,,ii ,calendar ,no4 #cig #aahth ,,congress #b;d ,session ,s4 #dcfa ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #af1 #bjbd ,mr4 ,murphy introduced the following bill2 which was read the first time ,may #bj1 #bjbd ,read the second time and placed on the calendar ,a ,,bill ,making emergency supplemental appropriations for border security and combatting fentanyl for the fiscal year ending ,september #cj1 #bjbd1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,border ,act of #bjbd4 #b4 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short ,title4 ,sec4 #b4 ,table of ,contents4 ,sec4 #c4 ,references4 ,division ,a--,border ,security and ,combatting ,fentanyl ,supplemental ,appropriations ,act1 #bjbd ,division ,b--,border ,act #c4 ,references ,except as expressly provided otherwise1 any reference to this ,act contained in any division of this ,act shall be treated as referring only to the provisions of that division4 ,a ,,border ,,security ,,and ,,combatting ,,fentanyl ,,supplemental ,,appropriations ,,act1 #bjbd ,the following sums are appropriated1 out of any money in the ,treasury not otherwise appropriated1 for the fiscal year ending ,september #cj1 #bjbd1 and for other purposes1 namely3 ,i ,,department ,,of ,,justice ,executive office for immigration review ,for an additional amount for ,executive ,office for ,immigration ,review1 #ddj1jjj1jjj1 to remain available until ,september #cj1 #bjbf3 ,provided1 ,that of the total amounts provided under this heading in this ,act1 #djd1jjj1jjj shall be for ,immigration ,judge ,teams1 including appropriate attorneys1 law clerks1 paralegals1 court administrators1 and other support staff1 as well as necessary court and adjudicatory costs1 and #cf1jjj1jjj shall be for representation for certain incompetent adults pursuant to section #bdj7;e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a7e773 ,provided further1 ,that not more than #c percent of the funds available for representation for certain incompetent adults in the preceding proviso shall be available for necessary administrative expenses3 ,provided further1 ,that with the exception of immigration judges appointed pursuant to section #ajjc4aj of title #h1 ,code of ,federal ,regulations1 amounts provided under this heading in this ,act for ,immigration ,judge ,teams may not be used to increase the number of permanent positions3 ,provided further1 ,that the ,executive ,office for ,immigration ,review shall submit a spending plan to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate within #de days after the date of enactment of this ,act3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,legal activities ,,salaries ,,and ,,expenses1 ,,general ,,legal ,,activities ,for an additional amount for ,salaries and ,expenses1 ,general ,legal ,activities1 #aa1hjj1jjj1 to remain available until ,september #cj1 #bjbf1 for necessary expenses of the ,criminal ,division associated with the ,joint ,task ,force ,alpha's efforts to combat human trafficking and smuggling in the ,western ,hemisphere3 ,provided1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,united states marshals service ,,federal ,,prisoner ,,detention ,for an additional amount for ,united ,states ,marshals ,service--,federal ,prisoner ,detention1 #baj1jjj1jjj1 to remain available until expended1 for detention costs due to enforcement activities along the southern and northern borders3 ,provided1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,federal bureau of investigation ,,salaries ,,and ,,expenses ,for an additional amount for ,federal ,bureau of ,investigation--,salaries and ,expenses1 #bjd1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for expenses related to the analysis of ,,dna samples1 including those samples collected from migrants detained by the ,united ,states ,border ,patrol3 ,provided1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,drug enforcement administration ,,salaries ,,and ,,expenses ,for an additional amount for ,drug ,enforcement ,administration--,salaries and ,expenses1 #bc1bjj1jjj1 to remain available until ,september #cj1 #bjbf1 to enhance laboratory analysis of illicit fentanyl samples to trace illicit fentanyl supplies back to manufacturers1 to support ,operation ,overdrive1 and to bolster criminal drug network targeting efforts through data system improvements3 ,provided1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,ii ,,department ,,of ,,homeland ,,security ,,departmental ,,management1 ,,intelligence1 ,,situational ,,awareness1 ,,and ,,oversight ,office of the secretary and executive management ,,operations ,,and ,,support ,for an additional amount for ,office of the ,secretary and ,executive ,management--,operations and ,support1 #cc1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 of which #cj1jjj1jjj shall be for necessary expenses relating to monitoring1 recording1 analyzing1 public reporting on1 and projecting migration flows and the impacts policy changes and funding have on flows and related resource requirements for border security1 immigration enforcement1 and immigration services and of which #c1jjj1jjj shall be for the ,office of the ,immigration ,detention ,ombudsman for reporting and oversight relating to expanded detention capacity3 ,provided1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,security1 ,,enforcement1 ,,and ,,investigations ,u4,s4 ,customs and border protection ,,operations ,,and ,,support 7,,including ,,transfer ,,of ,,funds7 ,for an additional amount for ,u4,s4 ,customs and ,border ,protection--,operations and ,support1 #d1jja1bci1jjj1 to remain available until ,september #cj1 #bjbf3 ,provided1 ,that of the total amount provided under this heading in this ,act1 #b1jia1cfc1jjj shall be for operational requirements relating to migration surges along the southwest border1 counter-fentanyl activities1 necessary expenses at ports of entry1 reimbursement to the ,department of ,defense for border operations support1 and other related expenses2 #a1acd1hgf1jjj shall be for the hiring of ,u4,s4 ,customs and ,border ,protection personnel2 #be1jjj1jjj shall be for familial ,,dna testing2 and #gej1jjj1jjj shall be transferred to ,federal ,emergency ,management ,agency--,federal ,assistance to support sheltering and related activities provided by non-,federal entities through the ,shelter and ,services ,program3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,procurement1 ,,construction1 ,,and ,,improvements ,for an additional amount for ,u4,s4 ,customs and ,border ,protection--,procurement1 ,construction1 and ,improvements1 #b1ccd1jjj1jjj1 to remain available until ,september #cj1 #bjbg3 ,provided1 ,that of the total amount provided under this heading in this ,act1 #b1jjj1jjj1jjj shall be for acquisition and deployment of non-intrusive inspection technology1 #bfj1jjj1jjj shall be for acquisition and deployment of border security technology1 and #gd1jjj1jjj shall be for acquisition and deployment of air assets3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,u4,s4 ,immigration and customs enforcement ,,operations ,,and ,,support ,for an additional amount for ,u4,s4 ,immigration and ,customs ,enforcement--,operations and ,support1 #f1jdc1hgf1jjj1 to remain available until ,september #cj1 #bjbf3 ,provided1 ,that of the total amount provided under this heading in this ,act1 #a1fga1fad1jjj shall be for increased custodial detention capacity1 #b1dfe1fdc1jjj shall be for increased removal flights and related activities1 including short-term staging facilities1 #dae1geb1jjj shall be for hiring ,u4,s4 ,immigration and ,customs ,enforcement personnel1 #bjc1gfe1jjj shall be for counter fentanyl investigations and enforcement1 and #a1bhg1ajb1jjj shall be for increased enrollment capabilities and related activities within the ,alternatives to ,detention program3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,protection1 ,,preparedness1 ,,response1 ,,and ,,recovery ,federal emergency management agency ,,federal ,,assistance ,for an additional amount for ,federal ,emergency ,management ,agency--,federal ,assistance1 #ajj1jjj1jjj1 to remain available until ,september #cj1 #bjbe1 for ,operation ,stonegarden3 ,provided1 ,that not less than #be percent of the total amount provided under this heading in this ,act shall be for ,states other than those located along the southwest border3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,research1 ,,development1 ,,training1 ,,and ,,services ,u4,s4 ,citizenship and immigration services ,,operations ,,and ,,support ,for an additional amount for ,u4,s4 ,citizenship and ,immigration ,services--,operations and ,support1 #c1iie1hdb1jjj1 to remain available until ,september #cj1 #bjbf3 ,provided1 ,that of the total amount provided under this heading in this ,act1 #c1chc1bfb1jjj shall be for hiring and associated costs1 #aab1ehj1jjj shall be for non-personnel operations1 including transcription services1 and #ejj1jjj1jjj shall be for facilities3 ,provided further1 ,that such amounts shall be in addition to any other amounts made available for such purposes1 and shall not be construed to require any reduction of any fee described in section #bhf7m7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acef7m773 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,federal law enforcement training centers ,,operations ,,and ,,support ,for an additional amount for ,federal ,law ,enforcement ,training ,centers--,operations and ,support1 #ej1gjc1jjj1 to remain available until ,september #cj1 #bjbf3 ,provided1 ,that of the total amount provided under this heading in this ,act1 #di1fjc1jjj shall be for training-related expenses1 to include instructors1 tuition1 and overhead costs associated with the delivery of basic law enforcement training and #a1ajj1jjj shall be for the necessary mission support activities and facility maintenance required for law enforcement training3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,general ,,provisions--,,this ,,title #bja4 7a7 ,the ,secretary shall1 by ,march #a1 #bjbe1 and quarterly thereafter1 provide to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate a report describing changes in performance metrics and operational capabilities relating to border security1 immigration enforcement1 and immigration services1 and the relationship of those changes to actual and projected encounters on the southwest border4 7b7 ,the report required by subsection 7a7 shall also include an analytic assessment of how policy changes and resources provided in this title of this ,act impact efficiencies and resource needs for-- 7#a7 other programs within the ,department2 and 7#b7 other ,federal ,departments and agencies4 #bjb4 7a7 ,amounts made available in this ,act under the heading ,u4,s4 ,customs and ,border ,protection--,procurement1 ,construction1 and ,improvements for acquisition and deployment of border security technology shall be available only as follows3 7#a7 #agj1jjj1jjj for the procurement and deployment of autonomous surveillance towers systems in locations that are not currently covered by such systems or technology1 as defined in subsection 7d72 7#b7 #dg1ejj1jjj for the procurement and deployment of mobile surveillance capabilities1 including mobile video surveillance systems and for obsolete mobile surveillance equipment replacement1 counter-,,uas1 and small unmanned aerial systems2 7#c7 #be1jjj1jjj for subterranean detection capabilities2 7#d7 #g1ejj1jjj for seamless integrated communications to extend connectivity for ,border ,patrol agents2 and 7#e7 #aj1jjj1jjj for the acquisition of data from long duration unmanned surface vehicles in support of maritime border security4 7b7 ,none of the funds available under subsection 7a77#a7 shall be used for the procurement or deployment of border security technology that is not autonomous4 7c7 ,for the purposes of this section1 autonomous and autonomous surveillance tower systems are defined as integrated software and_/or hardware systems that utilize sensors1 onboard computing1 and artificial intelligence to identify items of interest that would otherwise be manually identified by personnel4 7d7 ,not later than #ij days after the date of enactment of this ,act1 and monthly thereafter1 ,u4,s4 ,customs and ,border ,protection shall provide to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate an expenditure plan for the use of the funds available under subsection 7a77#a7 and such expenditure plan shall include the following3 7#a7 the number and type of systems that will be procured2 7#b7 the ,u4,s4 ,border ,patrol sectors where each system will be deployed2 7#c7 a timeline for system deployments1 including a timeline for securing necessary approvals and land rights2 7#d7 estimated annual sustainment costs for the systems2 and 7#e7 other supporting information4 #bjc4 7a7 ,amounts made available in this ,act under the heading ,u4,s4 ,customs and ,border ,protection--,procurement1 ,construction1 and ,improvements for acquisition and deployment of non-intrusive inspection technology shall be available only through an open competition occurring after the date of enactment of this ,act to acquire innovative technologies that improve performance1 including through the integration of artificial intelligence and machine learning capabilities4 7b7 ,beginning on ,march #a1 #bjbe1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall provide to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate a quarterly update on the impacts of deployments of additional non-intrusive inspection technology on key performance metrics and operational capabilities and such expenditure plan shall include the following3 7#a7 the percentage of passenger and cargo vehicles scanned2 7#b7 the percentage of seizures of narcotics1 currency1 weapons1 and ammunition1 and other illicit items at inbound and outbound operations at ports of entry1 checkpoints1 and other locations as applicable2 and 7#c7 the impact on ,u4,s4 ,customs and ,border ,protection workforce requirements resulting from the deployment of additional non-intrusive inspection technology4 #bjd4 7a7 ,not later than #cj days after the date of enactment of this ,act1 the ,under ,secretary for ,management at the ,department of ,homeland ,security shall provide to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate an expenditure and hiring plan for amounts made available in this title of this ,act4 7b7 ,the plan required in subsection 7a7 shall not apply to funds made available in this ,act under the heading ,federal ,emergency ,management ,agency--,federal ,assistance or to funds transferred by this ,act to such heading4 7c7 ,the plan required in subsection 7a7 shall be updated and submitted to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate every #cj days and no later than the #eth day of each month to reflect changes to the plan and expenditures of funds until all funds made available in this title of this ,act are expended or have expired4 7d7 ,none of the funds made available in this title of this ,act may be obligated prior to the submission of such plan4 #bje4 ,the remaining unobligated balances1 as of the date of enactment of this ,act1 from amounts made available under the heading ,u4,s4 ,customs and ,border ,protection--,procurement1 ,construction1 and ,improvements in division ,d of the ,consolidated ,appropriations ,act1 #bjbj 7,public ,law #aaf-ic7 and described in section #bji7;a77#a7 of such division of that ,act and division ,f of the ,consolidated ,appropriations ,act1 #bjba 7,public ,law #aaf-bfj7 and described in section #baj of such division of that ,act are hereby rescinded1 and an amount of additional new budget authority equivalent to the amount rescinded pursuant to this section is hereby appropriated1 for an additional amount for fiscal year #bjbd1 to remain available until ,september #cj1 #bjbh1 and shall be available for the same purposes and under the same authorities and conditions for which such amounts were originally provided in such ,acts3 ,provided1 ,that none of the funds allocated for pedestrian physical barriers pursuant to this section may be made available for any purpose other than the construction of steel bollard pedestrian barrier built at least #ah to #cj feet in effective height and augmented with anti-climb and anti-dig features3 ,provided further1 ,that for purposes of this section1 the term effective height refers to the height above the level of the adjacent terrain features3 ,provided further1 ,that none of the funds allocated for pedestrian physical barriers pursuant to this section may be made available for any purpose other than construction of pedestrian barriers consistent with the description in the first proviso at locations identified in the ,border ,security ,improvement ,plan submitted to ,congress on ,august #a1 #bjbj3 ,provided further1 ,that the ,commissioner of ,u4,s4 ,customs and ,border ,protection may reprioritize the construction of physical barriers outlined in the ,border ,security ,improvement ,plan and1 with prior approval of the ,committees on ,appropriations of the ,house of ,representatives and the ,senate1 add additional miles of pedestrian physical barriers where no such barriers exist1 prioritized by operational requirements developed in coordination with ,u4,s4 ,border ,patrol leadership3 ,provided further1 ,that within #ahj days of the date of enactment of this ,act1 the ,secretary shall submit a report to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate detailing how the funds will be used1 by sector1 to include the number of miles to be built3 ,provided further1 ,that none of the funds made available pursuant to this section shall be available for obligation until the ,secretary submits the report detailed in the preceding proviso4 #bjf4 7a7 ,not later than #fj days after the date of the enactment of this ,act and monthly thereafter1 the ,director of ,u4,s4 ,immigration and ,customs ,enforcement 7in this section1 referred to as the ,director7 shall provide to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate data detailing the number of weekly removal flights conducted by ,u4,s4 ,immigration and ,customs ,enforcement1 the cost per flight1 the number of individuals by nationality on each flight1 the average length of time by nationality between when the individual was removed and when the individual's final order of removal was issued1 and the number of empty seats on each flight4 7b7 ,the ,director shall also provide to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate data detailing the number of voluntary repatriations coordinated by ,u4,s4 ,immigration and ,customs ,enforcement1 the costs associated with each repatriation1 the number of individuals by nationality1 the average length of time by nationality between when the individual was removed and when the individual's final order of removal was issued1 and the number of individuals that have opted into this program still awaiting repatriation4 #bjg4 7a7 ,not later than #cj days after the date of enactment of this ,act and weekly thereafter1 the ,director of ,u4,s4 ,immigration and ,customs ,enforcement 7in this section referred to as the ,director7 shall provide to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate a plan to increase custodial detention capacity using the funds provided for such purpose in this title of this ,act1 until such funds are expended4 7b7 ,the plan required by subsection 7a7 shall also include data on all detention capacity to which ,u4,s4 ,immigration and ,customs ,enforcement has access but cannot use1 the reason that the capacity cannot be used1 and a course of action for mitigating utilization issues4 7c7 ,the ,director shall provide notice to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate in the plan required by subsection 7a7 of any planned facility acquisitions1 cost data1 utilization rates1 increase of average daily population1 and notice of any termination or reduction of a contract for detention space1 whether such actions are funded by this ,act or any other ,act for this or prior fiscal years4 7d7 ,the ,director shall notify the ,committees on ,appropriations of the ,house of ,representatives and the ,senate not less than #cj days prior to the planned date of a contract termination or implementation of a reduction in detention capacity4 #bjh4 ,none of the funds provided in this title of this ,act for ,u4,s4 ,immigration and ,customs ,enforcement--,operations ,support may be used for community-based residential facilities4 #bji4 7a7 ,prior to the ,secretary of ,homeland ,security 7in this section referred to as the ,secretary7 requesting assistance from the ,department of ,defense for border security operations1 the ,secretary shall ensure that an alternatives analysis and cost-benefit analysis is conducted that includes data on the cost effectiveness of obtaining such assistance from the ,department of ,defense in lieu of other options4 7b7 ,the ,secretary shall submit to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate1 a report detailing the types of support sought by the ,secretary in any request for assistance from the ,department of ,defense for border security operations and the operational impact of such request on ,department of ,homeland ,security operations within #cj days of the date of enactment of this ,act and quarterly thereafter4 7c7 ,the ,secretary shall include with the data requested in subsection 7b7 the results of the alternatives analysis and cost-benefit analysis required under subsection 7a74 #baj4 ,eligibility for funding made available by this title of this ,act for transfer from ,u4,s4 ,customs and ,border ,protection--,operations and ,support to ,federal ,emergency ,management ,agency--,federal ,assistance for the ,shelter and ,services ,program shall not be limited to entities that previously received or applied for funding for the ,shelter and ,services ,program or the ,emergency ,food and ,shelter-,humanitarian program4 #baa4 ,of the total amount provided under the heading ,u4,s4 ,customs and ,border ,protection--,operations and ,support in this title of this ,act for transfer to ,federal ,emergency ,management ,agency--,federal ,assistance for the ,shelter and ,services ,program-- 7#a7 not more than #ejj1jjj1jjj shall be available for transfer immediately upon enactment of this ,act2 7#b7 an additional #ahh1jjj1jjj shall be available for transfer upon submission of a written certification by the ,secretary of ,homeland ,security1 to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate1 that ,u4,s4 ,immigration and ,customs ,enforcement has-- 7,a7 the ability to detain #df1ejj individuals and has increased the total number of ,enforcement and ,removal ,operations deportation officers by #bjj above the current on board levels as of the date of enactment of this ,act2 7,b7 increased the total number of ,u4,s4 ,customs and ,border ,protection officers by #bjj above the current on board levels as of the date of enactment of this ,act2 and 7,c7 increased the total number of ,u4,s4 ,citizenship and ,immigration ,services asylum officers by #hjj above the current on board levels as of the date of enactment of this ,act2 and 7#c7 an additional #fb1jjj1jjj shall be available for transfer upon submission of a written certification by the ,secretary of ,homeland ,security1 to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate1 that ,u4,s4 ,immigration and ,customs ,enforcement has-- 7,a7 conducted a total of #a1ejj removal flights since the date of enactment of this ,act2 and 7,b7 ensured that at least #ge percent of ,border ,patrol agents assigned to duty along the southwest land border have been trained on the procedures included in sections #bce;,b and #bdd;,b of the ,immigration and ,nationality ,act4 ,,iii ,,department ,,of ,,health ,,and ,,human ,,services ,administration for children and families ,,refugee ,,and ,,entrant ,,assistance ,for an additional amount for ,refugee and ,entrant ,assistance1 #cej1jjj1jjj1 to remain available until expended1 for carrying out section #bce7;c77#e77;,b7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7;c77#e77;,b773 ,provided1 ,that for the purposes of carrying out such section the ,secretary of ,health and ,human ,services may use amounts made available under this heading in this ,act to award grants to1 or enter into contracts with1 public1 private1 or nonprofit organizations1 including ,states3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,iv ,,department ,,of ,,state ,,and ,,related ,,agency ,,bilateral ,,economic ,,assistance ,funds appropriated to the president ,,international ,,disaster ,,assistance ,for an additional amount for ,international ,disaster ,assistance1 #hej1jjj1jjj1 to remain available until expended1 to address humanitarian needs in the ,western ,hemisphere3 ,provided1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,economic ,,support ,,fund ,for an additional amount for ,economic ,support ,fund1 #dae1jjj1jjj1 to remain available until ,september #cj1 #bjbf3 ,provided1 ,that of the total amount made available under this heading in this ,act1 #bcj1jjj1jjj shall be made available to increase foreign country capacity to accept and integrate returned and removed individuals1 which shall be administered in consultation with the ,secretary of ,homeland ,security1 including to address partner government requests that enable the achievement of such objectives1 as appropriate3 ,provided further1 ,that of the total amount made available under this heading in this ,act1 #ahe1jjj1jjj shall be made available to reduce irregular migration within the ,western ,hemisphere3 ,provided further1 ,that prior to the obligation of funds made available pursuant to the preceding proviso that are made available to support the repatriation operations of a foreign government1 the ,secretary of ,state shall submit to the appropriate congressional committees a monitoring and oversight plan for the use of such funds1 and such funds shall be subject to prior consultation with such committees and the regular notification procedures of the ,committees on ,appropriations3 ,provided further1 ,that the ,secretary of ,state shall submit to such committees the text of any agreements or awards related to such operations1 which may include documents submitted in classified form1 as appropriate1 including any agreement with a foreign government1 nongovernment entity1 or international organization1 as applicable1 not later than #e days after the effective date of such document3 ,provided further1 ,that funds appropriated under this heading in this ,act may be made available as contributions3 ,provided further1 ,that funds appropriated under this heading in this ,act shall not be used to support the refoulement of migrants or refugees3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,international ,,security ,,assistance ,department of state ,,international ,,narcotics ,,control ,,and ,,law ,,enforcement ,for an additional amount for ,international ,narcotics ,control and ,law ,enforcement1 #be1jjj1jjj1 to remain available until ,september #cj1 #bjbe1 to counter the flow of fentanyl1 fentanyl precursors1 and other synthetic drugs into the ,united ,states1 following consultation with the ,committees on ,appropriations3 ,provided1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe44 ,v ,,general ,,provisions--,,this ,,act #eja4 ,each amount appropriated or made available by this ,act is in addition to amounts otherwise appropriated for the fiscal year involved4 #ejb4 ,no part of any appropriation contained in this ,act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein4 #ejc4 ,unless otherwise provided for by this ,act1 the additional amounts appropriated by this ,act to appropriations accounts shall be available under the authorities and conditions applicable to such appropriations accounts for fiscal year #bjbd4 #ejd4 ,each amount designated in this ,act by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe shall be available 7or repurposed or rescinded1 if applicable7 only if the ,president subsequently so designates all such amounts and transmits such designations to the ,congress4 #eje4 ,any amount appropriated by this ,act1 designated by the ,congress as an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe1 and subsequently so designated by the ,president1 and transferred pursuant to transfer authorities provided by this ,act shall retain such designation4 ,this division may be cited as the ,border ,security and ,combatting ,fentanyl ,supplemental ,appropriations ,act1 #bjbd4 ,b ,border ,act #a4 ,short title2 table of contents 7a7 ,short title ,this division may be cited as the ,border ,act4 7b7 ,table of contents ,the table of contents for this division is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,definitions4 ,,title ,i--,capacity building ,subtitle ,a--,hiring1 training1 and systems modernization ,chapter #a--;,hiring authorities ,sec4 #aja4 ,,uscis direct hire authority4 ,sec4 #ajb4 ,,ice direct hire authority4 ,sec4 #ajc4 ,reemployment of civilian retirees to meet exceptional employment needs4 ,sec4 #ajd4 ,establishment of special pay rate for asylum officers4 ,chapter #b--;,hiring waivers ,sec4 #aaa4 ,hiring flexibility4 ,sec4 #aab4 ,supplemental ,commissioner authority and definitions4 ,chapter #c--;,alternatives to detention improvements and training for ,u4,s4 ,border ,patrol ,sec4 #aba4 ,alternatives to detention improvements4 ,sec4 #abb4 ,training for ,u4,s4 ,border ,patrol4 ,chapter #d--,modernizing notices to appear ,sec4 #aca4 ,electronic notices to appear4 ,sec4 #acb4 ,authority to prepare and issue notices to appear4 ,subtitle ,b--,asylum processing at the border ,sec4 #ada4 ,provisional noncustodial removal proceedings4 ,sec4 #adb4 ,protection merits removal proceedings4 ,sec4 #adc4 ,voluntary departure after noncustodial processing2 withdrawal of application for admission4 ,sec4 #add4 ,voluntary repatriation4 ,sec4 #ade4 ,immigration ,examinations ,fee ,account4 ,sec4 #adf4 ,border reforms4 ,sec4 #adg4 ,protection ,appellate ,board4 ,,title ,,ii--,asylum processing enhancements ,sec4 #bja4 ,combined screenings4 ,sec4 #bjb4 ,credible fear standard and asylum bars at screening interview4 ,sec4 #bjc4 ,internal relocation4 ,sec4 #bjd4 ,asylum officer clarification4 ,,title ,,iii--,securing ,america ,subtitle ,a--,border emergency authority ,sec4 #cja4 ,border emergency authority4 ,subtitle ,b--,fulfilling promises to ,afghan allies ,sec4 #caa4 ,definitions4 ,sec4 #cab4 ,support for ,afghan allies outside the ,united ,states4 ,sec4 #cac4 ,conditional permanent resident status for eligible individuals4 ,sec4 #cad4 ,refugee processes for certain at-risk ,afghan allies4 ,sec4 #cae4 ,improving efficiency and oversight of refugee and special immigrant processing4 ,sec4 #caf4 ,support for certain vulnerable ,afghans relating to employment by or on behalf of the ,united ,states4 ,sec4 #cag4 ,support for allies seeking resettlement in the ,united ,states4 ,sec4 #cah4 ,reporting4 ,,title ,,iv--,promoting legal immigration ,sec4 #dja4 ,employment authorization for fiancs1 fiances1 spouses1 and children of ,united ,states citizens and specialty workers4 ,sec4 #djb4 ,additional visas4 ,sec4 #djc4 ,children of long-term visa holders4 ,sec4 #djd4 ,military naturalization modernization4 ,sec4 #dje4 ,temporary family visits4 ,,title ,v--,self-sufficiency and due process ,subtitle ,a--,work authorizations ,sec4 #eja4 ,work authorization4 ,sec4 #ejb4 ,employment eligibility4 ,subtitle ,b--,protecting due process ,sec4 #eaa4 ,access to counsel4 ,sec4 #eab4 ,counsel for certain unaccompanied alien children4 ,sec4 #eac4 ,counsel for certain incompetent individuals4 ,sec4 #ead4 ,conforming amendment4 ,,title ,,vi--,accountability and metrics ,sec4 #fja4 ,employment authorization compliance4 ,sec4 #fjb4 ,legal access in custodial settings4 ,sec4 #fjc4 ,credible fear and protection determinations4 ,sec4 #fjd4 ,publication of operational statistics by ,u4,s4 ,customs and ,border ,protection4 ,sec4 #fje4 ,utilization of parole authorities4 ,sec4 #fjf4 ,accountability in provisional removal proceedings4 ,sec4 #fjg4 ,accountability in voluntary repatriation1 withdrawal1 and departure4 ,sec4 #fjh4 ,,gao analysis of immigration judge and asylum officer decision-making regarding asylum1 withholding of removal1 and protection under the ,convention ,against ,torture4 ,sec4 #fji4 ,report on counsel for unaccompanied alien children4 ,sec4 #faj4 ,recalcitrant countries4 ,,title ,,vii--,other matters ,sec4 #gja4 ,severability4 ,,title ,,viii--,budgetary effects ,sec4 #hja4 ,budgetary effects4 #b4 ,definitions ,in this division3 7#a7 ,appropriate committees of ,congress ,except as otherwise explicitly provided1 the term appropriate committees of ,congress means-- 7,a7 the ,committee on ,appropriations of the ,senate2 7,b7 the ,committee on the ,judiciary of the ,senate2 7,c7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,d7 the ,committee on ,appropriations of the ,house of ,representatives2 7,e7 the ,committee on the ,judiciary of the ,house of ,representatives2 and 7,f7 the ,committee on ,homeland ,security of the ,house of ,representatives4 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4 ,i ,capacity building ,a ,hiring1 training1 and systems modernization #a ,hiring authorities #aja4 ,,uscis direct hire authority 7a7 ,in general ,the ,secretary may appoint1 without regard to the provisions of sections #ccji through #ccai of title #e1 ,united ,states ,code1 candidates needed for positions within the ,refugee1 ,asylum and ,international ,operations ,directorate1 the ,field ,operations ,directorate1 and the ,service ,center ,operations ,directorate of ,u4,s4 ,citizenship and ,immigration ,services for which-- 7#a7 public notice has been given2 7#b7 the ,secretary has determined that a critical hiring need exists2 and 7#c7 the ,secretary has consulted with the ,director of the ,office of ,personnel ,management regarding-- 7,a7 the positions for which the ,secretary plans to recruit2 7,b7 the quantity of candidates ,secretary is seeking2 and 7,c7 the assessment and selection policies the ,secretary plans to utilize4 7b7 ,definition of critical hiring need ,in this section1 the term critical hiring need means personnel necessary for the implementation of this division and associated work4 7c7 ,reporting ,not later than #a year after the date of enactment of this ,act1 and annually thereafter for the following #d years1 the ,secretary1 in consultation with the ,director of the ,office of ,personnel ,management1 shall submit to ,congress a report that includes-- 7#a7 demographic data1 including veteran status1 regarding individuals hired pursuant to the authority under subsection 7a72 7#b7 salary information of individuals hired pursuant to such authority2 and 7#c7 how the ,department of ,homeland ,security exercised such authority consistently with merit system principles4 7d7 ,sunset ,the authority to make an appointment under this section shall terminate on the date that is #e years after the date of the enactment of this ,act4 #ajb4 ,,ice direct hire authority 7a7 ,in general ,the ,secretary may appoint1 without regard to the provisions of sections #ccji through #ccai of title #e1 ,united ,states ,code1 candidates needed for positions within ,enforcement and ,removal ,operations of ,u4,s4 ,immigration and ,customs ,enforcement as a deportation officer or with duties exclusively relating to the ,enforcement and ,removal1 ,custody ,operations1 ,alternatives to ,detention1 or ,transportation and ,removal program for which-- 7#a7 public notice has been given2 7#b7 the ,secretary has determined that a critical hiring need exists2 and 7#c7 the ,secretary has consulted with the ,director of the ,office of ,personnel ,management regarding-- 7,a7 the positions for which the ,secretary plans to recruit2 7,b7 the quantity of candidates the ,secretary is seeking2 and 7,c7 the assessment and selection policies the ,secretary plans to utilize4 7b7 ,definition of critical hiring need ,in this section1 the term critical hiring need means personnel necessary for the implementation of this division and associated work4 7c7 ,reporting ,not later than #a year after the date of the enactment of this ,act1 and annually thereafter for the following #d years1 the ,secretary1 in consultation with the ,director of the ,office of ,personnel ,management1 shall submit to ,congress a report that includes-- 7#a7 demographic data1 including veteran status1 regarding individuals hired pursuant to the authority under subsection 7a72 7#b7 salary information of individuals hired pursuant to such authority2 and 7#c7 how the ,department of ,homeland ,security exercised such authority consistently with merit system principles4 7d7 ,sunset ,the authority to make an appointment under this section shall terminate on the date that is #e years after the date of the enactment of this ,act4 #ajc4 ,reemployment of civilian retirees to meet exceptional employment needs 7a7 ,authority ,the ,secretary1 after consultation with the ,director of the ,office of ,personnel ,management1 may waive1 with respect to any position in ,u4,s4 ,immigration and ,customs ,enforcement1 ,u4,s4 ,customs and ,border ,protection1 or ,u4,s4 ,citizenship and ,immigration ,services1 the application of section #hcdd or #hdfh of title #e1 ,united ,states ,code1 on a case-by-case basis1 for employment of an annuitant in a position necessary to implement this division and associated work1 for which there is exceptional difficulty in recruiting or retaining a qualified employee1 or when a temporary emergency hiring need exists4 7b7 ,procedures ,the ,secretary1 after consultation with the ,director of the ,office of ,personnel ,management1 shall prescribe procedures for the exercise of the authority under subsection 7a71 including procedures for a delegation of authority4 7c7 ,annuitants not treated as employees for purposes of retirement benefits ,an employee for whom a waiver under this section is in effect shall not be considered an employee for purposes of subchapter ,,iii of chapter #hc or chapter #hd of title #e1 ,united ,states ,code4 #ajd4 ,establishment of special pay rate for asylum officers 7a7 ,in general ,subchapter ,,iii of chapter #ec of title #e1 ,united ,states ,code1 is amended by inserting after section #eccb the following3 #eccb;a4 ,special base rates of pay for asylum officers 7a7 ,definitions ,in this section-- 7#a7 the term asylum officer has the meaning given such term in section #bce7;b77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe7;b77#a772 7#b7 the term ,general ,schedule base rate means an annual rate of basic pay established under section #eccb before any additions1 such as a locality-based comparability payment under section #ecjd or #ecjd;a or a special rate supplement under section #ecje2 and 7#c7 the term special base rate means an annual rate of basic pay payable to an asylum officer1 before any additions or reductions1 that replaces the ,general ,schedule base rate otherwise applicable to the asylum officer and that is administered in the same manner as a ,general ,schedule base rate4 7b7 ,special base rates of pay 7#a7 ,entitlement to special rate ,notwithstanding section #eccb1 an asylum officer is entitled to a special base rate at grades #a through #ae1 which shall-- 7,a7 replace the otherwise applicable ,general ,schedule base rate for the asylum officer2 7,b7 be basic pay for all purposes1 including the purpose of computing a locality-based comparability payment under section #ecjd or #ecjd;a2 and 7,c7 be computed as described in paragraph 7#b7 and adjusted at the time of adjustments in the ,general ,schedule4 7#b7 ,computation ,the special base rate for an asylum officer shall be derived by increasing the otherwise applicable ,general ,schedule base rate for the asylum officer by #ae percent for the grade of the asylum officer and rounding the result to the nearest whole dollar4 4 7b7 ,clerical amendment ,the table of sections for subchapter ,,iii of chapter #ec of title #e1 ,united ,states ,code1 is amended by inserting after the item relating to section #eccb the following3 #eccb;a4 ,special base rates of pay for asylum officers4 4 7c7 ,effective date ,the amendments made by this section shall take effect on the first day of the first applicable pay period beginning #cj days after the date of the enactment of this ,act4 #b ,hiring waivers #aaa4 ,hiring flexibility 7a7 ,in general ,section #c of the ,anti-,border ,corruption ,act of #bjaj 7#f ,u4,s4,c4 #bba7 is amended by striking subsection 7b7 and inserting the following new subsections3 7b7 ,waiver authority ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection may waive the application of subsection 7a77#a7 in the following circumstances3 7#a7 ,in the case of a current1 full-time law enforcement officer employed by a ,state or local law enforcement agency1 if such officer-- 7,a7 has served as a law enforcement officer for not fewer than three years with no break in service2 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 7,c7 is not currently under investigation1 does not have disciplinary1 misconduct1 or derogatory records1 has not been found to have engaged in a criminal offense or 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 has1 within the past ten years1 successfully completed a polygraph examination as a condition of employment with such officer's current law enforcement agency4 7#b7 ,in the case of a current1 full-time ,federal law enforcement officer1 if such officer-- 7,a7 has served as a law enforcement officer for not fewer than three years with no break in service2 7,b7 has authority 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 does not have disciplinary1 misconduct1 or derogatory records1 has not been found to have engaged in a criminal offense or 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 background investigation1 in accordance with current standards required for access to ,top ,secret or ,top ,secret_/,sensitive ,compartmented ,information4 7#c7 ,in the case of an individual who is 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 ,top ,secret or ,top ,secret_/,sensitive ,compartmented ,information clearance2 7,c7 holds1 or has undergone within the past five years1 a current background investigation in accordance with current standards required for access to ,top ,secret or ,top ,secret_/,sensitive ,compartmented ,information2 7,d7 received1 or is eligible to receive1 an honorable discharge from service in the ,armed ,forces1 has not engaged in a criminal offense1 has not committed a military offense under the ,uniform ,code of ,military ,justice1 and does not have disciplinary1 misconduct1 or derogatory records2 and 7,e7 was not granted any waivers to obtain the clearance referred to subparagraph 7,b74 7c7 ,termination of waiver authority ,the authority to issue a waiver under subsection 7b7 shall terminate on ,september #cj1 #bjbg4 4 7b7 ,reinstatement ,upon termination of the waiver authority under subsection 7b7 of section #c of the ,anti-,border ,corruption ,act of #bjaj 7#f ,u4,s4,c4 #bba71 as amended by subsection 7a71 the text of section #c7;b7 of the ,anti-,border ,corruption ,act of #bjaj 7#f ,u4,s4,c4 #bba7;b77 shall be reinstated as it appeared on the day before the date of the enactment of this ,act4 #aab4 ,supplemental ,commissioner authority and definitions 7a7 ,supplemental commissioner authority ,section #d of the ,anti-,border ,corruption ,act of #bjaj 7,public ,law #aaa-cgf7 is amended to read as follows3 #d4 ,supplemental ,commissioner authority 7a7 ,non-exemption ,an individual who receives a waiver under subsection 7b7 of section #c is not exempt from 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 ,any individual who receives a waiver under subsection 7b7 of section #c who holds a background investigation in accordance with current standards required for access to ,top ,secret or ,top ,secret_/,sensitive ,compartmented ,information shall be subject to an appropriate 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 subsection 7b7 of section #c if information is discovered prior to 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 4 7b7 ,report ,the ,anti-,border ,corruption ,act of #bjaj 7,public ,law #aaa-cgf2 #abd ,stat4 #dajd7 is amended by adding at the end the following new section3 #e4 ,reporting requirements 7a7 ,annual report ,not later than one year after the date of the enactment of this section1 and annually thereafter for three years1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall submit a report to ,congress that includes1 with respect to the reporting period-- 7#a7 the number of waivers granted and denied under section #c7;b72 7#b7 the reasons for any denials of such waiver2 7#c7 the percentage of applicants who were hired after receiving a waiver2 7#d7 the number of instances that a polygraph was administered to an applicant who initially received a waiver and the results of such polygraph2 7#e7 an assessment of the current impact of the polygraph waiver program on filling law enforcement positions at ,u4,s4 ,customs and ,border ,protection2 7#f7 additional authorities needed by ,u4,s4 ,customs and ,border ,protection to better utilize the polygraph waiver program for its intended goals2 and 7#g7 any disciplinary actions taken against law enforcement officers hired under the waiver authority authorized under section #c7;b74 7b7 ,additional information ,the first report submitted under subsection 7a7 shall include-- 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 employees for suitability2 and 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 4 7c7 ,,gao report ,the ,anti-,border ,corruption ,act of #bjaj 7,public ,law #aaa-cgf2 #abd ,stat4 #dajd71 as amended by subsection 7b7 of this section1 is further amended by adding at the end the following new section3 #f4 ,,gao report 7a7 ,in general ,not later than five years after the date of the enactment of this section1 and every five years thereafter1 the ,comptroller ,general of the ,united ,states shall-- 7#a7 conduct a review of the disciplinary1 misconduct1 or derogatory records of all individuals hired using the waiver authority under subsection 7b7 of section #c-- 7,a7 to determine the rates of disciplinary actions taken against individuals hired using such waiver authority1 as compared to individuals hired after passing the polygraph as required under subsection 7a7 of that section2 and 7,b7 to address any other issue relating to discipline by ,u4,s4 ,customs and ,border ,protection2 and 7#b7 submit to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,homeland ,security of the ,house of ,representatives a report that appropriately protects sensitive information and describes the results of the review conducted under paragraph 7#a74 7b7 ,sunset ,the requirement under this section shall terminate on the date on which the third report required by subsection 7a7 is submitted4 4 7d7 ,definitions ,the ,anti-,border ,corruption ,act of #bjaj 7,public ,law #aaa-cgf2 #abd ,stat4 #dajd71 as amended by subsection 7c7 of this section1 is further amended by adding at the end the following new section3 #g4 ,definitions ,in this ,act3 7#a7 ,criminal offense ,the term criminal offense means-- 7,a7 any felony punishable by a term of imprisonment of more than one year2 and 7,b7 any other crime for which an essential element involves fraud1 deceit1 or misrepresentation to obtain an advantage or to disadvantage another4 7#b7 ,federal law enforcement officer ,the term ,federal law enforcement officer means a law enforcement officer1 as defined in section #hcca7bj7 or #hdja7ag7 of title #e1 ,united ,states ,code4 7#c7 ,military offense ,the term military offense means-- 7,a7 an offense for which-- 7i7 a member of the ,armed ,forces may be discharged or separated from service in the ,armed ,forces2 or 7ii7 a punitive discharge is1 or would be1 authorized for the same or a closely related offense under the ,manual for ,courts-,martial1 as pursuant to ,army ,regulation #fce-bjj chapter #ad-ab2 and 7,b7 an action for which a member of the ,armed ,forces received a demotion in military rank as punishment for a crime or wrongdoing1 imposed by a court martial or other authority4 7#d7 ,veteran ,the term veteran has the meaning given such term in section #aja7b7 of title #ch1 ,united ,states ,code4 4 #c ,alternatives to detention improvements and training for ,u4,s4 ,border ,patrol #aba4 ,alternatives to detention improvements 7a7 ,certification ,not later than #ij days after the date of the enactment of this ,act1 the ,director of ,u4,s4 ,immigration and ,customs ,enforcement shall certify to the appropriate committees of ,congress that-- 7#a7 with respect to the alternatives to detention programs1 ,u4,s4 ,immigration and ,customs ,enforcement's processes that condition the release of aliens under any type of supervision1 consistent and standard policies are in place across all ,u4,s4 ,immigration and ,customs ,enforcement field offices2 7#b7 the ,u4,s4 ,immigration and ,customs ,enforcement's alternatives to detention programs use escalation and de-escalation techniques2 and 7#c7 reports on the use of1 and policies with respect to1 such escalation and de-escalation techniques are provided to the public appropriately protecting sensitive information4 7b7 ,annual policy review 7#a7 ,in general ,not less frequently than annually1 the ,director shall conduct a review of ,u4,s4 ,immigration and ,customs ,enforcement policies with respect to the alternatives to detention programs so as to ensure standardization and evidence-based decision making4 7#b7 ,submission of policy reviews ,not later than #ad days after the completion of each review required by paragraph 7#a71 the ,director shall submit to the appropriate committees of ,congress a report on the results of the review4 7c7 ,independent verification and validation ,not less frequently than every #e years1 the ,director shall ensure that an independent verification and validation of ,u4,s4 ,immigration and ,customs ,enforcement policies with respect to the alternatives to detention programs is conducted4 #abb4 ,training for ,u4,s4 ,border ,patrol 7a7 ,in general ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall require all ,u4,s4 ,border ,patrol agents and other employees or contracted employees designated by the ,commissioner to participate in annual continuing training to maintain and update their understanding of-- 7#a7 ,department of ,homeland ,security policies1 procedures1 and guidelines2 7#b7 the fundamentals of law 7including the ,fourth ,amendment to the ,constitution of the ,united ,states71 ethics1 and professional conduct2 7#c7 applicable ,federal law and regulations2 7#d7 applicable migration trends that the ,commissioner determines are relevant2 7#e7 best practices for coordinating with community stakeholders2 7#f7 de-escalation training2 and 7#g7 any other information the ,commissioner determines to be relevant to active duty agents4 7b7 ,training subjects ,continuing training under this section shall include training regarding-- 7#a7 the non-lethal use of force policies available to ,u4,s4 ,border ,patrol agents and de-escalation strategies and methods2 7#b7 identifying1 screening1 and responding to vulnerable populations1 such as children1 persons with diminished mental capacity1 victims of human trafficking1 pregnant mothers1 victims of gender-based violence1 victims of torture or abuse1 and the acutely ill2 7#c7 trends in transnational criminal organization activities that impact border security and migration2 7#d7 policies1 strategies1 and programs-- 7,a7 to protect due process1 the civil1 human1 and privacy rights of individuals1 and the private property rights of land owners2 7,b7 to reduce the number of migrant and agent deaths2 and 7,c7 to improve the safety of agents on patrol2 7#e7 personal resilience2 7#f7 anti-corruption and officer ethics training2 7#g7 current migration trends1 including updated cultural and societal issues of countries that are a significant source of migrants who are-- 7,a7 arriving to seek humanitarian protection2 or 7,b7 encountered at a ,united ,states international boundary while attempting to enter without inspection2 7#h7 the impact of border security operations on natural resources and the environment1 including strategies to limit the impact of border security operations on natural resources and the environment2 7#i7 relevant cultural1 societal1 racial1 and religious training1 including cross-cultural communication skills2 7#aj7 training required under the ,prison ,rape ,elimination ,act of #bjjc 7#db ,u4,s4,c4 #aefja et seq472 7#aa7 risk management and safety training that includes agency protocols for ensuring public safety1 personal safety1 and the safety of persons in the custody of the ,department of ,homeland ,security2 and 7#ab7 any other training that meets the requirements to maintain and update the subjects identified in subsection 7a74 7c7 ,course requirements ,courses offered under this section-- 7#a7 shall be administered by ,u4,s4 ,customs and ,border ,protection2 and 7#b7 shall be approved in advance by the ,commissioner of ,u4,s4 ,customs and ,border ,protection to ensure that such courses satisfy the requirements for training under this section4 7d7 ,assessment ,not later than #b years after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,homeland ,security of the ,house of ,representatives a report that assesses the training and education provided pursuant to this section1 including continuing education4 #d ,modernizing notices to appear #aca4 ,electronic notices to appear ,section #bci of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 in the matter preceding subparagraph 7,a71 by inserting or1 if elected by the alien in writing1 by email or other electronic means to the extent feasible1 if the alien1 or the alien's counsel of record1 voluntarily elects such service or otherwise accepts service electronically after mail2 and 7,b7 in paragraph 7#b77;,a71 in the matter preceding clause 7i71 by inserting or1 if elected by the alien in writing1 by email or other electronic means to the extent feasible1 if the alien1 or the alien's counsel of record1 voluntarily elects such service or otherwise accepts service electronically after mail2 and 7#b7 in subsection 7c7-- 7,a7 by inserting the alien1 or to the alien's counsel of record1 at after delivery to2 and 7,b7 by inserting 1 or to the email address or other electronic address at which the alien elected to receive notice under paragraph 7#a7 or 7#b7 of subsection 7a7 before the period at the end4 #acb4 ,authority to prepare and issue notices to appear ,section #bci7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi7;a77 is amended by adding at the end the following3 7#d7 ,authority for certain personnel to serve notices to appear ,any mission support personnel within ,u4,s4 ,customs and ,border ,protection or ,u4,s4 ,immigration and ,customs ,enforcement who are subject to the oversight of an immigration officer with authority to issue a notice to appear1 and who has received the necessary training to issue such a notice1 shall be authorized to prepare a notice to appear under this section for review and issuance by the immigration officer4 4 ,b ,asylum processing at the border #ada4 ,provisional noncustodial removal proceedings 7a7 ,in general ,chapter #d of title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abba et seq47 is amended by inserting after section #bce;,a the following3 #bce;,b4 ,provisional noncustodial removal proceedings 7a7 ,general rules 7#a7 ,circumstances warranting noncustodial proceedings ,the ,secretary1 based upon operational circumstances1 may refer an alien applicant for admission for proceedings described in this section if the alien-- 7,a7 indicates an intention to apply for a protection determination2 or 7,b7 expresses a credible fear of persecution 7as defined in section #bce7;b77#a77;,b77v77 or torture4 7#b7 ,release from custody ,aliens referred for proceedings under this section shall be released from physical custody and processed in accordance with the procedures described in this section4 7#c7 ,alternatives to detention ,an adult alien1 including a head of household1 who has been referred for a proceeding under this section shall be supervised under the ,alternatives to ,detention program of ,u4,s4 ,immigration and ,customs ,enforcement immediately upon release from physical custody and continuing for the duration of such proceeding4 7#d7 ,family unity ,the ,secretary shall ensure1 to the greatest extent practicable1 that the referral of a family unit for proceedings under this section includes all members of such family unit who are traveling together4 7#e7 ,exceptions 7,a7 ,unaccompanied alien children ,the provisions under this section may not be applied to unaccompanied alien children 7as defined in section #dfb7;g7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgi7;g7774 7,b7 ,applicability limitation 7i7 ,in general ,the ,secretary shall only refer for proceedings under this section an alien described in clause 7ii74 7ii7 ,alien described ,an alien described in this clause is an alien who-- 7,i7 has not affirmatively shown1 to the satisfaction of an immigration officer1 that the alien has been physically present in the ,united ,states for more than the #ad-;day period immediately prior to the date on which the alien was encountered by ,u4,s4 ,customs and ,border ,protection2 and 7,,ii7 was encountered within #ajj air miles of the international land borders of the ,united ,states4 7#f7 ,timing ,the provisional noncustodial removal proceedings described in this section shall conclude1 to the maximum extent practicable1 not later than #ij days after the date the alien is inspected and determined inadmissible4 7b7 ,procedures for provisional noncustodial removal proceedings 7#a7 ,commencement 7,a7 ,in general ,provisional noncustodial removal proceedings shall commence under this section with respect to an alien immediately after the ,secretary properly serves a notice of removal proceedings on the alien4 7,b7 #ij-;day timeframe ,the #ij-;day period under subsection 7a77#f7 with respect to an alien shall commence upon an inspection and inadmissibility determination of the alien4 7#b7 ,service and notice of interview requirements ,in provisional noncustodial removal proceedings conducted under this section1 the ,secretary shall-- 7,a7 serve notice to the alien or1 if personal service is not practicable1 to the alien's counsel of record2 7,b7 ensure that such notice1 to the maximum extent practicable1 is in the alien's native language or in a language the alien understands2 and 7,c7 include in such notice-- 7i7 the nature of the proceedings against the alien2 7ii7 the legal authority under which such proceedings will be conducted2 and 7iii7 the charges against the alien and the statutory provisions the alien is alleged to have violated2 7,d7 inform the alien of his or her obligation-- 7i7 to immediately provide 7or have provided7 to the ,secretary1 in writing1 the mailing address1 contact information1 email address or other electronic address1 and telephone number 7if any71 at which the alien may be contacted respecting the proceeding under this section2 and 7ii7 to provide to the ,secretary1 in writing1 any change of the alien's mailing address or telephone number shortly after any such change2 7,e7 include in such notice-- 7i7 the time and place at which the proceeding under this section will be held1 which shall be communicated1 to the extent practicable1 before or during the alien's release from physical custody2 or 7ii7 immediately after release1 the time and place of such proceeding1 which shall be provided not later than #aj days before the scheduled protection determination interview and shall be considered proper service of the commencement of proceedings2 and 7,f7 inform the alien of-- 7i7 the consequences to which the alien would be subject pursuant to section #bdj7;b77#e7 if the alien fails to appear at such proceeding1 absent exceptional circumstances2 7ii7 the alien's right to be represented1 at no expense to the ,federal ,government1 by any counsel or accredited representative selected by the alien who is authorized to represent an alien in such a proceeding2 and 7,g7 the information described in section #bce7;b77#a77;,b77iv77,,ii74 7#c7 ,protection determination 7,a7 ,in general ,to the maximum extent practicable1 within #ij days after the date on which an alien is referred for proceedings under this section1 an asylum officer shall conduct a protection determination of such alien in person or through a technology appropriate for protection determinations4 7,b7 ,access to counsel ,in any proceeding under this section or section #bdj;,d before ,u4,s4 ,citizenship and ,immigration ,services and in any appeal of the result of such a proceeding1 an alien shall have the privilege of being represented1 at no expense to the ,federal ,government1 by counsel authorized to represent an alien in such a proceeding4 7,c7 ,procedures and evidence ,the asylum officer may receive into evidence any oral or written statement that is material and relevant to any matter in the protection determination4 ,the testimony of the alien shall be under oath or affirmation administered by the asylum officer4 7,d7 ,interpreters ,whenever necessary1 the asylum officer shall procure the assistance of an interpreter1 to the maximum extent practicable1 in the alien's native language or in a language the alien understands1 during any protection determination4 7,e7 ,location 7i7 ,in general ,any protection determination authorized under this section shall occur in-- 7,i7 a ,u4,s4 ,citizenship and ,immigration ,services office2 7,,ii7 a facility managed1 leased1 or operated by ,u4,s4 ,citizenship and ,immigration ,services2 7,,iii7 any other location designated by the ,director of ,u4,s4 ,citizenship and ,immigration ,services2 or 7,,iv7 any other federally owned or federally leased building that-- 7aa7 the ,director has authorized or entered into a memorandum of agreement to be used for such purpose2 and 7bb7 meets the special rules under clause 7ii7 and the minimum requirements under clause 7iii74 7ii7 ,special rules 7,i7 ,location ,a protection determination may not be conducted in a facility that is managed1 leased1 owned1 or operated by ,u4,s4 ,immigration and ,customs ,enforcement or ,u4,s4 ,customs and ,border ,protection4 7,,ii7 ,reasonable time ,the ,secretary shall ensure that a protection determination is conducted during a reasonable time of the day4 7,,iii7 ,geographical limitation ,the ,secretary shall ensure that each protection determination for an alien is scheduled at a facility that is a reasonable distance from the current residence of such alien4 7,,iv7 ,protection for children ,in the case of a family unit1 the ,secretary shall ensure that the best interests of the child or children are considered when conducting a protection determination of the child's family unit4 7iii7 ,minimum location requirement ,each facility that the ,director authorizes to be used to conduct protection determinations shall-- 7,i7 have adequate security measures to protect ,federal employees1 aliens1 and beneficiaries for benefits2 and 7,,ii7 ensure the best interests of the child or children are prioritized pursuant to clause 7ii77,,iv7 if such children are present at the protection determination4 7,f7 ,written record ,the asylum officer shall prepare a written record of each protection determination1 which-- 7i7 shall be provided to the alien1 or to the alien's counsel of record1 upon a decision2 and 7ii7 shall include-- 7,i7 a summary of the material facts stated by the alien2 7,,ii7 any additional facts relied upon by the asylum officer2 7,,iii7 the asylum officer's analysis of why1 in the light of the facts referred to in subclauses 7,i7 and 7,,ii71 the alien has or has not established a positive or negative outcome from the protection determination2 and 7,,iv7 a copy of the asylum officer's interview notes4 7,g7 ,rescheduling 7i7 ,in general ,the ,secretary shall promulgate regulations that permit an alien to reschedule a protection determination in the event of exceptional circumstances4 7ii7 ,tolling of time limitation ,if an interview is rescheduled at the request of an alien1 the period between the date on which the protection determination was originally scheduled and the date of the rescheduled interview shall not count toward the #ij-;day period referred to in subsection 7a77#f74 7,h7 ,withdrawal of application1 voluntary departure1 and voluntary repatriation 7i7 ,voluntary departure ,the ,secretary may permit an alien to voluntarily depart in accordance with section #bdj;,e4 7ii7 ,withdrawal of application ,the ,secretary may permit an alien1 at any time before the protection merits interview1 to withdraw his or her application and depart immediately from the ,united ,states in accordance with section #bdj;,f4 7iii7 ,voluntary repatriation ,the ,secretary may permit an alien to voluntarily repatriate in accordance with section #bdj;,g4 7,i7 ,conversion to removal proceedings under section #bdj ,the asylum officer or immigration officer may refer or place an alien into removal proceedings under section #bdj by issuing a notice to appear for the purpose of initiating such proceedings if either such officer determines that-- 7i7 such proceedings are required in order to permit the alien to seek an immigration benefit for which the alien is legally entitled to apply2 and 7ii7 such application requires such alien to be placed in1 or referred to proceedings under section #bdj that are not available to such alien under this section4 7,j7 ,protection of information 7i7 ,sensitive or law enforcement information ,nothing in this section may be construed to compel any employee of the ,department of ,homeland ,security to disclose any information that is otherwise protected from disclosure by law4 7ii7 ,protection of certain information ,before providing the record described in subparagraph 7,f7 to the alien or to the alien's counsel of record1 the ,director shall protect any information that is prohibited by law from being disclosed4 7c7 ,protection determination 7#a7 ,identity verification ,the ,secretary may not conduct the protection determination with respect to an alien until the identity of the alien has been checked against all appropriate records and databases maintained by the ,attorney ,general1 the ,secretary of ,state1 or the ,secretary4 7#b7 ,in general 7,a7 ,eligibility ,upon the establishing the identity of an alien pursuant to paragraph 7#a71 the asylum officer shall conduct a protection determination in a location selected in accordance with this section4 7,b7 ,outcome 7i7 ,positive protection determination outcome ,if the protection determination conducted pursuant to subparagraph 7,a7 results in a positive protection determination outcome1 the alien shall be referred to protection merits removal proceedings in accordance with the procedures described in paragraph 7#d74 7ii7 ,negative protection determination outcome ,if such protection determination results in a negative protection determination outcome1 the alien shall be subject to the process described in subsection 7d74 7#c7 ,record 7,a7 ,use of record ,in each protection determination1 or any review of such determination1 the record of the alien's protection determination required under subsection 7b77#c77;,f7 shall constitute the underlying application for the alien's application for asylum1 withholding of removal under section #bda7;b77#c71 or protection under the ,convention ,against ,torture for purposes of the protection merits interview4 7,b7 ,date of filing ,the date on which the ,secretary issues a notification of a positive protection determination pursuant to paragraph 7#b77;,b77i7 shall be considered1 for all purposes1 the date of filing and the date of receipt of the alien's application for asylum1 withholding of removal under section #bda7;b77#c71 or protection under the ,convention ,against ,torture1 as applicable4 7#d7 ,referral for protection merits removal proceedings 7,a7 ,in general ,if the alien receives a positive protection determination-- 7i7 the alien shall be issued employment authorization pursuant to section #bce;,c2 and 7ii7 subject to paragraph 7#e71 the asylum officer shall refer the alien for protection merits removal proceedings described in section #bdj;,d4 7,b7 ,notifications ,as soon as practicable after a positive protection determination1 the ,secretary shall-- 7i7 issue a written notification to the alien of the outcome of such determination2 7ii7 include all of the information described in subsection 7b77#b72 and 7iii7 ensure that such notification and information concerning the procedures under section #bdj;,d1 shall be made1 at a minimum1 not later than #cj days before the date on which the required protection merits interview under section #bdj;,d occurs4 7#e7 ,authority to grant relief or protection 7,a7 ,in general ,if an alien demonstrates1 by clear and convincing evidence1 that the alien is eligible for asylum1 withholding of removal under section #bda7;b77#c71 or protection under the ,convention ,against ,torture during the protection determination1 the asylum officer1 subject to the procedures under subparagraph 7,b71 may grant an application for such relief or protection submitted by such alien without referring the alien to protection merits removal proceedings under section #bdj;,d4 7,b7 ,supervisory review 7i7 ,in general ,an application granted by an asylum officer under subparagraph 7,a7 shall be reviewed by a supervisory asylum officer to determine whether such grant is warranted4 7ii7 ,limitation ,a decision by an asylum officer to grant an application under subparagraph 7,a7 shall not be final1 and the alien shall not be notified of such decision1 unless a supervisory asylum officer first determines1 based on the review conducted pursuant to clause 7i71 that such a grant is warranted4 7iii7 ,effect of approval ,if the supervisor determines that granting an alien's application for relief or protection is warranted-- 7,i7 such application shall be approved2 and 7,,ii7 the alien shall receive written notification of such decision as soon as practicable4 7iv7 ,effect of non-approval ,if the supervisor determines that the grant is not warranted1 the alien shall be referred for protection merits removal proceedings under section #bdj;,d4 7,c7 ,special rules ,notwithstanding any other provision of law-- 7i7 if an alien's application for asylum is approved pursuant to subparagraph 7,b77iii71 the asylum officer may not issue an order of removal2 and 7ii7 if an alien's application for withholding of removal under section #bda7;b77#c7 or for withholding or deferral of removal under the ,convention ,against ,torture is approved pursuant to subparagraph 7,b77iii71 the asylum officer shall issue a corresponding order of removal4 7,d7 ,biannual report ,the ,director shall submit a biannual report to the relevant committees of ,congress that includes1 for the relevant period-- 7i7 the number of cases described in subparagraph 7,a7 that were referred to a supervisor pursuant to subparagraph 7,b71 disaggregated by asylum office2 7ii7 the number of cases described in clause 7i7 that were approved subsequent to the referral to a supervisor pursuant to subparagraph 7,b72 7iii7 the number of cases described in clause 7i7 that were not approved subsequent to the referral to a supervisor pursuant to subparagraph 7,b72 7iv7 a summary of the benefits for which any aliens described in subparagraph 7,a7 were considered amenable and whose cases were referred to a supervisor pursuant to subparagraph 7,b71 disaggregated by case outcome referred to in clauses 7ii7 and 7iii72 7v7 a description of any anomalous case outcomes for aliens described in subparagraph 7,a7 whose cases were referred to a supervisor pursuant subparagraph 7,b72 and 7vi7 a description of any actions taken to remedy the anomalous case outcomes referred to in clause 7v74 7,e7 ,protection of personally identifiable information ,in preparing each report pursuant to subparagraph 7,d71 the ,director shall-- 7i7 protect any personally identifiable information associated with aliens described in subparagraph 7,a72 and 7ii7 comply with all applicable privacy laws4 7#f7 ,employment authorization ,an alien whose application for relief or protection has been approved by a supervisor pursuant to paragraph 7#e77;,b7 shall be issued employment authorization under section #bce;,c4 7d7 ,negative protection determination 7#a7 ,in general ,if an alien receives a negative protection determination1 the asylum officer shall-- 7,a7 provide such alien with written notification of such determination2 and 7,b7 subject to paragraph 7#b71 order the alien removed from the ,united ,states without hearing or review4 7#b7 ,opportunity to request reconsideration or appeal ,the ,secretary shall notify any alien described in paragraph 7#a7 immediately after receiving notification of a negative protection determination under this subsection that he or she-- 7,a7 may request reconsideration of such determination in accordance with paragraph 7#c72 and 7,b7 may request administrative review of such protection determination decision in accordance with paragraph 7#d74 7#c7 ,request for reconsideration 7,a7 ,in general ,any alien with respect to whom a negative protection determination has been made may submit a request for reconsideration to ,u4,s4 ,citizenship and ,immigration ,services not later than #e days after such determination4 7,b7 ,decision ,the ,director1 or designee1 in the ,director's unreviewable discretion1 may grant or deny a request for reconsideration made pursuant to subparagraph 7,a71 which decision shall not be subject to review4 7#d7 ,administrative review 7,a7 ,in general ,except as provided in subparagraph 7,b71 the administrative review of a protection determination with respect to an alien under this subsection shall be based on the record before the asylum officer at the time at which such protection determination was made4 7,b7 ,exception ,an alien referred to in subparagraph 7,a71 or the alien's counsel of record1 may submit such additional evidence or testimony in accordance with such policies and procedures as the ,secretary may prescribe4 7,c7 ,review ,each review described in subparagraph 7,a7 shall be conducted by the ,protection ,appellate ,board4 7,d7 ,standard of review ,in accordance with the procedures prescribed by the ,secretary1 the ,protection ,appellate ,board1 upon the request of an alien1 or the alien's counsel of record1 shall conduct a de novo review of the record of the protection determination carried out pursuant to this section with respect to the alien4 7,e7 ,determination 7i7 ,timing ,the ,protection ,appellate ,board shall complete a review under this paragraph1 to the maximum extent practicable1 not later than #gb hours after receiving a request from an alien pursuant to subparagraph 7,d74 7ii7 ,effect of positive determination ,if1 after conducting a review under this paragraph1 the ,protection ,appellate ,board determines that an alien has a positive protection determination1 the alien shall be referred for protection merits removal proceedings under section #bdj;,d4 7iii7 ,effect of negative determination ,if1 after conducting a review under this paragraph1 the ,protection ,appellate ,board determines that an alien has a negative protection determination1 the alien shall be ordered removed from the ,united ,states without additional review4 7#e7 ,jurisdictional matters ,in any action brought against an alien under section #bge7;a7 or #bgf1 the court shall not have jurisdiction to hear any claim attacking the validity of an order of removal entered pursuant to subsection 7c77#e77;,c77ii74 7e7 ,service of protection determination decision 7#a7 ,protection determination decision 7,a7 ,in general ,upon reaching a decision regarding a protection determination1 the ,secretary shall-- 7i7 immediately notify the alien1 and the alien's counsel of record1 if applicable1 that a determination decision has been made2 and 7ii7 schedule the service of the protection determination decision1 which shall take place1 to the maximum extent practicable1 not later than #e days after such notification4 7,b7 ,special rules 7i7 ,location ,each service of a protection determination decision scheduled pursuant to subparagraph 7,a77ii7 may occur at-- 7,i7 a ,u4,s4 ,immigration and ,customs ,enforcement facility2 7,,ii7 an ,immigration ,court2 or 7,,iii7 any other federally owned or federally leased building that-- 7aa7 the ,secretary has authorized or entered into a memorandum of agreement to be used for such purpose2 and 7bb7 meets the minimum requirements under this subparagraph4 7ii7 ,minimum requirements ,in conducting each service of a protection determination decision1 the ,director shall ensure compliance with the requirements set forth in clauses 7ii77,,ii71 7ii77,,iii71 7ii77,,iv71 and 7iii7 of subsection 7b77#c77;,e74 7#b7 ,procedures for service of protection determination decisions 7,a7 ,written decision ,the ,secretary shall ensure that each alien and the alien's counsel of record1 if applicable1 attending a determination decision receives a written decision that includes1 at a minimum1 the articulated basis for the denial of the protection benefit sought by the alien4 7,b7 ,language access ,the ,secretary shall ensure that each written decision required under subparagraph 7,a7 is delivered to the alien in-- 7i7 the alien's native language1 to the maximum extent practicable2 or 7ii7 another language the alien understands4 7,c7 ,access to counsel ,an alien who has obtained the services of counsel shall be represented by such counsel1 at no expense to the ,federal ,government1 at the service of the protection determination4 ,nothing in this subparagraph may be construed to create a substantive due process right or to unreasonably delay the scheduling of the service of the protection determination4 7,d7 ,asylum officer ,a protection determination decision may only be served by an asylum officer4 7,e7 ,protections for asylum officer decisions based on the merits of the case ,the ,secretary may not impose restrictions on an asylum officer's ability to grant or deny relief sought by an alien in a protection determination or protection merits interview based on a numerical limitation4 7#c7 ,negative protection determination 7,a7 ,advisement of rights and opportunities ,if an alien receives a negative protection determination decision1 the asylum officer shall-- 7i7 advise the alien if an alternative option of return is available to the alien1 including-- 7,i7 voluntary departure2 7,,ii7 withdrawal of the alien's application for admission2 or 7,,iii7 voluntary repatriation2 and 7ii7 provide written or verbal information to the alien regarding the process1 procedures1 and timelines for appealing such denial1 to the maximum extent practicable1 in the alien's native language1 or in a language the alien understands4 7#d7 ,protection for children ,in the case of a family unit1 the ,secretary shall ensure that the best interests of the child or children are considered when conducting a protection determination of the child's family unit4 7#e7 ,final order of removal ,if an alien receives a negative protection determination decision1 an alien shall be removed in accordance with section #bda upon a final order of removal4 7f7 ,failure ,to conduct protection determination 7#a7 ,in general ,if the ,secretary fails to conduct a protection determination for an alien during the #ij-;day period set forth in subsection 7b77#c77;,a71 such alien shall be referred for protection merits removal proceedings in accordance with #bdj;,d4 7#b7 ,notice of protection merits interview 7,a7 ,in general ,if an alien is referred for protection merits removal proceedings pursuant to paragraph 7#a71 the ,secretary shall properly file with ,u4,s4 ,citizenship and ,immigration ,services and serve upon the alien1 or the alien's counsel of record1 a notice of a protection merits interview1 in accordance with subsection 7b77#b74 7,b7 ,contents ,each notice of protection merits interview served pursuant to subparagraph 7,a7-- 7i7 shall include each element described in subsection 7b77#b72 and 7ii7 shall-- 7,i7 inform the alien that an application for protection relief shall be submitted to the ,secretary not later than #cj days before the date on which the alien's protection merits interview is scheduled2 7,,ii7 inform the alien that he or she shall receive employment authorization1 pursuant to section #bce;,c1 not later than #cj days after filing the application required under subclause 7,i72 7,,iii7 inform the alien that he or she may submit evidence into the record not later than #cj days before the date on which the alien's protection merits interview is scheduled2 7,,iv7 describe-- 7aa7 the penalties resulting from the alien's failure to file the application required under subclause 7,i72 and 7bb7 the terms and conditions for redressing such failure to file2 and 7,v7 describe the penalties resulting from the alien's failure to appear for a scheduled protection merits interview4 7#c7 ,date of filing ,the date on which an application for protection relief is received by the ,secretary shall be considered the date of filing and receipt for all purposes4 7#d7 ,effect of failure to file 7,a7 ,in general ,failure to timely file an application for protection relief under this subsection will result in an order of removal1 absent exceptional circumstances4 7,b7 ,opportunity for redress 7i7 ,in general ,the ,secretary shall promulgate regulations authorizing a #ae-;day opportunity for redress to file an application for protection relief if there are exceptional circumstances regarding the alien's failure to timely file an application for protection relief4 7ii7 ,contents ,each application submitted pursuant to clause 7i7 shall-- 7,i7 describe the basis for such request2 7,,ii7 include supporting evidence2 and 7,,iii7 identify the exceptional circumstances that led to the alien's failure to file the application for protection relief in a timely manner4 7,c7 ,decision ,in evaluating a request for redress submitted pursuant to subparagraph 7,b77i71 the ,director1 or designee-- 7i7 shall determine whether such request rises to the level of exceptional circumstances2 and 7ii7 may schedule a protection determination interview4 7#e7 ,employment authorization 7,a7 ,in general ,employment authorization shall be provided to aliens described in this subsection in accordance with section #bce;,c4 7,b7 ,revocation ,the ,secretary may revoke the employment authorization provided to any alien processed under this section or section #bdj;,d if such alien-- 7i7 has obtained authorization for employment pursuant to the procedures described in section #bce;,c2 and 7ii7 absent exceptional circumstances1 subsequently fails to appear for a protection determination under subsection 7b77#c7 or a protection merits interview under #bdj;,d7c77#c74 7g7 ,failure ,to appear 7#a7 ,protection merits interview ,the provisions of section #bdj7;b77#e7 shall apply to proceedings under this section4 7#b7 ,opportunity to redress 7,a7 ,in general ,not later than #ae days after the date on which an alien fails to appear for a scheduled protection determination or protection merits interview1 the alien may submit a written request for a rescheduled protection determination or protection merits interview4 7,b7 ,contents ,each request submitted pursuant to subparagraph 7,a7 shall-- 7i7 describe the basis for such request2 7ii7 include supporting evidence2 and 7iii7 identify the exceptional circumstances that led to the alien's failure to appear4 7,c7 ,decision ,in evaluating a request submitted pursuant to subparagraph 7,a71 the ,director1 or designee shall determine whether the evidence included in such request rises to the level of exceptional circumstances4 ,such decision shall not be reviewable4 7h7 ,rulemaking 7#a7 ,in general ,the ,secretary may promulgate such regulations as are necessary to implement this section in compliance with the requirements of section #eec of title #e1 ,united ,states ,code4 7#b7 ,initial implementation ,until the date that is #ahj days after the date of the enactment of this section1 the ,secretary may issue any interim final rules necessary to implement this section without having to satisfy the requirements of section #eec7;b77,b7 of title #e1 ,united ,states ,code1 provided that any such interim final rules shall include a #cj-;day post promulgation notice and comment period prior to finalization in the ,federal ,register4 7#c7 ,requirement ,all regulations promulgated to implement this section beginning on the date that is #ahj days after the date of the enactment of this section1 shall be issued pursuant to the requirements set forth in section #eec of title #e1 ,united ,states ,code4 7i7 ,savings provisions 7#a7 ,expedited removal ,nothing in this section may be construed to expand or restrict the ,secretary's discretion to carry out expedited removals pursuant to section #bce to the extent authorized by law4 ,the ,secretary shall not refer or place an alien in proceedings under section #bce if the alien has already been placed in or referred to proceedings under this section or section #bdj;,d4 7#b7 ,detention ,nothing in this section may be construed to affect the authority of the ,secretary to detain an alien released pursuant to this section if otherwise authorized by law4 7#c7 ,settlement agreements ,nothing in this section may be construed-- 7,a7 to expand or restrict any settlement agreement in effect as of the date of the enactment of this section2 or 7,b7 to abrogate any provision of the stipulated settlement agreement in ,reno v4 ,flores1 as filed in the ,united ,states ,district ,court for the ,central ,district of ,california on ,january #ag1 #aiig 7,,cv-#he-dedd-,,rjk71 including all subsequent court decisions1 orders1 agreements1 and stipulations4 7#d7 ,impact on other removal proceedings ,the provisions of this section may not be interpreted to apply to any other form of removal proceedings4 7#e7 ,special rule ,for aliens who are natives or citizens of ,cuba released pursuant to this section and who are otherwise eligible for adjustment of status under the first section of ,public ,law #hi-gcb 7#h ,u4,s4,c4 #abee note7 7commonly known as the ,cuban ,adjustment ,act71 the requirement that an alien has been inspected and admitted or paroled into the ,united ,states shall not apply4 ,aliens who are natives or citizens of ,cuba or ,haiti and have been released pursuant to section #bdj 7#h ,u4,s4,c4 #abbi7 shall be considered to be individuals described in section #eja7;e77#a7 of the ,refugee ,education ,assistance ,act of #aihj 7#h ,u4,s4,c4 #aebb note74 7#f7 ,review of protection determinations ,except for reviews of constitutional claims1 no court shall have jurisdiction to review a protection determination issued by ,u4,s4 ,citizenship and ,immigration ,services under this section4 7#g7 ,final removal orders ,no court shall have jurisdiction to review a final order of removal issued under this section4 7j7 ,judicial review ,notwithstanding any other provision of this ,act1 judicial review of any decision or action in this section shall be governed only by the ,united ,states ,district ,court for the ,district of ,columbia1 which shall have sole and original jurisdiction to hear challenges1 whether constitutional or otherwise1 to the validity of this section or any written policy directive1 written policy guideline1 written procedure1 or the implementation thereof1 issued by or under the authority of the ,secretary to implement this section4 7k7 ,reports on asylum officer grant rates 7#a7 ,publication of annual report ,not later than #a year after the date of the enactment of the ,border ,act1 and annually thereafter1 the ,director of ,u4,s4 ,citizenship and ,immigration ,services shall publish a report1 on a publicly accessible website of ,u4,s4 ,citizenship and ,immigration ,services1 which includes1 for the reporting period-- 7,a7 the number of protection determinations that were approved or denied2 and 7,b7 a description of any anomalous incidents identified by the ,director1 including any action taken by the ,director to address such an incident4 7#b7 ,semiannual report to ,congress 7,a7 ,in general ,not less frequently than twice each year1 the ,director of ,u4,s4 ,citizenship and ,immigration ,services shall submit a report to the relevant committees of ,congress that includes1 for the preceding reporting period1 and aggregated for the applicable calendar year-- 7i7 the number of cases in which a protection determination or protection merits interview has been completed2 and 7ii7 for each asylum office or duty station to which more than #bj asylum officers are assigned-- 7,i7 the median percentage of positive determinations and protection merits interviews in the cases described in clause 7i72 7,,ii7 the mean percentage of negative determinations and protection merits interviews in such cases2 and 7,,iii7 the number of cases described in subsection 7c77#e7 in which an alien was referred to a supervisor after demonstrating1 by clear and convincing evidence1 eligibility for asylum1 withholding of removal1 or protection under the ,convention ,against ,torture1 disaggregated by benefit type2 7,,iv7 the number of cases described in clause 7i7 that were approved by a supervisor2 and 7,v7 the number of cases described in clause 7i7 that were not approved by a supervisor4 7,b7 ,presentation of data ,the information described in subparagraph 7,a7 shall be provided in the format of aggregate totals by office or duty station4 7l7 ,definitions ,in this section3 7#a7 ,application for protection relief ,the term application for protection relief means any request1 application or petition authorized by the ,secretary for asylum1 withholding of removal1 or protection under the ,convention ,against ,torture4 7#b7 ,asylum officer ,the term asylum officer has the meaning given such term in section #bce7;b77#a77;,e74 7#c7 ,convention against torture ,the term ,convention ,against ,torture means the ,united ,nations ,convention against ,torture and ,other ,cruel1 ,inhuman or ,degrading ,treatment or ,punishment1 done at ,new ,york ,december #aj1 #aihd1 including any implementing regulations4 7#d7 ,director ,the term ,director means the ,director of ,u4,s4 ,citizenship and ,immigration ,services4 7#e7 ,exceptional circumstances ,the term exceptional circumstances has the meaning given such term in section #bdj7;e77#a74 7#f7 ,final order of removal ,the term final order of removal means an order of removal made by an asylum officer at the conclusion of a protection determination1 and any appeal of such order1 as applicable4 7#g7 ,protection ,appellate ,board ,the term ,protection ,appellate ,board means the ,protection ,appellate ,board established under section #dfc of the ,homeland ,security ,act of #bjjb4 7#h7 ,protection determination decision ,the term protection determination decision means the service of a negative or positive protection determination outcome4 7#i7 ,relevant committees of ,congress ,the term relevant committees of ,congress means-- 7,a7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,b7 the ,committee on the ,judiciary of the ,senate2 7,c7 the ,committee on ,appropriations of the ,senate2 7,d7 the ,committee on ,homeland ,security of the ,house of ,representatives2 7,e7 the ,committee on the ,judiciary of the ,house of ,representatives2 7,f7 the ,committee on ,appropriations of the ,house of ,representatives2 and 7,g7 the ,committee on ,oversight and ,accountability of the ,house of ,representatives4 7#aj7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4 4 7b7 ,clerical amendment ,the table of contents of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja note7 is amended by inserting after the item relating to section #bce;,a the following3 ,sec4 #bce;,b4 ,provisional noncustodial removal proceedings4 4 #adb4 ,protection merits removal proceedings 7a7 ,in general ,chapter #d of title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abba et seq47 is amended by inserting after section #bdj;,c the following3 #bdj;,d4 ,protection merits removal proceedings 7a7 ,commencement of proceedings ,removal proceedings under this section shall commence immediately after the ,secretary properly serves notice on an alien who was-- 7#a7 processed under section #bce;,b and referred under subsection 7c77#d7 of that section after having been issued a notice of a positive protection determination under such subsection2 or 7#b7 referred under section #bce;,b7f74 7b7 ,duration of proceedings ,to the maximum extent practicable1 proceedings under this section shall conclude not later than #ij days after the date on which such proceedings commence4 7c7 ,procedures 7#a7 ,service and notice requirements ,upon the commencement of proceedings under this section1 the ,secretary shall provide notice of removal proceedings to the alien1 or if personal service is not practicable1 to the alien's counsel of record4 ,such notice shall be provided1 to the maximum extent practicable1 in the alien's native language1 or in a language the alien understands1 and shall specify or provide-- 7,a7 the nature of the proceedings against the alien2 7,b7 the legal authority under which such proceedings will be conducted2 7,c7 the charges against the alien and the statutory provisions alleged to have been violated by the alien2 7,d7 that the alien shall-- 7i7 immediately provide 7or have provided7 to the ,secretary1 in writing1 the mailing address1 contact information1 email address or other electronic address1 and telephone number 7if any7 at which the alien may be contacted respecting the proceeding under this section2 and 7ii7 provide to the ,secretary1 in writing1 any change of the alien's mailing address or telephone number after any such change2 7,e7 7i7 the time and place at which the proceeding under this section will be held1 which information shall be communicated1 to the extent practicable1 before or during the alien's release from physical custody2 or 7ii7 immediately after release1 the time and place of such proceeding shall be provided to the alien1 or to the alien's counsel of record1 not later than #aj days before the scheduled protection determination interview1 which shall be considered proper service of the commencement of proceedings2 7,f7 the consequences for the alien's failure to appear at such proceeding pursuant to section #bdj7;b77#e77;,a71 absent exceptional circumstances2 7,g7 the alien's right to be represented1 at no expense to the ,federal ,government1 by any counsel1 or an accredited representative1 selected by the alien who is authorized to practice in such a proceeding2 and 7,h7 information described in section #bce7;b77#a77;,b77iv77,,ii74 7#b7 ,alternatives to detention ,an adult alien1 including a head of household1 who has been referred for proceedings under this section1 shall be supervised under the ,alternatives to ,detention program of ,u4,s4 ,immigration and ,customs ,enforcement for the duration of such proceedings4 7#c7 ,protection merits interview 7,a7 ,in general ,an asylum officer shall conduct a protection merits interview of each alien processed under this section4 7,b7 ,access to counsel ,section #bce;,b7b77#c77;,b7 shall apply to proceedings under this section4 7,c7 ,procedures and evidence ,the asylum officer may receive into evidence any oral or written statement that is material and relevant to any matter in the protection merits interview4 ,the testimony of the alien shall be under oath or affirmation1 which shall be administered by the asylum officer4 7,d7 ,translation of documents ,any foreign language document offered by a party in proceedings under this section shall be accompanied by an ,english language translation and a certification signed by the translator1 which shall be printed legibly or typed4 ,such certification shall include a statement that the translator is competent to translate the document1 and that the translation is true and accurate to the best of the translator's abilities4 7,e7 ,interpreters ,an interpreter may be provided to the alien for the proceedings under this section1 in accordance with section #bce;,b7b77#c77;,d74 7,f7 ,location ,the location for the protection merits interview described in this section shall be determined in accordance with the terms and conditions described in section #bce;,b7b77#c77;,e74 7,g7 ,written record ,the asylum officer shall prepare a written record of each protection merits interview1 which shall be provided to the alien or the alien's counsel1 that includes-- 7i7 a summary of the material facts stated by the alien2 7ii7 any additional facts relied upon by the asylum officer2 7iii7 the asylum officer's analysis of why1 in light of the facts referred to in clauses 7i7 and 7ii71 the alien has or has not established eligibility for asylum under section #bjh1 withholding of removal under section #bda7;b77#c71 or protection under the ,convention ,against ,torture2 and 7iv7 a copy of the asylum officer's interview notes4 7,h7 ,protection of certain information ,before providing the record described in subparagraph 7,g7 to the alien or the alien's counsel of record1 the ,director shall protect any information the disclosure of which is prohibited by law4 7,i7 ,rulemaking ,the ,secretary shall promulgate regulations that permit an alien to request a rescheduled interview due to exceptional circumstances4 7,j7 ,withdrawal of application1 voluntary departure1 and voluntary repatriation 7i7 ,voluntary departure ,the ,secretary may permit an alien to voluntarily depart in accordance with section #bdj;,e4 7ii7 ,withdrawal of application ,the ,secretary may permit an alien1 at any time before the protection merits interview1 to withdraw his or her application and depart immediately from the ,united ,states in accordance with section #bdj;,f4 7iii7 ,voluntary repatriation ,the ,secretary may permit an alien to voluntarily repatriate in accordance with section #bdj;,g4 7#d7 ,special rule relating to one-year bar ,an alien subject to proceedings under this section shall not be subject to the one-year bar under section #bjh7;a77#b77;,b74 7#e7 ,timing of protection merits interview ,a protection merits interview may not be conducted on a date that is earlier than #cj days after the date on which notice is served under paragraph 7#a74 7d7 ,protection merits determination 7#a7 ,in general ,after conducting an alien's protection merits interview1 the asylum officer shall make a determination on the merits of the alien's application for asylum under section #bjh1 withholding of removal under section #bda7;b77#c71 or protection under the ,convention ,against ,torture4 7#b7 ,positive protection merits determination ,in the case of an alien who the asylum officer determines meets the criteria for a positive protection merits determination1 the asylum officer shall approve the alien's application for asylum under section #bjh1 withholding of removal under section #bda7;b77#c71 or protection under the ,convention ,against ,torture4 7#c7 ,negative protection merits determination 7,a7 ,in general ,in the case of an alien who the asylum officer determines does not meet the criteria for a positive protection merits determination-- 7i7 the asylum officer shall deny the alien's application for asylum under section #bjh1 withholding of removal under section #bda7;b77#c71 or protection under the ,convention ,against ,torture2 and 7ii7 the ,secretary shall-- 7,i7 provide the alien with written notice of the decision2 and 7,,ii7 subject to subparagraph 7,b7 and subsection 7e71 order the removal of the alien from the ,united ,states4 7,b7 ,request for reconsideration ,any alien with respect to whom a negative protection merits determination has been made may submit a request for reconsideration to ,u4,s4 ,citizenship and ,immigration ,services not later than #e days after such determination1 in accordance with the procedures set forth in section #bce;,b7d77#c74 7e7 ,appeals 7#a7 ,in general ,an alien with respect to whom a negative protection merits determination has been made may submit to the ,protection ,appellate ,board a written petition for review of such determination1 together with additional evidence supporting the alien's claim1 as applicable1 not later than #g days after the date on which a request for reconsideration under subsection 7d77#c77;,b7 has been denied4 7#b7 ,sworn statement ,a petition for review submitted under this subsection shall include a sworn statement by the alien4 7#c7 ,responsibilities of the ,director 7,a7 ,in general ,after the filing of a petition for review by an alien1 the ,director shall-- 7i7 refer the alien's petition for review to the ,protection ,appellate ,board2 and 7ii7 before the date on which the ,protection ,appellate ,board commences review1 subject to subparagraph 7,b71 provide a full record of the alien's protection merits interview1 including a transcript of such interview-- 7,i7 to the ,protection ,appellate ,board2 and 7,,ii7 to the alien1 or the alien's counsel of record4 7,b7 ,protection of certain information ,before providing the record described in subparagraph 7,a77ii77,,ii7 to the alien or the alien's counsel of record1 the ,director shall protect any information the disclosure of which is prohibited by law4 7#d7 ,standard of review 7,a7 ,in general ,in reviewing a protection merits determination under this subsection1 the ,protection ,appellate ,board shall-- 7i7 with respect to questions of fact1 determine whether the decision reached by the asylum officer with initial jurisdiction regarding the alien's eligibility for relief or protection was clear error2 and 7ii7 with respect to questions of law1 discretion1 and judgement1 make a de novo determination with respect to the alien's eligibility for relief or protection4 7,b7 in making a determination under clause 7i7 or 7ii7 of subparagraph 7,a71 take into account the credibility of the statements made by the alien in support of the alien's claim and such other facts as are known to the ,protection ,appellate ,board4 7#e7 ,completion ,to the maximum extent practicable1 not later than #g days after the date on which an alien files a petition for review with the ,protection ,appellate ,board1 the ,protection ,appellate ,board shall conclude the review4 7#f7 ,opportunity to supplement ,the ,protection ,appellate ,board shall establish a process by which an alien1 or the alien's counsel of record1 may supplement the record for purposes of a review under this subsection not less than #cj days before the ,protection ,appellate ,board commences the review4 7#g7 ,result of review 7,a7 ,vacatur of order of removal ,in the case of a determination by the ,protection ,appellate ,board that the application of an alien for asylum warrants approval1 the ,protection ,appellate ,board shall vacate the order of removal issued by the asylum officer and grant such application4 7,b7 ,withholding of removal and convention against torture order of removal ,in the case of a determination by the ,protection ,appellate ,board that the application of an alien for withholding of removal under section #bda7;b77#c7 or protection under the ,convention ,against ,torture warrants approval1 the ,protection ,appellate ,board-- 7i7 shall not vacate the order of removal issued by the asylum officer2 and 7ii7 shall grant the application for withholding of removal under section #bda7;b77#c7 or protection under the ,convention ,against ,torture1 as applicable4 7,c7 ,affirmation of order of removal ,in the case of a determination by the ,protection ,appellate ,board that the petition for review of a protection merits interview does not warrant approval1 the ,protection ,appellate ,board shall affirm the denial of such application and the order of removal shall become final4 7,d7 ,notification ,upon making a determination with respect to a review under this subsection1 the ,protection ,appellate ,board shall expeditiously provide notice of the determination to the alien and1 as applicable1 to the alien's counsel of record4 7#h7 ,motion to reopen or motion to reconsider 7,a7 ,motion to reopen ,a motion to reopen a review conducted by the ,protection ,appellate ,board shall state new facts and shall be supported by documentary evidence4 ,the resubmission of previously provided evidence or reassertion of previously stated facts shall not be sufficient to meet the requirements of a motion to reopen under this subparagraph4 ,an alien with a pending motion to reopen may be removed if the alien's order of removal is final1 pending a decision on a motion to reopen4 7,b7 ,motion to reconsider 7i7 ,in general ,a motion to reconsider a decision of the ,protection ,appellate ,board-- 7,i7 shall establish that-- 7aa7 the ,protection ,appellate ,board based its decision on an incorrect application of law or policy2 and 7bb7 the decision was incorrect based on the evidence in the record of proceedings at the time of the decision2 and 7,,ii7 shall be filed not later than #cj days after the date on which the decision was issued4 7ii7 ,limitation ,the ,protection ,appellate ,board shall not consider new facts or evidence submitted in support of a motion to reconsider4 7f7 ,order of removal 7#a7 ,in general ,the ,secretary-- 7,a7 shall have exclusive and final jurisdiction over the denial of an application for relief or protection under this section2 and 7,b7 may remove an alien to a country where the alien is a subject1 national1 or citizen1 or in the case of an alien having no nationality1 the country of the alien's last habitual residence1 or in accordance with the processes established under section #bda1 unless removing the alien to such country would be prejudicial to the interests of the ,united ,states4 7#b7 ,detention2 removal ,the terms and conditions under section #bda shall apply to the detention and removal of aliens ordered removed from the ,united ,states under this section4 7g7 ,limitation on judicial review 7#a7 ,denials of protection ,except for review of constitutional claims1 no court shall have jurisdiction to review a decision issued by ,u4,s4 ,citizenship and ,immigration ,services under this section denying an alien's application for asylum under section #bjh1 withholding of removal under section #bda7;b77#c71 or protection under the ,convention ,against ,torture4 7#b7 ,final removal orders ,no court shall have jurisdiction to review a final order of removal issued under this section4 7h7 ,rulemaking 7#a7 ,in general ,the ,secretary may promulgate such regulations as are necessary to implement this section in compliance with the requirements of section #eec of title #e1 ,united ,states ,code4 7#b7 ,initial implementation ,until the date that is #ahj days after the date of the enactment of this section1 the ,secretary may issue any interim final rules necessary to implement this section without having to satisfy the requirements of section #eec7;b77,b7 of title #e1 ,united ,states ,code1 provided that any such interim final rules shall include a #cj-;day post promulgation notice and comment period prior to finalization in the ,federal ,register4 7#c7 ,requirement ,all regulations promulgated to implement this section beginning on the date that is #ahj days after the date of the enactment of this section1 shall be issued pursuant to the requirements set forth in section #eec of title #e1 ,united ,states ,code4 7i7 ,savings provisions 7#a7 ,detention ,nothing in this section may be construed to affect the authority of the ,secretary to detain an alien who is processed1 including for release1 under this section if otherwise authorized by law4 7#b7 ,settlement agreements ,nothing in this section may be construed-- 7,a7 to expand or restrict any settlement agreement in effect on the date of the enactment of this section2 or 7,b7 to abrogate any provision of the stipulated settlement agreement in ,reno v4 ,flores1 as filed in the ,united ,states ,district ,court for the ,central ,district of ,california on ,january #ag1 #aiig 7,,cv-#he-dedd-,,rjk71 including all subsequent court decisions1 orders1 agreements1 and stipulations4 7#c7 ,impact on other removal proceedings ,the provisions of this section may not be interpreted to apply to any other form of removal proceedings4 7#d7 ,conversion to removal proceedings under section #bdj ,the asylum officer or immigration officer may refer or place an alien into removal proceedings under section #bdj by issuing a notice to appear for the purpose of initiating such proceedings if either such officer determines that-- 7,a7 such proceedings are required in order to permit the alien to seek an immigration benefit for which the alien is legally entitled to apply2 and 7,b7 such application requires such alien to be placed in1 or referred to proceedings under section #bdj that are not available to such alien under this section4 7j7 ,family unity ,in the case of an alien with a minor child in the ,united ,states who has been ordered removed pursuant to this section1 the ,secretary shall ensure that such alien is removed with the minor child1 if the alien elects4 7k7 ,judicial review ,notwithstanding any other provision of this ,act1 judicial review of any decision or action in this section shall be governed only by the ,united ,states ,district ,court for the ,district of ,columbia1 which shall have sole and original jurisdiction to hear challenges1 whether constitutional or otherwise1 to the validity of this section or any written policy directive1 written policy guideline1 written procedure1 or the implementation thereof1 issued by or under the authority of the ,secretary to implement this section4 7l7 ,definitions ,in this section3 7#a7 ,asylum officer ,the term asylum officer has the meaning given such term in section #bce7;b77#a77;,e74 7#b7 ,convention ,against ,torture ,the term ,convention ,against ,torture means the ,united ,nations ,convention against ,torture and ,other ,cruel1 ,inhuman or ,degrading ,treatment or ,punishment1 done at ,new ,york ,december #aj1 #aihd1 including any implementing regulations4 7#c7 ,director ,the term ,director means the ,director of ,u4,s4 ,citizenship and ,immigration ,services4 7#d7 ,exceptional circumstances ,the term exceptional circumstances has the meaning given such term in section #bdj7;e77#a74 7#e7 ,final order of removal ,the term final order of removal means an order of removal made by an asylum officer at the conclusion of a protection determination1 and any appeal of such order1 as applicable4 7#f7 ,protection ,appellate ,board ,the term ,protection ,appellate ,board means the ,protection ,appellate ,board established under section #dfc of the ,homeland ,security ,act of #bjjb4 7#g7 ,protection determination decision ,the term protection determination decision means the service of a negative or positive protection determination outcome4 7#h7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4 4 7b7 ,clerical amendment ,the table of contents of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 is amended by inserting after the item relating to section #bdj;,c the following3 ,sec4 #bdj;,d4 ,protection merits removal proceedings4 4 #adc4 ,voluntary departure after noncustodial processing2 withdrawal of application for admission 7a7 ,in general ,chapter #d of title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abba et seq471 as amended by section #adb7;a71 is further amended by inserting after section #bdj;,d the following3 #bdj;,e4 ,voluntary departure after noncustodial processing 7a7 ,conditions 7#a7 ,in general ,the ,secretary of ,homeland ,security 7referred to in this section as the ,secretary7 may permit an alien to voluntarily depart the ,united ,states under this subsection1 at the alien's own expense1 instead of being subject to proceedings under section #bce;,b or #bdj;,d or before the completion of such proceedings1 if such alien is not deportable under paragraph 7#b77;,a77iii7 or 7#d77;,b7 of section #bcg7;a74 7#b7 ,period of validity ,permission to depart voluntarily under this subsection shall be valid for a period not to exceed #abj days4 7#c7 ,departure bond ,the ,secretary may require an alien permitted to depart voluntarily under this subsection to post a voluntary departure bond1 which shall be surrendered upon proof that the alien has departed the ,united ,states within the time specified in such bond4 7b7 ,at conclusion of proceedings 7#a7 ,in general ,the ,secretary may permit an alien to voluntarily depart the ,united ,states under this subsection1 at the alien's own expense1 if1 at the conclusion of a proceeding under section #bdj;,d1 the asylum officer-- 7,a7 enters an order granting voluntary departure instead of removal2 and 7,b7 determines that the alien-- 7i7 has been physically present in the ,united ,states for not less than #fj days immediately preceding the date on which proper notice was served in accordance with section #bce;,b7e77#b72 7ii7 is1 and has been1 a person of good moral character for at least #e years immediately preceding the alien's application for voluntary departure2 7iii7 is not deportable under paragraph 7#b77;,a77iii7 or 7#d7 of section #bcg7;a72 and 7iv7 has established1 by clear and convincing evidence1 that he or she has the means to depart the ,united ,states and intends to do so4 7#b7 ,departure bond ,the ,secretary shall require any alien permitted to voluntarily depart under this subsection to post a voluntary departure bond1 in an amount necessary to ensure that such alien will depart1 which shall be surrendered upon proof that the alien has departed the ,united ,states within the time specified in such bond4 7c7 ,ineligible aliens ,the ,secretary shall not permit an alien to voluntarily depart under this section if such alien was previously permitted to voluntarily depart after having been found inadmissible under section #bab7;a77#f77;,a74 7d7 ,civil penalty for failure to depart 7#a7 ,in general ,subject to paragraph 7#b71 an alien who was permitted to voluntarily depart the ,united ,states under this section and fails to voluntarily depart within the period specified by the ,secretary-- 7,a7 shall be subject to a civil penalty of not less than #a1jjj and not more than #e1jjj2 and 7,b7 shall be ineligible1 during the #aj-year period beginning on the last day such alien was permitted to voluntarily depart1 to receive any further relief under this section and sections #bdj;,a1 #bde1 #bdh1 and #bdi4 7#b7 ,special rule ,the restrictions on relief under paragraph 7#a7 shall not apply to individuals identified in section #bdj;,b7d77#b74 7#c7 ,notice ,the order permitting an alien to voluntarily depart shall describe the penalties under this subsection4 7e7 ,additional conditions ,the ,secretary may prescribe regulations that limit eligibility for voluntary departure under this section for any class of aliens4 ,no court may review any regulation issued under this subsection4 7f7 ,judicial review ,no court has jurisdiction over an appeal from the denial of a request for an order of voluntary departure under subsection 7b74 ,no court may order a stay of an alien's removal pending consideration of any claim with respect to voluntary departure4 7g7 ,rule of construction ,nothing in this section may be construed to affect any voluntary departure relief in any other section of this ,act4 #bdj;,f4 ,withdrawal of application for admission 7a7 ,withdrawal authorized ,the ,secretary of ,homeland ,security 7referred to in this section as the ,secretary71 in the discretion of the ,secretary1 may permit any alien for admission to withdraw his or her application-- 7#a7 instead of being placed into removal proceedings under section #bce;,b or #bdj;,d2 or 7#b7 at any time before the alien's protection merits interview occurs under section #bdj;,d4 7b7 ,conditions ,an alien's decision to withdraw his or her application for admission under subsection 7a7 shall be made voluntarily4 ,permission to withdraw an application for admission may not be granted unless the alien intends and is able to depart the ,united ,states within a period determined by the ,secretary4 7c7 ,consequence for failure to depart ,an alien who is permitted to withdraw his or her application for admission under this section and fails to voluntarily depart the ,united ,states within the period specified by the ,secretary pursuant to subsection 7b7 shall be ineligible1 during the #e-year period beginning on the last day of such period1 to receive any further relief under this section and section #bdj;,a4 7d7 ,family unity ,in the case of an alien with a minor child in the ,united ,states who has been ordered removed after withdrawing an application under this section1 the ,secretary shall ensure that such alien is removed with the minor child1 if the alien elects4 7e7 ,rule of construction ,nothing in this section may be construed to affect any withdrawal requirements in any other section of this ,act4 4 7b7 ,clerical amendment ,the table of contents of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq471 as amended by section #adb7;b71 is further amended by inserting after the item relating to section #bdj;,d the following3 ,sec4 #bdj;,e4 ,voluntary departure after noncustodial processing4 ,sec4 #bdj;,f4 ,withdrawal of application for admission4 4 #add4 ,voluntary repatriation 7a7 ,in general ,chapter #d of title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abba et seq471 as amended by section #adc7;a71 is further amended by inserting after section #bdj;,f1 the following3 #bdj;,g4 ,voluntary repatriation 7a7 ,establishment ,the ,secretary of ,homeland ,security 7referred to in this section as the ,secretary7 shall establish a voluntary repatriation program in accordance with the terms and conditions of this section4 7b7 ,voluntary repatriation in lieu of proceedings ,under the voluntary repatriation program established under subsection 7a71 the ,secretary may permit an alien to elect1 at any time during proceedings under section #bce;,b or before the alien's protection merits determination under section #bdj;,d7d71 voluntary repatriation in lieu of continued proceedings under section #bce;,b or #bdj;,d4 7c7 ,period of validity ,an alien who elects voluntary repatriation shall depart the ,united ,states within a period determined by the ,secretary1 which may not exceed #abj days4 7d7 ,procedures ,consistent with subsection 7b71 the ,secretary may permit an alien to elect voluntary repatriation if the asylum officer-- 7#a7 enters an order granting voluntary repatriation instead of an order of removal2 and 7#b7 determines that the alien-- 7,a7 has been physically present in the ,united ,states immediately preceding the date on which the alien elects voluntary repatriation2 7,b7 is1 and has been1 a person of good moral character for the entire period the alien is physically present in the ,united ,states2 7,c7 is not described in paragraph 7#b77;,a77iii7 or 7#d7 of section #bcg7;a72 7,d7 meets the applicable income requirements1 as determined by the ,secretary2 and 7,e7 has not previously elected voluntary repatriation4 7e7 ,minimum requirements 7#a7 ,notice ,the notices required to be provided to an alien under sections #bce;,b7b77#b7 and #bdj;,d7c77#a7 shall include information on the voluntary repatriation program4 7#b7 ,verbal requirements ,the asylum officer shall verbally provide the alien with information about the opportunity to elect voluntary repatriation-- 7,a7 at the beginning of a protection determination under section #bce;,b7c77#b72 and 7,b7 at the beginning of the protection merits interview under section #bdj;,d7b77#c74 7#c7 ,written request ,an alien subject to section #bce;,b or #bdj;,d-- 7,a7 may elect voluntary repatriation at any time during proceedings under #bce;,b or before the protection merits determination under section #bdj;,d7d72 and 7,b7 may only elect voluntary repatriation-- 7i7 knowingly and voluntarily2 and 7ii7 in a written format1 to the maximum extent practicable1 in the alien's native language or in a language the alien understands1 or in an alternative record if the alien is unable to write4 7f7 ,repatriation ,the ,secretary is authorized to provide transportation to aliens1 including on commercial flights1 if such aliens elect voluntary repatriation4 7g7 ,reintegration ,upon election of voluntary repatriation1 the ,secretary shall advise the alien of any applicable reintegration or reception program available in the alien's country of nationality4 7h7 ,family unity ,in the case of an alien with a minor child in the ,united ,states who has been permitted to voluntarily repatriate pursuant to this section1 the ,secretary shall ensure that such alien is repatriated with the minor child1 if the alien elects4 7i7 ,immigration consequences 7#a7 ,election timing ,in the case of an alien who elects voluntary repatriation at any time during proceeding under section #bce;,b or before the protection merits interview1 a final order of removal shall not be entered against the alien4 7#b7 ,failure to timely depart ,in the case of an alien who elects voluntary repatriation and fails to depart the ,united ,states before the end of the period of validity under subsection 7c7-- 7,a7 the alien shall be subject to a civil penalty in an amount equal to the cost of the commercial flight or the ticket1 or tickets1 to the country of nationality2 7,b7 during the #aj-year period beginning on the date on which the period of validity under subsection 7c7 ends1 the alien shall be ineligible for relief under-- 7i7 this section2 7ii7 section #bdj;,a2 and 7iii7 section #bdj;,e2 and 7,c7 a final order of removal shall be entered against the alien4 7#c7 ,exceptions ,paragraph 7#b7 shall not apply to a child of an adult alien who elected voluntary repatriation4 7j7 ,clerical matters 7#a7 ,rule of construction ,nothing in this section may be construed to affect any voluntary departure under any other section of this ,act4 7#b7 ,savings clause ,nothing in this section may be construed to supersede the requirements of section #bda7;b77#c74 7#c7 ,judicial review ,no court shall have jurisdiction of the ,secretary's decision1 in the ,secretary's sole discretion1 to permit an alien to elect voluntary repatriation4 ,no court may order a stay of an alien's removal pending consideration of any claim with respect to voluntary repatriation4 7#d7 ,appropriations ,there are authorized to be appropriated to the ,secretary such sums as necessary to carry out this section4 7k7 ,voluntary repatriation defined ,the term voluntary repatriation means the free and voluntary return of an alien to the alien's country of nationality 7or in the case of an alien having no nationality1 the country of the alien's last habitual residence7 in a safe and dignified manner1 consistent with the obligations of the ,united ,states under the ,convention ,relating to the ,status of ,refugees1 done at ,geneva ,july #bh1 #aieb 7as made applicable by the#aifg ,protocol ,relating to the ,status of ,refugees1 done at ,new ,york ,january #ca1 #aifg 7#ai ,,ust #fbbc774 4 7b7 ,clerical amendment ,the table of contents of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq471 as amended by section #adc7;b71 is further amended by inserting after the item relating to section #bdj;,f the following3 ,sec4 #bdj;,g4 ,voluntary repatriation4 4 #ade4 ,immigration ,examinations ,fee ,account ,section #bhf of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acef7 is amended-- 7#a7 in subsection 7m71 by striking collected4 and inserting collected3 ,provided further1 ,that such fees may not be set to recover any costs associated with the implementation of sections #bce;,b and #bdj;,d1 are appropriated by ,congress1 and are not subject to the fees collected42 and 7#b7 in subsection 7n71 by adding at the end the following3 ,funds deposited in the ,immigration ,examinations ,fee ,account shall not be used to reimburse any appropriation for expenses associated with the implementation of sections #bce;,b and #bdj;,d44 #adf4 ,border reforms 7a7 ,special rules for contiguous continental land borders 7#a7 ,in general ,chapter #d of title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abba et seq47 is amended by adding at the end the following3 #bdd;,a4 ,special rules for contiguous continental land borders 7a7 ,in general ,an alien described in section #bce or #bce;,b who arrives by land from a contiguous continental land border 7whether or not at a designated port of arrival71 absent unusual circumstances1 shall be promptly subjected to the mandatory provisions of such sections unless the ,secretary of ,homeland ,security 7referred to in this section as the ,secretary7 determines1 on a case-by-case basis1 that there is-- 7#a7 an exigent medical circumstance involving the alien that requires the alien's physical presence in the ,united ,states2 7#b7 a significant law enforcement or intelligence purpose warranting the alien's presence in the ,united ,states2 7#c7 an urgent humanitarian reason directly pertaining to the individual alien1 according to specific criteria determined by the ,secretary2 7#d7 a ,tribal religious ceremony1 cultural exchange1 celebration1 subsistence use1 or other culturally important purpose warranting the alien's presence in the ,united ,states on ,tribal land located at or near an international land border2 7#e7 an accompanying alien whose presence in the ,united ,states is necessary for the alien who meets the criteria described in any of the paragraphs 7#a7 through 7#d7 to further the purposes of such provisions2 or 7#f7 an alien who1 while in the ,united ,states1 had an emergent personal or bona fide reason to travel temporarily abroad and received approval for ,advance ,parole from the ,secretary4 7b7 ,rules of construction ,nothing in this section may be construed-- 7#a7 to preclude the execution of section #bce7;a77#d7 or #bda7;a77#e72 7#b7 to expand or restrict the authority to grant parole under section #bab7;d77#e71 including for aliens arriving at a port of entry by air or sea1 other than an alien arriving by land at a contiguous continental land border for whom a special rule described in subsection 7a7 applies2 or 7#c7 to refer to or place an alien in removal proceedings pursuant to section #bdj1 or in any other proceedings1 if such referral is not otherwise authorized under this ,act4 7c7 ,transition rules 7#a7 ,mandatory processing ,beginning on the date that is #ij days after the date of the enactment of this section1 the ,secretary shall require any alien described in subsection 7a7 who does not meet any of the criteria described in paragraphs 7#a7 through 7#f7 of that subsection to be processed in accordance with section #bce or #bce;,b1 as applicable1 unless such alien is subject to removal proceedings under subsection 7b77#c74 7#b7 ,pre-certification referrals and placements ,before the ,comptroller ,general of the ,united ,states has certified that sections #bce;,b and #bdj;,d are fully operational pursuant to section #adf7;d7 of the ,border ,act1 the ,secretary shall refer or place aliens described in subsection 7a7 in proceedings under section #bdj based upon operational considerations regarding the capacity of the ,secretary to process aliens under section #bce or section #bce;,b1 as applicable4 7#c7 ,post-certification referrals and placements ,after the ,comptroller ,general makes the certification referred to in paragraph 7#b71 the ,secretary may only refer aliens described in subsection 7a7 to1 or place such aliens in1 proceedings under section #bce7;b7 or #bce;,b1 as applicable1 unless such alien is subject to removal proceedings under subsection 7b77#c74 4 7#b7 ,clerical amendment ,the table of contents of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 is amended by inserting after the item relating to section #bdd the following3 ,sec4 #bdd;,a4 ,special rules for contiguous continental land borders4 4 7b7 ,modification of authority to arrest1 detain1 and release aliens 7#a7 ,in general ,section #bcf7;a77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf7;a77#b77 is amended-- 7,a7 in the matter preceding subparagraph 7,a71 by striking on2 7,b7 in subparagraph 7,a71 by inserting on before bond2 and 7,c7 by amending subparagraph 7,b7 to read as follows3 7,b7 7i7 in the case of an alien encountered in the interior1 on conditional parole2 or 7ii7 in the case of an alien encountered at the border-- 7,i7 pursuant to the procedures under #bce;,b2 or 7,,ii7 on the alien's own recognizance with placement into removal proceedings under #bdj2 and 4 7#b7 ,effective date ,the amendments made by paragraph 7#a7 shall take effect immediately after the ,comptroller ,general of the ,united ,states certifies1 in accordance with subsection 7d71 that sections #bce;,b and #bdj;,d of the ,immigration and ,nationality ,act1 as added by sections #ada and #adb1 are fully operational4 7c7 ,reporting requirement 7#a7 ,in general ,section #bcf of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf7 is amended by adding at the end the following3 7f7 ,semiannual report 7#a7 ,in general ,not later than #ahj days after the date on which the ,comptroller ,general makes the certification described in section #adf7;d7 of the ,border ,act1 and every #ahj days thereafter1 the ,secretary of ,homeland ,security shall publish1 on a publicly accessible internet website in a downloadable and searchable format1 a report that describes each use of the authority of the ,secretary under subsection 7a77#b77;,b77ii77,,ii74 7#b7 ,elements ,each report required by paragraph 7#a7 shall include1 for the applicable #ahj-;day reporting period-- 7,a7 the number of aliens released pursuant to the authority of the ,secretary of ,homeland ,security under subsection 7a77#b77;,b77ii77,,ii72 7,b7 with respect to each such release-- 7i7 the rationale2 7ii7 the ,border ,patrol sector in which the release occurred2 and 7iii7 the number of days between the scheduled date of the protection determination and the date of release from physical custody4 7#c7 ,privacy protection ,each report published under paragraph 7#a7-- 7,a7 shall comply with all applicable ,federal privacy laws2 and 7,b7 shall not disclose any information contained in1 or pertaining to1 a protection determination4 4 7#b7 ,effective date ,the amendment made by paragraph 7#a7 shall take effect immediately after the ,comptroller ,general of the ,united ,states certifies1 in accordance with subsection 7d71 that sections #bce;,b and #bdj;,d of the ,immigration and ,nationality ,act1 as added by sections #ada and #adb1 are fully operational4 7d7 ,certification process 7#a7 ,definitions ,in this subsection3 7,a7 ,fully operational ,the term fully operational means the ,secretary has the necessary resources1 capabilities1 and personnel to process all arriving aliens referred to in sections #bce;,b and #bdj;,d of the ,immigration and ,nationality ,act1 as added by sections #ada and #adb1 within the timeframes required by such sections4 7,b7 ,required parties ,the term required parties means-- 7i7 the ,president2 7ii7 the ,secretary2 7iii7 the ,attorney ,general2 7iv7 the ,director of the ,office of ,management and ,budget2 7v7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7vi7 the ,committee on the ,judiciary of the ,senate2 7vii7 the ,committee on ,appropriations of the ,senate2 7viii7 the ,committee on ,homeland ,security of the ,house of ,representatives2 7ix7 the ,committee on the ,judiciary of the ,house of ,representatives2 and 7x7 the ,committee on ,appropriations of the ,house of ,representatives4 7#b7 ,review 7,a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall review the implementation of sections #bce;,b and #bdj;,d of the ,immigration and ,nationality ,act1 as added by sections #ada and #adb1 to determine whether such sections are fully operational4 7,b7 ,review elements ,in completing the review required under subparagraph 7,a71 the ,comptroller ,general shall assess1 in comparison to the available resources1 capabilities1 and personnel on the date of the enactment of this ,act1 whether there are sufficient-- 7i7 properly trained personnel1 including support personnel2 7ii7 real property assets and other required capabilities2 7iii7 information technology infrastructure2 7iv7 field manuals and guidance1 regulations1 and policies2 7v7 other investments that the ,comptroller ,general considers necessary2 and 7vi7 asylum officers to effectively process all aliens who are considered amenable for processing under section #bce7;b71 section #bce;,b1 section #bdj1 and section #bdj;,d of the ,immigration and ,nationality ,act4 7#c7 ,certification of full implementation ,if the ,comptroller ,general determines1 after completing the review required under paragraph 7#b71 that sections #bce;,b and #bdj;,d of the ,immigration and ,nationality ,act are fully operational1 the ,comptroller ,general shall immediately submit to the required parties a certification of such determination4 7#d7 ,noncertification and subsequent reviews ,if the ,comptroller ,general determines1 after completing the review required under paragraph 7#b71 that such sections #bce;,b and #bdj;,d are not fully operational1 the ,comptroller ,general shall-- 7,a7 notify the required parties of such determination1 including the reasons for such determination2 7,b7 conduct a subsequent review in accordance with paragraph 7#b77;,a7 not later than #ahj days after each previous review that concluded that such sections #bce;,b and #bdj;,d were not fully operational2 and 7,c7 conduct a subsequent review not later than #ij days after each time ,congress appropriates additional funding to fully implement such sections #bce;,b and #bdj;,d4 7#e7 ,determination of the secretary ,not later than #g days after receiving a certification described in paragraph 7#c71 the ,secretary shall confirm or reject the certification of the ,comptroller ,general4 7#f7 ,effect of rejection 7,a7 ,notification ,if the ,secretary rejects a certification of the of the ,comptroller ,general pursuant to paragraph 7,a71 the ,secretary shall immediately-- 7i7 notify the ,president1 the ,comptroller ,general1 and the congressional committees listed in paragraph 7#a7 of such rejection2 and 7ii7 provide such entities with a rationale for such rejection4 7,b7 ,subsequent reviews ,if the ,comptroller ,general receives a notification of rejection from the ,secretary pursuant to subparagraph 7,a71 the ,comptroller ,general shall conduct a subsequent review in accordance with paragraph 7#d77;,b74 #adg4 ,protection ,appellate ,board 7a7 ,in general ,subtitle ,e of title ,,iv of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bga et seq47 is amended by adding at the end the following3 #dfc4 ,protection ,appellate ,board 7a7 ,establishment ,the ,secretary shall establish within the ,u4,s4 ,citizenship and ,immigration ,services an appellate authority to conduct administrative appellate reviews of protection merits determinations made under section #bdj;,d of the ,immigration and ,nationality ,act in which the alien is denied relief or protection1 to be known as the ,protection ,appellate ,board4 7b7 ,composition ,each panel of the ,protection ,appellate ,board shall be composed of #c ,u4,s4 ,citizenship and ,immigration ,services asylum officers 7as defined in section #bce7;b77#a77;,e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe7;b77#a77;,e7771 assigned to the panel at random1 who-- 7#a7 possess the necessary experience adjudicating asylum claims2 and 7#b7 are from diverse geographic regions4 7c7 ,duties of asylum officers ,in conducting a review under section #bdj;,d7e7 of the ,immigration and ,nationality ,act1 each asylum officer assigned to a panel of the ,protection ,appellate ,board shall independently review the file of the alien concerned1 including-- 7#a7 the record of the alien's protection determination 7as defined in section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a7771 as applicable2 7#b7 the alien's application for a protection merits interview 7as defined in section #bdj;,d7l7 of that ,act72 7#c7 a transcript of the alien's protection merits interview2 7#d7 the final record of the alien's protection merits interview2 7#e7 a sworn statement from the alien identifying new evidence or alleged error and any accompanying information the alien or the alien's legal representative considers important2 and 7#f7 any additional materials1 information1 or facts inserted into the record4 7d7 ,decisions ,any final determination made by a panel of the ,protection ,appellate ,board shall be by majority decision1 independently submitted by each member of the panel4 7e7 ,exclusive jurisdiction ,the ,protection ,appellate ,board shall have exclusive jurisdiction to review appeals of negative protections merits determinations4 7f7 ,protections for decisions based on merits of case ,the ,director of ,u4,s4 ,citizenship and ,immigration ,services may not impose restrictions on an asylum officer's ability to grant or deny relief or protection based on a numerical limitation4 7g7 ,reports 7#a7 ,in general ,not later than #a year after the date of the enactment of this section1 and annually thereafter1 the ,secretary-- 7,a7 shall submit a report to the appropriate committees of the ,congress that includes1 for the preceding year-- 7i7 the number of petitions for review submitted by aliens under section #bdj;,d7e7 of the ,immigration and ,nationality ,act2 7ii7 the number of appeals considered by the ,protection ,appellate ,board under such section that resulted in a grant of relief or protection2 7iii7 the number of appeals considered by the ,protection ,appellate ,board under such section that resulted in a denial of relief or protection2 7iv7 the geographic regions in which the members of the ,protection ,appellate ,board held their primary duty station2 7v7 the tenure of service of the members of the ,protection ,appellate ,board2 7vi7 a description of any anomalous case outcome identified by the ,secretary and the resolution of any such case outcome2 7vii7 the number of unanimous decisions by the ,protection ,appellate ,board2 7viii7 an identification of the number of cases the ,protection ,appellate ,board was unable to complete in the timelines specified under section #bdj;,d7e7 of the ,immigration and ,nationality ,act2 and 7ix7 a description of any steps taken to remediate any backlog identified under clause 7viii71 as applicable2 and 7,b7 in submitting each such report1 shall protect all personally identifiable information of ,federal employees and aliens who are subject to the reporting under this subsection4 7#b7 ,appropriate committees of ,congress defined ,in this subsection1 the term appropriate committees of ,congress means-- 7,a7 the ,committee on ,appropriations of the ,senate2 7,b7 the ,committee on the ,judiciary of the ,senate2 7,c7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,d7 the ,committee on ,appropriations of the ,house of ,representatives2 7,e7 the ,committee on the ,judiciary of the ,house of ,representatives2 and 7,f7 the ,committee on ,homeland ,security of the ,house of ,representatives4 4 7b7 ,clerical amendment ,the table of contents of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aja et seq47 is amended by inserting after the item relating to section #dfb the following3 ,sec4 #dfc4 ,protection ,appellate ,board4 4 ,,ii ,asylum processing enhancements #bja4 ,combined screenings ,section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77 is amended by adding at the end the following3 7#ec7 ,the term protection determination means-- 7,a7 a screening conducted pursuant to section #bce7;b77#a77;,b77v72 or 7,b7 a screening to determine whether an alien is eligible for-- 7i7 withholding of removal under section #bda7;b77#c72 or 7ii7 protection under the ,convention against ,torture and ,other ,cruel1 ,inhuman or ,degrading ,treatment or ,punishment1 done at ,new ,york ,december #aj1 #aihd1 which includes the regulations implementing any law enacted pursuant to ,article #c of such convention4 7#ed7 ,the term protection merits interview means an interview to determine whether an alien-- 7,a7 meets the definition of refugee under paragraph 7#db71 in accordance with the terms and conditions under section #bjh2 7,b7 is eligible for withholding of removal under section #bda7;b77#c72 or 7,c7 is eligible for protection under the ,convention against ,torture and ,other ,cruel1 ,inhuman or ,degrading ,treatment or ,punishment1 done at ,new ,york ,december #aj1 #aihd1 which includes the regulations implementing any law enacted pursuant to ,article #c of such convention4 4 #bjb4 ,credible fear standard and asylum bars at screening interview ,section #bce7;b77#a77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe7;b77#a77;,b77 is amended-- 7#a7 in clause 7v71 by striking significant possibility and inserting reasonable possibility2 and 7#b7 by adding at the end1 the following3 7vi7 ,asylum exceptions ,an asylum officer1 during the credible fear screening of an alien-- 7,i7 shall determine whether any of the asylum exceptions under section #bjh7;b77#b7 disqualify the alien from receiving asylum2 and 7,,ii7 may determine that the alien does not meet the definition of credible fear of persecution under clause 7v7 if any such exceptions apply1 including whether any such exemptions to such disqualifying exceptions may apply4 4 #bjc4 ,internal relocation 7a7 ,in general ,section #bjh7;b77#b77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7;b77#b77;,a77 is amended-- 7#a7 in clause 7v71 by striking or at the end2 7#b7 in clause 7vi71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7vii7 there are reasonable grounds for concluding that the alien could avoid persecution by relocating to-- 7,i7 another location in the alien's country of nationality2 or 7,,ii7 in the case of an alien having no nationality1 another location in the alien's country of last habitual residence4 4 7b7 ,inapplicability ,section #bdd7;c77#b77;,b77ii7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abed;a7c77#b77;,b77ii77 is amended by inserting clauses 7i7 through 7vi7 of after described in4 #bjd4 ,asylum officer clarification ,section #bce7;b77#a77;,e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe7;b77#a77;,e77 is amended-- 7#a7 in clause 7i71 by striking comparable to and all that follows and inserting 1 including nonadversarial techniques22 7#b7 in clause 7ii71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7iii7 7,i7 is an employee of ,u4,s4 ,citizenship and ,immigration ,services2 and 7,,ii7 is not a law enforcement officer4 4 ,,iii ,securing ,america ,a ,border emergency authority #cja4 ,border emergency authority 7a7 ,in general ,chapter #d of title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abba et seq471 as amended by section #adf7;a71 is further amended by adding at the end the following3 #bdd;,b4 ,border emergency authority 7a7 ,use of authority 7#a7 ,in general ,in order to respond to extraordinary migration circumstances1 there shall be available to the ,secretary1 notwithstanding any other provision of law1 a border emergency authority4 7#b7 ,exceptions ,the border emergency authority shall not be activated with respect to any of the following3 7,a7 ,a citizen or national of the ,united ,states4 7,b7 ,an alien who is lawfully admitted for permanent residence4 7,c7 ,an unaccompanied alien child4 7,d7 ,an alien who an immigration officer determines1 with the approval of a supervisory immigration officer1 should be excepted from the border emergency authority based on the totality of the circumstances1 including consideration of significant law enforcement1 officer and public safety1 humanitarian1 and public health interests1 or an alien who an immigration officer determines1 in consultation with ,u4,s4 ,immigration and ,customs ,enforcement1 should be excepted from the border emergency authority due to operational considerations4 7,e7 ,an alien who is determined to be a victim of a severe form of trafficking in persons 7as defined in section #ajc of the ,trafficking ,victims ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gajb774 7,f7 ,an alien who has a valid visa or other lawful permission to enter the ,united ,states1 including-- 7i7 a member of the ,armed ,forces of the ,united ,states and associated personnel1 ,united ,states ,government employees or contractors on orders abroad1 or ,united ,states ,government employees or contractors1 and an accompanying family member who is on orders or is a member of the alien's household1 subject to required assurances2 7ii7 an alien who holds a valid travel document upon arrival at a port of entry2 7iii7 an alien from a visa waiver program country under section #bag who is not otherwise subject to travel restrictions and who arrives at a port of entry2 or 7iv7 an alien who presents at a port of entry pursuant to a process approved by the ,secretary to allow for safe and orderly entry into the ,united ,states4 7#c7 ,applicability ,the border emergency authority shall only be activated as to aliens who are not subject to an exception under paragraph 7#b71 and who are1 after the authority is activated1 within #ajj miles of the ,united ,states southwest land border and within the #ad-;day period after entry4 7b7 ,border emergency authority described 7#a7 ,in general ,whenever the border emergency authority is activated1 the ,secretary shall have the authority1 in the ,secretary's sole and unreviewable discretion1 to summarily remove from and prohibit1 in whole or in part1 entry into the ,united ,states of any alien identified in subsection 7a77#c7 who is subject to such authority in accordance with this subsection4 7#b7 ,terms and conditions 7,a7 ,summary removal ,notwithstanding any other provision of this ,act1 subject to subparagraph 7,b71 the ,secretary shall issue a summary removal order and summarily remove an alien to the country of which the alien is a subject1 national1 or citizen 7or1 in the case of an alien having no nationality1 the country of the alien's last habitual residence71 or in accordance with the processes established under section #bda1 unless the summary removal of the alien to such country would be prejudicial to the interests of the ,united ,states4 7,b7 ,withholding and ,convention ,against ,torture interviews 7i7 ,in general ,in the case of an alien subject to the border emergency authority who manifests a fear of persecution or torture with respect to a proposed country of summary removal1 an asylum officer 7as defined in section #bce7;b77#a77;,e77 shall conduct an interview1 during which the asylum officer shall determine that1 if such alien demonstrates during the interview that the alien has a reasonable possibility of persecution or torture1 such alien shall be referred to or placed in proceedings under section #bdj or #bdj;,d1 as appropriate4 7ii7 ,sole mechanism to request protection ,an interview under this subparagraph conducted by an asylum officer shall be the sole mechanism by which an alien described in clause 7i7 may make a claim for protection under-- 7,i7 section #bda7;b77#c72 and 7,,ii7 the ,convention ,against ,torture4 7iii7 ,alien referred for additional proceedings ,in the case of an alien interviewed under clause 7i7 who demonstrates that the alien is eligible to apply for protection under section #bda7;b77#c7 or the ,convention ,against ,torture1 the alien-- 7,i7 shall not be summarily removed2 and 7,,ii7 shall instead be processed under section #bdj or #bdj;,d1 as appropriate4 7iv7 ,additional review 7,i7 ,opportunity for secondary review ,a supervisory asylum officer shall review any case in which the asylum officer who interviewed the alien under the procedures in clause 7iii7 finds that the alien is not eligible for protection under section #bda7;b77#c7 or the ,convention ,against ,torture4 7,,ii7 ,vacatur ,if1 in conducting such a secondary review1 the supervisory asylum officer determines that the alien demonstrates eligibility for such protection-- 7aa7 the supervisory asylum officer shall vacate the previous negative determination2 and 7bb7 the alien shall instead be processed under section #bdj or #bdj;,d4 7,,iii7 ,summary removal ,if an alien does not seek such a secondary review1 or if the supervisory asylum officer finds that such alien is not eligible for such protection1 the supervisory asylum officer shall order the alien summarily removed without further review4 7#c7 ,activations of authority 7,a7 ,discretionary activation ,the ,secretary may activate the border emergency authority if1 during a period of #g consecutive calendar days1 there is an average of #d1jjj or more aliens who are encountered each day4 7,b7 ,mandatory activation ,the ,secretary shall activate the border emergency authority if-- 7i7 during a period of #g consecutive calendar days1 there is an average of #e1jjj or more aliens who are encountered each day2 or 7ii7 on any #a calendar day1 a combined total of #h1ejj or more aliens are encountered4 7,c7 ,calculation of activation 7i7 ,in general ,for purposes of subparagraphs 7,a7 and 7,b71 the average for the applicable #g-;day period shall be calculated using-- 7,i7 the sum of-- 7aa7 the number of encounters that occur between the southwest land border ports of entry of the ,united ,states2 7bb7 the number of encounters that occur between the ports of entry along the southern coastal borders2 and 7cc7 the number of inadmissible aliens encountered at a southwest land border port of entry as described in subsection 7a77#b77;,f77iv72 divided by 7,,ii7 #g4 7ii7 ,limitation ,aliens described in subsection 7a77#b77;,c7 from noncontiguous countries shall not be included in calculating the sum of aliens encountered4 7#d7 ,limitations 7,a7 ,in general ,for purposes of paragraph 7#c71 the ,secretary shall not activate the border emergency authority-- 7i7 during the first calendar year after the effective date1 for more than #bgj calendar days2 7ii7 during the second calendar year after the effective date1 for more than #bbe days2 and 7iii7 during the third calendar year1 for more than #ahj calendar days4 7,b7 ,implementation ,when the authority is activated1 the ,secretary shall implement the authority within #bd hours of such activation4 7#e7 ,suspensions of authority ,the ,secretary shall suspend activation of the border emergency authority1 and the procedures under subsections 7a71 7b71 7c71 and 7d71 not later than #ad calendar days after the date on which the following occurs1 as applicable3 7,a7 ,in the case of an activation under subparagraph 7,a7 of paragraph 7#c71 there is during a period of #g consecutive calendar days an average of less than #ge percent of the encounter level used for activation4 7,b7 ,in the case of an activation under clause 7i7 or 7ii7 of paragraph 7#c77;,b71 there is during a period of #g consecutive calendar days an average of less than #ge percent of the encounter level described in such clause 7i74 7#f7 ,waivers of activation of authority 7,a7 ,first calendar year ,notwithstanding paragraph 7#c71 beginning the first calendar year after the effective date1 the ,secretary shall only have the authority to activate the border emergency authority for #bgj calendar days during the calendar year1 provided that-- 7i7 for the first #ij calendar days in which any of the requirements of paragraph 7#c7 have been satisfied1 the ,secretary shall be required to activate such authority2 7ii7 for the remaining #ahj days that the authority is available in the calendar year1 the ,secretary may1 in the sole1 unreviewable1 and exclusive discretion of the ,secretary1 determine whether to activate the requirements of the border emergency authority under paragraph 7#c77;,b7 until the number of days that the authority has not been activated is equal to the number of days left in the calendar year2 and 7iii7 when the number of calendar days remaining in the calendar year is equal to the number of days that the authority has not been activated1 the ,secretary shall be required to activate the border emergency authority for the remainder of the calendar year on days during which the requirements of paragraph 7#c77;,b7 have been satisfied4 7,b7 ,second calendar year ,notwithstanding paragraph 7#c71 beginning the second calendar year after the effective date1 the ,secretary shall only have the authority to activate the border emergency authority for #bbe calendar days during the calendar year1 provided that-- 7i7 during the first #ge calendar days during which any of the requirements of paragraph 7#c7 have been satisfied1 the ,secretary shall be required to activate the authority2 7ii7 for the remaining #aej days that the authority is available in the calendar year1 the ,secretary may1 in the sole1 unreviewable1 and exclusive discretion of the ,secretary1 determine whether to activate the requirements of the border emergency authority under paragraph 7#c77;,b7 until the number of days that the authority has not been activated is equal to the number of days left in the calendar year2 and 7iii7 when the number of calendar days remaining in the calendar year is equal to the number of days that the authority has not been activated1 the ,secretary shall be required to activate the border emergency authority for the remainder of the calendar year on days during which the requirements of paragraph 7#c77;,b7 have been satisfied4 7,c7 ,third calendar year ,notwithstanding paragraph 7#c71 beginning the third calendar year after the effective date1 the ,secretary shall only have the authority to activate the border emergency authority for #ahj calendar days during the calendar year1 provided that-- 7i7 during the first #fj calendar days during which any of the requirements of paragraph 7#c7 have been satisfied1 the ,secretary shall be required to activate the authority2 7ii7 for the remaining #abj days that the authority is available in each calendar year1 the ,secretary may1 in the sole1 unreviewable1 and exclusive discretion of the ,secretary1 determine whether to activate the requirements of the border emergency authority under paragraph 7#c77;,b7 until the number of days that the authority has not been activated is equal to the number of days left in the calendar year2 and 7iii7 when the number of calendar days remaining in the calendar year is equal to the number of days that the authority has not been activated1 the ,secretary shall be required to activate the border emergency authority for the remainder of the calendar year on days during which the requirements of paragraph 7#c77;,b7 have been satisfied4 7#g7 ,emergency suspension of authority 7,a7 ,in general ,if the ,president finds that it is in the national interest to temporarily suspend the border emergency authority1 the ,president may direct the ,secretary to suspend use of the border emergency authority on an emergency basis4 7,b7 ,duration ,in the case of a direction from the ,president under subparagraph 7,a71 the ,secretary shall suspend the border emergency authority for not more than #de calendar days within a calendar year1 notwithstanding any limitations on the use of the authority described in this subsection4 7c7 ,continued access to southwest land border ports of entry 7#a7 ,in general ,during any activation of the border emergency authority under subsection 7b71 the ,secretary shall maintain the capacity to process1 and continue processing1 under section #bce or #bce;,b a minimum of #a1djj inadmissible aliens each calendar day cumulatively across all southwest land border ports of entry in a safe and orderly process developed by the ,secretary4 7#b7 ,special rules 7,a7 ,unaccompanied alien children exception ,for the purpose of calculating the number under paragraph 7#a71 the ,secretary shall count all unaccompanied alien children1 who are nationals of contiguous countries1 processed at southwest land border ports of entry1 but shall not count such children who are nationals of noncontiguous countries4 7,b7 ,transition rules ,the provisions of section #bdd;,a7c7 shall apply to this section4 7d7 ,bar to admission ,any alien who1 during a period of #cfe days1 has #b or more summary removals pursuant to the border emergency authority1 shall be inadmissible for a period of #a year beginning on the date of the alien's most recent summary removal4 7e7 ,savings provisions 7#a7 ,unaccompanied alien children ,nothing in this section may be construed to interfere with the processing of unaccompanied alien children and such children are not subject to this section4 7#b7 ,settlement agreements ,nothing in this section may be construed to interfere with any rights or responsibilities established through a settlement agreement in effect before the date of the enactment of this section4 7#c7 ,rule of construction ,for purposes of the ,convention ,relating to the ,status of ,refugees1 done at ,geneva ,july #bh1 #aieb 7as made applicable by the #aifg ,protocol ,relating to the ,status of ,refugees1 done at ,new ,york ,january #ca1 #aifg 7#ai ,,ust #fbbc771 the ,convention ,against ,torture1 and any other applicable treaty1 as applied to this section1 the interview under this section shall occur only in the context of the border emergency authority4 7f7 ,judicial review ,judicial review of any decision or action applying the border emergency authority shall be governed only by this subsection as follows3 7#a7 ,notwithstanding any other provision of law1 except as provided in paragraph 7#b71 no court or judge shall have jurisdiction to review any cause or claim by an individual alien arising from the decision to enter a summary removal order against such alien under this section1 or removing such alien pursuant to such summary removal order4 7#b7 ,the ,united ,states ,district ,court for the ,district of ,columbia shall have sole and original jurisdiction to hear challenges1 whether constitutional or otherwise1 to the validity of this section or any written policy directive1 written policy guideline1 written procedure1 or the implementation thereof1 issued by or under the authority of the ,secretary to implement this section4 7g7 ,effective date 7#a7 ,in general ,this section shall take effect on the day after the date of the enactment of this section4 7#b7 #g-;day period ,the initial activation of the authority under subparagraph 7,a7 or 7,b77i7 of subsection 7b77#c7 shall take into account the average number of encounters during the preceding #g consecutive calendar days1 as described in such subparagraphs1 which may include the #f consecutive calendar days immediately preceding the date of the enactment of this section4 7h7 ,rulemaking 7#a7 ,in general ,the ,secretary may promulgate such regulations as are necessary to implement this section in compliance with the requirements of section #eec of title #e1 ,united ,states ,code4 7#b7 ,initial implementation ,until the date that is #ahj days after the date of the enactment of this section1 the ,secretary may issue any interim final rules necessary to implement this section without having to satisfy the requirements of section #eec7;b77,b7 of title #e1 ,united ,states ,code1 provided that any such interim final rules shall include a #cj-;day post promulgation notice and comment period prior to finalization in the ,federal ,register4 7#c7 ,requirement ,all regulations promulgated to implement this section beginning on the date that is #ahj days after the date of the enactment of this section shall be issued pursuant to the requirements set forth in section #eec of title #e1 ,united ,states ,code4 7i7 ,definitions ,in this section3 7#a7 ,border emergency authority ,the term border emergency authority means all authorities and procedures under this section4 7#b7 ,convention ,against ,torture ,the term ,convention ,against ,torture means the ,convention against ,torture and ,other ,cruel1 ,inhuman or ,degrading ,treatment or ,punishment1 done at ,new ,york ,december #aj1 #aihd1 and includes the regulations implementing any law enacted pursuant to ,article #c of the ,convention against ,torture and ,other ,cruel1 ,inhuman or ,degrading ,treatment or ,punishment1 done at ,new ,york ,december #aj1 #aihd4 7#c7 ,encounter ,with respect to an alien1 the term encounter means an alien who-- 7,a7 is physically apprehended by ,u4,s4 ,customs and ,border ,protection personnel-- 7i7 within #ajj miles of the southwest land border of the ,united ,states during the #ad-;day period immediately after entry between ports of entry2 or 7ii7 at the southern coastal borders during the #ad-;day period immediately after entry between ports of entry2 or 7,b7 is seeking admission at a southwest land border port of entry and is determined to be inadmissible1 including an alien who utilizes a process approved by the ,secretary to allow for safe and orderly entry into the ,united ,states4 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4 7#e7 ,southern coastal borders ,the term southern coastal borders means all maritime borders in ,california1 ,texas1 ,louisiana1 ,mississippi1 ,alabama1 and ,florida4 7#f7 ,unaccompanied alien child ,the term unaccompanied alien child has the meaning given such term in section #dfb7;g77#b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgi7;g77#b774 7j7 ,sunset ,this section-- 7#a7 shall take effect on the date of the enactment of this section2 and 7#b7 shall be repealed effective as of the date that is #c years after such date of enactment4 4 7b7 ,clerical amendment ,the table of contents of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq471 as amended by section #adf7;b71 is further amended by inserting after the item relating to section #bdd;,a the following3 ,sec4 #bdd;,b ,border emergency authority4 4 ,b ,fulfilling promises to ,afghan allies #caa4 ,definitions ,in this subtitle3 7#a7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means-- 7,a7 the ,committee on the ,judiciary of the ,senate2 7,b7 the ,committee on ,foreign ,relations of the ,senate2 7,c7 the ,committee on ,armed ,services of the ,senate2 7,d7 the ,committee on ,appropriations of the ,senate2 7,e7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,f7 the ,committee on the ,judiciary of the ,house of ,representatives2 7,g7 the ,committee on ,foreign ,affairs of the ,house of ,representatives2 7,h7 the ,committee on ,armed ,services of the ,house of ,representatives2 7,i7 the ,committee on ,appropriations of the ,house of ,representatives2 and 7,j7 the ,committee on ,homeland ,security of the ,house of ,representatives4 7#b7 ,immigration laws ,the term immigration laws has the meaning given such term in section #aja7;a77#ag7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ag774 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4 7#d7 ,special immigrant status ,the term special immigrant status means special immigrant status provided under-- 7,a7 the ,afghan ,allies ,protection ,act of #bjji 7#h ,u4,s4,c4 #aaja note2 ,public ,law #aaa-h72 7,b7 section #ajei of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjjf 7#h ,u4,s4,c4 #aaja note2 ,public ,law #aji-afc72 or 7,c7 subparagraph 7,n7 of section #aja7;a77#bg7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bg771 as added by section #caf7;a74 7#e7 ,specified application ,the term specified application means-- 7,a7 a pending1 documentarily complete application for special immigrant status2 and 7,b7 a case in processing in the ,united ,states ,refugee ,admissions ,program for an individual who has received a ,priority #a or ,priority #b referral to such program4 7#f7 ,united ,states ,refugee ,admissions ,program ,the term ,united ,states ,refugee ,admissions ,program means the program to resettle refugees in the ,united ,states pursuant to the authorities provided in sections #aja7;a77#db71 #bjg1 and #dab of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#db71 #aaeg1 and #aebb74 #cab4 ,support for ,afghan allies outside the ,united ,states 7a7 ,response to congressional inquiries ,the ,secretary of ,state shall respond to inquiries by ,members of ,congress regarding the status of a specified application submitted by1 or on behalf of1 a national of ,afghanistan1 including any information that has been provided to the applicant1 in accordance with section #bbb7;f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abjb7;f774 7b7 ,office in lieu of embassy ,during the period in which there is no operational ,united ,states embassy in ,afghanistan1 the ,secretary of ,state shall designate an appropriate office within the ,department of ,state-- 7#a7 to review specified applications submitted by nationals of ,afghanistan residing in ,afghanistan1 including by conducting any required interviews2 7#b7 to issue visas or other travel documents to such nationals1 in accordance with the immigration laws2 7#c7 to provide services to such nationals1 to the greatest extent practicable1 that would normally be provided by an embassy2 and 7#d7 to carry out any other function the ,secretary of ,state considers necessary4 #cac4 ,conditional permanent resident status for eligible individuals 7a7 ,definitions ,in this section3 7#a7 ,conditional permanent resident status ,the term conditional permanent resident status means conditional permanent resident status under section #baf and #baf;,a of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahf;a1 #aahf;b71 subject to the provisions of this section4 7#b7 ,eligible individual ,the term eligible individual means an alien who-- 7,a7 is present in the ,united ,states2 7,b7 is a citizen or national of ,afghanistan or1 in the case of an alien having no nationality1 is a person who last habitually resided in ,afghanistan2 7,c7 has not been granted permanent resident status2 7,d7 7i7 was inspected and admitted to the ,united ,states on or before the date of the enactment of this ,act2 or 7ii7 was paroled into the ,united ,states during the period beginning on ,july #cj1 #bjba1 and ending on the date of the enactment of this ,act1 provided that such parole has not been terminated by the ,secretary upon written notice2 and 7,e7 is admissible to the ,united ,states as an immigrant under the immigration laws1 including eligibility for waivers of grounds of inadmissibility to the extent provided by the immigration laws and subject to the terms of subsection 7c7 of this section4 7b7 ,conditional permanent resident status for eligible individuals 7#a7 ,adjustment of status to conditional permanent resident status ,beginning on the date of the enactment of this ,act1 the ,secretary may-- 7,a7 adjust the status of each eligible individual to that of an alien lawfully admitted for permanent residence status1 subject to the procedures established by the ,secretary to determine eligibility for conditional permanent resident status2 and 7,b7 create for each eligible individual a record of admission to such status as of the date on which the eligible individual was initially inspected and admitted or paroled into the ,united ,states1 or ,july #cj1 #bjba1 whichever is later1 unless the ,secretary determines1 on a case-by-case basis1 that such individual is subject to any ground of inadmissibility under section #bab 7other than subsection 7a77#d77 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7 and is not eligible for a waiver of such grounds of inadmissibility as provided by this subtitle or by the immigration laws4 7#b7 ,conditional basis ,an individual who obtains lawful permanent resident status under this section shall be considered1 at the time of obtaining the status of an alien lawfully admitted for permanent residence1 to have obtained such status on a conditional basis subject to the provisions of this section4 7c7 ,conditional permanent resident status described 7#a7 ,assessment 7,a7 ,in general ,before granting conditional permanent resident status to an eligible individual under subsection 7b77#a71 the ,secretary shall conduct an assessment with respect to the eligible individual1 which shall be equivalent in rigor to the assessment conducted with respect to refugees admitted to the ,united ,states through the ,united ,states ,refugee ,admissions ,program1 for the purpose of determining whether the eligible individual is subject to any ground of inadmissibility under section #bab 7other than subsection 7a77#d77 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb74 7,b7 ,consultation ,in conducting an assessment under subparagraph 7,a71 the ,secretary may consult with the head of any other relevant agency and review the holdings of any such agency4 7#b7 ,removal of conditions 7,a7 ,in general ,not earlier than the date described in subparagraph 7,b71 the ,secretary may remove the conditional basis of the status of an individual granted conditional permanent resident status under this section unless the ,secretary determines1 on a case-by-case basis1 that such individual is subject to any ground of inadmissibility under paragraph 7#b7 or 7#c7 of section #bab7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a771 and is not eligible for a waiver of such grounds of inadmissibility as provided by this subtitle or by the immigration laws4 7,b7 ,date described ,the date described in this subparagraph is the earlier of-- 7i7 the date that is #d years after the date on which the individual was admitted or paroled into the ,united ,states2 or 7ii7 ,july #a1 #bjbg4 7,c7 ,waiver 7i7 ,in general ,except as provided in clause 7ii71 with respect to an eligible individual1 the ,secretary may waive the application of the grounds of inadmissibility under #bab7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77 for humanitarian purposes or to ensure family unity4 7ii7 ,exceptions ,the ,secretary may not waive under clause 7i7 the application of subparagraphs 7,c7 through 7,e7 and 7,g7 through 7,h7 of paragraph 7#b71 or paragraph 7#c71 of section #bab7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a774 7iii7 ,rule of construction ,nothing in this subparagraph may be construed to expand or limit any other waiver authority applicable under the immigration laws to an applicant for adjustment of status4 7,d7 ,timeline ,not later than #ahj days after the date described in subparagraph 7,b71 the ,secretary shall endeavor to remove conditions as to all individuals granted conditional permanent resident status under this section who are eligible for removal of conditions4 7#c7 ,treatment of conditional basis of status period for purposes of naturalization ,an individual in conditional permanent resident status under this section1 or who otherwise meets the requirements under 7a77#a7 of this section1 shall be considered-- 7,a7 to have been admitted to the ,united ,states as an alien lawfully admitted for permanent residence2 and 7,b7 to be present in the ,united ,states as an alien lawfully admitted to the ,united ,states for permanent residence1 provided that1 no alien shall be naturalized unless the alien's conditions have been removed under this section4 7d7 ,termination of conditional permanent resident status 7#a7 ,in general ,conditional permanent resident status shall terminate on1 as applicable-- 7,a7 the date on which the ,secretary removes the conditions pursuant to subsection 7c77#b71 on which date the alien shall be lawfully admitted for permanent residence without conditions2 7,b7 the date on which the ,secretary determines that the alien was not an eligible individual under subsection 7a77#b7 as of the date that such conditional permanent resident status was granted1 on which date of the ,secretary's determination the alien shall no longer be an alien lawfully admitted for permanent residence2 or 7,c7 the date on which the ,secretary determines pursuant to subsection 7c77#b7 that the alien is not eligible for removal of conditions1 on which date the alien shall no longer be an alien lawfully admitted for permanent residence4 7#b7 ,notification ,if the ,secretary terminates status under this subsection1 the ,secretary shall so notify the individual in writing and state the reasons for the termination4 7e7 ,rule of construction ,nothing in this section shall be construed to limit the authority of the ,secretary at any time to place in removal proceedings under section #bdj of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a7 any alien who has conditional permanent resident status under this section1 if the alien is deportable under section #bcg of such ,act 7#h ,u4,s4,c4 #abbg7 under a ground of deportability applicable to an alien who has been lawfully admitted for permanent residence4 7f7 ,parole expiration tolled ,the expiration date of a period of parole shall not apply to an individual under consideration for conditional permanent resident status under this section1 until such time as the ,secretary has determined whether to issue conditional permanent resident status4 7g7 ,periodic nonadversarial meetings 7#a7 ,in general ,not later than #ahj days after the date on which an individual is conferred conditional permanent resident status under this section1 and periodically thereafter1 the ,office of ,refugee ,resettlement shall make available opportunities for the individual to participate in a nonadversarial meeting1 during which an official of the ,office of ,refugee ,resettlement 7or an agency funded by the ,office7 shall-- 7,a7 on request by the individual1 assist the individual in a referral or application for applicable benefits administered by the ,department of ,health and ,human ,services and completing any applicable paperwork2 and 7,b7 answer any questions regarding eligibility for other benefits administered by the ,united ,states ,government4 7#b7 ,notification of requirements ,not later than #g days before the date on which a meeting under paragraph 7#a7 is scheduled to occur1 the ,secretary of ,health and ,human ,services shall provide notice to the individual that includes the date of the scheduled meeting and a description of the process for rescheduling the meeting4 7#c7 ,conduct of meeting ,the ,secretary of ,health and ,human ,services shall implement practices to ensure that-- 7,a7 meetings under paragraph 7#a7 are conducted in a nonadversarial manner2 and 7,b7 interpretation and translation services are provided to individuals granted conditional permanent resident status under this section who have limited ,english proficiency4 7#d7 ,rules of construction ,nothing in this subsection shall be construed-- 7,a7 to prevent an individual from electing to have counsel present during a meeting under paragraph 7#a72 or 7,b7 in the event that an individual declines to participate in such a meeting1 to affect the individual's conditional permanent resident status under this section or eligibility to have conditions removed in accordance with this section4 7h7 ,consideration ,except with respect to an application for naturalization and the benefits described in subsection 7p71 an individual in conditional permanent resident status under this section shall be considered to be an alien lawfully admitted for permanent residence for purposes of the adjudication of an application or petition for a benefit or the receipt of a benefit4 7i7 ,notification of requirements ,not later than #ij days after the date on which the status of an individual is adjusted to that of conditional permanent resident status under this section1 the ,secretary shall provide notice to such individual with respect to the provisions of this section1 including subsection 7c77#a7 7relating to the conduct of assessments7 and subsection 7g7 7relating to periodic nonadversarial meetings74 7j7 ,application for naturalization ,the ,secretary shall establish procedures whereby an individual who would otherwise be eligible to apply for naturalization but for having conditional permanent resident status1 may be considered for naturalization coincident with removal of conditions under subsection 7c77#b74 7k7 ,adjustment of status date 7#a7 ,in general ,an alien described in paragraph 7#b7 shall be regarded as lawfully admitted for permanent residence as of the date the alien was initially inspected and admitted or paroled into the ,united ,states1 or ,july #cj1 #bjba1 whichever is later4 7#b7 ,alien described ,an alien described in this paragraph is an alien who-- 7,a7 is described in subparagraphs 7,a71 7,b71 and 7,d7 of subsection 7a77#b71 and whose status was adjusted to that of an alien lawfully admitted for permanent residence on or after ,july #cj1 #bjba1 but on or before the date of the enactment of this ,act2 or 7,b7 is an eligible individual whose status is then adjusted to that of an alien lawfully admitted for permanent residence after the date of the enactment of this ,act under any provision of the immigration laws other than this section4 7l7 ,parents and legal guardians of unaccompanied children ,a parent or legal guardian of an eligible individual shall be eligible to obtain status as an alien lawfully admitted for permanent residence on a conditional basis if-- 7#a7 the eligible individual-- 7,a7 was under #ah years of age on the date on which the eligible individual was granted conditional permanent resident status under this section2 and 7,b7 was not accompanied by at least one parent or guardian on the date the eligible individual was admitted or paroled into the ,united ,states2 and 7#b7 such parent or legal guardian was admitted or paroled into the ,united ,states after the date referred to in paragraph 7#a77;,b74 7m7 ,guidance 7#a7 ,interim guidance 7,a7 ,in general ,not later than #abj days after the date of the enactment of this ,act1 the ,secretary shall issue guidance implementing this section4 7,b7 ,publication ,notwithstanding section #eec of title #e1 ,united ,states ,code1 guidance issued pursuant to subparagraph 7,a7-- 7i7 may be published on the internet website of the ,department of ,homeland ,security2 and 7ii7 shall be effective on an interim basis immediately upon such publication but may be subject to change and revision after notice and an opportunity for public comment4 7#b7 ,final guidance 7,a7 ,in general ,not later than #ahj days after the date of issuance of guidance under paragraph 7#a71 the ,secretary shall finalize the guidance implementing this section4 7,b7 ,exemption from the ,administrative ,procedure ,act ,chapter #e of title #e1 ,united ,states ,code 7commonly known as the ,administrative ,procedure ,act71 or any other law relating to rulemaking or information collection1 shall not apply to the guidance issued under this paragraph4 7n7 ,asylum claims 7#a7 ,in general ,with respect to the adjudication of an application for asylum submitted by an eligible individual1 section #bejb7;c7 of the ,extending ,government ,funding and ,delivering ,emergency ,assistance ,act 7#h ,u4,s4,c4 #aaja note2 ,public ,law #aag-dc7 shall not apply4 7#b7 ,rule of construction ,nothing in this section may be construed to prohibit an eligible individual from seeking or receiving asylum under section #bjh of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh74 7o7 ,prohibition on fees ,the ,secretary may not charge a fee to any eligible individual in connection with the initial issuance under this section of-- 7#a7 a document evidencing status as an alien lawfully admitted for permanent residence or conditional permanent resident status2 or 7#b7 an employment authorization document4 7p7 ,eligibility for benefits 7#a7 ,in general ,notwithstanding any other provision of law-- 7,a7 an individual described in subsection 7a7 of section #bejb of the ,afghanistan ,supplemental ,appropriations ,act1 #bjbb 7#h ,u4,s4,c4 #aaja note2 ,public ,law #aag-dc7 shall retain his or her eligibility for the benefits and services described in subsection 7b7 of such section if the individual has a pending application1 or is granted adjustment of status1 under this section2 and 7,b7 such benefits and services shall remain available to the individual to the same extent and for the same periods of time as such benefits and services are otherwise available to refugees who acquire such status4 7#b7 ,exception from #e-year limited eligibility for means-tested public benefits ,section #djc7;b77#a7 of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afac7;b77#a77 is amended by adding at the end the following3 7,f7 ,an alien whose status is adjusted under section #cac of the ,border ,act to that of an alien lawfully admitted for permanent residence or to that of an alien lawfully admitted for permanent residence on a conditional basis4 4 7q7 ,rule of construction ,nothing in this section may be construed to preclude an eligible individual from applying for or receiving any immigration benefit to which the individual is otherwise entitled4 7r7 ,exemption from numerical limitations 7#a7 ,in general ,aliens granted conditional permanent resident status or lawful permanent resident status under this section shall not be subject to the numerical limitations under sections #bja1 #bjb1 and #bjc of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea1 #aaeb1 and #aaec74 7#b7 ,spouse and children beneficiaries ,a spouse or child who is the beneficiary of an immigrant petition under section #bjd of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaed7 filed by an alien who has been granted conditional permanent resident status or lawful permanent resident status under this section1 seeking classification of the spouse or child under section #bjc7;a77#b77;,a7 of that ,act 7#h ,u4,s4,c4 #aaec7;a77#b77;,a77 shall not be subject to the numerical limitations under sections #bja1 #bjb1 and #bjc of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea1 #aaeb1 and #aaec74 7s7 ,effect on other applications ,notwithstanding any other provision of law1 in the interest of efficiency1 the ,secretary may pause consideration of any application or request for an immigration benefit pending adjudication so as to prioritize an application for adjustment of status to an alien lawfully admitted for permanent residence under this section4 7t7 ,authorization for appropriations ,there is authorized to be appropriated to the ,attorney ,general1 the ,secretary of ,health and ,human ,services1 the ,secretary1 and the ,secretary of ,state such sums as are necessary to carry out this section4 #cad4 ,refugee processes for certain at-risk ,afghan allies 7a7 ,definition of ,afghan ally 7#a7 ,in general ,in this section1 the term ,afghan ally means an alien who is a citizen or national of ,afghanistan1 or in the case of an alien having no nationality1 an alien who last habitually resided in ,afghanistan1 who-- 7,a7 was-- 7i7 a member of-- 7,i7 the special operations forces of the ,afghanistan ,national ,defense and ,security ,forces2 7,,ii7 the ,afghanistan ,national ,army ,special ,operations ,command2 7,,iii7 the ,afghan ,air ,force2 or 7,,iv7 the ,special ,mission ,wing of ,afghanistan2 7ii7 a female member of any other entity of the ,afghanistan ,national ,defense and ,security ,forces1 including-- 7,i7 a cadet or instructor at the ,afghanistan ,national ,defense ,university2 and 7,,ii7 a civilian employee of the ,ministry of ,defense or the ,ministry of ,interior ,affairs2 7iii7 an individual associated with former ,afghan military and police human intelligence activities1 including operators and ,department of ,defense sources2 7iv7 an individual associated with former ,afghan military counterintelligence1 counterterrorism1 or counternarcotics2 7v7 an individual associated with the former ,afghan ,ministry of ,defense1 ,ministry of ,interior ,affairs1 or court system1 and who was involved in the investigation1 prosecution or detention of combatants or members of the ,taliban or criminal networks affiliated with the ,taliban2 or 7vi7 a senior military officer1 senior enlisted personnel1 or civilian official who served on the staff of the former ,ministry of ,defense or the former ,ministry of ,interior ,affairs of ,afghanistan2 or 7,b7 provided service to an entity or organization described in subparagraph 7,a7 for not less than #a year during the period beginning on ,december #bb1 #bjja1 and ending on ,september #a1 #bjba1 and did so in support of the ,united ,states mission in ,afghanistan4 7#b7 ,inclusions ,for purposes of this section1 the ,afghanistan ,national ,defense and ,security ,forces includes members of the security forces under the ,ministry of ,defense and the ,ministry of ,interior ,affairs of the ,islamic ,republic of ,afghanistan1 including the ,afghanistan ,national ,army1 the ,afghan ,air ,force1 the ,afghanistan ,national ,police1 and any other entity designated by the ,secretary of ,defense as part of the ,afghanistan ,national ,defense and ,security ,forces during the relevant period of service of the applicant concerned4 7b7 ,refugee status for ,afghan allies 7#a7 ,designation as refugees of special humanitarian concern ,afghan allies shall be considered refugees of special humanitarian concern under section #bjg of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeg71 until the later of #aj years after the date of enactment of this ,act or upon determination by the ,secretary of ,state1 in consultation with the ,secretary of ,defense and the ,secretary1 that such designation is no longer in the interest of the ,united ,states4 7#b7 ,third country presence not required ,notwithstanding section #aja7;a77#db7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#db771 the ,secretary of ,state and the ,secretary shall1 to the greatest extent possible1 conduct remote refugee processing for an ,afghan ally located in ,afghanistan4 7c7 ,afghan allies referral program 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act-- 7,a7 the ,secretary of ,defense1 in consultation with the ,secretary of ,state1 shall establish a process by which an individual may apply to the ,secretary of ,defense for classification as an ,afghan ally and request a referral to the ,united ,states ,refugee ,admissions ,program2 and 7,b7 the head of any appropriate department or agency that conducted operations in ,afghanistan during the period beginning on ,december #bb1 #bjja1 and ending on ,september #a1 #bjba1 in consultation with the ,secretary of ,state1 may establish a process by which an individual may apply to the head of the appropriate department or agency for classification as an ,afghan ally and request a referral to the ,united ,states ,refugee ,admissions ,program4 7#b7 ,application system 7,a7 ,in general ,the process established under paragraph 7#a7 shall-- 7i7 include the development and maintenance of a secure online portal through which applicants may provide information verifying their status as ,afghan allies and upload supporting documentation2 and 7ii7 allow-- 7,i7 an applicant to submit his or her own application2 7,,ii7 a designee of an applicant to submit an application on behalf of the applicant2 and 7,,iii7 in the case of an applicant who is outside the ,united ,states1 the submission of an application regardless of where the applicant is located4 7,b7 ,use by other agencies ,the ,secretary of ,defense may enter into arrangements with the head of any other appropriate department or agency so as to allow the application system established under subparagraph 7,a7 to be used by such department or agency4 7#c7 ,review process ,as soon as practicable after receiving a request for classification and referral described in paragraph 7#a71 the head of the appropriate department or agency shall-- 7,a7 review-- 7i7 the service record of the applicant1 if available2 7ii7 if the applicant provides a service record or other supporting documentation1 any information that helps verify the service record concerned1 including information or an attestation provided by any current or former official of the department or agency who has personal knowledge of the eligibility of the applicant for such classification and referral2 and 7iii7 the data holdings of the department or agency and other cooperating interagency partners1 including biographic and biometric records1 iris scans1 fingerprints1 voice biometric information1 hand geometry biometrics1 other identifiable information1 and any other information related to the applicant1 including relevant derogatory information2 and 7,b7 7i7 in a case in which the head of the department or agency determines that the applicant is an ,afghan ally without significant derogatory information1 refer the ,afghan ally to the ,united ,states ,refugee ,admissions ,program as a refugee2 and 7ii7 include with such referral-- 7,i7 any service record concerned1 if available2 7,,ii7 if the applicant provides a service record1 any information that helps verify the service record concerned2 and 7,,iii7 any biometrics for the applicant4 7#d7 ,review process for denial of request for referral 7,a7 ,in general ,in the case of an applicant with respect to whom the head of the appropriate department or agency denies a request for classification and referral based on a determination that the applicant is not an ,afghan ally or based on derogatory information-- 7i7 the head of the department or agency shall provide the applicant with a written notice of the denial that provides1 to the maximum extent practicable1 a description of the basis for the denial1 including the facts and inferences1 or evidentiary gaps1 underlying the individual determination2 and 7ii7 the applicant shall be provided an opportunity to submit not more than #a written appeal to the head of the department or agency for each such denial4 7,b7 ,deadline for appeal ,an appeal under clause 7ii7 of subparagraph 7,a7 shall be submitted-- 7i7 not more than #abj days after the date on which the applicant concerned receives notice under clause 7i7 of that subparagraph2 or 7ii7 on any date thereafter1 at the discretion of the head of the appropriate department or agency4 7,c7 ,request to reopen 7i7 ,in general ,an applicant who receives a denial under subparagraph 7,a7 may submit a request to reopen a request for classification and referral under the process established under paragraph 7#a7 so that the applicant may provide additional information1 clarify existing information1 or explain any unfavorable information4 7ii7 ,limitation ,after considering #a such request to reopen from an applicant1 the head of the appropriate department or agency may deny subsequent requests to reopen submitted by the same applicant4 7#e7 ,form and content of referral ,to the extent practicable1 the head of the appropriate department or agency shall ensure that referrals made under this subsection-- 7,a7 conform to requirements established by the ,secretary of ,state for form and content2 and 7,b7 are complete and include sufficient contact information1 supporting documentation1 and any other material the ,secretary of ,state or the ,secretary consider necessary or helpful in determining whether an applicant is entitled to refugee status4 7#f7 ,termination ,the application process and referral system under this subsection shall terminate upon the later of #a year before the termination of the designation under subsection 7b77#a7 or on the date of a joint determination by the ,secretary of ,state and the ,secretary of ,defense1 in consultation with the ,secretary1 that such termination is in the national interest of the ,united ,states4 7d7 ,general provisions 7#a7 ,prohibition on fees ,the ,secretary1 the ,secretary of ,defense1 or the ,secretary of ,state may not charge any fee in connection with a request for a classification and referral as a refugee under this section4 7#b7 ,defense personnel ,any limitation in law with respect to the number of personnel within the ,office of the ,secretary of ,defense1 the military departments1 or a ,defense ,agency 7as defined in section #aja7;a7 of title #aj1 ,united ,states ,code7 shall not apply to personnel employed for the primary purpose of carrying out this section4 7#c7 ,representation ,an alien applying for admission to the ,united ,states under this section may be represented during the application process1 including at relevant interviews and examinations1 by an attorney or other accredited representative4 ,such representation shall not be at the expense of the ,united ,states ,government4 7#d7 ,protection of aliens ,the ,secretary of ,state1 in consultation with the head of any other appropriate ,federal agency1 shall make a reasonable effort to provide an alien who has been classified as an ,afghan ally and has been referred as a refugee under this section protection or to immediately remove such alien from ,afghanistan1 if possible4 7#e7 ,other eligibility for immigrant status ,no alien shall be denied the opportunity to apply for admission under this section solely because the alien qualifies as an immediate relative or is eligible for any other immigrant classification4 7#f7 ,authorization of appropriations ,there are authorized to be appropriated such sums as necessary for each of fiscal years #bjbd through #bjcd to carry out this section4 7e7 ,rule of construction ,nothing in this section may be construed to inhibit the ,secretary of ,state from accepting refugee referrals from any entity4 #cae4 ,improving efficiency and oversight of refugee and special immigrant processing 7a7 ,acceptance of fingerprint cards and submissions of biometrics ,in addition to the methods authorized under the heading relating to the ,immigration and ,naturalization ,service under title ,i of the ,departments of ,commerce1 ,justice1 and ,state1 the ,judiciary1 and ,related ,agencies ,appropriations ,act of #aiih 7,public ,law #aje-aai1 #aaa ,stat4 #bddh2 #h ,u4,s4,c4 #aajc note71 and other applicable law1 and subject to such safeguards as the ,secretary1 in consultation with the ,secretary of ,state or the ,secretary of ,defense1 as appropriate1 shall prescribe to ensure the integrity of the biometric collection 7which shall include verification of identity by comparison of such fingerprints with fingerprints taken by or under the direct supervision of the ,secretary prior to or at the time of the individual's application for admission to the ,united ,states71 the ,secretary may1 in the case of any application for any benefit under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq471 accept fingerprint cards or any other submission of biometrics-- 7#a7 prepared by international or nongovernmental organizations under an appropriate agreement with the ,secretary or the ,secretary of ,state2 7#b7 prepared by employees or contractors of the ,department of ,homeland ,security or the ,department of ,state2 or 7#c7 provided by an agency 7as defined under section #cejb of title #dd1 ,united ,states ,code74 7b7 ,staffing 7#a7 ,vetting ,the ,secretary of ,state1 the ,secretary1 the ,secretary of ,defense1 and any other agency authorized to carry out the vetting process under this subtitle1 shall each ensure sufficient staffing1 and request the resources necessary1 to efficiently and adequately carry out the vetting of applicants for-- 7,a7 referral to the ,united ,states ,refugee ,admissions ,program1 consistent with the determinations established under section #bjg of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeg72 and 7,b7 special immigrant status4 7#b7 ,refugee resettlement ,the ,secretary of ,health and ,human ,services shall ensure sufficient staffing to efficiently provide assistance under chapter #b of title ,,iv of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aeba et seq47 to refugees resettled in the ,united ,states4 7c7 ,remote processing ,notwithstanding any other provision of law1 the ,secretary of ,state and the ,secretary shall employ remote processing capabilities for refugee processing under section #bjg of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeg71 including secure digital file transfers1 videoconferencing and teleconferencing capabilities1 remote review of applications1 remote interviews1 remote collection of signatures1 waiver of the applicant's appearance or signature 7other than a final appearance and verification by the oath of the applicant prior to or at the time of the individual's application for admission to the ,united ,states71 waiver of signature for individuals under #e years old1 and any other capability the ,secretary of ,state and the ,secretary consider appropriate1 secure1 and likely to reduce processing wait times at particular facilities4 7d7 ,monthly arrival reports ,with respect to monthly reports issued by the ,secretary of ,state relating to ,united ,states ,refugee ,admissions ,program arrivals1 the ,secretary of ,state shall report-- 7#a7 the number of monthly admissions of refugees1 disaggregated by priorities2 and 7#b7 the number of ,afghan allies admitted as refugees4 7e7 ,interagency ,task ,force on ,afghan ,ally ,strategy 7#a7 ,establishment ,not later than #ahj days after the date of the enactment of this ,act1 the ,president shall establish an ,interagency ,task ,force on ,afghan ,ally ,strategy 7referred to in this section as the ,task ,force7-- 7,a7 to develop and oversee the implementation of the strategy and contingency plan described in subparagraph 7,a77i7 of paragraph 7#d72 and 7,b7 to submit the report1 and provide a briefing on the report1 as described in subparagraphs 7,a7 and 7,b7 of paragraph 7#d74 7#b7 ,membership 7,a7 ,in general ,the ,task ,force shall include-- 7i7 #a or more representatives from each relevant ,federal agency1 as designated by the head of the applicable relevant ,federal agency2 and 7ii7 any other ,federal ,government official designated by the ,president4 7,b7 ,relevant ,federal agency defined ,in this paragraph1 the term relevant ,federal agency means-- 7i7 the ,department of ,state2 7ii7 the ,department ,homeland ,security2 7iii7 the ,department of ,defense2 7iv7 the ,department of ,health and ,human ,services2 7v7 the ,federal ,bureau of ,investigation2 and 7vi7 the ,office of the ,director of ,national ,intelligence4 7#c7 ,chair ,the ,task ,force shall be chaired by the ,secretary of ,state4 7#d7 ,duties 7,a7 ,report 7i7 ,in general ,not later than #ahj days after the date on which the ,task ,force is established1 the ,task ,force1 acting through the chair of the ,task ,force1 shall submit a report to the appropriate committees of ,congress that includes-- 7,i7 a strategy for facilitating the resettlement of nationals of ,afghanistan outside the ,united ,states who1 during the period beginning on ,october #a1 #bjja1 and ending on ,september #a1 #bjba1 directly and personally supported the ,united ,states mission in ,afghanistan1 as determined by the ,secretary of ,state in consultation with the ,secretary of ,defense2 and 7,,ii7 a contingency plan for future emergency operations in foreign countries involving foreign nationals who have worked directly with the ,united ,states ,government1 including the ,armed ,forces of the ,united ,states and ,united ,states intelligence agencies4 7ii7 ,elements ,the report required under clause 7i7 shall include-- 7,i7 the total number of nationals of ,afghanistan who have pending specified applications1 disaggregated by-- 7aa7 such nationals in ,afghanistan and such nationals in a third country2 7bb7 type of specified application2 and 7cc7 applications that are documentarily complete and applications that are not documentarily complete2 7,,ii7 an estimate of the number of nationals of ,afghanistan who may be eligible for special immigrant status2 7,,iii7 with respect to the strategy required under subparagraph 7,a77i77,i7-- 7aa7 the estimated number of nationals of ,afghanistan described in such subparagraph2 7bb7 a description of the process for safely resettling such nationals of ,afghanistan2 7cc7 a plan for processing such nationals of ,afghanistan for admission to the ,united ,states that-- 7,,aa7 discusses the feasibility of remote processing for such nationals of ,afghanistan residing in ,afghanistan2 7,,bb7 includes any strategy for facilitating refugee and consular processing for such nationals of ,afghanistan in third countries1 and the timelines for such processing2 7,,cc7 includes a plan for conducting rigorous and efficient vetting of all such nationals of ,afghanistan for processing2 7,,dd7 discusses the availability and capacity of sites in third countries to process applications and conduct any required vetting for such nationals of ,afghanistan1 including the potential to establish additional sites2 and 7,,ee7 includes a plan for providing updates and necessary information to affected individuals and relevant nongovernmental organizations2 7dd7 a description of considerations1 including resource constraints1 security concerns1 missing or inaccurate information1 and diplomatic considerations1 that limit the ability of the ,secretary of ,state or the ,secretary to increase the number of such nationals of ,afghanistan who can be safely processed or resettled2 7ee7 an identification of any resource or additional authority necessary to increase the number of such nationals of ,afghanistan who can be processed or resettled2 7ff7 an estimate of the cost to fully implement the strategy2 and 7gg7 any other matter the ,task ,force considers relevant to the implementation of the strategy2 7,,iv7 with respect to the contingency plan required by clause 7i77,,ii7-- 7aa7 a description of the standard practices for screening and vetting foreign nationals considered to be eligible for resettlement in the ,united ,states1 including a strategy for vetting1 and maintaining the records of1 such foreign nationals who are unable to provide identification documents or biographic details due to emergency circumstances2 7bb7 a strategy for facilitating refugee or consular processing for such foreign nationals in third countries2 7cc7 clear guidance with respect to which ,federal agency has the authority and responsibility to coordinate ,federal resettlement efforts2 7dd7 a description of any resource or additional authority necessary to coordinate ,federal resettlement efforts1 including the need for a contingency fund2 7ee7 any other matter the ,task ,force considers relevant to the implementation of the contingency plan2 and 7,v7 a strategy for the efficient processing of all ,afghan special immigrant visa applications and appeals1 including-- 7aa7 a review of current staffing levels and needs across all interagency offices and officials engaged in the special immigrant visa process2 7bb7 an analysis of the expected ,chief of ,mission approvals and denials of applications in the pipeline in order to project the expected number of visas necessary to provide special immigrant status to all approved applicants under this subtitle during the several years after the date of the enactment of this ,act2 7cc7 an assessment as to whether adequate guidelines exist for reconsidering or reopening applications for special immigrant visas in appropriate circumstances and consistent with applicable laws2 and 7dd7 an assessment of the procedures throughout the special immigrant visa application process1 including at the ,portsmouth ,consular ,center1 and the effectiveness of communication between the ,portsmouth ,consular ,center and applicants1 including an identification of any area in which improvements to the efficiency of such procedures and communication may be made4 7iii7 ,form ,the report required under clause 7i7 shall be submitted in unclassified form but may include a classified annex4 7,b7 ,briefing ,not later than #fj days after submitting the report required by clause 7i71 the ,task ,force shall brief the appropriate committees of ,congress on the contents of the report4 7#e7 ,termination ,the ,task ,force shall remain in effect until the later of-- 7,a7 the date on which the strategy required under paragraph 7#d77;,a77i77,i7 has been fully implemented2 7,b7 the date of a determination by the ,secretary of ,state1 in consultation with the ,secretary of ,defense and the ,secretary1 that a task force is no longer necessary for the implementation of subparagraphs 7,a7 and 7,b7 of paragraph 7#a72 or 7,c7 the date that is #aj years after the date of the enactment of this ,act4 7f7 ,improving consultation with ,congress ,section #bjg of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeg7 is amended-- 7#a7 in subsection 7a71 by amending paragraph 7#d7 to read as follows3 7#d7 7,a7 ,in the determination made under this subsection for each fiscal year 7beginning with fiscal year #aiib71 the ,president shall enumerate1 with the respective number of refugees so determined1 the number of aliens who were granted asylum in the previous year4 7,b7 ,in making a determination under paragraph 7#a71 the ,president shall consider the information in the most recently published projected global resettlement needs report published by the ,united ,nations ,high ,commissioner for ,refugees4 2 7#b7 in subsection 7e71 by amending paragraph 7#b7 to read as follows3 7#b7 ,a description of the number and allocation of the refugees to be admitted1 including the expected allocation by region1 and an analysis of the conditions within the countries from which they came4 2 and 7#c7 by adding at the end the following-- 7g7 ,quarterly reports on admissions ,not later than #cj days after the last day of each quarter beginning the fourth quarter of fiscal year #bjbd1 the ,president shall submit to the ,committee on ,homeland ,security and ,governmental ,affairs1 the ,committee on the ,judiciary1 and the ,committee on ,foreign ,relations of the ,senate and the ,committee on ,homeland ,security1 the ,committee on the ,judiciary1 and the ,committee on ,foreign ,affairs of the ,house of ,representatives a report that includes the following3 7#a7 ,refugees admitted 7,a7 ,the number of refugees admitted to the ,united ,states during the preceding quarter4 7,b7 ,the cumulative number of refugees admitted to the ,united ,states during the applicable fiscal year1 as of the last day of the preceding quarter4 7,c7 ,the number of refugees expected to be admitted to the ,united ,states during the remainder of the applicable fiscal year4 7,d7 ,the number of refugees from each region admitted to the ,united ,states during the preceding quarter4 7#b7 ,aliens with pending security checks ,with respect only to aliens processed under section #aja7;a77#bg77,n71 subtitle ,c of title ,,iii of the ,border ,act1 or section #fjb7;b77#b77;,a77ii77,,ii7 of the ,afghan ,allies ,protection ,act of #bjji 7#h ,u4,s4,c4 #aaja note2 ,public ,law #aaa-h7-- 7,a7 the number of aliens1 by nationality1 security check1 and responsible vetting agency1 for whom a ,national ,vetting ,center or other security check has been requested during the preceding quarter1 and the number of aliens1 by nationality1 for whom the check was pending beyond #cj days2 and 7,b7 the number of aliens1 by nationality1 security check1 and responsible vetting agency1 for whom a ,national ,vetting ,center or other security check has been pending for more than #ahj days4 7#c7 ,circuit rides 7,a7 ,for the preceding quarter-- 7i7 the number of ,refugee ,corps officers deployed on circuit rides and the overall number of ,refugee ,corps officers2 7ii7 the number of individuals interviewed-- 7,i7 on each circuit ride2 and 7,,ii7 at each circuit ride location2 7iii7 the number of circuit rides2 and 7iv7 for each circuit ride1 the duration of the circuit ride4 7,b7 ,for the subsequent #b quarters1 the number of circuit rides planned4 7#d7 ,processing 7,a7 ,for refugees admitted to the ,united ,states during the preceding quarter1 the average number of days between-- 7i7 the date on which an individual referred to the ,united ,states ,government as a refugee applicant is interviewed by the ,secretary of ,homeland ,security2 and 7ii7 the date on which such individual is admitted to the ,united ,states4 7,b7 ,for refugee applicants interviewed by the ,secretary of ,homeland ,security in the preceding quarter1 the approval1 denial1 recommended approval1 recommended denial1 and hold rates for the applications for admission of such individuals1 disaggregated by nationality4 4 #caf4 ,support for certain vulnerable ,afghans relating to employment by or on behalf of the ,united ,states 7a7 ,special immigrant visas for certain relatives of certain members of the ,armed ,forces 7#a7 ,in general ,section #aja7;a77#bg7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bg77 is amended-- 7,a7 in subparagraph 7,l77iii71 by adding a semicolon at the end2 7,b7 in subparagraph 7,m71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7,n7 a citizen or national of ,afghanistan who is the parent or brother or sister of-- 7i7 a member of the armed forces 7as defined in section #aja7;a7 of title #aj1 ,united ,states ,code72 or 7ii7 a veteran 7as defined in section #aja of title #ch1 ,united ,states ,code74 4 7#b7 ,numerical limitations 7,a7 ,in general ,subject to subparagraph 7,c71 the total number of principal aliens who may be provided special immigrant visas under subparagraph 7,n7 of section #aja7;a77#bg7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bg771 as added by paragraph 7#a71 may not exceed #b1ejj each fiscal year4 7,b7 ,carryover ,if the numerical limitation specified in subparagraph 7,a7 is not reached during a given fiscal year1 the numerical limitation specified in such subparagraph for the following fiscal year shall be increased by a number equal to the difference between-- 7i7 the numerical limitation specified in subparagraph 7,a7 for the given fiscal year2 and 7ii7 the number of principal aliens provided special immigrant visas under subparagraph 7,n7 of section #aja7;a77#bg7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bg77 during the given fiscal year4 7,c7 ,maximum number of visas ,the total number of aliens who may be provided special immigrant visas under subparagraph 7,n7 of section #aja7;a77#bg7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bg77 shall not exceed #aj1jjj4 7,d7 ,duration of authority ,the authority to issue visas under subparagraph 7,n7 of section #aja7;a77#bg7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bg77 shall-- 7i7 commence on the date of the enactment of this ,act2 and 7ii7 terminate on the date on which all such visas are exhausted4 7b7 ,certain ,afghans injured or killed in the course of employment ,section #fjb7;b7 of the ,afghan ,allies ,protection ,act of #bjji 7#h ,u4,s4,c4 #aaja note2 ,public ,law #aaa-h7 is amended-- 7#a7 in paragraph 7#b77;,a7-- 7,a7 by amending clause 7ii7 to read as follows3 7ii7 7,i7 was or is employed in ,afghanistan on or after ,october #g1 #bjja1 for not less than #a year-- 7aa7 by1 or on behalf of1 the ,united ,states ,government2 or 7bb7 by the ,international ,security ,assistance ,force 7or any successor name for such ,force7 in a capacity that required the alien-- 7,,aa7 while traveling off-base with ,united ,states military personnel stationed at the ,international ,security ,assistance ,force 7or any successor name for such ,force71 to serve as an interpreter or translator for such ,united ,states military personnel2 or 7,,bb7 to perform activities for the ,united ,states military personnel stationed at ,international ,security ,assistance ,force 7or any successor name for such ,force72 or 7,,ii7 in the case of an alien who was wounded or seriously injured in connection with employment described in subclause 7,i71 was employed for any period until the date on which such wound or injury occurred1 if the wound or injury prevented the alien from continuing such employment2 2 and 7,b7 in clause 7iii71 by striking clause 7ii7 and inserting clause 7ii77,i72 7#b7 in paragraph 7#ac77;,a77i71 by striking subclause 7,i7 or 7,,ii77bb7 of paragraph 7#b77;,a77ii7 and inserting item 7aa7 or 7bb77,,bb7 of paragraph 7#b77;,a77ii77,i72 7#c7 in paragraph 7#ad77;,c71 by striking paragraph 7#b77;,a77ii7 and inserting paragraph 7#b77;,a77ii77,i72 and 7#d7 in paragraph 7#ae71 by striking paragraph 7#b77;,a77ii7 and inserting paragraph 7#b77;,a77ii77,i74 7c7 ,extension of special immigrant visa program under ,afghan ,allies ,protection ,act of #bjji ,section #fjb7;b7 of the ,afghan ,allies ,protection ,act of #bjji 7#h ,u4,s4,c4 #aaja note2 ,public ,law #aaa-h7 is amended-- 7#a7 in paragraph 7#c77;,f7-- 7,a7 in the subparagraph heading1 by striking ,fiscal years #bjae through #bjbb and inserting ,fiscal years #bjae through #bjbi2 and 7,b7 in clause 7i71 by striking ,december #ca1 #bjbd and inserting ,december #ca1 #bjbi2 and 7,c7 in clause 7ii71 by striking ,december #ca1 #bjbd and inserting ,december #ca1 #bjbi2 and 7#b7 in paragraph 7#ac71 in the matter preceding subparagraph 7,a71 by striking ,january #ca1 #bjbd and inserting ,january #ca1 #bjcj4 7d7 ,authorization of virtual interviews ,section #fjb7;b77#d7 of the ,afghan ,allies ,protection ,act of #bjji 7 #h ,u4,s4,c4 #aaja note2 ,public ,law #aaa-h27 is amended by adding at the end the following3 7,d7 ,virtual interviews ,notwithstanding section #bbb7;e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abjb7;e771 an application for an immigrant visa under this section may be signed by the applicant through a virtual video meeting before a consular officer and verified by the oath of the applicant administered by the consular officer during a virtual video meeting4 4 7e7 ,quarterly reports ,paragraph 7#ab7 of section #fjb7;b7 of the ,afghan ,allies ,protection ,act of #bjji 7#h ,u4,s4,c4 #aaja note2 ,public ,law #aaa-h7 is amended is amended to read as follows3 7#ab7 ,quarterly reports 7,a7 ,report to ,congress ,not later than #abj days after the date of enactment of the ,border ,act and every #ij days thereafter1 the ,secretary of ,state and the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,defense1 shall submit to the appropriate committees of ,congress a report that includes the following3 7i7 ,for the preceding quarter-- 7,i7 a description of improvements made to the processing of special immigrant visas and refugee processing for citizens and nationals of ,afghanistan2 7,,ii7 the number of new ,afghan referrals to the ,united ,states ,refugee ,admissions ,program1 disaggregated by referring entity2 7,,iii7 the number of interviews of ,afghans conducted by ,u4,s4 ,citizenship and ,immigration ,services1 disaggregated by the country in which such interviews took place2 7,,iv7 the number of approvals and the number of denials of refugee status requests for ,afghans2 7,v7 the number of total admissions to the ,united ,states of ,afghan refugees2 7,,vi7 number of such admissions1 disaggregated by whether the refugees come from within1 or outside of1 ,afghanistan2 7,,vii7 the average processing time for citizens and nationals of ,afghanistan who are applicants for referral under section #cad of the ,border ,act2 7,,viii7 the number of such cases processed within such average processing time2 and 7,,ix7 the number of denials issued with respect to applications by citizens and nationals of ,afghanistan for referrals under section #cad of the ,border ,act4 7ii7 ,the number of applications by citizens and nationals of ,afghanistan for refugee referrals pending as of the date of submission of the report4 7iii7 ,a description of the efficiency improvements made in the process by which applications for special immigrant visas under this subsection are processed1 including information described in clauses 7iii7 through 7viii7 of paragraph 7#aa77;,b74 7,b7 ,form of report ,each report required by subparagraph 7,a7 shall be submitted in unclassified form but may contain a classified annex4 7,c7 ,public posting ,the ,secretary of ,state shall publish on the website of the ,department of ,state the unclassified portion of each report submitted under subparagraph 7,a74 4 7f7 ,general provisions 7#a7 ,prohibition on fees ,the ,secretary1 the ,secretary of ,defense1 or the ,secretary of ,state may not charge any fee in connection with an application for1 or issuance of1 a special immigrant visa or special immigrant status under-- 7,a7 section #fjb of the ,afghan ,allies ,protection ,act of #bjji 7#h ,u4,s4,c4 #aaja note2 ,public ,law #aaa-h72 7,b7 section #ajei of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjjf 7#h ,u4,s4,c4 #aaja note2 ,public ,law #aji-afc72 or 7,c7 subparagraph 7,n7 of section #aja7;a77#bg7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bg771 as added by subsection 7a77#a74 7#b7 ,defense personnel ,any limitation in law with respect to the number of personnel within the ,office of the ,secretary of ,defense1 the military departments1 or a ,defense ,agency 7as defined in section #aja7;a7 of title #aj1 ,united ,states ,code7 shall not apply to personnel employed for the primary purpose of carrying out this section4 7#c7 ,protection of aliens ,the ,secretary of ,state1 in consultation with the head of any other appropriate ,federal agency1 shall make a reasonable effort to provide an alien who is seeking status as a special immigrant under subparagraph 7,n7 of section #aja7;a77#bg7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bg771 as added by subsection 7a77#a71 protection or to immediately remove such alien from ,afghanistan1 if possible4 7#d7 ,resettlement support ,a citizen or national of ,afghanistan who is admitted to the ,united ,states under this section or an amendment made by this section shall be eligible for resettlement assistance1 entitlement programs1 and other benefits available to refugees admitted under section #bjg of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeg7 to the same extent1 and for the same periods of time1 as such refugees4 #cag4 ,support for allies seeking resettlement in the ,united ,states ,notwithstanding any other provision of law1 during the period beginning on the date of the enactment of this ,act and ending on the date that is #aj years thereafter1 the ,secretary and the ,secretary of ,state may waive any fee or surcharge or exempt individuals from the payment of any fee or surcharge collected by the ,department of ,homeland ,security and the ,department of ,state1 respectively1 in connection with a petition or application for1 or issuance of1 an immigrant visa to a national of ,afghanistan under section #bja7;b77#b77;,a77i7 or #bjc7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea7;b77#b77;,a77i7 and #aaec7;a771 respectively4 #cah4 ,reporting 7a7 ,quarterly reports ,beginning on ,january #a1 #bjbh1 not less frequently than quarterly1 the ,secretary shall submit to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives a report that includes1 for the preceding quarter-- 7#a7 the number of individuals granted conditional permanent resident status under section #cac1 disaggregated by the number of such individuals for whom conditions have been removed2 7#b7 the number of individuals granted conditional permanent resident status under section #cac who have been determined to be ineligible for removal of conditions 7and the reasons for such determination72 and 7#c7 the number of individuals granted conditional permanent resident status under section #cac for whom no such determination has been made 7and the reasons for the lack of such determination74 7b7 ,annual reports ,not less frequently than annually1 the ,secretary1 in consultation with the ,attorney ,general1 shall submit to the appropriate committees of ,congress a report that includes for the preceding year1 with respect to individuals granted conditional permanent resident status under section #cac-- 7#a7 the number of such individuals who are placed in removal proceedings under section #bdj of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a7 charged with a ground of deportability under subsection 7a77#b7 of section #bcg of that ,act 7#h ,u4,s4,c4 #abbg71 disaggregated by each applicable ground under that subsection2 7#b7 the number of such individuals who are placed in removal proceedings under section #bdj of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a7 charged with a ground of deportability under subsection 7a77#c7 of section #bcg of that ,act 7#h ,u4,s4,c4 #abbg71 disaggregated by each applicable ground under that subsection2 7#c7 the number of final orders of removal issued pursuant to proceedings described in paragraphs 7#a7 and 7#b71 disaggregated by each applicable ground of deportability2 7#d7 the number of such individuals for whom such proceedings are pending1 disaggregated by each applicable ground of deportability2 and 7#e7 a review of the available options for removal from the ,united ,states1 including any changes in the feasibility of such options during the preceding year4 ,,iv ,promoting legal immigration #dja4 ,employment authorization for fiancs1 fiances1 spouses1 and children of ,united ,states citizens and specialty workers ,section #bad7;c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;c77 is amended by adding at the end the following3 7#ae7 ,the ,secretary of ,homeland ,security shall authorize an alien fianc1 fiance1 or spouse admitted pursuant to clause 7i7 or 7ii7 of section #aja7;a77#ae77,k71 or any child admitted pursuant to section #aja7;a77#ae77,k77iii7 to engage in employment in the ,united ,states incident to such status and shall provide the alien with an employment authorized endorsement during the period of authorized admission4 7#af7 ,upon the receipt of a completed petition described in subparagraph 7,e7 or 7,f7 of section #bjd7;a77#a7 for a principal alien who has been admitted pursuant to section #aja7;a77#ae77;,h77i77b71 the ,secretary of ,homeland ,security shall authorize the alien spouse or child of such principal alien who has been admitted under section #aja7;a77#ae77;,h7 to accompany or follow to join a principal alien admitted under such section1 to engage in employment in the ,united ,states incident to such status and shall provide the alien with an employment authorized endorsement during the period of authorized admission4 4 #djb4 ,additional visas ,section #bja of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea7 is amended-- 7#a7 in subsection 7c7-- 7,a7 by adding at the end the following3 7#f7 7,a7 ,for fiscal years #bjbe1 #bjbf1 #bjbg1 #bjbh1 and #bjbi-- 7i7 #eab1jjj shall be substituted for #dhj1jjj in paragraph 7#a77;,a77i72 and 7ii7 #beh1jjj shall be substituted for #bbf1jjj in paragraph 7#a77;,b77i77i7 of that paragraph4 7,b7 ,the additional visas authorized under subparagraph 7,a7-- 7i7 shall be issued each fiscal year2 7ii7 shall remain available in any fiscal year until issued2 and 7iii7 shall be allocated in accordance with this section and sections #bjb and #bjc4 2 and 7#b7 in subsection 7d71 by adding at the end the following3 7#c7 7,a7 ,for fiscal years #bjbe1 #bjbf1 #bjbg1 #bjbh1 and #bjbi1 #aeh1jjj shall be substituted for #adj1jjj in paragraph 7#a77;,a74 7,b7 ,the additional visas authorized under subparagraph 7,a7-- 7i7 shall be issued each fiscal year2 7ii7 shall remain available in any fiscal year until issued2 and 7iii7 shall be allocated in accordance with this section and sections #bjb and #bjc4 4 #djc4 ,children of long-term visa holders 7a7 ,maintaining family unity for children of long-term ,h-#a;,b nonimmigrants affected by delays in visa availability ,section #bjc7;h7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;h77 is amended by adding at the end the following3 7#f7 ,child status determination for certain dependent children of h-#a;b nonimmigrants 7,a7 ,determinative factors ,for purposes of subsection 7d71 the determination of whether an alien described in subparagraph 7,b7 satisfies the age and marital status requirements set forth in section #aja7;b77#a7 shall be made using the alien's age and marital status on the date on which an initial petition as a nonimmigrant described in section #aja7;a77#ae77;,h77i77b7 was filed on behalf of the alien's parent1 if such petition was approved4 7,b7 ,alien described ,an alien is described in this subparagraph if such alien-- 7i7 maintained1 for an aggregate period of at least #h years before reaching #ba years of age1 the status of a dependent child of a nonimmigrant described in section #aja7;a77#ae77;,h77i77b7 pursuant to a lawful admission2 and 7ii7 7,i7 sought to acquire the status of an alien lawfully admitted for permanent residence during the #b-year period beginning on the date on which an immigrant visa became available to such alien2 or 7,,ii7 demonstrates1 by clear and convincing evidence1 that the alien's failure to seek such status during such #b-year period was due to extraordinary circumstances4 4 7b7 ,nonimmigrant dependent children of ,h-#a;b nonimmigrants ,section #bad of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7 is amended by adding at the end the following3 7s7 ,child derivative beneficiaries of ,h-#a;b nonimmigrants 7#a7 ,age determination ,in the case of an alien who maintained1 for an aggregate period of at least #h years before reaching #ba years of age1 the status of a dependent child of a nonimmigrant described in section #aja7;a77#ae77;,h77i77b7 pursuant to a lawful admission1 such alien's age shall be determined based on the date on which an initial petition for classification under such section was filed on behalf of the alien's parent1 if such petition is approved4 7#b7 ,long-term dependents ,notwithstanding the alien's actual age or marital status1 an alien who is determined to be a child under paragraph 7#a7 and is otherwise eligible may change status to1 or extend status as1 a dependent child of a nonimmigrant described in section #aja7;a77#ae77;,h77i77b7 if the alien's parent-- 7,a7 maintains lawful status under such section2 7,b7 has an employment-based immigrant visa petition that has been approved pursuant to section #bjc7;b72 and 7,c7 has not yet had an opportunity to seek an immigrant visa or adjust status under section #bde4 7#c7 ,employment authorization ,an alien who is determined to be a child under paragraph 7#a7 is authorized to engage in employment in the ,united ,states incident to the status of his or her nonimmigrant parent4 7#d7 ,surviving relative consideration ,notwithstanding the death of the qualifying relative1 an alien who is determined to be a child under paragraph 7#a7 is authorized to extend status as a dependent child of a nonimmigrant described in section #aja7;a77#ae77;,h77i77b74 4 7c7 ,motion to reopen or reconsider 7#a7 ,in general ,a motion to reopen or reconsider the denial of a petition under section #bjd of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaed7 and a subsequent application for an immigrant visa or adjustment of status under section #bde of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abee71 may be granted if-- 7,a7 such petition or application would have been approved if-- 7i7 section #bjc7;h77#f7 of the ,immigration and ,nationality ,act1 as added by subsection 7a71 had been in effect when the petition or application was adjudicated2 and 7ii7 the person concerned remains eligible for the requested benefit2 7,b7 the individual seeking relief pursuant to such motion was in the ,united ,states at the time the underlying petition or application was filed2 and 7,c7 such motion is filed with the ,secretary or the ,attorney ,general not later than the date that is #b years after the date of the enactment of this ,act4 7#b7 ,protection from removal ,notwithstanding any other provision of the law1 the ,attorney ,general and the ,secretary-- 7,a7 may not initiate removal proceedings against or remove any alien who has a pending nonfrivolous motion under paragraph 7#a7 or is seeking to file such a motion unless-- 7i7 the alien is a danger to the community or a national security risk2 or 7ii7 initiating a removal proceeding with respect to such alien is in the public interest2 and 7,b7 shall provide aliens with a reasonable opportunity to file such a motion4 7#c7 ,employment authorization ,an alien with a pending1 nonfrivolous motion under this subsection shall be authorized to engage in employment through the date on which a final administrative decision regarding such motion has been made4 #djd4 ,military naturalization modernization 7a7 ,in general ,chapter #b of title ,,iii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adba et seq47 is amended-- 7#a7 by striking section #cbh 7#h ,u4,s4,c4 #adci72 and 7#b7 in section #cbi 7#h ,u4,s4,c4 #addj7-- 7,a7 by amending the section heading to read as follows3 ,naturalization through service in the ,selected ,reserve or in active-duty status4--2 7,b7 in subsection 7a7-- 7i7 in the matter preceding paragraph 7#a71 by striking during either and all that follows through foreign force2 7ii7 in paragraph 7#a7-- 7,i7 by striking ,america ,samoa1 or ,swains ,island and inserting ,american ,samoa1 ,swains ,island1 or any of the freely associated ,states 7as defined in section #faa7;b77#a77;,c7 of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adaa7;b77#a77;,c7712 and 7,,ii7 by striking he and inserting such person2 and 7iii7 in paragraph 7#b71 by striking in an active-duty status1 and whether separation from such service was under honorable conditions and inserting in accordance with subsection 7b77#c72 and 7,c7 in subsection 7b7-- 7i7 in paragraph 7#a71 by striking he and inserting such person2 and 7ii7 in paragraph 7#c71 by striking an active-duty status and all that follows through foreign force1 and and inserting in an active status 7as defined in section #aja7;d7 of title #aj1 ,united ,states ,code71 in the ,selected ,reserve of the ,ready ,reserve1 or on active duty 7as defined in such section7 and1 if separated4 7b7 ,clerical amendment ,the table of contents for the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 is amended by striking the items relating to sections #cbh and #cbi and inserting the following3 ,sec4 #cbi4 ,naturalization through service in the ,selected ,reserve or in active-duty status4 4 #dje4 ,temporary family visits 7a7 ,establishment of new nonimmigrant visa subcategory ,section #aja7;a77#ae77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,b77 is amended by striking temporarily for business or temporarily for pleasure2 and inserting temporarily for-- 7i7 business2 7ii7 pleasure2 or 7iii7 family purposes2 4 7b7 ,requirements applicable to family purposes visas ,section #bad of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd71 as amended by section #djc7;b71 is further amended by adding at the end the following3 7t7 ,requirements applicable to family purposes visas 7#a7 ,defined term ,in this subsection and in section #aja7;a77#ae77;,b77iii71 the term family purposes means any visit by a relative for a social1 occasional1 major life1 or religious event1 or for any other purpose4 7#b7 ,family purposes visa ,except as provided in paragraph 7#c71 family travel for pleasure is authorized pursuant to the policies1 terms1 and conditions in effect on the day before the date of the enactment of the ,border ,act4 7#c7 ,special rules for family purposes visas for aliens awaiting immigrant visas 7,a7 ,notification of approved petition ,a visa may not be issued to a relative under section #aja7;a77#ae77;,b77iii7 until after the consular officer is notified that the ,secretary of ,homeland ,security has approved a petition filed in the ,united ,states by a family member of the relative who is a ,united ,states citizen or lawful permanent resident4 7,b7 ,petition ,a petition referred to in subparagraph 7,a7 shall-- 7i7 be in such form and contain such information as the ,secretary may prescribe by regulation2 and 7ii7 shall include-- 7,i7 a declaration of financial support1 affirming that the petitioner will provide financial support to the relative for the duration of his or her temporary stay in the ,united ,states2 7,,ii7 evidence that the relative has-- 7aa7 obtained1 for the duration of his or her stay in the ,united ,states1 a short-term travel medical insurance policy2 or 7bb7 an existing health insurance policy that provides coverage for international medical expenses2 and 7,,iii7 a declaration from the relative1 under penalty of perjury1 affirming the relative's-- 7aa7 intent to depart the ,united ,states at the conclusion of the relative's period of authorized admission2 and 7bb7 awareness of the penalties for overstaying such period of authorized admission4 7#d7 ,petitioner eligibility 7,a7 ,in general ,absent extraordinary circumstances1 an individual may not petition for the admission of a relative as a nonimmigrant described in section #aja7;a77#ae77;,b77iii7 if such individual previously petitioned for the admission of such a relative who-- 7i7 was admitted to the ,united ,states pursuant to a visa issued under such section as a result of such petition2 and 7ii7 overstayed his or her period of authorized admission4 7,b7 ,previous petitioners 7i7 ,in general ,an individual filing a declaration of financial support on behalf of a relative seeking admission as a nonimmigrant described in section #aja7;a77#ae77;,b77iii7 who has previously provided a declaration of financial support for such a relative shall-- 7,i7 certify to the ,secretary of ,homeland ,security that the relative whose admission the individual previously supported did not overstay his or her period of authorized admission2 or 7,,ii7 explain why the relative's overstay was due to extraordinary circumstances beyond the control of the relative4 7ii7 ,criminal penalty for false statement ,a certification under clause 7i77,i7 shall be subject to the requirements under section #ajja of title #ah1 ,united ,states ,code4 7,c7 ,waiver ,the ,secretary of ,homeland ,security may waive the application of section #bab7;a77#i77;,b7 in the case of a nonimmigrant described in section #aja7;a77#ae77;,b77iii7 who overstayed his or her period of authorized admission due to extraordinary circumstances beyond the control of the nonimmigrant4 4 7c7 ,restriction on change of status ,section #bdh7;a77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abeh7;a77#a77 is amended by inserting 7,b77iii71 after subparagraph4 7d7 ,family purpose visa eligibility while awaiting immigrant visa 7#a7 ,in general ,notwithstanding section #bad7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;b771 a nonimmigrant described in section #aja7;a77#ae77;,b77iii7 of such ,act1 as added by subsection 7a71 who has been classified as an immigrant under section #bja of such ,act 7#h ,u4,s4,c4 #aaea7 and is awaiting the availability of an immigrant visa subject to the numerical limitations under section #bjc of such ,act 7#h ,u4,s4,c4 #aaec7 may be admitted pursuant to a family purposes visa1 in accordance with section #bad7t7 of such ,act1 as added by subsection 7b71 if the individual is otherwise eligible for admission4 7#b7 ,limitation ,an alien admitted under section #aja7;a77#ae77;,b77iii7 of the ,immigration and ,nationality ,act1 pursuant to section #bad7t77#c7 of such ,act1 as added by subsection 7b71 may not be considered to have been admitted to the ,united ,states for purposes of section #bde7;a7 of such ,act 7#h ,u4,s4,c4 #abee7;a774 7e7 ,rule of construction ,nothing in this section1 or in the amendments made by this section1 may be construed as-- 7#a7 limiting the authority of immigration officers to refuse to admit to the ,united ,states an applicant under section #aja7;a77#ae77;,b77iii7 of the ,immigration and ,nationality ,act1 as added by subsection 7a71 who fails to meet #a or more of the criteria under section #bad7t7 of such ,act1 as added by subsection 7b71 or who is inadmissible under section #bab7;a7 of such ,act 7#h ,u4,s4,c4 #aahb7;a772 or 7#b7 precluding the use of section #aja7;a77#ae77;,b77ii7 of the ,immigration and ,nationality ,act1 as added by subsection 7a71 for family travel for pleasure in accordance with the policies and procedures in effect on the day before the date of the enactment of this ,act4 ,v ,self-sufficiency and due process ,a ,work authorizations #eja4 ,work authorization ,section #bjh7;d77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7;d77#b77 is amended to read as follows3 7#b7 ,employment eligibility ,except as provided in section #bce;,c-- 7,a7 an applicant for asylum is not entitled to employment authorization1 but such authorization may be provided by the ,secretary of ,homeland ,security by regulation2 and 7,b7 an applicant who is not otherwise eligible for employment authorization may not be granted employment authorization under this section before the date that is #ahj days after the date on which the applicant files an application for asylum4 4 #ejb4 ,employment eligibility 7a7 ,in general ,chapter #d of title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abba et seq471 as amended by section #ada7;a71 is further amended by adding at the end the following3 #bce;,c4 ,employment eligibility 7a7 ,expedited employment eligibility 7#a7 ,in general ,the ,secretary of ,homeland ,security shall authorize employment for any alien who-- 7,a7 7i7 is processed under the procedures described in section #bce7;b77#a7 and receives a positive protection determination pursuant to such procedures2 or 7ii7 7,i7 is processed under the procedures described in section #bce;,b2 and 7,,ii7 7aa7 receives a positive protection determination and is subsequently referred under section #bce;,b7c77#b77;,b77i7 for a protection merits interview2 or 7bb7 is referred under section #bce;,b7f77#a7 for a protection merits interview2 and 7,b7 is released from the physical custody of the ,secretary of ,homeland ,security4 7#b7 ,application ,the ,secretary of ,homeland ,security shall grant employment authorization to-- 7,a7 an alien described in paragraph 7#a77;,a77i7 immediately upon such alien's release from physical custody2 7,b7 an alien described in paragraph 7#a77;,a77ii77,,ii77aa7 at the time such alien receives a positive protection determination or is referred for a protection merits interview2 and 7,c7 an alien described in paragraph 7#a77;,a77ii77,,ii77bb7 on the date that is #cj days after the date on which such alien files an application pursuant to section #bce;,b7f74 7b7 ,term ,employment authorization under this section-- 7#a7 shall be for an initial period of #b years2 and 7#b7 shall be renewable1 as applicable-- 7,a7 for additional #b-year periods while the alien is in protection merits removal proceedings1 including while the outcome of the protection merits interview is under administrative or judicial review2 or 7,b7 until the date on which-- 7i7 the alien receives a negative protection merits determination2 or 7ii7 the alien otherwise receives employment authorization under any other provision of this ,act4 7c7 ,rules of construction 7#a7 ,detention ,nothing in this section may be construed to expand or restrict the authority of the ,secretary of ,homeland ,security to detain or release from detention an alien1 if such detention or release from detention is authorized by law4 7#b7 ,limitation on authority ,the ,secretary of ,homeland ,security may not authorize for employment in the ,united ,states an alien being processed under section #bce7;b77#a7 or #bce;,b in any circumstance not explicitly described in this section4 4 7b7 ,conforming amendment ,the table of contents for the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 is amended by inserting after the item relating to section #bce;,b1 as added by section #ada7;b71 the following3 ,sec4 #bce;,c4 ,employment eligibility4 4 ,b ,protecting due process #eaa4 ,access to counsel 7a7 ,in general ,section #bce7;b77#a77;,b77iv7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe7;b77#a77;,b77iv77 is amended to read as follows3 7iv7 ,information about protection determinations 7,i7 ,in general ,the ,secretary of ,homeland ,security shall provide an alien with information in plain language regarding protection determinations conducted under this section1 including the information described in subclause 7,,ii7-- 7aa7 at the time of the initial processing of the alien2 and 7bb7 to the maximum extent practicable1 in the alien's native language or in a language the alien understands4 7,,ii7 ,information described ,the information described in this subclause is information relating to-- 7aa7 the rights and obligations of the alien during a protection determination2 7bb7 the process by which a protection determination is conducted2 7cc7 the procedures to be followed by the alien in a protection determination2 and 7dd7 the possible consequences of-- 7,,aa7 not complying with the obligations referred to in item 7aa72 and 7,,bb7 not cooperating with ,federal authorities4 7,,iii7 ,accessibility ,an alien who has a limitation that renders the alien unable to read written materials provided under subclause 7,i7 shall receive an interpretation of such materials in the alien's native language1 to the maximum extent practicable1 or in a language and format the alien understands4 7,,iv7 ,timing of protection determination 7aa7 ,in general ,the protection determination of an alien shall not occur earlier than #gb hours after the provision of the information described in subclauses 7,i7 and 7,,ii74 7bb7 ,waiver ,an alien may-- 7,,aa7 waive the #gb-;hour requirement under item 7aa7 only if the alien knowingly and voluntarily does so1 only in a written format or in an alternative record if the alien is unable to write1 and only after the alien receives the information required to be provided under subclause 7,i72 and 7,,bb7 consult with an individual of the alien's choosing in accordance with subclause 7,v7 before waiving such requirement4 7,v7 ,consultation 7aa7 ,in general ,an alien who is eligible for a protection determination may consult with one or more individuals of the alien's choosing before the screening or interview1 or any review of such a screening or interview1 in accordance with regulations prescribed by the ,secretary of ,homeland ,security4 7bb7 ,limitation ,consultation described in item 7aa7 shall be at no expense to the ,federal ,government4 7cc7 ,participation in interview ,an individual chosen by the alien may participate in the protection determination of the alien conducted under this subparagraph4 7dd7 ,access ,the ,secretary of ,homeland ,security shall ensure that a detained alien has effective access to the individuals chosen by the alien1 which may include physical access1 telephonic access1 and access by electronic communication4 7ee7 ,inclusions ,consultations under this subclause may include-- 7,,aa7 consultation with an individual authorized by the ,department of ,justice through the ,recognition and ,accreditation ,program2 and 7,,bb7 consultation with an attorney licensed under applicable law4 7ff7 ,rules of construction ,nothing in this subclause may be construed-- 7,,aa7 to require the ,federal ,government to pay for any consultation authorized under item 7aa72 7,,bb7 to invalidate or limit the remedies1 rights1 and procedures of any ,federal law that provides protection for the rights of individuals with disabilities2 or 7,,cc7 to contravene or limit the obligations under the ,vienna ,convention on ,consular ,relations done at ,vienna ,april #bd1 #aifc4 4 7b7 ,conforming amendment ,section #bch7;a77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbh7;a77#b77 is amended by striking make reasonable efforts to ensure that the alien's access to counsel and inserting ensure that the alien's access to counsel1 pursuant to section #bce7;b77#a77;,b77iv714 #eab4 ,counsel for certain unaccompanied alien children ,section #bce7;c77#e7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7;c77#e77 is amended to read as follows3 7#e7 ,access to counsel 7,a7 ,in general ,except as provided in subparagraph 7,b71 the ,secretary of ,health and ,human ,services shall ensure1 to the greatest extent practicable and consistent with section #bib of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acfb71 that all unaccompanied alien children who are or have been in the custody of the ,secretary of ,health and ,human ,services or the ,secretary of ,homeland ,security1 and who are not described in subsection 7a77#b77;,a71 have counsel to represent them in legal proceedings or matters and protect them from mistreatment1 exploitation1 and trafficking4 ,to the greatest extent practicable1 the ,secretary of ,health and ,human ,services shall make every effort to utilize the services of pro bono counsel who agree to provide representation to such children without charge4 7,b7 ,exception for certain children 7i7 ,in general ,an unaccompanied alien child who at #ac years of age or younger is referred to ,health and ,human ,services or placed in removal proceedings pursuant to section #bdj of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a71 shall be represented by counsel subject to clause 7v74 7ii7 ,age determinations ,the ,secretary of ,health and ,human ,services shall ensure that age determinations of unaccompanied alien children are conducted in accordance with the procedures developed pursuant to subsection 7b77#d74 7iii7 ,appeals ,the rights and privileges under this subparagraph-- 7,i7 shall not attach to-- 7aa7 an unaccompanied alien child after the date on which-- 7,,aa7 the removal proceedings of the child under section #bdj of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a7 terminate1 without an application for relief pending2 7,,bb7 an order of removal with respect to the child becomes final2 or 7,,cc7 an immigration benefit is granted to the child2 or 7bb7 an appeal to a district court or court of appeals of the ,united ,states1 unless certified by the ,secretary as a case of extraordinary importance2 and 7,,ii7 shall attach to administrative reviews and appeals4 7iv7 ,implementation ,not later than #ij days after the date of the enactment of the ,border ,act1 the ,secretary of ,health and ,human ,services shall implement this subparagraph4 7v7 ,remedies 7,i7 ,in general ,for the population described in clause 7i7 of this subparagraph and subsection 7b77#a7 of section #bib of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acfb71 declaratory judgment that the unaccompanied alien child has a right to be referred to counsel1 including pro-bono counsel1 or a continuance of immigration proceedings1 shall be the exclusive remedies available1 other than for those funds subject to appropriations4 7,,ii7 ,settlements ,any settlement under this subparagraph shall be subject to appropriations4 4 #eac4 ,counsel for certain incompetent individuals ,section #bdj of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7;a77 is amended-- 7#a7 by redesignating subsection 7e7 as subsection 7f72 and 7#b7 by inserting after subsection 7d7 the following3 7e7 ,representation for certain incompetent aliens 7#a7 ,in general ,the immigration judge is authorized to appoint legal counsel or a certified representative accredited through the ,department of ,justice to represent an alien in removal proceedings if-- 7,a7 pro bono counsel is not available2 and 7,b7 the alien-- 7i7 is unrepresented2 7ii7 was found by an immigration judge to be incompetent to represent themselves2 and 7iii7 has been placed in or referred to removal proceedings pursuant to this section4 7#b7 ,determination on competence 7,a7 ,presumption of competence ,an alien is presumed to be competent to participate in removal proceedings and has the duty to raise the issue of competency4 ,if there are no indicia of incompetency in an alien's case1 no further inquiry regarding competency is required4 7,b7 ,decision of the immigration judge 7i7 ,in general ,if there are indicia of incompetency1 the immigration judge shall consider whether there is good cause to believe that the alien lacks sufficient competency to proceed without additional safeguards4 7ii7 ,incompetency test ,the test for determining whether an alien is incompetent to participate in immigration proceedings1 is not malingering1 and consequently lacks sufficient capacity to proceed1 is whether the alien1 not solely on account of illiteracy or language barriers-- 7,i7 lacks a rational and factual understanding of the nature and object of the proceedings2 7,,ii7 cannot consult with an available attorney or representative2 and 7,,iii7 does not have a reasonable opportunity to examine and present evidence and cross-examine witnesses4 7iii7 ,no appeal ,a decision of an immigration judge under this subparagraph may not be appealed administratively and is not subject to judicial review4 7,c7 ,effect of finding of incompetence ,a finding by an immigration judge that an alien is incompetent to represent himself or herself in removal proceedings shall not prejudice the outcome of any proceeding under this section or any finding by the immigration judge with respect to whether the alien is inadmissible under section #bab or removable under section #bcg4 7#c7 ,quarterly report ,not later than #ij days after the effective date of a final rule implementing this subsection1 and quarterly thereafter1 the ,director of the ,executive ,office for ,immigration ,review shall submit to the appropriate committees of ,congress a report that includes-- 7,a7 7i7 the number of aliens in proceedings under this section who claimed during the reporting period to be incompetent to represent themselves1 disaggregated by immigration court and immigration judge2 and 7ii7 a description of each reason given for such claims1 such as mental disease or mental defect2 and 7,b7 7i7 the number of aliens in proceedings under this section found during the reporting period by an immigration judge to be incompetent to represent themselves1 disaggregated by immigration court and immigration judge2 and 7ii7 a description of each reason upon which such findings were based1 such as mental disease or mental defect4 7#d7 ,rule of construction ,nothing in this subsection may be construed-- 7,a7 to require the ,secretary of ,homeland ,security or the ,attorney ,general to analyze whether an alien is incompetent to represent themselves1 absent an indicia of incompetency2 7,b7 to establish a substantive due process right2 7,c7 to automatically equate a diagnosis of a mental illness to a lack of competency2 7,d7 to limit the ability of the ,attorney ,general or the immigration judge to prescribe safeguards to protect the rights and privileges of the alien2 7,e7 to limit any authorized representation program by a ,state1 local1 or ,tribal government2 7,f7 to provide any statutory right to representation in any proceeding authorized under this ,act1 unless such right is already authorized by law2 or 7,g7 to interfere with1 create1 or expand any right or responsibility established through a court order or settlement agreement in effect before the date of the enactment of the ,border ,act4 7#e7 ,rulemaking ,the ,attorney ,general is authorized to prescribe regulations to carry out this subsection4 4 #ead4 ,conforming amendment ,section #bib of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acfb7 is amended to read as follows3 #bib4 ,right to counsel 7a7 ,in general ,in any removal proceeding before an immigration judge and in any appeal proceeding before the ,attorney ,general from an order issued through such removal proceeding1 the person concerned shall have the privilege of being represented 7at no expense to the ,federal ,government7 by any counsel who is authorized to practice in such proceedings4 7b7 ,exceptions for certain populations ,the ,federal ,government is authorized to provide counsel1 at its own expense1 in proceedings described in subsection 7a7 for-- 7#a7 unaccompanied alien children described in paragraph 7#e7 of section #bce7;c7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7;c772 and 7#b7 subject to appropriations1 certain incompetent aliens described in section #bdj7;e74 4 ,,vi ,accountability and metrics #fja4 ,employment authorization compliance ,not later than #a year and #ahj days after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary shall submit a report to the appropriate committees of ,congress and to the public that describes the actions taken by ,secretary pursuant to section #bce;,c of the ,immigration and ,nationality ,act1 as added by section #ejb1 including-- 7#a7 the number of employment authorization applications granted or denied pursuant to subsection 7a77#a7 of such section #bce;,c1 disaggregated by whether the alien concerned was processed under the procedures described in section #bce7;b77#a7 or #bce;,b of such ,act2 7#b7 the ability of the ,secretary to comply with the timelines for provision of work authorization prescribed in subparagraphs 7,a7 through 7,c7 of section #bce;,c7a77#b7 of such ,act1 including whether complying with subparagraphs 7,a7 and 7,b7 of such section #bce;,c7a77#b7 has caused delays in the processing of such aliens2 7#c7 the number of employment authorizations revoked due to an alien's failure to comply with the requirements under section #bce;,b7f77#e77;,b7 of the ,immigration and ,nationality ,act1 as added by section #ada1 or for any other reason1 along with the articulated basis2 and 7#d7 the average time for the revocation of an employment authorization if an alien is authorized to work under section #bce;,c of the ,immigration and ,nationality ,act and is subsequently ordered removed4 #fjb4 ,legal access in custodial settings ,not later than #ahj days after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary shall submit a report to the appropriate committees of ,congress and to the public regarding alien access to legal representation and consultation in custodial settings1 including-- 7#a7 the total number of aliens who secured or failed to secure legal representation pursuant to section #bce7;b77#a77;,b77iv77,v7 of the ,immigration and ,nationality ,act1 as added by section #eaa1 before the protection determination under section #bce7;b77#a77;,b77i7 of such ,act1 including the disposition of such alien's interview2 7#b7 the total number of aliens who waived the #gb-;hour period pursuant to section #bce7;b77#a77;,b77iv77,,iv77bb7 of such ,act1 including the disposition of the alien's protection determination pursuant to section #bce7;b77#a77;,b77i7 of such ,act2 7#c7 the total number of aliens who required a verbal interpretation of the information about screenings and interviews pursuant to section #bce7;b77#a77;,b77iv7 of such ,act1 disaggregated by the number of aliens who received or did not receive such an interpretation1 respectively1 pursuant to section #bce7;b77#a77;,b77iv77,,iii7 of such ,act1 including the disposition of their respective protection determinations pursuant to section #bce7;b77#a77;,b77i7 of such ,act2 7#d7 the total number of aliens who received information1 either verbally or in writing1 in their native language2 and 7#e7 whether such policies and procedures with respect to access provided in section #bce7;b77#a77;,b77iv7 have been made available publicly4 #fjc4 ,credible fear and protection determinations ,not later than #a year and #fj days after the date of the enactment of this ,act1 and annually thereafter1 the ,director of ,u4,s4 ,citizenship and ,immigration ,services shall submit a report to the appropriate committees of ,congress and to the public that sets forth-- 7#a7 the number of aliens who requested or received a protection determination pursuant to section #bce7;b77#a77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe7;b77#a77;,b772 7#b7 the number of aliens who requested or received a protection determination pursuant to section #bce;,b7b7 of such ,act1 as added by section #ada2 7#c7 the number of aliens described in paragraphs 7#a7 and 7#b7 who are subject to an asylum exception under section #bce7;b77#a77;,b77vi7 of such ,act1 disaggregated by specific asylum exception2 7#d7 the number of aliens for whom an asylum officer determined that an alien may be eligible for a waiver under section #bce7;b77#a77;,b77vi7 of such ,act and did not apply such asylum exception to such alien2 7#e7 the number of aliens described in paragraph 7#a7 or 7#b7 who-- 7,a7 received a positive screening or determination2 or 7,b7 received a negative screening or determination2 7#f7 the number of aliens described in paragraph 7#e77;,b7 who requested reconsideration or appeal of a negative screening and the disposition of such requests2 7#g7 the number of aliens described in paragraph 7#f7 who1 upon reconsideration-- 7,a7 received a positive screening or determination1 as applicable2 or 7,b7 received a negative screening or determination1 as applicable2 7#h7 the number of aliens described in paragraph 7#e77;,b7 who appealed a decision subsequent to a request for reconsideration2 7#i7 the number of aliens described in paragraph 7#e77;,b7 who1 upon appeal of a decision1 disaggregated by whether or not such alien requested reconsideration of a negative screening-- 7,a7 received a positive screening or determination1 as applicable2 or 7,b7 received negative screening or determination1 as applicable2 and 7#aj7 the number of aliens who withdraw their application for admission1 including-- 7,a7 whether such alien could read or write2 7,b7 whether the withdrawal occurred in the alien's native language2 7,c7 the age of such alien2 and 7,d7 the ,federal agency or component that processed such withdrawal4 #fjd4 ,publication of operational statistics by ,u4,s4 ,customs and ,border ,protection 7a7 ,in general ,beginning in the second calendar month beginning after the date of the enactment of this ,act1 the ,commissioner for ,u4,s4 ,customs and ,border ,protection shall publish1 not later than the seventh day of each month1 on a publicly available website of the ,department1 information from the previous month relating to-- 7#a7 the number of alien encounters1 disaggregated by-- 7,a7 whether such aliens are admissible or inadmissible1 including the basis for such determinations2 7,b7 the ,u4,s4 ,border ,patrol sector and ,u4,s4 ,customs and ,border ,protection field office that recorded the encounter2 7,c7 any outcomes recorded 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 #fba771 including-- 7i7 whether the alien is found to be inadmissible or removeable due to a specific ground relating to terrorism2 7ii7 the alien's country of nationality1 race or ethnic identification1 and age2 and 7iii7 whether the alien's alleged terrorism is related to domestic or international actors1 if available2 7,d7 aliens with active ,federal or ,state warrants for arrest in the ,united ,states and the nature of the crimes justifying such warrants2 7,e7 the nationality of the alien2 7,f7 whether the alien encountered is a single adult1 an individual in a family unit1 an unaccompanied child1 or an accompanied child2 7,g7 the average time the alien remained in custody1 disaggregated by demographic information2 7,h7 the processing disposition of each alien described in this paragraph upon such alien's release from the custody of ,u4,s4 ,customs and ,border ,protection1 disaggregated by nationality2 7,i7 the number of aliens who are paroled pursuant to section #bab7;d77#e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;d77#e771 disaggregated by geographic region or sector2 7,j7 the recidivism rate of aliens described in this paragraph1 including the definition of recidivism and notice of any changes to such definition2 and 7,k7 aliens who have a confirmed gang affiliation1 including-- 7i7 whether such alien was determined to be inadmissible or removable due to such affiliation2 7ii7 the specific gang affiliation alleged2 7iii7 the basis of such allegation2 and 7iv7 the ,federal agency or component that made such allegation or determination2 7#b7 seizures1 disaggregated by the ,u4,s4 ,border ,patrol sector and ,u4,s4 ,customs and ,border ,protection field office that recorded the encounter1 of-- 7,a7 narcotics2 7,b7 firearms1 whether inbound or outbound1 including whether such firearms were manufactured in the ,united ,states1 if known2 7,c7 monetary instruments1 whether inbound and outbound2 and 7,d7 other specifically identified contraband2 7#c7 with respect to border emergency authority described in section #bdd;,a of the ,immigration and ,nationality ,act1 as added by section #cja-- 7,a7 the number of days such authority was in effect2 7,b7 the number of encounters 7as defined in section #bdd;,a7i77#c77 of such ,act1 disaggregated by ,u4,s4 ,border ,patrol sector and ,u4,s4 ,customs and ,border ,patrol field office2 7,c7 the number of summary removals made under such authority2 7,d7 the number of aliens who manifested a fear of persecution or torture and were screened for withholding of removal or for protection under the ,convention ,against ,torture1 and the disposition of each such screening1 including the processing disposition or outcome2 7,e7 the number of aliens who were screened at a port of entry in a safe and orderly manner each day such authority was in effect1 including the processing disposition or outcome2 7,f7 whether such authority was exercised under subparagraph 7,a71 7,b77i71 or 7,b77ii7 of section #bdd;,a7b77#c7 of such ,act2 7,g7 a public description of all the methods by which the ,secretary determines if an alien may be screened in a safe and orderly manner2 7,h7 the total number of languages that are available for such safe and orderly process2 7,i7 the number of aliens who were returned to a country that is not their country of nationality2 7,j7 the number of aliens who were returned to any country without a humanitarian or protection determination during the use of such authority2 7,k7 the number of ,united ,states citizens who were inadvertently detained1 removed1 or affected by such border emergency authority2 7,l7 the number of individuals who have lawful permission to enter the ,united ,states and were inadvertently detained1 removed1 or affected by such border emergency authority2 7,m7 a summary of the impact to lawful trade and travel during the use of such border emergency authority1 disaggregated by port of entry2 7,n7 the disaggregation of the information described in subparagraphs 7,c71 7,d71 7,e71 7,i71 7,j71 7,k71 and 7,l7 by the time the alien remained in custody and by citizenship and family status1 including-- 7i7 single adults2 7ii7 aliens traveling in a family unit2 7iii7 unaccompanied children2 7iv7 accompanied children2 7#d7 information pertaining to agricultural inspections2 7#e7 border rescues and mortality data2 7#f7 information regarding trade and travel2 and 7#g7 with respect to aliens who were transferred from the physical custody of a ,state or ,federal law enforcement agency or other ,state agency to the physical custody of a ,federal agency or component-- 7,a7 the specific ,states concerned2 7,b7 whether such alien had initially been charged with a ,state crime before the ,state transferred such alien to such ,federal agency or component2 and 7,c7 the underlying ,state crime with which the alien was charged4 7b7 ,totals ,the information described in subsection 7a7 shall include the total amount of each element described in each such paragraph in the relevant unit of measurement for reporting month4 7c7 ,definitions ,the monthly publication required under subsection 7a7 shall-- 7#a7 include the definition of all terms used by the ,commissioner2 and 7#b7 specifically note whether the definition of any term has been changed4 7d7 ,protection of personally identifiable information ,in preparing each publication pursuant to subsection 7a71 the ,secretary shall-- 7#a7 protect any personally identifiable information associated with aliens described in subsection 7a72 and 7#b7 comply with all applicable privacy laws4 #fje4 ,utilization of parole authorities ,section #fjb7;b7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #aahb note7 is amended to read as follows3 7b7 ,annual report to ,congress 7#a7 ,in general ,not later than #ij days after the end of each fiscal year1 the ,secretary of ,homeland ,security shall submit a report to the ,committee on the ,judiciary of the ,senate1 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 the ,committee on the ,judiciary of the ,house of ,representatives1 the ,committee on ,homeland ,security of the ,house of ,representatives1 and the public that identifies the number of aliens paroled into the ,united ,states pursuant to section #bab7;d77#e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;d77#e774 7#b7 ,contents ,each report required under paragraph 7#a7 shall include-- 7,a7 the total number of aliens-- 7i7 who submitted applications for parole2 7ii7 whose parole applications were approved2 or 7iii7 who were granted parole into the ,united ,states during the fiscal year immediately preceding the fiscal year during which such report is submitted2 7,b7 the elements described in subparagraph 7,a71 disaggregated by-- 7i7 citizenship or nationality2 7ii7 demographic categories2 7iii7 the component or subcomponent of the ,department of ,homeland ,security that granted such parole2 7iv7 the parole rationale or class of admission1 if applicable2 and 7v7 the sector1 field office1 area of responsibility1 or port of entry where such parole was requested1 approved1 or granted2 7,c7 the number of aliens who requested re-parole1 disaggregated by the elements described in subparagraph 7,b71 and the number of denials of re-parole requests2 7,d7 the number of aliens whose parole was terminated for failing to abide by the terms of parole1 disaggregated by the elements described in subparagraph 7,b72 7,e7 for any parole rationale or class of admission which requires sponsorship1 the number of sponsor petitions which were-- 7i7 confirmed2 7ii7 confirmed subsequent to a nonconfirmation2 or 7iii7 denied2 7,f7 for any parole rationale or class of admission in which a foreign government has agreed to accept returns of third country nationals1 the number of returns of such third country nationals such foreign government has accepted2 7,g7 the number of aliens who filed for asylum after being paroled into the ,united ,states2 and 7,h7 the number of aliens described in subparagraph 7,g7 who were granted employment authorization based solely on a grant of parole4 7#c7 ,protection of personally identifiable information ,in preparing each report pursuant to paragraph 7#a71 the ,secretary shall-- 7,a7 protect any personally identifiable information associated with aliens described in paragraph 7#a72 and 7,b7 comply with all applicable privacy laws4 4 #fjf4 ,accountability in provisional removal proceedings 7a7 ,in general ,not later than #a year and #cj days after the date of the enactment of this ,act1 the ,secretary shall submit a report to the appropriate committees of ,congress and the public regarding the implementation of sections #bce;,b and #bdj;,d of the ,immigration and ,nationality ,act1 as added by sections #cada and #cadb during the previous #ab-month period4 7b7 ,contents ,each report required under subsection 7a7 shall include-- 7#a7 the number of aliens processed pursuant to section #bce;,b7b7 of the ,immigration and ,nationality ,act1 disaggregated by-- 7,a7 whether the alien was a single adult or a member of a family unit2 7,b7 the number of aliens who-- 7i7 were provided proper service and notice upon release from custody pursuant to section #bce;,b7b77#b7 of such ,act2 or 7ii7 were not given such proper service and notice2 7,c7 the number of aliens who received a protection determination interview pursuant to section #bce;,b7c7 of such ,act within the #ij-;day period required under section #bce;,b7b77#c77;,a7 of such ,act2 7,d7 the number of aliens described in subparagraph 7,c7-- 7i7 who retained legal counsel2 7ii7 who received a positive protection determination2 7iii7 who received a negative protection determination2 7iv7 for those aliens described in clause 7iii71 the number who-- 7,i7 requested reconsideration2 7,,ii7 whether such reconsideration resulted in approval or denial2 7,,iii7 whether an alien upon receiving a negative motion for reconsideration filed an appeal2 7,,iv7 who appealed a negative decision without filing for reconsideration2 7,v7 whether the appeal resulted in approval or denial1 disaggregated by the elements in subclauses 7,,iii7 and 7,,iv72 and 7,,vi7 whether the alien1 upon receiving a negative decision as described in subclauses 7,,iii7 and 7,v71 was removed from the ,united ,states upon receiving such negative decision2 7v7 who absconded during such proceedings2 and 7vi7 who failed to receive proper service2 7,e7 the number of aliens who were processed pursuant to section #bce;,b7f7 of such ,act2 and 7,f7 the number of aliens described in subparagraph 7,e7 who submitted their application pursuant to section #bce;,b7f77#b77;,b77i7 of such ,act2 7#b7 the average time taken by the ,department of ,homeland ,security-- 7,a7 to perform a protection determination interview pursuant to section #bce;,b7b7 of such ,act2 7,b7 to serve notice of a protection determination pursuant to section #bce;,b7e7 of such ,act after a determination has been made pursuant to section #bce;,b7b7 of such ,act2 7,c7 to provide an alien with a work authorization pursuant to section #bce;,c of such ,act1 as added by section #eja1 disaggregated by the requirements under subparagraphs 7,a71 7,b71 and 7,c7 of section #bce;,c7a77#b7 of such ,act2 and 7,d7 the utilization of the ,alternatives to ,detention program authorized under section #bce;,b7a77#c7 of such ,act1 disaggregated by-- 7i7 types of alternatives to detention used to supervise the aliens after being released from physical custody2 7ii7 the level of compliance by the alien with the rules of the ,alternatives to ,detention program2 and 7iii7 the total cost of each ,alternatives to ,detention type2 7#c7 the number of aliens processed pursuant to section #bdj;,d7d7 of such ,act1 disaggregated by-- 7,a7 whether the alien was a single adult or a member of a family unit2 7,b7 the number of aliens who were provided proper service and notice of a protection determination pursuant to section #bce;,b7e7 of such ,act2 7,c7 the number of aliens who received a protection merits interview pursuant to section #bdj;,d7c77#c7 of such ,act within the #ij-;day period required under section #bdj;,d7b7 of such ,act2 7,d7 the number of aliens who received a positive protection merits determination pursuant to section #bdj;,d7d77#b7 of such ,act2 7,e7 the number of aliens who received a negative protection merits determination pursuant to section #bdj;,d7d77#c7 of such ,act1 disaggregated by the number of aliens who appealed the determination pursuant to section #bdj;,d7e7 of such ,act and who received a result pursuant to section #bdj;,d7e77#g7 of such ,act2 7,f7 the number of aliens who were processed pursuant to section #bdj;,d of such ,act who retained legal counsel2 7,g7 the number of aliens who appeared at such proceedings2 and 7,h7 the number of aliens who absconded during such proceedings2 and 7#d7 the average time taken by the ,department of ,homeland ,security-- 7,a7 to perform a protection merits interview pursuant to section #bdj;,d7d7 of such ,act2 7,b7 to serve notice of a protection merits determination pursuant to section #bdj;,d7d7 of such ,act2 and 7,c7 the utilization of ,alternatives to ,detention program authorized under section #bdj;,d7c77#b7 of such ,act1 disaggregated by-- 7i7 types of alternatives to detention used to supervise the aliens after being released from physical custody2 and 7ii7 the level of compliance by the aliens with rules of the ,alternatives to ,detention program4 7c7 ,protection of personally identifiable information ,in preparing each report pursuant to subsection 7a71 the ,secretary shall-- 7#a7 protect any personally identifiable information associated with aliens described in subsection 7a72 and 7#b7 comply with all applicable privacy laws4 #fjg4 ,accountability in voluntary repatriation1 withdrawal1 and departure 7a7 ,in general ,not later than #a year and #cj days after the date of the enactment of this ,act1 the ,secretary shall submit a report to the appropriate committees of ,congress regarding the implementation of section #bdj;,g of the ,immigration and ,nationality ,act1 as added by section #add4 7b7 ,contents ,the report required under subsection 7a7 shall include the number of aliens who utilized the provisions of such section #bdj;,g1 disaggregated by-- 7#a7 demographic information2 7#b7 the period in which the election took place2 7#c7 the total costs of repatriation flight when compared to the cost to charter a private1 commercial flight for such return2 7#d7 alien use of reintegration or reception programs in the alien's country of nationality after removal from the ,united ,states2 7#e7 the number of aliens who failed to depart in compliance with section #bdj;,g7i77#b7 of such ,act2 7#f7 the number of aliens to which a civil penalty and a period of ineligibility was applied2 and 7#g7 the number of aliens who did depart4 #fjh4 ,,gao analysis of immigration judge and asylum officer decision-making regarding asylum1 withholding of removal1 and protection under the ,convention ,against ,torture 7a7 ,in general ,not later than #b years after the ,comptroller ,general of the ,united ,states submits the certification described in section #adf7;d77#c71 the ,comptroller ,general shall analyze the decision rates of immigration judges and asylum officers regarding aliens who have received a positive protection determination and have been referred to proceedings under section #bdj or #bdj;,d of the ,immigration and ,nationality ,act1 as applicable1 to determine-- 7#a7 whether the ,executive ,office for ,immigration ,review and ,u4,s4 ,citizenship and ,immigration ,services have any differential in rate of decisions for cases involving asylum1 withholding of removal1 or protection under the ,convention ,against ,torture and ,other ,cruel1 ,inhuman or ,degrading ,treatment or ,punishment1 done at ,new ,york ,december #aj1 #aihd2 and 7#b7 the causes for any such differential1 including any policies1 procedures1 or other administrative measures4 7b7 ,recommendations ,upon completing the analysis required under subsection 7a71 the ,comptroller ,general shall submit recommendations to the ,director of the ,executive ,office for ,immigration ,review and the ,director of ,u4,s4 ,citizenship and ,immigration ,services regarding any administrative or procedural changes necessary to ensure uniformity in decision-making between those agencies1 which may not include quotas4 #fji4 ,report on counsel for unaccompanied alien children 7a7 ,in general ,not later than #abj days after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary of ,health and ,human ,services shall submit a report to the appropriate committees of ,congress with respect to unaccompanied alien children who received appointed counsel pursuant to section #bce7;c77#e77;,b7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh1 as added by section #eab1 including-- 7#a7 the number of unaccompanied alien children who obtained such counsel compared to the number of such children who did not obtain such counsel2 7#b7 the sponsorship category of unaccompanied alien children who obtained counsel2 7#c7 the age ranges of unaccompanied alien children who obtained counsel2 7#d7 the administrative appeals1 if any1 of unaccompanied alien children who obtained counsel2 and 7#e7 the case outcomes of unaccompanied alien children who obtained counsel4 7b7 ,protection of personally identifiable information ,in preparing each report pursuant to subsection 7a71 the ,secretary of ,health and ,human ,services shall-- 7#a7 protect any personally identifiable information associated with aliens described in subsection 7a72 and 7#b7 comply with all applicable privacy laws4 #faj4 ,recalcitrant countries ,section #bdc7;d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abec7;d77 is amended-- 7#a7 by striking ,on being notified and inserting the following3 7#a7 ,in general ,on being notified 2 and 7#b7 by adding at the end the following3 7#b7 ,report on recalcitrant countries 7,a7 ,in general ,not later than #ij days after the last day of each fiscal year1 the ,secretary of ,homeland ,security and the ,secretary of ,state shall jointly-- 7i7 prepare an unclassified annual report1 which may include a classified annex1 that includes the information described in subparagraph 7,c72 and 7ii7 submit such report to ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 the ,committee on the ,judiciary of the ,senate1 the ,committee on ,foreign ,relations of the ,senate1 the ,committee on ,homeland ,security of the ,house of ,representatives1 the ,committee on the ,judiciary of the ,house of ,representatives1 and the ,committee on ,foreign ,affairs of the ,house of ,representatives4 7,b7 ,briefing ,not later than #cj days after the date on which a report is submitted pursuant to subparagraph 7,a71 designees of the ,secretary of ,homeland ,security and of the ,secretary of ,state shall brief the committees referred to in subparagraph 7,a77ii7 regarding any measures taken to encourage countries to accept the return of their citizens1 subjects1 or nationals1 or aliens whose last habitual residence was within each such country1 who have been ordered removed from the ,united ,states4 7,c7 ,contents ,each report prepared pursuant to subparagraph 7,a77i7 shall include-- 7i7 a list of all countries that-- 7,i7 deny the acceptance of their citizens1 subjects1 or nationals1 or aliens whose last habitual residence was within such country1 who have been ordered removed to such country from the ,united ,states2 or 7,,ii7 unreasonably delay the acceptance of their citizens1 subjects1 or nationals1 or aliens whose last habitual residence was within such country1 who have been ordered removed to such country from the ,united ,states2 7ii7 for each country described in clause 7i77,,ii71 the average length of delay of such citizens1 subjects1 nationals1 or aliens acceptance into such country2 7iii7 a list of the foreign countries that have placed unreasonable limitations upon the acceptance of their citizens1 subjects1 or nationals1 or aliens whose last habitual residence was within such country1 who have been ordered removed to such country from the ,united ,states2 7iv7 a description of the criteria used to determine that a country described under clause 7iii7 has placed such unreasonable limitations2 7v7 the number of aliens ordered removed from the ,united ,states to a country described in clause 7i7 or 7iii7 whose removal from the ,united ,states was pending as of the last day of the previous fiscal year1 including-- 7,i7 the number of aliens who-- 7aa7 received a denial of a work authorization2 and 7bb7 are not eligible to request work authorization2 7vi7 the number of aliens ordered removed from the ,united ,states to a country described in clause 7i7 or 7iii7 whose removal from the ,united ,states was pending as of the last day of the previous fiscal year and who are being detained1 disaggregated by-- 7,i7 the length of such detention2 7,,ii7 the aliens who requested a review of the significant likelihood of their removal in the reasonably foreseeable future2 7,,iii7 the aliens for whom the request for release under such review was denied2 7,,iv7 the aliens who remain detained on account of special circumstances despite no significant likelihood that such aliens will be removed in the foreseeable future1 disaggregated by the specific circumstance2 7,v7 the aliens described in subclause 7,,iv7 who are being detained based on a determination that they are specially dangerous2 7,,vi7 the aliens described in subclause 7,v7 whose request to review the basis for their continued detention was denied2 7,,vii7 demographic categories1 including part of a family unit1 single adults1 and unaccompanied alien children2 7vii7 the number of aliens referred to in clauses 7i7 through 7iii7 who-- 7,i7 have criminal convictions1 disaggregated by ,national ,crime ,information ,center code1 whether misdemeanors or felonies2 7,,ii7 are considered national security threats to the ,united ,states2 7,,iii7 are members of a criminal gang or another organized criminal organization1 if found to be inadmissible or removable on such grounds2 or 7,,iv7 have been released from ,u4,s4 ,immigration and ,customs ,enforcement custody on an order of supervision and the type of supervision and compliance with such supervision1 if applicable2 7viii7 a description of the actions taken by the ,department of ,homeland ,security and the ,department of ,state to encourage foreign nations to accept the return of their nationals2 and 7ix7 the total number of individuals that such jurisdiction has accepted who are not citizens1 subjects1 or nationals1 or aliens who last habitually resided within such jurisdiction and have been removed from the ,united ,states1 if any4 4 ,,vii ,other matters #gja4 ,severability ,if any provision of this division1 any amendment made by this division1 or the application of any such provision or amendment to any person or circumstance is held to be unconstitutional1 the remainder of this division1 the amendments made by this division1 and the application of such provisions or amendments to any other person or circumstance shall not be affected4 ,,viii ,budgetary effects #hja4 ,budgetary effects 7a7 ,statutory ,,paygo scorecards ,the budgetary effects of this division shall not be entered on either ,,paygo scorecard maintained pursuant to section #d7;d7 of the ,statutory ,pay-,as-,you-,go ,act of #bjaj4 7b7 ,senate ,,paygo scorecards ,the budgetary effects of this division shall not be entered on any ,,paygo scorecard maintained for purposes of section #dajf of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress74 7c7 ,classification of budgetary effects ,notwithstanding ,rule #c of the ,budget ,scorekeeping ,guidelines set forth in the joint explanatory statement of the committee of conference accompanying ,conference ,report #aje-bag and section #bej7;c77#h7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe1 the budgetary effects of this division shall not be estimated-- 7#a7 for purposes of section #bea of such ,act2 7#b7 for purposes of an allocation to the ,committee on ,appropriations pursuant to section #cjb7;a7 of the ,congressional ,budget ,act of #aigd2 and 7#c7 for purposes of paragraph 7#d77;,c7 of section #c of the ,statutory ,pay-,as-,you-,go ,act of #bjaj as being included in an appropriation ,act4 ,may #bj1 #bjbd ,read the second time and placed on the calendar