H.R. 9199

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9199 Introduced in House (IH)]

<DOC>

119th CONGRESS
2d Session
H. R. 9199

To secure the borders of the United States, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

June 8, 2026

Mr. Roy (for himself, Mr. Perry, Mr. Cloud, Mr. Donalds, Ms. Boebert, 
Mr. Ogles, and Mr. Higgins of Louisiana) introduced the following bill; 
which was referred to the Committee on the Judiciary, and in addition 
to the Committees on Homeland Security, Ways and Means, and Foreign 
Affairs, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the 
jurisdiction of the committee concerned

_______________________________________________________________________

A BILL

To secure the borders of the United States, 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 ``Permanent Trump 
Secure Border 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

Sec. 101. Definitions.
Sec. 102. Border wall construction.
Sec. 103. Strengthening the requirements for barriers along the 
southern border.
Sec. 104. Border and port security technology investment plan.
Sec. 105. Border security technology program management.
Sec. 106. U.S. customs and border protection technology upgrades.
Sec. 107. U.S. customs and border protection personnel.
Sec. 108. Anti-border corruption act reauthorization.
Sec. 109. Establishment of workload staffing models for U.S. border 
patrol and air and marine operations of 
cbp.
Sec. 110. Operation stonegarden.
Sec. 111. Air and marine operations flight hours.
Sec. 112. Eradication of carrizo cane and salt cedar.
Sec. 113. Border patrol strategic plan.
Sec. 114. U.S. customs and border protection spiritual readiness.
Sec. 115. Restrictions on funding.
Sec. 116. Collection of dna and biometric information at the border.
Sec. 117. Eradication of narcotic drugs and formulating effective new 
tools to address yearly losses of life; 
ensuring timely updates to U.S. customs and 
border protection field manuals.
Sec. 118. Publication by U.S. customs and border protection of 
operational statistics.
Sec. 119. Alien criminal background checks.
Sec. 120. Prohibited identification documents at airport security 
checkpoints; notification to immigration 
agencies.
Sec. 121. Prohibition against any Covid-19 vaccine mandate or adverse 
action against dhs employees.
Sec. 122. Cbp one app limitation.
Sec. 123. Report on mexican drug cartels.
Sec. 124. Gao study on costs incurred by states to secure the southwest 
border.
Sec. 125. Report by inspector general of the department of homeland 
security.
Sec. 126. Offsetting authorizations of appropriations.
Sec. 127. Report to congress on foreign terrorist organizations.
Sec. 128. Assessment by inspector general of the department of homeland 
security on the mitigation of unmanned 
aircraft systems at the southwest border.
DIVISION B--IMMIGRATION ENFORCEMENT AND FOREIGN AFFAIRS

TITLE I--ASYLUM REFORM AND BORDER PROTECTION

Sec. 101. Safe third country.
Sec. 102. Credible fear interviews.
Sec. 103. Clarification of asylum eligibility.
Sec. 104. Exceptions.
Sec. 105. Employment authorization.
Sec. 106. Asylum fees.
Sec. 107. Rules for determining asylum eligibility.
Sec. 108. Firm resettlement.
Sec. 109. Notice concerning frivolous asylum applications.
Sec. 110. Technical amendments.
Sec. 111. Requirement for procedures relating to certain asylum 
applications.
TITLE II--BORDER SAFETY AND MIGRANT PROTECTION

Sec. 201. Inspection of applicants for admission.
Sec. 202. Operational detention facilities.
TITLE III--PREVENTING UNCONTROLLED MIGRATION FLOWS IN THE WESTERN 
HEMISPHERE

Sec. 301. United States policy regarding western hemisphere cooperation 
on immigration and asylum.
Sec. 302. Negotiations by secretary of state.
Sec. 303. Mandatory briefings on United States efforts to address the 
border crisis.
TITLE IV--ENSURING UNITED FAMILIES AT THE BORDER

Sec. 401. Clarification of standards for family detention.
TITLE V--PROTECTION OF CHILDREN

Sec. 501. Findings.
Sec. 502. Repatriation of unaccompanied alien children.
Sec. 503. Special immigrant juvenile status for immigrants unable to 
reunite with either parent.
Sec. 504. Rule of construction.
TITLE VI--VISA OVERSTAYS PENALTIES

Sec. 601. Expanded penalties for illegal entry or presence.
TITLE VII--IMMIGRATION PAROLE REFORM

Sec. 701. Immigration parole reform.
Sec. 702. Implementation.
Sec. 703. Cause of action.
Sec. 704. Severability.
TITLE VIII--REPEALING REGULATIONS

Sec. 801. Repealing regulations.

DIVISION A--BORDER SECURITY

SEC. 101. DEFINITIONS.

In this division:
(1) Cbp.--The term ``CBP'' means U.S. Customs and Border 
Protection.
(2) Commissioner.--The term ``Commissioner'' means the 
Commissioner of U.S. Customs and Border Protection.
(3) Department.--The term ``Department'' means the 
Department of Homeland Security.
(4) 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).
(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) Unmanned aircraft system.--The term ``unmanned aircraft 
system'' has the meaning given such term in section 44801 of 
title 49, United States Code.

SEC. 102. BORDER WALL CONSTRUCTION.

(a) In General.--
(1) Immediate resumption of border wall construction.--Not 
later than seven days after the date of the enactment of this 
Act, the Secretary shall resume all activities related to the 
construction of the border wall along the border between the 
United States and Mexico that were underway or being planned 
for prior to January 20, 2021.
(2) Use of funds.--To carry out this section, the Secretary 
shall expend all unexpired funds appropriated or explicitly 
obligated for the construction of the border wall that were 
appropriated or obligated, as the case may be, for use 
beginning on October 1, 2019.
(3) Use of materials.--Any unused materials purchased 
before the date of the enactment of this Act for construction 
of the border wall may be used for activities related to the 
construction of the border wall in accordance with paragraph 
(1).
(b) Plan To Complete Tactical Infrastructure and Technology.--Not 
later than 90 days after the date of the enactment of this Act and 
annually thereafter until construction of the border wall has been 
completed, the Secretary shall submit to the appropriate congressional 
committees an implementation plan, including annual benchmarks for the 
construction of 200 miles of such wall and associated cost estimates 
for satisfying all requirements of the construction of the border wall, 
including installation and deployment of 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, as well as any 
future funds appropriated or otherwise made available by Congress.
(c) 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 wall.
(3) Technology.--The term ``technology'' includes border 
surveillance and detection technology, including linear ground 
detection systems, associated with a border wall.

SEC. 103. 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 southwest border 
to achieve situational awareness and operational control of the 
southwest border and deter, impede, and detect unlawful activity.'';
(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 the heading, by striking ``FENCING'' 
and inserting ``BARRIERS'';
(ii) by amending subparagraph (A) to read 
as follows:
``(A) Reinforced barriers.--In carrying out this 
section, the Secretary of Homeland Security shall 
construct a border wall, including physical barriers, 
tactical infrastructure, and technology, along not 
fewer than 900 miles of the southwest border until 
situational awareness and operational control of the 
southwest border is achieved.'';
(iii) by amending subparagraph (B) to read 
as follows:
``(B) Physical barriers and tactical 
infrastructure.--In carrying out this section, the 
Secretary of Homeland Security shall deploy along the 
southwest border the most practical and effective 
physical barriers, tactical infrastructure, and 
technology available for achieving situational 
awareness and operational control of the southwest 
border.'';
(iv) in subparagraph (C)--
(I) by amending clause (i) to read 
as follows:
``(i) In general.--In carrying out this 
section, the Secretary of Homeland Security 
shall consult with the Secretary of the 
Interior, the Secretary of Agriculture, 
appropriate representatives of State, Tribal, 
and local governments, and appropriate private 
property owners in the United States to 
minimize the impact on natural resources, 
commerce, and sites of historical or cultural 
significance for the communities and residents 
located near the sites at which physical 
barriers, tactical infrastructure, and 
technology are to be constructed. Such 
consultation may not delay such construction 
for longer than seven days.''; and
(II) in clause (ii)--
(aa) in subclause (I), by 
striking ``or'' after the 
semicolon at the end;
(bb) by amending subclause 
(II) to read as follows:
``(II) delay the transfer to the 
United States of the possession of 
property or affect the validity of any 
property acquisition by the United 
States by purchase or eminent 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
(v) 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, tactical infrastructure, and 
technology'';
(D) by amending paragraph (3) to read as follows:
``(3) Agent safety.--In carrying out this section, the 
Secretary of Homeland Security, when designing, testing, 
constructing, installing, deploying, integrating, and operating 
physical barriers, tactical infrastructure, or technology, 
shall incorporate such safety features into such design, test, 
construction, installation, deployment, integration, or 
operation of such physical barriers, tactical infrastructure, 
or technology, as the case may be, that the Secretary 
determines are necessary to maximize the safety and 
effectiveness of officers and agents of the 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 waive all legal 
requirements necessary to ensure the expeditious design, 
testing, construction, installation, deployment, integration, 
operation, and maintenance of the physical barriers, tactical 
infrastructure, and technology under this section. The 
Secretary shall ensure the maintenance and effectiveness of 
such physical barriers, tactical infrastructure, or technology. 
Any such action 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 seven days after the 
date on which the Secretary of Homeland Security exercises a 
waiver pursuant to 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.--In carrying out this section, the Secretary of 
Homeland Security shall deploy along the southwest border the most 
practical and effective technology available for achieving situational 
awareness and operational control.
``(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) 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).
``(3) Physical barriers.--The term `physical barriers' 
includes reinforced fencing, the border wall, and levee walls.
``(4) 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)).
``(5) Tactical infrastructure.--The term `tactical 
infrastructure' includes boat ramps, access gates, checkpoints, 
lighting, and roads.
``(6) 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) Tunnel detection systems and other seismic 
technology.
``(I) Fiber-optic cable.
``(J) Other border detection, communication, and 
surveillance technology.
``(7) Unmanned aircraft system.--The term `unmanned 
aircraft system' has the meaning given such term in section 
44801 of title 49, United States Code.''.

SEC. 104. BORDER AND PORT SECURITY TECHNOLOGY INVESTMENT PLAN.

(a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Commissioner, in consultation with covered 
officials and border and port security technology stakeholders, shall 
submit to the appropriate congressional committees a strategic 5-year 
technology investment plan (in this section 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 at and between ports of 
entry along the northern and southern borders of the United 
States.
(2) An identification of capability gaps with respect to 
security at and between such ports of entry to be mitigated in 
order to--
(A) prevent terrorists and instruments of terror 
from entering the United States;
(B) combat and reduce cross-border criminal 
activity, including--
(i) the transport of illegal goods, such as 
illicit drugs; and
(ii) human smuggling and human trafficking; 
and
(C) facilitate the flow of legal trade across the 
southwest border.
(3) An analysis of current and forecast trends relating to 
the number of aliens who--
(A) unlawfully entered the United States by 
crossing the northern or southern border of the United 
States; or
(B) are unlawfully present in the United States.
(4) A description of security-related technology 
acquisitions, to be listed in order of priority, to address the 
security risks and capability gaps analyzed and 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 the 
private sector, small and disadvantaged businesses, 
intragovernment entities, university centers of excellence, and 
Federal laboratories to ensure CBP is able to engage with 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, required to protect security-
related technology from physical or cyber theft, diversion, 
sabotage, or attack.
(12) A description of initiatives to--
(A) streamline the acquisition process of CBP; and
(B) provide to the private sector greater 
predictability and transparency with respect to such 
process, including information relating to the timeline 
for testing and evaluation of security-related 
technology.
(13) An assessment of the privacy and security impact on 
border communities of security-related technology.
(14) In the case of a new acquisition leading to the 
removal of equipment from a port of entry along the northern or 
southern border of the United States, a strategy to consult 
with the private sector and community stakeholders affected by 
such removal.
(15) A strategy to consult with the private sector and 
community stakeholders with respect to security impacts at a 
port of entry described in paragraph (14).
(16) An identification of recent technological advancements 
in the following:
(A) Manned aircraft sensor, communication, and 
common operating picture technology.
(B) Unmanned aerial systems and related technology, 
including counterunmanned aerial system technology.
(C) Surveillance technology, including the 
following:
(i) Mobile surveillance vehicles.
(ii) Associated electronics, including 
cameras, sensor technology, and radar.
(iii) Tower-based surveillance technology.
(iv) Advanced unattended surveillance 
sensors.
(v) Deployable, lighter-than-air, ground 
surveillance equipment.
(D) Nonintrusive inspection technology, including 
non-x-ray devices utilizing muon tomography and other 
advanced detection technology.
(E) Tunnel detection technology.
(F) Communications equipment, including the 
following:
(i) Radios.
(ii) Long-term evolution broadband.
(iii) Miniature satellites.
(c) Leveraging the Private Sector.--To the extent practicable, the 
plan shall--
(1) leverage emerging technological capabilities, and 
research and development trends, within the public and private 
sectors;
(2) incorporate input from the private sector, including 
from border and port security 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) Disclosure.--The plan shall include an identification of 
individuals not employed by the Federal Government, and their 
professional affiliations, who contributed to the development of the 
plan.
(f) Update and Report.--Not later than the date that is two years 
after the date on which the plan is 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 described pursuant to subsection 
(b)(5); and
(B) the type of contract and the reason for 
acquiring each such security-related technology.
(g) Definitions.--In this section:
(1) Appropriate congressional committees.--The term 
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and the 
Committee on Appropriations of the House of 
Representatives; and
(B) the Committee on Homeland Security and 
Governmental Affairs and the Committee on 
Appropriations of the Senate.
(2) Covered officials.--The term ``covered officials'' 
means--
(A) the Under Secretary for Management of the 
Department;
(B) the Under Secretary for Science and Technology 
of the Department; and
(C) the Chief Information Officer of the 
Department.
(3) Unlawfully present.--The term ``unlawfully present'' 
has the meaning provided such term in section 212(a)(9)(B)(ii) 
of the Immigration and Nationality Act (8 U.S.C. 
1182(a)(9)(B)(ii)).

SEC. 105. BORDER SECURITY TECHNOLOGY PROGRAM MANAGEMENT.

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

``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 $100,000,000 (based on fiscal year 2023 
constant dollars) over its life-cycle cost.
``(b) Planning Documentation.--For each border security technology 
acquisition program of the 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 inserting after the 
item relating to section 436 the following new item:

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

SEC. 106. U.S. CUSTOMS AND BORDER PROTECTION TECHNOLOGY UPGRADES.

(a) Secure Communications.--The Commissioner shall ensure that each 
CBP officer or agent, as 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, 2025, the 
Commissioner shall--
(A) fully implement the Border Security Deployment 
Program of CBP; and
(B) expand the integrated surveillance and 
intrusion detection system at land ports of entry along 
the northern and southern borders of the United States.
(2) Authorization of appropriations.--In addition to 
amounts otherwise authorized to be appropriated for such 
purpose, there is authorized to be appropriated $33,000,000 for 
fiscal years 2024 and 2025 to carry out paragraph (1).
(c) Upgrade of License Plate Readers at Ports of Entry.--
(1) Upgrade.--Not later than two years after the date of 
the enactment of this Act, the 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 2023 and 2024 to carry out paragraph (1).

SEC. 107. U.S. CUSTOMS AND BORDER PROTECTION PERSONNEL.

(a) Retention Bonus.--To carry out this section, there is 
authorized to be appropriated up to $100,000,000 to the Commissioner to 
provide a retention bonus to any front-line U.S. Border Patrol law 
enforcement agent--
(1) whose position is equal to or below level GS-12 of the 
General Schedule;
(2) who has five years or more of service with the U.S. 
Border Patrol; and
(3) who commits to two years of additional service with the 
U.S. Border Patrol upon acceptance of such bonus.
(b) Border Patrol Agents.--Not later than September 30, 2025, the 
Commissioner shall hire, train, and assign a sufficient number of 
Border Patrol agents to maintain an active duty presence of not fewer 
than 22,000 full-time equivalent Border Patrol agents, who may not 
perform the duties of processing coordinators.
(c) Prohibition Against Alien Travel.--No personnel or equipment of 
Air and Marine Operations may be used for the transportation of non-
detained aliens, or detained aliens expected to be administratively 
released upon arrival, from the southwest border to destinations within 
the United States.
(d) Gao Report.--If the staffing level required under this section 
is not achieved by the date associated with such level, the Comptroller 
General of the United States shall--
(1) conduct a review of the reasons why such level was not 
so achieved; and
(2) not later than September 30, 2027, publish on a 
publicly available website of the Government Accountability 
Office a report relating thereto.

SEC. 108. ANTI-BORDER CORRUPTION ACT 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 Requirement.--Subject to subsection (c), the 
Commissioner of U.S. Customs and Border Protection shall 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; and
``(C) is not currently under investigation, has not 
been found to have engaged in criminal activity or 
serious misconduct, has not resigned from a law 
enforcement officer position under investigation or in 
lieu of termination, and has not been dismissed from a 
law enforcement officer position;
``(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; or
``(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 Requirement; Snap-Back.--The 
requirement to issue a waiver under subsection (b) shall terminate if 
the Commissioner of U.S. Customs and Border Protection (CBP) certifies 
to the Committee on Homeland Security of the House of Representatives 
and the Committee on Homeland Security and Governmental Affairs of the 
Senate that CBP has met all requirements pursuant to section 107 of the 
Secure the Border Act of 2023 relating to personnel levels. If at any 
time after such certification personnel levels fall below such 
requirements, the Commissioner shall waive the application of 
subsection (a)(1) until such time as the Commissioner re-certifies to 
such Committees that CBP has so met all such requirements.''.
(b) Supplemental Commissioner Authority; Reporting; Definitions.--
The Anti-Border Corruption Act of 2010 is amended by adding at the end 
the following new sections:

``SEC. 5. SUPPLEMENTAL COMMISSIONER AUTHORITY.

``(a) Nonexemption.--An individual who receives a waiver under 
section 3(b) is not exempt from any other hiring requirements relating 
to suitability for employment and eligibility to hold a national 
security designated position, as determined by the Commissioner of U.S. 
Customs and Border Protection.
``(b) Background Investigations.--An individual who receives a 
waiver under section 3(b) who holds a 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.

``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, the following:
``(1) Information relating to the number of waivers granted 
under such section 3(b).
``(2) Information relating to the percentage of applicants 
who were hired after receiving such a waiver.
``(3) Information relating to the number of instances that 
a polygraph was administered to an applicant who initially 
received such a waiver and the results of such polygraph.
``(4) An assessment of the current impact of such waiver 
authority on filling law enforcement positions at U.S. Customs 
and Border Protection.
``(5) An identification of additional authorities needed by 
U.S. Customs and Border Protection to better utilize such 
waiver authority for its intended goals.
``(b) Additional Information.--The first report submitted under 
subsection (a) shall include the following:
``(1) An analysis of other methods of employment 
suitability tests that detect deception and could be used in 
conjunction with traditional background investigations to 
evaluate potential applicants or employees for suitability for 
employment or continued employment, as the case may be.
``(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).

``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. 109. 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.--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 for the U.S. Border 
Patrol, Air and Marine Operations, and the Office of Field 
Operations 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 to 
enable such entities 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 Act 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 the following:
(A) The implementation of such subsection (a) and 
such paragraphs (18) and (19).
(B) Each relevant workload staffing model.
(2) Data sources and methodology required.--Each report 
required under paragraph (1) shall include information relating 
to the data sources and methodology used to generate each 
relevant staffing model.
(d) Inspector General Review.--Not later than 90 days after the 
Commissioner develops the workload staffing models pursuant to 
subsection (a), the Inspector General of the Department shall review 
such models and provide feedback to the Secretary and the appropriate 
congressional committees with respect to the degree to which such 
models are responsive to the recommendations of the Inspector General, 
including the following:
(1) Recommendations from the Inspector General's February 
2019 audit.
(2) Any further recommendations to improve such models.
(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.

SEC. 110. OPERATION STONEGARDEN.

(a) In General.--Subtitle A of title XX of the Homeland Security 
Act of 2002 (6 U.S.C. 601 et seq.) is amended by adding at the end the 
following new section:

``SEC. 2010. OPERATION STONEGARDEN.

``(a) Establishment.--There is established in the Department a 
program to be known as `Operation Stonegarden', under which the 
Secretary, acting through the Administrator, shall make grants to 
eligible law enforcement agencies, through State administrative 
agencies, 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 shall--
``(1) be located in--
``(A) a State bordering Canada or Mexico; or
``(B) a State or territory with a maritime border;
``(2) be involved in an active, ongoing, U.S. Customs and 
Border Protection operation coordinated through a U.S. Border 
Patrol sector office; and
``(3) have an agreement in place with U.S. Immigration and 
Customs Enforcement to support enforcement operations.
``(c) Permitted Uses.--A recipient of a grant under this section 
may use such grant for costs associated with the following:
``(1) Equipment, including maintenance and sustainment.
``(2) Personnel, including overtime and backfill, in 
support of enhanced border law enforcement 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.
``(d) Period of Performance.--The Secretary shall award grants 
under this section to grant recipients for a period of not fewer than 
36 months.
``(e) Notification.--Upon denial of a grant to a law enforcement 
agency, the Administrator shall provide written notice to the Committee 
on Homeland Security of the House of Representatives and the Committee 
on Homeland Security and Governmental Affairs of the Senate, including 
the reasoning for such denial.
``(f) Report.--For each of fiscal years 2024 through 2028 the 
Administrator shall submit to the Committee on Homeland Security of the 
House of Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate a report that contains--
``(1) information on the expenditure of grants made under 
this section by each grant recipient; and
``(2) recommendations for other uses of such grants to 
further support eligible law enforcement agencies.
``(g) Authorization of Appropriations.--There is authorized to be 
appropriated $110,000,000 for each of fiscal years 2024 through 2028 
for grants under this section.''.
(b) Conforming Amendment.--Subsection (a) of section 2002 of the 
Homeland Security Act of 2002 (6 U.S.C. 603) is amended to read as 
follows:
``(a) Grants Authorized.--The Secretary, through the Administrator, 
may award grants under sections 2003, 2004, 2009, and 2010 to State, 
local, and Tribal 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. 2010. Operation Stonegarden.''.

SEC. 111. AIR AND MARINE OPERATIONS FLIGHT HOURS.

(a) Air and Marine Operations Flight Hours.--Not later than 120 
days after the date of the enactment of this Act, the Secretary shall 
ensure that not fewer than 110,000 annual flight hours are carried out 
by Air and Marine Operations of CBP.
(b) Unmanned Aircraft Systems.--The 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.
(c) Primary Missions.--The Commissioner shall ensure the following:
(1) The primary missions for Air and Marine Operations are 
to directly support the following:
(A) U.S. Border Patrol activities along the borders 
of the United States.
(B) Joint Interagency Task Force South and Joint 
Task Force East operations in the transit zone.
(2) The Executive Assistant Commissioner of Air and Marine 
Operations assigns the greatest priority to support missions 
specified in paragraph (1).
(d) High Demand Flight Hour Requirements.--The Commissioner shall--
(1) ensure that U.S. Border Patrol Sector Chiefs identify 
air support mission-critical hours; and
(2) direct Air and Marine Operations to support requests 
from such Sector Chiefs as a component of the primary mission 
of Air and Marine Operations in accordance with subsection 
(c)(1)(A).
(e) Contract Air Support Authorizations.--The Commissioner shall 
contract for air support mission-critical hours to meet the requests 
for such hours, as 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 by CBP for the purposes of the following:
(A) Meeting the unmet flight hour operational 
requirements of the U.S. Border Patrol.
(B) Achieving situational awareness and operational 
control of the borders of the United States.
(2) Coordination.--In carrying out 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 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 air-craft (as 
such term is defined in section 44801 of title 49, 
United States Code) requirements pursuant to subsection 
(f) of section 111 of the Secure the Border Act of 
2023; and''.
(g) Savings Clause.--Nothing in this section may be construed as 
conferring, transferring, or delegating to the Secretary, the 
Commissioner, the Executive Assistant Commissioner for Air and Marine 
Operations of CBP, or the Chief of the U.S. Border Patrol any authority 
of the Secretary of Transportation or the Administrator of the Federal 
Aviation Administration relating to the use of 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 (Public Law 114-328; U.S.C. 
223(a)(3)).
(2) Transit zone.--The term ``transit zone'' has the 
meaning given such term in section 1092(a)(8) of the National 
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-
328; 6 U.S.C. 223(a)(8)).

SEC. 112. ERADICATION OF CARRIZO CANE AND SALT CEDAR.

(a) In General.--Not later than 30 days after the date of the 
enactment of this Act, the Secretary, in coordination with the heads of 
relevant Federal, State, and local agencies, shall hire contractors to 
begin eradicating the carrizo cane plant and any salt cedar along the 
Rio Grande River that impedes border security operations. Such 
eradication shall be completed--
(1) by not later than September 30, 2027, except for 
required maintenance; and
(2) in the most expeditious and cost-effective manner 
possible to maintain clear fields of view.
(b) Application.--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 
103 of this division, shall apply to activities carried out pursuant to 
subsection (a).
(c) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall submit to the Committee on 
Homeland Security of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Senate a strategic 
plan to eradicate all carrizo cane plant and salt cedar along the Rio 
Grande River that impedes border security operations by not later than 
September 30, 2027.
(d) Authorization of Appropriations.--There is authorized to be 
appropriated $7,000,000 for each of fiscal years 2024 through 2028 to 
the Secretary to carry out this subsection.

SEC. 113. BORDER PATROL STRATEGIC PLAN.

(a) In General.--Not later than one year after the date of the 
enactment of this Act and biennially thereafter, the Commissioner, 
acting through the Chief of the U.S. Border Patrol, shall issue a 
Border Patrol Strategic Plan (referred to in this section as the 
``plan'') to enhance the security of the borders of the United States.
(b) 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 between ports of entry, including efforts 
to mitigate threats identified in such analyses, plans, and 
documents.
(2) Information relating to the dissemination of 
information relating to border security or border threats with 
respect to the efforts of the Department and other appropriate 
Federal agencies.
(3) Information relating to efforts by U.S. 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;
(B) detect and prevent terrorists and instruments 
of terrorism from entering the United States;
(C) detect, interdict, and disrupt between ports of 
entry aliens unlawfully present in the United States;
(D) detect, interdict, and disrupt human smuggling, 
human trafficking, drug trafficking, and other illicit 
cross-border activity;
(E) focus intelligence collection to disrupt 
transnational criminal organizations outside of the 
international and maritime borders of the United 
States; and
(F) ensure that any new border security technology 
can be operationally integrated with existing 
technologies in use by the Department.
(4) Information relating to initiatives of the 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 borders of the United States.
(7) Information relating to border security information 
received from the following:
(A) State, local, Tribal, territorial, and other 
Federal law enforcement agencies that have jurisdiction 
on the borders of the United States or in the maritime 
environment.
(B) Border community stakeholders, including 
representatives from the following:
(i) Border agricultural and ranching 
organizations.
(ii) Business and civic organizations.
(iii) Hospitals and rural clinics within 
150 miles of the borders of the United States.
(iv) Victims of crime committed by aliens 
unlawfully present in the United States.
(v) Victims impacted by drugs, 
transnational criminal organizations, cartels, 
gangs, or other criminal activity.
(vi) Farmers, ranchers, and property owners 
along the border.
(vii) Other individuals negatively impacted 
by illegal immigration.
(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 borders 
of the United States.
(10) An assessment of training programs, including such 
programs relating to the following:
(A) Identifying and detecting fraudulent documents.
(B) Understanding the scope of CBP enforcement 
authorities and appropriate use of force policies.
(C) Screening, identifying, and addressing 
vulnerable populations, such as children and victims of 
human trafficking.

SEC. 114. U.S. CUSTOMS AND BORDER PROTECTION SPIRITUAL READINESS.

Not later than one year after the enactment of this Act and 
annually thereafter for five years, the Commissioner 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 on the availability and usage of the assistance of 
chaplains, prayer groups, houses of worship, and other spiritual 
resources for members of CBP who identify as religiously affiliated and 
have attempted suicide, have suicidal ideation, or are at risk of 
suicide, and metrics on the impact such resources have in assisting 
religiously affiliated members who have access to and utilize such 
resources compared to religiously affiliated members who do not.

SEC. 115. RESTRICTIONS ON FUNDING.

(a) Arriving Aliens.--No funds are authorized to be appropriated to 
the Department to process the entry into the United States of aliens 
arriving in between ports of entry.
(b) Restriction on Nongovernmental Organization Support for 
Unlawful Activity.--No funds are authorized to be appropriated to the 
Department for disbursement to any nongovernmental organization that 
facilitates or encourages unlawful activity, including unlawful entry, 
human trafficking, human smuggling, drug trafficking, and drug 
smuggling.
(c) Restriction on Nongovernmental Organization Facilitation of 
Illegal Immigration.--No funds are authorized to be appropriated to the 
Department for disbursement to any nongovernmental organization to 
provide, or facilitate the provision of, transportation, lodging, or 
immigration legal services to inadmissible aliens who enter the United 
States after the date of the enactment of this Act.

SEC. 116. COLLECTION OF DNA AND BIOMETRIC INFORMATION AT THE BORDER.

Not later than 14 days after the date of the enactment of this Act, 
the Secretary shall ensure and certify to the Committee on Homeland 
Security of the House of Representatives and the Committee on Homeland 
Security and Governmental Affairs of the Senate that CBP is fully 
compliant with Federal DNA and biometric collection requirements at 
United States land borders.

SEC. 117. ERADICATION OF NARCOTIC DRUGS AND FORMULATING EFFECTIVE NEW 
TOOLS TO ADDRESS YEARLY LOSSES OF LIFE; ENSURING TIMELY 
UPDATES TO U.S. CUSTOMS AND BORDER PROTECTION FIELD 
MANUALS.

(a) In General.--Not later than 90 days after the date of the 
enactment of this Act, and not less frequently than triennially 
thereafter, the Commissioner of U.S. Customs and Border Protection 
shall review and update, as necessary, the current policies and manuals 
of the Office of Field Operations related to inspections at ports of 
entry, and the U.S. Border Patrol related to inspections between ports 
of entry, to ensure the uniform implementation of inspection practices 
that will effectively respond to technological and methodological 
changes designed to disguise unlawful activity, such as the smuggling 
of drugs and humans, along the border.
(b) Reporting Requirement.--Not later than 90 days after each 
update required under subsection (a), the Commissioner of U.S. Customs 
and Border Protection shall submit to the Committee on Homeland 
Security and the Committee on the Judiciary of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs and the Committee on the Judiciary of the Senate a report that 
summarizes any policy and manual changes pursuant to subsection (a).

SEC. 118. PUBLICATION BY U.S. CUSTOMS AND BORDER PROTECTION OF 
OPERATIONAL STATISTICS.

(a) In General.--Not later than the seventh day of each month 
beginning with the second full month after the date of the enactment of 
this Act, the Commissioner of U.S. Customs and Border Protection shall 
publish on a publicly available website of the Department of Homeland 
Security information relating to the total number of alien encounters 
and nationalities, unique alien encounters and nationalities, gang 
affiliated apprehensions and nationalities, drug seizures, alien 
encounters included in the terrorist screening database and 
nationalities, arrests of criminal aliens or individuals wanted by law 
enforcement and nationalities, known got aways, encounters with 
deceased aliens, and all other related or associated statistics 
recorded by U.S. Customs and Border Protection during the immediately 
preceding month. Each such publication shall include the following:
(1) The aggregate such number, and such number 
disaggregated by geographic regions, of such recordings and 
encounters, including specifications relating to whether such 
recordings and encounters were at the southwest, northern, or 
maritime border.
(2) An identification of the Office of Field Operations 
field office, U.S. Border Patrol sector, or Air and Marine 
Operations branch making each recording or encounter.
(3) Information relating to whether each recording or 
encounter of an alien was of a single adult, an unaccompanied 
alien child, or an individual in a family unit.
(4) Information relating to the processing disposition of 
each alien recording or encounter.
(5) Information relating to the nationality of each alien 
who is the subject of each recording or encounter.
(6) The total number of individuals included in the 
terrorist screening database (as such term is defined in 
section 2101 of the Homeland Security Act of 2002 (6 U.S.C. 
621)) who have repeatedly attempted to cross unlawfully into 
the United States.
(7) The total number of individuals included in the 
terrorist screening database who have been apprehended, 
including information relating to whether such individuals were 
released into the United States or removed.
(b) Exceptions.--If the Commissioner of U.S. Customs and Border 
Protection in any month does not publish the information required under 
subsection (a), or does not publish such information by the date 
specified in such subsection, the Commissioner shall brief the 
Committee on Homeland Security of the House of Representatives and the 
Committee on Homeland Security and Governmental Affairs of the Senate 
regarding the reason relating thereto, as the case may be, by not later 
than the date that is two business days after the tenth day of such 
month.
(c) Definitions.--In this section:
(1) Alien encounters.--The term ``alien encounters'' means 
aliens apprehended, determined inadmissible, or processed for 
removal by U.S. Customs and Border Protection.
(2) Got away.--The term ``got away'' has the meaning given 
such term in section 1092(a) of the National Defense 
Authorization Act for Fiscal Year 2017 (6 U.S.C. 223(a)).
(3) Terrorist screening database.--The term ``terrorist 
screening database'' has the meaning given such term in section 
2101 of the Homeland Security Act of 2002 (6 U.S.C. 621).
(4) Unaccompanied alien child.--The term ``unaccompanied 
alien child'' has the meaning given such term in section 462(g) 
of the Homeland Security Act of 2002 (6 U.S.C. 279(g)).

SEC. 119. ALIEN CRIMINAL BACKGROUND CHECKS.

(a) In General.--Not later than seven days after the date of the 
enactment of this Act, the Commissioner shall certify to the Committee 
on Homeland Security and the Committee on the Judiciary of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs and the Committee on the Judiciary of the Senate that CBP has 
real-time access to the criminal history databases of all countries of 
origin and transit for aliens encountered by CBP to perform criminal 
history background checks for such aliens.
(b) Standards.--The certification required under subsection (a) 
shall also include a determination whether the criminal history 
databases of a country are accurate, up to date, digitized, searchable, 
and otherwise meet the standards of the Federal Bureau of Investigation 
for criminal history databases maintained by State and local 
governments.
(c) Certification.--The Secretary shall annually submit to the 
Committee on Homeland Security and the Committee on the Judiciary of 
the House of Representatives and the Committee on Homeland Security and 
Governmental Affairs and the Committee on the Judiciary of the Senate a 
certification that each database referred to in subsection (b) which 
the Secretary accessed or sought to access pursuant to this section met 
the standards described in subsection (b).

SEC. 120. PROHIBITED IDENTIFICATION DOCUMENTS AT AIRPORT SECURITY 
CHECKPOINTS; NOTIFICATION TO IMMIGRATION AGENCIES.

(a) In General.--The Administrator may not accept as valid proof of 
identification a prohibited identification document at an airport 
security checkpoint.
(b) Notification to Immigration Agencies.--If an individual 
presents a prohibited identification document to an officer of the 
Transportation Security Administration at an airport security 
checkpoint, the Administrator shall promptly notify the Director of 
U.S. Immigration and Customs Enforcement, the Director of U.S. Customs 
and Border Protection, and the head of the appropriate local law 
enforcement agency to determine whether the individual is in violation 
of any term of release from the custody of any such agency.
(c) Entry Into Sterile Areas.--
(1) In general.--Except as provided in paragraph (2), if an 
individual is found to be in violation of any term of release 
under subsection (b), the Administrator may not permit such 
individual to enter a sterile area.
(2) Exception.--An individual presenting a prohibited 
identification document under this section may enter a sterile 
area if the individual--
(A) is leaving the United States for the purposes 
of removal or deportation; or
(B) presents a covered identification document.
(d) Collection of Biometric Information From Certain Individuals 
Seeking Entry Into the Sterile Area of an Airport.--Beginning not later 
than 120 days after the date of the enactment of this Act, the 
Administrator shall collect biometric information from an individual 
described in subsection (e) prior to authorizing such individual to 
enter into a sterile area.
(e) Individual Described.--An individual described in this 
subsection is an individual who--
(1) is seeking entry into the sterile area of an airport;
(2) does not present a covered identification document; and
(3) the Administrator cannot verify is a national of the 
United States.
(f) Participation in Ident.--Beginning not later than 120 days 
after the date of the enactment of this Act, the Administrator, in 
coordination with the Secretary, shall submit biometric data collected 
under this section to the Automated Biometric Identification System 
(IDENT).
(g) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the 
Administrator of the Transportation Security Administration.
(2) Biometric information.--The term ``biometric 
information'' means any of the following:
(A) A fingerprint.
(B) A palm print.
(C) A photograph, including--
(i) a photograph of an individual's face 
for use with facial recognition technology; and
(ii) a photograph of any physical or 
anatomical feature, such as a scar, skin mark, 
or tattoo.
(D) A signature.
(E) A voice print.
(F) An iris image.
(3) Covered identification document.--The term ``covered 
identification document'' means any of the following, if the 
document is valid and unexpired:
(A) A United States passport or passport card.
(B) A biometrically secure card issued by a trusted 
traveler program of the Department of Homeland 
Security, including--
(i) Global Entry;
(ii) Nexus;
(iii) Secure Electronic Network for 
Travelers Rapid Inspection (SENTRI); and
(iv) Free and Secure Trade (FAST).
(C) An identification card issued by the Department 
of Defense, including such a card issued to a 
dependent.
(D) Any document required for admission to the 
United States under section 211(a) of the Immigration 
and Nationality Act (8 U.S.C. 1181(a)).
(E) An enhanced driver's license issued by a State.
(F) A photo identification card issued by a 
federally recognized Indian Tribe.
(G) A personal identity verification credential 
issued in accordance with Homeland Security 
Presidential Directive 12.
(H) A driver's license issued by a province of 
Canada.
(I) A Secure Certificate of Indian Status issued by 
the Government of Canada.
(J) A Transportation Worker Identification 
Credential.
(K) A Merchant Mariner Credential issued by the 
Coast Guard.
(L) A Veteran Health Identification Card issued by 
the Department of Veterans Affairs.
(M) Any other document the Administrator 
determines, pursuant to a rule making in accordance 
with section 553 of title 5, United States Code, will 
satisfy the identity verification procedures of the 
Transportation Security Administration.
(4) Immigration laws.--The term ``immigration laws'' has 
the meaning given that term in section 101 of the Immigration 
and Nationality Act (8 U.S.C. 1101).
(5) Prohibited identification document.--The term 
``prohibited identification document'' means any of the 
following (or any applicable successor form):
(A) U.S. Immigration and Customs Enforcement Form 
I-200, Warrant for Arrest of Alien.
(B) U.S. Immigration and Customs Enforcement Form 
I-205, Warrant of Removal/Deportation.
(C) U.S. Immigration and Customs Enforcement Form 
I-220A, Order of Release on Recognizance.
(D) U.S. Immigration and Customs Enforcement Form 
I-220B, Order of Supervision.
(E) Department of Homeland Security Form I-862, 
Notice to Appear.
(F) U.S. Customs and Border Protection Form I-94, 
Arrival/Departure Record (including a print-out of an 
electronic record).
(G) Department of Homeland Security Form I-385, 
Notice to Report.
(H) Any document that directs an individual to 
report to the Department of Homeland Security.
(I) Any Department of Homeland Security work 
authorization or employment verification document.
(6) Sterile area.--The term ``sterile area'' has the 
meaning given that term in section 1540.5 of title 49, Code of 
Federal Regulations, or any successor regulation.

SEC. 121. PROHIBITION AGAINST ANY COVID-19 VACCINE MANDATE OR ADVERSE 
ACTION AGAINST DHS EMPLOYEES.

(a) Limitation on Imposition of New Mandate.--The Secretary may not 
issue any COVID-19 vaccine mandate unless Congress expressly authorizes 
such a mandate.
(b) Prohibition on Adverse Action.--The Secretary may not take any 
adverse action against a Department employee based solely on the 
refusal of such employee to receive a vaccine for COVID-19.
(c) Report.--Not later than 90 days after the date of the enactment 
of this Act, the Secretary shall report to the Committee on Homeland 
Security of the House of Representatives and the Committee on Homeland 
Security and Governmental Affairs of the Senate on the following:
(1) The number of Department employees who were terminated 
or resigned due to the COVID-19 vaccine mandate.
(2) An estimate of the cost to reinstate such employees.
(3) How the Department would effectuate reinstatement of 
such employees.
(d) Retention and Development of Unvaccinated Employees.--The 
Secretary shall make every effort to retain Department employees who 
are not vaccinated against COVID-19 and provide such employees with 
professional development, promotion and leadership opportunities, and 
consideration equal to that of their peers.

SEC. 122. CBP ONE APP LIMITATION.

(a) Limitation.--The Department may use the CBP One Mobile 
Application or any other similar program, application, internet-based 
portal, website, device, or initiative only for inspection of 
perishable cargo.
(b) Report.--Not later than 60 days after the date of the enactment 
of this Act, the Commissioner shall report to the Committee on Homeland 
Security of the House of Representatives and the Committee on Homeland 
Security and Governmental Affairs of the Senate the date on which CBP 
began using CBP One to allow aliens to schedule interviews at land 
ports of entry, how many aliens have scheduled interviews at land ports 
of entry using CBP One, the nationalities of such aliens, and the 
stated final destinations of such aliens within the United States, if 
any.

SEC. 123. REPORT ON MEXICAN DRUG CARTELS.

Not later than 60 days after the date of the enactment of this Act, 
Congress shall commission a report that contains the following:
(1) A national strategy to address Mexican drug cartels, 
and a determination regarding whether there should be a 
designation established to address such cartels.
(2) Information relating to actions by such cartels that 
causes harm to the United States.

SEC. 124. GAO STUDY ON COSTS INCURRED BY STATES TO SECURE THE SOUTHWEST 
BORDER.

(a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall conduct a study to examine the costs incurred by individual 
States as a result of actions taken by such States in support of the 
Federal mission to secure the southwest border, and the feasibility of 
a program to reimburse such States for such costs.
(b) Contents.--The study required under subsection (a) shall 
include consideration of the following:
(1) Actions taken by the Department of Homeland Security 
that have contributed to costs described in such subsection 
incurred by States to secure the border in the absence of 
Federal action, including the termination of the Migrant 
Protection Protocols and cancellation of border wall 
construction.
(2) Actions taken by individual States along the southwest 
border to secure their borders, and the costs associated with 
such actions.
(3) The feasibility of a program within the Department of 
Homeland Security to reimburse States for the costs incurred in 
support of the Federal mission to secure the southwest border.

SEC. 125. REPORT BY INSPECTOR GENERAL OF THE DEPARTMENT OF HOMELAND 
SECURITY.

(a) Report.--Not later than one year after the date of the 
enactment of this Act and annually thereafter for five years, the 
Inspector General of the Department of Homeland Security shall submit 
to the Committee on Homeland Security of the House of Representatives 
and the Committee on Homeland Security and Governmental Affairs of the 
Senate a report examining the economic and security impact of mass 
migration to municipalities and States along the southwest border. Such 
report shall include information regarding costs incurred by the 
following:
(1) State and local law enforcement to secure the southwest 
border.
(2) Public school districts to educate students who are 
aliens unlawfully present in the United States.
(3) Healthcare providers to provide care to aliens 
unlawfully present in the United States who have not paid for 
such care.
(4) Farmers and ranchers due to migration impacts to their 
properties.
(b) Consultation.--To produce the report required under subsection 
(a), the Inspector General of the Department of Homeland Security shall 
consult with the individuals and representatives of the entities 
described in paragraphs (1) through (4) of such subsection.

SEC. 126. OFFSETTING AUTHORIZATIONS OF APPROPRIATIONS.

(a) Office of the Secretary and Emergency Management.--No funds are 
authorized to be appropriated for the Alternatives to Detention Case 
Management Pilot Program or the Office of the Immigration Detention 
Ombudsman for the Office of the Secretary and Emergency Management of 
the Department of Homeland Security.
(b) Management Directorate.--No funds are authorized to be 
appropriated for electric vehicles or St. Elizabeths campus 
construction for the Management Directorate of the Department of 
Homeland Security.
(c) Intelligence, Analysis, and Situational Awareness.--There is 
authorized to be appropriated $216,000,000 for Intelligence, Analysis, 
and Situational Awareness of the Department of Homeland Security.
(d) U.S. Customs and Border Protection.--No funds are authorized to 
be appropriated for the Shelter Services Program for U.S. Customs and 
Border Protection.

SEC. 127. REPORT TO CONGRESS ON FOREIGN TERRORIST ORGANIZATIONS.

(a) In General.--Not later than 90 days after the date of the 
enactment of this Act and annually thereafter for five years, the 
Secretary of Homeland Security shall submit to the Committee on 
Homeland Security of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Senate an assessment 
of foreign terrorist organizations attempting to move their members or 
affiliates into the United States through the southern, northern, or 
maritime border.
(b) Definition.--In this section, the term ``foreign terrorist 
organization'' means an organization described in section 219 of the 
Immigration and Nationality Act (8 U.S.C. 1189).

SEC. 128. ASSESSMENT BY INSPECTOR GENERAL OF THE DEPARTMENT OF HOMELAND 
SECURITY ON THE MITIGATION OF UNMANNED AIRCRAFT SYSTEMS 
AT THE SOUTHWEST BORDER.

Not later than 90 days after the date of the enactment of this Act, 
the Inspector General of the Department of Homeland Security shall 
submit to the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs of the Senate an assessment of U.S. Customs and Border 
Protection's ability to mitigate unmanned aircraft systems at the 
southwest border. Such assessment shall include information regarding 
any intervention between January 1, 2021, and the date of the enactment 
of this Act, by any Federal agency affecting in any manner U.S. Customs 
and Border Protection's authority to so mitigate such systems.

DIVISION B--IMMIGRATION ENFORCEMENT AND FOREIGN AFFAIRS

TITLE I--ASYLUM REFORM AND BORDER PROTECTION

SEC. 101. SAFE THIRD COUNTRY.

Section 208(a)(2)(A) of the Immigration and Nationality Act (8 
U.S.C. 1158(a)(2)(A)) is amended--
(1) by striking ``if the Attorney General determines'' and 
inserting ``if the Attorney General or the Secretary of 
Homeland Security determines--'';
(2) by striking ``that the alien may be removed'' and 
inserting the following:
``(i) that the alien may be removed'';
(3) by striking ``, pursuant to a bilateral or multilateral 
agreement, to'' and inserting ``to'';
(4) by inserting ``or the Secretary, on a case by case 
basis,'' before ``finds that'';
(5) by striking the period at the end and inserting ``; 
or''; and
(6) by adding at the end the following:
``(ii) that the alien entered, attempted to 
enter, or arrived in the United States after 
transiting through at least one country outside 
the alien's country of citizenship, 
nationality, or last lawful habitual residence 
en route to the United States, unless--
``(I) the alien demonstrates that 
he or she applied for protection from 
persecution or torture in at least one 
country outside the alien's country of 
citizenship, nationality, or last 
lawful habitual residence through which 
the alien transited en route to the 
United States, and the alien received a 
final judgment denying the alien 
protection in each country;
``(II) the alien demonstrates that 
he or she was a victim of a severe form 
of trafficking in which a commercial 
sex act was induced by force, fraud, or 
coercion, or in which the person 
induced to perform such act was under 
the age of 18 years; or in which the 
trafficking included the recruitment, 
harboring, transportation, provision, 
or obtaining of a person for labor or 
services through the use of force, 
fraud, or coercion for the purpose of 
subjection to involuntary servitude, 
peonage, debt bondage, or slavery, and 
was unable to apply for protection from 
persecution in each country through 
which the alien transited en route to 
the United States as a result of such 
severe form of trafficking; or
``(III) the only countries through 
which the alien transited en route to 
the United States were, at the time of 
the transit, not parties to the 1951 
United Nations Convention relating to 
the Status of Refugees, the 1967 
Protocol Relating to the Status of 
Refugees, or the United Nations 
Convention against Torture and Other 
Cruel, Inhuman or Degrading Treatment 
or Punishment.''.

SEC. 102. CREDIBLE FEAR INTERVIEWS.

Section 235(b)(1)(B)(v) of the Immigration and Nationality Act (8 
U.S.C. 1225(b)(1)(B)(v)) is amended by striking ``there is a 
significant possibility'' and all that follows, and inserting ``, 
taking into account the credibility of the statements made by the alien 
in support of the alien's claim, as determined pursuant to section 
208(b)(1)(B)(iii), and such other facts as are known to the officer, 
the alien more likely than not could establish eligibility for asylum 
under section 208, and it is more likely than not that the statements 
made by, and on behalf of, the alien in support of the alien's claim 
are true.''.

SEC. 103. CLARIFICATION OF ASYLUM ELIGIBILITY.

(a) In General.--Section 208(b)(1)(A) of the Immigration and 
Nationality Act (8 U.S.C. 1158(b)(1)(A)) is amended by inserting after 
``section 101(a)(42)(A)'' the following: ``(in accordance with the 
rules set forth in this section), and is eligible to apply for asylum 
under subsection (a)''.
(b) Place of Arrival.--Section 208(a)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1158(a)(1)) is amended--
(1) by striking ``or who arrives in the United States 
(whether or not at a designated port of arrival and including 
an alien who is brought to the United States after having been 
interdicted in international or United States waters),''; and
(2) by inserting after ``United States'' the following: 
``and has arrived in the United States at a port of entry 
(including an alien who is brought to the United States after 
having been interdicted in international or United States 
waters),''.

SEC. 104. EXCEPTIONS.

Paragraph (2) of section 208(b) of the Immigration and Nationality 
Act (8 U.S.C. 1158(b)(2)) is amended to read as follows:
``(2) Exceptions.--
``(A) In general.--Paragraph (1) shall not apply to 
an alien if the Secretary of Homeland Security or the 
Attorney General determines that--
``(i) the alien 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;
``(ii) the alien has been convicted of any 
felony under Federal, State, tribal, or local 
law;
``(iii) the alien has been convicted of any 
misdemeanor offense under Federal, State, 
tribal, or local law involving--
``(I) the unlawful possession or 
use of an identification document, 
authentication feature, or false 
identification document (as those terms 
and phrases are defined in the 
jurisdiction where the conviction 
occurred), unless the alien can 
establish that the conviction resulted 
from circumstances showing that--
``(aa) the document or 
feature was presented before 
boarding a common carrier;
``(bb) the document or 
feature related to the alien's 
eligibility to enter the United 
States;
``(cc) the alien used the 
document or feature to depart a 
country wherein the alien has 
claimed a fear of persecution; 
and
``(dd) the alien claimed a 
fear of persecution without 
delay upon presenting himself 
or herself to an immigration 
officer upon arrival at a 
United States port of entry;
``(II) the unlawful receipt of a 
Federal public benefit (as defined in 
section 401(c) of the Personal 
Responsibility and Work Opportunity 
Reconciliation Act of 1996 (8 U.S.C. 
1611(c))), from a Federal entity, or 
the unlawful receipt of similar public 
benefits from a State, tribal, or local 
entity; or
``(III) possession or trafficking 
of a controlled substance or controlled 
substance paraphernalia, as those 
phrases are defined under the law of 
the jurisdiction where the conviction 
occurred, other than a single offense 
involving possession for one's own use 
of 30 grams or less of marijuana (as 
marijuana is defined under the law of 
the jurisdiction where the conviction 
occurred);
``(iv) the alien has been convicted of an 
offense arising under paragraph (1)(A) or (2) 
of section 274(a), or under section 276;
``(v) the alien has been convicted of a 
Federal, State, tribal, or local crime that the 
Attorney General or Secretary of Homeland 
Security knows, or has reason to believe, was 
committed in support, promotion, or furtherance 
of the activity of a criminal street gang (as 
defined under the law of the jurisdiction where 
the conviction occurred or in section 521(a) of 
title 18, United States Code);
``(vi) the alien has been convicted of an 
offense for driving while intoxicated or 
impaired, as those terms are defined under the 
law of the jurisdiction where the conviction 
occurred (including a conviction for driving 
while under the influence of or impaired by 
alcohol or drugs), without regard to whether 
the conviction is classified as a misdemeanor 
or felony under Federal, State, tribal, or 
local law, in which such intoxicated or 
impaired driving was a cause of serious bodily 
injury or death of another person;
``(vii) the alien has been convicted of 
more than one offense for driving while 
intoxicated or impaired, as those terms are 
defined under the law of the jurisdiction where 
the conviction occurred (including a conviction 
for driving while under the influence of or 
impaired by alcohol or drugs), without regard 
to whether the conviction is classified as a 
misdemeanor or felony under Federal, State, 
tribal, or local law;
``(viii) the alien has been convicted of a 
crime--
``(I) that involves conduct 
amounting to a crime of stalking;
``(II) of child abuse, child 
neglect, or child abandonment; or
``(III) that involves conduct 
amounting to a domestic assault or 
battery offense, including--
``(aa) a misdemeanor crime 
of domestic violence, as 
described in section 921(a)(33) 
of title 18, United States 
Code;
``(bb) a crime of domestic 
violence, as described in 
section 40002(a)(12) of the 
Violence Against Women Act of 
1994 (34 U.S.C. 12291(a)(12)); 
or
``(cc) any crime based on 
conduct in which the alien 
harassed, coerced, intimidated, 
voluntarily or recklessly used 
(or threatened to use) force or 
violence against, or inflicted 
physical injury or physical 
pain, however slight, upon a 
person--

``(AA) who is a 
current or former 
spouse of the alien;

``(BB) with whom 
the alien shares a 
child;

``(CC) who is 
cohabitating with, or 
who has cohabitated 
with, the alien as a 
spouse;

``(DD) who is 
similarly situated to a 
spouse of the alien 
under the domestic or 
family violence laws of 
the jurisdiction where 
the offense occurred; 
or

``(EE) who is 
protected from that 
alien's acts under the 
domestic or family 
violence laws of the 
United States or of any 
State, tribal 
government, or unit of 
local government;

``(ix) the alien has engaged in acts of 
battery or extreme cruelty upon a person and 
the person--
``(I) is a current or former spouse 
of the alien;
``(II) shares a child with the 
alien;
``(III) cohabitates or has 
cohabitated with the alien as a spouse;
``(IV) is similarly situated to a 
spouse of the alien under the domestic 
or family violence laws of the 
jurisdiction where the offense 
occurred; or
``(V) is protected from that 
alien's acts under the domestic or 
family violence laws of the United 
States or of any State, tribal 
government, or unit of local 
government;
``(x) the alien, having been convicted by a 
final judgment of a particularly serious crime, 
constitutes a danger to the community of the 
United States;
``(xi) there are serious reasons for 
believing that the alien has committed a 
serious nonpolitical crime outside the United 
States prior to the arrival of the alien in the 
United States;
``(xii) there are reasonable grounds for 
regarding the alien as a danger to the security 
of the United States;
``(xiii) the alien is described in 
subclause (I), (II), (III), (IV), or (VI) of 
section 212(a)(3)(B)(i) or section 237(a)(4)(B) 
(relating to terrorist activity), unless, in 
the case only of an alien inadmissible under 
subclause (IV) of section 212(a)(3)(B)(i), the 
Secretary of Homeland Security or the Attorney 
General determines, in the Secretary's or the 
Attorney General's discretion, that there are 
not reasonable grounds for regarding the alien 
as a danger to the security of the United 
States;
``(xiv) the alien was firmly resettled in 
another country prior to arriving in the United 
States; or
``(xv) there are reasonable grounds for 
concluding the alien could avoid persecution by 
relocating to another part of the alien's 
country of nationality or, in the case of an 
alien having no nationality, another part of 
the alien's country of last habitual residence.
``(B) Special rules.--
``(i) Particularly serious crime; serious 
nonpolitical crime outside the united states.--
``(I) In general.--For purposes of 
subparagraph (A)(x), the Attorney 
General or Secretary of Homeland 
Security, in their discretion, may 
determine that a conviction constitutes 
a particularly serious crime based on--
``(aa) the nature of the 
conviction;
``(bb) the type of sentence 
imposed; or
``(cc) the circumstances 
and underlying facts of the 
conviction.
``(II) Determination.--In making a 
determination under subclause (I), the 
Attorney General or Secretary of 
Homeland Security may consider all 
reliable information and is not limited 
to facts found by the criminal court or 
provided in the underlying record of 
conviction.
``(III) Treatment of felonies.--In 
making a determination under subclause 
(I), an alien who has been convicted of 
a felony (as defined under this 
section) or an aggravated felony (as 
defined under section 101(a)(43)), 
shall be considered to have been 
convicted of a particularly serious 
crime.
``(IV) Interpol red notice.--In 
making a determination under 
subparagraph (A)(xi), an Interpol Red 
Notice may constitute reliable evidence 
that the alien has committed a serious 
nonpolitical crime outside the United 
States.
``(ii) Crimes and exceptions.--
``(I) Driving while intoxicated or 
impaired.--A finding under subparagraph 
(A)(vi) does not require the Attorney 
General or Secretary of Homeland 
Security to find the first conviction 
for driving while intoxicated or 
impaired (including a conviction for 
driving while under the influence of or 
impaired by alcohol or drugs) as a 
predicate offense. The Attorney General 
or Secretary of Homeland Security need 
only make a factual determination that 
the alien previously was convicted for 
driving while intoxicated or impaired 
as those terms are defined under the 
jurisdiction where the conviction 
occurred (including a conviction for 
driving while under the influence of or 
impaired by alcohol or drugs).
``(II) Stalking and other crimes.--
In making a determination under 
subparagraph (A)(viii), including 
determining the existence of a domestic 
relationship between the alien and the 
victim, the underlying conduct of the 
crime may be considered, and the 
Attorney General or Secretary of 
Homeland Security is not limited to 
facts found by the criminal court or 
provided in the underlying record of 
conviction.
``(III) Battery or extreme 
cruelty.--In making a determination 
under subparagraph (A)(ix), the phrase 
`battery or extreme cruelty' includes--
``(aa) any act or 
threatened act of violence, 
including any forceful 
detention, which results or 
threatens to result in physical 
or mental injury;
``(bb) psychological or 
sexual abuse or exploitation, 
including rape, molestation, 
incest, or forced prostitution, 
shall be considered acts of 
violence; and
``(cc) other abusive acts, 
including acts that, in and of 
themselves, may not initially 
appear violent, but that are a 
part of an overall pattern of 
violence.
``(IV) Exception for victims of 
domestic violence.--An alien who was 
convicted of an offense described in 
clause (viii) or (ix) of subparagraph 
(A) is not ineligible for asylum on 
that basis if the alien satisfies the 
criteria under section 237(a)(7)(A).
``(C) Specific circumstances.--Paragraph (1) shall 
not apply to an alien whose claim is based on--
``(i) personal animus or retribution, 
including personal animus in which the alleged 
persecutor has not targeted, or manifested an 
animus against, other members of an alleged 
particular social group in addition to the 
member who has raised the claim at issue;
``(ii) the applicant's generalized 
disapproval of, disagreement with, or 
opposition to criminal, terrorist, gang, 
guerilla, or other non-state organizations 
absent expressive behavior in furtherance of a 
discrete cause against such organizations 
related to control of a State or expressive 
behavior that is antithetical to the State or a 
legal unit of the State;
``(iii) the applicant's resistance to 
recruitment or coercion by guerrilla, criminal, 
gang, terrorist, or other non-state 
organizations;
``(iv) the targeting of the applicant for 
criminal activity for financial gain based on 
wealth or affluence or perceptions of wealth or 
affluence; or
``(v) the applicant's criminal activity;
``(vi) the applicant's perceived, past or 
present, gang affiliation.
``(D) Definitions and clarifications.--
``(i) Definitions.--For purposes of this 
paragraph:
``(I) Felony.--The term `felony' 
means--
``(aa) any crime defined as 
a felony by the relevant 
jurisdiction (Federal, State, 
tribal, or local) of 
conviction; or
``(bb) any crime punishable 
by more than one year of 
imprisonment.
``(II) Misdemeanor.--The term 
`misdemeanor' means--
``(aa) any crime defined as 
a misdemeanor by the relevant 
jurisdiction (Federal, State, 
tribal, or local) of 
conviction; or
``(bb) any crime not 
punishable by more than one 
year of imprisonment.
``(ii) Clarifications.--
``(I) Construction.--For purposes 
of this paragraph, whether any activity 
or conviction also may constitute a 
basis for removal is immaterial to a 
determination of asylum eligibility.
``(II) Attempt, conspiracy, or 
solicitation.--For purposes of this 
paragraph, all references to a criminal 
offense or criminal conviction shall be 
deemed to include any attempt, 
conspiracy, or solicitation to commit 
the offense or any other inchoate form 
of the offense.
``(III) Effect of certain orders.--
``(aa) In general.--No 
order vacating a conviction, 
modifying a sentence, 
clarifying a sentence, or 
otherwise altering a conviction 
or sentence shall have any 
effect under this paragraph 
unless the Attorney General or 
Secretary of Homeland Security 
determines that--

``(AA) the court 
issuing the order had 
jurisdiction and 
authority to do so; and

``(BB) the order 
was not entered for 
rehabilitative purposes 
or for purposes of 
ameliorating the 
immigration 
consequences of the 
conviction or sentence.

``(bb) Ameliorating 
immigration consequences.--For 
purposes of item (aa)(BB), the 
order shall be presumed to be 
for the purpose of ameliorating 
immigration consequences if--

``(AA) the order 
was entered after the 
initiation of any 
proceeding to remove 
the alien from the 
United States; or

``(BB) the alien 
moved for the order 
more than one year 
after the date of the 
original order of 
conviction or 
sentencing, whichever 
is later.

``(cc) Authority of 
immigration judge.--An 
immigration judge is not 
limited to consideration only 
of material included in any 
order vacating a conviction, 
modifying a sentence, or 
clarifying a sentence to 
determine whether such order 
should be given any effect 
under this paragraph, but may 
consider such additional 
information as the immigration 
judge determines appropriate.
``(E) Additional limitations.--The Secretary of 
Homeland Security or the Attorney General may by 
regulation establish additional limitations and 
conditions, consistent with this section, under which 
an alien shall be ineligible for asylum under paragraph 
(1).
``(F) No judicial review.--There shall be no 
judicial review of a determination of the Secretary of 
Homeland Security or the Attorney General under 
subparagraph (A)(xiii).''.

SEC. 105. EMPLOYMENT AUTHORIZATION.

Paragraph (2) of section 208(d) of the Immigration and Nationality 
Act (8 U.S.C. 1158(d)) is amended to read as follows:
``(2) Employment authorization.--
``(A) Authorization permitted.--An applicant for 
asylum is not entitled to employment authorization, but 
such authorization may be provided under regulation by 
the Secretary of Homeland Security. An applicant who is 
not otherwise eligible for employment authorization 
shall not be granted such authorization prior to the 
date that is 180 days after the date of filing of the 
application for asylum.
``(B) Termination.--Each grant of employment 
authorization under subparagraph (A), and any renewal 
or extension thereof, shall be valid for a period of 6 
months, except that such authorization, renewal, or 
extension shall terminate prior to the end of such 6 
month period as follows:
``(i) Immediately following the denial of 
an asylum application by an asylum officer, 
unless the case is referred to an immigration 
judge.
``(ii) 30 days after the date on which an 
immigration judge denies an asylum application, 
unless the alien timely appeals to the Board of 
Immigration Appeals.
``(iii) Immediately following the denial by 
the Board of Immigration Appeals of an appeal 
of a denial of an asylum application.
``(C) Renewal.--The Secretary of Homeland Security 
may not grant, renew, or extend employment 
authorization to an alien if the alien was previously 
granted employment authorization under subparagraph 
(A), and the employment authorization was terminated 
pursuant to a circumstance described in subparagraph 
(B)(i), (ii), or (iii), unless a Federal court of 
appeals remands the alien's case to the Board of 
Immigration Appeals.
``(D) Ineligibility.--The Secretary of Homeland 
Security may not grant employment authorization to an 
alien under this paragraph if the alien--
``(i) is ineligible for asylum under 
subsection (b)(2)(A); or
``(ii) entered or attempted to enter the 
United States at a place and time other than 
lawfully through a United States port of 
entry.''.

SEC. 106. ASYLUM FEES.

Paragraph (3) of section 208(d) of the Immigration and Nationality 
Act (8 U.S.C. 1158(d)) is amended to read as follows:
``(3) Fees.--
``(A) Application fee.--A fee of not less than $50 
for each application for asylum shall be imposed. Such 
fee shall not exceed the cost of adjudicating the 
application. Such fee shall not apply to an 
unaccompanied alien child who files an asylum 
application in proceedings under section 240.
``(B) Employment authorization.--A fee may also be 
imposed for the consideration of an application for 
employment authorization under this section and for 
adjustment of status under section 209(b). Such a fee 
shall not exceed the cost of adjudicating the 
application.
``(C) Payment.--Fees under this paragraph may be 
assessed and paid over a period of time or by 
installments.
``(D) Rule of construction.--Nothing in this 
paragraph shall be construed to limit the authority of 
the Attorney General or Secretary of Homeland Security 
to set adjudication and naturalization fees in 
accordance with section 286(m).''.

SEC. 107. RULES FOR DETERMINING ASYLUM ELIGIBILITY.

Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158) 
is amended by adding at the end the following:
``(f) Rules for Determining Asylum Eligibility.--In making a 
determination under subsection (b)(1)(A) with respect to whether an 
alien is a refugee within the meaning of section 101(a)(42)(A), the 
following shall apply:
``(1) Particular social group.--The Secretary of Homeland 
Security or the Attorney General shall not determine that an 
alien is a member of a particular social group unless the alien 
articulates on the record, or provides a basis on the record 
for determining, the definition and boundaries of the alleged 
particular social group, establishes that the particular social 
group exists independently from the alleged persecution, and 
establishes that the alien's claim of membership in a 
particular social group does not involve--
``(A) past or present criminal activity or 
association (including gang membership);
``(B) presence in a country with generalized 
violence or a high crime rate;
``(C) being the subject of a recruitment effort by 
criminal, terrorist, or persecutory groups;
``(D) the targeting of the applicant for criminal 
activity for financial gain based on perceptions of 
wealth or affluence;
``(E) interpersonal disputes of which governmental 
authorities in the relevant society or region were 
unaware or uninvolved;
``(F) private criminal acts of which governmental 
authorities in the relevant society or region were 
unaware or uninvolved;
``(G) past or present terrorist activity or 
association;
``(H) past or present persecutory activity or 
association; or
``(I) status as an alien returning from the United 
States.
``(2) Political opinion.--The Secretary of Homeland 
Security or the Attorney General may not determine that an 
alien holds a political opinion with respect to which the alien 
is subject to persecution if the political opinion is 
constituted solely by generalized disapproval of, disagreement 
with, or opposition to criminal, terrorist, gang, guerilla, or 
other non-state organizations and does not include expressive 
behavior in furtherance of a cause against such organizations 
related to efforts by the State to control such organizations 
or behavior that is antithetical to or otherwise opposes the 
ruling legal entity of the State or a unit thereof.
``(3) Persecution.--The Secretary of Homeland Security or 
the Attorney General may not determine that an alien has been 
subject to persecution or has a well-founded fear of 
persecution based only on--
``(A) the existence of laws or government policies 
that are unenforced or infrequently enforced, unless 
there is credible evidence that such a law or policy 
has been or would be applied to the applicant 
personally; or
``(B) the conduct of rogue foreign government 
officials acting outside the scope of their official 
capacity.
``(4) Discretionary determination.--
``(A) Adverse discretionary factors.--The Secretary 
of Homeland Security or the Attorney General may only 
grant asylum to an alien if the alien establishes that 
he or she warrants a favorable exercise of discretion. 
In making such a determination, the Attorney General or 
Secretary of Homeland Security shall consider, if 
applicable, an alien's use of fraudulent documents to 
enter the United States, unless the alien arrived in 
the United States by air, sea, or land directly from 
the applicant's home country without transiting through 
any other country.
``(B) Favorable exercise of discretion not 
permitted.--Except as provided in subparagraph (C), the 
Attorney General or Secretary of Homeland Security 
shall not favorably exercise discretion under this 
section for any alien who--
``(i) has accrued more than one year of 
unlawful presence in the United States, as 
defined in sections 212(a)(9)(B)(ii) and (iii), 
prior to filing an application for asylum;
``(ii) at the time the asylum application 
is filed with the immigration court or is 
referred from the Department of Homeland 
Security, has--
``(I) failed to timely file (or 
timely file a request for an extension 
of time to file) any required Federal, 
State, or local income tax returns;
``(II) failed to satisfy any 
outstanding Federal, State, or local 
tax obligations; or
``(III) income that would result in 
tax liability under section 1 of the 
Internal Revenue Code of 1986 and that 
was not reported to the Internal 
Revenue Service;
``(iii) has had two or more prior asylum 
applications denied for any reason;
``(iv) has withdrawn a prior asylum 
application with prejudice or been found to 
have abandoned a prior asylum application;
``(v) failed to attend an interview 
regarding his or her asylum application with 
the Department of Homeland Security, unless the 
alien shows by a preponderance of the evidence 
that--
``(I) exceptional circumstances 
prevented the alien from attending the 
interview; or
``(II) the interview notice was not 
mailed to the last address provided by 
the alien or the alien's representative 
and neither the alien nor the alien's 
representative received notice of the 
interview; or
``(vi) was subject to a final order of 
removal, deportation, or exclusion and did not 
file a motion to reopen to seek asylum based on 
changed country conditions within one year of 
the change in country conditions.
``(C) Exceptions.--If one or more of the adverse 
discretionary factors set forth in subparagraph (B) are 
present, the Attorney General or the Secretary, may, 
notwithstanding such subparagraph (B), favorably 
exercise discretion under section 208--
``(i) in extraordinary circumstances, such 
as those involving national security or foreign 
policy considerations; or
``(ii) if the alien, by clear and 
convincing evidence, demonstrates that the 
denial of the application for asylum would 
result in exceptional and extremely unusual 
hardship to the alien.
``(5) Limitation.--If the Secretary or the Attorney General 
determines that an alien fails to satisfy the requirement under 
paragraph (1), the alien may not be granted asylum based on 
membership in a particular social group, and may not appeal the 
determination of the Secretary or Attorney General, as 
applicable. A determination under this paragraph shall not 
serve as the basis for any motion to reopen or reconsider an 
application for asylum or withholding of removal for any 
reason, including a claim of ineffective assistance of counsel, 
unless the alien complies with the procedural requirements for 
such a motion and demonstrates that counsel's failure to 
define, or provide a basis for defining, a formulation of a 
particular social group was both not a strategic choice and 
constituted egregious conduct.
``(6) Stereotypes.--Evidence offered in support of an 
application for asylum that promotes cultural stereotypes about 
a country, its inhabitants, or an alleged persecutor, including 
stereotypes based on race, religion, nationality, or gender, 
shall not be admissible in adjudicating that application, 
except that evidence that an alleged persecutor holds 
stereotypical views of the applicant shall be admissible.
``(7) Definitions.--In this section:
``(A) The term `membership in a particular social 
group' means membership in a group that is--
``(i) composed of members who share a 
common immutable characteristic;
``(ii) defined with particularity; and
``(iii) socially distinct within the 
society in question.
``(B) The term `political opinion' means an ideal 
or conviction in support of the furtherance of a 
discrete cause related to political control of a state 
or a unit thereof.
``(C) The term `persecution' means the infliction 
of a severe level of harm constituting an exigent 
threat by the government of a country or by persons or 
an organization that the government was unable or 
unwilling to control. Such term does not include--
``(i) generalized harm or violence that 
arises out of civil, criminal, or military 
strife in a country;
``(ii) all treatment that the United States 
regards as unfair, offensive, unjust, unlawful, 
or unconstitutional;
``(iii) intermittent harassment, including 
brief detentions;
``(iv) threats with no actual effort to 
carry out the threats, except that 
particularized threats of severe harm of an 
immediate and menacing nature made by an 
identified entity may constitute persecution; 
or
``(v) non-severe economic harm or property 
damage.''.

SEC. 108. FIRM RESETTLEMENT.

Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158), 
as amended by this title, is further amended by adding at the end the 
following:
``(g) Firm Resettlement.--In determining whether an alien was 
firmly resettled in another country prior to arriving in the United 
States under subsection (b)(2)(A)(xiv), the following shall apply:
``(1) In general.--An alien shall be considered to have 
firmly resettled in another country if, after the events giving 
rise to the alien's asylum claim--
``(A) the alien resided in a country through which 
the alien transited prior to arriving in or entering 
the United States and--
``(i) received or was eligible for any 
permanent legal immigration status in that 
country;
``(ii) resided in such a country with any 
non-permanent but indefinitely renewable legal 
immigration status (including asylee, refugee, 
or similar status, but excluding status of a 
tourist); or
``(iii) resided in such a country and could 
have applied for and obtained an immigration 
status described in clause (ii);
``(B) the alien physically resided voluntarily, and 
without continuing to suffer persecution or torture, in 
any one country for one year or more after departing 
his country of nationality or last habitual residence 
and prior to arrival in or entry into the United 
States, except for any time spent in Mexico by an alien 
who is not a native or citizen of Mexico solely as a 
direct result of being returned to Mexico pursuant to 
section 235(b)(3) or of being subject to metering; or
``(C) the alien is a citizen of a country other 
than the country in which the alien alleges a fear of 
persecution, or was a citizen of such a country in the 
case of an alien who renounces such citizenship, and 
the alien was present in that country after departing 
his country of nationality or last habitual residence 
and prior to arrival in or entry into the United 
States.
``(2) Burden of proof.--If an immigration judge determines 
that an alien has firmly resettled in another country under 
paragraph (1), the alien shall bear the burden of proving the 
bar does not apply.
``(3) Firm resettlement of parent.--An alien shall be 
presumed to have been firmly resettled in another country if 
the alien's parent was firmly resettled in another country, the 
parent's resettlement occurred before the alien turned 18 years 
of age, and the alien resided with such parent at the time of 
the firm resettlement, unless the alien establishes that he or 
she could not have derived any permanent legal immigration 
status or any non permanent but indefinitely renewable legal 
immigration status (including asylum, refugee, or similar 
status, but excluding status of a tourist) from the alien's 
parent.''.

SEC. 109. 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) In general.--If the Secretary of Homeland 
Security or 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) Criteria.--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 to seek issuance of a 
Notice to Appear in order to pursue 
Cancellation of Removal under section 240A(b); 
or
``(ii) any of the material elements are 
knowingly fabricated.
``(C) Sufficient opportunity to clarify.--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) Withholding of removal not precluded.--For 
purposes of this section, a finding that an alien filed 
a frivolous asylum application shall not preclude the 
alien from seeking withholding of removal under section 
241(b)(3) or protection pursuant to the Convention 
Against Torture.''.

SEC. 110. TECHNICAL AMENDMENTS.

Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158) 
is amended--
(1) in subsection (a)--
(A) in paragraph (2)(D), by inserting ``Secretary 
of Homeland Security or the'' before ``Attorney 
General''; and
(B) in paragraph (3), by inserting ``Secretary of 
Homeland Security or the'' before ``Attorney General'';
(2) in subsection (c)--
(A) in paragraph (1), by striking ``Attorney 
General'' each place such term appears and inserting 
``Secretary of Homeland Security'';
(B) in paragraph (2), in the matter preceding 
subparagraph (A), by inserting ``Secretary of Homeland 
Security or the'' before ``Attorney General''; and
(C) in paragraph (3), by inserting ``Secretary of 
Homeland Security or the'' before ``Attorney General''; 
and
(3) in subsection (d)--
(A) in paragraph (1), by inserting ``Secretary of 
Homeland Security or the'' before ``Attorney General'' 
each place such term appears; and
(B) in paragraph (5)--
(i) in subparagraph (A), by striking 
``Attorney General'' and inserting ``Secretary 
of Homeland Security''; and
(ii) in subparagraph (B), by inserting 
``Secretary of Homeland Security or the'' 
before ``Attorney General''.

SEC. 111. REQUIREMENT FOR PROCEDURES RELATING TO CERTAIN ASYLUM 
APPLICATIONS.

(a) In General.--Not later than 30 days after the date of the 
enactment of this Act, the Attorney General shall establish procedures 
to expedite the adjudication of asylum applications for aliens--
(1) who are subject to removal proceedings under section 
240 of the Immigration and Nationality Act (8 U.S.C. 1229a); 
and
(2) who are nationals of a Western Hemisphere country 
sanctioned by the United States, as described in subsection 
(b), as of January 1, 2023.
(b) Western Hemisphere Country Sanctioned by the United States 
Described.--Subsection (a) shall apply only to an asylum application 
filed by an alien who is a national of a Western Hemisphere country 
subject to sanctions pursuant to--
(1) the Cuban Liberty and Democratic Solidarity (LIBERTAD) 
Act of 1996 (22 U.S.C. 6021 note);
(2) the Reinforcing Nicaragua's Adherence to Conditions for 
Electoral Reform Act of 2021 or the RENACER Act (50 U.S.C. 1701 
note); or
(3) Executive order (Fed. Reg. 12747; declaring a national 
emergency with respect to the situation in Venezuela).
(c) Applicability.--This section shall only apply to an alien who 
files an application for asylum after the date of the enactment of this 
Act.

TITLE II--BORDER SAFETY AND MIGRANT PROTECTION

SEC. 201. INSPECTION OF APPLICANTS FOR ADMISSION.

Section 235 of the Immigration and Nationality Act (8 U.S.C. 1225) 
is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) in clauses (i) and (ii), by 
striking ``section 212(a)(6)(C)'' 
inserting ``subparagraph (A) or (C) of 
section 212(a)(6)''; and
(II) by adding at the end the 
following:
``(iv) Ineligibility for parole.--An alien 
described in clause (i) or (ii) shall not be 
eligible for parole except as expressly 
authorized pursuant to section 212(d)(5), or 
for parole or release pursuant to section 
236(a).''; and
(ii) in subparagraph (B)--
(I) in clause (ii), by striking 
``asylum.'' and inserting ``asylum and 
shall not be released (including 
pursuant to parole or release pursuant 
to section 236(a) but excluding as 
expressly authorized pursuant to 
section 212(d)(5)) other than to be 
removed or returned to a country as 
described in paragraph (3).''; and
(II) in clause (iii)(IV)--
(aa) in the header by 
striking ``DETENTION'' and 
inserting
``DETENTION, RETURN, OR REMOVAL''; and
(bb) by adding at the end 
the following: ``The alien 
shall not be released 
(including pursuant to parole 
or release pursuant to section 
236(a) but excluding as 
expressly authorized pursuant 
to section 212(d)(5)) other 
than to be removed or returned 
to a country as described in 
paragraph (3).'';
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``Subject to 
subparagraphs (B) and (C),'' and 
inserting ``Subject to subparagraph (B) 
and paragraph (3),''; and
(II) by adding at the end the 
following: ``The alien shall not be 
released (including pursuant to parole 
or release pursuant to section 236(a) 
but excluding as expressly authorized 
pursuant to section 212(d)(5)) other 
than to be removed or returned to a 
country as described in paragraph 
(3).''; and
(ii) by striking subparagraph (C);
(C) by redesignating paragraph (3) as paragraph 
(5); and
(D) by inserting after paragraph (2) the following:
``(3) Return to foreign territory contiguous to the united 
states.--
``(A) In general.--The Secretary of Homeland 
Security may return to a foreign territory contiguous 
to the United States any alien arriving on land from 
that territory (whether or not at a designated port of 
entry) pending a proceeding under section 240 or review 
of a determination under subsection 
(b)(1)(B)(iii)(III).
``(B) Mandatory return.--If at any time the 
Secretary of Homeland Security cannot--
``(i) comply with its obligations to detain 
an alien as required under clauses (ii) and 
(iii)(IV) of subsection (b)(1)(B) and 
subsection (b)(2)(A); or
``(ii) remove an alien to a country 
described in section 208(a)(2)(A), the 
Secretary of Homeland Security shall, without 
exception, including pursuant to parole or 
release pursuant to section 236(a) but 
excluding as expressly authorized pursuant to 
section 212(d)(5), return to a foreign 
territory contiguous to the United States any 
alien arriving on land from that territory 
(whether or not at a designated port of entry) 
pending a proceeding under section 240 or 
review of a determination under subsection 
(b)(1)(B)(iii)(III).
``(4) Enforcement by state attorneys general.--The attorney 
general of a State, or other authorized State officer, alleging 
a violation of the detention, return, or removal requirements 
under paragraph (1), (2), or (3) that affects such State or its 
residents, may bring an action against the Secretary of 
Homeland Security on behalf of the residents of the State in an 
appropriate United States district court to obtain appropriate 
injunctive relief.''; and
(2) by adding at the end the following:
``(e) Authority To Prohibit Introduction of Certain Aliens.--If the 
Secretary of Homeland Security determines, in his discretion, that the 
prohibition of the introduction of aliens who are inadmissible under 
subparagraph (A) or (C) of section 212(a)(6) or under section 212(a)(7) 
at an international land or maritime border of the United States is 
necessary to achieve operational control (as defined in section 2 of 
the Secure Fence Act of 2006 (8 U.S.C. 1701 note)) of such border, the 
Secretary may prohibit, in whole or in part, the introduction of such 
aliens at such border for such period of time as the Secretary 
determines is necessary for such purpose.''.

SEC. 202. OPERATIONAL DETENTION FACILITIES.

(a) In General.--Not later than September 30, 2023, the Secretary 
of Homeland Security shall take all necessary actions to reopen or 
restore all U.S. Immigration and Customs Enforcement detention 
facilities that were in operation on January 20, 2021, that 
subsequently closed or with respect to which the use was altered, 
reduced, or discontinued after January 20, 2021. In carrying out the 
requirement under this subsection, the Secretary may use the authority 
under section 103(a)(11) of the Immigration and Nationality Act (U.S.C. 
1103(a)(11)).
(b) Specific Facilities.--The requirement under subsection (a) 
shall include at a minimum, reopening, or restoring, the following 
facilities:
(1) Irwin County Detention Center in Georgia.
(2) C. Carlos Carreiro Immigration Detention Center in 
Bristol County, Massachusetts.
(3) Etowah County Detention Center in Gadsden, Alabama.
(4) Glades County Detention Center in Moore Haven, Florida.
(5) South Texas Family Residential Center.
(c) Exception.--
(1) In general.--Except as provided in paragraphs (2) and 
(3), the Secretary of Homeland Security is authorized to obtain 
equivalent capacity for detention facilities at locations other 
than those listed in subsection (b).
(2) Limitation.--The Secretary may not take action under 
paragraph (1) unless the capacity obtained would result in a 
reduction of time and cost relative to the cost and time 
otherwise required to obtain such capacity.
(3) South texas family residential center.--The exception 
under paragraph (1) shall not apply to the South Texas Family 
Residential Center. The Secretary shall take all necessary 
steps to modify and operate the South Texas Family Residential 
Center in the same manner and capability it was operating on 
January 20, 2021.
(d) Periodic Report.--Not later than 90 days after the date of the 
enactment of this Act, and every 90 days thereafter until September 30, 
2027, the Secretary of Homeland Security shall submit to the 
appropriate congressional committees a detailed plan for and a status 
report on--
(1) compliance with the deadline under subsection (a);
(2) the increase in detention capabilities required by this 
section--
(A) for the 90 day period immediately preceding the 
date such report is submitted; and
(B) for the period beginning on the first day of 
the fiscal year during which the report is submitted, 
and ending on the date such report is submitted;
(3) the number of detention beds that were used and the 
number of available detention beds that were not used during--
(A) the 90 day period immediately preceding the 
date such report is submitted; and
(B) the period beginning on the first day of the 
fiscal year during which the report is submitted, and 
ending on the date such report is submitted;
(4) the number of aliens released due to a lack of 
available detention beds; and
(5) the resources the Department of Homeland Security needs 
in order to comply with the requirements under this section.
(e) Notification.--The Secretary of Homeland Security shall notify 
Congress, and include with such notification a detailed description of 
the resources the Department of Homeland Security needs in order to 
detain all aliens whose detention is mandatory or nondiscretionary 
under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.)--
(1) not later than 5 days after all U.S. Immigration and 
Customs Enforcement detention facilities reach 90 percent of 
capacity;
(2) not later than 5 days after all U.S. Immigration and 
Customs Enforcement detention facilities reach 95 percent of 
capacity; and
(3) not later than 5 days after all U.S. Immigration and 
Customs Enforcement detention facilities reach full capacity.
(f) Appropriate Congressional Committees.--In this section, the 
term ``appropriate congressional committees'' means--
(1) the Committee on the Judiciary of the House of 
Representatives;
(2) the Committee on Appropriations of the House of 
Representatives;
(3) the Committee on the Judiciary of the Senate; and
(4) the Committee on Appropriations of the Senate.

TITLE III--PREVENTING UNCONTROLLED MIGRATION FLOWS IN THE WESTERN 
HEMISPHERE

SEC. 301. UNITED STATES POLICY REGARDING WESTERN HEMISPHERE COOPERATION 
ON IMMIGRATION AND ASYLUM.

It is the policy of the United States to enter into agreements, 
accords, and memoranda of understanding with countries in the Western 
Hemisphere, the purposes of which are to advance the interests of the 
United States by reducing costs associated with illegal immigration and 
to protect the human capital, societal traditions, and economic growth 
of other countries in the Western Hemisphere. It is further the policy 
of the United States to ensure that humanitarian and development 
assistance funding aimed at reducing illegal immigration is not 
expended on programs that have not proven to reduce illegal immigrant 
flows in the aggregate.

SEC. 302. NEGOTIATIONS BY SECRETARY OF STATE.

(a) Authorization To Negotiate.--The Secretary of State shall seek 
to negotiate agreements, accords, and memoranda of understanding 
between the United States, Mexico, Honduras, El Salvador, Guatemala, 
and other countries in the Western Hemisphere with respect to 
cooperation and burden sharing required for effective regional 
immigration enforcement, expediting legal claims by aliens for asylum, 
and the processing, detention, and repatriation of foreign nationals 
seeking to enter the United States unlawfully. Such agreements shall be 
designed to facilitate a regional approach to immigration enforcement 
and shall, at a minimum, provide that--
(1) the Government of Mexico authorize and accept the rapid 
entrance into Mexico of nationals of countries other than 
Mexico who seek asylum in Mexico, and process the asylum claims 
of such nationals inside Mexico, in accordance with both 
domestic law and international treaties and conventions 
governing the processing of asylum claims;
(2) the Government of Mexico authorize and accept both the 
rapid entrance into Mexico of all nationals of countries other 
than Mexico who are ineligible for asylum in Mexico and wish to 
apply for asylum in the United States, whether or not at a port 
of entry, and the continued presence of such nationals in 
Mexico while they wait for the adjudication of their asylum 
claims to conclude in the United States;
(3) the Government of Mexico commit to provide the 
individuals described in paragraphs (1) and (2) with 
appropriate humanitarian protections;
(4) the Government of Honduras, the Government of El 
Salvador, and the Government of Guatemala each authorize and 
accept the entrance into the respective countries of nationals 
of other countries seeking asylum in the applicable such 
country and process such claims in accordance with applicable 
domestic law and international treaties and conventions 
governing the processing of asylum claims;
(5) the Government of the United States commit to work to 
accelerate the adjudication of asylum claims and to conclude 
removal proceedings in the wake of asylum adjudications as 
expeditiously as possible;
(6) the Government of the United States commit to continue 
to assist the governments of countries in the Western 
Hemisphere, such as the Government of Honduras, the Government 
of El Salvador, and the Government of Guatemala, by supporting 
the enhancement of asylum capacity in those countries; and
(7) the Government of the United States commit to 
monitoring developments in hemispheric immigration trends and 
regional asylum capabilities to determine whether additional 
asylum cooperation agreements are warranted.
(b) Notification in Accordance With Casezablocki Act.--The 
Secretary of State shall, in accordance with section 112b of title 1, 
United States Code, promptly inform the relevant congressional 
committees of each agreement entered into pursuant to subsection (a). 
Such notifications shall be submitted not later than 48 hours after 
such agreements are signed.
(c) Alien Defined.--In this section, the term ``alien'' has the 
meaning given such term in section 101 of the Immigration and 
Nationality Act (8 U.S.C. 1101).

SEC. 303. MANDATORY BRIEFINGS ON UNITED STATES EFFORTS TO ADDRESS THE 
BORDER CRISIS.

(a) Briefing Required.--Not later than 90 days after the date of 
the enactment of this Act, and not less frequently than once every 90 
days thereafter until the date described in subsection (b), the 
Secretary of State, or the designee of the Secretary of State, shall 
provide to the appropriate congressional committees an in-person 
briefing on efforts undertaken pursuant to the negotiation authority 
provided by section 302 of this title to monitor, deter, and prevent 
illegal immigration to the United States, including by entering into 
agreements, accords, and memoranda of understanding with foreign 
countries and by using United States foreign assistance to stem the 
root causes of migration in the Western Hemisphere.
(b) Termination of Mandatory Briefing.--The date described in this 
subsection is the date on which the Secretary of State, in consultation 
with the heads of other relevant Federal departments and agencies, 
determines and certifies to the appropriate congressional committees 
that illegal immigration flows have subsided to a manageable rate.
(c) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means the Committee 
on Foreign Affairs of the House of Representatives and the Committee on 
Foreign Relations of the Senate.

TITLE IV--ENSURING UNITED FAMILIES AT THE BORDER

SEC. 401. CLARIFICATION OF STANDARDS FOR FAMILY DETENTION.

(a) In General.--Section 235 of the William Wilberforce Trafficking 
Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) is 
amended by adding at the end the following:
``(j) Construction.--
``(1) In general.--Notwithstanding any other provision of 
law, judicial determination, consent decree, or settlement 
agreement, the detention of any alien child who is not an 
unaccompanied alien child shall be governed by sections 217, 
235, 236, and 241 of the Immigration and Nationality Act (8 
U.S.C. 1187, 1225, 1226, and 1231). There is no presumption 
that an alien child who is not an unaccompanied alien child 
should not be detained.
``(2) Family detention.--The Secretary of Homeland Security 
shall--
``(A) maintain the care and custody of an alien, 
during the period during which the charges described in 
clause (i) are pending, who--
``(i) is charged only with a misdemeanor 
offense under section 275(a) of the Immigration 
and Nationality Act (8 U.S.C. 1325(a)); and
``(ii) entered the United States with the 
alien's child who has not attained 18 years of 
age; and
``(B) detain the alien with the alien's child.''.
(b) Sense of Congress.--It is the sense of Congress that the 
amendments in this section to section of the William Wilberforce 
Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 
1232) are intended to satisfy the requirements of the Settlement 
Agreement in Flores v. Meese, No. 85-4544 (C.D. Cal), as approved by 
the court on January 28, 1997, with respect to its interpretation in 
Flores v. Johnson, 212 F. Supp. 3d 864 (C.D. Cal. 2015), that the 
agreement applies to accompanied minors.
(c) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
all actions that occur before, on, or after such date.
(d) Preemption of State Licensing Requirements.--Notwithstanding 
any other provision of law, judicial determination, consent decree, or 
settlement agreement, no State may require that an immigration 
detention facility used to detain children who have not attained 18 
years of age, or families consisting of one or more of such children 
and the parents or legal guardians of such children, that is located in 
that State, be licensed by the State or any political subdivision 
thereof.

TITLE V--PROTECTION OF CHILDREN

SEC. 501. FINDINGS.

Congress makes the following findings:
(1) Implementation of the provisions of the Trafficking 
Victims Protection Reauthorization Act of 2008 that govern 
unaccompanied alien children has incentivized multiple surges 
of unaccompanied alien children arriving at the southwest 
border in the years since the bill's enactment.
(2) The provisions of the Trafficking Victims Protection 
Reauthorization Act of 2008 that govern unaccompanied alien 
children treat unaccompanied alien children from countries that 
are contiguous to the United States disparately by swiftly 
returning them to their home country absent indications of 
trafficking or a credible fear of return, but allowing for the 
release of unaccompanied alien children from noncontiguous 
countries into the interior of the United States, often to 
those individuals who paid to smuggle them into the country in 
the first place.
(3) The provisions of the Trafficking Victims Protection 
Reauthorization Act of 2008 governing unaccompanied alien 
children have enriched the cartels, who profit hundreds of 
millions of dollars each year by smuggling unaccompanied alien 
children to the southwest border, exploiting and sexually 
abusing many such unaccompanied alien children on the perilous 
journey.
(4) Prior to 2008, the number of unaccompanied alien 
children encountered at the southwest border never exceeded 
1,000 in a single year.
(5) The United States is currently in the midst of the 
worst crisis of unaccompanied alien children in our nation's 
history, with over 350,000 such unaccompanied alien children 
encountered at the southwest border since Joe Biden became 
President.
(6) In 2022, during the Biden Administration, 152,057 
unaccompanied alien children were encountered, the most ever in 
a single year and an over 400 percent increase compared to the 
last full fiscal year of the Trump Administration in which 
33,239 unaccompanied alien children were encountered.
(7) The Biden Administration has lost contact with at least 
85,000 unaccompanied alien children who entered the United 
States since Joe Biden took office.
(8) The Biden Administration dismantled effective 
safeguards put in place by the Trump Administration that 
protected unaccompanied alien children from being abused by 
criminals or exploited for illegal and dangerous child labor.
(9) A recent New York Times investigation found that 
unaccompanied alien children are being exploited in the labor 
market and ``are ending up in some of the most punishing jobs 
in the country.''.
(10) The Times investigation found unaccompanied alien 
children, ``under intense pressure to earn money'' in order to 
``send cash back to their families while often being in debt to 
their sponsors for smuggling fees, rent, and living expenses,'' 
feared ``that they had become trapped in circumstances they 
never could have imagined.''.
(11) The Biden Administration's Department of Health and 
Human Services Secretary Xavier Becerra compared placing 
unaccompanied alien children with sponsors, to widgets in an 
assembly line, stating that, ``If Henry Ford had seen this in 
his plant, he would have never become famous and rich. This is 
not the way you do an assembly line.''.
(12) Department of Health and Human Services employees 
working under Secretary Xavier Becerra's leadership penned a 
July 2021 memorandum expressing serious concern that ``labor 
trafficking was increasing'' and that the agency had become 
``one that rewards individuals for making quick releases, and 
not one that rewards individuals for preventing unsafe 
releases.''.
(13) Despite this, Secretary Xavier Becerra pressured then-
Director of the Office of Refugee Resettlement Cindy Huang to 
prioritize releases of unaccompanied alien children over 
ensuring their safety, telling her ``if she could not increase 
the number of discharges he would find someone who could'' and 
then-Director Huang resigned one month later.
(14) In June 2014, the Obama-Biden Administration requested 
legal authority to exercise discretion in returning and 
removing unaccompanied alien children from non-contiguous 
countries back to their home countries.
(15) In August 2014, the House of Representatives passed 
H.R. 5320, which included the Protection of Children Act.
(16) This title ends the disparate policies of the 
Trafficking Victims Protection Reauthorization Act of 2008 by 
ensuring the swift return of all unaccompanied alien children 
to their country of origin if they are not victims of 
trafficking and do not have a fear of return.

SEC. 502. REPATRIATION OF UNACCOMPANIED ALIEN CHILDREN.

(a) In General.--Section 235 of the William Wilberforce Trafficking 
Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) is 
amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) By amending the heading to read as 
follows: ``rules for unaccompanied alien 
children.--''
(ii) in subparagraph (A)--
(I) in the matter preceding clause 
(i), by striking ``who is a national or 
habitual resident of a country that is 
contiguous with the United States'';
(II) in clause (i), by inserting 
``and'' at the end;
(III) in clause (ii), by striking 
``; and'' and inserting a period; and
(IV) by striking clause (iii); and
(iii) in subparagraph (B)--
(I) in the matter preceding clause 
(i), by striking ``(8 U.S.C. 1101 et 
seq.) may--'' and inserting ``(8 U.S.C. 
1101 et seq.)--'';
(II) in clause (i), by inserting 
before ``permit such child to 
withdraw'' the following: ``may''; and
(III) in clause (ii), by inserting 
before ``return such child'' the 
following: ``shall''; and
(B) in paragraph (5)(D)--
(i) in the matter preceding clause (i), by 
striking ``, except for an unaccompanied alien 
child from a contiguous country subject to 
exceptions under subsection (a)(2),'' and 
inserting ``who does not meet the criteria 
listed in paragraph (2)(A)''; and
(ii) in clause (i), by inserting before the 
semicolon at the end the following: ``, which 
shall include a hearing before an immigration 
judge not later than 14 days after being 
screened under paragraph (4)'';
(2) in subsection (b)--
(A) in paragraph (2)--
(i) in subparagraph (A), by inserting 
before the semicolon the following: ``believed 
not to meet the criteria listed in subsection 
(a)(2)(A)''; and
(ii) in subparagraph (B), by inserting 
before the period the following: ``and does not 
meet the criteria listed in subsection 
(a)(2)(A)''; and
(B) in paragraph (3), by striking ``an 
unaccompanied alien child in custody shall'' and all 
that follows, and inserting the following: ``an 
unaccompanied alien child in custody--
``(A) in the case of a child who does not meet the 
criteria listed in subsection (a)(2)(A), shall transfer 
the custody of such child to the Secretary of Health 
and Human Services not later than 30 days after 
determining that such child is an unaccompanied alien 
child who does not meet such criteria; or
``(B) in the case of a child who meets the criteria 
listed in subsection (a)(2)(A), may transfer the 
custody of such child to the Secretary of Health and 
Human Services after determining that such child is an 
unaccompanied alien child who meets such criteria.''; 
and
(3) in subsection (c)--
(A) in paragraph (3), by inserting at the end the 
following:
``(D) Information about individuals with whom 
children are placed.--
``(i) Information to be provided to 
homeland security.--Before placing a child with 
an individual, the Secretary of Health and 
Human Services shall provide to the Secretary 
of Homeland Security, regarding the individual 
with whom the child will be placed, information 
on--
``(I) the name of the individual;
``(II) the social security number 
of the individual;
``(III) the date of birth of the 
individual;
``(IV) the location of the 
individual's residence where the child 
will be placed;
``(V) the immigration status of the 
individual, if known; and
``(VI) contact information for the 
individual.
``(ii) Activities of the secretary of 
homeland security.--Not later than 30 days 
after receiving the information listed in 
clause (i), the Secretary of Homeland Security, 
upon determining that an individual with whom a 
child is placed is unlawfully present in the 
United States and not in removal proceedings 
pursuant to chapter 4 of title II of the 
Immigration and Nationality Act (8 U.S.C. 1221 
et seq.), shall initiate such removal 
proceedings.''; and
(B) in paragraph (5)--
(i) by inserting after ``to the greatest 
extent practicable'' the following: ``(at no 
expense to the Government)''; and
(ii) by striking ``have counsel to 
represent them'' and inserting ``have access to 
counsel to represent them''.
(b) Effective Date.--The amendments made by this section shall 
apply to any unaccompanied alien child (as such term is defined in 
section 462(g) of the Homeland Security Act of 2002 (6 U.S.C. 279(g))) 
apprehended on or after the date that is 30 days after the date of the 
enactment of this Act.

SEC. 503. SPECIAL IMMIGRANT JUVENILE STATUS FOR IMMIGRANTS UNABLE TO 
REUNITE WITH EITHER PARENT.

Section 101(a)(27)(J) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(27)(J)) is amended--
(1) in clause (i), by striking ``, and whose reunification 
with 1 or both of the immigrant's parents is not viable due to 
abuse, neglect, abandonment, or a similar basis found under 
State law''; and
(2) in clause (iii)--
(A) in subclause (I), by striking ``and'' at the 
end;
(B) in subclause (II), by inserting ``and'' after 
the semicolon; and
(C) by adding at the end the following:
``(III) an alien may not be granted 
special immigrant status under this 
subparagraph if the alien's 
reunification with any one parent or 
legal guardian is not precluded by 
abuse, neglect, abandonment, or any 
similar cause under State law;''.

SEC. 504. RULE OF CONSTRUCTION.

Nothing in this title shall be construed to limit the following 
procedures or practices relating to an unaccompanied alien child (as 
defined in section 462(g)(2) of the Homeland Security Act of 2002 (6 
U.S.C. 279(g)(2))):
(1) Screening of such a child for a credible fear of return 
to his or her country of origin.
(2) Screening of such a child to determine whether he or 
she was a victim of trafficking.
(3) Department of Health and Human Services policy in 
effect on the date of the enactment of this Act requiring a 
home study for such a child if he or she is under 12 years of 
age.

TITLE VI--VISA OVERSTAYS PENALTIES

SEC. 601. EXPANDED PENALTIES FOR ILLEGAL ENTRY OR PRESENCE.

Section 275 of the Immigration and Nationality Act (8 U.S.C. 1325) 
is amended--
(1) in subsection (a) by inserting after ``for a subsequent 
commission of any such offense'' the following: ``or if the 
alien was previously convicted of an offense under subsection 
(e)(2)(A)'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``at least $50 
and not more than $250'' and inserting ``not less than 
$ and not more than $1,000''; and
(B) in paragraph (2), by inserting after ``in the 
case of an alien who has been previously subject to a 
civil penalty under this subsection'' the following: 
``or subsection (e)(2)(B)''; and
(3) by adding at the end the following:
``(e) Visa Overstays.--
``(1) In general.--An alien who was admitted as a 
nonimmigrant has violated this paragraph if the alien, for an 
aggregate of 10 days or more, has failed--
``(A) to maintain the nonimmigrant status in which 
the alien was admitted, or to which it was changed 
under section 248, including complying with the period 
of stay authorized by the Secretary of Homeland 
Security in connection with such status; or
``(B) to comply otherwise with the conditions of 
such nonimmigrant status.
``(2) Penalties.--An alien who has violated paragraph (1)--
``(A) shall--
``(i) for the first commission of such a 
violation, be fined under title 18, United 
States Code, or imprisoned not more than 6 
months, or both; and
``(ii) for a subsequent commission of such 
a violation, or if the alien was previously 
convicted of an offense under subsection (a), 
be fined under such title 18, or imprisoned not 
more than 2 years, or both; and
``(B) in addition to, and not in lieu of, any 
penalty under subparagraph (A) and any other criminal 
or civil penalties that may be imposed, shall be 
subject to a civil penalty of--
``(i) not less than $500 and not more than 
$1,000 for each violation; or
``(ii) twice the amount specified in clause 
(i), in the case of an alien who has been 
previously subject to a civil penalty under 
this subparagraph or subsection (b).''.

TITLE VII--IMMIGRATION PAROLE REFORM

SEC. 701. IMMIGRATION PAROLE REFORM.

Section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 
1182(d)(5)) is amended to read as follows:
``(5)(A) Except as provided in subparagraphs (B) and (C) 
and section 214(f), the Secretary of Homeland Security, in the 
discretion of the Secretary, may temporarily parole into the 
United States any alien applying for admission to the United 
States who is not present in the United States, under such 
conditions as the Secretary may prescribe, on a case-by-case 
basis, and not according to eligibility criteria describing an 
entire class of potential parole recipients, for urgent 
humanitarian reasons or significant public benefit. Parole 
granted under this subparagraph may not be regarded as an 
admission of the alien. When the purposes of such parole have 
been served in the opinion of the Secretary, the alien shall 
immediately return or be returned to the custody from which the 
alien was paroled. After such return, the case of the alien 
shall be dealt with in the same manner as the case of any other 
applicant for admission to the United States.
``(B) The Secretary of Homeland Security may grant 
parole to any alien who--
``(i) is present in the United States 
without lawful immigration status;
``(ii) is the beneficiary of an approved 
petition under section 203(a);
``(iii) is not otherwise inadmissible or 
removable; and
``(iv) is the spouse or child of a member 
of the Armed Forces serving on active duty.
``(C) The Secretary of Homeland Security may grant 
parole to any alien--
``(i) who is a national of the Republic of 
Cuba and is living in the Republic of Cuba;
``(ii) who is the beneficiary of an 
approved petition under section 203(a);
``(iii) for whom an immigrant visa is not 
immediately available;
``(iv) who meets all eligibility 
requirements for an immigrant visa;
``(v) who is not otherwise inadmissible; 
and
``(vi) who is receiving a grant of parole 
in furtherance of the commitment of the united 
states to the minimum level of annual legal 
migration of cuban nationals to the united 
states specified in the U.S.-Cuba Joint 
Communique on Migration, done at New York 
September 9, 1994, and reaffirmed in the Cuba-
United States: Joint Statement on Normalization 
of Migration, Building on the Agreement of 
September 9, 1994, done at New York May 2, 
1995.
``(D) The Secretary of Homeland Security may grant 
parole to an alien who is returned to a contiguous 
country under section 235(b)(3) to allow the alien to 
attend the alien's immigration hearing. The grant of 
parole shall not exceed the time required for the alien 
to be escorted to, and attend, the alien's immigration 
hearing scheduled on the same calendar day as the 
grant, and to immediately thereafter be escorted back 
to the contiguous country. A grant of parole under this 
subparagraph shall not be considered for purposes of 
determining whether the alien is inadmissible under 
this Act.
``(E) For purposes of determining an alien's 
eligibility for parole under subparagraph (A), an 
urgent humanitarian reason shall be limited to 
circumstances in which the alien establishes that--
``(i)(I) the alien has a medical emergency; 
and
``(II)(aa) the alien cannot obtain 
necessary treatment in the foreign 
state in which the alien is residing; 
or
``(bb) the medical 
emergency is life-threatening 
and there is insufficient time 
for the alien to be admitted to 
the United States through the 
normal visa process;
``(ii) the alien is the parent or legal 
guardian of an alien described in clause (i) 
and the alien described in clause (i) is a 
minor;
``(iii) the alien is needed in the United 
States in order to donate an organ or other 
tissue for transplant and there is insufficient 
time for the alien to be admitted to the United 
States through the normal visa process;
``(iv) the alien has a close family member 
in the United States whose death is imminent 
and the alien could not arrive in the United 
States in time to see such family member alive 
if the alien were to be admitted to the United 
States through the normal visa process;
``(v) the alien is seeking to attend the 
funeral of a close family member and the alien 
could not arrive in the United States in time 
to attend such funeral if the alien were to be 
admitted to the United States through the 
normal visa process;
``(vi) the alien is an adopted child with 
an urgent medical condition who is in the legal 
custody of the petitioner for a final adoption-
related visa and whose medical treatment is 
required before the expected award of a final 
adoption-related visa; or
``(vii) the alien is a lawful applicant for 
adjustment of status under section 245 and is 
returning to the United States after temporary 
travel abroad.
``(F) For purposes of determining an alien's 
eligibility for parole under subparagraph (A), a 
significant public benefit may be determined to result 
from the parole of an alien only if--
``(i) the alien has assisted (or will 
assist, whether knowingly or not) the United 
States Government in a law enforcement matter;
``(ii) the alien's presence is required by 
the Government in furtherance of such law 
enforcement matter; and
``(iii) the alien is inadmissible, does not 
satisfy the eligibility requirements for 
admission as a nonimmigrant, or there is 
insufficient time for the alien to be admitted 
to the United States through the normal visa 
process.
``(G) For purposes of determining an alien's 
eligibility for parole under subparagraph (A), the term 
`case-by-case basis' means that the facts in each 
individual case are considered and parole is not 
granted based on membership in a defined class of 
aliens to be granted parole. The fact that aliens are 
considered for or granted parole one-by-one and not as 
a group is not sufficient to establish that the parole 
decision is made on a case-by-case basis.
``(H) The Secretary of Homeland Security may not 
use the parole authority under this paragraph to parole 
an alien into the United States for any reason or 
purpose other than those described in subparagraphs 
(B), (C), (D), (E), and (F).
``(I) An alien granted parole may not accept 
employment, except that an alien granted parole 
pursuant to subparagraph (B) or (C) is authorized to 
accept employment for the duration of the parole, as 
evidenced by an employment authorization document 
issued by the Secretary of Homeland Security.
``(J) Parole granted after a departure from the 
United States shall not be regarded as an admission of 
the alien. An alien granted parole, whether as an 
initial grant of parole or parole upon reentry into the 
United States, is not eligible to adjust status to 
lawful permanent residence or for any other immigration 
benefit if the immigration status the alien had at the 
time of departure did not authorize the alien to adjust 
status or to be eligible for such benefit.
``(K)(i) Except as provided in clauses (ii) and 
(iii), parole shall be granted to an alien under this 
paragraph for the shorter of--
``(I) a period of sufficient length 
to accomplish the activity described in 
subparagraph (D), (E), or (F) for which 
the alien was granted parole; or
``(II) 1 year.
``(ii) Grants of parole pursuant to 
subparagraph (A) may be extended once, in the 
discretion of the Secretary, for an additional 
period that is the shorter of--
``(I) the period that is necessary 
to accomplish the activity described in 
subparagraph (E) or (F) for which the 
alien was granted parole; or
``(II) 1 year.
``(iii) Aliens who have a pending 
application to adjust status to permanent 
residence under section 245 may request 
extensions of parole under this paragraph, in 
1-year increments, until the application for 
adjustment has been adjudicated. Such parole 
shall terminate immediately upon the denial of 
such adjustment application.
``(L) Not later than 90 days after the last day of 
each fiscal year, the Secretary of Homeland Security 
shall submit to the Committee on the Judiciary of the 
Senate and the Committee on the Judiciary of the House 
of Representatives and make available to the public, a 
report--
``(i) identifying the total number of 
aliens paroled into the United States under 
this paragraph during the previous fiscal year; 
and
``(ii) containing information and data 
regarding all aliens paroled during such fiscal 
year, including--
``(I) the duration of parole;
``(II) the type of parole; and
``(III) the current status of the 
aliens so paroled.''.

SEC. 702. IMPLEMENTATION.

(a) In General.--Except as provided in subsection (b), this title 
and the amendments made by this title shall take effect on the date 
that is 30 days after the date of the enactment of this Act.
(b) Exceptions.--Notwithstanding subsection (a), each of the 
following exceptions apply:
(1) Any application for parole or advance parole filed by 
an alien before the date of the enactment of this Act shall be 
adjudicated under the law that was in effect on the date on 
which the application was properly filed and any approved 
advance parole shall remain valid under the law that was in 
effect on the date on which the advance parole was approved.
(2) Section 212(d)(5)(J) of the Immigration and Nationality 
Act, as added by section 701 of this title, shall take effect 
on the date of the enactment of this Act.
(3) Aliens who were paroled into the United States pursuant 
to section 212(d)(5)(A) of the Immigration and Nationality Act 
(U.S.C. 1182(d)(5)(A)) before January 1, 2023, shall continue 
to be subject to the terms of parole that were in effect on the 
date on which their respective parole was approved.

SEC. 703. CAUSE OF ACTION.

Any person, State, or local government that experiences financial 
harm in excess of $1,000 due to a failure of the Federal Government to 
lawfully apply the provisions of this title or the amendments made by 
this title shall have standing to bring a civil action against the 
Federal Government in an appropriate district court of the United 
States for appropriate relief.

SEC. 704. SEVERABILITY.

If any provision of this title or any amendment by this title, or 
the application of such provision or amendment to any person or 
circumstance, is held to be unconstitutional, the remainder of this 
title and the application of such provision or amendment to any other 
person or circumstance shall not be affected.

TITLE VIII--REPEALING REGULATIONS

SEC. 801. REPEALING REGULATIONS.

The rules relating to ``Temporary Agricultural Employment of H-2A 
Nonimmigrants in the United States'' (87 Fed. Reg. 61660 (Oct. 12, 
2022)) and to ``Adverse Effect Wage Rate Methodology for the Temporary 
Employment of H-2A Nonimmigrants in Non-Range Occupations in the United 
States'' (88 Fed. Reg. 12760 (Feb. 28, 2023)) shall have no force or 
effect, may not be reissued in substantially the same form, and any new 
rules that are substantially the same as such rules may not be issued.
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