#aahth ,,congress #ast ,session ,h4 ,r4 #b ,,an ,,act ,to secure the borders of the ,united ,states1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,secure the ,border ,act of #bjbc4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,division ,a--,border ,security ,sec4 #aja4 ,definitions4 ,sec4 #ajb4 ,border wall construction4 ,sec4 #ajc4 ,strengthening the requirements for barriers along the southern border4 ,sec4 #ajd4 ,border and port security technology investment plan4 ,sec4 #aje4 ,border security technology program management4 ,sec4 #ajf4 ,u4,s4 ,customs and ,border ,protection technology upgrades4 ,sec4 #ajg4 ,u4,s4 ,customs and ,border ,protection personnel4 ,sec4 #ajh4 ,anti-,border ,corruption ,act reauthorization4 ,sec4 #aji4 ,establishment of workload staffing models for ,u4,s4 ,border ,patrol and ,air and ,marine ,operations of ,,cbp4 ,sec4 #aaj4 ,operation ,stonegarden4 ,sec4 #aaa4 ,air and ,marine ,operations flight hours4 ,sec4 #aab4 ,eradication of carrizo cane and salt cedar4 ,sec4 #aac4 ,border patrol strategic plan4 ,sec4 #aad4 ,u4,s4 ,customs and ,border ,protection spiritual readiness4 ,sec4 #aae4 ,restrictions on funding4 ,sec4 #aaf4 ,collection of ,,dna and biometric information at the border4 ,sec4 #aag4 ,eradication of narcotic drugs and formulating effective new tools to address yearly losses of life2 ensuring timely updates to ,u4,s4 ,customs and ,border ,protection field manuals4 ,sec4 #aah4 ,publication by ,u4,s4 ,customs and ,border ,protection of operational statistics4 ,sec4 #aai4 ,alien criminal background checks4 ,sec4 #abj4 ,prohibited identification documents at airport security checkpoints2 notification to immigration agencies4 ,sec4 #aba4 ,prohibition against any ,,covid-#ai vaccine mandate or adverse action against ,,dhs employees4 ,sec4 #abb4 ,,cbp ,one app limitation4 ,sec4 #abc4 ,report on ,mexican drug cartels4 ,sec4 #abd4 ,,gao study on costs incurred by ,states to secure the southwest border4 ,sec4 #abe4 ,report by ,inspector ,general of the ,department of ,homeland ,security4 ,sec4 #abf4 ,offsetting authorizations of appropriations4 ,sec4 #abg4 ,report to ,congress on foreign terrorist organizations4 ,sec4 #abh4 ,assessment by ,inspector ,general of the ,department of ,homeland ,security on the mitigation of unmanned aircraft systems at the southwest border4 ,division ,b--,immigration ,enforcement and ,foreign ,affairs ,title ,i--,asylum ,reform and ,border ,protection ,sec4 #aja4 ,safe third country4 ,sec4 #ajb4 ,credible fear interviews4 ,sec4 #ajc4 ,clarification of asylum eligibility4 ,sec4 #ajd4 ,exceptions4 ,sec4 #aje4 ,employment authorization4 ,sec4 #ajf4 ,asylum fees4 ,sec4 #ajg4 ,rules for determining asylum eligibility4 ,sec4 #ajh4 ,firm resettlement4 ,sec4 #aji4 ,notice concerning frivolous asylum applications4 ,sec4 #aaj4 ,technical amendments4 ,sec4 #aaa4 ,requirement for procedures relating to certain asylum applications4 ,title ,,ii--,border ,safety and ,migrant ,protection ,sec4 #bja4 ,inspection of applicants for admission4 ,sec4 #bjb4 ,operational detention facilities4 ,title ,,iii--,preventing ,uncontrolled ,migration ,flows in the ,western ,hemisphere ,sec4 #cja4 ,united ,states policy regarding ,western ,hemisphere cooperation on immigration and asylum4 ,sec4 #cjb4 ,negotiations by ,secretary of ,state4 ,sec4 #cjc4 ,mandatory briefings on ,united ,states efforts to address the border crisis4 ,title ,,iv--,ensuring ,united ,families at the ,border ,sec4 #dja4 ,clarification of standards for family detention4 ,title ,v--,protection of ,children ,sec4 #eja4 ,findings4 ,sec4 #ejb4 ,repatriation of unaccompanied alien children4 ,sec4 #ejc4 ,special immigrant juvenile status for immigrants unable to reunite with either parent4 ,sec4 #ejd4 ,rule of construction4 ,title ,,vi--,visa ,overstays ,penalties ,sec4 #fja4 ,expanded penalties for illegal entry or presence4 ,title ,,vii--,immigration ,parole ,reform ,sec4 #gja4 ,immigration parole reform4 ,sec4 #gjb4 ,implementation4 ,sec4 #gjc4 ,cause of action4 ,sec4 #gjd4 ,severability4 ,title ,,viii--,legal ,workforce ,sec4 #hja4 ,employment eligibility verification process4 ,sec4 #hjb4 ,employment eligibility verification system4 ,sec4 #hjc4 ,recruitment1 referral1 and continuation of employment4 ,sec4 #hjd4 ,good faith defense4 ,sec4 #hje4 ,preemption and ,states' rights4 ,sec4 #hjf4 ,repeal4 ,sec4 #hjg4 ,penalties4 ,sec4 #hjh4 ,fraud and misuse of documents4 ,sec4 #hji4 ,protection of ,social ,security ,administration programs4 ,sec4 #haj4 ,fraud prevention4 ,sec4 #haa4 ,use of employment eligibility verification photo tool4 ,sec4 #hab4 ,identity authentication employment eligibility verification pilot programs4 ,sec4 #hac4 ,inspector ,general audits4 ,sec4 #had4 ,agriculture workforce study4 ,sec4 #hae4 ,sense of ,congress on further implementation4 ,sec4 #haf4 ,repealing regulations4 ,a ,border ,security #aja4 ,definitions ,in this division3 7#a7 ,,cbp ,the term ,,cbp means ,u4,s4 ,customs and ,border ,protection4 7#b7 ,commissioner ,the term ,commissioner means the ,commissioner of ,u4,s4 ,customs and ,border ,protection4 7#c7 ,department ,the term ,department means the ,department of ,homeland ,security4 7#d7 ,operational control ,the term operational control has the meaning given such term in section #b7;b7 of the ,secure ,fence ,act of #bjjf 7,public ,law #aji-cfg2 #h ,u4,s4,c4 #agja note74 7#e7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4 7#f7 ,situational awareness ,the term situational awareness has the meaning given such term in section #ajib7;a77#g7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjag 7,public ,law #aad-cbh2 #f ,u4,s4,c4 #bbc7;a77#g774 7#g7 ,unmanned aircraft system ,the term unmanned aircraft system has the meaning given such term in section #ddhja of title #di1 ,united ,states ,code4 #ajb4 ,border wall construction 7a7 ,in general 7#a7 ,immediate resumption of border wall construction ,not later than seven days after the date of the enactment of this ,act1 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 #bj1 #bjba4 7#b7 ,use of funds ,to carry out this section1 the ,secretary shall expend all unexpired funds appropriated or explicitly obligated for the construction of the border wall that were appropriated or obligated1 as the case may be1 for use beginning on ,october #a1 #bjai4 7#c7 ,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 7#a74 7b7 ,plan ,to complete tactical infrastructure and technology ,not later than #ij days after the date of the enactment of this ,act and annually thereafter until construction of the border wall has been completed1 the ,secretary shall submit to the appropriate congressional committees an implementation plan1 including annual benchmarks for the construction of #bjj miles of such wall and associated cost estimates for satisfying all requirements of the construction of the border wall1 including installation and deployment of tactical infrastructure1 technology1 and other elements as identified by the ,department prior to ,january #bj1 #bjba1 through the expenditure of funds appropriated or explicitly obligated1 as the case may be1 for use1 as well as any future funds appropriated or otherwise made available by ,congress4 7c7 ,definitions ,in this section3 7#a7 ,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 ,senate4 7#b7 ,tactical infrastructure ,the term tactical infrastructure includes boat ramps1 access gates1 checkpoints1 lighting1 and roads associated with a border wall4 7#c7 ,technology ,the term technology includes border surveillance and detection technology1 including linear ground detection systems1 associated with a border wall4 #ajc4 ,strengthening the requirements for barriers along the southern border ,section #ajb of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7,division ,c of ,public ,law #ajd-bjh2 #h ,u4,s4,c4 #aajc note7 is amended-- 7#a7 by amending subsection 7a7 to read as follows3 7a7 ,in general ,the ,secretary of ,homeland ,security shall take such actions as may be necessary 7including the removal of obstacles to detection of illegal entrants7 to design1 test1 construct1 install1 deploy1 integrate1 and operate physical barriers1 tactical infrastructure1 and technology in the vicinity of the southwest border to achieve situational awareness and operational control of the southwest border and deter1 impede1 and detect unlawful activity4 2 7#b7 in subsection 7b7-- 7,a7 in the subsection heading1 by striking fencing and road improvements and inserting physical barriers2 7,b7 in paragraph 7#a7-- 7i7 in the heading1 by striking fencing and inserting barriers2 7ii7 by amending subparagraph 7,a7 to read as follows3 7,a7 ,reinforced barriers ,in carrying out this section1 the ,secretary of ,homeland ,security shall construct a border wall1 including physical barriers1 tactical infrastructure1 and technology1 along not fewer than #ijj miles of the southwest border until situational awareness and operational control of the southwest border is achieved4 2 7iii7 by amending subparagraph 7,b7 to read as follows3 7,b7 ,physical barriers and tactical infrastructure ,in carrying out this section1 the ,secretary of ,homeland ,security shall deploy along the southwest border the most practical and effective physical barriers1 tactical infrastructure1 and technology available for achieving situational awareness and operational control of the southwest border4 2 7iv7 in subparagraph 7,c7-- 7,i7 by amending clause 7i7 to read as follows3 7i7 ,in general ,in carrying out this section1 the ,secretary of ,homeland ,security shall consult with the ,secretary of the ,interior1 the ,secretary of ,agriculture1 appropriate representatives of ,state1 ,tribal1 and local governments1 and appropriate private property owners in the ,united ,states to minimize the impact on natural resources1 commerce1 and sites of historical or cultural significance for the communities and residents located near the sites at which physical barriers1 tactical infrastructure1 and technology are to be constructed4 ,such consultation may not delay such construction for longer than seven days4 2 and 7,,ii7 in clause 7ii7-- 7aa7 in subclause 7,i71 by striking or after the semicolon at the end2 7bb7 by amending subclause 7,,ii7 to read as follows3 7,,ii7 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 domain1 or to otherwise affect the eminent domain laws of the ,united ,states or of any ,state2 or 2 and 7cc7 by adding at the end the following new subclause3 7,,iii7 create any right or liability for any party4 2 and 7v7 by striking subparagraph 7,d72 7,c7 in paragraph 7#b7-- 7i7 by striking ,attorney ,general and inserting ,secretary of ,homeland ,security2 7ii7 by striking this subsection and inserting this section2 and 7iii7 by striking construction of fences and inserting the construction of physical barriers1 tactical infrastructure1 and technology2 7,d7 by amending paragraph 7#c7 to read as follows3 7#c7 ,agent safety ,in carrying out this section1 the ,secretary of ,homeland ,security1 when designing1 testing1 constructing1 installing1 deploying1 integrating1 and operating physical barriers1 tactical infrastructure1 or technology1 shall incorporate such safety features into such design1 test1 construction1 installation1 deployment1 integration1 or operation of such physical barriers1 tactical infrastructure1 or technology1 as the case may be1 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 barriers1 tactical infrastructure1 or technology4 2 and 7,e7 in paragraph 7#d71 by striking this subsection and inserting this section2 7#c7 in subsection 7c7-- 7,a7 by amending paragraph 7#a7 to read as follows3 7#a7 ,in general ,notwithstanding any other provision of law1 the ,secretary of ,homeland ,security shall waive all legal requirements necessary to ensure the expeditious design1 testing1 construction1 installation1 deployment1 integration1 operation1 and maintenance of the physical barriers1 tactical infrastructure1 and technology under this section4 ,the ,secretary shall ensure the maintenance and effectiveness of such physical barriers1 tactical infrastructure1 or technology4 ,any such action by the ,secretary shall be effective upon publication in the ,federal ,register4 2 7,b7 by redesignating paragraph 7#b7 as paragraph 7#c72 and 7,c7 by inserting after paragraph 7#a7 the following new paragraph3 7#b7 ,notification ,not later than seven days after the date on which the ,secretary of ,homeland ,security exercises a waiver pursuant to paragraph 7#a71 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 waiver4 2 and 7#d7 by adding at the end the following new subsections3 7e7 ,technology ,in carrying out this section1 the ,secretary of ,homeland ,security shall deploy along the southwest border the most practical and effective technology available for achieving situational awareness and operational control4 7f7 ,definitions ,in this section3 7#a7 ,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 vehicles1 humans1 and animals1 and ultimately filter false positives prior to transmission4 7#b7 ,operational control ,the term operational control has the meaning given such term in section #b7;b7 of the ,secure ,fence ,act of #bjjf 7,public ,law #aji-cfg2 #h ,u4,s4,c4 #agja note74 7#c7 ,physical barriers ,the term physical barriers includes reinforced fencing1 the border wall1 and levee walls4 7#d7 ,situational awareness ,the term situational awareness has the meaning given such term in section #ajib7;a77#g7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjag 7,public ,law #aad-cbh2 #f ,u4,s4,c4 #bbc7;a77#g774 7#e7 ,tactical infrastructure ,the term tactical infrastructure includes boat ramps1 access gates1 checkpoints1 lighting1 and roads4 7#f7 ,technology ,the term technology includes border surveillance and detection technology1 including the following3 7,a7 ,tower-based surveillance technology4 7,b7 ,deployable1 lighter-than-air ground surveillance equipment4 7,c7 ,vehicle and ,dismount ,exploitation ,radars 7,,vader74 7,d7 #c-;dimensional1 seismic acoustic detection and ranging border tunneling detection technology4 7,e7 ,advanced unattended surveillance sensors4 7,f7 ,mobile vehicle-mounted and man-portable surveillance capabilities4 7,g7 ,unmanned aircraft systems4 7,h7 ,tunnel detection systems and other seismic technology4 7,i7 ,fiber-optic cable4 7,j7 ,other border detection1 communication1 and surveillance technology4 7#g7 ,unmanned aircraft system ,the term unmanned aircraft system has the meaning given such term in section #ddhja of title #di1 ,united ,states ,code4 4 #ajd4 ,border and port security technology investment plan 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,commissioner1 in consultation with covered officials and border and port security technology stakeholders1 shall submit to the appropriate congressional committees a strategic #e-year technology investment plan 7in this section referred to as the plan74 ,the plan may include a classified annex1 if appropriate4 7b7 ,contents of plan ,the plan shall include the following3 7#a7 ,an analysis of security risks at and between ports of entry along the northern and southern borders of the ,united ,states4 7#b7 ,an identification of capability gaps with respect to security at and between such ports of entry to be mitigated in order to-- 7,a7 prevent terrorists and instruments of terror from entering the ,united ,states2 7,b7 combat and reduce cross-border criminal activity1 including-- 7i7 the transport of illegal goods1 such as illicit drugs2 and 7ii7 human smuggling and human trafficking2 and 7,c7 facilitate the flow of legal trade across the southwest border4 7#c7 ,an analysis of current and forecast trends relating to the number of aliens who-- 7,a7 unlawfully entered the ,united ,states by crossing the northern or southern border of the ,united ,states2 or 7,b7 are unlawfully present in the ,united ,states4 7#d7 ,a description of security-related technology acquisitions1 to be listed in order of priority1 to address the security risks and capability gaps analyzed and identified pursuant to paragraphs 7#a7 and 7#b71 respectively4 7#e7 ,a description of each planned security-related technology program1 including objectives1 goals1 and timelines for each such program4 7#f7 ,an identification of each deployed security-related technology that is at or near the end of the life cycle of such technology4 7#g7 ,a description of the test1 evaluation1 modeling1 and simulation capabilities1 including target methodologies1 rationales1 and timelines1 necessary to support the acquisition of security-related technologies pursuant to paragraph 7#d74 7#h7 ,an identification and assessment of ways to increase opportunities for communication and collaboration with the private sector1 small and disadvantaged businesses1 intragovernment entities1 university centers of excellence1 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 technology4 7#i7 ,an assessment of the management of planned security-related technology programs by the acquisition workforce of ,,cbp4 7#aj7 ,an identification of ways to leverage already-existing acquisition expertise within the ,federal ,government4 7#aa7 ,a description of the security resources1 including information security resources1 required to protect security-related technology from physical or cyber theft1 diversion1 sabotage1 or attack4 7#ab7 ,a description of initiatives to-- 7,a7 streamline the acquisition process of ,,cbp2 and 7,b7 provide to the private sector greater predictability and transparency with respect to such process1 including information relating to the timeline for testing and evaluation of security-related technology4 7#ac7 ,an assessment of the privacy and security impact on border communities of security-related technology4 7#ad7 ,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 ,states1 a strategy to consult with the private sector and community stakeholders affected by such removal4 7#ae7 ,a strategy to consult with the private sector and community stakeholders with respect to security impacts at a port of entry described in paragraph 7#ad74 7#af7 ,an identification of recent technological advancements in the following3 7,a7 ,manned aircraft sensor1 communication1 and common operating picture technology4 7,b7 ,unmanned aerial systems and related technology1 including counter-unmanned aerial system technology4 7,c7 ,surveillance technology1 including the following3 7i7 ,mobile surveillance vehicles4 7ii7 ,associated electronics1 including cameras1 sensor technology1 and radar4 7iii7 ,tower-based surveillance technology4 7iv7 ,advanced unattended surveillance sensors4 7v7 ,deployable1 lighter-than-air1 ground surveillance equipment4 7,d7 ,nonintrusive inspection technology1 including non-x-ray devices utilizing muon tomography and other advanced detection technology4 7,e7 ,tunnel detection technology4 7,f7 ,communications equipment1 including the following3 7i7 ,radios4 7ii7 ,long-term evolution broadband4 7iii7 ,miniature satellites4 7c7 ,leveraging the private sector ,to the extent practicable1 the plan shall-- 7#a7 leverage emerging technological capabilities1 and research and development trends1 within the public and private sectors2 7#b7 incorporate input from the private sector1 including from border and port security stakeholders1 through requests for information1 industry day events1 and other innovative means consistent with the ,federal ,acquisition ,regulation2 and 7#c7 identify security-related technologies that are in development or deployed1 with or without adaptation1 that may satisfy the mission needs of ,,cbp4 7d7 ,form ,to the extent practicable1 the plan shall be published in unclassified form on the website of the ,department4 7e7 ,disclosure ,the plan shall include an identification of individuals not employed by the ,federal ,government1 and their professional affiliations1 who contributed to the development of the plan4 7f7 ,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 7a7 and biennially thereafter for ten years1 the ,commissioner shall submit to the appropriate congressional committees-- 7#a7 an update of the plan1 if appropriate2 and 7#b7 a report that includes-- 7,a7 the extent to which each security-related technology acquired by ,,cbp since the initial submission of the plan or most recent update of the plan1 as the case may be1 is consistent with the planned technology programs and projects described pursuant to subsection 7b77#e72 and 7,b7 the type of contract and the reason for acquiring each such security-related technology4 7g7 ,definitions ,in this section3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,homeland ,security and the ,committee on ,appropriations of the ,house of ,representatives2 and 7,b7 the ,committee on ,homeland ,security and ,governmental ,affairs and the ,committee on ,appropriations of the ,senate4 7#b7 ,covered officials ,the term covered officials means-- 7,a7 the ,under ,secretary for ,management of the ,department2 7,b7 the ,under ,secretary for ,science and ,technology of the ,department2 and 7,c7 the ,chief ,information ,officer of the ,department4 7#c7 ,unlawfully present ,the term unlawfully present has the meaning provided such term in section #bab7;a77#i77;,b77ii7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#i77;,b77ii774 #aje4 ,border security technology program management 7a7 ,in general ,subtitle ,c of title ,,iv of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bca et seq47 is amended by adding at the end the following new section3 #dcg4 ,border security technology program management 7a7 ,major acquisition program defined ,in this section1 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 #ajj1jjj1jjj 7based on fiscal year #bjbc constant dollars7 over its life-cycle cost4 7b7 ,planning documentation ,for each border security technology acquisition program of the ,department that is determined to be a major acquisition program1 the ,secretary shall-- 7#a7 ensure that each such program has a written acquisition program baseline approved by the relevant acquisition decision authority2 7#b7 document that each such program is satisfying cost1 schedule1 and performance thresholds as specified in such baseline1 in compliance with relevant departmental acquisition policies and the ,federal ,acquisition ,regulation2 and 7#c7 have a plan for satisfying program implementation objectives by managing contractor performance4 7c7 ,adherence to standards ,the ,secretary1 acting through the ,under ,secretary for ,management and the ,commissioner of ,u4,s4 ,customs and ,border ,protection1 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 ,states4 ,the ,commissioner shall provide information1 as needed1 to assist the ,under ,secretary in monitoring management of border security technology acquisition programs under this section4 7d7 ,plan ,the ,secretary1 acting through the ,under ,secretary for ,management1 in coordination with the ,under ,secretary for ,science and ,technology and the ,commissioner of ,u4,s4 ,customs and ,border ,protection1 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 testing1 evaluating1 and using independent verification and validation of resources relating to the proposed acquisition of border security technology4 ,under such plan1 the proposed acquisition of new border security technologies shall be evaluated through a series of assessments1 processes1 and audits to ensure-- 7#a7 compliance with relevant departmental acquisition policies and the ,federal ,acquisition ,regulation2 and 7#b7 the effective use of taxpayer dollars4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by inserting after the item relating to section #dcf the following new item3 ,sec4 #dcg4 ,border security technology program management4 4 7c7 ,prohibition on additional authorization of appropriations ,no additional funds are authorized to be appropriated to carry out section #dcg of the ,homeland ,security ,act of #bjjb1 as added by subsection 7a74 #ajf4 ,u4,s4 ,customs and ,border ,protection technology upgrades 7a7 ,secure communications ,the ,commissioner shall ensure that each ,,cbp officer or agent1 as appropriate1 is equipped with a secure radio or other two-way communication device that allows each such officer or agent to communicate-- 7#a7 between ports of entry and inspection stations2 and 7#b7 with other ,federal1 ,state1 ,tribal1 and local law enforcement entities4 7b7 ,border ,security ,deployment ,program 7#a7 ,expansion ,not later than ,september #cj1 #bjbe1 the ,commissioner shall-- 7,a7 fully implement the ,border ,security ,deployment ,program of ,,cbp2 and 7,b7 expand the integrated surveillance and intrusion detection system at land ports of entry along the northern and southern borders of the ,united ,states4 7#b7 ,authorization of appropriations ,in addition to amounts otherwise authorized to be appropriated for such purpose1 there is authorized to be appropriated #cc1jjj1jjj for fiscal years #bjbd and #bjbe to carry out paragraph 7#a74 7c7 ,upgrade of license plate readers at ports of entry 7#a7 ,upgrade ,not later than two years after the date of the enactment of this ,act1 the ,commissioner shall upgrade all existing license plate readers in need of upgrade1 as determined by the ,commissioner1 on the northern and southern borders of the ,united ,states4 7#b7 ,authorization of appropriations ,in addition to amounts otherwise authorized to be appropriated for such purpose1 there is authorized to be appropriated #abe1jjj1jjj for fiscal years #bjbc and #bjbd to carry out paragraph 7#a74 #ajg4 ,u4,s4 ,customs and ,border ,protection personnel 7a7 ,retention bonus ,to carry out this section1 there is authorized to be appropriated up to #ajj1jjj1jjj to the ,commissioner to provide a retention bonus to any front-line ,u4,s4 ,border ,patrol law enforcement agent-- 7#a7 whose position is equal to or below level ,,gs-#ab of the ,general ,schedule2 7#b7 who has five years or more of service with the ,u4,s4 ,border ,patrol2 and 7#c7 who commits to two years of additional service with the ,u4,s4 ,border ,patrol upon acceptance of such bonus4 7b7 ,border ,patrol agents ,not later than ,september #cj1 #bjbe1 the ,commissioner shall hire1 train1 and assign a sufficient number of ,border ,patrol agents to maintain an active duty presence of not fewer than #bb1jjj full-time equivalent ,border ,patrol agents1 who may not perform the duties of processing coordinators4 7c7 ,prohibition against alien travel ,no personnel or equipment of ,air and ,marine ,operations may be used for the transportation of non-detained aliens1 or detained aliens expected to be administratively released upon arrival1 from the southwest border to destinations within the ,united ,states4 7d7 ,,gao report ,if the staffing level required under this section is not achieved by the date associated with such level1 the ,comptroller ,general of the ,united ,states shall-- 7#a7 conduct a review of the reasons why such level was not so achieved2 and 7#b7 not later than ,september #cj1 #bjbg1 publish on a publicly available website of the ,government ,accountability ,office a report relating thereto4 #ajh4 ,anti-,border ,corruption ,act reauthorization 7a7 ,hiring flexibility ,section #c of the ,anti-,border ,corruption ,act of #bjaj 7#f ,u4,s4,c4 #bba2 ,public ,law #aaa-cgf7 is amended by striking subsection 7b7 and inserting the following new subsections3 7b7 ,waiver requirement ,subject to subsection 7c71 the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall waive the application of subsection 7a77#a7-- 7#a7 to a current1 full-time law enforcement officer employed by a ,state or local law enforcement agency who-- 7,a7 has continuously served as a law enforcement officer for not fewer than three years2 7,b7 is authorized by law to engage in or supervise the prevention1 detection1 investigation1 or prosecution of1 or the incarceration of any person for1 any violation of law1 and has statutory powers for arrest or apprehension2 and 7,c7 is not currently under investigation1 has not been found to have engaged in criminal activity or serious misconduct1 has not resigned from a law enforcement officer position under investigation or in lieu of termination1 and has not been dismissed from a law enforcement officer position2 7#b7 to a current1 full-time ,federal law enforcement officer who-- 7,a7 has continuously served as a law enforcement officer for not fewer than three years2 7,b7 is authorized to make arrests1 conduct investigations1 conduct searches1 make seizures1 carry firearms1 and serve orders1 warrants1 and other processes2 7,c7 is not currently under investigation1 has not been found to have engaged in criminal activity or serious misconduct1 has not resigned from a law enforcement officer position under investigation or in lieu of termination1 and has not been dismissed from a law enforcement officer position2 and 7,d7 holds a current ,tier #d background investigation or current ,tier #e background investigation2 or 7#c7 to a member of the ,armed ,forces 7or a reserve component thereof7 or a veteran1 if such individual-- 7,a7 has served in the ,armed ,forces for not fewer than three years2 7,b7 holds1 or has held within the past five years1 a ,secret1 ,top ,secret1 or ,top ,secret_/,sensitive ,compartmented ,information clearance2 7,c7 holds1 or has undergone within the past five years1 a current ,tier #d background investigation or current ,tier #e background investigation2 7,d7 received1 or is eligible to receive1 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 ,justice2 and 7,e7 was not granted any waivers to obtain the clearance referred to in subparagraph 7,b74 7c7 ,termination of waiver requirement2 snap-,back ,the requirement to issue a waiver under subsection 7b7 shall terminate if the ,commissioner of ,u4,s4 ,customs and ,border ,protection 7,,cbp7 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 #ajg of the ,secure the ,border ,act of #bjbc relating to personnel levels4 ,if at any time after such certification personnel levels fall below such requirements1 the ,commissioner shall waive the application of subsection 7a77#a7 until such time as the ,commissioner re-certifies to such ,committees that ,,cbp has so met all such requirements4 4 7b7 ,supplemental ,commissioner authority2 reporting2 definitions ,the ,anti-,border ,corruption ,act of #bjaj is amended by adding at the end the following new sections3 #e4 ,supplemental ,commissioner authority 7a7 ,nonexemption ,an individual who receives a waiver under section #c7;b7 is not exempt from any other hiring requirements relating to suitability for employment and eligibility to hold a national security designated position1 as determined by the ,commissioner of ,u4,s4 ,customs and ,border ,protection4 7b7 ,background investigations ,an individual who receives a waiver under section #c7;b7 who holds a current ,tier #d background investigation shall be subject to a ,tier #e background investigation4 7c7 ,administration of polygraph examination ,the ,commissioner of ,u4,s4 ,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 #c7;b7 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 employment1 as the case may be4 #f4 ,reporting 7a7 ,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 #c7;b7 is in effect1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall submit to ,congress a report that includes1 with respect to each such reporting period1 the following3 7#a7 ,information relating to the number of waivers granted under such section #c7;b74 7#b7 ,information relating to the percentage of applicants who were hired after receiving such a waiver4 7#c7 ,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 polygraph4 7#d7 ,an assessment of the current impact of such waiver authority on filling law enforcement positions at ,u4,s4 ,customs and ,border ,protection4 7#e7 ,an identification of additional authorities needed by ,u4,s4 ,customs and ,border ,protection to better utilize such waiver authority for its intended goals4 7b7 ,additional information ,the first report submitted under subsection 7a7 shall include the following3 7#a7 ,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 employment1 as the case may be4 7#b7 ,a recommendation regarding whether a test referred to in paragraph 7#a7 should be adopted by ,u4,s4 ,customs and ,border ,protection when the polygraph examination requirement is waived pursuant to section #c7;b74 #g4 ,definitions ,in this ,act3 7#a7 ,federal law enforcement officer ,the term ,federal law enforcement officer means a law enforcement officer1 as such term is defined in section #hcca7bj7 or #hdja7ag7 of title #e1 ,united ,states ,code4 7#b7 ,serious military or civil offense ,the term serious military or civil offense means an offense for which-- 7,a7 a member of the ,armed ,forces may be discharged or separated from service in the ,armed ,forces2 and 7,b7 a punitive discharge is1 or would be1 authorized for the same or a closely related offense under the ,manual for ,court-,martial1 as pursuant to ,army ,regulation #fce-bjj1 chapter #ad-ab4 7#c7 ,tier #d2 ,tier #e ,the terms ,tier #d and ,tier #e1 with respect to background investigations1 have the meaning given such terms under the #bjab ,federal ,investigative ,standards4 7#d7 ,veteran ,the term veteran has the meaning given such term in section #aja7b7 of title #ch1 ,united ,states ,code4 4 7c7 ,polygraph examiners ,not later than ,september #cj1 #bjbe1 the ,secretary shall increase to not fewer than #aej the number of trained full-time equivalent polygraph examiners for administering polygraphs under the ,anti-,border ,corruption ,act of #bjaj1 as amended by this section4 #aji4 ,establishment of workload staffing models for ,u4,s4 ,border ,patrol and ,air and ,marine ,operations of ,,cbp 7a7 ,in general ,not later than one year after the date of the enactment of this ,act1 the ,commissioner1 in coordination with the ,under ,secretary for ,management1 the ,chief ,human ,capital ,officer1 and the ,chief ,financial ,officer of the ,department1 shall implement a workload staffing model for each of the following3 7#a7 ,the ,u4,s4 ,border ,patrol4 7#b7 ,air and ,marine ,operations of ,,cbp4 7b7 ,responsibilities of the ,commissioner ,subsection 7c7 of section #daa of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #baa71 is amended-- 7#a7 by redesignating paragraphs 7#ah7 and 7#ai7 as paragraphs 7#bj7 and 7#ba71 respectively2 and 7#b7 by inserting after paragraph 7#ag7 the following new paragraphs3 7#ah7 implement a staffing model for the ,u4,s4 ,border ,patrol1 ,air and ,marine ,operations1 and the ,office of ,field ,operations that includes consideration for essential frontline operator activities and functions1 variations in operating environments1 present and planned infrastructure1 present and planned technology1 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 section2 7#ai7 develop standard operating procedures for a workforce tracking system within the ,u4,s4 ,border ,patrol1 ,air and ,marine ,operations1 and the ,office of ,field ,operations1 train the workforce of each of such entities on the use1 capabilities1 and purpose of such system1 and implement internal controls to ensure timely and accurate scheduling and reporting of actual completed work hours and activities2 4 7c7 ,report 7#a7 ,in general ,not later than one year after the date of the enactment of this ,act with respect to subsection 7a7 and paragraphs 7#ah7 and 7#ai7 of section #daa7;c7 of the ,homeland ,security ,act of #bjjb 7as amended by subsection 7b771 and annually thereafter with respect to such paragraphs 7#ah7 and 7#ai71 the ,secretary shall submit to the appropriate congressional committees a report that includes a status update on the following3 7,a7 ,the implementation of such subsection 7a7 and such paragraphs 7#ah7 and 7#ai74 7,b7 ,each relevant workload staffing model4 7#b7 ,data sources and methodology required ,each report required under paragraph 7#a7 shall include information relating to the data sources and methodology used to generate each relevant staffing model4 7d7 ,inspector ,general review ,not later than #ij days after the ,commissioner develops the workload staffing models pursuant to subsection 7a71 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 ,general1 including the following3 7#a7 ,recommendations from the ,inspector ,general's ,february #bjai audit4 7#b7 ,any further recommendations to improve such models4 7e7 ,appropriate congressional committees defined ,in this section1 the term appropriate congressional committees means-- 7#a7 the ,committee on ,homeland ,security of the ,house of ,representatives2 and 7#b7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate4 #aaj4 ,operation ,stonegarden 7a7 ,in general ,subtitle ,a of title ,,xx of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fja et seq47 is amended by adding at the end the following new section3 #bjaj4 ,operation ,stonegarden 7a7 ,establishment ,there is established in the ,department a program to be known as ,operation ,stonegarden1 under which the ,secretary1 acting through the ,administrator1 shall make grants to eligible law enforcement agencies1 through ,state administrative agencies1 to enhance border security in accordance with this section4 7b7 ,eligible recipients ,to be eligible to receive a grant under this section1 a law enforcement agency shall-- 7#a7 be located in-- 7,a7 a ,state bordering ,canada or ,mexico2 or 7,b7 a ,state or territory with a maritime border2 7#b7 be involved in an active1 ongoing1 ,u4,s4 ,customs and ,border ,protection operation coordinated through a ,u4,s4 ,border ,patrol sector office2 and 7#c7 have an agreement in place with ,u4,s4 ,immigration and ,customs ,enforcement to support enforcement operations4 7c7 ,permitted uses ,a recipient of a grant under this section may use such grant for costs associated with the following3 7#a7 ,equipment1 including maintenance and sustainment4 7#b7 ,personnel1 including overtime and backfill1 in support of enhanced border law enforcement activities4 7#c7 ,any activity permitted for ,operation ,stonegarden under the most recent fiscal year ,department of ,homeland ,security's ,homeland ,security ,grant ,program ,notice of ,funding ,opportunity4 7d7 ,period of performance ,the ,secretary shall award grants under this section to grant recipients for a period of not fewer than #cf months4 7e7 ,notification ,upon denial of a grant to a law enforcement agency1 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 ,senate1 including the reasoning for such denial4 7f7 ,report ,for each of fiscal years #bjbd through #bjbh 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-- 7#a7 information on the expenditure of grants made under this section by each grant recipient2 and 7#b7 recommendations for other uses of such grants to further support eligible law enforcement agencies4 7g7 ,authorization of appropriations ,there is authorized to be appropriated #aaj1jjj1jjj for each of fiscal years #bjbd through #bjbh for grants under this section4 4 7b7 ,conforming amendment ,subsection 7a7 of section #bjjb of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fjc7 is amended to read as follows3 7a7 ,grants authorized ,the ,secretary1 through the ,administrator1 may award grants under sections #bjjc1 #bjjd1 #bjji1 and #bjaj to ,state1 local1 and ,tribal governments1 as appropriate4 4 7c7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by inserting after the item relating to section #bjji the following new item3 ,sec4 #bjaj4 ,operation ,stonegarden4 4 #aaa4 ,air and ,marine ,operations flight hours 7a7 ,air and marine operations flight hours ,not later than #abj days after the date of the enactment of this ,act1 the ,secretary shall ensure that not fewer than #aaj1jjj annual flight hours are carried out by ,air and ,marine ,operations of ,,cbp4 7b7 ,unmanned aircraft systems ,the ,secretary1 after coordination with the ,administrator of the ,federal ,aviation ,administration1 shall ensure that ,air and ,marine ,operations operate unmanned aircraft systems on the southern border of the ,united ,states for not less than #bd hours per day4 7c7 ,primary missions ,the ,commissioner shall ensure the following3 7#a7 ,the primary missions for ,air and ,marine ,operations are to directly support the following3 7,a7 ,u4,s4 ,border ,patrol activities along the borders of the ,united ,states4 7,b7 ,joint ,interagency ,task ,force ,south and ,joint ,task ,force ,east operations in the transit zone4 7#b7 ,the ,executive ,assistant ,commissioner of ,air and ,marine ,operations assigns the greatest priority to support missions specified in paragraph 7#a74 7d7 ,high demand flight hour requirements ,the ,commissioner shall-- 7#a7 ensure that ,u4,s4 ,border ,patrol ,sector ,chiefs identify air support mission-critical hours2 and 7#b7 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 7c77#a77;,a74 7e7 ,contract air support authorizations ,the ,commissioner shall contract for air support mission-critical hours to meet the requests for such hours1 as identified pursuant to subsection 7d74 7f7 ,small unmanned aircraft systems 7#a7 ,in general ,the ,chief of the ,u4,s4 ,border ,patrol shall be the executive agent with respect to the use of small unmanned aircraft by ,,cbp for the purposes of the following3 7,a7 ,meeting the unmet flight hour operational requirements of the ,u4,s4 ,border ,patrol4 7,b7 ,achieving situational awareness and operational control of the borders of the ,united ,states4 7#b7 ,coordination ,in carrying out paragraph 7#a71 the ,chief of the ,u4,s4 ,border ,patrol shall coordinate-- 7,a7 flight operations with the ,administrator of the ,federal ,aviation ,administration to ensure the safe and efficient operation of the national airspace system2 and 7,b7 with the ,executive ,assistant ,commissioner for ,air and ,marine ,operations of ,,cbp to-- 7i7 ensure the safety of other ,,cbp aircraft flying in the vicinity of small unmanned aircraft operated by the ,u4,s4 ,border ,patrol2 and 7ii7 establish a process to include data from flight hours in the calculation of got away statistics4 7#c7 ,conforming amendment ,paragraph 7#c7 of section #daa7;e7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #baa7;e77 is amended-- 7,a7 in subparagraph 7,b71 by striking and after the semicolon at the end2 7,b7 by redesignating subparagraph 7,c7 as subparagraph 7,d72 and 7,c7 by inserting after subparagraph 7,b7 the following new subparagraph3 7,c7 carry out the small unmanned aircraft 7as such term is defined in section #ddhja of title #di1 ,united ,states ,code7 requirements pursuant to subsection 7f7 of section #aaa of the ,secure the ,border ,act of #bjbc2 and 4 7g7 ,savings clause ,nothing in this section may be construed as conferring1 transferring1 or delegating to the ,secretary1 the ,commissioner1 the ,executive ,assistant ,commissioner for ,air and ,marine ,operations of ,,cbp1 or the ,chief of the ,u4,s4 ,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 safety4 7h7 ,definitions ,in this section3 7#a7 ,got away ,the term got away has the meaning given such term in section #ajib7;a77#c7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjag 7,public ,law #aad-cbh2 #f ,u4,s4,c4 #bbc7;a77#c774 7#b7 ,transit zone ,the term transit zone has the meaning given such term in section #ajib7;a77#h7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjag 7,public ,law #aad-cbh2 #f ,u4,s4,c4 #bbc7;a77#h774 #aab4 ,eradication of carrizo cane and salt cedar 7a7 ,in general ,not later than #cj days after the date of the enactment of this ,act1 the ,secretary1 in coordination with the heads of relevant ,federal1 ,state1 and local agencies1 shall hire contractors to begin eradicating the carrizo cane plant and any salt cedar along the ,rio ,grande ,river that impedes border security operations4 ,such eradication shall be completed-- 7#a7 by not later than ,september #cj1 #bjbg1 except for required maintenance2 and 7#b7 in the most expeditious and cost-effective manner possible to maintain clear fields of view4 7b7 ,application ,the waiver authority under subsection 7c7 of section #ajb of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #aajc note71 as amended by section #ajc of this division1 shall apply to activities carried out pursuant to subsection 7a74 7c7 ,report ,not later than #ahj days after the date of the enactment of this ,act1 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 #cj1 #bjbg4 7d7 ,authorization of appropriations ,there is authorized to be appropriated #g1jjj1jjj for each of fiscal years #bjbd through #bjbh to the ,secretary to carry out this subsection4 #aac4 ,border patrol strategic plan 7a7 ,in general ,not later than one year after the date of the enactment of this ,act and biennially thereafter1 the ,commissioner1 acting through the ,chief of the ,u4,s4 ,border ,patrol1 shall issue a ,border ,patrol ,strategic ,plan 7referred to in this section as the plan7 to enhance the security of the borders of the ,united ,states4 7b7 ,elements ,the plan shall include the following3 7#a7 ,a consideration of ,border ,patrol ,capability ,gap ,analysis reporting1 ,border ,security ,improvement ,plans1 and any other strategic document authored by the ,u4,s4 ,border ,patrol to address security gaps between ports of entry1 including efforts to mitigate threats identified in such analyses1 plans1 and documents4 7#b7 ,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 agencies4 7#c7 ,information relating to efforts by ,u4,s4 ,border ,patrol to-- 7,a7 increase situational awareness1 including-- 7i7 surveillance capabilities1 such as capabilities developed or utilized by the ,department of ,defense1 and any appropriate technology determined to be excess by the ,department of ,defense2 and 7ii7 the use of manned aircraft and unmanned aircraft2 7,b7 detect and prevent terrorists and instruments of terrorism from entering the ,united ,states2 7,c7 detect1 interdict1 and disrupt between ports of entry aliens unlawfully present in the ,united ,states2 7,d7 detect1 interdict1 and disrupt human smuggling1 human trafficking1 drug trafficking1 and other illicit cross-border activity2 7,e7 focus intelligence collection to disrupt transnational criminal organizations outside of the international and maritime borders of the ,united ,states2 and 7,f7 ensure that any new border security technology can be operationally integrated with existing technologies in use by the ,department4 7#d7 ,information relating to initiatives of the ,department with respect to operational coordination1 including any relevant task forces of the ,department4 7#e7 ,information gathered from the lessons learned by the deployments of the ,national ,guard to the southern border of the ,united ,states4 7#f7 ,a description of cooperative agreements relating to information sharing with ,state1 local1 ,tribal1 territorial1 and other ,federal law enforcement agencies that have jurisdiction on the borders of the ,united ,states4 7#g7 ,information relating to border security information received from the following3 7,a7 ,state1 local1 ,tribal1 territorial1 and other ,federal law enforcement agencies that have jurisdiction on the borders of the ,united ,states or in the maritime environment4 7,b7 ,border community stakeholders1 including representatives from the following3 7i7 ,border agricultural and ranching organizations4 7ii7 ,business and civic organizations4 7iii7 ,hospitals and rural clinics within #aej miles of the borders of the ,united ,states4 7iv7 ,victims of crime committed by aliens unlawfully present in the ,united ,states4 7v7 ,victims impacted by drugs1 transnational criminal organizations1 cartels1 gangs1 or other criminal activity4 7vi7 ,farmers1 ranchers1 and property owners along the border4 7vii7 ,other individuals negatively impacted by illegal immigration4 7#h7 ,information relating to the staffing requirements with respect to border security for the ,department4 7#i7 ,a prioritized list of ,department research and development objectives to enhance the security of the borders of the ,united ,states4 7#aj7 ,an assessment of training programs1 including such programs relating to the following3 7,a7 ,identifying and detecting fraudulent documents4 7,b7 ,understanding the scope of ,,cbp enforcement authorities and appropriate use of force policies4 7,c7 ,screening1 identifying1 and addressing vulnerable populations1 such as children and victims of human trafficking4 #aad4 ,u4,s4 ,customs and ,border ,protection spiritual readiness ,not later than one year after the enactment of this ,act and annually thereafter for five years1 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 chaplains1 prayer groups1 houses of worship1 and other spiritual resources for members of ,,cbp who identify as religiously affiliated and have attempted suicide1 have suicidal ideation1 or are at risk of suicide1 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 not4 #aae4 ,restrictions on funding 7a7 ,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 entry4 7b7 ,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 activity1 including unlawful entry1 human trafficking1 human smuggling1 drug trafficking1 and drug smuggling4 7c7 ,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 provide1 or facilitate the provision of1 transportation1 lodging1 or immigration legal services to inadmissible aliens who enter the ,united ,states after the date of the enactment of this ,act4 #aaf4 ,collection of ,,dna and biometric information at the border ,not later than #ad days after the date of the enactment of this ,act1 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 borders4 #aag4 ,eradication of narcotic drugs and formulating effective new tools to address yearly losses of life2 ensuring timely updates to ,u4,s4 ,customs and ,border ,protection field manuals 7a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 and not less frequently than triennially thereafter1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall review and update1 as necessary1 the current policies and manuals of the ,office of ,field ,operations related to inspections at ports of entry1 and the ,u4,s4 ,border ,patrol related to inspections between ports of entry1 to ensure the uniform implementation of inspection practices that will effectively respond to technological and methodological changes designed to disguise unlawful activity1 such as the smuggling of drugs and humans1 along the border4 7b7 ,reporting requirement ,not later than #ij days after each update required under subsection 7a71 the ,commissioner of ,u4,s4 ,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 7a74 #aah4 ,publication by ,u4,s4 ,customs and ,border ,protection of operational statistics 7a7 ,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 ,act1 the ,commissioner of ,u4,s4 ,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 nationalities1 unique alien encounters and nationalities1 gang affiliated apprehensions and nationalities1 drug seizures1 alien encounters included in the terrorist screening database and nationalities1 arrests of criminal aliens or individuals wanted by law enforcement and nationalities1 known got aways1 encounters with deceased aliens1 and all other related or associated statistics recorded by ,u4,s4 ,customs and ,border ,protection during the immediately preceding month4 ,each such publication shall include the following3 7#a7 ,the aggregate such number1 and such number disaggregated by geographic regions1 of such recordings and encounters1 including specifications relating to whether such recordings and encounters were at the southwest1 northern1 or maritime border4 7#b7 ,an identification of the ,office of ,field ,operations field office1 ,u4,s4 ,border ,patrol sector1 or ,air and ,marine ,operations branch making each recording or encounter4 7#c7 ,information relating to whether each recording or encounter of an alien was of a single adult1 an unaccompanied alien child1 or an individual in a family unit4 7#d7 ,information relating to the processing disposition of each alien recording or encounter4 7#e7 ,information relating to the nationality of each alien who is the subject of each recording or encounter4 7#f7 ,the total number of individuals included in the terrorist screening database 7as such term is defined in section #baja of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fba77 who have repeatedly attempted to cross unlawfully into the ,united ,states4 7#g7 ,the total number of individuals included in the terrorist screening database who have been apprehended1 including information relating to whether such individuals were released into the ,united ,states or removed4 7b7 ,exceptions ,if the ,commissioner of ,u4,s4 ,customs and ,border ,protection in any month does not publish the information required under subsection 7a71 or does not publish such information by the date specified in such subsection1 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 thereto1 as the case may be1 by not later than the date that is two business days after the tenth day of such month4 7c7 ,definitions ,in this section3 7#a7 ,alien encounters ,the term alien encounters means aliens apprehended1 determined inadmissible1 or processed for removal by ,u4,s4 ,customs and ,border ,protection4 7#b7 ,got away ,the term got away has the meaning given such term in section #ajib7;a7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjag 7#f ,u4,s4,c4 #bbc7;a774 7#c7 ,terrorist screening database ,the term terrorist screening database has the meaning given such term in section #baja of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fba74 7#d7 ,unaccompanied alien child ,the term unaccompanied alien child has the meaning given such term in section #dfb7;g7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgi7;g774 #aai4 ,alien criminal background checks 7a7 ,in general ,not later than seven days after the date of the enactment of this ,act1 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 aliens4 7b7 ,standards ,the certification required under subsection 7a7 shall also include a determination whether the criminal history databases of a country are accurate1 up to date1 digitized1 searchable1 and otherwise meet the standards of the ,federal ,bureau of ,investigation for criminal history databases maintained by ,state and local governments4 7c7 ,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 7b7 which the ,secretary accessed or sought to access pursuant to this section met the standards described in subsection 7b74 #abj4 ,prohibited identification documents at airport security checkpoints2 notification to immigration agencies 7a7 ,in general ,the ,administrator may not accept as valid proof of identification a prohibited identification document at an airport security checkpoint4 7b7 ,notification to immigration agencies ,if an individual presents a prohibited identification document to an officer of the ,transportation ,security ,administration at an airport security checkpoint1 the ,administrator shall promptly notify the ,director of ,u4,s4 ,immigration and ,customs ,enforcement1 the ,director of ,u4,s4 ,customs and ,border ,protection1 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 agency4 7c7 ,entry into sterile areas 7#a7 ,in general ,except as provided in paragraph 7#b71 if an individual is found to be in violation of any term of release under subsection 7b71 the ,administrator may not permit such individual to enter a sterile area4 7#b7 ,exception ,an individual presenting a prohibited identification document under this section may enter a sterile area if the individual-- 7,a7 is leaving the ,united ,states for the purposes of removal or deportation2 or 7,b7 presents a covered identification document4 7d7 ,collection of biometric information from certain individuals seeking entry into the sterile area of an airport ,beginning not later than #abj days after the date of the enactment of this ,act1 the ,administrator shall collect biometric information from an individual described in subsection 7e7 prior to authorizing such individual to enter into a sterile area4 7e7 ,individual described ,an individual described in this subsection is an individual who-- 7#a7 is seeking entry into the sterile area of an airport2 7#b7 does not present a covered identification document2 and 7#c7 the ,administrator cannot verify is a national of the ,united ,states4 7f7 ,participation in ,,ident ,beginning not later than #abj days after the date of the enactment of this ,act1 the ,administrator1 in coordination with the ,secretary1 shall submit biometric data collected under this section to the ,automated ,biometric ,identification ,system 7,,ident74 7g7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,transportation ,security ,administration4 7#b7 ,biometric information ,the term biometric information means any of the following3 7,a7 ,a fingerprint4 7,b7 ,a palm print4 7,c7 ,a photograph1 including-- 7i7 a photograph of an individual's face for use with facial recognition technology2 and 7ii7 a photograph of any physical or anatomical feature1 such as a scar1 skin mark1 or tattoo4 7,d7 ,a signature4 7,e7 ,a voice print4 7,f7 ,an iris image4 7#c7 ,covered identification document ,the term covered identification document means any of the following1 if the document is valid and unexpired3 7,a7 ,a ,united ,states passport or passport card4 7,b7 ,a biometrically secure card issued by a trusted traveler program of the ,department of ,homeland ,security1 including-- 7i7 ,global ,entry2 7ii7 ,nexus2 7iii7 ,secure ,electronic ,network for ,travelers ,rapid ,inspection 7,,sentri72 and 7iv7 ,free and ,secure ,trade 7,,fast74 7,c7 ,an identification card issued by the ,department of ,defense1 including such a card issued to a dependent4 7,d7 ,any document required for admission to the ,united ,states under section #baa7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaha7;a774 7,e7 ,an enhanced driver's license issued by a ,state4 7,f7 ,a photo identification card issued by a federally recognized ,indian ,tribe4 7,g7 ,a personal identity verification credential issued in accordance with ,homeland ,security ,presidential ,directive #ab4 7,h7 ,a driver's license issued by a province of ,canada4 7,i7 ,a ,secure ,certificate of ,indian ,status issued by the ,government of ,canada4 7,j7 ,a ,transportation ,worker ,identification ,credential4 7,k7 ,a ,merchant ,mariner ,credential issued by the ,coast ,guard4 7,l7 ,a ,veteran ,health ,identification ,card issued by the ,department of ,veterans ,affairs4 7,m7 ,any other document the ,administrator determines1 pursuant to a rule making in accordance with section #eec of title #e1 ,united ,states ,code1 will satisfy the identity verification procedures of the ,transportation ,security ,administration4 7#d7 ,immigration laws ,the term immigration laws has the meaning given that term in section #aja of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja74 7#e7 ,prohibited identification document ,the term prohibited identification document means any of the following 7or any applicable successor form73 7,a7 ,u4,s4 ,immigration and ,customs ,enforcement ,form ,i-#bjj1 ,warrant for ,arrest of ,alien4 7,b7 ,u4,s4 ,immigration and ,customs ,enforcement ,form ,i-#bje1 ,warrant of ,removal_/,deportation4 7,c7 ,u4,s4 ,immigration and ,customs ,enforcement ,form ,i-#bbj;,a1 ,order of ,release on ,recognizance4 7,d7 ,u4,s4 ,immigration and ,customs ,enforcement ,form ,i-#bbj;,b1 ,order of ,supervision4 7,e7 ,department of ,homeland ,security ,form ,i-#hfb1 ,notice to ,appear4 7,f7 ,u4,s4 ,customs and ,border ,protection ,form ,i-#id1 ,arrival_/,departure ,record 7including a print-out of an electronic record74 7,g7 ,department of ,homeland ,security ,form ,i-#che1 ,notice to ,report4 7,h7 ,any document that directs an individual to report to the ,department of ,homeland ,security4 7,i7 ,any ,department of ,homeland ,security work authorization or employment verification document4 7#f7 ,sterile area ,the term sterile area has the meaning given that term in section #aedj4e of title #di1 ,code of ,federal ,regulations1 or any successor regulation4 #aba4 ,prohibition against any ,,covid-#ai vaccine mandate or adverse action against ,,dhs employees 7a7 ,limitation on imposition of new mandate ,the ,secretary may not issue any ,,covid-#ai vaccine mandate unless ,congress expressly authorizes such a mandate4 7b7 ,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-#ai4 7c7 ,report ,not later than #ij days after the date of the enactment of this ,act1 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 following3 7#a7 ,the number of ,department employees who were terminated or resigned due to the ,,covid-#ai vaccine mandate4 7#b7 ,an estimate of the cost to reinstate such employees4 7#c7 ,how the ,department would effectuate reinstatement of such employees4 7d7 ,retention and development of unvaccinated employees ,the ,secretary shall make every effort to retain ,department employees who are not vaccinated against ,,covid-#ai and provide such employees with professional development1 promotion and leadership opportunities1 and consideration equal to that of their peers4 #abb4 ,,cbp ,one app limitation 7a7 ,limitation ,the ,department may use the ,,cbp ,one ,mobile ,application or any other similar program1 application1 internet-based portal1 website1 device1 or initiative only for inspection of perishable cargo4 7b7 ,report ,not later than #fj days after the date of the enactment of this ,act1 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 entry1 how many aliens have scheduled interviews at land ports of entry using ,,cbp ,one1 the nationalities of such aliens1 and the stated final destinations of such aliens within the ,united ,states1 if any4 #abc4 ,report on ,mexican drug cartels ,not later than #fj days after the date of the enactment of this ,act1 ,congress shall commission a report that contains the following3 7#a7 ,a national strategy to address ,mexican drug cartels1 and a determination regarding whether there should be a designation established to address such cartels4 7#b7 ,information relating to actions by such cartels that causes harm to the ,united ,states4 #abd4 ,,gao study on costs incurred by ,states to secure the southwest border 7a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 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 border1 and the feasibility of a program to reimburse such ,states for such costs4 7b7 ,contents ,the study required under subsection 7a7 shall include consideration of the following3 7#a7 ,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 action1 including the termination of the ,migrant ,protection ,protocols and cancellation of border wall construction4 7#b7 ,actions taken by individual ,states along the southwest border to secure their borders1 and the costs associated with such actions4 7#c7 ,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 border4 #abe4 ,report by ,inspector ,general of the ,department of ,homeland ,security 7a7 ,report ,not later than one year after the date of the enactment of this ,act and annually thereafter for five years1 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 border4 ,such report shall include information regarding costs incurred by the following3 7#a7 ,state and local law enforcement to secure the southwest border4 7#b7 ,public school districts to educate students who are aliens unlawfully present in the ,united ,states4 7#c7 ,healthcare providers to provide care to aliens unlawfully present in the ,united ,states who have not paid for such care4 7#d7 ,farmers and ranchers due to migration impacts to their properties4 7b7 ,consultation ,to produce the report required under subsection 7a71 the ,inspector ,general of the ,department of ,homeland ,security shall consult with the individuals and representatives of the entities described in paragraphs 7#a7 through 7#d7 of such subsection4 #abf4 ,offsetting authorizations of appropriations 7a7 ,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 ,security4 7b7 ,management ,directorate ,no funds are authorized to be appropriated for electric vehicles or ,st4 ,elizabeths campus construction for the ,management ,directorate of the ,department of ,homeland ,security4 7c7 ,intelligence1 ,analysis1 and ,situational ,awareness ,there is authorized to be appropriated #baf1jjj1jjj for ,intelligence1 ,analysis1 and ,situational ,awareness of the ,department of ,homeland ,security4 7d7 ,u4,s4 ,customs and ,border ,protection ,no funds are authorized to be appropriated for the ,shelter ,services ,program for ,u4,s4 ,customs and ,border ,protection4 #abg4 ,report to ,congress on foreign terrorist organizations 7a7 ,in general ,not later than #ij days after the date of the enactment of this ,act and annually thereafter for five years1 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 southern1 northern1 or maritime border4 7b7 ,definition ,in this section1 the term foreign terrorist organization means an organization described in section #bai of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahi74 #abh4 ,assessment by ,inspector ,general of the ,department of ,homeland ,security on the mitigation of unmanned aircraft systems at the southwest border ,not later than #ij days after the date of the enactment of this ,act1 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 ,u4,s4 ,customs and ,border ,protection's ability to mitigate unmanned aircraft systems at the southwest border4 ,such assessment shall include information regarding any intervention between ,january #a1 #bjba1 and the date of the enactment of this ,act1 by any ,federal agency affecting in any manner ,u4,s4 ,customs and ,border ,protection's authority to so mitigate such systems4 ,b ,immigration ,enforcement and ,foreign ,affairs ,i ,asylum ,reform and ,border ,protection #aja4 ,safe third country ,section #bjh7;a77#b77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7;a77#b77;,a77 is amended-- 7#a7 by striking if the ,attorney ,general determines and inserting if the ,attorney ,general or the ,secretary of ,homeland ,security determines--2 7#b7 by striking that the alien may be removed and inserting the following3 7i7 that the alien may be removed 2 7#c7 by striking 1 pursuant to a bilateral or multilateral agreement1 to and inserting to2 7#d7 by inserting or the ,secretary1 on a case by case basis1 before finds that2 7#e7 by striking the period at the end and inserting 2 or2 and 7#f7 by adding at the end the following3 7ii7 that the alien entered1 attempted to enter1 or arrived in the ,united ,states after transiting through at least one country outside the alien's country of citizenship1 nationality1 or last lawful habitual residence en route to the ,united ,states1 unless-- 7,i7 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 citizenship1 nationality1 or last lawful habitual residence through which the alien transited en route to the ,united ,states1 and the alien received a final judgment denying the alien protection in each country2 7,,ii7 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 force1 fraud1 or coercion1 or in which the person induced to perform such act was under the age of #ah years2 or in which the trafficking included the recruitment1 harboring1 transportation1 provision1 or obtaining of a person for labor or services through the use of force1 fraud1 or coercion for the purpose of subjection to involuntary servitude1 peonage1 debt bondage1 or slavery1 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 trafficking2 or 7,,iii7 the only countries through which the alien transited en route to the ,united ,states were1 at the time of the transit1 not parties to the #aiea ,united ,nations ,convention relating to the ,status of ,refugees1 the #aifg ,protocol ,relating to the ,status of ,refugees1 or the ,united ,nations ,convention against ,torture and ,other ,cruel1 ,inhuman or ,degrading ,treatment or ,punishment4 4 #ajb4 ,credible fear interviews ,section #bce7;b77#a77;,b77v7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe7;b77#a77;,b77v77 is amended by striking there is a significant possibility and all that follows1 and inserting 1 taking into account the credibility of the statements made by the alien in support of the alien's claim1 as determined pursuant to section #bjh7;b77#a77;,b77iii71 and such other facts as are known to the officer1 the alien more likely than not could establish eligibility for asylum under section #bjh1 and it is more likely than not that the statements made by1 and on behalf of1 the alien in support of the alien's claim are true44 #ajc4 ,clarification of asylum eligibility 7a7 ,in general ,section #bjh7;b77#a77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7;b77#a77;,a77 is amended by inserting after section #aja7;a77#db77;,a7 the following3 7in accordance with the rules set forth in this section71 and is eligible to apply for asylum under subsection 7a74 7b7 ,place of arrival ,section #bjh7;a77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7;a77#a77 is amended-- 7#a7 by striking or who arrives in the ,united ,states 7whether 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 waters712 and 7#b7 by inserting after ,united ,states the following3 and has arrived in the ,united ,states at a port of entry 7including an alien who is brought to the ,united ,states after having been interdicted in international or ,united ,states waters714 #ajd4 ,exceptions ,paragraph 7#b7 of section #bjh7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7;b77#b77 is amended to read as follows3 7#b7 ,exceptions 7,a7 ,in general ,paragraph 7#a7 shall not apply to an alien if the ,secretary of ,homeland ,security or the ,attorney ,general determines that-- 7i7 the alien ordered1 incited1 assisted1 or otherwise participated in the persecution of any person on account of race1 religion1 nationality1 membership in a particular social group1 or political opinion2 7ii7 the alien has been convicted of any felony under ,federal1 ,state1 tribal1 or local law2 7iii7 the alien has been convicted of any misdemeanor offense under ,federal1 ,state1 tribal1 or local law involving-- 7,i7 the unlawful possession or use of an identification document1 authentication feature1 or false identification document 7as those terms and phrases are defined in the jurisdiction where the conviction occurred71 unless the alien can establish that the conviction resulted from circumstances showing that-- 7aa7 the document or feature was presented before boarding a common carrier2 7bb7 the document or feature related to the alien's eligibility to enter the ,united ,states2 7cc7 the alien used the document or feature to depart a country wherein the alien has claimed a fear of persecution2 and 7dd7 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 entry2 7,,ii7 the unlawful receipt of a ,federal public benefit 7as defined in section #dja7;c7 of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afaa7;c7771 from a ,federal entity1 or the unlawful receipt of similar public benefits from a ,state1 tribal1 or local entity2 or 7,,iii7 possession or trafficking of a controlled substance or controlled substance paraphernalia1 as those phrases are defined under the law of the jurisdiction where the conviction occurred1 other than a single offense involving possession for one's own use of #cj grams or less of marijuana 7as marijuana is defined under the law of the jurisdiction where the conviction occurred72 7iv7 the alien has been convicted of an offense arising under paragraph 7#a77;,a7 or 7#b7 of section #bgd7;a71 or under section #bgf2 7v7 the alien has been convicted of a ,federal1 ,state1 tribal1 or local crime that the ,attorney ,general or ,secretary of ,homeland ,security knows1 or has reason to believe1 was committed in support1 promotion1 or furtherance of the activity of a criminal street gang 7as defined under the law of the jurisdiction where the conviction occurred or in section #eba7;a7 of title #ah1 ,united ,states ,code72 7vi7 the alien has been convicted of an offense for driving while intoxicated or impaired1 as those terms are defined under the law of the jurisdiction where the conviction occurred 7including a conviction for driving while under the influence of or impaired by alcohol or drugs71 without regard to whether the conviction is classified as a misdemeanor or felony under ,federal1 ,state1 tribal1 or local law1 in which such intoxicated or impaired driving was a cause of serious bodily injury or death of another person2 7vii7 the alien has been convicted of more than one offense for driving while intoxicated or impaired1 as those terms are defined under the law of the jurisdiction where the conviction occurred 7including a conviction for driving while under the influence of or impaired by alcohol or drugs71 without regard to whether the conviction is classified as a misdemeanor or felony under ,federal1 ,state1 tribal1 or local law2 7viii7 the alien has been convicted of a crime-- 7,i7 that involves conduct amounting to a crime of stalking2 7,,ii7 of child abuse1 child neglect1 or child abandonment2 or 7,,iii7 that involves conduct amounting to a domestic assault or battery offense1 including-- 7aa7 a misdemeanor crime of domestic violence1 as described in section #iba7;a77#cc7 of title #ah1 ,united ,states ,code2 7bb7 a crime of domestic violence1 as described in section #djjjb7;a77#ab7 of the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abbia7;a77#ab772 or 7cc7 any crime based on conduct in which the alien harassed1 coerced1 intimidated1 voluntarily or recklessly used 7or threatened to use7 force or violence against1 or inflicted physical injury or physical pain1 however slight1 upon a person-- 7,,aa7 who is a current or former spouse of the alien2 7,,bb7 with whom the alien shares a child2 7,,cc7 who is cohabitating with1 or who has cohabitated with1 the alien as a spouse2 7,,dd7 who is similarly situated to a spouse of the alien under the domestic or family violence laws of the jurisdiction where the offense occurred2 or 7,,ee7 who is protected from that alien's acts under the domestic or family violence laws of the ,united ,states or of any ,state1 tribal government1 or unit of local government2 7ix7 the alien has engaged in acts of battery or extreme cruelty upon a person and the person-- 7,i7 is a current or former spouse of the alien2 7,,ii7 shares a child with the alien2 7,,iii7 cohabitates or has cohabitated with the alien as a spouse2 7,,iv7 is similarly situated to a spouse of the alien under the domestic or family violence laws of the jurisdiction where the offense occurred2 or 7,v7 is protected from that alien's acts under the domestic or family violence laws of the ,united ,states or of any ,state1 tribal government1 or unit of local government2 7x7 the alien1 having been convicted by a final judgment of a particularly serious crime1 constitutes a danger to the community of the ,united ,states2 7xi7 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 ,states2 7xii7 there are reasonable grounds for regarding the alien as a danger to the security of the ,united ,states2 7xiii7 the alien is described in subclause 7,i71 7,,ii71 7,,iii71 7,,iv71 or 7,,vi7 of section #bab7;a77#c77;,b77i7 or section #bcg7;a77#d77;,b7 7relating to terrorist activity71 unless1 in the case only of an alien inadmissible under subclause 7,,iv7 of section #bab7;a77#c77;,b77i71 the ,secretary of ,homeland ,security or the ,attorney ,general determines1 in the ,secretary's or the ,attorney ,general's discretion1 that there are not reasonable grounds for regarding the alien as a danger to the security of the ,united ,states2 7xiv7 the alien was firmly resettled in another country prior to arriving in the ,united ,states2 or 7xv7 there are reasonable grounds for concluding the alien could avoid persecution by relocating to another part of the alien's country of nationality or1 in the case of an alien having no nationality1 another part of the alien's country of last habitual residence4 7,b7 ,special rules 7i7 ,particularly serious crime2 serious nonpolitical crime outside the ,united ,states 7,i7 ,in general ,for purposes of subparagraph 7,a77x71 the ,attorney ,general or ,secretary of ,homeland ,security1 in their discretion1 may determine that a conviction constitutes a particularly serious crime based on-- 7aa7 the nature of the conviction2 7bb7 the type of sentence imposed2 or 7cc7 the circumstances and underlying facts of the conviction4 7,,ii7 ,determination ,in making a determination under subclause 7,i71 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 conviction4 7,,iii7 ,treatment of felonies ,in making a determination under subclause 7,i71 an alien who has been convicted of a felony 7as defined under this section7 or an aggravated felony 7as defined under section #aja7;a77#dc771 shall be considered to have been convicted of a particularly serious crime4 7,,iv7 ,interpol ,red ,notice ,in making a determination under subparagraph 7,a77xi71 an ,interpol ,red ,notice may constitute reliable evidence that the alien has committed a serious nonpolitical crime outside the ,united ,states4 7ii7 ,crimes and exceptions 7,i7 ,driving while intoxicated or impaired ,a finding under subparagraph 7,a77vi7 does not require the ,attorney ,general or ,secretary of ,homeland ,security to find the first conviction for driving while intoxicated or impaired 7including a conviction for driving while under the influence of or impaired by alcohol or drugs7 as a predicate offense4 ,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 7including a conviction for driving while under the influence of or impaired by alcohol or drugs74 7,,ii7 ,stalking and other crimes ,in making a determination under subparagraph 7,a77viii71 including determining the existence of a domestic relationship between the alien and the victim1 the underlying conduct of the crime may be considered1 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 conviction4 7,,iii7 ,battery or extreme cruelty ,in making a determination under subparagraph 7,a77ix71 the phrase battery or extreme cruelty includes-- 7aa7 any act or threatened act of violence1 including any forceful detention1 which results or threatens to result in physical or mental injury2 7bb7 psychological or sexual abuse or exploitation1 including rape1 molestation1 incest1 or forced prostitution1 shall be considered acts of violence2 and 7cc7 other abusive acts1 including acts that1 in and of themselves1 may not initially appear violent1 but that are a part of an overall pattern of violence4 7,,iv7 ,exception for victims of domestic violence ,an alien who was convicted of an offense described in clause 7viii7 or 7ix7 of subparagraph 7,a7 is not ineligible for asylum on that basis if the alien satisfies the criteria under section #bcg7;a77#g77;,a74 7,c7 ,specific circumstances ,paragraph 7#a7 shall not apply to an alien whose claim is based on-- 7i7 personal animus or retribution1 including personal animus in which the alleged persecutor has not targeted1 or manifested an animus against1 other members of an alleged particular social group in addition to the member who has raised the claim at issue2 7ii7 the applicant's generalized disapproval of1 disagreement with1 or opposition to criminal1 terrorist1 gang1 guerilla1 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 ,state2 7iii7 the applicant's resistance to recruitment or coercion by guerrilla1 criminal1 gang1 terrorist1 or other non-state organizations2 7iv7 the targeting of the applicant for criminal activity for financial gain based on wealth or affluence or perceptions of wealth or affluence2 7v7 the applicant's criminal activity2 or 7vi7 the applicant's perceived1 past or present1 gang affiliation4 7,d7 ,definitions and clarifications 7i7 ,definitions ,for purposes of this paragraph3 7,i7 ,felony ,the term felony means-- 7aa7 any crime defined as a felony by the relevant jurisdiction 7,federal1 ,state1 tribal1 or local7 of conviction2 or 7bb7 any crime punishable by more than one year of imprisonment4 7,,ii7 ,misdemeanor ,the term misdemeanor means-- 7aa7 any crime defined as a misdemeanor by the relevant jurisdiction 7,federal1 ,state1 tribal1 or local7 of conviction2 or 7bb7 any crime not punishable by more than one year of imprisonment4 7ii7 ,clarifications 7,i7 ,construction ,for purposes of this paragraph1 whether any activity or conviction also may constitute a basis for removal is immaterial to a determination of asylum eligibility4 7,,ii7 ,attempt1 conspiracy1 or solicitation ,for purposes of this paragraph1 all references to a criminal offense or criminal conviction shall be deemed to include any attempt1 conspiracy1 or solicitation to commit the offense or any other inchoate form of the offense4 7,,iii7 ,effect of certain orders 7aa7 ,in general ,no order vacating a conviction1 modifying a sentence1 clarifying a sentence1 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-- 7,,aa7 the court issuing the order had jurisdiction and authority to do so2 and 7,,bb7 the order was not entered for rehabilitative purposes or for purposes of ameliorating the immigration consequences of the conviction or sentence4 7bb7 ,ameliorating immigration consequences ,for purposes of item 7aa77,,bb71 the order shall be presumed to be for the purpose of ameliorating immigration consequences if-- 7,,aa7 the order was entered after the initiation of any proceeding to remove the alien from the ,united ,states2 or 7,,bb7 the alien moved for the order more than one year after the date of the original order of conviction or sentencing1 whichever is later4 7cc7 ,authority of immigration judge ,an immigration judge is not limited to consideration only of material included in any order vacating a conviction1 modifying a sentence1 or clarifying a sentence to determine whether such order should be given any effect under this paragraph1 but may consider such additional information as the immigration judge determines appropriate4 7,e7 ,additional limitations ,the ,secretary of ,homeland ,security or the ,attorney ,general may by regulation establish additional limitations and conditions1 consistent with this section1 under which an alien shall be ineligible for asylum under paragraph 7#a74 7,f7 ,no judicial review ,there shall be no judicial review of a determination of the ,secretary of ,homeland ,security or the ,attorney ,general under subparagraph 7,a77xiii74 4 #aje4 ,employment authorization ,paragraph 7#b7 of section #bjh7;d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7;d77 is amended to read as follows3 7#b7 ,employment authorization 7,a7 ,authorization permitted ,an applicant for asylum is not entitled to employment authorization1 but such authorization may be provided under regulation by the ,secretary of ,homeland ,security4 ,an applicant who is not otherwise eligible for employment authorization shall not be granted such authorization prior to the date that is #ahj days after the date of filing of the application for asylum4 7,b7 ,termination ,each grant of employment authorization under subparagraph 7,a71 and any renewal or extension thereof1 shall be valid for a period of #f months1 except that such authorization1 renewal1 or extension shall terminate prior to the end of such #f month period as follows3 7i7 ,immediately following the denial of an asylum application by an asylum officer1 unless the case is referred to an immigration judge4 7ii7 #cj days after the date on which an immigration judge denies an asylum application1 unless the alien timely appeals to the ,board of ,immigration ,appeals4 7iii7 ,immediately following the denial by the ,board of ,immigration ,appeals of an appeal of a denial of an asylum application4 7,c7 ,renewal ,the ,secretary of ,homeland ,security may not grant1 renew1 or extend employment authorization to an alien if the alien was previously granted employment authorization under subparagraph 7,a71 and the employment authorization was terminated pursuant to a circumstance described in subparagraph 7,b77i71 7ii71 or 7iii71 unless a ,federal court of appeals remands the alien's case to the ,board of ,immigration ,appeals4 7,d7 ,ineligibility ,the ,secretary of ,homeland ,security may not grant employment authorization to an alien under this paragraph if the alien-- 7i7 is ineligible for asylum under subsection 7b77#b77;,a72 or 7ii7 entered or attempted to enter the ,united ,states at a place and time other than lawfully through a ,united ,states port of entry4 4 #ajf4 ,asylum fees ,paragraph 7#c7 of section #bjh7;d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7;d77 is amended to read as follows3 7#c7 ,fees 7,a7 ,application fee ,a fee of not less than #ej for each application for asylum shall be imposed4 ,such fee shall not exceed the cost of adjudicating the application4 ,such fee shall not apply to an unaccompanied alien child who files an asylum application in proceedings under section #bdj4 7,b7 ,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 #bji7;b74 ,such a fee shall not exceed the cost of adjudicating the application4 7,c7 ,payment ,fees under this paragraph may be assessed and paid over a period of time or by installments4 7,d7 ,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 #bhf7m74 4 #ajg4 ,rules for determining asylum eligibility ,section #bjh of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7 is amended by adding at the end the following3 7f7 ,rules for determining asylum eligibility ,in making a determination under subsection 7b77#a77;,a7 with respect to whether an alien is a refugee within the meaning of section #aja7;a77#db77;,a71 the following shall apply3 7#a7 ,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 record1 or provides a basis on the record for determining1 the definition and boundaries of the alleged particular social group1 establishes that the particular social group exists independently from the alleged persecution1 and establishes that the alien's claim of membership in a particular social group does not involve-- 7,a7 past or present criminal activity or association 7including gang membership72 7,b7 presence in a country with generalized violence or a high crime rate2 7,c7 being the subject of a recruitment effort by criminal1 terrorist1 or persecutory groups2 7,d7 the targeting of the applicant for criminal activity for financial gain based on perceptions of wealth or affluence2 7,e7 interpersonal disputes of which governmental authorities in the relevant society or region were unaware or uninvolved2 7,f7 private criminal acts of which governmental authorities in the relevant society or region were unaware or uninvolved2 7,g7 past or present terrorist activity or association2 7,h7 past or present persecutory activity or association2 or 7,i7 status as an alien returning from the ,united ,states4 7#b7 ,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 of1 disagreement with1 or opposition to criminal1 terrorist1 gang1 guerilla1 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 thereof4 7#c7 ,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-- 7,a7 the existence of laws or government policies that are unenforced or infrequently enforced1 unless there is credible evidence that such a law or policy has been or would be applied to the applicant personally2 or 7,b7 the conduct of rogue foreign government officials acting outside the scope of their official capacity4 7#d7 ,discretionary determination 7,a7 ,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 discretion4 ,in making such a determination1 the ,attorney ,general or ,secretary of ,homeland ,security shall consider1 if applicable1 an alien's use of fraudulent documents to enter the ,united ,states1 unless the alien arrived in the ,united ,states by air1 sea1 or land directly from the applicant's home country without transiting through any other country4 7,b7 ,favorable exercise of discretion not permitted ,except as provided in subparagraph 7,c71 the ,attorney ,general or ,secretary of ,homeland ,security shall not favorably exercise discretion under this section for any alien who-- 7i7 has accrued more than one year of unlawful presence in the ,united ,states1 as defined in sections #bab7;a77#i77;,b77ii7 and 7iii71 prior to filing an application for asylum2 7ii7 at the time the asylum application is filed with the immigration court or is referred from the ,department of ,homeland ,security1 has-- 7,i7 failed to timely file 7or timely file a request for an extension of time to file7 any required ,federal1 ,state1 or local income tax returns2 7,,ii7 failed to satisfy any outstanding ,federal1 ,state1 or local tax obligations2 or 7,,iii7 income that would result in tax liability under section #a of the ,internal ,revenue ,code of #aihf and that was not reported to the ,internal ,revenue ,service2 7iii7 has had two or more prior asylum applications denied for any reason2 7iv7 has withdrawn a prior asylum application with prejudice or been found to have abandoned a prior asylum application2 7v7 failed to attend an interview regarding his or her asylum application with the ,department of ,homeland ,security1 unless the alien shows by a preponderance of the evidence that-- 7,i7 exceptional circumstances prevented the alien from attending the interview2 or 7,,ii7 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 interview2 or 7vi7 was subject to a final order of removal1 deportation1 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 conditions4 7,c7 ,exceptions ,if one or more of the adverse discretionary factors set forth in subparagraph 7,b7 are present1 the ,attorney ,general or the ,secretary1 may1 notwithstanding such subparagraph 7,b71 favorably exercise discretion under section #bjh-- 7i7 in extraordinary circumstances1 such as those involving national security or foreign policy considerations2 or 7ii7 if the alien1 by clear and convincing evidence1 demonstrates that the denial of the application for asylum would result in exceptional and extremely unusual hardship to the alien4 7#e7 ,limitation ,if the ,secretary or the ,attorney ,general determines that an alien fails to satisfy the requirement under paragraph 7#a71 the alien may not be granted asylum based on membership in a particular social group1 and may not appeal the determination of the ,secretary or ,attorney ,general1 as applicable4 ,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 reason1 including a claim of ineffective assistance of counsel1 unless the alien complies with the procedural requirements for such a motion and demonstrates that counsel's failure to define1 or provide a basis for defining1 a formulation of a particular social group was both not a strategic choice and constituted egregious conduct4 7#f7 ,stereotypes ,evidence offered in support of an application for asylum that promotes cultural stereotypes about a country1 its inhabitants1 or an alleged persecutor1 including stereotypes based on race1 religion1 nationality1 or gender1 shall not be admissible in adjudicating that application1 except that evidence that an alleged persecutor holds stereotypical views of the applicant shall be admissible4 7#g7 ,definitions ,in this section3 7,a7 ,the term membership in a particular social group means membership in a group that is-- 7i7 composed of members who share a common immutable characteristic2 7ii7 defined with particularity2 and 7iii7 socially distinct within the society in question4 7,b7 ,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 thereof4 7,c7 ,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 control4 ,such term does not include-- 7i7 generalized harm or violence that arises out of civil1 criminal1 or military strife in a country2 7ii7 all treatment that the ,united ,states regards as unfair1 offensive1 unjust1 unlawful1 or unconstitutional2 7iii7 intermittent harassment1 including brief detentions2 7iv7 threats with no actual effort to carry out the threats1 except that particularized threats of severe harm of an immediate and menacing nature made by an identified entity may constitute persecution2 or 7v7 non-severe economic harm or property damage4 4 #ajh4 ,firm resettlement ,section #bjh of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh71 as amended by this title1 is further amended by adding at the end the following3 7g7 ,firm resettlement ,in determining whether an alien was firmly resettled in another country prior to arriving in the ,united ,states under subsection 7b77#b77;,a77xiv71 the following shall apply3 7#a7 ,in general ,an alien shall be considered to have firmly resettled in another country if1 after the events giving rise to the alien's asylum claim-- 7,a7 the alien resided in a country through which the alien transited prior to arriving in or entering the ,united ,states and-- 7i7 received or was eligible for any permanent legal immigration status in that country2 7ii7 resided in such a country with any non-permanent but indefinitely renewable legal immigration status 7including asylee1 refugee1 or similar status1 but excluding status of a tourist72 or 7iii7 resided in such a country and could have applied for and obtained an immigration status described in clause 7ii72 7,b7 the alien physically resided voluntarily1 and without continuing to suffer persecution or torture1 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 ,states1 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 #bce7;b77#c7 or of being subject to metering2 or 7,c7 the alien is a citizen of a country other than the country in which the alien alleges a fear of persecution1 or was a citizen of such a country in the case of an alien who renounces such citizenship1 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 ,states4 7#b7 ,burden of proof ,if an immigration judge determines that an alien has firmly resettled in another country under paragraph 7#a71 the alien shall bear the burden of proving the bar does not apply4 7#c7 ,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 country1 the parent's resettlement occurred before the alien turned #ah years of age1 and the alien resided with such parent at the time of the firm resettlement1 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 7including asylum1 refugee1 or similar status1 but excluding status of a tourist7 from the alien's parent4 4 #aji4 ,notice concerning frivolous asylum applications 7a7 ,in general ,section #bjh7;d77#d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7;d77#d77 is amended-- 7#a7 in the matter preceding subparagraph 7,a71 by inserting the ,secretary of ,homeland ,security or before the ,attorney ,general2 7#b7 in subparagraph 7,a71 by striking and of the consequences1 under paragraph 7#f71 of knowingly filing a frivolous application for asylum2 and and inserting a semicolon2 7#c7 in subparagraph 7,b71 by striking the period and inserting 2 and2 and 7#d7 by adding at the end the following3 7,c7 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 application4 4 7b7 ,conforming amendment ,section #bjh7;d77#f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7;d77#f77 is amended by striking ,if the and all that follows and inserting3 7,a7 ,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 7#d77;,c71 the alien shall be permanently ineligible for any benefits under this chapter1 effective as the date of the final determination of such an application4 7,b7 ,criteria ,an application is frivolous if the ,secretary of ,homeland ,security or the ,attorney ,general determines1 consistent with subparagraph 7,c71 that-- 7i7 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 ,states1 to seek employment authorization as an applicant for asylum pursuant to regulations issued pursuant to paragraph 7#b71 or to seek issuance of a ,notice to ,appear in order to pursue ,cancellation of ,removal under section #bdj;,a7b72 or 7ii7 any of the material elements are knowingly fabricated4 7,c7 ,sufficient opportunity to clarify ,in determining that an application is frivolous1 the ,secretary or the ,attorney ,general1 must be satisfied that the applicant1 during the course of the proceedings1 has had sufficient opportunity to clarify any discrepancies or implausible aspects of the claim4 7,d7 ,withholding of removal not precluded ,for purposes of this section1 a finding that an alien filed a frivolous asylum application shall not preclude the alien from seeking withholding of removal under section #bda7;b77#c7 or protection pursuant to the ,convention ,against ,torture4 4 #aaj4 ,technical amendments ,section #bjh of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b77;,d71 by inserting ,secretary of ,homeland ,security or the before ,attorney ,general2 and 7,b7 in paragraph 7#c71 by inserting ,secretary of ,homeland ,security or the before ,attorney ,general2 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a71 by striking ,attorney ,general each place such term appears and inserting ,secretary of ,homeland ,security2 7,b7 in paragraph 7#b71 in the matter preceding subparagraph 7,a71 by inserting ,secretary of ,homeland ,security or the before ,attorney ,general2 and 7,c7 in paragraph 7#c71 by inserting ,secretary of ,homeland ,security or the before ,attorney ,general2 and 7#c7 in subsection 7d7-- 7,a7 in paragraph 7#a71 by inserting ,secretary of ,homeland ,security or the before ,attorney ,general each place such term appears2 and 7,b7 in paragraph 7#e7-- 7i7 in subparagraph 7,a71 by striking ,attorney ,general and inserting ,secretary of ,homeland ,security2 and 7ii7 in subparagraph 7,b71 by inserting ,secretary of ,homeland ,security or the before ,attorney ,general4 #aaa4 ,requirement for procedures relating to certain asylum applications 7a7 ,in general ,not later than #cj days after the date of the enactment of this ,act1 the ,attorney ,general shall establish procedures to expedite the adjudication of asylum applications for aliens-- 7#a7 who are subject to removal proceedings under section #bdj of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a72 and 7#b7 who are nationals of a ,western ,hemisphere country sanctioned by the ,united ,states1 as described in subsection 7b71 as of ,january #a1 #bjbc4 7b7 ,western ,hemisphere country sanctioned by the ,united ,states described ,subsection 7a7 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-- 7#a7 the ,cuban ,liberty and ,democratic ,solidarity 7,,libertad7 ,act of #aiif 7#bb ,u4,s4,c4 #fjba note72 7#b7 the ,reinforcing ,nicaragua's ,adherence to ,conditions for ,electoral ,reform ,act of #bjba or the ,,renacer ,act 7#ej ,u4,s4,c4 #agja note72 or 7#c7 ,executive ,order #acfib 7#hj ,fed4 ,reg4 #abgdg2 declaring a national emergency with respect to the situation in ,venezuela74 7c7 ,applicability ,this section shall only apply to an alien who files an application for asylum after the date of the enactment of this ,act4 ,,ii ,border ,safety and ,migrant ,protection #bja4 ,inspection of applicants for admission ,section #bce of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a7-- 7,i7 in clauses 7i7 and 7ii71 by striking section #bab7;a77#f77;,c7 inserting subparagraph 7,a7 or 7,c7 of section #bab7;a77#f72 and 7,,ii7 by adding at the end the following3 7iv7 ,ineligibility for parole ,an alien described in clause 7i7 or 7ii7 shall not be eligible for parole except as expressly authorized pursuant to section #bab7;d77#e71 or for parole or release pursuant to section #bcf7;a74 2 and 7ii7 in subparagraph 7,b7-- 7,i7 in clause 7ii71 by striking asylum4 and inserting asylum and shall not be released 7including pursuant to parole or release pursuant to section #bcf7;a7 but excluding as expressly authorized pursuant to section #bab7;d77#e77 other than to be removed or returned to a country as described in paragraph 7#c742 and 7,,ii7 in clause 7iii77,,iv7-- 7aa7 in the header by striking detention and inserting detention1 return1 or removal2 and 7bb7 by adding at the end the following3 ,the alien shall not be released 7including pursuant to parole or release pursuant to section #bcf7;a7 but excluding as expressly authorized pursuant to section #bab7;d77#e77 other than to be removed or returned to a country as described in paragraph 7#c742 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a7-- 7,i7 by striking ,subject to subparagraphs 7,b7 and 7,c71 and inserting ,subject to subparagraph 7,b7 and paragraph 7#c712 and 7,,ii7 by adding at the end the following3 ,the alien shall not be released 7including pursuant to parole or release pursuant to section #bcf7;a7 but excluding as expressly authorized pursuant to section #bab7;d77#e77 other than to be removed or returned to a country as described in paragraph 7#c742 and 7ii7 by striking subparagraph 7,c72 7,c7 by redesignating paragraph 7#c7 as paragraph 7#e72 and 7,d7 by inserting after paragraph 7#b7 the following3 7#c7 ,return to foreign territory contiguous to the ,united ,states 7,a7 ,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 7whether or not at a designated port of entry7 pending a proceeding under section #bdj or review of a determination under subsection 7b77#a77;,b77iii77,,iii74 7,b7 ,mandatory return ,if at any time the ,secretary of ,homeland ,security cannot-- 7i7 comply with its obligations to detain an alien as required under clauses 7ii7 and 7iii77,,iv7 of subsection 7b77#a77;,b7 and subsection 7b77#b77;,a72 or 7ii7 remove an alien to a country described in section #bjh7;a77#b77;,a71 the ,secretary of ,homeland ,security shall1 without exception1 including pursuant to parole or release pursuant to section #bcf7;a7 but excluding as expressly authorized pursuant to section #bab7;d77#e71 return to a foreign territory contiguous to the ,united ,states any alien arriving on land from that territory 7whether or not at a designated port of entry7 pending a proceeding under section #bdj or review of a determination under subsection 7b77#a77;,b77iii77,,iii74 7#d7 ,enforcement by state attorneys general ,the attorney general of a ,state1 or other authorized ,state officer1 alleging a violation of the detention1 return1 or removal requirements under paragraph 7#a71 7#b71 or 7#c7 that affects such ,state or its residents1 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 relief4 2 and 7#b7 by adding at the end the following3 7e7 ,authority ,to prohibit introduction of certain aliens ,if the ,secretary of ,homeland ,security determines1 in his discretion1 that the prohibition of the introduction of aliens who are inadmissible under subparagraph 7,a7 or 7,c7 of section #bab7;a77#f7 or under section #bab7;a77#g7 at an international land or maritime border of the ,united ,states is necessary to achieve operational control 7as defined in section #b of the ,secure ,fence ,act of #bjjf 7#h ,u4,s4,c4 #agja note77 of such border1 the ,secretary may prohibit1 in whole or in part1 the introduction of such aliens at such border for such period of time as the ,secretary determines is necessary for such purpose4 4 #bjb4 ,operational detention facilities 7a7 ,in general ,not later than ,september #cj1 #bjbc1 the ,secretary of ,homeland ,security shall take all necessary actions to reopen or restore all ,u4,s4 ,immigration and ,customs ,enforcement detention facilities that were in operation on ,january #bj1 #bjba1 that subsequently closed or with respect to which the use was altered1 reduced1 or discontinued after ,january #bj1 #bjba4 ,in carrying out the requirement under this subsection1 the ,secretary may use the authority under section #ajc7;a77#aa7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aajc7;a77#aa774 7b7 ,specific facilities ,the requirement under subsection 7a7 shall include at a minimum1 reopening1 or restoring1 the following facilities3 7#a7 ,irwin ,county ,detention ,center in ,georgia4 7#b7 ,c4 ,carlos ,carreiro ,immigration ,detention ,center in ,bristol ,county1 ,massachusetts4 7#c7 ,etowah ,county ,detention ,center in ,gadsden1 ,alabama4 7#d7 ,glades ,county ,detention ,center in ,moore ,haven1 ,florida4 7#e7 ,south ,texas ,family ,residential ,center4 7c7 ,exception 7#a7 ,in general ,except as provided in paragraphs 7#b7 and 7#c71 the ,secretary of ,homeland ,security is authorized to obtain equivalent capacity for detention facilities at locations other than those listed in subsection 7b74 7#b7 ,limitation ,the ,secretary may not take action under paragraph 7#a7 unless the capacity obtained would result in a reduction of time and cost relative to the cost and time otherwise required to obtain such capacity4 7#c7 ,south ,texas family residential center ,the exception under paragraph 7#a7 shall not apply to the ,south ,texas ,family ,residential ,center4 ,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 #bj1 #bjba4 7d7 ,periodic report ,not later than #ij days after the date of the enactment of this ,act1 and every #ij days thereafter until ,september #cj1 #bjbg1 the ,secretary of ,homeland ,security shall submit to the appropriate congressional committees a detailed plan for and a status report on-- 7#a7 compliance with the deadline under subsection 7a72 7#b7 the increase in detention capabilities required by this section-- 7,a7 for the #ij day period immediately preceding the date such report is submitted2 and 7,b7 for the period beginning on the first day of the fiscal year during which the report is submitted1 and ending on the date such report is submitted2 7#c7 the number of detention beds that were used and the number of available detention beds that were not used during-- 7,a7 the #ij day period immediately preceding the date such report is submitted2 and 7,b7 the period beginning on the first day of the fiscal year during which the report is submitted1 and ending on the date such report is submitted2 7#d7 the number of aliens released due to a lack of available detention beds2 and 7#e7 the resources the ,department of ,homeland ,security needs in order to comply with the requirements under this section4 7e7 ,notification ,the ,secretary of ,homeland ,security shall notify ,congress1 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 7#h ,u4,s4,c4 #aaja et seq47-- 7#a7 not later than #e days after all ,u4,s4 ,immigration and ,customs ,enforcement detention facilities reach #ij percent of capacity2 7#b7 not later than #e days after all ,u4,s4 ,immigration and ,customs ,enforcement detention facilities reach #ie percent of capacity2 and 7#c7 not later than #e days after all ,u4,s4 ,immigration and ,customs ,enforcement detention facilities reach full capacity4 7f7 ,appropriate congressional committees ,in this section1 the term appropriate congressional committees means-- 7#a7 the ,committee on the ,judiciary of the ,house of ,representatives2 7#b7 the ,committee on ,appropriations of the ,house of ,representatives2 7#c7 the ,committee on the ,judiciary of the ,senate2 and 7#d7 the ,committee on ,appropriations of the ,senate4 ,,iii ,preventing ,uncontrolled ,migration ,flows in the ,western ,hemisphere #cja4 ,united ,states policy regarding ,western ,hemisphere cooperation on immigration and asylum ,it is the policy of the ,united ,states to enter into agreements1 accords1 and memoranda of understanding with countries in the ,western ,hemisphere1 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 capital1 societal traditions1 and economic growth of other countries in the ,western ,hemisphere4 ,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 aggregate4 #cjb4 ,negotiations by ,secretary of ,state 7a7 ,authorization ,to negotiate ,the ,secretary of ,state shall seek to negotiate agreements1 accords1 and memoranda of understanding between the ,united ,states1 ,mexico1 ,honduras1 ,el ,salvador1 ,guatemala1 and other countries in the ,western ,hemisphere with respect to cooperation and burden sharing required for effective regional immigration enforcement1 expediting legal claims by aliens for asylum1 and the processing1 detention1 and repatriation of foreign nationals seeking to enter the ,united ,states unlawfully4 ,such agreements shall be designed to facilitate a regional approach to immigration enforcement and shall1 at a minimum1 provide that-- 7#a7 the ,government of ,mexico authorize and accept the rapid entrance into ,mexico of nationals of countries other than ,mexico who seek asylum in ,mexico1 and process the asylum claims of such nationals inside ,mexico1 in accordance with both domestic law and international treaties and conventions governing the processing of asylum claims2 7#b7 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 ,states1 whether or not at a port of entry1 and the continued presence of such nationals in ,mexico while they wait for the adjudication of their asylum claims to conclude in the ,united ,states2 7#c7 the ,government of ,mexico commit to provide the individuals described in paragraphs 7#a7 and 7#b7 with appropriate humanitarian protections2 7#d7 the ,government of ,honduras1 the ,government of ,el ,salvador1 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 claims2 7#e7 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 possible2 7#f7 the ,government of the ,united ,states commit to continue to assist the governments of countries in the ,western ,hemisphere1 such as the ,government of ,honduras1 the ,government of ,el ,salvador1 and the ,government of ,guatemala1 by supporting the enhancement of asylum capacity in those countries2 and 7#g7 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 warranted4 7b7 ,notification in accordance with ,case-,zablocki ,act ,the ,secretary of ,state shall1 in accordance with section #aab;b of title #a1 ,united ,states ,code1 promptly inform the relevant congressional committees of each agreement entered into pursuant to subsection 7a74 ,such notifications shall be submitted not later than #dh hours after such agreements are signed4 7c7 ,alien defined ,in this section1 the term alien has the meaning given such term in section #aja of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja74 #cjc4 ,mandatory briefings on ,united ,states efforts to address the border crisis 7a7 ,briefing required ,not later than #ij days after the date of the enactment of this ,act1 and not less frequently than once every #ij days thereafter until the date described in subsection 7b71 the ,secretary of ,state1 or the designee of the ,secretary of ,state1 shall provide to the appropriate congressional committees an in-person briefing on efforts undertaken pursuant to the negotiation authority provided by section #cjb of this title to monitor1 deter1 and prevent illegal immigration to the ,united ,states1 including by entering into agreements1 accords1 and memoranda of understanding with foreign countries and by using ,united ,states foreign assistance to stem the root causes of migration in the ,western ,hemisphere4 7b7 ,termination of mandatory briefing ,the date described in this subsection is the date on which the ,secretary of ,state1 in consultation with the heads of other relevant ,federal departments and agencies1 determines and certifies to the appropriate congressional committees that illegal immigration flows have subsided to a manageable rate4 7c7 ,appropriate congressional committees defined ,in this section1 the term appropriate congressional committees means the ,committee on ,foreign ,affairs of the ,house of ,representatives and the ,committee on ,foreign ,relations of the ,senate4 ,,iv ,ensuring ,united ,families at the ,border #dja4 ,clarification of standards for family detention 7a7 ,in general ,section #bce of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7 is amended by adding at the end the following3 7j7 ,construction 7#a7 ,in general ,notwithstanding any other provision of law1 judicial determination1 consent decree1 or settlement agreement1 the detention of any alien child who is not an unaccompanied alien child shall be governed by sections #bag1 #bce1 #bcf1 and #bda of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahg1 #abbe1 #abbf1 and #abca74 ,there is no presumption that an alien child who is not an unaccompanied alien child should not be detained4 7#b7 ,family detention ,the ,secretary of ,homeland ,security shall-- 7,a7 maintain the care and custody of an alien1 during the period during which the charges described in clause 7i7 are pending1 who-- 7i7 is charged only with a misdemeanor offense under section #bge7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbe7;a772 and 7ii7 entered the ,united ,states with the alien's child who has not attained #ah years of age2 and 7,b7 detain the alien with the alien's child4 4 7b7 ,sense of ,congress ,it is the sense of ,congress that the amendments in this section to section #bce of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7 are intended to satisfy the requirements of the ,settlement ,agreement in ,flores v4 ,meese1 ,no4 #he-dedd 7,c4,d4 ,cal71 as approved by the court on ,january #bh1 #aiig1 with respect to its interpretation in ,flores v4 ,johnson1 #bab ,f4 ,supp4 #c;d #hfd 7,c4,d4 ,cal4 #bjae71 that the agreement applies to accompanied minors4 7c7 ,effective date ,the amendment made by subsection 7a7 shall take effect on the date of the enactment of this ,act and shall apply to all actions that occur before1 on1 or after such date4 7d7 ,preemption of ,state licensing requirements ,notwithstanding any other provision of law1 judicial determination1 consent decree1 or settlement agreement1 no ,state may require that an immigration detention facility used to detain children who have not attained #ah years of age1 or families consisting of one or more of such children and the parents or legal guardians of such children1 that is located in that ,state1 be licensed by the ,state or any political subdivision thereof4 ,v ,protection of ,children #eja4 ,findings ,congress makes the following findings3 7#a7 ,implementation of the provisions of the ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 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 enactment4 7#b7 ,the provisions of the ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 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 return1 but allowing for the release of unaccompanied alien children from noncontiguous countries into the interior of the ,united ,states1 often to those individuals who paid to smuggle them into the country in the first place4 7#c7 ,the provisions of the ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh governing unaccompanied alien children have enriched the cartels1 who profit hundreds of millions of dollars each year by smuggling unaccompanied alien children to the southwest border1 exploiting and sexually abusing many such unaccompanied alien children on the perilous journey4 7#d7 ,prior to #bjjh1 the number of unaccompanied alien children encountered at the southwest border never exceeded #a1jjj in a single year4 7#e7 ,the ,united ,states is currently in the midst of the worst crisis of unaccompanied alien children in our nation's history1 with over #cej1jjj such unaccompanied alien children encountered at the southwest border since ,joe ,biden became ,president4 7#f7 ,in #bjbb1 during the ,biden ,administration1 #aeb1jeg unaccompanied alien children were encountered1 the most ever in a single year and an over #djj percent increase compared to the last full fiscal year of the ,trump ,administration in which #cc1bci unaccompanied alien children were encountered4 7#g7 ,the ,biden ,administration has lost contact with at least #he1jjj unaccompanied alien children who entered the ,united ,states since ,joe ,biden took office4 7#h7 ,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 labor4 7#i7 ,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 country44 7#aj7 ,the ,times investigation found unaccompanied alien children1 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 fees1 rent1 and living expenses1 feared that they had become trapped in circumstances they never could have imagined44 7#aa7 ,the ,biden ,administration's ,department of ,health and ,human ,services ,secretary ,xavier ,becerra compared placing unaccompanied alien children with sponsors1 to widgets in an assembly line1 stating that1 ,if ,henry ,ford had seen this in his plant1 he would have never become famous and rich4 ,this is not the way you do an assembly line44 7#ab7 ,department of ,health and ,human ,services employees working under ,secretary ,xavier ,becerra's leadership penned a ,july #bjba memorandum expressing serious concern that labor trafficking was increasing and that the agency had become one that rewards individuals for making quick releases1 and not one that rewards individuals for preventing unsafe releases44 7#ac7 ,despite this1 ,secretary ,xavier ,becerra pressured then-,director of the ,office of ,refugee ,resettlement ,cindy ,huang to prioritize releases of unaccompanied alien children over ensuring their safety1 telling her if she could not increase the number of discharges he would find someone who could and then-,director ,huang resigned one month later4 7#ad7 ,in ,june #bjad1 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 countries4 7#ae7 ,in ,august #bjad1 the ,house of ,representatives passed ,h4,r4 #ecbj1 which included the ,protection of ,children ,act4 7#af7 ,this title ends the disparate policies of the ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 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 return4 #ejb4 ,repatriation of unaccompanied alien children 7a7 ,in general ,section #bce of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b7-- 7i7 by amending the heading to read as follows3 ,rules for unaccompanied alien children4--2 7ii7 in subparagraph 7,a7-- 7,i7 in the matter preceding clause 7i71 by striking who is a national or habitual resident of a country that is contiguous with the ,united ,states2 7,,ii7 in clause 7i71 by inserting and at the end2 7,,iii7 in clause 7ii71 by striking 2 and and inserting a period2 and 7,,iv7 by striking clause 7iii72 and 7iii7 in subparagraph 7,b7-- 7,i7 in the matter preceding clause 7i71 by striking 7#h ,u4,s4,c4 #aaja et seq47 may-- and inserting 7#h ,u4,s4,c4 #aaja et seq47--2 7,,ii7 in clause 7i71 by inserting before permit such child to withdraw the following3 may2 and 7,,iii7 in clause 7ii71 by inserting before return such child the following3 shall2 and 7,b7 in paragraph 7#e77;,d7-- 7i7 in the matter preceding clause 7i71 by striking 1 except for an unaccompanied alien child from a contiguous country subject to exceptions under subsection 7a77#b71 and inserting who does not meet the criteria listed in paragraph 7#b77;,a72 and 7ii7 in clause 7i71 by inserting before the semicolon at the end the following3 1 which shall include a hearing before an immigration judge not later than #ad days after being screened under paragraph 7#d72 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#b7-- 7i7 in subparagraph 7,a71 by inserting before the semicolon the following3 believed not to meet the criteria listed in subsection 7a77#b77;,a72 and 7ii7 in subparagraph 7,b71 by inserting before the period the following3 and does not meet the criteria listed in subsection 7a77#b77;,a72 and 7,b7 in paragraph 7#c71 by striking an unaccompanied alien child in custody shall and all that follows1 and inserting the following3 an unaccompanied alien child in custody-- 7,a7 in the case of a child who does not meet the criteria listed in subsection 7a77#b77;,a71 shall transfer the custody of such child to the ,secretary of ,health and ,human ,services not later than #cj days after determining that such child is an unaccompanied alien child who does not meet such criteria2 or 7,b7 in the case of a child who meets the criteria listed in subsection 7a77#b77;,a71 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 criteria4 2 and 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#c71 by inserting at the end the following3 7,d7 ,information about individuals with whom children are placed 7i7 ,information to be provided to homeland security ,before placing a child with an individual1 the ,secretary of ,health and ,human ,services shall provide to the ,secretary of ,homeland ,security1 regarding the individual with whom the child will be placed1 information on-- 7,i7 the name of the individual2 7,,ii7 the social security number of the individual2 7,,iii7 the date of birth of the individual2 7,,iv7 the location of the individual's residence where the child will be placed2 7,v7 the immigration status of the individual1 if known2 and 7,,vi7 contact information for the individual4 7ii7 ,activities of the secretary of homeland security ,not later than #cj days after receiving the information listed in clause 7i71 the ,secretary of ,homeland ,security1 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 #d of title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abba et seq471 shall initiate such removal proceedings4 2 and 7,b7 in paragraph 7#e7-- 7i7 by inserting after to the greatest extent practicable the following3 7at no expense to the ,government72 and 7ii7 by striking have counsel to represent them and inserting have access to counsel to represent them4 7b7 ,effective date ,the amendments made by this section shall apply to any unaccompanied alien child 7as such term is defined in section #dfb7;g7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgi7;g777 apprehended on or after the date that is #cj days after the date of the enactment of this ,act4 #ejc4 ,special immigrant juvenile status for immigrants unable to reunite with either parent ,section #aja7;a77#bg77;,j7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bg77;,j77 is amended-- 7#a7 in clause 7i71 by striking 1 and whose reunification with #a or both of the immigrant's parents is not viable due to abuse1 neglect1 abandonment1 or a similar basis found under ,state law2 and 7#b7 in clause 7iii7-- 7,a7 in subclause 7,i71 by striking and at the end2 7,b7 in subclause 7,,ii71 by inserting and after the semicolon2 and 7,c7 by adding at the end the following3 7,,iii7 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 abuse1 neglect1 abandonment1 or any similar cause under ,state law2 4 #ejd4 ,rule of construction ,nothing in this title shall be construed to limit the following procedures or practices relating to an unaccompanied alien child 7as defined in section #dfb7;g77#b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgi7;g77#b7773 7#a7 ,screening of such a child for a credible fear of return to his or her country of origin4 7#b7 ,screening of such a child to determine whether he or she was a victim of trafficking4 7#c7 ,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 #ab years of age4 ,,vi ,visa ,overstays ,penalties #fja4 ,expanded penalties for illegal entry or presence ,section #bge of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbe7 is amended-- 7#a7 in subsection 7a7 by inserting after for a subsequent commission of any such offense the following3 or if the alien was previously convicted of an offense under subsection 7e77#b77;,a72 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by striking at least #ej and not more than #bej and inserting not less than #ejj and not more than #a1jjj2 and 7,b7 in paragraph 7#b71 by inserting after in the case of an alien who has been previously subject to a civil penalty under this subsection the following3 or subsection 7e77#b77;,b72 and 7#c7 by adding at the end the following3 7e7 ,visa overstays 7#a7 ,in general ,an alien who was admitted as a nonimmigrant has violated this paragraph if the alien1 for an aggregate of #aj days or more1 has failed-- 7,a7 to maintain the nonimmigrant status in which the alien was admitted1 or to which it was changed under section #bdh1 including complying with the period of stay authorized by the ,secretary of ,homeland ,security in connection with such status2 or 7,b7 to comply otherwise with the conditions of such nonimmigrant status4 7#b7 ,penalties ,an alien who has violated paragraph 7#a7-- 7,a7 shall-- 7i7 for the first commission of such a violation1 be fined under title #ah1 ,united ,states ,code1 or imprisoned not more than #f months1 or both2 and 7ii7 for a subsequent commission of such a violation1 or if the alien was previously convicted of an offense under subsection 7a71 be fined under such title #ah1 or imprisoned not more than #b years1 or both2 and 7,b7 in addition to1 and not in lieu of1 any penalty under subparagraph 7,a7 and any other criminal or civil penalties that may be imposed1 shall be subject to a civil penalty of-- 7i7 not less than #ejj and not more than #a1jjj for each violation2 or 7ii7 twice the amount specified in clause 7i71 in the case of an alien who has been previously subject to a civil penalty under this subparagraph or subsection 7b74 4 ,,vii ,immigration ,parole ,reform #gja4 ,immigration parole reform ,section #bab7;d77#e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;d77#e77 is amended to read as follows3 7#e7 7,a7 ,except as provided in subparagraphs 7,b7 and 7,c7 and section #bad7;f71 the ,secretary of ,homeland ,security1 in the discretion of the ,secretary1 may temporarily parole into the ,united ,states any alien applying for admission to the ,united ,states who is not present in the ,united ,states1 under such conditions as the ,secretary may prescribe1 on a case-by-case basis1 and not according to eligibility criteria describing an entire class of potential parole recipients1 for urgent humanitarian reasons or significant public benefit4 ,parole granted under this subparagraph may not be regarded as an admission of the alien4 ,when the purposes of such parole have been served in the opinion of the ,secretary1 the alien shall immediately return or be returned to the custody from which the alien was paroled4 ,after such return1 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 ,states4 7,b7 ,the ,secretary of ,homeland ,security may grant parole to any alien who-- 7i7 is present in the ,united ,states without lawful immigration status2 7ii7 is the beneficiary of an approved petition under section #bjc7;a72 7iii7 is not otherwise inadmissible or removable2 and 7iv7 is the spouse or child of a member of the ,armed ,forces serving on active duty4 7,c7 ,the ,secretary of ,homeland ,security may grant parole to any alien-- 7i7 who is a national of the ,republic of ,cuba and is living in the ,republic of ,cuba2 7ii7 who is the beneficiary of an approved petition under section #bjc7;a72 7iii7 for whom an immigrant visa is not immediately available2 7iv7 who meets all eligibility requirements for an immigrant visa2 7v7 who is not otherwise inadmissible2 and 7vi7 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 ,u4,s4-,cuba ,joint ,communiqu on ,migration1 done at ,new ,york ,september #i1 #aiid1 and reaffirmed in the ,cuba-,united ,states3 ,joint ,statement on ,normalization of ,migration1 ,building on the ,agreement of ,september #i1 #aiid1 done at ,new ,york ,may #b1 #aiie4 7,d7 ,the ,secretary of ,homeland ,security may grant parole to an alien who is returned to a contiguous country under section #bce7;b77#c7 to allow the alien to attend the alien's immigration hearing4 ,the grant of parole shall not exceed the time required for the alien to be escorted to1 and attend1 the alien's immigration hearing scheduled on the same calendar day as the grant1 and to immediately thereafter be escorted back to the contiguous country4 ,a grant of parole under this subparagraph shall not be considered for purposes of determining whether the alien is inadmissible under this ,act4 7,e7 ,for purposes of determining an alien's eligibility for parole under subparagraph 7,a71 an urgent humanitarian reason shall be limited to circumstances in which the alien establishes that-- 7i7 7,i7 the alien has a medical emergency2 and 7,,ii7 7aa7 the alien cannot obtain necessary treatment in the foreign state in which the alien is residing2 or 7bb7 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 process2 7ii7 the alien is the parent or legal guardian of an alien described in clause 7i7 and the alien described in clause 7i7 is a minor2 7iii7 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 process2 7iv7 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 process2 7v7 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 process2 7vi7 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 visa2 or 7vii7 the alien is a lawful applicant for adjustment of status under section #bde and is returning to the ,united ,states after temporary travel abroad4 7,f7 ,for purposes of determining an alien's eligibility for parole under subparagraph 7,a71 a significant public benefit may be determined to result from the parole of an alien only if-- 7i7 the alien has assisted 7or will assist1 whether knowingly or not7 the ,united ,states ,government in a law enforcement matter2 7ii7 the alien's presence is required by the ,government in furtherance of such law enforcement matter2 and 7iii7 the alien is inadmissible1 does not satisfy the eligibility requirements for admission as a nonimmigrant1 or there is insufficient time for the alien to be admitted to the ,united ,states through the normal visa process4 7,g7 ,for purposes of determining an alien's eligibility for parole under subparagraph 7,a71 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 parole4 ,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 basis4 7,h7 ,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 7,b71 7,c71 7,d71 7,e71 and 7,f74 7,i7 ,an alien granted parole may not accept employment1 except that an alien granted parole pursuant to subparagraph 7,b7 or 7,c7 is authorized to accept employment for the duration of the parole1 as evidenced by an employment authorization document issued by the ,secretary of ,homeland ,security4 7,j7 ,parole granted after a departure from the ,united ,states shall not be regarded as an admission of the alien4 ,an alien granted parole1 whether as an initial grant of parole or parole upon reentry into the ,united ,states1 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 benefit4 7,k7 7i7 ,except as provided in clauses 7ii7 and 7iii71 parole shall be granted to an alien under this paragraph for the shorter of-- 7,i7 a period of sufficient length to accomplish the activity described in subparagraph 7,d71 7,e71 or 7,f7 for which the alien was granted parole2 or 7,,ii7 #a year4 7ii7 ,grants of parole pursuant to subparagraph 7,a7 may be extended once1 in the discretion of the ,secretary1 for an additional period that is the shorter of-- 7,i7 the period that is necessary to accomplish the activity described in subparagraph 7,e7 or 7,f7 for which the alien was granted parole2 or 7,,ii7 #a year4 7iii7 ,aliens who have a pending application to adjust status to permanent residence under section #bde may request extensions of parole under this paragraph1 in #a-year increments1 until the application for adjustment has been adjudicated4 ,such parole shall terminate immediately upon the denial of such adjustment application4 7,l7 ,not later than #ij days after the last day of each fiscal year1 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 public1 a report-- 7i7 identifying the total number of aliens paroled into the ,united ,states under this paragraph during the previous fiscal year2 and 7ii7 containing information and data regarding all aliens paroled during such fiscal year1 including-- 7,i7 the duration of parole2 7,,ii7 the type of parole2 and 7,,iii7 the current status of the aliens so paroled4 4 #gjb4 ,implementation 7a7 ,in general ,except as provided in subsection 7b71 this title and the amendments made by this title shall take effect on the date that is #cj days after the date of the enactment of this ,act4 7b7 ,exceptions ,notwithstanding subsection 7a71 each of the following exceptions apply3 7#a7 ,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 approved4 7#b7 ,section #bab7;d77#e77;,j7 of the ,immigration and ,nationality ,act1 as added by section #gja of this title1 shall take effect on the date of the enactment of this ,act4 7#c7 ,aliens who were paroled into the ,united ,states pursuant to section #bab7;d77#e77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;d77#e77;,a77 before ,january #a1 #bjbc1 shall continue to be subject to the terms of parole that were in effect on the date on which their respective parole was approved4 #gjc4 ,cause of action ,any person1 ,state1 or local government that experiences financial harm in excess of #a1jjj 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 relief4 #gjd4 ,severability ,if any provision of this title or any amendment by this title1 or the application of such provision or amendment to any person or circumstance1 is held to be unconstitutional1 the remainder of this title and the application of such provision or amendment to any other person or circumstance shall not be affected4 ,,viii ,legal ,workforce #hja4 ,employment eligibility verification process 7a7 ,in general ,section #bgd;,a7b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7b77 is amended to read as follows3 7b7 ,employment eligibility verification process 7#a7 ,new hires1 recruitment1 and referral ,the requirements referred to in paragraphs 7#a77;,b7 and 7#c7 of subsection 7a7 are1 in the case of a person or other entity hiring1 recruiting1 or referring an individual for employment in the ,united ,states1 the following3 7,a7 ,attestation after examination of documentation 7i7 ,attestation ,during the verification period 7as defined in subparagraph 7,e771 the person or entity shall attest1 under penalty of perjury and on a form1 including electronic format1 designated or established by the ,secretary by regulation not later than #f months after the date of the enactment of title ,,viii of division ,b of the ,secure the ,border ,act of #bjbc1 that it has verified that the individual is not an unauthorized alien by-- 7,i7 obtaining from the individual the individual's social security account number or ,united ,states passport number and recording the number on the form 7if the individual claims to have been issued such a number71 and1 if the individual does not attest to ,united ,states nationality under subparagraph 7,b71 obtaining such identification or authorization number established by the ,department of ,homeland ,security for the alien as the ,secretary of ,homeland ,security may specify1 and recording such number on the form2 and 7,,ii7 examining-- 7aa7 a document relating to the individual presenting it described in clause 7ii72 or 7bb7 a document relating to the individual presenting it described in clause 7iii7 and a document relating to the individual presenting it described in clause 7iv74 7ii7 ,documents evidencing employment authorization and establishing identity ,a document described in this subparagraph is an individual's-- 7,i7 unexpired ,united ,states passport or passport card2 7,,ii7 unexpired permanent resident card that contains a photograph2 7,,iii7 unexpired employment authorization card that contains a photograph2 7,,iv7 in the case of a nonimmigrant alien authorized to work for a specific employer incident to status1 a foreign passport with ,form ,i-#id or ,form ,i-#id;,a1 or other documentation as designated by the ,secretary specifying the alien's nonimmigrant status as long as the period of status has not yet expired and the proposed employment is not in conflict with any restrictions or limitations identified in the documentation2 7,v7 passport from the ,federated ,states of ,micronesia 7,,fsm7 or the ,republic of the ,marshall ,islands 7,,rmi7 with ,form ,i-#id or ,form ,i-#id;,a1 or other documentation as designated by the ,secretary1 indicating nonimmigrant admission under the ,compact of ,free ,association ,between the ,united ,states and the ,,fsm or ,,rmi2 or 7,,vi7 other document designated by the ,secretary of ,homeland ,security1 if the document-- 7aa7 contains a photograph of the individual and biometric identification data from the individual and such other personal identifying information relating to the individual as the ,secretary of ,homeland ,security finds1 by regulation1 sufficient for purposes of this clause2 7bb7 is evidence of authorization of employment in the ,united ,states2 and 7cc7 contains security features to make it resistant to tampering1 counterfeiting1 and fraudulent use4 7iii7 ,documents evidencing employment authorization ,a document described in this subparagraph is an individual's social security account number card 7other than such a card which specifies on the face that the issuance of the card does not authorize employment in the ,united ,states74 7iv7 ,documents establishing identity of individual ,a document described in this subparagraph is-- 7,i7 an individual's unexpired ,state issued driver's license or identification card if it contains a photograph and information such as name1 date of birth1 gender1 height1 eye color1 and address2 7,,ii7 an individual's unexpired ,united ,states military identification card2 7,,iii7 an individual's unexpired ,native ,american tribal identification document issued by a tribal entity recognized by the ,bureau of ,indian ,affairs2 or 7,,iv7 in the case of an individual under #ah years of age1 a parent or legal guardian's attestation under penalty of law as to the identity and age of the individual4 7v7 ,authority to prohibit use of certain documents ,if the ,secretary of ,homeland ,security finds1 by regulation1 that any document described in clause 7i71 7ii71 or 7iii7 as establishing employment authorization or identity does not reliably establish such authorization or identity or is being used fraudulently to an unacceptable degree1 the ,secretary may prohibit or place conditions on its use for purposes of this paragraph4 7vi7 ,signature ,such attestation may be manifested by either a handwritten or electronic signature4 7,b7 ,individual attestation of employment authorization ,during the verification period 7as defined in subparagraph 7,e771 the individual shall attest1 under penalty of perjury on the form designated or established for purposes of subparagraph 7,a71 that the individual is a citizen or national of the ,united ,states1 an alien lawfully admitted for permanent residence1 or an alien who is authorized under this ,act or by the ,secretary of ,homeland ,security to be hired1 recruited1 or referred for such employment4 ,such attestation may be manifested by either a handwritten or electronic signature4 ,the individual shall also provide that individual's social security account number or ,united ,states passport number 7if the individual claims to have been issued such a number71 and1 if the individual does not attest to ,united ,states nationality under this subparagraph1 such identification or authorization number established by the ,department of ,homeland ,security for the alien as the ,secretary may specify4 7,c7 ,retention of verification form and verification 7i7 ,in general ,after completion of such form in accordance with subparagraphs 7,a7 and 7,b71 the person or entity shall-- 7,i7 retain a paper or electronic version of the form and make it available for inspection by officers of the ,department of ,homeland ,security1 the ,department of ,justice1 or the ,department of ,labor during a period beginning on the date of the recruiting or referral of the individual1 or1 in the case of the hiring of an individual1 the date on which the verification is completed1 and ending-- 7aa7 in the case of the recruiting or referral of an individual1 #c years after the date of the recruiting or referral2 and 7bb7 in the case of the hiring of an individual1 the later of #c years after the date the verification is completed or one year after the date the individual's employment is terminated2 and 7,,ii7 during the verification period 7as defined in subparagraph 7,e771 make an inquiry1 as provided in subsection 7d71 using the verification system to seek verification of the identity and employment eligibility of an individual4 7ii7 ,confirmation 7,i7 ,confirmation received ,if the person or other entity receives an appropriate confirmation of an individual's identity and work eligibility under the verification system within the time period specified1 the person or entity shall record on the form an appropriate code that is provided under the system and that indicates a final confirmation of such identity and work eligibility of the individual4 7,,ii7 ,tentative nonconfirmation received ,if the person or other entity receives a tentative nonconfirmation of an individual's identity or work eligibility under the verification system within the time period specified1 the person or entity shall so inform the individual for whom the verification is sought4 ,if the individual does not contest the nonconfirmation within the time period specified1 the nonconfirmation shall be considered final4 ,the person or entity shall then record on the form an appropriate code which has been provided under the system to indicate a final nonconfirmation4 ,if the individual does contest the nonconfirmation1 the individual shall utilize the process for secondary verification provided under subsection 7d74 ,the nonconfirmation will remain tentative until a final confirmation or nonconfirmation is provided by the verification system within the time period specified4 ,in no case shall an employer terminate employment of an individual because of a failure of the individual to have identity and work eligibility confirmed under this section until a nonconfirmation becomes final4 ,nothing in this clause shall apply to a termination of employment for any reason other than because of such a failure4 ,in no case shall an employer rescind the offer of employment to an individual because of a failure of the individual to have identity and work eligibility confirmed under this subsection until a nonconfirmation becomes final4 ,nothing in this subclause shall apply to a recission of the offer of employment for any reason other than because of such a failure4 7,,iii7 ,final confirmation or nonconfirmation received ,if a final confirmation or nonconfirmation is provided by the verification system regarding an individual1 the person or entity shall record on the form an appropriate code that is provided under the system and that indicates a confirmation or nonconfirmation of identity and work eligibility of the individual4 7,,iv7 ,extension of time ,if the person or other entity in good faith attempts to make an inquiry during the time period specified and the verification system has registered that not all inquiries were received during such time1 the person or entity may make an inquiry in the first subsequent working day in which the verification system registers that it has received all inquiries4 ,if the verification system cannot receive inquiries at all times during a day1 the person or entity merely has to assert that the entity attempted to make the inquiry on that day for the previous sentence to apply to such an inquiry1 and does not have to provide any additional proof concerning such inquiry4 7,v7 ,consequences of nonconfirmation 7aa7 ,termination or notification of continued employment ,if the person or other entity has received a final nonconfirmation regarding an individual1 the person or entity may terminate employment of the individual 7or decline to recruit or refer the individual74 ,if the person or entity does not terminate employment of the individual or proceeds to recruit or refer the individual1 the person or entity shall notify the ,secretary of ,homeland ,security of such fact through the verification system or in such other manner as the ,secretary may specify4 7bb7 ,failure to notify ,if the person or entity fails to provide notice with respect to an individual as required under item 7aa71 the failure is deemed to constitute a violation of subsection 7a77#a77;,a7 with respect to that individual4 7,,vi7 ,continued employment after final nonconfirmation ,if the person or other entity continues to employ 7or to recruit or refer7 an individual after receiving final nonconfirmation1 a rebuttable presumption is created that the person or entity has violated subsection 7a77#a77;,a74 7,d7 ,effective dates of new procedures 7i7 ,hiring ,except as provided in clause 7iii71 the provisions of this paragraph shall apply to a person or other entity hiring an individual for employment in the ,united ,states as follows3 7,i7 ,with respect to employers having #aj1jjj or more employees in the ,united ,states on the date of the enactment of title ,,viii of division ,b of the ,secure the ,border ,act of #bjbc1 on the date that is #f months after the date of the enactment of title4 7,,ii7 ,with respect to employers having #ejj or more employees in the ,united ,states1 but less than #aj1jjj employees in the ,united ,states1 on the date of the enactment of title ,,viii of division ,b of the ,secure the ,border ,act of #bjbc1 on the date that is #ab months after the date of the enactment of such title4 7,,iii7 ,with respect to employers having #bj or more employees in the ,united ,states1 but less than #ejj employees in the ,united ,states1 on the date of the enactment of title ,,viii of division ,b of the ,secure the ,border ,act of #bjbc1 on the date that is #ah months after the date of the enactment of such title4 7,,iv7 ,with respect to employers having one or more employees in the ,united ,states1 but less than #bj employees in the ,united ,states1 on the date of the enactment of title ,,viii of division ,b of the ,secure the ,border ,act of #bjbc1 on the date that is #bd months after the date of the enactment of such title4 7ii7 ,recruiting and referring ,except as provided in clause 7iii71 the provisions of this paragraph shall apply to a person or other entity recruiting or referring an individual for employment in the ,united ,states on the date that is #ab months after the date of the enactment of title ,,viii of division ,b of the ,secure the ,border ,act of #bjbc4 7iii7 ,agricultural labor or services ,with respect to an employee performing agricultural labor or services1 this paragraph shall not apply with respect to the verification of the employee until the date that is #cf months after the date of the enactment of title ,,viii of division ,b of the ,secure the ,border ,act of #bjbc4 ,for purposes of the preceding sentence1 the term agricultural labor or services has the meaning given such term by the ,secretary of ,agriculture in regulations and includes agricultural labor as defined in section #caba7;g7 of the ,internal ,revenue ,code of #aihf1 agriculture as defined in section #c7;f7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7;f771 the handling1 planting1 drying1 packing1 packaging1 processing1 freezing1 or grading prior to delivery for storage of any agricultural or horticultural commodity in its unmanufactured state1 all activities required for the preparation1 processing or manufacturing of a product of agriculture 7as such term is defined in such section #c7;f77 for further distribution1 and activities similar to all the foregoing as they relate to fish or shellfish facilities4 ,an employee described in this clause shall not be counted for purposes of clause 7i74 7iv7 ,extensions 7,i7 ,on request ,upon request by an employer having #ej or fewer employees1 the ,secretary shall allow a one-time #f-month extension of the effective date set out in this subparagraph applicable to such employer4 ,such request shall be made to the ,secretary and shall be made prior to such effective date4 7,,ii7 ,following report ,if the study under section #had of title ,,viii of division ,b of the ,secure the ,border ,act of #bjbc has been submitted in accordance with such section1 the ,secretary of ,homeland ,security may extend the effective date set out in clause 7iii7 on a one-time basis for #ab months4 7v7 ,transition rule ,subject to paragraph 7#d71 the following shall apply to a person or other entity hiring1 recruiting1 or referring an individual for employment in the ,united ,states until the effective date or dates applicable under clauses 7i7 through 7iii73 7,i7 ,this subsection1 as in effect before the enactment of title ,,viii of division ,b of the ,secure the ,border ,act of #bjbc4 7,,ii7 ,subtitle ,a of title ,,iv of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acbd;a note71 as in effect before the effective date in section #hjg7;c7 of title ,,viii of division ,b of the ,secure the ,border ,act of #bjbc4 7,,iii7 ,any other provision of ,federal law requiring the person or entity to participate in the ,e-,verify ,program described in section #djc7;a7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acbd;a note71 as in effect before the effective date in section #hjg7;c7 of title ,,viii of division ,b of the ,secure the ,border ,act of #bjbc1 including ,executive ,order #acdfe 7#h ,u4,s4,c4 #acbd;a note2 relating to ,government procurement74 7,e7 ,verification period defined 7i7 ,in general ,for purposes of this paragraph3 7,i7 ,in the case of recruitment or referral1 the term verification period means the period ending on the date recruiting or referring commences4 7,,ii7 ,in the case of hiring1 the term verification period means the period beginning on the date on which an offer of employment is extended and ending on the date that is three business days after the date of hire1 except as provided in clause 7iii74 ,the offer of employment may be conditioned in accordance with clause 7ii74 7ii7 ,job offer may be conditional ,a person or other entity may offer a prospective employee an employment position that is conditioned on final verification of the identity and employment eligibility of the employee using the procedures established under this paragraph4 7iii7 ,special rule ,notwithstanding clause 7i77,,ii71 in the case of an alien who is authorized for employment and who provides evidence from the ,social ,security ,administration that the alien has applied for a social security account number1 the verification period ends three business days after the alien receives the social security account number4 7#b7 ,reverification for individuals with limited work authorization 7,a7 ,in general ,except as provided in subparagraph 7,b71 a person or entity shall make an inquiry1 as provided in subsection 7d71 using the verification system to seek reverification of the identity and employment eligibility of all individuals with a limited period of work authorization employed by the person or entity during the three business days after the date on which the employee's work authorization expires as follows3 7i7 ,with respect to employers having #aj1jjj or more employees in the ,united ,states on the date of the enactment of title ,,viii of division ,b of the ,secure the ,border ,act of #bjbc1 beginning on the date that is #f months after the date of the enactment of such title4 7ii7 ,with respect to employers having #ejj or more employees in the ,united ,states1 but less than #aj1jjj employees in the ,united ,states1 on the date of the enactment of title ,,viii of division ,b of the ,secure the ,border ,act of #bjbc1 beginning on the date that is #ab months after the date of the enactment of such title4 7iii7 ,with respect to employers having #bj or more employees in the ,united ,states1 but less than #ejj employees in the ,united ,states1 on the date of the enactment of title ,,viii of division ,b of the ,secure the ,border ,act of #bjbc1 beginning on the date that is #ah months after the date of the enactment of such title4 7iv7 ,with respect to employers having one or more employees in the ,united ,states1 but less than #bj employees in the ,united ,states1 on the date of the enactment of title ,,viii of division ,b of the ,secure the ,border ,act of #bjbc1 beginning on the date that is #bd months after the date of the enactment of such title4 7,b7 ,agricultural labor or services ,with respect to an employee performing agricultural labor or services1 or an employee recruited or referred by a farm labor contractor 7as defined in section #c of the ,migrant and ,seasonal ,agricultural ,worker ,protection ,act 7#bi ,u4,s4,c4 #ahja771 subparagraph 7,a7 shall not apply with respect to the reverification of the employee until the date that is #cf months after the date of the enactment of title ,,viii of division ,b of the ,secure the ,border ,act of #bjbc4 ,for purposes of the preceding sentence1 the term agricultural labor or services has the meaning given such term by the ,secretary of ,agriculture in regulations and includes agricultural labor as defined in section #caba7;g7 of the ,internal ,revenue ,code of #aihf1 agriculture as defined in section #c7;f7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7;f771 the handling1 planting1 drying1 packing1 packaging1 processing1 freezing1 or grading prior to delivery for storage of any agricultural or horticultural commodity in its unmanufactured state1 all activities required for the preparation1 processing1 or manufacturing of a product of agriculture 7as such term is defined in such section #c7;f77 for further distribution1 and activities similar to all the foregoing as they relate to fish or shellfish facilities4 ,an employee described in this subparagraph shall not be counted for purposes of subparagraph 7,a74 7,c7 ,reverification ,paragraph 7#a77;,c77ii7 shall apply to reverifications pursuant to this paragraph on the same basis as it applies to verifications pursuant to paragraph 7#a71 except that employers shall-- 7i7 use a form designated or established by the ,secretary by regulation for purposes of this paragraph2 and 7ii7 retain a paper or electronic version of the form and make it available for inspection by officers of the ,department of ,homeland ,security1 the ,department of ,justice1 or the ,department of ,labor during the period beginning on the date the reverification commences and ending on the date that is the later of #c years after the date of such reverification or #a year after the date the individual's employment is terminated4 7#c7 ,previously hired individuals 7,a7 ,on a mandatory basis for certain employees 7i7 ,in general ,not later than the date that is #f months after the date of the enactment of title ,,viii of division ,b of the ,secure the ,border ,act of #bjbc1 an employer shall make an inquiry1 as provided in subsection 7d71 using the verification system to seek verification of the identity and employment eligibility of any individual described in clause 7ii7 employed by the employer whose employment eligibility has not been verified under the ,e-,verify ,program described in section #djc7;a7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acbd;a note74 7ii7 ,individuals described ,an individual described in this clause is any of the following3 7,i7 ,an employee of any unit of a ,federal1 ,state1 or local government4 7,,ii7 ,an employee who requires a ,federal security clearance working in a ,federal1 ,state1 or local government building1 a military base1 a nuclear energy site1 a weapons site1 or an airport or other facility that requires workers to carry a ,transportation ,worker ,identification ,credential 7,,twic74 7,,iii7 ,an employee assigned to perform work in the ,united ,states under a ,federal contract1 except that this subclause-- 7aa7 is not applicable to individuals who have a clearance under ,homeland ,security ,presidential ,directive #ab 7,,hspd #ab clearance71 are administrative or overhead personnel1 or are working solely on contracts that provide ,commercial ,off ,the ,shelf goods or services as set forth by the ,federal ,acquisition ,regulatory ,council1 unless they are subject to verification under subclause 7,,ii72 and 7bb7 only applies to contracts over the simple acquisition threshold as defined in section #b4aja of title #dh1 ,code of ,federal ,regulations4 7,b7 ,on a mandatory basis for multiple users of same social security account number ,in the case of an employer who is required by this subsection to use the verification system described in subsection 7d71 or has elected voluntarily to use such system1 the employer shall make inquiries to the system in accordance with the following3 7i7 ,the ,commissioner of ,social ,security shall notify annually employees 7at the employee address listed on the ,wage and ,tax ,statement7 who submit a social security account number to which more than one employer reports income and for which there is a pattern of unusual multiple use4 ,the notification letter shall identify the number of employers to which income is being reported as well as sufficient information notifying the employee of the process to contact the ,social ,security ,administration ,fraud ,hotline if the employee believes the employee's identity may have been stolen4 ,the notice shall not share information protected as private1 in order to avoid any recipient of the notice from being in the position to further commit or begin committing identity theft4 7ii7 ,if the person to whom the social security account number was issued by the ,social ,security ,administration has been identified and confirmed by the ,commissioner1 and indicates that the social security account number was used without their knowledge1 the ,secretary and the ,commissioner shall lock the social security account number for employment eligibility verification purposes and shall notify the employers of the individuals who wrongfully submitted the social security account number that the employee may not be work eligible4 7iii7 ,each employer receiving such notification of an incorrect social security account number under clause 7ii7 shall use the verification system described in subsection 7d7 to check the work eligibility status of the applicable employee within #aj business days of receipt of the notification4 7,c7 ,on a voluntary basis ,subject to paragraph 7#b71 and subparagraphs 7,a7 through 7,c7 of this paragraph1 beginning on the date that is #cj days after the date of the enactment of title ,,viii of division ,b of the ,secure the ,border ,act of #bjbc1 an employer may make an inquiry1 as provided in subsection 7d71 using the verification system to seek verification of the identity and employment eligibility of any individual employed by the employer4 ,if an employer chooses voluntarily to seek verification of any individual employed by the employer1 the employer shall seek verification of all individuals employed at the same geographic location or1 at the option of the employer1 all individuals employed within the same job category1 as the employee with respect to whom the employer seeks voluntarily to use the verification system4 ,an employer's decision about whether or not voluntarily to seek verification of its current workforce under this subparagraph may not be considered by any government agency in any proceeding1 investigation1 or review provided for in this ,act4 7,d7 ,verification ,paragraph 7#a77;,c77ii7 shall apply to verifications pursuant to this paragraph on the same basis as it applies to verifications pursuant to paragraph 7#a71 except that employers shall-- 7i7 use a form designated or established by the ,secretary by regulation for purposes of this paragraph2 and 7ii7 retain a paper or electronic version of the form and make it available for inspection by officers of the ,department of ,homeland ,security1 the ,department of ,justice1 or the ,department of ,labor during the period beginning on the date the verification commences and ending on the date that is the later of #c years after the date of such verification or #a year after the date the individual's employment is terminated4 7#d7 ,early compliance 7,a7 ,former ,e-,verify required users1 including ,federal contractors ,notwithstanding the deadlines in paragraphs 7#a7 and 7#b71 beginning on the date of the enactment of title ,,viii of division ,b of the ,secure the ,border ,act of #bjbc1 the ,secretary is authorized to commence requiring employers required to participate in the ,e-,verify ,program described in section #djc7;a7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acbd;a note71 including employers required to participate in such program by reason of ,federal acquisition laws 7and regulations promulgated under those laws1 including the ,federal ,acquisition ,regulation71 to commence compliance with the requirements of this subsection 7and any additional requirements of such ,federal acquisition laws and regulation7 in lieu of any requirement to participate in the ,e-,verify ,program4 7,b7 ,former ,e-,verify voluntary users and others desiring early compliance ,notwithstanding the deadlines in paragraphs 7#a7 and 7#b71 beginning on the date of the enactment of title ,,viii of division ,b of the ,secure the ,border ,act of #bjbc1 the ,secretary shall provide for the voluntary compliance with the requirements of this subsection by employers voluntarily electing to participate in the ,e-,verify ,program described in section #djc7;a7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acbd;a note7 before such date1 as well as by other employers seeking voluntary early compliance4 7#e7 ,copying of documentation permitted ,notwithstanding any other provision of law1 the person or entity may copy a document presented by an individual pursuant to this subsection and may retain the copy1 but only 7except as otherwise permitted under law7 for the purpose of complying with the requirements of this subsection4 7#f7 ,limitation on use of forms ,a form designated or established by the ,secretary of ,homeland ,security under this subsection and any information contained in or appended to such form1 may not be used for purposes other than for enforcement of this ,act and any other provision of ,federal criminal law4 7#g7 ,good faith compliance 7,a7 ,in general ,except as otherwise provided in this subsection1 a person or entity is considered to have complied with a requirement of this subsection notwithstanding a technical or procedural failure to meet such requirement if there was a good faith attempt to comply with the requirement4 7,b7 ,exception if failure to correct after notice ,subparagraph 7,a7 shall not apply if-- 7i7 the failure is not de minimus2 7ii7 the ,secretary of ,homeland ,security has explained to the person or entity the basis for the failure and why it is not de minimus2 7iii7 the person or entity has been provided a period of not less than #cj calendar days 7beginning after the date of the explanation7 within which to correct the failure2 and 7iv7 the person or entity has not corrected the failure voluntarily within such period4 7,c7 ,exception for pattern or practice violators ,subparagraph 7,a7 shall not apply to a person or entity that has engaged or is engaging in a pattern or practice of violations of subsection 7a77#a77;,a7 or 7a77#b74 7#h7 ,single extension of deadlines upon certification ,in a case in which the ,secretary of ,homeland ,security has certified to the ,congress that the employment eligibility verification system required under subsection 7d7 will not be fully operational by the date that is #f months after the date of the enactment of title ,,viii of division ,b of the ,secure the ,border ,act of #bjbc1 each deadline established under this section for an employer to make an inquiry using such system shall be extended by #f months4 ,no other extension of such a deadline shall be made except as authorized under paragraph 7#a77;,d77iv74 4 7b7 ,date of hire ,section #bgd;,a7h7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7h77 is amended by adding at the end the following3 7#d7 ,definition of date of hire ,as used in this section1 the term date of hire means the date of actual commencement of employment for wages or other remuneration1 unless otherwise specified4 4 #hjb4 ,employment eligibility verification system ,section #bgd;,a7d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7d77 is amended to read as follows3 7d7 ,employment eligibility verification system 7#a7 ,in general ,patterned on the employment eligibility confirmation system established under section #djd of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acbd;a note71 the ,secretary of ,homeland ,security shall establish and administer a verification system through which the ,secretary 7or a designee of the ,secretary1 which may be a nongovernmental entity7-- 7,a7 responds to inquiries made by persons at any time through a toll-free electronic media concerning an individual's identity and whether the individual is authorized to be employed2 and 7,b7 maintains records of the inquiries that were made1 of verifications provided 7or not provided71 and of the codes provided to inquirers as evidence of their compliance with their obligations under this section4 7#b7 ,initial response ,the verification system shall provide confirmation or a tentative nonconfirmation of an individual's identity and employment eligibility within #c working days of the initial inquiry4 ,if providing confirmation or tentative nonconfirmation1 the verification system shall provide an appropriate code indicating such confirmation or such nonconfirmation4 7#c7 ,secondary confirmation process in case of tentative nonconfirmation ,in cases of tentative nonconfirmation1 the ,secretary shall specify1 in consultation with the ,commissioner of ,social ,security1 an available secondary verification process to confirm the validity of information provided and to provide a final confirmation or nonconfirmation not later than #aj working days after the date on which the notice of the tentative nonconfirmation is received by the employee4 ,the ,secretary1 in consultation with the ,commissioner1 may extend this deadline once on a case-by-case basis for a period of #aj working days1 and if the time is extended1 shall document such extension within the verification system4 ,the ,secretary1 in consultation with the ,commissioner1 shall notify the employee and employer of such extension4 ,the ,secretary1 in consultation with the ,commissioner1 shall create a standard process of such extension and notification and shall make a description of such process available to the public4 ,when final confirmation or nonconfirmation is provided1 the verification system shall provide an appropriate code indicating such confirmation or nonconfirmation4 7#d7 ,design and operation of system ,the verification system shall be designed and operated-- 7,a7 to maximize its reliability and ease of use by persons and other entities consistent with insulating and protecting the privacy and security of the underlying information2 7,b7 to respond to all inquiries made by such persons and entities on whether individuals are authorized to be employed and to register all times when such inquiries are not received2 7,c7 with appropriate administrative1 technical1 and physical safeguards to prevent unauthorized disclosure of personal information2 7,d7 to have reasonable safeguards against the system's resulting in unlawful discriminatory practices based on national origin or citizenship status1 including-- 7i7 the selective or unauthorized use of the system to verify eligibility2 or 7ii7 the exclusion of certain individuals from consideration for employment as a result of a perceived likelihood that additional verification will be required1 beyond what is required for most job applicants2 7,e7 to maximize the prevention of identity theft use in the system2 and 7,f7 to limit the subjects of verification to the following individuals3 7i7 ,individuals hired1 referred1 or recruited1 in accordance with paragraph 7#a7 or 7#d7 of subsection 7b74 7ii7 ,employees and prospective employees1 in accordance with paragraph 7#a71 7#b71 7#c71 or 7#d7 of subsection 7b74 7iii7 ,individuals seeking to confirm their own employment eligibility on a voluntary basis4 7#e7 ,responsibilities of ,commissioner of ,social ,security ,as part of the verification system1 the ,commissioner of ,social ,security1 in consultation with the ,secretary of ,homeland ,security 7and any designee of the ,secretary selected to establish and administer the verification system71 shall establish a reliable1 secure method1 which1 within the time periods specified under paragraphs 7#b7 and 7#c71 compares the name and social security account number provided in an inquiry against such information maintained by the ,commissioner in order to validate 7or not validate7 the information provided regarding an individual whose identity and employment eligibility must be confirmed1 the correspondence of the name and number1 and whether the individual has presented a social security account number that is not valid for employment4 ,the ,commissioner shall not disclose or release social security information 7other than such confirmation or nonconfirmation7 under the verification system except as provided for in this section or section #bje7;c77#b77;,i7 of the ,social ,security ,act4 7#f7 ,responsibilities of ,secretary of ,homeland ,security ,as part of the verification system1 the ,secretary of ,homeland ,security 7in consultation with any designee of the ,secretary selected to establish and administer the verification system71 shall establish a reliable1 secure method1 which1 within the time periods specified under paragraphs 7#b7 and 7#c71 compares the name and alien identification or authorization number 7or any other information as determined relevant by the ,secretary7 which are provided in an inquiry against such information maintained or accessed by the ,secretary in order to validate 7or not validate7 the information provided1 the correspondence of the name and number1 whether the alien is authorized to be employed in the ,united ,states1 or to the extent that the ,secretary determines to be feasible and appropriate1 whether the records available to the ,secretary verify the identity or status of a national of the ,united ,states4 7#g7 ,updating information ,the ,commissioner of ,social ,security and the ,secretary of ,homeland ,security shall update their information in a manner that promotes the maximum accuracy and shall provide a process for the prompt correction of erroneous information1 including instances in which it is brought to their attention in the secondary verification process described in paragraph 7#c74 7#h7 ,limitation on use of the verification system and any related systems 7,a7 ,no national identification card ,nothing in this section shall be construed to authorize1 directly or indirectly1 the issuance or use of national identification cards or the establishment of a national identification card4 7,b7 ,critical infrastructure ,the ,secretary may authorize or direct any person or entity responsible for granting access to1 protecting1 securing1 operating1 administering1 or regulating part of the critical infrastructure 7as defined in section #ajaf7;e7 of the ,critical ,infrastructure ,protection ,act of #bjja 7#db ,u4,s4,c4 #eaie;c7e777 to use the verification system to the extent the ,secretary determines that such use will assist in the protection of the critical infrastructure4 7#i7 ,remedies ,if an individual alleges that the individual would not have been dismissed from a job or would have been hired for a job but for an error of the verification mechanism1 the individual may seek compensation only through the mechanism of the ,federal ,tort ,claims ,act1 and injunctive relief to correct such error4 ,no class action may be brought under this paragraph4 4 #hjc4 ,recruitment1 referral1 and continuation of employment 7a7 ,additional changes to rules for recruitment1 referral1 and continuation of employment ,section #bgd;,a7a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7a77 is amended-- 7#a7 in paragraph 7#a77;,a71 by striking for a fee2 7#b7 in paragraph 7#a71 by amending subparagraph 7,b7 to read as follows3 7,b7 to hire1 continue to employ1 or to recruit or refer for employment in the ,united ,states an individual without complying with the requirements of subsection 7b74 2 and 7#c7 in paragraph 7#b71 by striking after hiring an alien for employment in accordance with paragraph 7#a71 and inserting after complying with paragraph 7#a714 7b7 ,definition ,section #bgd;,a7h7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7h771 as amended by section #hja7;b7 of this title1 is further amended by adding at the end the following3 7#e7 ,definition of recruit or refer ,as used in this section1 the term refer means the act of sending or directing a person who is in the ,united ,states or transmitting documentation or information to another1 directly or indirectly1 with the intent of obtaining employment in the ,united ,states for such person4 ,only persons or entities referring for remuneration 7whether on a retainer or contingency basis7 are included in the definition1 except that union hiring halls that refer union members or nonunion individuals who pay union membership dues are included in the definition whether or not they receive remuneration1 as are labor service entities or labor service agencies1 whether public1 private1 for-profit1 or nonprofit1 that refer1 dispatch1 or otherwise facilitate the hiring of laborers for any period of time by a third party4 ,as used in this section1 the term recruit means the act of soliciting a person who is in the ,united ,states1 directly or indirectly1 and referring the person to another with the intent of obtaining employment for that person4 ,only persons or entities referring for remuneration 7whether on a retainer or contingency basis7 are included in the definition1 except that union hiring halls that refer union members or nonunion individuals who pay union membership dues are included in this definition whether or not they receive remuneration1 as are labor service entities or labor service agencies1 whether public1 private1 for-profit1 or nonprofit that recruit1 dispatch1 or otherwise facilitate the hiring of laborers for any period of time by a third party4 4 7c7 ,effective date ,the amendments made by this section shall take effect on the date that is #a year after the date of the enactment of this ,act1 except that the amendments made by subsection 7a7 shall take effect #f months after the date of the enactment of this ,act insofar as such amendments relate to continuation of employment4 #hjd4 ,good faith defense ,section #bgd;,a7a77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7a77#c77 is amended to read as follows3 7#c7 ,good faith defense 7,a7 ,defense ,an employer 7or person or entity that hires1 employs1 recruits1 or refers 7as defined in subsection 7h77#e771 or is otherwise obligated to comply with this section7 who establishes that it has complied in good faith with the requirements of subsection 7b7-- 7i7 shall not be liable to a job applicant1 an employee1 the ,federal ,government1 or a ,state or local government1 under ,federal1 ,state1 or local criminal or civil law for any employment-related action taken with respect to a job applicant or employee in good-faith reliance on information provided through the system established under subsection 7d72 and 7ii7 has established compliance with its obligations under subparagraphs 7,a7 and 7,b7 of paragraph 7#a7 and subsection 7b7 absent a showing by the ,secretary of ,homeland ,security1 by clear and convincing evidence1 that the employer had knowledge that an employee is an unauthorized alien4 7,b7 ,mitigation element ,for purposes of subparagraph 7,a77i71 if an employer proves by a preponderance of the evidence that the employer uses a reasonable1 secure1 and established technology to authenticate the identity of the new employee1 that fact shall be taken into account for purposes of determining good faith use of the system established under subsection 7d74 7,c7 ,failure to seek and obtain verification ,subject to the effective dates and other deadlines applicable under subsection 7b71 in the case of a person or entity in the ,united ,states that hires1 or continues to employ1 an individual1 or recruits or refers an individual for employment1 the following requirements apply3 7i7 ,failure to seek verification 7,i7 ,in general ,if the person or entity has not made an inquiry1 under the mechanism established under subsection 7d7 and in accordance with the timeframes established under subsection 7b71 seeking verification of the identity and work eligibility of the individual1 the defense under subparagraph 7,a7 shall not be considered to apply with respect to any employment1 except as provided in subclause 7,,ii74 7,,ii7 ,special rule for failure of verification mechanism ,if such a person or entity in good faith attempts to make an inquiry in order to qualify for the defense under subparagraph 7,a7 and the verification mechanism has registered that not all inquiries were responded to during the relevant time1 the person or entity can make an inquiry until the end of the first subsequent working day in which the verification mechanism registers no nonresponses and qualify for such defense4 7ii7 ,failure to obtain verification ,if the person or entity has made the inquiry described in clause 7i77,i7 but has not received an appropriate verification of such identity and work eligibility under such mechanism within the time period specified under subsection 7d77#b7 after the time the verification inquiry was received1 the defense under subparagraph 7,a7 shall not be considered to apply with respect to any employment after the end of such time period4 4 #hje4 ,preemption and ,states' rights ,section #bgd;,a7h77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7h77#b77 is amended to read as follows3 7#b7 ,preemption 7,a7 ,single1 national policy ,the provisions of this section preempt any ,state or local law1 ordinance1 policy1 or rule1 including any criminal or civil fine or penalty structure1 insofar as they may now or hereafter relate to the hiring1 continued employment1 or status verification for employment eligibility purposes1 of unauthorized aliens4 7,b7 ,state enforcement of ,federal law 7i7 ,business licensing ,a ,state1 locality1 municipality1 or political subdivision may exercise its authority over business licensing and similar laws as a penalty for failure to use the verification system described in subsection 7d7 to verify employment eligibility when and as required under subsection 7b74 7ii7 ,general rules ,a ,state1 at its own cost1 may enforce the provisions of this section1 but only insofar as such ,state follows the ,federal regulations implementing this section1 applies the ,federal penalty structure set out in this section1 and complies with all ,federal rules and guidance concerning implementation of this section4 ,such ,state may collect any fines assessed under this section4 ,an employer may not be subject to enforcement1 including audit and investigation1 by both a ,federal agency and a ,state for the same violation under this section4 ,whichever entity1 the ,federal agency or the ,state1 is first to initiate the enforcement action1 has the right of first refusal to proceed with the enforcement action4 ,the ,secretary must provide copies of all guidance1 training1 and field instructions provided to ,federal officials implementing the provisions of this section to each ,state4 4 #hjf4 ,repeal 7a7 ,in general ,subtitle ,a of title ,,iv of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acbd;a note7 is repealed4 7b7 ,references ,any reference in any ,federal law1 ,executive order1 rule1 regulation1 or delegation of authority1 or any document of1 or pertaining to1 the ,department of ,homeland ,security1 ,department of ,justice1 or the ,social ,security ,administration1 to the employment eligibility confirmation system established under section #djd of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acbd;a note7 is deemed to refer to the employment eligibility confirmation system established under section #bgd;,a7d7 of the ,immigration and ,nationality ,act1 as amended by section #hjb of this title4 7c7 ,effective date ,this section shall take effect on the date that is #cj months after the date of the enactment of this ,act4 7d7 ,clerical ,amendment ,the table of sections1 in section #a7;d7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif1 is amended by striking the items relating to subtitle ,a of title ,,iv4 #hjg4 ,penalties ,section #bgd;,a of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7 is amended-- 7#a7 in subsection 7e77#a7-- 7,a7 by striking ,attorney ,general each place such term appears and inserting ,secretary of ,homeland ,security2 and 7,b7 in subparagraph 7,d71 by striking ,service and inserting ,department of ,homeland ,security2 7#b7 in subsection 7e77#d7-- 7,a7 in subparagraph 7,a71 in the matter before clause 7i71 by inserting 1 subject to paragraph 7#aj71 after in an amount2 7,b7 in subparagraph 7,a77i71 by striking not less than #bej and not more than #b1jjj and inserting not less than #b1ejj and not more than #e1jjj2 7,c7 in subparagraph 7,a77ii71 by striking not less than #b1jjj and not more than #e1jjj and inserting not less than #e1jjj and not more than #aj1jjj2 7,d7 in subparagraph 7,a77iii71 by striking not less than #c1jjj and not more than #aj1jjj and inserting not less than #aj1jjj and not more than #be1jjj2 and 7,e7 by moving the margin of the continuation text following subparagraph 7,b7 two ems to the left and by amending subparagraph 7,b7 to read as follows3 7,b7 may require the person or entity to take such other remedial action as is appropriate4 2 7#c7 in subsection 7e77#e7-- 7,a7 in the paragraph heading1 strike paperwork2 7,b7 by inserting 1 subject to paragraphs 7#aj7 through 7#ab71 after in an amount2 7,c7 by striking #ajj and inserting #a1jjj2 7,d7 by striking #a1jjj and inserting #be1jjj2 and 7,e7 by adding at the end the following3 ,failure by a person or entity to utilize the employment eligibility verification system as required by law1 or providing information to the system that the person or entity knows or reasonably believes to be false1 shall be treated as a violation of subsection 7a77#a77;,a742 7#d7 by adding at the end of subsection 7e7 the following3 7#aj7 ,exemption from penalty for good faith violation ,in the case of imposition of a civil penalty under paragraph 7#d77;,a7 with respect to a violation of subsection 7a77#a77;,a7 or 7a77#b7 for hiring or continuation of employment or recruitment or referral by person or entity and in the case of imposition of a civil penalty under paragraph 7#e7 for a violation of subsection 7a77#a77;,b7 for hiring or recruitment or referral by a person or entity1 the penalty otherwise imposed may be waived or reduced if the violator establishes that the violator acted in good faith4 7#aa7 ,mitigation element ,for purposes of paragraph 7#d71 the size of the business shall be taken into account when assessing the level of civil money penalty4 7#ab7 ,authority to debar employers for certain violations 7,a7 ,in general ,if a person or entity is determined by the ,secretary of ,homeland ,security to be a repeat violator of paragraph 7#a77;,a7 or 7#b7 of subsection 7a71 or is convicted of a crime under this section1 such person or entity may be considered for debarment from the receipt of ,federal contracts1 grants1 or cooperative agreements in accordance with the debarment standards and pursuant to the debarment procedures set forth in the ,federal ,acquisition ,regulation4 7,b7 ,does not have contract1 grant1 agreement ,if the ,secretary of ,homeland ,security or the ,attorney ,general wishes to have a person or entity considered for debarment in accordance with this paragraph1 and such a person or entity does not hold a ,federal contract1 grant1 or cooperative agreement1 the ,secretary or ,attorney ,general shall refer the matter to the ,administrator of ,general ,services to determine whether to list the person or entity on the ,list of ,parties ,excluded from ,federal ,procurement1 and if so1 for what duration and under what scope4 7,c7 ,has contract1 grant1 agreement ,if the ,secretary of ,homeland ,security or the ,attorney ,general wishes to have a person or entity considered for debarment in accordance with this paragraph1 and such person or entity holds a ,federal contract1 grant1 or cooperative agreement1 the ,secretary or ,attorney ,general shall advise all agencies or departments holding a contract1 grant1 or cooperative agreement with the person or entity of the ,government's interest in having the person or entity considered for debarment1 and after soliciting and considering the views of all such agencies and departments1 the ,secretary or ,attorney ,general may refer the matter to any appropriate lead agency to determine whether to list the person or entity on the ,list of ,parties ,excluded from ,federal ,procurement1 and if so1 for what duration and under what scope4 7,d7 ,review ,any decision to debar a person or entity in accordance with this paragraph shall be reviewable pursuant to part #i4d of the ,federal ,acquisition ,regulation4 7#ac7 ,office for ,state and local government complaints ,the ,secretary of ,homeland ,security shall establish an office-- 7,a7 to which ,state and local government agencies may submit information indicating potential violations of subsection 7a71 7b71 or 7g77#a7 that were generated in the normal course of law enforcement or the normal course of other official activities in the ,state or locality2 7,b7 that is required to indicate to the complaining ,state or local agency within five business days of the filing of such a complaint by identifying whether the ,secretary will further investigate the information provided2 7,c7 that is required to investigate those complaints filed by ,state or local government agencies that1 on their face1 have a substantial probability of validity2 7,d7 that is required to notify the complaining ,state or local agency of the results of any such investigation conducted2 and 7,e7 that is required to report to the ,congress annually the number of complaints received under this paragraph1 the ,states and localities that filed such complaints1 and the resolution of the complaints investigated by the ,secretary4 2 and 7#e7 by amending paragraph 7#a7 of subsection 7f7 to read as follows3 7#a7 ,criminal penalty ,any person or entity which engages in a pattern or practice of violations of subsection 7a7 7#a7 or 7#b7 shall be fined not more than #e1jjj for each unauthorized alien with respect to which such a violation occurs1 imprisoned for not more than #ah months1 or both1 notwithstanding the provisions of any other ,federal law relating to fine levels4 4 #hjh4 ,fraud and misuse of documents ,section #aedf7;b7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by striking identification document1 and inserting identification document or document meant to establish work authorization 7including the documents described in section #bgd;,a7b7 of the ,immigration and ,nationality ,act712 and 7#b7 in paragraph 7#b71 by striking identification document and inserting identification document or document meant to establish work authorization 7including the documents described in section #bgd;,a7b7 of the ,immigration and ,nationality ,act714 #hji4 ,protection of ,social ,security ,administration programs 7a7 ,funding under agreement ,effective for fiscal years beginning on or after ,october #a1 #bjbc1 the ,commissioner of ,social ,security and the ,secretary of ,homeland ,security shall enter into and maintain an agreement which shall-- 7#a7 provide funds to the ,commissioner for the full costs of the responsibilities of the ,commissioner under section #bgd;,a7d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7d771 as amended by section #hjb of this title1 including-- 7,a7 acquiring1 installing1 and maintaining technological equipment and systems necessary for the fulfillment of the responsibilities of the ,commissioner under such section #bgd;,a7d71 but only that portion of such costs that are attributable exclusively to such responsibilities2 and 7,b7 responding to individuals who contest a tentative nonconfirmation provided by the employment eligibility verification system established under such section2 7#b7 provide such funds annually in advance of the applicable quarter based on estimating methodology agreed to by the ,commissioner and the ,secretary 7except in such instances where the delayed enactment of an annual appropriation may preclude such quarterly payments72 and 7#c7 require an annual accounting and reconciliation of the actual costs incurred and the funds provided under the agreement1 which shall be reviewed by the ,inspectors ,general of the ,social ,security ,administration and the ,department of ,homeland ,security4 7b7 ,continuation of employment verification in absence of timely agreement ,in any case in which the agreement required under subsection 7a7 for any fiscal year beginning on or after ,october #a1 #bjbc1 has not been reached as of ,october #a of such fiscal year1 the latest agreement between the ,commissioner and the ,secretary of ,homeland ,security providing for funding to cover the costs of the responsibilities of the ,commissioner under section #bgd;,a7d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7d77 shall be deemed in effect on an interim basis for such fiscal year until such time as an agreement required under subsection 7a7 is subsequently reached1 except that the terms of such interim agreement shall be modified by the ,director of the ,office of ,management and ,budget to adjust for inflation and any increase or decrease in the volume of requests under the employment eligibility verification system4 ,in any case in which an interim agreement applies for any fiscal year under this subsection1 the ,commissioner and the ,secretary shall1 not later than ,october #a of such fiscal year1 notify the ,committee on ,ways and ,means1 the ,committee on the ,judiciary1 and the ,committee on ,appropriations of the ,house of ,representatives and the ,committee on ,finance1 the ,committee on the ,judiciary1 and the ,committee on ,appropriations of the ,senate of the failure to reach the agreement required under subsection 7a7 for such fiscal year4 ,until such time as the agreement required under subsection 7a7 has been reached for such fiscal year1 the ,commissioner and the ,secretary shall1 not later than the end of each #ij-;day period after ,october #a of such fiscal year1 notify such ,committees of the status of negotiations between the ,commissioner and the ,secretary in order to reach such an agreement4 #haj4 ,fraud prevention 7a7 ,blocking misused social security account numbers ,the ,secretary of ,homeland ,security1 in consultation with the ,commissioner of ,social ,security1 shall establish a program in which social security account numbers that have been identified to be subject to unusual multiple use in the employment eligibility verification system established under section #bgd;,a7d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7d771 as amended by section #hjb of this title1 or that are otherwise suspected or determined to have been compromised by identity fraud or other misuse1 shall be blocked from use for such system purposes unless the individual using such number is able to establish1 through secure and fair additional security procedures1 that the individual is the legitimate holder of the number4 7b7 ,allowing suspension of use of certain social security account numbers ,the ,secretary of ,homeland ,security1 in consultation with the ,commissioner of ,social ,security1 shall establish a program which shall provide a reliable1 secure method by which victims of identity fraud and other individuals may suspend or limit the use of their social security account number or other identifying information for purposes of the employment eligibility verification system established under section #bgd;,a7d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7d771 as amended by section #hjb of this title4 ,the ,secretary may implement the program on a limited pilot program basis before making it fully available to all individuals4 7c7 ,allowing parents ,to prevent theft of their child's identity ,the ,secretary of ,homeland ,security1 in consultation with the ,commissioner of ,social ,security1 shall establish a program which shall provide a reliable1 secure method by which parents or legal guardians may suspend or limit the use of the social security account number or other identifying information of a minor under their care for the purposes of the employment eligibility verification system established under #bgd;,a7d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7d771 as amended by section #hjb of this title4 ,the ,secretary may implement the program on a limited pilot program basis before making it fully available to all individuals4 #haa4 ,use of employment eligibility verification photo tool ,an employer who uses the photo matching tool used as part of the ,e-,verify ,system shall match the photo tool photograph to both the photograph on the identity or employment eligibility document provided by the employee and to the face of the employee submitting the document for employment verification purposes4 #hab4 ,identity authentication employment eligibility verification pilot programs ,not later than #bd months after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security1 after consultation with the ,commissioner of ,social ,security and the ,director of the ,national ,institute of ,standards and ,technology1 shall establish by regulation not less than #b ,identity ,authentication ,employment ,eligibility ,verification pilot programs1 each using a separate and distinct technology 7the ,authentication ,pilots74 ,the purpose of the ,authentication ,pilots shall be to provide for identity authentication and employment eligibility verification with respect to enrolled new employees which shall be available to any employer that elects to participate in either of the ,authentication ,pilots4 ,any participating employer may cancel the employer's participation in the ,authentication ,pilot after one year after electing to participate without prejudice to future participation4 ,the ,secretary shall report to the ,committee on the ,judiciary of the ,house of ,representatives and the ,committee on the ,judiciary of the ,senate the ,secretary's findings on the ,authentication ,pilots1 including the authentication technologies chosen1 not later than #ab months after commencement of the ,authentication ,pilots4 #hac4 ,inspector ,general audits 7a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 the ,inspector ,general of the ,social ,security ,administration shall complete audits of the following categories in order to uncover evidence of individuals who are not authorized to work in the ,united ,states3 7#a7 ,workers who dispute wages reported on their social security account number when they believe someone else has used such number and name to report wages4 7#b7 ,children's social security account numbers used for work purposes4 7#c7 ,employers whose workers present significant numbers of mismatched social security account numbers or names for wage reporting4 7b7 ,submission ,the ,inspector ,general of the ,social ,security ,administration shall submit the audits completed under subsection 7a7 to the ,committee on ,ways and ,means of the ,house of ,representatives and the ,committee on ,finance of the ,senate for review of the evidence of individuals who are not authorized to work in the ,united ,states4 ,the ,chairmen of those ,committees shall then determine information to be shared with the ,secretary of ,homeland ,security so that such ,secretary can investigate the unauthorized employment demonstrated by such evidence4 #had4 ,agriculture workforce study ,not later than #cf months after the date of the enactment of this ,act1 the ,secretary of the ,department of ,homeland ,security1 in consultation with the ,secretary of the ,department of ,agriculture1 shall submit to the ,committee on the ,judiciary of the ,house of ,representatives and the ,committee on the ,judiciary of the ,senate1 a report that includes the following3 7#a7 ,the number of individuals in the agricultural workforce4 7#b7 ,the number of ,united ,states citizens in the agricultural workforce4 7#c7 ,the number of aliens in the agricultural workforce who are authorized to work in the ,united ,states4 7#d7 ,the number of aliens in the agricultural workforce who are not authorized to work in the ,united ,states4 7#e7 ,wage growth in each of the previous ten years1 disaggregated by agricultural sector4 7#f7 ,the percentage of total agricultural industry costs represented by agricultural labor during each of the last ten years4 7#g7 ,the percentage of agricultural costs invested in mechanization during each of the last ten years4 7#h7 ,recommendations1 other than a path to legal status for aliens not authorized to work in the ,united ,states1 for ensuring ,united ,states agricultural employers have a workforce sufficient to cover industry needs1 including recommendations to-- 7,a7 increase investments in mechanization2 7,b7 increase the domestic workforce2 and 7,c7 reform the ,h-#b;,a program4 #hae4 ,sense of ,congress on further implementation ,it is the sense of ,congress that in implementing the ,e-,verify ,program1 the ,secretary of ,homeland ,security shall ensure any adverse impact on the ,nation's agricultural workforce1 operations1 and food security are considered and addressed4 #haf4 ,repealing regulations ,the rules relating to ,temporary ,agricultural ,employment of ,h-#b;,a ,nonimmigrants in the ,united ,states 7#hg ,fed4 ,reg4 #faffj 7,oct4 #ab1 #bjbb77 and to ,adverse ,effect ,wage ,rate ,methodology for the ,temporary ,employment of ,h-#b;,a ,nonimmigrants in ,non-,range ,occupations in the ,united ,states 7#hh ,fed4 ,reg4 #abgfj 7,feb4 #bh1 #bjbc77 shall have no force or effect1 may not be reissued in substantially the same form1 and any new rules that are substantially the same as such rules may not be issued4 ,passed the ,house of ,representatives ,may #aa1 #bjbc4;,clerk4