requirements under section 3112(a) of the 
                Immigration and Nationality Act (8 U.S.C. 1423(a)).
                    (B) Exception.--Subparagraph (A) shall not apply to 
                an alien who is unable to meet the requirements under 
                such section 3112(a) due to disability.
            (4) Application fee.--The Secretary may, subject to an 
        exemption under section 3103(c), require aliens applying for 
        removal of the conditional basis of an alien's permanent 
        resident status under this section to pay a reasonable fee that 
        is commensurate with the cost of processing the application.
            (5) Background checks.--The Secretary may not remove the 
        conditional basis of an alien's permanent resident status until 
        the requirements of section 3102 are satisfied.
    (b) Treatment for Purposes of Naturalization.--
            (1) In general.--For purposes of title III of the 
        Immigration and Nationality Act (8 U.S.C. 1401 et seq.), an 
        alien granted permanent resident status on a conditional basis 
        shall be considered to have been admitted to the United States, 
        and be present in the United States, as an alien lawfully 
        admitted for permanent residence.
            (2) Limitation on application for naturalization.--An alien 
        may not apply for naturalization while the alien is in 
        permanent resident status on a conditional basis.
    (c) Timing of Approval of Lawful Permanent Resident Status.--
            (1) In general.--An alien granted permanent resident status 
        on a conditional basis under this title may apply to have such 
        conditional basis removed at any time after such alien has met 
        the eligibility requirements set forth in subsection (a).
            (2) Approval with regard to initial applications.--
                    (A) In general.--Notwithstanding any other 
                provision of law, the Secretary or the Attorney General 
                shall adjust to the status of an alien lawfully 
                admitted for permanent resident status without 
                conditional basis, any alien who--
                            (i) demonstrates eligibility for lawful 
                        permanent residence status on a conditional 
                        basis under section 1102(b); and
                            (ii) subject to the exceptions described in 
                        subsections (a)(2) and (a)(3)(B) of this 
                        section, already has fulfilled the requirements 
                        of paragraphs (1) and (3) of subsection (a) of 
                        this section at the time such alien first 
                        submits an application for benefits under this 
                        title.
                    (B) Background checks.--Subsection (a)(5) shall 
                apply to an alien seeking lawful permanent resident 
                status without conditional basis in an initial 
                application in the same manner as it applies to an 
                alien seeking removal of the conditional basis of an 
                alien's permanent resident status. Section 1102(b)(4) 
                shall not be construed to require the Secretary to 
                conduct more than one identical security or law 
                enforcement background check on such an alien.
                    (C) Application fees.--In the case of an alien 
                seeking lawful permanent resident status without 
                conditional basis in an initial application, the alien 
                shall pay the fee required under subsection (a)(4), 
                subject to the exemption allowed under section 3103(c), 
                but shall not be required to pay the application fee 
                under section 1102(b)(3).

SEC. 1105. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY FOR 
              PURPOSES OF HIGHER EDUCATION BENEFITS.

    (a) In General.--Section 505 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) is repealed.
    (b) Effective Date.--The repeal under subsection (a) shall take 
effect as if included in the original enactment of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 (division C 
of Public Law 104-208; 110 Stat. 3009-546).

                     TITLE II--AMERICAN PROMISE ACT

SEC. 2101. SHORT TITLE.

    This title may be cited as the ``American Promise Act''.

SEC. 2102. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS OF CERTAIN 
              COUNTRIES DESIGNATED FOR TEMPORARY PROTECTED STATUS OR 
              DEFERRED ENFORCED DEPARTURE.

    (a) In General.--Notwithstanding any other provision of law, the 
Secretary or the Attorney General shall adjust to the status of an 
alien lawfully admitted for permanent residence, an alien described in 
subsection (b) if the alien--
            (1) applies for such adjustment, including submitting any 
        required documents under section 3107, not later than 5 years 
        after the date of the enactment of this Act;
            (2) has been continuously physically present in the United 
        States for a period of not less than 5 years; and
            (3) subject to subsection (c), is not inadmissible under 
        paragraph (1), (2), (3), (6)(D), (6)(E), (6)(F), (6)(G), (8), 
        or (10) of section 212(a) of the Immigration and Nationality 
        Act (8 U.S.C. 1182(a)).
    (b) Aliens Eligible for Adjustment of Status.--An alien shall be 
eligible for adjustment of status under this section if the alien is an 
individual--
            (1) who--
                    (A) is a national of a foreign state (or part 
                thereof) (or in the case of an alien having no 
                nationality, is a person who last habitually resided in 
                such state) with a designation under subsection (b) of 
                section 244 of the Immigration and Nationality Act (8 
                U.S.C. 1254a(b)) on July 4, 2017, who had or was 
                otherwise eligible for temporary protected status on 
                such date notwithstanding subsections (c)(1)(A)(iv) and 
                (c)(3)(C) of such section; and
                    (B) has not engaged in conduct since such date that 
                would render the alien ineligible for temporary 
                protected status under section 244(c)(2) of the 
                Immigration and Nationality Act (8 U.S.C. 1245a(c)(2)); 
                or
            (2) who was eligible for Deferred Enforced Departure as of 
        January 20, 2021, and has not engaged in conduct since that 
        date that would render the alien ineligible for Deferred 
        Enforced Departure.
    (c) Waiver of Grounds of Inadmissibility.--
            (1) In general.--Except as provided in paragraph (2), with 
        respect to any benefit under this title, and in addition to any 
        waivers that are otherwise available, the Secretary may waive 
        the grounds of inadmissibility under paragraph (1), 
        subparagraphs (A), (C), and (D) of paragraph (2), subparagraphs 
        (D) through (G) of paragraph (6), or paragraph (10)(D) of 
        section 212(a) of the Immigration and Nationality Act (8 U.S.C. 
        1182(a)) for humanitarian purposes, for family unity, or 
        because the waiver is otherwise in the public interest.
            (2) Exception.--The Secretary may not waive a ground 
        described in paragraph (1) if such inadmissibility is based on 
        a conviction or convictions, and such conviction or convictions 
        would otherwise render the alien ineligible under section 
        244(c)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 
        1254a(c)(2)(B)).
    (d) Application.--
            (1) Fee.--The Secretary shall, subject to an exemption 
        under section 3103(c), require an alien applying for adjustment 
        of status under this section to pay a reasonable fee that is 
        commensurate with the cost of processing the application, but 
        does not exceed $1,140.
            (2) Background checks.--The Secretary may not grant an 
        alien permanent resident status on a conditional basis under 
        this section until the requirements of section 3102 are 
        satisfied.
            (3) Withdrawal of application.--The Secretary of Homeland 
        Security shall, upon receipt of a request to withdraw an 
        application for adjustment of status under this section, cease 
        processing of the application and close the case. Withdrawal of 
        the application under this subsection shall not prejudice any 
        future application filed by the applicant for any immigration 
        benefit under this title or under the Immigration and 
        Nationality Act (8 U.S.C. 1101 et seq.).

SEC. 2103. CLARIFICATION.

    Section 244(f)(4) of the Immigration and Nationality Act (8 U.S.C. 
1254a(f)(4)) is amended by inserting after ``considered'' the 
following: ``as having been inspected and admitted into the United 
States, and''.

                     TITLE III--GENERAL PROVISIONS

SEC. 3101. DEFINITIONS.

    (a) In General.--In this division:
            (1) In general.--Except as otherwise specifically provided, 
        any term used in this division that is used in the immigration 
        laws shall have the meaning given such term in the immigration 
        laws.
            (2) Appropriate united states district court.--The term 
        ``appropriate United States district court'' means the United 
        States District Court for the District of Columbia or the 
        United States district court with jurisdiction over the alien's 
        principal place of residence.
            (3) Area career and technical education school.--The term 
        ``area career and technical education school'' has the meaning 
        given such term in section 3 of the Carl D. Perkins Career and 
        Technical Education Act of 2006 (20 U.S.C. 2302).
            (4) DACA.--The term ``DACA'' means deferred action granted 
        to an alien pursuant to the Deferred Action for Childhood 
        Arrivals policy announced by the Secretary of Homeland Security 
        on June 15, 2012.
            (5) Disability.--The term ``disability'' has the meaning 
        given such term in section 3(1) of the Americans with 
        Disabilities Act of 1990 (42 U.S.C. 12102(1)).
            (6) Federal poverty line.--The term ``Federal poverty 
        line'' has the meaning given such term in section 213A(h) of 
        the Immigration and Nationality Act (8 U.S.C. 1183a).
            (7) High school; secondary school.--The terms ``high 
        school'' and ``secondary school'' have the meanings given such 
        terms in section 8101 of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 7801).
            (8) Immigration laws.--The term ``immigration laws'' has 
        the meaning given such term in section 101(a)(17) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
            (9) Institution of higher education.--The term 
        ``institution of higher education''--
                    (A) except as provided in subparagraph (B), has the 
                meaning given such term in section 102 of the Higher 
                Education Act of 1965 (20 U.S.C. 1002); and
                    (B) does not include an institution of higher 
                education outside of the United States.
            (10) Recognized postsecondary credential.--The term 
        ``recognized postsecondary credential'' has the meaning given 
        such term in section 3 of the Workforce Innovation and 
        Opportunity Act (29 U.S.C. 3102).
            (11) Secretary.--Except as otherwise specifically provided, 
        the term ``Secretary'' means the Secretary of Homeland 
        Security.
            (12) Uniformed services.--The term ``Uniformed Services'' 
        has the meaning given the term ``uniformed services'' in 
        section 101(a) of title 10, United States Code.
    (b) Treatment of Expunged Convictions.--For purposes of adjustment 
of status under this division, the terms ``convicted'' and 
``conviction'', as used in this division and in sections 212 and 244 of 
the Immigration and Nationality Act (8 U.S.C. 1182, 1254a), do not 
include a judgment that has been expunged or set aside, that resulted 
in a rehabilitative disposition, or the equivalent.

SEC. 3102. SUBMISSION OF BIOMETRIC AND BIOGRAPHIC DATA; BACKGROUND 
              CHECKS.

    (a) Submission of Biometric and Biographic Data.--The Secretary may 
not grant an alien adjustment of status under this division, on either 
a conditional or permanent basis, unless the alien submits biometric 
and biographic data, in accordance with procedures established by the 
Secretary. The Secretary shall provide an alternative procedure for 
aliens who are unable to provide such biometric or biographic data 
because of a physical impairment.
    (b) Background Checks.--The Secretary shall use biometric, 
biographic, and other data that the Secretary determines appropriate to 
conduct security and law enforcement background checks and to determine 
whether there is any criminal, national security, or other factor that 
would render the alien ineligible for adjustment of status under this 
division, on either a conditional or permanent basis. The status of an 
alien may not be adjusted, on either a conditional or permanent basis, 
unless security and law enforcement background checks are completed to 
the satisfaction of the Secretary.

SEC. 3103. LIMITATION ON REMOVAL; APPLICATION AND FEE EXEMPTION; AND 
              OTHER CONDITIONS ON ELIGIBLE INDIVIDUALS.

    (a) Limitation on Removal.--An alien who appears to be prima facie 
eligible for relief under this division shall be given a reasonable 
opportunity to apply for such relief and may not be removed until, 
subject to section 3106(c)(2), a final decision establishing 
ineligibility for relief is rendered.
    (b) Application.--An alien present in the United States who has 
been ordered removed or has been permitted to depart voluntarily from 
the United States may, notwithstanding such order or permission to 
depart, apply for adjustment of status under this division. Such alien 
shall not be required to file a separate motion to reopen, reconsider, 
or vacate the order of removal. If the Secretary approves the 
application, the Secretary shall cancel the order of removal. If the 
Secretary renders a final administrative decision to deny the 
application, the order of removal or permission to depart shall be 
effective and enforceable to the same extent as if the application had 
not been made, only after all available administrative and judicial 
remedies have been exhausted.
    (c) Fee Exemption.--An applicant may be exempted from paying an 
application fee required under this division if the applicant--
            (1) is 18 years of age or younger;
            (2) received total income, during the 12-month period 
        immediately preceding the date on which the applicant files an 
        application under this division, that is less than 150 percent 
        of the Federal poverty line;
            (3) is in foster care or otherwise lacks any parental or 
        other familial support; or
            (4) cannot care for himself or herself because of a 
        serious, chronic disability.
    (d) Advance Parole.--During the period beginning on the date on 
which an alien applies for adjustment of status under this division and 
ending on the date on which the Secretary makes a final decision 
regarding such application, the alien shall be eligible to apply for 
advance parole. Section 101(g) of the Immigration and Nationality Act 
(8 U.S.C. 1101(g)) shall not apply to an alien granted advance parole 
under this Act.
    (e) Employment.--An alien whose removal is stayed pursuant to this 
division, who may not be placed in removal proceedings pursuant to this 
division, or who has pending an application under this division, shall, 
upon application to the Secretary, be granted an employment 
authorization document.

SEC. 3104. DETERMINATION OF CONTINUOUS PRESENCE AND RESIDENCE.

    (a) Effect of Notice To Appear.--Any period of continuous physical 
presence or continuous residence in the United States of an alien who 
applies for permanent resident status under this division (whether on a 
conditional basis or without the conditional basis as provided in 
section 1104(c)(2)) shall not terminate when the alien is served a 
notice to appear under section 239(a) of the Immigration and 
Nationality Act (8 U.S.C. 1229(a)).
    (b) Treatment of Certain Breaks in Presence or Residence.--
            (1) In general.--Except as provided in paragraphs (2) and 
        (3), an alien shall be considered to have failed to maintain--
                    (A) continuous physical presence in the United 
                States under this division if the alien has departed 
                from the United States for any period exceeding 90 days 
                or for any periods, in the aggregate, exceeding 180 
                days; and
                    (B) continuous residence in the United States under 
                this division if the alien has departed from the United 
                States for any period exceeding 180 days, unless the 
                alien establishes to the satisfaction of the Secretary 
                of Homeland Security that the alien did not in fact 
                abandon residence in the United States during such 
                period.
            (2) Extensions for extenuating circumstances.--The 
        Secretary may extend the time periods described in paragraph 
        (1) for an alien who demonstrates that the failure to timely 
        return to the United States was due to extenuating 
        circumstances beyond the alien's control, including--
                    (A) the serious illness of the alien;
                    (B) death or serious illness of a parent, 
                grandparent, sibling, or child of the alien;
                    (C) processing delays associated with the 
                application process for a visa or other travel 
                document; or
                    (D) restrictions on international travel due to the 
                public health emergency declared by the Secretary of 
                Health and Human Services under section 3119 of the 
                Public Health Service Act (42 U.S.C. 247d) with respect 
                to COVID-19.
            (3) Travel authorized by the secretary.--Any period of 
        travel outside of the United States by an alien that was 
        authorized by the Secretary may not be counted toward any 
        period of departure from the United States under paragraph (1).
    (c) Waiver of Physical Presence.--With respect to aliens who were 
removed or departed the United States on or after January 20, 2017, and 
who were continuously physically present in the United States for at 
least 5 years prior to such removal or departure, the Secretary may, as 
a matter of discretion, waive the physical presence requirement under 
section 1102(b)(1)(A) or section 2102(a)(2) for humanitarian purposes, 
for family unity, or because a waiver is otherwise in the public 
interest. The Secretary, in consultation with the Secretary of State, 
shall establish a procedure for such aliens to apply for relief under 
section 1102 or 202 from outside the United States if they would have 
been eligible for relief under such section, but for their removal or 
departure.

SEC. 3105. EXEMPTION FROM NUMERICAL LIMITATIONS.

    Nothing in this division or in any other law may be construed to 
apply a numerical limitation on the number of aliens who may be granted 
permanent resident status under this division (whether on a conditional 
basis, or without the conditional basis as provided in section 
1104(c)(2)).

SEC. 3106. AVAILABILITY OF ADMINISTRATIVE AND JUDICIAL REVIEW.

    (a) Administrative Review.--Not later than 30 days after the date 
of the enactment of this Act, the Secretary shall provide to aliens who 
have applied for adjustment of status under this division a process by 
which an applicant may seek administrative appellate review of a denial 
of an application for adjustment of status, or a revocation of such 
status.
    (b) Judicial Review.--Except as provided in subsection (c), and 
notwithstanding any other provision of law, an alien may seek judicial 
review of a denial of an application for adjustment of status, or a 
revocation of such status, under this division in an appropriate United 
States district court.
    (c) Stay of Removal.--
            (1) In general.--Except as provided in paragraph (2), an 
        alien seeking administrative or judicial review under this 
        division may not be removed from the United States until a 
        final decision is rendered establishing that the alien is 
        ineligible for adjustment of status under this Act.
            (2) Exception.--The Secretary may remove an alien described 
        in paragraph (1) pending judicial review if such removal is 
        based on criminal or national security grounds described in 
        this division. Such removal shall not affect the alien's right 
        to judicial review under this division. The Secretary shall 
        promptly return a removed alien if a decision to deny an 
        application for adjustment of status under this division, or to 
        revoke such status, is reversed.

SEC. 3107. DOCUMENTATION REQUIREMENTS.

    (a) Documents Establishing Identity.--An alien's application for 
permanent resident status under this division (whether on a conditional 
basis, or without the conditional basis as provided in section 
1104(c)(2)) may include, as evidence of identity, the following:
            (1) A passport or national identity document from the 
        alien's country of origin that includes the alien's name and 
        the alien's photograph or fingerprint.
            (2) The alien's birth certificate and an identity card that 
        includes the alien's name and photograph.
            (3) A school identification card that includes the alien's 
        name and photograph, and school records showing the alien's 
        name and that the alien is or was enrolled at the school.
            (4) A Uniformed Services identification card issued by the 
        Department of Defense.
            (5) Any immigration or other document issued by the United 
        States Government bearing the alien's name and photograph.
            (6) A State-issued identification card bearing the alien's 
        name and photograph.
            (7) Any other evidence determined to be credible by the 
        Secretary.
    (b) Documents Establishing Entry, Continuous Physical Presence, 
Lack of Abandonment of Residence.--To establish that an alien was 18 
years of age or younger on the date on which the alien entered the 
United States, and has continuously resided in the United States since 
such entry, as required under section 1102(b)(1)(B), that an alien has 
been continuously physically present in the United States, as required 
under section 1102(b)(1)(A) or 202(a)(2), or that an alien has not 
abandoned residence in the United States, as required under section 
1104(a)(1)(B), the alien may submit the following forms of evidence:
            (1) Passport entries, including admission stamps on the 
        alien's passport.
            (2) Any document from the Department of Justice or the 
        Department of Homeland Security noting the alien's date of 
        entry into the United States.
            (3) Records from any educational institution the alien has 
        attended in the United States.
            (4) Employment records of the alien that include the 
        employer's name and contact information, or other records 
        demonstrating earned income.
            (5) Records of service from the Uniformed Services.
            (6) Official records from a religious entity confirming the 
        alien's participation in a religious ceremony.
            (7) A birth certificate for a child who was born in the 
        United States.
            (8) Hospital or medical records showing medical treatment 
        or hospitalization, the name of the medical facility or 
        physician, and the date of the treatment or hospitalization.
            (9) Automobile license receipts or registration.
            (10) Deeds, mortgages, or rental agreement contracts.
            (11) Rent receipts or utility bills bearing the alien's 
        name or the name of an immediate family member of the alien, 
        and the alien's address.
            (12) Tax receipts.
            (13) Insurance policies.
            (14) Remittance records, including copies of money order 
        receipts sent in or out of the country.
            (15) Travel records.
            (16) Dated bank transactions.
            (17) Two or more sworn affidavits from individuals who are 
        not related to the alien who have direct knowledge of the 
        alien's continuous physical presence in the United States, that 
        contain--
                    (A) the name, address, and telephone number of the 
                affiant; and
                    (B) the nature and duration of the relationship 
                between the affiant and the alien.
            (18) Any other evidence determined to be credible by the 
        Secretary.
    (c) Documents Establishing Admission to an Institution of Higher 
Education.--To establish that an alien has been admitted to an 
institution of higher education, the alien may submit to the Secretary 
a document from the institution of higher education certifying that the 
alien--
            (1) has been admitted to the institution; or
            (2) is currently enrolled in the institution as a student.
    (d) Documents Establishing Receipt of a Degree From an Institution 
of Higher Education.--To establish that an alien has acquired a degree 
from an institution of higher education in the United States, the alien 
may submit to the Secretary a diploma or other document from the 
institution stating that the alien has received such a degree.
    (e) Documents Establishing Receipt of a High School Diploma, 
General Educational Development Credential, or a Recognized 
Equivalent.--To establish that in the United States an alien has earned 
a high school diploma or a commensurate alternative award from a public 
or private high school, has obtained the General Education Development 
credential, or otherwise has satisfied section 1102(b)(1)(D)(iii), the 
alien may submit to the Secretary the following:
            (1) A high school diploma, certificate of completion, or 
        other alternate award.
            (2) A high school equivalency diploma or certificate 
        recognized under State law.
            (3) Evidence that the alien passed a State-authorized exam, 
        including the General Education Development test, in the United 
        States.
            (4) Evidence that the alien successfully completed an area 
        career and technical education program, such as a 
        certification, certificate, or similar alternate award.
            (5) Evidence that the alien obtained a recognized 
        postsecondary credential.
            (6) Any other evidence determined to be credible by the 
        Secretary.
    (f) Documents Establishing Enrollment in an Educational Program.--
To establish that an alien is enrolled in any school or education 
program described in section 1102(b)(1)(D)(iv) or 104(a)(1)(C), the 
alien may submit school records from the United States school that the 
alien is currently attending that include--
            (1) the name of the school; and
            (2) the alien's name, periods of attendance, and current 
        grade or educational level.
    (g) Documents Establishing Exemption From Application Fees.--To 
establish that an alien is exempt from an application fee under this 
division, the alien may submit to the Secretary the following relevant 
documents:
            (1) Documents to establish age.--To establish that an alien 
        meets an age requirement, the alien may provide proof of 
        identity, as described in subsection (a), that establishes that 
        the alien is 18 years of age or younger.
            (2) Documents to establish income.--To establish the 
        alien's income, the alien may provide--
                    (A) employment records or other records of earned 
                income, including records that have been maintained by 
                the Social Security Administration, the Internal 
                Revenue Service, or any other Federal, State, or local 
                government agency;
                    (B) bank records; or
                    (C) at least two sworn affidavits from individuals 
                who are not related to the alien and who have direct 
                knowledge of the alien's work and income that contain--
                            (i) the name, address, and telephone number 
                        of the affiant; and
                            (ii) the nature and duration of the 
                        relationship between the affiant and the alien.
            (3) Documents to establish foster care, lack of familial 
        support, or serious, chronic disability.--To establish that the 
        alien is in foster care, lacks parental or familial support, or 
        has a serious, chronic disability, the alien may provide at 
        least two sworn affidavits from individuals who are not related 
        to the alien and who have direct knowledge of the circumstances 
        that contain--
                    (A) a statement that the alien is in foster care, 
                otherwise lacks any parental or other familiar support, 
                or has a serious, chronic disability, as appropriate;
                    (B) the name, address, and telephone number of the 
                affiant; and
                    (C) the nature and duration of the relationship 
                between the affiant and the alien.
    (h) Documents Establishing Qualification for Hardship Exemption.--
To establish that an alien satisfies one of the criteria for the 
hardship exemption set forth in section 1104(a)(2)(C), the alien may 
submit to the Secretary at least two sworn affidavits from individuals 
who are not related to the alien and who have direct knowledge of the 
circumstances that warrant the exemption, that contain--
            (1) the name, address, and telephone number of the affiant; 
        and
            (2) the nature and duration of the relationship between the 
        affiant and the alien.
    (i) Documents Establishing Service in the Uniformed Services.--To 
establish that an alien has served in the Uniformed Services for at 
least 2 years and, if discharged, received an honorable discharge, the 
alien may submit to the Secretary--
            (1) a Department of Defense form DD-214;
            (2) a National Guard Report of Separation and Record of 
        Service form 22;
            (3) personnel records for such service from the appropriate 
        Uniformed Service; or
            (4) health records from the appropriate Uniformed Service.
    (j) Documents Establishing Earned Income.--
            (1) In general.--An alien may satisfy the earned income 
        requirement under section 1104(a)(1)(C)(iii) by submitting 
        records that--
                    (A) establish compliance with such requirement; and
                    (B) have been maintained by the Social Security 
                Administration, the Internal Revenue Service, or any 
                other Federal, State, or local government agency.
            (2) Other documents.--An alien who is unable to submit the 
        records described in paragraph (1) may satisfy the earned 
        income requirement by submitting at least two types of reliable 
        documents that provide evidence of employment or other forms of 
        earned income, including--
                    (A) bank records;
                    (B) business records;
                    (C) employer or contractor records;
                    (D) records of a labor union, day labor center, or 
                organization that assists workers in employment;
                    (E) sworn affidavits from individuals who are not 
                related to the alien and who have direct knowledge of 
                the alien's work, that contain--
                            (i) the name, address, and telephone number 
                        of the affiant; and
                            (ii) the nature and duration of the 
                        relationship between the affiant and the alien;
                    (F) remittance records; or
                    (G) any other evidence determined to be credible by 
                the Secretary.
    (k) Authority To Prohibit Use of Certain Documents.--If the 
Secretary determines, after publication in the Federal Register and an 
opportunity for public comment, that any document or class of documents 
does not reliably establish identity or that permanent resident status 
under this division (whether on a conditional basis, or without the 
conditional basis as provided in section 1104(c)(2)) is being obtained 
fraudulently to an unacceptable degree, the Secretary may prohibit or 
restrict the use of such document or class of documents.

SEC. 3108. RULE MAKING.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary shall publish in the Federal 
Register interim final rules implementing this division, which shall 
allow eligible individuals to immediately apply for relief under this 
division. Notwithstanding section 553 of title 5, United States Code, 
the regulation shall be effective, on an interim basis, immediately 
upon publication, but may be subject to change and revision after 
public notice and opportunity for a period of public comment. The 
Secretary shall finalize such rules not later than 180 days after the 
date of publication.
    (b) Paperwork Reduction Act.--The requirements under chapter 35 of 
title 44, United States Code (commonly known as the ``Paperwork 
Reduction Act''), shall not apply to any action to implement this Act.

SEC. 3109. CONFIDENTIALITY OF INFORMATION.

    (a) In General.--The Secretary may not disclose or use information 
(including information provided during administrative or judicial 
review) provided in applications filed under this division or in 
requests for DACA for the purpose of immigration enforcement.
    (b) Referrals Prohibited.--The Secretary, based solely on 
information provided in an application for adjustment of status under 
this division (including information provided during administrative or 
judicial review) or an application for DACA, may not refer an applicant 
to U.S. Immigration and Customs Enforcement, U.S. Customs and Border 
Protection, or any designee of either such entity.
    (c) Limited Exception.--Notwithstanding subsections (a) and (b), 
information provided in an application for adjustment of status under 
this division may be shared with Federal security and law enforcement 
agencies--
            (1) for assistance in the consideration of an application 
        for adjustment of status under this division;
            (2) to identify or prevent fraudulent claims;
            (3) for national security purposes; or
            (4) for the investigation or prosecution of any felony 
        offense not related to immigration status.
    (d) Penalty.--Any person who knowingly uses, publishes, or permits 
information to be examined in violation of this section shall be fined 
not more than $10,000.

SEC. 3110. GRANT PROGRAM TO ASSIST ELIGIBLE APPLICANTS.

    (a) Establishment.--The Secretary shall establish, within U.S. 
Citizenship and Immigration Services, a program to award grants, on a 
competitive basis, to eligible nonprofit organizations that will use 
the funding to assist eligible applicants under this division by 
providing them with the services described in subsection (b).
    (b) Use of Funds.--Grant funds awarded under this section shall be 
used for the design and implementation of programs that provide--
            (1) information to the public regarding the eligibility and 
        benefits of permanent resident status under this division 
        (whether on a conditional basis, or without the conditional 
        basis as provided in section 1104(c)(2)), particularly to 
        individuals potentially eligible for such status;
            (2) assistance, within the scope of authorized practice of 
        immigration law, to individuals submitting applications for 
        adjustment of status under this division (whether on a 
        conditional basis, or without the conditional basis as provided 
        in section 1104(c)(2)), including--
                    (A) screening prospective applicants to assess 
                their eligibility for such status;
                    (B) completing applications and petitions, 
                including providing assistance in obtaining the 
                requisite documents and supporting evidence; and
                    (C) providing any other assistance that the 
                Secretary or grantee considers useful or necessary to 
                apply for adjustment of status under this division 
                (whether on a conditional basis, or without the 
                conditional basis as provided in section 1104(c)(2)); 
                and
            (3) assistance, within the scope of authorized practice of 
        immigration law, and instruction, to individuals--
                    (A) on the rights and responsibilities of United 
                States citizenship;
                    (B) in civics and English as a second language;
                    (C) in preparation for the General Education 
                Development test; and
                    (D) in applying for adjustment of status and United 
                States citizenship.
    (c) Authorization of Appropriations.--
            (1) Amounts authorized.--There are authorized to be 
        appropriated such sums as may be necessary for each of the 
        fiscal years 2022 through 2032 to carry out this section.
            (2) Availability.--Any amounts appropriated pursuant to 
        paragraph (1) shall remain available until expended.

SEC. 3111. PROVISIONS AFFECTING ELIGIBILITY FOR ADJUSTMENT OF STATUS.

    An alien's eligibility to be lawfully admitted for permanent 
residence under this division (whether on a conditional basis, or 
without the conditional basis as provided in section 1104(c)(2)) shall 
not preclude the alien from seeking any status under any other 
provision of law for which the alien may otherwise be eligible.

SEC. 3112. SUPPLEMENTARY SURCHARGE FOR APPOINTED COUNSEL.

    (a) In General.--Except as provided in section 3102 and in cases 
where the applicant is exempt from paying a fee under section 3103(c), 
in any case in which a fee is charged pursuant to this division, an 
additional surcharge of $25 shall be imposed and collected for the 
purpose of providing appointed counsel to applicants seeking judicial 
review of the Secretary's decision to provisionally deny an application 
under this Act.
    (b) Immigration Counsel Account.--There is established in the 
general fund of the Treasury a separate account which shall be known as 
the ``Immigration Counsel Account''. Fees collected under subsection 
(a) shall be deposited into the Immigration Counsel Account and shall 
remain available until expended for purposes of providing appointed 
counsel as required under this Act.
    (c) Report.--At the end of each 2-year period, beginning with the 
establishment of this account, the Secretary of Homeland Security shall 
submit a report to the Congress concerning the status of the account, 
including any balances therein, and recommend any adjustment in the 
prescribed fee that may be required to ensure that the receipts 
collected from the fee charged for the succeeding 2 years equal, as 
closely as possible, the cost of providing appointed counsel as 
required under this Act.

SEC. 3113. ANNUAL REPORT ON PROVISIONAL DENIAL AUTHORITY.

    Not later than 1 year after the date of the enactment of this Act, 
and annually thereafter, the Secretary of Homeland Security shall 
submit to the Congress a report detailing the number of applicants that 
receive--
            (1) a provisional denial under this division;
            (2) a final denial under this division without seeking 
        judicial review;
            (3) a final denial under this division after seeking 
        judicial review; and
            (4) an approval under this division after seeking judicial 
        review.

               TITLE IV--DIGNITY AND REDEMPTION PROGRAMS

                      Subtitle A--Dignity Program

SEC. 4001. ESTABLISHMENT.

    (a) In General.--There is established a program, to be known as the 
``Dignity Program'' under this subtitle, which shall provide for 
deferred action on removal and the provision of employment 
authorization in the case of eligible applicants, in accordance with 
the provisions of this subtitle.
    (b) Abolition of 3- and 10-Year Bars.--For purposes of this 
subtitle, section 212(a)(9) of the Immigration and Nationality Act 
shall not apply for purposes of any person who applies and thereafter 
participates in the Dignity Program.

SEC. 4002. ELIGIBILITY.

    The Secretary of Homeland Security shall approve an application to 
participate in the Dignity Program from an eligible alien subject to 
the following:
            (1) Application.--The applicant shall submit such 
        information that the Secretary determines sufficient to prove 
        the following:
                    (A) That the alien has been continually physically 
                present in the United States since July 4, 2017.
                    (B) That the alien is not inadmissible under 
                section 212(a) of the Immigration and Nationality Act 
                (except that paragraph (9) shall not apply for purposes 
                of this section).
                    (C) That the alien has included payment of a 
                contribution to the American Worker Fund of $2,000.
            (2) Submission of biometric and biographic data; background 
        checks.--
                    (A) Submission of biometric and biographic data.--
                The Secretary may not approve such an application, 
                unless the alien submits biometric and biographic data, 
                in accordance with procedures established by the 
                Secretary. The Secretary shall provide an alternative 
                procedure for aliens who are unable to provide such 
                biometric or biographic data because of a physical 
                impairment.
                    (B) Background checks.--The Secretary shall use 
                biometric, biographic, and other data that the 
                Secretary determines appropriate to conduct security 
                and law enforcement background checks and to determine 
                whether there is any criminal, national security, or 
                other factor that would render the alien ineligible for 
                participation in the Dignity Program in accordance with 
                paragraph (3). The application for participation in the 
                Dignity Program may not be approved unless security and 
                law enforcement background checks are completed to the 
                satisfaction of the Secretary.
            (3) Grounds of ineligibility.--Except as provided in 
        paragraph (2), an alien is ineligible for participation in the 
        Dignity Program if, excluding any offense under State law for 
        which an essential element is the alien's immigration status, 
        and any minor traffic offense, the alien has been convicted 
        of--
                    (A) any felony offense;
                    (B) two or more misdemeanor offenses (excluding 
                simple possession of cannabis or cannabis-related 
                paraphernalia, any offense involving cannabis or 
                cannabis-related paraphernalia which is no longer 
                prosecutable in the State in which the conviction was 
                entered, and any offense involving civil disobedience 
                without violence) not occurring on the same date, and 
                not arising out of the same act, omission, or scheme of 
                misconduct; or
                    (C) a misdemeanor offense of domestic violence, 
                unless the alien demonstrates that such crime is 
                related to the alien having been--
                            (i) a victim of domestic violence, sexual 
                        assault, stalking, child abuse or neglect, 
                        abuse or neglect in later life, or human 
                        trafficking;
                            (ii) battered or subjected to extreme 
                        cruelty; or
                            (iii) a victim of criminal activity 
                        described in section 101(a)(15)(U)(iii) of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1101(a)(15)(U)(iii)).

SEC. 4003. REGISTRATION; DEPARTURE.

    (a) Registration.--Any alien approved to participate in the Dignity 
Program shall--
            (1) register with the Secretary of Homeland Security;
            (2) submit biometric and biographic data to the Secretary; 
        and
            (3) submit a sworn declaration stipulating to presence in 
        the United States without a lawful immigration status, and, as 
        appropriate, unlawful presence, in the United States.
    (b) Departure.--Not later than 24 months after the date of the 
enactment of this Act, any alien present in the United States without 
lawful status under the immigration laws, or not participating in the 
programs outlined in title A or B or seeking Certified Agricultural 
Worker status under this Act shall apply for the Dignity Program or 
depart the United States.
    (c) Intentional Self-Deportation.--Any alien that voluntarily 
departs the United States not later than 24 months after the date of 
the enactment of this Act shall not be subject to the provisions of 
section 212(a)(9) of the Immigration and Nationality Act with respect 
to--
            (1) any removal ordered under section 235(b)(1) of such Act 
        or at the end of proceedings under section 240 of such Act 
        initiated upon the alien's arrival in the United States; or
            (2) any removal ordered under section 240 of such Act,
prior to the date of the enactment of this Act.

SEC. 4004. PROGRAM PARTICIPATION.

    (a) In General.--Any applicant who is approved to participate in 
the Dignity Program shall make an appearance before an immigration 
judge who shall issue an order deferring further action for a period of 
10 years.
    (b) Conditions.--Each participant in the Dignity Program shall 
conform to the following:
            (1) Report.--The participant shall biennially report to the 
        Secretary of Homeland Security and provide the following 
        information:
                    (A) Place of residence.
                    (B) Testimony as to good standing within the 
                community.
            (2) Sponsorship.--A United States national may sponsor a 
        prospective participant by providing not more than half of the 
        restitution due under paragraph (3) and assist with an 
        application.
            (3) Restitution.--The participant shall pay an additional 
        fee of $2,000 with each report under paragraph (1), until a 
        total amount of $10,000 has been paid.
            (4) Lawful conduct.--The participant shall comply with all 
        Federal and State laws.
            (5) Employment.--The participant shall remain, for a period 
        of not less than 5 years during their participation in the 
        Dignity Program, employed (including self-employment and 
        serving as a caregiver) or while enrolled in a course of study 
        at an institute of higher education, as defined in section 102 
        of the Higher Education Act of 1965 (20 U.S.C. 1002), or an 
        area career and technical education school, as defined in 
        section 3 of the Carl D. Perkins Career and Technical Education 
        Act of 2006 (20 U.S.C. 2302). The Secretary may waive the 
        application of this paragraph in the case of any alien with 
        dependents under the age of 12, or any alien the Secretary 
        determines would be unable to reasonably comply by reason of a 
        disability or other impediment.
            (6) Taxes.--The participant shall pay any applicable taxes 
        and satisfy any tax obligations outstanding as of the date of 
        application approval.
            (7) Support dependents.--The participant shall support any 
        dependents including by providing food, shelter, clothing, 
        education, and covering basic medical needs.
            (8) Medical costs.--
                    (A) In general.--The participant shall be enrolled 
                under qualifying health coverage.
                    (B) Definition.--For purposes of this paragraph, 
                the term ``qualifying health coverage'' means, with 
                respect to the participant, the higher of the following 
                levels of coverage applicable to such alien:
                            (i) At a minimum, catastrophic health 
                        insurance coverage that provides coverage of 
                        such individual with respect to at least the 
                        State of employment and State of residence of 
                        the alien.
                            (ii) In the case of an alien whose State of 
                        residence or State of employment requires such 
                        an alien to maintain coverage under health 
                        insurance, such health insurance.
            (9) Public benefits.--Beginning on the date of 
        participation in the Dignity Program, the participant shall not 
        avail himself or herself of any Federal means-tested benefits 
        or entitlement programs. For purposes of this paragraph, any 
        benefits received by a child or dependent that is a United 
        States citizen living in the same household shall not be taken 
        into account.
            (10) Levy.--In addition to other taxes, there is hereby 
        imposed on the income of every participant a tax equal to 2 
        percent of the wages (as defined in section 3121(a) of the 
        Internal Revenue Code of 1986) received by the individual with 
        respect to employment (as defined in section 3121(b) the 
        Internal Revenue Code of 1986). The participant shall comply 
        with the requirements of section 9512 of the Internal Revenue 
        Code of 1986.
            (11) Exemption from certain payroll taxes.--A participant 
        shall not be liable for any tax under section 3101 or 3102 of 
        the Internal Revenue Code of 1986.
    (c) Violations.--If a participant violates a condition under 
subsection (b), the Secretary may at the Secretary's discretion, waive 
enforcement of minor violations including late fees, take extenuating 
circumstances into effect, or consider factors of undue hardship, but 
in all other cases, the Secretary shall initiate removal proceedings. 
In such proceedings, the immigration judge may make a determination as 
to whether to order removal or to issue an order modifying the 
conditions of that participant's participation in the Dignity Program.

SEC. 4005. COMPLETION.

    (a) In General.--Upon satisfying the conditions set forth in 
subsection (b) and thereby successfully completing the Dignity Program, 
and subject to sections 1151 and 6115 of division A of this Act, the 
participant may choose--
            (1) to receive a visa or status under this section; or
            (2) to register for the Redemption Program under subtitle 
        B.
    (b) Completion.--The conditions set forth in this subsection for 
successful completion of the Dignity Program are as follows:
            (1) Compliance with all requirements of subsection (b)(1).
            (2) Compliance with all requirements of subsection (b)(2).
            (3) Compliance with the requirement of subsection (b)(3) 
        for the entire period of the participation in the Dignity 
        Program.
    (c) Dignity Visa.--The visa or status under this section--
            (1) shall be valid for a period of 5 years;
            (2) may be renewed any number of times;
            (3) shall provide the alien with--
                    (A) lawful status as a nonimmigrant;
                    (B) authorization for employment; and
                    (C) the ability to reenter the United States any 
                number of times; and
            (4) shall preclude the alien from adjusting to any other 
        status.
    (d) Redemption Program.--Upon renewal of a visa under this section, 
an applicant may choose to register for the Redemption Program under 
subtitle B.

                     Subtitle B--Redemption Program

SEC. 4101. ESTABLISHMENT.

    (a) Establishment.--There is established a program, to be known as 
the ``Redemption Program'', under which eligible applicants may acquire 
conditional redemption status, and shall be authorized to apply for 
lawful permanent residency under the immigration laws in accordance 
with section 4103. Such status shall be valid for a period of 5 years, 
and may be renewed any number of times.
    (b) Eligibility.--To be eligible to apply under the Redemption 
Program, an applicant shall be an alien who has successfully completed 
the Dignity Program under subtitle A.
    (c) Status.--In the case of an alien who is an eligible applicant 
granted conditional redemption status under this section, the alien--
            (1) may not be removed or return the alien to the alien's 
        country of nationality or, in the case of a person having no 
        nationality, the country of the alien's last habitual 
        residence;
            (2) shall be authorized to engage in employment in the 
        United States and be provided with appropriate endorsement of 
        that authorization; and
            (3) may be allowed the alien to travel abroad with prior 
        consent.
    (d) Conditionality.--Conditional redemption status does not convey 
a right to remain permanently in the United States, and may be 
terminated if it is determined that the alien has violated any 
condition set forth under section 4102.

SEC. 4102. CONDITIONS.

    An alien receiving conditional status under section 4101 shall 
comply with the following:
            (1) The alien shall report to the Secretary of Homeland 
        Security every 20 months.
            (2) The alien shall maintain an accurate record with the 
        Secretary of the following:
                    (A) The alien's place of residence.
                    (B) Testimony regarding good standing within the 
                community.
            (3) The alien shall complete either of the following:
                    (A) Payment of additional fees of $2,500 upon each 
                report under paragraph (1), but not to exceed a total 
                of $7,500; or
                    (B) Certification that the alien has completed such 
                community service requirement as the Secretary may 
                establish, consistent with the following:
                            (i) Not less than 200 hours of community 
                        service shall be required.
                            (ii) The community service may be completed 
                        with the National Service Corps or with other, 
                        local community service providers, as the 
                        Secretary determines appropriate.
            (4) The alien has learned English.
            (5) The alien has learned United States civics.

SEC. 4103. COMPLETION AND REMOVAL OF CONDITIONAL STATUS.

    If an alien maintains compliance with the requirements of this 
section for a period of 5 years beginning on the date that the alien's 
application for participation in the Redemption Program is approved, 
then that alien shall be eligible to apply for adjustment of status to 
that of a lawful permanent resident, except that the alien's status 
granted under section 4101 may not be extended unless the alien 
demonstrates that the alien satisfies the requirements under section 
312(a) of the Immigration and Nationality Act (8 U.S.C. 1423(a)).

              Subtitle C--Contribution to American Workers

SEC. 4200. PURPOSE.

    This subtitle shall direct restitution payments from the Dignity 
and Redemption programs to be disbursed to American workers through 
promoting apprenticeships and other work-based learning programs for 
small and medium-sized businesses within in-demand industry sectors, 
through the establishment and support of industry or sector 
partnerships.

SEC. 4201. AVAILABILITY OF FUNDS.

    From funds paid by restitution under title IV of division B of the 
Dignity for Immigrants while Guarding our Nation to Ignite and Deliver 
the American Dream Act and available under section 286(s)(2) of the 
Immigration and Nationality Act (8 U.S.C. 1356(s)(2)), the Secretary 
shall carry out this Act.

SEC. 4202. CONFORMING AMENDMENTS.

    (a) American Competitiveness and Workforce Improvement Act of 
1998.--Section 414(c) of the American Competitiveness and Workforce 
Improvement Act of 1998 (29 U.S.C. 2916a) is repealed.
    (b) Immigration and Nationality Act.--Section 286(s)(2) of the 
Immigration and Nationality Act (8 U.S.C. 1356(s)(2)) is amended to 
read as follows:
            ``(2) Use of fees for work-based learning programs.--90 
        percent of amounts deposited into the H-1B Nonimmigrant 
        Petitioner Account pursuant to the Dignity for Immigrants while 
        Guarding our Nation to Ignite and Deliver the American Dream 
        Act shall remain available to the Secretary of Labor until 
        expended to carry out the Dignity for Immigrants while Guarding 
        our Nation to Ignite and Deliver the American Dream Act.''.

  PART 1--PROMOTING APPRENTICESHIPS THROUGH REGIONAL TRAINING NETWORKS

SEC. 4301. DEFINITIONS.

    In this Act:
            (1) Eligible partnership.--The term ``eligible 
        partnership'' means an industry or sector partnership as 
        defined in section 3 of the Workforce Innovation and 
        Opportunity Act (29 U.S.C. 3102) that submits and obtains 
        approval of an application consistent with section 5(c).
            (2) In-demand industry sector.--The term ``in-demand 
        industry sector'' means a sector described in subparagraphs 
        (A)(i) and (B) of section 3(23) of the Workforce Innovation and 
        Opportunity Act (29 U.S.C. 3102(23)).
            (3) Local or regional.--The term ``local or regional'', 
        used with respect to an entity, means that the entity provides 
        services in, respectively, a local area or region.
            (4) Workforce terms.--The terms ``Governor'', ``individual 
        with a barrier to employment'', ``industry or sector 
        partnership'', ``local area'', ``local board'', ``State 
        board'', ``outlying area'', ``recognized postsecondary 
        credential'', ``region'', ``State'', and ``supportive 
        services'', used with respect to activities supported under 
        this Act, have the meanings given the terms in section 3 of the 
        Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.

SEC. 4302. ALLOTMENTS TO STATES.

    (a) Reservation.--Of the amounts available for this Act under 
section 4, the Secretary may reserve--
            (1) not more than 5 percent of those amounts for the costs 
        of technical assistance and Federal administration of this Act;
            (2) not more than 2 percent of those amounts for the costs 
        of evaluations conducted under section 8(b); and
            (3) not more than \1/4\ of 1 percent of such amounts to 
        provide assistance to the outlying areas.
    (b) Allotments.--
            (1) In general.--Of the amounts available for this Act 
        under section 4 that remain after the Secretary makes the 
        reservations under subsection (a), the Secretary shall, for the 
        purpose of supporting (which may include assistance in 
        establishing expanded) local or regional eligible partnerships 
        to support work-based learning programs under this Act, make 
        allotments to eligible States in accordance with clauses (ii) 
        through (v) of section 132(b)(1)(B) of the Workforce Innovation 
        and Opportunity Act (29 U.S.C. 3162(b)(1)(C)), subject to 
        paragraph (2).
            (2) Application.--For purposes of applying the clauses 
        described in paragraph (1), under paragraph (1), the 
        Secretary--
                    (A) shall not apply subclauses (I) and (III) of 
                clause (iv) with respect to the first fiscal year after 
                the date of enactment of this Act;
                    (B) shall apply clause (iv)(II) by substituting 
                ``0.5 percent of the remaining amounts described in 
                paragraph (1)'' for the total described in that clause;
                    (C) shall not apply clause (iv)(IV);
                    (D) shall apply clause (v)(II) by substituting the 
                term ``allotment percentage'', used with respect to the 
                second full fiscal year after the date of enactment of 
                this Act, or a subsequent fiscal year, means a 
                percentage of the remaining amounts described in 
                paragraph (1) that is received through an allotment 
                made under this subsection for the fiscal year for the 
                two sentences in that clause; and
                    (E) shall apply clause (v)(III) by substituting ``a 
                work-based learning program carried out under this 
                Act'' for ``a program of workforce investment 
                activities carried out under this subtitle''.
            (3) Use of unallotted funds.--If a State fails to meet the 
        requirements for an allotment under this subsection, the 
        Secretary may allot funds that are not allotted under 
        paragraphs (1) and (2) to eligible States under a formula based 
        on the formula specified in section 132(c) of the Workforce 
        Innovation and Opportunity Act (29 U.S.C. 3173(c)).
            (4) Definition.--In this subsection, the term ``eligible 
        State'' means a State that meets the requirements of section 
        102 or 103 of the Workforce Innovation and Opportunity Act (29 
        U.S.C. 3112, 3113) and subsection (c).
    (c) State Eligibility.--To be eligible to receive an allotment 
under subsection (b), a State, in consultation with State boards and 
local boards, shall submit an application to the Secretary, at such 
time, in such manner, and containing a description of the activities to 
be carried out with the grant funds. At a minimum, the application 
shall include information on--
            (1) the local or regional industry or sector partnerships 
        that will be supported, including the lead partners for the 
        partnerships, and how the partnerships will work to engage 
        small and medium-sized businesses, as applicable, in the 
        activities of the partnerships;
            (2) the in-demand industry sectors that will be served, 
        including how such industry sectors were identified, and how 
        the activities of the partnerships will align with State, 
        regional, and local plans as required under title I of the 
        Workforce Innovation and Opportunity Act (29 U.S.C. 3111 et 
        seq.);
            (3) the apprenticeship programs or other work-based 
        learning programs to be supported though the partnerships;
            (4) the populations that will receive services, including 
        individuals with barriers to employment and populations that 
        were historically underrepresented in the industry sectors to 
        be served through the partnerships;
            (5) the services, including business engagement, classroom 
        instruction, and support services (including at least 6 months 
        of post-employment support services), that will be supported 
        through the grant funds;
            (6) the recognized postsecondary credentials that workers 
        will obtain through participation in the program and the 
        quality of the program that leads to the credentials;
            (7) levels of performance to be achieved on the performance 
        indicators described in section 8, to measure progress towards 
        expanding work-based learning programs;
            (8) how local or regional partnerships will leverage 
        additional resources, including funding provided under title I 
        of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111 
        et seq.) and non-Federal resources, to support the activities 
        carried out under this Act; and
            (9) such other subjects as the Secretary may require.
    (d) Review of Applications.--The Secretary shall review 
applications submitted under subsection (c) in consultation with the 
Secretary of Education and the Secretary of Health and Human Services.

SEC. 4303. GRANTS TO PARTNERSHIPS.

    (a) Grants.--
            (1) In general.--The Governor of a State that receives an 
        allotment under section 5 shall use the funds made available 
        through the allotment and not reserved under subsection (d) to 
        award grants to eligible partnerships. The Governor shall award 
        the grants for the purpose of assisting (which may include 
        establishing or expanding) local or regional industry or sector 
        partnerships that are identified in the application submitted 
        under section 5(c), to carry out activities described in 
        section 7.
            (2) Period of grant.--A State may make a grant under this 
        section for a period of 3 years.
            (3) Availability of funds.--The Governor of a State that 
        receives an allotment under section 5 for a fiscal year may use 
        the funds made available through the allotment during that year 
        or the 2 subsequent fiscal years.
    (b) Eligibility.--To be eligible to receive a grant under this 
section, an industry or sector partnership described in subsection 
(a)(1) shall--
            (1) submit an application to the State at such time, in 
        such manner, and containing such information as the State may 
        require; and
            (2) designate a partner in the industry or sector 
        partnership, to serve as the fiscal agent for purposes of the 
        grant.
    (c) Awards of Grants.--
            (1) Participation in multiple eligible partnerships.--
        Subject to paragraph (2), a State may award grants under this 
        section in a way that results in an entity being represented in 
        more than one partnership that receives such a grant.
            (2) Geographic diversity.--In making the grants, a State 
        shall ensure that there is geographic diversity in the areas in 
        which activities will be carried out under the grants.
    (d) Administration.--The State may reserve not more than 5 percent 
of the amount of an allotment under section 5 for the administration of 
the grants awarded under this section.

SEC. 4304. USE OF FUNDS.

    (a) In General.--An eligible partnership that receives a grant 
under section 6 shall use the grant funds to support apprenticeships or 
other work-based learning programs. The eligible partnership shall use 
the grant funds to support the activities described in subsections (b) 
and (c) and such other strategies as may be necessary to support the 
development and implementation of work-based learning programs, and 
participant retention in and completion of those programs. The 
partnership may use the grant funds to establish or expand eligible 
partnerships.
    (b) Business Engagement.--The eligible partnership shall use grant 
funds to provide services to engage businesses in work-based learning 
programs, which may include assisting a small or medium-sized business 
with--
            (1) the navigation of the registration process for a 
        sponsor of an apprenticeship program;
            (2) the connection of the business with an education 
        provider to develop classroom instruction to complement on-the-
        job learning;
            (3) the development of a curriculum for a work-based 
        learning program;
            (4) the employment of workers in a work-based learning 
        program for a transitional period before the business hires an 
        individual for continuing employment;
            (5) the provision of training to managers and front-line 
        workers to serve as trainers or mentors to workers in the work-
        based learning program;
            (6) the provision of career awareness activities; and
            (7) the recruitment of individuals to participate in a 
        work-based learning program from individuals receiving 
        additional workforce and human services, including--
                    (A) workers in programs under the Workforce 
                Innovation and Opportunity Act (29 U.S.C. 3101 et 
                seq.);
                    (B) recipients of assistance through the 
                supplemental nutrition assistance program established 
                under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 
                et seq.); and
                    (C) recipients of assistance through the program of 
                block grants to States for temporary assistance for 
                needy families established under part A of title IV of 
                the Social Security Act (42 U.S.C. 601 et seq.).
    (c) Support Services for Workers.--
            (1) In general.--The eligible partnership shall use grant 
        funds to provide support services for workers to assure their 
        success in work-based learning programs, which may include--
                    (A) connection of individuals with adult basic 
                education during pre-work-based learning or training, 
                and during the period of employment;
                    (B) connection of individuals with pre-work-based 
                learning or training, including through a pre-
                apprenticeship program;
                    (C) provision of additional mentorship and 
                retention supports for individuals pre-work-based 
                learning or training, and during the period of 
                employment;
                    (D) provision of tools, work attire, and other 
                required items necessary to start employment pre-work-
                based learning or training, and during the period of 
                employment; and
                    (E) provision of transportation, child care 
                services, or other support services pre-work-based 
                learning or training, and during the period of 
                employment.
            (2) Length of services.--Each eligible partnership shall 
        provide support services for workers for not less than 12 
        months after the date of placement of an individual in a work-
        based learning program. That 12-month period shall include a 
        period of pre-work-based learning or training, a transitional 
        period of employment as described in subsection (b)(4), and a 
        period of continuing employment.

SEC. 4305. PERFORMANCE AND ACCOUNTABILITY.

    (a) Local Reports.--Not later than 1 year after receiving a grant 
under section 6, and annually thereafter, each eligible partnership in 
a State shall conduct an evaluation and submit to the State a local 
report containing information on--
            (1) levels of performance achieved by the eligible 
        partnership with respect to the performance indicators under 
        section 116(b)(2)(A) of the Workforce Innovation and 
        Opportunity Act (29 U.S.C. 3141(b)(2)(A))--
                    (A) for all workers in the work-based learning 
                program involved; and
                    (B) for all such workers, disaggregated by each 
                population specified in section 3(24) of the Workforce 
                Innovation and Opportunity Act (29 U.S.C. 3102(24)) and 
                by race, ethnicity, sex, and age; and
            (2) levels of performance achieved by the eligible 
        partnership with respect to the performance indicators under 
        that section 116(b)(2)(A)--
                    (A) for individuals with barriers to employment in 
                the work-based learning program involved; and
                    (B) for all such individuals, disaggregated by each 
                population specified in section 3(24) of the Workforce 
                Innovation and Opportunity Act and by race, ethnicity, 
                sex, and age.
    (b) State Reports.--Not later than 24 months after receiving 
initial local reports under subsection (a) (but in no case less than 18 
months after the corresponding grants are awarded) and annually 
thereafter, the State shall conduct an evaluation and submit a report 
to the Secretary containing--
            (1) the information provided by the eligible partnerships 
        through the local reports; and
            (2) the State level of performance, aggregated across all 
        eligible partnerships, with respect to the performance 
        indicators described in subsection (a).

                      PART 2--HIGH-DEMAND CAREERS

SEC. 4401. GRANTS FOR ACCESS TO HIGH-DEMAND CAREERS.

    (a) Purpose.--The purpose of this section is to expand student 
access to, and participation in, new industry-led earn-and-learn 
programs leading to high-wage, high-skill, and high-demand careers.
    (b) Authorization of Apprenticeship Grant Program.--
            (1) In general.--From the amounts provided under this 
        title, the Secretary shall award grants, on a competitive 
        basis, to eligible partnerships for the purpose described in 
        subsection (a).
            (2) Duration.--The Secretary shall award grants under this 
        section for a period of--
                    (A) not less than 1 year; and
                    (B) not more than 4 years.
            (3) Limitations.--
                    (A) Number of awards.--An eligible partnership or 
                member of such partnership may not be awarded more than 
                one grant under this section.
                    (B) Administration costs.--An eligible partnership 
                awarded a grant under this section may not use more 
                than 5 percent of the grant funds to pay administrative 
                costs associated with activities funded by the grant.
    (c) Matching Funds.--To receive a grant under this section, an 
eligible partnership shall, through cash or in-kind contributions, 
provide matching funds from non-Federal sources in an amount equal to 
or greater than 50 percent of the amount of such grant.
    (d) Applications.--
            (1) In general.--To receive a grant under this section, an 
        eligible partnership shall submit to the Secretary at such a 
        time as the Secretary may require, an application that--
                    (A) identifies and designates the business or 
                institution of higher education responsible for the 
                administration and supervision of the earn-and-learn 
                program for which such grant funds would be used;
                    (B) identifies the businesses and institutions of 
                higher education that comprise the eligible 
                partnership;
                    (C) identifies the source and amount of the 
                matching funds required under subsection (c);
                    (D) identifies the number of students who will 
                participate and complete the relevant earn-and-learn 
                program within 1 year of the expiration of the grant;
                    (E) identifies the amount of time, not to exceed 2 
                years, required for students to complete the program;
                    (F) identifies the relevant recognized 
                postsecondary credential to be awarded to students who 
                complete the program;
                    (G) identifies the anticipated earnings of 
                students--
                            (i) 1 year after program completion; and
                            (ii) 3 years after program completion;
                    (H) describes the specific project for which the 
                application is submitted, including a summary of the 
                relevant classroom and paid structured on-the-job 
                training students will receive;
                    (I) describes how the eligible partnership will 
                finance the program after the end of the grant period;
                    (J) describes how the eligible partnership will 
                support the collection of information and data for 
                purposes of the program evaluation required under 
                subsection (e); and
                    (K) describes the alignment of the program with 
                State identified in-demand industry sectors.
    (e) Evaluation.--
            (1) In general.--From the amounts provided under this 
        title, the Secretary shall provide for the independent 
        evaluation of the grant program established under this section 
        that includes the following:
                    (A) The number of eligible individuals who 
                participated in programs assisted under this section.
                    (B) The percentage of program participants who are 
                in unsubsidized employment during the second quarter 
                after exit from the program.
                    (C) The percentage of program participants who are 
                in unsubsidized employment during the fourth quarter 
                after exit from the program.
                    (D) The median earnings of program participants who 
                are in unsubsidized employment during the second 
                quarter after exit from the program.
                    (E) The percentage of program participants who 
                obtain a recognized postsecondary credential during 
                participation in the program.
            (2) Publication.--The evaluation required by this 
        subsection shall be made publicly available on the website of 
        the Department.
    (f) Definitions.--In this section:
            (1) Earn-and-learn program.--The term ``earn-and-learn 
        program'' means an education program, including an 
        apprenticeship program, that provides students with structured, 
        sustained, and paid on-the-job training and accompanying, for 
        credit, classroom instruction that--
                    (A) is for a period of between 3 months and 2 
                years; and
                    (B) leads to, on completion of the program, a 
                recognized postsecondary credential.
            (2) Eligible partnership.--The term ``eligible 
        partnership'' shall mean a consortium that includes--
                    (A) 1 or more businesses; and
                    (B) 1 or more institutions of higher education.
            (3) In-demand industry sector or occupation.--The term 
        ``in-demand industry sector or occupation'' has the meaning 
        given the term in section 3 of the Workforce Innovation and 
        Opportunity Act (29 U.S.C. 3102).
            (4) On-the-job training.--The term ``on-the-job training'' 
        has the meaning given the term in section 3 of the Workforce 
        Innovation and Opportunity Act (29 U.S.C. 3102).
            (5) Recognized postsecondary credential.--The term 
        ``recognized postsecondary credential'' has the meaning given 
        the term in section 3 of the Workforce Innovation and 
        Opportunity Act (29 U.S.C. 3102).

       DIVISION C--IMPROVING THE H-2B NONIMMIGRANT WORKER PROGRAM

SEC. 1001. SHORT TITLE.

    This division may be cited as the ``H-2B Returning Worker Exception 
Act''.

SEC. 1002. DEFINITIONS.

    For purposes of this division:
            (1) The term ``H-2B'', when used with respect to a worker 
        or other individual, refers an alien admitted or provided 
        status as a nonimmigrant described in section 
        101(a)(15)H)(ii)(b) of the Immigration and Nationality Act (8 
        U.S.C. 1101(a)(15)(H)(ii)(b)). Such term, when used with 
        respect to a petition, procedure, process, program, or visa, 
        refers to a petition, procedure, process, program, or visa 
        related to admission or provision of status under such section.
            (2) The term ``job order'' means the document containing 
        the material terms and conditions of employment, including 
        obligations and assurances required under this division or any 
        other law.
            (3) The term ``United States worker'' means any employee 
        who is--
                    (A) a national of the United States (as defined in 
                section 101(a)(22) of the Immigration and Nationality 
                Act (8 U.S.C. 1101(a)(22))); or
                    (B) an alien lawfully admitted for permanent 
                residence, is admitted as a refugee under section 207 
                of such Act (8 U.S.C. 1157), is granted asylum under 
                section 208 of such Act (8 U.S.C. 1158), or is an 
                immigrant otherwise authorized by the immigration laws 
                (as defined in section 101(a)(17) of such Act (8 U.S.C. 
                1101(a)(17))) or the Secretary of Homeland Security to 
                be employed.

SEC. 1003. H-2B CAP RELIEF.

    (a) H-2B Numerical Limitations.--Section 214(g)(9)(A) of the 
Immigration and Nationality Act (8 U.S.C. 1184(g)(9)(A)) is amended--
            (1) by striking ``fiscal year 2013, 2014, or 2015'' and 
        inserting ``1 of the 3 preceding fiscal years''; and
            (2) by striking ``fiscal year 2016'' and inserting ``a 
        fiscal year''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on October 1, 2021. If this section is enacted after such 
date, the amendment made by subsection (a) shall take effect as if 
enacted on such date.

SEC. 1004. INCREASED SANCTIONS FOR WILLFUL MISREPRESENTATION OR FAILURE 
              TO MEET THE REQUIREMENTS FOR PETITIONING FOR AN H-2B 
              WORKER.

    Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) 
is amended--
            (1) in subsection (c)(13)(B), by striking ``$150'' and 
        inserting ``$350''; and
            (2) in subsection (c)(14)(A)(i), by striking ``may, in 
        addition to any other remedy authorized by law, impose such 
        administrative remedies (including civil monetary penalties in 
        an amount not to exceed $10,000 per violation)'' and inserting 
        ``shall impose civil monetary penalties in an amount of not 
        less than $1,000 but not to exceed $10,000 per violation, in 
        addition to any other remedy authorized by law, and may impose 
        such other administrative remedies''.

SEC. 1005. REDUCTION OF PAPERWORK BURDEN.

    (a) Streamlined H-2B Platform.--
            (1) In general.--Not later than 12 months after the date of 
        the enactment of this division, the Secretary of Homeland 
        Security, in consultation with the Secretary of Labor, the 
        Secretary of State, and the Administrator of the United States 
        Digital Service, shall ensure the establishment of an 
        electronic platform through which employers may submit and 
        request approval of an H-2B petition. Such platform shall--
                    (A) serve as a single point of access for employers 
                to input all information and supporting documentation 
                required for obtaining labor certification from the 
                Secretary of Labor and the adjudication of the petition 
                by the Secretary of Homeland Security;
                    (B) serve as a single point of access for the 
                Secretary of Homeland Security, the Secretary of Labor, 
                the Secretary of State, and State workforce agencies 
                concurrently to perform their respective review and 
                adjudicatory responsibilities in the petition process;
                    (C) facilitate communication between employers and 
                agency adjudicators, including by allowing employers 
                to--
                            (i) receive and respond to notices of 
                        deficiency and requests for information;
                            (ii) receive notices of approval and 
                        denial; and
                            (iii) request reconsideration or appeal of 
                        agency decisions; and
                    (D) provide information to the Secretary of State 
                and the Secretary of Homeland Security necessary for 
                the efficient and secure processing of H-2B visas and 
                applications for admission.
            (2) Objectives.--In developing the platform described in 
        paragraph (1), the Secretary of Homeland Security, in 
        consultation with the Secretary of Labor, the Secretary of 
        State, and the Administrator of the United States Digital 
        Service, shall make an effort to streamline and improve the H-
        2B process, including by--
                    (A) eliminating the need for employers to submit 
                duplicate information and documentation to multiple 
                agencies;
                    (B) reducing common petition errors, and otherwise 
                improving and expediting the processing of H-2B 
                petitions;
                    (C) ensuring compliance with H-2B program 
                requirements and the protection of the wages and 
                working conditions of workers; and
                    (D) eliminating unnecessary government waste.
            (3) Enhancement of existing platform.--If the Secretary of 
        Homeland Security, the Secretary of Labor, the Secretary of 
        State, or the State workforce agencies already have an 
        electronic platform with respect to the H-2B process on the 
        date of the enactment of this division, they shall enhance it 
        as necessary so as to ensure that adjudication of an H-2B 
        petition may be conducted electronically as specified in this 
        section.
    (b) Online Job Registry.--The Secretary of Labor shall maintain a 
publicly accessible online job registry and database of all job orders 
submitted by H-2B employers. The registry and database shall--
            (1) be searchable using relevant criteria, including the 
        types of jobs needed to be filled, the dates and locations of 
        need, and the employers named in the job order;
            (2) provide an interface for workers in English, Spanish, 
        and any other language that the Secretary of Labor determines 
        to be appropriate; and
            (3) provide for public access of job order certifications.

SEC. 1006. WORKPLACE SAFETY.

    (a) Worksite Safety and Compliance Plan.--If the employer is 
seeking to employ an H-2B worker pursuant to this division and the 
Immigration and Nationality Act (8 U.S.C. 1101 et seq.), the employer 
shall maintain an effective worksite safety and compliance plan to 
ensure safety and reduce workplace illnesses, injuries and fatalities. 
Such plan shall--
            (1) be in writing in English and, to the extent necessary, 
        any language common to a significant portion of the workers if 
        they are not fluent in English; and
            (2) be posted at a conspicuous location at the worksite and 
        provided to employees prior to the commencement of labor or 
        services.
    (b) Contents of Plan.--The Secretary of Labor shall establish by 
regulation the minimum requirements for the plan described in 
subsection (a). Such plan shall include measures to--
            (1) protect against sexual harassment and violence, resolve 
        complaints involving harassment or violence, and protect 
        against retaliation against workers reporting harassment or 
        violence; and
            (2) contain other provisions necessary for ensuring 
        workplace safety.

SEC. 1007. FOREIGN LABOR RECRUITING; PROHIBITION ON FEES.

    (a) Foreign Labor Recruiting.--If an employer has engaged any 
foreign labor contractor or recruiter (or any agent of such a foreign 
labor contractor or recruiter) in the recruitment of H-2B workers, the 
employer shall disclose the identity and geographic location of such 
person or entity to the Secretary of Labor in accordance with the 
regulations of the Secretary.
    (b) Prohibition Against Employees Paying Fees.--Neither the 
employer nor its agents shall seek or receive payment of any kind from 
any worker for any activity related to the H-2B petition process, 
including payment of the employer's attorneys' fees, application fees, 
or recruitment costs. An employer and its agents may receive 
reimbursement for costs that are the responsibility, and primarily for 
the benefit, of the worker, such as government-required passport fees.
    (c) Third Party Contracts.--The employer shall contractually forbid 
any foreign labor contractor or recruiter (or any agent of a foreign 
labor contractor or recruiter) who the employer engages, either 
directly or indirectly, in the recruitment of H-2B workers to seek or 
receive payments or other compensation from prospective employees. Upon 
learning that a foreign labor contractor or recruiter has collected 
such payments, the employer shall terminate any contracts with the 
foreign labor contractor or recruiter.

SEC. 1008. PROGRAM INTEGRITY MEASURES.

    (a) Enforcement Authority.--With respect to the H-2B program, the 
Secretary of Labor is authorized to take such actions against 
employers, including imposing appropriate penalties and seeking 
monetary and injunctive relief and specific performance of contractual 
obligations, as may be necessary to ensure compliance with--
            (1) the requirements of this division and the Immigration 
        and Nationality Act (8 U.S.C. 1101 et seq.); and
            (2) the applicable terms and conditions of employment.
    (b) Complaint Process.--
            (1) Process.--With respect to the H-2B program, the 
        Secretary of Labor shall establish a process for the receipt, 
        investigation, and disposition of complaints alleging failure 
        of an employer to comply with--
                    (A) the requirements of this division and the 
                Immigration and Nationality Act (8 U.S.C. 1101 et 
                seq.); and
                    (B) the applicable terms and conditions of 
                employment.
            (2) Filing.--Any aggrieved person or organization, 
        including a bargaining representative, may file a complaint 
        referred to in paragraph (1) not later than 2 years after the 
        date of the conduct that is the subject of the complaint.
            (3) Complaint not exclusive.--A complaint filed under this 
        subsection is not an exclusive remedy and the filing of such a 
        complaint does not waive any rights or remedies of the 
        aggrieved party under this law or other laws.
            (4) Decision and remedies.--If the Secretary of Labor 
        finds, after notice and opportunity for a hearing, that the 
        employer failed to comply with the requirements of this 
        division, the Immigration and Nationality Act (8 U.S.C. 1101 et 
        seq.), or the terms and conditions of employment, the Secretary 
        of Labor shall require payment of unpaid wages, unpaid 
        benefits, damages, and civil money penalties. The Secretary is 
        also authorized to impose other administrative remedies, 
        including disqualification of the employer from utilizing the 
        H-2B program for a period of up to 5 years in the event of 
        willful or multiple material violations. The Secretary is 
        authorized to permanently disqualify an employer from utilizing 
        the H-2B program upon a subsequent finding involving willful or 
        multiple material violations.
            (5) Disposition of penalties.--To the extent provided in 
        advance in appropriations Acts, civil penalties collected under 
        this subsection shall be used by the Secretary of Labor for the 
        administration and enforcement of the provisions of this 
        section.
            (6) Statutory construction.--Nothing in this subsection may 
        be construed as limiting the authority of the Secretary of 
        Labor to conduct an investigation in the absence of a 
        complaint.
            (7) Retaliation prohibited.--It is a violation of this 
        subsection for any person to intimidate, threaten, restrain, 
        coerce, blacklist, discharge, or in any other manner 
        discriminate against, or to cause any person to intimidate, 
        threaten, restrain, coerce, blacklist, or in any manner 
        discriminate against, an employee, including a former employee 
        or an applicant for employment, because the employee--
                    (A) has disclosed information to the employer, or 
                to any other person, that the employee reasonably 
                believes evidences a violation of the immigration laws 
                relating to the H-2B program, or any rule or regulation 
                relating to such program;
                    (B) has filed a complaint concerning the employer's 
                compliance with the immigration laws relating to the H-
                2B program, or any rule or regulation relating to such 
                program;
                    (C) cooperates or seeks to cooperate in an 
                investigation or other proceeding concerning the 
                employer's compliance with the immigration laws 
                relating to the H-2B program, or any rule or regulation 
                relating to such program; or
                    (D) has taken steps to exercise or assert any right 
                or protection under the provisions of this section, or 
                any rule or regulation pertaining to this section, or 
                any other relevant Federal, State, or local law.
    (c) Interagency Communication.--The Secretary of Labor, in 
consultation with the Secretary of Homeland Security, the Secretary of 
State and the Equal Employment Opportunity Commission, shall establish 
mechanisms by which the agencies and their components share 
information, including by public electronic means, regarding 
complaints, studies, investigations, findings and remedies regarding 
compliance by employers with the requirements of the H-2B program and 
other employment-related laws and regulations.

SEC. 1009. PROGRAM ELIGIBILITY.

    (a) In General.--A petition filed by an employer under subsection 
(c)(1) initially to grant an alien nonimmigrant status under section 
101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(H)(ii)(b)), or to extend or change to such status, may be 
approved only for nationals of countries that the Secretary of Homeland 
Security has designated as participating countries, with the 
concurrence of the Secretary of State, in a notice published in the 
Federal Register, taking into account for each such country factors, 
including--
            (1) the fraud rate relating to petitions under section 
        101(a)(15)(H)(ii) of such Act (8 U.S.C. 1101(a)(15)(H)(ii)) 
        filed for by nationals of the country and visa applications 
        under such section filed by nationals of the country;
            (2) the denial rate of visa applications under such section 
        101(a)(15)(H)(ii) filed by nationals of the country;
            (3) the overstay rate of nationals of the country who were 
        admitted to the United States under such section 
        101(a)(15)(H)(ii);
            (4) the number of nationals of the country who were 
        admitted to the United States under such section 
        101(a)(15)(H)(ii) and who were reported by their employers to--
                    (A) have failed to report to work within 5 workdays 
                of the employment start date on the petition or within 
                5 workdays of the date on which the worker is admitted 
                into the United States pursuant to the petition, 
                whichever is later; or
                    (B) have not reported for work for a period of 5 
                consecutive workdays without the consent of the 
                employer;
            (5) the number of final and unexecuted orders of removal 
        against citizens, subjects, nationals, and residents of the 
        country; and
            (6) such other factors as may serve the United States 
        interest.
    (b) Limitation.--A country may not be included on the list 
described in subsection (a) if the country denies or unreasonably 
delays the repatriation of aliens who are subject to a final order of 
removal and who are citizens, subjects, nationals or residents of that 
country.
    (c) Statistics.--The Secretary of Homeland Security shall include 
in the notice described in subsection (a), for each country included in 
the list of participating countries, the statistics referenced in 
paragraphs (1) through (5) of that subsection, if available, for the 
immediately preceding fiscal year.
    (d) National From a Country Not on the List.--A national from a 
country not on the list described in subsection (a) may be a 
beneficiary of an approved petition under such section 
101(a)(15)(H)(ii) upon the request of a petitioner or potential 
petitioner, if the Secretary of Homeland Security, in his sole and 
unreviewable discretion, determines that it is in the United States 
interest for that alien to be a beneficiary of such petition. 
Determination of such a United States interest will take into account 
factors, including but not limited to--
            (1) evidence from the petitioner demonstrating that a 
        worker with the required skills is not available from among 
        foreign workers from a country currently on the list described 
        in subsection (a);
            (2) evidence that the beneficiary has been admitted to the 
        United States previously in status under such section 
        101(a)(15)(H)(ii);
            (3) the potential for abuse, fraud, or other harm to the 
        integrity of the visa program under such section 
        101(a)(15)(H)(ii) through the potential admission of a 
        beneficiary from a country not currently on the list; and
            (4) such other factors as may serve the United States 
        interest.
    (e) Duration.--Once published, any designation of participating 
countries pursuant to subsection (a) shall be effective for one year 
after the date of publication in the Federal Register and shall be 
without effect at the end of that one-year period.

SEC. 1010. H-2B EMPLOYER NOTIFICATION REQUIREMENT.

    (a) In General.--An employer of one or more H-2B workers shall, 
within three business days, make electronic notification, in the manner 
prescribed by the Secretary of Homeland Security, of the following 
events:
            (1) Such a worker fails to report to work within 5 workdays 
        of the employment start date on the petition or within 5 
        workdays of the date on which the worker is admitted into the 
        United States pursuant to the petition, whichever is later.
            (2) The labor or services for which such a worker was hired 
        is completed more than 30 days earlier than the employment end 
        date stated on the petition.
            (3) The employment of such a worker is terminated prior to 
        the completion of labor or services for which he or she was 
        hired.
            (4) Such a worker has not reported for work for a period of 
        5 consecutive workdays without the consent of the employer.
    (b) Evidence.--An employer shall retain evidence of a notification 
described in subsection (a) and make it available for inspection by 
officers of the Department of Homeland Security for a 1-year period 
beginning on the date of the notification.
    (c) Penalty.--The Secretary shall impose civil monetary penalties, 
in an amount not less than $500 per violation and not to exceed $1,000 
per violation, as the Secretary determines to be appropriate, for each 
instance where the employer cannot demonstrate that it has complied 
with the notification requirements, unless, in the case of an untimely 
notification, the employer demonstrates with such notification that 
good cause existed for the untimely notification, and the Secretary of 
Homeland Security, in the Secretary's discretion, waives such penalty.
    (d) Process.--If the Secretary has determined that an employer has 
violated the notification requirements in subsection (a), the employer 
shall be given written notice and 30 days to reply before being given 
written notice of the assessment of the penalty.
    (e) Failure To Pay Penalty.--If a penalty described in subsection 
(c) is not paid within 10 days of assessment, no nonimmigrant or 
immigrant petition may be processed for that employer, nor may that 
employer continue to employ nonimmigrants, until such penalty is paid.

SEC. 1011. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated for fiscal year 2022 and 
each fiscal year thereafter such sums as may be necessary for the 
purposes of--
            (1) recruiting United States workers for labor or services 
        which might otherwise be performed by H-2B workers, including 
        by ensuring that State workforce agencies are sufficiently 
        funded to fulfill their functions under the H-2B program;
            (2) enabling the Secretary of Labor to make determinations 
        and certifications under the H-2B program in accordance with 
        this division and the Immigration and Nationality Act (8 U.S.C. 
        1101 et seq.), including the operation of the publicly 
        accessible online job registry and database of job orders 
        described in section 1005(b) of this division; and
            (3) monitoring the terms and conditions under which H-2B 
        workers (and United States workers employed by the same 
        employers) are employed in the United States.

             DIVISION D--AMERICAN AGRICULTURE DOMINANCE ACT

SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``American 
Agriculture Dominance Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
         TITLE I--SECURING THE DOMESTIC AGRICULTURAL WORKFORCE

         Subtitle A--Status for Certified Agricultural Workers

Sec. 101. Certified agricultural worker status.
Sec. 102. Terms and conditions of certified status.
Sec. 103. Extensions of certified status.
Sec. 104. Determination of continuous presence.
Sec. 105. Employer obligations.
Sec. 106. Administrative and judicial review.
      Subtitle B--Optional Earned Residence for Long-Term Workers

Sec. 111. Optional adjustment of status for long-term agricultural 
                            workers.
Sec. 112. Payment of taxes.
Sec. 113. Adjudication and decision; review.
                     Subtitle C--General Provisions

Sec. 121. Definitions.
Sec. 122. Rulemaking; fees.
Sec. 123. Background checks.
Sec. 124. Protection for children.
Sec. 125. Limitation on removal.
Sec. 126. Documentation of agricultural work history.
Sec. 127. Employer protections.
Sec. 128. Correction of Social Security records; conforming amendments.
Sec. 129. Disclosures and privacy.
Sec. 130. Penalties for false statements in applications.
Sec. 131. Dissemination of information.
Sec. 132. Exemption from numerical limitations.
Sec. 133. Reports to Congress.
Sec. 134. Grant program to assist eligible applicants.
Sec. 135. Authorization of appropriations.
      TITLE II--ENSURING AN AGRICULTURAL WORKFORCE FOR THE FUTURE

             Subtitle A--Reforming the H-2A Worker Program

Sec. 201. Comprehensive and streamlined electronic H-2A platform.
Sec. 202. Agricultural labor or services.
Sec. 203. H-2A program requirements.
Sec. 204. Portable H-2A visa pilot program.

         TITLE I--SECURING THE DOMESTIC AGRICULTURAL WORKFORCE

         Subtitle A--Status for Certified Agricultural Workers

SEC. 101. CERTIFIED AGRICULTURAL WORKER STATUS.

    (a) Requirements for Certified Agricultural Worker Status.--
            (1) Principal aliens.--The Secretary may grant certified 
        agricultural worker status to an alien who submits a completed 
        application, including the required processing fees, before the 
        end of the period set forth in subsection (c) and who--
                    (A) performed agricultural labor or services in the 
                United States for at least 1,035 hours (or 180 
                workdays) during the 2-year period preceding the date 
                of the introduction of this Act;
                    (B) on the date of the introduction of this Act--
                            (i) is inadmissible or deportable from the 
                        United States; or
                            (ii) is under a grant of deferred enforced 
                        departure or has temporary protected status 
                        under section 244 of the Immigration and 
                        Nationality Act;
                    (C) subject to section 104, has been continuously 
                present in the United States since the date of the 
                introduction of this Act and until the date on which 
                the alien is granted certified agricultural worker 
                status; and
                    (D) is not otherwise ineligible for certified 
                agricultural worker status as provided in subsection 
                (b).
            (2) Dependent spouse and children.--The Secretary may grant 
        certified agricultural dependent status to the spouse or child 
        of an alien granted certified agricultural worker status under 
        paragraph (1) if the spouse or child is not ineligible for 
        certified agricultural dependent status as provided in 
        subsection (b).
    (b) Grounds for Ineligibility.--
            (1) Grounds of inadmissibility.--Except as provided in 
        paragraph (3), an alien is ineligible for certified 
        agricultural worker or certified agricultural dependent status 
        if the Secretary determines that the alien is inadmissible 
        under section 212(a) of the Immigration and Nationality Act (8 
        U.S.C. 1182(a)), except that in determining inadmissibility--
                    (A) paragraphs (4), (5), (7), and (9)(B) of such 
                section shall not apply;
                    (B) subparagraphs (A), (C), (D), (F), and (G) of 
                such section 212(a)(6) and paragraphs (9)(C) and 
                (10)(B) of such section 212(a) shall not apply unless 
                based on the act of unlawfully entering the United 
                States after the date of introduction of this Act; and
                    (C) paragraphs (6)(B) and (9)(A) of such section 
                212(a) shall not apply unless the relevant conduct 
                began on or after the date of filing of the application 
                for certified agricultural worker status.
            (2) Additional criminal bars.--Except as provided in 
        paragraph (3), an alien is ineligible for certified 
        agricultural worker or certified agricultural dependent status 
        if the Secretary determines that, excluding any offense under 
        State law for which an essential element is the alien's 
        immigration status and any minor traffic offense, the alien has 
        been convicted of--
                    (A) any felony offense;
                    (B) an aggravated felony (as defined in section 
                101(a)(43) of the Immigration and Nationality Act (8 
                U.S.C. 1101(a)(43)) at the time of the conviction);
                    (C) two misdemeanor offenses involving moral 
                turpitude, as described in section 212(a)(2)(A)(i)(I) 
                of the Immigration and Nationality Act (8 U.S.C. 
                1182(a)(2)(A)(i)(I)), unless an offense is waived by 
                the Secretary under paragraph (3)(B); or
                    (D) three or more misdemeanor offenses not 
                occurring on the same date, and not arising out of the 
                same act, omission, or scheme of misconduct.
            (3) Waivers for certain grounds of inadmissibility.--For 
        humanitarian purposes, family unity, or if otherwise in the 
        public interest, the Secretary may waive the grounds of 
        inadmissibility under--
                    (A) paragraph (1), (6)(E), or (10)(D) of section 
                212(a) of the Immigration and Nationality Act (8 U.S.C. 
                1182(a)); or
                    (B) subparagraphs (A) and (D) of section 212(a)(2) 
                of the Immigration and Nationality Act (8 U.S.C. 
                1182(a)(2)), unless inadmissibility is based on a 
                conviction that would otherwise render the alien 
                ineligible under subparagraph (A), (B), or (D) of 
                paragraph (2).
    (c) Application.--
            (1) Application period.--Except as provided in paragraph 
        (2), the Secretary shall accept initial applications for 
        certified agricultural worker status during the 18-month period 
        beginning on the date on which the interim final rule is 
        published in the Federal Register pursuant to section 122(a).
            (2) Extension.--If the Secretary determines, during the 
        initial period described in paragraph (1), that additional time 
        is required to process initial applications for certified 
        agricultural worker status or for other good cause, the 
        Secretary may extend the period for accepting applications for 
        up to an additional 12 months.
            (3) Submission of applications.--
                    (A) In general.--An alien may file an application 
                with the Secretary under this section with the 
                assistance of an attorney or a nonprofit religious, 
                charitable, social service, or similar organization 
                recognized by the Board of Immigration Appeals under 
                section 292.2 of title 8, Code of Federal Regulations. 
                The Secretary shall also create a procedure for 
                accepting applications filed by qualified designated 
                entities with the consent of the applicant.
                    (B) Farm service agency offices.--The Secretary, in 
                consultation with the Secretary of Agriculture, shall 
                establish a process for the filing of applications 
                under this section at Farm Service Agency offices 
                throughout the United States.
            (4) Evidence of application filing.--As soon as practicable 
        after receiving an application for certified agricultural 
        worker status, the Secretary shall provide the applicant with a 
        document acknowledging the receipt of such application. Such 
        document shall serve as interim proof of the alien's 
        authorization to accept employment in the United States and 
        shall be accepted by an employer as evidence of employment 
        authorization under section 274A(b)(1)(C) of the Immigration 
        and Nationality Act (8 U.S.C. 1324a(b)(1)(C)), if the employer 
        is employing the holder of such document to perform 
        agricultural labor or services, pending a final administrative 
        decision on the application.
            (5) Effect of pending application.--During the period 
        beginning on the date on which an alien applies for certified 
        agricultural worker status under this subtitle, and ending on 
        the date on which the Secretary makes a final administrative 
        decision regarding such application, the alien and any 
        dependents included in the application--
                    (A) may apply for advance parole, which shall be 
                granted upon demonstrating a legitimate need to travel 
                outside the United States for a temporary purpose;
                    (B) may not be detained by the Secretary or removed 
                from the United States unless the Secretary makes a 
                prima facie determination that such alien is, or has 
                become, ineligible for certified agricultural worker 
                status;
                    (C) may not be considered unlawfully present under 
                section 212(a)(9)(B) of the Immigration and Nationality 
                Act (8 U.S.C. 1182(a)(9)(B)); and
                    (D) may not be considered an unauthorized alien (as 
                defined in section 274A(h)(3) of the Immigration and 
                Nationality Act (8 U.S.C. 1324a(h)(3))).
            (6) Withdrawal of application.--The Secretary shall, upon 
        receipt of a request from the applicant to withdraw an 
        application for certified agricultural worker status under this 
        subtitle, cease processing of the application, and close the 
        case. Withdrawal of the application shall not prejudice any 
        future application filed by the applicant for any immigration 
        benefit under this Act or under the Immigration and Nationality 
        Act (8 U.S.C. 1101 et seq.).
    (d) Adjudication and Decision.--
            (1) In general.--Subject to section 123, the Secretary 
        shall render a decision on an application for certified 
        agricultural worker status not later than 180 days after the 
        date the application is filed.
            (2) Notice.--Prior to denying an application for certified 
        agricultural worker status, the Secretary shall provide the 
        alien with--
                    (A) written notice that describes the basis for 
                ineligibility or the deficiencies in the evidence 
                submitted; and
                    (B) at least 90 days to contest ineligibility or 
                submit additional evidence.
            (3) Amended application.--An alien whose application for 
        certified agricultural worker status is denied under this 
        section may submit an amended application for such status to 
        the Secretary if the amended application is submitted within 
        the application period described in subsection (c) and contains 
        all the required information and fees that were missing from 
        the initial application.
    (e) Alternative H-2A Status.--An alien who has not met the required 
period of agricultural labor or services under subsection (a)(1)(A), 
but is otherwise eligible for certified agricultural worker status 
under such subsection, shall be eligible for classification as a 
nonimmigrant described in section 101(a)(15)(H)(ii)(a) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) upon 
approval of a petition submitted by a sponsoring employer, if the alien 
has performed at least 575 hours (or 100 workdays) of agricultural 
labor or services during the 3-year period preceding the date of the 
introduction of this Act. The Secretary shall create a procedure to 
provide for such classification without requiring the alien to depart 
the United States and obtain a visa abroad.

SEC. 102. TERMS AND CONDITIONS OF CERTIFIED STATUS.

    (a) In General.--
            (1) Approval.--Upon approval of an application for 
        certified agricultural worker status, or an extension of such 
        status pursuant to section 103, the Secretary shall issue--
                    (A) documentary evidence of such status to the 
                applicant; and
                    (B) documentary evidence of certified agricultural 
                dependent status to any qualified dependent included on 
                such application.
            (2) Documentary evidence.--In addition to any other 
        features and information as the Secretary may prescribe, the 
        documentary evidence described in paragraph (1)--
                    (A) shall be machine-readable and tamper-resistant;
                    (B) shall contain a digitized photograph;
                    (C) shall serve as a valid travel and entry 
                document for purposes of applying for admission to the 
                United States; and
                    (D) shall be accepted during the period of its 
                validity by an employer as evidence of employment 
                authorization and identity under section 274A(b)(1)(B) 
                of the Immigration and Nationality Act (8 U.S.C. 
                1324a(b)(1)(B)).
            (3) Validity period.--Certified agricultural worker and 
        certified agricultural dependent status shall be valid for 5\1/
        2\ years beginning on the date of approval.
            (4) Travel authorization.--An alien with certified 
        agricultural worker or certified agricultural dependent status 
        may--
                    (A) travel within and outside of the United States, 
                including commuting to the United States from a 
                residence in a foreign country; and
                    (B) be admitted to the United States upon return 
                from travel abroad without first obtaining a visa if 
                the alien is in possession of--
                            (i) valid, unexpired documentary evidence 
                        of certified agricultural worker or certified 
                        agricultural worker dependent status as 
                        described in subsection (a); or
                            (ii) a travel document that has been 
                        approved by the Secretary and was issued to the 
                        alien after the alien's original documentary 
                        evidence was lost, stolen, or destroyed.
    (b) Ability To Change Status.--
            (1) Change to certified agricultural worker status.--
        Notwithstanding section 101(a), an alien with valid certified 
        agricultural dependent status may apply to change to certified 
        agricultural worker status, at any time, if the alien--
                    (A) submits a completed application, including the 
                required processing fees; and
                    (B) is not ineligible for certified agricultural 
                worker status under section 101(b).
            (2) Clarification.--Nothing in this title prohibits an 
        alien granted certified agricultural worker or certified 
        agricultural dependent status from changing status to any other 
        nonimmigrant classification for which the alien may be 
        eligible.
    (c) Prohibition on Public Benefits, Tax Benefits, and Health Care 
Subsidies.--Aliens granted certified agricultural worker or certified 
agricultural dependent status shall be considered lawfully present in 
the United States for all purposes for the duration of their status, 
except that such aliens--
            (1) shall be ineligible for Federal means-tested public 
        benefits to the same extent as other individuals who are not 
        qualified aliens under section 431 of the Personal 
        Responsibility and Work Opportunity Reconciliation Act of 1996 
        (8 U.S.C. 1641);
            (2) are not entitled to the premium assistance tax credit 
        authorized under section 36B of the Internal Revenue Code of 
        1986 (26 U.S.C. 36B), and shall be subject to the rules 
        applicable to individuals who are not lawfully present set 
        forth in subsection (e) of such section;
            (3) shall be subject to the rules applicable to individuals 
        who are not lawfully present set forth in section 1402(e) of 
        the Patient Protection and Affordable Care Act (42 U.S.C. 
        18071(e)); and
            (4) shall be subject to the rules applicable to individuals 
        not lawfully present set forth in section 5000A(d)(3) of the 
        Internal Revenue Code of 1986 (26 U.S.C. 5000A(d)(3)).
    (d) Revocation of Status.--
            (1) In general.--The Secretary may revoke certified 
        agricultural worker or certified agricultural dependent status 
        if, after providing notice to the alien and the opportunity to 
        provide evidence to contest the proposed revocation, the 
        Secretary determines that the alien no longer meets the 
        eligibility requirements for such status under section 101(b).
            (2) Invalidation of documentation.--Upon the Secretary's 
        final determination to revoke an alien's certified agricultural 
        worker or certified agricultural dependent status, any 
        documentation issued by the Secretary to such alien under 
        subsection (a) shall automatically be rendered invalid for any 
        purpose except for departure from the United States.

SEC. 103. EXTENSIONS OF CERTIFIED STATUS.

    (a) Requirements for Extensions of Status.--
            (1) Principal aliens.--The Secretary may extend certified 
        agricultural worker status for additional periods of 5\1/2\ 
        years to an alien who submits a completed application, 
        including the required processing fees, within the 120-day 
        period beginning 60 days before the expiration of the fifth 
        year of the immediately preceding grant of certified 
        agricultural worker status, if the alien--
                    (A) except as provided in section 126(c), has 
                performed agricultural labor or services in the United 
                States for at least 575 hours (or 100 workdays) for 
                each of the prior 5 years in which the alien held 
                certified agricultural worker status; and
                    (B) has not become ineligible for certified 
                agricultural worker status under section 101(b).
            (2) Dependent spouse and children.--The Secretary may grant 
        or extend certified agricultural dependent status to the spouse 
        or child of an alien granted an extension of certified 
        agricultural worker status under paragraph (1) if the spouse or 
        child is not ineligible for certified agricultural dependent 
        status under section 101(b).
            (3) Waiver for late filings.--The Secretary may waive an 
        alien's failure to timely file before the expiration of the 
        120-day period described in paragraph (1) if the alien 
        demonstrates that the delay was due to extraordinary 
        circumstances beyond the alien's control or for other good 
        cause.
    (b) Status for Workers With Pending Applications.--
            (1) In general.--Certified agricultural worker status of an 
        alien who timely files an application to extend such status 
        under subsection (a) (and the status of the alien's dependents) 
        shall be automatically extended through the date on which the 
        Secretary makes a final administrative decision regarding such 
        application.
            (2) Documentation of employment authorization.--As soon as 
        practicable after receipt of an application to extend certified 
        agricultural worker status under subsection (a), the Secretary 
        shall issue a document to the alien acknowledging the receipt 
        of such application. An employer of the worker may not refuse 
        to accept such document as evidence of employment authorization 
        under section 274A(b)(1)(C) of the Immigration and Nationality 
        Act (8 U.S.C. 1324a(b)(1)(C)), pending a final administrative 
        decision on the application.
    (c) Notice.--Prior to denying an application to extend certified 
agricultural worker status, the Secretary shall provide the alien 
with--
            (1) written notice that describes the basis for 
        ineligibility or the deficiencies of the evidence submitted; 
        and
            (2) at least 90 days to contest ineligibility or submit 
        additional evidence.

SEC. 104. DETERMINATION OF CONTINUOUS PRESENCE.

    (a) Effect of Notice To Appear.--The continuous presence in the 
United States of an applicant for certified agricultural worker status 
under section 101 shall not terminate when the alien is served a notice 
to appear under section 239(a) of the Immigration and Nationality Act 
(8 U.S.C. 1229(a)).
    (b) Treatment of Certain Breaks in Presence.--
            (1) In general.--Except as provided in paragraphs (2) and 
        (3), an alien shall be considered to have failed to maintain 
        continuous presence in the United States under this subtitle if 
        the alien departed the United States for any period exceeding 
        90 days, or for any periods, in the aggregate, exceeding 180 
        days.
            (2) Extensions for extenuating circumstances.--The 
        Secretary may extend the time periods described in paragraph 
        (1) for an alien who demonstrates that the failure to timely 
        return to the United States was due to extenuating 
        circumstances beyond the alien's control, including the serious 
        illness of the alien, or death or serious illness of a spouse, 
        parent, son or daughter, grandparent, or sibling of the alien.
            (3) Travel authorized by the secretary.--Any period of 
        travel outside of the United States by an alien that was 
        authorized by the Secretary shall not be counted toward any 
        period of departure from the United States under paragraph (1).

SEC. 105. EMPLOYER OBLIGATIONS.

    (a) Record of Employment.--An employer of an alien in certified 
agricultural worker status shall provide such alien with a written 
record of employment each year during which the alien provides 
agricultural labor or services to such employer as a certified 
agricultural worker.
    (b) Civil Penalties.--
            (1) In general.--If the Secretary determines, after notice 
        and an opportunity for a hearing, that an employer of an alien 
        with certified agricultural worker status has knowingly failed 
        to provide the record of employment required under subsection 
        (a), or has provided a false statement of material fact in such 
        a record, the employer shall be subject to a civil penalty in 
        an amount not to exceed $500 per violation.
            (2) Limitation.--The penalty under paragraph (1) for 
        failure to provide employment records shall not apply unless 
        the alien has provided the employer with evidence of employment 
        authorization described in section 102 or 103.
            (3) Deposit of civil penalties.--Civil penalties collected 
        under this paragraph shall be deposited into the Immigration 
        Examinations Fee Account under section 286(m) of the 
        Immigration and Nationality Act (8 U.S.C. 1356(m)).

SEC. 106. ADMINISTRATIVE AND JUDICIAL REVIEW.

    (a) Administrative Review.--The Secretary shall establish a process 
by which an applicant may seek administrative review of a denial of an 
application for certified agricultural worker status under this 
subtitle, an application to extend such status, or a revocation of such 
status.
    (b) Admissibility in Immigration Court.--Each record of an alien's 
application for certified agricultural worker status under this 
subtitle, application to extend such status, revocation of such status, 
and each record created pursuant to the administrative review process 
under subsection (a) is admissible in immigration court, and shall be 
included in the administrative record.
    (c) Judicial Review.--Notwithstanding any other provision of law, 
judicial review of the Secretary's decision to deny an application for 
certified agricultural worker status, an application to extend such 
status, or the decision to revoke such status, shall be limited to the 
review of an order of removal under section 242 of the Immigration and 
Nationality Act (8 U.S.C. 1252).

      Subtitle B--Optional Earned Residence for Long-Term Workers

SEC. 111. OPTIONAL ADJUSTMENT OF STATUS FOR LONG-TERM AGRICULTURAL 
              WORKERS.

    (a) Requirements for Adjustment of Status.--
            (1) Principal aliens.--The Secretary may adjust the status 
        of an alien from that of a certified agricultural worker to 
        that of a lawful permanent resident if the alien submits a 
        completed application, including the required processing and 
        penalty fees, and the Secretary determines that--
                    (A) except as provided in section 126(c), the alien 
                performed agricultural labor or services for not less 
                than 575 hours (or 100 workdays) each year--
                            (i) for at least 10 years prior to the date 
                        of the enactment of this Act and for at least 4 
                        years in certified agricultural worker status; 
                        or
                            (ii) for fewer than 10 years prior to the 
                        date of the enactment of this Act and for at 
                        least 8 years in certified agricultural worker 
                        status; and
                    (B) the alien has not become ineligible for 
                certified agricultural worker status under section 
                101(b).
            (2) Dependent aliens.--
                    (A) In general.--The spouse and each child of an 
                alien described in paragraph (1) whose status has been 
                adjusted to that of a lawful permanent resident may be 
                granted lawful permanent residence under this subtitle 
                if--
                            (i) the qualifying relationship to the 
                        principal alien existed on the date on which 
                        such alien was granted adjustment of status 
                        under this subtitle; and
                            (ii) the spouse or child is not ineligible 
                        for certified agricultural worker dependent 
                        status under section 101(b).
                    (B) Protections for spouses and children.--The 
                Secretary of Homeland Security shall establish 
                procedures to allow the spouse or child of a certified 
                agricultural worker to self-petition for lawful 
                permanent residence under this subtitle in cases 
                involving--
                            (i) the death of the certified agricultural 
                        worker, so long as the spouse or child submits 
                        a petition not later than 2 years after the 
                        date of the worker's death; or
                            (ii) the spouse or a child being battered 
                        or subjected to extreme cruelty by the 
                        certified agricultural worker.
            (3) Documentation of work history.--An applicant for 
        adjustment of status under this section shall not be required 
        to resubmit evidence of work history that has been previously 
        submitted to the Secretary in connection with an approved 
        extension of certified agricultural worker status.
    (b) Penalty Fee.--In addition to any processing fee that the 
Secretary may assess in accordance with section 122(b), a principal 
alien seeking adjustment of status under this subtitle shall pay a 
$1,000 penalty fee, which shall be deposited into the Immigration 
Examinations Fee Account pursuant to section 286(m) of the Immigration 
and Nationality Act (8 U.S.C. 1356(m)).
    (c) Effect of Pending Application.--During the period beginning on 
the date on which an alien applies for adjustment of status under this 
subtitle, and ending on the date on which the Secretary makes a final 
administrative decision regarding such application, the alien and any 
dependents included on the application--
            (1) may apply for advance parole, which shall be granted 
        upon demonstrating a legitimate need to travel outside the 
        United States for a temporary purpose;
            (2) may not be detained by the Secretary or removed from 
        the United States unless the Secretary makes a prima facie 
        determination that such alien is, or has become, ineligible for 
        adjustment of status under subsection (a);
            (3) may not be considered unlawfully present under section 
        212(a)(9)(B) of the Immigration and Nationality Act (8 U.S.C. 
        1182(a)(9)(B)); and
            (4) may not be considered an unauthorized alien (as defined 
        in section 274A(h)(3) of the Immigration and Nationality Act (8 
        U.S.C. 1324a(h)(3))).
    (d) Evidence of Application Filing.--As soon as practicable after 
receiving an application for adjustment of status under this subtitle, 
the Secretary shall provide the applicant with a document acknowledging 
the receipt of such application. Such document shall serve as interim 
proof of the alien's authorization to accept employment in the United 
States and shall be accepted by an employer as evidence of employment 
authorization under section 274A(b)(1)(C) of the Immigration and 
Nationality Act (8 U.S.C. 1324a(b)(1)(C)), pending a final 
administrative decision on the application.
    (e) Withdrawal of Application.--The Secretary shall, upon receipt 
of a request to withdraw an application for adjustment of status under 
this subtitle, cease processing of the application, and close the case. 
Withdrawal of the application shall not prejudice any future 
application filed by the applicant for any immigration benefit under 
this Act or under the Immigration and Nationality Act (8 U.S.C. 1101 et 
seq.).

SEC. 112. PAYMENT OF TAXES.

    (a) In General.--An alien may not be granted adjustment of status 
under this subtitle unless the applicant has satisfied any applicable 
Federal tax liability.
    (b) Compliance.--An alien may demonstrate compliance with 
subsection (a) by submitting such documentation as the Secretary, in 
consultation with the Secretary of the Treasury, may require by 
regulation.

SEC. 113. ADJUDICATION AND DECISION; REVIEW.

    (a) In General.--Subject to the requirements of section 123, the 
Secretary shall render a decision on an application for adjustment of 
status under this subtitle not later than 180 days after the date on 
which the application is filed.
    (b) Notice.--Prior to denying an application for adjustment of 
status under this subtitle, the Secretary shall provide the alien 
with--
            (1) written notice that describes the basis for 
        ineligibility or the deficiencies of the evidence submitted; 
        and
            (2) at least 90 days to contest ineligibility or submit 
        additional evidence.
    (c) Administrative Review.--The Secretary shall establish a process 
by which an applicant may seek administrative review of a denial of an 
application for adjustment of status under this subtitle.
    (d) Judicial Review.--Notwithstanding any other provision of law, 
an alien may seek judicial review of a denial of an application for 
adjustment of status under this title in an appropriate United States 
district court.

                     Subtitle C--General Provisions

SEC. 121. DEFINITIONS.

    In this title:
            (1) In general.--Except as otherwise provided, any term 
        used in this title that is used in the immigration laws shall 
        have the meaning given such term in the immigration laws (as 
        such term is defined in section 101 of the Immigration and 
        Nationality Act (8 U.S.C. 1101)).
            (2) Agricultural labor or services.--The term 
        ``agricultural labor or services'' has the meaning given such 
        term in section 101(a)(53) of the Immigration and Nationality 
        Act (8 U.S.C. 1101(a)(53)).
            (3) Applicable federal tax liability.--The term 
        ``applicable Federal tax liability'' means all Federal income 
        taxes assessed in accordance with section 6203 of the Internal 
        Revenue Code of 1986 beginning on the date on which the 
        applicant was authorized to work in the United States as a 
        certified agricultural worker.
            (4) Appropriate united states district court.--The term 
        ``appropriate United States district court'' means the United 
        States District Court for the District of Columbia or the 
        United States district court with jurisdiction over the alien's 
        principal place of residence.
            (5) Child.--The term ``child'' has the meaning given such 
        term in section 101(b)(1) of the Immigration and Nationality 
        Act (8 U.S.C. 1101(b)(1)).
            (6) Convicted or conviction.--The term ``convicted'' or 
        ``conviction'' does not include a judgment that has been 
        expunged or set aside, that resulted in a rehabilitative 
        disposition, or the equivalent.
            (7) Employer.--The term ``employer'' means any person or 
        entity, including any labor contractor or any agricultural 
        association, that employs workers in agricultural labor or 
        services.
            (8) Qualified designated entity.--The term ``qualified 
        designated entity'' means--
                    (A) a qualified farm labor organization or an 
                association of employers designated by the Secretary; 
                or
                    (B) any other entity that the Secretary designates 
                as having substantial experience, demonstrated 
                competence, and a history of long-term involvement in 
                the preparation and submission of application for 
                adjustment of status under title II of the Immigration 
                and Nationality Act (8 U.S.C. 1151 et seq.).
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (10) Workday.--The term ``workday'' means any day in which 
        the individual is employed 5.75 or more hours in agricultural 
        labor or services.

SEC. 122. RULEMAKING; FEES.

    (a) Rulemaking.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall publish in the Federal 
Register, an interim final rule implementing this title. 
Notwithstanding section 553 of title 5, United States Code, the rule 
shall be effective, on an interim basis, immediately upon publication, 
but may be subject to change and revision after public notice and 
opportunity for comment. The Secretary shall finalize such rule not 
later than 1 year after the date of the enactment of this Act.
    (b) Fees.--
            (1) In general.--The Secretary may require an alien 
        applying for any benefit under this title to pay a reasonable 
        fee that is commensurate with the cost of processing the 
        application.
            (2) Fee waiver; installments.--
                    (A) In general.--The Secretary shall establish 
                procedures to allow an alien to--
                            (i) request a waiver of any fee that the 
                        Secretary may assess under this title if the 
                        alien demonstrates to the satisfaction of the 
                        Secretary that the alien is unable to pay the 
                        prescribed fee; or
                            (ii) pay any fee or penalty that the 
                        Secretary may assess under this title in 
                        installments.
                    (B) Clarification.--Nothing in this section shall 
                be read to prohibit an employer from paying any fee or 
                penalty that the Secretary may assess under this title 
                on behalf of an alien and the alien's spouse or 
                children.

SEC. 123. BACKGROUND CHECKS.

    (a) Submission of Biometric and Biographic Data.--The Secretary may 
not grant or extend certified agricultural worker or certified 
agricultural dependent status under subtitle A, or grant adjustment of 
status to that of a lawful permanent resident under subtitle B, unless 
the alien submits biometric and biographic data, in accordance with 
procedures established by the Secretary. The Secretary shall provide an 
alternative procedure for aliens who cannot provide all required 
biometric or biographic data because of a physical impairment.
    (b) Background Checks.--The Secretary shall use biometric, 
biographic, and other data that the Secretary determines appropriate to 
conduct security and law enforcement background checks and to determine 
whether there is any criminal, national security, or other factor that 
would render the alien ineligible for status under this title. An alien 
may not be granted any such status under this title unless security and 
law enforcement background checks are completed to the satisfaction of 
the Secretary.

SEC. 124. PROTECTION FOR CHILDREN.

    (a) In General.--Except as provided in subsection (b), for purposes 
of eligibility for certified agricultural dependent status or lawful 
permanent resident status under this title, a determination of whether 
an alien is a child shall be made using the age of the alien on the 
date on which the initial application for certified agricultural worker 
status is filed with the Secretary of Homeland Security.
    (b) Limitation.--Subsection (a) shall apply for no more than 10 
years after the date on which the initial application for certified 
agricultural worker status is filed with the Secretary of Homeland 
Security.

SEC. 125. LIMITATION ON REMOVAL.

    (a) In General.--An alien who appears to be prima facie eligible 
for status under this title shall be given a reasonable opportunity to 
apply for such status. Such an alien may not be placed in removal 
proceedings or removed from the United States until a final 
administrative decision establishing ineligibility for such status is 
rendered.
    (b) Aliens in Removal Proceedings.--Notwithstanding any other 
provision of the law, the Attorney General shall (upon motion by the 
Secretary with the consent of the alien, or motion by the alien) 
terminate removal proceedings, without prejudice, against an alien who 
appears to be prima facie eligible for status under this title, and 
provide such alien a reasonable opportunity to apply for such status.
    (c) Effect of Final Order.--An alien present in the United States 
who has been ordered removed or has been permitted to depart 
voluntarily from the United States may, notwithstanding such order or 
permission to depart, apply for status under this title. Such alien 
shall not be required to file a separate motion to reopen, reconsider, 
or vacate the order of removal. If the Secretary approves the 
application, the Secretary shall notify the Attorney General of such 
approval, and the Attorney General shall cancel the order of removal. 
If the Secretary renders a final administrative decision to deny the 
application, the order of removal or permission to depart shall be 
effective and enforceable to the same extent as if the application had 
not been made, only after all available administrative and judicial 
remedies have been exhausted.
    (d) Effect of Departure.--Section 101(g) of the Immigration and 
Nationality Act (8 U.S.C. 1101(g)) shall not apply to an alien who 
departs the United States--
            (1) with advance permission to return to the United States 
        granted by the Secretary under this title; or
            (2) after having been granted certified agricultural worker 
        status or lawful permanent resident status under this title.

SEC. 126. DOCUMENTATION OF AGRICULTURAL WORK HISTORY.

    (a) Burden of Proof.--An alien applying for certified agricultural 
worker status under subtitle A or adjustment of status under subtitle B 
has the burden of proving by a preponderance of the evidence that the 
alien has worked the requisite number of hours or days required under 
section 101, 103, or 111, as applicable. The Secretary shall establish 
special procedures to properly credit work in cases in which an alien 
was employed under an assumed name.
    (b) Evidence.--An alien may meet the burden of proof under 
subsection (a) by producing sufficient evidence to show the extent of 
such employment as a matter of just and reasonable inference. Such 
evidence may include--
            (1) an annual record of certified agricultural worker 
        employment as described in section 105(a), or other employment 
        records from employers;
            (2) employment records maintained by collective bargaining 
        associations;
            (3) tax records or other government records;
            (4) sworn affidavits from individuals who have direct 
        knowledge of the alien's work history; or
            (5) any other documentation designated by the Secretary for 
        such purpose.
    (c) Exceptions for Extraordinary Circumstances.--
            (1) Impact of covid-19.--
                    (A) In general.--The Secretary may grant certified 
                agricultural worker status to an alien who is otherwise 
                eligible for such status if such alien is able to only 
                partially satisfy the requirement under section 
                101(a)(1)(A) as a result of reduced hours of employment 
                or other restrictions associated with the public health 
                emergency declared by the Secretary of Health and Human 
                Services under section 319 of the Public Health Service 
                Act (42 U.S.C. 247d) with respect to COVID-19.
                    (B) Limitation.--The exception described in 
                subparagraph (A) shall apply only to agricultural labor 
                or services required to be performed during the period 
                that--
                            (i) begins on the first day of the public 
                        health emergency described in subparagraph (A); 
                        and
                            (ii) ends 90 days after the date on which 
                        such public health emergency terminates.
            (2) Extraordinary circumstances.--In determining whether an 
        alien has met the requirement under section 103(a)(1)(A) or 
        111(a)(1)(A), the Secretary may credit the alien with not more 
        than 575 hours (or 100 workdays) of agricultural labor or 
        services in the United States if the alien was unable to 
        perform the required agricultural labor or services due to--
                    (A) pregnancy, parental leave, illness, disease, 
                disabling injury, or physical limitation of the alien;
                    (B) injury, illness, disease, or other special 
                needs of the alien's child or spouse;
                    (C) severe weather conditions that prevented the 
                alien from engaging in agricultural labor or services;
                    (D) reduced hours of employment or other 
                restrictions associated with the public health 
                emergency declared by the Secretary of Health and Human 
                Services under section 319 of the Public Health Service 
                Act (42 U.S.C. 247d) with respect to COVID-19; or
                    (E) termination from agricultural employment, if 
                the Secretary determines that--
                            (i) the termination was without just cause; 
                        and
                            (ii) the alien was unable to find 
                        alternative agricultural employment after a 
                        reasonable job search.
            (3) Effect of determination.--A determination under 
        paragraph (1)(E) shall not be conclusive, binding, or 
        admissible in a separate or subsequent judicial or 
        administrative action or proceeding between the alien and a 
        current or prior employer of the alien or any other party.
            (4) Hardship waiver.--
                    (A) In general.--As part of the rulemaking 
                described in section 122(a), the Secretary shall 
                establish procedures allowing for a partial waiver of 
                the requirement under section 111(a)(1)(A) for a 
                certified agricultural worker if such worker--
                            (i) has continuously maintained certified 
                        agricultural worker status since the date such 
                        status was initially granted;
                            (ii) has partially completed the 
                        requirement under section 111(a)(1)(A); and
                            (iii) is no longer able to engage in 
                        agricultural labor or services safely and 
                        effectively because of--
                                    (I) a permanent disability suffered 
                                while engaging in agricultural labor or 
                                services; or
                                    (II) deteriorating health or 
                                physical ability combined with advanced 
                                age.
                    (B) Disability.--In establishing the procedures 
                described in subparagraph (A), the Secretary shall 
                consult with the Secretary of Health and Human Services 
                and the Commissioner of Social Security to define 
                ``permanent disability'' for purposes of a waiver under 
                subparagraph (A)(iii)(I).

SEC. 127. EMPLOYER PROTECTIONS.

    (a) Continuing Employment.--An employer that continues to employ an 
alien knowing that the alien intends to apply for certified 
agricultural worker status under subtitle A shall not violate section 
274A(a)(2) of the Immigration and Nationality Act (8 U.S.C. 
1324a(a)(2)) by continuing to employ the alien for the duration of the 
application period under section 101(c), and with respect to an alien 
who applies for certified agricultural status, for the duration of the 
period during which the alien's application is pending final 
determination.
    (b) Use of Employment Records.--Copies of employment records or 
other evidence of employment provided by an alien or by an alien's 
employer in support of an alien's application for certified 
agricultural worker or adjustment of status under this title may not be 
used in a civil or criminal prosecution or investigation of that 
employer under section 274A of the Immigration and Nationality Act (8 
U.S.C. 1324a) or the Internal Revenue Code of 1986 for the prior 
unlawful employment of that alien regardless of the outcome of such 
application.
    (c) Additional Protections.--Employers that provide unauthorized 
aliens with copies of employment records or other evidence of 
employment in support of an application for certified agricultural 
worker status or adjustment of status under this title shall not be 
subject to civil and criminal liability pursuant to such section 274A 
for employing such unauthorized aliens. Records or other evidence of 
employment provided by employers in response to a request for such 
records for the purpose of establishing eligibility for status under 
this title may not be used for any purpose other than establishing such 
eligibility.
    (d) Limitation on Protection.--The protections for employers under 
this section shall not apply if the employer provides employment 
records to the alien that are determined to be fraudulent.

SEC. 128. CORRECTION OF SOCIAL SECURITY RECORDS; CONFORMING AMENDMENTS.

    (a) In General.--Section 208(e)(1) of the Social Security Act (42 
U.S.C. 408(e)(1)) is amended--
            (1) in subparagraph (B)(ii), by striking ``or'' at the end;
            (2) in subparagraph (C), by inserting ``or'' at the end;
            (3) by inserting after subparagraph (C) the following:
            ``(D) who is granted certified agricultural worker status, 
        certified agricultural dependent status, or lawful permanent 
        resident status under title I of the American Agriculture 
        Dominance Act,''; and
            (4) in the undesignated matter following subparagraph (D), 
        as added by paragraph (3), by striking ``1990.'' and inserting 
        ``1990, or in the case of an alien described in subparagraph 
        (D), if such conduct is alleged to have occurred before the 
        date on which the alien was granted status under title I of the 
        American Agriculture Dominance Act.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the first day of the seventh month that begins after the 
date of the enactment of this Act.
    (c) Conforming Amendments.--
            (1) Social security act.--Section 210(a)(1) of the Social 
        Security Act (42 U.S.C. 410(a)(1)) is amended by inserting 
        before the semicolon the following: ``(other than aliens 
        granted certified agricultural worker status or certified 
        agricultural dependent status under title I of the American 
        Agriculture Dominance Act''.
            (2) Internal revenue code of 1986.--Section 3121(b)(1) of 
        the Internal Revenue Code of 1986 is amended by inserting 
        before the semicolon the following: ``(other than aliens 
        granted certified agricultural worker status or certified 
        agricultural dependent status under title I of the American 
        Agriculture Dominance Act''.
            (3) Effective date.--The amendments made by this subsection 
        shall apply with respect to service performed after the date of 
        the enactment of this Act.
    (d) Automated System To Assign Social Security Account Numbers.--
Section 205(c)(2)(B) of the Social Security Act (42 U.S.C. 
405(c)(2)(B)) is amended by adding at the end the following:
                            ``(iv) The Commissioner of Social Security 
                        shall, to the extent practicable, coordinate 
                        with the Secretary of the Department of 
                        Homeland Security to implement an automated 
                        system for the Commissioner to assign social 
                        security account numbers to aliens granted 
                        certified agricultural worker status or 
                        certified agricultural dependent status under 
                        title I of the American Agriculture Dominance 
                        Act. An alien who is granted such status, and 
                        who was not previously assigned a social 
                        security account number, shall request 
                        assignment of a social security account number 
                        and a social security card from the 
                        Commissioner through such system. The Secretary 
                        shall collect and provide to the Commissioner 
                        such information as the Commissioner deems 
                        necessary for the Commissioner to assign a 
                        social security account number, which 
                        information may be used by the Commissioner for 
                        any purpose for which the Commissioner is 
                        otherwise authorized under Federal law. The 
                        Commissioner may maintain, use, and disclose 
                        such information only as permitted by the 
                        Privacy Act and other Federal law.''.

SEC. 129. DISCLOSURES AND PRIVACY.

    (a) In General.--The Secretary may not disclose or use information 
provided in an application for certified agricultural worker status or 
adjustment of status under this title (including information provided 
during administrative or judicial review) for the purpose of 
immigration enforcement.
    (b) Referrals Prohibited.--The Secretary, based solely on 
information provided in an application for certified agricultural 
worker status or adjustment of status under this title (including 
information provided during administrative or judicial review), may not 
refer an applicant to U.S. Immigration and Customs Enforcement, U.S. 
Customs and Border Protection, or any designee of either such entity.
    (c) Exceptions.--Notwithstanding subsections (a) and (b), 
information provided in an application for certified agricultural 
worker status or adjustment of status under this title may be shared 
with Federal security and law enforcement agencies--
            (1) for assistance in the consideration of an application 
        under this title;
            (2) to identify or prevent fraudulent claims or schemes;
            (3) for national security purposes; or
            (4) for the investigation or prosecution of any felony not 
        related to immigration status.
    (d) Penalty.--Any person who knowingly uses, publishes, or permits 
information to be examined in violation of this section shall be fined 
not more than $10,000.
    (e) Privacy.--The Secretary shall ensure that appropriate 
administrative and physical safeguards are in place to protect the 
security, confidentiality, and integrity of personally identifiable 
information collected, maintained, and disseminated pursuant to this 
title.

SEC. 130. PENALTIES FOR FALSE STATEMENTS IN APPLICATIONS.

    (a) Criminal Penalty.--Any person who--
            (1) files an application for certified agricultural worker 
        status or adjustment of status under this title and knowingly 
        falsifies, conceals, or covers up a material fact or makes any 
        false, fictitious, or fraudulent statements or representations, 
        or makes or uses any false writing or document knowing the same 
        to contain any false, fictitious, or fraudulent statement or 
        entry; or
            (2) creates or supplies a false writing or document for use 
        in making such an application,
shall be fined in accordance with title 18, United States Code, 
imprisoned not more than 5 years, or both.
    (b) Inadmissibility.--An alien who is convicted under subsection 
(a) shall be deemed inadmissible to the United States under section 
212(a)(6)(C)(i) of the Immigration and Nationality Act (8 U.S.C. 
1182(a)(6)(C)(i)).
    (c) Deposit.--Fines collected under subsection (a) shall be 
deposited into the Immigration Examinations Fee Account pursuant to 
section 286(m) of the Immigration and Nationality Act (8 U.S.C. 
1356(m)).

SEC. 131. DISSEMINATION OF INFORMATION.

    (a) In General.--Beginning not later than the first day of the 
application period described in section 101(c)--
            (1) the Secretary of Homeland Security, in cooperation with 
        qualified designated entities, shall broadly disseminate 
        information described in subsection (b); and
            (2) the Secretary of Agriculture, in consultation with the 
        Secretary of Homeland Security, shall disseminate to 
        agricultural employers a document containing the information 
        described in subsection (b) for posting at employer worksites.
    (b) Information Described.--The information described in this 
subsection shall include--
            (1) the benefits that aliens may receive under this title; 
        and
            (2) the requirements that an alien must meet to receive 
        such benefits.

SEC. 132. EXEMPTION FROM NUMERICAL LIMITATIONS.

     The numerical limitations under title II of the Immigration and 
Nationality Act (8 U.S.C. 1151 et seq.) shall not apply to the 
adjustment of aliens to lawful permanent resident status under this 
title, and such aliens shall not be counted toward any such numerical 
limitation.

SEC. 133. REPORTS TO CONGRESS.

    Not later than 180 days after the publication of the final rule 
under section 122(a), and annually thereafter for the following 10 
years, the Secretary shall submit a report to Congress that identifies, 
for the previous fiscal year--
            (1) the number of principal aliens who applied for 
        certified agricultural worker status under subtitle A, and the 
        number of dependent spouses and children included in such 
        applications;
            (2) the number of principal aliens who were granted 
        certified agricultural worker status under subtitle A, and the 
        number of dependent spouses and children who were granted 
        certified agricultural dependent status;
            (3) the number of principal aliens who applied for an 
        extension of their certified agricultural worker status under 
        subtitle A, and the number of dependent spouses and children 
        included in such applications;
            (4) the number of principal aliens who were granted an 
        extension of certified agricultural worker status under 
        subtitle A, and the number of dependent spouses and children 
        who were granted certified agricultural dependent status under 
        such an extension;
            (5) the number of principal aliens who applied for 
        adjustment of status under subtitle B, and the number of 
        dependent spouses and children included in such applications;
            (6) the number of principal aliens who were granted lawful 
        permanent resident status under subtitle B, and the number of 
        spouses and children who were granted such status as 
        dependents;
            (7) the number of principal aliens included in petitions 
        described in section 101(e), and the number of dependent 
        spouses and children included in such applications; and
            (8) the number of principal aliens who were granted H-2A 
        status pursuant to petitions described in section 101(e), and 
        the number of dependent spouses and children who were granted 
        H-4 status.

SEC. 134. GRANT PROGRAM TO ASSIST ELIGIBLE APPLICANTS.

    (a) Establishment.--The Secretary shall establish a program to 
award grants, on a competitive basis, to eligible nonprofit 
organizations to assist eligible applicants under this title by 
providing them with the services described in subsection (c).
    (b) Eligible Nonprofit Organization.--For purposes of this section, 
the term ``eligible nonprofit organization'' means an organization 
described in section 501(c)(3) of the Internal Revenue Code of 1986 
(excluding a recipient of funds under title X of the Economic 
Opportunity Act of 1964 (42 U.S.C. 2996 et seq.)) that has demonstrated 
qualifications, experience, and expertise in providing quality services 
to farm workers or aliens.
    (c) Use of Funds.--Grant funds awarded under this section may be 
used for the design and implementation of programs that provide--
            (1) information to the public regarding the eligibility and 
        benefits of certified agricultural worker status authorized 
        under this title; and
            (2) assistance, within the scope of authorized practice of 
        immigration law, to individuals submitting applications for 
        certified agricultural worker status or adjustment of status 
        under this title, including--
                    (A) screening prospective applicants to assess 
                their eligibility for such status;
                    (B) completing applications, including providing 
                assistance in obtaining necessary documents and 
                supporting evidence; and
                    (C) providing any other assistance that the 
                Secretary determines useful to assist aliens in 
                applying for certified agricultural worker status or 
                adjustment of status under this title.
    (d) Source of Funds.--In addition to any funds appropriated to 
carry out this section, the Secretary may use up to $10,000,000 from 
the Immigration Examinations Fee Account under section 286(m) of the 
Immigration and Nationality Act (8 U.S.C. 1356(m)) to carry out this 
section.
    (e) Eligibility for Services.--Section 504(a)(11) of Public Law 
104-134 (110 Stat. 1321-53 et seq.) shall not be construed to prevent a 
recipient of funds under title X of the Economic Opportunity Act of 
1964 (42 U.S.C. 2996 et seq.) from providing legal assistance directly 
related to an application for status under this title or to an alien 
granted such status.

SEC. 135. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Secretary, such sums 
as may be necessary to implement this title, including any amounts 
needed for costs associated with the initiation of such implementation, 
for each of fiscal years 2022 through 2024.

      TITLE II--ENSURING AN AGRICULTURAL WORKFORCE FOR THE FUTURE

             Subtitle A--Reforming the H-2A Worker Program

SEC. 201. COMPREHENSIVE AND STREAMLINED ELECTRONIC H-2A PLATFORM.

    (a) Streamlined H-2A Platform.--
            (1) In general.--Not later than 12 months after the date of 
        the enactment of this Act, the Secretary of Homeland Security, 
        in consultation with the Secretary of Labor, the Secretary of 
        Agriculture, the Secretary of State, and the United States 
        Digital Service, shall ensure the establishment of an 
        electronic platform through which a petition for an H-2A worker 
        may be filed. Such platform shall--
                    (A) serve as a single point of access for an 
                employer to input all information and supporting 
                documentation required for obtaining labor 
                certification from the Secretary of Labor and the 
                adjudication of the H-2A petition by the Secretary of 
                Homeland Security;
                    (B) serve as a single point of access for the 
                Secretary of Homeland Security, the Secretary of Labor, 
                and State workforce agencies to concurrently perform 
                their respective review and adjudicatory 
                responsibilities in the H-2A process;
                    (C) facilitate communication between employers and 
                agency adjudicators, including by allowing employers 
                to--
                            (i) receive and respond to notices of 
                        deficiency and requests for information;
                            (ii) submit requests for inspections and 
                        licensing;
                            (iii) receive notices of approval and 
                        denial; and
                            (iv) request reconsideration or appeal of 
                        agency decisions; and
                    (D) provide information to the Secretary of State 
                and U.S. Customs and Border Protection necessary for 
                the efficient and secure processing of H-2A visas and 
                applications for admission.
            (2) Objectives.--In developing the platform described in 
        paragraph (1), the Secretary of Homeland Security, in 
        consultation with the Secretary of Labor, the Secretary of 
        Agriculture, the Secretary of State, and the United States 
        Digital Service, shall streamline and improve the H-2A process, 
        including by--
                    (A) eliminating the need for employers to submit 
                duplicate information and documentation to multiple 
                agencies;
                    (B) eliminating redundant processes, where a single 
                matter in a petition is adjudicated by more than one 
                agency;
                    (C) reducing the occurrence of common petition 
                errors, and otherwise improving and expediting the 
                processing of H-2A petitions; and
                    (D) ensuring compliance with H-2A program 
                requirements and the protection of the wages and 
                working conditions of workers.
    (b) Online Job Registry.--The Secretary of Labor shall maintain a 
national, publicly accessible online job registry and database of all 
job orders submitted by H-2A employers. The registry and database 
shall--
            (1) be searchable using relevant criteria, including the 
        types of jobs needed to be filled, the date(s) and location(s) 
        of need, and the employer(s) named in the job order;
            (2) provide an interface for workers in English, Spanish, 
        and any other language that the Secretary of Labor determines 
        to be appropriate; and
            (3) provide for public access of job orders approved under 
        section 218(h)(2) of the Immigration and Nationality Act.

SEC. 202. AGRICULTURAL LABOR OR SERVICES.

    (a) Definition.--Section 101(a) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)) is amended by adding at the end the following:
            ``(53) The term `agricultural labor or services' has the 
        meaning given such term by the Secretary of Agriculture in 
        regulations and includes--
                    ``(A) agricultural labor (as such term is defined 
                in section 3121(g) of the Internal Revenue Code of 
                1986) except as described in subsection (g)(4) of such 
                section;
                    ``(B) agriculture (as such term is defined in 
                section 3(f) of the Fair Labor Standards Act of 1938 
                (29 U.S.C. 203(f))), except that the requirement that 
                such work be performed by a farmer or on a farm as an 
                incident to or in conjunction with such farming 
                operations shall not apply if such work is being 
                performed at the direction of and as incident to or in 
                conjunction with the farmers' farming operation;
                    ``(C) agricultural employment (as such term is 
                defined in section 3 of the Migrant and Seasonal Worker 
                Protection Act (29 U.S.C. 1802));
                    ``(D) the handling, planting, drying, packing, 
                packaging, processing, freezing, or grading prior to 
                delivery for storage of any agricultural or 
                horticultural commodity in its unmanufactured state;
                    ``(E) all activities required for the preparation, 
                processing or manufacturing, for further distribution, 
                of--
                            ``(i) a product of agriculture (as such 
                        term is defined in such section 3(f));
                            ``(ii) a product of aquaculture; or
                            ``(iii) wild-caught fish or shellfish;
                    ``(F) forestry-related activities;
                    ``(G) pressing of apples for cider on a farm;
                    ``(H) logging employment;
                    ``(I) activities related to the management and 
                training of equines; and
                    ``(J) performing any of the activities described in 
                this paragraph for an agricultural employer (as such 
                term is defined in paragraph (2) of section 3 of the 
                Migrant and Seasonal Worker Protection Act (29 U.S.C. 
                1802), including an agricultural cooperative, except 
                that for purposes of this subparagraph, the limitations 
                described in paragraphs (8)(B)(ii) and (10)(B)(iii) 
                shall not apply),
        except that in regard to labor or services consisting of meat 
        or poultry processing, the term `agricultural labor or 
        services' only includes the killing of animals and the 
        breakdown of their carcasses.''.
    (b) Conforming Amendments.--The Immigration and Nationality Act (8 
U.S.C. 1101 et seq.) is amended--
            (1) in section 101(a)(15)(H), by striking ``, as defined by 
        the Secretary of Labor in regulations and including 
        agricultural labor defined in section 3121(g) of the Internal 
        Revenue Code of 1986, agriculture as defined in section 3(f) of 
        the Fair Labor Standards Act of 1938 (29 U.S.C. 203(f)), and 
        the pressing of apples for cider on a farm, of a temporary or 
        seasonal nature''; and
            (2) in section 218(d)(2), by striking ``of a temporary or 
        seasonal nature''.

SEC. 203. H-2A PROGRAM REQUIREMENTS.

    Section 218 of the Immigration and Nationality Act (8 U.S.C. 1188) 
is amended--
            (1) in subsection (c), by striking paragraph (4);
            (2) by redesignating subsection (i) as subsection (p);
            (3) by inserting after subsection (h) the following:
    ``(i) Wage Requirements.--Each employer under this section will 
offer the worker, during the period of authorized employment, wages 
that are at least the greatest of--
            ``(1) 125 percent of the Federal minimum wage; or
            ``(2) the applicable State or local minimum wage.
    ``(j) Housing Requirements.--Employers shall furnish housing in 
accordance with regulations established by the Secretary of Labor. Such 
regulations shall be consistent with the following:
            ``(1) In general.--The employer shall provide housing 
        meeting applicable State, Federal, and local standards, or 
        secure housing which meets the local standards for rental and/
        or public accommodations or other substantially similar class 
        of habitation.
            ``(2) Family housing.--The employer shall provide family 
        housing to workers with families who request it when it is the 
        prevailing practice in the area and occupation of intended 
        employment to provide family housing.
            ``(3) United states workers.--Notwithstanding paragraphs 
        (1) and (2), an employer is not required to provide housing to 
        United States workers who are reasonably able to return to 
        their residence within the same day.
            ``(4) Timing of inspection.--
                    ``(A) In general.--The Secretary of Labor or 
                designee shall make a determination as to whether the 
                housing furnished by an employer for a worker meets the 
                requirements imposed by this subsection prior to the 
                date on which the Secretary of Labor is required to 
                make a certification with respect to a petition for the 
                admission of such worker.
                    ``(B) Timely inspection.--The Secretary of Labor 
                shall provide a process for--
                            ``(i) an employer to request inspection of 
                        housing up to 60 days before the date on which 
                        the employer will file a petition under this 
                        section; and
                            ``(ii) biennial inspection of housing for 
                        workers who are engaged in agricultural 
                        employment.
    ``(k) Transportation Requirements.--
            ``(1) Travel to place of employment.--A worker who 
        completes 50 percent of the period of employment specified in 
        the job order shall be reimbursed by the employer for the cost 
        of the worker's transportation and subsistence from the place 
        from which the worker came to work for the employer (or place 
        of last employment, if the worker traveled from such place) to 
        the place of employment.
            ``(2) Travel from place of employment.--For a worker who 
        completes the period of employment specified in the job order 
        or who is terminated without cause, the employer shall provide 
        or pay for the worker's transportation and subsistence from the 
        place of employment to the place from which the worker, 
        disregarding intervening employment, came to work for the 
        employer, or to the place of next employment, if the worker has 
        contracted with a subsequent employer who has not agreed to 
        provide or pay for the worker's transportation and subsistence 
        to such subsequent employer's place of employment.
            ``(3) Limitation.--
                    ``(A) Amount of reimbursement.--Except as provided 
                in subparagraph (B), the amount of reimbursement 
                provided under paragraph (1) or (2) to a worker need 
                not exceed the lesser of--
                            ``(i) the actual cost to the worker of the 
                        transportation and subsistence involved; or
                            ``(ii) the most economical and reasonable 
                        common carrier transportation charges and 
                        subsistence costs for the distance involved.
                    ``(B) Distance traveled.--For travel to or from the 
                worker's home country, if the travel distance between 
                the worker's home and the relevant consulate is 50 
                miles or less, reimbursement for transportation and 
                subsistence may be based on transportation to or from 
                the consulate.
    ``(l) Eligibility for H-2A Status and Admission to the United 
States.--
            ``(1) Visa validity.--A visa issued to an H-2A worker shall 
        be valid for 3 years and shall allow for multiple entries 
        during the approved period of admission.
            ``(2) Period of authorized stay; admission.--
                    ``(A) In general.--An alien admissible as an H-2A 
                worker shall be authorized to stay in the United States 
                for the period of employment specified in the petition 
                approved by the Secretary of Homeland Security under 
                this section. The maximum continuous period of 
                authorized stay for an H-2A worker is 36 months.
                    ``(B) Requirement to remain outside the united 
                states.--In the case of an H-2A worker whose maximum 
                continuous period of authorized stay (including any 
                extensions) has expired, the alien may not again be 
                eligible for such stay until the alien remains outside 
                the United States for a cumulative period of at least 
                45 days.
                    ``(C) Exceptions.--The Secretary of Homeland 
                Security shall deduct absences from the United States 
                that take place during an H-2A worker's period of 
                authorized stay from the period that the alien is 
                required to remain outside the United States under 
                subparagraph (B), if the alien or the alien's employer 
                requests such a deduction, and provides clear and 
                convincing proof that the alien qualifies for such a 
                deduction. Such proof shall consist of evidence 
                including, but not limited to, arrival and departure 
                records, copies of tax returns, and records of 
                employment abroad.
                    ``(D) Admission.--In addition to the maximum 
                continuous period of authorized stay, an H-2A worker's 
                authorized period of admission shall include an 
                additional period of 10 days prior to the beginning of 
                the period of employment for the purpose of traveling 
                to the place of employment and 45 days at the end of 
                the period of employment for the purpose of traveling 
                home or seeking an extension of status based on a 
                subsequent offer of employment if the worker has not 
                reached the maximum continuous period of authorized 
                stay under subparagraph (A) (subject to the exceptions 
                in subparagraph (C)).
            ``(3) Continuing h-2a workers.--
                    ``(A) Successive employment.--An H-2A worker is 
                authorized to start new or concurrent employment upon 
                the filing of a nonfrivolous H-2A petition, or as of 
                the requested start date, whichever is later if--
                            ``(i) the petition to start new or 
                        concurrent employment was filed prior to the 
                        expiration of the H-2A worker's period of 
                        admission as defined in paragraph (2)(D); and
                            ``(ii) the H-2A worker has not been 
                        employed without authorization in the United 
                        States from the time of last admission to the 
                        United States in H-2A status through the filing 
                        of the petition for new employment.
                    ``(B) Protection due to immigrant visa backlogs.--
                Notwithstanding the limitations on the period of 
                authorized stay described in paragraph (3), any H-2A 
                worker who--
                            ``(i) is the beneficiary of an approved 
                        petition, filed under section 204(a)(1)(E) or 
                        (F) for preference status under section 
                        203(b)(3)(A)(iii); and
                            ``(ii) is eligible to be granted such 
                        status but for the annual limitations on visas 
                        under section 203(b)(3)(A),
                may apply for, and the Secretary of Homeland Security 
                may grant, an extension of such nonimmigrant status 
                until the Secretary of Homeland Security issues a final 
                administrative decision on the alien's application for 
                adjustment of status or the Secretary of State issues a 
                final decision on the alien's application for an 
                immigrant visa.
    ``(m) H-2A Petition Procedures.--
            ``(1) In general.--The employer shall submit information 
        required for the adjudication of the H-2A petition, including a 
        job order, through the electronic platform no more than 75 
        calendar days and no fewer than 60 calendar days before the 
        employer's first date of need specified in the petition.
            ``(2) Filing by agricultural associations.--An association 
        of agricultural producers that use agricultural services may 
        file an H-2A petition under paragraph (1). If an association is 
        a joint or sole employer of workers who perform agricultural 
        labor or services, H-2A workers may be used for the approved 
        job opportunities of any of the association's producer members 
        and such workers may be transferred among its producer members 
        to perform the agricultural labor or services for which the 
        petition was approved.
            ``(3) Petitions involving staggered entry.--An employer may 
        file a petition involving employment in the same occupational 
        classification and same area of intended employment with 
        multiple start dates if--
                    ``(A) the petition involves no more than 10 start 
                dates;
                    ``(B) the multiple start dates share a common end 
                date;
                    ``(C) no more than 120 days separate the first 
                start date and the final start date listed in the 
                petition; and
                    ``(D) the need for multiple start dates arises from 
                variations in labor needs associated with the job 
                opportunity identified in the petition.
            ``(4) Post-certification amendments.--The Secretary of 
        Labor shall provide a process for amending a request for labor 
        certification in conjunction with an H-2A petition, subsequent 
        to certification by the Secretary of Labor, in cases in which 
        the requested amendment does not materially change the petition 
        (including the job order).
    ``(n) Special Procedures.--
            ``(1) In general.--The Secretary of Labor, in consultation 
        with the Secretary of Agriculture and the Secretary of Homeland 
        Security, may by regulation establish alternate procedures that 
        reasonably modify program requirements under this section, 
        including for special procedures industries, when the Secretary 
        determines that such modifications are required due to the 
        unique nature of the work involved.
            ``(2) Allergy limitation.--An employer engaged in the 
        commercial beekeeping or pollination services industry may 
        require that an applicant be free from bee pollen, venom, or 
        other bee-related allergies.
            ``(3) Special procedures industries.--
                    ``(A) Application.--An individual employer in a 
                special procedures industry may file a program petition 
                on its own behalf or in conjunction with an association 
                of employers. The employer's petition may be part of 
                several related petitions submitted simultaneously that 
                constitute a master petition.
                    ``(B) Special procedures industry defined.--In this 
                subsection, the term `special procedures industry' 
                means--
                            ``(i) sheepherding and goat herding;
                            ``(ii) itinerant commercial beekeeping and 
                        pollination;
                            ``(iii) open range production of livestock;
                            ``(iv) itinerant animal shearing; and
                            ``(v) custom combining industries.''; and
            (4) in subsection (p), as so redesignated, by adding at the 
        end the following:
            ``(3) Temporarily.--The term `temporarily' means a period 
        not exceeding 350 days.
            ``(4) Job order.--The term `job order' means the document 
        containing the material terms and conditions of employment, 
        including obligations and assurances required under this 
        section or any other law.''.

SEC. 204. PORTABLE H-2A VISA PILOT PROGRAM.

    (a) Establishment of Pilot Program.--
            (1) In general.--Not later than 18 months after the date of 
        the enactment of this Act, the Secretary of Homeland Security, 
        in consultation with the Secretary of Labor and the Secretary 
        of Agriculture, shall establish through regulation a 6-year 
        pilot program to facilitate the free movement and employment of 
        H-2A workers to perform agricultural labor or services for 
        agricultural employers registered with the Secretary of 
        Agriculture. Notwithstanding the requirements of section 218 of 
        the Immigration and Nationality Act, such regulation shall 
        establish the requirements for the pilot program, consistent 
        with subsection (b). For purposes of this section, such a 
        worker shall be referred to as a portable H-2A worker, and 
        status as such a worker shall be referred to as portable H-2A 
        status.
            (2) Online platform.--The Secretary of Homeland Security, 
        in consultation with the Secretary of Labor and the Secretary 
        of Agriculture, shall maintain an online electronic platform to 
        connect portable H-2A workers with registered agricultural 
        employers seeking workers to perform agricultural labor or 
        services. Employers shall post on the platform available job 
        opportunities, including a description of the nature and 
        location of the work to be performed, the anticipated period or 
        periods of need, and the terms and conditions of employment. 
        Such platform shall allow portable H-2A workers to search for 
        available job opportunities using relevant criteria, including 
        the types of jobs needed to be filled and the dates and 
        locations of need.
            (3) Limitation.--Notwithstanding the issuance of the 
        regulation described in paragraph (1), the Secretary of State 
        may not issue a portable H-2A visa and the Secretary of 
        Homeland Security may not confer portable H-2A status on any 
        alien until the Secretary of Homeland Security, in consultation 
        with the Secretary of Labor and the Secretary of Agriculture, 
        has determined that a sufficient number of employers have been 
        designated as registered agricultural employers under 
        subsection (b)(1) and that such employers have sufficient job 
        opportunities to employ a reasonable number of portable H-2A 
        workers to initiate the pilot program.
    (b) Pilot Program Elements.--The pilot program in subsection (a) 
shall contain the following elements:
            (1) Registered agricultural employers.--
                    (A) Designation.--Agricultural employers shall be 
                provided the ability to seek designation as registered 
                agricultural employers. Reasonable fees may be assessed 
                commensurate with the cost of processing applications 
                for designation. A designation shall be valid for a 
                period of up to 3 years unless revoked for failure to 
                comply with program requirements. Registered employers 
                that comply with program requirements may apply to 
                renew such designation for additional periods of up to 
                3 years for the duration of the pilot program.
                    (B) Limitations.--Registered agricultural employers 
                may employ aliens with portable H-2A status without 
                filing a petition. Such employers shall pay such aliens 
                at least the wage required under section 218(d) of the 
                Immigration and Nationality Act (8 U.S.C. 1188(d)).
                    (C) Workers' compensation.--If a job opportunity is 
                not covered by or is exempt from the State workers' 
                compensation law, a registered agricultural employer 
                shall provide, at no cost to the worker, insurance 
                covering injury and disease arising out of, and in the 
                course of, the worker's employment, which will provide 
                benefits at least equal to those provided under the 
                State workers' compensation law.
            (2) Designated workers.--
                    (A) In general.--Individuals who have been 
                previously admitted to the United States in H-2A 
                status, and maintained such status during the period of 
                admission, shall be provided the opportunity to apply 
                for portable H-2A status. Portable H-2A workers shall 
                be subject to the provisions on visa validity and 
                periods of authorized stay and admission for H-2A 
                workers described in paragraphs (2) and (3) of section 
                218(j) of the Immigration and Nationality Act (8 U.S.C. 
                1188(j)(2) and (3)).
                    (B) Limitations on availability of portable h-2a 
                status.--
                            (i) Initial offer of employment required.--
                        No alien may be granted portable H-2A status 
                        without an initial valid offer of employment to 
                        perform temporary or agricultural labor or 
                        services from a registered agricultural 
                        employer.
                            (ii) Numerical limitation.--The total 
                        number of aliens who may hold valid portable H-
                        2A status at any one time may not exceed 
                        10,000.
                    (C) Scope of employment.--During the period of 
                admission, a portable H-2A worker may perform 
                agricultural labor or services for any employer in the 
                United States that is designated as a registered 
                agricultural employer pursuant to paragraph (1). An 
                employment arrangement under this section may be 
                terminated by either the portable H-2A worker or the 
                registered agricultural employer at any time.
                    (D) Transfer to new employment.--At the cessation 
                of employment with a registered agricultural employer, 
                a portable H-2A worker shall have 60 days to secure new 
                employment with a registered agricultural employer.
                    (E) Maintenance of status.--A portable H-2A worker 
                who does not secure new employment with a registered 
                agricultural employer within 60 days shall be 
                considered to have failed to maintain such status and 
                shall depart the United States or be subject to removal 
                under section 237(a)(1)(C)(i) of the Immigration and 
                Nationality Act (8 U.S.C. 1188(a)(1)(C)(i)).
            (3) Enforcement.--The Secretary of Labor shall be 
        responsible for conducting investigations and random audits of 
        employers to ensure compliance with the employment-related 
        requirements of this section, consistent with section 218(m) of 
        the Immigration and Nationality Act (8 U.S.C. 1188(m)). The 
        Secretary of Labor shall have the authority to collect 
        reasonable civil penalties for violations, which shall be 
        utilized by the Secretary for the administration and 
        enforcement of the provisions of this section.
            (4) Eligibility for services.--Section 305 of Public Law 
        99-603 (100 Stat. 3434) is amended by striking ``other 
        employment rights as provided in the worker's specific contract 
        under which the nonimmigrant was admitted'' and inserting 
        ``employment-related rights''.
    (c) Report.--Not later than 6 months before the end of the third 
fiscal year of the pilot program, the Secretary of Homeland Security, 
in consultation with the Secretary of Labor and the Secretary of 
Agriculture, shall prepare and submit to the Committees on the 
Judiciary of the House of Representatives and the Senate, a report that 
provides--
            (1) the number of employers designated as registered 
        agricultural employers, broken down by geographic region, farm 
        size, and the number of job opportunities offered by such 
        employers;
            (2) the number of employers whose designation as a 
        registered agricultural employer was revoked;
            (3) the number of individuals granted portable H-2A status 
        in each fiscal year, along with the number of such individuals 
        who maintained portable H-2A status during all or a portion of 
        the 3-year period of the pilot program;
            (4) an assessment of the impact of the pilot program on the 
        wages and working conditions of United States farm workers;
            (5) the results of a survey of individuals granted portable 
        H-2A status, detailing their experiences with and feedback on 
        the pilot program;
            (6) the results of a survey of registered agricultural 
        employers, detailing their experiences with and feedback on the 
        pilot program;
            (7) an assessment as to whether the program should be 
        continued and if so, any recommendations for improving the 
        program; and
            (8) findings and recommendations regarding effective 
        recruitment mechanisms, including use of new technology to 
        match workers with employers and ensure compliance with 
        applicable labor and employment laws and regulations.
                                 <all>